ANNUAL TOWN MEETING

TOWN OF WESTPORT

COMMONWEALTH OF MASSACHUSETTS

ANNUAL TOWN MEETING

MAY 2, 2006

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 2, 2006 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 7:07 p.m. by Moderator Steven Fors who appointed Representative Michael Rodrigues, James Long and Keith MacDonald 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. All in attendance stood to salute the flag of our nation.

Motion and second made to recess the Annual Town Meeting at 7:15 p.m.

and open the Special Town Meeting. Voted: Unanimously

TOWN OF WESTPORT

SPECIAL TONW MEETING WARRANT

COMMONWEALTH OF MASSACHUSETTS

May 2, 2006

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 2, 2006 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, 2005, and/or to take any other action relative thereto.

BOARD OF SELECTMEN

Motion and second made to accept the following transfers:

FROM: TO: AMOUNT:

Available Funds Diman Regional Assessment $105,000 Accountant Personal Services Accountant Expenses 1,500 Cemetery Dept. Personal Services Cemetery Department Expenses 1,500 Board of Health Personal Services Board of Health Expenses 1,200 Board of Health Personal Services Landfill Personnel 2,000 Board of Health Personal Services Landfill Expenses 15,000 Board of Selectmen Pers. Services Legal Budget 20,000 Board of Selectmen Pers. Services Town Beach Personal Services 1,500 Board of Selectmen Pers. Services Dog Officer Expenses 2,000 Dog Officer Personal Services Dog Officer Expenses 350 Town Hall Personal Services Town Hall Expenses 3,000 Board of Selectmen Pers. Services Town Hall Expenses 9,500 Data Processing Expenses Town Hall Expenses 7,500 Town Clerk Expenses Town Clerk Personal Services 350

Voted: Carried.

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

Motion and second made to Pass Over Article 2. Voted: Unanimously)

Motion and second made to dissolve the Special Town Meeting at 7:21 p.m.

and to 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 fourteen 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 12th day of April in the year two thousand and six.

David P. Dionne

Steven J. Ouellette

Veronica F. Beaulieu

J. Duncan Albert

Robert P. Rebello

BOARD OF SELECTMEN

Marlene Samson

Town Clerk

Westport, MA 02790

April 13, 2006

On this 13th day of April 2006, 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 Sullivan

Constable of Westport

ANNUAL TOWN MEETING

Motion and second made 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 be subject matter.

Voted: Carried.

Motion and second made to allow the Moderator to declare that a

two-thirds vote has been achieved according to General Law, Chapter 39,

§ 15. Voted: Unanimously.

ANNUAL TOWN MEETING

Motion and second made 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 be subject matter.

Voted: Carried.

Motion and second made to allow the Moderator to declare that a

two-thirds vote has been achieved according to General Law, Chapter 39,

§ 15. 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

Motion and second to Pass Over Article 1. Voted: Unanimously.

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.

FINANCE COMMITTEE/BOARD OF SELECTMEN

Motion and second to fix the salary and compensation of all elected Town

Officers as follows:

Moderator $ 682

Board Members (4) 25,457

Highway Surveyor 62,683

Tax Collector 52,736

Town Clerk 52,736

Treasurer 52,736

$274,344

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, 2006 and

appropriate the same to several departments and/or take any other action

relative thereto.

FINANCE COMMITTEE/BOARD OF SELECTMEN

Motion and second to accept the sum of $26,750,827.00 from the following

sources:

$26,326,528.00 Taxation

50,000.00 Cemetery Perp. Care Interest

23,000.00 Harbor Ent-Indirect Costs

200,000.00 Overlay Surplus

151,299.00 Free Cash

$26,750,827.00

A hold was placed on the School Department budget. Motion and second to

accept all Department line items as follows, except the School Department.

Voted: Unanimously.

Salary Expense Budget

Appropriation Appropriation Total

GENERAL GOVERNMENT

114 Moderator $ 682.00 $ 162.00 $ 844.00

122 Selectmen 214,023.00 33,600.00 247,623.00

131 Finance Committee 1,100.00 2,200.00 3,300.00

132 Reserve Fund - 150,000.00 150,000.00

135 Town Accountant 75,382.00 26,679.00 102,061.00

141 Assessors 132,274.00 3,402.00 135,676.00

145 Treasurer 112,440.00 29,955.00 142,395.00

146 Collector 110,912.00 32,726.00 143,638.00

151 Legal - 105,000.00 105,000.00

152 Personnel Board 484.00 80.00 564.00

155 Computer 25,000.00 64,700.00 89,700.00

161 Town Clerk 80,692.00 4,925.00 85,617.00

163 Registrar of Voters 44,798.00 25,548.00 70,346.00

171 Conservation 63,636.00 5,325.00 68,961.00

175 Planning Board 71,405.00 7,475.00 78,880.00

176 Appeals Board 3,784.00 2,715.00 6,499.00

192 Town Hall/Annex 68,043.00 66,930.00 134,973.00

193 Property Insurance - 210,300.00 210,300.00

194 Housing Partnership Committee - 200.00 200.00

195 Town Reports - 4,200.00 4,200.00

198 Town Farm - 2,816.00 2,816.00

$ 1,004,655.00 $ 778,938.00 $ 1,783,593.00

PUBLIC SAFETY

210 Police Department $ 2,098,464.00 $ 295,697.00 $ 2,394.161.00

220 Fire Department 1,344,173.00 150,858.00 1,495,031.00

241 Building Department 123,136.00 5,630.00 128,766.00

244 Sealer of Weights & Measures 1,705.00 449.00 2,154.00

291 Emergency Management 2,707.00 1,571.00 4,278.00

292 Dog Officer 24,421.00 5,800.00 30,221.00

297 Shellfish 64,349.00 19,213.00 83,562.00

298 Parking Tickets - 3,285.00 3,285.00

$ 3,658,955.00 $ 482,503.00 $ 4,141,458.00

SCHOOLS

300 Westport Community Schools $10,713,748.00 $ 3,046,469.00 $13,760,217.00

360 Regional School Assessments - 745,674.00 745,674.00

$10,713,748.00 $ 3,792,143.00 $14,505,891.00

PUBLIC WORKS & FACILITIES

421 Highway Dept $ 514,104.00 $ 106,846.00 $ 620,950.00

423 Snow & Ice (Storm Account) 39,635.00 30,000.00 69,635.00

424 Street Lights - 18,000.00 18,000.00

433 Sanitary Landfill 76,546.00 239,845.00 316,391.00

491 Cemetery Department 117,266.00 7,768.00 125,034.00

492 Veteran’s Graves 845.00 2,049.00 2,894.00

$ 748,396.00 $ 404,508.00 $ 1,152,904.00

HUMAN SERVICES

511 Board of Health $ 219,360.00 $ 13,869.00 $ 233,229.00

519 Nursing 30,135.00 3,843.00 33,978.00

541 Council on Aging 122,086.00 44,358.00 166,444.00

543 Veterans Services 31,500.00 97,699.00 129,199.00

$ 403,081.00 $ 159,769.00 $ 562,850.00

CULTURE & RECREATION

610 Library $ 161,399.00 $ 26,231.00 $ 187,630.00

631 Town Beach 24,500.00 10,456.00 34,956.00

691 Historical Commission - 539.00 539.00

$ 185,899.00 $ 37,226.00 $ 231,125.00

Total $16,714,734.00 $10,036,093.00 $26,750,827.00

Motion and second made to amend the amount of the School Department

budget by adding an additional $192,000.00 with the following funding

sources: $90,750.00 from Chapter 70, contingent on increased state

funding and $101,250.00 from Taxation, contingent on increased state

funding.

Town Counsel, Mark Reich, suggested that the proponents would have to

segregate the funds so that if the additional funds are not received,

they would not be expended prior to the receipt of the funds, with some

mechanism to ensure that the contingency could actually be accomplished.

Motion made to amend the amendment stating the above funds are

contingent on increased funding only if those funds are available and

received. The Moderator declared the amendment to the amendment

unacceptable in form, therefore, it was voted unanimously to withdraw

the motion.

Motion made to amend the budget with a $192,000.00 increase contingent

upon increased funding received by the Town from Chapter 70 and Taxation

to fund the following:

1 Reading Specialist WMS

.6 Reading Specialist WES

1 Math Specialist WES

1 Math Specialist WMS

6 Paraprofessionals to work under direction of reading

and math specialist and provide tutoring for schools

designated as in need of improvement under No Child

Left Behind

To add one Kindergarten teacher, to bring non-Title I

Classrooms from 25 students per class to 20 per class.

DEBT SERVICE

710 Principal Payments $ - $ 490,000.00 $ 490,000.00

751 Interest Payments on Long Term Debt - 123,640.00 123,640.00

752 Interest Payments on Short Term Debt - 25,000.00 25,000.00

- $ 683,640.00 $ 638,640.00

ASSESSMENTS

820 SRPEDD $ - $ 2,300.00 $ 2,300.00

$ - $ 2,300.00 $ 2,300.00

PENSION & INSURANCE

911 Pension Assessment $ - $ 1,254,192.00 $ 1,254,192.00

914 Health & Life Insurance - 2,485,874.00 2,485,874.00

$ - $ 3,740,066.00 $ 3,740,066.00

Total $16,714,734.00 $10,036,093.00 $26,750,827.00

Motion and second made to amend the amount of the School Department

budget by adding an additional $192,000.00 with the following funding

sources: $90,750.00 from Chapter 70, contingent on increased state

funding and $101,250.00 from Taxation, contingent on increased state

funding.

Town Counsel, Mark Reich, suggested that the proponents would have to

segregate the funds so that if the additional funds are not received,

they would not be expended prior to the receipt of the funds, with some

mechanism to ensure that the contingency could actually be accomplished.

Motion made to amend the amendment stating the above funds are

contingent on increased funding only if those funds are available and

received. The Moderator declared the amendment to the amendment

unacceptable in form, therefore, it was voted unanimously to withdraw

the motion.

Motion made to amend the budget with a $192,000.00 increase contingent

upon increased funding received by the Town from Chapter 70 and Taxation

to fund the following:

1 Reading Specialist WMS

.6 Reading Specialist WES

1 Math Specialist WES

1 Math Specialist WMS

6 Paraprofessionals to work under direction of reading

and math specialist and provide tutoring for schools

designated as in need of improvement under No Child

Left Behind

To add one Kindergarten teacher, to bring non-Title I

Classrooms from 25 students per class to 20 per class.

The Moderator would not accept the previous motion stating that the

School Department was adding an additional $192,000.00 to their budget.

Motion and second made to amend the School Department budget to the

amount of $13,952,217.00 which includes $192,000.00 appropriated by

Chapter 70 and Taxation, contingent upon increased funding received by

the Town to fund the following positions:

1 Reading Specialist WMS

.6 Reading Specialist WES

1 Math Specialist WES

1 Math Specialist WMS

6 Paraprofessionals to work under direction of reading

and math specialist and provide tutoring for schools

designated as in need of improvement under No Child

Left Behind

To add one Kindergarten teacher, to bring non-Title I

Classrooms from 25 students per class to 20 per class.

Town Counsel felt that Town Meeting was being asked to consider an

unknown, that Town Meeting had not been properly warned and that there

is confusion as to what Town Meeting is being asked to do. Based on

these findings, the Moderator declared the above motion out of order.

The Moderator’s decision to declare the motion out of order was

challenged by a registered voter of the Town who asked that State

Statute be given to show that the Town could not vote to have monies

placed on a contingency. The Moderator asked for a brief moment to speak

with Town Counsel.

The Moderator declared that the amendment was not out of order but

advised Town Meeting that if the amendment passed, the possibility

exists that it may not be enforceable and the money may or may not go to

the Schools. He suggested it would be best to allow the Meeting to vote

on the issue, therefore, the previous motion is on the floor for

consideration.

Motion made to call the question. Voted: Carried.

Voted: the amended figure of $13,952,217.00 was lost. Yes: 162 No: 169

Motion and second to accept the School Department budget of $13,760,217.00.

Voted: Unanimously.

Motion and second to advance Articles 10 and 11. Voted: Unanimously.

ARTICLE 10

To see if the Town will approve the following policies to guide future

development in Central Village, or take any other action relative thereto:

Consistent with recommendations in the 2004 citizen-written Master Plan,

the Planning Board, in cooperation with other interested groups, has

begun an in depth study of the Central Village. These guidelines are a

step towards achieving the Master Plan vision for compact mixed-use

growth in the village. The Master Plan endorses the creation of a place

car, foot or bike; a place that has a lively mix of uses; a place with

thriving local businesses offering goods and services; a place that

promotes interactions among residents; and a place with high quality

development.

The achievement of this vision will require cooperation among the

public, private and non-profit sectors, changes to zoning, investments

in infrastructure, and the leveraging of public investment with private

funds. These guidelines provide the basis for implementation in phases

over the coming years.

Guidelines for Development In the Central Village

1. Recognize 3 basic segments of the Central Village corridor and

develop standards based on the character and function of each segment.

These are: the north “core”; the historic area between Adamsville and

Hix Bridge Roads; and “South Central Village” extending approximately

1000’ south of Hix Bridge Road.

2. Develop a vibrant mixed-use area centered on the existing and growing

cluster of civic, residential, and neighborhood businesses in the

Central Village.

3. Draw new customers to existing businesses by improving the physical

environment and increasing the diversity of services provided, and

making it easier for nearby residents to use the Village.

4. Plan for infrastructure improvements including: traffic calming,

roadway improvements, improved street connectivity, pedestrian safety,

landscaping, and future localized water and wastewater.

5. Create a walkable area that fosters interactions and facilitates

meeting multiple needs in one trip.

6. As changes are made to infrastructure capacity, continue to

coordinate development densities with infrastructure.

7. Develop design standards for building orientation, mixed-use

buildings, parking lots, driveways, landscaping, amenities, and signage

to unify appearance in each of these areas. Include standards that

respect the historic character of the area and promote traditional

design features.

8. Use the arts to cultivate civic life and provide an economic stimulus.

9. Produce high-quality and varied public spaces.

10. Engage the business community in the planning of these areas and

pursue the leveraging of private investment with public investment in

roadway and public area amenities.

11. Adopt Site Plan Review to ensure major new or re-developed sites

produce commercial (and other large scale) development that has:

a) Safe access and circulation;

b) Buffering from neighbors;

c) Compatible form; and

d) High-quality parking areas, stormwater management, and landscaping,

that are designed to meet recognized construction, design, and

environmental standards.

PLANNING BOARD

Motion and second to accept Article 10. Voted: Unanimously.

ARTICLE 11

To see if the Town will vote to approve the following policies to guide

zoning and future development along the Route 6 corridor in Westport, or

take any other action relative thereto:

Consistent with recommendations in the 2004 citizen-written Master Plan,

the Planning Board, in cooperation with other interested groups, has

begun an in depth study of the Route 6 corridor. These guidelines are a

step towards implementation of the Master Plan vision for the transition

of this area into one with greater economic vitality and diversity. The

Master Plan endorses the creation of an area to serve the needs of

residents for jobs, services, and varied housing types. Recommendations

in the Plan focus on using the unique assets of the Route 6 Corridor

including: access to and visibility from the Interstate; roadway

capacity; direct connections to neighboring communities; an existing

commercial character; bus service, and in some sections, an existing

residential density of 5 units/acre.

The achievement of this vision will require cooperation among the

public, private and non-profit sectors, changes to zoning, investments

in infrastructure, and the leveraging of public investment with private

funds. These guidelines provide the basis for the phased implementation

of these changes over the coming years.

Guidelines for Development Along the Route 6 Corridor

1. Recognize the different segments of the Route 6 corridor, and develop

standards based on the character and function of each segment. These

are: a western, central and eastern segment.

2. Develop a vibrant mixed-use area centered on the existing cluster of

civic, residential, and neighborhood businesses in the central segment

of Route 6.

3. Plan for infrastructure improvements including: traffic calming,

roadway improvements, pedestrian safety, landscaping, and future

localized water and sewage. Work with MassHighway and SRPEDD to address

safety issues and promote design improvements along Route 6 consistent

with the Town's Master Plan, with particular attention to improving the

experience for pedestrian and bicycle trips.

4. As changes are made to infrastructure capacity, continue to

coordinate development densities with infrastructure (sewer, water, and

roadway).

5. Develop design standards for building orientation, mixed-use

buildings, parking lots, driveways, landscaping, amenities, and signage

to unify appearance in each of these areas.

6. Adopt Site Plan Review to ensure major new or re-developed sites

produce commercial (and other large scale) development that has:

a) Safe access and circulation;

b) Buffering from neighbors;

c) Compatible form; and

d) High-quality parking areas, stormwater management, and landscaping,

that are designed to meet recognized construction, design, and

environmental standards.

7. Engage the business community in the planning of these areas and

pursue the leveraging of private investment with public investment in

roadway and public area amenities.

8. Draw new customers to existing businesses by improving the physical

environment and increasing the diversity of services provided.

9. Establish gateway locations to define an identity for the area and/or

segments.

10. Adopt standards for outdoor storage/outdoor display that respect the

needs of businesses while also minimizing the negative aspects of such

practices, such as dust, noise, unsafe conditions, and unsightly

appearance.

11. Expand the depth of Business zoning in isolated areas that are not

constrained by wetlands and can provide buffers from residential uses.

12. Study the potential for a new village center at the historic

Westport Factory Village (in eastern segment) that could add to the

affordable housing inventory and relate to the Lincoln Park redevelopment.

PLANNING BOARD

Motion and second to accept Article 11. Voted: Unanimously.

ARTICLE 4

Section 1. To see if the Town will vote to amend the Westport Zoning

By-Laws by adding the new Article 15 SITE PLAN APPROVAL as follows or

take any other action relative thereto:

ARTICLE 15 SITE PLAN APPROVAL

15.0 PURPOSE

The purpose of Site Plan Approval is to protect the health, safety,

convenience, property values, and general welfare of the inhabitants of

the Town of Westport by providing for eview of plans for uses and

structures which may have significant impacts on traffic; municipal and

public services and utilities; environmental and design quality; and

community character.

15.1 POWERS AND ADMINISTRATIVE PROCEDURE.

All applications for Site Plan Approval shall be submitted to the

Planning Board prior to the issuance of a building permit. In exercising

its jurisdiction under this section, the Planning Board shall, unless

otherwise provided, follow the procedural requirements for special

permits as set forth in Section 9 of M.G.L. Chapter 40A; however, a

motion to approve, approve with conditions, or disapprove a Site Plan

shall require only a majority vote of the members present. The Board

may, at its sole discretion, adopt Rules and Regulations relative to

Site Plan Approval, a copy of which shall be filed with the Town Clerk.

After notice and public hearing and after due consideration of the

reports and recommendations of outside consultants and other town

boards, commissions and/or departments, the Planning Board may approve a

Site Plan. The Planning Board may impose, in addition to any applicable

conditions specified in this section, such conditions as reasonably

appropriate to improve the site design and/or mitigate the impacts of

the proposed development. Such conditions shall be imposed in writing;

the applicant may be required to post a bond or other surety for

compliance with said conditions in an amount satisfactory to the

Planning Board.

15.2 APPLICABILITY.

The following types of activities and uses require Site Plan Approval by

the Planning Board:

1. Construction, exterior expansion of, or change of use within, a

municipal, institutional, commercial, industrial, or multi-family

structure with three or more dwelling units;

2. Construction or expansion of a parking lot for a municipal,

institutional, commercial, industrial, or multi-family structure with

three or more dwelling units; and

Where provisions for site plan approval of specific uses and structures

exist elsewhere in the Westport Zoning By-Laws, the provisions of the

pertinent section shall supersede the provisions of this section.

Site Plan Approval shall not be construed to supersede the exemptions

granted by §3 of Mass. Gen. L Ch. 40A.

15.3 WAIVER OF TECHNICAL COMPLIANCE.

The Planning Board may, upon written request of the applicant, waive any

of the technical requirements of Westport’s Site Plan Approval Rules and

Regulations and the procedures of this Bylaw where the project involves

relatively simple development plans or constitutes a minor site plan. As

a guideline, an application for a permit to build, alter, or expand any

non-residential building, structure or use in any district where such

construction will not exceed 1,000 square feet of gross floor area, or

an application that will not generate the need for more than five (5)

parking spaces may be considered a minor site plan. For the purposes of

computing the total gross floor area of a minor site plan, the Planning

Board shall aggregate all such applications for building/special permits

and/or site plan approval made within the five (5) previous calendar years.

15.4 PERFORMANCE STANDARDS.

All Site Plans presented for approval shall be prepared in compliance

with applicable Westport Zoning Bylaws; the Rules and Regulations

Governing the Subdivision of Land, to the extent applicable; and the

explicit standards of the Rules and Regulations for Site Plan Approval.

In evaluating and rendering a decision on a Site Plan Approval

application the Planning Board shall consider whether the proposal will

achieve the objectives listed below and may require conditions and

safeguards deemed necessary to realize, within reason, these performance

standards:

1. Provide convenience and safety of vehicular and pedestrian movement

within the site, and in relation to adjacent streets, properties,

buildings, structures, and other improvements.

2. Buffer and protect adjoining premises against detrimental or

offensive uses.

3. Provide adequate and functional off-street loading and unloading of

vehicles, goods, products, materials and equipment incidental to the

normal operation of the establishment.

4. Provide adequate access to each structure for fire and service

equipment and adequate provision for utilities and stormwater drainage

consistent with the functional requirements of the Planning Board's

Subdivision Rules and Regulations to the extent applicable, and all

applicable local, state and federal codes, statutes, by-laws, policies,

standards and regulations.

5. Minimize negative impacts to the environment by limiting or

eliminating: volumes of cut and fill; removal of trees 6" caliper or

larger and other vegetation; removal of stone walls; impact on wetland

resources, wildlife habitat and other areas of environmental

sensitivity; flooding and other impacts of stormwater flow both on- and

off-site; soil erosion; and air, water, noise and light pollution.

6. Prevent contamination of groundwater and surface water from onsite

wastewater disposal systems or operations on the premises involving the

use, storage, handling, or containment of hazardous substances by

utilizing Best Management Practices in accordance with all statutes,

by-laws, regulations and policies governing these activities;

7. Promote compatibility among uses by controlling the visibility of

parking, storage, or other outdoor service areas viewed from public ways

or from premises residentially used or zoned;

8. Divide large expanses of parking with landscaping and shade trees and

minimize lighting intrusion and the glare from headlights.

9. Screen service facilities located near the perimeter of the site,

including but not limited to: garbage collection, recycling containers,

refrigeration units, and utility areas.

10. Relate buildings and structures to the natural and built environment

by attention to appropriate scale, massing, height and other factors

necessary to achieve harmony with the surrounding natural environment,

neighborhood, and Town as a whole.

11. Minimize obstruction of scenic views from publicly accessible locations.

12. Ensure compliance with the provisions of this Zoning Ordinance

including, but not limited to, parking, loading, and signage.

15.5 ADMINISTRATION

1. The Planning Board may adopt reasonable fees for administration,

technical review, and construction inspection for site plan approval

proposals. All expenses for use of outside consultants, ancillary

reports or reviews, supplemental studies, advertising, publication of

notices, postage and mailings and all other expenses in connection with

the site plan including without limitation, sampling and/or testing,

shall be borne by the applicant.

2. The Planning Board may adopt reasonable Rules and Regulations

governing Site Plan Approval including administrative procedures and

requirements, and design and construction standards.

3. The Planning Board may distribute plans to other Boards, Commissions,

departments, and outside technical and legal consultants and agencies

for their review and comments.

4. The Planning Board may require narrative assessments and/or

quantitative studies of the on-site and off-site impacts of the proposed

project, including: traffic, drainage, noise, lighting and other

environmental factors.

15.6 ENFORCEMENT

The Building Inspector shall have enforcement powers over any Site Plan

Approval. The Building Inspector shall inspect and enforce any and all

stipulations and/or conditions placed upon the approval of any Site

Plan. Failure to satisfy the conditions of any Site Plan Approval will

result in the withholding of the Certificate of Occupancy.

15.7 REVIEW AND DECISION

The Planning Board shall ensure the use of the site consistent with the

uses permitted in the district in which the site is located and shall

give due consideration to the reports received. Prior to the approval of

any Site Plan, the Planning Board shall find that the site plan:

1. Protects adjoining premises by avoiding adverse effects on the

natural environment and abutters.

2. Provides for convenient and safe vehicular and pedestrian movement

and that the locations of driveway openings are convenient and safe in

relation to vehicular and pedestrian traffic circulation, including

emergency vehicles, on or adjoining the site;

3. Provides an adequate arrangement of parking and loading spaces in

relation to proposed uses of the premises;

4. Provides adequate methods of disposal of refuse or other wastes

resulting from the uses permitted on the site;

5. Complies with all applicable requirements of this bylaw, the Rules

and Regulations of Site Plan Approval, and the Rules and Regulations

Governing the Subdivision of Land (to the extent applicable), unless

explicitly waived by the Planning Board.

15.8 APPEAL

The appeal of any decision of the Planning Board hereunder shall be made

in accordance with the provisions of Mass. Gen. L. Ch. 40A, §17 or other

such provision of the General Laws pertaining to site plan

review/approval as they may be amended from time to time. Appeal of a

decision on a Site Plan for a by-right use shall be by appeal (to the

Zoning Board of Appeals) of the action of the Building Inspector in

granting or denying a building permit.

15.9 RELATIONSHIP TO SUBDIVISION PLAN AND OTHER PERMITS

The Planning Board approval of a Site Plan shall neither oblige the

Planning Board to approve any related preliminary or definitive plan for

subdivision nor substitute for such approval. However, the Planning

Board may allow an applicant to combine a submission for Site Plan

Approval with a submission for a preliminary or definitive subdivision

if such submission conforms to all requirements for both Site Plan

Approval and subdivision application. In such case, the Planning Board

may conduct a combined public hearing for both Site Plan Approval and

subdivision application.

Where the Planning Board serves as the Special Permit Granting Authority

for a proposed use, it shall, when possible, consolidate the Site Plan

Approval and the Special Permit processes.

An application to the Zoning Board of Appeals for either a Special

Permit or a variance requiring Site Plan Approval under this by-law,

shall be accompanied by a site plan approved by the Planning Board; in

the alternative, any special permit or variance granted for work set

forth in 15.2 shall contain the following condition: "The work described

herein requires the approval of a site plan by the Planning Board

pursuant to Article 15 of the Westport Zoning By-Law. Any conditions

imposed in such a site plan approval shall also be conditions of this

special permit/variance."

Where the Planning Board approves a site plan "with conditions", and

said site plan accompanies a special permit or variance application to

the Board of Appeals, the conditions imposed by the Planning Board shall

be incorporated into the issuance, if any, of a special permit or

variance by the Board of Appeals.

No deviation from an approved site plan shall be permitted without the

approval of the Planning Board.

15.10 EXPIRATION.

Approval of a Site Plan shall lapse after two (2) years from the date of

approval, or the date of resolution of any appeal of the decision, if

substantial use thereof or construction has not begun, except for good

cause. Such approval may, for good cause, be extended in writing by the

Planning Board upon the written request of the applicant.

15.11 SEVERABILITY

If a court of competent jurisdiction holds any provision of this bylaw

invalid, the remainder of the bylaw shall not be affected thereby. The

invalidity of any section or sections or parts of any section or

sections of this bylaw shall not affect the validity of the remainder of

the Westport Zoning Bylaw.

Section 2. To see if the Town will vote to amend the Table of Use

Regulations of the Westport Zoning By-Law to require Site Plan Approval

by the Planning Board for the following municipal, institutional,

commercial, industrial and multi-family uses as follows:

1. To insert after "SPPB = Special Permit Planning Board", "SPA-PB =

Site Plan Approval Planning Board".

2. To designate the following municipal, institutional, commercial,

industrial, and multi-family uses, where the By-Law allows these uses by

right or special permit, as requiring Site Plan Approval of the Planning

Board, by adding the designation "/SPA-PB" after the existing

requirement in the appropriate row(s) and column(s) of the Table of Uses

for the following uses:

Adult Live Entertainment Establishment

Adult Theatre

Amusement or Assembly

Auto Body Shop/Auto Body Repair Shop

Auto Salesroom Class 1 & 2

Auto Sales, Trailer Sales, or Farm Equipment Sales

Auto Service Stations

Auto Storage Garage

Banks

Bath Houses, Beach Clubs, Boat Landings, Wharves

Boat Yards for Construction, Storage, Maintenance, Repair of Boats

Bed & Breakfast

Club, Private: Not for Profit

Club, Profit

Convalescent Homes

Dwelling: Multi-Family

Earth Removal/Mining

Educational Uses

Flea Market

Golf Course: Public or Private

Hospitals

Hotel

Job Printing

Miscellaneous Retail or Service Business

Mobile Home Park

Municipal

Newspaper

Nursing Homes

Offices: Business or Professional

Outdoor Advertising with Permit

Public Utility

Religious Uses

Research Labs

Restaurants

Sanitariums

Sexually-Oriented Business

Temporary Trailer

Tire Storage Yards

Tradesman

Wholesale Businesses

and/or take any other action relative thereto.

PLANNING BOARD

Motion and second to move Article 4 with the following amendment:

eliminate “may, at its sole discretion” in section 15.1 and insert the

word “shall”.

Motion made to call the question on the amendment to Article 4. Voted:

Unanimously.

Voted: Article 4 as amended. Carried. Yes: 201 No: 59.

ARTICLE 5

To see if the Town will vote to amend Article 7, Sub-section 7.6.1

"Front Yards" of the Westport Zoning By-Laws by adding the following

language after the final paragraph of this sub-section or take any other

action relative thereto:

7.6.1.1 Front Yard Width

7.6.1.1.1 Purpose

The purpose of this by-law is to ensure safe, adequate and convenient

access to buildings; and to discourage irregularly configured front

yards and lots, which create difficulties in assigning addresses, in

public safety response, and in maintenance.

7.6.1.1.2 Minimum Width

The minimum front yard width, as measured between the side lot lines,.

shall be fifty (50) feet. The minimum front yard width shall be

maintained from the street line (street layout line/sideline) to the

street setback line (front building line). Lot Width shall be determined

by measuring the diameter of the largest circle that can be located

along a continuous, but not necessarily straight line from the lot

frontage to the principal structure on the lot without the circumference

intersecting the side lot lines.

7.6.1.1.3 Corner Lots

For corner lots, the minimum width requirement shall apply to yards on

all streets bounding the lot, and shall be maintained from the street

line (street layout line/sideline) to the street setback line (side or

rear building line) of the nearest corresponding side of the building.

7.6.1.1.4 Waiver

In order to accommodate constraints posed by existing irregular lots and

streets, such as lots fronting on existing streets with small sideline

radii (tight curves) and existing lots with environmental, agricultural

and topographic constraints, or historical significance, this

requirement may be waived or modified by the grant of a special permit

by the Planning Board, upon findings by that Board that waiving this

requirement will not detract from the public health, safety, welfare and

convenience and that such waiver is not inconsistent with the intentions

of this by-law. In such cases, the lot shall comply to the greatest

extent practicable with this provision.

7.6.1.1.5 Applicability

The minimum front yard width requirements of Section 7.6.1.1 requirement

shall apply to all subdivision or re-subdivision of land into new lots,

by whatever process, with the exception of creation of lots measuring 7

acres or more. The re-configuration of lawfully pre-existing

non-conforming lots shall not increase the degree of non-conformity of

the front yard width.

PLANNING BOARD

Motion and second to accept Article 5. Motion made to call the question.

Voted: Unanimously.

Voted: The Moderator declared Article 5 carried by a 2/3 vote.

ARTICLE 6

To see if the Town will vote to amend the Westport Zoning By-Law,

Article 4 as follows:

1. Delete current section 4.0.1.B.5. (d), which states:

“The accessory apartment is contained within a single family dwelling

without changing its “footprint” or base area, except, if necessary, for

the inclusion of an additional staircase or entrance.”

and insert the following:

“The accessory apartment is contained within a single family dwelling.”

2. Delete entire Section 4.0.1.B.5. (e), which states:

“The single family dwelling must have been in existence a minimum of two

years without any major structural addition, which increased the area of

the dwelling.”

3. Delete current Section 4.0.1.B.5 (g), which states:

“Space may be provided by raising the roof of the existing building, but

only within the current height regulations.”

And insert the following Section 4.0.1.B.5 (f) as:

“Space may be provided by either raising the roof or extending the

dwelling, but only in accordance with current height and setback

requirements.”

The entire Section 4.0.1.B.5 will read as follows:

5. Use of an accessory apartment, an independent dwelling unit of five

hundred

(500) to nine hundred (900) square feet contained within a single-family

residence. The unit shall have a separate exterior entrance, a

kitchen/living room, a bathroom and a maximum of one bedroom. Either

unit shall be occupied by the owner.

One accessory apartment shall be allowed by right providing the

following criteria are met:

a. Approval from the Board of Health.

b. Approval from the Fire Department.

c. Building plumbing, electrical and any other required permits are

obtained.

d. The accessory apartment is contained within a single-family dwelling.

e. If an external staircase is needed to reach an accessory apartment

this staircase must be enclosed and not change the general appearance of

a single-family house.

f. Space may be provided either by raising the roof, or extending the

dwelling, but only in accordance with current height and setback

requirements.

g. To maintain the single-family character of the neighborhood, the

entrance to the accessory apartment should be on the side or rear, if

possible, but may be through the front door, if there is a vestibule.

h. The owner must occupy one of the two units.

i. There shall be no more than one accessory apartment within a

single-family dwelling.

j. Accessory apartments shall be occupied by no more than two (2) persons.

k. The family dwelling containing an accessory apartment shall be in

furnishing of board for not more than four persons in a dwelling

regularly occupied for residential purposes.”

square feet; maximum -35% of the total area of the single-family

dwelling before conversion, but not to exceed 900 square feet, exclusive

of staircase and entrance area.

and/or take any other action relative thereto.

BOARD OF SELECTMEN/ PLANNING BOARD/BUILDING INSPECTOR

Motion and second to accept Article 6.

Motion and second to amend Article 6 by deleting #2, Section 4.1.1.B.5

(e). Voted: Lost.

Voted: The Moderator declared Article 6 carried by a 2/3 vote.

Motion and second to adjourn the Annual Town Meeting at 10:10 p.m. until

tomorrow at 7 p.m. Voted: Unanimously.

There were 375 registered voters and 15 press and guests in attendance.

A true record,

Attest:

Marlene M. Samson

Town Clerk

MAY 3, 2006

The adjourned Annual Town Meeting was called to order at 7:05 p.m. by

Moderator Steven Fors who appointed Keith MacDonald, Michelle Albernaz

and Sean Leach to act as Tellers and they were duly sworn by the Town

Clerk. Beverly Kut acted as Timekeeper for the meeting. All in

attendance stood to salute the flag of our nation.

Motion and second to advance Article 34. Voted: Unanimously.

ARTICLE 34

To see if the Town will vote to appropriate a sum of money for the

construction, original equipping and furnishing of a new public safety

facility; to determine whether this appropriation shall be raised by

borrowing or otherwise, and/or take any other action relative thereto.

PUBLIC SAFETY BUILDING COMPLEX COMMITTEE

Motion and second that $14,000,000 is appropriated for the construction,

original equipping and furnishing of a new public safety facility; that

to meet this appropriation the Treasurer with the approval of the Board

of Selectmen is authorized to borrow $14,000,000 under G.L. c.44, §7 (3)

or any other enabling authority; and that the Board of Selectmen is

authorized to take any other action necessary to carry out this project;

provided, however, that this vote shall not take effect until the Town

voted to exempt from the limitation on total taxes imposed by G.L. c.

59, §21C (Proposition 2½) amounts required to pay the principal of and

interest on the borrowing authorized by this vote.

Motion and second to call the question. Voted: Unanimously.

Voted: The Moderator declared Article 34 carried by a 2/3 vote.

ARTICLE 7

Section 1. To see if the Town will vote to amend the Westport Zoning

By-Laws by adding the new ARTICLE 17 OUTDOOR COMMERCIAL STORAGE AND

OUTDOOR COMMERCIAL DISPLAY as follows or take any other action relative

thereto:

ARTICLE 17 OUTDOOR COMMERCIAL STORAGE AND OUTDOOR COMMERCIAL DISPLAY

17.0 Purpose

Given that certain businesses need to store equipment and material

outdoors because indoor storage is not practical given the size and

nature of their materials and equipment, and other businesses have

regular outdoor displays of material for sale, this by-law seeks to

regulate these activities in order to 1) protect existing well-designed

businesses from depreciation caused by unsightly outdoor storage and

display by neighboring businesses; and 2) to encourage new, high-quality

commercial endeavors to locate in Westport's business districts.

In addition to creating an adverse aesthetic impact on the surrounding

neighborhood, outdoor storage and displays may affect the surrounding

area and abutters by decreasing safety; attracting rodents; casting

light; and generating noise and dust. This by-law establishes reasonable

standards that support business operations, yet protect the public and

abutters.

17.1 OUTDOOR COMMERCIAL STORAGE

The following standards apply to outdoor commercial storage:

17.1.1 Outdoor commercial storage incidental to the principal use on

site, is permitted on property, provided it is located in an area other

than: a parking area (as required under Article 5); accessway; required

landscaped area; and rear, side and front yard areas. Such storage areas

must be screened from a street or abutting property by a masonry wall,

ornamental fence, or dense planting no less than six inches higher than

the material stored. Screening density must be such that items within

the screened area will not be visible through such screening. Equipment

that exceeds the height restriction shall only be stored in the rear

yard of the parcel.

17.1.2 No loose materials such as sand, lumber, cardboard boxes, and the

like which are subject to being scattered or blown about the premises

under normal weather conditions, shall be allowed. All dust and/or fumes

must be contained on the site.

17.1.3 Outdoor commercial storage is subject to all applicable fire,

health, safety, and building regulations.

17.1.4 Outdoor commercial storage shall not occupy more than thirty (30)

percent of the total area of the subject parcel.

17.1.5 Lighting for outdoor commercial storage areas shall be shielded

with a cutoff at less than ninety (90) degrees from vertical and shall

not exceed twenty (20) feet in height.

17.2 OUTDOOR COMMERCIAL DISPLAY

The following standards apply to outdoor commercial displays:

17.2.1 Outdoor commercial display incidental to the principal use on

site, is permitted on property provided it is located in an area other

than a parking area (as required under Article 5), accessway, or

required landscaped area. Where such displays are along property lines

that abut residentially zoned or residentially used parcels, adequate

screening by a fence, wall, or landscaping is required.

17.2.2 Outdoor commercial display is subject to all applicable fire,

health, safety, and building regulations.

17.2.3 Lighting for outdoor commercial display areas shall be shielded

with a cutoff at less than ninety (90) degrees from vertical and shall

not exceed twenty (20) feet in height.

Section 2: To see if the Town will vote to amend the Westport Zoning

By-Laws by adding the following definitions in appropriate alphabetical

order to Article 1, Section 1.1 DEFINITIONS as follows or take any other

action relative thereto:

Outdoor Commercial Storage-The use of one hundred square feet or more

for locating any material or equipment outside of a completely enclosed

building for a continuous period longer than twenty-four (24) hours.

Outdoor commercial storage shall be limited to the operation of the

principal business located at the premises in question and conducted by

employees of said principal business; provided, that this definition

shall not be deemed to include any storage which is clearly accessory

and incidental to any agricultural use. Tire storage yards are not

included in the definition of "Outdoor Commercial Storage". See Table of

Use Regulations.

Outdoor Commercial Display- The display and sale of products and

services primarily outside of a building or structure including but not

limited to: vehicles, garden supplies, equipment, burial monuments,

building and landscaping materials, and lumber. Outdoor commercial

display and sale of merchandise shall be limited to the operation of the

principal business located at the premises in question and conducted by

employees of said principal business.

Section 3: To see if the Town will vote to amend the Westport Zoning

By-Laws by modifying the "Table of Use Regulations" as follows or take

any other action relative thereto:

To insert after "OUTDOOR ADVERTISING WITH PERMIT" the following two new

uses, with the designations "N", "Y", and "Y" under the appropriate

column headings as shown below.

Residential Business Unrestricted

OUTDOOR COMMERCIAL STORAGE N Y Y

(see Article 17 and this table)

OUTDOOR COMMERCIAL DISPLAY N Y Y

(see Article 17 and this table)

BOARD OF SELECTMEN

Motion and second to accept Article 7.

Motion and second to amend Section 17.1.1. by adding “set-back” in the

first sentence after “rear, side and front yard”. Vote: Carried.

Motion made to call the question. Voted: Carried.

Voted: The provisions of Article 7 were lost.

ARTICLE 8

To see if the Town will vote to amend the Westport Zoning By-Laws by

taking the following actions or by taking any other action relative thereto:

Action 1. To delete section 3.1.D FLOOD PLAIN DISTRICTS of Article 3,

Location of Districts in its entirety, and replace it with the following

new section:

3.1.D FLOOD PLAIN DISTRICT

The Flood Plain District is hereby established as an overlay district.

The District includes all special flood hazard areas designated on the

Westport Flood Insurance Rate Map (FIRM) issued by the Federal Emergency

Management Agency (FEMA) for the administration of the NFIP, panels

dated March 18, 1985 and July 15, 1992, as Zone A, AE, AH, AO, A1-30,

A99, V, V1-30, VE all of which maps indicate the 100-year regulatory

floodplain. 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 Flood Insurance study booklet dated September 18, 1984. The FIRM and

Flood Insurance Booklet, as they may be amended from time to time, are

incorporated herein by reference and are on file with the Building

Inspector.

Action 2. To amend Article 6 Special Regulations, Section 6.0 Flood

Plain Districts, Sub-section 6.0.1 as follows:

Delete Section 6.0.1 in its entirety and replace with the following:

“6.0.1 The following provisions apply to the Flood Plain District as

defined in Section 3.1.D Flood Plain Districts of Article 3 of these

By-Laws.”

Action 3. To amend Article 6 Special Regulations, Section 6.0 Flood

Plain Districts, sub-sections 6.0.4 and 6.0.5 as follows:

Delete sections 6.0.4 and 6.0.5 in their entirety and add the following

new sections:

6.0.4 BASE FLOOD ELEVATION AND FLOODWAY DATA

6.0.4.1 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.

6.0.4.2 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.

6.0.5 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 Municipalities

? Bordering States

? NFIP State Coordinator

Massachusetts Department of Conservation and Recreation

251 Causeway Street, Suite 600-700

Boston, MA 02114-2104

(Or successor entity at its then current address)

? NFIP Program Specialist

Federal Emergency Management Agency, Region I

99 High Street, 6th Floor

Boston, MA 02110

(Or successor entity at its then current address)

Action 4. To delete the section 6.0.10 (Not Enacted) and add the

following section:

6.0.10 REFERENCE TO EXISTING REGULATIONS.

The Floodplain 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:

o Massachusetts State Building Code provisions addressing floodplain and

coastal high hazard areas (currently 780 CMR 3107, "Flood Resistant

Construction");

o Wetlands Protection Regulations, Department of Environmental

Protection (DEP) (currently 310 CMR 10.00);

o Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

o Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);

o 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.

Action 5. To add section 6.0.12 as follows:

6.0.12 Man-made alteration of sand dunes within Zones V1-30, VE, and V

that would increase potential flood damage are prohibited.

PLANNING BOARD/BOARD OF SELECTMEN

Motion and second to accept Article 8.

Voted: The Moderator declared Article 8 carried by a 2/3 vote.

ARTICLE 9

Action 1:

To see if the Town will vote to amend the Table of Use Regulations in

the Town of Westport Zoning By-Laws as follows:

To change the classification of “Adult Live Entertainment Establishment”

in a Business zone from “Special Permit Board of Appeals” to “Prohibited”.

Residential Business Unrestricted

Adult Live Entertainment N N SPBA

Establishment

Action 2: To delete Section 4.0.3.C in its entirety and replace said

section with a new Section 4.0.3.C consisting of the language formerly

contained in Section 4.0.2.D in its entirety, including all submission

requirements as set forth in Sections a. through j. and all requirements

contained in Sections 1 through 8, replacing the words "Business

District" in the first paragraph of the new Section 4.0.3.C with

"Unrestricted District".

The new Section 4.0.3.C will read as follows:

Notwithstanding the provisions in Paragraphs (a) through (e) of this

subsection, no Adult Live Entertainment Establishment, No Adult Theater,

and no Sexually-Oriented Business, as defined in Section 1.1, shall be

established or maintained in the Unrestricted District except as

authorized by a special permit from the Board of Appeals, subject to the

procedure established by Section 2.5 of this By-Law. Each application

for such a special permit shall be made by the owners of the property at

which the business will be located and shall include the following:

a. The name of the proposed business, a copy of the lease for the business

premises, a detailed description of the type of business for which the

special permit is sought, and the proposed days and hours of operation.

b. The name and address of each person who has or will have a legal or

beneficial interest in the business. If a corporation has such a legal

or beneficial interest, the application shall include the names and

addresses of the officers and directors and, if such corporation is not

publicly owned, the names of the stockholders. If a partnership has such

a legal or beneficial interest, the application shall include the names

and addresses of all general and limited partners and all persons with a

beneficial interest in the partnership.

c. The name and address of each person who will have management

responsibility for the proposed business and specification of the days

and times at which each such person will be present at the business

premises. The application shall include the names and addresses of each

person with management responsibility who shall be authorized and

available to respond promptly to complaints at any time when a manger is

not present at the business premises and shall specify how each such

person can be contacted without delay at any such time.

d. A certification that none of the persons named in the previous two

subparagraphs has ever been convicted of violating the provisions of

General laws Chapter 119, Section 63 or General Laws Chapter 272,

Section 28.

e. A plan to scale showing the lot on which the proposed business will

be located, including all buildings designation of parking spaces to be

used by the proposed business, driveways, abutting streets and lots and

any proposed landscaping; a floor plan to scale showing the proposed

layout of the business premises; and exterior elevations to scale

showing the proposed exterior appearance of the business premises,

including each proposed sign and its content and the treatment of doors

and windows.

f. A traffic study reliably determining the effect on traffic which is

likely to be caused by the proposed business and setting out all

measures proposed to be taken to mitigate any adverse traffic impact.

The traffic study shall reliably determine the parking needs of the

proposed business and shall specify how these needs will be met without

adverse impact on other businesses.

g. Specification of the number of employees to be employed by the

proposed business and the hours during which they are expected to work.

h. A proposed security plan ensuring that minors in no event be exposed

to sexually explicit material or performances except as authorized by law.

i. A proposed plan for ensuring that the stock in trade of the business

or any performances presented shall include no obscene material.

j. If an application seeks a renewal special permit, it shall contain a

certification that there has been compliance with the terms and

conditions of the special permit or which renewal is sought.

The Board of Appeals shall promulgate rules governing the issuance of

special permits for such Adult Live Entertainment Establishments, Adult

Theater, and/or Sexually Oriented Businesses and shall file a copy of

said rules in the office of the Town Clerk, as required by General Laws

Chapter 40A, Section 9A.

In considering whether to grant a special permit for an Adult Live

Entertainment Establishment, Adult Theater, or Sexually Oriented

Business, the Board of Appeals shall apply its guidelines and rules as

it has established them, except that the Board of Appeals shall not

grant such a special permit unless the proposed use complies with the

following requirements:

1. An application containing inaccurate or incomplete information shall

be cause for denying a special permit. If a special permit is issued and

information in the application is later discovered to be false, this

shall be cause for revoking the special permit. In determining whether

to issue a special permit and in specifying conditions, limitations and

safeguards, the Board of Appeals shall consider the information in the

application and all other relevant information presented to it. An

application for a renewed special permit shall be determined in the same

manner as the original application except that failure to comply with

the conditions, limitations and safeguards of an original special permit

shall be cause for denial or a renewed special permit, as well as cause

for revoking the original special permit. Any special permit issued

under this paragraph shall be for a term specified by the Board of

Appeals not to exceed two (2) years; and to act on anything relating

thereto.

2. A maximum lot coverage of less than fifty percent (50%) is required.

Parking and driveway areas shall be included in the calculation of the

lot coverage.

3. A minimum four thousand (4,000) foot separation between different

adult uses is required.

4. An eight hundred (800) foot minimum setback is required from existing

residential uses and districts, educational uses, public parks, public

recreational facilities, and religious uses.

5. A five hundred (500) foot minimum setback is required from any

establishment licensed under the provisions of General Laws Chapter 138,

Section 12.

6. A one hundred (100) foot vegetative buffer consisting of evergreen

shrubs or trees not less than five (5) feet in height at the same time

of planting, shall be provided between adult uses and abutting

residential districts.

7. At a minimum, a twenty (20) foot wide landscaping buffer shall be

provided along the side and rear property lines of the use authorized

pursuant to this section, consisting of evergreen shrubs or trees not

less than five (5) feet in height at the time of planting.

8. All building openings, entries and windows shall be screened in such

a manner as to prevent visual access to the interior of the

establishment by the public.

and/or take any other action relative thereto.

BOARD OF SELECTMEN

Motion and second to accept Article 9.

Motion to call the question. Voted: Unanimously.

Voted: The Moderator declared Article 9 carried by a 2/3 vote.

Motion and second made to advance the seventeen articles of the consent

calendar (Articles 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,

25, 26, 27 & 28) and that these articles be adopted as recommended by

the Finance Committee.

Motion and second to amend the previous motion to exclude Article 25.

Voted: Carried.

with the following funding sources:

Article 14 - Free Cash

Article 15 - Free Cash

Article 16 - Free Cash

Articles 17 to 24 -Revolving Funds

Article 27 - Harbor Enterprise

Article 28 - Water Enterprise

ARTICLE 12

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, 2006 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 13

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 14

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 $20,000 from Free Cash.

ARTICLE 15

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 Free Cash.

ARTICLE 16

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 Free Cash.

ARTICLE 17

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 2007,

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 18

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 2007,

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 $70,000.00 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 19

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 2007,

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 20

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 2007,

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 21

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 2007,

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 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 22

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 2007,

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 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 23

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

2007, 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 $85,000 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 24

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

2007, 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 26

To see if the Town will vote to establish and reauthorize pursuant to

the provisions of M.G.L. Chapter 44 Section 53D for Fiscal Year 2007, a

revolving fund for the Recreation Commission into which will be paid

receipts from programs to pay wages and salaries of part-time and

seasonal personnel, supplies and expenses relative to programs offered

by the recreation Commission, and/or take any other action relative thereto.

RECREATION COMMISSION

Voted: Unanimously

ARTICLE 27

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 $45,716

Expenses 38,421

Capital Outlay 10,000

Total $94,137

And that $94,137 be raised as follows:

User Charges $94,137

Total $94,137

BOARD OF SELECTMEN/HARBORMASTER/WHARFINGER

Voted: Unanimously $94,137 from Harbor Enterprise

ARTICLE 28

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.

Expenses $58,000

Total $58,000

And that $58,000 be raised as follows: Department Receipts $58,000.

BOARD OF SELECTMEN

Voted: Unanimously $58,000 from Water Enterprise

Motion and second to lay Article 25 on the Table. Voted: Unanimously

ARTICLE 29

To see if the Town will vote to raise and appropriate and/or transfer

from available Dredging Reserve Funds and Harbor Enterprise Undesignated

Funds the sum of $70,000 for dredging the Westport River, and/or take

any other action relative thereto.

RIVER DREDGING COMMITTEE

Motion and second to accept Article 29 with the following funding sources:

$33,763.80 from Harbor Enterprise Funds

$36,236.20 from Dredging Reserve Funds

Voted: Unanimously

ARTICLE 30

To see if the Town will vote to transfer the sum of $10,000 from the

Cemetery Lots 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 Article 30 with $20,000 from Cemetery Lots.

Voted: Unanimously.

ARTICLE 31

To see if the Town will vote to transfer $26,000 from Perpetual Care

Interest for the purchase of a dump truck and associated equipment for

the Cemetery Department, and/or take any other action relative thereto.

CEMETERY DEPARTMENT

Motion and second to accept Article 31 with $26,000. from Perpetual Care

Interest.

Voted: Unanimously.

Motion and second to take Article 25 off the Table. Voted; Unanimously.

ARTICLE 25

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

2007, 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 $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 amend Article 25 to delete the word “solely” and

insert “and utilize”.

Voted: Article 25 as amended. Carried.

ARTICLE 32

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 2007 Capital Improvement Planning Program, including the purchase

and installation of departmental equipment and computers, the remodeling

and making of extraordinary repairs to Town facilities, the development

of outdoor recreational facilities, the construction of septic systems

for Town facilities and the paving of certain Town properties; to

determine whether this appropriation shall be raised by borrowing or

otherwise; or to take any other action relative thereto.

CAPITAL IMPROVEMENT PLANNING COMMITTEE

Motion and second that $502,000.00 is appropriated for the following

Capital expenditures in accordance with the Town’s fiscal year 2007

capital improvement program:

Amount Department/Board Purpose

$17,000 Police Police Facility Plumbing

Purchase of Computers

$130,000 Highway Two 1-ton 4X4 Dump Trucks

Mini-Excavator

$35,000 Library New Shingles Building Exterior

$25,000 Selectmen Beach Access Construction

Pickup Truck

$15,000 Council on Aging Handicapped Doors Installation

$502,000 - Total

and that to meet this appropriation, the Treasurer with the approval of

the Board of Selectmen, is authorized to borrow $502,000 under Chapter

44 of the General Laws or any other enabling authority.

Motion and second to call the question. Voted: Carried.

Voted: The Moderator declared Article 32 carried by 2/3 vote.

ARTICLE 33

To see if the Town will vote to appropriate a sum of money for acquiring

land, or interests in land, for the purposes of open space, recreation,

conservation, agricultural preservation and protection of environmental

resource areas; to determine whether such appropriation shall be

deposited in the Town’s Agricultural/Open Space Preservation Trust Fund;

to determine whether this appropriation shall be raised by borrowing or

otherwise, and/or take any other action relative thereto.

AGRICULTURAL/OPEN SPACE PRESERVATION COMMITTEE

Motion and second that $1.5 million is appropriated for acquiring land,

or interests in land, for the purposes of open space, recreation,

conservation, agricultural preservation and protection of environmental

resource areas; that to meet this appropriation the Treasurer with the

approval of the Board of Selectmen is authorized to borrow $1.5 million

under G.L. c.44, §7(3) and Chapter 114 of the Acts of 2001 or any other

enabling authority; that the proceeds of any borrowing incurred under

this vote shall be deposited in the Town’s Agricultural/Open Space

Preservation Trust Fund to be expended in accordance with the provisions

of said Chapter 114; and that the Agricultural/Open Space Preservation

Trust Fund Council is authorized to take any other action necessary to

carry out this vote; 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 ½) amounts required to pay the

principal of and interest on the borrowing authorized by this vote.

Voted: The Moderator declared Article 33 carried by a 2/3 vote.

ARTICLE 35

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 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 accept Article 35 with $20,000. from Free Cash.

Voted: Unanimously.

ARTICLE 36

To see if the Town will vote to hear and act on the report of the

Community Preservation Committee on the FY07 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

2007; 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 creation, preservation and support of community housing; and

further to appropriate from the Community Preservation Fund a sum or

sums on 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 accept Article 36 as follows:

That the Town vote to appropriate or reserve from the Community

Preservation Fund’s annual revenues and available funds the amount

recommended by the Community Preservation Committee, with each item to

be considered a separate appropriation. The recommendations are as follows:

Purpose Amount Fund Source

Estuaries Project $60,000 FY07 CPA Fund Revenues

Town Hall Restoration III $80,000 FY07 CPA Fund Revenues

Bell School Restoration $19,775 FY07 CPA Fund Revenues

Historic Cemeteries Restoration $ 6,023 FY07 CPA Fund Revenues

Westport Waterways’ Restoration $15,000 FY07 CPA Fund Revenues

Historic Markers $ 1,308 FY07 CPA Fund Revenues

Westport Point Church $ 9,000 FY07 CPA Fund Revenues

Administrative Account $21,000 FY07 CPA Fund Revenues

Perry Property Acquisition

And further, to authorize the Board of Selectmen to acquire by gift,

purchase or otherwise the fee interest, for community housing purposes

under the Community Preservation Program, in the property commonly known

as the Perry Property, containing approximately 6.5 acres of land

located on the south side of American Legion Highway shown on Assessors

Map 33, Lots 47E, 47, 17 and to enter into all agreements and execute

any and all instruments as may be necessary on behalf of the Town to

effect said purchase and as funding therefor to appropriate a total of

$750,000 with $214,137 from FY07 CPA Fund Revenues, $310,863 from

community Housing Reserves; $25,000 from FY04 Community Housing Project

Account and $200,000 from borrowing; and to authorize the Treasurer,

with the approval of the Board of Selectmen, to issue bonds and notes

therefor pursuant to said G.L. c44B and G.L. c.44, § 7(3), or any other

enabling authority, as needed, for the cost of said acquisition; and

further to authorize the Board of Selectmen to grant a perpetual

affordable housing restriction pursuant to F.L. c.184 Sections 31-33; or

take any other action relative thereto.

Wood Farm Acquisition

And further, to authorize the Board of Selectmen to acquire by purchase,

or otherwise for open space purposes pursuant to the Community

Preservation Program and to accept an agricultural preservation

restriction pursuant to G.L. c.184 Sections 31-33 in and to 12.9 acres

of land, more or less, commonly known as the Wood Farm, in the Town of

Westport located on Adamsville Road and Sodom Road shown on Assessors

Map 77, a portion of Lot 33, and the document entitled “Wood Farm Sketch

Plan,” on file with the Town Clerk and to enter into all agreements and

execute any and all instruments as may be necessary on behalf of the

Town to effect said purchase and as funding therefore to transfer from

the Fiscal Year 2007 Community Preservation Fund Revenues the sum of

$260,000 pursuant to c. 44B or any other general or special law for the

said purchase; and to authorize the Board of Selectmen to execute any

instruments and take any other action necessary to carry out the

purposes of this vote;

And further, to recommend that the following amounts be appropriated at

the 2007 Annual Town Meeting to carry out certain projects partially

funded by this year’s Town Meeting:

Perry Property Acquisition $200,000 FY08 CPA Fund Revenues

Estuaries Project II $ 60,000 FY08 CPA Fund Revenues

Motion and second to accept Article 36 except the Estuaries Project and

Perry Property.

Voted: Unanimously.

Motion and second the amount of $60,000 for Estuaries Project. Voted:

Unanimously.

Motion and second the amount of $750,000 for Perry Property. Voted:

Unanimously.

Motion and second to adjourn the Annual Town Meeting at 10:27 p.m. until

tomorrow at 7 p.m.

Voted: Unanimously.

There were 396 registered voters and 13 press and guests in attendance.

A true record,

Attest:

Marlene M. Samson

Town Clerk

May 4, 2006

The adjourned Annual Town Meeting was called to order at 7:02 p.m. by Moderator Steven Fors who appointed Charles Goldberg, Robert McCarthy and Edward Carey to act as Tellers and they were duly sworn by the Town Clerk. Beverly Kut acted as timekeeper for the meeting. All stood to salute the flag of our nation.

The Moderator stated that he would ask the Town Meeting to vote Articles

52 through 60 as a consent calendar when the time came to vote on these articles.

ARTICLE 37

To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money not to exceed $30,000 for the purpose of developing plans and specifications for an East Beach Nourishment Project consistent with the recommendations contained within the 1997 Aubrey Consulting Incorporated “Final Report” commissioned by the Commonwealth of Massachusetts Executive Office of Environmental Affairs, Department of Environmental Management, and/or take any other action relative thereto.

BEACH COMMITTEE

Motion and second to Pass Over Article 37. Voted: Unanimously.

ARTICLE 38

To see if the Town will vote to raise and appropriate and or transfer from available funds a sum of $15,000 for the purpose of developing a layout plan for Main Road from Kirby Road to Hix Bridge Road, including a detailed existing conditions survey, and/or take any other action relative thereto.

BOARD OF SELECTMEN/SIDEWALK COMMITTEE

Motion and second to accept Article 38. Voted: Carried.

ARTICLE 39

To see if the Town will vote to raise and appropriate and or transfer from available funds a sum of $25,000 to develop a traffic and pedestrian safety plan for Main Road from Kirby Road to Hix Bridge Road, including alternative plans for sidewalks and crosswalks along segments of Main Road emphasizing the design of pedestrian access from Village Way, and/or take any other action relative thereto.

BOARD OF SELECTMEN/SIDEWALK COMMITTEE

Motion and second to Pass Over Article 39. Voted: Unanimously.

ARTICLE 40

To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of $15,000 necessary to provide for economic planning and coordination services, and/or take any other action relative thereto.

WESTPORT ECONOMIC DEVELOPMENT TASK FORCE

Motion and second to accept Article 40. Voted: Carried.

An intention to reconsider Article 38 was made in order to identify the funding source.

An intention to reconsider Article 40 was made in order to identify the funding source.

Voted: Carried.

ARTICLE 40.

Motion and second to appropriate the sum of $15,000 from Free Cash..

Motion and second to call the question. Voted: Carried.

Voted: $15,000 from Free Cash. Carried. Yes: 80 No: 50.

Motion and second to reconsider Article 38 at this time. Voted: Carried.

ARTICLE 38.

Motion and second to appropriate the sum of $15,000 from Free Cash.

Voted: Carried.

ARTICLE 41

To see if the Town will vote to amend the Town By-Laws by deleting in Section 0304 the word “April” and inserting therein the word “May”, and/or take any other action relative thereto.

BOARD OF SELECTMEN

Motion and second to accept Article 41. Voted: Unanimously.

ARTICLE 42

To see if the Town will vote to amend the Town By-Laws by deleting Section 5001. (Capital Improvement Planning Committee) in its entirety and inserting therein the following:

The Board of Selectmen shall appoint a Capital Improvement Planning Committee consisting of ten members as follows:

1) A person knowledgeable and experienced in banking, finance, or investment matters;

2) A person who represents the business community;

3) A person with experience in the management of construction activities;

4) A person who is a member of the School Committee or an appointee thereof;

5) A Selectman;

6) One member of the Finance Committee;

7) Town Treasurer;

8) Town Accountant

9) Town Administrator

10) One Assessor who is selected by the Board of Assessors

and/or take any other action relative thereto.

BOARD OF SELECTMEN/CAPITAL IMPROVEMENT PLANNING COMMITTEE

Motion and second to accept Article 42. Voted: Unanimously.

ARTICLE 43

For consideration – To see if the Town will vote to amend the Town By-Laws by adding the following Article LV Road Side Signs and Displays as follows:

ARTICLE LV ROAD SIDE SIGNS AND DISPLAYS

5305.1 Except as specifically authorized in advance by the Board of Selectmen or otherwise allowed by law, no sign or display of any sort, including but not limited to advertisements, advertising devices, crosses and other memorial displays may be placed or maintained in, over or on the lay-out of a public way in the Town of Westport.

Notwithstanding the foregoing, memorial displays consisting of a cross or a similar memorial which are deemed not to be a hazard to traffic may be maintained for a period not to exceed fifteen (15) days with the advance written permission of the Board of Selectmen.

5305.2 In addition and subject to receiving any approval needed from the owner of a utility pole, signs no larger than fourteen (14) square inches advertising yard sales and affixed in a manner that does not impede motor vehicle or pedestrian traffic may be placed temporarily on utility poles for a period commencing not more than three (3) days before the date of the sale advertised and must be removed forthwith on the date of the sale.

5305.3 Nothing herein shall be construed to limit the Town’s right to remove any unauthorized sign or display from its property without prior notice or to remove any sign or display from its property without prior notice in the event the sign or display is a threat to public safety.

5305.4 Penalty

Any person who shall violate the provisions of these By-Laws after five

(5) days’ notice given by the Board of Selectmen or any Westport Police Officer to remove the sign or display in question will be assessed a civil penalty of Twenty-Five Dollars ($25.00) for the first such violation, Fifty Dollars ($50.00) for the second such violation and One Hundred Dollars ($100.00) for a third or subsequent violation may be assessed utilizing the non-criminal disposition procedures contained in MGL Chapter 40, Section 21D.

and/or take any other action relative thereto.

BOARD OF SELECTMEN

Motion and second to amend Article 43, Section 5305.2 by deleting in the second line the word “square” and inserting “by 14 inches” and to amend Section 5305.1 by deleting in the fourth line the words “layout of” and inserting “property of”. Voted: Carried

Motion and second to call the question. Voted: Unanimously.

Voted: The provisions of Article 43, as amended, were lost.

ARTICLE 44

To see if the Town will vote to amend the Town Cemetery Regulations by inserting the following new section at the conclusion of the current regulations, as follows:

17. No dogs will be allowed in a public cemetery with the exception of service dogs, sometimes known as guide dogs or signal dogs, that have been individually trained to provide assistance to individuals with disabilities, and those contained within a motor vehicle.

And further, to amend the Town Bylaws, by inserting a new section, 3702.6, as follows

Cemetery Regulations, Section 2401.17, Dogs, Non Criminal Disposition:

Any person who violates the provisions of Section 2401.17 of the

Cemetery Regulations shall be subject to a fine of $25.00, with each day

a violation occurs considered a separate offense. Any Police Officer of

the Town of Westport shall be the enforcing authority for purposes of

non-criminal disposition.

and/or take any other action relative thereto.

BOARD OF SELECTMEN

Motion and second to accept the provisions of Article 44. Voted: Carried.

ARTICLE 45

To see if the Town will vote to amend the Town By-Laws by adding the

following Article LVI Board of Selectmen as follows:

ARTICLE LVI - BOARD OF SELECTMEN

Board of Selectmen

5601. Term of Office, Composition

There shall be a Board of Selectmen consisting of five members elected

for three (3) year terms, so arranged that as nearly an equal number of

terms as possible shall expire each year.

5602. Vacancy

Vacancies in the office of selectman shall be filled by special election

in accordance with the provisions of general law.

5603. Policy Leadership Responsibilities

The Board of Selectmen shall serve as the goal setting and policy-making

agency of the town and shall appoint a Town Administrator to carry out

such policies. As the chief policy-making agency of the town, the Board

of Selectmen shall not normally administer the day–to–day affairs of the

town, but shall instead regularly direct the Town Administrator to help

it in carrying out its administrative duties, and make recommendations

to the Town Meeting relating to actions required to be taken by that body.

5603.1 Except as otherwise provided by the town’s by-laws, all executive

powers of the town shall be vested in the Board of Selectmen. The Board

of Selectmen shall have all of the powers and duties given to boards of

selectmen under the constitution and general laws of the Commonwealth,

and such additional powers and duties as may be authorized by the

by-laws or by any other Town Meeting vote.

5603.2 Individual selectmen shall have no independent authority unless

specifically voted by the Board of Selectmen. Selectmen shall deal with

administrative agencies and departments through the Town Administrator.

5603.3 The Board of Selectmen shall cause the laws and orders for the

government of the town to be enforced and shall cause an up-to-date

record of all its official acts to be kept.

5604. Powers, Duties, and Responsibilities

Except as otherwise provided in these by-laws, all executive powers of

the town shall be vested in the Board of Selectmen and it shall have all

of the powers and duties given to Boards of Selectmen under the

constitution and general laws of the Commonwealth, and such additional

powers and duties as may be authorized by by-law or by Town Meeting vote.

5604.1 The Board of Selectmen shall cause the laws and orders for the

government of the town to be enforced and shall cause a record of all

its official acts to be kept.

5604.2 The Board of Selectmen shall act as the licensing authority of

the town and shall have the power and responsibility required to issue

licenses, to make all necessary rules and regulations regarding the

issuance of such licenses, and to attach conditions and impose such

restrictions as it considers to be on the public interest, and further

to enforce, or cause to be enforced, the laws, rules and regulations

relating to all business for which it issues licenses.

5604.3 The Board of Selectmen may conduct investigations and may

authorize the Town Administrator or other agent to investigate the

affairs of the town and the conduct of any town department, office, or

agency, including any doubtful claims against the town and for this

purpose may subpoena witness, administer oaths, take testimony, and

require the production of evidence. The report of such investigation

shall be placed on file in the office of the Town Clerk, and report

summarizing such investigation shall be printed in the next town report.

5605. Appointing Powers

The Board of Selectmen shall appoint the Town Administrator, Assistant

Town Administrator and/or Secretary to the Board of Selectmen, Town

Counsel, Constables, Town Accountant, Chief of Police, Fire Chief,

Harbormaster, Shellfish Warden, Fence Viewers, and members of all

multi-member bodies or other positions for whom no other appointment or

election provision is made in the by-laws or Massachusetts General Laws.

5601. All appointed boards, committees, and commissions, appointed by

the Board of Selectmen, shall be responsible to the Board of Selectmen.

5606. Prohibitions

No member of the Board of Selectmen shall serve on any appointed town

board established by these by-laws for which the Board of Selectmen is

the appointing authority, except by an affirmative vote of three (3) of

the members of the Board of Selectmen.

5607. Intergovernmental Relations

Members of the Board of Selectmen will represent the town on federal,

state, regional, and inter-municipal committees, or may designate a town

employee or other person to represent the town.”, and/or take any other

action relative thereto.

BOARD OF SELECTMEN

Motion and second to Pass Over Article 45. Voted: Carried.

ARTICLE 46

To see if the Town will vote to amend the Town By-Laws by adding the

following Article LVII Town Administrator as follows:

ARTICLE LVII – TOWN ADMINISTRATOR

Town Administrator

5701. Appointment; Qualification; Term

The Board of Selectmen shall appoint, by an affirmative vote of four (4)

members, a Town Administrator for a term of three years that is

renewable by the Selectmen upon receiving a satisfactory evaluation from

the Board of Selectmen. The Selectmen shall set the Town Administrator’s

compensation within the amount annually appropriated for this purpose.

The Town Administrator shall be appointed solely on the basis of

executive, administrative, and educational qualifications.

5701.1 The Town Administrator shall be a professionally qualified person

of proven ability, especially fitted to perform the duties of the office

by education, training and previous experience in municipal

administration. The Town Administrator will have a Bachelors Degree,

preferably a Masters Degree, in Public Administration, Public Policy,

Business Management or related field; at least five (5) years experience

in an upper level executive municipal positions; or equivalent

combination of education and experience.

5701.2 The Administrator shall devote full time to the office and shall

not hold any other public office, elective or appointive, or engage in

any other business or occupation during his or her term, unless such

action is approved in advance, in writing, by the Board of Selectmen.

The town may from time to time, by by-law, establish such additional

qualifications as seem necessary and appropriate.

5702. Relationship of the Town Administrator and the Board of Selectmen

The Town Administrator shall be the primary officer responsible for the

implementation of the policy directives of the Board of Selectmen. The

daily administration of the affairs of the town shall be the

responsibility of the Town Administrator.

5703. Vacancy in Office

The Board of Selectmen shall fill any permanent vacancy in the office of

Town Administrator as soon as possible. Pending the appointment of a

Town Administrator, the Board of Selectmen shall, within thirty (30)

days, appoint some other qualified person to serve as the Acting Town

Administrator.

5704. Temporary Absence

The Town Administrator may, by letter filed with the Town Clerk and

Board of Selectmen designate as Acting Town Administrator, a qualified

officer of the town to perform the duties of the Town Administrator

during a temporary absence or disability. If such absence or disability

exceeds thirty (30) days, any designation made by the Administrator

shall be subject to the approval of the Board of Selectmen. In the event

of failure of the Town Administrator to make such designation, or if the

person so designated is unable to serve, the Board of Selectmen may

designate some other qualified person to perform the duties of the Town

Administrator until the Town Administrator shall return.

5705. Procedures for Removal of Town Administrator

The Board of Selectmen, by an affirmative vote of four (4) of its

members, may initiate the removal of the Town Administrator prior to the

expiration of an employment contract by adopting a preliminary

resolution of removal. Said resolution shall set forth in reasonable

detail the reason or reasons for said removal. The preliminary

resolution may suspend the Administrator for a period not to exceed

thirty (30) days. The resolution shall be delivered to the Administrator

forthwith upon its adoption.

5705.1 The Administrator, within five (5) days of receipt of the

resolution of removal, may request a public hearing by the Board of

Selectmen on the reasons stated in the resolution of removal. The Board

of Selectmen shall convene the requested hearing not less than seven (7)

nor more than thirty (30) days after receipt of the request by the Town

Administrator. The Town Administrator may be represented by counsel of

his or her choice, may call witnesses, may question witnesses and may

file a statement on his or her behalf.

5705.2 If the Town Administrator does not request a public hearing then

the Board of Selectmen may adopt a final resolution of removal not

earlier than ten (10) days after the delivery of the preliminary

resolution of removal and not later than twenty (20) days after the

delivery of the preliminary resolution. If the Town Administrator does

not request a public hearing, then the Board of Selectmen may adopt a

final resolution of removal not earlier than five (5) days or later than

ten (10) days after the close of the public hearing. A final resolution

of removal must have an affirmative vote of four (4) members of the

Board of Selectmen. Failure to adopt a final resolution of removal

within the time limits set forth herein shall nullify the preliminary

resolution of removal.

5705.3 The action of the Board of Selectmen in suspending or removing

the Town Administrator shall be final. The Administrator shall continue

to receive his or her salary until a final resolution of removal becomes

effective.

5706. Powers and Duties

The Town Administrator shall be the chief administrative officer of the

town. The Town Administrator shall be responsible to the Board of

Selectmen for the proper administration of all town affairs placed in

his or her charge by or under the by-laws. The Town Administrator shall

have the following powers and perform the following duties:

5706.1 Implement and carry out all policies and goals established by the

Board of Selectmen;

5706.2 Prepare and submit an annual operating budget and capital

improvement program and budget;

5706.3 Investigate or inquire into the affairs of any town department

under his jurisdiction or when authorized by the Board of Selectmen,

investigate or inquire into the affairs of any town department;

5706.4 Attend all regular and special meetings of the Board of

Selectmen, unless unavailable for reasonable cause, and shall have a

voice, but no vote, in all of its proceedings;

5706.5 Keep the Board of Selectmen fully informed as to the needs of the

town and make recommendations to the board;

5706.6 Inform the Board of Selectmen on departmental operations, fiscal

matters, administrative actions and provide regular periodic reports to

the Board of Selectmen;

5706.7 Inform the Board of Selectmen of the availability of public and

private funding opportunities;

5706.8 Administer personnel policies, practices, and rules and

regulations, any compensation plan and any related matter for all

municipal employees, except school employees;

5706.9 Be responsible for the negotiation, administration and

enforcement of collective bargaining agreements and other employment

agreements on behalf of the Board of Selectmen;

5706.10 Have jurisdiction over all town property, insuring that a full

inventory of all real and personal property is kept excluding property

under the jurisdiction of the school committee;

5706.11 Shall be responsible for and oversee the purchase of all

supplies, materials, services and equipment, and approve the award of

all contracts for all town departments;

5706.12 Coordinate the activities of all appointed and elected boards,

committees and commissions and may require elected boards and

individuals to meet with and provide information to the Town

Administrator, at reasonable times for the purpose of coordination of

financial planning;

5706.13 May create new full time, compensated positions subject to the

approval of the Board of Selectmen and funding by town meeting;

5706.14 Supervise, direct and be responsible for the efficient

administration of all officers appointed by the Board of Selectmen and

their respective departments, and for all functions for which the Town

Administrator is given responsibility, authority or control by this

charter, by by-law, by Town Meeting vote or by vote of the Board of

Selectmen;

5706.15 Delegate, authorize or direct any subordinate or employee

appointed by the Board of Selectmen to exercise any power, duty, or

responsibility which the office of the Town Administrator is authorized

to exercise, provided that all acts that are performed under such

delegation are deemed to be the acts of the Town Administrator; NOTE:

The words Town Administrator was deleted and the words Board of

Selectmen inserted therein.

5706.16 Administer and enforce either directly or through a person or

persons supervised by the Town Administrator, in accordance with this

by-law all provisions of the laws of the Commonwealth applicable to the

town, all by-laws, and all regulations established by the Board of

Selectmen;

5706.17 Attend all sessions of the Town Meeting to answer all questions

addressed to the Town Administrator and which are related to warrant

articles and matters of general supervision of the Town Administrator.

5706.18 Administer or oversee annual performance evalutions of all

department heads and employees appointed by the Board of Selectmen.

and/or take any other action relative thereto. BOARD OF SELECTMEN

Motion and second to Pass Over Article 46. Voted: Carried.

ARTICLE 47

To see if the Town will vote to accept the provisions of Section 12B of

M.G.L. Chapter 138, which would prohibit nudity or partial nudity in a

licensed premises, and/or take any other action relative thereto.

BOARD OF SELECTMEN

Motion and second to accept the provisions of Article 47. Voted: Carried.

ARTICLE 48

To see if the Town will vote to accept the provisions of M.G.L. Chapter

39, Section 23D which provides that a member of any municipal board,

committee or commission when holding a judicial or quasi judicial

hearing shall not be disqualified from voting in the matter solely due

to the member’s absence from any session of the hearing at which

testimony or other evidence is received, if the member before voting

certifies in writing, under the penalties of perjury, that the member

has examined all evidence submitted at the missed session or sessions,

including examination of an audio or video recording of the missed

session or sessions. The written certification shall be part of the

record of the hearing. Nothing in this section shall change, replace,

negate or otherwise supersede otherwise applicable quorum requirements,

and/or take any other action relative thereto.

BOARD OF SELECTMEN

Motion and second to Pass Over Article 48. Voted: Carried.

ARTICLE 49

To see if the Town will vote to transfer the care, custody, maintenance

and control of the land described below to the Board of Selectmen for

the purpose of developing affordable housing or for the purpose of

disposition by sale or lease, and further to authorize the Board of

Selectmen to sell or lease for a period in excess of three years all or

a portion of land recorded with the Registry of Deeds at Book 2833, page

168; Book 2833, page 170; and Book 2833, page 172, upon such terms and

conditions as the Board of Selectmen shall determine to be appropriate,

and/or take any other action relative thereto.

BOARD OF SELECTMEN

Motion and second to accept the provisions of Article 49. Voted:

Unanimously.

ARTICLE 50

To see if the Town will vote to: (a) approve the form of the Tax

Increment Financing (TIF) Agreement between J & S Restaurant

Enterprises, Inc. d/b/a Kozy Nook Restaurant and the Town of Westport

for land located at 645 State Road (Map 7, Lot 373 and Map 24, Lot 1L)

on file with the Board of Selectmen and Town Clerk; (b) authorize the

Board of Selectmen to execute the TIF Agreement, and any documents

relating thereto, and to take such other actions as are necessary or

appropriate to implement those documents; and (c) authorize the Board of

Selectmen to approve and certify the proposed project as provided in the

TIF Plan and to apply to the Fall River Economic Target Area (ETA) and

the Commonwealth of Massachusetts under the Economic Assistance

Coordinating Council (EACC) for approval and designation of the Economic

Opportunity Area (EOA), TIF Plan and TIF Agreement, and any certified

project, and take such other and further action as may be necessary or

appropriate to carry out the purposes of this article to enhance

economic development on the Route 6 corridor as recommended by the

Master Plan, and/or take any other action relative thereto.

BOARD OF SELECTMEN/TIP COMMITTEE

Motion and second to accept the provisions of Article 50.

Motion and second to call the question. Voted: Unanimously.

Voted: Unanimously to accept the provisions of Article 50.

ARTICLE 51

To see if the Town of Westport will, in accordance with G.L. c. 40,

section 4A, authorize the Board of Selectmen, in consultation with the

Board of Health, to enter into an inter-municipal agreement for a term

not to exceed 25 years with one or more other governmental entities to

provide public health services which the Board of Health is authorized

to perform, or take any other action relative thereto.

BOARD OF HEALTH

Motion and second to amend Article 51 by deleting in the second line the

word “Health” and inserting “Selectmen in co-operation with the Board of

Health”.

Voted: Unanimously as amended.

Motion and second to advance Articles 52, 53, 54, 55, 56, 57, 58, 59 and

60 and that these articles be adopted with the Finance Committee

recommendations. Voted: Unanimously.

ARTICLE 52

To see if the Town will vote to amend the Personnel By-Law by deleting

under Schedule A -Library Department, the following:

Position Group Hours Pay Basis Type

Library Clerk 5 +20 K-A PT

and inserting therein:

Position Group Hours Pay Basis Type

Principal Clerk 5 +20 K-A PT

and if necessary to raise and appropriate and/or transfer from available

funds the sum of $3265.00 to the Library Department budget therefore,

and/or take any other action relative thereto.

LIBRARY TRUSTEES

Voted: (Unanimously) $3,265.00 from Free Cash.

ARTICLE 53

To see if the Town will vote to amend the Personnel By-Law by adding

under Schedule A -Library Department, the following:

Position Group Hours Pay Basis Type

Library Substitute 5 -20 hourly PT

and/or take any other action relative thereto.

PERSONNEL BOARD/LIBRARY TRUSTEES

Voted: (Unanimously).

ARTICLE 54

To see if the Town will vote to amend the Personnel By-Law by deleting

under Schedule A –Council on Aging, the following:

Position Group Hours Pay Basis Type

Director 1 35 Salary FT

and inserting therein:

Position Group Hours Pay Basis Type

Director 1 40 Salary FT

and, if necessary, to raise and appropriate and/or transfer from

available funds the sum of $5,200 to the Council on Aging Budget

therefore, and/or take any other action relative thereto.

PERSONNEL BOARD/BOARD OF SELECTMEN/COUNCIL ON AGING

Voted: (Unanimously) $5,200 from Free Cash.

ARTICLE 55

To see if the Town will vote to amend the Personnel By-Law by deleting

under Schedule A – Council on Aging, the following:

Position Group Hours Pay Basis Type

Principal Clerk 2 35 K-A FT

and inserting therein:

Position Group Hours Pay Basis Type

Principal Clerk 2 40 K-A FT

and, if necessary, to raise and appropriate and/or transfer from

available funds the sum of $3,783 to the Council on Aging Budget

therefore, and/or take any other action relative thereto.

BOARD OF SELECTMEN/COUNCIL ON AGING

Voted: (Unanimously) $3,783 from Free Cash.

ARTICLE 56

To see if the Town will vote to amend the Personnel By-Law by adding

under Schedule A – Council on Aging, the following:

Position Group Hours Pay Basis Type

Volunteer Coordinator 2 -20 Hourly PT

and/or take any other action relative thereto.

PERSONNEL BOARD/COU