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HomeMy Public PortalAbout2000-2010 TOWN CLERK RECORDS 1 TOWN OF NEWBURY ANNUAL TOWN MEETING APRIL 25,2000 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 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 2001. FINANCE CONOUTTEE RECOMMENDS FY00 FY01 CHANGE MODERATOR'S SALARY 100 100 SELECTMEN'S�SALARIES 15,500 15,500 SELECTMEN'S EXPENSE 11,650 11,650 SELECTMEN'S SECRETARY 31,309 32,749 1,440 TOWN HALL ADM SERVICE 75,388 75,388 RESERVE FUND 50,000 50,000 FINCOM EXPENSES 200 200 ACCOUNTANT'S SALARY 40,000 41,200 1,200 ACCOUNTANT'S EXPENSE 6,830 4,000 (2,830) ASSESSORS' SALARIES 8,960 9,229 269 ASSESSORS'EXPENSE 84,400 69,100 (15,300) AUDIT TOWN BOOKS 22,380 22,380 TREASURER'S SALARY 19,410 22,993 3,583 COLLECTOR'S SALARY 19,410 22,993 3,583 TREASURER-COLLECTOR EXPENSE 46,650 45,000 (1,650) LEGAL EXPENSE 25,000 25,000 PERSONNEL BOARD 500 500 COMPUTER ACCOUNT 7,500 7,500 TOWN CLERK'S SALARY 30,614 31,533 919 TOWN CLERK'S EXPENSE 6,000 6,500 500 ELECTION EXPENSE 5,000 6,000 1,000 REGISTRARS VOTERS SALARIES 550 550 REGISTRARS VOTERS EXPENSE 5,000 5,000 CONSERVATION COMM.EXPENSE 17,200 17,200 TREE WARDEN SALARY 2,391 2,463 72 TREE WARDEN EXPENSE 23,000 23,000 CLAM FLATS EXPENSE 7,000 7,000 PLANNING BOARD WAGES 1,600 1,700 100 PLANNING BOARD EXPENSE 1,700 2,000 300 PLANNING BOARD CONSULTANTS 12,000 12,000 SUBDIVISION EXPENSE 500 500 MASTER PLAN 3,500 3,500 MERRIMACK VALLEY PLANNING COMM. 1,794 1,839 45 ZONING BOARD OF APPEALS 700 965 265 TOWN HALLS MAINT.EXPENSE 70,000 70,000 TOWN REPORTS 2,500 2,500 y INSURANCE EXPENSE 122,000 122,000 POLICE DEPARTMENT EXPENSE 818,981 845,333 26,352 FIRE PROTECTION 350,853 372,783 21,930 FOREST FIRES 5,000 5,000 FIRE ALARM MAINT.EXPENSE 3,000 3,000 HYDRANT SERVICE 11,333 11,333 AMBULANCE SERVICE 43,000 43,000 BUILDING INSPECTOR SALARY 42,640 45,344 2,704 BUILDING INSPECTOR EXPENSE 5,100 5,100 GAS INSPECTOR'S EXPENSE 3,000 3,000 PLUMBING INSPECTOR'S EXPENSE 5,500 5,500 SEALER OF WEIGHTS&MEASURES 1,000 1,000 WIRE INSPECTOR'S EXPENSE 7,000 7,000 FIRE INSPECTOR'S EXPENSE 3,000 3,000 1 I CIVIL DEFENSE 1,500 1,500 ACO SALARY 15,195 15,651 456 PARKING CLERK'S EXPENSE 2,500 2,500 VOCATIONAL TRANSPORTATION 6,700 6,700 HIGHWAY LABOR 278,907 356,910 78,003 1 SNOW REMOVAL 90,000 90,000 STREET LIGHTING 42,000 42,000 HIGHWAY MAINTENANCE 80,000 80,000 TRUCK MAINTENANCE 60,000 60,000 GARAGE MAINTENANCE 25,000 25,000 CEMETERIES EXPENSE 3,000 3,000 BOARD OF HEALTH 293,766 293,766 BOARD OF HEALTH AGENT'S EXPENSE 8,000 8,000 COUNCIL ON AGING EXPENSE 64,798 69,374 4,576 VETERANS SERVICES 18,000 18,000 NEW13URY TOWN LIBRARY 175,258 331,646 156,388 LIFEGUARD EXPENSE 38,096 39,104 1,008 PARKS EXPENSE 55,554 58,000 2,446 HISTORIC COMMISSION 650 650 HISTORIC RECORDS PRESERVATION 3,500 3,500 MEMORIAL DAY 600 800 200 I INTEREST 3,000 3,000 1 HEALTH INSURANCE 231,650 280,000 48,350 1 EMPLOYEE LIFE INSURANCE 1,500 1,642 142 1 FICA MEDICARE 33,000 35,000 2,000 CONSERVATION FUND 750 750 � I ARTICLE 2 TOTALS 3,610,567 3,948,618 338,051 I � I I ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $4,814,761 FOR THE TRITON REGIONAL SCHOOL DISTRICT'S FY01 ASSESSMENT TO NEWBURY. FINANCE COMMITTEE RECOMMENDS ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $40,196 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY01 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$164,461 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX REGIONAL RETIREMENT SYSTEM FOR FISCAL YEAR 2001. FINANCE COMMITTEE RECOMMENDS ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $2,970 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 2000. FINANCE COMMITTEE RECOMMENDS ARTICLE 7. 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 8. 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 i ARTICLE 9. 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'V2 OF CHAPTER 44 MGL. THE HARBORMASTER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND$41,359 DURING THE NEXT FISCAL YEAR. FINANCE COMMITTEE RECOMMENDS ARTICLE 10. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM$135,352.56 FROM THE CHAPTER 90 AVAILABLE APPORTIONMENT OF CHAPTER 53 OF THE ACTS OF 1999, MA. #37746 AND CHAPTER 127 OF THE ACTS OF 1999 MA.#38103. ARTICLE 11. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE OR TRANSFER AND APPROPRIATE THE SUM OF$25,400 TO BE USED FOR THE PURCHASE OF A NEW POLICE CRUISER,OR TAKE ANY OTHER ACTION RELATIVE THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 12. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $15,000 TO BE USED FOR THE PURCHASE OF AN AIR COMPRESSOR FOR THE HIGHWAY DEPARTMENTS JACK HAMMER. FINANCE COMMITTEE RECOMMENDS ARTICLE 13. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $26,325 TO PURCHASE A 4 X 4 PICK-UP TRUCK FOR HIGHWAY DEPARTMENT. FINANCE COMMITTEE RECOMMENDS ARTICLE 14. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $10,975 FOR A RIDE-ON MOWER FOR THE HIGHWAY DEPARTMENT'S MAINTENANCE OF TOWN PARKS. FINANCE COMMITTEE RECOMMENDS 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 WITIIIN 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 I 1 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 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 17. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE AND TAKE FROM AVAILABLE FUNDS IN THE FY 2000 BUDGET THE SUM OF$225,000 TO PURCHASE A CERTAIN PARCEL OF LAND LOCATED ON KENTS WAY IN NEWBURY,MA.,FOR USE AS RECREATIONAL FIELDS AND OPEN SPACE; SAID LAND BELONGING TO JAMES AND CYNTHIA MACKAY AND BEING 5.7 ACRES,MORE OR LESS,BEING DESCRIBED AS LOT#4 ON A PLAN OF LAND ENTITLED"NEWBURY BALL FIELDS"DATED 4/23/99 AS DRAWN BY MILLENNIUM ENGINEERING,INC.,ALSO BEING A PORTION OF THE LAND SHOWN ON NEWBURY ASSESSORS MAP#U14 LOT 19. FINANCE COMMITTEE RECOMMENDS ARTICLE 18. TO AUTHORIZE THE SELECTMEN TO LEASE THE PROPERTIES KNOWN AS THE YELLOW SCHOOL AND BYFIELD TOWN HALL FOR$1 (ONE DOLLAR)PER YEAR TO THE YELLOW SCHOOL COMMUNITY ARTS CENTER(YSCAC)FOR AN INITIAL PERIOD OF NOT LESS THAN TWO YEARS AND NOT MORE THAN FIVE YEARS. DURING THIS PERIOD THE TOWN WILL CONTINUE TO PROVIDE LIABILITY AND FIRE INSURANCE AND PROPERTY MAINTENANCE. GROUP USUAGE OF THE BUILDINGS BY THE GRANGE,THE BOY SCOUTS AND TOWN ELECTIONS WILL CONTINUE AS USUAL. IN ADDITION, 18 COMMUNITY SERVICE DAYS PER YEAR(NON-ACCUMULATING)WILL BE SET ASIDE. DURING THIS INITIAL PERIOD THE COMMUNITY ARTS CENTER WILL UPGRADE BOTH BUILDINGS TO CODE,MAINTAINING THEIR ARCHITECTURAL STYLE. WHEN THE RENOVATIONS HAVE BEEN COMPLETED AND THE ART CENTER IS READY TO OPEN,A RENEWABLE LEASE OF AT LEAST 25 YEARS,TRANSFERRING ALL EXPENSES TO THE YSCAC,WILL GO INTO EFFECT. AS LONG AS THE YSCAC MAINTAINS THE PROPERTIES AND FULFILLS THE ARTS EDUCATION OF THE COMMUNITY,THE LEASE WILL BE RENEWED. FAILURE OF THE YSCAC TO MEET THESE CONDITIONS NULLLIFIES THE LEASE BY REQUEST OF JOHN ASHTON JR.AND OVER TEN OTHERS. ARTICLE 19. TO SEE IF THE TOWN WILL VOTE TO ACCEPT COURTNEY DRIVE,1,148 FEET IN LENGTH AND 50 FEET IN WIDTH,AS A TOWN ROAD. RECOMMENDED BY THE PLANNING BOARD ARTICLE 20. TO SEE IF THE TOWN WILL VOTE TO ACCEPT AUSTIN LANE,2,036 FEET IN LENGTH AND 50 FEET IN WIDTH AS A TOWN ROAD. RECOMMENDED BY THE PLANNING BOARD ARTICLE 21. To see if the Town will vote to amend Sections 4.2.3.4 and 4.4.2.6 of the Zoning By-Laws to read, "Communication and Television Towers as provided for in Section 8.0,"and the insertion of Section 8 to the Zoning By-Laws entitled, 'Personal Wireless Service Facilities'as follows: SECTION 8.0 Personal Wireless Service Facilities 8.1.0. Purpose and Intent 8.2.0. Definitions 8.3.0. District Regulations 8.3.1. Use Regulations 8.3.2. location 8.3.3. Dimensional Requirements 8.3.3.1. Height,General 8.3.3.2. Height,Ground-Mounted Facilities 8.3.3.3. Height,Side-and Roof-Mounted Facilities 8.3.3A. Height,Existing Structures 8.3.3.5. Height,Wireless Facility Overlay Districts 8.3.3.6. Setbacks 8.3.3.7. Flexibility 8.4.0. Special Permit Regulations 8.4.1. Design Standards 8A.2. Environmental Standards 8.4.3. Safety Standards 8.5.0. Application Procedures 8.5.1. Special Permit Granting Authority 8.51. Pre-Application Conference 8.53. Pre-Application Filing Requirements 8.5.4. Application Filing Requirements 8.5A.1. General 8.5.4.2. Location 8.5.4.3. Siting 8.5A.4. Design 8.5.4.5. Noise 8.5.4.6. Radio Frequency Radiation(RFR) 8.5.4.7. Environmental 8.6.0. Ca-location , 8.7.0. Modifications 8.8.0. Monitoring and Maintenance 8.9.0. Abandonment and Disconfinuation of Use 8.10.0. Reconstroction/Replacemea t of Existing Towers and Monopoles 8.11.0. Term of Special Permit 8.12.0. Validity 8.1.0 Purpose and Intent It is the express purpose of this bylaw to minimize the visual and environmental impacts of personal wireless service facilities. The Bylaw enables the review and approval of personal wireless service facilities by the Newbury(hereinafter referred to as the`Town")Zoning Board of Appeals in keeping with the Town's existing bylaws and historic development patterns,including the size and spacing of structures and open spaces. This bylaw is intended to be used in conjunction with other regulations adopted by the Town,including historic district regulations,site plan review and other local bylaws designed to encourage appropriate land use,environmental protection,and provision of adequate infrastructure development in Newbury. The regulation of personal wireless service facilities is consistent with the purpose of the ongoing planning efforts of the Town of Newbury through its local comprehensive plan to further the conservation and preservation of developed,natural and undeveloped areas,wildlife,flora and habitats for endangered species;balanced economic growth; the prevision of adequate capital facilities;the coordination of the provision of adequate capital facilities with the achievement of other goals;and the preservation of historical,cultural,archaeological,architectural and recreational values. 8.2.0 Definitions 8.2.1 Above Ground Level(AGL). A measurement of height from the natural grade of a site to the highest point of a structure. 8.2.2 Antenna. The surface from which wireless radio signals are sent and received by a personal wireless service facility. 8.2.3 Camouflaged. A personal wireless service facility that is disguised,hidden,part of an existing or proposed structure or placed within an existing or proposed structure is considered"camouflaged." 8.2.4 Carrier. A company that provides wireless services. 8.2.5 Co-location. The use of a single mount on the ground by more than one carrier(vertical co-location)and/or several mounts on an existing building or structure by more than one carrier. 8.2.6 Cross-volarized(or dual-volarized)antenna. A low mount that has three panels flush vaunted or attached very close to the shaft. 8.2.7 Elevation. The measurement of height above sea level. ' 8.2.8 Environmental Assessment(EA). An EA is the document required by the Federal Communications Commission (FCC)and the National Environmental Policy Act(NEPA)when a personal wireless service facility is placed in certain designated areas. I 8.2.9 Equipment Shelter. An enclosed structure,cabinet,shed or box at the base of the mount within which are housed batteries and electrical equipment. 8.2.10 Fall Zone. The area on the ground within a prescribed radius from the base of a personal wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris(such as ice)or collapsing material. 8.2.11 Functionally Equivalent Services. Cellular,Personal Communication Services(PCS),Enhanced Specialized Mobile Radio,Specialized Mobile Radio and Paging. 8.2.12 Guyed Tower. A monopole or lattice tower that is tied to the ground or other surface by diagonal cables. 8.2.13 Lattice Tower. A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel. 8.2.14 Licensed Carrier. A company authorized by the FCC to construct and operate a commercial mobile radio services system. 8.2.15 Monopole. The type of mount that is self-supporting with a single shaft of wood,steel or concrete and a platform(or racks)for panel antennas arrayed at the top. 8.2.16 Mount. The structure or surface upon which antennas are mounted,including the following four types of mounts: 1. Roof-mounted. Mounted on the roof of a building. 2. Side-mounted. Mounted on the side of a building. 3. Ground-mounted. Mounted on the ground. 4. Structure-mounted. Mounted on a structure other than a building. 8.2.17 Omnidirectional(whip)antenna.A thin rod that beams and receives a signal in all directions. 8.2.18 Panel Antenna. A flat surface antenna usually developed in multiples. 8.2.19 Personal Wireless Service Facility. Facility for the provision of personal wireless services,as defined by the Telecommunications Act. 8.2.20 Personal Wireless Services. The three types of services regulated by this Model Bylaw. 8.2.21 Radiofrequencv(RF)Engineer.An engineer specializing in electrical or microwave engineering,especially the study of radiofrequencies. 8.2.22 Radiofrequency Radiation(RFR). The emissions frompersonal wireless service facilities. 8.2.23 Security Barrier. A locked,secure wall,fence or berm that completely seals an area from unauthorized entry or trespass. 8.2.24 Separation. The distance between one carrier's array of antennas and another carrier's array. 8.2.25 Special Permit Granting Authority(SPGA)shall be the Zoning Board of Appeals for the purposes of this bylaw 8.3.0 District Regulations 8.3.1 Use Regulations A personal wireless service facility shall require a building permit in all cases and may be permitted as follows: 8.3.1.1 A personal wireless service facility may locate on any existing guyed tower,lattice tower,monopole,electric utility transmission tower,fire tower or water tower,provided that the installation of the new facility does not increase the height of the existing structure except as provided in Section 8.3.3.5 below. Such installations shall not require a Special Permit but shall require site plan approval by the Zoning Board of Appeals. 8.3.1.2 A personal wireless service facility involving construction of one or more ground or building(roof or side)mounts shall require a Special Pemvt. Such facilities may locate by Special Permit in Industrial Districts and Commercial Highway Districts within the Town,provided that the proposed use complies with the height and setback requirements of Section 8.3.3 and all of the Special Permit Regulations set forth in Section 8.4.0 of this Bylaw. 8.3.1.3 A personal wireless service facility that exceeds the height restrictions of Sections 8.3.3.1—8.3.3.5 may be permitted by Special Permit in a designated Wireless Service Overlay District provided that the proposed facility complies with the height restrictions of Section 8.3.3.6,and all of the setback and Special Permit Regulations set forth in Sections 8.3.3 and 8.4.0 of this Bylaw. 8.3.2 Location Applicants seeking approval for personal wireless service facilities shall comply with the following: 8.3.2.1 If feasible,personal wireless service facilities shall be located on existing structures,including but not limited to buildings,water towers,existing telecommunications facilities,utility poles and towers,and related facilities,provided that such installation preserves the character and integrity of those structures. In particular,applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more personal wireless service facilities. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate. 8.3.2.2 If the applicant demonstrates that it is not feasible to locate on an existing structure,personal wireless service facilities shall be designed so as to be camouflaged to the greatest extent possible,including but not limited to: use of compatible building materials and colors, screening,landscaping and placement within trees. 8.3.2.3 The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building permit and/or Special Permit. 8.3.3 Dimensional Requirements Personal wireless service facilities shall comply with the following requirements: 8.3.3.1 Height,General Regardless of the type of mount,personal wireless service facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition,the height of a personal wireless service facility shall not exceed by more than ten feet the height limits of the zoning district in which the facility is proposed to be located,unless the facility is completely camouflaged such as within a flagpole,steeple,chimney,or similar structure. Personal wireless service facilities may locate on a building that is legally non-conforming with respect to height,provided that the facilities do not project above the existing building height. 8.3.3-2 Height,Ground-Mounted Facilities Ground-mounted personal wireless service facilities shall not project higher than ten feet above the average building height or,if there are no buildings within 300 feet,these facilities shall not project higher than ten feet above the average tree canopy height,measured from ground level(AGL). If there are no buildings within 300 feet of the proposed site of the facility,all ground-mounted personal wireless service fscilities shall be surrounded by dense tree growth to screen views of the facility in all directions.These ones may be existing on the subject property or planted on site. 8.3.3.3 Heiehy Side-and Roof-Mounted Facilities Side-and roof-mounted personal wireless service facilities shall not project more than ten feet above the height of an existing building nor project more than ten feet above the height limit of the zoning district within which the facility is located.Personal wireless service facilities may locate on a building that is legally non-conforming with respect to height,provided that the facilities do not project above the existing building height. 8.3.3.4 Heigh(.Existing Structures New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that then;is no increase in height of the existing structure as a result of the installation of a personal wireless service facility: Water towers,guyed towers,lattice towers,fire towers and monopoles. 8.3.3.5 Height Existing Structures.Ttilityl New antennas located on any of the following existing structures shall be exempt from a height restrictions o this bylaw provided that there is no more than a twenty foot(20')increase in the height of the existing structure as a result of the installation of a personal wireless service facility: electric transmission and distribution towers,telephone poles and similar existing utility structures. This exemption shall not apply in Historic Districts,within 150 feet of the right-of--way of any scenic roadway,or in designated scenic viewsheds. 8.3.3.6 Height,Wireless Facility Overlav Districts On the Wireless Facility Overlay District(herein designated as the Industrial District and Commercial Highway District on the town zoning map),personal wireless service facilities of up to 150 feet in height may be permitted by Special Permit. Monopoles are the preferred type of mount for such taller structures. Such structures shall comply with all setback and Special Permit Regulations set forth in Ibis Bylaw. 8.3.3.7 Setbacks All personal wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition,the following setbacks shall be observed: 9.3.3.7.1 In order to ensure public safety,the minimum distance from the base of any ground-mounted personal wireless service facility to any property line,road,habitable dwelling,business or institutional use,or public recreational area shall be the height of the facility/mount,including any antennas or other appurtenances. This setback is considered a"fall zone." 8.3.3.7.2 In the event that an existing structure is proposed as a mount for a personal wireless service facility,a fall zone shall not be required,but the setback provisions of the zoning district shall apply. In the case of pre-existing non- confomdng structures,personal wireless service facilities and their equipment shelters shall not increase any non- conformities,except as provided in Section 8.3.3.8 below. 8.3.3.8 Flexibility In reviewing a Special Permit application for a personal wireless service facility,the Zoning Board of Appeals(SPGA)may reduce the required fall zone and/or setback distance of the zoning district by as much as 50%of the required distance,if it finds that a substantially better design will result from such reduction. In making such a finding,the Zoning Board of Appeals shall consider both the visual and safety impacts of the proposed use. 8.4.0 Suecial Permit Regulations All personal wireless service facilities shall comply with the Performance Standards set forth in this section. 8.4.1 Design Standards 8.4.1.1 Visibility/Camouflage Personal wheless service facilities shall be camouflaged as follows: 8.4.1.1.1 Camouflage by Existing Buildings or Structures: a. When a personal wireless service facility extends above the roof height of a building on which it is mounted,every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the facade in order to limit their impact on the building's silhouette. b. Personal wireless service facilities which are side mounted shall blend with the existing building's architecture and,if over 5 square feet,shall be painted or shielded with material which is consistent with the design features and materials of the building. 8.4.1.1.2 Camouflage by Vegetation: If personal wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual butler. Ground-mounted personal wireless service facilities shall provide a vegetated buffer of sufficient height and depth to effectively screen the facility. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. The SPGA shall approve the types of trees and plant materials and depth of the needed buffer based on site conditions. 8.4.1.1.3 Color: a. Personal wireless service facilities which am side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them. b. To the extent that any personal wireless service facilities extend above the height of the vegetation immediately surrounding it,they shall be painted in a light grey or light blue hue which blends with sky and clouds. 8.4.1.2 Eauinment Shelters Equipment shelters for personal wireless service facilities shall be designed consistent with one of the following design standards: a. Equipment shelters shall be located in underground vaults;or b. Equipment shelters shall be designed consistent with local architectural styles and materials;or c. Equipment shelters shall be camouflaged behind an effective year-round landscape buffer,equal to the height of the proposed building,and/or wooden fence. The SPGA shall approve the style of fencing and/or landscape buffer that is compatible with the neighborhood. 8.4.1.3 Lighting and Signage 7 a. Personal wireless service facilities shall be lighted only if required by the Federal Aviation Administration(FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed,and footcandle measurements at the property line shall be 0.0 initial footcandles when measured at grade. b. Signs shall be limited to those needed to identify the property and the owner and wam of any danger. All signs shall comply with the requirements of the Town's sign regulations. c. All ground mounted personal wireless service facilities shall be surrounded by a security barrier. 8.4.1 A Historic Buildings and Districts a. Any personal wireless service facilities located on or within an historic structure shall not alter the character-defining features,distinctive construction methods,or original historic materials of the building. b. Any alteration made to an historic structure to accommodate a personal wireless service facility shall be fully reversible. c. Personal wireless service facilities within an historic district shall be concealed within or behind existing architectural features,or shall be located so that they are not visible from public roads and viewing areas within the district. 8.4.1.5 Scenic Landscapes and Vistas a.Personal wireless service facilities shall not be located within open areas or locations that are visible from public roads, recreational areas or residential development. As required in the Camouflage section above,all ground-mounted personal wireless service facilities which are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth. b. Any personal wireless service facility that is located within 300 feet of a scenic vista,scenic landscape or scenic road as designated by the town shall not exceed the height of vegetation at the proposed location. If the facility is located farther than 300 feet from the scenic vista,scenic landscape or scenic road,the height regulations described elsewhere in this bylaw will apply. 8.4.2 Environmental Standards 9.4.2.1 Personal wireless service facilities shall not be located in wetlands.Locating of wireless facilities in wetland buffer areas shall be avoided whenever possible and disturbance to wetland buffer areas shall be minimized. 8.4.2.2 No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site,there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor,designed to contain at least 110%of the volume of the hazardous materials stored or used on the site. 8.4.2.3 Stormwater run-off shall be contained on-site. 8.4.2.4 Ground-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 db at the property line. 8.4.2.5 Roof-mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 db at ground level at the base of the building closest to the antenna. 8.4.3 Safety Standards 8.4.3.1 Radiofrequencv Radiation(RFR)Standards All equipment proposed for a personal wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation(FCC Guidelines). 8.5.0 Application Procedures 8.5.1 Special Permit Granting Authority(SPGA). The Special Permit Granting Authority(SPGA)for personal wireless service facilities shall be the Zoning Board of Appeals. 8.5.2 Pre-Application Conference Prior to the submission of an application for a Special Permit under this regulation,the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed personal wireless service facility in general terms and to clarify the filing requirements. The SPGA shall meet with an applicant within forty-two(42)days following a written request submitted to the SPGA and the Town Clerk. If the SPGA fails to meet with an applicant who has requested such a meeting within forty-two(42)days of said request and said meeting has not been postponed due to mutual agreement,the applicant may proceed with a Special Permit application without need for a pre-application conference. 8.5.3 Pre-Application Filing Requirements The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed personal wireless service facility. As such,no formal filings are required for the pre-application conference. However,the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility,as well as its scale and overall design. 8.5.4 Application Filing Requirements The following shall be included with an application for a Special Permit for all personal wireless service facilities: 8.5.4.1 General Filing Requirements a) Application fee for Special Permit. b) An amount of money to be placed in an engineering review escrow account. The Planning Board may enact regulations setting such fees. c) Name,address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co- applicants. d) Co-applicants may include the landowner of the subject property,licensed tamers and tenants for the personal wireless service facility. e) A licensed carder shall either be an applicant or a co-applicant f) Original signatures for the applicant and all co-applicants applying for the Special Permit If the applicant or co- applicant will be represented by an agent,original signature authorizing the agent to represent the applicant and/or co- applicant Photomproductions of signatures will not be accepted. g) Copy of Department of Public Health letter of approval 8.5.4.2 Location Filina Requirements a) Identify the subject property by including the Town as well as the name of the locality,name of the nearest road or roads,and street address,if any. b) Tax map and parcel number of subject property. c) Zoning district designation for the subject parcel(Submit copy of Town zoning map with parcel identified) d) A line map to scale showing the lot lines of the subject property and all properties within 300 feet and the location of all buildings,including accessory structures,on all properties shown. e) A town-wide map showing the other existing personal wireless service facilities in the Town and outside the Town within one mile of its corporate limits. f) The proposed locations of all existing and future personal wireless service facilities in the Town on a Town-wide map for this carrier. 8.5.4.3 Siting Filing Reouirementa a) A one-inch-equalsAO feet vicinity plan showing the following: 1) Property lines for the subject property. 2) Property lines of all properties adjacent to the subject property within 300 feet 3) Tree cover on the subject property and adjacent properties within 300 feet,by predominant species and average height,as measured by or available from a verifiable source. 4) Outline of all existing buildings,including purpose(e.g.residential buildings,garages,accessory structures,etc.)on subject property and all adjacent properties within 300 feet 5) Proposed location of antenna,mount and equipment shelter(s). 6) Proposed security barrier,indicating type and extent as well as point of controlled entry. 7) Location of all roads,public and private,on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the personal wireless service facility. 8) Distances,at grade,from the proposed personal wireless service facility to each building on the vicinity plan. 9) Contours at each two feet AMSL for the subject property and adjacent properties within 300 feet. 10) All proposed changes to the existing property,including grading,vegetation removal and temporary or permanent roads and driveways. 11) Representations,dimensioned and to scale,of the proposed mount,antennas,equipment shelters,cable runs, parking areas and any other construction or development attendant to the personal wireless service facility. 12) Lines representing the sight line showing viewpoint(point from which view is taken)and visible point(point being viewed)from"Sight Lines"sub-section below. b) Sight lines and photographs as described below: 1) Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building(viewpoint)within 300 feet to the highest point(visible point)of the personal wireless service facility. Each sight line shall be depicted in profile,drawn at one inch equals 40 feet The profiles shall show all intervening trees and buildings. In the event there is only one(or more)residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads,if any. 2) Existing(before condition)photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road within 300 feet. 3) Proposed(after condition). Each of the existing condition photographs shall have the proposed personal wireless service facility superimposed on it to show what will be seen from public roads if the proposed personal wireless service facility is built. c) Siting elevations,or views at-grade from the north,south,east and west for a 50-foot radius around the proposed personal , wireless service facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale and show the following: 1) Antennas,mounts and equipment shelter(s),with total elevation dimensions and AGL of the highest point 2) Security barrier. If the security barrier will block views of the personal wireless service facility,the barrier drawing shall be cut away to show the view behind the barrier. 3) Any and all structures on the subject property. 4) Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned. 5) Grade changes,or cuts and fills,to be shown as original grade and new grade line,with two-foot contours above mean sea level. 8.5.4A Design Filing Requirements a) Equipment brochures for the proposed personal wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas,mounts,equipment shelters,cables as well as cable runs,and security barrier,if any. b) Materials of the proposed personal wireless service facility specified by generic type and specific treatment(e.g., anodized aluminum,stained wood,painted fiberglass,etc.). These shall be provided for the antennas,mounts,equipment shelters,cables as well as cable runs,and security barrier,if any. c) Colors of the proposed personal wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas,mounts,equipment shelters,cables as well as cable runs,and security barrier,if any. d) Dimensions of the personal wireless service facility specified for all three directions: height,width and breadth. These shall be provided for the antennas,mounts,equipment shelters and security barrier,if any. e) Appearance shown by at least two photographic superimpositions of the personal wireless service facility within the subject property. The photographic superimpositions shall be provided for the antennas,mounts,equipment shelters,cables as well as cable runs,and security barrier,if any,for the total height,width and breadth. f) Landscape plan including existing trees and shrubs and those proposed to be added,identified by size of specimen at installation and species. g) Within 30 days of the pre-application conference,or within 21 days of filing an application for a Special Permit,the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date,time and location of such test shall be advertised in a newspaper of general circulation in the Town at least 14 days,but not more than 21 days prior to the test h) If lighting of the site is proposed,the applicant shall submit a manufacturers computer-generated point-to-point printout, indicating the horizontal footcandle levels at grade,within the property to be developed and twenty-five(25)feet beyond the property lines. The printout shall indicate the locations and types of luminaires proposed. 8.5.4.5 Noise Filing Requirements The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed personal wireless service facilities,measured in decibels Ldn(logarithmic scale,accounting for greater sensitivity at night),for the following: I) Existing,or ambient: the measurements of existing noise. 2) Existing plus proposed personal wireless service facilities: maximum estimate of noise from the proposed personal wireless service facility plus the existing noise environment Such statement shall be certified and signed by an acoustical engineer,stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. 8.5.4.6 Radiofrequencv Radiation(RFR)Filing Requirements The applicant shall provide a statement listing the existing and maximum future projected measurements of RFR from the proposed personal wireless service facility,for the following situations: 1) Existing,or ambient: the measurements of existing RFR. 2) Existing plus proposed personal wireless service facilities: maximum estimate of RFR from the proposed personal wireless service facility plus the existing RFR environment. 3) Certification,signed by a RF engineer,stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards sub-section of this Bylaw. 8.5.4.7 Federal Environmental Filing Requirements a) The National Environmental Policy Act(NEPA)applies to all applications for personal wireless service facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1,Section 1.1301 et seq.(47 CRF Ch.1). The FCC requires that an environmental assessment(EA)be filed with the FCC prior to beginning operations for any personal wireless service facility proposed in or involving any of the following: Wilderness areas. Wildlife preserves. Endangered species habitat Historical site. Indian religious site. Flood plain. Wetlands. High intensity white lights in residential neighborhoods. Excessive radiofrequency radiation exposure. b) At the time of application filing,an EA that meets FCC requirements shall be submitted to the SPGA for each personal wireless service facility site that requires such an EA to be submitted to the FCC. c) The applicant shall list location,type and amount(including trace elements)of any materials proposed for use within the personal wireless service facility that are considered hazardous by the federal,state or local government. 8.5.4.8 The Special Permit Granting Authority may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility. 8.6.0 Co-location 8.6.1 Licensed carriers shall share personal wireless service facilities and sites where feasible and appropriate,thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for a Special Permit for a personal wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes: 1) A survey of all existing structures that maybe feasible sites for co-locating personal wireless service facilities; 2) Contact with all the other licensed carriers for commercial mobile radio services operating in the County; and 3) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. 0 8.6.2 In the event that co-location is found to be not feasible,a written statement of the masons for the infeasibility shall be submitted to the Town. The Town may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant The Town may deny a Special Permit to an applicant that has not demonstrated a good faith effort to provide for co-location. 8.6.3 If the applicant does intend to co-locate or to permit co-location,the Town shall request drawings and studies which show the ultimate appearance and operation of the personal wireless service facility at full build-out 8.6.4 If the SPGA approves co-location for a personal wireless service facility site,the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Facilities specified in the Special Permit approval shall require no further zoning approval. However,the addition of any facilities not specified in the approved Special Permit shall , require a new Special Permit Estimates of RFR emissions will be required for all facilities,including proposed and future facilities. 8.7.0 Modifications A modification of a personal wireless service facility may be considered equivalent to an application for a new personal wireless service facility and will require a Special Permit when the following events apply: a) The applicant and/or co-applicant wants to alter the terms of the Special Pemtil by changing the personal wireless service facility in one or more of the following ways: 1) Change in the number of facilities permitted on the site; 2) Change in technology used for the personal wireless service facility. b) The applicant and/or co-applicant wants to add any equipment or additional height not specified in the original design filing. 8.8.0 Monitoring:and Maintenance 8.8.1 After the personal wireless service facility is operational,the applicant shall submit,within 90 days of beginning operations,and at annual intervals from the dale of issuance of the Special Permit,existing measurements of RFR from the personal wireless service facility. Such measurements shall be signed and certified by a RF engineer,stating that RFR measurements are accurate and meet FCC Guidelines star specified in the Radiofrequency,Standards section of this Bylaw. 8.8.2 After the personal wireless service facility is operational,the applicant shall submit,within 90 days of the issuance of the Special Permit,and at annual intervals from the date of issuance of the Special Permit,existing measurements of noise from the personal wireless service facility. Such measurements shall be signed by an acoustical engineer,stating that noise measurements are accurate and meet the Noise Standards sub-section of this Bylaw. 8.8.3 The applicant and co-applicant shall maintain the entire personal wireless service facility in good condition. Such maintenance shall include,but shall not be limited to,painting,structural integrity of the mount and security barrier, and , maintenance of the buffer areas and landscaping. 8.9.0 Abandonment or Discontinuation of Use 8.9.1 At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier will notify the Zoning Beard of Appeals by certified U.S.mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carver fails to give such notice,the personal wireless service facility shall be considered abandoned upon such discontinuation of operations. 8.9.2 Upon abandonment or discontinuation of use,the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. `Physically remove"shall include,but not be limited to: a) Removal of antennas,mount,equipment shelters and security barriers from the subject property. b) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations. c) Restoriag the location of the personal wireless service facility to its natural condition,except that any landscaping and grading shall remain in the after-condition. 9.9.3 If a carrier fails to remove a personal wireless service facility in accordance with this section of this Bylaw,the town shall have the authority to enter the subject property and physically remove the facility. The Zoning Board of Appeals may require the applicant to post a bond at the time of construction to cover costs for the removal of the personal wireless service facility in the event the Town must remove the facility. 8.10.0 Recroslrucdon or Relacement of Existine Towers and Monopoles Guyed towers,lattice towers,utility towers and monopoles in existence at the time of adoption of this Bylaw may be reconstructed,altered,extended or replaced on the same site by Special Permit,provided that the Zoning Board of Appeals (SPGA)finds that such reconstruction,alteration,extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the existing structure. In making such a determination,the Zoning Board of Appeals shall consider whether the proposed reconstruction,alteration,extension or replacement will create public benefits such as opportunities for co-location,improvements in public safety,and/or reduction in visual and environmental impacts. No reconstruction,alteration,extension or replacement shall exceed the height of the existing facility by more than twenty(20) feet 8.11.0 Term of S�ccial Permit A Special Permit issued for any personal wireless service facility over fitly(50)feet in height shall be valid for fifteen(15) years. At the end of that time period,the personal wireless service facility shall be removed by the carrier or a new Special Pemdt shall be required. 8.12.0 Validity The invalidity of any other section or provision of this Bylaw shall not invalidate any other section or provision thereof. 11 ARTICLE 22. TO MEET ON TUESDAY MAY 9,2000,IN OUR RESPECTIVE VOTING DISTRICTS FOR THE ELECTION OF TOWN OFFICERS TO THE FOLLOWING POSTITIONS,VIZ: SELECTMAN, ASSESSOR.,TOWN CLERK,TREASURER,COLLECTOR,THREE REGIONAL SCHOOL COMMITTEE MEMBERS,FISH COMMISSIONER, TWO LIBRARY TRUSTEES ALL FOR TERMS OF THREE PEARS,A TREE WARDEN FOR ONE YEAR,A PLANNING BOARD MEMBER FOR FIVE YEARS,A PLANNING BOARD MEMBER TO FILL THE UNEXPIRED TERM OF 4 YEARS,A PLANNING BOARD MEMBER TO FILL THE UNEXPIRED TERM OF 1 YEAR, CONSTABLE FOR A FOUR YEAR TERM. 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 11TH DAY OF APRIL,2000. SELECTMEN,TOWN OF N WBU A TRUE COPY ATTEST: c- 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.. DATE: '- 00 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 �'v�Gab CONSTABLE W r 12 TOWN OF NEWBURY ANNUAL TOWN MEETING APRIL 25,2000 RESULTS THE MODERATOR,RICHARD JOY,CALLED THE MEETING TO ORDER AT 7:46 P.M..THE CALL AND RETURN WERE READ. A MOMENT OF SILENCE WAS ASKED FOR THOSE WHO HAD DIED SINCE THE LAST MEETING. COUNTERS APPOINTED WERE,RICHARD BAZIRGAN,ROBERT W OOLF,BRUCE SAUNDERS,AND JAMES CASHMAN. ARTICLE 1 WAS MOVED,SECONDED AND PASSED TO ACCEPT THE REPORT. ARTICLE 2 WAS MOVED,AND SECONDED WITH HOLDS ON HIGHWAY LABOR,BOARD OF HEALTH,TOWN LIBRARY AND HEALTH INSURANCE. DONALD BADE OF CENTRAL STREET QUESTIONED HIGHWAY LABOR WITH FINANCE DIRECTOR EXPLAINING EXTRA IS FOR SALARIES FOR HIRING 1 '/2 NEW LABORERS,HIGHWAY SUPERVISOR PAY PLUS 3% INCREASE FOR PRESENT WORKERS. ALICIA RADDATZ,HIGH ROAD WANTED A BREAKDOWN OF BOARD OF HEALTH. MOST IS FOR LABOR AT LANDFILL AND EVERYDAY OPERATION. BREAKDOWN COULD BE FOUND IN ANNUAL TOWN REPORT. PAUL DAUBITZ OF ANNAPOLIS WAY QUESTIONED LIBRARY INCREASE. ANSWER WAS BECAUSE OF OVERRIDE FOR EXPANSION,REPAIRS,MORE PERSONNEL AND ONGOING OPERATING COSTS, CATHERINE DULLEA OF ELM STREET WAS TOLD THAT HEALTH INSURANCE INCREASE WAS JUST AN ORDINARY HEALTH INSURANCE INCREASE. ANDREA THON OF SCOTLAND ROAD ASKED HOW INSURANCE WAS PAID. TOWN PAYS 75%WHILE THE INDIVIDUAL IS RESPONSIBLE FOR THE OTHER 25%. A BUDGET OF$3,948,618 WAS THEN PASSED BY UNANIMOUS VOTE. ARTICLE 3 WAS MOVED,SECONDED AND QUESTIONED BY ALFRED THURLOW OF MARSH AVENUE AS TO WHY SO HIGH. ANSWERED BECAUSE OF 5.1%INCREASE.ARTICLE THEN PASSED BY UNANIMOUS VOTE FOR SUM OF$4,814,761 FOR TRITON REGIONAL. ARTICLE 4 WAS MOVED,SECONDED,AND PASSED BY UNANIMOUS VOTE TO RAISE AND APPROPRIATE$40,196 FOR WHITTIER VOCATIONAL SCHOOL. ARTICLE 5 WAS MOVED,SECONDED,AND VOTED BY UNANIMOUS VOTE TO RAISE AND APPROPRIATE AND/OR TAKE FROM FREE CASH$164,461 FOR ESSEX REGIONAL RETIREMENT SYSTEM FOR FISCAL YEAR 2001. ARTICLE 6 WAS MOVED,SECONDED AND VOTED TO RAISE AND APPROPRIATE$2,970 FOR GREENHEAD CONTROL. ARTICLE 7 WAS MOVED,SECONDED AND VOTED BY UNANIMOUS VOTE TO RAISE AND APPROPRIATE$1.00 FOR MOSQUITO CONTROL. ARTICLE 8 WAS MOVED,SECONDED AND PASSED FOR$4,000 FROM THE DOG REVOLVING FUND FOR ACO USE. ARTICLE 9 WAS MOVED,SECONDED AND QUESTIONED EXPENSE BREAKDOWN WHICH IS IN ANNUAL TOWN REPORT. PASSED BY UNANIMOUS VOTE$41,359 FROM THE WATERWAYS REVOLVING ACCOUNT FOR HARBORMASTER USE. ARTICLE 10 MOVED,SECONDED AND QUESTIONED BY ELIZABETH BEAR COLLINS FOR A TRANSLATION OF JUST WHAT CHAPTER 90 IS. BOB WOOLF EXPLAINED THAT IT IS WHEN ROAD REPAIRS ARE DONE AND THEN SUBMITTED FOR REFUNDS FROM STATE,AND TO HELP WITH ROAD IMPROVEMENTS. MARC SARKADY OF FORDHAM WAY ASKED IF IT IS VOTED WILL MONEY BE REPLACED. ANSWERED VOTE NOT FOR EXPENDITURE THAT IT IS FOR REVOLVING FUND.PAUL DAUBITZ ASKED IF TOWN HAS PLAN TO TAKE CARE OF STREETS IN TOWN. PART OF TOWN MASTER PLAN? BRUCE SAUNDERS,CHAIRMAN OF PLANNING BOARD INDICATED NO PLANS TO BE ADDED TO MASTER PLAN. AVERY WOODWORTH OF DOWNFALL ROAD WANTED TO KNOW HOW IT IS DETERMINED WHICH ROADS GET REPAIRED. IT IS UP TO HIGHWAY SUPERINTENDENT AS TO WHICH ROADS NEED IT THE MOST. HAVE TO AGREE TO SPEND,TO GET REIMBURSED. QUESTIONS ON CONDITION OF MIDDLE ROAD NEAR THURLOW'S BRIDGE AND GOVERNOR DUMMER ACADEMY. ANSWERED BY TIM LEONARD,HIGHWAY SUPERINTENDENT THAT ROAD IS UNDER WATER MUCH OF THE TIME. IT IS HARD TO REPAIR WHEN IT IS IN SUCH POOR SHAPE. TALKED TO CONSERVATION BECAUSE ANY DIGGING OR FILLING WOULD BE IN WETLANDS AREA. ARTICLE PASSED BY UNANIMOUS VOTE. 1� ARTICLE 11 WAS MOVED,SECONDED,AND VOTED BY UNANIMOUS VOTE TO RAISE AND APPROPRIATE OR TRANSFER AND APPROPRIATE$25,400 FOR A NEW POLICE CRUISER. ARTICLE 12 WAS MOVED, SECONDED,AND VOTED BY UNANIMOUS VOTE TO RAISE AND APPROPRIATE THE SUM OF$15,000 TO BE USED FOR THE PURCHASE OF AN AIR COMPRESSOR FOR THE HIGHWAY DEPARTMENTS JACKHAMMER. ARTICLE 13 WAS MOVED,SECONDED,AND VOTED BY UNANIMOUS VOTE TO RAISE AND APPROPRIATE THE SUM OF$26,325 TO PURCHASE A 4 X 4 PICK-UP TRUCK FOR HIGHWAY DEPARTMENT. ARTICLE 14 WAS MOVED, SECONDED,AND VOTED BY UNANIMOUS VOTE TO RAISE AND APPROPRIATE THE SUM OF$10.975 FOR A RIDE-ON LAWN MOWER FOR THE HIGHWAY DEPARTMENT'S MAINTENANCE OF TOWN PARKS. ARTICLE 15 ON LIABILITY WAS MOVED,SECONDED AND PASSED BY UNANIMOUS VOTE. ARTICLE 16 REGARDING CONTRACT WITH DPW WAS MOVED,SECONDED AND PASSED BY UNANIMOUS VOTE. ARTICLE 17 MOVED,SECONDED AND MUCH DISCUSSION ON PURCHASE OF MACKAY'S LAND ON KENT WAY. QUESTIONS BY CAROL FERRARI OF GREENTREE LANE ASKED FOR FIGURES ON LAYOUT OF GRADING AND GETTING TO THE FIELD. CHAIRMAN MACHIROS ANSWERED THAT WITH ALL LOAM AND SUPPLIES THEN PROPOSED FEES WOULD BE AROUND$72,000 TO$80,000 INCLUDING ACCESS AND PARKING COMPLETE. WITHOUT LOAM AROUND$37,689 AS DESIGNED BY MILLENIUM ENGINEERING. JOHN ASHTON OF LUNT STREET HAD MANY CONCERNS ABOUT PARKING PROBLEMS AND USE OF ACCESS ROAD.AFRAID THAT PEOPLE WILL USE LIBRARY PARKING IF NOT ENOUGH AVAILABLE ELSEWHERE. PURCHASE OF MANTER'S PROPERTY ON CENTRAL STREET WAS ALSO DISCUSSED ABOUT PURCHASING. PURCHASE IS NOT ON THIS WARRANT,BUT WILL BE ON JUNE'S SPECIAL MEETING. BETTY BEAR COLLINS OF THE PLANNING BOARD AND ALSO OPEN SPACE COMMITTEE STATED THAT THE LACK OF MORE RECREATIONAL SPACE WAS ONE OF THE BIGGEST CONCERNS ON SURVEY THAT THE BOARD DID,BOTH BOARDS RECOMMENDATION WAS THAT THE TOWN SHOULD PURCHASE BOTH PARCELS OF LAND NOW AND THEN A DECISION CAN BE MADE ON BEST USE. PRICE IS REASONABLE FOR BOTH. DONALD BLAIR,PRESIDENT OF LITTLE LEAGUE STATED CONTINUED NEED FOR FIELDS FOR OUR CHILDREN TO USE.DICK BAZIRGAN STATED THAT OVER 50%OF KIDS PLAY HIGH SCHOOL SPORTS AND TOWN SHOULD MAKE PURCHASE OF LAND AND THEN TRY TO ACCOMMODATE EVERYONE. TOWN COUNSEL,JAMES LAGOULIS STATED ARTICLE CALLED FOR JUST PURCHASE OF LAND AND THAT IS WHAT VOTE SHOULD BE ON AND NOTHING MORE. ARTICLE PASSED WITH 304 YES AND 5 NO. ARTICLE 18 MOVED,SECONDED AND MARSHAL JESPERSEN GAVE A BRIEF HISTORY OF THE SCHOOL. JUST RECEIVED NOTICE OF ELIGIBILITY TO BE INCLUDED ON LIST OF HISTORICAL BUILDINGS. ANY WORK TO BE DONE WILL NOT BE A COST TO THE TOWN. PROPOSED TO RAISE FUNDS PRIVATELY. WILL BE INCLUSIVE USE FOR COMMUNITY. INCOME WILL COME FROM RENTAL SPACE AND OTHER USE. PASSED BY UNANIMOUS VOTE. ARTICLE 19 MOVED, SECONDED AND APPROVED BY THE PLANNING BOARD TO ACCEPT COURTNEY DRIVE, 1,148 FEET IN LENGTH AND 50 FEET IN WIDTH AS A TOWN ROAD. VOTED PASSED. ARTICLE 20 MOVED,SECONDED AND APPROVED BY THE PLANNING BOARD TO ACCEPT AUSTIN LANE,2,036 FEET IN LENGTH AND 50 FEET IN WIDTH AS A TOWN ROAD. VOTED PASSED. ARTICLE 21 MOVED SECONDED AND MARTHA LEAHY GAVE A SUMMARY OF BY-LAW. VOTED PASSED WITH 138 YES AND 0 NO. ARTICLE 22 MOVED,SECONDED AND VOTED TO MEET FOR VOTING ON MAY 9,2000. MEETING ADJOURNED AT 10:03 P.M. 353 VOTERS CHECKED IN RESPECTFULLY SUBMITTED, DONNA R. STEFANIL TOWN CLERK ANNUAL TCWN ELECTION MAY 9,2000 RESULTS 718 VOTED SELECTMEN PCT1 PCT2 TOTAL *ALAN L ADAMS 277 211 488 ASSESSOR(3 yr) *FRANK N. "BUDD"KELLEY III. 272 231 503 CONSTABLE FISH COMMISSIONER *JOHN K.THISTLEWOOD JR. 291 238 529 LIBRARY TRUSTEE *LOIS M.ANDERSON 309 256 565 *L.MATTHEW FREEDMAN 236 193 429 PLANNING BOARD(5yr) SCOTT LAFFEY 139 146 285 DAVID C.MOUNTAIN 206 150 356 PLANNING BOARD(4yr) MARTHA C.TAYLOR 275 213 488 PLANNING BOARD(lyr) PATRICK M.HAYNES 55 110 165 MARTHA R.LEAHY 271 166 437 TOWN CLERK DONNA R. STEFANILE 317 241 558 TREASURER , *JAMES D. CASHMAN 313 255 568 TAX COLLECTOR *JAMES D.CASHMAN 311 251 562 TREE WARDEN *RONALD O.PEARSON 216 212 428 TRITON REGIONAL SCHOOL COMMITTEE PAULA W.GOODWIN 155 189 344 JOHN P.MATTHEWS 203 90 293 *JOAN C.PETERSEN-ROWLEY 191 172 363 *SUSAN C.FISH-SALISBURY 190 179 369 15 TOWN OF NEWBURY SPECIAL TOWN MEETING JUNE 27,2000 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 27TH DAY OF JUNE 2000 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 FY00 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,WATERWAYS 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 FY00 MUNICIPAL ACCOUNTS TO THE RESERVE FUND. FINANCE COMMITTEE RECOMMENDS ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO TRANSFER$40,000 FROM THE RESERVE FUND TO THE TOWN HALL MAINTENANCE ACCOUNT. FINANCE COMMITTEE RECOMMENDS ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO ADJUST THE SALARY OF THE TOWN CLERK FROM$30,614 TO$36,997IN FY01. FINANCE COMMITTEE RECOMMENDS ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO HOLD OVER UP TO$268,696 OF THE RESERVE FUND'S FY00 UNEXPENDED BALANCE UNTIL SPENT OR TRANSFERRED. FINANCE COMMITTEE RECOMMENDS ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO TAKE FROM THE STABILIZATION FUND,AN AMOUNT NOT TO EXCEED$75,000,FOR THE PURPOSE OF FURNISHING THE NEWBURY TOWN LIBRARY DUE TO A SHORTFALL OF FUNDS. FINANCE COMMITTEE RECOMMENDS ARTICLE 7. TO SEE IF THE TOWN WILL VOTE TO ACCEPT AND APPROVE THE CODIFICATION OF THE BYLAWS OF THE TOWN OF NEWBURY IN THE FORMAT PRESENTED BY GENERAL CODE PUBLISHERS,WHICH IS ON FILE IN THE OFFICE OF THE TOWN CLERK, BEING A RENUMBERING AND RECAPTIONING OF THE PRESENT BYLAWS. ARTICLE 8. TO SEE IF THE TOWN WILL VOTE TO PURCHASE A CERTAIN PARCEL OF LAND CONTAINING 64 ACRES,MORE OR LESS,LOCATED ALONG CENTRAL STREET IN THE TOWN OF NEWBURY, SAID LAND BEING OWNED BY WARREN E.MANTER AND IVA C. MANTER AS TRUSTEES OF THE MANTER REALTY TRUST,AND IDENTIFIED BY THE TOWN OF NEWBURY ASSESSOR'S OFFICE ON MAP R17 AS PARCEL 13,FOR THE PURPOSE OF FULFILLING THE GOALS AND OBJECTIVES OF THE TOWN OF NEWBURY OPEN SPACE PLAN BY PROTECTING THE TOWN'S RURAL CHARACTER,BY PROVIDING ACTIVE RECREATION FACILITIES AND PASSIVE RECREATIONAL AREAS TO BE USED BY THE CITIZENS OF NEWBURY,AND BY PROTECTING WATERSHEDS AND RIVERS,AND TO PAY FOR SAID PARCEL AND ANY IMPROVEMENTS THEREON BY AUTHORIZING THE TOWN TREASURER, WITH THE APPROVAL OF THE SELECTMEN TO BORROW THE SUM OF ONE MILLION,NINE HUNDRED AND NINETY THOUSAND DOLLARS($1,990,000),WHICH REPRESENTS THE PURCHASE PRICE OF$1,500,000 AND THE ESTIMATED COST OF CONSTRUCTING THE PROPOSED RECREATIONAL FIELDS,BY ISSUING AS BONDS OR NOTES UNDER THE PROVISIONS OF M.G.L.A. CHAPTER 44,OR TAKE ANY OTHER ACTIONS RELATED THERETO. FINANCE COMMITTEE RECOMMENDS 16 ARTICLE 9. TO SEE WHETHER THE TOWN WILL VOTE TO ADOPT THE FOLLOWING BY-LAW: 111. NO PERSON SHALL POSSESS OR USE TOBACCO PRODUCTS OF ANY TYPE, BY ANY MEANS,WITHIN ANY SCHOOL BUILDING,IN ANY SCHOOL FACILITY,ON SCHOOL GROUNDS OR SCHOOL BUSSES. 2. EACH VIOLATION OF THIS BY-LAW SHALL BE PUNISHABLE BY A FINE AS FOLLOWS: FIRST VIOLATION;$100.00,OR THE VIOLATOR,AT HIS OPTION,MAY ATTEND AN APPROVED TOBACCO EDUCATION PROGRAM IN LIEU OF SAID FINE AND NON-CRD,1 NAL DISPOSITION. SECOND AND SUBSEQUENT VIOLATIONS;$100.00. 3. PROSECUTION OF VIOLATIONS OF THIS BY-LAW SHALL BE BY NON- CRIMINAL DISPOSITION AS PROVIDED IN G.L.c.40,SECTION 21D,AS MAY BE AMENDED FROM TIME TO TIME,THE PROVISIONS OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. 4. IF THE VIOLATOR IS LESS THAN 19 YEARS OF AGE,THE ENFORCING PERSON SHALL CAUSE A COPY OF THE NOTICE OF VIOLATION TO BE SENT TO THE VIOLATOR'S PARENT OR LEGAL GUARDIAN. 5. THE ENFORCING PERSONS ARE AUTHORIZED TO TAKE COGNIZANCE OF ANY VIOLATION OF THIS BY-LAW AND MAY GIVE TO ANY OFFENDER A WRITTEN NOTICE OF VIOLATION. SAID NOTICE SHALL INFORM FIRST TIME VIOLATORS OF THEIR RIGHT TO ATTEND A TOBACCO EDUCATION PROGRAM IN LIEU OF FINE AND NONCRIMINAL DISPOSITION. SAID NOTICE SHALL ALSO DIRECT THE VIOLATOR TO APPEAR BEFORE THE CLERK OF THE DISTRICT COURT HAVING JURISDICTION OVER SUCH VIOLATIONS AT ANY TIME DURING OFFICE HOURS OF SAID DISTRICT COURT,NOT LATER THAN TWENTY-ONE DAYS AFTER THE DATE OF SAID NOTICE,OR SET FORTH SUCH OTHER DIRECTIONS AS REQUIRED BY G.L.c.40,SECTION 21 D. 6. THE MEMBERS OF THE TOWN OF NEWBURY POLICE DEPARTMENT AND DIRECTORS,OFFICERS AND EMPLOYEES OF THE TRITON REGIONAL SCHOOL DISTRICT SHALL BE AND HEREBY ARE AUTHORIZED TO ENFORCE THIS BY-LAW AND ARE HEREBY DESIGNATED"ENFORCING PERSON(S)"AS DEFINED IN MASSACHUSETTS GENERAL LAWS c.40,SECTION 21D. 7. THE PROVISIONS OF THIS BY-LAW ARE SEVERABLE AND IN THE EVENT ANY PORTION THEREOF IS DEEMED VOID OR INVALID,THE REMAINDER SHALL REMAIN IN FULL FORCE AND EFFECT." ARTICLE 10. TO MEET ON TUESDAY,JULY 18,2000 IN OUR RESPECTIVE VOTING DISTRICTS TO VOTE ON THE FOLLOWING QUESTION,"TO SEE IF THE TOWN WILL VOTE TO APPROVE A DEBT EXCLUSION OF ONE MILLION,NINE HUNDRED AND NINETY THOUSAND DOLLARS($1,990,000),WHICH REPRESENTS THE PURCHASE PRICE OF$1,500,000 FOR THE PURCHASE OF THE SO CALLED"MANTER FIELD"WHICH CONSISTS OF 64 ACRES,MORE OR LESS,AS REFERRED TO IN ARTICLE 8,TOGETHER WITH THE FOUR HUNDRED AND NINETY THOUSAND DOLLAR($490,000.00)ESTIMATED COST OF CONSTRUCTING THE PROPOSED RECREATIONAL FIELDS,BY ISSUING AS BONDS OR NOTES UNDER THE PROVISIONS OF M.G.L.A. CHAPTER 44,OR TAKE ANY OTHER ACTIONS RELATED THERETO. THE POLLS WILL BE OPEN AT NOON AND CLOSE AT 8 P.M. i 17 AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED COPY THEREOF IN EACH VOTING DISTRICT,FOURTEEN DAYS AT LEAST BEFORE THE TIME OF HOLDING SAID MEETING. HEREOF,FAIL NOT,AND MAKE DUE RETURN OF THE WARRANT WITH YOUR DOINGS THEREON TO THE TOWN CLERK AT THE TIME AND PLACE AFORESAID. GIVEN UNDER OUR HANDS THIS 13TH D Y OF JUNE 2000. SELECTMEN,TOWN OF NWATBU$ A TRUE COPY ATTEST 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: 3--�QO O CONS �BLE:PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED,I ED 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: f y aev CONSTABLE: 18 TOWN OF NEWBURY SPECIAL TOWN MEETING JUNE 27,2000 RESULTS THE MODERATOR,RICHARD JOY,CALLED THE MEETING TO ORDER AT 7:13 P.M WITH A QUORUM PRESENT. THE CALL AND RETURN WERE READ. COUNTERS APPOINTED WERE ROBERT WOOLF,RICHARD PASSERI,AND BRUCE SAUNDERS. ARTICLE 1. WAS MOVED,SECONDED AND PASSED. ARTICLE 2. WAS MOVED,SECONDED AND PASSED. ARTICLE 3. WAS MOVED,SECONDED AND A QUESTION FROM PAUL DAUBITZ AS TO WHAT WOULD THE MONEY BE USED FOR? ROBERT WOOLF,FROM THE FINANCE COMMITTEE RESPONDED THAT THE WOODBRIDGE SCHOOL NEEDED PAINTING AND OTHER RENOVATIONS.A SECOND QUESTION FROM ALFRED THURLOW ON WHAT WERE THE PLANS FOR THE SCHOOL? CHAIRMAN OF SELECTMEN,ANGIE MACH ROS ANSWERED THAT A FUTURE SENIOR CENTER WAS PART OF THE PLAN FOR IT'S USE. IT IS NOW BEING USED FOR SOME OF THE STORAGE FROM THE TOWN HALL. ANOTHER QUESTION ASKED, BUT NOT RELEVANT TO THE ARTICLE WAS ARE THERE ANY PLANS TO REPAIR THE PARKER RIVER BRIDGE? THE MODERATOR THEN RECOGNIZED REPRESENTATIVE HARRIETT STANLEY WHO WAS IN THE AUDIENCE AND ANSWERED THAT IT WAS ON A LIST OF BRIDGES THAT NEEDED SOME SERIOUS REPAIRS,BUT SHE DIDN'T HAVE A MONEY AMOUNT YET. THE ARTICLE WAS THEN PASSED. ARTICLE 4. MOVED,SECONDED AND PASSED. ARTICLE 5. MOVED,SECONDED AND PASSED. ARTICLE 6. MOVED,SECONDED AND AN EXPLANATION FROM LOTS ANDERSON AS TO WHY THERE WAS A SHORTFALL OF FUNDS FOR LIBRARY FURNISHINGS WAS DUE IN PART BECAUSE THE BUDGET WAS DONE TWO YEARS AGO. SHE ALSO STATED THAT THE LIBRARY WAS A 14,000 SQ.FT.STATE OF THE ART LIBRARY THAT WILL SERVE ALL THE , NEEDS OF THE TOWN. SHE ALSO STATED THAT SHE WAS VERY PLEASED WITH THE CO- OPERATION OF TOWN OFFICIALS AND CONTRACTORS. SHE ASKED THAT THE ARTICLE PASS. A COUNTED VOTE WAS NOT NEEDED AS THE ARTICLE PASSED UNANIMOUSLY. ARTICLE 7. MOVED,SECONDED AND A QUESTION FROM PAUL DAU13ITZ AS TO WHETHER THIS INFORMATION WILL BE PROVIDED ON LINE. CHAIRMAN MACHIROS REPLIED THAT WE HOPE TO EVENTUALLY BE. ARTICLE THEN PASSED. ARTICLE 8. MOVED, SECONDED AND OPENED FOR QUESTIONS AT 7:25 P.M. PAUL DAUBITZ WANTED TO KNOW IF ANY STIPULATIONS OR RESTRICTIONS CAME WITH THE LAND. WANTED TO KNOW WHAT PARCELS WERE SUBJECT TO THE ACTS OF 1965, PROTECTION OF THE FLOOD PLAINS. WARREN MANTER,OWNER OF PROPERTY STATED THAT FLOODPLAINS WERE IDENTIFIED AND THAT NO WORK WOULD BE DONE IN THE FLOOD PLAIN ON THE LAND ALONG THE PARKER RIVER. MR.DAUBITZ ASKED THAT TOWN COUNSEL LOOK IT OVER AND IT WAS AGREED THAT HE WOULD. ALFRED THURLOW ASKED HOW IT WOULD AFFECT THE TAX RATE. BETTY BEAR COLLINS, CHAIRMAN FOR PLANNING BOARD THEN PRESENTED A VERY DETAILED EXPLANATION OF THE PLANS AND EXPLAINED THAT THE INCREASE WOULD BE ABOUT$60 PER YEAR FOR THE AVERAGE HOMEOWNER. STATED THAT WITH THE INCREASE IN PRICE FOR GAS OR TICKETS TO THE RED SOX THIS AMOUNT DIDN'T SEEM TO BAD. SHE ALSO REFERRED TO THE SURVEY THAT WAS DONE BY THE OPEN SPACE COMMITTEE OF THE TOWNS PEOPLE AND IT WAS ESTABLISHED THAT THE MOST IMPORTANT GOALS OF THE TOWN WERE THAT ABOUT 91%WERE CONCERNED ABOUT THE GROWTH AND THE LOSS OF CHARACTER. ALSO STATED THAT PROTECTION OF NATURAL RESOURCES AND WILDLIFE WERE TOPS ON THE LIST.THERE WAS A DESIRE FOR PASSIVE AND ACTIVE RECREATIONAL AREAS IN TOWN. THE COMMITTEE WALKED 9 DIFFERENT LOCATIONS IN TOWN AND FOUND THAT THERE WERE TWO THAT FIT THE PLANS. ONE WAS THE PROPERTY ON KENT'S WAY THAT THE TOWN AGREED TO PURCHASE AT THE ANNUAL TOWN MEETING,AND THE OTHER WAS THE PROPERTY WE WOULD BE VOTING ON TONIGHT. MR.MANTERS PROPERTY IS APPROXIMATELY 65 ACRES. IT WOULD BE POSSIBLE TO HAVE 14 FORM A LOTS THAT WOULD MEET APPROVAL OF THE PLANNING BOARD. AT APPROXIMATELY$135,000 TO$140,000 PER LOT,THE$1,500,000 PURCHASE PRICE WAS A GOOD DEAL FOR THE TOWN.INCLUDED IN THE COST ARE FEES NOT KNOWN,SO A SPORTS ENGINEERING FIRM WOULD BE ABLE TO TELL US THE BEST WAY TO UTILIZE THE LAND. SELECTMEN WOULD LIKE TO HAVE A COMMITTEE THAT COULD RESEARCH BEST USE FOR RECREATION PURPOSES. A REFERENCE TO ROWLEY'S RECREATIONAL PROGRAM HAVING USER'S FEES THAT HELPS TO PAY FOR THE MAINTENANCE COSTS. A QUESTION BY ALICIA RADDATZ WAS THEN ASKED IF THERE 1 19 MIGHT BE ANY HAZARDOUS MATERIALS BURIED ON THE LAND ANYWHERE. TOWN COUNSEL REPLIED THAT BEFORE ANY LAND CAN BE CERTIFIED A 21E IS AUTOMATICALLY DONE BEFORE IT CAN BE DEVELOPED,AND THAT IT WOULD BE DONE FOR THIS LAND. AFTER A SHORT RECAP WAS PRESENTED IT WAS THEN PUT TO THE VOTE.PASSED BY A VOTE OF YES-253,NO-3. ARTICLE 9. MOVED,SECONDED AND A SHORT REPLY FROM ARTHUR ALLEN IN REGARDS TO LOOKING INTO,WITH AID FROM THE STATE,ABOUT INSTALLING A TYPE OF ALARM SYSTEM THAT WOULD DETECT IF SOMEONE WAS SMOKING IN THE BATHROOMS OR ELSEWHERE. ARTICLE THEN PASSED. ARTICLE 10. MOVED,SECONDED AND PASSED TO MEET JULY 18,2000 AT THE POLLS TO VOTE ON DEBT EXCLUSION FOR PURCHASE OF MANTER'S LAND. MEETING ADJOURNED AT 7:58 P.M. THERE WERE 265 VOTERS CHECKED IN. RESPECTIVELY SUBMITTED; X, X. "All&7u' DONNA R. STEFANILE TOWN CLERK 20 TOWN OF NEWBURY SPECIAL ELECTION JULY 18,2000 RESULTS t 883 VOTED TO SEE IF THE TOWN WILL VOTE TO APPROVE A DEBT EXCLUSION OF ONE MILLION,NINE HUNDRED AND NINETY THOUSAND DOLLARS($1,990,000),WHICH REPRESENTS THE PURCHASE PRICE OF$1,5000,000 FOR THE PURCHASE OF THE SO CALLED"MANTER FIELD" WHICH CONSISTS OF 64 ACRES,MORE OR LESS,AS REFERRED TO IN ARTICLE 8 OF THE JUNE 27,2000 SPECIAL TOWN MEETING,TOGETHER WITH THE FOUR HUNDRED AND NINETY THOUSAND DOLLAR($490,000.00)ESTIMATED COST OF CONSTRUCTING THE PROPOSED RECREATIONAL FIELDS,BY ISSUING AS BONDS OR NOTES UNDER THE PROVISIONS OF M.G.L.A.CHAPTER 44,OR TAKE ANY OTHER ACTIONS RELATED THERETO. ARTICLE PASSED BY A VOTE OF: YES 625 NO 254 BLANK 4 RESPECTIVELY SUBMITTED; / n DONNA R.STEFANILE TOWN CLERK 21 TOWN OF NEWBURY SPECIAL TOWN MEETING AUGUST 8,2000 ESSEX SS. TO: ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY,MASSACHUSETTS GREETINGS: c 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 8TH DAY OF AUGUST AT 7:00 P.M.TO ACT ON THE FOLLOWING ARTICLES,VIZ: ARTICLE 1. TO SEE IF THE TOWN WILL AUTHORIZE THE TREASURER,WITH THE APPROVAL OF THE SELECTMEN,TO APPROPRIATE THE SUM OF$13,511,000.00 OR ANY OTHER SUM,FOR THE PURPOSE OF PAYING THE TOWNS PORTION OF THE COSTS OF A JOINT SEWER AND WATER PROJECT WITH THE CITY OF NEWBURYPORT,$8,152,030.00 OF WHICH SHALL BE USED TO PAY COSTS OF THE EXTENSION OF SEWER MAINS TO THE PLUM ISLAND SERVICE AREA AND$5,358,970.00 OF WHICH SHALL BE USED TO PAY COSTS OF THE EXTENSION OF WATER MAINS TO THE PLUM ISLAND SERVICE AREA,IN EACH CASE INCLUDING WITHOUT LIMITATION ALL COSTS THEREOF AS DEFINED IN SECTION 1 OF CHAPTER 29C OF THE GENERAL LAWS;THAT TO MEET THIS APPROPRIATION THE TREASURER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO BORROW $13,511,000.00 AND ISSUE BONDS OR NOTES THEREFOR UNDER G.L. c.44 AND/OR CHAPTER 29C OF THE GENERAL LAWS;THAT SUCH BONDS OR NOTES SHALL BE GENERAL OBLIGATIONS OF THE TOWN OF NEWBURY AND SHALL BE PAID FOR BY BETTERMENTS ASSESSED AGAINST THE USERS WITHIN THE PLUM ISLAND SERVICE AREA,AND NOT AGAINST THE TOWN AS A WHOLE,AND MAY BE SECURED BY LOCAL SYSTEM REVENUES AS DEFINED IN SECTION 1 OF CHAPTER 29C;THAT THE TREASURER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO BORROW ALL OR A PORTION OF SUCH AMOUNT FROM THE MASSACHUSETTS WATER POLLUTION ABATEMENT TRUST ESTABLISHED PURSUANT TO CHAPTER 29C AND IN CONNECTION THEREWITH TO ENTER INTO A LOAN AGREEMENT AND/OR A SECURITY AGREEMENT WITH THE TRUST AND OTHERWISE TO CONTRACT WITH THE TRUST AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTON WITH RESPECT TO SUCH LOAN AND FOR ANY FEDERAL OR STATE AID AVAILABLE FOR THE PROJECT OR FOR THE FINANCING THEREOF;AND THAT THE TREASURER AND THE SELECTMEN ARE AUTHORIZED TO ENTER INTO A PROJECT REGULATORY AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION;TO EXPEND ALL FUNDS AVAILABLE FOR THE PROJECT AND TO TAKE ANY OTHER ACTION NECESSARY TO CARRY OUT THE PROJECT, 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. GIVEN UNDER OUR HANDS THIS 25TH DAY OF JULY 2000. SELE fiT,TOWN OF Y A TRUE COPY ATTEST 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, >i TO MEET AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED. DATE: --7-- - --�-0�(� CONSTABLE: c n 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: 22 TOWN OF NEWBURY SPECIAL TOWN MEETING AUGUST 8,2000 RESULTS THE MEETING WAS CALLED TO ORDER AT 7:35 P.M. HAVING A QUORUM PRESENT,THE CALL AND RETURN WERE READ BY THE MODERATOR THE MODERATOR THEN GAVE AN OUTLINE FOR PROCEDURE OF ACTIONS EXPLAINING THAT IT IS A JOINT AGREEMENT BETWEEN NEWBURY AND NEWBURYPORT. HE WOULD ALLOW ANY STATEMENTS FOR OR AGAINST THE ARTICLE.GOOD SPORTSMANSHIP WAS EXPECTED. THERE WOULD BE A BRIEF PRESENTATION BY BRENDAN O'REAGAN,FROM NEWBURYPORT SEWER DEPARTMENT AND JOHN DONOVAN FROM CAMP DRESSER&McKEE WHO DID THE FEASIBILITY STUDY OF BRINGING WATER AND SEWER TO PLUM ISLAND. HE WOULD _ ALLOW FOR QUESTIONS AND ANSWERS AND THEN THERE WOULD BE A VOTE. COUNTERS APPOINTED FOR THE NIGHT WERE;JOHN SALTER,JAMES CASHMAN,ARTHUR ALLEN,DAVE TAYLOR,BRENDAN STOKES,FRANK KELLEY JR.,AND FRANK'SUDD" KELLEY III. ARTICLE 1 WAS MOVED BY CHAIRMAN ANGIE MACHIROS AND SECONDED BY'/2 DOZEN PEOPLE. BRENDAN O'REAGAN WAS THEN CALLED TO GIVE HIS BRIEF STATEMENT. PAUL IVASKA OF 49 FORDHAM WAY THEN MADE A MOTION TO POSTPONE INDEFINITELY. IT WAS DENIED BY THE MODERATOR AND THEN APPEALED TO TAKE A VOTE. THERE WAS A BRIEF RECESS FOR TWO MINUTES WHILE THE MODERATOR CONFERRED WITH TOWN COUNSEL. A SECOND WAS THEN MADE BY JANE PENG OF 51 SOUTHERN BLVD ON THE MOTION TO POSTPONE. IT WAS PUT TO A VOTE WITH THE NO'S WINNING. IVASKA AND PENG THEN CALLED FOR A COUNTED VOTE. THE VOTE WAS TAKEN AT 7:45 P.M.THE TOTAL VOTE FOR POSTPONEMENT WAS YES-135 AND NO-535. MEETING WAS THEN CONTINUED. BRENDAN O'REAGAN CONTINUED HIS BRIEF PRESENTATION. HE FELT THAT AT SOME OF THE MEETINGS HE HAD ATTENDED THAT PEOPLES CONCERNS WERE ABOUT TITLE 5 AND DOING A STUDY FOR THE BEST ALTERNATIVES TO WORK WITH CONSULTANTS. JOHN DONOVAN THEN GAVE A BRIEF SUMMARY ON THE ANSWERS TO THE PROBLEM,THE SOLUTION AND WHAT THE COST WOULD BE. AT 8:15 P.M. SPEAKERS AGAINST THE ARTICLE WERE THEN ALLOWED TO SPEAK. r DAVID MACFARLANE WAS CONCERNED ABOUT THE PROCESS AND FELT THAT OTHER ALTERNATIVES SHOULD BE LOOKED AT. FELT THAT WATER ONLY SHOULD BE THE ISSUE AND NOT SEWER. STATED THAT NO OTHER ALTERNATIVES HAD BEEN OFFERED. MARIA EIGERMAN THEN WAS ALLOWED TO STATE HER OPINIONS ON THE SUBJECT. HASN'T SEEN ANY DOCUMENT THAT STATES WHAT THIS PROJECT IS GOING TO DO EITHER SHORT TERM OR LONG TERM. FEELS THAT ONCE THEY ARE IN THAT THEY WILL NOT BE ABLE TO BE REMOVED. MARIA ALSO FELT THAT THERE WAS JUST NOT ENOUGH INFORMATION GIVEN. WANTS TO SEE PROJECT STOPPED AND MORE TIME GIVEN TO DECIDE. MEETING WAS THEN CONTINUED AT 8:25 P.M. BRENDAN O'REAGAN HAD A FEW MINUTES TO RESPOND TO THE PREVIOUS SPEAKERS STATING THAT THERE ARE MANY DOCUMENTS AVAILABLE EXPLAINING THE WHOLE PROJECT. SIMILAR PROJECTS ONLY HAD 8 OUT OF 100 THAT RECEIVED FUNDING. ALSO STATED THAT THE PROJECT WAS SUPPORTED BY THE MERRIMACK VALLEY PLANNING COMMISSION. SPEAKERS WERE THEN ALLOWED TO SPEAK WHAT THEY FELT ABOUT THE PROJECT. MARK MARBET, 117 OLD POINT RD.FELT THAT PEOPLE REALLY HAVE NO COST CONCEPT OF WHAT REAL COST WOULD BE IF NO SEWER/WATER ACCEPTED. STEPHEN SMITH,4 35' FELT THAT THE PROJECT BE SLOWED DOWN.STATED THAT BANKS WOULD NOT LEND HIM THE MONEY AND HE WOULD HAVE NO HELP IF ANYTHING SHOULD HAPPEN. JANET FRASER,71 NEWBURYPORT TURNPIKE ASKED TO HAVE PRIVATE VOTING TO SOLVE THE ANGER. ELIZABETH NORGAARD,22 FORDHAM WAY THOUGHT THAT THE WHOLE MANNER WAS INAPPROPRIATE AND THAT THE WHOLE TOWN SHOULD NOT BE ALLOWED TO VOTE FOR THE PLUM ISLAND PROJECT. PAUL WILKINSON,41 LOW STREET WHO DOES WORK ON PLUM ISLAND BELIEVES THAT THERE ARE A LOT OF PEOPLE THERE WHO WOULD BE IN TROUBLE WITH THEIR PRESENT SYSTEMS AND FELT THAT THOSE WHO HAD SIGNS AGAINST WATER/SEWER WERE THOSE WHO HAD NEW SYSTEMS OR OWNED THREE HOUSE LOTS. JOHN HARTNETT,57 PLUM ISLAND TURNPIKE FEELS THAT THE COST OF WATER/SEWER WOULD BE CHEAPER THAN THE PRICE OF A GOOD USED CAR AND THAT IT WOULD SOLVE THE PROBLEMS FOREVER. NICK STONE,72 NORTHERN BOULEVARD STARTED OUT SUPPORTING EVEN THOUGH HE DIDN'T PERSONALLY NEED IT UNTIL HE ATTENDED THE MEETING AT THE NEWBURY FIRE HOUSE AND SINCE FEELS THAT WATER/SEWER ARE NOT RIGHT CHOICE,AND THAT THE COST WOULD BE SO MUCH THAT HE WOULD HAVE TO GO IN DEBT TO PAY FOR IT. HE FEELS THAT WATER ONLY WOULD SOLVE THE PROBLEM. I� DAN JUREK,44 PEARSON DRIVE STATED HOW HE JUST HAD TO HAVE A NEW SEPTIC SYSTEM REPLACED AND THAT THE COST WAS$31,000 SO HE SYMPATHIZED WITH THE PEOPLE WHO WOULD BE SUBJECT TO THE BETTERMENT FEES.HE ALSO WANTED TO KNOW WHO WOULD BE RESPONSIBLE FOR THE COST OVERRUNS SHOULD THERE BE ANY. WOULD THE WHOLE TOWN HAVE TO PAY? PAUL DAUBITZ,22 ANNAPOLIS WAY WEST FORMER MEMBER OF WATER COMMISSION AND PLANNING BOARD WOULD BE IN FAVOR OF WATER BUT FELT THAT PEOPLE SHOULD KNOW ABOUT THE INTERMUNICIPAL AGREEMENT AND SHOULD BE CONCERNED ABOUT SECTION 10 OF THE AGREEMENT WHICH TALKS ABOUT EMINENT DOMAIN. BARBARA CHASE,2 YALE WAY FIRST SUPPORTED BECAUSE OF NEIGHBORS NOT HAVING GOOD WATER AND THEY WERE MOSTLY ELDERLY PEOPLE. NOW SHE FEELS THAT THE ;+ PROJECT TAKING PLACE IS CONTAMINATED AND BEING IMPROPERLY DONE SO SHE NO LONGER SUPPORTS IT. FEELS THAT THE PEOPLE WHO ARE TITLE 5 COMPLIANT ARE BEING PUNISHED. DOESN'T THINK THAT ENOUGH OF A STUDY HAS BEEN DONE,AND AFTER TRAVELING MUCH OF THE COASTLINE IS WELCOME TO COME HOME TO PLUM ISLAND. STEVE FRAM,21 FOREST STREET STATED A CONSENT ORDER WOULD MAKE TOWN ENFORCE TITLE 5. BETTERMENT FEES WERE THE ONLY WAY IT WOULDN'T COST. CAROLYN DAWSON, 83 HIGH ROAD FEELS THAT THE ARTICLE SOUNDS LIKE A BLANK CHECK. WHO PAYS FOR OVERRUNS? WILL EVERYONE BE ASSESSED? STEPHEN M.MANGION,21 14TH STREET IS CONCERNED ABOUT THE ENVIRONMENTAL IMPACT. WOULD LIKE TO SEE WATER ONLY. THINKS THAT THERE WOULD BE AN IMPACT ON THE MERRIMACK RIVER,ALSO THERE WOULD BE MORE HOUSING DUE TO URBAN SPRAWL. ROBERT FINNERAN,8 51ST STREET MOVED HERE FROM SALEM WHICH HAD A SEWER TREATMENT CENTER AND THAT A NEW ONE HAD TO BE BUILT RIGHT NEXT TO THE OTHER ONE. FEELS THAT NEWBURYPORT IS NOT GIVING US A GIFT. DANIEL BRADLEY,7 EXETER WAY HAS BEEN A TAXPAYER FOR 33 YEARS AND HAS PAID TOWARDS SCHOOLS,LIBRARIES,AND FEELS THAT ALL SHOULD SHARE THE COST. WANTS TO HAVE A BETTER STUDY DONE. ELIZABETH BEAR COLLINS,95 MAIN STREET WHO IS CO-CHAIR OF THE PLANNING BOARD. SHE SPOKE IN SUPPORT OF THE PROJECT AND OF THE SELECTMEN FOR ALL THE HARD WORK THEY PUT INTO IT. MUCH RESEARCH AND WORK WENT INTO THE PROJECT. KNOWS THAT THERE IS NO EASY SOLUTION. THINKS THAT EVENTUALLY EVERYONE WILL HAVE TO HAVE SEWER. WILL COST MUCH MORE IF THEY LOSE THE 0%FINANCING. VOTE YES. SCOTT ACKERLY,55 SOUTHERN BOULEVARD. NOT ENOUGH RESEARCH DONE. VOTE NO. LOOK FOR ALTERNATIVES.CHECK WEB SIGHTS. WITH NOBODY ELSE WANTING TO SPEAK JAYNE PENG,51 SOUTHERN BOULEVARD THEN CALLED FOR A SECRET VOTE BECAUSE SHE DID NOT WANT TO BE INTIMIDATED. MODERATOR ACCEPTED THE REQUEST BUT ALLOWED ANSWERS TO BE GIVEN IN RESPONSE TO SOME OF THE QUESTIONS ASKED EARLIER. TOWN COUNSEL JAMES LAGOULIS STATED THAT BEFORE THE PROJECT BEGINS THAT PEOPLE WILL KNOW THE COST. IF THERE ISN'T ENOUGH MONEY ANOTHER VOTE WOULD HAVE TO BE GIVEN. BRENDAN O'REAGAN STATED THAT THE COST WAS TAKEN INTO CONSIDERATION FOR INFLATION. NO-ONE REALLY KNOWS THE EXACT COST UNTIL ALL PRICES COME IN. ALL THE MONEY GOES INTO THE PROJECT AND IS THEN DIVIDED BY LOTS. PRICES PRESENTED ARE EXTREMELY CONSERVATIVE. NEWBURYPORT COMPLETED FOUR NEW STATIONS THAT WERE 10%UNDER. COUNSEL LAGOULIS EXPLAINED THAT NEWBURYPORT WOULD CONTINUE TO SEARCH FOR WATER SUPPLIES. WATER COULD BE USED FROM NEWBURY AND THE PROPERTY OWNER WOULD BE COMPENSATED FOR IT'S USE. A FIVE MINUTE RECESS WAS ASKED TO PREPARE FOR THE PAPER BALLOT VOTE. THE LAST VOTE WAS CAST AT APPROXIMATELY 10:35 P.M. THE COUNTERS APPOINTED WERE NORMA TAYLOR AND ANN SMITH. VOTE WAS ANNOUNCED: YES-442 NO-219 THE ARTICLE WAS PASSED BY THE 2/3RDS NEEDED.MOTION TO ADJOURN WAS MOVED, SECONDED AND PASSED AT 10:45 P.M. 768 VOTERS WERE CHECKED IN BY THE REGISTRARS WITH 661 CASTING VOTES. A TRUE COPY ATTEST kozm K llq�4� DONNA R.STEFANILE TOWN CLERK MR TOWN OF NEWBURY ANNUAL TOWN MEETING APRIL 24,2001 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 NEW13URY ON TUESDAY,THE 2e 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 2002. FINANCE COMMITTEE RECOMMENDS FY01 FY02 CHANGE MODERATOR'S SALARY 100 100 SELECTMEN'S SALARIES 15,500 15,500 SELECTMEN'S EXPENSE 11,650 11,650 SELECTMEN'S SECRETARY 32,749 33,974 1,225 TOWN HALL ADM SERVICE 75,388 75,388 RESERVE FUND 50,000 50,000 FINCOM EXPENSES 200 250 50 ACCOUNTANT'S SALARY 41,200 42,436 1,236 ACCOUNTANTS EXPENSE 4,000 4,000 ASSESSOR'S SALARIES 9,229 9,506 277 ASSESSOR'S EXPENSE 69,100 80,294 11,194 AUDIT TOWN BOOKS 22,380 22,380 TREASURER'S SALARY 22,993 23,683 690 COLLECTOR'S SALARY 22,993 23,683 690 TREASURER/COLLECTOR EXPENSE 45,000 49,000 4,000 LEGAL EXPENSE 25,000 25,000 PERSONNEL BOARD 500 500 COMPUTER ACCOUNT 7,500 7,500 TOWN CLERK'S SALARY 36,997 38,107 1,110 TOWN CLERK'S EXPENSE 6,500 6,500 ELECTION EXPENSE 6,000 6,000 REGISTRAR OF VOTERS SALARIES 550 750 200 REGISTRAR OF VOTERS EXPENSE 5,000 5,000 CONSERVATION COMM. EXPENSE 17,200 17,200 TREE WARDEN SALARY 2,463 3,000 537 TREE WARDEN EXPENSE 23,000 33,000 10,000 CLAM FLATS EXPENSE 7,000 7,800 800 PLANNING BOARD WAGES 1,700 1,900 200 PLANNING BOARD EXPENSE 2,000 5,000 3,000 PLANNING BOARD CONSULTANTS 12,000 25,000 13,000 SUB DIVISION EXPENSE 500 500 MASTER PLAN 3,500 7,000 3,500 MERRIMACK VALLEY PLANNING COMM 1,839 1,839 ZONING BOARD OF APPEALS 965 965 TOWN HALL MAINT. EXPENSE 70,000 70,000 TOWN REPORTS 2,500 2,500 INSURANCE EXPENSE 122,000 122,000 POLICE DEPARTMENT EXPENSE 845,333 871,946 26,613 FIRE PROTECTION SALARIES 94,000 100,760 6,760 FIRE PROTECTION EXPENSE 290,422 347,943 57,521 FOREST FIRES 5,000 5,300 300 FIRE ALARM MAINT. EXPENSE 3,000 3,000 HYDRANT SERVICE 11,333 11,333 AMBULANCE SERVICE 43,000 55,000 12,000 BUILDING INSPECTOR SALARY 45,344 46,704 1,360 BUILDING INSPECTOR EXPENSE 5,100 5,100 GAS INSPECTOR'S EXPENSE 3,000 3,000 PLUMBING INSPECTOR'S EXPENSE 5,500 5,500 25 SEALER OF WEIGHTS & MEASURES 1,000 1,000 WIRE INSPECTOR'S EXPENSE 7,000 7,000 FIRE INSPECTOR'S EXPENSE 3,000 3,000 CIVIL DEFENSE 1,500 1,500 ACO SALARY 15,651 .16,121 470 PARKING CLERK'S EXPENSE 2,500 2,565 65 VOCATIONAL TRANSPORTATION 6,700 6,700 HIGHWAY LABOR 356,910 367,872 10,962 SNOW REMOVAL 90,000 90,000 STREET LIGHTING 42,000 42,000 HIGHWAY MAINTENANCE 80,000 80,000 TRUCK MAINTENANCE 60,000 60,000 GARAGE MAINTENANCE 25,000 25,000 CEMETERIES EXPENSE 3,000 3,000 BOARD OF HEALTH 293,766 293,766 BOARD OF HEALTH AGENT'S EXPENSE 8,000 8,000 COUNCIL ON AGING SALARIES 50,824 59,714 8,890 COUNCIL ON AGING EXPENSE 18,550 18,550 VETERANS SERVICES 18,000 18,000 NEWBURY LIBRARY 331,646 391,646 60,000 LIFEGUARD EXPENSE 39,104 40,367 1,263 PARK'S EXPENSE 58,000 58,000 HISTORIC COMMISSION 650 650 HISTORIC RECORDS PRESERVATION 3,500 3,500 MEMORIAL DAY 800 800 INTEREST 3,000 3,000 HEALTH INSURANCE 280,000 344,232 64,232 EMPLOYEE LIFE INSURANCE 1,642 1,642 FICA MEDICARE 35,000 37,000 2,000 CONSERVATION FUND 750 750 ARTICLE 2 TOTALS $3,965,721.00 $4,269,866.00 $304,145.00 ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $5,160,689 FOR THE TRITON REGIONAL SCHOOL DISTRICT'S FY02 ASSESSMENT TO NEWBURY. FINANCE COMMITTEE RECOMMENDS ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $250,000 TO BE USED FOR THE PURCHASE OF TECHNOLOGY EQUIPMENT FOR THE NEWBURY ELEMENTARY SCHOOL. FINANCE COMMITTEE RECOMMENDS ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $32,084 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY02 ASSESSMENT TO NEWBURY. FINANCE COMMITTEE RECOMMENDS ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO PETITION THE STATE LEGISLATURE TO ENACT THE FOLLOWING RECALL PROCEDURE. AN ACT PROVIDING FOR RECALL ELECTIONS IN THE TOWN OF NEWBURY. BE IT ENACTED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES IN GENERAL COURT ASSEMBLED,AND BY THE AUTHORITY OF THE SAME,AS FOLLOWS: SECTION 1. ANY HOLDER OF AN ELECTED OFFICE IN THE'TOWN OF NEWBURY MAY BE RECALLED THEREFROM BY THE QUALIFIED VOTERS OF SAID TOWN AS PROVIDED IN THIS ACT FOR ANY OF THE FOLLOWING REASONS: LACK OF FITNESS;NEGLECT OF DUTIES; CORRUPTION;MISFEASANCE OR VIOLATION OF OATH. EXERCISING DISCRETION IN VOTING OR ACTING ON MATTERS BEFORE SUCH OFFICE HOLDER SHALL NOT CONSTITUTE A REASON FOR RECALL. SECTION 2. ANY 200 REGISTERED VOTERS OF THE TOWN OF NEWBURY MAY FILE WITH THE TOWN CLERK AN AFFIDAVIT CONTAINING THE NAME OF THE OFFICER SOUGHT TO BE RECALLED AND A STATEMENT OF THE GROUNDS FOR SUCH RECALL. AT LEAST 66 NAMES OF REGISTERED VOTERS SHALL BE FROM EACH OF THE VOTING PRECINCTS INTO WHICH SAID TOWN IS DIVIDED. UPON CERTIFICATION OF THE REQUIRED SIGNATURES, SAID CLERK SHALL THEREUPON DELIVER TO THE FIRST NAMED VOTER ON THE AFFIDAVIT COPIES OF PETITION BLANKS ADDRESSED TO THE BOARD OF SELECTMEN DEMANDING SUCH RECALL, COPIES OF WHICH PRINTED FORMS HE SHALL KEEP AVAILABLE, SAID BLANKS SHALL BE ISSUED BY SAID CLERK WITH HIS SIGNATURE AND OFFICIAL SEAL ATTACHED THERETO. THEY SHALL BE DATED, SHALL CONTAIN THE NAMES OF ALL PERSONS TO WHOM THEY ARE ISSUED,THE NAME OF THE PERSON WHOSE RECALL IS SOUGHT AND THE GROUNDS OF RECALL AS STATED IN THE AFFIDAVIT AND SHALL DEMAND THE ELECTION OF A SUCCESSOR TO SUCH OFFICE. 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TO SEE IF THE TOWN WILL VOTE UNDER PROVISIONS OF G.L.c.41, §23,TO RESCIND THE AUTHORITY OF THE BOARD OF SELECTMEN TO ACT AS THE BOARD OF HEALTH,AND BEGINNING WITH THE ANNUAL TOWN ELECTION OF 2002,TO ELECT A BOARD OF HEALTH CONSISTING OF THREE MEMBERS,ONE MEMBER WHOSE INITIAL TERM SHALL EXPIRE IN 2003,ONE WHOSE TERM SHALL EXPIRE IN 2004,AND ONE WHOSE TERM SHALL EXPIRE IN 2005,WITH THEIR SUCCESSORS TO BE ELECTED FOR THREE-YEAR TERMS THEREAFTER. BY REQUEST OF PAUL C.DAUBITZ AND OVER 10 OTHERS. ARTICLE 8. TO SEE IF THE TOWN WILL VOTE TO CLOSE THE TOWN LANDFILL BY I (1)CLOSING THE LAND TO ANY FURTHER DUMPING OR DEPOSITION OF WASTE MATERIAL NOT CURRENTLY ON THE SITE(EXCEPT IN CONNECTION WITH THE OPERATION OF THE TRANSFER STATION),AND(2)RESTRICTING THE EXPENDITURE OF ANY FUNDS PREVIOUSLY APPROPRIATED FOR CONSULTANT SERVICES TO THE PREPARATION OF SUCH STUDIES,REPORTS OR INVESTIGATIONS AS ARE NECESSARY TO DESIGN,AND OBTAIN APPROVAL FROM THE DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR,AND TO IMPLEMENT,A FINAL CLOSURE PLAN;OR TAKE ANY OTHER ACTION RELATIVE THERETO. BY REQUEST OF STEPHEN SMITH AND OVER 10 OTHERS. ARTICLE 9. TO SEE IF THE TOWN WILL VOTE TO DISAPPROVE THE"INTERMUNICIPAL AGREEMENT BETWEEN THE CITY OF NEWBURYPORT AND THE TOWN OF NEWBURY FOR THE PROVISION OF WATER AND SEWER SERVICES TO PROPERTIES WITHIN BOTH COMMUNITIES ON PLUM ISLAND"DATED JULY 20,2000,AND EXECUTED BY THE BOARD OF SELECTMEN ON OR ABOUT OCTOBER 31,2000,IN WHOLE OR IN PART,INCLUDING, WITHOUT LIMITATION,THE TOWN'S PURPORTED OBLIGATIONS TO PERMIT AND SUPPORT THE TAKING OF WATER RIGHTS IN THE TOWN BY THE CITY OF NEWBURYPORT,AND/OR THE TOWN'S PURPORTED AGREEMENT TO EXTEND SEWER MAINS TO PLUM ISLAND AND TO ASSESS BETTERMENTS THEREFOR. BY REQUEST OF STEPHEN SMITH AND OVER 10 OTHERS. ARTICLE 10. TO SEE IF THE TOWN WILL VOTE TO RESCIND THE AUTHORITY GRANTED TO THE TREASURER TO BORROW FROM THE STATE REVOLVING FUND,OR ANY OTHER SOURCE,MONEYS FOR THE CONSTRUCTION OF SEWER LINES AND RELATED INFRASTRUCTURE ON AND TO PLUM ISLAND,OR,IN THE ALTERNATIVE,TO SUSPEND SUCH AUTHORITY UNTIL SUCH TIME AS(A)THE RESIDENTS OF PLUM ISLAND HAVE VOTED IN THE AFFIRMATIVE ON A BALLOT QUESTION APPROVING SUCH BORROWING AT A SPECIAL ELECTION TO BE HELD BY THE END OF CALENDAR YEAR 2001,AND(B)THE SEWER SYSTEM DESIGN HAS BEEN APPROVED BY A COMMISSION TO BE ESTABLISHED BY THE TOWN AT LEAST TWO-THIRDS OF WHOSE MEMBERS SHALL BE ELECTED BY THE RESIDENTS OF PLUM ISLAND,OR TAKE ANY ACTION RELATIVE THERETO. BY REQUEST OF PAUL C.DAUBITZ AND OVER 10 OTHERS. ARTICLE 11. TO SEE IF THE TOWN WILL VOTE TO AMEND CHAPTER I 1 OF THE BYLAWS OF THE TOWN OF NEWBURY(PERTAINING TO THE FINANCE COMMITTEE)BY(1)STRIKING OUT SECTIONS 11-1 AND 11-2 IN THEIR ENTIRETY AND REPLACING THEM WITH THE FOLLOWING: § 11-1. COMMITTEE APPOINTED;TERMS THE MODERATOR SHALL,AT EACH ANNUAL TOWN MEETING,APPOINT MEMBERS TO A COMMITTEE OF SEVEN(7)REGISTERED VOTERS WHICH SHALL BE KNOWN AS THE FINANCE COMMITTEE. MEMBERS SHALL BE APPOINTED FOR THREE(3) YEAR TERMS ON A STAGGERED BASIS SO THAT AT LEAST TWO MEMBERS'TERMS EXPIRE EACH YEAR. NO MEMBER OF THE FINANCE COMMITTEE SHALL BE AN ELECTED OFFICIAL,A PAID BOARD OR COMMITTEE MEMBER,OR AN EMPLOYEE OF THE TOWN(EXCEPT THAT A PERSON RENDERING SERVICE TO THE TOWN AS AN INDEPENDENT CONTRACTOR AND WHO HAS BEEN DESIGNATED A `SPECIAL MUNICIPAL EMPLOYEES"UNDER G.L.c.268A SHALL NOT BE DISQUALIFIED FROM SERVING ON THE FINANCE COMMITTEE). § 11-2. EFFECTIVE DATE;REMOVAL OF DISQUALIFIED MEMBERS;VACANCIES THIS BYLAW SHALL BECOME EFFECTIVE UPON ITS APPROVAL BY THE ATTORNEY GENERAL UNDER G.L.c.40,§32. UNLESS DISQUALIFIED FROM SERVICE BY THE PROVISIONS OF§ 11-1,ABOVE,ANY DULY APPOINTED MEMBER WHOSE TERM HAS NOT EXPIRED SHALL CONTINUE IN OFFICE UNTIL THE EXPIRATION OF HISMER TERM. THE MODERATOR SHALL REMOVE FROM THE FINANCE COMMITTEE ANY MEMBER DISQUALIFIED FROM SERVICE BY VIRTUE OF HIS/HER HOLDING OF ELECTIVE OFFICE IN THE TOWN OFFICE OR BY HIS/HER EMPLOYMENT AS A TOWN EMPLOYEE OR PAID COMMITTEE MEMBER. IN THE EVENT OF THE DEATH, RESIGNATION OR DISQUALIFICATION OF ANY OF A DULY APPOINTED MEMBER OF THE FINANCE COMMITTEE PRIOR TO THE EXPIRATION OF HIS/HER TERM,THE MODERATOR SHALL APPOINT A REPLACEMENT FOR THE UNEXPIRED PORTION OF THAT PERSON'S TERM IN ACCORDANCE WITH THE PRECEDING SECTION. AND(2)AMENDING SECTION 11-3 BY STRIKING OUT THE LAST TWO SENTENCES AND INSERTING THE FOLLOWING IN THEIR PLACE: Im . 28 THE COMMITTEE SHALL CONFER WITH ALL BOARDS,OFFICERS AND DEPARTMENT HEADS IN THE TOWN AS IT DEEMS NECESSARY AND APPROPRIATE TO PREPARE A PROPOSED BUDGET FOR THE NEXT ENSUING YEAR. IT SHALL BE THE DUTY OF THE FINANCE COMMITTEE TO CONSIDER ALL ARTICLES OF THE WARRANT OR WARRANTS REFERRED TO IT WHICH CALL FOR THE APPROPRIATION AND/OR EXPENDITURE OF FUNDS,AND MAKE REPORT THEREON IN WRITING,WITH THE ESTIMATES AND RECOMMENDATIONS FOR THE FINAL ACTION OF THE TOWN,AT THE ANNUAL TOWN MEETING AND AT ANY SPECIAL TOWN MEETING,UNLESS OTHERWISE DIRECTED BY A VOTE OF THE TOWN. OR TAKE ANY OTHER ACTION RELATIVE THERETO. BY REQUEST OF STEPHEN SMITH AND OVER 10 OTHERS. ARTICLE 12. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND/OR TAKE FROM FREE CASH THE SUM OF$209,075 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX REGIONAL RETIREMENT SYSTEM FOR FISCAL YEAR 2002. FINANCE COMMITTEE RECOMMENDS ARTICLE 13. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $2,970 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 2001. FINANCE COMMITTEE RECOMMENDS 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 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 16. TO SEE IF THE TOWN WILL VOTE TO ACCEPT AND APPROVE THE CODIFICATION OF THE BYLAWS OF THE TOWN OF NEWBURY IN THE FORMAT PRESENTED , BY GENERAL CODE PUBLISHERS,WHICH IS ON FILE IN THE OFFICE OF THE TOWN CLERK, BEING A RENUMBERING AND RECAPTIONING OF THE PRESENT BYLAWS. ARTICLE 17. 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'h OF CHAPTER 44 MGL. THE HARBORMASTER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND$42,503 DURING THE NEXT FISCAL YEAR. FINANCE COMMITTEE RECOMMENDS ARTICLE 18. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM$134,995.36 FROM THE CHAPTER 90 AVAILABLE APPORTIONMENT OF CHAPTER 53(B)OF THE ACTS OF 1999,MA.#38504 AND CHAPTER 150 OF THE ACTS OF 2000 MA.#38504. FINANCE COMMITTEE RECOMMENDS ARTICLE 19. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE OR TRANSFER AND APPROPRIATE THE SUM OF$25,500 TO BE USED FOR THE PURCHASE OF A NEW POLICE CRUISER,OR TAKE ANY OTHER ACTION RELATIVE THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 20. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $45,000 FOR THE PURCHASE OF 15 SELF CONTAINED BREATHING APPARATUS UNITS FOR FIRE PROTECTION COMPANY Il FINANCE COMMITTEE RECOMMENDS ARTICLE 21. TO SEE IF THE TOWN WILL VOTE TO AMEND ARTICLE IV. SECTION 93-20(A) OF THE POLICE BY-LAWS TO READ"ANY VEHICLE SO VIOLATING SHALL BE FINED$20.00 FOR EACH OFFENSE." ARTICLE 22. 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 23. 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 24. TO SEE IF THE TOWN WILL AUTHORIZE THE BOARD OF SELECTMAN TO CONVEY ANY AND ALL INTEREST,RIGHT AND TITLE THE TOWN HAS IN A PARCEL OF REAL ESTATE TO EDWIN H.FRAZIER,H AND CAROLE FRAZIER OF 173 SCOTLAND ROAD, NEWBURY MA AND TO EXECUTE AND DELIVER ALL DEEDS AND INSTRUMENTS NECESSARY THEREFORE. SAID PARCEL BEING DESCRIBED AS A TRIANGULAR PORTION OF LAND BETWEEN THE CENTER LINE OF"OLD SCOTLAND ROAD"AND THE SOUTHERLY BOUND OF THE 1957 LAYOUT OF THE NEW SCOTLAND ROAD AS SHOWN ON PLAN#2809 RECORDED WITH THE SOUTH ESSEX REGISTRY OF DEEDS IN PLAN BOOK 89,PLAN 41. THE AFFECTED LOT IS SHOWN AS LOT#6 ON PLAN BOOK 292,PLAN 95 RECORDED AT THE SOUTH ESSEX REGISTRY OF DEEDS AND HAS A PRESENT STREET ADDRESS OF 173 SCOTLAND ROAD,NEWBURY MA. THE DEED REFERENCE FOR THE AFFECTED LOT IS BOOK 13667,PAGE 481 WITH THE SOUTH ESSEX REGISTRY OF DEEDS. THE PARCEL OF LAND IS SHOWN AS THE SHADED GREEN AREA ON THE ATTACHED EXHIBIT 1.THE PARCEL OF LAND TO BE CONVEYED IS FURTHER DESCRIBED AS PARCEL 1 ON A PLAN OF LAND ENTITLED" CONSIDERATION FOR SAID CONVEYANCE SHALL BE ONE DOLLAR AND 00/100($1.00)PAID TO THE TOWN OF NEWBURY BY EDWIN H.FRAZIER,H.AND CAROLE FRAZIER. AND, TO SEE IF THE TOWN WILL AUTHORIZE THE BOARD OF SELECTMAN TO CONVEY ANY AND ALL INTEREST,RIGHT AND TITLE THE TOWN HAS IN A PARCEL OF REAL ESTATE TO PETER B.BROWN AND CAROL BROWN OF 175 SCOTLAND ROAD,NEWBURY,MA AND TO EXECUTE AND DELIVER ALL DEEDS AND INSTRUMENTS NECESSARY THEREFORE. SAID PARCEL BEING DESCRIBED AS THE AREA OF LAND BETWEEN THE CENTER LINE OF"OLD SCOTLAND ROAD"AND THE SOUTHERLY BOUND OF THE 1957 LAYOUT OF THE NEW SCOTLAND ROAD ON PLAN#2809 RECORDED WITH THE SOUTH ESSEX REGISTRY OF DEEDS IN PLAN BOOK 89,PLAN 41. THE AFFECTED LOT IS SHOWN AS LOT#7 ON PLAN BOOK 292,PLAN 95 RECORDED AT THE SOUTH ESSEX REGISTRY OF DEEDS AND HAS A PRESENT STREET ADDRESS OF 175 SCOTLAND ROAD,NEWBURY MA. THE DEED REFERENCE FOR THE AFFECTED LOT IS BOOK 13413,PAGE 225 WITH THE SOUTH ESSEX REGISTRY OF DEEDS. THE PARCEL OF LAND IS SHOWN AS THE SHADED YELLOW AREA ON THE ATTACHED EXHIBIT 1. THE PARCEL OF LAND TO BE CONVEYED IS FURTHER DESCRIBED AS PARCEL 2 ON A PLAN OF LAND ENTITLED" CONSIDERATION FOR SAID CONVEYANCE SHALL BE ONE DOLLAR AND 00/100($1.00)PAID TO THE TOWN OF NEWBURY BY PETER B.BROWN AND KAREN BROWN. BY REQUEST OF NORMA SULLIVAN AND MORE THAN 10 OTHERS. ARTICLE 25. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE SELECTMEN TO ACCEPT FROM THE RECORD OWNER THEROF,A GIFT OF LAND LOCATED AT#4 AUSTIN LANE,NEWBURY,MASSACHUSETTS AS MORE PARTICULARLY DESCRIBED ON NEWBURY ASSESSORS MAP R22,AS LOT#9B AND AT THE ESSEX SOUTH DISTRICT REGISTRY OF DEEDS AT BOOK 16446,PAGE 18 AND TO TAKE ANY OTHER ACTION NECESSARY THERETO. ARTICLE 26. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS,TO ADD SECTION 8 WITH AMENDMENTS TO INDUSTRIAL DISTRICT SECTION 4.2.3.4 AND COMMERCIAL HIGHWAY DISTRICT SECTION 4.4.2.6 TO READ "COMMUNICATION AND TELEVISION TOWERS AS PROVIDED FOR IN SECTION 8.0." PERSONAL WIRELESS COMMUNICATIONS SERVICE FACILITIES SECTION 8.0 PERSONAL WIRELESS COMMUNICATIONS SERVICE FACILITIES 8.1 PURPOSE AND INTENT It is the express purpose of this bylaw to minimise the visual and environmental impacts of personal wireless service facilities. The Bylaw enables the review and approval of personal wireless service facilities by the Newbury(hereinafter referred to as the"Town")Zoning Board of Appeals(herinafter referred to as the`Board")in keeping with the Town's existing bylaws and historic development patterns,including the size and spacing of structures and open spaces. This bylaw is intended to be used in conjunction with other regulations adopted by the Town,including historic district regulations,site plan review and other local bylaws designed to encourage appropriate land use,environmental protection,and provision of adequate infrastructure development in Newbury. 30 The regulation of personal wireless service facilities is consistent with the purpose of the ongoing planning efforts of the Town through its local comprehensive plan to further the conservation and preservation of developed,natural and undeveloped areas,wildlife,flora and habitats for endangered species;balanced economic growth; the provision of adequate capital facilities;the coordination of the provision of adequate capital facilities with the achievement of other goals;and the preservation of historical,cultural,archaeological,architectural and recreational values. 8.2 DEFINITIONS: For the purposes of this section the following definitions shall be used. 8.2.1 ANTENNA: The surface from which the personal wireless communication services are sent and received. , 8.2.2 ANTENNA DEVICE: Panels, satellite dishes,and antennae and/or similar devices, which are designed to facilitate personal wireless communications services. 8.2.3 ANTENNA SUPPORT STRUCTURES: All structures associated with personal wireless communication service facilities including but not limited to monopole,lattice type tower or satellite dishes over three 3 (3)feet in diameter or antennas and similar structures requiring three or more legs and/or guy wires for support. 8.2.4 CO-LOCATION: The use of a single antenna support structure by more than one carver. 8.2.5 HISTORIC STRUCTURE AND DISTRICTS: A structure or district listed on the National Historic Register of Historic Places or one that is eligible for placement on the National Register of Historic Places. 8.2.6 PERSONAL WIRELESS COMMUNICATIONS SERVICE: Commercial Mobile Services(Cellular),Personal Communication Services,and Enhanced Specialized Mobile Radio,Specialized Mobile Radio and Paging,Unlicensed Wireless Services,and Common Carrier Wireless Exchange Access Services. 8.2.7 PERSONAL WIRELESS COMMUNICATION SERVICE FACILITY: All types of fixtures,antenna support structures,and/or equipment used by or intended for use by a public utility or an FCC-licensed commercial entity for the provision of personal wireless communication services. A personal wireless communication service facility may include accessory mechanical,electronic,or telephonic equipment necessary to operate such a facility provided,however,that such a facility shall be a transmission and reception substation,not a principal facility for conducting a communication business. 8.2.8 PERSONAL WIRELESS COMMUNICATION SERVICE COMPANY: Any entity, corporation,or other organization which provides personal wireless communication service for a fee. 8.2.9 PUBLIC UTILITY: A public service corporation,either private or public,supplying or transmitting gas,water,electricity,or communications to any or all members of the public and subject to Federal,State or Municipal regulations by virtue of its natural or legal monopoly,except for a corporation or other organization which provides personal wireless communication services. 8.2.10 SATELLITE DISHES: Satellite dishes over three(3)feet in diameter used exclusively for the purposes of personal wireless communication services. 8.2.11 STEALTH TECHNOLGY: Any antenna devices that is either camouflaged,and/or concealed and placed upon or inside existing buildings and/or similar structures,but does not include the antenna support structures of monopoles,lattice type towers,and satellite dishes over three(3)feet in diameter or antennas and similar structures requiring three or more legs and/or guy wires for support. 8.3 Only Personal Wireless Communication Service Facilities using stealth technology shall be allowed as-of-right within the Town of Newbury. 8.4 The following antenna support structures are prohibited within the Town of Newbury: lattice type , towers,satellite dishes over three(3)feet in diameter,or antennas and similar structures requiring three or more legs and/or guy wires for support. 8.5 All proposed Personal Wireless Communication Service Facilities(including stealth technology) shall be subject to site plan review standards. 8.6 A Special Permit shall be required from the Board for any new personal wireless communication service facility including,but not limited to,the antenna support structure of monopoles and for any proposed alteration,extension in height,or the replacement thereof. 8.7 All new personal wireless communication service facilities including and not limited to the antenna support structure of monopoles when allowed by special permit,shall not exceed one hundred and fifty(150)feet in height nor be erected nearer to any property line than a distance equal to the vertical height of the support structure inclusive of its appurtenant devices(s). measured at the mean finished grade,unless it is determined by the Board that an increase in 31 vertical distance is necessary or a reduction of vertical distance,insofar that the Board determines that such increase or reduction will not substantially detract from the intent or purpose of this section. 8.8 All new personal wireless communication service facilities designed as the following: antenna support structures,monopoles,lattice style towers,and satellite dishes over three(3)feet in diameter or antennas and similar structures requiring three(3)or more legs and/or guy wires for support shall be prohibited: 1. in the following zoning districts: Agricultural/Residential,Parker River Residential, and Business; 2. within one hundred and fifty feet(150)feet of a neighboring municipality boundary; 3. within one hundred and fifty feet(150)of the Little,Parker and Merrimack Rivers; 4. within two hundred feet(200)of a residential structure; 5. in view of a Historic Structure or District; 6. in an open field which is plainly visible from public roads,recreational areas,or residential developments; 7. in wetlands. 8.9 New personal wireless communication service facilities using monopoles,antennas,or stealth technology shall be allowed on structures owned by the Town of Newbury,upon the issuance of a Special Permit from the Board. 8.10 New personal wireless communication service facilities, except lattice style towers,satellite dishes over three(3)feet in diameter, or antennas and similar structures requiring three(3)or more legs and/or guy wires for support shall be allowed in the following zoning districts: Industrial and Commercial Highway. 8.11 Antennas and directly related facilities used exclusively for communications for the purpose of Federally licensed amateur radio operators shall be exempt from the requirements of this by-law. 8.12 All personal wireless communication service facilities shall be removed within six(6)months of cessation of use. The owner of the facility shall inform the Town of Newbury when cessation occurs. 8.13 All personal wireless communication service facility owners shall file with the Board and with the Building Inspector bi yearly certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration, and the American National Standards Institute and any required maintenance. 8.14 Any personal wireless communication service facility located on or within a Historic Structure shall not alter the character-defining features, definitive construction methods, or original historic materials of the building or structure. Any alteration made to a Historic Structure to accommodate a personal wireless communication service facility shall be fully reversible. 8.15 All applicants for personal wireless communication service facilities must demonstrate to the Board a good faith effort to co-locate facilities with other carriers. 8.16 A Special Permit issued for any personal wireless communication service facility shall be valid for fifteen (15)years. At the end of that time period, the personal wireless communication service facility shall be removed by the carrier or a new Special Permit shall be required. ARTICLE 27. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS,TO ADD SECTION 4.12 "OPEN SPACE RESIDENTIAL DEVELOPMENT BY- LAW",AND CHANGE TO SECTION 2.7"SPECIAL PERMIT GRANTING AUTHORITY,"AND SECTION 6.3 "SPECIAL PERMIT PROCEDURES-PUBLIC HEARING,"AS FOLLOWS 4.12 OPEN SPACE RESIDENTIAL DEVELOPMENT BYLAW 4.12.1. PURPOSE AND INTENT 4.12.1.1. The Primary Purposes for the Open Space Residential Development(OSRD) bylaw are the following: (a) To allow for greater flexibility and creativity in the design of residential developments; (b) To encourage the permanent preservation of open space, agricultural land, forestry land,wildlife habitat, other natural resources including aquifers, waterbodies and wetlands, and historical and archeological resources in a manner that is consistent with Newbury's open space plan; (c) To encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional or grid subdivision; 32 (d) To minimize the total amount of disturbance on the site; (e) To further the goals and policies of the open space plans; (f) To facilitate the construction and maintenance of housing, streets, utilities, and public service in a more economical and efficient manner. 4.12.1.2. The Secondary Purposes for OSRD are the following: (a) To preserve and enhance the community character; (b) To protect the value of real property; (c) To provide for a diversified housing stock; (d) To provide affordable housing to persons of low and moderate income. 4.12.2. ELIGIBILITY 4.12.2.1. Any development that will create more than 4 lots or units shall submit an application for OSRD to the Planning Board. 4.12.2.2. Contiguous Parcels. To be eligible for consideration as a OSRD, the tract shall consist of a parcel or set of contiguous parcels. 4.12.2.3. Land Division. To be eligible for consideration as a OSRD, the tract may be a subdivision or a division of land pursuant to G.L. c. 41, s. 81P provided, however, that a OSRD may also be permitted where intended as a condominium on land not so divided or subdivided. 4.12.3. SPECIAL PERMIT REQUIRED The Planning Board may authorize a OSRD pursuant to the grant of a special permit. Such special permits shall be acted upon in accordance with the following provisions: 4.12.4. PRE-APPLICATION 4.12.4.1. Conference. The applicant is very strongly encouraged to request a pre-application review at a regular business meeting of the Planning Board. If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health, and Historical Commission. The purpose of a pre-application review is to minimize the applicant's costs of engineering and other technical experts, and to commence negotiations with the Planning Board at the earliest possible stage in the development. At the pre-application review, the applicant may outline the proposed OSRD, seek preliminary feedback from the Planning Board and/or its technical experts, and set a timetable for submittal of a formal application. At the request of the applicant, and at the expense of the applicant, the Planning Board may engage technical experts to review the informal plans of the applicant and to facilitate submittal of a formal application for a OSRD special permit. 4.12.4.2 Submittals. In order to facilitate review of the OSRD at the pre-application stage, applicants are strongly encouraged to submit the following information: A. Site Context Map. This map illustrates the parcel in connection to its surrounding neighborhood. Based upon existing data sources and field inspections, it should show various kinds of major natural resource areas or features that cross parcel . lines or that are located on adjoining lands. This map enables the Planning Board to understand the site in relation to what is occurring on adjacent properties. B. Existing Conditions/Site Analysis Map. This map familiarizes officials with existing conditions on the property. Based upon existing data sources and field inspections, this base map locates and describes noteworthy resources that should be left protected through sensitive subdivision layouts. These resources include wetlands, riverfront areas, floodplains and steep slopes,but may also include mature un-degraded woodlands,hedgerows, farmland,unique or special wildlife habitats,historic or cultural features (such as old structures or stone walls), unusual geologic formations and scenic views into and out from the property. Where appropriate,photographs of these resources should accompany the map. By overlaying this plan onto a development plan the parties involved can clearly see where conservation priorities and desired development overlap/conflict. C. Other Information. In addition, applicants are invited to submit the information set forth in Section 4.12.5.1 in a form acceptable to the Planning Board. 4.12.4.3. Site Visit. Applicants are encouraged to request a site visit by the Planning Board and/or its agents in order to facilitate pre-application review of the OSRD. If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health, and Historical Commission. 4.12.4.4. Design Criteria. The design process and criteria set forth below in Section 4.12.5 should be discussed by the parties at the pre-application conference and site visit. 4.12.5. DESIGN PROCESS At the time of the application for a special permit for OSRD in conformance with Section 4.12.6.1, applicants are required to demonstrate to the Planning Board that the following Design Process was performed by a multidisciplinary team of which one member must be a certified Landscape Architect and considered in determining the layout of proposed streets, house lots, unit placement if treated as a condominium, including designation of all common areas and open space. 1. Step One: Identifying Conservation Areas. Identify preservation land by two steps. First, Primary Conservation Areas (such as wetlands, riverfront areas, and floodplains regulated by state or federal law) and Secondary Conservation Areas (including unprotected elements of the natural landscape such as steep slopes, mature woodlands,prime farmland,meadows, wildlife habitats and cultural features such as historic and archeological sites and scenic views) shall be identified and delineated. Second, the Potentially Developable Area will be identified and delineated. To the maximum extent feasible, the Potentially Developable Area shall consist of land outside identified Primary and Secondary Conservation Areas, 2. Step Two: Locating House Sites. Locate the approximate sites of individual houses within the Potentially Developable Area and include the delineation of private yards and shared amenities, so as to reflect an integrated community,with emphasis on consistency with the Town's historical development patterns. The number of homes or units if a condominium proposal enjoying the amenities of the development should be maximized. 3. Step Three: Aligning the Streets and Trails. Align streets in order to access the house lots or units. Additionally, new trails should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails. 4. Step Four: Lot Lines. Draw in the lot lines, if not treated as a condominium. 4.12.6. PROCEDURES 4.12.6.1 Application. An application for a special permit for a OSRD shall be submitted on the form(s) provided by the Planning Board in accordance with the rules and regulations of the Board. Applicants for OSRD shall also file with the Planning Board 8 copies of the Concept Plan. The Concept Plan shall include a Sketch Plan and a Yield Plan(see Section 4.12.6). The applicant shall submit both the Site Context Map and Existing Conditions/Site Analysis Map prepared according to Section 4.12.5.2 above. Additional information reasonably necessary to make the determinations and assessments cited herein shall be provided, including existing site contour maps and existing current soil maps. A. Sketch Plan. The Sketch Plan shall be prepared by a certified Landscape Architect, or by a multi-disciplinary team of which one member must be a certified Landscape Architect, and shall address the general features of the land, and give approximate configurations of the lots, of unit placements, if treated as a condominium, of open space, and roadways. The Sketch Plan shall incorporate the Four-Step Design Process, according to Section 4.12.5 above, and the Design Standards according to Section 4.12.10 below, when determining a proposed design for the development. The Sketch Plan shall include the following: a. The subdivision name,boundaries,north point, date, legend,title "Concept Plan,"and scale. b. The name and address of the record owner or owners,the applicant, and the Landscape Architect or other designer that prepared the plan. c. The names, approximate location, and widths of adjacent streets. , d. The proposed topography of the land shown at a contour interval no greater than two feet. Elevations shall be referred to mean sea level. e. The location of existing landscape features including forests, farm fields, meadows,wetlands, riverfront areas,waterbodies, archeological and historic structures or points of interest, rock outcrops,boulder fields, stone walls, cliffs,high points,major long views, forest glades,major tree groupings, noteworthy tree specimens, and habitats of endangered or threatened wildlife, as identified as primary and secondary resources according to Section 4.12.5.1. Proposals for all site features to be preserved, demolished, or moved shall be noted on the Sketch Plan. f. All on-site local, state, and federal regulatory resource boundaries and buffer zones shall be clearly identified and all wetland flag locations shall be numbered and placed upon the Sketch Plan. g. Lines showing proposed private residential lots, as located during Step- Four, Section 4.12.5.4, with approximate areas and frontage dimensions, or unit placements and proposed common areas. h. All existing and proposed features and amenities including trails, , recreation areas,pedestrian and bicycle paths, communities buildings, and off-street parking areas shall be shown on the plan and described in a brief narrative explanation where appropriate. i. The existing and proposed lines of streets,ways, common driveways, easements and any parcel of land intended to be dedicated for public use or to be reserved by deed covenant for use of all property owners in the subdivision, or unit development, or parcels of land or lots to be used for any purpose other than private residential shall be so designated within the subdivision in a general manner. j. Proposed roadway grades. k. Official soil percolation tests for the purpose of siting wastewater treatment options are not required for the Concept Plan. However, a narrative explanation shall be prepared b a certified Professional P P eP Y Engineer detailing the proposed wastewater systems that will be utilized by the development and its likely impacts on-site and to any abutting parcels of land. For example,the narrative will specify whether individual on-site or off-site systems, shared systems, alternative to Title V systems, or any combination of these or other methods will be utilized. , 1. A narrative explanation prepared by a certified Professional Engineer proposing systems for stormwater drainage and its likely impacts on-site and to any abutting parcels of land.For example, the narrative will specify whether soft or hard engineering methods will be used and the number of any detention/retention basins or infiltrating catch basins, it is not intended to include specific pipe sizes. Any information needed to justify this proposal should be included in the narrative. The approximate location of any stormwater management detention/retention basins shall be shown on the plan and accompanied by a conceptual landscaping plan. in. A narrative explanation prepared by a certified Professional Engineer, detailing the proposed drinking water supply system. 55 n. A narrative explanation of the proposed quality, quantity, use and ownership of the open space. Open space parcels shall be clearly shown on the plan. o. All proposed landscaped and buffer areas shall be noted on the plan and generally explained in a narrative. p. A list of all legal documents necessary for implementation of the proposed development, including any Conservation Restrictions, land transfers, and Master Deeds or condominium documents,with an accompanying narrative explaining their general purpose. q. A narrative indicating all requested waivers, reductions, and/or modifications as permitted within the requirements of this bylaw. B. Yield Plan. Applicant shall submit a narrative explanation detailing the results of the determination of any proposed allocation of yield determined according to Section 4.12.7,Basic Maximum Number(of lots/units/bedrooms). C. Relationship between Concept Plan and Definitive Subdivision Plan. The Concept Plan special permit shall be reconsidered if there is substantial variation between the Definitive Subdivision Plan and the Concept Plan. If the Planning Board finds that a substantial variation exists, it shall hold a public hearing on the modifications to the Concept Plan. A substantial variation shall be any of the following: (1) an increase in the number of building lots, and or units; (2) a significant decrease in the open space acreage; (3) a significant change in the lot layout, or unit placement; (4) a significant change in the general development pattern which adversely affects natural landscape features and open space preservation; (5) significant changes to the stormwater management facilities; and/or (6) significant changes in the wastewater management systems. 4.12.6.2 Procedures. Whenever an application for a OSRD special permit is filed with the Planning Board, the applicant shall also file,within five (5)working days of the filing of the completed application, copies of the application, accompanying development plan, and other documentation, to the Board of Health, Conservation Commission, Historical Commission, Building Inspector, Highway Department, Police Chief, Fire Chief, and Town Engineer for their consideration, review, and report. The applicant shall furnish the copies necessary to fulfill this requirement. Reports from other boards and officials shall be submitted to the Planning Board within thirty-five (35) days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the Planning Board is held prior to the expiration of the 35 day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that 35 day period. The Decision/Findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party. 4.12.6.3. Site Visit. Whether or not conducted during the pre-application stage, the Planning Board shall conduct a site visit during the public hearing. At the site visit, the Planning Board and/or its agents shall be accompanied by the applicant and/or its agents. 4.12.6.4. Other Information. The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Bylaw. To the extent permitted by law, the Planning Board shall coordinate the public hearing required for any application for a special permit for a OSRD with the public hearing required for approval of a definitive subdivision plan. El 36 4.12.7. BASIC MAXIMUM NUMBER OF LOTS The Basic Maximum Number shall be derived from a Yield Plan. The Yield Plan shall show the maximum number of lots (or dwelling units)that could be placed upon the site under a conventional subdivision. The Yield Plan shall contain the information required for a Sketch Plan as set forth above in Section 4.12.6. The proponent shall have the burden of proof with regard to the Basic Maximum Number of lots resulting from the design and engineering specifications shown on the Yield Plan. 4.12.8. REDUCTION OF DIMENSIONAL REQUIREMENTS The Planning Board encourages applicants to modify lot size,unit placement, shape, and , other dimensional requirements for lots within a OSRD, subject to the following limitations: 1. Lots having reduced area or frontage shall not have frontage on a street other than a street created by the OSRD;provided,however,that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this bylaw. 2. At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board. 3. Items one and two above would not be applicable to a planned unit development if treated as a condominium. 4.12.9. OPEN SPACE REQUIREMENTS 4.12.9.1. Open Space. A minimum of fifty percent(50%) of the upland shown on the development plan shall be open space. Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved exclusively for the purposes set forth herein, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes. A. The open space shall be contiguous. Contiguous shall be defined as being connected. Open Space will still be considered connected if it is separated by a roadway or an accessory amenity. The Planning Board may waive this requirement for all or part of the required open space where it is determined that allowing non-contiguous open space will promote the goals of this bylaw and/or protect identified primary and secondary conservation areas. B. The open space shall be used for wildlife habitat and conservation and the following additional purposes: historic preservation, outdoor education,passive recreation, agriculture, horticulture, forestry, a combination of these uses, and shall be served by suitable access for such purposes. The Planning Board may permit a small portion of the open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space i.e.,pedestrian walks and bike paths) so long as it supports the primary and secondary purposes of the OSRD. C. Wastewater and stormwater management systems serving the OSRD may be located within the open space. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required. 4.12.9.2. Ownership of the Open Space. The open space shall, at the Planning Board's , election,be conveyed to: (a) the Town or its Conservation Commission; (b) a nonprofit organization,the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above; (c) a corporation,homeowners assocation or trust owned jointly or in common by the owners of lots or units within the OSRD. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust which shall provide for mandatory assessments for 37 maintenance expenses to each lot and unit. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such homeowners association, trust or corporation shall be submitted to the Planning Board for approval, and shall thereafter be recorded. (d) a private owner for agricultural, horticultural or forestry 4.12.9.3. Maintenance of Open Space: In any case where open space is not conveyed to I the Town, the Town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land. Such easement shall provide that in the event the trust or other owner fails to maintain the open space in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. The Town may file a lien against the lot or lots to ensure payment of such maintenance. 4.12.10. DESIGN STANDARDS The following Generic and Site Specific Design Standards shall apply to all OSRD's and shall govern the development and design process: 1. Generic Design Standards (a) The landscape shall be preserved in it natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainage ways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme. (b) Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel. (c) Mixed-use development shall be related harmoniously to the terrain and the use, scale, and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. Proposed buildings shall be related to their surroundings. (d) All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties. (e) The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties. 2. Site Specific Design Standards (a) Mix of Housing Types. The OSRD may consist of any combination of single-family and two-family structures. Multifamily structures as permitted under section 4.12.12 may also be included. Residential structures shall be oriented toward the street serving the premises and not the required parking area. (b) Parking. Each dwelling unit shall be served by two (2) off-street parking spaces. Parking spaces in front of garages may count in this computation. (c) Drainage. The Planning Board shall encourage the use of"soft" (non-structural) stormwater management techniques (such as swales) and other drainage techniques that reduce impervious surface and enable infiltration where appropriate. (d) Screening and Landscaping. All structural surface stormwater management facilities shall be accompanied by a conceptual landscape plan. (e) On-site Pedestrian and Bicycle Circulation. Walkways,trails and bicycle paths shall be provided to link residences with recreation facilities (including parkland and open space) and adjacent land uses where appropriate. (f) Disturbed Areas. Every effort shall be made to minimize the area of disturbed areas on the tract. A disturbed area is any land not left in its natural vegetated state. 4.12.11. DECISION OF THE PLANNING BOARD The Planning Board may grant a special permit for an OSRD if it determines that the proposed OSRD has less detrimental impact on the tract than a conventional development , proposed for the tract, after considering the following factors: 1. whether the OSRD achieves greater flexibility and creativity in the design of residential or unit developments than a conventional plan; 2. whether the OSRD promotes permanent preservation of open space, agricultural land forestry land, other natural resources including waterbodies and wetlands, and historical and archeological resources; 3. whether the OSRD promotes a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional subdivision; 4. whether the OSRD reduces the total amount of disturbance on the site; 5. whether the OSRD furthers the goals and policies of the [choose] open space/master/ comprehensive plan(s); 6. whether the OSRD facilitates the construction and maintenance of streets, utilities, and public service in a more economical and efficient manner. 7. whether the Concept Plan and its supporting narrative documentation complies with , all sections of this zoning bylaw. 4.12.12. INCREASES IN PERNIISSIBLE DENSITY The Planning Board may award a density bonus to increase the number of dwelling units beyond the Basic Maximum Number. The density bonus for the OSRD shall not, in the aggregate, exceed fifty percent(50%) of the Basic Maximum Number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: 1. For each additional ten percent(10%) of the site(over and above the required 50%) set aside as open space, a bonus of five percent(5%) of the Basic Maximum Number may be awarded. 2. For every two (2)dwelling units restricted to occupancy by persons over the age of fifty-five, one(1)dwelling unit may be added as a density bonus. Multifamily structures of not more than four(4) units are permitted if all units are restricted to occupancy by persons over the age of fifty-five. 3. For every two (2) dwelling units restricted to occupancy for a period of not less than fifteen(15)years by persons or families who qualify as low or moderate income, as those terms are defined for the area by the Commonwealth's Department of Housing , and Community Development, one(1) dwelling unit may be added as a density bonus. Multifamily structures of not more than four(4)units are permitted if all units are restricted to occupancy by low or moderate income persons or families. 4. For every historic structure preserved and subject to a historic preservation restriction, one(1)dwelling unit may be added as a density bonus. 5. Condominium developments are permitted at the discretion of the planning board only if all units are either restricted to occupancy by persons over the age of fifty-five or to occupancy by low or moderate income persons or families. 39 4.12.13. SEVERABILITY If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the town's zoning bylaw. Proposed Zoning By-Law Modifications 2.7 SPECIAL PERMIT GRANTING AUTHORITY. For the purpose of this By-Law,the Special Permit Granting Authority shall be the Board of Selectmen,the Planning Board, or the Zoning Board of Appeals. 6.3 SPECIAL PERMIT PRODEDURES -PUBLIC HEARING. Any special permit which shall hereafter be issued under this By-Law,whether by the Selectmen,by the Planning Board, or by the Zoning Board of Appeals, shall be issued only following a public hearing held within 65 days after the filing of a petition or application with said Selectmen, Planning Board, or Zoning Board of Appeals, as appropriate, a copy of which petition or application shall forthwith be given to the Town Clerk by the applicant. Any special permit granted under this By-Law shall lapse 2 years from the date of the granting of such permit(including time required to pursue or await the determination of an appeal from the grant thereof)if a substantial use thereof has not sooner commenced, or,in the case of a permit for construction, of such construction has not begun by such date,unless such failure is for good cause. Uses,whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production,may be permitted upon the issuance of a special permit by the Selectmen providing the Selectmen find that the proposed accessory use does not substantially derogate from the public good. Petitions or applications for special permits under the By-Law shall be submitted to and reviewed by the following(such reviews may be held either jointly or severally): the Board of Health,the Planning Board,the Conservation Commission and any other Board or Commission of the Town to which the Selectmen,Planning Board, or Zoning Board of Appeals,as applicable, direct the petition or application to be submitted for review. Any such Board or Commission to which petitions or applications are referred for review shall make such recommendations as they deem appropriate and shall send copies thereof to the Selectmen, Planning Board, or zoning Board of Appeals,as applicable,and to the applicant;provided, however,that failure of any such Board or Commission to make recommendations within 35 days of receipt by such Board or Commission of the petition or application shall be deemed lack of opposition thereto. ARTICLE 28. TO MEET ON TUESDAY MAY 8,2001,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,LIBRARY TRUSTEE ALL FOR THREE YEARS,A TREE WARDEN FOR ONE YEAR,A PLANNING BOARD MEMBER FOR FIVE YEARS,CONSTABLE FOR A FOUR YEAR TERM,CONSTABLE FOR THREE YEARS LEFT ON FOUR YEAR TERM. 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 IOT"DAY OF APRIL,2001. SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST: 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: 4-11 -2001 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 -2001 CONSTABLE: RICHARD N. CUNNINGHAM U 4.12.13. SEVERABILITY If any provision of this bylaw is held invalid�y a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the town's zoning bylaw. Proposed Zoning By-Law Modifications 2.7 SPECIAL PERMIT GRANTING AUTHORITY. For the purpose of this By-Law, the Special Permit Granting Authority shall be the Board of Selectmen,the Planning Board, or the Zoning Board of Appeals. 6.3 SPECIAL PERMIT PRODEDURES -PUBLIC HEARING. Any special permit which shall hereafter be issued under this By-Law,whether by the Selectmen,by the Planning Board, or by the Zoning Board of Appeals, shall be issued only following a public hearing held within 65 days after the filing of a petition or application with said Selectmen,Planning Board,or Zoning Board of Appeals, as appropriate, "and provided that said applicant and/or petitioner has furnished written notice by U.S. Mail, certified or requested,not less than 2 1(twenty-one)days prior to said public hearing to all adjoining owner-abutters and furnished evidence of such written notice to the Selectmen,Planning Board or Zoning Board of Appeals, a copy of which petition or application shall forthwith be given to the Town Clerk by the applicant. Any special permit granted under this By-Law shall lapse 2 years from the date of the granting of such permit (including time required to pursue or await the determination of an appeal from the grant thereof) if a substantial use thereof has not sooner commenced, or, in the case of a permit for construction, a of such construction has not begun by such date,unless such failure is for good cause. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to 4— activities permitted as a matter of right,which activities are necessary in connection with scientific research or scientific development or related production,may be permitted upon the issuance of a special permit by the Selectmen providing the Selectmen find that the proposed accessory use does not substantially derogate from the public good. Petitions or applications for special permits under the By-Law shall be submitted to and reviewed by the following(such reviews may be held either jointly or severally): the Board of Health,the Planning Board,the Conservation Commission and any other Board or Commission of the Town to which the Selectmen,Planning Board, or Zoning Board of Appeals, as applicable, direct the petition or application to be submitted for review. Any such Board or Commission to which petitions or applications are referred for review shall make such recommendations as they deem appropriate and shall send copies thereof to the Selectmen,Planning Board, or zoning Board of Appeals, as applicable, and to the applicant;provided,however,that failure of any such Board or Commission to make recommendations within 35 days of receipt by such Board or Commission of the petition or application shall be deemed lack of opposition thereto. ARTICLE 28. TO MEET ON TUESDAY MAY 8,2001,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,LIBRARY TRUSTEE ALL FOR THREE YEARS,A TREE WARDEN FOR ONE YEAR,A PLANNING BOARD MEMBER FOR FIVE YEARS,CONSTABLE FOR A FOUR YEAR TERM, CONSTABLE FOR THREE YEARS LEFT ON FOUR YEAR TERM. 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 1 OTH DAY OF APRIL,2001. SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST: PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED,I HEREBY NOTIFY AND WARN THE INHABITANTS OF THE TOWN OF NEWBURY,QUALIFIED TO VOTE IN TOWN AFFAIRS, TO MEET AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HERED4 NAMED. DATE: 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: CONSTABLE: 41 TOWN OF NEWBURY ANNUAL TOWN MEETING RESULTS APRIL 24,2001 THE MODERATOR,RICHARD JOY,CALLED THE MEETING TO ORDER AT 7:44 P.M.THE CALL AND RETURN WERE READ. AFTER THE PLEDGE OF ALLEGIANCE,A MOMENT OF SILENCE WAS ASKED FOR THOSE WHO HAD DIED SINCE THE LAST MEETING. RICHARD JOHNSON INTRODUCED A GROUP OF SPECIAL VISITORS WHO WERE HERE FROM KENYA TO STUDY LEADERSHIP AND THE AMERICAN WAY OF DEMOCRACY AND FREE SPEECH.MODERATOR JOY ANNOUNCED AFTER READING AND STUDYING THE WARRANT THAT HE FELT THAT THE ORDER IN WHICH THE ARTICLES WERE TO BE VOTED ON SHOULD BE CHANGED FOR THOSE WHO WERE ELDERLY OR HAD REQUESTED A CHANGE IN ORDER. COUNTERS APPOINTED FOR THE EVENING WERE:KAREN BREEN,HOWARD TRAISTER,MICHAEL BULGARIS,RAYMOND BARDSLEY,RICHARD PASSERI,JOHN MATTHEWS,JOHN SEAMANS, ROBERT WALTON,AND DOUGLAS PACKER. ARTICLE 6. AFTER SOME DISCUSSION IT WAS VOTED TO ACCEPT AN AMENDMENT TO READ 15%OF TOTAL VOTERS IN PLACE OF 200. ARTICLE THEN VOTED WITH AMENDMENT. YES-459,NO-217. MOVED, SECONDED AND VOTED PASSED. ARTICLE 7. MOVED,SECONDED,AND AFTER SOME DISCUSSION WAS VOTED: YES-477,NO-212. ARTICLE VOTED PASSED. ARTICLE 8. WAS MOVED BY SELECTMAN AND SECONDED WITH MUCH DISCUSSION HELD FOR AND AGAINST CLOSING TOWN LANDFILL. TOWN COUNSEL AND MODERATOR FELT THAT A 2/3 VOTE WAS NEEDED TO PASS. AN AMENDMENT WAS THEN PRESENTED BY MITCHELL PEASE TO STRIKE OUT SECTION(2)OF THE ARTICLE. VOTE TO AMEND TO STRIKE OUT SECTION(2)WAS YES-342,NO-200. VOTE ON ARTICLE WITH AMENDMENT WAS YES-383,NO-261. MODERATOR DECLARED 2/3 NEEDED,ARTICLE FAILED. ARTICLE 9.WAS MOVED, SECONDED AND VOTE TAKEN. YES- 199,NO-351. ARTICLE DOES NOT CARRY. ARTICLE 10. MOVED BY PAUL DAUBITZ AND SECONDED WITH AN AMENDMENT BEING ADDED BY SCOTT ACKERLY TO TAKE AWAY PREVIOUS AUTHORITY GRANTED AT TOWN MEETING TO EXPEND MONEYS FOR SERVICES. WITH MANY MORE COMMENTS IT WAS PUT TO A VOTE TO ALLOW THE AMENDMENT. VOTE WAS YES- 110,NO-272. DOES NOT PASS. VOTE FOR ARTICLE YES-86,N-305. ARTICLE FAILS. ARTICLE 11. MOVED,SECONDED AND AN AMENDMENT MADE BY MICHAEL DOYLE TO DELETE WORD MODERATOR AND INSERT BOARD OF SELECTMEN IN SEC. 11-1,AND TWO PLACES IN SEC. 11-2. VOTE ON ARTICLE WITH AMENDMENT YES- 160,NO- 131. ARTICLE PASSES. ARTICLE 1. MOVED, SECONDED AND PASSED TO ACCEPT REPORT. ARTICLE 2. MOVED, SECONDED WITH HOLDS PUT ON LEGAL EXPENSE AND BOARD OF HEALTH EXPENSE. AFTER EXPLANATION BY TOWN COUNSEL JAMES LAGOULIS AND ANGIE MACHIROS ARTICLE WAS THEN PASSED. ARTICLE 3. MOVED,SECONDED AND PASSED BY UNANIMOUS VOTE. ARTICLE 4..MOVED, SECONDED AND SOME QUESTION OF BREAKDOWN ON EQUIPMENT COSTS WITH EXPLANATION GIVEN BY DR.GARRY MURPHY, SUPERINTENDENT OF SCHOOLS. PASSED UNANIMOUSLY. ARTICLE 5. MOVED, SECONDED OPEN FOR QUESTIONS OR COMMENTS VOTED PASSED. ARTICLE 12. MOVED, SECONDED AND AMENDED TO READ$210,147.00. VOTED PASSED. ARTICLE 13. MOVED, SECONDED,PASSED. ARTICLE 14. MOVED, SECONDED,PASSED. ARTICLE 15. MOVED,SECONDED,PASSED. ARTICLE 16. MOVED, SECONDED AND REQUIRING A 2/3 VOTE,WAS PASSED UNANIMOUSLY. ARTICLE 17. MOVED,SECONDED AND PASSED. 42 ARTICLE 18. MOVED,SECONDED AND EXPLANATION FROM BOB WOOLF EXPLAINING THAT THE MONEY WAS FOR HIGHWAY REPAIR ARTICLE PASSED. ARTICLE 19. MOVED, SECONDED AND PASSED. ARTICLE 20. MOVED, SECONDED AND PASSED. ARTICLE 21. MOVED,SECONDED AND EXPLAINED THAT THE INCREASE WAS NEEDED DUE TO PARKING LOT FEES BEING MORE THAN FINE. ARTICLE PASSED. ARTICLE 22. MOVED, SECONDED AND PASSED. , ARTICLE 23. MOVED,SECONDED AND PASSED. ARTICLE 24. MOVED,SECONDED AND PASSED WITH AMENDMENT TO READ INSTEAD OF `BETWEEN THE CENTER LINE OF`OLD SCOTLAND ROAD"'TO BETWEEN THE SOUTHERLY BOUND OF `OLD SCOTLAND ROAD.' ARTICLE 25. MOVED,SECONDED AND MOTION MADE BY GAIL MESERVE TO INSERT AFTER A GIFT OF LAND,TO REMAIN OPEN SPACE LOCATED AT#4 AUSTIN LANE. VOTED PASSED WITH AMENDMENT. ARTICLE 26. MARTHA LEAHY OF THE PLANNING BOARD GAVE A SUMMARY ON THE ARTICLE FOR PERSONAL WIRELESS COMMUNICATIONS SERVICE FACILITIES. ARTICLE THEN MOVED BY MARTHA, SECONDED AND NEEDING A 2/3 VOTE WAS PASSED UNANIMOUSLY. ARTICLE 27. DAVID MOUNTAIN OF THE PLANNING BOARD GAVE A SUMMARY OF THE OPEN SPACE RESIDENTIAL DEVELOPMENT PLAN. A MOTION WAS MADE TO INCLUDE THE FOLLOWING AMENDMENT IN 4.12.13. SEC. 6.3-SPECIAL PERMIT PROCEDURES-PUBLIC HEARING. TO INCLUDE THE FOLLOWING WHICH IS TO BE INSERTED IN LINE 5 OF THE WARRANT ARTICLE BEGINNING WITH THE PHRASE... BOARD OF APPEALS,AS APPROPRIATE,TO INCLUDE THEREAFTER THE FOLLOWING; "AND PROVIDED THAT SAID APPLICANT AND/OR PETITIONER HAS FURNISHED WRITTEN NOTICE BY U.S.MAIL.CERTIFIED OR REGISTERED.NOT LESS THAN 21 DAYS PRIOR TO SAID PUBLIC HEARING TO ALL ADJOINING OWNERS-ABUTTERS AND FURNISHED EVIDENCE OF SUCH WRITTEN NOTICE TO THE SELECTMAN.PLANNING BOARD.OR , ZONING BOARD OF APPEALS.AS APPROPRIATE......ARTICLE PASSED UNANIMOUSLY. ARTICLE 28. MOVED, SECONDED AND PASSED. THE MEETING WAS ADJOURNED AT 12:14M. 741 VOTERS WERE CHECKED IN. RESPECTFULLY SUBMITTED, b 4mw-, K. DONNA R. STEFANILE TOWN CLERK 4� ANNUAL TOWN ELECTION MAY 8,2001 RESULTS 2266 VOTED PCT 1 PCT 2 TOTAL SELECTMAN(3 YR) *ANGIE MACHIROS 606 364 970 MICHAEL G.DOYLE 817 462 1,279 ASSESSOR(3 YR) *WORTHEN H.TAYLOR JR. 1,080 608 1,688 CONSTABLE(4 YR) *CHARLES D.BEAR 1,017 655 1,672 CONSTABLE(3 YR) PAUL DAUBITZ 842 492 1,334 FISH COMMISSIONER(3 YR) *H.VERNE NOYES III. 1,189 620 1,809 TREE WARDEN(1 YR) *RONALD O.PEARSON 436 425 861 PETER W.HOLLIS 841 365 1,206 LIBRARY TRUSTEE(3 YR) *CHERYL A.MCCARTHY 1,028 600 1,628 PLANNING BOARD(5 YR) KATHLEEN M.PEARSON 458 364 822 GEOFFREY H. WALKER 806 371 1,177 TRITON REGIONAL SCHOOL COMMITTEE(3YR) *JOAN M.WEYBURN 1,041 602 1,643 *MARTHA R.MERRILL-ROWLEY 740 455 1,195 *ALANA L. CONTI-SALISBURY 737 452 1,189 01 TOWN OF NEWBURY SPECIAL TOWN MEETING JUNE 26,2001 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 26TH DAY OF JUNE 2001 AT 7:30 P.M.TO ACT ON THE FOLLOWING ARTICLES,VIZ; ARTICLE 1. TO SEE IF THE TOWN WILL VOTE TO GRANT TO THE CITY OF NEWBURYPORT,IN PERPETUITY,THE RIGHT TO ACQUIRE LAND BY PURCHASE OR BY EMINENT DOMAIN IN THE OLD TOWNE SECTION OF THE TOWN OF NEWBURY FOR WATER SUPPLY PURPOSES. BY PETITION OF MITCHELL PEASE AND OVER 100 OTHERS. ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO DESIGNATE THE PROPERTY LOCATED AT 51 SUNSET BOULEVARD GIFTED TO THE TOWN BY THE WILL OF THE LATE FATHER JOHN SEARS FOR RECREATIONAL PURPOSES BY DEED DATED DECEMBER 20, 1996 AS THE"FATHER SEARS MEMORIAL PARK,"TO AUTHORIZE THE TOWN TO EXPEND ANY FUNDS APPROPRIATED OR RECEIVED BY GIFT FOR THE IMPROVEMENT AND MAINTENANCE OF SAID PARK AND TO AUTHORIZE THE BOARD OF SELECTMAN TO CREATE A COMMITTEE OF CITIZENS RESIDING ON PLUM ISLAND WHICH SHALL BE AUTHORIZED TO CREATE AND IMPLEMENT PLANS FOR SUCH PURPOSES OR TAKE ANY ACTION RELATIVE THERETO. BY PETITION OF JON BURSAW AND OVER 200 OTHERS. ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE OR TRANSFER FROM AVAILABLE FUNDS THE SUM OF$37,000,FOR THE PURPOSE OF OPENING THE LIBRARY FOR ADDITIONAL HOURS. ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS BY ADDING SECTION 4.11 TO READ AS FOLLOWS: , SECTION 4.11: PLUM ISLAND OVERLAY DISTRICT(PIOD) 4.11.1 Purpose. The purpose of the Plum Island Overlay District (PIOD) is to: reduce damage to public and private property resulting from flood waters; ensure public safety by reducing threats to life and personal injury; eliminate costs associated with the response and cleanup of flooding conditions; avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact areas of the community beyond the site of flooding; prevent the occurrence of public emergencies resulting from water quality contamination and pollution due to flooding; eliminate new hazards to emergency response officials; and, limit the expansion of nonconforming single and two family structures so as to prevent the exacerbation of existing problems with density and intensity of use. 4.11.2 Establishment. The PIOD is described on a map entitled 'Plum Island Overlay District, Town of Newbury," dated December 20, 2000, with district boundary lines prepared by the Merrimack Valley Planning Commission. All maps are hereby made a part of this Zoning By-Law and are on file in the office of the Town Clerk. 45' 4.11.3 Overlay District. The PIOD is hereby established as an overlay district. Within the PIOD, the provisions of the underlying district(s) shall remain in full force and effect, except to the extent that the provisions of the PIOD are more stringent. In such cases, the provisions of PIOD shall supersede the provisions of the underlying district(s). 4.11.4 Permitted Uses. Within the PIOD, the following uses are permitted as of right: 1. Municipal uses owned or operated by the Town of Newbury; 2. Single family dwellings, subject to the dimensional requirements set forth in the Table below: Maximum Building Height 35 feet Maximum Number of Stories 2 Maximum Floor Area Ratio .25 Maximum Lot Coverage by Buildings 20 percent 4.11.5 Prohibited Uses. Any use not set forth in Section 4.11.4 is prohibited in the PIOD. 4.11.6 Nonconforming Uses and Structures, Excluding Single and Two-Family Structures. The provisions of the PIOD shall not apply to pre-existing nonconforming structures or uses lawfully in existence as of [date of enactment]. Nonconforming uses and structures within the PIOD shall not be enlarged or extended; provided, however, that the following types of changes or alterations to nonconforming uses or structures may be authorized upon a finding by the Board of Appeals in the PIOD: 1. change of a pre-existing nonconforming use; 2. change of a pre-existing nonconforming use to another, less detrimental, nonconforming use; 3. reconstruction or structural change to a nonconforming structure; 4. alteration of a nonconforming structure to provide for a substantially different purpose or for the same purpose in a substantially different manner. 4.11.7 Nonconforming Single and Two Family Residential Structures. 1. General. No preexisting nonconforming single or two-family residential structure within the PIOD shall be altered, reconstructed, extended, or structurally changed except as set forth in this Section 4.11.7. 2. Additional Bedroom. One (1) additional bedroom may be created in a lawfully preexisting nonconforming single or two-family structure with one or two bedrooms, subject to the applicable regulations set forth in subsections 3 and 4. 3. As of Right Changes. The alteration, reconstruction, or extension of, or change to such structures may be authorized upon the issuance of a building permit where the Building Commissioner determines that such alteration, reconstruction, extension, or change shall a. not increase the footprint of the existing structure; and b. not exceed the height of the existing structure, or 35 feet, whichever is lower. MI 4. Special Permit. The alteration, reconstruction, extension of, or change to such structures to an extent other than that authorized by subsection 3, may be authorized upon a finding by the Board of Appeals that such alteration, reconstruction, extension, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood or the PIOD. The Board of Appeals shall not make a positive finding for any alteration, reconstruction, extension of, or change to such structures that would cause such structure to be within ten feet of the side lot line or would add bedrooms in excess of the provisions of 4.11.7.2. 5. Catastrophe or Demolition; Rebuilding As of Right. A nonconforming single or two-family residential structure may be demolished and rebuilt or rebuilt after destroyed or damaged by a catastrophe; provided, however, that , a. the rebuilt structure shall not exceed the total volume of all demolished or destroyed structures on the locus; and b. the rebuilt structure shall not exceed the height of the tallest demolished or destroyed structure on the locus;and C. The rebuilt structure shall not contain more than the total number of bedrooms in all demolished or destroyed structures on the locus; provided, however that one (1) additional bedroom may be created where the total number of bedrooms before the catastrophe or demolition was one or two. d. The rebuilt structure shall not be located within ten feet of the side lot line. e. such structure shall be rebuilt not more than two years after the demolition or catastrophe; such period may be extended for one year good cause shown upon a written request to the Building Commissioner. 6. Catastrophe or Demolition; Rebuilding after Finding. A nonconforming single or two-family residential structure may be demolished and rebuilt or rebuilt after destroyed or damaged by a catastrophe so as to exceed the total volume of all demolished or destroyed structures on the locus and/or exceed the height of the tallest demolished or destroyed structure on the locus upon a finding by the Board of Appeals. a. Such structure shall be rebuilt not more than two years after such finding; such period may be extended for one year for good cause shown upon a written request to the , Building Commissioner. b. Such finding shall be made only upon the determination that the proposed alteration to the nonconforming structure or use shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood or the PIOD. C. The rebuilt structure shall not contain more than the total number of bedrooms in all demolished or destroyed structures on the locus; provided, however that one (1) additional bedroom may be created where the total number of bedrooms before the catastrophe or demolition was one or two. 4.11.8 Frontage. No building permit for a single family residential structure within the PIOD shall be issued unless the lot to be built upon has frontage on a street. 4,11.9 Unconstructed Ways. No building permit shall be issued for a lot with frontage on an unconstructed way which does not qualify as a "street' until the Planning Board approves a plan, prepared by the applicant, demonstrating that the proposed way has sufficient width and suitable grades to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the building erected or to be erected thereon and the first course of pavement for such way has been installed in accordance with such plan, as certified in writing by the Director of the Department of Public Works. No certificate of occupancy shall be issued for such lot until the second and final course of pavement has been installed in accordance with such plan, as certified in writing by the Director of the Department of Public Works. 4.11.10 Use Variances. The Board of Appeals may grant use variances within the PIOD provided the Board of Appeals finds that the proposed use is not more detrimental than the current use. 4.11.11 Grandfathering. The provisions of Section 4.1.2.4 of the Zoning By-Law shall not apply in the PIOD. The construction of single residences in the PIOD shall be governed by G.L. c. 40A, s. 6, para. 4. 4.11.12 Definitions. The following terms shall have the meanings set forth below within the PIOD: "Bedroom" shall mean a bedroom as defined in 310 CMR 15.002 of the State Environmental Code. "Finding" shall mean a finding by the Board of Appeals, pursuant to G.L. c. 40A, s. 6, that the proposed alteration to a nonconforming structure or use shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood or the PIOD. "Floor area, gross" shall mean the total square feet of floor space within the outside dimensions of a building including each floor level, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features. "Floor area ratio (FAR)" shall be construed as a mathematical expression determined by dividing total floor area of a building by the area of the lot on which it is located. For example, a lot with 12,000 square feet in a district with a maximum FAR of .25 could contain 3,000 square feet of gross floor area (12,000 X .25 = 3,000). "Footprint" shall mean the total square feet within the outside dimensions of a building at the top of the foundation, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features. Reconstruction" shall mean the structural alteration of the existing building, but shall not include the demolition and rebuilding thereof. "Street" shall mean: 1. a public way or a way which the City Clerk certifies is physically constructed and maintained and used as a public way; or 2. a private way shown on a definitive subdivision plan endorsed subsequent to 1953 and built to the specifications set forth therein; or 3. a way presently having in the opinion of the Planning Board sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed uses of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO: 1.)Accept the provisions of Massachusetts General Laws Chapter 80, Section 13B in order to enable elderly persons of low income to enter into agreements with the Town for the deferral and recovery of betterment assessments;and 2.)Raise the qualifying gross receipts amount for elderly persons of low income entitled to a real estate tax exemption under Massachusetts General Laws Chapter 59, Section 5, Clause Forty-first(A)from twenty thousand dollars to forty thousand dollars. ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY BY-LAWS BY ADDING THE FOLLOWING BYLAW: TOWN OF NEWBURY WETLANDS BYLAW Table of Contents SEC. I. PURPOSE ' SEC. IL JURISDICTION SEC.III SPECIFIC PERFORMANCE STANDARDS SEC. IV. VARIANCE SEC. V. APPLICATIONS SEC.VI. HEARINGS A. Commencement B. Combination with State Law C. Notice D. Proof E. Continuances F. Investigations SEC.VII. ORDERS AND DECISIONS A. Orders and Decisions B. Security to Assure Performance C. Duration of Orders D. Modifications,Amendments, Revocations SEC.VIII. CERTIFICATES OF COMPLIANCE ' SEC. IX. RESPONSIBILITY FOR COMPLIANCE SEC. X. RULES AND REGULATIONS SEC.XI. ENFORCEMENT,INVESTIGATIONS,VIOLATIONS SEC.XIL CONSULTANT SERVICES ACCOUNT SEC.XIII. CAPTIONS AND SEVERABILITY 4'9 SECTION-I. PURPOSE A. Purpose of the Massachusetts Wetlands Protection Act The State Wetlands Protect Act, G.L. c. 131, §40, is intended to further the following purposes: 1. protection of groundwater supply; 2. flood control; 3. storm damage prevention; 4. prevention of pollution; 5. protection of land containing shellfish; 6. protection of fisheries; and 7. protection of wildlife habitat. B. Special Purpose of this Wetlands Bylaw/Ordinance This Bylaw is intended to further the interests set forth above and to provide enhanced protection to the Plum Island Barrier Beach for the following purposes. 1. To minimize environmental damage, loss of life, and destruction of property inevitably resulting from storms flooding and erosion; 2. To minimize public health threats resulting from storm damage; 3. To prevent loss or diminution of the beneficial functions of storm and flood damage prevention or reduction and pollution prevention provided by wetlands, beaches, dunes, barrier beaches, and coastal banks; 4. To maintain vegetative buffers to wetlands and waterbodies so as to reduce and/or eliminate runoff and other nonpoint discharges of pollutants to protect public health and preserve environmental resources; and 5. To maintain vegetative cover so that the integrity and stability of coastal dunes and banks are maintained and so that the coastal dunes and banks can fulfill their functions and promote the interests identified in Section IA. SECTION II. JURISDICTION Except as permitted in writing by the Commission or as provided in this Bylaw, no person shall engage in the following activities ("activities"): removal, filling, dredging, discharging into, building upon,or otherwise altering or degrading any barrier beach, as defined in 310 CMR 10.00 et seq., as the same may be amended. This Bylaw is intended to utilize the Town's Home Rule authority to provide additional protection to the barrier beach to further the purposes identified �o in Section IB above and to provide additional performance standards that are more specific and more stringent than those set forth in the State Wetlands Protection Act, G.L. c. 131, §40 and the accompanying regulations, 310 CMR 10.00 et seq. Written application shall be filed with the Commission to perform activities , on the portion of the barrier beach located within the Town of Newbury and no activities affecting the portion of the Plum Island Barrier Beach located within the Town of Newbury shall commence without the applying for, obtaining and complying with an Order of Conditions or Determination of Applicability in accordance with the performance standards set forth in this Bylaw. Except as expressly permitted pursuant to a Variance granted in accordance with Section IV, the Commission shall issue Orders of Conditions or Determinations of Applicability in accordance with the performance standards set forth in this Bylaw. SECTION III. SPECIFIC PERFORMANCE STANDARDS FOR THE BARRIER BEACH III-A. No development or redevelopment shall be permitted within a FEMA V-Zone or AO-Zone or their equivalent. Notwithstanding the foregoing, structures damaged or destroyed from fire, storm, or similar disaster may be redeveloped/repaired only in accordance with current local, state and federal regulatory standards when damage to or loss of the structure is equal to or greater than 50% of the market value of the building. When damage to or loss of the structure is less than 50% of the market value of the building, redevelopment/repairs may be allowed to return the structure to pre-damaged conditions. In all instances, reconstruction, renovation or repairs to damaged structures may be authorized as stated herein, provided that there is no increase in floor area. IH-B. All new buildings or substantial improvements to existing buildings shall be built on open pilings and comply with FEMA National Flood Insurance Regulations and State Building Code Regulations for elevation and flood proofing. All development and redevelopment shall comply with G.L. c. 131, sec. 40, 310 51 CMR 10.00 and Section 744 of the Massachusetts State Building Code Design Requirements for Floodplain and Coastal High Hazard Areas. III-C. For purposes of this Bylaw, the term "substantial improvement" shall mean an improvement that increases the market value of the building by an amount equal to or greater than 50% or an improvement that increases the square footage by an amount equal to or greater than 25%. III.D. All new buildings, replacements, substantial improvements or expanded footprints less than 25% in square footage shall have their first floor built at least two feet above base flood elevation or the highest existing ground elevation whichever is higher. III.E. Electrical, heating, ventilation, plumbing and air conditioning and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. III.F. Development or redevelopment on or within 200 feet landward of the top of a coastal bank or dune shall have no adverse impact on the height, stability or function of the bank or dune to fulfill the purposes set forth in Section IB. III.G. In areas where there are coastal banks or primary or frontal dunes, all new buildings and structures shall be set back from the beach dune interface at a distance equal to thirty times the average historical erosion rate as shown by the most current CZM shoreline change map. III.H. No activity shall increase the elevation or velocity of flows in a floodplain. III-I. Within the FEMA V Zone, A Zone, or AO Zone or their equivalent, new or reconstructed structures or development on the barrier beach that alters vegetation, interrupts sediment supply and/or changes the form or volume of a dune or beach must comply with the specific performance standards in this Bylaw and in the regulations promulgated pursuant hereto. SECTION IV. VARIANCE IV-A The Conservation Commission may grant a variance from these special requirements when it finds after opportunity for public hearing that: 1. there are no reasonable conditions or alternatives that would allow the project to proceed in compliance with this Bylaw; and 2. mitigating measures are proposed that will allow the project to be conditioned so as to contribute to the protection of the wetland resource areas located on the barrier beach; and 3. the variance is necessary to accommodate an overriding community public interest or to avoid a decision that so restricts the use of the property as to constitute an unconstitutional taking without compensation. IV-B A request for a variance shall be made in writing and shall include, at a minimum the following information: 1. a description of alternatives explored that would allow the project to proceed in compliance with this Bylaw and an explanation of why each is unreasonable; and 52 2. a description of the mitigating measures to be used to contribute to the protection of the wetland resources located on the barrier beach; 3. evidence that an overriding public interest is associated with the project which justifies waiver of these requirements or evidence that the decision on this permit application so restricts the use of the land that it constitutes an unconstitutional taking without compensation. SECTION V APPLICATIONS All applications to perform activities in the Town's resource areas shall be either in , the form of a Request for Determination, a Notice of Intent, or an Abbreviated Notice of Resource Area Delineation. The Commission in an appropriate case may accept as the application and plans under this Bylaw the application and plans (i.e., Notice of Intent, Request for Determination of Applicability) under the Wetlands Protection Act, G.L. c. 131, § 40. Such applications shall contain data and plans as specified in the Commission's regulations, and shall be submitted in complete written form to the Commission. The Commission or its designee shall be authorized to make determinations of completeness for applications submitted to the Commission and reject those applications that do not meet the minimum submittal requirements of this Bylaw. In order to provide sufficient review time, the Commission may continue a public hearing or public meeting if new information is submitted by the applicant, or applicant's agent, less than seven (7) business days before the scheduled public hearing or public meeting. The applicable forms must be signed by the applicant or applicant's agent where required. The Commission may require further information by regulation, guideline, or as otherwise deemed necessary for review of the proposed Application by the Commission. In order to comply with the provisions of this Bylaw, each application must be complete as filed, and must comply with the rules set forth herein and Commission's regulations. SECTION VI HEARINGS VI-A. Commencement: The Commission shall commence the public hearing or meeting within 21 days from receipt of a completed application unless the applicant authorizes an extension in writing. VI-B. Combination with State Law Hearing: The Commission, in its discretion, may hear any oral presentation under this Bylaw at the same public hearing or public meeting required to be held under 55 the provisions of the Wetlands Protection Act, G.L. c. 131, § 40. Notice of the time and place of such hearing(s) shall be given as required below. VI-C. Notice: For a public hearing, written notice of the time and place of the hearing shall be given at the applicant's expense, not less than seven (7) calendar days prior to the public hearing, by publication in a newspaper of general circulation in Newburyport, and by hand delivering or mailing, by certified mail return receipt requested, at the mailing addresses shown on the most recent applicable tax list of the assessors, a copy of such notice to all abutters within one hundred feet of the property line of the land on which the work is proposed, including, but not limited to, owners of land directly opposite said proposed work on any public or private street or way, and in another municipality or across a body of water. Proof of such notification, with a copy of the notice mailed or delivered, shall be filed with the Commission. All publications and notices shall contain the name of the applicant, a description of the area where the activity is proposed by street-address, if any, or other adequate identification of the location of the area or premises which is the subject of the notice, the date, time and place of the public hearing, the subject matter of the hearing, and the nature of the action or relief requested, if any. Public notice requirements for continued public hearings under this Ordinance shall be the same as the notification requirements set forth in 310 CMR 10.05(5)(b)3. VI-D. Proof: The applicant shall have the burden of proving by a preponderance of credible evidence that the activity proposed in the Request for Determination of Applicability or the Notice of Intent will not have a significant or cumulatively detrimental effect upon the interests and values protected by this Bylaw. Failure to provide to the Commission adequate evidence for it to determine that the proposed activity will not cause such impacts shall be sufficient cause for the Commission to deny permission or to grant permission with such conditions as it deems reasonable, necessary, or desirable to carry out the purposes of this Bylaw; or to postpone or continue the hearing or public meeting to another date certain to enable the applicant and others to present additional evidence, upon such terms and conditions as deemed by the Commission to be reasonable. Due consideration shall be given to possible effects of the proposal on all interests and values protected under this Bylaw. 01 VI-E. Continuances: The Commission may continue a public hearing or public meeting in the following situations: 1. With the consent of the applicant, to an agreed-upon date, which shall be announced at the hearing; or 2. Without the consent of the applicant, to a specific date within 21days for the reasons stated at the hearing, including but not limited to receipt of additional information from the applicant or others. VI-F. Investigations: The Commission, its agents, officers, and employees, may enter upon privately owned land for the purpose of carrying out its duties under this Bylaw and may make or cause to be made such examination or survey as deemed necessary, subject to the Constitutions of both the United States and the Commonwealth. SECTION VII. ORDERS AND DECISIONS VII-A. Orders and Decisions: If the Commission determines that the proposed activity does not require the imposition of conditions to preserve and protect the interests of this Bylaw, the applicant shall be so notified in writing. If, after the hearing, the Commission determines that the proposed activity is significant to one or more interests and values of this Bylaw, the Commission shall vote to issue written Orders of Conditions within 21 days of the close of the public hearing. The Order of Conditions may describe such conditions, safeguards, and limitations on time and use upon such activity in the event that , the Commission finds that necessary to protect those interests and values. The Commission may require the Applicant to hire an appropriate technical expert to monitor the project to ensure compliance with the Order of Conditions. The Commission may choose to issue an Order of Conditions denying a project if it finds that the interests and values of this Bylaw cannot be preserved and protected by the imposition of such conditions, safeguards, or limitations. The Commission shall state the reasons for such denial in the Order of Conditions. 1 55 VII-B. Security to Assure Performance: The Commission may, as a part of its Order of Conditions, require that, in addition to any security required by any other Town or State Board, Commission, agency, or officer, the performance and observance of the conditions, safeguards, and limitations imposed under this Bylaw on the applicant and owner be secured by one, or both, of the following methods: 1. Deposit: By the deposit of money, sufficient to complete the work as proposed, to secure performance of the conditions and observance of the safeguards of such Order of Conditions. Such security, if filed or deposited, shall be approved as to form and manner of execution by Town Counsel or the Town Treasurer. 2. Land Restrictions(s): By an executed and properly recorded (or registered, in the case of registered land) conservation restriction, easement, or other covenant running with the land. This method shall be used only with the consent of the applicant. VII-C. Duration of Orders: All Orders of Conditions shall expire three (3) years after the date of issuance. An Order of Conditions may be extended for one (1) year upon the request of the applicant. The request for an extension of an Order of Conditions shall be made to the Commission at least 30 days prior to expiration of the Order of Conditions. The Commission may grant only two (2) extensions for an individual Order of Conditions. No activity governed by an Order of Conditions shall be performed unless and until all permits, approvals, and variances required by the Bylaws of the Town shall have been obtained, such Order of Conditions or notification shall have been recorded or registered at the Essex North District Registry of Deeds or in the North Essex District of the Land Court Department, and all applicable appeal periods have expired. The Commission shall have the right to record or register its Order of Conditions with said Registry or Registry District. In the event that an Order of Conditions issued pursuant to this Bylaw is identical to a final Order of Conditions issued pursuant to the provisions of the Act, only one such order need be recorded or registered. 56 VII-D. Modifications,Amendments,Revocations: The Commission shall have the power (on its own motion or upon the petition of the applicant, or any person interested) to modify, amend, or revoke an Order of Conditions. In revoking an Order of Conditions, the Commission shall officially notify the interested parties through certified mail and hold a public hearing within 21 days of the notification date. A modification is a minor or insignificant change that will not result in an adverse impact to wetland resource areas and/or interests protected by this Bylaw. An , amendment is a change of significant magnitude that will require the imposition of additional conditions to ensure adequate protection of wetland resource areas and/or interests protected by this Bylaw. In the case of an amendment to an Order of Conditions, the Commission shall have the discretion to decide if a public hearing is warranted. This decision shall be based on the potential impact of the proposed work and its effect on the ability of the identified wetland resource areas to provide those interests as defined under the Act and Bylaw. If the Commission determines that a public hearing is warranted, the Applicant shall comply with the publication and abutter notification requirements as required for new filings. No public hearing is required for a modification to an Order of Conditions. Written notification to the applicant by certified mail is required in all cases where the Commission initiates a modification, amendment, or revocation of an Order of Conditions. The Applicant shall record modified and amended Orders of Conditions prior to the commencement of authorized work under the Order. SECTION VIII. CERTIFICATES OF COMPLIANCE The Commission or its designee shall, upon receiving a written request, inspect the resource areas where the activity governed by an Order of Conditions was carried ' out and issue a Certificate of Compliance (or Partial Certificate of Compliance) to the owner of the property, applicant, or applicant's representative, in a form suitable for recording or registering, if it shall determine that all of the activity(ies), or portions thereof, limited thereby have been completed in accord with said Order. If the Order contains conditions that continue past the completion of the work, such as maintenance or monitoring, the Certificate of Compliance shall specify which of the conditions shall continue. The Applicant shall record Certificates of Compliance. 1 57 If the Commission determines that the work was not performed in compliance with the Order, it may refuse to issue a Certificate of Compliance. The written refusal shall be issued within 21 days of the receipt of a request for a Certificate of Compliance and shall specify the reasons for denial. The Certificate of Compliance shall be recorded or registered at the Essex North District Registry of Deeds or in the North Essex District of the Land Court Department. Certification of recording shall be sent to the Commission. SECTION IX. RESPONSIBILITY FOR COMPLIANCE After the recording of a Notice of Violation or Order, any person who purchases, inherits, or otherwise acquires real estate upon which work has been done in violation of the provisions of this Bylaw or in violation of any Order issued under the Bylaw shall forthwith comply with any such Order or restore such land to its condition prior to any such violation; provided, however, that no action, civil or criminal, shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of the death by which such real estate was acquired by such person. SECTION X. RULES AND REGULATIONS The Commission shall be empowered to establish Rules and Regulations to govern its affairs, including but not limited to fees, definitions, use of consultants, security to assure performance, performance standards for work proposed on a barrier beach, and such other information the Commission deems necessary to discharge its responsibilities. After due notice and public hearing, the Commission may promulgate such rules and regulations to effectuate the purposes of this Bylaw, by a majority vote of the duly appointed members. Failure by the Commission to promulgate such rules and regulations, or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this Bylaw. SECTION XI. ENFORCEMENT, INVESTIGATIONS, VIOLATIONS In accord with the provisions of G.L. c. 40, §§ 21D and 31 as well as every other authority and power that may have been or may hereafter be conferred upon it, the Town may enforce the provisions of this Bylaw, restrain violations thereof, and seek injunctions and judgments to secure compliance with its Orders of Conditions. Without limiting the generality of the foregoing: XI-A. Any person who violates any provision of this Bylaw or of any condition or a permit issued pursuant to it may be ordered to restore the property to its original condition and take other action deemed necessary to remedy such violations, or may be fined, or both. Any person may be fined or issued a stop work order or an order to restore for an unauthorized alteration of an area subject to protection under the Bylaw or for failing to restore ' illegally altered land to its original condition or failing to comply with an order issued pursuant to the Bylaw. Fines may be levied pursuant to G.L. c. 40, § 21. Each day or portion thereof during which a violation continues shall constitute a separate offense; if more than one, each condition violated shall constitute a separate offense. This Bylaw may be enforced pursuant to G.L. c. 40, § 21D, by a Town police officer, other persons having police powers, Conservation Commissioners, or the Conservation Administrator. The penalties for violations of this Bylaw or regulations promulgated hereunder may be assessed as follows: Violation Penaltv/Violation/Dav Alteration of any wetland resource area up to $ 300 Violation of any Order of Conditions: up to $ 300 XI-B. In the event of a violation of this Bylaw or of any order issued thereunder, the Commission or its agents may issue a stop work order to the owner, the applicant, or the applicant's agent by certified mail, return receipt requested, or by posting the same in a conspicuous location on said site. Any , person who shall violate the provisions of a stop work order shall be deemed in violation of the Bylaw; but the failure of the Commission to issue a stop work order for any reason shall not prevent the Town from pursuing any other legal remedy at law or in equity to restrain violations of this Bylaw or promulgated regulations and to secure compliance with its Orders. XI-C. The Town shall be the beneficiary of all fines imposed on account of the violation of this Bylaw or promulgated regulations in order to defray the expense of enforcing the same. XI-D. Upon request of the Commission, the Board of Selectmen and Town Counsel shall take such legal action as may be necessary to enforce this Bylaw or promulgated regulations and permits issued pursuant to it. 59 XI-E. Upon recommendation of the Commission, the Selectmen may employ Special Counsel to assist the Commission in carrying out the legal aspects, duties, and requirements of this Ordinance and promulgated regulations. SECTION XII. CONSULTANT SERVICES Upon receipt of an application for a Notice of Intent, Request for Determination of Applicability, Abbreviated Notice of Resource Area Delineation or at any time proceeding the Commission's issuance of a Certificate of Compliance, the Commission is authorized to require an applicant to pay a fee for the reasonable costs and expenses borne by the Commission for specific expert engineering and other consultant services deemed necessary by the Commission to come to a final decision on the application. This fee is called the "consultant fee." Consultant services may include, but are not limited to, performing or verifying the accuracy of resource area survey and delineation; analyzing resource area functions and values, including wildlife habitat evaluations, hydrogeologic and drainage analyses and monitoring; and researching environmental or land use law. The Commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision. If a revolving fund for consultant fees is authorized, the applicant's fee shall be put into such revolving fund and the Commission may draw upon that fund for specific consultant services approved by the Commission. The exercise of discretion by the Commission in making its determination to require the payment of a consultant fee shall be based upon its reasonable finding that additional information acquirable only through outside consultants would be necessary for the making of an objective decision. The Commission shall waive the consultant fee for a permit application filed by the Town. SECTION XIII. CAPTIONS AND SEVERABILITY The captions used herein are for convenience only and are expressly intended to have no legal or binding significance. The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof, nor shall it invalidate any Order of Conditions or decisions that have previously become final. 01 ARTICLE 7. TO SEE IF THE TOWN WILL VOTE TO REPLACE SECTION 8.0,OF THE NEWBURY ZONING BY-LAWS, "PERSONAL WIRELESS SERVICE FACILITIES,"WITH "WIRELESS COMMUNICATIONS SERVICES,"TO READ AS FOLLOWS: 8.0 WIRELESS COMMUNICATIONS SERVICES 8.1 Purpose. 8.1.1 For the purposes of this Zoning Bylaw "wireless communications services" shall mean the provision of the following types of services: cellular telephone service,personal , communications service, enhanced specialized mobile radio service, and radio transmission. It is anticipated that such services will be provided via wireless communications facilities that may include a tower, one or more antennas and one or more accessory structures. The purpose of this Zoning Bylaw is to establish a district in which wireless communications services may be provided while preserving and protecting the public health, safety and general welfare. Specifically,the Wireless Communications Services District has been created to: 8.1.2.Protect the general public from hazards associated with wireless communications facilities. 8.1.3. Minimize visual impacts from wireless communications facilities. 8.1.4. Protect the scenic,historic,natural and human-made resources of the Town. 8.1.5. Protect property values. 8.2 Location. 8.2.1. The Wireless Communications Services District shall be located within the boundaries of the Commercial Highway District and the Industrial District. 8.2.2. The Wireless Communications Services District shall be construed as an overlay district with regard to said location. All requirements of the underlying zoning ' district shall remain in full force and effect, except as may be specifically superseded herein. 8.3 Use restrictions. 8.3.1 A wireless communications facility may be erected in the Wireless Communications Services District upon the issuance of a special permit by the Zoning Board of Appeals pursuant to the Town of Newbury Zoning Bylaws and subject to site plan approval as set forth in this Zoning Bylaw, if the Zoning Board of Appeals determines that the adverse effects of the proposed facility will not outweigh its benefits to the Town in view of the particular characteristics of the site and of the proposal in relation to the site. Said determination shall include consideration of each of the following: 8.3.1.1. The communications needs served by the facility. 61 8.3.1.2. Traffic flow and safety, including parking and loading. 8.3.1.3. Adequacy of utilities and other public services. 8.3.1.4. Impacts on neighborhood character, including aesthetics. 8.3.1.5. Impacts on the natural environment, including visual impacts. 8.3.1.6. Potential fiscal impacts, including impacts on town services, tax base and employment. 8.3.1.7. Potential human health hazards due to radio signal radiation, to the extent not contrary to federal law. 8.3.2 In addition, such facility may be erected in said district, subject to the following conditions: 8.3.2.1. To the extent feasible, all service providers shall collocate their antennas on a single tower. Towers shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten-year period) technically practicable. 8.3.2.2. New towers shall be considered only upon a finding by the Zoning Board of Appeals that existing or approved towers cannot accommodate the antennas planned for the proposed tower. 8.3.2.3. Any new wireless communications facility tower shall be of the monopole type only; no lattice or guy-wire towers and no teleports shall be permitted, and the Zoning Board of Appeals may allow and/or limit the use and size of parabolic antennas and of repeaters. 8.3.2.4. The highest point of any antenna support structure or of any antenna or any component thereof or attachment thereto shall not exceed 10 feet above the lesser of the preexisting significant tree canopy elevation or the proposed postconstruction significant tree canopy elevation, as defined in 8.3.2.4.2 below. 8.3.2.4.1. If there is no significant tree canopy elevation, as defined in 8.3.2.4.2 below, the maximum height of any antenna support structure or any antenna or any component thereof or attachment thereto shall not exceed 65 feet above finished grade of ground elevation. 8.3.2.4.2. For the purpose of this Zoning Bylaw, "significant tree canopy elevation" shall be defined as the arithmetic average of the elevations of the tops of all trees at least 6 inches in diameter at four feet and over 20 feet tall in a stand of trees, all of which are located within a 150-foot radius of the base of the proposed antenna support structure,provided that at least 10 such trees are in said stand. Elevations shall be measured with respect to mean sea level datum. 8.3.2.5. No antenna, nor any support structure, nor any antenna or any component thereof or attachment thereto shall be located at a height in excess of 65 feet, unless there is such a significant tree canopy elevation, as defined in 8.3.2.4.2 above. Nq 8.3.2.6. Finished grades shall not be distorted above the preexisting natural grades as a way to achieve additional height. 8.3.2.7. A wireless communications facility shall not be erected nearer to any property line than a distance equal to the vertical height of the wireless communications facility, measured at the mean finished grade of the tower base. 8.3.2.8. To the extent feasible, all network interconnections from the wireless communications facility made via land lines shall be via underground lines. 8.3.2.9. Existing on-site vegetation shall be preserved to the maximum extent practicable. 8.3.2.10. The wireless communications facility shall minimize, to the extent feasible, adverse visual effects on the environment. The Zoning Board of Appeals may impose reasonable conditions to ensure this result, including painting and lighting standards. 8.3.2.11. Traffic associated with the wireless communications facility shall not adversely affect abutting ways. 8.3.2.12. The applicant shall obtain written, legally valid and binding authorization for the use of each facility site from the owner thereof; and,where applicable, from the utility companies whose facilities are used; and from the Board of Selectmen with respect to public ways and Town-owned facilities. 8.3.2.13 Any antenna for use as a wireless communications facility shall not be installed,nor mounted on, nor attached to a new monopole tower or existing structure in any location that is within 900 feet of a lot line defining a parcel on which exists a dwelling, a school, a day-care center, a nursing home or an assisted or independent living facility. 8.3.2.14. The area around a tower, communication equipment shelters and related equipment shall be completely fenced for security to a height of six feet, and gated; and a sign shall be posted on or adjacent to all entry gates indicating the facility owner and a twenty-four-hour emergency telephone number. 8.3.2.15. All radio frequency radiation from any wireless communications facility: 8.3.2.15.1. Shall comply with Federal Communications Commission(FCC) Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation. 8.3.2.15.2. Shall comply with standards of the Massachusetts Department of Public Health(MDPH),the National Council for Radiation Protection and the American National Standards Institute, insofar as such standards are more strict or limiting as to permissible human exposure than are the FCC Guidelines and may lawfully be applied. 8.3.2.15.3. Shall be controlled and limited as to frequency and power so as not to cause interference, by intermodulation or otherwise, with any Town facility or amateur facility. 65 8.3.2.16.Noise generated by any wireless communications facility, including auxiliary generators, shall not exceed 50 db at ground level at the property line at any public way on which it is located. 8.4 Submittal requirements. 8.4.1. As part of any application for a special permit, applicants shall submit, at a minimum, the information required for site plan approval as set forth herein. Applicants shall also describe the capacity of any tower, including the number and types of antennas, number and types of radios and of channels per radio that it can accommodate, and the basis for the calculation of capacity and shall describe any accessory structures. 8.4.2. In addition, applicants shall submit: 8.4.2.1. The name and address of the applicant and all agents of the applicant and of all legal and beneficial owners of the site or sites proposed for a wireless communication facility, copies of all instruments, options, contracts or encumbrances affecting ownership of the site or sites, together with the opinion of an attorney concerning the state of the title thereto, a copy of the applicant's FCC license, and an instrument executed by all persons or entities owning property at the site or sites agreeing that the applicant is authorized by them to make the application and agreeing to comply with provisions of this Zoning Bylaw. 8.4.2.2. A statement signed by the applicant, on oath and under penalties of perjury, that all information included in the submittal is materially accurate, true, complete and verifiable. Inaccurate, misleading or false information shall be grounds for disapproval of the application or revocation of approval. 8.4.2.3. Plans and other information identifying the site or sites proposed, including: 8.4.2.3.1. A map at an appropriate scale (to be determined by the Zoning Board of Appeals), showing lot lines of the subject property and of all properties within 2,000 feet of the perimeter of the facility and showing the footprint of all buildings on all such properties. 8.4.2.3.2. Specification on a copy of the Town Maps of the zoning district, including any overlay district, applicable to such properties. 8.4.2.3.3. The heights of all existing buildings and structures on such properties and the height of any proposed new structure on the subject property. 8.4.2.3.4. Average height of existing tree cover on such properties, specifying heights and principal species. 8.4.2.4. A map of the Town of Newbury, including all towns to a distance of five miles from Newbury boundaries, showing the locations of: 8.4.2.4.1. All existing wireless communications facilities. Iq 61 8.4.2.4.2. All proposed wireless communications facilities the applicant expects to install and reasonably knows will be installed by other providers within the next 24 months following the submittal of the application. 8.4.2.5. A map showing: 8.4.2.5.1. The location of tree cover within 500 feet of the proposed facility. 8.4.2.5.2. Dominant tree species for each area of tree cover within 500 feet. 8.4.2.5.3. Topography contour lines at two-foot intervals to a distance beyond the , proposed facility to be determined by the Zoning Board of Appeals,but not to exceed 1,000 feet,with reference contours to mean sea level datum. 8.4.2.6. True copies of all applications [to include any Massachusetts Notification of Nonionizing Radiation Source, and/or any Massachusetts Combined Request for Approval under 105 CMR 122.000 (et seq.) and Massachusetts Employer Notification under 453 CMR 5.000, (et seq.), and the like] and information submitted to the Massachusetts Department of Health(MDPH) Radiation Control Program, or any other subdivision of the MDPH, approval letter and any other notice from said Department or subdivisions and any revisions thereof; and true copies and any revisions thereof of all similar applications,notices, etc., submitted to the FCC. 8.4.2.7. A complete specification certified by a radio frequency engineer licensed by the Commonwealth of Massachusetts of 8.4.2.7.1. The energy outputs at ground level and at six feet and 16 feet above ground level, actual and potential, and the power densities at ground level and at six feet and 16 feet above ground level, actual and potential,produced at 200 feet, 500 feet and 1,000 feet and at the location where maximum power density is expected, for each antenna sector, from the operation of each and every proposed new wireless communications facility to be added. 8.4.2.7.2. The cumulative energy outputs at ground level and at six feet and 16 feet above ground level, actual and potential,produced from all wireless communications , facilities, and the cumulative power densities from the operation of all wireless communications facilities, actual and potential,produced at 200 feet, 500 feet and 1,000 feet and at the location where maximum power density is expected, for each antenna sector, from the operation of all wireless communications facilities, including any proposed new wireless communications facility. 8.4.2.7.3. With respect to such actual energy outputs and power densities,the data contained in such specification shall be from actual field measurements made within 30 days before the applicant submits the special permit/site plan review and approval application. 8.4.2.8. The beam widths at ground level for the energy outputs from each antenna sector and the degree of down-tilt of each antenna. 1 65 8.4.2.9. A complete description, including,but not limited to, data, drawings, catalogs, brochures, manufacturers' specifications,photographs and all other pertinent information relevant to the proposal describing antennas, equipment mounts and all other equipment and structures proposed for the site or related to the proposal; plus all of the information required by By-law. 8.4.2.10. Data as to noise, certified by an acoustical engineer, specifying in decibels Ldn(logarithmic scale)both existing or ambient noise at each proposed site and the maximum noise to occur, comprising the aggregate of that existing and that resulting from the proposed wireless communications facility. 8.4.2.11. An environmental assessment meeting the standards set forth in 8.3.2.16, and the environmental assessment requirements of the FCC, together with evidence that the same has been submitted to and approved by the FCC. 8.5 Review and action by the Zoning Board of Appeals. 8.5.1.The Zoning Board of Appeals shall review and act upon an application for a special permit and site plan review and approval for a wireless communications facility in accordance with applicable provisions of MGL c.40A, §§9 and 11;and in accordance with this Zoning Bylaw;and: 8.5.1.1. Shall make such investigation as it deems appropriate to determine whether the application meets the requirements of 8.3 and 8.4. 8.5.1.2. May engage a radio frequency engineer, an acoustic engineer and such other professional consultants as it deems necessary to assist and advise it in its investigation and determination, whose services will be paid for by the applicant. 8.5.1.3. Shall require of each applicant and each holder of a special permit and site plan approval hereunder reasonable deposit for and reimbursement of all fees for the employment of appropriate consultants. 8.5.1.4. Shall limit the duration of a special permit to three years. 8.5.1.5. Shall notify in writing the owners of properties within 900 feet of the proposed site of the facility of an application for a special permit. 8.6 Monitoring and inspections. 8.6.1. The applicant shall be required to float a balloon or use a crane test at the location of a proposed tower or antenna to show its height and visibility. Such test shall be conducted two weeks prior to the public hearing and shall be advertised at the applicant's expense in a newspaper of general circulation in Newbury at least one week prior to the test. Written notice of the test shall also be given to the owners of property within 900 feet of the proposed site. 8.6.2. Photo documentation after construction of the facility and just prior to becoming operational shall be required. 04 66 8.6.3. Prior to beginning operation of the wireless communications facility,background levels of electromagnetic frequency radiation shall be monitored for each antenna sector at ground level and at six feet and sixteen feet above ground level for points that are at 200 feet, 500 feet and 1,000 feet from the facility and at the locations where maximum power density is predicted, as listed in the application. 8.6.4. After operation of the facility has commenced,random monitoring of radio frequency and acoustic emissions shall be required. Electromagnetic frequency radiation shall be monitored for each antenna sector at ground level and at six feet and 16 feet , above ground level for points that are at 200 feet, 500 feet and 1,000 feet from the facility, at the locations where maximum power density was predicted, as listed in the application, and at the locations where maximum power density occurs. 8.6.5. Inspection of the structural integrity and safety of all towers and equipment attached thereto shall be required. Monopoles shall be inspected every five years. Structures mounted on or attached to existing towers shall be inspected every three years. Any modification of an existing facility that includes changes to tower dimensions or antenna numbers or type shall require a new structural inspection. 8.6.6 All required monitoring and inspections shall be performed by appropriate independent consultants selected by the Zoning Board of Appeals and paid for by the applicant/owner. Said consultants shall use monitoring and inspection protocols as outlined in applicable wireless communication facilities regulations or, in the absence of such regulations, as specified by the Zoning Board of Appeals. Reports of all monitoring and inspection results shall be prepared by the consultants and submitted to the Zoning Board of Appeals, to the Planning Board, to the Building Inspector and to the Board of Health. 8.7 Compliance and violations. 8.7.1. Every wireless communications facility for which a special permit is granted ' hereunder shall continue at all times to comply with the provisions thereof and of this Zoning Bylaw; and the holder of such special permit shall comply with requirements of the Zoning Board of Appeals in fulfillment of the provisions for monitoring herein. 8.7.2. Every wireless communications facility and every application for a special permit for such facility shall comply with all other applicable provisions of this Zoning Bylaw, including,without limitation, requirements with respect to: 8.7.2.1. The permit application. 8.7.2.2. Special permits 8.7.2.3. Signs and exterior lighting. 8.7.2.4. Site plan approval. 67 8.7.3. Wireless communications facilities shall comply with such standards applicable thereto as may from time to time be imposed by the Board of Health, to the extent that such standards are not contrary to federal or state laws. 8.7.4. The applicant shall be bound in the special permit and site plan approval processes and thereafter by the energy outputs and power densities at the locations as set forth in the special permit and site plan review and approval application and also with respect to the information contained in the application to the Radiation Control Program of the MDPH. 8.7.5. If a wireless communications facility is determined to be in violation of any of the provisions of the special permit and/or site plan approval or any other applicable law or regulation, the Zoning Board of Appeals shall cause to be served on the operator of the facility and on the owner of the land on or from which the violation is caused notice of such violation. 8.8 Modifications. 8.8.1. Any changes or modifications to an already approved wireless communications facility shall be made through the special permit/site plan review and approval process. All such changes or modifications shall include: 8.8.1.1. Any change of personal wireless services as defined in the Federal Communications Act of 1996, other than allowed under an existing special permit. 8.8.1.2. Any change of service that involves changing the physical appearance of the wireless communications facility. 8.8.1.3. Any change of tenant by collocation, regardless of the type of service. 8.8.1.4. Any change in equipment that,by nature of the change, increases the level of radio frequency emissions. 8.8.1.5 Any change in the physical appearance,physical characteristics or dimensions of the wireless communications facility. 8.8.1.6. Any change in or deviation from the existing special permit. 8.8.1.7 Written notice to owners of abutting properties within 900 feet of an application to modify an existing permit. 8.9 Liability insurance; removal and removal bond. 8.9.1. The special permit shall include a condition that any wireless communications services provider that operates a wireless communications facility in the Town of Newbury shall provide, for each such wireless communications facility, a certificate of insurance for bodily injury, in a form acceptable to the Zoning Board of Appeals, with coverage limits of not less than $5,000,000. For good cause, and after notice and a public 468 hearing, the Zoning Board of Appeals may, from time to time,require the owner to increase the limits of such coverage. 8.9.2. If a wireless communications facility is not substantially in commercial operation for a period of one year, it shall be removed, and the site shall be returned to its preexisting condition by the owner of the facility and/or by the owner of the site within 180 days of notice by the Town. As part of an application for any wireless communications facility, a plan shall be submitted detailing how the site will be returned to its preexisting conditions,including planting of replacement trees, grading and removal of all structures and waste and any other work that may be required by the ' Zoning Board of Appeals,with a bond to be held by the Town,the amount of which shall be determined by the Zoning Board of Appeals. If the facility is not removed within said 180 days, the Town shall be empowered to use said bond for the removal of said facility. 8.10 Exemption. 8.10.1. The following type of wireless communications towers are exempt from this Zoning Bylaw: amateur radio towers used in accordance with the terms of any amateur radio service license issued by the FCC,provided that the tower is not used or licensed for any commercial purpose. 8.10.2. Wireless communications facilities constructed by the Town of Newbury for municipal public safety communications purposes. ARTICLE 8. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS BY CHANGING SECTION 4.1.2.3 TO READ AS FOLLOWS: 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 or in the Parker River- Essex Bay Area of Critical Environmental Concern. 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. s9 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 12T"DAY OF JUNE 2001. SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST JOSEPH S . TEVALD ALAN I . ADAMS MICHAEL DOYLE 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: 6-12-2001 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: 6-12-2001 CONSTABLE: RICHARD N . CUNNINGHAM 70 TOWN OF NEWBURY SPECIAL TOWN MEETING RESULTS JUNE 26,2001 THE MEETING WAS CALLED TO ORDER AT 7:36 PM AT THE NEWBURY ELEMENTARY SCHOOL BY THE MODERATOR,RICHARD JOY WHO DECLARED A QUORUM PRESENT.THE CALL AND RETURN WERE READ BY THE MODERATOR. COUNTERS APPOINTED FOR THE MEETING WERE AS FOLLOWS; MICHAEL BULGARIS,DOUGLAS PACKER,ROBERT BROWN, JOHN MATTHEWS,KAREN BREEN,ROBERT WALTON,HOWARD TRAISTER,AND , JOHN SEAMANS. ARTICLE 1. WAS MOVED BY MITCHELL PEASE,SECONDED AFTER WHICH HE GAVE A BRIEF SUMMARY. THE ARTICLE WAS THEN PUT TO A VOTE WITH A COUNT OF YES-4, NO-454. ARTICLE DEFEATED. WHEN ASKED TO DIRECT THE BOARD OF SELECTMEN TO BE BOUND TO THE VOTE OF ARTICLE 1,IT WAS VOTED UNANIMOUS. ARTICLE 2. WAS MOVED BY JON BURSAW,SECONDED AND PASSED UNANIMOUSLY. ARTICLE 3. WAS MOVED,SECONDED WITH RECOMMENDATION FROM THE FINANCE COMMITTEE,AND PASSED UNANIMOUSLY. ARTICLE 4. MOVED BY DAVID MOUNTAIN OF THE PLANNING BOARD WHO PRESENTED A BRIEF REPORT. ARTICLE SECONDED. TWO AMENDMENTS WERE THEN PRESENTED TO BE ADDED TO THE ARTICLE. THEY WERE MOVED,SECONDED,VOTED ON AND PASSED. ALFRED THURLOW MOVED TO ADD ANOTHER AMENDMENT WHICH WAS VOTED ON BUT DID NOT PASS BY A VOICE VOTE. MAIN ARTICLE PUT TO A VOTE AT 9:26 P.M.WITH A COUNT OF YES-193,NO-112. NEEDING A 2/3RDS VOTE ARTICLE DOES NOT CARRY. ARTICLE 5. MOVED,SECONDED AND VOTED PASSED. ARTICLE 6. MOTION MADE BY DOUGLAS PACKER TO TABLE THIS ARTICLE. MOVED, SECONDED AND VOTED TO TABLE. ARTICLE 7. MOTION MADE BY MARTHA LEAHY,SECONDED AND PUT TO A VOTE. YES-112,NO-1. NEEDING A 2/3RDS VOTE ARTICLE PASSED. ARTICLE 8. MOVED BY DAVID MOUNTAIN,SECONDED AND PUT TO A VOTE. YES-97,NO-11. NEEDING A 2/3RDS VOTE ARTICLE PASSED. 542 VOTERS WERE CHECKED IN. THE MEETING WAS ADJOURNED AT 9:45 P.M. RESSPECTFULIXSSUBMITTED; A4nXaJ 7I. DONNA R. STEFANILE TOWN CLERK 71 • TOWN OF NEWBURY SPECIAL TOWN MEETING SEPTEMBER 25,2001 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 ST. IN SAID TOWN OF NEWBURY ON TUESDAY,THE 25T"DAY OF SEPTEMBER AT 7:30 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-LAWS BY ADDING SECTION 4.11 TO READ AS FOLLOWS: SECTION 4.11: PLUM ISLAND OVERLAY DISTRICT (PIOD) 4.11.1 Purpose. The purpose of the Plum Island Overlay District (PIOD) is to: reduce damage to public and private property resulting from flood waters; ensure public safety by reducing threats to life and personal injury; eliminate costs associated with the response and cleanup of flooding conditions; preserve open space; and, limit the expansion of nonconforming single and two family structures so as to prevent the exacerbation of existing problems with density and intensity of use. 4.11.2 Establishment. The PIOD is described on a map entitled "Plum Island Overlay District, Town of Newbury," dated December 20, 2000, with district boundary lines prepared by the Merrimack Valley Planning Commission. All maps are hereby made a part of this Zoning By-Law and are on file in the office of the Town Clerk. 4.11.3 Overlay District. The PIOD is hereby established as an overlay district. Within the PIOD, the provisions of the underlying district(s) shall remain in full force and effect, except to the extent that the provisions of the PIOD are more stringent. In such cases, the provisions of PIOD shall supersede the provisions.of the underlying district(s). 4.11.4 Definitions. The following terms shall have the meanings set forth below within the PIOD: "Bedroom" shall mean a bedroom as defined in 310 CMR 15.002 of the State Environmental Code. " Building height" shall mean the height of the building as measured from the mean level of the established grade at the building to the mean height of the roof. "Finding" shall mean a finding by the Board of Appeals, pursuant to G.L. c. 40A, s. 6, that the proposed alteration to a nonconforming structure or use shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood or the PIOD. 72 "Floor area, gross" shall mean the total square feet of floor space under a roof within the outside dimensions of a building including each floor level, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features. "Floor area ratio (FAR)" shall be construed as a mathematical expression determined by dividing total gross floor area of a building by the area of the lot on which it is located. For example, a lot with 12,000 square feet in a district with a maximum FAR of .25 could contain no more than 3,000 square feet of gross floor area (12,000 X .25 = 3,000). "Footprint" shall mean the total square feet within the outermost dimensions of a building , including decks porches and staircases without deduction for hallways, stairs, closets, thickness of walls, columns, or other features. "Lot coverage, maximum" shall be determined by dividing the sum of all building footprints by the area of the lot on which they are located. "Reconstruction" shall mean the structural alteration of the existing building, but shall not include the demolition and rebuilding thereof. "Street" shall mean: 1. a public way or a way which the Town Clerk certifies is physically constructed and maintained and used as a public way; or 2. a private way shown on a definitive subdivision plan endorsed subsequent to 1953 and built to the specifications set forth therein; or 3. a way presently having in the opinion of the Planning Board sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed uses of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. 4.11.5 Permitted Uses. Within the PIOD, the following uses are permitted as of right: 1. Municipal uses owned or operated by the Town of Newbury; , 2. Single family dwellings, subject to the dimensional requirements set forth in the Table below: Maximum Building Height 35 feet Maximum Number of Stories 2 Maximum Floor Area Ratio .25 Maximum Lot Coverage by Buildings 20 percent 4.11.6 Prohibited Uses. Any use not set forth in Section 4.11.5 is prohibited in the PIOD. 1i 4.11.7 Nonconforming Uses and Structures, Excluding Single and Two-Family Structures. The provisions of the PIOD shall not apply to pre-existing nonconforming structures or uses lawfully in existence as of [date of enactment]. Nonconforming uses and structures within the PIOD shall not be enlarged or extended; provided, however, that the following types of changes or alterations to nonconforming uses or structures may be authorized upon a finding by the Board of Appeals in the PIOD: 1. change of a pre-existing nonconforming use; 2. change of a pre-existing nonconforming use to another, less detrimental, nonconforming use; 3. reconstruction or structural change to a nonconforming structure; 4. alteration of a nonconforming structure to provide for a substantially different purpose or for the same purpose in a substantially different manner. 4.11.8 Nonconforming Single and Two Family Residential Structures. 1. General. No preexisting nonconforming single or two-family residential structure within the PIOD shall be altered, reconstructed, extended, or structurally changed except as set forth in this Section 4.11.8. 2. Additional Bedroom. One (1) additional bedroom may be created in a lawfully preexisting nonconforming single or two-family structure with one or two bedrooms, subject to the applicable regulations set forth in subsections 3 and 4. 3. As of Right Changes. The alteration, reconstruction, or extension of, or change to such structures may be authorized upon the issuance of a building permit where the Building Inspector determines that such alteration, reconstruction, extension, or change shall a. not increase the footprint of the existing structure; and b. not exceed the height of the existing structure, or 35 feet, whichever is lower. 4. Special Permit. The alteration, reconstruction, extension of, or change to such structures to an extent other than that authorized by subsection 3, may be authorized upon a finding by the Board of Appeals that such alteration, reconstruction, extension, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood or the PIOD. The Board of Appeals shall not make a positive finding for any alteration, reconstruction, extension of, or change to such structures that would cause such structure to be located less than ten feet from the side lot line or less than twenty feet from the street unless a nearer building line is already established by existing buildings or would add bedrooms in excess of the provisions of 4.11.8.2. 71 5. Catastrophe or Demolition, Rebuilding As of Right. A nonconforming single or two-family residential structure may be demolished and rebuilt or rebuilt after destroyed or damaged by a catastrophe; provided, however, that a. the rebuilt structure shall not exceed the total volume of all demolished or destroyed structures on the locus; and b. the rebuilt structure shall not exceed the height of the tallest demolished or destroyed structure on the locus; and C. the rebuilt structure shall not contain more than the total number of bedrooms in all demolished or destroyed structures on the locus; provided, , however that one (1) additional bedroom may be created where the total number of bedrooms before the catastrophe or demolition was one or two and a bedroom had not been added under section 4.11.8; and d. the rebuilt structure shall not be located less than ten feet from the side lot line or less than twenty feet from the street unless a nearer building line is already established by existing buildings; and e. such structure shall be rebuilt not more than two years after the demolition or catastrophe; such period may be extended for one year for good cause shown upon a written request to the Building Inspector; and f. any such rebuilding shall be subject to the provisions of Section III-A of the Newbury Wetlands By-Law; and g. structures within the FEMA V-Zone or AO-Zone are not eligible for such findings under the provisions of Section III-A of the Newbury Wetlands By- Law. 6. Catastrophe or Demolition, Rebuilding after Finding. A nonconforming single or two-family residential structure may be demolished and rebuilt or rebuilt after destroyed or damaged by a catastrophe so as to exceed the total volume of all demolished or destroyed structures on the locus and/or exceed the height of the tallest demolished or destroyed structure on the locus upon a finding by the Board of Appeals. a. Such structure shall be rebuilt not more than two years after such finding; such period may be extended for one year for good cause shown upon a written request to the Building Inspector. , b. Such finding shall be made only upon the determination that the proposed alteration to the nonconforming structure or use shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood or the PIOD. C. The rebuilt structure shall not contain more than the total number of bedrooms in all demolished or destroyed structures on the locus; provided, however that one (1) additional bedroom may be created where the total number of bedrooms before the catastrophe or demolition was one or two and a bedroom had not been added under section 4.11.8. 4.11.9 Frontage. No building permit for a single family residential structure within the PIOD shall be issued unless the lot to be built upon has frontage on a street. 5 4.11.10 Unconstructed Ways. No building permit shall be issued for a lot with frontage on an unconstructed way which does not qualify as a "street" until the Planning Board approves a plan, prepared by the applicant, demonstrating that the proposed way has sufficient width and suitable grades to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the building erected or to be erected thereon and the first course of pavement for such way has been installed in accordance with such plan, as certified in writing by the Planning Board. No certificate of occupancy shall be issued for such lot until the second and final course of pavement has been installed in accordance with such plan, as certified in writing by the Planning Board. 4.11.11 Use Variances. The Board of Appeals may grant use variances within the PIOD provided the Board of Appeals finds that the proposed use is not more detrimental than the current use. 4.11.12 Grandfathering. The provisions of Section 4.1.2.4 of the Zoning By-Law shall not apply in the PIOD. The construction of single residences in the PIOD shall be governed by G.L. c. 40A, s. 6, para. 4. 76 ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY BY-LAWS BY ADDING THE FOLLOWING BYLAW: TOWN OF NEWBURY WETLANDS BYLAW Table of Contents SEC.I. PURPOSE , SEC. II. JURISDICTION SEC.III SPECIFIC PERFORMANCE STANDARDS SEC.IV. VARIANCE SEC. V. APPLICATIONS SEC.VI. HEARINGS A. Commencement B. Combination with State Law C. Notice D. Proof E. Continuances F. Investigations SEC.VII. ORDERS AND DECISIONS A. Orders and Decisions B. Security to Assure Performance C. Duration of Orders D. Modifications,Amendments, Revocations SEC.VIII. CERTIFICATES OF COMPLIANCE SEC.IX. RESPONSIBILITY FOR COMPLIANCE SEC.X. RULES AND REGULATIONS SEC.XI. ENFORCEMENT,INVESTIGATIONS,VIOLATIONS SEC.XII. CONSULTANT SERVICES ACCOUNT SEC.XIII. CAPTIONS AND SEVERABILITY 77 SECTION-I. PURPOSE A. Purpose of the Massachusetts Wetlands Protection Act The State Wetlands Protect Act, G.L. c. 131, §40, is intended to further the following purposes: 1. protection of groundwater supply; 2. flood control; 3. storm damage prevention; 4. prevention of pollution; 5. protection of land containing shellfish; 6. protection of fisheries; and 7. protection of wildlife habitat. B. Special Purpose of this Wetlands Bylaw/Ordinance This Bylaw is intended to further the interests set forth above and to provide enhanced protection to the Plum Island Barrier Beach for the following purposes. 1. To minimize environmental damage, loss of life, and destruction of property inevitably resulting from storms flooding and erosion; 2. To minimize public health threats resulting from storm damage; 3. To prevent loss or diminution of the beneficial functions of storm and flood damage prevention or reduction and pollution prevention provided by wetlands, beaches, dunes, barrier beaches, and coastal banks; 4. To maintain vegetative buffers to wetlands and waterbodies so as to reduce and/or eliminate runoff and other nonpoint discharges of pollutants to protect public health and preserve environmental resources; and 5. To maintain vegetative cover so that the integrity and stability of coastal dunes and banks are maintained and so that the coastal dunes and banks can fulfill their functions and promote the interests identified in Section IA. SECTION II. JURISDICTION Except as permitted in writing by the Commission or as provided in this Bylaw, no person shall engage in the following activities ("activities"): removal, filling, dredging, discharging into, building upon,or otherwise altering or degrading any barrier beach, as defined in 310 CMR 10.00 et seq., as the same may be amended. 78 This Bylaw is intended to utilize the Town's Home Rule authority to provide additional protection to the barrier beach to further the purposes identified in Section IB above and to provide additional performance , standards that are more specific and more stringent than those set forth in the State Wetlands Protection Act, G.L. c. 131, §40 and the accompanying regulations, 310 CMR 10.00 et seq. Written application shall be filed with the Commission to perform activities on the portion of the barrier beach located within the Town of Newbury and no activities affecting the portion of the Plum Island Barrier Beach located within the Town of Newbury shall commence without the applying for, obtaining and complying with an Order of Conditions or Determination of Applicability in accordance with the performance standards set forth in this Bylaw. Except as expressly permitted pursuant to a Variance granted in accordance with Section IV, the Commission shall issue Orders of Conditions or Determinations of Applicability in accordance with the performance standards set forth in this Bylaw. SECTION III. SPECIFIC PERFORMANCE STANDARDS FOR THE BARRIER BEACH III-A. No development or redevelopment shall be permitted within a FEMA V- Zone or AO-Zone or their equivalent. Notwithstanding the foregoing, structures damaged or destroyed from fire, storm, or similar disaster may be redeveloped/repaired only in accordance with current local, state and federal regulatory standards when damage to or loss of the structure is equal to or greater than 50% of the market value of the building. When damage to or loss of the structure is less than 50% of the market value of the building, redevelopment/repairs may be allowed to return the structure to pre-damaged conditions. In all instances, reconstruction, renovation or repairs to damaged 79 structures may be authorized as stated herein, provided that there is no increase in floor area. III-B. All new buildings or substantial improvements to existing buildings shall be built on open pilings and comply with FEMA National Flood Insurance Regulations and State Building Code Regulations for elevation and flood proofing. All development and redevelopment shall comply with G.L. c. 131, sec. 40, 310 CMR 10.00 and Section 744 of the Massachusetts State Building Code Design Requirements for Floodplain and Coastal High Hazard Areas. III-C. For purposes of this Bylaw, the term "substantial improvement" shall mean an improvement that increases the market value of the building by an amount equal to or greater than 50% or an improvement that increases the square footage by an amount equal to or greater than 25%. III.D. All new buildings, replacements, substantial improvements or expanded footprints less than 25% in square footage shall have their first floor built at least two feet above base flood elevation or the highest existing ground elevation whichever is higher. III.E. Electrical, heating, ventilation, plumbing and air conditioning and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. III.F. Development or redevelopment on or within 200 feet landward of the top of a coastal bank or dune shall have no adverse impact on the height, stability or function of the bank or dune to fulfill the purposes set forth in Section IB. III.G. In areas where there are coastal banks or primary or frontal dunes, all new buildings and structures shall be set back from the beach dune interface at a distance equal to thirty times the average historical erosion rate as shown by the most current CZM shoreline change map. III.H. No activity shall increase the elevation or velocity of flows in a floodplain. III-I. Within the FEMA V Zone, A Zone, or AO Zone or their equivalent, new or reconstructed structures or development on the barrier beach that alters vegetation, interrupts sediment supply and/or changes the form or volume of a dune or beach must comply with the specific performance standards in this Bylaw and in the regulations promulgated pursuant hereto. SECTION IV. VARIANCE IV-A The Conservation Commission may grant a variance from these special requirements when it finds after opportunity for public hearing that: 1. there are no reasonable conditions or alternatives that would allow the project to proceed in compliance with this Bylaw; and 2. mitigating measures are proposed that will allow the project to be conditioned so as to contribute to the protection of the wetland resource areas located on the barrier beach; and �o 3. the variance is necessary to accommodate an overriding community public interest or to avoid a decision that so restricts the use of the property as to constitute an unconstitutional taking without compensation. IV-B A request for a variance shall be made in writing and shall include, at a minimum the following , information: 1. a description of alternatives explored that would allow the project to proceed in compliance with this Bylaw and an explanation of why each is unreasonable; and 2. a description of the mitigating measures to be used to contribute to the protection of the wetland resources located on the barrier beach; 3. evidence that an overriding public interest is associated with the project which justifies waiver of these requirements or evidence that the decision on this permit application so restricts the use of the land that it constitutes an unconstitutional taking without compensation. SECTION V APPLICATIONS All applications to perform activities in the Town's resource areas shall be either in the form of a Request for Determination, a Notice of Intent, or an Abbreviated Notice of Resource Area Delineation. The Commission in an appropriate case may accept as the application and plans under this Bylaw the application and plans i.e., Notice of Intent, Request for Determination of Applicability) under the Wetlands Protection Act, G.L. c. 131, § 40. Such applications shall contain data and plans as specified in the Commission's regulations, and shall be submitted in complete written form to the Commission. The Commission or its designee shall be authorized to make determinations of completeness for applications submitted to the Commission and reject those applications that do not meet the minimum submittal requirements of this Bylaw. In order to provide sufficient review time, the Commission may continue a public hearing or public meeting if new information is submitted by the applicant, or applicant's agent, less than seven (7) business days before the scheduled public hearing or public meeting. The applicable forms must be signed by the applicant or applicant's agent where may require required. The Commission further information b 9 Y q Y regulation, guideline, or as otherwise deemed necessary for review of the proposed Application by the Commission. In order to comply with the provisions of this Bylaw, each application must be complete as filed, and must comply with the rules set forth herein and Commission's regulations. SECTION VI HEARINGS VI-A. Commencement: The Commission shall commence the public hearing or meeting within 21 days from receipt of a completed application unless the applicant authorizes an extension in writing. VI-B. Combination with State Law Hearing: The Commission, in its discretion, may hear any oral presentation under this Bylaw at the same public hearing or public meeting required to be held under the provisions of the Wetlands Protection Act, G.L. c. 131, § 40. Notice of the time and place of such hearing(s) shall be given as required below. VI-C. Notice: For a public hearing, written notice of the time and place of the hearing shall be given at the applicant's expense, not less than seven (7) calendar days prior to the public hearing, by publication in a newspaper of general circulation in Newburyport, and by hand delivering or mailing, by certified mail return receipt requested, at the mailing addresses shown on the most recent applicable tax list of the assessors, a copy of such notice to all abutters within one hundred feet of the property line of the land on which the work is proposed, including, but not limited to, owners of land directly opposite said proposed work on any public or private street or way, and in another municipality or across a body of water. Proof of such notification, with a copy of the notice mailed or delivered, shall be filed with the Commission. All publications and notices shall contain the name of the applicant, a description of the area where the activity is proposed by street-address, if any, or other adequate identification of the location of the area or premises which is the subject of the notice, the date, time and place of the public hearing, the subject matter of the hearing, and the nature of the action or relief requested, if any. Public notice requirements for continued public hearings under this Ordinance shall be the same as the notification requirements set forth in 310 CMR 10.05(5)(b)3. VI-D. Proof: The applicant shall have the burden of proving by a preponderance of credible evidence that the activity proposed in the Request for Determination of Applicability or the Notice of Intent will not have a significant or cumulatively detrimental effect upon the interests and values protected by this Bylaw. Failure to provide to the Commission adequate evidence for it to determine that the proposed activity will not cause such impacts shall be sufficient cause for the Commission to deny permission or to grant permission with such conditions as it deems reasonable, necessary, or desirable to carry out the purposes of this Bylaw; or to postpone or continue the hearing or public meeting to another date certain to enable the applicant and others to present additional evidence, upon such terms and conditions as deemed by the Commission to be reasonable. , Due consideration shall be given to possible effects of the proposal on all interests and values protected under this Bylaw. VI-E. Continuances: The Commission may continue a public hearing or public meeting in the following situations: 1. With the consent of the applicant, to an agreed-upon date, which shall be announced at the hearing; or 2. Without the consent of the applicant, to a specific date within 21days for the reasons stated at the hearing, including but not limited to receipt of additional information from the applicant or others. VI-F. Investigations: The Commission, its agents, officers, and employees, may enter upon privately owned land for the purpose of carrying out its duties under this Bylaw and may make or cause to be made such examination or survey as deemed necessary, subject to the Constitutions of both the United States and the Commonwealth. SECTION VII. ORDERS AND DECISIONS VII-A. Orders and Decisions: If the Commission determines that the proposed activity does not require the imposition of conditions to preserve and protect the interests of this Bylaw, the applicant shall be so notified in writing. If, after the hearing, the Commission determines that the proposed activity is significant to one or more interests and values of this Bylaw, the Commission shall vote to issue written Orders of Conditions within 21 days of the close of the public hearing. The Order of Conditions may describe 85 such conditions, safeguards, and limitations on time and use upon such activity in the event that the Commission finds that necessary to protect those interests and values. The Commission may require the Applicant to hire an appropriate technical expert to monitor the project to ensure compliance with the Order of Conditions. The Commission may choose to issue an Order of Conditions denying a project if it finds that the interests and values of this Bylaw cannot be preserved and protected by the imposition of such conditions, safeguards, or limitations. The Commission shall state the reasons for such denial in the Order of Conditions. VII-B. Security to Assure Performance: The Commission may, as a part of its Order of Conditions, require that, in addition to any security required by any other Town or State Board, Commission, agency, or officer, the performance and observance of the conditions, safeguards, and limitations imposed under this Bylaw on the applicant and owner be secured by one, or both, of the following methods: 1. Deposit: By the deposit of money, sufficient to complete the work as proposed, to secure performance of the conditions and observance of the safeguards of such Order of Conditions. Such security, if filed or deposited, shall be approved as to form and manner of execution by Town Counsel or the Town Treasurer. 2. Land Restrictions(s): By an executed and properly recorded (or registered, in the case of registered land) conservation restriction, easement, or other covenant running with the land. This method shall be used only with the consent of the applicant. VII-C. Duration of Orders: All Orders of Conditions shall expire three (3) years after the date of issuance. An Order of Conditions may be extended for one (1) year upon the request of the applicant. The request for an extension of an Order of Conditions shall be made to the Commission at least 30 days prior to expiration of the Order of Conditions. The Commission may grant only two (2) extensions for an individual Order of Conditions. No activity governed by an Order of Conditions shall be performed unless and until all permits, approvals, and variances required by the Bylaws of the Town shall have been obtained, such Order of Conditions or notification shall have been recorded or registered at the Essex North District Registry of Deeds or in the North Essex District of the Land Court Department, and all applicable appeal periods have expired. The Commission shall have the right to record or register its Order of Conditions with said Registry or Registry District. In the event that an Order of Conditions issued pursuant to this Bylaw is identical to a final Order of Conditions issued pursuant to the provisions of the Act, only one such order need be recorded or registered. VII-D. Modifications,Amendments, Revocations: The Commission shall have the power (on its own motion or upon the petition of the applicant, or any person interested) to modify, amend, or revoke an Order of Conditions. In revoking an Order of Conditions, the Commission shall officially notify the interested parties through certified mail and hold a public hearing within 21 days of the notification date. A ' modification is a mirror or insignificant change that will not result in an adverse impact to wetland resource areas and/or interests protected by this Bylaw. An amendment is a change of significant magnitude that will require the imposition of additional conditions to ensure adequate protection of wetland resource areas and/or interests protected by this Bylaw. In the case of an amendment to an Order of Conditions, the Commission shall have the discretion to decide if a public hearing is warranted. This decision shall be based on the potential impact of the proposed work and its effect on the ability of the identified wetland resource areas to provide those interests as defined under the Act and Bylaw. If the Commission determines that a public hearing is warranted, the Applicant shall comply with the publication and abutter notification requirements as required for new filings. No public hearing is required for a modification to an Order of Conditions. Written notification to the applicant by certified mail is required in all cases where 85 the Commission initiates a modification, amendment, or revocation of an Order of Conditions. The Applicant shall record modified and amended Orders of Conditions prior to the commencement of authorized work under the Order. SECTION VIII. CERTIFICATES OF COMPLIANCE The Commission or its designee shall, upon receiving a written request, inspect the resource areas where the activity governed by an Order of Conditions was carried out and issue a Certificate of Compliance (or Partial Certificate of Compliance) to the owner of the property, applicant, or applicant's representative, in a form suitable for recording or registering, if it shall determine that all of the activity(ies), or portions thereof, limited thereby have been completed in accord with said Order. If the Order contains conditions that continue past the completion of the work, such as maintenance or monitoring, the Certificate of Compliance shall specify which of the conditions shall continue. The Applicant shall record Certificates of Compliance. If the Commission determines that the work was not performed in compliance with the Order, it may refuse to issue a Certificate of Compliance. The written refusal shall be issued within 21 days of the receipt of a request for a Certificate of Compliance and shall specify the reasons for denial. The Certificate of Compliance shall be recorded or registered at the Essex North District Registry of Deeds or in the North Essex District of the Land Court Department. Certification of recording shall be sent to the Commission. SECTION IX. RESPONSIBILITY FOR COMPLIANCE After the recording of a Notice of Violation or Order, any person who purchases, inherits, or otherwise acquires real estate upon which work has been done in violation of the provisions of this Bylaw or in violation of any Order issued under the Bylaw shall forthwith comply with any such Order or restore such land to its condition prior to any such violation; provided, however, that no action, civil or criminal, shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of the death by which such real estate was acquired by such person. 86 SECTION X. RULES AND REGULATIONS The Commission shall be empowered to establish Rules and Regulations to govern its affairs, including but not limited to fees, definitions, use of consultants, security to assure performance, performance standards for work proposed on a barrier beach, and such other information the Commission deems necessary to discharge its responsibilities. After due notice and public hearing, the Commission may promulgate such rules and regulations to effectuate the purposes of this Bylaw, by a majority vote of the duly appointed members. Failure by the Commission to promulgate such rules and regulations, or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this Bylaw. SECTION XI. ENFORCEMENT, INVESTIGATIONS,VIOLATIONS In accord with the provisions of G.L. c. 40, §§ 21D and 31 as well as every other authority and power that may have been or may hereafter be conferred upon it, the Town may enforce the provisions of this Bylaw, restrain violations thereof, and seek injunctions and judgments to secure compliance with its Orders of Conditions. Without limiting the generality of the foregoing: XI-A. Any person who violates any provision of this Bylaw or of any condition or a permit issued pursuant to it may be ordered to restore the property to its original condition and take other action deemed necessary to remedy such violations, or may be fined, or both. Any person may be fined or issued a stop work order or an order to restore for an unauthorized alteration of an area subject to protection under the Bylaw or for failing to restore illegally altered land to its original condition or failing to comply with an order issued pursuant to the Bylaw. Fines may be levied pursuant to G.L. c. 40, § 21. Each day or portion thereof during which a violation continues shall constitute a separate offense; if more than one, each condition violated shall constitute a , separate offense. This Bylaw may be enforced pursuant to G.L. c. 40, § 21D, by a Town police officer, other persons having police powers, Conservation Commissioners, or the Conservation Administrator. The penalties for violations of this Bylaw or regulations promulgated hereunder may be assessed as follows: Violation Penaltv/Violation/Dav Alteration of any wetland resource area up to $ 300 Violation of any Order of Conditions: up to $ 300 XI-B. In the event of a violation of this Bylaw or of any order issued thereunder, the Commission or its agents may issue a stop work order to the owner, the applicant, or the applicant's agent by certified mail, return receipt 87 requested, or by posting the same in a conspicuous location on said site. Any person who shall violate the provisions of a stop work order shall be deemed in violation of the Bylaw; but the failure of the Commission to issue a stop work order for any reason shall not prevent the Town from pursuing any other legal remedy at law or in equity to restrain violations of this Bylaw or promulgated regulations and to secure compliance with its Orders. XI-C. The Town shall be the beneficiary of all fines imposed on account of the violation of this Bylaw or promulgated regulations in order to defray the expense of enforcing the same. XI-D. Upon request of the Commission, the Board of Selectmen and Town Counsel shall take such legal action as may be necessary to enforce this Bylaw or promulgated regulations and permits issued pursuant to it. XI-E. Upon recommendation of the Commission, the Selectmen may employ Special Counsel to assist the Commission in carrying out the legal aspects, duties, and requirements of this Ordinance and promulgated regulations. SECTION XII. CONSULTANT SERVICES Upon receipt of an application for a Notice of Intent, Request for Determination of Applicability, Abbreviated Notice of Resource Area Delineation or at any time proceeding the Commission's issuance of a Certificate of Compliance, the Commission is authorized to require an applicant to pay a fee for the reasonable costs and expenses borne by the Commission for specific expert engineering and other consultant services deemed necessary by the Commission to come to a final decision on the application. This fee is called the "consultant fee." Consultant services may include, but are not limited to, performing or verifying the accuracy of resource area survey and delineation; analyzing resource area functions and values, including wildlife habitat evaluations, hydrogeologic and drainage analyses and monitoring; and researching environmental or land use law. The Commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision. If a revolving fund for consultant fees is authorized, the applicant's fee shall be put into such revolving fund and the Commission may draw upon that fund for specific consultant services approved by the Commission. The exercise of discretion by the Commission in making its determination to require the payment of a consultant fee shall be based upon its reasonable finding that additional information acquirable only through outside consultants would be necessary for the making of an objective decision. The Commission shall waive the consultant fee for a permit application filed by the Town. SECTION XIII. CAPTIONS AND SEVERABILITY The captions used herein are for convenience only and are expressly intended to have no legal or binding significance. The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof, nor shall it invalidate any Order of Conditions or decisions that have previously become final. ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO PETITION AND REQUEST OF THE GOVERNOR AND THE GENERAL COURT OF MASSACHUSETTS FOR REJECTION OF ANY PROPOSED GENERAL OR SPECIAL ACT WHICH INCLUDES PROVISIONS LIKE THOSE IN THE DRAFT SPECIAL ACT ENDORSED BY THE-CITY COUNCIL OF NEWBURYPORT ON APRIL 30,2001,IN PARTICULAR, THE RIGHT OF THE CITY TO ACQUIRE LAND IN THE TOWN OF NEWBURY,BY EMINENT DOMAIN OR OTHERWISE,FOR WATER SUPPLY PURPOSES. BY REQUEST OF JAYNE PENG AND OVER 100 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. 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 11 TH DAY OF SEPTEM13ER 2001. SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST: JOSEPH S . TEVALD ALAN I . ADAMS TOWN CLERK / MICHAEL G. DOYLE 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: 9-11 -2001 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: 9-12-2001 CONSTABLE: RICHARD N. CUNNINGHAM 89 TOWN OF NEWBURY SPECIAL TOWN MEETING RESULTS SEPTEM 3ER 25,2001 THE MEETING WAS CALLED TO ORDER AT 7:47 P.M.AT THE NEWBURY ELEMENTARY SCHOOL BY THE MODERATOR,RICHARD JOY WHO DECLARED A QUORUM PRESENT. A MOMENT OF SILENCE WAS OBSERVED IN REMEMBRANCE OF THE TRAGEDY THAT OCCURRED AT THE WORLD TRADE CENTERS ON SEPTEMBER 11,2001. COUNTERS FOR THE MEETING WERE MICHAEL BULGARIS,DOUGLAS PACKER,BRENDAN STOKES,JOHN MATTHEWS,KAREN BREEN,ROBERT WALTON AND JOHN SEAMANS. ARTICLE 1. MOVED,AND SECONDED,OPEN FOR QUESTIONS,DISCUSSION OR DEBATE. DAVID MOUNTAIN,FROM THE PLANNING BOARD GAVE A BRIEF EXPLANATION OF THE ARTICLE,AND THAT IT IS A RECOMMENDATION OF THE PLANNING BOARD TO ACCEPT IT. AFTER SOME DISCUSSION THE ARTICLE WAS PUT TO A VOTE AT 8:40 P.M. A COUNT OF YES-496,NO-217. NEEDING A 2/3RDS VOTE,ARTICLE CARRIES. ARTICLE 2. MOVED BY DOUGLAS PACKER,CHAIRMAN OF CONSERVATION COMMISSION, WITH A PRESENTATION RECOMMENDING APPROVAL OF THE WETLANDS PROTECTION ACT. HE PROPOSED AN AMENDMENT TO THE ARTICLE TO DROP THE WORDS"OR THEIR EQUIVALENT"FROM TWO(2)PLACES-SECTION III.-A,FIRST SENTENCE,AND SECTION III-I, FIRST SENTENCE. VOTED TO ACCEPT AMENDMENTS. ARTICLE WITH AMENDMENT THEN MOVED,SECONDED AND WITH A VOTE OF YES-529,NO-134. ARTICLE CARRIES. ARTICLE 3. MOVED BY JAYNE PENG AND SECONDED. SHE GAVE A BRIEF EXPLANATION OF WHY SHE FELT THE ARTICLE SHOULD PASS. IT WAS OPENED FOR QUESTIONS, DISCUSSION AND DEBATE. PUT TO A VOTE AT 9:34 P.M.WITH A COUNT OF YES-301, NO-339. ARTICLE FAILS. 780 VOTERS WERE CHECKED IN. THE MEETING WAS ADJOURNED AT 9:39 P.M. RESPECTFULLY SUBMITTED; 0 DONNA R. STEFANILE TOWN CLERK TOWN OF NEWBURY SPECIAL TOWN MEETING 90 MARCH 26, 2002 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, QUALIID.TQ VOTE IN TOWN AFFAIRS, TO MEET AT THE NEWBURY ELEMENTARY SCHOOL,HALER STREET IN SAID TOWN OF NEWBURY ON TUESDAY, THE 26TH DAY OF MARCH 2O02 AT 7:30 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ: ARTICLE 1. TO SEE IF THE TOWN SHALL VOTE THE FOLLOWING: THE NEWBURY TOWN MEETING SHALL RETAIN ITS AUTHORITY TO ADOPT AND REDETERMINE ANY SYSTEM OF BETTERMENT ASSESSMENTS FOR SEWERAGE OR WATER IN NEWBURY, INCLUDING ANY SYSTEM OF BETTERMENT ASSESSMENTS WHICH THE BOARD OF SELECTMEN MAY RECOMMEND IN RELATION TO THE NEW SEWER OR WATER SYSTEM IN THE NEW13URY SECTION OF PLUM ISLAND. BY REQUEST OF HUGO OWEN AND OVER 100 OTHERS Ili ARTICLE 2. TO SEE IF THE TOWN SHALL VOTE THE FOLLOWING: THE NEWBURY TOWN MEETING SHALL RETAIN ITS AUTHORITY TO LAYOUT AND TO ACCEPT AS PUBLIC WAYS ANY WAYS IN NEWBURY, INCLUDING ANY NEW PUBLIC WAYS WHICH THE PLANNING BOARD OR THE BOARD OF SELECTMEN MAY RECOMMEND IN RELATION TO THE NEW SEWER OR WATER SYSTEM IN THE NEWBURY SECTION OF PLUM ISLAND. BY REQUEST OF HUGO OWEN AND OVER 100 OTHERS ARTICLE 3. TO SEE IF THE TOWN SHALL VOTE THE FOLLOWING: THE NEWBURY TOWN MEETING DISAPPROVES OF ANY PLAN TO AUTHORIZE THE CITY OF NEWBURYPORT TO ACQUIRE ANY REAL ESTATE IN NEWBURY. HOWEVER, IF ANY REAL ESTATE IN NEWBURY IS REQUIRED BY THE CITY OF NEWBURYPORT, OR BY ANY BOARD OR AGENCY OF THAT MUNICIPALITY, FOR THE PURPOSE OF SUPPLYING WATER TO PLUM ISLAND OR TO OTHER AREAS OF NEWBURY OR NEWBURYPORT OR TO OTHER MUNICIPALITIES WHOSE WATER SYSTEMS ARE CONNECTED TO THAT OF NEWBURYPORT, THEN THE CITY OF NEWBURYPORT SHOULD MAKE SUCH REQUEST TO THE BOARD OF SELECTMEN, IDENTIFYING THE REAL ESTATE SOUGHT, SPECIFYING THE REASONS WHY SUCH REAL ESTATE IS REQUIRED AND EXPLAINING WHO SHALL PAY FOR SUCH REAL ESTATE. THE BOARD OF SELECTMEN SHALL THEN BRING THAT REQUEST TO THE TOWN MEETING FOR APPROVAL AND, SUBJECT TO SUCH APPROVAL BY THE TOWN MEETING,THE TOWN OF NEWBURY, ACTING THROUGH THE BOARD OF SELECTMEN, SHALL PROCEED TO ACQUIRE SUCH REAL ESTATE BY PURCHASE, GIFT, OR EMINENT DOMAIN, AND SHALL HOLD AND MAKE AVAILABLE SUCH REAL ESTATE FOR SUCH PURPOSE. BY REQUEST OF HUGO OWEN AND OVER 100 OTHERS ARTICLE 4. TO SEE IF THE TOWN SHALL VOTE TO ADOPT THE FOLLOWING: (a) THE OWNERS OF BUILDINGS IN THE NEWBURY SECTION OF PLUM ISLAND WHICH GENERATE WASTEWATER, AND WHOSE SEPTIC SYSTEMS DO NOT COMPLY WITH TITLE V, SHALL BE REQUIRED TO HOOK UP TO THE PLUM ISLAND SEWER SYSTEM PROMPTLY UPON NOTICE TO DO SO FROM THE BOARD OF HEALTH (b) THE AVNERS OF BUILDINGS IN THE NEWBURY SEC"s t ION OF PLUM ISLAND WHICH GENERATE WASTEWATER,AND WHOSE SEPTIC SYSTEMS DO COMPLY WITH TITLE V, SHALL HAVE THE OPTION TO CONNECT TO THE PLUM ISLAND SEWER SYSTEM, AND SHALL BE REQUIRED TO HOOK UP ONLY UPON REQUESTING SUCH HOOK UP. R 91 (c) THE OWNERS OF BUILDINGS IN THE NEWBURY SECTION OF PLUM ISLAND WHICH USE WATER SHALL HAVE THE OPTION TO CONNECT TO THE PLUM ISLAND WATER SYSTEM,AND SHALL BE REQUIRED TO HOOK UP ONLY UPON REQUESTING SUCH HOOK UP. BY REQUEST OF HUGO OWEN AND OVER 100 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. 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 MARCH 2O02. SELECT N, TOWN OF NEWBURY A TRUE COPY ATTEST: PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED, I HEREBY NOTIFY AND WARN THE INHABITANTS OF THE TOWN OF NEWBURY, QUALIFIED TO VOTE IN TOWN AFFAIRS, TO MEET AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED. DATE: CONSTABLE 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 i TOWN OF NEWBURY SPECIAL TOWN MEETING MARCH 26, 2002 RESULTS THE MODERATOR,RICHARD JOY CALLED THE MEETING TO ORDER AT 7:35 P.M.WITH A - QUORUM PRESENT. THE CALL AND RETURN WERE READ. COUNTERS APPOINTED FOR THE EVENING WERE JOHN SEAMANS,ROBERT WALTON,KAREN BREEN AND DOUGLAS PACKER ARTICLE 1. A MOTION WAS MADE BY HUGO OWEN TO CONSIDER THE ARTICLE. VINCENT RUSSO OBJECTED TO ITS CONSIDERATION. BY A VOTE OF YES-78,TO NO-189. OBJECTION FAILED. ARTICLE THEN MOVED, SECONDED,DEBATED,AND PUT TO VOTE.THE COUNT WAS YES-166,NO-143. ARTICLE CARRIES. ARTICLE 2. MOVED, SECONDED WITH DISCUSSION OR DEBATE.ARTICLE WAS PUT TO A VOTE AT 8:35 P.M.THE COUNT WAS YES-150,NO-154. ARTICLE DOES NOT CARRY. ARTICLE 3. MOVED,SECONDED WITH DISCUSSION OR DEBATE. AFTER MUCH DISCUSSION THE ARTICLE WAS PUT TO A VOTE AT 9:06 P.M.WITH A COUNT OF YES-216,TO NO-96. ARTICLE CARRIES. ARTICLE 4. MOVED,SECONDED,NOT HEARING ANY DISCUSSION OR DEBATE THE ARTICLE WAS PUT TO A VOTE AT 9:09 P.M. THE COUNT WAS YES-128,NO-136. ARTICLE DOES NOT CARRY. MEETING WAS ADJOURNED AT 9:13 P.M. THERE WERE 336 VOTERS CHECKED IN. RESPECTIVELY SUBMITTED; A;� a DONNA R. STEFANILE U TOWN CLERK TOWN OF NEWBURY ANNUAL TOWN MEETING APRIL 23,2002 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 23RD DAY OF APRIL AT 1:30 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$6,047,439 AND TAKE FROM FREE CASH$476,406 FOR THE OPERATION OF THE TOWN IN FISCAL 2003. FINANCE COMMITTEE RECOMMENDS FY02 FY03 CHANGE MODERATOR'S SALARY 100 100 SELECTMEN'S SALARIES 15,500 15,500 SELECTMEN'S EXPENSE 11,650 7,000 (4,650) SELECTMEN'S SECRETARY 33,974 35,494 1,520 TOWN HALL ADM SERVICE 75,388 45,000 (30,388) RESERVE FUND 50,000 50,000 FINCOM EXPENSES 250 250 ACCOUNTANT'S SALARY 42,436 47,331 4,895 ACCOUNTANT'S EXPENSE 4,000 4,000 ASSESSOR'S SALARIES 9,506 9,792 286 ASSESSOR'S WAGES 42,100 43,400 1,300 ASSESSOR'S EXPENSE 38,194 9,600 (28,594) AUDIT TOWN BOOKS 22,380 22,380 TREASURER'S SALARY 23,683 24,394 711 COLLECTOR'S SALARY 23,683 24,394 711 TREASURER/COLLECTOR WAGES 30,639 31,559 920 _ TREASURER/COLLECTOR EXPENSE 18,361 22,000 3,639 LEGAL EXPENSE 25,000 50,000 25,000 PERSONNEL BOARD 500 500 COMPUTER ACCOUNT 7,500 7,500 TOWN CLERK'S SALARY 38,107 39,251 1,144 TOWN CLERK'S WAGES 0 30,866 30,866 TOWN CLERK'S EXPENSE 6,500 8,000 1,500 ELECTION EXPENSE 6,000 7,200 1,200 REGISTRAR OF VOTERS SALARIES 750 750 REGISTRAR OF VOTERS EXPENSE 5,000 5,000 CONSERVATION COMM. WAGES & EXPENSES 17,200 17,700 500 CONSERVATION COMM. AGENT 25,000 25,000 TREE WARDEN SALARY 3,000 3,000 TREE WARDEN EXPENSE 33,000 33,000 CLAM FLATS TOWN WAGES & EXPENSES 7,800 8,034 234 CLAM FLATS STATE WAGES 3,114 3,114 PLANNING BOARD WAGES 1,900 2,000 100 PLANNING BOARD EXPENSE 5,000 4,500 (500) PLANNING BOARD CONSULTANTS 25,000 25,000 SUB DIVISION EXPENSE 500 500 MASTER PLAN 7,000 7,000 MERRIMACK VALLEY PLANNING COMM 1,839 2,077 238 94 ZONING BD OF APPEALS WAGES & EXPENSES 965 965 TOWN HALL MAINT. WAGES & EXPENSES 70,000 70,000 TOWN REPORTS 2,500 2,500 INSURANCE EXPENSE 122,000 122,000 POLICE DEPARTMENT WAGES 795.558 813,524 17,966 POLICE DEPARTMENT EXPENSE 76,388 76,388 FIRE PROTECTION WAGES 295,000 308,450 13,450 FIRE PROTECTION FLAT RATE 120,000 122,400 2,400 FIRE PROTECTION EXPENSE 33,703 38,603 4,900 FOREST FIRES WAGES & EXPENSES 5,300 5,460 160 FIRE ALARM MAINT. EXPENSE 3,000 5,000 2,000 HYDRANT SERVICE 11,333 11,333 AMBULANCE SERVICE 55,000 55,000 BUILDING INSPECTOR SALARY 46,704 48,105 1,401 BUILDING INSPECTOR EXPENSE 5,100 5,100 GAS INSPECTOR'S EXPENSE 3,000 3,000 PLUMBING INSPECTOR'S EXPENSE 5,500 5,500 SEALER OF WEIGHTS & MEASURES 1,000 1,000 WIRE INSPECTOR'S EXPENSE 7,000 7,000 FIRE INSPECTOR'S EXPENSE 3,000 3,000 CIVIL DEFENSE 1,500 1,500 ANIMAL CONTROL OFFICER'S SALARY 16,121 16,854 733 PARKING CLERK'S WAGES 2,295 2,400 105 PARKING CLERK'S EXPENSE 270 600 330 WATERWAYS WAGES 25,112 25,866 754 WATERWAYS EXPENSES 17,391 3,417 (13,974) TRITON REGIONAL CAPITAL IMPROVEMENTS 353,824 292,714 (61,110) VOCATIONAL TRANSPORTATION 6,700 6,700 HIGHWAY LABOR 367,872 404,780 36,908 SNOW REMOVAL WAGES & EXPENSES 90,000 95,000 5,000 STREET LIGHTING 42,000 42,000 HIGHWAY MAINTENANCE 80,000 90,000 10,000 TRUCK MAINTENANCE 60,000 60,000 GARAGE MAINTENANCE 25,000 30,000 5,000 CEMETERIES EXPENSE 3,000 3,000 BOARD OF HEALTH WAGES 46,350 46,350 BOARD OF HEALTH EXPENSES 293,766 2,500 (291,266) BOARD OF HEALTH AGENT'S EXPENSE 8,000 0 (8,000) BOARD OF HEALTH - PUBLIC HEALTH SERV 19,560 19,560 COUNCIL ON AGING SALARIES 59,714 61,506 1,792 COUNCIL ON AGING EXPENSE 18,550 18,550 VETERANS SERVICES 18,000 18,000 NEWBURY LIBRARY WAGES 226,471 226,471 NEWBURY LIBRARY EXPENSES 202,175 202,175 LIFEGUARD WAGES 35,642 38,000 2,358 LIFEGUARD EXPENSE 4,725 5,000 275 PARK'S WAGES & EXPENSES 58,000 65,000 7,000 HISTORIC COMMISSION 650 650 HISTORIC RECORDS PRESERVATION 3,500 3,500 MEMORIAL DAY 800 600 (200) SHORT TERM DEBT PRINCIPLE 0 0 LONG TERM DEBT PRINCIPLE 860,000 1,165,000 305,000 SHORT TERM DEBT INTEREST 339,341 40,622 (298,719) LONG TERM DEBT INTEREST 441,958 736,605 294,647 PROPERTY/EXCISE NTEREST 3,000 500 (2,500) HEALTH & DENTAL INSURANCE 344,232 378,655 34,423 EMPLOYEE LIFE INSURANCE 1,642 1,806 164 FICA MEDICARE 37,000 40,700 3,700 CONSERVATION FUND 750 750 ARTICLE 2 TOTALS $6,344,492 $6,523,845 179,353 ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF 51 $5,561,161 FOR THE TRITON REGIONAL SCHOOL DISTRICT'S FY03 ASSESSMENT TO NEWBURY. FINANCE COMMITTEE RECOMMENDS ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $89,429 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY03 ASSESSMENT TO NEWBURY. FINANCE COMMITTEE RECOMMENDS ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $249,673 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX REGIONAL RETIREMENT SYSTEM FOR FISCAL YEAR 2003. FINANCE COMMITTEE RECOMMENDS ARTICLE 6. TO SEE IF THE TOWN SHALL VOTE THE FOLLOWING: TO RESCIND ARTICLE 1 OF THE SPECIAL TOWN MEETING OF MARCH 26,2002 WHICH READ, "THE NEWBURY TOWN MEETING SHALL RETAIN ITS AUTHORITY TO ADOPT AND RE-DETERMINE ANY SYSTEM OF BETTERMENT ASSESSMENTS FOR SEWERAGE OR WATER IN NEWBURY, INCLUDING ANY SYSTEM OF BETTERMENT ASSESSMENTS WHICH THE BOARD OF SELECTMEN MAY RECOMMEND IN RELATION TO THE NEW SEWER OR WATER SYSTEM IN THE NEWBURY SECTION OF PLUM ISLAND". BY REQUEST OF KENT MCLEROTH AND OVER 10 OTHERS ARTICLE 7. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $2,970 FOR USE BY THE ESSEX COUNTY GREEN HEAD CONTROL PROJECT TO BE USED TO MAINTAIN IT'S PROGRAM OF TRAPPING THE ADULT GREENHEAD FLIES DURING THE SUMMER OF 2002. 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 FOR THE NECESSARY MAINTENANCE DURING THE ENSUING YEAR OF THE MOSQUITO CONTROL WORKS CONSTRUCTED BY THE TOWN. FINANCE COMMITTEE RECOMMENDS ARTICLE 9. 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 10, 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 MADE 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$44,560 DURING THE NEXT FISCAL YEAR,OF WHICH$29,283 IS RAISED IN ARTICLE 2 AND$15,277 FROM THE WATERWAYS FUND. FINANCE COMMITTEE RECOMMENDS ARTICLE 11. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $26,000 TO BE USED TO PURCHASE AND EQUIP A NEW POLICE CRUISER. FINANCE COMMITTEE RECOMMENDS ARTICLE 12. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE$13,724 FOR THE LEASE/PURCHASE OF A NEW LOADERBACKHOE. FINANCE COMMITTEE RECOMMENDS ARTICLE 13. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE$48,198 FOR THE PURCHASE OF A 15,000 GVW DUMP TRUCK. FINANCE COMMITTEE RECOMMENDS 96 ARTICLE 14. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE$29,500 FOR THE PURCHASE OF A HYDRAULIC RANGE WING MOWER. FINANCE COMMITTEE RECOMMENDS ARTICLE 15. TO SEE IF THE TOWN WILL VOTE TO TRANSFER AN AMOUNT NOT TO EXCEED$100,000 FROM THE STABILIZATION FUND TO THE FY03 RESERVE FUND ACCOUNT. FINANCE COMMITTEE RECOMMENDS ARTICLE 16. TO SEE IF THE TOWN WILL VOTE TO BORROW THE SUM OF$445,000 FOR THE PURPOSE OF IMPROVING THE TOWN ATHLETIC FIELDS AT KENT WAY, SAID BORROWING TO BE CONTINGENT UPON A FAVORABLE VOTE AT A TOWN ELECTION TO EXCLUDE THIS DEBT FROM THE PROPOSITION 2 1/2 LEVY LIMIT. FINANCE COMMITTEE RECOMMENDS ARTICLE 17. TO SEE IF THE TOWN WILL VOTE TO BORROW THE SUM OF$315,000 FOR THE PURPOSE OF IMPROVING THE TOWN ATHLETIC FIELDS AND PARKING AT CENTRAL STREET,SAID BORROWING TO BE CONTINGENT UPON A FAVORABLE VOTE AT A TOWN ELECTION TO EXCLUDE THE DEBT FROM THE PROPOSITION 2 1/2 LEVY LIMIT. FINANCE COMMITTEE RECOMMENDS ARTICLE 18. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE$68,150.61 FROM CHAPTER 90 AVAILABLE FUNDS PURSUANT TO CHAPTER 53C OF THE ACTS OF 1999. FINANCE COMMITTEE RECOMMENDS ARTICLE 19. TO SEE IF THE TOWN WILL VOTE TO ACCEPT THE WAY KNOWN AS LONG VIEW LANE,AS SHOWN ON THE SUBDIVISION PLANS ON FILE WITH THE TOWN,AS A PUBLIC WAY IN TEE TOWN OF NEWBURY OR TAKE ANY OTHER ACTION RELATIVE THERETO. PLANNING BOARD RECOMMENDS ARTICLE 20. 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 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 21. 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 22. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE AND DIRECT THE BOARD OF SELECTMEN TO APPOINT A SELECT COMMITTEE CONSISTING OF FIVE MEMBERS FROM AND AMONG THE CITIZENS OF NEWBURY FOR THE SPECIAL PURPOSE OF EXAMINING AND DETERMINING THE STRENGTHS AND WEAKNESSES OF NEWBURY TOWN GOVERNMENT,TO INVESTIGATE BEST PRACTICES IN MUNICIPAL GOVERNANCE TO BETTER COORDINATE FISCAL AND ADMINISTRATIVE OPERATIONS, AND TO RECOMMEND ANY CHANGES FOR THE MORE EFFECTIVE AND EFFICIENT DELIVERY OF MUNICIPAL SERVICES. SAID SELECT COMMITTEE SHALL HOLD PUBLIC HEARINGS FROM TIME TO TIME TO SOLICIT CITIZEN INPUT REGARDING ITS DELIBERATIONS,AND MAY CONSULT,WIIH SUCH PROFESSIONAL ORGANIZATIONS AS THE MASSACHUSETTS MUNICIPAL ASSOCIATION, INSTITUTIONS OF HIGHER LEARNING AND ANY SUCH EXPERTS IN MUNICIPAL AFFAIRS IT DEEMS NECESSARY IN ITS CONSIDERATIONS. FINANCE COMMITTEE RECOMMENDS ARTICLE 23. TO MEET ON TUESDAY,MAY 14,2002 IN OUR RESPECTIVE VOTING DISTRICTS FOR THE ELECTION OF TOWN OFFICERS TO FILL THE FOLLOWING POSITIONS,VIZ; 19 SELECTMAN,MODERATOR,FISH COMMISSIONER,ASSESSOR,THREE REGIONAL SCHOOL 97 COMMITTEE MEMBERS,TWO LIBRARY TRUSTEES,ALL FOR THREE YEARS,PLANNING BOARD FOR FIVE YEARS,PLANNING BOARD,TREE WARDEN,FOR ONE YEAR,CONSTABLE FOR FOUR YEARS,THREE BOARD OF HEALTH MEMBERS FOR A THREE YEAR,TWO YEAR AND ONE YEAR TERM AND TO VOTE ON THE FOLLOWING QUESTIONS: QUESTION#1."SHALL THE TOWN OF NEWBURY VOTE TO APPROVE A DEBT EXCLUSION OF$445,000 AND ALL RELATED COSTS FROM THE LEVY LIMIT FOR THE PURPOSE OF PROVIDING FUNDS TO CONTINUE WORK ON THE KENT WAY PROPERTY. QUESTION#2. "SHALL THE TOWN OF NEWBURY VOTE TO APPROVE A DEBT EXCLUSION OF$315,000 AND ALL RELATED COSTS FROM THE LEVY LIMIT FOR THE PURPOSE OF PROVIDING FUNDS TO CONTINUE WORK ON THE CENTRAL STREET PROPERTY. THE POLLS WILL BE OPEN AT 12 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,AND 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 9Te DAY OF APRIL,2002. SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST: DONNA R. STEFANILE,TOWN CLERK JOSEPH S . TEVALD !, ALAN I . ADAMS MICHAEL DOYLE DONNA R. STEFANILE, 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 HERIN NAMED. DATE: 411212002 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: 411612002 CONSTABLE: RICHARD N. CUNNINGHAM TOWN OF NEWBURY ANNUAL TOWN MEETING APRIL 23,2002 RESULTS THE MODERATOR,RICHARD T.JOY,CALLED THE MEETING TO ORDER AT 7:45 P.M.WITH A QUORUM PRESENT. THE CALL AND RETURN WERE READ. COUNTERS APPOINTED FOR THE EVENING WERE;DOUGLAS PACKER,JOHN SEAMANS,HOWARD TRAISTER,KAREN BREEN, ROBERT WALTON AND WORTHEN TAYLOR III. ARTICLE 1. MOVED AND SECONDED TO ACCEPT THE REPORTS AS PRINTED. VOTED UNANIMOUS. , ARTICLE 2. MOVED AND SECONDED. AN AMENDMENT FROM KEVIN BLANCHETTE, FINANCE COMMITTEE CHAIRMAN,TO STRIKE$226,471 AND INSERT$233,453 FROM TOWN LIBRARY WAGES AND STRIKE$202,175 AND INSERT$195,193 FROM TOWN LIBRARY EXPENSES. AMENDMENT VOTED UNANIMOUS. HOLDS WERE ASKED ON LEGAL EXPENSE,TOWN CLERK'S WAGES, CONSERVATION COMMITTEE AGENT,WATERWAYS WAGES,BOARD OF HEALTH EXPENSES,AND CONSERVATION FUND. AFTER MUCH DISCUSSION AND ANSWERS FROM KEVIN BLANCHETTE,THE ARTICLE WITH AMENDMENT PUT TO VOTE AT 8:37 P.M. VOTED UNANIMOUSLY. ARTICLE 3. MOVED,SECONDED AND VOTED UNANIMOUSLY TO ACCEPT AS NEWBURY'S SHARE OF ASSESSMENT TO TRITON REGIONAL SCHOOL DISTRICT'S FY03 THE SUM OF $5,561,161. ARTICLE 4. MOVED,SECONDED AND VOTED UNANIMOUSLY TO ACCEPT AS NEWBURY'S SHARE OF ASSESSMENT TO WHITTIER VOCATIONAL SCHOOL'S FY03 THE SUM OF$89,429. ARTICLE 5. MOVED,SECONDED AND VOTED UNANIMOUSLY TO RAISE AND APPROPRIATE THE SUM OF$249,673 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX REGIONAL RETIREMENT SYSTEM FOR FISCAL YEAR 2003. ARTICLE 6. MOVED,SECONDED AND PRESENTED BY KENT MCLEROTH. AFTER MUCH DISCUSSION THE ARTICLE WAS PUT TO VOTE AT 9:05 P.M.WITH A COUNT OF YES-157,NO-101, THE ARTICLE PASSES. ARTICLE 7. MOVED, SECONDED AND VOTED UNANIMOUSLY TO RAISE AND APPROPRIATE , THE SUM OF$2,970 FOR GREENHEAD CONTROL. ARTICLE 8. MOVED,SECONDED AND VOTED UNANIMOUSLY TO RAISE AND APPROPRIATE THE SUM OF$1 FOR MOSQUITO CONTROL, ARTICLE 9. MOVED,SECONDED AND VOTED UNANIMOUSLY TO AUTHORIZE THE SUM OF $4000 FOR THE CONTINUANCE OF THE"DOG FUND"AS A REVOLVING FUND ACCOUNT. ARTICLE 10. MOVED,SECONDED AND VOTED UNANIMOUSLY TO AUTHORIZE THE SUM OF $44,560 FOR THE CONTINUANCE OF THE"MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE FUND"AS A REVOLVING FUND ACCOUNT. THE AMOUNT OF$29,283 IS RAISED IN ARTICLE 2 AND$15,277 FROM THE WATERWAYS FUND. ARTICLE 11. MOVED,SECONDED AND VOTED UNANIMOUSLY TO RAISE AND APPROPRIATE THE SUM OF$26,000 TO USED TO PURCHASE AND EQUIP A NEW POLICE CRUISER. ARTICLE 12. MOVED, SECONDED AND VOTED UNANIMOUSLY TO RAISE AND APPROPRIATE THE SUM OF$13,724 FOR THE LEASE/PURCHASE OF A NEW LOADER/BACKHOE. ARTICLE 13. MOVED,SECONDED AND VOTED UNANIMOUSLY TO RAISE AND APPROPRIATE THE SUM OF$48,198 FOR THE PURCHASE OF A 15,000 GV W DUMP TRUCK. L ARTICLE 14. MOVED,SECONDED AND VOTED UNANIMOUSLY TO RAISE AND APPROPRIATE THE SUM OF$29,500 FOR THE PURCHASE OF A HYDRAULIC RANGE WING MOWER. ARTICLE 15. MOVED,SECONDED AND NEEDING A 2/3RDS VOTE,THE MODERATOR REQUESTED TO DO A REVERSE VOTE. EXPLAINING THE PROCEDURE,AND WITH NO ONE OPPOSING,THE ARTICLE WAS VOTED UNANIMOUSLY TO TRANSFER AN AMOUNT NOT TO EXCEED$100,000 FROM THE STABILIZATION FUND TO THE FY03 RESERVE FUND ACCOUNT. ARTICLE 16. MOVED,SECONDED AND PRESENTED BY DIANE BROWN OF THE RECREATION COMMITTEE. WITH MANY SPEAKERS FOR AND AGAINST,NEEDING A 2/3RDS VOTE,THE COUNT WAS,YES- 150,NO-65. ARTICLE PASSED TO BORROW THE SUM OF$445,000 FOR THE PURPOSE OF IMPROVING THE TOWN ATHLETIC FIELDS AT KENT WAY,SAID BORROWING TO BE CONTINGENT UPON A FAVORABLE VOTE AT A TOWN ELECTION TO EXCLUDE THE DEBT FROM THE PROPOSITION 2 'h LEVY. ARTICLE 17. MOVED,SECONDED AND PRESENTED BY DIANE BROWN OF THE RECREATION COMMITTEE. WITH MANY SPEAKERS FOR AND AGAINST,NEEDING A 2/3RDS VOTE,THE COUNT WAS,YES- 144,NO-56. ARTICLE PASSED TO BORROW THE SUM OF$315,000 FOR THE PURPOSE OF IMPROVING THE TOWN ATHLETIC FIELDS AND PARKING AT CENTRAL STREET, SAID BORROWING TO BE CONTINGENT UPON A FAVORABLE VOTE AT A TOWN ELECTION TO EXCLUDE THE DEBT FROM THE PROPOSITION 2 '/z LEVY. ARTICLE 18. MOVED,SECONDED AND VOTED UNANIMOUSLY TO APPROPRIATE$68,150.61 FROM CHAPTER 90 AVAILABLE FUNDS PURSUANT TO CHAPTER 53C OF THE ACTS OF 1999. ARTICLE 19. MOVED,SECONDED AND VOTED UNANIMOUSLY TO ACCEPT THE WAY KNOWN AS LONG VIEW LANE AS A PUBLIC WAY IN THE TOWN OF NEWBURY. ARTICLE 20. MOVED,SECONDED AND VOTED UNANIMOUSLY 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 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 21. MOVED,SECONDED AND VOTED UNANIMOUSLY 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 22. MOVED,SECONDED AND VOTED UNANIMOUSLY TO AUTHORIZE AND DIRECT THE BOARD OF SELECTMEN TO APPOINT A SELECT COMMITTEE CONSISTING OF FIVE MEMBERS FROM AND AMONG THE CITIZENS OF NEWBURY FOR THE SPECIAL PURPOSE OF EXAMINING AND DETERMINING THE STRENGTHS AND WEAKNESSES OF NEWBURY TOWN GOVERNMENT,TO INVESTIGATE BEST PRACTICES IN MUNICIPAL GOVERNANCE TO BETTER COORDINATE FISCAL AND ADMINISTRATIVE OPERATIONS,AND TO RECOMMEND ANY CHANGES FOR THE MORE EFFECTIVE AND EFFICIENT DELIVERY OF MUNICIPAL SERVICES. SAID SELECT COMMITTEE SHALL HOLD PUBLIC HEARINGS FROM TIME TO TIME TO SOLICIT CITIZEN INPUT REGARDING ITS DELIBERATIONS,AND MAY CONSULT WITH SUCH PROFESSIONAL ORGANIZATIONS AS THE MASSACHUSETTS MUNICIPAL ASSOCIATION, INSTITUTIONS OF HIGHER LEARNING AND ANY SUCH EXPERTS IN MUNICIPAL AFFAIRS IT DEEMS NECESSARY IN ITS CONSIDERATIONS. ARTICLE 23. MOVED,SECONDED AND VOTED UNANIMOUSLY TO MEET ON TUESDAY, MAY 14,2002 IN OUR RESPECTIVE VOTING DISTRICTS FOR THE ELECTION OF TOWN OFFICERS TO FILL THE FOLLOWING POSITIONS,VIZ; SELECTMAN,MODERATOR,FISH COMMISSIONER,ASSESSOR,THREE REGIONAL SCHOOL COMMITTEE MEMBERS,TWO LIBRARY TRUSTEES,ALL FOR THREE YEARS,PLANNING BOARD FOR FIVE YEARS,PLANNING BOARD,TREE WARDEN,FOR ONE YEAR,CONSTABLE FOR FOUR YEARS,THREE BOARD OF HEALTH MEMBERS FOR A THREE YEAR,TWO YEAR AND ONE YEAR TERM AND TO VOTE ON THE FOLLOWING QUESTIONS: QUESTION#1.`SHALL THE TOWN OF NEWBURY VOTE TO APPROVE A DEBT EXCLUSION OF$445,000 AND ALL RELATED COSTS FROM THE LEVY LIMIT FOR THE PURPOSE OF PROVIDING FUNDS TO CONTINUE WORK ON THE KENT WAY PROPERTY. QUESTION#2."SHALL THE TOWN OF NEWBURY VOTE TO APPROVE A DEBT EXCLUSION OF$315,000 AND ALL RELATED COSTS FROM THE LEVY LIMIT FOR THE PURPOSE OF PROVIDING FUNDS TO CONTINUE WORK ON THE CENTRAL STREET PROPERTY. MEETING ADJOURNED AT 10:25 P.M. 294 VOTERS CHECKED IN. RESPECTFULLY SUBMITTED; i ve. ;f4� DONNA R.STEFANILE TOWN CLERK I • 10l ANNUAL TOWN ELECTION MAY 14,2002 RESULTS 2014 VOTED SELECTMEN(3 YR) PCT 1 PCT2 TOTAL RONALD GARAND 117 74 191 RICHARD T.JOY 574 454 1028 HUGO A. OWEN 437 273 710 GERALDINE REED 23 34 57 BOARD OF HEALTH MICHAEL J.APOSTOLOS 195 139 334 ELAINE A.BYRNE (1 YR.) 509 323 832 PAUL C.DAUBITZ 330 221 551 STEVEN H.FRAM(3YR.) 486 431 917 ALBA L. GOULDTHORPE(2 YR.) 536 305 841 MITCHELL S.PEASE 261 174 435 CONSTABLE (3 YR.) *RICHARD N. CUNNINGHAM 908 686 1,594 MODERATROR(3 YR.) JOHN P. SALTER,JR. 855 652 1,507 PLANNING BOARD(5 YR.) VACANT PLANNING BOARD(1 YR.) ERICH R. GRIEBLING 621 466 1,087 FISH COMMISSIONER(3 YR.) *EVERETT M.DAVIS 730 601 1,331 ASSESSOR(3 YR.) *JOSEPH P. CUTRONE 720 542 1,262 TREE WARDEN( 1 YR.) *PETER W.HOLLIS 758 383 1,141 RONALD O.PEARSON 228 396 624 TRITON REGIONAL SCHOOL COMMITTEE *RICHARD BAZIRGAN-NEWBURY 809 593 1,402 *C.WALTER HARDY JR.-ROWLEY 492 414 906 *JAMES E.POULIN- SALISBURY 472 395 867 LIBRARY TRUSTEE(3 YR.) *CATHERINE DULLEA 617 473 1,090 *RUTH YESAIR 633 550 1,183 QUESTIONS QUESTION# 1 YES 263 294 557 NO 697 444 1,141 QUESTION#2 YES 296 374 670 NO 661 381 1,042 102 TOWN OF NEWBURY SPECIAL TOWN MEETING JUNE 25, 2002 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 HANVOER STREET IN SAID TOWN OF NEWBURY ON TUESDAY, THE 25TH 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 TRANSFER$137,900 FROM THE RESERVE FUND FOR FISCAL YEAR 2003 TO FUND THE FOLLOWING ACCOUNTS FOR FISCAL YEAR 2003: ASSESSORS EXPENSES $35,900 POLICE WAGES $37,000 DIRECTOR OF EMERGENCY MANAGEMENT SALARY $ 5,000 BOARD OF HEALTH EXPENSES $60,000 FINANCE COMMITTEE RECOMMENDS ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO MOVE FORWARD WITH THE PERMITTING AND CONSTRUCTION OF A NEW TRANSFER STATION AT THE BOSTON ROAD SITE PENDING FUNDING OF THE PROJECT AND STATE , APPROVALS. (THIS ARTICLE IS A NON-BINDING REFERENDUM) 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, AND 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 JUNE 2002. SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATTEST: DONNA R. STEFANILE RICHARD JOY TOWN CLERK MICHAEL DOYLE n. _ _?Q yr D , S ALAN I. ADAMS /����/ ✓`1 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: 6/11/02 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: 6/11/02 CONSTABLE: RICHARD N. CUNNINGHAM ©,3 TOWN OF NEWBURY SPECIAL TOWN MEETING JUNE 25,2002 RESULTS THE MODERATOR,JOHN P. SALTER JR.CALLED THE MEETING TO ORDER AT 7:34 P.M.WITH A QUORUM PRESENT. THE CALL AND RETURN WERE READ. ARTICLE 1. MOVED, SECONDED AND AFTER REPORTS FROM KEVIN BLANCHETTE, CHAIRMAN OF THE FINANCE COMMITTEE,A VOTE WAS TAKEN AT 8:00 P.M. ARTICLE THEN PASSED. ARTICLE 2. A PRESENTATION WAS GIVEN BY JOHN DONOVAN,VICE PRESIDENT,AND CHRISTOPHER KOEHLER,P.E.FROM CDM IN REGARDS TO CLOSURE OF THE LANDFILL AND PLANS FOR UPGRADING THE TRANSFER STATION. EXAMPLES WERE SHOWN OF TRANSFER STATIONS IN OTHER TOWNS,AND A PRELIMINARY PLAN FOR NEWBURY. ARTICLE WAS MOVED, SECONDED AND CALLED FOR A VOTE AT 8:31 P.M. ARTICLE THEN PASSED. MEETING ADJOURNED AT 8:35 P.M. THERE WERE 75 VOTERS CHECKED IN. RESPECTIVELY SUBMITTED; DONNA R. STEFANILE TOWN CLERK I I �o y TOWN OF NEWBURY ANNUAL TOWN MEETING APRIL 22,2003 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 22nd DAY OF APRIL AT 7:30 P.M.TO ACT ON THE FOLLOWING ARTICLES,VIZ: D 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 BORROW THE SUM OF$1,200,000,OR A LESSER SUM,FOR THE PURPOSE OF DESIGN,PERMITTING AND CONSTRUCTION OF A TRANSFER STATION TO PROCESS THE TOWN'S SOLID WASTE AND RECYCLING MATERIAL AT THE TOWN LANDFILL,AND TO TAKE ANY OTHER ACTION NECESSARY THERETO;SAID SUM TO BE EXCLUDED FROM THE DEBT LEVY LIMIT. A FAVORABLE VOTE ON THIS ARTICLE SHALL REQUIRE A QUESTION TO BE PLACED ON THE BALLOT FOR THE ANNUAL ELECTION AUTHORIZING THE EXCLUSION OF THE SUM BORROWED FROM THE LEVY LIMIT. ARTICLE 3. (PARKING SPACES IN AN AGRICULTURAL/RESIDENTIAL ZONE) TO SEE IF THE TOWN OF NEWBURY WILL VOTE TO AMEND ITS ZONING BYLAW TO REQUIRE TWO ON SITE PARKING SPACES IN AN AGRICULTURAL/RESIDENTIAL DISTRICT. THE PROPOSED AMENDMENT WOULD ADD THE FOLLOWING LANGUAGE TO ARTICLE III, (AGRICULTURAL/RESIDENTIAL DISTRICT USE REGULATIONS)97-6. N. PARKING SHALL BE PROVIDED PER AGRICULTURAL/RESIDENTIAL LOT AS FOLLOWS: 1. A MINIMUM OF TWO VEHICLE SPACES PER DWELLING UNIT; 2. A MINIMUM DRIVEWAY WIDTH OF NINE FEET; OR TAKE ANY OTHER ACTION RELATIVE THERETO. ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BYLAWS,BY DELETING LANGUAGE FROM ARTICLE III(AGRICULTURAL/RESIDENTIAL DISTRICT USE REGULATIONS)B.WHICH READS: B. 'NOTWITHSTANDING THE ABOVE,ANY RESIDENCE LEGALLY PERMITTED PRIOR TO APRIL 19, 1988 MAY BE USED AS A SINGLE OR TWO FAMILY RESIDENCE". OR TAKE ANY OTHER ACTION RELATIVE THERETO ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BYLAWS,BY DELETING ARTICLE III(AGRICULTURAL/RESIDENTIAL DISTRICT USE REGULATIONS) SECTION 97-6G. (REDUCED FRONTAGE LOTS)IN ITS ENTIRETY. THE LANGUAGE TO BE DELETED READS AS FOLLOWS: G. REDUCED FRONTAGE LOTS. (1) IN AGRICULTURAL/RESIDENTIAL DISTRICTS, "BACKLAND LOTS"OR "REDUCED FRONTAGE LOTS"MAY BE CREATED. EACH SUCH "BACKLAND LOT"OR"REDUCED FRONTAGE LOT"MUST MEET THE 105 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 1/2) ACRES. (e) NOT MORE THAN ONE OTHER REDUCED FRONTAGE LOT WITH FRONTAGE CONTIGUOUS TO IT WILL BE ALLOWED BY THE SAME OWNER. (fl NO STRUCTURE SHALL BE ERECTED WITHIN FIFTY(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 1/2) ACRES. (h) THE LOT MUST CONTAIN AT LEAST ONE AND ONE HALF(1 1/2) ACRES OF CONTIGUOUS LAND WHICH IS NOT IN A FLOOD PLAIN OR WETLAND. G) THE PLANNING BOARD MAY DENY THIS APPLICATION,IF IN ITS OPINION,THE REDUCED FRONTAGE LOTS ARE INTENDED TO SUBVERT THE SUBDIVISION APPROVAL PROCESS. (2) APPROVAL OF A BACKLAND LOT DOES NOT CONSTITUTE A WAIVER OF ANY OTHER APPLICABLE BYLAW OR STATUTE. OR TAKE ANY OTHER ACTION RELATIVE THERETO. ARTICLE 6. TO SEE IF THE TOWN OF NEWBURY WILL VOTE TO AMEND ITS ZONING BYLAW TO: 1) DELETE ARTICLE XIA(OPEN SPACE RESIDENTAIL DEVELOPMENT BYLAW)IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING LANGUAGE OR TAKE ANY OTHER ACTION RELATIVE THERETO. ARTICLE XIA OPEN SPACE RESIDENTIAL DEVELOPMENT BYLAW —97-47.1. PURPOSE AND INTENT. A. THE PRIMARY PURPOSES FOR THE OPEN SPACE RESIDENTIAL DEVELOPMENT(OSRD) BYLAW ARE THE FOLLOWING: (1) TO ALLOW FOR GREATER FLEXIBILITY AND CREATIVITY IN THE DESIGN OF RESIDENTIAL DEVELOPMENTS; (2) TO ENCOURAGE THE PERMANENT PRESERVATION OF OPEN SPACE, AGRICULTURAL LAND,FORESTRY LAND,WILDLIFE HABITAT,OTHER NATURAL RESOURCES INCLUDING AQUIFERS,WATERBODIES AND WETLANDS,AND HISTORICAL AND ARCHAEOLOGICAL RESOURCES IN A MANNER THAT IS CONSISTENT WITH NEWBURY'S OPEN SPACE PLAN; (3) TO ENCOURAGE A LESS SPRAWLING AND MORE EFFICIENT FORM OF DEVELOPMENT THAT CONSUMES LESS OPEN LAND AND CONFORMS TO EXISTING TOPOGRAPHY AND NATURAL FEATURES BETTER THAN A CONVENTIONAL OR GRID SUBDIVISION; (4) TO MINIMIZE THE TOTAL AMOUNT OF DISTURBANCE ON THE SITE; (5) TO FURTHER THE GOALS AND POLICIES OF THE OPEN SPACE PLANS; (6) TO FACILITATE THE CONSTRUCTION AND MAINTENANCE OF HOUSING, STREETS,UTILITIES,AND PUBLIC SERVICE IN A MORE ECONOMICAL AND EFFICIENT MANNER. 106 B. THE SECONDARY PURPOSES FOR OSRD ARE THE FOLLOWING: (1) TO PRESERVE AND ENHANCE THE COMMUNITY CHARACTER; (2) TO PROTECT THE VALUE OF REAL PROPERTY; (3) TO PROVIDE FOR A DIVERSIFIED HOUSING STOCK; (4) TO PROVIDE AFFORDABLE HOUSING TO PERSONS OF LOW AND MODERATE INCOME. —97-47.2. ELIGIBILITY A. ANY DEVELOPMENT THAT WILL CREATE MORE THAN FOUR(4)LOTS OR UNITS SHALL SUBMIT AN APPLICATION FOR OSRD TO THE PLANNING BOARD. THE APPLICANT SHALL HAVE THE OPTION OF DEVELOPMENT UNDER THE CONVENTIONAL SUBDIVISION PROCESS OR UNDER THE OSRD. B. CONTIGUOUS PARCELS. TO BE ELIGIBLE FOR CONSIDERATION AS AN OSRD,THE TRACT SHALL CONSIST OF A PARCEL OR SET OF CONTIGUOUS PARCELS. C. LAND DMSION. TO BE ELIGIBLE FOR CONSIDERATION AS AN OSRD,THE TRACT MAY BE A SUBDIVISION OR A DMSION OF LAND PURSUANT TO G.L.c.41,—8IP PROVIDED, HOWEVER,THAT AN OSRD MAY ALSO BE PERMITTED WHERE INTENDED AS A CONDOMINIUM ON LAND NOT SO DIVIDED OR SUBDIVIDED. —97-47.3. SPECIAL PERMIT REQUIRED. THE PLANNING BOARD MAY AUTHORIZE AN OSRD PURSUANT TO THE GRANT OF A SPECIAL PERMIT. SUCH SPECIAL PERMITS SHALL BE ACTED UPON IN ACCORDANCE WITH THE FOLLOWING PROVISIONS: —97-47.4. PRE-APPLICATION. A. CONFERENCE. THE APPLICANT IS VERY STRONGLY ENCOURAGED TO REQUEST A PRE-APPLICATION REVIEW AT A REGULAR BUSINESS MEETING OF THE PLANNING BOARD. IF ONE IS REQUESTED,THE PLANNING BOARD SHALL INVITE THE CONSERVATION COMMISSION,BOARD OF HEALTH AND HISTORICAL COMMISSION. THE PURPOSE OF A PRE-APPLICATION REVIEW IS TO MINIMIZE THE APPLICANT'S COSTS OF ENGINEERING AND OTHER TECHNICAL EXPERTS,AND TO COMMENCE NEGOTIATIONS WITH THE PLANNING BOARD AT THE EARLIEST POSSIBLE STAGE IN THE DEVELOPMENT. AT THE PRE-APPLICATION REVIEW,THE APPLICANT MAY OUTLINE THE PROPOSED OSRD,SEEK PRELIMINARY FEEDBACK FROM THE PLANNING BOARD AND/OR ITS TECHNICAL EXPERTS,AND SET A TIMETABLE FOR SUBMITTAL OF , A FORMAL APPLICATION. AT THE REQUEST OF THE APPLICANT,AND AT THE EXPENSE OF THE APPLICANT,THE PLANNING BOARD MAY ENGAGE TECHNICAL EXPERTS TO REVIEW THE INFORMAL PLANS OF THE APPLICANT AND TO FACILITATE SUBMITTAL OF A FORMAL APPLICATION FOR AN OSRD SPECIAL PERMIT. B. SUBMITTALS. IN ORDER TO FACILITATE REVIEW OF THE OSRD AT THE PRE- APPLICATION STAGE,APPLICANTS ARE STRONGLY ENCOURAGED TO SUBMIT THE FOLLOWING INFORMATION; (1) SITE CONTEXT MAP. THIS MAP ILLUSTRATES THE PARCEL IN CONNECTION TO ITS SURROUNDING NEIGHBORHOOD. BASED UPON EXISTING DATA SOURCES AND FIELD INSPECTIONS,IT SHOULD SHOW VARIOUS KINDS OF MAJOR NATURAL RESOURCE AREAS OR FEATURES THAT CROSS PARCEL LINES OR THAT ARE LOCATED ON ADJOINING LANDS. THIS MAP ENABLES THE PLANNING BOARD TO UNDERSTAND THE SITE IN RELATION TO WHAT IS OCCURRING ON ADJACENT PROPERTIES. (2) EXISTING CONDITIONS/SITE ANALYSIS MAP. THIS MAP FAMILIARIZES OFFICIALS WITH EXISTING CONDITIONS ON THE PROPERTY. BASED UPON EXISTING DATA SOURCES AND FIELD INSPECTIONS,THIS BASE MAP LOCATES AND DESCRIBES NOTEWORTHY RESOURCES THAT SHOULD BE LEFT PROTECTED THROUGH SENSITIVE SUBDIVISION LAYOUTS. THESE RESOURCES INCLUDE WETLANDS,RIVERFRONT AREAS,FLOODPLAINS AND STEEP SLOPES, BUT MAY ALSO INCLUDE MATURE UN-DEGRADED WOODLANDS, HEDGEROWS,FARMLAND,UNIQUE OR SPECIAL WILDLIFE HABITATS, HISTORIC OR CULTURAL FEATURES(SUCH AS OLD STRUCTURES OR STONE 107 WALLS),UNUSUAL GEOLOGIC FORMATIONS AND SCENIC VIEWS INTO AND OUT FROM THE PROPERTY. WHERE APPROPRIATE,PHOTOGRAPHS OF THESE RESOURCES SHOULD ACCOMPANY THE MAP. BY OVERLAYING THIS PLAN ONTO A DEVELOPMENT PLAN THE PARTIES INVOLVED CAN CLEARLY SEE WHERE CONSERVATION PRIORITIES AND DESIRED DEVELOPMENT OVERLAP/CONFLICT. (3) OTHER INFORMATION. IN ADDITION,APPLICANTS ARE INVITED TO SUBMIT THE INFORMATION SET FORTH IN-97-47.5A IN A FORM ACCEPTABLE TO THE PLANNING BOARD. C. SITE VISIT. APPLICANTS ARE ENCOURAGED TO REQUEST A SITE VISIT BY THE PLANNING BOARD AND/OR ITS AGENTS IN ORDER TO FACILITATE PRE-APPLICATION REVIEW OF THE OSRD. IF ONE IS REQUESTED,THE PLANNING BOARD SHALL INVITE THE CONSERVATION COMMISSION,BOARD OF HEALTH,AND HISTORICAL COMMISSION. D. DESIGN CRITERIA. THE DESIGN PROCESS AND CRITERIA SET FORTH BELOW IN-97- 47.5 SHOULD BE DISCUSSED BY THE PARTIES AT THE PRE-APPLICATION CONFERENCE AND SITE VISIT. -97-47.5. DESIGN PROCESS. AT THE TIME OF THE APPLICATION FOR A SPECIAL PERMIT FOR OSRD IN CONFORMANCE WITH-97- 47.6A,APPLICANTS ARE REQUIRED TO DEMONSTRATE TO THE PLANNING BOARD THAT THE FOLLOWING DESIGN PROCESS WAS PERFORMED BY A MULTIDISCIPLINARY TEAM OF WHICH ONE MEMBER MUST BE A CERTIFIED LANDSCAPE ARCHITECT AND CONSIDERED IN DETERMINING THE LAYOUT OF PROPOSED STREETS,HOUSE LOTS,UNIT PLACEMENT IF TREATED AS A CONDOMINIUM, INCLUDING DESIGNATION OF ALL COMMON AREAS AND OPEN SPACE. A. STEP ONE: IDENTIFYING CONSERVATION AREAS. IDENTIFY PRESERVATION LAND BY TWO STEPS. FIRST,PRIMARY CONSERVATION AREAS(SUCH AS WETLANDS, RIVERFRONT AREAS,AND FLOODPLAINS REGULATED BY STATE OR FEDERAL LAW) AND SECONDARY CONSERVATION AREAS(INCLUDING UNPROTECTED ELEMENTS OF THE NATURAL LANDSCAPE SUCH AS STEEP SLOPES,MATURE WOODLANDS,PRIME FARMLAND,MEADOWS,WILDLIFE HABITATS AND CULTURAL FEATURES SUCH AS HISTORIC AND ARCHAEOLOGICAL SITES AND SCENIC VIEWS)SHALL BE IDENTIFIED AND DELINEATED. SECOND,THE POTENTIALLY DEVELOPABLE AREA SHALL CONSIST OF LAND OUTSIDE IDENTIFIED PRIMARY AND SECONDARY CONSERVATION AREAS. B. STEP TWO: LOCATING HOUSE SITES. LOCATE THE APPROXIMATE SITES OF INDIVIDUAL HOUSES WITHIN THE POTENTIALLY DEVELOPABLE AREA AND INCLUDE THE DELINEATION OF PRIVATE YARDS AND SHARED AMENITIES, SO AS TO REFLECT AN INTEGRATED COMMUNITY,WITH EMPHASIS ON CONSISTENCY WITH THE TOWN'S HISTORICAL DEVELOPMENT PATTERNS. THE NUMBER OF HOMES OR UNITS IF A CONDOMINIUM PROPOSAL ENJOYING THE AMENITIES OF THE DEVELOPMENT SHOULD BE MAXIMIZED. C. STEP THREE: ALIGNING THE STREETS AND TRAILS. ALIGN STREETS IN ORDER TO ACCESS THE HOUSE LOTS OR UNITS. ADDITIONALLY,NEW TRAILS SHOULD BE LAID OUT TO CREATE INTERNAL AND EXTERNAL CONNECTIONS TO EXISTING AND/OR POTENTIAL FUTURE STREETS,SIDEWALKS,AND TRAILS D. STEP FOUR: DRAW IN THE LOT LINES,IF NOT TREATED AS A CONDOMINIUM. -97-47.6. PROCEDURES. A. APPLICATION. AN APPLICATION FOR A SPECIAL PERMIT FOR AN OSRD SHALL BE SUBMITTED ON THE FORM(S)PROVIDED BY THE PLANNING BOARD IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE BOARD. APPLICANTS FOR OSRD SHALL ALSO FILE WITH THE PLANNING BOARD EIGHT(8)COPIES OF THE CONCEPT PLAN. 1 !3 THE CONCEPT PLAN SHALL INCLUDE A SKETCH PLAN AND A YIELD PLAN[SEE SUBSECTION A(I)AND(2)OF THIS SECTION]. THE APPLICANT SHALL SUBMIT BOTH THE SITE CONTEXT MAP AND EXISTING CONDITIONS/SITE ANALYSIS MAP PREPARED ACCORDING TO—97-47.5B ABOVE. ADDITIONAL INFORMATION REASONABLY NECESSARY TO MAKE THE DETERMINATIONS AND ASSESSMENTS CITED HEREIN SHALL BE PROVIDED,INCLUDING EXISTING SITE CONTOUR MAPS AND EXISTING CURRENT SOIL MAPS. (1) SKETCH PLAN. THE SKETCH PLAN SHALL BE PREPARED BY A CERTIFIED LANDSCAPE ARCHITECT,OR BY A MULTI-DISCIPLINARY TEAM OF WHICH ONE MEMBER MUST BE A CERTIFIED LANDSCAPE ARCHITECT,AND SHALL ADDRESS THE GENRAL FEATURES OF THE LAND,AND GIVE APPROXIMATE CONFIGURATIONS OF THE LOTS,OF UNIT PLACEMENTS,IF TREATED AS A CONDOMINIUM,OF OPEN SPACE,AND ROADWAYS. THE SKETCH PLAN SHALL , INCORPORATE THE FOUR-STEP DESIGN PROCESS,ACCORDING TO—97-47.5 ABOVE,AND THE DESIGN STANDARDS ACCORDING TO—97-47.10 BELOW, WHEN DETERMINING A PROPOSED DESIGN FOR THE DEVELOPMENT. THE SKETCH PLAN SHALL INCLUDE THE FOLLOWING: (a) THE SUBDIVISION NAME,BOUNDARIES,NORTH POINT,DATE,LEGEND, TITLE"CONCEPT PLAN"AND SCALE. (b) THE NAME AND ADDRESS OF THE RECORD OWNER OR OWNERS,THE APPLICANT AND THE LANDSCAPE ARCHITECT OR OTHER DESIGNER THAT PREPARED THE PLAN. (c) THE NAMES,APPROXIMATE LOCATION AND WIDTHS OF ADJACENT STREETS. (d) THE PROPOSED TOPOGRAPHY OF THE LAND SHOWN AT A CONTOUR INTERVAL NO GREATER THAN TWO(2)FEET. ELEVATIONS SHALL BE REFERRED TO MEAN SEA LEVEL. (e) THE LOCATION OF EXISTING LANDSCAPE FEATURES INCLUDING FORESTS,FARM FIELDS,MEADOWS,WETLANDS,RTVERFRONT AREAS, WATERBODIES,ARCHAEOLOGICAL AND HISTORIC STRUCTURES OR POINTS OF INTEREST,ROCK OUTCROPS,BOULDER FIELDS,STONE WALLS,CLIFFS,HIGH POINTS,MAJOR LAND VIEWS,FOREST GLADES, ' MAJOR TREE GROUPINGS,NOTEWORTHY TREE SPECIMENS,AND HABITATS OF ENDANGERED OR THREATENED WILDLIFE,AS IDENTIFIED AS PRIMARY AND SECONDARY RESOURCES ACCORDING TO—97-47.5A. PROPOSALS FOR ALL SITE FEATURES TO BE PRESERVED, DEMOLISHED OR MOVED SHALL BE NOTED ON THE SKETCH PLAN. (I) ALL ON-SITE LOCAL,STATE,FEDERAL REGULATORY RESOURCE BOUNDARIES AND BUFFER ZONES SHALL BE CLEARLY IDENTIFIED AND ALL WETLAND FLAG LOCATIONS SHALL BE NUMBERED AND PLACED UPON THE SKETCH PLAN. (g) LINES SHOWING PROPOSED PRIVATE RESIDENTIAL LOTS,AS LOCATED DURING STEP FOUR,—97-47.5D,WITH APPROXIMATE AREAS AND FRONTAGE DIMENSIONS,OR UNIT PLACEMENTS AND PROPOSED COMMON AREAS. (h) ALL EXISTING AND PROPOSED FEATURES AND AMENITIES INCLUDING TRAILS,RECREATION AREAS,PEDESTRIAN AND BICYCLE PATHS, COMMUNITIES BUILDINGS,AND OFF-STREET PARKING AREAS SHALL BE SHOWN ON THE PLAN AND DESCRIBED IN A BRIEF NARRATIVE EXPLANATION WHERE APPROPRIATE. i09 (i) THE EXISTING AND PROPOSED LINES OF STREETS,WAYS, COMMON DRIVEWAYS,EASEMENTS AND ANY PARCEL OF LAND INTENDED TO BE DEDICATED FOR PUBLIC USE OR TO BE RESERVED BY DEED COVENANT FOR USE OF ALL PROPERTY OWNERS IN THE SUBDIVISION, OR UNIT DEVELOPMENT,OR PARCELS OF LAND OR LOTS TO BE USED FOR ANY PURPOSE OTHER THAN PRIVATE RESIDENTIAL SHALL BE SO DESIGNATED WITHIN THE SUBDIVISION IN A GENERAL MANNER. (j) PROPOSED ROADWAY GRADES. (k) OFFICIAL SOIL PERCOLATION TESTS FOR THE PURPOSE OF SITING WASTEWATER TREATMENT OPTIONS ARE NOT REQUIRED FOR THE CONCEPT PLAN. HOWEVER, A NARRATIVE EXPLANATION SHALL BE PREPARED BY A CERTIFIED PROFESSIONAL ENGINEER DETAILING THE PROPOSED WASTEWATER SYSTEMS THAT WILL BE UTILIZED BY THE DEVELOPMENT AND ITS LIKELY IMPACTS ON-SITE AND TO ANY ABUTTING PARCELS OF LAND. FOR EXAMPLE,THE NARRATIVE WILL SPECIFY WHETHER INDIVIDUAL ON-SITE OR OFF-SITE SYSTEMS,SHARED SYSTEMS,ALTERNATIVE TO TITLE V SYSTEMS,OR ANY COMBINATION OF THESE OR OTHER METHODS WILL BE UTILIZED. (j) A NARRATIVE EXPLANATION PREPARED BY A CERTIFIED PROFESSIONAL ENGINEER PROPOSING SYSTEMS FOR STORMWATER DRAINAGE AND ITS LIKELY IMPACTS ON-SITE AND TO ANY ABUTTING PARCELS OF LAND. FOR EXAMPLE, THE NARRATIVE WILL SPECIFY WHETHER SOFT OR HARD ENGINEERING METHODS WILL BE USED AND THE NUMBER OF ANY DETENTION/RETENTION BASINS OR INFILTRATING CATCH BASINS,IT IS NOT INTENDED TO INCLUDE SPECIFIC PIPE SIZES. ANY INFORMATION NEEDED TO JUSTIFY THIS PROPOSAL SHOULD BE INCLUDED IN THE NARRATIVE. THE APPROXIMATE LOCATION OF ANY STORMWATER MANAGEMENT DETENTION/RETENTION BASINS SHALL BE SHOWN ON THE PLAN AND ACCOMPANIED BY A CONCEPTUAL LANDSCAPING PLAN. (m) A NARRATIVE EXPLANATION PREPARED BY A CERTIFIED PROFESSIONAL ENGINEER,DETAILING THE PROPOSED DRINKING WATER SUPPLY SYSTEM. (n) A NARRATIVE EXPLANATION OF THE PROPOSED QUALITY, QUANTITY,USE AND OWNERSHIP OF THE OPEN SPACE. OPEN SPACE PARCELS SHALL BE CLEARLY SHOWN ON THE PLAN. (o) ALL PROPOSED LANDSCAPED AND BUFFER AREAS SHALL BE NOTED ON THE PLAN AND GENERALLY EXPLAINED IN A NARRATIVE. (p) A LIST OF ALL LEGAL DOCUMENTS NECESSARY FOR IMPLEMENTATION OF THE PROPOSED DEVELOPMENT, INCLUDING ANY CONSERVATION RESTRICTIONS,LAND TRANSFERS,AND MASTER DEEDS OR CONDOMINIUM DOCUMENTS,WITH AN ACCOMPANYING NARRATIVE EXPLAINING THEIR GENERAL PURPOSE. 14A (q) A NARRATIVE INDICATING ALL REQUESTED WAIVERS, REDUCTIONS,AND/OR MODIFICATIONS AS PERMITTED WITHIN THE REQUIREMENTS OF THIS BYLAW. (2) YIELD PLAN. APPLICANT SHALL SUBMIT A NARRATIVE EXPLANATION DETAILING THE RESULTS OF THE DETERMINATION OF ANY PROPOSED ALLOCATION OF YIELD DETERMINED ACCORDING TO—97-47.7,BASIC MAXIMUM NUMBER(OF LOTS/UNITS/BEDROOMS). (3) RELATIONSHIP BETWEEN CONCEPT PLAN AND DEFINITIVE SUBDIVISION PLAN. THE CONCEPT PLAN SPECIAL PERMIT SHALL BE RECONSIDERED IF THERE IS SUBSTANTIAL VARIATION BETWEEN THE DEFINITIVE SUBDIVISION PLAN AND THE CONCEPT PLAN. IF THE PLANNING BOARD FINDS THAT SUBSTANTIAL VARIATION EXISTS,IT , SHALL HOLD A PUBLIC HEARING ON THE MODIFICATIONS TO THE CONCEPT PLAN. A SUBSTANTIAL VARIATION SHALL BE ANY OF THE FOLLOWING: (a) AN INCREASE IN THE NUMBER OF BUILDING LOTS,AND/OR UNITS; (b) A SIGNIFICANT DECREASE IN THE OPEN SPACE ACREAGE; (c) A SIGNIFICANT CHANGE IN THE LOT LAYOUT,OR UNIT PLACEMENT; (d) A SIGNIFICANT CHANGE IN THE GENERAL DEVELOPMENT PATTERN WHICH ADVERSELY AFFECTS NATURAL LANDSCAPE FEATURES AND OPEN SPACE PRESERVATION; (e) SIGNIFICANT CHANGES TO THE STORMWATER MANAGEMENT FACILITIES;AND/OR (f) SIGNIFICANT CHANGES IN THE WASTEWATER MANAGEMENT SYSTEMS, B. PROCEDURES. WHENEVER AN APPLICATION FOR AN OSRD SPECIAL PERMIT IS FILED WITH THE PLANNING BOARD,THE APPLICANT SHALL ALSO FILE, WITHIN FIVE(5)WORKING DAYS OF THE FILING OF THE COMPLETED APPLICATION,COPIES OF THE APPLICATION,ACCOMPANYING DEVELOPMENT PLAN,AND OTHER DOCUMENTATION,TO THE BOARD OF HEALTH, CONSERVATION COMMISSION,HISTORICAL COMMISSION,BUILDING INSPECTOR,HIGHWAY DEPARTMENT,POLICE CHIEF,FIRE CHIEF,AND TOWN ENGINEER FOR THEIR CONSIDERATION,REVIEW AND REPORT. THE APPLICANT SHALL FURNISH THE COPIES NECESSARY TO FULFILL THIS ' REQUIREMENT. REPORTS FROM OTHER BOARDS AND OFFICIALS SHALL BE SUBMITTED TO THE PLANNING BOARD WITHIN THIRTY-FIVE(35)DAYS OF RECEIPT OF THE REVIEWING PARTY OF ALL OF THE REQUIRED MATERIALS; FAILURE OF THESE REVIEWING PARTIES TO MAKE RECOMMENDATIONS AFTER HAVING RECEIVED COPIES OF ALL SUCH REQUIRED MATERIALS SHALL BE DEEMED A LACK OF OPPOSITION THERETO. IN THE EVENT THAT THE PUBLIC HEARING BY THE PLANNING BOARD IS HELD PRIOR TO THE EXPIRATION OF THE 35-DAY PERIOD,THE PLANNING BOARD SHALL CONTINUE THE PUBLIC HEARING TO PERMIT THE FORMAL SUBMISSION OF REPORTS AND RECOMMENDATIONS WITHIN THAT 35-DAY PERIOD. THE DECISIONNINDINGS OF THE PLANNING BOARD SHALL CONTAIN,IN WRITING,AN EXPLANATION FOR ANY DEPARTURES FROM THE RECOMMENDATIONS OF ANY REVIEWING PARTY. C. SITE VISIT. WHETHER OR NOT CONDUCTED DURING THE PRE-APPLICATION STATE,THE PLANNING BOARD SHALL CONDUCT A SITE VISIT DURING THE PUBLIC HEARING. AT THE SITE VISIT,THE PLANNING BOARD AND/OR ITS AGENTS SHALL BE ACCOMPANIED BY THE APPLICANT AND/OR ITS AGENTS. D. OTHER INFORMATION. THE SUBMITTALS AND PERMITS OF THIS SECTION SHALL BE IN ADDITION TO ANY OTHER REQUIREMENTS OF THE SUBDIVISION CONTROL LAW OR ANY OTHER PROVISIONS OF THIS ZONING BYLAW. TO THE 1 EXTENT PERMITTED BY LAW,THE PLANNING BOARD SHALL COORDINATE THE PUBLIC HEARING REQUIRED FOR ANY APPLICATION FOR A SPECIAL PERMIT FOR AN OSRD WITH THE PUBLIC HEARING REQUIRED FOR APPROVAL OF A DEFINITIVE SUBDIVISION PLAN. —97-47.7. BASIC MAXIMUM NUMBER OF LOTS. THE BASIC MAXIMUM NUMBER SHALL BE DERIVED FROM A YIELD PLAN. THE YIELD PLAN SHALL SHOW THE MAXIMUM NUMBER OF SINGLE FAMILY LOTS THAT COULD BE PLACED UPON THE SITE UNDER A CONVENTIONAL SUBDIVISION. THE YIELD PLAN SHALL CONTAIN THE INFORMATION REQUIRED FOR A SKETCH PLAN AS SET FORTH ABOVE IN—97-47.6. THE PROPONENT SHALL HAVE THE BURDEN OF PROOF WITH REGARD TO THE BASIC MAXIMUM NUMBER OF LOTS RESULTING FROM THE DESIGN AND ENGINEERING SPECIFICATIONS SHOWN ON THE YIELD PLAN. —97-47.8. REDUCTION OF DIMENSIONAL REQUIREMENTS THE PLANNING BOARD ENCOURAGES APPLICANTS TO MODIFY LOT SIZE,UNIT PLACEMENT,SHAPE, AND OTHER DIMENSIONAL REQUIREMENTS FOR LOTS WITHIN AN OSRD, SUBJECT TO THE FOLLOWING LIMITATIONS: A. LOTS HAVING REDUCED AREA OR FRONTAGE SHALL NOT HAVE FRONTAGE ON A STREET OTHER THAN A STREET CREATED BY THE OSRD;PROVIDED,HOWEVER,THAT THE PLANNING BOARD MAY WAIVE THIS REQUIREMENT WHERE IT IS DETERMINED THAT SUCH REDUCED LOT(S)WILL FURTHER THE GOALS OF THIS BYLAW. B. A LEAST 50%OF THE REQUIRED SETBACKS FOR THE DISTRICT SHALL BE MAINTAINED IN THE OSRD UNLESS A REDUCTION IS OTHERWISE AUTHORIZED BY THE PLANNING BOARD. WHERE STRUCTURES CONTAINING THREE TO FOUR DWELLING UNITS ARE BEING PROPOSED,THE SIDE LOT LINES BETWEEN UNITS MAY BE 0',HOWEVER THE DISTANCE BETWEEN STRUCTURES SHALL BE A MINIMUM OF TWENTY(20)FEET. C. MINIMUM FRONTAGE: THE MINIMUM FRONTAGE MAY BE REDUCED FROM THE FRONTAGE OTHERWISE REQUIRED IN THE ZONING DISTRICT,PROVIDED,HOWEVER, THAT NO LOT SHALL HAVE LESS THAN FIFTY(50)FEET OF FRONTAGE. D. SETBACKS: EVERY DWELLING FRONTING ON THE PROPOSED ROADWAYS SHALL BE SET BACK A MINIMUM OF TWENTY(20)FEET FROM THE ROADWAY RIGHT-OF-WAY, AND TEN(10)FEET FROM ANY REAR OR SIDE LOT LINE. IN THE EVENT THAT DWELLINGS ARE LOCATED ON EXCLUSIVE USE AREAS OR CONTAIN NO INTERIOR LOT LINES,A MINIMUM DISTANCE OF TWENTY(20)FEET BETWEEN SINGLE AND TWO- FAMILY DWELLINGS SHALL BE REQUIRED. —97-47.9. OPEN SPACE REQUIREMENTS. A. OPEN SPACE. A MINIMUM OF FIFTY PERCENT(50%)OF THE UPLAND SHOWN ON THE DEVELOPMENT PLAN SHALL BE OPEN SPACE. ANY PROPOSED OPEN SPACE,UNLESS CONVEYED TO THE TOWN OR ITS CONSERVATION COMMISSION, SHALL BE SUBJECT TO A PERMANENT CONSERVATION OR AGRICULTURAL PRESERVATION RESTRICTION IN ACCORDANCE WITH G.L. c 184 s31,APPROVED BY THE PLANNING BOARD AND BOARD OF SELECTMEN/TOWN COUNSEL AND ENFORCEABLE BY THE TOWN, CONFORMING TO THE STANDARDS OF THE MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS,DIVISION OF CONSERVATION SERVICES,PROVIDING THAT SUCH LAND SHALL BE PERPETUALLY KEPT IN AN OPEN STATE,THAT IT SHALL BE PRESERVED EXCLUSIVELY FOR THE PURPOSES SET FORTH HEREIN,AND THAT IT SHALL BE MAINTAINED IN A MANNER WHICH WILL ENSURE ITS SUITABILITY FOR ITS INTENDED PURPOSES. (1) THE OPEN SPACE SHALL BE CONTIGUOUS. CONTIGUOUS SHALL BE DEFINED AS BEING CONNECTED. OPEN SPACE WILL STILL BE CONSIDERED CONNECTED IF IT IS SEPARATED BY A ROADWAY OR AN ACCESSORY AMENITY. THE PLANNING 112 BOARD MAY WAIVE THIS REQUIREMENT FOR ALL OR PART OF THE REQUIRED OPEN SPACE WHERE IT IS DETERMINED THAT ALLOWING NON-CONTIGUOUS OPEN SPACE WILL PROMOTE THE GOALS OF THIS BYLAW AND/OR PROTECT IDENTIFIED PRIMARY AND SECONDARY CONSERVATION AREAS. (2) THE OPEN SPACE SHALL BE USED FOR WILDLIFE HABITAT AND CONSERVATION AND THE FOLLOWING ADDITIONAL PURPOSES: HISTORIC PRESRVATION, OUTDOOR EDUCATION,PASSIVE RECREATION,AGRICULTURE,HORTICULTURE, FORESTRY,A COMBINATION OF THESE USES,AND SHALL BE SERVED BY SUITABLE ACCESS FOR SUCH PURPOSES. THE PLANNING BOARD MAY PERMIT A SMALL PORTION OF THE OPEN SPACE TO BE PAVED OR BUILT UPON FOR STURCTURES ACCESSORY TO THE DEDICATED USE OR USES OF SUCH OPEN SPACE (i.e.,PEDESTRIAN WALKS AND BIKE PATHS)SO LONG AS IT SUPPORTS THE PRIMARY AND SECONDARY PURPOSES OF THE OSRD. , (3) WASTEWATER AND STORMWATER MANAGEMENT SYSTEMS SERVING THE OSRD MAY BE LOCATED WITHIN THE OPEN SPACE. SURFACE SYSTEMS,SUCH AS RETENTION AND DETENTION PONDS,SHALL NOT QUALIFY TOWARDS THE MINIMUM OPEN SPACE REQUIRED B. OWNERSHIP OF THE OPEN SPACE. THE OPEN SPACE SHALL,AT THE PLANNING BOARD'S ELECTION,BE CONVEYED TO: (1) THE TOWN OR ITS CONSERVATION COMMISSION; (2) A NONPROFIT ORGANIZATION,THE PRINCIPAL PURPOSE OF WHICH IS THE CONSERVATION OF OPEN SPACE AND ANY OF THE PURPOSES FOR SUCH OPEN SPACE SET FORTH ABOVE; (3) A CORPORATION,HOMEOWNERS ASSOCIATION OR TRUST OWNED JOINTLY OR IN COMMON BY THE OWNERS OF LOTS OR UNITS WITHIN THE OSRD. IF SUCH CORPORATION OR TRUST IS UTILIZED,OWNERSHIP THEREOF SHALL PASS WITH CONVEYANCE OF THE LOTS IN PERPETUITY. MAINTENANCE OF SUCH OPEN SPACE AND FACILITIES SHALL BE PERMANENTLY GUARANTEED BY SUCH CORPORATION OR TRUST WHICH SHALL PROVIDE FOR MANDATORY ASSESSMENTS FOR MAINTENANCE EXPENSES TO EACH LOT AND UNIT. EACH INDIVIDUAL DEED,AND THE DEED OR TRUST OR ARTICLES OF INCORPORATION, SHALL INCLUDE PROVISIONS DESIGNED TO EFFECT THESE PROVISIONS. DOCUMENTS CREATING SUCH HOMEOWNERS ASSOCIATION,TRUST OR CORPORATION SHALL BE SUBMITTED TO THE PLANNING BOARD FOR APPROVAL, , AND SHALL THEREAFTER BE RECORDED. (4) A PRIVATE OWNER FOR AGRICULTURAL,HORTICULTURAL OR FORESTRY C. MAINTENANCE OF OPEN SPACE. IN ANY CASE WHERE OPEN SPACE IS NOT CONVEYED TO THE TOWN,THE TOWN SHALL BE GRANTED AN EASEMENT OVER SUCH LAND SUFFICIENT TO ENSURE ITS PERPETUAL MAINTENANCE AS CONSERVATION OR RECREATION LAND. SUCH EASEMENT SHALL PROVIDE THAT IN THE EVENT THE TRUST OR OTHER OWNER FAILS TO MAINTAIN THE OPEN SPACE IN REASONABLE CONDITION,THE TOWN MAY,AFTER NOTICE TO THE LOT OWNERS AND PUBLIC HEARING,ENTER UPON SUCH LAND TO MAINTAIN IT IN ORDER TO PREVENT OR ABATE A NUISANCE. THE COST OF SUCH MAINTENANCE BY THE TOWN SHALL BE ASSESSED AGAINST THE PROPERTIES WITHIN THE DEVELOPMENT AND/OR TO THE OWNER OF THE OPEN SPACE. THE TOWN MAY FILE A LIEN AGAINST THE LOT OR LOTS TO ENSURE PAYMENT OF SUCH MAINTENANCE. —97-47.10. DESIGN STANDARDS THE FOLLOWING GENERIC AND SITE SPECIFIC DESIGN STANDARDS SHALL APPLY TO ALL OSRD'S AND SHALL GOVERN THE DEVELOPMENT AND DESIGN PROCESS: A. GENERIC DESIGN STANDARDS. 11 (1) THE LANDSCAPE SHALL BE PRESERVED IN ITS NATURAL STATE,INSOFAR AS PRACTICABLE,BY MINIMIZING TREE AND SOIL REMOVAL. ANY GRADE CHANGES SHALL BE IN KEEPING WITH THE GENERAL APPEARANCE OF THE NEIGHBORING DEVELOPED AREAS. THE ORIENTATION OF INDIVIDUAL BUILDING SITES SHALL BE SUCH AS TO MAINTAIN MAXIMUM NATURAL TOPOGRAPHY AND COVER. TOPOGRAPHY,TREE COVER,AND NATURAL DRAINAGE WAYS SHALL BE TREATED AS FIXED DETERMINANTS OF ROAD AND LOT CONFIGURATION RATHER THAN AS MALLEABLE ELEMENTS THAT CAN BE CHANGED TO FOLLOW A PREFERRED DEVELOPMENT SCHEME. (2) STREETS SHALL BE DESIGNED AND LOCATED IN SUCH A MANNER AS TO I MAINTAIN AND PRESERVE NATURAL TOPOGRAPHY,SIGNIFICANT LANDMARKS,AND TREES;TO MINIMIZE CUT AND FILL;AND TO PRESERVE AND ENHANCE VIEWS AND VISTAS ON OR OFF THE SUBJECT PARCEL. (3) MIXED-USE DEVELOPMENT SHALL BE RELATED HARMONIOUSLY TO THE TERRAIN AND THE USE, SCALE AND ARCHITECTURE OF EXISTING BUILDINGS IN THE VICINITY THAT HAVE FUNCTIONAL OR VISUAL RELATIONSHIP TO THE PROPOSED BUILDINGS. PROPOSED BUILDINGS SHALL BE RELATED TO THEIR SURROUNDINGS. (4) ALL OPEN SPACE(LANDSCAPED AND USABLE)SHALL BE DESIGNED TO ADD TO THE VISUAL AMENITIES OF THE AREA BY MAXIMIZING ITS VISIBILITY FOR PERSONS PASSING THE SITE OR OVERLOOKING IT FROM NEARBY PROPERTIES. (5) TH REMOVAL OR DISRUPTION OF HISTORIC,TRADITIONAL OR SIGNIFICANT USES, STRUCTURES,OR ARCHITECTURAL ELEMENTS SHALL BE MINIMIZED INSOFAR AS PRACTICABLE,WHETHER THESE EXIST ON THE SITE OR ON ADJACENT PROPERTIES. B. SITE SPECIFIC DESIGN STANDARDS. (1) MIX OF HOUSING TYPES. THE OSRD MAY CONSIST OF ANY COMBINATION OF SINGLE-FAMILY AND TWO-FAMILY STRUCTURES. MULTIFAMILY STRUCTURES AS PERMITTED UNDER-97-47.12 MAY ALSO BE INCLUDED. (2) PARKING. EACH DWELLING UNIT SHALL BE SERVED BY TWO(2)OFF-STREET PARKING SPACES. PARKING SPACES IN FRONT OF GARAGES MAY COUNT IN THIS COMPUTATION. (3) DRAINAGE. THE PLANNING BOARD SHALL ENCOURAGE THE USE OF"SOFT" (NON-STRUCTURAL)STORMWATER MANAGEMENT TECHNIQUES(SUCH AS SWALES)AND OTHER DRAINAGE TECHNIQUES THAT REDUCE IMPERVIOUS SURFACE AND ENABLE INFILTRATION WHERE APPROPRIATE. (4) SCREENING AND LANDSCAPING. ALL STRUCTURAL SURFACE STORMWATER MANAGEMENT FACILITIES SHALL BE ACCOMPANIED BY A CONCEPTUAL LANDSCAPE PLAN. (5) ON-SITE PEDESTRIAN AND BICYCLE CIRCULATION. WALKWAYS,TRAILS AND BICYCLE PATHS SHALL BE PROVIDED TO LINK RESIDENCES WITH RECREATION FACILITIES(INCLUDING PARKLAND AND OPEN SPACE)AND ADJACENT LAND USES WHERE APPROPRIATE. (6) DISTURBED AREAS. EVERY EFFORT SHALL BE MADE TO MINIMIZE THE AREA OF DISTURBED AREAS ON THE TRACT. A DISTURBED AREA IS ANY LAND NOT LEFT IN ITS NATURAL VEGETATED STATE. -97-47.11. DECISION OF THE PLANING BOARD THE PLANNING BOARD MAY GRANT A SPECIAL PERMIT FOR AN OSRD IF IT DETERMINES THAT THE PROPOSED OSRD HAS LESS DETRIMENTAL IMPACT ON THE TRACT THAN A CONVENTIONAL DEVELOPMENT PROPOSED FOR THE TRACT,AFTER CONSIDERING THE FOLLOWING FACTORS: A. WHETHER THE OSRD ACHIEVES GREATER FLEXIBILITY AND CREATIVITY IN THE . DESIGN OF RESIDENTIAL OR UNIT DEVELOPMENTS THAN A CONVENTIONAL PLAN; B. WHETHER THE OSRD PROMOTES PERMANENT PRESERVATION OF OPEN SPACE, AGRICULTURAL LAND,FORESTRY LAND,OTHER NATURAL RESOURCES INCLUDING WAIERBODIES AND WETLANDS,AND HISTORICAL AND ARCHAEOLOGICAL RESOURCES; C. WHETHER THE OSRD PROMOTES A LESS SPRAWLING AND MORE EFFICIENT FORM OF DEVELOPMENT THAT CONSUMES LESS OPEN LAND AND CONFORMS TO EXISTING TOPOGRAPHY AND NATURAL FEATURES BETTER THAN A CONVENTIONAL SUBDIVISION; D. WHETHER THE OSRD REDUCES THE TOTAL AMOUNT OF DISTURBANCE ON THE SITE; E. WHETHER THE OSRD FURTHERS THE GOALS AND POLICIES OF THE[CHOOSE] OPEN SPACE/MASTER/COMPREHENSIVE PLAN(S); F. WHETHER THE OSRD FACILITATES THE CONSTRUCTION AND MAINTENANCE OF STREETS,UTILITIES,AND PUBLIC SERVICE IN A MORE ECONOMICALAND EFFICIENT MANNER; G. WHETHER THE CONCEPT PLAN AND ITS SUPPORTING NARRATIVE DOCUMENTATION COMPLIES WITH ALL SECTIONS OF THIS ZONING BYLAW. -9747.12. INCREASES INPERMISSIBLE DENSITY THE PLANNING BOARD MAY AWARD A DENSITY BONUS TO INCREASE THE NUMBER OF DWELLING UNITS BEYOND THE BASIC MAXIMUM NUMBER THE DENSITY BONUS FOR THE OSRD SHALL NOT,IN THE AGGREGATE,EXCEED FIFTY PERCENT(50%)OF THE BASIC MAXIMUM NUMBER. COMPUTATIONS SHALL BE ROUNDED TO THE LOWEST NUMBER. A DENSITY BONUS MAY BE AWARDED IN THE FOLLOWING CIRCUMSTANCES: A. FOR EACH ADDITIONAL TEN PERCENT(10%)OF THE SITE(OVER AND ABOVE THE REQUIRED 50%)SET ASIDE AS OPEN SPACE,A BONUS OF FIVE PERCENT(5%)OF THE BASIC MAXIMUM NUMBER MAY BE AWARDED. B. FOR EVERY ONE(1)DWELLING UNIT RESTRICTED TO OCCUPANCY FOR A PERIOD IN PERPETUITY BY PERSONS OR FAMILIES WHO QUALIFY AS LOW OR MODERATE INCOME,AS THOSE TERMS ARE DEFINED FOR THE AREA BY THE COMMONWEALTH'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT,ONE(1)DWELLING UNIT MAY BE ADDED AS A DENSITY BONUS. MULTIFAMILY STRUCTURES OF NOT ' MORE THAN FOUR(4)UNITS ARE PERMITTED IF ALL UNITS ARE RESTRICTED TO OCCUPANCY BY LOW OR MODERATE INCOME PERSONS OR FAMILIES. C. FOR EVERY HISTORIC STRUCTURE PRESERVED AND SUBJECT TO A HISTORIC PRESERVATION RESTRICTION,ONE(1)DWELLING UNIT MAY BE ADDED AS A DENSITY BONUS. -97-47.13. SEVERABILITY. IF ANY PROVISIONS OF THIS BYLAW IS HELD INVALID BY A COURT OF COMPETENT JURISDICTION, THE REMAINDER OF THE BYLAW SHALL NOT BE AFFECTED THEREBY. THE INVALIDITY OF ANY SECTION OR SECTIONS OR PARTS OF ANY SECTION OR SECTIONS OF THIS BYLAW SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER OF THE TOWN'S ZONING BYLAW; OR TO TAKE ANY OTHER ACTION RELATIVE THERETO. ARTICLE 7. TO SEE IF THE TOWN OF NEWBURY WILL VOTE TO AMEND ITS ZONING BYLAW BY ADDING ARTICLE XIC(COMMON DRIVEWAYS)WHICH WOULD ALLOW COMMON DRIVEWAYS THAT WOULD SERVE UP TO THREE SINGLE FAMILY RESIDENCES OR TWO DUPLEX RESIDENCES BY SPECIAL PERMIT OF THE PLANNING BOARD. THE PROPOSED LANGUAGE WOULD READ AS FOLLOWS: ARTICLE XIC(COMMON DRIVEWAYS) 115 97-47-26. PURPOSE AND INTENT THE PURPOSE OF THE COMMON DRIVEWAY BYLAW IS TO PROVIDE AN ALTERNATIVE TO INDIVIDUAL DRIVEWAYS THAT WOULD ALLOW THE PRESERVATION AND PROTECTION OF NATURAL FEATURES,THE REDUCTION OF IMPACTS TO WETLANDS AND THE RETENTION OF THE RURAL QUALITY OF NEWBURY WHILE PROVIDING SAFE VEHICULAR TRAVEL FROM THE ACCESS POINT ONTO THE PUBLIC WAY,REDUCING CURB CUTS,IMPROVING SIGHT DISTANCES AND PROVIDING ADEQUATE ACCESS FOR EMERGENCY VEHICLES. IT IS NOT THE INTENT OF THIS BYLAW TO SUBVERT THE SUBDMSION REGULATIONS BUT TO OFFER AN OPTION TO THE INSTALLATION OF INDIVIDUAL DRIVEWAYS. 97-47-27. ELIGIBILITY UP TO THREE SINGLE-FAMILY LOTS OR TWO DUPLEX LOTS OR ONE DUPLEX LOT AND ONE SINGLE- FAMILY LOT ARE ELIGIBLE UNDER THE PROVISIONS OF THIS BYLAW. ALL LOTS ARE REQUIRED TO HAVE ADEQUATE AND VIABLE FRONTAGE,WHICH COMPLIES WITH THE NEWBURY PROTECTIVE ZONING BYLAW,AND SHALL BE LOCATED ON A PUBLIC WAY. 97-47-28. SPECIAL PERMIT REQUIRED THE PLANNING BOARD SHALL MAKE THE FOLLOWING FINDINGS RELATIVE TO THE COMMON DRIVEWAY SPECIAL PERMIT: A. THE USE REQUESTED IS NOTED IN THE ZONING BYLAW AS A SPECIAL PERMIT IN THE DISTRICT FOR WHICH THE APPLICATION IS MADE; B. THE REQUESTED USE IS ESSENTIAL AND/OR DESIREABLE TO PUBLIC CONVENIENCE OR WELFARE; C. THE REQUESTED USE WILL NOT CREATE UNDUE TRAFFIC CONGESTION OR UNDULY IMPAIR PEDESTRIAN SAFETY; D. THE REQUESTED USE WILL NOT OVERLOAD PUBLIC WATER,DRAINAGE, SEWER SYSTEMS OR ANY MUNICIPAL SYSTEMS TO SUCH AN EXTENT THAT THE REQUESTED USE OR ANY DEVELOPED USE IN THE IMMEDIATE AREA OR ANY OTHER AREA OF THE TOWN WILL BE UNDULY SUBJECTED TO HAZARDS AFFECTING THE HEALTH, SAFETY AND GENERAL WELFARE OF THE COMMUNITY; E. ANY SPECIAL REQUIREMENTS FOR USE SET FORTH ARE FULFILLED; F. THE REQUESTED USE WILL NOT IMPAIR THE INTEGRITY OR CHARACTER OF THE DISTRICT OR ADJOINING DISTRICTS NOR BE DETRIMENTAL TO THE HEALTH,SAFETY OR WELFARE OF THE IMMEDIATE RESIDENTS OR THE RESIDENTS OF THE COMMUNITY. 97-47-29 DESIGN STANDARDS A. APPLICATION REQUIREMENTS: 1. APPLICATION FEE IN ACCORDANCE WITH PLANNING BOARD FEE SCHEDULE; 2. OVERALL PLAN SHOWING ALL LOTS INVOLVED AND ABUTTING LOTS;ABUTTERS NAMES,WETLANDS;TOPOGRAPHY(2 FOOT CONTOUR INTERVAL);EDGE OF PAVEMENTS(PROPOSED AND EXISTING);CONCEPTUAL OR EXISTING LOCATION OF DWELLINGS AND SEPTIC SYSTEMS;NATURAL FEATURES OF THE LAND INCLUDING LARGE TREES,ROCK OUTCROPPINGS, STONE WALLS AND OTHER FEATURES. 3. PLAN OF LAND PREPARED BY A REGISTERED LAND SURVEYOR SHOWING EASEMENTS AND PROPERTY LINES SUITABLE FOR RECORDING AT THE REGISTRY; 4. GRADING PLAN AND PROFILE AT 40 SCALE,PREPARED BY A PROFESSIONAL ENGINEER, SHOWING DRAINAGE,PROPOSED AND EXISTING CONTOURS,WITH A COMMON DRIVEWAY CROSS SECTION; 116 5. PROPOSED SIGNAGE AND PROPOSED LOCATION OF SIGN; 6. CERTIFIED LIST OF ABUTTERS; 7. LEGAL DOCUMENTATION OF EASEMENTS AND OTHER LEGAL INSTRUMENTS PREPARED BY AN ATTORNEY. B. COMMON DRIVEWAY SPECIFICATIONS: 1. MINIMUM WIDTH SHALL BE 16 FEET,AND SHALL PROVIDE ADEQUATE ACCESS FOR EMERGENCY VEHICLES; 2. A MINIMUM OF 12"COMPACTED GRAVEL BASE; 3. MAXIMUM CENTER LINE SLOPE SHALL BE 15 PERCENT; 4. DRIVEWAY SHALL BE CROWNED,SO DRAINAGE IS NOT CROSSING DRIVEWAY SURFACE. WHEN DRAINAGE MUST CROSS DRIVE,IT SHALL BE DONE IN A CLOSED , CULVERT MINIMUM 12"DIAMETER UNDER THE ROAD. DRAINAGE FOR DRIVE AND LOTS SHALL BE CONTROLLED ON SITE(OR ADEQUATE PROVISIONS AND EASEMENTS MADE FOR OFF-SITE CONTROL OF DRAINAGE); 5. THE MINIMUM WIDTH OF EASEMENT SHALL BE 30 FEET; 6. THE ACUTE ANGLE OF THE INTERSECTION OF THE DRIVEWAY AND THE STREET SHALL BE NOT LESS THAN 60 DEGREES; 7. THE GENERAL LAYOUT AND ALIGNMENT SHALL BLEND WITH THE EXISTING TOPOGRAPHY AND LANDSCAPING OF THE AREA. C. EASEMENTS AND MAINTENANCE AGREEMENTS. PRIOR TO PLANNING BOARD ENDORSEMENT OF THE PLAN AND ISSUANCE OF THE COMMON DRIVEWAY PERMIT,TOWN COUNSEL SHALL REVIEW AND APPROVE THE FOLLOWING: I. DEED REQUIREMENTS. ALL DEEDS OF OWNERSHIP OF LOTS SERVED BY A COMMON DRIVEWAY SHALL REQUIRE THAT THE OWNERS OF SAID LOTS SHALL BE MEMBERS OF AN ASSOCIATION OR A HOMEOWNERS AGREEMENT,WHOSE PURPOSE IS TO PROVIDE FOR THE MAINTENANCE OF THE COMMON DRIVEWAY IN ORDER TO PERPETUALLY PROVIDE SAFE CONTINUOUS ACCESS FOR THE OWNERS OF SAID LOTS AND THE TOWN IN CASE OF AN EMERGENCY. EACH LOT SERVED BY THE COMMON DRIVEWAY MUST HAVE PERMANENT ACCESS TO THE COMMON DRIVEWAY BY EASEMENTS RECORDED AT THE REGISTRY OF DEEDS. SUCH EASEMENTS SHALL INCLUDE THE RIGHTS FOR MOTOR VEHICLES TO FREELY PASS AND REPASS. SUCH EASEMENTS SHALL INCLUDE THE RIGHT TO INSTALL,REPAIR,AND MAINTAIN DRAINS,CULVERTS,ROADWAY SURFACE AND OTHER UTILITIES LOCATED UNDER,ACROSS AND/OR ALONG THE COMMON ' DRIVEWAY. THE DEED SHALL STATE THAT THE COMMON DRIVEWAY IS NOT A TOWN ROAD AND SHALL NOT BE CONSIDERED A TOWN ROAD IN THE FUTURE, THEREFORE,TOWN MAINTENANCE IS NOT AN OBLIGATION OF THE TOWN; 2. OWNER'S AND/OR ASSOCIATION AGREEMENT. THE OWNERS/ASSOCIATION AGREEMENT MUST IMPOSE UPON THE MEMBERS THE OBLIGATION OF REPAIR, MAINTENANCE AND SNOW REMOVAL SO AS TO CAUSE THE DRIVEWAY, INCLUDING THE DRAINAGE SERVING THE DRIVEWAY AND THE SIGHT LINES TO THE INTERSECTING PUBLIC WAY,TO BE REPAIRED OR MAINTAINED IN SUCH A MANNER AS TO INSURE THE CONTINUOUS YEAR-ROUND ACCESS TO EACH LOT BY THE OWNERS OF SAID LOTS,FIRE,POLICE,AMBULANCE AND OTHER VEHICLES,THE ADEQUATE DELIVERY OF PUBLIC AND PRIVATE UTILITIES TO THE LOTS SERVED BY THE DRIVEWAY,AND SO THAT THE INITIAL SPECIFICATIONS(OR IMPROVED SPECIFICATIONS)OF THE COMMON DRIVEWAY ARE MAINTAINED. 97-47-30. PROCEDURES AND DECISION OF THE PLANNING BOARD A. COMMON DRIVEWAY PERMITTING PROCESS: THE NEWBURY PLANNING BOARD SHALL FOLLOW THE PROCEDURES NOTED IN SECTION 97-51 OF THE NEWBURY ZONING BYLAW. THREE COPIES OF THE APPLICATION PACKAGE AND PLANS SHALL BE SUBMITTED TO THE PLANNING BOARD AT A REGULARLY SCHEDULED MEETING; 117 B. DECISION OF THE PLANNING BOARD: THE NEWBURY PLANNING BOARD MAY CONDITION THE SPECIAL PERMIT DECISION SO AS TO MEET THE INTENT OF THE BYLAW AND TO INSURE THE HEALTH, SAFETY AND WELFARE OF THE APPLICANTS AS WELL AS THE RESIDENTS OF THE COMMUNITY. AS A CONDITION OF THE APPROVAL THE PLANNING BOARD MAY CONDITION THE SPECIAL PERMITS SO THAT NO CERTIFICATE OF OCCUPANCY SHALL BE ISSUED UNTIL THE COMMON DRIVEWAY HAS BEEN CONSTRUCTED IN ACCORDANCE WITH THESE RULES AND REGULATIONS AS DEEMED BY THE NEWBURY PLANNING BOARD. NO CERTIFICATE OF OCCUPANCY SHALL BE ISSUED UNTIL PLANS AND ASSOCIATION DOCUMENTS ARE PROPERLY RECORDED. 97-47-31. SEVERABILITY IF ANY PROVISION OF THIS BYLAW IS HELD INVALID BY A COURT OF COMPETENT JURISDICTION,THE REMAINDER OF THE BYLAW SHALL NOT BE AFFECTED THEREBY. THE INVALIDITY OF ANY SECTION OR SECTIONS OR PARTS OF ANY SECTION OR SECTIONS OF THIS BYLAW SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER OF THE TOWN'S ZONING BYLAW. OR TAKE ANY OTHER ACTION RELATIVE THERETO. ARTICLE 8. TO SEE IF THE TOWN OF NEWBURY WILL VOTE TO AMEND ITS PROTECTIVE ZONING BYLAW TO ALLOW FOR ONE ASSOCIATE MEMBER TO BE ADDED TO THE NEWBURY PLANNING BOARD IN ACCORDANCE WITH THE PROVISIONS OF M.G.L.CHAPTER 40A, SECTION 9 BY INSERTING THE FOLLOWING PARAGRAPH 97-51.(SPECIAL PERMIT PROCEDURES-PUBLIC HEARING): "WHEN A FIVE MEMBER PLANNING BOARD HAS BEEN DESIGNATED AS THE SPECIAL PERMIT GRANTING AUTHORITY,ONE ASSOCIATE MEMBER MAY BE AUTHORIZED FOR A ONE YEAR TERM. THE BOARD OF SELECTMEN SHALL AUTHORIZE/APPOINT THE ASSOCIATE MEMBER WHO, UPON THE DESIGNATION OF THE CHAIRMAN OF THE PLANNING BOARD, SHALL SIT ON THE BOARD FOR THE PURPOSES OF ACTING ON A SPECIAL PERMIT APPLICATION,IN THE CASE OF ABSENCE, INABILITY TO ACT,OR CONFLICT OF INTEREST,ON THE PART OF ANY MEMBER OR IN THE EVENT OF A VACANCY ON THE BOARD." OR TAKE ANY ACTION RELATIVE THERETO. 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 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 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 11. TO SEE IF THE TOWN WILL VOTE TO INDEMNIFY THE COMMISSIONERS OF THE OLD TOWN WATER DISTRICT FROM ANY LIABILITY FOR ACTIONS TAKEN WHICH ARE RELATED TO PROVIDING WATER TO SUPPLY THE TOWN'S SHARE OF THE WATER REQUIRED FOR THE PLUM ISLAND WATER AND SEWER PROJECT AND TO TAKE ANY OTHER ACTION RELATIVE THERETO. I ARTICLE 12. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE SELECTMEN TO ALLOW PART- TIME OR SPECIAL MUNICIPAL EMPLOYEES OR APPOINTED MEMBERS OF TOWN BOARDS TO PARTICIPATE IN THE TOWN'S EMPLOYEE HEALTH AND RETIREMENT PLANS PROVIDED THAT THEY ARE OTHERWISE ELIGIBLE AND DO SO AT NO EXPENSE TO THE TOWN. ARTICLE 13. TO MEET ON TUESDAY,MAY 13,2003 IN OUR RESPECTIVE VOTING DISTRICTS FOR THE ELECTION OF TOWN OFFICERS TO FILL THE FOLLOWING POSITIONS,VIZ; SELECTMAN,TOWN CLERK,TREASURER,COLLECTOR,BOARD OF HEALTH MEMBER,FISH COMMISSIONER,ASSESSOR,THREE REGIONAL SCHOOLCOMMITTEE MEMBERS, ONE REGIONAL SCHOOL COMMITTEE MEMBER(ROWLEY) FOR ONE YEAR UNEXPIRED TERM,TWO LIBRARY TRUSTEES FOR THREE YEARS AND ONE FOR ONE YEAR UNEXPIRED TERM, PLANNING BOARD FOR FIVE YEARS,PLANNING BOARD FOR FOUR YEAR UNEXPIRED TERM, TREE WARDEN FOR ONE YEAR,CONSTABLE FOR FOUR YEARS,AND TO VOTE ON THE FOLLOWING QUESTION: "SHALL THE TOWN OF NEWBURY VOTE TO APPROVE A DEBT EXCLUSION OF$1,200,000 FOR THE PURPOSE OF PROVIDING FUNDS FOR THE DESIGN,PERMITTING AND CONSTRUCTION OF A TRANSFER STATION AT THE TOWN LANDFILL." THE POLLS WILL BE OPEN AT 12 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,AND 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 I'" DAY OF APRIL,2003. SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST: DONNA R. STEFANILE,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 HERIN NAMED. DATE: 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: CONSTABLE: i 119 TOWN OF NEWBURY ANNUAL TOWN MEETING APRIL 22,2003 RESULTS TOWN MODERATOR,JOHN P. SALTER,CALLED THE MEETING TO ORDER AT 7:37 P.M.WITH A QUORUM PRESENT. AFTER THE PLEDGE OF ALLEGIANCE IT WAS NOTED THAT NO FORMER EMPLOYEES HAD PASSED AWAY SINCE THE LAST TOWN MEETING WHICH WAS GOOD NEWS. NOT SEEKING RE-ELECTION THIS YEAR,LOIS ANDERSON WAS RECOGNIZED FOR HER MANY YEARS OF SERVICE ON THE BOARD OF LIBRARY TRUSTEES AND TO THE TOWN. SELECTMAN RICHARD JOY PRESENTED AN ENGRAVED ROCKER TO SELECTMAN ALAN I.ADAMS WHO HAS SERVED THE TOWN FOR FOUR DECADES. SELECTMAN JOY NOTED THAT THIS COULD BE A RECORD FOR THE TOWN,THE NORTH SHORE,AND MAYBE THE STATE. THE MODERATOR READ THE CALL,AND RICHARD CUNNINGHAM,CONSTABLE,READ THE RETURN. ARTICLE 1. MOVED,AND SECONDED TO ACCEPT THE REPORTS AS PRINTED. VOTED UNANIMOUS. ARTICLE 2. MOVED,AND SECONDED. KEVIN BLANCHETTE,CHAIRMAN OF FINANCE COMMITTEE STATED THAT BECAUSE THEY DID NOT HAVE ANY MATERIAL BEFOREHAND IN REGARDS TO THIS ARTICLE,THE COMMITTEE WOULD RECOMMEND POSTPONING VOTE UNTIL THE SPECIAL TOWN MEETING TO BE HELD IN JUKE. A PRESENTATION BY STEPHEN FRAM,BOARD OF HEALTH MEMBER AND CHRISTOPHER KOEHLER,P.E.,OF CDM WAS SHOWN GIVING PROS AND CONS OF CONTINUING TRANSFER STATION AS OPPOSED TO CURBSIDE COLLECTION BY TOWN OR SUBSCRIPTION. BOARD OF HEALTH,BOARD OF SELECTMEN,AND CITIZEN'S ADVISORY COMMITTEE RECOMMEND TRANSFER STATION. MOTION IS MADE TO POSTPONE,AND SECONDED. NEEDING 2/3RDS THE COUNTED VOTE WAS YES- 112,NO-8. POSTPONEMENT OF ARTICLE PASSED. ARTICLE 3. PLANNING BOARD CHAIRMAN,DAVID MOUNTAIN SUMMARIZED THE ZONING BYLAW CHANGES.MOVED,SECONDED, A MOTION TO AMEND THE ARTICLE WAS MADE BY DOUGLAS PACKER,CONSERVATION COMMISSION CHAIRMAN,TO STATE THAT ONLY NEWLY FORMED LOTS WOULD BE IMPACTED. AFTER SOME DISCUSSION THE AMENDMENT WAS PUT TO A VOTE BUT FAILED,YES-47,NO-51. ORIGINAL ARTICLE PUT TO A VOTE AT 8:37 P.M. NEEDING 2/3RDS THE ARTICLE PASSED WITH A VOTE OF YES-87,NO-21. ARTICLE 4. MOVED, SECONDED,VOTED PASSED BY 2/3RDS WITH COUNT OF YES- 105,NO- 1. ARTICLE 5. MOVED, SECONDED,VOTED PASSED BY 2/3RDS WITH COUNT OF YES-95,NO- 18. ARTICLE 6. MOVED, SECONDED,VOTED PASSED UNANIMOUSLY. ARTICLE 7. MOVED, SECONDED,AMENDMENT ADDED TO CORRECT NUMBERING IN TWO SECTIONS DUE TO TYPOGRAPHICAL ERROR. PAGE 13,SECTION 97-47-29 PROCEDURES AND DECISION OF THE PLANNING BOARD CORRECTED TO READ 97-47-30 AND PAGE 14,97-47-30 SEVERABILITY TO READ 97-47-31.AMENDMENT PASSED UNANIMOUSLY. VOTE ON ARTICLE WITH AMENDMENT PASSED UNANIMOUSLY. ARTICLE 8. MOVED, SECONDED PASSED UNANIMOUSLY. ARTICLE 9. MOVED, SECONDED PASSED UNANIMOUSLY. ARTICLE 10. MOVED, SECONDED PASSED UNANIMOUSLY. 120 °K ARTICLE 11. MOVED,SECONDED WITH A MOTION TO AMEND BY CHARLES BASHAW TO CHANGE WORDING OF ARTICLE. AMENDMENT PUT TO VOTE AT 9:28 P.M.PASSED BY MAJORITY. ARTICLE WITH AMENDMENT MOVED,SECONDED AND VOTED PASSED BY MAJORITY. ARTICLE 12. MOVED,SECONDED AND AFTER SOME DISCUSSION A MOTION BY DAVID MOUNTAIN TO TABLE ARTICLE UNTIL JUNE SPECIAL TOWN MEETING BECAUSE OF CONFUSION. MOVED,SECONDED AND VOTED WITH A COUNT OF YES-63,NO-20. ARTICLE IS TABLED UNTIL SPECIAL TOWN MEETING IN JUNE. ARTICLE 13. MOVED,SECONDED AND VOTED UNANIMOUSLY TO MEET ON TUESDAY,MAY 13, 2003 IN OUR RESPECTIVE VOTING DISTRICTS FOR THE ELECTION OF TOWN OFFICERS TO FILL THE FOLLOWING POSITIONS,VIZ;SELECTMAN,TOWN CLERK,TREASURER,COLLECTOR,BOARD OF HEALTH MEMBER,FISH COMMISSIONER,ASSESSOR,THREE REGIONAL SCHOOL COMMITTEE MEMBERS,ONE REGIONAL SCHOOL COMMITTEE MEMBER(ROWLEY) FOR ONE YEAR UNEXPIRED TERM,TWO LIBRARY TRUSTEES FOR THREE YEARS AND ONE FOR ONE YEAR UNEXPIRED TERM, PLANNING BOARD FOR FIVE YEARS,PLANNING BOARD FOR FOUR YEAR UNEXPIRED TERM,TREE WARDEN FOR ONE YEAR,CONSTABLE FOR FOUR YEARS,AND TO VOTE ON THE FOLLOWING QUESTION: "SHALL THE TOWN OF NEWBURY VOTE TO APPROVE A DEBT EXCLUSION OF$1,200,000 FOR THE PURPOSE OF PROVIDING FUNDS FOR THE DESIGN,PERMITTING AND CONSTRUCTION OF A TRANSFER STATION AT THE TOWN LANDFILL." THE POLLS WILL BE OPEN AT 12 NOON AND CLOSE AT 8:00 P.M. MEETNG ADJOURNED AT 9:45 P.M. 125 VOTERS WERE CHECKED IN. RESPECTFULLY SUBMITTED; DONNA R. STEFANH,E TOWN CLERK *AMENDMENT TO ARTICLE 11 READS: "TO SEE IF THE TOWN WILL VOTE TO INDEMNIFY THE OLDTOWN WATER DISTRICT, INCLUDING IT'S COMMISSIONERS,OFFICERS,AND AGENTS,FOR ACTIONS TAKEN IN CONNECTION WITH THEIR OFFICIAL DUTIES AS THEY ARE RELATED TO PROVIDING WATER TO SUPPLY THE TOWN'S SHARE OF THE WATER REQUIRED FOR THE PLUM ISLAND WATER-SEWER PROJECT AND TO TAKE ANY OTHER ACTION RELATIVE THERETO." p�� 121 ANNUAL TOWN ELECTION MAY 13,2003 RESULTS PCT 1 PCT 2 TOTAL SELECTMAN FOR THREE YEARS HUGO A.OWEN 515 276 791 BRUCE D. SAUNDERS 472 419 891 ASSESSOR FOR THREE YEARS * FRANK N.`BUDD"KELLEY III. 661 495 1156 CONSTABLE FOR FOUR YEARS PAUL C.DAUBITZ 560 433 993 FISH COMMISSIONER FOR THREE YEARS * JOHN K.THISTLEWOOD JR. 670 496 1166 LIBRARY TRUSTEE FOR THREE YEARS * L.MATTHEW FREEDMAN 453 360 813 MARGARET STOKES 580 385 965 LIBRARY TRUSTEE FOR ONE YEAR UNEXPIRED CHRISTOPHER J.BURGESS 599 445 1044 PLANNING BOARD FOR FIVE YEARS * ERICH R.GRIEBLING 595 422 1017 PLANNING BOARD FOR FOUR YEARS UNEXPIRED DOUGLAS K.HYDE(write-in candidate) 7 7 BOARD OF HEALTH FOR THREE YEARS * ELAINE BYRNE 611 437 1048 TOWN CLERK FOR THREE YEARS * DONNA R. STEFANILE 715 540 1255 TREASURER FOR THREE YEARS * JAMES D.CASHMAN 693 519 1212 COLLECTOR FOR THREE YEARS * JAMES D.CASHMAN 680 511 1191 TREE WARDEN FOR ONE YEAR * PETER W.HOLLIS 692 455 1147 TRITON REGIONAL SCHOOL COMMITTEE NEWBURY FOR THREE YEARS * PAULA W. GOODWIN 671 487 1158 ROWLEY FOR THREE YEARS * JOAN C.PETERSEN 415 341 756 ROWLEY ONE YEAR UNEXPIRED CHERYL TODD DRAPER 395 338 733 SALISBURY FOR THREE YEARS * SUSAN C.FISH 394 346 740 BALLOT QUESTION DEBT EXCLUSION$1,200,000 PROVIDE FUNDS FOR DESIGN, PERMITTING AND CONSTRUCTION OF A TRANSFER STATION AT THE TOWN LANDFILL. YES 688 436 1124 NO 209 193 402 TOTAL VOTERS 1,000 700 1700 ATRUE t�OPY ATTEST •yP. DCNNAp �U�CLERK SETTS I 122 TOWN OF NEWBURY SPECIAL TOWN MEETING JUNE 24,2003 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 24'm DAY OF JUNE AT 7:00 P.M.TO ACT ON THE FOLLOWING ARTICLES,VIZ: ARTICLE 1. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF $1,200,000.00,OR A LESSER SUM,FOR THE PURPOSE OF DESIGN,PERMITTING AND CONSTRUCTION OF A TRANSFER STATION AT THE TOWN LANDFILL. TO MEET THIS APPROPRIATION THE TREASURER, WITH THE APPROVAL OF THE SELECTMEN,IS AUTHORIZED TO BORROW UP TO$1,200,000.00 UNDER GENERAL LAWS CHAPTER 44, SECTION 8,SAID SUM BEING EXCLUDED FROM THE LEVY LIMIT. FINANCE COMMITTEE RECOMMENDS ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND TAKE FROM FREE CASH AND OTHER AVAILABLE FUNDS$6,454,601 FOR THE OPERATION OF THE TOWN IN FISCAL 2004. FINANCE COMMITTEE RECOMMENDS FY 03 FY 04 CHANGE MODERATOR'S SALARY 100 100 0 SELECTMEN'S SALARIES 15,500 15,000 <500> SELECTMEN'S EXPENSE 7,000 5,000 <2,000> SELECTMEN'S SECRETARY 35,494 35,494 0 TOWN HALL ADM SERVICE 45,000 30,000 <15,000> RESERVE FUND 50,000 90,000 40,000 FINCOM EXPENSES 250 250 0 ACCOUNTANTS SALARY 47,331 40,810 <6,521> , ACCOUNTANT'S EXPENSE 4,000 12,000 8,000 ASSESSOR'S SALARY 9,792 9,792 0 ASSESSOR'S WAGES 43,400 43,400 0 ASSESSOR'S EXPENSE 45,500 41,000 <4,500> AUDIT TOWN BOOKS 24,221 24,221 0 TREASURER'S SALARY 24,394 24,394 0 COLLECTOR'S SALARY 24,394 24,394 0 TREASURER-COLLECTOR WAGES 31,559 28,559 <3,000> TREASURER-COLLECTOR EXPENSE 22,000 18,000 <4,000> LEGAL EXPENSE 50,000 50,000 0 PERSONNEL BOARD 500 500 0 COMPUTER ACCOUNT 8,064 4,000 <4,064> TOWN CLERK'S SALARY 39,251 39,251 TOWN CLERK'S WAGES 30,866 30,866 0 TOWN CLERK'S EXPENSE 8,000 7,600 <400> ELECTION EXPENSE 7,200 6,500 <700> REGISTRARS VOTERS SALARIES 750 750 0 REGISTRARS VOTERS EXPENSE 5,000 5,000 0 CONSERVATION COMM. EXPENSEANAGES 19,000 12,000 <7,000> CONSERVATION COMM. AGENT SALARY 25,000 25,000 0 TREE WARDEN SALARY 3,000 3,000 0 TREE WARDEN EXPENSE 33,000 15,000 <18,000> CLAM FLATS EXPENSEMAGES 8,034 5,034 <3,000> PLANNING BOARD WAGES 2,000 2,000 0 PLANNING BOARD EXPENSE 4,500 2,500 <2,000> PLANNING BOARD CONSULTANTS 25,000 25,000 0 SUB DIVISION EXPENSE 500 500 0 MASTER PLAN 7,000 25,000 18,000 MERRIMACK VALLEY PLANNING COMM. . 2,077 2,108 31 ZONING BOARD OF APPEALS 965 850 <115> TOWN HALLS MAINT. EXPENSENVAGES 70,000 70,000 0 TOWN REPORTS 2,500 2,500 0 iz:TC A FV i� 12 INSURANCE EXPENSE 122,000 122,000 0 POLICE DEPARTMENT WAGES 850,524 806,524 <44,000> EMERGENCY MGT DIRECTOR SALARY 5,000 5,000 0 POLICE EXPENSE 76,388 68,788 <7,600> FIRE PROTECTION F/T SALARIES 164,112 164,112 0 FIRE PROTECT. WAGE RESERVE P#1,P#2 144,338 129,338 <15,000> FIRE PROTECTION-FLAT RATE-P#1 61,200 61,200 0 FIRE PROTECTION-FLAT RATE-P#2 61,200 61,200 0 FIRE PROTECTION EXPENSE 38,603 20,403 <18,200> FOREST FIRES 5,460 5,000 <460> FIRE ALARM MAINT. EXPENSE 5,000 0 <5,000> HYDRANT SERVICE 11,333 11,333 0 AMBULANCE SERVICE 55,000 0 <55,000> BUILDING INSPECTOR SALARY &ASST. 48,105 48,105 0 BUILDING INSPECTOR EXPENSE 5,100 3,100 <2,000> GAS INSPECTOR'S EXPENSE 3,000 3,000 0 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 16,854 16,854 0 PARKING CLERKS SALARY 2,400 2,400 0 PARKING CLERK'S EXPENSE 600 600 0 VOCATIONAL TRANSPORT 6,700 6,700 0 TRITON REGIONAL CAPITAL IMPROV. 292,714 261,021 <31,693> HIGHWAY LABOR 404,780 404,780 0 SNOW REMOVAL WAGES/EXPENSE 95,000 95,000 0 STREET LIGHTING 42,000 37,800 <4,200> HIGHWAY MAINTENANCE 90,000 80,000 <10,000> TRUCK MAINTENANCE 60,000 60,000 0 GARAGE MAINTENANCE 30,000 25,000 <5,000> CEMETERIES EXPENSE 3,000 0 <3,000> BOARD OF HEALTH EXPENSE 62,500 225,000 162,500 BOARD OF HEALTH WAGES 46,350 46,350 0 PUBLIC HEALTH SERVICES EXPENSE 19,560 18,547 <1,013) COUNCIL ON AGING WAGES 61,506 61,506 0 COUNCIL ON AGING EXPENSE 18,550 17,550 <1,000> VETERANS SERVICES 18,000 18,000 0 NEWBURY TOWN LIBRARY WAGES 226,471 206,801 <19,670> NEWBURY TOWN LIBRARY EXPENSES 202,175 127,125 <75,050> LIFEGUARD WAGES 38,000 45,000 7,000 LIFEGUARD EXPENSES 5,000 5,000 0 PARKS EXPENSE 65,000 59,000 <6,000> HISTORIC COMMISSION 650 650 0 HISTORIC RECORDS PRESERVATION 3,500 0 <3,500> MEMORIAL DAY 600 600 0 LONG TERM DEBT PRINCIPAL 1,165,000 1,215,000 50,000 SHORT TERM DEBT INTEREST 40,662 35,000 <5,662> LONG TERM DEBT INTEREST 736,605 680,680 <55,925> PROP/EXCISE INTEREST 500 500 0 HEALTH & DENTAL INSURANCE 378,655 340,655 <38,000> EMPLOYEE LIFE INSURANCE 1,806 1,806 0 FICA MEDICARE 40,700 55,200 14,500 CONSERVATION FUND 750 0 <750> ARTICLE 2 TOTALS 6,633,093 6,454,601 -178,492 ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $5,938,867 FOR THE TRITON REGIONAL SCHOOL DISTRICT'S FY04 ASSESSMENT TO NEWBURY. FINANCE COMMITTEE RECOMMENDS ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $46,185 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY04 ASSESSMENT TO NEWBURY. FINANCE COMMITTEE RECOMMENDS 12-4 ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND/OR TAKE FROM FREE CASH THE SUM OF$252,500 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 2004. FINANCE COMMITTEE RECOMMENDS ARTICLE 6. 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 2003. FINANCE COMMITTEE RECOMMENDS ARTICLE 7. 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 S. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF$136,301.23 FROM CHAPTER 90 AVAILABLE FUNDS PURSUANT TO CHAPTER 246 OF THE ACTS OF 2002, CONTRACT 3246205. FINANCE COMMITTEE RECOMMENDS ARTICLE 9. 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,53EV2 OF CHAPTER 44 MGL. THE ANIMAL.CONTROL OFFICER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND$3,000 DURING THE NEXT FISCAL YEAR FOR ANIMAL CONTROL EXPENSES. FINANCE COMMITTEE RECOMMENDS ARTICLE 10. 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(t)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 $44,560 DURING THE NEXT FISCAL YEAR FINANCE COMMITTEE RECOMMENDS ARTICLE 11. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE AND DIRECT THE SELECTMEN TO APPOINT A"SPECIAL COLLECTOR"ACCORDING TO THE PROVISIONS OF SECTION 14 OF CHAPTER 60 OF THE MASSACHUSETTS GENERAL LAWS FOR THE PURPOSE OF COLLECTING OUTSTANDING AND DELINQUENT TAXES OWED THE.TOWN SAID"SPECIAL COLLECTOR"SHALL COLLECT SUCH OUTSTANDING TAXES IN AMANNER PRESCRIBED BY THE SELECTMEN AND SHALL RECEIVE FOR COMPENSATION SUCH FEES AS ALLOWED ACCORDING TO THE PROVISIONS OF CHAPTER 60 OF THE MGL. FINANCE COMMITTEE RECOMMENDS ARTICLE 12. TO SEE IF THE TOWN WILL VOTE TO TRANSFER FROM AMONG THE FOLLOWING ACCOUNTS,UNEXPENDED FUNDS TO CERTAIN DEFICIT ACCOUNTS FOR FISCAL YEAR 2003. FINANCE COMMITTEE RECOMMENDS DEBIT CREDIT TOWN HALL ADMIN. 15,000 ASSESSOR WAGES 1,700 RESERVE FUND 12,100 LEGAL SERVICES 15,000 ASSESSORS EXPENSE 1,700 SNOW REMOVAL 40,000 CONS.COMM.EXPENSE 5,000 BOARD OF HEALTH 101,200 CLAM FLATS STATE WAGES 3,000 COUNCIL ON AGING 2,000 FIRE PROT.WAGES 20,000 LIFEGUARD WAGES 5,000 FIRE PROT.EXPENSE 5,000 MEDICARE 13,000 FIRE ALARM MAINT. 4,000 AMBULANCE SERVICE 5,000 CEMETERY 2,000 LIBRARY EXPENSE 65,000 HISTORIC RECORDS PRES. 3,500 HEALTH INSURANCE 25,000 HIGHWAY LABOR 15,000 TOTAL DEBITS $181,300 TOTAL CREDITS $177,900 12 ARTICLE 13. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE SELECTMEN TO TAKE BY EMINENT DOMAIN AN EASEMENT IN THE PROPERTIES DESCRIBED BELOW FOR THE PURPOSE OF INSTALLING MUNICIPAL WATER AND SEWER LINES AND RELATED EQUIPMENT FOR THE OPERATION OF A MUNICIPAL WATER AND SEWER SYSTEM,AND TO COMPENSATE THE OWNERS OF SAID PROPERTIES FOR THE TAKING OF SAID EASEMENTS BY AN AMOUNT EQUAL TO THE TOWN'S APPRAISED VALUE OF EACH EASEMENT,WHICH SUM SHALL BE PAID FROM MONIES PREVIOUSLY BORROWED FOR SAID PROJECT,AND PAID FOR BY BETTERMENTS ASSESSED AGAINST THE USERS OF SAID MUNICIPAL WATER AND SEWER SYSTEMS. THIS TAKING SHALL NOT INCLUDE ANY TREES OR STRUCTURES WHICH MAY BE LOCATED WITHIN THE AREA OF EACH EASEMENT,WHICH TREES OR STRUCTURES THE OWNER OF THE PROPERTY SHALL HAVE SIX(6)MONTHS TO REMOVE FROM THE RECORDING OF THE ORDER OF TAKING;AND TO TAKE ANY OTHER ACTION RELATIVE THERETO. I. COLUMBIA WAY: The land in Plum Island,Newbury, situate off of Columbia Way shown as Sewer Easement "A" and Sewer Easement`B" on a plan entitled "Easement Plan of Land, Columbia Way,Newbury, MA" prepared for Camp Dresser&McKee, Inc. dated October, 31, 2001 (the"Columbia Way Easement Plan"), bounded and described as follows: Sewer Easement"A": Beginning at the Southwesterly corner of Sewer Easement "A"thence running South 67 20' 31" East 10.31 feet to a point,thence turning and running North 21 35'23" East 57.02 feet to a point,thence turning and running South 23 00' 39" West 56.14 feet along Sewer Easement `B" described below to the point of beginning, all as shown on said Columbia Way Easement Plan. The street address of Sewer Easement "A" is 24 Columbia Way,Newbury, Massachusetts 01951,and is shown as Lot 69 on a plan of land entitled"Plan of Land in Newbury, MA prepared for Barry E. &Patricia C. Kelling"dated May 15, 1990,James W. Barry, LS, recorded at the Essex South District Registry of Deeds as Plan No. 24 of 1990 at Book 10444, Page 306. Sewer Easement"A" is located on a parcel shown as Lot 10 on a plan of land entitled "Plan of Sections J of Land of Plum Island Beach Co." by Rowland H. Barnes and Henry F. Beal C.E., dated January, 1923 and recorded with the Essex South District Registry of Deeds, Plan Book 41, Plan 25. Sewer Easement`B": Beginning at the Northwesterly corner of Sewer Easement `B", thence running South 76 08'06" East 20.00 feet to a point,thence turning and running South 12 35' 23" West 48.42 feet to a point,thence turning and running South 23 00' 39" West 56.14 feet along Sewer Easement"A"described above to a point,thence turning and running North 67 20' 31" West 10.00 feet to a point, thence turning and running North 12 35'23" East 102.33 feet to the point of beginning, all as shown on said Columbia Way Easement Plan. The street address of Sewer Easement"B" is 22 Columbia Way,Newbury, Massachusetts 01951. Sewer Easement`B" is located on a parcel shown as Lot 9,Block 7, on a plan of land entitled "Plan of Sections J of Land of Plum Island Beach Co." by Rowland H. Barnes and Henry F. Beal C.E., dated January, 1923 and recorded with the Essex South District Registry of Deeds, Plan Book 41, Plan 25. U. HUTCHINS TERRACE: The land on Plum Island,Newbury, Essex County, situate off of Hutchins Terrace shown as"Sewer Easement"on a plan entitled"Easement Plan of Land, Hutchins Terrace, Newbury, MA"prepared for Camp Dresser&McKee, Inc. dated October 31, 2001, Kevin Hanley, PLS (the"Hutchins Terrace Easement Plan"), bounded and described as follows: Beginning at the at the Northeast corner of the Sewer Easement area by the Westerly sideline of an un-named right-of-way thence running South 00 27 00" East 25.00 feet along said way to a point,thence turning and running South 89 33' 00" West 99.86 feet to a point,thence turning and running South 69 10'25" West 64.15 feet to a point on the Easterly sideline of Hutchins Terrace,thence turning and running North 00 27' 00" West 26.67 feet along Hutchins Terrace to a point,thence turning and running North 69 10'25" East 59.36 feet to a point,thence turning and running North 89 33' 00" East 104.36 feet, 126 (near an iron pin), to the point of beginning, all as shown on said Hutchins Terrace Easement Plan The locus wherein the Sewer Easement area is located is also shown as Lots 125 and 126, Block G on a plan of land entitled "Plan of Sections I and 2 of Land of Plum Island Beach Co." by Rowland H. Barnes and Henry F. Beal C.E., dated May, 1920 and recorded with the Essex South District Registry of Deeds, Plan Book 34, Plan 22. III. McLEOD AVENUE: The land in Plum Island,Newbury, between Old Point Road and McLeod Avenue shown as Sewer Easements"A", "B"and"C"on a plan entitled "Easement Plan of Land, McLeod Avenue,Newbury,MA"prepared for Camp Dresser&McKee, Inc., dated October 31, 2001, Kevin Hanley, PLS, (the"McLeod Avenue Easement Plan"), bounded and described as follows: Beginning at a the Southwest conger of the Sewer Easement area being North 70 48' 22"East 3.58 feet from a PK nail found in Old Point Road, thence running North 85 04' 34" East 160.81 feet to a point thence turning and running South 85 45'55" East 19.76 feet to a point at McLeod Avenue by an iron pin,thence turning and running North 00 27'00" West 48.97 feet along McLeod Avenue to a point,thence turning and running South 40 57' 05" West 29.70 feet to a point,thence turning and running South 85 04' 34" West 77.92 feet to a point,thence turning and running North 00 27' 00" West 161.01 feet to a point,thence turning and running South 89 33" 00" West 20.00 feet to a point,thence turning and running South 00 27' 00" East 162.57 feet to a point, thence tuning and running South 85 04' 34" West 71.46 feet to a point,thence turning and running South 19 46' 52" East 25.86 feet to the point of beginning all as shown on said McLeod Easement Plan. The Street addresses of the properties are 8 Rear Old Point Road, 12 Rear Old Point Road and 11 McLeod Avenue. 8 Rear Old Point Road is shown as Lot 2 on a plan entitled "Plan of Land Located on Plum Island Newbury, Massachusetts owned by Foster W. & Helen L. Fenton"dated September, 1972,Pembroke Land Survey Co.,recorded at the above , Registry as Plan No. 633 of 1972 at Book 5934,Page 800, 12 Rear Old Point Road is shown as Lot 11 and 11 McLeod Avenue is shown as Lot 14, Block G on a plan of land entitled "Plan of Sections 1 and 2 of Land of Plum Island Beach Co." by Rowland H. Barnes and Henry F. Beal C.E., dated May, 1920 and recorded with the Essex South District Registry of Deeds, Plan Book 34, Plan 22. IV. OLGA WAY: The land in Plum Island,Newbury, situate off of Olga Way shown as Sewer Easement"A" and Sewer Easement"B" on a plan entitled "Easement Plan of Land, Olga Way &Webber Court,Newbury, MA" prepared for Camp Dresser&McKee, Inc. dated October, 31, 2001 (the"Olga Way and Webber Court Easement Plan"), bounded and described as follows: Sewer Easement "A": Beginning at a point at the intersection of Plum Island Boulevard and Olga Way at the Southwest corner of Sewer Easement"A", being 70 feet, more or less, West of an iron pin,thence running North 00 27'00" West 89.83 feet by Weber Court to a point at the Southwest corner of Sewer Easement `B"described below, thence turning and running North 89 33' 00"East 10.00 feet along Sewer Easement `B"to a point,thence turning and running South 00 27' 00" East 90.65 feet to a point at or near Plum Island Boulevard,thence turning and running North 85 45'40" West 10.00 feet along said Plum Island Boulevard to the point of beginning, all as shown on said Olga Way and Webber Court Easement Plan The street address of the property is I I Plum Island Boulevard. I 1 Plum Island Boulevard is also shown as Lot 243, Block E on a plan of land entitled "Plan of Section 1 of Land of Plum Island Beach Co." by Rowland H. Barnes and Henry F. Beal C.E., dated June 18, 1920 and recorded with the Essex South District Registry of Deeds, Plan Book 34, Plan 7. Sewer Easement`W% Beginning at a point at the Southwest corner of Sewer Easement `B" on the Easterly line of said Olga Way at the Northwest corner of Sewer Easement "A" 127 described above, thence running North 00 27' 00" West 80.00 feet by Olga Way to a point, thence turning and running North 89 33' 00" East 10.00 feet to a point, thence turning and running South 00 27' 00" East 80.00 feet to a point at the Northeast corner of said Sewer Easement "A', thence turning and running North 89 33' 00" West 10.00 feet along said Sewer Easement"A"to the point of beginning, all as shown on said Olga Way and Webber Court Easement Plan. The street address of the property is 6 Olga Way. 6 Olga Way is also shown as Lot 242, Block E on a plan of land entitled "Plan of Section 1 of Land of Plum Island Beach Co." by Rowland H. Barnes and Henry F. Beal C.E., dated June 18, 1920 and recorded with the Essex South District Registry of Deeds, Plan Book 34, Plan 7. V. WEBBER COURT: The land in Plum Island, Newbury, situate off of Weber Court shown as Sewer Easement"C" on a plan entitled "Easement Plan of Land, Olga Way& Webber Court, Newbury, MA" prepared for Camp Dresser& McKee, Inc. dated October, 31, 2001 (the "Olga Way and Webber Court Easement Plan") bounded and described as follows: Beginning at a point at the intersection of Plum Island Boulevard and Webber Court at the Southeast corner of said Sewer Easement"C",thence running North 00 27' 00" West 20.00 feet along Weber Court to a point,thence turning and running South 43 06'20" East 29.42 feet to a point,thence turning and running North 85 45' 40" West 20.00 feet along said Plum Island Boulevard to the point of beginning, all as shown on said Olga Way and Webber Court Easement Plan. The street address of the property is 15 Plum Island Boulevard. 15 Plum Island Boulevard is also shown as Lot 245, Block E on a plan of land entitled "Plan of Sections 1 of Land of Plum Island Beach Co." by Rowland H. Barnes and Henry F. Beal C.E., dated June 18, 1920 and recorded with the Essex South District Registry of Deeds, Plan Book 34, Plan 7. ARTICLE 14. TO SEE IF THE TOWN OF NEWBURY WILL VOTE TO AMEND ITS PROTECTIVE ZONING BYLAW AS FOLLOWS: 1) TO DELETE WITHIN ARTICLE XI(WATER SUPPLY PROTECTION DISTRICT) SECTION 97-44(ESTABLISHMENT AND DELINEATION OF THE WATER SUPPLY PROTECTION DISTRICT). A.THE SENTENCE "THE BOUNDARIES OF THE WATER SUPPLY DISTRICT ARE SHOWN ON A MAP ENTITLE "WATER RESOURCES, TOWN OF NEWBURY,"DATED MAY 21, 1997 AND ON FILE IN THE OFFICE OF THE TOWN CLERK"AND 2) TO REPLACE THE SENTENCE WITH THE FOLLOWING LANGUAGE: "THE BOUNDARIES OF THE WATER SUPPLY PROTECTION DISTRICT ARE SHOWN ON A MAP ENTITLED "WATER RESOURCES, TOWN OF NEWBURY,"DATED MARCH31, 2003 AND ON FILE IN THE OFFICE OF THE TOWN CLERK"; OR TO TAKE ANY OTHER ACTION RELATIVE THERETO. ARTICLE 15. TO SEE IF THE TOWN OF NEWBURY WILL VOTE TO AMEND ITS PROTECTIVE ZONING BYLAW AS FOLLOWS: TO DELETE LANGUAGE OF ARTICLE III(AGRICULTURAL RESIDENTIAL DISTRICT USE REGULATIONS)SECTION 97-6.C.AS FOLLOWS: "REQUIRED UPLAND:NOT MORE THAN20% OF THE MINIMUM LOT AREA (EXAMPLE 8,000 SQUARE FEET OF 40,000 SQUARE FOOT LO7) SHALL BE IN WETLANDS OR IN THE PARKER RIVER ESSEX BYAREA OF CRITICAL ENVIRONMENTAL CONCERN." TO REPLACE THE FOLLOWING LANGUARE OF ARTICLE III(AGRICULTURAL RESIDENTIAL DISTRICT USE REGULATIONS)SECTION 97-6.C.AS FOLLOWS: "REQUIRED CONTIGUOUS UPLAND: REGARDLESS OF THEACTUAL LOT SIZE,AT LEAST 80•'OF THE MINIMUM LOT AREA FOR THE DISTRICT SHALL BE CONTIGUOUS IN UPLANDS AND SHALL NOT BE IN WETLANDS OR IN THE PARKER RIVER ESSEX BAYAREA OF CRITICAL ENVIRONMENTAL CONCERN." OR TO TAKE ANY OTHER ACTION RELATIVE THERETO. 128 ARTICLE 16. TO SEE IF THE TOWN OF NEWBURY WILL VOTE TO AMEND ITS PROTECTIVE ZONING BYLAW AS FOLLOWS: TO ADD IN ARTICLE V(BUSINESS DISTRICT)SECTION 97-14.(REGULATIONS) FOLLOWING K. "L. REQUIRED CONTIGUOUS UPLAND: REGARDLESS OF THE ACTUAL LOT SIZE,AT LEAST 80%OF TILE MINIMUM LOT AREA FOR THE DISTRICT SHALL BE CONTIGUOUS BV UPLANDS AND SHALL NOT BE IN WETLANDS OR IN THE PARKER RIVER-ESSEX BAY AREA OF CRITICAL ENVIRONMENTAL CONCERN." SUCH WETLANDS ARE DEFINED IN G.L. CHAPTER 131, SECTION 40 ASAMENDED,AND INCLUDE WITHOUT LIMITATION BOG$ SWAMPS, MARSHES, WET , MEADOWS,AND AREAS OF FLOWING OR STANDING WATER, SOMETIMES INTERMITTENT,AND ARE CHARACTERIZED BY THEIR DISTINCTIVE SOILS, BNCLUDING BUT NOT LIMITED TO PEAT OR MUCK OR BYT HE EXISTENCE OF PLANT COMMUNITIES WHICHREQUIRE TILE PRESENCE OF WATER AT OR NEAR GROUND SURFACE FOR THE MAJOR PORTION OF THE YEAR SUCH PLANT COMMUNITIES ARE THOSE DESCRIBED W M G.L., CHAPTER 131,SECTION40 ASAMENDED." OR TO TAKE ANY OTHER ACTION RELATIVE THERETO. ARTICLE 17. TO SEE IF THE TOWN OF NEWBURY WILL VOTE TO AMEND ITS PROTECTIVE ZONING BYLAW AS FOLLOWS: TO ADD IN ARTICLE IV(INDUSTRIAL DISTRICT)SECTION 97-8.AFTER E.THE FOLLOWING CLAUSE: 7 REQUIREDCONTTGUOUSUPLAND: REGARDLESS OFTHEACTUAL LOTSIZE,AT LEAST 80%OF THE MINIMUMLOT AREA FOR THE DISTRICT SHALL BE CONTIGUOUS IN UPLANDS AND SHALL NOT BE IN WETLANDS OR IN THE PARKER RIVER-ESSEX BAYAREA OF CRITICAL ENVIRONMENTAL CONCERN." SUCH WETLANDSARE DEFINED BV 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 NOTLIMITED TO PEAT OR MUCK,• OR BY TIM EXISTENCE OFPLANT COMMUNITIES WHICHREQUIRE THE PRESENCE OF WATER AT OR NEAR GROUND SURFACE FOR TILE MAJOR PORTIONOF THE YEAR SUCHPLANT COMMUNITIESARE THOSE DESCRIBED BV MG L., CHAPTER 131,SECTION 40 AS AMENDED." OR TO TAKE ANY OTHER ACTION RELATIVE THERETO. AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED , COPY THEREOF IN EACH VOTING DISTRICT,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 10TH DAY OF JUNE,2003. SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST: PURSUANT TO ABO WCANT 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 ANs� ;�� pD PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED. DATE:C --lO- a�-4d3 CONSTABLE //r cv-- - 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: ��Q.- �pO� CONSTABLE:� � 12 r A TRUE COPY ATTEST //nn//__ DONNA R. STEFANILE, TOWN:,LERK NEWBURY,MASSACHUSETTS l29 TOWN OF NEWBURY SPECIAL TOWN MEETING JUKE 24, 2003 RESULTS THE MODERATOR,JOHN P. SALTER JR.CALLED THE MEETING TO ORDER AT 7:05 P.M. NOTING A QUORUM PRESENT,THE CALL AND RETURN WERE READ FOLLOWED BY THE PLEDGE OF ALLEGIANCE.COUNTERS APPOINTED FOR THE EVENING WERE: JAMES CASHMAN,DONALD BADE,AND DAVID YESAIR. ARTICLE 1. MOVED,AND SECONDED,TWO AMENDMENTS WERE PRESENTED BY STEPHEN SMITH. AMENDMENT 1 WAS TO AUTHORIZE THE TREASURER,WITH THE APPROVAL OF THE SELECTMEN TO BORROW UP TO$700,000 WITH A 20%CONTIGENCY. WITH A VOTE OF YES-12 TO NO-150 AMENDMENT 1 FAILED.AMENDMENT 2 WAS TO GIVE THE CITIZENS SOLID WASTE COMMITTEE OFFICIAL STATUS AS AN OFFICIAL TOWN COMMITTEE WITH THE AUTHORITY TO OVERSEE OPERATIONS OF THE TRANSFER STATION AND BEING GIVEN SUFFICIENT BUDGET TO DO SO. WITH A VOTE OF YES-16 TO NO-138 AMENDMENT 2 FAILED.AT 7:34 P.M.THE ARTICLE WAS PUT TO A VOTE TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF$1,200,000,OR A LESSER SUM,FOR THE PURPOSE OF DESIGN,PERMITTING AND CONSTRUCTION OF A TRANSFER STATION AT THE TOWN LANDFILL.TO MEET THIS APPROPRIATION THE TREASURER,WITH THE APPROVAL OF THE SELECTMEN,IS AUTHORIZED TO BORROW UP TO$1,200,000.00 UNDER GENERAL LAWS CHAPTER 44,SECTION 8,SAID SUM BEING EXCLUDED FROM THE LEVY LIMIT. NEEDING A 2/3RDS VOTE THE COUNT WAS YES- 153 TO NO-18. ARTICLE PASSES. ARTICLE 2. MOVED,AND SECONDED.KEVIN BLANCHETTE,CHAIRMAN OF FINANCE COMMITTEE PROPOSED TO AMEND UNDER"RESERVE FUND"BY STRIKING$90,000 AND INSERTING$60,000;AND UNDER"ARTICLE 2 TOTALS"BY STRIKING$6,454,601 AND INSERTING$6,424,601. THE VOTE WAS YES-178 TO NO-0. AMENDMENT CARRIES. HOLDS WERE PUT ON SELECTMEN'S EXPENSE,ACCOUNTANT'S EXPENSE,ASSESSOR'S WAGES,CLAM FLATS EXPENSE/WAGES,MASTER PLAN,TOWN HALL MAINT. EXPENSE/WAGES,HYDRANT SERVICE,AMBULANCE SERVICE,CEMETERIES EXPENSE, BOARD OF HEALTH EXPENSE,NEWBURY TOWN LIBRARY WAGES,NEWBURY TOWN LIBRARY EXPENSES,HEALTH AND DENTAL INSURANCE AND FICA MEDICARE. ALL WERE EXPLAINED BY KEVIN BLANCHETTE,CHAIRMAN OF FINANCE COMMITTEE. DAVID YESAIR PROPOSED AN AMENDMENT TO REDUCE"MASTER PLAN"FROM$25,000 TO$12,000. AMENDMENT FAILED WITH A VOTE OF YES- 10 TO NO- 146. L.MATTHEW FREEDMAN, CHAIRMAN OF BOARD OF LIBRARY TRUSTEES PROPOSED AN AMENDMENT TO THE "NEWBURY TOWN LIBRARY EXPENSES"TO ADD$60,428 TO THE EXPENSE. OPINION OF TOWN COUNSEL,JAMES LAGOULIS,THE INCREASE WOULD RAISE THE LEVEL TO PUT US INTO PROP 2'/2. THE AMENDMENT WAS NOT ACCEPTED. AT 9:17 P.M.THE ARTICLE WAS PUT TO A VOTE. PASSED WITH A COUNT OF YES- 118 TO NO-20. ARTICLE 3. BECAUSE THE MODERATOR,JOHN P. SALTER JR.HAS AN INTEREST IN TRITON REGIONAL SCHOOL DISTRICT'S FY04 ASSESSMENT,FRED DAVIS WAS ASKED TO PRESENT THE ARTICLE. IT WAS MOVED,SECONDED AND VOTED PASSED UNANIMOUSLY TO ACCEPT AS NEWBURY'S SHARE THE SUM OF$5,938,867. ARTICLE 4. MOVED,SECONDED AND VOTED UNANIMOUSLY TO ACCEPT AS NEWBURY'S SHARE OF ASSESSMENT TO WHITTIER VOCATIONAL SCHOOL'S FY04 THE SUM OF$46,185. ARTICLE 5. MOVED,SECONDED AND PASSED UNANIMOUSLY TO RAISE AND APPROPRIATE AND/OR TAKE FROM FREE CASH THE SUM OF$252,500 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FY04. ARTICLE 6. MOVED,SECONDED AND PASSED UNANIMOUSLY 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 2003. ARTICLE 7. MOVED,SECONDED AND PASSED UNANIMOUSLY 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. ARTICLE 8. MOVED,SECONDED AND PASSED UNANIMOUSLY TO APPROPRIATE THE SUM OF$136,301.23 FROM CHAPTER 90 AVAILABLE FUNDS PURSUANT TO CHAPTER 246 OF THE ACTS OF 2002,CONTRACT 3246205. ARTICLE 9. MOVED,SECONDED AND PASSED UNANIMOUSLY 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,53EI/2 OF CHAPTER 44 MGL. THE ANIMAL CONTROL OFFICER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND $3,000 DURING THE NEXT FISCAL YEAR FOR ANIMAL CONTROL EXPENSES. ARTICLE 10. MOVED, SECONDED AND PASSED UNANIMOUSLY TO AUTHORIZE THE CONTINUANCE OF THE"MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE FUND"AS ESTABLISHED BY CLAUSE 72,SEC..S,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. 53EI/2 OF CHAPTER 44 MGL. THE HARBORMASTER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND$44,560 DURING THE NEXT FISCAL YEAR. ARTICLE 11. MOVED,SECONDED AND WITH A VOTE OF YES—23 TO NO—56,THE ARTICLE TO AUTHORIZE AND DIRECT THE SELECTMEN TO APPOINT A"SPECIAL COLLECTOR"FOR THE PURPOSE OF COLLECTING OUTSTANDING AND DELINQUENT , TAXES OWED THE TOWN IS DEFEATED. ARTICLE 12. MOVED,SECONDED AND KEVIN BLANCHETTE,CHAIRMAN OF THE FINANCE COMMITTEE PROPOSED TO AMEND"LIBRARY EXPENSE DEBIT"BY STRIKING 65,000 AND INSERTING 35,000;UNDER"TOTAL DEBITS"BY STRIKING 181,300 AND INSERTING 151,300;AND UNDER"SNOW REMOVAL CREDIT"BY STRIKING 40,000 AND INSERTING 10,000;AND UNDER"TOTAL CREDITS"BY STRIKING 177,900 AND INSERTING 147,900. AMENDMENT PASSED BY A VOTE OF YES— 100 TO NO—1. ARTICLE WITH AMENDMENT PASSED WITH A VOTE OF YES—77 TO NO—16. ARTICLE 13. MOVED, SECONDED AND PASSED WITH A VOTE OF YES-51 TO NO-19,TO AUTHORIZE THE SELECTMEN TO TAKE BY EMINENT DOMAIN AN EASEMENT IN THE PROPERTIES OF COLUMBIA WAY,HUTCHINS TERRACE,McLEOD AVENUE,OLGA WAY, AND WEBBER COURT,FOR THE PURPOSE OF INSTALLING MUNICIPAL WATER AND SEWER LINES. 131 ARTICLE 14. MOVED, SECONDED AND DAVID MOUNTAIN,CHAIRMAN OF THE PLANNING BOARD NOTED A TYPOGRAPHICAL ERROR WHICH WAS CORRECTED. HE GAVE A BRIEF SUMMARY OF THE CHANGE IN THE PROTECTIVE ZONING BYLAW. PUT TO A VOTE AT 10:17 P.M.THE ARTICLE PASSED WITH A VOTE OF YES-57 TO NO-10. ARTICLE 15. MOVED,SECONDED AND DAVID MOUNTAIN,CHAIRMAN OF THE PLANNING BOARD GAVE A BRIEF SUMMARY. PASSED UNANIMOUSLY. ARTICLE 16. MOVED,SECONDED AND DAVID MOUNTAIN,CHAIRMAN OF THE PLANNING BOARD NOTED A TYPOGRAPHICAL ERROR WHICH WAS CORRECTED. HE GAVE A BRIEF SUMMARY OF THE CHANGE IN THE PROTECTIVE ZONING BYLAW.VOTED PASSED UNANIMOUSLY. ARTICLE 17. MOVED,SECONDED AND DAVID MOUNTAIN,CHAIRMAN OF THE PLANNING BOARD GAVE A BRIEF SUMMARY. PASSED UNANIMOUSLY. MEETING ADJOURNED AT 10:36 P.M. 207 VOTERS WERE CHECKED IN. RESPECTIVELY SUBMITTED; �&w-' -'�"",�a DONNA R. STEFANILE TOWN CLERK 132 TOWN OF NEWBURY SPECIAL TOWN MEETING DECEMBER 9, 2003 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 9TH DAY OF DECEMBER 2003 AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES,VIZ: ARTICLE 1. TO SEE IF THE TOWN WILL VOTE TO TRANSFER$29,283 FROM THE MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE FUND TO THE GENERAL FUND FOR THE PURPOSE OF FUNDING THE FY04 BUDGET. AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED COPY THEREOF IN EACH VOTING DISTRICT, FORTEEN 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 21 ST DAY OF NOVEMBER 2003. SEL TMEN, TOWN OF NEWBURY A TRUE COPY ATTEST: Ir 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. R n DATE:I l� ���Q2�3 CONSTABLE:-(k� -)1r \ - 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: Cl 3 CONSTABLE:_A%°` ;'/, awl- � TOWN OF NEWBURY SPECIAL TOWN MEETING DECEMBER 9, 2003 RESULTS THE MODERATOR JOHN P. SALTER CALLED THE MEETING TO ORDER AT 7:37 P.M.WITH A QUORUM PRESENT.THE RETURN WAS READ BY CONSTABLE RICHARD N.CUNNINGHAM. ARTICLE 1. ARTICLE MOVED BY SELECTMAN RICHARD JOY, SECONDED BY SELECTMEN BRUCE SAUNDERS AND MICHAEL DOYLE AND VOTED UNANAMOUSLY TO TRANSFER$29,283 FROM THE MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE FUND TO THE GENERAL FUND FOR THE PURPOSE OF FUNDING THE FY04 BUDGET. MEETING WAS ADJOURNED AT 7:44 P.M. THERE WERE 42 VOTERS CHECKED IN. RESPECTIVELY M,SUB OI�T-TTED; DONNA R. STEFANILE(/ TOWN CLERK,CMMC Of. TOWN OF NEWBURY ANNUAL TOWN MEETING APRIL 27,2004 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 27" 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 AND TAKE FROM FREE CASH AND OTHER AVAILABLE FUNDS$6,555,531 FOR THE OPERATION OF THE TOWN IN FISCAL 2005. FINANCE COMMITTEE RECOMMENDS FY 04 FY 05 CHANGE MODERATOR'S SALARY 100 100 0 SELECTMEN'S SALARIES 15,000 15,000 0 SELECTMEN'S EXPENSE 5,000 5,000 0 SELECTMEN'S SECRETARY 35,494 37,059 1,565 TOWN HALL ADM SERVICE 30,000 30,000 0 RESERVE FUND 60,000 75,000 15,000 FINCOM EXPENSES 250 250 0 ACCOUNTANT'S SALARY 40,810 42,027 1,217 ACCOUNTANT'S EXPENSE 12,000 4,000 <8,000> ASSESSOR'S SALARY 9,792 10,086 294 ASSESSOR'S WAGES 43,400 30,838 <12,562> ASSESSOR'S EXPENSE 41,000 52,749 11,749 AUDIT TOWN BOOKS 24,221 35,000 10,779 TREASURER'S SALARY 24,394 25,126 732 COLLECTOR'S SALARY 24,394 25,126 732 TREASURER-COLLECTOR WAGES 28,559 29,416 857 TREASURER-COLLECTOR EXPENSE 18,000 18,000 0 LEGAL EXPENSE 50,000 75,000 25,000 PERSONNEL BOARD 500 500 0 COMPUTER ACCOUNT 4,000 4,000 0 TOWN CLERK'S SALARY 39,251 40,429 1,178 TOWN CLERK'S WAGES 30,866 32,042 1,176 TOWN CLERK'S EXPENSE 7,600 7,600 0 ELECTION EXPENSE 6,500 7,600 1,100 REGISTRARS VOTERS SALARIES 750 750 0 REGISTRARS VOTERS EXPENSE 5,000 5,000 0 CONSERVATION COMM. EXPENSENVAGES 12,000 13,830 1,830 CONSERVATION COMM. AGENT SALARY 25,000 25,750 750 TREE WARDEN SALARY 3,000 3,000 0 TREE WARDEN EXPENSE 15,000 15,000 0 CLAM FLATS EXPENSENVAGES 5,034 5,034 0 1 135 PLANNING BOARD WAGES 2,000 2,000 0 PLANNING BOARD EXPENSE 2,500 2,500 0 PLANNING BOARD CONSULTANTS 25,000 39,000 14,000 SUB DIVISION EXPENSE 500 500 0 MASTER PLAN 25,000 11,000 <14,000> MERRIMACK VALLEY PLANNING COMM. 2,108 2,108 0 ZONING BOARD OF APPEALS 850 850 TOWN HALLS MAINT. EXPENSENVAGES 70,000 70,000 0 TOWN REPORTS 2,500 2,500 0 INSURANCE EXPENSE 122,000 122,000 0 POLICE DEPARTMENT WAGES 806,524 875,987 69,463 EMERGENCY MGT DIRECTOR SALARY 5,000 5,000 0 POLICE EXPENSE 68,788 76,388 7,600 FIRE PROTECTION F/T SALARIES 164,112 169,036 4,924 FIRE PROTECT. WAGE RESERVE P#1,P#2 129,338 133,218 3,880 FIRE PROTECTION-FLAT RATE-P#1 61,200 71,402 10,202 FIRE PROTECTION-FLAT RATE-P#2 61,200 71,402 10,202 FIRE PROTECTION EXPENSE 20,403 0 <20,403> FOREST FIRES 5,000 5,000 0 FIRE ALARM MAINT. EXPENSE 0 0 0 HYDRANT SERVICE 11,333 11,333 0 AMBULANCE SERVICE 0 0 0 BUILDING INSPECTOR SALARY &ASST. 48,105 49,548 1,443 BUILDING INSPECTOR EXPENSE 3,100 3,100 0 GAS INSPECTOR'S EXPENSE 3,000 4,500 1,500 PLUMBING INSPECTOR'S EXPENSE 5,500 5,500 0 SEALER OF WEIGHTS & MEASURES 1,000 2,500 1,500 WIRE INSPECTOR'S EXPENSE 7,000 12,000 5,000 FIRE INSPECTOR'S EXPENSE 3,000 3,000 0 CIVIL DEFENSE 1,500 1,500 0 ACO SALARY 16,854 17,360 506 PARKING CLERK'S SALARY 2,400 2,400 0 PARKING CLERK'S EXPENSE 600 600 0 VOCATIONAL TRANSPORT 6,700 6,700 0 TRITON REGIONAL CAPITAL IMPROV. 261,021 244,998 <16,023> HIGHWAY LABOR 404,780 360,217 <44,563> SNOW REMOVAL WAGES/EXPENSE 95,000 95,000 0 STREET LIGHTING 37,800 42,000 4,200 HIGHWAY MAINTENANCE 80,000 80,000 0 TRUCK MAINTENANCE 60,000 60,000 0 GARAGE MAINTENANCE 25,000 25,000 0 CEMETERIES EXPENSE 0 0 0 BOARD OF HEALTH EXPENSE 225,000 234,725 9,725 BOARD OF HEALTH WAGES 46,350 111,708 65,358 PUBLIC HEALTH SERVICES EXPENSE 18,547 18,750 203 COUNCIL ON AGING WAGES 61,506 63,351 1,845 COUNCIL ON AGING EXPENSE 17,550 17,550 0 VETERANS SERVICES 18,000 18,000 0 NEWBURY TOWN LIBRARY WAGES 206,801 213,057 6,256 NEWBURY TOWN LIBRARY EXPENSES 127,125 127,125 0 LIFEGUARD WAGES 45,000 46,350 1,350 LIFEGUARD EXPENSES 5,000 5,000 0 PARKS EXPENSE 59,000 64,000 5,000 136 HISTORIC COMMISSION 650 650 0 HISTORIC RECORDS PRESERVATION 0 0 0 MEMORIAL DAY 600 600 0 LONG TERM DEBT PRINCIPAL 1,215,000 1,170,000 <45,000> SHORT TERM DEBT INTEREST 35,000 35,000 0 LONG TERM DEBT INTEREST 680,680 625,000 <55,680> PROP/EXCISE INTEREST 500 500 0 HEALTH & DENTAL INSURANCE 340,655 386,700 46,045 EMPLOYEE LIFE INSURANCE 1,806 1,806 0 FICA MEDICARE 55,200 58,200 3,000 CONSERVATION FUND 0 0 0 ARTICLE 2 TOTALS 6,424,601 6,566,631 130,930 , ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $6,095,371 FOR THE TRITON REGIONAL SCHOOL DISTRICT'S FY05 ASSESSMENT TO THE TOWN OF NEWBURY ACCORDING TO THE TERMS OF THE REGIONAL AGREEMENT. FINANCR COMMITTEE RECOMMENDS ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF SELECTMEN TO APPOINT A SPECIAL COMMITTEE FROM AMONG THE CITIZENS OF NEWBURY FOR THE SPECIFIC PURPOSE OF REVIEWING AND EXAMINING THE"REGIONAL AGREEMENT"SO-CALLED OF THE TRITON REGIONAL SCHOOL DISTRICT. SAID REVIEW AND EXAMINATION SHALL INCLUDE BUT NOT BE LIMITED TO THE CONTINUED VIABILITY OF THE REGIONAL DISTRICT,GOVERNANCE, BENEFITS AND LIABILITIES ASSOCIATED WITH THE TOWN OF NEWBURY'S PARTICIPATION IN THE DISTRICT INCLUDING THE EFFECTS OF FULL REGIONALIZATION K-12,APPORTIONMENT OF CAPITAL AND OPERATING COSTS INCLUDING THOSE ASSOCIATED WITH SCHOOL CHOICE, TRANSPORTATION,SPECIAL EDUCATION,CHARTER SCHOOL TUITION,HOSTING COSTS,PUBLIC SAFETY,PUBLIC HEALTH,AND PUBLIC WELFARE. SAID COMMITTEE SHALL MAKE A REPORT OF ITS FINDINGS AND ANY RECOMMENDATIONS TO THE BOARD OF SELECTMEN NOT LATER THAN DECEMBER 31,2004. FINANCE COMMITTEE RECOMMENDS ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$117,250 FOR THE WHUTIER REGIONAL VOCATIONAL TECHNICAL HIGH SCHOOL'S FY05 ASSESSMENT TO THE TOWN OF NEWBURY. FINANCE COMMITTEE RECOMMENDS , ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND/OR TAKE FROM FREE CASH OR AVAILABLE FUNDS THE SUM OF$274,891 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 2005. 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 2004. 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 137 ARTICLE 9. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF$137,007 FROM CHAPTER 90 AVAILABLE FUNDS PURSUANT TO CHAPTER 246B OF THE ACTS OF 2002, CONTRACT 4246208. FINANCE COMMITTEE RECOMMENDS 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, 53E 1/2 OF CHAPTER 44 MGL. THE ANIMAL CONTROL OFFICER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND$3,000 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''/z OF CHAPTER 44 MGL. THE HARBORMASTER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND$46,680 DURING THE NEXT FISCAL YEAR FINANCE COMMITTEE RECOMMENDS ARTICLE 12. TO SEE IF THE TOWN WILL AUTHORIZE THE HARBORMASTER,WITH THE APPROVAL OF THE SELECTMEN,TO SPEND UP TO$3,500 FROM THE "MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE FUND"FOR THE REPAIR OF THE TOWN BOAT RAMP. FINANCE COMMITTEE RECOMMENDS ARTICLE 13. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE$29,644 FOR THE LEASE/PURCHASE OF A NEW 10-WHEEL TRUCK WITH WING PLOW,PER THE TERMS OF A FIVE- YEAR LEASE. FINANCE COMMITTEE RECOMMENDS ARTICLE 14. TO SEE IF THE TOWN WILL VOTE TO ACCEPT THE PROVISIONS OF MGL CHAT,s19K, WHICH PROVIDES THAT A TOWN CLERK WHO COMPLETES THE NECESSARY TRAINING AND RECEIVES CERTIFICATION AS A"CERTIFIED MASSACHUSETTS MUNICIPAL CLERK"WILL BE PAID ADDITIONAL COMPENSATION OF 10%OF HIS/HER ANNUAL SALARY TO A MAXIMUM OF$1,000. TO QUALIFY THE CLERK MUST PROVIDE THE SELECTMEN WITH PROOF OF CERTIFICATION. FINANCE COMMITTEE RECOMMENDS ARTICLE 15. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE OR TRANSFER FROM AVAILABLE FUNDS THE SUM OF$5,000 FOR THE PURPOSE OF MAINTAINING THE TOWN'S CODE BOOKS,INCLUDING BUT NOT LIMITED TO MAKING REQUIRED CHANGES,ADDITIONS AND DELETIONS TO THE TOWN'S CODE BOOKS. FINANCE COMMITTEE RECOMMENDS ARTICLE 16. TO SEE IF THE TOWN WILL VOTE TO RATIFY AND APPROVE THE INTERMUNICIPAL AGREEMENT DATED AUGUST 22,2000,ENTERED INTO BETWEEN THE TOWN OF NEWBURY AND THE CITY OF NEWBURYPORT(INCLUDING IT'S POLITICAL SUBDIVISIONS)FOR THE PURPOSE OF PROVIDING WATER AND SEWER SERVICE TO THE CITIZENS OF PLUM ISLAND,AND TO AUTHORIZE THE SELECTMEN TO AMEND THE SAID INTERMUNICIPAL AGREEMENT FROM TIME TO TIME,AS NECESSARY TO ACCOMPLISH SAID PURPOSE. ARTICLE 17. 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 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 I 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 18. 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 19. TO MEET ON TUESDAY MAY 11,2004,IN OUR RESPECTIVE VOTING DISTRICTS FOR THE ELECTION OF TOWN OFFICERS TO THE FOLLOWING POSITIONS,VIZ: SELECTMAN 3 YEARS, SELECTMAN 2 YEAR UNEXPRRED TERM,BOARD OF HEALTH 3 YEARS,ASSESSOR 3 YEARS, PLANNING BOARD 3 YEARS,FISH COMMISSIONER 3 YEARS,TREE WARDEN I YEAR,LIBRARY TRUSTEE 3 YEARS,CONSTABLE 4 YEARS,AND TRITON REGIONAL SCHOOL COMMITTEE; NEWBURY 3 YEARS,ROWLEY 3 YEARS,ROWLEY 1 YEAR UNEXPIRED TERM, SALISBURY 3 YEARS,AND TO VOTE ON THE FOLLOWING QUESTION: "Shall the Town of Newbury be allowed to assess an additional$595,000.00 in real estate and personal property taxes for the purpose of funding the operating budget of the Town,the Triton Regional School District assessment,and the Whittier Regional Vocational Technical High School District assessment for the fiscal year beginning July 1,2004T' THE POLLS WILL BE OPEN AT 12 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,AND 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 13ra DAY OF APRIL,2004. ' SEVJC,TMEN,TOWN OF WBURY A TRUE COPY ATTEST: v— DONNA R. STEFANILE,TOWN CLERK az ✓ ,,h.,,9 0 f(e 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:L�`CAL —�`(p C{ CONSTABLE: �,A�97 C`wn/ PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED,I HAVE NOTIFIED AND WARNED THE INHABITANTS OF THIS TOWN OF NEWBURY,QUALIFIED TO VOTE IN TOWN AFFAIRS,TO MEET AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED. ^ DATE: �( � � CONSTABLE:�- 1 TOWN OF NEWBURY ANNUAL TOWN MEETING APRIL 27, 2004 RESULTS TOWN MODERATOR,JOHN P. SALTER,CALLED THE MEETING TO ORDER AT 7:08 P.M.WITH A QUORUM PRESENT.CONSTABLE,RICHARD N.CUNNINGHAM READ THE RETURN. FOLLOWING THE PLEDGE OF ALLEGIANCE A MOMENT OF SILENCE WAS OBSERVED FOR THE FORMER EMPLOYEES WHO SERVED THE TOWN AND PASSED AWAY SINCE OUR LAST MEETING: GAIL LUCAS,WHO HELPED SERVE AT COUNCIL ON AGING. DAVID S. CALDWELL,FORMER BUILDING INSPECTOR,ASSISTANT BUILDING INSPECTOR,PLANNING BOARD,208 WATER QUALITY ADVISORY COMMISSION, AND SCENIC RIVERS. BRUCE D. SAUNDERS, SELECTMAN,PLANNING BOARD,CONSERVATION COMMISSION AND ZONING BOARD OF APPEALS. ALL ARE GREATLY MISSED. ARTICLE 1. MOVED AND SECONDED TO ACT ON THE REPORTS OF THE SELECTMEN, TREASURER,COLLECTOR,AUDITOR,SCHOOL COMMITTEE, SPECIAL COMMITTEES,AND ALL OTHER TOWN OFFICERS. PASSED UNANIMOUS. ARTICLE 2. KEVIN BLANCHETTE,CHAIRMAN OF FINANCE COMMITTEE BRIEFLY EXPLAINED THE BUDGET AND HOW ALL DEPARTMENTS WORKED TOGETHER TO GET A BALANCED BUDGET.ARTICLE WAS MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND TAKE FROM FREE CASH AND OTHER AVAILABLE FUNDS$6,555,531 FOR THE OPERATION OF THE TOWN IN FISCAL 2005. PASSED UNANIMOUS. ARTICLE 3. MODERATOR JOHN P. SALTER APPOINTED RICHARD JOY TO TAKE OVER FOR THIS ARTICLE DUE TO CONFLICT BECAUSE HE PROVIDES THE TRANSPORTATION FOR THE SCHOOLS. MOVED AND SECONDED TO APPROVE THE SUM OF$6,095,371 FOR THE TRITON REGIONAL SCHOOL DISTRICT'S FY05 ASSESSMENT TO THE TOWN OF NEWBURY ACCORDING TO THE TERMS OF THE REGIONAL AGREEMENT. PASSED UNANIMOUS. ARTICLE 4. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF SELECTMEN TO APPOINT A SPECIAL COMMITTEE FROM AMONG THE CITIZENS OF NEWBURY FOR THE SPECIFIC PURPOSE OF REVIEWING AND EXAMINING THE "REGIONAL AGREEMENT"SO CALLED OF THE TRITON REGIONAL SCHOOL DISTRICT. SAID REVIEW AND EXAMINATION SHALL INCLUDE BUT NOT BE LIMITED TO THE CONTINUED VIABILITY OF THE REGIONAL DISTRICT,GOVERNANCE,BENEFITS AND LIABILITIES ASSOCIATED WITH THE TOWN OF NEWBURY'S PARTICIPATION IN THE DISTRICT INCLUDING THE EFFECTS OF FULL REGIONALIZATION K-12,APPORTIONMENT OF CAPITAL AND OPERATING COSTS INCLUDING THOSE ASSOCIATED WITH SCHOOL CHOICE,TRANSPORTATION,SPECIAL EDUCATION,CHARTER SCHOOL TUITION,HOSTING COSTS,PUBLIC SAFETY,PUBLIC HEALTH,AND PUBLIC WELFARE. SAID COMMITTEE SHALL MAKE A REPORT OF ITS FINDINGS AND ANY RECOMMENDATIONS TO THE BOARD OF SELECTMEN NOT LATER THAN DECEMBER 31,2004. PASSED UNANIMOUS. ARTICLE 5. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$117,250 FOR THE WHITTIER REGIONAL VOCATIONAL TECHNICAL HIGH SCHOOL'S FY05 ASSESSMENT TO THE TOWN OF NEWBURY. PASSED UNANIMOUS. ARTICLE 6. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND/OR TAKE FROM FREE CASH OR AVAILABLE FUNDS THE SUM OF $274,891 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 2005. PASSED UNANIMOUS. ARTICLE 7. MOVED AND SECONDED 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 TH E SUMMER OF 2004. PASSED UNANIMOUS. ARTICLE 8. MOVED AND SECONDED 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. PASSED UNANIMOUS. ARTICLE 9. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF$137,007 FROM CHAPTER 90 AVAILABLE FUNDS PURSUANT TO CHAPTER 246B OF THE ACTS OF 2002,CONTRACT 4246208. PASSED UNANIMOUS. , ARTICLE 10. MOVED AND SECONDED 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 $3,000 DURING THE NEXT FISCAL YEAR FOR ANIMAL CONTROL EXPENSES. PASSED UNANIMOUS. ARTICLE 11. MOVED AND SECONDED 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$46,680 DURING THE NEXT FISCAL YEAR. PASSED UNANIMOUS. ARTICLE 12. MOVED AND SECONDED TO SEE IF THE TOWN WILL AUTHORIZE THE HARBORMASTER,WITH THE APPROVAL OF THE SELECTMEN,TO SPEND UP TO$3,500 FROM THE"MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE FUND"FOR THE REPAIR OF THE TOWN BOAT RAMP. PASSED UNANIMOUS. ARTICLE 13. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND ' APPROPRIATE$29,644 FOR THE LEASE/PURCHASE OF A NEW 10-WHEEL TRUCK WITH WING PLOW,PER THE TERMS OF A FIVE-YEAR LEASE. PASSED UNANIMOUS. ARTICLE 14. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO ACCEPT THE PROVISIONS OF MGL,CH.41,s19K,WHICH PROVIDES THAT A TOWN CLERK WHO COMPLETES THE NECESSARY TRAINING AND RECEIVES CERTIFICATION AS A"CERTIFIED MASSACHUSETTS MUNICIPAL CLERK"WILL BE PAID ADDITIONAL COMPENSATION OF 10%OF HIS/HER ANNUAL SALARY TO A MAXIMUM OF$1,000. TO QUALIFY THE CLERK MUST PROVIDE THE SELECTMEN WITH PROOF OF CERTIFICATION. PASSED UNANIMOUS. ARTICLE 15. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE OR TRANSFER FROM AVAILABLE FUNDS THE SUM OF$5,000 FOR THE PURPOSE OF MAINTAINING THE TOWN'S CODE BOOKS,INCLUDING BUT NOT LIMITED TO MAKING REQUIRED CHANGES,ADDITIONS AND DELETIONS TO THE TOWN'S CODE BOOKS. PASSED UNANIMOUS. ARTICLE 16. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RATIFY AND APPROVE THE INTERMUNTICIPAL AGREEMENT DATED AUGUST 22,2000,ENTERED INTO BETWEEN THE TOWN OF NEWBURY AND THE CITY OF NEWBURYPORT(INCLUDING IT'S POLITICAL SUBDIVISIONS)FOR THE PURPOSE OF PROVIDING WATER AND SEWER SERVICE TO THE CITIZENS OF PLUM ISLAND,AND TO AUTHORIZE THE SELECTMEN TO AMEND THE SAID INTERMUNICIPAL AGREEMENT FROM TIME TO TIME,AS NECESSARY TO ACCOMPLISH SAID PURPOSE.AFTER SOME DISCUSSION A MOTION BY DAVID MOUNTAIN TO POSTPONE ANY VOTE UNTIL A SPECIAL TOWN MEETING IS SECONDED. A COUNTED VOTE OF YES-106 TO NO-68 POSTPONES THE ARTICLE. 141 ARTICLE 17. MOVED AND SECONDED 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 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. PASSED UNANIMOUS. ARTICLE 18. MOVED AND SECONDED 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. PASSED UNANIMOUS. ARTICLE 19. MOVED AND SECONDED TO MEET ON TUESDAY MAY 11,2004,IN OUR RESPECTIVE VOTING DISTRICTS FOR THE ELECTION OF TOWN OFFICERS TO THE FOLLOWING POSITIONS,VIZ: SELECTMAN 3 YEARS,SELECTMAN 2 YEAR UNEXPRIED TERM,BOARD OF HEALTH 3 YEARS,ASSESSOR 3 YEARS,PLANNING BOARD 5 YEARS,FISH COMMISSIONER 3 YEARS,TREE WARDEN 1 YEAR,LIBRARY TRUSTEE 3 YEARS, CONSTABLE 4 YEARS,AND TRITON REGIONAL SCHOOL COMMITTEE;NEWBURY 3 YEARS, ROWLEY 3 YEARS,ROWLEY 1 YEAR UNEXPIRED TERM,SALISBURY 3 YEARS,AND TO VOTE ON THE FOLLOWING QUESTION: "Shall the Town of Newbury be allowed to assess an additional$595,000.00 in real estate and personal property taxes for the purpose of funding the operating budget of the Town,the Triton Regional School District assessment,and the Whittier Regional Vocational Technical High School District assessment for the fiscal year beginning July 1,2004?" PASSED UNANIMOUS. THE POLLS WILL BE OPEN AT 12 NOON AND CLOSE AT 8:00 P.M. MEETING ADJOURNED AT 9:03 P.M.THERE WERE 231 VOTERS CHECKED IN. RESPECTFULLY SUBMITTED; DONNA R. STEFANIft TOWN CLERK ANNUAL TOWN ELECTION MAY 11,2004 RESULTS PCT. 1 PCT. 2 TOTAL SELECTMAN(3YR) JANE F.MCNEAL(withdrew after deadline) 72 48 120 VINCENT J.RUSSO 701 425 1126 THOMAS J.WHITE 50 177 227 , SELECTMAN(2 YR UNEXPIRED) CHARLES D.BEAR 326 484 810 MICHAEL G.DOYLE 472 197 669 LARRY B.ROGERS 34 13 47 BOARD OF HEALTH(3 YR) * ALBA L.GOULDTHORPE 540 441 981 ASSESSOR(3 YR) * WORTHEN H.TAYLOR JR. 633 499 1132 PLANNING BOARD(5 YR) EDWARD A.DEARDON' 239 247 486 JOHN M.MURPHY 263 220 483 FISH COMMISSIONER(3 YR) CHARLES A.COLBY 643 514 1157 TREE WARDEN(1 YR) * PETER W.HOLLIS 611 471 1082 LIBRARY TRUSTEE(3 YR) THERESA A.GILBERT 302 371 673 RICHARD M.RAVIN 278 139 417 CONSTABLE(4 YR) ' ROBERT J.HAYNES 126 290 416 DOUGLAS E.PACKER 571 250 821 TRITON REGIONAL SCHOOL COMMITTEE NEWBURY(3 YR) * JOAN M.WEYBURN 605 511 1116 ROWLEY(3 YR) CONSTANCE J.HAM 3LEY 340 307 647 ROWLEY(1 YR UNEXPIRED) DARLENE J.DOUCOT 219 160 379 LISA J.NESTOR 171 216 387 SALISBURY(3 YR) DEBORAH A.CHOATE 270 230 500 DAVID CHARLES COLBURN 114 106 220 QUESTION#1. "Shall the Town of Newbury be allowed to assess an additional$595,000.00 in real estate and personal property taxes for the purpose of funding the operating budget of the Town,the Triton Regional School District assessment,and the Whittier Regional Vocational Technical High School District assessment for the Fiscal year beginning July I,2004?" YES 419 32 NO 419 322 741 741 TOTAL VOTERS 869 709 1578 * incumbent 27% turnout 4303 registered voters 145 TOWN OF NEWBURY SPECIAL TOWN MEETING DUNE 22, 2004 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 22ND DAY OF JUNE 2004 AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ: ARTICLE 1. To see if the Town will vote to raise and appropriate the sum of$5,686,806 as the net minimum contribution for the Triton Regional District Fiscal Year'05 assessment to the Town of Newbury. FINANCE COMMITTEE RECOMMENDS ARTICLE 2. To see if the Town will vote to transfer from among the following accounts unexpended funds to certain deficit accounts for the Fiscal Year '04. FINANCE COMMITTEE RECOMMENDS Debit Credit Town Hall Administrative $15,000 Police wages $559000 Assessor's expense $10,000 Health Insurance $29,000 Planning Board consultant $ 5,000 Master Plan $ 81000 Highway labor wages $11,000 Snow removal wages/expense $11,000 Highway maintenance $10,000 Truck maintenance $10,000 Council on Aging wages $ 59000 Town library wages $ 3,000 Medicare $ 3,000 Total debits $91,000 $84,000 ARTICLE 3. To vote to see if the Town will authorize the animal control officer with the approval of the selectmen to spend an additional$2,000 from the "dog fund" during the current fiscal year '04 for the expenses of the inspector of animals. FINANCE COMMITTEE RECOMMENDS ARTICLE 4. To vote to see if the Town will authorize the animal control officer with the approval of the selectmen to spend an additional$2,000 from the "dog fund" during the next fiscal year"05 for the expenses of the inspector of animals. FINANCE COMMITTEE RECOMMENDS 144 ARTICLE 5. To see if the Town will vote to approve the amended Intermunicipal Agreement between the Town of Newbury and the City of Newburyport as set forth below. The amended agreement removes the eminent domain powers previously contained in section 9 and replaces them with the Memorandum of Understanding previously approved by a vote of the Old Town Water District. Other text in bold lettering has been added to address state statutory requirements. INTERMUNICIPAL AGREEMENT BETWEEN THE CITY OF NEWBURYPORT AND THE TOWN OF NEWBURY FOR THE PROVISION OF WATER AND SEWER SERVICES TO PROPERTIES WITHIN BOTH COMMUNITIES ON PLUM ISLAND PREAMBLE ' The purpose of this intermunicipal agreement between the City of Newburyport (hereinafter referred to as "City") and the Town of Newbury (hereinafter referred to as "Town") is to provide those properties of both communities in the Service Area (as defined below in Section 2) with a municipal water and sewer system whose capital and operating costs will be shared equally by all users within each system, regardless of the municipality in which they reside. It is predicated on the assumptions that 1) the Safe Yield Study has shown that the City has sufficient water to supply the Service Area with water for domestic and other purposes on an average daily basis; 2) the Newburyport Waste Water Treatment Plant and collection system have sufficient permitted capacity to service the Service Area on an average daily basis; and 3) it is agreed that the residents of the Service Area, regardless of the municipality in which they reside, will be provided with water and sewer on the same basis and at the same costs that residents in other parts of the City are provided with water and sewer. Because the City already has an established water and sewer department, and because the City already provides certain portions of the Town with water, both the Town and the City desire that the City administer the provision of water and sewer services to the Service Area in both municipalities. Section 1 (Failure to provide water and sewer to Service Area) The City and the Town are bound by the terms and conditions of the Administrative Consent Order (ACO) to be entered into and executed by the City, the Town, and the Massachusetts Department of Environmental Protection on September 15, 2p00. Both , this agreement and the ACO are based upon the fact that the Service Area will be provided with water and sewer service. In the event that the Service Area is not provided with water and sewer service, this agreement shall become null and void. This agreement shall be valid and binding only if both municipalities have taken all necessary steps and received funding approval for the full cost of the system extension to the Service Area. Section 2 (Service Area defined &barrier beach order) The Service Area is defined as that portion of Plum Island located within the boundaries of the City and the Town (excluding any reservation land owned by the Commonwealth or the Federal Government), and any area directly adjacent to the Plum Island Turnpike east of the terminus of the Newburyport water service as of the date of this agreement. Plum Island has unique Title V problems because it is a barrier beach community where the majority of the existing housing stock is built on 70' by 70' lots subdivided in the 1920's. Section 3 (Buildable lots defined-hookups required-zoning&health restrictions) 145 The Total Cost of the Project shall be paid for by betterment assessments on the parcels of land in the Service Area in both the City and the Town. A parcel of land in the Service Area shall be subject to a betterment assessment if it currently contains one or more dwelling units or if it is classified as a buildable lot as of September 30t', 2000 even though currently vacant. Parcels which are not classified as buildable lots as of that date shall not be allowed to tie into the water or sewer systems and shall not be subject to a betterment assessment. "Classified as a buildable lot" shall mean a parcel of land that is capable of being built upon under the applicable federal, state and local rules and regulations, including but not limited to zoning, assuming that municipal water and sewer service will be available to the parcel under this project. The method of determining the amount of the betterment assessment shall be the same in both communities and shall be based on the agreed total cost of the project divided by the number of parcels served, regardless of the community in which a parcel lies. Consistent with the ACO, the owner of any buildable or built upon parcel bettered by the system installed shall be required to hook into both systems, and prior to being allowed to hook into either system, must install the water saving devices to be specified in the Water Conservation Plan for the Service Area, must sign an agreement to comply with the water and/or sewer use restrictions specified in the Water Conservation Plan for the Service Area, the Newburyport Sewer Use Ordinance, as amended, and the Newburyport Sewer Department's (NSD) Policy and Procedure Memoranda, as amended, prior to connection to the water and sewer system, and must sign an agreement to comply with the restrictions of Section 8 of the ACO. All dwellings and businesses will be required to connect to both systems for environmental, health and safety considerations. Old septic systems shall be made inoperable (but not removed) within 7 days of hooking up to the water and sewer system. Betterment assessments shall be on a parcel by parcel basis, regardless of whether that parcel contains a single or multi-dwelling unit, or is used for a commercial or other non-residential purpose. Both Newbury and Newburyport shall adopt a Service Area Overlay District and/or other zoning amendments (which shall be attached hereto and made a part hereof as "Exhibit A"), with the following zoning and development controls. Despite the addition of water and sewer, a property owner making improvements to a parcel, in addition to the restrictions set forth in the zoning overlay district, cannot: a) increase the number of bedrooms; b) exceed the median roof height of 35 feet, even if only adding living space; c) go beyond the footprint of the existing dwelling but may cantilever. (If unable to cantilever, then the property owner may exceed footprint, but may not impede side line setback of 10 feet. The Board of Health and/or Sewer Department of both communities shall also adopt regulations regarding sewer connections and sewerage flow restrictions, which regulations shall be made a part hereof and attached hereto as Exhibit B. Both municipalities agree to adopt similar regulations and restrictions, so that requirements for hookup and service will be uniform throughout the service area. Section 4 (Computing construction costs) The total cost of the project shall include the costs of preparing a Water Conservation Plan, the costs of materials and installation of those materials, the costs of engineering, the costs of employing consultants and attorneys, actual administrative costs, any other "soft costs agreed upon", as well as the costs of those portions of recently completed 146 upgrades to the Newburyport water system attributable solely to supplying the Service Area with water as stated on Camp, Dresser & McKee's page 7 of its Technical Memoranda #7, revised January 31, 2000. attached here to as Exhibit C and incorporated herein by reference, and any additional capital costs attributable solely to supplying the Service Area with water and/or sewer. The term "soft costs agreed upon" as used in this Section shall mean costs agreed upon by the Newbury Board of Selectmen casting one vote, and the Mayor of Newburyport, the Newburyport Water Commission and the Newburyport Sewer Commission, collectively casting one vote. (For the purpose of future joint water and/or sewer projects, Newbury shall, to the extent legally possible, be included in Newburyport's bonding capacity.) The total costs shall not exceed $9,389,000.00 for the City of Newburyport and , shall not exceed $13,511,000.00 for the Town of Newbury, as specified in the authorizing votes. Section 5 (Allocating construction costs -requirement to fund) As authorized by the city council vote of the Newburyport City Council at their meetings of July 31, 2000, and August 14, 2000 respectively, and by the town meeting vote by the town of Newbury held on August 8, 2000, all costs related to the design and construction of the water and sewer systems in the Service Area are to be jointly and proportionately shared by the Town of Newbury and the City of Newburyport pursuant to the allocation ratio set forth in this agreement. The costs for the construction of sewer utilities and water utilities shall be kept separate. The cost of the Project Coordinator shall be divided equally between the water and sewer project costs. The funds, receipts, grants, gifts, bequests and other monies received shall be kept separate between the water and sewer portion of the project and if it cannot be determined what portion should be assigned to the water or sewer, then such item or receipt shall be divided equally between water and sewer. The cost of construction of the water and sewer systems shall be divided between the municipalities in a ratio based upon the number of parcels of land in the Service Area subject to betterment assessments within each community as of September 30, 2000. For example, if, as is currently believed, the Newburyport portion of the Service Area contains a total of 529 parcels which would be subject to a betterment assessment and the Newbury portion of the Service Area contains a total of 751 parcels which would be subject to a betterment assessment, the ratio to be used ' would be 59% Newbury: 41% Newburyport. All grants and loans received, as well as all sums borrowed by each community in connection with the construction of any water or sewer system for the Service Area will be shared or borrowed, as the case may be, between the two communities in the same ratio as the communities share in bearing the costs of construction. All funds, receipts, grants, gifts, bequests and other monies dedicated to the construction, maintenance, management, operation or improvement of that portion of the water and sewer system which is the subject of this agreement shall be held by the City Treasurer and accounted for by the City Auditor of the City of Newburyport. Since Newburyport will appoint the project coordinator (PC), for the project (Section 8), Newbury will reimburse Newburyport for its share of the costs determined under the formula set forth in this section, as applied to the costs set forth in Section 4, above. Newburyport shall bill Newbury for its proportionate share as funds are expended, and Newbury shall pay those sums directly to the vendors within 30 days of such billing. Any increase in costs caused by a delay in payments to vendors by either municipality shall be borne by that municipality. The City and Town shall have the right to examine the project books and records to confirm the accuracy and propriety of the amounts billed to 1 14 it. Section 6(Operational responsibility- billing for operating costs) The portion of the Newburyport water and sewer systems servicing the Service Area shall be operated and maintained by the City in the same manner as it operates and maintains the other portions of the Newburyport water and sewer systems. The City shall determine the user fees for services in the Service Area in the same manner as it determines the user fees for all other users in the City. Ali annual capital and operating costs of each system shall be borne by applying the same rate structure to all users regardless of community or location within a community. The City shall maintain and, as necessary, repair the portion of the water and sewer systems servicing the Service Area in the same manner as it maintains and repairs other portions of the water and sewer systems. All annual capital and operating costs shall be billed and retained by the City. All annual capital and operating costs shall be separated between water and sewer and the amounts received for water shall be applied to the Newburyport Water Works (NWW) account. In the event it is determined that the NWW or NSD cannot enforce a lien on property located in the Town of Newbury, the Town of Newbury will enforce the lien as allowed by law and pay to the City of Newburyport the amounts collected for fees for water, sewer, interest and costs incurred by the City. Prior to the Treasurer or Collector of the Town issuing a municipal lien certificate on any property serviced by the NWW or NSD, the Treasurer or Collector of the Town shall consult with the Treasurer and Collector of the City as to any outstanding sewer or water bills, and note such indebtedness upon the requested municipal lien certificate. The costs of construction will be borne equally by each parcel being serviced. The NWW and the NSD (Newburyport Sewer Department) will have the right to lien for non- payment of user fees in the Town of Newbury, and both municipalities agree to seek a special act of the legislature should the same become necessary to do so. Section 7 (Betterment assessment and collection) Each municipality shall assess, bill and collect its own betterment charges on all parcels of land located within that municipality's portion of the Service Area. Section 8 (PC's appointment & duties) The Mayor, with a designee from both the Water and Sewer Commissions, and the Town, have designated Brendan O'Regan as Project Coordinator (PC) for both municipalities. In the event Brendan O'Regan is unable to serve or refuses to serve as a Project Coordinator, or if the Mayor, the majority of the Water Commissioners and Sewer Commissioners and a majority of the Selectmen of the Town determine to remove him as Project Coordinator, then the same shall appoint his successor. As authorized by the City Council and Town Meeting Votes, the PC shall be responsible for the acceptance and expenditure of all funds received for this project, whether from grant, bond issuance or otherwise, for the design and construction of the water and 148 sewer systems within the Service Area subject to the provisions set forth in this agreement. Administration and accounting of all such funds shall be performed by the City. Such expenditures shall be consistent with state and local finance regulations. Contractors shall submit all invoices for payment to the PC and the PC shall obtain the approval of the Mayor of the City and the Chairman of the Board of Selectmen of the Town (Chairman), or their authorized designees, prior to the payment of such invoices. Consultation between the Mayor, Chairman and PC or their authorized designees shall occur at least once per month until ail construction phases are completed. It shall be the responsibility of the PC to coordinate with the Treasurer's Office for submission of the invoices to the funding (granting or lending) authority for payment or reimbursement whenever such submission is required. No payments shall be made to any contractor for work performed on the installation of the water system until approved by the Newburyport Water Commissioners. Section 9 (Newburyport's Right to search for water in the Old Town section of Newbury) This intermunicipal agreement hereby incorporates by reference and makes a part hereof the "Memorandum Of Understanding Between The City Of Newburyport, The Newburyport Water Commission, And The Town of Newbury And Oldtown Water District Relative To New Water Supply Developments For The Purpose Of Supplying Water To Plum Island" and dated with an agreed effective date of September 12, 2003. Section 9A- (Sewer system extension not required) Nothing in this agreement shall be construed as to include any extension of the Newburyport Sewer System to any area of the municipal limits of the town of Newbury, other than the areas of Plum Island and Plum Bush Downs. A separate and distinct approval of the Newburyport Sewer Commission shall be necessary for extension of the Newburyport sewer system to any other area. Section 9B-(management agreement) It is intended that this intermunicipal agreement shall serve as a management , agreement for the allocation of all expenses and costs associated with the operations, maintenance and capital improvement or repair costs associated with the construction of water and sewer systems, and the operation thereof, within the Service Area. Section 10—(Fluoridation) The Town agrees that whatever determination is made by the City for the insertion of fluoride in the water by the City under G.L. Ch. 111, Section 8C, be acceptable to the Town. In the event it is not acceptable to the Town, the Town shall pay the costs of installing any equipment necessary to provide the Town's users with water containing a different level of fluoride. Section 11 — (Review of Contract Documents) No contract shall be awarded for the construction of any water services under this agreement until the Newburyport Water Commission approves the design of the water service to be constructed, its specification, costs and schedule. Upon receipt of any such specifications, costs or schedule, the Newburyport Water Commissioners shall 151 1. The Town will take whatever action is reasonably requested by the Commission to obtain for the Commission access to the potential well sites in the Town, including but not limited to, the Parker Street well site and the proposed Tom Bashaw (Highfield Road) well site, so the Commission may conduct all tests necessary to determine the feasibility of developing such sites as water well sites. 2. Upon notice of the selection of one or more well sites in the Town by the Commission, the Town shall change its by-laws to create watershed protection districts as required by the Massachusetts Department of Environmental Protection. The District shall provide assistance to the Town to enact such by-laws and take all actions necessary to create watershed protection districts as required by the Massachusetts Department of Environmental Protection. 3. If any of the sites are detennined by the Commission to be capable of furnishing an adequate quantity of water and are capable of being permitted as a water supply in sufficient quantity and is of sufficient quality that it can be treated in accordance with state standards, at the request of the Commission, the Town shall acquire the site or sites and lease it to the Commission for water supply purposes. No agreement to purchase and no action to acquire such sites shall be executed by the Town until the Commission approves the terms and conditions by which each site shall be acquired Page 2 152 4. The Commission shall have the right to select and develop one or more well sites in the District such that the permitted capacity of the well or wells at least equals the quantities it is presently serving in the District, plus the actual or estimated demand for water by the properties served by the Commission in the Plum Island Service Area, whichever is greater plus twenty percent (20%), in order to allow for treatment losses and unaccounted for water. As used in this M.O.U. the Plum Island Service , Area is defined as that portion of Plum Island located within the boundaries of the City and the Town (excluding any reservation land owned by the Commonwealth or the Federal Government), and any area adjacent to the Plum Island Turnpike east of the terminus of the Newburyport water service as of the date of this agreement. Both the permitted capacity and the estimated demand shall be determined by the Massachusetts Department of Environmental Protection. The excess capacity from any well will be used first to meet the demands of the District and the balance of its capacity shall be used as determined by the Commission. If there is excess capacity, the Commission will agree to consider extending its present water distribution system within the geographical limits of the District to such areas and customers which are not presently served by the Commission upon the reasonable request of the Oldtown Water District that they do so. Costs for such services will be borne by the new system users. No additional wells shall be selected or developed in the District by the Commission when the estimated capacity of the well or wells selected or developed ' equals or exceeds the actual or estimated demand, whichever is greater, plus twenty percent(20%) for treatment losses and unaccounted for water. Actual demand shall be determined as the average of the past three years of metered usage at the properties so served within the District and Plum Island Service Area as defined above. Actual treatment losses and unaccounted for water shall be based on an average of the same three year period. Page 3 155 5. The City shall lease such sites from the Town for water supply purposes for a period of 25 years. The Commission shall pay the Town an annual rent equal to the cost of amortizing the principal and all applicable acquisition costs over 25 years, plus the interest the Town must pay to service the bonds issued to pay for any such purchase. The rent shall be paid in 12 equal installments payable the first business day of each month. In the event the lease is terminated prior to its term or the Town exercises its rights under Chapter 808 of the Acts of 1908 to take ownership of the Commission's utilities within the Town, the rent obligations shall cease and be pro-rated that year as of that date. 6. The Commission will be responsible for the design and construction of the necessary utilities to extract water from the sites and connect them to the Commission's water system, and will construct and maintain a water system and water services to the properties in the Plum Island Service Area referred to above, in accordance with its rules, regulations and Sections 1 through 8, 10 and 11 only of the inter-municipal agreement approved by the Newburyport City Council on August 14, 2000. All such wells, pumps, treatment facilities, transmission lines and other related utilities and equipment shall be the property of the Commission subject to Chapter 403 of the Acts of 1908. The Commission shall continue to supply water to the properties it presently serves in the Town as per the provisions of Chapter 403 of the Acts of 1908. 7. If the Town exercises its rights under Chapter 403 of the Acts of 1908 to acquire the wells or connections to the Commission's water system, the Town will furnish to the Town and the Plum Island Service Area, including the City's portion of the Plum Island Service Area, all water required and at the same rates and fees charged users within the Town Page 4 154 8. To the extent necessary to perform the intentions of this MOU, the Town, the District, the Commission and the City shall conduct the necessary votes and take all necessary actions to perform all commitments under this agreement, including adopting land controls required for state permitting, authorizing a 25-year land lease and borrowing sufficient money. 9. In the event the Town does not comply with the intentions of the terms set forth in , Paragraphs 1, 2, 3, 5 or 8 above, the District shall provide the Commission with access to the sites for testing, shall acquire the land for water supply purposes and shall lease the land to the Commission, each under the same terms and conditions as set forth in paragraphs 1, 2, 3, 5 and 8 above. All such actions shall be subject to such votes having been obtained from a District meeting as required by law. 10. The City and the Town shall reimburse the District and the Commission for any and all legal expenses incurred in the negotiating and execution of this M.O.U., up to a maximum of$5,000 each, incurred between January 1, 2003 and July 15, 2003 as long as this agreement is executed by all parties. The City and the Town shall make such reimbursement to the District and Commission promptly upon receipt of the District's or Commission's invoices for such reimbursement, and in the amount of such invoices. 11. The Commission shall provide the District with one of its professional staff to ' address District meetings about the status of the project and the relationship between the District and the Commission. This shall be done upon request up to three times per year which request shall be made to the Commission at least two weeks before such meeting. 12. The Town agrees to indemnify the Oldtown Water District, including its commissioners, officers and agents, for actions taken in connection with their official Page 5 1 4 9 have 30 days to object to such or it shall be deemed approved by them. No contract shall be awarded for the construction of any sewer services under this agreement until the Newburyport Sewer Commission approves the design of the sewer service to be constructed, its specifications, costs and schedule. Upon receipt of any such specifications, costs or schedule, the Newburyport Sewer Commissioners shall have 30 days to object to such or it shall be deemed approved by them. Section 12 - (Financial Accountability) The City of Newburyport and the Town of Newbury shall each appoint an individual to maintain accurate and comprehensive records of the following: A) services performed; B) costs incurred; C) reimbursements and contributions received. The accounts shall be audited on an annual basis, beginning one year after the commencement of the project by an auditor designated by the City and the Town. Financial statements shall be issued to the City of Newburyport and the Town of Newbury within two weeks of the completion of the annual audit. Appropriate performance bonds shall be given by the individuals assigned to maintain and audit the financial records and by the project coordinator. Section 13 - (Term of Agreement) This agreement shall be for a term of twenty-five (25) years. Section 14 - (Additional Requirements) To the extent that there are any statutory requirements which not set forth in this agreement, said statutory requirements are hereby made a part hereof and incorporated herein and to the extent that any such requirements may conflict with the terms of this agreement, those requirements shall take precedent and any terms of this agreement to the contrary shall be null and void. Witness our hands and seals this day of June, 2004 Town of Newbury 150 7/08/03 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF NEWBURYPORT THE NEWBURYPORT WATER COMMISSION AND TOWN OF NEWBURY AND OLDTOWN WATER DISTRICT RELATIVE TO NEW WATER SUPPLY DEVELOPMENTS FOR THE PURPOSE OF SUPPLYING WATER TO PLUM ISLAND WHEREAS, the City ofNewburyport (City) and the Newburyport.Water Commission (Commission) presently supply the Town of Newbury(Town)with potable drinking water for a portion of its community and plan on supplying additional residents of the Town and the City on Plum Island with potable water and; WHEREAS, the Oldtown Water District(District)holds the water rights within.its corporate boundaries in the Town of Newbury and wishes to supply water for District residents served by the Newburyport water system, and desires to assist the Commission in providing water to Plum Island residents outside the District; WHEREAS, the Commission is concerned that it does not have an adequate supply of water to serve its customers and potential customers in future years and therefore is in need of obtaining additional supplies and; WHEREAS the Commission has searched for additional water sources within the CitY's corporate boundaries with little success and desires the right to search, and if found,use water from the Town of Newbury; NOW THEREFORE,in consideration of mutual interests as set forth hereinafter, the City, the Commission, the Town and the District agree to the following terms and conditions of this Memorandum of Understanding (M.O.U.): Page 1 1. 55 duties as are related to this agreement. The Town shall be responsible for obtaining insurance and putting such insurance into place to cover this obligation, and shall provide evidence to the District of such coverage each year. 13. In the event that both the Town and the District fail to meet their commitments under this M.O.U. by June 1, 2015, the City and the Commission are under no obligation to supply water to Plum Island Service Area and the inter-municipal agreement approved by the Newburyport City Council on August 14, 2000 is of no force and effect as to any provision that relates to the Commission supplying water to the Plum Island Service Area referred to above. Agreed to on aj - lZ- 2003 by: Mayor, City of Newburyport Board of Selectmen, Town of Newbury ,4- Hon. Alan P. Lavender rM Newburyport Water Commission )- 0_3 Z' Board of Commissioners - Oldtown Water District 8f c� �b3 Page 6 156 ARTICLE 6. To see if the Town will vote to authorize the selectmen to sell a certain parcel of Town owned land to Troy D. Carr and Lauren J. Basile for the sale price of$3,000, said parcel being a portion of a lot commonly known as the"Father Sears" lot. The land to be sold being approximately 1,200 square feet, more or less, and being more particularly described as Lot A on a plan of land drawn by Pembroke Land Survey Company of Salem,NH prepared for Lauren J. Basile and Troy D. Carr, dated November 20, 2003. Buyer to be responsible for all closing costs including survey plan. SELECTMEN RECOMMEND ARTICLE 7. To see if the Town will vote to amend the Town of Newbury Bylaws section 97- 47.6.A.Lk, section 97-47.9.A, section 97-47.12.B and section 97-47.10.B.1 in article XIA Open Space Residential Development Bylaw as follows or take any other action relative thereto: , SELECTMEN RECOMMEND REPLACE THE FOLLOWING LANGUAGE TO SECTION 97-47.6.A.l.K: Official soil percolation tests for the,.purpose of siting wastewater treatment options are not required for the Concept Plan. WITH THE FOLLOWING LANGUAGE: Official soil percolation tests for the purpose of siting wastewater treatment options shall be required as determined by the Planning Board. ADD THE FOLLOWING LANGUAGE TO THE END OF SECTION 97-47.9.A: Any proposed open space that does not qualify for inclusion in the Conservation Restriction or that is rejected from inclusion in the Conservation Restriction by the State of Massachusetts will be subject to a Restrictive Covenant,that shall be approved by the Planning Board and Board of Selectmenfrown Counsel and enforceable by the Town. DELETE THE FOLLOWING LANGUAGE FROM SECTION 97-47.12.B: Multifamily structures of not more.than four(4) units are permitted if all units are restricted to occupancy by low or moderate-income persons or families. CHANGE THE LANGUAGE IN SECTION 97-47.10.B.1 TO READ AS FOLLOWS: ' Mix of Housing Types. The OSRD may consist of any combination of single-family and two4amily structures. Multifamily structures of not more than four(4) units may also be permitted by the Planning Board if they serve the purpose and intent of the Open Space Residential Development Bylaw,as stated in section 97-47.1. ARTICLE 8. To see if the Town will vote to create two separate fire districts, each with its own Board of Fire Engineers, and to authorize the Selectmen, at their discretion, to determine the boundaries of each district and to take any other action necessary to accomplish the same. SELECTMEN RECOMMEND AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED COPY THEREOF IN EACH VOTING DISTRICT, FORTEEN DAYS AT LEAST BEFORE THE TIME OF HOLDING SAID MEETING. 157 HEREOF, FAIL NOT AND MAKE DUE RETURN OF THE WARRANT WITH YOUR y DOINGS THEREON TO THE TOWN CLERK AT THE TIME AND PLACE AFORESAID. GIVEN UNDER OUR HANDS THIS 8TH DAY OF JUNE 2004. SELECTMEN, TO OF NEWBURY A TRUE COPY ATTEST: r 7� 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: �,6� � L�11 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:V���Q CONSTABLE: //r 1_ 58 TOWN OF NEWBURY SPECIAL TOWN MEETING JUNE 22,2004 RESULTS TOWN MODERATOR,JOHN P.SALTER CALLED THE MEETING TO ORDER AT 7:15 P.M WITH A QUORUM PRESENT. CONSTABLE RICHARD CUNNINGHAM READ THE RETURN. COUNTERS APPOINTED FOR THE MEETING WERE:RICHARD PASSERI,FRANK KELLEY, AND RONALD BARRETT. INTRODUCED AS BEING PRESENT AT THE MEETING WERE: SENATOR BRUCE TARR,REPRESENTATIVE HARRIETT STANLEY AND TRITON , SUPERINTENDENT,DR GARRY MURPHY. ALSO NEWBURY'S TWO NEW SELECTMEN WERE INTRODUCED; DR.VINCENT RUSSO AND CHARLES BEAR CHAIRMAN OF THE SELECTMEN,DR.VINCENT RUSSO HAD A BRIEF STATEMENT AND APPEALED TO THE CITIZENS OF NEWBURY TO VOLUNTEER FOR THREE BOARDS THAT NEEDED TO BE FILLED; PERSONNEL BOARD, SPECIAL 375TH TOWN ANNIVERSARY COMMITTEE FOR THE YEAR 2010,AND A COMMITTEE TO LOOK AT BEST USE OF THE WOODBRIDGE SCHOOL WHICH HAS BEEN UNOCCUPIED SINCE 1997. ARTICLE 1. MOVED AND SECONDED,KEVIN BLANCHETTE,CHAIRMAN OF THE FINANCE COMMITTEE PRESENTED AN EXPLANATION AS TO WHY THIS AMOUNT SHOULD BE APPROVED BY THE TOWN. WITH A COUNTED VOTE OF YES-241 TO NO-12,ARTICLE IS PASSED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $5,686,806 AS THE NET MINIMUM CONTRIBUTION FOR THE TRITON REGIONAL DISTRICT FISCAL YEAR'05 ASSESSMENT TO THE TOWN OF NEWBURY. ARTICLE 2. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO TRANSFER FROM AMONG THE FOLLOWING ACCOUNTS UNEXPENDED FUNDS TO CERTAIN DEFICIT ACCOUNTS FOR THE FISCAL YEAR'04. Debit Credit Town Hall Administrative $15,000 Police wages $55,000 Assessor's expense $10,000 Health Insurance $29,000 Planning Board consultant $5,000 Master Plan $8,000 Highway labor wages $11,000 Snow removal wages/expense $11,000 ' Highway maintenance $10,000 Truck maintenance $10,000 Council on Aging wages $ 5,000 Town library wages $3,000 Medicare $3,000 Total debits$91,000 $84,000 PASSED UNANIMOUS ARTICLE 3. MOVED AND SECONDED TO SEE IF THE TOWN WELL AUTHORIZE THE ANIMAL CONTROL OFFICER WITH THE APPROVAL OF THE SELECTMEN TO SPEND AN ADDITIONAL$2,000 FROM THE"DOG FUND"DURING THE CURRENT FISCAL YEAR'04 FOR THE EXPENSE OF THE INSPECTOR OF ANIMALS. VOTED UNANIMOUS ARTICLE 4. MOVED AND SECONDED TO SEE IF THE TOWN WILL AUTHORIZE THE ANIMAL CONTROL OFFICER WITH THE APPROVAL OF THE SELECTMEN TO SPEND AN ADDITIONAL$2,000 FROM THE"DOG FUND"DURING THE NEXT FISCAL YEAR'05 FOR THE EXPENSES OF THE INSPECTOR OF ANIMALS. VOTED UNANIMOUS ARTICLE 5. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO APPROVE THE AMENDED INTERMUNICIPAL AGREEMENT BETWEEN THE TOWN OF NEWBURY AND THE CITY OF NEW13URYPORT AS SET FORTH BELOW.THE AMENDED AGREEMENT REMOVES THE EMINENT DOMAIN POWERS PREVIOUSLY CONTAINED IN SECTION 9 AND , REPLACES THEM WITH THE MEMORANDUM OF UNDERSTANDING PREVIOUSLY APPROVED BY A VOTE OF THE OLD TOWN WATER DISTRICT.OTHER TEXT IN BOLD LETTERING HAS BEEN ADDED TO ADDRESS STATE STATUTORY REQUIREMENTS. DOUGLAS PACKER FROM CONSERVATION COMMITTEE PRESENTED AN AMENDMENT TO ARTICLE 5, SECTION 3A TO ADD"EXCEPT IN ACCORDANCE WITH THE PLUM ISLAND OVERLAY DISTRICT."AMENDMENT MOVED,SECONDED AND VOTED PASSED. AFTER SOME DISCUSSION ARTICLE WITH AMENDMENT IS PASSED BY A VOTE OF YES-208 TO NO-36. 159 ARTICLE 6.MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE SELECTMEN TO SELL A CERTAIN PARCEL OF TOWN OWNED LAND TO TROY D.CARR AND LAUREN J.BASILE FOR THE SALE PRICE OF$3,000,SAID PARCEL BEING A PORTION OF A LOT COMMONLY KNOWN AS THE"FATHER SEARS"LOT.THE LAND TO BE SOLD BEING APPROXIMATELY 1,200 SQUARE FEET,MORE OR LESS,AND BEING MORE PARTICULARLY DESCRIBED AS LOT A ON A PLAN OF LAND DRAWN BY PEMBROKE LAND SURVEY COMPANY OF SALEM,NH PREPARED FOR LAUREN J.BASILE AND TROY D. CARR DATED NOVEMBER 20,2003.BUYER TO BE RESPONSIBLE FOR ALL CLOSING COSTS INCLUDING SURVEY PLAN.AFTER A BRIEF EXPLANATION BY CHAIRMAN OF THE SELECTMEN,DR. VINCENT RUSSO A MOTION WAS MADE TO RESCIND THE ARTICLE.BELIEVED THAT THE TOWN CANNOT SELL THE LAND,ONLY A SPECIAL ACT COULD. SECONDED AND VOTED UNANIMOUSLY. ARTICLE 7.MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY BYLAWS SECTION 97-47.6.A.11,SECTION 97-47.9.A, SECTION 97-47.12.B AND SECTION 97-47.10.B.1 IN ARTICLE XIA OPEN SPACE RESIDENTIAL DEVELOPMENT BYLAW AS FOLLOWS OR TAKE ANY OTHER ACTION RELATIVE THERETO: REPLACE THE FOLLOWING LANGUAGE TO SECTION 97-47.6.A.1.K: Official soil percolation tests for the purpose of siting wastewater treatment options are not required for the Concept Plan. WITH THE FOLLOWING LANGUAGE: Official soil percolation tests for the purpose of siting wastewater treatment options shall be required as determined by the Planning Board. ADD THE FOLLOWING LANGUAGE TO THE END OF SECTION 97-47.9.A: Any proposed open space that does not qualify for inclusion in the Conservation Restriction or that is rejected from inclusion in the Conservation Restriction by the State of Massachusetts will be subject to a Restrictive Covenant,that shall be approved by the Planning Board and Board of Selectmen/Town Counsel and enforceable by the Town. DELETE THE FOLLOWING LANGUAGE FROM SECTION 97-47.12.B: Multifamily structures of not more than four(4)units are permitted if all units are restricted to occupancy by low or moderate-income persons or families. CHANGE THE LANGUAGE IN SECTION 97-47.10.B.1 TO READ AS FOLLOWS: Mix of Housing Types.The OSRD may consist of any combination of single-family and two- family structures.Multifamily structures of not more than four(4)units may also be permitted by the Planning Board if they serve the purpose and intent of the Open Space Residential Development Bylaw,as stated in section 97-47.1. NEEDING A 2/3RDS VOTE,A COUNTED VOTE OF YES-150 TO NO-O,ARTICLE PASSES UNANIMOUSLY. ARTICLE 8. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO CREATE TWO SEPARATE FIRE DISTRICTS,EACH WITH ITS OWN BOARD OF FIRE ENGINEERS,AND TO AUTHORIZE THE SELECTMEN,AT THEIR DISCRETION,TO DETERMINE THE BOUNDARIES OF EACH DISTRICT AND TO TAKE ANY OTHER ACTION NECESSARY TO ACCOMPLISH THE SAME. SELECTMEN BEAR,WHO SPONSERED THE ARTICLE REQUESTED TO TABLE AT THIS TIME. MOVED AND SECONDED. VOTED UNANIMOUS. MEETING ADJOURNED AT 9:16 P.M. THERE WERE 273 VOTERS CHECKED IN. RESPECTFULLY SUBMITTED; DONNA R. STEFANILE CMMC TOWN CLERK 160 TOWN OF NEWBURY SPECIAL TOWN MEETING OCTOBER 5, 2004 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 5TH DAY OF OCTOBER 2004 AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ: ARTICLE L To see if the Town will vote to raise and appropriate the sum of$408,888 for the reserve fund. FINANCE COMMITTEE RECOMMENDS ARTICLE 2. To see if the Town will vote to transfer the sum of$5,644 from the Whittier Regional Vocational Technical High School FY05 appropriation to the reserve fund. FINANCE COMMITTEE RECOMMENDS GIVEN UNDER OUR HANDS THIS 20"DAY OF SEPTEMBER 2004. SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATTEST: , Vkhcen-r Russo ' %cH A a my, CHACLES 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: y /2, / CONSTABLE: 161 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: 9��1/a y CONSTABLE: 162 TOWN OF NEWBURY SPECIAL TOWN MEETING RESULTS OCTOBER 5,2004 THE MEETING WAS CALLED TO ORDER AT 7:04 P.M.THE MODERATOR,JOHN P. SALTER, , DECLARING A QUORUM PRESENT READ THE CALL.CONSTABLE RICHARD CUNNINGHAM READ THE RETURN. JAMES CASHMAN WAS APPOINTED COUNTER FOR THE EVENING. ARTICLE 1. WAS MOVED,SECONDED AND AN EXPLANATION OF THE ARTICLE WAS GIVEN BY KEVIN BLANCHETTE,CHAIRMAN OF THE FINANCE COMMITTEE. AN AMENDMENT WAS PRESENTED BY PAUL DAUBITZ.AFTER SOME DISCUSSION THE AMENDMENT WAS PUT TO A VOTE. WITH A COUNT OF YES- 12 TO NO-40,THE AMENDMENT DID NOT PASS. THE ARTICLE TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $408,888 FOR THE RESERVE FUND WAS PUT TO A VOTE AT 7:35 P.M. WITH A VOTE OF YES-45 TO NO-7. ARTICLE PASSED. ARTICLE 2. WAS MOVED AND SECONDED AND AN EXPLANATION OF THE ARTICLE WAS GIVEN BY KEVIN BLANCHETTE,CHAIRMAN OF THE FINANCE COMMITTEE,TO TRANSFER THE SUM OF$5,644 FROM THE WHITTIER REGIONAL VOCATIONAL TECHNICAL HIGH SCHOOL FY05 APPROPRIATION TO THE RESERVE FUND. ARTICLE PASSED. MOTION TO ADJOURN AT 7:38 PM WAS MOVED,SECONDED AND PASSED. THERE WERE 62 VOTERS CHECKED IN. RESPECTFULLY SUBMITTED, & .� "' DONNA R. STEFANILE , TOWN CLERK 16 TOWN OF NEWBURY SPECIAL TOWN MEETING January 25, 2005 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 25TH DAY OF JANUARY 2005 AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ: ARTICLE 1. To see if the town will vote to direct the Collector of Taxes to commence forthwith the collection of due and unpaid taxes from prior years pursuant to the provisions of Chapter 60 of the General Laws, including but not limited to the liening of property, the taking for tax title, and the public sale thereof; and further to direct the Collector of Taxes to make a report of these activities to the selectmen within 45 days. FINANCE COMMITTEE RECOMMENDS ARTICLE 2. To see if the town will vote to authorize the selectmen to publish a schedule of surplus property from the inventory of town assets established pursuant to Government Accounting Standards Board Rule 34; and further, to authorize the selectmen to dispose of any of such surplus property pursuant to a public hearing and in a manner consistent with the general laws. FINANCE COMMITTEE RECOMMENDS ARTICLE 3. To see if the town will vote to transfer $408,888 from the Reserve Fund to the Triton Regional School District assessment for the transportation of Newbury children. FINANCE COMMITTEE RECOMMENDS ARTICLE 4. To see if the town will vote to transfer $17,000 from the"dog fund" so called to the Animal Control Officer wage account. FINANCE COMMITTEE RECOMMENDS 164 GIVEN UNDER OUR HANDS THIS 11TH DAY OF JANUARY 2005, SELEC N, TOWN OF NEWBURY A TRUE COPY ATTEST: 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. �"- "� DATEq `` fr—� CONSTABLE - lr CGI 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: .^yam^yv 165 TOWN OF NEWBURY SPECIAL TOWN MEETING JANUARY 25,2005 RESULTS THE MEETING WAS CALLED TO ORDER AT 7:01 P.M. NOTING A QUORUM PRESENT THE CALL WAS READ BY THE MODERATOR, JOHN P. SALTER JR. CONSTABLE RICHARD CUNNINGHAM GAVE THE RETURN. ARTICLE 1: Moved, seconded and a-presentation explainidg'the article was given by Kevin Blanchette, Chairman of the Finance Committee. Article was put to a vote to see if the town will vote to direct the Collector of Taxes to commence forthwith the collection of due and unpaid taxes from prior years pursuant to the provisions of Chapter 60 of the General Laws, including but not limited to the liening of property, the taking for tax title, and the public sale thereof; and further to direct the Collector of Taxes to make a report of these activities to the selectmen within 45 days. Passed Unanimous. ARTICLE 2. Moved and seconded to see if the town will vote to authorize the selectmen to publish a schedule of surplus property from the inventory of town assets established pursuant to Government Accounting Standards Board Rule 34; and further, to authorize the selectmen to dispose of any of such surplus property pursuant to a public hearing and in a manner consistent with the general laws. Passed Unanimous. ARTICLE 3. Moved and seconded with an explanation from Kevin Blanchette, Chairman of the Finance Committee that it was voted in October to raise the money and now we must see if the town will vote to transfer$408,888 from the Reserve Fund to the Triton Regional School District assessment for the transportation of Newbury children. Passed Unanimous. ARTICLE 4. Moved and seconded to see if the town will vote to transfer$17,000 from the "dog fund" so called to the Animal Control Officer wage account. Voted Unanimous. Motion to adjourn at 8:05 P.M. was moved, seconded and passed unanimous. There were 88 voters checked in. Respectfully submitted; Donna R. Stef.rile Town Clerk -76WA 6G uEW&Jky SPECiAC Tewn W-Mn6 March 16, 2005 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 WEDNESDAY, THE 16"H DAY OF MARCH 2O05 AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ: ARTICLE L To see if the town will vote to transfer the sum of$93,845.00, or a lesser sum from the Stabilization Fund to the General Fund to assist with setting the FY05 tax rate. ARTICLE 2. To see if the town will vote to transfer the sum of$60,000.00, or a lesser sum from the Library State Aid Fund balance account to the General Fund to assist with setting the , FY05 tax rate. ARTICLE 3. To see if the town will vote to transfer the sum of$20,000.00 from available funds to the Legal Services account for FY05. GIVEN UNDER OUR HANDS THIS 2°d DAY OF MARCH 2O05. SELECTMEN, TQNVN OF NEWBURY A TRUE COPY ATTEST: PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED, I HEREBY NOTIFY AND WARN THE INHABITANTS OF THE TOWN OF NEWBURY, QUALIFIED TO VOTE IN TOWN AFFAIRS, TO MEET AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED. DATE: CONSTABLE: PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED, I HAVE NOTIFIED AND WARNED THE INHABITANTS OF THE TOWN OF NEWBURY, QUALIFIED TO VOTE IN k TOWN AFFAIRS, TO MEET AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED. DATE CONSTABLE: —63v�' Ic 167 TOWN OF NEWBURY SPECIAL TOWN MEETING MARCH 16, 2005 RESULTS MEETING CALLED TO ORDER AT 7:04 P.M.WITH A QUORUM PRESENT, GREETING READ BY MODERATOR JOHN P. SALTER JR. RETURN READ BY CONSTABLE RICHARD CUNNINGHAM. MODERATOR SALTER STATED A CHANGE IN ORDER OF ARTICLES. ARTICLE 2 AND ARTICLE 3 ARE MOVED BY SELECTMEN JOY FOR A LEAVE TO WITHDRAW. MODERATOR SALTER STATED IT DOES NOT REQUIRE A SECOND AND IS PASSED BY MAJORITY VOTE FOR A LEAVE TO WITHDRAW ARTICLE 2 AND ARTICLE 3. ARTICLE 1. MOVED,SECONDED AND AN AMENDMENT BY TREASURER JAMES CASHMAN IS GIVEN. AFTER SOME DISCUSSION THE AMENDMENT IS MOVED,SECONDED AND HEARING NONE OPPOSE THE AMENDMENT IS PASSED UNANIMOUSLY. ARTICLE WITH AMENDMENT WHICH NOW READS: TO SEE IF THE TOWN WILL VOTE TO TRANSFER THE SUM OF$93,845.00 OR A LESSOR SUM,FROM THE STABILIZATION FUND TO THE GENERAL FUND,AND TO USE AND APPLY THE SUM OF$169,799.00 FROM RE-CERTIFIED FY04 FREE CASH TO ASSIST WITH SETTING THE FY05 TAX RATE. MOVED, SECONDED AND PASSED UNANIMOUSLY. MOVED AND SECONDED TO ADJOURN AT 7:25 P.M. THERE WERE 56 VOTERS CHECKED IN. RESPECTIVELY SUBMITTED; )"Zv 7C. DONNA R. STEFANIL TOWN CLERK 16� TOWN OF NEWBURY ANNUAL TOWN MEETING APRIL 26, 2005 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 26TH DAY OF APRIL AT 7:00 PAL 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 AUTHORIZE THE ASSESSMENT OF AN ADDITIONAL$1.5 MILLION DOLLARS IN REAL ESTATE AND PERSONAL PROPERTY TAXES FOR THE PURPOSE OF FUNDING THE OPERATING BUDGET OF THE TOWN,AND THE ASSESSMENT FOR THE TRITON REGIONAL SCHOOL DISTRICT AND THE WHITTIER REGIONAL VOCATIONAL TECHNICAL SCHOOL FOR THE FISCAL YEAR BEGINNING JULY 1, 2005. SAID AUTHORIZATION OF ASSESSMENT ABOVE THE PROPOSITION 2 %2 LEVY LIMIT SHALL BE SUBJECT TO VOTER APPROVAL AT THE ANNUAL TOWN ELECTION. ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE$7,328,127 FOR THE OPERATION OF THE TOWN IN FISCAL 2006. FINANCE COMMITTEE RECOMMENDS FY 05 FY 06 CHANGE MODERATOR'S SALARY 100 100 0 SELECTMEN'S SALARIES 15,000 15,000 0 SELECTMEN'S EXPENSE 5,000 5,000 0 SELECTMEN'S SECRETARY 37,059 40,000 2,941 TOWN HALL ADM SERVICE 30,000 58,000 28,000 RESERVE FUND 75,000 175,000 100,000 ' FINCOM EXPENSES 250 250 0 ACCOUNTANT'S SALARY 42,027 43,288 1,261 ACCOUNTANT'S EXPENSE 4,000 0 <4,000> ASSESSOR'S SALARY 10,086 10,389 303 ASSESSOR'S WAGES 30,838 33,583 2,745 ASSESSOR'S EXPENSE 52,749 54,900 2,151 AUDIT TOWN BOOKS 35,000 35,000 0 TREASURER'S SALARY 25,126 25,879 753 COLLECTOR'S SALARY 25,126 25,126 0 TREASURER-COLLECTOR WAGES 29,416 30,298 882 TREASURER-COLLECTOR EXPENSE 18,000 0 <18,000> LEGAL EXPENSE 75,000 0 <75,000> PERSONNEL BOARD 500 2,825 2,325 COMPUTER ACCOUNT 4,000 0 <4,000> TOWN CLERK'S SALARY 40,429 41,642 1,213 TOWN CLERK'S WAGES 32,042 33,003 961 TOWN CLERK'S EXPENSE 7,600 7,600 0 ELECTION EXPENSE 7,600 7,600 0 REGISTRARS VOTERS SALARIES 750 800 50 REGISTRARS VOTERS EXPENSE 5,000 5,000 0 169 CONSERVATION COMM.WAGES 11,330 7,002 <4,328> CONSERVATION COMM. AGENT SALARY 25,750 32,445 6,695 TREE WARDEN SALARY 3,000 3,000 0 TREE WARDEN EXPENSE 15,000 15,000 0 CLAM FLATS EXPENSEM/AGES 5,034 5,034 0 PLANNING BOARD WAGES 2,000 50,000 48,000 PLANNING BOARD SUBDIVISIONS 500 0 <500> PLANNING BOARD CONSULTANTS 39,000 0 <39,000> PLANNING BOARD EXPENSE 2,500 2,500 0 MASTER PLAN 11,000 6,000 <5,000> MERRIMACK VALLEY PLANNING COMM. 2,108 2,108 0 ZONING BOARD OF APPEALS 850 1,150 300 TOWN HALLS MAINT. EXPENSEIWAGES 70,000 70,000 0 TOWN REPORTS 2,500 3,000 500 INSURANCE EXPENSE 122,000 127,000 5,000 POLICE DEPARTMENT WAGES 875,987 875,987 0 EMERGENCY MGT DIRECTOR SALARY 5,000 5,000 0 POLICE EXPENSE 76,388 86,607 10,219 FIRE PROTECTION F/T SALARIES 169,036 174,106 5,070 FIRE PROTECT. WAGE RESERVE P#1,P#2 133,218 137,214 3,996 FIRE PROTECTION-FLAT RATE-P#1 71,402 75,000 3,598 FIRE PROTECTION-FLAT RATE-P#2 71,402 75,000 3,598 FINANCE DEPARTMENT EXPENSES 0 25,000 25,000 FOREST FIRES 5,000 5,000 0 FIRE ALARM MAINT. EXPENSE 0 5,500 5,500 HYDRANT SERVICE 11,333 11,475 142 AMBULANCE SERVICE 0 15,000 15,000 BUILDING INSPECTOR SALARY &ASST. 49,548 51,035 1,487 BUILDING INSPECTOR EXPENSE 3,100 3,100 0 GAS INSPECTOR'S EXPENSE 4,500 7,500 3,000 PLUMBING INSPECTOR'S EXPENSE 5,500 10,000 4,500 SEALER OF WEIGHTS & MEASURES 2,500 2,500 0 WIRE INSPECTOR'S EXPENSE 12,000 23,500 11,500 FIRE INSPECTOR'S EXPENSE 3,000 0 <3,000> CIVIL DEFENSE 1,500 1,500 0 ACO SALARY 17,360 17,880 520 PARKING CLERK'S SALARY 2,400 2,400 0 PARKING CLERK'S EXPENSE 600 600 0 VOCATIONAL TRANSPORT 6,700 6,700 0 TRITON REGIONAL CAPITAL IMPROV. 244,998 220,086 <24,912> HIGHWAY LABOR 360,217 365,000 4,783 SNOW REMOVAL WAGES/EXPENSE 95,000 95,000 0 STREET LIGHTING 42,000 42,000 0 HIGHWAY MAINTENANCE 80,000 80,000 0 TRUCK MAINTENANCE 60,000 85,000 25,000 GARAGE MAINTENANCE 25,000 25,000 0 TOWN CLERK STIPEND 1,000 1,000 0 BOARD OF HEALTH EXPENSE 234,725 250,725 16,000 BOARD OF HEALTH WAGES 111,708 115,059 3,351 PUBLIC HEALTH SERVICES EXPENSE 18,547 11,872 <6,675> COUNCIL ON AGING WAGES 63,351 65,255 1,904 COUNCIL ON AGING EXPENSE 18,750 20,500 1,750 170 VETERANS SERVICES 18,000 18,000 0 NEWBURY TOWN LIBRARY WAGES 213,057 218,077 5,020 NEWBURY TOWN LIBRARY EXPENSES 127,125 87,436 <39,689> LIFEGUARD WAGES 46,350 46,350 0 LIFEGUARD EXPENSES 5,000 5,000 0 PARKS EXPENSE 64,000 64,000 0 HISTORIC COMMISSION 650 650 0 TOWN CODE BOOK 5,000 5,000 0 MEMORIAL DAY 600 600 0 LONG TERM DEBT PRINCIPAL 1,170,000 1,409,125 239,125 SHORT TERM DEBT INTEREST 35,000 35,000 0 LONG TERM DEBT INTEREST 625,000 946,659 321,659 PROP/EXCISE INTEREST 500 500 0 , HEALTH & DENTAL INSURANCE 386,700 457,051 70,351 EMPLOYEE LIFE INSURANCE 1,806 1,806 0 FICA MEDICARE 58,200 60,700 2,500 CONSERVATION COMM. EXPENSE 2,500 3,550 1,050 ARTICLE 2 TOTALS 6,562,528 7,328,127 765,599 ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $6,739,989 FOR THE'TRITON REGIONAL SCHOOL DISTRICT'S FY06 ASSESSMENT TO THE TOWN OF NEWBURY. FINANCE COMMITTEE RECOMMENDS ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$121,934 FOR THE WHITTIER REGIONAL VOCATIONAL TECHNICAL HIGH SCHOOL'S FY06 ASSESSMENT TO THE TOWN OF NEWBURY. FINANCE COMMITTEE RECOMMENDS ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $279,851 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 2006. FINANCE COMMITTEE RECOMMENDS ARTICLE 7. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$2970 ' FOR USE BY THE ESSEX COUNTY MOSQUITO CONTROL PROJECT TO BE USED TO MAINTAIN ITS PROGRAM OF TRAPPING THE ADULT GREENHEAD FLIES DURING THE SUMMER OF 2005. FINANCE COMMITTEE RECOMMENDS ARTICLE 8. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AS REQUIRED BY SECTION 4,OF CHAPTER 112,OF THE ACTS OF 193I,THE SUM OF($I.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$165,103.00 FROM THE CHAPTER 90 LOCAL TRANSPORTATION AID APPORTIONMENT FOR FY 2006 PURSUANT TO CHAPTER 90 SECTION 34 OF THE MGL. FINANCE COMMITTEE RECOMMENDS 171 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, 53EI/2 OF CHAPTER 44 MGL. THE ANIMAL CONTROL OFFICER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND$5,000 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'/z OF CHAPTER 44 MGL. THE HARBORMASTER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND$47,500 DURING THE NEXT FISCAL YEAR. FINANCE COMMITTEE RECOMMENDS ARTICLE 12. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE A SUM NOT TO EXCEED$75,000 FOR THE PURPOSE OF PROCURING AND CONTRACTING FOR LEGALSERVICES FOR THE TOWN THROUGH AN OPEN AND COMPETITIVE PROCESS. SAID CONTRACT FOR SERVICES SHALL COMMENCE JULY 1, 2005. FINANCE COMMITTEE RECOMMENDS ARTICLE 13. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$375. FOR THE EXPENSES OF THE TOWN OF NEWBURY 375TH ANNIVERSARY COMMITTEE. FINANCE COMMITTEE RECOMMENDS ARTICLE 14. TO SEE IF THE TOWN WILL VOTE TO AMEND THE WETLANDS BYLAW BY DELETING ALL OF THE PRESENT BYLAW AND SUBSTITUTING IN ITS PLACE THE LANGUAGE STATED IN THE DOCUMENT ENTITLED"TOWN OF NEWBURY WETLANDS BYLAW",DATED APRIL I Im, 2005,AS THE SAME STANDS ON FILE WITH THE OFFICE OF THE TOWN CLERK. ARTICLE 15. SHALL THE TOWN VOTE TO HAVE ITS ELECTED TREASURER/COLLECTOR BECOME AN APPOINTED TREASURER/COLLECTOR OF THE TOWN. ARTICLE 16. TO SEE IF THE TOWN WILL VOTE TO APPROVE THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS, CHAPTER 43C AS SET FORTH BELOW,WHICH PROVISIONS WOULD CREATE THE OFFICE OF DIRECTOR OF FINANCE AND CONSOLIDATE THE PRESENT OFFICE OF TOWN TREASURER/COLLECTOR AS A PART THEREOF. SECTION 1: THERE SHALL BE A CONSOLIDATED DEPARTMENT OF MUNICIPAL FINANCE AS PROVIDED FOR UNDER MASSACHUSETTS GENERAL LAWS, CHAPTER 43C, SECTION 11 AND AS PROVIDED FOR IN THE FOLLOWING SECTION OF THIS BYLAW. SECTION 2: THIS DEPARTMENT SHALL INCLUDE THE OFFICE OF THE ACCOUNTANT AND THE TREASURER/COLLECTOR: ADDITIONALLY,THE DIRECTOR OF MUNICIPAL FINANCE,ACTING IN AN EX OFFICIO CAPACITY, SHALL COORDINATE AND ASSIST THE FOLLOWING FINANCIAL COMMITTEES: FINANCE COMMITTEE,CAPITAL BUDGET COMMITTEE AND TRUST FUND COMMISSIONERS. SECTION 3: WHEN IN CONFLICT,THIS BYLAW SHALL PREVAIL OVER OTHER ARTICLES, THE BYLAWS OR STATUTES AS PROVIDED FOR IN MGL 43C. SECTION 4: THERE SHALL BE A DIRECTOR OF MUNICIPAL FINANCE WHO SHALL BE APPOINTED BY THE SELECTMEN,AND REPORT TO THE SELECTMEN. THE TERM OF OFFICE FOR SAID POSITION SHALL NOT BE LESS THAN THREE YEARS,NOR MORE THAN FIVE YEARS, SUBJECT TO REMOVAL AS PROVIDED FOR IN THIS BYLAW. SECTION 5: THE DIRECTOR OF MUNICIPAL FINANCE SHALL APPOINT THE ACCOUNTANT, AND THE TREASURER/COLLECTOR, SUBJECT TO APPROVAL BY THE SELECTMEN. THE TREASURER/COLLECTOR AND ACCOUNTANT SHALL APPOINT HISMER OWN STAFF, SUBJECT TO APPROVAL BY THE DIRECTOR OF MUNICIPAL FINANCE. SECTION 6: ALL OFFICERS APPOINTED BY THE DIRECTOR OF MUNICIPAL FINANCE MAY BE APPOINTED FOR A TERM OF OFFICE UP TO THREE(3)YEARS. 172 SECTION 7: THE PERSON HOLDING THE POSITION OF DIRECTOR OF MUNICIPAL FINANCE MAY ALSO BE APPOINTED TO HOLD OTHER FINANCIAL POSITIONS IDENTIFIED IN THIS ACT, EXCEPT THAT NO ONE PERSON SHALL HOLD BOTH THE TOWN ACCOUNTANT AND TREASURER/COLI.ECTOR POISITTON AT THE SAME TIME. SECTION 8: THE DIRECTOR OF MUNICIPAL FINANCE MAY BE REMOVED FOR DUE CAUSE AS DETERMINED,AND SO VOTED UPON,BY THE BOARD OF SELECTMEN. SECTION 9: THE FUNCTIONS OF THE DEPARTMENT OF MUNICIPAL FINANCE SHALL INCLUDE THE FOLLOWING: • COORDINATION OF ALL FINANCIAL SERVICES AND ACTIVITIES • MAINTENANCE OF ALL ACCOUNT RECORDS AND OTHER FINANCIAL STATEMENTS • PAYMENT OF ALL OBLIGATIONS • RECEIPT OF ALL FUNDS DUE,EITHER DIRECTLY OR VIA THE RESPONSIBLE DEPARTMENT HEAD , • ASSISTANCE TO ALL OTHER TOWN DEPARTMENTS AND OFFICES IN ANY MATTER RELATED TO FINANCIAL AFFAIRS • MONITOR THE EXPENDITURE OF ALL FUNDS,INCLUDING PERIODIC REPORTING TO THE APPROPRIATE AGENCIES ON THE STATUS OF ACCOUNTS • SUPERVISION OF ALL PURCHASES OF GOODS,MATERIALS AND SUPPLIES AND THE MAINTENANCE OF INVENTORY CONTROL • SUPERVISION OF ALL DATA-ACCESSING FACILITIES SECTION 10: THE DIRECTOR OF MUNICIPAL FINANCE SHALL BE RESPONSIBLE FOR THE FUNCTIONS OF THE DEPARTMENT OF MUNICIPAL FINANCE. HE/SHE SHALL BE SPECIFICALLY RESPONSIBLE FOR THE ANNUAL BUDGETING PROCESS,BEGINNING WITH THE REQUEST AND GUIDELINES FOR SUBMISSION OF BUDGET REQUESTS,THROUGH THE CONSIDERATION OF BUDGETS VIA SUPPORT OF THE FINANCE COMMITTEE,UP TO THE TIMELY ISSUANCE OF THE RESULTING TAX BILLS. SECTION 11: ANY PERSON HOLDING ANY OFFICE OR POSITION IN THE SERVICE OF THE TOWN UPON ACCEPTANCE OF THIS OPTIONAL FORM OF ADMINISTRATION UNDER MGL CHAPTER 43C, SECTION 11,WHO IS EMPLOYED IN AN OFFICE OR AGENCY WHICH IS AFFECTED BY OR RECONSTITUTED BY THE CREATION OF THIS DEPARTMENT OF MUNICIPAL FINANCE, SHALL BE ALLOWED TO CONTINUE IN THE EMPLOY OF THE TOWN WITHOUT REDUCTION IN COMPENSATION OR IMPAIRMENT OF ANY CIVIL SERVICE,RETIREMENT,PENSION,SENIORITY, VACATION,SICK LEAVE,OR OTHER RIGHTS OR BENEFITS TO WHICH THEN ENTITLED. SECTION 12: THIS BYLAW SHALL TAKE EFFECT UPON THE EXPIRATION OF THE TREASURER/COLLECTOR'S CURRENT TERM SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL. SECTION 13: AT ANY TIME AFTER FOUR YEARS FOLLOWING THE DATE OF AN ELECTION AT WHICH THIS OPTIONAL FORM OF MUNICIPAL ADMINISTRATION IS ADOPTED BY THE VOTERS, , A QUESTION TO REVOKE OR RESCIND SUCH ACCEPTANCE MAY BE SUBMITTED TO THE VOTERS. SUCH QUESTION SHALL BE IN THE FOLLOWING FORM: "SHALL THE TOWN OF NEWBURY REVOKE ITS ADOPTION OF THE DEPARTMENT OF MUNICIPAL FINANCE OPTIONAL FORM OF MUNICIPAL ADMINISTRATION?" ARTICLE 17. TO SEE IF THE TOWN WILL VOTE TO ELECT AT THE ANNUAL ELECTION IN 2006 FIVE TRUSTEES FOR THE FIRST SETTERS BURIAL GROUND. THE CANDIDATE RECEIVING THE HIGHEST VOTE WOULD HAVE A FIVE YEAR TERM THE NEXT HIGHEST A FOUR YEAR TERM AND THE THIRD A THREE YEAR TERM AND SO ON. THESE TRUSTEES TO BE RESPONSIBLE FOR THE UPKEEP OF THIS CEMETERY,AND TO BE AUTHORIZED TO PURSUE SOURCES OF REVENUE SUCH AS GRANTS,THE JANE D.MOORE TRUST FUND,AND DONATIONS;AND WITH THE KNOWLEDGE AND APPROVAL OF THE SELECTMEN SPEND SUCH SUMS AS NEEDED. ARTICLE 18. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE SELECTMEN TO ACCEPT A GIFT OF LAND FROM RICHARD CUNNINGHAM FOR THE PURPOSE OF CONSTRUCTING A SENIOR CITIZENS CENTER. THE LAND TO BE DONATED IS LOCATED ON SCOTLAND ROAD AND IS TO BE USED AS THE SITE FOR A NEW SENIOR CITIZEN CENTER THE EXACT SIZE AND LOCATIN OF THE LAND WILL BE DETERMINED BY THE PROGRAMMATIC NEEDS ESTABLISHED BY THE SENIOR CITIZEN CENTER BUILDING COMMITTEE AND AGREED TO BY THE DONOR SAID LAND IS TO BE DEEDED TO THE TOWN UPON THE PROVISION THAT THE SENIOR CITIZENS CENTER SHALL BE 173 CONSTRUCTED ON OR BEFORE JULY 1,2010 OR SUCH ADDITIONAL TIME AS MAY BE MUTUALLY AGREED UPON IN WRITING,OR FAILING THE SAME,THE LAND SHALL REVERT BACK TO THE DONOR OR HIS HEIRS. PRIOR TO THE DATE OF TRANSFER THE TOWN SHALL,AT THE TOWN'S EXPENSE,HAVE THE LAND APPRAISED BY A DULY CERTIFIED REAL ESTATE APPRAISER AND SHALL PROVIDE THE DONOR WITH A COPY OF SAID APPRAISAL. ALL OTHER COSTS,INCLUDING BUT NOT LIMITED TO, ENGINEERING,PERCOLATION TESTS,DESIGN AND PERMITS WILL BE THE RESPONSIBILITY OF THE TOWN. ARTICLE 19. TO SEE IF THE TOWN WILL VOTE TO CONFIRM THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF NEWBURY AND THE CITY OF NEWBURYPORT WHEREBY THE CITY OF NEWBURYPORT ACTS AS A GRANT ADMINISTRATOR FOR THE MASSACHUSETTS DEPARTMENT OF CONSERVATION AND RECREATION"RECREATIONAL TRAILS GRANT' AND RELATED GRANTS ON BEHALF OF THE TOWN OF NEWBURY,OR TO TAKE ANY ACTION RELATED THERETO. ARTICLE 20. TO SEE IF THE TOWN WILL VOTE TO CONFIRM THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF NEWBURY,THE TOWN OF GEORGETOWN AND THE CITY OF NEWBURYPORT WHEREBY THE CITY OF NEWBURYPORT ACTS AS A GRANT ADMINSTRATOR FOR AFFORDABLE HOUSING AND RELATED GRANTS ON BEHALF OF THE TOWN OF NEWBURY OR TAKE ANY ACTION RELATED THERETO. ARTICLE 21. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE A REGULATION REQUIRING ALL DOGS BE LEASHED WHEN ON THE P.I.BEACHES IN NEWBURY. BY PETITION OF JOHN FICHERA AND OVER TEN OTHERS ARTICLE 22. TO SEE IF THE TOWN WILL VOTE TO AMEND ITS PRIOR ACCEPTANCE OF MASSACHUSETTS GENERAL LAWS CHAPTER 59, SECTION 5,CLAUSE 41C,FOR THE PURPOSE OF ACCEPTING THE PROVISIONS OF CHAPTER 184, SECTION 51 OF THE ACTS OF 2002,WHICH PROVIDES PROPERTY TAX EXEMPTIONS TO PERSONS OVER 70 YEARS OF AGE, STARTING WITH FY2006 AS FOLLOWS; I. LOWER ELIGIBILITY AGE TO 65 2. INCREASE GROSS RECEIPTS LIMIT TO$20,000 IF SINGLE AND$30,000 IF MARRIED 3. INCREASE WHOLE ESTATE LIMIT TO$40,000 IF SINGLE AND$55,000 IF MARRIED OR TAKE ANY OTHER ACTION RELATIVE THERETO. BY PETITION OF THE BOARD OF ASSESSORS ARTICLE 23. TO SEE IF THE TOWN WILL VOTE TO AMEND THE PERSONNEL BYLAW BY MAKING THE FOLLOWING CHANGES UNDER CHAPTER 22 OF THE CODE OF NEWBURY BYLAWS- PERSONNEL BOARD OF THE TOWN OF NEWBURY,AND SPECIFICALLY TO TIDE FOLLOWING PARAGRAPHS: 22-3. COMPOSITION: TERMS: WHICH CURRENTLY READS: "THE PERSONNEL BOARD TO CONSIST OF FIVE MEMBERS,TWO APPOINTED FOR THREE YEARS,TWO TO BE APPOINTED FOR TWO YEARS AND ONE FOR ONE YEAR,AND THEREAFTER EACH MEMBER TO BE APPOINTED FOR A THREE YEAR TERM." SHALL BE AMENDED TO READ: "THE PERSONNEL BOARD TO CONSIST OF SEVEN MEMBERS,THREE APPOINTED FOR THREE YEARS AND FOUR TO BE APPOINTED FOR TWO YEARS". 22-5. VACANCIES: SELECTION OF MEMBERS WHICH CURRENTLY READS: "VACANCIES TO BE APPOINTED BY THE SELECTMEN. AT ALL TIMES ONE OF THE FIVE MEMBERS SHALL BE ONE WHO HAS BEEN SELECTED FROM A LIST OF NOT LESS THAN THREE SUGGESTED MEMBERS SUBMITTED BY THE FULL-TIME EMPLOYEES OF THE TOWN,INCLUDING THE PROFESSIONAL EMPLOYEES OF THE SCHOOL DEPARTMENT.: SHALL BE AMENDED TO READ: "VACANCIES TO BE APPOINTED BY THE SELECTMEN. AT ALL TIMES ONE OF THE SEVEN MEMBERS SHALL BE ONE WHO HAS BEEN SELECTED FROM A LIST OF NOT LESS THAN THREE SUGGESTED MEMBERS 174 SUBMITTED BY THE FULL-TIME EMPLOYEES OF THE TOWN,INCLUDING THE PROFESSIONAL EMPLOYEES OF THE SCHOOL DEPARTMENT." FURTHER,UNDER CHAPTER 24. PERSONNEL POLICY OF THE TOWN OF NEWBURY BYLAWS,AND SPECIFICALLY TO THE FOLLOWING PARAGRAPHS: 24-3.A. MEMBERSHIP WHICH CURRENTLY READS: "A PERSONNEL BOARD OF FIVE(5)UNPAID MEMBERS,APPOINTED BY THE BOARD OF SELECTMEN, SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THIS BYLAW. MEMBERS OF THE BOARD SHALL BE VOTERS OF THE TOWN. AT ALL TIMES ONE OF THE FIVE MEMBERS SHALL BE ONE WHO HAS BEEN SELECTED FROM A LIST OF NOT LESS THAN THREE SUGGESTED MEMBERS SUBMITTED BY THE FULL-TIME EMPLOYEES OF THIS TOWN,INCLUDING THE COVERED EMPLOYEES OF THE SCHOOL DEPARTMENT." SHALL BE AMENDED TO READ: "A PERSONNEL BOARD OF SEVEN(7)UNPAID , MEMBERS,APPOINTED BY THE BOARD OF SELECTMEN,SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THIS BY-LAW. MEMBERS OF THE BOARD SHALL BE VOTERS OF THE TOWN. AT ALL TIMES ONE OF THE SEVEN MEMBERS SHALL BE ONE WHO HAS BEEN SELECTED FROM A LIST OF NOT LESS THAN THREE SUGGESTED MEMBERS SUBMITTED BY THE FULL-TIME EMPLOYEES OF THE TOWN,INCLUDING THE COVERED EMPLOYEES OF THE SCHOOL DEPARTMENT" 24-3.C. TERM OF OFFICE WHICH FIRST SENTENCE CURRENTLY READS: "MEMBERS OF THE BOARD SHALL SERVE OVERLAPPING TERMS OF THREE YEARS" WHICH FIRST SENTENCE SHALL BE AMENDED TO READ: "MEMBERS OF THE BOARD WILL BE APPOINTED TO EITHER A TERM OF THREE YEARS OR TWO YEARS, AS MAY BE VACATED." 24-3.B. PROCEEDINGS: WHICH SECOND SENTENCE CURRENTLY READS: "THREE(3)MEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF THE BUSINESS OF THE BOARD,AND THE AFFIRMATIVE VOTE OF A MAJORITY OF THE BOARD PRESENT AT THAT TIME SHALL BE NECESSARY FOR ANY OFFICIAL ACT OF THE BOARD." WHICH SECOND SENTENCE SHALL BE AMENDED TO READ: "FIVE(5)MEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF THE BUSINESS OF THE BOARD, AND THE AFFIRMATIVE VOTE OF A MAJORITY OF THE BOARD PRESENT AT THAT TIME SHALL BE NECESSARY FOR ANY OFFICIAL ACT OF THE BOARD." ARTICLE 24. TO SEE IF THE TOWN WILL VOTE TO ACCEPT FATHERLAND DRIVE AS A TOWN , WAY AS THE SAME IS LAID OUT ON A PLAN DATED AUGUST 16, 1993,DRAWN BY PETER OGREN OF HAYES ENGINEERING INC.,APPROVED BY THE PLANNING BOARD ON MARCH 22, 1995 AND RECORDED IN THE ESSEX COUNTY SOUTH DISTRICT REGISTRY OF DEEDS AT PLAN BOOK 298,PLAN 75. ARTICLE 25. 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 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 M RRIMAC 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 26. 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 27. TO MEET ON TUESDAY MAY 10,2005,IN OUR RESPECTIVE VOTING DISTRICTS FOR 175 THE ELECTION OF TOWN OFFICERS TO THE FOLLOWING POSITIONS,VIZ: SELECTMAN 3 YEARS, BOARD OF HEALTH 3 YEARS,ASSESSOR 3 YEARS,PLANNING BOARD 5 YEARS,PLANNING BOARD 3 YEAR UNEXPIRED TERM,PLANNING BOARD 2 YEAR UNEXPIRED TERM,MODERATOR 3 YEARS, FISH COMMISSIONER 3 YEARS,TREE WARDEN 1 YEAR,LIBRARY TRUSTEE 3 YEARS,LIBRARY TRUSTEE 1 YEAR UNEXPIRED TERM,CONSTABLE 4 YEARS,AND TRITON REGIONAL SCHOOL COMMITTEE;NEWBURY 3 YEARS,ROWLEY 3 YEARS, SALISBURY 3 YEARS,AND TO VOTE ON THE FOLLOWING QUESTIONS: "Shall the Town of Newbury be allowed to assess an additional$1.5 million dollars in real estate and personal property taxes for the purpose of funding the operating budget of the Town,and the assessment for the Triton Regional School District,and the Whittier Regional Vocational Technical School for the fiscal year beginning July 1,2005T' "Shall the Town vote to have its elected Collector of Taxes and its elected Treasurer become an appointed Treasurer/Collector of the Town?" THE POLLS WILL BE OPEN AT 12 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,AND 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 15TH DAY OF APRIL,2005. fN,TOWN OF NEWBURY A TRUE COPY ATTEST: DONNA R. STEFANILE,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: -- J C� 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: � �^ CONSTABLE: �j 176 TOWN OF NEWBURY ANNUAL TOWN MEETING APRIL 26,2005 RESULTS THE MEETING WAS CALLED TO ORDER AT 7:13 P.M. WITH A QUORUM PRESENT,THE PLEDGE OF ALLEGIANCE WAS LED BY MODERATOR JOHN P.SALTER, A MOMENT OF SILENCE WAS OBSERVED FOR H.VERNE NOYES III.,KEITH WALTON,VIRGINIA CHICK,AND HENRY BECKER, ALL FORMER EMPLOYEES OF THE TOWN WHO HAD PASSED AWAY SINCE OUR LAST MEETING. , COUNTERS ASSIGNED FOR THE MEETING WERE DOUGLAS PACKER,MICHAEL BULGARIS,DAVID TAYLOR AND STEVEN FRAM. SELECTMEN CHAIRMAN,DR.VINCENT RUSSO PRESENTED A CERTIFICATE OF APPRECIATION AND A FRAMED PICTURE TO SYLVIA LUNT FOR THE CARE THAT SHE AND HER SISTER WILHELMINA HAVE PROVIDED TO THE TOWN IN REGARDS TO PLANTING AND MAINTAINING ALL THE BEAUTIFUL FLOWERS AND BUSHES ON THE UPPER GREEN FOR OVER THIRTY YEARS. SYLVIA THANKED EVERYONE AND INFORMED THE MEETING THAT SCOTT BOWDEN WOULD NOW BE IN CHARGE. ALSO RECOGNIZED DURING THE MEETING WERE RETIRING SUPERINTENDENT DR.GARRY MURPHY,AND SENATOR BRUCE TARR. GREETING READ AT 7:18 P.M.BY THE MODERATOR WITH THE RETURN GIVEN BY CONSTABLE RICHARD CUNNINGHAM. ARTICLE 1. MOVED,SECONDED AND VOTED UNANIMOUS TO ACT ON THE REPORTS OF THE SELECTMEN,TREASURER,COLLECTOR,AUDITOR,SCHOOL COMMITTEE,SPECIAL COMMITTEES, AND ALL OTHER TOWN OFFICERS. ARTICLE 2. MOVED FOR A LEAVE TO WITHDRAW WITH AN EXPLANATION BY FINANCE COMMITTEE CHAIRMAN,KEVIN BLANCHE=THAT ONLY BOARD OF SELECTMEN NEED TO PLACE ON BALLOT FOR THE ANNUAL TOWN ELECTION THE ARTICLE TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE ASSESSMENT OF AN ADDITIONAL$1.5 MILLION DOLLARS IN REAL ESTATE AND PERSONAL PROPERTY TAXES FOR THE PURPOSE OF FUNDING THE OPERATING BUDGET OF THE TOWN,AND THE ASSESSMENT FOR THE TRITON REGIONAL SCHOOL DISTRICT AND THE WHITTIER REGIONAL VOCATIONAL TECHNICAL SCHOOL FOR THE FISCAL YEAR BEGINNING JULY 1,2005. SAID AUTHORIZATION OF ASSESSMENT ABOVE THE PROPOSITION 2 %n LEVY LIMIT SHALL BE SUBJECT TO VOTER APPROVAL AT THE ANNUAL TOWN ELECTION. , PASSED UNANIMOUS. ARTICLE 3. MOVED AND SECONDED. KEVIN BLANCHETTE EXPLAINED ARTICLE AND ASKED THAT AN AMENDMENT BE ADDED BECAUSE OF A TECHNICAL ERROR ON THE FINANCE COMMITTEE'S PART IN REGARDS TO OMITTING A LINE ITEM FOR BUILDING INSPECTOR WAGES THAT SHOULD BE INCLUDED.AMENDMENT MOVED, SECONDED AND PASSED BY MAJORITY. AFTER SOME DISCUSSION ON ITEMS THAT WERE PUT ON HOLD THE ARTICLE INCLUDING THE AMENDMENT WAS MOVED, SECONDED AND PASSED UNANIMOUS. ARTICLE 4. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$6,739,989 FOR THE TRITON REGIONAL SCHOOL DISTRICT'S FY06 ASSESSMENT TO THE TOWN OF NEWBURY. PASSED BY MAJORITY ARTICLE 5. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$121,934 FOR THE WIIIITIER REGIONAL VOCATIONAL TECHNICAL HIGH SCHOOL'S FY06 ASSESSMENT TO THE TOWN OF NEWBURY.PASSED UNANIMOUS. ARTICLE 6. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$279,851 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 2006.PASSED UNANIMOUS. 177 ARTICLE 7. MOVED AND SECONDED 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 2005. PASSED UNANIMOUS. ARTICLE 8. MOVED AND SECONDED 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. PASSED UNANIMOUS. ARTICLE 9. MODERATOR SALTER STEPPED DOWN BECAUSE OF HIS CONFLICT IN THIS ARTICLE AND APPOINTED SUSAN CHRIST AS AN ASSISTANT TO MODERATOR. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF$165,103.00 FROM THE CHAPTER 90 LOCAL TRANSPORTATION AID APPORTIONMENT FOR FY 2006 PURSUANT TO CHAPTER 90 SECTION 34 OF THE MGL.PASSED UNANIMOUS. ARTICLE 10. MOVED AND SECONDED 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$5,000 DURING THE NEXT FISCAL YEAR FOR ANIMAL CONTROL EXPENSES.PASSED UNANIMOUS. ARTICLE 11. MOVED AND SECONDED 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$47,500 DURING THE NEXT FISCAL YEAR.PASSED UNANIMOUS. ARTICLE 12. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE A SUM NOT TO EXCEED$75,000 FOR THE PURPOSE OF PROCURING AND CONTRACTING FOR LEGALSERVICES FOR THE TOWN THROUGH AN OPEN AND COMPETITIVE PROCESS. SAID CONTRACT FOR SERVICES SHALL COMMENCE JULY 1,2005.PASSED BY MAJORITY. ARTICLE 13. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$375 FOR THE EXPENSES OF THE TOWN OF NEWBURY 375Tx ANNIVERSARY COMMITTEE.PASSED UNANIMOUS. ARTICLE 14. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO AMEND THE WETLANDS BYLAW BY DELETING ALL OF THE PRESENT BYLAW AND SUBSTITUTING IN ITS PLACE THE LANGUAGE STATED IN THE DOCUMENT ENTITLED"TOWN OF NEWBURY WETLANDS BYLAW",DATED APRIL I IT",2005,AS THE SAME STANDS ON FILE WITH THE OFFICE OF THE TOWN CLERK. DOUGLAS PACKER, CHAIRMAN OF THE CONSERVATION COMMISSION HAD A BRIEF PRESENTATION AND OFFERED AN AMENDMENT TO THE ARTICLE IN REGARDS TO AN OMISSION OF A SENTENCE THAT SHOULD BE INCLUDED. AMENDMENT WAS MOVED AND SECONDED AND PASSED UNANIMOUS. ARTICLE WITH AMENDMENT WAS PASSED BY MAJORITY. ARTICLE 15. MOVED AND SECONDED AND ASKED SHALL THE TOWN VOTE TO HAVE ITS ELECTED TREASURER/COLLECTOR BECOME AN APPOINTED TREASURER/COLLECTOR OF THE TOWN.PASSED MAJORITY. r 178 ARTICLE 16. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO APPROVE THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS,CHAPTER 43C AS SET FORTH BELOW,WHICH PROVISIONS WOULD CREATE THE OFFICE OF DIRECTOR OF FINANCE AND CONSOLIDATE THE PRESENT OFFICE OF TOWN TREASURER/COLLECTOR AS A PART THEREOF. SECTION 1: THERE SHALL BE A CONSOLIDATED DEPARTMENT OF MUNICIPAL FINANCE AS PROVIDED FOR UNDER MASSACHUSETTS GENERAL LAWS,CHAPTER 43C,SECTION 11 AND AS PROVIDED FOR IN THE FOLLOWING SECTION OF THIS BYLAW. SECTION 2: THIS DEPARTMENT SHALL INCLUDE THE OFFICE OF THE ACCOUNTANT AND THE TREASURER/COLLECTOR: ADDITIONALLY,THE DIRECTOR OF MUNICIPAL FINANCE,ACTING IN AN EX OFFICIO CAPACITY, SHALL COORDINATE AND ASSIST THE FOLLOWING FINANCIAL COMMITTEES: FINANCE COMMITTEE,CAPITAL BUDGET COMMITTEE AND TRUST FUND COMMISSIONERS . SECTION 3: WHEN IN CONFLICT,THIS BYLAW SHALL PREVAIL OVER OTHER ARTICLES, , THE BYLAWS OR STATUTES AS PROVIDED FOR IN MGL 43C. SECTION 4: THERE SHALL BE A DIRECTOR OF MUNICIPAL FINANCE WHO SHALL BE APPOINTED BY THE SELECTMEN,AND REPORT TO THE SELECTMEN. THE TERM OF OFFICE FOR SAID POSITION SHALL NOT BE LESS THAN THREE YEARS,NOR MORE THAN FIVE YEARS,SUBJECT TO REMOVAL AS PROVIDED FOR IN THIS BYLAW. SECTION 5: THE DIRECTOR OF MUNICIPAL FINANCE SHALL APPOINT THE ACCOUNTANT, AND THE TREASURER/COLLECTOR, SUBJECT TO APPROVAL BY THE SELECTMEN. THE TREASURER/COLLECTOR AND ACCOUNTANT SHALL APPOINT HIS/HER OWN STAFF,SUBJECT TO APPROVAL BY THE DIRECTOR OF MUNICIPAL FINANCE. SECTION 6: ALL OFFICERS APPOINTED BY THE DIRECTOR OF MUNICIPAL FINANCE MAY BE APPOINTED FOR A TERM OF OFFICE UP TO THREE(3)YEARS. SECTION 7: THE PERSON HOLDING THE POSITION OF DIRECTOR OF MUNICIPAL FINANCE MAY ALSO BE APPOINTED TO HOLD OTHER FINANCIAL POSITIONS IDENTIFIED IN THIS ACT, EXCEPT THAT NO ONE PERSON SHALL HOLD BOTH THE TOWN ACCOUNTANT AND TREASURER/COLLECTOR POISITION AT THE SAME TIME. SECTION 8: THE DIRECTOR OF MUNICIPAL FINANCE MAY BE REMOVED FOR DUE CAUSE AS DETERMINED,AND SO VOTED UPON,BY THE BOARD OF SELECTMEN. SECTION 9: THE FUNCTIONS OF THE DEPARTMENT OF MUNICIPAL FINANCE SHALL INCLUDE THE FOLLOWING: • COORDINATION OF ALL FINANCIAL SERVICES AND ACTIVITIES • MAINTENANCE OF ALL ACCOUNT RECORDS AND OTHER FINANCIAL STATEMENTS • PAYMENT OF ALL OBLIGATIONS • RECEIPT OF ALL FUNDS DUE,EITHER DIRECTLY OR VIA THE RESPONSIBLE DEPARTMENT HEAD • ASSISTANCE TO ALL OTHER TOWN DEPARTMENTS AND OFFICES IN ANY MATTER , RELATED TO FINANCIAL AFFAIRS • MONITOR THE EXPENDITURE OF ALL FUNDS,INCLUDING PERIODIC REPORTING TO THE APPROPRIATE AGENCIES ON THE STATUS OF ACCOUNTS • SUPERVISION OF ALL PURCHASES OF GOODS,MATERIALS AND SUPPLIES AND THE MAINTENANCE OF INVENTORY CONTROL • SUPERVISION OF ALL DATA-ACCESSING FACILITIES SECTION 10: THE DIRECTOR OF MUNICIPAL FINANCE SHALL BE RESPONSIBLE FOR THE FUNCTIONS OF THE DEPARTMENT OF MUNICIPAL FINANCE. HE/SHE SHALL BE SPECIFICALLY RESPONSIBLE FOR THE ANNUAL BUDGETING PROCESS,BEGINNING WITH THE REQUEST AND GUIDELINES FOR SUBMISSION OF BUDGET REQUESTS,THROUGH THE CONSIDERATION OF BUDGETS VIA SUPPORT OF THE FINANCE COMMITTEE,UP TO THE TIMELY ISSUANCE OF THE RESULTING TAX BILLS. SECTION 11: ANY PERSON HOLDING ANY OFFICE OR POSITION IN THE SERVICE OF THE TOWN UPON ACCEPTANCE OF THIS OPTIONAL FORM OF ADMINISTRATION UNDER MGL CHAPTER 43C, SECTION 11,WHO IS EMPLOYED IN AN OFFICE OR AGENCY WHICH IS AFFECTED BY OR RECONSTITUTED BY THE CREATION OF THIS DEPARTMENT OF MUNICIPAL FINANCE,SHALL BE ALLOWED TO CONTINUE IN THE EMPLOY OF THE TOWN WITHOUT REDUCTION IN COMPENSATION OR IMPAIRMENT OF ANY CIVIL SERVICE,RETIREMENT,PENSION,SENIORITY, VACATION, SICK LEAVE,OR OTHER RIGHTS OR BENEFITS TO WHICH THEN ENTITLED. 17'9 SECTION 12: THIS BYLAW SHALL TAKE EFFECT UPON THE EXPIRATION OF THE TREASURER/COLLECTOR'S CURRENT TERM SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL. SECTION 13: AT ANY TIME AFTER FOUR YEARS FOLLOWING THE DATE OF AN ELECTION AT WHICH THIS OPTIONAL FORM OF MUNICIPAL ADMINISTRATION IS ADOPTED BY THE VOTERS, A QUESTION TO REVOKE OR RESCIND SUCH ACCEPTANCE MAY BE SUBMITTED TO THE VOTERS. SUCH QUESTION SHALL BE IN THE FOLLOWING FORM: "SHALL THE TOWN OF NEWBURY REVOKE ITS ADOPTION OF THE DEPARTMENT OF MUNICIPAL FINANCE OPTIONAL FORM OF MUNICIPAL ADMINISTRATION?" RICHARD PASSERI,CHARIMAN OF GOVERNMENT STUDY GROUP GAVE A BRIEF EXPLANATION OF THE ARTICLE. PASSED BY MAJORITY. ARTICLE 17. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO ELECT AT THE ANNUAL ELECTION IN 2006 FIVE TRUSTEES FOR THE FIRST SETTLERS BURIAL GROUND. THE CANDIDATE RECEIVING THE HIGHEST VOTE WOULD HAVE A FIVE YEAR TERM THE NEXT HIGHEST A FOUR YEAR TERM AND THE THIRD A THREE YEAR TERM AND SO ON. THESE TRUSTEES TO BE RESPONSIBLE FOR THE UPKEEP OF THIS CEMETERY,AND TO BE AUTHORIZED TO PURSUE SOURCES OF REVENUE SUCH AS GRANTS,THE JANE D.MOORE TRUST FUND,AND DONATIONS;AND WITH THE KNOWLEDGE AND APPROVAL OF THE SELECTMEN SPEND SUCH SUMS AS NEEDED. RICHARD CUNNINGHAM PROPOSED AN AMENDMENT TO CHANGE NUMBER OF TRUSTEES TO THREE INSTEAD OF FIVE.AMENDMENT MOVED,SECONDED AND PASSED UNANIMOUS. ARTICLE WITH AMENDMENT MOVED,SECONDED AND PASSED UNANIMOUS. ARTICLE 18. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE SELECTMEN TO ACCEPT A GIFT OF LAND FROM RICHARD CUNNINGHAM FOR THE PURPOSE OF CONSTRUCTING A SENIOR CITIZENS CENTER. THE LAND TO BE DONATED IS LOCATED ON SCOTLAND ROAD AND IS TO BE USED AS THE SITE FOR A NEW SENIOR CITIZEN CENTER. THE EXACT SIZE AND LOCATIN OF THE LAND WILL BE DETERMINED BY THE PROGRAMMATIC NEEDS ESTABLISHED BY THE SENIOR CITIZEN CENTER BUILDING COMMITTEE AND AGREED TO BY THE DONOR. SAID LAND IS TO BE DEEDED TO THE TOWN UPON THE PROVISION THAT THE SENIOR CITIZENS CENTER SHALL BE CONSTRUCTED ON OR BEFORE JULY 1,2010 OR SUCH ADDITIONAL TIME AS MAY BE MUTUALLY AGREED UPON IN WRITING,OR FAILING THE SAME,THE LAND SHALL REVERT BACK TO THE DONOR OR HIS HEIRS.PASSED UNANIMOUS. ARTICLE 19. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO CONFIRM THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF NEWBURY AND THE CITY OF NEWBURYPORT WHEREBY THE CITY OF NEWBURYPORT ACTS AS A GRANT ADMINISTRATOR FOR THE MASSACHUSETTS DEPARTMENT OF CONSERVATION AND RECREATION"RECREATIONAL TRAILS GRANT"AND RELATED GRANTS ON BEHALF OF THE TOWN OF NEWBURY,OR TO TAKE ANY ACTION RELATED THERETO. PLANNING BOARD MEMBER JOSEPH STORY PRESENTED AN AMENDMENT TO THE ARTICLE WHICH WAS MOVED,SECONDED AND PASSED BY MAJORITY. TOWN PLANNER JUDY TYMON GAVE A BRIEF EXPLANATION OF THE ARTICLE. ARTICLE WITH AMENDMENT PASSED BY MAJORITY. ARTICLE 20. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO CONFIRM THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF NEWBURY,THE TOWN OF GEORGETOWN AND THE CITY OF NEWBURYPORT WHEREBY THE CITY OF NEWBURYPORT ACTS AS A GRANT ADMINSTRATOR FOR AFFORDABLE HOUSING AND RELATED GRANTS ON BEHALF OF THE TOWN OF NEWBURY OR TAKE ANY ACTION RELATED THERETO. . PLANNING BOARD MEMBER JOSEPH STORY PRESENTED AN AMENDMENT TO THE ARTICLE WHICH WAS MOVED, SECONDED AND PASSED BY MAJORITY.ARTICLE WITH AMENDMENT PASSED UNANIMOUS. ARTICLE 21. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE A REGULATION REQUIRING ALL DOGS BE LEASHED WHEN ON THE P.I.BEACHES IN NEWBURY. A MOTION TO POSTPONE INDEFINITELY WAS GIVEN BY SCOTT ACKERLY STATING THAT MORE TIME WAS NEEDED TO DECIDE. AFTER SOME DISCUSSION A COUNTED VOTE OF YES-75,NO-59, THE VOTE TO POSTPONE WAS PASSED. 180 ARTICLE 22. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO AMEND ITS PRIOR ACCEPTANCE OF MASSACHUSETTS GENERAL LAWS CHAPTER 59,SECTION 5,CLAUSE 41C,FOR THE PURPOSE OF ACCEPTING THE PROVISIONS OF CHAPTER 184,SECTION 51 OF THE ACTS OF 2002,WHICH PROVIDES PROPERTY TAX EXEMPTIONS TO PERSONS OVER 70 YEARS OF AGE, STARTING WITH FY2006 AS FOLLOWS; 4. LOWER ELIGIBILITY AGE TO 65 5. INCREASE GROSS RECEIPTS LIMIT TO$20,000 IF SINGLE AND$30,000 IF MARRIED 6. INCREASE WHOLE ESTATE LIMIT TO$40,000 IF SINGLE AND$55,000 IF MARRIED OR TAKE ANY OTHER ACTION RELATIVE THERETO.PASSED UNANIMOUS. ARTICLE 23. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO AMEND THE PERSONNEL BYLAW BY MAKING THE FOLLOWING CHANGES UNDER CHAPTER 22 OF THE CODE OF NEWBURY BYLAWS-PERSONNEL BOARD OF THE TOWN OF NEWBURY.AND SPECIFICALLY TO THE FOLLOWING PARAGRAPHS: 22-3. COMPOSITION: TERMS: WHICH CURRENTLY READS: "THE PERSONNEL BOARD TO CONSIST OF FIVE MEMBERS,TWO APPOINTED FOR THREE YEARS,TWO TO BE APPOINTED FOR TWO YEARS AND ONE FOR ONE YEAR,AND THEREAFTER EACH MEMBER TO BE APPOINTED FOR A THREE YEAR TERM." SHALL BE AMENDED TO READ: "THE PERSONNEL BOARD TO CONSIST OF SEVEN MEMBERS,THREE APPOINTED FOR THREE YEARS AND FOUR TO BE APPOINTED FOR TWO YEARS". 22-5. VACANCIES: SELECTION OF MEMBERS WHICH CURRENTLY READS: "VACANCIES TO BE APPOINTED BY THE SELECTMEN. AT ALL TIMES ONE OF THE FIVE MEMBERS SHALL BE ONE WHO HAS BEEN SELECTED FROM A LIST OF NOT LESS THAN THREE SUGGESTED MEMBERS SUBMITTED BY THE FULL-TIME EMPLOYEES OF THE TOWN,INCLUDING THE PROFESSIONAL EMPLOYEES OF THE SCHOOL DEPARTMENT.: SHALL BE AMENDED TO READ: "VACANCIES TO BE APPOINTED BY THE SELECTMEN. AT ALL TIMES ONE OF THE SEVEN MEMBERS SHALL BE ONE WHO HAS BEEN SELECTED FROM A LIST OF NOT LESS THAN THREE SUGGESTED MEMBERS SUBMITTED BY THE FULL-TIME EMPLOYEES OF THE TOWN,INCLUDING THE PROFESSIONAL EMPLOYEES OF THE SCHOOL DEPARTMENT." FURTHER.UNDER CHAPTER 24. PERSONNEL POLICY OF THE TOWN OF NEWBURY BYLAWS,AND SPECIFICALLY TO THE FOLLOWING PARAGRAPHS: , 24-3.A. MEMBERSHIP WHICH CURRENTLY READS: "A PERSONNEL BOARD OF FIVE(5)UNPAID MEMBERS,APPOINTED BY THE BOARD OF SELECTMEN,SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THIS BYLAW. MEMBERS OF THE BOARD SHALL BE VOTERS OF THE TOWN. AT ALL TIMES ONE OF THE FIVE MEMBERS SHALL BE ONE WHO HAS BEEN SELECTED FROM A LIST OF NOT LESS THAN THREE SUGGESTED MEMBERS SUBMITTED BY THE FULL-TIME EMPLOYEES OF THE TOWN,INCLUDING THE COVERED EMPLOYEES OF THE SCHOOL DEPARTMENT." SHALL BE AMENDED TO READ: "A PERSONNEL BOARD OF SEVEN(7)UNPAID MEMBERS,APPOINTED BY THE BOARD OF SELECTMEN,SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THIS BY-LAW. MEMBERS OF THE BOARD SHALL BE VOTERS OF THE TOWN. AT ALL TIMES ONE OF THE SEVEN MEMBERS SHALL BE ONE WHO HAS BEEN SELECTED FROM A LIST OF NOT LESS THAN THREE SUGGESTED MEMBERS SUBMITTED BY THE FULL-TIME EMPLOYEES OF THE TOWN,INCLUDING THE COVERED EMPLOYEES OF THE SCHOOL DEPARTMENT." 24-3.C. TERM OF OFFICE WHICH FIRST SENTENCE CURRENTLY READS: "MEMBERS OF THE BOARD SHALL SERVE OVERLAPPING TERMS OF THREE YEARS." WHICH FIRST SENTENCE SHALL BE AMENDED TO READ: "MEMBERS OF THE BOARD WILL BE APPOINTED TO EITHER A TERM OF THREE YEARS OR TWO YEARS, AS MAY BE VACATED." 18 24-3.B. PROCEEDINGS: WHICH SECOND SENTENCE CURRENTLY READS: "THREE(3)MEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF THE BUSINESS OF THE BOARD,AND THE AFFIRMATIVE VOTE OF A MAJORITY OF THE BOARD PRESENT AT THAT TIME SHALL BE NECESSARY FOR ANY OFFICIAL ACT OF THE BOARD." WHICH SECOND SENTENCE SHALL BE AMENDED TO READ: "FIVE(5)MEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF THE BUSINESS OF THE BOARD,AND THE AFFIRMATIVE VOTE OF A MAJORITY OF THE BOARD PRESENT PAUL BAIA,CHAIRMAN OF THE PERSONNEL BOARD PRESENTED A BRIEF EXPLANATION OF THE ARTICLE. AN AMENDMENT BY GAYLE CUTTER WAS GIVEN. AFTER MANY QUESTIONS IT WAS VOTED WHETHER TO ALLOW OR PUT ASIDE. PUT TO A VOTE,THE COUNT WAS YES-18 TO NO-53 WITH THE NO VOTE ALLOWING THE AMENDMENT TO BE HEARD. AMENDMENT THEN MOVED AND SECONDED WITH A COUNT OF YES-71 TO NO-7. THE ARTICLE WAS THEN VOTED WITH THE AMENDMENT. PASSED BY MAJORITY. ARTICLE 24. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO ACCEPT FATHERLAND DRIVE AS A TOWN WAY AS THE SAME IS LAID OUT ON A PLAN DATED AUGUST 16, 1993,DRAWN BY PETER OGREN OF HAYES ENGINEERING INC.,APPROVED BY THE PLANNING BOARD ON MARCH 22, 1995 AND RECORDED IN THE ESSEX COUNTY SOUTH DISTRICT REGISTRY OF DEEDS AT PLAN BOOK 298,PLAN 75. PASSED BY MAJORITY. ARTICLE 25. MOVED AND SECONDED 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 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. PASSED UNANIMOUS. ARTICLE 26. MOVED AND SECONDED 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. PASSED UNANIMOUS. ARTICLE 27. MOVED AND SECONDED TO MEET ON TUESDAY MAY 10,2005,IN OUR RESPECTIVE VOTING DISTRICTS FOR THE ELECTION OF TOWN OFFICERS TO THE FOLLOWING POSITIONS,VIZ: SELECTMAN 3 YEARS, BOARD OF HEALTH 3 YEARS,ASSESSOR 3 YEARS,PLANNING BOARD 5 YEARS,PLANNING BOARD 3 YEAR UNEXPIRED TERM,PLANNING BOARD 2 YEAR UNEXPIRED TERM,MODERATOR 3 YEARS,FISH COMMISSIONER 3 YEARS,TREE WARDEN 1 YEAR,LIBRARY TRUSTEE 3 YEARS,LIBRARY TRUSTEE 1 YEAR UNEXPIRED TERM,CONSTABLE 4 YEARS,AND TRITON REGIONAL SCHOOL COMMITTEE;NEWBURY 3 YEARS,ROWLEY 3 YEARS, SALISBURY 3 YEARS,AND TO VOTE ON THE FOLLOWING QUESTIONS: "Shall the Town of Newbury be allowed to assess an additional$1.5 million dollars in real estate and personal property taxes for the purpose of funding the operating budget of the Town,and the assessment for the Triton Regional School District,and the Whittier Regional Vocational Technical School for the fiscal year beginning July 1,2005?" "Shall the Town vote to have its elected Collector of Taxes and its elected Treasurer become an appointed Treasurer/Collector of the Town?" PASSED UNANIMOUS. MEETING ADJOURNED AT 10:39 P.M. THERE WERE 293 VOTERS CHECKED IN. RESPECTIVELY SUBMITTED; DONNA R. STEFANILE 162 ANNUAL TOWN ELECTION MAY 10,2005 RESULTS SELECTMAN FOR THREE YEARS PCT 1 PCT 2 TOTAL ROBERTA.BROWN 234 322 556 JOSEPH STORY 557 270 827 BOARD OF HEALTH FOR THREE YEARS * STEVEN H.FRAM 572 507 1079 MODERATOR * JOHN P.SALTER IR. 600 513 1113 ASSESSOR FOR THREE YEARS * JOSEPH P.CUTRONE 573 478 1051 FISH COMMISSIONER FOR THREE YEARS is EVERETT M.DAVIS 572 516 1088 CONSTABLE FOR FOUR YEARS JAMES A.CUNNINGHAM 656 528 1184 PLANNING BOARD FOR FIVE YEARS is DAVID C.MOUNTAIN 534 467 1001 PLANNING BOARD FOR THREE YEARS UNEXPIRED DAVID J.POWELL 265 385 650 RICHARD D.SALMONSON 377 125 502 PLANNING BOARD FOR TWO YEARS UNEXPIRED PETER GANTCHEV 245 220 465 KATHLEEN M.PEARSON 407 323 730 TREE WARDEN FOR ONE YEAR * PETER W.HOLLIS 578 366 944 SEAN PEARSON 152 253 405 LIBRARY TRUSTEE FOR THREE YEARS(2) * CATHERINE DULLEA 455 420 875 WILLIAM W.WESTHAFER 246 228 474 LIBRARY TRUSTEE FOR ONE YEAR UNEXPIRED RICHARD RAVIN 507 439 946 TRITON REGIONAL SCHOOL COMMITTEE FOR THREE YEARS NEWBURY DIANA"DINA"L.SULLIVAN 249 351 600 NANCY J.TAYLOR 486 253 739 DALE C.WILLIAMS 54 64 118 ROWLEY * DARLENE J.DOUCOT 369 342 711 SALISBURY * JAMES E.POULIN 355 340 695 QUESTION#1-$1.5 MILLION OVERRIDE YES 392 355 747 NO 480 349 829 QUESTION#1-COLLECTOR AND TREASURER FROM ELECTED TO APPOINTED? YES 433 369 802 NO 416 301 717 TOTAL VOTERS 893 734 1627 * incumbent 34% turnout 4768 registered voters 1 $3 TOWN OF NEWBURY SPECIAL TOWN MEETING August 2, 2005 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 2ND DAY OF AUGUST 2005 AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ: ARTICLE 1. To see if the Town will vote to ratify the status of the former Town Counsel as a town employee covering the period from November 1, 2004 through June 30, 2005 at an annual salary of$75,000 for the period from July 1, 2004 through June 30, 2005 or act in relation thereto. ARTICLE 2. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of$74,785.90 for legal services rendered by the former Town Counsel during the period commencing on November 1, 2004 and ending June 30, 2005 or act in relation thereto. ARTICLE 3. To see if the town will vote to amend its"Wetlands By-law" (Chapter 95, subsections 1-14)by deleting all of the present by-law and substituting in its place the language contained in a document entitled "Town of Newbury Wetlands By-law, dated July 8, 2005", as proposed by the members of the Plum Island Beach Association and on file with the Town Clerk or act in relation thereto: GIVEN UNDER OUR HANDS THIS 15th DAY OF DULY 2005. SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATTEST: CL URSUANT 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. r DATE: _�0 CONSTABLE: (r u , 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. DATE7,/F+ c�- CONSTABLE: �/� 18.5 TOWN OF NEWBURY 13� - SPECIAL TOWN MEETING August 2,2005 � y4, RESULTS n TOWN MODERATOR,JOHN P. SALTER CALLED THE MEETING TO ORDER AT 7:23 P.M.WITH A QUORUM PRESENT. FOLLOWING THE PLEDGE OF ALLEGIANCE THE MODERATOR READ THE CALL AND THE RETURN WAS GIVEN BY CONSTABLE RICHARD CUNNINGHAM. COUNTERS APPOINTED FOR THE EVENING WERE; JAMES CASHMAN,DAVID TAYLOR,AND ROBERT DASH. ARTICLE 1. MOVED AND SECONDED To see if the Town will vote to ratify the status of the former Town Counsel as a town employee covering the period from November 1,2004 through June 30,2005 at an annual salary of$75,000 for the period from July 1,2004 through June 30,2005 or act in relation thereto. KEVIN BLANCHETTE,CHAIRMAN OF FINANCE COMMITTEE STATED THAT THE FINANCE COMMITTEE RECOMMENDS AGAINST PASSAGE OF THIS ARTICLE. AN AMENDMENT TO THE ARTICLE WAS MOVED BY JOHN HARTNETT AND SECONDED. AT.7:46 P.M.AMENDMENT WAS VOTED ON WITH A COUNT OF YES—98 TO NO—232. AMENDMENT FAILED.AFTER SOME DISCUSSION ARTICLE WAS VOTED AT 8:07 P.M. WITH A COUNT OF YES— 10,TO NO—NO COUNT NEEDED,ARTICLE FAILED BY A MAJORITY. ARTICLE 2. MOVED AND SECONDED To see if the Town will vote to raise and appropriate or transfer from available funds the sum of$74,785.90 for legal services rendered by the former Town Counsel during the period commencing on November 1,2004 and ending June 30,2005 or act in relation thereto. AFTER SOME DISCUSSION AN AMENDMENT WAS MOVED BY MARC SARKADY AND SECONDED WITH A COUNT OF YES—86 TO NO—NO COUNT NEEDED,AMENDMENT FAILED. JOHN HARTNETT MOVED TO HAVE ARTICLE TABLED AND WAS SECONDED. A COUNT OF YES—245 TO NO—NO COUNT NEEDED,ARTICLE TABLED BY A MAJORITY VOTE. ARTICLE 3. MOVED BY ROBERT CONNORS AND SECONDED To see if the town will vote to amend its "Wetlands By-law"(Chapter 95,subsections 1-14)by deleting all of the present by-law and substituting in its place I the language contained in a document entitled"Town of Newbury Wetlands By-law,dated July 8,2005",as proposed by the members of the Plum Island Beach Association and on file with the Town Clerk or act in relation thereto.ROBERT CONNORS OF THE PLUM ISLAND BEACH ASSOCIATION PRESENTED A BRIEF EXPLANATION OF THE BYLAW, AFTER SOME DISCUSSION ARTICLE WAS PUT TO A VOTE AT 9:30 P.M. BY A COUNT OF YES—247 TO NO—NO COUNT NEEDED,ARTICLE PASSED BY MAJORITY. MOTION TO ADJOURN AT 9:34 P.M.WAS MOVED,SECONDED AND PASSED.THERE WERE 392 VOTERS CHECKED IN. RESPECTFULLY SUBMITTED; DONNA R. STEFANILE TOWN CLERK I I isb SPECIAL TOWN ELECTION AUGUST 16,2005 RESULTS QUESTION 1. "Shall the Town of Newbury be allowed to assess an additional , $950,000 in real estate and personal property taxes for the purpose of funding the operating budget of the Town, and the assessment for the Triton Regional School District, and the Whittier Regional Vocational Technical School for the fiscal year beginning July 1, 2005?" PRECINCT 1 PRECINCT 2 TOTAL YES 562 499 1061 NO 541 418 959 TOTAL VOTERS 1103 917 2020 Respectfully Submitted; Donna St fanile Town Clerk I�� 187 TOWN OF NEWBURY SPECIAL TOWN MEETING OCTOBER 25,2005 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 25TH DAY OF OCTOBER AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES,VIZ: ARTICLE I. To see if the Town will vote to make the following adjustments in the Fiscal Year 2006 operating budget: FINANCE COMMITTEE RECOMMENDS APPROPRIATED RECOMMEND CHANGE SELECTMEN'S SECRETARY 40,000 37,059 <2,941> TOWN HALL ADM SERVICE 58,000 13,760 <44,240> ACCOUNTANT'S SALARY 43,288 42,027 <1,261> ASSESSOR'S SALARIES 10,389 10,086 <303> ASSESSOR'S WAGES 33,583 30,838 <2,745> TREASURER'S SALARY 25,879 25,126 <753> TREASURER-COLLECTOR WAGES 30,298 29,41E <882> TOWN CLERK'S SALARY 41,642 40,429 <1,213> TOWN CLERK'S WAGES 33,003 32,042 <961> REGISTRARS VOTERS SALARIES 800 750 <50> CONSERVATION COMM. WAGES 7,002 6,598 <404> CONSERVATION COMM. AGENT SALARY 32,445 31,500 <945> MASTER PLAN 6,000 3,000 <3,000> PUBLIC BUILDING MAINTENANCE 0 41,078 41,078 FIRE PROT-WAGES-P#1 89,326 86,736 <2,590> FIRE PROT-WAGES- P#2 84,780 82,300 <2,480> FIRE PROT RESERVES P#1 68,607 66,609 <1,998> FIRE PROT RESERVES P#2 68,607 66,609 <1,998> BUILDING INSPECTOR SALARY 42,293 41,061 <1,232> ASST. BUILDING INSPECTOR WAGES 8,742 8,487 <255> BUILDING INSPECTOR WAGES 4,668 4,532 <136> ANIMAL CONTROL OFFICER 17,880 17,360 <520> HIGHWAY LABOR 365,000 330,217 <34,783> BOARD OF HEALTH WAGES 115,059 111,708 <3,351> COUNCIL ON AGING WAGES 65,255 63,251 <1,904> NEWBURY TOWN LIBRARY WAGES 218,077 202,751 <15,326> NEWBURY TOWN LIBRARY EXPENSES 87,436 82,247 <5,189> LIFEGUARD WAGES 46,350 15,000 <31,350> PARKS WAGES & EXPENSE 64,000 40,750 <23,250> HEALTH & DENTAL INSURANCE 457,051 435,051 <22,000> NET REDUCTION <166,982> ARTICLE 2. To see if the Town will vote to appropriate the sum of$50,000 from free cash or other available funds to the Stabilization Fund. FINANCE COMMITTEE RECOMMENDS ARTICLE 3. To see if the Town will vote to transfer the sum of$17,000 from the "Dog Fund" so-called to the General Fund. FINANCE COMMITTEE RECOMMENDS ARTICLE 4. To see if the Town will vote to accept the provisions of General Laws Chapter 59, section 5K,which authorized the Board of Selectmen to establish a program to allow persons over the age of 60 to volunteer to provide services to the Town in exchange for a reduction in , their real estate tax obligation to a maximum of$750 in any given tax year at an hourly rate not to exceed the current Massachusetts minimum wage and to raise and appropriate or appropriate from available funds the sum of$4,500 for said program for fiscal year 2006; or act in relation thereto. ARTICLE 5. To see if the Town will vote to ruse and appropriate or transfer from available funds the sum of$5,714 to cover unpaid overtime charges incurred by the Police Department in FY05; or act in relation thereto. ARTICLE 6 To see if the Town will vote to establish the Newbury Improvement Trust as follows: 1. The purpose of this Trust is to provide for a vehicle to assist the Town in furthering certain goals of the Town including the holding of appropriate anniversary celebrations, the general betterment and beautification of the Town and the making of capital improvements. 2. A Board of Commissioners of Trust Funds, consisting of three persons,will manage all trust funds donated or bequeathed to the Town for the benefit of the Town and its inhabitants for use for such purposes as may be specified by any donor or, in the case of donations made to the Trust without restriction,for any purpose that the Commissioners determine to be in the best interest of the Town consistent with the provisions of this trust, and may, in accordance with the provisions of General Laws Chapter 44, section , 53A, expend,with the approval of the Board of Selectmen, such funds for the purposes specified in any such gifts or grants. The Commissioners shall be appointed by the Board of Selectmen of the Town of Newbury for staggered three terms. Initially there shall be appointed one member for one year, one for two years and one for three years. Thereafter,one member shall be appointed each year for a three year term. Any vacancy shall be filled by the Board of Selectmen for the balance of the appropriate term of office. 3. The Town Treasurer shall be the custodian of all funds and securities held by the Trust and shall invest and reinvest them and expend therefrom,with the approval of the Selectmen,moneys as directed by the Commissioners. . 4. The Commissioners shall, so far as is consistent with the terms of this Trust,manage and control the same, and distribute the income in accordance with the terms of the respective trusts. The Commissioners shall keep records of their doings, and at the close of each fiscal year shall make a report to the town, showing the total amount of the funds, and their investments, receipts and disbursements on account of the same, setting forth in detail the sources of the receipts and the purposes of the expenditures. The Town Accountant shall at least annually, and so much oftener as she/he deems necessary, audit the accounts of the Trust of any property the principal or interest of which, in whole or in part, was bequeathed or given in trust for public uses for the benefit of the town. 189 5. Trust funds, unless otherwise provided or directed by the donor thereof, shall be placed in an interest bearing savings account. 6. Upon taking an oath of office,the Commissioners shall execute a declaration of trust in a form approved by Town Counsel in consultation with the Commissioners and Board of Selectmen; or act in relation thereto. ARTICLE 7 To see if the Town will vote to authorize the Board of Selectmen to execute an amendment to the"Intermunicipal Agreement"between Newbury and Newburyport for the provision of water and sewer services for Plum Island as follows: AMENDMENT TO "INTERMUNICIPAL AGREEMENT BETWEEN THE CITY OF NEWBURYPORT AND THE TOWN OF NEWBURY FOR THE PROVISION OF WATER AND SEWER SERVICES TO PROPERTIES WITHIN BOTH COMMUNITIES ON PLUM ISLAND" This AMENDMENT is to the"Intermunicipal Agreement between the City of Newburyport and the Town of Newbury for the Provision of Water and Sewer Services to Properties within both Communities on Plum Island" as most recently amended(hereinafter referred to as "Intermunicipal Agreement"). WHEREAS,the above parties entered into the Intermunicipal Agreement in order to provide water and sewer services to properties within the Communities of Newburyport and Newbury; and WHEREAS,the parties desire to amend the Intermunicipal Agreement in order to allow each community to establish the method by which they assess betterment assessments; NOW THEREFORE, the parties agree to amend the Intermunicipal Agreement as follows: 1. Delete the first sentence of the PREAMBLE and replace it with the following: "The purpose of this intermunicipal agreement between the City of Newburyport (hereinafter referred to as"City")and the Town of Newbury(hereinafter referred to as"Town")is to provide those properties of both communities in the Service Area(as defined below in Section 2) with a municipal water and sewer system whose capital and operating cost will be shared proportionately by all users within such system, regardless of the municipality in which they reside." 2. Delete the fourth sentence of the first paragraph of Section 3 which reads: "The method of determining the amount of the betterment assessment shall be the same in both communities and shall be based on the agreed total cost of the project divided by the number of parcels served, regardless of the community in which they lie." and replace it with"The method of determining the amount of the betterment assessment may differ in each community. Betterments shall be based on the agreed total cost of the project allocated to each community as provided in Section 5 of this Agreement. 3. Delete the third sentence of the second paragraph of Section 3 which reads: "Betterment assessments shall be on a parcel by parcel basis,regardless of whether that parcel 190 contains a single or multi-dwelling unit, or is used for a commercial or other non- residential purpose" and replace it with"The City and the Town, respectively,may use any assessment method permitted by Chapter 103 of the Acts of 2003 and the Massachusetts General Laws and need not use the same assessment method."; or act in relation thereto. ARTICLE 8 To see if the Town will vote to amend the method of assessing betterments on those persons benefiting from the installation of water and sewer services to Plum Island as ' follows: Pursuant to Section 5 of Chapter 103 of the Acts of 2003 and General Laws Chapter 80, the Board of Selectmen shall assess one hundred percent of the cost of the Town of Newbury's share of the Plum Island Water and Sewer Project upon those who benefit from the project by a rate based on the uniform unit method which shall be applied by the Board of Selectmen based upon total project costs divided among the total number of existing and. potential units to be benefited by the project. All existing and potential single family homes shall be equal to one unit. Multi-family homes and condominiums shall be assessed based on the number of family units in said structures. Existing and potential commercial and semi- public units shall be converted into units with each unit based on a multiple of design flow of 330 gallons per day(gpd) (being the minimum allowable design flow for a single family residence under 310 CMR 15.204(2)of Title 5 of the State Environmental Code). Design flow shall be based upon the design flow attributed to different land uses under 310 CMR 15.204(2)through(5) of Title 5 and potential units shall be calculated on the basis of potential development of vacant or underdeveloped land under the existing zoning by-law of the Town as in effect at the time of betterment assessment. Notwithstanding the foregoing, the maximum number of units which will be assessed to any commercial or semi-public property shall be three (3); or act in relation thereto. ARTICLE 9 To see if the Town will vote pursuant to General Laws Chapter 80, section 13 to , elect to charge interest on betterment assessments for the Plum Island Water and Sewer Project at a rate equal to two percent per annum above the rate of interest chargeable to the Town for the Projects to which said betterment assessments relate, from the thirtieth day after assessments have been committed to the Tax Collector(as opposed to a flat rate of five percent per annum which must be charged in the absence of such an election); or act in relation thereto. ARTICLE to To see if the Town will vote to amend its Personnel By-laws(Chapter 24)by deleting paragraph 24-3,A Membership (which currently reads: "A Personnel Board of seven(7)unpaid members appointed by the Board of Selectmen, shall be responsible for the administration of this By-law. Members of the Board shall be voters of the Town. At all times one of the seven members shall be one who has been selected from a list of not less than three suggested members submitted by the full-time employees of the Town, including the covered employees of the School Department.") and replacing said paragraph with the following: §24-3 A. Membership. A Personnel Board of seven(7)unpaid members, appointed by the 191 Board of Selectmen, shall be responsible for the administration of this By-law. At all times at least one (1) and not more than two (2) of the seven(7)members shall be an employee of the Town(including the covered employees of the School Department), and shall be designated as the "Employee Representative(s)." Members of the Board shall be voters of the Town with the exception that the Employee Representative(s)need not be voters of the Town. Any Employee Representative vacancy will not be filled until a public notice of such vacancy has been posted at the Town Hall for a minimum period of ten(10)business days. Thereafter,members of the Personnel Board will process all applications for such vacancy and make a recommendation to the Board of Selectmen for appointment to fill such vacancy.; or act in relation thereto. ARTICLE I I. To see if the Town will vote to amend its Personnel By-laws (Chapter 24)by adding thereto the following: §24-8 D. Emergency Closing of Town Departments (1) Policy Statement—If an emergency exists within the Town, either as a whole or at or within a specific location or building, including severe weather conditions which may make travel hazardous, the Selectmen may decide in the interest of Town employee safety that those who are not involved in essential Town services may be excused from duty or allowed to leave work early. (2) Procedure— (a) The Board of Selectmen shall have the responsibility to monitor potential emergency conditions in the Town by obtaining frequent information from the news media,weather services, and public safety agencies including police and fire. Based upon such information,the Selectmen shall be authorized to decide whether a Town Department(s) should close or if an early dismissal may be in the best interest of the Town and its employees. (b) Department Heads shall, upon notification from the Board of Selectmen authorizing closure or early dismissal, determine whether the department or office should close completely or whether it should continue to operate with reduced staffing and , if so, which employees are essential and must remain on duty, and which employees are non-essential and may be excused from duty. Department Heads shall be responsible for the notification of employees within his/her direction. (c) Employees— i. An employee eligible to be released early may depart at the time announced. If compelling reasons necessitate an earlier departure time,the employee may leave prior to the authorized dismissal time. Factors such as travel arrangements, distance from home, or a disabling condition shall be taken into consideration. Each such situation must be reviewed and approved in advance by the appropriate Department Head. ii. An employee who is unable to report to work as scheduled due to an emergency situation will not be paid except upon the conditions set forth in sub-paragraph iv. below. iii. An employee dismissed from work early due to an emergency situation will be paid for hours actually worked prior to dismissal. Time lost due to early dismissal will not be paid except upon the conditions set forth in sub-paragraph iv. below. iv. Employees shall have the following options relative to time lost as a result of an emergency situation: 1. Use of accrued vacation time(if available), or 2. Make up the lost work hours during the same payroll period provided arrangements therefore are approved in advance by the employee's Department Head.: or act in relation thereto. i ARTICLE 12. To see if the Town will vote to acquire for conservation and passive recreation, at no net cost to the Town, by negotiated purchase or otherwise, a certain property located on Scotland Road,known as the Herrick Land,consisting of 8 +/- acres in Newbury,more or less, shown as R44-0-02,R44-0-03, and R44-0-05 on the Newbury Assessors Maps and 14 acres in Newburyport,more or less, shown as 89-3 on the Newburyport Assessors Maps. Said land is to be conveyed jointly to the Town of Newbury and the City of Newburyport under the provisions of Massachusetts General Laws, Chapter 40, Section 8C, as it may hereafter be amended and other Massachusetts statutes relating to Conservation, to be managed and controlled by the Conservation Commission of the Town of Newbury and the Conservation Commission of the City of Newburyport. The Newbury Conservation Commission shall also be authorized to file on behalf of the Town of Newbury any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts or the United States under the Self- Help Act(Chapter 132A, Section 11)and/or any other state or federal programs including those in aid of conservation land acquisition and to receive and accept such grants and reimbursements, including grants from private parties, for this purpose and/or any others in any way connected with the scope of this Article; and the Conservation Commission in conjunction with the Board of Selectmen shall be authorized to transfer the amount of any financial contributions received by the Town of Newbury designated for the purchase of the Herrick Land to the City of Newburyport of the Trust for Public Land; and the Conservation Commission in conjunction with the Board of Selectmen shall be authorized to enter into all agreements, including intermunicipal agreements with the City of Newburyport, with town meeting approval, and execute any and all instruments as may be necessary on behalf of the Town of Newbury to affect said purchase.; or act in relation thereto. Summary: This article authorizes the Town acting through the Board of Selectmen to jointly with the City of Newburyport to acquire the fee interest in approximately 22+/-acres of land located on Scotland Road, with in the area known as the"Common Pasture",to be held by the Conservation Commission for conservation purposes. I I 95 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,AND 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 2005. ZSELECN.TOWN OF NEWBURY A TRUE COPY ATTEST: DONNA R STEFANILE,TOWN CLERK 7 PlfRSUANT 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 a `7Jr e 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 f CONSTABLE: r TOWN OF NEWBURY SPECIAL TOWN MEETING OCTOBER 25,2005 RESULTS TOWN MODERATOR,JOHN P. SALTER CALLED THE MEETING TO ORDER AT 7:08 P.M.WITH A QUORUM PRESENT. FOLLOWING THE PLEDGE OF ALLEGIANCE THE MODERATOR READ THE CALL AND CONSTABLE RICHARD CUNNINGHAM READ THE RETURN. ARTICLE 1. MOVED,AND SECONDED To see if the Town will vote to make the following , adjustments in the Fiscal Year 2006 operating budget: FINANCE COMMITTEE RECOMMENDS APPROPRIATED RECOMMEND CHANGE SELECTMEN'S SECRETARY 40,000 37,059 <2,941> TOWN HALL ADM SERVICE 58,000 13,760 <44,240> ACCOUNTANT'S SALARY 43,288 42,027 <1,261> ASSESSOR'S SALARIES 10,389 10,086 <303> ASSESSOR'S WAGES 33,583 30,838 <2,745> TREASURER'S SALARY 25,879 25,126 <753> TREASURER-COLLECTOR WAGES 30,298 29,416 <882> TOWN CLERK'S SALARY 41,642 40,429 <1,213> TOWN CLERK'S WAGES 33,003 32,042 <961> REGISTRARS VOTERS SALARIES 800 750 <50> CONSERVATION COMM. WAGES 7,002 6,598 <404> CONSERVATION COMM. AGENT SALARY 32,445 31,500 <945> MASTER PLAN 6,000 3,000 <3,000> PUBLIC BUILDING MAINTENANCE 0 41,078 41,078 FIRE PROT-WAGES-P#1 89,326 86,736 <2,590> FIRE PROT-WAGES-P#2 84,780 82,300 <2,480> FIRE PROT RESERVES P#1 68,607 66,609 <1,998> FIRE PROT RESERVES P#2 68,607 66,609 <1,998> BUILDING INSPECTOR SALARY 42,293 41,061 <1,232> , ASST. BUILDING INSPECTOR WAGES 8,742 8,487 <255> BUILDING INSPECTOR WAGES 4,668 4,532 <136> ANIMAL CONTROL OFFICER 17,880 17,360 <520> HIGHWAY LABOR 365,000 330,217 <34,783> BOARD OF HEALTH WAGES 115,059 111,708 <3,351> COUNCIL ON AGING WAGES 65,255 63,251 <1,904> NEWBURY TOWN LIBRARY WAGES 218,077 202,751 <15,326> NEWBURY TOWN LIBRARY EXPENSES 87,436 82,247 <5,189> LIFEGUARD WAGES 46,350 15,000 <31,350> PARKS WAGES & EXPENSE 64,000 40,750 <23,250> HEALTH & DENTAL INSURANCE 457,051 435,051 <22,000> NET REDUCTION <166,982> AN AMENDMENT TO LINE ITEM FOR COUNCIL ON AGING WAGES FOR AMOUNT RECOMMENDED SHOULD HAVE READ$63,351 WAS MOVED,SECONDED AND PASSED UNANIMOUS. AFTER SOME DISCUSSION,ARTICLE WITH AMENDMENT WAS MOVED,SECONDED AND VOTED PASSED. 195 ARTICLE 2. MOVED AND SECONDED To see if the Town will vote to appropriate the sum of $50,000 from free cash or other available funds to the Stabilization Fund. PASSED BY UNANIMOUS VOTE. ARTICLE 3. MOVED AND SECONDED To see if the Town will vote to transfer the sum of $17,000 from the"Dog Fund" so-called to the General Fund PASSED BY UNANIMOUS VOTE. ARTICLE 4. MOVED AND SECONDED To see if the Town will vote to accept the provisions of General Laws Chapter 59, section 5K,which authorized the Board of Selectmen to establish a program to allow persons over the age of 60 to volunteer to provide services to the Town in exchange for a reduction in their real estate tax obligation to a maximum of$750 in any given tax year at an hourly rate not to exceed the current Massachusetts minimum wage and to raise and appropriate or appropriate from available funds the sum of$4,500 for said program for fiscal year 2006; or act in relation thereto PASSED BY UNANIMOUS VOTE. ARTICLE 5. MOVED AND SECONDED To see if the Town will vote to raise and appropriate or transfer from available funds the sum of$5,714 to cover unpaid overtime charges incurred by the Police Department in FY05; or act in relation thereto. SELECTMAN CHAIRMAN,DR.VINCENT RUSSO PROPOSED A REDUCED AMOUNT OF$5,624.48 WHICH WAS MOVED,SECONDED AND VOTED PASSED. AFTER SOME DISCUSSION THE ARTICLE WITH THE AMENDMENT WAS MOVED, SECONDED AND PASSED BY MAJORITY. ARTICLE 6. MOVED,AND SECONDED To see if the Town will vote to establish the Newbury Improvement Trust as follows: 1. The purpose of this Trust is to provide for a vehicle to assist the Town in furthering certain goals of the Town including the holding of appropriate anniversary celebrations, the general betterment and beautification of the Town and the making of capital improvements. 2. A Board of Commissioners of Trust Funds, consisting of three persons,will manage all trust funds donated or bequeathed to the Town for the benefit of the Town and its inhabitants for use for such purposes as may be specified by any donor or, in the case of donations made to the Trust without restriction, for any purpose that the Commissioners determine to be in the best interest of the Town consistent with the provisions of this trust, and may, in accordance with the provisions of General Laws Chapter 44, section 53A, expend,with the approval of the Board of Selectmen, such funds for the purposes specified in any such gifts or grants. The Commissioners shall be appointed by the Board of Selectmen of the Town of Newbury for staggered three terms. Initially there shall be appointed one member for one year, one for two years and one for three years. Thereafter, one member shall be appointed each year for a three year term. Any vacancy shall be filled by the Board of Selectmen for the balance of the appropriate term of office. 3. The Town Treasurer shall be the custodian of all funds and securities held by the Trust and shall invest and reinvest them and expend therefrom,with the approval of the Selectmen, moneys as directed by the Commissioners. 4. The Commissioners shall, so far as is consistent with the terms of this Trust,manage and control the same, and distribute the income in accordance with the terms of the respective trusts. The Commissioners shall keep records of their doings, and at the close of each fiscal year shall make a report to the town, showing the total amount of the funds, and their investments,receipts and disbursements on account of the same, setting forth in detail the sources of the receipts and the purposes of the expenditures. The Town Accountant shall at least annually, and so much oftener as she/he deems necessary, audit the accounts of the Trust of any property the principal or interest of which, in whole or in part,was bequeathed or given in trust for public uses for the benefit of the town. 166 5. Trust funds,unless otherwise provided or directed by the donor thereof, shall be placed in an interest bearing savings account. 6. Upon taking an oath of office, the Commissioners shall execute a declaration of trust in a form approved by Town Counsel in consultation with the Commissioners and Board of Selectmen; or act in relation thereto. PUT TO A VOTE AT 8:10 P.M.ARTICLE WAS PASSED UNANIMOUS. ARTICLE 7 MOVED, SECONDED AND PASSED TO DISPENSE WITH THE READING OF THE ARTICLE. ARTICLE WAS MOVED,AND SECONDED To see if the Town will vote to authorize the Board of Selectmen to execute an amendment to the"Intermunicipal Agreement"between Newbury and Newburyport for the provision of water and sewer services for Plum Island as follows: , AMENDMENT TO "INTERMUNICIPAL AGREEMENT BETWEEN THE CITY OF NEWBURYPORT AND THE TOWN OF NEWBURY FOR THE PROVISION OF WATER AND SEWER SERVICES TO PROPERTIES WITHIN BOTH COMMUNITIES ON PLUM ISLAND" This AMENDMENT is to the"Intermunicipal Agreement between the City of Newburyport and the Town of Newbury for the Provision of Water and Sewer Services to Properties within both Communities on Plum Island" as most recently amended (hereinafter referred to as "Intermunicipal Agreement'). WHEREAS, the above parties entered into the Intermunicipal Agreement in order to provide water and sewer services to properties within the Communities of Newburyport and Newbury; and WHEREAS, the parties desire to amend the Intermunicipal Agreement in order to allow each community to establish the method by which they assess betterment assessments; NOW TBEREFORE, the parties agree to amend the Intermunicipal Agreement as follows: 1. Delete the first sentence of the PREAMBLE and replace it with the following: "The , purpose of this intermunicipal agreement between the City of Newburyport (hereinafter referred to as "City") and the Town of Newbury(hereinafter referred to as"Town")is to provide those properties of both communities in the Service Area(as defined below in Section 2)with a municipal water and sewer system whose capital and operating cost will be shared proportionately by all users within such system, regardless of the municipality in which they reside." 2. Delete the fourth sentence of the first paragraph of Section 3 which reads: "The method of determining the amount of the betterment assessment shall be the same in both communities and shall be based on the agreed total cost of the project divided by the number of parcels served, regardless of the community in which they lie."and replace it with"The method of determining the amount of the betterment assessment may differ in each community. Betterments shall be based on the agreed total cost of the project allocated to each community as provided in Section 5 of this Agreement. 3. Delete the third sentence of the second paragraph of Section 3 which reads: "Betterment assessments shall be on a parcel by parcel basis, regardless of whether that parcel contains a single or multi-dwelling unit, or is used for a commercial or other non- residential purpose"and replace it with"The City and the Town,respectively, may use any assessment method permitted by Chapter 103 of the Acts of 2003 and the 197 Massachusetts General Laws and need not use the same assessment method."; or act in relation thereto. PASSED UNANIMOUS. ARTICLE 8. MOVED AND SECONDED To see if the Town will vote to amend the method of assessing betterments on those persons benefiting from the installation of water and sewer services to Plum Island as follows: Pursuant to Section 5 of Chapter 103 of the Acts of 2003 and General Laws Chapter 80, the Board of Selectmen shall assess one hundred percent of the cost of the Town of Newbury's share of the Plum Island Water and Sewer Project upon those who benefit from the project by a rate based on the uniform unit method which shall be applied by the Board of Selectmen based upon total project costs divided among the total number of existing and potential units to be benefited by the project. All existing and potential single family homes shall be equal to one unit. Multi-family homes and condominiums shall be assessed based on the number of family units in said structures. Existing and potential commercial and semi-public units shall be converted into units with each unit based on a multiple of design flow of 330 gallons per day(gpd) (being the minimum allowable design flow for a single family residence under 310 CMR 15.204 (2) of Title 5 of the State Environmental Code). Design flow shall be based upon the design flow attributed to different land uses under 310 CMR 15.204(2)through(5) of Title 5 and potential units shall be calculated on the basis of potential development of vacant or underdeveloped land under the existing zoning by-law of the Town as in effect at the time of betterment assessment. Notwithstanding the foregoing, the maximum number of units which will be assessed to any commercial or semi-public property shall be three (3); or act in relation thereto. SELECTMAN CHAIRMAN,DR.VINCENT RUSSO EXPLAINED THE ARTICLE. AFTER SOME DISCUSSION,A MOTION BY RONALD BARRETT TO SUBSTITUTE THE ARTICLE WAS MOVED,SECONDED AND FAILED BY A UNANIMOUS VOTE.ARTICLE PASSED BY A MAJORITY VOTE. ARTICLE 9. MOVED AND SECONDED To see if the Town will vote pursuant to General Laws Chapter 80, section 13 to elect to charge interest on betterment assessments for the Plum Island Water and Sewer Project at a rate equal to two percent per annum above the rate of interest chargeable to the Town for the Projects to which said betterment assessments relate, from the thirtieth day after assessments have been committed to the Tax Collector(as opposed to a flat rate of five percent per annum which must be charged in the absence of such an election); or act in relation thereto. PASSED BY UNANIMOUS VOTE. ARTICLE 10. MOVED AND SECONDED To see if the Town will vote to amend its Personnel By- laws (Chapter 24)by deleting paragraph 24-3,A Membership (which currently reads: "A Personnel Board of seven(7) unpaid members appointed by the Board of Selectmen, shall be responsible for the administration of this By-law. Members of the Board shall be voters of the Town. At all times one of the seven members shall be one who has been selected from a list of not less than three suggested members submitted by the full-times employees of the Town, including the covered employees of the School Department.") and replacing said paragraph with the following: §24-3 A. Membership. A Personnel Board of seven(7) unpaid members, appointed by the Board of Selectmen, shall be responsible for the administration of this By-law. At all times at least one(1) and not more than two (2) of the seven(7)members shall be an employee of the Town(including the covered employees of the School Department), and shall be designated as the"Employee Representative(s)." Members of the Board shall be voters of the Town with the exception that the Employee Representative(s) 198 need not be voters of the Town. Any Employee Representative vacancy will not be filled until a public notice of such vacancy has been posted at the Town Hall for a minimum period of ten(10)business days. Thereafter,members of the Personnel Board will process all applications for such vacancy and make a recommendation to the Board of Selectmen for appointment to fill such vacancy.; or act in relation thereto. PAUL BAIA,CHAIRMAN OF THE PERSONNEL BOARD GAVE A BRIEF EXPLANATION. ARTICLE PASSED BY MAJORITY. ARTICLE 11. MOVED AND SECONDED TO DISPENSE WITH THE READING OF THE ARTICLE PASSED UNANIMOUS. MOVED AND SECONDED To see if the Town will vote to amend its Personnel By- laws (Chapter 24)by adding thereto the following: , §24-8 D. Emergency Closing of Town Departments (1) Policy Statement—If an emergency exists within the Town, either as a whole or at or within a specific location or building,including severe weather conditions which may make travel hazardous, the Selectmen may decide in the interest of Town employee safety that those who are not involved in essential Town services may be excused from duty or allowed to leave work early. (2) Procedure— (a) The Board of Selectmen shall have the responsibility to monitor potential emergency conditions in the Town by obtaining frequent information from the news media,weather services, and public safety agencies including police and fire. Based upon such information, the Selectmen shall be authorized to decide whether a Town Department(s) should close or if an early dismissal may be in the best interest of the Town and its employees. (b) Department Heads shall,upon notification from the Board of Selectmen authorizing closure or early dismissal, determine whether the department or office should close completely or whether it should continue to operate with reduced staffing and, if so, which employees are essential and must remain on duty, and which employees are non- essential and may be excused from duty. Department Heads shall be responsible for the notification of employees within his/her direction. (c) Employees— i. An employee eligible to be released early may depart at the time announced. If compelling reasons necessitate an earlier departure time, the employee may leave prior to the authorized dismissal time. Factors such as travel arrangements, distance from home, or a disabling condition shall be taken into consideration. Each such situation must be reviewed and approved in advance by the appropriate Department Head. ii. An employee who is unable to report to work as scheduled due to an emergency situation will not be paid except upon the conditions set forth in sub-paragraph iv. below. iii. An employee dismissed from work early due to an emergency situation will be paid for hours actually worked prior to dismissal. Time lost due to early dismissal will not be paid except upon the conditions set forth in sub-paragraph iv. below. iv. Employees shall have the following options relative to time lost as a result of an emergency situation: a. Use of accrued vacation time(if available), or b. Make up the lost work hours during the same payroll period provided arrangements therefore are approved in advance by the employee's Department Head.: or act in relation thereto. PASSED UNANIMOUS. ARTICLE 12. MOVED,SECONDED AND PASSED TO DISPENSE WITH THE READING OF THE ARTICLE. MOVED AND SECONDED To see if the Town will vote to acquire for conservation and passive recreation, at no net cost to the Town,by negotiated purchase or otherwise, a certain property located on Scotland Road, known as the Herrick Land, consisting of 8 +/- acres in Newbury,more or less, shown as R44-0-02, R44-0-03, and R44-0-05 on the Newbury Assessors Maps and 14 acres in Newburyport, more or less, shown as 89-3 on the Newburyport Assessors Maps. Said land is to be conveyed jointly to the Town of Newbury and the City of Newburyport under the provisions of Massachusetts General Laws, Chapter 40, Section 8C, as it may hereafter be amended and other Massachusetts statutes relating to Conservation, to be managed and controlled by the Conservation Commission of the Town of Newbury and the Conservation Commission of the City of Newburyport. The Newbury Conservation Commission shall also be authorized to file on behalf of the Town of Newbury any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts or the United States under the Self-Help Act(Chapter 132A, Section 11) and/or any other state or federal programs including those in aid of conservation land acquisition and to receive and accept such grants and reimbursements, including grants from private parties, for this purpose and/or any others in any way connected with the scope of this Article; and the Conservation Commission in conjunction with the Board of Selectmen shall be authorized to transfer the amount of any financial contributions received by the Town of Newbury designated for the purchase of the Herrick Land to the City of Newburyport of the Trust for Public Land; and the Conservation Commission in conjunction with the Board of Selectmen shall be authorized to enter into all agreements, including intermunicipal agreements with the City of Newburyport,with town meeting approval, and execute any and all instruments as may be necessary on behalf of the Town of Newbury to affect said purchase.; or act in relation thereto. Summary: This article authorizes the Town acting through the Board of Selectmen to 1 jointly with the City of Newburyport to acquire the fee interest in approximately 22 +/- acres of land located on Scotland Road,with in the area known as the"Common Pasture", to be held by the Conservation Commission for conservation purposes. PASSED BY MAJORITY. MOTION TO ADJOURN AT 9:10 P.M.MOVED,SECONDED AND PASSED UNANIMOUS. THERE WERE 176 VOTERS CHECKED IN. RESPECTFULLY SUBMITTED; A,, -/e. � DONNA R. STEFANILE TOWN CLERK yea TOWN OF NEWBURY ANNUAL ELECTION MAY 9,2006 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 OUR RESPECTIVE VOTING DISTRICTS ON MAY 9,2006 TO VOTE ON THE FOLLOWING POSITIONS: SELECTMAN 3 YEARS,ASSESSOR 3 YEARS, BOARD OF HEALTH 3 YEARS, CONSTABLE 4 YEARS, FISH COMMISSIONER 3 YEARS, LIBRARY TRUSTEE 3 YEARS, PLANNING BOARD 5 YEARS, TOWN CLERK 3 YEARS, TREE WARDEN 1 YEAR, TRUSTEE FIRST SETTLERS BURIAL GROUND 3 YEARS, 2 YEARS AND 1 YEAR, TRITON REGIONAL SCHOOL COMMITTEE NEWBURY 3 YEARS, ROWLEY 3 YEARS, SALISBURY 3 YEARS AND TO VOTE ON THE FOLLOWING QUESTIONS: 1. "Shall the Town of Newbury be allowed to assess an additional$1,035,000 in rest estate and personal property taxes for the purpose of funding the assessment for the Triton Regional School District for the fiscal year beginning July fast,two thousand and six?" 2. "Shall the Town of Newbury be allowed to assess an additional $246,000 in real estate and personal property taxes for the purpose of funding the Town's general operating budget for the fiscal year beginning July first,two thousand and six?" 3. "Shall the town of Newbury be allowed to exempt from the provisions of Proposition 2 '/2 so- called the amount of$115,000 to pay for a bond to be issued for the purchase of a 6-wheel truck with plow for the Public Works Department?" 4. "Shall the Town of Newbury be allowed to exempt from the provisions of Proposition 2 '/: so- , called the amount of$160,000 to pay for a bond to be issued for the purchase of new Airpak equipment for the Fire Departments?" 5. "Shall the Town of Newbury be allowed to exempt from the provisions of Proposition 2 Y:so- called the amount of$60,000 to pay for a bond to be issued for the purchase of computer upgrades and accounting software for the various Town Hall Departments?" 6. "Shall the Town of Newbury be allowed to exempt from the provisions of Proposition 2 '/2 so- called the amount of$31,000 to pay for a bond to be issued for the purchase of a new cruiser and copier for the Police Department?" THE POLLS WILL BE OPEN AT 7:00 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 ELECTION, 2Q1. HEREOF, AND FAIL NOT, TO 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 APRIL 2006. SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATTEST: DONNA STEFANILE,TOWN CLERK PUBS ANT 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: I/-- `��; Constable: rvrt �c.�i�✓YI 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: —0,, Constable; � ��''► 202 ANNUAL TOWN ELECTION MAY 9,2006 RESULTS PCT. 1 PCT.2 TOTAL SELECTMAN FOR THREE YEARS * CHARLES D.BEAR 508 588 1096 JENNIFER F.WRIGHT 599 614 1213 ASSESSOR FOR THREE YEARS * FRANK N."BUDD"KELLEY lII 812 919 1731 10 BOARD OF HEALTH FOR THREE YEARS * ELAINE F.BYRNE 773 882 1655 CONSTABLE FOR FOUR YEARS * RICHARD N.CUNNINGHAM 902 988 1890 FISH COMMISSIONER FOR THREE YEARS * JOHN K.THISTLEWOOD JR. 835 926 1761 LIBRARY TRUSTEE TWO FOR THREE YEARS * RICHARD M.RAVIN 783 870 1653 MARY LEARY (WRITE IN) 11 17 28 PLANNING BOARD FOR FIVE YEARS * GEOFFREY H.WALKER 836 884 1720 TOWN CLERK FOR THREE YEARS * DONNA R. STEFANILE 911 972 1883 TREE WARDEN FOR ONE YEAR * PETER W.HOLLIS 801 714 1515 SEAN W.PEARSON 186 383 569 TRUSTEE FIRST SETTLERS BURIAL GROUND RICHARD N.CUNNINGHAM 864 845 1709 BARBARA E.ROGERS 519 571 1090 CHERYL McCARTHY 485 531 1016 TRITON REGIONAL SCHOOL COMMITTEE FOR THREE YEARS NEWBURY SUZANNE W.DENSMORE 786 908 1694 RO WLEY MARY-CLARE CONDON-DALZELL 161 168 329 MARY T.MURPHY 364 537 901 SALISBURY SUSAN C.FISH 502 675 1177 QUESTION 1. Shall the Town of Newbury be allowed to assess an additional$1,035,000 in real estate and personal property taxes for the purpose of funding the assessment for the Triton Regional School District for the fiscal year' beginning July first,two thousand and six? YES 406 617 1023 NO 748 602 1350 QUESTION 2. Shall the Town of Newbury be allowed to assess an additional$246,000 in real estate and personal property taxes for the purpose of funding the Town's general operating budget for the fiscal year beginning July first,two thousand and six? YES 525 596 1121 NO 620 604 1224 QUESTION 3. Shall the Town of Newbury be allowed to exempt from the provisions of Proposition 2-1/2 so-called, the amount of$115,000 to pay for a bond to be issued for the purchase of a 6 wheel truck with plow for the Public Works Department? YES 521 582 1103 NO 646 636 1282 QUESTION 4. Shall the Town of Newbury be allowed to exempt from the provisions of Proposition 2-1/2 so-called, the amount of$160,000 to pay for a bond to be issued for the purchase of new Airpak equipment for the Fire Departments? YES 699 805 1504 NO 469 418 887 QUESTION 5. Shall the Town of Newbury be allowed to exempt from the provisions of Proposition 2-1/2 so-called, the amount of$60,000 to pay for a bond to be issued for the purchase of computer upgrades and accounting software for the various Town Hall Departments? YES 565 605 1170 NO 592 610 1202 QUESTION 6. Shall the Town of Newbury be allowed to exempt from the provisions of Proposition 2-1/2 so-called, the amount of$31,000 to pay for a bond to be issued for the purchase of a new cruiser and copier for the Police Department? YES 532 637 1169 NO 631 592 1223 TOTAL VOTERS 1197 1266 2463 *incumbent 50%turnout 4840 registered voters TOWN OF NEWBURY ANNUAL TOWN MEETING MAY 23,2006 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 23rd DAY OF MAY 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 AND TAKE FROM FREE CASH AND OTHER AVAILABLE FUNDS$7,469,782 FOR THE OPERATION OF THE TOWN IN FISCAL 2007. FINANCE COMMITTEE RECOMMENDS FY 06 FY 07 CHANGE MODERATOR'S SALARY 100 100 0 SELECTMEN'S SALARIES 15,000 7,500 <7,500> SELECTMEN'S EXPENSE 5,000 5,000 0 SELECTMEN'S SECRETARY 37,059 39,971 2,912 TOWN HALL ADM SERVICE 13,760 15,000 1,240 RESERVE FUND 175,000 213,027 38,027 FINCOM EXPENSES 250 250 0 ACCOUNTANT'S SALARY 42,027 43,530 1,503 ACCOUNTANT'S EXPENSE 0 25,000 25,000 FINANCE DIRECTOR SALARY 0 70,000 70,000 , FINANCE DEPARTMENT EXPENSE 25,000 36,175 11,175 ASSESSOR'S SALARY 10,086 9,889 <197> ASSESSOR'S WAGES 30,838 39,140 8,302 ASSESSOR'S EXPENSE 54,900 59,462 4,562 AUDIT TOWN BOOKS 35,000 35,000 0 TREASURER'S SALARY 25,126 <25,126> COLLECTOR'S SALARY 25,126 25,880 754 TREASURER-COLLECTOR WAGES 29,416 30,051 635 TREASURER-COLLECTOR EXPENSE 22,147 0 <22,147> LEGAL EXPENSE 75,000 75,000 0 PERSONNEL BOARD 2,825 3,500 675 TOWN CLERK'S SALARY 40,429 41,642 1,213 TOWN CLERK'S WAGES 32,042 32,996 954 TOWN CLERK STIPEND 1,000 1,000 0 TOWN CLERK'S EXPENSE 7,600 7,600 0 TOWN CODE BOOKS 5,000 4,000 <1,000> U5 ELECTION EXPENSE 7,600 9,600 2,000 REGISTRARS VOTERS SALARIES 750 750 0 REGISTRARS VOTERS EXPENSE 5,000 5,000 0 CONSERVATION COMM. WAGES 6,598 8,495 1,897 CONSERVATION COMM. AGENT SALARY 38,098 32,445 <5,653> CONSERVATION COMM. EXPENSE 3,550 3,800 250 TREE WARDEN SALARY 3,000 3,000 0 TREE WARDEN EXPENSE 15,000 14,000 <1,000> CLAM FLATS EXPENSE/WAGES 5,034 5,185 151 PLANNING BOARD WAGES 50,000 51,500 1,500 PLANNING BOARD EXPENSE 2,500 3,500 1,000 MASTER PLAN 3,000 0 <3,000> MERRIMACK VALLEY PLANNING COMM. 2,108 2,139 31 ZONING BOARD OF APPEALS 1,150 1,150 0 TOWN HALLS MAINT. EXPENSEIWAGES 69,920 68,420 <1,500> PUBLIC BUILDING MAINTENANCE 41,078 47,432 6,354 TOWN REPORTS 3,000 3,000 0 INSURANCE EXPENSE 127,000 130,000 3,000 POLICE DEPARTMENT WAGES 881,611 1,003,744 122,133 EMERGENCY MGT DIRECTOR SALARY 5,000 5,000 0 POLICE EXPENSE 86,607 103,600 16,993 FIRE PROTECTION-WAGES-P#1 87,776 91,500 3,724 FRIE PROTECTION-WAGES-P#2 82,300 86,965 4,665 CALL FIRE P# 1 66,609 68,600 1,991 CALL FIRE P#2 66,609 68,607 1,998 FIRE PROTECTION-FLAT RATE-P#1 75,000 74,750 <250> FIRE PROTECTION-FLAT RATE-P#2 75,000 74,750 <250> FIRE PROTECTION EXPENSE 0 0 0 FOREST FIRES-P# 1 2,500 2,500 0 FOREST FIRES-P#2 2,500 2,500 0 FIRE ALARM MAINT. EXPENSE 5,500 6,000 500 HYDRANT SERVICE 11,475 11,475 0 AMBULANCE SERVICE 15,000 15,000 0 BUILDING INSPECTOR SALARY 41,061 55,000 13,939 ASST. BUILDING INSPECTOR 8,487 8,742 255 BUILDING INSPECTOR WAGES 4,532 5,000 468 BUILDING INSPECTOR EXPENSE 3,100 6,000 2,900 GAS INSPECTOR'S EXPENSE 7,500 7,500 0 PLUMBING INSPECTOR'S EXPENSE 10,000 10,000 0 SEALER OF WEIGHTS & MEASURES 2,500 2,500 0 WIRE INSPECTOR'S EXPENSE 23,500 23,500 0 CIVIL DEFENSE 1,500 1,500 0 ACO SALARY 17,108 17,108 0 PARKING CLERK'S SALARY 2,400 2,400 0 PARKING CLERK'S EXPENSE 600 600 0 VOCATIONAL TRANSPORT 6,700 0 <6,700> TRITON REGIONAL CAPITAL IMPROV. 220,086 201,920 <18,166> HIGHWAY LABOR 330,217 384,026 53,809 SNOW REMOVAL WAGES/EXPENSE 95,000 95,000 0 5 /23 /06 pg . 2 STREET LIGHTING 42,000 42,000 0 HIGHWAY MAINTENANCE 80,000 80,000 0 TRUCK MAINTENANCE 85,000 95,000 10,000 GARAGE MAINTENANCE 25,000 25,000 0 BOARD OF HEALTH EXPENSE 250,725 267,199 16,474 BOARD OF HEALTH WAGES 111,708 55,638 <56,070> PUBLIC HEALTH SERVICES EXPENSE 11,872 11,872 0 COUNCIL ON AGING WAGES 63,351 64,710 1,359 COUNCIL ON AGING EXPENSE 20,500 13,901 <6,599> CHAPTER 59 RE REDUCTION OVER 60 4,500 4,500 0 VETERANS SERVICES 18,000 18,000 0 , NEWBURY TOWN LIBRARY WAGES 202,751 188,675 <14,076> NEWBURY TOWN LIBRARY EXPENSES 82,247 77,089 <5,158> 375T"ANNIVERSARY COMM. 375 375 0 LIFEGUARD WAGES 15,000 47,750 32,750 LIFEGUARD EXPENSES 5,000 5,000 0 PARKS EXPENSE 40,750 40,000 <750> HISTORIC COMMISSION 650 650 0 MEMORIAL DAY 600 600 0 LONG TERM DEBT PRINCIPAL 1,409,125 1,309,000 (100,125) SHORT TERM DEBT INTEREST 35,000 35,000 0 LONG TERM DEBT INTEREST 946,659 900,000 <46,659> PROP/EXCISE INTEREST 500 500 0 HEALTH & DENTAL INSURANCE 435,051 481,601 46,550 EMPLOYEE LIFE INSURANCE 1,806 1,806 0 FICA MEDICARE 60,700 58,000 <2,700> ARTICLE 2 TOTALS 7,280,765 7,469,782 189,017 li ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $7,136,028 AND,CONTINGENT UPON THE PASSAGE OF A PROPOSITION 2 Y.(G.L.CHAPTER 59, SECTION 21C)OVERRIDE QUESTION TO BE VOTED ON AT A SUBSEQUENT ELECTION,AN ADDITIONAL SUM OF UP TO$833,999 FOR THE PURPOSE OF FUNDING THE ASSESSMENT TO THE TOWN BY THE TRITON REGIONAL SCHOOL DISTRICT FOR FY2007. , FINANCE COMMITTEE RECOMMENDS ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $136,918 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY07 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$306,000 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 2007. FINANCE COMMITTEE RECOMMENDS ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $3,355 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 2006. FINANCE COMMITTEE RECOMMENDS 5 /23/06 pg . 3 2.0 7 ARTICLE 7. 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 8. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF$165,615 FROM CHAPTER 90 AVAILABLE FUNDS. FINANCE COMMITTEE RECOMMENDS ARTICLE 9. 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$5,000 DURING THE NEXT FISCAL YEAR FOR ANIMAL CONTROL EXPENSES. FINANCE COMMITTEE RECOMMENDS ARTICLE 10. 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 $47,500 DURING THE NEXT FISCAL YEAR FINANCE COMMITTEE RECOMMENDS ARTICLE 11. To see if the Town will vote to raise and appropriate the sum of $86,000 to pay off the balance of the Triton Regional School District 's assessment to the Town for FY 2005; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS ARTICLE 12. To see if the Town will vote to amend Article 1 adopted at the Special Town Meeting of August 7,2000 so that it now reads- That the Town hereby authorizes the Treasurer,with the approval of the Selectmen to appropriate the sum of$14,065,000.00 for the purpose of paying the Town's portion of the costs of a joint sewer and water project with the City of Newburyport, $8,695,000.00 of which shall be used to pay costs of the extension of sewer mains to the Plum Island Service Area and$5,370,000.00 of which shall be used to pay costs of the extension of water mains to the Plum Island Service Area, in each case including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws;that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow$14,065,000.00 and issue bonds or notes therefor under Chapter 44 and/or Chapter 29C of the General Laws;that such bonds or notes shall be general obligations of the Town of Newbury and that such bonds or notes as well as other related obligations shall be paid for by betterments assessed against the users within the Plum Island Service Area, and not against the Town as a whole, and may be secured by local system revenues as defined in Section I of Chapter 20C of the General Laws; that the Treasurer with the approval of the Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water 5/23/06 pg .4 208 Pollution Abatement Trust established pursuant to said Chapter 29C and in connection therewith to enter into a loan agreement and/or a security agreement with the Trust and the Department of Environmental Protection with respect to such loan and for any Federal or State aid available for the Project or for the financing thereof; and that the Treasurer and the Selectmen are authorized to enter into a project regulatory agreement with the Department of Environmental Protection; to expend all funds available for the Project and to take any other action necessary to carry out the Project; or act in relation thereto. ARTICLE 13. To see if the Town will vote to amend the method of assessing betterments on those persons benefiting from the installation of water and sewer service to , Plum Island as adopted under Article 8 of the warrant for the Special Town Meeting held October 25,2005 by adding thereto the following— Legal residential second dwelling units consisting of one bedroom or less shall be assessed as one-half(1/2)of a unit for all betterment assessment purposes; or act in relation thereto. ARTICLE 14. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation to increase the membership of the Board of Selectmen from its present three members elected for staggered three year terms to five members elected for staggered three year terms beginning with the Annual Town Election in 2007, at which election three members shall be elected to join the then two incumbents on the Board. At the 2007 Annual Town Election the candidate receiving the highest vote would have a three year term,the next highest a two year term and the third a one year term; or act in relation thereto. ARTICLE 15. To see if the Town will vote to adopt the reorganization and renumbering of its Zoning By-laws set forth in a handout and included herein by reference, said reorganization being for the sole purpose of improving the usability of the Zoning By- laws. The reorganization will not result in any substantive changes to the provisions of the previously adopted Zoning By-laws and is summarized as follows: 1. The three overlay zoning districts,Flood, Water Supply Protection and Plum Island ' will be grouped together as Sections 97-3.13, 97-3.E,and 97-3.17. 2. A use regulation table detailing permitted uses in all zoning districts will be included in Section 97-3.B. 3. All Special Permit provisions will be grouped together in one section by zone(97-4). 4. The Sexually Oriented Business District has been re-named Industrial District A. It retains the present boundaries and description of location(97-2.A and 97-2.C). The Special Permit required to conduct permitted business in this zone will now be found under"Special Permits: Adult Business"(974.J). The"performance standards" section is re-named"conditions and standards"(97-4.J.(1)(c)). 5. A table of lot dimension requirements pertaining to each zone will be included in Section 97-5.B. 6. A table of parking space requirements by zone has been created in Section 97-6.B; and 7. All definitions of terms have been arranged alphabetically in one section(97-10.F); 5/23/06 pg . 5 2 �9 or act in relation thereto. ARTICLE 16. To see if the Town will vote to amend the Zoning By-laws and Zoning Map pertaining to Article II, Section 97.4.E.(I)by changing that portion of the boundaries of the Commercial Highway District so that it is delineated as follows: (1) Beginning at a point on the center line of Hanover Street 1,000 feet easterly from the center line of U.S. Route#1,thence by a line parallel to said center line of U.S #1 and 1,000 feet east of it to a point 500 feet south of the center line of Boston Road thence westerly to a point 500 feet west of the center line of U.S. #1 and 500 feet south of the center line of Boston Road; thence northerly by a line parallel to the center line of U.S. #1 and 500 feet west of said line to a point on the center line of Middle Road 500 feet west of the center line of U.S. #1,thence by the center lines of Middle Road and Hanover Street to a point of beginning; or act in relation thereto. ARTICLE 17. To see if the Town will vote to amend the Zoning By-laws pertaining to Article XI, Section 97-46 by adding the following allowed uses within the Water Supply Protection District: (9) Religious or non-profit Educational Uses. (10) Non-profit Community and/or Neighborhood Centers. (11) Small scale retail stores established for the benefit and convenience of the local general public provided such use is a permitted use in the underlying zoning district. (12) Restaurants without"drive-thru"facilities or taverns provided if such use is a permitted use in the underlying zoning district. (13) Business,professional or general offices provided such use is a permitted use in the underlying zoning district; or act in relation thereto. ARTICLE 18. To see if the Town will vote to amend the Zoning By-laws by adding thereto the following: ARTICLE XV Special Regulations § 97-58 SITE PLAN REVIEW A. Purpose The purpose of this Section is to protect the health, safety, convenience and general welfare of the public by providing for a comprehensive review procedure of any use or structure that 5/23/06 pg . 6 210 may have an impact on traffic, services and utilities, environmental quality, water resources, drainage or community character. Any use or structure, or expansion thereof;referred to in G.L. c. 40A, § 3, (exemption from zoning)is not exempt from the provisions of this section, provided any of the criteria contained in§ 97-58.B. applies. B. Applicability These provisions shall apply to any non-residential or non-agricultural construction project that involves the construction of a new building or that will result in any significant change to the outside appearance of a building or to a change of use of an existing building or , buildings or premises that includes one or more of the following: (1) Construction of 2,000 or more square feet of gross floor area. (2) An increase in gross floor area of at least 2,000 square feet (3) Grading or re-grading of land to planned elevations and/or removal or disturbance of the existing vegetative cover except for agricultural activities, over an area of 5,000 square feet or more. (4) Construction,enlargement or alteration of a parking area containing 10 or more parking spaces. (5) The development of 10,000 square feet or more of impervious surface area or more than 15%of the lot area. (6) The construction of a drive-in retail establishment serving food or dispensing merchandise from inside a building to persons seated in their automobiles on the premises. C. Procedure (1) An applicant for site plan review shall file with the Planning Board an application and such submission materials as required by the Site Plan Review Submission Requirements and Procedures adopted by the Planning Board and filed with the Town Clerk. (2) The Planning Board shall,within five days of receipt of a site plan review application,transmit copies of the application and the site plan to the Building Inspector, Conservation Commission,Board of Health, and Director of Public Works for comments and recommendations. (3) The Planning Board shall hold a public hearing within 65 days of the filing of any application for a project and shall file a decision within 90 days of the close of the hearing. Where the Planning Board is the Special Permit Granting Authority for the proposed work,the Public Hearing for the Special Permit shall take place in conjunction with the Public Hearing for the Site Plan Review.Notice 5 /23 /06 pg . 7 211 of the time, place, and subject matter of the public hearing shall be given by the Planning Board, at the expense of the applicant,to the applicant and to all owners of land abutting the land being the subject of such application as appearing on the most recent tax list on file at the Assessors Office. In addition,the Planning Board shall also give notice of the time,place, and subject matter of the public hearing, at the expense of the applicant, by advertisement in a newspaper of general circulation in the Town, once in each of two successive weeks,the first publication being not less than 14 days before the day of such hearing. The time within which the Planning Board must act on an application may be extended upon mutual agreement in writing upon request of the Applicant and set forth mutually in a written agreement between the Planning Board and the applicant. Failure to act within the time limitations established in this article shall be deemed constructive approval of the application. (4) Final action,which shall be a"Decision of Site Plan Review" that is filed with the Office of the Town Clerk and the Building Inspector, shall consist of either: (a) A written approval of the application, including a fording and determination that the proposed project will constitute a suitable development based on conformance with the criteria and conditions of approval contained in §97- 58.D. and §97-58.F. respectively. (b) A written denial of the application based on a determination that insufficient information was submitted for the proposal or the proposal did not meet the criteria as stated in Section§97-58.D. (5) A vote of a simple majority of the full membership of the Board shall be sufficient to adopt a Decision of Site Plan Review. (6) Any person aggrieved by a Decision of Site Plan Review by the Planning Board may appeal such Decision to the Zoning Board of Appeals within 30 days of the date of the Decision. D. Decision Criteria The Planning Board shall approve an application for site plan review if it finds that: (1) The surrounding area will be protected from the proposed use on the site by provision of adequate surface water drainage,buffers against light, sight, sound, vibration, odors, dust and other air pollution and the preservation of adequate light and air; (2) The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas and public ways is provided for; 5/23/06 pg .8 (3) Environmental features of the site and surrounding areas are protected; (4) The site plan is consistent with the Master Plan; (5) The proposed building scale and/or site development plan is consistent with the surrounding neighborhood; (6) All signs are in accordance with the sign regulations for the pertinent district; , (7) All variances or special permits required from the Board of Appeals have been granted. (8) Notwithstanding the above,regulation of uses and structures referred to in G.L. c. 40A, § 3 (exemptions from zoning) shall be limited to the extent allowed under said section of the General Laws. E. Conditions of Approval Site plan approval may be made subject to conditions, modifications and restrictions as the Planning Board may deem necessary. Any construction,reconstruction, alteration or addition shall be carried on only in conformity with such conditions,modifications or restrictions and in conformity with the application and site plan. Any order of conditions from the Conservation Commission which imposes conditions inconsistent with site plan approval, shall require a revision of the site plan. A request for such revision must be submitted to the Planning Board. For any construction project or a change in use that requires site plan review,no building permit may be issued unless and until the applicant has complied with the provisions relating to site plan review under this article and the conditions,modifications, and restrictions contained within the Decision of Site Plan Review are referenced to and incorporated in, and made an express condition of, such building permit. Site plan approval by the Planning Board shall not be construed as approval , from any other Board,official or department. At the discretion of the Building Inspector, with the concurrence of the Planning Board,recording of a certification of the Town Clerk and the Decision of Site Plan Review at the Registry of Deeds may be included as an additional condition precedent to the issuance of any building permit((see G.L. c. 40A, §11, ¶. 4)Notice requirements for Public Hearings etc.). F. Performance Guarantee As a condition of site plan approval,the Planning Board may require by a simple majority of the full board that a performance bond or a deposit of money or negotiable securities,be posted with the Town to guarantee completion of improvements to be made in compliance with the plans submitted and approved hereunder. The Board may also require by a simple majority of the full board that an amount be included for land restoration not having to do with the construction of improvements. The amount of security shall include a 15% contingency and shall be determined based on an estimate from the applicant's engineer 5 /23 /06 pg . 9 21 � which may be confirmed or increased by the Board. The Town may use the secured funds for their stated purpose in the event that the applicant does not complete all improvements in a manner satisfactory to the Board within two years from the date of approval,or the final date of the last extension of such approval, if any. G. Duration of approval Site plan approval for a project shall become void two years from the date of issue,which two years shall not include time required to pursue or await determination of an appeal referred to in G.L. c. 40A, §§ 8 and 17, (Appeals to permit granting authority)unless any construction work contemplated thereby shall have commenced and proceeded in good faith continuously to completion, except for good cause. In such case a request for extension of the date of completion must be submitted to the Planning Board. H. Fees Site plan review fees shall be governed and set by the Planning Board and shall be assessed to the owner and/or the applicant. Such fees may include a deposit for review by a consultant selected by the Town. The amount of fees shall be as listed in the Site Plan Review Submission Requirements and Procedures and administrated in accordance with § 117-46 thru § 117-48 of the Town's Regulations for the Subdivision of Land. I. Severability If any provision of this by-law is held invalid by either the Attorney General under G.L. c. 40, § 32, or a court of competent jurisdiction,the remainder of the by-law shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this by-law shall not affect the validity of the remainder of the Town's Zoning By-laws; or act in relation thereto. ARTICLE 19. To see if the Town will vote to endorse the adoption by the Planning Board of a Master Plan dated May 1, 2006, said Plan providing guidance for decision making regarding the long-term development of the Town; or act in relation thereto. ARTICLE 20. To see is the Town will vote to acquire for passive recreation, at no net cost to the Town, by negotiated purchase or otherwise, a certain parcel of land located on Parker Street,known as the Guildford Land, consisting of 105,500 square feet in Newbury,more or less, and being part of parcels U07-25 and R47-41 on the Newbury Assessors' Maps. Said land is to be conveyed to the Town and the City of Newburyport as joint owners by the City of Newburyport under the provisions of General Laws Chapter 40, section 8C, as it may hereafter be amended and other statutes relating to Conservation. Said land is to be managed by the City of Newburyport. The Board of Selectmen is hereby authorized to enter into all agreements, including inter-municipal agreements with the City 5/23/06 pg . 10 of Newburyport, and to execute any and all instruments as may be necessary to affect said purchase; or act in relation thereto. ARTICLE 21. To see if the Town will vote to authorize the Board of Health in accordance with G.L. C.40, section 4A to enter into an inter-municipal agreement with one or more other governmental units to provide public health services which the Board of Health is statutorily authorized to perform in accordance with an Inter Municipal Mutual Aid Agreement to be entered into between the Town and said various other governmental units;or act in relation thereto. ' ARTICLE 22. To see if the Town will vote to amend Chapter 24 of the By-laws (Personnel Policy)by adding to Article II, Section 24-21 (Eligible members)the following: "INSURANCE ELIGIBILITY"—Newly hired employees working no less than twenty(20) hours weekly on a regular basis shall be eligible to elect offered employee insurance coverage(s) after thirty (30) days of commencing employment with the Town or during an open enrollment benefit's offering from the Town or at the time of any verified loss of insurance coverage from another employer; or act in relation thereto. ARTICLE 23. To see if the Town will authorize the Treasurer,with the approval of the Selectmen, to borrow the sum of$160,000 for the purchase of new Airpak equipment for the Fire Departments as authorized by the debt exclusion vote at the Annual Town Election of May 9, 2006; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS ARTICLE 24. To see if the Town will vote to assume liability in the manner provided by Section 29, 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 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 25. 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. 5 /23/06 pg . 11 215 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 13"B DAY OF MAY,2006. SELECT N,TOWN OF NEWBURY A TRUE COPY ATTEST: Q� PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED,114EREgY NOTIFY AND WARN THE INHABITANTS OF THE TOWN OF NEWBURY,QUALIFIED T V E IN TOWN AFFAIRS,TO MEET AT THE TIME AND PLACE ME TIONED FO THE SE HEREIN NAMED. DATE: S-/G"' G CONSTABL 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 TZPSE HEREIN NAME DATE: G ` G CONSTABLE: 5/23/06 pg . 12 216 TOWN OF NEWBURY RESULTS DELAYED ANNUAL TOWN MEETING MAY 23,2006 MODERATOR JOHN P. SALTER JR CALLED THE MEETING TO ORDER AT 7:03 P.M.WITH A QUORUM PRESENT. AFTER THE PLEDGE OF ALLEGIANCE THE CALL WAS READ BY THE MODERATOR AND THE RETURN WAS READ BY CONSTABLE JAMES CUNNINGHAM. THE MODERATOR ACKNOWLEDGED STANLEY PRICE,DOROTHY CUNNINGHAM AND FREDERICK SCOTT WHO HAD PASSED AWAY SINCE OUR LAST MEETING FOR THEIR MANY YEARS OF SERVICE TO THE TOWN. COUNTERS APPOINTED FOR TILE EVENING WERE JAMES D.CASHMAN,DALE WILLIAMS AND DOUGLASPACKER. ARTICLE 1. MOVED AND SECONDED TO ACT ON THE REPORTS OF THE SELECTMEN, TREASURER,COLLECTOR,AUDITOR,SCHOOL COMMITTEE,SPECIAL COMMITTEES AND ALL OTHER TOWN OFFICERS. ARTICLE PASSED UNANIMOUS ARTICLE 2. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND TAKE FROM FREE CASH AND OTHER AVAILABLE FUNDS$7,469,782 FOR THE OPERATION OF THE TOWN IN FISCAL 2007. FINANCE COMMITTEE RECOMMENDS FY 06 FY 07 CHANGE MODERATOR'S SALARY 100 100 0 SELECTMEN'S SALARIES 15,000 7,500 <7,500> SELECTMEN'S EXPENSE 5,000 5,000 0 SELECTMEN'S SECRETARY 37,059 39,971 2,912 TOWN HALL ADM SERVICE 13,760 15,000 1,240 RESERVE FUND 175,000 213,027 38,027 FINCOM EXPENSES 250 250 0 ACCOUNTANT'S SALARY 42,027 43,530 1,503 ACCOUNTANT'S EXPENSE 0 25,000 25,000 FINANCE DIRECTOR SALARY 0 70,000 70,000 FINANCE DEPARTMENT EXPENSE 25,000 36,175 11,175 , ASSESSOR'S SALARY 10,086 9,889 <197> ASSESSOR'S WAGES 30,838 39,140 8,302 ASSESSOR'S EXPENSE 54,900 59,462 4,562 AUDIT TOWN BOOKS 35,000 35,000 0 TREASURER'S SALARY 25,126 0 <25,126> COLLECTOWS SALARY 25,126 25,880 754 TREASURER-COLLECTOR WAGES 29,416 30,051 635 TREASURER-COLLECTOR EXPENSE 22,147 0 <22,147> LEGAL EXPENSE 75,000 75,000 0 PERSONNEL BOARD 2,825 3,500 675 TOWN CLERK'S SALARY 40,429 41,642 1,213 TOWN CLERK'S WAGES 32,042 32,996 954 TOWN CLERK STIPEND 1,000 1,000 0 TOWN CLERK'S EXPENSE 7,600 7,600 0 TOWN CODE BOOKS 5,000 4,000 <I,000> ELECTION EXPENSE 7,600 9,600 2,000 REGISTRARS VOTERS SALARIES 750 750 0 REGISTRARS VOTERS EXPENSE 5,000 5,000 0 CONSERVATION COMM.WAGES 6,598 8,495 1,897 CONSERVATION COMM.AGENT SALARY 38,098 32,445 <5,653> CONSERVATION COMM.EXPENSE 3,550 3,800 250 TREE WARDEN SALARY 3,000 3,000 0 TREE WARDEN EXPENSE 15,000 14,000 <I,000> CLAM FLATS EXPENSE/WAGES 5,034 5,185 151 PLANNING BOARD WAGES 50,000 51,500 1,500 PLANNING BOARD EXPENSE 2,500 3,500 1,000 , MASTER PLAN 3,000 0 <3,000> MERRIMACK VALLEY PLANNING COMM. 2,108 2,139 31 ZONING BOARD OF APPEALS 1,150 1,150 0 TOWN HALLS MAIM'.EXPENSE/WAGES 69,920 68,420 <1,500> PUBLIC BUILDING MAINTENANCE 41,078 47,432 6,354 TOWN REPORTS 3,000 3,000 0 INSURANCE EXPENSE 127,000 130,000 3,000 POLICE DEPARTMENT WAGES 881,611 1,003,744 122,133 EMERGENCY MGT DIRECTOR SALARY 5,000 5,000 0 POLICE EXPENSE 86,607 103,600 16,993 FIRE PROTECTION-WAGES-P#1 87,776 91,500 3,724 FRIE PROTECTION-WAGES-P#2 82,300 86,965 4,665 217 CALL FIRE P# 1 66,609 68,600 1,991 CALL FIRE P#2 66,609 68,607 1,998 FIRE PROTECTION-FLAT RATE-P#1 75,000 74,750 <250> FIRE PROTECTION-FLAT RATE-P#2 75,000 74,750 <250> FIRE PROTECTION EXPENSE 0 0 0 FOREST FIRES-P# 1 2,500 2,500 0 FOREST FIRES-P#2 2,500 2,500 0 FIRE ALARM MAINT,EXPENSE 5,500 6,000 500 HYDRANT SERVICE 11,475 11,475 0 AMBULANCE SERVICE 15,000 15,000 0 BUILDING INSPECTOR SALARY 41,061 55,000 13,939 ASST.BUILDING INSPECTOR 8,487 8,742 255 BUILDING INSPECTOR WAGES 4,532 5,000 468 BUILDING INSPECTOR EXPENSE 3,100 6,000 2,900 GAS INSPECTOR'S EXPENSE 7,500 7,500 0 PLUMBING INSPECTOR'S EXPENSE 10,000 10,000 0 SEALER OF WEIGHTS&MEASURES 2,500 2,500 0 WIRE INSPECTOR'S EXPENSE 23,500 23,500 0 CIVIL DEFENSE 1,500 1,500 0 ACO SALARY 17,108 17,108 0 PARKING CLERK'S SALARY 2,400 2,400 0 PARKING CLERK'S EXPENSE 600 600 0 VOCATIONAL TRANSPORT 6,700 0 <6,700> TRITON REGIONAL CAPITAL INIPROV. 220,086 201,920 <18,166> HIGHWAY LABOR 330,217 384,026 53,809 SNOW REMOVAL WAGES/EXPENSE 95,000 95,000 0 STREET LIGHTING 42,000 42,000 0 HIGHWAY MAINTENANCE 80,000 80,000 0 TRUCK MAINTENANCE 85,000 95,000 10,000 GARAGE MAINTENANCE 25,000 25,000 0 BOARD OF HEALTH EXPENSE 250,725 267,199 16,474 BOARD OF HEALTH WAGES 111,708 55,638 <56,070> 'PUBLIC HEALTH SERVICES EXPENSE 11,872 11,872 0 COUNCIL ON AGING WAGES 63,351 64,710 1,359 COUNCIL ON AGING EXPENSE 20,500 13,901 <6,599> CHAPTER 59 RE REDUCTION OVER 60 4,500 4,500 0 VETERANS SERVICES 18,000 18,000 0 NEWBURY TOWN LIBRARY WAGES 202,751 188,675 <14,076> NEWBURY TOWN LIBRARY EXPENSES 82,247 77,089 <5,158> 375TH ANNIVERSARY COMM. 375 375 0 LIFEGUARD WAGES 15,000 47,750 32,750 LIFEGUARD EXPENSES 5,000 5,000 0 PARKS EXPENSE 40,750 40,000 <750> HISTORIC COMMISSION 650 650 0 MEMORIAL DAY 600 600 0 LONG TERM DEBT PRINCIPAL 1,409,125 1,309,000 (100,125) SHORT TERM DEBT INTEREST 35,000 35,000 0 LONG TERM DEBT INTEREST 946,659 900,000 <46,659> PROP/EXCISE INTEREST - 500 500 0 HEALTH &DENTAL INSURANCE 435,051 481,601 46,550 EMPLOYEE LIFE INSURANCE 1,806 1,806 0 FICA MEDICARE 60,700 58,000 <2,700> ARTICLE 2 TOTALS 7,280,765 7,469,782 189,017 AFTER ALL ARTICLES THAT HAD BEEN PUT ON HOLD WERE EXPLAINED,THE VOTE WAS CALLED AND PASSED BY MAJORITY. ARTICLE 3. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$7,136,028 AND,CONTINGENT UPON THE PASSAGE OF A PROPOSITION 2 t/2(G.L.CHAPTER 59,SECTION 21C)OVERRIDE QUESTION TO BE VOTED ON AT A SUBSEQUENT ELECTION,AN ADDITIONAL SUM OF UP TO$833,998 FOR THE PURPOSE OF FUNDING THE ASSESSMENT TO THE TOWN BY THE TRITON REGIONAL SCHOOL DISTRICT FOR FY2007. AN AMENDMENT CHANGING THE AMOUNT TO READ$7,049,018 AND DELETING CONTINGENT UPON THE PASSAGE OF A PROPOSITION 2 '/Z(G.L.CHAPTER 59,SECTION 21C)OVERRIDE QUESTION TO BE VOTED ON AT A SUBSEQUENT ELECTION,AN ADDITIONAL SUM OF UP TO$833,998 WAS MOVED, SECONDED AND PASSED. THE ARTICLE WITH AMENDMENT WAS MOVED, SECONDED AND VOTED PASSED BY MAJORITY. 218 ARTICLE 4. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$136,918 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY07 ASSESSMENT TO NEWBURY. PASSED UNANIMOUS ARTICLE 5. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND/OR TAKE FROM FREE CASH THE SUM OF$306,000 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 2007. PASSED UNANIMOUS. ARTICLE 6. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$3,355 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 2006. PASSED UNANIMOUS ARTICLE 7. MOVED AND SECONDED 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. PASSED UNANIMOUS. ARTICLE 8. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF$165,615 FROM CHAPTER 90 AVAILABLE FUNDS. PASSED UNANIMOUS. ARTICLE 9. MOVED AND SECONDED 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,53EI/2 OF CHAPTER 44 MGL. THE ANIMAL CONTROL OFFICER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND$5,000 DURING THE NEXT FISCAL YEAR FOR ANIMAL CONTROL EXPENSES. PASSED UNANIMOUS. ARTICLE 10. MOVED AND SECONDED 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$47,500 DURING THE NEXT FISCAL YEAR. PASSED UNANIMOUS. , ARTICLE II. MOVED AND SECONDED To see if the Town will vote to raise and appropriate the sum of$86,000 to pay off the balance of the Triton Regional School District `s assessment to the Town for FY 2005; or act in relation thereto. PASSED UNANIMOUS. ARTICLE 12. MOVED AND SECONDED WITH A DATE CORRECTION OF AUGUST 8,2000 NOTED To see if the Town will vote to amend Article 1 adopted at the Special Town Meeting of August 7, 2000 so that it now reads- That the Town hereby authorizes the Treasurer,with the approval of the Selectmen to appropriate the sum of$14,065,000.00 for the purpose of paying the Town's portion of the costs of a joint sewer and water project with the City of Newburyport, $8,695,000.00 of which shall be used to pay costs of the extension of sewer mains to the Plum Island Service Area and $5,370,000.00 of which shall be used to pay costs of the extension of water mains to the Plum Island Service Area, in each case including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $14,065,000.00 and issue bonds or notes therefor under Chapter 44 and/or Chapter 29C of the General Laws; that such bonds or notes shall be general obligations of the Town of Newbury and that such bonds or notes as well as other related obligations shall be paid for by betterments assessed against the users within the Plum Island Service Area, and not against the Town as a whole, and may be secured by local system revenues as defined in Section 1 of Chapter 20C of the General Laws; that the Treasurer ' with the approval of the Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to said Chapter 29C and in connection therewith to enter into a loan agreement and/or a security agreement with the Trust and the Department of Environmental Protection with respect to such loan and for any Federal or State aid available for the Project or for the financing thereof; and that the Treasurer and the Selectmen are authorized to enter into a project regulatory agreement with the Department of Environmental Protection; to expend all funds available for the Project and to take any other action necessary to carry out the Project; or act in relation thereto. DECLARED BY MODERATOR 2/3RDS VOTE. - ARTICLE 13. MOVED AND SECONDED To see if the Town will vote to amend the method of assessing betterments on those persons benefiting from the installation of water and sewer service to Plum Island as adopted under Article 8 of the warrant for the Special Town Meeting held October 25, 2005 by adding thereto the following— Legal residential second dwelling units consisting of one bedroom or less shall be assessed as one-half(1/2) of a unit for all betterment assessment purposes; or act in relation thereto. PASSED MAJORITY. ARTICLE 14. MOVED AND SECONDED To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation to increase the membership of the Board of Selectmen from its present three members elected for staggered three year terms to five members elected for staggered three year terms beginning with the Annual Town Election in 2007, at which election three members shall be elected to join the then two incumbents on the Board. At the 2007 Annual Town Election the candidate receiving the highest vote would have a three year term, the next highest a two year term and the third a one year term; or act in relation thereto. PASSED MAJORITY. ARTICLE 15. MOVED AND SECONDED To see if the Town will vote to adopt the reorganization and renumbering of its Zoning By-laws set forth in a handout and included herein by reference, said reorganization being for the sole purpose of improving the usability of the Zoning By-laws. The reorganization will not result in any substantive changes to the provisions of the previously adopted Zoning By-laws and is summarized as follows: 1. The three overlay zoning districts, Flood, Water Supply Protection and Plum Island will be grouped together as Sections 97-3.D, 97-3.E, and 97-3.F. 2. A use regulation table detailing permitted uses in all zoning districts will be included in Section 97-3.13. 3. All Special Permit provisions will be grouped together in one section by zone(97-4). 4. The Sexually Oriented Business District has been re-named Industrial District A. It retains the present boundaries and description of location(97-2.A and 97-2.C). The Special Permit required to conduct permitted business in this zone will now be found under"Special Permits: Adult Business" (97-4.J). The"performance standards" section is re-named"conditions and standards" (97-4.J.(1)(c)). 5. A table of lot dimension requirements pertaining to each zone will be included in Section 97-5.13. 6. A table of parking space requirements by zone has been created in Section 97-6.13; and 7. All definitions of terms have been arranged alphabetically in one section(97-10.17); or act in relation thereto. PASSED UNANIMOUS. ARTICLE 16. MOVED AND SECONDED To see if the Town will vote to amend the Zoning By- laws and Zoning Map pertaining to Article II, Section 97.4.E.(1)by changing that portion of the boundaries of the Commercial Highway District so that it is delineated as follows: (1) Beginning at a point on the center line of Hanover Street 1,000 feet easterly from the center line of U.S. Route#1, thence by a line parallel to said center line of U.S #1 and 1,000 feet east of it to a point 500 feet south of the center line of Boston Road thence westerly to a point 500 feet west of the center line of U.S. #1 and 500 feet south of the center line of Boston Road; thence northerly by a line parallel to the center line of U.S. #1 and 500 feet west of said line to a point on the center line of Middle Road 500 feet west of the center line of U.S. #1,thence by the center lines of Middle Road and Hanover Street to a point of beginning; or act in relation thereto. PASSED UNANIMOUS. ARTICLE 17. DAVID MOUNTAIN,CHAIRMAN OF THE PLANNING BOARD MOVED TO WITHDRAW ARTICLE To see if the Town will vote to amend the Zoning By-laws pertaining to Article XI, Section 97-46 by adding the following allowed uses within the Water Supply Protection District: (9) Religious or non-profit Educational Uses. (10) Non-profit Community and/or Neighborhood Centers. 220 (11) Small scale retail stores established for the benefit and convenience of the local general public provided such use is a permitted use in the underlying zoning district. (12) Restaurants without"drive-thru" facilities or taverns provided if such use is a permitted use in the underlying zoning district. (13) Business,professional or general offices provided such use is a permitted use in the underlying zoning district; or act in relation thereto. MOVE TO WITHDRAW VOTED UNANIMOUS. ARTICLE 18. MOVED AND SECONDED WITH READING OF ARTICLE WAIVED, To see if the , Town will vote to amend the Zoning By-laws by adding thereto the following: ARTICLE XV Special Regulations § 97-58 SITE PLAN REVIEW A. Purpose The purpose of this Section is to protect the health, safety, convenience and general welfare of the public by providing for a comprehensive review procedure of any use or structure that may have an impact on traffic, services and utilities, environmental quality,water resources, drainage or community character. Any use or structure, or expansion thereof, referred to in G.L. c. 40A, § 3, (exemption from zoning)is not exempt from the provisions of this section,provided any of the criteria contained in § 97-58.B. applies. B. Applicability These provisions shall apply to any non-residential or non-agricultural construction project that , involves the construction of a new building or that will result in any significant change to the outside appearance of a building or to a change of use of an existing building or buildings or premises that includes one or more of the following: (1) Construction of 2,000 or more square feet of gross floor area. (2) An increase in gross floor area of at least 2,000 square feet (3) Grading or re-grading of land to planned elevations and/or removal or disturbance of the existing vegetative cover except for agricultural activities, over an area of 5,000 square feet or more. (4) Construction, enlargement or alteration of a parking area containing 10 or more parking spaces. (5) The development of 10,000 square feet or more of impervious surface area or more than 15% of the lot area. (6) The construction of a drive-in retail establishment serving food or dispensing merchandise from inside a building to persons seated in their automobiles on the premises. C. Procedure , (1) An applicant for site plan review shall file with the Planning Board an application and such submission materials as required by the Site Plan Review Submission Requirements and Procedures adopted by the Planning Board and filed with the Town Clerk. (2) The Planning Board shall, within five days of receipt of a site plan review application, transmit copies of the application and the site plan to the Building Inspector, Conservation 221 Commission, Board of Health, and Director of Public Works for comments and recommendations. (3) The Planning Board shall hold a public hearing within 65 days of the filing of any application for a project and shall file a decision within 90 days of the close of the hearing. Where the Planning Board is the Special Permit Granting Authority for the proposed work, the Public Hearing for the Special Permit shall take place in conjunction with the Public Hearing for the Site Plan Review. Notice of the time, place, and subject matter of the public hearing shall be given by the Planning Board, at the expense of the applicant, to the applicant and to all owners of land abutting the land being the subject of such application as appearing on the most recent tax list on file at the Assessors Office. In addition, the Planning Board shall also give notice of the time, place, and subject matter of the public hearing, at the expense of the applicant,by advertisement in a newspaper of general circulation in the Town, once in each of two successive weeks, the first publication beingnot less than 14 days before the day of such hearing. The time Y Y g within which the Planning Board must act on an application may be extended upon mutual agreement in writing upon request of the Applicant and set forth mutually in a written agreement between the Planning Board and the applicant. Failure to act within the time limitations established in this article shall be deemed constructive approval of the application. (4) Final action,which shall be a "Decision of Site Plan Review" that is filed with the Office of the Town Clerk and the Building Inspector, shall consist of either: (a) A written approval of the application, including a finding and determination that the proposed project will constitute a suitable development based on conformance with the criteria and conditions of approval contained in §97-58.D. and §97-58.F. respectively. (b) A written denial of the application based on a determination that insufficient information was submitted for the proposal or the proposal did not meet the criteria as stated in Section §97-58.D. (5) A vote of a simple majority of the full membership of the Board shall be sufficient to adopt a Decision of Site Plan Review. (6) Any person aggrieved by a Decision of Site Plan Review by the Planning Board may appeal such Decision to the Zoning Board of Appeals within 30 days of the date of the Decision. D. Decision Criteria The Planning Board shall approve an application for site plan review if it finds that: (1) The surrounding area will be protected from the proposed use on the site by provision of adequate surface water drainage, buffers against light, sight, sound, vibration, odors, dust and other air pollution and the preservation of adequate light and air; (2) The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas and public ways is provided for; (3) Environmental features of the site and surrounding areas are protected; (4) The site plan is consistent with the Master Plan; (5) The proposed building scale and/or site development plan is consistent with the j surrounding neighborhood; (6) All signs are in accordance with the sign regulations for the pertinent district; 222 (7) All variances or special permits required from the Board of Appeals have been granted. (8) Notwithstanding the above, regulation of uses and structures referred to in G.L. c. 40A, § 3 (exemptions from zoning) shall be limited to the extent allowed under said section of the General Laws. E. Conditions of Approval Site plan approval may be made subject to conditions,modifications and restrictions as the , Planning Board may deem necessary. Any construction, reconstruction, alteration or addition shall be carried on only in conformity with such conditions, modifications or restrictions and in conformity with the application and site plan. Any order of conditions from the Conservation Commission which imposes conditions inconsistent with site plan approval, shall require a revision of the site plan. A request for such revision must be submitted to the Planning Board. For any construction project or a change in use that requires site plan review, no building permit may be issued unless and until the applicant has complied with the provisions relating to site plan review under this article and the conditions,modifications, and restrictions contained within the Decision of Site Plan Review are referenced to and incorporated in, and made an express condition of, such building permit. Site plan approval by the Planning Board shall not be construed as approval from any other Board, official or department. At the discretion of the Building Inspector,with the concurrence of the Planning Board, recording of a certification of the Town Clerk and the Decision of Site Plan Review at the Registry of Deeds maybe included as an additional condition precedent to the issuance of any building permit((see G.L. c. 40A, §11,T. 4)Notice requirements for Public Hearings etc.). F. Performance Guarantee As a condition of site plan approval,the Planning Board may require by a simple majority of the full board that a performance bond or a deposit of money or negotiable securities, be posted with the Town to guarantee completion of improvements to be made in compliance with the plans , submitted and approved hereunder. The Board may also require by a simple majority of the full board that an amount be included for land restoration not having to do with the construction of improvements. The amount of security shall include a 15% contingency and shall be determined based on an estimate from the applicant's engineer which may be confirmed or increased by the Board. The Town may use the secured funds for their stated purpose in the event that the applicant does not complete all improvements in a manner satisfactory to the Board within two years from the date of approval, or the final date of the last extension of such approval, if any. G. Duration of approval Site plan approval for a project shall become void two years from the date of issue, which two years shall not include time required to pursue or await determination of an appeal referred to in G.L. c. 40A, §§ 8 and 17, (Appeals to permit granting authority)unless any construction work contemplated thereby shall have commenced and proceeded in good faith continuously to completion, except for good cause. In such case a request for extension of the date of completion must be submitted to the Planning Board. H. Fees Site plan review,fees shall be governed and set by the Planning Board and shall be assessed to the owner and/or the applicant. Such fees may include a deposit for review by a consultant , selected by the Town. The amount of fees shall be as listed in the Site Plan Review Submission Requirements and Procedures and administrated in accordance with § 117-46 thru § 117-48 of the Town's Regulations for the Subdivision of Land. I. Severability If any provision of this by-law is held invalid by either the Attorney General under G.L. c. 40, § 32, or a court of competent jurisdiction, the remainder of the by-law shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this by- law shall not affect the validity of the remainder of the Town's Zoning By-laws; or act in relation thereto. DECLARED BY MODERATOR 2/3RDS VOTE. ARTICLE 19. MOVED AND SECONDED To see if the Town will vote to endorse the adoption by the Planning Board of a Master Plan dated May 1, 2006, said Plan providing guidance for decision making regarding the long-term development of the Town; or act in relation thereto. PASSED BY MAJORITY. ARTICLE 20. MOVED AND SECONDED WITH A CORRECTION NOTED AS TO THE SPELLING OF LAND WHICH SHOULD BE GUILFORD AND NOT GUILDFORD.To see is the Town will vote to acquire for passive recreation, at no net cost to the Town,by negotiated purchase or otherwise, a certain parcel of land located on Parker Street,known as the Guildford Land, consisting of 105,500 square feet in Newbury,more or less, and being part of parcels U07-25 and R47-41 on the Newbury Assessors' Maps. Said land is to be conveyed to the Town and the City of Newburyport as joint owners by the City of Newburyport under the provisions of General Laws Chapter 40, section 8C, as it may hereafter be amended and other statutes relating to Conservation. Said land is to be managed by the City of Newburyport. The Board of Selectmen is hereby authorized to enter into all agreements, including inter-municipal agreements with the City of Newburyport, and to execute any and all instruments as may be necessary to affect said purchase; or act in relation thereto. PASSED BY MAJORITY. ARTICLE 21. MOVED AND SECONDED To see if the Town will vote to authorize the Board of Health in accordance with G.L. C.40, section 4A to enter into an inter-municipal agreement with one or more other governmental units to provide public health services which the Board of Health is statutorily authorized to perform in accordance with an Inter Municipal Mutual Aid Agreement to be entered into between the Town and said various other governmental units; or act in relation thereto. PASSED UNANIMOUS. ARTICLE 22. MOVED AND SECONDED To see if the Town will vote to amend Chapter 24 of the By-laws (Personnel Policy)by adding to Article II, Section 24-21 (Eligible members)the following: "INSURANCE ELIGIBILITY"—Newly hired employees working no less than twenty(20)hours weekly on a regular basis shall be eligible to elect offered employee insurance coverage(s) after thirty(30) days of commencing employment with the Town or during an open enrollment benefit's offering from the Town or at the time of any verified loss of insurance coverage from another employer; or act in relation thereto. PASSED MAJORITY. ARTICLE 23. MOVED AND SECONDED To see if the Town will authorize the Treasurer,with the approval of the Selectmen, to borrow the sum of$160,000 for the purchase of new Airpak equipment for the Fire Departments as authorized by the debt exclusion vote at the Annual Town Election of May 9, 2006; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS. PASSED UNANIMOUS. ARTICLE 24. MOVED AND SECONDED To see if the Town will vote to assume liability in the manner provided by Section 29, 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 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. PASSED BY MAJORITY. ARTICLE 25. MOVED AND SECONDED 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. PASSED UNANIMOUS. MOTION TO ADJOURN MEETING SECONDED AND PASSED UNANIMOUS AT 10:20 P.M. 151 VOTERS CHECKED IN. RESPECTIVELY SUBMITTED; DONNA R. STEFANILE TOWN CLERK 225 TOWN OF NEWBURY SPECIAL TOWN MEETING October 24, 2006 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 24th DAY OF OCTOBER 2006 AT 7:00 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-LAWS,PERTAINING TO ARTICLE III SECTION 97-3.F.(5)(a),BY ADDING THE FOLLOWING ALLOWED USES IN THE WATER SUPPLY PROTECTION DISTRICT: (9) Religious or Non-profit Educational Uses. (10) Non-profit Community and/or Neighborhood Centers. (11) Retail stores, established for the benefit and convenience of the local general public provided such use is a permitted use in the underlying zoning district. (12) Restaurants without"drive-thru" facilities or taverns provided such use is a permitted use in the underlying zoning district. (13) Business,professional and general offices provided such use is a permitted use in the underlying zoning district. ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS PERTAINING TO ARTICLE VIH BY ADDING THE FOLLOWING SECTION: 226 ARTICLE VIII Special Regulations § 97-8 SITE PLAN REVIEW A. Purpose The purpose of this Section is to protect the health, safety,convenience and general welfare of the public by providing a comprehensive review procedure of plans for uses and structures which , may have impacts on traffic, services and utilities, environmental quality, water resources, drainage and community character. Any use or structure,or expansion thereof, referred to in MGL c. 40A, §3, (exemption from zoning) is not exempt from the provisions of this section, provided any of the criteria contained in § 97-8.B. also applies. B. Applicability Any non-residential or non-agricultural construction project which requires construction of a new building or will result in a change in the outside appearance or a change of use of an existing building or buildings or premises, and which includes one or more of the following: (1) Construction of 2,000 or more square feet of gross floor area. (2) An increase in gross floor area of at least 2,000 square feet (3) Grading or re-grading of land to planned elevations and/or removal or disturbance of the existing vegetative cover except for agricultural activities,over an area of 5,000 square feet or more. (4) Construction, enlargement or alteration of a parking area containing 10 or more , parking spaces. (5) The development of 10,000 square feet or more of impervious surface area or more than 15% of the lot area. (6) The construction of a drive-in retail establishment serving food or dispensing merchandise from inside a building to persons seated in their automobiles on the premises. C. Procedure (1) An applicant for site plan review shall file with the Planning Board an application and submission materials as required by the Site Plan Review Submission Requirements and Procedures adopted by the Planning Board and filed with the Town Clerk. (2) The Planning Board shall,within five days of receipt of a site plan review application,transmit copies of the application and the site plan to the Building Inspector, Conservation Commission, Board of Health,and Director of Public Works for comments and recommendations. (3) The Planning Board shall hold a public hearing within 65 days of the filing of any application for a project and shall file a decision within 90 days of the close of the hearing. Where the Planning Board is the Special Permit Granting Authority for the proposed work,the Public Hearing for the Special Permit shall take place in conjunction with the Public Hearing for the Site Plan Review. Notice of the time,place, and subject matter of the public hearing shall be given by the Planning Board, at the expense of the applicant,to the applicant and to all owners of land abutting the land being the subject of such application as appearing on the most recent tax list on file at the Assessors Office. In addition,the Planning Board shall also give notice of the time, place, and subject matter of the public hearing, at the expense of the applicant, by advertisement in a newspaper of general circulation in the Town, once in each of two successive weeks,the first publication being not less than 14 days before the day of such hearing. The time within which the Planning Board must act on an application may be extended upon mutual agreement in writing upon request of the Applicant and set forth mutually in a written agreement between the Planning Board and the applicant. Failure to act within the time limitations established in this article shall be deemed constructive approval of the application. (4) Final action, which shall be a "Decision of Site Plan Review" that is filed with the Office of the Town Clerk and the Building Inspector, shall consist of either: (a) A written approval of the application, including a finding and determination that the proposed project will constitute a suitable development based on conformance with the criteria and conditions of approval contained in §97-8.D. and §97-8.F. respectively. (b) A written denial of the application based on a determination that insufficient information was submitted for the proposal or the proposal did not meet the criteria as stated in Section§97-8.D. (5) A vote of a simple majority of the full membership of the Board shall be sufficient to adopt a Decision of Site Plan Review. (6) Any person aggrieved by a Decision of Site Plan Review by the Planning Board may appeal such Decision to the Zoning Board of Appeals within 30 days of the date of the Decision. D. Decision Criteria The Planning Board shall approve an application for site plan review if it finds that: (1) The surrounding area will be protected from the proposed use on the site by provision of adequate surface water drainage,buffers against light, sight, sound, vibration, odors, dust and other air pollution and the preservation of adequate light and air; (2) The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas and public ways is provided for; (3) Environmental features of the site and surrounding areas are protected; (4) The site plan is consistent with the Master Plan; (5) The proposed building scale and/or site development plan is consistent with the surrounding neighborhood; (6) All signs are in accordance with the sign regulations for the pertinent district. (7) All variances or special permits required from the Board of Appeals have been granted. (8) Notwithstanding the above, regulation of uses and structures referred to in MGL c. 40A, § 3 (exemptions from zoning) shall be limited to the extent allowed under said section of the General Laws. E. Conditions of Approval Site plan approval may be made subject to conditions,modifications and restrictions as the Planning Board may deem necessary, and any construction,reconstruction, alteration or addition shall be carried on only in conformity with such conditions, modifications or restrictions and in conformity with the application and site plan. An order of conditions from the Conservation Commission which imposes conditions inconsistent with a site plan approval, shall require a revision of the site plan. A request for such revision must be submitted to the Planning Board. For any construction project or change in use that requires site plan review,no building permit may be issued unless and until the applicant has complied with the provisions relating to site plan review under this article and the conditions,modifications,and restrictions contained within the Decision of Site Plan Review are referenced to and incorporated in, and made an express condition of, such building permit. Site plan approval by the Planning Board shall not be construed as approval from any other Board, official or department. At the discretion of the Building Inspector,with the concurrence of the Planning Board,recording of a certification of the Town Clerk and the Decision of Site Plan Review at the Registry of Deeds may be included , as an additional condition precedent to the issuance of any building permit(see MGL c. 40A, §11,par. 4)Notice requirements for Public Hearings etc.). F. Performance Guarantee. As a condition of site plan approval, the Planning Board may require by a simple majority of the full board that a performance bond,deposit of money or negotiable securities, (to be selected by the Applicant)be posted with the Town to guarantee completion of improvements to be made in compliance with the plans submitted and approved hereunder. The Board may also require by a simple majority of the full board that an amount be included for land restoration not having to do with the construction of improvements. The amount of security shall include a 15% contingency and shall be determined based on an estimate from the applicant's engineer which may be confirmed or increased by the Board. The Town may use the secured funds for their stated purpose in the event that the applicant does not complete all improvements in a manner satisfactory to the Board within two years from the date of approval, or the final date of the last extension of such approval, if any. 229 G. Duration of approval Site plan approval for a project shall become void two years from the date of issue,which two years shall not include time required to pursue or await determination of an appeal referred to in MGL c. 40A, § 8 and 17, (Appeals to permit granting authority)unless any construction work contemplated thereby shall have commenced and proceeded in good faith continuously to completion, except for good cause. In such case a request for extension of the date of completion must be submitted to the Planning Board. H. Fees Site plan review fees shall be governed and set by the Planning Board and shall be assessed to the owner and/or the applicant. Such fees may include a deposit for review by a consultant selected by the Town. The amount of fees shall be listed in the Site Plan Review Submission Requirements and Procedures and administrated in accordance with §117-46 thru §117-48 of the Subdivision of Land Regulations. ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS ARTICLE IV,TO ADD 97-4.M.ACCESSORY APARTMENTS IN THE AGRICULTURAL-RESIDENTIAL DISTRICT. THE PROPOSED LANGUAGE TO READ AS FOLLOWS: ARTICLE IV. 97-4.M.Accessory Apartments in the Agricultural-Residential District (1) Purpose and Intent. It is the intent of this article to allow accessory apartments for non-rental purposes, including kitchens,within single family properties in the Agricultural-Residential District for the purpose of supplying accessory housing stock in owner-occupied properties within the Town of Newbury. (2) Permitted Use A non-rental accessory apartment may be permitted upon issuance of a building permit by the Building Inspector subject to the conditions and requirements set out in this bylaw. (3) Accessory Apartment Applicability: The Building Inspector shall issue a building permit for an accessory apartment in a detached,one family dwelling in the Agricultural-Residential District provided that the dwelling unit and the proposed apartment meet the following conditions and requirements. VO (a) The owner of the dwelling in which the accessory apartment is created, shall occupy either of the dwelling units in the located structure in question, except for temporary absences of up to six months. (b) For the purpose of this section,the"owner" shall be one or more individuals residing in a dwelling unit,who hold title and for whom the dwelling is the primary residence for voting and tax purposes. (c) The gross floor area of the dwelling,including the basement shall be at least 1600 square feet. (d) The size of the accessory apartment shall not exceed 35%of the principal dwelling unit at the time of the granting of the special permit. (e) No more than one accessory apartment shall be allowed per residential lot. , (f) There shall be no borders or lodgers within either unit of a dwelling with an accessory apartment. (g) There shall not be more than two bedrooms in the accessory apartment. (h) The Accessory Apartment must be within or have a common wall and common interior door with the single-family dwelling unit. (i)The existing house and the accessory apartment shall comply with all applicable health, safety, building and other applicable codes in effect at the time of the granting of the building permit. O) Utilities such as water,electric and gas necessary for the accessory apartment shall be extensions of the existing utilities serving the principal single-family dwelling. (k) A minimum of one parking space shall be required for the accessory apartment. Parking spaces shall be located so that both the principal dwelling unit and the accessory apartment shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit. (1) The accessory apartment shall not change the single-family characteristic of the dwelling except for the provision of an additional access or egress, subject to the following conditions ' and requirements: .1)all stairways to second or third stories shall be enclosed within exterior walls .2)any new entrance shall be located on the side or on the rear of the building. The following definitions will be inserted in 97-1OX in their correct location alphabetically. Accessory Apartment. One dwelling unit associated with a single-family dwelling which is subordinate in size to the principal unit. Accessory Structure: A structure which houses or is used for something other than an allowed principal use. 1 423 1 Building: A combination of any materials,whether portable or fixed,having a roof,the purpose of which is the shelter of persons, animals,property or processes. For the purpose of this definition, "roof' shall include an awning or any similar covering whether or not permanent in nature. The word"building"shall be construed where the context allows as though followed by the words"or parts thereof'. Building includes open porches,open breezeway and other roofed areas Common Wall. A wall or floor that is connected,usable and heated on both sides of the existing dwelling. Dwelling Unit. A single unit providing complete,independent living facilities for one(1)or more persons including permanent provision for living, sleeping,eating,cooking and sanitation. Use,Accessory: A use of a structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental or secondary to the use of the principal building. Use,Mixed: Two or more principal uses occupying the same structure or lot,each of which is independent of and unrelated to the other. or act in relation thereto. ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO ADOPT THE FOLLOWING BY-LAW RELATIVE TO THE CONDUCT OF TOWN MEETINGS: Section 34-7 Quantum of vote. If a two-thirds, four-fifths or nine-tenths vote of a town meeting is required by statute,the count shall be taken, and the vote shall be recorded in the records by the Clerk; provided,however,that if a two-thirds vote of a town meeting is required by statute, the Moderator need not take a count and the Clerk shall record the vote as declared by the Moderator unless a town meeting member orally objects to such declaration before the vote is recorded by the Clerk; and provided, further, that if the vote is unanimous, a count need not be taken, and the Clerk shall record the vote as unanimous; or act in relation thereto. ARTICLE 5. To see if the Town will vote to grant to Timothy A. Leonard and Sandra L. Leonard at no cost an easement to maintain the building in its present location at 4 Roy Avenue as shown on a plan entitled"Plan of Land in Newbury, Massachusetts, Owner, Estate of Mary C. Roy"prepared by Port Engineering Associates, dated March 11, 1975 and recorded with the Essex South Registry of Deeds in Plan Book 135, Plan 38. The easement area is bounded and described as follows: Northerly by right of way, 3.95 feet; Easterly by Lot 249, 74.50 feet; Southerly by the right of way, 3.71 feet; and Westerly by the right of way, 74.50 feet, All as shown on said plan, and all measurements being more or less. _ a3X The easement is appurtenant to the land of the grantees at 4 Roy Avenue, as more particularly described in the deeds to the grantees dated August 22, 1985 and recorded in said Registry of Deeds at Book 7881,Page 334 and May 4, 1987 and recorded in said Registry of Deeds at Book 8937, Page 462. The Board of Selectmen is hereby authorized to execute any and all instruments as may be necessary to effect the granting of the above described easement; or act in relation thereto. ARTICLE 6. To see if the Town will vote to amend §45-6 of the Newbury Code pertaining to BEACHES. The proposed language to read as follows: , §45-6 Animals restricted A. 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 October 15 of each year,all dates inclusive. B. The owner or keeper of any dog found on the public beach, in violation of the above by- law,may be charged a pick-up fee. C. All pick-up fees and other charges must be paid before the dog is released. D. Fees for violation of the by-law shall be: 1"offense $25.00 2Id offense $35.00 3`d and subsequent offense $50.00 (all within one season) E. All dogs lawfully on the public beach during the dates set forth by this by-law shall be leashed with such type of leash that allows the owner or keeper of said dog to have control over the dog at all times. F. Any owner or keeper of any dog found on the public beach in violation of§E of this by- ' law,may be subject to fines as follows: I"offense $25.00 2nd offense $35.00 Yd& subsequent offense $50.00 (all within one season) or act in relation thereto. ARTICLE 7. To see if the Town will vote to approve the proposed Amended Agreement for the Triton Regional School District dated September, 2006, a copy of which is on file with the Town Clerk; or act in relation thereto. 1 ARTICLE 8. To see if the Town will vote to approve the following amendments to the 255 Personnel Bylaws (§24.7, 24-11B(1),24-1113(2) and 24-11D). The proposed language to read as follows: §24.7. Employment, promotion and transfer. D. Disciplinary action. 2. Dismissal. The Selectmen may dismiss an employee for any just and reasonable cause. Any employee who is dismissed shall be given written notice a minimum five days prior to the effective date of the dismissal, setting forth the reasons for such dismissal. Employees with at least six (6)months of employment with the Town who leave their employment with the Town for any reason shall be granted all vacation leave for which they are eligible at the time of their separation of employment. Employees who are dismissed for major violations of the rules or criminal action shall not be eligible for re-employment with the Town. Any dismissal may be appealed through the Grievance Procedure. §24-11 B (1). An employee with less than five (5) years of continuous employment with the Town shall be entitled to two (2)weeks of vacation time. §24-11 B (2). An employee with five (5)years of continuous service with the Town shall be entitled to an additional day of vacation after each additional year of employment,up to a maximum of 20 days of vacation time after fifteen(15) years of service. No employee shall be entitled to more than four(4)weeks of vacation time,regardless of service with the Town. §24-11 D. Employees will accrue their annual vacation leave allotment on a weekly basis. Vacation leave is not available for use until the employee has completed six (6)months of continuous employment with the Town, and is subject to approval of the appropriate Department Head or appointing authority as provided in Paragraph 24-11 C herein. Employees must use earned vacation days by the end of each fiscal year, except that an employee may carry over up to a maximum of three (3)earned but unused vacation days into the next fiscal year. At no time may any employee accumulate more than 3 vacation days beyond his or her annual allotment. ARTICLE 9. To see if the Town will vote to adopt the attached APPENDIX A, dated October 4, 2006 (attached),which establishes ten(10) Grades for Classification of Existine Positions, along with Salary Ranges in all Grades to establish the Determination of Compensation for all positions within the Town in accordance with Town of Newbury Personnel Bylaws, as set forth in Chapter 24&25-Classification Plan, Paragraph B-Classification of Existinp,Positions, Compensation Plan, Paragraph A-Authority, and Paragraph B-Determination of Compensation;, or act in relation thereto. Town of Newbury Classification Plan APPENDIX A GRADE MINIMUM MIDPOINT MAXIMUM j 20.2 $32.20 $41.05 $49.90 $66 976 $85,384 $103,792 19.2 $27.28 $34.79 $42.29 $56,742 $72,363 $87,963 , 18.2 $23.12 $29.48 $35.84 $48,090 $61,316 $74,647 18.1 $19.60 $24.98 $30.37 $40,768 $51,958 $63,170 17.3 $23.12 $29.48 $35.84 $48,090 $61,318 $74,547 17.2 $19.60 $24.98 $30.37 $40,768 $51,958 $63,170 17.1 $17.04 $21.72 $26.41 $35,443 $45,178 $54,933 16.3 $19.60 $24.98 $30.37 $40,768 $51,958 $63,170 16.2 $17.04 $21.72 $26.41 $35,443 $45,178 $54,933 16.1 $14.82 $18.90 $22.97 ' $30,826 $39,312 $47,778 15.3 $17.04 $21.72 $26,41 $35,443 $45,178 $54,933 15.2 $14.82 $18.90 $22.97 $30,826 $39,312 $47,778 15.1 $12.88 $16.75 $20.61 $26,790 $34,840 $42.869 Town of Newbury M Classification Plan APPENDIX A 14.3 $14.82 $18.90 $22.97 $30,826 $39,312 $47,778 14.2 $12.88 $16.75 $20.61 $26,790 $34,840 $42,869 14.1 $11.71 $14.93 $18.15 $24,357 $31,054 $37,752 13.3 $12.88 $16.75 $20.61 $26,790 $34,840 $42,869 13.2 $11.71 $14.93 $18.15 $24,357 $31,054 $37,752 13.1 $10.65 $13.58 $16.50 $22,152 $28,246 $34,320 12.3 $11.71 $14.93 $18.15 $24,357 $31,054 $37,752 12.2 $10.65 $13.58 $16.50 $22,152 $28,246 $34,320 12.1 $9.68 $12.34 $15.00 $20,134 $25,667 $31,200 11.2 $9.68 $12.34 $15.00 $20,134 $25,667 $31,200 4-Oct-06 236 ARTICLE 10. To see if the Town will raise and appropriate, appropriate from free cash or transfer from available funds the sum of$178,979 for the purpose of paying Essex County assessments for fiscal year 2007; or act in relation thereto. GIVEN UNDER OUR HANDS THIS 6th DAY OF OCTOBER 2006. SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATTEST: , RSUANT 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. DATED—/o CONSTABLE: =,4�/ 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 Q -(0 —�-d0C CONSTABLE:(��r� � 37 TOWNOFNEWBURY SPECIALTOWNMEETING October 24,2006 RESULTS MODERATOR JOHN P. SALTER JR. CALLED THE MEETING TO ORDER AT 7:05 P.M.WITH A QUORUM PRESENT. FOLLOWING THE PLEDGE OF ALLEGIANCE THE GREETING WAS READ BY THE MODERATOR AND THE RETURN WAS GIVEN BY CONSTABLE RICHARD CUNNINGHAM. COUNTERS ASSIGNED FOR THE EVENING WERE DAVID LORING AND ANDREW HARWOOD. SELECTMEN CHAIRMAN DR.VINCENT RUSSO WELCOMED EVERYONE AND INTRODUCED THE MEMBERS AT THE FRONT OF THE ROOM AS WELL AS ACKNOWLEDGED THE PRESENCE OF STATE REPRESENTATIVE HARRIETT STANLEY,ROWLEY SELECTMEN LANE BOURN,AND TRITON SUPERINTENDENT SANDRA HALLORAN. HE HAD GOOD NEWS THAT PAVING WOULD BEGIN ON PARTS OF PLUM ISLAND THE FOLLOWING WEEK. ARTICLE 1. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS,PERTAINING TO ARTICLE III SECTION 97-3.F.(5)(a),BY ADDING THE FOLLOWING ALLOWED USES IN THE WATER SUPPLY PROTECTION DISTRICT: (9) Religious or Non-profit Educational Uses. (10) Non-profit Community and/or Neighborhood Centers. (11) Retail stores,established for the benefit and convenience of the local general public provided such use is a permitted use in the underlying zoning district. (12) Restaurants without"drive-tbru"facilities or taverns provided such use is a permitted use in the underlying zoning district. (13) Business,professional and general offices provided such use is a pemutted use in the underlying zoning district. PLANNING BOARD CHAIRMAN DAVID MOUNTAIN GAVE A BRIEF EXPLANATION OF THE ARTICLE. COUNTED VOTE WAS:YES—83,NO—8. NEEDING A 2/3RDS VOTE ARTICLE PASSED. ARTICLE 2. MOVED AND SECONDED WITH READING OF THE ARTICLE WAIVED BY THE MODERATOR. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURYZONINGBY- LAWS PERTAINING TO ARTICLE VIII BY ADDING THE FOLLOWING SECTION: ARTICLE VIII Special Regulations §97-8 SITE PLAN REVIEW A. Purpose The purpose of this Section is to protect the health,safety,convenience and general welfare of the public by providing a comprehensive review procedure of plans for uses and structures which may have impacts on traffic,services and utilities, environmental quality,water resources,drainage and community character.Any use or structure,or expansion thereof, referred to in MGL c.40A,§3,(exemption from zoning)is not exempt from the provisions of this section,provided any of the criteria contained in§97-8.B.also applies. B. Applicability Any non-residential or non-agricultural construction project which requires construction of a new building or will result in a change in the outside appearance or a change of use of an existing building or buildings or premises,and which includes one or more of the following: (1) Construction of 2,000 or more square feet of gross floor area. (2) An increase in gross floor area of at least 2,000 square feet (3) Grading or re-grading of land to planned elevations and/or removal or disturbance of the existing vegetative cover except for agricultural activities,over an area of 5,000 square feet or more. (4) Construction,enlargement or alteration of a parking area containing 10 or more parking spaces. (5) The development of 10,000 square feet or more of impervious surface area or more than 15%of the lot area (6) The construction of a drive-in retail establishment serving food or dispensing merchandise from inside a building to persons seated in their automobiles on the premises. C. Procedure (1) An applicant for site plan review shall file with the Planning Board an application and submission materials as required by the Site Plan Review Submission Requirements and Procedures adopted by the Planning Board and , Sled with the Town Clerk. (2) The Planning Board shall,within five days of receipt of a site plan review application,transmit copies of the application and the site plan to the Budding Inspector, Conservation Commission, Board of Health, and Director of Public Works for comments and recommendations. (3) The Planning Board shall hold a public hearing within 65 days of the filing of any application for a project and shall file a decision within 90 days of the close of the hearing.Where the Planning Board is the Special Permit Granting Authority for the proposed work,the Public Hearing for the Special Permit shall take place in conjunction with the Public Hearing for the Site Plan Review.Notice of the time,place,and subject matter of the public hearing shall be given by the Planning Board,at the expense of the applicant,to the applicant and to all owners of land abutting the land being the subject of such application as appearing on the most recent tax list on file at the Assessors Office.In addition,the Planning Board shall also give notice of the time,place,and subject matter of the public hearing,at the expense of the applicant,by advertisement in a newspaper of general circulation in the Town,once in each of two successive weeks,the fast publication being not less than 14 days before the day of such hearing.The time within which the Planning Board must act on an application may be extended upon mutual agreement in writing upon request of the Applicant and set forth mutually in a written agreement between the Planning Board and the applicant Failure to act within the time limitations established in this article shall be deemed constructive approval ofthe application. (4) Final action,which shall be a"Decision of Site Plan Review"that is filed with the Office of the Town Clerk ' and the Building Inspector,shall consist of either. (a) A written approval of the application,including a finding and determination that the proposed project will constitute a suitable development based on conformance with the criteria and conditions of approval contained in§97-8.D.and§97-8.F.respectively. (b) A written denial of the application based on a determination that insufficient information was submitted for the proposal or the proposal did not meet the criteria as stated in Section§97-8.D. (5) A vote of a simple majority of the full membership of the Board shall be sufficient to adopt aDecision of Site Plan Review. (6) Any person aggrieved by a Decision of Site Plan Review by the Planning Board may appeal such Decision to the Zoning Board of Appeals within 30 days of the date of the Decision. D. Decision Criteria The Planning Board shall approve an application for site plan review if it finds that: (1) The surrounding area will be protected from the proposed use on the site by provision of adequate surface water drainage,buffers against light,sight,sound, vibration,odors,dust and other air pollution and the preservation of adequate light and air, ' (2) The convenience and safely of vehicular and pedestrian movement within the site and in relation to adjacent areas and public ways is provided for; (3) Environmental features of the site and surrounding areas are protected; (4) The site plan is consistent with the Master Plan; (5) The proposed building scale and/or site development plan is consistent with the surrounding neighborhood,- (6) All signs are in accordance with the sign regulations for the pertinent district (7) All variances or special permits required from the Board ofAppeals have been granted. (8) Notwithstanding the above,regulation of uses and structures referred to in MGL c.40A,§3(exemptions from zoning)shall be limited to the extent allowed under said section of the General Laws. E. Conditions of Approval Site plan approval may be made subject to conditions,modifications and restrictions as the Planning Board may deem necessary,and any construction,reconstruction,alteration or addition shall be carried on only in conformity with such conditions,modifications or restrictions and in conformity with the application and site plan.An order of conditions from the Conservation Commission which imposes conditions inconsistent with a site plan approval, shall require a revision of the site plan.A request for such revision must be submitted to the Planning Board.For any construction project or change in use that requires site plan review,no building permit may be issued unless and until the applicant has complied with the provisions relating to site plan review under this article and the conditions, modifications,and restrictions contained within the Decision of Site Plan Review are referenced to and incorporated in,and made an express condition of,such building permit.Site plan approval by the Planning Board shall not be construed as approval from any other Board,official or department.At the discretion of the Building Inspector, with the concurrence of the Planning Board,recording of a certification of the Town Clerk and the Decision of Site Plan Review at the Registry of Deeds may be included as an additional condition precedent to the issuance of any building permit(see MGL c.40A,§11,par.4)Notice requirements for Public Hearings etc.). F. Performance Guarantee As a condition of site plan approval,the Planning Board may require by a simple majority of the full board that a performance bond,deposit of money or negotiable securities,(to be selected by the Applicant)be posted with the Town to guarantee completion of improvements to be made in compliance with the plans submitted and approved hereunder.The Board may also require by a simple majority of the full board that an amount be included for land restoration not having to do with the construction of improvements.The amount of security shall include a 15% contingency and shall be determined based on an estimate from the applicant's engineer which may be confirmed or increased by the Board The Town may use the secured funds for their stated purpose in the event that the applicant does not complete all improvements in a manner satisfactory to the Board within two years from the date of approval,or the final date of the last extension of such approval,if any. G. Duration of approval Site plan approval for a project shall become void two years from the date of issue,which two years shall not include time required to pursue or await determination of an appeal referred to in MGL c.40A,§8 and 17, (Appeals to permit granting authority)unless any construction work contemplated thereby shall have commenced and proceeded in good faith continuously to completion,except for good cause.In such case a request for extension of the date of completion must be submitted to the Planning Board. H. Fees Site plan review fees shall be governed and set by the Planning Board and shall be assessed to the owner and/or the applicant.Such fees may include a deposit for review by a consultant selected by the Town.The amount of fees shall be listed in the Site Plan Review Submission Requirements and Procedures and administrated in accordance with§11746 thru§11748 of the Subdivision of Land Regulations. PLANNING BOARD CHAIRMAN DAVID MOUNTAIN EXPLAINED ARTICLE AND MADE A MOTION TO AMEND 97-8.B(1)TO READ "CONSTRUCTION OF 2,500 OR MORE SQUARE FEET OF GROSS FLOOR AREA." AMENDMENT SECONDED AND PASSED BY MAJORITY. ARTICLE WITH AMENDMENT VOTED AT 7:23 PM WITH A COUNT OF:YES—83 TO NO—3. NEEDING A 2/3RDS VOTE ARTICLE PASSED. ARTICLE 3. MOVED AND SECONDED WITH READING OF THE ARTICLE WAIVED BY THE MODERATOR. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS ARTICLE IV,TO ADD 97-4.M.ACCESSORY APARTMENTS IN THE AGRICULTURAL- RESIDENTIAL DISTRICT.THE PROPOSED LANGUAGE TO READ AS FOLLOWS: ARTICLE IV. 97-4.M.Accessory Apartments in the Agricultural-Residential District (1) Purpose and Intent. It is the intent of this article to allow accessory apartments for non-rental purposes,including kitchens,within single family properties in the Agricultural-Residential District for the purpose of supplying accessory housing stock in owner- occupied properties within the Town of Newbury. 240 (2) Permitted Use A non-rental accessory apartment may be permitted upon issuance of a building permit by the Building Inspector subject to the conditions and requirements set out in this bylaw. (3) Accessory Apartment Applicability: The Building Inspector shall issue a building permit for an accessory apartment in a detached,one family dwelling in the Agricultural-Residential District provided that the dwelling unit and the proposed apartment meet the following conditions and requirements. (a)The owner of the dwelling in which the accessory apartment is created,shall occupy either of the dwelling units , in the located structure in question,except for temporary absences of up to six months. (b)For the purpose of this section,the"owner"shall be one or more individuals residing in a dwelling unit,who hold title and for whom the dwelling is the primary residence for voting and tax purposes. (c)The gross floor area of the dwelling,including the basement shall be at least 1600 square feet (d)The size of the accessory apartment shall not exceed 35% of the principal dwelling unit at the time of the granting of the special permit (e)No more than one accessory apartment shall be allowed per residential lot (f)There shall be no borders or lodgers within either unit of a dwelling with an accessory apartment. (g)There shall not be more than two bedrooms in the accessory apartment (h)The Accessory Apartment must be within or have a connnon wall and common interior door with the single- family dwelling unit. (i)The existing house and the accessory apartment shall comply with all applicable health, safety,building and other applicable codes in effect at the time of the granting of the building permit 0) Utilities such as water,electric and gas necessary for the accessory apartment shall be extensions of the , existing utilities serving the principal single-family dwelling. (k)A mininnim of one parking space shall be required for the accessory apartment Parking spaces shall be located so that both the principal dwelling unit and the accessory apartment shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit (1) The accessory apartment shall not change the single-family characteristic of the dwelling except for the provision of an additional access or egress,subject to the following conditions and requirements: .1)all stairways to second or third stories shall be enclosed within exterior walls .2)any new entrance shall be located on the side or on the rear of the building. The following definitions will be inserted in 97-10X in their correct location alphabetically. Accessory Apartment:One dwelling unit associated with a single-family dwelling which is subordinate in size to the principal unit Accessory Structure:A structure whichhousesors used forsomelhutgottrerthinanallowedprurcipaluse. Building:A combination of any materials,whether portable or fixed,having a roof;the purpose of which is the shelter ofpersons,animals,property or processes.For the purpose of this definition,'roof shall include an awning or any similar covering whether or not permanent in nature.The word"building"shall be construed where the context allows as though followed by the words"or parts thereof.Building includes open porches,open breezeway and other roofed areas"; Common Wall:A wall or floor that is connected,usable and heated on both sides of the existing dwelling. ' Dwelling Unit:A single unit providing complete,independent living facilities for one(1)or more persons including permanent provision for living,sleeping,eating,cooling and sanitation. Use,Accessory:A use of a structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental or secondary to the use of the principal building. Use,Mixed: Two or more principal uses occupying the same structure or lot,each of which is independent of and unrelated to the other. or act in relation thereto. 241 PLANNING BOARD CHAIRMAN DAVID MOUNTAIN EXPLAINED NECESSITY FOR THIS ARTICLE. SPELLING CORRECTION MADE TO 97.4.M.(3)F.THE WORD BORDERS SHOULD BE SPELLED BOARDERS. PUT TO A VOTE AT 7:50 P.M.THE COUNT WAS YES—83 TO NO— 15. NEEDING A 2/3RDS VOTE ARTICLE PASSED. ARTICLE 4. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO ADOPT THE FOLLOWING BY-LAW RELATIVE TO THE CONDUCT OF TOWN MEETINGS: Section 34-7 Quantum of vote. If a two-thirds,four-fifths or nine-tenths vote of a town meeting is required by statute,the count shall be taken,and the vote shall be recorded in the records by the Clerk;provided,however,that if a two-thirds vote of a town meeting is required by statute,the Moderator need not take a count and the Clerk shall record the vote as declared by the Moderator unless a town meeting member orally objects to such declaration before the vote is recorded by the Clerk;and provided,finther,that if the vote is unanimous,a count need not be taken,and the Clerk shall record the vote as unanimous;or act in relation thereto. AMENDMENT TO ARTICLE PROPOSED BY DAVID POWELL TO ADD"FOLLOWING A CLEAR DECLARATION OF SUCH INTENT"SO THAT ARTICLE WOULD READ: If a two-thirds,four-fifths or nine-tenths vote of a town meeting is required by statute,the count shall be taken, and the vote shall be recorded in the records by the Clerk;provided,however,that if a two-thirds vote of a town meeting is required by statute,following a clear declaration of such intent,the Moderator need not take a count and the Clerk shall record the vote as declared by the Moderator unless a town meeting member orally objects to such declaration before the vote is recorded by the Clerk;and provided,further,that if the vote is unanimous,a count need not be taken, and the Clerk shall record the vote as unanimous;or act in relation thereto. VOTE ON AMENDMENT MOVED, SECONDED AND PASSED BY MAJORITY. ARTICLE WITH AMENDMENT VOTED PASSED UNANIMOUS. ARTICLE 5. MOVED AND SECONDED To see if the Town will vote to grant to Timothy A.Leonard and Sandra L. Leonard at no cost an easement to maintain the building in its present location at 4 Roy Avenue as shown on a plan entitled "Plan of Land in Newbury,Massachusetts,Owner,Estate of Mary C.Roy"prepared by Port Engineering Associates,dated March 11, 1975 and recorded with the Essex South Registry of Deeds in Plan Book 135,Plan 38.The easement area is bounded and described as follows: Northerly by right of way,3.95 feet; Easterly by Lot 249,74.50 feet; Southerly by the right of way,3.71 feet;and Westerly by the right of way,74.50 feet, All as shown on said plan,and all measurements being more or less. The easement is appurtenant to the land of the grantees at 4 Roy Avenue,as more particularly described in the deeds to the grantees dated August 22, 1985 and recorded in said Registry of Deeds at Book 7881,Page 334 and May 4, 1987 and recorded in said Registry of Deeds at Book 8937,Page 462. The Board of Selectmen is hereby authorized to execute any and all instruments as may be necessary to effect the granting of the above described easement;or act in relation thereto. PASSED UNANIMOUS. ARTICLE 6. MOVED AND SECONDED To see if the Town will vote to amend§45-6 of the Newbury Code pertaining to BEACHES.The proposed language to read as follows: §45-6 Animals restricted A. 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 October 15 of each year,all dates inclusive. B. The owner or keeper of any dog found on the public beach, in violation of the above bylaw,maybe charged a pick-up fee. C. All pick-up fees and other charges must be paid before the dog is released. D. Fees for violation of the by-law shall be: l"offense $25.00 2"doffense $35.00 3'd and subsequent offense $50.00 (all within one season) E. All dogs lawfully on the public beach during the dates set forth by this by-law shall be leashed with such type of leash that allows the owner or keeper of said dog to have control over the dog at all times. F. Any owner or keeper of any dog found on the public beach in violation of§E of this bylaw,may be subject to fines as follows: is offense $25.00 2"d offense $35.00 242 3'a&subsequent offense $50.00 (all within one season) or act in relation thereto. AFTER SOME DISCUSSION TONY PENSKI SUBMITTED AN AMENDMENT THAT WOULD REPLACE THE WORDS"DATES SET FORTH BY THIS BY-LAW"WITH`BALANCE OF THE YEAR'. MOVED AND SECONDED WITH A VOTE OF YES—72 TO NO—29 AMENDMENT CARRIES. AFTER MORE DISCUSSION THE ARTICLE WITH AMENDMENT VOTED YES—34 TO NO—76. ARTICLE DOES NOT CARRY. ARTICLE 7.MOVED AND SECONDED To see if the Town will vote to approve the proposed Amended Agreement for , the Triton Regional School District dated September,2006,a copy ofwhich is on file with the Town Clerk;or act in relation thereto. PASSED MAJORITY. ARTICLE 8. MOVED AND SECONDED To see if the Town will vote to approve the following amendments to the Personnel Bylaws(§24.7,24-11B(1),24-I IB(2)and 24-1 ID). The proposed language to read as follows: §24.7.Employment,promotion and transfer. D.Disciplinary action. 2. Dismissal.The Selectmen may dismiss an employee for any just and reasonable cause.Any employee who is dismissed shall be given written notice a minimum five days prior to the effective date of the dismissal, setting forth the reasons for such dismissal.Employees with at least six(6)months of employment with the Town who leave their employment with the Town for any reason shall be granted all vacation leave for which they are eligible at the time of their separation of employment Employees who are dismissed for major violations ofthe Hiles or crim mal action shall not be eligible for re-employment with the Town.Any dismissal may be appealed through the Grievance Procedure. §24-11 B(1).An employee with less than five(5)years of continuous employment with the Town shall be entitled to two(2)weeks of vacation time. §24-11 B(2).An employee with five(5)years of continuous service with the Town shall be entitled to an additional day of vacation after each additional year of employment,up to a maximum of 20 days of vacation time after fifteen(15)years of service.No employee shall be entitled to more than four(4)weeks of vacation time,regardless of service with the Town. ' §24-11 D. Employees will accrue their annual vacation leave allotment on a weekly basis.Vacation leave is not available for use until the employee has completed six(6)months of continuous employment with the Town,and is subject to approval of the appropriate Department Head or appointing authority as provided in Paragraph 24-11 C herein. Employees must use earned vacation days by the end of each fiscal year,except that an employee may carry over up to a maximum of three(3)earned but unused vacation days into the next fiscal year.At no time may any employee accumulate more than 3 vacation days beyond his or her annual allotment PASSED UNANIMOUS. ARTICLE 9. MOVED AND SECONDED To see if the Town will vote to adopt the attached APPENDIX A,dated October 4,2006(attached),which establishes ten(10)Grades for Classification of Existing Positions,along with Salary Ranges in all Cordes to establish the Determination of Compensation for all positions within the Town in accordance with Town of Newbury Personnel Bylaws,as set forth in Chapter 24&25-Classification Plan,Paragraph R-C'l�ssification of Existing Positions.Comeensation Plan.Paragraph A-AMLorily and Paragraph B-Determination of Compensation or act in relation thereto. AN AMENDMENT TO THE ARTICLE WAS MOVED BY PERSONNEL BOARD CHAIRMAN DON BADE BECAUSE OF A TYPOGRAPHICAL ERROR.SHOULD READ: To see if the Town will vote to adopt the attached APPENDIX A,dated October 4,2006(attached),which establishes ten(10)Grades for Classification of Existing Positions, along with Salary Ranges in all Grades to establish the Determination of Compensation for all positions within the Town in accordance with Town ofNewbury Personnel Bylaws,as set forth in Chapter 24-5-Classification Plan,Paragraph B- Classification of Existing Positions.Chapter 24—6 Compensation Plan Paragraph A-AgLm IS and Paragraph B- Determination of Compensation:or act in relation thereto. AMENDMENT SECONDED AND PASSED UNANIMOUS. 1 Town of Newbury Classification Plan APPENDIX A GRADE MINIMUM MIDPOINT MAXIMUM 20,2 $32,20 $41.05 $49,90 $66,976 $85,384 $103,792 19.2 $2718 $34.79 $42.29 $56,742 $7 2,363 $87,963 1&2 $2312 $29.48 $35,84 $48,090 $61,318 $74,547 181 $19.60 $24,98 $3037 $40.768 $51,958 $63,170 1T3 $23,12 $29.48 $35-84 $48,090 $611.318 $74,547 17,2 $19.60 $24.98 $30,37 $40,768 $51,958 $63.170 17.1 $17.04 $21,72 $26,41 $35,443 $45.178 $54,933 16.3 $19,60 $24.98 $30,37 W7768 $51,958 $63.170 16,2 $17,04 $21.72 $26.41 $35,443 $45,178 $54,933 16.1 $14.82 $18,90 $22.97 $30,826 $39.312 $47,77 78 5.'3 $17,04 $21.72 $26.41 $35.443 $45.178 $54,933 $14,82 $18.90 $22,97 $30,826 $39,312 $47,778 1 S 1 $12,88 $16.75 $20 61 to $26,71W $34,840 $42,869 Town of Newbury Classification Plan APPENDIX A 14:3 $14.82 $18.90 $22.97 $30,826 $39,312 $47,778 14.2 $12,88 $16.75 S20.61 , $26,790 $34,840 $42.869 14.1 $11.71 $14.93 $18.15 $24,357 $31,054 $37,752 13.3 $12.88 $16.75 $20,61 $26,790 $34,840 $42,869 112 $11.71 $14,93 $18.15 $24,357 $31.054 $37,752 13.1 $10.65 $13.58 $18.60 $22,152 $28,246 $34,320 12.3 $11.71 $14.93 $18.15 $24,357 $31,054 $37,752 122 $10.65 $13.58 $16.50 $22,152 $28,246 $34,320 12.1 $9.68 $12.34 $15.00 $20,134 $25,667 $31.200 11.2 $9.68 $12.34 $15,00 , $20,134 $25,667 $31,200 4-Oct-06 ARTICLE WITH AMENDMENT PASSED UNANIMOUS. ARTICLE 10.MOVED AND SECONDED To see if the Town will raise and appropriate,appropriate from free cash or transfer from available funds the sum of$178,979 for the purpose of paying Essex County assessments for fiscal year 2007;or act in relation thereto. VOTED TO RAISE AND APPROPRIATE THE SUM PASSED UNANIMOUS. MOTION TO ADJOURN MEETING SECONDED AND PASSED UNANIMOUS AT 9:25 PM. 149 VOTERS CHECKED IN. ATRUE COPY ATTEST; -,f. DONNA R. STEFANILE,TOWN CLERK TOWN OF NEWBURY ANNUAL ELECTION MAY 8,2007 ESSEX SS: TO: ONE OF THE CONSTABLES FOR THE TOWN OF NEW13URY 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 OUR RESPECTIVE VOTING DISTRICTS ON MAY 8,2007 TO VOTE ON THE FOLLOWING POSITIONS: SELECTMAN—3 YEARS, ASSESSOR—3 YEARS,BOARD OF HEALTH—3 YEARS,CONSTABLE—4 YEARS,FISH COMMISSIONER—3 YEARS,LIBRARY TRUSTEE—3 YEARS,PLANNING BOARD—5 YEARS, TREE WARDEN—1 YEAR,TRUSTEE FIRST SETTLERS BURIAL GROUND—3 YEARS,TRITON REGIONAL SCHOOL COMMITTEE—NEWBURY 3 YEARS,ROWLEY 3 YEARS,SALISBURY- 3 YEARS. THE POLLS WILL BE OPEN AT 12:00 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 ELECTION. HEREOF,AND FAIL NOT,TO 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 17TH DAY OF APRIL 2007. SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST: DONNA R. STEFANILE,TOWN CLERK t 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 FOUR T M PURPOSE HEREIN NAMED. DATE: / S BOO 7 CONSTABLE;,4 .bi+�C °J7 c 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—/ Q7 CONSTABLE—�L / ANNUAL TOWN ELECTION MAY 8,2007 RESULTS PCT 1 PCT 2 TOTAL SELECTMAN FOR THREE YEARS * VINCENT J.RUSSO 358 336 594 MARC D. SIMMONS 242 243 485 ASSESSOR FOR THREE YEARS * WORTHEN H.TAYLOR JR. 481 385 866 BOARD OF HEALTH FOR THREE YEARS * ALBA L.GOULDTHORPE 458 367 825 CONSTABLE FOR FOUR YEARS * PAUL C.DAUBITZ 267 256 523 BARBARA MURRAY 308 201 509 FISH COMMISSIONER FOR THREE YEARS * CHARLES A.COLBY 498 379 877 LIBRARY TRUSTEE FOR THREE YEARS LOIS W. SMITH 465 375 840 PLANNING BOARD FOR FIVE YEARS MARTHA L.TAYLOR 440 348 788 TREE WARDEN FOR ONE YEAR * PETER W.HOLLIS 443 316 759 SEAN W.PEARSON 124 158 282 TRUSTEE FIRST SETTLERS BURIAL GROUND FOR THREE YEARS * CHERYL A.MCCARTHY 180 271 451 DOUGLAS A.NOYES 390 171 561 TRITON REGIONAL SCHOOL COMMITTEE FOR THREE YEARS NEWBURY * JOAN M.WEYBURN 243 267 510 FRANK A.CHIARAVALLOTI 352 235 587 ROWLEY EDWARD P.MAVRAGIS 292 268 560 SALISBURY DEBORAH A.CHOATE 283 270 553 TOTAL VOTERS Ilya *incumbent 23%turnout 4792 Registered voters I TOWN OF NEWBURY SPECIAL TOWN MEETING MAY 22,2007 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 M2 DAY OF MAY 2007 AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ: ARTICLE 1. To see if the Town will vote to amend Article 1 adopted at the Special Town Meeting of August 8,2000 so that it now reads- That the Town hereby authorizes the Treasurer, with the approval of the Selectmen to appropriate the sum of$14,065,000.00 for the purpose of paying the Town's portion of the costs of a joint sewer and water project with the City of Newburyport,$8,695,000.00 of which shall be used to pay costs of the extension of sewer mains to the Plum Island Service Area and$5,370,000.00 of which shall be used to pay costs of the extension of water mains to the Plum Island Service Area, in each case including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow$14,065,000.00 and issue bonds or notes therefore under Chapter 44 and/or Chapter 29C of the General Laws;that such bonds or notes as , shall be general obligations of the Town of Newbury and that such bonds or notes as well as other related obligations shall be paid for by betterments assessed against the users within the Plum Island Service Area, and not against the Town as a whole, and may be secured by local system revenues as defined in Section 1 of Chapter 20C of the General Laws; that the Treasurer with the approval of the Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to said Chapter 29C and in connection therewith to enter into a loan agreement and/or a security agreement with the Trust and the Department of Environmental Protection with respect to such loan and for any Federal or State aid available for the Project or for the financing thereof; and that the Treasurer and the Selectmen are authorized to enter into a project regulatory agreement with the Department of Environmental Protection;to expend all funds available for the Project and to take any other action necessary to carry out the Project; or act in relation thereto. 1 247 SUMMARY: This article was previously approved at the Annual Town Meeting on May 23, 2006. The purpose of the original article was to authorize the Town to issue $542,970 in sewer bonds to pay for the Town's portion of the Plum Island Water and Sewer Improvements Project. The article passed the Annual Town Meeting by declaration. However,under the by-laws in effect at that time, an actual count of the vote was required. This article is presented so that it may be re-voted and an actual count taken. FINANCE COMMITTEE RECOMMENDS ARTICLE 2. To see if the Town will vote to amend the Fiscal Year 2007 budget by appropriating in Line-Item 100-710-5910-000 a sum in the amount of$1,613,164.39 for the payment of Long Term Debt Principal; or act in relation thereto. SUMMARY: The Fiscal Year 2007 budget appropriated at the Annual Town Meeting last year included$1,309,000 in Long Term Debt Principal. However,the actual Fiscal Year 2007 Long Term Debt Principal is$1,613,164.39. This article appropriates an additional $304,164.30 to meet the Fiscal Year 2007 debt service obligations of the Town. FINANCE COMMITTEE RECOMMENDS ARTICLE 3. To see if the Town will vote to amend the Fiscal Year 2007 budget by appropriating in Line-Item 100-700-5935-000 a sum in the amount of$11,356.74 for the payment of the Cost of Bonding for the temporary funding of P.I. W&S debt service; or act in relation thereto. SUMMARY: The Fiscal Year 2007 budget appropriated at the Annual Town Meeting last year did not include an amount for the Cost of Bonding to pay certain expenses associated with the debt service for the Plum Island Water and Sewer Improvements project. This article appropriates an amount to meet the Fiscal Year 2007 cost of bonding associated with the debt service obligations of the town. Sum to be recovered from betterment payments. FINANCE COMNu it i EL RECOMMENDS ARTICLE 4. To see if the Town will vote to appropriate or transfer from the Special Assessment Revenue Fund a sum of money in the amount of$335,850.90 to the General Fund to pay the sewer portion of the debt service incurred in Fiscal Year 2007 for the Plum Island Water and Sewer Improvements Project; or act in relation thereto. SUMMARY: This article transfers funds from the betterment revenues collected by the town. These funds will pay the cost of the debt service paid in Fiscal Year 2007 for the sewer portion of the Plum Island Water and Sewer Improvements Project. 2 FINANCE COMMITTEE RECOMMENDS ARTICLE 5. To see if the Town will vote to appropriate or transfer from the Special Assessment Revenue Fund a sum of money in the amount of$283,744.44 to the General Fund to pay the water portion of the debt service incurred in Fiscal Year 2007 for the Plum Island Water and Sewer Improvements Project; or act in relation thereto. SUMMARY: This article transfers funds from the betterment revenues collected by the town. These funds will pay the cost of the debt service paid in Fiscal Year 2007 for the water portion of the Plum Island Water and Sewer Improvements Project. FINANCE COMMITTEE RECOMMENDS , ARTICLE 6. To see if the Town will transfer a sum not to exceed$467,137 from the Special Assessment Revenue Fund to the Stabilization Fund as reimbursement to the Town for principal and interest payments made in prior fiscal years to support the Plum Island Water and Sewer Improvements Project; or act in relation thereto. SUMMARY: This article reimburses the Town for debt service payments made by the Town related to the Plum Island Water and Sewer Improvements Project. The amount of $467,137 is the amount our independent auditing firm has determined is the actual cost incurred by the Town. FINANCE COMMITTEE RECOMMENDS ARTICLE 7: To see if the Town will vote to transfer from Free Cash a sum of$95,976 to the Stabilization Fund; or act in relation thereto. SUMMARY: For the first time in three fiscal years,the Town has been certified as having Free Cash from the prior fiscal year(FY2006)by the state Department of Revenue. This article transfers the amount of Free Cash certified by the state to the Stabilization Fund. ' FINANCE COMIVIITTEE RECOMMENDS ARTICLE 8: To see if the Town will vote to transfer the sum of$130,960.46 to supplement various accounts in the FY2007 budget; or take any other action relative thereto. SUMMARY: This article is an administrative measure to allow for the transfer of balances between appropriations for various departments. This article helps insure that the FY07 budget does not contain any account in deficit. FINANCE COMMITTEE RECOMMENDS 3 24 � 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 7TH DAY OF MAY 2007. SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATTEST: LT 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: 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: 4 4 TOWN OF NEWBURY SPECIAL TOWN MEETING MAY 22, 2007 RESULTS MODERATOR JOHN P. SALTER JR. CALLED THE SPECIAL TOWN MEETING TO ORDER AT 7:01 P.M. WITH A QUORUM PRESENT. COUNTERS ASSIGNED FOR THE EVENING WERE BRENDAN STOKES AND STEPHEN CUNNINGHAM. SELECTMEN CHAIRMAN DR. VINCENT RUSSO WELCOMED EVERYONE AND INTRODUCED MEMBERS AT THE FRONT OF THE ROOM AS WELL AS ACKNOWLEDGED GUESTS WHO INCLUDED; SANDY SMALL - TOWN LIBRARIAN. SANDY IS RETIRING AFTER TWENTY YEARS OF SERVICE TO THE TOWN. SHE WAS PRESENTED WITH A FRAMED PHOTOGRAPH OF THE LIBRARY AND THANKED FOR HER MANY YEARS OF DEDICATION. ALSO A SPECIAL CERTIFICATE FOR JANET NICOLAISEN IN RECOGNITION OF HER ASSISTANCE IN RESUSCITATING A MAN IN CARDIAC ARREST. FOLLOWING THE PLEDGE OF ALLEGIANCE, MODERATOR SALTER READ THE GREETING AND CONSTABLE JAMES CUNNINGHAM READ THE RETURN. ARTICLE 1. MOVED AND SECONDED To see if the Town will vote to amend Article 1 adopted at the Special Town Meeting of August 8, 2000 so that it now reads- That the Town hereby authorizes the Treasurer, with the approval of the Selectmen to appropriate the sum of $14,065,000.00 for the purpose of paying the Town's portion of the costs of a joint sewer and water project with the City of Newburyport, $8, 695,000.00 of which shall be used to pay costs of the extension of sewer mains to the Plum Island Service Area and $5,370,000.00 of which shall be used to pay costs of the extension of water mains to the Plum Island Service Area, in each case including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $14,065, 000.00 and issue bonds or notes therefore under Chapter 44 and/or Chapter 29C of the General Laws; that such bonds or notes as shall be general obligations of the Town of Newbury and that such bonds or notes as well as other related obligations shall be paid for by betterments assessed against the users within the Plum Island Service Area, and not against the Town as a whole, and may be secured by local system revenues as defined in Section 1 of Chapter 20C of the General Laws; that the Treasurer with the approval of the Selectmen is authorized to borrow all or a portion of such ail amount from the Massachusetts Water Pollution Abatement Trust established pursuant to said Chapter 29C and in connection therewith to enter into a loan agreement and/or a security agreement with the Trust and the Department of Environmental Protection with respect to such loan and for any Federal or State aid available for the Project or for the financing thereof; and that the Treasurer and the Selectmen are authorized to enter into a project regulatory agreement with the Department of Environmental Protection; to expend all funds available for the Project and to take any other action necessary to carry out the Project; or act in relation thereto. SUMMARY: This article was previously approved at the Annual Town Meeting on May 23, 2006. The purpose of the original article was to authorize the Town to issue $542, 970 in sewer bonds to pay for the Town's portion of the Plum Island Water and Sewer Improvements Project. The article passed the Annual Town Meeting by declaration. However, under the by-laws in effect at that time, an actual count of the vote was required. This article is presented so that it may be re-voted and an actual count taken. FINANCE COMMITTEE RECOMMENDS CARRIED WITH A HAND COUNT VOTE OF YES - 92, TO NO - 1. ARTICLE 2. MOVED AND SECONDED To see if the Town will vote to amend the Fiscal Year 2007 budget by appropriating in Line-Item 100-710-5910-000 a sum in the amount of $1, 613, 164.39 for the payment of Long Term Debt Principal; or act in relation thereto. SUMMARY: The Fiscal Year 2007 budget appropriated at the Annual Town Meeting last year included $1,309,000 in Long Term Debt Principal. However, the actual Fiscal Year 2007 Long Term Debt Principal is $1, 613, 164.39. This article appropriates an additional $304,164.30 to meet the Fiscal Year 2007 debt service obligations of the Town. FINANCE COMMITTEE RECOMMENDS CARRIED UNANIMOUS. 251 ARTICLE 3. MOVED AND SECONDED To see if the Town will vote to amend the Fiscal Year 2007 budget by appropriating in Line-Item 100-700-5935-000 a sum in the amount of $11,356.74 for the payment of the Cost of Bonding for the temporary funding of P.I. W&S debt service; or act in relation thereto. SUMMARY: The Fiscal Year 2007 budget appropriated at the Annual Town Meeting last year did not include an amount for the Cost of Bonding to pay certain expenses associated with the debt service for the Plum Island Water and Sewer Improvements project. This article appropriates an amount to meet the Fiscal Year 2007 cost of bonding associated with the debt service obligations of the town. Sum to be recovered from betterment payments. FINANCE COMMITTEE RECOMMENDS CARRIED UNANIMOUS. ARTICLE 4. MOVED AND SECONDED To see if the Town will vote to appropriate or transfer from the Special Assessment Revenue Fund a sum of money in the amount of $335, 850. 90 to the General Fund to pay the sewer portion of the debt service incurred in Fiscal Year 2007 for the Plum Island Water and Sewer Improvements Project; or act in relation thereto. SUMMARY: This article transfers funds from the betterment revenues collected by the town. These funds will pay the cost of the debt service paid in Fiscal Year 2007 for the sewer portion of the Plum Island Water and Sewer Improvements Project. FINANCE COMMITTEE RECOMMENDS CARRIED UNANIMOUS. ARTICLE 5. MOVED AND SECONDED To see if the Town will vote to appropriate or transfer from the Special Assessment Revenue Fund a sum of money in the amount of $283,744.44 to the General Fund to pay the water portion of the debt service incurred in Fiscal Year 2007 for the Plum Island Water and Sewer Improvements Project; or act in relation thereto. SUMMARY: This article transfers funds from the betterment revenues collected by the town. These funds will pay the cost of the debt service paid in Fiscal Year 2007 for the water portion of the Plum Island Water and Sewer Improvements Project. FINANCE COMMITTEE RECOMMENDS CARRIED UNANIMOUS. ARTICLE 6. MOVED AND SECONDED To see if the Town will transfer a sum not to exceed $467, 137 from the Special Assessment Revenue Fund to the Stabilization Fund as reimbursement to the Town for principal and interest payments made in prior fiscal years to support the Plum Island Water and Sewer Improvements Project; or act in relation thereto. SUMMARY: This article reimburses the Town for debt service payments made by the Town related to the Plum Island Water and Sewer Improvements Project. The amount of $467, 137 is the amount our independent auditing firm has determined is the actual cost incurred by the Town. FINANCE COMMITTEE RECOMMENDS CARRIED UNANIMOUS. ARTICLE 7: MOVED AND SECONDED To see if the Town will vote to transfer from Free Cash a sum of $85, 976 to the Stabilization Fund; or act in relation thereto. SUMMARY: For the first time in three fiscal years, the Town has been certified as having Free Cash from the prior fiscal year (FY2006) by the state Department of Revenue. This article transfers the amount of Free Cash certified by the state to the Stabilization Fund. FINANCE COMMITTEE RECOMMENDS CARRIED UNANIMOUS. 152 ARTICLE 8: MOVED AND SECONDED To see if the Town will vote to transfer the sum of $130, 960.46 to supplement various accounts in the FY2007 budget; or take any other action relative thereto. SUMMARY: This article is an administrative measure to allow for the transfer of balances between appropriations for various departments. This article helps insure that the FY07 budget does not contain any account in deficit. FINANCE COMMITTEE RECOMMENDS FRANK REMLEY, CHAIRMAN OF THE FINANCE COMMITTEE ASKED THAT ARTICLE BE AMENDED AS FOLLOWS: I Move that the Town vote to transfer the sum of $136,353.46 to supplement various accounts in the FY2007 budget as follows: Transfer from the following line items the following amounts: From Accountant's Expense $10, 000.00 From Finance Director's Salary $4, 970.00 From the Personnel Board $1,593.75 From Town Hall Administrative $7, 488.00 From Highway Labor Wages $5,000.00 Short-Term Debt Interest $30,356.00 Snow Removal Wages $17,000.00 Long-Term Debt Interest $58,245.71 Chapter 59 RE Deduct over 60 $1,700.00 To the following line items the following amounts: Accountant's Salary $14, 970.00 Assessor' s Wages $1,593.75 Assessor' s Expense $1,538.00 Legal Services $10,000.00 Tree Warden Expense $3,500.00 Insurance Expense $25,000.00 Snow Removal Expenses $41,463.50 Plumbing Inspector Fees $9,365.00 Call Fire #2 $5,393.00 Planning Board Wages $1,398.80 Planning Board Expense $500.00 Merr. Val. Plan Comm. Expense $0.41 Zoning Board of Appeal Wages $250.00 Street Lighting $8, 875.00 Medicare Town Expense $9,700.00 Waterways Expense $2,806.00 AMENDMENT SECONDED AND PASSED UNANIMOUS. ARTICLE WITH AMENDMENT PASSED UNANIMOUS. MOTION TO ADJOURN MEETING SECONDED AND PASSED UNANIMOUS AT 7:25 P.M. 100 VOTERS CHECKED IN. /AT�',RUE COPY ATTEST: /N,//^�� ,;Pr, �R�. STEFANItE � 53 TOWN OF NEWBURY ANNUAL TOWN MEETING MAY 22, 2007 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 22nd DAY OF MAY AT 7:15 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 AND TAKE FROM FREE CASH AND OTHER AVAILABLE FUNDS$8,033,796 FOR THE OPERATION OF THE TOWN IN FISCAL 2008; OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS FY 07 FY 08 CHANGE MODERATOR'S SALARY 100 100 0 SELECTMEN'S SALARIES 7,500 15,000 7,500 SELECTMEN'S EXPENSE 5,000 5,000 0 SELECTMEN'S SECRETARY 39,971 43,029 3,058 TOWN HALL ADM SERVICE 15,000 -0- -15,000 RESERVE FUND 213,027 135,000 -78,027 FINCOM EXPENSES 250 300 50 ACCOUNTANT'S SALARY 43,530 54,761 11,231 ACCOUNTANT'S EXPENSE 25,000 9,000 -16,000 FINANCE DIRECTOR SALARY 70,000 88,750 18,750 FINANCE DEPARTMENT EXPENSE 36,175 42,800 6,625 FINANCE DEPARTMENT WAGES 0 20,250 20,250 ASSESSOR'S SALARY 9,889 9,890 1 ASSESSOR'S WAGES 39,140 43,001 3,861 ASSESSOR'S EXPENSE 59,462 62,150 2,688 AUDIT TOWN BOOKS 35,000 25,000 -10,000 COLLECTOR'S SALARY 25,880 -0- -25,880 TREASURER-COLLECTOR WAGES 30,051 37,900 7,849 LEGAL EXPENSE 75,000 75,000 0 PERSONNEL BOARD 3,500 3,000 -500 TOWN CLERK'S SALARY 41,642 49,921 8,279 TOWN CLERK'S WAGES 32,996 37,355 4,359 TOWN CLERK STIPEND 1,000 1,000 0 TOWN CLERK'S EXPENSE 7,600 8,000 400 TOWN CODE BOOKS 4,000 4,000 0 ELECTION EXPENSE 9,600 9,600 0 REGISTRARS VOTERS SALARIES 750 750 0 REGISTRARS VOTERS EXPENSE 5,000 5,000 0 CONSERVATION COMM. WAGES 8,495 11,157 2,662 CONSERVATION COMM. AGENT SALARY 32,445 47,174 14,729 CONSERVATION COMM. EXPENSE 3,800 7,000 3,200 TREE WARDEN SALARY 3,000 3,000 0 TREE WARDEN EXPENSE 14,000 14,000 0 CLAM FLATS EXPENSE/WAGES 5,185 5,185 0 PLANNING BOARD WAGES 51,500 57,564 6,064 PLANNING BOARD EXPENSE 3,500 5,500 2,000 MERRIMACK VALLEY PLANNING COMM. 2,139 2,177 38 ZONING BOARD OF APPEALS -WAGES 650 900 250 ZONING BOARD OF APPEALS - EXPENSE 500 500 0 TOWN HALL MAINT. -WAGES 11,800 11,800 0 TOWN HALL MAINT. - EXPENSE 56,620 50,000 -6,620 PUBLIC BUILDING MAINTENANCE 47,432 45,030 -2,402 1 254 TOWN REPORTS 3,000 3,000 0 INSURANCE EXPENSE 130,000 145,000 15,000 POLICE DEPARTMENT WAGES 1,003,744 1,083,668 79,924 EMERGENCY MGT DIRECTOR SALARY 5,000 5,000 0 POLICE EXPENSE 103,600 108,700 5,100 FIRE PROTECTION-WAGES-P#1 91,500 97,760 6,260 FRIE PROTECTION-WAGES-P#2 86,965 89,004 2,039 CALL FIRE P# 1 68,600 70,658 2,058 CALL FIRE P#2 68,607 70,658 2,051 FIRE PROTECTION-FLAT RATE-P#1 74,750 74,750 0 , FIRE PROTECTION-FLAT RATE-P#2 74,750 74,750 0 FOREST FIRES-P# 1 2,500 2,500 0 FOREST FIRES-P#2 2,500 2,500 0 FIRE ALARM MAINT. EXPENSE 6,000 7,000 1,000 HYDRANT SERVICE 11,475 11,475 0 AMBULANCE SERVICE 15,000 15,000 0 BUILDING INSPECTOR SALARY 55,000 55,000 0 ASST. BUILDING INSPECTOR 8,742 8,985 243 BUILDING INSPECTOR WAGES 5,000 7,438 2,438 BUILDING INSPECTOR EXPENSE 6,000 7,500 1,500 GAS INSPECTOR'S EXPENSE 7,500 7,500 0 PLUMBING INSPECTOR'S EXPENSE 10,000 10,000 0 SEALER OF WEIGHTS & MEASURES 2,500 2,500 0 WIRE INSPECTOR'S EXPENSE 23,500 20,000 -3,500 CIVIL DEFENSE 1,500 1,500 0 ACO SALARY 17,108 17,108 0 PARKING CLERK'S SALARY 2,400 2,400 0 PARKING CLERK'S EXPENSE 600 600 0 TRITON REGIONAL CAPITAL IMPROV. 201,920 181,953 -19,967 HIGHWAY LABOR 384,026 407,171 23,145 SNOW REMOVAL WAGES/EXPENSE 95,000 95,000 0 STREET LIGHTING 42,000 47,000 5,000 ' HIGHWAY MAINTENANCE 80,000 80,000 0 TRUCK MAINTENANCE 95,000 95,000 0 GARAGE MAINTENANCE 25,000 25,000 0 BOARD OF HEALTH EXPENSE 267,199 273,540 6,341 BOARD OF HEALTH WAGES 55,638 57,942 2,304 PUBLIC HEALTH SERVICES EXPENSE 11,872 11,875 3 COUNCIL ON AGING WAGES 64,710 68,488 3,778 COUNCIL ON AGING EXPENSE 13,901 14,040 139 CHAPTER 59 RE REDUCTION OVER 60 4,500 0 -4,500 VETERANS SERVICES 18,000 18,000 0 NEWBURY TOWN LIBRARY WAGES 188,675 219,500 30,825 NEWBURY TOWN LIBRARY EXPENSES 77,089 84,000 6,911 375T"ANNIVERSARY COMM. 375 375 0 LIFEGUARD WAGES 47,750 47,750 0 LIFEGUARD EXPENSES 5,000 5,000 0 PARKS EXPENSE 40,000 40,000 0 HISTORIC COMMISSION 650 650 0 MEMORIAL DAY 600 600 0 COST OF BONDING 0 30,519 30,519 LONG TERM DEBT PRINCIPAL 1,309,000 1,686,195 377,195 SHORT TERM DEBT INTEREST 35,000 27,982 -7,018 LONG TERM DEBT INTEREST 900,000 702,759 -197,241 PROP/EXCISE INTEREST 500 500 0 , CHERRY SHEET CHARGES 178,979 162,420 -16,559 HEALTH & DENTAL INSURANCE 481,601 536,389 54,788 EMPLOYEE LIFE INSURANCE 1,806 1,900 94 FICA MEDICARE 58,000 63,750 5,750 ARTICLE 2 TOTALS 7,651,761 8,033,796 382,035 2 251 ARTICLE 3. TO SEE IF THE TOWN WILL APPROPRIATE OR TRANSFER FROM THE SPECIAL ASSESSMENT REVENUE FUND A SUM OF MONEY IN THE AMOUNT OF$400,078,34 TO THE GENERAL FUND TO PAY THE SEWER PORTION OF THE DEBT SERVICE IN FISCAL YEAR 2008 FOR THE PLUM ISLAND WATER AND SEWER IMPROVEMENTS PROJECT;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE OR TRANSFER FROM THE SPECIAL ASSESSMENT REVENUE FUND A SUM OF MONEY IN THE AMOUNT OF$255,889.80 TO THE GENERAL FUND TO PAY THE WATER PORTION OF THE DEBT SERVICE IN FISCAL YEAR 2008 FOR THE PLUM ISLAND WATER AND SEWER IMPROVEMENTS PROJECT;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $7,852,964 FOR THE PURPOSE OF FUNDING THE ASSESSMENT TO THE TOWN BY THE TRITON REGIONAL SCHOOL DISTRICT FOR FY2008;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $148,085 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY08 ASSESSMENT TO NEWBURY;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 7. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $334,181 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 2008;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 8. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $3,355 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 2007;OR ACT IN RELATION THERETO. 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;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 10. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF$206,036 FROM CHAPTER 90 AVAILABLE FUNDS FOR USE BY THE DEPARTMENT OF PUBLIC WORKS;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 11. 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$5,000 DURING THE NEXT FISCAL YEAR FOR ANIMAL CONTROL EXPENSES OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 12. 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 $51,551 DURING THE NEXT FISCAL YEAR OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS 3 256 ARTICLE 13. To see if the Town will vote to accept Chapter 79 of the Acts of 2006(G.L,c.39, § 23D) for all types of adjudicatory hearings conducted by any municipal board,committee or commission of the Town,said statute reads as follows[Section 23D. (a) Notwithstanding any general or special law to the contrary,upon municipal acceptance of this section for 1 or more types of adjudicatory hearings a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the manner solely due to that member's absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote,the member shall certify in writing that he has examined all evidence received at the missed session,which evidence shall include an audio or video recording of the missed session or a transcript thereof The written certification shall be part of the record of the hearing. Nothing in this section shall change,replace,negate or otherwise supersede applicable quonun requirements. (b) By ordinance or by-law,a city or town may adopt minimum , requirements for attendance at scheduled board,committee,and commission hearings under this section.]; or act in relation thereto. ARTICLE 14. To see if the Town will vote to accept General Laws,Chapter 41, section 110A,which,in substance,provides that any public office of the Town may remain closed on any or all Saturdays as may be determined from time to time,and that,in such cases,the provisions of the holiday statute,General Laws, Chapter 4, Section 9,shall apply to the same extent as if such Saturday were a legal holiday;or act in relation thereto. ARTICLE 15. To see if the Town will vote to accept the last paragraph of General Laws,Chapter 59, section 5,clause twenty-second E,which,in substance,allows persons who qualify as soldiers and sailors and their spouses and surviving spouses of soldiers and sailors who lost thew lives in combat and certain disabled veterans who qualify for certain real estate tax exemptions to reside in Massachusetts for one year prior to the date of filing for such exemptions(as opposed to five years as a resident as is now applicable),to be effective for exemptions granted beginning in fiscal year 2008;or act in relation thereto. ARTICLE 16. To see if the Town will vote to amend Chapter 34 of the Town By-Laws(Town Meetings) by replacing the present Section 34-1 thereof(Meeting times designated)with the following: § 34-1. Meeting times designated. The Annual Town Election shall be held on the second Tuesday in May and the Annual Town Meeting shall be held on the fourth Tuesday in May; or act in relation thereto. ARTICLE 17. To see if the Town will vote amend the Town By-Laws,Chapter 1,GENERAL ' PROVISIONS,by replacing Article 11, § 1-5 thereof(Non-Criminal Disposition)with the following: § 1-5. Non-criminal disposition. Any By-Law of the Town of Newbury,or Rule or Regulation of its officers,boards,committees or departments,the violation of which is subject to a specific penalty may,in the discretion of the Town official who is the appropriate enforcing person,be enforced in the method provided for in Massachusetts General Laws, Chapter 40, Section 21D. The non-criminal penalty for each such violation,if not otherwise specified below, shall be$100.00. As used herein the term"enforcing person"shall mean any Police Officer of the Town of Newbury with respect to any offense, and the Building Inspector,Harbormaster or Assistant Harbormasters,Animal Control Officer,the Board of Health or its designees,the Conservation Commission or its designees,and such other officials as the Board of Selectmen may from time to time designate,each with respect to violations of any By- Laws and/or rules and regulations within their respective jurisdictions. If more than one official has jurisdiction in any specific case,any such official may be an enforcing person with respect thereto. The specific penalties listed below shall apply in appropriate cases and in addition to police officers,who shall in all cases be considered an enforcing person for the purposes hereof,the municipal officials listed for each section,if any,shall also be enforcing persons for such sections. Each day on which any violation exists shall be deemed to be a separate offense. 1. Alcoholic Beverages,Chanter 41: Enforcing Derson: Police Officers , Fine schedule:$100.00. 2. Beaches,Chanter 45: Enforcing Derson: Police Officers Fine schedule: Sections 45-2 and 45-3(Vehicles and Littering prohibited)-$100.00; Sections 45-4 and 45-5 (Games restricted and Fires prohibited-$50.00;Section 45-6(Animals restricted)-$25.00 first offense,$35.00 second offense,$50.00 third and subsequent offenses; Sections 45-7 and 45-8(Balls and other objects restricted and Camping prohibited)-$20.00. 4 257 3. Dogs and Other Animals,Chanter 56: Enforcing person: Animal Control Officer,Police Officers Fine schedule: Section 56-1 (Licensing)-$10.00 per month;Section 56-2(Running at Large)- $25.00 first offense,$50.00 second offense, $100.00 third and subsequent offenses. 4. Earth Removal, Chapter 60: Enforcing person: Building Inspector,Police Officers Fine schedule: $100.00. 5. Hunting, Chanter 67: Enforcing person: Police Officers Fine schedule: $20.00. 6. Junk Vehicles, Chanter 71,Article II: Enforcing person: Police Officers Fine schedule: $50.00. 7. Peace and Good Order,Chanter 82: Enforcing person: Police Officers Fine schedule: $100.00. 8. Solid Waste,Chapter 86: Enforcing person: Board of Health,Health Agent,Police Officers Fine schedule: $300.00. 9. Streets,Sidewalks and Commons, Chapter 88: Enforcing person: Police Officers Fine schedule: $100.00. 10. Tobacco Products(on school property),Chapter 90: Enforcing person: Police Officers Fine schedule: $100.00 first offense or,at violators option,attend approved tobacco education program in lieu of fine,$100.00 second and subsequent offenses. 11. Vehicles and Traffic,Chapter 93: Enforcing person: Police Officers Fine schedule: Article IV(parking)-$20.00;Article VI(house numbering)—warning for first offense, $35.00 second and subsequent offenses. 12. Wetlands,Chapter 95: Enforcing person: Conservation Commission,Conservation Agent,Police Officers Fine schedule: $100.00. 13. Zoning,Chapter 97: Enforcing person: Building Inspector,Police Officers Fine schedule: $100.00. 14. Animal Regulations,Chapter 109: Enforcing Derson: Animal Control Officer,Board of Health,Health Agent,Police Officers Fine schedule: Article I(disposal of waste)-$15.00 first offense, $25.00 second offense, $50.00 third and subsequent offenses;Article II(restrictions of dogs on public beach)$25.00 first offense,$35.00 second offense,$50.00 third and subsequent offenses. 5 258 15. Water Svstems and SuDDIV Resulations. Chanter 120: Enforcine nerson: Board of Health,Health Agent,Police Officers Fine schedule: Article I(wells and leaching systems)-$20.00;Article H(system regulations)- $50.00. 16. Waterways Reeulations.Chanter 122: Enforcine Derson: Harbormaster,Assistant Harbormasters,Police Officers , Fine schedule: Refusal to obey lawful order of Harbormaster or Assistant Harbormaster-$300.00; placement of a mooring,float or dock without permit 4100.00;reckless/negligent operation of a vessel- $100.00;pollution of waterways or dumping waste material- $300.00;failure to remove abandoned,sunk or unsafe vessel-$100.00;sublet of private mooring-$300.00;all others-$50.00; or act in relation thereto. ARTICLE 18. To see if the Town will vote,pursuant to G.L.c.41,§ 106B,to adopt the following By- Law: Chapter 12 Capital Planning Committee § 12-1. Committee Appointed;terms. There is hereby established a Capital Planning Committee consisting of the Director of Municipal Finance,two members of the Finance Committee annually chosen by it,and two members appointed by the Selectmen from among the registered voters of the Town,who shall be appointed for a term of two years on a staggered basis so that one such member's term expires each year. Any vacancy shall be filled for the unexpired term in the manner of the original appointment. The Capital Planning Committee shall annually choose a chairman and such other officers as it deems appropriate. ' § 12-2. Powers and duties. It shall be the duty of the Capital Planning Committee to develop a long-range capital planning program to serve as a guideline for capital improvements in the Town with an eye towards ensuring the maintenance of its public infrastructure and planning for new capital improvements. The Capital Planning Committee shall be specifically concerned with physical facilities such as land,buildings,or other structures,as well as pieces of equipment requiring a relatively large investment and having a relatively long useful life. The first capital plan covering the fiscal years 2009-2014 inclusive shall be submitted to the Board of Selectmen and Finance Committee at the same time as the submission of the fiscal year 2009 annual budget and shall take effect,once approved,on July 1,2008. The first capital plan and an updated five year plan shall be submitted each year as aforesaid, and included in the Warrant for consideration by the Annual Town Meeting. The Committee will meet as often as necessary to review capital needs and requests and to update the plan. The Committee shall also recommend appropriate methods of financing the proposed capital improvements and shall summarize in more general terms the major improvements anticipated during the five-year period. Guidelines for the planning process,defining what constitutes a capital improvement for the purposes of this by-law, specifying minimum cost and useful life of capital improvements to be considered in the plan,the proportion of the total budget to be devoted to outstanding and current capital projects,and any restrictions of methods of financing, shall also be established on the recommendations of the Capital Planning Committee; or act in relation thereto. ARTICLE 19. To see if the Town will vote to grant to Marcia F.Pike at no cost an easement to maintain the building in its present location at 18 Jackson Way shown as Lot D on a plan entitled:"Plan of Land in Newbury,MA. (County of Essex)Surveyed for Dorothy W.Dumont,Scale 1"equals 40',February 23, 1993, Rev:6-30-93,Rev.:10-8-93"said plan being recorded in Essex South District Registry of Deeds,Plan Book , 286,Plan 57. The easement area being that portion of her house which extends onto Jackson Way,a public way accepted by the Town of Newbury. All as shown on said Plan. The easement is appurtenant to the land at 18 Jackson Way,as more particularly described in the deed to the said Marcia F.Pike dated February 14, 1995,and recorded in Book 12921,Page 277 at the Essex South District Registry of Deeds. See also"Easement Plan Newbury MA Tax Map U01, 158B,Prepared for Marcia Pike, Site Address: 18 Jackson Way,Newbury,MA 10951, Scale I"equals 10' January 17, 2007,Pembroke Land Survey Company, A Division of Hancock Associates". 6 259 The easement area is bounded and described as follows: Beginning at a point on Lot D and Jackson Way and proceeding in a Southerly direction N 15 degrees 27'56"W 13.54 feet;then Southeasterly N 68 degrees 29'03"W 10.83 feet;then Easterly S 74 degrees 49'47"W 15.60 feet;then Northerly by Lot D 5.07 feet. The proposed existing use easement being 200 square feet more or less,according to said Plan. The Board of Selectmen is hereby authorized to execute any and all instruments as may be necessary to effect the granting of the above described easement; or act in relation thereto. ARTICLE 20. To see if the Town will vote to authorize the Board of Selectmen,at no cost to the Town,to negotiate to purchase a parcel of land on Plum Island for the purpose of constructing buildings for housing public safety vehicles and handicapped accessible rest rooms and to provide parking for residents of the Town with any funds that may be donated or granted;or act in relation thereto. ARTICLE 21. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation relative to directing the Massachusetts Bay Transit Authority to discontinue the use of the railroad tracks between Hanover Street and the Route 1 cell tower for the purpose of docking its commuter rail trains;and to request that the Board of Selectmen investigate and enforce such laws as may be applicable to the noise resulting from the docking and idling of trains within the confines of the Town of Newbury. It is further resolved that,if no immediate solution can be attained,the Massachusetts Bay Transit Authority should forthwith take steps to soundproof windows of residents in the affected area and/or erect appropriate sound barriers along the railroad tracks. The docking station should be moved from the present location in the Residential Commercial Zone to the Industrial Zone on the opposite side of Route 1;or act in relation thereto. (by petition of Janet Fraser and over ten others) ARTICLE 22. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation relative to directing the Massachusetts Bay Transit Authority to discontinue the use of the railroad tracks between Hanover Street and the Route 1 cell tower for the purpose of docking its commuter rail trains;and to request that the Board of Selectmen investigate and enforce such laws as may be applicable to the noise resulting from the docking and idling of trains within the confines of the Town of Newbury. It is further resolved that,if no immediate solution can be attained,the Massachusetts Bay Transit Authority should forthwith take steps to soundproof windows of residents in the affected area and/or erect appropriate sound barriers along the railroad tracks.The docking station should be moved from the present location in the Residential Commercial.Zone to the Industrial Zone on the opposite side of Route 1. Furthermore,the Town should not approve any projects north and south bound on Route 1 or any projects under the aegis of the Little River Transit Village until a permanent solution to the docking station problem is found;or act in relation thereto. (by petition of Janet Fraser and over ten others) ARTICLE 23. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS, TO REORGANIZE CHAPTER 97 - ZONING OF THE TOWN OF NEWBURY'S BYLAWS, AS FOLLOWS: Summary of the 2007 Reorganization of Chapter 97—Zoning of the Town of Newbury's By-Laws. Newbury's Zoning By-Laws as found in Chapter 97 of Newbury's By-Laws and as presently published have arrived in their present form by a process of accretion. This process has resulted in a group of by-laws that are in no particular logical order and often have related specifics such as use regulations, lot dimensions and parking requirements scattered through several different articles. Consequently it is deemed prudent to eliminate these imperfections and improve the zoning by-law's usability. The reorganized version of the by-laws is basically a reordering and consequential renumbering of the original by-laws text. In this reorganized version no substantive changes have been made to the text that would change the meaning or intent of any of the by-law articles. Proposed revisions that would change the meaning or intent will be addressed as separate warrant items to be presented later. A number of additions and usage changes have been made to achieve a more coherent and user- friendly ordering of the by-laws. The following items have been either added or changed: 1. The Overlay Districts have been grouped together. See Article IV, Section 97-4. 7 2. All Special Permits have been grouped together in one section. See Article V, Section 97-5. 4. The Sexually Oriented Business District zone has been renamed Adult Business. It retains the original location and written description of that location. See Article IV, Section 97-4.F. 5. A table of Lot Dimensions pertaining to each zone has been created to bring together these items. See Article VI, section 97-6.A. , 6. A table of Parking Space Requirements by zone has been created. See Article VII, section 97-7.13. 7. All definitions of terms have been arranged alphabetically in one section. See Article XI, section 97-11.13. Or act in relation thereto. ARTICLE 24. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS,TO REPLACE SECTION 97-8 SIGNS REGULATIONS IN CHAPTER 97—ZONING OF THE TOWN OF NEWBURY'S BYLAWS,WITH THE FOLLOWING: ARTICLE VIII—SIGNS §97-8 SIGN REGULATIONS A. Purpose. The purpose of this Article is to allow such signs as are designed to: (1) Preserve and enhance the appearance of the Town of Newbury and protect our investment in buildings and open space. (2) Encourage sound signing practices for business identification and public information. (3) Prohibit excessive and confusing sign displays. ' (4) Eliminate potential hazards to motorists and pedestrians created by distracting and inappropriate sign displays. (5) Provide commercial signing which is used primarily as identification and not as advertising. B. Definitions. The term"sign"shall include any fabricated or outdoor display structure consisting of any logo,letter, character, design, reading matter,or illuminating device;constructed,fastened or manufactured so that the same shall be used for the attraction of the public to any place,firm,public performance,or merchandise and displayed for advertising purposes. As used in this section,the following words and terms shall have the following meanings: (1) Advertising Display Area—the copy area encompassed within any simple geometrical figure which would enclose all parts of the sign. It shall not include any structural supports for the sign except to provide a frame for it,and provided that no copy is included on such supports. In the case of two sided ground signs or freestanding signs only 50%of the total of the two sides shall count as part of the allowed sign area permitted in the applicable zone. (2) Animated Sign—any sign which attracts attention by movement,changing colors, flashing or revolving. It shall not include time-temperature signs. ' (3) Agricultural Sign—A sign which has wording to advertise products raised or grown principally on the premises and signs advertising these products which may be changed periodically. (4) Awning or Canopies—All lettering or graphics on awnings or canopies shall require a sign permit and count as part of allowed sign area. No awning or canopy shall be illuminated in such a way that the light from such illumination is directly visible through the canopy or awning. (5) Directional Signs—any sign located on the premises to provide for the safe flow of vehicular and pedestrian traffic upon said premises. 8 261 (6) Freestanding Sign—any mobile or portable sign not securely attached to the ground or any building and intended for temporary purposes. (7) Ground Sign—any permanent sign which is erected on supports in the ground and not attached to any building. (8) Non-commercial use—a sign containing no commercial message or intent,such as a"no trespassing"sign;or a sign qualifying under a"freedom of speech" provision(e.g. a sign expressing a belief or sentiment). (9) Roof Sign—any sign which is erected so as to project higher than the cornice of the building on which it is erected. (10) Off-Premise Sign—any sign erected to advertise or give directions to an establishment or merchandise which is not sold,produced,manufactured or furnished at the property on which the sign is located. (11) Projecting Sign—any sign attached to a building which projects more than twelve (12)inches from a building wall and is intended to be read from the side. (12) Wall Sign—any sign painted or permanently attached to and parallel with the wall of a building and extending not more than twelve(12)inches from the wall of the building. (13) Window Sign—any sign installed on or attached to a window of a building and intended to be viewed from the outside of the building. C. Prohibitions. The following types of sign are not allowed: (1) Animated signs (2) Roof signs (3) Off-premise sign,except as follows: signs indicating locations of places of public assembly or interest such as churches,schools,museums,libraries,fraternal or civic organizations; provided they are otherwise in conformity with this bylaw. Off-premise Agricultural Purpose signs are permitted subject to the rules and regulations contained in"A Guide to Highway Signage for Agricultural Purposes In the Town of Newbury"—see Section 97-8.B(6). (4) Signs containing red or green lights,except for holiday signs. (5) Signs purposefully erected upon motor vehicles,trailers,or other movable objects regularly or recurrently located with the intent of fixed display. (6) Signs illuminated between the hours of 11:00 p.m.and 7:00 a.m.,unless such premise is open to the general public during these hours. (7) Signs illuminated so as to cast a glare onto any portion of a way which would create a traffic hazard.. Nor shall any sign cause direct illumination of adjacent property. Signs may be illuminated by the following means unless noted otherwise in a specific zone. (a) Externally,by a steady,stationary white light shielded and directed solely at the sign. (b) By interior lighting of reasonable intensity. (8) Signs erected within the right of way of any street except for traffic control and as specified in 97-8.B(3)above. (9) No sign of any kind shall be attached to a public utility pole. D. Permits. (1) No sign shall be erected until Sign Permit has been issued by the Building Inspector,except for those exempt signs described in Section 97-8.17 of this Bylaw. (2) Site Plan Review if required in the district in which the sign will be located,shall 9 262 show building location and height,entrances and exits. Parking arrangements, loading areas, sign location and height and a detailed drawing of the proposed sign shall accompany application. (3) All Sign Permits issued under this Bylaw shall be retained at all times on the premises. E. General Requirements. (1) No sign in any district shall exceed 25 feet in height or be higher than the main roof line of the building,whichever is greater. , (2) No sign shall project over or extend beyond the property line. (3) No sign shall be erected so as to obstruct the vision of vehicular traffic entering or exiting the premises. (4) In all districts,ground signs shall be set back a minimum of 10 feet from the traveled way or from the property line. (5) Agricultural Purpose Signs: in all districts,the placement,size and type of sign shall conform to Section 97-8.I,Business Districts,and to the rules and regulations set forth in"A Guide to Highway Signage for Agricultural Purposes in the Town of Newbury"which may be amended from time to time by vote of the Planning Board. F. Exempt Signs. The following types of signs shall be exempt from the provisions of this bylaw,except for construction and safety regulations: (1) Public Signs: Signs of a non-commercial nature and in the public interest erected by,or on the order of,a public official in the performance of his public duty, such as safety signs,danger signs,trespassing signs,traffic signs,street signs,memorial plaques,signs of historical interest,signs designating a public project or improvement program and the like. (2) Integral Signs: Names of buildings,dates of erection,monumental citations, , commemorative tablets and the like when carved into stone,concrete,or similar material or made of bronze,aluminum or other permanent-type construction and made an integral part of the structure. (3) Identifying Signs used for 911 purposes. (4) Any sign of a non-commercial nature. Such a sign shall not exceed six(6)square feet in area. (5) Holiday signs. (6) Temporary signs: A maximum of three(3)temporary signs plus one(1) for each additional separately identifiable unit over one(1)shall be allowed per lot. All temporary signs shall not exceed six(6)feet in height and shall not exceed six(6)square feet each. Temporary signs shall beset back at least ten(10)feet from the edge of the traveled way, except where insufficient setback exists; in such cases,signs shall be attached to a building wall facing the traveled way. All temporary signage shall be removed within fourteen(14)days of the completion of any specific event or election to which they may be related. The following types of signs do not require a permit but will count toward the total number of allowed signs on a lot: (a) Construction signs: Signs identifying architects,engineers,contractors and ' tradesmen involved with the construction,and signs announcing the purpose for which the building is intended. (b) Real estate signs: Signs which advertise the sale,rental or lease of the premises or part of the premises on which the signs are displayed. (c) Political campaign signs: Signs announcing political positions or candidates seeking public office and other data pertinent thereto. (d) Temporary signs may be erected on Town owned property upon application to the Selectmen,provided all such signs are removed within fourteen(14)days of the conclusion of the event or events. Such signs shall respect the purposes set 10 263 out in Section A of this bylaw and obey the prohibitions set out in Section B of this bylaw. (7) Agricultural-Residential and Parker River Residential: Permits are not required in these zones for the following: (a) One identification sign for each dwelling unit provided: such sign shall not exceed two(2)square feet in surface area: if lighted;it shall be illuminated with a white light directed solely at the sign. (b) One identification sign for a home occupation that is registered with the Town provided;such a sign shall not exceed six(6)square feet in surface area;if lighted, it shall be illuminated with white light directed solely at the sign. (c) One identification sign for each community facility or public utility use, provided the sign shall not exceed thirty two(32)square feet in surface area;if lighted,it shall be illuminated with white light directed solely at the sign, and it shall be setback at least ten(10)feet from the street lot line. (8) All signs that do not meet the requirements in this section(Section 97-8.17)must apply for a Special Permit from the Zoning Board of Appeals. G. Agricultural-Residential and Parker River Residential Districts. (1) The following signs are allowed in all Residential Districts subject to the provisions of Section 97-8.E of this bylaw: (a) One Ground Sign for the permanent identification of a housing development of twelve or more dwellings units. The Advertising Display Area shall not exceed twenty(20)square feet. H. Commercial Highway and Commercial Highway A. The following signs are allowed in these two districts subject to the provisions of Section 97-8.E of this bylaw: (1) One(1)freestanding sign pertaining to the sale,lease or use of the lot or building on which the sign is erected. The advertising Display Area shall not exceed eighteen(18)square feet. (2) One Ground Sign for identification purposes and the advertising of goods and services available. The Advertising Display Area shall not exceed thirty-six (36)square feet. (3) One(1)Wall Sign for identification purposes. The Advertising Display Area shall not exceed one(1)square foot for every two(2)lineal feet of building wall to which it is attached. (4) Opaque window signs shall not cover more than a maximum of thirty six(36) square feet of the window glass area in which it is located. (5) In mixed use or multi-tenant buildings,sign usage shall conform to the following: (a) One(1)Ground Sign per lot for identification purposes of the building and rentable unit located therein. The Advertising Display Area shall not exceed thirty (30)square feet plus an additional four(4)square feet for each tenant located therein. (b) One(1)Wall Sign per tenant for the identification of such tenant. The Advertising Display Area shall not exceed one(1)square foot for every two(2) lineal feet of the rentable unit's wall to which it is attached. OR One(1)Projecting Sign per tenant for the identification of such tenant. The Advertising Display Area per tenant shall not exceed six(6)square feet. (c) One(1)additional Wall Sign shall be allowed at a secondary entrance from a parking area for the identification of tenants. The Advertising Display Area per tenant shall not exceed two(2)square feet. (d) One(1)Freestanding Sign pertaining to the sale,lease,or use of the lot or building on which the sign is erected. The Advertising Display Area shall not exceed eighteen(18)square feet. 11 264 I. Business Districts. The following signs are allowed in the business district subject to the provisions of Section 97-8.E of this bylaw: (1) One(1)Freestanding Sign pertaining to the sale,lease or use of the lot or building on which the sign is erected. The Advertising Display Area shall not exceed twelve(12)square feet. (2) One Ground Sign for identification purposes and the advertising of goods and , services available. The Advertising Display Area shall not exceed eighteen(18) square feet. (3) One(1)Wall Sign for identification purposes. The Advertising Display Area shall not exceed one(1)square foot for every two(2)lineal feet of building wall facing the street from which its frontage is derived. (4) Window Signs shall not cover more than twenty(20)percent of the window glass area in which it is located. (5) In mixed use or multi-tenant buildings,sign usage shall conform to the following: (a) One(1)Ground Sign per lot for identification purposes of the building and tenants located therein. The Advertising Display Area shall not exceed twenty (20)square feet. (b) One(1)Wall Display Sign per tenant for the identification of such tenant. the Advertising Display Area shall not exceed one(1)square foot for every two(2) lineal feet of the tenant's wall facing the street from which the building derives its frontage. OR One(1)Projecting Sign per tenant for the identification of such tenant. The Advertising Display Area per tenant shall not exceed three(3)square feet. (c) One(1)Freestanding Sign pertaining to the sale, lease,or use of the lot or building on which the sign is erected. The Advertising Display Area shall not , exceed eighteen(18)square feet. J. Industrial Districts. The following signs are allowed in the Industrial District subject to Section 97-8.E of this Bylaw. (1) One(1)Freestanding Sign pertaining to the sale,lease or use of the lot or building on which the sign is erected. The Advertising Display Area shall not exceed twenty-four(24) square feet. (2) One(1)Ground Sign for identification purposes. The Advertising Display Area shall not exceed thirty-six(36) square feet. (3) One(1)Wall Sign for identification purposes. The Advertising Display Area shall not exceed one(1)square foot for every two(2)lineal feet of building wall facing the street from which the building derives its frontage. K. Exceptions—only by Special Permit Upon application duly made to the Zoning Board of Appeals,said Board may in appropriate cases and subject to the general requirements set out in Section 97-8.E above and appropriate safeguards and conditions,grant a Special Permit for changes in: (1) Permitted size. , (2) Permitted setback. Such exceptions may be allowed by Special Permit granted by the Zoning Board of Appeals and are subject to the following requirements: (1) The Board finds that the increase does not detract from the character of the neighborhood. (2) The Board finds that the increase does not constitute a threat to public health and safety. (3) The proposed sign complies with all other sections of this bylaw. 12 265 L. Maintenance. (a) All Signs shall be maintained in a safe,presentable and good structural condition at all times to the satisfaction of the Building Inspector in accordance with Section 3102.5 through 3102.5.4 of the State Building Code. M. Sign Removal. (1) It shall be the responsibility of the property owner to remove any sign identifying or advertising goods and services of a discontinued business within sixty(60)days of being so notified by the Building Inspector. N. Nonconforming Signs. (1) Signs legally existing on the effective date of this article,or of any amendment hereto, may continue to be maintained;provided however that any such sign that fails to conform to the current requirements of this bylaw shall not be enlarged or relocated. (2) Such signs shall be removed or brought into conformity upon the discontinuance of the business or the failure to be maintained in accordance with Section 97-8.L and shall be removed in accordance with Section 97-8.M upon receipt of a Certified Letter from the Building Inspector. (3) There shall be no increase in any nonconformity. or act in relation thereto. ARTICLE 25. To see if the Town will vote to assume liability in the manner provided by Section 29, 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 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 26. 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. 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 7''_i DAY OF MAY, 2007. SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST: PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED,I HEREBY NOTIFY AND WARN THE INHABITANTS OF THE TOWN OF NEWBURY,QUALIFIED TO VOTE IN TOWN AFFAIRS,TO MEET AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED. DATE: CONSTABLE: 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: 13 266 TOWN OF NEWBURY ANNUAL TOWN MEETING MAY 22,2007 RESULTS MODERATOR JOHN P. SALTER JR.CALLED THE ANNUAL TOWN MEETING TO ORDER AT 7:27 P.M. AFTER THE GREETING WAS READ,CONSTABLE JAMES CUNNINGHAM READ THE RETURN. COUNTERS WERE BRENDAN STOKES AND STEPHEN CUNNINGHAM. ARTICLE 1. MOVED AND SECONDED TO ACT ON THE REPORTS OF THE SELECTMEN, , TREASURER,COLLECTOR,AUDITOR,SCHOOL COMMITTEE,SPECIAL COMMITTEES AND ALL OTHER TOWN OFFICERS. TOWN PLANNER JUDY TYMON PRESENTED TWO COMMITTEE REPORTS. THE FIRST REPORT WAS AN UPDATE FROM THE WOODBRIDGE SCHOOL FEASIBILITY STUDY COMMITTEE AND THE SECOND WAS FROM THE OPEN SPACE COMMITTEE. THE COMMITTEES WERE APPOINTED BY THE SELECTMEN TO STUDY WHAT OPTIONS THERE MIGHT BE IN REGARDS TO WHAT SHOULD BE DONE TO THE WOODBRIDGE SCHOOL AND OTHER TOWN OWNED BUILDINGS AND OFFICES AS PART OF THE MASTER PLAN GOALS. INVITATIONS WERE EXTENDED TO ALL PERSONS TO TOUR TOWN FACILITIES TO LOOK AROUND AND ASK ANY QUESTIONS. CARRIED UNANIMOUS. ARTICLE 2. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND TAKE FROM FREE CASH AND OTHER AVAILABLE FUNDS$8,033,796 FOR THE OPERATION OF THE TOWN IN FISCAL 2008;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS FY 07 FY 08 CHANGE MODERATOR'S SALARY 100 100 0 SELECTMEN'S SALARIES 7,500 15,000 7,500 SELECTMEN'S EXPENSE 5,000 5,000 0 SELECTMEN'S SECRETARY 39,971 43,029 3,058 TOWN HALL ADM SERVICE 15,000 -0- -15,000 RESERVE FUND 213,027 135,000 -78,027 FINCOM EXPENSES 250 300 50 , ACCOUNTANT'S SALARY 43,530 54,761 11,231 ACCOUNTANT'S EXPENSE 25,000 9,000 -16,000 FINANCE DIRECTOR SALARY 70,000 88,750 18,750 FINANCE DEPARTMENT EXPENSE 36,175 42,800 6,625 FINANCE DEPARTMENT WAGES 0 20,250 20,250 ASSESSOR'S SALARY 9,889 9,890 1 ASSESSOR'S WAGES 39,140 43,001 3,861 ASSESSOR'S EXPENSE 59,462 62,150 2,688 AUDIT TOWN BOOKS 35,000 25,000 -10,000 COLLECTOR'S SALARY 25,880 -0- -25,880 TREASURER-COLLECTOR WAGES 30,051 37,900 7,849 LEGAL EXPENSE 75,000 75,000 0 PERSONNEL BOARD 3,500 3,000 -500 TOWN CLERK'S SALARY 41,642 49,921 8,279 TOWN CLERK'S WAGES 32,996 37,355 4,359 TOWN CLERK STIPEND 1,000 1,000 0 TOWN CLERK'S EXPENSE 7,600 8,000 400 TOWN CODE BOOKS 4,000 4,000 0 ELECTION EXPENSE 9,600 9,600 0 REGISTRARS VOTERS SALARIES 750 750 0 REGISTRARS VOTERS EXPENSE 5,000 5,000 0 CONSERVATION COMM. WAGES 8,495 11,157 2,662 CONSERVATION COMM. AGENT SALARY 32,445 47,174 14,729 , CONSERVATION COMM. EXPENSE 3,800 7,000 3,200 TREE WARDEN SALARY 3,000 3,000 0 TREE WARDEN EXPENSE 14,000 14,000 0 CLAM FLATS EXPENSEMAGES 5,185 5,185 0 PLANNING BOARD WAGES 51,500 57,564 6,064 PLANNING BOARD EXPENSE 3,500 5,500 2,000 MERRIMACK VALLEY PLANNING COMM. 2,139 2,177 38 ZONING BOARD OF APPEALS-WAGES 650 900 250 ZONING BOARD OF APPEALS - EXPENSE 500 500 0 TOWN HALLMAINT.-WAGES 11,800 11,800 0 14 � U TOWN HALL MAINT. - EXPENSE 56,620 50,000 -6,620 PUBLIC BUILDING MAINTENANCE 47,432 45,030 -2,402 TOWN REPORTS 3,000 3,000 0 INSURANCE EXPENSE 130,000 145,000 15,000 POLICE DEPARTMENT WAGES 1,003,744 1,083,668 79,924 EMERGENCY MGT DIRECTOR SALARY 5,000 5,000 0 POLICE EXPENSE 103,600 108,700 5,100 FIRE PROTECTION-WAGES- P#1 91,500 97,760 6,260 FRIE PROTECTION-WAGES- P#2 86,965 89,004 2,039 CALL FIRE P# 1 68,600 70,658 2,058 CALL FIRE P#2 68,607 70,658 2,051 FIRE PROTECTION-FLAT RATE-P#1 74,750 74,750 0 FIRE PROTECTION-FLAT RATE-P#2 74,750 74,750 0 FOREST FIRES-P# 1 2,500 2,500 0 FOREST FIRES-P# 2 2,500 2,500 0 FIRE ALARM MAINT. EXPENSE 6,000 7,000 1,000 HYDRANT SERVICE 11,475 11,475 0 AMBULANCE SERVICE 15,000 15,000 0 BUILDING INSPECTOR SALARY 55,000 55,000 0 ASST. BUILDING INSPECTOR 8,742 8,985 243 BUILDING INSPECTOR WAGES 5,000 7,438 2,438 BUILDING INSPECTOR EXPENSE 6,000 7,500 1,500 GAS INSPECTOR'S EXPENSE 7,500 7,500 0 PLUMBING INSPECTOR'S EXPENSE 10,000 10,000 0 SEALER OF WEIGHTS & MEASURES 2,500 2,500 0 WIRE INSPECTOR'S EXPENSE 23,500 20,000 -3,500 CIVIL DEFENSE 1,500 1,500 0 ACO SALARY 17,108 17,108 0 PARKING CLERK'S SALARY 2,400 2,400 0 PARKING CLERK'S EXPENSE 600 600 0 TRITON REGIONAL CAPITAL IMPROV. 201,920 181,953 -19,967 HIGHWAY LABOR 384,026 407,171 23,145 SNOW REMOVAL WAGES/EXPENSE 95,000 95,000 0 STREET LIGHTING 42,000 47,000 5,000 HIGHWAY MAINTENANCE 80,000 80,000 0 TRUCK MAINTENANCE 95,000 95,000 0 GARAGE MAINTENANCE 25,000 25,000 0 BOARD OF HEALTH EXPENSE 267,199 273,540 6,341 BOARD OF HEALTH WAGES 55,638 57,942 2,304 PUBLIC HEALTH SERVICES EXPENSE 11,872 11,875 3 COUNCIL ON AGING WAGES 64,710 68,488 3,778 COUNCIL ON AGING EXPENSE 13,901 14,040 139 CHAPTER 59 RE REDUCTION OVER 60 4,500 0 -4,500 VETERANS SERVICES 18,000 18,000 0 NEWBURY TOWN LIBRARY WAGES 188,675 219,500 30,825 NEWBURY TOWN LIBRARY EXPENSES 77,089 84,000 6,911 375T" ANNIVERSARY COMM. 375 375 0 LIFEGUARD WAGES 47,750 47,750 0 LIFEGUARD EXPENSES 5,000 5,000 0 PARKS EXPENSE 40,000 40,000 0 HISTORIC COMMISSION 650 650 0 MEMORIAL DAY 600 600 0 COST OF BONDING 0 30,519 30,519 LONG TERM DEBT PRINCIPAL 1,309,000 1,686,195 377,195 SHORT TERM DEBT INTEREST 35,000 27,982 -7,018 LONG TERM DEBT INTEREST 900,000 702,759 -197,241 PROP/EXCISE INTEREST 500 500 0 CHERRY SHEET CHARGES 178,979 162,420 -16,559 HEALTH & DENTAL INSURANCE 481,601 536,389 54,788 EMPLOYEE LIFE INSURANCE 1,806 1,900 94 FICA MEDICARE 58,000 63,750 5,750 ARTICLE 2 TOTALS 7,651,761 8,033,796 382,035 FINANCE COMMITTEE CHAIRMAN FRANK REMLEY GAVE A BRIEF OVERVIEW OF THE FY08 BUDGET. HE INTRODUCED FINANCE DIRECTOR CHARLES KOSTRO WHO THANKED EVERYONE FOR THE WARM WELCOME HE HAS RECEIVED. COMMITTEE MEMBER WILLIAM 15 COOPER PRESENTED A BRIEF OVERVIEW OF THE TOWN'S FINANCIAL FUTURE. MODERATOR SALTER READ ALL RECOMMENDATIONS. PASSED UNANIMOUS. ARTICLE 3. MOVED AND SECONDED TO SEE IF THE TOWN WILL APPROPRIATE OR TRANSFER FROM THE SPECIAL ASSESSMENT REVENUE FUND A SUM OF MONEY IN THE AMOUNT OF$400,078,34 TO THE GENERAL FUND TO PAY THE SEWER PORTION OF THE DEBT SERVICE IN FISCAL YEAR 2008 FOR THE PLUM ISLAND WATER AND SEWER IMPROVEMENTS PROJECT;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED UNANIMOUS. ARTICLE 4. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE OR TRANSFER FROM THE SPECIAL ASSESSMENT REVENUE FUND A SUM OF MONEY IN THE AMOUNT OF$255,889.80 TO THE GENERAL FUND TO PAY THE WATER PORTION OF THE DEBT SERVICE IN FISCAL YEAR 2008 FOR THE PLUM ISLAND WATER AND SEWER IMPROVEMENTS PROJECT;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED UNANIMOUS. ARTICLE 5. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$7,852,964 FOR THE PURPOSE OF FUNDING THE ASSESSMENT TO THE TOWN BY THE TRITON REGIONAL SCHOOL DISTRICT FOR FY2008;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED MAJORITY. ARTICLE 6. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$148,085 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY08 ASSESSMENT TO NEWBURY;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED MAJORITY. ARTICLE 7. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$334,181 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 2008;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED UNANIMOUS. ARTICLE 8. MOVED AND SECONDEDTO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$3,355 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 2007;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED UNANIMOUS. ARTICLE 9. MOVED AND SECONDED 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;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED UNANIMOUS. ARTICLE 10. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF$206,036 FROM CHAPTER 90 AVAILABLE FUNDS FOR USE BY THE DEPARTMENT OF PUBLIC WORKS;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED UNANIMOUS. ARTICLE 11. MOVED AND SECONDED 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$5,000 DURING THE NEXT FISCAL YEAR FOR ANIMAL CONTROL EXPENSES OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED UNANIMOUS. 16 zs ARTICLE 12. MOVED AND SECONDED 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'V2 OF CHAPTER 44 MGL. THE HARBORMASTER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND $51,551 DURING THE NEXT FISCAL YEAR OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED UNANIMOUS. ARTICLE 13. MOVED AND SECONDED To see if the Town will vote to accept Chapter 79 of the Acts of 2006(G.L.c.39,§23D)for all types of adjudicatory hearings conducted by any municipal board, committee or commission of the Town,said statute reads as follows [Section 23D.(a) Notwithstanding any general or special law to the contrary,upon municipal acceptance of this section for 1 or more types of adjudicatory hearings a member of any municipal board,committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the manner solely due to that member's absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote,the member shall certify in writing that he has examined all evidence received at the missed session,which evidence shall include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace,negate or otherwise supersede applicable quorum requirements. (b) By ordinance or by-law,a city or town may adopt minimum requirements for attendance at scheduled board,committee,and commission hearings under this section.]; or act in relation thereto. PASSED UNANIMOUS. ARTICLE 14. MOVED AND SECONDED To see if the Town will vote to accept General Laws,Chapter 41,section 110A,which,in substance,provides that any public office of the Town may remain closed on any or all Saturdays as may be determined from time to time,and that,in such cases,the provisions of the holiday statute,General Laws,Chapter 4,Section 9,shall apply to the same extent as if such Saturday were a legal holiday;or act in relation thereto. PASSED UNANIMOUS. ARTICLE 15. MOVED AND SECONDED To see if the Town will vote to accept the last paragraph of General Laws,Chapter 59,section 5,clause twenty-second E,which,in substance,allows persons who qualify as soldiers and sailors and their spouses and surviving spouses of soldiers and sailors who lost their lives in combat and certain disabled veterans who qualify for certain real estate tax exemptions to reside in Massachusetts for one year prior to the date of filing for such exemptions(as opposed to five years as a resident as is now applicable),to be effective for exemptions granted beginning in fiscal year 2008;or act in relation thereto. PASSED UNANIMOUS. ARTICLE 16. MOVED AND SECONDED To see if the Town will vote to amend Chapter 34 of the Town By-Laws(Town Meetings)by replacing the present Section 34-1 thereof(Meeting times designated) with the following: § 34-1. Meeting times designated. The Annual Town Election shall be held on the second Tuesday in May and the Annual Town Meeting shall be held on the fourth Tuesday in May; or act in relation thereto. PASSED MAJORITY. ARTICLE 17. MOVED AND SECONDED To see if the Town will vote amend the Town By-Laws, Chapter 1,GENERAL PROVISIONS,by replacing Article II, § 1-5 thereof(Non-Criminal Disposition)with the following: § 1-5. Non-criminal disposition. Any By-Law of the Town of Newbury,or Rule or Regulation of its officers,boards,committees or departments,the violation of which is subject to a specific penalty may,in the discretion of the Town official who is the appropriate enforcing person,be enforced in the method provided for in Massachusetts General Laws,Chapter 40, Section 21D. The non-criminal penalty for each such violation,if not otherwise specified below,shall be$100.00. As used herein the term"enforcing person"shall mean any Police Officer of the Town of Newbury with respect to any offense,and the Building Inspector,Harbormaster or Assistant Harbormasters,Animal Control Officer,the Board of Health or its designees,the Conservation Commission or its designees,and such other officials as the Board of Selectmen may from time to time designate,each with respect to violations of any By- Laws and/or rules and regulations within their respective jurisdictions. If more than one official has jurisdiction in any specific case,any such official may be an enforcing person with respect thereto. 17 270 The specific penalties listed below shall apply in appropriate cases and in addition to police officers,who shall in all cases be considered an enforcing person for the purposes hereof,the municipal officials listed for each section,if any,shall also be enforcing persons for such sections. Each day on which any violation exists shall be deemed to be a separate offense. 1. Alcoholic Beverages.Chanter 41: Enforcing nerson: Police Officers Fine schedule:$100.00. 2. Beaches.Chanter 45: ' Enforcing Derson: Police Officers Fine schedule: Sections 45-2 and 45-3(Vehicles and Littering prohibited)-$100.00; Sections 45-4 and 45-5 (Games restricted and Fires prohibited-$50.00; Section 45-6(Animals restricted)-$25.00 first offense,$35.00 second offense,$50.00 third and subsequent offenses;Sections 45-7 and 45-8(Balls and other objects restricted and Camping prohibited)-$20.00. 3. Dogs and Other Animals. Chanter 56: Enforcing Derson: Animal Control Officer,Police Officers Fine schedule: Section 56-1 (Licensing)-$10.00 per month;Section 56-2(Running at Large)- $25.00 first offense,$50.00 second offense,$100.00 third and subsequent offenses. 4. Earth Removal.Chanter 60: Enforcing Derson: Building Inspector,Police Officers Fine schedule: $100.00. 5. Hunting.Chanter 67: Enforcing person: Police Officers Fine schedule: $20.00. , 6. Junk Vehicles.Chanter 71.Article II: Enforcing Derson: Police Officers Fine schedule: $50.00. 7. Peace and Good Order.Chanter 82: Enforcing person: Police Officers Fine schedule:$100.00. 8. Solid Waste. Chanter 86: Enforcing Derson: Board of Health,Health Agent,Police Officers Fine schedule: $300.00. 9. Streets, Sidewalks and Commons, Chapter 88: Enforcing person: Police Officers Fine schedule: $100.00. 10. Tobacco Products(on school DroDertv).Chanter 90: Enforcing Derson: Police Officers Fine schedule: $100.00 first offense or,at violators option,attend approved tobacco education program in lieu of fine,$100.00 second and subsequent offenses. 11. Vehicles and Traffic.Chanter 93: Enforcing nerson: Police Officers Fine schedule: Article IV(parking)-$20.00;Article VI(house numbering)—warning for first offense, $35.00 second and subsequent offenses. 18 271 12. Wetlands,Chanter 95: Enforcing person: Conservation Commission,Conservation Agent,Police Officers Fine schedule: $100.00. 13. Zoning,Chapter 97: Enforcing person: Building Inspector,Police Officers Fine schedule: $100.00. 14. Animal Regulations,Chapter 109: Enforcing person: Animal Control Officer,Board of Health,Health Agent,Police Officers Fine schedule: Article I(disposal of waste)-$15.00 first offense,$25.00 second offense,$50.00 third and subsequent offenses;Article II(restrictions of dogs on public beach)$25.00 first offense,$35.00 second offense,$50.00 third and subsequent offenses. 15. Water Svstems and Supply Regulations,Chapter 120: Enforcing person: Board of Health,Health Agent,Police Officers Fine schedule: Article I(wells and leaching systems)-$20.00;Article II(system regulations)- $50.00. 16. Waterways Regulations,Chapter 122: Enforcing person: Harbormaster,Assistant Harbormasters,Police Officers Fine schedule: Refusal to obey lawful order of Harbormaster or Assistant Harbormaster-$300.00; placement of a mooring,float or dock without permit-$100.00;reckless/negligent operation of a vessel- $100.00;pollution of waterways or dumping waste material- $300.00;failure to remove abandoned,sunk or unsafe vessel-$100.00;sublet of private mooring-$300.00;all others-$50.00; or act in relation thereto. A MOTION BY ANDREA ROSS TO AMEND THE FINE FOR CHAPTER 1,GENERAL PROVISIONS, ARTICLE II. SECTION 1-5,#5 HUNTING,CHAPTER 67 TO INCREASE THE FINE SCHEDULE FROM $20.00 TO$100.00. SECONDED AND CARRIED. ARTICLE WITH AMENDMENT MOVED, SECONDED AND PASSED UNANIMOUS. ARTICLE 18. MOVED AND SECONDED To see if the Town will vote,pursuant to G.L.c.41, § 106B, to adopt the following By-Law: Chapter 12 Capital Planning Committee § 12-1. Committee Appointed;terms. There is hereby established a Capital Planning Committee consisting of the Director of Municipal Finance,two members of the Finance Committee annually chosen by it,and two members appointed by the Selectmen from among the registered voters of the Town,who shall be appointed for a term of two years on a staggered basis so that one such member's term expires each year. Any vacancy shall be filled for the unexpired term in the manner of the original appointment. The Capital Planning Committee shall annually choose a chairman and such other officers as it deems appropriate. § 12-2. Powers and duties. It shall be the duty of the Capital Planning Committee to develop a long-range capital planning program to serve as a guideline for capital improvements in the Town with an eye towards ensuring the maintenance of its public infrastructure and planning for new capital improvements. The Capital Planning Committee shall be specifically concerned with physical facilities such as land,buildings,or other structures,as well as pieces of equipment requiring a relatively large investment and having a relatively long useful life. The first capital plan covering the fiscal years 2009-2014 inclusive shall be submitted to the Board of Selectmen and Finance Committee at the same time as the submission of the fiscal year 2009 annual budget and shall take effect,once approved,on July 1,2008. The first capital plan and an updated five year plan shall be submitted each year as aforesaid,and included in the Warrant for consideration by the Annual Town Meeting. The Committee will meet as often as necessary to review capital needs and requests and to update the plan. The Committee shall also recommend appropriate methods of financing the proposed capital improvements and shall summarize in 19 272 more general terms the major improvements anticipated during the five-year period. Guidelines for the planning process,defining what constitutes a capital improvement for the purposes of this by-law, specifying minimum cost and useful life of capital improvements to be considered in the plan,the proportion of the total budget to be devoted to outstanding and current capital projects,and any restrictions of methods of financing, shall also be established on the recommendations of the Capital Planning Committee; or act in relation thereto. PASSED UNANIMOUS. ARTICLE 19. MOVED AND SECONDED To see if the Town will vote to grant to Marcia F.Pike at no cost an easement to maintain the building in its present location at 18 Jackson Way shown as Lot D on a plan , entitled: "Plan of Land in Newbury,MA.(County of Essex)Surveyed for Dorothy W.Dumont,Scale 1" equals 40',February 23, 1993,Rev:6-30-93,Rev.:10-8-93"said plan being recorded in Essex South District Registry of Deeds,Plan Book 286,Plan 57. The easement area being that portion of her house which extends onto Jackson Way,a public way accepted by the Town of Newbury. All as shown on said Plan. The easement is appurtenant to the land at 18 Jackson Way,as more particularly described in the deed to the said Marcia F.Pike dated February 14, 1995,and recorded in Book 12921,Page 277 at the Essex South District Registry of Deeds. See also"Easement Plan Newbury MA Tax Map U01, 158B,Prepared for Marcia Pike,Site Address: 18 Jackson Way,Newbury,MA 10951,Scale V equals 10'January 17,2007,Pembroke Land Survey Company, A Division of Hancock Associates". The easement area is bounded and described as follows: Beginning at a point on Lot D and Jackson Way and proceeding in a Southerly direction N 15 degrees 2715611W 13.54 feet;then Southeasterly N 68 degrees 29'03"W 10.83 feet;then Easterly S 74 degrees 49'47"W 15.60 feet;then Northerly by Lot D 5.07 feet. The proposed existing use easement being 200 square feet more or less,according to said Plan. The Board of Selectmen is hereby authorized to execute any and all instruments as may be necessary to effect the granting of the above described easement; or act in relation thereto. , A MOTION BY CHRISTOPHER CHRISTUK WHOSE PROPERTY IS ACROSS THE STREET TO AMEND THE ARTICLE TO INCLUDE HIS PROPERTY WAS SECONDED AND DEFEATED.A MOTION BY ANDREA ROSS TO HAVE TABLED UNTIL MORE INFORMATION IS AVAILABLE WAS SECONDED AND DEFEATED WITH A VOTE OF YES— 12 TO NO—59. AFTER MORE DISCUSSION AND A SECOND AMENDMENT BY CHRISTOPHER CHRISTUK WAS SECONDED AND DEFEATED THE ARTICLE WAS PUT TO A VOTE AT 9:23 PM. MODERATOR DECLARED PASSED BY 2/3RDS.. ARTICLE 20. MOVED AND SECONDED To see if the Town will vote to authorize the Board of Selectmen, at no cost to the Town,to negotiate to purchase a parcel of land on Plum Island for the purpose of constructing buildings for housing public safety vehicles and handicapped accessible rest rooms and to provide parking for residents of the Town with any funds that may be donated or granted;or act in relation thereto. MODERATOR DECLARED CARRIED 2/3RDS. ARTICLE 21. MOVED AND SECONDED To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation relative to directing the Massachusetts Bay Transit Authority to discontinue the use of the railroad tracks between Hanover Street and the Route 1 cell tower for the purpose of docking its commuter rail trains; and to request that the Board of Selectmen investigate and enforce such laws as may be applicable to the noise resulting from the docking and idling of trains within the confines of the Town of Newbury. It is further resolved that,if no immediate solution can be attained,the Massachusetts Bay Transit Authority should forthwith take steps to soundproof windows of residents in the affected area and/or erect appropriate sound barriers along the railroad tracks. The docking station should be moved from the present location in the Residential Commercial Zone to the Industrial Zone on the opposite side of Route 1;or act in relation thereto. (by petition of Janet Fraser and over ten others) PASSED BY MAJORITY. 20 275 ARTICLE 22. MOVED AND SECONDED To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation relative to directing the Massachusetts Bay Transit Authority to discontinue the use of the railroad tracks between Hanover Street and the Route 1 cell tower for the purpose of docking its commuter rail trains;and to request that the Board of Selectmen investigate and enforce such laws as may be applicable to the noise resulting from the docking and idling of trains within the confines of the Town of Newbury. It is further resolved that,if no immediate solution can be attained,the Massachusetts Bay Transit Authority should forthwith take steps to soundproof windows of residents in the affected area and/or erect appropriate sound barriers along the railroad tracks.The docking station should be moved from the present location in the Residential Commercial Zone to the Industrial Zone on the opposite side of Route 1. Furthermore,the Town should not approve any projects north and south bound on Route 1 or any projects under the aegis of the Little River Transit Village until a permanent solution to the docking station problem is found;or act in relation thereto. (by petition of Janet Fraser and over ten others) AFTER SOME DISCUSSION ARTICLE DOES NOT PASS. ARTICLE 23. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS, TO REORGANIZE CHAPTER 97 - ZONING OF THE TOWN OF NEWBURY'S BYLAWS, AS FOLLOWS: Summary of the 2007 Reorganization of Chapter 97—Zoning of the Town of Newbury's By-Laws. Newbury's Zoning By-Laws as found in Chapter 97 of Newbury's By-Laws and as presently published have arrived in their present form by a process of accretion. This process has resulted in a group of by-laws that are in no particular logical order and often have related specifics such as use regulations, lot dimensions and parking requirements scattered through several different articles. Consequently it is deemed prudent to eliminate these imperfections and improve the zoning by-law's usability. The reorganized version of the by-laws is basically a reordering and consequential renumbering of the original by-laws text. In this reorganized version no substantive changes have been made to the text that would change the meaning or intent of any of the by-law articles. Proposed revisions that would change the meaning or intent will be addressed as separate warrant items to be presented later. A number of additions and usage changes have been made to achieve a more coherent and user- friendly ordering of the by-laws. The following items have been either added or changed: 1. The Overlay Districts have been grouped together. See Article IV, Section 97-4. 2. All Special Permits have been grouped together in one section. See Article V, Section 97-5. 4. The Sexually Oriented Business District zone has been renamed Adult Business. It retains the original location and written description of that location. See Article IV, Section 97-4.F. 5. A table of Lot Dimensions pertaining to each zone has been created to bring together these items. See Article VI, section 97-6.A. 6. A table of Parking Space Requirements by zone has been created. See Article VII, section 97-7.B. 7. All definitions of terms have been arranged alphabetically in one section. See Article XI, section 97-11.D. Or act in relation thereto. PASSED UNANIMOUS. 21 274 ARTICLE 24. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS,TO REPLACE SECTION 97-8 SIGNS REGULATIONS IN CHAPTER 97—ZONING OF THE TOWN OF NEWBURY'S BYLAWS,WITH THE FOLLOWING: ARTICLE VHI—SIGNS §97-8 SIGN REGULATIONS A. Purpose. The purpose of this Article is to allow such signs as are designed to: (1) Preserve and enhance the appearance of the Town of Newbury and protect our , investment in buildings and open space. (2) Encourage sound signing practices for business identification and public information. (3) Prohibit excessive and confusing sign displays. (4) Eliminate potential hazards to motorists and pedestrians created by distracting and inappropriate sign displays. (5) Provide commercial signing which is used primarily as identification and not as advertising. B. Definitions. The term"sign"shall include any fabricated or outdoor display structure consisting of any logo,letter, character, design, reading matter,or illuminating device;constructed,fastened or manufactured so that the same shall be used for the attraction of the public to any place,firm,public performance,or merchandise and displayed for advertising purposes. As used in this section,the following words and terms shall have the following meanings: (1) Advertising Display Area—the copy area encompassed within any simple geometrical figure which would enclose all parts of the sign. It shall not include any structural supports for the sign except to provide a frame for it,and provided , that no copy is included on such supports. In the case of two sided ground signs or freestanding signs only 50%of the total of the two sides shall count as part of the allowed sign area permitted in the applicable zone. (2) Animated Sign—any sign which attracts attention by movement,changing colors, flashing or revolving. It shall not include time-temperature signs. (3) Agricultural Sign—A sign which has wording to advertise products raised or grown principally on the premises and signs advertising these products which may be changed periodically. (4) Awning or Canopies—All lettering or graphics on awnings or canopies shall require a sign permit and count as part of allowed sign area. No awning or canopy shall be illuminated in such a way that the light from such illumination is directly visible through the canopy or awning. (5) Directional Signs—any sign located on the premises to provide for the safe flow of vehicular and pedestrian traffic upon said premises. (6) Freestanding Sign—any mobile or portable sign not securely attached to the ground or any building and intended for temporary purposes. (7) Ground Sign—any permanent sign which is erected on supports in the ground and not attached to any building. (8) Non-commercial use—a sign containing no commercial message or intent, such , as a"no trespassing"sign;or a sign qualifying under a"freedom of speech" provision(e.g.a sign expressing a belief or sentiment). (9) Roof Sign—any sign which is erected so as to project higher than the cornice of the building on which it is erected. (10) Off-Premise Sign—any sign erected to advertise or give directions to an establishment or merchandise which is not sold,produced,manufactured or furnished at the property on which the sign is located. (I1) Projecting Sign—any sign attached to a building which projects more than twelve (12)inches from a building wall and is intended to be read from the side. 22 275 (12) Wall Sign—any sign painted or permanently attached to and parallel with the wall of a building and extending not more than twelve(12)inches from the wall of the building. (13) Window Sign—any sign installed on or attached to a window of a building and intended to be viewed from the outside of the building. C. Prohibitions. The following types of sign are not allowed: (1) Animated signs (2) Roof signs (3) Off-premise sign,except as follows: signs indicating locations of places of public assembly or interest such as churches,schools,museums,libraries,fratemal or civic organizations; provided they are otherwise in conformity with this bylaw. Off-premise Agricultural Purpose signs are permitted subject to the rules and regulations contained in A Guide to Highway Signage for Agricultural Purposes In the Town of Newbury"—see Section 97-8.B(6). (4) Signs containing red or green lights,except for holiday signs. (5) Signs purposefully erected upon motor vehicles,trailers,or other movable objects regularly or recurrently located with the intent of fixed display. (6) Signs illuminated between the hours of 11:00 p.m.and 7:00 a.m.,unless such premise is open to the general public during these hours. (7) Signs illuminated so as to cast a glare onto any portion of a way which would create a traffic hazard.. Nor shall any sign cause direct illumination of adjacent property. Signs may be illuminated by the following means unless noted otherwise in a specific zone. (a) Externally,by a steady,stationary white light shielded and directed solely at the sign. (b) By interior lighting of reasonable intensity. (8) Signs erected within the right of way of any street except for traffic control and as specified in 97-8.B(3)above. (9) No sign of any kind shall be attached to a public utility pole. D. Permits. (1) No sign shall be erected until Sign Permit has been issued by the Building Inspector,except for those exempt signs described in Section 97-8.17 of this Bylaw. (2) Site Plan Review if required in the district in which the sign will be located,shall show building location and height,entrances and exits. Parking arrangements, loading areas,sign location and height and a detailed drawing of the proposed sign shall accompany application. (3) All Sign Permits issued under this Bylaw shall be retained at all times on the premises. E. General Requirements. (1) No sign in any district shall exceed 25 feet in height or be higher than the main roof line of the building,whichever is greater. (2) No sign shall project over or extend beyond the property line. (3) No sign shall be erected so as to obstruct the vision of vehicular traffic entering or exiting the premises. (4) In all districts,ground signs shall be set back a minimum of 10 feet from the traveled way or from the property line. 23 276 (5) Agricultural Purpose Signs: in all districts,the placement,size and type of sign shall conform to Section 97-8.I,Business Districts,and to the rules and regulations set forth in"A Guide to Highway Signage for Agricultural Purposes in the Town of Newbury"which may be amended from time to time by vote of the Planning Board. F. Exempt Signs. The following types of signs shall be exempt from the provisions of this bylaw,except for construction and safety regulations: (1) Public Signs: Signs of a non-commercial nature and in the public interest erected , by, or on the order of,a public official in the performance of his public duty,such as safety signs,danger signs,trespassing signs,traffic signs,street signs,memorial plaques,signs of historical interest,signs designating a public project or improvement program and the like. (2) Integral Signs: Names of buildings,dates of erection,monumental citations, commemorative tablets and the like when carved into stone,concrete,or similar material or made of bronze,aluminum or other permanent-type construction and made an integral part of the structure. (3) Identifying Signs used for 911 purposes. (4) Any sign of a non-commercial nature. Such a sign shall not exceed six(6)square feet in area. (5) Holiday signs. (6) Temporary signs: A maximum of three(3)temporary signs plus one(1) for each additional separately identifiable unit over one(1)shall be allowed per lot. All temporary signs shall not exceed six(6)feet in height and shall not exceed six(6)square feet each. Temporary signs shall be set back at least ten(10)feet from the edge of the traveled way,except where insufficient setback exists; in such cases, signs shall be attached to a building wall facing the traveled way. All temporary signage shall be removed within fourteen(14)days of the completion ' of any specific event or election to which they may be related. The following types of signs do not require a permit but will count toward the total number of allowed signs on a lot: (a) Construction signs: Signs identifying architects,engineers,contractors and tradesmen involved with the construction,and signs announcing the purpose for which the building is intended. (b) Real estate signs: Signs which advertise the sale,rental or lease of the premises or part of the premises on which the signs are displayed. (c) Political campaign signs: Signs announcing political positions or candidates seeking public office and other data pertinent thereto. (d) Temporary signs may be erected on Town owned property upon application to the Selectmen,provided all such signs are removed within fourteen(14)days of the conclusion of the event or events. Such signs shall respect the purposes set out in Section A of this bylaw and obey the prohibitions set out in Section B of this bylaw. (7) Agricultural-Residential and Parker River Residential: Permits are not required in these zones for the following: (a) One identification sign for each dwelling unit provided: such sign shall not , exceed two(2)square feet in surface area: if lighted; it shall be illuminated with a white light directed solely at the sign. (b) One identification sign for a home occupation that is registered with the Town provided; such a sign shall not exceed six(6)square feet in surface area;if lighted, it shall be illuminated with white light directed solely at the sign. (c) One identification sign for each community facility or public utility use, provided the sign shall not exceed thirty two(32)square feet in surface area; if lighted,it shall be illuminated with white light directed solely at the sign, and it shall be setback at least ten(10)feet from the street lot line. 24 277 (8) All signs that do not meet the requirements in this section(Section 97-8.17)must apply for a Special Permit from the Zoning Board of Appeals. G. Agricultural-Residential and Parker River Residential Districts. (1) The following signs are allowed in all Residential Districts subject to the provisions of Section 97-8.E of this bylaw: (a) One Ground Sign for the permanent identification of a housing development of twelve or more dwellings units. The Advertising Display Area shall not exceed twenty(20)square feet. H. Commercial Highway and Commercial Highway A. The following signs are allowed in these two districts subject to the provisions of Section 97-8.E of this bylaw: (1) One(1)freestanding sign pertaining to the sale,lease or use of the lot or building on which the sign is erected. The advertising Display Area shall not exceed eighteen(18)square feet. (2) One Ground Sign for identification purposes and the advertising of goods and services available. The Advertising Display Area shall not exceed thirty-six (36)square feet. (3) One(1)Wall Sign for identification purposes. The Advertising Display Area shall not exceed one(1)square foot for every two(2)lineal feet of building wall to which it is attached. (4) Opaque window signs shall not cover more than a maximum of thirty six(36) square feet of the window glass area in which it is located. (5) In mixed use or multi-tenant buildings,sign usage shall conform to the following: (a) One(1)Ground Sign per lot for identification purposes of the building and rentable unit located therein. The Advertising Display Area shall not exceed thirty (30)square feet plus an additional four(4)square feet for each tenant located therein. (b) One(1)Wall Sign per tenant for the identification of such tenant. The Advertising Display Area shall not exceed one(1)square foot for every two(2) lineal feet of the rentable unit's wall to which it is attached. OR One(1)Projecting Sign per tenant for the identification of such tenant. The Advertising Display Area per tenant shall not exceed six(6)square feet. (c) One(1)additional Wall Sign shall be allowed at a secondary entrance from a parking area for the identification of tenants. The Advertising Display Area per tenant shall not exceed two(2)square feet. (d) One(1)Freestanding Sign pertaining to the sale,lease,or use of the lot or building on which the sign is erected. The Advertising Display Area shall not exceed eighteen(18)square feet. I. Business Districts. The following signs are allowed in the business district subject to the provisions of Section 97-8.E of this bylaw: (1) One(1)Freestanding Sign pertaining to the sale,lease or use of the lot or building on which the sign is erected. The Advertising Display Area shall not exceed twelve(12)square feet. (2) One Ground Sign for identification purposes and the advertising of goods and services available. The Advertising Display Area shall not exceed eighteen(18) square feet. (3) One(1)Wall Sign for identification purposes. The Advertising Display Area shall not exceed one(1)square foot for every two(2)lineal feet of building wall facing the street from which its frontage is derived. (4) Window Signs shall not cover more than twenty(20)percent of the window glass area in which it is located. 25 278 (5) In mixed use or multi-tenant buildings, sign usage shall conform to the following: (a) One(1)Ground Sign per lot for identification purposes of the building and tenants located therein. The Advertising Display Area shall not exceed twenty (20)square feet. (b) One(1)Wall Display Sign per tenant for the identification of such tenant. the Advertising Display Area shall not exceed one(1)square foot for every two(2) lineal feet of the tenant's wall facing the street from which the building derives its frontage. OR One(1)Projecting Sign per tenant for the identification of such tenant. The Advertising Display Area per tenant shall not exceed three(3)square feet. (c) One(1)Freestanding Sign pertaining to the sale,lease,or use of the lot or building on which the sign is erected. The Advertising Display Area shall not exceed eighteen(18)square feet. J. Industrial Districts. The following signs are allowed in the Industrial District subject to Section 97-8.E of this Bylaw. (1) One(1)Freestanding Sign pertaining to the sale,lease or use of the lot or building on which the sign is erected. The Advertising Display Area shall not exceed twenty-four(24) square feet. (2) One(1)Ground Sign for identification purposes. The Advertising Display Area shall not exceed thirty-six(36) square feet. (3) One(1)Wall Sign for identification purposes. The Advertising Display Area shall not exceed one(1)square foot for every two(2)lineal feet of building wall facing the street from which the building derives its frontage. K. Exceptions—only by Special Permit , Upon application duly made to the Zoning Board of Appeals,said Board may in appropriate cases and subject to the general requirements set out in Section 97-8.E above and appropriate safeguards and conditions,grant a Special Permit for changes in: (1) Permitted size. (2) Permitted setback. Such exceptions may be allowed by Special Permit granted by the Zoning Board of Appeals and are subject to the following requirements: (1) The Board fords that the increase does not detract from the character of the neighborhood. (2) The Board finds that the increase does not constitute a threat to public health and safety. (3) The proposed sign complies with all other sections of this bylaw. L. Maintenance. (a) All Signs shall be maintained in a safe,presentable and good structural condition at all times to the satisfaction of the Building Inspector in accordance , with Section 3102.5 through 3102.5.4 of the State Building Code. M. Sign Removal. (1) It shall be the responsibility of the property owner to remove any sign identifying or advertising goods and services of a discontinued business within sixty(60)days of being so notified by the Building Inspector. 26 La N. Nonconforming Signs. (1) Signs legally existing on the effective date of this article,or of any amendment hereto, may continue to be maintained;provided however that any such sign that fails to conform to the current requirements of this bylaw shall not be enlarged or relocated. (2) Such signs shall be removed or brought into conformity upon the discontinuance of the business or the failure to be maintained in accordance with Section 97-8.L and shall be removed in accordance with Section 97-8.M upon receipt of a Certified Letter from the Building Inspector. (3) There shall be no increase in any nonconformity. or act in relation thereto. PASSED UNANIMOUS. ARTICLE 25. MOVED AND SECONDED To see if the Town will vote to assume liability in the manner provided by Section 29,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 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. PASSED UNANIMOUS. ARTICLE 26. MOVED AND SECONDED 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. PASSED UNANIMOUS. MOTION TO ADJOURN MEETING SECONDED AND PASSED UNANIMOUS AT 9:55 PM. 134 VOTER CHECKED IN. A TRUE COPY ATTEST: 4-�- / DONNA R. STEFANILE TOWN CLERK I 27 TOWN OF NEWBURY ANNUAL ELECTION MAY 13, 2008 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 OUR RESPECTIVE VOTING DISTRICTS ON MAY 13,2008 TO VOTE ON THE FOLLOWING POSITIONS: SELECTMEN-3 YEARS, ASSESSOR-3 YEARS,ASSESSOR-2 YEARS UNEXPIRED,BOARD OF HEALTH-3 YEARS, CONSTABLE-4 YEARS,FISH COMMISSIONER-3 YEARS,LIBRARY TRUSTEE-3 YEARS,VOTE FOR TWO,MODERATOR-3 YEARS,PLANNING BOARD-5 YEARS,TREE WARDEN-1 YEAR, TRUSTEE FIRST SETTLERS BURIAL GROUND-3 YEARS,TRITON REGIONAL SCHOOL COMMITTEE-NEWBURY-3 YEARS,ROWLEY-3YEARS,SALISBURY-3 YEARS. THE POLLS WILL BE OPEN AT 12:00 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 ELECTION. HEREOF,AND 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 22ND DAY OF APRIL 2008. SELECTMEN,TOWN OF NE YtMEECITED, A TRUE COPY ATTEST DONNA R.STEFANNII�LE,TOWN CLERK PURSUANT TO THE ABOVE WARRANT TO 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: _�(��o� ll� CONSTABLE:4S�'R U. p J PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED,I HAVE NOTIFIED NA 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: — �� CONSTABLEtr ��rYffy� ANNUAL TOWN ELECTION MAY 13,2008 RESULTS PCT 1 PCT 2 TOTAL SELECTMAN FOR THREE YEARS * JOSEPH STORY II 423 318 741 STEVEN ST.ARNAULT 359 308 667 ASSESSOR FOR THREE YEARS PETER MURPHY 490 382 872 ASSESSOR FOR TWO YEARS SANFORD WECHSLER 444 366 810 BOARD OF HEALTH FOR THREE YEARS * STEVEN H.FRAM 485 418 903 CONSTABLE * DOUGLAS PACKER 558 427 985 FISH COMMISSIONER * EVERETT M.DAVIS 494 424 918 LIBRARY TRUSTEE FOR THREE YEARS * CATHERINE DULLEA 450 391 841 * WILLIAM W. WESTHAFER 372 328 700 MODERATOR RICHARD T.JOY 505 406 911 PLANNING BOARD FOR FIVE YEARS * DAVID POWELL 445 365 810 TREE WARDEN FOR ONE YEAR * PETER W.HOLLIS 538 402 940 TRUSTEE FIRST SETTLERS BURIAL GROUND FOR THREE YEARS * BARBARA E.ROGERS 527 429 956 TRITON REGIONAL SCHOOL COMMITTEE FOR THREE YEARS NEWBURY * DIANA"DINA"L. SULLIVAN 461 418 879 WILLIAM G.LEVASSEUR 178 144 322 ROWLEY LANE BOURN 328 295 623 SALISBURY HOLLY BETH JANVRIN 335 299 634 TOTAL VOTERS 789 634 1423 *incumbent 29%turnout 4870 Registered voters 282 TOWN OF NEWBURY SPECLAL TOWN MEETING MAY 27,2008 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 27"DAY OF MAY 2008 AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ: ARTICLE 1. To see if the Town will vote to transfer from various line-items in the Fiscal Year 2008 budget the sum of$125,963.13 to supplement the Snow and Ice Account: or act in relation thereto. Transfer of$125,963.13 from the following line-items: Finance Department Wages $1,222.38 Treasurer-Collector Wages $8,000.00 Personnel Board $2,100.00 Town Clerk Expense $3,239.86 Tree Warden Expense $2,000.00 Town Hall Expense $5,000.00 Town Reports $1,000.00 Gas Inspector Fees $2,000.00 Plumbing Inspector Fees $1,000.00 Electrical Fees $7,500.00 Board of Health Expenses $50,000.00 Library Wages $27,000.00 Parks Expense $5,000.00 Byfield Call Wages $2,500.00 Newbury Fire Protection Wages $3,271.59 Long Term Debt Principal $1,333.48 Long Term Debt Interest $3,795.82 FINANCE COMMITTEE RECOMMENDS 283 ARTICLE 2. To see if the Town will vote to set the Town Clerk's salary at $50,646.34 effective January 1, 2008 and transfer from Finance Department Wages in the Fiscal Year 2008 budget the sum of$737.57 to supplement the Town Clerk Salary; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS ARTICLE 3. To see if the Town will vote to transfer from Lifeguard Wages in the Fiscal Year 2008 budget the sum of$11,000 to supplement the Police Wages; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS ARTICLE 4. To see if the Town will raise and appropriate from the Special Revenue Fund a sum in the amount of$20,192.41 to pay certain costs associated with the debt service for the Plum Island Water and Sewer Project; or act in relation thereto. FINANCE COMMITTEE 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 12th DAY OF MAY 2008. SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATTEST: 7' 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: 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: 284 TOWN OF NEWBURY SPECIAL TOWN MEETING MAY 27, 2008 RESULTS MODERATOR RICHARD JOY CALLED THE SPECIAL TOWN MEETING TO ORDER AT 7:02 PM WITH A QUORUM PRESENT. COUNTERS ASSIGNED FOR THE EVENING WERE DOUGLAS NOYES,BRENDAN STOKES AND JAMES CUNNINGHAM. RETURN GIVEN BY CONSTABLE JAMES CUNNINGHAM. ARTICLE 1. MOVED AND SECONDED To see if the Town will vote to transfer from various line-items in the Fiscal Year 2008 budget the sum of$125,963.13 to supplement the Snow and Ice Account: or act in relation thereto. Transfer of$125,963.13 from the following line-items: Finance Department Wages $1,222.38 Treasurer-Collector Wages $8,000.00 Personnel Board $2,100.00 Town Clerk Expense $3,239.86 Tree Warden Expense $2,000.00 Town Hall Expense $5,000.00 Town Reports $1,000.00 Gas Inspector Fees $2,000.00 Plumbing Inspector Fees $1,000.00 Electrical Fees $7,500.00 Board of Health Expenses $50,000.00 Library Wages $27,000.00 Parks Expense $5,000.00 Byfield Call Wages $2,500.00 Newbury Fire Protection Wages $3,271.59 , Long Term Debt Principal $1,333.48 Long Term Debt Interest $3,795.82 FINANCE COMMITTEE RECOMMENDS FRANK REMLEY,CHAIRMAN OF THE FINANCE COMMITTEE MOVED TO AMEND THIS ARTICLE BY REPLACING THE LIST OF TRANSFERS IN THE SPECIAL TOWN MEETING WARRANT WITH THE LIST AS DESCRIBED BELOW: Finance Department Wages 1,222.38 Treasurer-Collector Wages 8,000.00 Assessor's Expense 5,000.00 Personnel Board 2,100.00 Town Clerk Expense 3,239.86 Town Hall Expense 5,000.00 Tree Warden Expense 1,500.00 Gas Inspector Fees 1,000.00 1 285) Electrical Inspector Fees 3,000.00 Board of Health Expense 52,000.00 Library Wages 27,000.00 Parks Expense 5,000.00 Byfield Call Wages 2,500.00 Newbury Fire Protection Wages 3,271.59 Long Term Debt Principal 1,333.48 Long Term Debt Interest 4,795.82 125,963.13 SECONDED AND PASSED. ARTICLE WITH AMENDMENT MOVED,SECONDED AND PASSED. ARTICLE 2. MOVED AND SECONDED To see if the Town will vote to set the Town Clerk's salary at$50,646.34 effective January 1, 2008 and transfer from Finance Department Wages in the Fiscal Year 2008 budget the sum of$737.57 to supplement the Town Clerk Salary; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS PASSED. ARTICLE 3. MOVED AND SECONDED To see if the Town will vote to transfer from Lifeguard Wages in the Fiscal Year 2008 budget the sum of$11,000 to supplement the Police Wages; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS PASSED. ARTICLE 4. MOVED AND SECONDED To see if the Town will raise and appropriate from the Special Revenue Fund a sum in the amount of$20,192.41 to pay certain costs associated with the debt service for the Plum Island Water and Sewer Project; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS FRANK REMLEY,CHAIRMAN OF THE FINANCE COMMITTEE MOVED THAT THE PHRASE "raise and appropriate"IN ARTICLE 4 BE STRICKEN AND REPLACED WITH THE WORD"take"SO THAT THE ARTICLE WILL READ IN PART"To see if the Town will take from the Special Revenue Fund..."SECONDED AND PASSED. ARTICLE WITH AMENDMENT MOVED,SECONDED AND PASSED. MOVED AND SECONDED TO ADJOURN AT 7:12 PM.PASSED 76 VOTERS CHECKED IN. A�TRUE COPY ATTEST: DONNA R. STEFANILE TOWN CLERK 286 TOWN OF NEWBURY ANNUAL TOWN MEETING MAY 27,2008 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 27th DAY OF MAY AT 7:15 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 AND TAKE FROM FREE CASH AND OTHER AVAILABLE FUNDS$7,583,415.21 FOR THE OPERATION OF THE TOWN IN FISCAL 2009;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS FYO9 FY 08 CHANGE MODERATOR'S SALARY 100 100 0 SELECTMEN'S SALARIES 15,000 15,000 0 SELECTMEN'S EXPENSE 3,000 5,000 -2,000 SELECTMEN'S SECRETARY 44,950.20 43,029 1,921.20 RESERVE FUND 70,000 135,000 -65,000 FINCOM EXPENSES 150 300 -150 ACCOUNTANT'S SALARY 57,249.94 54,761 2,488.94 ACCOUNTANT'S EXPENSE 8,500 9,000 -500 FINANCE DIRECTOR SALARY 93,750 88,750 5,000 FINANCE DEPARTMENT EXPENSE 40,350.00 42,800 -2,450 FINANCE DEPARTMENT WAGES 22,927.63 20,250 2,677.63 ' ASSESSOR'S SALARY 9,890 9,890 0 ASSESSOR'S WAGES 44,694.30 43,001 1,693.30 ASSESSOR'S EXPENSE 57,400 62,150 -4,750 AUDIT TOWN BOOKS 25,000 25,000 0 TREASURER-COLLECTOR WAGES 33,441.21 37,900 -4,458.79 LEGAL EXPENSE 75,000 75,000 0 PERSONNEL BOARD 500 3,000 -2,500 TOWN CLERK'S SALARY 48,415.33 49,921 -1,505.67 TOWN CLERK'S WAGES 25,000 37,355 -12,355 TOWN CLERK STIPEND -0- 1,000 -1,000 TOWN CLERK'S EXPENSE 6,995 8,000 -1,005 TOWN CODE BOOKS 3,750 4,000 -250 ELECTION EXPENSE 9,600 9,600 - REGISTRARS VOTERS SALARIES 750 750 0 REGISTRARS VOTERS EXPENSE 4,734.12 5,000 -265.88 CONSERVATION COMM. WAGES 13,303.68 11,157 2,146.68 CONSERVATION COMM.AGENT SALARY 49,318.16 47,174 2,144.16 287 CONSERVATION COMM. EXPENSE 6,150 7,000 -850 TREE WARDEN SALARY 3,000 3,000 0 TREE WARDEN EXPENSE 5,000 14,000 -9,000 CLAM FLATS EXPENSE/WAGES 4,000 5,185 -1,185 PLANNING BOARD WAGES 60,184.27 57,564 2,620.27 PLANNING BOARD EXPENSE 4,900 5,500 -600 MERRIMACK VALLEY PLANNING COMM. 2,215,08 2,177 38.08 ZONING BOARD OF APPEALS -WAGES 900 900 0 ZONING BOARD OF APPEALS - EXPENSE 500 500 0 TOWN HALL MAINT. -WAGES 0 11,800 -11,800 TOWN HALL MAINT. - EXPENSE 47,750 50,000 -2,250 PUBLIC BUILDING MAINTENANCE 36,000 45,030 -9,030 TOWN REPORTS 1,500 3,000 -1,500 INSURANCE EXPENSE 147,000 145,000 2,000 POLICE DEPARTMENT WAGES 1,116,178.04 1,083,668 32,510.04 EMERGENCY MGT DIRECTOR SALARY 5,000 5,000 0 POLICE EXPENSE 110,000 108,700 1,300 FIRE PROTECTION-WAGES - P#1 98,973.06 97,760 1,213.06 FRIE PROTECTION-WAGES - P#2 91,457.18 89,004 2,453.18 CALL FIRE P# 1 70,658 70,658 0 CALL FIRE P#2 70,658 70,658 0 FIRE PROTECTION-FLAT RATE-P#1 74,750 74,750 0 FIRE PROTECTION-FLAT RATE-P#2 74,750 74,750 0 FOREST FIRES-P# 1 2,500 2,500 0 FOREST FIRES-P#2 2,500 2,500 0 FIRE ALARM MAINT. EXPENSE 7,000 7,000 0 HYDRANT SERVICE 11,475 11,475 0 AMBULANCE SERVICE 15,000 15,000 0 BUILDING INSPECTOR SALARY 57,502.74 55,000 2,502.74 ASST. BUILDING INSPECTOR 9,400.55 8,985 415.55 BUILDING INSPECTOR WAGES 6,538.06 7,438 -899.94 BUILDING INSPECTOR EXPENSE 6,975 7,500 -525 GAS INSPECTOR'S EXPENSE 6,000 7,500 -1,500 PLUMBING INSPECTOR'S EXPENSE 10,000 10,000 SEALER OF WEIGHTS & MEASURES 2,500 2,500 0 WIRE INSPECTOR'S EXPENSE 11,500 20,000 -8,500 CIVIL DEFENSE -0- 1,500 -1500 ACO SALARY 17,364.62 17,108 256.62 ACO EXPENSE 8,000 0 8,000 PARKING CLERK'S SALARY 2,400 2,400 0 PARKING CLERK'S EXPENSE 600 600 0 TRITON REGIONAL CAPITAL IMPROV. 165,399 181,953 -16,554 HIGHWAY LABOR 422,500.28 407,171 15,329.28 SNOW REMOVAL WAGES/EXPENSE 95,000 95,000 0 STREET LIGHTING 47,000 47,000 0 HIGHWAY MAINTENANCE 70,000 80,000 -10,000 TRUCK MAINTENANCE 85,000 95,000 -10,000 GARAGE MAINTENANCE 20,000 25,000 -5,000 BOARD OF HEALTH EXPENSE 223,000 273,540 -50,540 288 BOARD OF HEALTH WAGES 57,250 57,942 -692 PUBLIC HEALTH SERVICES EXPENSE 11,000 11,875 -875 COUNCIL ON AGING WAGES 71,505.29 68,488 3,017.29 COUNCIL ON AGING EXPENSE 12,800 14,040 -1,240 VETERANS SERVICES EXPENSE 14,000 18,000 -4,000 VETERANS SERVICES SALARY 2,400 0 2,400 NEWBURY TOWN LIBRARY WAGES 199,413.27 219,500 -20,086.73 NEWBURY TOWN LIBRARY EXPENSES 63,000 84,000 -21,000 375T"ANNIVERSARY COMM. 375 375 0 LIFEGUARD WAGES 40,000 47,750 -7,750 , LIFEGUARD EXPENSES 5,000 5,000 0 PARKS EXPENSE 25,000 40,000 -15,000 HISTORIC COMMISSION 650 650 0 MEMORIAL DAY 600 600 0 COST OF BONDING 19,391.53 30,519 -11,127.47 LONG TERM DEBT PRINCIPAL 1,703,404.08 1,686,195 17,209.08 SHORT TERM DEBT INTEREST 15,376.13 27,982 -12,605.87 LONG TERM DEBT INTEREST 631,151.46 702,759 -71,607.54 PROP/EXCISE INTEREST -0- 500 -500 HEALTH & DENTAL INSURANCE 545,000 536,389 8,611 EMPLOYEE LIFE INSURANCE 1,900 1,900 0 FICA MEDICARE 63,750 63,750 0 ARTICLE 2 TOTALS 7,583,415.21 7,871,376 ,287,960.79 ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $8,209,998 FOR THE PURPOSE OF FUNDING THE ASSESSMENT TO THE TOWN BY THE TRITON REGIONAL SCHOOL DISTRICT FOR FY2009;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $135,918 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY09 ASSESSMENT TO NEWBURY; OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ' ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$327,194 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 2009;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $3,355 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 2008;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 7. 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; OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS 289 ARTICLE 8. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF$1,013,287.59 FROM CHAPTER 90 AVAILABLE FUNDS FOR USE BY THE DEPARTMENT OF PUBLIC WORKS; OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 9. 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$62,973.30 DURING THE NEXT FISCAL YEAR OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 10. To see if the Town will authorize the Board of Health to establish a revolving home composting bin account in accordance with section 53E'/z of Chapter 44 of the General Laws in order to place revenue collected from the sale of compost bins which shall be used to purchase additional compost bins,advertise the availability of such bins,and further that the Board of Health is authorized to spend $5,000 during the next fiscal year: or act in relation thereto. ARTICLE 11. To see if the Town will authorize the Recreation Committee to establish a revolving fund in accordance with section 53E'/2 of Chapter 44 of the General Laws for the purposes of maintaining certain fields,and,further that the Recreation Committee is authorized to spend$15,000 during the next fiscal year; or act in relation thereto. ARTICLE 12. To see if the Town will raise and appropriate,appropriate from free cash or transfer from available funds the sum of$164,953 for the purpose of paying cherry sheet assessments in fiscal year 2009; or act in relation thereto. ARTICLE 13. To see if the Town will vote to transfer from free cash a sum of$7,500 to the Treasurer's Tax Title Fund for the purpose of placing the properties of delinquent taxpayers into tax title;or act in relation thereto. ARTICLE 14. To see if the Town will vote to transfer from free cash a sum or$17,500 to the Byfield Town Hall ADA Compliance Project Fund for the purpose of constructing a handicap ramp at the Byfield Town Hall;or act in relation thereto. ARTICLE 15. To see if the Town will vote to accept the provisions of paragraph 2,section 2 of Chapter 60 of the General Laws relative to the ability of the Collector to waive uncollected taxes of less than $10.00;or act in relation thereto. ARTICLE 16. To see if the Town will vote to raise and appropriate or transfer from available funds,in anticipation of special assessment revenue,the sum of$659,865.47 for the purposes of paying debt service for the Plum Island Water and Sewer Project;or act in relation thereto. ARTICLE 17. To see if the Town will vote to direct the Board of Selectmen to petition the General Court to enact the following: AN ACT ESTABLISHING A SELECTMEN-ADMINISTRATOR FORM OF GOVERNMENT FOR THE TOWN OF NEWBURY. Be it enacted by the Senate and House of Revresentatives in General Court assembled,and by the authority of the same,as follows: 290 SECTION 1. Upon the effective date of this act,the town of Newbury shall be governed by the provisions of this act. To the extent that the provisions of this act modify or repeal existing general laws and special acts or that body of law which constitutes the town charter under Section 9 of Article LXXXD{of the Amendments to the Constitution of the Commonwealth,this act shall govem. SECTION 2. The administration of all of the fiscal,prudential,and municipal affairs of the town shall remain vested in the executive branch headed by the board of selectmen and the legislative powers of the town shall remain vested in a town meeting open to all voters. SECTION 3. The board of selectmen shall appoint the chief of police and all other police officers,the town counsel,the administrative assistant to the selectmen,the personnel board,the zoning board of appeals,the finance committee,two members of the capital planning committee,the board of fire engineers,and all other appointed boards,committees,and commissions except as may be otherwise specified in this act. SECTION 4. The regional school committee members shall continue to be elected in conformity with the votes of the regional school district. All powers,rights and duties,now or hereafter conferred or imposed by law upon the regional school committee,shall be exercised and performed by the regional school committee. Nothing in this act shall be construed to affect the powers and duties of the regional school committee as provided by law. SECTION 5. A member of the board of selectmen,or of the regional school committee, or of the finance committee,shall,during the term for which he or she was elected or appointed,be ineligible either by election or appointment to hold any other town office.Any other person appointed by the selectmen or town administrator to any town office under the provisions of this act or of any general or special law shall be eligible during the term of said office to appointment to any other town office,except that the town accountant shall not be eligible to hold the position of town treasurer or the position of town collector.The town administrator,subject to any applicable provision of the General Laws relating thereto,may assume the duties of any office which he is authorized to fill by appointment. SECTION 6. The selectmen elected as provided herein shall appoint,as soon as practicable,for a definite term to be set by the selectmen,a town administrator who shall be a person especially fitted by education, training,and experience,to perform the duties of the office. The town administrator shall be appointed without regard to his or her political affiliations or beliefs. He or she need not be a resident of the town or of the commonwealth. He or she shall possess a college degree at the bachelor level and shall have had three years of full-time paid experience in a supervisory administrative position.A masters degree may substitute for not more than one year of such paid experience. He or she shall execute a bond in favor of ' the town for the faithful performance of his or her duties in such sum and with such surety or sureties as may be fixed or approved by the selectmen,the cost of which shall be paid by the town. The selectmen shall enter into a formal contract with the town administrator and may set a job description for the town administrator which shall take precedence over any personnel by-laws. SECTION 7.Any vacancy in the office of town administrator shall be filled as soon as possible by the selectmen. Pending the appointment of a town administrator or the filling of any vacancy,the selectmen shall,within seven days,appoint a suitable person to perform the duties of the office. SECTION 8.The town administrator may designate, subject to approval by the board of selectmen,by letter filed with the town clerk,a qualified officer of the town to perform his or her duties during his or her temporary absence or disability. In the event of failure of the administrator to make such designation,the selectmen may,by resolution,designate an officer of the town to perform the duties of the administrator until he or she shall return or his or her disability shall cease. SECTION 9.During any term of appointment of the administrator,the board of selectmen may,under the terms and conditions of the contract entered into between the town and the administrator as set forth in Section 6 above,remove the administrator for good cause. In the event of such removal,the administrator 1 291 shall receive a severance pay in the amount equal to one month's pay for each full year of service to the town,but in no event more than an amount equal to three month's pay. SECTION 10.The town administrator shall receive such compensation for his or her services as the board of selectmen shall determine but it shall not exceed the amount appropriated therefore by the town. SECTION 11.In addition to specific powers and duties provided in this act,the town administrator shall have the general powers and duties enumerated in this section: (a)The town administrator shall supervise the heads of all departments and shall supervise and direct the general administration of all commissions,boards,and offices,except:the board of selectmen;the regional school committee;the planning board;the board of health;the board of assessors;the finance committee; the library trustees;the town counsel;and the moderator. He or she shall not,however,exercise any control over the discretionary power vested by statute in any such board,committee,commission,or office. (b)The town administrator,in accordance with the provisions of this act and with the approval of the board of selectmen,except as otherwise expressly prohibited by the General Laws,may reorganize,consolidate, or abolish departments,commissions,boards,or offices under his direction and supervision,in whole or in part,and may establish such new departments,commissions,boards,or offices as he or she deems necessary and may transfer the powers and duties of one department,commission,board,or office to I another. (c)The town administrator shall approve,upon the recommendation of department heads,the appointment and removal of all officers and employees of the town. Department heads shall select,on merit and fitness alone,all department employees for such recommendation. The town administrator shall appoint on merit and fitness alone,and may remove,all officers and employees of the town who are not otherwise appointed or elected under this act. (d)The town administrator shall attend all regular meetings of the board of selectmen. (e)The town administrator shall keep full and complete records of his or her office,and shall render as often as may be required by the selectmen,but,in any case,annually,a full report of all operations during the period reported on. (f)The town administrator shall keep the selectmen fully advised as to the needs of the town and shall recommend to the selectmen for adoption such measures requiring action by them or by the town as he or she may deem necessary or expedient. (g)The town administrator shall have jurisdiction over the rental and use of all town property and shall be responsible for the maintenance and repair of all town buildings. He or she shall be responsible for the preparation of plans and the supervision of work on existing buildings and on the construction of new buildings. (h)The town administrator shall appoint the chief procurement officer of the town who shall be responsible for the purchase of all supplies and materials and equipment,except books and educational materials for schools and books and other media for libraries,and shall approve the award of all contracts for all departments of the town. The chief procurement officer may hold other positions with the town consistent with his or her role hereunder. (i)The town administrator shall administer,either directly or through a person or persons appointed by him or her in accordance with this act all provisions of general and special laws applicable to said town,all town by-laws and all regulations established by the selectmen. 0)The town administrator shall have authority,with the approval of the board of selectmen and the town counsel,to prosecute,defend and compromise all litigation to which the town is a party,and shall be the executive officer of a public employer in the town as referred to in chapter two hundred and fifty-eight of the General Laws pertaining to the processing of claims against the town. (k)The town administrator shall be the selectmen's agent for collective bargaining and may request the town counsel to assist him or her in the performance of these duties. (1)The town administrator shall secure on or before December first of each year from all offices,boards, and committees charged with equipment,a list of all such equipment upon forms approved by the finance committee. Such lists shall be filed with the town accountant who shall transmit them to the clerk of the finance committee. (m)The town administrator shall attend all town meetings and shall be permitted to speak when recognized by the moderator. 292 (n)The town administrator shall be responsible for the implementation of town meeting votes and shall report annually in writing to the town meeting on the status of prior town meeting votes on which implementation is not complete. (o)The town administrator shall be accessible and available during regular office hours for consultation to chair persons of boards,committees,and commissions of the town,whether appointed or elected,and shall make accessible and available to them all such data and records of his or her office as may be requested in connection with their official duties. (p)The town administrator shall perform such other duties,consistent with his office,as may be required of him or her by the by-laws of the town or by vote of the selectmen or town meeting. SECTION 12.The town administrator may,without notice,cause the affairs of any division or department under his or her supervision,or the job-related conduct of any officer or employee thereof,to be examined. The town administrator shall have access to all town books and papers for information necessary for the proper performance of his or her duties. The town administrator shall promptly transmit any findings of wrongdoing to the board of selectmen. SECTION 13.The town administrator shall appoint,with the approval of the board of selectmen,the town treasurer,the tax collector,the town accountant,the building inspector and assistant building inspector,the conservation agent,the highway superintendent,the harbormaster,the town planner,and the director of veterans'affairs.The town administrator shall appoint,and may remove subject to the approval of the board of selectmen,all department heads,all officers,and all subordinates and employees for whom no other method of appointment is provided in this act,except:the assistant town clerk,who shall be appointed by the town clerk;and persons serving under other elected agencies and appointments made by representatives of the commonwealth. Appointments to permanent positions made by the town administrator shall become effective on the fifteenth day following the day notice of appointment is filed with the board of selectmen,unless the board of selectmen shall,within that period,by a majority vote of the full board,vote to reject any such appointment. SECTION 14.The registered voters of the town of Newbury shall,in accordance with any applicable laws, town by-laws,and votes of the town,continue to elect the following: (a)Moderator (b)Board of Selectmen (c)Regional School Committee Members (d)Planning Board (e)Board of Health (f)Library Trustees (g)Town Clerk (h)Constables (i)Fish Commissioners 0)Trustees of the First Settlers Burial Ground (k)Tree Warden (1)Board of Assessors The provisions of this act shall not affect the term of office of any such elected official or elected member of such board,committee or authority. Every other elective office,board,committee,or commission of the town shall be terminated or shall become appointive as provided herein,any other provision of law to the contrary notwithstanding.The term of office of any person elected to any office,board, committee, or commission of the town,existing at the time of such acceptance and terminated hereunder,shall continue until the appointment of the town administrator,and thereafter the said offices,boards,committees,and commissions shall be abolished,and all powers,duties and obligations conferred or imposed thereon by law, except as provided by this act,shall be conferred and imposed upon the town administrator to the extent hereinafter provided.The term of office of any person elected to any office,board,committee,or commission,existing as an elected office at the time of the acceptance of this act and having become appointive hereunder,shall continue until the term for which that person was elected shall have expired, 295 and until the appointment and qualification of his successor. The powers,duties,and responsibilities of elected officials shall be as now or hereafter provided by applicable provisions of the General Laws,special acts,town by-laws,and votes of the town,except as otherwise expressly provided herein. Notwithstanding the election by the voters of the town of the officers named in this section,such officers shall be available to the administrator for consultation,conference and discussion on matters relating to their respective offices. The town administrator may require all such officials,except the selectmen,to prepare reports for the town administrator necessary for the efficient administration of any of his or her fiscal responsibilities. SECTION 15.At least ninety days prior to the annual town meeting,the town administrator shall submit to the board of selectmen a careful,detailed estimate,in writing,of the probable expenditures of the town government for the ensuing fiscal year,stating the amount required to meet the interest and maturing bonds and notes or other outstanding indebtedness of the town,and showing specifically the amount necessary to be provided for each fund and department,together with a statement of the expenditures of the town for the same purposes in the preceding year and an estimate of the expenditures for the current year. He or she shall also submit a statement showing all revenues received by the town in the preceding fiscal year together with an estimate of the receipts of the current year and an estimate of the amount of income from all sources of revenue exclusive of taxes upon property in the ensuing year. He or she shall report the probable amount required to be levied and raised by taxation to defray all expenses and liabilities of the town,together with an estimate of the tax rate necessary to raise said amount. For the purposes of enabling the town administrator to make up the annual estimates of expenditures,all boards,offices,and committees of the town shall,at least one hundred and twenty days prior to the annual town meeting,furnish all information in their possession and submit to him or her,in writing,a detailed estimate of the appropriations required for the efficient and proper conduct of their respective departments during the next fiscal year. SECTION 16.The board of selectmen shall consider the tentative budget submitted by the town administrator and make such recommendations relative thereto as it deems expedient and proper in the interests of the town. On or before the seventy-fifth day prior to the annual town meeting,the board of selectmen shall transmit a copy of the budget,together with its recommendations relative thereto,to each member of the finance committee. SECTION 17.The town administrator shall perform the duties of the town's director of municipal finance and,as such,shall be the chief fiscal officer of the town. Warrants for the payment of town funds prepared by the town accountant in accordance with the provisions of section fifty-six of chapter forty-one of the General Laws shall be submitted to the town administrator. The approval of any such warrant by the town administrator shall be sufficient authority to authorize payment by the town treasurer,but the selectmen shall approve all warrants in the event of a vacancy in the office of town administrator. SECTION 18. All laws,town by-laws,votes,rules,and regulations,whether enacted by authority of the town or by any other authority,which are in force in the town of Newbury on the effective date of this act, or any portion or portions thereof,not inconsistent with the provisions of this act,shall continue in full force and effect until otherwise provided by other laws,town by-laws,votes,rules,and regulations, respectively. SECTION 19. No contract existing,and no action at law or suit in equity,or other proceeding pending on the effective date of this act shall be affected by the enactment hereof. SECTION 20. Any person holding a town office or employment under the town shall retain such office or employment and shall continue to perform his or her duties until provisions shall have been made in accordance with this act for the performance of said duties by another person or agency. No person who continues in the permanent full-time service or employment of the town shall forfeit his or her pay grade or time in service. SECTION 21. This act shall take effect upon its passage; or act in relation thereto. 294 ARTICLE 18. To see if the Town will vote to direct the Board of Selectmen to petition the General Court to enact legislation in either one of the two following forms: 1. Increase the membership of the Board of Selectmen from its present three members elected for staggered three year terms to five members elected for staggered three year terms beginning with the next Annual Town Election that is scheduled to occur at least 65 days following the enactment of this Act, at , which election three members shall be elected to join the then two incumbents on the Board,two elected for a regular term of three years and one elected for an initial term of two years;or 2. Increase the membership of the Board of Selectmen from its present three members elected for staggered three year terms to five members elected for staggered three year terms beginning with the next Annual Town Election that is scheduled to occur at least 65 days following the enactment of the Act,at which election three members shall be elected to join the then two incumbents on the Board. The candidate receiving the highest vote at that election would have a three year term,the next highest a two year term and the third highest a one year term; or act in relation thereto. ARTICLE 19. SENSE OF THE MEETING VOTE(Non-binding): Should the Town retain the Woodbridge School or sell it? ARTICLE 20. To see if the Town will vote to authorize the Board of Selectmen to seek proposals for, and to convey,on such terms as they deem prudent,the 5.4 acre parcel of land on Plum Island situated southerly of Temple Boulevard that was conveyed to the Town by deed of the Free Men of Parker River May 29 1953 and recorded in the Essex South Registry of Deeds at Book 4348 Page 269;or act in dated y g try g relation thereto. ARTICLE 21. To see if the Town will vote to authorize the Board of Selectmen to seek proposals from governmental entities and non-profit land conservation organizations and to convey to any such entity or organization,on such terms as they deem prudent,the 5.4 acre parcel of land on Plum Island situated southerly of Temple Boulevard that was conveyed to the Town by deed of the Free Men of Parker River dated May 29, 1953,and recorded in the Essex South Registry of Deeds at Book 4348,Page 269;or act in relation thereto. ARTICLE 22. To see if the Town will vote to authorize the Board of Selectmen to enter into inter- municipal agreements with one or more municipalities to permit the member municipalities to lease municipal equipment or vehicles from one another,to acquire jointly by lease,purchase,or otherwise, equipment or vehicles,or to share operational costs of such equipment or vehicles, all on terms satisfactory to the Board of Selectmen;or act in relation thereto. ARTICLE 23. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation to name the new bridge on Hay Street the William L.Plante Bridge; or act in relation thereto. 295 ARTICLE 24. To see if the Town will vote to amend its Zoning By-Laws by replacing the existing Section 97-10A(1)thereof with the following: §97-10 General Regulations A. Nonconforming Uses and Structures(Except Plum Island Overlay District). (1)Continuance: (a)The lawful use of any structure or land existing at the time of enactment or subsequent amendment of this By-Law may be continued,although such structure or use does not conform to the provisions of this By-Law. But if any such nonconforming use or structure is not used for a period of two(2)years,it shall not thereafter be resumed. Nonconforming uses may be changed,extended or altered,provided,however,that no such change,extension or alteration shall be permitted unless there is a finding by the Zoning Board of Appeals that such change, extension or alteration shall not substantially be more detrimental than the existing nonconforming use to the neighborhood. (b) Nonconforming structures may be reconstructed,extended, altered,or structurally changed upon a determination by the Building Inspector that such proposed reconstruction, extension,alteration,or change does not increase the nonconforming nature of such structure. The following circumstances shall not be deemed to increase the nonconforming nature of such structure: (i) alteration to a structure located on a lot with insufficient area which complies with all current setback,yard,building coverage,and building height requirements. (ii) alteration to a structure located on a lot with insufficient frontage which complies with all current setback,yard, building coverage,and building height requirements. (iii) alteration to a structure which encroaches upon one or more required yard or setback areas,where the alteration will comply with all current setback,yard,building coverage and building height requirements. In the event that the Building Inspector determines that the nonconforming nature of such structure would be increased by the proposed reconstruction,extension,alteration,or change, the Zoning Board of Appeals may,by finding,allow such reconstruction,extension,alteration,or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. 66 (c) Constructions or operations under a building or special permit shall conform to any subsequent amendment to this By-Law unless the use or construction is commenced within a period of not more than six(6)months after the issuance of the permit and,in cases involving construction,unless such construction is continued through completion,as continuously and expeditiously as is reasonable; or act in relation thereto. , ARTICLE 25. To see if the Town will vote to adopt the following By-Law: RIGHT TO FARM BY-LAW Section 1. Purpose and Intent The purpose and intent of this by-law is to state with emphasis the right to farm accorded to all citizens of the Commonwealth under amendment Article 97 of the Massachusetts Constitution and all statutes and regulations thereunder including but not limited to General Laws Chapter 40A,section 3; Chapter 90, Section 9; Chapter 111,Section 125A;and Chapter 128, Section 1A. We the citizens of Newbury restate and republish these rights pursuant to the Town's authority conferred under the Home Rule Amendment to the Massachusetts Constitution. This by-law encourages the pursuit of agriculture,promotes agriculture-based economic opportunities,and protects farmlands within the Town by allowing agricultural uses and related activities to function with minimal conflict with abutters and Town boards and commissions. This by-law shall apply to all jurisdictional areas within the Town. Section 2. Definitions The word"farm"shall include any parcel or contiguous parcels of land,or water bodies used for the primary purpose of commercial agriculture,or accessory thereto. The words"farming"or"agriculture"or their derivatives shall include,but not be limited to the following: farming in all its branches and the cultivation and tillage of the soil;dairying;production, cultivation,growing,and harvesting of any agricultural,aquacultural,floricultural, viticultural,or horticultural commodities;growing and harvesting of forest products upon forest land,and any other forestry or lumbering operations;raising of livestock including horses;keeping of horses as a commercial enterprise;and keeping and raising of poultry, cattle, swine,ratites(such as emus, ostriches and rheas)and camelids(such as llamas and camels),and other domesticated animals for food and other agricultural purposes, including bees and fur-bearing animals. "Farming"shall encompass activities including,but not limited to,the following: operation and transportation of slow-moving farm equipment over roads within the Town;control of pests,including,but not limited to,insects,weeds,predators and disease organisms of plants and animals;application of manure,fertilizers and pesticides; conducting agriculture-related educational and farm-based recreational activities, including agri-tourism,provided that the activities are related to marketing the agricultural output or services of the farm;processing and packaging of the agricultural 297 output of the farm and the operation of a farmer's market or farm stand including signage thereto;maintenance,repair,or storage of seasonal equipment,or apparatus owned or leased by the farm owner or manager used expressly for the purpose of propagation, processing,management,or sale of agricultural products;and on-farm relocation of earth and the clearing of ground for farming operations. Section 3. Right to Farm Declaration The right to farm is hereby recognized to exist within the Town of Newbury. The above-described activities may occur on holidays,weekdays,and weekends by night or day and shall include the attendant incidental noise,odors,dust,and fumes associated with normally accepted agricultural practices. It is hereby determined that whatever impact may be caused to others through the normal practice of agriculture is more than offset by the benefits of farming in the neighborhood,community,and society in general. The benefits and protections of this by-law are intended to apply exclusively to those commercial agricultural and farming operations and activities conducted in accordance with generally accepted agricultural practices. Moreover,nothing in this by-law shall be deemed as acquiring any interest in land,or as imposing any land use regulations,which is properly the subject of state statute,regulation,or local zoning. Section 4. Disclosure Notification Not later than 21 days after the execution of a purchase and sale agreement for the purchase of any real estate is entered into,or prior to the sale or exchange of real property if no purchase and sale agreement exists,for the purchase or exchange of real property,or prior to the acquisition of a leasehold interest or other possessory interest in real property,located in Newbury,the landowner shall present to the buyer or occupant with a disclosure notification which states the following: "It is the policy of Newbury to conserve,protect and encourage the maintenance and improvement of agricultural land for the production of food,or other agricultural products,and also for its natural and ecological value. This disclosure notification is to inform buyers or occupants that the property they are about to acquire or occupy lies within a town where farming activities occur. Such farming activities may include,but are not limited to,activities that may cause noise,dust or odors. Buyers and occupants are also informed that the location of property within Newbury may be impacted by commercial agricultural operations including the ability to access water services for such property under certain circumstances." A copy of the disclosure notification shall be signed by the landowner prior to the sales,purchase, exchange or occupancy of real property. A copy of the disclosure notification must be filed with the Board of Selectmen prior to the sale,purchase,exchange or occupancy of such real property. In addition,the Town may mail a copy of this disclosure notification to all landowners once each fiscal year by inclusion in its mailing of real estate or excise taxes. Any violation of this section shall be subject to a fine of$300 and shall be enforced by the Board of Selectmen or its designee. The Town is authorized to enforce this section under the non-criminal disposition provision of G.L.c.40,§21D. Section 5. Resolution of Disputes The Town hereby establishes an Agricultural Commission to serve as facilitator and advocate for encouraging the pursuit of farming and agriculture in Newbury,and to promote agricultural-based economic opportunities in the Town,which shall work with Town officials and boards to promote and protect agricultural interests. The Commission shall consist of five members appointed by the Board of Selectmen,two members to be initially appointed for a term of three years,two members for a term of two years,and one member for a term of one year,all reappointments thereafter to be for a term on three years. Up to three alternates may be appointed by the Board of Selectmen for one year terms. 298 Any person who seeks to complain about the operation of a farm may,notwithstanding pursuing any other available remedy,file a grievance with the Board of Selectmen,the Zoning Enforcement Officer, or the Board of Health,depending on the nature of the grievance. The filing of a grievance does not suspend the time within which to pursue any other available remedies that the aggrieved person may have. The Board of Selectmen or Zoning Enforcement Officer shall forward a copy of the grievance to the Agricultural Commission which shall review and facilitate the resolution of the grievance, and report its recommendations to the referring town officials. The Board of Health,except in cases of imminent danger or a public health risk,shall forward a copy of the grievance to the Agricultural Commission,which shall review and facilitate the resolution of the grievance,and report its recommendations to the Board of Health. Section 6. Severability Clause If any part of this by-law is for any reason held to be unconstitutional or invalid,such determination shall not affect the remainder of this by-law. The Town of Newbury hereby declares the provisions of this by-law to be severable; or act in relation thereto. ARTICLE 26. To see if the Town will vote to have the Selectmen appoint a committee to investigate the condition of some of the cemeteries in town. Many of which are often in need of upkeep and do not always give visitors a good impression of Newbury. Ownership is also in question in some cases,and there is need for long range planning to assure future upkeep. This committee shall meet,investigate,try to find answers as to a long range plan of the Town with regard to such cemeteries,and report back at a future Town Meeting with their recommendations: or act in relation thereto. BY REQUEST OF RICHARD CUNNINGHAM AND OVER TEN OTHERS ARTICLE 27. To see if the Town will vote to assume liability in the manner provided by Section 29, 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 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 28. 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. , 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 12th DAY OF MAY,2008. p SELECTMEN,TOWN OF NEWBURY A TRUE COPY AA 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, 1fUNUWVAff Vfg]R$SIl➢l�>AI? RFII#IIi�P�FA9 D THE INHABITANTS OF THE TOWN OF NEWBURY,QUALIFIED TO VOTE IN TOWN AFFAIRS, MaIMEET AT THE TIME AND PLACE MEN3=MMEOR THE PURPOSE HEREIN NAMED. DATE: CONSTABLE: . TOWN OF NEWBURY ANNUAL TOWN MEETING MAY 27,2008 RESULTS MODERATOR RICHARD JOY CALLED THE MEETING TO ORDER AT 7:15 PM WITH A QUORUM PRESENT. COUNTERS ASSIGNED FOR THE EVENING WERE DOUGLAS NOYES, BRENDAN STOKES AND JAMES CUNNINGHAM, RETURN OF THE WARRANT WAS READ BY CONSTABLE JAMES CUNNINGHAM. INTRODUCTION OF GUESTS INCLUDED SENATOR BRUCE TARR, AS WELL AS REPRESENTATIVES FROM WHITTIER AND TRITON SCHOOL SYSTEMS ALONG WITH SCHOOL COMMITTEES MEMBERS. ARTICLE 1. MOVED AND SECONDED TO ACT ON THE REPORTS OF THE SELECTMEN, TREASURER,COLLECTOR,AUDITOR,SCHOOL COMMITTEE, SPECIAL COMMITTEES AND ALL OTHER TOWN OFFICERS.PASSED ARTICLE 2. FRANK REMLEY,CHAIRMAN OF THE FINANCE COMMITTEE AND CHARLES KOSTRO,FINANCE DIRECTOR GAVE A BRIEF SUMMARY OF THE ARTICLE. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND TAKE FROM FREE CASH AND OTHER AVAILABLE FUNDS$7,583,415.21 FOR THE OPERATION OF THE TOWN IN FISCAL 2009;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS FY09 FY 08 CHANGE MODERATOR'S SALARY 100 100 0 SELECTMEN'S SALARIES 15,000 15,000 0 SELECTMEN'S EXPENSE 3,000 5,000 -2,000 SELECTMEN'S SECRETARY 44,950.20 43,029 1,921.20 RESERVE FUND 70,000 135,000 -65,000 FINCOM EXPENSES 150 300 -150 ACCOUNTANT'S SALARY 57,249.94 54,761 2,488.94 ACCOUNTANT'S EXPENSE 8,500 9,000 -500 FINANCE DIRECTOR SALARY 93,750 88,750 5,000 FINANCE DEPARTMENT EXPENSE 40,350.00 42,800 -2,450 FINANCE DEPARTMENT WAGES 22,927.63 20,250 2,677.63 ASSESSOR'S SALARY 9,890 9,890 0 ASSESSOR'S WAGES 44,694.30 43,001 1,693.30 ASSESSOR'S EXPENSE 57,400 62,150 -4,750 AUDIT TOWN BOOKS 25,000 25,000 0 TREASURER-COLLECTOR WAGES 33,441.21 37,900 -4,458.79 LEGAL EXPENSE 75,000 75,000 0 PERSONNEL BOARD 500 3,000 -2,500 TOWN CLERK'S SALARY 48,415.33 49,921 -1,505.67 TOWN CLERK'S WAGES 25,000 37,355 -12,355 TOWN CLERK STIPEND -0- 1,000 -1,000 TOWN CLERK'S EXPENSE 6,995 8,000 -1,005 TOWN CODE BOOKS 3,750 4,000 -250 ELECTION EXPENSE 9,600 9,600 - REGISTRARS VOTERS SALARIES 750 750 0 REGISTRARS VOTERS EXPENSE 4,734.12 5,000 -265.88 300 CONSERVATION COMM. WAGES 13,303.68 11,157 2,146.68 CONSERVATION COMM. AGENT SALARY 49,318.16 47,174 2,144.16 CONSERVATION COMM. EXPENSE 6,150 7,000 -850 TREE WARDEN SALARY 3,000 3,000 0 TREE WARDEN EXPENSE 5,000 14,000 -9,000 CLAM FLATS EXPENSE/WAGES 4,000 5,185 -1,185 PLANNING BOARD WAGES 60,184.27 57,564 2,620.27 PLANNING BOARD EXPENSE 4,900 5,500 -600 MERRIMACK VALLEY PLANNING COMM. 2,215,08 2,177 38.08 ZONING BOARD OF APPEALS-WAGES 900 900 0 , ZONING BOARD OF APPEALS - EXPENSE 500 500 0 TOWN HALL MAINT.-WAGES 0 11,800 -11,800 TOWN HALL MAINT.-EXPENSE 47,750 50,000 -2,250 PUBLIC BUILDING MAINTENANCE 36,000 45,030 -9,030 TOWN REPORTS 1,500 3,000 -1,500 INSURANCE EXPENSE 147,000 145,000 2,000 POLICE DEPARTMENT WAGES 1,116,178.04 1,083,668 32,510.04 EMERGENCY MGT DIRECTOR SALARY 5,000 5,000 0 POLICE EXPENSE 110,000 108,700 1,300 FIRE PROTECTION-WAGES-P#1 98,973.06 97,760 1,213.06 FRIE PROTECTION-WAGES-P#2 91,457.18 89,004 2,453.18 CALL FIRE P# 1 70,658 70,658 0 CALL FIRE P#2 70,658 70,658 0 FIRE PROTECTION-FLAT RATE-P#1 74,750 74,750 0 FIRE PROTECTION-FLAT RATE-P#2 74,750 74,750 0 FOREST FIRES-P# 1 2,500 2,500 0 FOREST FIRES-P#2 2,500 2,500 0 FIRE ALARM MAINT. EXPENSE 7,000 7,000 0 HYDRANT SERVICE 11,475 11,475 0 AMBULANCE SERVICE 15,000 15,000 0 BUILDING INSPECTOR SALARY 57,502.74 55,000 2,502.74 ASST. BUILDING INSPECTOR 9,400.55 8,985 415.55 BUILDING INSPECTOR WAGES 6,538.06 7,438 -899.94 ' BUILDING INSPECTOR EXPENSE 6,975 7,500 -525 GAS INSPECTOR'S EXPENSE 6,000 7,500 -1,500 PLUMBING INSPECTOR'S EXPENSE 10,000 10,000 SEALER OF WEIGHTS & MEASURES 2,500 2,500 0 WIRE INSPECTOR'S EXPENSE 11,500 20,000 -8,500 CIVIL DEFENSE -0- 1,500 -1500 ACO SALARY 17,364.62 17,108 256.62 ACO EXPENSE 8,000 0 8,000 PARKING CLERK'S SALARY 2,400 2,400 0 PARKING CLERK'S EXPENSE 600 600 0 TRITON REGIONAL CAPITAL IMPROV. 165,399 181,953 -16,554 HIGHWAY LABOR 422,500.28 407,171 15,329.28 SNOW REMOVAL WAGES/EXPENSE 95,000 95,000 0 STREET LIGHTING 47,000 47,000 0 HIGHWAY MAINTENANCE 70,000 80,000 -10,000 TRUCK MAINTENANCE 85,000 95,000 -10,000 GARAGE MAINTENANCE 20,000 25,000 -5,000 BOARD OF HEALTH EXPENSE 223,000 273,540 -50,540 BOARD OF HEALTH WAGES 57,250 57,942 -692 PUBLIC HEALTH SERVICES EXPENSE 11,000 11,875 -875 COUNCIL ON AGING WAGES 71,505.29 68,488 3,017.29 COUNCIL ON AGING EXPENSE 12,800 14,040 -1,240 VETERANS SERVICES EXPENSE 14,000 18,000 -4,000 VETERANS SERVICES SALARY 2,400 0 2,400 NEWBURY TOWN LIBRARY WAGES 199,413.27 219,500 -20,086.73 NEWBURY TOWN LIBRARY EXPENSES 63,000 84,000 -21,000 375T" ANNIVERSARY COMM. 375 375 0 LIFEGUARD WAGES 40,000 47,750 -7,750 LIFEGUARD EXPENSES 5,000 5,000 0 PARKS EXPENSE 25,000 40,000 -15,000 HISTORIC COMMISSION 650 650 0 MEMORIAL DAY 600 600 0 COST OF BONDING 19,391.53 30,519 -11,127.47 LONG TERM DEBT PRINCIPAL 1,703,404.08 1,686,195 17,209.08 SHORT TERM DEBT INTEREST 15,376.13 27,982 -12,605.87 LONG TERM DEBT INTEREST 631,151.46 702,759 -71,607.54 PROP/EXCISE INTEREST -0- 500 -500 HEALTH & DENTAL INSURANCE 545,000 536,389 8,611 EMPLOYEE LIFE INSURANCE 1,900 1,900 0 FICA MEDICARE 63,750 63,750 0 ARTICLE 2 TOTALS 7,583,415.21 7,871,376 -287,960.79 PASSED. ARTICLE 3. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$8,209,998 FOR THE PURPOSE OF FUNDING THE ASSESSMENT TO THE TOWN BY THE TRITON REGIONAL SCHOOL DISTRICT FOR FY2009;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED. ARTICLE 4. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$135,918 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY09 ASSESSMENT TO NEWBURY;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED. ARTICLE 5. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$327,194 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 2009;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED. ARTICLE 6. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF$3,355 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 2008;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED. 302 ARTICLE 7. MOVED AND SECONDED 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;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED. ARTICLE 8. MOVED AND SECONDED TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF$1,013,287.59 FROM CHAPTER 90 AVAILABLE FUNDS FOR USE BY THE DEPARTMENT OF PUBLIC WORKS;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED. ARTICLE 9. MOVED AND SECONDED 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'/s OF CHAPTER 44 MGL. THE HARBORMASTER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND$62,973.30 DURING THE NEXT FISCAL YEAR OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PASSED. ARTICLE 10. MOVED AND SECONDED To see if the Town will authorize the Board of Health to establish a revolving home composting bin account in accordance with section 53E'/x of Chapter 44 of the General Laws in order to place revenue collected from the sale of compost bins which shall be used to purchase additional compost bins,advertise the availability of such bins,and further that the Board of Health is authorized to spend$5,000 during the next fiscal year: or act in relation thereto. PASSED. ARTICLE 11. MOVED AND SECONDED To see if the Town will authorize the Recreation Committee , to establish a revolving fond in accordance with section 53E %of Chapter 44 of the General Laws for the purposes of maintaining certain fields,and,further that the Recreation Committee is authorized to spend $15,000 during the next fiscal year; or act in relation thereto. PASSED. ARTICLE 12. MOVED AND SECONDED To see if the Town will raise and appropriate,appropriate from free cash or transfer from available funds the sum of$164,953 for the purpose of paying cherry sheet assessments in fiscal year 2009;or act in relation thereto. PASSED. ARTICLE 13. MOVED AND SECONDED To see if the Town will vote to transfer from free cash a sum of$7,500 to the Treasurer's Tax Title Fund for the purpose of placing the properties of delinquent taxpayers into tax title;or act in relation thereto. PASSED. ARTICLE 14. MOVED AND SECONDED To see if the Town will vote to transfer from free cash a sum or$17,500 to the Byfield Town Hall ADA Compliance Project Fund for the purpose of constructing a handicap ramp at the Byfield Town Hall;or act in relation thereto. PASSED. 303 ARTICLE 15. MOVED AND SECONDED To see if the Town will vote to accept the provisions of paragraph 2,section 2 of Chapter 60 of the General Laws relative to the ability of the Collector to waive uncollected taxes of less than$10.00;or act in relation thereto. FRANK REMLEY,CHAIRMAN OF THE FINANCE COMMITTEE MOVED TO PASS OVER THE ARTICLE WHICH WAS SECONDED AND PASSED. ARTICLE 16. MOVED AND SECONDED To see if the Town will vote to raise and appropriate or transfer from available funds,in anticipation of special assessment revenue,the sum of$659,865.47 for the purposes of paying debt service for the Plum Island Water and Sewer Project;or act in relation thereto. PASSED. ARTICLE 17. MOVED AND SECONDED To see if the Town will vote to direct the Board of Selectmen to petition the General Court to enact the following: AN ACT ESTABLISHING A SELECTMEN-ADMINISTRATOR FORM OF GOVERNMENT FOR THE TOWN OF NEWBURY. Be it enacted by the Senate and House of Reuresentatives in General Court assembled.and by the authoritv of the same,as follows: SECTION 1. Upon the effective date of this act,the town of Newbury shall be governed by the provisions of this act. To the extent that the provisions of this act modify or repeal existing general laws and special acts or that body of law which constitutes the town charter under Section 9 of Article LXXXIX of the Amendments to the Constitution of the Commonwealth,this act shall govern. SECTION 2. The administration of all of the fiscal,prudential,and municipal affairs of the town shall remain vested in the executive branch headed by the board of selectmen and the legislative powers of the town shall remain vested in a town meeting open to all voters. SECTION 3. The board of selectmen shall appoint the chief of police and all other police officers,the town counsel,the administrative assistant to the selectmen,the personnel board,the zoning board of appeals,the finance committee,two members of the capital planning committee,the board of fire engineers,and all other appointed boards,committees,and commissions except as may be otherwise specified in this act. SECTION 4. The regional school committee members shall continue to be elected in conformity with the votes of the regional school district. All powers,rights and duties,now or hereafter conferred or imposed by law upon the regional school committee,shall be exercised and performed by the regional school committee. Nothing in this act shall be construed to affect the powers and duties of the regional school committee as provided by law. SECTION 5. A member of the board of selectmen,or of the regional school committee,or of the finance committee,shall,during the term for which he or she was elected or appointed,be ineligible either by election or appointment to hold any other town office.Any other person appointed by the selectmen or town administrator to any town office under the provisions of this act or of any general or special law shall be eligible during the term of said office to appointment to any other town office,except that the town accountant shall not be eligible to hold the position of town treasurer or the position of town collector.The town administrator,subject to any applicable provision of the General Laws relating thereto,may assume the duties of any office which he is authorized to fill by appointment. SECTION 6. The selectmen elected as provided herein shall appoint,as soon as practicable,for a definite term to be set by the selectmen,a town administrator who shall be a person especially fitted by education, training,and experience,to perform the duties of the office. The town administrator shall be appointed without regard to his or her political affiliations or beliefs. He or she need not be a resident of the town or of the commonwealth. He or she shall possess a college degree at the bachelor level and shall have had three years of full-time paid experience in a supervisory administrative position.A masters degree may substitute for not more than one year of such paid experience. He or she shall execute a bond in favor of the town for the faithful performance of his or her duties in such sum and with such surety or sureties as may be fixed or approved by the selectmen,the cost of which shall be paid by the town.The selectmen shall enter into a formal contract with the town administrator and may set a job description for the town administrator which shall take precedence over any personnel by-laws. SECTION 7.Any vacancy in the office of town administrator shall be filled as soon as possible by the selectmen. Pending the appointment of a town administrator or the filling of any vacancy,the selectmen shall, within seven days,appoint a suitable person to perform the duties of the office. SECTION 8.The town administrator may designate,subject to approval by the board of selectmen,by letter filed with the town clerk,a qualified officer of the town to perform his or her duties during his or her temporary absence or disability. In the event of failure of the administrator to make such designation,the selectmen may,by resolution,designate an officer of the town to perform the duties of the administrator until he or she shall return or his or her disability shall cease. SECTION 9.During any term of appointment of the administrator,the board of selectmen may,under the terms and conditions of the contract entered into between the town and the administrator as set forth in Section 6 above,remove the administrator for good cause. In the event of such removal,the administrator shall receive a severance pay in the amount equal to one month's pay for each full year of service to the town,but in no event more than an amount equal to three month's pay. SECTION 10.The town administrator shall receive such compensation for his or her services as the board of selectmen shall determine but it shall not exceed the amount appropriated therefore by the town. SECTION 11.In addition to specific powers and duties provided in this act,the town administrator shall have the general powers and duties enumerated in this section: (a)The town administrator shall supervise the heads of all departments and shall supervise and direct the general administration of all commissions,boards,and offices,except:the board of selectmen;the regional school committee;the planning board;the board of health;the board of assessors;the finance committee; the library trustees;the town counsel;and the moderator. He or she shall not,however,exercise any control over the discretionary power vested by statute in any such board,committee,commission,or office. (b)The town administrator,in accordance with the provisions of this act and with the approval of the board of selectmen,except as otherwise expressly prohibited by the General Laws,may reorganize,consolidate, or abolish departments,commissions,boards,or offices under his direction and supervision,in whole or in part,and may establish such new departments,commissions,boards,or offices as he or she deems necessary and may transfer the powers and duties of one department,commission,board,or office to another. (c)The town administrator shall approve,upon the recommendation of department heads,the appointment and removal of all officers and employees of the town. Department heads shall select,on merit and fitness alone,all department employees for such recommendation. The town administrator shall appoint on merit and fitness alone,and may remove,all officers and employees of the town who are not otherwise appointed or elected under this act. (d)The town administrator shall attend all regular meetings of the board of selectmen. (e)The town administrator shall keep full and complete records of his or her office,and shall render as often as may be required by the selectmen,but,in any case,annually,a full report of all operations during the period reported on. (f)The town administrator shall keep the selectmen fully advised as to the needs of the town and shall recommend to the selectmen for adoption such measures requiring action by them or by the town as he or she may deem necessary or expedient. (g)The town administrator shall have jurisdiction over the rental and use of all town property and shall be responsible for the maintenance and repair of all town buildings. He or she shall be responsible for the preparation of plans and the supervision of work on existing buildings and on the construction of new buildings. (h)The town administrator shall appoint the chief procurement officer of the town who shall be responsible for the purchase of all supplies and materials and equipment,except books and educational materials for schools and books and other media for libraries,and shall approve the award of all contracts for all -3o5 departments of the town. The chief procurement officer may hold other positions with the town consistent with his or her role hereunder. (i)The town administrator shall administer,either directly or through a person or persons appointed by him or her in accordance with this act all provisions of general and special laws applicable to said town,all town by-laws and all regulations established by the selectmen. 0)The town administrator shall have authority,with the approval of the board of selectmen and the town counsel,to prosecute,defend and compromise all litigation to which the town is a party,and shall be the executive officer of a public employer in the town as referred to in chapter two hundred and fifty-eight of the General Laws pertaining to the processing of claims against the town. (k)The town administrator shall be the selectmen's agent for collective bargaining and may request the town counsel to assist him or her in the performance of these duties. (1)The town administrator shall secure on or before December first of each year from all offices,boards, and committees charged with equipment,a list of all such equipment upon forms approved by the finance committee. Such lists shall be filed with the town accountant who shall transmit them to the clerk of the finance committee. (m)The town administrator shall attend all town meetings and shall be permitted to speak when recognized by the moderator. (n)The town administrator shall be responsible for the implementation of town meeting votes and shall report annually in writing to the town meeting on the status of prior town meeting votes on which implementation is not complete. (o)The town administrator shall be accessible and available during regular office hours for consultation to chair persons of boards,committees,and commissions of the town,whether appointed or elected,and shall make accessible and available to them all such data and records of his or her office as may be requested in connection with their official duties. (p)The town administrator shall perform such other duties,consistent with his office,as may be required of him or her by the by-laws of the town or by vote of the selectmen or town meeting. SECTION 12.The town administrator may,without notice,cause the affairs of any division or department under his or her supervision,or the job-related conduct of any officer or employee thereof,to be examined. The town administrator shall have access to all town books and papers for information necessary for the proper performance of his or her duties. The town administrator shall promptly transmit any findings of wrongdoing to the board of selectmen. SECTION 13.The town administrator shall appoint,with the approval of the board of selectmen,the town treasurer,the tax collector,the town accountant,the building inspector and assistant building inspector,the conservation agent,the highway superintendent,the harbormaster,the town planner,and the director of veterans' affairs.The town administrator shall appoint,and may remove subject to the approval of the board of selectmen,all department heads,all officers,and all subordinates and employees for whom no other method of appointment is provided in this act,except:the assistant town clerk,who shall be appointed by the town clerk;and persons serving under other elected agencies and appointments made by representatives of the commonwealth. Appointments to permanent positions made by the town administrator shall become effective on the fifteenth day following the day notice of appointment is filed with the board of selectmen,unless the board of selectmen shall,within that period,by a majority vote of the full board,vote to reject any such appointment. SECTION 14.The registered voters of the town of Newbury shall,in accordance with any applicable laws, town by-laws,and votes of the town,continue to elect the following: (a)Moderator (b)Board of Selectmen (c)Regional School Committee Members (d)Planning Board (e)Board of Health (f)Library Trustees (g)Town Clerk (h)Constables (i)Fish Commissioners 0)Trustees of the First Settlers Burial Ground (k)Tree Warden (1)Board of Assessors The provisions of this act shall not affect the term of office of any such elected official or elected member of such board,committee or authority. Every other elective office,board,committee,or commission of the town shall be terminated or shall become appointive as provided herein,any other provision of law to the contrary notwithstanding.The term of office of any person elected to any office,board,committee,or commission of the town,existing at the time of such acceptance and terminated hereunder,shall continue until the appointment of the town administrator,and thereafter the said offices,boards,committees,and , commissions shall be abolished,and all powers,duties and obligations conferred or imposed thereon by law,except as provided by this act,shall be conferred and imposed upon the town administrator to the extent hereinafter provided.The term of office of any person elected to any office,board,committee,or commission,existing as an elected office at the time of the acceptance of this act and having become appointive hereunder,shall continue until the term for which that person was elected shall have expired, and until the appointment and qualification of his successor. The powers,duties,and responsibilities of elected officials shall be as now or hereafter provided by applicable provisions of the General Laws,special acts,town by-laws,and votes of the town,except as otherwise expressly provided herein. Notwithstanding the election by the voters of the town of the officers named in this section,such officers shall be available to the administrator for consultation,conference and discussion on matters relating to their respective offices. The town administrator may require all such officials,except the selectmen,to prepare reports for the town administrator necessary for the efficient administration of any of his or her fiscal responsibilities. SECTION 15.At least ninety days prior to the annual town meeting,the town administrator shall submit to the board of selectmen a careful,detailed estimate,in writing,of the probable expenditures of the town government for the ensuing fiscal year,stating the amount required to meet the interest and maturing bonds and notes or other outstanding indebtedness of the town, and showing specifically the amount necessary to be provided for each fund and department,together with a statement of the expenditures of the town for the same purposes in the preceding year and an estimate of the expenditures for the current year. He or she shall also submit a statement showing all revenues received by the town in the preceding fiscal year together with an estimate of the receipts of the current year and an estimate of the amount of income from all sources of revenue exclusive of taxes upon property in the ensuing year. He or she shall report the probable amount required to be levied and raised by taxation to defray all expenses and liabilities of the town,together with an estimate of the tax rate necessary to raise said amount. For the purposes of enabling the town administrator to make up the annual estimates of expenditures,all boards,offices,and committees of the town shall,at least one hundred and twenty days prior to the annual town meeting, furnish all , information in their possession and submit to him or her,in writing,a detailed estimate of the appropriations required for the efficient and proper conduct of their respective departments during the next fiscal year. SECTION 16.The board of selectmen shall consider the tentative budget submitted by the town administrator and make such recommendations relative thereto as it deems expedient and proper in the interests of the town. On or before the seventy-fifth day prior to the annual town meeting,the board of selectmen shall transmit a copy of the budget,together with its recommendations relative thereto,to each member of the finance committee. SECTION 17.The town administrator shall perform the duties of the town's director of municipal finance and,as such,shall be the chief fiscal officer of the town. Warrants for the payment of town funds prepared by the town accountant in accordance with the provisions of section fifty-six of chapter forty-one of the General Laws shall be submitted to the town administrator. The approval of any such warrant by the town administrator shall be sufficient authority to authorize payment by the town treasurer,but the selectmen shall approve all warrants in the event of a vacancy in the office of town administrator. SECTION 18. All laws,town by-laws,votes,rules,and regulations,whether enacted by authority of the town or by any other authority,which are in force in the town of Newbury on the effective date of this act, or any portion or portions thereof,not inconsistent with the provisions of this act,shall continue in full 507 force and effect until otherwise provided by other laws,town by-laws, votes,rules,and regulations, respectively. SECTION 19. No contract existing,and no action at law or suit in equity,or other proceeding pending on the effective date of this act shall be affected by the enactment hereof. SECTION 20. Any person holding a town office or employment under the town shall retain such office or employment and shall continue to perform his or her duties until provisions shall have been made in accordance with this act for the performance of said duties by another person or agency. No person who continues in the permanent full-time service or employment of the town shall forfeit his or her pay grade or time in service. SECTION 21. This act shall take effect upon its passage; or act in relation thereto. DON BADE,CHAIRMAN OF THE PERSONNEL BOARD MOVED TO AMEND SECTION 6 OF THE ARTICLE SO THAT IT NOW READS: AN ACT ESTABLISHING A SELECTMEN-ADMINISTRATOR FORM OF GOVERNMENT FOR THE TOWN OF NEWBURY. Be it enacted by the Senate and House of Representatives in General Court assembled,and by the authority of the same,as follows: SECTION 1. Upon the effective date of this act,the town of Newbury shall be governed by the provisions of this act. To the extent that the provisions of this act modify or repeal existing general laws and special acts or that body of law which constitutes the town charter under Section 9 of Article LXXXIX of the Amendments to the Constitution of the Commonwealth,this act shall govern. SECTION 2. The administration of all of the fiscal,prudential,and municipal affairs of the town shall remain vested in the executive branch headed by the board of selectmen and the legislative powers of the town shall remain vested in a town meeting open to all voters. SECTION 3. The board of selectmen shall appoint the chief of police and all other police officers,the town counsel,the administrative assistant to the selectmen,the personnel board,the zoning board of appeals,the finance committee,two members of the capital planning committee,the board of fire engineers,and all other appointed boards,committees,and commissions except as may be otherwise specified in this act. SECTION 4. The regional school committee members shall continue to be elected in conformity with the votes of the regional school district. All powers,rights and duties,now or hereafter conferred or imposed by law upon the regional school committee,shall be exercised and performed by the regional school committee. Nothing in this act shall be construed to affect the powers and duties of the regional school committee as provided by law. SECTION 5. A member of the board of selectmen,or of the regional school committee,or of the finance committee,shall,during the term for which he or she was elected or appointed,be ineligible either by election or appointment to hold any other town office.Any other person appointed by the selectmen or town administrator to any town office under the provisions of this act or of any general or special law shall be eligible during the term of said office to appointment to any other town office,except that the town accountant shall not be eligible to hold the position of town treasurer or the position of town collector.The town administrator,subject to any applicable provision of the General Laws relating thereto,may assume the duties of any office which he is authorized to fill by appointment. SECTION 6. The selectmen elected as provided herein shall appoint,as soon as practicable,for a definite term to be set by the selectmen,a town administrator who shall be a person especially fitted by education, training,and experience,to perform the duties of the office. The town administrator shall be appointed 30� without regard to his or her political affiliations or beliefs. He or she need not be a resident of the town or of the commonwealth. He or she shall possess a college degree at the bachelor level and shall have had three years of full-time paid experience in a supervisory administrative position.A masters degree may substitute for not more than one year of such paid experience. He or she shall execute a bond in favor of the town for the faithful performance of his or her duties in such sum and with such surety or sureties as may be fixed or approved by the selectmen,the cost of which shall be paid by the town."The selectmen shall enter into a formal contract with the town administrator and establish a compensation and benefits package which may take precedence over any personnel by-laws." SECTION 7.Any vacancy in the office of town administrator shall be filled as soon as possible by the selectmen. Pending the appointment of a town administrator or the filling of any vacancy,the selectmen , shall,within seven days,appoint a suitable person to perform the duties of the office. SECTION 8.The town administrator may designate,subject to approval by the board of selectmen,by letter filed with the town clerk,a qualified officer of the town to perform his or her duties during his or her temporary absence or disability. In the event of failure of the administrator to make such designation,the selectmen may,by resolution,designate an officer of the town to perform the duties of the administrator until he or she shall return or his or her disability shall cease. SECTION 9.During any tent of appointment of the administrator,the board of selectmen may,under the terms and conditions of the contract entered into between the town and the administrator as set forth in Section 6 above,remove the administrator for good cause. In the event of such removal,the administrator shall receive a severance pay in the amount equal to one month's pay for each full year of service to the town,but in no event more than an amount equal to three month's pay. SECTION 10.The town administrator shall receive such compensation for his or her services as the board of selectmen shall determine but it shall not exceed the amount appropriated therefore by the town. SECTION 11. In addition to specific powers and duties provided in this act,the town administrator shall have the general powers and duties enumerated in this section: (a)The town administrator shall supervise the heads of all departments and shall supervise and direct the general administration of all commissions,boards,and offices,except:the board of selectmen;the regional school committee;the planning board;the board of health;the board of assessors;the finance committee; the library trustees;the town counsel;and the moderator. He or she shall not,however,exercise any control over the discretionary power vested by statute in any such board,committee,commission,or office. (b)The town administrator,in accordance with the provisions of this act and with the approval of the board of selectmen,except as otherwise expressly prohibited by the General Laws,may reorganize,consolidate, or abolish departments,commissions,boards,or offices under his direction and supervision,in whole or in , part,and may establish such new departments,commissions,boards,or offices as he or she deems necessary and may transfer the powers and duties of one department,commission,board,or office to another. (c)The town administrator shall approve,upon the recommendation of department heads,the appointment and removal of all officers and employees of the town. Department heads shall select,on merit and fitness alone,all department employees for such recommendation. The town administrator shall appoint on merit and fitness alone,and may remove,all officers and employees of the town who are not otherwise appointed or elected under this act. (d)The town administrator shall attend all regular meetings of the board of selectmen. (e)The town administrator shall keep full and complete records of his or her office,and shall render as often as may be required by the selectmen,but, in any case,annually,a full report of all operations during the period reported on. (f)The town administrator shall keep the selectmen fully advised as to the needs of the town and shall recommend to the selectmen for adoption such measures requiring action by them or by the town as he or she may deem necessary or expedient. (g)The town administrator shall have jurisdiction over the rental and use of all town property and shall be responsible for the maintenance and repair of all town buildings. He or she shall be responsible for the preparation of plans and the supervision of work on existing buildings and on the construction of new buildings. 09 (h)The town administrator shall appoint the chief procurement officer of the town who shall be responsible for the purchase of all supplies and materials and equipment,except books and educational materials for schools and books and other media for libraries,and shall approve the award of all contracts for all departments of the town. The chief procurement officer may hold other positions with the town consistent with his or her role hereunder. (i)The town administrator shall administer,either directly or through a person or persons appointed by him or her in accordance with this act all provisions of general and special laws applicable to said town,all town by-laws and all regulations established by the selectmen. 0)The town administrator shall have authority,with the approval of the board of selectmen and the town counsel,to prosecute,defend and compromise all litigation to which the town is a party,and shall be the executive officer of a public employer in the town as referred to in chapter two hundred and fifty-eight of the General Laws pertaining to the processing of claims against the town. (k)The town administrator shall be the selectmen's agent for collective bargaining and may request the town counsel to assist him or her in the performance of these duties. (1)The town administrator shall secure on or before December first of each year from all offices,boards, and committees charged with equipment,a list of all such equipment upon forms approved by the finance committee. Such lists shall be filed with the town accountant who shall transmit them to the clerk of the finance committee. (m)The town administrator shall attend all town meetings and shall be permitted to speak when recognized by the moderator. (n)The town administrator shall be responsible for the implementation of town meeting votes and shall report annually in writing to the town meeting on the status of prior town meeting votes on which implementation is not complete. (o)The town administrator shall be accessible and available during regular office hours for consultation to chair persons of boards,committees,and commissions of the town,whether appointed or elected,and shall make accessible and available to them all such data and records of his or her office as may be requested in connection with their official duties. (p)The town administrator shall perform such other duties,consistent with his office,as may be required of him or her by the by-laws of the town or by vote of the selectmen or town meeting. SECTION 12.The town administrator may,without notice,cause the affairs of any division or department under his or her supervision,or the job-related conduct of any officer or employee thereof,to be examined. The town administrator shall have access to all town books and papers for information necessary for the proper performance of his or her duties. The town administrator shall promptly transmit any findings of wrongdoing to the board of selectmen. SECTION 13.The town administrator shall appoint,with the approval of the board of selectmen,the town treasurer,the tax collector,the town accountant,the building inspector and assistant building inspector,the conservation agent,the highway superintendent,the harbormaster,the town planner,and the director of veterans'affairs.The town administrator shall appoint,and may remove subject to the approval of the board of selectmen,all department heads,all officers,and all subordinates and employees for whom no other method of appointment is provided in this act,except:the assistant town clerk,who shall be appointed by the town clerk;and persons serving under other elected agencies and appointments made by representatives of the commonwealth. Appointments to permanent positions made by the town administrator shall become effective on the fifteenth day following the day notice of appointment is filed with the board of selectmen,unless the board of selectmen shall,within that period,by a majority vote of the full board,vote to reject any such appointment. SECTION 14.The registered voters of the town of Newbury shall,in accordance with any applicable laws, town by-laws,and votes of the town,continue to elect the following: (a)Moderator (b)Board of Selectmen (c)Regional School Committee Members (d)Planning Board (e)Board of Health (f)Library Trustees (g)Town Clerk (h)Constables (i)Fish Commissioners 0)Trustees of the First Settlers Burial Ground (k)Tree Warden (1)Board of Assessors The provisions of this act shall not affect the term of office of any such elected official or elected member of such board,committee or authority. Every other elective office,board,committee,or commission of the town shall be terminated or shall become appointive as provided herein,any other provision of law to the , contrary notwithstanding.The term of office of any person elected to any office,board,committee, or commission of the town,existing at the time of such acceptance and terminated hereunder,shall continue until the appointment of the town administrator,and thereafter the said offices,boards,committees,and commissions shall be abolished,and all powers,duties and obligations conferred or imposed thereon by law,except as provided by this act,shall be conferred and imposed upon the town administrator to the extent hereinafter provided.The term of office of any person elected to any office,board,committee,or commission,existing as an elected office at the time of the acceptance of this act and having become appointive hereunder,shall continue until the term for which that person was elected shall have expired, and until the appointment and qualification of his successor. The powers,duties,and responsibilities of elected officials shall be as now or hereafter provided by applicable provisions of the General Laws,special acts,town by-laws,and votes of the town,except as otherwise expressly provided herein. Notwithstanding the election by the voters of the town of the officers named in this section,such officers shall be available to the administrator for consultation,conference and discussion on matters relating to their respective offices. The town administrator may require all such officials,except the selectmen,to prepare reports for the town administrator necessary for the efficient administration of any of his or her fiscal responsibilities. SECTION 15.At least ninety days prior to the annual town meeting,the town administrator shall submit to the board of selectmen a careful,detailed estimate,in writing,of the probable expenditures of the town government for the ensuing fiscal year,stating the amount required to meet the interest and maturing bonds and notes or other outstanding indebtedness of the town,and showing specifically the amount necessary to be provided for each fund and department,together with a statement of the expenditures of the town for the same purposes in the preceding year and an estimate of the expenditures for the current year. He or she shall also submit a statement showing all revenues received by the town in the preceding fiscal year together with an estimate of the receipts of the current year and an estimate of the amount of income from all sources of revenue exclusive of taxes upon property in the ensuing year. He or she shall report the probable amount required to be levied and raised by taxation to defray all expenses and liabilities of the , town,together with an estimate of the tax rate necessary to raise said amount. For the purposes of enabling the town administrator to make up the annual estimates of expenditures,all boards,offices,and committees of the town shall,at least one hundred and twenty days prior to the annual town meeting,furnish all information in their possession and submit to him or her,in writing,a detailed estimate of the appropriations required for the efficient and proper conduct of their respective departments during the next fiscal year. SECTION 16.The board of selectmen shall consider the tentative budget submitted by the town administrator and make such recommendations relative thereto as it deems expedient and proper in the interests of the town. On or before the seventy-fifth day prior to the annual town meeting,the board of selectmen shall transmit a copy of the budget,together with its recommendations relative thereto,to each member of the finance committee. SECTION 17.The town administrator shall perform the duties of the town's director of municipal finance and,as such,shall be the chief fiscal officer of the town. Wan-ants for the payment of town funds prepared by the town accountant in accordance with the provisions of section fifty-six of chapter forty-one of the General Laws shall be submitted to the town administrator. The approval of any such warrant by the town administrator shall be sufficient authority to authorize payment by the town treasurer,but the selectmen shall approve all warrants in the event of a vacancy in the office of town administrator. 1.1 SECTION 18. All laws,town by-laws,votes,rules,and regulations,whether enacted by authority of the town or by any other authority,which are in force in the town of Newbury on the effective date of this act, or any portion or portions thereof,not inconsistent with the provisions of this act,shall continue in full force and effect until otherwise provided by other laws,town by-laws,votes,rules,and regulations, respectively. SECTION 19. No contract existing,and no action at law or suit in equity,or other proceeding pending on the effective date of this act shall be affected by the enactment hereof. SECTION 20. Any person holding a town office or employment under the town shall retain such office or employment and shall continue to perform his or her duties until provisions shall have been made in accordance with this act for the performance of said duties by another person or agency. No person who continues in the permanent full-time service or employment of the town shall forfeit his or her pay grade or time in service. SECTION 21. This act shall take effect upon its passage; or act in relation thereto. AMENDMENT SECONDED AND PASSED. DAVID POWELL,MEMBER OF THE PLANNING BOARD ALSO MOVED TO CHANGE SECTION 13 OF THE ARTICLE SO THAT THE SENTENCE; the town planner,who shall be appointed by the PlanninLy Board as permitted by MGL Chanter 41, Section 81a.BE ADDED BUT THIS AMENDMENT FAILED BY A COUNTED VOTE OF YES-62 TO NO-70. THEN THE VOTE ON MAIN MOTION AS AMENDED PASSED. ARTICLE 18. MOVED AND SECONDED To see if the Town will vote to direct the Board of Selectmen to petition the General Court to enact legislation in either one of the two following forms: 1. Increase the membership of the Board of Selectmen from its present three members elected for staggered three year terms to five members elected for staggered three year terms beginning with the next Annual Town Election that is scheduled to occur at least 65 days following the enactment of this Act,at which election three members shall be elected to join the then two incumbents on the Board,two elected for a regular term of three years and one elected for an initial term of two years;or 2. Increase the membership of the Board of Selectmen from its present three members elected for staggered three year terms to five members elected for staggered three year terms beginning with the next Annual Town Election that is scheduled to occur at least 65 days following the enactment of the Act,at which election three members shall be elected to join the then two incumbents on the Board. The candidate receiving the highest vote at that election would have a three year term,the next highest a two year term and the third highest a one year term; or act in relation thereto. PASSED TO INCREASE THE BOARD TO FIVE MEMBERS USING OPTION 1. ARTICLE 19. MOVED AND SECONDED SENSE OF THE MEETING VOTE(Non-binding): Should the Town retain the Woodbridge School or sell it? SENSE TO SELL PASSED. 312 ARTICLE 20. MOVED AND SECONDED To see if the Town will vote to authorize the Board of Selectmen to seek proposals for,and to convey,on such terms as they deem prudent,the 5.4 acre parcel of land on Plum Island situated southerly of Temple Boulevard that was conveyed to the Town by deed of the Free Men of Parker River dated May 29, 1953,and recorded in the Essex South Registry of Deeds at Book 4348,Page 269;or act in relation thereto. SCOTT ACKERLY MOVED TO AMEND THE ARTICLE so that it now reads: To see if the Town will vote to authorize the Board of Selectmen to seek proposals for, the 5.4 acre parcel of land on Plum Island situated southerly of Temple Boulevard that was conveyed to the Town by deed of the Free Men of Parker River dated May 29, 1953,and recorded in the Essex South Registry of Deeds at Book 4348,Page 269;or act in relation thereto. Town Meeting shall retain the authority to approve or dismiss conveyance and terms on a proposal or proposals submitted to Town Meeting by the Selectmen. No proposal for conveyance shall include ocean beach and the primary dune. AMENDMENT SECONDED AND VOTED PASSED. MAIN MOTION WITH AMENDMENT SECONDED AND WITH A COUNTED VOTE OF YES-34 TO NO-42,NEEDING A 2/3RDS.VOTE ARTICLE FAILS. ARTICLE 21. MOVED AND SECONDED To see if the Town will vote to authorize the Board of Selectmen to seek proposals from governmental entities and non-profit land conservation organizations and to convey to any such entity or organization,on such terms as they deem prudent,the 5.4 acre parcel of land on Plum Island situated southerly of Temple Boulevard that was conveyed to the Town by deed of the Free Men of Parker River dated May 29, 1953,and recorded in the Essex South Registry of Deeds at Book 4348,Page 269;or act in relation thereto. SCOTT ACKERLY MOVED TO AMEND THE ARTICLE so that it now reads: To see if the Town will vote to authorize the Board of Selectmen to seek proposals from governmental entities and non-profit land conservation organizations for the 5.4 acre parcel of land on Plum Island situated southerly of Temple Boulevard that was conveyed to the Town by deed of the Free Men of Parker River dated May 29, 1953, and recorded in the Essex South Registry of Deeds at Book 4348,Page 269;or act in relation thereto. Town Meeting shall retain the authority to approve or dismiss conveyance and terms on a proposal or proposals submitted to Town Meeting by Selectmen. No proposal for conveyance shall include the ocean beach and the primary dune. SECONDED AND PASSED. VOTE ON ARTICLE WITH AMENDMENT PASSED WITH A COUNTED VOTE OF YES-77 TO NO-15. ARTICLE 22. MOVED AND SECONDED To see if the Town will vote to authorize the Board of Selectmen to enter into inter-municipal agreements with one or more municipalities to permit the member municipalities to lease municipal equipment or vehicles from one another,to acquire jointly by lease, , purchase,or otherwise,equipment or vehicles,or to share operational costs of such equipment or vehicles, all on terms satisfactory to the Board of Selectmen;or act in relation thereto. PASSED. ARTICLE 23. MOVED AND SECONDED To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation to name the new bridge on Hay Street the William L.Plante Bridge;or act in relation thereto. PASSED. 1 ARTICLE 24. MOVED AND SECONDED To see if the Town will vote to amend its Zoning By-Laws by replacing the existing Section 97-10A(1)thereof with the following: §97-10 General Regulations A. Nonconforming Uses and Structures(Except Plum Island Overlay District). (1)Continuance: (a)The lawful use of any structure or land existing at the time of enactment or subsequent amendment of this By-Law may be continued,although such structure or use does not conform to the provisions of this By-Law. But if any such nonconforming use or structure is not used for a period of two(2)years,it shall not thereafter be resumed. Nonconforming uses may be changed,extended or altered,provided,however,that no such change,extension or alteration shall be permitted unless there is a finding by the Zoning Board of Appeals that such change, extension or alteration shall not substantially be more detrimental than the existing nonconforming use to the neighborhood. (b) Nonconforming structures may be reconstructed,extended, altered,or structurally changed upon a determination by the Building Inspector that such proposed reconstruction, extension,alteration,or change does not increase the nonconforming nature of such structure. The following circumstances shall not be deemed to increase the nonconforming nature of such structure: (i) alteration to a structure located on a lot with insufficient area which complies with all current setback,yard,building coverage,and building height requirements. (ii) alteration to a structure located on a lot with insufficient frontage which complies with all current setback,yard, building coverage,and building height requirements. (iii) alteration to a structure which encroaches upon one or more required yard or setback areas,where the alteration will comply with all current setback,yard,building coverage and building height requirements. In the event that the Building Inspector determines that the nonconforming nature of such structure would be increased by the proposed reconstruction,extension,alteration,or change, the Zoning Board of Appeals may,by finding,allow such reconstruction,extension,alteration,or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. 3 �4 (c) Constructions or operations under a building or special permit shall conform to any subsequent amendment to this By-Law unless the use or construction is commenced within a period of not more than six(6)months after the issuance of the permit and,in cases involving construction,unless such construction is continued through completion,as continuously and expeditiously as is reasonable; or act in relation thereto. A PROPOSED AMENDMENT BY ROBERT CONNORS WAS WITHDRAWN. NEEDING A 2/3'xo. VOTE ARTICLE PASSED WITH A COUNT OF YES-72 TO NO-6. ARTICLE 25. MOVED AND SECONDED To see if the Town will vote to adopt the following By- Law: RIGHT TO FARM BY-LAW Section 1. Purpose and Intent The purpose and intent of this by-law is to state with emphasis the right to farm accorded to all citizens of the Commonwealth under amendment Article 97 of the Massachusetts Constitution and all statutes and regulations thereunder including but not limited to General Laws Chapter 40A, section 3; Chapter 90,Section 9;Chapter 111,Section 125A;and Chapter 128,Section 1A. We the citizens of Newbury restate and republish these rights pursuant to the Town's authority conferred under the Home Rule Amendment to the Massachusetts Constitution. This by-law encourages the pursuit of agriculture,promotes agriculture-based economic opportunities,and protects farmlands within the Town by allowing agricultural uses and related activities to function with minimal conflict with abutters and Town boards and commissions. This by-law shall apply to all jurisdictional areas within the Town. Section 2. Definitions The word"farm"shall include any parcel or contiguous parcels of land,or water bodies used for the primary purpose of commercial agriculture,or accessory thereto. The words"farming"or"agriculture"or their derivatives shall include,but not be limited to the following: farming in all its branches and the cultivation and tillage of the soil; dairying;production, cultivation, growing,and harvesting of any agricultural,aquacultural,floricultural, viticultural,or horticultural commodities;growing and harvesting of forest products upon forest land, and any other forestry or lumbering operations;raising of livestock including horses;keeping of horses as a commercial enterprise;and keeping and raising of poultry, cattle,swine,ratites(such as emus, ostriches and rheas)and camelids(such as llamas and camels),and other domesticated animals for food and other agricultural purposes, including bees and fur-bearing animals. "Farming"shall encompass activities including,but not limited to,the following: operation and transportation of slow-moving farm equipment over roads within the Town;control of pests,including,but not limited to,insects,weeds,predators and disease organisms of plants and animals;application of manure,fertilizers and pesticides; conducting agriculture-related educational and farm-based recreational activities, including agri-tourism,provided that the activities are related to marketing the agricultural output or services of the farm;processing and packaging of the agricultural output of the farm and the operation of a farmer's market or farm stand including signage thereto;maintenance,repair,or storage of seasonal equipment,or apparatus owned or leased by the farm owner or manager used expressly for the purpose of propagation, processing,management,or sale of agricultural products;and on-farm relocation of earth and the clearing of ground for farming operations. Section 3. Right to Farm Declaration The right to farm is hereby recognized to exist within the Town of Newbury. The above-described activities may occur on holidays,weekdays,and weekends by night or day and shall include the attendant incidental noise,odors,dust,and fumes associated with normally accepted agricultural practices. It is hereby determined that whatever impact may be caused to others through the normal practice of agriculture is more than offset by the benefits of farming in the neighborhood,community,and society in general. The benefits and protections of this by-law are intended to apply exclusively to those commercial agricultural and farming operations and activities conducted in accordance with generally accepted agricultural practices. Moreover,nothing in this by-law shall be deemed as acquiring any interest in land,or as imposing any land use regulations,which is properly the subject of state statute,regulation,or local zoning. Section 4. Disclosure Notification Not later than 21 days after the execution of a purchase and sale agreement for the purchase of any real estate is entered into,or prior to the sale or exchange of real property if no purchase and sale agreement exists,for the purchase or exchange of real property,or prior to the acquisition of a leasehold interest or other possessory interest in real property,located in Newbury,the landowner shall present to the buyer or occupant with a disclosure notification which states the following: "It is the policy of Newbury to conserve,protect and encourage the maintenance and improvement of agricultural land for the production of food,or other agricultural products,and also for its natural and ecological value. This disclosure notification is to inform buyers or occupants that the property they are about to acquire or occupy lies within a town where farming activities occur. Such farming activities may include,but are not limited to,activities that may cause noise,dust or odors. Buyers and occupants are also informed that the location of property within Newbury may be impacted by commercial agricultural operations including the ability to access water services for such property under certain circumstances." A copy of the disclosure notification shall be signed by the landowner prior to the sales,purchase, exchange or occupancy of real property. A copy of the disclosure notification must be filed with the Board of Selectmen prior to the sale,purchase,exchange or occupancy of such real property. In addition,the Town may mail a copy of this disclosure notification to all landowners once each fiscal year by inclusion in its mailing of real estate or excise taxes. Any violation of this section shall be subject to a fine of$300 and shall be enforced by the Board of Selectmen or its designee. The Town is authorized to enforce this section under the non-criminal disposition provision of G.L. c.40,§21D. Section 5. Resolution of Disputes The Town hereby establishes an Agricultural Commission to serve as facilitator and advocate for encouraging the pursuit of farming and agriculture in Newbury,and to promote agricultural-based economic opportunities in the Town,which shall work with Town officials and boards to promote and protect agricultural interests. The Commission shall consist of five members appointed by the Board of Selectmen,two members to be initially appointed for a term of three years,two members for a term of two years,and one member for a term of one year,all reappointments thereafter to be for a term on three years. Up to three alternates may be appointed by the Board of Selectmen for one year terms. 516 Any person who seeks to complain about the operation of a farm may,notwithstanding pursuing any other available remedy,file a grievance with the Board of Selectmen,the Zoning Enforcement Officer, or the Board of Health,depending on the nature of the grievance. The filing of a grievance does not suspend the time within which to pursue any other available remedies that the aggrieved person may have. The Board of Selectmen or Zoning Enforcement Officer shall forward a copy of the grievance to the Agricultural Commission which shall review and facilitate the resolution of the grievance,and report its recommendations to the referring town officials. The Board of Health,except in cases of imminent danger or a public health risk,shall forward a copy of the grievance to the Agricultural Commission,which shall review and facilitate the resolution of the grievance,and report its recommendations to the Board of Health. Section 6. Severability Clause If any part of this by-law is for any reason held to be unconstitutional or invalid,such determination shall not affect the remainder of this by-law. The Town of Newbury hereby declares the provisions of this by-law to be severable; or act in relation thereto. STEVEN STARNAULT MOVED TO AMEND THE ARTICLE BY DELETING SECTION 4. SECONDED BUT FAILED BY MAJORITY. ARTICLE THEN VOTED AND PASSED. ARTICLE 26. MOVED AND SECONDED To see if the Town will vote to have the Selectmen appoint a committee to investigate the condition of some of the cemeteries in town. Many of which are often in need of upkeep and do not always give visitors a good impression of Newbury. Ownership is also in question in some cases,and there is need for long range planning to assure future upkeep. This committee shall meet,investigate,try to find answers as to a long range plan of the Town with regard to such cemeteries,and report back at a future Town Meeting with their recommendations: or act in relation thereto. BY REQUEST OF RICHARD CUNNINGHAM AND OVER TEN OTHERS PASSED. ARTICLE 27. MOVED AND SECONDED To see if the Town will vote to assume liability in the manner provided by Section 29,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 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. PASSED. ARTICLE 28. MOVED AND SECONDED 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. PASSED. MOVED TO ADJOURN AT 10:58 PM SECONDED AND PASSED. 146 VOTERS CHECKED IN. /A TTQRUE COPY ATTEST: DONNA FANILE V TOWN CLERK L 517 TOWN OF NEWBURY SPECIAL TOWN MEETING JUNE 24, 2008 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 DFIRECTED 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 24TH DAY OF JUNE 2008 AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ: Article 1 (Development Agreement) To see if the Town will vote to authorize the Board of Selectmen to execute and deliver a Development Agreement by and between the Town of Newbury and Beacon Communities Development LLC and Coastal Partners, LLC relating to the proposal to construct and operate a residential and commercial mixed-use development on land on Route 1 and Middle Road in Newbury on such terms and conditions as the Board of Selectmen determine is advisable, or take any other action relative thereto. Article 2 (Little River Smart Growth Overlay District) To see if the Town will vote to amend the Zoning Bylaws of the Town of Newbury as follows: 1. In Article II, section 97-2, C, Overlay Districts, insert: "(6) Little River Smart Growth" 2. In Article H, section 97-2, D, Location of Overlay Districts,insert: "(7) The Little River Smart Growth Overlay District: As shown on the map entitled"Proposed Little River Smart Growth Overlay District and Planned Village Overlay District, dated March 28, 2008,hereby incorporated as part of this Zoning Bylaw and on file in the office of the Town Clerk." 3. In Article IV, section 97-4,insert the attached section G. Little River Smart Growth Overlay District, dated May 27, 2008. or take any other action relative thereto. Article 3 (Planned Village Overlay District) To see if the Town will vote to amend the Zoning By-Laws of the Town of Newbury as follows: , 1. hi Article II, section 97-2, C, Overlay Districts, insert: "(7) Planned Village" 2. In Article II, section 97-2, D, Location of Overlay Districts, insert: "(8) Planned Village Overlay District: As shown on the map entitled"Proposed Little River Smart Growth Overlay District and Planned Village Overlay District, dated March 28, 2008,hereby incorporated as part of this Zoning Bylaw and on file in the office of the Town Clerk. The Planned Village Overlay District includes the following Assessors parcels: R47-0-31, R47-0-35,R47-0-261 and R47-0-262." 3. h1 Article IV, section 97-4, insert the attached section H. Planned Village Overlay District dated May 21, 2008. 4. In Article XI, section 97-11,Administration,D.Definitions, insert the following terms and definitions in alphabetical order: PVD Developable Area: The area of the PVD excluding wetlands and riverfront areas. ' Impervious Surface: Any material covering the ground which substantially reduces or prevents the natural percolation of water. Examples include but are not limited to structures, including eaves, roofs and roof overhangs; parking areas; driveways; sidewalks;; patios and decks; sport courts; and pools. Mixed Use: Having both residential and nonresidential uses, as more specifically defined in Article IV, §97-4 (3) (h). Multifamily Residence: A structure providing complete, independent living facilities for three or more families. Public Open Space: Land used for active or passive recreation,resource protection (including wetland and riverfront buffer areas but excluding all areas designated as wetlands or riverfronts), water quality enhancement(such as water quality swales, rain 1 gardens, and the like), or amenities, such as outdoor plazas, sitting areas, parks,water features, town greens or commons, off-street bicycle or foot paths,pedestrian walkways, landscaped areas, and wooded areas. Public open space does not include areas devoted to parking, vehicular circulation, or stormwater detention basins. Public open space shall be protected from further development by appropriate language in the PVD Special Permit. Planned Village Development(PVD): A land area that may contain multiple lots, designed and planned to be developed in a single operation or by a series of scheduled development phases according to an approved development plan to accommodate a mix of residential and nonresidential uses in accordance with Article IV, §97-4, H. Planned Village Development Special Permit(PVD Special Permit): A special permit granted to allow a Planned Village Development as set forth in Article IV, §97-4, H. or take any other action relative thereto. Article 4. To see if the Town will vote to authorize the Board of Selectmen to enter into such intermunicipal agreements with the City of Newburyport as are necessary to allow the City of Newburyport to provide water and sewer services to the Village at Little River Project area; or act in relation thereto. AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED COPY THEEOF 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 9Tx DAY OF TUNE 2008. SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATTEST: 320 PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED, I HEREBY NOTIFY AND WARN THE INHABITANTS OF THE TOWN OF NEWBURY, QAULIFIED TO VOTE IN TOWN AFFAIRS, TO MEET AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED. CONSTABLE DATE , 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. CONSTABLE DATE G. LITTLE RIVER SMART GROWTH OVERLAY DISTRICT (SGOD) (1) Purpose The purpose of this Section 974G is to establish the Little River Smart Growth Overlay District and to encourage smart growth in accordance with the purposes of G. L. Chapter 40R. Other objectives of this Article are to: (a) Promote the public health, safety, and welfare by encouraging diversity of housing opportunities; (b) Provide for a range of housing choices for households of varied incomes, ages, and sizes to meet the goal of preserving municipal character and diversity; (c) Increase the production of a range of housing units to meet existing and anticipated housing needs; (d) Provide a mechanism by which residential development can contribute directly to increasing the supply and diversity of housing; (e) Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective development review and permitting; (f) Establish development standards to allow context-sensitive design and creative site planning; and (g) Enable the Town to receive Zoning Incentive Payments and Density Bonus Payments in accordance with G.L. Chapter 40R and 760 CMR 59.06. (2) Definitions For purposes of this Section 97-4G, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws, this Section 97-4G, or as set forth in the rules and regulations of the Permit Approval Authority. To the extent that there is any conflict between the definitions set forth in this Section 974G or the PAA Regulations and the Enabling Laws, the terms of the Enabling Laws shall govern. Monitoring Agent--A qualified housing entity designated by the Plan Approval Authority("PAA")pursuant to this Zoning Bylaw to review and implement the affordability requirements affecting Projects under Section 974G. Affordable Housing- Housing that is affordable to and occupied by Eligible Households. Affordable Housing Restriction —A deed restriction of Affordable Housing meeting statutory requirements in G.L. c. 184, Section 31 and the requirements of Section 97-4G(7)(e) of this Bylaw. Affordable Rental Unit—An Affordable Housing unit required to be rented to an Eligible Household. Apartment Building—A building consisting of four or more dwelling units, excluding townhouses. Townhouse—A dwelling unit in a group of four or more attached units, extending from the foundation of the roof,with open space on at least two sides, and separated by a fire-rated wall from any other dwelling unit. Applicant—The individual or entity that submits a Project for Plan Approval. As-of-right—A use allowed under Section 97-4G(5) without recourse to a special permit,variance, zoning amendment, or other form of zoning relief. A Project that requires Plan Approval by the PAA pursuant to Sections 97-4G(13) through 97- 47 G(16) shall be considered an As-of-right Project. Developable Land—All land within the SGOD that can be feasibly developed into a Project. Developable Land shall not include: (01) Open Space; (02) Rights-of-way of existing public streets, ways, and transit lines; (03) Land currently in use for governmental functions (except to the extent that such land qualifies as Underutilized Land); or (04) Areas exceeding one-half acre of contiguous land that are: (a) protected wetland resources (including buffer zones) under federal, state, or local laws; (b) rare species habitat designated under federal or state law; (c) areas of steep slopes with an average gradient of at least 15%; or (d) land subject to any other local ordinance, by-law, or regulation in effect as of March 31, 2008 that would prevent the development of a residential Project at the As-of-right residential densities set forth in this Section 97-4G. , Eligible Household—An individual or household whose annual income is less than 80 percent of the area-wide median income as determined by the United States Department of Housing and Urban Development(HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets. Enabling Laws—G.L. Chapter 40R and 760 CMR 59.00. PAA Regulations—The rules and regulations of the PAA adopted pursuant to Section 97 - 4G(14)(a). Plan Approval—Standards and procedures which a Project in the SGOD must meet under the procedures established herein and in the Enabling Laws. Plan Approval Authority—For purposes of reviewing Project applications and issuing decisions on development Projects within the SGOD,the Newbury Planning Board, consistent with G.L. Chapter 40R and 760 CMR 59.00, shall be the Plan Approval Authority(the"PAX), and is authorized to approve a site plan to implement a Project. Project—A development project undertaken within the SGOD in accordance with the requirements of this Section 974G. SGOD—The Little River Smart Growth Overlay District established in accordance with this Section 974G. Zoning Bylaw—The Zoning Bylaw of the Town of Newbury. (3) Overlay District (a) Establishment. The Little River Smart Growth Overlay District, hereinafter referred to as the SGOD, is an overlay district having a land area of approximately 31.9 acres in size that is superimposed over the underlying zoning district(s) and is shown on the Zoning Map as set forth on the map entitled"Proposed Little River Smart Growth Overlay District and Planned Village Overlay District, dated March 28, 2008."This map is hereby made a part of the Zoning Bylaw and is on file in the Office of the Town Clerk. (b) UnderlvinR Zoning. The SGOD is an overlay district superimposed on all underlying zoning districts. The regulations for uses, dimensions, and all other provisions of the Zoning Bylaw governing the underlying zoning district shall remain in full force except for those Projects undergoing development pursuant to this Section 974G. Within the boundaries of the SGOD, a developer may elect either to develop a Project in accordance with the requirements of this Section 974G, or to develop in accordance with requirements of the regulations for uses, dimensions, and all other provisions of the Zoning Bylaw governing the underlying zoning district. (4) Applicability,Administration,Enforcement and Appeals (a) Applicability of SGOD. In accordance with the provisions of G.L. Chapter 40R and 760 CMR 59.00, an Applicant for a Project located within the SGOD may seek Plan Approval in accordance with the requirements of this Section 974G. In such case,notwithstanding anything to the contrary in this Zoning Bylaw, such application shall not be subject to any other provisions of this Zoning Bylaw, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to building permit or dwelling unit limitations. (b) Administration, Enforcement, and Appeals. The provisions of this Section 97-4G shall be administered by the Building Inspector except as otherwise provided herein. Any legal appeal arising out of a Plan Approval decision 324 by the PAA under Sections 97-4G(13)through 97-4G(16)shall be governed by the applicable provisions of G.L. Chapter 40R. Any other request for enforcement or appeal arising under this Section 97-4G shall be governed by the applicable provisions of G.L. Chapter 40A. (5) Permitted Uses. The following uses are permitted as-of-right with Plan Approval for Projects within the SGOD: (a) Multi-family residential use; ' (b) Open Space; (c) Recreational Uses; (d) Parking accessory to any of the above-permitted uses, including surface, underground garage and/or structured parking; (e) Parking, access, drainage or utilities accessory to any neighboring mixed use development; and (f) Accessory uses customarily incidental to any of the above-permitted uses. (6) Project Phasing. a) The PAA, as a condition of any Plan Approval,may require a Project to be phased to mitigate any extraordinary adverse Project impacts on nearby properties. b) An Applicant may voluntarily elect to develop a Project in phases, subject to Plan Approval by the PAA. (7) Housing and Housing Affordability. (a) Marketine Plan. An Applicant for Plan Approval of a Project within the SGOD must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for , diverse populations, including households with children, other households, individuals,households including individuals with disabilities, and the elderly. These documents, to be submitted with a Plan Approval application, shall include details about construction related to the provision, within the development, of units that are accessible to the disabled. (b) Number of Affordable Housine Units. For all Projects,not less than twenty percent(20%) of housing units constructed shall be Affordable Housing. For purposes of calculating the number of units of Affordable Housingrequired within a Project an fractional unit of 0.5 or eater q J Y 2� shall be deemed to constitute a whole unit. (c) Affordable Housine Requirements. Affordable Housing shall comply with the following requirements: 01) The monthly rent payment, including utilities and parking, for an Affordable Rental Unit shall not exceed thirty percent(30%) of the maximum monthly income permissible for an Eligible Household a 525 family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply. 02) For an Affordable Homeownership Unit the monthly housing payment, including mortgage principal and interest,private mortgage insurance,property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed thirty percent(30%) of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one. 03) Affordable Housing required to be offered for rent or sale shall be rented or sold and occupied only by Eligible Households. (d) Design and Construction 01) Units of Affordable Housing shall be finished housing units. 02) Units of Affordable Housing shall be dispersed throughout the Project of which they are part and have exteriors that are equivalent in design and materials to the exteriors of other housing units in the Project. 03) The average number of bedrooms in the Affordable Housing units shall be no less than the average number of bedrooms in all the units in the Project of which the Affordable Housing is part. (e) Affordable Housing Restriction. Each unit of Affordable Housing shall be subject to an Affordable Housing Restriction which is recorded with the Essex County Registry of Deeds or district registry of the Land Court and which contains the following: 01) specification of the term of the affordable housing restriction which shall be no less than thirty(30) years; 02) the name and address of the Monitoring Agent with a designation of its power to monitor and enforce the Affordable Housing Restriction; 03) for Affordable Homeownership Units, the address and number of bedrooms; 04) for Affordable Rental Units,the total number of units,the total number of bedrooms, and a breakdown of the number of units by the number of bedrooms; 05) the restriction shall apply individually to the specifically identified Affordable Homeownership Unit; 06) the restriction shall apply to a percentage of rental units of a rental Project or the rental portion of a Project without specific unit identification. 07) reference to a housing marketing and resident selection plan to which the Affordable Housing is subject, and which includes an affirmative fair housing marketing program including public notice and a fair resident selection process. If approved by DHCD, the housing marketing and selection plan may provide for local preferences in resident selection for the Affordable Housing Units. 326 The plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such Unit shall be given to a household of the appropriate size; 08) a requirement that buyers or tenants will be selected at the initial sale or rental and upon all subsequent sales or rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan; 09) reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set; , 10) a requirement that only an Eligible Household may reside in Affordable Housing and that notice of any lease or sublease of any Affordable Rental Unit shall be given to the Monitoring Agent; 11) provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the Monitoring Agent; 12) provision that the restriction on Affordable Rental Units in a rental Projector rental portion of a Project shall run with the rental Project or rental portion of a Project and shall run in favor of the Monitoring Agent and the municipality in a form approved by municipal counsel, and shall limit rental and occupancy to an Eligible Household. 13) provision that the restriction on an Affordable Homeownership Unit shall run in favor of the Monitoring Agent and the municipality, in a form approved by municipal counsel, and shall limit initial sale and re-sale to and occupancy by an Eligible Household; 14) provision that the owner[s] or manager[s] of Affordable Rental Unit[s] shall file an annual report to the Monitoring Agent, in a form specified by that agent certifying compliance with the Affordability provisions of this Bylaw and containing such other information as may be reasonably requested in order to ensure , affordability; 15) a requirement that residents in Affordable Housing provide such information as the Monitoring Agent may reasonably request in order to ensure affordability. (f) Monitoring Agent. The Monitoring Agent shall be a qualified housing entity designated by the PAA. In a case where the Monitoring Agent cannot adequately carry out its administrative duties, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the PAA. In any event, such agency shall ensure the following: 01) prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed; 02) income eligibility of households applying for Affordable Housing is properly and reliably determined; 327 03) the housing marketing and resident selection plan conforms to all requirements and is properly administered; 04) sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and 05) Affordable Housing Restrictions meeting the requirements of this section are recorded with the Essex County Registry of Deeds. (g) Costs of Housing Marketing and Selection Plan. The housing marketing and selection plan may provide for payment by the Applicant of reasonable costs to the Monitoring Agency to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements. (h) ARe Restrictions. The SGOD shall not include the imposition of restrictions on age upon Projects throughout the SGOD. However,the PAA may approve specific Projects within the SGOD to be designated exclusively for the elderly(which may include age-restricted for 55 and over),persons with disabilities, or for assisted living,provided that any such Project shall be in compliance with all applicable fair housing laws and not less than twenty-five percent(25%) of the housing units in such an age-restricted Project shall be restricted as Affordable units. Any Project which includes age-restricted residential units shall comply with applicable federal, state and local fair housing laws and regulations. (i) Phasing. For Projects that are approved and developed in phases, the proportion of Affordable Housing Units to market-rate units (and the proportion of Existing Zoned Units to Bonus Units as described in 760 CMR 59.04(1)(h)) shall be consistent across all phases. (j) Computation. Prior to the granting of any Building Permit for the housing component of a Project, the Applicant for such building permit must demonstrate,to the satisfaction of the PAA, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town of Newbury. (k) No Waiver. Notwithstanding anything to the contrary herein,the Affordability provisions in this Section 97-4G(7) shall not be waived. (8) Density Requirements. (a) Multi-family residential uses in the SGOD may be developed at a density of up to 20 dwelling units per acre of Developable Land. (b) Where a Project involves an entire block or multiple contiguous blocks, densities shall be calculated on the development of the area as a whole. (c) No less than ten percent(10%) of the residential units within a Project shall be three-bedroom units, and notwithstanding anything to the contrary in this Section 97-4G this requirement shall not be reduced. Residential units that are designated exclusively for age-restricted,persons with disabilities, or for assisted living, in accordance with Section 97-4G(7)(h), shall not be required to include three-bedroom units. (9) Parking Requirements (a) Number of Parking Spaces. Unless otherwise approved by the PAA, the following minimum number of off-street parking spaces shall be provided in surface parking,underground garages, and/or structured parking: Apartment building 1.50 spaces per unit , Townhouse 2.00 spaces per unit (b) Shared Parking Spaces. Notwithstanding anything to the contrary herein, the use of shared parking to fulfill parking demands noted above that occur at different times of day is strongly encouraged. Minimum parking requirements above may be reduced by the PAA if the Applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g. the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies). The Project may share parking with neighboring mixed use developments. (c) Reduction in Number of Parking Spaces.Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced upon a demonstration to the reasonable satisfaction of the PAA that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that lesser amount of parking will provide positive environmental or other benefits. (10) Design Standards and Guidelines (a) Any project undergoing the Plan Approval process for the SGOD shall be subject to the design standards set forth in this section. , (b) In addition, this section contains non-binding design guidelines identifying the Town's goals and aspirations for the SGOD that are intended to provide guidance to a Project's planning and design. (c) These design standards and guidelines are intended to ensure that the physical character of projects in the SGOD will comply with the following guiding principles: O1) Building styles and materials reflect the vernacular styles of traditionally settled areas of Newbury and other similar communities in the Lower Merrimack Valley; 02) Materials used for buildings, streets,paths, landscape features, etc. also reflect those found locally; 03) Design features encourage pedestrian travel to and within the site and provide a safe and aesthetically attractive pedestrian environment; � 2 04) Existing natural resources, native vegetation, and the natural topography of the site is preserved and integrated into the site design to the greatest extent practical. (d) Open space 01) Standards a) To the greatest extent practical, open space shall be left in its undisturbed natural condition or, at the discretion of the PAA, it shall be developed so as to be appropriate in size, dimension, location, and character to assure access to and its use as a park, recreational area, and visual amenity for residents and,where appropriate, the public. b) Open spaces intended for public use shall have direct access to the pedestrian network. c) To the extent practical, open space shall be planned as single I contiguous areas and configured contiguously with abutting conservation open areas. The PAA may require a project to provide public access from one or more streets,pedestrian ways, sidewalks, and/or other public access trails to the open space. 02) Guidelines a) Projects should be sited to maximize opportunities for creating usable, attractive,well-integrated open space. b) Open space areas should serve as focal points within the neighborhood and may be sited to terminate a vista or provide otherwise visual orientation for the site. (e) Building Design 01) Standards a) Fagades longer than 100 feet shall be broken into a series of smaller varied elements by incorporating color change, architectural projections or recesses, canopies or awnings, doorways or windows to vary the facade and emphasize architectural features. b) For multi-family buildings of three or more stories,building design shall maintain a distinction between upper and lower floors. Primary building entrances shall be accentuated. Design features can include covered porches,porticos, and other pronounced architectural forms. c) Buildings shall have pitched roofs. d) Mechanical equipment at grade, attached to, or on the rooftops shall be screened from view or made an integral part of the overall design of the building. e) All service, loading and trash collection areas shall be screened by a combination of walls of masonry,wood and planting. f) Side entrances shall be generally consistent with the primary fagade's architectural style. g) Rear entrances shall be free of obstruction and well maintained. h) Accessory buildings shall be in the same style as the primary building. 02) Guidelines a) To reduce a building's perceived mass,buildings should be divided into smaller scale horizontal or vertical components. b) Gambral or mansard roof designs should be used where appropriate to create a distinct outline along the upper story of the building. c) The roof pitch should be appropriate to the roof forms of , traditional styles of New England architecture. d) Utility and service enclosures should be designed to be compatible with the architecture of the adjacent building. e) Windows should be appropriately scaled and trimmed to fit traditional New England residential architectural styles. (f) Buildine Materials 01) Standards a) Materials such as brick, stone,wood clapboard, as well as asphalt shingles and cementitious siding such as Hardi-plank are preferred particularly where visible from the pedestrian scale. b) Manufactured materials such as vinyl and plastic synthetic siding shall be avoided. (g) Parkine Area Desim 01) Standards a) Standard parking spaces shall be a minimum of 9 feet x 18 feet and parallel spaces shall be 9 feet x 20 feet. Up to 35% of the parking spaces are permitted to be compact spaces (no smaller than 8 feet X 18 feet.) b) Covered parking beneath buildings shall be permitted. c) All parking spaces shall be bituminous. d) Parking lot design and layout shall incorporate landscaping to ' break up large areas of pavement. e) Landscaping along the perimeter of parking areas shall include a combination of trees, shrubs, and groundcover vegetation that provides a continuous vegetated buffer that does not project into or otherwise interfere with parked cars, passenger entry to and from parked vehicles, and pedestrian connections within and along parking areas. f) Rows of parking shall be broken up with landscape islands so as to contain no more than 15 cars in a row. Landscaped islands may be in any shape or configuration and shall be a minimum of one hundred square feet. g) All landscaping shall incorporate native trees and shrubs and the remaining area shall be completely covered by groundcover plants within three years of planting. Mulch does not count as groundcover. h) Trees shall grow to a height and canopy to provide shade during the warm months without interfering with parking spaces or snow removal. i) Defined pedestrian connections shall be provided through parking areas,to sidewalks, streets, and building entrances. j) Pedestrian paths through parking areas shall be defined by one or more of the following: 6 inch vertical curb; different paving textures,materials, or striping; a continuous 4-season landscape area at a minimum of 3 feet wide on at least one side of the path. k) Where necessary, include bollards or vertical curbing to prevent access to pedestrian areas by motorized vehicles. (h) Pedestrian Amenities and Connections O1) Standards a) Sidewalks shall be a minimum of 5 feet in width, and shall be constructed of concrete,brick,precast pavers, or stone. b) Off-street walking trails may be constructed of crushed stone, stone dust, or wood. c) All elements of the pedestrian network shall be accessible to the physically disabled in accordance with the Americans with Disabilities Act and other applicable regulations. d) Pedestrian access shall be provided to link buildings with open spaces,parking areas,recreation facilities, and sidewalks on adjacent properties wherever practical. e) Site planning shall include consideration of future access to bike paths,parks,playgrounds, residential neighborhoods, other businesses, and transportation facilities. (i) Landscapiniz O1) Standards a) Street trees shall be provided at intervals of no more than 45 feet along major sidewalks. b) Unless designated as protected open space, all open and disturbed areas within a project shall be landscaped. c) Landscaping shall include a variety of indigenous, drought tolerant plant materials to create a varied appearance throughout the year. d) Tree selection shall consider canopy spread,branching, root depth, and mature height so as not to interfere with buildings, impede pedestrian travel, sidewalks, and motor vehicle travel. e) Landscaped areas shall consist of a combination of grass, flowers,vines, groundcovers, trees and/or shrubs. All planting areas shall be landscaped with a combination of climate tolerant plant material and protective ground cover. Bare soil is not permitted. Container planting is acceptable when used to accentuate architectural features or enhance pedestrian areas. 332 f) Wherever possible, existing non-invasive natural features (including existing healthy mature trees and other vegetation) shall be retained. Existing invasive plant species shall be removed if appropriate. g) Side slopes for all landscaped areas shall not exceed thirty- three (33)percent(3:1 slope), and shall be stabilized with vegetation. h) Landscaping elements shall be selected that minimize the need for regular mowing, trimming, irrigation, or fertilizer application. , (j) Exterior Liehtine O1) Standards a) Light fixtures for pathways,building entrances, and smaller parking lots (fewer than 15 spaces) shall not exceed 15 feet in height. All other fixtures shall not exceed 24 feet in height, and shall be lower than adjacent buildings. b) Lights shall be fitted with metal halide(NM) lamps (not high pressure sodium -BPS)to maximize night-time color perception and minimize glare. c) Street light poles shall be placed every 40 to 60 feet, depending on the desired light level and visual impact. d) Cobrahead lights and unfinished metal poles are not allowed. e) Lighting fixtures rated at more than 1800 lumens, and flood or spot lights rated at more than 900 lumens, shall incorporate full-cutoff, fully-shielded fixtures in order to prevent light trespass onto adjoining properties. f) Other fixtures shall be located, aimed and shielded so that the light source is not visible from adjacent streets or properties. g) Building and signage lighting shall be from an indirect light source(s)hidden from the pedestrian and motorist view. 02) Guidelines ' a) Lighting should be provided at a scale and intensity that creates a comfortable, attractive and safe evening environment for pedestrians as well as vehicles. b) If taller light poles are provided in parking areas, more pedestrian-oriented fixtures should be placed along pedestrian connections through the parking area. For pedestrian connections, lights in bollards (3'-4' high posts) should be considered if appropriate. c) Style of lighting fixtures should be compatible and complementary to the surrounding architectural style and desired character. d) Light levels shall meet or exceed the minimum design guidelines defined by the Illuminating Engineering Society of North America(IESNA) and should provide illumination necessary for safety and convenience while preventing glare and overspill onto adjoining properties. (k) Environmental Performance Standards 01) Standards a) All buildings shall incorporate environmentally responsible design and construction practices as governed by the Energy Star Program to the extent possible; and developers are strongly encouraged to receive US Green Building Council LEED (Leadership in Energy and Environmental Design) rating for all buildings. b) All projects shall be LEED ND (Neighborhood Development) certifiable as demonstrated by a completed LEED ND checklist/scorecard. (1) Utilities 01) Standards a) All new and relocated utility services,wires, conduits, and cables shall be located underground. b) All electrical and mechanical devices, boxes, and structures shall be located within buildings or screened with landscaping or architectural screens when outside. (m) Fencing 01) Standards a) Stockade fences and chain link fences shall not be permitted. 02) Guidelines a) Fences may be used to provide continuity to a streetscape, privacy for homeowners and their guests from passersby, to help differentiate private space from public space, and to screen parking or service areas and utilities. b) Types of fencing may include 1 metal fencing or wood fencing. (11) Groundwater Recharge and Stormwater Management Standards (a) The stormwater management proposed for a Project shall: 01) adhere to the Commonwealth of Massachusetts DEP Stormwater Management standards as amended; 02) provide additional Low Impact Design features (such as vegetated swales,rain gardens, settlement forebays,biodetention basins, groundwater recharge (perforated pipe, drywells), or the like to the extent reasonably practical, and; 03) adhere to any stormwater regulations included in the PAA administrative rules and regulations and which regulations which are in effect at the time of application for a building permit and which regulations are approved by DHCD. (b) The stormwater management plan shall be developed by a professional engineer registered in the Commonwealth of Massachusetts, and shall be reviewed and approved by the PAA, which reserves the right to retain a consultant engineer to review said plan, at the applicant's expense. Stormwater detention ponds shall be screened with vegetation. (c) All recharge systems shall be maintained in full working order by the owner(s)under the provision of an operation and maintenance plan approved by the PAA to ensure that the system functions as designed. (d) If requested by the PAA, annual inspections of such systems, certifying that the system is functioning properly, shall be conducted by a registered professional engineer and submitted to the PAA no later than May 1 of each year, along with an administrative filing fee as established by the , PAA. The PAA may modify the inspection schedule based on the results of prior inspections. (e) Infiltration systems shall be designed to control hazardous material spills, remove contamination, and avoid sedimentation of leaching facilities. (12) Water Supply Protection District. (a) Relationship of SGOD to Water Supply Protection District. Pursuant to Section 97-4G(4) and G.L. Chapter 40R,the provisions of the Water Supply Protection District(WSPD) do not apply to a Project located within the SGOD. The uses permitted under Section 97-4G(5) are consistent with the objectives of the WSPD, and the design standards and site plan will further the objectives of the WSPD. (13) Application for Plan Approval. (a) Preannlication. Prior to the submittal of a site plan, a Concept Plan may be submitted to help guide the development of the definitive site plan for Project buildout and individual elements thereof. Such Concept Plan should show the following: 01) Overall building envelope areas; 02) Open space and natural resource areas; 03) General site improvements, groupings of buildings, and proposed land uses. The Concept Plan is intended to be used as a tool for both the Applicant and the PAA to ensure that the proposed Project design will be consistent with the design standards and other requirements of the SGOD. (b) Full Buildout Required. An application for Plan Approval shall be submitted to the PAA on the form provided by the PAA, along with application fee(s)which shall be as set forth in the PAA Regulations. An application shall show the proposed buildout of a Project,whether the Project will be phased or not. (c) Reauired Submittals. The application for Plan Approval shall be accompanied by such plans and documents as may be required and set forth in the PAA Regulations. All site plans shall be prepared by an architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals forty feet(1"=40') or larger, or at a scale as approved in advance by the PAA. In addition,the following shall also be submitted: 01) evidence that the Project complies with the affordable housing requirements of Section 97-4G(7)(c); 02) Project plans that demonstrate compliance with the requirements of Section 97-4G(7)(d); and 03) a form of Affordable Housing Restriction that satisfies the requirements of Section 97-4G(7)(e). (14) Procedures. (a) PAA Regulations. The PAA may adopt administrative rules and regulations relative to Plan Approval. Such rules and regulations, if adopted, do not take effect until approved by DHCD and filed with the Town Clerk . (b) Filing. An Applicant for Plan Approval shall file the required number of copies of the application form and the other required submittals as set forth in the PAA Regulations with the Town Clerk and a copy of the application including the date of filing certified by the Town Clerk shall be filed forthwith with the PAA. (c) Circulation to Other Boards. Upon receipt of the Application, the PAA shall immediately provide a copy of the application materials to the Board of Selectmen, Board of Health, Conservation Commission,Fire Department,Police Department, Building Commissioner,Department of Public Works, and other municipal officers, agencies or boards as designated by the PAA for comment, and any such board, agency or officer shall provide any written comments within thirty(30) days of its receipt of a copy of the plan and application for approval. (d) Hearing. The PAA shall hold a public hearing for which notice has been given as provided in Section 11 of G.L. Chapter 40A. The decision of the PAA shall be made, and a written notice of the decision filed with the Town Clerk, within one hundred twenty(120) days of the receipt of the application by the Town Clerk. The required time limits for such action may be extended by written agreement between the Applicant and the PAA, with a copy of such agreement being filed in the office of the Town Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the application and Plan Approval application. $►36 (e) Peer Review. The Applicant shall be required to pay for reasonable consulting fees to provide peer review of the Plan Approval application, pursuant to G.L. Chapter 40R, Section 11(a). Such fees shall be held by the Town in a separate account and used only for expenses associated with the review of the application by outside consultants, including,but not limited to, attorneys, engineers,urban designers,housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the Applicant forthwith. (15) Decision. (a) Waivers. Upon the request of the Applicant, the PAA may waive dimensional and other requirements of Section 97-4G, including the design standards of Section 97-4G(10), in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the SGOD, or if it fords that such waiver will allow the Project to achieve the density, Affordability,mix of uses, and/or physical character allowable under this Section 97-4G. (b) Plan Review. A Plan Approval application shall be reviewed for consistency with the purpose and intent of this Section, and such Plan Approval application shall be construed as an as-of-right review and approval process as required by and in accordance with the Enabling Laws. (c) Plan ADoroval. Plan Approval shall be granted where the PAA finds that: 01) the Applicant has submitted the required fees and information as set forth in the Regulations; and 02) the Project and site plan meet the requirements and standards set forth this Section 97-4G, or a waiver has been granted therefrom; and ,03) extraordinary adverse potential impacts of the Project on nearby properties have been adequately mitigated. (d) Plan DisaDDroval. A site plan may be disapproved only where the PAA finds that: 01) the Applicant has not submitted the required fees and information as set forth in the Regulations; or 02) the Project and site plan do not meet the requirements and standards set forth this Section 97-4G, and a waiver has not been granted therefrom; or 03) it is not possible to adequately mitigate significant adverse project impacts on nearby properties by means of suitable conditions. (e) Form of Decision. The PAA shall issue to the Applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the Town Clerk 537 and that all plans referred to in the decision are on file with the PAA. If twenty(20) days have elapsed after the decision has been filed in the office of the Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied,the Town Clerk shall so certify on a copy of the decision. If a plan is approved by reason of the PAA to timely act, the Town Clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the Applicant. (f) An Applicant who seeks approval because of the PAA's failure to act on an application within the one hundred twenty(120) days or extended time, if applicable,must notify the Town Clerk in writing of such approval, within fourteen(14) days from the expiration of said time limit for a decision, and that a copy of that notice has been sent by the Applicant to the parties in interest by mail and that each such notice specifies that appeals, if any, shall be made pursuant to Mass. Gen. Laws Ch. 40R and shall be filed within twenty(20) days after the date the Town Clerk received such written notice from the Applicant that the PAA failed to act within the time prescribed. (16) Change in Plans after Approval by PAA. (a) Minor Change. After Plan Approval, an Applicant may apply to make minor changes involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting,without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the Applicant for filing with the Town Clerk. (b) Maior Chanize. Those changes deemed by the PAA to constitute a major change because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to this Section 97-4G. 338 (17) Severability. If any provision of this Section 974G is found to be invalid by a court of competent jurisdiction,the remainder of Section 974G shall not be affected but shall remain in full force. The invalidity of any provision of this Section 974G shall not affect the validity of the remainder of the Zoning Bylaw. H. Planned Village Overlay District (1) Purpose. (a) To promote mixed-use, village-scale development and to accommodate higher-density land use near public transit. Specific objectives include: 01) Encourage compact development along Route 1 in Newbury near the Newburyport border, providing convenient and attractive mixed-use, village-scale development in an area served by the MBTA commuter rail; 02) Promote development patterns that are compatible with the protection of the Little River and the Great Marsh Area of Critical Environmental Concern; 03) Protect the natural resources of the Parker River Watershed, including the Little River Watershed; 04) Conserve public funds by concentrating development in areas where public infrastructure and services may be most efficiently provided; and 05) Balance long-term tax revenue reductions in areas planned for ' limited development with long-term revenue increases in areas planned for concentrated development. (2) Relationship to Underlying Districts and Regulations. (a) The Planned Village Overlay District(PVOD) is an overlay district that is superimposed over all underlying districts, so that any parcel of land lying in the PVOD shall also lie in the district or districts in which it is otherwise classified by this Zoning Bylaw. (b) All regulations of the underlying zoning district(s) shall apply within the PVOD except to the extent that they are specifically modified or supplemented by other provisions of this Article. To the extent that the provisions of this Article are in conflict with or are inconsistent with other provisions of this Zoning Bylaw,the provisions of this Article shall govern and prevail. Without limiting the foregoing, to the extent that other provisions of this Zoning Bylaw would, in their application,prohibit or 1 5 9 require a special permit or other zoning relief for the use(s) and/or structure(s) allowed by this Article in the PVOD, the provisions of this Article shall govern and the use and/or structure shall be treated as allowed under this Zoning Bylaw. (c) The provisions of the PVOD apply only to a Planned Village Development("PVD")under a Special Permit consistent with the requirements and standards set forth herein. Any other building, structure or use of land included in the PVOD but not subject to a PVD Special Permit shall conform to the regulations and requirements applicable to the underlying district(s)without modification by this Article. (3) Planned Village Development Special Permit and Applicability. (a) General. The Planning Board may grant a special permit for a Planned Village Development in the PVOD that is in compliance with the requirements of this Article. (b) Procedure. The procedure for approval of a PVD Special Permit shall be as set forth in the Planning Board's Rules and Regulations. (c) Application. An application for a PVD Special Permit shall be submitted to the Planning Board on the form provided by the Planning Board, along with application fees which shall be as set forth in the Planning Board's Rules and Regulations. An application shall show the proposed buildout of the entire Project,whether the development will be phased or not. (d) Master Plan. The application for a PVD Special Permit shall be accompanied by a Master Plan including the following plans and documents. All site plans shall be prepared by an architect, landscape architect or civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a landscape architect registered in the Commonwealth of Massachusetts. All plans and drawings shall be prepared at appropriate scales as set forth in the Planning Board's Rules and Regulations. O1) A narrative project summary including the following data: a) Name, address, and telephone numbers for the current property owner(s), the applicant, and the applicant's representative b) If the applicant is not an individual, the form of organization(corporation,partnership, limited partnership, joint venture, etc.) and the name, address, and telephone numbers for all principals c) Assessors map and lot number(s) d) Perimeter dimensions and area of the Planned Village Development e) Land area for each proposed use f) Gross floor area for each proposed use g) Open space required and provided h) Percentage of lot coverage by buildings and by impervious surfaces 340 i) Proposed building heights (feet and stories) j) Proposed residential density calculated as dwelling units per acre k) Proposed number of residential dwelling units by size (floor area and number of bedrooms), occupancy (elderly/non-elderly), tenure (owner/renter), and structure type (single-family, garden apartment, apartment) 1) Description of proposed Commercial/Retail Uses m) Quantity and type of community benefits required and , provided n) Number of parking spaces required and provided 02) Site plans showing the following: a) All existing and proposed buildings and structures. b) Proposed public and private streets,roads, sidewalks, parking areas, and service areas c) Facilities for treatment and or disposal of wastewater, refuse, and other waste and for handling of surface water drainage d) Wetland areas 03) Landscaping plans showing the following: a) Existing major natural features, including streams, wetlands and all trees six inches or larger in caliper, excluding areas to remain undisturbed or densely wooded areas b) All proposed landscaping features, such as fences, walls, planting areas and walks 04) Location map indicating surrounding streets and properties and any additional abutting lands owned by the applicant, all within three hundred feet(300') of property boundary of proposed Planned Village Development. 05) Drawings showing representative elevation views of building(s) , (indicate height of building(s) and construction material of the exterior facade). 06) If phasing is proposed, the Applicant shall submit a phasing plan indicating the individual phases and sequencing of development, subject to reasonable modification due to market conditions, including the number of residential dwelling units and the amount of nonresidential floor area in each phase and the corresponding provision of community benefits (i.e., open space protection). 07) Any other pertinent information that the Planning Board deems necessary to adequately evaluate the scope and potential impacts of the proposed project,which may include,but not be limited to, studies of the impacts of the proposed development on stormwater, groundwater quality and quantity, traffic, schools, or public or private infrastructure or utilities. � 4 All plans and elevations presented with the application shall remain a part of the records of the Planning Board. The applicant shall bear sole responsibility for providing the plan and the application to the Planning Board. (e) Relationship to Underlying Use and Dimensional Regulations. O1) Where a PVD Special Permit varies uses or dimensional requirements otherwise set forth in the Zoning Bylaw, the terms and conditions of the PVD Special Permit shall control. 02) Upon issuance of a building permit pursuant to a PVD Special Permit, any use of land as allowed in the underlying district that is not allowed under this Article shall no longer be allowed. (f) Relationship to Other Special Permit Requirements. Where another section of the Zoning Bylaw would require a special permit,the PVD Special Permit shall substitute for that requirement, and the Planning Board shall serve as the SPGA for all special permits required for a PVD. (g) Phasing. A PVD Special Permit may provide for a Planned Village Development to be developed in phases,by separate ownership entities, and to be developed under one or more building permits and occupancy permits. (h) Peer Review. The applicant may be required to pay for reasonable consulting fees to provide peer review of the Planned Village Development Special Permit application,pursuant to G.L. c. 44, s. 53G. Such fees shall be held by the Town in a separate account and used only for expenses associated with the review of the application by outside consultants, including,but not limited to, attorneys, engineers, urban designers,housing consultants,planners, and others. Any surplus funds remaining after the completion of such review, including any interest accrued, shall be returned to the applicant. (i) Permitted Uses. A Planned Village Development may include the following component uses: O1) Single-Family, Two-Family, or Multifamily Residential 02) Continuing Care or Life Care Community 03) Elderly Housing 04) Child care facility 05) Post Office 06) Library,Museum, Theatre 07) Town building 08) Educational use 09) Establishment primarily selling food and drink, including take-out 10) Indoor eating establishment with seasonal patios 11) Bakery, deli, coffee shop, ice cream shop, sandwich shop or similar establishment with seasonal patios 12) Bank or similar financial institution, including attached or freestanding ATM 13) Real estate,professional or similar offices 14) Miscellaneous business offices and services(except adult uses as defined by M.G.L. c. 40A, § 9A) less than 50,000 square feet in gross floor area per establishment 15) Store, showroom, sales room for the conduct of retail business, including,but not limited to, grocery store (including drop- off/pick-up area), hardware, clothing, drugstore or pharmacy, florist, gift, stationery, or antiques shop or photographer's studio 16) Hotel,motel 17) Bed and breakfast , 18) Personal service establishments,including but not limited to a barber shop,beauty parlor,nail salon,health spa, laundry and dry cleaner(self-service or pick-up/drop-off only), shoe repair, tailor and garment repair 19) Liquor Store 20) Medical and dental health services or clinic 21) Fitness Center 22) Entertainment or Recreation Facility 23) Non-profit recreation facility(including community buildings accessory to residential uses) 24) Senior center 25) Uses customarily accessory to allowed uses (j) Drive-Through Facilities. Drive-through windows may be allowed only to serve the following uses: 01) Drugstore or pharmacy. 02) Coffee shop with indoor seating,provided interior leasable area does not exceed 2,000 square feet. 03) Bank (k) Multiple Structures Allowed. Multiple structures are allowed on one lot in a Planned Village Development, subject to the density and dimensional requirements in the following sections. (1) Within the Planned Village Development as a whole, upon full buildout , (but not within any particular phase or phases), a mix of residential and non-residential uses is required as follows: 01) residential uses shall comprise at least 30%of the gross floor area in the Planned Village Development; 02) nonresidential uses shall comprise at least 30% of the gross floor area in the Planned Village Development. (m) Density Rcuuirements. Notwithstanding any other provision of the Zoning Bylaw, a Planned Village Development shall comply with the following density requirements,which shall be computed on the basis of the PVD Developable Area, and not on a lot by lot basis: Maximum Coverage by Buildings 50%of PVD Developable Area; Maximum residential component 53 dwelling units; and, Maximum nonresidential component 175,000 square feet of gross floor area. (n) Dimensional Requirements. Notwithstanding any other provision of the Zoning Bylaw, the dimensional requirements applicable to a Planned Village Development are as follows. Minimum lot area 10,000 square feet Minimum frontage 50 feet Minimum setback of buildings from public ways and adjacent lots 10 feet Minimum separation between buildings 15 feet(unless physically connected) Maximum building height— residential 48 feet Maximum building height— commercial/retail 45 feet (o) Parking Requirements. 01) Number of Parking Spaces Required. The minimum parking requirements applicable in a Planned Village Development are as follows: Residential Use 1.5 spaces per unit Nonresidential Use 3 spaces per 1,000 square feet of gross floor area Mixed Use Residential requirement plus nonresidential requirement 02) Parking Space Dimensions. Parking space dimensions shall be a minimum of 9' wide x 18' long for the nonresidential component and a minimum 8.5' wide x 18' long for the residential component, unless reduced pursuant to item(d),below. Notwithstanding the above, up to 35% of the required parking spaces may be compact spaces with a minimum dimension of 8' wide x 16' long. 03) Shared Parking. Minimum parking requirements above may be reduced by the Planning Board if the applicant can demonstrate 344 that shared spaces will meet parking demands by using accepted methodologies (e.g. the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies). 04) Reduction in Parking Requirements. Notwithstanding anything to the contrary herein, the Planning Board may reduce the minimum required number of parking spaces and/or the dimensions of the required parking spaces upon a demonstration to the reasonable satisfaction of the Board that the lesser number of parking spaces or reduced dimensions of such spaces will not cause excessive , congestion or endanger public safety, and will provide positive environmental or other benefits. (p) Public Open SDacc 01) At least twenty percent(20%) of the PVD Developable Area shall be designated as Public Open Space. 02) No more than 50% of the minimum required Public Open Space in the PVD Developable Area may be devoted to impervious surfaces. (q) Recharee and Stormwater Management Standards. New development seeking a PVD Special Permit (including all roads and parking facilities) shall be subject to the Planning Board's Subdivision Regulations, § VIII, Rules and Regulations Governing Stormwater Management, only if and to the extent the new development utilizes a septic system or systems or an on-site wastewater treatment facility.New developments which connect to an off-site municipal treatment facility shall instead(a) adhere to the Commonwealth of Massachusetts DEP Stormwater Management standards as amended, (b)provide additional Low Impact Design features (such as vegetated swales, rain gardens, settlement forebays, biodetention basins, groundwater recharge(perforated pipe, drywells), or the like to the extent reasonably practical, and (c) adhere to any new stormwater regulations which are adopted by the Planning Board to address stormwater management for developments , granted a PVD Special Permit and which regulations which are in effect at the time of application for a building permit. (r) Design Standards and Guidelines. In order to ensure high-quality development within the PVOD and to ensure design that respects the built and natural character of Newbury, the Planning Board shall adopt PVD Design Standards and Guidelines as part of its Rules and Regulations. Such Design Standards and Guidelines shall address the landscaping, lighting, screening, architecture,massing and scale of the Project. All applications for a PVD Special Permit shall comply with such Design Standards and Guidelines, except where a specific waiver is granted. (s) Approval. A Planned Village Development Special Permit shall be granted where the Planning Board finds that: 515 01) the Project and site plan meet the requirements and standards set forth in this Section and the applicable zoning district(s), except to the extent that waivers have been granted as provided herein; 02) potential impacts of the Project have been adequately mitigated; 03) the increased density allowed through the granting of the special permit will support a sense of community through a concentration of a variety of uses; 04) the Project will contribute to the development of a mixed use center that provides convenient and attractive commercial and personal services for its residents and for the residents of Newbury; and 05) the Project conforms to the Town's Master Plan. The Planning Board shall grant a Planned Village Development Special Permit only if it can make appropriate findings that the criteria and objectives of(a) through(e) above are promoted, and if it finds that all the requirements of the applicable zoning district have been met. (t) Incorporation of Development Agreement. The conditions of any Site Plan Approval under this §974H(3) shall include all conditions included in any development agreement which the Town shall have accepted in relation to the development of the Planned Village Development. In issuing a Site Plan Approval under this By-Law, the Planning Board shall not have the authority to relieve the developer of any obligations under any such development agreement. (u) Performance Bond/Guarantee. The applicant shall provide a performance bond/guarantee to ensure the completion of public ways and/or infrastructure associated with the special permit application, except that a performance bond or guarantee shall not be required for any off-site work to a state-owned facility for which the applicant is providing a performance guarantee to the state. This bond/guarantee shall be provided in accordance with §117-16H of the Town of Newbury's Subdivision of Land. (v) Site Plan Review Approval. Any project requiring a PVD Special Permit shall not be required to obtain a separate Site Plan Review approval as provided in Article IX § 97-9A. The PVD Special Permit approval process shall substitute for the Site Plan Review process. (w) Additional Requirements. 01) Declaration of Covenants, Conditions, and Restrictions. Prior to the issuance of a building permit for any land subject to the PVD Special Permit,the owner(s) shall record a Declaration of Covenants, Conditions and Restrictions against all land subject to the PVD Special Permit containing provisions consistent with the requirements and restrictions of the PVD Special Permit. Such document shall specifically incorporate all phasing requirements imposed as a condition of the granting of the PVD Special Permit. $16 02) Term of PVD Special Permit. The issuance of a building permit and commencement of construction under a PVD Special Permit within two (2)years of the date of filing of the Planning Board's decision with the Town Clerk(or the date of any final resolution of any appeal of such decision) shall be deemed to constitute substantial use of rights under the PVD Special Permit for all land subject to the Special Permit;provided,however, that the Planning Board shall for good cause(including but not limited to,the appeal of any permit, approval or decision regarding the proposed development; market conditions; financing conditions; or the like), by majority vote, grant the holder of said Special Permit additional time to exercise the rights under said Special Permit,provided the holder of the Special Permit has timely requested such extension in writing to the Planning Board. Subsequent to such issuance and commencement of construction,the PVD Special Permit shall remain in effect and not lapse as to subsequent building permits issued after such two-year period. 03) Building Permit Violations. A violation of the terms of a building permit, occupancy permit for a building or buildings which is a part of the Planned Village Development, shall not affect or impact the validity of any other permit or approval for any other portions of the Planned Village Development that were constructed under a different building permit, in conformity with the approved Site Plan, or operated under another occupancy permit,provided that the violation does not materially affect the structural integrity of the portion of the Planned Village Development that is otherwise in compliance, and provided that such other portion continues to meet fire and health safety codes. 04) Where the Project is to be developed in separate phases or on separate lots,the Applicant may choose to apply for a single, collective PVD Special Permit approval or for separate PVD , Special Permit approvals. (x) Modifications of dimensional requirements. In granting a special permit,the planning board may modify specific dimensional requirements set forth in this Article provided that the Planning Board finds such modification will promote design flexibility and overall project quality, and that such modification is consistent with the overall purpose and objectives of this Article. (y) Proiect changes. 01) The following shall be deemed to be major changes to an approved Planned Village Development: a) An increase of more than ten percent(10%)in total approved gross floor area; b) An increase of more than ten percent(10%) in the approved number of residential units; 4- 7 c) An increase of more than twenty percent(20%) in the total gross floor area of nonresidential uses; or d) A substantial change in the pattern of streets,building design standards, or distribution or use of open space within the Planned Village Development. Major changes to an approved Planned Village Development site plan are subject to the Planning Board's approval of amendments to the Planned Village Development Special Permit. 02) All changes or alterations below the above thresholds shall be regarded as minor. Minor changes to an approved Planned Village Development site plan shall not require an amendment to the Planned Village Development Special Permit, but shall require Planning Board approval of the revised master plan. 03) Revised master plan documents submitted to the Planning Board for s Special Permit amendment or for Planning Board approval of a minor change shall reflect any changes approved both within the Project as well as any approved and/or constructed changes on adjacent properties or along adjacent streets in the immediate vicinity of the Project. 04) Amendments to the Planned Village Development Special Permit or changes to the approved master plan shall be based upon the zoning provisions in effect at the time of issuance of the approved Planned Village Development Special Permit unless the applicant and the Planning Board agree that such amendment shall be based upon the zoning provisions in effect at the time of application for such amendment. (4) Severability. The provisions of this section are severable and, in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect. h TOWN OF NEWBURY SPECIAL TOWN MEETING NNE 24, 2008 RESULTS MODERATOR RICHARD JOY CALLED THE SPECIAL TOWN MEETING TO ORDER AT 7:20 PM WITH A QUORUM PRESENT. COUNTERS ASSIGNED FOR THE EVENING WERE RICHARD BAZIRGAN, JAMES CUNNINGHAM, DOUGLAS NOYES,BRENDAN STOKES,AND DAVID TAYLOR. Article 1 (Development Agreement) MOVED AND SECONDED To see if the Town will vote to authorize the Board of Selectmen to execute and deliver a Development Agreement by and between the Town of Newbury and Beacon Communities Development LLC and Coastal Partners, LLC relating to the proposal to construct and operate a residential and commercial mixed-use development on land on Route 1 and Middle Road in Newbury on such terms and conditions as the Board of Selectmen determine is advisable, or take any other action relative thereto. THE VOTE WAS YES-432 TO NO- 310. PASSED Article 2 (Little River Smart Growth Overlay District) MOVED AND SECONDED To see if the Town will vote to amend the Zoning Bylaws of the Town of Newbury as follows: 1. In Article II, section 97-2, C, Overlay Districts, insert: "(6) Little River Smart Growth" 2. In Article 11, section 97-2, D, Location of Overlay Districts, insert: "(7) The Little River Smart Growth Overlay District: As shown on the map entitled "Proposed Little River Smart Growth Overlay District and Planned Village Overlay District, dated March 28, 2008, hereby incorporated as part of this Zoning Bylaw and on file in the office of the Town Clerk." 3. In Article IV, section 97-4, insert the attached section G. Little River Smart Growth Overlay District, dated May 27, 2008. or take any other action relative thereto. NEEDING A 2/3RD VOTE,ARTICLE FAILED WITH A COUNT OF YES -422 TO NO- 275. MOVED AND SECONDED TO PASS OVER ARTICLES 3 AND 4. VOTED /PASSED. MOTION AND SECOND TO ADJOURN AT 9:15 PM. PASSED. 835 VOTERS CHECKED IN A TRUE COPY ATTEST: j l yvw4L �� ANNE N. HATHEWAY TOWN CLERK I 1 TOWN OF NEWBURY SPECIAL TOWN MEETING OCTOBER 28,2008 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 28TH DAY OF OCTOBER 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, pursuant to G.L. c82A, §2, vote to designate the Building Inspector as the Town's officer to issue.permits for the purpose of creating a trench as that term is defined by G.L. c82A, §4 and 520 CMR §14.00, and further to authorize the imposition of a $25 application fee for each permit application for the purpose of offsetting administrative costs associated with the review and issuance of such permits; or act in relation thereto. ARTICLE 3. To see if the Town will vote to authorize the Board of Selectmen to seek proposals for, and to convey, on such terms as they deem prudent, including a historic preservation restriction for the exterior of the building,the former Woodbridge School; or act in relation thereto. ARTICLE 4. To see if the Town will vote,pursuant to G.L. c82, §21, to discontinue that portion of 35th Street that lies easterly of a point situated 25 feet easterly of the intersection of 35th Street and the Northern Boulevard right of way, retaining in the Town a right of way over said discontinued portion of 35th Street and allowing for access and parking purposes by the residents of 3-351h Street(Parcel U04-0-172)within the remaining 25 feet of public way; or act in relation thereto. ARTICLE 5. To see if the Town will vote to authorize the Board of Selectmen to enter into a 99 year lease with the Governor's Academy at$1 per year for an approximately three (3) acre parcel of land near Route 1 for potential future use by the Town as a site to construct a municipal facility to accommodate police and other municipal functions; or act in relation thereto. ARTICLE 6. To see if the Town will vote to grant to Phyllis E. Gamache, at no cost, an easement to maintain and use a certain parcel of land located on Grove Street, Byfield,MA more particularly described as follows: An easement for use and maintenance over a portion of Grove Street(a public way) in Newbury,Massachusetts, beginning at a point on the westerly sideline of Grove Street at land now or formerly of Bardsley, said point being the common corner of Lot 8 and Lot 9 as shown on a plan recorded at Plan Book 97,Plan 40, at Essex South District Registry of Deeds, thence along a curve to the right of Radius=95.00' Length = 118.54' along the westerly sideline of Grove Street to a point,thence S480 55' 52"E 51.48' over Grove Street to a point,thence along a curve to the left of Radius= 50.00' Length= 58.36' over Grove Street to a point, thence S63°06' 10"W 48.31' over Grove Street to the point of 550 beginning. Said easement contains 4,473 square feet of area and is shown as Proposed Easement"A" on plan entitled, "Plan of Land in Newbury, Massachusetts, showing proposed easement for Phyllis E. Gamache, dated September 30, 2008, scale: 1"=20',by Northstar Land Survey Services, P.O. Box 131,Newburyport,Massachusetts." The easement is appurtenant to the land at 9 Grove Street,Byfield, MA described in the deed to Arthur R. Gamache and Phyllis E. Gamache dated March 27t', 1996, and recorded in Book 13475, Page 145 at the Essex South District Registry of Deeds. The Board of Selectmen is hereby authorized to execute any and all instruments as may be necessary to effect the granting of the above described easement; or act in relation thereto. ARTICLE 7. To see if the Town will vote to transfer from the Essex County Retirement System line-item the sum of$3,500.00 to supplement the Finance Department Expense and the sum of $3,239.74 to supplement the Reserve Fund; or act in relation thereto. e ARTICLE 8. To see if the Town will vote to transfer from the Planning Board Wages line-item the sum of$7,000.00 to supplement the Town Hall Maintenance Expense line-item and the sum of$8,000.00 to supplement the Planning Board Expense line-item; or act in relation thereto. ARTICLE 9. To see if the Town will vote to transfer from the stabilization fund subject to the provisions of Massachusetts General Law Chapter 90, Section 34, Clause (2)(a) the sum of $125,953.00 for the purpose of purchasing a front end loader; or act in relation thereto. ARTICLE 10. To see if the Town will authorize the Harbormaster, with the approval of the Finance Director, to spend$12,500.00 from the Municipal Waterways Improvement and Maintenance Fund for the purchase of a new small patrol boat,motor and trailer; or act in relation thereto. ARTICLE 11. To see if the Town will vote to transfer from the Animal Control Expense the sum of$3,849.96 to supplement the Animal Control Officer Salary line-item in order to pay the salary of the Animal Inspector, subject to the approval of the Personnel Board; or act in relation thereto. AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED COPY THEREOF IN EACH VOTING PRECINCT,FOURTEEN DAYS AT LEAST BEFORE THE TIME OF HOLDING SAID MEETING. HEREOF,AND FAIL NOT,AND MAKE DUE RETURN OF THE WARRANT WITH YOUR DOINGS THEREON TO THE TOWN CLERK AT THE TIME AND PLACE AFORESAID. GIVEN UNDER OUR HANDS THIS 6th DAY OF OCTOBER/�8@$ , �C.is4 " SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST: ANNE HATHEWAY,ACTING WN CLERK Im 551 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: 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: 352 TOWN OF NEWBURY SPECIAL TOWN MEETING OCTOBER 28,2008 NEWBURY ELEMENTARY SCHOOL RESULTS Town Counsel,Anthony Penski announced that due to the absence of the Town Moderator, Town Clerk Anne Hatheway will call the meeting to order. Following the opening of the meeting at 7:00 PM the motion was made and seconded to appoint a Temporary Moderator. It was voted to name John Salter as Temporary Moderator for this meeting. The checklist showed 48 registered voters at this time. The number of voters peaked to 84. There were 15 non-voters present: Richard Moynihan, Barbara Moynihan, , Michael Moynihan, (Merrimac) Chuck Kostro,(Finance Director) Mike Reilly, (Newbury Police Chief) John Lucey, (Lt. Newbury Police) ( Susan Dow, Bill Dow, (New Hampshire) Phyllis Gamache, Shirley Gamache, (Byfield) Mike Chiaravalloti, (taking video) John Foster, Sara Foster, (Byfield) Paula Bishop, (Rowley) and Dan Atkinson, (Newburyport Daily News) The Checkers at the door were: Marge Emerson, Kathy Sirois,Francis Webb, and Ed Carpenter. The Counters were Brendan Stokes and August Rettkowski. 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 28TH DAY OF OCTOBER 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. Motion: Dr. Vincent Russo so moved. Seconded and carried by unanimous vote. ARTICLE 2. To see if the Town will,pursuant to G.L. c82A, §2,vote to designate the Building Inspector as the Town's officer to issue permits for the purpose of creating a trench as that term is defined by G.L. c82A, §4 and 520 CMR§14.00, and further to authorize the imposition of a $25 application fee for each permit application for the purpose of offsetting administrative costs associated with the review and issuance of such permits; or act in relation thereto. Motion: Dr. Vincent Russo So moved. Seconded and carried by unanimous vote. ARTICLE 3. To see if the Town will vote to authorize the Board of Selectmen to seek proposals for, and to convey, on such terms as they deem prudent, including a historic preservation restriction for the exterior of the building, the former Woodbridge School; or act in relation thereto. Motion: Dr. Vincent Russo so moved. Seconded and carried by unanimous vote. (2/3 required) ARTICLE 4. To see if the Town will vote,pursuant to G.L. c82, §21, to discontinue that portion of 35 h Street that lies easterly of a point situated 25 feet easterly of the intersection of 35`h Street and the Northern Boulevard right of way, retaining in the Town a right of way over said discontinued portion of 35`h Street and allowing for access and parking purposes by the residents of 3-35`h Street(Parcel U04-0-172) within the remaining 25 feet of public way; or act in relation thereto. Motion: Joseph Storey So moved. Seconded Doug Packer moved to indefinitely postpone action on the article. 555 Seconded and carried by unanimous vote to postpone. ARTICLE 5. To see if the Town will vote to authorize the Board of Selectmen to enter into a 99 year lease with the Governor's Academy at $1 per year for an approximately three (3) acre parcel of land near Route 1 for potential future use by the Town as a site to construct a municipal facility to accommodate police and other municipal functions; or act in relation thereto. Motion: Joseph Storey so moved. Seconded and carried by unanimous vote. (213 required) ARTICLE 6. To see if the Town will vote to grant to Phyllis E. Gamache, at no cost, an easement to maintain and use a certain parcel of land located on Grove Street, Byfield, MA more particularly described as follows: An easement for use and maintenance over a portion of Grove Street(a public way) in Newbury, Massachusetts, beginning at a point on the westerly sideline of Grove Street at land now or formerly of Bardsley, said point being the common corner of Lot 8 and Lot 9 as shown on a plan recorded at Plan Book 97, Plan 40, at Essex South District Registry of Deeds, thence along a curve to the right of Radius = 95.00' Length= 118.54' along the westerly sideline of Grove Street to a point, thence S480 55' 52"E 51.48' over Grove Street to a point, thence along a curve to the left of Radius= 50.00' Length= 58.36' over Grove Street to a point, thence S63000' 10"W 48.31' over Grove Street to the point of beginning. Said easement contains 4,473 square feet of area and is shown as Proposed Easement"A" on plan entitled, "Plan of Land in Newbury, Massachusetts, showing proposed easement for Phyllis E. Gamache, dated September 30, 2008, scale: 1"=20',by Northstar Land Survey Services, P.O. Box 131,Newburyport, Massachusetts." The easement is appurtenant to the land at 9 Grove Street,Byfield, MA described in the deed to Arthur R. Gamache and Phyllis E. Gamache dated March 27th, 1996, and recorded in Book 13475, Page 145 at the Essex South District Registry of Deeds. The Board of Selectmen is hereby authorized to execute any and all instruments as may be necessary to effect the granting of the above described easement;or act in relation thereto. Motion: Dr. Vincent Russo So moved. Seconded and carried by unanimous vote. (2/3 required) ARTICLE 7. To see if the Town will vote to transfer from the Essex County Retirement System line-item the sum of$3,500.00 to supplement the Finance Department Expense and the sum of $3,239.74 to supplement the Reserve Fund; or act in relation thereto. Motion: Dr. Vincent Russo So moved. Seconded and carried by unanimous vote. ARTICLE 8. To see if the Town will vote to transfer from the Planning Board Wages line-item the sum of$7,000.00 to supplement the Town Hall Maintenance Expense line-item and the sum of$8,000.00 to supplement the Planning Board Expense line-item; or act in relation thereto. Motion: Dr. Vincent Russo So moved. Seconded 554 Motion: Bill Cooper(Finance Committee) To amend as follows: To see if the Town will vote to transfer from the Planning Board Wages line-item and the sum of$15,000.00 to supplement the Reserve fund; or act in relation thereto. Motion: Bill Cooper To withdraw the previous amendment and to amend as follows: To see if the Town will vote to transfer from the Planning Board Wages line-item the sum of $8,000.00 to supplement the Planning Board Expense line-item; or act in relation thereto. Motion: Dr. Vincent Russo So moved. Seconded. The article as amended carried by unanimous vote. ARTICLE 9. To see if the Town will vote to transfer from the stabilization fund subject to the , provisions of Massachusetts General Law Chapter 90, Section 34, Clause (2)(a) the sum of $125,953.00 for the purpose of purchasing a front end loader; or act in relation thereto. Motion: Dr.Vincent Russo So moved. Seconded and carried. (2/3 required) ARTICLE 10. To see if the Town will authorize the Harbormaster,with the approval of the Finance Director, to spend$12,500.00 from the Municipal Waterways Improvement and Maintenance Fund for the purchase of a new small patrol boat, motor and trailer; or act in relation thereto. Motion: Dr. Vincent Russo So moved. Seconded and carried by unanimous vote. ARTICLE 11.To see if the Town will vote to transfer from the Animal Control Expense the sum of$3,849.96 to supplement the Animal Control Officer Salary line-item in order to pay the salary of the Animal Inspector, subject to the approval of the Personnel Board; or act in relation thereto. Motion: Dr. Vincent Russo So moved. Seconded , Motion: Bill Cooper (Finance Committee) To amend as follows: To see if the Town will vote to transfer from the Animal Control Expense the sum of$3,849.96 to supplement the Reserve Fund line-item in order to pay the salary of the Animal Inspector, subject to the approval of the Personnel Board; or act in relation thereto. Motion: Dr. Vincent Russo So moved . Seconded The motion as amended carried by majority vote(1 No vote) MOVED TO ADJOURN AT 8:15PM Seconded and Carried Respectfully Submitted, C Anne Hatheway (Acting)Town Clerk TOWN OF NEWBURY ANNUAL ELECTION MAY 12,2009 ESSEX SS: TO: ONE OF TILE CONSTABLES FOR'THE TOWN OF TJIEW131.IR1' NIASSACIiUSET`I'S GREETINGS: IN THE NAME OF'TIIE COMMONWEA1,1-II OF MASSACIIUSETTS,YOU ARE[IEREBY DIRECTED'TO NOTIFY AND WARN TILE INHABITANTS OF"THE"TOWN OF NEWBURY, QUALIFIED TO VOTE IN TOWN AFFAIRS, TO MEET IN OUR RESPECTIVE VOTING DISTRICTS ON MAY 12,2009'TO VOTE ON THE FOLLOWING POSITIONS: SELECTMAN-3 YEARS, SELECTMAN-2 YEARS, ASSESSOR--3 YEARS, BOARD OF HEAL'I'l l-3 YEARS, CONS'TA13LE--4 YEARS, FISH COMMISSIONER-3 YEARS, LIBRARY TRUSTEE-2 YEARS, LIBRARY"TRUSTEE--3 YEARS, MODERATOR-2 FEARS, PLANNING BOARD- 3 YEARS, PLANNING 130ARD -5 YEARS,TOW14 CLERK-3 YEARS, TREE WARDEN- I YEAR, TRUSTEE FIRST SETTLERS BURIAL,GROUND -3 YEARS, TRITON REGIONAL SCHOOL COIAMITTEE--NEB\rBURY- 3 YEARS, ROWLEY - 3 FEARS, SALISBURY -3 YEARS. TILE PULLS WILL BE OPEN A'T 12:00 NOON AND CLOSE AI' 8:00 P.M. AND YOU ARE HEREBY DIRECTED TO SERVE HUS WARRAN T BY POSTING AN ATTESTED COPY THEREOF IN EACH VOTING PRECINCT, SEVEN DA1'S AT LEAST BEFORE-THE`I'1ME OF HOLDING SAID ELECTION. l HEREOF, AND FAIL NOT TO MAE.E' DUE RETURN 01;'1 IIIE \`'ARRANT WITII YOUR D(ANGS THEREON TO THE TO\?VN CLERK A'['TILE TIME AND PLACE AFORESAID. GIVEN UNDER OUR HANDS'THIS 29... I►AY OF APRIL 2001). SEL[ECTNIU11,TOWN OF NEW131 MY Al-RUE QOPY AT TEST: 1 N l THEWAY,'I'OWN C'LURK 'jj C � PURSl1AN'f'"1'O'T[lE AB(. V1:WARRAN"T'TO I`'IE DIRE j ;v 0- IE 'BY NOTIFY AND WARN THE INIIAl31'TAN'1'S 0F'TIIE"GOWN OF NEWI3URY,QUA TRIED TO VOTE IN TOWN AFFAIRS, TO MEET AT TIIE TINIE AND PLACE, MENTIONED FOR J III,PURPOSE HEREIN NAMED. DATE_ _f � ._ 1 CONS'1'ABI_E;_l1``t��!��c '- l;'i'I �_V�.C�i" l��'l ' "'c `l �.i_ y PURSI)ANT TO THE ABOVE WARRANT TO I IE DIRECTED, I HAVE NO"[-IFIED AND WARNED THE INI IA1. ITANTS 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., DA'I'13J j �1� ' Z-�.f tlr CC►IJS'I'ABl_li: t �c04, '�( L ANNUALT'OWN ELECTION MAY 12, 2009 RESULTS PCT I PCT 2 TOTAL SELECTMAN FORTIIREE YEARS MICTIAELA. 131.11,(iARIS 398 397 795 STEPHEN M. MAI MION 291 225 516 OEOI-,FREY If. WAI GER, 606 458 1064 SELECTMAN FORTWO YEARS . CHARLES D. BEAR 183 276 459 ROBERT A. BROWN 73 73 146 AUTN2EY D. KELLER 249 234 483 MARC D. SIA4MONS 219 100 319 ASSESSOR FOR T 11REE YEARS * F.N. "131)DD" KELLEYI❑ 534 500 1034 BOARD OF DEAI.,TII FOR THREE;"EARS * ELAINE A. BYRNE 510 454 964 CONSTABLE * JAMES A.CUNNINGHAM 593 527 1110 FISH COMMISSIONER ROBERTA. FOUR.NIER 233 188 421 PAUL A. TIIISTLEWOOD 316 379 695 LIBRARY TRUSTEE FOR'l11REE PEARS * MARY F. LEARY 445 499 934 MEIJSSAM. MASHBURN 289 251 540 LIBRARY I"RUS'TEE FOR I WO YEARS (UNEXPIRED TERM) AMY R. SWINIARSKI 462 487 949 ' MODERATOR FOR TWO YEARS (UNEXPI RED TERN I) JOAN M.WEYBIJRN 475 152 927 PLANNING BOARD FOR FIVE YEARS LINDAA. McCANIIC. 447 416 863 PLANNING BOARD FOR'UIREE YEARS (UNEXPIRED TERM) KAT HLEEN KL PEARSON 473 451 924 TOWN CLERK FOR THREE YEARS ANNE R. FIATFIrWAY 593 497 1090 TREE WARDEN FOR ONE YEAR * PETER W.HOLLIS 493 385 878 SEAN NV.PEARSON 154 236 390 TRUSTEE,FIRST SE'1'T'LERS Bl IR1AL(iR(it II'ID FOR'T'URLE YEARS * RICIIARD N. C'UN1dINGUAM 588 547 1135 TRITON REGIONAL.SCI IDOL COMMITTEE FOR THREE YEARS NE W L31.ISUZANNE * U W. ULClSMORE 523 506 1029 ROW1.EY MARY 'T.MURPIIY 282 305 587 DMU,FNE J. DOUCOT 184 155 339 SALISBURY DALE KNOWLES 245 248 493 LINDA MARIE I ITCOFSKY 164 139 303 TOTAL V(1'I'ERS 798 716 1514 *incumbent 33% t u ioul 5066 Regisleted volets 357 TOWN OF NEWBURY SPECIAL TOWN MEETING MAY 26, 2009 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 27`t' DAY OF MAY 2008 AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ: ARTICLE 1. To see if the Town will vote to transfer from the Planning Board Salary line-item in the Fiscal Year 2009 budget the sum of$20,000.00 to the Reserve Fund and further, transfer from the Legal line-item the sum of$8,000 to the Reserve Fund; or act in relation thereto. ARTICLE 2. To see if the Town will vote to transfer from Free Cash the sum of$212,948.40 to the snow and ice line-item in the Fiscal Year 2009 budget; or act in relation thereto. ARTICLE 3. To see if the Town will vote to transfer from the Stabilization Fund the sum of $27,337.40 to pay the following outstanding bills from prior fiscal years; or act in relation thereto. Invoice Department Date Amount Item-Description Finance Expense 03/11/08 $9.90 Office Supplies Board of Health Expense 03/11/08 $34.07 Office Supplies Board of Health Expense 05/27/08 $25.16 Office Supplies Police Expense 08/02/07 $15.00 Equip.-Rental Chg. Police Expense 08/15/07 $101.22 Equip.Rental-Supplies Police Expense Various $27,152.05 Insurance Bills ARTICLE 4. To see if the Town will create an Unemployment Compensation Fund for the purpose of paying unemployment charges assessed to the Town and will, further, transfer $5,000.00 from Free Cash,to said fund; or act in relation thereto. ARTICLE 5. To see if the Town will vote to rescind the approval of Article 9 of the Special Town Meeting of October 28, 2008 which appropriated $125,953.00 from the Stabilization Fund for the purchase of a front end loader; or act in relation thereto. 1 558 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 I Ith DAY OF MAY 2009. SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATTEST: i PURSUANT TO THE AB VE WARRANT TO ME DIRECTED, I HEREBY NOTIFY AND WARN THE INHABIT S 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: CONSTABLEi 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 FqR THE, PURPOSE HEREIN NAMED. DATE: CONST E: J i 2 559 TOWN OF NEWBURY ANNUAL TOWN MEETING MAY 26, 2009 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 26th DAY OF MAY AT 7:15 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 OR TAKE FROM AVAILABLE FUNDS THE SUM OF$7,395,522.87; AND TAKE FROM THE SPECIAL ASSESSMENT FUND$532,000.00; FOR THE OPERATION OF THE TOWN IN FISCAL 2010. FINANCE COMMITTEE RECOMMENDS FY 09 FY 10 CHANGE TOWN MTG. MODERATOR 100 100 0 SELECTMEN SALARIES 15,000 15,000 0 TOWN ADMINSTRATOR SALARY 93,750 95,000 1.33% SELECTMEN ADMIN. ASST. 44,950.20 46,276.16 2.95% SELECTMEN'S EXPENSE 3,000 6,000 100% FINANCE COMMITTEE EXPENSES 150 175 16.67% RESERVE 70,000 0 -100% TREASURER/COLLECTOR SALARY 0 71,834 0 FINANCE DEPARTMENT SALARIES 22,927.63 0 -100% FINANCE EXPENSES 40,350 39,150 -2.97% ACCOUNTANT'S SALARY 57,249.94 58,096 1.48% ACCOUNTANT'S EXPENSE 8,500 10,500 23.53% ASSESSOR'S SALARY 9,890 9,890 0 ASSESSOR'S WAGES 44,694.30 45,355.38 1.48% ASSESSOR'S EXPENSE 57,400 55,000 -4.18% AUDIT TOWN BOOKS 25,000 25,000 0 TREASURER-COLLECTOR WAGES 33,441,21 0 -100% LEGAL EXPENSE 75,000 75,000 0 PERSONNEL BOARD 500 0 0 TOWN CLERK'S SALARY 48,415.33 49,165.33 1.55% TOWN CLERK'S WAGES 25,000 31,395 25.58% TOWN CLERK STIPEND 0 0 0 TOWN CLERK'S EXPENSE 6,995 4,875 -30.31% TOWN CODE BOOKS 3,750 0 -100% ELECTION EXPENSE 9,600 6,750 -29.69% REGISTRARS VOTERS SALARIES 750 750 0 REGISTRARS VOTERS EXPENSE 4,734.12 4,500 -4.95% CONSERVATION COMM. AGENT SALARY 49,318.16 50,171 1.73% CONSERVATION COMM. WAGES 13,303.68 19,945.44 49.92% CONSERVATION COMM. EXPENSE 6,150 5,000 -18.70% TREE WARDEN SALARY 3,000 3,000 0 TREE WARDEN EXPENSE 5,000 5,000 0 CLAM FLATS TOWN WAGES 4,000 4,000 0 PLANNING BOARD WAGES 60,184.27 59,291 -1.48% PLANNING BOARD EXPENSE 4,900 3,615 -26.22% MERRIMACK VALLEY PLANNING COMM. 2,215.08 2,215.08 0 ZONING BOARD OF APPEALS WAGES 900 900 0 ZONING BOARD OF APPEALS EXPENSES 500 230 -54% TOWN HALLS MAINT. EXPENSE 47,750 0 -100% PUBLIC BUILDING MAINTENANCE 36,000 74,000 105.56 TOWN REPORTS 1,500 1,500 0 INSURANCE EXPENSE 147,000 153,000 4.08% 1 360 POLICE DEPARTMENT WAGES 1,116,178.04 1,170,835.14 4,90% EMERGENCY MGT DIRECTOR SALARY 5,000 0 -100% POLICE EXPENSE 110,000 110,000 0 FIRE PROTECTION-WAGES-P#1 98,973.06 102,025.12 3.08% FIRE PROTECTION-WAGES-P#2 91.457.18 91,809.99 0.39% CALL FIRE P# 1 70,658 70,658 0 CALL FIRE P#2 70,658 70,658 0 FIRE PROTECTION-FLAT RATE-P#1 74.750 74,750 0 FIRE PROTECTION-FLAT RATE-P#2 74,750 74,750 0 , FOREST FIRES-P# 1 2,500 2.500 0 FOREST FIRES-P#2 2,500 2,500 0 FIRE ALARM MAINT. EXPENSE 7,000 7,000 0 AMBULANCE SERVICE 15,000 15,000 0 BUILDING INSPECTOR SALARY 57,502.74 58,599.33 1.91% ASST. BUILDING INSPECTOR 9,400.55 9,400 -0.01% BUILDING INSPECTOR WAGES 6.538.06 0 -100% BUILDING INSPECTOR EXPENSE 6,975 5,150 -26.16% GAS INSPECTOR'S EXPENSE 6,000 4,500 -25.00% PLUMBING INSPECTOR'S EXPENSE 10,000 8,500 -15% SEALER OF WEIGHTS & MEASURES 2,500 2,500 0 WIRE INSPECTOR'S EXPENSE 11,500 9,500 -17.39% CIVIL DEFENSE 0 0 0 ACO SALARY 17,364.62 20,984 20.84% ACO EXPENSE 8,000 3,000 -62.50% PARKING CLERK'S SALARY 2,400 2,400 0 PARKING CLERK'S EXPENSE 600 420 -30% HYDRANT SERVICE 11,475 11,475 0 TRITON REGIONAL CAPITAL IMPROV. 165,399 296,111 79.03% HIGHWAY LABOR 422,500.28 438,372.74 3.76% HIGHWAY MAINTENANCE EXPENSE 70,000 160,000 128.57% SNOW REMOVAL WAGES/EXPENSE 95,000 95,000 0 , STREET LIGHTING 47,000 40,000 -14.89% TRUCK MAINTENANCE 85,000 0 -100% GARAGE MAINTENANCE 20,000 0 -100% BOARD OF HEALTH WAGES 57,250 58,108.75 1.50% BOARD OF HEALTH EXPENSES 223,000 230,000 3.14% PUBLIC HEALTH SERVICES EXPENSE 11,000 0 -100% COUNCIL ON AGING WAGES 71,506.29 69,736.98 -2.47% COUNCIL ON AGING EXPENSE 12,800 8,940 -30A6% VETERANS DIRECTOR STIPEND 2,400 2,400 0 VETERANS SERVICES 14,000 25,000 78.57% NEWBURY TOWN LIBRARY WAGES 199,413.27 203,308.86 1.95% NEWBURY TOWN LIBRARY EXPENSES 63,000 52,500 -16.67% LIFEGUARD WAGES 40,000 39,000 -2.50% LIFEGUARD EXPENSES 5,000 3,000 -40% PARKS EXPENSE 25.000 0 A00% HISTORIC COMMISSION 650 650 0 375T" ANNIVERSARY COMMITTEE 375 375 0 MEMORIAL DAY 600 400 -33.33% COST OF BONDING 19,391.53 17,500 -9.75% LONG TERM DEBT PRINCIPAL 1,703,404.08 1,983,275.86 16.43% SHORT TERM DEBT INTEREST 15,376.13 23,840 55.05% LONG TERM DEBT INTEREST 631,151.46 569,820.71 -9.72% HEALTH & DENTAL INSURANCE 545,000 583,150 7% , EMPLOYEE LIFE INSURANCE 1,900 1,300 -31.58% FICA MEDICARE 63,750 65,139 2.18% ARTICLE 2 TOTALS 7,927,522.87 ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $8,347,418.00 FOR THE PURPOSE OF FUNDING THE ASSESSMENT TO THE TOWN BY THE TRITON REGIONAL SCHOOL DISTRICT FOR FY2010. FINANCE COMMITTEE RECOMMENDS ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $181,787.00 FOR THE WHITTLER VOCATIONAL SCHOOL'S FY10 ASSESSMENT TO NEWBURY. 2 _ 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$359,502.66 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 2010. FINANCE COMMITTEE RECOMMENDS ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $3,355 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 2009. FINANCE COMMITTEE RECOMMENDS ARTICLE 7. 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 8. TO SEE IF THE TOWN WILL APPROPRIATE FROM THE STABILIZATION FUND THE SUM OF$75,000 FOR THE PURPOSE OF FUNDING THE RESERVE FUND IN THE FISCAL YEAR 2010 OPERATING BUDGET;OR ACT 1N RELATION THERETO. (2/3rds vote required) FINANCE COMMITTEE RECOMMENDS ARTICLE 9. TO SEE IF THE TOWN WILL APPROPRIATE FROM THE STABILIZATION FUND THE SUM OF$15,000 FOR THE PURPOSE OF PURCHASING GEOGRAPHIC INFORMATION SYSTEM(GIS)AND PICTOMETRY SOFTWARE;OR ACT IN RELATION THERETO.(2/3rds vote required) FINANCE COMMITTEE RECOMMENDS ARTICLE 10. TO SEE IF THE TOWN WILL APPROPRIATE FROM THE STABILIZATION FUND THE SUM OF$52,665 FOR THE PURPOSE OF PURCHASING A PLOW AND SANDER FOR THE HIGHWAY DEPARTMENT;OR ACT IN RELATION THERETO.(2/3rds vote required) FINANCE COMMITTEE RECOMMENDS ARTICLE 11. TO SEE IF THE TOWN WILL APPROPRIATE FROM THE STABILIZATION FUND THE SUM OF$28,000 FOR THE PURPOSE OF PURCHASING A POLICE CRUISER;OR ACT IN RELATION THERETO.(2/3rds vote required) FINANCE COMMITTEE RECOMMENDS ARTICLE 12. TO SEE IF THE TOWN WILL APPROPRIATE FROM THE STABILIZATION FUND THE SUM OF$10,000 FOR THE PURPOSE OF REPAIRING OR REPLACING THE BOILER IN THE TOWN HALL;OR ACT IN RELATION THERETO. (2/3rds vote required) FINANCE COMMITTEE RECOMMENDS ARTICLE 13. TO SEE IF THE TOWN WILL APPROPRIATE FROM THE LAND SALE FUND.THE SUM OF$10,000 FOR THE TOWN'S SHARE OF THE LARKIN MILL DAM PROJECT;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 14. TO SEE IF THE TOWN WILL APPROPRIATE FROM THE LAND SALE FUND THE SUM OF$25,000 FOR THE PURPOSE OF STUDYING,DESIGNING OR REPAIRING THE HIGHWAY BARN;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS ARTICLE 15. TO SEE IF THE TOWN WILL APPROPRIATE FROM FREE CASH THE SUM OF $130,000 FOR THE PURPOSE OF REDUCING THE TAX RATE IN FISCAL YEAR 2010;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS 3 ARTICLE 16. 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 'lz OF CHAPTER 44 MGL. THE HARBORMASTER WITH THE APPROVAL OF THE SELECTMEN IS AUTHORIZED TO SPEND $66,500.00 DURING THE NEXT FISCAL YEAR. FINANCE COMMITTEE RECOMMENDS ARTICLE 17. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF$1,004,046.59 FROM CHAPTER 90 AVAILABLE FUNDS FOR USE BY THE DEPARTMENT OF PUBLIC WORKS; OR ACT IN RELATION THERETO. ARTICLE 18. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF SELECTMEN TO GRANT SUCH TEMPORARY EASEMENTS AS THE SELECTMEN SHALL DEEM NECESSARY TO THE ARMY CORPS OF ENGINEERS AND ITS CONTRACTORS AND/OR AGENTS TO ALLOW FOR THE PLACEMENT OF PIPING AND APPURTENANT EQUIPMENT ON TOWN OWNED BEACH AND LAND ON PLUM ISLAND FOR THE PURPOSE OF REPLENISHING THE BEACH WITH DREDGED SAND MATERIALS AS WELL AS TO ACCEPT FROM PRIVATE PROPERTY LANDOWNERS SUCH ADDITIONAL EASEMENTS AS MAY BE REQUIRED FOR SAID SAND DREDGING PROJECT;OR ACT IN RELATION THERETO. ARTICLE 19. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF SELECTMEN TO PETITION THE GENERAL COURT TO ENACT LEGISLATION AS FOLLOWS: AN ACT REGULATING CERTAIN INSURANCE BENEFITS FOR ELECTED OFFICIALS OF THE TOWN OF NEWBURY. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of saute as follows: SECTION 1. Notwithstanding Chapter 32B of the General Laws or any other general or special law to the , contrary, an elected official of the town of Newbury who receives a stipend shall not be eligible for participation in the town's contributory health and life insurance plans unless the official pays to the town one hundred per cent(100%)of the cost of participation in the plans,plus any administrative costs that may be assessed by the board of selectmen. SECTION 2. Notwithstanding section I,the town clerk and the elected members of the board of selectmen shall remain eligible for participation in the town's contributory health and life insurance plans at the same rate of contribution as non-union employees of the town. SECTION 3. This act shall take effect upon its passage. or act in relation thereto. ARTICLE 20. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF SELECTMEN TO PETITION THE GENERAL COURT TO ENACT LEGISLATION AS FOLLOWS: AN ACT AUTHORIZING THE BOARD OF ASSESSORS OF THE TOWN OF NEWBURY TO GRANT AN ABATEMENT OF REAL ESTATE TAXES TO GERALDINE V.BUZZOTTA FOR FISCAL YEAR 2009. Be it enacted by the Senate and House of Representatives in General Court assembled and by the authority of the same as follows: SECTION 1. Notwithstanding Chapter 59 of the General Laws or any other general or special law to the contrary, the board of assessors of the town of Newbury are hereby authorized to rant a real estate tax , abatement in the amount of$930.93 to Geraldine V. Buzzotta whose home at 4-5 Street on Plum Island in Newbury was destroyed as a result of breach erosion on November 26,2008,said abatement covering the period November 26, 2008 through June 30,2009. SECTION 2. This act shall take effect upon its passage; or act in relation thereto. ARTICLE 21. TO SEE IF THE TOWN WILL VOTE TO CHARGE FOR EACH WRITTEN DEMAND ISSUED BY THE TAX COLLECTOR,EFFECTIVE JULY 1,2009,A FEE OF$10.00 TO BE ADDED AND COLLECTED AS PART OF THE TAX,AS AUTHORIZED BY G.L.C.60§15,AS AMENDED BY ST. 2008,C.182, §15;OR ACT IN RELATION THERETO. 4 ARTICLE 22. TO SEE IF THE TOWN WILL ADD THE FOLLOWING SECTION TO THE BYLAWS: Section 18-3 The Town Administrator shall assume the duties of,or may designate a Chief Procurement Officer. The Chief Procurement Officer shall have all of the duties and authority as provided by Massachusetts General Law,including but not limited to,sole authority to execute any agreement procured under Chapter 30B, Chapter 149 or Chapter 30 §39M,provided,however,that for any agreement the value of which shall be$25,000.00 or more,prior approval of the Board of Selectmen shall be required; or act in relation thereto. ARTICLE 23. TO SEE IF THE TOWN WILL REAUTHORIZE THE BOARD OF HEALTH'S REVOLVING HOME COMPOSTING BIN ACCOUNT IN ACCORDANCE WITH SECTION 53E'/2 OF CHAPTER 44 OF THE GENERAL LAWS IN ORDER TO PLACE REVENUE COLLECTED FROM THE SALE OF COMPOST BINS WHICH SHALL BE USED TO PURCHASE ADDITIONAL COMPOST BINS, ADVERTISE THE AVAILABILITY OF SUCH BINS,AND FURTHER,THAT THE BOARD OF HEALTH IS AUTHORIZED TO SPEND$5,000.00 DURING THE NEXT FISCAL YEAR;OR ACT IN RELATION THERETO. ARTICLE 24. TO SEE IF THE TOWN WILL REAUTHORIZE THE RECREATION COMMITTEE'S REVOLVING FUND IN ACCORDANCE WITH SECTION 53E %OF CHAPTER 44 OF THE GENERAL LAWS FOR THE PURPOSES OF MAINTAINING CERTAIN FIELDS,AND,FURTHER,THAT THE RECREATION COMMITTEE IS AUTHORIZED TO SPEND$30,000.00 DURING THE NEXT FISCAL YEAR; OR ACT IN RELATION THERETO. ARTICLE 25. (Sense of the Meeting) TO SEE IF THE TOWN WISHES TO PURSUE THE CONSTRUCTION OF A SENIOR/COMMUNITY CENTER ON A CERTAIN PARCEL OF LAND LOCATED ON SCOTLAND ROAD TO BE DONATED TO THE TOWN BY RICHARD CUNNINGHAM FOR THE PRIMARY PURPOSE OF SERVING AS A SENIOR CENTER AS WELL AS SERVING NEEDS OF ALL TOWN CITIZENS. ARTICLE 26. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF SELECTMEN TO ACCEPT FROM ALAN J.WHITE OVER LAND SITUATED AT 107 NORTHERN BOULEVARD AN EASEMENT FOR THE INSTALLATION,MAINTENANCE AND REPAIR OF SEWER AND WATER PIPELINES AS SHOWN ON A PLAN ENTITLED"UTILITY EASEMENT PLAN OF LAND IN NEWBURY,MA"DATED APRIL 2,2009;OR ACT IN RELATION THERETO. ARTICLE 27. TO SEE IF THE TOWN WILL VOTE TO AMEND ITS RIGHT TO FARM BY-LAW ADOPTED AT THE MAY 27,2008 ANNUAL TOWN MEETING BY AMENDING SECTION 4 THEREOF SO THAT IT NOW READS AS FOLLOWS: Section 4. Disclosure Notification Immediately upon the execution of a purchase and sale agreement for the purchase of any real estate is entered into,or prior to the sale or exchange of real property if no purchase and sale agreement exists, for the purchase or exchange of real property,or prior to the acquisition of a leasehold interest or other possessory interest in real property, located in Newbury,the landowner shall present the buyer or occupant with a disclosure notification which states the following: "It is the policy of Newbury to conserve,protect and encourage the maintenance and improvement of agricultural land for the production of food,or other agricultural products,and also for its natural and ecological value. This disclosure notification is to inform buyers or occupants that the property they are about to acquire or occupy lies within a town where farming activities occur. Such farming activities may include, but are not limited to,activities that may cause noise,dust or odors. Buyers and occupants are also informed that the location of property within Newbury may be impacted by commercial agricultural operations including the ability to access water services for such property under certain circumstances." A copy of the disclosure notification shall be signed by the landowner prior to the sales,purchase, exchange or occupancy of real property. A copy of the disclosure notification must be filed with the Board of Selectmen prior to the sale,purchase,exchange or occupancy of such real property. In addition,the Town may mail a copy of this disclosure notification to all landowners once each fiscal year by inclusion in its mailing of real estate or excise taxes. Any violation of this section shall be subject to a fine of$300 and shall be enforced by the Board of Selectmen or its designee. The Town is authorized to enforce this section under the non-criminal disposition provision of G.L. c.40, § 21D; 5 lot or act in relation thereto. ARTICLE 28. TO SEE IF THE TOWN WILL VOTE TO AMEND CHAPTER 24 OF ITS BY-LAWS (PERSONNEL POLICY)AS FOLLOWS: 1. By replacing existing Section 24-2.F. with the following: F. Job Description.A written job description for every Town employee,including elected and appointed positions. Said description shall include essential duties and responsibilities for the position,as well as the , required knowledge,skills and experience, including any mental and/or physical demands. 2. By adding to 24-2.1. the following: (3)Fractional Employee-A fractional employee is one who will work less than twenty(20)hours weekly in a regularly scheduled year-round position. 3. By replacing existing Section 24-2.L. with the following: L. Overtime-Hours worked by a non-exempt employee in excess of 40 hours per week. 4. By replacing existing Section 24-4.I. with the following: 1. Establish a job title and compensation rate for each new or changed position,subject to the receipt of explanatory and substantiating data relative to the content of the position in such form as the Board shall require. Any new classes or grades added to the Classification Plan as a result of the Board's action shall be subject to ratification by vote of the town at a Town Meeting. 5. By replacing existing Section 24-6.G.with the following: G. New employees-Except as is otherwise provided herein, a new employee of the Town shall be paid at the minimum rate of pay established by the Town's Classification Plan for the position in which employed.Upon the recommendation of a Department Head,supported by evidence in writing of special reasons and exceptional circumstances satisfactory to the Personnel Board,the Board may authorize for a new employee an entrance rate higher than minimum for that position.Employees hired at any rate above entry level shall be , subject to the requirements of Section 24-61). Any new employee,regardless of entrance rate granted, shall be subject to Section 24-7C. 6. By replacing existing Section 24-6.11.with the following: H. Promotion-In the event an employee is promoted from one position in the Classification Plan to another position in said plan in a higher grade, the employee shall receive an increase in compensation as determined by the Personnel Board. Such rate of pay will not be more than the maximum rate of pay established by the Classification Plan for the grade of that position. 7. By replacing existing Section 24-7.A(3)with the following: A.(3)All promotions or upgrades must be approved by the employee's deparhnent head and/or the appointing authority of the Town prior to approval by the Personnel Board,and followed by approval from the Town Administrator. 8. By replacing existing Section 24-9.A. with the following: A. Each full-time employee whose position has been determined by the Personnel Board to be non-exempt pursuant to the Fair Labor Standards Act,except Department Heads and Police or Fire personnel,who shall be required to be on duty in excess of forty(40) hours in one workweek,shall be paid for such overtime duty at the rate of one and one half times the employee's regular hourly rate of compensation.Hours worked for the purpose of computing overtime shall include only those hours the employee actually worked in that week. Time paid,but not actually worked,such as holiday,sick days,paid personal days or vacation,is not counted for the purpose of computing overtime pay. Prior authorization for paid overtime must be obtained from the Department Head in advance of working any overtime hours. 9. By replacing existing Section 24-10.D.with the following: , D. Under Massachusetts General Laws,Chapter 30,Section 24A, if the regular day off is Saturday and any such legal holiday falls on a Saturday, such person shall,where possible,be given the preceding Friday off without loss of pay. If the holiday falls on Sunday,such person shall take the following Monday. If said day off cannot be given by reason of a personnel shortage or other cause,the employee shall be given an additional day subject to approval of the Department Head,or at another work day mutually agreed upon between the employee and the Department Head within the next thirty(30)days. In the event an employee's regular day off,vacation day,or a day on which the employee is absent from duty because of injuries sustained in the line of duty falls on a paid holiday,the employee shall be granted an additional day off. 6 10. By deleting Section 24-10.G. in its entirety. 11. By replacing existing Section 24-11.B.with the following: B. (1)An employee with less than five(5)years of continuous employment with the Town shall be entitled to two(2)weeks of vacation time and will be pro-rated in accordance with their regularly scheduled total weekly hours. Vacation leave is not awarded to part-time, fractional,or seasonal employees. (2) An employee with more than five(5)years of continuous employment with the Town shall be entitled to three(3)weeks of vacation. In addition,employees will then earn one additional day.of vacation for each full year of continuous employment,on the anniversary of their date of hire,up to a maximum of 20 days of vacation time after ten(10)years of service. No employee shall be entitled to more than four(4)weeks of vacation time,regardless of the total years of service with the Town and will be pro-rated in accordance with their regularly scheduled total weekly hours. Vacation leave is not awarded to part-time, fractional,or seasonal employees. (3)Permanent part-tune employees shall be entitled to vacation leave as follows: An employee with five (5)years of continuous employment with the Town shall be entitled to three(3)weeks of vacation time,and to earn one additional day of vacation time each full year of continuous employment,on the anniversary of their date of hire,up to a maximum of 20 days of vacation time after ten(10)years of service. No employee shall be entitled to more than four(4)weeks of vacation time,regardless of the total of years employed with the Town and will be pro-rated in accordance with their regularly scheduled total weekly hours. Vacation leave is not awarded to part-time,fractional or seasonal employees. 12. By replacing existing Section 24-11.E. (3)with the ('oliowing: E.(3)Permanent Part-time employees will accrue their annual vacation leave allotment on a pro-rata basis in accordance with their regularly scheduled weekly hours. 13. By replacing existing Section 24-12.A.(1)with the following: A.(1)Is incapacitated for the performance of their duties by non-occupational sickness or injury. 14. By replacing existing Section 24-12.A.(2)with the following: A.(2)Is required to give care and attendance to their spouse,child,parent,or other member of employee's immediate family or household who may have an injury or illness. 15. By deleting Section 24-12.A.(3)in its entirety. 16. By replacing existing Section 24-12.A.(4)b.with the following: A.(4)b. The Town reserves the right to request a statement from a licensed health care provider for any time missed due to the employee's own injury or illness. 17. By replacing existing Section 24-12.B. with the following: B. Each full-time employee shall accrue 15 days of sick leave each year,which shall be pro-rated in accordance with their regularly scheduled weekly hours. Sick leave shall be cumulative from year to year up to a limit of one hundred twenty(120)work days. An employee who has unused sick leave to their credit at the time their employment with the town is terminated shall not be paid for such leave. New employees must wait three(3)months to use sick leave. 18. By replacing existing Section 24-12-F.with the following: F. Each permanent part-time employee shall accrue 15 days of sick leave each year,which shall be pro-rated in accordance with their regularly scheduled weekly hours. Sick leave shall be cumulative from year to year up to a limit of one hundred twenty(120)work days. An employee who has unused sick leave to their credit at the time their employment with the town is terminated shall not be paid for such leave. New employees must wait three(3)months to use sick leave. 19. By replacing existing Section 24-12.D.with the following: D. The Department Head is authorized to approve or disapprove sick leave. An employee who is absent from duty on account of illness or injury shall notify the person authorized to approve sick leave of the reason for their absence before or at the beginning of their scheduled tour of duty. Sick leave not in excess of three(3) consecutive work days will ordinarily be approved without a medical certificate from the employee's licensed health care provider. However,in those cases in excess of 3 consecutive work days,or that indicate excessive absence on account of sickness,or where there appears to be an abuse of the sick leave privilege, information from the employee's licensed health care provider may be required for any absence attributable to sickness, stating that the employee was unfit to perform their duty. In those cases when an employee's request for sick leave is not approved,the absence shall be considered to be unauthorized,and the employee shall receive no pay for the period of such absence. 7 20. By replacing existing Section 24-13.13.with the following: B. Whenever a full-time Police Officer or Firefighter is incapacitated for duty because of injury or illness sustained in the performance of duty without fault of Iris/her own,the employee shall make application under Massachusetts General Laws Chapter 41,Section I I IF for the benefits provided therein to the Town Administrator,and, if approved,he/she shall be granted leave without loss of pay for the period of that incapacity;provided that no such leave shall be granted for any period after such employee has been retired or pensioned in accordance with law or for any period after a licensed health care provider designated by the Town Administrator determines that such incapacity no longer exists. ,1 1� I , : I I 1, A. A full-time or permanent part-time employee called for jury duty shall be paid the difference between their employees shall be paid their regular wages for the first three days,or part thereof,of juror service as provided in G.L. c.234A. 22. By replacing existing Section 24-14.C. with the following: C. An employee who is required to appear in court as a defendant or a litigant,or who is required to appear as a witness in court under compulsory legal process,unless such appearance is on behalf of the Town,shall use any unused vacation time for such appearance. If no unused time is available,the employee may be granted leave without pay for such appearance. Use of sick leave is prohibited in these circumstances. 23. By replacing existing Section 24-15.A. with the following: A. See United States Department of La i at: www,.i .,/dol/siteindex.htm - for USERRA. All town employees will be governed to abide b. Inw. 24. By replacing existing Section 24-15.B. with the mg: B. See United States Department of Labor at: www.do1.gov/d„1 siteindex.htm-for USERRA. All town employees will be governed to abide by the law. 25. By replacing existing Section 24-16 with the billowing: 16. Full-time and permanent part-time employees may be granted up to three(3)consecutive working days of , time off,without loss of pay in the event of a death in their immediate families.Immediate family members shall include parents,brother,sister,spouse or domestic partner,child,father or mother-in-law, grandparent, sister or brother-in-law,son or daughter-in-law.Accrued vacation time may be used toward any additional time out required/necessary in excess of three(3)consecutive working days. Use of Bereavement leave and accrued vacation time are subject to the approval of the Department Head. 26. By replacing existing Section 24-17.A. with the following: A. See United States Department of Labor at: www.dol.gov/dol/siteindex.htm-for FMLA. 27. By replacing existing Section 24-17.B. with the following: B. See United States Department of Labor at: www.dol.gov/dol/siteindex.htm-for FMLA. 28. By replacing existing Section 24-17.C.with the following: C. See United States Department of Labor at: www.dol.poov/dol/siteindex.litm-for FMLA. Leaves of Absence will be governed by the FMLA. For non-FMLA leaves in excess of two weeks,requests must be approved by the Town Administrator and shall contain a detailed statement of the reason for the request. 29. By replacing existing Section 24-22 with the following: 22. Continuation of Benefits(COBRA)The Consolidated Omnibus Budget Reconciliation Act. See United States Department of Labor at: www.dol.gov/dol/siteindex.htm-for COBRA; or act in relation thereto. Proposed addition to Code of the Town of Newbury: Chapter 87 Stormwater Management ARTICLE 29. TO SEE IF THE TOWN WILL VOTE TO AMEND THE CODE OF THE TOWN OF NEWBURY TO ADD CHAPTER 87, STORMWATER MANAGEMENT AND ILLICIT DISCHARGE AND EROSION CONTROL AS FOLLOWS: 8 367 Chapter 87 STORMWATER MANAGEMENT AND ILLICIT DISCHARGE AND EROSION CONTROL (1)PURPOSE Regulation of activities that result in the disturbance of land and the creation of stormwater runoff is necessary for the protection of the Town of Newbury to safeguard the health, safety, and welfare of the general public and protect the natural resources of the Town of Newbury, including the water bodies and groundwater. The purpose of this By-Law is to prevent or diminish these impacts by controlling runoff and preventing soil erosion and sedimentation resulting from site construction and development and to provide compliance with Newbuuy's NPDES Permit Number: MAR041212/MA DEP Transmittal Number: W 040791. (a) The harmful impacts of soil erosion and sedimentation are: 01) impairment of water quality and flow into lakes, ponds, streams, rivers, coastal and I marine waters and estuaries(314 CMR 4.00),wetlands and groundwater; 02) contamination of drinking water supplies; 03) alteration or destruction of aquatic and wildlife habitat; 04) flooding; and 05) overloading or clogging of municipal catch basins and stormwater drainage systems. (b) The objectives of this By-Law are: 01) to prevent pollutants from entering the Town of Newbury municipal separate storm sewer system(MS4)and to minimize discharge of pollutants from the MS4; 02) to protect water resources; 03) to prohibit illicit connections and unauthorized discharges to the MS4; 04) to require the removal of all such illicit connections; 05) to require practices that control the flow of stormwater from new and redeveloped sites into the Town of Newbury's MS4 in order to prevent flooding and erosion; 06) to ensure that soil erosion and sedimentation control measures and stormwater runoff control practices are incorporated into the site planning and design process and are implemented and maintained; 07) to require practices that control wastes such as concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality; 08) to require that new development, redevelopment, and all land conversion activities maintain runoff characteristics equal to or less than predevelopment runoff characteristics; provide groundwater recharge; reduce flooding, stream bank erosion, siltation, nonpoint source pollution and property damage; and maintain the integrity of streams, channels and aquatic and wildlife habitats; 09) to require site designs that minimize non-point source pollution from stormwater runoff which would otherwise degrade water quality; 10) to require site designs that incorporate "low-impact development" (LID) practices for the construction and use of structural stormwater control facilities that can be used to meet minimum construction/alteration and post-development stormwater management, stormwater site design practices or LID practices, such as reducing impervious cover and the preservation of open space and other natural areas, to the maximum extent practicable; 9 11) to require construction/alteration and post-development storm water management standards and design criteria for the regulation and control of stormwater runoff quality and quantity; 12) to require provisions for the long-term responsibility and maintenance of structural stormwater control facilities and nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety; 13) to comply with state and federal statutes and regulations relating to stormwater ' discharges; 14) to establish the Town of Newbury as the legal authority to ensure and enforce compliance with the provisions of this By-Law through inspection, monitoring, and enforcement; 15) to establish decision-making processes relative to the land-disturbing development activities that protect the integrity of all surface and groundwaters, promote groundwater recharge and preserve the health of wetland and water resources; and 16) to establish provisions that ensure that there is an adequate funding mechanism, including surety, for the proper review, inspection, and long-term maintenance of stormwater facilities implemented as part of this By-Law. (2) DEFINITIONS ABUTTER: The owner(s) of land abutting the activity. AGRICULTURE: The normal maintenance or improvement of land in agricultural or aqua-cultural use, as defined by the Massachusetts Wetlands Protection Act G.L. c. 131, § 40, and its implementing regulations. , ALTERATION OF LAND: An activity on an area of land that changes the water quality, force, direction, timing or location of runoff flowing from the area. Such changes include: change from distributed runoff to confined, discrete discharge; change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater in the area. APPLICANT: Any person, individual, partnership, association, firm, company, corporation, trust, authority, agency, department or political subdivision of the Commonwealth or the Federal government, to the extent permitted by law,requesting a soil erosion and sediment control permit for proposed land-disturbance activity. AUTHORIZED ENFORCEMENT AGENCY: The Planning Board, its employees or agents designated to enforce this By-Law. BEST MANAGEMENT PRACTICE (BMP): An activity, procedure, restraint, or structural improvement that is recognized to be the most effective and practical means to reduce the quantity or improve the quality of stormwater runoff. COASTAL: The Atlantic Ocean and all contiguous saline bays, inlets, and harbors within the jurisdiction of the Commonwealth, including areas where fresh and salt waters mix and tidal effects are evident, or any partially enclosed body of water where the tide meets the current of a stream or river(314 CMR 10.0). CONSTRUCTION AND WASTE MATERIALS: Excess or discarded building or site materials, , including but not limited to concrete truck washout, chemicals, litter and sanitary waste at a construction site that may adversely impact water quality. CLEARING: Any activity that removes the vegetative surface cover, including, but not limited to, grubbing. DEVELOPMENT: The modification of land to accommodate a new use or expansion of use, usually involving construction. DISTURBANCE OF LAND: Any action that causes a change in the position, location, or arrangement of soil, sand,rock, gravel,or similar earth material. 10 ENFORCEMENT OFFICER: Town's authorized agent to enforce construction and post construction stormwater run-off controls as specified in the Stormwater Management Rules and Regulations. EROSION: The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles. EROSION AND SEDIMENT CONTROL PLAN: A document containing narrative, drawings, and details which includes BMP's, or equivalent measures designed to control surface runoff, erosion and sedimentation during pre-construction and construction related land disturbances. The plan is required as part of the application for a Stormwater Management Permit. GRADING: Changing the level or shape of the ground surface. GRUBBING: The act of clearing land surface by digging up roots and stumps. ILLICIT CONNECTION: A surface or subsurface drain or conveyance, which allows an illicit discharge into the municipal storm drainage system, including without limitation sewage, process wastewater, or wash water and any connections from indoor drains, sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this By-Law. ILLICIT DISCHARGE: Direct or indirect discharge to the municipal storm drainage system, that is not composed entirely of stormwater, except as exempted in §87-4 (d). The term does not include a discharge in compliance with a NPDES Stormwater Discharge Permit or a Surface Water Discharge Permit, or resulting from fire fighting activities exempted pursuant to §87-4 (d). IMPERVIOUS SURFACE: Any material or structure on or above the ground that prevents water infiltrating the underlying soil. Impervious surface includes without limitation roads, paved parking lots, sidewalks, and roof tops. Impervious surface also includes soils, gravel driveways, and similar surfaces with a high runoff coefficient(Rational Method), as determined by the Planning Board. LAND-DISTURBING ACTIVITY: Any activity that causes a change in the position or location of soil,sand,rock, gravel, or similar earth material. LOW IMPACT DEVELOPMENT (LID): A Stormwater Management approach and set of practices incorporated into development or redevelopment designs to reduce runoff and pollutant loadings in the runoff as close to its source(s) as possible that protect downstream resources from adverse degradation while minimizing the extent of clearing and maximizing groundwater recharge. MASSACHUSETTS ENDANGERED SPECIES ACT: (G.L. c. 131A) and its implementing regulations at (321 CMR 10.00) that prohibit the "taking" of any rare plant or animal species listed as Endangered,Threatened, or of Special Concern. MASSACHUSETTS STORMWATER MANAGEMENT REGULATIONS: The Regulations as contained within the Massachusetts Wetlands Protection Regulations (310 CMR 10.00) and Massachusetts 401 Water Quality Certificate Regulations (314 CMR 9.00). MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or municipal storm drain system: The various systems of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Newbury. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PERMIT FOR DISCHARGES FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES: Permit required by the EPA for construction activities that disturb one acre or more of land, either by itself or as part of a larger development. Permit requires a Notice of Intent (NOI) to be submitted to the EPA and the development of a Stormwater Pollution Prevention Plan (SWPPP). NPDES PHASE H REGULATED AREA: The area within Newbury identified by the U.S. Environmental Protection Agency as "Designated MS4 Area" under the NPDES Phase II Stormwater Program. See map entitled, "NPDES Phase 11 Stormwater Program Automatically Designated MS4 Areas,Newbury, Massachusetts"as may be amended. 11 370 NON-POINT SOURCE (NPS) POLLUTION: Pollution of surface or groundwater supplies originating from land use activities and/or the atmosphere,having no well-defined point of entry. OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed. OUTFALL: The point at which stormwater flows from a discernible, confined and discrete point , source into waters of the Commonwealth. OWNER: A person with a legal or equitable interest in property. PERSON: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer,employee, or agent of such person. POINT SOURCE: Any discernible, confined, and discrete conveyance, including,but not limited to, any pipe, ditch, charnel,tunnel, conduit;well, discrete fissure, or container from which pollutants are or may be discharged. POLLUTANT: Any element or property of sewage, agricultural, industrial, or commercial waste, runoff, leachate,heated effluent, or other matter in whatever form,and whether originating at a point or introduced into any sewerage system, treatment works, wetlands or waters of the Commonwealth. PRE-CONSTRUCTION: All activity in preparation for construction. PRIORITY HABITATS AND ESTID'IATED HABITATS AND CERTIFIED VERNAL POOLS: Estimated habitats delineated for state-protected rare wildlife and certified vernal pools for use with the Wetlands Protection Act Regulations (c. 310 CMR 10.00), Priority Habitats, for use with the MA Endangered Species Act Regulations (c. 321 CMR 10.00) and the Forest Cutting Practices Act Regulations (304 CMR 11.00). REDEVELOPMENT: Development, rehabilitation, expansion, demolition or phased projects that ' disturb the ground surface or increase the impervious area on previously developed sites. RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface. SEDIMENT: Mineral or organic soil material that is transported by wind or water from its origin to another location; the product of erosion processes. SEDIMENTATION: The process or act of deposition of sediment. SITE: Any lot, parcel of land, or area of property where land-disturbing activities are, were, or will be performed. SLOPE: The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance. SOIL: Any earth, sand,rock, gravel, or similar material. STABILIZATION: The use, singly or in combination, of mechanical, structural, or vegetative methods to prevent or retard erosion. STORMWATER: Rainfall runoff, snow melt runoff, and surface water runoff and drainage. STORMWATER MANAGEMENT PERMIT (SMP): A permit issued by the Planning Board, , after review of an application, plans, calculations, and other supporting documents designed to protect the environment of the Town from the deleterious affects of uncontrolled and untreated stormwater runoff. STORMWATER MANAGEMENT PLAN: A plan required as part of the application for a Stormwater Management Permit. A document containing narrative, drawings and details that include best management practices, or equivalent measures designed to control surface runoff, erosion and sedimentation and illicit connections during pre-construction and construction related land disturbance activities. I 12 STRIP: Any activity which removes the vegetative ground surface cover, including tree removal, clearing, grubbing, and storage or removal of topsoil. TOTAL SUSPENDED SOLIDS (TSS): Material, including, but not limited to, silts, sediments and particulates suspended in stormwater runoff. VERNAL POOL: A confined basin depression which, at least in most years, holds water for a minimum of two continuous months during the spring and/or summer, and which are free of adult fish populations. These areas are essential breeding habitat, and provide other extremely important wildlife habitat functions during non-breeding season as well, for a variety of amphibian species such as wood frog (Rana sylvatica) and the spotted salamander (Ambystoma macultum), and are important habitat for other wildlife species. WATERCOURSE: A natural or man-man channel through which water flows, including a river, brook, stream,underground stream,pond or lake. WATER QUALITY: Systematic application of standards to describe water pursuant to the Massachusetts Surface Water Quality Standards(314 CMR 4.00). WETLAND RESOURCE AREA: Area specified in the Massachusetts Wetlands Protection Act G.L. c. 131, § 40 and the Town's Wetlands By-Law(Chapter 95). (3) AUTHORITY (a) This By-Law is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34 (b) Nothing in this By-Law is intended to replace the requirements of any other By-Law that has been or may be adopted by the Town of Newbury. (4) APPLICABILITY (a) This By-Law shall apply to all activities that result in the alteration or disturbance of one or more acres of land that drain to the Town of Newbury's MS4. Except as authorized by the Planning Board in a Stormwater Management Permit or as otherwise provided in this By- Law, no person shall perform any activity that results in disturbance of an acre or more of land. (b) In addition, as authorized in the Phase 11 Small MS4 General Permit for Massachusetts, storm water discharges resulting from the above activities that are subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Regulations as reflected in a final Order of Conditions issued by the Conservation Commission or the Department of Environmental Protection are exempt from compliance with this By-Law. (c) No person may alter or disturb any land equal to or greater than one acre, or less than one acre that is part of a larger common plan of development or sale, that will ultimately alter or disturb any land equal to or greater than one acre that drains into the Town of Newbury MS4 without a Stonnwater Management Permit from the Planning Board. (d) Construction activities that are exempt are: 01) Nornlal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulations 310 CMR 10.04 and MGL Chapter 40A, section 3; 02) Maintenance of existing landscaping, gardens, or lawn areas associated with a single family dwelling provided such maintenance does not include the addition of more that 100 cubic yards of soil material, or alteration of drainage patterns; 03) The construction of fencing that will not substantially alter existing terrain or drainage patterns; 04) Normal maintenance of Town owned public land, ways, and appurtenances, including minor road repair, emergency repairs to any stormwater management 13 facility or practice that poses a threat to public health or safety, or further maintenance activities as deemed necessary by the Planning Board. 05) Activities that are subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Regulations as reflected in an Order of Conditions issued by the Conservation Commission; 06) Water line flushing; 07) Construction activities that receive a waiver from EPA under the provisions of 40 , CFR §122.26 (b) (15) (i) as included in Newbury's NPDES Permit identified above in (1)Purpose. 08) Construction of utilities other than drainage(e.g. gas,water, electric,telephone, etc.) which will not alter terrain or drainage patterns; 09) Emergency work to protect life, limb, or property. (5) ADMINISTRATION (a) The Planning Board shall administer, implement and enforce this By-Law. Any powers granted to, or duties imposed upon, the Planning Board may be delegated in writing by the Planning Board or its authorized agent to such individual or individuals as the Board or its agent may, from time to time, deem appropriate. (b) Waiver. The Planning Board may waive strict compliance with any requirement of this By- Law or the rules and regulations promulgated hereunder, where such action: 01) is allowed by federal, state and local statutes and/or regulations; 02) is deemed to be in the public interest; and 03) is consistent with the purpose and intent of tl>is By-Law. , (c) Public Hearing. The Planning Board shall hold a public hearing within sixty-five (65) days of the receipt of a complete application and shall take final action within ninety (90) days from the time of the close of the hearing unless such time is extended by agreement between the applicant and the Permit Authority. Notice of the public hearing shall be given by publication and posting and by certified mail or certificates of mailing at the Applicant's expense to abutters at least fourteen(14) days prior to the hearing. The Planning Board shall make the application available for inspection by the public during business hours at the Newbury Town Hall. (d) Information requests. The applicant shall submit all additional information requested by the Planning Board to issue a decision on the application. (e) The Planning Board may; 01) Approve the SMP (Stormwater Management Permit)Application and issue a permit if it finds that the proposed plan will protect water resources and meets the objectives and requirements of this By-Law; 02) Approve the Stormwater Management Permit Application and issue a permit with conditions, modifications or restrictions that the Planning Board determines are required to ensure that the project will protect water resources and meets the objectives and requirements of this By-Law; , 03) Disapprove the Stormwater Management Permit Application and deny the permit if it finds that the proposed plan will not protect water resources or fails to meet the objectives and requirements of this By-Law. (f) Failure of the Planning Board to take final action. Failure of the Planning Board to take final action upon an Application within the time specified above shall be deemed to be approval of said Application. Upon certification by the Town Clerk that the allowed time has passed without the Planning Board's action, the Stormwater Management Permit shall be issued by the Town Clerk. 14 373 (6) RULES AND REGULATIONS (a) The Planning Board shall adopt, and periodically amend rules and regulations to effectuate the purposes of this By-Law. Failure by the Planning Board to promulgate such rules and regulations shall not have the effect of suspending or invalidating this By-Law. Tile Rules and Regulations shall include, at a minimum, Permits and Procedural Requirements; Stormwater Management Plan Requirements; Operation and Maintenance Plan Requirements,etc. (7) FEE STRUCTURE (a) Fees: Stormwater Management review fees shall be governed and set by the Planning Board and shall be assessed to the owner and/or the applicant. Such fees may include a deposit for review by a consultant selected by the Town. The amount of fees shall be as listed in the Stormwater Management Rules and Regulations and administered in accordance with § 117- 46 through § 117-49 of the Town's Regulations for the Subdivision of Land. (8) ENFORCEMENT (a) The Planning Board or its authorized agent shall enforce this By-Law, regulations, orders, violation notices, and enforcement orders,and may pursue all civil and criminal remedies for such violations, in accordance with the regulations. (b) Any person violating any provision of this By-Law may be fined $300.00 for each offense. Each day such violation continues shall constitute a separate offense. Fines may be levied pursuant to G.L. c. 40, § 21, or, in the alternative, the Planning Board, its authorized agents, police officers, or any other person having police powers, may impose such specified penalties pursuant to the non-criminal disposition provisions set forth in G.L. c.40, § 21D. (9) SEVERABILITY (a) If any provision, paragraph, sentence, or clause of this By-Law shall be held invalid for any reason,all other provisions shall continue in full force and effect. Appendix A NPDES Phase Il Stormwater Program Automatically Designated MS4 Areas,Newbury, Massachusetts Map Created: I I/19/02;US EPA—New England GIS Center OR ACT IN RELATION THERETO. ARTICLE 30. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS, ARTICLES II, III, AND VI, TO ADD PROVISIONS FOR A NEW USE DISTRICT,THE UPPER GREEN BUSINESS DISTRICT, AS FOLLOWS: 1. Insert in Article R, §97-2.B.(2)Written Description of Use Districts: (h) Upper Green Business: An area to the east and north of the Upper Green on High Road encompassing Lots 1, 2, 3, 31, 34, 48, and 49 on Assessors' Map U-06 and Lot 42 on Assessors' Map U-07 and as shown on the Town of Newbury Zoning Map as amended. 2. Insert in Article III, §97-3. Regulations of Use Districts: J. Upper Green Business. (1) Allowed Uses: (a) Town building; (b) Single and two family residences; 15 (c) 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, gift, stationery, or antiques shop or photographer's studio; (d) 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; (e) Indoor eating establishment; , (f) Bank or similar financial institution; (g) Real estate,professional or similar offices; (h) Roadside stand for sale of principally local farm produce; (i) Theater,craft shop,or other arts related business; 0) Religious or educational establishment; (k) Child day care center or school-aged child care program; (1) Home occupations as provided for in § 97-1OC; (m) Mixed use structures. (2) Prohibited uses: (a) 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; (b) Kiosks and similarly sized service booths and detached structures, machines, or booths, the sole purpose of which is to dispense or provide products, services, or entertainment, including, but not limited to financial information or transaction services; (c) Drive-in retail establishments regularly serving food or dispensing merchandise from inside a building to persons seated in their automobiles on the premises; (d) 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); (e) Outdoor storage of fuel supplies and fuel products; (f) Public parking garage or storage of commercial vehicles and used car sales and/or used car storage. (3) Uses by Special Permit: (a) Bed &Breakfast establishments as provided for in §97-5B. (b) Multi-family dwellings,up to a limit of four units. , (4) Other District Specific Applicable Regulations: (a) Building materials and style shall be in keeping with the historic and rural character of the area. Dumpsters and other storage shall be fenced or otherwise out of view; (b) The surrounding area shall be protected from the proposed use on the site by provision of adequate surface water drainage, buffers against light, sight, sound, 16 vibration, odors, dust and other air pollution and the preservation of adequate light and air; (c) The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas and public ways shall be provided for; (d) Environmental features of the site and surrounding areas shall be protected; (e) The site plan shall be consistent with the Master Plan; (f) The proposed building scale and/or site development plan is consistent with the surrounding neighborhood; (g) All signs shall be in accordance with the sign regulations for the pertinent district and materials used shall be in keeping with the historic character and public spaces of the Upper Green; (h) All variances or special permits required from the Board of Appeals have been granted; (i) These regulations are intended to preserve the historical and rural character of the area while allowing business enterprises that serve the needs of the local residents. (j) Notwithstanding the above, regulation of uses and structures referred to in G.L. c. 40A, § 3 (exemptions from zoning) shall be limited to the extent allowed under said section of the General Laws. 3. Insert in Article VI, §97-6.B.Table of Dimensional Requirements: UGB, Lot area — 20,000' s.f. , frontage — 100 feet, Property Line Setback — 10 feet, Street Setback—20 feet,Footprint—no limitation,Maximum Lot Coverage—25%, Height—35 feet. OR ACT IN RELATION THERETO. ARTICLE 31. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS, ARTICLE X, GENERAL REGULATIONS,TO ADD SECTION 97-10.E. SMALL WIND ENERGY SYSTEMS,AS FOLLOWS: §97-10.E. Small Wind Energy Systems. (1) Purpose: To provide for the constriction and use of small wind energy systems (SWES) as an alternative energy source to reduce or eliminate the on-site consumption of utility- supplied electricity. (2) Applicability: This section applies to small wind energy systems no greater than 60 kilowatts of rated nameplate capacity constructed as accessory use to the primary use of a property and intended to utilize energy from the wind to provide power to the primary use or a use accessory thereto. (3) Permitted Use: SWES shall be permitted for the applications stated above,provided that they meet the following requirements: (a) Freestanding SWES Height: 120 feet maximum. (b) Rooftop SWES Height: 120 feet maximum, including the height of the structure to which it is attached. (c) Setback: Each wind energy system and its associated equipment shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, to ensure public safety and to protect the interests of neighboring property owners, a wind turbine shall not be erected nearer to any property line than a distance equal to the height of the wind turbine plus an additional ten feet. (d) Noise: SWES shall conform to the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10) A source 17 ;7 6 of sound will be considered to be in violation of the Department's noise regulation if the source: O1) Increases the broadband sound level by more than 3 dB(A)above ambient, or 02) Produces a"pure tone"condition—when any octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more. These criteria are measured both at the property line and at the nearest off site , inhabited residence. Ambient is defined as the background A-weighted sound level that is exceeded 90% of the time. (e) Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall be limited to that which is necessary, for the construction,operation and maintenance of the Wind Energy Conversion System and is otherwise prescribed by applicable laws,regulations, and By-Laws. (f) Color and Finish: SWES shall remain painted or finished in the non-reflective, solid,neutral color that was originally applied by the manufacturer. (g) Lighting and Signage: 01) Wind turbines shall be lighted only to the extent required by the Federal Aviation Authority(FAA). Lighting of other parts of the Wind Energy Conversion System, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. 02) Signs shall be limited to the manufacturer's "nameplate" and signage needed to identify the property, owner and warn of any danger. Otherwise, all signs shall comply with the requirements of the Town of Newbury's Sign Regulations, §97-8. , (h) Shadowing and Flicker: Small Wind Energy Systems shall be sited in a manner that minimizes shadowing or flicker impacts on abutting properties. (i) Tower and Foundation Design: The design of the tower and any supporting foundations shall be certified by a Professional Structural Engineer registered in the Commonwealth of Massachusetts to be in conformance with the Massachusetts State Building Code (780 CMR).' (j) Compliance with FAA Regulations: SWES shall comply with all applicable FAA regulations,including any necessary approvals for installations close to airports. (k) Unauthorized Access: SWES and appurtenant structures shall be designed and constructed to prevent unauthorized access to entry and/or climbing. (1) Maintenance: The property owner shall maintain the SWES in good condition. Maintenance shall include,but is not limited to, painting, structural repairs, and integrity of security measures. (m) Abandonment or Decommissioning: Any above ground components of a SWES which has reached the end of its useful life or has been abandoned or is being decommissioned shall be removed and the site on which it is located shall be returned to the same state it was prior to installation of the SWES. A SWES shall be considered to be abandoned when it fails to operate for one year. Upon a Notice of Abandonment issued by the Building Inspector, the SWES owner will have 30 days to provide sufficient evidence that the system has not been abandoned. If sufficient evidence is not provided, the Town of Newbury shall have the authority to enter the owner's property and remove the system at the owner's expense. (n) Secondary Uses: No part of any SWES shall be used for any purpose than the one for which it was designed, e.g. advertising, cellular antennas, etc. 18 377 (o) Compliance with Laws,By-Laws, and Regulations: The construction and operation of all such proposed SWES shall be consistent with all applicable local, state and federal requirements,including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements. (4) Permit Requirements: A building permit shall be required for the installation of a SWES. The building permit application shall be accompanied by deliverables including the following. (a) A plot plan showing: 01) Property lines and physical dimensions of the subject property within two times the total height from the tower location; 02) Location, dimensions, and types of existing major structures on the property within two times the total height from the tower location; 03) Location of the proposed wind system tower, foundations, guy anchors and associated equipment; 04) The right-of-way of any public road that is contiguous with the property; 05) Any overhead utility lines. (b) Wind system specifications, including manufacturer and model,rotor diameter, tower height,tower type(freestanding or guyed). (c) Tower foundation blueprints or'drawings signed by a Professional Structural Engineer licensed to practice in the Commonwealth of Massachusetts. (5) Permit Expiration: A permit issued pursuant to this By-Law shall expire if: (a) The SWES is not installed and functioning within 36 months from the date the permit is issued, or (b) The SWES is abandoned. OR ACT IN RELATION THERETO. ARTICLE 32. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS,ARTICLE V—SPECIAL PERMITS GENERAL, BY ADDING §97-5.E. LARGE WIND ENERGY FACILITIES,AS FOLLOWS: §97-5.E. Large Wind Energy Facilities. (1) Purpose. The purpose of this Article is to provide by special permit for the construction and operation of on-site and utility-scale wind facilities and to provide standards for the placement, design, construction, monitoring,modification and removal of wind facilities that address public safety, give consideration to impacts on scenic,natural and historic resources of the town and provide adequate financial assurance for decommissioning. (2) Applicability: This section applies to wind energy facilities greater than 60 kilowatts of rated name plate capacity. It does not apply to small wind energy systems that fall under the requirements of§97-10.E. Small Wind Energy Systems of Newbury's zoning by-laws. (3) General Requirements: (a) Special Permit Granting Authority: The Planning Board is hereby established as the Special Permit Granting Authority (SPGA)for the issuance of special permits to construct and operate wind facilities. No wind facility shall be erected, constructed, installed or modified as provided in this section without first obtaining a permit from the SPGA. The constriction of a wind facility shall be permitted in any zoning district subject to the issuance of a Special Permit and provided that the use complies with all requirements set forth in Sections 3,4, 5 and 6 herein. All such 19 378 wind facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts.No special permit shall be granted unless the SPGA finds in writing that: (i) the proposed use is in harmony with the purpose and intent of this By-Law; (ii) the proposed location is appropriate on the site; (iii) the use will be sited,designed, and operated in a manner that adequately addresses the potential impacts to the neighborhood and the community; (iv) the use will not pose a significant adverse impact to the health or public , safety of the neighborhood and the surrounding area; and (v) there is not expected to be any significant hazard to pedestrians or vehicles from the use. Wind monitoring or meteorological towers shall be permitted in all zoning districts subject to issuance of a building permit for a temporary structure and subject to reasonable regulations concerning the bulk and height of strictures and determining yard-size,lot area, setbacks, open space,parking, and building coverage requirements (b) Compliance with Laws, By-laws and Regulations: The construction and operation of all such proposed wind facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements. (c) Proof of Liability Insurance: The applicant shall be required to provide evidence of liability insurance in an amount and fora duration sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility as determined by the SPGA (d) Site Control: At the time of its application for a special permit,the applicant shall submit documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Documentation shall also include proof of control over setback areas and access roads, if required. Control , shall mean the legal authority to prevent the use or construction of any structure for human habitation within the setback areas. (4) General Siting Standards: (a) Height: Wind facilities shall be no higher than 400 feet above the current grade of the land,provided that wind facilities may exceed 400 feet if: (i) the applicant demonstrates by substantial evidence that such height reflects industry standards for a similarly sited wind facility; (ii) such excess height is necessary to prevent financial hardship to the applicant (iii) the additional benefits of the higher tower outweigh any increased adverse impacts; and (iv) the facility satisfies all other criteria for the granting of a special permit under the provisions of this section. (b) Setbacks: (i) The minimum distance from the base of any wind turbine tower to any property line and private or public way shall be 1.5 times the overall blade tip height of the wind turbine. (5) Design Standards: (a) Visual Impact. The proponent shall demonstrate through project siting and , proposed mitigation that the wind facility adequately addresses impacts on the visual character of surrounding neighborhoods and the community. This may include,but not be limited to, information regarding site selection,turbine design,buffering, lighting and cable layout. (b) Color and Finish: The wind facility shall be a neutral,non-reflective exterior color designed to blend with the surrounding environment. (c) Lighting: 20 (i) Wind turbines shall be lighted only if required by the Federal Aviation Administration(FAA). The proponent shall provide a copy of the FAA's determination to establish the required markings and/or lights for the structure. (ii) Lighting of other parts of the wind facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. (d) Signage: Signs on the wind facility shall comply with the requirements of the Town's sign regulations, and shall be limited to: (i) Those necessary to identify the property and the owner,provide a 24-hour emergency contact phone number, and warn of any danger. (ii) Educational signs providing information about the facility and the benefits of renewable energy. (iii) All signs shall comply with the plans approved and incorporated by reference in the special pen-nit granted under this section. (e) Advertising: Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility. (f) Utility Connections: Reasonable efforts shall be made to locate utility connections from the wind facility underground,depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider. (g) Appurtenant Structures: All appurtenant structures to such wind facilities shall be subject to regulations concerning the bulk and height of structures and determining yard sizes,lot area, setbacks, open space,parking and building coverage requirements.All such appurtenant structures,including but not limited to, equipment shelters,storage facilities,transfonners,and substations, shall be architecturally compatible with each other and shall be contained within the turbine tower whenever technically and economically feasible. Structures shall only be used for housing of equipment for this particular site. To the extent practicable, structures should be shielded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts. (h) Support Towers: Monopole towers are the only allowable form of support for the Wind Energy Facilities. (6) Safety, Aesthetic and Environmental Standards: (a) Emergency Services: The applicant shall provide a copy of the project suns nary and site plan to the local fire and police departments,as designated by the SPGA. Upon request the applicant shall cooperate with local police and fire in developing an emergency response plan. (b) Unauthorized Access: Wind turbines or other structures part of a wind facility shall be designed to prevent unauthorized access. (c) Wetlands: Wind facility shall be located in a manner consistent with all applicable local and state wetland regulations. (d) Stormwater: Stonnwater run-off and erosion control shall be managed in a manner consistent with applicable state and local regulations. (e) Shadow/Flicker: Wind facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant must demonstrate that this effect will not have any significant adverse impact on neighboring or adjacent uses through either siting or mitigation. (f) Noise: Wind Energy Facilities and associated equipment shall conform to the provisions of the Department of Environmental Protection's,Division of Air Quality Noise Regulations(310 CMR 7.10). A source of sound will be considered to be in violation of these regulations if the source: 21 i 191 (i) Increases the broadband sound level by more than 3 dB(A) above ambient, or (ii) Produces a"pure tone"condition—when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more. These criteria are measured both at the property line and at the nearest inhabited off-site residence. Ambient is defined as the background A- weighted sound level that is exceeded 90% of the time. (g) Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation , shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and is otherwise prescribed by applicable laws, regulations, and by-laws. (h) Hazardous Materials: No hazardous materials or waste shall be discharged on the site of any wind facility. If any hazardous materials or wastes are to be used on site, there shall be provisions for full containment of such materials or waste. An enclosed containment area,designed to contain at least 110 percent of the volume of the hazardous materials or waste stored or used on the site may be required to meet this requirement. (7) Monitoring and Maintenance (a) Facility Conditions: The applicant shall maintain the wind facility in good condition. Maintenance shall include,but not be limited to,painting, structural repairs, and integrity of security treasures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services.The project owner shall be responsible for the cost of maintaining the wind facility and any access road, unless accepted as a public way, and the cost of repairing any damage occurring as a result of operation and construction. (b) Modifications: All material modifications to a wind facility made after issuance of , the special permit shall require approval by the SPGA as provided in this section. (c) Contact Person: The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project. (d) Change of Ownership: Notice shall be provided to the Town of any change in ownership of the facility. (8) Abandonment or Decommissioning (a) Removal Requirements: Any above ground components of a wind energy facility which has reached the end of its useful life or has been abandoned shall be removed. When the wind energy facility is scheduled to be decommissioned, the applicant shall notify the Town by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the wind facility no more than 150 days after the date of discontinued operations. At the time of removal, the wind facility site shall be restored to the state it was in before the facility was constructed or any other legally authorized use.More specifically, decommissioning shall consist of: (i) Physical removal of all above-ground components from the site, including, but not limited to,wind turbines, structures,equipment, security barriers and transmission lines. , (ii) Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations. (iii) Stabilization or re-vegetation of the site as necessary to minimize erosion. The SPGA may allow the owner to leave landscaping or designated below- grade foundations in order to nunimize erosion and disruption to vegetation. (b) Abandonment: Absent notice of a proposed date of decommissioning, the wind facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the SPGA.The SPGA shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the applicant fails to remove the wind facility in 22 381 accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning,the Town shall have the authority to enter the property and physically remove the facility. (c) Financial Surety: The SPGA shall require the applicant for large wind energy facilities to provide a form of surety, either through escrow account,bond or otherwise,to cover the cost of removal in the event the town must remove the facility,of an amount and form determined to be reasonable by the SPGA,but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the SPGA. Such surety will not be required for municipally or state-owned facilities.The applicant shall submit a fully inclusive estimate of the costs associated with removal,prepared by a qualified engineer.The amount shall include a mechanism for Cost of Living Adjustment. (9) Application Process&Requirements (a) Application Procedures (i) General: The application for a wind energy facility shall be filed in accordance with the rules and regulations of the SPGA concerning special permits. (ii) Application: Each application for a special permit shall be filed by the applicant with the city or town clerk pursuant to Section 9 of Chapter 40A of the Massachusetts General Laws. (b) Required Documents (i) General: The applicant shall provide the SPGA with 9 copies of the application. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. Included in the application shall be: a) Name, address,phone number and original signature of the applicant and any co-applicants. Co-applicants may include the landowner of the subject property or the operator of the wind facility. b) If the applicant or co-applicant will be represented by an agent,the name, address, and telephone number of the agent,as well as a written document with original signature of the applicant and co- applicant(s)authorizing the agent to represent them; c) Documentation of the legal right to use the wind facility site, including the requirements set forth in(9)(c)(ii)(a) of this section. (c) Siting and Design: The applicant shall provide the SPGA with a description of the property which shall include: (i) Location Map: Copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000,showing the proposed facility site,including turbine sites, and the area within at least two miles from the facility.Zoning district designation for the subject parcel should be included;however a copy of a zoning map with the parcel identified is suitable. (ii) Site Plan: A one inch equals 40 feet plan of the proposed wind facility site, with contour intervals of no more than 10 feet, signed and sealed by a Registered Professional Engineer or Licensed Land Surveyor showing the following: a) Street address and tax snap and parcel number of the subject property; b) Zoning district designation for the subject property; c) Property lines for the site parcel and adjacent parcels within 300 feet. d) Outline of all existing buildings, including purpose(e.g. residence, garage,etc.) on site parcel and all adjacent parcels within 500 feet. Include distances from the wind facility to each building shown. e) Location of all roads,public and private on the site parcel and adjacent parcels within 300 feet, and proposed roads or driveways, either temporary or permanent. 23 f) Existing areas of tree cover, including average height of trees, on the site parcel and adjacent parcels within 300 feet. g) Proposed location and design of wind facility, including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access, fencing, exterior lighting, etc. h) Location of viewpoints referenced below in 10.3.3 of this section. (iii) Visualizations: The SPGA shall select between three and six sight lines, including from the nearest building with a view of the wind facility, for pre- and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a 2-mile radius of the wind facility.View representations shall have the following characteristics: a) A sight-line representation shall be drawn from representative locations that show the lowest point of the turbine tower visible from each location. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening trees and buildings,both existing and proposed. There shall be at least two sight line representations illustrating the visibility of the facility from surrounding areas such as the closets habitable structures or nearby public roads or areas. b) Existing(before) condition photographs. A color photograph of the current view shall be submitted from at least two locations to show the existing situation. c) Proposed(after)condition. Each of the existing condition photographs shall have the proposed wind facility superimposed on it to accurately simulate the proposed wind facility when built and illustrate its total height, width, and breadth. d) Representations shall include a description of the technical procedures followed in producing the photographs and the visualization (distances,angles, lens, etc.). (d) Landscape Plan: A plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting, other than FAA lights, screening vegetation or structures. Lighting shall be designed to minimize glare on abutting properties and, except as required by the FAA, shall be directed downward with full cut-off fixtures to reduce light pollution. (e) Elevations: Siting elevations, or views at-grade from the north, south, east, and west for a 50-foot radius around the proposed wind facility. Elevations shall be at one quarter inch equals one foot and show the following: W Wind faciliy and, if applicable,the security barrier and associated equipment,with total elevation dimensions of all parts of the facility. (ii) Security barrier. If the security barrier will block views of the wind facility, the barrier drawing shall be cut away to show the view behind the barrier. (iii) Any and all structures on the subject property. (iv) Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned. (v) Grade changes,or cuts and fulls,to be shown as original grade and new grade line, with two-foot contours above mean sea level. (f) Materials: 0) Specifications for the proposed wind facility shall be provided for all , equipment and attendant facilities. (ii) Materials of the proposed wind facility specified by type and specific treatment. These shall be provided for the wind turbine tower and all other proposed equipment/facilities. (iii) Colors of the proposed wind facility represented by a color board showing actual colors proposed. (g) Lighting Plan: If lighting of the site or turbine is proposed(other than FAA lights), the applicant shall submit a manufacturer's computer-generated point-to-point printout, indicating the horizontal foot-candle levels at grade,within the property to 24 be developed and 25 feet beyond the property lines. The printout shall indicate the locations and types of luminaires proposed. (h) Noise Filing Requirements: The applicant shall provide a statement from a qualified acoustical engineer listing the existing noise levels and the maximum future projected noise levels from the proposed wind facility,measured in decibels,for the following: (i) Existing, or ambient: The measurement of existing noise at the property boundaries,building of abutters and nearest inhabited residence. (ii) Existing plus proposed wind facility: Maximum estimate of noise from the proposed wind facility plus existing noise environment. Such statement shall be certified and signed by a qualified engineer, stating that noise projections are accurate and meet the noise standards of this By-Law and applicable state requirements. (i) Operation&Maintenance Plan: The applicant shall submit a plan for maintenance of access roads and storm water controls,as well as general procedures for operational maintenance of the wind facility. (j) Compliance Documents: If required under previous sections of this By-Law, the applicant will provide with the application: (i) description of financial surety that satisfies 8(c) of this section, (ii) proof of liability insurance that satisfies Section 3(c)of this section, (iii) certification of height approval from the FAA, (iv) a statement that satisfies Section 6(f),listing existing and maximum projected noise levels from the wind facility. (k) Independent Consultants: Upon submission of an application for a special permit, the SPGA will be authorized to hire an outside technical expert/consultant to review and verify information presented by the applicant. The cost for such a technical expert/consultant will be at the expense of the applicant(s),pursuant to Massachusetts General Laws, Chapter 40A, Section 9, and Massachusetts General Laws, Chapter 44, Section 53G. OR ACT IN RELATION THERETO. ARTICLE 33. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS, ARTICLE XI,ADMINISTRATION,BY INSERTING THE FOLLOWING DEFINITIONS RELATED TO WIND ENERGY SYSTEMS AND WIND ENERGY FACILITIES IN SECTION 97-11.D.(2),WRITTEN DEFINITIONS, IN THEIR CORRECT LOCATION ALPHABETICALLY: §97-11.D.(2) Written Definitions. Flicker: Alternating light and shadow caused by sunlight passing through the moving rotor of a wind turbine. Height, Wind Turbine: The distance from the average grade at the base of the tower(or structure to which it is attached)to the tip of the rotor blade at its highest point,or blade-tip height. Nacelle: The frame and housing at the top of the tower that encloses the gearbox and generator and protects them from the weather. On-Site Wind Facility:A wind project which is located at a commercial, industrial, agricultural, institutional, or public facility that will consume more than 50%of the electricity generated annually by the project on-site. Rated Nameplate Capacity:The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a"nameplate"on the equipment. Rotor: The blades and hub of the wind turbine that rotate during turbine operation. 25 Substantial Evidence: Such evidence as a reasonable mind might accept as adequate to support a conclusion. Utility-Scale Wind Facility:A commercial wind facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets. Wind Energy Systeni/Wind Energy Facility: All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes,but is not limited to, transmission, storage,electrical collection and supply equipment, substations,transformers, service and access roads,and one or more wind turbines. Wind Monitoring or Meteorological(`test"or "met") Tower: A temporary tower equipped with anemometer,wind vane, and other equipment to measure wind speed and direction, used to determine how much wind power a site can be expected to generate. Wind Turbine: A single device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body and components, and rotor with two or more blades. OR ACT IN RELATION THERETO. ARTICLE 34. TO SEE IF THE TOWN WILL VOTE TO AMEND ITS ZONING BY-LAWS BY MOVING THE WORDING PERTAINING TO COMMON DRIVEWAYS PRESENTLY SET OUT IN ARTICLE VII, SECTION 97-7.D.TO ARTICLE V, SPECIAL PERMITS GENERAL, AS A NEW SECTION 97-5.D, OR ACT IN RELATION THERETO. ARTICLE 35. TO SEE IF THE TOWN WILL VOTE TO AMEND THE ZONING BY-LAWS BY REPLACING ARTICLE VII,PARKING AND COMMON DRIVEWAYS, WITH A NEW ARTICLE VII,PARKING,AS FOLLOWS: ARTICLE VII— PARKING § 97-7. Off Street Parking,Access, and Loading A. Purpose. The purpose of this Article is to establish standards ensuring the availability and safe use of parking areas. It is intended that any use of land involving the arrival, departure, or temporary storage of motor vehicles, and all structures and uses requiring the delivery or shipment of goods as part of their function,be designed and operated to: (1) Promote traffic safety by assuring adequate places for storing of motor vehicles off the street, and for their orderly access and egress to and from the public street; (2) Prevent the creation of surplus amounts of parking spaces contributing to unnecessary development and additional generation of vehicle trips, resulting in traffic congestion and traffic service level deterioration on roadways; (3) Reduce hazards to pedestrians and increase pedestrian connectivity between , and within sites; (4) Reduce unnecessary amounts of impervious surface areas from being created; (5) Protect adjoining lots and the general public from nuisances and hazards such as: a) noise, glare of headlights, dust and fumes resulting from the operation of motor vehicles; 26 t1 � J b) glare and heat from parking lots; and c) lack of visual relief fi-om expanses of paving. (6) Increase the mobility and safety for bicyclists; and (7) Reduce other negative impacts such as carbon output. B. Applicability. No building permit or certificate of occupancy shall be issued for the erection of a new building,the enlargement or increase in the net floor area of an existing building,the development of a use not located in a building, or the change from one type of use to another, unless off-street parking spaces, loading bays and bicycle parking are provided in accordance with this bylaw. (1) Exception: Where the net floor area of an existing single or two-family residence is increased,no change in existing parking will be required if the building inspector determines that the increase is minor and will not affect the parking requirement. C. Access (1) Driveways for single and two=family residences shall have a minimum width of 9 feet. (2) Driveways for all other uses shall have a minimum width of twelve (12) feet for one-way traffic, and eighteen(18) feet for two-way traffic, and shall meet the following requirements: (a) Clearance: Traveled way shall have a two(2) foot shoulder on each side,and the entire way shall be maintained clear of any obstructions (e.g.; light poles,mailboxes,trees and limbs, shrubs, etc.). (b) Grades: Centerline grade shall be no less than one(1)per cent nor greater than fifteen(15)percent,except that no grade change shall exceed ten(10)percent over a distance of twenty(20) feet. Side shoulder grade shall not exceed five (5)percent,and shall slope away from the traveled way to direct water to the sides. (c) Curves: Minimum centerline radius shall be not less than one hundred (100)feet. (d) Overhead Clearance: The space thirteen(13) feet,nine(9) inches above the driveway shall be maintained clear of wires,branches,or any other obstructions. D. Parking (1) One-and Two-Family Residential Parking (a) A minimum space'of eight(8);feet by eighteen(18) feet shall be provided for each vehicle. (b) Required minimum parking spaces: TYPE OFRESMENCE `MJNLMUM NUMBER OF SPACES One-&two-family 2 per dwelling unit Accessory apartment 1 per unit 1 Bed&Breakfast 1 per rental unit/guest room plus 2 spaces per dwelling unit , (c)For parking associated with developments requiring a special pennit, the Planning Board by special permit may reduce the minimum required number of parking spaces by a maximum of twenty-five(25%)percent, based on a determination that the specific style of development requires fewer spaces than otherwise required by the general standards set out above. 27 (2) General Parking (a) On site and off street parking and loading shall be provided in accordance with the table below, unless otherwise specified by special permit or elsewhere in this By-Law: GENERAL PARKING AND LOADING RE91JIREMEN'Y '` #st'r4,a 9 _r F'd USE' PARKING SPACES Minimum 4uiti3 � f Assembly: 0.3 per 1,000 s.f. Gross Floor See Note 3 below Area(GFA) unless otherwise noted(u.o.n.)' a) Restaurant,nightclub,banquet 0.3 per seat rated capacity, hall,meeting hall, adult plus 1 per employee entertainment club,tavern and bar b) Church/places of worship, I per 5 seats rated capacity auditorium, theater c) Health Club 6 per 1,000 s.f. GFA Business: 0.3 per 1,OOOs.f. GFA u.o.n. See Note 3 below l a) Animal hospital/veterinary 1 per doctor plus I for each clinic employee plus I per examining room b) Bank 1 per 400 s.f. GFA c) Barber and beauty shop 2 per each practitioner plus 1 for each additional employee d) Civic administration 1 per 400 s.f.GFA e) Educational(above 12" grade) 1 per 400 s.f. GFA f) Medical/dental office I per doctor,plus one per , employee,plus 1 per examining room g) Professional services office 1 per 400 s.f. GFA (attorney, architect, engineer, etc.) h) Motor vehicle repair/service 1 per employee plus 3 per bay station J Educational: See Note 3 below a) Nursery School/Daycare 1 per 5 students,plus 1 per teacher and/or staff b) K-8 1.5 per classroom c) 9-12 0.2 per student plus I per staff Factory and Industrial: 1 2 per 1,000 s.f. GFA See Note 3 below Institutional: See Note 3 below a) Nursing homes/Rehabilitation 1 per 2 employees plus 1 per Facilities doctor plus 1 per 2 beds b) Adult care facility 1 per staff plus 1 per 2 residents c) Police Station/Fire Station 1 per staff on largest shift plus 2 per each official JII vehicle Mercantile/Retail: 0.3 per 1,000 s.f. GFA u.o.n. See Note 3 below a) Drug stores 3 per 1,000 s.f. GFA_ b) Markets 3 per 1,060 s.f. GFA c) Retail or wholesale stores 3 per 1,000 s.f.GFA d) Showrooms 0.5 per 1,000 s.£. GFA Residential(other than one- and two- See Note 3 below family ellings): 28 a) Hotel/motel/inn 1 per guest room or suite plus 1 per employee on largest shift,plus 50%of spaces required for accessory uses b) Multi-family dwellings 2 per dwelling unit for the first 2 units and 1.5 per unit for all subsequent units c) Dormitories 1 per teacher and staff plus 1 parking space for each sleeping room d) Assisted living residence 1.5 per unit: Warehouse/Storage: I 1 per each employee on the I See Note 3 below largest shift Utility and Miscellaneous: 1 per 1,000 s.f. GFA I See Note 3 below Uses Not Otherwise Specified in this Spaces sufficient to See Note 3 below Table accommodate on site all users of the facility;as established through documentation submitted to satisfy special permit or site plan review, which ever may apply,or if no such requirements apply, documentation to the satisfaction of the Building Inspector 1. For purposes of this table,Use refers to Use and Occupancy classifications in accordance with Massachusetts 780 CMR 3.00, Seventh Edition. 2. Parking calculated per person or per Gross Floor Area(GFA)unless otherwise noted. 3. Loading spaces: All uses indicated above and other uses with regular delivery and/or shipping activity shall provide loading spaces according to the following: 5,000-20,000 s.f.GFA 1 space 20,001-50,000 s.f.GFA 2 spaces 50,001-100,000 s.f.GFA 3 spaces Every additional 100,000 s.f. GFA 1 space (b) Maximum numbers of parking spaces No maximum limits have been included in the table in § D.(2).(a); above; however development plans which actively seek to keep both parking spaces and associated impervious surfaces to a functional and sufficient minimum will be strongly encouraged in order to reduce run off and heat retention. See §97-7.A.(1)and—A.(4)above. (c) Other parking area design The following shall apply: (01) Parking spaces: Each parking space shall be provided direct access to an aisle or driveway. Parking spaces shall each provide space adequate to park an automobile,plus means of access,with dimensions meeting standards for standard and compact automobiles established by the Planning Board in the Rules and Regulations which accompany this bylaw. Spaces shall be clearly delineated by signage,wheel stops, or lines on the pavement(if paved). (02) Size: Standard parking spaces shall be a minimum of 9 feet wide by 18 feet long. (03) All weather usability: All areas used for required parking and vehicular travel shall be provided with a base and surface that will support the intended use for all weather conditions, or unless, in performing Site Plan Review (see §97-9.A),the Planning Board determines that,because of seasonal or otherwise limited use,an 29 alternative surface will adequately prevent dust, erosion, water accumulation or unsightly conditions. (04) Location: All required parking shall be provided onsite, or in the same zoning district within 250' and in the same ownership of the subject property. (05) Backing prohibited: No parking space shall be located to require backing to or from a street. (06) For Parking Lots for ten(10) or more vehicles, the parking area , design shall be subject to Site Plan Review(see §97-9.A) and to the Stormwater Management By-Law(see §87) (07) Lighting: all lights illuminating a parking area shall be designed and located so as to direct light away from any street and adjacent property, shall be limited to no more than 10,000 lumens per fixture, and shall be restricted in height to a maximum of twenty (20) feet. No low-pressure sodium vapor lighting shall be permitted. (08) Grades:No area used for required parking shall exceed two (2) percent in grade in any direction. (09) Computation: When unit of measurement determining number of required parking spaces result in a fraction of a space, any fraction over one-half shall require an additional space. (10) For parking associated with uses requiring a special permit, the Planning Board by special permit may reduce the required number of parking spaces by a maximum of twenty-five(25%)percent, based on a determination that the specific use requires fewer spaces than otherwise required by the general standard. , (11) Snow storage: One or more areas abutting the parking area(s) shall be provided, at the rate of forty(40)square feet per parking space, for the storage of plowed snow. (12) Multiple uses: When a lot includes more than one principle use, parking shall be provided in an amount equal to the sum of the requirements of the individual uses,except where shared spaces may be possible in the case of distributive use times. (13) Handicapped parking shall comply with Massachusetts 521CMR and all applicable Federal laws and regulations which require additional or higher standards of compliance than Mass. 521CMR. E. Loading (1) Loading spaces: for provision of required spaces see table in D.(2) above. (a) Each loading space shall measure a minimum of ten(10) feet in width by forty(40)) feet in length; shall not be an area designated for parking or other use; and shall not be located within twenty(20) feet of any single or two-family residential property or street. (b) Other Loading Requirements: All loading shall be on the same lot as , the principle use. (c) Backing prohibited: No loading space shall be located to require backing to or from a street. OR ACT IN RELATION THERETO. ARTICLE 36. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS, ARTICLE XI, ADMINISTRATION, SECTION 97-11.D.(2),WRITTEN 30 38 DEFINITIONS,AS FOLLOWS,WITH NEW AND AMENDED DEFINITIONS TO BE INSERTED IN THEIR CORRECT LOCATION ALPHABETICALLY: §97-11.D.(2) Written Definitions. 1. Add: "Alteration: Any construction,addition,or renovation to an existing structure,other than repair,that requires a permit. Also,a change in a mechanical system that involves an extension,addition,or change to the arrangement,type, or purpose of the original installation and that requires a permit." 2. Add: "Dis,elling,Multi-Family: A building providing three or more dwelling units." 3. Delete in its entirety: "Family: Man and Wife, or either one separately, with dependent children or other close relatives." 4. Add commas and the words"structure and/or"to the definition for Footprint, so that the revised definition reads: "Footprint: Shall mean the total square feet within the outermost dimensions of a structure and/or building, including decks, porches, and staircases,without deduction for hallways, stairs, closets,thickness of walls,columns, or other features." 5. Replace the word"building"with the word"structure"in the definition for Lot Coverage,Maximum, so that the revised definition reads: "Lot Coverage, Maximum: shall be determined by dividing the sum of all structure footprints by the area of the lot on which they are located." 6. Delete in its entirety: "Building Height: shall mean the height of the building as measured from the mean level of the established grade at the building to the mean height of the roof." 7. Delete in its entirety: "Height: The dimension in feet as measured from the mean level of the established grade at the building to the mean height of the roof." 8. Add: "Height,Building:The dimension in feet as measured from the mean level of the established grade at the building to the mean height of the highest roof." 9. Add: `Basement: That portion of a building that is partly or completely below grade (see "Story above Grade"). 10. Add: "Store: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above, excluding attics that have no habitable area and that are used solely for storage and to house mechanical equipment.. Intermediate level(s) such as mezzanines, lofts, and penthouses shall be counted as a story." 11. Add: "Story above Grade: Any story having its finished floor surface entirely above grade,except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is: a. More than 6 feet(1829 mm) above grade plan; b. More than 6 feet(1829 mm) above the finished ground level for more than 50 percent of the total building perimeter; c. More than 12 feet(3658 nun) above the finished ground level at any t point." 12. Add: "Grade Plane:A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the-exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or,where the lot line is more than six feet(1829 mm) from the building, between the building and a point six feet(1829 mm)from the building." 13. Add: "Structure: That which is built or constructed,excluding ground level driveways and walkways,and fences and retaining walls." 31 14. Revise Use,Accessary in its entirety to read: "Use,Accessory: A purpose subordinate to and dependent upon the principal use of a lot." OR ACT IN RELATION THERETO. ARTICLE 37. To see if the Town will vote to assume liability in the manner , provided by Section 29, 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 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 I 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 38. 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. 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 TO\\'N CLERK AT THE TIME AND PLACE AFORESAID. GI\rEN UNDER OUR HANDS THIS 1 IT" DAY OF MAY,2009. SELECTMEN,TOWN OF NE\\BURY �A TRUE COP)' ATTEST: r' PURSUAN f TO THE ABOVE WARRANT TO ME DIRECTED. I HEREBY NOTIFY AND WARN THE INHABITANTS OF THE TOWN OF NE4\BURY, QUALIFIED TO VOTE IN TOWN AFFAIRS,TO MEET AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED. DATE: CONSTABLE; � 1 J s- PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED, I HAVE NOTIFIED AND WARNED THE INHABITANTS OF THE TOWN OF NEABURY,QUALIFIED TO VOTE lid TOWN AFFAIRS, TO MEET AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED. f DATE: CONSTa1BLE: _3 Z- TOWN OF NEWBURY SPECIAL TOWN MEETING MAY 26,2009 RESULTS Joan Weybum, our newly elected Town Moderator, called the meeting to order at 7:03 PM. The voter list showed 60 voters were in attendance at this time (40 voters required for Quorum). Joan Weyburn began the meeting by leading in the Pledge of Allegiance to the Flag. She followed by introducing those sitting on stage with her. Selectmen Vincent J. Russo, M.D. Chairman; Joseph Story II , and our three newly elected Selectmen Audrey Keller, Michael Bulgaris, and Geoffrey Walker Also, Tony Penski, Town Counsel; Anne Hatheway, Town Clerk; Leslie Haley, Assistant Town Clerk; Frank Remley, Finance Committee Chairman; and Bill Cooper, Finance Committee. Joan then announced anyone wishing to speak at the meeting please come to the microphone and give your name and address. The checkers at the door were: Kathy Sirois, head checker; Marge Emerson, Francis Webb, Ed Carpenter, and Harry Fish. Counters assigned for the evening were Brendan Stokes, James Cunningham, and Frank N. "Budd"Kelley III. 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 27'DAY OF MAY 2009 AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ: ARTICLE 1. To see if the Town will vote to transfer from the Planning Board Salary line-item in the Fiscal Year 2009 budget the sum of$20,000.00 to the Reserve Fund and further,transfer from the Legal line-item the sum of$8,000 to the Reserve Fund; or act in relation thereto. Moved and Seconded Vote: Article Passed ARTICLE 2. To see if the Town will vote to transfer from Free Cash the sum of$212,948.40 to the snow and ice line-item in the Fiscal Year 2009 budget; or act in relation thereto. Moved and Seconded Vote: Article Passed ARTICLE 3. To see if the Town will vote to transfer from the Stabilization Fund the sum of $27,337.40 to pay the following outstanding bills from prior fiscal years; or act in relation thereto. Invoice Department Date Amount Item-Description Finance Expense 03/11/08 $9.90 Office Supplies Board of Health Expense 03/11/08 $34.07 Office Supplies Board of Health Expense 05/27/08 $25.16 Office Supplies Police Expense 08/02/07 $15.00 Equip.-Rental Chg. Police Expense 08/15/07 $101.22 Equip.-Rental-Supplies Police Expense Various $27,152.05 Insurance Bills Moved and Seconded Vote: Unanimous (9/10 required) 1 392 ARTICLE 4. To see if the Town will create an Unemployment Compensation Fund for the purpose of paying unemployment charges assessed to the Town and will, further, transfer $5,000.00 from Free Cash to said fund; or act in relation thereto. Moved and Seconded Vote: Article Passed ARTICLE 5. To see if the Town will vote to rescind the approval of Article 9 of the Special Town Meeting of October 28, 2008 which appropriated $125,953.00 from the Stabilization Fund for the purchase of a front end loader; or act in relation thereto. Moved and Seconded Vote: Unanimous MOVED AND SECONDED TO DECLARE SPECIAL TOWN MEETING DISSOLVED AT 7:12PM. PASSED Respectfully Submitted, Anne Hatheway, Town Clerk,N mry 2 �392 TOWN OF NEWBURY ANNUAL TOWN MEETING MAY 26,2009 RESULTS Following a 5 minute break from the Special Town Meeting, Town Moderator Joan Weybum called the meeting to order at 7:20 PM with 172 voters now present. The call and return of the meeting was read by Jim Cunningham, Constable. The counters continued to be Brendan Stokes, Jim Cunningham, and F.N. "Budd" Kelley III. Introduction of guests included Senator Bruce Tarr; also in attendance was Representatives from the Whittier School District,Bill DeRosa and Kevin Mahoney. Frank Chiaravalloti, a member of the Triton School Committee was also in attendance. Other guests were Jennifer Brown, Director of the Newbury Town Library, Atty. James Kelcourse and John Moulton, Riverfront Marine; and Victor Tine, staff writer for the Newburyport Daily News. ESSEX SS. TO: ONE OF THE CONSTABLES FOR THE TOWN OF NEWBURY,MASSACHUSETTS GREETINGS: (READ BY JIM CUNNINGHAM, CONSTABLE) 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 26th DAY OF MAY AT 7:15 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. Moved Seconded Vote: ARTICLE PASSES ARTICLE 2. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE OR TAKE FROM AVAILABLE FUNDS THE SUM OF$7,395,522.87; AND TAKE FROM THE SPECIAL ASSESSMENT FUND$532,000.00; FOR THE OPERATION OF THE TOWN IN FISCAL 2010. Frank Remley, Chairman of the Finance Committee gave a presentation of the Fiscal 2010 budget. Charles (Chuck) Kostro, Town Administrator, spoke in regards to the decline in revenue for the town and the decrease in state aide. Committee, gave a presentation on the FY-10 FINANCE COMMITTEE RECOMMENDS FY 09 FY 10 CHANGE TOWN MTG. MODERATOR 100 100 0 SELECTMEN SALARIES 15,000 15,000 0 TOWN ADMINSTRATOR SALARY 93,750 95,000 1.33% SELECTMEN ADMIN. ASST. 44,950.20 46,276.16 2.95% SELECTMEN'S EXPENSE 3,000 6,000 100% FINANCE COMMITTEE EXPENSES 150 175 16.67% RESERVE 70,000 0 -100% TREASURER/COLLECTOR SALARY 0 71,834 0 FINANCE DEPARTMENT SALARIES 22,927.63 0 -100% FINANCE EXPENSES 40,350 39,150 -2.97% ACCOUNTANT'S SALARY 57,249.94 58,096 1.48% ACCOUNTANT'S EXPENSE 8,500 10,500 23.53% ASSESSOR'S SALARY 9,890 9,890 0 ASSESSOR'S WAGES 44,694.30 45,355.38 1.48% ASSESSOR'S EXPENSE 57,400 55,000 -4.18% AUDIT TOWN BOOKS 25,000 25,000 0 TREASURER-COLLECTOR WAGES 33,441.21 0 -100% LEGAL EXPENSE 75,000 75,000 0 PERSONNEL BOARD 500 0 0 TOWN CLERK'S SALARY 48,415.33 49,165.33 1.55% TOWN CLERK'S WAGES 25,000 31,395 25.58% TOWN CLERK STIPEND 0 0 0 TOWN CLERK'S EXPENSE 6,995 4,875 -30.31% 1 TOWN CODE BOOKS 3,750 0 -100% ELECTION EXPENSE 9,600 6,750 -29.69% REGISTRARS VOTERS SALARIES 750 750 0 REGISTRARS VOTERS EXPENSE 4,734.12 4,500 -4.95% CONSERVATION COMM. AGENT SALARY 49,318.16 50,171 1.73% CONSERVATION COMM. WAGES 13,303.68 19,945.44 49.92% CONSERVATION COMM. EXPENSE 6,150 5,000 -18.70% TREE WARDEN SALARY 3,000 3,000 0 TREE WARDEN EXPENSE 5,000 5,000 0 ' CLAM FLATS TOWN WAGES 4,000 4,000 0 PLANNING BOARD WAGES 60,184.27 59,291 -1.48% PLANNING BOARD EXPENSE 4,900 3,615 -26.22% MERRIMACK VALLEY PLANNING COMM. 2,215.08 2,215.08 0 ZONING BOARD OF APPEALS WAGES 900 900 0 ZONING BOARD OF APPEALS EXPENSES 500 230 -54% TOWN HALLS MAINT. EXPENSE 47,750 0 -100% PUBLIC BUILDING MAINTENANCE 36,000 74,000 105.56 TOWN REPORTS 1,500 1,500 0 INSURANCE EXPENSE 147,000 153,000 4.08% POLICE DEPARTMENT WAGES 1,116,178.04 1,170,835.14 4.90% EMERGENCY MGT DIRECTOR SALARY 5,000 0 -100% POLICE EXPENSE 110,000 110,000 0 FIRE PROTECTION-WAGES-P#1 98,973.06 102,025.12 3.08% FIRE PROTECTION-WAGES-P#2 91,457.18 91,809.99 0.39% CALL FIRE P# 1 70,658 70,658 0 CALL FIRE P#2 70,658 70,658 0 FIRE PROTECTION-FLAT RATE-P#1 74,750 74,750 0 FIRE PROTECTION-FLAT RATE-P#2 74,750 74,750 0 FOREST FIRES-P# 1 2,500 2,500 0 FOREST FIRES-P#2 2,500 2,500 0 FIRE ALARM MAINT. EXPENSE 7,000 7,000 0 AMBULANCE SERVICE 15,000 15,000 0 ' BUILDING INSPECTOR SALARY 57,502.74 58,599.33 1.91% ASST. BUILDING INSPECTOR 9,400.55 9,400 -0.01% BUILDING INSPECTOR WAGES 6,538.06 0 -100% BUILDING INSPECTOR EXPENSE 6,975 5,150 -26.16% GAS INSPECTOR'S EXPENSE 6,000 4,500 -25.00% PLUMBING INSPECTOR'S EXPENSE 10,000 8,500 -15% SEALER OF WEIGHTS & MEASURES 2,500 2,500 0 WIRE INSPECTOR'S EXPENSE 11,500 9,500 -17.39% CIVIL DEFENSE . 0 0 0 ACO SALARY 17,364.62 20,984 20.84% ACO EXPENSE 8,000 3,000 -62.50% PARKING CLERK'S SALARY 2,400 2,400 0 PARKING CLERK'S EXPENSE 600 420 -30% HYDRANT SERVICE 11,475 11,475 0 TRITON REGIONAL CAPITAL IMPROV. 165,399 296,111 79.03% HIGHWAY LABOR 422,500.28 438,372.74 3.76% HIGHWAY MAINTENANCE EXPENSE 70,000 160,000 128.57% SNOW REMOVAL WAGES/EXPENSE 95,000 95,000 0 STREET LIGHTING 47,000 40,000 -14.89% TRUCK MAINTENANCE 85,000 0 -100% GARAGE MAINTENANCE 20,000 0 -100% BOARD OF HEALTH WAGES 57,250 58,108.75 1.50% ' BOARD OF HEALTH EXPENSES 223,000 230,000 3.14% PUBLIC HEALTH SERVICES EXPENSE 11,000 0 -100% COUNCIL ON AGING WAGES 71,505.29 69,736.98 -2.47% COUNCIL ON AGING EXPENSE 12,800 8,940 -30.16% VETERANS DIRECTOR STIPEND 2,400 2,400 0 VETERANS SERVICES 14,000 25,000 78.57% NEWBURY TOWN LIBRARY WAGES 199,413.27 203,308.86 1.95% NEWBURY TOWN LIBRARY EXPENSES 63,000 52,500 -16.67% LIFEGUARD WAGES . 40,000 39,000 -2.50% LIFEGUARD EXPENSES 5,000 3,000 -40% PARKS EXPENSE 25,000 0 -100% 2 HISTORIC COMMISSION 650 650 0 375T" ANNIVERSARY COMMITTEE 375 375 0 MEMORIAL DAY 600 400 -33.33% COST OF BONDING 19,391.53 17,500 -9.75% LONG TERM DEBT PRINCIPAL 1,703,404.08 1,983,275.86 16.43% SHORT TERM DEBT INTEREST 15,376.13 23,840 55.05% LONG TERM DEBT INTEREST 631,151.46 569,820.71 -9.72% HEALTH & DENTAL INSURANCE 545,000 583,150 7% EMPLOYEE LIFE INSURANCE 1,900 1,300 -31.58% FICA MEDICARE 63,750 65,139 2.18% ARTICLE 2 TOTALS 7,927,522.87 Plum Island resident Andrea Ross questioned 5 articles on the proposed budget and Chuck Kostro responded to her concerns. Dr.Russo answered her comment on street lighting. Robert Noonan, 248 High Rd. had questions regarding Veterans Services. Chuck Kostro answered his questions. MOVED SECONDED VOTE: ARTICLE PASSES ARTICLE 3. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $9,347,418.00 FOR THE PURPOSE OF FUNDING THE ASSESSMENT TO THE TOWN BY THE TRITON REGIONAL SCHOOL DISTRICT FOR FY2010. FINANCE COMMITTEE RECOMMENDS MOVED SECONDED Vote: ARTICLE PASSES ARTICLE 4. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $181,787.00 FOR THE WHITTIER VOCATIONAL SCHOOL'S FY10 ASSESSMENT TO NEWBURY. FINANCE COMMITTEE RECOMMENDS MOVED SECONDED Vote: ARTICLE PASSES ARTICLE 5. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE AND/OR TAKE FROM FREE CASH THE SUM OF$359,502.66 AS THE TOWN'S SHARE OF SUPPORTING THE ESSEX COUNTY RETIREMENT SYSTEM FOR FISCAL YEAR 2010. FINANCE COMMITTEE RECOMMENDS DR.RUSSO MOVED TO AMMEND,SECONDED,AND WAS AMMENDED AS FOLLOWS: AMMENDMENT was written to remove the words (AND/OR TAKE FROM FREE CASH) MOVED SECONDED Vote: ARTICLE PASSED AS AMENDED ARTICLE 6. TO SEE IF THE TOWN WILL VOTE TO RAISE AND APPROPRIATE THE SUM OF $3,355 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 2009. FINANCE COMMITTEE RECOMMENDS MOVED SECONDED VOTE:ARTICLE PASSES ARTICLE 7. 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 MOVED SECONDED VOTE:ARTICLE PASSES ARTICLE 8. TO SEE IF THE TOWN WILL APPROPRIATE FROM THE STABILIZATION FUND THE SUM OF$75,000 FOR THE PURPOSE OF FUNDING THE RESERVE FUND IN THE FISCAL YEAR 2010 OPERATING BUDGET;OR ACT IN RELATIQN THERETO.(2/3rds vote required) FINANCE COMMITTEE RECOMMENDS MOVED SECONDED VOTE: UNANIMOUS(2/3 VOTE REQUIRED) ARTICLE 9. TO SEE IF THE TOWN WILL APPROPRIATE FROM THE STABILIZATION FUND THE SUM OF$15,000 FOR THE PURPOSE OF PURCHASING GEOGRAPHIC INFORMATION SYSTEM(GIS)AND PICTOMETRY SOFTWARE;OR ACT IN RELATION THERETO. (2/3rds vote required) FINANCE COMMITTEE RECOMMENDS Nancy Burke, 10 Larkin Rd., questioned "Why?" 3 Dr. Russo responded, to help various departments do their job. Budd Kelley also spoke on the usefulness for many departments. MOVED SECONDED VOTE: UNANIMOUS(2/3/REQUIRED) ARTICLE 10. TO SEE IF THE TOWN WILL APPROPRIATE FROM THE STABILIZATION FUND THE SUM OF$52,665 FOR THE PURPOSE OF PURCHASING A PLOW AND SANDER FOR THE HIGHWAY DEPARTMENT;OR ACT IN RELATION THERETO.(2/3rds vote required) FINANCE COMMITTEE RECOMMENDS MOVED SECONDED VOTE: UNANIMOUS(2/3/REQUIRED) , ARTICLE 11. TO SEE IF THE TOWN WILL APPROPRIATE FROM THE STABILIZATION FUND THE SUM OF$28,000 FOR THE PURPOSE OF PURCHASING A POLICE CRUISER;OR ACT IN RELATION THERETO.(2/3rds vote required) FINANCE COMMITTEE RECOMMENDS Don Bade,96 Central St.,raised the question about leasing Police Vehicles? Chuck Kostro responded we are unable to. MOVED SECONDED Vote: UNANIMOUS(2/3 REQUIRED). ARTICLE 12. TO SEE IF THE TOWN WILL APPROPRIATE FROM THE STABILIZATION FUND THE SUM OF$10,000 FOR THE PURPOSE OF REPAIRING OR REPLACING THE BOILER IN THE TOWN HALL;OR ACT IN RELATION THERETO. (2/3rds vote required) FINANCE COMMITTEE RECOMMENDS MOVED SECONDED VOTE: UNANIMOUS(2/3 REQUIRED) ARTICLE 13. TO SEE IF THE TOWN WILL APPROPRIATE FROM THE LAND SALE FUND THE SUM OF$10,000 FOR THE TOWN'S SHARE OF THE LARKIN MILL DAM PROJECT;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS FRED THURLOW,26 MARSH AVE.ASKED IS THIS MONEY TO BE USED FOR THE "WORK" OR"STUDY"? ' CHUCK KOSTRO RESPONDED"FOR A FEASIBILITY". DAVE MOUNTAIN,PLANNING BOARD CHAIRMAN,EXPLAINED"WE HAVE TO REMOVE IT OR REPAIR IT." MOVED SECONDED VOTE:ARTICLE PASSES ARTICLE 14. TO SEE IF THE TOWN WILL APPROPRIATE FROM THE LAND SALE FUND THE SUM OF$25,000 FOR THE PURPOSE OF STUDYING,DESIGNING OR REPAIRING THE HIGHWAY BARN; OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS MOVED SECONDED VOTE:ARTICLE PASSES ARTICLE 15. TO SEE IF THE TOWN WILL APPROPRIATE FROM FREE CASH THE SUM OF $130,000 FOR THE PURPOSE OF REDUCING THE TAX RATE IN FISCAL YEAR 2010;OR ACT IN RELATION THERETO. FINANCE COMMITTEE RECOMMENDS PAM WOOL,16 WITHINGTON ST.,REQUESTED AN EXPLANATION OF THIS ARTICLE. CHUCK EXPLAINED THE ARTICLE. MOVED SECONDED VOTE:ARTICLE PASSES ARTICLE 16. 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 $66,500.00 DURING THE NEXT FISCAL YEAR. FINANCE COMMITTEE RECOMMENDS JOANNE JOHNSON,I LANES END,ASKED WHAT WAS THE HARBORMASTER'S EXPENSE LAST YEAR AND WHAT IS IT THIS YEAR? 4 BRENDAN STOKES,HARBORMASTER,STATED THE FUND COMES FROM FEES OF BOATERS,PLUS 50% FROM EXCISE TAX ON BOATS. MONEY IS NEEDED FOR MAKING REPAIRS TO THE TOWN PIER,SALARIES,ETC. OTHERS SPEAKING ON THIS MATTER,JASON MULLEN,172 ELM ST,AND FRANK DUDLEY, JR.,58 OLD POINT RD.,STATED"THE TOWN SHOULD PAY EXPENSES". DAVE MOULTON,RIVERFRONT MARINE,292 HIGH RD ASKED IF HIS COUNSEL COULD SPEAK TO ASK WHAT IS GOING ON WITH FEES CHARGED BY THE HARBORMASTER. A VOTE WAS TAKEN WEATHER TO ALLOW RIVERFRONT COUNSEL TO SPEAK;YES- 25...NO 87 DIANE MANTER BROWN,82 CENTRAL ST.,ASKED FOR AN EXPLANATION OF CHAPTER 44 MGL.SEC.53E%:. TONY PENSKI,TOWN COUNSEL EXPLAINED IT MEANS IT IS FUNDED BY PEOPLE WHO DO USE THE WATERWAYS. MOVED SECONDED VOTE: ARTICLE PASSES ARTICLE 17. TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE THE SUM OF$1,004,046.59 FROM CHAPTER 90 AVAILABLE FUNDS FOR USE BY THE DEPARTMENT OF PUBLIC WORKS; OR ACT IN RELATION THERETO. MOVED SECONDED VOTE:ARTICLE PASSES ARTICLE 18. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF SELECTMEN TO GRANT SUCH TEMPORARY EASEMENTS AS THE SELECTMEN SHALL DEEM NECESSARY TO THE ARMY CORPS OF ENGINEERS AND ITS CONTRACTORS AND/OR AGENTS TO ALLOW FOR THE PLACEMENT OF PIPING AND APPURTENANT EQUIPMENT ON TOWN OWNED BEACH AND LAND ON PLUM ISLAND FOR THE PURPOSE OF REPLENISHING THE BEACH WITH DREDGED SAND MATERIALS AS WELL AS TO ACCEPT FROM PRIVATE PROPERTY LANDOWNERS SUCH ADDITIONAL EASEMENTS AS MAY BE REQUIRED FOR SAID SAND DREDGING PROJECT;OR ACT IN RELATION THERETO: MOVED SECONDED VOTE:UNANIMOUS (2/3 VOTED REQUIRED) ARTICLE 19. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF SELECTMEN TO PETITION THE GENERAL COURT TO ENACT LEGISLATION AS FOLLOWS: AN ACT REGULATING CERTAIN INSURANCE BENEFITS FOR ELECTED OFFICIALS OF THE TOWN OF NEWBURY. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of same as follows: SECTION 1. Notwithstanding Chapter 32B of the General Laws or any other general or special law to the contrary,an elected official of the town of Newbury who receives a stipend shall not be eligible for participation in the town's contributory health and life insurance plans unless the official pays to the town one hundred per cent(100%)of the cost of participation in the plans,plus any administrative costs that may be assessed by the board of selectmen. SECTION 2. Notwithstanding section 1,the town clerk and the elected members of the board of selectmen shall remain eligible for participation in the town's contributory health and life insurance plans at the same rate of contribution as non-union employees of the town. DR.RUSSO PRESENTED A WRITTEN REQUEST TO AMMEND FROM SECTION 2 THE FOLLOWING: REMOVE THE WORDS(AND THE ELECTED MEMBERS OF THE BOARD OF SELECTMEN) RESIDENT VOTERS WERE ASKED"ALL THOSE IN FAVOR?" ALL RESPONDED"I" SECTION 3. This act shall take effect upon its passage. Or act in relation thereto. MOVED SECONDED VOTE:ARTICLE PASSES ARTICLE 20. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF SELECTMEN TO PETITION THE GENERAL COURT TO ENACT LEGISLATION AS FOLLOWS: AN ACT AUTHORIZING THE BOARD OF ASSESSORS OF THE TOWN OF NEWBURY TO GRANT AN ABATEMENT OF REAL ESTATE TAXES TO GERALDINE V.BUZZOTTA FOR FISCAL YEAR 2009. Be it enacted by the Senate and House of Representatives in General Court assembled and by the authority of the same as follows: SECTION 1. Notwithstanding Chapter 59 of the General Laws or any other general or special law to the contrary,the board of assessors of the town of Newbury are hereby authorized to grant a real estate tax 5 abatement in the amount of$930.93 to Geraldine V.Buzzotta whose home at 4-5i6 Street on Plum Island in Newbury was destroyed as a result of breach erosion on November 26,2008,said abatement covering the period November 26,2008 through June 30,2009. CARLA CAPOLUPO,32 ROLFES LN.,(DAUGHTER OF MRS.BUZZOTTA)QUESTIONED THE AMOUNTOF THE ABATEMENT. BUDD KELLEY,CHAIRMAN OF THE ASSESSORS,EXPLAINED THIS AMOUNT PERTAINS TO THE REAL ESTATE TAX ON HER HOUSE THAT WAS DEMOLISHED BUT IN THE FUTURE SHE WILL BE TAXED FOR THE LAND. SECTION 2. This act shall take effect upon its passage; ' Or act in relation thereto. MOVED SECONDED VOTE:ARTICLE PASSES ARTICLE 21. TO SEE IF THE TOWN WILL VOTE TO CHARGE FOR EACH WRITTEN DEMAND ISSUED BY THE TAX COLLECTOR,EFFECTIVE JULY 1,2009,A FEE OF$10,00 TO BE ADDED AND COLLECTED AS PART OF THE TAX,AS AUTHORIZED BY G.L.C.60§15,AS AMENDED BY ST. 2008,C.182,§15;OR ACT IN RELATION THERETO. MOVED SECONDED VOTE:UNANIMOUS ARTICLE 22. TO SEE IF THE TOWN WILL ADD THE FOLLOWING SECTION TO THE BYLAWS: Section 18-3 The Town Administrator shall assume the duties of,or may designate a Chief Procurement Officer. The Chief Procurement Officer shall have all of the duties and authority as provided by Massachusetts General Law,including but not limited to,sole authority to execute any agreement procured under Chapter 30B,Chapter 149 or Chapter 30 §39M,provided,however,that for any agreement the value of which shall be$25,000.00 or more,prior approval of the Board of Selectmen shall be required; or act in relation thereto. MOVED SECONDED VOTE:UNANIMOUS (213 VOTE REQUIRED) ARTICLE 23. TO SEE IF THE TOWN WILL REAUTHORIZE THE BOARD OF HEALTH'S REVOLVING HOME COMPOSTING BIN ACCOUNT IN ACCORDANCE WITH SECTION 53B %:OF CHAPTER 44 OF THE GENERAL LAWS IN ORDER TO PLACE REVENUE COLLECTED FROM THE SALE OF COMPOST BINS WHICH SHALL BE USED TO PURCHASE ADDITIONAL COMPOST BINS, ' ADVERTISE THE AVAILABILITY OF SUCH BINS,AND FURTHER,THAT THE BOARD OF HEALTH IS AUTHORIZED TO SPEND$5,000.00 DURING THE NEXT FISCAL YEAR;OR ACT IN RELATION THERETO. MOVED SECONDED VOTE:UNANIMOUS ARTICLE 24. TO SEE IF THE TOWN WILL REAUTHORIZE THE RECREATION COMMITTEE'S REVOLVING FUND IN ACCORDANCE WITH SECTION 53E''/a OF CHAPTER 44 OF THE GENERAL LAWS FOR THE PURPOSES OF MAINTAINING CERTAIN FIELDS,AND,FURTHER,THAT THE RECREATION COMMITTEE IS AUTHORIZED TO SPEND$30,000.00 DURING THE NEXT FISCAL YEAR; OR ACT IN RELATION THERETO. MOVED SECONDED VOTE:UNANIMOUS ARTICLE 25. (Sense of the Meeting) TO SEE IF THE TOWN WISHES TO PURSUE THE CONSTRUCTION OF A SENIOR/COMMUNITY CENTER ON A CERTAIN PARCEL OF LAND LOCATED ON SCOTLAND ROAD TO BE DONATED TO THE TOWN BY RICHARD CUNNINGHAM FOR THE PRIMARY PURPOSE OF SERVING AS A SENIOR CENTER AS WELL AS SERVING NEEDS OF ALL TOWN CITIZENS. STEVE CUNNINGHAM,143 SCOTLAND RD.,(SON OF RICHARD CUNNINGHAM)ASKED IF THE TOWN WANTS THE BUILDING COMMITTEE FOR THE SENIOR CENTER TO CONTINUE TO MEET. AT THIS POINT THEY HAVE PUT IN A GREAT DEAL OF TIME WITH NO RESOLVE.HE STATED THE OFFER OF THE LAND WILL HOLD UNTIL DECEMBER 2010. THE PROBLEM FOR THE TOWN,LACK OF MONEY TO BUILD THE SENIOR CENTER. ' BILL PLANTE,20 HAY ST.,STATED"WE'RE ALL TORN ABOUT THIS,""WE WOULD LIKE TO SAY YES, BUT WHERE IS THE MONEY GOING TO COME FROM?" ANOTHER MEETING PARTICIPANT SAID,"HE SAID WHAT WE WERE ALL THINKING." TOWN MEETING VOTERS BY A SHOW OF HANDS TURNED DOWN CUNNINGHAM'S OFFER JOAN WEYBURN THANKED RICHARD CUNNINGHAM WHO WAS IN ATTENDANCE FOR "THE MOST GENEROUS OFFER THE TOWN HAS EVER HAD." THE WELL OVER 100 TOWN MEETING PARTICIPANTS THEN ROSE TO THEIR FEET WHILE APPLAUDING HIM. SENSE OF MEETING: NO, THANK YOU" 6 ARTICLE 26. TO SEE IF THE TOWN WILL VOTE TO AUTHORIZE THE BOARD OF SELECTMEN TO ACCEPT FROM ALAN J.WHITE OVER LAND SITUATED AT 107 NORTHERN BOULEVARD AN EASEMENT FOR THE INSTALLATION,MAINTENANCE AND REPAIR OF SEWER AND WATER PIPELINES AS SHOWN ON A PLAN ENTITLED"UTILITY EASEMENT PLAN OF LAND IN NEWBURY,MA"DATED APRIL 2,2009;OR ACT IN RELATION THERETO. MOVED SECONDED VOTE:UNANIMOUS(2/3 VOTE REQUIRED) ARTICLE 27. TO SEE IF THE TOWN WILL VOTE TO AMEND ITS RIGHT TO FARM BY-LAW ADOPTED AT THE MAY 27,2008 ANNUAL TOWN MEETING BY AMENDING SECTION 4 THEREOF SO THAT IT NOW READS AS FOLLOWS: Section 4. Disclosure Notification Immediately upon the execution of a purchase and sale agreement for the purchase of any real estate is entered into,or prior to the sale or exchange of real property if no purchase and sale agreement exists, for the purchase or exchange of real property,or prior to the acquisition of a leasehold interest or other possessory interest in real property,located in Newbury,the landowner shall present the buyer or occupant with a disclosure notification which states the following: "It is the policy of Newbury to conserve,protect and encourage the maintenance and improvement of agricultural land for the production of food,or other agricultural products,and also for its natural and ecological value. This disclosure notification is to inform buyers or occupants that the property they are about to acquire or occupy lies within a town where farming activities occur. Such farming activities may include, but are not limited to,activities that may cause noise,dust or odors. Buyers and occupants are also informed that the location of property within Newbury may be impacted by commercial agricultural operations including the ability to access water services for such property under certain circumstances." A copy of the disclosure notification shall be signed by the landowner prior to the sale,purchase, exchange or occupancy of real property. A copy of the disclosure notification must be filed with the Board of Selectmen prior to the sale,purchase,exchange or occupancy of such real property. In addition,the Town may mail a copy of this disclosure notification to all landowners once each fiscal year by inclusion in its mailing of real estate or excise taxes. Any violation of this section shall be subject to a fine of$300 and shall be enforced by the Board of Selectmen or its designee. The Town is authorized to enforce this section under the non-criminal disposition provision of G.L.c.40, §21D; Or act in relation thereto. DR.RUSSO STATED THE SELECTMEN SUPPORT THIS ARTICLE TO PROTECT AGRICULTURE IN NEWBURY. MOVED SECONDED VOTE:UNANIMOUS ARTICLE 28. TO SEE IF THE TOWN WILL VOTE TO AMEND CHAPTER 24 OF ITS BY-LAWS (PERSONNEL POLICY)AS FOLLOWS: 1. By replacing existing Section 24-2.17.with the following: F. Job Description.A written job description for every Town employee,including elected and appointed positions.Said description shall include essential duties and responsibilities for the position,as well as the required knowledge,skills and experience,including any mental and/or physical demands. 2. By adding to 24-2.I.the following: (3)Fractional Employee-A fractional employee is one who will work less than twenty(20)hours weekly in a regularly scheduled year-round position. 3. By replacing existing Section 24-2.L.with the following: L. Overtime-Hours worked by a non-exempt employee in excess of 40 hours per week. 4. By replacing existing Section 24-4.1.with the following: I. Establish a job title and compensation rate for each new or changed position,subject to the receipt of explanatory and substantiating data relative to the content of the position in such form as the Board shall require. Any new classes or grades added to the Classification Plan as a result of the Board's action shall be subject to ratification by vote of the town at a Town Meeting. 5. By replacing existing Section 24-6.G.with the following: 7 �fba G. New employees-Except as is otherwise provided herein,a new employee of the Town shall be paid at the minimum rate of pay established by the Town's Classification Plan for the position in which employed.Upon the recommendation of a Department Head,supported by evidence in writing of special reasons and exceptional circumstances satisfactory to the Personnel Board,the Board may authorize for a new employee an entrance rate higher than minimum for that position.Employees hired at any rate above entry level shall be subject to the requirements of Section 24-6D. Any new employee,regardless of entrance rate granted,shall be subject to Section 24-7C. 6. By replacing existing Section 24-6.H. with the following: ' H. Promotion-In the event an employee is promoted from one position in the Classification Plan to another position in said plan in a higher grade,the employee shall receive an increase in compensation as determined by the Personnel Board. Such rate of pay will not be more than the maximum rate of pay established by the Classification Plan for the grade of that position. 7. By replacing existing Section 24-7.A(3)with the following: A. (3)All promotions or upgrades must be approved by the employee's department head and/or the appointing authority of the Town prior to approval by the Personnel Board, and followed by approval from the Town Administrator. 8. By replacing existing Section 24-9.A.with the following: A. Each full-time employee whose position has been determined by the Personnel Board to be non-exempt pursuant to the Fair Labor Standards Act,except Department Heads and Police or Fire personnel,who shall be required to be on duty in excess of forty(40)hours in one workweek,shall be paid for such overtime duty at the rate of one and one half times the employee's regular hourly rate of compensation.Hours worked for the purpose of computing overtime shall include only those hours the employee actually worked in that week. Time paid,but not actually worked,such as holiday, sick days,paid personal days or vacation,is not counted for the purpose of computing overtime pay. Prior authorization for paid overtime must be obtained from the Department Head in advance of working any overtime hours. 9. By replacing existing Section 24-10.D.with the following: D. Under Massachusetts General Laws,Chapter 30,Section 24A,if the regular day off is Saturday and any ' such legal holiday falls on a Saturday,such person shall,where possible,be given the preceding Friday off without loss of pay. If the holiday falls on Sunday,such person shall take the following Monday.If said day off cannot be given by reason of a personnel shortage or other cause,the employee shall be given an additional day subject to approval of the Department Head,or at another work day mutually agreed upon between the employee and the Department Head within the next thirty(30)days. In the event an employee's regular day off,vacation day,or a day on which the employee is absent from duty because of injuries sustained in the line of duty falls on a paid holiday,the employee shall be granted an additional day off. 10. By deleting Section 24-10.G.in its entirety. 11. By replacing existing Section 24-11.13.with the following: B.(1)An employee with less than five(5)years of continuous employment with the Town shall be entitled to two(2)weeks of vacation time and will be pro-rated in accordance with their regularly scheduled total weekly hours. Vacation leave is not awarded to part-time,fractional,or seasonal employees. (2) An employee with more than five(5)years of continuous employment with the Town shall be entitled to three(3)weeks of vacation. In addition,employees will then earn one additional day of vacation for each full year of continuous employment,on the anniversary of their date of hire,up to a maximum of 20 days of vacation time after ten(10)years of service. No employee shall be entitled to more than four(4)weeks of vacation time,regardless of the total years of service with the Town and will be pro-rated in accordance with their regularly scheduled total weekly hours. Vacation leave is not awarded to part-time,fractional, or seasonal employees. (3)Permanent part-time employees shall be entitled to vacation leave as follows: An employee with five ' (5)years of continuous employment with the Town shall be entitled to three(3)weeks of vacation time,and to earn one additional day of vacation time each full year of continuous employment,on the anniversary of their date of hire,up to a maximum of 20 days of vacation time after ten(10)years of service. No employee shall be entitled to more than four(4)weeks of vacation time,regardless of the total of years employed with the Town and will be pro-rated in accordance with their regularly scheduled total weekly hours. Vacation leave is not awarded to part-time,fractional or seasonal employees. 12. By replacing existing Section 24-11.E. (3)with the following: E.(3)Permanent Part-time employees will accme their annual vacation leave allotment on a pro-rata basis in accordance with their regularly scheduled weekly hours. 8 13. By replacing existing Section 24-12.A.(1)with the'following: A.(1)Is incapacitated for the performance of their duties by non-occupational sickness or injury. 14. By replacing existing Section 24-12.A.(2)with the following: A.(2)Is required to give care and attendance to their spouse,child,parent,or other member of employee's immediate family or household who may have an injury or illness. 15. By deleting Section 24-12.A.(3)in its entirety. 16. By replacing existing Section 24-12.A.(4)b.with the following: A. (4)b. The Town reserves the right to request a statement from a licensed health care provider for any tune missed due to the employee's own injury or illness. 17. By replacing existing Section 24-12.B.with the following: B. Each full-time employee shall accrue 15 days of sick leave each ear,which shall be pro-rated in Y Y � accordance with their regularly scheduled weekly hours. Sick leave shall be cumulative from year to year up to a limit of one hundred twenty(120)work days. An employee who has unused sick leave to their credit at the time their employment with the town is terminated shall not be paid for such leave. New employees must wait three(3)months to use sick leave. 18. By replacing existing Section 24-12-F.with the following: F. Each permanent part-time employee shall accrue 15 days of sick leave each year,which shall be pro-rated in accordance with their regularly scheduled weekly hours. Sick leave shall be cumulative from year to year up to a limit of one hundred twenty(120)work days. An employee who has unused sick leave to their credit at the time their employment with the town is terminated shall not be paid for such leave. New employees must wait three(3)months to use sick leave. 19. By replacing existing Section 24-12.D.with the following: D. The Department Head is authorized to approve or disapprove sick leave. An employee who is absent from duty on account of illness or injury shall notify the person authorized to approve sick leave of the reason for their absence before or at the beginning of their scheduled tour of duty. Sick leave not in excess of three(3) consecutive work days will ordinarily be approved without a medical certificate from the employee's licensed health care provider. However,in those cases in excess of 3 consecutive work days,or that indicate excessive absence on account of sickness,or where there appears to be an abuse of the sick leave privilege,information from the employee's licensed health care provider may be required for any absence attributable to sickness, stating that the employee was unfit to perform their duty. In those cases when an employee's request for sick leave is not approved,the absence shall be considered to be unauthorized,and the employee shall receive no pay for the period of such absence. 20. By replacing existing Section 24-13.B.with the following: B. Whenever a full-time Police Officer or Firefighter is incapacitated for duty because of injury or illness sustained in the performance of duty without fault of his/her own,the employee shall make application under Massachusetts General Laws Chapter 41,Section 111F for the benefits provided therein to the Town Administrator,and,if approved,he/she shall be granted leave without loss of pay for the period of that incapacity;provided that no such leave shall be granted for any period after such employee has been retired or pensioned in accordance with law or for any period after a licensed health care provider designated by the Town Administrator determines that such incapacity no longer exists. 21. By replacing existing Section 24-14.A.with the following: A. A full-time or permanent part-time employee called for jury duty shall be paid the difference between their regular pay and the compensation received by them as a juror,exclusive of travel allowances. All other employees shall be paid their regular wages for the first,three days,or part thereof,of juror service as provided in G.L.c.234A. 22. By replacing existing Section 24-14.C.with the following: C. An employee who is required to appear in court as a defendant or a litigant,or who is required to appear as a witness in court under compulsory legal process,unless such appearance is on behalf of the Town,shall use any unused vacation time for such appearance. If no unused time is available,the employee may be granted leave without pay for such appearance. Use of sick leave is prohibited in these circumstances. 23. By replacing existing Section 24-15.A.with the following: A. See United States Department of Labor at: www.dol.izov/dol/siteindex.ht3n -for USERRA. All town employees will be governed to abide by the law. 24. By replacing existing Section 24-15.13.with the following: 9 B. See United States Department of Labor at: www.dol.eov/dollsiteindex.htm-for USERRA. All town employees will be governed to abide by the law. 25. By replacing existing Section 24-16 with the following: 16. Full-time and permanent part-time employees may be granted up to three(3)consecutive working days of time off,without loss of pay in the event of a death in their immediate families.Immediate family members shall include parents,brother,sister,spouse or domestic partner,child,father or mother-in-law, grandparent,sister or brother-in-law,son or daughter-in-law.Accrued vacation time may be used toward any additional time out required/necessary in excess of three(3)consecutive working days. Use of Bereavement leave and accrued vacation time are subject to the approval of the Department Head. ' 26. By replacing existing Section 24-17.A.with the following: A.See United States Department of Labor at: www.dol.aov/dollsiteindex.htm-for FMLA. 27. By replacing existing Section 24-17.B.with the following: B. See United States Department of Labor at: www.dol.gov/dol/siteindex.htm-for FMLA. 29. By replacing existing Section 24-17.C.with the following: C. See United States Department of Labor at: www.dol.eov/dol/siteindex-htm-for FMLA. Leaves of Absence will be governed by the FMLA. For non-FMLA leaves in excess of two weeks,requests must be approved by the Town Administrator and shall contain a detailed statement of the reason for the request. 29. By replacing existing Section 24-22 with the following: 22. Continuation of Benefits(COBRA)The Consolidated Omnibus Budget Reconciliation Act. See United States Department of Labor at: www.dol.eov/dol/siteindex.htm-for COBRA; or act in relation thereto. MOVED SECONDED VOTED:UNANIMOUS Proposed addition to Code of the Town of Newbury: Chapter 87 Stormwater Management ARTICLE 29. TO SEE IF THE TOWN WILL VOTE TO AMEND THE CODE OF THE ' TOWN OF NEWBURY TO ADD CHAPTER 87, STORMWATER MANAGEMENT AND ILLICIT DISCHARGE AND EROSION CONTROL AS FOLLOWS: Chapter 87 STORMWATER MANAGEMENT AND ILLICIT DISCHARGE AND EROSION CONTROL (1)PURPOSE Regulation of activities that result in the disturbance of land and the creation of stormwater runoff is necessary for the protection of the Town of Newbury to safeguard the health, safety, and welfare of the general public and protect the natural resources of the Town of Newbury, including the water bodies and groundwater. The purpose of this By-Law is to prevent or diminish these impacts by controlling runoff and preventing soil erosion and sedimentation resulting from site construction and development and to provide compliance with Newbury's NPDES Permit Number: MAR041212/MA DEP Transmittal Number:W 040791. (a) The harmful impacts of soil erosion and sedimentation are: 01) impairment of water quality and flow into lakes, ponds, streams, rivers, coastal and marine waters and estuaries(314 CMR 4.00),wetlands and groundwater; 02) contamination of drinking water supplies; , 03) alteration or destruction of aquatic and wildlife habitat; 04) flooding; and 05) overloading or clogging of municipal catch basins and stormwater drainage systems. (b) The objectives of this By-Law are: �d 3 O1) to prevent pollutants from entering the Town of Newbury municipal separate storm sewer system(MS4)and to minimize discharge of pollutants from the MS4; 02) to protect water resources; 03) to prohibit illicit connections and unauthorized discharges to the MS4; 04) to require the removal of all such illicit connections; 05) to require practices that control the flow of stormwater from new and redeveloped sites into the Town of Newbury's MS4 in order to prevent flooding and erosion; 06) to ensure that soil erosion and sedimentation control measures and stormwater runoff control practices are incorporated into the site planning and design process and are implemented and maintained; 07) to require practices that control wastes such as concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality; 08) to require that new development, redevelopment, and all land conversion activities maintain runoff characteristics equal to or less than predevelopment runoff characteristics; provide groundwater recharge; reduce flooding, stream bank erosion, siltation, nonpoint source pollution and property damage; and maintain the integrity of streams,channels and aquatic and wildlife habitats; 09) to require site designs that minimize non-point source pollution from stormwater runoff which would otherwise degrade water quality; 10) to require site designs that incorporate "low-impact development" (LID) practices for the construction and use of structural stormwater control facilities that can be used to meet minimum construction/alteration and post-development stormwater management, stormwater site design practices or LID practices, such as reducing impervious cover and the preservation of open space and other natural areas, to the maximum extent practicable; 11) to require construction/alteration and post-development storm water management standards and design criteria for the regulation and control of stormwater runoff quality and quantity; 12) to require provisions for the long-term responsibility and maintenance of structural stormwater control facilities and nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety; 13) to comply with state and federal statutes and regulations relating to stormwater discharges; 14) to establish the Town of Newbury as the legal authority to ensure and enforce compliance with the provisions of this By-Law through inspection, monitoring, and enforcement; 15) to establish decision-making processes relative to the land-disturbing development activities that protect the integrity of all surface and groundwaters, promote groundwater recharge and preserve the health of wetland and water resources; and 16) to establish provisions that ensure that there is an adequate funding mechanism, including surety, for the proper review, inspection, and long-term maintenance of stormwater facilities implemented as part of this By-Law. (2) DEFINITIONS ABUTTER: The owner(s)of land abutting the activity. 11 AGRICULTURE: The normal maintenance or improvement of land in agricultural or aqua-cultural use, as defined by the Massachusetts Wetlands Protection Act G.L. c. 131, § 40, and its implementing regulations. ALTERATION OF LAND: An activity on an area of land that changes the water quality, force, direction, timing or location of runoff flowing from the area. Such changes include: change from distributed runoff to confined, discrete discharge; change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater in the area. ' APPLICANT: Any person, individual, partnership, association, firm, company, corporation, trust, authority, agency, department or political subdivision of the Commonwealth or the Federal government, to the extent permitted by law,requesting a soil erosion and sediment control permit for proposed land-disturbance activity. AUTHORIZED ENFORCEMENT AGENCY: The Planning Board, its employees or agents designated to enforce this By-Law. BEST MANAGEMENT PRACTICE (BMP): An activity, procedure, restraint, or structural improvement that is recognized to be the most effective and practical means to reduce the quantity or improve the quality of stormwater runoff. COASTAL: The Atlantic Ocean and all contiguous saline bays, inlets, and harbors within the jurisdiction of the Commonwealth, including areas where fresh and salt waters mix and tidal effects are evident, or any partially enclosed body of water where the tide meets the current of a stream or river(314 CMR 10.0). CONSTRUCTION AND WASTE MATERIALS: Excess or discarded building or site materials, including but not limited to concrete truck washout, chemicals, litter and sanitary waste at a construction site that may adversely impact water quality. CLEARING: Any activity that removes the vegetative surface cover, including,but not limited to, grubbing. .g DEVELOPMENT: The modification of land to accommodate a new use or expansion of use, usually involving construction. DISTURBANCE OF LAND: Any action that causes a change in the position, location, or arrangement of soil, sand,rock,gravel, or similar earth material. ENFORCEMENT OFFICER: Town's authorized agent to enforce construction and post construction stormwater run-off controls as specified in the Stormwater Management Rules and Regulations. EROSION: The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles. EROSION AND SEDIMENT CONTROL PLAN: A document containing narrative, drawings, and details which includes BMP's, or equivalent measures designed to control surface runoff, erosion and sedimentation during pre-construction and construction related land disturbances. The plan is required as part of the application for a Stormwater Management Permit. GRADING: Changing the level or shape of the ground surface. GRUBBING: The act of clearing land surface by digging up roots and stumps. ' ILLICIT CONNECTION: A surface or subsurface drain or conveyance, which allows an illicit discharge into the municipal storm drainage system, including without limitation sewage, process wastewater, or wash water and any connections from indoor drains, sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this By-Law. ILLICIT DISCHARGE: Direct or indirect discharge to the municipal storm drainage system, that is not composed entirely of stormwater, except as exempted in §87-4 (d). The term does not include a discharge in compliance with a NPDES Stormwater Discharge Permit or a Surface Water Discharge Permit, or resulting from fire fighting activities exempted pursuant to §87-4 (d). 12 �6S IMPERVIOUS SURFACE: Any material or structure on or above the ground that prevents water infiltrating the underlying soil. Impervious surface includes without limitation roads, paved parking lots, sidewalks, and roof tops. Impervious surface also includes soils, gravel driveways, and similar surfaces with a high runoff coefficient(Rational Method),as determined by the Planning Board. LAND-DISTURBING ACTIVITY: Any activity that causes a change in the position or location of soil,sand,rock, gravel,or similar earth material. LOW IMPACT DEVELOPMENT (LID): A Stormwater Management approach and set of practices incorporated into development or redevelopment designs to reduce runoff and pollutant loadings in the runoff as close to its source(s) as possible that protect downstream resources from adverse degradation while minimizing the extent of clearing and maximizing groundwater recharge. MASSACHUSETTS ENDANGERED SPECIES ACT: (G.L. c. 131A) and its implementing regulations at(321 CMR 10.00) that prohibit the "taking" of any rare plant or animal species listed as Endangered,Threatened,or of Special Concern. MASSACHUSETTS STORMWATER MANAGEMENT REGULATIONS: The Regulations as contained within the Massachusetts Wetlands Protection Regulations (310 CMR 10.00) and Massachusetts 401 Water Quality Certificate Regulations(314 CMR 9.00). MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or municipal storm drain system: The various systems of conveyances designed or used for collecting or conveying stormwater, includingan road with a drainage system, street utter, curb inlet i y g y , g ,piped storm dram, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Newbury. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PERMIT FOR DISCHARGES FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES: Permit required by the EPA for construction activities that disturb one acre or more of land, either by itself or as part of a larger development. Permit requires a Notice of Intent(NOI) to be submitted to the EPA and the development of a Stormwater Pollution Prevention Plan (SWPPP). NPDES PHASE H REGULATED AREA: The area within Newbury identified by the U.S. Environmental Protection Agency as "Designated MS4 Area" under the NPDES Phase H Stormwater Program. See map entitled, "NPDES Phase II Stormwater Program Automatically Designated MS4 Areas,Newbury,Massachusetts"as may be amended. NON-POINT SOURCE (NPS) POLLUTION: Pollution of surface or groundwater supplies originating from land use activities and/or the atmosphere,having no well-defined point of entry. OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed. OUTFALL: The point at which stormwater flows from a discernible, confined and discrete point source into waters of the Commonwealth. OWNER: A person with a legal or equitable interest in property. PERSON: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer,employee,or agent of such person. POINT SOURCE:, Any discernible, confined, and discrete conveyance, including, but not limited to, any pipe,ditch,channel,tunnel, conduit,well, discrete fissure, or container from which pollutants are or may be discharged. POLLUTANT: Any element or property of sewage, agricultural, industrial, or commercial waste, runoff, leachate,heated effluent, or other matter in whatever form, and whether originating at a point or introduced into any sewerage system, treatment works,wetlands or waters of the Commonwealth. PRE-CONSTRUCTION: All activity in preparation for construction. PRIORITY HABITATS AND ESTIMATED HABITATS AND CERTIFIED VERNAL POOLS: Estimated habitats delineated for state-protected rare wildlife and certified vernal pools for 13 �b use with the Wetlands Protection Act Regulations (c. 310 CMR 10.00), Priority Habitats, for use with the MA Endangered Species Act Regulations (c. 321 CMR 10.00) and the Forest Cutting Practices Act Regulations(304 CMR 11.00). REDEVELOPMENT: Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface. SEDIMENT: Mineral or organic soil material that is transported by wind or water from its origin to ' another location; the product of erosion processes. SEDIMENTATION: The process or act of deposition of sediment. SITE: Any lot, parcel of land, or area of property where land-disturbing activities are, were, or will be performed. SLOPE: The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance. SOIL: Any earth, sand,rock,gravel,or similar material. STABILIZATION: The use, singly or in combination, of mechanical, structural, or vegetative methods to prevent or retard erosion. STORMWATER: Rainfall runoff,snow melt runoff, and surface water runoff and drainage. STORMWATER MANAGEMENT PERMIT (SMP): A permit issued by the Planning Board, after review of an application, plans, calculations, and other supporting documents designed to protect the environment of the Town from the deleterious affects of uncontrolled and untreated stormwater runoff. STORMWATER MANAGEMENT PLAN: A plan required as part of the application for a ' Stormwater Management Permit. A document containing narrative, drawings and details that include best management practices, or equivalent measures designed to control surface runoff, erosion and sedimentation and illicit connections during pre-construction and construction related land disturbance activities. STRIP: Any activity which removes the vegetative ground surface cover, including tree removal, clearing, grubbing, and storage or removal of topsoil, TOTAL SUSPENDED SOLIDS (TSS): Material, including, but not limited to, silts, sediments and particulates suspended in stormwater runoff. VERNAL POOL: A confined basin depression which, at least in most years, holds water for a minimum of two continuous months during the spring and/or summer, and which are free of adult fish populations. These areas are essential breeding habitat, and provide other extremely important wildlife habitat functions during non-breeding season as well, for a variety of amphibian species such as wood frog (Rana sylvatica) and the spotted salamander (Ambystoma macultum), and are important habitat for other wildlife species. WATERCOURSE: A natural or man-man channel through which water flows, including a river, brook, stream,underground stream,pond or lake. WATER QUALITY: Systematic application of standards to describe water pursuant to the Massachusetts Surface Water Quality Standards(314 CMR 4.00). ' WETLAND RESOURCE AREA: Area specified in the Massachusetts Wetlands Protection Act G.L. c. 131, §40 and the Town's Wetlands By-Law(Chapter 95). (3) AUTHORITY (a) This By-Law is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34 14 (b) Nothing in this By-Law is intended to replace the requirements of any other By-Law that has been or may be adopted by the Town of Newbury. (4) APPLICABILITY (a) This By-Law shall apply to all activities that result in the alteration or disturbance of one or more acres of land that drain to the Town of Newbury's MS4. Except as authorized by the Planning Board in a Stormwater Management Permit or as otherwise provided in this By- Law, no person shall perform any activity that results in disturbance of an acre or more of land. (b) In addition, as authorized in the Phase II Small MS4 General Permit for Massachusetts, storm water discharges resulting from the above activities that are subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Regulations as reflected in a final Order of Conditions issued by the Conservation Commission or the Department of Environmental Protection are exempt from compliance with this By-Law. (c) No person may alter or disturb any land equal to or greater than one acre, or less than one acre that is part of a larger common plan of development or sale, that will ultimately alter or disturb any land equal to or greater than one acre th at drams into the Town of Newbury MS4 without a Stormwater Management Permit from the Planning Board. (d) Construction activities that are exempt are: 01) Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulations 310 CMR 10.04 and MGL Chapter 40A, section 3; 02) Maintenance of existing landscaping, gardens,or lawn areas associated with a single family dwelling provided such maintenance does not include the addition of more that 100 cubic yards of soil material, or alteration of drainage patterns; 03) The construction of fencing that will not substantially alter existing terrain or drainage patterns; 04) Normal maintenance of Town owned public land, ways, and appurtenances, including minor road repair, emergency repairs to any stormwater management facility or practice that poses a threat to public health or safety, or further maintenance activities as deemed necessary by the Planning Board. 05) Activities that are subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Regulations as reflected in an Order of Conditions issued by the Conservation Commission; 06) Water line flushing; 07) Construction activities that receive a waiver from EPA under the provisions of 40 CFR §122.26 (b) (15) (i) as included in Newbury's NPDES Permit identified above in(1)Purpose. 08) Construction of utilities other than drainage(e.g. gas, water, electric,telephone, etc.) which will not alter terrain or drainage patterns; 09) Emergency work to protect life,limb,or property. (5) ADMINISTRATION (a) The Planning Board shall administer, implement and enforce this By-Law. Any powers granted to, or duties imposed upon, the Planning Board may be delegated in writing by the Planning Board or its authorized agent to such individual or individuals as the Board or its agent may, from time to time, deem appropriate. (b) Waiver. The Planning Board may waive strict compliance with any requirement of this By- Law or the rules and regulations promulgated hereunder,where such action: 01) is allowed by federal, state and local statutes and/or regulations; 15 02) is deemed to be in the public interest; and 03)is consistent with the purpose and intent of this By-Law. (c) Public Hearing. The Planning Board shall hold a public hearing within sixty-five (65) days of the receipt of a complete application and shall take final action within ninety (90) days from the time of the close of the hearing unless such time is extended by agreement between the applicant and the Permit Authority. Notice of the public hearing shall be given by ' publication and posting and by certified mail or certificates of mailing at the Applicant's expense to abutters at least fourteen (14) days prior to the hearing. The Planning Board shall make the application available for inspection by the public during business hours at the Newbury Town Hall. (d) Information requests. The applicant shall submit all additional information requested by the Planning Board to issue a decision on the application. (e) The Planning Board may; 01) Approve the SMP (Stormwater Management Permit)Application and issue a permit if it finds that the proposed plan will protect water resources and meets the objectives and requirements of this By-Law; 02) Approve the Stormwater Management Permit Application and issue a permit with conditions, modifications or restrictions that the Planning Board determines are required to ensure that the project will protect water resources and meets the objectives and requirements of this By-Law; 03) Disapprove the Stormwater Management Permit Application and deny the permit if it finds that the proposed plan will not protect water resources or fails to meet the objectives and requirements of this By-Law. (f) Failure of the Planning Board to take final action. Failure of the Planning Board to take , final action upon an Application within the time specified above shall be deemed to be approval of said Application.Upon certification by the Town Clerk that the allowed time has passed without the Planning Board's action, the Stormwater Management Permit shall be issued by the Town Clerk. (6) RULES AND REGULATIONS (a) The Planning Board shall adopt, and periodically amend rules and regulations to effectuate the purposes of this By-Law. Failure by the Planning Board to promulgate such rules and regulations shall not have the effect of suspending or invalidating this By-Law. The Rules and Regulations shall include, at a minimum, Permits and Procedural Requirements; Stormwater Management Plan Requirements; Operation and Maintenance Plan Requirements, etc. (7) FEE STRUCTURE (a) Fees: Stormwater Management review fees shall be governed and set by the Planning Board and shall be assessed to the owner and/or the applicant. Such fees may include a deposit for review by a consultant selected by the Town. The amount of fees shall be as listed in the Stormwater Management Rules and Regulations and administered in accordance with § 117- 46 through§ 117-48 of the Town's Regulations for the Subdivision of Land. (8) ENFORCEMENT (a) The Planning Board or its authorized agent shall enforce this By-Law, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations, in accordance with the regulations. (b) Any person violating any provision of this By-Law may be fined $300.00 for each offense. Each day such violation continues shall constitute a separate offense. Fines may be levied pursuant to G.L. c. 40, § 21, or, in the alternative, the Planning Board, its authorized agents, police officers, or any other person having police powers, may impose such specified penalties pursuant to the non-criminal disposition provisions set forth in G.L. c. 40, § 21D. (9) SEVERABILITY 16 �1b (a) If any provision, paragraph, sentence, or clause of this By-Law shall be held invalid for any reason, all other provisions shall continue in full force and effect. Appedix A NPDES Phase 11 Stormwater Program Automatically Designated MS4 Areas,Newbury, Massachusetts Map Created: 11/18/02;US EPA—New England GIS Center OR ACT IN RELATION THERETO. MOVED SECONDED UNANIMOUS ARTICLE 30. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS, ARTICLES H, III, AND VI, TO ADD PROVISIONS FOR A NEW USE DISTRICT,THE UPPER GREEN BUSINESS DISTRICT,AS FOLLOWS: 1. Insert in Article II, §97-2. B.(2)Written Description of Use Districts: (h) Upper Green Business: An area to the east and north of the Upper Green on High Road encompassing Lots 1, 2, 3, 31, 34, 48, and 49 on Assessors' Map U-06 and Lot 42 on Assessors' Map U-07 and as shown on the Town of Newbury Zoning Map as amended. 2. Insert in Article III, §97-3. Regulations of Use Districts: J. Upper Green Business. (1) Allowed Uses: (a) Town building; (b) Single and two family residences; (c) 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, gift, stationery, or antiques shop or photographer's studio; (d) 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; (e) Indoor eating establishment; (f) Bank or similar financial institution; (g) Real estate,professional or similar offices; (h) Roadside stand for sale of principally local farm produce; (i) Theater,craft shop,or other arts related business; (j) Religious or educational establishment; (k) Child day care center or school-aged child care program; (1) Home occupations as provided for in § 97-I0C; (m) Mixed use structures. (2) Prohibited uses: (a) 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 17 y/a or dwelling in the neighborhood, contaminate ground water, pollute streams or other atmospheric pollutant beyond the lot on which such use is conducted; (b) Kiosks and similarly sized service booths and detached structures, machines, or booths, the sole purpose of which is to dispense or provide products, services, or entertainment, including, but not limited to financial information or transaction services; (c) Drive-in retail establishments regularly serving food or dispensing merchandise ' from inside a building to persons seated in their automobiles on the premises; (d) 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); (e) Outdoor storage of fuel supplies and fuel products; (f) Public parking garage or storage of commercial vehicles and used car sales and/or used car storage. (3) Uses by Special Permit: (a) Bed&Breakfast establishments as provided for in §97-5B. (b) Multi-family dwellings,up to a limit of four units. (4) Other District Specific Applicable Regulations: (a) Building materials and,style shall be in keeping with the historic and rural character of the area. Dumpsters and other storage shall be fenced or otherwise out of view; (b) The surrounding area shall be protected from the proposed use on the site by provision of adequate surface water drainage, buffers against light, sight, sound, , vibration, odors, dust and other air pollution and the preservation of adequate light and air; (c) The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas and public ways shall be provided for; (d) Environmental features of the site and surrounding areas shall be protected; (e) The site plan shall be consistent with the Master Plan; (f) The proposed building scale and/or site development plan is consistent with the surrounding neighborhood; (g) All signs shall be in accordance with the sign regulations for the pertinent district and materials used shall be in keeping with the historic character and public spaces of the Upper Green; (h) All variances or special permits required from the Board of Appeals have been granted; (i) These regulations are intended to preserve the historical and rural character of the area while allowing business enterprises that serve the needs of the local residents. (j) Notwithstanding the above, regulation of uses and structures referred to in G.L. c. , 40A, § 3 (exemptions from zoning) shall be limited to the extent allowed under said section of the General Laws. 3. Insert in Article VI, §97-6.B.Table of Dimensional Requirements: UGB, Lot area — 20,0001 s.f. , frontage — 100 feet, Property Line Setback — 10 feet, Street Setback—20 feet, Footprint—no limitation,Maximum Lot Coverage—25%,Height—35 feet. OR ACT IN RELATION THERETO. 18 DAVID MOUNTAIN, CHAIRMAN OF THE PLANNING BOARD, REQUESTED APPROVAL OF THIS ARTICLE. MOVED SECONDED VOTE: UNANIMOUS(2/3 VOTE REQUIRED) ARTICLE 31. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS,ARTICLE X,GENERAL REGULATIONS,TO ADD SECTION 97-10.E. SMALL WIND ENERGY SYSTEMS,AS FOLLOWS: §97-10.E. Small Wind Energy Systems. (1) Purpose: To provide for the construction and use of small wind energy systems (SWES)as an alternative energy source to reduce or eliminate the on-site consumption of utility- supplied electricity. (2) Applicability: This section applies to small wind energy systems no greater than 60 kilowatts of rated nameplate capacity constructed as accessory use to the primary use of a property and intended to utilize energy from the wind to provide power to the primary use or a use accessory thereto. (3) Permitted Use: SWES shall be permitted for the applications stated above,provided that they meet the following requirements: (a) Freestanding SWES Height: '120 feet maximum. (b) Rooftop SWES Height: 120 feet maximum,including the height of the structure to which it is attached. (c) Setback: Each wind energy system and its associated equipment shall comply with the building setback provisions of the zoning district in which the facility is located. In addition,to ensure public safety and to protect the interests of neighboring property owners, a wind turbine shall not be erected nearer to any property line than a distance equal to the height of the wind turbine plus an additional ten feet. (d) Noise: SWES shall conform to the provisions of the Department of Environmental Protection's Division of-Air Quality Noise Regulations(310 CMR 7.10) A source of sound will be considered to be in violation of the Department's noise regulation if the source: 01) Increases the broadband sound level by more than 3 dB(A)above ambient, or 02) Produces a"pure tone"condition—when any octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more. These criteria are measured both at the property line and at the nearest off site inhabited residence. Ambient is defined as the background A-weighted sound level that is exceeded 90%of the time. (e) Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the Wind Energy Conversion System and is otherwise prescribed by applicable laws,regulations, and By-Laws. (f) Color and Finish: SWES shall remain painted or finished in the non-reflective, solid,neutral color that was originally applied by the manufacturer. (g) Lighting and Signage: 01) Wind turbines shall be lighted only to the extent required by the Federal Aviation Authority(FAA). Lighting of other parts of the Wind Energy. Conversion System, such as appurtenant structures,shall be limited to that required for safety and operational purposes,and shall be reasonably shielded from abutting properties. 02) Signs shall be limited to the manufacturer's"nameplate"and signage needed to identify the property,owner and warn of any danger. Otherwise, 19 all signs shall comply with the requirements of the Town of Newbury's Sign Regulations, §97-8. (h) Shadowing and Flicker: Small Wind Energy Systems shall be sited in a manner that minimizes shadowing or flicker impacts on abutting properties. (i) Tower and Foundation Design: The design of the tower and any supporting foundations shall be certified by a Professional Structural Engineer registered in the Commonwealth of Massachusetts to be in conformance with the Massachusetts State Building Code(780 CMR). , Compliance with FAA Regulations: SWES shall comply with all applicable FAA �) P � P Y PP regulations, including any necessary approvals for installations close to airports. (k) Unauthorized Access: SWES and appurtenant structures shall be designed and constructed to prevent unauthorized access to entry and/or climbing. (1) Maintenance: The property owner shall maintain the SWES in good condition. Maintenance shall include,but is not limited to,painting, structural repairs,and integrity of security measures. (m) Abandonment or Decommissioning: Any above ground components of a SWES which has reached the end of its useful life or has been abandoned or is being decommissioned shall be removed and the site on which it is located shall be returned to the same state it was prior to installation of the SWES. A SWES shall be considered to be abandoned when it fails to operate for one year. Upon a Notice of Abandonment issued by the Building Inspector,the SWES owner will have 30 days to provide sufficient evidence that the system has not been abandoned. If sufficient evidence is not provided,the Town of Newbury shall have the authority to enter the owner's property and remove the system at the owner's expense. (n) Secondary Uses: No part of any SWES shall be used for any purpose than the one , for which it was designed, e.g. advertising,cellular antennas,etc. (o) Compliance with Laws,By-Laws, and Regulations: The construction and operation of all such proposed SWES shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety,construction, environmental, electrical,communications and aviation requirements. (4) Permit Requirements: A building permit shall be required for the installation of a SWES. The building permit application shall be accompanied by deliverables including the following. (a) A plot plan showing: 01) Property lines and physical dimensions of the subject property within two times the total height from the tower location; 02) Location,dimensions,and types of existing major structures on the property within two times the total height from the tower location; 03) Location of the proposed wind system tower, foundations,guy anchors and associated equipment; 04) The right-of-way of any public road that is contiguous with the property; , 05) Any overhead utility lines. (b) Wind system specifications,including manufacturer and model,rotor diameter, tower height,tower type(freestanding or guyed). (c) Tower foundation blueprints or drawings signed by a Professional Structural Engineer licensed to practice in the Commonwealth of Massachusetts. (5) Permit Expiration: A permit issued pursuant to this By-Law shall expire if: 20 (a) The SWES is not installed and functioning within 36 months from the date the permit is issued,or (b) The SWES is abandoned. OR ACT IN RELATION THERETO. Article 31 was amended to read as follows: In§97-10.E.(3)(d)01)strike the number 3 and insert the number 10,so that the paragraph will read: "Ol)Increases the broadband sound level by more than 10 dB(A)above ambient,or" AMENDMENT MOVED,SECONDED,Vote:UNANIMOUS (2/3 VOTE REQUIRED) Insert a new paragraph(d) under§97-10.E. (4)to read: "(d) The site plan review procedures set forth in§97-9.A.(3),(4),(5),and(8)are incorporated herein as part of the application process for the approval of a building permit for the installation of a proposed SWES." AMENDMENT MOVED,SECONDED,Vote: UNANIMOUS (2/3 VOTE REQUIRED) Article 31 MOVED,SECONDED,Vote: UNANIMOUS AS AMENDED (2/3 VOTE REQUIRED) ARTICLE 32. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS,ARTICLE V—SPECIAL PERMITS GENERAL,BY ADDING §97-5.E. LARGE WIND ENERGY FACILITIES,AS FOLLOWS: §97-5.E. Large Wind Energy Facilities. (1) Purpose. The purpose of this Article is to provide by special permit for the construction and operation of on-site and utility-scale wind facilities and to provide standards for the placement, design, construction,monitoring,modification and removal of wind facilities that address public safety, give consideration to impacts on scenic,natural and historic resources of the town and provide adequate financial assurance for decommissioning. (2) Applicability: This section applies to wind energy facilities greater than 60 kilowatts of rated name plate capacity. It does not apply to small wind energy systems that fall under the requirements of§97-10.E. Small Wind Energy Systems of Newbury's zoning by-laws. (3) General Requirements: (a) Special Permit Granting Authority: The Planning Board is hereby established as the Special Permit Granting Authority(SPGA) for the issuance of special permits to construct and operate wind facilities. No wind facility shall be erected,constructed, installed or modified as provided in this section without first obtaining a permit from the SPGA. The construction of a wind facility shall be permitted in any zoning district subject to the issuance of a Special Permit and provided that the use complies with all requirements set forth in Sections 3,4, 5 and 6 herein. All such wind facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety,and environmental impacts.No special permit shall be granted unless the SPGA finds in writing that: (i) the proposed use is in harmony with the purpose and intent of this By-Law; (ii) the proposed location is appropriate on the site; (iii) the use will be sited, designed,and operated in a manner that adequately addresses the potential impacts to the neighborhood and the community; (iv) the use will not pose a significant adverse impact to the health or public safety of the neighborhood and the surrounding area; and (v) there is not expected to be any significant hazard to pedestrians or vehicles from the use. 21 I Wind monitoring or meteorological towers shall be permitted in all zoning districts subject to issuance of a building permit for a temporary structure and subject to reasonable regulations concerning the bulk and height of structures and determining yard-size, lot area, setbacks, open space,parking,and building coverage requirements (b) Compliance with Laws,By-laws and Regulations: The construction and operation of all such proposed wind facilities shall be consistent with all applicable local, state and federal requirements,including but not limited to all applicable safety, , construction,environmental, electrical,communications and aviation requirements. (c) Proof of Liability Insurance: The applicant shall be required to provide evidence of liability insurance in an amount and for a duration sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility as determined by the SPGA (d) Site Control: At the time of its application for a special permit, the applicant shall submit documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility.Documentation shall also include proof of control over setback areas and access roads, if required. Control shall mean the legal authority to prevent the use or construction of any structure for human habitation within the setback areas. (4) General Siting Standards: (a) Height: Wind facilities shall be no higher than 400 feet above the current grade of the land,provided that wind facilities may exceed 400 feet if: (i) the applicant demonstrates by substantial evidence that such height reflects industry standards for a similarly sited wind facility; (ii) such excess height is necessary to prevent financial hardship to the applicant (iii) the additional benefits of the higher tower outweigh any increased adverse impacts; and ' (iv) the facility satisfies all other criteria for the granting of a special permit under the provisions of this section. (b) Setbacks: (i) The minimum distance from the base of any wind turbine tower to any property line and private of public way shall be 1.5 times the overall blade tip height of the wind turbine. (5) Design Standards: (a) Visual Impact. The proponent shall demonstrate through project siting and proposed mitigation that the wind facility adequately addresses impacts on the visual character of surrounding neighborhoods and the community. This may include,but not be limited to, information regarding site selection,turbine design,buffering, lighting and cable layout. (b) Color and Finish: The wind facility shall be a neutral,non-reflective exterior color designed to blend with the surrounding environment. (c) Lighting: (i) Wind turbines shall be lighted only if required by the Federal Aviation ' Administration(FAA). The proponent shall provide a copy of the FAA's determination to establish the required markings and/or lights for the structure. (ii) Lighting of other parts of the wind facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. (d) Signage: Signs on the wind facility shall comply with the requirements of the Town's sign regulations, and shall be limited to: (i) Those necessary to identify the property and the owner,provide a 24-hour emergency contact phone number,and warn of any danger. 22 (ii) Educational signs providing information about the facility and the benefits of renewable energy. (iii) All signs shall comply with the plans approved and incorporated by reference in the special permit granted under this section. (e) Advertising: Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy: facility. (f) Utility Connections: Reasonable efforts shall be made to locate utility connections from the wind facility underground,depending on appropriate soil conditions,shape, and topography of the site and any requirements of the utility provider.Electrical . transformers for utility interconnections may be above ground if required by the utility provider. (g) Appurtenant Structures: All appurtenant structures to such wind facilities shall be subject to regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks,open space,parking and building coverage requirements.All such appurtenant structures,including but not limited to, equipment shelters, storage facilities,transformers, and substations, shall be I rchitecturally compatible with each other and shall be contained within the turbine. tower whenever technically and economically feasible. Structures shall only be used . for housing of equipment for this particular site. To the extent practicable; structures should be shielded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts: (h) Support Towers: Monopole towers are the only allowable form of support for the Wind Energy Facilities. 6 Safety,Aesthetic and Environmental Standards: (a) Emergency Services: The applicant shall provide a copy of the project summary and site plan to the local fire and police departments,as designated by the SPGA. Upon request the applicant shall cooperate with local police and fire in developing. an emergency response plan. (b) Unauthorized Access: Wind turbines or other structures part of a wind facility shall be designed to prevent unauthorized access. (c) Wetlands: Wind facility shall be located in a manner consistent with all applicable local and state wetland regulations. (d) Stormwater: Stormwater run-off and erosion control shall be managed in a manner consistent with applicable state and local regulations. (e) Shadow/Flicker: Wind facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant must demonstrate that this effect will not have any significant adverse impact on neighboring or adjacent uses through either siting or mitigation. (f) Noise: Wind Energy Facilities and associated equipment shall conform to"the provisions of the Department of Environmental Protection's,Division of Air Quality Noise Regulations(310 CMR 7.10). A source of sound will be considered to be in violation of these regulations if the source: (i) Increases the broadband sound level by more than 3 dB(A)above ambient, 1 or (ii) Produces a"pure tone"condition—when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more. i These criteria are measured both at the property line and at the nearest inhabited off-site residence.Ambient is defined as the background A-- weighted sound level that is exceeded 90%of the time. (g) Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction,operation and. 23 maintenance of the wind facility and is otherwise prescribed by applicable laws, regulations, and by-laws. (h) Hazardous Materials: No hazardous materials or waste shall be discharged on the site of any wind facility. If any hazardous materials or wastes are to be used on site, there shall be provisions for full containment of such materials or waste. An enclosed containment area,designed to contain at least 110 percent of the volume of the hazardous materials or waste stored or used on the site may be required to meet this requirement. , (7) Monitoring and Maintenance (a) Facility Conditions: The applicant shall maintain the wind facility in good condition.Maintenance shall include,but not be limited to,painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services.The project owner shall be responsible for the cost of maintaining the wind facility and any access road, unless accepted as a public way, and the cost of repairing any damage occurring as a result of operation and construction. (b) Modifications: All material modifications to a wind facility made after issuance of the special permit shall require approval by the SPGA as provided in this section. (c) Contact Person: The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project. (d) Change of Ownership: Notice shall be provided to the Town of any change in ownership of the facility. (8) Abandonment or Decommissioning (a) Removal Requirements: Any above ground components of a wind energy facility ' which has reached the end of its useful life or has been abandoned shall be removed. When the wind energy facility is scheduled to be decommissioned,the applicant shall notify the Town by certified mail of the proposed date of discontinued operations and plans for removal.The owner/operator shall physically remove the wind facility no more than 150 days after the date of discontinued operations.At the time of removal,the wind facility site shall be restored to the state it was in before the facility was constructed or any other legally authorized use.More specifically, decommissioning shall consist of: (i) Physical removal of all above-ground components from the site, including, but not limited to,wind turbines, structures,equipment, security barriers and transmission lines. (ii) Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations. (iii) Stabilization or re-vegetation of the site as necessary to minimize erosion. The SPGA may allow the owner to leave landscaping or designated below- grade foundations in order to minimize erosion and disruption to vegetation. (b) Abandonment: Absent notice of a proposed date of decommissioning,the wind facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the SPGA.The SPGA shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the applicant fails to remove the wind facility in , accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning,the Town shall have the authority to enter the property and physically remove the facility. (c) Financial Surety: The SPGA shall require the applicant for large wind energy facilities to provide a form of surety, either through escrow account,bond or otherwise,to cover the cost of removal in the event the town must remove the facility,of an amount and form determined to be reasonable by the SPGA,but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the SPGA. Such surety will not be required for municipally or state-owned facilities.The applicant shall submit a fully inclusive estimate of the costs associated with removal,prepared 24 by a qualified engineer.The amount shall include a mechanism for Cost of Living Adjustment. (9) Application Process&Requirements (a) Application Procedures (i) General: The application for a wind energy facility shall be filed in accordance with the rules and regulations of the SPGA concerning special permits. (ii) Application: Each application for a special permit shall be filed by the applicant with the city or town clerk pursuant to Section 9 of Chapter 40A of the Massachusetts General Laws. (b) Required Documents (i) General: The applicant shall provide the SPGA with 9 copies of the application. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.Included in the application shall be: a) Name,address,phone number and original signature of the applicant and any co-applicants. Co-applicants may include the landowner of the subject property or the operator of the wind facility. b) If the applicant or co-applicant will be represented by an agent,the name, address, and telephone number of the agent, as well as a written document with original signature of the applicant and co- applicant(s)authorizing the agent to represent them; c) Documentation of the legal right to use the wind facility site, including the requirements set forth in(9)(c)(ii)(a)of this section. (c) Siting and Design: The applicant shall provide the SPGA with a description of the property which shall include: (i) Location Map: Copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000,showing the proposed facility site,including turbine sites, and the area within at least two miles from the facility.Zoning district designation for the subject parcel should be included;however a copy of a zoning map with the parcel identified is suitable. (ii) Site Plan: A one inch equals 40 feet plan of the proposed wind facility site, with contour intervals of no more than 10 feet, signed and sealed by a Registered Professional Engineer or Licensed Land Surveyor showing the following: a) Street address and tax map and parcel number of the subject property; b) Zoning district designation for the subject property; c) Property lines for the site parcel and adjacent parcels within 300 feet. d) Outline of all existing buildings, including purpose(e.g.residence, garage,etc.) on site parcel and all adjacent parcels within 500 feet. Include distances from the wind facility to each building shown. e) Location of all roads,public and private on the site parcel and adjacent parcels within 300 feet, and proposed roads or driveways, either temporary or permanent. f) Existing areas of tree cover, including average height of trees, on the site parcel and adjacent parcels within 300 feet. - g) Proposed location and design of wind facility, including all turbines, ground equipment, appurtenant structures,transmission infrastructure, access, fencing, exterior lighting,etc. h) Location of viewpoints referenced below in 10.3.3 of this section. (iii) Visualizations: The SPGA shall select between`three and six sight lines, including from the nearest building with a view of the wind facility, for pre- and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a 2-mile radius of the wind facility. View representations shall have the following characteristics: 25 a) A sight-line representation shall be drawn from representative locations that show the lowest point of the turbine tower visible from each location. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening trees and buildings,both existing and proposed. There shall be at least two sight line representations illustrating the visibility of the facility from surrounding areas such as the closets habitable structures or nearby public roads or areas. , b) Existing(before)condition photographs. A color photograph of the current view shall be submitted from at least two locations to show the existing situation. c) Proposed(after)condition. Each of the existing condition photographs shall have the proposed wind facility superimposed on it to accurately simulate the proposed wind facility when built and illustrate its total height,width, and breadth. d) Representations shall include a description of the technical procedures followed in producing the photographs and the visualization(distances, angles,lens,etc.). (d) Landscape Plan: A plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting,other than FAA lights, screening vegetation or structures. Lighting shall be designed to minimize glare on abutting properties and, except as required by the FAA, shall be directed downward with full cut-off fixtures to reduce light pollution. (e) Elevations: Siting elevations, or views at-grade from the north, south,east,and west for a 50-foot radius around the proposed wind facility. Elevations shall be at one quarter inch equals one foot and show the following: W Wind facility and, if applicable,the security barrier and associated equipment,with total elevation dimensions of all parts of the facility. ' (ii) Security barrier. If the security barrier will block views of the wind facility, the barrier drawing shall be cut away to show the view behind the barrier. (iii) Any and all structures on the subject property. (iv) Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation,with approximate elevations dimensioned. (v) Grade changes, or cuts and fills,to be shown as original grade and new grade line,with two-foot contours above mean sea level. (f) Materials: (i) Specifications for the proposed wind facility shall be provided for all equipment and attendant facilities. (ii) Materials of the proposed wind facility specified by type and specific treatment. These shall be provided for the wind turbine tower and all other proposed equipment/facilities. (iii) Colors of the proposed wind facility represented by a color board showing actual colors proposed. (g) Lighting Plan: If lighting of the site or turbine is proposed(other than FAA lights), the applicant shall submit a manufacturer's computer-generated point-to-point printout,indicating the horizontal foot-candle levels at grade,within the property to be developed and 25 feet beyond the property lines. The printout shall indicate the locations and types of luminaires proposed. ' (h) Noise Filing Requirements: The applicant shall provide a statement from a qualified acoustical engineer listing the existing noise levels and the maximum future projected noise levels from the proposed wind facility,measured in decibels, for the following: (i) Existing, or ambient: The measurement of existing noise at the property boundaries,building of abutters and nearest inhabited residence. (ii) Existing plus proposed wind facility: Maximum estimate of noise from the proposed wind facility plus existing noise environment. Such statement shall be certified and signed by a qualified engineer, stating that noise 26 projections are accurate and meet the noise standards of this By-Law and applicable state requirements. (i) Operation&Maintenance Plan: The applicant shall submit a plan for maintenance of access roads and storm water controls,as well as general procedures for operational maintenance of the wind facility. (j) Compliance Documents: If required under previous sections of this By-Law,the applicant will provide with the application: (i) description of financial surety that satisfies 8(c)of this section, (ii) proof of liability insurance that satisfies Section 3(c)of this section, (iii) certification of height approval from the FAA, (iv) a statement that satisfies Section 6(f),listing existing and maximum projected noise levels from the wind facility. (k) Independent Consultants: Upon submission of an application for a special permit, the SPGA will be authorized to hire an outside technical expert/consultant to review and verify information presented by the applicant. The cost for such a technical expert/consultant will be at the expense of the applicant(s),pursuant to Massachusetts General Laws,Chapter 40A, Section 9, and Massachusetts General Laws,Chapter 44, Section 53G. I OR ACT IN RELATION THERETO. MOVED SECONDED VOTE: UNANIMOUS (2/3 VOTE REQUIRED) ARTICLE 33. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS,ARTICLE XI,ADMINISTRATION,BY INSERTING THE FOLLOWING DEFINITIONS RELATED TO WIND ENERGY SYSTEMS AND WIND ENERGY FACILITIES IN SECTION 97-11.D.(2),WRITTEN DEFINITIONS,IN THEIR CORRECT LOCATION ALPHABETICALLY: §97-11.D.(2) Written Definitions. Flicker: Alternating light and shadow caused by sunlight passing through the moving rotor of a wind turbine. Height, Wind Turbine: The distance from the average grade at the base of the tower(or structure to which it is attached)to the tip of the rotor blade at its highest point,or blade-tip height. Nacelle: The frame and housing at the top of the tower that encloses the gearbox and generator and protects them from the weather. On Site Wind Facility:A wind project which is located at a commercial,industrial, agricultural, institutional, or public facility that will consume more than 50%of the electricity generated annually by the project on-site. Rated Nameplate Capacity:The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a"nameplate"on the equipment. Rotor: The blades and hub of the wind turbine that rotate during turbine operation. Substantial Evidence: Such evidence as a reasonable mind might accept as adequate to support a conclusion. Utility-Scale Wind Facility:A commercial wind facility,where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets. Wind Energy System/Wind Energy Facility: All equipment,machinery and structures utilized in connection with the conversion of wind to electricity. This includes,but is not limited to, transmission, storage,electrical collection and supply equipment, substations,transformers, service and access roads,and one or more wind turbines. Wind Monitoring or Meteorological("test"or "met") Tower. A temporary tower equipped with anemometer,wind vane, and other equipment to measure wind speed and direction,used to determine how much wind power a site can be expected to generate. 27 �d o Wind Turbine: A single device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower,nacelle body and components, and rotor with two or more blades. OR ACT IN RELATION THERETO. MOVED SECONDED VOTE: UNANIMOUS (2/3 VOTE REQUIRED) ARTICLE 34. TO SEE IF THE TOWN WILL VOTE TO AMEND ITS ZONING BY-LAWS BY , MOVING THE WORDING PERTAINING TO COMMON DRIVEWAYS PRESENTLY SET OUT IN ARTICLE VII, SECTION 97-7.D.TO ARTICLE V, SPECIAL PERMITS GENERAL, AS A NEW SECTION 97-5.D.,OR ACT IN RELATION THERETO. MOVED SECONDED VOTE:UNANIMOUS (2/3 VOTE REQUIRED) ARTICLE 35. TO SEE IF THE TOWN WILL VOTE TO AMEND THE ZONING BY-LAWS BY REPLACING ARTICLE VII,PARKING AND COMMON DRIVEWAYS,WITH A NEW ARTICLE VII,PARKING,AS FOLLOWS: ARTICLE VII—PARKING § 97-7. Off Street Parking,Access,and Loading A. Purpose. The purpose of this Article is to establish standards ensuring the availability and safe use of parking areas.It is intended that any use of land involving the arrival,departure,or temporary storage of motor vehicles, and all structures and uses requiring the delivery or shipment of goods as part of their function,be designed and operated to: (1) Promote traffic safety by assuring adequate places for storing of motor ' vehicles off the street, and for their orderly access and egress to and from the public street; (2) Prevent the creation of surplus amounts of parking spaces contributing to unnecessary development and additional generation of vehicle trips, resulting in traffic congestion and traffic service level deterioration on roadways; (3) Reduce hazards to pedestrians and increase pedestrian connectivity between and within sites; (4) Reduce unnecessary amounts of impervious surface areas from being created; (5) Protect adjoining lots and the general public from nuisances and hazards such as: a) noise, glare of headlights, dust and fumes resulting from the operation of motor vehicles; b) glare and heat from parking lots; and c) lack of visual relief from expanses of paving. (6) Increase the mobility and safety for bicyclists; and (7) Reduce other negative impacts such as carbon output. , B. Applicability. No building permit or certificate of occupancy shall be issued for the erection of a new building, the enlargement or increase in the net floor area of an existing building,the development of a use not located in a building, or the change from one type of use to another, unless off-street parking spaces, loading bays and bicycle parking are provided in accordance with this bylaw. 28 -7 (1) Exception: Where the net floor area of an existing single or two-family residence is increased,no change in existing parking will be required if the building inspector determines that the increase is minor and will not affect the parking requirement. C. Access (1) Driveways for single and two-family residences shall have a minimum width of 9 feet. (2) Driveways for all other uses shall have a minimum width of twelve(12) feet for one-way traffic, and eighteen(18) feet for two-way traffic,and shall meet the following requirements: a Clearance: Traveled way shall have a 2( ) y two( )foot shoulder on each side,and the entire way shall be maintained clear of any obstructions (e.g.; light poles,mailboxes,trees and limbs, shrubs, etc.). (b) Grades: Centerline grade shall be no less than one(1)per cent nor greater than fifteen(15)percent,except that no grade change shall exceed ten(10)percent over a distance of twenty(20) feet. Side shoulder grade shall not exceed five (5)percent, and shall slope away from the traveled way to direct water to the sides. (c) Curves: Minimum centerline radius shall be not less than one hundred (100)feet. (d) Overhead Clearance: The space thirteen(13)feet,nine(9)inches above the driveway shall be maintained clear of wires,branches,or any other obstructions. D. Parking (1) One-and Two-Family Residential Parking (a) A minimum space of eight(8) feet by eighteen(18) feet shall be provided for each vehicle. (b) Required minimum parking spaces: TYPE OF RESIDENCE MINIMUM NUMBER OF SPACES f One-&two-family 2 per dwelling unit Accessory apartment, 1 per unit Bed&Breakfast 1 per rental unit/guest room plus 2 spaces per dwelling unit 1 (c)For parking associated with developments requiring a special permit,the Planning Board by special permit may reduce the minimum required number of parking spaces by a maximum of twenty-five (25%)percent, based on a determination that the specific style of development requires fewer spaces than otherwise required by the general standards set out above. (2) General Parking (a) On site and off street parking and loading shall be provided in accordance with the table below,unless otherwise specified by special permit or elsewhere in this By-Law: GENERAL PARKING AND LOADING REQUIREMENTS USE' PARKING SPACES LOADING Minimum Minimum Assembly: 0.3 per 1,000 s.f. Gross Floor See Note 3 below Area(GFA)unless otherwise 29 noted(u.o.n.)z a) Restaurant,nightclub,banquet 0.3 per seat rated capacity, hall, meeting hall, adult plus 1 per employee entertainment club, tavern and bar b) Church/places of worship, 1 per 5 seats rated capacity auditorium, theater c) Health Club 6 per 1,000 s.f. GFA Business: 0.3 per 1,000s.f. GFA u.o.n. See Note 3 below ' a) Animal hospital/veterinary 1 per doctor plus 1 For each clinic employee plus 1 per P examining room b) Bank 1 per 400 s.f. GFA c) Barber and beauty shop 2 per each practitioner plus 1 for each additional employee J d) Civic administration 1 per 400 s.f. GFA J e) Educational(above 12"grade) 1 per 400 s.f. GFA J f) Medical/dental office I per doctor,plus one per employee,plus 1 per examining room g) Professional services office 1 per 400 s.f. GFA (attorney, architect, engineer, etc.) h) Motor vehicle repair/service 1 per employee plus 3 per bay station J Educational: See Note 3 below J a) Nursery School/Daycare 1 per 5 students,plus 1 per teacher and/or staff b) K-8 1.5 per classroom J c) 9-12 0.2 per student plus 1 per , staff Factory and Industrial: 2 per 1,000 s.f. GFA See Note 3 below J Institutional: See Note 3 below J a) Nursing homes/Rehabilitation 1 per 2 employees plus 1 per Facilities doctor plus 1 per 2 beds b) Adult care facility 1 per staff plus 1 per 2 residents c) Police Station/Fire Station 1 per staff on largest shift plus 2 per each official vehicle Mercandle/Retail: 0.3 per 1,000 s.f. GFA u.o.n. See Note 3 below J a) Drug stores 3 per 1,000 s.f. GFA J b) Markets 3 per 1,000 s.f. GFA J c) Retail or wholesale stores 3 per 1,000 s.f. GFA J d) Showrooms 0.5 per 1,000 s.f. GFA J � J Residential(other than one- and two- See Note 3 below family dwellings): J a) Hotel/motel/inn 1 per guest room or suite plus 1 per employee on largest ' shift,plus 50%of spaces required for accessory uses b) Multi-family dwellings 2 per dwelling unit for the first 2 units and 1.5 per unit for all subsequent units c) Dormitories 1 per teacher and staff plus 1 parking space for each sleeping room d) Assisted living residence 1.5 per unit Warehouse/Storage: 1 per each employee on the See Note 3 below J 30 largest shift Utility and Miscellaneous: 1 per 1,000 s.f. GFA See Note 3 below Uses Not Otherwise Specified in this Spaces sufficient to See Note 3 below Table accommodate on site all users of the facility,as established through documentation submitted to satisfy special permit or site plan review, which ever may apply, or if no such requirements apply, documentation to the satisfaction of the Building Inspector 1. For purposes of this table,Use refers to Use and'Occupancy classifications in accordance with Massachusetts 780 CMR 3.00, Seventh Edition. 2. Parking calculated per person or per Gross Floor Area(GFA)unless otherwise noted. 3. Loading spaces: All uses indicated above and other uses with regular delivery and/or shipping activity shall provide loading spaces according to the following: 5,000-20,000 s.f. GFA 1 space 20,001-50,000 s.f. GFA 2 spaces 50,001-100,000 s.f.GFA 3 spaces Every additional 100,000 s.f. GFA 1 space (b) Maximum numbers of parking spaces No maximum limits have been included in the table in§ D.(2).(a); above; however development plans which actively seek to keep both parking spaces and associated impervious surfaces to a functional and sufficient minimum will be strongly encouraged in order to reduce run off and heat retention. See §97-7.A.(1)and—A.(4)above. (c) Other parking area design The following shall apply: (01) Parking spaces: Each parking space shall be provided direct access to an aisle or driveway. Parking spaces shall each provide space adequate to park an automobile,plus means of access,with dimensions meeting standards for standard and compact automobiles established by the Planning Board in the Rules and Regulations which accompany this bylaw. Spaces shall be clearly delineated by signage,wheel stops, or lines on the pavement(if paved). (02) Size: Standard parking spaces shall be a minimum of 9 feet wide by 18 feet long. i (03) All weather usability: All areas used for required parking and vehicular travel shall be provided with a base and surface that will support the intended use for all weather conditions, or unless,in performing Site Plan Review(see §97-9.A),the Planning Board determines that,because of seasonal or otherwise limited use,an alternative surface will adequately prevent dust, erosion,water accumulation or unsightly conditions. (04) Location: All required parking shall be provided onsite,or in the same zoning district within 250' and in the same ownership of the subject property. (05) Backing prohibited:No parking space shall be located to require backing to or from a street. (06) For Parking Lots for ten(10)or more vehicles,the parking area design shall be subject to Site Plan Review(see§97-9.A) and to the Stormwater Management By-Law(see §87) 31 (07) . Lighting_ all lights illuminating a parking area shall be designed and located so as to direct light away from any street and adjacent property,shall be limited to no more than 10,000 lumens per fixture, and shall be restricted in height to a maximum of twenty (20)feet. No low-pressure sodium vapor lighting shall be permitted. (08) Grades:No area used for required parking shall exceed two(2) percent in grade in any direction. ' (09) Computation: When unit of measurement determining number of required parking spaces result in a fraction of a space, any fraction over one-half shall require an additional space. (10) For parking associated with uses requiring a special permit,the Planning Board by special permit may reduce the required number of parking spaces by a maximum of twenty-five (25%)percent, based on a determination that the specific use requires fewer spaces than otherwise required by the general standard. (11) Snow storage: One or more areas abutting the parking area(s) shall be provided, at the rate of forty(40) square feet per parking space, for the storage of plowed snow. (12) Multiple uses: When a lot includes more than one principle use, parking shall be provided in an amount equal to the sum of the requirements of the individual uses, except where shared spaces may be possible in the case of distributive use times. (13) Handicapped parking shall comply with Massachusetts 521CMR and all applicable Federal laws and regulations which require additional or higher standards of compliance than Mass. 521CMR. E.Loading (1) Loading spaces: for provision of required spaces see table in D.(2) above. (a) Each loading space shall measure a minimum of ten(10) feet in width by forty(40))feet in length; shall not be an area designated for parking or other use; and shall not be located within twenty(20) feet of any single or two-family residential property or street. (b) Other Loading Requirements: All loading shall be on the same lot as the principle use. (c) Backing prohibited:No loading space shall be located to require backing to or from a street. OR ACT IN RELATION THERETO. MOVED SECONDED VOTE:UNANIMOUS (2/3 VOTE REQUIRED) ARTICLE X TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS,ARTICLE XI,ADMINISTRATION, SECTION 97-11.D.(2),WRITTEN DEFINITIONS,AS FOLLOWS,WITH NEW AND AMENDED DEFINITIONS TO BE INSERTED IN THEIR CORRECT LOCATION ALPHABETICALLY: §97-11.D.(2) Written Definitions. 1. Add: `Alteration: Any construction,addition, or renovation to an existing structure, other than repair,that requires a permit. Also, a change in a mechanical system that involves an extension,addition, or change to the arrangement,type, or purpose of the original installation and that requires a permit." 2. Add: "Dwelling,Multi-Family:A building providing three or more dwelling units." 32 3. Delete in its entirety: "Family: Man and Wife,or either one separately,with dependent children or other close relatives." 4. Add commas and the words"structure and/or"to the definition for Footprint,so that the revised definition reads: "Footprint: Shall mean the total square feet within the outermost dimensions of a structure and/or building,including decks, porches, and staircases,without deduction for hallways, stairs,closets,thickness of walls,columns, or other features." 5. Replace the word"building"with the word"structure"in the definition for Lot Coverage,Maximum, so that the revised definition reads: "Lot Coverage, Maximum: shall be determined by dividing the sum of all structure footprints, by the area of the lot on which they are located." 1 6. Delete in its entirety: "Building Height: shall mean the height of the building as measured from the mean level of the established grade at the building to the mean height of the roof." 7. Delete in its entirety: "Height. The dimension in feet as measured from the mean level of the established grade at the building to the mean height of the roof." 8. Add: "Height,Building:The dimension in feet as measured from the mean level of the established grade at the building to the mean height of the highest roof." 9. Add: "Basement: That portion of a building that is partly or completely below grade(see"Story above Grade"). 10. Add: "Story: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above,excluding attics that have no habitable area and that are used solely for storage and to house mechanical equipment. Intermediate level(s) such as mezzanines, lofts, and penthouses shall be counted as a story." 11. Add: "Story above Grade: Any story having its finished floor surface entirely above grade,except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is: a. More than 6 feet(1829 min)above grade plan; b. More than 6 feet(1829 mm)above the finished ground level for more than 50 percent of the total building perimeter; c. More than 12 feet(3658 mm)above the finished ground level at any. point." 12. Add: "Grade Plane:A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls,the reference plane shall be established by the lowest points within the area between the building and the lot line or,where the lot line is more than six feet(1829 min) from the building, between the building and a point six feet(1829 mm)from the building." 13. Add: "Structure: That which is built or constructed,excluding ground level driveways and walkways, and fences and retaining walls." 14. Revise Use,Accessory in its entirety to read: "Use,Accessory: A purpose subordinate to and dependent upon the principal use of a lot." I OR ACT IN RELATION THERETO. DAVID MOUNTAIN,PLANNING BOARD CHAIRMAN,RECOMMENDS APPROVAL OF THIS ARTICLE. MOVED SECONDED VOTE:UNANIMOUS (2/3 VOTED REQUIRED) 33 I 'Y/ ARTICLE 37. To see if the Town will vote to assume liability in the manner provided by Section 29, 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 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. MOVED SECONDED VOTE:ARTICLE PASSES ARTICLE 38. 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. MOVED SECONDED VOTE: ARTICLE PASSES TONY PENSKI MOTIONED TO ADJOURN AT 9:45 PM SECONDED AND CARRIED I would like to take this opportunity to mention what a great job Joan Weyburn, our newly elected Town Moderator, did in presiding over our Town Meeting! Respectfully Submitted, Anne Hatheway, Town Cle . I 34 TOWN OF NEWBURY SPECIAL TOWN MEETING OCTOBER 27, 2009 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 i 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 OCTOBER AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ: i ARTICLE 1. To see if the Town will transfer from the Land Sale Fund the sum of$135,000.00 for the Town's share of the Plum Island Beach Nourishment Project, or act in relation thereto. ARTICLE 2. To see if the Town shall vote to adopt the following: Grant the Newbury Board i an all action including but not limited to the use of the of Selectunenn the authority to take any d g � eminent domain act of the Commonwealth of Massachusetts to acquire temporary construction and permanent access easements required by the Anny Corps of Engineers and Department of i Recreation and Conservation to protect the Plum Island sewer &water system, life, property and public safety. By petition of Daniel Mahoney and over one hundred (100) others ARTICLE 3. To see if the Town will vote, pursuant to G.L.c.79, to authorize the Board of Selectmen to take by eminent domain and execute an order of taking of temporary construction and permanent public access and beach management easements in final locations as the Selectmen may determine, on, over, and across portions of the properties situated at 58 & 60 Northern Boulevard as required for the Plum Island Beach Nourishment Project being undertaken on behalf of the Town by the Army Corps of Engineers and to raise and appropriate or transfer from available finds a sum of money therefore, or act in relation thereto. ARTICLE 4. To see if the Town will take from the Stabilization Fund the sum of$100,000.00 for the purpose of finding a revenue deficit in Fiscal Year 2009, or act in relation thereto. ARTICLE 5. To see if the Town will take from the Stabilization Fund the surn of$15,000.00 for the purpose of finding the Unemployment Compensation Fund, or act in relation thereto. i ARTICLE 6. To see if the Town will vote to reduce the Conservation Commission Agent Salary line-item by $37,500.00 in the Fiscal Year 2010 budget, or act in relation thereto. ARTICLE 7. To see if the Town will vote to reduce the Conservation Counnission Wages line- item by$7,500.00 in the Fiscal Year 2010 budget, or act in relation thereto. ARTICLE 8. To see if the Town will transfer from the Accountant's Salary line-item to the Accountant's Expense line-item in the Fiscal Year 2010 budget the sum of$10,000.00, or act in relation thereto. ARTICLE 9. To see if the Town will vote to transfer from the Essex Regional Retirement System line-item to the Finance Expense line-item in the FY 10 budget the sum of$7,407.34, or act in relation thereto. ARTICLE 10. To see if the.Town will vote to reduce certain line-items in the Fiscal Year 2010 budget, or act in relation thereto. 1 ARTICLE 1 1. To see if the Town will transfer from the Stabilization Fund the sum of$1,000,00 to pay certain prior year hills as described below, or act in relation thereto. Selechnen's Expense $320.00 Police Expcnse $4-10,00 Historic Crunmissiun $24(1 00 ARTICLE 12. T�i sce if the Town will vmte to raise certain fees, or act in relation thereto, ' AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT BY POSTING AN ATTESTED COPY THEREOF IN EACH VOTING PRLCINCT, FOURTEEN DAYS AT LEAST BEFORE THE TIME OF HOLDING SAID MEETING. HEREOF, AND FAIL NOT, AND MAKE DUE RETURN OF THE WARRANT WITH YOUR DOINGS THEREON TO TI IE TOWN CI FRK AT THE TIME AND PLACE AFORESAID. GIVEN UNDER OUR I I ANDS THIS l31h DAY OF OCTOBER 2009. SELECTMEN, "I Ci ffN OF NEWBURY A TRUE COPY ATTEST: ' � r ANNE I1A111EWAY, 'fOWN CL(RK r PLIRSI IANT TO THE ABOVE WAR RANT TO ME DIRECTED, I HEREBY NOTIFY AND WARN THE INHABITANTS OF THE TwArN OF NEWBURY, QUALIFIED TO VOTE IN TOWN AFFAIRS, TO MEET AT TTIE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED. DATE: CONSTABLE: _p c. 1) 1 L PURSUANT TO THE A13OVE WARRANT TO ME DIRECTED, I HAVE NOTIFIED AND WARNED Tl lE 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:j`i _r _ �;7., CONSTABLE: 7 r gay TOWN OF NEWBURY SPECIAL TOWN MEETING OCTOBER 27, 2009 RESULTS ESSEX SS. Moderator Joan We burn delayed the start of Town Meeting until 7:20 pm in order to allow the y y large turnout of registered voters a chance to be seated. The Newbury Elementary School auditorium was packed with 354 registered voters and many guests (non-registered voters). Extra seats were brought in to accommodate those in attendance.Among the guests was state Senator Bruce Tarr,who has co-chaired along with Newbury Selectman Vincent Russo, a multi-agency task force called the Merrimack River Beach Alliance.Other guests were non-resident property owners from Newbury,Newburyport, and Salisbury. Victor Tine,staff writer for the Newburyport Daily News was also present. Constable Richard Cunningham read the Call to Order. 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 OCTOBER AT 7:00 P.M.TO ACT ON THE FOLLOWING ARTICLES,VIZ: ARTICLE 1: To see if the Town will transfer from the Land Sale Fund the suns of$135,000.00 for the Town's share of the Plum Island Beach Nourishment Project,or act in relation thereto. Motion: Selectman Russo,So Moved Seconded Motion Carries Selectman Chairman Joseph Story introduced the first warrant article which will pay $135,000A0 for Newbury's share of the project for 120,000 cubic yards of sand onto tine island's badly eroded beach.This money will come from the sale of town-owned property in July 2008. Chairman Story then asked Selectman Russo to give some background on the project. Selectman Vincent Russo,who has been working on the beach nourishment plan for a year, said the long range solution to the"unnatural, accelerated erosion"is the reconstruction of the late 19t", early 20m century jetties at the northern tip of the island and southern end of Salisbury Beach. Following the destruction of a Northern Boulevard home undermined by ocean waves in November 2008,town officials knew they had to take action. Selectman Russo stated,"When we lost that house,we realized we couldn't wait for the jetties to be fixed""We had to do something now."That something was to persuade the U.S. Corps of Engineers to deposit sand on the beach. ARTICLE 2: To see if the Town shall vote to adopt the following: Grant the Newbury Board of Selectmen the authority to take any and all action including but not limited to the use of the eminent domain act of the Commonwealth of Massachusetts to acquire temporary construction and permanent access easements required by the Army Corps of Engineers and Department of Recreation and Conservation to protect the Plum Island sewer&water system, life, property and public safety. By petition of Daniel Mahoney and over one hundred(100) others Motion: Selectman Russo,So Moved Seconded Article Passes (Needing a 2/3'a's vote to pass,but by a show of hands that was so overwhelming, Town Moderator Joan Weyburn didn't need bother to count and declared that a 2/3 vote was passed. ARTICLE 3: To see if the Town will vote, pursuant to G.L.c.79,to authorize the Board of Selectmen to take by eminent domain and execute an order of taking of temporary construction and pennanent public access and beach management easements in final locations as the Selectmen may determine,on, . over, and across portions of the properties situated at 59&60 Northern Boulevard as required for the Plum Island Beach Nourishment Project being undertaken on behalf of the Town by the Army Corps of Engineers and to raise and appropriate or transfer from available funds a sum of money therefore, or act in relation thereto. 1 Motion: Selectman Chairman Joseph Story read the amendment to this Article: That the Town, pursuant to G.L. c.79, authorize the board of Selectmen to take by eminent domain and execute an order of taking of temporary constriction and permanent public access and beach management easements in final locations as the Selectmen may determine, on, over, and across portions of the properties situated at 58 and 60 Northern Boulevard as required for the Plum Island Reach Nourishment Project being undertaken on behalf of the Town by the Army Corps of Engineers and to award no (nominal) damages as payment for said easements , Motion: Selectman Russo, So Moved (to vote on Amendment) Amendment: Seconded and Passes Motion Passes: Needing a 2/3'd's vote,by an overwhelming show of hands, the motion was declared by the Moderator as passed. ARTICLE 4: To see if the Town will take from the Stabilization Fund the sum of$100,000.00 for the purpose of funding a revenue deficit in Fiscal Year 2009, or act in relation thereto. Motion: Moved Seconded Motion: Selectman Joe Story moves to amend Article 4 by striking the amount of$100,000.00 and replacing it with the amount of$96,077.00. Summary: Revenues in FY09 were a net$96,077.00 below estimates. Prior to publishing the warrant we did not have the exact figure and are asking an amendment to that number. The primary cause of our revenue deficit was a $50,000.00 loss in motor vehicle excise revenue and a $58,000.00 mid-year cut in local aid. This is an appropriation from the Stabilization Fund and requires a 2/3rd,s vote. Amendment Seconded and Passes. Then the main motion was declared by the Moderator to have passed unanimously. ARTICLE 5: To see if the Town will take from the Stabilization Fund the sum of$15,000.00 for the purpose of finding the Unemployment Compensation Fund, or act in relation thereto. Motion: Selectman Russo, So Moved Seconded , Vote: Unanimous (2/3 Required) ARTICLE 6: To see if the Town will vote to reduce the Conservation Commission Agent Salary line- item by $37,500.00 in the Fiscal Year 2010 budget,or act in relation thereto. Motion: Selectman Russo,So Moved Seconded Motion passes ARTICLE 7: To see if the Town will vote to reduce the Conservation Commission Wages line-item by $7,500.00 in the Fiscal Year 2010 budget, or act in relation thereto. Motion: Selectman Russo,So Moved Seconded Motion Passes ARTICLE 8: To see if the Town will transfer from the Accountant's Salary line-item to the Accountant's Expense line-item in the Fiscal Year 2010 budget the sum of$10,000.00, or act in relation thereto. Motion: Selectman Russo, So Moved Seconded Motion Passes ARTICLE 9: To see if the Town will vote to transfer from the Essex Regional Retirement System line- item to the Finance Expense line-item in the FYI budget the sum of$7,407.34, or act in relation thereto. , Motion: Selectman Russo, So Moved Seconded Motion Passes 2 ARTICLE 10: To see if the Town will vote to reduce certain line-items in the Fiscal Year 2010 budget, or act in relation thereto. ARTICLE 10 MOTION: Mr. Story moves as follows: I move that the Town vote to reduce the Health Insurance line-item in the Fiscal Year 2010 budget by the sum of$50,000.00. Town Administrator Charles (Chuck)Kostro provided a brief explanation.He explained that by reducing the Health Insurance line-item by$50,000.00 will help off set cuts in state aid. Motion: Selectman Russo,So Moved Seconded Motion Passes ARTICLE 11: To see if the Town will transfer from the Stabilization Fund the sum of$1,000.00 to pay certain prior year bills as described below,or act in relation thereto. Selectmen's Expense $320.00 Police Expense $440.00 Historic Commission $240.00 Motion: Selectman Russo,So Moved Seconded Vote: Declared Unanimous(Needing a 9/10 vote) ARTICLE 12: To see if the Town will vote to raise certain fees or act in relation thereto. Moved to pass over Seconded Motion passes by majority MODERATOR JOAN WEYBURN MADE THE MOTION TO ADJOURN AT 8:05 PM. Seconded and Carried Respectfully Submitted, Anne Hatheway,Town Clerk I 3 TOWN OF NEWBURY ANNUAL ELECTION MAY 11,2010 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 OUR RESPECTIVE VOTING DISTRICTS ON MAY 11,2010 TO VOTE ON THE FOLLOWING POSITIONS: SELECTMAN-3 YEARS, ASSESSOR-3 YEARS,BOARD OF HEALTH-3 YEARS,CONSTABLE-4 YEARS,FISH COMMISSIONER-3 YEARS,LIBRARY TRUSTEE-3 YEARS,PLANNING BOARD-5 YEARS, PLANNING BOARD- 1 YEAR(UNEXPIRED TERM),TREE WARDEN- 1 YEAR,TRUSTEE FIRST SETTLERS BURIAL GROUND-3 YEARS,TRITON REGIONAL SCHOOL COMMITTEE- NEWBURY 3 YEARS,ROWLEY 3 YEARS,SALISBURY-3 YEARS, SALISBURY 2 YEARS (UNEXPIRED TERM) THE POLLS WILL BE OPEN AT 12:00 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 ELECTION. HEREOF,AND FAIL NOT,TO MARE DUE RETURN OF THE WARRANT WITH YOUR DOINGS THEREON TO THE TOWN CLERK AT THE TIME AND PLACE AFORESAID. GIVEN UNDER OUR HANDS THIS 4'DAY OF MAY 2010 SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST: ANNE HATHEWAY,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: 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: CONSTABLE: ANNUAL TOWN ELECTION MAY 11,2010 RESULTS PCT 1 PCT 2 TOTAL SELECTMAN FOR THREE YEARS CHARLES"CHUCK"BEAR 256 274 530 FRANK A.CHIARAVALLOTI 159 176 335 LEO J.RYBICKI,JR 92 169 261 ASSESSOR FOR THREE YEARS * E.PETER MURPHY 343 413 756 BOARD OF HEALTH FOR THREE YEARS * ALBA L.GOULDTHORPE 375 420 795 CONSTABLE * RICHARD N. CUNNINGHAM 404 473 877 FISH COMMISSIONER * CHARLES A.COLBY 370 303 673 JARETT M.DODGE 84 234 318 LIBRARY TRUSTEE FOR THREE YEARS * LOIS W. SMITH 354 439 793 PLANNING BOARD FOR FIVE YEARS * DAVID MOUNTAIN 330 404 734 PLANNING BOARD FOR ONE YEAR(Unexpired term) JOHN S.O'CONNELL 361 402 763 TREE WARDEN FOR ONE YEAR * PETER W.HOLLIS 334 327 661 SEAN W.PEARSON 114 241 355 TRUSTEE FIRST SETTLERS BURIAL GROUND FOR THREE YEARS * DOUGLAS A.NOYES 395 440 835 TRITON REGIONAL SCHOOL COMMITTEE FOR THREE YEARS NEWBURY FRANK D.VISCONTI 181 139 320 ROBIN S.WILLIAMS 261 412 673 ROWLEY PAUL L.LEES 218 318 536 SALISBURY * DEBORAH CHOATE 218 322 540 TRITON REGIONAL SCHOOL COMMITTEE FOR TWO YEARS(UNEXPIRED TERM) SALISBURY * LINDA M.LITCOFSKY 206 305 511 TOTAL VOTERS 515 625 1140 *incumbent 22%turnout 4998 Registered voters SELECTMEN'S MESSAGE Welcome to the Annual Town Meeting of the Town of Newbury. We appreciate your attendance at the Annual Town Meeting and thank you for participating in the governance of the Town of Newbury. The Town Meeting Warrant is the agenda for the meeting. It is drawn up by the Selectmen from various proposals made by the Selectmen, Town Committees, other Boards, staff and citizens. The Selectmen determine the order that the Articles appear in the Warrant. The Articles will be considered in the order in which they appear, unless the Moderator, or the meeting , itself, changes that order. Each Article is intended to give fair notice of the topic to.be discussed and voted upon, thus any motion made at Town Meeting must be found by the Moderator to be within the scope of the printed Article. At the Town Meeting, the motion made under each Article will describe the specific action that is proposed to be taken. The wording of the motion and any amendments that might be offered to the main motion, may differ from the exact wording of the Article, but must be within the scope of the Article. Accordingly,please listen closely to the reading of the motion and any amendments made before voting. We request that attendees who wish to speak to an article approach one of the microphones set up throughout the meeting room. Please do not speak until you are recognized by the Moderator. Once you are recognized by the Moderator, please state your name and street address before speaking to the topic at hand. The Town Clerk maintains a record of each Town Meeting and it is essential that you identify yourself so that a complete and accurate record may be kept. The Town of Newburycould not function without the dedication on of its many volunteers who regularly give their time and talent to the community. Citizens participate in town government in many different ways. Many serve on our boards and committees,while others are active in less formal ways. In whatever manner our many volunteers participate in town government in Newbury, they make an invaluable contribution to our community. ' The Board of Selectmen would like to take this opportunity to thank all of the residents, business owners and the many others who support the community throughout the year. Your work is appreciated and essential and we are very grateful to all of you. Sincerely, The Newbury Board of Selectmen Joseph Story, Chair Audrey Keller, Clerk Michael Bulgaris, Member Vincent Russo, Member Geoffrey Walker, Member I TOWN OF NEWBURY ANNUAL TOWN MEETING MAY 25,2010 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 INSAID TOWN OF NEWBURY ON TUESDAY,THE 25th DAY OF MAY AT 7:00 P.M.TO ACT ON THE FOLLOWING ARTICLES,VIZ: ARTICLE 1. To act on the reports of the Selectmen, School Committee, Regular and Special Committees and all other Town Officers. 1 ARTICLE 2. To see if the Town will fix the salaries and compensation of all certain elective officers of the Town as follows: Town Moderator $100 Board of Selectmen Each Member $3,000 Board of Assessors Chair $3,500 Member $2,500 Town Clerk $49,165.33 Tree Warden $3,000 Fish Commissioner Each Member $1,000 ARTICLE 3. To see if the Town will vote to raise and appropriate or take from available funds the sum of$6,785,522.85; and take from the Special Assessment Fund the sum of$550,OOO.QO; for the operation of the Town in Fiscal Year 2011. FINANCE COMMITTEE RECOMMENDS FY 11 FY 10 CHANGE TOWN MTG. MODERATOR 100 100 0 SELECTMEN SALARIES 15,000 15,000 0 TOWN ADMINSTRATOR SALARY 115,000 95,000 21% TOWN ADMINISTRATOR EXPENSE 5,000 0 - SELECTMEN ADMIN. ASST. SALARY 45,815.94 46,276.16 -1% SELECTMENS EXPENSE 5,000 6,000 -17% FINANCE COMMITTEE EXPENSES 425 175 143% RESERVE FUND 35,Q00 • 75,000 -53% TREASURER/COLLECTOR SALARY 81,000 71,834 13% TREASURER/COLLECTOR EXPENSE 44,875 39,150 15% ACCOUNTANT SALARIES 43,348.30 58,096 -25% ACCOUNTANT EXPENSES 16,275 10,500 55% ASSESSORS SALARY 8,500 9,890 -14% ASSESSOR WAGES 45,355.38 45,355.38 0 ASSESSOR EXPENSES 50,000 55,000 -9% AUDIT TOWN BOOKS 25,000 25,000 0 LEGAL EXPENSE 75,000 75,000 0 PERSONNEL BOARD 500 0 - TOWN CLERK'S SALARY 49,165.33 49,165.33 0 TOWN CLERK WAGES 31,395 31,395 0 TOWN CLERK EXPENSES 9,000 4,875 85% ELECTION EXPENSE 10,000 6,750 48% REGISTRARS VOTERS SALARIES 750 750 0 REGISTRARS VOTERS EXPENSE 0 4,500 -100% CONSERVATION COMM. AGENT SALARY 5,421 12,671 -57% CONSERVATION COMM. WAGES 11,640.72 12,445.44 -6% CONSERVATION COMM. EXPENSES 4,500 5,000 -10% TREE WARDEN SALARY 3,000 3,000 0 TREE WARDEN EXPENSE 0 5,000 -100% CLAM FLATS TOWN WAGES 4,000 4,000 0 PLANNING BOARD WAGES 59,291 59,291 0 PLANNING BOARD EXPENSES 3,615 3,615 0 MERRIMACK VALLEY PLANNING COMM. 2,215.08 2,215.08 0 PICTOMETRY,MIMAP, ASSESSORS MAP 3,000 - ZONING BOARD OF APPEALS WAGES 900 900 0 ZONING BOARD OF APPEALS EXPENSES 250 230 9% IT SERVICES 15,000 0 - PUBLIC BUILDING EXPENSE 90,000 74,000 22% TOWN REPORTS 1,500 1,500 0 INSURANCE EXPENSE 155,750 153,000 2% POLICE WAGES 1,114,425.40 1,170,835.14 -5% POLICE EXPENSE 131,000 110,000 19% FIRE PROTECTION-WAGES-P#1 102,025.12 102,025.12 0 FIRE PROTECTION-WAGES- P#2 91,809.99 91,809.99 0 CALL FIRE P# 1 74,571.16 70,658 6% CALL FIRE P#2 74,571.16 70,658 6% FIRE PROTECTION-FLAT RATE-P#1 74,750 74,750 0 2 FIRE PROTECTION-FLAT RATE-P#2 74,750 74,750 0 FOREST FIRES-P# 1 2,500 -100% FOREST FIRES-P#2 2,500 -100% FIRE ALARM MAINT. EXPENSE 7,000 7,000 0 AMBULANCE SERVICE 15,000 15,000 0 BUILDING INSPECTOR SALARY 58,849.33 58,599,33 0 ASST. BUILDING INSPECTOR 9,400 9,400 0 BUILDING INSPECTOR WAGES 11,640.72 0 - BUILDING INSPECTOR EXPENSE 4,800 5,150 -7% GAS INSPECTOR'S EXPENSE 0 4,500 -100% PLUMBING INSPECTOR'S EXPENSE 0 8,500 -100% SEALER OF WEIGHTS & MEASURES 2,500 2,500 0 WIRE INSPECTOR'S EXPENSE 0 9,500 -100% INSPECTIONAL SERVICE FEES 25,000 - PLUM ISLAND BEACH MANAGEMENT 5,000 - ACO SALARY 20,984 20,984 0 ACO EXPENSE 2,700 3,000 -10% PARKING CLERK SALARY 2,220 2,400 -8% PARKING CLERK EXPENSES 400 420 -5% HYDRANT SERVICE 15,000 11,475 31% HIGHWAY LABOR 433,841.72 438,372.74 -1% HIGHWAY MAINTENANCE EXPENSE 175,000 160,000 9% SNOW REMOVAL WAGES/EXPENSE 95,000 95,000 0 CONSULTING ENGINEER EXPENSE 15,000 STREET LIGHTING 25,000 40,000 -38% BOARD OF HEALTH WAGES 58,108.75 58,108.75 0 BOARD OF HEALTH EXPENSES 225,000 230,000 -2% COUNCIL ON AGING WAGES 65,568.66 69,736.98 -6% COUNCIL ON AGING EXPENSES 7,750 8,940 -13% VETERANS DIRECTOR STIPEND 3,000 2,400 25% VETERANS SERVICES 15,000 25,000 -40% , NEWBURY TOWN LIBRARY WAGES 196,562.44 203.308.86 -3% NEWBURY TOWN LIBRARY EXPENSES 52,500 52,500 0 LIFEGUARD WAGES 0 39,000 -100% LIFEGUARD EXPENSES 0 3,000 -100% HISTORIC COMMISSION 650 650 0 375T" ANNIVERSARY COMMITTEE 375 375 0 MEMORIAL DAY. 750 400 88% COST OF BONDING 17.500 17,500 0 LONG TERM DEBT PRINCIPAL 1,817,007.68 1,983,275.86 -8% SHORT TERM DEBT INTEREST 14,668.07 23,840 -38% LONG TERM DEBT INTEREST 507,472.95 569,820.71 -11% HEALTH & DENTAL INSURANCE 582,732.95 533,150 9% EMPLOYEE LIFE INSURANCE 1,300 1,300 0 MEDICARE-TOWN EXPENSE 35,750 65,139 -45% ARTICLE 3 TOTALS 7,335,522.85 7,536,411.87 -2.7% ARTICLE 4. To see if the Town will vote to raise and appropriate the sum of $8,898,893.00 for the purpose of fitnding the capital improvement and operating assessment of the Town by the Triton Regional School District for Fiscal Year 2011. FINANCE COMMITTEE RECOMMENDS ARTICLE 5. To see if the Town will vote to raise and appropriate the sum of $118,233.00 for the Whittier Vocational School's Fiscal Year 2011 assessment to the Town , of Newbury. FINANCE COMMITTEE RECOMMENDS ARTICLE 6. To see if the Town will vote to raise and appropriate or take from available funds the sum of$393,661.78 for the Essex Regional Retirement Board's assessment to the Town of Newbury for Fiscal Year 2011. FINANCE COMMITTEE RECOMMENDS 3 ARTICLE 7. To see if the Town will vote to raise and appropriate the sum of $2,970.00 for use by the Essex County Mosquito Control Project to maintain its program of trapping the adult greenhead flies during the summer of 2010. 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 one dollar($1.00) for the necessary maintenance during the ensuring year of the Mosquito Control Works constructed in the Town. ARTICLE 9. To see if the Town will vote to appropriate from Free Cash the sum of $100,000.00 for the purposes of reducing the tax rate in Fiscal Year 2011; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS ARTICLE 10. To see if the Town will vote to approve$3,294,627 of debt authorized by the Whittier Vocational Technical High School District("District"), on March 10, 2010, a sum of money to be expended under the direction of the Whittier Regional Vocational Technical High School Building Committee for a roof repair project for the Whittier Regional Vocational Technical High School, located at 115 Amesbury Line Road, Haverhill, MA 01830. The proposed repair project would materially extend the useful life of the school and preserve as asset that otherwise is capable of supporting the required educational program. The Massachusetts School Building Authority's ("MSBA") grant program is a non-entitlement discretionary program based on need, as determined by the MSBA, and any project costs the District incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the District and assessed annually during the term of the outstanding debt to the Town of Newbury pursuant to its Regional Agreement. Any grant that the District may receive from the MSBA for the Project shall not exceed the lesser of(1) $66.18 percent of eligible, approved project costs, as determined by the MSBA, or(2) the total maximum grant amount as determined by the MSBA, or act in relation thereto. ARTICLE 11. To see if the Town will vote to accept Section 20 of Chapter 32B relative to the creation of a municipal trust fund for the purpose of funding Other Post Employment Benefits (OPEB). FINANCE COMMITTEE RECOMMENDS ARTICLE 12. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation as follows: AN ACT PROVIDING FOR THE ESTABLISHMENT OF A FIRE DEPARTMENT IN THE TOWN OF NEWBURY. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: SECTION 1. It is hereby recognized that Protection Fire Co. No. 1 Byfield, Massachusetts and Protection Fire Co. No. 2 have played a unique role in the history of the town of Newbury. The town seeks to preserve the special relationship it has shared with the fire companies in the provision of fire protection services to the town. While the town has centralized fire protection services known generally as the Newbury Fire Department,which is defined as all appointed firefighters in the town of Newbury, under the direction of the town's board of fire engineers, it is further recognized that to best leverage the limited financial and physical resources of the town, the continued relationship of the town with the fire companies will provide important supplementary resources and support to maintain the high level of fire protection services the people of the town of Newbury have come to expect. SECTION 2. Notwithstanding any general or special law to the contrary, there shall remain in place two fire companies within the jurisdictional limits of the town of Newbury under the operational control of a single board of fire engineers, who shall be appointed 4 annually by the board of selectmen as provided for in section 45 of chapter 48 of the General Laws. The chief engineer shall have the duties and responsibilities of the fire chief for the town of Newbury. Any member of the board of fire engineers of the town may be removed for cause by the board of selectmen at any time after a hearing. Nothing in this act shall grant tenure to any member of the board of fire engineers. SECTION 3. (a) Except as otherwise provided in subsection (b), the board of fire engineers and the fire chief shall have the duties and responsibilities described in this subsection. The fire chief shall have general charge of extinguishing fires in the town of Newbury and the protection of life and property in case of fire or other emergency. The , board of fire engineers and fire chief shall have and exercise all the powers and discharge all the duties conferred or imposed by statute upon engineers in towns and fire chiefs, except as herein provided, and shall appoint 1 or more deputy fire chiefs and such other officers and firefighters as the board of fire engineers consider necessary or appropriate and may remove the same for cause at any time after a hearing. Newly appointed firefighters shall serve a probationary period of I year, during which time they shall perform the duties of a firefighter and may be removed at any time after a hearing. In responding to fires and other emergencies, all officers and firefighters appointed by the board of fire engineers shall be considered employees of the town, subject to the authority of the board of fire engineers and the fire chief and any rules and regulations adopted by the board of fire engineers or the fire chief for operation of the department and all applicable General Laws. Notwithstanding any provision that may be contained in any general or special law to the contrary, any elected or appointed official or employee of the town of Newbury shall also be eligible to serve as a member of the board of fire engineers or as a town firefighter, or both. The board of fire engineers shall have Rill and absolute authority in the administration of the department, shall make all rules and regulations for its operation, shall report to the board of selectmen from time to time as the board of selectmen may require, and shall annually report the condition of the fire department to the town along with board of fire engineers' and the fire chief s recommendations thereto. The board of fire engineers shall determine the compensation of the permanent full-time,permanent part-time and call members of the fire department, ' subject to the approval of the board of selectmen. The board of fire engineers shall, in the expenditure of money,be subject to such further limitations as the town may, from time to time, prescribe. (b) The board of selectmen, in consultation with the board of fire engineers,may, at its sole discretion, enter into contracts with Protection Fire Co. No. I Byfield, Massachusetts and Protection Fire Co.No. 2 for fire protection apparel, equipment and facilities. Execution of such contracts shall not require the approval of the town meeting. Sections 38A1/2 through 380 of chapter 7 of the General Laws, and chapters 30, 30B, and 149 of the General Laws shall not apply to the contracts. (c) A contract between the town of Newbury and Protection Fire Co. No. 1, Byfield, Massachusetts or Protection Fire Co.No 2 shall not exceed a period of 10 years; provided, however,that the board of selectmen may extend such contract, or negotiate any new contract, for up to 2 additional periods of up to 10 years each. The financial obligation of the town of Newbury under any such contract shall be subject to annual appropriation. (d) Upon a majority vote of the entire board of selectmen, and with the approval of town meeting, the town may permanently sever its relationship with either firefighting company and terminate any contracts entered into pursuant to this act upon 60 -days written notice of termination from the board of selectmen, at which time subsection(b) shall no longer be in effect with respect to the firefighting company to which notice was provided in accordance , with this section. Failure to enter into a contract, negotiate a new contract, or extend an existing contract for the purposes authorized herein shall not be considered to constitute permanent severance of the relationship of the town with the fire companies as set forth in the preceding clause. i SECTION 4. Any individual appointed as a firefighter by the board of fire engineers as of the effective date of this act shall continue in that position until the expiration of the term of appointment of such firefighter,notwithstanding any other provision of this act. Appointments of firefighters shall thereafter be made in accordance with subsection (a) of section 3. 5 SECTION 5. This act shall take effect upon its passage; or act in relation thereto. ARTICLE 13. To see if the Town will appropriate from Free Cash the sum of $1,106.18 to pay a certain prior year bill of the Health Department, or act in relation thereto. ARTICLE 14. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS, ARTICLE II, USE DISTRICTS, THE ZONING MAP PERTAINING TO § 97-2.D.(3) WATER SUPPLY PROTECTION, AND THE ZONING OVERLAY DISTRICT MAP AS FOLLOWS: 1. In § 97-2.D.(3) Water Supply Protection, replace the words "`Water Resources, Town of Newbury,' dated March 31, 2003" with the words "`Town of Newbury — Water Supply Protection Districts,' dated March 9, 2010",so that this section reads as follows: (3) Water Supply Protection: Shall 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 "Town of Newbury — Water Supply Protection Districts," dated March 9, 2010, and on file in the office of the Town Clerk. 2. Replace the map entitled "Town of Newbury — Water Supply Protection District," dated March 31, 2003, with a new map entitled "Town of Newbury — Water Supply Protection Districts,"dated March 9,2010. 3. Replace the map entitled "Town of Newbury — Zoning Overlay Districts," dated May 17, 2007 with a new map entitled"Town of Newbury—Zoning Overlay Districts," dated March 9, 2010. OR ACT IN RELATION THERETO. ARTICLE 15. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS,ARTICLE V,SPECIAL PERMITS GENERAL,BY REPLACING THE EXISTING §97-5.C. OPEN SPACE RESIDENTIAL DEVELOPMENT WITH A NEW §97-5.C. OPEN SPACE RESIDENTIAL DEVELOPMENT AS FOLLOWS: C. Open Space Residential Development. (1) Purpose and intent. (a) The Primary Purposes for.the Open Space Residential Development (OSRD)By-Law are the following: 01) To allow for greater flexibility and creativity in the design of residential developments; 02) To encourage the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, other natural resources including aquifers, waterbodies and wetlands, and historical and archaeological resources in a manner that is consistent with Newbury's open space plan; 03) To encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional or grid subdivision; 04) To minimize the total amount of disturbance on the site; 05) To further the goals and policies of the open space plans; 06) To facilitate the construction and maintenance of housing, streets, utilities, and the provision. of public services in a 6 more economical and efficient manner. (b) The Secondary Purposes for OSRD are the following: O1) To preserve and enhance the community character; 02) To protect the value of real property; 03) To provide for a diversified housing stock; 04) To provide affordable housing to persons of low and moderate income; ' i 05) To provide open space lands managed for passive recreation which are accessible to the public. (2) Defmitions. (a) Basic maximum number: the number of lots/dwelling units that would be allowed on the site using Newbury Zoning By-Law provisions and/or Subdivision Rules and Regulations as determined by a Yield Plan. Requirements for contents of the Yield Plan are to be found in the OSRD Rules and Regulations; see § 97-5.C.(3) and § 97-5.C.(7)below. (b) Conventional subdivision: a development of land subject�ect to and governed by Chapter 117, Planning Board's Rules and Regulations for the Subdivision of Land and any and all rules and regulations established by the Planning Board under said Chapter 117. (c) Low and moderate income: income levels as defined by the Commonwealth's Department of Housing and Community Development for the Town of Newbury,based on the formulas for its currently assigned geographic area. (3) Authority. The Planning Board shall act as the Special Permit Granting Authority for'OSRD applications.The Planning Board may adopt, and from ' time to time amend,Rules and Regulations consistent with the provisions of this By-Law and G.L.c.40A and other provisions of the General Laws, and shall file a copy of said Rules and Regulations with the Town Clerk. (4) Applicability. (a) Any subdivision of land or development that will create more than four lots or units shall submit an application for OSRD to the Planning Board. The applicant shall have the option of development under the subdivision process as found in Chapter 117, Planning Board's Rules and Regulations for the Subdivision of Land, or under the OSRD. (b) Contiguous Parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of contiguous parcels. (c) Land Division. To be eligible for consideration as an OSRD, the tract may be a subdivision, provided, however, that an OSRD may also be permitted where intended as a condominium on land not so divided or subdivided. (5) Special permit required. The Planning Board may authorize an OSRD pursuant to the grant of a special permit. Such special permits shall be acted upon in accordance with the following provisions. (6) Segmentation. It is the intent of this By-Law to prohibit the subdivision or ' phasing of development which is planned in order to avoid the application of this section. It shall be presumed that the land held in common ownership at the time of enactment of this By-Law should be included for the purposes of calculating the number of lots. It shall also be presumed that phased development of land held in common ownership shall be considered in its totality rather than as separate projects. These presumptions are rebuttable only upon credible evidence to the contrary. Where division of land appears to be phased, a covenant may be placed upon the remaining land requiring compliance with this By-Law. (7) Application Procedure and Requirements. Applicants shall submit 7 applications for an OSRD special permit in accordance with the Rules and Regulations Governing Open Space Residential Development as adopted and amended by the Planning Board. (8) 'Design process. At the time of the application for a special permit for OSRD,applicants are required to demonstrate to the Planning Board that the following Design Process was performed by a multidisciplinary team of which one member must be a certified Landscape Architect and was considered in determining the layout of proposed streets, house lots, and unit placement if treated as a condominium, including designation of all common areas and open space. (a) Step One: Identifying Conservation Areas. Identify preservation land by two steps. First, Primary Conservation Areas (such as wetlands, riverfront areas, and floodplains regulated by state or federal law) and Secondary Conservation Areas (including unprotected elements of the natural landscape such as steep slopes, mature woodlands, prime farmland, meadows, wildlife habitats and cultural features such as historic and archaeological sites and scenic views) shall be identified and delineated. Second, the Potentially Developable Area shall consist of land outside identified Primary and Secondary Conservation Areas; (b) Step Two: Locating House Sites. Locate the approximate sites of individual houses within the Potentially Developable Area and include the delineation of private yards and shared amenities, so as to reflect an integrated community, with emphasis on the goals of the current Master Plan for Newbury. The number of homes, or units, if a condominium proposal, enjoying the open space character of the amenities of the development should be maximized; (c) Step Three: Aligning the Streets and Trails. Align streets in order to access the house lots or units:Additionally,new trails should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails. Points of proposed public access to the conservation areas should be clearly delineated; (d) Step Four: Draw in the lot lines,if not treated as a condominium. (9) Design standards. The following Generic and Site Specific Design Standards shall apply to all OSRDs and shall govern the development and design process. (a) Generic Design Standards: O1) The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainageways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme; 02) Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel; 03) Mixed-use development shall be related harmoniously to the terrain and the use, scale, and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. Proposed buildings shall be related to their surroundings; 04) All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties; 8 05) The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties. (b) Site Specific Design Standards. 01) Mix of Housing Types. The OSRD may consist of any combination of single-family and two-family structures. Multifamily structures of not more than four (4) units may ' also be permitted by the Planning Board if they serve the purpose and intent of the Open Space Residential Development By-Law, as stated in section §97-5C.(1).; 02) Parking. Each dwelling unit shall be served by two (2) off- street parking spaces. Parking spaces in front of garages may count in this computation; 03) Drainage. Stormwater management shall be in compliance with Chapter 87, "Stormwater Management and Illicit Discharge and Erosion Control'of the Code of the Town of Newbury where applicable. The Planning Board shall encourage the use of low impact design (nonstructural) stormwater management techniques (such as swales, filter strips, constructed wetlands and bioretenfion cells) and other drainage techniques that'reduce impervious surface and enable infiltration to the greatest degree permitted by soil types and conditions at the site; 04) Screening and Landscaping. All structural surface stormwater management facilities shall be accompanied by a conceptual landscape plan; 05) On-site Pedestrian and Bicycle Circulation. Walkways, trails and bicycle paths shall be provided to link residences ' with recreation facilities (including parkland and open space) and adjacent land uses where appropriate; 06) Disturbed Areas. Every effort shall be made to minimize the area of disturbed areas on the tract. A disturbed area is any land not left in its natural vegetated state. (10) Reduction of dimensional requirements. The Planning Board encourages applicants to modify lot size, unit placement, shape, and other dimensional requirements for lots within an OSRD, subject to the following limitations: (a) Lots having reduced area or frontage shall not have frontage on a street other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s)will further the goals of this By- Law;. . (b) At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board. Where structures containing three to four dwelling units are being proposed, the side lot lines between units may be 0 feet, however the distance between structures shall be a minimum of 20 feet; (c) Minimum Frontage: The minimum frontage may be reduced from ' the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 50 feet of frontage; (d) Setbacks: Every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side lot line. In the event that dwellings are located on exclusive use areas or contain no interior lot lines, a minimum distance of 20 feet between single and two-family dwellings shall be required. (11) hicreases in permissible density. The Planning Board may award a density bonus to increase the number of dwelling units beyond the Basic Maximum Number. The density bonus for the OSRD shall not, in the aggregate, 9 exceed fifty percent (50%) of the Basic Maximum Number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: (a) For each additional ten percent (10%) of the site (over and above the required 50%) set aside as open space, a bonus of one additional unit or five percent (5%) of the Basic Maximum Number, whichever is greater, may be awarded. (b) For every one (1) dwelling unit restricted to occupancy for a period in perpetuity by persons or families who qualify as low or moderate income, two (2) dwelling units may be added as a density bonus for each low income unit, one (1) dwelling unit as a bonus for each moderate income unit. (c) For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit may be added as a density bonus. (12) Open space requirements. (a) Open Space. A minimum of fifty percent (50%) of the upland shown on the development plan shall be open space. Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a permanent conservation or agricultural preservation restriction in accordance with G.L. c. 184 § 31, approved by the Planning Board and Board of Selectmen/Town Counsel and enforceable by the Town, conforming to 'the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, providing that such land shall be perpetually kept in an open state, that it shall be preserved exclusively for the purposes set forth herein,and that it shall be maintained in a manner which will ensure its suitability for its intended purposes. Any proposed open space that does not qualify for inclusion in the Conservation Restriction or that is rejected from inclusion in the Conservation Restriction by the Commonwealth of Massachusetts will be subject to a Restrictive Covenant, that shall be approved by the Planning Board and Board of Selectmen/Town Counsel and enforceable by the Town. 01) The open space shall be contiguous. Contiguous shall be defined as being connected. Open Space will still be considered connected if it is separated by a roadway or an accessory amenity. The Planning Bard may waive this requirement for all or part of the required open space where it is determined that allowing noncontiguous open space will promote the goals of this By-Law and/or protect identified primary and secondary conservation areas. 02) The open space shall be used for wildlife habitat and conservation and the following additional purposes: historic preservation, outdoor education, passive recreation, agriculture, horticulture, together with suitable access for such purposes. The Planning Board may permit a small portion of the open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space (i.e.,pedestrian walks and bike paths) so long as it supports the primary and secondary purposes of the OSRD. 03) Wastewater and stormwater management systems serving the OSRD may be located within the open space. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required. (b) Ownership of the Open Space. The open space shall, at the Planning Board's election,be conveyed to: O1) A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above; 10 02) The Town or its Conservation Commission; 03) A corporation, homeowners association or trust owned jointly or in common by the owners of lots or units within the OSRD. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust which shall provide for mandatory assessments for maintenance expenses to each lot and unit. Each individual ' deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such homeowners association, trust or corporation shall be submitted to the Planning Board for approval,and shall thereafter be recorded; 04) A private owner for agricultural, horticultural or forestry uses. (c) Maintenance and Monitoring of Open Space. O1) In any case where open space is not conveyed to the Town, the Town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land. Such easement shall provide that in the event the trust or other owner fails to maintain the open space in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. The Town may file a lien against the lot or lots to ensure payment of such maintenance. ' 02) An endowment fund shall be created, to be held by either the owner of the open space or by the holder of the conservation covenant, to provide for the cost of annual monitoring of the condition and management of the open space, said monitoring to be performed by an established nonprofit conservation organization and reports provided to the Newbury Conservation Commission. (13) Decision of the Planning Board. (a) The Planning Board may grant a special permit for an OSRD if it determines that the proposed OSRD has less detrimental impact on the tract than a conventional development proposed for the tract, after considering the following factors: O1) Whether the OSRD achieves greater flexibility and creativity in the design of residential or unit developments than a conventional plan; 02) Whether the OSRD promotes permanent preservation of open space, agricultural land, forestry land, other natural resources including waterbodies and wetlands, and historical and archaeological resources; 03) Whether the OSRD promotes a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional subdivision; 04) Whether the OSRD reduces the total amount of disturbance on the site; 05) Whether the OSRD furthers the goals and policies of the open space and master plans; 06) Whether the OSRD facilitates the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner; I1 07) Whether the Concept Plan and its supporting narrative documentation complies with all sections of this zoning By- Law. (b) The .special permit for the OSRD Concept Plan shall be reconsidered if there is substantial variation between the Open Space Definitive Subdivision Plan and the Concept Plan. If the Planning Board finds that a substantial variation exists, it shall hold a public hearing on the modifications to the Concept Plan. A substantial variation shall be any of the following: 01) An increase in the number of building lots and/or units; 02) A significant decrease in the open space acreage; 03) A significant change in the lot layout or unit placement; 04) A significant change in the general development pattern which adversely affects natural landscape features and open space preservation; 05) Significant changes to the stormwater management facilities; and/or 06) Significant changes in the wastewater management systems. (c) The Planning Board approval of a special permit hereunder shall not substitute for compliance with the Subdivision Control Law, nor oblige the Planning Board to approve a related definitive plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board shall, insofar as practical under law, adopt regulations establishing procedures for submission of a combined plan and application which shall satisfy this section and the Board's regulations under the Subdivision Control Law. To the extent permitted by law, the Planning Board shall coordinate the public hearing required for any application for a special permit for an OSRD with the public hearing required for approval of a definitive subdivision plan. OR ACT IN RELATION THERETO. ARTICLE 16. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS, ARTICLES X AND XI, TO ADD PROVISIONS FOR TEMPORARY TRAILERS AND MOBILE HOMES AS FOLLOWS: 1. In Article X, General Regulations, add § 97-10.F.Temporary Trailers and Mobile Homes: F. Temporary Trailers and Mobile Homes. (1) Purpose and Intent: It is the intent of this article to provide for the temporary use and occupancy of trailers and mobile homes within the Town of Newbury, subject to the limitations below. (2) Allowed Use: A trailer or mobile home may be used on any lot as provided below: (a) The owner or occupier of a residence which has been destroyed by fire or natural disaster may place a mobile home on the site of such residence and may,by right,reside in such mobile home for a period not to exceed the shorter of eighteen (18) months or the life of the active building permit, not to exceed 15 calendar days after the issuance of an occupancy permit, while.the residence is being rebuilt. Any such mobile home'shall be subject to all required local and state permits and approvals. (b) The tenant of a commercial place of business which has been destroyed by fire or natural disaster may place a trailer on the site of such place of business and may, by right, occupy such trailer for a period not to 12 exceed the shorter of eighteen (18) months or the life of an active building permit, not to exceed 15 calendar days after the issuance of an occupancy permit, while the business premises are being rebuilt. Any such trailer shall be subject to all required local and state permits and approvals. (c) A trailer may be used for a construction site office on a temporary basis, such trailer to be removed upon completion of the construction project. (3) Removal of Trailer: Within five (5) business days of the removal of the trailer, ' notice in writing shall be given to the Building Department. The notice shall include the owner's name and address, the address the trailer was removed from (if different), and shall be signed and dated by the owner. The provisions of§ 97-11.A.(1), Authority to enforce, shall apply for each day the trailer remains on site beyond 15 calendar days after issuance of a certificate of occupancy. 2. In Article XI, § 97-11.D.(2)Written Definitions, amend and add the following definitions to be inserted in their correct location alphabetically: a. Delete the word "permanent"from the definition for Mobile Home or House Trailer so that the revised definition reads: "Mobile Home or House Trailer: A dwelling or residence designed as year-round living quarters,whether so used or not, and built on a chassis to be moved from site to site,whether used with or without a foundation." b. Add: "Trailer: A furnished vehicle drawn by a truck or automobile and used when parked as a dwelling or office." OR ACT IN RELATION THERETO. ARTICLE 17. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF ' NEWBURY ZONING BY-LAWS,ARTICLES X AND XI,TO ADD PROVISIONS FOR FENCES AS FOLLOWS: 1. In Article X, General Regulations,add § 97-10.G. Fences: G. Fences: (1) A building permit shall be obtained for all fences over six(6) feet in height and for installation of any fence greater than four(4) feet in height and less than 50%open which extends beyond the required front yard setback or the existing principal building, whichever is closer to the street. (2) All fences that require a permit shall be accompanied by a plot plan showing the location of the proposed fencing. (3) Fences may be installed up to but not on the property line. (4) Fences shall be installed with the finished or"good"side facing the adjoining property. (5) If the location of the fence is in dispute, it is the burden of the owner of the fence to certify its location. (6) Fences shall comply with 310 CMR and Newbury's Wetland By-Law. ' (7) If enclosing a swimming pool, spa, or hot tub, a fence must comply with the requirements of Appendix M of 780 CMR,The Massachusetts State Building Code. 2. In Article XI, § 97-11.D.(2)Written Definitions, add the following definition to be inserted in its correct location alphabetically: Fenee: Any structure constructed of wood,metal,wire mesh, or masonry erected for the purpose of screening one property from another either to assure privacy or to protect the 13 i property screened. For the purpose of this By-Law, a masonry wall is considered to be a fence. OR ACT IN RELATION THERETO. ARTICLE 18. To see if the Town will vote to charge for each written demand issued by the Tax Collector, effective July 1, 2010, a fee of$15.00 to be added to and collected as part of the tax, as authorized by G.L. c.60, §15, as amended by St. 2008, c182, §15; or act in relation thereto. ARTICLE 19. To see if the Town will appropriate from Free Cash the sum of $5,000.00 to fund the Treasurer's Tax Title Fund: or act in relation thereto. FINANCE COMMITTEE RECOMMENDS ARTICLE 20. To see if the Town will reauthorize the Recreation Committee to establish a revolving fund in accordance with Section 53E % of Chapter 44 of the General Laws for the purposes of maintaining certain fields, and, further that the Recreation Committee is authorized to spend$40,000.00 during Fiscal Year 2011; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS ARTICLE 21. To see if the Town will authorize the Board of Health to establish a revolving home composting bin account in accordance with Section 53E %Z of Chapter 44 of the General Laws in order to place revenue collected from the sale of compost bins which shall be used to purchase additional compost bins, advertise the availability of such bins, and, further, that the Board of Health is authorized to spend $5,000.00 during Fiscal Year 2011; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS ARTICLE 22. To see if the Town will vote to authorize the continuance of the"Municipal Waterways Improvement and Maintenance Fund" as established by Clause 72, Section 5 of Chapter 40 of the General Laws as a revolving fund account. Funding in addition o that required by Clause (i) Section 2 of Chapter 60B of the General Laws shall be by sums received from waterway fees, permits, fines or any other designated sources subject to all provisions of Section 53E ''/2 of Chapter 44 of the General Laws. The Harbormaster, subject to the approval of the Town Administrator, is authorized to spend $59,869.83 during the Fiscal Year 2011; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS ARTICLE 23. To see if the Town will authorize the Grange Hall Facilities Management Committee to establish a revolving fund in accordance with Section 53E r/2 of Chapter 44 of the General Laws for the purposes of maintaining certain town owned properties and, further, that the Grange Hall Facilities Management Committee is authorized to spend$20,000.00 during the next fiscal year; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS ARTICLE 24. To see if the Town will vote to amend Chapter 56 of its by- laws (Dogs and Other Animals) by adding to section 56-1A the following sentence: The license period shall run from January I" to December 3 1" of each calendar year, both dates inclusive; or act in relation thereto. ARTICLE 25. To see if the Town will vote to amend subsection 14 of Section 1-5 of Article II (Non-criminal disposition) of the Town's by-laws pertaining to Animal Regulations so that it reads as follows: 14. Animal Regulations, Chapter 109: Enforcing person: Animal Control Officer, Board of Health,Health Agent, Police Officers. 14 I Fine schedule: Article I (disposal of waste) - $50.00 first offense, $100.00 second offense, $150.00 third and subsequent offenses; Articles Il and III (restrictions of dogs on public beach) - $50.00 first offense, $100.00 second offense, $150.00 third and subsequent offenses; or act in relation thereto. ARTICLE 26. To see if the Town will vote to amend Article IV, of Chapter 93 (Vehicles and Traffic) of the Town's By-laws pertaining to violations of the parking regulations and prohibitions by replacing Section 93-20 (A)thereof with the following: A. Any vehicle violating the provisions of this Article shall be fined $50.00 for each , offense; And to amend subsection 11 of Section 1-5 of Article II (Non-criminal disposition ) of the Town's By-laws so that it reads as follows: 11. Vehicles and Traffic, Chapter 93: Enforcing person: Police Officers Fine schedule: Article IV (parking) - $50.00; Article VI (house numbering) — warning for first offense, $35.00 second and subsequent offenses; or act in relation thereto. ARTICLE 27. To see if the Town will vote to amend Chapter 45 (Beaches) of the Town's By-laws pertaining to preserving peace and good order on that portion of the public beach at Plum Island that falls within the Towns jurisdiction,by replacing Section 45-6 (D)thereof with the following: D. Fines for violation of this section shall be: 1" offense $50.00 2nd offense $100.00 P and subsequent offenses $150.00 ' A. Any person found violating the provisions of Section 45-2 and 45-3 shall be subject to a find of$100.00. Violations of Sections 45-4 and 45-5 shall be subject to a fine of $50.00 and violations of Sections 45-7 and 45-8 shall be subject to a fine of$20.00. Each violation shall constitute a separate offense; and to amend subsection 2 of Section 1-5 of Article II (Non-criminal disposition ) of the Town's By-laws so that it reads as follows: 11. Beaches, Chapter 45: Enforcing person: Police Officers Fine schedule: Sections 45-2 and 45-3 (Vehicles and Littering prohibited) - $100.00: Sections 45-5 and 45-5 (Games restricted and Fires prohibited) - $50.00 Section 45-6 (Animals restricted) - $50.00 first offense, $100.00 second offense, $150.00 third and subsequent offenses; Sections 45-7 and 45-8 (Balls and other objects restricted and Camping prohibited) - $50.00; or act in relation thereto. ARTICLE 28. To see if the Town will vote to appropriate the sum of $353,655.80 from Chapter 90 available funds for use by the Department of Public Works; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS ARTICLE 29: 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; or act in relation thereto. ARTICLE 30. To see if the Town will vote to assume liability in the manner provided by Section 29, 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 Massachusetts Department of Transportation and the Massachusetts Division of Highways for improvement, development, maintenance and protection within the Town of 15 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 if indemnity therefore to the Commonwealth; or act in relation thereto. ARTICLE 31. To see if the Town will vote to authorize the Board of Selectmen to accept from Marjory D. Robertson and Douglas C. Robertson a donation of the land situated at 30 Northern Boulevard,Plum Island, as more particularly described in a deed recorded with the Essex South Registry of Deeds at Book 24343,Page 327; or act in relation thereto. ARTICLE 32. To see if the Town will vote to authorize the Board of Selectmen to seek proposals and to convey, on such terms as they deem prudent, the 5.4 acre parcel of land on Plum Island situated southerly of Temple Boulevard that was conveyed to the Town by deed of the Free Men of Parker River dated May 29, 1953, and recorded in the Essex South Registry of Deeds at Book 4348,Page 269; or act in relation thereto. 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 13"DAY OF MAY, 2010. SELECTMEN,TOWN OF NEWBURY A TRUE COPY ATTEST: � 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: CONSTABLE: 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: CONSTABLE: 16 SELECTMEN'S MESSAGE Welcome to the Annual Town Meeting of the Town of Newbury. We appreciate your , attendance at the Annual Town Meeting and thank you for participating in the governance of the Town of Newbury. The Town Meeting Warrul is the agenda for the meeting. His drawn up by the Selectmen from various proposals unade by the Selectmen, Town Committees, other Boards, staff and citizens. li The Selectmen determine the order that the Articles appear in the Warrant. The Articles will be considered in the order in which they appear, unless the Moderator, or the meeting itself, changes that order. Each Article is iulended to gicc fair notice of the topic to be discussed and voted upon, thus any motion made at Town Meeting must be found by the Moderator to be within the scope of the printed Article. At the Towu Meeting, the motion made under each Article will describe the specific action tltat is proposed to be taken. The wording of the motion and any amendnteuts that might be offered to the main motion, may differ from the exact wording of the A1tiCle, but must be within the scope of the Article. Accordingly,please listen closely to the reading of the motion and any amendments made before voting. We request that attendees who wish to speak to an article approach one of the microphones set up throughout the meeting room. Please do not speak until you are recognized by the Moderator. Once you are recognized by the Moderator, please state your name and street address before speaking to the topic at hand. The'1'own Clerk maintains a record of each Town Meeting and it is essential that you identi fy yourself so that a complete and accurate ' record may be kept. The Town of Newbury could not function without the dedication of its many volunteers who regularly give their time and talent to the community. Citizens participate in town government in many different ways. Many save on our boards and committees, while others are active in less formal ways. in whatever manner our many volunteers participate in town government in Newbury, they make au invaluable contribution to our community. The Board of Selectmen world like to take this opportunity to thank all of the residents, business owners and the many others who support the community throughout the year. Your work is appreciated and essential and we ate very grateful to all of you. Sincerely, The Newbury Board of Selectmen Joseph Story, Chair Audrey Keller, Clerk Michael Bulgaris, Member Vincent Russo, Member Geoffrey Walker, Member I TOWN OF NEWBURY ANNUAL TOWN MEETING MAY 25,2010 RESULTS a Moderator Joan Weyburn called the Town Meeting to order at 7:05 pm with the checklist showing 81 registered voters. This number later increased to 109.Joan began the meeting by leading in the Pledge of Allegiance. The call and return of the meeting was read by Constable James Cunningham. In attendance were Town Administrator, Charles"Chuck"Kostro; Selectmen,Joe Story H, Chairman; Audrey Keller; Geoffrey Walker,Mike Bulgaris, and newly elected Selectman Charles "Chuck"Bear. Also Town Counsel,Tony Penski; Town Clerk,Anne Hatheway, Assistant Town Clerk,Leslie Haley; Finance Committee Members,Frank Remley,Larry Guay,Bill Cooper,Anna Tenaglia,Richard Passeri, and Bob Connors. There was 12 non-voters present: Victor Tine,Newburyport Daily News; Bill DeRosa and Kevin Mahoney,Whittier Vocational Technical High School; Sandra Halloran,Triton High School Superintendent; Brian Forget,Triton Business Manager; Paul Lees,(Rowley)Triton School Committee; Jennifer Brown,Director of the Newbury Town Library; David Lewis, Reporter; Richard&Barbara Moynihan,Property Owners; John &Jean Spellman, Marshfield,Wisconsin. The Checkers at the door were Kathy Sirois,Marge Emerson, Ed Carpenter,Harry Fish,and Francis Webb. The Counters foi- the meeting were Jim Cunningham and Nick Hatheway,Jr. 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 25th DAY OF MAY AT 7:00 P.M.TO ACT ON THE FOLLOWING ARTICLES,VIZ: ARTICLE 1. To act on the reports of the Selectmen, School Committee, Regular and Special Committees and all other Town Officers. Motion: Moved Seconded Vote: Unanimous 2 SELECTMEN'S MESSAGE , Welcome to the Annual Town Meeting of the Town of Newbury. We appreciate your attendance at the Annual Town Meeting and thank you for participating in the governance of the Town of Newbury. The Town Meeting Warrant is the agenda for the meeting. It is drawn up by the Selectmen from various proposals made by the Selectmen, Town Committees, other Boards, staff and citizens. The Selectmen determine the order that the Articles appear in the Warrant. The Articles will be considered in the order in which they appear,unless the Moderator, or the meeting itself, changes that order. Each Article is intended to give fair notice of the topic to be discussed and voted upon, thus any motion made at Town Meeting must be found by the Moderator to be within the scope of the printed Article. At the Town Meeting,the motion made under each Article will describe the specific action that is proposed to betaken. The wording of the motion and any amendments that might be offered to the main motion, may differ from the exact wording of the Article,but must be within the scope of the Article. Accordingly, please listen closely to the reading of the motion and any amendments made before voting. We request that attendees who wish to speak to an article approach one of the microphones set up throughout the meeting room. Please do not speak until you are recognized by the Moderator. Once you are recognized by the Moderator,please state your name and street ' address before speaking to the topic at hand. The Town Clerk maintains a record of each Town Meeting and it is essential that you identify yourself so that a complete and accurate record may be kept. The Town of Newbury could not function without the dedication of its many volunteers who regularly give their time and talent to the community. Citizens participate in town government in many different ways. Many serve on our boards and committees, while others are active in less formal ways. In whatever manner our many volunteers participate in town government in Newbury, they make an invaluable contribution to our community. The Board of Selectmen would like to take this opportunity to thank all of the residents, business owners and the many others:who support the community throughout the year. Your work is appreciated and essential and we are very grateful to all of you. Sincerely, The Newbury Board of Selectmen Joseph Story, Chair Audrey Keller, Clerk Michael Bulgaris, Member Vincent Russo,Member Geoffrey Walker, Member ARTICLE 2. To see if the Town will fix the salaries and compensation of all certain elective officers of the Town as follows: Town Moderator $100 Board of Selectmen Each Member $3,000 Board of Assessors Chair $3,500 Member $2,500 Town Clerk $49,165.33 Tree Warden $3,000 Fish Conunissioner Each Member $1,000 Moved Seconded Vote: Unanimous ARTICLE 3. To see if the Town will vote to raise and appropriate or take from available funds the sum of$6,785,522.85; and take from the Special Assessment Fund the sum of$550,000.00; for the operation of the Town'in.Fiscal Year 2011. FINANCE COMMITTEE RECOMMENDS FY 11 FY 10 CHANGE TOWN MTG. MODERATOR 100 100 0 SELECTMEN SALARIES 15,000 15,000 0 TOWN ADMINSTRATOR SALARY 115,000 95,000 21% TOWN ADMINISTRATOR EXPENSE 5,000 0 - SELECTMEN ADMIN. ASST. SALARY 45,815.94 46,276.16 -1% SELECTMENS EXPENSE 5,000 6,000 -17% FINANCE COMMITTEE EXPENSES 425 175 143% RESERVE FUND 35,000 75,000 -53% TREASURER/COLLECTOR SALARY 81,000 71,834 13% TREASURER/COLLECTOR EXPENSE 44,875 39,150 15% ACCOUNTANT SALARIES 43,348.30 58,096 -25% ACCOUNTANT EXPENSES 16,275 10,500 55% ASSESSORS SALARY 8,500 9,890 -14% ASSESSOR WAGES 45,355.38 45,355.38 0 ASSESSOR EXPENSES 50,000 55,000 -9% AUDIT TOWN BOOKS 25,000 25,000 0 LEGAL EXPENSE 75,000 75,000 0 PERSONNEL BOARD 500 0 - TOWN CLERK'S SALARY 49,165.33 49,165.33 0 TOWN CLERK WAGES 31,395 31,395 0 TOWN CLERK EXPENSES 9,000 4,875 85% ELECTION EXPENSE 10,000 6,750 48% REGISTRARS VOTERS SALARIES 750 750 0 REGISTRARS VOTERS EXPENSE 0 4,500 -100% CONSERVATION COMM. AGENT SALARY 5,421 12,671 -57% CONSERVATION COMM. WAGES 11,640.72 12,445.44 -6% CONSERVATION COMM. EXPENSES 4,500 5,000 -10% TREE WARDEN SALARY 3,000 3,000 0 TREE WARDEN EXPENSE 0 5,000 -100% 3 CLAM FLATS TOWN WAGES 4,000 4,000 0 , PLANNING BOARD WAGES 59,291 69,291 0 PLANNING BOARD EXPENSES 3,615 3,615 0 MERRIMACK VALLEY PLANNING COMM. 2,215.08 2,215,08 0 PICTOMETRY,MIMAP,ASSESSORS MAP 3,000 ZONING BOARD OF APPEALS WAGES 900 900 0 ZONING BOARD OF APPEALS EXPENSES 250 23D 9% IT SERVICES 15,000 0 PUBLIC BUILDING EXPENSE 90,000 74,000 22% TOWN REPORTS 1,500 1,500 0 INSURANCE EXPENSE 155,750 153,000 2% POLICE WAGES 1,114,425.40 1,170,835.14 -5% POLICE EXPENSE 131,000 110,000 19% FIRE PROTECTION-WAGES-P#1 102,025.12 102,025.12 0 FIRE PROTECTION-WAGES -P#2 91,809.99 91,809.99 0 CALL FIRE P# 1 74,571A6 70,658 6% CALL FIRE P#2 74,571.16 70,658 6% FIRE PROTECTION-FLAT RATE-P#1 74,750 74,750 0 FIRE PROTECTION-FLAT RATE-P#2 74.750 74,750 0 FOREST FIRES-P# 1 2,500 -100% FOREST FIRES-P#2 2,500 -100% FIRE ALARM MAINT. EXPENSE 7,000 7,000 0 AMBULANCE SERVICE 15,000 15,000 0 ' BUILDING INSPECTOR SALARY 58,849.33 58,599.33 0 ASST. BUILDING INSPECTOR 9,400 9,400 0 BUILDING INSPECTOR WAGES 11,640.72 0 - BUILDING INSPECTOR EXPENSE 4,800 .5,150 -7% GAS INSPECTOR'S EXPENSE 0 4,500 -100% PLUMBING INSPECTOR'S EXPENSE 0 8,500 -100% SEALER OF WEIGHTS & MEASURES 2,500 2,500 0 WIRE INSPECTOR'S EXPENSE 0 9,500 -100% INSPECTIONAL SERVICE FEES 25,000 - PLUM ISLAND BEACH MANAGEMENT 5,000 - ACO SALARY 20,984 20,984 0 AGO EXPENSE 2,700 3,000 -10% PARKING CLERK SALARY 2,220 2,400 -8% PARKING CLERK EXPENSES . 400 420 -5% HYDRANT SERVICE 15,000 11,475 31% HIGHWAY LABOR 433,841.72 438,372.74 -1% HIGHWAY MAINTENANCE EXPENSE 175,0013 160,000 9% SNOW REMOVAL WAGES/EXPENSE 95,000 95,000 0 CONSULTING ENGINEER EXPENSE 15,000 STREET LIGHTING 25,000 40,000 -38% BOARD OF HEALTH WAGES 58,108.75 58,108.75 0 BOARD OF HEALTH EXPENSES 225,000 230,000 -2% COUNCIL ON AGING WAGES 65,568.66 69,736.98 -6% ' COUNCIL ON AGING EXPENSES 7,750 8,940 -13% VETERANS DIRECTOR STIPEND 3,000 2,400 25% VETERANS SERVICES 15,000 25,000 -40% 4 NEWBURY TOWN LIBRARY WAGES 196,562.44 203,308.86 -3% NEWBURY TOWN LIBRARY EXPENSES 52,500 52,500 0 LIFEGUARD WAGES 0 39,000 -100% LIFEGUARD EXPENSES 0 3,000 -100% HISTORIC COMMISSION 650 650 0 375T" ANNIVERSARY COMMITTEE 375 375 0 MEMORIAL DAY 750 400 88% COST OF BONDING 17,500 17,500. 0 LONG TERM DEBT PRINCIPAL 1,817,007.68 1,983,275.86 -8% SHORT TERM DEBT INTEREST 14,668.07 23,840 -38% LONG TERM DEBT INTEREST 507,472.95 569,820.71 -11% HEALTH & DENTAL INSURANCE 582,732.95 533,160 9% EMPLOYEE LIFE INSURANCE 1,300 1,300 0 MEDICARE-TOWN EXPENSE 35,750 65,139 -45% ARTICLE 3 TOTALS 7,335,522.85 7,536,411.87 -2.7% Moved Seconded Vote: Unanimous ARTICLE 4. To see if the Town will vote to raise and appropriate the sum of $8,898,893.00 for the purpose of ftuiding the capital improvement and operating assessment of the Town by the Triton Regional School District for Fiscal Year 2011. FINANCE COMMITTEE RECOMMENDS Motion: Moved Seconded Vote: Unanimous ARTICLE 5. To see if the Town will vote to raise and appropriate the sum of $118,233.00 for the Whittier Vocational School's Fiscal Year 2011 assessment to the Town of Newbury. FINANCE COMMITTEE RECOMMENDS Motion: Moved Seconded Vote: Unanimous ARTICLE 6. To see if the Town will vote to raise and appropriate or take from available funds the sum of$393,661.78 for the Essex Regional Retirement Board's assessment to the Town of Newbury for Fiscal Year 2011. FINANCE COMMITTEE RECOMMENDS Motion: Moved Seconded Vote: Unanimous ARTICLE 7. To see if the Town will vote to raise and appropriate the sum of $2,970.00 for use by the Essex County Mosquito Control Project to maintain its program of trapping the adult greenhead flies during the suininer of 2010. FINANCE COMMITTEE RECOMMENDS Motion: Moved Seconded Vote: Unanimous 5 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 one dollar($1.00) for the necessary maintenance during the ensuring year of the Mosquito Control Works constricted in the Town. Motion: Moved Seconded Vote: Unanimous ARTICLE 9. To see if the Town will vote to appropriate from Free Cash the sum of $100,000.00 for the purposes of reducing the tax rate in Fiscal Year 2011; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS Motion: Moved Seconded Vote: Unanimous ARTICLE 10. To see if the Town will vote to approve $3,294,627 of debt authorized by the Whittier Vocational Technical High School District("District"), on March 10, 2010, a sum of money to be expended under the direction of the Whittier Regional Vocational Technical High School Building Committee for a roof repair project for the Whittier Regional Vocational Technical High School, located at 115 Amesbury Line Road, Haverhill,MA 01830. The proposed repair project would materially extend the useful life of the school and preserve as asset that otherwise is capable of supporting the required educational program. The Massachusetts School Building Authority's ("MSBA") grant , program is a non-entitlement discretionary program based on need, as determined by the MSBA, and any project costs the District incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the District and assessed annually during the term of the outstanding debt to the Town of Newbury pursuant to its Regional Agreement. Any grant that the District may receive from the MSBA for the Project shall not exceed the lesser of(1) $66.18 percent of eligible, approved project costs, as determined by the MSBA, or(2) the total maximum grant amount as determined by the MSBA, or act in relation thereto. Motion: Moved Seconded Motion: Russell Osborn, 61 Hanover Street- Whittier Regional Vocational School Representative. MOTION Moved,that the Town of Newbury approve the debt authorized by the Whittier Regional Vocational Technical High School District on March 10,2010 in the amount of Three Million,Two-Hundred Ninety- Four Thousand,Six Hundred Twenty-Seven($3,294,627)Dollars for a roof repair project for the Whittier Regional Vocational Technical High School,located at 115 Amesbury Line Road,Haverhill,MA 01930, which proposed repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program,said sum to be expended under the direction of the Whittier Regional Vocational Technical High School Building Committee,and to meet said appropriation,the Whittier Regional Vocational Technical High School District is authorized to borrow said sum under M.G.L. Chapter 44,M.G.L. Chapter 71, Section 16(d), or any other enabling authority;that the Town of Newbury acknowledges that the Massachusetts School Building Authority's("MSBA")grant , program is a non-entitlement,discretionary program based on need, as determined by the MSBA, and any project costs the District incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the District and assessed annually during the term of outstanding debt to the Town of 6 Newbury pursuant to its Regional Agreement;provided further that any grant that the District may receive from the MSBA for the Project shall not exceed the lesser of(1)66.18 percent of eligible,approved project costs, as determined by the MSBA,or(2)the total maximum grant amount as determined by the MSBA. Motion: Moved Seconded Vote: The article as amended passed Unanimously ARTICLE 11. To see if the Town will vote to accept Section 20 of Chapter 32B relative to the creation of a municipal trust fund for the purpose of funding Other Post Employment Benefits (OPEB). FINANCE COMMITTEE RECOMMENDS Motion: Moved Seconded Vote: Unanimous ARTICLE 12. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation as follows: AN ACT PROVIDING FOR THE ESTABLISHMENT OF A FIRE DEPARTMENT IN THE TOWN OF NEWBURY. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: SECTION 1. It is hereby recognized that Protection Fire Co. No. 1 Byfield, Massachusetts and Protection Fire Co. No. 2 have played a unique role in the history of the town of Newbury. The town seeks to preserve the special relationship it has shared with the fire companies in the provision of fire protection services to the town. While the town has centralized fire protection services known generally as the Newbury Fire Department, which is defined as all appointed firefighters in the town of Newbury, under the direction of the town's board of fire engineers, it is further recognized that to best leverage the limited financial and physical resources of the town, the continued relationship of the town with the fire companies will provide important supplementary resources and support to maintain the high level of fire protection services the people of the town of Newbury have come to expect. SECTION 2. Notwithstanding any general or special law to the contrary, there shall remain in place two fire companies within the jurisdictional limits of the town of Newbury under the operational control of a single board of fire engineers,who shall be appointed annually by the board of selectmen as provided for in section 45 of chapter 48 of the General Laws.. The chief engineer shall have the duties and responsibilities of the fire chief for the town of Newbury. Any member of the board of fire engineers of the town may be removed for cause by the board of selectmen at any time after a hearing. Nothing in this act shall grant tenure to any member of the board of fire engineers. SECTION 3. (a) Except as otherwise provided in subsection(b), the board of fire engineers and the fire chief shall have the duties and responsibilities described in this subsection. The fire chief shall have general charge of extinguishing fires in the town of Newbury and the protection of life and property in case of fire or other emergency. The i 7 board of fire engineers and fire chief shall have and exercise all the powers and discharge all ' the duties conferred or imposed by statute upon engineers in towns and fire chiefs, except as herein provided, and shall appoint 1 or more deputy fire chiefs and such other officers and firefighters as the board of fire engineers consider necessary or appropriate and may remove the same for cause at any time after a hearing.Newly appointed firefighters shall serve a probationary period of 1 year, during which time they shall perform the duties of a firefighter and may be removed at any time after a hearing. In responding to fires and other emergencies, all officers and firefighters appointed by the board of fire engineers shall be considered employees of the town, subject to the authority of the board of fire engineers and the fire chief and any rules and regulations adopted by the board of fire engineers or the fire chief for operation of the department and all applicable General Laws. Notwithstanding any provision that maybe contained in any general or special law to the contrary, any elected or appointed official or employee of the town of Newbury shall also be eligible to serve as a member of the board of fire engineers or as a town firefighter, or both. The board of fire engineers shall have full and absolute authority in the administration of the department, shall make all rules and regulations for its operation, shall report to the board of selectmen from time to time as the board of selectmen may require, and shall annually report the condition of the fire department to the town along with board of fire engineers' and the fire chiefs recommendations thereto. The board of fire engineers shall determine the compensation of the permanent full-time,permanent part-time and call members of the fire department, subject to the approval of the board of selectmen. The board of fire engineers shall, in the expenditure of money,be subject to such further limitations as the town may, from time to , time, prescribe. (b) The board of selectmen, in consultation with the board of fire engineers, may, at its sole discretion, enter into contracts with Protection Fire Co. No. 1 Byfield, Massachusetts and Protection Fire Co. No. 2 for fire protection apparel, equipment and facilities. Execution of such contracts shall not require the approval of the town meeting. Sections 38A1/2 through 380 of chapter 7 of the General Laws, and chapters 30, 30B, and 149 of the General Laws shall not apply to the contracts. (c) A contract between the town of Newbury and Protection Fire Co. No. 1,Byfield, Massachusetts or Protection Fire Co.No 2 shall not exceed a period of 10 years; provided, however, that the board of selectmen may extend such contract, or negotiate any new contract, for up to 2 additional periods of up to 10 years each. The financial obligation of the town of Newbury under any such contract shall be subject to annual appropriation. (d) Upon a majority vote of the entire board of selectmen, and with the approval of town meeting, the town may permanently sever its relationship with either firefighting company and terminate any contracts entered into pursuant to this act upon 60 -days written notice of termination from the board of selectmen, at which time subsection (b) shall no longer be in effect with respect to the firefighting company to which notice was provided in accordance with this section. Failure to enter into a contract,negotiate a new contract, or extend an existing contract for the purposes authorized herein shall not be considered to constitute ' permanent severance of the relationship of the town with the fire companies as set forth in the preceding clause. 8 SECTION 4. Any individual appointed as a firefighter by the board of fire engineers as of the effective date of this act shall continue in that position until the expiration of the term of appointment of such firefighter,notwithstanding any other provision of this act. Appointments of firefighters shall thereafter be made in accordance with subsection (a) of section 3. SECTION 5 This act shall take effect upon its passage; or act in relation thereto. Motion: Moved Seconded Vote: Unanimous ARTICLE 13 To see if the Town will appropriate from Free Cash the sum of $1,106.18 to pay a certain prior year bill of the Health Department, or act in relation thereto. Motion: Moved Seconded Vote: Unanimous (4/5 vote needed) SCOTT ACKERLY, 55 Southern Boulevard, made the motion to hear Articles 25, 27, and 32 before Article 14. Motion: Moved Seconded Vote: Standing count was taken --24 in favor—57 opposed. Motion: Denied (continue in regular order) ARTICLE 14 TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS, ARTICLE 11, USE DISTRICTS, THE ZONING MAP PERTAINING TO § 97-2.D.(3) WATER SUPPLY PROTECTION, AND THE ZONING OVERLAY DISTRICT MAP AS FOLLOWS: 1. In § 97-2.D.(3) Water Supply Protection, replace the words "`Water Resources, Town of Newbury,' dated March 31, 2003" with the words "`Town of Newbury — Water Supply Protection Districts,' dated March 9, 2010", so that this section reads as follows: (3) Water Supply Protection: Shall 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 "Town of Newbury — Water Supply Protection Districts," dated March 9, 2010, and on file in the office of the Town Clerk. 2. Replace the map entitled "Town of Newbury — Water Supply Protection District," dated March 31, 2003, with a new map entitled "Town of Newbury — Water Supply Protection Districts,"dated March 9,2010. 9 I 3. Replace the map entitled "Town of Newbury — Zoning Overlay Districts," dated May 17, 2007 with a new map entitled"Town of Newbury—Zoning Overlay Districts," dated March 9, 2010. OR ACT IN RELATION THERETO. Motion: Moved Seconded Vote: Unanimous (2/3 vote needed) T ARTICLE 15 TO SEE IF THE TOWN WILL VOTE O AMEND THE TOWN OF NEWBURY ZONING BY-LAWS,ARTICLE V, SPECIAL PERMITS GENERAL,BY REPLACING THE EXISTING §97-5.C. OPEN SPACE RESIDENTIAL DEVELOPMENT WITH A NEW §97-5.C. OPEN SPACE RESIDENTIAL DEVELOPMENT AS FOLLOWS: C. Open Space Residential Development. (1) Purpose and intent. (a) The Primary Purposes for the Open Space Residential Development (OSRD)By-Law are the following: 01) To allow for greater flexibility and creativity in the design of residential developments; 02) To encourage the permanent preservation of open space, , agricultural land, forestry land, wildlife habitat, other natural resources including aquifers, water bodies and wetlands, and historical and archaeological resources in a manner that is consistent with Newbury's open space plan; 03) To encourage a less sprawling and, more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional or grid subdivision; 04) To minimize the total amount of disturbance on the site; 05) To further the goals and policies of the open space plans; 06) To facilitate the construction and maintenance of housing, streets, utilities, and the provision of public services in a more economical and efficient manner. (b) The Secondary Purposes for OSRD are the following: O1) To preserve and enhance the community character; 02) To protect the value of real property; 10 03) To provide for a diversified housing stock; 04) To provide affordable housing to persons of low and moderate income; 05) To provide open space lands managed for passive recreation which are accessible to the public. (2) Definitions. a Basic maximum number: the number of lots/dwelling units that would be allowed on the site using Newbury Zoning By-Law provisions and/or. Subdivision Rules and Regulations as determined by a Yield Plan. Requirements for contents of the Yield Plan are to be found in the OSRD Rules and Regulations; see § 97-5.C. (3) and § 97-5.C. (7)below. (b) Conventional subdivision: a development of land subject to and governed by Chapter-117, Planning Board's Rules and Regulations for the Subdivision of Land and any and all rules and regulations established by the Planning Board under said Chapter 117. (c) Low and moderate income: income levels as defined by the Commonwealth's Department of Housing and Community Development for the Town of Newbury, based on the formulas for its currently assigned geographic area. (3) Authority. The Planning Board shall act as the Special Permit Granting Authority for OSRD applications.The Planning Board may adopt, and from time to time amend,Rules and Regulations consistent with the provisions of this By-Law and G..L.c.40A and other provisions of the General Laws, and shall file a copy of said Rules and Regulations with the Town Clerk. (4) Applicability. (a) Any subdivision of land or development that will create more than four lots or units shall submit an application for OSRD to the Planning Board. The applicant shall have the option of development under the subdivision process as found in Chapter 117, Planning Board's Rules and Regulations for the Subdivision of Land, or under the OSRD. ( ) Contiguous uous Parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of contiguous parcels. (c) Land Division. To be eligible for consideration as an OSRD, the tract may be a subdivision, provided, however, that an OSRD may also be permitted where intended as a condominium on land not so � 11 divided or subdivided. , (5) Special permit required. The Planning Board may authorize an OSRD pursuant to the grant of a special permit. Such special permits shall be acted upon in accordance with the following provisions. (6) Segmentation. It is the intent of this By-Law to prohibit the subdivision or phasing of development which is planned in order to avoid the application of this section. It shall be presumed that the land held irn common ownership at the time of enactment of this By-Law should be included for the purposes of calculating the number of lots. It shall also be presumed that phased development of land held in common ownership shall be considered in its totality rather than as separate projects. These presumptions are rebuttable only upon credible evidence to the contrary. Where division of land appears to be phased, a covenant may be placed upon the remaining land requiring compliance with this By-Law. (7) Application Procedure and Requirements. Applicants shall submit applications for an OSRD special permit in accordance with the Rules and Regulations Governing Open Space Residential Development as adopted and amended by the Planning Board. (8) Design process. At the time of the application for a special permit for ' OSRD, applicants are required to demonstrate to the Planning Board that the following Design Process was performed by a multidisciplinary team of ' which one member must be a certified Landscape Architect and was considered in determining the layout of proposed streets, house lots, and unit placement if treated as a condominium, including designation of all common areas and open space. (a) Step One: Identifying Conservation Areas. Identify preservation land by two steps. First, Primary Conservation Areas (such as wetlands, riverfront areas, and floodplains regulated by state or federal law) and Secondary Conservation Areas (including unprotected elements of the natural landscape such as steep slopes, mature woodlands, prime farmland, meadows, wildlife habitats and cultural features such as historic and archaeological sites and scenic views) shall be identified and delineated. Second, the Potentially Developable Area shall consist of land outside identified Primary and Secondary Conservation Areas; (b) Step Two: Locating House Sites. Locate the approximate sites of individual houses within the Potentially Developable Area and include the delineation of private yards and shared amenities, so as to reflect an integrated community, with emphasis on the goals of the current Master Plan for Newbury. The number of homes, or units, if a condominium proposal, enjoying the open space character of the amenities of the development should be maximized; 12 (c) Step Three: Aligning the Streets and Trails. Align streets in order to access the house lots or units. Additionally,new trails should be laid out to create iinternal'and external connections to existing and/or potential future streets, sidewalks, and trails. Points of proposed public access to the conservation areas should be clearly delineated; (d) Step Four: Draw in the lot lines,if not treated as a condominium. (9) Design standards: The following Generic and Site Specific Design Standards shall apply to all OSRDs and shall govern the development and design process. (a) Generic Design Standards: 01) The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainage ways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme; 02) Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel; 03) Mixed-use development shall be related harmoniously to the terrain and the use, scale, and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. Proposed buildings shall be related to their surroundings; 04) All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties; 05) The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties. (b) Site Specific Design Standards. 13 I . 01) Mix of Housing Types, The OSRD may consist of any , combination of single-family and two-family structures. Multifamily strictures of not more than four (4) units may also be permitted by the Planning Board if they serve the purpose and intent of the Open Space Residential Development By-Law, as stated in section §97-5C.(I).; 02) Parking. Each dwelling unit shall be served by two (2) off- street parking spaces. Parking spaces in front of garages may count in this computation; 03) Drainage. Stormwater management shall be in compliance with Chapter 97, "Stormwater Management and Illicit Discharge and Erosion Control'of the Code of the Town of Newbury where applicable. The Planning Board shall encourage the use of low impact design (nonstructural) stormwater management techniques (such as swales, filter strips, constructed wetlands and bioretention cells) and other drainage techniques that reduce impervious surface and enable infiltration to the greatest degree permitted by soil types and conditions at the site; 04) Screening and Landscaping. All structural surface stormwater management facilities shall be accompanied by , a conceptual landscape plan; 05) On-site Pedestrian and Bicycle Circulation. Walkways, trails and bicycle paths shall be provided to link residences with recreation facilities (including parkland and open space) and adjacent land uses where appropriate; 06) Disturbed Areas. Every effort shall be made to minimize the area of disturbed areas on the tract. A disturbed area is any land not left in its natural vegetated state. (10) Reduction of dimensional requirements. The Planning Board encourages applicants to modify lot size, unit placement, shape, and other dimensional requirements for lots within an OSRD,subject to the following limitations: (a) Lots having reduced area or frontage shall not have frontage on a street other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this By- Law; (b) At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board. Where structures containing three to four dwelling units are being proposed, the side lot lines between units 14 I� may be 0 feet, however the distance between structures shall be a minimum of 20 feet; (c) Minimum Frontage: The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however,that no lot shall have less than 50 feet of frontage; (d) Setbacks: Every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side lot line.In the event that dwellings are located on exclusive use areas or contain no interior lot lines, a minimum distance of 20 feet between single and two-family dwellings shall be required. (11) Increases in permissible density. The Planning Board may award a density bonus to increase the number of dwelling units beyond the Basic Maximum Number. The density bonus for the OSRD shall not, in the aggregate, exceed fifty percent (50%) of the Basic Maximum Number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: (a) For each additional ten percent (10%) of the site (over and above the required 50%) set aside as open space, a bonus of one additional unit or five percent (5%) of the Basic Maximum Number, whichever is greater, may be awarded. (b) For every one (1) dwelling unit restricted to occupancy for a period in perpetuity by persons or families who qualify as low or moderate income, two(2) dwelling units may be added as a density bonus for each low income unit,.one (1) dwelling unit as a bonus for each moderate income unit. (c) For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit may be added as a density bonus. (12) Open space requirements. (a) Open Space. A minimum of fifty percent (50%) of the upland shown on the development plan shall be open space. Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a permanent conservation or agricultural 'preservation restriction in accordance with G.L. c. 184 § 31, approved by the Planning Board and Board of Selectmen/Town Counsel and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, providing that such land shall be perpetually kept in an open state; that it shall be preserved exclusively for the purposes set forth 15 herein,and that it shall be maintained in a manner which will ensure , its suitability for its intended purposes. Any proposed open space that does not qualify for inclusion in the Conservation Restriction or that is rejected from inclusion in the Conservation Restriction by the Commonwealth of Massachusetts will be subject to a Restrictive Covenant, that shall be approved by the Planning Board and Board of Selectmen/Town Counsel and enforceable by the Town. 01) The open space shall be contiguous. Contiguous shall be defined as being connected. Open Space will still be considered connected if it is separated by a roadway or an accessory amenity. The Planning Bard may waive this requirement for all or part of the required open space where it is determined that allowing noncontiguous open space will promote the goals of this By-Law and/or protect identified primary and secondary conservation areas. 02) The open space shall be used for wildlife habitat and conservation and the following additional purposes: historic preservation, outdoor education, passive recreation, agriculture, horticulture, together with suitable access for such purposes. The Planning Board may permit a small portion of the open space to be paved or built upon for , structures accessory to the dedicated use or uses of such open space(i.e.,pedestrian walks and bike paths) so long as it supports the primary and secondary purposes of the OSRD. 03) Wastewater and stormwater management systems serving the OSRD may be located within the open space. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required. (b) Ownership of the Open Space.The open space shall, at the Planning Board's election,be conveyed to: 01) A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above; 02) The Town or its Conservation Commission; 03) A corporation, homeowners association or trust owned jointly or in common by the owners of lots or units within the OSRD. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust which shall provide for mandatory assessments for 16 I maintenance expenses to each lot and unit. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such homeowners association, trust or corporation shall be submitted to the Planning Board for approval,and shall thereafter be recorded; 04) A private owner for agricultural, horticultural or forestry uses. I (c) Maintenance and Monitoring of Open Space. 01) In any case where open space is not conveyed to the Town, the Town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land. Such easement shall provide that in the event the trust or other owner fails to maintain the open space in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. The Town may file a lien against the lot or lots to ensure payment of such maintenance. 02) An endowment fund shall be created, to be held by either the owner of the open space or by the holder of the conservation covenant, to provide for the cost of annual monitoring of the condition and management of the open space, said monitoring to be performed by an established nonprofit conservation organization and reports provided to the Newbury Conservation Commission. (13) Decision of the Planning Board. (a) The Planning Board may grant a special permit for an OSRD-if it determines that the proposed OSRD has less detrimental impact on the tract than a conventional development proposed for the tract, after considering the following factors: O1) Whether the OSRD achieves greater flexibility and creativity in the design of residential or unit developments than a conventional plan; 02) Whether the OSRD promotes permanent preservation of open space, agricultural land, forestry land, other natural resources including water bodies and wetlands, and historical and archaeological resources; 17 I 03) Whether the OSRD promotes a less sprawling and more ' efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional subdivision; i 04) Whether the OSRD reduces the total amount of disturbance on the site; 05) Whether the OSRD furthers the goals and policies of the open space and master plans; i 06) Whether the OSRD facilitates the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner; 07) Whether the Concept Plan and its supporting narrative documentation complies with all sections of this zoning By- Law. i (b) The special permit for the OSRD Concept Plan shall be reconsidered if there is substantial variation between the Open Space Definitive Subdivision Plan and the Concept Plan. If the , Planning Board finds that a substantial variation exists, it shall hold a public hearing on the modifications to the Concept Plan. A substantial variation shall be any of the following: O1) An increase in the number of building lots and/or units; 02) A significant decrease in the open space acreage; 03) A significant change in the lot layout or unit placement; 04) A significant change in the general development pattern which adversely affects natural landscape features and open space preservation; 05) Significant changes to the storrnwater management facilities; and/or 06) Significant changes in the wastewater management systems. i (c) The Planning Board approval of a special permit hereunder shall not substitute for compliance with the Subdivision Control Law, nor oblige the Planning Board to approve a related definitive plan for , subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board shall, insofar as practical under law, adopt regulations establishing procedures for submission of a combined 18 plan and application which shall satisfy this section and the Board's regulations under the Subdivision Control Law. To the extent permitted by law, the Planning Board shall coordinate the public hearing required for any application for a special permit for an. OSRD with the public hearing required for approval of a definitive subdivision plan. OR ACT IN RELATION THERETO. David Powell, Planning Board Member spoke on this Article and followed up by answering questions from residents. Questions were asked by Fred Thurlow, 26 Marsh Ave in regards to an explanation of the difference between the old O S R D and the new? Bill Plante,20 Hay St., asked is this proposal going to effect possible Commercial development on Route 1? Carol Bell,48 Hay St, asked about housing for low income residents? Motion: Moved Seconded Vote: declared 2/3 vote (2/3 vote needed) ARTICLE 16. TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS, ARTICLES X AND XI, TO ADD PROVISIONS FOR TEMPORARY TRAILERS AND MOBILE HOMES AS FOLLOWS: 1. In Article X,General Regulations, add § 97-10.F.Temporary Trailers and Mobile Homes: F. Temporary Trailers and Mobile Homes. (1) Purpose and Intent: It is the intent of this article to provide for the temporary use and occupancy of trailers and mobile homes within the Town of Newbury, subject to the limitations below. (2) Allowed Use: A trailer or mobile home may be used on any lot as provided below: (a) The owner or occupier of.a residence which has been destroyed by fire or natural disaster may place a mobile home on the site of such residence and may,by right,reside in such mobile home for a period not to exceed the shorter of eighteen (19) months or the life of the active building permit, not to exceed 15 calendar days after the issuance of an occupancy permit, while the residence is being rebuilt. Any such mobile home shall be subject to all required local and state permits and approvals. (b) The tenant of a commercial place of business which has been destroyed by fire or natural disaster may place a trailer on the site of such place of business and may, by right, occupy such trailer for a period not to exceed the shorter of eighteen (18) months or the life of an active building permit, not to exceed 15 calendar days after the issuance of an occupancy permit, while the business premises are being rebuilt. Any such trailer shall be subject to all required local and state permits and approvals. 19 i (c) A trailer may be used for a construction site office on a temporary basis; such trailer to be removed upon completion of the construction project. (3) Removal of Trailer: Within five (5)business days of the removal of the trailer, notice in writing shall be given to the Building Department. The notice shall include the owner's name and address, the address the trailer was removed from (if different), and shall be signed and dated by the owner. The provisions of§ 97-1 LA.(1), Authority to enforce, shall apply for each day the trailer remains on site beyond 15 calendar days after issuance of a certificate of occupancy. 2. In Article XI, § 97-11.D.(2) Written Definitions, amend and add the following definitions to be inserted in their correct location alphabetically: a. Delete the word"permanent" from the definition for Mobile Home or House Trailer so that the revised definition reads: "Mobile Horne or House Trailer: A dwelling or residence designed as year-round living quarters, whether so used or not, and built on a chassis to be moved from site to site,whether used with or without a foundation." b. Add: "Trailer.A furnished vehicle drawn by a truck or automobile and used when parked as a dwelling or office." OR ACT IN RELATION THERETO. Kathleen Pearson,Planning Board Member, spoke on this Article. , Motion: Moved Seconded Vote :Declared Unanimous (2/3 vote needed) ARTICLE 17 TO SEE IF THE TOWN WILL VOTE TO AMEND THE TOWN OF NEWBURY ZONING BY-LAWS, ARTICLES X AND XI,TO ADD PROVISIONS FOR FENCES AS FOLLOWS: 1. In Article X, General Regulations, add § 97-10.G.Fences: G. Fences: (1) A building permit shall be obtained for all fences over six(6) feet in height and for installation of any fence greater than four(4) feet in height and less than 50% open which extends beyond the required front yard setback or the existing principal building, whichever is closer to the street. (2) All fences that require a permit shall be accompanied by a plot plan showing the location of the proposed fencing. (3) Fences may be installed up to but not on the property line. (4) Fences shall be installed with the finished or"good" side facing the adjoining , property. (5) If the location of the fence is in dispute, it is the burden of the owner of the fence to certify its location. 20 (6) Fences shall comply with 310 CMR and Newbury's Wetland By-Law. (7) If enclosing a swimming pool, spa, or hot tub, a fence must comply with the requirements of Appendix M of 780 CMR,The Massachusetts State Building Code. 2. In Article XI, § 97-11.D.(2)Written Definitions,add the following definition to be inserted in its correct location alphabetically: Fence: Any structure constructed of wood, metal,wire mesh, or masonry erected for the purpose of screening one property from another either to assure privacy or to protect the property screened. For the purpose of this By-Law, a masonry wall is considered to be a fence. OR ACT IN RELATION THERETO. Moved Seconded Vote:Declared 2/3rds (2/3 needed) ARTICLE 18 To see if the Town will vote to charge for each written demand issued by the Tax Collector, effective July 1, 2010, a fee of$15.00 to be added to and collected as part of the tax, as authorized by G.L. c.60, §15, as amended by St. 2008, c182, §15; or act in relation thereto. Moved Seconded Vote: Unanimous I ARTICLE 19. To see if the Town will appropriate from Free Cash the sum of $5,000.00 to fund the Treasurer's Tax Title Fund: or act in relation thereto. FINANCE COMMITTEE RECOMMENDS Motion: Moved Seconded Vote: Unanimous ARTICLE 20. To see if the Town will reauthorize the Recreation Committee to establish a revolving fund in accordance with Section 53E 1/2 of Chapter 44 of the General Laws for the purposes of maintaining certain fields, and, further that the Recreation Committee is authorized to spend$40,000.00 during Fiscal Year 2011; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS Motion: Moved Seconded Vote: Unanimous ARTICLE 21. To see if the Town will authorize the Board of Health to establish a revolving home composting bin account in accordance with Section 53E 1/2 of Chapter 44 of the General Laws in order to place revenue collected from the sale of compost bins which shall be used to purchase additional compost bins, advertise the availability of such bins, and, further, that the Board of Health is authorized to spend$5,000.00 during Fiscal Year 2011; or act in relation thereto. 21 i FINANCE COMMITTEE RECOMMENDS , Motion; Moved Seconded Vote: Unanimous ARTICLE 22. To see if the Town will vote to authorize the continuance of the"Municipal Waterways Improvement and Maintenance Fund" as established by Clause 72, Section 5 of Chapter 40 of the General Laws as a revolving fund account. Funding in addition o that required by Clause (i) Section 2 of Chapter 60B of the General Laws shall be by sums received from waterway fees,permits, fines or any other designated sources subject to all provisions of Section 53E '/2 of Chapter 44 of the General Laws. The Harbormaster, subject to the approval of the Town Administrator, is authorized to spend $59,869.83 during the Fiscal Year 2011; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS Motion: Moved Seconded Vote: Unanimous ARTICLE 23. To see if the Town will authorize the Grange Hall Facilities Management Committee to establish a revolving fund in accordance with Section 53E %2 of Chapter 44 of the General Laws for the purposes of maintaining certain town owned properties and, further,that the Grange Hall Facilities Management Committee is authorized to spend$20,000,00 during the next fiscal year; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS David Powell, Planning Board Member spoke on this Article. Motion: Moved Seconded Vote: Article Fails Yes-37 No-38 ARTICLE 24. To see if the Town will vote to amend Chapter 56 of its by- laws(Dogs and Other Animals)by adding to section 56-1A the following sentence: The license period shall run from January In to December 3I't of each calendar year, both dates inclusive; or act in relation thereto. Motion: Moved Seconded Vote: Unanimous ARTICLE 25. To see if the Town will vote to amend subsection 14 of Section 1-5 of Article II (Non-criminal disposition) of the Town's by-laws pertaining to Animal Regulations so that it reads as follows: 14. Animal Regulations, Chapter 109: Enforcing person: Animal Control Officer,Board of Health,Health Agent,Police Officers. , Fine schedule: Article I (disposal of waste) - $50.00 first offense, $100.00 second offense, $150.00 third and subsequent offenses; Articles 11 and III (restrictions of 22 dogs on public beach) - $50.00 first offense, $100.00 second offense, $150.00 third and subsequent offenses; or act in relation thereto. Motion: Moved Seconded Motion: Scott Ackerly, 55 Southern Boulevard. asked to table the motion. Yes-24 in favor,No- 45 opposed. Motion: Scott Ackerly, 55 Southern Boulevard. To amend as follows: Amendment wording is CAPITALIZED. 14. Enforcing Person: Animal Control Officer, (delete)BOARD OF HEALTH, (delete) HEALTH AGENT, Police Officers. Motion: Moved Seconded . The motion to amend Yes 37—No-35 Vote on article as amended passes. ARTICLE 26. To see if the Town will vote to amend Article IV, of Chapter 93 (Vehicles and Traffic) of the Town's.By-laws pertaining to violations of the parking regulations and prohibitions by replacing Section 93-20 (A)thereof with the following: A. Any vehicle violating the provisions of this Article shall be fined$50.00 for each offense; And to amend subsection 11 of Section 1-5 of Article II(Non-criminal disposition) of the Town's By-laws so that it reads as follows: 11. Vehicles and Traffic, Chapter 93: Enforcing person: Police Officers Fine schedule: Article IV (parking) - $50.00; Article VI(house numbering)— warning for first offense, $35.00 second and subsequent offenses; or act in relation thereto. Motion: Moved Seconded Vote: Article Passes ARTICLE 27. To see if the Town will vote to amend Chapter 45 (Beaches) of the Town's By-laws pertaining to preserving peace and good order on that portion of the public beach at Plum Island that falls within the Towns jurisdiction, by replacing Section 45-6 (D) thereof with the following: D. Fines for violation of this section shall be: I"offense $50.00 2"a offense $100.00 3rd and subsequent offenses $150.00 I 23 A. Any person found violating the provisions of Section 45-2 and 45-3 shall be subject ' to a find of$100.00. Violations of Sections 45-4 and 45-5 shall be subject to a fine of $50.00 and violations of Sections 45-7 and 45-8 shall be subject to a fine of$20.00. Each violation shall constitute a separate offense; and to amend subsection 2 of Section 1-5 of Article II (Non-criminal disposition ) of the Town's By-laws so that it reads as follows: 11. Beaches, Chapter 45: Enforcing person: Police Officers Fine schedule: Sections 45-2 and 45-3 (Vehicles and Littering prohibited) - $100.00: Sections 45-5 and 45-5 (Games restricted and Fires prohibited) - $50.00 Section 45-6 (Animals restricted) - $50.00 first offense, $100.00 second offense, $150.00 third and subsequent offenses; Sections 45-7 and 45-8 (Balls and other objects restricted and Camping prohibited) - $50.00; or act in relation thereto. Motion: Moved Seconded Vote: Article fails ARTICLE 28. To see if the Town will vote to appropriate the sum of $353,655.80 from Chapter 90 available frmds for use by the Department of Public Works; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS , Motion: Moved Seconded Vote: Unanimous ARTICLE 29: 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 constriction and maintenance of public highways for the ensuing year; or act in relation thereto. Motion: Moved Seconded Vote: Unanimous ARTICLE 30. To see if the Town will vote to assume liability in the manner provided by Section 29, 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 Massachusetts Department of Transportation and the Massachusetts Division of Highways for 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 I 1 of Chapter 91 of the General Laws, and authorize the Selectmen to execute and deliver a bond if indemnity therefore to the Commonwealth; or act in relation thereto. Motion: Moved Seconded Motion: Joseph Story II, Selectman, Chairman of the Board. To amend as follows: Mr. Story moves to amend Article 30 by striking the phrase"the Massachusetts Department of Transportation and the Massachusetts Division of Highways" and 24 I replace it with "the Department of Conservation and Recreation of the Commonwealth of Massachusetts." Motion to amend: Moves Seconded Vote:Article as amended Passed Unanimously ARTICLE 31. To see if the Town will vote to authorize the Board of Selectmen to accept from Marjory D. Robertson and Douglas C. Robertson a donation of the land situated at 30 Northern Boulevard,Plum Island, as more particularly described in a deed recorded with the Essex South Registry of Deeds at Book 24343, Page 327; or act in relation thereto. Selectman Geof Walker said.,the owners had been trying to sell the 15,000 square- foot property,which is assessed for$136,000.00,without success. He said it could possibly provide access to the beach. Marjory Robertson had offered the property to selectmen last month, saying she and her brother would face opposition from the state Department of Enviromental Protection if they tried to build on it. Motion: Moved Seconded Vote: Unanimous ARTICLE 32. To see if the Town will vote to authorize the Board of Selectmen to seek proposals and to convey, on such terms as they deem prudent, the 5.4 acre parcel of land on Plum Island situated southerly of Temple Boulevard that was conveyed to the Town by deed of the Free Men of Parker River dated May 29, 1953, and recorded in the Essex South Registry of Deeds at Book 4348, Page 269; or act in relation thereto. Motion: Moved Seconded Motion: Scott Ackerly, 55 Southern Boulevard. To amend as follows: Amendment wording is CAPITALIZED. To see if the Town will vote to authorize the Board of Selectmen to seek proposals and convey , on such terms as they deem prudent, (insert) SOME PORTION of the 5.4 acre parcel of land, (insert) NOT TO INCLUDE THE PRIMARY DUNE AND BEACH, on Plum Island situated southerly of Temple Boulevard that was conveyed to the Town by deed of the Free Men of Parker River dated May 29, 1953 and recorded in the Essex South Registry of Deeds at Book 4348, Page 269; or act in relation thereto. (add) THE PRIMARY DUNE AND BEACH WILL REMAIN THE PROPERTY OF THE TOWN OF NEWBURY AND WILL REMAIN REASONABLY ACCESSIBLE TO RESIDENTS AND OTHERS IN PERPITUITY. Town Counsel Tony Penski said the words "in Perpituity" were out of order, contending the current Town Meeting couldn't make decisions that were binding on future meetings. Conservation Agent Doug Packer said the location of the primary dune "is a moving target" and including that term in the amendment made the language imprecise. 25 Selectwoman Audrey Keller said town officials have beard of a potential buyer who , would build homes on two acres and donate the remaining 3.4 acres back to the town. .Motion to amend: Moved Seconded Vote: Amendment fails Yes-22 No-56 Vote on Main Motion: Moved Seconded Vote: Motion passes Yes- 63 in favor No-21 opposed (needed a 2/3 vote) Moderator Joan Weyburn made the motion to adjourn at 9:28 pm. Seconded and Carried Respectfully submitted, C ze �. Anne Hatheway Town Clerk May 27, 2010 26 WARRANT for Special Town Meetin ® u pYr...►n xre AKC 00Y TED Tuesday, October 26, 2010 SELECTMEN'S MESSAGE Welcome to the fall Special Town Meeting of the Town of Newbury. We appreciate your ' attendance at this Special Town Meeting and thank you for participating in the governance of the Town of Newbury. The Town Meeting Warrant is the agenda for the meeting. It is drawn up by the Selectmen from various proposals made by the Selectmen, Town Committees, other Boards, staff and citizens. Each year the Town of Newbury holds its Annual Town Meeting in May. However, during the year issues arise which may require Town Meeting consideration. Newbury, like most communities, will hold a Special Town Meeting,typically in the fall,to address those issues that come to our attention and which cannot wait until the following spring. Newbury typically holds only one Special Town Meeting each year, although events may dictate that additional meetings are required. As with the Annual Town Meeting,the Selectmen determine the order that the Articles appear in the Warrant. The Articles will be considered in the order in which they appear, unless the Moderator, or the meeting itself, changes that order. Each Article is intended to give fair notice of the topic to be discussed and voted upon,thus any motion made at Town Meeting must be found by the Moderator to be within the scope of the printed Article. At the Town Meeting, the motion made under each Article will describe the specific action that is proposed to be taken. The wording of the motion and any amendments that might be offered to the main motion, may differ from the exact wording of the Article, but must be within the scope of the Article. Accordingly,please listen closely to the reading of the motion and any amendments made before voting. We request that attendees who wish to speak to an article approach one of the microphones set up throughout the meeting room. Please do not speak until you are recognized by the Moderator. Once you are recognized by the Moderator,please state your name and street address before speaking to the topic at hand. The Town Clerk maintains a record of each Town Meeting and it is essential that you identify yourself so that a complete and accurate record may be kept. Thank you. Sincerely, The Newbury Board of Selectmen Joseph Story, Chair Michael Bulgaris, Vice Chair Audrey Keller, Clerk Chuck Bear,Member Geoffrey Walker, Member 1 2 i TOWN OF NEWBURY SPECIAL TOWN MEETING OCTOBER 26, 2010 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 26TH DAY OF OCTOBER AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ: ARTICLE 1. To act on the reports of the Selectmen, School Committee, Regular and Special Committees and all other Town Officers. Update by the Board of Selectmen on the appropriation of$80,000.00 from the Special Assessment Fund made on June 22, 2010. ARTICLE 2. To see if the Town will amend the Town of Newbury by-laws in Section 24-3 by inserting a new subsection E as follows; or act in relation thereto: Proceedings. The Board shall keep a record of its official proceedings and actions, and shall establish its own rules of procedures. Four(4)members shall constitute a quorum for the transaction of the business of the Board, and the affirmative vote of a majority of the Board present at that time shall be necessary for any official act of the Board. ARTICLE 3. To see if the Town will vote to amend the Town of Newbury Zoning By-Laws, Article XI, Administration, §97-11.D.(2), Written Definitions, by replacing the existing definition for "Height, Building"with a new definition for "Height, Building"as follows, with the new definition to be inserted in its correct location alphabetically: 1. Delete in its entirety: "Height, Building: The dimension in feet as measured from the mean level of the established grade at the building to the mean height of the highest roof." 2. Insert: "Height, Building: The vertical distance from the average undisturbed existing natural grade at the foundation of the building to the highest point of the roof. The average undisturbed existing natural grade shall be established by averaging the grade at 3 the four proposed primary building corners and its midpoints. Limitations of height shall not apply to such structures as flagpoles, chimneys,radio and television antennas, , windmills, silos,water tanks and similar noninhabitable structures." OR ACT IN RELATION THERETO. ARTICLE 4. To see if the Town will vote to amend the Town of Newbury Zoning By-Laws, Article XI, Administration, §97-11.D.(2), Written Definitions,by revising the existing definition for "Story Above Grade"as follows,with the revised definition to be inserted in its correct location alphabetically: Insert the word "existing"three times and change the word"plan"to "plane" in the definition for Story above Grade, so that the revised definition reads: "Story above Grade: Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is: a. More than 6 feet(1829 mm) above existing grade plane; b. More than 6 feet(1829 mm) above the existing finished ground level for more than 50 percent of the total building perimeter; c. More than 12 feet(3658 mm) above the existing finished ground level at any point." OR ACT IN RELATION THERETO. ARTICLE 5. To see if the Town will transfer from Essex Regional Retirement System line- item to Town Clerk Wages the sum of$3,140.00; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS ARTICLE 6. To see if the Town will vote to reduce the line-items listed below in the Fiscal Year 2011 budget by the following amounts,which total $85,131.56; or act in relation thereto: Plum Island Beach Management . . . (Reduce by $5,000.00 to $0) IT Services . . . . . . . . . . . . . . . . . . . . (Reduce by$15,000 to $0) Police Wages . . . . . . . . . . . . . . . . . . (Reduce by$5,125.00 to $1,109,300.40) Consulting Engineer Expense . . . . . (Reduce by$5,000 to $10,000.00) Essex County Retirement System . . (Reduce by$5,006.56 to $388,655.22) Health Insurance . . . . . . . . . . . . . . . . (Reduce by$50,000.00 to $532,732.95) FINANCE COMMITTEE RECOMMENDS 4 ARTICLE 7. To see if the Town will transfer from the Stabilization Fund a certain sum for the purpose of funding the Fiscal Year 2011 budget; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS ARTICLE 8. To see if the Town will transfer from the Overlay Surplus the sum of$9,055.83 to pay certain prior year bills as described below, or act in relation thereto. Town Administrator Expense . . . . . $387.95 Selectmen's Expense . . . . . . . . . . . . $120.82 Conservation Commission Expense . $1,850.00 Street Lighting . . . . . . . . . . . . . . . . . $5,216.59 Public Building Maintenance. . . . . . $1,480.47 FINANCE COMMITTEE RECOMMENDS ARTICLE 9. To see if the Town will transfer from Overlay Surplus the sum of$2,000.00 to the Town Hall Boiler Repair Fund; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS ARTICLE 10. To see if the Town will transfer from the Overlay Surplus the sum of$50,625.49 to cover certain prior year deficits; or act in relation thereto. 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,AND 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 5th DAY OF OCTOBER 2010. SELECTMEN, TOWN OF NEWBURY A TRUE COPY ATTEST: I ` ( f1 4 ANNE HATHEWAY, TOWN CLERK . t � 5 PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED, I HEREBY NOTIFY ANP WARN THE INHABITANTS OF THE TOWN OF NEWBURY, QUALIFIED TO V E TOWN AFFAIRS,TO MEET AT THE TIME AND PLACE MENTIO D FOR PURPOSE HEREIN NAMED. DATE: o 7- I a CONSTABLE: r� PURSUANT TO THE ABOVE WARRANT TO ME DIRECTED, I HAVE NOTIFIED AND ' WARNED THE INHABITANTS OF THE TOWN OF NEWBURY, QUALIFIED TO VOT TOWN AFFAIRS,TO MEET AT THE TIME AND PLACE MENTIONED FOR THE PURPOSE HEREIN NAMED. DATE: CONSTABLE: < V l I 6 TOWN of NEWBURY SPECIAL TOWN MEETING OCTOBER 26,2010 Newbury Elementary School Auditorium RESULTS Moderator Joan Weyburn called the Special Town Meeting to order at 7:00pm with 101 registered voters in attendance,well over the required quorum of 40. There were 2 non-registered voters present: Victor Tine,Newburyport Daily News; Jennifer Brown, Newbury Library Director. The meeting began with Joan leading the Pledge of Allegiance, and James Cunningham read the call of the meeting. Marge Emerson, Ed Carpenter, Harry Fish,Francis Webb were checkers at the door with Kathy Sirois assisting. Counters for the evening were Budd Kelley and Jim Cunningham. 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 26TH DAY OF OCTOBER AT 7:00 P.M. TO ACT ON THE FOLLOWING ARTICLES, VIZ: ARTICLE 1. To act on the reports of the Selectmen, School Committee, Regular and Special Committees and all other Town Officers. Update by the Board of Selectmen on the appropriation of$80,000.00 from the Special Assessment Fund made on June 22, 2010. Motion: Joe Story II, So Moved Seconded and carried by a unanimous vote. ARTICLE 2. To see if the Town will amend the Town of Newbury by-laws in Section 24-3 by inserting a new subsection E as follows; or act in relation thereto: Proceedings. The Board shall keep a record of its official proceedings and actions, and shall establish its own rules of procedures. Four(4) members shall constitute a quorum for the transaction of the business of the Board, and the affirmative vote of a majority of the Board present at that time shall be necessary for any official act of the Board. Motion: Joe Story II, So Moved Seconded and Carried by a unanimous vote. ARTICLE 3. To see if the Town will vote to amend the Town of Newbury Zoning By- Laws, Article XI, Administration, §97-11.D.(2), Written Definitions,by replacing the existing definition for "Height, Building"with a new definition for "Height,Building" as follows, with the new definition to be inserted in its correct location alphabetically: 1. Delete in its entirety: "Height, Building: The dimension in feet as measured from the mean level of the established grade at the building to the mean height of the highest roof" 2. Insert: "Height, Building: The vertical distance from the average undisturbed existing natural grade at the foundation of the building to the highest point of the roof. The average undisturbed existing natural grade shall be established by averaging the grade at the four proposed primary building corners and its midpoints. Limitations of height shall not apply to such structures as flagpoles, chimneys, radio and television antennas,windmills, silos,water tanks and similar noninhabitable structures. 3. " OR ACT IN RELATION THERETO. Motion: Bob Connors, So Moved Seconded Bob Connors,37 Annapolis Way, and also a member of the Plum Island Foundation,Inc., recommended voting down the Article until the Planning Board had time to address the residents concerns. After much discussion by residents of the Town, the Article failed with 37 in favor and 64 opposed. ARTICLE 4. To see if the Town will vote to amend the Town of Newbury Zoning By- Laws, Article XI, Administration, §97-11.D.(2),Written Definitions,by revising the existing definition for "Story Above Grade"as follows,with the revised definition to be inserted in its correct location alphabetically: Insert the word "existing"three times and change the word"plan"to "plane"in the definition for Story above Grade, so that the revised definition reads: "Story above Grade: Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is: a. More than 6 feet(1829 mm) above existing grade plane; b. More than 6 feet(1829 mm) above the existing finished ground level for more than 50 percent of the total building perimeter; c. More than 12 feet(3658 mm) above the existing finished ground level at any point." OR ACT IN RELATION THERETO. Motion: Joe Story, So Moved Seconded Kathleen Pearson gave a report from the Planning Board. Following further questions and discussion from the residents a vote was taken: The Article failed with 26 in favor and 46 opposed. ARTICLE 5. To see if the Town will transfer from Essex Regional Retirement System line-item to Town Clerk Wages the sum of$3,140.00; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS Motion: Moved Seconded and carried by a Unanimous vote ARTICLE 6. To see if the Town will vote to reduce the line-items listed below in the Fiscal Year 2011 budget by the following amounts, which total $85,131.56; or act in relation thereto: Plum Island Beach Management . . . (Reduce by$5,000.00 to $0) IT Services . . . . . . . . . . . . . . . . . . . . (Reduce by$15,000 to $0) Police Wages . . . . . . . . . . . . . . . . . . (Reduce by$5,125.00 to $1,109,300.40) Consulting Engineer Expense . . . . . (Reduce by$5,000 to $10,000.00) Essex County Retirement System . . (Reduce by$5,006.56 to $388,655.22) Health Insurance . . . . . . . . . . . . . . . . (Reduce by $50,000.00 to $532,732.95) FINANCE COMMITTEE RECOMMENDS Motion: So Moved Seconded and carried by a Unanimous vote ARTICLE 7. To see if the Town will transfer from the Stabilization Fund a certain sum for the purpose of funding the Fiscal Year 2011 budget; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS Motion: Moved Seconded: Joe Story recommended voting down the Article because it was not needed. A vote on the Article was taken and it was unanimously defeated. ARTICLE 8. To see if the Town will transfer from the Overlay Surplus the sum of it $9,055.83 to pay certain prior year bills as described below, or act in relation thereto. Town Administrator Expense . . . . . $387.95 Selectmen's Expense . . . . . . . . . . . . $120.82 Conservation Commission Expense . $1,850.00 Street Lighting . . . . . . . . . . . . . . . . . $5,216.59 Public Building Maintenance. . . . . . $1,480.47 FINANCE COMMITTEE RECOMMENDS Motion: Moved Seconded Chuck Kostro, Town Administrator, gave an explanation of the Article. Needing a 9/10 vote, a unanimous vote in favor was declared. ARTICLE 9. To see if the Town will transfer from Overlay Surplus the sum of $2,000.00 to the Town Hall Boiler Repair Fund; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS Motion: Moved Seconded and carried by a unanimous vote. ARTICLE 10. To see if the Town will transfer from the Overlay Surplus the sum of $50,625.49 to cover certain prior year deficits; or act in relation thereto. FINANCE COMMITTEE RECOMMENDS Motion: Moved Seconded and carried by a unanimous vote Joan Weyburn moved to adjourn at 8:10pm. Seconded and carried Respectfully submitted, Anne Hatheway Town Clerk