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Minutes of 2004 Westport Annual Town Meeting
ANNUAL TOWN MEETING TOWN OF WESTPORT COMMONWEALTH OF MASSACHUSETTS JUNE 8, 2004
BRISTOL, SS.
To either of the constables of the Town of Westport in said County:
GREETINGS:
In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of the Town of Westport qualified to vote in elections and Town affairs, to assemble at the Westport High School on Tuesday, June 8, 2004 at 7:30 p.m., and then and there to act on the following articles, viz:
Agreeable to the warrant calling said meeting, the voters of the Town of Westport assembled at the Westport High School on the above date. The meeting was called to order at 7:34 p.m. by Moderator Steven Fors who appointed Representative Michael Rodrigues, Ben Prentice and Colin Boyle to act as tellers and they were duly sworn before the Town Clerk. Beverly Kut acted as timekeeper for the meeting in accordance with a by-law adopted under Article 45 of the Annual Town Meeting of 1963.
Selectmen Chairman, Elizabeth Collins asked Finance Committee Chairman, Chester Adams and Finance Committee member Veronica Beaulieu to step forward as she presented each with a citation from the Town for their years of service to the Town of Westport.
Voted: (Unanimously) that we advance the eleven articles of the consent calendar (Articles 7, 8, 9, 11, 12, 42, 43, 44, 45, 46 and 47) and that these articles be adopted as recommended by the Finance Committee.
ARTICLE 7 To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen to borrow from time to time in anticipation of revenue of the fiscal year beginning July 1, 2004 in accordance with the provisions of the General Laws, Chapter 44, Section 4, and to issue a note or notes, payable within one year, and to renew any note or notes therefore, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with the General Laws, Chapter 44, Section 17. BOARD OF SELECTMEN Voted: (Unanimously)
ARTICLE 8 To see if the Town will vote to raise and appropriate and/or transfer from other available funds and/or borrow a sum of money to be used in conjunction with, and/or in addition to any funds allocated by the Commonwealth and/or County for the engineering services, construction, reconstruction, and/or improvements of Town roads, and/or take any other action relative thereto. HIGHWAY DEPARTMENT Voted: (Unanimously)
ARTICLE 9 To see if the Town will vote to raise and appropriate and/or transfer from available funds and/or transfer from within existing appropriations a sum of $20,000 to be used for the engineering services, repair, resurfacing, reconstruction, drainage, and maintenance of Town roads, and/or take any other action relative thereto. HIGHWAY DEPARTMENT Voted: (Unanimously) from Taxation.
ARTICLE 11 To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of $1.00 for the purpose of maintaining during the ensuing year the mosquito control work as estimated and certified by the State Reclamation Board in accordance with the provisions of Chapter 112 of the Acts of 1931 and/or to take any other action relative thereto.
BOARD OF SELECTMEN Voted: (Unanimously) from Taxation.
ARTICLE 12To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of $770.00 to contract for environmental services directly related to Buzzards Bay, and/or take any other action relative thereto. BOARD OF SELECTMEN Voted: (Unanimously) from Taxation.
ARTICLE 42 To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2005, a revolving fund for the Council on Aging into which will be paid all receipts from health care promotion, recreational and social programs for seniors, except for receipts from the social day care program, from which costs not to exceed the sum of $30,000.00 for these same services may be expended without further appropriation by the Council on Aging and Board of Selectmen, and/or take any other action relative thereto.
COUNCIL ON AGING Voted: (Unanimously)
ARTICLE 43 To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2005, a revolving fund for the Council on Aging into which will be paid all receipts from the Social Day Care Program, from which costs not to exceed the sum of $60,000.00 for these same services may be expended without further appropriation by the Council on Aging and Board of Selectmen, and/or take any other action relative thereto. COUNCIL ON AGINGVoted: (Unanimously)
ARTICLE 44To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2005, a revolving fund for the Council on Aging into which will be paid all receipts from income-generating activities, except receipts from health care promotion, recreational and social programs, transportation activities, and the social day care program which are the source of receipts for other revolving funds, to support the Westport Senior Center from which costs not to exceed the sum of $10,000, for building operating/maintenance expenses, excluding salaries and wages of all full-time and part-time employees who are employed at said Senior Center, may be expended without further appropriation by the Council on Aging and Board of Selectmen, and/or take any other action relative thereto. COUNCIL ON AGING Voted: (Unanimously)
ARTICLE 45 To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2005, a revolving fund for the Council on Aging into which will be paid all receipts from transportation for seniors, from which costs not to exceed the sum of $20,000.00 for these same services may be expended without further appropriation by the Council on Aging and Board of Selectmen and/or take any other action relative thereto. COUNCIL ON AGING Voted: (Unanimously)
ARTICLE 46 To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2005, a revolving fund for the Westport Fire Department into which will be paid all receipts from Ambulance Fees, from which costs not to exceed $50,000 for the purchase of an ambulance, ambulance equipment and/or any incurred ambulance-related expense, not to include salaries, which may be expended without further appropriation by the Fire Department, and/or take any other action relative thereto. FIRE CHIEFVoted: (Unanimously)
ARTICLE 47 To see if the Town will vote to establish and reauthorize pursuant to the provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2005, a revolving fund for the Westport Cable Advisory Committee into which will be paid receipts from the additional License Fee, from which costs not to exceed $100,000.00 for cable services, equipment and/or supplies may be expended without further appropriation by the Cable Advisory Committee and Board of Selectmen, and/or take any other action relative thereto. CABLE ADVISORY COMMITTEE Voted: (Unanimously)
ARTICLE 1 To see if the Town will vote to transfer to reduce taxation certain sums of money from various articles approved by Town Meeting, when there is a balance remaining that is no longer required to accomplish the purpose for which the articles were originally passed, and/or take any other action relative thereto. FINANCE COMMITTEE/BOARD OF SELECTMEN
Voted: (Unanimously) $5,000. from the Fiscal Year 2003 appropriation. (Article 7 of the 2002 Annual Town Meeting - Library Roof Repair)
ARTICLE 2To see if the Town will vote to fix the salary and compensation of all elected Town Officers, and/or take any other action relative thereto. FINANCE COMMITTEE/BOARD OF SELECTMEN
Moderator $ 682 Selectmen - Chairman 6,279 Board Members (4) 24,712 Assessors - Board Members (3) 14,831 Board of Health - Members (3) 6,487 Highway Surveyor 60,857 Tax Collector 51,200 Town Clerk 51,200 Treasurer 51,200 Total $267,448
Voted: (Unanimously)
Voted: (Unanimously) to dispense with the reading of the warrant and the Constables return of the warrant.
ARTICLE 3 To see if the Town will vote to establish and authorize pursuant to the provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2005, a revolving fund for the electrical, plumbing and gas inspectors into which will be paid all receipts from fees and fines paid for electrical, plumbing and gas permits, from which costs not to exceed $40,000.00 for inspections performed, mileage, schooling, supplies, part-time clerical wages and other miscellaneous expenses may be expended without further appropriation by the Electrical, Plumbing and Gas departments. A start-up fund of $9,176 is to be established for the first year, and/or take any other action relative thereto. Voted: (Unanimously)
Voted: (Unanimously) to recess the Annual Town Meeting at 7:58 p.m. and open the Special Town Meeting.
TOWN OF WESTPORT SPECIAL TOWN MEETING WARRANT COMMONWEALTH OF MASSACHUSETTS JUNE 8, 2004
To either of the Constables of the Town of Westport in said County:
GREETINGS:
In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of the Town of Westport qualified to vote in elections and Town affairs, to assemble at the Westport High School on Tuesday, June 8, 2004 at 8:00 p.m., and then and there to act on the following articles, viz:
Voted: (Unanimously) to dispense with the reading of the warrant.
ARTICLE 1 To see if the Town will vote to raise and appropriate and/or transfer from available funds and/or transfer from various line items within the current appropriations such sums of money necessary to supplement the budgets of various departments for the fiscal year beginning July 1, 2003, and/or to take any other action relative thereto. BOARD OF SELECTMEN
========================================================================= FROM TO AMOUNT ========================================================================= Highway Pers. Services Highway Expenses $11,600 Veterans Encumb. Funds Veterans Benefits 1,175 Data Proc. Pers. Serv. Data Processing Expenses 4,500 Town Hall Pers. Servcies Town Hall Expenses 1,500 Selectmen Pers. Services Selectmen Expenses 7,500 Civil Defense Pers. Serv. Civil Defense Expenses 800 Receipts Reserve/Insurance Police Expenses 23,886
Voted: (Unanimously)
ARTICLE 2 To see if the Town will vote to raise and appropriate and/or transfer from available funds such sums of money necessary for the purpose of paying outstanding bills from prior fiscal years, and/or take any other action relative thereto. BOARD OF SELECTMEN
Kopelman & Paige $2,938.00 Postmaster 150.00 $3,088.00
Voted: (Unanimously) from Free Cash.
Voted: (Unanimously) to adjourn and dissolve the Special Town Meeting and reconvene the Annual Town Meeting at 8:02 p.m.
Hereof and fail not and make due return of this warrant with your doings thereon to the Town Clerk at the time and place of meeting.
Given under our hands at Westport this 17th day of May in the year two thousand four.
Elizabeth A. Collins, Chair
Stewart Kirkaldy
Steven J. Ouellette
Richard M. Tongue
David P. Dionne
WESTPORT BOARD OF SELECTMEN
Marlene Samson Town Clerk Westport, MA 02790
I this 20th day of May 2004, I posted 6 true attested copies of the forgoing warrant in the following named places:
Briggs Road Fire Station
State Road Package Store
Senior Center
Central Village Fire Station
Briere's Inc. a.k.a. Country Liquor & Variety
Town Hall
Daniel P. Sullivan Constable of Westport ARTICLE 4 To see if the Town will vote to raise and appropriate and/or transfer from available funds such sums of money considered necessary to defray the Town's expenses for a twelve month period beginning July 1, 2004 and appropriate the same to several departments and/or take any other action relative thereto. FINANCE COMMITTEE/BOARD OF SELECTMEN
ACCOUNTANT SALARIES 81,884 EXPENSES 12,097 93,981
APPEALS SALARIES 3,584 EXPENSES 2,825 6,409
ASSESSORS SALARIES 123,935 EXPENSES 3,402 127,337
BOARD OF HEALTH SALARIES 174,106 EXPENSES 11,220 185,326
BUILDING SALARIES 93,821 EXPENSES 6,432 100,253
CEMETERY SALARIES 111,193 EXPENSES 7,043 118,236
COLLECTOR SALARIES 99,308 EXPENSES 16,555 115,863
CONSERVATION SALARIES 62,400 EXPENSES 4,588 66,988
COA SALARIES 91,913 EXPENSES 13,700 105,613
DATA PROCESSING SALARIES 8,500 EXPENSES 42,400 50,900
DOG OFFICER SALARIES 23,114 EXPENSES 5,263 28,377
EL & REGRIST SALARIES 41,920 EXPENSES 19,693 61,613
EMERGENCY MANAGEMENTEXPENSES 2,5642,564 EMPLOYEES BENEFITSHEALTH INSURANCE 1,700,000LIFE INSURANCE 5,000FICA/MEDICARE 150,000UNEMPLOYMENT 35,000WORKERS' COMP 110,3942,000,394FINANCE COMMITTEE SALARIES 1,055EXPENSES 2,2003,255RESERVE FUND 100,000Mr. Chet Adams, Finance Committee Chairman, made a motion to hold the Reserve Fundline item until the end of the Annual Town Meeting.
FIRE SALARIES 1,170,956 EXPENSES 98,870 1,269,826
GAS INSPECTORS SALARIES EXPENSES
HIGHWAY SALARIES 486,364 EXPENSES 88,102 574,466
HWY SNOW & ICE SALARIES 38,202 EXPENSES 30,000 68,202
HISTORICAL COMMISSION 575 575
LANDFILL SALARIES 72,772 EXPENSES 191,439 264,211
LEGAL EXPENSES 105,000 105,000
LIBRARY SALARIES 148,302 EXPENSES 21,924 170,226
MODERATOR SALARIES 665 EXPENSES 101 766
NURSING SALARIES 26,211 EXPENSES 3,843 30,054 PARKING TICKETS 3,285 3,285
PERSONNEL SALARIES 484 EXPENSES 80 564
PLANNING BOARD SALARIES 64,537 EXPENSES 2,675 67,212
PLUMBING INSP SALARIES EXPENSES
POLICE SALARIES 1,863,101 EXPENSES 195,215 2,058,316
PROPERTY INSURANCE 203,100 203,100
RECREATION/COMMUNITY CTR SALARIES EXPENSES
REGIONAL SCHOOLS DIMAN 444,381 BRISTOL AGGIE 20,299 464,680
RETIREMENT 1,064,311 1,064,311
SEALER OF W & M SALARIES 1,563 EXPENSES 267 1,830
SELECTMEN SALARIES 174,448 EXPENSES 23,191 197,639
SHELLFISH SALARIES 60,601 EXPENSES 15,205 75,806
STREET LIGHTING 18,771 18,771
TOWN BEACH SALARIES 17,640 EXPENSES 3,875 21,515
TOWN BUILDING COMM SALARIES 484 EXPENSES 97 581
TOWN CLERK SALARIES 72,999 EXPENSES 1,325 74,324
TOWN FARM 2,816 2,816
TOWN HALL SALARIES 59,980 EXPENSES 40,800 100,780
TOWN REPORTS 4,223 4,223
TREASURER SALARIES 102,570 EXPENSES 26,525 129,095
UNCLASSIFIED
VETERANS GRAVES SALARIES 820 EXPENSES 1,937 2,757
VETERANS SERVICES SALARIES 30,048 EXPENSES 66,744 96,792
WIRE INSPECTORS SALARIES EXPENSES
SCHOOL SALARIES/EXPENSES 11,786,930 11,786,930
SCHOOL TRANSPORTATION 1,107,090 1,107,090
SRPEDD 2,291 2,291
LONG TERM INTEREST SCHOOL BOND 103,050 LANDFILL BOND 15,400 AGRICULTURAL OPEN SPACE 5,259 123,709
SHORT TERM INTEREST 15,000 15,000
DEBT RETIREMENT SCHOOL BOND 300,000 LANDFILL BOND 200,000 AGRICULTURAL OPEN SPACE 130,000 630,000
TOTAL BUDGETS 23,905,351 Voted: (Unanimously) all line items except the Reserve Fund for a total of $23,805,351.
Free Cash 9,400 Taxation 23,485,951 Retirement Interest 200,000 Perpetual Care 90,000 Wetlands 20,000 23,805,351
ARTICLE 5 To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to operate the Harbor Enterprise, and/or take any other action relative thereto.
Salaries $98,655 Expenses 25,000 Capital Outlay 29,000 Total $152,655 And that $152,655.00 be raised as follows: User Charges $98,655 Dredge Surcharge 25,000 Waterways 29,000 Total $152,655 BOARD OF SELECTMEN/HARBORMASTER/WHARFINGERVoted: (Unanimously) to amend Article 5 as follows:
Salaries $ 44,387 Expenses 29,351 Capital Outlay 89,000 Total $162,738 And that $162,738.00 be raised as follows: User Charges $108,738 Dredge Surcharge 25,000 Waterways 29,000 Total $162,738
Voted: (Unanimously) $133,738.00 from Harbor Enterprise and $29,000 from Waterways.
A motion to lay Article 5 on the Table was lost.
Voted: (Unanimously) Article 5 as amended.
ARTICLE 6To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to operate the Waterline Enterprise, and/or take any other action relative thereto.
Expenses $50,000.00Total $50,000.00
And that $50,000.00 be raised as follows: Department Receipts $50,000.00 BOARD OF SELECTMENVoted: (Unanimously) $50,000. from Water Enterprise.
ARTICLE 10To see if the Town will vote to raise and appropriate the sum of $533,700 for the purposes of funding capital items listed below as recommended by the Capital Improvement Planning Committee for the Fiscal Year beginning July 1, 2004, contingent on the passage of a capital exclusion Proposition 2 ½ ballot question. DEPARTMENT ITEM(S) FIN.COM. Police 3 Cruisers/Unmarked Cars $100,000 Fire Replacement of 1974 Tanker Truck 275,000 School Smoke/Heat Alarm System 73,700 School Refrigerator/Freezer – Elementary School 45,000Highway Dump Truck 40,000 $ 533,700
CAPITAL IMPROVEMENT PLANNING COMMITTEE A motion to amend Article 10 by removing the cruisers and fund them through articles 13, 27 and 33 was ruled out of order by Town Counsel. The amendment would exceed the scope of the article.
Voted: Carried.
ARTICLE 13To see if the Town will vote to raise and appropriate and or transfer from available funds a sum of money not to exceed $12,000 for the purpose of conducting a municipal management study of the Town of Westport together with recommendations pursuant to the management structure and functional responsibilities of existing town departments, and/or take any other action relative thereto. BOARD OF SELECTMEN Voted: to amend Article 13 by deleting "and or transfer from available funds" and insert after$12,000., "contingent upon the passage of a Proposition 2 1/2 override". Defeated.
Voted: $12,000. from Taxation. Carried.
Voted: to adjourn the Annual Town Meeting at 10:08 p.m. until tomorrow at 7:30 p.m.
There were 438 registered voters and 11 guests and visitors in attendance.
A true record, Attest:
Marlene M. Samson Town Clerk June 9, 2004The adjourned Annual Town Meeting was called to order at 7:32 p.m. by ModeratorSteven Fors who appointed Representative Michael Rodrigues, Ben Prentice and Colin Boyle to act as tellers for the meeting and they were duly sworn by the Town Clerk. Beverly Kut acted as timekeeper for the meeting.
A moment of silence was held due to the passing of former President Ronald Reagan. ARTICLE 14To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for a special act providing that legislation be adopted, in the form as on file with the Town Clerk, for the purpose of establishing a program whereby the Town would provide exemptions from the property taxes in exchange for complying deed restrictions ensuring that future sales of the subject homes would be restricted to prices deemed affordable to households of low and moderate income and authorizing the Board of Selectmen to adopt regulations to implement the program; provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to bill before enactment by the General Court; and provided further that the Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition, or take any other action relative thereto. BOARD OF SELECTMENVoted: Carried.
ARTICLE 15 To see if the Town will vote to amend the Westport Zoning By-Law, to add Article 11 Assisted and Independent Living Facilities By-Law as a use allowed by Special Permit of the Planning Board as follows:
11.0 ASSISTED AND INDEPENDENT LIVING FACILITIES
11.1. Purpose. The purpose of this Assisted and Independent Living Facility By-law is to provide a mechanism for the approval of:
11.1.1 assisted living facilities (ALFs) within a residential environment that offers supportive services to individuals who are unable to live independently in the community by offering supervision and/or assistance with basic activities of daily life, such as, but not limited to, dressing, bathing, toileting, and nutrition; and
11.1.2 independent living facilities (ILFs) that offer congregate living arrangements to persons over the age of fifty-five;
11.1.3 the development of ALFs and ILFs in a manner that conserves environmental features, woodlands, wet areas, open space, areas of scenic beauty, views and vistas as well as encouraging the renovation and rehabilitation of older, existing buildings; and
11.1.4 the development of ALFs and ILFs in a manner that is harmonious with the surrounding land uses while protecting natural resources and open space.
11.2. Definitions. Within this Section, the following terms shall have the following meanings:
Bedroom: A separate room intended for, or which customarily could be used for sleeping.
Dwelling unit: A residence, including studio units. Each residence shall contain a living area, bathroom and, except in studio units, one or more bedrooms, and may contain a kitchen area or combination kitchen/living area.
Land: Land, including areas covered by water.
Subdivision Regulations: The rules and regulations of the Planning Board relative to subdivisions.
Wetlands: Lands subject to the provisions of M.G.L. c. 131, ss.40 and 40A
11.3. Use Restrictions. An ALF and/or an ILF may be constructed, subject to the requirements set forth herein, upon the issuance of a special permit by the Planning Board.
11.3.1 Area, setback, height, frontage, and density requirements for ALF’s and ILF’s are set forth in Section 7.2.1.
11.3.2 No other use or structures shall be permitted, except as specifically provided herein.
11.3.3 An ALF or an ILF may consist of a single building or multiple buildings.
11.3.4 Structures and uses accessory to the ALF or ILF may also be provided within the same building, including, but not limited to, the following: beauty and barber salons; recreational, physical fitness and therapy services; nondenominational chapel; library; bank automated teller machine; management offices; adult day care or adult health care facility; hospice residence; food service; laundry and covered parking areas; provided, however, that such accessory uses and structures shall be designed for the primary use of the residents and staff of the ALF or ILF. Such accessory uses may not be designed for or used as a general business by the general public. Such accessory uses shall be wholly within a structure containing residential units, and shall have no exterior advertising display.
11.3.5 The facility shall be served by municipal water and/or sewer systems unless the applicant can provide on-site water supply and sewage treatment.
11.4 An application for special permit shall be on forms furnished by the Planning Board and accompanied by a special permit-filing fee determined by the Planning Board. The Planning Board may waive the submittal of technical information or documents otherwise required hereunder where the applicant demonstrates that, due to the simplicity of the proposal, such information is not necessary for or applicable to the Planning Board’s decision pursuant to this section. Unless so waived, an application for a special permit shall consist of the following:
11.4.1 The following plans:
11.4.1.1 a plan at a scale of 1” = 40’ , or other scale acceptable to the Planning Board, showing existing conditions, including: the topography of the site at a minimum of two foot intervals; vegetation and unique features, including wetlands, perennial streams and ponds, trees of more than 8" caliper, stonewalls, and rock outcroppings; slopes in excess of 15%; existing trails, paths and ways; open vistas; structures of historical importance; wildlife habitats, and existing easements and restricted areas;
11.4.1.2 a plan depicting the horizontal layout of the site, including types, location and layout of buildings, parking areas, vehicular and pedestrian circulation, stormwater facilities, lighting, signage, trash disposal areas, loading areas, etc.
11.4.1.3 elevation drawings of buildings and other major structures;
11.4.1.4 a grading plan depicting stormwater management provisions;
11.4.1.5 a landscape plan with planting schedule showing types, number and characteristics of proposed plantings;
11.4.1.6 detail drawings of drainage structures, signage, lighting, tree plantings, and other site features, as necessary.
11.4.1.7 Perspective drawings or 3-D models may be subsequently required by the Planning Board;
11.4.1.8 The Planning Board may describe the required content of the above plans in greater detail in regulations promulgated under this by-law.
11.4.2 The following narrative reports or data:
11.4.2.1 a proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated date of completion;
11.4.2.2 a development impact statement prepared by qualified professionals, detailing the impact of the development on the Town's capacity to furnish services including, but not limited to, roads, police, fire, emergency services , water and sewage treatment;
11.4.2.3 information pertaining to any organization which the Applicant proposes to form where the development is to be a condominium development, including forms and plans to be used to organize and manage the same, for approval as to form by Town Counsel;
11.4.2.4 copies of all proposed covenants, easements, and other restrictions which the Applicant proposes to grant to the Town, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are intended to apply, for approval as to form by Town Counsel;
11.4.2.5 a stormwater management plan complying with all local, state, and federal requirements, including drainage calculations, erosion and sedimentation control provisions during and after construction, and on-going maintenance plan.
11.4.2.6 any and all other information that the Planning Board may reasonably require in an acceptable form to assist in determining whether the Applicant's proposed development plan meets the objectives of this Section.
11.4.2.7 The Planning Board may describe the required content of the above plans in greater detail in regulations promulgated under this by-law.
11.4.3 Each such application shall be accompanied, if applicable, by a definitive plan of land pursuant to the provisions of Massachusetts General Law Chapter 41, sections 81-0 and 81-T, as the same may be from time to time amended and the Subdivision Regulations as well as a filing fee determined in accordance with the Subdivision Regulations. Approval of a special permit under this section shall not substitute for compliance with Subdivision Control Law, G. L. c. 41, ss81k et seq. A definitive subdivision plan submitted in connection with an approved special permit for an ALF or ILF shall substantially conform with plans upon which the special permit approval was based.
11.5. Standards. In order to be eligible for consideration for a special permit pursuant to this Section, the proposed development shall meet all of the following standards: 11.5.1 AFFORDABILITY: At least fifteen percent (15%) of the total number of dwelling units in an Independent Living Facility (ILF) which proposes more than ten units shall meet the definition of Affordable Units as defined in Article 1, Section 1.1 of the Westport Zoning By-Law. These affordable units shall be marketed and administered through the Westport Housing Authority with resale restrictions to assure continued affordability. Dwelling units reserved for occupancy by persons or families of low to moderate income, or for occupancy by a single individual, shall not be segregated from market rate or larger dwelling units in the development. 11.5.2 Open Space Requirement for ALFs and ILFs :
In the Residence/Agriculture districts a minimum of fifty (50) percent of the parcel shown on the Development Plan shall be contiguous open space. In the Business districts a minimum of thirty (30) percent of the parcel shown on the Development Plan shall be contiguous open space. Such open space may be separated by road(s) constructed within the development. Said contiguous open space shall have at any point the minimum width of 125 ft. The required open space shall be used for conservation, historic preservation and education, outdoor education, park purposes, existing agriculture, existing horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purposes. The required open space shall remain unbuilt upon, provided that five percent (5%) of such open space may be paved or built upon for structures accessory to the dedicated use or uses of such open space, community center, pedestrian walks, bike paths, and existing agriculture. The required open space shall be conveyed in conformance to the requirements provided in the Subdivision Regulations. Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively existing agricultural, horticultural, educational or recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes. 11.5.3 Buffer Areas
and Building Setbacks. The Planning Board may waive the buffer requirement (i) where the land abutting the site is the subject of a permanent restriction for conservation or recreation so long as a buffer is established of at least fifty (50') feet in depth which may include such restricted land area within such buffer area calculation; or (ii) where the land abutting the site is held by the Town for conservation or recreation purposes; or (iii) the site is a mixed-use area or a downtown area where providing a buffer is infeasible or is inconsistent with the Town’s planning goals for the area; or (iv) the Planning Board determines that a smaller buffer will suffice to accomplish the objectives set forth herein.
11.5.4 Removal and Replacement of Vegetation: Within the site, no clear cutting shall be permitted, except incidental to construction of buildings, roads, trails and parking areas.
11.5.5 Roadways: The principal roadway(s) serving the site shall be designed to conform with the standards of the Subdivision Regulations as they apply to Residential Streets, or the roadways may be designed to comply with the Town’s Secondary Road construction standards, but must be paved with asphalt. Gravel paving or any other non-asphaltic material may not be used as a finished pavement.
11.5.6 Parking: Notwithstanding any other provisions in this By-law to the contrary, the applicant shall provide adequate parking to serve all anticipated uses on the property, and shall provide information detailing the method of computation of parking spaces. The minimum number of parking spaces provided on the site shall be 0.3 parking space per dwelling unit in an ALF and 1.0 parking space per dwelling unit in an ILF. For both ALFs and ILFs one (1) additional parking space shall be provided for every three (3) employees during the largest shift. The Planning Board may increase the required parking by up to 10% to serve the needs of employees, visitors and service vehicles. All parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways, by a landscaped border at least ten (10) feet in width. Parking lots in front setbacks in residential zones, and in buffer areas in all zones, with the exception of necessary access driveways, are prohibited. Parking areas in residential districts shall be located to the side or rear of all buildings. Parking lot layout shall be planned to permit landscaping, buffering, or screening to prevent direct views of parked vehicles from adjacent streets. The use of traditional picket fencing, hedges, walls, or landscape berms to define parking areas is encouraged. In parking areas of eleven or more parking stalls, at least one tree of three inch or greater caliper shall be planted for every six parking places. Adequate tree wells and irrigation shall be provided for all parking lot landscaping. Pedestrian access is to be taken into consideration in parking lot design. The use of separate walkways is encouraged.
11.5.7 Loading: Loading areas, if required, must be at least 20 X 9 feet, and have a minimum overhead clearance of 10 feet. Screening and landscaping shall be provided to block all views of loading areas (except those specifically designated for emergency vehicles) from the public right-of-way and adjacent properties. 11.5.8 Stormwater Management: Drainage provisions shall be provided to ensure compliance with all local, state and federal requirements regarding stormwater management and shall be subject to review by the Planning Board's engineering consultant at the expense of the applicant. Drainage shall be designed so that the rate of run-off shall not be increased, groundwater recharge is maximized, surface and ground water quality is maintained or improved, and neighboring properties will not be adversely affected. The Board may require that existing drainage problems on/or adjacent to the site be mitigated as a condition of approval of the special permit under this section. Drainage facilities are not allowed in the required open space areas. 11.5.9 Utilities: All electric, gas, telephone, water distribution lines, and other utilities shall be placed underground except upon a demonstration of exceptional circumstances.
11.5.10 Paths: Paths for the use of residents shall be attractively designed with proper regard for convenience, separation of vehicular, bicycle and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways on adjacent sites.
11.5.11 Paving and Curbing: Curbing is to be sloped or cut to provide a barrier free transition at road crossings and building entrances. Paving should be textured or of different materials at pedestrian crossings and walkways. The use of stone, brick or cultured stone pavers for entrance walkway borders is encouraged. The use of textured materials for walkway borders is encouraged.
11.5.12 Design and Architectural Character: Architectural style shall be in harmony with the historical design elements that are contextually consistent with regional New England architecture.
11.5.13 The ALF or ILF shall have an integrated emergency call, telephone and other communications system to provide monitoring for its residents. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Fire Department for the emergency evacuation of the residents with emphasis on ensuring the safety of residents with physical impairments. 11.5.14 No building/structure shall be floodlit. Drives, walkways, entryways, and parking areas shall not be illuminated by lights higher than fifteen (15) feet, which shall be shielded to have a total cutoff of all light at less than ninety (90) degrees and a beam cutoff less than seventy-five (75) degrees. The total cutoff of all light shall occur within the property lines of the parcel to be developed. 11.6. Incentives for Conversion of Structures: It is the intent of this subsection to encourage the appropriate reuse of land and buildings that are no longer needed or suitable for their original use. Such building conversions shall:
11.6.1 be compatible with the character of the neighborhood; and
11.6.2 minimize removal or disruption of historic existing building features or architectural elements, whether these exist on the site or on adjacent properties.
11.6.3 Notwithstanding other sections of this bylaw, the buffer requirements, minimum open space requirements, and building height requirements for the ALF or ILF shall be those physically existing on the ground as of the date of enactment of this bylaw.
11.6.4 The Planning Board may permit expansion of the structure to the degree reasonably necessary to construct entryways and features to comply with A.D.A. requirements and fire escape and fire protection features.
11.7. Action by the Planning Board. The Planning Board may approve, approve with conditions, or deny an application for an ALF or an application for an ILF, after assessing whether the proposed development complies with the requirements of this by-law and serves the purpose of the by-law as expressed in section 11.1. 11.8. Relation to Other Requirements: The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning By-Law. 11.9 Severability: A determination that any portion or provision of this Assisted and Independent Living Facilities By-Law is invalid shall not invalidate any other portion or provision thereof. And/or take any other action relative thereto. PLANNING BOARD The following changes and additions were made to the main motion of Article 15.
Add a new Subsection 11.4.3. to read:
11.4.3 Each such application shall be accompanied, if applicable, by a definitive plan of land pursuant to the provisions of Massachusetts General Law Chapter 41, sections 81-O and 81-T, as the same may be from time to time amended and the Subdivision Regulations as well as a filing fee determined in accordance with the Subdivision Regulations. Approval of a special permit under this section shall not substitute for compliance with Subdivision Control Law, G.L. c. 41, ss 81K et seq. A definitive subdivision plan submitted in connection with an approved special permit for an ALF or ILF shall substantially conform with plans upon which the special permit approval was based. Add a new Subsection 11.5.15 to read:
11.5.15 In order to be eligible for consideration for a Special Permit pursuant to this section, the AFLF or ILF shall comply with all Federal and State access requirements.
Change Subsection 11.5.5 to read:
11.5.5 Roadways: The principal roadway(s) serving the site shall be designed to conform with the standards of the Subdivision Regulations as they apply to Residential Streets, or the roadways may be designed to comply with the Town's Secondary Road construction standards, but must be paved with asphalt. Gravel paving or any other non-asphaltic material may not be used as a finished pavement.
Change Subsection 11.6.4 by replacing the phrase "A.D.A. requirements" with the phrase "Federal and state access requirements"
Voted: Article 15 with the new main motion, Carried. Yes: 254 No: 49
Voted: (Unanimously) to advance Article 28 at this time.
ARTICLE 28To see if the Town will vote to raise and appropriate a sum of money for cost of engineering services for plans and specifications for the development of a water system and a sewer system for the Town, including the preparation of required environmental impact reports, required permitting, and facilities required to connect such systems to the water and sewer systems of the City of Fall River or any other municipality; to determine whether this appropriation shall be raised by borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise; to determine whether any such borrowing shall be made contingent upon a Proposition 2 ½ exemption vote; and to take any other action relative thereto.
WATER AND SEWER COMMITTEE/BOARD OF SELECTMEN
The main motion of Article 28 was changed to read as follows: ARTICLE 28 To see if the Town will vote to appropriate a sum of money for the cost of engineering services for plans and specifications for the development of Phase 1, of a water system and a sewer system for the Town, including the preparation of required environmental impact reports, required permitting, and facilities required to connect such systems to be water and sewer system of the City of Fall River or any other municipality; to determine whether this appropriation shall be raised by borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise; and to take any other action relative thereto.
Voted: (Unanimously) to adjourn the Annual Town Meeting at 10:00 p.m. until tomorrow night at 7:30 p.m. and to continue the debate on article 28 at that time.
There were 350 registered voters and 13 guests and visitors in attendance.
A true record, Attest:
Marlene M. Samson Town Clerk
June 10, 2004
The adjourned Annual Town Meeting was called to order at 7:35 p.m. by Moderator Steven Fors who appointed Representative Michael Rodrigues, Ben Prentice and Craig Souza to act as tellers and they were duly sworn by the Town Clerk. Beverly Kut acted as timekeeper for the meeting.
The Moderator introduced Boy Scouts from Troop 63 who were in attendance.
ARTICLE 28 (continued from last night)
The main motion of Article 28 was changed to read as follows:
That $2,300,000 is appropriated for the purpose of financing the cost of engineering services for plans and specifications for the development of Phase 1, of a water system and a sewer system for the Town, including the preparation of required environmental impact reports, required permitting, and facilities required to connect such systems to the water and sewer systems of the City of Fall River or any other municipality, and including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $2,300,000 and issue bonds or notes therefore under Chapter 44 of the General Laws and/or Chapter 29C of the General Laws; that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; and that the Board of Selectmen is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project.
Voted: to amend Article 28 by deleting "of Phase 1" and by adding at the end, "provided, however, that this vote shall not take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L. c. 59, §21C (Proposition 2 1/2) amounts required to pay the principal of and interest on the borrowing authorized by this vote." Lost. Yes: 161 No: 165
Voted: the main motion of Article 28 was lost. Yes: 201 No: 112 (2/3 vote needed)
Voted: to adjourn the Annual Town Meeting until next Tuesday at 7:30 p.m. Carried.
There were 354 registered voters and 17 guests and visitors in attendance.
A true record, Attest:
Marlene M. Samson Town Clerk
June 15, 2004
The adjourned Annual Town Meeting was called to order at 7:35 p.m. by Moderator Steven Fors who appointed Gerald Souza, Betty Slade and Angie Lombardi as Tellers and they were duly sworn by the Town Clerk. Beverly Kut acted as timekeeper for the meeting.
ARTICLE 16 To see if the Town will vote to amend the Westport Zoning By-Law, to add Article 12 Townhouse Development By-Law as a use allowed by Special Permit of the Planning Board as follows: 12.0 TOWNHOUSE DEVELOPMENT
12.1 Purpose
The purpose of this Townhouse Development By-law is to provide for townhouse development in a campus style or infill setting, and to promote the development of varied housing opportunities including housing affordable to low and moderate income families and provide accompanying conveniences, recreational areas and community center facilities, to encourage the preservation of open land for its scenic beauty particularly frontage along public ways, ponds, rivers, wetlands and to enhance open space, forestry, and recreational use; to preserve existing agricultural, historical and archeological resources; to protect the natural environment; to protect the value of real property; to promote more sensitive sitting of buildings and better overall site planning; to perpetuate the appearance of Westport's traditional New England landscape; and to facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner. 12.2. Definitions. Within this section the following terms shall have these definitions:
Townhouse: a freestanding building, exclusively for residential use, containing more than 2 dwelling units, each of which has its own front and rear ground floor access to the outside, and each is which is separated from adjacent units by a fire-resistant party wall.
Dwelling unit: - One (1) or more living and sleeping rooms providing complete living facilities for the use of one (1) or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation.
Bedroom: A separate room intended for, or which customarily could be used for sleeping.
Land: Land including areas covered by water.
Subdivision Regulations: The rules and regulations of the Westport Planning Board relative to subdivisions.
Wetlands: Lands subject to the provisions of M.G.L. c. 131, ss.40 and 40A.
12.3. Use Restrictions. Townhouse Developments may be constructed, subject to the requirements set forth herein, upon the issuance of a special permit by the Planning Board.
12.3.1 Notwithstanding any other provision in this By-law to the contrary, the number of dwelling units shall be established by having a Net Useable Land Area (NULA) site plan for the overall property submitted to the Planning Board. The NULA acreage is established by subtracting all water bodies, wetlands, marshes, bogs and land within a eighty (80) foot wetland buffer area to these regulated lands. The remaining upland area is the NULA for the purposes of establishing the number of dwelling units allowed in a townhouse development. In the residence/agricultural district, the total number of proposed dwelling units within the development shall not exceed two (2) units per NULA acre. In the Business districts, the total number of proposed dwelling units within the development shall not exceed three (3) units per NULA acre. For projects proposing more than 10 dwelling units with more than 50% of these being rental units, the Planning Board may grant a density bonus of 0.5 additional units per NULA acre. At least 50% of the bonus units must be maintained as affordable units as defined in Article 1, Sec. 1.1.
12.3.2 No individual structure within a Townhouse Development shall contain more than four (4) dwelling units. 12.3.3 At least fifteen percent (15%) of the total number of dwelling units in a Townhouse Development which proposes more than ten units shall meet the definition of Affordable Units as defined in Article 1, Section 1.1 of the Westport Zoning By-Law. These affordable units shall be marketed and administered through the Westport Housing Authority with resale restrictions to assure continued affordability. Dwelling units reserved for occupancy by persons or families of low to moderate income, or for occupancy by a single individual, shall not be segregated from market rate or larger dwelling units in the Townhouse Development. 12.3.4 Dwelling units shall be varied as to the number of bedrooms. The maximum number of bedrooms allowed in a dwelling unit shall be three (3). No more than twenty percent (20%) of the total number of dwelling units shall have 3 bedrooms. 12.3.5 Maximum building height shall not exceed 40 feet. 12.3.6 The facility shall be served by municipal water and/or sewer systems, unless the applicant can provide on-site public water supply and sewage treatment.
12.4. Application. An application for special permit shall be on forms furnished by the Planning Board and accompanied by a special permit filing fee determined by the Planning Board. The Planning Board may waive the submittal of technical information or documents otherwise required hereunder where the applicant demonstrates that, due to the simplicity of the proposal, such information is not necessary for or applicable to the Planning Board’s decision pursuant to this section. Unless so waived, an application for a special permit shall consist of the following: 12.4.1. The following plans: 12.4.1.1. a plan at a scale of 1”=40’, or other scale acceptable to the Planning Board, showing existing conditions, including: the topography of the site at a minimum of two foot intervals, vegetation and unique features, including wetlands, perennial streams and ponds, trees of more than 8” caliper, stonewalls and rock outcroppings; slopes in excess of 15%; existing trails, paths, and ways; open vistas, structures of historical importance; wildlife habitats, and existing easements and restricted areas; 12.4.2.2. a plan depicting the horizontal layout of the site, including types, location and layout of buildings, parking areas, vehicular and pedestrian circulation, stormwater facilities, lighting, signage, trash disposal areas, loading areas, etc.
12.4.1.3. elevation drawings of buildings and other major structures;
12.4.1.4. a grading plan depicting stormwater management provisions;
12.4.1.5. a landscape plan with planting schedule showing types, number and characteristics of proposed plantings;
12.4.1.6. detail drawings of drainage structures, signage, lighting, tree plantings, and other site features, as necessary.
12.4.1.7. Perspective drawings or 3-D models may be subsequently required by the Planning Board;
12.4.1.8. The Planning Board may describe the required content of the above plans in greater detail in regulations promulgated under this by-law.
12.4.2. The following narrative reports or data: 12.4.2.1. a proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated date of completion; 12.4.2.2. a development impact statement prepared by qualified professionals, detailing the impact of the development on the Town’s capacity to furnish services including, but not limited to, roads, police, fire, emergency services, and water and sewer. 12.4.2.3. information pertaining to any organization which the Applicant proposes to form where the development is to be a condominium development, including forms and plans to be used to organize and manage the same, for approval as to form by Town Counsel; 12.4.2.4. copies of all proposed covenants, easements and other restrictions which the applicant proposes to grant to the Town, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are intended to apply, for approval as to form by Town Counsel; 12.4.2.5. a stormwater management plan complying with all local, state, and federal requirements, including drainage calculations, erosion and sedimentation control provisions during and after construction, and on-going maintenance plan.
12.4.2.6. any and all other information that the Planning Board may reasonably require in an acceptable form to assist in determining whether the Applicant's proposed development plan meets the objectives of this Section.
12.4.2.7. The Planning Board may describe the required content of the above plans in greater detail in regulations promulgated under this by-law.
12.4.3 Each such application shall be accompanied, if applicable, by a definitive plan of land pursuant to the provisions of Massachusetts General Law Chapter 41, sections 81-0 and 81-T, as the same may be from time to time amended and the Subdivision Regulations as well as a filing fee determined in accordance with the Subdivision Regulations. Approval of a special permit under this section shall not substitute for compliance with Subdivision Control Law, G. L. c. 41, ss81k et seq. A definitive subdivision plan submitted in connection with an approved special permit for a Townhouse development shall substantially conform with all plans upon which the special permit approval was based.
12.5. Standards. In order to be eligible for consideration for a special permit pursuant to this Section, the proposed development shall meet all of the following standards: 12.5.1. Open Space Requirements:
In the
Residential/Agricultural districts a minimum of fifty (50) percent of the parcel
shown on the Development Plan shall be contiguous open space. The required open space shall be used for conservation, historic preservation and education, outdoor education, park purposes, existing agriculture, existing horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purposes. The required open space shall remain unbuilt upon, provided that five percent (5%) of such open space may be paved or built upon for structures accessory to the dedicated use or uses of such open space, community center, pedestrian walks, bike paths, and existing agriculture. The required open space shall be conveyed in conformance to the requirements provided in the Subdivision Regulations. Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively existing agricultural, horticultural, educational or recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.
12.5.2.
Buffer Areas and Building Setbacks: All dwellings and structures shall be located a minimum of sixty (60) feet from adjacent properties, and eighty (80) feet from adjacent surface waters or wetlands. All buildings shall be set back a minimum of 100 feet from the street except that, in the Business District this setback requirement may be modified at the discretion of the Planning Board. Buffer areas shall be retained in their natural vegetative state to the maximum extent feasible, where the 60 foot buffer of natural vegetation is not adequate (in the Planning Board's opinion) to screen the development from adjacent properties the Board may require additional plantings, earthen berms and/or fencing. 12.5.3. Building Envelope: All site plans shall locate a building envelope radius of forty (40) feet from the outside edge of a townhouse building. Building envelopes shall be clearly shown on all sheets of the development plans. Contiguous open space, ways, lanes and collectors may not be located within the building envelope. Parking, sidewalks, individual unit gardens/lawns etc. may be developed within the building envelope. Building envelopes of adjacent buildings may overlap. 12.5.4. Removal and Replacement of Vegetation: Within the site, no clear cutting shall be permitted, except incidental to construction of buildings, roads, trails and parking areas.
12.5.5. Design and Architectural Character: 12.5.6. Architectural style shall be in harmony with the historical design elements that are contextually consistent with regional New England architecture. 12.5.7. Parking: Notwithstanding any other provisions in this By-law to the contrary, the development shall provide two (2) spaces per each unit, plus one (1) additional visitor parking space for every five (5) units, plus one (1) additional parking space for every two hundred (200) square feet of non-residential building area. In cases where the units are provided with a garage and two spaces for each unit on a driveway, the visitor spaces shall not be required. Parking areas shall be screened from public ways and adjacent or abutting properties by building location, fencing and/or dense plantings. Parking areas, including maneuvering space for parking and loading areas, shall not be located within the required buffer areas. No parking shall be allowed on interior roadways. 12.5.8. Roadways: The principal roadway(s) serving the site shall be designed to conform with the standards of the Subdivision Regulations as they apply to Residential Streets. Roadways intended to remain private shall be maintained by an association of unit owners or by the Applicant. 12.5.9. Stormwater Management: Drainage provisions shall be provided to ensure compliance with all local, state and federal requirements regarding stormwater management and shall be subject to review by the Planning Board's engineering consultant at the expense of the applicant. Drainage shall be designed so that the rate of run-off shall not be increased, groundwater recharge is maximized, surface and ground water quality is maintained or improved, and neighboring properties will not be adversely affected. The Board may require that existing drainage problems on/or adjacent to the site be mitigated as a condition of approval of the special permit under this section. Drainage facilities are not allowed in the required open space areas.
12.5.10. Walkways.
12.5.11. Services. 12.5.12. No building/structure shall be floodlit. Drives, walkways, entryways, and parking areas shall not be illuminated by lights higher than fifteen (15) feet, which shall be shielded to have a total cutoff of all light at less than ninety (90) degrees and a beam cutoff less than seventy-five (75) degrees. The total cutoff of all light shall occur within the property lines of the parcel to be developed. 12.6.Action by the Planning Board: The Planning Board may approve, approve with conditions, or deny an application for a Townhouse Development, after assessing whether the proposed development complies with the requirements of this by-law and serves the purpose of the by-law as expressed in section 12.1. 12.7. Relation to Other Requirements. The submittals and permits of this section shall be in addition to those of any other Federal, state, or local statute, by-law or regulation. 12.8 Severability A determination that any portion or provision of this Townhouse Development By-Law is invalid shall not invalidate any other portion or provision thereof. and/or take any other action relative thereto. PLANNING BOARD
Voted: (Unanimously) to pass over Article 16.
At 7:55 p.m. the Moderator called for a five minute recess in order to listen to the tape recorded votes taken at the June 10, 2004 Annual Town Meeting concerning Article 28 and the motions to adjourn and reconsider the Article.
The Moderator, after listening to the tape, determined that the motion to adjourn had been accepted before the motion to reconsider Article 28, therefor, the motion to reconsider was out of order and Article 28 can not be brought back during this Annual Town Meeting.
ARTICLE 17 To see if the Town will vote to amend the Westport Zoning By-Law, Article 1, Section 1.1 Definitions to insert in the appropriate order:
Affordable Units: Residential Units for which the rent (including utilities) shall not exceed 30% of the income of the renting eligible household; or, for which the annual debt service on a mortgage plus taxes, insurance, and condominium fees (assuming a 10% down payment) shall not exceed 30% of the income of the purchasing eligible household. Sales prices, rents, and rent increases shall be restricted to ensure long-term affordability to eligible households, to the extent legally possible.
Applicant: The person or persons, including a corporation or other legal entity, applying for a special permit hereunder. The Applicant must own, or be the beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.
Assisted Living Facility (ALF): A facility as defined in 651 CMR 12.02.
Eligible Household A household whose total income does not exceed 80% of the Median Income of households in the Providence-Warwick-Fall River Standard Metropolitan Statistical Area, adjusted for household size.
Independent Living Facility (ILF): A facility reserved by deed for occupancy by persons over the age of fifty-five who are able to care for themselves, but with some common facilities as described in Article 11, Section 11.3.
Median Income: The income set forth in or calculated based on U.S. Department of Housing and Urban Development regulations, as amended, and/or take any other action relative thereto. PLANNING BOARD
Voted: to amend Article 17 by deleting the paragraph titled "Affordable Units" and insertingthe following:Affordable Units: As defined by Massachusetts General Laws, Chapter 40B andenabling regulations as from time to time amended.Carried.
Voted: to accept Article 17 as amended. (NOTE: see vote after Article 18)
ARTICLE 18To see if the Town will vote to amend Article 7 Intensity Regulations of the Westport Zoning By-Law, to add Section 7.2.1 Assisted and Independent Living Facilities as follows:
7.2.1 Notwithstanding any contrary provisions in the foregoing requirements of Sections 7.1 and 7.2, or in the requirements of Section 7.6, the following dimensional and density requirements shall be applicable to Assisted Living Facilities and Independent Living Facilities authorized under Article 11 of this By-law.
* Exclusive of wetland resource areas, water bodies, and required open space.
For projects proposing more than 10 dwelling units, either assisted or independent living units, with more than 50% of these being rental units, the Planning Board may increase the total number of units allowed by 10%. At least 50% of the bonus units must be maintained as affordable units, and/or take any other action relative thereto. PLANNING BOARD Voted: Yes: 217 No: 40. Carried.Voted: to reconsider Article 17 in order to record the 2/3 's required vote.ARTICLE 17.Voted: The Moderator declared Article 17 carried by a 2/3 vote.
ARTICLE 19To see if the Town will vote to amend Article 2 Administration of the Westport Zoning By-Law, to add Section 2.6 Special Permits - Planning Board as follows:
The Planning Board is hereby designated as the Special Permit Granting Authority (SPGA) for Assisted and Independent Living Facilities (Article 11.0) and Townhouse Developments (Article 12.0). The Planning Board shall act on all special permit applications as provided by the Rules and Regulations of the Planning Board as Special Permit Granting Authority to be adopted hereunder. PLANNING BOARD
The main motion of Article 19 was changed to delete the words "and Townhouse Developments(Article 12.0)."
Voted: Yes: 230 No: 56. Carried.
ARTICLE 20To see if the Town will vote to amend Article 4 Use Regulations of the Westport Zoning By-Law, to add Section 4.0.1.E as follows:
4.0.1.E Uses, which may be, permitted by the Planning Board in accordance with Section 2.6 Special Permits - Planning Board
1. Assisted and Independent Living Facilities (Article 11.0) 2. Townhouse Developments (Article 12.0)
and/or take any other action relative thereto. PLANNING BOARD The main motion of Article 20 was changed to delete the words "2. Townhouse Developments (Article 12.0)"
Voted: The Moderator declared Article 20 carried by a 2/3 vote.
ARTICLE 21To see if the Town will vote to amend Table of Use Regulations of the Westport Zoning By-Law, to allow for Assisted and Independent Living Facilities and Townhouse Developments by Special Permit of the Planning Board as follows:
1. To insert after "SPBA = Special Permit Board of Appeals", "SPPB = Special Permit Planning Board".
2. To insert after "AMUSEMENT OR ASSEMBLY" "ASSISTED AND INDEPENDENT LIVING FACILITIES" with the designation "SPPB" under Residential, Business, and Unrestricted Districts.
3. To insert after "TIRE STORAGE YARDS" "TOWNHOUSE DEVELOPMENT" with the designation "SPPB" under Residential, Business, and Unrestricted Districts. PLANNING BOARDThe main motion of Article 21 was changed to delete in the first paragraph the words "and Townhouse Developments" and to delete sentence #3 in its entirety. Voted: The Moderator declared Article 21 carried by 2/3 vote.
ARTICLE 22To see if the town of Westport will vote to amend the Westport Zoning By-Law, Article 10, as follows:
1. Revise the current chart only of section 10.3 which states:
and insert therein:
2. Delete current section 10.4 which states:
“The building inspector may, for purpose of calculations under this by-law, aggregate lots created from two or more plans of land that have been endorsed “approval not required” under M.G.L. c. 41, section 81p, if all the land shown on such plans was divided from a single, contiguous parcel that was in one ownership on the date of enactment thereof”,
and insert therein the following:
“The building inspector will, for the purpose of calculations under this by-law, aggregate all lots created from two or more plans of land if all the lots shown on such plans were divided from a single contiguous parcel of land.” 3.Add an additional section, 10.6 as follows: Affordable Units, and units in Assisted and/or Independent Living Facilities as defined in Article 1.1, shall be exempt from the phased development schedule, and/or take any other action relative thereto. BUILDING DEPARTMENT/PLANNING BOARD
Voted: the provisions of Article 22 were lost. Yes: 129 No: 111
ARTICLE 23 To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of $20,000 to be used by the Board of Assessors to fund fees and expenses to update the Revaluation program mandated by M.G.L. Chapter 797 of the Acts of 1979 to place the Town on a 100% valuation assessment basis, and /or take any other action relative thereto. BOARD OF ASSESSORSVoted: $20,000. from Overlay Surplus. Carried.
ARTICLE 24To see if the Town will vote to raise and appropriate and or transfer from available funds the sum of $90,000.00 for the purpose of complying with mandated Massachusetts Department of Environmental Protection Administrative Consent Orders to clean up the Town Hall contamination site and/or take any other action relative thereto. BOARD OF SELECTMEN Voted: $90,000. from Overlay Surplus. Carried.
ARTICLE 25To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the FY05 Community Preservation budget and to appropriate from the Community Preservation Fund a sum of money to meet the administrative expenses and all other necessary and proper expenses of the Community Preservation Committee for Fiscal Year 2005; and further to 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 excluding land for recreational use, a sum of money for acquisition and preservation of historic resources, and a sum of money for the creation, preservation and support of community housing, and/or take any other action relative thereto.
APROPRIATION PURPOSE AMOUNT FUNDING SOURCE Administrative Costs $ 14,000 FY05 CPC Fund RevenuesAcquisition of Leonard Santos Farm 500,000 $400,000 from FY05 CPA 74.8 Acres south of American Legion Hwy. Fund Revenues in Open & west of Old County Road Space, and $100,000 from FY04 CPA Fund Revenues Previously earmarked for Oscar Palmer Farm Westport Pont Historic Waterways Restoration 50,000 $40,000 from FY05CPA Restoration Fund Revenues in Open Space, and $10,000 from FY05 CPA Fund Revenues In Historic Preservation Town Farm Restoration 10,850 FY05 CPA Fund Revenues in Historic Preservation Town Farm Research Preservation 3,500 FY05 CPA Fund Revenues In Historic Revenues Town Records Preservation 10,000 FY05 CPA Fund Revenues In Historic Preservation Friends Meeting House Restoration 22,500 FY05 CPA Fund Revenues in Historic Preservation Town Hall Restoration 35,000 FY04 CPA Revenues in Historic Preservation Previously earmarked for Oscar Palmer Farm Hicks/Handy Historic Preservation 3,075 FY05 CPA Revenues in Historic Preservation Westport Corners Preservation 1,200 FY05 CPA Revenues in Historic Preservation Westport Historic Signs 5,000 FY05 CPA Revenues in Historic Preservation Affordable Housing Plan, Strategy, and Implementation 60,000 FY05 CPA Revenues in Community Housing Open Space Reserve 20,000 FY05 CPA Fund Revenues Historic Preservation Reserve 12,500 FY05 CPA Fund Revenues Community Housing Reserve 20,353 FY05 CPA Fund Revenues $610,478 from Y05 CPA Total Budget Requests $745,478 Fund Revenues & $135,000 from FY04 CPA Fund Revenues
COMMUNITY PRESERVATION COMMITTEE Voted: (Unanimously) to amend the last three line amounts in Article 25 to read: Open Space Reserve 10,000. Historic Preservation Reserve 10,000. Community Housing Reserve 10,353.
Voted: (Unanimously) all amounts within Article 25 except those listed as follows:
Friends Meeting House Restoration 22,500. Carried.
Voted: (Unanimously) to adjourn the Annual Town Meeting until tomorrow at 7:30 p.m. and to continue with Article 25 at that time.
There were 380 registered voters and 10 guests and visitors in attendance.
A true record, Attest:
Marlene M. Samson Town Clerk
June 16, 2004
The adjourned Annual Town Meeting was called to order at 7:33 p.m. by Moderator Steven Fors who appointed Keith MacDonald to act as a teller and he was duly sworn by the Town Clerk. Beverly Kut acted as timekeeper for the meeting.
ARTICLE 25 - continued from the June 15, 2004 meeting.
Voted: Affordable Housing Plan, Strategy, and Implementation 60,000. Carried.
ARTICLE 26To see if the Town will vote to raise and appropriate and or transfer from available funds a sum of $30,0000 from receipts reserve for the purpose of closure costs and environmental monitoring expenses at the landfill site in FY2005, and/or take any other action relative thereto.BOARD OF HEALTH
Voted: $62,000. from Overlay Surplus. Carried.
ARTICLE 29 To see if the Town will vote to raise and appropriate and or transfer from available funds a sum of $12,000.00 for the purpose of conducting one or more Household Hazardous Waste Collection events for residents of Westport and properly disposing of the hazardous materials, and/or take any other action relative thereto. BOARD OF SELECTMEN
Voted: (Unanimously) $12,000. from Overlay Surplus.
ARTICLE 30 To see if the Town will vote to raise and appropriate and/or transfer from the waterways account or available funds the sum of $5,000.00 for a new outboard motor for shellfish law enforcement and shellfish bed enhancement through the Shellfish Department, and/or take any other action relative thereto. SHELLFISH CONSTABLE
Voted: $5,000. from Waterways. Carried.
ARTICLE 31 To see if the Town will vote to raise and appropriate and or transfer from available funds the sum of $12,000.00 for environmental work (PhaseV) at the Head of Westport Landing, and/or take any other action relative thereto. LANDING COMMISSION
Voted: (Unanimously) $12,000. from Overlay Surplus.
ARTICLE 32 To see if the Town will vote to dedicate and transfer under the care, custody and control of the Board of Selectmen for the purposes of constructing a Public Safety Complex, all or a portion of the Town Land five (5) acres of the so-called Town Forest Land located on the north side of Hix Bridge Road and westerly of Route 88 as shown on Assessors’ Plan 54, Lot 40, presently under the jurisdiction of the Conservation Commission and to authorize the Board of Selectmen to petition the Massachusetts Legislature for approval of such change in use under Article 97 of the Amendments to the Massachusetts Constitution, if such approval is determined to be necessary, or take any other action relative thereto. FINANCE COMMITTEE/BOARD OF SELECTMEN
Voted: Carried. (NOTE: see vote after Article 33)
ARTICLE 33 To see if the Town will vote to raise and appropriate and or transfer from available funds the sum of $10,000.00 for the purpose of funding consulting fees, secretarial services and other related expenses in conjunction with the construction of a Public Safety Complex, and/or take any other action relative thereto. FINANCE COMMITTEE
$10,000. with $5,000. from Taxation and $5,000. from Art. 7 of the 2003 Annual Town Meeting.
Voted: to reconsider Article 32. Carried.
ARTICLE 32. Voted: Carried by a 2/3 vote.
ARTICLE 33. Voted: (Unanimously) the sum of $10,000. ($5,000. from Taxation and $5,000. from Article 7 of the 2003 Annual Town Meeting).
ARTICLE 34 To see if the Town will vote to transfer the sum of $10,000.00 from the sale of cemetery lots account for the maintenance and upkeep of the cemeteries, avenues, paths, and structures situated therein, and/or take any other action relative thereto. CEMETERY DEPARTMENT
Voted: (Unanimously) $10,000. from Sale of Cemetery Lots.
ARTICLE 35 To see if the Town will vote to transfer the sum of $20,000.00 from the perpetual care account for the purchase of a pickup truck and associated equipment for the Cemetery Department, and/or take any other action relative thereto. CEMETERY DEPARTMENT Voted: (Unanimously) $20,000. from Perpetual Care Account.
ARTICLE 36To see if the Town will vote to raise and appropriate and or transfer from available funds $25,000.00 to be used in conjunction with, and/or in addition to any funds allocated by the Commonwealth for the purpose of funding transportation services for Westport residents who are handicapped and/or are elderly, and/or take any other action relative thereto. COUNCIL ON AGING
Voted: (Unanimously) $25,000. ($10,000. from Taxation and $15,000. from Overlay Surplus)
Voted: (Unanimously) to adjourn the Annual Town Meeting until next Tuesday, June 22, 2004 at 7:30 p.m. There were 184 registered voters and 7 visitors and guests in attendance.
A true record, Attest:
Marlene M. Samson Town Clerk
June 22, 2004
The adjourned Annual Town Meeting was called to order at 7:30 p.m. by Moderator Steven Fors who appointed Ken DeCosta, Edward Carey and James Whitin to serve as tellers and they were duly sworn by the Town Clerk. Beverly Kut acted as timekeeper for the meeting.
ARTICLE 37 To see if the Town will vote to raise and appropriate and or transfer from available funds a sum of money sufficient to fully fund the cost items contained in the collective bargaining agreement between the Town of Westport and Police Officers of Westport Alliance, and/or take any other action relative thereto. BOARD OF SELECTMEN Voted: to amend the amount of Article 37 to $40,626.00. Carried.
Voted: (Unanimously) $40,626.00 from Taxation.
ARTICLE 38 To see if the Town will vote to raise and appropriate and or transfer from available funds a sum of money sufficient to fully fund the cost items contained in the collective bargaining agreement between the Town of Westport and Westport Permanent Firefighters Association, Local 1802, International Association of Firefighters, AFL-CIO, and/or take any other action relative thereto.
BOARD OF SELECTMEN
Voted: (Unanimously) $15,324.00 from Free Cash and $9,283.00 from Taxation. ARTICLE 39 To see if the Town will vote to raise and appropriate and or transfer from available funds a sum of money sufficient to fully fund the cost items contained in the collective bargaining agreement between the Town of Westport and Town Hall Departments, Library and Cemetery and LAW, Local 254, and/or take any other action relative thereto. BOARD OF SELECTMEN
Voted: (Unanimously) $31,466.00 from Free Cash.
ARTICLE 40 To see if the Town will vote to raise and appropriate and or transfer from available funds a sum of money sufficient to fully fund the cost items contained in the collective bargaining agreement between the Town of Westport and Highway Department and LAW, Local 254 and/or take any other action relative thereto. BOARD OF SELECTMEN
Voted: (Unanimously) $15,435.00 from Free Cash.
ARTICLE 41 To see if the Town will vote to raise and appropriate and or transfer from available funds a sum of money sufficient to fully fund salary increases for non-union employees, and/or take any other action relative thereto. BOARD OF SELECTMEN
Voted: (Unanimously) $34,473.00 from Free Cash.
ARTICLE 48 To see if the Town will vote to establish and reauthorize pursuant to the provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2005, a revolving fund for the Planning Board into which will be paid all portions of subdivision filing fee receipts collected for the purpose of maintaining the assessors parcel GIS database, as provided in the Rules & Regulations Governing the Subdivision of Land, as they may be amended from time to time. These funds may be expended for costs not to exceed $10,000, and solely for purposes related to maintaining the GIS database, and may be expended without further appropriation by the Planning Board, and/or take any other action relative thereto. BOARD OF ASSESSORS/PLANNING BOARDVoted: Carried.
ARTICLE 49To see if the Town will vote to accept the provisions of Section 1 of Chapter 137 of the Acts of 2003, the Military Pay Act, that authorizes counties, cities, and towns to pay any employee who has been granted a military leave of absence because the employee is a member of the army nation guard, the air national guard or a reserve component of the armed forces of the United States after September 22, 2001 his or her base salary less any amount received for his or her military service, and/or take any other action relative thereto. BOARD OF SELECTMENVoted: (Unanimously) with the date changed to Sept. 11, 2001.
ARTICLE 50To see if the Town will vote to amend the Personnel By-Law by deleting under Schedule A—Building Department, the following:
Position Group Hours Pay Basis Type Clerk 2 -20 hourly PT
and inserting therein:
Position Group Hours Pay Basis Type Clerk 2 +20 K-A PT
And if necessary to raise and appropriate and/or transfer from available funds the sum of $3,895.00 to the Building Department Budget therefor, and/or take any other action relative thereto. BUILDING DEPARTMENTVoted: (Unanimously) $3,895.00 from Taxation.
ARTICLE 51To see if the Town will vote to amend the Personnel By-Law by adding under Schedule A—Cable Advisory, the following:
Position Group Hours Pay Basis Type Public Access Staff Assistant 2 -20 Salary PT
and/or take any other action relative thereto. CABLE ADVISORY COMMITTEE Voted: (Unanimously)ARTICLE 52To see if the Town will vote to amend the Personnel By-Law by adding under Schedule A—Cable Advisory, the following:
Position Group Hours Pay Basis Type Public Access Staff Assistant 2 -20 Hourly PT
and/or take any other action relative thereto. CABLE ADVISORY COMMITTEE
Voted: (Unanimously)
ARTICLE 53To see if the Town will vote to amend the Personnel By-Law by adding under Schedule A—Board of Health, the following:
Position Group Hours Pay Basis Type Recording Clerk 2 -20 Hourly PT
and/or take any other action relative thereto. BOARD OF HEALTH Voted: (Unanimously)
ARTICLE 54To see if the Town will vote to amend the Personnel By-Laws XXI Section 6. Fringe Benefits and Working Conditions Section A Leave #4 Vacations, by deleting the by-law as it currently exists and inserting therein the following:
Vacations shall be calculated and available on July 1st, based on the prior years employment.
All salary, full time annual and regular employees shall earn vacation time as follows:
If hired July or August 6 days September/October 5 days November/December 4 days January/February 3 days March/April 2 days May/June 1 day
Employees with 1 year but not more than 2 years shall be granted 12 days annually; Employees with 2 years but not more than 5 years shall be granted 18 days annually; Employees with 5 years but not more than 18 years shall be granted 21 days annually; Employees with more than 18 years shall be granted 27 days annually.
Vacations must be used annually, unless approved by the Department Supervisor to carry over. The Department Supervisor may approve up to two (2) weeks of vacation carry over. Any unused vacation must be accrued or forfeited. Under no circumstances shall vacation time be carried more than one (1) fiscal year.
Whenever the employment of any person covered by this by-law is terminated during a year by dismissal through no fault or delinquency on his or her part or by resignation, retirement or death, without his having been granted the vacation to which he/she was entitled, he/she, or in case of death, his estate shall be paid, at the regular rate of compensation payable to him at the termination of his employment, an amount in lieu of such vacation; provided that no monetary or other allowance has already been made therefor. The official head of the department in which the person was last employed shall enter on the departmental payroll all amounts payable under this section. PERSONNEL BOARD Voted: (Unanimously)ARTICLE 55To see if the Town will vote to amend the Personnel By-Law XXI Section 6. Fringe Benefits and Working Conditions, Section B General by inserting therein #5, which reads:
The Chief and Deputy Chief of Police and Fire may receive at least the same number of sick days, vacation days, personal days, bereavement days, holiday pay, longevity pay, educational pay (c41, s108L), uniform and cleaning allowance, health and life insurance and other benefits as do any of the regular employees of their department. BOARD OF SELECTMEN/PERSONNEL BOARDVoted: (Unanimously)ARTICLE 56To see if the Town will vote to amend the Personnel By-Law XXI Schedule “A” as shown as Appendix A on Page , and/or take any other action relative thereto. PERSONNEL BOARD Voted: (Unanimously)ARTICLE 57To see if the Town will vote to reestablish the Recreation Commission by reducing the number of members from seven (7) to five (5); two members for three years, two members for two years, and one member for one year and their successors shall be appointed by the Board of Selectmen for terms of three years each, and/or take any other action relative thereto.
BOARD OF SELECTMEN Voted: Carried.
ARTICLE 58To see if the Town will vote to amend Article 1, Section 0101 of the Town By-Laws as follows:
Delete the words “Monday” and “March”.
The article to read as follows:
The annual meeting for the election of officers and the determination of such matters as shall properly be placed upon the official ballot shall be held on the second Tuesday of April in the several precincts, and/or take any other action relative thereto. TOWN CLERK/BOARD OF SELECTMENVoted: (Unanimously)
ARTICLE 59To see if the Town will vote to amend the Town By-Law by deleting in Article 1, Section 0102. the word “April”.
The article to read as follows:
The annual meeting for consideration of all matters not covered by Section 0101. shall be held the first Tuesday in May, and/or take any other action relative thereto.
TOWN CLERK/BOARD OF SELECTMEN Voted: (Unanimously)
ARTICLE 60 To see if the Town will vote to amend Town By-Law Article XXX BEACH COMMITTEE 3002. that reads as follows: “The Board of Selectmen shall appoint said committee consisting of five members, one member to be selected from each of the five (5) voting precincts.”
by deleting the words “one member to be selected from each of the five (5) voting precincts.” and/or take any other action relative thereto. BEACH COMMITTEE/BOARD OF SELECTMEN Voted: Carried. (NOTE: see vote after Article 61)
ARTICLE 61 To see if the Town will vote to amend Town By-Law Article V by deleting in Section 0504.1 the word “ten” and the figure “$10,000.00” and inserting therein the word “twenty-five” and the figure “$25,000.00” to correspond with M.G.L. Chapter 30B pertaining to bidding requirements, and/or take any other action relative thereto. BOARD OF SELECTMEN Voted: Carried. (NOTE: see vote after Article 62)
Motion made to reconsider Article 60. Carried. (Article 60 requires 2/3 vote)
ARTICLE 60: VOTED: the provisions of Article 60 were lost. Yes: 81 No: 68
ARTICLE 62 To see if Town will vote to amend Town By-Law Article XXXV by deleting the current language of section 3502.2 that reads: The penalty for violation of section 3502.1 shall be as follows: for the first offense, fifteen ($15.00) dollars, for the second offense, twenty-five ($25.00) dollars, and for each subsequent offense, the vehicle may be removed according to the provisions of M.G.L. Chapter 266, Section 120D and insert therein the following: The penalty for violation of section 3502.1 shall be as follows: for each and every offense, one hundred ($100.00) dollars and/or vehicle may be removed in accordance with the provisions of M.G.L. c. 40, section 22D, and or take any other action relative thereto. BOARD OF SELECTMENVoted: (Unanimously)
Motion made to reconsider Article 61. Carried. (Article 61 requires a 2/3 vote)
ARTICLE 61. VOTED: The Moderator declared Article 61 carried by a 2/3 vote.
ARTICLE 63 To see if the Town will vote to amend the Town By-Laws by adding the following Article LIV RIGHT TO FARM as follows: ARTICLE LIV RIGHT TO FARM BY-LAW Article 97 of the Massachusetts Constitution ensures "the protection of the people in their right to the conservation, development and utilization of the agricultural... and other natural resources." Massachusetts General Laws Chapter 40A, Section 3, Paragraph 1 furthers this goal by stating that no local zoning bylaw may prohibit, unreasonably regulate, or require a special permit for the use of land for the primary purpose of agriculture. Other state laws such as Chapter 111, Section 125A provide additional protection and incentives for agriculture. This By-law does not seek to change these State laws, but to bring them together into one local By-law to enhance local understanding of “the right to farm.” This General By-law section encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmlands within the Town of Westport by allowing agricultural uses to function with minimal conflict with abutters and Town agencies. This section shall apply in all areas in the Town. The word "farm" shall include any parcel or contiguous parcels of land used for the primary purpose of agriculture as defined by the Commonwealth. The Commonwealth definition is at present that of Chapter 61A: a farm must contain at least five acres and have annual revenues of at least $500. The words "farming" or “agriculture" or their derivatives shall include: · farming in all its branches and the cultivation and tillage of the soil, · dairying, · the production, cultivation, growing, and harvesting of any agricultural, aquacultural, floricultural, viticultural, or horticultural commodities, · the growing and harvesting of forest products upon forest land, · the raising of livestock including horses, · the keeping of horses as a commercial enterprise, · the keeping and raising of poultry, swine, cattle, ratites (e.g. emu) and camelids (e.g. llama) and other domesticated animals for food and other agricultural purposes, bees, fur-bearing animals, and · any other forestry or lumbering operations. Farming shall encompass activities including, but not limited to: · the operation and transportation of large, slow-moving equipment over roads within the Town; · the control of pests, including, but not limited to; insects and weeds, predators and diseases of plants and animals; · the application of manure, fertilizers and pesticides; · conducting agriculture-related educational and farm-based recreational activities provided that the activities are related to marketing the agricultural output or services of the farm; · the processing and packaging of the agricultural output of the farm and the operation of a farmer's market or farm stand. · the on-farm relocation of earth and the clearing of ground for farming operations, provided that the movement of soils that are rated as "prime" by the Natural Resources Conservation Service shall not adversely affect agriculture in the Commonwealth. The right to farm is hereby recognized to exist within the Town of Westport. The foregoing agricultural activities may occur on holidays, weekdays, and weekends by night or day and shall include the attendant incidental noise, odors, dust and fumes associated with these practices. It is hereby determined that whatever impact may be caused to others through the normal practice of agriculture is more than offset by the benefits of farming to the neighborhood, community, and society in general. The foregoing agricultural activities must be in conformance with applicable Federal, State laws, and local rules and regulations, to which reference is made as to more specific rights and obligations of the agricultural community and the Town. The provisions of this By-law shall not apply whenever an impact results from willful negligence or reckless misconduct in the operation of any such agricultural or farming operation, place, establishment or facility, or any of its appurtenances. The following procedure is hereby encouraged to enhance early and effective resolution of farm-related issues: Any person who seeks to complain about the operation of a farm is encouraged to, prior to filing a formal complaint, file an informal complaint (grievance) with the Select Board, Zoning Enforcement Officer (ZEO), Board of Health, or Conservation Commission, depending upon the nature of the grievance. The filing of the grievance does not suspend the time within which to pursue any other remedies that the aggrieved may have. The ZEO or Select Board shall forward a copy of the grievance to the Agricultural Commission or its agent, which/who shall review and mediate the grievance and report its findings and recommendations to the appropriate Town authority for further action. The Board of Health, except in cases of imminent danger or public health risk, and the Conservation Commission shall forward a copy of the grievance to the Agricultural Commission or its agent, which/who shall review and mediate the grievance within an agreed upon timeframe, mediate the grievance and report its findings and recommendations to the Board. WESTPORT AGRICULTURAL COMMISSION
A motion to amend Article 63 by changing the word "shall" to "may" and deleting the phrase "mediate the grievance" which appears twice in the last paragraph was lost..
Voted: (Unanimously) to amend Article 63 to delete in the last paragraph, the phrase, "mediate the grievance".
Voted: (Unanimously) Article 63 as amended.
ARTICLE 64 To amend section 3101.
To delete the words “regular police officer or” and “or any other permanent officer of either department
To accept Massachusetts General Law c41 s99A which states, “any member of the regular police…shall reside within fifteen miles of the limits of said city or town. Said distance shall be measured from the closest border limits of said city or town in which said member is employed to the closest border limits of the city or town in which said member lives. BY PETITION Voted: to postpone Article 64 indefinitely. Carried.
ARTICLE 65 The petitioners are requesting the renewal of the Ambulance Revolving Fund at the next Annual Town Meeting. This allows the Fire Department to deposit into this fund receipts from Ambulance Fees from which costs not to exceed $80,000 for the purchase of an ambulance, ambulance equipment, supplies and/or any incurred ambulance related expense, not to include salaries, which may be expended without further appropriation by the Fire Department. BY PETITION Voted: (Unanimously) to pass over Article 65.
ARTICLE 66To see of the Town will vote to accept the layout of Jillian Way at its next annual Town Meeting, and/or take any other action relative thereto. BY PETITION Voted: (Unanimously) to pass over Article 66.
ARTICLE 67 To see if the Town will vote to accept the layout of Courtlyn Lane at its next annual Town Meeting, and/or take any other action relative thereto. BY PETITIONVoted: (Unanimously) to pass over Article 67.
ARTICLE 68 To see if the Town will vote to accept the layout of Shannon Drive at its next annual Town Meeting, and/or take any other action relative thereto. No action was taken on Article 68. No motion made.
ARTICLE 69To see if the Town will vote to accept Gabriala Drive as a Town Road in Westport, MA. BY PETITIONVoted: to accept Article 69 as "Gabriala Lane". Carried.
ARTICLE 70To see if the Town will vote to accept the Layout of Hunter’s Way on file in the Office of the Town Clerk and/or take any other action relative thereto. BY PETITION No action was taken on Article 70. No motion made.
ARTICLE 71To see if the Town will vote to accept the Layout of Field Stone Drive, on file in the Office of the Town Clerk, and/or take any other action relative thereto. BY PETITIONVoted: Carried.
ARTICLE 72To see if the Town will vote to accept the Layout of Winterberry Lane, on file in the Office of the Town Clerk, and/or take any other action relative thereto. BY PETITION Voted: Carried.
ARTICLE 73To see if the Town will vote to accept the Layout of Longwood Drive, on file in the Office of the Town Clerk, and/or take any other action relative thereto. BY PETITION Voted: (Unanimously) to pass over Article 73.
ARTICLE 74To see if the Town will vote to accept the Layout of Meadowbrook Lane, on file in the Office of the Town Clerk, and/or take any other action relative thereto. BY PETITIONVoted: (Unanimously) to pass over Article 74.
ARTICLE 75To see if the Town will vote to accept the Layout of Indian Trail Road, on file in the Office of the Town Clerk, and/or take any other action relative thereto. BY PETITIONVoted: (Unanimously) to pass over Article 75.ARTICLE 76To see if the Town will vote to accept the Layout of Miss Rachel Trail and or take any other action relative thereto. BY PETITIONNo action was taken on Article 76. No motion made.
ARTICLE 77To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to the Stabilization Fund and/or take any other action relative thereto. BOARD OF SELECTMEN/FINANCE COMMITTEE
Voted: (Unanimously) to pass over Article 77.
ARTICLE 4. VOTED: (Unanimously) Reserve Fund - $143,902.00 with $43,902. from Free Cash and $100,000. from Taxation.
Voted: (Unanimously) to adjourn and dissolve the Annual Town Meeting at 9:05 p.m.
There were 165 registered voters and 8 guests and visitors in attendance. |
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Steve, The following are the minutes of the A.T.M. and S.T.M. If you have any corrections or questions, please do not hesitate to contact me. Marlene
ANNUAL TOWN MEETING TOWN OF WESTPORT COMMONWEALTH OF MASSACHUSETTS ANNUAL TOWN MEETING MAY 26, 2009
BRISTOL, SS. To either of the constables of the Town of Westport in said County: GREETINGS: In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of the Town of Westport qualified to vote in elections and Town affairs, to assemble at the Westport High School on Tuesday, May 26, 2009 at 7:00 p.m., and then and there to act on the following articles, viz: Agreeable to the warrant calling said meeting, the voters of the Town of Westport assembled at the Westport High School on the above date. The meeting was called to order at 7:05 p.m. by Moderator Steven Fors who appointed Lino Rego to act as Teller and was duly sworn before the Town Clerk. Carol Tripp acted as Timekeeper for the meeting in accordance with a By-Law adopted under Article 45 of the Annual Town Meeting of 1963. All in attendance stood to salute the flag of our nation. The Moderator recognized and thanked former Selectmen Robert Rebello and J. Duncan Albert for their time and service to the residents of the Town and Superintendent Dr. Linda Galton for all her work on behalf of the students and parents of Westport. Motion and second to dispense with the reading of the warrant and the constables return of service of the warrant and that the Moderator not be required to read articles of the warrant verbatim but be allowed to refer to articles by number and subject matter. Voted: unanimously. Motion and second to allow the Moderator to declare that a two-thirds vote has been achieved according to General Law, Chapter 39, § 15. Voted: unanimously. Motion and second to recess the Annual Town Meeting at 7:16 p.m. and open the Special Town Meeting. Voted: unanimously. TOWN OF WESTPORT COMMONWEALTH OF MASSACHUSETTS SPECIAL TOWN MEETING WARRANT MAY 26, 2009 BRISTOL, SS. To either of the constables of the Town of Westport in said County: GREETINGS: In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of the Town of Westport qualified to vote in elections and Town affairs, to assemble at the Westport High School on Tuesday, May 26, 2009 at 7:15 p.m., and then and there to act on the following articles, viz: ARTICLE 1 To see if the Town will vote to raise and appropriate and/or transfer from available funds and/or transfer from various line items within the current appropriations such sums of money necessary to supplement the budgets of various departments for the fiscal year beginning July 1, 2008, and/or take any other action relative thereto. BOARD OF SELECTMEN FROM: TO: AMOUNT Highway Dept. Personal Services Highway Dept. Expenses $ 30,000.00 Town Beach Expenses Town Beach Personal Services $ 1,000.00 Police Dept. Personal Services Police Dept. Expenses $ 30,000.00 Shellfish Dept. Expenses Shellfish Dept. Personal Services $ 1,000.00 Reserve Fund Diman Regional Assessment $ 9,218.00 Reserve Fund Bristol Aggie Assessment $ 1,808.00 Reserve Fund Legal Dept. Expenses $ 34,852.06 Free Cash Legal Dept. Expenses $ 10,000.00 Free Cash Snow & Ice Personal Services $ 17,032.00 Free Cash Snow & Ice Expenses $292,968.00 Tax Collector Personal Services Tax Collector Expenses $ 2,000.00 Available Funds/Retained Earnings Water Purchases $ 23,000.00 Waterline Personal Services Water Purchases $ 4,600.00 Waterline Capital Outlay Water Purchases $ 5,000.00 Total $462,478.06 Motion and second to accept the line transfers as listed in Article 1. Voted: unanimously. ARTICLE 2 To see if the Town will vote to raise and appropriate and/or transfer from available funds such sums of money necessary for the purpose of paying outstanding bills from prior fiscal years, and/or take any other action relative thereto. BOARD OF SELECTMEN Motor Sports Accessories, Corp. $53.92 Motion and second to appropriate the sum of $53.92 from Free Cash. Voted: unanimously. Motion and second to dissolve the Special Town Meeting at 7:23 p.m. and reconvene the Annual Town Meeting. Voted: unanimously. And you are hereby directed to serve this warrant by posting five or more copies in as many places within said Town at least seven days before the time of said meeting. Hereof fail not and make due return of this warrant with your doings thereon to the Town Clerk at the time and place of meeting. Given under our hands at Westport this 4th day of May in the year two thousand and nine. Steven J. Ouellette, Chairman Brian T. Valcourt, Vice-Chairman Gary E. Mauk Paul A. Schmid, III Craig J. Dutra, Clerk WESTPORT BOARD OF SELECTMEN
Marlene Samson Town Clerk Westport, MA 02790 May 11, 2009 On this 11th day of May 2009, I posted 7 true attested copies of the forgoing warrant in the following named places: Briggs Road Fire Station State Road Package Store Senior Center Central Village Fire Station Briere’s Inc. a.k.a. Country Liquor & Variety Town Hall Lees Supermarket Joseph C. Latimer Constable of Westport ARTICLE 1 To see if the Town will vote to transfer to reduce taxation certain sums of money from various articles approved by Town Meeting, when there is a balance remaining that is no longer required to accomplish the purpose for which the articles were originally passed, and/or take any other action relative thereto. FINANCE COMMITTEE/BOARD OF SELECTMEN Motion and second to lay article 1 on the Table. Voted: The Moderator declared the motion to lay Article 1 on the Table carried by 2/3 vote. ARTICLE 2 To see if the Town will vote to fix the salary and compensation of all elected Town Officers, and/or take any other action relative thereto. Moderator $ 745.00 Selectmen - Chairman 7,068.00 Board Members (4) 27,871.00 Assessors - Board Members (3) 16,692.00 Board of Health - Members (3) 8,418.00 Highway Surveyor 68,496.00 Tax Collector 57,627.00 Town Clerk 57,627.00 Treasurer 57,627.00 Total $302,171.00 FINANCE COMMITTEE/BOARD OF SELECTMEN Motion and second to accept the provisions of Article 2. Voted: unanimously. ARTICLE 3 To see if the Town will vote to raise and appropriate and/or transfer from available funds such sums of money considered necessary to defray the Town's expenses for a twelve month period beginning July 1, 2009 and appropriate the same to several departments and/or take any other action relative thereto. FINANCE COMMITTEE/BOARD OF SELECTMEN Salary Expense Budget Appropriation Appropriation Total GENERAL GOVERNMENT 114 Moderator $ 745.00 $ 100.00 $ 845.00 122 Selectmen 215,142.00 18,000.00 233,142.00 131 Finance Committee 1,300.00 2,100.00 3,400.00 132 Reserve Fund -- 50,000.00 50,000.00 135 Town Accountant 91,611.00 23,937.00 115,548.00 141 Assessors 145,700.00 3,252.00 48,952.00 145 Treasurer 129,294.00 19,890.00 149,184.00 146 Collector 120,305.00 27,189.00 147,494.00 151 Legal -- 100,000.00 100,000.00 152 Personnel Board 484.00 40.00 524.00 155 Data Processing 27,319.00 43,900.00 71,219.00 161 Town Clerk 91,912.00 2,470.00 94,382.00 163 Registrar of Voters 44,065.00 19,548.00 63,613.00 171 Conservation 58,723.00 6,858.00 65,581.00 175 Planning Board 134,100.00 6,425.00 140,525.00 176 Appeals Board 4,635.00 1,325.00 5,960.00 192 Town Hall/Annex 74,287.00 69,350.00 143,637.00 193 Property Insurance -- 200,000.00 200,000.00 194 Housing Partnership Committee -- 200.00 200.00 195 Town Reports -- 2,700.00 2,700.00 198 Town Farm 2,816.00 2,816.00 $ 1,139,622.00 $ 600,100.00 $ 1,739,722.00 PUBLIC SAFETY 210 Police Department $ 2,395,793.00 $ 331,970.00 $ 2,727,763.00 220 Fire Department 1,611,263.00 161,486.00 1,772,749.00 241 Building Department 97,678.00 5,840.00 103,518.00 244 Sealer of Weights & Measurers 1,863.00 321.00 2,184.00 292 Dog Officer 26,685.00 4,850.00 31,535.00 297 Shellfish 71,245.00 20,218.00 91,463.00 298 Parking Tickets -- 3,285.00 3,285.00 $ 4,204,527.00 $ 527,970.00 $ 4 ,732,497.00 SCHOOLS 300 Westport Community Schools $11,683,256.00 $ 3,052,749.00 $14,736,005.00 360 Regional School Assessments -- 1,018,019.00 $ 1,018.019.00 $11,683,256.00 $ 4,070,768.00 $15,754,024.00 PUBLIC WORKS & FACILITIES 421 Highway Dept. $ 562,740.00 $ 127,795.00 $ 690,535.00 423 Snow & Ice (Snow Account) 39,635.00 30,000.00 69,635.00 424 Street Lights -- 22,000.00 22,000.00 433 Sanitary Landfill 126,166.00 194,362.00 320,528.00 491 Cemetery Department 129,213.00 10,014.00 139,227.00 492 Veteran’s Graves 1,000.00 1,938.00 2,938.00 $ 858,754.00 $ 386,109.00 $ 1,244,863.00 HUMAN SERVICES 511 Board of Health $ 209,431.00 $ 10,068.00 $ 219,499.00 519 Nursing 33,624.00 3,660.00 37,284.00 541 Council on Aging 142,759.00 49,297.00 192,056.00 543 Veterans Services 34,470.00 114,433.00 148,903.00 $ 420,284.00 $ 177,458.00 $ 597,742.00 CULTURE & RECREATION 610 Library $ 181,649.00 $ 25,062.00 $ 206,711.00 631 Town Beach 30,000.00 6,200.00 36,200.00 691 Historical Commission -- 940.00 940.00 $ 211,649.00 $ 32,202.00 $ 243,851.00 DEBT SERVICE 710 Principal Payments $ -- $ 649,000.00 $ 649,000.00 751 Interest Payments on Long Term Debt -- 116,000.00 116,000.00 752 Interest Payments on Short Term Debt -- 25,000.00 25,000.00 $ -- $ 790,000.00 $ 790,000.00 ASSESSMENTS 820 SRPEDD $ -- $ 2,300.00 $ 2,300.00 $ -- $ 2,300.00 $ 2,300.00 PENSION & INSURANCE 911 Pension Assessment $ -- $ 1,640,872.00 $ 1,640,872.00 914 Health & Life Insurance -- 2,986,500.00 $ 2,986,500.00 $ -- $ 4,627,372.00 $ 4,627,372.00 TOTAL FY10 OPERATING BUDGET $18,518,092.00 $ 11,214,279.00 $29,732,371.00 Motion and second to approve all line items except Data Processing and Health Insurance. Voted: unanimously. Motion and second to approve the sum of $71,219.00 for Data Processing. Voted: unanimously. Motion and second to approve the sum of $2,986,005.00 for Health & Life Insurance. Voted: carried. The following are the funding sources for Article 3: $ 28,781,900.00 Taxation 50,000.00 Overlay Surplus 45,000.00 Cemetery Perpetual Care Interest 10,000.00 Cemetery Sale of Lots 649,559.00 Free Cash _ 195,912.00 _ Transfer In-SBA Bond Reimbursements $ 29,732,371.00 Motion and second to advance the twelve articles of the consent calendar (Articles 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 18) and that the provisions of these articles be adopted as recommended by the Finance Committee. The funding source for Articles 7 and 8 is Taxation. Voted: unanimously. ARTICLE 4 To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen to borrow from time to time in anticipation of revenue of the fiscal year beginning July 1, 2009 in accordance with the provisions of the General Laws, Chapter 44, Section 4, and to issue a note or notes, payable within one year, and to renew any note or notes therefore, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with the General Laws, Chapter 44, Section 17, and/or take any other action relative thereto. BOARD OF SELECTMEN Voted: unanimously. ARTICLE 7 To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of $1.00 for the purpose of maintaining during the ensuing year the mosquito control work as estimated and certified by the State Reclamation Board in accordance with the provisions of Chapter 112 of the Acts of 1931 and/or to take any other action relative thereto. BOARD OF SELECTMEN Voted: unanimously $1.00 from Taxation. ARTICLE 8 To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of $770.00 to contract for environmental services directly related to Buzzards Bay, and/or take any other action relative thereto. BOARD OF SELECTMEN Voted: unanimously $770.00 from Taxation. ARTICLE 9 To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2010, a revolving fund for the Council on Aging into which will be paid all receipts from health care promotion, recreational and social programs for seniors, except for receipts from the social day care program, from which costs not to exceed the sum of $20,000.00 for these same services may be expended without further appropriation by the Council on Aging and Board of Selectmen, and/or take any other action relative thereto. COUNCIL ON AGING Voted: unanimously. ARTICLE 10 To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2010, a revolving fund for the Council on Aging into which will be paid all receipts from the Social Day Care Program, from which costs not to exceed the sum of $80,000.00 for these same services may be expended without further appropriation by the Council on Aging and Board of Selectmen, and/or take any other action relative thereto. COUNCIL ON AGING Voted: unanimously. ARTICLE 11 To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2010, a revolving fund for the Council on Aging into which will be paid all receipts from income-generating activities, except receipts from health care promotion, recreational and social programs, transportation activities, and the social day care program which are the source of receipts for other revolving funds, to support the Westport Senior Center from which costs not to exceed the sum of $5,000.00, for building operating/maintenance expenses, excluding salaries and wages of all full-time and part-time employees who are employed at said Senior Center, may be expended without further appropriation by the Council on Aging and Board of Selectmen, and/or take any other action relative thereto. COUNCIL ON AGING Voted: unanimously. ARTICLE 12 To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2010, a revolving fund for the Council on Aging into which will be paid all receipts from transportation for seniors, from which costs not to exceed the sum of $30,000.00 for these same services may be expended without further appropriation by the Council on Aging and Board of Selectmen and/or take any other action relative thereto. COUNCIL ON AGING Voted: unanimously. ARTICLE 13 To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2010, a revolving fund for the Westport Fire Department into which will be paid all receipts from Ambulance Fees, from which costs not to exceed $110,000.00 for the purchase of an ambulance, ambulance equipment and/or any incurred ambulance-related expense, not to include salaries, which may be expended without further appropriation by the Fire Department, and/or take any other action relative thereto. FIRE CHIEF Voted: unanimously. ARTICLE 14 To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2010, a revolving fund for the Westport Fire Department into which will be paid all receipts from Haz-Mat Fees, from which costs not to exceed $50,000.00 for the purchase of Haz-Mat equipment and/or any incurred Haz-Mat related expense, not to include salaries, which may be expended without further appropriation by the Fire Department, and/or take any other action relative thereto. FIRE CHIEF Voted: unanimously. ARTICLE 15 To see if the Town will vote to establish and reauthorize pursuant to the provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2010, a revolving fund for the Electrical, Plumbing & Gas Inspectors, into which will be deposited all receipts from fees and fines paid for electrical, plumbing and gas permits, from which costs not to exceed $85,000.00 for inspections performed, mileage, schooling, supplies, clerical wages, equipment and other related miscellaneous expenses may be expended without further appropriation by the Electrical, Plumbing and Gas departments. Any fund balance in excess of $40,000.00 at the end of the fiscal year will be transferred into the General Fund, and/or take any other action relative thereto. BUILDING DEPARTMENT Voted: unanimously. ARTICLE 16 To see if the Town will vote to establish and reauthorize pursuant to the provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2010, a revolving fund for the Board of Selectmen into which will be paid receipts from the additional License Fee, from which costs not to exceed $100,000.00 for cable services, equipment and/or supplies may be expended without further appropriation by the Board of Selectmen, and/or take any other action relative thereto. BOARD OF SELECTMEN Voted: unanimously. ARTICLE 18 To see if the Town will vote to establish and reauthorize pursuant to the provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2010, a revolving fund for the Westport Police Department into which will be paid all receipts from Police Cruiser Fees associated with private details, from which costs not to exceed $50,000.00 for the purchase of cruisers, associated equipment and/or any incurred police cruiser-related expense, not to include salaries, which sum may be expended without further appropriation by the Westport Board of Selectmen, and/or take any other action relative thereto. POLICE CHIEF Voted: unanimously. ARTICLE 5 To see if the Town will vote to raise and appropriate and/or transfer from other available funds and/or borrow a sum of money to be used in conjunction with, and/or in addition to any funds allocated by the Commonwealth and/or County for the engineering services, construction, reconstruction, and/or improvements of Town roads, and/or take any other action relative thereto. HIGHWAY DEPARTMENT Motion and second to accept the provisions of Article 5. Voted: The Moderator declared Article 5 carried by 2/3. ARTICLE 6 To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of $20,000 to be used for the engineering services, repair, resurfacing, reconstruction, drainage, and maintenance of Town roads, and/or take any other action relative thereto. HIGHWAY DEPARTMENT Motion and second to pass over Article 6. Voted: unanimously. ARTICLE 17 To see if the Town will vote to establish and reauthorize pursuant to the provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2010, a revolving fund for the Planning Board into which will be paid all portions of filing fees and other fees collected for the purpose of maintaining the assessors parcel GIS database. These funds may be expended for costs not to exceed $20,000, and solely for purposes related to maintaining the GIS database, and may be expended without further appropriation by the Planning Board, and/or take any other action relative thereto. PLANNING BOARD Motion and second to accept the provisions of Article 17. Voted: unanimously. ARTICLE 19 To see if the Town will vote to establish pursuant to the provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2010, a revolving fund for the Hix Bridge Boat Ramp into which will be paid all receipts from the Hix Bridge Boat Ramp Permits from which costs not to exceed $3,000.00 may be expended for Hix Bridge Boat Ramp purposes, not to include salaries, which sum may be expended without further appropriation by the Westport Board of Selectmen, and/or take any other action relative thereto. HARBORMASTER/BOARD OF SELECTMEN Motion and second to pass over Article 19. Voted: unanimously. ARTICLE 20 To see if the Town will vote to raise and appropriate or transfer from available funds $125,000.00 to operate the Harbor Enterprise, and/or take any other action relative thereto. Salaries $ 50,036.00 Expenses $ 63,964.00 Capital Outlay $ 11,000.00 Total $125,000.00 and that $125,000.00 be raised as follows: User Charges $125,000.00 BOARD OF SELECTMEN/HARBORMASTER/WHARFINGER Motion and second to accept the provisions of Article 20. Voted: unanimously. ARTICLE 21 To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to operate the Waterline Enterprise, and/or take any other action relative thereto. Salaries $ 5,000.00 Capital Outlay $ 5,000.00 Expenses $ 75,000.00 Total $ 85,000.00 and that $85,000.00 be raised as follows: User Charges $85,000.00 BOARD OF SELECTMEN Motion and second to accept the provisions of Article 21. Voted: unanimously. ARTICLE 22 To see if the Town will vote to transfer the sum of $20,000.00 from the Cemetery Lots and Graves account for the maintenance and upkeep of cemeteries, avenues, paths and structures situated therein, and/or take any other action relative thereto. CEMETERY DEPARTMENT Motion and second to accept the provisions of Article 22. Voted: unanimously. ARTICLE 23 To see if the Town will vote to raise and appropriate and/or transfer from available funds, a sum of $20,000.00 to be used by the Board of Assessors to fund fees and expenses to update the Revaluation program mandated by Chapter 797 of the Acts of 1979 to place the Town on a 100% valuation assessment basis, and/or take any other action relative thereto. BOARD OF ASSESSORS Motion and second to pass over Article 23. Voted: unanimously. ARTICLE 24 To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the FY10 Community Preservation budget and to appropriate from the Community Preservation Fund a sum of money to meet the administrative expenses and all other necessary and proper expenses of the Community Preservation Committee for the Fiscal Year 2010; and further to reserve for future appropriation a sum of money for the acquisition, creation and preservation of open space excluding land for recreational use; a sum of money for acquisition, preservation, restoration and rehabilitation of historic resources; and a sum of money for the acquisition, creation, and preservation of community housing; and further to appropriate from the Community Preservation Fund a sum or sums of money for Community Preservation projects or purposes, all as recommended by the Community Preservation Committee, and/or take any other action relative thereto. COMMUNITY PRESERVATION COMMITTEE Motion and second to appropriate the following: Purpose Amount Fund Source OPEN SPACE Bread & Cheese/ Brookside Conservation proj. $ 75,000 Prior years’ undesignated CPA Funds Open Space Reserve $ 74,000 Prior years’ undesignated CPA Funds HISTORIC PRESERVATION Head of Westport Town Landing: Rehabilitation $ 16,000 Prior years’ undesignated CPA Funds Linden Grove/Maple Grove Historic Preservation $ 10,200 Prior years’ undesignated CPA Funds Waite-Potter Archeological Dig $ 8,970 Prior years’ undesignated CPA Funds Grange Historic Preservation $ 57,250 Prior years’ undesignated CPA Funds Bell School Exterior $ 26,500 Prior years’ undesignated CPA Funds Historic Inventory $ 20,000 Prior years’ undesignated CPA Funds Town Clerk Record Book Preservation $ 25,000 Prior years’ undesignated CPA Funds Library Historic Records Area $ 20,000 Prior years’ undesignated CPA Funds Historic Preservation Reserve $ 74,000 FY10 CPA Fund Revenues COMMUNITY HOUSING Central Village C.H. Support: Sidewalks $ 17,000 Prior years’ undesignated CPA Funds Community Housing Reserve $274,000 FY10 CPA Fund Revenues ADMINISTRATIVE ACCOUNT $ 21,000 Prior years’ undesignated CPA Funds Voted: unanimously. ARTICLE 25 To see if the Town will vote to appropriate a sum of money for the cost of various capital expenditures in accordance with the Town’s Fiscal Year 2010 Capital Improvement Planning Program, to determine whether this appropriation shall be raised by borrowing or otherwise, and/or to take any other action relative thereto. CAPITAL IMPROVEMENT PLANNING COMMITTEE Motion and second to pass over Article 25. Voted: unanimously. ARTICLE 26 To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of $6,500.00 necessary to provide for economic planning and coordination services, and/or take any other action relative thereto. WESPORT ECONOMIC DEVELOPMENT TASK FORCE Motion and second to pass over Article 26. Voted: unanimously. ARTICLE 27 To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of $10,000.00 for follow-up environmental maintenance work at the Westport Town Hall as required by the Department of Environmental Protection, and/or take any other action relative thereto. BOARD OF SELECTMEN Motion and second to appropriate the sum of $10,000.00 from Free Cash. Voted: unanimously. ARTICLE 28 To see if the Town will vote to amend the Westport Zoning By-Laws by adding a new article and making other amendments in the following manner: Item One: To add Article 19 Noquochoke Overlay District as follows: ARTICLE 19 NOQUOCHOKE OVERLAY DISTRICT (NOD) 19.0 Purpose The purpose of the NOD by-law is to provide a mechanism for the approval of: ? A range of housing choices, including but not limited to, moderate-density, multi-family dwellings; ? Housing suitable for households of varying ages, sizes, and income levels; ? Dwelling units that shall be eligible for inclusion on Westport's Subsidized Housing Inventory under the Local Initiative Program of M.G.L. Ch. 40B, as administered by the Department of Housing and Community Development (DHCD); ? Development in a manner that conserves natural features, such as wetland resources, open space, areas of scenic beauty, and vegetated buffers along public ways and adjacent residential properties; ? Development that groups buildings to preserve open space; facilitate efficient provision of utilities; and create a sense of neighborhood and community; ? Development in accordance with a site plan demonstrating a design that is both technically functional and in harmony with both the site and surrounding land uses. ? Development that, by means of site planning and building design, promotes social sustainability. 19.1 Definitions Development: Any project applied for and/or approved pursuant to Article 19 of the Zoning By-Laws. 19.2 Powers and Administrative Procedure This Bylaw shall apply to developments in the Noquochoke Overlay District (NOD) as defined in Article 3 of the Westport Zoning By-Laws. Any such development shall require, without limit, a special permit under Article 2 of the Zoning By-Laws and G.L. c. 40A, §9; Site Plan Approval under Article 15; and an Inclusionary Housing Special Permit under Article 13. For the purposes of Article 19, the Planning Board of the Town of Westport (the "Board") is hereby designated as the Special Permit Granting Authority (SPGA). As such, the Board may adopt any additional regulations, forms, fees, design guidelines, and design and construction standards it deems necessary to administer this By-Law, provided that it shall not regulate or restrict the use of materials or methods of construction of structures that are regulated by the State Building Code. In granting a special permit, the Board may, without limit, impose controls on the dimensions, and bulk of buildings to enhance architectural compatibility with the surrounding neighborhood, and on locations of buildings and site improvements to enhance a sense of community and to ensure public health, safety and convenience and the protection of natural and cultural resources. 19.2.1 Procedures The Board shall act on all special permit applications as provided by the Rules and Regulations of the Planning Board as a Special Permit Granting Authority. 19.2.2 Consolidation of Permits and Procedures When approval is sought under this article for a project that requires special permit relief from the Planning Board pursuant to multiple Articles of the Zoning By-Laws such as, but not limited to, Article 13 Inclusionary Housing, and requiring Site Plan Approval where the Board serves as the reviewing authority, the applicant is strongly encouraged to simultaneously apply to the Board for all of the relief and submit all materials and fees initially required by those articles with the application made under this article. Whenever possible and practicable, the Board may consolidate the multiple special permits and site plan approval proceedings, with regard to conducting the public hearings and issuing decisions. If a decision is granted under this article and other relief is addressed as well, whenever possible, the Board will issue an integrated decision for the entire project. Notices for public hearings should reference the Zoning By-Law sections under which relief is sought. 19.3 Permitted and Prohibited Uses 19.3.1 Permitted Uses Uses allowed by right pursuant to the Table of Use Regulations in the underlying district shall also be allowed by right in this overlay district. The following uses in the Noquochoke Overlay District shall require a special permit: a) Developments including Single-family, Two-, and/or Multi-family dwellings with up to 12 dwelling units per building, including structures and facilities accessory thereto, b) Community uses accessory to the residential uses, c) Projects containing a combination of uses allowed by right and the aforementioned uses. 19.3.2 Prohibited Uses Those uses prohibited in the underlying district pursuant to the Table of Use Regulations or not expressly allowed in this overlay district shall be prohibited. 19.4 Application for a Special Permit Approval An application for a Noquochoke Overlay District Special Permit shall adhere to the Rules and Regulations of the Planning Board as Special Permit Granting Authority. 19.5 Relationship to Other Regulatory Requirements The submittals and permits of Article 19 shall be in addition to any other requirements of the applicable sections of the Rules and Regulations governing the Subdivision of Land in Westport, MA, Rules and Regulations of the Westport Planning Board for Site Plan Approval, and the Rules and Regulations of the Westport Planning Board for Inclusionary Housing Special Permits. Where such requirements conflict, the more stringent requirement shall control unless the Board determines that requirement to be unnecessary to protect the public interest and/or inconsistent with the intent of Article 19. 19.6 Density The maximum number of dwelling units allowed shall be established by calculations based upon a Net Usable Land Area (NULA) plan for the overall property, submitted by the applicant as part of the initial submission. The NULA acreage shall be established by subtracting all water bodies and any wetland resource area subject to protection under M.G.L. Ch. 131 s. 40 (the "Wetland Protection Act") and 310 CMR 10.00 (the "Wetland Protection Regulations") from the gross acreage of the site. The remaining upland area shall be the NULA for the purposes of establishing the number of units allowed in a development. The total number of proposed units within the development shall not exceed eight (8) dwelling units per NULA acre with a maximum of fifty-four (54) total dwelling units in the district. These may be in one-bedroom, two-bedroom, or three-bedroom dwelling units. The percentages of unit types shall be dispersed equally among market-rate units and affordable units. The distribution of unit types shall conform with Westport’s Housing Plan and/or Needs Assessment. 19.7 Area and Dimensional Requirements There shall be no minimum lot area, frontage, floor area ratio, lot width or yard requirements within the NOD, or for any lot or building within the NOD, except as provided in this section; however, all developments with the NOD shall comply with the applicable requirements of the Aquifer Protection and Flood Plain Overlay Districts. The Board may impose appropriate conditions on the layout, location and size of buildings, structures and open spaces. Nothing contained herein shall relieve the owner of a proposed Development from receiving final approval of a definitive subdivision plan in accordance with the Town’s Subdivision Regulations if the Development proposes subdividing or re-subdividing the development site. In this case, the Special Permit application shall be accompanied by such other data as is required by the Rules and Regulations Governing the Subdivision of Land. 19.7.1 Building Height, Bulk and Setback Requirements 19.7.1.1 Building Height and Bulk The maximum height of any building in the NOD shall be 35 feet. Building height shall be measured as the vertical distance from the Average Natural Grade under the footprint of the building, to the highest point of the roof assembly. Architectural elements that do not add interior or exterior floor area to a building, such as chimneys, and vents, are not considered part of the height of the building. Average Natural Grade shall be derived from the average elevation of the natural grade along the exterior of the building facing the front lot line or street line and the average elevation of the natural grade along the exterior of the rear or opposite side of the building. The livable floor area of the third level or floor of a building shall be 50 percent or less of the livable floor area of the second level or floor of that building. 19.7.1.2 Setbacks from NOD Boundary All buildings, structures and facilities within the NOD shall maintain a minimum setback of 30 feet from the NOD boundary where that boundary coincides with the sideline of American Legion Highway. The setback of all buildings from the NOD boundary in all other instances shall be at least 1.5 multiplied by the height of the intersection of building wall and roof on the side of the building nearest the NOD boundary. Other major structures, and major stormwater management facilities, such as retention/detention basins, shall be set back at least 20 feet from the NOD boundary. Other utilities, roads and access driveways, swales, and minor improvements such as accessory buildings shall be set back at least 10 feet from the NOD boundary unless otherwise specified by the Board. All buildings, structures and major facilities within the NOD shall be shielded from adjacent properties by a buffer, adequate in the Board's opinion, which shall contain landscape elements. 19.7.1.3 Separation of Buildings The minimum separation of buildings within the NOD shall be 20 feet. The Board may require greater separation of between larger buildings or may permit lesser separations if it finds that separation of less than 20 feet meets the purpose and intent of the NOD. 19.7.1.4 Front Yard Setbacks The minimum front yard setback from the street or access drive within the NOD shall be 20 feet for a single-family or two-family dwelling, and 30 feet for a multi-family dwelling. 19.8 Building Requirements for Multi-family Dwellings In the NOD, there shall be no more than 12 dwelling units and two garage spaces per dwelling unit in any residential building. The maximum length of any residential building shall be not more than 120 feet. 19.9 Open Space Requirements. The development shall meet the Open Space Requirements as delineated in section 18.8 of Article 18 Open Space Residential Development (OSRD). Any special permit granted shall contain, as a condition of approval, that the required open space shall be protected by a permanent conservation restriction which shall be recorded before the conveyance of any unit occurs. Said restriction shall be held by the Conservation Commission, a non-profit conservation organization, or an organization or trust representing homeowners in the development, at the option of the Planning Board. The open space shall allow walking paths and other passive recreational uses, but shall not be use for the siting of any structure, building, septic system, well (drinking water or geothermal) or utilities or pipes. 19.10 Architectural Design, Community Open Spaces and Amenities, and Non-Vehicular Circulation 19.10.1 Community and Private Open Spaces and Amenities In addition to the contiguous open space required to be restricted to conservation and passive recreational use, the design of the site shall incorporate small private and community outdoor spaces, designed as "outdoor rooms", such as greens or other landscaped areas, and a system of pathways or sidewalks designed to provide for internal pedestrian circulation among dwellings and other facilities. The open spaces surrounding buildings and within neighborhoods shall provide for plantings and outdoor sitting areas, as well as small gathering and recreational areas for the use of the residents of the development. Outdoor areas for the use of inhabitants of each building shall be provided contiguous to each building with attention being paid to the delineation of public versus private outdoor spaces. Amenities such as porches and landscaped sitting areas may be used to fulfill this requirement. Areas or facilities designed for use by all members of the Noquochoke community or neighborhood shall be distributed in such a manner as to allow easy, non-vehicular, access for all of the Noquochoke residents they are designed to serve, as well as vehicular access, where appropriate. 19.10.2 Non-Vehicular Circulation Sidewalks shall be provided along at least one side of all streets and/or access driveways within the development unless waived by the Board in favor of equivalent, alternative pathways providing convenient access among all buildings and community amenities. A pedestrian connection shall be provided to American Legion Highway. 19.10.3 Architectural Design Building design shall be consistent in scale, bulk, materials, color and typology with the architecture of the South Coast of Massachusetts. Private, ground floor entries for each dwelling unit, located on the front of residential buildings are preferred. Window area equivalent to a minimum of twenty-five percent of the first floor wall area of the primary facade of residential buildings is preferred. For larger buildings, variation in roof shape and building form, articulation of the facade, variation of street setback, and other means to enhance architectural interest are encouraged. In granting a Special Permit, the Board may impose conditions to ensure architectural compatibility with the character of the region and/or neighborhood. 19.11 Social Sustainability, Accessibility, and Visitability Social sustainability is design that acknowledges that a person’s abilities may change over his or her lifetime and allows their home and neighborhood to accommodate the changing needs. Principles of social sustainability should be applied throughout the development – to thebuildings, landscapes and amenities. The design can provide full accessibility or can be easily adapted to meet changing needs. For people to fully participate in community life, in homes they may visit, as well as in public spaces, the design shall meet the following standards/guidelines. 19.11.1 Goals ? To create socially equitable homes and communities that includes persons with a range of abilities. ? To minimize the economic and social costs of expensive renovations or the need to move from one’s home. ? To avoid the structural barriers that can prevent older adults and persons with disabilities from leading independent lives and participating fully in their communities. 19.11.2 Accessible Dwelling Units A minimum of 30 percent of the total dwelling units in the Development shall be Visitable in accordance with the criteria in Section 19.11.3. 19.11.3 Performance Criteria for Social Sustainability and Visitability Dwellings in the NOD shall meet the following criteria for visitability unless explicitly waived by the Planning Board. Visitability increases the supply of accessible housing through the inclusion of three basic structural features at the time of home construction: ? A zero-step entrance; ? Doorways (both interior and exterior) with at least 32 inches of clear width, but shall not conflict with any requirement of the State Building Code; ? At least a half bath on the main floor of the home. 19.11.4 Additional Guideline Reinforcement in the bathtub area of bathroom walls of all dwelling units to allow easy addition of grab bars is suggested. 19.12 Off-Street Parking Off-Street Parking shall, in general, adhere to the design and dimensional requirements of Section 5.1.0 Off-Street Parking; however, the minimum requirements for parking spaces shall be as follows: Residential dwelling units: 2 spaces per unit Visitor Parking: 1 space for every 3 residential dwelling units Community Buildings: 3 spaces per 1000 square feet of gross floor area Recreational uses: To be determined during the review process. Where feasible the ITE Parking Generation Manual in effect during January 2009 shall be used. 19.13 Access Way Construction Construction of access ways within the NOD shall conform to the applicable requirements of the Rules and Regulations Governing the Subdivision of Land. The Board may waive any requirements of the Rules and Regulations it deems to be unnecessary either to meet the intent of this by-law or to ensure public safety. The minimum paved width shall not be less than 20 feet and the minimum right-of-way width shall be 32 feet. A sidewalk on at least one side of each access way shall be required. 19.14 Condominium Association In cases of sale of individual units as condominiums, there shall be included in the deed a requirement obligating the purchasers to join in an organization of unit owners incorporated under Chapter 183A as amended, of the General Laws of the Commonwealth. If any unit is sold separately, there shall be a deed restriction that shall require mandatory membership in a homeowner’s association, which shall satisfy all of the same requirements. No conveyance of an individual unit shall take place until this requirement has been satisfied. The organization shall file a written report, including the names of officers, with the Town Clerk by February 15 of each year. Such report may be the same written report rendered to all unit owners referred to in G.L. c. 183A, § 10, par. D. 19.14.1 The Condominium or Homeowners Association (the "Association") shall provide for the maintenance of common open space, drainage facilities, community water and sewage disposal systems, the access ways, parking areas, recreational facilities or any other commonly held property or facility. The Association shall be a permanent agreement, either through a non-profit homeowner's and/or condominium association, and be recorded by a covenant or other agreement in the Bristol County Registry of Deeds before the conveyance of any unit or dwelling. Drafts of the proposed agreements shall be submitted to the Board with the development plan and shall be subject to approval by the Board and by Town Counsel, at the applicant's expense, as a condition of approval of the special permit relief. a) The agreement shall provide for the maintenance of all common land and facilities and specify the required methods of maintenance b) Membership in the Association shall be compulsory as a requirement of ownership of any lot or unit in the development. c) The agreement shall require compulsory assessment upon the individual owners for the cost of maintenance and the creation of a lien on any unit that is assessed for failure to pay such assessment. d) The agreement shall mandate that the Association shall not be dissolved without the consent of the Board; and any other specifications deemed necessary by the Board. e) The agreement shall provide that, in the event the Association or any successor organization, fails to maintain the common open space or any commonly owned facility in reasonable order and condition in accordance with the development plan, the Town shall have the right but not the obligation enforce the provisions of the agreement and shall be provided with an easement that shall allow the Town and its agents to enter onto such portions of the land in the development as are necessary to perform the required maintenance in order to preserve the taxable values of the properties within the development and to prevent the common land or facility from becoming a hazard or nuisance. If the Town performs any maintenance or repair work, the Association and its members shall be jointly and severally liable to reimburse the Town for its costs and the cost, if unpaid, shall become a lien upon the properties in the development until said cost has been paid in full. f) The developer shall turn over such Association to the homeowners at such time as 51 percent of the units or lots have been leased or sold. The agreement shall provide that the developer shall bear the responsibility for installation and/or maintenance of common open space, community water and sewage disposal systems, private ways, recreational facilities or any other commonly held property or facility until (1) such time as these facilities are completed to the satisfaction of the Board and (2) at least 51 percent of the units or lots have been sold, at which time the homeowner's or condominium association shall bear the responsibility of maintaining these areas and facilities. 19.15 Housing Affordability 19.15.1.1 Marketing Plan Applicants under this by-law shall submit a marketing plan as outlined in Section 13.8, Marketing Plan for Affordable Units, of these By-Laws. 19.15.2 Required Affordable Units Not less than 30% of the total dwelling units constructed in each development shall be designated as Affordable Units as defined in Section 1.1.E of these By-Laws and shall be eligibility for inclusion in the SHI maintained by DHCD and the applicant shall provide written evidence of such eligibility from DHCD. For purposes of calculating the number of units of affordable housing required within a development, any fraction of a unit shall be deemed to constitute a whole unit. 19.15.3 Design and Construction Affordable Units shall be finished housing units; the exterior shall be comparable in initial construction, quality and exterior design to Market Rate Units in the development. 19.15.4 Affordable Housing Restrictions Each Affordable Unit shall be subject to a permanent Affordable Housing Restriction which shall be approved by the Board and Town Counsel and duly recorded, before any Affordable Unit is sold, with the appropriate registry of deeds or district registry of the Land Court and which contains the following: a) Specification of the term of the Affordable Housing Restriction which shall be the maximum period allowed by law but not less than ninety-nine years; b) The name and address of an administering agency with a designation of its power to monitor and enforce the affordable housing restriction; c) Reference to a housing marketing and resident selection plan, to which the Affordable Unit is subject and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan for the Affordable Units may provide for preferences in resident selection to the extent consistent with applicable law; the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such Unit shall be given to a household of the appropriate size; d) A requirement that residents shall be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan; e) A description of the Affordable Unit by address and number of bedrooms; f) Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership shall be set; g) Designation of the priority of the Affordable Housing Restriction over other mortgages and restrictions; h) A requirement that only an Eligible Household may reside in an Affordable Unit and that notice of any lease or sublease of any Affordable Unit shall be given to the administering agency; i) Provision for effective monitoring and enforcement of the terms and provisions of the Affordable Housing Restriction by the administering agency; j) Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the administering agency and the Town of Westport, and shall limit initial sale and resale to and occupancy by an Eligible Household; k) Provision that the restriction on an Affordable Rental Unit shall run in favor of the administering agency and The Town of Westport, and shall limit rental and occupancy to an Eligible Household; l) Provision that the owner (s) or manager(s) of Affordable Rental Unit(s) shall file an annual report to the administering agency in a form specified by that agency certifying compliance with the affordability provisions of this By-Law, and containing such other information as may be reasonably requested in order to ensure affordability. m) A requirement that residents in Affordable Housing provide such information as the administering agency may reasonably request in order to ensure affordability. 19.15.4.1 Affordable Housing Administering Agency An administering agency for affordable units, which may be the Westport Housing Authority, or other qualified housing entity shall be designated in the special permit. In a case where the administering agency cannot adequately carry out its administrative duties, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the Board or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such agency shall ensure the following: a) Prices of Affordable Homeownership Units are properly computed, rental amounts of Affordable Rental Units are properly computed; b) Income eligibility of households is properly and reliably determined; c) The housing marketing and resident selection plan conforms to all requirements and is properly administered; d) Sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; e) Affordable Housing Restrictions meeting the requirements of this section are recorded with the proper registry of deeds; f) All payments to the Town of Westport and their assigns are made in a timely manner pursuant to the requirements of the deed restrictions for the Market Rate Units. 19.15.5 Housing Marketing and Selection Plan The housing marketing and selection plan shall make provision for payment by the Development applicant or successor in title of reasonable costs to the administering agency to develop, advertise, and maintain the list of Eligible Households, and to monitor and enforce compliance with affordability requirements. Such payment as determined by the SPGA shall not exceed one-half (1/2%) percent of the amount of rents received for each Affordable Rental Unit (payable annually by the Owner of said Affordable Rental Unit) and/or one (1%) percent of the sale or resale prices of Affordable Homeownership Units (payable upon each such sale or resale), as applicable. 19.15.7 Payment in Lieu of Eligible Buyer The Board may allow a developer of non-rental housing units to make a cash payment to the Town through its Affordable Housing Trust Fund for each affordable low-or moderate-income unit, if after one-year's time, a buyer cannot be found for an affordable unit. The cash payment shall be equal either to (1) the difference between the fair market value for a typical market-rate housing unit in the proposed development, as determined by the Board, and the price of a housing unit affordable to a low- or moderate-income household; or (2) the difference the between the actual fair market price paid for the unit and the price of an affordable unit, whichever is greater. 19.16 Decision The Board may approve or approve with conditions an application for a NOD Special Permit, if the Board determines that the Development better promotes the objectives herein, than a conventional development would and that the Development is in compliance with applicable sections of the Rules and Regulations governing the Subdivision of Land in Westport, MA, Rules and Regulations of the Westport Planning Board for Site Plan Approval, and the Rules and Regulations of the Westport Planning Board for Inclusionary Housing Special Permits. 19.17 Issuance of Occupancy Permits The Building Inspector shall not issue an occupancy permit for a unit without prior receipt of evidence that all restrictions and covenants required as set forth hereunder have been duly recorded at the Registry of Deeds and that the low-and moderate-income units have been approved for listing by DHCD for Westport’s SHI. 19.18 Further Conditions No lot shown on a plan for which relief is granted under this section may be further subdivided, and a restrictive covenant imposing this condition shall be recorded against the subject land before any building permit issues and a note regarding this condition shall be placed on the approved plan and it shall be recorded as a condition of the special permit taking effect. Subsequent to granting relief, the Board may permit minor adjustments of lot lines within the development that do not result in the creation of additional lots. However, any change in overall density, street layout, or open space layout shall require a modification of the special permit and full public hearing, with notice. Item Two Definitions. To amend Section 1.1 Definitions by adding the following definitions to that Section of the Westport Zoning Bylaws in the correct alphabetical order: _Affordable Housing Restriction_ A deed restriction approved by the Board and Town Counsel that designates a Dwelling Unit as affordable housing pursuant to the statutory requirements of the General Laws of the Commonwealth of Massachusetts, regulations and guidelines adopted pursuant thereto by the Dept. of Housing and Community Development, as well as any applicable requirements of the Westport Zoning By-Laws and regulations promulgated thereunder and that renders the unit eligible for inclusion in the SHI maintained by DHCD or any successor agency. _Dwelling, Two-Family_ A detached building containing two (2) dwelling units, with each unit containing its own sleeping, cooking and sanitary facilities. _Dwelling, Multi-Family_ A building containing more than two dwelling units, with each unit containing its own sleeping, cooking and sanitary facilities. _Market Rate Dwelling Unit_ A Dwelling Unit available for sale or rent within a project or development at an unsubsidized price commensurate with the fair market value of said dwelling unit. _Single Family Dwelling Unit (Noquochoke Overlay District Only)_ A detached building containing not more than one dwelling unit. _Social Sustainability_ Design of the physical environment so as to provide, or easily to allow future adaptation to provide, full accessibility to persons with a range of physical abilities as these may change throughout their lifetime. _Visitability_ Dwelling units are deemed Visitable if they meet the following three criteria: zero step entrance, all doorways that are 32 inches clear, and a toilet on the first floor. _Zero step entrance_ An entrance that has no steps, and is at grade level with the exterior grounds. The zero step entrance can be at any doorway; front, side, rear. _Zoning By-Laws_ The Zoning By-Laws of the Town of Westport as amended. Item Three To amend Section 2.6 concerning the Planning Board as Special Permit Granting Authority as follows: To change Section 2.6 from: The Planning Board is hereby designated as the Special Permit Granting Authority (SPGA) for Assisted and Independent Living Facilities (Article 11.0) and for Drive-Through Facilities. The Planning Board shall act on all special permit applications as provided by the Rules and Regulations of the Planning Board as Special Permit Granting Authority to be adopted hereunder. To: The Planning Board is hereby designated as the Special Permit Granting Authority (SPGA) for Assisted and Independent Living Facilities (Article 11), for Inclusionary Housing (Article 13), for Drive-Through Facilities (Article 14), and for the Noquochoke Overlay District (Article 19). The Planning Board shall act on all special permit applications as provided by the Rules and Regulations of the Planning Board as Special Permit Granting Authority to be adopted hereunder. and to delete Section 2.7 in its entirety. Item Four To amend Article 3 Establishment of Districts, by adding to Section 3.0 Types of Districts the following: "H. _Noquochoke Overlay District" _ Item Five To amend Section 3.1 Location of Districts by adding after Section 3.1.G the following: "H. _Noquochoke Overlay District:_ The portion of the Town described as the following assessors’ parcels as of November, 2008: Assessor’s Map 33, Lot 47 Assessor’s Map 33, Lot 47A Assessor’s Map 33, Lot 47E Assessor’s Map 33, Lot 17 Assessor’s Map 33, Lot 45 And further described on the Noquochoke Overlay District zoning map detail, approved May, 2009 on file with the Town Clerk." Item Six To amend Article 4.0 Use Regulations by adding after Section 4.0.7, Section 4.0.8 as follows: "4.0.8 _Noquochoke Overlay District _(NOD) See Article 19." PLANNING BOARD Motion and second to accept the provisions of Article 28. Voted: The Moderator declared Article 28 carried by a 2/3 vote. ARTICLE 29 To see if the Town will vote to accept the provisions of G.L. c. 44, s. 55C, establishing a trust to be known as the Westport Affordable Housing Trust Fund, and authorize the Board of Selectmen or Board of Trustees of said Trust to execute any documents or instruments or take any other action necessary to carry out the purposes of this article; and further to amend the General By-laws of the Town by inserting a new Article, Article LVI, to be entitled "Westport Affordable Housing Trust Fund" as follows, or take any other action relative thereto: Article LVI WESTPORT AFFORDABLE HOUSING TRUST FUND 5601. The purpose of the Westport Affordable Housing Trust Fund (the "Trust") shall be to provide for the creation and preservation of affordable housing in the Town for the benefit of low and moderate-income households. A. There shall be a Board of Trustees for the Trust, comprised of five members, at least one of whom shall be a Selectman. The Board of Selectmen shall appoint the Board of Trustees for rotating terms not to exceed two years. Vacancies shall be filled by the Board of Selectmen for the remainder of the unexpired term. Any member of the Board of Trustees may be removed for cause after the opportunity for a hearing. B. The powers of the Board of Trustees, all of which shall be carried on in furtherance of the purposes set forth in G.L. c. 44, §55C, shall include the following: 1. To accept and receive real property, personal property or money, by gift, grant, contribution, devise or transfer from any person, firm, corporation or other public or private entity, including but not limited to money, grants of funds or other property tendered to the trust in connection with any ordinance or by-law or any general or special law or any other source, including money from chapter 44B; 2. To purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income; 3. To sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertaking relative to trust property as the board deems advisable notwithstanding the length of any such lease or contract; 4. To execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust; 5. To employ advisors and agents, such as accountants, appraisers and lawyers as the board deems necessary; 6. To pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the board deems advisable; 7. To apportion receipts and charges between incomes and principal as the board deems advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise; 8. To participate in any reorganization, re-capitalization, merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution to vote any securities or certificates of interest; and to consent to any contract, lease, mortgage, purchase or sale of property, by or between any corporation and any other corporation or person; 9. To deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the board may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board may deem necessary and appropriate; 10. To carry property for accounting purposes other than acquisition date values; 11. To borrow money on such terms and conditions and from such sources as the board deems advisable, to mortgage and pledge trust assets as collateral; 12. To make distributions or divisions of principal in kind; 13. To comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions of this act, to continue to hold the same for such period of time as the board may deem appropriate; 14. To manage or improve real property; and to abandon any property which the board determined not to be worth retaining; 15. To hold all or part of the trust property uninvested for such purposes and for such time as the board may deem appropriate; and 16. To extend the time for payment of any obligation to the trust. 17. To adopt any regulations the Board of Trustees may deem necessary to conduct the business of the Board and to administer the Affordable Housing Trust Fund. C. The Board of Trustees shall provide for an annual audit of the books and records of the Trust. Such audit shall be performed by an independent auditor in accordance with accepted accounting practices. Upon receipt of the audit by the Board of Trustees, a copy shall be provided forthwith to the Board of Selectmen. D. In accordance with G.L. c.44, §55C, all moneys paid to the Trust in accordance with any Zoning or General By-Law, exaction fee, or private contributions shall be paid directly into the Trust and need not be appropriated or accepted and approved into the Trust. Funds appropriated into the Trust by the Town shall become Trust property, and to be expended these funds need not be further appropriated. All moneys remaining in the Trust at the end of any fiscal year, whether or not expended by the Trustees within 1 year of the date they were appropriated into the Trust, remain Trust property. PLANNING BOARD Motion and second to accept the provisions of Article 29. Voted: The Moderator declared Article 29 carried by a 2/3 vote. ARTICLE 30 To see if the Town will vote to amend Article 8 Aquifer Protection District of the Westport Zoning By-Laws in the following manner or take any other action relative thereto: In Section 8.3.2 governing uses prohibited in the Aquifer Protection District, to replace Section 8.3.2.G, which currently reads, "Sewage treatment facilities but not individual sewage disposal systems," with new Section 8.3.2.G, which would read: "Sewage treatment facilities, with the exception of: 1. Individual sewage disposal systems; and 2. Decentralized Innovative/Alternative (I/A) Treatment System(s) or Localized Enhanced Treat System(s), approved by the Westport Board of Health, that significantly reduce bacterial and nutrient discharge levels to the environment (as compared with conventional on-site septic systems). PLANNING BOARD/HOUSING PARTNERSHIP COMMITTEE Motion and second to accept the provisions of Article 30. Voted: unanimously. ARTICLE 31 To see if the Town will vote to amend the Zoning By-Law by replacing the existing Article 6 of the Zoning By-Laws with the following language as required by Federal Emergency Management Agency to be in compliance with Title 44, Chapter I, Part 67, Code of Federal Regulation. This change is a condition of continued eligibility in the National Flood Plain Insurance Program (NFIP). And further, to make certain other related amendments to the Zoning By-Law, all as set forth below: Item 1 To amend Article 6 Flood Plain Districts by replacing the existing text with the following: ARTICLE 6 WESTPORT FLOOD PLAIN DISTRICTS 6.1 Statement of Purpose The purposes of the Flood Plain District are to: 6.1.1 Ensure public safety through reducing the threats to life and personal injury; 6.1.2 Eliminate new hazards to emergency response officials; 6.1.3 Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding; 6.1.4 Avoid the loss of utility services, which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding; 6.1.5 Eliminate costs associated with the response and cleanup of flooding conditions; 6.1.6 Reduce damage to public and private property resulting from flooding waters. 6.2 Flood Plain District Boundaries, Floodway Data and Base Flood Elevation The Flood Plain District, Flood Way Data and Base Flood Elevation are as follows: Flood Plain District Boundaries and Base Flood Elevation Data The Flood Plain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Westport designated as Zone A, AE, AH, AO, A99, V, or VE on the Bristol County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Bristol County FIRM that are wholly or partially within the Town of Westport are panel numbers 25005C0342F, 25005C0344F, 25005C0353F, 25005C0354F, 25005C0361F, 25005C0363F, 25005C0366F, 25005C0368F, 25005C0432F, 25005C0442F, 25005C0452F, 25005C0454F, 25005C0456F, 25005C0458F, 25005C0459F, 25005C0461F, 25005C0462F, 25005C0463F, 25005C0464F, 25005C0466F, 25005C0467F, 25005C0468F, 25005C0469F, 25005C0526F, 25005C0531F and 25005C0550F dated July 7, 2009. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Bristol County Flood Insurance Study (FIS) report dated July 7, 2009. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, Conservation Commission and Zoning Board of Appeals. 6.2.1 Floodway Data In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. 6.2.2 Base Flood Elevation Data Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones. 6.3 Notification Of Watercourse Alteration In a riverine situation, the Building Inspector/Zoning Enforcement Officer shall notify the following of any alteration or relocation of a watercourse: ? Adjacent Communities ? Bordering States (optional) ? NFIP State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 600-700 Boston, MA 02114-2104 ? NFIP Program Specialist Federal Emergency Management Agency, Region I 99 High Street, 6th Floor Boston, MA 02110 6.4 Use Regulations 6.4.1 Reference To Existing Regulations The Flood Plain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: ? Section of the Massachusetts State Building Code, which addresses flood plain and coastal high hazard areas (currently 780 CMR 120.G, "Flood Resistant Construction and Construction in Coastal Dunes"); ? Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00); ? Inland Wetlands Restriction, DEP (currently 310 CMR 13.00); ? Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00); ? Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5); Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. 6.4.2 Other Use Regulations 6.4.2.1 Within Zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures. 6.4.2.2 In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Bristol County Flood Insurance Rate Map (FIRM) encroachments are prohibited in the regulatory floodway, which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. 6.4.2.3 Man-made alteration of sand dunes within Zones V1-30, VE, and V, which, would increase potential flood damage are prohibited. 6.4.2.4 All new construction within Zones V1-30, VE, and V must be located landward of the reach of mean high tide. 6.4.2.5 All subdivision proposals must be designed to assure that: a. Such proposals minimize flood damage; b. All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and c. Adequate drainage is provided to reduce exposure to flood hazards. 6.4.2.6 Existing contour intervals of site and elevations of existing structures must be included on plan proposal. 6.4.2.7 There shall be established a "routing procedure," which will circulate or transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Town Engineer, Building Commissioner and Zoning Board of Appeals for comments which will be considered by the appropriate permitting board prior to issuing applicable permits. 6.5 Permitted Uses Except as otherwise provided, in the Flood Plain District, no new building shall be constructed, and no existing structure shall be enlarged within its existing footprint, moved to a more vulnerable location, or altered except to upgrade for compliance with health and safety codes; nor shall any land, building or structure be used for any purposes permitted in the underlying district, except: 6.5.1 Agricultural uses such as farming, grazing, truck farming, horticulture, etc. 6.5.2 Forestry and nursery uses. 6.5.3 Outdoor recreational uses, including fishing, boating, play areas, etc., but excluding buildings and structures. 6.5.4 Conservation of water, plants, wildlife. 6.5.5 Wildlife management areas, foot, bicycle, and/or horse paths. 6.5.6 Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises. 6.5.7 Uses lawfully existing prior to the adoption of these provisions. Item 2 Definitions. To amend Section 1.1 Definitions by adding the following definitions to that Section of the Westport Zoning By-Laws in the correct alphabetical order: _Area Of Special Flood Hazard_ Is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated on a FIRM as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V. _Base Flood_ The flood having a one percent chance of being equaled or exceeded in any given year. _Coastal High Hazard Area_ An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone V, V1-30, VE. _Development_ Any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. _Federal Emergency Management Agency (Fema)_ Administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas. _Flood Boundary And Floodway Map_ An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500 year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.) _Flood Hazard Boundary Map (Fhbm)_ An official map of a community issued by FEMA where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. _Flood Insurance Rate Map (Firm)_ An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. _Flood Insurance Study_ An examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards. _Floodway_ The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. _Manufactured Home_ A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. _New Construction_ Means, for flood plain management purposes, structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community. For the purpose of determining insurance rates, new construction means structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later. _One-Hundred-Year Flood_ See Base Flood _Regulatory Floodway_ See Floodway _ Special Flood Hazard Area_ An area having special flood and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V, V1-30, VE. _Structure_ Means, for flood plain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. STRUCTURE, for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises. _Zone A_ The 100-year flood plain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local, or other data. _Zone A1-30 and Zone Ae (For New And Revised Maps)_ The 100-year flood plain where the base flood elevation has been determined. _ ZONE AH and ZONE AO_ The 100-year flood plain with flood depths of 1 to 3 feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. _Zone A99_ Areas to be protected from the 100-year flood by federal flood protection system under construction. Base flood elevations have not been determined. _Zone V_ A special flood hazard area along a coast subject to inundation by the 100-year flood with the additional hazards associated with storm waves. Base flood elevations have not been determined. _Zone V1-30 and Zone VE (For New and Revised Maps)_ A special flood hazard area along a coast subject to inundation by the 100-year flood with additional hazards due to velocity (wave action). Base flood elevations have been determined. Item 3 To amend Article 3 Establishment of Districts Section 3.1.D Flood Plain District by replacing the existing text with the following: _"D. Flood Plain District:_ See Article 6 and the maps referenced in Section 6.2." PLANNING BOARD Motion and second to amend Article 31 by deleting sect |