ARTICLE LIST
ANNUAL TOWN MEETING
APRIL 13, 2004
Article 1 Omnibus Budget Fiscal 2004
Article 2 Omnibus Budget Fiscal 2005
Article 3 Morse Institute Library
Article 4 Bacon Free Library
Article 5 Collective Bargaining: Fiscal 2004 – Fire, Police
Article 6 Collective Bargaining
Article 7 Personnel Board
Article 8 Elected Officials Salary
Article 9 Capital Equipment
Article 10 Capital Improvement
Article 11 Lease/Repair
Article 12 Appropriation of Unused Landfill Bond Authorization
Article 13 Unpaid Bills
Article 14 School Bus Transportation Fees
Article 15 Rebate and/or Refund of School Bus Transportation Fees
Article 16 Rebate and/or Refund Trash Collection Fees
Article 17 Citizen Petition: Clubhouse Lane, Saddle Brook Road Sewer
Article 18 Commission on Disability: Handicap Improvements/Education Material
Article 19 Rescind Unused Authorized Debt
Article 20 Council on Aging Revolving Fund
Article 21 Board of Assessors: Increase Personal Exemption
Article 22 Amend Charter: Referendum Does Not Require Special Election
Article 23 Amend Charter: Referendum Follows Definite Action by Town Meeting
Article 24 Amend Charter: Town Meeting Member Eligibility
Article 25 Home Rule Petition: Property Fund – FAR Payments
Article 26 Home Rule Petition: Property Fund – FAR Payments
Article 27 Amend Zoning By-Laws: Establish Housing Overlay Option Plan (HOOP)
Article 28 Amend Zoning By-Laws: HOOP I (Washington Street and South Avenue)
Article 29 Amend Zoning By-Laws: HOOP II (South Avenue and Dewey Street)
Article 30 Amend By-Laws: Professional Services Contract
Article 31 Amend by-Laws: Removal of Utility Poles
Article 32 Acceptance of Chapter 137 of the Acts of 2003: Military Pay
Article 33 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 2004 (July 1, 2003 to June 30, 2004), and to see what budgets for Fiscal 2004 will be reduced to offset said additional appropriations, 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 2005 (July 1, 2004 to June 30, 2005), or take any action relative thereto.
ARTICLE 3
(Morse Institute Library)
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, 2004 to June 30, 2005.
ARTICLE 4
(Bacon Free Library)
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 5
(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) Local 1707 Firefighters
b) Natick Deputy Chiefs Association
c) Natick Patrol Officers Association
d) International Brotherhood of Police Officers, Local 622
ARTICLE 6
(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) SEIU Local 888 AFL-CIO (Dispatchers)
b) Natick Patrol Officers Association
c) International Brotherhood of Police Officers, Local 622
d) Local 1116 Laborers’ International Union
e) Local 1116 Laborers’ International Union, Clerical Workers
f) Local 1116 Laborers’ International Union, Recreation & Human
Services Employees
g) Local 1116 Library
h) Local 1707 Firefighters
i) Natick Deputy Chiefs Association
j) Natick Supervisors and Administrators Association
ARTICLE 7
(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 8
(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, 2004 as provided by Section 108 of Chapter 41 of the General Laws, as amended.
ARTICLE 9
(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 capital equipment for the various departments of the Town of Natick, or otherwise act thereon.
ARTICLE 10
(Town Administrator)
To see if the Town will vote to appropriate and raise, or otherwise provide, a sum or sums of money to implement a Capital Improvement Program, to protect the physical infrastructure of the Town of Natick, or otherwise act thereon.
ARTICLE 11
(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 12
(Board of Selectmen)
To see if the Town will vote to appropriate the unused balance of sums appropriated for the purpose of closing out and capping the landfill and related work and engineering services by vote of the April, 1994 Annual Town Meeting under Article 12, by vote of the October, 1996 Annual Town Meeting under Article 12, by vote of the December, 1998 Special Town Meeting under Article 5, and by vote of the April, 1999 Annual Town Meeting under Article 12 for the purposes of planning and constructing a municipal golf course which shall be partially in the Town of Sherborn, including the acquisition of any interest in land necessary therefore, the construction of a building, and the cost of original equipment and furnishings in connection therewith;
Or otherwise act thereon.
ARTICLE 13
(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 14
(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 15
(Finance Committee)
To see what sum of money the Town will vote to appropriate for the purpose of rebating and/or refunding fees collected by the Natick Public School Department during previous fiscal years for students that paid such fees, and who elected to use the school bus transportation system to and from Natick public schools. Said sum of money may include an amount to administer the rebating and/or refunding of said fees; or otherwise act thereon.
ARTICLE 16
(Finance Committee)
To see what sum of money the Town will vote to appropriate for the purpose of rebating and/or refunding fees collected by the Town during previous fiscal years for Natick residents who paid such fees for the Town’s weekly curbside collection of household rubbish. Said sum of money may include an amount to administer the rebating and/or refunding of said fees; or otherwise act thereon.
ARTICLE 17
(David D’Angelis, et al)
Registered voters of Precinct 6, Clubhouse Lane and Saddle Brook Road hereby request the Town to perform a cost study for the installation of main sewer trunk lines and lateral links. We prefer that this be a betterment cost study project and installation, but still request this cost study be performed in case the town is under budget restraints and cannot participate with its 25% funding of installation. We the residents may decide to fund the entire installation by ourselves if this be the situation. We ask that we receive an itemized quote, broken out with man hours, material, and vendor installation prices. We also ask that the Town receives the necessary permits to cross the Hultman Aqueduct from the MWRA if necessary since there is already a 25 foot wide right of way and a 20 foot drain
easement pre-existing about 180 feet from the right of way. We also request that the Town obtain the necessary easements from the property owners of Saddle Brook Road to install this system. We also ask that the Town present two estimates, one for a gravity sewer system and one with a forced main system. The determining factor for the choice of a system will be one that is the least cost of a total connection to an individual taxpayer not just the initial trunk lines and laterals. We also ask that this estimate be done in a timely manner within 90 days or less and that this estimate can then be voted on by the residents so that they may petition the Town for installation. It is also desired that if the majority of residents vote to proceed with this project, that it be implemented within a year of the petition. We the voters and residents do hereby request the town of Natick implement these estimates.
ARTICLE 18
(Town Administrator
Commission on Disability)
To see if the Town will vote to appropriate and raise, or otherwise provide a sum of money for the purchase and installation of audio tactile push button walk signals at various intersections in Natick, curb cut and access route installation and repairs and to provide for disability awareness/educational materials to be used with the public and private sector or otherwise act thereon.
ARTICLE 19
(Town Administrator)
To see if the Town will vote to rescind the following amounts of un-issued debt authorized for the following purposes;
Amount Rescinded Date of Vote Purpose
$719,800 June 10, 1997 School Planning
$500,000 June 7, 1988 Water Mains
$ 84,000 April 9, 1996 Sewer
$ 60,000 October 4, 2001 Roads
or take any other action relative thereto.
ARTICLE 20
(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 the oversight by the Council on Aging and not to exceed $15,000 expenditures in fiscal 2005.
ARTICLE 21
(Board of Assessors)
To see if the Town will vote to increase the Personal Exemption Amounts by 20% 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 22
Charter Amendment: Referendum Does Not Require Special Election
(Town Moderator)
To see if the Town will vote to approve an amendment to Section 2-13 of Chapter 2 of the Natick Home Rule Charter for submittal to the voters in order to (1) correct the procedures for calling the election so that they are in compliance with the General Laws; and (2) allow the Selectmen more latitude in scheduling the election. The following amendment is proposed:
(1) In Section 2-13 (c), in the second sentence:
(a) Delete the word "ten" and insert in its place the word "fourteen".
(b) Delete the words "call a special election to be held on a date fixed by it not less than fourteen nor more than twenty-one days later for submission of such question, or questions, to the voters for a final determination" and insert in their place the words "upon certification of the signatures, cause the question to be placed on the ballot at the next regular town election or, if the board of selectmen so votes, at a special election, any such election to be held not less than thirty-five days later".
As amended, the second sentence would read:
The board of selectmen shall, within fourteen days following the filing of such petition, upon certification of the signatures, cause the question to be placed on the ballot at the next regular town election or, if the board of selectmen so votes, at a special election, any such election to be held not less than thirty-five days later.
(2) In Section 2-13 (d), delete the word "Questions" and insert in its place the words "A question".
(3) In Section 2-13 (e), in the second sentence, in the phrase "at such special election", delete the word "special".
ARTICLE 23
Charter Amendment: Referendum Follows Definite Action by Town Meeting
(Town Moderator)
To see if the Town will vote to approve an amendment to Section 2-13 of Chapter 2 of the Natick Home Rule Charter for submittal to the voters in order to (1) define the referendum procedure so that it is only permitted to reverse the action taken by Town Meeting on an affirmative main motion properly introduced, debated, and either approved or disapproved; (2) describe the effect of subsidiary motions applied to the main motion; (3) revise the list of cases for which referendum is not allowed ; and (4) handle the issue of formulating the ballot question to insure that it is clear to the voters; or otherwise act thereon.
ARTICLE 24
(Board of Selectmen)
To see if the Town will vote to amend the Natick Home Rule Charter by adding the following language at the end of Article 2, Section 2-4(a):
“provided, however: (1) no person who holds an elected position in the Town of Natick, whether compensated or uncompensated for such elected position, shall be eligible to serve as a town meeting member; (2) no Town of Natick employee shall be eligible to serve as a town meeting member; and (3) no member of an appointed board or commission who is appointed to that position by an elected board, commission or official of the Town of Natick shall be eligible to serve as a town meeting member.”
As amended, Section 2-4(a) would read: “Eligibility – Any voter shall be eligible to be a candidate, to be elected and to serve as a town meeting member, provided, however: (1) no person who holds an elected position in the Town of Natick, whether compensated or uncompensated for such elected position, shall be eligible to serve as a town meeting member; (2) no Town of Natick employee shall be eligible to serve as a town meeting member; and (3) no member of an appointed board or commission who is appointed to that position by an elected board, commission or official of the Town of Natick shall be eligible to serve as a town meeting member.”
Or otherwise act thereon.
ARTICLE 25
(Board of Selectmen)
To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation in substantially the following form, provided that the General Court may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of this petition.
AN ACT AUTHORIZING
THE TOWN OF NATICK TO ESTABLISH
THE TOWN OF NATICK PROPERTY FUND
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding the provisions of Section 53 of Chapter 44 of the General Laws, or any other general law or special law to the contrary, the Town of Natick may establish a special fund in the Town treasury to be called the Town of Natick Property Fund, into which shall be deposited money paid to the Town of Natick pursuant to the Schedules of Bonuses in section 328 of the Natick Zoning By-Laws in lieu of providing open space.
Any income derived from the investment of such special fund shall remain with and become part of the fund. The Town Treasurer shall be the custodian of the special fund and shall make an accounting of the special fund to each annual town meeting. All amounts in the special fund may be applied as follows: a maximum of one-third (1/3) of such amounts may be applied to acquisition, maintenance, repair and enhancement of open space, including without limitation active and passive recreation; a maximum of one-third (l/3) of such amounts may be applied to the maintenance and repair of Town of Natick buildings; and a maximum of one-third (l/3) of such amounts may be applied to
the maintenance, repair, improvement and redevelopment of the Natick Center business area.
SECTION 2. This act shall take effect upon its passage.
Or otherwise act thereon.
ARTICLE 26
(Town Administrator)
To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation in substantially the following form, provided that the General Court may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of the petition.
AN ACT AUTHORIZING THE TOWN OF NATICK TO ESTABLISH VARIOUS PROPERTY FUNDS
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding the provisions of section 53 of chapter 44 of the General Laws, or any other general or special law to the contrary, the town of Natick may establish special funds in the town treasury into which shall be deposited money paid to the town of Natick pursuant to the schedule of bonuses in section 328 of the Natick zoning by-laws in lieu of providing open space. Said deposit requirements shall apply to all money paid to the town of Natick pursuant to said schedule of bonuses after the date of original approval by a Natick town meeting of a warrant article which authorizes the Natick Board of Selectmen to petition the General Court to enact legislation which accomplishes the purposes of this act.
All money received by the town of Natick pursuant to the schedule of bonuses in section 328 of the Natick zoning by-laws in lieu of providing open space shall be applied as follows: a maximum of one-third (1/3) of such amount shall be applied to the Open Space and Recreation Fund established in Section 2 herein; a maximum of one-third (1/3) of such amount shall be applied to the Building Capital and Maintenance Fund established in Section 3 herein; and a maximum of one-third (1/3) of such amounts shall be applied to the Natick Center Infrastructure Fund established in Section 4 herein. Application of funding according to this method shall be subject to review by town meeting every twenty (20) years after the effective date of this act. Upon such review, town meeting may nullify such allocation by majority
vote, requiring all money deposited into the special funds to be applied to the Town of Natick Property Fund established in Section 5 herein until a successor allocation method is established under home rule petition.
SECTION 2. Notwithstanding the provisions of section 53 of chapter 44 of the General Laws, or any general or special law to the contrary, the town of Natick may create and maintain a special fund in the town treasury to be known as the Open Space and Recreation Fund, which shall be kept separate and apart from all other accounts of the town by the town comptroller. The town treasurer shall be the custodian of the Open Space and Recreation Fund and may deposit the proceeds or invest the same in accordance with section 54 of chapter 44 of the General Laws. Interest and earnings on investments in the Open Space and Recreation Fund shall be credited to and become part of said fund. The town of Natick may appropriate money in any year into the Open Space and Recreation Fund by majority vote of town meeting.
The town of Natick may appropriate money from the Open Space and Recreation Fund by a majority vote of town meeting for the acquisition, maintenance, repair and enhancement of open space, including without limitation active and passive recreation.
The Open Space and Recreation Fund shall be subject to review by town meeting every twenty (20) years after the effective date of this act. Upon such review, town meeting may terminate the Open Space and Recreation Fund by majority vote and the balance of the terminated fund shall become available for appropriation for any purpose for which the town may borrow money. In the event of termination, money due to the Open Space and Recreation Fund pursuant to Section 1 shall be evenly distributed to the remaining funds established under this act.
SECTION 3. Notwithstanding the provisions of section 53 of chapter 44 of the General Laws, or any general or special law to the contrary, the town of Natick may create and maintain a special fund in the town treasury to be known as the Building Capital and Maintenance Fund, which shall be kept separate and apart from all other accounts of the town by the town comptroller. The town treasurer shall be the custodian of the Building Capital and Maintenance Fund and may deposit the proceeds or invest the same in accordance with section 54 of chapter 44 of the General Laws. Interest and earnings on investments in the Building Capital and Maintenance Fund shall be credited to and become part of said fund. The town of Natick may appropriate money in any year into the Building Capital and Maintenance Fund
by majority vote of town meeting.
The town of Natick may appropriate interest earned on principal from the Building Capital and Maintenance Fund by a majority vote of town meeting for any maintenance or capital investment purpose in buildings of the town. At no time shall the total appropriation from said fund exceed one-half of the interest earned on principal in said fund during the twelve (12) months prior to submission of the annual budget to town meeting. The principal balance of the Building Capital and Maintenance Fund shall not be available for appropriation for any reason except in the event of a financial emergency declared by the Board of Selectmen. In the event of a financial emergency declared by the Board of Selectmen the town may appropriate from the principal balance of the fund by a 2/3 vote of town meeting. Any appropriation from
principal shall be repaid within ten (10) years.
The Building Capital and Maintenance Fund shall be subject to review by town meeting every twenty (20) years after the effective date of this act. Upon such review, town meeting may terminate the Building Capital and Maintenance Fund by majority vote and the balance of the terminated fund shall become available for appropriation for any purpose for which the town may borrow money. In the event of termination, money due to the Building Capital and Maintenance Fund pursuant to Section 1 shall be evenly distributed to the remaining funds established under this act.
In the event that the town has borrowed from the principal balance of Building Capital and Maintenance Fund and has not fully repaid said borrowing at the time of the termination of said fund, the debt owed to said fund by the town shall become a debt owed to the stabilization fund to repaid over the remaining term of the debt formerly owed to the Building and Capital Maintenance Fund.
SECTION 4. Notwithstanding the provisions of section 53 of chapter 44 of the General Laws, or any general or special law to the contrary, the town of Natick may create and maintain a special fund in the town treasury to be known as the Natick Center Infrastructure Fund, which shall be kept separate and apart from all other accounts of the town by the town comptroller. The town treasurer shall be the custodian of the Natick Center Infrastructure Fund and may deposit the proceeds or invest the same in accordance with section 54 of chapter 44 of the General Laws. Interest and earnings on investments in the Natick Center Infrastructure Fund shall be credited to and become part of said fund. The town of Natick may appropriate money in any year into the Natick Center Infrastructure Fund by
majority vote of town meeting.
The town of Natick may appropriate money from the Natick Center Infrastructure Fund by a majority vote of town meeting for the design, construction, reconstruction, renovation, maintenance and replacement of infrastructure in the downtown section of Natick.
The Natick Center Infrastructure Fund shall be subject to review by town meeting every twenty (20) years after the effective date of this act. Upon such review, town meeting may terminate the Natick Center Infrastructure Fund by majority vote and the balance of the terminated fund shall become available for appropriation for any purpose for which the town may borrow money. In the event of termination, money due to the Natick Center Infrastructure Fund pursuant to Section 1 shall be evenly distributed to the remaining funds established under this act.
SECTION 5. Notwithstanding the provisions of section 53 of chapter 44 of the General Laws, or any general or special law to the contrary, the town of Natick may create and maintain a special fund in the town treasury to be known as the Town of Natick Property Fund, which shall be kept separate and apart from all other accounts of the town by the town comptroller. The town treasurer shall be the custodian of the Town of Natick Property Fund and may deposit the proceeds or invest the same in accordance with section 54 of chapter 44 of the General Laws. Interest and earnings on investments in the Town of Natick Property Fund shall be credited to and become part of said fund.
The Town of Natick Property Fund shall serve as the repository for payments received pursuant to Section 1 of this act in the event that town meeting nullifies the allocation of money received pursuant to the provisions of Section 1. Money deposited in the Town of Natick Property Fund shall not be available for appropriation until a successor allocation method to that established in Section 1 is established by majority vote of a Natick town meeting.
SECTION 6. This act shall take effect upon its passage.
ARTICLE 27
(Planning Board)
To see if the Town of Natick will amend it’s Zoning By-Laws in the following respects, or otherwise act thereon:
ITEM 1:
In Section 108 – PURPOSE OF AFFORDABLE HOUSING DEVELOPMENT PROGRAM make the following changes:
In the first sentence:
Delete the word “overlay”, and add the words “and the Housing Overlay Option Plan – I & II (HOOP – I and HOOP - II) districts” following the words “residential districts”
In the second sentence:
Replace the words “the inclusionary overlay zoning” with the words “these overlay zoning districts”;
Add the words “redevelopment of land and buildings in urban centers consistent with smart growth principles and to encourage” after the word “encourage”
so that after making these changes this Section 108 shall read as follows:
“Within the purposes expressed in Section 100 and in Massachusetts General Laws Chapter 40A, the particular intent of these By-Laws relating to the elective inclusionary zoning in all residential districts and the Housing Overlay Option Plan – I & II (HOOP-I and HOOP-II) districts is to increase the production of housing units affordable to persons of low and moderate income. Affordable housing may be created by employing the incentives offered under these overlay zoning districts which is intended to encourage utilization of the Town’s remaining developable land in a manner consistent with local housing policies and needs, to encourage redevelopment of land and buildings in urban centers and to encourage new housing developments to contain a proportion of the housing units
affordable to persons of low and moderate income by offering bonuses of increased density to encourage the creation of such housing. Accordingly, the goals of this development program are to: increase the supply of housing in the Town that is available to and affordable by low and moderate income households; to encourage a greater diversity of housing accommodations to meet the needs of family households and other Town residents; and to promote a reasonable mix and distribution of housing opportunities in residential neighborhoods throughout the Town.”
ITEM 2:
Add the following to the end of Section II-A. TYPES OF DISTRICTS:
“Housing Overlay Option Plan – I HOOP – I
“Housing Overlay Option Plan – II HOOP - II
ITEM 3:
In Section “VI-DD SITE PLAN REVIEW.2 Applicability and SPGA Designation” add
”Housing Overlay Option Plan – I (HOOP – I)” and ”Housing Overlay Option Plan – II (HOOP – II) to the list of Zoning Districts to be administered by the Planning Board.
ITEM 4:
Insert a new section III-A.6.B- to follow III-A.6.A.6- to read as follows:
B- HOUSING OVERLAY OPTION PLAN – (HOOP)
1. PURPOSE
The purpose of this Housing Overlay Option Plan is to create overlay districts in selected areas of the Town in order to enhance the public welfare by increasing the production of dwelling units affordable to persons and households of low and moderate income in a manner consistent with the character of the downtown area. In order to encourage utilization of the Town’s remaining developable land in a manner consistent with local housing policies and needs, new housing developments in the HOOP Districts are required to contain a proportion of dwelling units affordable to persons or households of low and moderate income. This requirement will reduce sprawl by developing land that is underutilized and is located in Natick Center where public transportation is available. Development under the provisions of
this bylaw, or under MGL Chapter 40B, Sections 20-23 is encouraged to take place in the HOOP Districts. It is desirable in these overlay districts to provide for: pedestrian areas within and between housing complexes; public parks; open space and additional open space resulting from placing parking under buildings or underground.
2. APPLICABILITY
The provisions of this section may be utilized on any land located within the HOOP – I and HOOP - II districts, subject to the requirements and standards set forth in this Section.
All regulations of the underlying zoning districts shall apply within the HOOP – I and HOOP – II Districts, except to the extent that they are specifically modified or supplemented by regulations set forth in this Section. Where requirements and standards within the HOOP - I and HOOP – II Districts, as set forth in this Section, differ from or conflict with applicable requirements and standards set forth elsewhere in this By-Law, the requirements and standards established for the HOOP – I and HOOP – II Districts shall take precedence.
3. DENSITY
a) The maximum number of dwelling units allowed in the Housing Overlay Option Plan – I (HOOP - I) District shall equal the net land area which shall mean the gross area of the parcel divided by 2,500 square feet, rounded to the nearest whole number. At least fifteen percent (15%) of this total number of dwelling units shall be Affordable Housing Units as defined in Section 200 herein (see also the definition of Subsidized Housing herein).
b) The maximum number of dwelling units allowed in the Housing Overlay Option Plan – II (HOOP - II) District shall equal the net land area which shall mean the gross area of the parcel divided by 3,500 square feet, rounded to the nearest whole number. At least fifteen percent (15%) of this total number of dwelling units shall be Affordable Housing Units as defined in Section 200 herein (see also the definition of Subsidized Housing herein).
c) The number of dwelling units allowed in the HOOP - I and HOOP – II Districts may be limited by the ability to provide adequate off-street parking, in accordance with the requirements of Section V-D of these By-Laws.
4. BONUSES, USES
a) Where the SPGA, in its discretion, finds that, in addition to the project's meeting the requirements under site plan review under § VI-DD of this bylaw, the following criteria are met for parcels in the HOOP – I District, then the maximum number of dwelling units allowed shall equal the gross area of the parcel divided by 1,500 square feet, rounded to the nearest whole number, and where the SPGA, in its discretion, finds that, in addition to the project's meeting the requirements under site plan review under § VI-DD of this bylaw, the following criteria are met for parcels in the HOOP – II District, then the maximum number of dwelling units allowed shall equal the gross area of the parcel divided by 3,000 square feet, rounded to the nearest whole number.
The criteria to be met are:
The Site Plan offers the Town a landmark project with area-wide benefits;
The Site plan demonstrates an overall planning concept and design of individual structures and parcels that is consistent and harmonious with the existing town center streetscape and character and which strengthens the town center's integral and vital role in the greater community;
The Site Plan includes a professional landscape plan with substantial planting;
The Site Plan includes a lighting plan that lights the project in a pedestrian-friendly, aesthetically pleasing manner;
The Site Plan includes other elements found beneficial by the Design Review Board.
5. INTENSITY REGULATIONS FOR THE HOOP DISTRICTS
HOOP – I HOOP - II
Minimum lot area 15,000 square feet 20,000 square feet
Continuous frontage minimum of 100 feet minimum of 100 feet
Minimum depth 75 feet 75 feet
Minimum setback, front 10 feet 10 feet
Minimum side-yard setback 5 feet 5 feet
Minimum rear-yard setback 5 feet 5 feet
Maximum building coverage 40% 40%
Maximum building height 40 feet 40 feet
Minimum open space 35% 45%
6. OPEN SPACE
The open space requirement may be met with the provision of publicly accessible parks and walking trails on or off-site and located within the HOOP – I or HOOP – II district. Each square foot of land provided as a public park, not to include wetlands, shall count as 1.5 square feet of required open space.
7. MODIFICATIONS AND WAIVERS
The SPGA may modify and/or waive strict compliance with one or more of the regulations in any of the HOOP districts provided that it makes a specific finding, in writing, that such waiver and/or modification will not create conditions which are substantially more detrimental to the existing site and the neighborhood in which the site is located, than if the waiver and/or modification were not granted, and further that such waiver and/or modification is necessary in order to encourage the creation of Affordable Housing units.
8. AFFORDABILITY
a) Affordability shall be determined in accordance with the definition of Subsidized Housing found in Section 200. The Planning Board shall adopt rules and regulations regarding the sale or rental of all Affordable Housing units. Unless otherwise regulated by a Federal or State agency under a financing or other subsidy program, at least fifty percent (50%) of the Affordable Housing units shall be initially offered to residents and/or employees of the Town of Natick. Residency and employment in Natick shall be established through Town Clerk certification.
b) All Affordable Housing units shall be maintained as such in perpetuity, or for as long as legally permissible, by the use of appropriate restrictions in deeds, lease provisions or other mechanisms as permitted under the Massachusetts General Laws and as approved by the SPGA.
9. DESIGN CRITERIA
The Applicant shall submit plans for all buildings, landscaping, and structures to the Design Review Board, which shall submit a report to the Special Permit Granting Authority for consideration during its special permit hearing. The Design Review Board report shall include its determination regarding the extent to which the proposed development meets any or all of the criteria set forth in subparagraph 4.b) above, and whether the project shown on the Site Plan is designed, located and constructed to afford the following:
a. Compatibility of architectural styles, scales, building materials and colors within the development;
b. Variations in façade, roof lines and interior layouts of dwelling units, including the design of units that are handicapped accessible;
c. Harmonious relationship of buildings and structures to each other and their environs with adequate light, air, circulation, privacy and separation; and
d. The capability for constant surveillance, orientation and recognition.
ITEM 5.
In Section V-D.3 Parking Facilities Required by Category of Parking Demand in subsection b) For Multiple-Family Dwellings, insert the following sentence after the second sentence, to read as follows:
“Two (2) spaces for each dwelling unit in any HOOP District.”
ARTICLE 28
(Planning Board)
To see if the Town of Natick will amend it’s Zoning By-Laws in the following respects, or otherwise act thereon:
Insert a new Section II-B.8.a. to follow Section II-B.7.c., to read as follows:
“8.a. There shall be a Housing Overlay Option Plan - I (HOOP-I) District within the following described areas:
Area a):
BEGINNING at a point located at the intersection of the centerlines of Washington Street and South Avenue and proceeding in an easterly direction along the centerline of South Avenue to its intersection with a line which is the extension of the easterly property line of Lot 317; thence turning and running northerly along said extension line and the easterly property line of Lot 317 until it intersects with the northerly property line of Lot 317; thence turning and running in a westerly direction along the northerly property lines of Lots 317, 318, 319, 320, 321A, 321B 322A, 322B, 323 and 324; and thence continuing along a line which is the extension of the northerly property line of Lot 324 until its intersection with the centerline of Washington Street; thence turning and running southerly along the
centerline of Washington Street until the POINT OF BEGINNING
Area b):
BEGINNING at a point which is the intersection of the centerline of Washington Street and a line which is an extension of the southerly property line of Lot 395 as shown on Assessors’ Map 44; thence continuing easterly along such extension line and the southerly property lines of Lots 395, 396 and 405 to a point which is the intersection of the southerly property line of Lot 405 and a line which is the extension of the easterly property line of Lot 399; thence continuing northerly along such extension line and the easterly property line of Lot 399 to its end; thence continuing northerly along a line which is an extension of the easterly property line of Lot 399 until its intersection with the centerline of North Avenue; thence turning and running westerly along the centerline of North Avenue
until its intersection with the centerline of Florence Street; thence turning and running northerly along the centerline of Florence Street until its intersection with a line which is the extension of the northern property line of Lot 406; thence turning and running westerly along said extension line and the northerly property line of Lot 406 to its intersection with the western property line of Lot 406; thence turning and running southerly along the western property line of Lot 406 until its intersection with the northern property line of Lot 407; thence turning and running westerly along the northern property line of Lot 407 to its intersection with the northern property line of Lot 408; thence turning and running southerly along the western property line of Lot 407 and an extension line therefrom to its intersection with the centerline of North Avenue; thence turning and running westerly along the centerline of North Avenue until its intersection with the centerline of Washington
Street; thence turning and running southerly along the centerline of Washington Street to the POINT OF BEGINNING
ARTICLE 29
(Planning Board)
To see if the Town of Natick will amend it’s Zoning By-Laws in the following respects, or otherwise act thereon:
Insert a new Section II-B.8.b to follow Section II-B.8.a., to read as follows:
“8.b. There shall be a Housing Overlay Option Plan - II (HOOP-II) District within the following described areas:
Area a):
BEGINNING at a point located at the intersection of the centerlines of South Avenue and the centerline of Dewey Street; thence turning and running southeasterly along the centerline of Dewey Street to a line which is the extension of the southerly property line of Lot 312 as shown on the Assessor’s Map 44; thence proceeding along the southerly, easterly and northerly property lines of said Lot 312; and thence continuing along a line extending from the northerly property line of said Lot 312 until it intersects with the centerline of Dewey Street; and thence turning and continuing along the centerline of Dewey Street until the POINT OF BEGINNING
ARTICLE 30
(Board of Selectmen)
To see if the Town will vote to amend Article 41, Section 1 of the Town of Natick By-Laws by adding the following sentence to the fourth paragraph of Section 1:
“This section shall apply to architectural consulting services and engineering consulting services for which no procurement process is required by Massachusetts law.”
so that the fourth paragraph of Section 1 of Article 41 shall read:
“This section shall not apply to professional services, or to services performed by a person regularly employed by the Town as part of the duties of such employment. This section shall apply to architectural consulting services and engineering consulting services for which no procurement process is required by Massachusetts law.”
Or otherwise act thereon.
ARTICLE 31
(Board of Selectmen)
To see if the Town will vote to amend the Town of Natick By-Laws by adding a new Article 78 which reads:
“Prompt Removal of Utility Poles
Consistent with the provisions of Section 34B of Chapter 164 of the Massachusetts General Laws, an electric distribution company or telephone company engaging in the removal of an existing pole and the installation of a new pole in place thereof shall complete the transfer of wires, all repairs and the removal of the existing pole from the site within ninety days from the date of installation of the new pole or within ninety days from the effective date of this by-law, whichever is later; provided, however, that for any approved commercial or industrial construction project, the completion of which is expected to take longer than one year, said company shall be required to remove such pole within six months from the date of installation of the new pole. The owner of such pole shall notify
all other users of the starting date of such removal and installation work at least forty-eight hours prior to the commencement of such work, and said owner shall require all other users to remove their wiring and other attachments from the poles in a timely manner.
For purposes of this provision the term “owner” shall mean the entity which holds legal title to the pole or which holds a majority interest in legal title to the pole.
Violations of the terms of this Article 78 shall be punishable by a penalty of one hundred dollars ($100.00) for each pole for each day of violation. This Article 78 may be enforced by a non-criminal disposition pursuant to Chapter 40, Section 21D of the Massachusetts General Laws by any police officer, the Inspector of Buildings or the Director of Public Works of the Town.”
or otherwise act thereon.
ARTICLE 32
(Board of Selectmen)
To see if the Town will vote to accept the provisions of Section 1 of Chapter 137 of the Acts and Resolves of 2003, an Act Relative To Public Employees Serving in the Armed Forces of the United States, which would provide that an employee of the Town of Natick who has been granted a military leave of absence because the employee is a member of the army national guard, the air national guard or a reserve component of the armed forces of the United States called to active service in the armed forces of the United States after September 11, 2001, shall be entitled to receive pay at his regular base salary as such a public employee, and shall not lose any seniority or accrued vacation leave, sick leave, personal leave, compensation time or earned overtime. Any employee eligible under said Section 1 shall be paid his
regular base salary as such a public employee for each pay period of such military leave of absence after September 11, 2001, reduced by any amount received from the United States as pay or allowance for military service performed during the pay period, excluding overtime pay, shift differential pay, hazardous duty pay or any other additional compensation. For purposes of said Section 1 the words “active service” shall not include active duty for training in the army national guard or the air national guard or as a reservist in the armed forces of the United States.
or otherwise act thereon.
ARTICLE 33
(Board of Selectmen)
To hear and act upon the reports of the several Town officers and reports of committees authorized by vote of any further Town Meeting and to authorize a sum of money for the purpose thereof.
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