SPECIAL TOWN MEETING WITHIN THE ANNUAL 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 7th of May 2007, at 7:00 P.M., and there to act on the following articles:
ARTICLE 1
To see if the Town will vote to Amend the Zoning By-Laws of the Town of Sharon, Massachusetts dated June 2005 as last amended on March 12, 2007 as follows:
AMEND SECTION 2110
Amend Section “2110. Districts” by inserting at the end of Section 2110 after the phrase “Water Resource Protection Districts” the following: “Senior Living Overlay District (Senior Living District).”
AMEND SECTION 2211
Amend Section “2211. Authorization” by inserting at the end of Section 2211 the following: “No premises shall be used in the Senior Living District except as provided in Section 4380, and no building or structure or part thereof shall be erected, altered or extended unless site plan approval therefore has been granted pursuant to Section 4380.”
AMEND SECTION 3420
Amend Section “3420. Permit Issuance” by inserting at the beginning of Section 3420 the phrase “Except in a Senior Living District, [t]” such that it reads “Except in a Senior Living District, the Inspector of Buildings shall issue building permits for construction of new dwelling units in subdivisions submitted for approval after December 5, 1978, or for multi-family dwellings (regardless of location) only as follows:”
ADD SECTION 4380
Insert following Section “4371. Decision of the Planning Board” a new section 4380 as follows:
4380. Senior Living Overlay District (Senior Living District)
4381. Senior Living District Requirements. Senior Living District Development is subject to the following:
a. Purpose. The purpose of the Senior Living District is to enhance the public welfare by creating a vibrant community for senior citizens, including senior citizens with disabilities, by providing a full range of support services ranging from independent living to nursing home care.
b. Eligibility. An applicant may submit a site plan application pursuant to Section 4387 for a Senior Living District Development within the Senior Living District as shown on the Sharon Zoning Map.
c. Application. Senior Living Districts shall be considered as superimposed on underlying districts created under this Bylaw. Senior Living District Development shall conform to all other provisions of this Bylaw except to the extent that use, dimensional, parking, and loading requirements are set forth in 4380. The Senior Living District shall not restrict owners’ rights relative to the underlying zoning district, including other overlay districts. However, if an applicant elects to use the Senior Living District provisions by filing a site plan approval application for a Senior Living District Development with the Board of Appeals pursuant to Section 4387 and so develops a Senior Living District Development, all development shall conform to the use, dimensional, parking, and loading requirements of 4380. Single family residences shall not be provided on the same lot as Senior Dwelling Units or nursing homes. To the extent there are inconsistencies between provisions of 4380 and the provisions of any underlying district, the provisions of 4380 shall govern.
d. Age Restriction. All dwelling units within Senior Living Districts shall be subject to an age restriction described in a deed, deed rider, restrictive covenant, or other document in a form reasonably acceptable to Town Counsel that shall be recorded at the Registry of Deeds or the Land Court. The age restriction shall limit the dwelling units to occupancy by persons of age 62 or older. Occupancy of each dwelling unit is limited to a maximum of two (2) persons. Age and occupancy restrictions shall not preclude reasonable, time-limited guest visitation rights. The age and occupancy restrictions shall be enforceable solely against the violating unit and not the development as a whole by the owner of one or more dwelling units or by the Town of Sharon. In the event of a violation, and at the request of the Town, the owner of Senior Living District Development shall enforce the age and occupancy restrictions.
e. Application of Wetland Setbacks. In a Senior Living District Development, the construction and maintenance of a site access drive of minimum legal practical width is permitted within Wetland Setback Areas, even where there is an alternative means of access from a public way to unrestricted land of the same owner, provided that all required Orders-of-Conditions and other required authorizations are obtained under the Massachusetts Wetlands Protection Act (MGL Ch 131 §40) or Town of Sharon Wetlands Protection By-Law.
this affordability requirement may be evidenced by a development agreement or other agreement by and between the Town and the applicant. An applicant may use one or more of these options in satisfying its obligations.
g. Only that portion of a lot within a Water Resource Protection District is subject to such provisions.
h. Sureties. The property owner shall post instruments of surety, insurance policies, letters of credit or similar securities (hereinafter instruments) to the benefit of the Town of Sharon in a form acceptable to Town Counsel to protect the Town and residents of surrounding areas from damage caused by construction or operation of the Senior Living District Development as set forth below. Instruments may encompass the entire project or a specific phase of the project deemed to be independent of other construction phases as determined under 4387. Instruments, in an amount to be reasonably established by the Board of Appeals under 4387, shall be provided as follows:
(1) An instrument to be provided prior to inception of construction to be maintained through substantial completion of construction in an amount to be reasonably established by the Board of Appeals under 4387 sufficient to provide for the securing, from a public health and safety perspective, of partially completed site improvements and to provide for site stabilization, restoration of suitable drainage patterns, and revegetation of disturbed areas.
(2) An instrument, to be provided prior to the issuance of the first certificate of occupancy, to secure incomplete site infrastructure improvements, if any, until such time as such site improvements have been satisfactorily completed.
(3) An instrument to be provided upon completion of all site improvements or issuance of the final Certificate of Occupancy whichever occurs later to be maintained for one year thereafter to replace any plant materials which fail to thrive.
i. Notwithstanding anything to the contrary in these By-Laws and regardless of whether the Senior Living District Development qualifies as a subdivision or a division of land pursuant to M.G.L. c. 41, § 81P, streets and ways, drainage facilities, and utilities in a Senior Living District Development need not be designed and constructed in compliance with the Sharon Rules and Regulations Governing the Subdivision of Land.
4382. Definitions. The following terms shall have the meanings set forth herein notwithstanding any conflicting definitions in Article V:
Affordable Dwelling Unit – A Dwelling Unit fully eligible for inclusion in the Department of Housing and Community Development’s Chapter 40B Subsidized Housing Inventory. Affordable Housing Units shall be provided that can be sold or rented to households whose income is at or below 80% of the median household income within the Town of Sharon as reported by the U.S. Department of Housing and Urban Development and shall be deed restricted as affordable units for a period of time as provided in a comprehensive permit issued for such housing.
Senior Dwelling Unit – An area within a multi-family building consisting of one or more rooms, providing living facilities for one household (not necessarily including equipment for cooking or provisions for the same), and including space for living and sleeping, but not including nursing home beds.
Senior Living District Development – A project located on a lot of land within the Senior Living District and developed pursuant to the requirements set forth in this Section 4380. A Senior Living District Development may be designed and developed for Senior Living District uses, with open space used for recreational and/or conservation purposes, in a way that departs from the underlying zoning regulations and other provisions of this Bylaw solely to the extent that uses of land and buildings or dimensional, parking, and loading requirements are governed by the provisions of 4380.
4383. Use Regulations.
a. Permitted Uses:
(1) Age qualified multi-family residences in buildings containing a minimum of twenty (20) Senior Dwelling Units, including independent living and assisted living units.
(2) Nursing homes, including nursing homes on the same lot as Senior Dwelling Units, providing skilled nursing and rehabilitation services or nursing home facilities (with or without dementia wards).
b. Permitted Accessory Uses:
(1) Support services to meet senior residents’ needs including fitness centers, recreation and leisure facilities (including golf courses, tennis courts and pools), community centers, resident and employee locker and lounge rooms, food services (including kitchens and cafeterias).
(2) Medical services including medical offices, dental offices and other health services, or maintenance and storage facilities; provided however, such medical or dental offices shall not exceed 10,000 square feet of floor area.
(3) Food services including kitchens, cafeterias, and dining rooms.
(4) Convenience services, such as retail stores, automatic teller machines and banks, post offices, hair salons, laundries, dry cleaning pick-up/drop-off with no on-site cleaning, convenience stores, restaurants, cafes, bars, grills, movie theaters and services intended primarily to service a Senior Living District Development; provided, however, in no event shall any one of these single uses exceed 15,000 square feet in floor area and in the aggregate not to exceed 60,000 sq. ft. in floor area.
(5) Security services and related uses, including guard houses.
(6) A property sales office and facility management office for the Senior Living District Development.
(7) Parking and loading facilities including at-grade facilities as well as below-grade and above-grade structured facilities, which may include managed parking facilities within structures utilizing parking lifts and stacked parking.
(8) Wastewater and stormwater treatment facilities and related appurtenances; provided that such wastewater treatment plants shall be subject to the issuance of a Groundwater Discharge Permit issued by the Massachusetts Department of Environmental Protection (DEP) and, as applicable, to the issuance of a Treatment Works Construction Permit by the Sharon Board of Health subject to provision of adequate funding mechanisms ensuring proper operation and maintenance protocols, Town monitoring and testing, and repair and replacement consistent with the requirements of the Department of Environmental
Protection and the Sharon Board of Health. In addition, at the boundary of the lot containing the wastewater disposal area, the groundwater shall meet Massachusetts drinking water standards and other limits on pollutants set forth hereinafter.
(9) Maintenance buildings and garages for parking of service or facility vehicles excluding any vehicle maintenance; provided, however, such maintenance building shall not exceed 10,000 sq. ft. in floor area.
(10) Below-grade, at-grade and above-grade utilities and appurtenances, including a water tower or water tank.
(11) Passive recreation facilities including walking, jogging and bicycle trails.
4384. Performance Standards. Senior Living District Development shall comply with the following:
(a) Wastewater treatment plant effluent shall meet Massachusetts Drinking Water Standards (310 CMR 22.00) and Massachusetts Surface Water Quality Standards for Class A Surface Waters.
(b) Wastewater treatment plant effluent shall limit phosphorous to a maximum of 1 mg/l unless analyses submitted under 4387 demonstrate that higher concentrations will not cause an exceedance of Massachusetts Surface Water Quality Standards for Class A Surface Waters in down gradient surface waters.
(c) Wastewater treatment and stormwater management facilities shall be designed to reasonably minimize transfers outside of the Neponset River basin and transfers shall be mitigated, to the extent permits and approvals are issued, as practicable, through recharge or conservation measures established under 4387.
(d) Stormwater management facilities shall attenuate increases in the volume of off-site discharge for the one-year frequency storm event.
(e) Stormwater management facilities shall conform, as practicable, to the Department of Environmental Protection’s Stormwater Management Policies (March 1997) whether or not the activity is subject to the Massachusetts Wetlands Protection Act (MGL Ch 131 §40).
(f) Potable water from the Sharon municipal water distribution system shall not be used for irrigation.
(g) Any on-site sanitary sewers shall be subject to on going requirements for leak detection and repair.
(h) Buildings shall, as practicable, incorporate water conservation devices including water efficient plumbing fixtures.
(i) Rooftop mechanical equipment shall be visually screened and acoustically buffered and day-night average sound levels caused by rooftop equipment shall not exceed fifty-five decibels (55 dBs) at the property line.
4385. Dimensional Regulations. A Senior Living District Development shall comply with the dimensional requirements set forth herein. With respect to all requirements of these Sections 4380 through 4390, leasehold parcels within a lot shall be deemed as part of the lot. Dimensional requirements are as follows:
a. Minimum Lot Area: 70 acres.
b. Maximum Density.
(1) Seven and one-quarter (7.25) Senior Dwelling Units per acre, calculated at the time of Site Plan Review of a Senior Living District Development.
(2) Two and one-quarter (2.25) bedrooms per Senior Dwelling Unit.
(3) One hundred fifty (150) nursing home beds per lot, in addition to Senior Dwelling Units.
c. Maximum Building Height.
(1) For buildings and structures containing Senior Dwelling Units, the maximum height excluding any accessory features, rooftop equipment, and mechanical or elevator penthouses shall exceed neither eight (8) stories nor one hundred and five (105) feet.
(2) For buildings and structures containing Senior Dwelling Units, the maximum height including any accessory features,
rooftop equipment, and mechanical penthouses, but excluding elevator penthouses, shall not exceed one hundred and fifteen (115) feet total.
(3) For buildings and structures containing Nursing Home facilities, the maximum height including any accessory features, rooftop equipment, and mechanical penthouses but excluding elevator penthouses, shall not exceed forty-five (45) feet total.
d. Lot width and Frontage. Buildings locations shall conform to the following:
Lot width Three hundred and seventy-five (375) feet
Lot frontage: Two-hundred and fifty (250) feet.
e. Coverage Limits. Buildings shall conform to the following:
Maximum lot coverage: Ten (10) percent, not including parking structures.
Maximum lot coverage: Fifteen (15) percent, including above-grade and below-grade parking structures.
Maximum impervious thirty-five (35) percent,
materials coverage including structures and pavement.
f. Minimum Open Space and Buffers. Minimum Natural Vegetation Area: Thirty-five (35) percent of the lot area. Minimum street buffer strips: Fifty (50) feet maintained as a natural vegetation area, except as required by vehicular and pedestrian access and egress and related traffic safety improvements and above-, below-, or at-grade utilities. Minimum side and rear lot line buffer strips: Ten (10) feet maintained as a natural vegetation area, except as required by vehicular and pedestrian access and egress and related traffic safety improvements and above-, below-, or at-grade utilities.
g. Building Location. Buildings locations shall conform to the following:
Minimum street setback: Two hundred and fifty (250) feet to streets existing at the time of application under 4387
Minimum yard setbacks Fifty (50) feet to side or rear lot lines.
h. A minimum separation of forty (40) feet shall be provided between buildings on the same lot provided; however, that buildings may be connected by foundation systems, basements, cellars, above-grade or below-grade hallways or passageways or below-grade or above-grade parking facilities.
i. Curb Cut. No curb cut shall be less than twelve (12) feet in width or more than sixty (60) feet in width, except as determined during Site Plan Review, pursuant to 4387, based upon standard traffic engineering practice.
j. Landscaping. Landscaping shall be as shown on a plan submitted and approved pursuant to Section 4387.
4386. Required Off-Street Parking and Loading.
a. Parking Requirements. The minimum number of off-street parking spaces shall be (i) one and one-quarter (1.25) per Senior Dwelling Unit; one (1) for each three (3) beds at a nursing facility. Parking facilities shall conform to the following:
(1) All required parking shall be provided on the same lot or lots as the principal or accessory use. Required parking may be located at grade or in below grade or above-grade parking structures.
(2) Except as provided in paragraph (4), each required off-street parking space shall have direct access to a parking aisle and shall be large enough to contain a rectangle not less than nine (9) by eighteen (18) feet, except for parallel spaces which shall be large enough to contain a rectangle not less than nine (9) by twenty-two (22) feet, exclusive of drive and maneuvering space.
(3) Parking aisles shall have a minimum width of twenty-four (24) feet in the case of two-way traffic, or the following minimum widths in the case of one-way traffic:
Parking space angle: parallel, 30 degrees, 45 degrees, 60 degrees, 90 degrees.
Minimum aisle width: 12, 12, 12, 16, 24 feet respectively, for one-way traffic measured between ends of stall lines.
b. Loading Requirements. There shall be at least one (1) loading bay for any building containing more than one thousand (1,000) square feet of gross leasable business floor area, which area shall not include any floor area devoted to Senior Dwelling Units. Loading facilities shall conform to the following:
(1) No loading bay shall be less than twelve (12) feet by thirty (30) feet, nor provide less than fourteen (14) feet of vertical clearance.
Notwithstanding anything to the contrary, within a Senior Living District Development, no building permit shall be issued and no building or structure shall be erected, moved or externally enlarged and no area for parking, loading or vehicular services (including driveways giving access thereto) shall be established or changed, except in conformity with a site plan bearing the endorsement of approval of the Board of Appeals pursuant to this Section 4387. For purposes of the Senior Living District, the site plan approval process and procedures shall be as set forth in this Section 4387. The Board of Appeals is designated as the site plan review authority for all purposes under these Sections 4380 through 4390.
a. An application and site plan shall be submitted to the Board of Appeals. Site plans shall be drawn to a scale of forty
feet (40’) to the inch (or such other scale as the Board of Appeals may accept) and shall contain the following, except to the extent otherwise waived by the Board of Appeals:
(1) Applicants are encouraged to submit a sketch plan of proposed projects prior to formal site plan submission.
(2) Site plan submissions shall be prepared by a multidisciplinary team. The drawings shall be signed and sealed by a Massachusetts civil professional engineer (PE), a Massachusetts professional land surveyor (PLS), and a Massachusetts registered landscape architect (RLA).
(3) Site plans shall include a cover sheet, layout sheet, grading and drainage sheet, traffic control sheet, landscaping sheet, lighting sheet, photometric sheet, a details sheet, a construction phasing sheet, and a sedimentation and erosion control sheet.
(4) Site plans shall conform to the requirements of the Board with respect to scale, dimensions, legend, form and preparation acceptable to the Board. The Board may promulgate submission standards and requirements for site plan submission. Site plans shall be drawn at a suitable scale and layout shall be tied to the Mass State Coordinate System and elevations shall be on North American Vertical Datum (NAVD 88).
(5) Existing conditions shall be based on an on the ground survey based on fieldwork.
(6) Site plans shall show, among other things, all existing and proposed buildings and structures and their uses, means of building egress, parking areas, access drives, loading areas, trails, recreation areas, pedestrian and bicycle paths, refuse and other waste disposal facilities and dumpsters, driveway openings, driveways, service areas and all other open space areas, zoning summary table, accessible parking spaces, and accessible routes.
(7) Site plans shall show existing and proposed grading with a one foot contour interval and spot grades based on (NAVD 88). Earthwork quantities, geotechnical investigations, and foundation engineering reports shall be provided as required by the Board of Appeals.
(8) All on-site local, state, and federal regulatory resource boundaries and buffer zones shall be clearly identified and all wetland flag locations shall be numbered and placed upon the Site Plan;
(9) Site plans shall show all facilities for sanitary sewer collection systems, wastewater treatment systems, stormwater management systems, stormwater collection systems, water storage and supply systems, fire protection systems, site lighting, lighting and pole details, lighting photometric, and cable utility systems.
(10) Site plans shall include landscape plans and detail sheets showing all hardscape and planting elements. Site lighting fixture locations shall be shown for coordination purposes. Use of native plant materials is encouraged. Invasive plants included on the Massachusetts Department of Agriculture’s Massachusetts Prohibited Plant List shall not be used. The drawings shall show the quantity, location, species, and height or caliper of all trees and shrubs and the species, size, and quantity of all groundcovers. Details shall be provided for all structures and hardscape elements and planting details shall be provided for coniferous and deciduous trees and shrubs of each size.
(11) Drainage calculations and a narrative report shall be submitted detailing runoff under existing predeveloped conditions and under future post development conditions and should identify changes in the peak rate and total volume of stormwater runoff for the 1, 2, 10, 25, and 100 year frequency storm events.
(12) Elevations for all structures shall be submitted.
(13) A complete sign package shall be submitted including all advertising and way finding signage. All wall signs and free standing signs shall be shown. Sign plans and details shall show locations, dimensions, colors, materials, finishes, methods of illumination and illumination levels, and methods of structural support.
(14) A traffic study conforming to the EOEA/EOTC Guidelines EIR/EIS Traffic Impact Assessment (1989), which shall include information concerning proposed access and egress and the traffic impact to surrounding roadways and intersections and
proposed mitigation. Roadway and intersection improvement plans shall be submitted pursuant to 4387(b)(6)(7).
(15) An analysis of groundwater quality at the project boundary or at the boundary of any parcels containing wastewater disposal facilities and an analysis of surface water quality in down gradient lakes and ponds within 2,000 feet of the project boundary, including Briggs Pond, are required. When the concentration of any pollutant in the effluent discharges from on-site wastewater treatment facilities exceeds the permitted maximum permitted concentration of that pollutant, a geohydrologic analysis shall be performed to evaluate future groundwater quality at the project boundary including the contribution of effluent discharged on-site and background concentrations of water pollutants. Surface and groundwater transport of effluent from on-site wastewater disposal facilities and of landscape chemicals including pesticides, herbicides, and fertilizers to down gradient surface water bodies shall be quantified and post development concentrations of pollutants shall be established. The analysis shall quantify the project impacts on surface water quality in down gradient lakes and ponds within 2,000 feet of the project boundary, including Briggs Pond, to determine compliance with the Massachusetts Surface Water Quality Standards for Class A Surface Waters for dissolved oxygen, temperature, pH, fecal coliform bacteria, solids, color and turbidity, oil and grease, and taste and odor (314 CMR 4.05) and to quantify degradation in water quality that would impair existing uses (314 CMR 4.04).
(16) A water balance analysis quantifying pre and post development water use and recharge including any interbasin transfers.
(17) Construction impacts and truck traffic shall be provided for sites disturbing over 5 acres.
(18) Acoustical studies shall be provided where roof top mechanical equipment is proposed or where the proposed use will generate noise when said building or use is within 500 feet of residences.
(19) Pursuant to the EOEA/EOTC Guidelines EIR/EIS Traffic Impact Assessment (1989), air quality studies will be provided.
(20) Groundwater flow including geohydro models and aquifer recharge studies where on-site wastewater disposal exceeds 5,000
gallons per day or where more than 40,000 sq. ft. of impervious material will be placed within a Water Resource Protection District.
(21) Visibility analysis, including a perspectives study during the winter months.
(22) A fiscal impact study shall be provided.
(23) An infrastructure study shall be provided.
(24) A list of all legal documents necessary for implementation of the proposed development, including any conservation restrictions, land transfers, and master deeds, with an accompanying narrative explaining their general purpose.
(1) Buildings shall be located and screened with mature plantings to minimize visibility from abutting residential properties and public ways.
(2) Existing off-site structures and utilities shall be protected from damage caused by rock removal by blasting or pneumatic means.
(3) Existing off-site private water supply wells shall be protected from damage caused by rock removal by blasting or pneumatic means and shall be protected from pollution caused by pollutants discharged from wastewater treatment facilities.
(4) Transfers of potable water outside of the Neponset River basin shall be mitigated, to the extent feasible and subject to the issuance of any required permits and approvals, through recharge within the Neponset River basin or water conservation measures.
(5) Wastewater treatment facilities should abate contaminants from such facilities allowing surface water quality in down gradient lakes and ponds within 2,000 feet of the project boundary, including Briggs Pond, to meet the Massachusetts Surface Water Quality Standards for Class A Surface Waters for dissolved oxygen, temperature, pH, fecal coliform bacteria, solids, color and turbidity, oil and grease, and taste and odor
(314 CMR 4.05) and not cause degradation of water quality below existing levels. However, applicants shall not be obligated to improve the surface water quality above the existing conditions or mitigate impacts from other sources.
(7) Off-site roadway upgrades shall be provided to minimize the negative impact of project generated traffic on operations and safety at all locations along the Roadway Study Corridor. The Roadway Study Corridor shall include Bay Road from East Street to the Easton Town Line. Existing safety, sight distance, and horizontal and vertical geometric deficiencies and substandard pavement widths on roadway segments within the Roadway Study Corridor shall be corrected, provided that such corrections are required to permit safe operations, and further subject to (i) improvements can be completed within the existing right-of-way, and (ii) to the extent permitted by authorities having jurisdiction. The extent of roadway segment corrections or safety protocols may be set forth in a development agreement or other agreement between the Town and applicant. This subsection (7) shall be met to the extent addressed in a development agreement or another agreement.
(8) Buildings shall incorporate, to the extent feasible, energy saving devices and shall promote energy conservation through use of insulation and energy efficient building envelope elements consistent with the Massachusetts Building Code.
(9) Irrigation shall be subject to an Irrigation Management Plan that incorporates staged drought management provisions. The Irrigation Management Plan may provide for non-municipal water and treated effluent application to turf in recreation facilities to the extent allowed by regulatory agencies having jurisdiction. On-site well water may be used, but drawdown affecting adjacent water supply wells should be minimized.
(10) Plant materials shall be native species where practicable. Invasive plants listed on the Massachusetts Department of Agriculture’s Massachusetts Prohibited Plant List shall not be planted. Pesticides and herbicides may be used for landscape maintenance only if applied as part of an Integrated Pest Management program. Methods of application and allowed quantities of pesticides, fertilizers, and herbicides are subject to limitations imposed during Site Plan Review.
(11) Parking lot lighting shall be designed with lower illumination levels consistent with IESNA recommended practice. Parking lot light trespass shall be limited to 0.5 foot candles at the property line except at site access drives and there shall be no point sources of light visible from adjacent streets and properties. Parking lot pole heights shall be limited to eighteen (18) feet. All parking lot lighting fixtures shall incorporate dark skies principals through use of lighting fixtures designed to limit upward projecting light.
(12) Runoff from pedestrian areas, landscape areas, and low volume vehicular areas shall be accommodated using low impact design principals, where practicable.
(13) All site utilities shall be installed underground.
c. Reports to the Board of Appeals. Within ten (10) days following receipt of a duly submitted site plan, the Board of Appeals shall transmit one copy thereof to the Planning Board, Board of Health, and Conservation Commission. The Planning Board, Board of Health, and Conservation Commission shall investigate the case and report in writing their recommendations to the Board of Appeals. The Planning Board, Board of Health, and Conservation Commission may seek pertinent information from
other Town officials or boards and may request additional information from the applicant. The Board of Appeals shall not take final action on said plan until it has received reports thereon from the Planning Board, Board of Health, and Conservation Commission, or until forty-five (45) days have elapsed after receipt of such plan without submission of a report thereon. In reaching its decision, the Board of Appeals shall fully consider the recommendations set forth in these reports and shall accord particular weight to reports identifying significant adverse impacts that cannot be avoided, minimized, or mitigated.
d. Criteria. In granting site plan approval, the Board of Appeals shall consider the following:
(1) The extent to which the site plan fulfills the objective of the Senior Living District to create a vibrant community for senior citizens including senior citizens with disabilities;
(2) The extent to which Affordable Dwelling Units are provided in accordance with 4381(f);
(3) The extent to which convenient and safe vehicular and pedestrian movements are accommodated within the site, and in relation to adjacent streets, property or improvements;
(4) The extent to which parking areas and other parts of the Senior Living District Development are adequately screened from adjoining premises or from the street, by walls, fences, plantings or other devices;
(5) The extent to which adequate provisions are made for disposal for sewage, refuse or other wastes; drainage for surface water; and removal of snow;
(6) The extent to which adequate supplies of drinking water are provided;
(7) The extent to which adequate provisions are made for off-street parking and loading;
(8) The extent to which adequate fire and police protection and access are provided.
(9) If within the Surface Water Resource Protection District, the extent to which measures are provided to minimize cumulative impacts on Lake Massapoag and its tributary streams, including consideration of nitrate-nitrogen loadings.
(10) If within the Ground Water Resource Protection District, the extent to which measures to minimize cumulative impacts on municipal water supplies are provided, including consideration of nitrate-nitrogen loadings, for that portion of the site within the Ground Water Resource Protection District.
(11) The extent to which wastewater treatment plant effluent meets the Massachusetts Drinking Water Standards (310 CMR 22.00) and the Massachusetts Surface Water Quality Standards for Class A Surface Waters.
(12) The extent to which phosphorous in wastewater effluent is limited to a maximum of 1 mg/l or to concentrations demonstrated not to cause an exceedance of Massachusetts Surface Water Quality Standards for Class A Surface Waters in down gradient surface waters.
(13) The extent to which wastewater treatment and stormwater management facilities reasonably minimize transfers outside of the Neponset River basin with consideration of the extent to which transfers are mitigated, to the extent practicable, through recharge or conservation measures.
(14) The extent to which stormwater management facilities shall attenuate increases in the volume of off-site discharge for the one-year frequency storm event.
(15) The extent to which stormwater management facilities conform, to the extent practicable, to the Massachusetts Department of Environmental Protection’s Stormwater Management Policies (March 1997).
(16) The extent to which use of potable water from the Sharon municipal water distribution system for irrigation is avoided;
(17) The extent to which the site’s operation and maintenance plan provides for leak detection and repair for all on-site sanitary sewers.
(18) The extent to which on-site buildings incorporate water conservation devices including water efficient plumbing fixtures.
(19) The extent to which rooftop mechanical equipment is visually screened and acoustically buffered and the extent to which day-night average sound levels caused by rooftop equipment do not exceed fifty-five decibels (55 dBs) at the property line.
(20) The extent to which buildings are located and screened with mature plantings to minimize visibility from abutting residential properties and public ways.
(21) The extent to which existing structures and utilities are protected from damage caused by rock removal by blasting or pneumatic means.
(22) The extent to which existing private water supply wells are protected from damage caused by rock removal by blasting or pneumatic means and the extent to which existing private water supply wells are protected from pollution caused by pollutants discharged from wastewater treatment facilities.
(23) The extent to which transfers of potable water outside of the Neponset River basin are mitigated, to the extent practicable, through recharge within the Neponset River basin or water conservation measures.
(24) The extent to which wastewater treatment facilities abate contaminants from such facilities allowing surface water quality in down gradient lakes and ponds within 2,000 feet of the project boundary, including Briggs Pond, to meet the Massachusetts Surface Water Quality Standards for Class A Surface Waters and not cause degradation of water quality below existing levels provided, however, that applicants shall not be obligated to improve the surface water quality above the existing conditions.
(25) The extent to which negative traffic impacts are minimized in off-site intersections in the Intersection Study Area through provision of necessary intersection upgrades such that existing intersection currently operating at a level-of-service D or better shall not be further degraded below a level-of-service D.
(26) The extent to which off-site roadway upgrades are provided to minimize the negative impact of project generated traffic on operations and safety at all locations along the Roadway Study Corridor by remediating existing safety, sight distance, and horizontal and vertical geometric, and pavement width deficiencies.
(27) The extent to which buildings incorporate energy saving devices and promote energy conservation through use of insulation and energy efficient building envelope elements.
(28) The extent to which irrigation water use is minimized through adherence to an Irrigation Management Plan and the extent to which irrigation well drawdown impacts affecting existing water supply wells on neighboring properties are minimized.
(29) The extent to which native plant materials are used; invasive plants are avoided; pesticides and herbicides are applied in accordance with an Integrated Pest Management program; and the quantities of pesticides, fertilizers, and herbicides are minimized.
(30) The extent to which parking lot lighting limits light trespass to 0.5 foot candles at the property line; limits pole heights to eighteen (18) feet; and uses lighting fixtures that minimize upward projecting light;
(31) The extent to which runoff from pedestrian areas, landscape areas, and low volume vehicular areas is accommodated using low impact design principals;
(32) The extent to which underground utilities are provided.
e. The Board of Appeals shall hold a public hearing, for which notice has been given as provided in M.G.L. Chapter 40A, Section 11, concerning a site plan submitted for review and approval pursuant to this Section 4387.
f. Final Action by the Board of Appeals. The Board of Appeals final action shall consist of either an approval based on the determination that the site plan for the Senior Living District Development is consistent with the criteria and requirements set forth in this Section 4380, an approval subject to reasonable conditions consistent with the criteria and requirements set forth in this Section 4380, or a denial based on a determination that (i) the required site plan application filing materials for the Senior Living District Development is incomplete or (ii) the site plan is unreasonably inconsistent with the criteria and requirements set forth in this Section 4380 (unless otherwise waived) so that it admits of no reasonable solution. Failure of the Board of Appeals to make any determination within sixty days
of its hearing, as such hearing may be extended by consent of the applicant, shall constitute a determination of consistency.
4388. Consultants.
To facilitate review of an application for a Site Plan, the Board of Appeals may engage outside consultants in accordance with Section 4390.
Consultants may be engaged to review any or all components of the site plan submission or any offsite improvements proposed in conjunction with the project. Additionally, for projects requiring issuance of State or Federal permits, consultants may be engaged to peer review submissions to the State or Federal agency and to represent the Town before these agencies to protect the Town’s interests. Consultants may be engaged to observe construction of the site improvements authorized by site plan approval.
4389. Enforcement and Implementation.
Any site plan approval issued under this section shall lapse within one (1) year if construction thereof has not commenced sooner, except upon application within one (1) year and for good cause shown. Such time period shall be extended upon request by the applicant for one (1) year. A Senior Living District Development may be constructed in multiple phases over time. Once construction of any portion of a Senior Living District Development has commenced, such site plan approval shall not lapse if the construction proceeds in phases in accordance with an overall project schedule of completion.
(a) Scope of Work. In the course of exercising its powers under this Bylaw, the Board of Appeals may engage outside consultants for peer review of submissions, for peer review and representation in regard to state and federal permits and licensing, or for construction observation. Consultants are selected by majority vote of the Board of Appeals. To the extent practicable, the Board shall work cooperatively with the applicant and when appropriate shall seek input from the Planning Board, Board of Health, and Conservation Commission
with respect to identifying appropriate consultants. Applicants are responsible for payment of consultant fees.
(b) Review Fees. Applicants shall reimburse the Town for the fees and expenses of outside consultants engaged by the Board of Appeals. Fees shall be paid prior to inception of each phase of the work. Escrow accounts shall be replenished within 15 days following receipt of notice. Failure to pay fees in accordance with the aforesaid shall be deemed, after notice to the applicant, with an opportunity to cure, to constitute withdrawal of the project. Fees shall be deposited in a special account established by the Town Treasurer pursuant to MGL. c. 44 § 53G. These funds may be expended only for the purposes described in above 4390(a), and in compliance with the Uniform Procurement Act, M.G.L. c 30B, §§ 1-19. Within thirty (30) days of completion of the project or of withdrawal the proposal, applicants shall receive a final report of funds in the special account and shall be paid any unspent excess in the account, including accrued interest. The Town Accountant shall submit annually a report of the special account to the Board of Selectmen and Executive Secretary Town Administrator for review and for publication in the Sharon Annual Report.
Review related fees will only be imposed if the work constitutes peer review of materials prepared on behalf of the applicant and not of independent studies performed on behalf of the Board; if the work is performed in connection with the applicants’ specific projects; and if the findings and reports are made part of the public record.
Procurement of outside consultant services shall comply with the Uniform Procurement Act, M.G.L., c. 30B, s. 1-19, and with the following additional requirements:
(1) the applicant shall be given five (5) days’ notice and opportunity to attach written comments to the invitation for bids or request for proposals;
(2) at least three (3) bona fide bids or proposals shall be solicited; and
(3) the applicant shall be given five (5) days’ notice and opportunity to comment on all bids or proposals prior to the selection of the consultant and the award of a contract.
Consultants shall be qualified and where applicable duly licensed to evaluate specific issues before the Board. Bona fide bids or proposals shall include: the name of each person performing the work, the educational and professional credentials of each person performing the work; the work experience of each person performing the work; a description of the work to be performed; the hourly rate charged by each person performing the work; and all other expenses to be incurred. Any invitation for bids or request for proposals shall indicate that award of the contract is contingent upon payment of a review fee.
Fees assessed pursuant to this section shall be reasonable in light of: the complexity of the proposed project as a whole; the complexity of particular technical issues; the number of housing units proposed; the size and character of the site; the projected construction costs; and fees charged by similar consultants in the area. Generally fees will not exceed amounts that would be expended by the Town to review a comparable project.
(c) Appeal of Selection. Prior to paying the review fee, applicants may appeal selection of a particular consultant to the Board of Selectmen. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist either of an educational degree in or related to the field at issue or three (3) or more years of practice in the field at issue or a related field. The required time limits for action upon the application by the Board shall be extended by the duration of the appeal. In the event that no decision is made by the Board of Selectmen within one (1) month following the filing of the appeal, the selection made by the Board shall stand.
or take any other action relative thereto.
BOARD OF SELECTMEN
****************************************************************
ARTICLE 2
To see if the Town will vote to amend its Zoning By-Law by amending the map entitled “The Town of Sharon, Massachusetts - Zoning Map” - dated May 10, 2001, as amended, prepared by and bearing the signatures of the Planning Board to overlay upon the following described 87.43 acre parcel of land located in the Rural District 2 the Senior Living Overlay District (Senior Living District) (section 4380 et. Seq.). Such parcel is more particularly described as follows:
That certain parcel of land located on the Easterly sideline of Mountain Street, Sharon, Norfolk County, Massachusetts, bounded and described as follows:
BEGINNING AT A POINT, said point being on the Easterly sideline of Mountain Street, being the Northwesterly corner of said lot,
Thence, N 74E55'14" E, 223.42 feet to a point;
Thence, S 79E16'20" E, 560.50 feet to a point;
Thence, S 19E25'15" E, 386.20 feet to a point;
Thence, N 53E19'42" E, 170.77 feet to a point;
Thence, S 87E22'36" E, 950.20 feet to a point;
Thence, S 37E36'25" E, 329.70 feet to a point;
Thence, S 72E37'57" W, 134.82 feet to a point;
Thence, S 56E51'26" W, 210.61 feet to a point;
Thence, S 50E13'25" W, 250.79 feet to a point;
Thence, S 49E47'45" W, 454.76 feet to a point;
Thence, S 61E05'34" E, 292.49 feet to a point;
Thence, S 61E24'12" E, 987.78 feet to a point;
Thence, S 61E09'45" E, 362.22 feet to a point;
Thence, along a curve to the left having a radius of 910.00 feet, for an arc length of 399.92 feet to a point;
Thence, S 09E28'29" E, 7.01 feet to a point;
Thence, S 54E09'11" W, 544.77 feet to a point;
Thence, S 44E42'51" W, 112.76 feet to a point;
Thence, N 37E51'19" W, 408.86 feet to a point;
Thence, N 35E17'19" W, 110.53 feet to a point;
Thence, N 38E19'09" W, 104.47 feet to a point;
Thence, N 37E58'59" W, 780.99 feet to a point;
Thence, N 68E21'07" W, 433.43 feet to a point;
Thence, S 19E15'58" W, 601.70 feet to a point;
Thence, N 68E29'14" W, 863.39 feet to a point;
Thence, N 05E57'49" W, 36.00 feet to a point;
Thence, along a curve to the right with a radius of 2000.00 feet, for an arc length of 335.49 feet to a point;
Thence, N 03E38'51" E, 1082.90 feet to a point;
Thence, along a curve to the left with a radius of 1060.00 feet, for an arc length of 346.46 feet to the POINT OF BEGINNING.
CONTAINING: 3,808,655 square feet or 87.43 acres of land, more or less.
Said parcel is comprised from portions of all or some of the following Assessor’s maps and parcels: 26-7, 26-8, 26-9, 26-10, 26-11, 35-9, parcel 1, 35-12, 35-13, 35-14, 35-15, 44-8 and 44-9, and is a portion of the land contained in a deed from The Rattlesnake Corporation to Brickstone Sharon, LLC, recorded January 18, 2006 at the Norfolk Registry of Deeds, Book 23317, page 500.
Said parcel is identified as Parcel “B” on a plan
entitled “Proposed Sharon Hills Development - Sketch Plan, dated April 6, 2007, Daylor Engineering” showing the land to be rezoned which plan is on file with the Town Clerk,
or to take any other action relative thereto.
BOARD OF SELECTMEN
****************************************************************
ARTICLE 3
To see if the Town will vote to Amend Article 12 of the General Bylaws of the Town of Sharon, Massachusetts as follows:
Item 1: in Section 5.5 add “5.6,” so that the revised Section 5.5 will read as follows: “The Sign Committee may authorize an increase of as much as fifty (50%) percent above the sign area limits of Sections 5.3, 5.4 and 5.6 upon its determination following design review and hearing that at least five (5) of the eight (8) guidelines of Section 6 are met, as are the By-Law objectives of Section 1.”
Item 2: by adding after Section 5.5 the following new Section 5.6:
5.6 Additional Permitted Signs: In the Senior Living Overlay District (Senior Living District) the following additional signs shall be permitted:
5.6.1 Permanent Wall Signs. Signs (other than temporary signs) attached flat against a building or visible through its windows are permitted as follows:
a. Number: Two (2) per building, but not more than one (1) per side of building.
b. Area: Total area of wall signs shall be not more than twenty (20) percent of the projected area of the facade of the side of the building to which they are attached, except that no individual sign shall exceed one hundred (100) square feet.
c. Location: Not extending above or beyond the end of the wall or roof to which it is attached, nor overhanging a street or sidewalk by more than six inches.
5.6.2 Permanent Projecting or Freestanding Signs. Signs (other than temporary signs) not attached to a building are permitted as follows:
a. Number: One (1) for each street that the premises abuts.
b. Area: Not more than fifty (50) square feet per side of each sign.
c. Location: Not within five (5) feet of any street or property line, and not extending more than ten (10) feet above adjoining ground level.
5.6.3 Internal Wayfinding Signs. Internal directional traffic control signs shall be permitted.
5.6.4 Additional Freestanding Signs. In addition to the foregoing, two (2) signs per building identifying the buildings not larger than twenty (20) square feet in area per side and not extending more than eight (8) feet above adjoining ground level.
5.6.5 Temporary Sign. Two (2) temporary signs not larger than one hundred (100) square feet in area, advertising the sale, rental, lease or availability of a unit or bed in a nursing home facility. Such sign requires no sign permit if the erecting agent has obtained a one-year permit and paid an annual fee for erecting such signs.
or to take any relative thereto.
BOARD OF SELECTMEN
****************************************************************
ARTICLE 4
To see if the Town will vote to accept and/or acquire by gift, for water supply uses, municipal telecommunications, and also for the location of a fire substation purposes, or any
combination of such purposes, the fee in the following parcel of land or portions thereof:
That certain parcel of land containing 3.04 acres located on Mountain Street in the Town of Sharon, County of Norfolk, Commonwealth of Massachusetts.
Said 3.04 acre parcel being more fully described as follows:
BEGINNING AT A POINT, said point being on the Easterly sideline of Mountain Street, and being the Northeasterly corner of said lot,
Thence, S 03°38'51" W, 769.19 feet to a point,
Thence, N 86°21'09" W, 264.10 feet to a point;
Thence, N 11°17'59" W, 143.87 feet to a point;
Thence, N 20°40'11" E, 226.01 feet to a point;
Thence, N 43°11'41" E, 239.74 feet to a point;
Thence, along a curve to the left with a radius of 360.00 feet, for an arc length of 248.48 feet to the POINT OF BEGINNING.
CONTAINING: 132,552 square feet or 3.04 acres of land, more or less.
Said parcel is comprised from portions of all or some of the following Assessor’s maps and parcels:
26-7, 26-8, 26-9, 26-10, 26-11, 35-9, parcel 1, 35-12, 35-13, 35-14, 35-15, 44-8, and 44-9, and is a portion of the land contained in a deed from Rattlesnake Corporation to Brickstone Sharon, LLC, recorded January 18, 2006 at the Norfolk Registry of Deeds, Book 23317, page 500.
A copy of a plan entitled “Proposed Sharon Hills
Development, - Sketch Plan, dated April 6, 2007, Daylor Engineering, showing said land as parcel “D” is on file with the Town Clerk.
And further to authorize the Board of Selectmen as Water Commissioners or the Board of Selectmen to enter into such
agreements, accept such deeds or other instruments, and execute such documents as may be necessary to accomplish, or to act in any way relative thereto.
BOARD OF SELECTMEN
****************************************************************
ARTICLE 5
To see if the Town will vote to accept and/or acquire by gift, for water supply and/or fire protection purposes an easement in the following parcels of land:
That certain twenty (20') foot wide easement centered upon an 8 inch water line described below so that there is roughly ten (10') feet on each side of the water line.
Said easement location is shown as “proposed water easement” on that sketch plan entitled: "Proposed Sharon Hills Development, Sketch Plan, Dated April 6, 2007, Daylor Engineering," a copy of which is on file with the Town Clerk.
Said easement is located on land which is comprised from portions of all or some of the following Assessor’s maps and parcels: 25-9.1, 25-8, 25-9. 25-13, 25-14, 25-15, 17-7, 17-8, 17-9, 17-10, 17-11, and 17-12, and is a portion of the land contained is a deed from The Rattlesnake Corporation to Brickstone Sharon, LLC, recorded January 18, 2006 at the Norfolk Registry of Deeds, Book 23317, page 500.
Said easement shall be in form reasonably acceptable to the Board of Selectmen. The exact location of the easement area may be relocated as the Board of Selectmen may determine.
And further to authorize the Board of Selectmen as Water Commissioners or the Board of Selectmen to enter into such agreements, accept such deeds or other instruments, and execute such documents as may be necessary to accomplish the foregoing, or act in any way relative thereto.
BOARD OF SELECTMEN
****************************************************************
And you are directed to serve this Warrant by posting attested copies of the same in accordance with the Town By-Laws.
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 9th day of April, A.D., 2007
WILLIAM A. HEITIN, CHAIR
WALTER JOE ROACH
RICHARD A. POWELL
BOARD OF SELECTMEN
SHARON, MASSACHUSETTS
____________________________________________
A True Copy: JOSEPH S. BERNSTEIN, Constable
Sharon, Massachusetts
Dated: April 9, 2007
ANNUAL 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 7th of May 2007, at 7:00 P.M., and there to act on the following articles:
ARTICLE 1
To see if the Town will vote to amend the Personnel By-Law of the Town of Sharon as follows, or act in anyway relating thereto:
A. By adopting as amendments to said By-Law, the following interim and/or emergency changes, additions or deletions made by the Personnel Board in its authority under Section 2.6 of the By-Law:
1) To adjust the Administrative Assistant to the Planning Board position within the Office Occupational Group to a classification OC-4a, effective July 5, 2006
2) That effective retroactive to July 1, 2006 the Assistant Town Accountant be paid $1,178.24 per week until such time as the Town Accountant or equivalent
returns to work.
3) To place the newly created position of Secretary to the Community Preservation Committee in the Miscellaneous Category as an OC-5 classification effective July 1, 2006.
4) To authorize the Community Preservation Committee to offer Michelle Thoener the position of Secretary to the Community Preservation Committee at the current OC-5 classification at a Step 3 hourly rate provided that the Community Preservation Committee send a written explanation and certification by the department head or appointing authority that such action is justified by exceptional qualifications of the applicant or by lack of qualified applicants available at the minimum rate.
5) To adjust the Administrative Assistant to the Council on Aging position within the Office Occupational Group to a classification OC-2, effective January 23, 2006.
6) Effective July 1, 2005 to adjust the compensation for the Secretary to the Board of Selectmen to reflect the following:
Steps Min 2 3 4 5 6 7 8 9 Max
Hrly 19.20 19.59 19.99 20.40 20.82 21.24 21.67 22.11 22.56 23.02
Also effective July 1, 2006 to adopt the following compensation schedule for the Secretary to the Board of Selectmen:
Steps Min 2 3 4 5 6 7 8 9 Max
Hrly 19.78 20.18 20.59 21.01 21.44 21.87 22.32 22.77 23.24 23.71
7) On February 28, 2007, authorized the hiring of Roni Thaler as Administrative Secretary to the Board of Selectmen at a salary of $26.50 per hour, retroactive to the initial date of hire and corresponding to Step 6 of the current pay schedule. Subsequent steps shall apply in accordance with the Personnel By-law and actions by Town Meeting.
8) To adjust the Administrative Assistant to the Board of Health within the Office Occupational Group to a classification OC-4a, effective January 9, 2007.
9) Due to the fact that the salary rate increase for the Fill-In Animal Control Officer was inadvertently omitted from Article 4 of the 2005 Town Warrant and Addendum to the Personnel By-Laws, the rates should be replaced with the following:
Per Call $10.61
Per day weekends $37.13
Vacation Days $53.05
B. By striking out all classification schedules and pay schedules in Appendix A and Appendix B and substituting new classification schedules and new pay schedules
Appendix A and Appendix B as of July 1, 2007, except as other dates are specified.
APPENDIX A
THE FOLLOWING POSITIONS CONTAINED WITHIN CLASSIFICATION SCHEDULE SECTION ENTITLED 1.100-1.300 WITH ASSOCIATED PAY SCHEDULE SECTION 2.100-2.300 ARE NOT COVERED BY COLLECTIVE BARGAINING AGREEMENTS.
EXECUTIVE CATEGORY
JULY 1,2007 - JUNE 30,2008
SECTION 1.100 SECTION 2.100
CLASSIFICATION SCHEDULE PAY SCHEDULE/ANNUALLY
E-1 Police Chief 135,690
E-1 Superintendent of Public Works 100,865
E-1 Fire Chief 99,680
E-3 Treasurer/Collector/MIS 80,401*
E-3 Town Engineer 82,400
E-3 Recreation Director 63,945
E-3 Town Accountant 72,981
E-3 Data Processing Systems Admin 80,951
E-3 Library Director 72,265
E-4 Council On Aging – Executive Dir 61,808
E-4 Administrative Assessor 69,586
* Does not reflect Data Processing Manager Additional Compensation $7,760 yr (see Miscellaneous Category
SECTION 1.200 SECTION 2.200
CLASSIFICATION SCHEDULE PAY SCHEDULE
ADMINISTRATIVE SECRETARY
BOARD OF SELECTMEN (HRLY)
Effective 7/1/07
Steps Min 2 3 4 5 6 7 8 9 10 Max
hrly 24.41 24.99 25.52 26.11 26.68 27.28 27.90 28.53 29.18 29.83 30.50
Note: Position is hereby entitled to benefits provided to ATP/MP Association per contract provisions as follows: Article III “Longevity,” Article IV “Leave,” Article V “Sick Leave,” Article VI “Hours of Work” (with premium rates applicable after 37.5 hrs/wk) Article VII “Miscellaneous Benefits” (J)Special Eyeglasses and (L) Fitness Club.
SECY-BOARD OF SELECTMEN (HRLY)
Effective 7/1/07
Steps Min 2 3 4 5 6 7 8 9 Max
hrly 20.37 20.79 21.21 21.64 22.08 22.53 22.99 23.45 23.94 24.42
Note: Position is hereby entitled to contract benefit provisions per Agreement between Town and Sharon Municipal Employees Association (SMEA)as follows: Article 7, “Hours of Work” Article 8 “ Sick Leave,” Article 9 “Vacations,” Article 10 “Holiday,” Article 12 “Insurance,” Article 13(g) “Longevity,” Article 17 “Bereavement Leave,” Article 23(3) “Technological Change.” Article 29 “Fitness Club.”
MISCELLANEOUS
SECTION 1.300 SECTION 2.300
CLASSIFICATION SCHEDULE PAY SCHEDULE
EFFECTIVE JULY 1, 2007
TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
VETERANS' AGENT (YRLY) 12,544.00
SEALER OF WEIGHTS/MEASURES (YRLY) 3,582.00
ANIMAL CONTROL OFFICER
FILL-IN (WEEKEND/SICK/HOLIDAY/VACATION COVERAGE) 39.39/56.28
FILL-IN (NIGHT PAGER COVERAGE) 11.26/night
FILL-IN (AFTER HOUR COVERAGE) 11.26/call
ANIMAL INSPECTOR (YRLY) 3,376.00
CUST/MAINT (HOURLY) 6.99 7.20 7.41 7.63
DPW TEMP/SUMMER
LABOR (HRLY) 8.72 9.55 10.45
INTERIM PUBLIC HEALTH NURSE 21.00
DATA PROCESSING MGR (yearly) 7,760.00
USER GROUP FACILITATOR(WKLY) 35.00
PROJECT MANAGER/STANDING BUILDING COMMITTEE
FY’08 Hourly
Steps Min 2 3 4 5 6 7 8 9 10 Max
hrly 24.41 24.99 25.52 26.11 26.68 27.28 27.90 28.53 29.18 29.83 30.50
SUMMER EMPLOYMENT - PART-TIME
EFFECTIVE May 1, 2007 (HRLY)
Step 1 Step 2
Waterfront Supervisor 14.63 14.88
Assistant Supervisor 12.14 12.39
Swimming Instructor 11.14 11.39
Lifeguard 10.14 10.39
Attendant/Maint. 9.00 9.25
Sailing Supervisor 14.63 14.88
Assistant Supervisor 12.14 12.39
Sailing Instructor 10.14 10.39
Tag & Sticker Clerk 13.96 14.21
NOTE: Executive and certain Miscellaneous Category positions represent the recommendations of the appropriate appointing authority (i.e., Board of Selectmen, Library Trustees and Assessors).
APPENDIX B
THE FOLLOWING POSITIONS CONTAINED WITHIN CLASSIFICATION SCHEDULE SECTIONS ENTITLED 1.400-1.800 WITH ASSOCIATED PAY SCHEDULE SECTIONS 2.400-2.800 ARE COVERED BY COLLECTIVE BARGAINING AGREEMENTS.
MANAGEMENT PROFESSIONAL CATEGORY
(FORMERLY ADMINISTRATIVE, TECHNICAL AND PROFESSIONAL CATEGORY)
SECTION 1.400
CLASSIFICATION SCHEDULE
MP-00 Assistant Town Engineer MP-2 Animal Control Officer*
Asst. Recreation Director*
MP-0 Building Inspector Business Manager
Water Systems Supervisor Info Svcs/Asst Library Director*
Asst Operations Supervisor
MP-1 Operations Supervisor Asst Supervisor-Water
Public Health Nurse*
Forestry & Grounds Supervisor MP-3 Recreation Athletic Supervisor
Health Agent for Engineering Case Mngr/Coord.Volunteer Svcs*
Conservation Agent Technical Support Specialist*
Health Administrator*
GIS Coordinator MP-4 Part-Time Public Health Nurse
*The following positions work other than a 40 hour work week:
Info Services/Asst Library Director-37.5hrs
Public Health Nurse-30 hours
Animal Control Officer-25 hours
Asst. Recreation Director-37.5 hours
Case Manager/Coordinator of Volunteer Services-28 hours
Health Administrator-35 hours
Technical Support Specialist-20 hours
Part-time Public Health Nurse 3 hours (up to 10 hours for vacation coverage)
SECTION 2.400
PAY SCHEDULE/HOURLY
July 1, 2006 - June 30, 2007*
|
Grade |
Min |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
Step10 |
Step11 |
|
MP-00 |
29.46 |
30.12 |
30.80 |
31.49 |
32.20 |
32.93 |
33.67 |
34.43 |
35.20 |
35.99 |
36.80 |
|
MP-0 |
27.94 |
28.57 |
29.22 |
29.87 |
30.55 |
31.23 |
31.94 |
32.65 |
33.39 |
34.15 |
34.92 |
|
MP-1 |
26.13 |
26.72 |
27.32 |
27.92 |
28.55 |
29.21 |
29.86 |
30.52 |
31.21 |
31.93 |
32.65 |
|
MP-2 |
23.70 |
24.26 |
24.78 |
25.35 |
25.90 |
26.49 |
27.09 |
27.70 |
28.33 |
28.96 |
29.61 |
|
MP-3 |
21.75 |
22.24 |
22.72 |
23.24 |
23.76 |
24.31 |
24.84 |
25.42 |
25.98 |
26.56 |
27.16 |
|
MP-4 |
19.78 |
20.22 |
20.67 |
21.13 |
21.61 |
22.11 |
22.59 |
23.09 |
23.63 |
24.14 |
24.69 |
*This is the rate that has been in effect, and will continue to be in effect, until
such time as a new collective bargaining agreement is executed.
July 1, 2005 to June 30, 2006*
LIBRARY CATEGORY
LMP-3 Children’s Service Librarian
Technical Service Librarian
LMP-4 Information Service Librarian
|
Grade |
Min |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
Max |
|
LMP-3 |
21.12 |
21.59 |
22.06 |
22.56 |
23.07 |
23.60 |
24.12 |
24.68 |
25.22 |
25.79 |
|
LMP-4 |
19.20 |
19.63 |
20.07 |
20.51 |
20.98 |
21.47 |
21.93 |
22.42 |
22.94 |
23.44 |
Department of Public Works Library Maintenance
|
|
17.55 |
17.90 |
18.25 |
18.62 |
18.99 |
19.37 |
19.76 |
20.15 |
20.55 |
20.96 |
LOC-3a Circulation Supervisor
LOC-4a Library Assistant
Technical Services Asst.
Administrative Asst.-Library
|
Grade |
Min |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
Max |
|
LOC-3a |
18.22 |
18.58 |
18.94 |
19.33 |
19.71 |
20.11 |
20.51 |
20.91 |
21.33 |
21.76 |
|
LOC-4a |
16.36 |
16.69 |
17.02 |
17.36 |
17.71 |
18.07 |
18.43 |
18.80 |
19.17 |
19.54 |
Library Page 8.54
*This is the rate that has been in effect, and will continue to be in effect, until such time as a new collective bargaining agreement is executed.
LABOR CATEGORY
SECTION 1.500
CLASSIFICATION SCHEDULE
Grade A Working Foreman-Operations Grade D Night Custodian
Sr. Water Systems Tech
Working Foreman – Water Grade E Auto Equipment Operator
Working Foreman - Forestry & Grnds Custodian-Community Ctr
Grade B Master Mechanic
Grade C Heavy Equip Operator
Aerial Lift Operator
Water Systems Tech
SECTION 2.500
PAY SCHEDULE/HOURLY
July 1, 2006 - June 30, 2007*
|
Grade |
Min |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
Max |
|
A |
21.58 |
22.16 |
22.73 |
23.31 |
23.89 |
24.47 |
25.05 |
25.63 |
26.20 |
26.78 |
|
B |
20.64 |
21.10 |
21.56 |
22.01 |
22.47 |
22.94 |
23.39 |
23.85 |
24.31 |
24.77 |
|
C |
18.86 |
19.36 |
19.87 |
20.37 |
20.88 |
21.38 |
21.89 |
22.39 |
22.90 |
23.40 |
|
D |
19.04 |
19.43 |
19.82 |
20.22 |
20.62 |
21.02 |
21.45 |
21.88 |
22.31 |
22.75 |
|
E |
18.08 |
18.44 |
18.80 |
19.18 |
19.56 |
19.95 |
20.35 |
20.75 |
21.17 |
21.59 |
*This is the rate that has been in effect, and will continue to be in effect, until such time as a new collective bargaining agreement is executed.
OFFICE OCCUPATION CATEGORY
SECTION 1.600
CLASSIFICATION SCHEDULE
OC-1 Assistant Accountant OC-4a Bookkeeper
Assistant Collector Election & Registration Clerk
Assistant Treasurer Secretary-Fire
Admin. Asst-Planning Board
OC-2 Confidential Police Secretary PT Admin Asst.-Board of Health
Administrative Asst.-Assessor
Administrative Asst.-Ex Dir COA OC-4b Bus/Van Driver
Admin Asst to Fire Chief/Ambulance Rec. Police Clerk
Assistant Town Clerk Secretary-Zoning Board of Appeals
OC-3a Collections Supervisor OC-5 Secretary-Conservation Commission
Treasury Supervisor (Payroll) Secretary-Personnel Board
Secretary-Finance Committee
0C-3b Senior Assessor Clerk Secretary-Community Preservation
Activities/Program Coordinator COA
Secretary - Building & Engineering
Secretary - Clerk Accounting/Veterans Agent
Secretary - Recreation
Secretary - Water
Secretary - Operation Division
SECTION 1.600 SECTION 2.600
CLASSIFICATION SCHEDULE PAY SCHEDULE/HOURLY
July 1, 2006 - June 30, 2007*
|
|
|
||||||||||
|
Grade |
Min |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
Step10 |
Step 11 |
|
OC-1 |
22.28
|
22.72 |
23.19 |
23.64 |
24.11 |
24.62 |
25.09 |
25.57 |
26.12 |
26.63 |
27.16 |
|
OC-2 |
20.06 |
20.48 |
20.88 |
21.29 |
21.72 |
22.16 |
22.61 |
23.05 |
23.53 |
23.99 |
24.46 |
|
OC-3a |
18.77 |
19.14 |
19.51 |
19.91 |
20.30 |
20.71 |
21.13 |
21.54 |
21.97 |
22.41 |
22.87 |
|
OC-3b |
17.78 |
18.14 |
18.49 |
18.86 |
19.24 |
19.63 |
20.02 |
20.42 |
20.83 |
21.25 |
21.67 |
|
OC-4a |
16.85 |
17.19 |
17.53 |
17.88 |
18.24 |
18.61 |
18.98 |
19.36 |
19.75 |
20.13 |
20.53 |
|
OC-4b |
15.98 |
16.28 |
16.61 |
16.95 |
17.28 |
17.63 |
17.99 |
18.34 |
18.70 |
19.09 |
19.47 |
|
OC-5 |
14.38 |
14.67 |
14.97 |
15.27 |
15.58 |
15.89 |
16.22 |
16.54 |
16.87 |
17.21 |
17.55
|
*This is the rate that has been in effect, and will continue to be in effect, until such time as a new collective bargaining agreement is executed.
PUBLIC SAFETY CATEGORY
SECTION 1.700 SECTION 2.700
CLASSIFICATION SCHEDULE PAY SCHEDULE/WEEKLY
POLICE DEPARTMENT
TITLE CODE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Police Chief PD-110 2609.42
Effective Dates
July 1, 2007 - June 30, 2008
Sergeant PD-80 PD-80A PD-80B PD-80C
Effective Date** 1ST YR. 2ND YR. 3RD YR.
July 1, 2006- Step 1 Step 2 Step 3
June 30,2007 1051.86 1072.90 1094.37
Patrolman PD-60 PD-60A PD-60B PD-60C PD-60D PD-60E PD-60F PD-60G
Effective Date** 1ST YR. 2ND YR. 3RD YR. 4TH YR.
July 1, 2006- Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
June 30,2007 697.23 744.14 793.23 877.63 895.18 913.10 931.36
Dispatchers
Effective Dates**
July 1, 2006 - June 30, 2007
Steps Min 2 3 4 5 6 7 8 9 Max
hrly 17.61 17.95 18.31 18.68 19.06 19.44 19.83 20.22 20.63 21.03
The amounts of pay shown in the above schedule for position code PD-60 and PD-80 do not include the extra pay for educational qualifications provided for in the statutes and regulations of the State.
Members of the Police Department while so designated by the Chief of Police shall receive additional compensation to be considered part of their base pay as follows:
MOTORCYCLE OPERATOR (SELECTIVE ENFORCEMENT) $22.54 PER WEEK
ACCREDITATION MANAGER, COMPUTER MANAGER $22.54 PER WEEK
LEAPS REPRESENTATIVE $10.00 PER WEEK
CRIME PREVENTION OFFICER $22.54 PER WEEK
SPECIAL ASSIGNMENT OFFICER $22.54 PER WEEK
The pay of the Police Chief, including all overtime pay and extra pay for educational qualifications, shall be limited to $2609.42 per week, effective 7/1/07 (Non-Civil Service).
Any patrolman, appointed without being required to take the written examination, shall be paid the base pay rate called for by step 1 of the pay schedule for a period of six months following his appointment, and, upon the expiration of said six-month period, shall be paid the base pay rate provided for by step 2 unless he shall have previously been employed full time as a police officer, in which case he shall be paid the base pay rate under the step he would have been paid if his prior employment had been in the Sharon Police Department, but not greater than Step 4. Notwithstanding the step increase or increases provided herein, a patrolman's probationary period shall be the probationary period provided for in 5-5 of this By-Law or in the collective bargaining agreement, whichever is applicable.
POLICE CROSSING GUARDS*/**
7/1/06 to 6/30/07
STEP 1 STEP 2 STEP 3
School Crossing Guard PD20 31.93 34.80 38.28
School Crossing Guard Supervisor PD20A 47.91
Maximum rate for fill-in personnel is Step 2.
*PD20 and PD20A–The amounts of pay shown in the above schedule shall be paid in the event that school is canceled due to snow.
SUPERIOR OFFICERS
July 1, 2006 – June 30, 2007**
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
Lieutenant, Police 1513.43 1558.83 1605.60 1653.76 1703.37 1737.44
Dept.
**This is the rate that has been in effect, and will continue to be in effect, until such time as a new collective bargaining agreement is executed.
FIRE DEPARTMENT
SECTION 1.800 SECTION 2.800
CLASSIFICATION SCHEDULE PAY SCHEDULE/WEEKLY
JULY 1, 2007 - JUNE 30, 2008
TITLE CODE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
FIRE CHIEF 100 1909.58
DEP FIRE CHIEF 99 1555.76
The pay of the Fire Chief, including all overtime pay, shall be limited to $1.909.58 per week for fiscal year 2007-2008.
SECTION 1.410 SECTION 2.410
CLASSIFICATION SCHEDULE PAY SCHEDULE/WEEKLY
JULY 1, 2006 – JUNE 30, 2007*
TITLE CODE STEP 1 STEP 2 STEP 3 STEP 4
CAPT. FD-90 1015.98 1096.20
LT. FD-80 1085.28
FF. FD-60 792.12 831.60 935.34
*This is the rate that has been in effect, and will continue to be in effect, until such time as a new collective bargaining agreement is executed.
Members of the Fire Department in the above classifications who become certified, are certified or are recertified as Emergency Medical Technicians shall receive an annual stipend. Employees not now certified will be given the opportunity to obtain such certification, one at a time. Employees taking the certification course a second or subsequent time will receive overtime payments and tuition reimbursement only upon passing the EMT examination and becoming certified.
Members of the Fire Department are eligible to receive additional compensation in each fiscal year in accordance with the following educational incentive program:
For Fire Science Course approved in advance by the Fire Chief and successfully passed and credits certified, members of the Fire Department in the above classifications shall receive additional compensation in each fiscal year in accordance with the following schedule:
FOR 15 COURSE CREDITS CERTIFIED $ 375 ANNUALLY
FOR 30 COURSE CREDITS CERTIFIED 575 ANNUALLY
FOR AN ASSOCIATE'S DEGREE CERTIFIED 1,200 ANNUALLY
FOR A BACHELOR'S DEGREE CERTIFIED 2,000 ANNUALLY
Payments for Emergency Medical Technician Certification Program shall be made weekly. Educational Incentive, effective 7/1/98, shall be added to base wage.
CALL FIREFIGHTERS
HOURLY COMPENSATION RATE
July 1, 2007 - June 30, 2008
Hourly 17.00 Drill 20.00
****************************************************************
ARTICLE 2
To fix the compensation of elected officers, to provide for a Reserve Fund, and to determine what sums of money the Town will raise and appropriate, including appropriation from other available funds, to defray charges and expenses of the Town, including debt and interest, for the Fiscal Year beginning July 1, 2007.
And to see if the Town will vote to raise and appropriate an additional sum of money for the various Town offices and for defraying the charges and expenses of the Town, including debt and interest, and for the purposes of operating the Public Schools for the fiscal year beginning July 1, 2007. This appropriation shall take effect only if the Town votes at an election held in accordance with Massachusetts General Laws, Chapter 59, Section 21 C to override the levy limit by said sum.
or act in any way relating thereto.
****************************************************************
ARTICLE 3
To see if the Town will vote to amend its General By-Laws by creating the following new Article 3(a), “Municipal Finance Department.”
Section 1. There shall be a consolidated Department of Municipal Finance as provided under Massachusetts General Laws, Chapter 43C, Section 11, and as provided for in the following sections of this by-law.
Section 2. The Department of Municipal Finance shall include the following statutory, by-law or otherwise authorized presently existing entities as follows: Town Accountant, Town Treasurer, Administrative Assessor and Information Technology Personnel. Additionally the Director of Municipal Finance, acting in an ex-officio capacity shall coordinate and assist the following financial committees: Finance Committee, Priorities Committee, Capital Outlay Committee.
Section 3. When in conflict, this by-law shall prevail over other Articles in the By-laws, or statutes as provided for in Massachusetts General Laws, Chapter 43C.
Section 4. There shall be a Director of Municipal Finance who shall be appointed by the Board of Selectmen and report to the Town Administrator when acting as the Board of Selectmen=s designee. The term of office for said position shall not be less than three nor more than five years, subject to removal as provided for in this by-law.
Section 5. The Director of Municipal Finance shall appoint the Accountant, Treasurer, Administrative Assessor and the Information Technology subject to approval by the Selectmen, except the appointment of the Administrative Assessor is subject to the approval of the Board of Assessors. In performing duties where the approval of the Board of Assessors is statutorily required, the Administrative Assessor may be directed by the Director of Municipal Finance, but any final decision will be made by the Board of Assessors.
Section 6. All officers appointed by the Director of Municipal Finance may be appointed for a term of office of up to three years.
Section 7. The person holding the position of Director of Municipal Finance may also be appointed to hold in an ex-officio capacity other financial positions identified in this By-law, except that no person shall hold both the Town Accountant and Town Treasurer positions at the same time.
Section 8. The Director of Municipal Finance shall be subject to removal for due cause as determined, and so voted upon by the Board of Selectmen or as may be otherwise provided by by-law, statute or agreement.
Section 9. The Department of Municipal Finance shall be responsible for and shall include the following functions:
a. the coordination of all Town financial services and activities
b. the maintenance of all Town accounting records and other financial statements and the supervision of all annual and special audits or reviews auditing functions including such audits or reviews provided by independent auditors;
c. the payment of all the Town=s obligations;
d. the receipt of all funds due the Town from any source either directly or by means of the responsible Department Head;
e. the rendering of advice, assistance and guidance to all other Town departments, offices and agencies in any matter related to financial or fiscal affairs;
f. the monitoring throughout the fiscal year of the expenditure of all funds by Town departments, offices and agencies including periodic reporting to all such departments, offices and agencies on the status of accounts with recommendations concerning fiscal and financial policies to be implemented by such departments, offices and agencies;
g. the supervision of all purchases of goods, materials and supplies by town departments, offices and agencies except the School Department and maintenance of inventory controls;
h. the supervision of all data processing facilities, functions and activities.
Section 10. The Director of Municipal Finance shall be responsible for the functions of the Department of Municipal Finance. He/she shall be specifically responsible in conjunction with the Town Administrator for the Annual Budgeting process.
Section 11. Subject to the approval of the Board of
Selectmen, the Director of Municipal Finance shall serve as the Town Chief Procurement Officer pursuant to the provisions of Massachusetts General Laws Chapter 30B, Section 2.
or to take any other action relative thereto.
BOARD OF SELECTMEN
****************************************************************
ARTICLE 4
Request for Insertion into the Warrant for the May 7, 2007 Sharon Town Meeting a Proposed Amendment to the General Bylaws, Sharon, Massachusetts, Article 1, Section 2 as follows:
To see if the Town will vote to amend Article 1, Section 2 of the General Bylaws, Sharon, Massachusetts by making the following changes:
Add to the existing text, which currently reads:
SECTION 2. Every town meeting shall be notified by posting attested copies of the warrant, calling the same, at ten places within the town, one of which shall be the post office, at least fourteen days before the day appointed for the annual meeting or any special meeting of the town. The Town Clerk shall mail, or otherwise deliver, copies of the Town Warrant to every residence at least seven days before each meeting of the town.
the following text at the end:
When the warrant contains proposed amendments to the Zoning Bylaw, a redline/strikeout version of the Zoning Bylaw amendments, and all supporting documents upon which the proponent intends to rely in support of the proposed Zoning Bylaw amendments, shall be posted in ten public places and electronically posted on the Town website at the same time as the attested warrant is posted, or to take any other action relative thereto.
This request is made pursuant to General Laws c. 39, section 10 by the following registered voters who are residents of the Town of Sharon:
ANNE BINGHAM
****************************************************************
ARTICLE 5
Request for Insertion into the Warrant for the May 7, 2007 Sharon Town Meeting a Proposed Amendment to the General Bylaws, Sharon, Massachusetts, Article 1, Section 6 as follows:
To see if the Town will vote to add a new Section 6 to Article 1 of the General Bylaws, Sharon, Massachusetts as follows:
In conducting town meetings, the town moderator is encouraged to avoid cutting off debate, or allowing a motion from the floor to call the question, on any proposed article until pre-scheduled speakers both for and against the proposed article, as well as a representative number of speakers from the floor both for and against the proposed article, have had an equal opportunity to speak.
This request is made pursuant to General Laws c. 39, section 10 by the following registered voters who are residents of the Town of Sharon:
PAUL LAUENSTEIN
****************************************************************
ARTICLE 6
To see if the Town will vote to raise and appropriate a sum of money for remodeling, reconstructing, and making extraordinary repairs to public school buildings and for the purchase of departmental equipment for the School Committee; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto.
SCHOOL COMMITTEE
Furniture:............................. $122,640
Technology:............................. 150,000
SPED vans:............................... 55,000
Walkway Lights (HS):..................... 10,000
Acoustic Treatment:...................... 31,550
Hot Water Heaters (HS):.................. 55,000
Kitchen Fire Suppression (MS):........... 20,000
Septic Designs (MS):..................... 44,000
Cottage Street School Project Closeout:.. 35,000
Window Treatments:....................... 20,000
Security / Life Safety:.................. 30,000
East Elementary School Project Closeout: 207,310
Reception Area Remodeling (HS):.......... 23,500
Door Replacement (MS):................... 40,000
Total:................................. $844,000
****************************************************************
ARTICLE 7
To see if the Town will vote to raise and appropriate a sum of money for the resurfacing of public ways, for the construction of sidewalks and for the purchase of additional departmental equipment for the Department of Public Works; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto.
DEPARTMENT OF PUBLIC WORKS
Vehicles & Equipment:.................. $212,000
Old Garage Repairs:...................... 30,000
Roads:.................................. 525,000
Total:................................. $767,000
****************************************************************
ARTICLE 8
To see if the Town will vote to raise and appropriate a sum money for the purchase of departmental equipment for the Police Department and; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto.
Police Department
Handguns:............................... $16,971
Vehicles:................................ 93,000
Total:................................. $109,971
****************************************************************
ARTICLE 9
To see if the Town will vote to raise and appropriate a sum of money for the rehabilitation of the Memorial Park Beach Building, for the repairs of recreational facilities, and for the purchase of departmental equipment for the Recreation Department; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto.
Recreation department
Memorial Park Beach Building:........... $60,000
Tennis Court Repairs:.................... 10,000
Vehicle:................................. 30,000
Total:................................. $100,000
****************************************************************
ARTICLE 10
To see if the Town will vote to raise and appropriate a sum of money for the purchase of departmental equipment for the Data Processing Department; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto.
data processing
Telephone System:....................... $20,000
****************************************************************
ARTICLE 11
To see if the Town will vote to raise and appropriate a sum of money for the purchase of departmental equipment for the Civil Defense Department; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto.
Civil Defense
Emergency Shelter Management Kit:....... $11,376
****************************************************************
ARTICLE 12
To see if the Town will vote to raise and appropriate a sum of money for the rehabilitation of the Fire Station for the Fire Department; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto.
fire department
Bathroom Remodeling:.................... $10,000
****************************************************************
ARTICLE 13
To see if the Town will vote to authorize the Community Preservation Committee to appropriate up to 5% of the Town’s portion of the expected fiscal year 2008 Community Preservation Fund revenues, to permit the Community Preservation Committee to expend funds as it deems necessary for its administrative and operating expenses, in accordance with the provisions of Section 6 of Chapter 44B of the Massachusetts General Laws and Acts and amendments thereof, where said funds are to be taken from the Community Preservation Fund account balance as of October 15, 2007; and further to appropriate or reserve for future appropriation amounts as recommended by the Community Preservation Committee; a sum of money for the acquisition, creation and preservation of open space; a sum of money for the acquisition, preservation, rehabilitation and restoration of historic resources; a sum of money for the acquisition, creation and preservation of land for recreational use; a sum of money for the creation, preservation and support of community housing; and a sum of money for the rehabilitation or restoration of open space, land for recreational use and community housing that is acquired or created, or act in any other way relative thereto.
COMMUNITY PRESERVATION COMMITTEE
****************************************************************
ARTICLE 14
To choose three or more members of the Finance Committee for three-year terms, and to fill any vacancies on said committee.
BOARD OF SELECTMEN
****************************************************************
ARTICLE 15
To act upon the reports as printed and to hear any other reports and to act thereon.
BOARD OF SELECTMEN
****************************************************************
ARTICLE 16
To hear the records of the donors of the Sharon Friends School Fund and to choose trustees of the School Funds and other officers not on the official ballot, or to act in any way relative thereto.
BOARD OF SELECTMEN
****************************************************************
ARTICLE 17
To see if the Town will vote to raise and appropriate a sum of money to be added to the special fund established for the Stabilization Fund for the purpose which the Town may be authorized to borrow under Chapter forty-four, Sections seven and eight, or any other lawful purpose; to determine whether the money shall be provided by taxation, by transfer from available fund, or by a combination thereof; or act in any way relative thereto.
TOWN ACCOUNTANT
****************************************************************
ARTICLE 18
To see if the Town will vote to raise and appropriate a sum of money to be added to the special fund established to pay the Norfolk County Retirement Board for the Annual Assessment costs chargeable to the Town, and determine whether the money shall be provided by taxation, by transfer from available funds, by a combination thereof, or act in any way relative thereto.
TOWN ACCOUNTANT
****************************************************************
ARTICLE 19
To see if the Town will vote to raise and appropriate a sum of money for the purpose of paying for the cost of services to perform an annual fixed assets and audit of accounts of the Town of Sharon for fiscal year 2007 in accordance with Chapter 44, Section 40 of the General Laws of the Commonwealth, and to determine whether to meet said appropriation by taxation, by transfer from available funds, by a combination thereof, or act in any way relative thereto.
TOWN ACCOUNTANT
****************************************************************
ARTICLE 20
To see if the Town will vote to raise and appropriate a sum of money to be added to the special fund established to reimburse the Massachusetts Division of Employment and Training for the actual costs of benefits paid to former town employees and chargeable to the Town, and determine whether to meet said appropriation by taxation, by transfer from available funds, by a combination thereof, or act in any way relating thereto.
BOARD OF SELECTMEN
****************************************************************
ARTICLE 21
To see if the Town will vote to appropriate and transfer a sum of money
consisting of unexpended bond proceeds from the Town’s outstanding $5,375,000
Municipal Purpose Loan of 2005 Bonds dated September 15, 2005 and/or the Town’s
$13,680,000 Municipal Purpose Loan of 2006 Bonds dated October 15, 2006 (such
unexpended proceeds remaining after the completion of the Middle School
remodeling project and the Wilber School abatement project) for the purpose of
acquiring by gift, purchase, or eminent domain, those parcels of land or
portions thereof for which the Town voted to appropriate and borrow $3,650,000
under Article 2 of the November 13, 2006 Special Town Meeting, thereby reducing
the total amount of the authorized borrowing by such amount transferred, and to
take any other action relative thereto.
BOARD OF SELECTMEN
****************************************************************
ARTICLE 22
To see if the town will vote to amend its General By-laws by amending Article 36 section 1 to increase the membership of the Community Preservation Committee from seven to nine as authorized by Chapter 44B of the Massachusetts General Laws by deleting section 1 in its entirety and replacing it with the following:
SECTION 1. There shall be established a Community Preservation Committee for the purpose of administering the Community Preservation Act, G.L. c. 44B, which shall consist of nine members as follows: One member from the Conservation Commission established under section 8C of chapter 40, as designated by that Commission, who shall serve for an initial term of three years; one member from the Historical Commission established under section 8D of chapter 40, as designated by that Commission, who shall serve for an initial term of two years; one member from the Planning Board established under section 81A of chapter 41, as designated by that Board, who shall serve for an initial term of three years; one member appointed by the Board of Selectmen, acting as Park Commissioners under section 2 of chapter 45, as designated by that Board, who shall serve for an initial term of two years; and one member from the Housing Authority established under section 3 of chapter 121B as designated by that Authority, who shall serve for an initial term of three years. The remaining four members of said Committee shall be at-large members, two appointed by the Board of Selectmen, and two appointed by the Moderator, each for an initial term of one year. Thereafter each member shall be appointed for a three-year term. Members may be reappointed for consecutive terms. Vacancies shall be filled by the original appointing authority, or to take any other action relative thereto.
GEORGE BAILEY
****************************************************************
ARTICLE 23
To see if the Town will vote pursuant to Article 34A of its General By-Laws to rename the Sharon Community Center as the DAVID I. CLIFTON JR. SHARON COMMUNITY CENTER, or to take any other action relative thereto.
BOARD OF SELECTMEN
****************************************************************
ARTICLE 24
To see if the Town will vote to accept Section 4, Chapter 73 of the Acts of 1986, as amended by Chapter 126 of the Acts of 1988, and Chapter 380 of the Acts of 2000, which authorizes additional real estate exemptions to be granted to persons who qualify for property tax exemptions under Clauses 17, 17C, 17C 2 , 17D, 17E, 22, 22A, 22B, 22C, 22D, 22E, 37, 37A, 41, 41B, 41C and 41D of Section 5 of Chapter 59 in an amount equal to 100 percent, or such lesser amount as voted, to be effective for the fiscal year beginning July 1, 2007,and ending June 30, 2008, or act in any way related thereto.
DEPARTMENT OF VETERANS= SERVICES
****************************************************************
ARTICLE 25
To see if the Town will vote accept the provisions of Massachusetts General Laws Chapter 41, Section 110A, relative to the closing of public offices on Saturdays and to further see if the Town will vote to authorize the Town Clerk to close the Town Clerk’s Office on Saturdays pursuant to said statute.
The provisions of Massachusetts General Laws Chapter 4, Section 9 shall be applicable in the case of such closing of any such office on any Saturday to the same extent as if such Saturday were a legal holiday. Pursuant to the provisions of Massachusetts General Laws Chapter 51, Section 31, if the final day for the registration of voters falls on a Saturday, the preceding day shall be the final day for such registration.
Or act in any way relating thereto.
TOWN CLERK
****************************************************************
ARTICLE 26
To see if the town will vote to raise and appropriate a sum of money to supplement the sums raised under Article 1 of the Special Town Meeting on November 14, 2005, for the purpose of paying for the outstanding expenses and remaining costs for the remodeling, reconstruction and/or extraordinary repairs to the Community Center and for the purchase of additional department equipment for the Community Center; and to determine whether to meet said appropriation by borrowing or otherwise, or to do any other thing relative thereto.
BOARD OF SELECTMEN
****************************************************************
ARTICLE 27
To see if the Town
will vote to amend General By-Laws by creating the following new Article 32(a),
"Weights and Measures Fees":
Pursuant to the provisions of Massachusetts General Laws Chapter 98, Section
56, the Sealer of Weights and Measures shall receive and may demand the
following fees for sealing and inspecting the following weighing or measuring
devices:
1) Scales and balances with a weighing capacity of more than ten pounds and
less than one hundred pounds, ten dollars
2) Gasoline pumps, twelve dollars
or to take any other action relative thereto.
BOARD OF SELECTMEN
****************************************************************
ARTICLE 28
To see if the Town will vote to transfer a sum of money from the Receipts Reserved for Appropriation – Septic Loans to the Septic System Improvement Loan Program to pay debt service due to the Massachusetts Water Pollution Abatement Trust; or take any other action relative thereto.
TOWN TREASURER
****************************************************************
ARTICLE 29
To see if the Town will vote to amend Article 34 of the Town’s General By-laws, entitled “Demolition of Historically Significant Buildings”, as follows.
By deleting in its entirety the subsection entitled “Enforcement and Remedies” and inserting in its place the following new subsection:
Enforcement and Remedies
1. The Commission and/or the Building Commissioner are each specifically authorized to institute any and all actions and proceedings, in law or equity, as they may deem necessary and appropriate to obtain compliance with the requirements of this by-law or to prevent a threatened violation thereof.
2. Any owner of a building subject to this bylaw that demolished the building without first obtaining a demolition permit in accordance with the provisions of this bylaw shall be subject to a fine of not more than Three Hundred Dollars. Each day the violation exists shall constitute a separate offense until a faithful restoration of the demolished building is completed or unless otherwise agreed to by the Commission.
3. If a building subject to this bylaw is demolished without first obtaining a demolition permit, no building permit shall be issued for a period of two years from the date of the demolition on the subject parcel of land or any adjoining parcels of land under common ownership and control unless the building permit is for the faithful restoration referred to above or unless otherwise agreed to by the commission.
Or to take any other action relative thereto.
HISTORICAL COMMISSION
****************************************************************
ARTICLE 30
To see if the Town will vote to consider the following items A through J, which will be voted as a block, or singly, or in any combination but however voted, will be treated for accounting purposes as if each item were voted as a separate article, or to act in any way relative thereto:
A. Cable TV Licensing and Re-licensing Fund
To see if the Town will vote to reauthorize a revolving fund known as the Cable TV Licensing and Re-licensing Fund in accordance with M.G.L. Chapter 44, Section 53E2.
The purpose of this fund is to prepare for future cable licensing or re-licensing, and to defray the costs incurred by the Town in providing public internet access. Receipts to be deposited to this fund shall be solely derived from the annual proceeds received by the Town from the cable television licensee under the terms of a Renewal License granted by the Board of Selectmen. Said license requires that to the extent authorized by Chapter 166A of the General Laws of Massachusetts, and permitted by Federal Communication Commission regulations, 50 cents per subscriber per year be forwarded to the Town annually.
Expenditures in Fiscal Year 2008 shall not exceed the balance in the fund carried forward from Fiscal Year 2007 plus receipts deposited into the fund during Fiscal Year 2008 and in any case shall not exceed Twenty Thousand($20,000.00) dollars.
Any unused balance, subject to subsequent Town Meeting authorization, shall carry forward for the benefit of Sharon cable subscribers to cover any costs incurred at the time of license issuance or renewal.
The Board of Selectmen shall have the authority to expend from this fund.
Or act in any way relating thereto.
BOARD OF SELECTMEN
B. Library Public-Use Supplies Replacement Fund
To see if the Town will vote to reauthorize a revolving fund known as the Library Public-Use Supplies Replacement Fund in accordance with M.G.L. Chapter 44, Section 53E2.
The purpose of this fund is to acquire supplies associated with the use of public-use computer printers and faxes such as, but not limited to, paper and ink cartridges. Receipts to be deposited in this fund shall be monies collected as a user fee paid by the users of computer printers and/or the recipients of faxes. Such monies represent the replacement cost of the supplies. The Library Director, with the approval of the Library Board of Trustees, shall be authorized to expend from this fund.
Expenditures in Fiscal Year 2008 shall not exceed the balance in the fund carried forward from Fiscal Year 2007 plus monies deposited into the fund during FY 2008 and in any event shall not exceed seven thousand ($7,000.00) dollars.
Or act in any way relating thereto.
LIBRARY BOARD OF TRUSTEES
C. Street Opening Fund
That the Town reauthorize a revolving fund, first established for Fiscal Year 1992, known as the Street Opening Fund as provided by M.G.L. Chapter 44, Section 53E½.
The purpose of this fund is to defray the cost of making permanent repairs to openings in Town streets by utility companies, contractors, and/or the Town Water Division.
Receipts to be deposited in this fund shall be monies paid by utility companies, contractors and/or the Town Water Division in accordance with the requirements of the Town of Sharon Street Opening Manual. The Superintendent of Public Works, with the approval of the Board of Selectmen, shall be authorized to expend from this fund.
Expenditures in Fiscal Year 2008 shall not exceed the balance in the fund carried forward from Fiscal Year 2007 plus monies deposited into the fund during Fiscal Year 2008 and in any event shall not exceed Twenty-Five Thousand ($25,000.00) dollars.
Or act in any way relating thereto.
BOARD OF SELECTMEN
D. Recycling Fund
That the Town reauthorize a revolving fund, first established for Fiscal Year 1991, known as the Recycling Fund as provided by M.G.L. Chapter 44, Section 53E½.
The purpose of this fund is to support the recycling program of the Town of Sharon and to purchase and install shade trees and shrubs to be planted in the public ways of the Town and otherwise as provided for in Section 7, Chapter 87, of the General statutes. Receipts to be deposited to this fund shall be monies derived from the sale of recycled materials including, but not limited to, newspaper, glass, metals and plastics, the sale of leaf bags, and disposal fees for certain special wastes generated by the citizens of Sharon including, but not limited to, batteries, tires, and used motor oil and white goods, and an amount equal to the number of tons of material recycled times the Tipping Fee at the SEMASS facility to be transferred from the Tipping Fee Escrow Fund. The Superintendent of Public Works, with the approval of the Board of Selectmen, shall be authorized to expend from this fund.
Expenditures in Fiscal Year 2008 shall not exceed the balance in the fund carried forward from Fiscal Year 2007 plus monies deposited into the fund during Fiscal Year 2008, and in any event shall not exceed Seventy-Five Thousand ($75,000.00) dollars.
Or act in any way relating thereto.
BOARD OF SELECTMEN
E. Conservation Commission Advertising Revolving Fund
That the Town reauthorize a revolving fund known as the Conservation Commission Advertising Revolving Fund in accordance with M.G.L. Chapter 44, Section 53E½.
The purpose of this fund shall be to defray the cost of advertising for hearings and meetings before the Sharon Conservation Commission. Receipts to be deposited in this fund shall be monies paid by persons requesting hearings before the Sharon Conservation Commission. The Conservation Commission shall be authorized to expend from this fund.
Expenditures in Fiscal Year 2008 shall not exceed the balance in the fund carried forward from Fiscal Year 2007 plus monies deposited into the fund during FY 2008 and in any event shall not exceed Four Thousand ($4,000.00) dollars.
Or act in any way relating thereto.
CONSERVATION COMMISSION
F. Library Materials Replacement Fund
That the Town reauthorize a revolving fund, first established for Fiscal Year 1993, known as the Library Materials Replacement Fund in accordance with M.G.L. Chapter 44, Section 53E½.
The purpose of this fund is to acquire equivalent Public Library materials to replace items lost by those who borrow such materials. Receipts to be deposited in this fund shall be monies paid by the borrowers of the lost materials. Such monies represent the replacement cost of the material. The Library Director, with the approval of the Library Board of Trustees, shall be authorized to expend from this fund.
Expenditures in Fiscal Year 2008 shall not exceed the balance in the fund carried forward from Fiscal Year 2007 plus receipts deposited into the fund during Fiscal Year 2008 and in any case shall not exceed Three Thousand Five Hundred ($3,500.00) dollars.
Or act in any way relating thereto.
LIBRARY BOARD OF TRUSTEES
G. Recreation Programs Revolving Fund
That the Town reauthorize a revolving fund known as the Recreation Programs Revolving Fund in accordance with M.G.L. Chapter 44, Section 53E½.
The purpose of this fund is to support the fee-based recreation department programs. Receipts to be deposited into this fund shall be monies collected from users of the recreation department programs and facilities. The Recreation Director, with the approval of the Board of Selectmen, shall be authorized to expend from this fund. Expenditures in Fiscal Year 2008 shall not exceed the balance carried forward from Fiscal Year 2007 plus monies deposited into the fund during Fiscal Year 2008 and in any event shall not exceed One Hundred Thousand ($100,000.00) dollars.
Or act in any way relating thereto.
RECREATION DEPARTMENT
H. Parking Lot Fund
That the Town reauthorize a revolving fund known as the Parking Lot Fund in accordance with M.G.L. Chapter 44,Section 53E½.
The purpose of this fund is to provide and pay for the maintenance, repair, improvement, monitoring, and operation, including payment for public liability coverage, for municipal parking lots within the Town that are subject to the control of the Board of Selectmen, including, but not limited to, the parking lot located on Pond Street which was accepted at Special Town Meeting on June 21, 1978, by gift of the Sharon Civic Foundation, and/or to purchase or lease additional parking lots, and in general for any traffic control or traffic safety purposes. Receipts to be deposited to this fund shall be solely derived from the receipt of parking fees and charges. The Superintendent of Public Works, with the approval of the Board of Selectmen, shall be authorized to administer and expend from this fund.
Expenditures in Fiscal Year 2008 shall not exceed the balance carried forward from Fiscal Year 2007 plus monies deposited into the fund during Fiscal Year 2008 and in any event shall not exceed Sixty-five Thousand ($65,000.00) dollars.
Or act in any way relating thereto.
BOARD OF SELECTMEN
I. Board of Health Fund for Monitoring Compliance with Septic Variance
That the Town reauthorize a revolving fund known as the Board of Health Fund for Monitoring Compliance with Septic Variances in accordance with M.G.L. Chapter 44, Section 53E½.
The purpose of this fund is to support the Board of Health’s efforts to protect public health through the successful management and oversight of all required reporting and testing requirements placed on onsite wastewater disposal installations that have been and will be approved for installation requiring mandated variances.
Receipts to be deposited into this fund shall be monies collected from fees generated from application fees for all new onsite wastewater disposal installations, which require variance from the requirements of Title V or Article 7 and annual fees, assessed to owners of new and existing onsite wastewater disposal installations that require reporting, annual, or more frequent pumping, testing, or other actions by the owner, as required by their variance from Title V or Article 7. The Board of Health shall be authorized to expend from this fund.
Expenditures in Fiscal Year 2008 shall not exceed the balance carried forward from Fiscal Year 2007 plus monies deposited into the fund during FY 2008 and in any event shall not exceed Twenty Thousand ($20,000.00) dollars.
Or act in any way relating thereto.
BOARD OF HEALTH
J. Health Department Revolving Fund
That the Town reauthorize a revolving fund known as the Health Department Revolving Fund in accordance with M.G.L. Chapter 44, Section 53E½.
The purpose of this fund is to support health promotion clinics for Sharon residents including, but not limited to, influenza and pneumococcal vaccination clinics. Receipts to be deposited into this fund shall be monies collected through reimbursements for immunizations. The Board of Health shall be authorized to expend from this fund.
Expenditures in Fiscal Year 2008 shall not exceed the balance carried forward from Fiscal Year 2007 plus monies deposited into the fund during Fiscal Year 2008 and in any event shall not exceed Twenty Thousand ($20,000.00) dollars.
Or act in any way relating thereto.
BOARD OF HEALTH
****************************************************************
ARTICLE 31
To see if the Town will vote to amend its General By-Laws by creating the following new Article 2(c) , AAttendance by Town Board, Committee and Commission Members at Adjudicatory Hearings@:
SECTION 1. Purpose
This by-law is enacted pursuant to Massachusetts General Laws Chapter 39, Section 23D (b) for the purpose of establishing minimum additional requirements for attendance at scheduled Town board, committee and commission hearings under said statute as accepted by the Town of Sharon Special Town Meeting of November 13, 2006.
SECTION 2. Procedure
A member of any Town board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member=s absence from no more than a single hearing session of said board, committee or commission at which testimony or other evidence relative to the matter is received. Before any such vote, the board, committee or commission member shall certify in writing that he/she has examined all of the evidence submitted to said board, committee or commission at the missed session. This written certification shall become part of the record of the hearing. For purposes of this By-law, such evidence shall be all of the documents, maps, exhibits, submissions and other materials received by a board, committee or commission at the missed session. Said evidence shall also include an audio or video recording of the missed session. The reading or review of a transcript of any missed session does not alone satisfy the requirement that a member examine all of the evidence received by a board, committee or commission at the missed session.
Or to take any other action relative thereto.
FINANCE COMMITTEE
****************************************************************
And furthermore, in the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of the Town of Sharon qualified to vote in elections and Town affairs to meet at the High School Gymnasium on Pond Street in said Sharon on Tuesday the fifteenth day of May A.D. 2007, at 7:00 A.M. to cast their ballots for the following officers:
one member Board of Selectmen, three-year term;
one member, Board of Assessors, three-year term;
two members School Committee, three-year terms;
one member Planning Board, five-year term;
one member Housing Authority, three-year term; and,
two Trustees Public Library, three-year terms.
And for the following Ballot Question:
QUESTION NO. 1
Shall the Town of Sharon be allowed to assess an additional Two Million Nine-Hundred Thousand ($2,900,000) Dollars in Real Estate and Personal Property Taxes for the purposes of defraying charges and expenses of the Town, including the Public Schools, for the fiscal year beginning July 1, 2007?
Yes _______ No _______
And you are directed to serve this Warrant by posting attested copies of the same in accordance with the Town By-Laws.
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 9th day of April, A.D., 2007
WILLIAM A. HEITIN, CHAIR
WALTER JOE ROACH
RICHARD A. POWELL
BOARD OF SELECTMEN
SHARON, MASSACHUSETTS
____________________________________________
A True Copy: JOSEPH S. BERNSTEIN, Constable
Sharon, Massachusetts
Dated: April 9, 2007