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Rochester Annual Town Meeting

TOWN OF ROCHESTER - ANNUAL TOWN MEETING WARRANT

COMMONWEALTH OF MASSACHUSETTS

MAY 18, 2009

ARTICLE 1: ANNUAL REPORT OF TOWN OFFICERS AND COMMITTEES
APPROVED

To see if the Town will accept the annual report of all town officers and committees,

or take any other action thereon.

ARTICLE 2: ELECTED OFFICIALS SALARIES
APPROVED

To see if the Town will vote to fix the salaries of the elected officials of the Town for the Fiscal Year 2010 as follows:

or take any other action thereon.

Board of Selectmen recommends.

Finance Committee recommends.

PreviousRequestedRecommended
FY 2009FY 2010FY 2010
Moderator - Annual Town Mtg.100.00100.00100.00
Special Town Mtg.50.0050.0050.00
Board of Selectmen, (3) each member3,996.004,076.004,076.00
Board of Assessors, (3) each member 8,740.008,915.008,915.00
Board of Assessors Assessment Admin 23.18 per hr. 23.6423.64 per hr.
Tax Collector20,189.0020,59320,593
Town Clerk20,189.0020,59320,593
Tree Warden623.00635.00 635.00
Constables (2)8.53 per hr.8.70 per hr.8.70 per hr.
Highway Surveyor64577.0065,869.0065,869.00
Board of Health, Chairman1,874.001,912.001,912.00
Board of Health, (2) each member1,563.001,594.001,594.00
Herring Inspector395.00403.00403.00

ARTICLE 3: PERSONNEL BY-LAW AMENDMENT - CLASSIFICATION AND COMPENSATION PLAN
APPROVED

To see if the Town will vote to amend Part IV, Classification and Compensation Plan or take any other action thereon.

(See Table)

Board of Selectmen recommends.

Finance Committee makes no recommendation.

ARTICLE 4: TOWN OF ROCHESTER FY 2010 OPERATING BUDGET
APPROVED with Amendment

To see if the Town will vote to raise and appropriate and/or transfer from available funds ------a sum of money to defray Town charges and expenses for the Fiscal Year ending June 30, 2010, or take any other action thereon.

(See Table)

Board of Selectmen recommends.

Finance Committee makes no recommendation.

ARTICLE 5: NATURAL RESOURCE EXPENSES
APPROVED

TO SEE IF THE Town will vote to raise and appropriate and/or transfer from available funds a sufficient sum of money to fund the following recurring Environmental and Natural Resources Expenses or take any other action thereon.

FUND 2010 NATURAL RESOURCE EXPENSES
NO.DEPARTMENTITEM/PROJECT
5-1 SelectmenPlanting of Shellfish (Marion)$300
5-2 SelectmenSilvershell Beach (Marion)$300
5-3 SelectmenTri-Town River Commission$300
TOTAL ASSESSMENT $900

Board of Selectmen recommends.

Finance Committee recommends.

ARTICLE 6: HUMAN SERVICES
APPROVED

To see if the Town will vote to raise and appropriate and/or transfer from available funds a sufficient sum of money for the purposes of funding the following Human Services for the Fiscal Year 2010 or take any other action thereon.

NO. DEPARTMENT ITEM/PROJECT

6-1 Selectmen New Bedford Women's Shelter $2,000.00

TOTAL $2,000.00

Board of Selectmen recommends.

Finance Committee recommends.

ARTICLE 7: DEPARTMENTAL REVOLVING FUNDS AUTHORIZATION
APPROVED

To see if the Town will vote to authorize revolving funds for certain town departments under Massachusetts General Laws Chapter 44 Section 53E 1/2 for the Fiscal Year Fiscal Year 2010 or take any other action thereon.

Board of Selectmen recommends.

Finance Committee recommends.

(See Table)

ARTICLE 8: PERSONAL PROPERTY TAX EXEMPTION FOR FARM ANIMALS AND EQUIPMENT
WITHDRAWN

To see if the Town will vote to accept the provisions of Section 2 of Chapter 310 of the Acts of 2008, and allow an exemption from personal property tax for farm animals and farm equipment used exclusively for agricultural production, or to take any other action relative thereto.

Vote Required: 2/3

Board of Selectmen recommends.

Finance Committee makes no recommendation.

ARTICLE 9: TAX INTEREST AND PAYMENT
APPROVED

To see if the Town will vote to accept the provisions of G.L. c. 59, Section 57B, regarding the accrual of interest and payment of tax bills not in excess of fifty dollars ($50.00), or to take any other action relative thereto.

Board of Selectmen recommends.

Finance Committee makes no recommendation.

ARTICLE 10: TAX DEMAND CHARGES
APPROVED

To see if the Town will vote to allow the Tax Collector to increase the demand fees associated with the collection of delinquent taxes from five dollars ($5.00) to ten dollars ($10.00) as authorized under G.L. c. 60, S 15, or to take any other action relative thereto.

Board of Selectmen recommends.

Finance Committee makes no recommendation.

ARTICLE 11: ACCEPTANCE OF G.L. CHAPTER 32B, SECTION 18
APPROVED

To determine whether the Town will vote to accept the provisions of MGL Chapter 32B, Section 18, so as to require that all retirees, their spouses and dependents who are enrolled in Medicare Part A at no cost to a retiree, their spouse or dependents, or eligible for coverage thereunder at no cost to a retiree, their spouse or dependents, be required to enroll in a Medicare health benefits supplement plan offered by the Town, pass any vote or take any action relative thereto.

This Article proposes that Town Meeting vote to accept a provision of state law that would require retirees who are eligible for Medicare coverage to enroll for the same. Some retirees have elected in the past to not enroll in Medicare despite their eligibility causing the Town to incur unnecessary increased expense for health insurance coverage for these retirees.

Board of Selectmen makes no recommendation.

Finance Committee makes no recommendation.

ARTICLE 12: PURCHASE OF FIRE TRUCK
APPROVED

To see if the Town will vote to raise and appropriate by taxation, by transfer from available funds, by borrowing or any combination thereof, the sum of $178,700.00 more or less, for the costs of purchasing and equipping a new fire truck and any related equipment, and also including all costs incidental and related thereto; and to see whether to meet said appropriation the Treasurer, with the approval of the Selectmen, shall be authorized to borrow the full amount of such appropriation under General Laws Chapter 44 or any other general or special law, and to issue bonds or notes of the Town in connection therewith; provided further that the Fire Chief and the Board of Selectmen shall be authorized to apply for and complete such paperwork as may be necessary for any state, federal or private grant or funding to assist with the remainder of the approximately $440,000.00 purchase price of the truck, or to take any other action relative thereto.

Vote required: 2/3

Board of Selectmen recommends.

Finance Committee recommends.

ARTICLE 13: CHAPTER 90 FUNDS APPROPRIATION
APPROVED

To see if the Town will vote to appropriate the sum of $230,218 from the proceeds due to the Town under the provisions of Massachusetts General Laws Chapter 90; for the purposes of repair, construction, maintenance and preservation of the Town roads and bridges and other related costs which qualify under the State Aid Highway Guidelines adopted by the

Massachusetts Highway Authority;

Board of Selectmen recommends.

Finance Committee recommends.

ARTICLE 14: BOARD OF SELECTMEN'S MEMBERSHIP
NOT APPROVED

To see if the Town will vote to increase the membership of it's Board of Selectmen from three to five members, and to petition the Legislature for a Special Act to allow the town of Rochester to increase the membership of it's Board of Selectmen from three to five members, or take any other action thereon.

Submitted by petition.

ARTICLE 15: ACCEPTANCE OF BRYANT LANE
APPROVED

To see if the Town will vote to accept as a public way a way known as Bryant Lane, as heretofore laid out by the Board of Selectmen and shown on a plan entitled "Layout of Bryant Lane and Cromwell Lane, "Country Meadows" Rochester, MA" dated September 23, 2005 with a last revision on October 2, 2006, and prepared by GAF Engineering, Inc., a copy of which is on file with the Town Clerk; and further to authorize the Board of Selectmen to acquire, on behalf of the Town, by purchase, gift or eminent domain, any public way and other easements necessary to use said road for all purposes for which public ways are used in the Town of Rochester; or to take any other action relative thereto.

Vote required: 2/3

Board of Selectmen recommends.

Finance Committee makes no recommendation.

ARTICLE 16: ACCEPTANCE OF CROMWELL LANE
APPROVED

To see if the Town will vote to accept as a public way a way known as Cromwell Lane, as heretofore laid out by the Board of Selectmen and shown on a plan entitled "Layout of Bryant Lane and Cromwell Lane, "Country Meadows" Rochester, MA" dated September 23, 2005 with a last revision on October 2, 2006, and prepared by GAF Engineering, Inc., a copy of which is on file with the Town Clerk; and further to authorize the Board of Selectmen to acquire, on behalf of the Town, by purchase, gift or eminent domain, any public way and other easements necessary to use said road for all purposes for which public ways are used in the Town of Rochester; or to take any other action relative thereto.

Vote required: 2/3

Board of Selectmen recommends.

Finance Committee makes no recommendation.

ARTICLE 17: AMENDMENT TO BY-LAWS, RULES AND REGULATIONS
APPROVED

PERTAINING TO DOGS

To see if the Town will vote to amend the By-Laws, Rules and Regulations Pertaining to Dogs as follows:

Section 2

Paragraph One (1):

DELETE: "three (3) months"

INSERT: "six (6) months")

Section 3

Paragraph One (1):

DELETE: ENTIRE PARAGRAPH

INSERT:

"Any owner or keeper of four (4) or more dogs, six (6) months of age or over, shall obtain a kennel license upon written application and approval by the special permit granting authority pursuant to Section VIII(D)(6) of the Rochester Zoning By-laws or Section VIII(D)(8) in the case of a Commercial Kennel, this requirement shall not apply to kennels holding a license issued by the Town of Rochester for the license period ending December 31, 2009. It shall apply should the kennel for any reason cease to operate and obtain a license for any two consecutive license periods. A copy of the written decision of the special permit granting authority shall be presented with any application for a kennel license. Kennels are defined and classified in Section 1 of these rules and regulations."

Paragraph Two (2):

DELETE: ENTIRE PARAGRAPH

INSERT:

"The kennel license shall by on a form prescribed by the Town of Rochester and shall specify the name of the owner, the name of the kennel, the name of the keeper, the location of such kennel, the type of kennel licensed, and the maximum number of dogs permitted under the license. The Town Clerk shall include a copy of these rules and regulations with every kennel license issued."

Section 4

INSERT:

Prior to current paragraph One (1),

"Each dog officer shall examine any premises to be used as a proposed kennel and must submit a written report to the special permit granting authority stating his opinion as to whether or not such a site would be suitable for the type of kennel license requested. Upon the issuance of a kennel license, each dog officer shall, at least twice a year, inspect every premises holding a kennel license and shall issue a written report of the conditions of said kennel to the Selectmen and the Board of Health stating his opinion as to the maintenance, humane and sanitary conditions of the premises and as to whether proper records are kept by the owner and/or keeper of said kennel."

Section 6

INSERT:

At the end of paragraph One (1):

"No dog shall be licensed in the Town of Rochester unless the owner of said dog has provided the Town Clerk with either a veterinarian's certification that such dog has been vaccinated, a notarized letter from a veterinarian that a certification was issued or a metal rabies tag bearing an expiration date indicating that such certification is still in effect. Any holder of a kennel license shall provide such documentation for all dogs in said kennel over the age of six (6) months."

Section 9

Paragraphs Two (2) and Seven (7):

DELETE: ENTIRE PARAGRAPHS

or to take any other action relative thereto.

Board of Selectmen recommends (2 - 1)

Finance Committee makes no recommendation.

ARTICLE 18: BY-LAW AMENDMENT, SECTION IV
APPROVED

To see if the town will vote to amend Zoning By-Law Section IV as follows:

Replace the matrix of parameters entirely with the following:

Min. LotMin. Lot Min. FrontMax. Struct.
Area inFrontageSide, RearCover % Minimum Buildable
Sq. Ft.In FeetYards in FeetLot Area Area in square feet
43,560150 407020,000

For section B, add at the end of the sentence after the word "feet" the following: "with no screening requirements".

For section C.2, delete the first sentence and substitute the word "may" for the word "shall" in the second sentence and delete entirely the last part of the last sentence after "road pavement".

For section C.4. delete in entirety and substitute the following

4. Perimeter Vegetative Boundary

Except for lots abutting lots of residential use, a minimum 10 foot perimeter vegetative boundary shall be provided with berms, curbs or other barrier at the inside edge to inhibit vehicular access. This boundary strip shall be landscaped with groundcover, grass, shrubs or evergreen screening.

For lots abutting lots of residential use, perimeter vegetative boundaries shall be 20 feet and provided with berms, curbs or other barriers at the inside edge to inhibit vehicular access. Screening shall be four-season evergreen plantings plus a wall or fence to a height not less than 6 feet.

For section D.1, delete the initial portion of the first sentence which reads: "Any manufacturing or industrial use" and substitute "Manufacturing, industrial or commercial uses," and add at the end of this sentence after "adjoining district" the following: ",and providing the use is not specified as requiring a Special Permit."

Insert a new section D.2 and renumber the subsequent sections sequentially beginning with #3. The new section D.2 will read:

2. Permitted uses #1 through #11 of Section V: General Commercial District

Delete section E.2 and substitute "Any place of business such as repair shop, gas station or buildings for public utilities".

Insert a new section E.3 and renumber the subsequent section sequentially beginning with #4. The new section E.3 shall read:

3. Uses #1 and #2 permitted by Special Permit for Section V: General Commercial District

With limited Industrial District acreage in Rochester, the Planning Board feels that reducing lot size, diminishing frontage requirements and lowering the minimum buildable area in square feet, combined with allowing commercial as well as industrial uses, this may add to Rochester's non-residential tax base. New provisions for buffer screening between lots and abutting lots of residential use has been added.

Board of Selectmen recommends.

Finance Committee makes no recommendation.

ARTICLE 19: BY-LAW AMENDMENT, SECTION V
APPROVED

To see if the town will vote to amend Zoning By-Law Section V as follows:

Replace the matrix of parameters entirely with the following:

Min. LotMin. LotMin. Front,Max. Impervious Max Floor Minimum
Area inFrontageSide, Rear Surface, %Area RatioBuildable
Sq. Ft.In Ft.Yards in Ft.Lot AreaPercentArea in square feet
43.56015030 front 70 % 70%20,000
40 side
40 back

For section C, number the existing sentence #1.

Insert a new section C.2. as follows:

2. Perimeter Vegetative Boundary

Except for lots abutting lots of residential use, a minimum 10 foot perimeter vegetative boundary shall be provided with berms, curbs or other barrier at the inside edge to inhibit vehicular access. This boundary strip shall be landscaped with groundcover, grass, shrubs or evergreen screening.

For lots abutting lots of residential use, perimeter vegetative boundaries shall be 20 feet and provided with berms, curbs or other barriers at the inside edge to inhibit vehicular access. Screening shall be four-season evergreen plantings plus a wall or fence to a height not less than 6 feet.

Insert a new section C.3. and C.4 as follows:

3. All service, loading and unloading shall be designed to be segregated from customer and employee parking.

4. No parking within the minimum front setback.

In section D.2, add "or services" at the end of the sentence.

For section E.2, delete at the end of sentence the words "convalescent home, motel or hotel, etc." and insert the word "or" just prior to the word "sanitarium".

The Planning Board has recommended expansion of side and back setbacks and added new provisions for buffer screening between lots and abutting lots of residential use. Proposed limitations for Maximum Impervious Surface Area and Maximum Floor Area % will replace Maximum Structure Coverage % and Building Height constraints, the latter being fully covered by the building codes.

Board of Selectmen makes no recommendation.

Finance Committee makes no recommendation.

ARTICLE 20: BY-LAW AMENDMENT, SECTION VI
APPROVED with Amendment

To see if the town will vote to amend Zoning By-Law Section VI as follows:

Replace the matrix of parameters entirely with the following:

Min. LotMin. LotMin. Front Max.ImperviousMax Floor.
AreaFrontageSide, and RearSurface, % Area RatioMaxMin Buildable
Sq. Ft.In Ft.Yards in Ft.Lot AreaPercent Height Area in square feet
30,00010030 front7070 3515,000
40 side
40 back

Insert a new section C.2. as follows:

2. Perimeter Vegetative Boundary

Except for lots abutting lots of residential use, a minimum 10 foot perimeter vegetative boundary shall be provided with berms, curbs or other barrier at the inside edge to inhibit vehicular access. This boundary strip shall be landscaped with groundcover, grass, shrubs or evergreen screening.

For lots abutting lots of residential use, perimeter vegetative boundaries shall be 20 feet and provided with berms, curbs or other barriers at the inside edge to inhibit vehicular access. Screening shall be four-season evergreen plantings plus a wall or fence to a height not less than 6 feet.

Insert a new section C.3. and C.4 as follows:

5. All service, loading and unloading shall be designed to be segregated from customer and employee parking.

No parking within the minimum front setback.

To encourage more limited commercial activity, the Planning Board has recommended reduction in lot size, front setback and Minimum Buildable Square footage while adding new provisions for buffer screening between lots and abutting lots of residential use.

Board of Selectmen makes no recommendation.

Finance Committee makes no recommendation.

ARTICLE 21: DEFINITIONS
APPROVED

To see if the town will vote to amend Zoning By-Law by inserting the following new definitions into Section III as follows:

Maximum Floor Area Ratio Percent: The ratio of Floor Area as defined herein to total area of the lot, stated as a percentage.

Maximum Impervious Surface: The area covered with buildings, paving of any kind and all ground covering material impervious to water.

These definitions will be required should proposed articles for changes to the General Commercial and Limited Commercial Districts be accepted by Town Meeting.

Board of Selectmen makes no recommendation.

Finance Committee makes no recommendation.

ARTICLE 22: BY-LAW AMENDMENT, SECTION VIII
APPROVED

To see if the town will vote to amend Zoning By-Law Section VIII. B.1 by deleting the last sentence and replacing it with the following:

At no point between the required frontage and the aforementioned rectangle shall the lot width be less than 50 feet.

This is a rewording of a limitation, which has been in-place for many years to enhance clarity.

Board of Selectmen makes no recommendation.

Finance Committee makes no recommendation.