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Westport Town Meeting 2005 This page contains minutes of:
Minutes of Annual Town Meeting Session1 May 3, 2005 ANNUAL TOWN MEETING TOWN OF WESTPORT COMMONWEALTH OF MASSACHUSETTS MAY 3, 2005
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 3, 2005 at 7:30 p.m., and then and there to act on the following articles, viz: Agreeable to the warrant calling said meeting, the voters of the Town of Westport assembled at the Westport High School on the above date. The meeting was called to order at 7:33 p.m. by Moderator Steven Fors who appointed Doug Houde and Michael Rodrigues 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. ARTICLE 1 To see if the Town will vote to transfer to reduce taxation certain sums of money from various articles approved by Town Meeting, when there is a balance remaining that is no longer required to accomplish the purpose for which the articles were originally passed, and/or take any other action relative thereto. FINANCE COMMITTEE/BOARD OF SELECTMEN VOTED: (Unanimously) to pass over Article 1. VOTED: (Unanimously) to dispense with the reading of the warrant and with the reading of the Constable's 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 by subject matter. VOTED: To allow the moderator to declare that a two-thirds vote has been achieved according to General Law, Chapter 39, § 15. Carried. 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 Moderator $ 682 Unan. Selectmen - Chairman 6,519 (hold) Board Members (4) 25,457 (hold) Assessors - Board Members (3) 14,276 Unan. Board of Health - Members (3) 6,519 Unan. Highway Surveyor 62,683 Unan. Tax Collector 52,736 Unan. Town Clerk 52,736 Unan. Treasurer 52,736 Unan. $274,344 VOTED: to amend the Selectmen's salaries to $1.00 for the next fiscal year was defeated. VOTED: Selectmen - Chairman, $6,519.00 - Carried Board Members (4) - $25,457.00 - Carried. 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, 2005 and appropriate the same to several departments and/or take any other action relative thereto. FINANCE COMMITTEE/BOARD OF SELECTMEN ACCOUNTANT SALARIES $ 81,070 EXPENSES 11,587 92,657 APPEALS SALARIES 3,784 EXPENSES 7,715 11,499 ASSESSORS SALARIES 130,696 EXPENSES 3,402 134,098 BOARD OF HEALTH SALARIES 189,060 EXPENSES 11,370 200,430 BUILDING SALARIES 92,451 EXPENSES 5,901 98,352 CEMETERY SALARIES 117,266 EXPENSES 7,193 124,459 COLLECTOR SALARIES 110,112 EXPENSES 17,660 127,772 CONSERVATION SALARIES 63,623 EXPENSES 5,338 68,961 COA SALARIES 122,086 EXPENSES 35,725 157,811 DATA PROCESSING SALARIES 8,755 EXPENSES 66,640 75,395 DOG OFFICER SALARIES 24,771 EXPENSES 4,686 29,457 EL & REGRIST SALARIES 40,025 EXPENSES 12,123 52,148 EMERGENCY MGRMT SALARIES 2,707 EXPENSES 1,421 4,128 EMPLOYEES BENEFITS HEALTH INSURANCE 1,925,000 LIFE INSURANCE 4,500 MEDICARE 160,000 UNEMPLOYMENT 35,000 WORKERS' COMP 111,500 2,236,000 FINANCE COMMITTEE SALARIES 1,100 EXPENSES 2,200 3,300 RESERVE FUND 125,000 FIRE SALARIES 1,207,099 EXPENSES 104,970 1,312,069 GAS INSPECTORS SALARIES EXPENSES HIGHWAY SALARIES 514,104 EXPENSES 104,481 618,585 HWY SNOW & ICE SALARIES 39,635 EXPENSES 30,000 69,635 HISTORICAL COMMISSION 539 LANDFILL SALARIES 76,546 EXPENSES 217,039 293,585 LEGAL EXPENSES 105,000 LIBRARY SALARIES 161,299 EXPENSES 23,395 184,694 MODERATOR SALARIES 682 EXPENSES 162 844 NURSING SALARIES 29,835 EXPENSES 3,843 33,678 PARKING TICKETS 3,285 PERSONNEL SALARIES 484 EXPENSES 80 564 PLANNING BOARD SALARIES 71,405 EXPENSES 5,450 76,855 PLUMBING INSP SALARIES EXPENSES POLICE SALARIES 1,966,719 EXPENSES 318,550 2,285,269 PROPERTY INSURANCE 204,972 RECREATION/COMMUNITY CTR SALARIES EXPENSES REGIONAL SCHOOLS DIMAN 455,000 BRISTOL AGGIE 25,000 480,000 RETIREMENT 1,080,549 SEALER OF W & M SALARIES 1,705 EXPENSES 217 1,922 SELECTMEN SALARIES 203,953 EXPENSES 16,032 219,985 SHELLFISH SALARIES 63,949 EXPENSES 13,372 77,321 STREET LIGHTING 18,500 TOWN BEACH SALARIES 18,623 EXPENSES 3,333 21,956 HOUSING PARTNERSHIP COM (Town Bldg) EXPENSES 200
TOWN CLERK SALARIES 77,174 EXPENSES 4,825 81,999 TOWN FARM 2,816 TOWN HALL/ANNEX SALARIES 67,943 EXPENSES 49,600 117,543 TOWN REPORTS 4,223 TREASURER SALARIES 112,440 EXPENSES 22,525 134,965 VETERANS GRAVES SALARIES 845 EXPENSES 2,049 2,894 VETERANS SERVICES SALARIES 30,950 EXPENSES 77,699 108,649 WIRE INSPECTORS SALARIES EXPENSES SCHOOL SALARIES/EXPENSES 12,164,991 SCHOOL TRANSPORTATION 1,136,040 SERPD 2,300 LONG TERM INTEREST SCHOOL BOND 94,050 LANDFILL BOND 7,800 AGRICULTURAL OPEN SPACE 18,142 119,992 SHORT TERM INTEREST 12,500 DEBT INTEREST SCHOOL BOND 300,000 LANDFILL BOND 200,000 AGRICULTURAL OPEN SPACE 100,000 600,000 TOTAL EXPENDITURES $25,120,386 VOTED: (Unanimously) the following sums: $ 399,176.00 Free Cash 24,626,210.00 Taxation 95,000.00 Overlay Surplus $25,120,386.00 ARTICLE 4 To see if the Town will vote to amend the Westport Zoning By-Law, Article 1, Section 1.1 Definitions to insert in the appropriate order: Affordable Unit: A dwelling unit that can be purchased or rented at an annual cost that is deemed affordable for a household that is earning no more than 70% of the area median income as reported by the U.S. Department of Housing and Urban Development and/or DHCD. Sales prices, rents, and rent increases shall be restricted to ensure long-term affordability to eligible households, to the extent legally possible. All affordable units are intended to be eligible for inclusion in the Town's Subsidized Housing Inventory pursuant to Chapter 40B of the General Laws, and shall meet all requirements of DHCD, as they may be amended from time to time. Applicant: The person or persons, including a corporation or other legal entity, applying for a special permit hereunder. The Applicant must own, or be the beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site. Assisted Living Facility (ALF): A facility as defined in 651 CMR 12.02. Eligible Household: A household whose total income does not exceed 80% of the area median income, adjusted for household size, as reported by the most recent information from the United States Department of Housing and Urban Development and/or DHCD. Independent Living Facility (ILF): A facility reserved by deed for occupancy by persons over the age of fifty-five who are able to care for themselves, but with some common facilities as described herein. Median Income: The area median income, adjusted by household size, reported by the most recent information from the U.S. Department of Housing and Urban Development and/or DHCD. PLANNING BOARD VOTED: (Unanimously) Approved by Atty. Gen. 6/7/05. VOTED: (Unanimously) to recess the Annual Town Meeting at 8:05 p.m. and to open the Special Town Meeting.
Minutes of Special Town Meeting May 3, 2005 TOWN OF WESTPORT COMMONWEALTH OF MASSACHUSETTS SPECIAL TOWN MEETING WARRANT May 3, 2005 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 3, 2005 at 8:00 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, 2004, and/or to take any other action relative thereto. BOARD OF SELECTMEN
FROM: TO; AMOUNT BOH Personal Services Landfill Expenses $5,000.00 BOH Personal Services BOH Expenses 4,100.00 Cemetery Dept. Personal Cemetery Department Expenses 6,000.00 Services VOTED: (Unanimously)
ARTICLE 2 To see if the Town will vote to raise and appropriate and/or transfer from available funds such sums of money necessary for the purpose of paying outstanding bills from prior fiscal years, and/or take any other action relative thereto. BOARD OF SELECTMEN Container Recycle Alliance 1,303.80 Nextel 391.54 1,695.34 VOTED: (Unanimously) VOTED: (Unanimously) to adjourn the Special Town Meeting at 8:08 p.m. and reconvene the Annual Town Meeting.
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 11th day of April in the year two thousand and five.
Elizabeth A. Collins, Chair Stewart Kirkaldy Steven J. Ouellette Richard M. Tongue David P. Dionne WESTPORT BOARD OF SELECTMEN
Marlene Samson Town Clerk Westport, MA 02790 April 12, 2005 On this 12th of April 2005, I posted 6 true attested copies of the forgoing warrant in the following named places: Briggs Road Fire Station State Road Package Store Senior Center Central Village Fire Station Briere's Inc. a.k.a. Country Liquor & Variety Town Hall
Daniel P. Sullivan Constable of Westport
VOTED: (Unanimously) to reopen the Special Town Meeting in order to provide the funding source for Article 2. ARTICLE 2. VOTED: (Unanimously) the sum of $1,695.34 from Free Cash. VOTED: (Unanimously) to dissolve the Special Town Meeting at 8:11 p.m. and reconvene the Annual Town Meeting.
ARTICLE 5 To see if the Town will vote to amend Article 4 Use Regulations of the Westport Zoning By-Law, to add Section 4.0.1.E as follows: 4.0.1.E Uses, which may be, permitted by the Planning Board in accordance with Section 2.6 Special Permits - Planning Board 1. Assisted and Independent Living Facilities (Article 11.0) and/or take any other action relative thereto. PLANNING BOARD VOTED: (Unanimously) Approved by Atty. Gen. 6/7/05. ARTICLE 6 To see if the Town will vote to amend Table of Use Regulations of the Westport Zoning By-Law, to allow for Assisted and Independent Living Facilities by Special Permit of the Planning Board as follows: 1. To insert after "SPBA = Special Permit Board of Appeals", "SPPB = Special Permit Planning Board". 2. To insert after "AMUSEMENT OR ASSEMBLY" "ASSISTED AND INDEPENDENT LIVING FACILITIES" with the designation "SPPB" under Residential, Business, and Unrestricted Districts. PLANNING BOARD VOTED: (Unanimously) Approved by Atty. Gen. 6/7/05. VOTED: (Unanimously) that we advance the 12 articles of the consent calendar (Articles 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 19) and that these articles be adopted as recommended by the Finance Committee
ARTICLE 7 To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen to borrow from time to time in anticipation of revenue of the fiscal year beginning July 1, 2005 in accordance with the provisions of the General Laws, Chapter 44, Section 4, and to issue a note or notes, payable within one year, and to renew any note or notes therefore, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with the General Laws, Chapter 44, Section 17. BOARD OF SELECTMEN VOTED: (Unanimously)
ARTICLE 8 To see if the Town will vote to raise and appropriate and/or transfer from other available funds and/or borrow a sum of money to be used in conjunction with, and/or in addition to any funds allocated by the Commonwealth and/or County for the engineering services, construction, reconstruction, and/or improvements of Town roads, and/or take any other action relative thereto. HIGHWAY DEPARTMENT VOTED: (Unanimously) ARTICLE 9 To see if the Town will vote to raise and appropriate and/or transfer from available funds and/or transfer from within existing appropriations a sum of $20,000 to be used for the engineering services, repair, resurfacing, reconstruction, drainage, and maintenance of Town roads, and/or take any other action relative thereto. HIGHWAY DEPARTMENT VOTED: (Unanimously)
ARTICLE 10 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)
ARTICLE 11 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) ARTICLE 12 To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2006, 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 13 To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2006, 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 14 To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2006, 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 15 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 2006, 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 16 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 2006, a revolving fund for the Westport Fire Department into which will be paid all receipts from Ambulance Fees, from which costs not to exceed $80,000 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 17 To see if the Town will vote to establish and reauthorize pursuant to the provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2006, 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 $70,000.00 for inspections performed, mileage, schooling, equipment and supplies, clerical wages and other miscellaneous expenses may be expended without further appropriation by the Electrical, Plumbing and Gas departments, Any fund balance in excess of $70,000 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 19 To see if the Town will vote to establish and reauthorize pursuant to the provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2005, a revolving fund for the Planning Board into which will be paid all portions of subdivision filing fee receipts collected for the purpose of maintaining the assessors parcel GIS database, as provided in the Rules & Regulations Governing the Subdivision of Land, as they may be amended from time to time. These funds may be expended for costs not to exceed $10,000, and solely for purposes related to maintaining the GIS database, and may be expended without further appropriation by the Planning Board, and/or take any other action relative thereto. PLANNING BOARD VOTED: (Unanimously) An intention was made to reconsider Articles 9, 10 and 11. ARTICLE 18 To see if the Town will vote to establish and reauthorize pursuant to the provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2006, a revolving fund for the Westport Cable Advisory Committee into which will be paid receipts from the additional License Fee, from which costs not to exceed $100,000.00 for cable services, equipment and/or supplies may be expended without further appropriation by the Cable Advisory Committee and Board of Selectmen, and/or take any other action relative thereto. CABLE ADVISORY COMMITEE VOTED: (Unanimously) ARTICLE 20 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 $ 45,716.00 Expenses 101,371.00 Capital Outlay 9,000.00 Total $ 156,087.00 And that $156,087.00 be raised as follows: User Charges $ 95,687.00 Dredge Surcharge 45,000.00 Waterways 15,400.00 Total $ 156,087.00 BOARD OF SELECTMEN/HARBORMASTER/ WHARFINGER VOTED: (Unanimously) ARTICLE 21 To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to operate the Waterline Enterprise, and/or take any other action relative thereto. Expenses $51,000.00 Total $51,000.00 And that $51,000.00 be raised as follows: Department Receipts $51,000.00 BOARD OF SELECTMEN VOTED: (Unanimously)
ARTICLE 22 To see if the Town will vote to amend its By-Laws by adopting the following, or take any action relative thereto: PREFACE (not part of the bylaw) The citizens of Westport wish to protect the water quality of the Town’s aquifers and waterways and acknowledge that these resources are shared community assets, which are important to all residents. Recognizing that activities on the land near wetlands, lakes, ponds, rivers, streams, vernal pools, estuaries and other resource areas have consequences to the long and short term health, quantity and quality of these water resources, therefore the citizens of Westport do hereby adopt this bylaw to help regulate activities in or near these water resources as stipulated below.
WETLANDS PROTECTION BYLAW 1. Introduction. The purpose of this bylaw is to protect the wetlands, water resources, and adjoining land areas in the Town of Westport by regulating activities that would have a significant or cumulative effect upon Resource Area values deemed important to the Town (collectively, the “Resource Area values protected by this bylaw”), including but not limited to the following: * public or private water supply, * groundwater quantity and quality, * flood control, * storm damage prevention including coastal storm flowage, * * water quality, * water pollution control, * erosion and sedimentation control, * fisheries and shellfish, wildlife habitat, and rare species habitat including rare plant species, * agriculture, aquaculture, and recreation. 2.1 Jurisdiction. No person shall alter the following areas unless permitted by the Conservation Commission or as otherwise provided in this bylaw: * any freshwater or coastal wetlands; whether vegetated or unvegetated; * marshes; flats; wet meadows; bogs; swamps; Vernal Pools (as defined in Section 9.1.j); * banks; reservoirs; lakes; ponds; * rivers; streams; creeks; * beaches; dunes; estuaries, including Estuary Area (as defined in Section 9.1.d); * lands under water bodies; lands subject to flooding or inundation by groundwater or surface water; lands subject to tidal action, coastal storm flowage, or flooding; and * the Buffer Protection Zone (as defined in Section 9.1.c) to any of the aforementioned Resource Areas, except the 200-foot riverfront area and Estuary Area (which have no buffer zone). These Resource Areas shall be protected whether or not they border surface waters. 2.2 Commission Review. The Commission shall have the right to review all work proposed that may alter Resource Areas, as follows: * in riverfront and Estuary Areas; * within 200 feet of a pond, lake, Vernal Pool or intermittent stream that is connected by surface flow to a perennial stream or river; and * within 100 feet of all other Resource Areas. The purpose of this review is to ensure that proposed work is appropriately permitted and conditioned to protect the Resource Areas. 2.3. Presumed Importance of Buffer Protection Zones. Activities undertaken in proximity to wetlands and other Resource Areas have a high likelihood of adverse impact either immediately, as a consequence of construction, or over time, as a consequence of daily operation or existence of the activities. These adverse impacts from construction and use can include, erosion, siltation, loss of groundwater recharge, poor water quality, and loss of wildlife habitat. Therefore, Buffer Protection Zones are presumed important to the protection of the adjacent Resource Areas. Unless the applicant convinces the Commission that the area or part of it may be disturbed without harm to the values protected by the bylaw, the Commission may require that the applicant limit any activities within the Buffer Protection Zone. 2.4 Undisturbed Zone and Limited Activity Zone. To adequately protect Resource Areas, the Commission shall require, unless a variance pursuant to section 7.10 is granted, two contiguous areas within the Buffer Protection Zone as follows: * an Undisturbed Zone, forming a strip of continuous, undisturbed vegetative cover, extending 50 feet from the bank of a pond, lake or intermittent stream that is directly connected by surface flow to a perennial stream or river; 50 feet from the border of a Vernal Pool; and 25 feet from the border or bank or any other Resource Area. * a Limited Activity Zone, extending 50 feet from the outer edge of the Undisturbed Zone of any Resource Area in which no driveways or parking areas may be placed and the placement of impervious materials or structures is limited to 2000 sq. ft. or 20% of the zone, whichever is less. The maximum disturbed area in the Limited Activity Zone is not to exceed 5,000 sq. ft. Riverfront and Estuary Areas do not have a Buffer Protection Zone. 3. Exceptions. 3.1. Public Utility Facilities. The application and permit required by this bylaw shall not be required for maintaining, repairing, or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public to provide electric, gas, telephone, telegraph, or other telecommunication services, provided that written notice has been given to the Commission prior to commencement of work, and provided that the work conforms to performance standards and design specifications in regulations adopted by the Commission.
3.2. Agricultural Uses. Work performed for normal maintenance or improvement of land in agricultural use, as defined in 310 CMR 10.00, is exempt from this bylaw. 3.3. Emergency Projects. The application and permit required by this bylaw shall not be required for emergency projects necessary for the protection of the health and safety of the public, provided that the work is to be performed or has been authorized by a federal, state, county or local government agency, and that oral or written notice has been given to the Commission in advance or within 24 hours of commencement and that the work is performed only for the limited purposes necessary to abate the emergency. The Commission or its agent must certify the work as an emergency project and may impose conditions to ensure no work beyond that necessary to abate the emergency is performed. 3.4. Exceptions Contained in the Act. Other than stated in this section, the exceptions provided in the Wetlands Protection Act (MGL Ch. 131 s.40) and Regulations (310 CRM 10.00) shall not apply under this bylaw. 4. Applications and Fees. 4.1. Request for Determination. Any person desiring to know whether or not a proposed activity or an area is subject to this bylaw may request, in writing, a determination from the Commission. Such a Request for Determination (RFD) shall include information and plans necessary to make a determination. 4.2. Application. Written application shall be filed with the Commission to perform activities affecting Resource Areas protected by this bylaw. The permit application shall include such information and plans necessary to describe proposed activities and their effects on the Resource Areas protected by this bylaw. No activities, unless exempt under Section 3 or 4.3, shall begin without receiving and complying with a permit issued under this bylaw. The Commission may accept as the application and plans under this bylaw any application and plans filed under the Wetlands Protection Act and Regulations. 4.3. Minor Activities. Certain minor activities in the Buffer Protection Zone may be exempt from the formal application requirements under this bylaw, providing that the activity complies with all other provisions of this bylaw and the Commission or its Agent approves the exception. Minor activities include, but are not limited to: * vista pruning, * unpaved pedestrian walkways, * repair of stone walls, and * planting of non-invasive native species. The Commission shall establish the scope and procedures for exempt minor activities in its regulations. 4.4. Filing Fee. At the time of a permit application, a RFD, or a Certificate of Compliance, the applicant shall pay a filing fee specified in regulations of the Commission. The fee is in addition to that required by the Wetlands Protection Act and Regulations. The fee shall be deposited in a dedicated account, for use only for administration of this bylaw, from which the Commission may withdraw funds without further appropriation. 4.5. Waiver of Fee. The Commission may waive the filing fee, consultant fee, and costs and expenses for an application or RFD filed by a government agency. 5. Notice and Hearings. 5.1. Notice by Applicant. Any person filing a permit application with the Commission at the same time shall give written notice of the filing by certified mail (return receipt requested) or hand delivered, to all abutters at their mailing addresses shown on the most recent applicable tax list of the assessors, including owners of land directly opposite on any public or private street or way, and abutters to the abutters within 200 feet of the property line of the applicant, including any in another municipality or across a body of water if the distance is less than 200 feet. The notice to abutters shall have enclosed a copy of the permit application or request, with plans, or shall state where copies may be examined and obtained by abutters. An affidavit of the person providing such notice, with a copy of the notice mailed or delivered, shall be filed with the Commission. When a person requesting a determination is other than the owner, the request, the notice of the hearing, and the determination itself shall be sent by the applicant to the owner.
5.2. Public Hearing. The Commission shall commence a public hearing on any permit application or RFD within 21 days from receipt of a completed permit application or RFD unless the applicant authorizes an extension in writing. Written notice (at the applicant’s expense) must appear in a newspaper of general circulation in the Town not less than five days prior to the hearing. The Commission shall issue its permit or determination in writing within 21 days of the close of the public hearing unless the applicant authorizes an extension in writing. The Commission may combine its hearing under this bylaw with the hearing conducted under the Wetlands Protection Act and Regulations. 6. Coordination with Other Boards. The Commission shall provide notice at the time the application is made, to the Board of Selectman, Planning Board, Board of Appeals, Board of Health, Highway Surveyor, Building Inspector and the Historical Commission. The Commission shall not close the hearing until the boards and officials have had 10 days from receipt of notice to file written comments and recommendations with the Commission. The applicant shall have the right to receive any comments and recommendations, and to respond to them at a hearing of the Commission, prior to final action. 7. Permits and Conditions.
7.1. Issuance of Permit. Within 21 days of the close of the hearing, the Commission will determine whether the activities that are subject to the permit application are likely to have a significant individual or cumulative effect upon the Resource Area Values protected by this bylaw and shall issue or deny a permit. If it issues a permit, the Commission shall impose conditions necessary to protect those values, and all activities shall be done in accordance with those conditions. In its review, the Commission shall take into account the cumulative adverse effects of past activities and foreseeable future activities, resulting in the loss, degradation, and/or isolation of protected Resource Areas throughout the community and the watershed. 7.2. Denial of Permit. The Commission is empowered to deny a permit for failure to meet the requirements of this bylaw; for failure to submit necessary information and plans requested by the Commission; for failure to meet the design specifications, performance standards, or other requirements in regulations of the Commission; for failure to avoid or prevent unacceptable adverse effects upon the Resource Area values protected by this bylaw; and where no conditions are adequate to protect those values. 7.3. Practicable Alternatives for Resource Areas and Buffer Protection Zones. In the review of projects within Resource Areas and Buffer Protection Zones under the jurisdiction of the Commission, no permit issued by the Commission shall allow any activities unless the applicant, in addition to meeting the other requirements of this bylaw, has proved by a preponderance of the evidence that: * there is no practicable alternative to the proposed project with less adverse effects and * that such activities, including proposed mitigation measures, will have no net significant adverse impact on the areas or values protected by this bylaw. The Commission shall regard as practicable an alternative which is reasonably available and capable of being done after taking into consideration the proposed property use, pre-existing conditions, overall project purpose, logistics, mitigation, existing technology, costs of the alternatives, and potential hardship. 7.4. Avoidance of Wetlands Loss or Alteration. To prevent wetlands loss, the Commission shall require applicants to avoid wetlands alteration wherever feasible; shall minimize wetlands alteration; and, where alteration is unavoidable, shall require full mitigation. The Commission may authorize or require replication or restoration of wetlands as a form of mitigation with adequate security, professional design, and monitoring to assure success, because of the high likelihood of failure of replication and of restoration. 7.5. Expiration of Permit. A permit shall expire three years from the date of issuance. However, the Commission at its discretion may allow a permit extension due to unavoidable delays or for recurring or continuous maintenance work, provided that annual notification of time and location of work is given to the Commission. Notwithstanding the above, a permit may contain requirements which shall be enforceable for a stated number of years, permanently, or until permanent protection is in place, and shall apply to all owners of the land. 7.6. Revocation of Permit. For reasons of new violations, incomplete information or the discovery of new pertinent information or evidence of adverse impact on a Resource Area, the Commission may revoke or modify a permit or determination issued under this bylaw after notice to the holder, the public, abutters, and town boards, as described in sections 5 and 6, and a public hearing. 7.7. Coordination of Permit with Order of Conditions. The Commission may combine the permit or determination issued under this bylaw with the Order of Conditions or Determination of Applicability issued under the Wetlands Protection Act and Regulations. 7.8. Recording of Permit. No work proposed in any permit application shall be undertaken until the permit has been recorded in the registry of deeds or, if the land affected is registered land, in the registry section of the appropriate land court and the holder of the permit provides the Commission with written certification or proof that the permit has been recorded. 7.9. Reconsideration. An applicant may request reconsideration of an RFD or permit application after a decision of the Commission has been reached, without re-filing, or additional fees, if the applicant submits a written request and the reasons for reconsideration to the Commission within 14 days of the decision. 7.10. Variance. The Commission may waive strict compliance with the Undisturbed Zone and Limited Activity Zone requirements when it finds, after notice and a public hearing that: * there are no reasonable conditions or alternatives that would allow the project to proceed in full compliance with section 2.4; and * that mitigating measures are proposed that will allow the project to be conditioned so as to protect the Resource Area values. 8. Regulations. After public notice and public hearing, the Commission shall make rules and regulations to effect the purposes of this bylaw but not to exceed the scope of this bylaw that will become effective when voted and filed with the town clerk. Failure by the Commission to make such rules and regulations shall not act to suspend or invalidate the effect of this bylaw. At a minimum these regulations shall define key terms in this bylaw not inconsistent with the bylaw and procedures governing the amount and filing of fees. 9. Definitions. 9.1. Defined Terms. The following definitions shall apply in the interpretation and implementation of this bylaw. 9.1.a. Alter. “Alter” shall include the following activities when undertaken to, upon, within or directly affecting the Resource Areas or Buffer Protection Zones protected by this bylaw: i. Removal, excavation, or dredging of soil, sand, gravel, or aggregate materials of any kind; ii. Pumping, piping, channeling, or addition or removal of water that changes pre-existing drainage or flushing characteristics or flow patterns, lowers water levels, or the water table; iii. Discharge or addition of any material that results in changes in salinity distribution, temperature, biochemical oxygen demand, or other physical, biological, or chemical characteristics of any receiving waters, or that may degrade water quality; iv. Driving of piles, erection, demolition or enlargement of buildings, or structures of any kind; v. Placement of fill; vi. Placing of obstructions or objects in water; vii. Destruction of plant life; viii. Any activity that changes patterns of sedimentation or causes pollution to any body of water or groundwater; and/or ix. Any activity that has been shown to have a cumulative adverse impact on the Resource Areas protected by this bylaw. 9.1.b. Bank. “Bank” shall include the land area which normally abuts and confines a water body; the lower boundary being the mean annual low flow level, and the upper boundary being the first observable break in the slope or the mean annual flood level, whichever is higher. 9.1.c. Buffer Protection Zone. The area extending 100 feet from the border or bank of any Resource Area listed in Section 2 under the jurisdiction of the Commission, except the Buffer Protection Zone shall extend 200 feet in the case of a pond, lake, Vernal Pool or intermittent stream that is directly connected by surface flow to a perennial stream or river. Riverfront areas and the Estuary Area do not have a Buffer Protection Zone. 9.1.d. Estuary Area The area, extending 200 feet horizontally from the bank of land extending south from the mouth of the Westport River, as defined in 310 CMR 10.00, to a line drawn due northward of the Westport Light (Knubble) to the opposite shore is to be considered Estuary Area under this bylaw and is protected in the same manner as riverfront area specified in the Rivers Protection Act (MGL Ch. 131 s. 40) and in 310 CMR 10.00. 9.1.e. Isolated Wetland. Isolated wetland is any area where surface or ground water is at or near the surface of the ground and greater than 2,500 square ft. in area, which, under normal conditions, supports a plant community (cover) comprised of 50% or greater of wetland species, or evidence of wetland hydrology or wetland soils sufficient to support the growth of a significant community of wetland vegetation. 9-1.f. Limited Activity Zone. An area within the Buffer Protection Zone in which the amount of disturbance is limited. This area extends 50 feet from the outer edge of the Undisturbed Zone of a Resource Area. The Limited Activity Zone does not apply to Riverfront Area or Estuary Area. 9.1.g. Rare Species. “Rare Species” shall include, without limitation, all vertebrate and invertebrate animal and plant species listed as endangered, threatened, or of special concern by the Massachusetts Division of Fisheries and Wildlife, regardless of whether the site in which they occur has been previously identified by the Division. 9.1.h. Resource Area. A Resource Area is any of the following that are under the jurisdiction of this bylaw: any freshwater or coastal wetlands, whether vegetated or unvegetated; marshes; flats; wet meadows; bogs; swamps; Vernal Pools (as defined in Section 9.1.j); banks; reservoirs; lakes; ponds; rivers; streams; creeks; beaches; dunes; estuaries, lands under water bodies; lands subject to flooding or inundation by groundwater or surface water; lands subject to tidal action, coastal storm flowage, or flooding; Estuary Area (as defined in section 9.1.d) and riverfront areas. 9.1.i. Undisturbed Zone. An area within the Buffer Protection Zone extending 50 feet from the bank of a pond, lake or intermittent stream that is directly connected by surface flow to a perennial stream or river; 50 feet from the border of a Vernal Pool; and 25 feet from the border or bank or any other Resource Area. The Undisturbed Zone does not apply to riverfront and Estuary Areas. 9.1.j. Vernal Pool. “Vernal Pool” is a confined basin depression, which, at least in most years, holds water for a minimum of two continuous months during the spring and/or summer, whether or not it is located within any other Resource Area and which otherwise meets the certification criteria of the Massachusetts Natural Heritage and Endangered Species Program. Vernal pools shall include those mapped and certified by the Massachusetts Natural Heritage and Endangered Species Program as well as those areas identified in the field as eligible for certification by a professional wetland biologist or other expert. 9.2. Consistency with Wetlands Protection Act. Except as otherwise provided in this bylaw the definitions of terms in this bylaw shall be as set forth in the Wetlands Protection Act (M.G.L. Ch. 131 §40) and Regulations (310 CMR 10.00). 10. Enforcement. 10.1. Prohibition. No person shall alter Resource Areas or Buffer Protection Zones protected by this bylaw, or cause, suffer, or allow such activity, or leave in place unauthorized fill, or otherwise fail to restore illegally altered land to its original condition, or fail to comply with a permit, emergency project certification or an enforcement order issued under this bylaw. 10.2. Entry on Property. The Commission, its agents, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this bylaw subject to the constitutions and laws of the United States and the Commonwealth. 10.3. Enforcement Alternatives. The Commission shall have authority to enforce this bylaw, its regulations, and permits by violation notices, enforcement orders, under the Town’s non-criminal disposition section of its general bylaws, pursuant to M.G.L. c. 40, §21D, and civil and criminal court actions. Any police officer or the Conservation Agent shall have authority to enforce this bylaw. Any person who violates provisions of this bylaw may be ordered to restore the property to its original condition and take other action deemed necessary to remedy such violations, or may be fined, or both.
10.4. Fine. Any person who violates any provision of this bylaw, or regulations, permits, or administrative orders issued by the Commission shall be punished by a fine of $150. After an Enforcement Order has been issued by the Commission or by its agent and then ratified by the Commission each day or portion thereof during which a violation continues or unauthorized alteration remains in place, shall constitute a separate offense, and each provision of the bylaw, regulations, permits, or administrative orders violated shall constitute a separate offense. 11. Burden of Proof. The applicant for a permit shall have the burden of proving by a preponderance of the credible evidence that the work proposed in the permit application will not have unacceptable significant or cumulative effect upon the Resource Area values protected by this bylaw. Failure to provide adequate evidence to the Commission supporting this burden shall be sufficient cause for the Commission to deny a permit or grant a permit with conditions. 12. Appeals. A decision of the Commission shall be reviewable in the Superior Court in accordance with M.G.L. Ch. 249 §4. 13. Home Rule Authority. This bylaw is adopted under the Home Rule Amendment of the Massachusetts Constitution and the Home Rule statutes, independent of the Wetlands Protection Act (M.G.L. Ch. 131 §40) and Regulations (310 CMR 10.00) there under. 14. Severability The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof. CONSERVATION COMMISSION MOVED: that we add a comma (,) in section 2.2 after the words "Vernal Pool". VOTED: the provisions of Article 22 were lost.
ARTICLE 23 May 4, 2005
May 5, 2005 The adjourned Annual Town Meeting was called to order at 7:32 p.m.
by Moderator Steven Fors who appointed Ken DeCosta, Gerry Souza and
Tara Fernandes 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. May 10, 2005 |