HomeMy Public PortalAbout1991-1999 TOWN CLERK RECORDS WARRANT FOR THE TOWN ELECTION
TOWN OF NEWBURY
APRIL 20, 1991
ESSEX SS.
TO ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY.
GREETINGS:
IN THE NAME OF THE COMMONWEALTH OF MASS . , YOU ARE HEREBY
DIRECTED TO NOTIFY AND WARN THE INHABITANTS OF THE TOWN OF
NEWBURY QUALIFIED TO VOTE IN TOWN AFFAIRS, TO VOTE AT THE
OLDTOWN TOWN HALL FOR PRECINCT #1 AND AT THE BYFIELD TOWN
HALL FOR PRECINCT #2 ON SATURDAY, THE TWENTIETH DAY OF
APRIL, 1991 FROM 12 NOON TO 8 : 00 PM FOR THE FOLLOWING PURPOSE:
THE ELECTION OF THE TOWN OFFICERS TO FILL THE FOLLOWING
POSITIONS, VIZ : SELECTMAN, TOWN CLERK, TREASURER, COLLECTOR,
ASSESSOR, TWO LIBRARY TRUSTEES, TWO SCHOOL COMMITTEE MEMBERS,
AND FISH COMMISIONER ALL FOR THE TERM OF THREE YEARS, TREE
WARDEN FOR ONE YEAR, A PLANNING BOARD MEMBER FOR FIVE YEARS,
AND A CONSTABLE FOR A ONE YEAR UNEXPIRED TERM.
"THE POLLS WILL BE OPEN AT 12 NOON AND CLOSE AT 8 : OOPM"
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING
AN ATTESTED COPY THEREOF IN EACH VOTING PRECINCT, SEVEN
DAYS AT LEAST BEFORE THE TIME OF HOLDING SAID ELECTION.
HEREOF, FAIL NOT, AND MAKE DUE RETURN OF THIS WARRANT WITH
YOUR DOINGS THEREON TO THE TOWN CLERK AT THE TIME AND PLACE
OF ELECTION AFORESAID.
GIVEN UNDER OUR HANDS THIS 9TH DAY OF APRIL, 1991 .
TOWN OF NEWBURY SELECTMEN,
ANGIE MACHIROS
JOSEPH TEVALD
A qNL
OPY AT EIT ALAN I . ADAMS
2. E E
TORK
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: APRIL 9, 1991 CONSTABLE: RICHARD CUNNINGHAM
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: APRIL 10, 1991 CONSTABLE: RICHARD CUNNINGHAM
NEWBURY TOWN ELECTION
APRIL 20, 1991
RESULTS
PCT. #1 PCT. #2 TOTAL
SELECTMEN FOR THREE YEARS
ALAN I . ADAMS 552 447 999
TOWN CLERK FOR THREE YEARS
* MARCIA J . PEIRCE 602 490 1092
TREASURER FOR THREE YEARS
DOLORES E. KRUPOWICZ 347 279 626
JAMES D. CASHMAN 350 289 639
COLLECTOR FOR THREE YEARS
DOLORES E. KRUPOWICZ 346 280 626
JAMES D. CASHMAN 350 289 639
ASSESSOR FOR THREE YEARS
* JOHN H. BURKE 528 419 947
LIBRARY TRUSTEE FOR THREE YEARS
* JAMES D. CASHMAN 512 437 949
* R. MICHAEL FOSBURG 416 339 755
FISH COMMISSIONER FOR THREE YEARS
* JOHN K. THISTLEWOOD JR. 544 475 1019
TREE WARDEN FOR ONE YEAR
RONALD O. PEARSON 323 416 739
PETER W. HOLLIS 331 144 475
SCHOOL COMMITTEE FOR THREE YEARS
* JOAN M. WEYBURN 362 332 694
GRETCHEN HUNSBERGER 326 189 515
* BENJAMIN B. TYMANN 454 408 862
PLANNING BOARD FOR FIVE YEARS
PAUL C . DAUBITZ JR. 326 263 589
DIANA KEITHLEY 321 240 561
CONSTABLE FOR ONE YEAR UNEXPIRED TERM
GERALD PEARSON 257 329 586
DEAN F. ROBINSON 347 184 531
TOTAL VOTES 718 580 1289
RECOUNT
TREASURER FOR THREE YEARS
DOLORES E. KRUPOWICZ 348 277 625
JAMES D. CASHMAN 351 291 642
COLLECTOR FRO THREE YEARS
DOLORES E. KRUPOWTCZ 346 275 621
JAMES D. CASHMAN 352 294 646
L
WARRANT
DELAYED ANNUAL TOWN MEETING
TOWN OF NEWBURY
MAY 28, 1991
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 IN THE NEWBURY ELEMENTARY
AUDITORIUM ON HANOVER STREET IN SAID TOWN OF NEWBURY ON TUESDAY, THE
28th DAY OF MAY AT 7 :30PM. TO ACT ON THE FOLLOWING ARTICLES . VIZ :
ARTICLE 1 . TO ACT ON THE REPORTS OF THE SELECTMEN, TREASURER,
COLLECTOR, AUDITOR, SCHOOL COMMITTEE, SPECIAL COMMITTEES, AND ALL
OTHER TOWN OFFICERS .
ARTICLE 2 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE
THE FOLLOWING AMOUNTS FOR THE OPERATION OF THE TOWN IN FISCAL 1992 .
FINANCE COMMITTEE RECOMMENDS FY92 CHANGE FROM FY91
MODERATOR' S SALARY 35
SELECTMEN' S SALARIES 15 , 500
SELECTMEN ' S EXPENSE 11 , 650
SELECTMEN ' S SECRETARY 21 ,052
TOWN HALL ADM SERVICE 22 ,589
RESERVE FUND 25 ,000 -150,000
ACCOUNTANT ' S SALARY 15 , 580
ACCOUNTANT ' S EXPENSE 650
ASSESSORS ' SALARIES 7 , 078
ASSESSORS ' EXPENSE 63 , 223
AUDIT TOWN BOOKS 12 , 700
TREASURER' S SALARY 15 ,333
COLLECTOR' S SALARY 15 ,333
TREASURER-COLLECTOR EXPENSE 34,374
LEGAL EXPENSE 25 , 000
PERSONNEL BOARD 500
COMPUTER ACCOUNT 3 ,220
TOWN CLERK' S SALARY 24, 184
TOWN CLERK' S EXPENSE 6 , 700
ELECTION EXPENSE 4,200
REGISTRARS VOTERS SALARIES 550
REGISTRARS VOTERS EXPENSE 5 ,250
CONSERVATION COMM. EXPENSE 7 , 714
TREE WARDEN SALARY 1 , 888
TREE WARDEN EXPENSE 8, 553
PLANNING BOARD EXPENSE 2 , 835
SUB DIVISION EXPENSE 3 ,000 -3 ,000
MASTER PLAN 1 ,000 -2 ,000
MERRIMACK VALLEY PLANNING COMM. 1 , 518 +273
ZONING BOARD OF APPEALS 709
TOWN HALLS MAINT. EXPENSE 40,000
TOWN REPORTS 2 , 500
INSURANCE EXPENSE 125 , 000 +15 , 000
POLICE DEPARTMENT EXPENSE 537 , 085 +22 , 649
FIRE PROTECTION 142 , 624
FOREST FIRES 2 , 756
FIRE ALARM MAINT. EXPENSE 2 ,000
HYDRANT SERVICE 10, 263
AMBULANCE SERVICE 43 , 000
BUILDING INSPECTOR EXPENSE 38 , 580
SEALER OF WEIGHTS MEASURES 1 ,000
CIVIL DEFENSE 1 ,000
qq
ACO SALARY 95813
ACO EXPENSE 0 -900
SCHOOL COMM. SALARIES 800
VOCATIONAL TRANSPORTATION 6 ,700
HIGHWAY LABOR 95 ,046
HIGHWAY SUPT. SALARY 32 ,205
SNOW REMOVAL 60 ,000
STREET LIGHTING 38 , 000
HIGHWAY MAINTENANCE 70,000
TRUCK MAINTENANCE 30 , 000
GARAGE MAINTENANCE 15 ,000
CEMETERIES EXPENSE 3 ,000
COUNCIL ON AGING EXPENSE 32 ,465
VETERANS SERVICES 12 , 500 -2000
NEWBURY TOWN LIBRARY 97 , 119 +5335
LIFEGUARD EXPENSE 32 ,036
PARKS EXPENSE 20 , 613
HISTORIC COMMISSION 650
HISTORIC RECORDS PRESERVATION 3 , 500
MEMORIAL DAY 500
NOTES ON BONDS 0
INTEREST ON BONDS 0
INTEREST 6 ,500
HEALTH INSURANCE 236 , 000
EMPLOYEE LIFE INSURANCE 750
FICA TAX 10 , 000
CONSERVATION FUND 750
TOTAL 2 , 116 , 673 -114, 643
ARTICLE 3 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
SUM OF $1 , 276 , 239 AND CONTINGENT UPON PASSAGE OF AN OVERRIDE QUESTION
TO BE VOTED AR THE ELECTION TO BE HELD ON JUNE 15 1991 . AN ADDITIONAL
SUM OF $209 , 705 FOR THE PURPOSE OF FUNDING THE TRITON REGIONAL SCHOOL
DISTRICTS REQUESTED BUDGET FOR FY 1992 IN THE AMOUNT OF $1 ,485 ,944 .
ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
SUM OF $1 , 906 ,291 AND CONTINGENT UPON PASSAGE OF AN OVERRIDE QUESTION
TO BE VOTED AT A SUBSEQUENT ELECTION TO BE HELD ON JUNE 15 1991 , AN
ADDITIONAL SUM OF $168,050 FOR THE PURPOSE OF FUNDING THE NEWBURY
ELEMENTARY SCHOOLS FOR FY 1992 .
ARTICLE 5 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE BY TRANSFER
FROM FY92 AVAILABLE FUNDS A SUM NOT TO EXCEED $96 , 506 . TO PROVIDE
ADDITIONAL FUNDS TO THE NEWBURY ELEMENTARY SCHOOL 1992 BUDGET.
AVAILABILITY OF FUNDS AND TRANSFER TO BE SUBJECT TO APPROVAL OF THE
SELECTMEN AND THE FINANCE COMMITTEE.
FINANCE COMMITTE RECOMMENDS .
ARTICLE 6 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
SUM OF $80, 889 FOR THE FY92 EXPENSES OF THE NEWBURY ELEMENTARY SCHOOL
ADDITION BOND AND INTEREST.
FINANCE COMMITTEE RECOMMENDS .
ARTICLE 7 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
SUM OF $73 , 843 TO FUND THE WHITTIER REGIONAL SCHOOL ASSESSMENT FOR FY92 .
FINANCE COMMITTEE RECOMMENDS .
ARTICLE 8 . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF
SELECTMEN TO ENTER INTO A CONTRACT WITH THE DEPARTMENT OF PUBLIC WORKS
ANDTHE COUNTY COMMISIONERS FOR THE CONSTRUCTION AND MAINTENANCE OF
PUBLIC HIGHWAYS FOR THE ENSUING YEAR.
ARTICLE 9 . TO SEE IF THE TOWN WILL VOTE TO ASSUME LIABILITY IN THE
MANNER PROVIDED BY SECTION 29 . OF CHAPTER 91 OF THE GENERAL LAWS. AS
MOST RECENTLY AMENDED BY CHAPTER 5 , ACTS OF 1955 . FOR ALL DAMAGES THAT
MAY BE INCURRED BY WORK TO BE PERFORMED BY THE DEPARTMENT OF PUBLIC
WORKS OF MASSACHUSETTS FOR THE IMPROVEMENT, DEVELOPMENT, MAINTENANCE,
AND PROTECTION WITHIN THE TOWN OF NEWBURY, OF TIDAL AND NON-TIDAL RIVERS
AND STREAMS , HARBORS , TIDEWATERS , FORESHORES AND SHORES ALONG A PUBLIC
BEACH. INCLUDING THE MERRIMAC RIVER, IN ACCORDANCE WITH SECTION 11 OF
CHAPTER 91 OF THE GENERAL LAWS , AND AUTHORIZE THE SELECTMEN TO EXECUTE
AND DELIVER A BOND OF INDEMNITY THEREFORE TO THE COMMONWEALTH.
ARTICLE 10 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF
$132 ,047 AS THE TOWNS SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT
SYSTEM FOR THE FISCAL YEAR 1992 . $45 , 577 OF WHICH IS TO BE TAKEN FROM
AVAILABLE FUNDS AND THE BALANCE OF $86 ,470 TO BE RAISED BY TAX LEVY.
FINANCE COMMITTEE RECOMMENDS .
ARTICLE 11 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF
$4 , 500 TO THE WIRE INSPECTORS EXPENSE ACCOUNT FOR THE ENSUING YEAR.
SAID SUM TO BE TAKEN FROM WIRE INSPECTORS RECEIPTS FOR FISCAL 1991 .
FINANCE COMMITTEE RECOMMENDS.
ARTICLE 12 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM
OF $1800 TO THE GAS INSPECTORS EXPENSE ACCOUNT FOR THE ENSUING
YEAR. SAID SUM TO BE TAKEN FROM GAS INSPECTORS RECEIPTS FOR
FISCAL 1991.
FINANCE COMMITTEE RECOMMENDS.
ARTICLE 13 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE
SUM OF $4, 025 TO THE BOARD OF HEALTH AGENTS EXPENSE ACCOUNT FOR
THE ENSUING YEAR. SAID SUM TO BE TAKEN FROM BOARD OF HEALTH
AGENTS RECEIPTS FOR FISCAL 1991 .
FINANCE COMMITTEE RECOMMENDS.
ARTICLE 14 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE
SUM OF $2, 240 TO THE FIRE PROTECTION INSPECTORS EXPENSE ACCOUNT
FOR THE ENSUING YEAR. SAID SUM TO BE TAKEN FROM FIRE PROTECTION
INSPECTORS RECEIPTS FOR FISCAL 1991.
FINANCE COMMITTEE RECOMMENDS.
ARTICLE 15 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE
SUM OF $2, 940 TO THE PLUMBING INSPECTORS EXPENSE ACCOUNT FOR
THE ENSUING YEAR. SAIpSUM TO BE TAKEN FROM THE PLUMBING INSPECTORS
RECEIPTS FOR FISCAL 1991 .
FINANCE COMMITTEE RECOMMENDS .
ARTICLE 16 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE
SUM OF $2, 000 TO THE PARKING CLERKS EXPENSE ACCOUNT FOR THE
ENSUING YEAR. SAID SUM TO BE TAKEN FROM PARKING CLERKS RECEIPTS
FOR FISCAL 1991.
FINANCE COMMITTEE RECOMMENDS.
ARTICLE 17 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE
SUM OF $6 , 600 TO THE CLAM FLATS EXPENSE ACCOUNT FOR THE ENSUING
YEAR. SAID SUM TO BE TAKEN FROM CLAM FLATS RECEIPTS FOR FISCAL
1991.
FINANCE COMMITTEE RECOMMENDS.
ARTICLE 18 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE
THE SUM OF $500 TO THE LIBRARY PUBLIC PHOTOCOPIER EXPENSE
ACCOUNT FOR THE ENSUING YEAR. SAID SUM TO BE TAKEN FROM
LIBRARY PHOTCOPIERS RECEIPTS FOR FISCAL 1991.
FINANCE COMMITTEE RECOMMENDS.
ARTICLE 19 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE
THE SUM OF $222 , 500 TO THE BOARD OF HEALTH ACCOUNT FOR THE
ENSUING YEAR. $98, 000 OF WHICH IS TO BE TAKEN FROM REVENUE
SHARING AND THE BALANCE OF $124, 500 TO BE RAISED BY TAX LEVY.
FINANCE COMMITTEE RECOMMENDS .
ARTICLE 20 . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE
CONTINUANCE OF THE "DOG FUND" AS A REVOLVING FUND ACCOUNT.
FUNDING SHALL BE FROM LICENSE FEES. LATE FINES, OR ANY OTHER
DESIGNATED SOURCES AND WILL BE SUBJECT TO ALL PROVISIONS OF
SEC. 53E 1/2 OF CHAPTER 44MGL. THE ANIMAL CONTROL OFFICER WITH
THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND $1500
DURING THE NEXT FISCAL YEAR FOR ANIMAL CONTROL EXPENSES.
FINANCE COMMITTEE RECOMMENDS.
ARTICLE 21. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE
CONTINUANCE OF THE "MUNICIPAL WATERWAYS IMPROVEMENT AND
MAINTENANCE FUND" AS ESTABLISHED BY CLAUSE 72 . SEC. 5 . CHAPTER
40MGL AS A REVOLVING FUND ACCOUNT. FUNDING IN ADDITION TO
THAT REQUIRED BY CLAUSE (i) SEC. 2, CHAPTER 60B MGL SHALL BE
BY SUMS RECEIVED FROM WATERWAYS FEES, PERMITS, FINES OR
ANY OTHER DESIGNATED SOURCES SUBJECT TO ALL PROVISIONS OF
SEC. 53E 1/2 OF CHAPTER 44 MGL. THE HARBORMASTER WITH THE
APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND $11, 023
DURING THE NEXT FISCAL YEAR.
FINANCE COMMITTEE RECOMMENDS.
ARTICLE 22 . TO SEE IF THE TOWN WILL VOTE TO ACCEPT AS A
BY-LAW OF THE TOWN THE PROVISIONS OF CHAPTER 40 , SEC. 21D, MGL
WHICH PROVIDE FOR THE NON-CRIMINAL DISPOSITION OF VIOLATIONS
OF TOWN BY-LAWS, RULES OR REGULATIONS, AND THE PROCEDURES
SET FORTH THEREIN RELATIVE TO NOTICES, HEARINGS, AND PAYMENT
OF FINES APPLICABLE THERETO.
FULL TEXT AVAILABLE FOR INSPECTION AT THE TOWN CLERK' S OFFICE.
ARTICLE 23 . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE
SELECTMEN AND THE HARBOR COMMISSION TO ESTABLISH RULES, REGULATIONS
FINES AND FEES FOR THE BETTERMENT AND SAFETY OF WATERWAYS WITHIN
THE TOWN. SAID RULES, REGULATIONS, FINES AND FEES ARE SUBJECT
TO ALL STATE AND FEDERAL LAWS AND GUIDELINES .
ARTICLE 24 . TO SEE IF THE TOWN WILL VOTE TO ACCEPT AND EEO
GRANT FOR FY 1992 IN THE AMOUNT OF $389, 650 MADE AVAILABLE TO
TRITON REGIONAL SCHOOL DISTRICT UNDER THE PROVISIONS OF SECTION
4 , CHAPTER 70A, PROVIDED THAT SAID ACCEPTANCE DOES NOT REQUIRE
THE TOWN TO INCREASE ITS TOTAL EDUCATIONAL BUDGET FOR FY 1992,
OR TAKE ANY OTHER ACTION RELATIVE THERETO.
FINANCE COMMITTEE RECOMMENDS.
ARTICLE 25 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND
APPROPRIATE OR TRANSFER AND APPROPRIATE FROM AVAILABLE FUNDS
THE SUM OF $20, 000 FOR THE EXTERIOR PAINTING OF THE BYFIELD
SCHOOL, OR TAKE ANY OTHER ACTION RELATIVE THERETO.
FINANCE COMMITTEE RECOMMENDS.
ARTICLE 26 . TO SEE IF THE TOWN WILL RAISE AND APPROPRIATE
OR TRANSFER FROM AVAILABLE FUNDS, THE SUM OF $10, 000 TO BE
USED BY THE BOARD OF FIRE ENGINEERS TO PURCHASE HOSE FOR
PROTECTION FIRE CO. #1 AND PROTECTION FIRE CO. #2 OR TAKE
ANY OTHER ACTION RELATIVE THERETO.
FINANCE COMMITTEE RECOMMENDS .
ARTLICLE 27 . TO SEE IF THE TOWN OF NEWBURY WILL VOTE TO
WITHDRAW FROM MEMBERSHIP IN THE ESSEX COUNTY MOSQUITO CONTROL
PROJECT, PURSUANT TO THE PROVISIONS OF CHAPTER 516 OF THE
ACTS OF 1958, OR TAKE ANY ACTION THEREON.
BY REQUEST OF DAVID W. RIMMER AND OVER 10 OTHERS.
ARTICLE 28 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND
APPROPRIATE THE SUM OF $741. 80 FOR USE BY THE ESSEX COUNTY
MOSQUITO CONTROL PROJECT TO BE USED TO MAINTAIN ITS PROGRAM
OF TRAPPING THE ADULT GREENHEAD FLIES DURING THE SUMMER OF
1991.
FINANCE COMMITTEE RECOMMENDS.
ARTICLE 29 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND
APPROPRIATE AS REQUIRED BY SECTION 4, OF CHAPTER 112, OF THE
ACTS OF 1931 THE SUM ($1. 00) ONE DOLLAR FOR THE NECESSARY
MAINTENANCE DURING THE ENSUING YEAR. OF THE MOSQUITO CONTROL WORKS
CONSTRUCTED IN THE TOWN.
FINANCE COMMITTEE RECOMMENDS .
ARTICLE 30 . TO SEE IF THE TOWN WILL VOTE TO ADJOURN UNTIL
7 :30PM ON JUNE llth, 1991 AT THE NEWBURY ELEMENTARY SCHOOL
TO TAKE ANY NECESSARY ACTION ON THE TRITON REGIONAL BUDGET
FOR FISCAL 1992 .
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING
AN ATTESTED COPY THEREOF IN EACH VOTING PRECINCT, SEVEN DAYS
AT LEAST BEFORE THE TIME OF HOLDING SAID ELECTION.
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 14TH DAY OF MAY, 1991 .
SELECTMEN TOWN OF NEWBURY
ANGIE MACHIROS
JOSEPH S. TEVALD
ALAN I . ADAMS
A TRUE COPY AT PT
MARCIA J. PEI C
TOWN CLERK
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: MAY 15, 1991
CONSTABLE: RICHARD N. CUNNINGHAM
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: MAY 16, 1991
CONSTABLE: RICHARD N. CUNNINGHAM
BY UNANIMOUS DECISION OF THE BOARD OF SELECTMEN ON MARCH 26, 1991.
THE ANNUAL TOWN MEETING SCHEDULED FOR APRIL 16, 1991 WILL BE DELAYED.
AS PERMITTED BY MGL, CH. 39, SEC.9.
DELAYED ANNUAL TOWN MEETING
MAY 28, 1991
RESULTS
THE MEETING WAS CALLED TO ORDER BY THE MODERATOR, RICHARD JOY.
THE CALL AND RETURN WERE READ BY THE CLERK.
A MOMENT OF SILENCE WAS OBSERVED FOR THOSE RESIDENTS WHO DIED DURING
THE PAST YEAR AND THE DEATH TODAY OF 8 YEAR OLD JASON SAWYER.
MR. MACBURNIE AND MR. EMERSON WERE APPOINTED AS COUNTERS.
ARTICLE 1. MOVED AND SECONDED TO ACCEPT THE REPORTS AS PRINTED.
VOTED UNANIMOUS.
ARTICLE 2. MOVED AND SECONDED. THE POLICE BUDGET WAS CORRECTED TO READ
$514,436. THIS REFLECTS A VOTE BY THE POLICE TO LEVEL FUND. OTHER
QUESTIONS WERE ADDRESSED. VOTED PASSED $2,094,024.
ARTICLE 3. MOVED AND SECONDED $1,485,944 CONTINGENT UPON PASSAGE OF
AN OVERRIDE AMOUNT OF $209,705 FOR TRITON. JOAN WEYBURN SCHOOL COMMITTEE
CHAIRMAN EXPLAINED THE AMOUNTS AND THE NEEDS OF THE ARTICLE. BY VOTING
THIS AMOUNT IT WOULD COVER ANY LESSOR AMOUNT IN THE FUTURE. JUNE 5th IS
THEDATE FOR ANY ADJUSTED AMOUNT BY TRITON. BRUCE IRVING MOVED TO TABLE
THIS ARTICLE UNTIL JUNE 11. ARTICLE SECONDED. THIS WOULD POSTPONE VOTING
ON JUNE 1. AFTER EXTENSIVE DISCUSSION, A COUNTED VOTE ON THE AMENDMENT TO
TABLE FAILED 143 TO 85. THE ORIGINAL ARTICLE WAS THEN VOTED WITH THE
UNDERSTANDING THAT EVEN WITH A LOWER TRITON BUDGET OUR SHARE WILL STILL
ONLY BE 31 1/2%. VOTED PASSED.
ARTICLE 4. MOVED AND SECONDED TO VOTE THE SUM OF $1,906,291 FOR NES AND
$168,050 ADDITIONAL CONTINGENT UPON PASSAGE OF THE OVERRIDE. QUESTIONS
AND DISCUSSION. VOTED PASSED.
ARTICLE 5. MOVED AND SECONDED TO APPROPRIATE FROM AVAILABLE FUNDS A SUM
NOT TO EXCEED $96,506 TO THE NES SUBJECT TO APPROVAL OF THE SELECTMEN AND
THE FINANCE COMMITTEE. MR. MACHIROS EXPLAINED THE NEED FOR THE ARTICLE ONLY
IF THE OVERRIDE DID NOT PASS. ARTICLE VOTED PASSED.
ARTICLE 6. MOVED AND SECONDED TO RAISE AND APPROPRIATE $80,889 FOR NES
SCHOOL ADDITION BOND AND INTEREST. NEED EXPLAINED BY MR. IRVING FINANCE
COMMITTEE CHAIRMAN. VOTED PASSED.
5/28/91 results
ARTICLE 7 . MOVED AND SECONDED TO RAISE AND APPROPRIATE $73 , 843
FOR WHITTIER REGIONAL. MR. IRVING MOVED TO TABLE THIS ARTICLE
BECAUSE FOUR TOWNS HAD ALREADY VOTED IT DOWN AND A NEW BUDGET WILL
HAVE TO BE PRESENTED ANYWAY. MOTION TO TABLE LOST. WE WILL ONLY
BE RESPONSIBLE FOR OUR PROPORTION WHICH MUST BE LESS BUT WE WILL
BE TAXED ON WHAT IS VOTED NOT WHAT IS ACTUALLY USED.
ARTICLE PASSED YES 152 NO 96 .
RECEIVED JUNE 19, 1991 THE ACTUAL AMOUNT OF $68, 083 .
ARTICLE 8 . MOVED AND SECONDED. VOTE UNANIMOUS.
ARTICLE 9 . MOVED AND SECONDED. VOTE UNANIMOUS.
ARTICLE 10 . MOVED AND SECONDED TO APPROPRIATE $132, 047 FOR ESSEX
COUNTY RETIREMENT. $45, 577 FROM AVAILABLE FUNDS AND $86, 470 TO BE
RAISED BY TAX LEVY. PASSED UNANIMOUS.
ARTICLES 11-18 . MOVED AND SECONDED ALL OFF-SET ACCOUNTS AS A UNIT.
PASSED UNANIMOUS.
ARTICLE 19 . FINANCE COMMITTEE MOVED TO AMEND THE ARTICLE FIGURES AS
PRINTED TO READ $137 , 600 FROM REVENUE SHARING AND $84, 900 TO BE
RAISED BY TAX LEVY. AMENDMENT SECONDED AND VOTED. AMENDED ARTICLE
MOVED, SECONDED AND VOTED TO TOTAL AMOUNT OF $222 , 500 .
PASSED.
ARTICLE 20 . MOVED AND SECONDED TO CONTINUE THE DOG FUND AS A
REVOLVING FUND. PASSED UNANIMOUS.
ARTICLE 21. MOVED AND SECONDED TO CONTINUE MUNICIPAL WATERWAYS
IMPROVEMENT AND MAINTENANCE FUND AS A REVOLVING FUND. PASSED UNANIMOUS.
ARTICLE 22 . MOVED AND SECONDED TO ACCEPT AS A BY-LAW CHAPTER 40
SECTION 21D, NON-CRIMINAL DISPOSITION OF VIOLATIONS OF TOWN BY-LAWS,
RULES OR REGULATIONS . PASSED UNANIMOUS.
ARTICLE 23 . MOVED AND SECONDED TO ESTABLISH "WATERWAYS RULES,
REGULATIONS, FINES AND FEES" . PASSED UNANIMOUS.
ARTICLE 24 . MOVED AND SECONDED TO ACCEPT AN EEO GRANT OF
$389, 650 FOR TRITON REGIONAL. PASSED UNANIMOUS.
5/28/91 results
ARTICLE 25. MOVED AND SECONDED TO RAISE AND APPROPRIATE $20,000 FOR THE
PAINTING OF THE BYFIELD SCHOOL. PASSED.
ARTICLE 26. MOVED AND SECONDED TO RAISE AND APPROPRIATE $ 10,000 FOR THE
BOARD OF FIRE ENGINEERS. PASSED UNANIMOUS.
ARTICLE 27. MOVED AND SECONDED. MR. RIMMER SPOKE IN SUPPORT OF THE ARTICLUF
EXPLAINING THE DANGERS OF MALITHION AND HIS CONCERNS. MR. MONTGOMERY FROM
ESSEX COUNTY MOSQUITO CONTROL SPOKE ON THE MERITS OF THE PROGRAM. AFTER
CONSIDERABLE DISCUSSION A COUNTED VOTE WAS TAKEN. YES 60 NO 189 TO
WITHDRAW FROM THE PROGRAM. NOT PASSED.
ARTICLE 28. MOVED AND SECONDED TO RAISE AND APPROPRIATE $741.80 FOR GREENIIEAD
CONTROL. VOTED PASSED.
ARTICLE 29. MOVED AND SECONDED $1 (one dollar) FOR MOSQUITO CONTROL WORKS.
PASSED UNANIMOUS.
ARTICLE 30. MOVED AND SECONDED TO ADJOURN UNTIL TUESDAY, JUNE 11 TO TAKE
FURTHER ACTION ON TRITON. PASSED UNANIMOUS.
291 VOTERS WERE CHECKED BY THE REGISTRARS.
MEETING ADJOURNED AT 9:27 PM.
-7
A TRUE COPY ATTEST:
LIZ-
MARCIA J. PEIRC
TOWN CLERK
WARRANT FOR THE SPECIAL TOWN ELECTION
TOWN OF NEWBURY
JUNE 1, 1991
ESSEX SS.
TO: ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY
GREETINGS:
IN THE NAME OF THE COMMONWEALTH OF MASS. . YOU ARE HEREBY DIRECTED
TO NOTIFY AND WARN THE INHABITANTS OF THE TOWN OF NEWBURY QUALIFIED
TO VOTE IN TOWN AFFAIRS, TO VOTE AT THE OLDTOWN TOWN HALL FOR PRECINCT
#1 AND AT THE BYFIELD TOWN HALL FOR PRECINCT #2 ON SATURDAY, THE FIRST
DAY OF JUNE, 1991 FROM 12 NOON TO 8 : OOPM FOR THE FOLLOWING PURPOSE:
TO VOTE ON THE FOLLOWING QUESTIONS:
QUESTION #1 . "SHALL THE TOWN OF NEWBURY BE ALLOWED TO ASSESS
AN ADDITIONAL $209, 705 . 00 IN REAL ESTATE AND PERSONAL PROPERTY
TAXES FOR THE PURPOSE OF MAINTAINING THE CURRENT QUALITY OF
EDUCATION AND THE CURRENT STAFFING FOR THE TRITON REGIONAL
SCHOOL FOR THE FISCAL YEAR BEGINNING JULY FIRST, NINETEEN HUNDRED
AND NINETY-ONE?
QUESTION #2 . "SHALL THE TOWN OF NEWBURY BE ALLOWED TO ASSESS
AN ADDITIONAL $168, 050 . 00 IN REAL ESTATE AND PERSONAL PROPERTY
TAXES FOR THE PURPOSE OF MAINTAINING THE CURRENT QUALITY OF
EDUCATION AND THE CURRENT STAFFING FOR THE NEWBURY ELEMENTARY
SCHOOL FOR THE FISCAL YEAR BEGINNING JULY FIRST, NINETEEN HUNDRED
AND NINETY-ONE. ?"
THE POLLS WILL OPEN AT TWELVE NOON AND CLOSE AT EIGHT PM.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING
AN ATTESTED COPY THEREOF IN EACH VOTING PRECINCT, FOURTEEN DAYS
AT LEAST BEFORE THE TIME OF HOLDING SAID ELECTION.
HEREOF, FAIL NOT, AND MAKE DUE RETURN OF THIS WARRANT WITH YOUR
DOINGS THEREON TO THE TOWN CLERK AT THE TIME AND PLACE OF ELECTION
AFORESAID.
GIVEN UNDER OUR HANDS THIS 14TH DAY OF MAY, 1991 .
TOWN OF NEWBURY SELECTMEN A TRUE COPY ATTEST:
ANGIE MACHIROS /yX
JOSEPH S . TEVALD / dmmALAN I . ADAMS MARCIA J/.
TOWN CLF R
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: MAY 15, 1991 CONSTABLE,
RICHARD N. CUNNINGHAM
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 PLACE MENTIONED FOR
THE PURPOSE HEREIN NAMED.
DATE: MAY 16, 1991 CONSTABLE. RICHARD N. CUNNINGHAM
OVERRIDE ELECTION TOWN OF NEWBURY
JUNE 1, 1991
RESULTS
QUESTION #1 . "SHALL THE TOWN OF NEWBURY BE ALLOWED TO
ASSESS AN ADDITIONAL $209, 705 . 00 IN REAL ESTATE AND PERSONAL
PROPERTY TAXES FOR THE PURPOSE OF THE TRITON REGIONAL SCHOOL
FOR THE FISCAL YEAR BEGINNING JULY FIRST, NINETEEN HUNDRED
AND NINETY-ONE?
PRECINCT #1 PRECINCT #2 TOTAL
YES 252 223 475
NO 357 191 548
DEFEATED
QUESTION #2 . "SHALL THE TOWN OF NEWBURY BE ALLOWED TO ASSESS
AN ADDITIONAL $168, 050 . 00 IN REAL ESTATE AND PERSONAL PROPERTY
TAXES FOR THE PURPOSE OF MAINTAINING THE CURRENT QUALITY OF
EDUCATION AND THE CURRENT STAFFING FOR THE NEWBURY ELEMENTARY
SCHOOL FOR THE FISCAL YEAR BEGINNING JULY FIRST, NINETEEN
HUNDRED AND NINETY-ONE. ?"
PRECINCT #1 PRECINCT #2 TOTAL
YES 276 241 517
NO 334 176 510
VOTED PASSED
A TRUE COPY ATTEST:
c�-
MARCIA"J. PEIRCE /
TOWN CLERK
RECONVENED DELAYED ANNUAL TOWN MEETING
JUNE 11, 1991
THE RECONVENED TOWN MEETING WAS CALLED TO ORDER AT 7 : 30 PM BY THE
MODERATOR WHO DECLARED A QUORUM PRESENT.
159 VOTERS WERE CHECKED IN BY THE REGISTRARS.
COUNTERS APPOINTED WERE MR. LOWELL AND MR. MACBURNIE.
ARTICLE 30 . MOVED AND SECONDED TO RESCIND THE ACTION TAKEN ON ARTICLE
3 OF THE MEETING OF MAY 28 AND TO AMEND THE ARTICLE TO READ AS FOLLOWS;
TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
$1, 276, 239 AND, CONTINGENT UPON PASSAGE OF AN OVERRIDE QUESTION TO BE
VOTED AT THE ELECTION TO BE HELD ON JUNE 29 , 1991, AN ADDITIONAL SUM OF
$118, 654 FOR THE PURPOSE OF FUNDING THE TRITON REGIONAL SCHOOL DISTRICTS
REQUESTED BUDGET FOR FY 1992 IN THE AMOUNT OF $1, 394 , 893 .
ROBERT WOOLF OF THE FINANCE COMMITTEE STATED THAT EVEN THOUGH THE
ORIGINAL OVERRIDE FAILED, ANOTHER OVERRIDE IS NEEDED BECAUSE THE TOWN
DOESN'T HAVE THE MONEY. THE NES OVERRIDE ALREADY PASSED WILL INCREASE
TAXES AND TRITON' S WILL INCREASE THEM 24 CENTS PER 1000 MORE.
JOAN WEYBURN OF THE SCHOOL COMMITTEE MOVED THE FOLLOWING AMENDMENT
SECONDED BY GERALDINE REED.
"I MOVED TO AMEND THE MOTION TO SEE IF THE TOWN WILL VOTE TO RAISE
AND APPROPRIATE THE SUM OF $1, 394 , 893 FOR THE PURPOSE OF FUNDING THE
TRITON REGIONAL SCHOOL DISTRICTS REQUESTED BUDGET FOR FY 1992" .
THIS WOULD MEAN NO OVERRIDE FOR THE SCHOOL. THEY MUST PRESENT AN
EDUCATIONALLY SOUND BUDGET OR THEY WILL LOOSE THE EEO FUNDS.
EXTENSIVE PRESENTATION.
SEVERE THUNDERSTORMS, POWER OUT, EMERGENCY LIGHTS, MEETING CONTINUED.
ANGIE "PEOPLE NEED THE CHANCE TO HAVE THEIR SAY AND ANOTHER OVERRIDE
IS THE ONLY WAY. IF NOT THEN THIS AMOUNT WOULD COME FROM THE OTHER
TOWN SERVICES. ALL SERVICES AFFECT 100% OF THE PEOPLE, THE SCHOOL
ONLY 2 0% .
KRIEGEL "SUPPORT THIS VOTE AND THEN HAVE AN OVERRIDE OF 118, 000 FOR
THE OTHER SERVICES" .
OTHER QUESTIONS ANSWERED INCLUDING WHAT HAPPENS IF CONTINUOS OVERRIDES
DO NOT PASS? WE WILL WORK ON A 1/12 BUDGET UNTIL DECEMBER, OR UNTIL
SUCH TIME AS THE STATE MANDATES THE AMOUNT.
REQUEST FOR A WRITTEN BALLOT DENYED.
COUNTED VOTE ON AMENDED MOTION. YES 64 NO 91 NOT PASSED.
REQUEST TO CHANGE THE DATE OF THE ELECTION BECAUSE OF HOLIDAY. DENYED
BY SELECTMEN.
ORIGINAL ARTICLE COUNTED VOTE YES 91 NO 50 PASSED TO HAVE OVERRIDE
ELECTION.
ADJOURNED AT 8 : 45 .
A TRU COPY AT T:
M CIA J. PE C
TOWN CLERK
TOWN OF NEWBURY
SPECIAL TOWN MEETING
JUNE 25, 1991
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 IN THE
NEWBURY TOWN HALL AT 25 HIGH ROAD IN SAID TOWN OF NEWBURY ON
TUESDAY, THE 25TH DAY OF JUNE 1991 AT 7 : 30PM. TO ACT ON THE FOLLOWING
ARTICLES, VIZ ;
ARTICLE 1. TO SEE IF THE TOWN WILL VOTE TO HOLD OVER ANY UNEXPENDED
BALANCES IN THE FOLLOWING ACCOUNTS OF F.Y. 91 FOR THE USE IN THESE
ACCOUNTS UNTIL SPENT OR TRANSFERED.
RESERVE FUND
HIGHWAY LABOR
SNOW REMOVAL
HIGHWAY REPAIR
HIGHWAY BRIDGES & SIDEWALKS
HIGHWAY MAINT.
BOARD OF HEALTH
PARKS
GARAGE MAINT.
ARTICLE 2 . TO SEE IF THE TOWN WILL VOTE TO TRANSFER ANY UNEXPENDED
BALANCES IN THE FOLLOWING ACCOUNTS OF F.Y. 91 TO THE RESERVE FUND.
BUILDING INSPECTOR
LIFEGUARD EXPENSES
TOWN HALL MAINT.
LEGAL EXPENSE
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN
ATTESTED COPY THEREFOR IN EACH VOTING PRECINCT, FOUTEEN DAYS AT LEAST
BEFORE THE TIME OF HOLDING SAID MEETING.
HEREOF, FAIL NOT, AND MAKE DUE RETURN OF THIS WARRANT WITH YOUR DOINGS
THEREON TO THE TOWN CLERK AT THE TIME AND PLACE OF MEETING AFORESAID.
GIVEN UNDER OUR HANDS THIS 11TH DAY OF JUNE, 1991 .
A TRUE COPY �T�T• SELECTMEN, TOWN OF NEWBURY
ANGIE MACHIROS
JOSEPH S. TEVALD
M RCIA J. ; ' ��tIRCE TOWN CLE ALAN I . ADAMS
R(IE
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: 6/11/91 CONSTABLE: RICHARD N. CUNNINGHAM
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: 6/12/91 CONSTABLE: RICHARD N. CUNNINGHAM
TOWN OF NEWBURY
SPECIAL TOWN MEETING
RESULTS
JUNE 25 , 1991
THE MEETING WAS CALLED TO ORDER AT 7 : 43 AFTER A QUORUM WAS FOUND.
THE CALL AND RETURN WERE READ BY THE CLERK.
ARTICLE 1 . MOVED AND SECONDED TO HOLD OVER ANY UNEXPENDED
BALANCES IN THE FOLLOWING ACCOUNTS OF F.Y. 91 FOR USE IN
THESE ACCOUNTS UNTIL SPENT OR TRANSFERED.
RESERVE FUND
HIGHWAY LABOR
SNOW REMOVAL
HIGHWAY REPAIR
HIGHWAY BRIDGES & SIDEWALKS
HIGHWAY MAINT.
BOARD OF HEALTH
PARKS
GARAGE MAINT.
VOTED UNANIMOUS
ARTICLE 2 . MOVED AND SECONDED TO TRANSFER ANY UNEXPENDED
BALANCES IN THE FOLLOWING ACCOUNTS OF F.Y. 91 TO THE RESERVE
FUND.
BUILDING INSPECTOR
LIFEGUARD EXPENSES
TOWN HALL MAINT.
LEGAL EXPENSE
VOTED UNANIMOUS
MEETING ADJOURNED AT 7 : 44 .
A TRUE COPY ATTEST✓/
ell
MARCIA J. PEIRCE
TOWN CLERK
WARRANT FOR SPECIAL OVERRIDE ELECTION
TOWN OF NEWBURY
JUNE 29, 1991
ESSEX SS.
TO ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY
GREETINGS:
IN THE NAME OF THE COMMONWEALTH OF MASS., YOU ARE HEREBY DIRECTED TO
NOTIFY AND WARN THE INHABITANTS OF THE TOWN OF NEWBURY QUALIFIED TO
VOTE IN TOWN AFFAIRS, TO VOTE AT THE OLDTOWN TOWN HALL FOR PRECINCT
#1 AND AT THE BYFIELD TOWN HALL FOR PRECINCT # 2 ON SATURDAY, THE
TWENTY-NINETH DAY OF JUNE, 1991 FROM 12 NOON TO 8:00 PM FOR THE
FOLLOWING PURPOSE:
TO VOTE ON THE FOLLOWING QUESTION:
QUSTION #1. "SHALL THE TOWN OF NEWBURY BE ALLOWED TO ASSESS AN ADDITIONAL
$118,654 IN REAL ESTATE AND PERSONAL PROPERTY TAXES FOR THE PURPOSE OF
MAINTAINING THE CURRENT QUALITY OF EDUCATION AND THE CURRENT STAFFING
FOR THE TRITON REGIONAL SCHOOL FOR THE FISCAL YEAR BEGINNING JULY FIRST,
NINETEEN HUNDRED AND NINETY-ONE?"
THE POLLS WILL OPEN AT 12 NOON AND CLOSE AT 8:00PM.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AND ATTESTED
COPY THEREOF IN EACH VOTING PRECINCT, FOURTEEN DAYS AT LEAST BEFORE THE
TIME OF HOLDING SAID ELECTION.
HEREOF, FAIL NOT, AND MAKE DUE RETURN OF THIS WARRANT WITH YOUR DOINGS
THEREON TO THE TOWN CLERK AT THE TIME AND PLACE OF ELECTION AFORESAID.
GIVEN UNDER OUR HANDS THIS 12TH DAY OF JUNE, 1991.
TOWN OF NEWBURY SELECTMEN A TRT COPY ATT
ANGIE MACHIROS I?C C
JOSEPH S . TEVALD MARCIA J. P CE
ALAN I . ADAMS TOWN CLERK '
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: JUNE 12, 1991 CONSTABLE RICHARD N. CUNNINGHAM
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: JUNE 13, 1991 CONSTABLE. RICHARD N. CUNNINGHAM
OVERRIDE ELECTION TOWN OF NEWBURY
JUNE 29, 1991
RESULTS
QUESTION #1. "SHALL THE TOWN OF NEWBURY BE ALLOWED TO
ASSESS AN ADDITIONAL $118, 654 IN REAL ESTATE AND PERSONAL
PROPERTY TAXES FOR THE PURPOSE OF MAINTAINING THE CURRENT
QUALITY OF EDUCATION AND THE CURRENT STAFFING FOR THE
TRITON REGIONAL SCHOOL FOR THE FISCAL YEAR BEGINNING
JULY FIRST, NINETEEN HUNDRED AND NINETY-ONE?"
PRECINCT 1 PRECINCT 2 TOTAL
YES 212 213 425
NO 562 223 785
ARTICLE DEFEATED
A TRUE COPY A/ZT ST:
Ila
MARCIA J. ��EIRCE
TOWN CLERK
TOWN OF NEWBURY
SPECIAL TOWN MEETING
AUGUST 20, 1991
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 IN THE
NEWBURY ELEMENTARY AUDITORIUM ON HANOVER STREET IN SAID TOWN OF
NEWBURY ON TUESDAY, THE 20TH DAY OF AUGUST AT 7 :30 P.M. TO ACT
ON THE FOLLOWING ARTICLE. VIZ ;
ARTICLE 1 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE
THE SUM OF $1 ,276 ,239 AND TO RAISE AN ADDITIONAL SUM IN THE
AMOUNT OF $104,016 FOR THE PURPOSE OF FUNDING THE TRITON REGIONAL
SCHOOL DISTRICTS REQUESTED BUDGET FOR FY 92 IN THE AMOUNT OF
$1 ,380,255 .
FINANCE COMMITTEE DOES NOT RECOMMEND
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING
AN ATTESTED COPY THEREOF IN EACH VOTING PRECINCT, 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 6TH DAY OF AUGUST, 1991 .
SELECTMEN, TOWN OF NEWBURY A TRUE COPY AT�ST?
ANGIE MACHIROS /
JOSEPH S . TEVALD
ALAN I . ADAMS MARCIA J . PEIRCE
V
TOWN CLERK
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 : AUGUST 6 , 1991 CONSTABLE : RICHARD N. CUNNINGHAM
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: AUG. 8, 1991 CONSTABLE RICHARD N. CUNNINGHAM
l
TOWN OF NEWBURY
SPECIAL TOWN MEETING
RESULTS
AUGUST 20, 1991
The meeting was called to order by the moderator, Richard Joy,
who declared a quorum present.
The clerk read the call and return of the constable.
Article 1 was moved and seconded as read to raise and appropriate
the sum of $1, 276, 239 and to raise an additional sum in the amount
of $104, 016 for the purpose of funding the Triton Regional School
District' s requested budget for FY 92 in the amount of $1, 380, 255 .
Questions and discussions . Why are we here again? Must keep voting
until two of the three towns pass a Triton budget. If Rowley or
Newbury doesn' t pass this one a new budget will be submitted and
another vote taken. Why doesn' t the Finance Committee recommend?
Because of state aid and the Levy limit there isn' t the money.
If this is approved, the money will have to come from other budgets
to stay balanced.
John Kriegle stated the new state law which requires Regional
District budgets, If not accepted by the town as of July 1, to be
billed by the Commission Of Education for 1/12 of last year's budget
until December 1 . At that time they can impose a figure of not less
than 1/12 . We can' t set the Tax Rate until the budget is set so
this will require the expense and inconvenience of estimated tax
bills if not settled soon. There is also a school choice law whereby
a parent may send their child to another town and we must pay their
pupil rate. Why can' t we cut the Administration to balance the
budget instead of the programs? We have fewer than almost anyone
around now.
The Selectmen blamed the state for the laws creating this situation.
d�We will just have to balance our budget with that money we have.
We support the school but we just don' t have the money. "
The school committee is telling us what is necessary to run the
schools but we must keep the town sound and the only way is to
level fund.
Counters were Michael Bulgaris and Arthur Croteau.
Counted vote yes 100 no 158 Article Defeated.
272 voters counted in by registrars.
Adjourned at 8 : 15
A True Copy Att t -
Marcia J. P i de
L
TOWN OF NEWBURY
SPECIAL TOWN MEETING
OCTOBER 29, 1991
f
ESSEX; SS
TO: ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY MA
GREETINGS:
IN THE NAME OF THE COMMONWEALTH OF MASSACHUSE'TTS, YOU ARE
HEREBY DIRECTED TO NOTIFY AND WARN THE INHABITANTS OF THE TOWN
OF NEWBURY, QUALIFIED TO VOTE IN TOWN AFFAIRS, TO MEET IN THE
NEWBURY ELEMENTARY AUDITORIUM ON HANOVER STREET IN SAID TOWN OF
NEWBURY ON TUESDAY, THE 29TH DAY OF OCTOBER AT 7 : 30 P.M. TO ACT
ON THE FOLLOWING ARTICLE, VIZ :
ARTICLE 1 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE
THE SUM OF $1, 276, 239 AND TO APPROPRIATE FROM AVAILABLE FUNDS AN
ADDITIONAL SUM OF $10.1, 024 FOR THE PURPOSE OF FUNDING THE TRITON
REGIONAL SCHOOL DISTRICT' S REQUESTED BUDGET IN THE AMOUNT OF
$1, 377 , 263 FOR FY 92 .
FINANCE COMMITTEE DOES NOT RECOMMEND
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING
AN ATTESTED COPY THEREOF IN EACH VOTING PRECINCT, 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 8TH DAY OF OCTOBER, 1991 .
SELECTMEN, TOWN OF NEWBURY A TRUE COPY A T T:
ANGIE MACHIROS 1
ALAN I . ADAMS
JOSEPH S . TEVALD MARCIA J. EIRCE
TOWN CLERK
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: OCT. 10, 1991 RICHARD N. CUNNINGHAM CONSTABLE
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: OCT. 12, 1991 RICHARD N. CUNNINGHAM CONSTABLE
TOWN OF NEWBURY
SPECIAL TOWN MEETING
OCTOBER 29, 1991
RESULTS
THE MEETING WAS CALLED TO ORDER BY THE MODERATOR AT 1 :301M.
A QUORUM WAS DECLARED PRESENT. THE CALL AND RETURN WERE READ
BY THE CLERK.
i
THE ARTICLE WAS MOVED AND SECOND AS PRINTED TO RAISE AND
APPROPRIATE THE SUM OF $1, 276 , 239 AND TO APPROPRIATE FROM
AVAILABLE FUNDS THE SUM OF $101, 024 FOR A TOTAL AMOUNT OF
$1, 377 , 263 FOR THE FY 92 TRITON BUDGET.
ARTICLE PASSED BY VOICE VOTE.
I
WE ARE ALREADY COMMITTED TO THIS BUDGET SINCE BOTH ROWLEY
1
AND SALISBURY PASSED IT BUT THIS VOTE DETERMINED THE SOURCE
OF THE ADDITIONAL AMOUNT. BRUCE IRVING OF THE FINANCE
COMMITTEE STATED THAT NOW WE HAVE A BUDGET, FREE CASH CAN BE
I
CERTIFIED AND USED HOPEFULLY WITHOUT OTHER BUDGETS BEING CUT. {
SHOULD THIS NOT BE ENOUGH, CUTS WILL NOT INCLUDE PERSONEL. JI
1
MEETING ADJOURNED 7 :40PM. 44 VOTERS PRESENT.
A TRUE-COPY ATTEST: i
MARCIA J. PE RC -
i
I
+I
1,
. I
i - -
TOWN OF NEWBURY
SPECIAL TOWN MEETING
NOVEMBER 26, 1991
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
IN THE NEWBURY TOWN HALL AT 25 HIGH ROAD IN SAID TOWN OF
NEWBURY ON TUESDAY, THE 26TH DAY OF NOVEMBER AT 7 : 00 P.M. TO
ACT ON THE FOLLOWING ARTICLE, VIZ ;
ARTICLE 1 . TO SEE IF THE TOWN WILL VOTE TO ACCEPT THE PROVISIONS
OF CHAPTER 291 OF THE ACTS OF 1990, THEREBY ALLOWING THE TOWN
TO RECEIVE ENHANCED 911 SERVICE AS DEFINED IN SAID ACT AND,
IF ACCEPTANCE AND NOTIFICATION TO THE SECRETARY OF THE
COMMONWEALTH OF SAID ACCEPTANCE OCCUR ON OR BEFORE DECEMBER 11,
1991 , THE TOWN WILL ALSO RECEIVE, AT NO COST TO IT, THE
BENEFITS OF ENHANCED 911 NETWORK FEATURES AND NETWORK COMPONENTS,
INCLUDING AT LEAST ONE PUBLIC SAFETY ANSWERING POINT, AND ANY
OTHER ENHANCED 911 NETWORK FEATURES THAT MAY BE MADE AVAILABLE
BY THE STATEWIDE EMERGENCY TELECOMMUNICATIONS BOARD.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN
ATTESTED COPY THEREOF IN EACH VOTING PRECINCT, 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 MENTIONED
AFORESAID.
GIVEN UNDER OUR HANDS THIS 7TH DAY OF NOVEMBER, 1991 .
SELECTMEN, TOWN OF NEWBURY
ANGIE MACHIROS
JOSEPH S . TEVALD
ALAN I . ADAMS
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: NOV. 7 , 1991 CONSTABLE: RICHARD N. CUNNINGHAM
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: NOV. 8, 1991 CONSTABLE: RICHARD N. CUNNINGHAM
TOWN OF NEWBURY
SPECIAL TOWN MEETING
NOVEMBER 26, 1991
RESULTS
THE MEETING WAS CALLED TO ORDER AT 7 : 00 PM BY THE MODERATOR
WHO DECLARED A QUORUM PRESENT.
THE CALL AND RETURN WERE READ BY THE CLERK.
ARTICLE 1 MOVED AND SECONDED TO ACCEPT THE PROVISIONS OF
CHAPTER 291 OF THE ACTS OF 1.990, THEREBY ALLOWING THE TOWN
TO RECEIVE ENHANCED 911 SERVICE.
VOTED PASSED UNANIMOUS.
52 VOTERS CHECKED IN.
ADJOURNED AT 7 : 05 PM.
A TRUE COPY ATTES ' :
aVIA c�
MARCIA J. PEIRC
TOWN CLERK
TOWN OF NEWBURY
ANNUAL TOWN MEETING
APRIL 21, 1992
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 NEWBURY ELEMENTARY SCHOOL ON HANOVER STREET IN
SAID TOWN OF NEWBURY ON TUESDAY, THE 21ST DAY OF APRIL AT
7 : OOP.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ ;
ARTICLE 1 . TO ACT ON THE REPORTS OF THE SELECTMEN, TREASURER,
COLLECTOR, AUDITOR, SCHOOL COMMITTEE, SPECIAL COMMITTEES, AND
ALL OTHER TOWN OFFICERS .
l
ARTICLE 2 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE
THE FOLLOWING AMOUNTS FOR THE OPERATION OF THE TOWN IN FISCAL 1993 .
FINANCE COMMITTEE RECOMMENDS FY93 CHANGE FROM FY92
MODERATOR' S SALARY $ 35
SELECTMEN' S SALARIES 15, 500
SELECTMEN' S EXPENSE 11, 650
SELECTMEN' S SECRETARY 21, 840 $1053
TOWN HALL ADM SERVICE 22, 589
RESERVE FUND 25, 000
ACCOUNTANT;S SALARY 19, 650 936
ACCOUNTANT' S EXPENSE 650
ASSESSOR' S SALARIES 7 , 432 354
ASSESSOR' S EXPENSE 63 , 223
AUDIT TOWN BOOKS 12, 700
TREASURER' S SALARY 16, 100 767
COLLECTOR' S SALARY 16, 100 767
TREASURER-COLLECTOR 34, 374
LEGAL EXPENSE 25 , 000
PERSONNEL BOARD 500
COMPUTER ACCOUNT 3 , 100 -120
TOWN CLERK' S SALARY 25, 393 1209
I` TOWN CLERK' S EXPENSE 6 , 000 1800
REGISTRARS VOTERS SALARIES 550
REGISTRARS VOTERS EXPENSE 5 , 250
CONSERVATION COMM. EXPENSE 8, 099 385
TREE WARDEN SALARY 1, 982 94
TREE WARDEN EXPENSE 8, 553
PLANNING BOARD EXPENSE 2, 835
SUB DIVISION EXPENSE 500 -2500
MASTER PLAN 3 , 500 2500
MERRIMACK VALLEY PLANNING COMM. 1, 533 15
ZONING BOARD OF APPEALS 709
TOWN HALLS MAINT. EXPENSE 40, 000
TOWN REPORTS 2, 500
INSURANCE EXPENSE 142, 000 17 , 000
POLICE DEPARTMENT EXPENSE 546, 145 31, 709 '
FIRE PROTECTION 157 , 300 14 , 676
I FOREST FIRES 2 , 756
FIRE ALARM MAINT. EXPENSE 2 , 000
HYDRANT SERVICE 10, 263
AMBULANCE SERVICE 43 , 000
BUILDING INSPECTOR EXPENSE 39, 777 1197
SEALER OF WEIGHTS & MEASURES 1, 000
CIVIL DEFENSE 1, 000
ACO SALARY 10, 304 491
SCHOOL COMM. SALARIES 800
VOCATIONAL TRANSPORTATION 6, 700
HIGHWAY LABOR 99, 799 4753
HIGHWAY SUPT. SALARY 33 , 815 1610
SNOW REMOVAL 60, 000
STREET LIGHTING 38, 000
HIGHWAY MAINTENANCE 70, 000
TRUCK MAINTENANCE 30, 000
GARAGE MAINTENANCE 15, 000
CEMETERIES EXPENSE 3 , 000
COUNCIL ON AGING EXPENSE 33 , 500 1035
VETERANS SERVICES 12, 500
NEWBURY TOWN LIBRARY 103 , 440 6321
LIFEGUARD EXPENSE 33 , 638 1602
PARKS EXPENSE 20, 613
HISTORIC COMMISSION 650
HISTORIC RECORDS PRESERVATION 3 , 500
i MEMORIAL DAY 500
NOTES ON BONDS 0
INTEREST ON BONDS 0
INTEREST 6 , 500
HEALTH INSURANCE 259, 600 23600
EMPLOYEE LIFE INSURANCE 750
FICA MEDICARE 16, 000 6000
CONSERVATION FUND 750
ELEMENTARY SCHOOLS 2, 143 , 071 68, 730
TRITON ASSESSMENT 1, 412, 241 34 , 978
WHITTIER ASSESSMENT 107 , 239 39 , 156
ARTICLE 2 . TOTAL $ 5 , 876, 698 $254 , 358
ARTICLE 3 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM
OF $222, 500 TO THE BOARD OF HEALTH ACCOUNT FOR THE ENSUING YEAR.
$130, 000 OF WHICH IS TO BE TAKEN FROM REVENUE SHARING AND THE
BALANCE OF $92, 500 TO BE RAISED BY TAX LEVY.
FINANCE COMMITTEE RECOMMENDS
I
ARTICLE 4 . TO SEE OF THE TOWN WILL VOTE TO APPROPRIATE THE
SUM OF $16Z, 276 AS THE TOWNS SHARE OF SUPPORTING THE ESSEX COUNTY
RETIREMENT SYSTEM FOR THE FISCAL YEAR 1993 . $142 , 000 OF WHICH
IS TO BE TAKEN FROM AVAILABLE FUNDS AND THE BALANCE OF $20, 276
TO BE RAISED BY TAX LEVY.
FINANCE COMMITTEE RECOMMENDS
i
ARTICLE 5 . TO SEE IF THE TOWN WILL RAISE AND APPROPRIATE, OR
TRANSFER FROM AVAILABLE FUNDS, THE SUM OF $8, 000 TO BE USED BY
THE BOARD OF FIRE ENGINEERS TO PURCHASE FIREFIGHTER TURNOUT GEAR,
APPROVED FOR HAZARDOUS MATERIAL, FOR PROTECTION FIRE CO. #2, OR
TAKE ANY OTHER ACTION RELATIVE THERETO.
FINANCE COMMITTEE RECOMMENDS {
ARTICLE 6 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE
THE SUM OF $15, 000 TO BE USED FOR THE PURCHASE OF A NEW POLICE
CRUISER, OR TAKE ANY OTHER ACTION RELATIVE THERETO.
FINANCE COMMITTEE RECOMMENDS
I
ARTICLE 7 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE
THE SUM OF $3021 FOR USE BY THE ESSEX COUNTY MOSQUITO CONTROL
PROJECT TO BE USED TO MAINTAIN ITS PROGRAM OF TRAPPING THE ADULT
GREENHEAD FLIES DURING THE SUMMER OF 1992 .
FINANCE COMMITTEE RECOMMENDS
ARTICLE 8 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE BY TRANS-
FER FROM FY93 AVAILABLE FUNDS A SUM NOT TO EXCEED $12, 150, to
PROVIDE ADDITIONAL FUNDS TO THE NEWBURY ELEMENTARY SCHOOL 1993
BUDGET. AVAILABILITY OF FUNDS AND TRANSFER TO BE SUBJECT TO AP-
PROVAL OF THE SELECTMEN AND THE FINANCE COMMITTEE.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 9 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE, BY TRANS-
FER FROM AVAILABLE FUNDS, A SUM NOT TO EXCEED $10, 000 TO PROVIDE
ADDITIONAL FUNDING FOR THE PARKS EXPENSE BUDGET FOR THE PURPOSE OF
PROVIDING A YOUTH' S SUMMER RECREATIONAL PROGRAM FOR NEWBURY, BYFIELD
AND PLUM ISLAND. AVAILABILITY OF FUNDS AND TRANSFER TO BE SUBJECT
TO APPROVAL OF THE SELECTMEN.
FINANCE COMMITTEE RECOMMENDS
i
ARTICLE 10 . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE EXPENDITURE
OF SUMS NOT TO EXCEED 100% OF FY92 RECEIPTS BY THE FOLLOWING OFF-
SET ACCOUNTS DURING FY93
WIRE INSPECTOR' S EXPENSE
GAS INSPECTOR' S EXPENSE
BOARD OF HEALTH AGENT' S EXPENSE
FIRE PROTECTION INSPECTOR' S EXPENSE
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PLUMBING INSPECTOR' S EXPENSE
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PARKING CLERK' S EXPENSE
CLAM FLATS EXPENSE
LIBRARY PUBLIC PHOTOCOPIER EXPENSE
ARTICLE 11 . TO SEE IF THE TOWN WILL VOTE TO ACCEPT THE PRO-
VISIONS OF CHAPTER 40, SECTION 8G MGL. THIS SECTION ALLOWS THE
TOWN TO ESTABLISH MUTUAL AID AGREEMENTS WITH POLICE DEPARTMENTS
IN OTHER CITIES AND TOWNS TO INCREASE THE CAPABILITY OF SUCH
DEPARTMENTS TO PROTECT THE LIVES, SAFETY AND PROPERTY OF PEOPLE
WITHIN THE AREA DESIGNATED.
ARTICLE 12 . TO SEE IF THE TOWN WILL VOTE TO TRANSFER THE UN-
EXPENDED SUM OF $2038 FROM THE PLANNING BOARD CONSULTANTS ACCOUNT
TO THE RESERVE FUND.
ARTICLE 13 . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE
BOARD OF SELECTMEN TO ENTER INTO A CONTRACT WITH THE DEPARTMENT
OF PUBLIC WORKS AND THE COUNTY COMMISSIONERS FOR THE CONSTRUCTION
AND MAINTENANCE OF PUBLIC HIGHWAYS FOR THE ENSUING YEAR.
ARTICLE 14 . TO SEE IF THE TOWN WILL VOTE TO ASSUME LIABILITY
IN THE MANNER PROVIDED BY SECTION 29 , OF THE GENERAL LAWS . AS
MOST RECENTLY AMENDED BY CHAPTER 5, ACTS OF 1955, FOR ALL DAMAGES
THAT MAY BE INCURRED BY WORK TO BE PERFORMED BY THE DEPARTMENT
OF PUBLIC WORKS OF MASSACHUSETTS FOR THE IMPROVEMENT, DEVELOPMENT
MAINTENANCE, AND PROTECTION WITHIN THE TOWN OF NEWBURY, OF TIDAL
AND NON-TIDAL RIVERS AND STREAMS, HARBORS, TIDEWATERS, FORESHORES
AND SHORES ALONG A PUBLIC BEACH, INCLUDING THE MERRIMAC RIVER.
IN ACCORDANCE WITH SECTION 11 OF CHAPTER 91 OF THE GENERAL LAWS,
AND AUTHORIZE THE SELECTMEN TO EXECUTE AND DELIVER A BOND OF IN-
DEMNITY THEREFORE TO THE COMMONWEALTH.
I
ARTICLE 15 . TO SEE IF THE TOWN WILL VOTE TO AMEND ITS PERSONNIEL
BY-LAW AS IT PERTAINS TO THE FOLLOWING SECTIONS .
Section I A new section 1 . 2
1 . 2 The contents of this By-law may be supplemented,
as necessary, by a "Comprehensive Personnel
Policy" to establish standards for interaction
between Town employees and Town management, but
which shall not be considered a legal instrument.
Section II 2 . 1H amended to read
2 . 1H A full time employee is one who is employed to
work on a regularly scheduled basis for not less
than thirty (30) hours per week nor less than
fifty-two (52) weeks per year.
2 . 11 Subsections A & B
2 . II Employees - less than full time
A. Permanent Part-Time Employees- A permanent
part time employee is one who is employed to work
on a regularly scheduled basis for not less than
twenty (20) hours per week nor less than fifty-two
(52) weeks per year.
B. Part-time employee-A part-time employee is
defined as one who maintains irregular service
to the Town on an occasional or on an as-needed
basis .
Section VI A new section 6 . 4
6 . 4 Periodic Step Increases
Each employee for whose position a wage schedule
has been established shall qualify for a step
increase to the next higher rate within his wage
schedule upon th completion of fifty-two (52) work-
weeks of creditable service as defined in para-
graph 6 . 5 next below, provided, however, that his
work performance for said period of fifty-two (52)
weeks has been satisfactory. Said step increase
shall be subject to section 7 . 1B and 7 . 1C.
6 . 5 A new subsection D
Creditable service for Step Increases and Length
�I
of Service Payments
D Length of service payments shall be made to
full time employees as defined by Sec. 2 . 1
sub section H for continuous years of service
as a paid employee of the Town as follows :
Upon completion of five (5) years
but less than ten (10) years---$250
Upon completion of ten (10) years
but less than fifteen (15) years--$500
Upon completion of fifteen (15) years
and for duration of full time---$750
E
Length of service payments shall be made to
a permanent part time employee as defined by
section 2 . 1, sub sec. I, part A at one half
the full time rate. Part time employees as
defined under Sec. 2 . 1, sub sec. I, part B,
` do not qualify.
Elected officials are subject to Sec. 6 . 9
and do not qualify.
6 . 6 Effective date of step increases
Step increases shall be made effective at the
beginning of the next pay period following the
completion of the required waiting period. Lon-
gevity payments to qualified employees shall be
made on December lst each year only.
6 . 7 New employees
Except as is otherwise provided herein, a new
employee of the Town shall be paid at the minimum
rate of the wage schedule for the position in
which he is employed. Upon the recommendation of
a Department Head, supported by evidence in writing
i` of special reasons and exceptional circumstances
satisfactory to the Board, the Board may authorize
for a new employee an entrance rate higher than
I minimum for that position. Any new employee, re-
gardless of entrance rate granted, shall be sub-
ject to the six (6) month probationary period.
i
Section VII 7 . 3 Amended I
7 . 3 Probationary Employment Period
The purpose of the probationary period is to pro-
vide both the employee and employer with an op-
portunity to determine whether the employee is
able to carry out the duties and responsibilities
of his/her position. Any employee hired to a
permanent position shall be required to success-
fully complete a six (6) month probationary period.
During this period an employee may be dismissed
without recourse by his Department Head if he or
she is not capable of performing satisfactorily
the full job content.
Section XII 12 . 1 Amended
Sick Leave
12 . 1 Sick Leave is considered to be an emergency fringe
benefit to be used only as needed and will be
granted in accordance with the provisions of this
section to each employee when the employee:
A. . Is incapacitated for the performance of his
duties by non-occupational sickness or injury,
except any sickness or injury resulting in whole
or in part from the voluntary use of intoxicating
liquor, drugs or narcotics, and any injury which
is incurred in gainful employment or self-employ-
ment other than as an employee of the Town.
B. Is required to give care and attendance to
his spouse, child, parent, or other member of his
immediate family or household who is afflicted
with a contagious disease.
C. Would jeopardize the health of others by his
presence on duty because of exposure to a contagious
disease.
D. Has notified his/her immediate supervisor
or Department Head at least one (1) hour before
the start of the regular work day, unless
physically unable.
a. Failure to do so will result in the for-
feiture of pay.
b. The `town reserves the right to request a
doctors statement for any time missed due
to illness .
c. Illness for which sick leave may be granted
is defined as actual personal illness or
bodily injury.
ARTICLE 16 . TO SEE IF THE TOWN WILL VOTE TO AMEND THE BEACH-
BY LAW, ARTICLE X SECTION 5, BY SUBSTITUTING A
NEW SECTION 5, AS FOLLOWS :
SECTION 5 (AMENDED)
' No person, being the owner or keeper of a dog,
shall allow said dog to be on any part of the
public beach, between May 15 and September 15
of each year, from 8 : 30 a.m. to 5 : 30 p.m. daily,
all dates inclusive.
The owner or keeper of any dog found on the
public beach, in violation of the above By-Law,
I may be charged a pickup fee.
All pickup fees and other charges must be paid
before the dog is released.
Fees for violation of the By-Law shall be:
lst offense $25 . 00 1
2nd offense 35 . 00
3rd & subsequent offense 50 . 00
(all within one season)
I
By request of Richard N. Cunningham and over ten others.
ARTICLE 17 . TO SEE IF THE TOWN WILL VOTE AUTHORIZE AUTHORIZE THE
CONTINUANCE OF THE "DOG FUND" AS A REVOLVING,ACCOUNT.
FUNDING SHALL BE FROM LICENSE FEES, LATE FINES, OR ANY
OTHER DESIGNATED SOURCES AND WILL BE SUBJECT TO ALL PRO-
VISIONS OF SEC. 53E i OF CHAPTER 44 MGL. THE ANIMAL
CONTROL OFFICER WITH THE APPROVAL OR THE SELECTMEN IS
AUTHORIZED TO SPEND $2000 DURING THE NEXT FISCAL YEAR FOR
ANIMAL CONTROL EXPENSES .
FINANCE COMMITTEE RECOMMENDS
ARTICLE 18 . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CON-
TINUANCE OF THE "MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE
FUND" AS ESTABLISHED BY CLAUSE 72, SEC. 5, CHAPTER 40 MGL AS A
REVOLVING FUND ACCOUNT.
FUNDING IN ADDITION TO THAT REQUIRED BY CLAUSE (i) SEC. 2,
CHAPTER 60B MGL SHALL BE BY SUMS RECEIVED FROM WATERWAYS FEES,
PERMITS, FINES OR ANY OTHER DESIGNATED SOURCES SUBJECT TO ALL
PROVISIONS OF SEC. 53E i OF CHAPTER 44MGL. THE HARBORMASTER WITH
THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND $13 , 788
DURING THE NEXT FISCAL YEAR. 1
FINANCE COMMITTEE RECOMMENDS
ARTICLE 19 . TO SEE IF THE TOWN WILL VOTE TO ESTABLISH THE "NES
ATHLETIC FUND" AS A REVOLVING FUND ACCOUNT. FUNDING SHALL BE
FROM BUT NOT LIMITED TO ATHLETIC FEES AND GIFTS.
ARTICLE 20 . TO SEE IF THE TOWN WILL VOTE TO ACCEPT AN EEO GRANT
FOR FY 1993 IN THE AMOUNT OF $389, 650 MADE AVAILABLE TO TRITON
REGIONAL SCHOOL DISTRICT UNDER THE PROVISIONS OF SECTION 4, CHAP-
TER 70A, PROVIDED THAT SAID ACCEPTANCE DOES NOT REQUIRE THE TOWN
TO
INCREASE ITS TOTAL EDUCATIONAL BUDGET FOR FY 1993 , OR TAKE ANY
OTHER ACTION RELATIVE THERETO.
FINANCE COMMITTEE RECOMMENDS
I
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ARTICLE 21 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE
AS REQUIRED BY SECTION 4 , OF CHAPTER 112, OF THE ACTS OF 1931 THE
SUM OF ($1 . 00) ONE DOLLAR FOR THE NECESSARY MAINTENANCE DURING THE
ENSUING YEAR OF THE MOSQUITO CONTROL WORKS CONSTRUCTED IN THE TOWN.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 22 . TO MEET ON SATURDAY, APRIL 25, 1992, IN OUR RESPECTIVE
VOTING PRECINCTS FOR THE ELECTION OF TOWN OFFICERS TO FILL THE
FOLLOWING POSITIONS, VIZ ; SELECTMAN, ASSESSOR, LIBRARY TRUSTEE,
'I SCHOOL COMMITTEE MEMBER, FISH COMMISSIONER AND FOUR CONSTABLES ALL
I FOR A TERM OF THREE YEARS, TREE WARDEN FOR ONE YEAR, AND A PLANNING
BOARD MEMBER FOR FIVE YEARS.
THE POLLS WILL BE OPEN AT 12 NOON AND CLOSE AT 8 : 00 PM.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN
ATTESTED COPY THEREOF IN EACH VOTING PRECINCT, SEVEN DAYS AT LEAST
i 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 2nd DAY OF APRIL, 1992 .
SELECTMEN, TOWN OF NEWBURY A TRUE COPY lATT T:
I
ANGIE MACHIROS f�
JOSEPH S . TEVALD
ALAN I . ADAMS MARCIA J. IRCE
TOWN CLERK
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: APRIL 6, 1992
CONSTABLE
RICHARD N. CUNNINGHAM
PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED, I HAVE NOTIFIED AND
WARNED THE INHABITANTS OF THE TOWN OF NEWBURY, QUALIFIED TO VOTE
IN THE TOWN AFFAIRS, TO MEET AT THE TIME AND PLACE MENTIONED FOR
THE PURPOSE HEREIN NAMED.
DATE: APRIL 6 , 1992 j
CONSTABLE
RICHARD N. CUNNINGHAM
II
I
ANNUAL TOWN MEETING
f
TOWN OF NEWBURY
APRIL 21, 1992
RESULTS
THE MEETING WAS CALLED TO ORDER AT 7 : 10 PM BY THE MODERATOR, RICHARD
JOY. A QUORUM WAS PRESENT.
THE CALL AND RETURN WERE READ BY THE CLERK
A MOMENT OF SILENCE WAS OBSERVED IN MEMORY OF THOSE TOWN OFFICIALS
WHO HAD DIED DURING THE PAST YEAR.
IT WAS ANNOUNCED THAT THE ANNUAL TOWN HAM AND BEAN SUPPER WOULD BE
HELD ON JUNE 7TH ON THE GREEN. PROCEEDS GO TOWARDS THE HISTORIC
RECORDS PRESERVATION.
JAMES CASHMAN AND GENE CASE WERE APPOINTED COUNTERS.
ARTICLE 1 . MOVED AND SECONDED AND VOTED TO ACCEPT ALL REPORTS.
ARTICLE 2 . AN OVERVIEW OF THE BUDGET SHOWING WHERE 'TOWN MONIES COME
FROM AND WHERE THEY GO WAS CLEARLY PRESENTED BY BOB WOOLF OF THE
FINANCE COMMITTEE. THE ARTICLE WAS READ WITH HOLDS ON SALARIES,
MASTER PLAN AND HEALTH INSURANCE. AFTER THE QUESTIONS WERE ANSWERED
THE ARTICLE WAS MOVED, SECONDED AND VOTED PASSED AS PRINTED IN THE
WARRANT.
ARTICLE 2 . TOTAL $ 5, 876 . 698
ARTICLE 3 . MOVED, SECONDED AND VOTED $222, 500 TO THE BOARD OF HEALTH
ACCOUNT.
ARTICLE 4 . MOVED, SECONDED AND VOTED $162, 276 FOR ESSEX COUNTY RE-
TIREMENT.
ARTICLE 5 . MOVED SECONDED AND VOTED 8000 FOR THE BOARD OF ENGINEERS .
ARTICLE 6 . MOVED, SECONDED AND VOTED $15, 000 FOR A NEW POLICE CRUISER.
ARTICLE 7 . MOVED, SECONDED AND VOTED $3 , 021 FOR ESSEX COUNTY MOSQUITO
CONTROL.
j ARTICLE 8 . MOVED, SECONDED AND VOTED $12, 150 TO THE NES BUDGET AVAIL-
ABILITY AND TRANSFER SUBJECT TO APPROVAL.
ARTICLE 9 . MOVED, SECONDED AND VOTED $10, 000 FOR A YOUTHS SUMMER RE-
CREATION PROGRAM. AVAILABILITY AND TRANSFER SUBJECT TO APPROVAL.
f ARTICLE 10 . MOVED, SECONDED AND VOTED ALL OFF SET ACCOUNTS
ARTICLE 11 . MOVED, SECONDED AND VOTED TO ACCEPT THE PROVISIONS OF I
CHAPTER 40, SECTION 8G MGL FOR MUTUAL AID AGREEMENTS WITH POLICE
i
DEPARTMENTS .
N S . �
I
ARTICLE 12 . MOVED, SECONDED AND VOTED TO TRANSFER $2038 FROM THE
fPLANNING BOARD CONSULTANTS ACCOUNT TO THE RESERVE FUND. I,
i
ARTICLE 13 . MOVED, SECONDED AND VOTED PASSED.
ARTICLE 14 . MOVED, SECONDED AND VOTED PASSED.
ARTICLE 15 . MOVED AND SECONDED TO ACCEPT THE FOLLOWING AMENDMENTS
TO THE PERSONNEL BYLAWS. QUESTIONS WERE ANSWERED ON STEP INCREASES
AND LENGTH OF SERVICE PAYMENTS . ARTICLE PASSED YES 100 NO 4 . SEE
WARRANT FOR TEXT.
I ARTICLE 16 . MOVED, SECONDED AND VOTED BY UNANIMOUS VOTE TO ACCEPT THE
AMENDED BEACH BY-LAW, ARTICLE X, SECTION 5 AS FOLLOWS .
SECTION 5 (AMENDED)
No person, being the owner or keeper of a dog,
shall allow said dog to be on any part of the
public beach, between May 15 and September 15
of each year, from 8 : 30 a.m. to 5 : 30 p.m. daily,
all dates inclusive.
I
PAGE 2 . APRIL 21, 1992 RESULTS
The owner or keeper of any dog found on the
! public beach, in violation of the above By-Law,
may be charged a pickup fee.
All pickup fees and other charges must be paid
f before the dog is released.
i
Fees for violation of the By-Law shall be:
lst offense $25 . 00
2nd offense $35 . 00
3rd & subsequent offense $50 . 00
(all within one season)
ARTICLE 17 . MOVED, SECONDED AND VOTED TO CONTINUE THE DOG FUND
REVOLVING FUND.
ARTICLE 18 . MOVED, SECONDED AND VOTED TO CONTINUE THE MUNICIPAL
WATERWAYS REVOLVING FUND.
ARTICLE 19 . MOVED, SECONDED AND VOTED TO ESTABLISH THE NES ATHLETIC
FUND AS A REVOLVING FUND.
ARTICLE 20 . MOVED, SECONDED AND VOTED TO ACCEPT THE EEO GRANT FOR
TRITON.
ARTICLE 21. MOVED, SECONDED AND VOTED MOSQUITO CONTROL.
ARTICLE 22 . MOVED TO MEET ON APRIL 25, 1992 TO VOTE FOR TOWN OFFICIALS.
MEETING ADJOURNED AT 8 : 10 PM
I 111 VOTERS WERE CHECKED IN BY THE REGISTRARS.
I A TRUE CO'P4 ATTEST:
��1Gca tit e�
MARCIA J. PEIRCE, JWN CLERK
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I
TOWN OF NEWBURY
SPECIAL TOWN MEETING
DUNE 23 , 1992
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 IN THE NEWBURY TOWN HALL AT 25 HIGH ROAD IN
SAID TOWN OF NEWBURY ON TUESDAY, THE 23RD DAY OF JUNE 1992 AT 7 : 30 PM TO ACT
ON THE FOLLOWING ARTICLES, VIZ ;
ARTICLE 1 . TO SEE IF THE TOWN WILL VOTE TO HOLD OVER ANY UNEXPENDED BALANCES
IN THE FOLLOWING ACCOUNTS OF FY 92 FOR USE IN THESE ACCOUNTS UNTIL SPENT OR
TRANSFERRED.
RESERVE FUND
HIGHWAY BRIDGES & SrIDEWALKS
HIGHWAY MAINTENANCE
BOARD OF HEALTH
ARTICLE 2 . TO SEE IF THE TOWN WILL VOTE TO TRANSFER TO THE RESERVE FUND ANY
UNEXPENDED BALANCES IN THE FOLLOWING FY 92 ACCOUNTS :
ASSESSOR' S EXPENSE
LEGAL EXPENSE
TOWN CLERK' S EXPENSE
i TOWN HALL MAINTENANCE
POLICE EXPENSE
FIRE PROTECTION
HIGHWAY LABOR I
HIGHWAY SUPERINTENDENT' s SALARY
SNOW REMOVAL
PARKS EXPENSE
ARTICLE 3 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE $118, 868 FROM CHAPTER
90 AVAILABLE FUNDS FOR ROAD REPAIRS PURSUANT TO CHAPTER 33 OF THE ACTS OF 1991 .
ARTICLE 4 . TO SEE IF THE TOWN EILL VOTE TO TRANSFER $80 , 000 FROM THE OVERLAY
SURPLUS ACCOUNT TO THE RESERVE FUND.
ARTICLE 5 . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE SELECTMEN TO ACCEPT
FROM TIME TO TIME SUCH GIFTS OF PERSONAL PROPERTY, BEQUESTS, GRANTS, EASEMENTS,
MATERIALS OR EQUIPMENT, LAND OR OTHER MONIES FROM STATE, FEDERAL OR PRIVATE
SOURCES AS MAY BE OFFERED IN THE BEST INTEREST OF THE TOWN.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED COPY I
THEREOF IN EACH VOTING PRECINCT, FOURTEEN DAYS AT LEAST BEFORE THE TIME OF
HOLDING SAID MEETING.
HEREOF, FAIL NOT, AND .MAKE DUE RETURN OF THIS WARRANT WITH YOUR DOINGS THEREON III
TO THE TOWN CLERK AT THE TIME AND PLACE OF MEETING AFORESAID.
GIVEN UNDER OUR HANDS THIS 9TH DAY OF JUNE, 1992 .
SELECTMEN, TOWN OF NEWBURY
ANGIE MACHIROS
JOSEPH S . TEVALD
ALAN I . ADAMS
PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED, I HEREBY NOTIFY AND WARN THE
INHABITANTS OF THE TOWN OF NEWBURY, QUALLFIED TO VOTE IN TOWN AFFAIRS, TO MEET
AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED.
I
DATE 6-9-1992 CONSTABLE RICHARD N. CUNNINGHAM
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 6-9-1992 CONSTABLE RICHARD N. CUNNINGHAM
�141(
TOWN OF NEWBURY
SPECIAL TOWN MEETING
JUNE 23 , 1992
RESULTS
THE MEETING WAS CALLED TO ORDER AT 7 : 45 PM BY MODERATOR,
RICHARD JOY AFTER A QUORUM WAS FOUND.
THE CALL AND RETURN WERE READ BY THE TOWN CLERK.
ARTICLE 1 . MOVED, SECONDED AND VOTED TO HOLD OVER ANY
UNEXPENDED BALANCES IN THE FOLLOWING ACCOUNTS OF FY 92 FOR
USE IN THESE ACCOUNTS UNTIL SPENT OR TRANSFERRED.
RESERVE FUND
HIGHWAY BRIDGES & SIDEWALKS
HIGHWAY MAINTENANCE
BOARD OF HEALTH
ARTICLE 2 . MOVED, SECONDED AND VOTED TO TRANSFER TO THE
RESERVE FUND ANY UNEXPENDED BALANCES IN THE FOLLOWING FY 92
ACCOUNTS :
ASSESSOR' S EXPENSE
LEGAL EXPENSE
TOWN CLERK' S EXPENSE
TOWN HALL MAINTENANCE
POLICE EXPENSE
FIRE PROTECTION i
HIGHWAY LABOR
HIGHWAY SUPERINTENDENT' S SALARY
SNOW REMOVAL
PARKS EXPENSE
ARTICLE 3 . MOVED, SECONDED AND VOTED TO APPROPRIATE $118, 868
FROM CHAPTER 90 AVAILABLE FUNDS FOR ROAD REPAIRS PURSUANT TO
CHAPTER 33 OF THE ACTS OF 1991 .
ARTICLE 4 . MOVED, SECONDED AND VOTED TO TRANSFER $80, 000 FROM
THE OVERLAY SURPLUS ACCOUNT TO THE RESERVE FUND.
ARTICLE 5 . MOVED, SECONDED AND VOTED TO AUTHORIZE THE SELECT-
MEN TO ACCEPT FROM TIME TO TIME SUCH GIFTS OF PERSONAL PROPERTY,
BEQUESTS, GRANTS, EASEMENTS, MATERIALS OR EQUIPMENT, LAND OR OTHER
MONIES FROM STATE, FEDERAL OR PRIVATE SOURCES AS MAY BE OFFERED
IN THE BEST INTEREST OF THE TOWN.
HAPPY BIRTHDAY WAS SUNG FOR SELECTMEN ANGIE MACHIROS AND ALAN
ADAMS WHO WERE CELEBRATING THEIR BIRTHDAY THIS WEEK. MEETING I
ADJOURNED AT 8 : 50 . j
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TOWN OF NEWBURY
ANNUAL TOWN MEETING
APRIL 20 , 1993
ESSEX
TO: ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY, MASSACHUSETTS
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GREETINGS :
IN THE NAME OF THE COMMONWEALTH OF MASSACHUSETTS, YOU ARE HEREBY
DIRECTED TO NOTIFY AND WARN THE INHABITANTS OF THE TOWN OF NEWBURY, QUAL-
IFIED TO VOTE IN TOWN AFFAIRS, TO MEET AT THE NEWBURY ELEMENTARY SCHOOL
ON HANOVER STREET IN SAID TOWN OF NEWBURY ON TUESDAY, THE 20TH DAY OF
APRIL AT 7 : 00 P. M. TO ACT ON THE FOLLOWING ARTICLES, VIZ ;
ARTICLE 1 . TO ACT ON THE REPORTS OF THE SELECTMEN, TREASURER, COLLECTOR,
AUDITOR, SCHOOL COMMITTEE, SPECIAL COMMITTEES, AND ALL OTHER TOWN OFFICERS.
ARTICLE 2 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
FOLLOWING AMOUNTS FOR THE OPERATION OF THE TOWN IN FISCAL 1994 .
FINANCE COMMITTEE RECOMMENDS FY 94 CHANGE FROM FY93
MODERATOR' S SALARY $ 35
SELECTMEN ' S SALARIES 15, 500
SELECTMEN' S EXPENSE 11, 650
SELECTMEN' S SECRETARY 21, 840
TOWN HALL ADM SERVICE 22, 589
RESERVE FUND 25, 000
ACCOUNTANT' S SALARY 21, 840 2 , 190
ACCOUNTANT' S EXPENSE 650
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ASSESSOR' S SALARIES 7 , 432
ASSESSOR' S EXPENSE 69 , 420 6, 197
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AUDIT TOWN BOOKS 12, 700
TREASURER' S SALARY 16, 100
{ COLLECTOR' S SALARY 16 , 100
TREASURER-COLLECTOR EXPENSE 34, 374
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LEGAL EXPENSE 25, 000
PERSONNEL BOARD 500
COMPUTER ACCOUNT 2 , 500 -600
TOWN CLERK' S SALARY 25, 393
TOWN CLERK' S EXPENSE 6, 700
ELECTION EXPENSE 2, 000 -4000
REGISTRARS VOTERS SALARIES 550
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REGISTRARS VOTERS EXPENSE 5, 250
CONSERVATION COMM. EXPENSE 8, 099
TREE WARDEN SALARY 1, 982
TREE WARDEN EXPENSE 8, 553
PLANNING BOARD EXPENSE 2, 835
SUB DIVISION EXPENSE 500
MASTER PLAN 3 , 500
4/20/93
MERRIMACK VALLEY PLANNING COMM. 1, 569 36
ZONING BOARD OF APPEALS 709
TOWN HALLS MAINT. EXPENSE 40, 000
TOWN REPORTS 2, 500
INSURANCE EXPENSE 142, 000
POLICE DEPARTMENT EXPENSE 546, 145
FIRE PROTECTION 201, 400 44 , 100
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FOREST FIRES 2, 756
FIRE ALARM MAINT. EXPENSE 2, 000
HYDRANT SERVICE 10, 263
AMBULANCE SERVICE 43 , 000
BUILDING INSPECTOR EXPENSE 39, 777
SEALER OF WEIGHTS & MEASURES 1, 000
CIVIL DEFENSE 1, 000
ACO SALARY 10, 304
SCHOOL COMM. SALARIES 800
VOCATIONAL TRANSPORTATION 6, 700
HIGHWAY LABOR 99 , 799
HIGHWAY SUPT. SALARY 33 , 815
SNOW REMOVAL 60, 000
STREET LIGHTING 38, 000
HIGHWAY MAINTENANCE 70, 000
TRUCK MAINTENANCE 30, 000
GARAGE MAINTENANCE 15, 000
CEMETERIES EXPENSE 3 , 000
COUNCIL ON AGING EXPENSE 33 , 500
j VETERANS SERVICES 12, 500
NEWBURY TOWN LIBRARY 103 , 440
LIFEGUARD EXPENSE 33 , 638
PARKS EXPENSE 30, 613 10, 000
HISTORIC COMMISSION 650
I HISTORIC RECORDS PRESERVATION 3 , 500
MEMORIAL DAY 500
NOTES ON BONDS 0
INTEREST ON BONDS 0
INTEREST 6, 500
HEALTH INSURANCE 280, 368 20 , 768
EMPLOYEE LIFE INSURANCE 750
FICA MEDICARE 32 , 000 16, 000
CONSERVATION FUND 750
TRITON ASSESSMENT 1, 406 , 939 -5, 302
WHITTIER ASSESSMENT 97 , 871 -9, 368
ARTICLE 2 . TOTAL $3 , 813 , 648 $ 80, 021
ARTICLE 3 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
SUM OF $2, 404 , 541 FOR OPERATION OF THE NEWBURY ELEMENTARY SCHOOL FOR
THE ENSUING YEAR.
FINANCE COMMITTEE DOES NOT RECOMMEND
4/20/93
ARTICLE 4 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF
$250, 915 TO THE BOARD OF HEALTH ACCOUNT FOR THE ENSUING YEAR. $20, 000
OF WHICH IS TO BE TAKEN FROM REVENUE SHARING AND THE BALANCE OF $230, 915
TO BE RAISED BY TAX LEVY.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 5 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF
$172, 987 AS THE TOWNS SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT
SYSTEM FOR THE FISCAL YEAR 1994 . $150, 000 OF WHICH IS TO BE TAKEN FROM
AVAILABLE FUNDS AND THE BALANCE OF $22, 978 TO BE RAISED BY TAX LEVY.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 6 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE OR
TRANSFER AND APPROPRIATE THE SUM OF $16, 000 TO BE USED FOR THE PURCHASE
OF A NEW POLICE CRUISER, OR TAKE ANY OTHER ACTION RELATIVE THERETO.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 7 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
SUM OF $3 , 000 TO BE USED FOR THE PAINTING OF THE LOWER GREEN SCHOOLHOUSE.
REQUESTED BY THE HISTORIC COMMISSION.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 8 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
SUM OF $3021 FOR USE BY THE ESSEX COUNTY MOSQUITO CONTROL PROJECT TO
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BE USED TO MAINTAIN ITS PROGRAM OF TRAPPING THE ADULT GREENHEAD FLIES
DURING THE SUMMER OF 1993 .
FINANCE COMMITTEE RECOMMENDS
III ARTICLE 9 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AS
REQUIRED BY SECTION 4 , OF CHAPTER 112 , OF THE ACTS OF 1931 THE SUM OF
($1 . 00) ONE DOLLAR FOR THE NECESSARY MAINTENANCE DURING THE ENSUING YEAR
OF THE MOSQUITO CONTROL WORKS CONSTRUCTED IN THE TOWN.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 10 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM INDICATED
FOR EACH OF THE FOLLOWING EIGHT OFFSET ACCOUNTS FOR FY94 . EACH SUM TO BE
TAKEN FROM THE RESPECTIVE ACCOUNT' S FY93 RECEIPTS .
WIRE INSPECTOR' S EXPENSE $5, 500
GAS INSPECTOR' S EXPENSE $3 , 000
BOARD OF HEALTH AGENT' S $4 , 000
FIRE PROTECTION INSPECTOR' S EXPENSE $2 , 300
PLUMBING INSPECTOR' S EXPENSE $3 , 500
PARKING CLERK EXPENSE $2, 900
CLAM FLATS EXPENSE $6 , 800
LIBRARY PUBLIC PHOTOCOPIER EXPENSE $ 690
ARTICLE 11, TO SEE IF THE TOWN WILL VOTE TO TRANSFER AN AMOUNT NOT TO
EXCEED $80, 000 FROM THE STABILIZATION FUND TO THE FY93 SNOW REMOVAL
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ACCOUNT AND TO RETURN TO THE STABILIZATION FUND ALL FEDERAL AND STATE
REIMBURSMENTS FOR SNOW REMOVAL AND STORM RELATED DAMAGE.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 12 . TO SEE IF THE TOWN WILL VOTE TO ACCEPT THE WAY, AS SHOWN ON
DEFINITIVE PLANS ON FILE WITH THE TOWN, KNOWN AS GREAT MEADOW ROAD AS A
PUBLIC WAY IN THE TOWN OF NEWBURY OR TAKE ANY OTHER ACTION RELATIVE
THERETO
BY REQUEST OF JOHN KARAHALIS AND OVER TEN OTHERS .
4/20/93
ARTICLE 13 . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF
SELECTMEN TO ENTER INTO A CONTRACT WITH THE DEPARTMENT OF PUBLIC WORKS
AND THE COUNTY COMMISSIONERS FOR THE CONSTRUCTION AND MAINTENANCE OF
PUBLIC HIGHWAYS FOR THE ENSUING YEAR.
ARTICLE 14 . TO SEE IF THE TOWN WILL VOTE TO ASSUME LIABILITY IN THE
MANNER PROVIDED BY SECTION 29 , OF CHAPTER 91 OF THE GENERAL LAWS, AS
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MOST RECENTLY AMENDED BY CHAPTER 5, ACTS OF 1955, FOR ALL DAMAGES THAT
MAY BE INCURRED BY WORK TO BE PERFORMED BY THE DEPARTMENT OF PUBLIC WORKS
OF MASSACHUSETTS FOR THE IMPROVEMENT, DEVELOPMENT, MAINTENANCE, AND
PROTECTION WITHIN THE TOWN OF NEWBURY, OF TIDAL AND NON-TIDAL RIVERS AND
STREAMS, HARBORS, TIDEWATERS, FORESHORES AND SHORES ALONG A PUBLIC BEACH,
j INCLUDING THE MERRIMAC RIVER, IN ACCORDANCE WITH THE SECTION 11 OF CHAPT.
f 91 OF THE GENERAL LAWS, AND AUTHORIZE THE SELECTMEN TO EXECUTE AND DE-
LIVER A BOND OF INDEMNITY THEREFORE TO THE COMMONWEALTH.
ARTICLE 15 . TO SEE IF THE TOWN WILL AUTHORIZE THE SELECTMEN TO REQUEST
SENATOR ROBERT BUELL AND REPRESENTATIVE THOMAS PALUMBO TO FILE LEGISLATION,
NOTWITHSTANDING M.G.L. CHAPTER 54 , SECTIONS 2 AND 3 , TO CREATE A VOTING
PRECINCT FOR THE RESIDENTS OF PLUM ISLAND, NEWBURY BY SPLITTING THE CURRENT
PRECINCT 1 INTO TWO PRECINCS . THE PLUM ISLAND PRECINCT TO BE CALLED
PRECINCT 3 .
ARTICLE 16 . TO SEE IF THE TOWN WILL VOTE TO AMEND THE POLICE POWERS, RULES
AND REGULATIONS BY-LAW AS FOLLOWS :
A. AMEND PRESENT ARTICLE XI "VALIDITY AND SEPARABILITY" TO READ ARTICLE XII .
B. ESTABLISH A NEW ARTICLE XI TO READ AS FOLLOWS:
ARTICLE XI RULES AND REGULATIONS FOR ENHANCED 911 SERVICE
SECTION 1 . It shall be the duty of every owner and/or occupant of each
house, building and/or structure within the Town of Newbury to place
thereon the number of said house, building or structure. The size,
color, location and visibility of ssid numbers shall be as follows:
1 . The minimum height of said number shall be three (3) inches .
2 . In order to be visible from the road, street or way the number
shall be a contrasting color and shall be reasonably visible to
persons approaching from either direction upon said road, street
or way.
3 . The number shall be affixed to the front door or as close to the
front door as possible.
4 . Where there are multiple houses, buildings or structures located
off the road on private drives, private roads or private lanes
the numbers shall be placed at the following locations:
a. The numbers shall be affixed to a post or other similar
object at the entrance to said private way, road or lane.
b. If the house, building or structure is so far off the
private way, road or lane causing the numbers to be
unidentifiable from the private way, then a post or
l similar object with the numbers affixed thereto shall be
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placed at the entrance of the driveway leading to the
house, building or structure.
C. Each new building shall be identified in accordance with
the BY-LAW before a Certificate of Use and Occupancy is
issued therefor.
4/20/93
5 . The penalty for any violation of this By-law shall be:
a. first offense Warning
b. second and subsequent offense $35 . 00
Upon notice of a violation, an owner and/or occupant shall
correct such violation within thirty (30) days. Each thirty
(30) day period of non-compliance shall be deemed a separate
offense.
6 . The forgoing rules and regulations are hereby enacted in
accordance with requirements of Chapter 291 Acts of 1990,
Chapter 40 Section 21, paragraph one, of the MGL and are to
beenforced non-criminally under Chapter 40 Section 21D of
the General Laws.
ARTICLE 17 . TO SEE IF THE TOWN WILL VOTE TO AMEND SEC. 1 OF CHAPTER 1 OF
THE TOWN BY-LAWS TO READ AS FOLLOWS:
THE SELECTMEN SHALL AT EACH ANNUAL MEETING SUBMIT A DETAILED
ESTIMATE OF THE FINANCIAL REQUIREMENTS OF THE TOWN FOR THE ENSUING FISCAL
4 YEAR AND SHALL, SUBJECT TO THE REQUIREMENTS OF CHAPTER 40, SEC. 49 MGL' S,
PROVIDE FOR THE PRINTING OF SUCH FISCAL YEAR REPORTS WITHIN 90 DAYS OF THE
CLOSE OF THE FISCAL YEAR FOR THE USE OF THE INHABITANTS OF THE TOWN, THIS
ANNUAL REPORT SHALL INCLUDE, IN ADDITION TO ALL REPORTS REQUIRED BY LAW,
ANY OTHER MATERIAL THAT THE SELECTMEN, OR ANY OTHER OFFICERS OR BOARDS OF I
THE TOWN MAY DEEM EXPEDIENT TO MAKE.
ARTICLE 18 . TO SEE IF THE TOWN WILL INSTRUCT ITS REPRESENTATIVES TO THE
GENERAL COURT TO SUPPORT AN AMENDMENT TO THE FY 94 STATE BUDGET TO GUAR-
ANTEE THAT CITIES AND TOWNS RECEIVE THE FULL $47 MILLION GROWTH IN LOTTERY
REVENUES.
ARTICLE 19 . TO SEE IF THE TOWN OF NEWBURY WILL INSTRUCT ITS REPRESENTATIVES
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TO THE GENERAL COURT TO SUPPORT LEGISLATION FILED BY THE MASSACHUSETTS
MUNICIPAL ASSOCIATION THAT WOULD ESTABLISH IN STATE LAW A LOCAL ROADS FUND
IN ORDER TO ENSURE A FAIR AND PREDICTABLE SHARE OF STATE GAS TAX COLLECT-
IONS FOR DISTRIBUTION TO CITIES AND TOWNS FOR USE ON LOCAL ROADS .
ARTICLE 20 . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE OF
THE "DOG FUND" AS A REVOLVING FUND ACCOUNT. FUNDING SHALL BE FROM LICENSE
FEES, LATE FINES, OR ANY OTHER DESIGNATED SOURCES AND WILL BE SUBJECT TO
ALL PROVISIONS OF SEC. 53E. 1/2 OF CHAPTER 44 MGL. THE ANIMAL CONTROL
OFFICER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND $4000
DURING THE NEXT FISCAL YEAR FOR ANIMAL CONTROL EXPENSES.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 21 . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE F
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THE "MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE FUND" AS ESTABLISHED
BY CLAUSE 72, SEC. 5, CHAPTER 40 MGL AS A REVOLVING FUND ACCOUNT.
FUNDING IN ADDITION TO THAT REQUIRED BY CLAUSE (i) SEC. 2 , CHAPTER
60B MGL SHALL BE BY SUMS RECEIVED FROM WATERWAYS FEES, PERMITS, FINES OR
ANY OTHER DESIGNATED SOURCES SUBJECT TO ALL PROVISIONS OF SEC. 53E 1/2 OF
CHAPTER 44 MGL. THE HARBORMASTER WITH THE APPROVAL OF THE SELECTMEN IS
AUTHORIZED TO SPEND $16, 708 DURING THE NEXT FISCAL YEAR.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 4 TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE OF THE
"NES ATHLETIC FUND" AS A REVOLVING FUND ACCOUNT FOR FY94 . THE SCHOOL COMM-
ITEE IS AUTHORIZED TO SPEND UP TO 100% OF AVAILABLE FUNDS. FUNDING SHALL
4/20/93
BE FROM BUT NOT LIMITED TO ATHLETIC FEES AND GIFTS.
ARTICLE 23 . TO SEE IF THE TOWN WILL VOTE TO ACCEPT AN EEO GRANT FOR
FY 1994 IN THE AMOUNT OF $469, 362 MADE AVAILABLE TO TRITON REGIONAL
SCHOOL DISTRICT UNDER THE PROVISIONS OF SECTION 4 , CHAPTER 70A, PRO-
VIDED THAT SAID ACCEPTANCE DOES NOT REQUIRE THE TOWN TO INCREASE ITS
TOTAL EDUCATIONAL BUDGET FOR FY 1994 , OR TAKE ANY OTHER ACTION RELATIVE
THERETO.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 24 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE $118, 868 FROM
CHAPTER 90 AVAILABLE FUNDS ENTITLED 1991 TRANSPORTATION BOND ISSUE FOR
ROAD REPAIRS PURSUANT TO CHAPTER 33 OF THE ACTS OF 1991 .
ARTICLE 25 . TO MEET ON SATURDAY, APRIL 24, 1993 , IN OUR RESPECTIVE VOTING
PRECINCTS FOR THE ELECTION OF TOWN OFFICERS TO FILL THE FOLLOWING POS-
ITIONS, VIZ ; SELECTMAN, ASSESSOR, MODERATOR, TWO LIBRARY TRUSTEES, TWO
SCHOOL COMMITTEE MEMBERS AND FISH COMMISSIONER ALL FOR A TERM OF THREE
YEARS, TREE WARDEN FOR ONE YEAR, PLANNING BOARD MEMBER FOR FIVE YEARS
AND PLANNING BOARD MEMBER FOR A FOUR YEAR UNEXPIRED TERM.
THE POLLS WILL BE OPEN AT 12 NOON AND CLOSE AT 8 : OOPM.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED
COPY THEREOF IN EACH VOTING PRECINCT, SEVEN 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 6TH DAY OF APRIL, 1993 .
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SELECTMEN, TOWN OF NEWBURY A TRUE COPY A EST:
2 ZCE
(_ r �DA�s MARCIA J
✓ '�� If- &2> TOWN CLERK
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: CONSTABLElC�F /P�
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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
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TOWN OF NEWBURY
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ANNUAL TOWN MEETING
APRIL 20, 1993
RESULTS
A QUORUM BEING PRESENT, THE MEETING WAS CALLED TO ORDER BY THE MODERATOR,
RICHARD JOY, AT 7 : 10PM. THE CALL AND RETURN OF THE WARRANT WERE READ BY
THE TOWN CLERK. A MOMENT OF SILENCE WAS OBSERVED IN RESPECT FOR THOSE
TOWN MEMBERS WHO HAD DIED DURING THE PAST YEAR. GENE CASE AND BOB BROWN
WERE APPOINTED COUNTERS. IT WAS NOTED THAT THE TOWN HAM AND BEAN SUPPER
WOULD BE HELD ON FRIDAY MAY 21ST AT THE OLDTOWN FIRE STATION. PROCEEDS
ARE USED FOR HISTORIC RECORDS PRESERVATION.
ARTICLE 1 . MOVED, SECONDED AND VOTED PASSED TO ACCEPT ALL REPORTS AS
PRINTED.
ROBERT WOOLF, CHAIRMAN OF THE FINANCE COMMITTEE, PRESENTED AN ANALYSIS
OF THE TOWNS REVENUES AND EXPENSES TO HELP EXPLAIN THE BUDGET.
ARTICLE 2 . MOVED AND SECONDED. HOLDS WERE MADE ON THE ACCOUNTANT' S
SALARY, ASSESSOR' S EXPENSE, PARKS EXPENSE AND TRITON ASSESSMENT FIG-
URES. MR. WOOLF EXPLAINED THAT THE ACCOUNTANT' S SALARY WAS A CORRECT-
ION AND PARKS INCLUDED THE YOUTH PROGRAM THAT WAS SEPARATE LAST YEAR.
MRS. WEYBURN EXPLAINED TRITONS FIGURE REFLECTED OUR PERCENTAGE OF
STUDENT&_,.NOT. IHE. ACTUAL NUMBER. BROWNIE TAYLOR EXPLAINED THE ASSESSOR
INCREASE WAS FOR 911 POSTAGE AND A SALARY INCREASE BUT HE WISHED TO
NOW AMEND THIS AMOUNT TO LEVEL FUNDING. MOVED AND SECONDED, THIS AMEND-
MENT PASSED 55 YES TO 32 NO. JOHN KRIEGEL MOVED TO AMEND THE AMENDED
AMOUNT FROM $6197 TO $4000 THUS KEEPING THE POSTAGE EXPENSE. AMENDMENT
SECONDED BUT VOTE NOT PASSED 19 YES TO 56 NO.
TOTAL VOTED FOR ARTICLE 2 , $3 , 807 , 451. SEE WARRANT FOR INDIVIDUAL A-
MOUNTS .
THE NEW SUPERINTENDENT OF SCHOOLS DR, GARRY MURPHY WAS INTRODUCED BY
THE MODERATOR.
ARTICLE 3 . MOVED AND SECONDED. JOAN WEYBURN OF THE SCHOOL COMMITTEE
EXPLAINED THAT THEY HAVE STILL NOT RECEIVED A STATE FIGURE AND MAY HAVE
TO COME BACK TO THE TOWN FOR MORE MONEY BUT FOR NOW SHE WISHED TO AMEND
THE AMOUNT OF $2, 404 , 541 TO READ $2, 198, 207 . AMENDED ARTICLE SECONDED
AND VOTED PASSED.
ARTICLE 4 . MOVED AND SECONDED $250 , 915 TO THE BOARD OF HEALTH.
VOTED UNANIMOUS .
ARTICLE 5 . MOVED AND SECONDED $172 , 987 TO THE ESSEX COUNTY RETIREMENT
SYSTEM.
VOTED UNANIMOUS.
ARTICLE 6 . MOVED AND SECONDED $16, 000 FOR A NEW POLICE CRUISER.
VOTED UNANIMOUS
4/20/93
ARTICLE 7 . MOVED AND SECONDED $3, 000 FOR PAINTING THE LOWER
GREEN SCHOOLHOUSE.
VOTED UNANIMOUS .
ARTICLE 8 . MOVED AND SECONDED $3, 021 FOR ESSEX COUNTY GREENHEAD FLIES.
VOTED UNANIMOUS .
ARTICLE 9 . MOVED AND SECONDED ONE DOLLAR FOR MOSQUITO CONTROL.
VOTED UNANIMOUS .
ARTICLE 10 . MOVED AND SECONDED $28, 690 FOR THE EIGHT OFFSET ACCOUNTS.
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VOTED UNANIMOUS .
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ARTICLE 11 . MOVED, SECONDED AND VOTED UNANIMOUS AN AMOUNT NOT TO EXCEED
$80, 000 TO THE SNOW REMOVAL ACCOUNT.
ARTICLE 12 . MOVED, SECONDED AND VOTED TO ACCEPT GREAT MEADOW ROAD AS
A PUBLIC WAY. FAVORABLE REPORT OF THE PLANNING BOARD RECEIVED.
ARTICLE 13 . MOVED, SECONDED AND VOTED PASSED.
ARTICLE 14 . MOVED, SECONDED AND VOTED PASSED.
ARTICLE 15 . MOVED AND SECONDED. BECAUSE WE ARE REQUIRED TO HAVE PRE-
CINCTS OF EQUAL SIZE, WE NEED TO HAVE PLUM ISLAND AS A SEPARATE PRECINCT
THREE.
VOTED PASSED.
ARTICLE 16 . MOVED AND SECONDED 911 RULES UNDER POLICE BY-LAW. CHIEF
MERRY EXPLAINED NUMBERING IS REQUIRED UNDER 911 WHICH WE VOTED IN
DECEMBER 92 . THIS WOULD ALLOW IT TO BE ENFORCED NON-CRIMINALLY. THERE
WAS SOME DISCUSSION ON THE SPACE REQUIREMENTS FOR THE 911 SYSTEM.
VOTED UNANIMOUS . SEE WARRANT FOR COMPLETE BY-LAW.
ARTICLE 17 . MOVED AND SECONDED TO AMEND THE TOWN BY-LAWS TO PROVIDE
FOR THE PRINTING OF THE ANNUAL REPORT WITHIN 90 DAYS OF THE CLOSE OF
THE FISCAL YEAR.
VOTED UNANIMOUS . SEE WARRANT FOR COMPLETE BY--LAW.
ARTICLE 18 . MOVED, SECONDED AND PASSED.
ARTICLE 19 . MOVED, SECONDED AND PASSED.
ARTICLE 20 . MOVED, SECONDED AND PASSED TO CONTINUE THE DOG FUND AS A
REVOLVING FUND.
ARTICLE 21 . MOVED, SECONDED AND PASSED TO CONTINUE THE MUNICIPAL
WATERWAYS IMPROVEMENT AND MAINTENANCE FUND AS A REVOLVING FUND.
ARTICLE 22 . MOVED, SECONDED AND PASSED TO CONTINUE THE NES ATHLETIC
FUND AS A REVOLVING FUND.
4/20/93
ARTICLE 23 . MOVED, SECONDED AND PASSED TO ACCEPT AN EEO GRANT OF
$469 , 363 FOR TRITON.
ARTICLE 24 . MOVED, SECONDED AND PASSED $118, 868 FROM CHAPT. 90 .
ARTICLE 25 . MOVED TO MEET FOR THE TOWN ELECTION.
109 VOTERS WERE CHECKED IN BY THE REGISTRARS.
ADJOURNED AT 9 : 05 .
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A TRUE COPY ATTEST:
MA CIA J. PEIRC: , WN CLERK
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TOWN OF NEWBURY
SPECIAL TOWN MEETING
JUNE 22, 1993
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 NEWBURY TOWN HALL,
25 HIGH ROAD IN SAID TOWN OF NEWBURY ON TUESDAY, THE 22ND DAY OF JUNE
j AT 8 :00 P. M. TO ACT ON THE FOLLOWING ARTICLES, VIZ ;
ARTICLE 1. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY
ZONING BY-LAW BY ADDING TO SECTION 3 . 2 . 4 . 1 COMMERCIAL HIGHWAY THE
FOLLOWING WORDING: "with the exception of a parcel of land consisting
of approximately 9 . 5 acres and bounded as follows:
Beginning at the northwest corner of said parcel at land of Palumbo
on the east side of Newburyport Turnpike, said corner being S 15025 '
38" W a distance of 384 . 04 ' from a Massachusetts Highway Bound marking
the intersection of Hanover Street and Newburyport Turnpike: thence
running
S 74033 ' 35" E a distance of 192 . 50 ' to a bound at land of the Holistic
Family Practice, the last course running by land of Palumbo: thence
N70°31 ' 50" E a distance of 366 . 89 ' to a branch of Little River, at
land now or formerly of Jackman, the last course running by land of the
Holistic Family Practice: thence
Southeasterly by said branch of LIttle River to the Main Branch of Little
River at land of the MBTA; the last course running by said Jackman; thence
Southerly by the main branch of LIttle River to a tidal creek at land
now or formerly of Woodman; the last course running by land of the MBTA:
thence
Westerly by a tidal creek to a drill hole at the end of a stone wall ,
said drill hole being about 428 ' from Newburyport Turnpike as measured
along the stone wall , the last course running by land now or formerly
of Woodman; thence
N 390301W plus or minus a distance of 150 ' plus or minus to a point; thence
N 739J4 ' 06' W a distance of 125 . 00 ' to a point; thence
6/22/93
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S 77 `004 ' 09" W a distance of 101 . 14 ' to the easterly sideline of said
Newburyport Turnpike; thence
N 15027 ' 24" E a distance of 125 . 00 ' to the point of beginning; the
! last course running by the sideline of Newburyport Turnpike.
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ARTICLE 2 . TO SEE IF THE TOWN WILL VOTE TO HOLD OVER ANY UNEXPENDED
FY 93 BALANCE IN THE RESERVE FUND UNTIL SPENT OR TRANSFERRED.
ARTICLE 3 . TO SEE IF THE TOWN WILL VOTE TO TRANSFER ANY UNEXPENDED
BALANCES IN FY93 ACCOUNTS TO THE RESERVE FUND.
jARTICLE 4 . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE ITS APPROPRIATE
OFFICERS TO BORROW THE SUM OF $750 , 000 FOR THE MINING AND MAINTENANCE
OF THE TOWN OF NEWBURY SOLID WASTE SANITARY LANDFILL. SAID SUM TO
BE REPAID OVER A PERIOD OF FIVE (5) YEARS IN THE AMOUNT OF $150, 000
EACH FISCAL YEAR. SAID SUM PLUS INTEREST SHALL BE PART OF THE YEARLY
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BOARD OF HEALTH APPROPRIATION, NOT IN ADDITION TO, OR TAKE ANY OTHER
j ACTION RELATIVE THERETO.
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ARTICLE 5 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AN
ADDITIONAL $20, 000 FOR THE TRUCK MAINTENANCE ACCOUNT FOR THE LEASE/
PURCHASE OF A LOADER.
ARTICLE 6 . TO SEE IF THE TOWN WILL VOTE TO ACCEPT BLACK DUCK CIRCLE
AS A PUBLIC WAY IN THE TOWN OF NEWBURY. BY REQUEST OF THE PLANNING
BOARD.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED
COPY THEREOF IN EACH VOTING PRECINCT, 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 8TH DAY OF JUNE, 1993 .
SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATT _
ANGIE MACHIROS ��C�
ARCIA J. PEI
JOSEPH S . TEVALD TOWN CLERK
ALAN I ADAMS
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: 6-8-93
CONSTABLE RICHARD N. CUNNINGHAM
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6/22/93
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.
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DATE: 6-8-93
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CONSTABLE RICHARD N. CUNNINGHAM
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TOWN OF NEWBURY
SPECIAL TOWN MEETING RESULTS
JUNE 22, 1993
THE MEETING WAS CALLED TO ORDER BY THE MODERATOR AT 7 :30 PM AT THE
NEWBURY TOWN HALL. A QUORUM WAS NOT PRESENT AND THE MEETING WAS AD-
JOURNED TO THE NEWBURY FIRE STATION.
AT 7 : 40 PM WITH A QUORUM BEING PRESENT, THE MODERATOR OPENED THE
MEETING. THE CALL AND RETURN WERE READ BY THE TOWN CLERK. IT WAS
MOVED, SECONDED AND VOTED TO ADDRESS ARTICLE 4 FIRST.
ARTICLE 4 . MOVED AND SECONDED TO AUTHORIZE THE BORROWING OF $750, 000
FOR THE MINING AND MAINTENANCE OF THE TOWN OF NEWBURY SOLID WASTE
SANITARY LANDFILL. QUESTIONED WHY BORROW TO EXTEND IF THE LANDFILL
MUST CLOSE ANYWAY. MR. MACHIROS STATED THAT THE STATE APPROVED THE
MINING AS EFFECTIVE, GOOD FOR THE ENVIRONMENT AND IT SHOULD EXTEND THE
LANDFILL ABOUT 10 YEARS. IF CLOSED NOW, IT WOULD COST ABOUT 2 MILLION.
EVEN IF THE COST IS HIGHER LATER, THERE MIGHT BE MONIES AVAILABLE OR
NEW TECHNOLOGY. QUESTIONED IF THIS AMOUNT WOULD BE ENOUGH. PROBABLY
NOT BUT STILL LOOKING FOR GRANTS, ETC. THE FINANCE COMMITTEE APPROVED
AS THE BEST FINANCIALLY FOR THE TOWN. THIS IS A UNIQUE PROGRAM AND
IS BEING CLOSELY MONITORED.
COUNTED VOTE YES 66 NO 5 . ARTICLE PASSES BY REQUIRED 2/3 VOTE.
ARTICLE 1 . MOVED AND SECONDED. A FAVORABLE REPORT FROM THE PLANNING
BOARD HEARING WAS NOTED. PAT SKIBBEE OF THE PLANNING BOARD MOVED TO
AMEND THE ARTICLE BY DELETING THE ACTUAL BOUNDS AND INSERTING THE LOT
NUMBER. THE ARTICLE WOULD THEN READ:
TO SEE IF THE TOWN WILL VOTE TO AMEND THE ZONING BY-LAW BY ADDING TO
SECTION 3 . 2 . 4 . 1. COMMERCIAL HIGHWAY THE FOLLOWING WORDING: "with the
exception of a parcel of land consisting of approximately 9 . 4 acres,
being a portion of Lot 12, Assessors Map R-47 , and shown as Lot 10 on
a plan of land entitled "Plan of Land in Newbury, Ma" prepared for
Thurlow T. and Georgina M. J. Nelson dated 6-2-93 .
AMENDMENTSECONDED AND VOTED PASSED.
AMENDED ARTICLE VOTED PASSED- BY UNANIMOUS VOTE.
ARTICLE 2 . MOVED, SECONDED AND VOTED PASSED TO HOLD OVER ANY UNEX-
PENDED FY93 BALANCE IN THE RESERVE FUND UNTIL SPENT OR TRANSFERRED.
ARTICLE 3 . MOVED, SECONDED AND VOTED PASSED TO TRANSFER ANY UNEX-
PENDE BALANCES IN FY93 ACCOUNTS TO THE RESERVE FUND.
ARTICLE 5 . MOVED, SECONDED AND VOTED PASSED TO RAISE AND APPROPRIATE
AN ADDITIONAL $20, 000 FOR THE TRUCK MAINTENANCE ACCOUNT FOR THE LEASE/
PURCHASE OF A LOADER.
ARTICLE 6 . MOVED, SECONDED AND VOTED PASSED TO ACCEPT BLACK DUCK CIRCLE
AS A PUBLIC WAY IN THE TOWN OF NEWBURY.
73 VOTERS WERE CHECKED IN BY THE REGISTRARS .
MEETING ADJOURNED 8 . 25 .
A TR OPY ATTE
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MARCIA J. PEIR I �-
TOWN CLERK
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TOWN OF NEWBURY
SPECIAL TOWN MEETING
SEPTEMBER 28, 1993
ESSEX SS :
TO: ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY, MASSACHUSETTS
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` GREETINGS:
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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 NEWBURY TOWN HALL,
25 HIGH ROAD IN SAID TOWN OF NEWBURY ON TUESDAY, THE128TH DAY OF SEPT-
EMBER AT 7 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ ;
ARTICLE 1 . TO SEE OF THE TOWN WILL VOTE TO APPROPRIATE FROM AVAILABLE
FUNDS AN ADDITIONAL $242, 442 FORFY94 OPERATION OF THE NEWBURY ELEMENTARY
SCHOOL. THIS FUNDING IS AVAILABLE FROM NEWBURY ' S ADDITIONAL FY 94 STATE
CHAPTER 70 (SCHOOL) AID OF $184, 242 PLUS PER PUPIL EDUCATION AID OF
$ 58, 200 .
FINANCE COMMITTEE RECOMMENDS
ARTICLE 2 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE FROM AVAILABLE
FUNDS AN ADDITIONAL $11, 190 FOR FY94 OPERATION OF TRITON. THIS ADD-
ITIONAL NEWBURY ASSESSMENT RESULTS FROM FY94 FUNDING FORMULAE CHANGES
IN THE STATE' S NEW EDUCATION REFORM ACT.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 3 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE FROM AVAILABLE
FUNDS $871, 953 . THIS SUM IS 69% OF THE FIRST OF 20 ANNUAL PAYMENTS FOR
THE NEWBURY ELEMENTARY SCHOOL CONSTRUCTION BOND AND IS AVAILABLE FROM
NEW FY94 STATE AID TO NEWBURY.
FINANCE COMMITTEE RECOMMENDS
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED
COPY THEREOF IN EACH VOTING PRECINCT, 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 14TH DAY OF SEPTEMBER, 1993 .
SELECTMEN, TOWN OF NEWBURY, A TRUE COPY AT:
JOSEPH S . TEVALD
ANGIE MACHIROS I G C
ALAN I . ADAMS MARCIA J. P I� RCE
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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: SEPTEMBER 14, 1993
CONSTABLE: RICHARD N. CUNNINGHAM
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: SEPTEMBER 14, 1993
CONSTABLE: RICHARD N. CUNNINGHAM
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TOWN OF NEWBURY
SPECIAL TOWN MEETING
SEPTEMBER 28, 1993
RESULTS
THE MEETING WAS CALLED TO ORDER AT 7 : 15 BY THE MODERATOR RICHARD JOY
WHEN A QUORUM WAS REACHED. THE CALL AND RETURN WERE READ BY THE
ASSISTANT TOWN CLERK.
ARTICLE 1. MOVED, SECONDED AND VOTED PASSED TO APPROPRIATE FROM AVAIL-
ABLE FUNDS AN ADDITIONAL $242, 442 FOR FY94 OPERATION OF THE NEWBURY
ELEMENTARY SCHOOL. FUNDING IS AVAILABLE FROM NEWBURY ' S ADDITIONAL FY94
STATE CHAPTER 70 (SCHOOL) AID OF $184, 242 PLUS PER PUPIL EDUCATION AID
OF $58, 200 .
ARTICLE 2 . MOVED, SECONDED AND VOTED TO APPROPRIATE FROM AVAILABLE
FUNDS AN ADDITIONAL $11, 190 FOR FY94 OPERATION OF TRITON.
ARTICLE 3 . MOVED, SECONDED AND VOTED TO APPROPRIATE FROM AVAILABLE
FUNDS $871, 953 AS 69% OF THE FIRST OF 20 ANNUAL PAYMENTS FOR THE NEWBURY
ELEMENTARY SCHOOL CONSTRUCTION BOND AVAILABLE FROM NEW FY94 STATE AID
TO NEWBURY.
MEETING ADJOURNED AT 7 : 18 .
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41 VOTERS CHECKED IN.
A TRUE COPY ATTES
ZRC��MIA J. PEIRC
TOWN CLERK
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TOWN OF NEWBURY
SPECIAL TOWN MEETING
OCTOBER 26, 1993
ESSEX SS:
TO: ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY, MASSACHUSETTS
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GREETINGS:
IN THE NAME OF THE COMMONWEALTH OF MASSACHUSETTS, YOU ARE HEREBY
DIRECTED TO NOTIFY AND WARN THE INHABITANTS OF THE TOWN OF NEWBURY, QUAL-
IFIED TO VOTE IN TOWN AFFAIRS, TO MEET AT THE OLDTOWN FIRE STATION, 2
MORGAN AVE. IN SAID TOWN OF NEWBURY ON TUESDAY, THE 26TH DAY OF OCTOBER
AT 7 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ :
ARTICLE l . . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE SELECTMEN TO
REQUEST SENATOR ROBERT BUELL AND REPRESENTATIVE THOMAS PALUMBO TO SUBMIT
LEGISLATION AS FOLLOWS:
SECTION 1. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL
LAW TO THE CONTRARY, THE TOWN OF NEWBURY SHALL HAVE ONE PRECINCT FOR THE
PURPOSE OF FORMING CONGRESSIONAL, STATE REPRESENTATIVE, STATE SENATORIAL
OR COUNCILLOR DISTRICTS, BUT MAY HAVE THREE POLLING PLACES FOR THE PURPOSE
OF ANY STATE OR MUNICIPAL ELECTION.
ARTICLE 2 : TO SEE IF THE TOWN WILL VOTE TO AMEND THE TRITON REGIONAL
SCHOOL DISTRICT AGREEMENT. PROVIDING FOR THE EXPANSION OF THE REGIONAL
SCHOOL DISTRICT TO INCLUDE PRE-KINDERGARTEN THROUGH GRADE TWELVE INCLUSIVE
TOGETHER WITH THE TOWNS OF NEWBURY, ROWLEY AND SALISBURY FOR THE MAINTEN-
ANCE AND OPERATION OF A REGIONAL SCHOOL BY SAID DISTRICT IN ACCORDANCE
WITH THE LAWS OF MASSACHUSETTS AND THE PROVISIONS OF A PROPOSED AGGREEMENT
FILED WITH THE SELECTMEN. THIS EXPANDED REGIONAL SCHOOL DISTRICT WOULD
BECOME EFFECTIVE JULY 1, 1994 . COPIES OF THE PROPOSED AGREEMENT ARE A-
VAILABLE AT THE OFFICE OF THE TOWN CLERK.
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 28TH DAY OF SEPTEMBER, 1993 .
SELECTMEN, TOWN OF NEWBURY A TRUE COPY A EST:
ANGIE MACHIROS JJ
JOSEPH S. TEVALD
ALAN I . ADAMS MARCIA J PEIRCE
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: SEPTEMBER 30, 1993 CONSTABLE
RICHARD N. CUNNINGHAM
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.
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DATE: SEPTEMBER 30, 1993 CONSTABLE
RICHARD N. CUNNINGHAM
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TOWN OF NEWBURY
SPECIAL TOWN MEETING
RESULTS
OCTOBER 26, 1993
THE MEETING WAS CALLED TO ORDER AT 7 PM BY THE MODERATOR WHO DECLARED
A QUORUM PRESENT.
THE CALL AND RETURN WERE READ BY TH CLERK.
COUNTERS APPOINTED WERE JAMES CASHMAN AND RICHARD BAZIRGAN
ARTICLE 1 . MOVED AND SECONDED TO AUTHORIZE THE SELECTMEN TO REQUEST
SENATOR ROBERT BUELL AND REPRESENTATIVE THOMAS PALUMBO TO SUBMIT LEGIS-
LATION AS FOLLOWS:
SECTION 1. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL
LAW TO THE CONTRARY, THE TOWN OF NEWBURY SHALL HAVE ONE PRECINCT FOR THE
PURPOSE OF FORMING CONGRESSIONAL, STATE REPRESENTATIVE, STATE SENATORIAL
OR COUNCILLOR DISTRICTS, BUT MAY HAVE THREE POLLING PLACES FOR THE PURPOSE
OF ANY STATE OR MUNICIPAL ELECTION.
PASSED BY UNANIMOUS VOTE.
JOAN WEYBURN RECOGNIZED ALL THOSE WHO WORKED ON THE REGIONALIZATION PRO-
GRAM.
ARTICLE 2 . MOVED BY JOAN WEYBURN AND SECONDED BY MARGARET STONE OF THE
SCHOOL COMMITTEE THE FOLLOWING; TO SEE IF THE TOWN WILL VOTE TO AMEND THE
TRITON REGIONAL SCHOOL DISTRICT AGREEMENT, PROVIDING FOR THE EXPANSION OF
THE REGIONAL SCHOOL DISTRICT TO INCLUDE PRE-KINDERGARTEN THROUGH GRADE
TWELVE INCLUSIVE, TOGETHER WITH THE TOWNS OF NEWBURY, ROWLEY AND SALISBURY
FOR THE MAINTENANCE AND OPERATION OF A REGIONAL SCHOOL BY SAID DISTRICT
IN ACCORDANCE WITH THE LAWS OF MASSACHUSETTS AND THE PROVISIONS OF A PRO-
POSED AGREEMENT FILED WITH THE SELECTMEN. THIS EXPANDED REGIONAL SCHOOL
DISTRICT WOULD BECOME EFFECTIVE JULY 1, 1994 . COPIES OF THE PROPOSED
AGREEMENT ARE AVAILABLE AT THE OFFICE OF THE TOWN CLERK.
MOVED PASSED BY A COUNTED VOTE OF YES 125 TO NO 3 .
134 VOTERS CHECKED IN BY THE REGISTRARS .
MEETING ADJOURNED AT 7 : 20 .
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A TRUE COPY AT E
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MARCIA J. P IRCE
TOWN CLERK i
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TOWN OF NEWBURY
ANNUAL TOWN ELECTION
APRIL 23, 1994
ESSEX SS
TO: ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY, MASSACHUSETTS
GREETINGS:
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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 ON SATURDAY, APRIL 23, 1994, IN OUR RESPECTIVE VOTING
LOCATIONS FOR THE ELECTION OF TOWN OFFICERS TO FILL THE FOLLOWING POSITIONS,
VIZ; SELECTMAN, ASSESSOR, TREASURER, COLLECTOR, TOWN CLERK, TWO LIBRARY
TRUSTEES, AND A FISH COMMISSIONER ALL FOR A TERM OF THREE YEARS, TREE WARDEN
FOR ONE YEAR, AND PLANNING BOARD MEMBER FOR FIVE YEARS.
THE POLLS WILL BE OPEN AT 12 NOON AND CLOSE AT 8:OOP.M.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED COPY
THEREOF IN EACH VOTING PRECINCT, SEVEN DAYS AT LEAST BEFORE THE TIME OF HOLDING
SAID MEETING.
HEREOF, FAIL NOT, AND MAKE DUE RETURN OF THE WARRANT WITH YOUR DOINGS THEREON
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I GIVEN UNDER OUR HANDS THIS 12TH DAY OF APRIL, 1994.
' SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATTES
ANGIE MACHIROS
JOSEPH S. TEVALD MARCIA J. IRCE
TOWN CLERK
AL AN I. ADAMS
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: 4- 13-94
CONSTABLE RICHARD N. CUNNINGHAM
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: 4- 14-94
CONSTABLE RICHARD N. CUNNINGHAM
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NEWBURY TOWN ELECTION
APRIL 23, 1994
RESULTS
PCT. # 1 PCT. #2 TOTAL
SELECTMEN FOR THREE YEARS
* ALAN I. ADAMS 374 279 653
TOWN CLERK FOR THREE YEARS
* MARCIA J. PEIRCE 396 317 713
TREASURER FOR THREE YEARS
* JAMES D. CASHMAN 339 317 656
DOLORES E. KRUPOWICZ 135 77 212
ASSESSOR FOR THREE YEARS
* BRUCE EMERSON 360 295 655
LIBRARY TRUSTEE FOR THREE YEARS
* JAMES D. CASHMAN 299 318 617
* LOIS M. ANDERSON 282 171 453
FISH COMMISSIONER FOR THREE YEARS
* JOHN K. THISTLEWOOD, JR. 356 310 666
TREE WARDEN FOR ONE YEAR
* RONALD 0. PEARSON 235 263 498
PETER W. HOLLIS 225 121 346
PLANNING BOARD FOR FIVE YEARS
* SARAH HAMMOND CREIGHTON 217 398 615
TOTAL VOTES 217 398 615
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TOWN OF NEWBURY
DELAYED ANNUAL TOWN MEETING
APRIL 26, 1994
ESSEX SS
TO: ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY, MASSACHUSETTS
GREETINGS:
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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 NEWBURY ELEMENTARY SCHOOL ON HANOVER STREET IN
I SAID TOWN OF NEWBURY ON TUESDAY, THE 26TH DAY OF APRIL AT 7:30 P.M. TO ACT ON
{ THE FOLLOWING ARTICLES, VIZ;
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ARTICLE 1 . TO ACT ON THE REPORTS OF THE SELECTMEN, TREASURER, COLLECTOR,
AUDITOR, SCHOOL COMMITTEE, SPECIAL COMMITTEES, AND ALL OTHER TOWN OFFICERS.
ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE FOLLOWING
AMOUNTS FOR THE OPERATION OF THE TOWN IN FISCAL 1995.
FINANCE COMMITTEE RECOMMENDS FY94 FY95 CHANGE
MODERATOR'S SALARY $ 35 $ 35
SELECTMEN'S SALARIES 15,500 15,500
SELECTMEN'S EXPENSE 11 ,650 11 ,650
SELECTMEN'S SECRETARY 21 ,840 24,960 $ 3, 120
TOWN HALL ADM SERVICE 22,589 30,246 7,657
RESERVE FUND 25,000 25,000
ACCOUNTANT'S SALARY 21 ,840 24,960 3, 120
ACCOUNTANT'S EXPENSE 650 650
ASSESSORS' SALARIES 7,432 7,729 297
ASSESSORS' EXPENSE 63,223 53,203 -10,020
AUDIT TOWN BOOKS 12,700 19, 180 6,480
TREASURER'S SALARY 16, 100 16,744 644
COLLECTOR'S SALARY 16, 100 16,744 644
TREASURER-COLLECTOR EXPENSE 34,374 38,640 4,266
LEGAL EXPENSE 25,000 25,000 j
PERSONNEL BOARD 500 500
COMPUTER ACCOUNT 2,500 2,500
TOWN CLERK'S SALARY 25,393 26,408 1 ,015
TOWN CLERK'S EXPENSE 6,700 6,700
ELECTION EXPENSE 2,000 6,500 4,500
REGISTRARS VOTERS SALARIES 550 550
REGISTRARS VOTERS EXPENSE 5,250 5,500 250
CONSERVATION COMM. EXPENSE 8,099 8,099
TREE WARDEN SALARY 1 ,982 2,061 79
TREE WARDEN EXPENSE 8,553 10,000 1 ,447
PLANNING BOARD EXPENSE 2,835 2,835
SUB DIVISION EXPENSE 500 500
MASTER PLAN 3,500 3,500
MERRIMACK VALLEY PLANNING COMM. 1 ,569 1 ,603 34
ZONING BOARD OF APPEALS 709 709
TOWN HALLS MAINT. EXPENSE 40,000 40,000
TOWN REPORTS 2,500 2,500
INSURANCE EXPENSE 142,000 122,000 -20,000
POLICE DEPARTMENT EXPENSE 546, 145 585,945 39,800
FIRE PROTECTION 209,400 211 ,300 1 ,900
FOREST_ FIRES 2,756 2,830 74
FIRE ALARM MAINT. EXPENSE 2,000 2,500 500
HYDRANT SERVICE 10,263 10,263
AMBULANCE SERVICE 43,000 43,000
BUILDING INSPECTOR EXPENSE 39,777 40,471 694
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SEALER OF WEIGHTS & MEASURES 1 ,000 1 ,000
CIVIL DEFENSE 1 ,000 1 ,000
ACO SALARY 10,304 15,000 4,696
VOCATIONAL TRANSPORTATION 6,700 6,700
HIGHWAY LABOR 99,799 110,500 10,701
HIGHWAY SUPT. SALARY 33,815 33,815
SNOW REMOVAL 60,000 60,000
STREET LIGHTING 38,000 38,000
HIGHWAY MAINTENANCE 70,000 70,000
TRUCK MAINTENANCE 50,000 50,000
GARAGE MAINTENANCE 15,000 15,000
CEMETERIES EXPENSE 3,000 3,000
COUNCIL ON AGING EXPENSE 33,500 34, 176 676
VETERANS SERVICES 12,500 12,500
NEWBURY ,TOWN LIBRARY 103,440 116,083 12,643
LIFEGUARD EXPENSE 33,638 33,944 306
PARKS EXPENSE 30,613 30,613
HISTORIC COMMISSION 650 650
HISTORIC RECORDS PRESERVATION 3,500 3,500
MEMORIAL DAY 500 500
NOTES ON BONDS 0
INTEREST ON BONDS 0
INTEREST 6,500 6,500
HEALTH INSURANCE 280,368 240,000 -40,368
EMPLOYEE LIFE INSURANCE 750 750
' FICA MEDICARE 32,000 16,000 - 16,000
CONSERVATION FUND 750 750
ARTICLE 2 TOTAL $2,329,841 $2,348,996 $ 19, 155
ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
$3,963,701 AS NEWBURY'S STATE MANDATED MINIMUM CONTRIBUTION TO THE TRITON
REGIONAL SCHOOL DISTRICT'S FY95 EXPENSES.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 4 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
$ 143,097 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY95 ASSESSMENT TO NEWBURY.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE, OR TAKE
FROM AVAILABLE FUNDS, THE SUM OF $250, 173 TO THE BOARD OF HEALTH ACCOUNT FOR
THE ENSUING YEAR.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO RAISE AND' APPROPRIATE, OR TAKE
FROM AVAILABLE FUNDS, THE SUM OF $ 118, 154 AS THE TOWN'S SHARE OF SUPPORTING
THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 1995.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 7. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE OR TRANSFER
AND APPROPRIATE THE SUM OF $ 17,500 TO BE USED FOR THE PURCHASE OF A NEW POLICE
CRUISER, OR TAKE ANY OTHER ACTION RELATIVE THERETO.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 8. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE A SUM NOT TO
EXCEED $ 100,000 FOR THE PURPOSE OF CONDUCTING HYDROLOGICAL TESTING ALONG THE
BANKS OF THE PARKER RIVER AND ITS TRIBUTARIES AND STREAMS.
FINANCE COMMITTEE RECOMMENDS
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ARTICLE 9. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
$3,021 FOR USE BY THE ESSEX COUNTY MOSQUITO CONTROL PROJECT TO BE USED TO
MAINTAIN ITS PROGRAM OF TRAPPING THE ADULT GREENHEAD FLIES DURING THE SUMMER
OF 1994.
FINANCE COMMITTEE RECOMMENDS
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ARTICLE 10. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AS REQUIRED
BY SECTION 4, OF CHAPTER 112, OF THE ACTS OF 1931 , THE SUM OF ($ 1 .00) ONE
M DOLLAR FOR THE NECESSARY MAINTENANCE DURING THE ENSUING YEAR OF THE MOSQUITO
CONTROL WORKS CONSTRUCTED IN THE TOWN.
FINANCE COMMITTEE RECOMMENDS
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ARTICLE 11 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
$26,500 FOR A NEW ONE-TON DUMP TRUCK FOR THE HIGHWAY DEPARTMENT.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 12. TO SEE IF THE TOWN WILL VOTE TO ESTABLISH AN OFFSET ACCOUNT TO BE
CALLED "PLANNING BOARD CONSULTANTS' EXPENSE ACCOUNT" AND TO APPROPRIATE FROM
AVAILABLE FUNDS THE SUM OF $6,000 FOR THE ENSUING YEAR. THESE FUNDS CAN NOT BE
USED FOR LEGAL OR OPERATIONAL EXPENSES.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 13, TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM INDICATED FOR
EACH OF THE FOLLOWING EIGHT OFFSET ACCOUNTS FOR FY95. EACH SUM TO BE TAKEN
FROM THE RESPECTIVE ACCOUNT'S FY94 RECEIPTS.
WIRE INSPECTOR'S EXPENSE $5,500
GAS INSPECTOR'S EXPENSE $3,000
BOARD OF HEALTH AGENT'S EXPENSE $5,000
FIRE PROTECTION INSPECTOR'S EXPENSE $2,300
PLUMBING INSPECTOR'S EXPENSE $3,500
PARKING CLERK'S EXPENSE $2,900
CLAM FLATS EXPENSE $6,800
LIBRARY PUBLIC PHOTOCOPIER EXPENSE $ 690
j FINANCE COMMITTEE RECOMMENDS
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ARTICLE 14. TO SEE IF THE TOWN WILL VOTE TO TRANSFER AN AMOUNT NOT TO EXCEED
$80,000 FROM THE STABILIZATION FUND TO THE FY 94 SNOW REMOVAL ACCOUNT AND TO
RETURN TO THE STABILIZATION FUND ALL FEDERAL AND STATE REIMBURSEMENTS FOR SNOW
REMOVAL AND STORM RELATED DAMAGE.
FINANCE COMMITTEE RECOMMENDS
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ARTICLE 15. TO SEE IF THE TOWN WILL VOTE TO APPROVE COMPENSATION FOR THE DULY
ELECTED MEMBERS OF THE TRITON REGIONAL SCHOOL DISTRICT IN THE AMOUNT OF $ 1 ,000
ANNUALLY PER MEMBER TO BE APPROPRIATED EACH FISCAL YEAR IN THE TRITON REGIONAL
SCHOOL DISTRICT BUDGET BEGINNING IN FY 1995.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 16. TO SEE IF THE TOWN WILL VOTE TO ACCEPT THE PROVISIONS OF SECTION
83 OF CHAPTER 71 OF THE ACTS OF 1993, AS AMENDED AND KNOWN AS THE "EDUCATION
REFORM ACT OF 1993." TO PROVIDE FOR AN EARLY RETIREMENT INCENTIVE PROGRAM FOR
THE MEMBERS OF THE MASSACHUSETTS TEACHERS' RETIREMENT SYSTEM EMPLOYED BY THE
NEWBURY PUBLIC SCHOOLS, WITH SAID PROGRAM TO INCLUDE A FIVE-YEAR ADDITIONAL
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CREDIT FOR AGE, SERVICE OR A COMBINATION THEREOF AND NO LIMIT ON THE NUMBER OF
ELIGIBLE EMPLOYEES.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 17. TO SEE IF THE TOWN WILL VOTE TO ACCEPT SECTION 18 OF CHAPTER 32B
WHICH PERMITS A MUNICIPALITY TO TRANSFER MEDICARE ELIGIBLE RETIREES OUT OF
THEIR STANDARD PLANS AND INTO THEIR MEDICARE EXTENSION PLANS.
ARTICLE 18. TO SEE IF THE TOWN WILL VOTE TO APPROVE THE REVISED APPENDIX A
WAGE SCHEDULE AS MANDATED BY THE TOWN OF NEWBURY PERSONNEL BY-LAW.
ARTICLE 19. TO SEE IF THE TOWN WILL VOTE TO AMEND SECTION 6.4 OF THE
PERSONNEL BY-LAW TO READ AS FOLLOWS:
6.4 PERIODIC STEP INCREASES - EACH EMPLOYEE FOR WHOSE POSITION A WAGE SCEDULE
HAS BEEN ESTABLISHED MAY QUALIFY FOR A STEP INCREASE TO THE NEXT HIGHER
RATE WITHIN HIS WAGE SCHEDULE ON JULY 1ST OF THE NEXT FISCAL YEAR,
SUBJECT HOWEVER TO THE FOLLOWING:
A. THE EMPLOYEE MUST HAVE COMPLETED FIFTY-TWO (52) WORK WEEKS OF
CREDITABLE SERVICE AS DEFINED IN PARAGRAPH 6.5.
B. WORK PERFORMANCE FOR SAID PERIOD HAS BEEN SATISFACTORY.
C. QUALIFIED STEP INCREASES SHALL BE SUBJECT TO CONDITIONS SET FORTH
UNDER SECTIONS 7. 1B AND 7. 1C.
ARTICLE 20. TO SEE IF THE TOWN WILL VOTE TO AMEND SECTION 6.6 OF THE
PERSONNEL BY-LAW TO READ AS FOLLOWS:
If 6.6 EFFECTIVE DATE OF LENGTH OF SERVICE PAYMENTS - LONGEVITY PAYMENTS TO
QUALIFIED EMPLOYEES SHALL BE MADE ON DECEMBER 1ST EACH YEAR ONLY.
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ARTICLE 21 . TO SEE IF THE TOWN WILL VOTE TO AMEND SECTION 6.7 OF THE
PERSONNEL BY-LAW BY DELETING THE LAST SENTENCE AND ADDING THE FOLLOWING:
6.7 NEW EMPLOYEES - ANY NEW EMPLOYEE HIRED AT THE ENTRY LEVEL RATE SHALL, WHEN
QUALIFIED FOR PERMANENT EMPLOYEE STATUS, RECEIVE AN AUTOMATIC ONE STEP
INCREASE IN PAY. EMPLOYEES HIRED AT ANY RATE ABOVE ENTRY LEVEL SHALL BE
SUBJECT TO THE REQUIREMENTS OF SECTION 6.4 . ANY NEW EMPLOYEE, REGARDLESS
OF ENTRANCE RATE GRANTED, SHALL BE SUBJECT TO SECTION 7.3.
ARTICLE 22. TO SEE IF THE TOWN WILT, VOTE TO AMEND SECTIONS 10.2 & 10.3 OF THE
PERSONNEL BY-LAW TO READ AS FOLLOWS:
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10.2 AMEND THE FIRST LINE TO READ;
EACH FULL TIME OR PERMANENT PART TIME EMPLOYEE
10.3 AMEND THE FIRST LINE TO READ;
EACH FULL TIME OR PERMANENT PART TIME EMPLOYEE
ARTICLE 23. TO SEE IF THE TOWN WILL VOTE TO AMEND THE PERSONNEL BY-LAW BY
ADDING A NEW SECTION 10.7 TO READ AS FOLLOWS:
10.7 IF ANY HOLIDAY FALLS ON THE REGULAR SCHEDULED WORKDAY OF ANY EMPLOYEE
WHO WORKS A REGULAR SCHEDULE. THAT EMPLOYEE SHALL RECEIVE HOLIDAY PAY AT
THEIR REGULAR HOURLY RATE FOR THE NUMBER OF HOURS EQUAL TO HIS REGULAR
DAILY WORK SCHEDULE.
ARTICLE 24. TO SEE IF THE TOWN HALL WILL VOTE TO ASSUME LIABILITY IN THE MANNER
PROVIDED BY SECTION 29, OF CHAPTER 91 OF THE GENERAL LAWS, AS MOST RECENTLY
AMENDED BY CHAPTER 5, ACTS OF 1955, FOR ALL DAMAGES THAT MAY BE INCURRED BY
WORK TO BE PERFORMED BY THE DEPARTMENT OF PUBLIC WORKS OF MASSACHUSETTS FOR
THE IMPROVEMENT, DEVELOPMENT, MAINTENANCE, AND PROTECTION WITHIN THE TOWN OF
NEWBURY, OF TIDAL AND NON-TIDAL RIVERS AND STREAMS, HARBORS, TIDEWATERS,
FORESHORES AND SHORES ALONG A PUBLIC BEACH, INCLUDING THE MERRIMAC RIVER, IN
ACCORDANCE WITH SECTION 11 OF CHAPTER 91 OF THE GENERAL LAWS, AND AUTHORIZE
i THE SELECTMEN TO EXECUTE AND DELIVER A BOND OF INDEMNITY THEREFORE TO THE
COMMONWEALTH.
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TO ENTER INTO A CONTRACT WITH THE DEPARTMENT OF PUBLIC WORKS AND THE COUNTY
COMMISSIONERS FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC HIGHWAYS FOR THE
ENSUING YEAR.
ARTICLE 26. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE OF THE
"DOG FUND" AS A REVOLVING FUND ACCOUNT. FUNDING SHALL BE FROM LICENSE FEES,
LATE FINES, OR ANY OTHER DESIGNATED SOURCES AND WILL BE SUBJECT TO ALL
PROVISIONS OF SEC. 53E 1/2 OF CHAPTER 44 MGL. THE ANIMAL CONTROL OFFICER WITH
THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND $4,000 DURING THE NEXT
FISCAL YEAR FOR ANIMAL CONTROL EXPENSES.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 27. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE OF THE
"MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE FUND" AS ESTABLISHED BY
CLAUSE 72, SEC. 5, CHAPTER 40 MGL AS A REVOLVING FUND ACCOUNT.
FUNDING IN ADDITION TO THAT REQUIRED BY CLAUSE (i) SEC. 2, CHAPTER 60B
MGL SHALL BE BY SUMS RECEIVED FROM WATERWAYS FEES, PERMITS, FINES OR ANY OTHER
DESIGNATED SOURCES SUBJECT TO ALL PROVISIONS OF SEC. 53E 1/2 OF CHAPTER 44
MGL. THE HARBORMASTER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO
SPEND $ 18,356 DURING THE NEXT FISCAL YEAR.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 28. TO SEE IF THE TOWN WILL VOTE TO AMEND THE ZONING BY-LAW BY ADDING
THE FOLLOWING USE IN THE RESIDENTIAL-AGRICULTURAL AND THE BUSINESS DISTRICTS.
BED AND BREAKFAST: AFTER AN INITIAL PUBLIC HEARING AND WITH A SPECIAL PERMIT
GRANTED FROM THE BOARD OF SELECTMEN, TO BE RENEWED ANNUALLY, AN OWNER-OCCUPIED
AND OPERATED DWELLING OF RESIDENTIAL CHARACTER MAY BE USED AS A BED AND
BREAKFAST FOR THE LODGING OF OVERNIGHT GUESTS PROVIDED SUCH DWELLING AND THE
OPERATION THEREOF MEETS ALL OF THE FOLLOWING CONDITIONS:
1 . SAID BED AND BREAKFAST SHALL NOT HAVE MORE THAN FOUR BEDROOMS
(EXCLUDING THE OWNERS PRIVATE QUARTERS) .
2. GUEST ROOMS SHALL CONTAIN NO INDIVIDUAL COOKING FACILITIES.
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3. BREAKFAST MAY BE PROVIDED TO GUESTS FROM A CENTRAL KITCHEN AND SHALL
BE LIMITED TO THOSE WHO ARE PERMANENT RESIDENTS AND PAYING OVERNIGHT GUESTS.
4. THE USE OF SAID BED AND BREAKFAST SHALL BE CLEARLY INCIDENTAL TO THE
PRIMARY RESIDENTIAL USE OF THE DWELLING.
THE PURPOSE OF THIS BY-LAW IS TO ALLOW THE USE OF LARGER HOMES AS A BED AND
BREAKFAST, BUT THE INTENT IS NOT TO ALLOW STRUCTURAL OR APPEARANCE CHANGES TO
FACILITATE THIS USE.
THE APPLICANT MUST DEMONSTRATE THAT NO VISIBLE EXTERIOR ALTERATIONS WILL
j OCCUR; THAT ADEQUATE PARKING CAN BE PROVIDED; AND THAT THE STRUCTURE AND USE
CONFORM TO ALL PERTINENT BOARD OF HEALTH AND BOARD OF FIRE ENGINEERS
REGULATIONS, AND TO THE REGULATIONS OF ANY OTHER BODY THAT MAY HAVE JURISDICTION.
ARTICLE 29. TO SEE IF THE TOWN WILL VOTE TO ACCEPT THE REMAINDER OF GREENTREE
LANE AND CROSS STREET AS TOWN ROADS
BY PETITION OF JOHN D. KNEELAND JR. AND TEN OTHERS.
ARTICLE 30. TO SEE IF THE TOWN WILL VOTE TO ACCEPT THE PROVISIONS OF G.L. CH.
40 SECTION 22F TO PERMIT MUNICIPAL BOARDS AND OFFICERS TO UPDATE SCHEDULES OF
CHARGES AND FEES.
ARTICLE 31 . TO SEE IF THE TOWN WILL VOTE TO AMEND SECTION I OF CHAPTER I OF
THE TOWN BY-LAWS TO READ, "THE ANNUAL MEETING SHALL BE HELD ON THE FOURTH
TUESDAY IN APRIL AND THE ANNUAL TOWN ELECTION SHALL BE HELD ON THE SECOND
TUESDAY IN MAY." OR TAKE ANY OTHER ACTION RELATIVE THERETO.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AND ATTESTED COPY
THEREOF IN EACH VOTING PRECINCT, SEVEN 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 12TH DAY OF APRIL, 1994.
SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATTEST:
ANGIE MACHIROS
JOSEPH S. TEVALD MARCIA J. P RCE
TOWN CLERK
ALAN I. ADAMS
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: 4-13-94
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CONSTABLE RICHARD N. CUNNINGHAM
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: 4- 14-94
CONSTABLE RICHARD N. CUNNINGHAM
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TOWN OF NEWBURY
DELAYED ANNUAL TOWN MEETING
APRIL 26, 1994
RESULTS
A QUORUM BEING PRESENT, THE MEETING WAS CALLED TO ORDER BY THE MODERATOR,
RICHARD JOY AT 7:40P.M.
THE CALL AND RETURN OF THE WARRANT WERE READ BY THE TOWN CLERK.
A MOMENT OF SILENCE WAS OBSERVED FOR THOSE CITIZENS WHO HAD DIED SINCE
THE LAST TOWN METTING.
RICHARD PASSERI AND EUGENE CASE WERE APPOINTED COUNTERS.
ARTICLE 1 . MOVED, SECONDED AND VOTED UNANIMOUSLY TO ACCEPT ALL REPORTS.
ARTICLE 2. ROBERT WOOLF OF THE FINANCE COMMITTEE GAVE A DETAILED ANALYSIS OF
THE TOWN BUDGET EXPLAINING THERE WOULD STILL BE ADDITIONAL CHANGES.
ARTICLE MOVED AND SECONDED. ELECTION EXPENSE WAS QUESTIONED. IT
WAS EXPLAINED THAT THERE WOULD BE THREE ELECTIONS THIS YEAR INSTEAD
OF ONE. THE BUDGET AS PRINTED IN THE AMOUNT OF $2,348,996 WAS
PASSED BY A MAJORITY VOTE.
ARTICLE 3. MOVED, SECONDED AND VOTED PASSED THE SUM OF $3,963,701 FOR THE
TRITON BUDGET.
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ARTICLE 4. MOVED AND SECONDED THE SUM OF $ 143,097 FOR WHITTIER. PASSED
ARTICLE 5. MOVED AND SECONDED THE SUM OF $250, 173 FOR THE BOARD OF HEALTH.
PASSED.
ARTICLE 6. MOVED AND SECONDED THE SUM OF $ 118, 154 FOR ESSEX COUNTY RETIREMENT.
PASSED.
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ARTICLE 7. MOVED AND SECONDED THE SUM OF $ 17,500 FOR A NEW POLICE CRUISER.
PASSED.
ARTICLE 8. MOVED AND SECONDED A SUM NOT TO EXCEED $ 100,000 FOR THE PURPOSE OF
CONDUCTING HYDROLOGICAL TESTING ALONG THE BANKS OF THE PARKER RIVER
AND ITS TRIBUTARIES AND STREAMS. EXTENSIVE QUESTIONS FROM THE FLOOR
INCLUDED WHY CAN'T THE DEVELOPER PAY FOR THE STUDY? HOW LONG A STUDY?
HOW EXTENSIVE? TOTAL COST? MONEY FROM THE STATE OR GRANTS AVAIL-
ABLE? RICHARD JOHNSON SUPPORTED THE ARTICLE BUT SUGGESTED IT BE
JOINTLY ADMINISTERED BY THE PLANNING BOARD AND THE BOARD OF HEALTH.
MR. MACHIROS STATED THE SELECTMEN WOULD MONITOR THE STUDY. THE
PRESENT 300' RULE HAS BEEN CHALLENGED IN COURT AND THEY NEED TO
SUBSTANTIATE ANY FUTURE DISTANCE RULINGS. IF OUTSIDE MONEY IS USED,
WE LOSE HOME RULE. WORK WOULD START AT THE UPPER FALLS AND MOVE
DOWN TO THE CLAM FLATS. IT WAS NOTED THAT THE INPUT OF THE CONSERVA-
TION COMMISSION WAS NEEDED AS WELL. THE PLANNING BOARD DID FEEL
THIS WAS A LONG RANGE CONCERN.
AN AMENDMENT WAS THEN MOVED AND SECONDED TO READ: "THE TESTING PROGRAM
WILL BE JOINTLY ADMINISTERED BY THE PLANNING BOARD, THE BOARD OF
HEALTH AND THE CONSERVATION COMMISSION. VOTED PASSED 118 YES 13 NO.
THE ARTICLE AS AMENDED WAS THEN VOTED PASSED 100 YES 48 NO.
j ARTICLE 9. MOVED AND SECONDED THE SUM OF $3021 FOR ESSEX COUNTY GREENHEAD
CONTROL. VOTED PASSED.
ARTICLE 10. MOVED AND SECONDED THE SUM OF ONE DOLLAR FOR MOSQUITO CONTROL WORKS.
VOTED PASSED.
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ARTICLE 11 . MOVED AND SECONDED THE SUM OF $26,500 FOR A NEW ONE-TON DUMP TRUCK.
VOTED PASSED.
ARTICLE 12. MOVED AND SECONDED TO ESTABLISH THE "PLANNING BOARD CONSULTANTS'
EXPENSE ACCOUNT" AS AN OFFSET ACCOUNT AND TO APPROPRIATE $6,000.
VOTED PASSED.
ARTICLE 13. MOVED AND SECONDED THE OFFSET ACCOUNTS AS PRINTED.
VOTED PASSED.
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ARTICLE 14. MOVED AND SECONDED TO TRANSFER AN AMOUNT NOT TO EXCEED $80,000
FROM THE STABILIZATION FUND TO THE FY94 SNOW REMOVAL ACCOUNT.
VOTED UNANIMOUS.
ARTICLE 15. MOVED AND SECONDED THE SUM OF $ 1000 FROM THE SCHOOL BUDGET FOR
COMPENSATION TO EACH ELECTED REGIONAL SCHOOL MEMBER. VOTED PASSED.
ARTICLE 16. MOVED AND SECONDED TO ACCEPT THE "EDUCATION REFORM ACT OF 1993"
PROVIDING FOR EARLY RETIREMENT. SUPT. OF SCHOOLS, GARRY MURPHY
SAID PART OF THE MONEY WOULD COME FROM THE STATE AND PART FROM
HIRING A LOWER SALARIED REPLACEMENT.
VOTED PASSED.
ARTICLE 17. MOVED AND SECONDED TO ACCEPT SECTION 18 OF CHAPTER 32B TO PERMIT
THE TRANSFER OF MEDICARE ELIGIBLE RETIREES OUT OF THEIR STANDARD
PLANS AND INTO THEIR MEDICARE EXTENSION PLANS.
VOTED PASSED.
ARTICLE 18. MOVED AND SECONDED TO APPROVE THE REVISED APPENDIX A WAGE SCHEDULE
AS MANDATED BY THE PERSONNEL BY-LAW. VOTED PASSED.
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ARTICLE 19. MOVED AND SECONDED TO AMEND SECTION 6.4 OF THE PERSONNEL BY-LAW.
VOTED PASSED.
` ARTICLE 20. MOVED AND SECONDED TO AMEND SECTION 6.6 OF THE PERSONNEL BY-LAW.
VOTED PASSED.
ARTICLE 21 . MOVED AND SECONDED TO AMEND SECTION 6.7 OF THE PERSONNEL BY-LAW.
VOTED PASSED.
ARTICLE 22. MOVED AND SECONDED TO AMEND SECTIONS 10.2 & 10.3 OF THE PERSONNEL
BY-LAW. VOTED PASSED.
ARTICLE 23. MOVED AND SECONDED TO ADD A NEW SECTION 10.7 TO THE PERSONNEL
BY-LAW. VOTED PASSED.
ARTICLE 24. MOVED, SECONDED, VOTED PASSED.
ARTICLE 25. MOVED, SECONDED, VOTED PASSED.
ARTICLE 26. MOVED, SECONDED AND VOTED PASSED TO CONTINUE THE DOG FUND AS A
REVOLVING FUND.
ARTICLE 27. MOVED, SECONDED AND VOTED PASSED TO CONTINUE THE MUNICIPAL WATERWAYS
IMPROVEMENT AND MAINTENANCE FUND AS A REVOLVING FUND ACCOUNT.
ARTICLE 28. MOVED AND SECONDED TO AMEND THE ZONING BY-LAW BY ADDING A BED AND
BREAKFAST USE IN THE RESIDENTIAL-AGRICULTURAL AND BUSINESS
DISTRICTS. THE PLANNING BOARD SUBMITTED THE REPORT OF THE HEARING
HELD APRIL 6, 1994 SHOWING A UNANIMOUS VOTE IN FAVOR OF THE
AMENDMENT.
AN AMENDMENT TO THE ARTICLE WAS THEN MOVED AND SECONDED TO INCLUDE
SECTION NUMBERS. THE AMENDED ARTICLE WILL NOW READ:
TO SEE IF THE TOWN WILL VOTE TO AMEND THE ZONING BY-LAW ADDING UNDER USE
REGULATIONS, AGRICULTURAL/RESIDENTIAL, A NEW SECTION 4. 1 .4 AND IN A BUSINESS
DISTRICT, A NEW SECTION 4.3. 1 .9, TO READ AS FOLLOWS:
BED AND BREAKFAST: AFTER AN INITIAL PUBLIC HEARING AND WITH A SPECIAL PERMIT
GRANTED FROM THE BOARD OF SELECTMEN, TO BE RENEWED ANNUALLY, AN OWNER-OCCUPIED
AND OPERATED DWELLING OF RESIDENTIAL CHARACTER MAY BE USED AS A BED AND
BREAKFAST FOR THE LODGING OF OVERNIGHT GUESTS PROVIDED SUCH DWELLING AND THE
OPERATION THEREOF MEETS ALL OF THE FOLLOWING CONDITIONS:
1 . SAID BED AND BREAKFAST SHALL NOT HAVE MORE THAN FOUR BEDROOMS
(EXCLUDING THE OWNERS PRIVATE QUARTERS) .
2. GUEST ROOMS SHALL CONTAIN NO INDIVIDUAL COOKING FACILITIES.
3. BREAKFAST MAY BE PROVIDED TO GUESTS FROM A CENTRAL KITCHEN AND SHALL BE
LIMITED TO THOSE WHO ARE PERMANENT RESIDENTS AND PAYING OVERNIGHT GUESTS.
4. THE USE OF SAID BED AND BREAKFAST SHALL BE CLEARLY INCIDENTAL TO THE
PRIMARY RESIDENTIAL USE OF THE DWELLING.
THE PURPOSE OF THIS BY-LAW IS TO ALLOW THE USE OF LARGER HOMES AS A BED AND
BREAKFAST, BUT THE INTENT IS NOT TO ALLOW STRUCTURAL OR APPERANCE CHANGES TO
FACILITATE THIS USE.
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THE APPLICANT MUST DEMONSTRATE THAT NO VISIBLE EXTERIOR ALTERATIONS WILL
OCCUR; THAT ADEQUATE PARKING CAN BE PROVIDED; AND THAT THE STRUCTURE AND USE
CONFORM TO ALL PERTINENT BOARD OF HEALTH AND BOARD OF FIRE ENGINEERS
REGULATIONS, AND TO THE REGULATIONS OF ANY OTHER BODY THAT MAY HAVE JURISDICTION.
AMENDMENT PASSED BY UNANIMOUS VOTE. AMENDED ARTICLE VOTED PASSED
BY UNANIMOUS VOTE.
ARTICLE 29. MOVED AND SECONDED. THE PLANNING BOARD RETURNED AN UNFAVORABLE
REPORT STATING MORE WORK NEEDED TO BE DONE. VOTED NOT PASSED.
ARTICLE 30. MOVED, SECONDED AND VOTED PASSED TO ACCEPT G.L. CH. 40, SECTION
22F TO PERMIT UPDATING OF CHARGES AND FEES BY MUNICIPAL BOARDS AND
OFFICERS.
ARTICLE 31 . MOVED, SECONDED AND VOTED PASSED BY UNANIMOUS VOTE TO AMEND
SECTION I OF CHAPTER I OF THE TOWN BY-LAWS TO NOW READ:
THE ANNUAL TOWN MEETING SHALL BE HELD ON THE FOURTH TUESDAY IN
APRIL AND THE ANNUAL TOWN ELECTION SHALL BE HELD ON THE SECOND
TUESDAY IN MAY.
THE BOARD OF REGISTRARS CHECKED IN 154 VOTERS.
THE MEETING WAS ADJOURNED AT 9:00 P.M.
A TRUE COPY ATTEST:
i fOWN
MARCIA J. PEIRCE, CLERK
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TOWN OF NEWBURY
SPECIAL REGIONAL SCHOOL COMMITTEE ELECTION
MAY 10, 1994
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ESSEX SS
TO: ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY, MASSACHUSETTS
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GREETINGS:
i
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 ON TUESDAY, MAY 10, 1994, IN OUR RESPECTIVE VOTING
LOCATIONS FOR THE ELECTION OF A REGIONAL SCHOOL COMMITTEE.
NINE MEMBERS TO BE CHOSEN, THREE EACH FROM THE TOWNS OF NEWBURY, ROWLEY AND
SALISBURY. THE PERSON WITH THE HIGHEST TOTAL VOTE IN EACH TOWN WILL SERVE A
THREE YEAR TERM, SECOND HIGHEST A TWO YEAR AND THIRD HIGHEST A ONE YEAR
TERM.
THE POLLS WILL BE OPEN AT 12 NOON AND CLOSE AT 8:OOP.M.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED COPY
THEREOF IN EACH VOTING PRECINCT, FOURTEEN DAYS AT LEAST BEFORE THE TIME OF
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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 12TH DAY OF APRIT, 1994.
SELECTMEN, TOWN OF NEWBURY A TRUE COPY eATTT:
ANGIE MACHIROS « i�
JOSEPH S. TEVALD MARCIA J. EIRCE
TOWN CLERK
ALAN I. ADAMS
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: 4- 13-94
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CONSTABLE RICHARD N. CUNNINGHAM
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: 4- 14-94
CONSTABLE RICHARD N. CUNNINGHAM
TRITON REGIONAL SCHOOL ELECTION
MAY 10, 1994
RESULTS
NEWBURY SALISBURY ROWLEY TOTAL
NEWBURY CANDIDATES
* BAZIRGAN 305 376 363 1044 2 YEAR TERM
KRIEGEL 142 278 313 733
* TYMANN 357 411 386 1154 3 YEAR TERM
* WEYBURN 254 339 324 917 1 YEAR TERM
ROWLEY CANDIDATES
* DRAPER 197 277 678 1152 1 YEAR TERM
* HARDY 205 319 688 1212 2 YEAR TERM
MERRILL 166 341 616 1123
* PETERSEN 247 387 643 1277 3 YEAR TERM
SALISBURY CANDIDATES
* CONTI 194 488 266 948 1 YEAR TERM
* FISH 267 431 307 1005 3 YEAR TERM
FOLLEY 94 389 171 654
* KNOWLES 171 513 277 961 2 YEAR TERM
MURRAY 126 441 189 756
POULIN 73 275 142 490
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TOWN OF NEWBURY
SPECIAL TOWN MEETING
JUNE 28, 1994
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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 NEWBURY TOWN HALL, 25 HIGH ROAD IN SAID TOWN
OF NEWBURY ON TUESDAY, THE 28TH DAY OF JUNE AT 7:30 P.M. TO ACT ON THE
FOLLOWING ARTICLES, VIZ;
ARTICLE 1 . TO SEE IF THE TOWN WILL VOTE TO HOLD OVER ANY UNEXPENDED FY94
BALANCES IN THE FOLLOWING ACCOUNTS UNTIL SPENT OR TRANSFERRED: RESERVE FUND,
HIGHWAY MAINTENANCE ACCOUNT, BOARD OF HEALTH.
ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO TRANSFER ANY UNEXPENDED BALANCES
IN ALL OTHER FY94 ACCOUNTS TO THE RESERVE FUND.
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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 I
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.
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GIVEN UNDER OUR HANDS THIS 14TH DAY OF JUNE, 1994
SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATTEST:
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ANGIE MACHIROS '
JOSEPH S. TEVALD
ALAN I. ADAMS
'! MARCIA J. EIRCE, TOWN CLERK
I 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: 0-- 14-94 CONSTABLE RICHARD N. CUNNINGHAM
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: 16- 14-94 CONSTABLE RICHARD N. CUNNINGHAM
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SPECIAL TOWN MEETING
JUNE 28, 1994
RESULTS
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THE MEETING WAS OPENED AT 8 : 05 BY THE MODERATOR RICHARD JOY WHO DECLARED
A QUORUM FINALLY PRESENT.
THE CALL OF THE WARRANT AND THE RETURN WERE READ BY THE ASSISTANT TOWN
CLERK RALPH LOWELL.
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ARTICLE 1 . MOVED, SECONDED AND VOTED UNANIMOUSLY TO HOLD OVER ANY UN-
EXPENDED FY94 BALANCES UNTIL SPENT OR TRANSFERRED IN THE RESERVE FUND,
HIGHWAY MAINTENANCE ACCOUNT AND BOARD OF HEALTH.
ARTICLE 2 . MOVED, SECONDED AND VOTED UNANIMOUSLY TO TRANSFER ANY UN-
EXPENDED BALANCES IN ALL OTHER FY94 ACCOUNTS TO THE RESERVE FUND.
43 VOTERS CHECKED IN
ADJOURNED 8 : 07 PM
A TRUE COPY ATTEST;
MARCIA J. PEIRCE, TOY CLERK
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TOWN OF NEWBURY
SPECIAL TOWN MEETING
FEBRUARY 16, 1995
ESSEX SS:
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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 ON ELM STREET IN SAID TOWN OF NEWBURY ON THURSDAY THE 16TH DAY
OF FEBRUARY AT 7 : 30 P.M. TO ACT ON THE FOLLOWING ARTICLE. VIZ :
ARTICLE 1. TO SEE IF THE TOWN WILL VOTE TO CREATE AN ELECTED BOARD OF
HEALTH. PURSUANT TO MGL. C 41 S 1 THE TOWN WILL ELECT A BOARD OF
HEALTH AT THE 1995 ANNUAL TOWN ELECTION OF THREE MEMBERS TO SERVE TERMS
OF THREE YEARS EACH. BY INITIAL ELECTION OF THREE CANDIDATES TO SERVE
TERMS OF THREE YEARS, TWO YEARS, AND ONE YEAR, SUCH THAT THE CANDIDATE
RECEIVING THE HIGHEST NUMBER OF VOTES WILL SERVE THREE YEARS, THE NEXT
FOLLOWING HIGHEST WILL SERVE TWO YEARS, AND THE FOLLOWING HIGHEST FOR
ONE YEAR, WITH SUBSEQUENT TERMS OF THREE YEARS EACH, OR ACT ANYTHING
THEREON.
BY PETITION OF GERALDINE SLOTNICK AND OVER TWO HUNDRED OTHERS
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 14TH DAY OF JANUARY 1994
SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATE T:
j ANGIE MACHIROS % alzez
JOSEPH S. TEVALD MARCIA J. P RCE, TOWN CLERK
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 FOT THE PURPOSE HEREIN NAMED.
DATE: 1/26/95 CONSTABLE: RICHARD N. CUNNINGHAM
I
! 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: 1/26/95 CONSTABLE: RICHARD N. CUNNINGHAM
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SPECIAL TOWN MEETING
CALLED BY PETITION
FEBRUARY 16, 1995
RESULTS
THE MEETING SCHEDULED FOR 7 : 30 WAS DELAYED UNTIL THE CONTINUOUS LINE
OF VOTERS COULD BE CHECKED IN BY THE REGISTRARS. FINALLY CALLED TO ORDER
BY THE MODERATOR RICHARD JOY AT 8PM, A RECORD 800 VOTERS WERE PRESENT.
THE CALL AND RETURN OF THE WARRANT WERE READ BY THE TOWN CLERK FOLLOWED
BY THE PLEDGE OF ALLEGIANCE.
COUNTERS APPOINTED BY THE MODERATOR WERE BOB WELLS, BILL ROBITAILLE,
GENE CASE, BOB WOOLF, MARK MARBET AND BRUCE EMERSON.
THE MODERATOR READ THE ARTICLE AS PRESENTED BY SPECIAL PETITION FROM
OVER 200 VOTERS. ONE OF THE SPONSERS OF THE ARTICLE, GREG SZUMOWSKI, MOVED
THE ARTICLE AS READ, SECONDED BY NICHOLAS METCALF.
THE FIRST SPEAKER, MICHAEL DOYLE, FELT THE ARTICLE SHOULD BE PUT ON THE
TOWN ELECTION BALLOT WHEN EVERYONE COULD VOTE BECAUSE OF THE HIGH TENSION
THE ARTICLE HAD RAISED AND ITS IMPORTANCE. WITH THIS IN MIND, BILL PLANTE
MADE ANOTHER MOTION "TO MOVE TO INDEFINITELY POSTPONE ANY ACTION ON THIS
ARTICLE" THIS MOTION WAS SECONDED BY DOYLE. HE SUGGESTED MOVING THE VOTE
TO THE ELECTION, PRAISED THE SELECTMEN' S PERFORMANCE AND THEIR INNOVATIVE
MINING AT THE DUMP AND REFERRING TO THE WPA RULES , THE NECESSITY OF USING
COMMON SENSE. APPLAUSE AND CHEERS FROM THE AUDIENCE.
METCALF SAID HIS UNDERSTANDING FROM THE ATTORNEY GENERAL WAS THAT A
SEPARATE BOARD OF HEALTH MUST BE FORMED THROUGH A TOWN MEETING VOTE. HE
THEN CALLED ON TOWN COUNSEL FOR A RULING.
ATTORNEY LAGOULIS SAID THIS WAS NOT THE QUESTION HE HAD BEEN ASKED TO
CHECK BEFORE BUT HE DIDN ' T KNOW OF ANY REASON WHY IT COULDN ' T BE DONE AT
ELECTION.
SZUMOWSKI CONCURRED WITH METCALF THAT TOWN MEETING WAS THE ONLY WAY.
HE SAID HE WOULD HAVE PREFERRED TO PUT IT ON A BALLOT IF IT HAD BEEN ALLOWED.
PAT SKIBBEE THEN SAID SHE HAD PERSONALLY RESEARCHED THE QUESTION AND
HAD ALSO CALLED THE ATTORNEY GENERAL AND THE MASS ASSOCIATION OF BOARDS OF
HEALTH AND WAS INFORMED THAT A TOWN MEETING VOTE WAS THE ONLY WAY TO SEPARATE
THE BOARD OF HEALTH FROM THE SELECTMEN.
DAVE MOUNTAIN THEN SPOKE SAYING THOSE HERE HAD GONE THRU A LOT OF
TROUBLE TO GET HERE AND WE SHOULD VOTE NOW EITHER WAY.
ARTHUR ALLEN AGREED WITH MOUNTAIN SAYING THAT THOSE WHO WERE CONCERNED
WERE THERE AND THE SELECTMEN HAD DONE A GOOD JOB. VOTE NOW.
DON ADLER QUESTIONED MOTION PROCEDURE AND WAS ASSURED BY THE MODERATOR
IT WAS CORRECT.
AFTER SOME CONFUSION ABOUT WHAT THE VOTE FOR INDEFINITELY POSTPONING
THE ARTICLE WOULD MEAN, BILL PLANTE AGAIN TOOK THE MIKE. HE DECIDED TO
WITHDRAW THE MOTION AFTER REALIZING POSTPONEMENT STILL WOULDN'T ALLOW THE
ISSUE TO BE SETTLED AT TOWN ELECTION.
THE MODERATOR THEN MOVED TO VOTE ON THE ARTICLE BUT RETURNED TO THE
I
DISCUSSION AFTER SUPPORTERS REQUESTED MORE TIME TO SPEAK. ANN WHITE TALKED
ABOUT NEW TECHNOLOGY, REGULATIONS REQUIRED AS OF MARCH AND THE NEED FOR A
"PROFESSIONAL" BOARD. DONALD BADE SPOKE ABOUT THE PREVIOUS REPORTS OF 1980
AND 1987 WHICH RECOMMENDED SEPARATE BOARDS. HE ENCOURAGED SUPPORT OF THE
SEPARATION AND REQUESTED PAPER BALLOTS TO GIVE VOTERS FREEDOM TO VOTE WITHOUT
FEAR OF RETRIBUTION.
THE MODERATOR THEN ASKED IF ANYONE ELSE WISHED TO SPEAK. HEARING NO
ONE HE AGAIN CALLED FOR THE VOTE. THE MOTION WAS THEN MADE AND SECONDED TO
USE PAPER BALLOTS . WITH ONLY 162 VOTING IN FAVOR, THE MODERATOR DECLARED
THIS MOTION DEFEATED. HE THEN REQUESTED ANY NON VOTER TO LEAVE THE HALL AND
CALLED FOR A STANDING COUNTED VOTE ON THE MOTION AS ORIGINALLY PRINTED AND
READ.
202 VOTED YES FOR A CHANGE AND 570 VOTED. AGA.INST. THE ANNOUNCEMENT THAT
THE MOTION WAS DEFEATED WAS MET WITH MUCH CHEERING AND CLAPPING.
THE MEETING ADJOURNED AT 8 :35PM. L
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TOWN OF NEWBURY
ANNUAL TOWN MEETING
APRIL 25, 1995
ESSEX SS
I
TO: ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY, MASSACHUSETTS
GREETINGS :
i
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 NEWBURY ELEMENTARY
SCHOOL ON HANOVER STREET IN SAID TOWN OF NEWBURY ON TUESDAY, THE 25TH
DAY OF APRIL AT 7 : 30 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ :
ARTICLE 1. TO ACT ON THE REPORTS OF THE SELECTMEN, TREASURER, COLLECTOR,
AUDITOR, SCHOOL COMMITTEE, SPECIAL COMMITTEES, AND ALL OTHER TOWN
OFFICERS.
ARTICLE 2 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
FOLLOWING AMOUNTS FOR THE OPERATION OF THE TOWN IN FISCAL 1996 .
I
FINANCE COMMITTEE RECOMMENDS FY95 FY96 CHANGE
MODERATOR' S SALARY $ 35 $ 100 65
SELECTMEN ' S SALARIES 15, 500 15 , 500
SELECTMEN' S EXPENSE 11, 650 11, 650
SELECTMEN ' S SECRETARY 24, 960 25, 966 1, 006
TOWN HALL ADM SERVICE 30, 246 30, 900 654
RESERVE FUND 25 , 000 25 , 000
ACCOUNTANT' S SALARY 24, 960 25, 709 749
ACCOUNTANT ' S EXPENSE 650 2, 535 1 . 885
ASSESSORS ' SALARIES 7 , 729 7 , 961 232
ASSESSORS ' EXPENSE 53 , 203 54, 727 1, 524
AUDIT TOWN BOOKS
00 19 , 180 19, 180
TREASURER' S SALARY 16, 744 17 , 246 502
COLLECTOR' S SALARY 16, 744 17 , 246 502
TREASURER-COLLECTOR EXPENSE 38, 640 42, 595 3 , 955
LEGAL EXPENSE 25, 000 25, 000
PERSONNEL BOARD 500 500
COMPUTER ACCOUNT 2, 500 2, 500
TOWN CLERK' S SALARY 26, 408 27 , 200 792
TOWN CLLERK' s EXPENSE 6 , 700 6, 700
ELECTION EXPENSE 6, 500 5, 000 -1, 500
REGISTRARS VOTERS SALARIES 550 550
REGISTRARS VOTERS EXPENSE 5, 500 5, 500
CONSERVATION COMM. EXPENSE 8, 099 8, 684 585
TREE WARDEN SALARY 2, 061 2, 123 62
TREE WARDEN EXPENSE 10, 000 15, 000 5, 000
PLANNING BOARD EXPENSE 2, 835 3 , 200 365
SUB DIVISION EXPENSE 500 500
MASTER PLAN 3 , 500 3 , 500
MERRIMACK VALLEY PLANNING COMM. 1, 603 1, 636 33
ZONING BOARD OF APPEALS 709 709
TOWN HALLS MAINT. EXPENSE 40, 000 40, 000
TOWN REPORTS 2 , 500 2 , 500
INSURANCE EXPENSE 122, 000 122, 000
POLICE DEPARTMENT EXPENSE 585, 945 601, 291 15, 346
FIRE PROTECTION 211, 300 217, 639 6, 339
FOREST FIRES 2, 830 2, 830
FIRE ALARM MAINT. EXPENSE 2, 500 2, 500
HYDRANT SERVICE 10, 263 10, 263
AMBULANCE SERVICE 43 , 000 43, 000
BUILDING INSPECTOR SALARY 25 , 740 26, 512 772
BUILDING INSPECTOR EXPENSE 14, 731 14, 731
SEALER OF WEIGHTS & MEASURES 1, 000 1, 000
CIVIL DEFENSE 1, 000 1, 000
ACO SALARY 15 , 000 15, 450 450
VOCATIONAL TRANSPORTATION 6, 700 6 , 700
HIGHWAY LABOR 110, 500 146, 281 35 , 781
HIGHWAY SUPT. SALARY 33 , 815 37 , 866 4, 051
SNOW REM011AL 60, 000 60, 000
STREET LIGHTING 38, 000 38, 000
HIGHWAY MAINTENANCE 70, 000 70, 000
TRUCK MAINTENANCE 50, 000 50 , 000
APRIL 25, 1995 PAGE 2
FINANCE COMMITTEE RECOMMENDS FY 95 FY 96 CHANGE
GARAGE MAINTENANCE 15 , 000 15, 000
CEMETERIES EXPENSE 3 , 000 3 , 000
COUNCIL ON AGING EXPENSE 34 , 176 34, 850 674
VETERANS SERVICES 12, 500 12, 500
NEWBURY TOWN LIBRARY 11.6, 083 126, 680 10, 597
LIFEGUARD EXPENSE 33 , 944 34, 962 1, 018
PARKS EXPENSE 30, 613 34, 370 3 ,757
HISTORIC COMMISSION 650 650
HISTORIC RECORDS PRESERVATION 3 , 500 3 , 500
MEMORIAL DAY 500 600 100
INTEREST 6, 500 6 , 500
HEALTH INSURANCE 240, �
000 240, 000
EMPLOYEE LIFE INSURANCE 750 750
FICA MEDICARE 16, 000 26 , 000 10, 000
CONSERVATION FUND 750 750
ARTICLE 2 TOTALS $2 , 348, 996 $2, 454, 292 105 296
ARTICLE 3 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
SUM OF $3 , 789 , 960 WHICH IS THE TRITON REGIONAL SCHOOL DISTRICT' S FY96
ASSESSMENT TO NEWBURY.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 4 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
SUM OF $106, 566 FOR THE WHITTIER VOCATIONAL SCHOOL' S FY96 ASSESSMENT
TO NEWBURY.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 5 TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE, OR
TAKE FROM AVAILABLE FUNDS. THE SUM OF $268, 293 FOR THE BOARD OF HEALTH
ACCOUNT FOR THE ENSUING YEAR
FINANCE COMMITTEE RECOMMENDS
ARTICLE 6 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE, OR
TAKE FROM AVAILABLE FUNDS, THE SUM OF $137 , 645 AS THE TOWN S SHARE OF
SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 1996 .
FINANCE COMMITTEE RECOMMENDS
i
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l ARTICLE 7 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
SUM OF $2, 420 TO BE USED TOWARD THE PURCHASE OF A PHOTOCOPY MACHINE FOR
THE NEWBURY TOWN LIBRARY. SAID FUNDS WILL BE SUPPLEMENTED BY A CON-
TRIBUTION FROM THE FRIENDS OF THE NEWBURY TOWN LIBRARY.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 8 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
SUM OF $3 , 097 FOR USE BY THE ESSEX COUNTY MOSQUITO PROJECT TO BE USED
TO MAINTAIN ITS PROGRAM OF TRAPPING THE ADULT GREENHEAD FLIES DURING
THE SUMMER OF 1995 .
FINANCE COMMITTEE RECOMMENDS
ARTICLE 9 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AS
REQUIRED BY SECTION 4 , OF CHAPTER 112, OF THE ACTS OF 1931, THE SUM
OF ($1 . 00) ONE DOLLAR FOR THE NECESSARY MAINTENANCE DURING THE ENSUING
YEAR OF THE MOSQUITO CONTROL WORKS CONSTRUCTED IN THE TOWN.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 10 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
SUM OF $12, 000 TO BE USED FOR ARCHITECT' S SCHEMATIC DRAWINGS FOR THE
NEWBURY TOWN LIBRARY. THIS IS A PREREQUISITE TO APPLY FOR STATE GRANT
MONEY FOR AN IMPROVED LIBRARY FACILITY.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 11 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM IN-
DICATED FOR EACH OF THE FOLLOWING EIGHT OFFSET ACCOUNTS FOR FY96 . EACH
SUM TO BE TAKEN FROM THE RESPECTIVE ACCOUNT' S FY95 RECEIPTS.
WIRE INSPECTOR' S EXPENSE $6, 000
GAS INSPECTOR' S EXPENSE $3 , 000
BOARD OF HEALTH AGENT' S EXPENSE $8, 000
FIRE PROTECTION INSPECTOR' S EXPENSE $3 , 000
PLUMBING INSPECTOR' S EXPENSE $4, 000
PARKING CLERK' S EXPENSE $2, 300
CLAM FLATS EXPENSE $7 , 000
LIBRARY PUBLIC PHOTOCOPIER EXPENSE $ 700
TOTAL $34 , 000
FINANCE COMMITTEE RECOMMENDS
APRIL 25, 1995 PAGE 3
ARTICLE 12 . TO SEE IF THE TOWN WILL VOTE TO ACCEPT CHAPTER 59, SECTION
57C OF THE MASSACHUSETTS GENERAL LAWS, AS AMENDED, TO PERMIT THE TOWN
OF NEWBURY TO SEND OUT TAX BILLS ON A QUARTERLY BASIS, OR TAKE ANY OTHER
ACTION THEREON. THIS PROCESS WOULD BEGIN WITH FY 1996 TAX BILLS.
SPONSORED BY TREASURER/TAX COLLECTOR
FINANCE COMMITTEE RECOMMENDS
ARTICLE 13 . TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
SUM OF $50, 000 FOR HIGHWAYS, BRIDGES AND SIDEWALKS.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 14 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE $202, 989 . 00
FROM CHAPTER 90 AVAILABLE FUNDS PURSUANT TO CHAPTER 85 OF THE ACTS OF
1994 .
ARTICLE 15 . TO SEE IF THE TOWN WILL VOTE TO ASSUME LIABILITY IN THE
MANNER PROVIDED BY SECTION 29 , OF CHAPTER 91 OF THE GENERAL LAWS, AS
MOST RECENTLY AMENDED BY CHAPTER 5, ACTS OF 1955, FOR ALL DAMAGES THAT
MAY BE INCURRED BY WORK TO BE PERFORMED BY THE DEPARTMENT OF PUBLIC
WORKS OF MASSACHUSETTS FOR THE IMPROVEMENT, DEVELOPMENT, MAINTENANCE,
AND PROTECTION WITHIN THE TOWN OF NEWBURY, OF TIDAL AND NON-TIDAL RIVERS
AND STREATMS, HARBORS, TIDEWATERS, FORESHORES AND SHORES ALONG A PUBLIC
BEACH, INCLUDING THE MERRIMAC RIVER, IN ACCORDANCE WITH SECTION 11 OF
CHAPTER 91 OF THE GENERAL LAWS, AND AUTHORIZE THE SELECTMEN TO EXECUTE
AND DELIVER A BOND OF INDEMNITY THEREFORE TO THE COMMONWEALTH.
ARTICLE 16 . TO SEE FI THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF
SELECTMEN TO ENTER INTO A CONTRACT WITH THE DEPARTMENT OF PUBLIC WORKS
AND THE COUNTY COMMISSIONERS FOR THE CONSTRUCTION AND MAINTENANCE OF
PUBLIC HIGHWAYS FOR THE ENSUING YEAR.
ARTICLE 17 . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE
OF THE "DOG FUND" AS A REVOLVING FUND ACCOUNT. FUNDING SHALL BE FROM
LICENSE FEES, LATE FINES, OR ANY OTHER DESIGNATED SOURCES AND WILL BE
SUBJECT TO ALL PROVISIONS OF SEC. 53E 2 OF CHAPTER 44 MGL. THE ANIMAL
CONTROL OFFICER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO
SPEND $4, 000 DURING THE NEXT FISCAL YEAR FOR ANIMAL CONTROL EXPENSES .
FINANCE COMMITTEE RECOMMENDS
ARTICLE 18 . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE
OF THE "MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE FUND" AS
ESTABLISHED BY CLAUSE 72 . SEC. 5 , CHAPTER 40 MGL AS A REVOLVING FUND
ACCOUNT.
FUNDING IN ADDITION TO THAT REQUIRED BY CLAUSE (i) SEC. 2,
CHAPTER 60B MGL SHALL BE BY SUMS RECEIVED FROM WATERWAYS FEES, PERMITS, j
FINES OR ANY OTHER DESIGNATED SOURCES SUBJECT TO ALL PROVISIONS OF
SEC. 53E z OF CHAPTER 44 MGL. THE HARBORMASTER WITH THE APPROVAL OF
THE SELECTMEN IS AUTHORIZED TO SPEND $22, 066 DURING THE NEXT FISCAL YEAR.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 19 . TO SEE IF THE TOWN WILL VOTE TO CONSOLIDATE AND AMEND ALL
CURRENT DOG BY-LAWS AND REGULATIONS INTO A NEW TOWN DOG BY-LAW TO READ
AS FOLLOWS:
SECTION I . LICENSING
A. ALL DOGS 4 MONTHS OLD OR OVER MUST BE LICENSED AND TAGGED.
LICENSING WILL BE DONE THRU THE TOWN CLERK' S OFFICE. THE
OWNER OR KEEPER OF AN UNLICENSED DOG AFTER JUNE 1ST WILL BE
FINED $10 . 00 PER DOG PER MONTH OF VIOLATION.
B. LICENSING FEES SHALL BE $5 . 00 FOR MALES AND SPAYED FEMALES,
$10 . 00 FOR UNSPAYED FEMALES. THE LICENSE FEE FOR UNNEUTERED
MALE DOGS WILL INCREASE TO $10 . 00 EFFECTIVE WITH THE 1996
LICENSES.
NEW KENNEL LICENSES ARE ISSUED ONLY WITH THE APPROVAL OF THE
ACO.
KENNEL FEES : 4 DOGS $15 . 00, 10 DOGS $35 . 00, OVER 10 DOGS $75 . 00,
BUSINESS KENNEL $100 . 00 .
C. ANYONE WISHING TO SELL DOGS NOT RAISED BY THEM OR TO MAINTAIN
A BUSINESS KENNEL FOR THE PURPOSE OF SELLING DOGS OF ANY AGE
SHALL APPLY IN WRITING TO THE BOARD OF SELECTMEN. THE SELECT-
MEN SHALL HOLD A PUBLIC HEARING ON THE REQUEST. THE PETITIONER
MUST NOTIFY ALL ABUTTERS WITHIN 300 ' BY REGISTERED MAIL AND
- _APRIL 25, 1995 PAGE 4
I� ADVERTISE THE HEARING IN THE NEWBURYPORT DAILY NEWS AT
LEAST 10 DAYS BEFORE THE HEARING DATE. WITHIN 21 DAYS AFTER
THE HEARING, THE SELECTMEN SHALL EITHER DENY TH REQUEST OR
APPROVE WITH ANY RESTRICTIONS THEY DEEM NECESSARY.
D. ANYONE MAINTAINING SUCH A BUSINESS WITHOUT A PROPER LICENSE
SHALL BE SUBJECT TO A $100 FINE. EACH DAY SHALL CONSTITUTE A
VIOLATION.
E. THE KEEPING OF A FEMALE DOG AND OCCASIONALLY HAVING A LITTER
OF PUPPIES SHALL NOT CONSTITUTE A BUSINESS
F ALL MONIES COLLECTED FOR LICENSES AND FINES SHALL BE RETAINED
BY THE TOWN IN THE DOG FUND. A REVIEW OF THESE FEES MAY BE
j HELD BY THE SELECTMEN, TOWN CLERK, AND THE ACO WHENEVER DEEMED
NECESSARY. i
SECTION II . ENFORCEMENT '
A. THE ACO SHALL ATTEND TO ALL COMPLAINTS AND OTHER MATTERS PER-
TAINING TO DOGS AND MAY TAKE WHATEVER LEGAL ACTION HE THINKS
IS NECESSARY.
B. IF THE ACO DETERMINES THAT A BITCH IN HEAT, EVEN WHEN CONFINED,
IS ATTRACTING OTHER DOGS THUS CAUSING A DISTURBANCE OR DAMAGE
TO NEIGHBORING PROPERTY OR PUBLIC AREAS, HE MAY REQUIRE THE
OWNER OR KEEPER OF SAID BITCH TO KEEP HER IN A KENNEL OR REMOVE
HER FROM THE AREA UNTIL OUT OF HEAT.
THE ACO IS AUTHORIZED TO REQUIRE OWNERS OR KEEPERS OF DOGS TO
RESTRAIN THEIR DOGS FROM RUNNING AT LARGE IN SCHOOLS, SCHOOL
PLAYGROUNDS, PARKS OR PUBLIC RECREATION AREAS . HE MAY ALSO
REQUIRE OWNERS OR KEEPERS OF DOGS TO RESTRAIN THEIR DOGS FROM
RUNNING AT LARGE WHEN HE DETERMINES THAT ANY SUCH DOG IS AN
ANNOYANCE, IS DANGEROUS, OR IS KNOWN TO CAUSE DAMAGE IN A
NEIGHBORHOOD.
THE OWNER OR KEEPER OF A DOG, ABOUT WHICH THE ACO HAS ISSUED
AN ORDER UNDER THE ABOVE SECTIONS OF THIS BY-LAW, WHO WISHES
TO APPEAL SAID ORDER MAY MAKE SUCH APPEAL IN WRITING TO THE
BOARD OF SELECTMEN WITHIN TEN DAYS OF THE ISSUANCE OF THE ORDER.
THE BOARD OF SELECTMEN MAY SETTLE THE CASE AFTER HOLDING A
PUBLIC HEARING OVERRULING THE ACO. BY AGREEMENT WITH THE
APELLANT, OR BY INSTRUCTING THE ACO TO PROCEED WITH ENFORCEMENT
PROCEDURES AS SET FORTH IN CHAPTER 140 , SECTION 173A OF THE
GENERAL LAWS. IF THE OWNER OR KEEPER FAILS TO COMPLY WITH
THE ORDER OF THE ACO AND DOES NOT APPEAL TO THE BOARD OF SELECT-
MEN, THE ACO SHALL PROCEED TO ENFORCE HIS ORDER AS PROVIDED
BY LAW.
C. IF A DOG ABOUT WHICH AN ORDER HAS BEEN ISSUED IS AGAIN AT
LARGE AND PICKED UP BY THE ACO, THE OWNER MAY BE CHARGED A
PICK UP FEE OF $50 .00 TO BE PAID BEFORE THE DOG IS RELEASED.
D. THE ACO IS AUTHORIZED TO CHARGE A PICK UP FEE OF $25 . 00 ON
STRAY DOGS .
E. NO PERSON, BEING THE OWNER OR KEEPER OF A DOG, SHALL ALLOW SAID
DOG TO BE ON ANY PART OF THE PUBLIC BEACH BETWEEN THE HOURS OF
8 : 30 AM AND 5 : 30PM DAILY FROM MAY 15 TO SEPT. 15 INCLUSIVE.
VIOLATORS SHALL BE FINED $25 FOR THE FIRST OFFENSE, $35 ''FOR THE
SECOND AND $50 FOR THE 3RD AND SUBSEQUENT OFFENSES WITHIN ONE
SEASON. FINES TO BE PAID BEFORE THE DOG IS RELEASED.
BY PETITION OF RICHARD N. CUNNINGHAM AND OVER 10 OTHERS
ARTICLE 20 . TO SEE IF THE TOWN WILL VOTE TO NAME THE NEW SENIOR CENTER
AT THE NEWBURY ELEMENTARY SCHOOL THE F. RYEBURN LYNCH SENIOR CENTER.
ARTICLE 21 . TO SEE IF THE TOWN WILL VOTE TO CONVEY TO THE BYFIELD WATER
DISTRICT WITHOUT CONSIDERATION A CERTAIN PARCEL OF LAND OFF ORCHARD ST .
CONTAINING NINE (9) ACRES AND BEING SHOWN AS PARCEL 2 ON ASSESSORS ' MAP
I R-38, TO ASSIST THE DISTRICT IN THE DEVELOPMENT OF A NEW WELL-FIELD AND
G TO AUTHORIZE THE BOARD OF SELECTMEN TO EXECUTE AND DELIVER IN THE NAME
AND ON BEHALF OF THE TOWN THE DEED AND ANY OTHER DOCUMENTS NECESSARY OR
CONVENIENT TO CARRY OUT THIS VOTE.
THIS CONVEYANCE WILL BE CONDITIONAL UPON THE DISTRICT REACHING AN AGREE-
MENT WITH THE DIVISION OF FISHERIES AND WILDLIFE OF THE COMMONWEALTH OF
MASSACHUSETTS FOR AN EXCHANGE. OF THE PARCEL FROM THE TOWN FOR A PARCEL OF
APRIL 25, 1995 PAGE 5
STATE LAND WITHIN THE 400 FOOT RADIUS OF THE PROP(PSED WELL AND CONDITIONAL
ALSO UPON THE DISTRICT ASSUMING ALL COSTS INVOLVED IN THE CONVEYANCE BY
THE TOWN.
ARTICLE 22 . TO SEE IF THE TOWN WILL VOTE TO ACCEPT THE REMAINDER OF
GREENTREE LANE, NOT INCLUDING THE ROAD KNOWN AS CROSS STREET, AS A
TOWN ROAD.
PLANNING BOARD RECOMMENDS
ARTICLE 23 . TO SEE IF THE TOWN WILL VOTE TO CHANGE THE TERM OF OFFICE
FOR TOWN CONSTABLES EFFECTIVE WITH THE 1998 ANNUAL ELECTION. FOUR CON-
STABLES WOULD BE ELECTED WITH THE HIGHEST VOTE SERVING FOUR YEARS, NEXT
THREE, TWO AND ONE RESPECTIVELY. IN SUCCESSIVE YEARS, ONE WOULD BE
ELECTED FOR A TERM FOUR YEARS.
ARTICLE 24 . TO SEE IF THE TOWN WILL VOTE TO AMEND ITS PERSONNEL BY-LAW
AS IT APPLIES TO THE FOLLOWING SECTIONS :
6 . 2 DELETE THE FOLLOWING:
"AND EMPLOYEES UNDER THE DIRECTION AND CONTROL OF THE SCHOOL
COMMITTEE" .
6 . 4 DELETE THE PRESENT SECTION 6 . 4 AND REPLACE WITH THE FOLLOWING:
STEP INCREASES STEP INCREASES MAY BE GRANTED FOR JOB PRO-
MOTIONS, JOB UPGRADES, OR GENERAL WAGE INCREASES. SAID IN-
CREASES IF GRANTED SHALL BE SUBJECT TO SECTIONS 7 . 1B AND 7 . 1C.
7 . 1 DELETE SECTION C AND REPLACE WITH A NEW SECTION TO READ AS
FOLLOWS:
ALL PROMOTIONS OR UPGRADES MUST BE APPROVED BY THE EMPLOYEES '
DEPARTMENT HEAD AND/OR THE APPOINTING AUTHORITY OF THE TOWN
PRIOR TO APPROVAL BY THE PERSONNEL BOARD.
8 . 1 AMEND TO READ AS FOLLOWS:
THE ADMINISTRATIVE WORK WEEK FOR ALL EMPLOYEES OF THE TOWN SHALL
BE ESTABLISHED BY THE DEPARTMENT HEAD AND/OR APPOINTING AUTHORITY.
8 . 3 CHANGE "CALENDAR WEEK: TO READ "WORK WEEK" .
11 . 1 DELETE THE WORD "FULL-TIME"
11 . 2 INSERT A NEW SECTION C TO READ AS FOLLOWS:
PERMANENT PART-TIME EMPLOYEES SHALL BE ENTITLED TO VACATION
LEAVE AS FOLLOWS :
AN EMPLOYEE WITH ONE (1) YEAR OF CONTINUOUS EMPLOYMENT WITH
THE TOWN SHALL BE ENTITLED TO FOUR (4) HOURS VACATION LEAVE
FOR EVERY ONE HUNDRED (100) HOURS WORKED OR PART THEREOF BASED
ON THE PREVIOUS 52 WEEKS.
11 . 3 CHANGE "HIS VACATION" TO READ "THEIR VACATION"
11 . 5 DELETE
12 . 1B 12 . 1C AND 12 . 4 CHANGE THE WORD "HIS" TO "THEIR" .
ARTICLE 25 TO SEE IF THE TOWN WILL AMEND THE ZONING-BY-LAW BY CHANGING
SECTIONS 4 . 4 . 1 . 18 AND 4 . 8 . 1 . 15 THE FOLLOWING USES:
NON-PROFIT RECREATIONAL FACILITIES .
RECREATIONAL FACILITIES FOR GAINFUL BUSINESS ARE ALLOWED ONLY BY SPECIAL
PERMIT FROM THE BOARD OF SELECTMEN ACCORDING TO THE PROVISIONS OF CHAPTER
40A FO THE GENERAL LAWS, PROVIDED THE SELECTMEN FIND, AFTER A PUBLIC
HEARING OF WHICH DUE NOTICE IS GIVEN, THAT THE PROPOSED RECREATIONAL USE,
BUILDING OR STRUCTURE IS : FOR THE BEST INTEREST OF THE TOWN: IS NOT
INJURIOUS OR OBNOXIOUS TO THE NEIGHBORING PROPERTIES AND WILL NOT AD-
VERSELY AFFECT THE SURROUNDING AREA: WILL SATISFY A COMMUNITY NEED OR
CONVENIENCE NOT OTHERWISE BEING SERVED: THAT THE PARKING, LOADING AND
DIMENSIONAL CONTROL REQUIREMENTS OF THIS ORDINANCE ARE MET: AND THAT THE
RECREATION BUSINESS IS IN THE INTEREST OF THE COMMON GOOD. THE PLAN MUST
BE REVIEWED AND A RECOMMENDATION MADE TO THE BOARD OF SELECTMEN BY THE
PLANNING BOARD, THE BOARD OF ENGINEERS, PUBLIC SAFETY, AND THE BOARD OF
HEALTH.
PLANNING BOARD RECOMMENDS .
APRIL 25, 1995 PAGE 6
ARTICLE 26 . TO SEE IF THE TOWN WILL VOTE TO AMEND THE ZONING-BY-LAW BY
ADDING UNDER USE REGULATIONS, AGRICULTURAL/RESIDENTIAL, A NEW SECTION
4 . 1 . 4 AND IN A BUSINESS DISTRICT, A NEW SECTION 4 . 3 . 1 . 9, TO READ AS
FOLLOWS:
BED AND BREAKFAST: AFTER AN INITIAL PUBLIC HEARING AND WITH A SPECIAL
PERMIT GRANTED FROM THE BOARD OF SELECTMEN, TO BE RENEWED ANNUALLY, AN
OWNER-OCCUPIED AND OPERATED DWELLING OF RESIDENTIAL CHARACTER MAY BE USED
AS A BED AND BREAKFAST FOR THE LODGING OF OVERNIGHT GUESTS PROVIDED SUCH
DWELLING AND THE OPERATION THEREOF MEETS ALL OF THE FOLLOWING CONDITIONS:
1. SAID BED AND BREAKFAST SHALL NOT HAVE MORE THAN FOUR BEDROOMS
(EXCLUDING THE OWNERS PRIVATE QUARTERS) .
2 . GUEST ROOMS SHALL CONTAIN NO INDIVIDUAL COOKING FACILITIES.
3 . BREAKFAST MAY BE PROVIDED TO GUESTS FROM A CENTRAL KITCHEN AND
SHALL BE LIMITED TO THOSE WHO ARE PERMANENT RESIDENTS AND PAYING
OVERNIGHT GUESTS.
4 . THE USE OF SAID BED AND BREAKFAST SHALL BE CLEARLY INCIDENTAL TO
THE PRIMARY RESIDENTIAL USE OF THE DWELLING.
THE PURPOSE OF THIS BY-LAW IS TO ALLOW THE USE OF LARGER HOMES AS A BED
AND BREAKFAST, BUT THE INTENT IS NOT TO ALLOW STRUCTURAL OR APPEARANCE
CHANGES TO FACILITATE THIS USE.
THE APPLICANT MUST DEMONSTRATE THAT NO VISIBLE EXTERIOR ALTERATIONS WILL
OCCUR: THAT ADEQUATE PARKING CAN BE PROVIDED : AND THAT THE STRUCTURE AND
USE CONFORM TO ALL PERTINENT BOARD OF HEALTH AND BOARD OF FIRE ENGINEERS
REGULATIONS, AND TO THE REGULATIONS OF ANY OTHER BODY THAT MAY HAVE
JURISDICTION.
PLANNING BOARD RECOMMENDS .
ARTICLE 27 . TO MEET ON TUESDAY, MAY 9, 1995 , IN OUR RESPECTIVE VOTING
DISTRICTS FOR THE ELECTION OF TOWN OFFICERS TO FILL THE FOLLOWING
POSITIONS, VIZ : SELECTMAN, ASSESSOR, THREE REGIONAL SCHOOL COMMITTEE
MEMBERS, FISH COMMISSIONER, LIBRARY TRUSTEE, FOUR CONSTABLES ALL FOR TERMS
OF THREE YEARS, TREE WARDEN FOR ONE YEAR, PLANNING BOARD MEMBER FOR FIVE
YEARS AND LIBRARY TRUSTEE FOR A ONE YEAR UNEXPIRED TERM.
THE POLLS WILL BE OPEN AT 7A.M. AND CLOSE AT 8 : OOP.M.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED
COPY THEREOF IN EACH VOTING PRECINCT, SEVEN 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 11TH DAY OF APRIL, 1995 .
SELECTMEN, TOWN OF NEWBURY A TRUE 9P ATTEST:
�rx _ Li"' 1 GCS
MARC J. P$ R'E, TOWN CLERK
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: 4/11/95 CONSTABLE RICHARD N. CUNNINGHAM
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: 4/12/95 CONSTABLE RICHARD N. CUNNINGHAM
TOWN OF NEWBURY
ANNUAL TOWN MEETING
APRIL25 , 1995
RESULTS
THE MEETING WAS CALLED TO ORDER AT 7 : 30PM BY THE MODERATOR, RICHARD JOY.
THE CALL AND RETURN WERE READ BY THE TOWN CLERK.
AFTER THE PLEDGE OF ALLEGIANCE - A MOMENT OF SILENCE WAS OBSERVED FOR THOSE
WHO HAD DIED SINCE THE LAST MEETING.
ARTICLE-.1. MOVED AND SECONDED TO ACCEPT THE REPORTS OF THE SELECTMEN,
TREASURER, COLLECTOR, AUDITOR, SCHOOL COMMITTEE, SPECIAL COMMITTEES, AND
ALL OTHER TOWN OFFICERS AS PRINTED. VOTED PASSED.
ARTICLE 2 . CHAIRMAN OF THE FINANCE COMMITTEE, ROBERT WOOLF, EXPLAINED THE
FINANCIAL STATE OF THE TOWN, ESTIMATED INCOME AND EXPENSES .
THE ARTICLE WAS MOVED, SECONDED AND READ WITH A HOLD ON HIGHWAY EXPENSE.
MR. MOUNTAIN QUESTIONED THE INCREASE. MR. WOOLF EXPLAINED THAT A NEW MAN
HAD BEEN ADDED, AND ONE HAD BEEN UPGRADED AND ALL TOWN EMPLOYEES HAD RE-
CEIVED A 3% SALARY INCREASE.
THE ANNUAL BUDGET OF $2, 454 , 292 PASSED FOR FISCAL 1996 .
FY96
MODERATOR' S SALARY $ 100
SELECTMEN' S SALARIES 15, 500
SELECTMEN' S EXPENSE 11, 650
SELECTMEN' S SECRETARY 25, 966
TOWN HALL ADM SERVICE 30, 900
RESERVE FUND 25, 000
ACCOUNTANT' S SALARY 25, 709
ACCOUNTANT' S EXPENSE 2, 535
ASSESSORS ' SALARIES 7 , 961
ASSESSORS ' EXPENSE 54, 727
AUDIT TOWN BOOKS 19, 180
TREASURER' S SALARY 17 , 246
COLLECTOR' S SALARY 17 , 246
TREASURER-COLLECTOR EXPENSE 42 , 595
LEGAL EXPENSE 25 , 000
PERSONNEL BOARD 500
COMPUTER ACCOUNT 2, 500
TOWN CLERK' S SALARY 27 , 200
TOWN CLERK' S EXPENSE 6, 700
ELECTION EXPENSE 5, 000
REGISTRARS VOTERS SALARIES 550
I REGISTRARS VOTERS EXPENSE 5, 500
CONSERVATION COMM. EXPENSE 8, 684
TREE WARDEN SALARY 2, 123
TREE WARDEN EXPENSE 15, 000
PLANNING BOARD EXPENSE 3 , 200
SUB DIVISION EXPENSE 500
MASTER PLAN 3 , 500
MERRIMACK VALLEY PLANNING COMM. 1, 636
ZONING BOARD OF APPEALS 709
TOWN HALLS MAINT. EXPENSE 40 , 000
TOWN REPORTS 2 , 500
INSURANCE EXPENSE 122, 000
POLICE DEPARTMENT EXPENSE 601, 291
FIRE PROTECTION 217 , 639
FOREST FIRES 2, 830
FIRE ALARM MAINT. EXPENSE 2, 500
HYDRANT SERVICE 10, 263
AMBULANCE SERVICE 43 , 000
BUILDING INSPECTOR SALARY 26, 512
BUILDING INSPECTOR EXPENSE 14, 731
SEALER OF WEIGHTS & MEASURES 1, 000
CIVIL DEFENSE 1, 000
ACO SALARY 15 , 450
VOCATIONAL TRANSPORTATION 6, 700
HIGHWAY LABOR 146 , 281
HIGHWAY SUPT. SALARY 37 , 866
SNOW REMOVAL 60, 000
STREET LIGHTING 38, 000
HIGHWAY MAINTENANCE 70, 000
TRUCK MAINTENANCE 50 , 000
GARAGE MAINTENANCE 15, 000
CEMETERIES EXPENSE 3 , 000
APRIL 25, 1995 PAGE 2
COUNCIL ON AGING EXPENSE 34, 850
VETERANS SERVICES 12, 500
NEWBURY TOWN LIBRARY 126, 680
LIFEGUARD EXPENSE 34, 962
PARKS EXPENSE 34 , 370
HISTORIC COMMISSION 650
HISTORIC RECORDS PRESERVATION 3 , 500
MEMORIAL DAY 600
INTEREST 6 , 500
HEALTH INSURANCE 240, 000
EMPLOYEE LIFE INSURANCE 750
FICA MEDICARE 26, 000
CONSERVATION FUND 750
ARTICLE 2 TOTALS $2, 454 , 292
ARTICLE 3 . MOVED AND SECONDED, MR. WOOLF INTRODUCED DR. MURPHY WHO EXPLAINED
THAT BECAUSE OF A CHANGE IN THE STATE FORMULA, OUR MINIMUM WILL BE INCREASED
AND MORE MONEY WILL HAVE TO BE VOTED IN THE FALL.
VOTED PASSED THE SUM OF $3 , 789, 960 FOR TRITON.
ARTICLE 4 . MOVED, SECONDED AND VOTED PASSED THE SUM OF $106, 566 FOR
WHITTIER.
ARTICLE 5 . MOVED AND SECONDED, THE SUM OF $268, 293 FOR THE BOARD OF HEALTH
ACCOUNT FOR THE ENSUING YEAR. QUESTIONS WERE ASKED RELATIVE TO THE BREAK-
DOWN OF THIS AMOUNT AND THE BONDING PREVIOUSLY VOTED. MR. MACHIROS EX-
PLAINED THE MINING FUNDING AND OPTIONS SUCH AS THREE AND ONE HALF MILLION
TO CAP, SEAL AND PROVIDE PICK-UP SERVICE OR THREE AND ONE HALF MILLION OVER
THE NEXT TEN YEARS EXTENDING TO FIFTEEN YEARS WITHOUT PICK-UP. WE ARE
HOPING FOR NEW TECHNOLOGY AND STATE FUNDING BEFORE MORE BONDING IS NECESSARY.
QUESTION MOVED. VOTED PASSED
ARTICLE 6 . MOVED, SECONDED AND PASSED $137 , 645 FOR ESSEX COUNTY RETIREMENT.
ARTICLE 7 . MOVED, SECONDED AND VOTED PASSED $2 , 420 TO BE USED TOWARD THE
PURCHASE OF A PHOTOCOPY MACHINE FOR THE TOWN LIBRARY.
ARTICLE 8 . MOVED, SECONDED AND VOTED PASSED $3 , 097 FOR ESSEX COUNTY
j MOSQUITO CONTROL OF GREENHEADS .
I
ARTICLE 9 . MOVED, SECONDED AND VOTED PASSED ONE DOLLAR FOR MOSQUITO
CONTROL.
ARTICLE 10 . MOVED, SECONDED AND PASSED $12, 000 FOR ARCHITECT' S SCHEMATIC
DRAWINGS FOR THE NEWBURY TOWN LIBRARY.
ARTICLE 11 . MOVED, SECONDED AND VOTED PASSED THE FOLLOWING OFFSET ACCOUNTS
FOR FY96 .
Il WIRE INSPECTOR' S EXPENSE $6 , 000
GAS INSPECTOR' S EXPENSE $3 , 000 1
BOARD OF HEALTH AGENT' S EXPENSE $8, 000
FIRE PROTECTION INSPECTOR' s EXPENSE $3 , 000
PLUMBING INSPECTOR' S EXPENSE $4 , 000
PARKING CLERK EXPENSE $2 , 300
CLAM FLATS EXPENSE $7 , 000
LIBRARY PUBLIC PHOTOCOPIER EXPENSE $ 700
TOTAL $34 , 000
ARTICLE 12 . MOVED, SECONDED AND AFTER AN EXPLANATION, VOTED PASSED TO
ACCEPT CHAPTER 59 . SECTION 57C OF THE MASSACHUSETTS GENERAL LAWS, AS
AMENDED, TO PERMIT THE TOWN TO SEND OUT TAX BILLS ON A QUARTERLY BASIS
BEGINNING WITH FY 1996 BILLS.
ARTICLE 13 . MOVED, SECONDED AND AFTER AN EXPLANATION, VOTED PASSED $50, 000
FOR HIGHWAYS, BRIDGES AND SIDEWALKS.
ARTICLE 14 . MOVED AND SECONDED. MR. WOOL' EXPLAINED THIS WAS REIMBURSEMENT
MONEY. VOTED PASSED $202, 989 . 00 FROM CHAPTER 90 AVAILABLE FUNDS .
ARTICLE 15 . MOVED, SECONDED AND VOTED PASSED.
ARTICLE 16 . MOVED, SECONDED AND VOTED PASSED.
ARTICLE 17 . MOVED, SECONDED AND PASSED $4 , 000 FOR ANIMAL CONTROL EXPENSES .
APRIL 25, 1995 PAGE 3
ARTICLE 18 . MOVED AND SECONDED. MR. WOOLF EXPLAINED THE REVOLVING ACCOUNT.
VOTED PASSED $22, 066 FOR THE HARBORMASTER.
ARTICLE 19 . MOVED AND SECONDED. RICHARD CUNNINGHAM EXPLAINED THE CHANGES
FROM THE PRESENT REGULATIONS . A MOTION WAS MADE AND SECONDED TO AMEND SEC-
TION I . SECTION A. BY INSERTING "OF EACH YEAR" AFTER JUNE 1ST AND SPELLING
OUT ANIMAL CONTROL OFFICER IN PLACE OF ACO IN THE ENTIRE ARTICLE. AMEND-
MENT VOTED PASSED. AMENDED ARTICLE VOTED PASSED BY UNANIMOUS VOTE TO CON-
SOLIDATE AND AMEND ALL CURRENT DOG BY-LAWS AND REGULATIONS INTO A NEW TOWN
DOG BY-LAW TO READ AS FOLLOWS:
SECTION I LICENSING
A. ALL DOGS 4 MONTHS OLD OR OVER MUST BE LICPNSED AND TAGGED. LI
CENSING WILL BE DONE THRU THE TOWN CLERK' S OFFICE THE OWNER OR
KEEPER OF AN UNLICENSED DOG AFTER JUNE 1ST OF EACH YEAR WILL BE
FINED $10 . 00 PER DOG PER MONTH OF VIOLATION.
B. LICENSING FEES SHALL BE $5 . 00 FOR MALES AND SPAYED FEMALES. $10 . 00
FOR UNSPAYFD FEMALES. THE LICENSE FEE FOR UNNEUTERED MALE DOGS
WILL INCREASE TO $10 . 00 EFFECTIVE WITH THE 1996 LICENSES .
NEW KENNEL LICENSES ARE ISSUED ONLY WITH THE APPROVAL OF THE
ANIMAL CONTROL OFFICER
KENNEL FEES: 4 DOGS $15 . 00 . 10 DOGS $35 . 00 . OVER 10 DOGS $75 . 00 .
BUSINESS KENNEL $100 .
C. ANYONE WISHING TO SELL DOGS NOT RAISED BY THEM OR TO MAINTAIN A
BUSINESS KENNEL FOR THE PURPOSE OF SELLING DOGS OF ANY AGE SHALL
APPLY IN WRITING TO THE BOARD OF SELECTMEN. THE SELECTMEN SHALL
HOLD A PUBLIC HEARING ON THE REQUEST. THE PETITIONER MUST NOTIFY
ALL ABUTTERS WITHIN 300 ' BY REGISTERED MAIL AND ADVERTISE THE
HEARING IN THE NEWBURYPORT DAILY NEWS AT LEAST 10 DAYS BEFORE THE
HEARING DATE. WITHIN 21 DAYS AFTER THE HEARING, THE SELECTMEN
SHALL EITHER DENY THE REQUEST OR APPROVE WITH ANY RESTRICTIONS
THEY DEEM NECESSARY.
D. ANYONE MAINTAINING SUCH A BUSINESS WITHOUT A PROPER LICENSE SHALL
BE SUBJECT TO A $100 FINE. EACH DAY SHALL CONSTITUTE A VIOLATION.
E. THE KEEPING OF A FEMALE DOG AND OCCASIONALLY HAVING A LITTER OF
PUPPIES SHALL NOT BE CONSIDERED A BUSINESS.
F. ALL MONIES COLLECTED FOR LICENSES AND FINES WILL BE RETAINED BY
THE TOWN IN THE DOG FUND. A REVIEW OF THESE FEES MAY BE HELD BY
THE SELECTMEN, TOWN CLERK, AND THE ANIMAL CONTROL OFFICER WHEN-
EVER DEEMED NECESSARY.
SECTION II ENFORCEMENT
A. THE ANIMAL CONTROL OFFICER SHALL ATTEND TO ALL COMPLAINTS AND
OTHER MATTERS PERTAINING TO DOGS AND MAY TAKE WHATEVER LEGAL
ACTION HE THINKS IS NECESSARY.
B. IF THE ANIMAL CONTROL OFFICER DETERMINES THAT A BITCH IN HEAT,
EVEN WHEN CONFINED, IS ATTRACTING OTHER DOGS THUS CAUSING A
DISTURBANCE OR DAMAGE TO NEIGHBORING PROPERTY OR PUBLIC AREAS,
HE MAY REQUIRE THE OWNER OR KEEPER OF SAID BITCH TO KEEP HER IN
A KENNEL OR REMOVE HER FROM THE AREA UNTIL OUT OF HEAT.
THE ANIMAL CONTROL OFFICER IS AUTHORIZED TO REQUIRE OWNERS OR
KEEPERS OF DOGS TO RESTRAIN THEIR DOGS FROM RUNNING AT LARGE IN
SCHOOLS. SCHOOL PLAYGROUNDS, PARKS OR PUBLIC RECREATION AREAS .
HE MAY ALSO REQUIRE OWNERS OR KEEPERS OF DOGS TO RESTRAIN THEIR
DOGS FROM RUNNING AT LARGE WHEN HE DETERMINES THAT ANY SUCH DOG
IS AN ANNOYANCE, IS DANGEROUS, OR IS KNOWN TO CAUSE DAMAGE IN
A NEIGHBORHOOD.
ARTICLE 20 . MOVED, SECONDED AND PASSED BY UNANIMOUS VOTE TO NAME THE
NEW SENIOR CENTER AT THE NEWBURY ELEMENTARY SCHOOL THE F. RYEBURN LYNCH
SENIOR CENTER.
I
APRIL 25, 1995 PAGE 4
I
ARTICLE 21. MOVED AND SECONDED. ATTY. JOHN HEALY PRESENTED AN AMENDMENT
IN CASE THE LAND IN QUESTION WAS NOT TOWN LAND. MOVED AND SECONDED TO A-
MEND THE ARTICLE BY INSERTING "OR SUCH OTHER PARCEL OF TOWN-OWNED LAND
WHICH THE BOARD OF SELECTMEN SHALL DETERMINE" AFTER MAP R-38 . MR. MATTHEWS
FELT THE VOTERS SHOULD KNOW WHAT LAND WAS BEING TRANSFERRED AND DECIDE,
NOT THE SELECTMEN. AMENDMENT PASSED BY COUNTED VOTE 64 TO 41 . AMENDED
ARTICLE VOTED PASSED TO CONVEY TO THE BYFIELD WATER DISTRICT WITHOUT CON-
SIDERATION A CERTAIN PARCEL LAND OFF ORCHARD STREET CONTAINING NINE (9)
ACRES AND BEING SHOWN AS PARCEL 2 ON ASSESSORS ' MAP R-38 . OR SUCH OTHER
PARCEL OF TOWN-OWNED LAND WHICH THE BOARD OF SELECTMEN SHALL DETERMINE, TO
ASSIST THE DISTRICT IN THE DEVELOPMENT OF A NEW WELL-FIELD AND TO AUTHOR-
IZE THE BOARD OF SELECTMEN TO EXECUTE AND DELIVER IN THE NAME AND ON BEHALF
OF THE TOWN THE DEED AND ANY OTHER DOCUMENTS NECESSARY OR CONVENIENT TO
CARRY OUT THIS VOTE.
THIS CONVEYANCE WILL BE CONDITIONAL UPON THE DISTRICT REACHING AN AGREEMENT
WITH THE DIVISION OF FISHERIES AND WILDLIFE OF THE COMMONWEALTH OF
MASSACHUSETTS FOR AN EXCHANGE OF THE PARCEL FROM THE TOWN FOR A PARCEL OF
STATE LANE WITHIN THE 400 FOOT RADIUS OF THE PROPOSED WELL AND CONDITIONAL
ALSO UPON THE DISTRICT ASSUMING ALL COSTS INVOLVED IN THE CONVEYANCE BY THE
TOWN.
ARTICLE 22 . MOVED, SECONDED AND VOTED PASSED TO ACCEPT THE REMAINDER OF
GREENTREE LANE, NOT INCLUDING THE ROAD KNOWN AS CROSS STREET, AS A TOWN ROAD.
ARTICLE 23 . MOVED, SECONDED AND VOTED PASSED TO CHANGE THE TERM OF OFFICE
FOR CONSTABLES, EFFECTIVE 1998 .
ARTICLE 24 . MOVED AND SECONDED. MR. LOWELL EXPLAINED THE CHANGES WERE TO
CLARIFY THE SECTIONS, VOTED PASSED TO AMEND THE PERSONNEL BY-LAW AS
PRESENTED.
ARTICLE 25 . MOVED AND SECONDED TO AMEND THE ZONING-BY-LAW BY CHANGING
SECTIONS 4 . 4 . 1 . 18 AND 4.8.1.15. FROM ALL .RECREATIONAL FACILITIES TO THE FOLLOWING:
NON-PROFIT RECREATIONAL FACILITIES .
RECREATIONAL FACILITIES FOR GAINFUL BUSINESS ARE ALLOWED ONLY BY SPECIAL
PERMIT FROM THE BOARD OF SELECTMEN ACCORDING TO THE PROVISIONS OF CHAPTER
40A OF THE GENERAL LAWS, PROVIDED THE SELECTMEN FIND, AFTER A PUBLIC
HEARING OF WHICH DUE NOTICE IS GIVEN, THAT THE PROPOSED RECREATIONAL USE,
BUILDING OR STRUCTURE IS: FOR THE BEST INTEREST OF THE TOWN: IS NOT IN-
JURIOUS OR OBNOXIOUS TO THE NEIGHBORING PROPERTIES AND WILL NOT ADVERSELY
AFFECT THE SURROUNDING AREA: WILL SATISFY A COMMUNITY NEED OR CONVENIENCE
NOT OTHERWISE BEING SERVED: THAT THE PARKING, LOADING AND DIMENSIONAL CON-
TROL REQUIREMENTS OF THIS ORDINANCE ARE MET: AND THAT THE RECREATION BUSI-
NESS IS IN THE INTEREST OF THE COMMON GOOD. THE PLAN MUST BE REVIEWED AND
A RECOMMENDATION MADE TO THE BOARD OF SELECTMEN BY THE PLANNING BOARD,
THE BOARD OF FIRE ENGINEERS, PUBLIC SAFETY, AND THE BOARD OF HEALTH.
MR. SAUNDERS EXPLAINED THE NEED FOR THE CHANGE AND PRESENTED THE REPORT OF
THE PLANNING BOARD HEARING. THE ARTICLE PASSED BY UNANIMOUS VOTE.
ARTICLE 26 . MOVED AND SECONDED TO AMEND THE ZONING BY-LAW BY ADDING UNDER
USE REGULATIONS, AGRICULTURAL/RESIDENTIAL, A NEW SECTION 4 . 1 . 4 AND IN A
BUSINESS DISTRICT, A NEW SECTION 4 . 3 . 1 . 9 . BED AND BREAKFAST, AS PRINTED.
MR. SAUNDERS EXPLAINED THIS WAS THE SAME ARTICLE PASSED LAST YEAR AND RE-
JECTED ON A TECHNICALITY. HE PRESENTED THE REPORT OF THE PLANNING BOARD
HEARING. VOTED PASSED BY UNANIMOUS VOTE.
ARTICLE 27 . MOVED, AND SECONDED AND VOTED TO MEET ON MAY 9TH FOR ELECTION.
123 VOTERS WERE CHECKED IN BY THE REGISTRARS . COUNTERS WERE ARTHUR ALLEN
AND JOHN SALTER JR.
A TRUE COPY ATT ST:
MARCIA J. PE CE, TOWN CLERK
T�
ANNUAL TOWN ELECTION
MAY 9 , 1995
RESULTS
PCT 1 PCT 2 TOTAL
SELECTMAN
* ANGIE MACHIROS 659 373 1032
SAMUEL C. NOYES 135 109 244
ASSESSOR
* WORTHEN TAYLOR JR 560 336 896
JOHN N. PAGLEY 212 106 315
TRITON REGIONAL SCHOOL COMMITTEE FOR THREE YEARS
NEWBURY
JOAN M. WEYBURN 606 343 949
SALISBURY
ALANA L. CONTI 491 279 770
ROWLEY
CHERYL T. DRAPER 478 278 756
TREE WARDEN
RONALD 0. PEARSON 578 382 960
CONSTABLE FOR THREE YEARS
* CHARLES D. "CHUCK" BEAR 522 331 853
* JAMES A. CUNNINGHAM 548 286 834
* RICHARD N. CUNNINGHAM 631 368 999
* MARGARET M. STONE 489 234 723
SHAWN D. ROCK 219 285 504
LIBRARY TRUSTEE
PATSY J. BROWN 638 373 1011
LIBRARY TRUSTEE UNEXPIRED TERM
* MARILYN HERSHFIELD 584 349 933
i
FISH COMMISSIONER
* H. VERNE NOYES 636 347 983
JOHN A. FADOR 141 89 230
PLANNING BOARD FOR FIVE YEARS
BRUCE SAUNDERS 600 351 951
i
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I
TOWN OF NEWBURY
SPECIAL TOWN MEETING
JUNE 27 , 1995
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 NEWBURY TOWN HALL, 25 HIGH ROAD IN SAID
TOWN OF NEWBURY ON TUESDAY, THE 27TH OF JUNE AT 7 : 30 P.M. TO ACT ON THE
FOLLOWING ARTICLES . VIZ :
ARTICLE ! . TO SEE IF THE TOWN WILL VOTE TO HOLD OVER ANY UNEXPECTED FY95
BALANCES IN THE FOLLOWING ACCOUNTS UNTIL SPENT OR TRANSFERRED: RESERVE
FUND, HIGHWAY MAINTENANCE ACCOUNTS, BOARD OF HEALTH.
ARTICLE 2 . TO SEE IF THE TOWN WILL VOTE TO TRANSFER ANY UNEXPECTED BAL-
ANCES IN ALL OTHER FY95 ACCOUNTS TO THE RESERVE FUND.
ARTICLE 3 . TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE AN ADDITIONAL SUM
OF $32, 000 . 00 TO THE TOWN HALL MAINTENANCE ACCOUNT FOR FY96 . $24, 500 . 00 IS
FOR ADDITIONAL OFFICE SPACE CONSTRUCTION COSTS. SAID SUM TO BE TAKEN FROM
THE STABILIZATION FUND.
ARTICLE 4 . TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE SELECTMEN TO
NEGOTIATE THE TRANSFER OF A PARCEL OF LAND AS SHOWN ON ASSESSORS MAP #R2
LOT 5A TO THE TRUSTEES OF GOVERNOR DUMMER ACADEMY. ANY AND ALL EXPENSES OF
THIS TRANSFER ARE TO BE ASSUMED BY THE ACADEMY.
ARTICLE 5 . TO SEE IF THE TOWN WILL VOTE TO ACCEPT NOYES LANE AS A PUBLIC
WAY. BY REQUEST OF H. VERNE NOYES, AND OVER TEN OTHERS .
ARTICLE 6 . TO SEE IF THE TOWN WILL VOTE TO ACCEPT OLD FARM WAY AS A PUBLIC
WAY. BY REQUEST SUSAN S . CORL AND OVER TEN OTHERS .
ARTICLE 7 . TO SEE IF THE TOWN WILL VOTE TO ACCEPT SILVER LEDGE ROAD AS A
PUBLIC WAY. BY REQUEST OF MARY A. DOHERTY AND OVER TEN OTHERS.
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.
i
HEREOF, FAIL NOT, AND MAKE DUE RETURN OF THE WARRANT WITH YOUR DOINGS THERE-I
ON TO THE TOWN CLERK AT THE TIME AND PLACE AFORESAID.
GIVEN UNDER OUR HANDS THIS 13TH DAY OF JUNE, 1995 .
SELECTMEN, TOWN OF NEWBURY A TRUE COPY A EST:
MARCIA PEIRCE
PURSUANT FO THE ABOVE WARRANT TO ME DIRECTED, I HEREBY NOTIFY AND WARN THE
f 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: 6-13-95 CONSTABLE: RICHARD N. CUNNINGHAM
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: 6-13-95 CONSTABLE: RICHARD N. CUNNINGHAM
i
I
r
TOWN OF NEWBURY
SPECIAL TOWN MEETING
JUNE 27 , 1995
RESULTS
THE MEETING WAS CALLED TO ORDER BY THE MODERATOR, RICHARD JOY AT 7 : 40PM.
A QUORUM WAS PRESENT. THE CALL AND RETURN WERE READ BY THE ASSISTANT
TOWN CLERK, RALPH P. LOWELL.
COUNTERS APPOINTED WERE JOHN KEVILLE, BRUCE SAUNDERS AND BOB WOOLF.
ARTICLE 1 . MOVED, SECONDED AND VOTED UNANIMOUSLY TO HOLD OVER ANY UN-
EXPECTED FY95 BALANCES IN THE FOLLOWING ACCOUNTS UNTIL SPENT OR TRANSFERRED:
RESERVE FUND, HIGHWAY MAINTENANCE ACCOUNTS, BOARD OF HEALTH.
ARTICLE 2 MOVED, SECONDED AND VOTED UNANIMOUSLY TO TRANSFER ANY UNEXPECTED
BALANCES IN ALL OTHER FY95 ACCOUNTS TO THE RESERVE FUND.
ARTICLE 3 . MOVED AND SECONDED THAT WE APPROPRIATE AN ADDITIONAL SUM OF
$32, 000 . 00 TO THE TOWN HALL MAINTENANCE ACCOUNT FOR FISCAL YEAR 1996 .
$24, 500 . 00 OF WHICH TO BE USED TO COVER CONSTRUCTION COSTS FOR ADDITIONAL
OFFICE SPACE. SAID SUMS TO BE TAKEN FROM THE STABILIZATION FUND.
YES 75 NO 1
ARTICLE 4 . MOVED AND SECONDED TO AUTHORIZE THE SELECTMEN TO NEGOTIATE THE
TRANSFER OF A PARCEL OF LAND, ASSESSORS MAP #R2 LOT 5A. TO THE TRUSTEES OF
GOVERNOR DUMMER ACADEMY. ANY AND ALL EXPENSES OF THIS TRANSFER WILL BE
ASSUMED BY THE ACADEMY. DICK SAVAGE OF GDA EXPLAINED GDA WANTED TO PUT
THE LITTLE SCHOOL HOUSE ON LAND THE TOWN ACQUIRED WHEN ELM ST. WAS RE-
LOCATED. VOTED PASSED UNANIMOUS VOTE.
ARTICLE 5 MOVED, SECONDED AND VOTED TO ACCEPT NOYES LANE AS A PUBLIC WAY.
ARTICLE 6 MOVED AND SECONDED TO ACCEPT OLD FARM WAY AS A PUBLIC WAY. THE
HIGHWAY SUPERINTENDENT RECOMMENDED WAITING UNTIL THE SPRING OF 96 TO SEE IF
THE REPAIRS WINTERED OVER TO HIS SATISFACTION. MR. MACHIROS WAS WILLING
TO ACCEPT A COMPROMISE AND AMEND THE ARTICLE TO READ: " TO ACCEPT OLD FARM
WAY AS A PUBLIC WAY SUBJECT TO CERTIFICATION BY THE HIGHWAY SUPERINTENDENT
THAT ALL DRAINAGE IS SATISFACTORY. SAID APPROVAL WILL BE GIVEN IF WINTER
PROVES THAT NO PROBLEMS EXIST. AN AFFADAVIT OF THE HIGHWAY SUPERINTENDENT
SHALL BE CONCLUSIVE AS TO THE EFFECTIVENESS OF THE DRAINAGE AND THE
ACCEPTANCE OF THE ROAD.11 THE AMENDMENT WAS MOVED AND SECONDED. A COUNTED
VOTE TAKEN, 38 IN FAVOR AND 36 OPPOSED. A REQUEST FOR A RECOUNT WAS MADE
BY SURRETTE, COMICK AND PURINTON. THE RECOUNT SHOWED 38 FOR AND 38 OP-
POSED. AMENDMENT FAILED. A COUNTED VOTE WAS THEN TAKEN ON THE ORIGINAL
ARTICLE WITH 46 IN FAVOR AND 26 OPPOSED. ARTICLE VOTED PASSED.
ARTICLE 7 . MOVED AND SECONDED TO ACCEPT SILVER LEDGE ROAD AS A PUBLIC WAY.
AGAIN THE HIGHWAY SUPT. DID NOT RECOMMEND ACCEPTANCE. BRUCE SAUNDERS SAID
NO REPAIR BOND HAD BEEN POSTED FOR THIS ROAD, BUT A COUNTED VOTE SHOWED
46 IN FAVOR, 15 OPPOSED AND THE ARTICLE PASSED.
MEETING ADJOURNED AT 8 :30PM.
A TRUE COPY ATTEST:
RALPH P. LOWELL, ASSISTA T TOWN CLERK
2G V �
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TOWN OF NEWBURY
SPECIAL TOWN MEETING
FEBRUARY 13. 1996
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 TRITON REGIONAL
HIGH SCHOOL ON ELM STREET IN SAID TOWN OF NEWBURY ON TUESDAY,THE 13TH
DAY OF FEBRUARY AT 7:30 P.M. TO ACT ON THE FOLLOWING ARTICLE VIZ:
ARTICLE 1. To see if the Town will vote to approve the amount of the$29,805,000 debt
authorized by vote of the Triton Regional School Committee on December 13, 1995 for
reconstructing, adding to and equipping the Regional Junior-Senior High School, including costs
incidental and related thereto, which vote provides that not more than$1,470,000 to be expended
for architectural and other preliminary expenses, shall be borrowed thereunder until the State
Department of Education has determined that a completed application for a State school
construction grant has been filed and the project has been placed on a so-called School Building
Assistance Priority List: provided that this approval shall be contingent upon a favorable vote at a
town election to exempt the Town's apportioned share of the authorized debt from the provisions
of Proposition 21h.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN
ATTESTED COPY THEREOF IN EACH VOTING PRECINCT, 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 JANUARY, 1996.
SELECTMEN,TOWN OF NEWBURY A TRUE COP- ATTEST:
Angie Machiros
Joseph S. Tevatd
Alan I Adams
MARCIA J. PE CE, TOWN CLERK
I
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: 1/30/96 CONSTABLE: Richard N.Cunningham
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: 113019 6 CONSTABLE: Richard N.Cunningham
TOWN OF NEWBURY
SPECIAL TOWN MEETING
FEBRUARY 13. 1996
RESULTS
The meeting was called to order at 7:40 by the moderator, Richard Joy, who declared a quorum
present. The call and return were read by the clerk.
Article 1 was moved and seconded to approve the$29,805,000 debt authorized by vote of the
Triton Regional School Committee on December 3, 1995 for reconstructing, adding to and
equipping the Regional Junior-Senior High School, including costs incidental and related thereto,
which vote provides that not more than$1,470,000 to be expended for architectural and other
preliminary expenses, shall be borrowed thereunder until the State Department of Education has
determined that a completed application for a State school construction grant has been filed and
the project has been placed on a so-called School Building Assistance Priority List;provided that
this approval shall be contingent upon a favorable vote at a town election to exempt the Town's
apportioned share of the authorized debt from the provisions of Proposition 21h.
Triton superintendent Garry Murphy explained the need for the expansion and then introduced
and thanked the building needs committee of Richard Bazirgan, Alana Conte and Cheryl Draper.
The architectural firm of Flansburgh and Associates then presented slides and commentary. They
explained the need arose when less class space became available along with an increase in new
enrollment. The proposed expansion would add a junior high, a field house,new sports fields, a
new heating system and bring the current building up to code, Done now with state aid, the State
would pay 67%, Newbury 11%, Rowley 10%and Salisbury 12%of the 30 million cost. of this
amount. 32%is for renovation, 48%for new construction and the balance for a new sewerage
system and such items as computers. The cost to our town would be about$90 per 100,000 on
the tax rate effective in 1999.
General questions were asked from the floor and answered. Voters were assured that this
expansion would handle any new growth. The new middle school should handle 660 students.
Both Salisbury and Rowley have already voted in favor at their town meetings. The 3.3 million
cost does not reflect the interest but the tax impact does. Because the new heating system will be
more efficient,the cost for that should be about the same.
Bob Woolf stated that the Finance Committee is in favor of the article.
Counters for the vote were Bob Woolf, Ralph Lowell and Dave Taylor
183 Voters were checked in by the Registrars.
ARTICLE VOTED AND PASSED 120 YES AND NO 33.
A True Copy Attest:
�Q,U1 c1z—
arcia J.Peirce, own Clerk
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SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST:
Angie Machiros �7
Joseph S. Tevald � �� �G�
Alan I Adams
MARCIA J.PEIR , TOWN CLERK
TOWN OF NEWBURY
SPECIAL TOWN MEETING}
APRIL 2, 1996
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 NEWBURY FIRE STATION
ON MORGAN AVE.IN SAID TOWN OF NEWBURY ON TUESDAY, THE 2ND DAY OF
APRIL 1996,AT 7:30 P.M.TO ACT ON THE FOLLOWING ARTICLES,VIZ;
ARTICLE 1. TO SEE IF THE TOWN WILL VOTE TO ACCEPT THE PRELIMINARY DESIGN
FOR THE NEWBURY TOWN LIBRARY BUILDING PROJECT TO BE LOCATED AT THE
CURRENT SITE OF THE NEWBURY TOWN LIBRARY AT 50A MAIN STREET,BYFIELD.
ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE TRUSTEES OF THE
NEWBURY TOWN LIBRARY AND/OR THE BOARD OF SELECTMEN TO APPLY FOR ANY
STATE AND/OR FEDERAL FUNDS WHICH MIGHT BE AVAILABLE TO DEFRAY ALL OF
PART OF THE COST OF SAID DESIGN,CONSTRUCTION AND ORIGINAL EQUIPPING
AND TO AUTHORIZE THE TRUSTEES OF THE NEWBURY TOWN LIBRARY TO ACCEPT
AND EXPEND ANY SUCH FUNDS WHEN RECEIVED WITHOUT FURTHER
APPROPRIATION.
ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO TAKE FROM AVAILABLE FUNDS A
SUM NOT TO EXCEED$60,000 FOR THE PURPOSE OF PURCHASING A PARCEL OF LAND
BELONGING TO CYNTHIA S.MACKAY OF APPROXIMATELY 1 ACRE LOCATED TO THE
EAST OF THE TOWN-OWNED LAND AT 50A LUNT STREET, BYFIELD. SAID LAND IS TO
BE USED AS A BASEBALL FIELD SO THAT THE PROPOSED NEW PUBLIC LIBRARY
I BUILDING AND PARKING CAN BE BUILT ON THE SITE CURRENTLY OCCUPIED BY THE
BASEBALL FIELD. SUCH PURCHASE SHALL BE CONTINGENT UPON THE AWARDING
f TO THE TOWN OF A LIBRARY CONSTRUCTION GRANT BY THE COMMONWEALTH OF
MASSACHUSETTS AND ALSO CONTINGENT UPON APPROVAL OF THE APPROPRIATION
OF TOWN FUNDS FOR THE TOWN'S PORTION OF THE PROJECT.
I
FINANCE COMMITTEE RECOMMENDS
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN
AT x ra i mu COPY THEREOF IN EACH VOTING PRECINCT,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 18TH DAY OF MARCH, 1996.
SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST:
ANGIE MACHIROS
JOSEPH S.TEVALD At lee c.e_
ALAN I.ADAMS
MARCIA J.PEIRCE,�WrNCLERK
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: 3/18/96 CONSTABLE:RICHARD N.CUNNINGHAM
PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED,I HAVE Nvtrrmij 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: 3/19/96 CONSTABLE: RICHARD N.CUNNINGHAM
TOWN OF NEWBURY
SPECIAL TOWN MEETING
APRIL 2, 1996
RESULTS
THE MEETING WAS CALLED TO ORDER AT 7:45 PM BY THE MODERATOR WITH A
QUORUM PRESENT. THE CALL AND RETURN WERE READ BY THE CLERK,
ARTICLE 1. MOVED BY LOIS ANDERSON AND SECONDED BY ANGIE MACHIROS
AL;,.rx i ru THE PRELIMINARY DESIGN FOR THE NEWBURY TOWN LIBRARY BUILDING
PROJECT TO BE LOCATED AT THE CURRENT SITE OF THE NEWBURY TOWN LIBRARY
AT 50A MAIN 61",n 1,BYFIELD.
LOIS ANDERSON,CHAIRMAN OF THE BUILDING COMMITTEE,GAVE A REPORT ON
THE HISTORY OF THE LIBRARY AND THE DEVELOPMENT OF THE NEEDS COMMITTEE
AND THE BUILDING COMMITTEE. ARCHITECTS HALE AND BENNETT HAVE BEEN
CHOSEN TO DO THE PRELIMINARY WORK. POINTS THEY CONSIDERED WHEN
FORMULATING THE PLANS INCLUDED PARKING,ACCESS TO THE BUILDING,DISPLAY
AREAS,DIFFERENT SITE CONSIDERATIONS AND RETENTION OF VILLAGE
ATMOSPHERE.
THE GRANT WOULD BE FOR 43%OF THE COST BUT COULD ONLY BE APPLIED FOR IF
ALL THREE ARTICLES PASSED. THE REQUEST MUST BE FILED BY APRIL 10.
NOTIFICATION WOULD BE BY LATE AUGUST AND IF APPROVED,GROUND BREAKING
WOULD BE REQUIRED WITHIN 9 MONTHS.
DON BLAIR Rr r".,.jz dTING LITTLE LEAGUE ASKED ABOUT ANY CONDITIONS
ATTACHED TO THE LAND PURCHASE. MODERATOR FELT THIS WOULD BE
ANSWERED LATER.
BRUCE SAUNDERS OF THE PLANNING BOARDS EXPOUNDED ON THE BENEFITS OF
THE PLAN, ESPECIALLY THE NEW ACCESS OFF LUNT STREET AND ADEQUATE ON
SITE PARKING. BOTH OF WHICH ARE CURRENT CONCERNS. THE BALLFIELD WOULD
BE RELOCATED FIRST SO ITS'USE WOULD NOT BE Ar r r g-:rmli DURING
CONSTRUCTION OF THE LIBRARY. THE COST OF 2.7 MILLION WOULD BE FOR A NEW
13,500 SQ FT BUILDING ADEQUATE FOR AT LEAST 20 YEARS AND THE REMOVAL OF
THE EXISTING BUILDING. THE BALANCE AFTER THE GRANT WOULD BE FINANCED
AS A 10 YEAR BOND ESTIMATED TO BE$81.43 PER YEAR ON AN AVERAGE$200,000
HOME. THE INCREASE IN THE ANNUAL BUDGET WOULD REFLECT MORE OVERHEAD
AND STAFF.
A COUNTED VOTE WAS TAKEN WITH THE ARTICLE PASSING 77 YES AND 6 NO.
ARTICLE 2. WAS MOVED,SECONDED AND VOTED PASSED AUTHORIZING THE
TRUSTEES OF THE NEWBURY TOWN LIBRARY AND/OR THE BOARD OF SELECTMEN TO
APPLY FOR ANY STATE AND/OR FEDERAL FUNDS WHICH MIGHT BE AVAILABLE AND
TO ACCEPT AND EXPEND ANY SUCH FUNDS WHEN RECEIVED WITHOUT FURTHER
APPROPRIATIONS.
ARTICLE 3. WAS MOVED AND SECONDED TO TAKE FROM AVAILABLE FUNDS A SUM
NOT EXCEED$60,000 FOR THE PURCHASE OF APPROXIMATELY ONE ACRE OF LAND
FOR THE RELOCATION OF THE BALLFIELD,CONTINGENT UPON RECEIVING THE
LIBRARY CONSTRUCTION GRANT AND APPROVAL BY THE TOWN FOR THE BALANCE
OF THE PROJECT EXPENSE. THE MCKAYS, OWNERS OF THE PROPERTY,ISSUED
PURCHASE RESTRICTIONS. THE MOST CONTROVERSIAL BEING NO LIGHTING OF THE
BALLFIELD ,MAINTAINING DRAINAGE AND PLANTING A BUFFER ZONE OF TREES
AND SHRUBS. THE LITTLE LEAGUE WAS UPSET ABOUT THE LIGHTING ISSUE BUT THE
ARTICLE PASSED BY A MAJORITY.
87 VOTERS WERE CHECKED IN BY THE REGISTRARS.
MEETING ADJOURNED AT 8:30 PM. {
A TRUE.COPY ATTEST;,
av
MARCIA J.PEIR
TOWN CLERK
TOWN OF NEWBURY
ANNUAL TOWN MEETING
APRIL 23, 1996
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 SCHOOL ON ELM STREET IN
SAID TOWN OF NEWBURY ON TUESDAY,THE 23RD DAY OF APRIL AT 7:00 P.M.TO ACT ON THE
FOLLOWING ARTICLES,VIZ:
ARTICLE 1. TO ACT ON THE REPORTS OF THE SELECTMEN,TREASURER,COLLECTOR, AUDITOR,
SCHOOL COMMITTEE,SPECIAL COMMITTEES, AND ALL OTHER TOWN OFFICERS.
ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE FOLLOWING
AMOUNTS FOR THE OPERATION OF THE TOWN IN FISCAL 1997.
FINANCE COMMITTEE RECOMMENDS FY96 FY97 CHANGE
MODERATOR'S SALARY $ 100 100
SELECTMEN'S SALARIES 15,500 15,500
SELECTMEN'S EXPENSE 11,650 11,650
SELECTMEN'S SECRETARY 25,966 26,730 764
TOWN HALL ADM SERVICE 30,900 39,592 8,692
RESERVE FUND 25,000 100,000 75,000
FINCOM EXPENSES 0 200 200
ACCOUNTANT'S SALARY 25,709 26,480 771
ACCOUNTANT'S EXPENSE 2,535 2,000 -535
ASSESSORS' SALARIES 7,961 8,200 239
ASSESSORS'EXPENSE 54,727 60,850 6,123
AUDIT TOWN BOOKS 19,180 19,180
TREASURER'S SALARY 17,246 17,763 517
COLLECTOR'S SALARY 17,246 17,763 517
TREASURER-COLLECTOR EXPENSE 42,595 40,770 -1,825
LEGAL EXPENSE 25,000 25,000
PERSONNEL BOARD 500 500
COMPUTER ACCOUNT 2,500 2,500
TOWN CLERK'S SALARY 27,200 28,016 816
TOWN CLERK'S EXPENSE 6,700 6,900 200
ELECTION EXPENSE 5,000 7,200 2,200
REGISTRARS VOTERS SALARIES 550 550
REGISTRARS VOTERS EXPENSE 5,500 6,000 500
CONSERVATION COMM.EXPENSE 8,684 9,339 655
TREE WARDEN SALARY 2,123 2,187 64
TREE WARDEN EXPENSE 15,000 18,000 3,000
CLAM FLATS EXPENSE 7,000 7,000
PLANNING BOARD EXPENSE 3,200 3,200
PLANNING BOARD CONSULTANTS 6,000 6,000
SUB DIVISION EXPENSE 500 500
MASTER PLAN 3,500 3,500
MERRIMACK VALLEY PLANNING COMM. 1,636 1,676 40
ZONING BOARD OF APPEALS 709 709
TOWN HALLS MAINT.EXPENSE 40,000 40,000
TOWN REPORTS 2,500 2,500
INSURANCE EXPENSE 122,000 122,000
POLICE DEPARTMENT EXPENSE 601,291 674,528 73,237
FIRE PROTECTION 217,639 236,978 19,339
FOREST FIRES 2,830 2,830
FIRE ALARM MAINT.EXPENSE 2,500 2,750 250
HYDRANT SERVICE 10,263 10,263
AMBULANCE SERVICE 43,000 43,000
BUILDING INSPECTOR SALARY 26,512 27,307 795
BUILDING INSPECTOR EXPENSE 14,731 15,063 332
GAS INSPECTOR'S EXPENSE 3,000 3,000
PLUMBING INSPECTOR'S EXPENSE 4,000 4,000
SEALER OF WEIGHTS&MEASURES 1,000 1,000
WIRE INSPECTOR'S EXPENSE 6,000 6,000
FIRE INSPECTOR'S EXPENSE 3,000 3,000
CIVIL DEFENSE 1,000 1,000
ACO SALARY 15,450 13,905 -1545
PARKING CLERK'S EXPENSE 2,300 2,300
VOCATIONAL TRANSPORTATION 6,700 6,700
HIGHWAY LABOR 146,281 153,723 7442
HIGHWAY SUPT.SALARY 37,866 37,560 -306
SNOW REMOVAL 60,000 70,000 10,000
STREET LIGHTING 38,000 38,000
HIGHWAY MAINTENANCE 70,000 70,000
TRUCK MAINTENANCE 50,000 50,000
GARAGE MAINTENANCE 15,000 20,000 5,000
CEMETERIES EXPENSE 3,000 3,000
BOARD OF HEALTH AGENT'S EXPENSE 8,000 8,000
COUNCIL ON AGING EXPENSE 34,850 48,995 14,145
VETERANS SERVICES 12,500 12,500
NEWBURY TOWN LIBRARY 126,680 135,797 9117
LIBRARY PUBLIC PHOTOCOPIER EXPENSE 700 700
LIFEGUARD EXPENSE 34,962 36,011 1049
PARKS EXPENSE 34,370 34,370
HISTORIC COMMISSION 650 650
HISTORIC RECORDS PRESERVATION 3,500 3,500
MEMORIAL DAY 600 600
INTEREST 6,500 3,000 -3500
HEALTH INSURANCE 240,000 231,000 -9000
EMPLOYEE LIFE INSURANCE 750 750
FICA MEDICARE 26,000 28,000 2000
CONSERVATION FUND 750 750
ARTICLE 2 TOTALS $2,494,292 $2,720,585 226,293
ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
$3,901,240 WHICH IS THE TRITON REGIONAL SCHOOL DISTRICT'S FY97 ASSESSMENT TO
NEWBURY.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$50,895
FOR THE WHITTIER VOCATIONAL SCHOOL'S FY97 ASSESSMENT TO NEWBURY.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND/OR TAKE FROM
FREE CASH,THE SUM OF$139,365 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY
RETIREMENT SYSTEM FOR FISCAL YEAR 1997.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE OR TRANSFER AND
APPROPRIATE THE SUM OF$24,000 TO BE USED FOR THE PURCHASE OF A NEW POLICE CRUISER,
OR TAKE ANY OTHER ACTION RELATIVE THERETO.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 7. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AN ADDITIONAL
$55,000 FOR THE TRUCK MAINTENANCE ACCOUNT TO BE USED FOR THE PURCHASE OF A NEW 5
TON DUMP TRUCK WITH SANDER AND PLOW.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 8. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AN ADDITIONAL
$3,500 FOR THE TRUCK MAINTENANCE ACCOUNT FOR THE PURCHASE OF A 2-YARD SANDER.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 9. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AN ADDITIONAL
$8,000 FOR THE GARAGE MAINTENANCE ACCOUNT TO BE USED FOR THE PURCHASE AND
INSTALLATION OF A NEW HEATING SYSTEM AT THE HIGHWAY BARN.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 10. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AN ADDITIONAL
$3,900 FOR THE HIGHWAY MAINTENANCE ACCOUNT TO BE USED FOR THE PURCHASE OF A
LASER LINE STRIPER NEEDED TO MEET THE REQUIREMENTS OF THE NEW FEDERAL
REGULATIONS EFFECTIVE JANUARY 1, 1996.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 11. TO SEE IF THE TOWN WILL VOTE TO APPROVE A DEBT EXCLUSION OF$4,430,000
AND ALL RELATED COSTS FROM THE LEVY LIMIT FOR THE PURPOSE OF PROVIDING FUNDS TO:
1.) CONTINUE LANDFILL MINING. 2.)CONSTRUCT A LINED LANDFILL AREA FOR THE SOLID
WASTE MANAGEMENT FACILITY AND 3.) ANNUALLY ALLOCATE FUNDS(AS REQUIRED BY THE
COMMONWEALTH OF MASS) TO PROVIDE FUNDING IN THE EVENT OF CLOSURE OF THE
LANDFILL IN THE YEAR 2019. TO MEET THIS APPROPRIATION THE TREASURER, WITH THE
APPROVAL OF THE SELECTMEN,IS AUTHORIZED TO BORROW$4,430,000 UNDER GENERAL
LAWS CHAPTER 44 SECTION 8. SAID AUTHORIZATION SHALL BE SUBJECT TO VOTER APPROVAL
AT THE ANNUAL TOWN ELECTION.
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FINANCE COMMITTEE RECOMMENDS
FAILURE OF THIS ARTICLE WILL NECESSITATE IMMEDIATE PLANNING FOR CAP AND CLOSURE
OF NEWBURY'S LANDFILL
ARTICLE 12. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND/OR TAKE FROM
THE REVENUE SHARING ACCOUNT,THE SUM OF$345,893 FOR THE BOARD OF HEALTH
ACCOUNT FOR THE ENSUING YEAR.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 13. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$2900
FOR USE BY THE ESSEX COUNTY MOSQUITO CONTROL PROJECT TO BE USED TO MAINTAIN ITS
PROGRAM OF TRAPPING THE ADULT GREENHEAD FLIES DURING THE SUMMER OF 1996.
FINANCE COMMITTEE RECOMMENDS
j ARTICLE 14. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AS REQUIRED BY
SECTION 4,OF CHAPTER 112,OF THE ACTS OF 1931. THE SUM OF($1.00)ONE DOLLAR FOR THE
NECESSARY MAINTENANCE DURING THE ENSUING YEAR OF THE MOSQUITO CONTROL WORKS
CONSTRUCTED IN THE TOWN.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 15. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE OR TRANSFER FROM
AVAILABLE FUNDS,THE SUM OF$13,000 TO PURCHASE FOUR INCH HOSE,FITTINGS,VALVES
AND GATES TO OUTFIT BOTH FIRE DEPARTMENTS, OR TAKE ANY OTHER ACTION RELATIVE
THERETO. BY REQUEST OF THE BOARD OF FIRE ENGINEERS.
ARTICLE 16. TO SEE IF THE TOWN WILL VOTE TO ACCEPT THE PROVISIONS OF MGL CHAPTER 32
SECTION
EC 8511;h, SUBSECTION {2}: SAID LAW CONTAINING PROVISIONS INDEMNIFYING CALL
AND VOLUNTEER FIREFIGHTERS FOR INJURIES RECEIVED IN THE LINE OF DUTY,OR TAKE ANY
OTHER ACTION RELATIVE THERETO.
j BY REQUEST OF THE BOARD OF FIRE ENGINEERS
ARTICLE 17. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$50,000
FOR HIGHWAYS,BRIDGES AND SIDEWALKS.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 18. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE$202,989.00 FROM CHAPTER 90
AVAILABLE FUNDS PURSUANT TO CHAPTER 85 OF THE ACTS OF 1994,
f
ARTICLE 19. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE A SUM OF MONEY FOR THE
CONSTRUCTION OF SEPTIC SYSTEMS FOR THE SUBSURFACE DISPOSAL OF SANITARY WASTE,OR
FOR LOANS TO PROPERTY OWNERS FOR SUCH PURPOSES,AND TO DETERMINE WHETHER THIS
APPROPRIATION SHALL BE RAISED BY BORROWING UNDER CHAPTER 44,BY BORROWING
UNDER CHAPTER 29C (THE MASSACHUSETTS WATER POLLUTION TRUST),OR OTHERWISE:OR
TO TAKE ANY OTHER ACTION RELATIVE THERETO.
ARTICLE 20. TO SEE IF THE TOWN WILL VOTE TO ACCEPT THE PROVISIONS OF MGL,CH 41,
SECTION 108L AS AMENDED,CONCERNING POLICE CAREER INCENTIVE RAISES AND ,
REIMBURSEMENT TO THE TOWN, AND FURTHER THAT THE TOWN WILL NOT BE LIABLE FOR
THE COMMONWEALTH'S SHARE FOR THE FISCAL YEAR BEGINNING JULY 1, 1996. IF THE
COMMONWEALTH FAILS TO PROVIDE POLICE CAREER INCENTIVE RETIREMENT FUNDING TO
THE TOWN FOR SAID FISCAL YEAR OR ANY SUBSEQUENT FISCAL YEAR.
ARTICLE 21. TO SEE IF THE TOWN WILL VOTE TO ASSUME LIABILITY IN THE MANNER
PROVIDED BY SECTION 29,OF CHAPTER 91 OF THE GENERAL LAWS, AS MOST RECENTLY
AMENDED BY CHAPTER 5,ACTS OF 1955, FOR ALL DAMAGES THAT MAY BE INCURRED BY
WORK TO BE PERFORMED BY THE DEPARTMENT OF PUBLIC WORKS OF MASSACHUSETTS FOR
THE IMPROVEMENT,DEVELOPMENT,MAINTENANCE,AND PROTECTION WITHIN THE TOWN OF
NEWBURY,OF TIDAL AND NON-TIDAL RIVERS AND STREAMS,HARBORS,TIDEWATERS,
FORESHORES AND SHORES ALONG A PUBLIC BEACH,INCLUDING THE MERRIMAC RIVER,IN
ACCORDANCE WITH SECTION 1 I OF CHAPTER 91 OF THE GENERAL LAWS, AND AUTHORIZE THE
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SELECTMEN TO EXECUTE AND DELIVER A BOND OF INDEMNITY THEREFORE TO THE
COMMONWEALTH.
ARTICLE 22. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF SELECTMEN TO
ENTER INTO A CONTRACT WITH THE DEPARTMENT OT PUBLIC WORKS AND THE COUNTY
COMMISSIONERS FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC HIGHWAYS FOR THE
ENSUING YEAR.
ARTICLE 23. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE OF THE "DOG
FUND" AS A REVOLVING FUND ACCOUNT. FUNDING SHALL BE FROM LICENSE FEES,LATE
FINES,OR ANY OTHER DESIGNATED SOURCES AND WILL BE SUBJECT TO ALL PROVISIONS OF
SEC. 53E th OF CHAPTER 44 MGL. THE ANIMAL CONTROL OFFICER WITH THE APPROVAL OF THE
SELECTMEN IS AUTHORIZED TO SPEND$4000 DURING THE NEXT FISCAL YEAR FOR ANIMAL
CONTROL EXPENSES.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 24. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE OF THE
"MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE FUND" AS ESTABLISHED BY
CLAUSE 72. SEC. 5,CHAPTER 40 MGL AS A REVOLVING FUND ACCOUNT,
FUNDING IN ADDITION TO THAT REQUIRED BY CLAUSE (i)SEC. 2,CHAPTER 60B MGL
SHALL BE BY SUMS RECEIVED FROM WATERWAYS FEES,PERMITS,FINES OR ANY OTHER
DESIGNATED SOURCES SUBJECT TO ALL PROVISIONS OF SEC.53&i OF CHAPTER 44 MGL. THE
HARBORMASTER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND$26,162
DURING THE NEXT FISCAL YEAR.
FINANCE COMMITTEE RECOMMENDS.
ARTICLE 25. TO SEE IF THE TOWN WILL VOTE TO AMEND THE POLICE BY-LAWS,ARTICLE IIL 1
SECTION 1 i BY INSERTING THE WORD SNOW AFTER THE WORD RUBBISH. THE SECTION WILL
NOW READ:
Section 11. No person shalt place,throw,deposit,or discard any filth,garbage,rubbish,snow or other
substances on any public way,sidewalk,public common,reservation or other public place within the Town.
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ARTICLE 26. TO SEE IF THE TOWN WILL VOTE TO AMEND THE CURRENT DOG BY-LAW..SECTION
11 ENFORCEMENT,TO READ AS FOLLOWS:
SECTION R ENFORCEMENT
no change
A. THE ACO SHALL ATTEND TO ALL COMPLAINTS AND OTHER MATTERS PERTAINING TO
DOGS AND MAY TAKE WHATEVER LEGAL ACTION SHE THINKS IS NECESSARY.
B. IF THE ACO DETERMINES THAT A BITCH IN HEAT,EVEN WHEN CONFINED,IS
ATTRACTING OTHER DOGS THUS CAUSING A DISTURBANCE OR DAMAGE TO
NEIGHBORING PROPERTY OR PUBLIC AREAS, SHE MAY REQUIRE THE OWNER OR
Kr,r zv.OF SAID BITCH TO KEEP HER IN A KENNEL OR REMOVE HER FROM THE AREA
UNTIL OUT OF HEAT,
THE ACO IS AUTHORIZED TO REQUIRE OWNERS OR KEEPERS OF DOGS TO RESTRAIN
THEIR DOGS FROM RUNNING AT LARGE IN SCHOOLS,SCHOOL PLAYGROUNDS,PARKS
OR PUBLIC RECREATION AREAS. SHE MAY ALSO REQUIRE OWNERS OR KEEPERS OF
DOGS TO RESTRAIN THEIR DOGS FROM RUNNING AT LARGE WHEN SHE DETERMINES
THAT ANY SUCH DOG IS AN ANNOYANCE, IS DANGEROUS,OR IS KNOWN TO CAUSE
DAMAGE IN A NEIGHBORHOOD.
THE OWNER OR KEEPER OF A DOG,ABOUT WHICH THE ACO HAS ISSUED AN ORDER
UNDER SECTIONS OF THIS BY-LAW, WHO WISHES TO APPEAL SAID ORDER MAY MAKE
SUCH APPEAL IN WRITING TO THE BOARD OF SELECTMEN WITHIN TEN DAYS OF THE
ISSUANCE OF THE ORDER. THE BOARD OF SELECTMEN MAY SETTLE THE CASE AFTER
HOLDING A PUBLIC HEARING OVERRULING THE ACO. BY AGREEMENT WITH THE
APPELLANT, OR BY INSTRUCTING THE ACO TO PROCEED WITH ENFORCEMENT
PROCEDURES AS SET FORTH IN CHAPTER 140,SECTION 173A OF THE GENERAL
LAWS. IF THE OWNER OR KEEPER FAILS TO COMPLY WITH THE ORDER OF THE ACO
AND DOES NOT APPEAL TO THE BOARD OF SELECTMEN THE ACO SHALL PROCEED TO
ENFORCE HER ORDER AS PROVIDED BY LAW.
add VIOLATION OF THE ORDER OF RESTRAINT WILL CONSIST OF A$25.00 FINE FOR THE
FIRST OFFENSE AND$100.00 FINE FOR SECOND AND SUBSEQUENT OFFENSES IN
KEEPING WITH THE MASS GENERAL LAWS.
C. IF A DOG ABOUT WHICH AN ORDER HAS BEEN ISSUED IS AGAIN AT LARGE AND
PICKED UP BY THE ACO,THE OWNER MAY BE CHARGED A PICK UP FEE OF$50.00 TO
BE PAID BEFORE THE DOG IS RELEASED.
add THIS FEE SHALL BE IN ADDITION TO ANY OTHER ASSESSED FINE OR FEE.
amend section D to read
D. THE ACO IS AUTHORIZED TO CHARGE ANY PERSON WHO OWNS OR KEEPS A DOG,
WHICH RESULTS IN THE ACO BEING REQUIRED TO RETRIEVE AND RESTRAIN SAID
DOG,A PICK-UP FEE OF$15.00.
E. NO PERSON, BEING THE OWNER OR KEEPER OF A DOG,SHALL ALLOW SAID DOG TO
BE ON ANY PART OF THE PUBLIC BEACH BETWEEN THE HOURS OF 8:30 AM AND 5:30
PM DAILY FROM MAY 15 TO SEPT. 15 INCLUSIVE,
add IT SHALL ALSO BE THE DUTY OF EACH PERSON WHO OWNS,POSSESSES OR
CONTROLS A DOG TO REMOVE AND DISPOSE OF ANY FECES LEFT BY THEIR DOG ON
SCHOOL GROUNDS,PLAYGROUNDS,PARKS,BEACHES,TOWN GREENS AND ANY
PUBLIC RECREATION AREA OF THE TOWN.
VIOLATORS SHALL BE FINED$25.00 FOR THE FIRST OFFENSE, $35.00 FOR THE SECOND
AND$50.00 FOR THE 3RD AND SUBSEQUENT OFFENSES WITHIN ONE SEASON. FINES
TO BE PAID BEFORE THE DOG IS RELEASED,
add new sections F and G to read
F. NUISANCES/COMPLAINTS ANIMAL BEHAVIOR WHICH CONSTITUTES A NUISANCE
INCLUDING BUT NOT LIMITED TO THE FOLLOWING: VICIOUS DISPOSITION ,
MOLESTING PASSERBY'S OR PASSING VEHICLES (INCLUDING BICYCLES) ATTACKING
PERSONS OR DOMESTIC ANIMALS,DAMAGING OR SOILING PUBLIC OR PRIVATE
PROPERTY,BARKING, HOWLING IN AN EXCESSIVE,CONTINUOUS FASHION (LE. 20
MINUTES AT A TIME)SHALL BE SUBJECT TO THE FOLLOWING FINE SCHEDULE,AT
THE DISCRETION OF THE ACO AND UPON INVESTIGATION OF THE ACO OR POLICE
OFFICER.
ANY RESIDENT WHO DOES NOT WISH A PARTICULAR DOG OR DOGS ON THEIR
PROPERTY MAY SEND WRITTEN NOTICE TO THE DOG OWNER THAT THE DOG IS A
NUISANCE OR ANNOYANCE AND IS NOT WANTED ON SUCH RESIDENT'S PROPERTY.
FOLLOWING RECEIPT OF SUCH NOTICE BY THE OWNER, IT SHALL BE A VIOLATION
OF THIS BY-LAW FOR THE DOG TO BE PRESENT ON THE SAID RESIDENT'S PROPERTY,
AND THE RESIDENT MAY REQUEST THE SERVICES OF THE ACO TO REMOVE SUCH
DOG. IT IS NOT NECESSARY THAT THE ACO CATCH THE DOG ON THE SAID
RESIDENT'S PROPERTY IN ORDER TO ESTABLISH A VIOLATION OF THIS SECTION,SO
LONG AS OTHER SUFFICIENT EVIDENCE IS PRESENTED.
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FIRST OFFENSE 25.$ 00,SECOND OFFENSE$35.0(}. �
THIRD AND SUBSEQUENT OFFENSES$50,00.
G. CONFINEMENT-THE ACO SHALL CONFINE UNRESTRAINED DOGS,NUISANCE
ANIMALS,AND ALL DOGS WITHIN THE TOWN WHICH HAVE NOT BEEN LICENSED,
COLLARED,OR HARNESSED AND TAGGED. ANY SUCH ANIMAL SHALL BE CONFINED
FOR A PERIOD OF NOT LESS THAN TEN DAYS,EXCEPT THAT IN THE DISCRETION OF
THE ACO,SUCH ANIMAL MAY BE RELEASED OR DISPOSED OF AT AN EARLIER
I R TIME.
THE ACO SHALL CONFINE ANY ANIMAL FOUND TO BE WITHOUT ADEQUATE CARE,
OR ABANDONED OR NEGLECTED. ANY SUCH ANIMAL SHALL BE CONFINED FOR A
PERIOD OF NOT LESS THAN THREE DAYS OR FOR HUMANE REASONS SUCH ANIMAL
MAY BE RELEASED OR DISPOSED OF AT AN EARLIER TIME.
ANY ANIMAL THAT HAS BEEN SO CONFINED SHALL NOT BE RELEASED UNTIL ALL
POUND FEES,PICK-UP FEES,AND ANY OTHER ATTENDANT FEES AND FINES ARE PAID
F IN FULL AND ANY DOG IS DULY LICENSED,COLLARED,HARNESSED AND TAGGED.
NO OWNER OR KEEPER OF AN ANIMAL SHALL SUBJECT THE ANIMAL TO LESS THAN
ADEQUATE CARE OR UNSAFE OR UNSANITARY CONDITIONS. ANY PERSON WHO
VIOLATES THIS SECTION SHALL BE SUBJECT TO A$50.00 FINE, AND SHALL BE LIABLE
FOR ALL FEES AND EXPENSES PAID TO PROTECT,CARE FOR,REHABILITATE,OR
EUTHANIZE SUCH ANIMAL.
ARTICLE 27. TO SEE IF THE TOWN WILL VOTE TO ACCEPT CHAPTER 59 SECTION 57D OF THE
GENERAL LAWS WHICH REQUIRES THAT EVERY PRELIMINARY TAX BILL INCLUDES AN
AFFIDAVIT OF ADDRESS TO BE SIGNED AND SWORN TO BY THE OWNER OR RECORD OF THE
PROPERTY.
ARTICLE 28. TO SEE IF THE TOWN WILL VOTE TO ACCEPT SCOTLAND HEIGHTS DRIVE AS A
TOWN ROAD,WITHOUT OBLIGATION TO MAINTAIN THE STONE MONUMENT AND ISLAND AT
THE ENTRANCE OFF SCOTLAND ROAD. BY PETITION OF GREGORY THON AND 9 OTHERS.
PLANNING BOARD RECOMMENDS.
ARTICLE 29. TO SEE IF THE TOWN WILL VOTE TO ACCEPT SEA VIEW LANE AS A TOWN ROAD.
BY PETITION OF FREDERICK SCOTT JR.AND NINE OTHERS.
ARTICLE 30. TO SEE IF THE TOWN WILL VOTE TO ACCEPT ni i i rxSWEET LANE,414.81 FEET IN
LENGTH AND 30 FEET IN WIDTH,AS A TOWN ROAD.
BY PETITION OF DAVID FOLEY AND OVER TEN OTHERS.
ARTICLE 31. TO SEE IF THE TOWN WILL VOTE TO REPLACE EXISTING SECTION 4.3 OF THE
ZONING BYLAWS WITH THE FOLLOWING....
4.3 Business District. In Business Districts the regulations are intended to preserve the historical and Waal
character of the village while allowing business enterprises that serve the needs of local residents.
4.3.1 Permitted Uses:
4.3.1.1 One and two-story residences which meet all of the requirements of the nearest residential
district .
4.3.1.2 Store,showroom,sales room for the conduct of retail business,including,but not limited to a
neighborhood grocer,hardware,clothing,drug,or general store, a florist's,gift, stationery,
or antiques shop or photographer's studio.
4.3.1.3 Personal service establishments such as a barber shop or beauty parlor, and collection
agency for a laundry or dry cleaner. Shops for custom work by a dressmaker,furrier,
interior decorator,milliner or tailor,
4.3.1.4 Indoor eating establishment.
4.3.1.5 Bank or similar financial institution.
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3.1.6 Real estate,professional or similar offices. �
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4.3.1.7 Roadside stand for sale of principally local farm produce.
4.3.1.8 Theater,craft shop,or other arts related business.
4.3.1.9 Religious or educational establishment.
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4.3.1.10 Home occupations as provided for in section 4.1.3 of zoning.
4.3.1.11 Bed and Breakfast establishments as provided for in section 4.1.4.
4.3.2 Prohibited Uses:
4.3.2.1 Any use which may produce a nuisance or hazard from fire or explosion,toxic or corrosive
fumes,gas, smoke,odors,obnoxious dust or vapors,harmful radioactivity,offensive noise
or vibration,or other activity that may adversely affect or impair the normal use and
peaceful enjoyment of any
property,structure or dwelling in the neighborhood,contaminate
ground water,pollute streams or other atmospheric pollutant beyond the lot on which such
use is conducted.
4.3.2.2 Kiosks and similar/ sized service booths and detached strut machines
y tares, ac es or booths,the
sole purpose of which is to dispense or provide products,service or entertainment,
including,but not limited to financial information or transaction services.
4.3.2.3 Drive-in retail establishments regularly serving food or dispense merchandise from inside a
building to persons seated in their automobiles on the premises.
4.3.2.4 Wholesale establishment,the principal activities of which shall be the preparation,storage,
and transfer or distribution of goods (such as building materials or auto parts)
4.3.2.5 Outdoor storage of fuel supplies and fuel products.
4.3.2.6 Public parking garage or storage of commercial vehicles and used car sales and/or used car
storage.
4.3.3 Regulations
4,3.3.1 Lot size and related requirements
4.3.3.2 Minimum lot size: 10,000 square feet
4.3.3.3 Minimum street frontage: 100 feet measured along the boundary line between the lot and
the street.
4.3.3A Minimum rear setback: No structure shall be erected nearer than 10 feet to a rear lot line.
4.3.3.5 Minimum front yard: 20 feet.
4.3.3.6 Minimum side yard: 10 feet.
4.3.3.7 Maximum building height: 35 feet measured from the mean level of the established grade
at the building to the mean height of the roof.
4.3.3.8 Maximum footprint area of a permitted non-residential building shall neither exceed 2500
square feet nor cover more than 509o' of the lot.
4.3.39 Building materials and style should be in keeping with the historic and rural character of the
village. Dumpsters and other storage shall be fenced or otherwise out of view.
4.3.3.10 Loading docks and delivery areas must be at the rear of the building.
4.3.3.11 In permitted non-residential uses,every effort shall be made to retain and protect existing
trees,shrubs,and other landscaping on a site. a three(3)foot wide (minimum)
landscaping strip shall be provided along the foundation walls of each building. A five(5)
foot strip of densely planted green space will be provided on all boundaries. On
boundaries where the business abuts a residential property,this buffer must be a minimum
of ten(10)feet on those boundaries.
4.3.4 Parking
4.3.4.1 Parking spaces shall be nine(9)feet in width and eighteen(18)feet in length,except for
handicapped parking spaces per the American with Disabilities Act. Aisles shall be twenty-
four(24)feet wide. A paved apron of at least ten(10)feet into the parking area shall be
provided.
4.3A.2 Off street parking: A gravel or paved area must be provided according to the following
table. The number of parking spaces provided shall not be decreased for as long as the
original use exists on site.
Type of use Parkiri8 spaces required
Eating establishment 1 space for every 3 seats plus 1
space per employee in a given shift.
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Bank,office,professional 4 spaces per 1000 square feet of gross
building,personal service floor area
establishments
Dentist,doctor,medical 4 spaces per each medical practitioner
professional on plus one space for each employee on
during a given shift.
Retail 1 space per 200 square feet of gross
floor area
All other Determined by special permit granted
by the Board of Selectmen
4.3.4.3 Parking may be provided off-site by special permit,reviewed annually by the Board of
Selectmen.
4.3.5 Permitted signs:
4.3.5.1 All signs must comply with the provisions of zoning provided for in this by-law.
4.3.5.2 One ground advertising for each building and one business sign for each building unit are
allowed.
4.3.5.3 Maximum surface area for each is 20 square feet.
4.3.5.4 Signs are prohibited on comers of two or more public streets within 25 feet of the corner.
4.3.5.5 Lighted signs shall be lit with white lights only. Flashing or moving signs are not
permitted.
4.3.5.6 No sign shall be erected more than 15 feet above ground or side-walk. Signs above
buildings are not permitted.
ARTICLE 32. TO MEET ON TUESDAY,MAY 14, 1996,IN OUR RESPECTIVE VOTING DISTRICTS FOR
THE ELECTION OF TOWN OFFICERS TO FILL THE FOLLOWING POSITIONS,VIZ: SELECTMAN,
ASSESSOR.THREE REGIONAL SCHOOL COMMITTEE MEMBERS,FISH COMMISSIONER,TWO
LIBRARY TRUSTEES AND MODERATOR ALL FOR TERMS OF THREE YEARS,TREE WARDEN FOR
ONE YEAR,PLANNING BOARD MEMBER FOR FIVE YEARS,A PLANNING BOARD MEMBER FOR A
ONE YEAR UNEXPIRED TERM AND TO VOTE ON THE FOLLOWING QUESTION:
" SHALL THE TOWN OF NEWBURY VOTE TO APPROVE A DEBT EXCLUSION OF S4,430,000 AND
ALL RELATED COSTS FROM THE LEVY LIMIT FOR THE PURPOSE OF PROVIDING FUNDS TO:
1)CONTINUE LANDFILL MINING,2)CONSTRUCT A LINED LANDFILL AREA FOR THE SOLID
WASTE MANAGEMENT FACILITY AND 3) ANNUALLY ALLOCATE FUNDS(AS REQUIRED BY THE
COMMONWEALTH OF MASS)TO PROVIDE FUNDING IN THE EVENT OF CLOSURE OF THE
LANDFILL IN YEAR 2019."
THE POLLS WILL BE OPEN AT 7 A.M. AND CLOSE AT 8: 00 P.M.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED COPY
THEREOF IN EACH VOTING PRECINCT,SEVEN 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 16TH DAY OF APRIL, 1996.
SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATT T:
ANGIE MACHIROS
JOSEPH S.TEVALD7CGI
ALAN I. ADAMS MARCIA J. EIRCE
TOWN CLERK
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: 4-16-96 CONSTABLE: RICHARD N.CUNNINGHAM
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TOWN OF NEWBURY
ANNUAL TOWN MEETING
APRIL 23, 1996
RESULTS
A QUORUM BEING PRESENT,THE MODERATOR, RICHARD JOY, CALLED THE MEETING
TO ORDER AT 7.25. THE CALL AND RETURN WERE READ BY THE TOWN CLERK.
COUNTERS APPOINTED FOR THE EVENING WERE RALPH LOWELL, RICHARD
CUNNINGHAM,HARRY FISH AND ED CARPENTER.
ARTICLE 1. MOVED AND SECONDED TO ACCEPT THE REPORTS OF THE SELECTMEN,
TREASURER,COLLECTOR, AUDITOR,SCHOOL COMMITTEE,SPECIAL COMMITTEES,
AND ALL OTHER TOWN OFFICERS AS PRINTED. VOTED PASSED.
ARTICLE 2. THE ARTICLE WAS MOVED,SECONDED AND READ WITH A HOLD ON THE
RESERVE FUND BY URS DUR. CHAIRMAN OF THE FINANCE COMMITTEE, ROBERT
WOOLF, EXPLAINED THE FINANCIAL STATE OF THE TOWN WITH ESTIMATED INCOME
AND EXPENSES, AND EXPLAINED HOW AN INCREASE IN THE RESERVE FUND WOULD
GIVE US MORE FLEXIBILITY. THE ANNUAL BUDGET OF$2,720,585 PASSED FOR
FISCAL 1997.
ARTICLE 3. MOVED,SECONDED AND VOTED PASSED THE SUM OF$3,901,240 FOR
TRITON.
ARTICLE 4. MOVED,SECONDED AND VOTED PASSED THE SUM OF$50,895 FOR
WHITTIER. j
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ARTICLE 5. MOVED,SECONDED AND VOTED PASSED$139,365 FOR ESSEX COUNTY
RETIREMENT.
ARTICLE 6. MOVED,SECONDED AND VOTED PASSED$24,000 FOR A NEW POLICE
CRUISER. ONE WILL BE TRADED IN.
ARTICLE 7. MOVED,SECONDED AND VOTED PASSED $55,000 FOR A NEW 5 TON DUMP
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TRUCK WITH SANDER AND PLOW.
ARTICLE 8. MOVED,SECONDED AND VOTED PASSED$3,500 FOR A 2 YARD SANDER.
ARTICLE 9. MOVED, SECONDED AND VOTED PASSED$8,000 FOR THE PURCHASE AND
INSTALLATION OF A NEW HEATING SYSTEM AT THE HIGHWAY BARN.
ARTICLE 10. MOVED, SECONDED AND VOTED PASSED $3,900 FOR THE PURCHASE OF
A LASER LINE STRIPER.
ARTICLE 11. MOVED AND SECONDED TO APPROVE A DEBT EXCLUSION OF$4,430,000
AND TO AUTHORIZE THE BORROWING SUBJECT TO VOTER APPROVAL AT THE
ANNUAL TOWN ELECTION..BOB WOOLF EXPLAINED THE STATE REQUIREMENTS AND
THE OPTIONS. PAUL TURBIDE FROM PORT ENGINEERING GAVE A 35 MINUTE
PRESENTATION USING SLIDES AND PRINTED MATERIAL...
NUMEROUS QUESTIONS INCLUDING WHY IS OUR COST SO MUCH IF GLOUCESTER'S
IS 4K FOR 28 ACRES? ISN'T THE RECYCLABLE MATERIAL SOLD? DO WE HAVE PLANS
FOR INCREASING THE RECYCLING? CAN WE LINE WHAT WE HAVE NOW AND START
TRUCKING TO NH? IF WE MINE AND SHIP OFF THE BALANCE SO THE LANDFILL IS
EMPTY DO WE STILL HAVE TO MONITOR? WILL THE STATE CHANGE ITS MIND IN 20
YEARS WHEN IT IS TIME TO CLOSE?
THE PLANNING BOARD SUPPORTS THE LINING AND MONITORING TO PROTECT THE
ENVIRONMENT. WE ARE NOT MAKING MONEY BY RECYCLING BUT GAINING
DUMPING SPACE. WE MUST PAY FOR REMOVAL.
MOST LANDFILLS ARE CLOSING AND WE MUST SIGN WITH THE STATE BY JULY 1.
THE COST IS IN LINE WITH OTHER TOWNS. $150K IS FOR MONITORING OF THE
MARSHES WHETHER THE LANDFILL IS LINED OR NOT. THESE COSTS WILL ONLY
INCREASE IN THE FUTURE. THE COST OF CURBSIDE PICKUP ALONE WOULD BE
AROUND$159 PER HOUSEHOLD.
A COUNTED VOTE OF 435 YES TO 38 NO PASSED THE ARTICLE BY THE REQUIRED
2/3/VOTE.
ARTICLE 12. MOVED,SECONDED AND PASSED TO RAISE AND APPROPRIATE AND/OR
TAKE FROM THE REVENUE SHARING ACCOUNT$345,893 FOR THE BOARD OF
HEALTH.
ARTICLE 13. MOVED,SECONDED AND PASSED$2900 FOR USE BY THE ESSEX COUNTY
MOSQUITO CONTROL PROTECT FOR GREENHEADS,
ARTICLE 14. MOVED,SECONDED AND PASSED ONE DOLLAR FOR MOSQUITO
CONTROL.
ARTICLE 15. MOVED,SECONDED AND PASSED$13,000 FOR THE PURCHASE OF FOUR
INCH HOSE,FITTINGS, VALVES AND GATES TO OUTFIT BOTH FIRE DEPARTMENTS.
ARTICLE 16. MOVED,SECONDED AND PASSED TO ACCEPT THE PROVISIONS OF MGL
CHAPTER 32 SECTION 85 H th,SUBSECTION (2):CONTAINING PROVISIONS
INDEMNIFYING CALL AND VOLUNTEER FIREFIGHTERS FOR INJURIES RECEIVED IN
THE LINE OF DUTY.
ARTICLE 17. MOVED,SECONDED AND VOTED PASSED$50,000 FOR HIGHWAYS,
BRIDGES AND SIDEWALKS.
ARTICLE 18. MOVED,SECONDED AND VOTED $202,989.00 FROM CHAPTER 90
AVAILABLE FUNDS.
ARTICLE 19. MOVED AND SECONDED TO APPROPRIATE MONEY FOR CONSTRUCTION
OF SEPTIC SYSTEMS OR FOR LOANS UNDER CHAPTER 44 OR CHAPTER 29C. IT WAS
EXPLAINED THAT$80,000 WAS BEING ALLOTTED TO THE TOWN BY THE STATE FOR
THIS USE. PASSED
ARTICLE 20. MOVED,SECONDED AND VOTED PASSED TO ACCEPT THE PROVISIONS
OF MGL,CHAPTER 41,SECTION 108L CONCERNING POLICE CAREER INCENTIVE
RAISES AND REIMBURSEMENTS TO THE TOWN..
ARTICLE 21, MOVED,SECONDED AND VOTED PASSED.
ARTICLE 22. MOVED,SECONDED AND VOTED PASSED.
ARTICLE 23. MOVED,SECONDED AND PASSED TO CONTINUE THE REVOLVING DOG
FUND ACCOUNT AND AUTHORIZE$4,000 FOR EXPENSES DURING THE NEXT FY.
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ARTICLE 24. MOVED,AND SECONDED. MR. WOOLF EXPLAINED THE REVOLVING
ACCOUNT. VOTED PASSED$26,162 FOR THE HARBORMASTER.
ARTICLE 25. MOVED AND SECONDED TO AMEND THE POLICE BY-LAWS,ARTICLE III.,
SECTION I 1 BY INSERTING THE WORD SNOW AFTER THE WORD RUBBISH. PASSED
ARTICLE 26. MOVED AND SECONDED TO AMEND THE DOG BY-LAW. FORMER ACO,
DICK CUNNINGHAM SPOKE AGAINST THE ARTICLE ACCENTUATED BY THE ARRIVAL
OF A LOOSE DOG. OTHER COMMENTS MADE REFERENCE TO A TOTAL LEASH LAW,
ADDED ENFORCEMENT COST, OWNERS RESPONSIBILITY AND THE CURRENT
RESTRICTIONS OF P. I.
THE ARTICLE DID NOT PASS.
ARTICLE 27. MOVED,SECONDED AND PASSED TO ACCEPT CHAPTER 59 SECTION 57D
OF THE GENERAL LAWS REQUIRING EVERY PRELIMINARY TAX BILL TO INCLUDE AN
AFFIDAVIT OF ADDRESS TO BE SIGNED AND SWORN TO BY THE OWNER OF RECORD
OF THE PROPERTY.
ARTICLE 28. MOVED AND SECONDED TO ACCEPT SCOTLAND HEIGHTS DRIVE AS A
TOWN ROAD. BRUCE SAUNDERS OF THE PLANNING BOARD MOVED TO AMEND THE
ARTICLE BY DELETING THE SECTION RELATING TO THE MONUMENT AND ISLAND.
AMENDMENT SECONDED AND VOTED PASSED. PLANNING BOARD APPROVED,
AMENDED ARTICLE VOTED PASSED.
ARTICLE 29. MOVED,SECONDED AND APPROVED BY THE PLANNING BOARD TO
ACCEPT SEAVIEW LANE AS A TOWN ROAD. VOTED PASSED.
ARTICLE 30. MOVED,SECONDED AND APPROVED BY THE PLANNING BOARD TO
ACCEPT 414.81 FEET OF BITTERSWEET LANE AS A TOWN ROAD. VOTED PASSED.
ARTICLE 31. MOVED AND SECONDED TO ACCEPT THE AMENDMENT TO THE TOWN
ZONING BY-LAWS,BUSINESS DISTRICT. THE PLANNING BOARD GAVE A FAVORABLE
REPORT ON THE HEARING. THE CHANGE IS TO KEEP THE VILLAGE CHARACTER OF
BYFIELD CENTER BUT WILL NOT EFFECT BYFIELD EXPO. A COUNTED VOTE OF 113
YES AND 2 NO PASSED THE ARTICLE BY THE REQUIRED 2/3.
ARTICLE 32. MOVED,SECONDED AND VOTED PASSED.
A TRUE COPY ATTEST.
u a--
MARCIA J.it
TOWN CLERK
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ANNUAL TOWN ELECTION
MAY 14, 1996
RESULTS
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PCT 1 PCT 2 TOTAL
SELECTMAN
* JOSEPH S.TEVALD 696 451 1147
ASSESSOR
LAURENT H. GRAVELLE 587 361 948
PAUL C. DAUBITZ JR. 328 199 527
MODERATOR FOR THREE YEARS
RICHARD T.JOY 798 514 1312
TREE WARDEN
RONALD O.PEARSON 731 482 1213
LIBRARY TRUSTEE
ALICE M. BARRON 617 424 1041
MARILYN HERSHFIELD 560 366 926
SUSAN RICKER 269 184 453
PLANNING BOARD FOR FIVE YEARS
ROBERT M.STEIN 611 378 989
PLANNING BOARD FOR ONE YEAR UNEXPIRED TERM
* ROBERT W. DASH 454 317 771
DAVID C. MOUNTAIN 388 253 641
TRITON REGIONAL SCHOOL COMMITTEE FOR THREE YEARS
NEWBURY
RICHARD BAZIRGAN 740 467 1207
SALISBURY
JAMES E.POULIN 480 355 835
ROWLEY
C.WALTER HARDY 522 378 900
FISH COMMISSIONER
EVERETT M.DAVIS SR. 652 458 1110
QUESTION DEBT EXCLUSION OF$4,430,000 FOR LANDFILL
YES 598 389 987
NO 390 214 604
TOWN OF NEWBURY
SPECIAL TOWN MEETING
JUNE 25, 1996
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 NEWBURY TOWN HALL,25
HIGH ROAD IN SAID TOWN OF NEWBURY ON TUESDAY,THE 25TH OF JUNE AT 7:30
P.M.ON THE FOLLOWING ARTICLES,VIZ:
ARTICLE 1. TO SEE IF THE TOWN WILL VOTE TO HOLD OVER ANY UNEXPENDED FY96
BALANCES IN THE FOLLOWING ACCOUNTS UNTIL SPENT OR TRANSFERRED:
RESERVE FUND,HISTORIC RECORDS,BOARD OF HEALTH,&HIGHWAY
MAINTENANCE ACCOUNTS.
ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO TRANSFER ANY UNEXPENDED
BALANCES IN ALL OTHER FY96 ACCOUNTS TO THE RESERVE FUND.
ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO TRANSFER$74,928.41 FROM THE
STABILIZATION FUND TO THE SNOW REMOVAL ACCOUNT.
ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO TRANSFER$50,000 FROM FREE CASH
TO THE RESERVE FUND.
ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO TRANSFER$34,865 FROM AVAILABLE
FUNDS TO THE HIGHWAY LABOR ACCOUNT.
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 I ITH DAY OF JUNE, 1996.
SELECTMEN,TOWN OF NEWBURY A TRUE COPrCE"e
ANGIE MACHIROS
JOSEPH S.TEVALDALAN I.ADAMS MARCIA J.
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: 6-11-96 CONSTABLE: RICHARD N.CUNNINGHAM
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: 6-11-96 CONSTABLE: RICHARD N.CUNNINGHAM
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TOWN OF NEWBURY
SPECIAL TOWN MEETING
DUNE 25, 1996
RESULTS
THE MEETING WAS CALLED TO GIRDER BY THE MODERATOR,RICHARD JOY AT
7:55PM. A QUORUM WAS PRESENT. THE CALL AND RETURN WERE READ BY THE
ASSISTANT TOWN CLERK,DONNA R.STEFANILE.
ARTICLE 1. MOVED,SECONDED AND VOTED UNANIMOUSLY TO HOLD OVER ANY
UNEXPENDED FY96 BALANCES IN THE FOLLOWING ACCOUNTS UNTIL SPENT OR
TRANSFERRED: RESERVE FUND,HISTORIC RECORDS, BOARD OF HEALTH,&
HIGHWAY MAINTENANCE ACCOUNTS.
ARTICLE 2. MOVED,SECONDED AND VOTED UNANIMOUSLY TO TRANSFER ANY
UNEXPENDED BALANCES IN ALL OTHER FY96 ACCOUNTS TO THE RESERVE FUND.
ARTICLE 3. MOVED,SECONDED AND VOTED UNANIMOUSLY TO TRANSFER$74,928.41
FROM THE STABILIZATION FUND TO THE SNOW REMOVAL ACCOUNT.
ARTICLE 4. MOVED,SECONDED AND VOTED UNANIMOUSLY TO TRANSFER$50,000
FROM FREE CASH TO THE RESERVE FUND.
ARTICLE 5. MOVED,SECONDED AND VOTED UNANIMOUSLY TO TRANSFER$34,865
FROM AVAILABLE FUNDS TO THE HIGHWAY LABOR ACCOUNT,
MEETING ADJOURNED AT 7:59PM.
A TRUE COPY ATTEST:
DONNA R,STEFANILE
ASSISTANT TOWN CLERK
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TOWN OF NEWBURY
SPECIAL TOWN MEETING
AUGUST 13, 1996
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 NEWBURY
TOWN HALL,25 HIGH ROAD,IN SAID TOWN OF NEWBURY ON TUESDAY.THE 13TH
DAY OF AUGUST AT 7:30 P.M. TO ACT ON THE FOLLOWING ARTICLES,VIZ;
ARTICLE 1. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE AN ADDITIONAL
AMOUNT OF$350,000 FOR CONSTRUCTION AND ANY RELATED COSTS FOR THE
COMPLETION OF THE NEWBURY ELEMENTARY SCHOOL PROJECT AS APPROVED BY
DECEMBER 6, 1988 TOWN MEETING, ARTICLE 3 AND FURTHER AUTHORIZE THE
TREASURER WITH THE APPROVAL OF THE SELECTMEN TO BORROW$350,000 UNDER
G.L.CHAPTER 44 SECTION 7 OR CHAPTER 645 OF THE ACTS OF 1948 AS AMENDED
AND THAT THE SCHOOL BUILDING COMMITTEE IS AUTHORIZED TO CONTRACT FOR
ANT EXPEND ANY FEDERAL OR STATE AID AVAILABLE FOR THE PROJECT AND TO
TAKE ANY OTHER ACTION NECESSARY TOWARDS COMPLETION OF THIS PROJECT.
SUCH PROJECT HAVING RECEIVED APPROVAL OF REIMBURSEMENT FROM THE STATE
BOARD OF EDUCATION EQUAL TO 69%OF ELIGIBLE COSTS.
ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO TAKE FROM AVAILABLE FUNDS AN
AMOUNT NOT TO EXCEED$100,000 FOR THE PURCHASE OF 13 ACRES MORE OR LESS
(ASSESSORS MAP U08#20) FOR FUTURE TOWN USE.
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 23RD DAY OF JULY, 1996.
SELECTMEN,TOWN OF NEWBURY A TRUE COPY AyfyS
ANGIE MACHIROS
JOSEPH S.TEVALD MARCIA J.
ALAN I. ADAMS TOWN CLEP
RCE
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.
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DATE: JULY 24, 1996 CONSTABLE: RICHARD N.CUNNINGHAM
I
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: JULY 24, 1996 CONSTABLE: RICHARD N.CUNNINGHAM
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TOWN OF NEWBURY
SPECIAL TOWN MEETING
AUGUST 13, 1996
RESULTS
THE MEETING WAS CALLED TO ORDER AT 7:30PM BY THE MODERATOR WHO I
DECLARED A QUORUM PRESENT.
THE CALL AND RETURN WERE READ BY THE TOWN CLERK.
ARTICLE 1 WAS MOVED AND SECONDED TO APPROPRIATE AN ADDITIONAL$350,000
FOR THE ELEMENTARY SCHOOL BUILDING PROJECT. THE QUESTION AS TO
WHETHER 69%OF THE$350,000 WAS TO BE REIMBURSED WAS ANSWERED YES. THE
ASBESTOS AND THE LEDGE PROBLEMS WERE ONLY FOUND AFTER THE WORK WAS
STARTED AND HAVE BEEN PAID FOR. A COUNTED VOTE OF YES 89 TO NO 2 PASSED
THE ARTICLE BY THE REQUIRED 2/3.
ARTICLE 2 WAS MOVED AND SECONDED AN AMOUNT NOT TO EXCEED$100,000 FOR
THE PURCHASE OF LAND ADJACENT TO THE SCHOOL. JOAN WEYBURN EXPLAINED
THE NEED FOR MORE LAND PRIMARILY FOR PARKING. THERE WAS CONCERN BY !
NEIGHBORS BECAUSE SO MUCH OF THE LAND IS WETLAND AND ANY CHANGE
WOULD AFFECT DRAINAGE. THERE MUST BE A PUBLIC HEARING FOR ANY CHANGE
BECAUSE 5001b OF THE LAND IS WET. ARTICLE PASSED BY A VOTE OF 86 YES TO 5 NO,
91 VOTERS WERE CHECKED IN BY THE REGISTRARS.
A TRUE COPY ATTES
MARCIA J.PEIRCV D
TOWN CLERK
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TOWN OF NEWBURY
SPECIAL TOWN MEETING
MARCH 11, 1997
ESSEX SS
f TO: ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY,MASSACHUSETTS
k 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 NEWBURY ELEMENTARY
SCHOOL, HANOVER STREET IN SAID TOWN OF NEWBURY ON TUESDAY,THE I ITH
r DAY OF MARCH AT 7:30 P. M. TO ACT ON THE FOLLOWING ARTICLES, VIZ;
ARTICLE 1. To see if the Town will vote to amend the ZONING BY-LAWS OF THE TOWN OF
NEWBURY as follows:
Amend Section 3.0 ESTABLISHMENT OF DISTRICTS by the addition of a new
Section 3.1.1.1 to provide as follows:
3.1.1.1 Parker River Residential
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Amend Section 3.2 LOCATION OF DISTRICTS by the addition of a new Section
3.2.1.1 to provide as follows:
3.2.1.1.PARKER RIVER RESIDENTIAL DISTRICT shall constitute a
certain parcel of land situated east of High Road and north of the Parker River in the Town of
Newbury, bounded and described as follows:
Beginning at a point in the easterly sideline of High Road at the northwesterly corner of the said
parcel of land at the southwesterly corner of land of or formerly of The Society for the
Preservation of New England Antiquities, said point being about 885 feet south of the southerly
intersection of the sidelines of High Road and Cottage Road.
Thence running: Easterly about 210 feet by said land of,or formerly of the Preservation of New
England Antiquities to a corner,
Thence running: Northerly about 135 feet by said land of or formerly of the Preservation of New
England Antiquities to a corner at land of,or formerly of Joan Hoysradt.
Thence running: Easterly about 1120 feet by said land of,or formerly of Joan Hoysradt,by land
of,or formerly of James D.Pearson, and by land of, or formerly of Rita E. Direnzo and Patricia D.
Daigle to a confer.
Thence running: Northerly about 64 feet by said land of,or formerly of Rita E.Direnzo and
Patricia D.Daigle to a point in the southerly sideline of Cottage Road.
Thence running: Easterly about 1230 feet by the said southerly sideline of Cottage Road to a
point:
Thence running: Northerly about 40 feet across Cottage Road to a point in the northerly sideline
of Cottage Road at the southeasterly corner of land of,or formerly of John D. and Sharon
Protopapas,said point being about 176 feet westerly of the northeasterly comer of Cottage Road.
Thence running: Northerly about 210.69 feet by said land of John D. and Sharon Protopapas to a
point at land of, or formerly of the Trustees of Reservations:
I
Thence running: Easterly about 1150 feet by said land of,or formerly of the Trustees of
Reservations,by land of,or formerly of Joseph II.,Nancy and Peter Story, and by land of,or
formerly of the Parker River National Wildlife Refuge to a corner,
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Thence running: Southerly about 900 feet by said land of,or formerly of the Parker River
National Wildlife Refuge to a comer at the northerly side of the Parker River.
Thence running: Westerly about 3500 feet by the Parker River to a point in the easterly sideline of
High Road.
Thence running: Northerly about 530 feet by the said easterly sideline of High Road to the point
of beginning.
PARKER RIVER RESIDENTIAL DISTRICT
USE REGULATIONS
4.1.9.0 IN THE PARKER RIVER RESIDENTIAL DISTRICT:
4.1.9.1 Land may be used only for a single one family residence and structures normally
accessory to such single one family residence
4.1.9.2 Any stricture constructed within the PARKER RIVER RESIDENTIAL DISTRICT shall
comply with the provisions of Section 4.1.2 of the Zoning By-Laws.
4.1.9.3 Notwithstanding any provision of this By-Law to the contrary, any piece or parcel of
land,lying within the PARKER RIVER RESIDENTIAL DISTRICT designated as a separate tax lot
on the Tax Map of the Town of Newbury as of the date if the enactment of 4.1.9.2 and upon
fwhich one single one family residence and such structures normally accessory to such single one
family residence existed as of the date of the enactment of 4.1.9.2 shall nevertheless be deemed to
comply with the provisions of the Zoning By-Laws so long as such single one family residence
remains on such lot.
Map available in the Town Clerk's office.
Article 2. To see if the Town will vote to transfer$150,000 from Free Cash to the Reserve Fund.
Finance Committee recommends.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN
A i i ra i ru 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 25TH DAY OF FEBRUARY, 1997.
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SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEEST:
ANGIE MACHIROS �lG � C_e�
JOSEPH S.TEVALD MARCIA J.P CE
ALAN I. ADAMS TOWN CLE
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.
,I i
DATE: FEBRUARY 25, 1997 CONSTABLE. RICHARD N.CUNNINGHAM
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: FEBRUARY 26, 1997 CONSTABLE: RICHARD N.CUNNINGHAM
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TOWN OF NEWBURY
SPECIAL TOWN MEETING
MARCH 11, 1997
RESULTS
THE MEETING WAS CALLED TO ORDER AT 7:30PM BY THE MODERATOR, RICHARD
JOY. 104 VOTERS WERE CHECKED IN BY THE REGISTRARS.
THE CALL AND RETURN WERE READ BY THE TOWN CLERK.
ARTICLE 1 WAS READ,MOVED AND SECONDED. BRUCE SAUNDERS,CHAIRMAN OF
THE PLANNING BOARD, PRESENTED THE BACKGROUND AND HEARING REPORTS. HE
EXPLAINED THE CHANGE WAS NEEDED TO ENABLE THE RESIDENTS OF THE DISTRICT
TO PURCHASE THEIR NOW LEASED LOTS WHICH DO NOT CONFORM TO PRESENT
ZONING. THE ARTICLE AS PRINTED WAS VOTED PASSED BY A UNANIMOUS VOTE.
ARTICLE 2 WAS MOVED AND SECONDED AND PASSED BY UNANIMOUS VOTE TO
TRANSFER$150,000 FROM FREE CASH TO THE RESERVE FUND.
THE MEETING WAS ADJOURNED AT 7.45 PM.
A TRUE COPY ATTEST:
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MARCIA J.P CE, TOWN CLERK
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TOWN OF NEWBURY
ANNUAL TOWN MEETING
APRIL 22, 1997
ESSEX SS
TO: LINE OF THE CONSTABLES FOR THE TOWN OF NEWBURY,MASSACHUSETTS
GREETINGS:
I
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 NEWBURY ELEMENTARY
SCHOOL ON HANOVER STREET IN SAID TOWN OF NEWBURY ON TUESDAY, THE 22ND DAY
OF APRIL AT 7:30 P. M.TO ACT ON THE FOLLOWING ARTICLES. VIZ:
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ARTICLE 1. TO ACT ON THE REPORTS OF THE SELECTMEN,TREASURER COLLECTOR,
AUDITOR,SCHOOL COMMITTEE,SPECIAL COMMITTEES, AND ALL OTHER TOWN OFFICERS.
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ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
FOLLOWING AMOUNTS FOR THE OPERATION OF THE TOWN IN FISCAL 1998.
FINANCE COMMITTEE RECOMMENDS FY97 FY98 CHANGE
MODERATOR'S SALARY 100 100
SELECTMEN'S SALARIES 15,500 15,500
SELECTMEN'S EXPENSE 11,650 11,650
SELECTMEN'S SECRETARY 26,730 27,525 795
TOWN HALL ADM SERVICE 39,592 41,060 1,468
RESERVE FUND 150,000 150,000
FINCOM EXPENSES 200 200
ACCOUNTANT'S SALARY 26,480 26,480
ACCOUNTANT'S EXPENSE 2,000 3,095 1,095
ASSESSORS'SALARIES 8,200 8,446 246
ASSESSORS`EXPENSE 60,850 71,100 10,250
AUDIT TOWN BOOKS 19,180 22,380 3,200
TREASURER'S SALARY 17.763 18,296 533
COLLECTOR'S SALARY 17,763 18,296 533
TREASURER-COLLECTOR EXPENSE 40,770 39,824 - 946
LEGAL EXPENSE 25,000 25,000
PERSONNEL BOARD 500 500
COMPUTER ACCOUNT 2,500 2,500
TOWN CLERK'S SALARY 28,016 28,856 840
TOWN CLERK'S EXPENSE 6,900 6,900
ELECTION EXPENSE 7,200 51000 -2,200
REGISTRARS VOTERS SALARIES 550 550
REGISTRARS VOTERS EXPENSE 6,000 6,000
CONSERVATION COMM.EXPENSE 9,339 9,757 418
TREE WARDEN SALARY 2,187 2,253 66
TREE WARDEN EXPENSE 18,000 18,000
CLAM FLATS EXPENSE 7,000 7,000
PLANNING BOARD EXPENSE 3,200 3,200
PLANNING BOARD CONSULTANTS 6,000 8,000 2,000
SUB DMSION EXPENSE 500 500
MASTER PLAN 3,500 3,500
MERRIMACK VALLEY PLANNING COMM. 1,676 1,715 39
ZONING BOARD OF APPEALS 709 700 - 9
TOWN HALLS MAINT.EXPENSE 40,000 40,000
TOWN REPORTS 2,500 2,500
INSURANCE EXPENSE 122,000 122,000
POLICE DEPARTMENT EXPENSE 674,528 692,964 18,436
FIRE PROTECTION 236,978 257,333 20,355
FOREST FIRES 2,830 3,000 170
I FIRE ALARM MAINT.EXPENSE 2,750 2,750
HYDRANT SERVICE 10,263 10,263
AMBULANCE SERVICE 43,000 43,000
BUILDING INSPECTOR SALARY 27,307 28,126 819
BUILDING INSPECTOR EXPENSE 15,063 15,244 181
GAS INSPECTOR'S EXPENSE 3,000 3,000
PLUMBING INSPECTOR'S EXPENSE 4,000 4,000
SEALER OF WEIGHTS& MEASURES 1,000 1,000
WIRE INSPECTOR'S EXPENSE 6,000 6,000
FIRE INSPECTOR'S EXPENSE 3,000 3,000
CIVIL DEFENSE 1,000 1,500 500
AGO SALARY 13,905 14,322 417
PARKING CLERK'S EXPENSE 2,300 2,300
VOCATIONAL TRANSPORTATION 6,700 6,700
HIGHWAY LABOR 188,588 194,223 5,635
HIGHWAY SUPT.SALARY 37,560 38,680 1,120
SNOW REMOVAL 70.000 80,000 10,000
STREET LIGHTING 38,000 42,000 4,000
HIGHWAY MAINTENANCE 70,000 70,000
TRUCK MAINTENANCE 50,000 60,000 10,000
GARAGE MAINTENANCE 20,000 20,000
CEMETERIES EXPENSE 3,000 3,400
BOARD OF HEALTH AGENT'S EXPENSE 81000 8,000
COUNCIL ON AGING EXPENSE 48,995 50,775 1,780
VETERANS SERVICES 12,500 12,500
NEWBURY TOWN LIBRARY 135,797 144,664 8,867
LIBRARY PUBLIC PHOTOCOPIER EXPENSE 700 700
LIFEGUARD EXPENSE 36,011 36,986 975
PARKS EXPENSE 34,370 43,700 9,330
HISTORIC COMMISSION 650 650
HISTORIC RECORDS PRESERVATION 3,500 3,500
MEMORIAL DAY 600 600
INTEREST 3,000 3,000
HEALTH INSURANCE 231,000 210,000 -21,000
EMPLOYEE LIFE INSURANCE 750 750
FICA MEDICARE 28,000 28,000
CONSERVATION FUND 750 750
ARTICLE 2 TOTALS $2,905,450 $2,895,363 $89,913
FINANCE COMMITTEE RECOMMENDS
ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
$3,951,570 WHICH IS THE TRITON REGIONAL SCHOOL DISTRICT'S FY98 ASSESSMENT TO
NEWBURY.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
$17,047 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY98 ASSESSMENT TO NEWBURY.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND/OR TAKE
FROM FREE CASH,THE SUM OF$170,197 AS THE TOWN'S SHARE OF SUPPORTING THE
ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 1998.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE OR TRANSFER
AND APPROPRIATE THE SUM OF$25,000 TO BE USED FOR THE PURCHASE OF A NEW
POLICE CRUISER,OR TAKE ANY OTHER ACTION RELATIVE THERETO.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 7. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AN
ADDITIONAL$67,780 TO BE USED FOR THE PURCHASE OF A NEW 5 TON DUMP TRUCK
WITH SANDER AND PLOW.
FINANCE COMMITTEE RECOMMENDS
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ARTICLE 8, TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE$40,000 FOR
THE PURCHASE OF 70 NEW PAGERS.
BY REQUEST OF THE BOARD OF FIRE ENGINEERS
ARTICLE 9. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE$8,000 FOR
THE PURCHASE OF 4 NEW SCBA'S.
BY REQUEST OF THE BOARD OF FIRE ENGINEERS
ARTICLE 10. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE$8,000 FOR
ONE COMPUTER AND RELATED PROGRAM FOR EACH FIRE DEPARTMENT.
BY REQUEST OF THE BOARD OF FIRE ENGINEERS
ARTICLE 11. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND/OR
TAKE FROM THE REVENUE SHARING ACCOUNT, THE SUM OF$453,766 FOR THE BOARD OF
HEALTH ACCOUNT FOR THE ENSUING YEAR.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 12. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
$3097 FOR USE BY THE ESSEX COUNTY MOSQUITO CONTROL PROJECT TO BE USED TO
MAINTAIN ITS PROGRAM OF TRAPPING THE ADULT GREENHEAD FLIES DURING THE
SUMMER OF 1997.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 13. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AS
REQUIRED BY SECTION 4,OF CHAPTER 112, OF THE ACTS OF 1931. THE SUM OF($1.00)
ONE DOLLAR FOR THE NECESSARY MAINTENANCE DURING THE ENSUING YEAR OF THE
MOSQUITO CONTROL WORKS CONSTRUCTED IN THE TOWN.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 14. TO SEE IF THE TOWN WILL VOTE TO APPROVE THE AMOUNT OF$29,805,000
DEBT TO BE INCURRED BY THE TRITON REGIONAL SCHOOL COMMITTEE FOR
RECONSTRUCTING,ADDING TO AND EQUIPPING THE REGIONAL JUNIOR-SENIOR HIGH
SCHOOL,INCLUDING COSTS INCIDENTAL AND RELATED THERETO,PROVIDED THAT NOT
MORE THAN$1,470,000 BE EXPENDED FOR ARCHITECTURAL AND OTHER PRELIMINARY
EXPENSES,SHALL BE BORROWED THEREUNDER UNTIL THE STATE DEPARTMENT OF
EDUCATION HAS DETERMINED THAT A COMPLETED APPLICATION FOR A STATE SCHOOL
CONSTRUCTION GRANT HAS BEEN FILED AND THE PROJECT HAS BEEN PLACED ON A SO-
CALLED SCHOOL BUILDING ASSISTANCE PRIORITY LIST: PROVIDED THAT THIS
APPROVAL SHALL BE CONTINGENT
INGE T UPON A FAVORABLE VOTE AT A TOWN ELECTION TO
EXEMPT THE TOWN'S APPORTIONED SHARE OF THE AUTHORIZED DEBT FROM THE
PROVISIONS OF PROPOSITION 2;`2.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 15. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE$200,000 FOR THE
PURPOSE OF FINANCING THE FOLLOWING WATER POLLUTION ABATEMENT FACILITY
PROJECTS: REPAIR, REPLACEMENT AND/OR UPGRADE OF SEPTIC SYSTEMS,PURSUANT TO
AGREEMENTS WITH THE BOARD OF HEALTH AND RESIDENTIAL PROPERTY OWNERS,
INCLUDING WITHOUT LIMITATION ALL COSTS THEREOF AS DEFINED IN SECTION 1 OF
CHAPTER 29C OF THE GENERAL LAWS: TO DETERMINE WHETHER THIS APPROPRIATION
SHALL BE RAISED BY BORROWING FROM THE MASSACHUSETTS WATER POLLUTION
ABATEMENT TRUST OR OTHERWISE: OR TO TAKE ANY OTHER ACTION RELATIVE
THERETO.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 16. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
$50,000 FOR HIGHWAYS,BRIDGES AND SIDEWALKS.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 17. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE$204,434.00 FROM
CHAPTER 90 AVAILABLE FUNDS PURSUANT TO CHAPTER 113 OF THE ACTS OF 1996.
ARTICLE 18. TO SEE IF THE TOWN WILL VOTE TO ASSUME LIABILITY IN THE MANNER
PROVIDED BY SECTION 29, OF CHAPTER 91 OF THE GENERAL LAWS. AS MOST RECENTLY
AMENDED BY CHAPTER 5, ACTS OF 1955, FOR ALL DAMAGES THAT MAY BE INCURRED
BY WORK TO BE PERFORMED BY THE DEPARTMENT OF PUBLIC WORKS OF
MASSACHUSETTS FOR THE IMPROVEMENT, DEVELOPMENT,MAINTENANCE,AND
PROTECTION WITHIN THE TOWN OF NEWBURY,OF TIDAL AND NON-TIDAL RIVERS AND
STREAMS,HARBORS,TIDEWATERS,FORESHORES AND SHORES ALONG A PUBLIC BEACH,
INCLUDING THE MERRIMAC RIVER,IN ACCORDANCE WITH SECTION 1 i OF CHAPTER 91
OF THE GENERAL LAWS,AND AUTHORIZE THE SELECTMEN TO EXECUTE AND DELIVER A
BOND OF INDEMNITY THEREFORE TO THE COMMONWEALTH.
ARTICLE 19. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF
SELECTMEN TO ENTER INTO A CONTRACT WITH THE DEPARTMENT OF PUBLIC WORKS
AND THE COUNTY COMMISSIONERS FOR THE CONSTRUCTION AND MAINTENANCE OF
PUBLIC HIGHWAYS FOR THE ENSUING YEAR.
ARTICLE 20. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE OF
THE " DOG FUND" AS A REVOLVING FUND ACCOUNT. FUNDING SHALL BE FROM LICENSE
FEES, LATE FINES,OR ANY OTHER DESIGNATED SOURCES AND WILL BE SUBJECT TO ALL
PROVISIONS OF SEC. 53E ih OF CHAPTER 44 MGL. THE ANIMAL CONTROL OFFICER WITH
THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND$8,000 DURING THE NEXT
FISCAL YEAR FOR ANIMAL CONTROL EXPENSES.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 21. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE OF
THE "MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE FUND"AS
ESTABLISHED BY CLAUSE 72, SEC. 5,CHAPTER 40 MGL AS A REVOLVING FUND ACCOUNT.
FUNDING IN ADDITION TO THAT REQUIRED BY CLAUSE (i) SEC. 2,CHAPTER 60B MGL
SHALL BE BY SUMS RECEIVED FROM WATERWAYS FEES,PERMITS, FINES OR ANY OTHER
DESIGNATED SOURCES SUBJECT TO ALL PROVISIONS OF SEC. 53E;6 OF CHAPTER 44 MGL.
THE HARBORMASTER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO
SPEND$29,087 DURING THE NEXT FISCAL YEAR.
F FINANCE COMMITTEE RECOMMENDS
f
ARTICLE 22. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE SELECTMEN TO
j EXECUTE A DEED CONVEYING THE PARCEL OF LAND DESCRIBED HEREUNDER TO
GOVERNOR DUMMER ACADEMY, A MASSACHUSETTS CORPORATION, OR ITS NOMINEE.
SAID PARCEL BEING DESCRIBED AS FOLLOWS:
THE MARSH LAND ON WEST PARKER RIVER WHICH RUNS FROM OYSTER POINT
TO ROWLEY MILLS,BEING PART OF THE "FORTY-ONE ACRE" LOT. CREEK AND MEADOW
OF DUMMER SCHOOL FARM. CONTAINING FIFTEEN ACRES,NINETY-THREE RODS AND
BEING BOUNDED AS FOLLOWS:
SOUTHEASTERLY BY A MARSH DITCH:
EASTERLY BY A SMALL CREEK:
NORTHERLY BY SAID RIVER.
BEING THE LAST PARCEL DESCRIBED IN TREASURER'S DEED TO THE TOWN OF
NEWBURY, DATED DECEMBER 28, 1939 AND RECORDED WITH THE ESSEX SOUTH
DISTRICT REGISTRY OF DEEDS AT BOOK 3206,PAGE 272.
ARTICLE 23. TO MEET ON TUESDAY,MAY I3, 1997,IN OUR RESPECTIVE VOTING
DISTRICTS FOR THE ELECTION OF TOWN OFFICERS TO FILL THE FOLLOWING POSITIONS,
VIZ: SELECTMAN,ASSESSOR,TOWN CLERK,TREASURER,TAX COLLECTOR,THREE
REGIONAL SCHOOL COMMITTEE MEMBERS, FISH COMMISSIONER AND TWO LIBRARY
TRUSTEES ALL FOR TERMS OF THREE YEARS, TREE WARDEN FOR ONE YEAR,PLANNING
BOARD MEMBER FOR FIVE YEARS. A LIBRARY TRUSTEE MEMBER FOR A ONE YEAR
UNEXPIRED TERM AND TO VOTE ON THE FOLLOWING QUESTION: "SHALL THE TOWN OF
E NEWBURY BE ALLOWED TO EXEMPT FROM THE PROVISIONS OF PROPOSITION TWO AND
ONE-HALF,SO CALLED,THE AMOUNTS REQUIRED TO PAY FOR THE BONDS OR NOTES
ISSUED IN ORDER TO RECONSTRUCT, ADD TO AND EQUIP THE TRITON REGIONAL JUNIOR-
SENIOR HIGH SCHOOL,INCLUDING COSTS INCIDENTAL AND RELATED THERETO?"
THE POLLS WILL BE OPEN AT NOON AND CLOSE AT 8:00 P.M.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED
COPY THEREOF IN EACH VOTING PRECINCT,SEVEN 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 8TH DAY OF APRIL, 1997.
SELECTMEN,TOWN OF NEWBURY A TRUE COP t
T:
ANGIE MACHIROS
JOSEPH S.TEVALD l��L C c{ -
ALAN I.ADAMSPEI WN CLERK
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: 4/ 1 1 /9 7 CONSTABLE
RICHARD N . CUNNINGHAM
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: 4/ 11 /97 CONSTABLE RICHARD N . CUNNINGHAM
TOWN OF NEWBURY
ANNUAL TOWN MEETING
APRIL 22, 1997
RESULTS
A QUORUM BEING PRESENT, THE MEETING WAS CALLED TO ORDER AT 7:30PM BY
THE MODERATOR, RICHARD JOY
THE CALL AND RETURN WERE READ BY THE TOWN CLERK. A MOMENT OF SILENCE
WAS OBSERVED FOR TOWN EMPLOYEES WHO HAD DIED SINCE THE LAST TOWN
MEETING.
ARTICLE 1. WAS MOVED,SECONDED AND VOTED PASSED BY UNANIMOUS VOTE
APPROVING ALL REPORTS.
ROBERT WOOLF,CHAIRMAN OF THE FINANCE COMMITTEE,PRESENTED A FINANCIAL
OVERVIEW OF ALL THE MONEY ARTICLES AND HOW THE TAX LEVY IS CALCULATED.
AN INCREASE OF$40 PER 100K VALUATION FOR 1998 IS EXr rt-i nu.
ARTICLE 2. WAS MOVED, SECONDED AND READ WITH NO HOLDS ON ANY AMOUNTS.
THE ARTICLE PASSED AS PRINTED IN THE AMOUNT OF$2,895,363.
ARTICLE 3. MOVED, SECONDED AND PASSED BY UNANIMOUS VOTE$3,951,570 FOR
TRITON REGIONAL SCHOOL DISTRICT'S FY98 ASSESSMENT TO NEWBURY.
ARTICLE 4. MOVED,SECONDED AND PASSED BY UNANIMOUS VOTE$17,047 FOR THE
v in i i mk VOCATIONAL SCHOOL'S FY98 ASSESSMENT TO NEWBURY.
ARTICLE 5. MOVED, SECONDED AND PASSED BY UNANIMOUS VOTE$170,197 AS THE 1
TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FY98.
ARTICLE 6. MOVED,SECONDED AND PASSED BY UNANIMOUS VOTE$25,000 TO BE
USED FOR THE PURCHASE OF A NEW POLICE CRUISER.
ARTICLE 7. MOVED,SECONDED AND PASSED BY UNANIMOUS VOTE$67,780 FOR THE
PURCHASE OF A NEW 5 TON DUMP TRUCK WITH SANDER AND PLOW.
ARTICLE 8 AND 10 WERE WITHDRAWN BY THE BOARD OF FIRE ENGINEERS.
ARTICLE 9. MOVED,SECONDED AND PASSED BY UNANIMOUS VOTE$8.000 FOR THE
PURCHASE OF 4 NEW SCBA'S.
ARTICLE 11. WAS MOVED AND SECONDED. IT WAS QUESTIONED WHY THE AMOUNT
WAS NOT BROKEN DOWN IN THE TOWN REPORT AS IN PAST YEARS. BOB WOOLF
EXPLAINED 77K WAS ADDED FOR THE ANNUAL DUMP CAP FUND AS VOTED AS WELL
AS THE 97 BALANCE HELD OVER MAKING THIS YEAR THE SAME AS 97. IT WAS
REQUESTED THAT A BREAK DOWN BY GIVEN IN THE NEXT TOWN REPORT. $453,766
WAS VOTED PASSED FOR THE BOARD OF HEALTH.
ARTICLE 12. MOVED,SECONDED AND PASSED$3097 FOR USE BY THE ESSEX COUNTY
MOSQUITO CONTROL PROJECT.
ARTICLE 13. MOVED,SECONDED AND PASSED BY UNANIMOUS VOTE$1 FOR
MOSQUITO CONTROL.
ARTICLE 14. MOVED AND SECONDED. IT WAS ASKED IF THE FIELD HOUSE COULD
BY SEPARATED FROM THE ARTICLE AS THIS HAS DETERRED PASSAGE IN OTHER
TOWNS. DICK BAZIRGAN OF THE SCHOOL COMMITTEE EXPLAINED THAT WE
SHOULD THINK OF THIS NOT AS A FIELD HOUSE BUT A BIG GYM NECESSARY FOR
THE GREATER NUMBER OF PARTICIPANTS. WHEN WILL THIS ADDITION REACH
MAXIMUM CAPACITY? MR.MURPHY SAID IT IS HARD TO PROJECT MORE THAN 10
YEARS BUT IT WILL PROBABLY BE GOOD FOR 20 YEARS. THE COST TO NEWBURY
WILL BE ABOUT$280,000. THERE WILL BE AN INCREASE IN THE OPERATION EXPENSE
BUT THIS WOULD BE TRUE WITH JUST REPAIRS AND THE REQUIRED INCREASE IN
TEACHERS AS WELL. NO FIGURES BUT THE HEATING CHANGE WILL BE AN
IMPROVEMENT. REQUIRED REPAIRS DONE WITH THE NEW ADDITION WOULD COST
113 AS MUCH AS DONE ALONE. PASSED BY A MAJORITY VOTE$29,805,000
CONTINGENT UPON A FAVORABLE VOTE ON THE TOWN ELECTION BALLOT.
ARTICLE 15. MOVED,SECONDED AND PASSED BY UNANIMOUS VOTE$200,000 FOR
THE PURPOSE OF FINANCING WATER POLLUTION ABATEMENT FACILITY PROJECTS.
ARTICLE 16. MOVED,SECONDED AND VOTED PASSED BY UNANIMOUS VOTE$50 000
FOR HIGHWAYS,BRIDGES AND SIDEWALKS. '
! ARTICLE 17. MOVED, SECONDED AND VOTED PASSED BY UNANIMOUS VOTE
$204,434.00 FROM CHAPTER 90 AVAILABLE FUNDS.
ARTICLE 18. MOVED, SECONDED AND VOTED PASSED BY UNANIMOUS VOTE.
ARTICLE 19. MOVED,SECONDED AND VOTED PASSED BY UNANIMOUS VOTE.
ARTICLE 20. MOVED,SECONDED AND VOTED PASSED$8,000 FOR ANIMAL CONTROL
EXPENSES.
I
ARTICLE 21. MOVED,SECONDED AND VOTED PASSED$29,037 FOR THE
HARBORMASTER EXPENSES.
ARTICLE 22. MOVED AND SECONDED. IT WAS EXPLAINED THAT THIS WAS TO
LEGALIZE A PREVIOUS LAND SWAP WITH GDA SINCE THE LAND WAS NOW PASSING
ON TO THE STATE AND NO DEED WAS AVAILABLE. IT WAS ASKED WHERE OYSTER
POINT WAS, IT IS BEHIND THE GOLF COURSE AT THE SPLIT IN THE RIVER. VOTE
PASSED,
ARTICLE 23. MOVED, VOTED,PASSED TO ADJOURN TO THE ELECTION ON MAY 13, 1997.
219 VOTERS WERE CHECKED IN BY THE ASSISTANT REGISTRARS. THE MEETING
ADJOURNED AT 8:30PM.
A TRUE qOPY TT A EST;
MARCIA L PEIRCE, CLERK
I
I
I
ANNUAL TOWN ELECTION
MAY 13, 1997
RESULTS
PCT 1 PCT2 TOTAL
SELECTMAN
ALAN I.ADAMS 512 331 843
TOWN CLERK
MARCIA L PEIRCE 558 374 932
ASSESSOR
BRUCE A.EMERSON 587 361 948
TREASURER
* JAMES D.CASHMAN 550 369 919
COLLECTOR
* JAMES D.CASHMAN 538 363 901
TREE WARDEN
RONALD O.PEARSON 731 482 1213
FISH COMMISSIONER
JOHN K.THISTLEWOOD JR. 652 458 1110
LIBRARY TRUSTEE FOR THREE YEARS
LOIS M. ANDERSON 617 424 1041
JOSEPH P. FIX 560 366 926
L.MATTHEW FREEDMAN 269 184 453
I2USTEE FOR LINE YEAR UNEXPIRED TERM
JENNIFER TYMANN 454 317 771
PLANNING BOARD FOR FIFE YEARS
ROBERT W.DASH 611 378 989
I
--%T A:.W HOOL CON"TTEE FOR THREE YEARS
NEWBURY
* DANIEL B. TYMANN 740 467 1207
ROWLEY
* JOAN C.PETERSEN 522 378 900
SALISBURY
* SUSAN C. FISH 480 355 835
"•" Orr ,.1T Y0 DEBT'EXCLUSION FOR TRITON REGIONAL
,_• zO J.3.A,,.1,
YES 598 389 987
NO 390 214 604
II
TOWN OF NEWBURY
SPECIAL TOWN MEETING
JUNE 24, 1997
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 NEWBURY TOWN HALL, 25
HIGH ROAD IN SAID TOWN OF NEWBURY ON TUESDAY, THE 24TH OF JUNE AT 7:30 P.M.
ON THE FOLLOWING ARTICLES,
VIZ:
ARTICLE 1. TO SEE IF THE TOWN WILL VOTE TO HOLD OVER ANY UNEXPENDED FY97
BALANCES IN THE FOLLOWING ACCOUNTS UNTIL SPENT OR TRANSFERRED:
TOWN CLERK'S EXPENSE,COUNCIL ON AGING EXPENSE,SENIORS'EMERGENCY RELIEF
FUND, HIGHWAY REPAIRS,HIGHWAY BRIDGES AND SIDEWALKS AND POLICE ACCOUNT.
ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO TRANSFER ANY UNEXPENDED
BALANCES IN ALL OTHER FY97 MUNICIPAL ACCOUNTS TO THE RESERVE FUND.
ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO HOLD OVER UP TO$170,000 IN THE
RESERVE FUNDS FY 97 UNEXPENDED BALANCE UNTIL SPENT OR TRANSFERRED.
ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO TRANSFER$30,000 FROM AVAILABLE
j FUNDS TO THE HIGHWAY LABOR ACCOUNT.
ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO TRANSFER$30,000 FROM AVAILABLE
FUNDS TO THE TOWN HALL ADMINISTRATION ACCOUNT.
ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO ACCEPT THE CONTINUATION OF
LONGBROOK ROAD TO THE INTERSECTION OF GREENTREE LANE (FORMERLY KNOWN AS
CROSS STREET) AS A TOWN ROAD.
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 10TH DAY OF JUNE 1997.
SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATTEST:
ANGIE MACHIROS �Q ) ��
JOSEPH S. TEVALD
ALAN 1. ADAMS
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: 6/10/97 CONSTABLE: RICHARD N.CUNNINGHAM
i
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.
N.DATE: 6l10/97 CONSTABLE: RICHARD N CUNNINGHAM
L _
TOWN OF NEWBURY
SPECIAL TOWN MEETING
NNE 24, 1997
RESULTS
THE MEETING WAS CALLED TO ORDER AT 7:35PM BY THE MODERATOR, RICHARD
JOY, WHO DECLARED A QUORUM PRESENT. THE CALL AND RETURN WERE READ BY
THE ASSISTANT TOWN CLERK, DONNA STEFANILE.
ARTICLE 1. MOVED,SECONDED AND VOTED TO MOLD OVER ANY UNEXPENDED FY97
BALANCES IN THE TOWN CLERK'S EXPENSE,COUNCIL ON AGING EXPENSE,SENIORS'
EMERGENCY RELIEF FUND,HIGHWAY REPAIRS, HIGHWAY BRIDGES AND SIDEWALKS
AND POLICE ACCOUNT UNTIL SPENT OR TRANSFERRED.
ARTICLE 2. MOVED,SECONDED AND VOTED TO TRANSFER ANY UNEXPENDED
BALANCES IN ALL OTHER FY97 MUNICIPAL ACCOUNTS TO THE RESERVE FUND.
ARTICLE 3. MOVED,SECONDED AND VOTED TO HOLD OVER UP TO$170,000 IN THE
RESERVE FUND'S FY97 UNEXPENDED BALANCE UNTIL SPENT OR TRANSFERRED.
ARTICLE 4. MOVED,SECONDED AND VOTED TRANSFER$30,000 FROM AVAILABLE
FUNDS TO THE HIGHWAY LABOR ACCOUNT.
ARTICLE 5. MOVED,SECONDED AND VOTED TO TRANSFER$30,000 FROM AVAILABLE
FUNDS TO THE TOWN HALL ADMINISTRATION ACCOUNT.
ARTICLE 6. MOVED,SECONDED AND VOTED TO ACCEPT THE CONTINUATION OF
LONGBROOK ROAD TO THE INTERSECTION OF GREENTREE LANE (FORMERLY
KNOWN AS CROSS STREET)AS A TOWN ROAD.
46 VOTER WERE CHECKED IN BY THE REGISTRARS
MEETING ADJOURNED AT 7:40 PM.
RESPECTFULLY SUBMITTED,
DONNA R.STEFANILE
ASSISTANT TOWN CLERK
I
i
i
I
i
TOWN OF NEWBURY
ANNUAL TOWN MEETING
APRIL 28, 1998
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,
i QUALIFIED TO VOTE IN TOWN AFFAIRS,TO MEET AT THE NEWBURY ELEMENTARY SCHOOL
ON HANOVER STREET IN SAID TOWN OF NEWBURY ON TUESDAY,THE 28TH DAY OF APRIL AT
7:30 P.M.TO ACT ON THE FOLLOWING ARTICLES,VIZ:
ARTICLE 1. TO ACT ON THE REPORTS OF THE SELECTMEN,TREASURER,COLLECTOR,
AUDITOR,SCHOOL COMMITTEE, SPECIAL COMMITTEES,AND ALL OTHER TOWN OFFICERS.
ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
FOLLOWING AMOUNTS FOR THE OPERATION OF THE TOWN IN FISCAL 1999.
FINANCE COMMITTEE RECOMMENDS FY98 FY99 CHANGE
MODERATOR'S SALARY 100 100
SELECTMEN'S SALARIES 15,500 15,500
SELECTMEN'S EXPENSE 11,650 11,650
SELECTMEN'S SECRETARY 27,525 28,344 819
TOWN HALL ADM SERVICE 71,060 73,192 2,132
RESERVE FUND 150,000 150,000
FINCOM EXPENSES 200 200
ACCOUNTANT'S SALARY 26,480 27,275 795
ACCOUNTANT'S EXPENSE 3,095 6,975 3,880
ASSESSORS' SALARIES 8,446 8,699 253
ASSESSORS' EXENSE 71,000 63,700 -7,400
AUDIT TOWN BOOKS 22,380 22,380
TREASURER'S SALARY 18,296 18,845 549
COLLECTOR'S SALARY 18,296 18,845 549
TREASURER-COLLECTOR EXPENSE 39,824 42,216 2,392
LEGAL EXPENSE 25,000 25,000
PERSONNEL BOARD 500 500
COMPUTER ACCOUNT 2,500 2,500
TOWN CLERK'S SALARY 28,856 29,722 866
TOWN CLERK'S EXPENSE 6,900 6,900
ELECTION EXPENSE 5,000 7,200 2,200
REGISTRARS VOTERS SALARIES 550 550
REGISTRARS VOTERS EXPENSE 6,000 6,000
CONSERVATION COMM.EXPENSE 9,757 10,110 353
i TREE WARDEN SALARY 2,253 2,321 68
TREE WARDEN EXPENSE 18,000 23,000 5,000
CLAM FLATS EXPENSE 7,000 7,000
PLANNING BOARD EXPENSE 3,200 3,080 -120
PLANNING BOARD CONSULTANTS 8,000 8,000
SUB DIVISION EXPENSE 500 500
MASTER PLAN 3,500 3,500
MERRIMACK VALLEY PLANNING COMM. 1,715 1,755 40
ZONING BOARD OF APPEALS 700 700
TOWN HALLS MAINT.EXPENSE 70,000 70,000
TOWN REPORTS 2,500 2,500
INSURANCE EXPENSE 122,000 122,000
POLICE DEPARTMENT EXPENSE 692,964 766,350 73,386
FIRE PROTECTION 257,333 288,573 31,240
FOREST FIRES 3,000 5,000 2,000
FIRE ALARM MAINT.EXPENSE 2,750 3,000 250
HYDRANT SERVICE 10,263 11,333 1,070
i AMBULANCE SERVICE 43,000 43,000
f BUILDING INSPECTOR SALARY 28,126 28,970 844
BUILDING INSPECTOR EXPENSE 15,244 15,535 291
GAS INSPECTOR'S EXPENSE 3,000 3,000
PLUMBING INSPECTOR'S EXPENSE 4,000 5,500 1,500
SEALER OF WEIGHTS&MEASURES 1,000 1,000
WIRE INSPECTOR'S EXPENSE 6,000 7,000 1,000
FIRE INSPECTOR'S EXPENSE 3,000 3,000
CIVIL DEFENSE 1,500 1,500
ACO SALARY 14,322 14,752 430
PARKING CLERK'S EXPENSE 2,300 2,500 200
i
f VOCATIONAL TRANSPORTATION 6,700 6,700
HIGHWAY LABOR 224,223 230,950 6,727
HIGHWAY SUPT. SALARY 38,680 39,833 1,153
SNOW REMOVAL 80,000 90,000 10,000
i
STREET LIGHTING 42,000 42,000
HIGHWAY MAINTENANCE 70,000 80,000 10,000
TRUCK MAINTENANCE 60,000 60,000
GARAGE MAINTENANCE 20,000 25,000 5,000
CEMETERIES EXPENSE 3,000 3,000
BOARD OF HEALTH 453,766 453,766
BOARD OF HEALTH AGENT'S EXPENSE 8,000 8,000
COUNCIL ON AGING EXPENSE 56,258 59,872 3,614
VETERANS SERVICES 18,608 19,400 792
NEWBURY TOWN LIBRARY 144,664 159,735 15,071
LIBRARY PUBLIC PHOTOCOPIER EXPENSE 700 700
LIFEGUARD EXPENSE 36,986 36,986
PARKS EXPENSE 43,700 50,000 6,300
HISTORIC COMMISSION 650 650
HISTORIC RECORDS PRESERVATION 3,500 3,500
MEMORIAL DAY 600 600
INTEREST 3,000 3,000
HEALTH INSURANCE 210,000 215,000 5,000
EMPLOYEE LIFE INSURANCE 750 1,500 750
FICA MEDICARE 28,000 33,000 5,000
CONSERVATION FUND 750 750
ARTICLE 2 TOTALS $3,450,720 $3,644,714 $193,994
ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO TRANSFER$26,441 FROM THE RESERVE
FUND TO THE TRITON REGIONAL SCHOOL TO BRING NEWBURY'S FY98 MINIMUM LOCAL
CONTRIBUTION UP TO THE LEVEL MANDATED BY THE STATE'S EDUCATION REFORM ACT OF
1993.
FINANCE COMMITTEE RECOMMENDS
I
ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
j $4,140,238 FOR THE TRITON REGIONAL SCHOOL DISTRICT'S FY99 ASSESSMENT TO NEWBURY. j
FINANCE COMMITTEE RECOMMENDS
ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
f $75,987 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY99 ASSESSMENT TO NEWBURY.
i FINANCE COMMITTEE RECOMMENDS
i'
ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND/OR TAKE
FROM FREE CASH THE SUM OF$182,851 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX
COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 1999.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 7. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE OR TRANSFER
AND APPROPRIATE THE SUM OF$25,000 TO BE USED FOR THE PURCHASE OF A NEW POLICE
CRUISER, OR TAKE ANY OTHER ACTION RELATIVE THERETO.
FINANCE COMMITTEE RECOMMENDS
I
ARTICLE 8. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AN
ADDITIONAL$45,000 TO BE USED FOR THE PURCHASE OF A NEW 1 'h TON DUMP TRUCK.
BY REQUEST OF THE HIGHWAY DEPARTMENT-FINANCE COMMITTEE RECOMMENDS
ARTICLE 9. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE$32,935 FOR
THE PURCHASE OF A NEW PICK-UP TRUCK.
BY REQUEST OF THE HIGHWAY DEPARTMENT-FINANCE COMMITTEE RECOMMENDS
ARTICLE 10. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE$6,000 FOR THE
PURCHASE OF A REPLACEMENT SANDER FOR THE SNO-FIGHTER.
BY REQUEST OF THE HIGHWAY DEPARTMENT-FINANCE COMMITTEE RECOMMENDS
ARTICLE 11. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE$4,000 FOR A
COMPUTER AND RELATED PROGRAMMING FOR THE BOARD OF FIRE ENGINEERS.
BY REQUEST OF THE BOARD OF FIRE ENGINEERS-FINANCE COMMITTEE RECOMMENDS
ARTICLE 12. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AN
ADDITIONAL$12,000 FOR NEW FIRE ALARM EQUIPMENT FOR BOTH FIRE COMPANIES.
BY REQUEST OF THE BOARD OF FIRE ENGINEERS-FINANCE COMMITTEE RECOMMENDS
ARTICLE 13. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AN
ADDITIONAL$22,000 FOR A CHIPPER FOR THE TREE WARDEN'S DEPARTMENT.
BY REQUEST OF THE TREE WARDEN-FINANCE COMMITTEE RECOMMENDS
I
ARTICLE 14. TO SEE IF THE TOWN WILL AUTHORIZE THE DESIGN,CONSTRUCTION AND
ORIGINAL EQUIPPING OF A NEW LIBRARY FACILITY AND THE REBUILDING OF THE
BASEBALL FIELD AT THE SITE OF 50A MAIN STREET,BYFIELD AND APPURTENANT TOWN
OWNED PROPERTIES,AND TO AUTHORIZE THE LIBRARY BOARD OF TRUSTEES TO
CONTRACT FOR AND IN THE NAME OF THE TOWN AND DO ALL OTHER THINGS NECESSARY
FOR THE ACCOMPLISHMENT OF THE FOREGOING PURPOSE;AND TO RAISE AND
APPROPRIATE THE SUM OF$1,798,414 TO DEFRAY THE COST OF DESIGN,CONSTRUCTION AND
ORIGINAL EQUIPPING OF SUCH NEW LIBRARY FACILITY AND TO REBUILD A BASEBALL
FIELD,AND TO MEET THAT APPROPRIATION. TO AUTHORIZE THE TOWN TREASURER,WITH
THE APPROVAL OF THE BOARD OF SELECTMEN,TO BORROW$1,798,414 AS BONDS OR NOTES
UNDER PROVISIONS OF CHAPTER 44,SECTION 7 OF THE GENERAL LAWS,AS AMENDED,AND
FURTHER TO AUTHORIZE SAID LIBRARY BOARD OF TRUSTEES AND/OR THE BOARD OF
SELECTMEN TO APPLY FOR ANY STATE AND/OR FEDERAL FUNDS WHICH MIGHT BE
AVAILABLE TO DEFRAY ALL OR PART OF THE COST OF SAID DESIGN,CONSTRUCTION AND
ORIGINAL EQUIPPING AND TO AUTHORIZE THE LIBRARY BUILDING COMMITTEE TO ACCEPT
AND EXPEND ANY SUCH FUNDS WHEN RECEIVED WITHOUT FURTHER APPROPRIATION.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 15. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
$3,097 FOR USE BY THE ESSEX COUNTY MOSQUITO CONTROL PROJECT TO BE USED TO
MAINTAIN ITS PROGRAM OF TRAPPING THE ADULT GREENHEAD FLIES DURING THE
SUMMER OF 1998.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 16. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AS REQUIRED
BY SECTION 4,OF CHAPTER 112,OF THE ACTS OF 1931,THE SUM OF($1.00)ONE DOLLAR FOR
THE NECESSARY MAINTENANCE DURING THE ENSUING YEAR OF THE MOSQUITO CONTROL
WORKS CONSTRUCTED IN THE TOWN.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 17. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE SELECTMEN TO
EXECUTE A DEED CONVEYING THE PARCEL OF LAND,CONVEYING AN EASEMENT IN THE
PARCEL OF LAND OR CONVEYING A STRIP OF LAND FROM THE PARCEL DESCRIBED
j HEREUNDER TO ROBERT J.TREMBLAY,WHO WILL PAY TO THE TOWN THE FAIR MARKET
PRICE OF WHAT IS TO BE CONVEYED,IN ORDER THAT HIS DWELLING LOCATED ON OLD
POINT ROAD WILL NOT ENCROACH UPON THE ADJACENT LOT,WHICH IS OWNED BY THE
TOWN,FURTHER DESCRIBED AS FOLLOWS:
LOT 73 AS SHOWN ON"PLAN OF SECTIONS 1 AND 2 OF LAND OF PLUM
ISLAND BEACH COMPANY'DATED MAY 1920,ROWLAND H.BARNES AND HENRY S.BEAL,CE.
RECORDED WITH THE ESSEX SOUTH DISTRICT REGISTY OF DEEDS,PLAN BOOK 34,PLAN 22.
BY REQUEST OF ROBERT J.TREMBLAY AND OVER 10 OTHERS.
ARTICLE 18. TO SEE IF THE TOWN WILL VOTE TO ASSUME LIABILITY IN THE MANNER
PROVIDED BY SECTION 29,OF CHAPTER 91 OF THE GENERAL LAWS,AS MOST RECENTLY
AMENDED BY CHAPTER 5,ACTS OF 1955,FOR ALL DAMAGES THAT MAY BE INCURRED BY
WORK TO BE PERFORMED BY THE DEPARTMENT OF PUBLIC WORKS OF MASSACHUSETTS
FOR THE IMPROVEMENT,DEVELOPMENT,MAINTENANCE,AND PROTECTION WITHIN THE
TOWN OF NEWBURY,OF TIDAL AND NON-TIDAL RIVERS AND STREAMS,HARBORS,
TIDEWATERS,FORESHORES AND SHORES ALONG A PUBLIC BEACH,INCLUDING THE
MERRIMAC RIVER,IN ACCORDANCE WITH SECTION 11 OF CHAPTER 91 OF THE GENERAL
LAWS,AND AUTHORIZE THE SELECTMEN TO EXECUTE AND DELIVER A BOND OF
INDEMNITY THEREFORE TO THE COMMONWEALTH.
ARTICLE 19. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF SELECTMEN
TO ENTER INTO A CONTRACT WITH THE DEPARTMENT OF PUBLIC WORKS AND THE COUNTY
COMMISSIONERS FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC HIGHWAYS FOR
THE ENSUING YEAR.
ARTICLE 20. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE OF THE
"DOG FUND"AS A REVOLVING FUND ACCOUNT. FUNDING SHALL BE FROM LICENSE FEES,
LATE FINES,OR ANY OTHER DESIGNATED SOURCES AND WILL BE SUBJECT TO ALL
PROVISIONS OF SEC,53E1/2 OF CHAPTER 44 MGL, THE ANIMAL CONTROL OFFICER WITH THE
APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND$4,000 DURING THE NEXT FISCAL
YEAR FOR ANIMAL CONTROL EXPENSES.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 21. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE OF THE
"MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE FUND"AS ESTABLISHED BY
CLAUSE 72,SEC.5,CHAPTER 40 MGL AS A REVOLVING FUND ACCOUNT.
FUNDING IN ADDITION TO THAT REQUIRED BY CLAUSE(i)SEC.2.CHAPTER 60B MGL
SHALL BE BY SUMS RECEIVED FROM WATERWAYS FEES,PERMITS,FINES OR ANY OTHER
DESIGNATED SOURCES SUBJECT TO ALL PROVISIONS OF SEC. 53E'/z OF CHAPTER 44 MGL.
THE HARBORMASTER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND
$32,259 DURING THE NEXT FISCAL YEAR.
FINANCE COMMITTEE RECOMMENDS
i
ARTICLE e,),
To see if the town will amend section 4.1.2 of the Zoning By-Law to read:
4.1.2 Each single family residence,with its appurtenant structures must occupy a lot having an area of not less than 40,000
square feet and a frontage of not less than 125 feet on a street or way; each two family residence, with its appurtenant
structures,must occupy a lot having an area of not less than 80,000 square feet and a frontage of not less than 125 feet on
a street or way which street or lot frontage width shall extend to at least the required front yard setback line as herein
setforth; provided,however, with respect to each two family residence which occupies a lot serviced by a public water
supply,said lot must have an area of not less than 60,000 square feet and a frontage of not less than 125 feet on a street or
way, notwithstanding the above, any residence legally permitted prior to April 19, 1988 may be used as a single or two
family residence; and no part of any building thereon may stand more than 35 feet in height as measured from,the mean
level of the established grade at the building to the mean height of the roof nor shall be setback not less than 30 feet fr•on:
its street frontage and have side yards aggregating 40 feet and not less than 1 S feet from any property line.
PLANNING BOARD RECOMMENDS
ARTICLE a3
To see if the town will amend the Zoning By-Law by adding the following sections:
4.10 WATER SUPPLY PROTECTION DISTRICT BYLAW
4.10.1 PURPOSES OF DISTRICT
The purposes of the Water Supply Protection District are:
a. To promote the health,safety,and general welfare of the community by ensuring an adequate quality and quantity
of drinking water for the residents,institutions, and businesses of the Town of Newbury.
b. To preserve and protect existing and potential sources of drinking water.
C. To conserve the natural resources of the Town of Newbury.
d. To prevent temporary and permanent contamination of the environment.
4.10.2 SCOPE OF AUTHORITY
The Water Supply Protection District is an overlay district superimposed on the zoning districts. This overlay district shall
apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable
activities or uses which fall within the Water Supply Protection District must comply with the requirements of this district
as well as with the underlying zoning districts. Uses that are prohibited in the underlying zoning districts shall not be
allowed in the Water Suply Protection District.
4.10.3 DEFINITIONS
For the purposes of this bylaw,the following words and phrases shall have the following meanings:
Aquifer: Geologic formation composed of rock, sand,or gravel that contains significant amounts of potentially
recoverable water.
Groundwater: All water found beneath the surface of the ground in a saturated zone.
Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation or
surface water to penetrate into soil.
Mining: The removal or relocation of geologic materials such as topsoil, sand, gravel,metallic ores, or bedrock.
Recharge Areas: Areas that collect precipitation or surface water and transmit it to aquifers. Recharge areas may
include areas designated as Zone 1,Zone II, or Zone III.
Toxic or Hazardous Material: Any substance or mixture of physical,chemical,or infectious characteristics posing
a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or
mixture were discharged to land or water of the Town of Newbury. Toxic or hazardous materials include,without
limitation,synthetic organic chemicals,petroleum products,heavy metals,radioactive or infectious wastes, acids
and alkalis,and all substances defined as Tonic or Hazardous under Massachusetts General Laws(MGL)Chapters
21 C and 21 E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater
than normal household use.
Water Supply Protection District : The zoning district defined to overlay other zoning districts in the Town of
Newbury. The water supply protection district may include specifically-designated aquifers and recharge areas.
Zone II. The area of an aquifer which contributes water to a well under the most severe pumping and recharge
conditions that can be realistically anticipated (180 days of pumping at safe yield with no recharge from
precipitation) as defined in 310 CMR 22.00.
4.10.4 ESTABLISHMENT AND DELINEATION OF THE WATER SUPPLY
PROTECTION DISTRICT
The Water Supply Protection District is hereby established to include all lands within the Town of Newbury lying within
the watersheds of groundwater aquifers which now or may in the future provide public water supply. The boundaries of
the Water Supply Protection District are shown on a map entitled "Water Resources,Town of Newbury,"dated May 21,
1997 and on file in the office of the Town Clerk.
In the absence of a map, or in the case of uncertainty, the Water Supply Protection District is defined as the Zone II
watershed around the wells owned by the Byfield Water Board and the well serving the Newbury Elementary School on
Hanover Street.
4.10.5 DISTRICT BOUNDARY DISPUTES
If the location of the District boundary in relation to a particular parcel is in doubt or dispute,resolution of the boundary
dispute shall be through a Special Permit application to the Zoning Board of Appeals. Any application for a special permit
for this purpose shall be accompanied by adequate documentation.
The burden of proof shall be upon the owner(s) of the parcel in question to show where the bounds should properly be
located. At the request of the owner(s), the Town may engage a professional civil or sanitary engineer, hydrologist,
geologist,or soil scientist to determine more accurately the boundaries of the District with respect to individual parcels of
land, and may charge the owner(s)for all or part of the cost of the investigation.
The determination of the location and extent of Zone H shall be in conformance with the criteria set forth in 310 CMR 22.00
and in the DEP's Guidelines and Policies for Public Water Systems.
4.10.6 USE REGULATION
In the Water Supply Protection District,the following regulations shall apply:
4.10.6.1 Allowed Uses
The following uses are allowed within the Water Supply Protection District,provided that all necessary permits,orders,or
approvals required by local, state,or federal law are also obtained:
i. Residential development,subject to Section B(Prohibited Uses) and Section C (Special Permitted Uses).
ii. Maintenance,repair, and enlargement of any existing structure,subject to Section B (Prohibited Uses)
and Section C (Special Permitted Uses).
iii. Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to Section B
(Prohibited Uses) and Section C (Special Permitted Uses).
iv. Normal operation and maintenance of existing water bodies and dams, splash boards, and other water
control, supply, and conservation devices.
V. Construction,maintenance,repair, and enlargement of drinking water supply related facilities such as,
but not limited to,wells,pipelines, aqueducts, and tunnels. Underground storage tanks related to these
activities are not categorically permitted.
Vt. Foot,bicycle, and/or horse paths, and bridges.
vii. Nature study and outdoor recreation,including play areas,boating,fishing, swimming, and hunting where
otherwise legally permitted.
viii. Conservation of soil,water,plants, and wildlife.
4.10.6.2 Prohibited Uses
The following uses are prohibited within the Water Supply Protection District:
i. Landfills and open dumps as defined in 310 CMR 19.006.
ii. Storage of liquid petroleum products, except for the following:
a. Normal household use, outdoor maintenance, and heating of a structure.
b. Waste oil retention facilities required by MGL Chapter 21, Section 52A.
C. Emergency generators required by statute,rule,or regulation.
d. Treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters,
provided that storage,listed in items(a)through(d)above,is in free-standing containers within
buildings or above ground with secondary containment adequate to contain a spill the size of
the container's total storage capacity.
iii. Landfills receiving only wastewater residuals and/or septage(wastewater residuals "monofills") approved
by the Department pursuant to MGL. c. 21, section 26 through 53;MGL. c. 1 I section 17;MGL. c. 83,
sections 6 and 7,and any regulations promulgated thereunder.
iv. Storage of de-icing chemicals unless such storage, including loading areas, is within a structure designed
to prevent the generation and escape of contaminated runoff or leachate.
V. Storage of animal manure unless covered or contained so as to prevent the escape of contaminated
leachate or runoff in accordance with the specifications of the Natural Resources Conservation Services.
vi. Earth removal,consisting of the removal of soil,loam,sand, gravel,or any other earth material(including
mining activities) to within 6 feet of historical high groundwater as determined from monitoring wells
and historical water table fluctuation data compiled by the United States Geological Survey,except for
excavations for building foundations, roads, utility works, freshwater ponds, and individual sewage
disposal systems.
vii. Facilities that generate,treat,store,or dispose of hazardous waste subject to MGL Chapter 21 C and 310
CMR 30.00,except the following:
a. Very small quantity generators as defined under 310 CMR 30.00.
b. Household hazardous waste collection centers and events operated pursuant to 310 CMR
30.390.
C. Waste oil retention facilities required by MGL Chapter 21, Section 52A.
d. Water remediation treatment works approved under 314 CMR 5.00 for the treatment of
contaminated ground or surface waters.
viii. Automobile graveyards and junkyards,as defined in MGL Chapter 140B, Section 1.
ix. Truck terminals,truck maintenance terminals,bus maintenance terminals,commercial car washes.
X. Discharge to the ground of non-sanitary waste water including industrial and commercial process waste
water except:
a. Replacement or repair of an existing treatment works that will not result in a design capacity
greater than the design capacity of the existing treatment works.
b. Treatment works approved by the Massachusetts Department of Environmental Protection
designed for the treatment of contaminated ground or surface water operating in compliance
with 314 CMR 5.05(3) or 5.05(13).
xi. Storage of liquid hazardous materials, as defined in MGL Chapter 21E, unless in a free-standing
container within a building or above ground with secondary containment adequate to contain a spill the
size of the container's total storage capacity.
xii Industrial and commercial uses which discharge process wastewater on site.
xm. Stockpiling and disposal of snow and ice containing de-icing chemicals if brought in from outside the
District.
xiv. Storage of commercial fertilizers and soil conditioners, as defined in MGL Chapter 128, Section 64.
unless such storage is within a structure designed to prevent the generation and escape of contaminated
leachate or runoff.
xv. Use of septic system cleaners which contain toxic or hazardous chemicals.
4.10.6.3 Special Permitted Uses
The following uses and activities are permitted only upon the issuance of a Special Permit by the Board of
Selectmen under such conditions as the Board may require:
i. Enlargement or alteration of existing uses that do not conform to the Water Supply Protection District.
ii. Construction of dams or other water control devices, ponds,pools,or other changes in waterbodies or
courses, created for swimming, fishing, or other recreational uses, agricultural uses, or drainage
improvements. Such activities shall not adversely affect water quality or quantity.
iii. Any use that will render impervious more than 15%or 2,500 square feet of any lot,whichever is greater.
A system for groundwater recharge must be provided which does not degrade groundwater quality. For
non-residential uses,recharge shall be by stormwater infiltration basins or similar systems covered with
natural vegetation, and dry wells shall be used only where other methods are infeasible. For all non-
residential uses,all such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate
removal of contamination. Any and all recharge areas shall be permanently maintained in full working
order by the owner.
4.10.7 PROCEDURES FOR ISSUANCE OF SPECIAL PERMIT
4.10.7.1 A special permit shall be granted if the Board of Selectmen determines, in conjunction with the Board of Health,
the Conservation Commission,the Board of Water Commissioners, and the Planning Board,that the intent of this
bylaw,as well as its specific criteria, are met. The Board of Selectmen shall not grant a special permit under this
section unless the petitioner's application materials include, in the Board's opinion, sufficiently detailed,definite,
and credible information to support positive findings in relation to the standards given in this section. The Board
of Selectmen shall document the basis for any departures from the recommendations of other town boards in its
decision.
4.10.7.2 Upon receipt of the special permit application,the Board of Selectmen shall transmit one copy each to the Board
of Health,the Conservation Commission,the Board of Water Commissioners, and the Planning Board for their
written recommendations. Failure to respond in writing within 35 days of receipt shall indicate approval or no
desire to comment by said agencies. The requisite five (5) copies of the special permit application shall be
furnished by the applicant.
4.10.7.3 The Board of Selectmen may grant the required special permit only upon finding that the proposed use meets the
following standards,those specified in Section 6 of this bylaw, and any regulations or guidelines adopted by the
Board of Appeals. The proposed use must:
1. In now ,during construction or thereafter, adverse affect the existing or potential quality or u
�' g adversely g P q ty quantity
of water that is available in the Water Supply Protection District,and
2. Be designed to avoid substantial disturbance of the soils,topography, drainage,vegetation, and other
water-related natural characteristics of the site to be developed.
4.10.7.4 The Board of Selectmen may adopt regulations to govern design features of projects. Such regulations shall be
consistent with subdivision regulations adopted by the Planning Board."
4.10.7.5 The applicant shall file five(5)copies of a site plan and attachments. The site plan shall be drawn at a proper scale
as determined by the Board of Appeals and be stamped by a professional engineer. All additional submittals shall
be prepared by qualified professionals. The site plan and its attachments shall include, at a minimum, the
following information where pertinent:
l. A non-refundable application fee of$500,plus $1000 or sufficient funds, as determined by the Board
of Appeals, to ensure review of the plan as needed by independent engineers or other professions as
provided in Section 5 of this bylaw. Said reveiw fees shall be used only for engineering or other
professional services related to the review of the permit application.
2. A complete list of chemicals, pesticides, herbicides,fertilizers, fuels, and other potentially hazardous
materials to be used or stored on the premises in quantities greater than those associated with normal
household use.
3. For those activities using or storing such hazardous materials, a Hazardous Materials Management Plan
shall be prepared and filed with the Board of Health and Fire Chief. The Plan shall include:
a. Provisions to protect against the discharge of hazardous materials or wastes to the environment
due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill
containment and cleanup procedures.
b. Provisions for indoor, secured storage of hazardous materials and wastes on impervious floor
surfaces.
C. Evidence of compliance with the Regulations of the Massachusetts Hazardous Waste
Management Act 310 CMRa 30.00,including obtaining an EPA identification number from the
Massachusetts Department of Environmental Protection.
3. Proposed down-gradient location(s)for groundwater monitoring well(s), should the Board of Selectmen
deem the activity a potential groundwater threat.
4.10.7.6 The Board of Selectmen shall hold a hearing, in conformity with the provision of MGL Chapter 40A, Section 9,
within 65 days after the filing of the application and after the review by the town Boards, Departments, and
Commissions.
Notice of the public hearing shall be given by publication and posting and by fast-class mailings to "parties of
interest"as defined in MGL Chapter 40A,Section 11. The decision of the Board of Selectmen and any extension,
modification,or renewal thereof shall be filed with the Board and Town Clerk within 90 days following the closing
of the public hearing. Failure of the Board to act within 90 days shall be deemed as a granting of the permit.
However,no work shall commence until a certification is recorded as required by said Section 11.
4.10.7.7 Written notice of any violations of this Section shall be given by the Building Inspector to the responsible person
as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the
property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction
violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the
violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy
of such notice shall be submitted to the Board of Health, Conservation Commission, Water Department, and
Planning Board. The cost of containment,cleanup,or other action of compliance shall be borne by the owner and
operator of the premises.
For situations that require remedial action to prevent adverse impact to the water resources within the Water
Supply Protection District, the Building Inspector, the Board of Health,or their agents,may order the owner or
operator of the premises to remedy the violation. If said owner and/or operator fails to comply with said order,
the Building Inspector,the Board of Health,or their agents, if authorized to enter upon such premises under the
terms of the special permit or otherwise,may act to remedy the violation. The cost of remediation shall be the sole
responsibility of the owner and operator of the premises.
4.10.8 SEVERABILITY
A determination that any portion or provision of this Water Supply Protection District bylaw is invalid shall not invalidate
any other portion or provision thereof,nor shall it invalidate any special permit previously issued thereunder.
PLANNING BOARD RECOMMENDS
ARTICLE 2'I
WHEREAS, the Town of Newbury under the authority granted by M.G.L. ch. 40A, sections 1 to 22 inclusive,
enacted the Zoning ByLaws for the purpose of promoting health,safety,convenience and welfare of its inhabitants; and
WHEREAS,the current Newbury Zoning By-Law does not address the regulation of Sexually Oriented Businesses
and fails to take into account the secondary affects that are associated with Sexually Oriented Business uses; and
WHEREAS,it is not the intent of this amendment to Newbury's Zoning By-Laws to suppress any speech activities
protected by the First Amendment,but to enact a content neutral ordinance which addresses the adverse secondary effects
of Sexually Oriented Businesses; and
WHEREAS, the Town of Newbury is aware of these secondary effects of Sexually Oriented Businesses on a
community,specifically identifying negative impacts on children, increased crime against women and children, increased
police activity,health issues including sexually transmitted diseases, the introduction of organized crime into the area, and
impacts on adjacent residential areas in the Town of Newbury; and
WHEREAS, the proposed Zoning By-Law amendment is in the best interest of the Town of Newbury.
To see if the Town of Newbury will Amend the Town of Newbury Zoning By-Law as follows:
Amend Section 3.0 ESTABLISHMENT OF DISTRICTS by the addition of a new Section 3.1.7 to provide as follows:
3.2.1.7 SEXUALLY ORIENTED BUSINESS DISTRICT
Amend Section 3.0 LOCATION OF DISTRICTS by the addition of a new Section 3.2.7 to provide as follows:
3.2.7 SEXUALLY ORIENTED BUSINESS DISTRICT shall be as follows:
3.2.7.1 The SEXUALLY ORIENTED BUSINESS DISTRICT is an overlay district sharing the same dimensions, area and
boundaries as that portion of the INDUSTRIAL DISTRICT more particularly bounded and described in Section 3.2.2.3
of the Zoning By-Law. Nothing herein contained is intended or shall be construed to prohibit and/or limit the use of land
within this DISTRICT for those uses permitted in an INDUSTRIAL DISTRICT.
Add a new Section 10.0 to provide as follows:
10.0 SEXUALLY ORIENTED BUSINESS DISTRICT
10.0.1 DEFINITIONS-The following terms are defined as:
SPECIFIED ANATOMICAL AREAS-shall include any of the following: 1)Less than completely and opaquely
covered human genitals,pubic region,buttocks, anus,or female breasts below a point immediately above the top
of the areolae;or 2)human male genitals in a discernibly turgid state,even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES - shall mean and include any of the following: 1) the fondling or other
intentional touching of human genitals,pubic region,buttocks, anus,or female breasts;or 2) Sex acts,normal or
perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or 3)masturbation, actual or
simulated;or 4)human genitals in a state of sexual stimulation, arousal or tumescence;or 5)excretory functions
as part of or in connection with an of the activities set forth in subdivision 1 through 4 of this definition.
10.0.2 SEXUALLY ORIENTED BUSINESS - shall mean those businesses meeting one or more of the following
definitions:
ADULT ARCADE-an establishment or portion thereof where,for any form of consideration, one or more still
or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for
viewing by five (5)or fewer persons each, are used to show films,motion pictures,video cassettes,computer
displays,slides, or other photographic reproductions which are characterized by the depiction or description of
"Specified Sexual Activities" or"Specified Anatomical Areas".
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE - a commercial
establishment which has as a substantial portion of its stock in trade or a substantial portion of its revenues or
devotes a substantial portion of its interior business or advertising to the sale,rental or viewing for any form of
consideration, of any one or more of the following: books, magazines, periodicals or other printed matter, or
photographs, films,motion pictures,video cassettes, slides,computer software or other visual representations
which are characterized by the depiction or description of"Specified Sexual Activities" or"Specified Anatomical
Areas";or instruments,devices or paraphernalia which are designed for use in connection with "Specified Sexual
Activities".
ADULT CABARET - a nightclub, bar,restaurant,bottle club,or similar commercial establishment,whether
or not alcoholic beverages are served,which features: 1)persons who appear semi-nude, 2) live
performances which are characterized by the exposure of"Specified Anatomical Areas" or by "Specified
Sexual Activities"or 3)films,motion pictures,video cassettes. computer software, slides,or other
photographic reproductions which are characterized by the depiction or description of"Specified Sexual
.Activities" or"Specified Anatomical Areas".
ADULT DANCE CLUB- an establishment which, as its principal form of entertainment,permits a person or
persons to perform in a state of nudity as defined in M.G.L. ch 272 § 31.
ADULT THEATER- a theater, concert hall, auditorium,or similar commercial establishment which, for any
form of consideration, regularly features persons who appear semi- nude or live performances which are
characterized by exposure of"Specified Anatomical Areas" or by "Specified Sexual Activities"
10.0.3 LOCATION OF SEXUALLY ORIENTED BUSINESSES - No person shall establish or cause or permit to be
established a Sexually Oriented Business,within One Thousand Five Hundred feet(1500)of any other building or structure
containing another Sexually Oriented Business nor within Seven Hundred Fifty feet(750')of any public or private school,
public or private park or recreation area,public or private buildings with programs for minors,or religious institution,elder
housing,library,hospital or emergency medical treatment clinic nor within Five Hundred feet(500')of an existing residence
or residential use.
10.0.4 REQUIREMENTS -No person shall establish or cause or permit to be established a Sexually Oriented Business
without fulfilling each of the following requirements:
a. SPECIAL USE PERMIT In appropriate cases and subject to appropriate conditions or safeguards and
limitations on time and use the Board of Selectman may grant a Special Permit to conduct a Sexually Oriented
Business within the SEXUALLY ORIENTED BUSINESS DISTRICT of the Town of Newbury. Such Special
Permit must be renewed annually.
b. LICENSE AND/OR PERMIT REQUIREMENT - No person shall conduct an Sexually Oriented Business
without first obtaining any and all necessary licenses and permits.
10.0.5 PERFORMANCE STANDARDS - Sexually Oriented Businesses shall comply with all of the following
development and performance standards:
a. Advertisements,displays or other promotional materials depicting or describing "Specified Anatomical Areas",
or"Specified Sexual Activities",or displaying instruments,devices,or paraphernalia which are designed for use
in connection with"Specified Sexual Activities" shall not be shown or exhibited so as to be visible from other
areas open to the general public.
b. All building openings,entries, and windows for and Sexually Oriented Bussinessws shall be located,covered,
or screened in such a manner as to prevent a view into the interior of an Sexually Oriented Business from any
area open to the general public.
C. All entrances to Sexually Oriented Businesses shall be clearly and legibly posted by a notice indicating that
minors are prohibited from entering the premises.
d. No loudspeakers or sound equipment shall be used by an Sexually Oriented Businesses for the amplification of
sound to a level discernible by the public beyond the walls of the building in which the Sexually Oriented
Business is conducted.
e. All exterior areas of Sexually Oriented Businesses, including buildings, landscaping and parking areas, shall
be maintained in a clean and orderly manner.
f. A Sexually Oriented Business shall not remain open for business, or permit any employee to engage in a
performance, solicit a performance,make a sale, solicit a sale,provide a service, or solicit a service between
the hours of 1:00 AM. and 10:00 AM of any particular day. These hours of operation may be further
restricted in the conditions approving a Special Use Permit for an Sexually Oriented Business.
g. One ground sign and one business sign not exceeding 50 square feet in total surface area for each building
housing a Sexually Oriented Business shall be permitted. Such sign shall be setback at least 50 feet from any
street lot line and shall be not more than thirty feet above ground or higher than the roof of the building,
which ever is lower. Signs may be either externally or internally lit but in either event shall not be flashing
light source and shall illuminate the sign only
h. No Sexually Oriented Business shall be established:
i* on any lot of less than 60,000 square feet with a frontage of not less than 200 feet.Not more
than 20%of the minimum lot area(example: 16,000 sq. ft. of a 60,000 sq. ft. lot) shall be in
wetlands. Such wetlands are defined in M.G.L., Chapter 131, Section 40 as amended, and
include without limitation bogs, swamps, marshes,wet meadows, and areas of flowing or
standing water,sometimes intermittent, and are characterized by their distinctive soils,
including but not limited to peat or muck: or by the existence of plant communities which
require the presence of water at or near ground surface for the major portion of the year. Such
plant communities are those described in M.G.L., Chapter 131, Section 40, as amended
4/19/88.
ii. any building utilized for a Sexually Oriented Business shall be set back from its road frontage
not less than 100 feet and from its side or rear boundaries not less than 50 feet nor shall exceed
35 feet in height as measured from the mean level of the established grade to the mean height of
the roof,nor shall occupy more than 25%of the lot area.
without onsite parking spaces on a gravel or paved area of not less than 300 square feet per
vehicle and in such numbers and location on site mandated by the Board of Selectman in the
required SPECIAL USE PERMIT.
',i-i.ANNING BO/lt RECOMMENDS
ARTICLE 25. TO MEET ON TUESDAY MAY 12, 1998,IN OUR RESPECTIVE VOTING DISTRICTS
FOR THE ELECTION OF TOWN OFFICERS TO THE FOLLOWING POSTITIONS,VIZ: SELECTMAN,
ASSESSOR.,THREE REGIONAL SCHOOL COMMITTEE MEMBERS,FISH COMMISSIONER AND A
LIBRARY TRUSTEE ALL FOR TERMS OF THREE YEARS,A TREE WARDEN FOR ONE YEAR,A
PLANNING BOARD MEMBER FOR FIVE YEARS,FOUR CONSTABLES FOR ONE,TWO,THREE
AND FOUR YEAR TERMS AND TO VOTE ON THE FOLLOWING QUESTION: "SHALL THE TOWN
OF NEWBURY BE ALLOWED TO EXEMPT FROM THE PROVISIONS OF PROPOSITION TWO AND
ONE-HALF,SO CALLED,THE AMOUNTS REQUIRED TO PAY FOR THE BONDS OR NOTES
ISSUED IN ORDER TO DESIGN,CONSTRUCT AND ORIGINALLY EQUIP A NEW FACILITY FOR
` THE NEWBURY TOWN LIBRARY AND TO REBUILD A BASEBALL FIELD.
THE POLLS WILL BE OPEN AT NOON AND CLOSE AT 8:00 P,M.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED
COPY THEREOF IN EACH VOTING DISTRICT,SEVEN 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 14TH DAY OF APRIL, 1998.
SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST:
ANGIE MACHIROS
MARCIA J . PEIRCE
JOSEPH S . TEVALD
ALAN I . ADAMS
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
j MEET AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED.
DATE: 411511998 CONSTABLE: RICHARD N. CUNNINGHAM
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:
411611998 RICHARD N. CUNNINGHAM
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TOWN OF NEWBURY
ANNUAL TOWN MEETING
APRIL 28, 1998
RESULTS
THE MODERATOR DECLARED A QUORUM PRESENT AND CALLED THE MEETING TO ORDER AT
7:30 PM. THE CALL AND RETURN OF THE CONSTABLE WERE READ BY THE TOWN CLERK.
THE INVOCATION WAS GIVEN BY THE REVEREND WILLIAM CARTER.
A MOMENT OF SILENCE WAS OBSERVED FOR TOWN OFFICIALS WHO HAD DIED SINCE THE
LAST ANNUAL TOWN MEETING. COUNTERS APPOINTED WERE MIKE BULGARIS. BOB DASH
AND BRUCE SAUNDERS.
ARTICLE 1 . WAS MOVED, SECONDED AND VOTED PASSED TO ACCEPT THE REPORTS OF
THE SELECTMEN, TREASURER, COLLECTOR, AUDITOR, SCHOOL COMMITTEE, SPECIAL
COMMITTEES, AND ALL OTHER TOWN OFFICERS.
ARTICLE 2. WAS MOVED AND SECONDED. BOB WOOLF OF THE FINANCE COMMITTEE
PRESENTED AN OVERVIEW OF THE EXPENDITURES AND RESPONDED TO A LETTER
QUESTIONING THE LANDFILL EXPENSES. A HOLD ON THE ACCOUNTANT' S SALARY
QUESTIONED WHY THERE WAS A FIGURE WHEN THERE WASN' T AN ACCOUNTANT. MR.
MACHIROS ACKNOWLEDGED THE RESIGNATION OF GAGE KELLY. MR. WOOLF STATED THE
SALARY IS JUST CARRIED IF NOT USED.
VOTED PASSED TO RAISE AND APPROPRIATE THE PRINTED AMOUNTS FOR THE OPERAI"ION1
OF THE TOWN IN FISCAL 1999.
ARTICLE 3. MOVED, SECONDED AND PASSED TO TRANSFER $26. 441 FROM THE RESERVE
FUND TO TRITON REGIONAL SCHOOL.
ARTICLE 4. MOVED, SECONDED AND PASSED TO RAISE AND APPROPRIATE THE SUM OF
$41. 140, 238 FOR THE TRITON REGIONAL SCHOOL DISTRICT' S FY99 ASSESSMENT.
ARTICLE 5. MOVED, SECONDED AND PASSED TO RAISE AND APPROPRIATE THE SUM OF
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$75. 987 FOR THE WHITTIER VOCATIONAL SCHOOL' S FY99 ASSESSMENT.
4 ARTICLE 6. MOVED, SECONDED AND PASSED TO RAISE AND APPROPRIATE AND/OR TAKE
FROM FREE CASH THE SUM OF $182, 851 AS THE TOWN' S SHARE OF SUPPORTING THE
E:SSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 1999.
ARTICLE 7. MOVED, SECONDED AND VOTED PASSED TO RAISE AND APPROPRIATE OR
TRANSFER AND APPROPRIATE THE SUM OF $25, 000 FOR THE PURCHASE OF A NEW
POLICE CRUISER.
ARTICLE 8. MOVED AND SECONDED. IN RESPONSE TO QUESTIONS, TIM LEONARD
EXPLAINED THAT AGE AND MILEAGE WERE WHY THE HIGHWAY NEEDED THESE NEW
ITEMS. VOTED PASSED TO RAISE AND APPROPRIATE AN ADDITIONAL $45. 000 TO BE
USED FOR THE PURCHASE OF A NEW 1 1/2 TON DUMP TRUCK.
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ARTICLE 9. MOVED, SECONDED AND VOTED PASSED TO RAISE AND APPROPRIATE
$32. 935 FOR THE PURCHASE OF A NEW PICK-UP TRUCK.
ARTICLE 10. MOVED, SECONDED AND VOTED PASSED TO RAISE AND APPROPRIATE
$6. 000 FOR THE PURCHASE OF A REPLACEMENT SANDER FOR THE SNO-FIGHTER.
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ARTICLE 11. MOVED, SECONDED AND VOTED PASSED TO RAISE AND APPROPRIATE
$4. 000 FOR A COMPUTER AND RELATED PROGRAMMING FOR THE BOARD OF FIRE
ENGINEERS.
ARTICLE 12. MOVED, SECONDED AND VOTED PASSED TO RAISE APPROPRIATE AN
ADDITIONAL $12. 000 FOR NEW FIRE ALARM EQUIPMENT FOR BOTH FIRE COMPANIES.
ARTICLE 13. MOVED, SECONDED AND VOTED PASSED TO RAISE AND APPROPRIATE AN
f ADDITIONAL $22, 000 FOR A CHIPPER FOR THE TREE WARDEN' S DEPARTMENT.
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4/28/98
ARTICLE 14. MOVED AND SECONDED. LOIS ANDERSON PRESENTED A 1/2 HOUR
OVERVIEW ON THE NEEDS OF THE LIBRARY, THE GRANT MONEY, THE SERVICES THE NEW
LIBRARY WOULD PROVIDE AND THE IMPACT ON THE TOWN. GENERAL QUESTIONS WERE
ANSWERED AND MANY POSITIVE COMMENTS WERE MADE. BRUCE SAUNDERS GAVE THE
SUPPORT OF THE PLANNING BOARD AND EMPHASIZED THE CONTRIBUTION OF EACH
SECTION OF TOWN. THE COMPLETION DATE WOULD BE 2000. DONALD BLAIR GAVE
SUPPORT FROM THE BASEBALL GROUP WHICH WILL BE RELOCATED WHEN THE LIBRARY IS
BUILT. A COUNTED VOTE OF 298 YES AND 10 NO PASSED THE ARTICLE BY MORE THAN
THE REQUIRED TWO THIRDS.
ARTICLE 15. MOVED, SECONDED AND VOTED PASSED WITH THE USUAL COMMENTS ON HOW
BAD THE MOSQUITOS STILL ARE, $3097 FOR USE BY THE ESSEX COUNTY MOSQUITO
CONTROL PROJECT FOR ITS PROGRAM OF TRAPPING THE ADULT GREENHEAD FLIES
DURING THE SUMMER OF 1998.
ARTICLE 16. MOVED, SECONDED AND PASSED FOR MOSQUITOS.
ARTICLE 17. MOVED AND SECONDED. MR TREMBLAY EXPLAINED WHY HE NEEDED THE
LAND AND HIS UNDERSTANDING THAT THE SELECTMEN NEEDED TOWN MEETING VOTE TO
APPROVE THE SALE. THERE WOULD BE NO CHANGES TO THE PROPERTY. NOT KNOWING
THE AMOUNT OF LAND, ETC. , THE PLANNING BOARD PRESENTED AN AMENDMENT WHICH
WAS SECONDED AND PASSED BY UNANIMOUS VOTE. THE FOLLOWING AMENDED ARTICLE
WAS THEN PASSED BY UNANIMOUS VOTE. . TO SEE IF THE TOWN WILL VOTE TO
AUTHORIZE THE SELECTMEN TO EXECUTE A DEED, SUBJECT TO THE APPROVAL OF THE
PLANNING BOARD, ZONING BOARD OF APPEALS AND ANY OTHER TOWN BOARD AS
REQUIRED, CONVEYING THE PARCEL OF LAND, CONVEYING AN EASEMENT IN THE PARCEL
OF LAND OR CONVEYING A STRIP OF LAND FROM THE PARCEL DESCRIBED HEREUNDER TO
ROBERT J. TREMBLAY, WHO WILL PAY TO THE TOWN THE FAIR MARKET PRICE OF WHAT
IS TO BE CONVEYED, IN ORDER THAT HIS DWELLING LOCATED ON OLD POINT ROAD
WILL NOT ENCROACH UPON THE ADJACENT LOT, WHICH IS OWNED BY THE TOWN.
FURTHER DESCRIBED AS FOLLOWS:
LOT 73 AS SHOWN ON "PLAN OF SECTIONS 1 AND 2 OF LAND OF PLUM ISLAND
BEACH COMPANY' DATED MAY 1920, ROWLAND H. BARNES AND HENRY S. BEAL, C:E.
RECORDED WITH THE ESSEX SOUTH DISTRICT REGISTRY OF DEEDS. PLAN BOOK 34,
PLAN 22.
ARTICLE 18. MOVED, SECONDED AND PASSED.
ARTICLE 19. MOVED, SECONDED AND PASSED.
ARTICLE 20. MOVED AND SECONDED $4000 FOR THE ACO. MR. DAUBITZ QUESTIONED
THE REMOVAL OF SKUNKS. THE ACO INFORMED HIM THAT ONLY A LICENSED WILDLIFE
PERSON COULD NOW HANDLE IT. ARTICLE VOTED PASSED.
ARTICLE 21. MOVED, SECONDED AND VOTED PASSED $32, 259 FOR THE HARBORMASTER.
ARTICLE 22. MOVED AND SECONDED. BRUCE SAUNDERS OF THE PLANNING BOARD GAVE
THE REPORT OF THE HEARING AND EXPLAINED THE NEED FOR THE INCREASE IN
SETBACKS AND FRONTAGE DEPTH. IT WAS QUESTIONED ABOUT PLUM ISLAND AND
GRANDFATHERING. AN AMENDMENT WAS DISCUSSED BUT THE PLANNING BOARD DECIDED
TO WITHDRAW THE ARTICLE AND RESUBMIT IT IN JUNE AFTER ANOTHER HEARING AND
REWORDING.
ARTICLE 23. MOVED AND SECONDED. THE PLANNING BOARD GAVE THE REPORT OF THE
HEARING WITH THEIR FAVORABLE VOTE AND SHOWED AN OVERLAY OF THE AREAS
AFFECTED AND NOTED THE REQUIREMENT OF THE STATE FOR THIS BY-LAW. THE WATER
SUPPLY PROTECTION DISTRICT BYLAW AS PRINTED WAS PASSED BY UNANIMOUS VOTE.
ARTICLE 24. MOVED AND SECONDED. THE PLANNING BOARD GAVE THE REPORT OF THE
HEARING WITH THEIR FAVORABLE RECOMENDATION. THEY SHOWED AN OVERLAY OF THE
SEXUALLY ORIENTED BUSINESS DISTRICT AND EXPLAINED THE NEED FOR HAVING SUCH
A ZONE IN PLACE. A COUNTED VOTE PASSED THE ARTICLE AS PRINTED 136 YES TO 1
NO.
ARTICLE 25. MOVED, SECONDED AND VOTED TO MEET FOR VOTING ON MAY 12. 1998.
MEETING ADJOURNED AT 9:55PM. 315 VOTERS WERE CHECKED IN.
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/, TOWN
RESPECTFULLY SU ' ED,
C
MARCIA J. PEIR CLERK
ANNUAL TOWN ELECTION
MAY 12. 1998
RESULTS
1090 VOTED
PCT 1 PCT 2 TOTAL
SELECTMAN
ANGIE MACHIROS 389 358 747
ASSESSOR
WORTHEN H. TAYLOR JR, 417 372 789
CONSTABLES
CHARLES BEAR 336 373 709Z
RICHARD CUNNINGHAM 446 378 824 ,
MARGARET STONE 365 305 6703
DEBRA DASH 249 234 483q
ROBERT DASH 184 232 416
FISH COMMISSIONER
* H. VERNE NOYES JR. 478 385 863
LIBRARY TRUSTEE
* CHERYL MCCARTHY 258 292 550
MARGARET STONE 193 152 345
PLANNING BOARD
ELIZABETH BEAR COLLINS 407 391 798
TREE WARDEN
* RONALD 0. PEARSON 402 401 803
TRITON REGIONAL SCHOOL COMMITTEE FOR THREE YEARS
NEWBURY
JOAN WEYBURN 421 381 802
ROWLEY
MARTHA MERRILL 182 154 336
JAMES THOEN 119 130 249
SALISBURY
* ALANA CONTI 268 255 523
QUESTION DEBT EXCLUSION FOR LIBRARY
YES 293 388 681
NO 260 131 391
TOWN OF NEWBURY
SPECIAL TOWN MEETING,
JUNE 23, 1998 I
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 NEWBURY FIRE STATION.
MORGAN AVE. IN SAID TOWN OF NEWBURY ON TUESDAY. THE 23RD DAY OF JUNE 1998
7:00 PM, TO ACT ON THE FOLLOWING ARTICLES, VIZ :
TICLE 1. TO SEE IF THE TOWN WILL VOTE TO HOLD OVER ANY UNEXPENDED FY98
BALANCES IN THE FOLLOWING ACCOUNTS UNTIL SPENT OR TRANSFERRED: TOWN HALL_
ADMINISTRATION SERVICES, WETLAND PROTECTION, AGRICULTURAL PRESERVATION,
CLAM FLATS-STATE, DOG REGULATION EXPENSE, WHITTIER REGIONAL ASSESSMENT.
HIGHWAY LABOR WAGES, HIGHWAY REPAIRS, HIGHWAYS, BRIDGES AND SIDEWALKS.
SENIOR EMERGENCY RELIEF FUND, HISTORIC RECORDS PRESERVATION, TRANSFER TO
CONSERVATION FUND, AND PARKER RIVER HYDROLOGICAL STUDY.
FINANCE COMMITTEE RECOMMENDS
S
ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO TRANSFER ANY UNEXPENDED
BALANCES IN ALL OTHER FY98 MUNICIPAL ACCOUNTS TO THE RESERVE FUND.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO HOLD OVER UP TO $190, 000 IN THE
RESERVE FUND' S FY98 UNEXPENDED BALANCE UNTIL SPENT OR TRANSFERRED.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO TAKE FROM FREE CASH THE SUM OF
$100, 000 FOR THE PURCHASE OR LEASE OF A PARCEL OF LAND AND TO CONSTRUCT AND
EQUIP A BALL FIELD FOR THE PURPOSE OF PLAYING BASEBALL, SOCCER, AND OTHER
SIMILAR SPORTS, AND TO AUTHORIZE THE SELECTMEN, IN CONSULTATION WITH THE
BYFIELD-NEWBURY/PLUM ISLAND BASEBALL LEAGUE, TO ENTER INTO ANY AND ALL
CONTRACTS AND AGREEMENTS NECESSARY TO ACCOMPLISH THE SAME, OR TO TAKE ANY
THER ACTION THEREON.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO TAKE FROM FREE CASH THE SUM OF
$7400 TO BRING THE FY99 ASSESSORS' EXPENSE ACCOUNT UP TO ITS FY98 LEVEL.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE SELECTMEN TO
EXECUTE AND CONVEY ANY DEEDS. OR ACCEPT ON BEHALF OF THE TOWN ANY GRANT OF
LAND NECESSARY TO EFFECTUATE A LAND EXCHANGE OF APPROXIMATELY 10, 000 SQUARE
FEET BETWEEN THE TOWN AND EDMUND AND BARBARA PERREAULT OF BYFIELD,
MASSACHUSETTS; THE PURPOSE OF THE EXCHANGE BEING TO CONVEY TO THE
PERREAULTS A SUFFICIENT AMOUNT OF TOWN LAND TO ENABLE THEM TO DEVELOP A
"FORM A" LOT FROM THEIR PRESENT PROPERTY AND TO ENABLE THE TOWN TO GAIN
OWNERSHIP OF THE PORTION OF THE PERREAULT' S LAND ON WHICH THE PARKING FOR
THE BYFIELD TOWN HALL AND FIRE STATION ARE PRESENTLY LOCATED, OR TO TAKE
ANY OTHER ACTION IN REGARD THERETO.
ARTICLE 7. TO SEE IF THE TOWN WILL VOTE TO AMEND THE ZONING BY-LAWS 4. 1. 2
SO THAT IT WILL NOW READ:
4. 1 . 2 Each single family residence, with its appurtenant structures must
occupy a lot having an area of not less than 40, 000 square feet and a
frontage of not less than 125 feet on a street or way and each two family
residence, with its appurtenant structures, must occupy a lot having an
area of not less than 80, 000 square feet and a frontage of not less than
125 feet on a street or way; provided, however, with respect to any two
family residence which occupies a lot serviced by a public water supply.
said lot must have an area of not less than 60, 000 square feet and a
frontage of not less than 125 feet on a street or way. any residence
legally permitted prior to April 19. 1988 may be used as a single or two
family residence. 'The required frontage width on a street or way shall
extend to at least the required front yard setback line as herein setforth
and extend 80% thereof if the actual setback is more than the minimum front
Yard setback. No part of any building thereon may stand more than 35 feet:
in height as measured from , the mean level of the established grade at the
building to the mean height of the roof nor shall be setback not less than
30 feet from its street frontage and not less than 15 feet from any
Property line, provided however that if an existing lot is improved with a
dwelling, including any appurtenant structures, at the time of the
effective date of this amendment (June 23, 1998) said dwelling and any
appurtenant structures may be enlarged and or modified so long as the
sideyard setback and setback from any property line shall not be less than
10 feet and the front yard setback not less than 20 feet .
PLANNING BOARD RECOMMENDS
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 9TH DAY OF JUNE, 1998.
SELECTMEN, TOWN OF NEWB,URY A TRUE COPY ATTES-
��
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 40
PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED, I HAVE NOTIFIED A 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 -6-0 — ?,f CONSTABLE
TOWN OF NEWBURY
SPECIAL TOWN MEETING
RESULTS
JUNE 23, 1998
THE MEETING WAS CALLED TO ORDER AT 7PM IN THE NEWBURY FIRE STATION BY THE
MODERATOR WHO DECLARED A QUORUM PRESENT. THE CALL AND RETURN WERE READ
BY THE TOWN CLERK.
ARTICLE 1. WAS MOVED, SECONDED AND PASSED TO HOLD OVER ANY UNEXPECTED
FY98 BALANCES IN THE FOLLOWING ACCOUNTS UNTIL SPENT OR TRANSFERRED: TOWN
HALL ADMINISTRATION SERVICES,WETLAND PROTECTION,AGRICULTURAL
PRESERVATION,CLAM FLATS-STATE,DOG REGULATION EXPENSE,WHITTIER REGIONAL
ASSESSMENT,HIGHWAY LABOR WAGES,HIGHWAY REPAIRS,HIGHWAYS,BRIDGES AND
SIDEWALKS, SENIOR EMERGENCY RELIEF FUND,HISTORIC RECORDS PRESERVATION,
TRANSFER TO CONSERVATION FUND,AND PARKER RIVER HYDROLOGICAL STUDY.
ARTICLE 2. WAS MOVED, SECONDED AND VOTED TO TRANSFER ANY UNEXPENDED
BALANCES IN ALL OTHER FY98 MUNICIPAL ACCOUNTS TO THE RESERVE FUND.
ARTICLE 3. WAS MOVED,SECONDED AND VOTED TO HOLD OVER UP TO$190,000 IN THE
RESERVE FUND'S FY98 UNEXPENDED BALANCE UNTIL SPENT OR TRANSFERRED.
ARTICLE 4. MOVED AND SECONDED TO TAKE FROM FREE CASH THE SUM OF$100,000 FOR
THE PURCHASE OR LEASE OF A PARCEL OF LAND AND TO CONSTRUCT AND EQUIP A BALL
FIELD FOR THE PURPOSE OF PLAYING BASEBALL, SOCCER,AND OTHER SIMILAR SPORTS,
AND TO AUTHORIZE THE SELECTMEN,IN CONSULTATION WITH THE BYFIELD-
NEWBURY/PLUM ISLAND BASEBALL LEAGUE,TO ENTER INTO ANY AND ALL CONTRACTS
AND AGREEMENTS NECESSARY TO ACCOMPLISH THE SAME, THE SELECTMEN STATED IT
WOULD BE IN A CENTRAL LOCA' ON AND THEY WERE LOOKING AT SEVERAL OPTIONS.
THEY DO NOT WANT TO USE GRANT MONEY AS THE TOWN WOULD LOSE CONTROL.
ARTICLE VOTED PASSED.
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ARTICLE 5. MOVED, SECONDED AND PASSED TO TAKE FROM FREE CASH THE SUM OF
$7400 TO BRING THE FY99 ASSESSORS'EXPENSE ACCOUNT UP TO ITS FY 98 LEVEL.
ARTICLE 6. MOVED AND SECONDED. AN AMENDMENT TO DELETE THE REFERENCE TO
DEVELOPING A FORM A LOT WAS MOVED,SECONDED AND PASSED, THE AMENDED
ARTICLE PASSED AS FOLLOWS: TO AUTHORIZE THE SELECTMEN TO EXECUTE AND
CONVEY ANY DEEDS,OR ACCEPT ON BEHALF OF THE TOWN ANY GRANT OF LAND
NECESSARY TO EFFECTUATE A LAND EXCHANGE OF APPROXIMATELY 10,000 SQUARE
FEET BETWEEN THE TOWN AND EDMUND AND BARBARA PERREAULT OF BYFIELD,
MASSACHUSETTS, TO ENABLE THE TOWN TO GAIN OWNERSHIP OF THE PORTION OF THE
PERREAULT'S LAND ON WHICH THE PARKING FOR THE BYFIELD TOWN HALL AND FIRE
STATION ARE PRESENTLY LOCATED,OR TO TAKE ANY OTHER ACTION IN REGARD
THERETO.
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ARTICLE 7. REGARDING ZONING CHANGES WAS WITHDRAWN BY THE PLANNING BOARD.
THE MEETING WAS ADJOURNED AT 7:15 PM.
RESPECTFULLYM,IpTTED,
MARCIA J.PE C f �LGG� C
TOWN CLERK
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TOWN OF NEWBURY
SECOND SPECIAL TOWN MEETING
JUNE 23, 1998
RESULTS
THE MODERATOR CALLED THE MEETING TO ORDER AT THE TOWN HALL AT 7:30 AND
THEN ADJOURNED IT TO THE FIRE STATION WHERE THERE WAS MORE ROOM FOR THE
MANY VOTERS WHO HAD CHECKED IN. AT 7:35 THE MEETING RESUMED WITH MORE
THAN A QUORUM PRESENT.
ARTICLE 1. WAS MOVED AND SECONDED. IT WAS EXPLAINED THAT OLDTOWN AND
BYFIELD PAY FOR THEIR OWN WATER,THEREFORE THIS AMOUNT SHOULD BE PAID FOR
ONLY THRU PLUM ISLAND BETTERMENT FEES. ARTICLE 3 WOULD PUT THE EXPENSE ON
THE WHOLE TOWN IN THE FORM OF A 2'h OVERRIDE.
MANY RELATED AND UNRELATED QUESTIONS AND CONCERNS WERE RAISED AND
DISCUSSED AT LENGTH. TOWN COUNSEL STATED PUSHING FOR THIS VOTE NOW WAS
JUST TO PROVIDE THE MONEY WHICH MUST BE COMMITTED BY JUNE 30 IN ORDER TO BE
CONSIDERED FOR THE MATCHING STATE MONEY. NEWBURYPORT IS CHECKING WATER
SOURCES. IF THERE IS NOT ENOUGH WATER THERE WILL BE NO LINE. CHAIRMAN
MACHIROS STATED THIS COMMITMENT WAS TO SHOW GOOD FAITH AND THEY WOULD
CONTINUE TO STUDY THE PROBLEM AND THEN COME BACK TO THE TOWN BEFORE
TAKING FURTHER ACTION. A COUNTED VOTE WAS THEN TAKEN WITH 151 VOTING YES
AND 55 VOTING NO. THE ARTICLE PASSED BY THE REQUIRED 2/3 TO APPROPRIATE A SUM
OF MONEY,NOT TO EXCEED$1,800,000.00 FOR THE PURPOSE OF PROVIDING A WATER
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SUPPLY SYSTEM TO THE RESIDENTS OF THE NEWBURY SECTION OF PLUM ISLAND AND
TO RAISE SAID SUM BY BORROWING;PROVIDED THAT ANY SUMS SO BORROWED SHALL
BE REPAID ONLY FROM BETTERMENTS AND/OR USER FEES ASSESSED TO THOSE PERSONS
ON PLUM ISLAND RECEIVING THE BENEFIT OF SAID WATER SUPPLY,OR TO TAKE ANY
OTHER ACTION RELATIVE THERETO.
ARTICLE 2. WAS MOVED,SECONDED AND VOTED BY THE MAJORITY WITHOUT
DISCUSSION TO AUTHORIZE THE SELECTMENT TO ACT AS THE TOWN'S AGENT FOR THE
PURPOSE OF ACCEPTING ANY STATE OR FEDERAL GRANT MONEY WHICH MAY BE
AVAILABLE FOR THE PURPOSE OF PROVIDING THE NEWBURY RESIDENTS OF PLUM
ISLAND WITH A WATER SUPPLY SYSTEM.
ARTICLE 3. WAS QUESTIONED AS TO BEING A MOOT POINT SINCE ARTICLE 1 DID PASS.
IT WAS STILL MOVED,SECONDED AND DECLARED PASSED BY THE MAJORITY TO HOLD A
SPECIAL ELECTION ON JUNE 30, 1998 FOR THE PURPOSE OF APPROVING AN OVERRIDE OF
"PROPOSTION 2 '/z"TO BORROW ONE MILLION,EIGHT HUNDRED THOUSAND DOLLARS
FOR THE PLANNING,DESIGN,AND CONSTRUCTION OF A WATER SUPPLY SYSTEM FOR THE
NEWBURY RESIDENTS OF PLUM ISLAND.
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RESPECTFULLY SUB TTED,
MARCIA J.PEIRCE,TOWN CLE
At the Special Election held on June 30 , 1998 , the article
was defeated by a vote of 876 NO to 251 YES with one blank.
Marcia J . Peirc Town Clerk
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TOWN OF NEWBURY
SPECIAL TOWN MEETING
JUNE 23. 1998
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 NEWBURY TOWN HALL. 25
HIGH ROAD IN SAID TOWN OF NEWBURY ON TUESDAY. THE 23RD DAY OF JUNE 1998 AT
7: 30 PM. TO ACT ON THE FOLLOWING ARTICLES, VIZ:
ARTICLE 1 . TO SEE IF THE TOWN WILL APPROPRIATE A SUM OF MONEY. NOT TO
EXCEED ONE MILLION. EIGHT HUNDRED THOUSAND DOLLARS ( $1, 800, 000. 00) FOR THE
PURPOSE OF PROVIDING A WATER SUPPLY SYSTEM TO THE RESIDENTS OF THE NEWBURY
SECTION OF PLUM ISLAND AND TO RAISE SAID SUM BY BORROWING: PROVIDED THAT
ANY SUMS SO BORROWED SHALL BE REPAID ONLY FROM BETTERMENTS AND/OR USER FEES
ASSESSED TO THOSE PERSONS ON PLUM ISLAND RECEIVING THE BENEFIT OF SAID
WATER SUPPLY, OR TO TAKE ANY OTHER ACTION RELATIVE THERETO.
ARTICLE 2. TO SEE IF THE TOWN WILL AUTHORIZE THE SELECTMEN TO ACT AS THE
TOWN' S AGENT FOR THE PURPOSE OF ACCEPTING ANY STATE OR FEDERAL GRANT MONEY
WHICH MAY BE AVAILABLE FOR THE PURPOSE OF PROVIDING THE NEWBURY RESIDENTS
OF PLUM ISLAND WITH A WATER SUPPLY SYSTEM.
ARTICLE 3. TO SEE IF THE TOWN WILL HOLD A SPECIAL ELECTION BETWEEN THE
HOURS OF 12:00 PM AND 8:00 PM ON JUNE 30. 1998 FOR THE PURPOSE OF APPROVING
AN OVERRIDE OF "PROPOSITION 2 1/2" FOR THE PURPOSE OF BORROWING ONE
MILLION. EIGHT HUNDRED THOUSAND DOLLARS FOR THE PLANNING. DESIGN, AND
CONSTRUCTION OF A WATER SUPPLY SYSTEM FOR THE NEWBURY RESIDENTS OF PLUM
ISLAND.
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 26TH DAY OF MAY, 1998.
SELECTMEN. TOWN OF NEWBURY A TRUE COPY ATTE`;T :
C ,
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.
CONSTABLE
DATE ; ��- ' C/PPr /y7
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 : �.7 /lJ� CONSTABLE _L�4�"`�
l7
TOWN OF NEWBURY
ANNUAL TOWN MEETING
APRIL 27, 1999
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 NEWBURY ELEMENTARY SCHOOL
ON HANOVER STREET IN SAID TOWN OF NEWBURY ON TUESDAY,THE 27T"DAY OF APRIL AT
7:30 P.M.TO ACT ON THE FOLLOWING ARTICLES,VIZ:
ARTICLE 1. TO ACT ON THE REPORTS OF THE SELECTMEN,TREASURER,COLLECTOR,
�I AUDITOR SCHOOL COMMI
TTEE,SPECIAL COMMITTEES,AND ALL OTHER TOWN OFFICERS.
ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE
FOLLOWING AMOUNTS FOR THE OPERATION OF THE TOWN IN FISCAL 2000.
FINANCE COMMITTEE RECOMMENDS FY 99 FY 00 CHANGE
MODERATOR'S SALARY 100 100 0
SELECTMEN'S SALARIES 15,500 15,500 0
SELECTMEN'S EXPENSE 11,650 11,650 0
SELECTMEN'S SECRETARY 30,403 31,309 906
TOWN HALL ADM SERVICE 73,192 75,388 2,196
RESERVE FUND 150,000 50,000 -100,000
FINCOM EXPENSES 200 200 0
ACCOUNTANTS SALARY 29,334 30,214 880
ACCOUNTANTS EXPENSE 6,975 6,830 -145
ASSESSOR'S SALARY 8,699 8,960 261
ASSESSOR'S EXPENSE
63,700
84,400 20,700
AUDIT TOWN BOOKS 22,380 22,380 0
TREASURER'S SALARY 18,845 19,410 565
COLLECTOR'S SALARY 7s�` 18,845 19,410 565
TREASURER-COLLECTOR EXPENSE 42,216 46,650 4,434
LEGAL EXPENSE 25,000 25,000 0
PERSONNEL BOARD 500 500 0
COMPUTER ACCOUNT 2,500 7,500 5,000
TOWN CLERK'S SALARY 29,722 30,614 892
TOWN CLERK'S EXPENSE 6,900 6,000 -900
ELECTION EXPENSE 7,200 5,000 -2,200
REGISTRARS VOTERS SALARIES 550 550 0
REGISTRARS VOTERS EXPENSE 6,000 5,000 -1,000
CONSERVATION COMM. EXPENSE 10,110 17,200 7,090
TREE WARDEN SALARY 2,321 2,391 70
TREE WARDEN EXPENSE 23,000 23,000 0
CLAM FLATS EXPENSE 7,000 7,000 0
PLANNING BOARD WAGES 1,380 1,600 220
PLANNING BOARD EXPENSE 3,080 1,700 -1,380
PLANNING BOARD CONSULTANTS 8,000 12,000 4,000
SUB DIVISION EXPENSE 500 500 0
MASTER PLAN 3,500 3,500 0
MERRIMACK VALLEY PLANNING COMM. 1,755 1,794 39
ZONING BOARD OF APPEALS 700 700 0
TOWN HALLS MAINT, EXPENSE 70,000 70,000 0
TOWN REPORTS 2,500 2,500 0
INSURANCE EXPENSE 122,000 122,000 0
POLICE DEPARTMENT EXPENSE 783,639 818,981 35,342
FIRE PROTECTION 288,573 290,853 2,280
FOREST FIRES 5,000 5,000 0
FIRE ALARM MAINT. EXPENSE 3,000 3,000 0
HYDRANT SERVICE 11,333 11,333 0
AMBULANCE SERVICE 43,000 43,000 0
BUILDING INSPECTOR SALARY 28,970 42,640 13,670
BUILDING INSPECTOR EXPENSE 15,535 5,100 -10,435
GAS INSPECTOR'S EXPENSE 3,000 3,000 0
I
PLUMBING INSPECTOR'S EXPENSE 5,500 5,500 0
SEALER OF WEIGHTS & MEASURES 1,000 1,000 0
WIRE INSPECTOR'S EXPENSE 7,000 7,000 0
FIRE INSPECTOR'S EXPENSE 3,000 3,000 0
CIVIL DEFENSE 1,500 1,500 0
ACO SALARY 14,752 15,195 443
PARKING CLERK'S EXPENSE 2,500 2,500 0
VOCATIONAL TRANSPORT 6,700 6,700 0
HIGHWAY LABOR 230,950 237,879 6,929
HIGHWAY SUPT. SALARY 39,833 41,028 1,195
SNOW REMOVAL 90,000 90,000 0
STREET LIGHTING 42,000 42,000 0
HIGHWAY MAINTENANCE 80,000 80,000 0
TRUCK MAINTENANCE 60,000 60,000 0
GARAGE MAINTENANCE 25,000 25,000 0
CEMETERIES EXPENSE 3,000 3,000 0
BOARD OF HEALTH 453,766 293,766 -160,000
BOARD OF HEALTH AGENT'S EXPENSE 8,000 8,000 0
COUNCIL ON AGING EXPENSE 59,872 64,798 4,926
VETERANS SERVICES 19,400 18,000 -1,400
NEWBURY TOWN LIBRARY 159,735 175,258 15,523
LIBRARY PUBLIC PHOTOCOPIER EXPENSE 1,500 1,500 0
LIFEGUARD EXPENSE 36,986 38,096 1,110
PARKS EXPENSE 50,000 55,554 5,554
HISTORIC COMMISSION 650 650 0
HISTORIC RECORDS PRESERVATION 3,500 3,500 0
MEMORIAL DAY 600 600 0
INTEREST 3,000 3,000 0
HEALTH INSURANCE 215,000 231,650 16,650
EMPLOYEE LIFE INSURANCE 1,500 1,500 0
FICA MEDICARE 33,000 33,000 0
CONSERVATION FUND 750 750 0
ARTICLE 2 TOTALS 3,668,301 3,542,281 -126,020
ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
$4,573,534 FOR THE TRITON REGIONAL SCHOOL DISTRICT'S FY00 ASSESSMENT TO
NEWBURY.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
$32,775 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY00 ASSESSMENT TO NEWBURY.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND/OR TAKE
FROM FREE CASH THE SUM OF$221,650 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX
COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 2000.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE OR TRANSFER
AND APPROPRIATE THE SUM OF$25,000 TO BE USED FOR THE PURCHASE OF A NEW POLICE
CRUISER,OR TAKE ANY OTHER ACTION RELATIVE THERETO.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 7. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF
$2970 FOR USE BY THE ESSEX COUNTY MOSQUITO CONTROL PROJECT TO BE USED TO
MAINTAIN ITS PROGRAM OF TRAPPING THE ADULT GREENHEAD FLIES DURING THE
SUMMER OF 1999.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 8. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AS REQUIRED
BY SECTION 4,OF CHAPTER 112,OF THE ACTS OF 1931,THE SUM OF($1.00)ONE DOLLAR FOR
THE NECESSARY MAINTENANCE DURING THE ENSUING YEAR OF THE MOSQUITO CONTROL
WORKS CONSTRUCTED IN THE TOWN.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 9. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF$204,450 FROM
THE CHAPTER 90 AVAILABLE FUNDS APPORTIONMENT OF SECTION 2B OF CHAPTER 11 OF
THE ACTS OF 1997,MEMORANDUM OF AGREEMENT#37394.
ARTICLE 10. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE OF THE.
"DOG FUND"AS A REVOLVING FUND ACCOUNT. FUNDING SHALL BE FROM LICENSE FEES,
LATE FINES,OR ANY OTHER DESIGNATED SOURCES AND WILL BE SUBJECT TO ALL
PROVISIONS OF SEC,53E1/2 OF CHAPTER 44 MGL. THE ANIMAL CONTROL OFFICER WITH THE
APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND$4,000 DURING THE NEXT FISCAL
YEAR FOR ANIMAL CONTROL EXPENSES.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 11. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE CONTINUANCE OF THE
"MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE FUND"AS ESTABLISHED BY
CLAUSE 72,SEC.5,CHAPTER 40 MGL AS A REVOLVING FUND ACCOUNT.
FUNDING IN ADDITION TO THAT REQUIRED BY CLAUSE(i)SEC.2.CHAPTER 60B MGL
SHALL BE BY SUMS RECEIVED FROM WATERWAYS FEES,PERMITS,FINES OR ANY OTHER
DESIGNATED SOURCES SUBJECT TO ALL PROVISIONS OF SEC.53E'/2 OF CHAPTER 44 MGL.
THE HARBORMASTER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND
$39,936 DURING THE NEXT FISCAL YEAR.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 12. TO SEE IF THE TOWN WILL VOTE TO ASSUME LIABILITY IN THE MANNER
PROVIDED BY SECTION 29,OF CHAPTER 91 OF THE GENERAL LAWS,AS MOST RECENTLY
AMENDED BY CHAPTER 5,ACTS OF 1955,FOR ALL DAMAGES THAT MAY BE INCURRED BY
WORK TO BE PERFORMED BY THE DEPARTMENT OF PUBLIC WORKS OF MASSACHUSETTS
FOR THE IMPROVEMENT,DEVELOPMENT,MAINTENANCE,AND PROTECTION WITHIN THE
TOWN OF NEWBURY,OF TIDAL AND NON-TIDAL RIVERS AND STREAMS,HARBORS,
TIDEWATERS,FORESHORES AND SHORES ALONG A PUBLIC BEACH,INCLUDING THE
MERRIMAC RIVER,IN ACCORDANCE WITH SECTION 11 OF CHAPTER 91 OF THE GENERAL
LAWS,AND AUTHORIZE THE SELECTMEN TO EXECUTE AND DELIVER A BOND OF
INDEMNITY THEREFORE TO THE COMMONWEALTH.
ARTICLE 13. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF SELECTMEN
TO ENTER INTO A CONTRACT WITH THE DEPARTMENT OF PUBLIC WORKS AND THE COUNTY
COMMISSIONERS FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC HIGHWAYS FOR
THE ENSUING YEAR.
ARTICLE 14. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF SELECTMEN
TO PETITION THE GENERAL COURT TO ENACT A SPECIAL LAW RELATIVE TO
DISCONTINUING THE SOUNDING OF TRAIN WHISTLES AT RAILROAD CROSSINGS IN THE
TOWN OF NEWBURY THAT ARE OTHERWISE PROTECTED BY WARNING DEVICES,OR TO
TAKE ANY OTHER ACTION RELATIVE THERETO.
BY REQUEST OF DAVID M.ROSS AND OVER TEN OTHERS.
ARTICLE 15. TO SEE IF THE TOWN WILL VOTE TO AMEND THE DOG BY-LAW BY REPLACING
SECTION I B.WITH THE FOLLOWING,EFFECTIVE APRIL 1,2000:
I B. LICENSING FEES SHALL BE$10 PER DOG. NEW KENNEL LICENSES MAY BE
ISSUED PENDING AN INFORMATIONAL MEETING AND WITH THE APPROVAL OF THE
ACO. KENNEL FEES: 4 DOGS$25, 10 DOGS$50,OVER 10 DOGS$100. BUSINESS
KENNEL$100.
ARTICLE 16. TO SEE IF THE TOWN WILL VOTE TO AMEND THE DOG BY-LAW SECTION II B.
PARAGRAPH TWO BY ADDING THE FOLLOWING:
II B.THE FEE FOR VIOLATION OF RUNNING AT LARGE ON THESE PUBLIC AREAS WILL
BE$25 FOR THE FIRST OFFENSE,$50 FOR THE SECOND OFFENSE AND$100 FOR THE
THIRD AND SUBSEQUENT OFFENSES.
ARTICLE 17. TO SEE IF THE TOWN WILL VOTE TO REPLACE SECTION II D WITH THE
FOLLOWING:
THE ACO IS AUTHORIZED TO CHARGE A FEE OF$25 FOR ANY PICK-UP. A FEE OF$50
WILL BE ASSESSED FOR EACH SUBSEQUENT OFFENSE.
ARTICLE 18. TO SEE IF THE TOWN WILL AUTHORIZE THE BOARD OF SELECTMAN TO
CONVEY A PARCEL OF REAL ESTATE TO THE TRUSTEES OF THE 105 PINE ISLAND ROAD
TRUST AND TO EXECUTE AND DELIVER ALL DEEDS AND INSTRUMENTS NECESSARY
THEREFOR. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS `PARCEL VON A
PLAN ENTITLED `PLAN OF LAND IN NEWBURY,MA SHOWING PROPOSED PARCEL
CONVEYANCE AT PINE ISLAND ROAD EXTENSION.'DATED MARCH 30, 1999,PREPARED BY
MILLENNIUM ENGINEERING,INC. 103 ELM ST.,SALISBURY MA 01952. CONSIDERATION FOR
SAID CONVEYANCE SHALL BE TWO THOUSAND,FIVE HUNDRED($2,500)DOLLARS PAID TO
THE TOWN OF NEWBURY BY THE TRUSTEES OF SAID TRUST.
BY REQUEST OF JOHN A.FADOR AND MORE THAN 10 OTHERS.
ARTICLE 19 To see if the town will vote to amend the Town of Newbury Zoning By-Laws by deleting
existing section 4.1.2 and replacing it with the following:
4. 1.2 Restrictions
4. 1.2. 1 Area and frontage for single familv residence: Each single family residence, with its
appurtenant structure must occupy a lot having an area of not less than 40,0W square feel
and have frontage of not less than 125 feet on a street or way.
4. 1.2.2 Area and frontage for two family residence: Each two family residence, with its
appurtenant structures, must occupy a lot having an area of not less than 80,000 square
feet and a frontage of not less than 125 feet on a street or way; provided, however, with
respect to each two family residence which occupies a lot serviced by a public water
supply, said lot must have an area of not less than 60,000 square feet and a frontage of
not less than 125 feet on a street or way, notwithstanding the above, any residence
legally permitted prior to April 19, 1988 may be used as a single or two family residence.
4. 1.2.3 Reauired Upland: Not more than 20%of the minimum lot area (example 8,000 square
feet of a 40,000 square foot lot) shall be in wetlands. Such wetlands are defined in
M.G.L. Chapter 131, Section 40 as amended, and include without limitation bogs,
swamps, marshes, wet meadows, and areas of flowing of standing water, sometimes
intermittent, and are characterized by their distinctive soils, including but not limited to
peat or muck: or by the existence of plant communities which require the presence of
water a or near ground surface for the major portion of the year. Such plant communities
are those described in M.G.L., Chapter 131, Section 40 as amended.
4. 1.2.4 Grandfathering: .Notwithstanding any provision of this By-Law, a single residence or
any other permitted buildings or structures in all zones may be erected on any lot
registered at the Registry of Deeds in Salem prior to July 1, 1959.Not withstanding any
provisions of this By-Law, a single residence or any other permitted buildings or
structures may be erected in the agricultural-residential district on any lot which (1) has
not less than 100 feet of frontage on a street or way, and(2)was recorded at the Registry
of Deeds in Salem prior to March 21, 1978,and(3)otherwise met ap of the applicable
requirement of the Zoning By-Law in effect at the time it was recorded or registered.
Not withstanding any provisions of this By-Law, a single residence or any other
permitted buildings or structures may be erected in the agricultural-residential district on
any lot which(1) has not less than 20,000 square feet, and(2) was recorded at the
Registry of Deeds in Salem prior to March 21, 1978, and(3)otherwise met all of the
applicable requirement of the Zoning By-Law in effect at the titne it was recorded or
registered.
4. 1.2.4 Height: No part of any building on lots in said district may stand more than 35 feet in
height as riieasured from, the mean level of the established grade at the building to the
mean height of the roof(amended 4/19/88)
4. 1.2.5 Setbacks: No part of any building on lots in said district may stand less than 10 feel
from a property line or less than 20 feet from the street unless a nearer building line is
already established by existing buildings.
P1,ANNING BOARD RECOMMENDS
ARTICLE 20 To see if the town will vote to amend the Town of Newbury Zoning ley-Laws Scction
4. 1.2.5 by appending the following sentence to the existing section:
Any lot created after April 27, 1999 and/or registered at the Registry of Deeds by said date shall have a
Front yard setback of not less than 30 feet from the street.
PLANNING BOARD RECOMMENDS
ARTICLE 21 To see if the town will vote to amend the Town of Newbury Zoning By-Laws Section
4.1.2.5 by appending the following sentence to the existing section:
Any lot created after April 27, 1999 and/or registered at the Registry of Deeds by said date shall have a
side and rear yard setback of not less than 15 feet from a property line.
PLANNING BOARD RECOMMENDS
ARTICLE 22 To see if the town will vote to amend the Town of Newbury Zoning By-Laws Section
4.1.2.5 by appending(lie following sentence to the existing section:
Nothing Herein contained shall prohibit the installation and/or maintenance of underground sanitary
facilities witlun the required setbacks if permitted by applicable sanitary code or codes.
PLANNING BOARD RECOMMENDS
ARTICLE 23 To see if the town will vote to amend the Town of Newbury Zoning By-Laws Section
4.1.2.5 by appending the following sentence to the existing section:
Corner lots (those that face more than one street) created after April 27, 1999 and/or registered at the
Registry of Deeds by said date shall maintain minimum front yard setbacks from both streets on which they
front.
PLANNING BOARD RECOMMENDS
ARTICLE 2`t To see if the town will vote to amend the Town of Newbury Zoning By-Laws Sections
4. 1.2.1 and 4.1.2.2 by appending the following to the section:
` lic required niinimwn frontage shall extend to at least the front yard setback line on lots created after
April 27, 1999 and/or registered at the Registry of Deeds by said date.
PLANNING BOARD RECOMMENDS
ARTICLE 25 To see if the town will vote to amend the Town of Newbury Zoning By-Laws by adding a
new section, 4.1.2.6
4. 1.2.6
Reduced Frontage Lots. In Agricultural/Residential Districts, "backland lots" or"reduced
frontage lots" may be created. Each such"backland lot" or"reduced frontage lot" must meet (lie
following criteria:
a) Have a minimum of 50 feet of street frontage on an approved and/or accepted town way.
b) The minimum allowable lot width between the dwelling site and the access to the public way
is twenty-five (25) feet. All plans for such lots shall show and indicate the minimum lot
width that is in said plan although it may be in excess of twenty-five (25) feet.
c) Applicants shall show, to the satisfaction of the Planning Board, that access to the buildable
portion of the lot is adequate.
d) The minimum lot size shall be four and one-half(4 '/2)acres.
e) Not more than one other reduced frontage lot with frontage contiguous to it will be allowcd
by the same owner.
O No structure shall be erected within 50 feet of any lot line.
g) Once a reduced frontage lot is created and approved by the Planning Board, it cannot be
subsequently divided into parcels less than four and one-half(4 ''/:)acres.
h) The lot must contain at least one and one half( 1 '/2)acres of contiguous land which is not in a
Flood Plain or WetWd
i) The Planning Board may deny this application, if in its opinion, the reduced fron(agc lots arc
intended to subvert the subdivision approval process.
j) Approval of a bacldand lot does not constitute a waiver of any other applicable Bylaw or
statute.
PLANNING BOARD RECOMA ENDS
ARTICLE 26 TO MEET ON TUESDAY MAY 11, 1999,IN OUR RESPECTIVE VOTING DISTRICTS
FOR THE ELECTION OF TOWN OFFICERS TO THE FOLLOWING POSTITIONS,VIZ: SELECTMAN,
ASSESSOR., MODERATOR,THREE REGIONAL SCHOOL COMMITTEE MEMBERS,FISH
COMMISSIONER AND TWO LIBRARY TRUSTEES ALL FOR TERMS OF THREE YEARS,ASSESSOR
FOR ONE YEAR UNEXPIRED TERM,A TREE WARDEN AND CONSTABLE FOR A FOUR YEAR
TERM,AND A PLANNING BOARD MEMBER FOR FIVE YEARS.
THE POLLS WILL BE OPEN AT NOON AND CLOSE AT 8:00 P,M.
AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED
COPY THEREOF IN EACH VOTING DISTRICT,SEVEN 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 13T"DAY OF APRIL, 1999.
SELECTMEN,TOWN OF A TRUE COPY ATTES
&UANT�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: — C5 —l g CONSTABLE: ;7
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: `^�� l C ( CONSTABLE:
ANNUAL TOWN MEETING
APRIL 27, 1999
RESULTS
The moderator,Richard Joy,called the meeting to order at 7:35. The call and return were read by the
Town Clerk. The meeting was opened with the Pledge of Allegiance and a moment of silence for those
Town Officials who had died since the last meeting.
Article 1 was moved,seconded and passed to accept the reports.
Article 2 was moved and seconded. Bob Woolf,chairman of the finance committee,introduced its newest
member Kevin Blanchette and gave an overview of the Town's financial state. The amounts were read
with holds on Reserve Fund and Board of Health. It was explained that the right budget reflected the
Reserve Fund change and an early payment lowered the BOH amount. A budget of$3,542,281.00 was
then passed by unanimous vote.
Article 3 was moved,seconded and passed by unanimous vote to raise and appropriate $4,573,534 for
Triton Regional.
Article 4 was moved,seconded,and passed by unanimous vote to raise and appropriate $32,775 for
Whittier Vo-Tech.
Article 5 was moved,seconded,and voted by unanimous vote to raise and appropriate and/or take from free
cash $221,650 for Essex County Retirement.
Article 6 was moved, seconded,and voted by unanimous vote to raise and appropriate or transfer and
appropriate$25,000 for a new police cruiser.
Article 7 was moved,seconded and voted passed to raise and appropriate$2970 for greenhead control.
Article 8 was moved, seconded and voted by unanimous vote to raise and appropriate$1.00 for mosquito
control.
Article 9 was moved and seconded to appropriate$204,450. Angie explained Ch 90 is for State
reimbursements for roads. Passed by unanimous vote.
Article 10 was moved, seconded and passed for$4000 from the dog revolving fund for ACO use.
Article 11 was moved,seconded and passed by unanimous vote$39,936 from the waterways revolving
account for harbormaster use.
Article 12 on liability was moved,seconded and passed by unanimous vote.
Article 13 regarding the contract with the DPW was moved,seconded and passed by unanimous vote.
Article 14 was moved,seconded and opened for questions regarding the petitioning of the general court for
the discontinuance of the sounding of train whistles within the town.Dave Loring addressed noise and
safety issues,the continuance in emergencies and other towns'bans. Mrs. Loring,Carolyn Thurlow,Roger
Thurlow,Mrs.Lambert and others stated concerns and spoke in favor. Speaking against the whistle ban
was Bob Brown. The Selectmen support the ban. The article passed 176 Yes to 2 No.
Article 15 was moved and seconded to increase the annual dog and kennel fees.The Animal Control
Officer,Carol Larocque explained the changes. Article passed by majority vote.
Article 16,to amend Section IIB of the Dog By-Law by adding fees for violations of running at large,was
moved,seconded,explained by the ACO and then passed by majority vote.
Article 17 was moved and seconded. A typing error omitting "of the Dog By-Law"after Section IID was
noted. After discussion of the need for a leash law,the corrected article passed by a vote of 85 Yes to
54 No.
Article 18 was moved and seconded. Mr.Fador's attorney explained that the garage was found to be on
town land and this sale would clear the deed. The article passed subject to approval by the Planning Board.
Article 19 was moved and seconded. Planning Board chairman,Bruce Saunders,explained that there was
no change in content,just format. Typos were noted in 4.1.2.3,"a"to"at",change 4.1.2.4 to 4.1.2.5
height.,4.1.2.5 to 4.1.2.6 setbacks and in subsequent articles. It was moved,seconded and passed by
unanimous vote to amend the article with these corrections. Amended article passed by unanimous vote.
Article 20 was moved and seconded to increase the front setback to 30'. A favorable Planning Board report
was given. Betty Bear Collins gave definitions and recent survey results regarding growth concerns in
the town. A typographical error was corrected to say"after"not"by". Voted passed 102 Yes to 2 No.
Article 21 to increase the side setbacks was given a favorable report by the Planning Board. A
typographical error was corrected to say"after"not"by". Moved,seconded and questioned by Bob
Walton who felt the change was too restrictive on small lots. It was stated that present lots are
grandfathered. Voted passed 85 Yes 6 No.
Article 22,after the Planning Board report approving the change and correcting the typo to read"after"
instead of "by"in Section 4.1.2.6,was moved,seconded and passed by unanimous vote.
Article 23,after the Planning Board report approving the change and correcting the typo to read"after"
instead of "by"in Section 4.1.2.6,was moved,seconded and passed by unanimous vote.
Article 24 was moved and seconded. Planning Board member Sarah Creighton explained extended
frontage and gave a favorable report. Again the typographical error was corrected to say"after"not by
Passed by unanimous vote.
Article 25 was moved and seconded. The Planning Board gave a favorable report and explained there was
no maximum length to the pork chop road. It was then moved,seconded and voted to amend 4.1.2.6 to
read 4.1.2.7. Amended article passed with 88 Yes to 3 No.
Article 26 was moved,seconded and voted to meet for voting on May 11, 1999. Meeting adjourned at 9:45
PM. 195 voters checked in.
Respectfully Submitted,
//twwlC 1 L2
Marcia J.Peirce,To Clerk
ANNUAL TOWN ELECTION
MAY 11, 1999
RESULTS
101 VOTED
SELECTMEN PCT 1 PCT2 TOTAL
*JOSEPH S.TEVALD 41 41 82
ASSESSOR(3 yr)
JOSEPH P.CUTRONE 41 37 78
ASSESSOR(1 yr)
FRANK N.`BUDD"KELLEY Ill. 40 37 77
MODERATOR
*RICHARD T.JOY 50 42 92
TREE WARDEN
*RONALD O.PEARSON 36 36 72
LIBRARY TRUSTEE
KATHERINE DULLEA 36 28 64
RUTH YESAIR 43 40 83
PLANNING BOARD
* SARAH HAMMOND CREIGHTON 38 35 73
TRITON REGIONAL SCHOOL COMMITTEE
*RICHARD BAZIRGAN-NEWBURY 43 36 79
* C.WALTER HARDY-ROWLEY 36 34 70
*JAMES E.POULIN-SALISBURY 25 18 43
KATHLEEN JACOBSEN-SALISBURY 10 12 22
FISH COMMISSIONER
* EVERETT M.DAVIS 42 40 82
CONSTABLE
*DEBRA E.DASH 41 33 74
TOWN OF NEWBURY
SPECIAL TOWN MEETING
JUNE 29, 1999
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 NEWBURY ELEMENTARY
SCHOOL,HANOVER STREET,IN SAID TOWN OF NEWBURY ON TUESDAY THE 29TH DAY OF
JUNE 1999 AT 7:00 P.M.TO ACT ON THE FOLLOWING ARTICLES,VIZ;
ARTICLE 1. TO SEE IF THE TOWN WILL VOTE TO HOLD OVER ANY UNEXPENDED FY99
BALANCES IN THE FOLLOWING ACCOUNTS UNTIL SPENT OR TRANSFERRED: TOWN HALL
ADMINISTRATION SERVICES,WETLAND PROTECTION,AGRICULTURAL PRESERVATION,
CLAM FLATS-STATE,DOG REGULATION EXPENSE,HIGHWAY LABOR,HIGHWAYS,
BRIDGES&SIDEWALKS,SENIOR EMERGENCY RELIEF FUND,HISTORIC RECORDS
PRESERVATION,CONSERVATION FUND AND LAND PURCHASE-BALLFIELDS.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO TRANSFER ANY UNEXPENDED
BALANCES IN ALL OTHER FY99 MUNICIPAL ACCOUNTS TO THE RESERVE FUND.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO TRANSFER$60,000 FROM THE
RESERVE FUND TO THE FIRE PROTECTION ACCOUNT.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO TRANSFER$19,920 FROM THE
RESERVE FUND TO THE AMBULANCE ACCOUNT.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 5, TO SEE IF THE TOWN WILL VOTE TO HOLD OVER THE RESERVE FUND'S
FY99 UNEXPENDED BALANCE UNTIL SPENT OR TRANSFERRED.
FINANCE COMMITTEE RECOMMENDS
ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO PURCHASE A CERTAIN PARCEL OF
LAND CONTAINING 24 ACRES,MORE OR LESS,LOCATED ON THE CORNER OF ROUTE#1,
OTHERWISE KNOWN AS THE NEWBURYPORT TURNPIKE,AND BOSTON ROAD,IN THE
TOWN OF NEWBURY,SAID LAND BEING MORE PARTICULARLY DESCRIBED IN A DEED TO
STANLEY J.SPYRKA,ET ALI.RECORDED IN THE ESSEX SOUTH DISTRICT REGISTRY OF
DEEDS AT BOOK 6153,PAGE 70 AND SUBSEQUENT DEED RECORDED AT BOOK 10598,PAGE
426,FOR THE PURPOSE OF CONSTRUCTING RECREATIONAL AND PLAYING FIELDS TO BE
USED BY THE CITIZENS OF THE TOWN,AND TO RAISE AND APPROPRIATE,OR TAKE FROM
AVAILABLE FUNDS THE SUM OF EIGHTY-FIVE THOUSAND DOLLARS($85,000)IN FY2000
AND ONE HUNDRED AND ONE THOUSAND,FIVE HUNDRED AND TWELVE DOLLARS AND
NINETY FIVE CENTS($101,512.95)ANNUALLY FOR FY2001 THROUGH FY2004,COMPRISING
THE PURCHASE PRICE OF FOUR HUNDRED AND TWENTY-FIVE THOUSAND DOLLARS
($425,000)TOGETHER WITH INTEREST THEREON AT THE RATE OF 7'/x%PER ANNUM,TO
PAY FOR SAID PURCHASE;THE SELLERS HAVING AGREED TO ALLOW THE TOWN TO PAY
FOR THE LAND IN FIVE ANNUAL INSTALLMENTS,THE FIRST INSTALLMENT TO
COMMENCE IN JULY OF 1999,OR TO TAKE ANY OTHER ACTION RELATED THERETO. THIS
LAND WILL NOT BE PURCHASED UNLESS THE TOWN HAS OBTAINED ALL NECESSARY
PERMITS TO ENABLE THE PROJECT TO BE BUILT.
FINANCE COMMITTEE RECOMMENDS
AN
D 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 IeH DAY OF JUNE, 1999.
SELECTMEN, TOWN OF NEVOURY /1 TRUE COPTAND
i
'L!LSUANT TO THE ABOVE WARRANT TO ME DIRECTED,I HEREBY NOTWARN
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:c-- CONSTABLE: 1
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:
TOWN OF NEWBURY
SPECIAL TOWN MEETING
JUNE 29, 1999
RESULTS
A QUORUM BEING PRESENT,THE MODERATOR CALLED THE MEETING TO ORDER AT 7PM IN
THE"AIR CONDITIONED"AUDITORIUM OF THE NEWBURY ELEMENTARY SCHOOL. THE CALL AND
RETURN WERE READ BY THE TOWN CLERK.
ARTICLE I WAS MOVED BY CHAIRMAN MACHIROS,SECONDED AND VOTED TO HOLD OVER ANY
UNEXPENDED FY99 BALANCES IN THE FOLLOWING ACCOUNTS UNTIL SPENT OR TRANSFERRED:
TOWN HALL ADMINISTRATION SERVICES,WETLAND PROTECTION,AGRICULTURAL PRESERVATION,
CLAM FLATS-STATE,DOG REGULATION EXPENSE,HIGHWAY LABOR,HIGHWAYS,BRIDGES&
SIDEWALKS,SENIOR EMERGENCY RELIEF FUND,HISTORIC RECORDS PRESERVATION,
CONSERVATION FUND AND LAND PURCHASE-BALLFIELDS.
ARTICLE 2 WAS MOVED BY CHAIRMAN MACHIROS,SECONDED AND VOTED TO TRANSFER ANY
UNEXPENDED BALANCES IN ALL OTHER FY99 MUNICIPAL ACCOUNTS TO THE RESERVE FUND.
ARTICLE 3 WAS MOVED BY CHAIRMAN MACHIROS,SECONDED AND VOTED TO TRANSFER$60,000
FROM THE RESERVE FUND TO THE FIRE PROTECTION ACCOUNT.
ARTICLE 4 WAS MOVED,SECONDED AND VOTED TO TRANSFER$19,920 FROM THE RESERVE FUND
TO THE AMBULANCE ACCOUNT.
ARTICLE 5 WAS MOVED,SECONDED AND VOTED TO HOLD OVER THE RESERVE FUND'S FY99
UNEXPENDED BALANCE UNTIL SPENT OR TRANSFERRED.
ARTICLE 6 WAS MOVED BY CHAIRMAN MACHIROS AND SECONDED BY SELECTMAN ADAMS TO
PURCHASE ABOUT 24 ACRES AT THE CORNER OF BOSTON ROAD AND THE NEWBURYPORT
TURNPIKE FOR PLAYING FIELDS. EXTENSIVE QUESTIONS,CONCERNS AND COMMENTS WERE
PRESENTED BY THE VOTERS INCLUDING THE FOLLOWING:WHAT IS THE ENVIRONMENTAL COST?
CONCOM CHAIRMAN PACKER RESPONDED THAT NO IMPACT STATEMENT WAS NECESSARY. WHAT
WERE THE RESULTS OF THE OPEN SPACE SURVEY? PLANNING BOARD CHAIRMAN SAUNDERS
STATED THAT RESULTS HAVE NOT BEEN COMPLETED BUT OPEN SPACE AND PLAYING FIELDS
WERE WANTED. WHAT IS THE DIFFERENCE BETWEEN OPEN AND RECREATIONAL USE?
CONSIDERING OVER HALF THE LAND IS WET,HAVE VERNAL POOLS BEEN CHECKED?A BIOLOGIST
NOT THE CONCOM IS NEEDED. WHAT WILL BE THE COST TO DEVELOP THE LAND AFTER
PURCHASE? ABOUT$500,000 BUT SOME WORK WILL BE DONATED. WHAT ABOUT MANTERS'9
ACRES? IT'S ONLY BIG ENOUGH FOR ONE FIELD BECAUSE OF WETLANDS AND THE RIVER. THIS
LOT COULD BE USED AS PAYMENT TOWARDS THE MANTER FIELD ON CENTRAL STREET ALSO
UNDER CONSIDERATION. THIS IS A GOOD IDEA BUT WHY NOW AND WHY THIS BAD INTERSECTION?
ESSEX COUNTY SPORTSMEN STATED A NEED FOR CONSERVATION LAND AND FELT THIS WAS AN
UNNECESSARY PROJECT WHICH WOULD JUST INCREASE TAXES. SINCE THIS LAND HAS BEEN ON
THE MARKET FOR QUITE A WHILE AT$200,000,WHY IS IT NOW$425,000? WON'T THE PESTICIDES
AFFECT THE FLATS? HOW MANY ACCIDENTS HAVE BEEN AT THIS INTERSECTION? FOUR SINCE
1995. WHAT IS THE ZONING? COMMERCIAL AND RESIDENTIAL. THIS AREA ABUTS FISH AND GAME
LAND AND IS LOADED WITH WILDLIFE. WE HAVE TOO MANY PROJECTS GOING NOW AFFECTING
OUR TAXES. CAN'T WE FIND A BETTER LOCATION? LAND SWAP AND GRANTS CAN HELP WITH
ACQUIRING SOME OF MANTERS LAND. WHAT IS THE APPRAISED VALUE OF THE LAND? CAN'T WE
GET A BETTER INTEREST RATE?
A PAPER BALLOT WAS REQUESTED BUT OVERRIDDEN BY VOICE VOTE.
THE ARTICLE WAS COUNTED BY A STANDING VOTE.
YES 69 TO NO 256 THE ARTICLE DID NOT PASS.
THE REGISTRARS,DEB KNIGHT AND KATHY SIROIS CHECKED IN 335 VOTERS.
THE MEETING WAS ADJOURNED AT 8:15
RESPECTFULLY SUBMITTED
MARCIA J.PEIRCE,TOWN
6-c-