ANNUAL TOWN MEETING

April 12, 2005

 

Article 1           Omnibus Budget Fiscal 2005

Article 2           Omnibus Budget Fiscal 2006

Article 3           Collective Bargaining:  Fiscal 2004 – Police, Dispatchers

Article 4           Collective Bargaining:  Fiscal 2005 – Police, Dispatchers

Article 5           Elected Officials Salary

Article 6           Morse Institute Library

Article 7           Bacon Free Library

Article 8           Personnel Board

Article 9           Title V Assistance Program

Article 10         Hebrew Cemetery Association:  Use of Lots 141 & 142 Fairview Ave

Article 11         Board of Assessors:  Increase Personal Exemption

Article 12         Adjustment FY05 Retirement System Funding

Article 13         School Bus Transportation

Article 14         Amend Bond Authorization:  Clubhouse Lane, Saddlebrook Road

Article 15         Council on Aging Revolving Fund

Article 16         Conservation Wetlands Revolving Fund

Article 17         Surplus Vehicle Revolving Fund

Article 18         Unpaid Bills

Article 19         Lease/Repair

Article 20         Fire Chief:  Increase to Annual Fire Alarm Master Box Fee

Article 21         Commission on Disability:  Increase Allocation of Handicapped Parking

                                    Fines & Provide for Handicap Improvements

Article 22         Increase in Handicapped Parking Violation Fees

Article 23         Sewer Betterment – Natick Mall

Article 24         Amend Zoning By-Laws:  Noncriminal Disposition of Violations of

                                    Planning Board and Zoning Board of Appeals Decisions

Article 25         Amend Zoning By-Laws:  Increase in Fines

Article 26         Amend Zoning By-Laws:  Natick Mall Project

Article 27         Street Acceptance:  Whitridge Road

Article 28         Capital Equipment

Article 29         Capital Improvement

Article 30         Capital Improvement – Schools

Article 31         Planning and Constructing of New Senior Center

Article 32         Major Capital Project Review Committee

Article 33         Home Rule Petition:  Removal of Police Chief Position from Civil Service

Article 34         Home Rule Petition:  Removal of Fire Chief Position from Civil Service

Article 35         Citizen Petition:  Increase Senior Exemption Eligibility

Article 36         Citizen Petition:  Increase Tax Work Program Limit

Article 37         Moderator:  Referrals at Previous Meetings

Article 38         Citizen Petition:  Reinstatement of Public Works Commissioners

Article 39         Citizen Petition:  Community Preservation Act Study Committee

Article 40         Town Meeting Member Handbook Revision Committee

Article 41         Committee Article

                                                                                     

                                                                                     

 

 

 

ARTICLE 1

(Town Administrator)

 

To determine what sum or sums of money the Town will appropriate and raise, or transfer from available funds, for the operation of the government of the Town of Natick, including debt and interest, and to provide for a reserve fund for Fiscal Year 2005 (July 1, 2004 to June 30, 2005), or take any action relative thereto.

 

 

ARTICLE 2

(Town Administrator) 

 

To determine what sum or sums of money the Town will appropriate and raise, or transfer from available funds, for the operation of the government of the Town of Natick, including debt and interest, and to provide for a reserve fund for Fiscal Year 2006 (July 1, 2005 to June 30, 2006), and to see what budgets for Fiscal 2006 will be reduced to offset said additional appropriations, or take any action relative thereto.

 

 

ARTICLE 3

(Town Administrator)

 

To see if the Town will vote to raise and appropriate, or otherwise provide, the funds necessary to implement the Terms of Agreements reached between the Town and the following collective bargaining units for Fiscal 2004:

 

a)         Natick Patrol Officers Association

b)         International Brotherhood of Police Officers, Local 622

c)                    SEIU Local 888 AFL-CIO  (Dispatchers)

 

 

ARTICLE 4

(Town Administrator)

 

To see if the Town will vote to raise and appropriate, or otherwise provide, the funds necessary to implement the Terms of Agreements reached between the Town and the following collective bargaining units:

 

a)         Natick Patrol Officers Association

b)         International Brotherhood of Police Officers, Local 622

c)             SEIU Local 888 AFL-CIO  (Dispatchers)

 

 

ARTICLE 5

(Town Administrator)

 

To see if the Town will vote to fix the salary and compensation of all elective officers of the Town of Natick for the fiscal year which begins on July 1, 2005 as provided by Section 108 of Chapter 41 of the General Laws, as amended.

 

 

ARTICLE 6

(Morse Institute Library Trustees)

 

To see what sums of money the Town will vote to raise and appropriate, or otherwise provide, for the maintenance and operation of the Morse Institute Library, for the Fiscal Year July 1, 2005 to June 30, 2006.

 

 

ARTICLE 7

(Bacon Free Library Trustees)

 

To see what sum of money the Town will vote to raise, borrow or transfer and appropriate for the maintenance of the Bacon Free Library, or otherwise act thereon.

 

 

 

ARTICLE 8

(Town Administrator)

 

To see if the Town, pursuant to the authority contained in Section 108A of Chapter 41 of the General Laws, will vote to amend the by-laws by adding to Article 24, Section 3, a new paragraph deleting certain position titles, adding new position titles and effecting changes in the salary ranges as presently established and will provide the money necessary therefore, or take any action relative thereto.

 

 

ARTICLE 9

(Board of Health)

 

To see if the Town will vote to appropriate a sum of money for the purpose of financing the following water pollution abatement facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements with the Board of Health and residential property owners, including without limitation all costs thereof as defined in Section1 Chapter 29C of the General Laws; to determine whether this appropriation shall be raised by borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise, or to take any other action relative thereto.

 

 

ARTICLE 10

(Town Administrator)

 

To see if the Town will vote, pursuant to Chapter 114, Section 34 of the Massachusetts General Laws, to allow the land located at 43 Fairview Avenue, Natick, MA., to be used for burial purposes.  Said land is described in a deed from the Town of Natick by the Natick Board of Selectmen to the Hebrew Cemetery Association, Inc. dated May 22, 2000 and recorded with the Middlesex South District Registry of Deeds at Book 31437, Page 409.  Said land is shown on Town of Natick Assessors’ Map 59 as parcel 40 and is shown as Lots 141 and 142 on a plan of land entitled “Plan of Land in Natick, Massachusetts (Middlesex County) Prepared For:  Hebrew Cemetery Assoc., Inc.” dated October 6, 2004, prepared by Schofield Brothers of New England, Inc., which plan is recorded with the Middlesex South District Registry of Deeds as Plan Number 96 of 2005;

 

or otherwise act thereon.

 

 

ARTICLE 11

(Board of Assessors)

 

To see if the Town will vote to increase the Personal Exemption Amounts by 22.5% under the provisions of Chapter 126 of the Acts of 1988 which provides for “Optional Additional Property Tax Exemptions” allowing an annually determined, uniform increase in the amount of exemption in General Laws, Chapter 59 Section 5 Clauses 17D, 22, 22A, 22B, 22C, 22D, 22E, 37A and 41C (elderly person, disabled veteran, or blind person).

 

 

ARTICLE 12

(Town Administrator)

 

To determine what sum or sums of money the Town’s General Fund will appropriate and raise, or transfer from available funds, for the purpose of funding the over assessment of Water and Sewer pension liability, originally assessed to the Water and Sewer Enterprise and/or take any action relative thereto.

 

 

ARTICLE 13

(School Committee)

 

To see what sum of money the Town will vote to appropriate for the purpose of operation and administration of the school bus transportation system, and to reduce or offset fees charged for students who elect to use the school bus transportation system for transportation to and from school; or otherwise act thereon.

 

 

ARTICLE 14

(Town Administrator)

 

To see if the Town will vote to amend the vote of the Town passed under Article 13 of the October 19, 2004 Annual Fall Town Meeting which appropriated and authorized a borrowing of $352,000 to construct a system of sewer mains, lateral lines, trunk mains, and pump stations to service the areas of Clubhouse Lane and Saddlebrook Road, to reduce the amount of the borrowing to $262,000 and provide that $90,000 shall be transferred from available funds; or take any other action relative thereto.

 

 

ARTICLE 15

(Council on Aging)

 

To see if the Town will vote to accept the provisions of Chapter 44, Section 53E l/2 of the Massachusetts General Laws which allows towns to authorize separate revolving funds to which shall be credited receipts received in connection with the programs supported by such revolving fund.  The Council on Aging would establish a revolving fund for a subsidized transportation program with receipts credited to this revolving fund, expended by the Council on Aging Director with oversight by the Council on Aging and not to exceed $15,000 expenditures in a fiscal year.

 

 

ARTICLE 16

(Town Administrator)

 

 

To see if the Town will vote, pursuant to Chapter 44, Section 53E l/2 of the Massachusetts General Laws, to establish a revolving fund in order to utilize fees paid to the Conservation Commission by applicants pursuant to the Natick Wetlands Protection By Law for the purpose of hiring consultants; to authorize the Conservation Commission to expend money from said revolving fund for consultant services regarding applications to the Conservation Commission under Chapter 131, Section 40 of the Massachusetts General Laws and under the Natick Wetlands Protection By Law; to establish a limit on the total amount which may be expended from such fund in the fiscal year beginning July 1, 2005;

 

or otherwise act thereon.

 

 

 

 

 

 

ARTICLE 17

(Town Administrator)

 

To see if the Town will vote, pursuant to Chapter 44, Section 53E l/2 of the Massachusetts General Laws, to establish a revolving fund in order to utilize revenue from the sale of surplus vehicles to fund the purchase of vehicles and equipment at auction; to authorize the Department of Public Works, with the approval of the Town Administrator, to expend money from said revolving fund for the purchase of vehicles and equipment at auction; and to limit the total amount which may be expended from such fund to $15,000 for the fiscal year  beginning on July 1, 2005 or to act otherwise thereon.

 

 

ARTICLE 18

(Town Administrator)

 

To see if the Town will vote to raise and appropriate, or otherwise provide such sums of money as may be required for the payment of unpaid bills of previous years, incurred by the departments, boards and officers of the Town of Natick, or otherwise act thereon.

 

 

ARTICLE 19

(Town Administrator)

 

To see if the Town will vote to appropriate and raise, or otherwise provide, a sum or sums of money as may be required for the lease and/or repair of equipment for various departments of the Town of Natick, or otherwise act thereon.

 

 

ARTICLE 20

(Fire Chief)

 

To see if the Town Meeting would approve an increase to the annual fire alarm master box fee.  Increase the current fee of $150.00 to $300.00 or otherwise act thereon.

 

 

ARTICLE 21

(Commission on Disability)

 

To see if the Town will vote to increase from 75% to 100% the amount of monies allocated to the Commission on Disability as the result of fines generated from violations of handicapped parking laws

 

And further

 

To see if the Town will vote to appropriate and raise, or otherwise provide a sum of money not to exceed $5,500 for the purchase and installation of audio tactile push button walk signals at various intersections in Natick, curb cuts and access route installations and repairs, and to provide for disability awareness/educational materials to be used with the public and private sector or otherwise act thereon.

 

 

ARTICLE 22

(Commission on Disability)

 

To see if the Town in accordance with Massachusetts General Laws, Chapter 40:  Section 22A, will vote to raise the amount of fines for handicapped parking violations in the following amounts:

 

1)     Handicapped Parking Violations:  from $100.00 to $200.00

2)     Access Aisle Violations:  from $200.00 to $300.00

 

 

ARTICLE 23

(Town Administrator)

 

To see if the Town will amend Article 71 of the General By-laws of the Town as follows:

 

1.       To modify the first sentence of Section 2 of said Article 71 to read as follows:

 

          Other than in respect to the West Speen Street Pumping District, the Town Administrator shall assess sewerage construction costs to all properties receiving benefit of advantage on the basis of the unit method as hereinafter defined.

 

2.       To add the following sentence at the end of Section 2 of said Article 71:

 

          In the West Speen Street Pumping District, the Town Administrator shall assess the West Speen Street Sewer Construction Costs based upon the unit method to the properties in the West Speen Street Pumping District; or in case of other sewerage construction costs, shall assess sewerage construction costs in accordance with this By-Law.

 

3.                 To add the following two definitions to Article 71 respectively as Items (14) and (15):

 

(14)     West Speen Street Pumping District:  the land compromising Assessor’s Map 16, Lot 2 and Map 24, Lot 101.

 

(15)     West Speen Street Sewage Construction Cost:  all sewer improvements required to be constructed to accommodate sewage flow from the West Speen Street Pumpting District as part of the redevelopment and expansion at the Natick Mall as approved by the Planning Board in Decision 16-04 dated July 19, 2004, as the same may be modified, or as approved by an Approved Use Development Plan adopted by Town Meeting.

 

4.                 To modify the last two sentences of the first paragraph of Section 4 of said Article 71 to read as follows:

 

          Other than for West Speen Street Sewer Construction Costs, betterments shall be assessed for seventy-five percent (75%) of the cost of special and general benefit facilities with twenty-five percent (25%) of the cost to be paid by the Town.  In the West Speen Street Pumping District, betterments shall be assessed for one hundred percent (100%) of the cost of special and general benefit facilities for West Speen Street Sewer Construction Costs with no cost to be paid by the Town. 

 

5.                 To modify the fourth paragraph of Section 4 of said Article 71 to read as follows:

 

          Commercial and industrial and semi-public uses and all properties within the West Speen Street Pumping District shall be converted into sewer units on the         basis of the minimum frontage and depth requirements of the nearest single    family residential district with the largest common frontage.

 

or take any other action relative thereto.

 

 

ARTICLE 24

(Planning Board)

 

To see if the Town will vote to amend the Zoning By Laws by adding a new second paragraph to Section VI-F which reads:

 

            “Whoever violates any provision of these Zoning By Laws, any of the      conditions under which a permit is issued, or any decision rendered by the    Board of Appeals or the Planning Board, the violation of which is subject to a   specific penalty, may be penalized by a noncriminal disposition as provided in              Massachusetts General Laws Chapter 40, Section 21D.  A noncriminal                              disposition under this provision shall not preclude further judicial                                    proceedings regarding continuing violation of the Zoning By Laws beyond the                        date of said noncriminal disposition.”

 

or otherwise act thereon.

 

 

ARTICLE 25

(Planning Board)

 

To see if the Town will vote to amend Section VI-F of the Zoning By Laws by adding in the first sentence the words “or the Planning Board” after the words “Board of Appeals” and by deleting the word “twenty” in the first sentence and inserting in its place the words “two hundred” so that said Section VI-F would read:

 

            “Any person violating any provisions of this by law, any of the conditions        under which a permit is issued, or any decision rendered by the Board of          Appeals or the Planning Board, may be fined not more than two hundred    dollars for each offense.  Each day that such violation continues shall             constitute a separate offense.”

 

or otherwise act thereon.

 

 

ARTICLE 26

(Prince Okyere, et al)

 

ZONING PETITION RE: NATICK MALL

 

To see if the Town will amend its zoning by-law in the following respects, or otherwise act thereon:

 

Item 1:  The following shall be added as definitions, in alphabetical order, in Section 200:

 

Approved Use Development:  The use of a parcel for shopping mall use in accordance with an Approved Use Development Plan, including the provisions for parking contained therein.

 

Approved Use Development Plan:  A development plan described in Section VII of the Bylaw, the plans for which are on file with the Town Clerk and the Community Development Director;

 

Item 2:  There shall be added at the end of Section II.A.1. the following Use District: “Regional Center Planned Use Overlay District RCP.”

 

Item 3:  Insert a new Section II.B.7.d. that follows Section II.B.7.c. to read as follows:  “There shall be a Regional Center Planned Use Overlay District RCP within the following described area: Town of Natick Assessors’ Map 16, Lot 2.”

 

Item 4:  In Section 321, cancel the second sentence and substitute the following therefore:

 

There are four such overlay districts: Regional Center Planned Use Overlay District (RCP), the Mall Center Overlay (MC) district, the Regional Center Overlay (RC) district and the Highway Corridor Overlay (HC) district.  The Mall Center Overlay  (MC) district overlays a portion of the Regional Center Overlay (RC) district.  The RCP District overlays a portion of the MC Overlay District and a portion of the Regional Center Overlay (RC) District.

 

Item 5:  In Section 323, Use and Other Zoning Regulations, delete the first line following the title and substitute the following:  “323.0 Uses prohibited in the MC, RCP and RC Districts.”

 

Item 6:  Insert new Sections 323.1.7., 323.1.8, 323.1.9 and 323.1.10 as follows:

 

323.1.7  The RCP Overlay District is an overlay district established in respect of land which, because of its location and an existing developed condition, can be redeveloped intensively for commercial purposes without a material impact on natural resources and with financial benefits to the Town that will result in substantial contributions to the acquisition and preservation of open space and improvement of the infrastructure of the Town and the region as a whole.

 

323.1.8  To the extent that there is inconsistencies between the provisions of this By-law applicable to the RCP Overlay District and the underlying district (including the RC Overlay District, the MC Overlay District and the APD District), the provisions applicable to the RCP Overlay District shall govern even if such provisions are more permissive in the RCP Overlay District than in underlying and other overlay districts.

 

323.1.9  All uses permitted or allowed in the underlying zoning districts (including the RC Overlay District and the MC Overlay District) shall be permitted or allowed respectively on land in the RCP Overlay District.  In addition, Approved Use Development shall be permitted in the RCP Overlay District.  No special permit or site plan approval under Section 320 or Section VI-DD of this By-Law shall be required for an Approved Use Development.  An Approved Use Development for a shopping mall use shall also be permitted, as a phase of a shopping mall development for which special permits and site plan approval have been issued under Section 320 and Section VI-DD and such phase may be constructed and used as an Approved Use Development independent of such special permit.  If the Approved Use Development Plan is proposed to be modified, before any such modification may be made, the owner of the parcel for which such plan has been approved, shall seek a determination from the Planning Board whether such modification is material or minor.  If the Planning Board determines that the modification is material, then no such modification shall be permitted unless the Planning Board grants a special permit therefore.  If the Planning Board determines that such modification is minor, then no action approving the modification shall be required but the modification shall be filed with the Approved Use Development Plan then on file with the Town Clerk.

 

323.1.10  Before any building permit may issue for an Approved Use Development, the Building Inspector must receive approval from the Planning Board of the exterior lighting, signage and final elevations of buildings within the Approved Use Development.

 

Item 7:  In Section 324.6, Areas Excluded from FAR Computations, insert  in the third line:  “RCP:

 

Item 8:  In Section 324.6.6, insert “and RCP” after “MC.”

 

In Section 325.1.1, in the first line after the word District, insert “(other than in a RCP Overlay District).”

 

Item 9:  Insert a new Section 324.11 as follows:

 

324.11     FAR for Approved Use Development

The FAR for an Approved Use Development shall be as set forth in the Approved Use Development Plan, including provisions for contributions on account of Section 328 Bonus Density Provisions to be made to the Town’s open-space fund and on account of municipal infrastructure reflected in such Approved Use Development Plan.  If the parcel of land for which the Town has approved an Approved Use Development either has been or is included in the special permits and site plan approval issued under Section 320 and Section VI-DD, the combined FAR of the parcels shall not exceed the FAR permitted under the special permits and site plan approval.  Any FAR payments payable under the terms of an Approved Use Development plan shall be credited against those otherwise payable under such special permits and site plan approval.

 

Item 10:  Insert a new Section 325.1.4 as follows:

 

325.1.4  The base landscape surface ratio (LSR) in any RCP Overlay District shall be as set forth in the Approved Use Development Plan.

 

Item 11:  Insert a new Section 326.13 as follows:

 

326.13 The height limitation for an Approved Use Development shall be as set forth in the Approved Use Development Plan.

 

Item 12:  Insert in Section 326.5 as follows:

 

326.5    Dimensional Regulations in RCP Overlay District:  In lieu of the dimensional requirements of the underlying zoning district (including the RC and MC Overlay Districts as part of the HOD District), the following dimensional requirements shall be applicable: 

 

326.5.1  For an Approved Use Development, the dimensional requirements shall be as set forth in the Approved Use Development Plan.

 

Item 13:  At the end of Section 327.1, add the following:

 

“The landscaping for an Approved Development Use shall be as set forth in the Approved Development Use Plan and the provisions of this Section 327 shall not be applicable to an Approved Use Development Plan.”

 

Item 14:  Insert a new Section VII-Approved Use Development Plan for the Regional Center Planned Use Overlay District as follows:

 

“Section VII.  Approved Use Development Plan for the Regional Center Planned Use Overlay District

 

Statement of Facts:

 

This Approved Use Development Plan (the “Development Plan”) relates to the development for shopping mall use, including the provision for parking, at 330 Speen Street (the “Site”).  330 Speen Street is owned by GGP-Natick West LLC (the “Owner”) and is shown on Assessors’ Map 16, Lot 2.  The contemplated development is referred to herein as the “Phase I Mall Project.”

 

The Development Plan is intended to encourage the redevelopment for retail use in a Regional Center Planned Use Overlay District RCP.  The Site is located within the RCP Overlay District.  The Zoning By-Laws, as amended, allow as of right development pursuant to a Development Plan in the RCP Overlay District.  The provisions of the RCP Overlay District, the Development Plan (including its Table and Schedules) and the Plans (as defined below) govern the development of the Phase I Mall Project.

 

The Phase I Mall Project will be constructed in conformance with the Development Plan.  The Development Plan incorporates mitigation anticipated to mitigate the impacts anticipated from the shopping mall use.

 

The Phase I Mall Project is shown on the following plans prepared by Vanasse Hangen Bustlin of Watertown, Massachusetts (“VHB”) and Beyer Blinder Belle Architects & Planners LLP of New York, New York):

 

 

 

Sheet Number

Drawing Title

  Date

C-1

Legend and General Notes

11/30/04

C-2

Overall Site Plan

11/30/04

C-3

Phase I Parking Plan

11/30/04

C-4

Traffic Striping and Signage Plan

11/30/04

C-5

Layout and Materials Plan

11/30/04

C-6

Grading Drainage and Erosion Control Plan

11/30/04

C-7

Utility Plan

11/30/04

C-8

Ring Road Link Plan and Profile

11/30/04

C-9

Wetland Restoration Plan

11/30/04

      C-10

Sanitary Sewer Pump Station

11/30/04

      C-11

Site Details

11/30/04

      C-12

Site Details

11/30/04

      C-13

Site Details

11/30/04

      C-14

Site Details

11/30/04

      C-15

Site Details