Mike Sullivan circulated the following draft of the annual town meeting (ATM) warrant articles today, noting that the warrant articles are still a work in process, but that we are well ahead of where we usually are.
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2018 ANNUAL TOWN MEETING
INDEX OF ARTICLES
Article 1. Annual Town Election. Held on March 30, 2018
Article 2. Reports of Town Officers
Article 3. Accept Perpetual Care Funds
Article 4. Vote Revolving Funds Expenditure Limits
Article 5. Appropriate funds for prior year unpaid legal bill
Article 6. Appropriate and transfer funds for prior year unpaid sewer department bill
Article 7. Appropriate funds for prior year unpaid Sealer of Weights & Measures bill
Article 8. Appropriate funds for prior year unpaid Police Department bills
Article 9. Fix salaries and compensation of elected officers
Article 10. Amend PERSONNEL ADMINISTRATION PLAN and CLASSIFICATION OF POSITIONS AND PAY
SCHEDULE
Article 11. Operating Budgets
Article 12. Capital Budgets
Article 13. Appropriate funds for Town-wide Master Plan
Article 14. Appropriate funds for Owners’ Project Manager and Architect for Park & Recreation
Facility
Article 15. Appropriate funds for Owners’ Project Manager and Architect for addition to THE CENTER
AT MEDFIELD – Council on Aging
Article 16. Appropriate funds and authorize borrowing for Dale St. School feasibility study
Article 17. Appropriate funds for advanced life support services (ALS)
Article 18. Appropriate funds for advice on former state hospital redevelopment & environmental
Remediation
Article 19. Appropriate matching funds for study of incorporating cultural uses into former state
hospital redevelopment
Article 20. Study how to develop moderate income senior housing in the Town
Article 21. Amend Zoning Bylaw to create overlay district for senior housing
Article 22. Authorize Board of Selectmen to dispose of Harding St. land for affordable/elderly housing
Article 23. Petition to transfer Town-land on Harding St & Ice House Rd. from State Hospital Planning
Committee to Senior Housing Study Committee and Council on Aging for affordable
housing
Article 24. Petition to authorize Board of Selectmen to enter ground lease with private developer for
development of affordable senior housing with local preference on Town-owned land off
Ice House Rd
Article 25. Petition to authorize Board of Selectmen to enter into a lease to develop a Local Initiative
Project (LIP) for moderate income senior housing with local preference & Town retaining
ownership of land, subject to approval of the Senior Housing Study Committee and the
Council on Aging
Article 26. Petition to instruct Hospital Planning Committee to incorporate more affordable
ownership/rental senior housing into redevelopment plan.
Article 27. Appropriate funds raised from local meals tax to improve the economic vitality of the
Town
Article 28. Appropriate funds for liability insurance policy and authorize Selectmen to enter into a
lease with the MBTA/MA DOT for a multi-purpose recreational trail on abandoned rail line
Article 29. Appropriate funds and authorize Selectmen to apply for grants/loans for provide for traffic
safety improvements at the intersection of North Meadows Rd. (Route 27) and West St.
Article 30. Appropriate funds for Town’s share of pre-disaster mitigation plan update
Article 31. Amend Bylaws, Ch. 170 Licenses and Permits, Section 170.1
Article 32. Authorize selectmen to accept sidewalk easement at South & Metacomet Sts.
Article 33. Authorize Selectmen to enter into agreement to relocate and reconfigure a Town-owned
water easement on private land off Harding Street.
Article 34. Transfer Sewer-betterments-paid-in-advance to Sewer Stabilization Fund
Article 35. Transfer balance of ambulance purchase loan from Ambulance Revolving Fund to General
Fund Stabilization Fund.
Article 36. Appropriate fund to Other Post-employment Benefits Trust (OPEB)
Article 37. Appropriate funds from Water Enterprise Fund for iron/Manganese removal from water
Supply
Article 38. Appropriate funds and authorize borrowing to paint and repair Mt. Nebo water tower
Article 39. Vote to reaffirm vote to prohibit not medically prescribe marijuana sales or establishments
Article 40. Amend Bylaws to define the composition and duties of the Permanent Planning and
Building Committee
Article 41. Amend Bylaws, Chapter 100 Animals, Article II Dog Control
Article 42. Amend Town Bylaws to authorize Water & Sewerage Board to adopt regulations and
enforcement procedures
Article 43. Amend zoning Bylaws to allow granting of waivers for landscaping requirements in certain
zoning districts
Article 44. Amend Zoning Bylaws to create new special permit criteria for multi-family dwelling
developments
Article 45. Vote to authorize election to accept Massachusetts Community Preservation Act
Article 46. Vote to authorize assessors to use free cash to reduce the tax rate.
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TOWN OF MEDFIELD
WARRANT FOR THE ANNUAL TOWN MEETING
2018
On Monday, the thirtieth day of April, A.D., 2018 commencing at 7:30 P.M. the following Articles will be acted on in the Amos Clark Kingsbury High School gymnasium, located at 88R South Street in said Medfield, viz
Article 2. To see if the Town will vote to accept the reports of the several Town Officers for the past year.
WARRANT COMMITTEE RECOMMENDS PASSAGE
Article 3. To see if the Town will vote to accept the following named sums as Perpetual Trust Funds for the care of lots in the Vine Lake Cemetery, the interest thereof as may be necessary for said care, viz.
PERPETUAL CARE 2017
NAME _________ AMOUNT
Works, Alan and Elizabeth $3,000
Leader, Kathleen $3,000
Hennessy, Christopher P. $3,000
Coffin, John $1,500
Kelly, Erin C. $ 750
Fitzgerald, William J. $ 750
Lepley, Paul and Virginia $ 750
White, Jr., James G. and MaryBeth $3,000
Clancy, Michael $ 600
Cornwell, Peter and Judith $3,000
Kristof, Michael $1,500
Callachan, Betsy R. $ 750
Cavanaugh, Mary R. $1,500
MacLeod Jr., Charles $ 700
Beardsley, Bruce and Marianne $3,000
Seeley, Theresa $ 750
Goodard, John $3,000
Fernald, Edith ` $ 750
O’Leary, Thomas $3,000
Peck, Charles and Stephanie $3,000
Peck, Charles and Stephanie $1,500
Total $38,800
(Cemetery Commissioners)
Article 4. To see if the Town will vote to set the expenditure limit for each revolving fund established under the Code of the Town of Medfield, Chapter 117 Departmental Revolving Funds for fiscal year 2019, as follows:
Section 5.1 Fire Alarm Revolving Fund: $ 32,000
5.2 Ambulance Revolving Fund: $ 70,000 5.3 Advanced Life Support Revolving Fund: $ 75,000
5.4 Community Gardens Revolving Fund: $ 3,000
5.5 Center at Medfield Building Maintenance Revolving Fund: $ 30,000
5.6 Library Revolving Fund: $ 5,000
5.7 Respite Care Revolving Fund: $125,000
5.8 Transfer Station Recycling Revolving Fund: $ 10.000
5.9 Former State Hospital Property Revolving Fund: $ 80,000
TOTAL $430,000
or do or act anything in relation thereto.
(Board of Selectmen)
Article 5. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of paying $12,130.75 unpaid legal bills incurred in fy17, associated with representation of the Medfield Conservation Commission by the firm of Gordon and Rees, LLP in connection with appeals by the developer of the proposed assisted living facility at Main Street, or do or take any action relating thereto.
(Town Counsel)
Article 6. To see if the Town will vote to appropriate a sum of money, said sum to be transferred from the Sewer Enterprise Fund Surplus, for the purpose of paying a fy15 unpaid bill of the sewer department in the amount of $725, or do or take any action relative thereto.
(Director of Public Works)
Article 7. To see if the Town will appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of paying fy17 unpaid Sealer of Weights & Measures bills in the amount of $82.62, or do or take any action relating thereto.
(Sealer of Weights & Measures)
Article 8. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of paying fy17 unpaid Police Department medical bills in the amounts of $247.00 and $350.00, totaling $597.00, or do or take any action relating thereto.
(Chief of Police)
Article 9. To see if the Town will vote to fix the salary and compensation of the following elected officers: Moderator, Town Clerk, Selectmen, Assessors, School Committee, Trustees of the Public Library, Park and Recreation Commissioners, Planning Board, Housing Authority and Trust Fund Commissioners, or do or act anything in relation thereto.
(Board of Selectmen)
Article 10. To see if the Town will vote to amend the PERSONNEL ADMINISTRATION PLAN and CLASSIFICATION OF POSITIONS AND PAY SCHEDULE, effective July 1, 2018, as set out in the warrant, or do or act anything in relation thereto.
(Personnel Board)
Article 11. To see if the Town will vote to raise and appropriate and/or transfer from available funds, sums of money requested by the Selectmen or any other Town Officer, Board, Commission or Committee to defray operating expenses of the Town for the fiscal year commencing July 1, 2018, or such other sums as the Town may determine, as required by General Laws, Chapter 41, Section 108, or do or act anything in relation thereto.
(Board of Selectmen)
Article 12. To see if the Town will vote to raise and appropriate from the fy19 Tax Levy and/or transfer from available funds and/or borrow for capital expenditures, including the following:
FY19 CAPITAL BUDGET
RECOMMENDATIONS
,and to authorize the Board of Selectmen to sell or trade Town-owned equipment and/or property, as set out in the warrant report, the proceeds of which shall be applied to the fy19 Capital Budget procurements, or do or act anything in relation thereto. (This year will include items from 20-year Capital Budget prepared by Energy/ Facilities Manager, as well as traditional requests. Estimate: None yet.)
(Capital Budget Committee)
Article 13. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of preparing a Town-wide Master Plan, or do or act anything in relation thereto.
(Master Plan Committee)
Article 14. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of hiring an owner’s project manager (OPM) and an architect or other design professional to prepare a conceptual design, including investigatory site work, and cost estimate for a new Park and Recreation facility, or do or act anything in relation thereto.
(Park and Recreation Commissioners)
Article 15. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of hiring an owner’s project manager (OPM) and an architect and/or other design professional to prepare schematic plans, including investigatory site work, and cost estimates and construction plans and bid documents for an addition to the Center at Medfield, or do or take any action relating thereto. (Estimate: None) (Council on Aging)
Article 16. To see if the Town will vote to appropriate, borrow or transfer from available funds, an amount of money to be expended under the direction of the School Building Committee for the purpose of paying costs of a feasibility study to review potential solutions to the problems identified in the Dale Street Elementary School Statement of Interest including, but not limited to, obtaining soil borings, topographical studies, land surveys, wetlands surveys, preliminary site development plans, schematic designs, architectural and engineering designs, cost estimates, and construction alternatives, and any incidental or related services, for the addition and/or renovation to or replacement of the Dale Street Elementary School located, located at 45 Adam Street, Medfield MA, 02052, for which feasibility study the Town of Medfield may be eligible for a grant from the Massachusetts School Building Authority (“MSBA”), said amount to be expended under the direction of the School Building Committee; and that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, or pursuant to any other enabling authority. Further, the Town acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town; and further provided that the appropriation hereunder shall be subject to and contingent upon an affirmative vote of the Town to exempt the amounts required for the payment of interest and principal on said borrowing from the limitations on taxes imposed by M.G.L. 59, Section 21C (Proposition 2½ so-called), and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Feasibility Study Agreement that may be executed between the Town of Medfield and the MSBA; and to act in any manner relating thereto.
(School Committee)
Article 17. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of providing Advanced Life Support (ALS) services for the Town, including, as necessary, hiring of personnel, contracting for services, purchase of supplies, equipment and materials, certification training, or do or act anything in relation thereto.
(Advanced Life Support Study Committee)
Article 18. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of hiring consultants, engineers and/or attorneys to assist the Town with the redevelopment/reuse of the former hospital and surrounding areas and to advise the Town on matters concerning the site’s contracted redevelopment, and environmental remediation, said funds to be expended under the direction of the Board of Selectmen, with the understanding that the Board of Selectmen may authorize any other Town board, commission, committee or department to expend a portion of said funds for such purposes or do or act anything in relation thereto. (Board of Selectmen)
Article 19. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be used for the purpose of providing matching funds for a grant from the Commonwealth of Massachusetts or other sources, the purpose of which is to create architectural and engineering plans incorporating cultural uses into the redevelopment of the former state hospital site or do or take any action relating thereto.
(Board of Selectmen and Cultural Alliance of Medfield)
Article 20. Selectmen’s article re senior housing.
Article 21. Amendment to the Code of the Town of Medfield, Zoning Bylaws, to create a 55 and over overlay district to enable the Town to provide moderate-priced senior housing.
(Town Counsel & Board of Selectmen)
Article 22. To see if the Town will vote to authorize the Board of Selectmen to sell or otherwise dispose of all or a portion of Town-owned land off Harding Street, commonly known as the Hinkley property, identified on the Board of Assessors Maps as Lot 1, Map 64 for affordable and/or elderly housing, or do or act anything in relation thereto.
(Senior Housing Study Committee)
Article 23. To see if the Town will vote to :
To determine whether the Town in order to expedite development along Ice House Rd. will vote to authorize the Board of Selectmen to remove Lot 1 (Hinkley Property) and Lot 3 from the control of the Medfield State Hospital Planning Committee and transfer said control to the Medfield Senior Housing Study Committee and the Council on Aging (COA) or other Town Board. Further to direct the Board of Selectman to expeditiously enter into a Local Initiative Project (LIP) on Town owned land on Lot 1 (Hinkley Property) off Ice House Rd. The land or any portion thereof shall be incorporated into said project at no cost by donation to the Affordable Housing Trust. The project shall contract with a developer to build appropriate and affordable Senior 65 + housing featuring ranch type condominiums with price points between $350,000 to $500,000 with preference for Medfield Seniors. Land will continue to be owned by the Town. In addition the details of said housing shall be subject to approval of the Senior Housing Study Committee and the Council on Aging. Or take any other action in relation thereto.
(Citizen Petition)
Article 24. To see if the Town will vote to:
To authorize the Board of Selectmen to enter into a ground lease with a private developer for the whole or any portion thereof, of a parcel of town owned land off Ice House Road (Hinkley Property), shown of the Board of Assessors Maps as Map 64, Lot 1 (aka Hinkley Property), for a period not to exceed 99 years to develop affordable senior housing with preference for Medfield Seniors on such terms and conditions as the Board of Selectmen deem to be in the best interest of the Town of Medfield and its Senior citizens; and, if deemed necessary or desirable, to authorize the Board of Selectmen to petition the Massachusetts General Court to enact special legislation authorizing the Town of Medfield to enter into such lease(s), or do or act anything in relation thereto. (Citizen Petition)
Article 25. To see if the Town will vote to:
To determine whether the Town will vote to authorize the Board of Selectmen to enter into a Local Initiative Project (LIP) on Town owned land on Map 64, Lot 1 (Hinkley Property) off Ice House Rd. The land shall be placed in the recently approved Affordable House Trust or any portion thereof shall be incorporated into said project at no cost. The project shall contract with a developer to build appropriate and affordable Senior 65+ housing featuring ranch type condominiums with price points between $350,000 to $500,000 with preference for Medfield Seniors. Land will continue to be owned by the Town. In addition the details of said housing shall be subject to approval of the Senior Housing Study Committee and the Council on Aging, or take any other action in relation thereto.
(Citizen Petition)
Article 26. To see if the Town will vote to:
To recommend that the Board of Selectmen instruct the Medfield State Hospital Planning Committee to incorporate more appropriate and affordable Senior 65+ housing featuring ranch type condominiums/apartments with price points between $350,000 to $500,000 and apartment rental not to exceed $2,000 per month. Or take any other action in relation thereto.
(Citizen Petition)
Article 27. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of making improvements to the economic vitality of the Town, or do or act anything in relation thereto.
(Board of Selectmen)
Article 28. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of providing matching funds for construction of a multi-purpose recreational trail and to authorize the Board of Selectmen to enter into a lease with the MBTA and/or Mass Department of Transportation (DOT), or do or act anything in relation thereto.
(Rail Trail Study Committee?)
Article 29. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be used, and to authorize the Board of Selectmen to apply for and receive grants and/or loans from federal, state, or private parties for the purpose of providing traffic safety improvements at the North Meadows Road (Route 27), West Street intersection, or do or act anything in relation thereto.
(Chief of Police and/or Supt. of Public Works)
Article 30. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of providing the Town’s matching share ($4,875.) of the cost of preparing an update to the Town’s pre-disaster mitigation plan, and to authorize the Board of Selectmen to apply for and receive federal, state and/or private grants and/or loans to accomplish same.
(Board of Selectmen)
Article 31. To see if the Town will vote to amend the Code of the Town of Medfield, Bylaws, Chapter 170 Licenses and Permits, Section 170.1 by deleting in the third line, the words “ shall Annually” and replacing it with the phrase ”may periodically”, or do or act or do or take any action relating thereto.
(Town Counsel and/or Treasurer/Collector)
Article 32. To see if the Town will vote to authorize the Board of Selectmen to accept a sidewalk easement on a property identified on at the Norfolk County Registry of Deeds as Book 33271, Page 500 and on the Board of Assessor’s Maps as Map 37, Lot 159, located at the intersection of South Street and Metacomet Street, to provide for a sidewalk from Pleasant Street to South Street, or do or take any action relating thereto.
(Director of Public Works )
Article 33. To see if the Town will vote to authorize the Board of Selectmen to enter into an agreement with property owners of two parcels of land located on Harding Street and shown on Medfield Assessors Map 64 as Parcel 26, title reference: Norfolk Registry of Deeds Book 5763, Page 53, and Parcel 27, title reference: Norfolk Registry of Deeds Book 31011, Page 94, to relocate and reconfigure an existing Town-owned water easement, upon such terms and conditions as the Board of Selectmen determine to be necessary to protect Town’s interests, and to execute any documents and take any other action required to implement said agreement, or do or act anything on relation thereto.
(Town Counsel)
Article 34. To see if the Town will vote to transfer $106,235.54 from sewer-betterments-paid-in-advance, to the Sewer Stabilization Fund, or do or take any action in relation thereto.
(Town Administrator)
Article 35. To see if the Town will vote to transfer $20,000 from the Ambulance Revolving Fund to the General Fund Stabilization Fund, which amount is for the final reimbursement to the Stabilization Fund for a loan to purchase a Town ambulance, or do or act anything in relation thereto.
(Town Administrator)
Article 36. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of making an annual contribution to the Other Post-Employment Benefits (OPEB) Trust Fund, or do or act anything in relation thereto.
(Board of Selectmen)
Article 37. To see if the Town will vote to appropriate, borrow or transfer from available funds in the Water Enterprise Fund a sum of money for the purpose of continuing to study the most effective method to remove iron and manganese deposits from the Town’s water supply and to design the appropriate facility to accomplish this, or do or act anything in relation thereto.
(Water and Sewerage Board)
Article 38. To see if the Town will vote to appropriate, borrow or transfer from available funds in the Water Enterprise Fund a sum of money for the purpose of making repairs to and repainting the interior and/or exterior of the Mount Nebo water tower, and to purchase and install circulating equipment in this water tower to maintain the appropriate water quality levels, or do or act anything in relation thereto.
(Water and Sewerage Board)
Article 39. To see if the Town will vote to ratify and affirm the action of voters at the 2017 ATM in voting to approve Article 48, which amended the Code of the Town of Medfield Chapter 175 Marijuana and Tetrahydrocannabinol by adding a new Section 175.3 Marijuana, Not Medically Prescribed, Prohibited, in light of the General Court’s subsequent passage of Chapter 55 of the Legislative Acts of 2017, which specifically authorized this type of local legislation, or do or act anything in relation thereto. (Town Counsel)
Article 40. To see if the Town will vote to amend the Code of the Town of Medfield, by adding in Chapter 10 Boards, Commissions, and Councils, a new Article IV, Permanent Planning and Building Committee, Section 10-20 Municipal Facilities as follows:
10-20 There shall be a Permanent Planning and Building Committee (hereinafter “Committee”)
responsible for overseeing the planning, prioritizing, design, approvals, construction,
reconstruction, alteration or enlargement of all buildings owned by the Town or constructed on
land owned, leased, or operated by the Town.
10-20-1 The Committee shall consist of five members appointed by a majority vote of the
Town of Medfield Board of Selectmen.
10-20-2 Each member of the Committee shall be a resident in the town of Medfield. No
member of the Committee shall be a paid employee of the Town.
10-20-3 Among the members, the Board of Selectmen should endeavor to appoint
Member with expertise in Architecture, Building Engineering, Commercial or
Municipal Construction, and/or Construction Law/Contracts. If volunteers with
This expertise are not available for appointment, the Board of Selectmen shall
have the discretion to appoint instead any individual meeting the qualifications
set forth in
10-20-4 The Town Administrator, or his/her appointed designee, the Town Facility
Manager and one member of the Town Warrant Committee each shall be
appointed as ex-officio members in addition to the five member Committee.
10-20-5 Committee members shall serve a term of 3 years.
10-20-6 If a Committee member chooses to resign his or her term, the Board of
Selectmen shall appoint a replacement to complete the unexpired portion of that
term. Expiring terms shall end on June 30th of each calendar year. A member
may hold his or her seat after his or her term expires until a successor is
qualified.
10-20-7 The Committee shall have supervisory authority and oversight for all projects
that fall under MGL,Ch.149,MGL Ch. 149A, Ch. 30, Section 39M, and MGL,
Ch. 7C. The committee may, with the consent of the Board of Selectmen,
delegate its authority to another governing board, committee, commission or
town official should the Committee’s involvement be deemed unnecessary.
10-20-8 The Committee, in consultation with the Town Facility Manager, shall be
responsible for assessing the current conditions of all Town facilities and
projecting their useful life.
10-20-9 The Committee shall be responsible for projecting the need to replace and/or
renovate existing facilities and maintain a Facilities Master Plan with a
prioritized list of future needs.
10-20-10 The Committee shall, subject to Town Meeting project authorization and
appropriation, conduct feasibility studies and final designs, oversee
construction of projects, procure project management (if required), procure
design, architectural and engineering services as it deems necessary or as
required by law.
10-20-11 Prior to commencement of a project or feasibility study, the relevant user
Department shall designate up to two people to serve as ex officio members to
support the completion of the project or feasibility study and represent the
needs of that Department.
10-20-12 Any user Department seeking to construct, reconstruct, alter or enlarge a
Building under its jurisdiction shall file a project application with the Board of
Selectmen; if the Board of Selectmen determines that the project should
proceed, it shall refer the application to the Committee. The Committee shall
meet with the applicant. Department and if the project is deemed viable by the
Committee shall present its findings to the Board of Selectmen for approval to
start a feasibility study.
10-20-13 If, after the completion of a feasibility study, it is deemed by the Board of
Selectmen that the proposed construction project is necessary, the Committee
shall conduct the final design process subject to Town Meeting approval of all
funding and review of projected budgets with the Board of Selectmen and
Warrant Committee
10-20-14 The Permanent Planning and Building Committee shall report its progress on
all capital projects on an as needed basis or as requested by the Board of
Selectmen.
, and to authorize the Town Clerk to renumber, re-letter, and/or take any other action necessary to reformat this new bylaw to fit within the established format of the Code of the Town of Medfield, or do or act anything in relation thereto.
(Board of Selectmen)
Article 41. To see if the Town will vote to amend the Code of Town of Medfield Chapter 100 Animals Article II Dog Control by striking existing Section 100-6 Violations and Penalties and adding new sections: Section 100-6 Prohibited Dog Behavior, Section 100-7 Confinement or Muzzling, Section 100-8 Penalties and Enforcement, and Section 100.9 Non-Waiver of Statutory Remedies, as follows:
- 100-6 Prohibited Dog Behavior.
The owner, keeper, or person otherwise in control of a dog shall not cause or permit a dog:
- To be unrestrained as required by Section 100-5.
- To be unlicensed when a license is required by law.
- To be without current license and rabies vaccination tags when off the owner’s
property.
- To bite, physically injure, assault or threaten any person, without legally recognized
justification or provocation.
- To bite or physically injure any domestic animal, without legally-recognized
justification or provocation.
- To chase any motorist, bicyclist, or pedestrian on any public way, street, or sidewalk or
in any public place.
- To be off the property where the dog resides, if subject to a confinement order.
- To be off the property where the dog resides, unmuzzled, if subject to a muzzle order. i. To disturb the peace and quiet enjoyment of any residential neighborhood by
continuous or repeated barking, yelping, howling, or whining, without legal
justification.
- 100-7 Confinement or Muzzling. The Board of Selectmen may order a dog confined to the premises where it resides or to other premises or to be muzzled when off said premises if the Board finds, after a public hearing, that the dog has:
- Bitten, physically injured or assaulted any person without legally-recognized
justification or provocation.
- Bitten or physically injured any domestic animal without legally-recognized
justification or provocation.
- Chased any motorist, bicyclist or pedestrian on any public way, street, or sidewalk or any public place on at least two occasions.
Said order may be in addition to or in lieu of any fine authorized by §100-8. Nothing in this section shall preclude the Board of Selectmen from utilizing the procedure contained in MGL c.140, §57, as amended by Chapter 193 of the Legislative Acts of 2012, to determine that a dog is a nuisance dog or a dangerous dog and from employing one or another of the remedies specified in that statute.
- 100-8 Penalties and Enforcement. The owner, keeper and/or person otherwise in control of a dog shall be subject to a fine for each violation of any section of this chapter as follows:
First offense: $ 50
Second offense: $100
Third offense: $150
Fourth and subsequent offense: $200
In the case of a continuing offense, each day shall constitute a separate violation
.
The Medfield Police Chief and his designee, including the Animal Control Officer, and any Medfield Police Officer shall have authority to enforce the provisions of this chapter.
- 100-9 Non-waiver of Statutory Remedies.
The provisions of this chapter are intended to be in addition to and not in lieu of those contained in MGL c.140, §136A, et seq., as amended by Chapter 193 of Legislative Acts of 2012; nothing contained in this chapter shall deprive the Town from employing the remedies provided in those sections, including but not limited to disposition of a dog found to be a dangerous dog or nuisance dog, as provided in MGL c.140, §157, as amended. To the maximum extent possible, the provisions of this chapter shall be deemed to be consistent with and/or supplementing those contained in MGL c.140, as provided in MGL c.140, §§173 and 173A, as amended.
and by renumbering the two existing subsequent sections Section 100-7 Definitions and Section 100-8 License Fees as Sections 100-10 and Section 100-11, respectively, and to authorize the Town Clerk to renumber, re-letter, and/or take any other action necessary to reformat this new bylaw to fit within the Code of the Town of Medfield, or do or act anything in relation thereto. (Board of Selectmen)
Article 42. To see if the Town will vote to amend the Code of the Town of Medfield Chapter 270 Water Article II Public Water Supply System by adding Sections 270.16 and 270.17 as follows:
- 270.16 Authority for Board of Water and Sewerage to Promulgate Regulations.
The Board of Water and Sewerage is hereby authorized to promulgate written regulations governing the operation of the public water supply system and the regulation of its customers/consumers. Said regulations once promulgated, shall be filed with the Town Clerk and posted in a conspicuous place in or near its offices in the Town House to which the general public has access.
- 270.17 Violations and Penalties.
Any person who engages in conduct prohibited by said regulations and not otherwise prohibited by Massachusetts General Laws or these Bylaws shall be subject to a fine of $100 for the first offense, $200 for the second offense, $300 for the third offense and $300 for each subsequent offense; in the case of “continuing offense”, each day shall constitute a separate offense. The Board of Water and Sewerage Commission, DPW Director or his designee and the Medfield Police Department shall each have authority to enforce the provisions of this Bylaw.
, and to renumber the succeeding sections of Chapter 270, accordingly, and to authorize the Town Clerk to renumber, re-letter, and/or take any other action necessary to reformat this new bylaw to fit within the established format of the Code of the Town of Medfield, or do or act anything in relation thereto.
Article 43. To see if the Town will vote to amend the Code of the Town of Medfield Chapter 300 Zoning 300-6.2.J. as follows (new text is shown in bold):
300-6.2.J. (Area Regulations)
In a Business District, a Business-Industrial District or a lot in an RU District on which a multifamily dwelling is placed, there shall be a landscaped buffer strip along each boundary which adjoins a residential lot. The strip shall be at least 25 feet in width and shall contain a screen of plantings in the strip not less than five feet in width and six feet in height at the time of the occupancy of any lot. Individual bushes or trees shall be planted not more than six feet on centers, and shall thereafter be maintained by the owner or occupants so as to maintain a dense screen year round. All of the plantings shall be evergreen. No building, structure, driveway, or other artificial improvements, except such fencing as the Planning Board may require, shall be placed within this buffer strip. A waiver of the required plant spacing may be granted if, in the opinion of the Planning Board based on evidence submitted by applicant, the wider spacing allows the proposed plantings to thrive and fully mature while providing a long term healthier vegetative screen. The relief of plant spacing will allow for plantings to be concentrated in areas where a fuller vegetative screen is required or desired. A waiver on the plant spacing does not allow for a reduction in the overall plant quantity.
, or do or act anything in relation thereto.
(Planning Board)
Article 44. To see if the Town will vote to amend the Medfield Town Code Article 300 Zoning by inserting a new Subsection 300-14.15.G to create new special permit criteria specifically for multi-family dwelling developments by the Planning Board and re-number the remaining existing subsections for consistency with new Subsection G, as follows (new text is shown in bold, deleted text is shown as strikethrough):
- Multi-family dwelling developments shall be permitted subject to the following special criteria:
- The development of multiple dwellings does not detract from the livability, scale, character or economic value of existing residential neighborhoods
- There shall be no more than two garage bays (or two interior parking spaces as defined by the Zoning Bylaw) per unit and they should be oriented so that they are in character with the streetscape and surrounding properties.
- Each dwelling unit should have access to private yard, patio, or other private outdoor space.
- Negative visual impacts of the development, if any, are screened from adjacent properties and nearby streets by landscaping or other site planning techniques. The Planning Board, in its discretion, may require additional screened buffer zone for the privacy of directly abutting properties. Screening can include use of existing trees and plants, new vegetation, fencing, or a combination of these options.
- Each parking space or driveway serving a multi-family dwelling shall be set back at least 10 feet from any side lot line and rear lot line and shall be designated on the site plan.
- Adequate provisions for snow removal or on-site storage should also be demonstrated.
- The access, egress, and internal circulation are designed to provide a network of pedestrian-friendly streetscapes.
- The dwellings are sited and oriented in a complementary relationship to: each other, the common open space, and the adjacent properties with respect to scale, mass, setback, proportions and materials;
G H. Historic preservation incentive for two-family dwellings in the RU Zoning District.
(1) A special permit pursuant to § 300-14.15A through F for a proposed project that preserves a structure that has received a determination from the Medfield Historical Commission that the structure is a “historically significant structure” (as defined by Town Code § 150-13, as the same may be amended from time to time) may allow a lot coverage of up to 30% upon finding the property complies with the following criteria:
(a) As to the existing historic structure, the project:
(i) Preserves the primary part of the existing historic structure, particularly that portion which is visible from the street, integral to the historic character of the property and important for its relationship to neighboring structures.
(ii) Preserves the historic structure’s existing scale, massing, height, setback, orientation, roofline, materials, and architectural details.
(iii) Maintains the size, type and spacing of existing windows and doors.
(iv) Maintains any historic outbuildings on the property whenever possible.
(b) It shall be a prerequisite to requesting such increased lot coverage that the applicant shall have submitted to Medfield Historical Commission information relating to the historical features of the structure to enable the Commission to make a determination as to whether such structure is a “historically significant structure.” Where such increased lot coverage is sought, a copy of the Commission’s determination must be included in the applicant’s application for a special permit pursuant to § 300-14.15A through F.
(2) As to new construction directly related to an existing historic structure, the new construction respects and reflects the scale, massing, roof forms, materials, windows, doors, and other architectural details of the related historic structure.
H I. Waivers to special permit criteria for a two-family dwelling. One or more of the special permit criteria specific to two-family dwellings required by Subsection F(1) through (6) may be waived if, in the opinion of the Planning Board, based on compelling reasons of safety, aesthetics, or site design and evidence submitted by the applicant at the public hearing, the proposed project can be built without substantial detriment to the neighborhood, the proposed building is compatible with the neighborhood and surrounding properties, and the proposed project is otherwise consistent with the requirements of Subsection E, F, and F G of this Section.
Note: Waivers granted to one project do not mean future projects may automatically receive the same waivers.
,or do or act anything in relation thereto. (Planning Board)
Article 45. To see if the Town will accept Sections 3 to 7, inclusive of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purposes permitted by said Act, including the acquisition, creation and preservation of open space, the acquisition, preservation, rehabilitation and restoration of historic resources, the acquisition, creation, preservation and support of community housing and the rehabilitation and restoration of such open space and community housing that is acquired or created as provided under said Act; to determine the amount of such surcharge on real property as a percentage of the annual real estate tax levy against real property and the fiscal year in which such surcharge shall commence; to determine whether the Town will accept any of the exemptions from such surcharge permitted under Section 3(e) of said Act; or take any other action relative thereto. (Board of Selectmen)
Article 46. To see if the Town will vote to authorize the Board of Assessors to use a sum of money from free cash in the Treasury for the reduction of the tax rate for the fiscal year 2019, or do or act anything in relation thereto.
(Board of Assessors)
And you are directed to serve the Warrant by posting an attested copy thereof, in the usual place for posting warrants in said Medfield, seven days at least before the time of holding said Town Meeting.
Hereof fail not and make due return of this Warrant with your doings thereon, unto the Town Clerk at the time and place of the Town Meeting aforesaid. Given unto our hands this ____ day of April, Two-Thousand and Eighteen.
Osler L. Peterson /s/
Michael T. Marcucci /s/
Gustave H. Murby, Sr. /s/
BOARD OF SELECTMEN
By virtue of this Warrant, I have notified and warned the Inhabitants of the Town of Medfield, qualified to vote in elections and at town meetings, by posting attested copies of the same at five public places seven days before the date of the Town Meeting as within directed.
Constable:
Date:
A TRUE COPY ATTEST:
Carol A. Mayer, CMMC, /s/
Town Clerk
Article . To see if the Town will vote to transfer care, custody and control of a portion of a parcel of land on Green St., identified on the Board of Assessors Maps as map , lot together with the building thereon, generally known as the Lowell Mason House, and as shown on a plan in this Warrant Report, from the Board of Park and Recreation Commissioners to the Board of Selectmen in accordance with the provisions of G.L., Chapter , Section , and to grant the Board of Selectmen authority to lease said land and buildings to the Lowell Mason Foundation for no more than 99 years for the sum of $1 per year, to be used for the purposes of promoting music education in the public schools, hosting music recitals, concerts, symposiums, instructional classes and a museum featuring artifacts and memorabilia from Lowell Mason and for such other purposes as the Foundation may see fit to carry out its mission of promoting music education in the public schools, or do or act anything in relation thereto.
(Board of Selectmen)
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