HomeMy Public PortalAbout20090504 - Town Meeting - Meeting Minutes 1
TOWN OF HOPKINTON
OFFICE OF TOWN CLERK
18 Main Street, Hopkinton, MA 01748
Phone: (508) 497-9710 Fax: (508) 497-9702
Ann M. Click, C.M.C. Town Clerk COMMONWEALTH OF MASSACHUSETTS TOWN OF HOPKINTON
ANNUAL TOWN MEETING MONDAY, MAY 4, 2009
The Annual Town Meeting was convened at 7:00 P.M. on Monday, May 4, 2009, at the Middle School Auditorium. The meeting was called to order by the Moderator, Dr. Bruce Karlin. A quorum
was present.
The Moderator gave the directives on the rules of the meeting and the bounds of the hall. Troup 4
presented the colors and led in the Pledge of Allegiance. The following list of deceased town officials and employees was read: Joseph Colella, Patricia Leary, Robert McGraw, John Hinckley, Mary Irvine, Paul Cyr, Paul Nelson and Donald Bartlett. The counters were assigned under the
direction of Muriel Kramer.
The Moderator according to the Charter appointed Muriel Kramer as Deputy Moderator.
The Town Meeting ratified the appointment.
Brian Herr, Chairman Board of Selectman, made a motion to adjourn tonight’s meeting upon the
completion of discussion of the article under consideration at 11:00 P.m. until a time to be determined.
Passed by: Voice Vote Unanimous (05-04-09)
Ann M. Click, Town Clerk, read the call and return of the warrant.
ARTICLE 1. Voted: That the Town accept the following reports of the Town Officers and
Town Committees: Department of Public Works, Public Library, FY10 Budget Team which was comprised of members from the Board of Selectmen, the Appropriation Committee, the School Committee, the Capital Improvements Committee and the Board of Assessors.
Passed by: Voice Vote Unanimous (05-04-09) ARTICLE 2. Voted: That in accordance, in accordance with General Laws Chapter 41, Section 108, the salary of the elected Town Official for Fiscal Year 2010 be as follows:
Town Clerk ……………………………………………$61,378.00
Passed by: Voice Vote Unanimous (05-04-09) Article 3. Voted: That the Town amend Chapter 33, Personnel Bylaw, of the General
Bylaws precisely as set forth in the Personnel Committee Handout and further to amend, effective July 1, 2009, said Chapter 33 by striking the Classification and Pay Schedule set forth therein in its
entirety and substituting therefor the Classification and Pay Schedule appearing at the end of the
Personnel Committee Handout.
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List of Bylaw Changes
By-law Changes Made
33-13: Worker’s Compensation Added language about substituting time to make up the difference between WC payments and full income. Added language about FMLA and
Personal Leave of Absence.
33-14: Holiday Pay Included time and one half pay for non benefit eligible dispatchers for
Christmas, Thanksgiving, New Year’s Day and July 4th.
33-16: Vacation Time Added language allowing managers to increase an employee’s vacation
accrual for one fiscal year.
33-17: Personal Leave of Absence Added language about FMLA and MMLA.
33-18: FMLA Totally revamped to account for changes in military leave and reporting requirements.
33-18.1 MMLA Added language regarding male usage of MMLA.
33-20: Sick Time Language changed to require doctor’s notes after 5 consecutive or
10 separate absences. Language change regarding sick time
donations.
33-24: Overtime Pay Changed so overtime will be granted after 40 hours worked in one
week instead of 8 in one day.
33-28: Disciplinary
Procedures
Swapped ‘oral’ for ‘verbal’ Removed ‘first’ from verbal warning.
33-33: Discrimination
and Sexual Harassment
Added Genetic Discrimination, Added Tables Depicting Reporting
Relationships. Changed any use of “oral” to ‘verbal’
33-39: Technology
Usage
Updated to include newer technology.
33-46: Americans With
Disabilities Act
Added Act to Personnel Bylaws
Appendix A Amend to update Classification and Pay
Schedule.
*Text to be added is underlined; Text to be deleted is crossed out.
§ 33-13. Worker's Compensation. [Amended 5-5-2003 ATM, Art. 3, 5-7-2007 ATM, Art. 56, 5-4-2009 ATM, Art. 3]
An employee who, by reason of an on-the-job injury or illness, receives statutory compensation may
receive, in addition, the amount necessary to make up his/her regular weekly compensation, from saved or
available time up to a period not exceeding six months for any one accident. In the interests of uniform procedures throughout the Town, the approval of the Town Manager shall be required for any such
payments of additional compensation. In case of a more extended disability, the case may be reviewed by the administrative authority and the Town Manager, and if it is felt that the circumstances of the individual case warrant such supplementary payments, the Town Manager may so authorize. Eligible
employees who are out for more than three consecutive days for Worker’s Compensation shall be placed on Family Medical Leave (FMLA) which will run concurrently with their Worker’s Compensation leave.
If an employee exhausts their Family Medical Leave while on Worker’s Compensation, they must apply
for a Personal Leave of Absence (See Personal Leave Policy 33-17).
If the employee is terminated after exhausting their leave time, but after less than six months have gone
by, they may not receive sick pay for the balance of the time.
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§ 33-14. Holidays with pay. [Amended 5-2-1994 ATM, Art. 3; 5-7-2001 ATM, Art. 3; 5-5-2003 ATM, Art. 3; 5-3-2004 ATM, Art. 3; 5-2-2005 ATM, Art. 3, 5-7-2007 ATM, Art. 56, 5-5-2008 ATM,
Art. 3]
A. All eligible regular full-time and regular part-time A employees shall receive one day at regular
straight time pay for the following 13 holidays:
New Years Day Martin Luther King Day President's Day
Patriot's Day Memorial Day Fourth of July
Labor Day Columbus Day Veteran's Day
Thanksgiving Day after Thanksgiving
Christmas Day
One Floating Holiday
B. If such a holiday falls on a Saturday, the preceding Friday will be observed as a holiday. If the
holiday falls on a Sunday, the holiday will be observed on the following Monday. C. To be eligible for holiday pay, each regular full-time employee must be in a paid status on the day
of the holiday. The term "paid status," for purpose hereof, shall mean either normally scheduled to work on that day within the workweek, or on paid vacation leave or sick leave. Each regular
part-time A employee shall be entitled to holiday pay only for those holidays that fall on a day on
which the employee is regularly scheduled to work and is in a paid status. Holiday pay for a part-time employee shall be that employee's regular pay for the day on which the holiday occurs. Also,
unless the employee is out on an excused absence, or provides a doctor’s note, the employee must
work the scheduled day before and after the holiday in order to receive holiday pay. [Amended 5-5-2008 ATM, Art. 3] D. Each eligible regular full-time and regular part-time A employee who is required to perform work on a holiday that falls within their normal workweek shall receive, in addition to the holiday pay
to which he/she is entitled, at the discretion of the department head either compensation for such
work at straight time or time off in lieu of such compensation to equal the number of hours worked on the holiday. Department heads shall be considered the same as all other personnel
when working on a holiday, except that approval for the compensatory day off or pay in lieu of a day off shall be obtained from the Board of Selectmen as appropriate. The Fire Chief shall be paid in accordance with MGL c. 48, ~ 57E, and the Police Chief shall be paid in accordance with
MGL c. 147, ~ 17F, for the days listed in said sections on which said Chiefs are on duty at any time during those days.
E. The floating holiday can be used for a religious/secular holiday or as needed by the employee. Requests for a floating holiday must be submitted to the employee’s department head or the
board, committee or commission responsible for the employee’s department at least one week
prior to the requested holiday. During the first year of employment, new hires are eligible for the floating holiday if their start date is prior to April 1st. If the floating holiday is not taken by June
30th it will be forfeited by the employee.
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F. Regular Part-Time B Dispatchers required to perform work on New Year’s Day, The Fourth of
July, Thanksgiving, or Christmas Day shall receive one and one half times their normal rate of
pay for the hours worked.
§ 33-16. Vacation leave with pay. [Amended 5-7-2001, ATM, Art. 3; 5-6-2002 ATM, Art. 3; 5-5-2003 ATM, Art. 3; 5-3-2004 ATM, Art. 3; 5-2-2005 ATM, Art. 3, 5-1-2006 ATM, Art. 3, 5-7-2007 ATM, Art. 56, 5-5-2008 ATM, Art. 3] A. The vacation year is from July 1 through June 30 inclusive. This is merely the time in which
accrued vacation must be used; Additional vacation time accrues on the anniversary date, not the fiscal year. [Amended 5-5-2008 ATM, Art. 3]
B. All regular full-time and regular part-time A employees shall be credited on the last day of each calendar month with vacation leave accrued. Vacation time is accrued based on a full calendar month worked. Time off payroll is not considered time worked and therefore no vacation time
will be credited to an employee who is off payroll for more than one workday during the calendar month. For each full calendar month of employment, employees will be credited with vacation
pay as outline below:
(1) Level 1. After one full month and up to five years of completed service, the employee is
eligible to accrue a maximum of two weeks (80 hours) of vacation leave with pay each
year. Accrual is calculated as 6.666 hours of paid vacation leave per full month of employment. [Amended 5-3-2005 ATM, Art 3¹, 5-5-2008 ATM, Art. 3]
(2) Level 2. After five years and up to 10 years of completed service, the employee is eligible for three weeks (120 hours) of vacation leave with pay each year. Accrual is calculated as
10.0 hours of paid vacation leave per full month of employment. [Amended 5-5-2008 ATM, Art. 3]
(3) Level 3. After 10 years and up to 20 years of completed service, the employee is eligible for four weeks (160 hours) of vacation leave with pay each year. Accrual is calculated as 13.333 hours of paid vacation leave per full month of employment. [Amended 5-5-2008
ATM, Art. 3]
(4) Level 4. After 20 years of completed service, the employee is eligible for five weeks (200
hours) of vacation leave with pay each year. Accrual is calculated as 16.666 hours of paid vacation leave per full month of employment. . [Amended 5-5-2008 ATM, Art. 3]
C. At the discretion of the Town Manager and approval by Personnel Board accrual rates for employees hired at Group A/Grade 4 and above may be increased by one accrual level.
[Amended 5-5-2008 ATM, Art. 3]
(1) A manager may request an increase the accrual level for an employee by one level for one
fiscal year, pending the approval of the Town Manager and the Personnel Board. After the end of the fiscal year, the employee’s accrual rate must go back to the previous level. This can only be awarded to an employee once every three years.
D. Vacation pay for regular part-time A employees, who are paid hourly, shall be the average of his/her weekly pay for the 26 weeks worked immediately preceding the vacation.
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E. Should a paid holiday occur during the employee's regularly scheduled workweek while the
employee is on authorized paid vacation, the paid holiday will not count as a vacation day.
F. Eligible employees may carry over up to but not more than 2 week of vacation time from one
fiscal year to another. Vacation time that is not carried over does not accumulate from fiscal year
to fiscal year. All time over 2 weeks accrued and unused is forfeited by the employee at the end of the Fiscal year. [Amended 5-5-2008 ATM, Art. 3]
G. An employee who is eligible for vacation under this policy whose employment ends for any reason shall be paid, at their last rate of pay, an amount equal to the vacation that had been
accrued prior to such termination but which had not been used.
H. With approval from the employee’s department head or the board, committee or commission
responsible for the employee’s department, and from the Town Manager or his/her designee, employees who accrue at Level 3 or 4, may elect to work no more than one vacation week and
receive vacation pay plus their regular pay for that week. In order to be considered, the request
must be submitted to the Human Resources Director, no later than the 3rd Friday in MarchMay. The request will then be brought to Personnel Committee for evaluation and a decision at the May
Personnel meeting. All decisions approved by the Personnel Committee must be sent to the
Finance Director for confirmation of funds. After available funds have been confirmed, the payment will be made in the last check of the fiscal year. [Amended 5-5-2008 ATM, Art. 3]
I. Any employee that wishes to use any paid time off other than sick time, must have their request approved by their manager in writing before the time off is taken. Time off requests in excess of
three days, must be approved in writing at least two weeks before the time is taken. [Added 5-5-2008 ATM, Art. 3]
J. Employees may request approval to use vacation time not yet earned through their department head and the Human Resources Department. This time must be requested in writing and approved
by the Department Head and Human Resources prior to taking the time. However, in order to be granted permission to use the unearned time, the employee must have used all of their personal and floating holidays. [Amended 5-5-2008 ATM, Art. 3]
§ 33-17. Personal leave of absence. [Amended 5-7-2001 ATM, Art. 3; 5-5-2003 ATM, Art. 3; 5-3-
2004 ATM, Art. 3, 5-7-2007 ATM, Art. 56, 5-5-2008 ATM, Art. 3]
Personal leave of absence for a specified period of time may be granted by a department head and the
Town Manager but shall be without compensation. A leave of absence of over three months duration shall be considered a break in employment and on return to work the employee shall have the status of a new
employee unless an extension of leave beyond three months has been authorized by the Town Manager in
advance. Unless otherwise stated, personnelpersonal leave of absences without pay shall be considered inactive employment, where time spent on such leave does not count as service (time worked) for
purposes of seniority, vacation, sick leave, pension, longevity and other benefits. Those employees on an
approved leave of absence who are removed from payroll are responsible for remitting health and other insurance premiums to the Benefits Coordinator within the requested time frame.
Once an employee has exhausted their Family Medical Leave or Massachusetts Maternity Leave they must apply for a Personal Leave of Absence by submitting their request in writing to the Human
Resources Director before their protected leave runs out. This Leave must be approved by the Town
Manager before it can be granted to the employee.
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Employees who are on a non FMLA leave will be making COBRA payments. Employees who fail to
make payments in the time required shall be removed from the insurance plan. [Added 5-5-2008 ATM, Art. 3]
§ 33-18. Family and Medical Leave Act. [Added 5-7-2001 ATM, Art. 3;² amended 5-5-2003 ATM, Art. 3; 5-3-2004 ATM, Art. 3, 5-5-2008 ATM, Art. 3] The Family and Medical Leave Act of 1993 (FMLA) may provide benefits in addition to the provisions of this bylaw. Subject to certain restrictions and limitations, the FMLA generally provides that each eligible
employee may take up to a total of 12 weeks of unpaid, job-protected leave during any twelve-month period to care for the employee's child after birth, or placement for adoption or foster care; to care for the employee's spouse, son or daughter, or parent who has a serious
health condition; or for a serious health condition that makes an employee unable to perform the employee's job. Family Medical Leave is done on a rolling calendar basis. So if an employee needs to take more than one occasion of leave, their eligibility will depend on how much leave was taken in the
previous 12 months. Eligible employees are those who have been employed for at least 12 months by the employer with respect to whom leave is requested under this section and for at least 1,250 hours of
service with such employer during the previous 12-month period. An employee must elect to use any
accrued paid vacation, personal days or floating holidays for periods of unpaid FMLA leave. With the exception of the ten (10) days mentioned in section 33-20, sick time may only be used for FMLA leave to
care for the Employee’s own medical condition. Family leave, i.e., leave for childbirth, adoption or foster
care, must be taken and completed within 12 months of the birth or the initiation of adoption or foster care. Ordinarily such leave must be taken in a twelve-week block, unless the employee requests and is
granted Intermittent leave. Medical leave may be taken whenever medically necessary, regardless of
whether the leave is taken to care for a sick family member or because of the employee's own serious health condition. Medical leave may be taken all at once, intermittently or on a reduced leave basis. When
leave is foreseeable, an employee must provide the department head with at least 30 days of notice of the need for leave or as much notice as is practicable. Human Resources may require medical certification of a serious health condition from the employee's health care provider, and may require periodic reports
during the period of leave of the employee's status and intent to return to work, as well as fitness-for-duty
certification upon return to work in appropriate situations. When the employee returns from FMLA leave, the employee is ordinarily entitled to be
restored to the same or an equivalent job. An equivalent job is one with equivalent pay, benefits, responsibilities, etc. The employee is not entitled to accrue benefits (e.g., paid leave, advancement, seniority, length of service credit) during periods of unpaid FMLA leave, but, subject to certain
limitations contained in FMLA, must be returned to employment with the same benefits at the same levels as existed when leave began. [Amended 5-5-2008 ATM,
Art. 3]
A. General Provisions
Under this policy, The Town of Hopkinton will grant up to 12 weeks (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12-month
period to eligible employees. The leave may be paid, unpaid or a combination of paid and unpaid leave,
depending on the circumstances of the leave and as specified in this policy and policies regarding vacation time, sick time and personal time usage.
B. Eligibility
To qualify to take family or medical leave under this policy, the employee must meet all of the following conditions:
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1) The employee must have worked for the Town for 12 months or 52 weeks. The 12 months or 52
weeks need not have been consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven years. Separate periods of employment
will be counted if the break in service exceeds seven years due to National Guard or Reserve
military service obligations or when there is a written agreement, including a collective bargaining agreement, stating the employer’s intention to rehire the employee after the service
break. For eligibility purposes, an employee will be considered to have been employed for an
entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week.
2) The employee must have worked at least 1,250 hours during the 12-month period immediately before the date when the leave is requested to commence. The principles established under the
Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave should not be counted in determining the 1,250 hours eligibility test for an
employee under FMLA.
3) The employee must work in a worksite where 50 or more employees are employed by the Town
within 75 miles of that office or worksite. The distance is to be calculated by using available transportation by the most direct route.
C. Type of Leave Covered
To qualify as FMLA leave under this policy, the employee must be taking leave for one of the reasons
listed below:
1) The birth of a child and in order to care for that child. 2) The placement of a child for adoption or foster care and to care for the newly placed child. 3) To care for a spouse, child or parent with a serious health condition (described below).
4) The serious health condition (described below) of the employee. An employee may take leave because of a serious health condition that makes the employee unable to
perform the functions of the employee's position. A serious health condition is defined as a condition that requires inpatient care at a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or a condition that requires
continuing care by a licensed health care provider. This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long-term health condition that
would result in a period of three consecutive days of incapacity with the first visit to the health care
provider within seven days of the onset of the incapacity and a second visit within 30 days of the incapacity would be considered a serious health condition. For chronic conditions requiring periodic
health care visits for treatment, such visits must take place at least twice a year.
The Town of Hopkinton may place employees on FMLA who have been out for more than three days to
care for their own serious health condition or any of the reasons for FMLA leave listed above. Employees
with questions about what this FMLA policy or under the Town's sick leave policy should consult with the HR Director. If an employee takes paid sick leave for a condition that progresses into a serious health
condition and the employee requests unpaid leave as provided under this policy, the Town may designate
all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications.
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4) Qualifying exigency leave for families of members of the National Guard and Reserves when the
covered military member is on active duty or called to active duty in support of a contingency operation.
An employee whose spouse, son, daughter or parent either has been notified of an impending call or order
to active military duty or who is already on active duty may take up to 12 weeks of leave for reasons related to or affected by the family member’s call-up or service. The qualifying exigency must be one of
the following: 1) short-notice deployment, 2) military events and activities, 3) child care and school
activities, 4) financial and legal arrangements, 5) counseling, 6) rest and recuperation, 7) post-deployment activities and 8) additional activities that arise out of active duty, provided that the employer and
employee agree, including agreement on timing and duration of the leave. The leave may commence as soon as the individual receives the call-up notice. (Son or daughter for this
type of FMLA leave is defined the same as for child for other types of FMLA leave except that the person does not have to be a minor.) This type of leave would be counted toward the employee’s 12-week maximum of FMLA leave in a 12-month period.
5) Military caregiver leave (also known as covered service member leave) to care for an ill or
injured service member.
This leave may extend to up to 26 weeks in a single12-month period for an employee to care for a spouse,
son, daughter, parent or next of kin covered service member with a serious illness or injury incurred in the
line of duty on active duty. Next of kin is defined as the closest blood relative of the injured or recovering service member.
D. Amount of Leave
An eligible employee can take up to 12 weeks for the FMLA circumstances (1) through (5) above under this policy during any 12-month period. The Town will measure the 12-month period as a rolling 12-month period measured backward from the date an employee uses any leave under this policy. Each time
an employee takes leave, the Town will compute the amount of leave the employee has taken under this
policy in the last 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time.
An eligible employee can take up to 26 weeks for the FMLA circumstance (6) above (military caregiver leave) during a single 12-month period. For this military caregiver leave, the Town will measure the 12-
month period as a rolling 12-month period measured forward. FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available.
If a husband and wife both work for the Town and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent "in-law") with a
serious health condition, the husband and wife may only take a combined total of 12 weeks of leave. If a
husband and wife both work for the Town and each wishes to take leave to care for a covered injured or ill service member, the husband and wife may only take a combined total of 26 weeks of leave.
E. Employee Status and Benefits During Leave
While an employee is on leave, the Town will continue the employee's health benefits during the leave
period at the same level and under the same conditions as if the employee had continued to work.
If the employee chooses not to return to work for reasons other than a continued serious health condition of the employee or the employee's family member or a circumstance beyond the employee's control, the
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Town will require the employee to reimburse the Town the amount it paid for the employee's health
insurance premium during the leave period.
Under current Town policy, the employee pays a portion of the health care premium. While on paid leave,
the employer will continue to make payroll deductions to collect the employee's share of the premium.
While on unpaid leave, the employee must continue to make this payment, either in person or by mail. The payment must be received in the Human Resources department by a date agreed upon by the
employee and the Human Resources department. If the payment is more than 30 days late, the employee's
health care coverage may be dropped for the duration of the leave. The employer will provide 15 days' notification prior to the employee's loss of coverage.
If the employee contributes to a life insurance or disability plan, the employer will continue making payroll deductions while the employee is on paid leave. While the employee is on unpaid leave, the
employee may request continuation of such benefits and pay his or her portion of the premiums, or the employer may elect to maintain such benefits during the leave and pay the employee's share of the premium payments. If the employee does not continue these payments, the employer may discontinue
coverage during the leave. If the employer maintains coverage, the employer may recover the costs incurred for paying the employee's share of any premiums, whether or not the employee returns to work.
F. Employee Status After Leave
An employee who takes leave under this policy may be asked to provide a fitness for duty (FFD)
clearance from the health care provider. This requirement will be included in the employer’s response to the FMLA request. Generally, an employee who takes FMLA leave will be able to return to the same
position or a position with equivalent status, pay, benefits and other employment terms. The position will
be the same or one which is virtually identical in terms of pay, benefits and working conditions. The Town may choose to exempt certain key employees from this requirement and not return them to the
same or similar position. G. Use of Paid and Unpaid Leave
An employee who is taking FMLA leave because of the employee's own serious health condition or the serious health condition of a family member must use all paid vacation, and personal leave prior to being
eligible for unpaid leave. Sick leave must be run concurrently with FMLA leave if the reason for the FMLA leave is covered by the established sick leave policy.
Disability leave for the birth of the child and for an employee's serious health condition, including workers' compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will
run concurrently with FMLA. For example, if an employer provides six weeks of pregnancy disability
leave, the six weeks will be designated as FMLA leave and counted toward the employee's 12-week entitlement. The employee may then be required to substitute accrued (or earned) paid leave as
appropriate before being eligible for unpaid leave for what remains of the 12-week entitlement. An
employee who is taking leave for the adoption or foster care of a child must use all paid vacation, personal or family leave prior to being eligible for unpaid leave.
An employee who is using military FMLA leave for a qualifying exigency must use all paid vacation and personal leave prior to being eligible for unpaid leave. An employee using FMLA military caregiver leave
must also use all paid vacation, personal leave or sick leave (as long as the reason for the absence is
covered by the Town’s sick leave policy) prior to being eligible for unpaid leave.
H. Intermittent Leave or a Reduced Work Schedule
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The employee may take FMLA leave in 12 consecutive weeks, may use the leave intermittently (take a
day periodically when needed over the year) or, under certain circumstances, may use the leave to reduce
the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill service member over a 12-month
period).
The Town may temporarily transfer an employee to an available alternative position with equivalent pay
and benefits if the alternative position would better accommodate the intermittent or reduced schedule, in
instances of when leave for the employee or employee's family member is foreseeable and for planned medical treatment, including recovery from a serious health condition or to care for a child after birth, or
placement for adoption or foster care. For the birth, adoption or foster care of a child, the Town and the employee must mutually agree to the
schedule before the employee may take the leave intermittently or work a reduced hour schedule. Leave for birth, adoption or foster care of a child must be taken within one year of the birth or placement of the child.
If the employee is taking leave for a serious health condition or because of the serious health condition of
a family member, the employee should try to reach agreement with the Town before taking intermittent
leave or working a reduced hour schedule. If this is not possible, then the employee must prove that the use of the leave is medically necessary.
I. Certification for the Employee’s Serious Health Condition
The Town will require certification for the employee’s serious health condition. The employee must
respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
The Town may directly contact the employee’s health care provider for verification or clarification purposes using a health care professional or the HR director. The Town will not use the employee’s direct
supervisor for this contact. Before the Town makes this direct contact with the health care provider, the
employee will be a given an opportunity to resolve any deficiencies in the medical certification. In compliance with HIPAA Medical Privacy Rules, the Town will obtain the employee’s permission for
clarification of individually identifiable health information. The Town has the right to ask for a second opinion if it has reason to doubt the certification. The Town
will pay for the employee to get a certification from a second doctor, which the Town will select. The Town may deny FMLA leave to an employee who refuses to release relevant medical records to the
health care provider designated to provide a second or third opinion. If necessary to resolve a conflict
between the original certification and the second opinion, the Town will require the opinion of a third doctor. The Town and the employee will mutually select the third doctor, and the Town will pay for the
opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave
and benefits under the FMLA pending the second and/or third opinion.
J. Certification for the Family Member’s Serious Health Condition
The Town will require certification for the family member’s serious health condition. The employee must
respond to such a request within 15 days of the request or provide a reasonable explanation for the delay.
Failure to provide certification may result in a denial of continuation of leave. The Town may directly contact the employee’s family member’s health care provider for verification or clarification purposes
using a health care professional, the Human Resources Director or the Total Compensation Coordinator. The Town will not use the employee’s direct supervisor for this contact. Before the Town makes this
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direct contact with the health care provider, the employee will be a given an opportunity to resolve any
deficiencies in the medical certification. In compliance with HIPAA Medical Privacy Rules, the Town
will obtain the employee’s family member’s permission for clarification of individually identifiable health information.
The Town has the right to ask for a second opinion if it has reason to doubt the certification. The Town will pay for the employee’s family member to get a certification from a second doctor, which the Town
will select. The Town may deny FMLA leave to an employee whose family member refuses to release
relevant medical records to the health care provider designated to provide a second or third opinion. If necessary to resolve a conflict between the original certification and the second opinion, the Town will
require the opinion of a third doctor. The Town and the employee will mutually select the third doctor, and the Town will pay for the opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion.
K. Certification of Qualifying Exigency for Military Family Leave
The Town will require certification of the qualifying exigency for military family leave. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the
delay. Failure to provide certification may result in a denial of continuation of leave.
L. Certification for Serious Injury or Illness of Covered Service member for Military Family Leave
The Town will require certification for the serious injury or illness of the covered service member. The employee must respond to such a request within 15 days of the request or provide a reasonable
explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
M. Recertification The Town may request recertification for the serious health condition of the employee or the employee’s family member no more frequently than every 30 days and only when circumstances have changed
significantly, or if the employer receives information casting doubt on the reason given for the absence, or
if the employee seeks an extension of his or her leave. Otherwise, the Town may request recertification for the serious health condition of the employee or the employee’s family member every six months in
connection with an FMLA absence. The Town may provide the employee’s health care provider with the employee’s attendance records and ask whether need for leave is consistent with the employee’s serious health condition.
N. Procedure for Requesting FMLA Leave
All employees requesting FMLA leave must provide verbal or written notice of the need for the leave to the HR manager. Within five business days after the employee has provided this notice, the HR manager
will complete and provide the employee with a Notice of Eligibility and Rights.
When the need for the leave is foreseeable, the employee must provide the employer with at least 30 days' notice. When an employee becomes aware of a need for FMLA leave less than 30 days in advance, the
employee must provide notice of the need for the leave either the same day or the next business day.
When the need for FMLA leave is not foreseeable, the employee must comply with the Town’s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances.
O. Designation of FMLA Leave
Within five business days after the employee has submitted the appropriate certification form, the HR manager will complete and provide the employee with a written response to the employee’s request for
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FMLA. On a basis that does not discriminate against employees on FMLA leave, the Town may require
an employee on FMLA leave to report periodically on the employee’s status and intent to return to work.
§ 33-18.1 Massachusetts Maternity Leave Act [Added ATM 5-5-2008 Art.3]
M.G.L. Chapter 149, Section 105D provides that a female employee who has completed the initial
probationary period set by the terms of her employment or, if there is no such probationary period, has been employed by the same employer for at least three consecutive months as a Full-Time employee, is entitled to a maternity leave not exceed eight weeks. This leave may be taken for the purpose of giving
birth, adopting a child under the age of eighteen, or adopting a child under the age of twenty-three if the child is mentally or physically disabled. Employees are required to give at least two weeks' notice of their anticipated date of departure and intention to return.
Employees taking advantage of this leave will be restored to their previous, or a similar, position with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of her leave.
This leave is traditionally unpaid. However, any accrued or earned vacation, personal, or floating holidays may be used with this leave.
Sick time may be used provided there is a doctor’s note stating that time is needed to recuperate from giving birth.
If an employee elects maternity leave under the Family and Medical Leave Act, the Town will apply the Massachusetts Maternity Law benefit concurrently with the benefits allowed under the Family and
Medical Leave Act (link to section on FMLA). See 33-18 Family and Medical Leave Act for more
information.
Male employees who are not eligible for the Family and Medical Leave Act (FMLA) may apply for a Personal Leave of Absence to cover paternity leave.
§ 33-20. Sick leave with pay.[Amended 5-2-1994 ATM, Art. 3; 5-6-1998 STM, Art. 3; 5-7-2001
ATM, Art. 3; 5-6-2002 ATM, Art 3; 5-5-2003 ATM, Art. 3; 5-3-2004 ATM, Art. 3; 5-2-2005 ATM, Art. 3, 5-5-2008 ATM, Art. 3]
A. Each regular full-time Group A and regular part-time Group B employee shall be entitled to sick leave with pay. With the exception of up to ten (10) days per fiscal year, sick leave may only be
used only for an employee’s personal illness, well-care and sick medical and dental appointments and for the Employee’s FMLA leave for their own health condition. The ten (10) days of sick
leave that may be used during the fiscal year are for use of your immediate family only, and to be
used during that fiscal year only. The same amount of sick days will accrue, but not the designation. Each regular full-time employee will earn sick leave at the regular rate of pay of the
employee at the rate of 1 1/4 (10 hours) normal workdays of sick leave earned for each full
calendar month of work, to a maximum accumulation of 205 workdays. Each regular part-time A employee will earn sick leave at the regular rate of pay of the employee on a pro rata basis. The
maximum accumulation is the same as that for a regular full-time employee. Sick leave with pay
is credited on the last day of the month. Time off payroll is not considered time worked and therefore no sick leave will be credited to an employee who is off payroll for more than one work
day during the calendar month. The Town may request a medical certificate at any time. A
medical certificate must state specifically that an employee is incapacitated and therefore can not perform the duties and responsibilities as specified in the employee's job description. Department
heads may require additional medical certification if appropriate. Sick leave already accumulated by the eligible employee as of July 1, 1985, will continue to be applicable. Any employee
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transferring from a qualifying regular part-time A position to a qualifying full-time position, or
reverse, shall take with him/her all qualified normal sick workdays accumulated to the date of the
transfer. In case of retirement or termination of employment, no payment shall be made for accumulated unused sick leave. [Amended 5-5-2008 ATM, Art. 3]
B. In the event that any employee exhausts his or her accumulated sick time, each employee that falls under the Salary Administration Plan, with the permission of his or her department head and
Personnel Committee, may donate up to six days of his or her sick time to the affected employee
in a given fiscal year. The affected employee must first exhaust all personal days, the floating holiday, vacation time and sick leave.
[Amended 5-5-2008 ATM, Art. 3] Each regular full-time employee will earn sick leave at the regular rate of pay of the employee at the rate of 1 1/4 (10 hours) normal workdays of sick leave earned for each full calendar month of work, to a maximum accumulation of 205 workdays. Each
regular part-time A employee will earn sick leave at the regular rate of pay of the employee on a pro rata basis. The maximum accumulation is the same as that for a regular full-time employee. Sick leave with pay is credited on the last day of the month.
C. Any person returning to work after an absence, due to illness, in excess of five (5) consecutive
school days may be required by the Human Resources Department to obtain a written statement
from a doctor that the absent person is capable of performing teaching duties.
D. For any one year’s total absence creditable to sick leave in excess of ten (10) days not covered
under Section C, a doctor’s written verification of illness may be requested by the Human Resources Department to allow payment for such days.
E. Time off payroll is not considered time worked and therefore no sick leave will be credited to an employee who is off payroll for more than one work day during the calendar month. The Town
may request a medical certificate at any time. A medical certificate must state specifically that an employee is incapacitated and therefore can not perform the duties and responsibilities as specified in the employee's job description. Department heads may require additional medical
certification if appropriate.
F. Sick leave already accumulated by the eligible employee as of July 1, 1985, will continue to be
applicable. Any employee transferring from a qualifying regular part-time A position to a qualifying full-time position, or reverse, shall take with him/her all qualified normal sick workdays accumulated to the date of the transfer. In case of retirement or termination of
employment, no payment shall be made for accumulated unused sick leave.
G. In the event that any employee exhausts his or her accumulated sick time, each employee that
falls under the Salary Administration Plan, with the permission of his or her department head and Personnel Committee, may donate up to six days of his or her sick time to the affected employee
in a given fiscal year. The affected employee must first exhaust all personal days, the floating
holiday, vacation time and sick leave, before being granted donated sick leave. H. An employee that meets the criteria for Family Medical Leave or Massachusetts Maternity Leave
will be placed on that leave in concurrence with their use of sick time.
I. In the event that any employee exhausts his or her accumulated sick time, each employee that
falls under the Salary Administration Plan, with the permission of his or her department head and Personnel Committee, may donate up to six days of his or her sick time to the affected employee
in a given fiscal year. The affected employee must first exhaust all personal days, the floating holiday, vacation time and sick leave.
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§ 33-24. Overtime pay. [Amended 5-7-2001 ATM, Art. 3; 5-3-2005 ATM, Art. 3]
Overtime will be worked only with the prior authorization of the department head. Sufficient funds must be available in the budget before overtime work is assigned. Each regular full-time employee, exclusive
of exempt employees, who are required to work in excess of 8 hours in any one day or 40 hours in any
one workweek shall be paid at time-and-one-half the employee's straight-time hourly rate for all hours worked in excess of 8 hours in any one day or 40 hours in any one workweek. Vacation Time, Sick Days,
Holiday Pay, Personal Time and Floating Holidays are eligible in calculating the 40 hour workweek. Holidays and vacation days shall be considered work days. Compensatory time off may be used in lieu of cash overtime compensation and is calculated in the same manner but only if a prior voluntary agreement
or understanding has been reached between the department head and the employee. The department head is not required to offer the option of compensatory time.
§ 33-28. Disciplinary procedures. [Added 5-6-1996 ATM, Art. 7; amended 5-5-2003 ATM, Art. 3; 5-3-2004 ATM, Art. 3; 5-2-2005 ATM, Art. 3; 5-7-2007 ATM, Art. 56, 5-5-2008 ATM, Art. 3]
A. The goal of management is to develop productive employees. Managers must keep all employees
informed of management's expectations in the areas of job performance and behavior through
regular meetings and discussions. Management must thoroughly investigate and document performance issues. Managers should seek advice from the Human Resources Director on
appropriate procedures.
B. Employees are expected to conduct themselves in a professional and respectful manner consistent
with the high standards held by the Town. The following list of infractions, although not intended
to be all-inclusive, illustrate some of the breaches of conduct that may result in disciplinary action, up to and including dismissal. This does not alter the "at will" nature of employment with
the Town. (1) Violation of the Town's policies.
(2) Use of profane or abusive language, or rude or discourteous behavior.
(3) Dishonesty.
(4) Misappropriation of Town funds or assets.
(5) Excessive or unexcused absences or tardiness or fraudulent use of leave time.
(6) Conducting personal business during work hours.
(7) Neglect of job responsibilities. [Amended 5-5-2008 ATM, Art. 3]
(8) Insubordination.
(9) Falsifying or unauthorized destruction of records, mail or other documents.
(10) Destruction, unauthorized removal, or theft of Town property or the property of others located on Town premises. C. If employees exhibit inappropriate conduct or fail to meet performance standards, they may be
subject to the Town's disciplinary procedures. Disciplinary procedures, outlined below, in no way alter the employment at will relationship.
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Oral Verbal reprimand.: An oral reprimand constitutes the first step in the disciplinary procedure.
Management must meet with the employee to communicate the warning and must give the employee a written summary which documents the infraction and describes how the employee
failed to meet the acceptable standards of performance. The employee should be counseled on
ways to improve performance. A copy of the written summary will be placed in the employee's personnel file.
Written reprimand.: Management must meet with the employee and give him/her a formal written reprimand which fully documents the infraction and a copy placed in the employee's personnel
file. Suspension.: A suspension is the temporary and involuntary separation of an employee from
employment. The purpose of a suspension is to serve as a final warning to an employee that continued poor performance or misbehavior will result in dismissal. All suspensions must be documented in writing and a determination letter given to the employee by management and a
copy placed in the employee's personnel file. Whenever possible, the Human Resources Department will be consulted prior to issuing a suspension.
Dismissal.: Dismissal is the permanent and involuntary separation of a person from employment with the Town. Issues surrounding the dismissal must be documented.
D. Management reserves the right to determine at which step of the disciplinary process to begin. Options range from an oral verbal reprimand up to and including immediate dismissal. This
decision will be based on the severity of the infraction. If necessary, employees may be put on
administrative leave with pay pending an investigation.
E. All employees are entitled to a pre-termination meeting with the Human Resources Director and the Town Manager at which they have an opportunity to present their case. [Amended 5-5-2008 ATM, Art. 3]
E.F. Employees involved in any step of the disciplinary process are not eligible for consideration under ~33-9 Step Rate Increases until improvement has been documented and/or a
period of time as defined by the Town Manager and Department Head has expired with no additional disciplinary actions.
§ 33-33. Discrimination and sexual harassment. [Added 5-5-1997 ATM, Art. 3; amended 5-5-2003 ATM, Art. 3, 5-7-2007 ATM, Art. 4, 5-7-2007 ATM, Art. 56, 5-5-2008 ATM, Art. 3]
A. In accordance with applicable federal and state laws, Town employees or contractors paid by the
Town may not engage in any discriminatory practices or activities. Discrimination based upon a
person's race, color, religious creed, national origin, ancestry, genetic information, gender, sexual orientation, veteran status, age or disability is prohibited with respect to hiring, firing,
compensation, terms and conditions of employment and in all areas of the workplace.
B. Sexual Harassment Policy of the Town of Hopkinton.
(1) Introduction.
(a) It is the goal of the Town of Hopkinton to promote a workplace that is free of sexual harassment. Sexual harassment of employees occurring in the workplace
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or in other settings in which employees may find themselves in connection with
their employment is unlawful and will not be tolerated by the Town. Further, any
retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating with an investigation of a sexual
harassment complaint is similarly unlawful and will not be tolerated. To achieve
our goal of providing a workplace free from sexual harassment, the conduct that is described in this policy will not be tolerated, and we have provided a
procedure by which inappropriate conduct will be dealt with, if encountered by employees.
(b) Because the Town takes allegations of sexual harassment seriously, we will respond promptly to complaints of sexual harassment, and where it is determined that such inappropriate conduct has occurred, the Town will act promptly to
eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.
(c) Please note that while this policy sets forth our goals of promoting a workplace that is free of sexual harassment, the policy is not designed or intended to limit
the Town's authority to discipline or take remedial action for workplace conduct
which we deem unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment.
(2) Definition of sexual harassment.
(a) In Massachusetts, the legal definition for sexual harassment is this: "sexual harassment" means sexual advances, requests for sexual favors and verbal or physical conduct of a sexual nature when:
[1] Submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or a
basis for employment decisions; or
[2] Such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's work performance by
creating an intimidating, hostile, humiliating or sexually offensive work
environment.
(b) Under these definitions, direct or implied requests by a supervisor for sexual
favors in exchange for actual or promised job benefits, such as favorable reviews, salary increases, promotions, increased benefits or continued employment,
constitutes sexual harassment. (c) The legal definition of sexual harassment is broad and in addition to the above
examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a workplace environment that is hostile,
offensive, intimidating or humiliating to male or female workers may also
constitute sexual harassment. (d) While it is not possible to list all those additional circumstances that may
constitute sexual harassment, the following are some examples of conduct which, if unwelcome, may constitute sexual harassment depending upon the totality of
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the circumstances, including the severity of the conduct and its pervasiveness.
[1] Unwelcome sexual advances, whether they involve physical touching or not.
[2] Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's sex life, comment on an individual's body,
comment about an individual's sexual activity, deficiencies or prowess. [3] Displaying sexually suggestive objects, pictures, cartoons.
[4] Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments.
[5] Inquiries into one's sexual experiences.
[6] Discussion of one's sexual activities.
(e) All employees should take special note that, as stated above, retaliation against
an individual who has complained about sexual harassment and retaliation against individuals for cooperating with an investigation of a sexual harassment
complaint is unlawful and will not be tolerated by the Town.
(3) Complaints of sexual harassment by any employee who believes that he or she has been
subjected to sexual harassment, he/she has the right to file a complaint with the Town
Manager. This may be done in writing or orallyverbally. If any employee would like to file a complaint, he/she may do so by contacting the Human Resources Director or the
Town Manager Police Chief. If the sexual harassment is against the Town Manager the complaint can be filed with the Chair of the Personnel Baord either in writing or orally. Please see the table below for exceptions.
Harassment Allegations Against: File Complaint With:
Human Resources Director Town Manager
Police Chief Chair of Personnel Board
Town Manager Chair of Personnel Board
(4) Sexual harassment investigation.
(a) When the Town receives the complaint it will promptly investigate the allegation in a fair and expeditious manner by the Human Resources Director or his/her
designee. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. The investigation will include a private interview with the person filing the complaint
and with witnesses. The Town Manager will also interview the person alleged to have committed sexual harassment. When the investigation is completed, the Human Resources Director or his or her designee will, to the extent appropriate,
inform the person filing the complaint and the person alleged to have committed the conduct of the result of that investigation. If allegations are against the
Human Resources Director the above procedure and processes will be conducted
by the Personnel Board. [Amended 5-5-2008 ATM, Art. 3] See Table Below for Exceptions.
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Harassment Allegations Against: Investigation Led By:
Human Resources Director Town Manager
Police Chief Chair of Personnel Board
Town Manager Chair of Personnel Board
(b) If it is determined that inappropriate conduct has occurred, the Town Manager
following Town officer will act promptly to eliminate the offending conduct, and where it is appropriate, disciplinary action will be imposed and take the appropriate disciplinary actions.
Harassment Committed By: Follow Through Person:
Human Resources Director Town Manager
Police Chief Chair of Personnel Board
Town Manager Chair of Personnel Board
All other(s) Town Manager
(5) Disciplinary action. If it is determined that inappropriate conduct has been committed by
an employee, the Town Manager will take such action as is appropriate under the circumstances. Such action may range from counseling to termination from employment and may include such other forms of disciplinary action as deemed appropriate under the
circumstances. (6) State and federal remedies. In addition to the above, if an employee believes they have
been subjected to sexual harassment, they may file a formal complaint with either or both of the government agencies set below. Using the Town's complaint process does not prohibit an employee from filing a complaint with these agencies. An employee has 300
days from the date of the last incident, to file a claim with the EEOC and MCAD. [Amended 5-5-2008 ATM, Art. 3]
(a) The United States Equal Employment Opportunity Commission (EEOC)
JFK Bldg. Government Center - 4th Floor
(617) 565-3200 Boston, MA 02203
(b) The Massachusetts Commission Against Discrimination (MCAD)
Boston Office: Springfield Office: One Ashburton Place - Rm 601 424 Dwight Street, Rm 220 Boston, MA 02108 Springfield, MA 01103
(617) 727-3990 (413) 739-2145 C. It is the responsibility of all managers to create an atmosphere free of discrimination or
harassment, sexual or otherwise.
D. Any employee who believes that he/she has been discriminated against on the basis of any of the
factors listed above, including sexual harassment, should first attempt to achieve an informal resolution of the complaint. If this attempt is unsuccessful, the employee may then file a written
complaint with the Town EEO Officer, who is the Human Resources Director and or his/her
designee, within 30 days of the incident. No person filing a complaint shall be subjected to retribution for doing so. [Amended 5-5-2008 ATM, Art. 3]
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E. All complaints shall be promptly and thoroughly investigated within 15 days by the Human
Resources Director and or his/her designee, and a report of the findings of such investigation and recommendations for action shall be presented to the Town Manager. Final decisions regarding
the actions to be taken against any person found to have engaged in any discriminatory behavior
or to have made false charges against another person will be made by the Board of Selectmen. Actions may include counseling and disciplinary procedures. In case of allegations against the
Town Manager the above process will be conducted by the Chair of the Personnel Board or
her/his designee. [Amended 5-5-2008 ATM, Art. 3]
F. Retaliation: Any employee who, in good faith, reports an alleged incident of sexual or other
harassment will under no circumstances be subject to reprisal or retaliation of any kind. Any employee who feels he or she has been subjected to retaliation should report him/her to his or her
supervisor or the Human Resources Department or the reporting chain as detailed in 33-33 3.
Any employee, however, who is found to have knowingly made a false accusation of sexual harassment or retaliation, may be subject to appropriate disciplinary action up to and including
termination.
§ 33-39. Technology Usage. [Added 5-5-2003 ATM, Art. 3]
The technology usage policy covers all computer, communications, and information technology systems. This includes, but is not limited to: computers, internet services, e-mail, telephones and fax machines.
Any employee abusing the privileges and authorized uses of this technology will be subject to disciplinary action ranging from oral reprimand to dismissal and/or legal prosecution. Due to constant upgrades and advances in technology it is not possible to exhaustively list all types of technologies
currently covered in computer, communication, and information technology systems ranging from computers, internet services, server usage, e-mail, telephones, PDA’s and fax machines that are the
Property of the Town of Hopkinton or are used in the regular conduct of Town of Hopkinton business that
are reimbursed by the Town of Hopkinton. Any employee abusing the privileges and authorized uses of this technology will be subject to disciplinary action deemed appropriate by the Town’s disciplinary
policy up to and including termination. Please see the separate handout regarding Internet and E-Mail
usage for further details regarding our technology policies.
§ 33-46 Americans with Disabilities Act
It is the policy of the Town of Hopkinton not to discriminate against qualified individuals with disabilities
in regard to application procedures, hiring, advancement, discharge, compensation, training, or other
terms, conditions, and privileges of employment.
Additionally, the Americans with Disabilities Act (ADA) requires employers to reasonably accommodate qualified individuals with disabilities. It is the policy of the Town to comply with all Federal, state, and local laws concerning the employment of persons with disabilities.
Town of Hopkinton will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of the job in question.
An individual who can be reasonably accommodated for the job in question, without undue hardship, will be given the same consideration for that position as any other employee or applicant.
All employees are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, which threat cannot be eliminated by reasonable
accommodation, will not be hired. Current employees who pose a direct threat to the health of safety of
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the other individuals in the workplace will be placed on appropriate leave until an organizational decision
has been made in regard to the employee’s immediate employment situation.
The Human Resources Department is responsible for implementing this policy, including resolution of
reasonable accommodation, safety, and undue hardship issues.
Definitions In implementing this policy, The Town of Hopkinton will be guided by the then-applicable definitions stated in the ADA or in case law construing the ADA, and applicable state and local law. . In the event of
any conflict between the definitions in the ADA and the definitions in this policy, the legal definitions will control. The following discussion is provided for general guidance of employees and applicants in understanding the policy of The Town of Hopkinton.
• “Disability” refers to a physical or mental impairment that substantially limits one or more of the major life activities of an individual. An individual who has such an impairment, has a record of such an
impairment is also deemed a “disabled individual”. An individual may also be deemed “disabled” if that person is regarded as having such an impairment. However, in the “regarded as” instance, the situation is
more complicated. Under amendments to the ADA in 2008, if the condition is transitory and minor,
defined as having an actual or expected duration of 6 months or less, then the condition does not qualify as a disability.
• Generally, ameliorative measures such as medications and medical devices will not be considered in making a disability determination, although ordinary eyeglasses may be taken into consideration. So, for
example, the mere fact that a person wears ordinary eyeglasses will not qualify that person as “disabled.”
On the other hand, the fact that a person has a hearing aid or takes medications to address the impairment will not disqualify that person as being “disabled” if the person otherwise meets the definition of
“disabled.” • “Major life activity” may include things such as caring for oneself, performing manual tasks, seeing,
hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating or working. A “major life activity” may also include bodily functions such as functions of the immune system, normal cell growth, digestive, bowel, bladder,
neurological, brain, respiratory, circulatory, endocrine, and reproductive systems. • “Direct threat to safety” refers to a significant risk to the health or safety of others that cannot be
eliminated by reasonable accommodation.
• A “qualified individual with a disability” refers to an individual with a disability who, with or without
reasonable accommodation, can perform the essential functions of the employment position that the individual holds or has applied for.
• “Reasonable accommodation” refers to making existing facilities readily accessible to and usable by individuals with disabilities, including but not limited to; job restructuring, part-time or modified work
schedules, reassignment to a vacant position, acquisition or modification of equipment or devices,
adjustment or modification of examinations, adjustment or modification of training materials, adjustment or modification of policies, and similar activities.
• “Undue hardship” refers to an action requiring significant difficulty or expense by the employer. The factors to be considered in determining an undue hardship include: (1) the nature and cost of the
accommodation; (2) the overall financial resources of the facility at which the reasonable accommodation is to be made; (3) the number of persons employed at that facility; (4) the effect on expenses and
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resources or other impact upon that facility; (5) the overall financial resources of the Town; (6) the overall
number of employees and facilities; (7) the operations of the particular facility as well as the entire Town;
and (8) the relationship of the particular facility to the Town. These are not all of the factors but merely examples.
• “Essential job functions” refers to those activities of a job that are the core to performing the job in question.
Passed by: Voice Vote Unanimous (05-04-09)
ARTICLE 4. Voted: that the Town raise and appropriate $22,134,711.70 and transfer the following sums from available funds:
Water Enterprise Fund Shared Costs $ 273,351 Sewer Enterprise Fund Shared Costs $ 211,025 Transfer from Capital Projects $ 50,000
Transfer from CPA $ 359,360 Transfer from Perpetual Care $ 18,696
Repayment from Sewer Fund $ 150,000
Transfer from Title V $ 29,218 Transfer from Ambulance Receipts $ 101,975
Overlay Surplus $ 102,000
Transfer from Workers’ Compensation Fund $ 70,000 Transfer from Free Cash $ 462,000
for a total of $23,962,336.70 for the purposes itemized and described in the Fiscal Year 2010 Operating Budget of the Town, as set forth in the Appropriation Committee Report.
Passed by: Voice Vote Unanimous (05-04-09)
ARTICLE 5. Voted: that the Town raise and appropriate $32,249,725.67 for the operation of the School Department for the fiscal year beginning July 1, 2009; said sum to be spent under the direction of the School Committee.
Passed by: Voice Vote Unanimous (05-04-09) ARTICLE 6. Voted: that the Town raise and appropriate $389,079.00 to meet the Town's share of the annual operating and debt service expenses of the South Middlesex Regional Vocational Technical
School District for the fiscal year beginning July 1, 2009; said sum to be spent under the direction of the
South Middlesex Regional Vocational Technical School District Committee.
Passed by: Voice Vote Unanimous (05-04-09)
ARTICLE 7. Voted: that the Town transfer $211,025.21 from the Sewer Enterprise Fund to the
General Fund as reimbursement of shared costs and fringe benefits, and further to raise and appropriate $771,062.33 for the expenses of the Sewer Department for the fiscal year beginning July 1, 2009, of which $697,929.33 is to be provided by revenues received by the Sewer Department and $73,133 is to be
provided from the General Fund; said sum to be spent under the direction of the Director of the Department of Public Works and used for the following purposes:
22
0444 Wages & Salaries $ 161,587.12
0775 Expenses $ 398,450.00
0186 Shared Costs $ 211,025.21 TOTAL $ 771,062.33
Passed by: Voice Vote Unanimous (05-04-09) ARTICLE 8. Voted: that the Town raise and appropriate $939,445.09 to be provided from betterments and other revenues received by the Sewer Department and transfer $47,160 from retained earnings of the Sewer Department for a total of $986,605.09 for the Sewer Department Debt Service; said
sum to be spent under the direction of the Director of the Department of Public Works for the following purposes: 0399 Interest on short term debt $ 7,160.00
0358 Interest on long term debt $ 267,463.79 0346 Maturing principal $ 561,981.30 034 Repayment to the General Fund $ 150,000.00
TOTAL $ 986,605.09.
Passed by: Voice Vote Unanimous (05-04-09)
ARTICLE 9. Voted: that the Town transfer $273,350.62 from the Water Enterprise Fund to the
General Fund as reimbursement of shared costs and fringe benefits, and further to raise and appropriate
$1,109581.90 for the expenses of the Water Department for the fiscal year beginning July 1, 2009, of which $788,356.90 is to be provided by revenues received by the Water Department and $321,225.00 is
to be provided from the General Fund; said sum to be spent under the direction of the Director of the
Department of Public Works and used for the following purposes:
0817 Wages & Salaries $ 292,708.80 0822 Expenses $ 543,522.48 0907 Shared Costs $ 273,350.62
TOTAL $ 1,109,581.90. Passed by: Voice Vote Unanimous (05-04-09)
ARTICLE 10. Voted: that the Town raise and appropriate $505,200.63 from revenues received by the Water Department and transfer $19,568 from retained earnings of the Water Department for a total
of $524,768.63 for the Water Department Debt Service; said sum to be spent under the direction of the Director of the Department of Public Works for the following purposes:
0799 Interest on long term debt $ 147,053.17 0778 Maturing principal $ 304,115.46
1077 Administrative Costs $ 1,600.00
0728 Ashland Obligation $ 72,000.00 TOTAL $ 524,768.63.
Passed by: Voice Vote Unanimous (05-04-09) ARTICLE 11. Voted: that the Town, pursuant to Chapter 44, Section 53E ½ of the General
Laws, authorize the establishment and use of the revolving funds set forth in Article 11 of the Annual Town Meeting Warrant, for the fiscal year beginning July 1, 2009, provided, however, that the
unencumbered prior year balance of the Open Space Preservation Commission account shall revert to the General Fund.
23
Fund Revenue Source Authority to Spend Fund
Use of Fund Spending Limit Disposition of Prior Year Fund Balance
Building
Department
Permit fees Director of
Municipal
Inspections with approval of
the Board of
Selectmen
Expenses of
operation of
department
$45,000
Unencumbered
balance reverts to
general fund
Part-time Wire
Inspector
Permit fees and inspection
fees of Wire
Inspector
Director of Municipal
Inspections
with
approval of
the Board of Selectmen
Expenses and salary of part-time wire
inspector
$45,000 Unencumbered balance reverts to
general fund
Part-time
Plumbing
Inspector
Permit fees
and inspection
fees of
Plumbing Inspector
Director of
Municipal
Inspections
with approval of Board of
Selectmen
Expenses and salary
of part-time
plumbing inspector
$45,000
Unencumbered
balance reverts to
general fund
Board of
Health
Permit fees,
inspection fees and other funds
collected by
Board of
Health relating to public health,
safety and
environmental
laws, codes and regulations
Board of
Health
Expenses of Board
of Health, including services of inspectors, agents,
consultants,
contractors, clerical
support, equipment, supplies and training, directly
relating to the
implementation and
enforcement of federal, state and local public health,
safety and
environmental laws,
codes and regulations.
$150,000
Unencumbered
balance reverts to general fund
Hazardous
Materials
Fees and
monies
received from
insurers &
Fire Chief Purchase equipment
and materials,
training, contingency
planning, site
$5,000
Unencumbered
balance reverts to
general fund.
24
others relating
to release or
spills of
hazardous materials
assessments, service
at hazardous release
incidents.
Conservation
Commission
Consultant
fees referred
to in Wetlands
Protection Bylaw
Conservatio
n
Commission
To meet expenses &
fees of consultants
engaged by & other
appropriate expenses of Conservation
Commission
$115,000
Unencumbered
balance reverts to
general fund
Library Lost
Materials/Fine
s
Library
Director
Replacement of lost
and damaged
materials.
$9,000 Unencumbered
balance reverts to
general fund Emergency
Medical
Services
Emergency
Medical
Services user
fees
Fire Chief
Police Chief
To operate, maintain
service, acquire, &
upgrade vehicles,
equipment &
training for emergency medical
services.
$350,000
Unencumbered
balance reverts to
general fund
Public Safety Permit fees
and other
collected pursuant to
the
administration
and
enforcement of the Town
of Hopkinton
by Law Ch.
150 –
Peddling and Soliciting.
Police Chief To meet the
expenses of the
Police Department related to the
administration and
enforcement of the
Town of Hopkinton
Bylaw Chapter 150 - Peddling and
Soliciting.
$5,000 Unencumbered
balance reverts to
general fund
Planning
Board
Permit fees
and consultant
fees collected
by the Planning Board relating
to review of
Site Plans,
petitions, applications, permits and
appeals.
Planning
Board
To meet expenses
and fees of
consultants engaged
by and other appropriate expenses of the Planning
Board
$30,000
Unencumbered
balance reverts to
general fund
Parks & User fees and Parks & To meet expenses $100,000 Unencumbered
25
Recreation
Commission
charges
collected by
the Parks &
Recreation Commission
relating to the
conduct of its
programs.
Recreation
Commission
and fees of
individuals engaged
by and salaries,
facilities maintenance and
other appropriate
expenses of the
Parks & Recreation
Commission
balance reverts to
general fund
Open Space
Preservation
Commission
User fees,
charges and
donations
collected by
the Open Space
Preservation
Commission
in the conduct
of its programs and
activities.
Open Space
Preservation
Commission
To meet expenses of
the publication,
reprinting and sale of
the trail guide and
the maintenance of trails and signage.
$10,000
As determined by
Town
Youth
Commission
User fees,
charges and
donations received by
the Youth
Commission
in the conduct
of its programs and
activities.
Youth
Commission
To meet expenses
incurred in
conducting programs and activities for the
Town's young
people.
$4,000
Unencumbered
balance reverts to
general fund
Zoning
Board of
Appeals
Filing fees
and consultant
fees collected by the Zoning
Board relating
to review of
appeals,
petitions and applications
Zoning
Board of
Appeals
To meet expenses
and fees of
consultants engaged by and other
appropriate expenses
of the Zoning Board
of Appeals
$50,000
Unencumbered
balance reverts to
General Fund
Department
of Public
Works –
Highway Division
Road
Opening,
Driveway
Opening, and Trench Permit fees
Director of
the
Department
of Public Works
Expenses of
operation of the
Highway Division
$3,500
Unencumbered
balance reverts to
general fund
Department
of Public
User fees
collected at
Director of
the
Expenses of
operation of
$15,000
Unencumbered
balance reverts to
26
Works –
Recycling
Committee
the Recycling
Center
Department
of Public
Works
Recycling Center general fund
Passed by: Voice Vote Unanimous (05-04-09) ARTICLE 12. Voted: that the Town transfer $65,000 from Budget Line 1074, Rubbish Disposal, in Department 433, Waste Collection and Disposal, to Budget Line 1084, Engineering, in Department 421, Highway Road Maintenance, of the Town’s Fiscal Year 2009 Budget, previously voted
under Article 4 of the Warrant for the 2008 Annual Town Meeting, for the purpose of providing stormwater management and mapping and snow dump improvements
Passed by: Voice Vote Unanimous (05-04-09) ARTICLE 13. Voted: that the Town transfer $225 from Budget Line 588, Building Maintenance
and Repairs, in Department 421, Highway Expenses, of the Town’s Fiscal Year 2009 Budget previously voted under Article 4 of the Warrant for the 2008 Annual Town Meeting, to pay a bill for the Department
of Public Works, said bill having been incurred in a prior fiscal year. Passed by: Voice Vote Unanimous (05-04-09)
ARTICLE 14. Motion: That the Town vote to petition the General Court to amend the
Town Charter through passage of a Special Act substantially as set forth in Article 14 of the
Annual Town Meeting Warrant. Failed by: No 105 Yes 52 (05-04-09)
ARTICLE 15. Voted: that the Town accept the provisions of Section 4 of Chapter 73 of the Acts
of 1986, as amended by Chapter 126 of the Acts of 1988, to provide an additional real estate tax
exemption of fifty percent in Fiscal Year 2010, for those qualified for an exemption under Chapter 59, Section 5, clauses 17D, 22, 22A, 22B, 22C, 22D, 22E, 37A, 41C, 42 or 43, of the General Laws.
Passed by: Voice Vote Unanimous (05-04-09)
ARTICLE 16. Voted: that the Town amend Chapter 5 of the General Bylaws of the Town of Hopkinton, Chapter 5, by deleting the word “nine” from the first sentence of Section 5-1 thereof and inserting in its place the word “five.”
Passed by: Voice Vote Unanimous (05-04-09)
ARTICLE 17. Motion: To see if the Town will vote to amend Chapter 206, Wetlands Protection, of the General Bylaws of the Town of Hopkinton, by making several housekeeping
changes as shown on the document entitled “Revised Wetlands Bylaw” on file with the Town
Clerk.
Proposed amendment to Section 206-13E in “Revised Wetlands Bylaw” by adding an additional sentence as follows: “In no event, however, shall the aggregate amount of all fines assessed under this by-
law exceed the sum of $600 per day.”
Failed by: Voice Vote (05-04-09)
27
VOTED: that the Town amend Chapter 206, Wetlands Protection, of the General Bylaws of the
Town of Hopkinton, by making several housekeeping and other minor changes as shown on the document
entitled “Revised Wetland Bylaw” on file with the Town Clerk.
§ 206-1 through § 206-17:
Insert and delete language as indicated on the attached document to clear-up old or out-of-date references and terms and to correct grammar and other items without changing the intent or meaning of any
provision. § 206-2. Definitions:
1. Insert the following new definitions not previously listed:
AGRICULTURE -- The term “agriculture” shall refer to the definition as provided by G.L. Ch. 128 § 1A.
POND -- The term “pond” shall follow the definition of 310 CMR 10.04 except that the size threshold of 10,000 square feet shall not apply.
§ 206-3. Jurisdiction: 1. Insert and delete the following language:
Except as permitted by the Conservation Commission or as provided in this chapter Chapter, no person shall commence to remove, fill, dredge, build upon, degrade, discharge into or otherwise alter the following resource areas: any freshwater or coastal wetlands, marshes, wet meadows, bogs, swamps,
vernal pools, springs, banks, reservoirs, lakes, ponds of any size, rivers, streams, creeks, and lands under water bodies,; intermittent streams, brooks and creeks; lands adjoining these resource areas out to a
distance of 100 feet, known as the buffer zone; perennial rivers, streams, brooks and creeks; lands
adjoining these resource areas out to a distance of 200 feet, known as the riverfront area; and lands subject to flooding or inundation by groundwater or surface water and lands within 100 feet of any of the
aforesaid resource areas (collectively the "resource areas protected by this chapter Chapter"). Said
resource areas shall be protected whether or not they border surface waters.
§ 206 – 5. Applications for permits and requests for determination:
1. Insert and delete the following language in subsection C.:
Any person desiring to know whether or not a proposed activity or an area is subject to this chapter
Chapter may in writing request a determination from the Commission. Such a request Request for determination Determination of Applicability (RFD RDA) shall include the information and plans hereinafter as set forth in the Hopkinton Wetlands Protection Regulations and as may be deemed
necessary by the Commission.
2. Delete subsection H in its entirety and replace with the following sentence:
Adequate access must be granted to the Commission, its agents and consultants, to determine the accuracy of the information submitted in the permit application and the request for determination RDA or
other application requests. 3. Delete subsections J. – M. in their entirety.
§ 206 – 6. Public hearings and notifications: 1. Insert and delete the following language in subsection A.:
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Any person filing a permit or other application, RDA, ANRAD or other request or RFD with the
Commission shall, at the same time, give written notice thereof, by certified mail (return receipt
requested), certificate of mailing, or hand delivered delivery, to all abutters at their mailing addresses shown on the most recent applicable tax list of the a valid certified Assessors abutters list, including
owners of land directly opposite on any public or private street or way, and abutters to the abutters within
300 feet of the property line of the applicant, including any other municipality or across any body of water. The notice to abutters shall have enclosed a summary of the project or proposal, date of the
Commission hearing or meeting date if known, copy of the permit application or request, with plans, or shall state where copies may be examined and obtained by abutters. An affidavit of the person providing such notice, with a copy of the notice mailed and delivered, shall be filed with the Commission. When a
person requesting a permit or RFD Determination is other than the owner, the request, the notice of hearing and the Determination itself decision shall be sent by the Commission to the owner as well as to the person making the request.
§ 206 – 7. Coordination with other boards: 1. Insert the following language:
Upon receipt of a permit application or request for determination, the Commission shall provide written notice thereof, by electronic mail or hand delivery, to the Board of Selectmen, Planning Board, Board of
Health, Highway Surveyor and Building Inspector. A copy shall be provided in the same manner to the
Commission of the adjoining municipality, if the application or RDA pertains to property within 300 feet of that municipality.
§ 206 – 8. Determinations, permits and conditions: 1. Insert a new subsection D as follows:
The Commission may establish, in its Order of Conditions, design specifications, performance standards, and other measures and safeguards, including setbacks, no-disturb areas, no-build areas, and other work
limits for protection of resource areas, including without limitation strips of continuous, undisturbed
vegetative cover, unless the applicant convinces the Commission that the area or part of it may be disturbed without harm to the resource area values protected by this Chapter.
2. Change the following subsections letters:
D. to E.
E. to F. F. to G. G. to H.
§ 206 – 11. Fees:
1. Delete subsection C. and change subsection D. to C.
2. Change subsection F. to D. and insert and delete the following language:
At the time of a permit application, RDA, ANRAD, or other request or RFD, the applicant shall pay the
filing/consultant fees fee as specified in the Hopkinton Wetlands Protection Regulations. Such fees are in addition to those required by the Wetlands Protection Act, MGL c. 131, ~ 40, and are not refundable. The
Commission may waive the filing fee and the costs and expenses for a permit application, RDA, ANRAD
or other request submitted by a government agency. Additional consultant fees may be requested where the requisite review is more expensive than originally calculated or where new information requires additional consultant services. The Commission may require the payment of such additional consultant
fees for any of the purposes referred to in Subsection B above at any time prior to the issuance of a
29
Certificate of Compliance. Such fee is in addition to those required by the Wetlands Protection Act,
MGL c. 131, ~ 40, and is not refundable. The Commission may waive the filing fee and the costs and
expenses for a permit application or RFD submitted by a government agency. The fee for an application for modification of a permit will be the excess, if any, of the amount calculated as provided in the
regulations for the activities requested to be allowed by the modified permit over the fee paid for the
original permit, provided that the fee for an application for modification of a permit will in no event be less than $25. [Amended 5-3-2000 ATM, Art. 57]
3. Change the following subsections letters:
G. to F.
H. to G. I. to H.
§ 206 – 13. Enforcement: 1. Delete subsection B. in its entirety.
2. Change the following subsections letters:
C. to B. D. to C.
E. to D. F. to E.
G. to F.
3. Insert and delete the following language in subsection E:
Any person who violates any provision of this chapter Chapter, or regulations, permits or administrative orders issued thereunder, shall be punished by a fine as set forth in the Hopkinton Wetland Protection Regulations of not more than $300. Each day or portion thereof during which a violation continues, or
unauthorized fill or alteration remains in place, shall constitute a separate offense, and each provision of the bylaw, regulations and permits or administrative orders violated shall constitute a separate offense.
Passed by: Voice Vote Unanimous (05-04-09)
ARTICLE 18. Voted: that the Town amend the Zoning Bylaws of the Town of Hopkinton by
adopting a new Article XXVII, Signs, and making other related amendments to the Zoning Bylaws as set forth in Article 18 of the Annual Town Meeting Warrant, provided, however, that, in Section 210-176 of
said Article XXVII, the letters ‘c)’ and ‘d)’ shall be deleted and replaced with the numbers ‘3)’ and ‘4)’
respectively; and provided further that, in Section 210-180B of said Article, paragraphs A and B shall be re-numbered as Paragraphs 1 and 2.
1. Adopt a new Article XXVII, Signs, as follows:
ARTICLE XXVII Signs
§ 210-176. Purpose.
30
The sign regulations contained herein are intended to: 1) facilitate efficient communication; 2) avoid
conflict between signs and the visual qualities of the environs; 3) support economic vitality and
opportunity; and 4) encourage compatibility and harmony with surrounding buildings, land and land uses.
It is the intent of these regulations to balance the need for communication, economic vitality and free
speech with the desire for an attractive community with signage that is complimentary in scale and vernacular to its context. The Town encourages sign permittees, property owners, businesses, and Town
boards that review and approve signage to be mindful of this balance. A general harmony in design between signage on the same lot and on the same building is encouraged.
§ 210-177. Definitions. For the purpose of this Article, terms shall have the following meanings:
BUSINESS ESTABLISHMENT – A place of business; a lawfully existing non-residential use.
HEIGHT – The vertical distance measured from the finished grade at the sign to the highest point of the sign or its supporting structure, whichever is higher.
SANDWICH BOARD SIGN – A portable A-frame sign constructed of durable materials with two identical flat faces and designed to be displayed on the ground.
SIGN – Any letter, word, symbol, drawing, picture, design, device, article or object that advertises, calls attention to or indicates any premises, persons, products, businesses or activities, or that conveys
or is intended to convey any message whatever the nature of the material and manner of composition or construction. Historical date plaques and markers, athletic scoreboards, flags and insignias of governmental jurisdictions shall not be considered signs.
SIGN AREA – The area of a sign shall include all lettering, wording and accompanying symbols or designs. It shall also include the background on which they are displayed, whether open or
enclosed, any frame around the sign and any “cutouts” or extensions. The area of a sign consisting of individual letters or symbols attached to or painted on a surface, wall or building shall be considered to be that of the smallest rectangle comprised of horizontals and verticals
which encompasses all letters and symbols. Only one side of a two-sided identical sign shall be counted in computing the area of a sign.
TEMPORARY SIGN – Any and every sign which by its design and/or use is temporary in nature, frequently composed of paper, plastic, fabric, posterboard and/or cardboard, typically containing
messages relative to sale, lease, rental or construction of property, garage or yard sales, special
sales, occasional uses and events.
§ 210-178. General Regulations. The following regulations shall apply in all zoning districts:
A. No exterior sign shall be displayed except as provided in this Article or otherwise exempted by this or
other law.
B. No sign shall be displayed so as to create a hazard, obstruct the line of sight at an intersection or obstruct pedestrian travel on public sidewalks.
31
C. Neon signs, including any and every sign which features exposed glass tubing filled with fluorescent
gas, are prohibited. No messages or graphics on permanent signs shall be formed by lights of any
kind.
D. No sign shall be mounted, affixed or painted on roofs or extend above the roof eave line of a building.
E. No sign shall flash, rotate, be animated, make noise, be motorized or move or be designed to move by
any means, either in whole or in part. F. “Welcome to Hopkinton” signs and signs identifying historic villages or historic districts of
Hopkinton may be displayed on the following major public ways, subject to approval by the Board of Selectmen: East Main St., Main St., Cedar St., West Main St., Wood St., South St. and Hayden Rowe St. Such signs shall not exceed 20 sq. ft. in area and shall not be illuminated.
G. The provisions of this Article shall not apply to political signs, traffic signs, roadside civic organization and club signs, Boston Marathon race pavement markings, memorials and monuments,
utility, traffic and construction warning signs, public safety messages, decorations, signs integral to product dispensing devices and fuel pumps, flags and insignia of governmental jurisdictions,
historical plaques, trailhead signs and kiosks, property address numbers and the like.
§ 210-179. Temporary signs.
Temporary signs and banners are permitted in all zoning districts as follows:
A. Temporary standing signs and sandwich board signs may be displayed by community, civic and non-profit organizations promoting events. Such signs may not be displayed more than 30 days before an event and shall be removed within two business days of the event. The size of such signs shall not
exceed 8 square feet. B. One banner or temporary sign for each business establishment may be displayed on the premises of
such use. Such signs and banners shall not exceed 24 square feet in area, and shall not be displayed for more than 30 days.
C. Due to the historic nature of the Town Common, its central community location and its use for public events, additional temporary signage is permitted on the Town Common in conjunction with specific
events. Such signage shall be allowed at the discretion of the Parks and Recreation Commission and
shall be subject to time and size limitations as it shall require.
D. Temporary signs advertising work being performed on a premises, such as for architects, painters,
contractors, carpenters and the like, shall be allowed during the time that the work is being performed and for a period of 14 days following the conclusion of the work. Such signs shall not exceed 5
square feet in area. E. Signs indicating the donation of landscaping or other property improvements along public ways shall
be allowed for up to 30 days, not to exceed 2 square feet in area.
F. Seasonal off-site directional signs for agricultural uses may be displayed, not to exceed 6 square feet
in area. § 210-180. Sign regulations by zoning district
A. Signs are permitted by right in each zoning district as follows.
32
1. Residence A, Residence B, Residence-Lake Front and Agricultural Districts:
a. Signs advertising the sale or rental of the premises on which they are located, not to exceed 6 square feet in area.
b. Temporary or permanent signs which advertise or otherwise relate to the premises on which they are located, including home occupations, not to exceed 6 square feet in area.
2. Business, Downtown Business and Rural Business Districts
(a) Wall signs and projecting signs shall be allowed on each side of a building facing a public way or parking lot. The area of such signs shall not exceed, in the aggregate, 1.5 square feet for each linear foot of that building wall which faces the public way or parking lot. If a
building or business establishment has a street level public entrance which does not face a public way or parking lot, there may be one secondary wall sign in the vicinity of each such entrance, not to exceed 15 square feet each.
(b) One standing sign per lot is allowed, not to exceed 32 sq. ft. in area. The height of standing
signs shall not exceed 10 feet. Lots which have frontage on more than one public way may
have two standing signs on the lot, one on each public way, not to exceed 32 square feet in area.
(c) Each business establishment may display one sandwich board sign or other standing sign not permanently affixed to the ground on the premises when the business establishment is open to
the public. The size of such signs shall not exceed 8 square feet. (d) Permanent signs shall conform to the side yard and rear yard requirements.
(e) Accessory signs: Two accessory signs per business establishment may be displayed, which may identify businesses or occupants or guide or direct traffic or parking. No such accessory
sign shall exceed 6 square feet in area. (f) In Rural Business Districts, illuminated signs shall be shielded from view of any residential
district lot line adjoining the business to the maximum extent practicable.
(g) Temporary signs may be displayed advertising the sale or rental of the premises on which
they are located, not to exceed 6 square feet in area.
3. Industrial A and Industrial B Districts
(a) Signs must identify or otherwise relate to the primary use of the building and may not be used
for other purposes, except that a non-illuminated real estate sign advertising the sale of the lot or rental of space on the lot on which it is located, and having an area of not more than 20 square feet, is permitted.
(b) Signs shall conform to the side and rear yard requirements. Signs may be located no nearer
than 15 feet to a street line.
(c) There may be one standing sign at the entrance to each individual parcel of land. The standing sign shall not exceed 32 square feet in area or exceed 10 feet in height. There may
be two wall signs on each building, each not to exceed 32 square feet in area. One such wall sign shall be located on the front of the building, and one shall be located on the rear of the
33
building or at a building entrance not facing the street. There may be directional signs within
the property, each not to exceed 10 square feet, for the purpose of directing traffic within the
property.
(d) On-site directional signs for the purpose of regulating traffic in and out of the site are
allowed, provided that such signs are limited to the number reasonably necessary for the purpose, are not illuminated, do not exceed 2 square feet in area and, if freestanding, do not
exceed 4 feet in height. Directional signs may be placed anywhere on the lot as needed for visibility, in such manner as not to obscure sight lines or directions for general traffic.
(4) Professional Office District; Campus Style Developments approved by the Planning Board pursuant to Article XIV:
(a) There may be one standing sign at the main entrance to the development site for the purpose of identifying the development site or businesses located within the site. The sign area shall not exceed 32 square feet in area. The sign shall not exceed 10 feet in height and shall not be
located closer than 15 feet to a street.
(b) There may be one standing sign at secondary entrances to the development site, not to exceed
15 square feet in area. The sign shall not exceed 10 feet in height and shall not be located closer than 15 feet to a street.
(c) There may be either one wall sign on each building or one standing sign identifying each building within the development site, not to exceed 25 square feet in area. The sign shall be
located on or at the front of the building. (d) There may be directional signs within the development site, not to exceed 10 square feet
each. B. The following signs are allowed by special permit from the Board of Appeals. Prior to issuing a
special permit, the Board of Appeals shall find that such signs conform to the community standards expressed in the Purpose of this Article, and the sign(s) are appropriate for the size of the property, the building(s) thereon, and the neighborhood setting.
1. Signs in connection with allowed uses, subject to such limitations as may be imposed by the
Board of Appeals.
2. Off-site directional signs for the purpose of directing traffic toward business establishments,
provided that such signs are limited to the number necessary to the purposes.
§ 210-181. Special Regulations
A. Garden Apartments in Residential Districts, Village Housing in Residential Districts, Senior Housing Development, Open Space Mixed Use Development Overlay District:
In developments approved by the Planning Board pursuant to Article XIII, Garden Apartments in
Residential Districts, Article XIIIA, Village Housing in Residential Districts, Article XVIA, Senior
Housing Development and Article XXVI, Open Space Mixed Use Development Overlay District, all signs are solely subject to such limitations of size and usage as may be imposed by the Planning Board.
B. Adult Uses
34
Signs shall be permitted subject to the provisions of the requirements of those applicable to the Business
District and Article XVI, Adult Uses, of this Chapter, subject to the following condition: No sign may
depict or represent any sexual conduct or state of sexual excitement as defined in MGL c. 272, § 31, nor shall any such representations or depictions be placed upon or within the windows or walls of the
premises so as to be visible to the public from the exterior of the premises.
C. Wireless Communications Facilities
For wireless communications facilities permitted pursuant to Article XVI of this Chapter, there shall be no signs, except for announcement, safety, no-trespassing signs and the signs required to give a telephone
number where the owner can be reached on a twenty-four hour basis. All signs shall conform to the requirements of the zoning district in which the facility is located.
§ 210-182. Nonconforming signs Legal nonconforming signs shall be regulated as follows:
A. Signs lawfully erected or displayed prior to the adoption of this Article may be maintained, reworded,
redesigned, altered or repaired without requiring conformance with the provisions of this Article, as
long as the sign is not rendered more nonconforming.
B. The exemptions granted herein shall terminate with respect to any sign which: 1) shall have been
abandoned for 6 months or more; or 2) advertises or calls attention to any products, businesses or activities which have not been carried on or sold for 6 months or more; or 3) shall not have been
properly repaired or properly maintained within 60 days after notice to that effect has been given by the Director of Municipal Inspections.
2. Amend the following Zoning Bylaw provisions as indicated below: A. § 210-4, Definition of Home Occupations, subsection A(2): Delete “other than one accessory,
nonflashing sign of not more than four square feet” and insert therefor “other than signage as permitted in Article XXVII, Signs.
B. Article II, Residence A (RA) District, § 210-6, Permitted uses: Delete subsection K in its entirety.
C. Article IV, Residence Lake Front (RLF) District, § 210-13, Uses allowed by special permit:
Delete subsection D in its entirety.
D. Article VI, Business (B) District, § 210-18, Permitted uses: Delete subsection G in its entirety.
E. Article VIA, Downtown Business (BD) District, § 210-20.2, Permitted uses: Delete subsection G
in its entirety. F. Article VII, Rural Business (BR) District, § 210-23, Permitted uses: Delete subsection E in its
entirety. G. Article VIII, Industrial A (IA) District: Delete § 210-33, Signs, in its entirety.
H. Article VIIIA, Industrial B (IB) District: Delete § 210-37.7, Signs, in its entirety.
I. Article IX, Professional Office (P) District: Delete § 210-46, Signs, in its entirety.
35
J. Article XIV, Campus Style Development (CSD) District: Delete § 210-82, Signs, in its entirety.
K. Article XV, Adult Uses, § 210-93, General requirements: Delete present subsection D and insert therefor “Signs shall be permitted subject to the provisions of Article XXVII, Signs.
L. Article XVI, Wireless Communications Facilities, § 210-102, Design guidelines: Delete subsection D in its entirety.
Passed by: 2/3 Voice Vote Declared by Moderator (05-04-2009) ARTICLE 19. Voted: that the Town amend the Zoning Bylaws of the Town of Hopkinton by adopting a new Article XXX, Wind Energy Systems, precisely as set forth in Article 19 of the Annual Town Meeting Warrant.
ARTICLE XXX Wind Energy Systems § 210-195. Purpose.
The purpose of this section is to:
A. Promote the safe, effective and efficient use of Wind Energy Systems installed to reduce the on-site consumption of utility-supplied electricity;
B. Minimize the impacts of Wind Energy Systems on the character of neighborhoods, property
values, scenic, historic, and environmental resources of the Town; and C. Protect health and safety, while encouraging Wind Energy Systems and limiting obstacles to
their installation and use.
§ 210-196. Applicability. Construction and use of a Wind Energy System, Meteorological Tower or any part thereof shall
be permitted in all zoning districts subject to the requirements set forth in this section.
§ 210-197. Definitions. For the purpose of this section, terms shall have the following meanings:
WIND ENERGY SYSTEM (WES) – Equipment that converts and then stores or transfers
energy from the wind into useable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other components used in the system.
METEOROLOGICAL TOWER (MET TOWER) – A tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a
period of time for either instantaneous wind information or to characterize the wind resource
at a given location.
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TOTAL HEIGHT - The vertical distance from ground level to the tip of a wind turbine blade
when it is at its highest point.
TOWER - The monopole, freestanding, or guyed structure that supports a wind turbine.
WIND TURBINE - A device for converting wind energy to mechanical, electrical or another
form of energy.
§ 210-198. Use Regulations.
A. A WES may be erected upon the issuance of a special permit by the Board of Appeals,
provided that the WES is an accessory use to the primary use of the lot.
B. A Meteorological Tower shall be allowed as of right for a period of two years, subject to renewal by the Director of Municipal Inspections for one additional two year period. A Met
Tower shall conform to all provisions of this section, with the exception of the requirement
for a special permit.
C. A WES shall be set back from property lines a distance which is equal to the total height of the WES, measured from the point of a tower base which is closest to the property line. A
Wind Energy System may be located closer to a property line only under the following
circumstances: a) the adjacent lot is held in common ownership with the lot on which the
WES is proposed; b) upon provision by the applicant of a recordable easement from an
abutting property owner(s) that is satisfactory to the Board of Appeals; or c) the WES will be mounted on a building.
D. In no instance may the noise level at the lot line exceed 10 dB(A) over the average ambient
nighttime sound level. In a case where the applicant is also the owner of the abutting lot, the
distance shall be measured from the furthest lot line of the abutting lot. Any WES which is located at least 600 feet from a property line shall be presumed to meet this requirement.
E. Unauthorized climbing access to the tower shall be limited by one or more of the following
methods: a) by placing climbing apparatus no lower than 10 feet from the ground; b) by
placing shielding over climbing apparatus or access; or c) by installation of a fence.
F. Tower lighting shall not be permitted unless required by the Board of Appeals.
G. A WES shall be properly maintained and kept in good working order by the owner at all
times.
H. A WES shall be deemed to have been discontinued if it is out of service for a continuous 24-
month period. Upon receipt of a Notice of Discontinuance from the Director of Municipal
Inspections, the owner shall have the right to respond to the Notice within 30 days of receipt.
The Director of Municipal Inspections shall withdraw the Notice of Discontinuance and notify the owner that the Notice has been withdrawn if the owner provides information that
demonstrates to the satisfaction of the Director of Municipal Inspections that the WES has
not been discontinued. If the WES is determined to be discontinued, the owner of the WES
shall remove the system at the owner's sole expense within three months of receipt of the
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Notice of Discontinuance. Failure to remove the system within said time period may subject
the owner to action pursuant to Article XXIV.
I. The visual impact of Wind Energy Systems shall be mitigated to the extent possible. Methods such as the use of landscaping, alternative locations, and non-reflective paint may
be utilized.
J. There shall be periodic inspection of the WES by a Registered Professional Engineer and
submission of such reports to the Director of Municipal Inspections
K. Nothing in this section shall prevent the co-location of wireless communications equipment
on the tower, provided that all other provisions of this Chapter have been satisfied, including
the issuance of all necessary permits.
§ 210-199. Administration
A. A special permit is required from the Board of Appeals to erect or install a Wind Energy
System. A record owner desiring to erect a WES shall file with the Board of Appeals an
application for a Wind Energy System Special Permit, together with such plans, drawings, specifications, fees and additional information as required by the Board of Appeals.
B. The Board of Appeals shall have the authority to waive specific provisions of this section
upon a determination that the waiver is not inconsistent with the purpose and intent of this
section.
C. The Board of Appeals shall conduct its review, hold a public hearing and file its decision
with the Town Clerk as required by MGL c. 40A, § 9 and Article XXII of this Chapter.
D. Approval Criteria. Before the Board of Appeals may issue the special permit, it shall determine each of the following:
(1) The WES conforms to the use regulations and purpose of this section.
(2) The WES will not be detrimental to the neighborhood or the Town.
(3) The WES is an accessory use to the principal use of the lot.
If the Board of Appeals does not make all of the above determinations, it shall deny the
application stating its reasons for such denial.
E. The Board of Appeals may approve the special permit with conditions, which may include,
but shall not be limited to, a performance bond, secured by deposit of money or negotiable
securities, is posted with the Town to guarantee proper maintenance and/or removal of the
WES. The amount of the performance bond shall not exceed the estimated cost of the WES removal.
Passed by: 2/3 Voice Vote Declared by Moderator (05-04-2009)
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ARTICLE 20. Voted: that the Town amend the General Bylaws of the Town of Hopkinton
precisely as set forth in Article 20 of the Annual Town Meeting Warrant.
1. By deleting Chapter 58 in its entirety and, in its place, inserting the following:
Chapter 58 Alcoholic Beverages, Marihuana or Tetrahydrocannabinol
§ 58-1. Possession and Use of Alcoholic Beverages Marihuana or Tetrahydrocannabinol.
No person shall consume an alcoholic beverage, as defined by Chapter 138, Section 1, of the General Laws, or possess an opened container of such beverage, or smoke, ingest, or otherwise use or consume marihuana or tetrahydrocannabinol, as defined by Chapter 94C, Section 1, of the General Laws, within
the limits of any park, playground, public building or any public land (but not including a public way) owned or under the control of the Town of Hopkinton; nor shall any person consume an alcoholic beverage or smoke, ingest, or otherwise use or consume marihuana or tetrahydrocannabinol, as previously
defined, on any public way or way to which the public has a right of access as invitees or licensees, including any person in a motor vehicle while it is in, on, or upon any public way or any way to which the
public has a right of access as aforesaid, within the limits of the Town of Hopkinton; nor shall any person
consume an alcoholic beverage or smoke, ingest, or otherwise use or consume marihuana or tetrahydrocannabinol, as previously defined, in, on, or upon any private land or place without the consent
of the owner or person in control of such private land or place.
§ 58-2. Seizure of Alcoholic Beverages, Marihuana or Tetrahydrocannabinol.
All alcoholic beverages, marihuana or tetrahydrocannabinol used in violation of this section may be seized and held until final adjudication of the charge against any such person or persons has been made by
a court. § 58-3. Violations and penalties.
Whoever violates the provisions of this chapter as it pertains to alcoholic beverages shall be punished by a fine not exceeding fifty ($50) dollars for such offense. Whoever violates the provisions of this chapter as
it pertains to marihuana or tetrahydrocannabinol shall be punished by a fine not exceeding one hundred ($100) dollars for such offense, in addition to any civil penalty imposed under Chapter 94C, Section 32L,
of the General Laws.
2. By amending Chapter 1, General Provisions, Section 1-4. Penalties enumerated., by deleting the
following:
Alcoholic
Beverages Bylaw
(Ch. 58)
Alcoholic beverages
Board of Health or agent designated by Board of Health
$25
and inserting the following:
Alcoholic Beverages, Marihuana or
Tetrahydrocannabinol
Bylaw (Ch. 58)
Alcoholic Beverages, Marihuana or Tetrahydrocannabinol
Police Department
Alcoholic Beverages: $50
Marihuana or
Tetrahydrocannabinol: $100
Passed by: Voice Vote (05-04-2009)
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ARTICLE 21. Voted: that the Town amend Chapter 190, Vehicles and Traffic, of the General
Bylaws of the Town of Hopkinton by inserting a new Article III, Temporary Road Closures, therein,
precisely as set forth in Article 21 of the Annual Town Meeting Warrant.
Article III
Temporary Road Closures
Section 190-8 Authority of the Police Chief The Chief of Police or the Chief’s designee is hereby authorized to close any way, as defined by Chapter
90, Section 1, of the General Laws, when the Chief or the Chief’s designee deems it necessary in the interest of public safety.
Section 190-9 Temporary Parking Restrictions The Chief of Police or the Chief’s designee is hereby authorized to temporarily prohibit parking on any
way or part thereof: in an impending or existing emergency; to allow work to be performed upon, under, above, or adjacent to any way; for lawful assemblage, demonstration or procession; or when it is
necessary in the interest of public safety.
In the case of an emergency, the Chief of Police or the Chief’s designee may order the towing and
removal of vehicles at the expense of the owner of the vehicle.
If vehicles are parked in places or in such a manner that they impede work, and if temporary “no parking”
signs were not posted, a police officer may order that a vehicle be relocated by towing it and placing it elsewhere on the same or contiguous street, at the expense and liability of the person, company, or entity performing the work or services in or from the way. If a vehicle is relocated, the Police Department shall
attempt to notify the owner of the vehicle’s location. Section 190-10 Temporary Traffic Plans
Except upon the consent of the Chief of Police or the Chief’s designee, no person shall place, stand, or park a motor vehicle, trailer, construction equipment, other equipment or other vehicle of any kind, nor
shall they place goods or materials of any kind, upon any way, including the travel way, parking lanes, sidewalk, or other public appurtenances thereto, (1) with the intent to open said street or highway or to
perform work or services upon, under, above, or adjacent to said way, or (2) in such a manner or
condition that the movement of vehicles or pedestrians upon or within said street or highway is blocked or impeded.
The Chief of Police or the Chief’s designee shall determine appropriate traffic control measures including the erecting of temporary signs, cones, lights, detours, the use of a police officer, or the use of a police
officer in the capacity as a private detail, a road flagger, or other measures. It shall be the responsibility of the Chief of Police or the Chief’s designee to review, and when the Chief or the Chief’s designee concurs, to approve, all construction and safety plans within the Town of Hopkinton.
Passed by: Voice Vote Unanimous (05-04-2009)
ARTICLE 22. Motion: To see if the Town will vote to amend the General Bylaws of the Town of Hopkinton as follows:
1. By adding a new Article IV, Use of Recreational Conveyances, to Chapter 190, Vehicles and
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Traffic.
Proposed amendment to delete Paragraph 3 of Section 190-11, Prohibited Areas of Use. Passed Amendment by: Voice Vote (05-04-2009)
Failed as Amended by: Voice Vote (05-04-2009) ARTICLE 23. Voted: that the Town amend the Zoning Map and the Zoning Bylaws of the Town of Hopkinton precisely as set forth in Article 23 of the Annual Town Meeting Warrant.
1. Amend the Zoning Map by establishing the Office Park District in the area shown on the plan entitled “Town of Hopkinton Plan of Land Office Park District”, prepared by Tetra Tech Rizzo,
dated March 4, 2009 on file with the Town Clerk;
2. Insert in Article I, § 210-1, Zoning Districts, A, OP Office Park District;
3. Adopt a new Article XXVIII, Office Park District, as follows:
ARTICLE XXVIII Office Park District
§ 210-183. Development and design objectives.
The Office Park District is designed to accommodate a range of uses which are suitably located with
convenient highway access and to provide specialized services to the community and the region. It is the intent that within the District there shall be an overall unity of design. The location and design of such
uses should be such that it will not disturb residential neighborhoods or detract from the appearance of the
Town and will result in the maintenance of a balance and workable relationship between undeveloped natural resources, residential neighborhoods and commercial development.
§ 210-184. Permitted uses.
No new building or structure shall be constructed or used, in whole or in part, and no building or structure, or part thereof, shall be altered, enlarged, reconstructed or used, and no land shall be used in an Office Park District for any purpose except one or more of the following, provided that no use shall
involve noxious odors or excessive noise: A. Professional offices, administrative offices, clerical offices, establishments for research and
development or laboratories with a biosafety level of Level 1 or Level 2.
B. Light manufacturing and/or assembly with associated professional, administrative and/or clerical
offices.
C. Conference center.
D. Banks.
E. Restaurants.
F. Drive-in, drive-through, or drive-up uses, but excluding the dispensing of food or drink.
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G. Public and private educational uses.
H. Agricultural and horticultural uses.
I. Child care centers.
J. Places of worship and other religious uses.
K. Continuing care retirement community, assisted living facility or similar institution, with a maximum number of beds and/or units not to exceed 300. For definition of use, see § 210-164 and for parking
requirement, see § 210-169A. L. Accessory uses to any use allowed by right or by special permit herein.
§ 210-185. Uses allowed by special permit.
The following uses shall be allowed upon the grant of a special permit by the Planning Board:
A. Residential dormitory component of a conference center.
B. Public transportation facilities, limited to 1) shuttle bus stop facilities and 2) park and ride parking
facilities.
C. Continuing care retirement community, assisted living facility or similar institution, with a number of
beds and/or units greater than 300. For definition of use, see § 210-164 and for parking requirement, see § 210-169A.
§ 210-186. Dimensional requirements. The following dimensional requirements shall apply:
A. Minimum development site area: five acres. The five acres may be comprised of individual lots of less than five acres which, when combined, will be considered to be one development site. Once the
lots are combined to constitute a development site, there shall be no further subdivision of the site which would result in a development site of less than five acres.
B. Minimum lot frontage for the development site on a public way: 50 feet.
C. Minimum lot frontage within the development site: none, provided that the interior roads, which must
provide adequate access for all buildings on the development site, shall not become public ways and are to be considered private access roads. Fifty feet of frontage is required for each lot if the roads are
intended to be considered public ways. D. Minimum lot area for individual lots within the development site: none.
E. Setback from development site property lines:
(1) Minimum setbacks of buildings and parking areas from development site property lines: (a) Fifty (50) feet from the property line of a Business, Downtown Business, Rural Business,
Industrial A or Industrial B zoning district; one hundred (100) feet from the property line of all other zoning districts.
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(b) Sixty (60) feet from the street line.
(2) The minimum setback area shall be landscaped and/or wooded so as to provide adequate year-
round screening of the use from abutting property and streets. The minimum setback area shall
remain undisturbed or, if previously disturbed, shall be planted and/or landscaped.
F. Minimum setbacks of buildings from development site interior property lines and private access roads: none.
G. Maximum building size: Total gross floor area of all buildings shall not exceed 60% of the total development site area.
H. Maximum building height: No building or structure shall exceed 45 feet and shall not exceed three stories in height.
I. A minimum of 40% of the development site shall remain undeveloped Open Land.
J. Multiple buildings and uses shall be permitted on a single lot.
§ 210-187. Open land.
A. Adequate pedestrian access shall be provided to the Open Land. The Open Land may remain as part
of the overall development site and need not be a separate parcel, but there shall be deed restrictions stating that there shall be no further development of the Open Land. The Open Land may consist of a
separate parcel and may be conveyed to a nonprofit organization, the purpose of which is the preservation of open space. If the Open Land is conveyed to another entity, it shall continue to be part of the development site for the purpose of calculating dimensional requirements.
B. The Open Land shall consist primarily of undisturbed land which may be used for outdoor active or passive recreational purposes and shall be planned as large, contiguous units wherever possible. If
privately owned, the Open Land may be used solely by occupants of the development site or may be available for use by the general public. The decision as to whether to permit the general public to use the Open Land shall be that of the property owner or as provided for in the deed restriction. The
Open Land may be comprised of more than one parcel, provided that the size, shape and location of such parcels are suitable for the above purposes.
C. Setback areas from exterior development site property lines of 100 feet or more may be counted as part of the Open Land as long as such setback area is part of the deed restricted area referred to in this
section.
D. If stormwater management facilities are necessary for the construction of the buildings on the
development site, such facilities shall not be located within the required setback areas, unless specifically permitted by the site plan approval. Such stormwater management facilities shall be designed to appear as natural landforms.
E. Areas set aside for planned or reserve parking spaces or fire lanes may not be considered to be Open
Land.
§ 210-188. Design Principles.
A. Curb cuts on streets shall be minimized, and to the greatest extent possible, buildings shall be located away from public ways and surrounding residential uses.
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B. Buildings, roadways and parking lots shall be designed to accommodate the landscape and natural site
features, and disturbance to the site shall be minimized so that as many trees and natural features are retained as possible.
C. Outdoor lighting fixtures shall be shielded and directed to prevent illumination from falling onto adjacent lots and streets.
D. Interior roadways shall remain private and shall not become public ways. The design of interior roadways shall conform to the Design Standards of the Rules and Regulations Relating to the
Subdivision of Land, with the exception that the Planning Board may waive such Standards if desirable. Utilities shall be underground.
§ 210-189. Planned Development. The Site Plans submitted pursuant to Article XX, Site Plan Review, shall show the planned design, use
and lighting of the entire development site, and proposed Design Guidelines. If development will be phased over time, a phasing plan shall be submitted.
§ 210-190. Signs
Signs shall conform to the regulations applicable in the Professional Office (P) District.
Passed by: 2/3 Voice Vote Declared by Moderator (05-04-2009) ARTICLE 24. Voted: that the Town amend the Zoning Map and the Zoning Bylaws of the Town of Hopkinton precisely as set forth in Article 24 of the Annual Town Meeting Warrant.
1. Amend the Zoning Map by establishing the Hotel Overlay District on the following Assessors Map parcels: Map R23 Block 10 Lot 0, Map R23 Block 9 Lot 0, Map R29 Block 5 Lot 0, Map R23 Block
57 Lot 0, Map R23 Block 55 Lot A, Map R23 Block 55 Lot C, Map R23 Block 99 Lot A, Map R23
Block 99 Lot 0, Map R23 Block 72 Lot 0, Map R23 Block 70 Lot 0, Map R23 Block 69 Lot 0, Map R23 Block 68 Lot A, Map R23 Block 68 Lot 0, Map R23 Block 68 Lot B, Map R23 Block 67 Lot 0,
Map R23 Block 67 Lot A, Map R23, Block 67 Lot C, Map R23 Block 67 Lot D, Map R23 Block 101 Lot 0 and the portion of Map R23 Block 11 Lot 0 which is within 500 feet of the right of way of Interstate Route 495;
2. Amend Article I, General Provisions, § 210-4, Definitions, by inserting in alphabetical order a new definition of Hotel or Inn, as follows:
HOTEL OR INN – An establishment providing rooms for transient lodging accommodations where there is a central lobby and primary entrances to guest rooms off an interior corridor.
3. Insert in Article I, § 210-1, Zoning Districts, A, HOD Hotel Overlay District;
4. Adopt a new Article XXIX, Hotel Overlay District, as follows:
ARTICLE XXIX
Hotel Overlay District
§ 210-191. Purpose.
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The purpose of the Hotel Overlay District (HOD) is to provide for hotel uses in select locations within
Hopkinton, based on proximity to infrastructure and appropriateness of the site. The District is intended
to ensure that good site planning and design is an integral component of such uses, and will accommodate a site’s physical characteristics. The intent is to permit hotels within the geographic area delineated on
the Zoning Map in the manner described herein, as additional uses permitted in those areas.
§ 210-192. Applicability.
A. The HOD is an overlay district superimposed on the zoning districts established by the Hopkinton Zoning Bylaws. Within the HOD, the uses listed in this Article may be permitted in the manner
described, in addition to the uses permitted in the underlying zoning districts. B. When a portion of a lot is in the HOD, only the portion of the lot in the HOD shall be governed by
this Article. C. All regulations and restrictions contained within the underlying zoning district shall remain in effect.
The purpose of this Article is to allow up to two hotels by special permit in specific geographic areas only.
§ 210-193. Use Regulations.
Within the HOD, the following uses may be authorized upon the issuance of a special permit:
A. Hotels and Inns, provided that such facilities include: 1) a minimum of 8,000 sq. ft. of function and/or
meeting room space; 2) full service restaurant; and 3) health club facilities. Such facilities may be located either within the building or on the same lot.
B. Accessory uses to hotels which may not be a use by right in the underlying zoning district, or which are not included in Section A above.
§ 210-194. Special Permits. A. The special permit granting authority shall be the Planning Board.
B. Special Permit Criteria. No special permit shall be granted unless the Planning Board finds that:
A. The proposed use is in harmony with the general purpose and intent of this Article.
B. The proposed use complies with the provisions of this Article.
C. The major intersections and roadways providing access to the use will operate at an acceptable
level of service based on the anticipated impact of vehicular traffic. D. There will be adequate methods for the disposal of sewage and refuse, provision of utilities, and
water supply.
E. The design of the site and the architecture of the buildings will be compatible with surrounding
structures and landscape features. C. In reviewing any application for such special permit, the Planning Board shall give due consideration
to promoting the public health, safety, convenience and welfare; and shall not permit a use that is injurious, noxious, offensive or detrimental to its neighborhood or sensitive environmental resources.
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D. The Planning Board shall deny an application for special permit if the number of hotels within the
HOD would exceed one on the east side of Rt. 495 and one on the west side of Rt. 495, even if the application would meet the Special Permit Criteria.
E. Any such special permit shall be subject to such conditions and safeguards as the Planning Board may prescribe.
Passed by: 2/3 Voice Vote Declared by Moderator (05-04-2009) ARTICLE 25. Voted: that the Town amend the Zoning Bylaws of the Town of Hopkinton precisely as set forth in Article 25 of the Annual Town Meeting Warrant.
Article 1, General Provisions
§ 210-1, Zoning Districts, subsection A.: 1. Delete W Wetland
2. Insert OSMUD Open Space Mixed Use Development Overlay District
§ 210-1, Zoning Districts, subsection B: 1. Delete the first sentence in its entirety and replace with the following sentence:
The Floodplain District and Water Resources Protection Overlay District overlie all other
districts, and are shown on maps as referenced in this Chapter.
§ 210-4, Definitions:
1. In the definition of Land Use Regulations, delete “Articles II through XII of” in the first
sentence.
2. In the definition of Single-Family Dwelling, delete “as defined by the State Building Code” in the first sentence.
Article II, Residence A (RA) District
§ 210-5, Size and Setback Requirements, subsection C: Delete “do” and insert “did” in the first
sentence.
§ 210-6, Permitted Uses:
1. Subsection B, delete “Churches and other places of worship, parish houses and Sunday school
buildings” and insert therefor “Places of worship and other religious uses”.
2. Subsection E, delete “a dwelling occupied as a private residence” and insert therefor “an
owner-occupied single family dwelling”.
3. Delete subsection J in its entirety and insert a new subsection J as follows: Agriculture,
horticulture, floriculture or viticulture on any lot of 5 acres or more. Agriculture, horticulture, floriculture or viticulture on a lot of less than 5 acres, provided that: a) the sale of products or
plants is confined primarily to those raised on the premises, b) the use is not noxious, injurious or
offensive to the neighborhood, and c) farm animals are kept in an enclosure or building 50 feet or
more from any street line and 30 feet or more from any side lot line.
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4. Delete subsection L in its entirety and insert a new subsection L as follows: Accessory uses.
§ 210-7, Uses allowed by special permit, first sentence: Delete “In addition to the foregoing permitted uses, the” and insert therefor “The”.
Article III, Residence B (RB) District
§ 210-10, Uses allowed by special permit, first sentence: Delete “In addition to the foregoing
permitted uses, the” and insert therefor “The”.
Article IV, Residence Lake Front (RLF) District
§ 210-12, Permitted uses, subsection B: Delete the following “All uses in the manner permitted
in an RB District as set forth in §§ 210-9 and 210-10 above, with the exception of § 210-C and
D” and insert therefor “All uses permitted in a RB District as set forth in § 210-9.”
§ 210-13, Uses allowed by special permit
1. In the first sentence, delete “In addition to the foregoing permitted uses, the” and insert
therefor “The”.
2. Insert a new subsection E as follows: Uses allowed by special permit in § 210-10, with the
exception of § 210-10C and D.
Article V, Agricultural District
§ 210-15, Permitted Uses: 1. Subsection B, first sentence: a) Delete “above” and b) delete “§ 210-D” and insert therefor “§
210-10C and D”.
2. Subsection C: Delete “Any use in the manner permitted in an RLF District as set forth in §§
210-12 and 210-13 above” and insert therefor “Any use permitted in an RLF District as set forth in § 210-12.”
3. Subsection D: Delete “Farms of all kinds, except fur farms” and insert therefor “Agriculture,
horticulture, floriculture or viticulture.”
4. Subsection F: Delete “customarily incident to any use permitted herein”.
§ 210-16, Uses allowed by special permit: Insert a new subsection D as follows “Uses allowed
by special permit in § 210-13.”
Article VI, Business (B) District
§ 210-19, Uses allowed by special permit, first sentence: Delete “In addition to the foregoing
permitted uses, the” and insert therefor “The”.
Article VIA, Downtown Business (BD) District § 210-20.3, Uses allowed by special permit, first sentence: Delete “In addition to the foregoing
permitted uses, the” and insert therefor “The”.
Article VII, Rural Business (BR) District
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§ 210-22, Dimensional Requirements, subsection F: Delete “or” and insert therefor “except that
the rear yard depth shall be”.
§ 210-23, Permitted uses, subsection G: Delete “customarily incident to any use permitted herein”.
§ 210-24, Uses allowed by special permit, first sentence: Delete “In addition to the foregoing
permitted uses, the” and insert therefor “The”.
§ 210-25, Site plan submittal: Delete in its entirety.
§ 210-26, Design requirements:
1. Subsection A: Delete “I” and insert therefor “IA”.
2. Subsection B: Delete “I” and insert therefor “IA”. 3. Subsection C: Delete “I” and insert therefor “IA”.
Article IX, Professional Office District
§ 210-40, Uses allowed by special permit, first sentence: Delete “Zoning Board of Appeals” and
insert therefor “Board of Appeals”.
Article X, Floodplain District
§ 210-52, Permitted uses, subsection A: Delete “Agriculture use, such as farming, grazing, truck
farming and horticulture” and insert therefor “Agricultural uses”.
Article XII, Water Resources Protection Overlay District
§ 210-71, Special Permits, subsection A: Delete “Zoning Board of Appeals” and insert therefor
“Board of Appeals”.
Article XIII, Garden Apartments in Residential Districts § 210-74, Use regulations and dimensional requirements, subsection B(4): Insert the following
new sentence at the beginning of the subsection “Garden apartment units may contain one or two
bedrooms.”
§ 210-75, Administration: 1. Subsection (1)(b): Delete “Design review fees” and insert therefor “Consultant review fees”.
2. Subsection (2)(e)[2]: Delete “guaranty” in the first sentence, and insert therefor “guarantee”.
Article XIIIA, Village Housing in Residential Districts § 210-75.2, Definitions: Delete the definition of Affordable Housing Unit in its entirety.
§ 210-75.4, Administration, subsection A(1)(b): Delete “Design review fees” and insert therefor
“Consultant review fees”.
Article XIV, Campus Style Development (CSD) District
§ 210-77, Applicability: Delete “and” between “Rural Business” and “Industrial A”, and insert
therefor a comma.
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Article XVIA, Senior Housing Development
§ 210-105.3. Use regulations and dimensional requirements, subsection B(4): Insert a new
sentence “Senior housing development units may contain one or two bedrooms” at the beginning
of this subsection.
§ 210-105.4, Administration, subsection A(2)(e)[2]: Delete “guaranty” in the first sentence, and
insert therefor “guarantee”.
Article XVII, Open Space and Landscape Preservation Development § 210-113.C(1): Delete “or I” and insert a comma and “IA or IB” following “a B, BR” in the last
sentence.
§ 210-115, Application and Review Process, subsection A(2), Concept Plan: Delete “Article IV,
Section A-2” in the last sentence, and insert therefor “Section 5.2”.
Article XVIII, Supplementary Regulations
§ 210-117, Minimum lot frontage and area, subsection C: Delete the last sentence.
§ 210-125, Conversions of residential property: Delete “families or” and insert therefor “dwelling” in the first sentence.
§ 210-126, Accessory family dwelling unit: Delete “Zoning Board of Appeals” and insert
therefor “Board of Appeals” in subsections B, C, F and I.
§ 210-126.2, Duplexes: Delete “Zoning Board of Appeals” and insert therefor “Board of
Appeals” in subsections B(1), B(2), H, I(2), K, L, N and P(1).
Article XXII, Appeals
§ 210-146, Board of Appeals: 1. Subsection B: Insert “of Appeals” following “Board” in the first sentence.
2. Subsection E: Delete “in his absence” and insert therefor “in the absence of the Chairman” in
the last sentence.
§ 210-147, Filing of appeals and repetitive applications: Delete the comma after “§ 8” in the first sentence.
§ 210-150, Voting: Insert “of Appeals” following “Board” in the first sentence.
§ 210-151, Decisions: Insert “of Appeals” following “Board” in subsections B, C and D.
§ 210-152, Standards, B. Variances, subsection (2): Insert “or the hardship is unrelated to the
premises for which the variance is sought” at the end of the second sentence.
Passed by: Voice Vote Unanimous (05-04-209)
ARTICLE 26. Voted: that the Town amend the Zoning Bylaws of the Town of Hopkinton,
Article XVIII, Supplementary Regulations, by adopting a new § 210-120, Common Driveways, precisely as set forth in Article 26 of the Annual Town Meeting Warrant.
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§ 210-120. Common Driveways
A. Purpose
The purpose of this Section is to promote public safety, provide for adequate sight distance, avoid site disturbance, minimize the alteration of topographical characteristics and natural resource areas, which
include wetlands and historic resources, minimize stormwater runoff and retain a rural residential character. It is not the intent to make undevelopable land developable.
B. Applicability With the exception of common driveways within Open Space and Landscape Preservation Development
subdivisions (Article XVII), construction of common driveways shall require a special permit from the Planning Board. The term common driveway shall mean a single private way providing vehicular access to 2 single family dwellings (the “benefitted parcels”).
Common driveways must be privately owned and maintained, shall not be considered streets or public
ways, and shall not constitute a part of the designated or legal frontage for any lot.
C. Design Requirements
All common driveways must comply with the following design requirements:
(1) A common driveway must extend from the benefitted parcels to a public or private street right of way. A common driveway, as well as the individual driveways beyond the common portion of the driveway, must be located entirely within the benefitted parcels. A common driveway must
intersect the street right of way within the legal frontage of one of the benefitted parcels. (2) The benefitted parcels must have permanent access to the common driveway by easements
recorded in the South Middlesex Registry of Deeds. (3) The deeds to the benefitted parcels shall require that the owners thereof must establish a
maintenance association, the purpose of which is to provide for the maintenance and repair of the common driveway, or otherwise adequately provide for the maintenance and repair of the
common driveway. The term “maintenance” shall include, but not be limited to, snow plowing,
maintaining design specifications, and repair and maintenance of surfaces and stormwater management facilities. All property contiguous to the common driveway must be a part of the
benefitted parcels which must be included within the maintenance association. The easement
containing the common driveway shall be a minimum of 20 feet in width.
(4) Minimum Construction Standards. (a) The radius of the common driveway intersection with the street right of way must be
sufficient to enable emergency vehicles to exit and enter the common driveway without leaving the surface of the common driveway. Common driveways shall accommodate the
Single-Unit Truck (SU-30) vehicle turning radius at all curve radii, in accordance with the
January, 2006 MassHighway Project Development and Design Guide. (b) A minimum depth of 8 inches of gravel must be installed the full width of the entire common
driveway traveled way.
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(c) The maximum grade of the common driveway shall be no greater than 5% within 40 feet of
the street right of way. The maximum grade of a common driveway for its full length beyond
the initial 40 feet is 15%.
(5) House numbers of sufficient visibility shall be provided at the entry point onto the street right of
way and at each individual driveway along the common driveway, so that emergency vehicles can locate each dwelling.
(6) Adequate sight line distance must be provided for vehicles exiting the common driveway.
(7) The minimum width of the traveled way of a common driveway must be no less than 12 feet. (8) Passing turnouts shall be provided which provide a total width of at least 18 feet for a distance of
25 feet, where needed for safe site lines of passage. (9) Provisions to permit the turn around of a SU-30 vehicle shall be provided at the terminus of all
common driveways longer than 500 feet.
D. Administration
(1) A special permit is required from the Planning Board to construct a common driveway. A record
owner desiring to construct a common driveway shall file with the Planning Board an application,
together with such plans, drawings, specifications, fees and additional information as required by the Planning Board.
(2) The Planning Board shall conduct its review, hold a public hearing and file its decision with the Town Clerk as required by MGL c.40A § 9.
(3) An Applicant must provide documentation and plans which are sufficient, in the opinion of the Planning Board, for it to determine that the requirements, provisions and Approval Criteria of this
Section are met. Such documentation shall include, but shall not be limited to, information on impacts to the environment, public safety, scenic roads and scenic views, and lot development.
(4) Approval Criteria. Before the Planning Board may issue the special permit, it shall determine each of the following:
(a) The common driveway will provide safe and reasonable access for fire, police and emergency vehicles.
(b) The common driveway meets the purpose and requirements of this Section.
(c) The common driveway will minimize the environmental impacts. (d) The common driveway will not serve more than two single family dwellings.
(5) The Planning Board may approve the special permit with conditions, which may include, but
shall not be limited to: a) a performance bond, secured by deposit of money or negotiable
securities, is posted with the Town to guarantee proper construction; and b) construction standards for the common driveway.
Passed by: Voice Vote Unanimous (05-04-209)
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ARTICLE 27. Voted: that no action be taken on Article 27.
Passed by: Voice Vote Unanimous (05-04-209) ARTICLE 28. Voted: that the Town amend the Zoning Map of the Town of Hopkinton by
rezoning from Residential A and Agricultural to Industrial B, the land off Cedar Street described on Exhibit A on file with the Town Clerk, having an address of 0 Cedar Street, and being comprised of the
following Assessor’s Parcels: U11-26-B and portions or U11-30-0, U12-1-A and U12-2-A. Exhibit “A” Legal Description
Lot 1 Commencing at an iron pipe found on the easterly sideline of Cedar Street, in the Town of Hopkinton, MA; Thence S09º02'43"E, sixty eight and 71/100 feet (68.71') to a point to the POINT OF BEGINNING; said
point also the beginning of a curve to the left having a radius of thirty feet(30.00'), a central angle of 90º00'00", a chord distance of forty two and 43/100 feet (42.43') and a chord bearing of S54º02'43"E; thence southeasterly along the arc a distance of forty seven and 12/100 feet(47.12') to a point; thence,
Along the land now or formerly of the Town of Hopkinton the following eight courses;
N80º57'17"E, fifty nine and 66/100 feet(59.66') to a point; thence,
Along a curve to the right, having a radius of three hundred eight feet (380.00') and a length of two hundred twenty two and 18/100 feet (222.18');
S65º32'43"E, twenty nine and 3/100 feet (29.03') to a point; thence
Along a curve to the left, having a radius of two hundred sixty feet (260.00') and a length of ninety three and 5/100 feet (93.05'); thence,
Continuing along said curve, a distance of twenty one and 19/100 feet (21.19') to a point; N89º16'47"E, eighteen and 97/100 feet (18.97') to a point; N72º37'41"E, one hundred eleven and 71/100 feet (111.71') to a point;
N16º57'06"W, three hundred sixty one and 20/100 feet (361.20') to a point; thence,
Along the land now or formerly of the Department of Conservation and Recreation the following two
courses; N64º14'17"E, one hundred twenty three and 40/100 feet (123.40') to a point; N22º59'13"W, four hundred seventy five and 84/100 feet (475.84') to a point; thence,
Along the land now or formerly of Wood Realty Trust the following two courses;
N80º35'17"E, seven hundred eighty nine and 47/100 feet (789.47') to a point;
N82º42'49"E, fifty eight and 83/100 feet (58.83') to a point; thence,
Along the land now or formerly of Barry R. Smith the following course;
N82º41'28"E, forty three and 51/100 feet (43.51') to an iron rod found; thence,
Along the land now or formerly of the Roman Catholic Archdiocese Cemetery the following course; S08º31'40"E, sixty one and 36/100 feet (61.36') to a point; thence,
Along Lot 2 the following seven courses; S30º32'09"W, four hundred twenty five and 29/100 feet (425.29') to a point;
S19º36'38"E, two hundred eighty and 25/100 feet (280.25') to a point
S71º39'43"W, one hundred seventy nine and 88/100 feet (179.88') to a point; N69º47'33"W, eighty nine and 55/100 feet (89.55') to a point; S27º15'39"W, two hundred ninety two and 89/100 feet (292.89') to a point;
S26º08'54"W, two hundred forty six and 71/100 feet (246.71') to a point; S31º32'12"W, one hundred ninety one and 66/100 feet (191.66') to an iron rod found; thence,
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Along the land now or formerly of John E. Cahill the following course;
thence N21º35'35"W, three hundred ten and 74/100 feet (310.74') to an iron pipe; thence,
Along the land now or formerly of the Town of Hopkinton the following five courses;
Along a non tangent curve to the right, having a radius of three hundred twenty feet (320.00'), length of one hundred forty and 60/100 feet (140.60'), a chord bearing of N78º07'56"W and a length of one hundred
thirty nine and 47/100 feet (139.47') to a point; N65º32'43"W, twenty nine and 3/100 feet (29.03') to a point; thence, Along a curve to the left, having a radius of three hundred twenty feet (320.00') and a length of one
hundred eighty seven and 9/100 feet (187.10'); S80º57'17"W, fifty nine and 66/100 feet (59.66') to a point; thence, Along a curve to the left, having a radius of thirty feet (30.00') and a length of forty seven and 12/100 feet
(47.12'); thence, Along the easterly sideline of Cedar Street the following course;
N09º02'43"W, one hundred twenty feet (120.00') to a point to the POINT OF BEGINNING.
Said parcel containing 609,927 square feet, or 14.00 acres, more or less, End of Description.
Planning Board Recommended Article 28
Passed by: 2/3 Vote Declared by Moderator (05-04-2009) ARTICLE 29. Voted: that the Town, pursuant to Chapter 82 of the General Laws, accept the
report of the Board of Selectmen and to accept the following streets as and for public ways:
Street From To
Sadie Lane Smith Road Bowker Road Bowker Road Connelly Hill Road Dead end Overlook Rd. Cedar Street Extension Greenwood Road
Summit Way Overlook Road Dead end
and further to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain any land
or interest in land necessary for such laying out, and to act on all matters relating thereto.
Planning Board and Capital Improvements Committee recommended Article 29
Passed by: Voice Vote Unanimous (05-04-2009) ARTICLE 30. Voted: that the Town to accept, for all boards, committees or commissions
holding adjudicatory hearings in the Town, the provisions of Chapter 39, Section 23D, of the General Laws.
Passed by: Voice Vote Unanimous (05-04-2009)
ARTICLE 31. Voted. that the Town accept the provisions of Chapter 64G, Section 3A, of the
General Laws, and set the room occupancy excise tax at a rate of four-percent.
Passed by: Voice Vote (05-04-2009)
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ARTICLE 32. Voted: that no action be taken on Article 32.
Passed by: Voice Vote Unanimous (05-04-2009) ARTICLE 33. Voted: that the Town amend Chapter 78, Section 78-2(D) of the General Bylaws
of the Town of Hopkinton, by deleting the words “M.G.L. c.48” therein and replacing them with the words “M.G.L. c.148.”
Passed by: Voice Vote Unanimous (05-04-2009)
ARTICLE 34. Voted: that the Town authorize the Board of Health and or the Board of Selectmen to take such action as may be necessary to maintain the Town’s membership or affiliation with the Central Massachusetts Mosquito Control Project.
Passed by: Voice Vote Unanimous (05-04-2009)
ARTICLE 35. Voted: that the Town accept the report of the Community Preservation Committee for the 2010 Community Preservation Budget and that the Town reserve from Community
Preservation Fund annual revenues the amounts recommended by the Community Preservation
Committee for administrative expenses, community preservation projects and other expenses, totaling $890,100, with each item to be considered a separate reservation.
Reserved for Administration $ 40,000 Reserved for Open Space $ 85,010
Reserved for Passive Recreation $ 425,050 Reserved for Community Housing $ 85,010 Reserved for Historic Resources $ 85,010
Reserved for Discretionary $ 170,020 TOTAL $ 890,100.
Appropriation Committee recommended Article 35.
Passed by: Voice Vote (05-04-2009)
ARTICLE 36. Voted: that the Town accept the report and recommendation of the Community Preservation Committee on the Fiscal Year 2010 Community Preservation Budget and to appropriate
from Community Preservation Fund Annual Revenues $10,000 for the historical preservation and restoration of Town records; said sum to be spent under the direction of the Community Preservation
Committee and the Town Clerk.
Appropriation Committee recommended Article 36.
Passed by: Voice Vote Unanimous (05-04-2009) ARTICLE 37. Voted: : that the Town accept the report and recommendation of the Community
Preservation Committee on the Fiscal Year 2010 Community Preservation Budget and to appropriate from Community Preservation Fund Annual Revenues $20,000 for the acquisition and construction of
signage for historic structures and historic districts within the Town; and further to authorize the Board of
Selectmen, Community Preservation Committee, Historical Commission or Officer as shall have authority to take such action to execute any and all documents as may be necessary or appropriate to carry
out the purposes of this article; said sum to be spent under the direction of the Community Preservation
Committee and Historical Commission.
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Appropriation Committee did not recommend Article 37.
Passed by: Yes 54 No 29 (05-04-2009)
Motion was made and seconded for a quorum vote. A quorum of 104 was counted. ARTICLE 38. Voted: that the Town accept the report and recommendation of the Community Preservation Committee on the Fiscal Year 2010 Community Preservation Budget and to appropriate from Community Preservation Fund Annual Revenues $55,000 for the construction and restoration of the
Hopkinton Cultural Arts Association building to comply with requirements of the Americans with Disabilities Act; and further to authorize the Board of Selectmen, Community Preservation Committee or other Officer as shall have authority to take such action to execute any and all documents as may be
necessary or appropriate to carry out the purposes of this article; said sum to be spent under the direction of the Community Preservation Committee and the Town Manager.
Appropriation Committee and Capital Improvements Committee recommended Article 38.
Passed by: Voice Vote Unanimous (05-04-2009) ARTICLE 39. Voted: that the Town authorize the Board of Selectmen to lease, for not more than twenty years, upon such terms and conditions as the Board of Selectmen determines to be in the best
interest of the Town, portions of the roofs of Town-owned buildings known as the Fire Station, the Police Station, the Middle School and the High School and located within the Town at 73 Main Street, 74 Main Street, 88 Hayden Rowe and 90 Hayden Rowe, respectively, to a solar energy services company that will
install and be responsible for the care and operation of a photovoltaic power system in order to generate
energy and sell energy back to the Town at a cost savings to the Town.
Capital Improvements Committee recommended Article 39. Passed by: Voice Vote Unanimous (05-04-2009)
ARTICLE 40. Voted: that no action be taken on Article 40.
Passed by: Voice Vote Unanimous (05-04-2009 ARTICLE 41. Voted: that the Town transfer $70,000 from the sale of cemetery lots and graves
account for the construction of drainage improvements to the Mt. Auburn Cemetery; said sum to be used in conjunction with any federal and state grants, aid, loans or other funding that may be available for the
purposes of this Article, and said sum to be spent under the direction of the Cemetery Commissioners and
the Director of the Department of Public Works; and further to authorize the Cemetery Commissioners and the Director of the Department of Public Works to apply for, accept and expend any and all state,
federal or other funding that may be available for the purposes of this Article; and further to authorize the
Cemetery Commissioners and the Director of the Department of Public Works to take all other action and to execute any and all documents necessary or appropriate to carry out the purposes of this article.
Capital Improvements Committee recommended Article 41.
Passed by: Voice Vote Unanimous (05-04-2009) ARTICLE 42. Voted: that the Town transfer $125,310.64 from the Fund Balance Reserved for
Capital and $20,519.36 from the following funds:
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Article 53 of the May 1995 Annual Town Meeting $ 1,592.62
Article 27 of the May 1996 Annual Town Meeting $ 2,758.66 Article 15 of the May 2003 Annual Town Meeting $ 239.00
Article 23 of the May 2005 Annual Town Meeting $ 3,627.76
Article 21 of the May 2004 Annual Town Meeting $ 10,745.00 Article 22 of the May 2004 Annual Town Meeting $ 34.00
Article 19 of the May 2006 Annual Town Meeting $ 412.70 Article 8 of the November 2007 Special Town Meeting $ 1,109.62;
for a total of $145,830 for the repair, maintenance, renovation or improvement of municipal and school buildings and grounds to comply with the Americans with Disabilities Act of 1990, said sum to be spent under the direction of the Town Facilities Director.
Capital Improvements Committee recommended Article 42.
Passed by: Voice Vote Unanimous (05-04-2009) ARTICLE 43. Voted: that the Town authorize the Board of Selectmen to grant to Bruce E.
Garner of 28 Fruit Street and Gary R. Garner of 26 Fruit Street, the perpetual right and easement to pass and repass, by foot and vehicle, over a portion of Town-owned land containing approximately 41,626±
square feet and shown as the “Proposed Access Easement” on a Plan entitled, “Easement Plan of Land in
Hopkinton, Massachusetts, prepared for Garner Bros., Scale: 1" = 40', Date: February 19, 2009 (revised through 4/22/09), prepared by J.D. Marquedant & Associates, Inc., Land Surveying” on file with the
Town Clerk; said easement to be subject to such terms and conditions as the Board of Selectmen deem to be in the Town’s best interest. Land description as follows: Access Easement for Gary R. Garner & Bruce E. Garner across land n/f Town of Hopkinton. Beginning at a point on the Easterly sideline of Fruit Street at the Northwest corner of said
easement, 483.31 feet Northwesterly of land n/f Bruce Garner as shown on a plan to be recorded herewith, thence N63-55-35E a distance of 67.95 feet to a point, thence
N47-05-50E a distance of 171.32 feet to a point, thence N52-29-19E a distance of 32.85 feet to a point, thence
N65-34-33E a distance of 72.50 feet to a point, thence
N71-27-53E a distance of 143.24 feet to a point, thence N68-27-36E a distance of 111.72 feet to a point, thence
S40-11-35E a distance of 172.08 feet to a point, thence
S37-42-23E a distance of 44.53 feet to a point, thence S29-22-51E a distance of 50.68 feet to a point, thence
S21-16-44E a distance of 110.88 feet to a point, thence S30-17-10E a distance of 50.98 feet to a point, thence S41-50-11E a distance of 40.12 feet to a point, thence
S63-38-14E a distance of 46.12 feet to a point, thence S79-53-01E a distance of 30.48 feet to a point, thence S88-24-25E a distance of 125.67 feet to a point, thence
S78-52-07E a distance of 178.74 feet to a point, thence S76-38-38E a distance of 102.65 feet to the Northeast corner of said easement the last 17 courses by land n/f Town of Hopkinton, thence
S30-05-18W a distance of 21.54 feet by land n/f Bruce Garner to the Southeast corner of said easement, thence
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N77-10-29W a distance of 99.54 feet to a point, thence
N79-16-30W a distance of 160.71 feet to a point, thence
N83-40-21W a distance of 49.52 feet to a point, thence S87-10-17W a distance of 54.10 feet to a point, thence
N87-56-36W a distance of 43.89 feet to a point, thence
N70-38-07W a distance of 41.80 feet to a point, thence N61-12-33W a distance of 39.67 feet to a point, thence
N42-05-41W a distance of 52.90 feet to a point, thence N32-54-02W a distance of 49.76 feet to a point, thence N25-00-10W a distance of 100.82 feet to a point, thence
N20-19-25W a distance of 31.99 feet to a point, thence N28-30-25W a distance of 32.94 feet to a point, thence N35-52-51W a distance of 57.25 feet to a point, thence
N40-50-19W a distance of 60.13 feet to a point, thence N55-38-30W a distance of 47.35 feet to a point, thence N88-08-10W a distance of 45.98 feet to a point, thence
S71-30-39W a distance of 211.58 feet to a point, thence S61-31-02W a distance of 57.23 feet to a point, thence
S48-18-53W a distance of 185.68 feet to a point, thence
S43-36-08W a distance of 65.06 feet to a point, thence S07-55-57E a distance of 13.40 feet to the Southwest corner of said easement @Fruit Street, the
last twenty-one courses by land n/f Town of Hopkinton, thence
N37-04-40W a distance of 61.06 feet by Fruit Street, to a point of beginning.
Said easement contains 41,626 s.f. and is more particularly shown on an Easement Plan of Land, prepared for Gary R. Garner and Bruce E. Garner dated February 19, 2009 , revised April 22, 2009.
Passed by: 2/3 Voice Vote Declared by Moderator (05-04-2009) 11:00 P.M. the meeting was adjourned until the conclusion of the May 6, 2009 Special Town
Meeting. 7:45 P. M. The Annual Town Meeting reconvened Wednesday, May 6, 2009. A quorum was
present. ARTICLE 44. Voted: that the Town appropriate $46,799 for the purchase of one four-wheel-
drive vehicle with utility body, plow and all related accessories and equipment for the Highway Division of the Department of Public Works, said sum to be spent under the direction of the Director of the
Department of Public Works; and that, to meet this appropriation, the Treasurer, with the approval of the
Board of Selectmen, shall be authorized to borrow said sum pursuant to Chapter 44, Section 7(9) of the General Laws or any other applicable statute; and further to authorize the disposal of one 2000 F-350
Ford vehicle with utility body, presently being used by the Department, by trade-in, sale or otherwise. Capital Improvements Committee recommended Article 44. Passed by: Voice Vote Unanimous (05-06-2009)
ARTICLE 45. Voted: that the Town appropriate $225,000.00 for the painting and rehabilitation of the West Main Street storage water storage tank and all related equipment and accessories, said sum to be spent under the direction of the Director of the Department of Public Works; and that, to meet this
appropriation, the Treasurer, with the approval of the Board of Selectmen, shall be authorized to borrow said sum pursuant to Chapter 44, Section 7(3A) of the General Laws or any other applicable statute;
57
provided, however, that the appropriated amount and the amounts required to pay the principal and
interest on the notes authorized by this vote shall be paid in full from the revenues received by the Water
Department during the fiscal year beginning July 1, 2009.
Capital Improvements Committee recommended Article 45.
Passed by: Voice Vote Unanimous (05-06-2009) ARTICLE 46. Voted: that the Town appropriate $181,691 for the purchase of a six-wheel truck with plow and sander body, as well as necessary equipment and accessories, for the Highway Division of
the Department of Public Works, said sum to be spent under the direction of the Director of the Department of Public Works; and that, to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, shall be authorized to borrow said sum pursuant to Chapter 44, Section 7(9) of the
General Laws or any other applicable statute; and further to authorize the disposal of one 1999 International truck with plow and sander body, presently being used by the Department of Public Works, by trade-in, sale or otherwise.
Capital Improvements Committee recommended Article 46.
Passed by: 2/3 Voice Vote Declared by Moderator (05-06-2009) ARTICLE 47. Voted: that the Town appropriate $55,000 for the purpose of the installation,
maintenance, repair, upgrade and/or replacement of a drain and all related appurtenances to service the Spring Street/Wood Street area of the Town, to be located in the vicinity of 328 Wood Street, said sum to
be reduced by any federal or state grant, aid, loan or other funding that may be received for the purposes of this Article, and said sum to be spent under the direction of the Director of the Department of Public Works; and that, to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen,
shall be authorized to borrow said sum pursuant to Chapter 44, Section 7(1) of the General Laws or any other applicable statute; and further to authorize the Board of Selectmen to acquire, by gift, purchase, eminent domain or otherwise, such land, easement or other interest in land bounded and described on the
Existing Conditions Plan prepared for the Town of Hopkinton D.P.W. dated November 22, 2008, revised through February 11, 2009, on file with the Town Clerk.
Capital Improvements Committee recommended Article 47. Passed by: Voice Vote Unanimous (05-06-2009)
ARTICLE 48. Voted: that the Town raise and appropriate $2,320,000 for the rehabilitation of
the Wood/Main Street Pump Station and all related equipment and accessories, said sum to be spent under
the direction of the Director of the Department of Public Works; provided, however, that this appropriation shall not take effect until the Town obtains the required funds through an available state,
federal or other funding program; and provided further that the Director of the Department of Public Works shall be authorized to apply for, accept and expend any and all state, federal or other funding that may be available for the purposes of this Article.
Capital Improvements Committee recommended Article 48.
Passed by: Voice Vote Unanimous (05-06-2009) ARTICLE 49. Voted: that the Town raise and appropriate $2,000,000 for the remediation of
sewer inflow and infiltration said sum to be spent under the direction of the Director of the Department of Public Works, provided, however, that this appropriation shall not take effect until the Town obtains the
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required funds through an available state, federal or other funding program; and provided further that the
Director of the Department of Public Works shall be authorized to apply for, accept and expend any and
all state, federal or other funding that may be available for the purposes of this Article.
Capital Improvements Committee recommended Article 49.
Passed by: Voice Vote Unanimous (05-06-2009) ARTICLE 50. Voted: that the Town raise and appropriate $550,000 for the replacement of water main located on Main Street, said sum to be spent under the direction of the Director of the Department of
Public Works, provided, however, that this appropriation shall not take effect until the Town obtains the required funds through an available state, federal or other funding program; and provided further that the Director of the Department of Public Works shall be authorized to apply for, accept and expend any and
all state, federal or other funding that may be available for the purposes of this Article. Capital Improvements Committee recommended Article 50.
Passed by: Voice Vote Unanimous (05-06-2009) ARTICLE 51. Voted: that the Town raise and appropriate $480,000 for repairs to the Lake Maspenock Dam said sum to be spent under the direction of the Director of the Department of Public
Works, provided, however, that this appropriation shall not take effect until the Town obtains the required
funds through an available state, federal or other funding program; and provided further that the Director of the Department of Public Works shall be authorized to apply for, accept and expend any and all state,
federal or other funding that may be available for the purposes of this Article. Capital Improvements Committee recommended Article 51. Passed by: Voice Vote Unanimous (05-06-2009)
8:15 P.M. Brian J. Herr, Chairman of the Board of Selectmen, made a motion that the Annual Town Meeting adjourn until the date of the Annual Town Election, May 18, 2009, and further that the Annual Town Meeting shall be dissolved upon the close of the polls on the date of
the Annual Town Election.
Passed by: Voice Vote Unanimous (05-06-2009)
The Annual Town Election was held May 18, 2009 in the Hopkinton Middle School Gymnasium. The polls were open from 7:00 A.M. to 8:00 P.M. A total of 2,276 ballots were cast.
The results of the voting are as follows: OFFICE NAME Precinct 1 Precinct 2 Precinct 3 Precinct 4 Total
SELECTMEN (2)
Blanks 204 191 164 180 739
Mary C. Pratt 249 274 247 285 1055
Todd A. Cestari 374 372 315 339 1400
Michelle A. Gates 363 362 316 300 1341
Write In 0 5 6 6 17
BOARD OF ASSESSORS (1)
Blanks 169 141 146 150 602
John H. Duffy, D.D.S. 424 455 377 404 1660
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Write In 2 6 1 1 14
BOARD OF HEALTH (1)
Blanks 142 152 146 136 576
Paul J. Wright, M.D. 451 447 373 414 1685
Write In 2 3 5 5 15
CEMETERY COMMISSIONER (1)
Blanks 177 169 157 161 663
Thomas F. Pratt 411 429 367 389 1596
Write In 7 4 0 5 17
COMMISSIONER OF TRUST FUND (1)
Blanks 157 171 163 138 623
Thomas J. Garabedian 437 427 359 416 1639
Write In 1 4 2 1 14
595 602 524 555 2276
HOUSING AUTHORITY (5 YRS) (1)
Blanks 177 172 172 163 679
Ruth M. Ziglear 417 426 351 389 1583
Write In 1 4 1 3 13
HOUSING AUTHORITY (2011) (1)
Blanks 180 184 178 180 720
Donna M. McGuire 414 416 346 373 1549
Write In 1 2 0 2 7
595 602 524 555 2276
HOUSING AUTHORITY (2010) (1)
Blanks 197 209 194 202 799
Della Miles 397 390 329 352 1468
Write In 1 3 1 1 9
COMM OF PARKS & REC (2)
Blanks 388 430 398 362 1574
Robert T. Dobinski 404 388 319 383 1494
Karl R. Morningstar 394 376 325 364 1459
Write In 4 10 6 1 25
MEMBER OF PLANNING BOARD (1)
Blank 174 187 166 161 683
Jaime N. Goncalves 420 412 358 393 1583
Write In 1 3 0 1 10
MEMBER OF PLANNING BOARD (2010) (1)
Blank 198 212 203 214 823
David M. Auslander 396 388 320 339 1443
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SCHOOL COMMITTEE (2)
Blank 398 430 390 402 1614
Jean B. Bertschmann 403 395 345 358 1501
Troy D. Mick 384 374 311 349 1418
60
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QUESTION 1
Shall not less than 50% of the annual revenues of the Community Preservation Fund be spent
or set aside for open space, including both passive and active recreational uses?
Blank 34 35 26 26 121
YES 343 347 316 319 1325
NO 218 220 182 210 830
A True Copy, ATTEST: _______________________________
Ann M. Click Town Clerk