The Carlisle Mosquito Online

Friday, May 7, 1999

News

Warrant Articles from Town Meeting on May 4 and May 5

Article 1: Town reports To hear and act upon the reports of town officers, boards, committees, commissioners, and trustees.

The motion to approve carried.

Article 2: Town counsel To see if the town will authorize the selectmen to employ counsel for legal advice and to represent the town in any litigation brought by or against it.

The motion to approve carried.

Article 3: Salaries To see if the town will vote to fix the salaries of the elected officers of the town as provided by Chapter 41, Section 108 of the Massachusetts General Laws, as amended, for the fiscal year 2000, effective from July 1, 1999.

The motion to approve carried.

Article 4: Operating budget To see if the town will raise and appropriate $11,489,453 to fund the various departments, boards, commissions and operating expenses of the town for the fiscal year beginning July 1, 1999.

The motion to amend the sum to $13,377,241, to include long-term debt service, carried.

The amended motion carried.

The motion to approve an additional $171,727 (level 1 override) carried;to take effect, Question 1a, b or c must be approved at the election.

The motion to approve an additional $66,522 (level 2 override) carried; to take effect, Question 1a or b must be approved at the election.

The motion to approve an additional $78,500 (level 3 override) was amended to include only $25,000 for the recreation director (eliminating additional education funding). The motion to amend carried. The amended motion carried; to take effect, Question 1a must be approved at the election. The motion to amend to add $53,500 for education failed.

Article 5: Capital equipment To see if the town will raise and appropriate $59,200 for various capital purposes.

The motion to approve carried.

To see if the town will raise and appropriate $32,500 for school facility and repair and police department air conditioning.

The motion to approve carried; to take effect, Question 1a or b must pass at the election.

To see if the town will raise and appropriate $18,000 for a DPW compactor.

The motion to approve failed; to take effect, Question 1a must pass at the election.

Article 6: Revolving funds To see if the town will vote to authorize revolving funds for the board of health inspections, hazardous wastes, trails committee, conservation fund and youth commission under Massachusetts General Laws Chapter 44, Section 53E for the fiscal year beginning on July 1999.

The motion to approve carried.

Article 7: CCHS regional agreement To see if the town will vote to reallocate its required share of the Concord-Carlisle Regional School District budget in accordance with the regional agreement as permitted by Section 16B of Chapter 71 of the General Laws.

The motion to approve carried.

Article 8: Town audit To see if the town will vote to raise and appropriate $15,450 to be expended by the selectmen for professional auditing services.

The motion to approve carried.

Article 9: Affordable housing To see if the town will vote to raise and appropriate the sum of $30,000 to be expended by the selectmen after consultation with the Carlisle Housing Authority, for the purpose of planning and design, including costs of design service consultants to prepare studies, final architectural and engineering plans, bid specifications, contract documents, and cost estimates for buildings for up to twelve units of affordable housing on the town-owned "Conant Land" and for the planning of other related uses of the "Conant Land."

A motion to amend to"including, but not limited to the Conant Land" was declined by the moderator as outside the scope of the article.

The motion to approve carried.

Article 10: DPW clean-up To see if the town will vote to raise and appropriate $13, 613 to be spent by the selectmen for the purpose of continuing the state-mandated clean-up efforts at the department of public works site on Lowell Street.

The motion to approve carried; to take effect, Question 1a, b or c must pass at the election.

Article 11: Chapter 90 To see if the town will vote to borrow $183,173 to be expended by the selectmen for reconstruction and improvements of public ways as provided for under the provisions of Section 43(2)(a) of Chapter 90 of the Massachusetts General Laws.

The motion to approve carried with the necessary two-thirds majority (214-0).

Article 12: Pumper truck To see if the town will vote to borrow the sum of $304,000 for the purpose of purchasing and equipping a new pumper truck for the Carlisle Fire Department, providing the debt exclusion, Question 3, passes at the election.

The motion to approve carried with the necessary two-thirds majority (258-1); to take effect, Question 3 must pass at the election.

Article 13: Wilkins and Robbins Buildings repairs To see if the town will vote to borrow the sum of $153,700 for the school committee to expend for the repair of the Robbins and Wilkins Buildings, including the replacement of two rooftop heating ventilation units on the Robbins Building and two related Air Quality (IAQ) items; for the purchase and installation of screens for the Wilkins and Robbins Buildings and replacement of window hardware for the Robbins Building loft, providing the debt exclusion, Question 5, passes at the election.

The motion to approve carried with the necessary two-thirds majority ((280-6); to take effect, Question 5 must pass at the election.

Article 14: Wang-Coombs acquisition To see if the town will authorize the selectmen, on behalf of the town, to acquire by purchase, gift or eminent domain for conservation purposes, as provided by Chapter 40, Section 8C, and other applicable laws of the Massachusetts General Laws, and/or for agricultural use to be managed by the conservation commission of Carlisle, the land commonly known as the Wang-Coombs land, being Parcel 2 and portions of Parcel 8, Assessor's Map 28, Town of Carlisle, 35 acres more or less.

The motion to approve carried with the necessary two-thirds majority vote (331-27).

Article 15: Wang-Coombs appropriation To see if the town will vote to borrow $2,150,000 under the provisions of Chapter 44, Section 7 of the General Laws, or any other applicable law, for the selectmen to expend for acquisition of the land described in Article 14 of this Town Meeting and to authorize the Carlisle Conservation Commission, with the approval of the selectmen, to make an application to the Commonwealth of Massachusetts under the provisions of Chapter 132A, Section 11A ("Agricultural Preservation Restriction" Program) for partial reimbursement, and/or to enter into an agreement with the Commonwealth of Massachusetts and/or to help others share the cost of the purchase, through grants or other public or private funding available to the town for conservation purchases, and to enter into any agreement that is deemed advantageous or necessary to effect this acquisition.

The motion to approve carried with the necessary two-thirds majority vote (329-5); to take effect, Question 4 must pass at the election.

Article 16: Town computers To see if the town will vote to raise and appropriate $30,000 to be expended by the selectmen for the purpose of purchasing a replacement, or upgrade, of the municipal accounting system, assessing system, and for components of a local area network; said purchases shall include hardware, software, operating systems, conversion of existing data or creation of new data, installation, training and other related costs.

The motion to approve carried.

And to raise and appropriate an additional $5,000 for the same purpose.

The motion to approve carried; to take effect, Questions 1a, b, or c must pass at the election.

And to raise and appropriate an additional $5,000 for the same purpose.

The motion to approve carried; to take effect, Questions 1a or b must pass at the election.

Article 17: Transfer for computers To see if the town will vote to transfer the sum of $10,000 from an appropriation made at the 1998 Annual Town Meeting, under Article 6, capital plan, Town Hall office software and computers, for the selectmen to expend for the purpose of purchasing computer hardware, software, installation and training.

The motion to approve carried.

Article 18: O'Rourke water study To see if the town will vote to raise and appropriate $30,000 to be expended by the selectmen for expenses including but not limited to specific engineering and consulting services associated with evaluating the potential for a municipal water supply on the O'Rourke parcel and to accept an easement for a well that would be permitted and constructed at some future date.

The motion to approve carried; to take effect, Questions 1a or b must pass at the election.

Article 19: Wage and classification study To see if the town will vote to raise and appropriate $15,000 to be spent by the selectmen for the purpose of conducting a wage and classification study for town of Carlisle non-union employees, including the creation of ADA-compliant job descriptions and a rating manual.

The motion to approve carried; to take effect, Question 1a or b must pass at the election.

Article 20: Toddler playground To see if the town will vote to raise and appropriate $10,000 to be expended by the selectmen for the construction and equipping of a toddler playground on land owned by the town on Church Street (Diment Park).

The motion to approve carried; to take effect, Question 1a must pass at the election.

Article 21: Conservation Fund To see if the town will vote to raise and appropriate $100,000 to be deposited in the Conservation Fund of the town pursuant to Section 8C of Chapter 40 of the General Laws for the acquisition of real estate, water rights, and other related interests in connection therewith.

A motion to amend the sum to $50,000 failed.

The motion to approve carried; to take effect, Question 2 must pass at the election.

Special Town Meeting

Article 1: School septic system repair To see if the town will vote to appropriate an additional sum of money for completion of the repair of the septic system at the Carlisle Public School as indicated by the Title 5 inspection required as part of the Link expansion project, to the specifications required by the board of health and the Massachusetts Department of Environmental Protection; and that to meet this appropriation the treasurer, with the approval of the selectmen, be authorized to borrow a sum of money under Massachusetts General Laws, Chapter 44, Section 7 of Chapter 645 of the acts of 1948 as amended, and that the school building committee be authorized to take any other action necessary to carry out this project.

This article was not moved.

Article 22: Open Space Neighborhoods To see if the town will vote to amend the zoning bylaws by adding section 5.8. The Open Space Neighborhood, as set forth in the Warrant, is authorized by the Zoning Act, M.G.L. Chapter 40A, Section 9, to promote the preservation of Open Space by employing the concept of "cluster development."

Article 23: Bylaw changes for physicians To see if the town will vote to amend the zoning bylaws, as follows:

Eliminate "physician, dentist" from Article 3.2.1.11.5.5. Add a new zoning bylaw article to 3.2.2 Uses Permissible on Special Permit (in a residence district). (Outlined in the Warrant)

Article 24: Guest houses To see if the town will vote to amend the zoning bylaws as follows:

Eliminate the words in brackets {}.

3.2 General Residence District Uses

3.2.1. Permitted Uses

3.2.1.11 Accessory use....

3.2.1.11.1 {

{

Renumber succeeding paragraphs accordingly.

Article 25: Limiting home expansions To see if the town will vote to amend the zoning bylaws, as follows:

Modify Section 6.3 to explicitly state that the "50 percent limitation" applies to all expansions of non-conforming structures and non-conforming uses. Clarify ambiguity of interpretation of "floor area" by replacing it with "building footprint." Correct spelling of "neighborhood."

Article 26: Not limiting home expansions To see if the town will vote to amend the zoning bylaws of the town of Carlisle, as follows:

Modify Section 6.3 to explicitly state that the "50 percent limitation" applies to all expansions of non-conforming structures and non-conforming uses, except expansion to single-family homes. Clarify ambiguity of interpretation of "floor area" by replacing with "building footprint." Correct spelling of "neighborhood".

Article 27: Bank bylaw To see if the town will vote to amend the zoning bylaws, as follows:

Bank authorized by special permit in Residence A District.

Add the following paragraphs:

3.2.5 Uses permissible on Special Permit

In General Residence District A, the board of appeals may, subject to the provisions of Section 7.2 authorize by special permit the additional uses specified in this subsection for a time period not to exceed five years from date of issuance. This time limit does not restrict applicant from applying for an extension or a new permit upon or prior to expiration of original or renewed permits. The following additional uses are allowed by special permit:

3.2.5.1.Bank or monetary institution, provided that in each case:

3.2.5.1.1 adequate evidence is submitted that there will be no significant impact with respect to traffic, noise, air quality or exterior lighting caused by the use;

3.2.5.1.2 exterior appearance of building is congruent with neighborhood;

3.2.5.1.3 there is no outside display of goods, products, storage of materials or equipment;

3.2.5.1.4 provision has been made for off-street parking for occupants, visitors and employees and parking is adequately screened from the street and surrounding neighborhood.

Article 28: Administering bank bylaw To see if the town will vote to amend the zoning bylaws by amending Section 7.6.1.as follows:

For the purpose of administering the provisions of the bylaw relating to non-residential uses

And by adding a new Section 7.6.1.5. as follows:

7.6.1.5 Establishment or alteration of a business use by special permit in General Residence District A and in General Residence District B.

Article 29: Nursery school/day care To see if the town will vote to amend Section 3, District Use Regulations, subsection 3.2.2 Uses Permissible on Special Permit, of the zoning bylaws by removing section: 3.2.2.3 Nursery school or other agency for the day care of children. And by renumbering all of the sections following the removal of 3.2.2.3.; and by inserting the words, "daycare center as defined in Chapter 28A, Section 9," in Section 3.2.1 of the zoning bylaws as a permitted use as a new Section 3.2.1.4. And renumbering all of the sections following 3.2.1.4.

Article 30: Greenough lease To see if the town will vote to authorize the conservation commission to lease all or a portion of the land owned by the town, commonly known as the Greenough Property, described in a deed recorded with the Middlesex North Registry of Deeds at Book 2086, Page 64, for in-kind services, for a period of five years with a possibility of a five year extension, upon such terms and conditions as the conservation commission shall determine to be appropriate; and further, to see if the town will vote to authorize a home rule petition to the Massachusetts General Court to request enactment of a special act authorizing the lease of said land and buildings described above.

Article 31: Tall Pines gift To see if the town will vote to acquire by purchase, gift or eminent domain Lot 10 in the Tall Pines Subdivision.

Article 32: Ice Pond acceptance To see if the town will vote to accept as a public way, a way known as Ice Pond Road, as shown on a plan entitled: "Ice Pond Road, Carlisle, MA", prepared by: Westcott Site Service, dated February 22,1989, and to further vote to authorize the selectmen to acquire by purchase, gift or eminent domain, such property rights as may be deemed necessary in connection with the acceptance of such way, including but not limited to drainage easements, and further vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to carry out the foregoing.

Article 33: Senior housing bylaw To see what action the town will take in connection with regard to the following petition:

Senior Residence Open Space Community Sec. 5.7 of the Zoning By-Law (SROSC)

We, the below signed, are requesting the selectmen change the current requirements of the above referred to zoning bylaw as follows:(Section 5.7.4.13) The maximum area of the individual unit is changed from 1,400 square feet to 2,400 square feet. ....The minimum age of the owner/occupant is changed from age 62 to age 55. ....We hope the Selectmen will favorably consider our petition and place the necessary Warrant (s) for this year's Town Meeting in the spring. (Petition by Inga L. MacRae and others)

Article 34: Police benefits To determine whether the town will vote to accept the provisions of Chapter 41, Section 108L, of the Massachusetts General Laws, which establishes a police career incentive pay program. (Petition by Robert Fidler and others)

Article 35: Cell tower moratorium To determine whether the town will vote to amend the zoning bylaws to add a subparagraph 5.9.1.1. to Section 5.9 - Commercial Wireless Communication Facilities.

"5.9. 1.1. Moratorium on wireless communications facilities. A moratorium on the granting of permits for wireless communications facilities by the zoning board of appeals shall apply for a period of six months from the date of approval of this bylaw amendment. The moratorium will allow time for townspeople to perform a comprehensive study of the technical proposals submitted to the town by wireless communications companies and to participate in a two-way dialogue with the zoning board of appeals and such other town boards and advisory committees as will review and evaluate the proposals. The dialogue will afford abutters and non-abutters alike the opportunity to assess the anticipated multi-faceted impact of wireless communications facilities on their town, their properties, and their families." (Petition by Paul B. Gill and others)

Article 36: Lease of town land for cell towers To see if the town will vote to authorize the selectmen to enter into an agreement for the lease of town land, or lands, herein identified as Foss Farm on Bedford Road (Map 11, Lot 5), Banta-Davis on Bedford Road (Map 14, Lot 23), Conant Land on Westford Street (Map 21, Lot 1) and/or DPW Yard (Map 20, Lot 1) on Morse Road, to a wireless communications carrier, or carriers, in conformance with MGL Chapter 30B, for the purpose of installing a wireless communication tower, ancillary buildings and equipment for a period of up to 20 years.


1999 The Carlisle Mosquito