SPECIAL TOWN MEETING
COMMONWEALTH OF MASSACHUSETTS
Norfolk, ss.
To either Constable of the Town of Sharon, Greeting:
In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of the Town of Sharon qualified to vote in elections and Town affairs to meet at the Arthur E. Collins Auditorium at the Sharon High School on Pond Street in said Sharon on Monday, the 14th of November 2005, at 7:00 P.M., and there to act on the following articles:
ARTICLE 1
To see if the Town will vote to raise and appropriate a sum of money for the remodeling, reconstruction and extraordinary repairs to the Community Center and for the purchase of additional departmental equipment for the Community Center; and to determine whether this appropriation shall be raised by borrowing or otherwise, and further to determine whether or not such appropriation shall take effect only if the Town votes at an election held in accordance with Massachusetts General Laws Chapter 59, section 21C to exempt any debt raised for these purposes from the provisions of Proposition 2 ½;
And further to authorize the Board of Selectmen to file pre-applications and applications, including but not limited to, applications for grants for the construction, remodeling, reconstruction and extraordinary repairs to the Community Center for uses, including without limitation, as a Senior Center; and to authorize the Board of Selectmen to take such actions and file such other pre-applications and applications as may be appropriate and necessary to obtain funds for such construction, remodeling, reconstruction and extraordinary repairs, and such other funds to which the town may be eligible; and to appropriate and to authorize the Board of Selectmen to expend funds received or to be received by the town as a result of any said applications.
Or to take any action relative thereto.
BOARD OF SELECTMEN
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ARTICLE 2
To see if the Town will vote to raise and appropriate a sum of money for the cost of hazardous waste and/or asbestos removal from the Wilber School building site; and to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto.
BOARD OF SELECTMEN AND
WILBER SCHOOL REDEVELOPMENT COMMITTEE
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ARTICLE 3
To see if the Town will vote to fund any or all of the collective bargaining agreements separately negotiated by representatives of the Town with: 1. The Management Professional Association/Middle Managers Association; 2. The Sharon Municipal Employees Office Occupation Association; and 3. The Department of Public Works, AFSCME, and to raise and appropriate a sum of money to supplement the terms of said agreements, and to determine whether to meet said appropriations by taxation or by transfer from available funds; or to take any other action relative thereto.
BOARD OF SELECTMEN
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ARTICLE 4
To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to supplement the amounts appropriated at the annual town meeting for the law budget, or to take any other action related thereto.
BOARD OF SELECTMEN
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ARTICLE 5
To see if the Town will vote to increase the number of selectmen from the current three members to five members, or to take any other action relative thereto.
Marjorie L. Asnes
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ARTICLE 6
To see if the Town will vote to amend the Town’s General By-Laws by adding a new Article 2A, entitled, “Boards, Commissions and Committees,” which shall read as follows:
ARTICLE 2A
BOARDS, COMMISSIONS AND COMMITTEES
SECTION 1. No person shall serve as a voting member of any appointed or elected board, commission, committee, or other appointed or elected governmental body of the Town of Sharon who is not a resident thereof. The Board of Selectmen may waive this requirement in a specific case. If a member is no longer a resident of the Town, that individual shall be deemed to have vacated the position. Non-residency may be indicated by removal from the voter list, by a census update or by other means. Nonvoting members, if any, shall not be considered in determining the presence of a quorum and are not to be affected by this Article.
SECTION 2. This Article shall apply to any board, committee, commission or other body of the Town, however named or constituted, which is composed of two or more members and has been or is established pursuant to statute, these By-Laws, vote of the town meeting or vote of the Board of Selectmen. “Appointed board” shall mean a board any of the members of which are appointed by an appointing authority. "Elected board" shall mean any board the members of which are elected by the voters of the Town at a town election; or to take any action relative thereto.
BOARD OF SELECTMEN
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ARTICLE 7
To see if the Town will vote to amend Section 4360 of the Town of Sharon Zoning By-Laws, Conservation Subdivision Design, by making the following changes to the following sections below:
By adding a new subsection 4 to Section 4361, Purpose and Intent, which shall read as follows:
4. The Planning Board or Zoning Board of Appeals, as the case may be, shall give great weight and full consideration in its review of any CSD application to a determination by the Board of Health that approval poses an unacceptable threat to public health, drinking water quality or quantity, air quality, surface water quality or quantity, or by the Conservation Commission that approval poses an unacceptable threat to wetlands, or stream flow. In the event that the Zoning Board of Appeals or the Planning Board determines to grant such approval despite such a negative determination of the Board of Health or Conservation Commission, such approval shall contain specific findings which identify the reasons that said negative
recommendation has not been followed.
The Board of Health and the Conservation Commission shall consult with the Water Management Advisory Committee, the Lake Management Committee, and other relevant boards and committees as appropriate in making this determination.
By amending Section 4364(1) to add at the end of the first sentence the following language: “and at a regular business meeting of the Board of Health, and, if the proposed CSD is located within the buffer zone of a wetlands, at a regular business meeting of the Conservation Commission.” By adding to the third sentence after the words “Planning Board,” the words “Board of Health and Conservation Commission”. And by adding to the fourth sentence after the words “Planning Board,” the words “Board of Health and Conservation Commission”. And by adding to the fifth sentence after the words “Planning Board,” the words “Board of Health and/or Conservation Commission” so that subsection 1 will read as
follows:
1. Conference. The applicant is very strongly encouraged to request a pre-application review at a regular business meeting of the Planning Board and at a regular business meeting of the Board of Health, and, if the proposed CSD is located within the buffer zone of a wetlands, at a regular business meeting of the Conservation Commission. If one is required the Planning Board shall invite the Zoning Board of Appeals. The purpose of a pre-application review is to minimize the applicant’s costs of engineering and other technical experts, and to commence negotiations with the Planning Board, Board of Health and Conservation Commission at the earliest possible stage of development. At the preliminary application review,
the applicant may outline the proposed CSD, seek preliminary feedback from the Planning Board, Board of Health and Conservation Commission and/or its technical experts, and set forth a timetable for submittal of a formal application. At the request of the applicant and at the expense of the applicant, the Planning Board, Board of Health and/or Conservation Commission may engage technical experts to review the informal plans of the applicant and to facilitate submittal of a formal application for a CSD special permit.
By amending Section 4364(2), subsection (a) to add to the first sentence, in parenthesis, the words “(including intersections)” in between the words “features” and “that” and by adding to the end of that sentence the words “or are in close enough proximity to be adversely affected.” And by adding to the second sentence after the words “Planning Board” the words “Board of Health and Conservation Commission” and by adding to the end of that sentence the words “or what could happen to surface and ground waters, wetlands, water supplies or other environmentally sensitive features and traffic patterns that could be adversely affected by the subdivision.” The resulting subsection (a) would read as follows:
a. Site Context Map. This map illustrates the parcel in connection to its surrounding neighborhood. Based on existing data sources and field inspections, it should show various kinds of major natural resource areas or features (including intersections) that cross parcel lines or that are located on adjoining lands, or are in close enough proximity to be adversely affected. This enables the Planning Board, Board of Health and Conservation Commission to understand the site in relation to what is occurring on adjacent properties, or what could happen to surface and ground waters, wetlands, water supplies or other environmentally sensitive features and traffic patterns that could be adversely affected by the subdivision.
By amending Section 4366(A), subsection (a)(2)(m) by adding to the end of that sentence the words “and the CSD’s impact on the quantity and quality of the town’s water supplies.” The resulting subsection (m) would read as follows:
m. A narrative explanation prepared by a certified Professional Engineer, detailing the proposed drinking water supply system and the CSD’s impact on the quantity and quality of the town’s water supplies.
By amending Section 4366(A), subsection (a)(2) by adding the following new subsections and (s) as follows:
(r) narrative by a certified traffic engineer about the expected impacts on traffic, including back ups and idling at intersections that could adversely affect air quality.
(s) narrative by a certified professional engineer about the impacts of the proposed subdivision on water supply, quality and quantity, surface and ground water quality and quantity, and stream flow.
By amending (by numbering) the first four paragraphs of Section 4369 as follows:
4369. OPEN SPACE REQUIREMENTS
1. The amount of useable open space, percentage of useable open space allowed for recreational use and the minimum amount of natural vegetation in a CSD shall be determined by the size of the un-subdivided land area.
2. For CSD’s from ten (10) to twenty-five (25) acres:
A minimum of forty (40%) percent of the lot shall be useable open space. A total of twenty (20%) percent of the useable open space can be used for recreational purposes. Building lots within this group shall have a minimum of fifteen (15%) percent natural vegetation.
3. For CSD’s from twenty-six (26) to fifty (50) acres:
A minimum of forty-five (45%) percent of the lot shall be useable open space. A total of twenty (20%) percent of the useable open space can be used for recreational purposes. Building lots within this group shall have a minimum of fifteen (15%) percent natural vegetation.
4. For CSD’s over fifty-one (51) acres:
A minimum of fifty (50%) percent of the lot shall be useable open space. A total of twenty (20%) percent of the useable open space can be used for recreational purposes. Building lots within this group shall have a minimum of fifteen (15%) percent natural vegetation.
By amending Section 4369(1)(a) by deleting the existing subsection (a) in its entirety and replacing it with the following new section 5 and subsection (a):
5. Requirements for open space
(a) The percentage of the minimum required open space that is wetlands shall not exceed the overall percentage of the tract which is wetlands.
By amending (by renumbering) Section 2. Ownership of the Open Space to read as follows:
Section 6. Ownership of the Open Space
By amending Section 4370, Design Standards, subsection (2) by adding the following new subparagraphs (I), (j), (k) and (l) as follows:
(I) CSDs shall be designed so as to minimize traffic back ups that could cause or contribute to air pollution.
(j) CSDs shall be designed to be as energy efficient as possible to minimize the use of fossil fuels for heating and cooling.
(k) CSDs shall be landscaped with drought resistant vegetation so as to eliminate the need for irrigation, and pest resistant vegetation to eliminate the need for pesticides.
(l) CSDs shall use water efficient toilets, washing machines, dishwashers, faucets, and showers to minimize water use,
or to take any other action relative thereto.
BOARD OF HEALTH
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ARTICLE 8
ARTICLE
To see if the Town will vote to amend Section 4800 of the Town of Sharon Zoning By-Laws, Mixed Use Overlay District, by making the following changes to the following sections below:
By amending Section 4801(a) by adding the following language after the word “assets”: “including drinking water supply quality and quantity, surface and groundwater quality and quantity, wetlands preservation and air quality,” so that the resulting subsection (a) would read as follows:
(a) To promote mixed use development in accordance with the principles of “smart growth” which increases the availability of affordable housing, provides housing alternatives to meet local needs, promotes walkable neighborhoods, takes advantage of compact design, fosters distinctive and attractive village settings, preserves critical environmental assets, including drinking water supply quality and quantity, surface and groundwater quality and quantity, wetlands preservation and air quality, and supports economic revitalization in the town center and other commercial, transit-oriented locations.
And by amending Section 4801(b) by adding to the end of that sentence the following language: “water pollution control, water management, wetlands and other environmental and public health regulations and policies.” The resulting subsection (b) would read as follows:
(b) To provide additional planning flexibility for projects located in the Town Center and other commercial locations in Town with regard to density and site design, while remaining consistent with the Towns’ Design Guidelines and water pollution control, water management, wetlands and other environmental and public health regulations and policies.
By amending Section 4815, Density, by deleting the existing section in its entirety and replacing it with the following new language:
The maximum number of units shall be limited by the more restrictive of the following factors: (1) the number of full-sized parking spaces which could be provided; (2) full compliance with the Board of Health and Zoning wastewater management regulations, or (3) full compliance with Conservation Commission Wetlands Regulations.
By amending Section 4820, Wastewater, by adding to the end of that sentence the following language: “approved by the Board of Health in accordance with all applicable regulations.” The resulting new Section 4820 would read as follows:
A plan for the treatment of wastewater from a proposed development in the MUOD must be approved by the Board of Health in accordance with all applicable regulations.
By amending Section 4855, Approval, by adding to the beginning of the first sentence, the following language: “With the exception of permits or orders issued by the Board of Health and the Conservation Commission,” so that the resulting Section 4855 will read as follows:
With the exception of permits or orders issued by the Board of Health and the Conservation Commission, the Planning Board shall be the special permit granting authority for MUOD developments, as well as the authority for site plan review. Authorization for any uses within an MUOD development which would require a Special Permit under underlying zoning shall be obtained through the Planning Board.
Or take any other action relative thereto.
BOARD OF HEALTH
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ARTICLE 9
To see if the Town will vote pursuant to Article 34A of its General By-Laws to name the park area located at the end of Cedar Street, the “Doris Annis Memorial Park.” Said park area is more particularly described as follows and as shown on a map entitled “Annis Park Locus Map” which is on file with the Office of the Town Clerk:
The property is bounded on three sides by roadways. The northerly limit is bounded by Gunhouse Street. The westerly limit is bounded by Cedar Street. The easterly limit is bounded by Beach Street. The southerly limit runs parallel to Gunhouse Street and is approximately 70 feet south of the curb line of Gunhouse Street. The park area comprises an area of approximately 7650 square feet.
Or to take any other action relative thereto.
HISTORICAL COMMISSION
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ARTICLE 10
To see if the Town will vote to change the numbering of General By-Law 36 “Illicit discharge detection and elimination By-Law” to General By-Law 37 and to change General By-Law 37 “Stormwater discharges generated by construction activity By-Law” to General By-Law 38.
TOWN CLERK
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Hereof fail not, and make due return of this Warrant with your doings thereon, at the time and place of meeting aforesaid.
Given under our hands this 6th day of September, A.D., 2005
DAVID I. GRASFIELD, CHAIR
WILLIAM A. HEITIN
WALTER JOE ROACH
BOARD OF SELECTMEN
SHARON, MASSACHUSETTS
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A True Copy: JOSEPH S. BERNSTEIN, Constable
Sharon, Massachusetts
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