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ANNUAL MEETING WARRANT
Middleborough, Massachusetts

***PLEASE NOTE:  TOWN MEETING HAS CONCLUDED

To Gary J. Russell, Police Chief or any of the

Police Officers of the Town of Middleborough

Greetings:

In the name of the Commonwealth of Massachusetts you are hereby required to notify and warn all the inhabitants of said Town, qualified to vote in Town affairs, to meet in the Auditorium of the Middleborough High School, on May 21, 2007, at 7:30 P.M., to act on the following articles:

 

Article 1

To hear the report of any committee or officer of the Town, to appoint any committee or take any action relative thereto.

Motion:

I move to hear the report of any committee or officer of the Town, or to appoint any committee.

This is the standard committee report article.  Any committee may report to the Meeting.

 

Article 2
(Budget)
Moved by FinCom

To see if the Town will vote to raise and appropriate a sum of money by taxation or from available funds in the treasury to defray expenses of the Town for the fiscal year beginning on July 1, 2007, relating to all or any of its officers, boards or departments and for purposes authorized by law, to vote to fix the salary and compensation of all elected officers, and to act anything thereon.

 

F.Y.’08 Budget Article

 

Article 3

To see if the Town will vote to transfer from the income from the sales of gas and electricity for the purpose of fixing the tax rate a sum of money to the Assessors for the purpose of fixing the tax rate for Fiscal Year 2008, or act anything thereon.

Motion:

I move that the Town vote to transfer $366,544.00 from the income from the sales of gas and electricity for the purpose of fixing the tax rate to the Assessors for the purpose of fixing the tax rate for Fiscal Year 2008.

 

This Article transfers the Middleborough Gas & Electric Department’s In Lieu of Tax Payment to the Town.
 

Article 4

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, an existing appropriation or account or other available source or by borrowing to be placed into the Stabilization Fund, or act anything thereon.

Motion:

I move to transfer $250,000.00 from available funds in the treasury to be placed into the Stabilization Fund.

Stabilization Fund Article

 

Article 5

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing for unpaid bills from prior years, or act anything thereon.

$27,309.30      Frank I. Rounds Company (Police Department)

Motion:

I move to table Article 5.

Unpaid Bills Article (needed only if this bill was not approved for payment at the S.T.M.)
 

Article 6

To see if the Town will vote to transfer $41,972.60 from the receipts reserved for the Water Pollution Abatement Trust Loan Repayment Account in order to meet the Town’s obligation for payment of the Water Pollution Trust Loan, or act anything thereon.  

Motion:

I move to transfer $41,972.60 from the receipts reserved for the Water Pollution Abatement Trust Loan Repayment Account in order to meet the Town’s obligation for payment of the Water Pollution Trust Loan.

Favorable Action will authorize payment on the Town’s Septic System Loan from the Water Pollution Abatement Trust Fund.  Payment is made from loan proceeds only.
 

Article 7

To see if the Town will vote pursuant to Section 53 ½ of Chapter 44 of the General Laws, as amended, to authorize and/or reauthorize establishment of one or more revolving funds for the purpose of funding certain activities and operations of certain departments and programs of the Town during Fiscal Year 2008, or act anything thereon.

 

Municipal Fire Alarm System                                               Not to exceed $15,000.00

Hazardous Materials Incident Training & Materials          Not to exceed $50,000.00

Recycling Program                                                                Not to exceed $100,000.00

Herring Fishery Program                                                      Not to exceed $100,000.00

Composting Bin Program                                                      Not to exceed $2,500.00

Recreation and Sports Program                                            Not to exceed $100,000.00

Zoning Map, Bylaws and                                                       Not to exceed $2,500.00

Subdivision Rules & Regulations

 

Motion:

I move that the Town vote to establish revolving funds for fiscal year 2008, pursuant to Section 53E ½ of Chapter 44 of the General Laws, as amended, for the following purposes:

For the use of the Fire Department for the purpose of operating the Municipal Fire Alarm System including without limitation, fire alarm systems repairs and maintenance, additions and improvements, and equipment purchases, with all receipts from the tie-in fees charged to users of the system, fees for fire alarm installations permits, and restitution fees charged for false alarm or damages to the municipal system, to be credited to the fund and to reauthorize the Fire Chief to expend the fund for the aforesaid purposes with expenditures from the fund to be limited to Fifteen Thousand ($15,000.00) dollars;

For use by the Fire Department for purchasing equipment and training to adequately prepare Middleborough Firefighters to meet any hazardous materials incidents.  Funds for this account will be derived from Town billings at hazardous materials incidents under Mass. General Law Chapter 21-E, and expenditures from this fund by the Fire Chief shall be limited to Fifty Thousand ($50,000.00) dollars;

For the purpose of operating a recycling –program for the Town with all receipts from the sale of materials and donations for the program to be credited to the fund and to reauthorize the Board of Selectmen to expend the fund for operation, support and enhancement of the recycling program including the purchase of equipment and any other expenses incurred to operate the program except for the salaries and wages with expenditures from the fund to be limited to One Hundred Thousand ($100,000.00) dollars;

For the purpose of operating a herring fishery program for the Nemasket River Herring Fishery with all receipts received from the issuance of permits for taking herring to be credited to the fund and to authorize the Board of Selectmen to expend the fund to pay expenses incurred in the management of the program and enforcement of Herring Rules and Regulations, with expenditures from the fund to be limited to Twenty-five Thousand ($25,000.00) dollars;

For the purpose of operating a composting bin program with all receipts from the sales of composting bins to be credited to the fund and to authorize the Board of Selectmen to expend the fund to purchase additional composting bins with expenditures to be limited to Two Thousand Five Hundred ($2,500.00) dollars.

For the purpose of providing to the public copies of the Town’s Zoning Map, Zoning Bylaws and Subdivision Rules and Regulations, with all receipts received from the sale of the maps by-laws and rules and regulations to be credited to the fund and to authorize the Town Clerk to expend the fund to pay expenses incurred in the cost of providing the Zoning Map, Zoning Bylaws and Subdivision Rules and Regulations, with expenditures to be limited to Two Thousand Five Hundred ($2,500.00) dollars;

For the purpose of operating a recreation and sports program by the Park Department with all fees received from participants in the various components of the program to be credited to the fund, to authorize the Park Commission to expend the fund for the aforesaid purpose with expenditures from the fund to be limited to One Hundred Thousand Dollars ($100,000.00).

Favorable Action will reauthorize all Town revolving funds.

Article 8

To see if the Town will vote to raise and appropriate and/or transfer $72,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing for the purpose of paying for off site disposal of waste brought to the Landfill, or act anything thereon.

Motion:

I move to raise and appropriate $72,000.00 from taxation for the purpose of paying for off site disposal of waste brought to the Landfill.

Favorable Action will fund the payment of off-site disposal of solid waste brought to the Landfill.
 

Article 9

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing to buy back accumulated sick leave for personnel in the following Departments, or act anything thereon.

Council on Aging

$11,921.52

Town Manager

$41,050.20

Library

$11,489.25

Fire Department

$17,890.00

Motion:

I move to raise and appropriate $82,350.97 from taxation to buy back accumulated sick leave for personnel in the following Departments:

Council on Aging

$11,921.52

Town Manager

$41,050.20

Library

$11,489.25

Fire Department

$17,890.00

Favorable Action will fund payment of Sick Leave Buyback contractually obligated to be paid to retiring Town employees.

 

Article 10

To see if the Town will vote to appropriate a sum of money for the purpose of financing the following water pollution abatement facility projects:  repair, replacement and/or upgrade of septic systems, pursuant to agreements with Board of Selectmen in its capacity as Board of Health and residential property owners, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; to determine whether this appropriation shall be raised by borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise, or to take any other action relative thereto. ($300,000.00)

Motion:

I move to appropriate $300,000.00 by borrowing for the purpose of financing the following water pollution abatement facility projects:  repair, replacement and/or upgrade of septic systems, pursuant to agreements with Board of Selectmen in its capacity as Board of Health and residential property owners, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; and to meet this appropriation to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow $300,000 under General Laws, Chapter 44, Section 7.

Favorable Action will authorize the borrowing of funds from the Water Pollution Abatement Trust to continue the Septic System Betterment Loan Program.

Article 11

To see if the Town will vote to raise and appropriate a sum of money by borrowing for the purpose of purchasing two (2) Buses for the School Department and to meet this appropriation to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow $80,000 under General Laws, Chapter 44, Section 7, or act anything thereon.

Motion:

I move to appropriate $80,000.00 by borrowing for the purpose of purchasing two (2) Buses for the School Department and to meet this appropriation to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow $80,000 under General Laws, Chapter 44, Section 7.

Favorable Action will authorize borrowing to purchase two (2) buses for the School Department. 

Article 12

To see if the Town will vote to raise and appropriate and/or transfer the sum of $180,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source for the purpose of reimbursing Town employees for the increases in health insurance HMO deductibles and co-payments paid by the employees during Fiscal Year 2008 and thereafter in excess of the amounts for such deductibles and co-payments applicable during Fiscal Year 2007, or  act anything thereon.

Motion:

I move to raise and appropriate $180,000.00 from taxation for the purpose of reimbursing Town employees for the increases in health insurance HMO deductibles and co-payments paid by the employees during Fiscal Year 2008 and thereafter in excess of the amounts for such deductibles and co-payments applicable during Fiscal Year 2007.

Favorable Action will establish a Mitigation Fund to reimburse employees for payment of increased co-pays and deductibles during Fiscal Year 2008. 

Article 13

To see if the Town will vote to raise and appropriate and/or transfer the sum of $7,500.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source to reimburse the Town’s insurance company for defense and/or indemnity costs and expenses in connection with a lawsuit filed by Jeanne M. McMahon-Powers against Middleboro High School and John T. Nichols School, or act anything thereon.

Motion:

I move to raise and appropriate $7,500.00 from taxation to reimburse the Town’s insurance company for defense and/or indemnity costs and expenses in connection with a lawsuit filed by Jeanne M. McMahon-Powers against Middleboro High School and John T. Nichols School. 

A will pay the deductible amount due to our insurance company for defending the Town in a lawsuit.

Article 14

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing to purchase three cruisers for the Police Department and to meet this appropriation to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow $89,952.00 under General Laws, Chapter 44, Section 7, or act anything thereon.

Motion:

I move to appropriate $89,952.00 by borrowing to purchase three cruisers for the Police Department and to meet this appropriation to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow $89,952.00 under General Laws, Chapter 44, Section 7.

Favorable Action will authorize borrowing to purchase three (3) police cruisers.

Article 15

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source to paint the Police Station, or act anything thereon.

Motion: 

I move that the Town raise and appropriate $5,000 from taxation to paint the Police Station.

Favorable Action will fund the repainting of the Police Station by prison inmates by providing the paint, supplies, and meals. 

Article 16

To see if the Town will vote to raise and appropriate and/or transfer the sum of $5,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing to remove all asbestos in the Police Station, or act anything thereon.

Motion: 

I move to raise and appropriate $5,000.00 from taxation to remove all asbestos in the Police Station.

Favorable Action will fund the asbestos removal from the Police Station.

Article 17

To see if the Town will vote to raise and appropriate and/or transfer the sum of $10,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source to replenish the Extra Detail bank, or act anything thereon.

Motion:

I move to raise and appropriate $10,000.00 from taxation to replenish the Extra Detail bank.

Favorable Action will provide an adequate bank for the Extra Detail Account of the police Department.

Article 18

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source for the purpose of hiring a consultant to perform an actuarial valuation to determine the town’s accrued liability and total unfunded liability for post- retirement benefits required by GASB 45, or act anything thereon. ($15,000)

Motion:

I move to raise and appropriate $15,000.00 from taxation for the purpose of hiring a consultant to perform an actuarial valuation to determine the town’s accrued liability and total unfunded liability for post- retirement benefits required by GASB 45.

Favorable Action will fund an Actuarial Valuation of the Town’s accrued liability and unfunded liability for post-retirement benefits.

Article 19

To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation to provide that all withdrawal penalty taxes paid to the Town pursuant to General Laws, Chapter 61, Section 7, all conveyance taxes and roll-back taxes paid to the Town pursuant to General Laws, Chapter 61A, Sections 12 and 13 respectively, and all conveyance taxes and roll-back taxes paid to the Town pursuant to General Laws, Chapter 61B, Sections 7 and 8 respectively, shall be deposited in a special account to be known as the Land Acquisition Fund with any money in the Fund to be expended by the Board of Selectmen duly authorized by vote of the Town Meeting to purchase the fee or other rights in land for purposes of recreation, conservation, agricultural, open space or other municipal uses with the income derived from the land Acquisition Fund to be credited to the Fund, or act anything thereon.

Motion:

I move to authorize the Board of Selectmen to petition the General Court for special legislation to provide that all withdrawal penalty taxes paid to the Town pursuant to General Laws, Chapter 61, Section 7, all conveyance taxes and roll-back taxes paid to the Town pursuant to General Laws, Chapter 61A, Sections 12 and 13 respectively, and all conveyance taxes and roll-back taxes paid to the Town pursuant to General Laws, Chapter 61B, Sections 7 and 8 respectively, shall be deposited in a special account to be known as the Land Acquisition Fund with any money in the Fund to be expended by the Board of Selectmen duly authorized by vote of the Town Meeting to purchase the fee or other rights in land for purposes of recreation, conservation, agricultural, open space or other municipal uses with the income derived from the land Acquisition Fund to be credited to the Fund.

Favorable Action will allow Chapter 61, 61A and 61B rollback taxes to be paid into a Land Acquisition Fund if approved by the State Legislature.  A Bill is now pending in the Legislature as a result of approval of this article several years ago.  We have been advised by Senator Pacheco’s counsel that we need to revote this article so that the vote is current.

Article 20

To see if the Town will vote to transfer to the Board of Selectmen the care, custody, management and control of the following parcels of land as shown on the Assessor’s maps as follows for the purpose of sale of the parcels and to authorize the Board of Selectmen to sell and convey said parcels on such terms and conditions as the Board of Selectmen may determine, or act anything thereon.  

Map # 

Parcel #

Location

Land Area

048

3042

West Grove Street

28.6 acres

048

3832

West Grove Street

5.0 acres

Motion:

I move to transfer to the Board of Selectmen the care, custody, management and control of the following parcels of land as shown on the Assessor’s maps as follows for the purpose of sale of the parcels and to authorize the Board of Selectmen to sell and convey said parcels on such terms and conditions as the Board of Selectmen may determine, or act anything thereon.

Map #              Parcel #            Location                                   Land Area

 

048                  3042                West Grove Street                    28.6 acres

048                  3832                West Grove Street                    5.0 acres

 

Favorable Action on this article will authorize the sale of 33.6 acres of land owned by the Town and located on West Grove Street across from the Stop & Shop.

 

 

Article 21

 

To see if the Town will vote to accept Willowtree Lane as a Town way as laid out by the Board of Selectmen and to authorize the Selectmen to acquire by eminent domain or by gift the fee in the way as shown on the road layout plan, on file with the Town Clerk entitled “Road Layout for Willowtree Estates in Middleboro Massachusetts” dated August 19, 2005 revised through January 23, 2007, drawn by Outback Engineering, Inc., and any related easements, or act anything thereon.

 

Motion:

 

I move to accept Willowtree Lane as a Town way as laid out by the Board of Selectmen and to authorize the Selectmen to acquire by eminent domain or by gift the fee in the way as shown on the road layout plan, on file with the Town Clerk entitled “Road Layout for Willowtree Estates in Middleboro Massachusetts” dated August 19, 2005 revised through January 23, 2007, drawn by Outback Engineering, Inc., and any related easements.

 

Favorable Action will accept Willowtree Lane as a Town way.

 

 

Article 22

 

To see if the Town will vote to adopt the following By-law, or act anything thereon:

 

 

 

Right to Farm By-Law

 

Section 1  Legislative Purpose and Intent

The purpose and intent of this By-law is to state with emphasis the Right to Farm accorded to all citizens of the Commonwealth under Article 97, of the Constitution, and all state statutes and regulations there under including but not limited to Massachusetts General Laws Chapter 40A, Section 3, Paragraph 1; Chapter 90, Section 9, Chapter 111, Section 125A, and Chapter 128, Section 1A.  We the citizens of Middleborough restate and republish these rights pursuant to the Town's authority conferred by Article 89 of the Articles of Amendment of the Massachusetts Constitution, ("Home Rule Amendment").

This General By-law encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmlands within the Town of Middleborough by allowing agricultural uses and related activities to function with minimal conflict with abutters and Town agencies.  This By-law shall apply to all jurisdictional areas within the Town.

Section 2   Definitions

The word "farm" shall include any parcel or contiguous parcels of land, or water bodies used for the primary purpose of commercial agriculture, or accessory thereto.

The words "farming" or agriculture" or their derivatives shall include, but not be limited to the following:

  • farming in all its branches and the cultivation and tillage of the soil;
  • dairying;
  • production, cultivation, growing, and harvesting of any agricultural, aquacultural, floricultural, viticultural, or horticultural commodities;
  • growing and harvesting of forest products upon forest land, and any other forestry or lumbering operations;
  • raising of livestock including horses;
  • keeping of horses as a commercial enterprise; and
  • keeping and raising of poultry, swine, cattle, ratites (such as emus, ostriches, and rheas) and camelids (such as llamas and camels), and other domesticated animals for food and other agricultural purposes, including bees and fur-bearing animals.

"Farming" shall encompass activities including, but not limited to, the following:

  • operation and transportation of slow-moving farm equipment over roads within the Town;
  • control of pests, including, but not limited to, insects, weeds, predators, and disease organism of plants and animals;
  • application of manure, fertilizers and pesticides;
  • conducting agriculture-related educational and farm-based recreational activities, including agri-tourism, provided that the activities are related to marketing the agricultural output or services of the farm;
  • processing and packaging of the agricultural output of the farm and the operation of a farmer's market or farm stand including signage thereto;
  • maintenance, repair, or storage of seasonal equipment, or apparatus owned or leased by the farm owner or manager used expressly for the purpose of propagation, processing, management, or sale of the agricultural products; and
  • on-farm relocation of earth and the clearing of ground for farming operations.

Section 3      Right to Farm Declaration

The Right to Farm is hereby recognized to exist within the Town of Middleborough.  The above-described agricultural activities may occur on holidays, weekdays, and weekends by night or day and shall include the attendant incidental noise, odors, dust, and fumes associated with normally accepted agricultural practices.  It is hereby determined that whatever impact may be caused to others through the normal practice of agriculture is more than offset by the benefits of farming to the neighborhood, community, and society in general.  The benefits and protections of this By-law are intended to apply exclusively to those commercial agricultural and farming operations and activities conducted in accordance with generally accepted agricultural practices.  Moreover, nothing in the Right to Farm By-law shall be deemed as acquiring any interest in land, or as imposing any land use regulation, which is properly the subject of state statute, regulation, or local zoning law.

Section 4   Disclosure Notification

Within 30 days after this By-Law becomes effective, the Board of Selectmen shall prominently post in the Town Hall and make available for distribution the following disclosure:

"It is the policy of this community to conserve, protect, and encourage the maintenance and improvement of agricultural land for the production of food, and other agricultural products, and also for its natural and ecological value.  This disclosure notification is to inform buyers or occupants that the property they are about to acquire or occupy lies within a town where farming activities occur.  Such farming activities may include, but are not limited to, activities that cause noise, dust, and odors.  Buyers or occupants are also informed that the location of property within the Town may be impacted by commercial agricultural operations including the ability to access water services for such property under certain circumstances."

In addition to the above, copies of this disclosure notification shall be available in a public area at the Town Hall, Town Clerk, and posted in the Middleborough Public Library.

Section 5     Resolution of Disputes

Any person who seeks to complain about the operation of a farm may, notwithstanding pursuing any other available remedy, file a grievance with the Select Board, the Zoning Enforcement Officer, or the Board of Health, depending upon the nature of the grievance.  The filing of the grievance does not suspend the time within which to pursue any other available remedies that the aggrieved may have.  The Zoning Enforcement Officer or Select Board may forward a copy of the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance, and report its recommendations to the referring Town authority within an agreed upon time frame.

The Board of Health, except in cases of imminent danger or public health risk, may forward a copy of the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance, and report its recommendations to the Board of Health within an agreed upon time frame.

Section 6     Severability Clause

If any part of this By-law is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this By-law.  The Town of Middleborough hereby declares the provisions of this By-law to be severable.

 

Motion:

 

I move to adopt the following By-law:  (listed above)

 

Favorable Action will adopt a Right-to-Farm By-law.

 

 

Article 23

 

To see if the Town will vote to amend the Zoning By-law as follows: 

 

Add to Section V - Area Regulations as subsections V.A.7., V.B.7. and V.F.7. the following :

 

 

“No dwelling building or structure having a permitted use in this District shall hereafter be erected, placed, altered or converted on any lot unless the primary vehicular access to the dwelling, building or structure is over the lot’s required street frontage and the access between the street frontage and the dwelling building or structure is entirely in, on or over the lot.  Primary vehicular access for purpose of this subsection shall mean the location of the principal way of passing by vehicle from a street which provides the frontage for the lot to the dwelling, building or structure on the lot.”  This sub-section shall not apply to lots shown on a plan referred to in Chapter 41, Section 81P (Approval Not Required Plan) for a period of three years from the date of endorsement by the Planning Board that approval under the Subdivision Control Law is not required, or words of similar import, provided that the plan was submitted to the Planning Board and written notice of such submission was given to the Town Clerk prior to the adoption of this sub-section.

 

or act anything thereon.

 

Motion:

 

I move to amend the Zoning By-law as follows: 

 

Add to Section V - Area Regulations as subsections V.A.7., V.B.7. and V.F.7. the following :

 

 

“No dwelling building or structure having a permitted use in this District shall hereafter be erected, placed, altered or converted on any lot unless the primary vehicular access to the dwelling, building or structure is over the lot’s required street frontage and the access between the street frontage and the dwelling building or structure is entirely in, on or over the lot.  Primary vehicular access for purpose of this subsection shall mean the location of the principal way of passing by vehicle from a street which provides the frontage for the lot to the dwelling, building or structure on the lot.”  This sub-section shall not apply to lots shown on a plan referred to in Chapter 41, Section 81P (Approval Not Required Plan) for a period of three years from the date of endorsement by the Planning Board that approval under the Subdivision Control Law is not required, or words of similar import, provided that the plan was submitted to the Planning Board and written notice of such submission was given to the Town Clerk prior to the adoption of this sub-section.

 

Favorable Action will amend the Zoning By-laws to require access to a building or structure on a lot to be over the required street frontage of the lot.

 

 

Article 24

 

To see if the Town will vote to amend Section XVII (Business District) of the Zoning By-law as follows:

 

1.         Delete Section A (Permitted Uses) and adopt the following in its place:

  1. PERMITTED USES.  All permitted uses shall be subject to Site Plan Review as set forth in Section F and the Sign Standards as set forth in Section G below. 

1.      Religious, educational, municipal, or governmental uses and child care facilities provided, however, that such land or structures are subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot areas, setbacks, open space, parking, and building coverage requirements as may be adopted by the Board of Appeals.  Compliance with such regulations shall be determined by the Board of Appeals at a public hearing.  Notice of a public hearing shall be given in accordance with requirements applicable to public hearings under Massachusetts General Laws Chapter 40A, Section 11 including without limitation by publication, posting and notice to parties in interest.

2.      Agricultural, horticultural or viticultural activities or sale of products grown on the site.

3.   The following uses are permitted by right provided that the footprint of any building does not exceed 10,000 square feet:

                                           a.      Museums

                                          b.      Commercial office, retail sales facility, service business, restaurant, bank, medical clinic, funeral home, printing shop, personal fitness center, hair salon, movie theatre, small machinery repair (lawn mowers etc.), indoor flea market, food processing/packaging with onsite retail sales, light manufacturing and assembly as an accessory use to an onsite retail operation.

                                           c.      Bed and breakfast; or, home occupation or profession with 3 employees or less in conformance with Section IV.A.1.e. of this By-law; in existing residential dwellings

 

2.         Delete Section B.5 and adopt the following in its place:

5.   Any uses allowed in Section A.3 above when the footprint of the building exceeds 10,000 square feet.

 

or act anything thereon.

 

Motion:

 

I move to vote to amend Section XVII (Business District) of the Zoning By-law as follows:

 

1.         Delete Section A (Permitted Uses) and adopt the following in its place:

  1. PERMITTED USES.  All permitted uses shall be subject to Site Plan Review as set forth in Section F and the Sign Standards as set forth in Section G below. 

1.      Religious, educational, municipal, or governmental uses and child care facilities provided, however, that such land or structures are subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot areas, setbacks, open space, parking, and building coverage requirements as may be adopted by the Board of Appeals.  Compliance with such regulations shall be determined by the Board of Appeals at a public hearing.  Notice of a public hearing shall be given in accordance with requirements applicable to public hearings under Massachusetts General Laws Chapter 40A, Section 11 including without limitation by publication, posting and notice to parties in interest.

2.      Agricultural, horticultural or viticultural activities or sale of products grown on the site.

3.   The following uses are permitted by right provided that the footprint of any building does not exceed 10,000 square feet:

                                          d.      Museums

                                           e.      Commercial office, retail sales facility, service business, restaurant, bank, medical clinic, funeral home, printing shop, personal fitness center, hair salon, movie theatre, small machinery repair (lawn mowers etc.), indoor flea market, food processing/packaging with onsite retail sales, light manufacturing and assembly as an accessory use to an onsite retail operation.

                                            f.      Bed and breakfast; or, home occupation or profession with 3 employees or less in conformance with Section IV.A.1.e. of this By-law; in existing residential dwellings

 

2.         Delete Section B.5 and adopt the following in its place:

5.   Any uses allowed in Section A.3 above when the footprint of the building exceeds 10,000 square feet.

 

Favorable Action will further regulate uses in the Business District.

 

 

Article 25

 

To see if the Town will vote to amend Section V (Area Regulations) of the Zoning Bylaw as follows:

 

Remove Section V-J-2-k of the Zoning By-law and add the following in its place: 

k.           A Retreat Lot and its access area shall serve as access to the Retreat Lot and no other lot.

 

 

Remove Section V-J-2-l of the Zoning By-law and add the following in its place: 

l.          Access to a dwelling on a Retreat Lot shall be exclusively within the Retreat Lot including through the access area of the Retreat Lot.

 

Motion:

 

I move to amend Section V (Area Regulations) of the Zoning Bylaw as follows:

 

Remove Section V-J-2-k of the Zoning By-law and add the following in its place: 

k.           A Retreat Lot and its access area shall serve as access to the Retreat Lot and no other lot.

 

 

Remove Section V-J-2-l of the Zoning By-law and add the following in its place: 

l.          Access to a dwelling on a Retreat Lot shall be exclusively within the Retreat Lot including through the access area of the Retreat Lot.

 

Favorable Action will further regulate Retreat Lots as part of the Zoning By-laws.

 

 

Article 26

 

To see if the Town will vote to amend the Zoning By-law and Zoning Map as follows:

1.                 Add Section XVIII Commercial Development District to the Zoning By-law:

 

SECTION XVIII

COMMERCIAL DEVELOPMENT (CD) DISTRICT

 

A.      The purpose of the Commercial Development (CD) District is to encourage commercial uses that provide employment opportunities and offer needed goods and services, while not creating undue congestion, overburdening Town infrastructure, causing environmental harm or creating nuisance or hazard to neighboring residential uses.

Within the CD District, as indicated on the Zoning Map, no building or premises shall be used and no building or structure shall be erected which is intended or designed to be used, in whole or in part, for other than one or more of the following specified uses:

B.      PERMITTED USES:

         Religious, educational, municipal, or governmental, uses and child care facility provided, however, that such land or structures are subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot areas, setbacks, open space, parking, and building coverage requirements as may be adopted by the Zoning Board of Appeals. Agricultural, horticultural, floricultural and viticultural uses.

C.      USES ALLOWED BY SPECIAL PERMIT:

         The following uses are allowed by Special Permit only.  The Special Permit Granting Authority (SPGA) for the CD District shall be the Planning Board.

1.      Retail sales including but not limited to grocery stores, shopping centers (except filling stations for gasoline, diesel fuel, liquid propane and automobile and RV dealerships).

2.      Restaurant or other facility serving food or alcoholic beverages for retail sale on premises.

3.      Recreation, entertainment or sports  facility.

4.      Professional or business office.

5.      Bank or other financial institution

6.      Service business, including retail service and personal service business such as a barber shop, beauty parlor or health spa. 

7.      Theater

8.      Medical, dental or optical office, clinic or laboratory.

9.      Personal fitness center.

10.  Hotel or motel.

11.  Light manufacturing and assembly, including food processing/packaging, as an accessory use to an onsite retail operation of which such light manufacturing and assembly accessory use does not exceed 15 percent of the total floor area of the retail operation, with a maximum 15,000 square feet.

12.  Wholesale sales outlets as an accessory use to a retail sales outlet, of which such wholesale sales outlet use does not exceed 15 percent of the total floor area of the retail sales outlet, with a maximum  15,000 square feet.

13.  Any use determined by the SPGA to be of a character similar to any Special Permit Use set forth herein.

 D. PROHIBITED USES: All uses that are not listed as a Permitted Use in Section B or a Special Permit Use in Section C above are prohibited.  Such prohibited uses include but are not limited to the following:

1.      Residential uses

2.      Warehouse, distribution, manufacturing and industrial uses

3.   Adult book stores, adult motion picture theaters, adult paraphernalia stores, adult video stores and nude dancing establishments (as defined in M.G.L. Chapter 40A, Section 9A.)

4.      Self-Storage Facility

5.      Veterinary office or hospital.

6.      Automotive service or repair facility

7.   Automobile and RV dealerships

8.   Filling stations for gasoline, diesel fuel, liquid propane

9.   Onsite Dry Cleaners

E.   DIMENSIONAL  STANDARDS

1.      All lots shall have a minimum continuous street frontage of 150 feet and a minimum area of 43,560 square feet.  The lot width at the front building setback line shall be a minimum 80% of the required street frontage.

2.      Buildings or structures shall be set back as follows (for parking areas see Section H below):

a.   Setback from existing or proposed street lines shall be no less than 40 feet.

b.  Setback from common access driveways shall be no less than 25 feet.

c.   Setback from all other perimeter property lines to be no less than 25 feet

d.   Setback from any abutting residential district shall be no less than 100 feet and the setback area shall be landscaped or otherwise improved or maintained in it’s natural state as approved by the SPGA to visually screen and mitigate the residential district from noise, light and nuisance. The SPGA may reduce the setback provided that the applicant proposes mitigation and upon the finding by the SPGA that the proposed mitigation is equal to or will exceed the mitigation that would be provided by a setback of at least 100 feet and will be sufficient to ensure that the CD use will not be detrimental to the established or future character of the neighborhood and Town and there will be no nuisance or hazard. In no case shall the setback from a residential district be less than 50 feet. Earth berms, walls, fencing, landscaping and/or screening shall be provided to control noise, lights, dust, to provide shade, and to visually screen commercial use from residential use. Earth berms where used should vary in width and height throughout their length in order to achieve topographical relief and to appear to occur naturally.  Fences or walls if used shall be landscaped on both sides to be aesthetically pleasing.

 

3.     The maximum height of any building shall not exceed 42 feet. Height shall be measured from the finished grade at the lowest point at the foundation around the building or structure, to the highest point of the building or structure or to the peak of a sloping roof.  Roof-top units such as air conditioners, elevator shafts, chimneys, ventilating units, heaters or water tanks and parapets or other forms of physical screening are allowed on top of buildings or structures provided their addition does not cause the building to exceed fifty (50’) feet in height, and further provided that any roof-top unit, with the exception of chimneys, shall be set back or physically screened so as to not be visible from abutting roadways.

4.   Light standards shall not exceed 35 feet in height.  Interior and exterior lights, including lighted signs, must not be directed toward public streets in such a way as to create glare, distraction, or confusion with traffic signals or signs.  All artificial lighting shall be arranged and shielded so as to prevent direct glare from the light source onto any public way or any other property.  Lighting in the Project shall be designed and constructed so as to be downward facing and reduce ambient reflection to the maximum extent practicable.

5.   Total impervious area shall not exceed sixty-five (65%) percent of the lot area.  Minimum open space shall be no less than thirty-five (35%) percent of the lot area. 

6.   No building or structure having a permitted use in this District shall hereafter be erected, placed, altered or converted on any lot unless the lot has a Space Factor (SF) of 40.0 or less. Shape Factor shall be determined by dividing the square of the perimeter of the lot by the area of the lot:  SF=P2/A.    A lot may have a Shape Factor exceeding 40.0 if a portion of the lot itself meets the minimum lot area requirement and has a shape factor of 40.0 or less and which portion includes minimum lot area, minimum street frontage, building envelope and minimum lot width at the street setback line, as required by this Zoning By-law.

 

F.   DEVELOPMENT STANDARDS

1.   Multiple buildings are allowed on each lot and more than one use may be allowed in each building, provided all uses are permitted within the district.

2.         All water, sewer, gas, electric, and other utility services shall be underground.

3.   Waste materials shall be stored in closed containers.  Waste containers, compactors or other material which cannot be safely stored within a building shall be screened on all sides by an opaque fence or wall six feet high.  Uses with on‑site litter disposal, such as fast food restaurants, shall be fenced to prevent litter blowing from property.

4.       Maximum height of fences or walls shall be six feet unless approved by SPGA. 

5.       All outside storage, including storage and display of building materials, plant materials and equipment for sale, must be contained within the buildable area of the lot and shall not project into setback or open space areas.

6.       The SPGA will evaluate the appropriateness of the mass and scale of the proposed development with respect to the surrounding area or the Town of Middleborough as a whole.

7.       Parking and drainage facilities, signs and required screening and landscaping shall be continuously maintained in good condition and appearance, and shall be repaired or replaced as necessary.

G.   SIGNS

1.   All signs shall be firmly affixed to a foundation or building, excluding real estate "for sale" or "for lease" signs.  No flashing light or moving parts are permitted.

2.   One freestanding sign is allowed for frontage up to 300 feet plus one for each additional full 300 feet of frontage.  Total display area of all freestanding signs shall not exceed one square foot per side for each two linear feet of frontage.

3.   Other signs may be attached to a building provided that the total area of such signs not exceed 10 percent of the gross unglazed wall area and not extend above or beyond the edge of wall.

4.   Other signs may be attached inside windows of a building provided that the total area of such signs not exceed 10 percent of the gross glazed area.

5.   Free‑standing display signs may not exceed thirty‑five (35) feet in height and no part of any sign may be less than five (5) feet from any property line.

6.   In addition to these standards, two directional signs not to exceed 2 square feet each, may be placed at each entrance or egress to property.

7.   One site identification sign of up to thirty‑two (32) square feet in area may be erected while the site is under construction.

8.   Banners and other temporary signs, including signs mounted on trailers and movable stands, may be allowed by the SPGA for temporary uses only and for a specifically limited time.

H.   OFF-STREET PARKING

1.      All buildings or structures shall be provided with sufficient off‑street parking space to meet the needs of persons employed at or making use of such buildings or structures; to reduce hazards and nuisance to pedestrians and abutters; to reduce congestion in the streets and contribute to traffic safety.

2.   Off‑Street parking facilities shall be provided for each type of use in accordance with the following Table:

 

                        TABLE OF OFF-STREET PARKING REGULATIONS

                        (See notes at end of Table for explanation of symbols)

 

PRINCIPAL USE                                                     MINIMUM NUMBER OF PARKING SPACES #*

 

Hotel or Motel                                                         1 per unit; PLUS 1 per two (2)

                                                                                   employees (also add spaces

                                                                                   for restaurant or assembly uses)

 

Day Care Center                                                      1 per four (4) occupants; PLUS         1 per each employee

 

Clubs, lodges, social and                                       1 per 250 sq. ft. of gross floor area;

community center buildings                                  PLUS 1 per two employees

 

Recreation Facility                                                  1 per four (4) occupants or, in the

(including commercial facility)                              case of a non‑structural facility

                                                                                   1 per four (4) persons the facility is

                                                                                   intended to accommodate

 

Restaurants, Bars, Theaters,                                 1 per three (3) occupants; PLUS

Conference Centers                                                1 per two (2) employees

and other similar places of                                    

assembly

 

Fast Order Food Establishment +,                        1 per two (2) occupants; PLUS

including Drive‑in Food Service                           1 per two (2) employees **

Establishment

 

Church or similar place of                                      1 per three (3) occupants; PLUS

assembly                                                                  1 per two (2) employees

 

Offices of a Physician,                                           1 per 200 sq. ft. of gross floor area;

Dentist, Veterinarian,                                              OR 3 per medical practitioner,

Chiropractor or Similar Medical                            whichever is greater

Practitioner; or Clinic

 

Non‑Medical Offices                                              1 per 250 sq. ft. of gross floor area,

                                                                                   OR 1 per two (2) employees

                                                                                   whichever is greater

 

Bank                                                                          1 per 200 sq. ft. of gross floor area

                                                                                  

Barber shop, Beauty Parlor                                   3 per operator's station

or Health Spa                                                          

 

Personal Fitness Center                                         .75 per occupant; PLUS 1 per two    (2) employees

 

Personal, Consumer and                                        1 per 250 sq. ft. of gross floor area;

Retail Services                                                         PLUS 1 per employee

 

Retail Sales                                                               1 per 250 sq. ft. of gross floor area

 

Convenience Store                                                 1 per 150 sq. ft. of gross floor area  

Other Business, Institutional                                1 per 300 sq. Ft. of gross floor area:

or Professional Uses Not                                       PLUS 1 per two (2) employees

Specified

                                                                                                               

 

NOTES

*Gross Floor Area is the sum of the area of all stories of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, including any floor area below grade when used for office, business, storage or other purposes, but excluding any area used exclusively for heating, air conditioning or other mechanical equipment, and excluding floor area intended or designed for accessory off‑street parking.

 

** Such establishments which do not provide indoor seating for at least 20 customers shall be required to have a minimum of 10 parking spaces, plus at least one space for each two employees.

 

# When used to calculate the number of parking spaces required, occupants means design occupancy load as determined by the State Building Code, and the number of employees shall be construed as the normal maximum number of persons employed on the premises at any one time.

 

+ Fast Order Food Establishment: An establishment whose primary business is the sale of food for consumption on or off the premises which is: primarily intended for immediate consumption rather than for use as an ingredient or component of meals; available upon a short waiting time; and packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold. Drive‑in Food Service Establishment is a fast order food establishment which provides convenient vehicular access and may provide service to customers while in their vehicles.

 

3.   Common Parking Areas may be used for two or more uses, if the total space provided is not less than the sum of the spaces required for each use individually.  The SPGA may reduce the number of spaces required to be built in a common parking facility up to one‑half such sum, if it can be demonstrated to the satisfaction of the SPGA that the hours or days of peak parking need for the uses are so different that a lower total will provide adequately for all uses served by the facility.  However the land area necessary to allow the construction of the remainder of the required parking spaces shall be reserved on each lot as open space; provided that reserved area shall not be used for purposes of calculating the Lot's compliance with the minimum open space requirements set forth herein and provided further that the reserved area if built as a parking area would fully comply with the requirements of this by-law.  Change in use, major alteration or change in characteristics of existing use in the opinion of the Zoning Enforcement Officer shall be presented to the SPGA. The SPGA shall review and determine if said change will result in the need for construction of the reserved parking spaces.  The SPGA may then require construction of the reserved parking spaces.

4.       In the event of multiple uses, the number of spaces required shall be based on the number of square feet of building area in each use.

5.      Required off‑street parking facilities shall be provided on the same lot or premises as the principal use they are intended to serve, unless a common parking area is allowed.

6.