VOTE TAKEN AT
The meeting was called to order by Moderator John Bowen
at 1:00 pm. Town Clerk Denise L.
MacAloney read the constable's return of the warrant. Robert Sampson and Stanley Skamarycz were sworn
in as counters for the meeting. A total
of 219 voters attended the town meeting.
This represents a four (4) percent turnout.
Keith Harding presented the Advisory Board's State of the
Town. The following non-voters were
given permission by the voters to address the Town Meeting when
appropriate: Joshua Hall-Interim DPW
Director, Michael Cunningham-SEA Consultant, Karen Murphy-Town Coordinator,
Janet Morrison, Wibbie Swedberg-Board of Health Agent, Michael Zapantis-Superintendent
of Schools, and Alan Seewald-Town Counsel.
An affirmative vote was taken at
this time to accept the provisions of MGL Chapter 39, Section 15, which allows
the Moderator to dispense with a count in matters requiring a two-thirds vote
by statute, where the vote is unanimous or clearly overwhelming at this Annual
Town Meeting.
CUSTOMARY ARTICLES
ARTICLE 1. Voted
to authorize the Board of Selectmen to enter into a contract with the
Massachusetts Highway Department or other appropriate state agency for the
construction and maintenance of public highways for the ensuing fiscal year.
ARTICLE 2. Voted
pursuant to Chapter 40, section 4 of the General Laws to authorize the Board of
Selectmen to enter into any and all contracts on behalf of the Town for the
ensuing fiscal year unless otherwise provided by law, on such terms and
conditions as are in the best interest of the Town.
ARTICLE 3. Reports
of the following committees appointed to act on Town affairs were presented:
Town Hall Reuse Committee-Beth
D'Onfro
250th Anniversary
Committee-Lorraine Emerson
Citizen's Advisory Committee for
the Comprehensive Wastewater Management Plan-Wyn Paiste, Chairman
and Michael Cunningham, SEA
Engineer
ARTICLE 4. Voted to authorize the establishment
of a Hazardous Materials Recovery Revolving Account as provided for under
section 53E1/2 of Chapter 44 of the Massachusetts General Laws, into which
account receipts for charges to responsible parties for the disposal of
hazardous materials collected pursuant to Chapter 251, section 8 of the Town
Bylaws shall be deposited, and to authorize the Fire Chief to expend funds
received and deposited into said account for the purpose of paying expenses
incurred by the Fire Department for the recovery and disposal of hazardous
materials, and that the total amount which may be expended in the current
fiscal year for this purpose shall not exceed $12,000.
OPERATING BUDGETS
ARTICLE 5. Voted
to fix the compensation of officers, provide for a Reserve Fund, and determine
what sums of money the Town will raise and appropriate, including
appropriations from available funds, to defray charges and expenses of the
Town, including debt and interest, for the ensuing fiscal year as follows:
AMOUNT APPROPRIATED
|
Town Moderator |
Salary |
$200 |
|
|
|
|
|
Selectmen |
Temp Labor Salary |
4,000 |
|
|
Stipends |
4,500 |
|
|
Expenses |
3,600 |
|
|
Lease Copiers |
12,000 |
|
|
|
10,000 |
|
|
|
|
|
Coordinator |
Salaries |
74,700 |
|
|
Expenses |
800 |
|
|
|
|
|
Advisory Board |
Expenses |
4,450 |
|
|
|
|
|
Reserve Fund |
Expenses |
30,000 |
|
|
|
|
|
Accountant |
Stipends |
2,500 |
|
|
Salaries |
66,230 |
|
|
Expenses |
13,800 |
|
|
|
|
|
Assessors |
Stipends |
3,945 |
|
|
Salaries |
42,413 |
|
|
Expenses |
18,250 |
|
|
|
|
|
Treasurer/Collector |
Stipends |
1,000 |
|
|
Salaries |
95,522 |
|
|
Expenses |
12,216 |
|
|
|
|
|
Legal |
Expenses |
60,000 |
|
|
|
|
|
Personnel Administration |
Salaries |
49,975 |
|
|
Expenses |
6,370 |
|
|
|
|
|
Data Processing |
Expenses |
60,500 |
|
|
|
|
|
Town Clerk |
Stipends |
1,175 |
|
|
Salaries |
73,911 |
|
|
Expenses |
6,365 |
|
|
|
|
|
Elections |
Stipends |
600 |
|
|
Salaries |
7,332 |
|
|
Expenses |
12,290 |
|
|
|
|
|
Conservation |
Salary |
4,690 |
|
|
Expenses |
1,080 |
|
|
|
|
|
Town Planner |
Salary |
52,017 |
|
|
Expenses |
2,050 |
|
|
|
|
|
Planning Board |
Salary |
6,075 |
|
|
Expenses |
1,000 |
|
|
|
|
|
Board of Appeals |
Expenses |
2,525 |
|
|
|
|
|
Public Property & Buildings |
Salaries |
120,932 |
|
|
Expenses |
227,350 |
|
|
|
|
|
Town Report |
Expenses |
3,750 |
|
|
|
|
|
Crocker Pond |
Salaries |
15,965 |
|
|
Expenses |
11,650 |
|
|
|
|
|
Police/Dispatch |
Salaries |
1,366,913 |
|
|
Expenses |
210,502 |
|
|
|
|
|
Fire |
Salaries |
775,861 |
|
|
Expenses |
110,013 |
|
|
|
|
|
Ambulance |
Salaries |
54,321 |
|
|
Expenses |
61,235 |
|
|
|
|
|
Building Department |
Salaries |
100,885 |
|
|
Building Commissioner Stipend |
2,750 |
|
|
Local Inspector Stipend |
21,111 |
|
|
Gas Inspector Stipend |
2,340 |
|
|
Wiring Inspector Stipend |
21,111 |
|
|
Plumbing Inspector Stipend |
11,695 |
|
|
Expenses |
17,460 |
|
|
|
|
|
Animal Control |
Salary |
13,743 |
|
|
Expenses |
11,790 |
|
|
|
|
|
Tree Warden |
Salary |
2,274 |
|
|
Expenses |
20,000 |
|
|
|
|
|
Emergency Planning |
Stipend |
1,000 |
|
|
Expenses |
7,083 |
|
|
|
|
|
K-12 Schools |
|
4,935,953 |
|
|
Additional Funds |
1,776,860 |
|
|
Transportation |
635,284 |
|
|
Community Service |
4,368 |
|
|
Meetinghouse & Overlook Debt |
220,911 |
|
|
WES Bond |
367,940 |
|
|
Oakmont Bond |
348,075 |
|
|
Oakmont Field Bond |
81,658 |
|
|
|
|
|
Monty Tech |
|
375,183 |
|
|
Additional Funds |
60,250 |
|
|
Bond |
5,446 |
|
|
|
|
|
Highway Administration |
Salaries |
228,849 |
|
|
|
|
|
Highway Department |
Salaries |
465,753 |
|
|
Expenses |
247,400 |
|
|
|
|
|
Snow and Ice Control |
Salaries |
52,000 |
|
|
Expenses |
298,100 |
|
|
|
|
|
Street Lighting |
Expenses |
21,000 |
|
|
|
|
|
Cemetery Department |
Salaries |
85,268 |
|
|
Expenses |
10,890 |
|
|
|
|
|
Health Department |
Stipends |
3,060 |
|
|
Salaries |
95,849 |
|
|
Expenses |
6,700 |
|
|
|
|
|
Council on Aging |
Salaries |
18,540 |
|
|
Expenses |
11,400 |
|
|
|
|
|
Veteran’s Services |
Salaries |
4,810 |
|
|
Expenses |
620 |
|
|
|
|
|
Veteran’s Assistance |
Expenses |
10,000 |
|
|
|
|
|
MART |
Salaries |
65,356 |
|
|
Expenses |
7,450 |
|
|
|
|
|
Library |
Salaries |
192,494 |
|
|
Expenses |
124,689 |
|
|
|
|
|
Recreation Department |
Salaries |
11,444 |
|
|
Expenses |
16,515 |
|
|
|
|
|
Concerts |
Expenses |
3,000 |
|
|
|
|
|
|
Expenses |
300 |
|
|
|
|
|
Historical Commission |
Expenses |
1,600 |
|
|
|
|
|
Memorial Day |
Expenses |
1,450 |
|
|
|
|
|
Care of Town Clock |
Expenses |
250 |
|
|
|
|
|
Town Debt Retirement |
Total Expenses |
848,719 |
|
|
|
|
|
Town Debt Interest |
Total Expenses |
223,592 |
|
|
|
|
|
Regional Planning Council |
Expenses |
1,901 |
|
|
|
|
|
Retirement and Pensions |
Expenses |
353,443 |
|
|
|
|
|
Group Health Insurance |
Expenses |
643,500 |
|
|
|
|
|
Group Life Insurance |
Expenses |
6,500 |
|
|
|
|
|
Other Insurance |
|
236,700 |
And further voted to
appropriate the total sum of $17,050,885 and to meet that appropriation as
follows:
Raise
and appropriate $ 16,901,664
Transfer
$146,876 from the Ambulance Receipts Reserved Account,
Transfer
$2,345 from the Wetlands Filing Fees Account
Voted to advance ARTICLE 43
(Sewer Enterprise budget)
ARTICLE 43. Voted
the following sums be approved for the operation of the Sewer Enterprise.
|
Salaries |
27,736 |
|
Expenses |
353,450 |
|
Debt Principal |
235,000 |
|
(Sewer Ext) |
|
|
Debt Interest |
98,114 |
|
(Sewer Ext) |
|
|
Reserve Fund |
10,000 |
|
SUBTOTAL |
724,300 |
|
|
|
|
Shared Costs |
83,643 |
|
TOTAL |
807,943 |
Further, that of said sums,
an appropriation of $724,300 be raised as follows:
$236,000 Retained Earnings
$166,557 General Fund Subsidy (Tax Levy)
$321,743 From available departmental receipts,
investment
earnings, and other revenues
of
the Sewer
(Note: Shared costs have been appropriated in the
general fund.)
ARTICLE 6. Voted
the following sums be approved for the operation of the Water Enterprise.
|
Salaries |
154,281 |
|
Expenses |
261,425 |
|
Capital Outlay |
88,963 |
|
Reserve Fund |
10,000 |
|
SUBTOTAL |
514,669 |
|
|
|
|
Shared Costs |
165,242 |
|
TOTAL |
679,911 |
Further, that of said sums,
an appropriation of $514,669 be raised as follows:
$247,000 Retained Earnings
$
17,793 General Fund Subsidy
(Tax Levy)
$249,876 From available departmental receipts,
investment
earnings, and other revenues
of
the Water
(Note: Shared costs have been appropriated in the
general fund.)
ARTICLE 7. Voted
the following sums be approved for the operation of the Solid Waste Transfer
Facility Enterprise.
|
Salaries |
0 |
|
Expenses |
231,700 |
|
Reserve Fund |
0 |
|
SUBTOTAL |
231,700 |
|
|
|
|
Shared Costs |
14,848 |
|
TOTAL |
246,548 |
Further, that of said sums, an
appropriation of $231,700 be raised from available departmental receipts,
investment earnings, and other revenues of the Solid Waste Transfer Facility
Enterprise.
(Note: Shared costs have been appropriated in the
general fund.)
MISCELLANEOUS CAPITAL ARTICLE
ARTICLE 8. Voted to raise and appropriate
$60,000 for the abatement of hazardous materials and the demolition of
buildings located on town-owned property at
CUSTOMARY MONEY ARTICLES
ARTICLE 9. Voted to raise and appropriate
$500,000 for oiling, sealing, resurfacing, installing drainage or otherwise
reconstructing town roads.
ARTICLE 10. Voted
to Pass Over (raise and appropriate $500,000 to supplement the amount funded
under Article 9 to perform additional road improvements)
ARTICLE 11. Voted
to raise and appropriate $1,000 for the Conservation Fund as provided for in
Section 8C of Chapter 40 of the General Laws.
ARTICLE 12. Voted
to raise and appropriate $3,000 for the Westminster Cultural Council.
ARTICLE 13. Voted
to raise and appropriate $33,700 to purchase a police cruiser and related
equipment for the Police Department, said appropriation to include the trade-in
of a Police Department vehicle.
ARTICLE 14. Voted
to raise and appropriate $120,594 for the operating budget of the
Ashburnham-Westminster Regional School District, in addition to the sum voted
under Article 5 for said operating budget, provided that no funds voted under
this article shall be appropriated unless the Town has first voted by ballot at
a special election to exempt this expenditure from the provisions of
Proposition two and one-half, and further provided that the Town of Ashburnham
also votes to appropriate its assessed share of said operating budget.
ARTICLE 15. Voted
to raise and appropriate $10,000 for expenses of the 250th
Anniversary Committee.
ARTICLE 16. Voted
to raise and appropriate $1,000 to provide grant writing services for the
Historical Commission.
ARTICLE 17. Voted
to transfer $5,000 from the Information Technology & Telecommunications
Stabilization Fund for the purchase of emergency communication equipment for
the Emergency Management Department.
(2/3 vote required)
Unanimous Vote
ARTICLE 18. Voted
to transfer $1,500 from the Information Technology & Telecommunications
Stabilization Fund for the purchase of cell phone amplifying equipment for the
Town’s emergency shelter located at the
(2/3 vote required)
Unanimous Vote
ARTICLE 19. Voted
to transfer $1,000 from the Information Technology & Telecommunications
Stabilization Fund for the purchase of a DVD/CD cleaning machine for the
Library.
(2/3 vote required)
Unanimous Vote
ARTICLE 20. Voted
to transfer $35,000 from the balance remaining in Article 28 of the May 1, 2004
Annual Town Meeting, for supplemental expenses of the Building Department,
Board of Health, Board of Assessors, and other land use related departments;
said sum to be used for the potential increase in building construction
activity for such purposes as retaining services to assist with the review and
evaluation of plans, conducting inspections, providing mileage reimbursement
for the use of personal vehicles, providing additional clerical assistance, and
any other related expenses; further, to provide consulting services for the
Department of Public Works; said sum to be spent under the direction of the
Town Coordinator.
ARTICLE 21. Voted
to raise and appropriate $50,000 to supplement gasoline and building utility
expenses for the various town departments; said sum to be spent under the
direction of the Town Coordinator.
ARTICLE 22. Voted
to Pass Over (funding to establish a “Tween” program for the Parks and
Recreation Department)
CAPITAL EXPENDITURES
ARTICLE 23. Voted
to transfer $16,200 from the Stabilization Fund for the purchase of
bullet-proof vests for the Police Department.
(2/3 vote required)
2/3 affirmative vote recognized (MGL Ch 39, Sect 15)
ARTICLE 24. Voted
to transfer $18,000 from the Information Technology and Telecommunications
Stabilization Fund for the purchase of GPS modems for Police Department
vehicles.
(2/3 vote required)
2/3 affirmative vote recognized (MGL Ch 39, Sect 15)
ARTICLE 25. Voted
to transfer $40,000 from the Capital Equipment & Improvements Stabilization
Fund for the purchase of a utility vehicle and related equipment for the Fire
Department.
(2/3 vote required)
Unanimous Vote
ARTICLE 26. Motion
did not pass (to transfer $135,000 from the Capital Equipment & Improvements
Stabilization Fund for the purchase of a dump truck with sander and related
equipment for the Highway Department)
(2/3 vote required)
YES - 73 NO -
44
ARTICLE 27. Voted
to transfer $115,000 from the Capital Equipment & Improvements Stabilization
Fund for the purchase of a sidewalk maintenance tractor for the Highway
Department.
(2/3 vote required)
2/3 affirmative vote recognized (MGL Ch 39, Sect 15)
ARTICLE 28. Voted
to transfer $40,000 from the Building Maintenance Stabilization Fund for building
improvements at the Highway garage, to include siding, window replacement, door
replacement and architectural/engineering and construction-related costs for
emergency backup power.
(2/3 vote required)
2/3 affirmative vote recognized (MGL Ch 39, Sect 15)
ARTICLE 29. Voted
to transfer $22,500 from the Information Technology & Telecommunications
Stabilization Fund for ongoing computer system updates and technology-related
items for the various town departments; said amount to be expended under the direction
of the Town Coordinator.
(2/3 vote required)
2/3 affirmative vote recognized (MGL Ch 39, Sect 15)
ARTICLE 30. Voted
to raise and appropriate $60,000 for the Town’s contribution to due diligence
costs related to the purchase of Conservation Restrictions in connection with
the Southern Monadnock Plateau Forest Legacy Project, to be placed on land
located on South Ashburnham Road and Bragg Hill Road, further identified as the
property shown on Westminster’s Assessors’ Map 18, Lots 9 and 10; Map 25, Lots
1, 2 and 8; Map 31, Lot 1; Map 46, Lots 1, 2, 3, 5, 6, 9 and 22, comprising
approximately 467 acres.
MISCELLANEOUS ARTICLES
Voted to advance Article 35
ARTICLE 35. Motion
did not pass (to approve the demolition of the
The meeting was recessed at 6:00 pm. until May 10 at 1:00
pm.
The meeting was reconvened on Saturday, May 10, 2008 and
called to order at 1:10 p.m. by Moderator John Bowen.
ARTICLE 31. Voted
to authorize the Board of Selectmen to accept a gift of land from Hager Realty
Trust, located off Hager Park Road (Route 140), being a portion of Assessors’
Map 137, Parcel 2 and shown as “Parcel A” on a plan prepared by Global
Engineering Consultants, dated 18 September 2007 and to also accept the gift of
a 20'wide access easement from Hager Realty Trust shown on said plan and
running easterly from Hager Park Road along the northerly side of Lot 1;
custody and control of said property to be held by the Hager Park Commission.
ARTICLE 32. Voted
to authorize the Board of Selectmen to enter into an intermunicipal agreement
with the Town of
ARTICLE 33. Voted to authorize the Board of
Selectmen to apply to the Economic Assistance Coordinating Council of the
Massachusetts Department of Economic Development for the designation of a new
Economic Opportunity Area to consist of approximately 254 acres in the Town of
|
ASSESSOR'S MAP/LOT |
ADDRESS |
ACRES |
OWNER |
|
71-2 |
No. Common Rd. (rear) |
152.90 |
|
|
72-1 |
|
42.46 |
|
|
76-12.3 |
Industrial Dr. |
6.03 |
|
|
76-12.4 |
Industrial Dr. |
4.39 |
|
|
76-12.5 |
Industrial Dr. |
3.90 |
|
|
77-12.1 |
|
41.76 |
|
|
77-12.2 |
|
2.55 |
|
and further to accept such financial and economic assistance
including tax incentives, for which the town may qualify in accordance with
Chapter 23A of the Massachusetts General Laws.
ARTICLE 34. Voted
to transfer custody and control of a parcel of land known as the “Wachusett
Rambler Recreation Area” located off Hager Park Road (Route 140), shown on
Assessors’ Map 137, Parcel 5 and more particularly described in a deed filed
with the Worcester Northern District Registry of Deeds, Book 1022, Page 372,
from the Westminster Conservation Commission to the Hager Park Commission; said
property to continue to be known as the “Wachusett Rambler Recreation Area” and
to continue to be used for recreational and conservation purposes.
(2/3 vote required)
Unanimous vote
ARTICLE 35 (taken out of order-see minutes after Article 30)
ARTICLE 36. Voted to amend the Emergency
Communication Bylaw adopted at the May 1, 2007 Annual Town Meeting (and as
subsequently amended by the Attorney General’s Office) by adding the following
section:
Emergency Radio Communications
12. Violations and penalties
Any
person violating any provision of this chapter shall be fined not more than
$300 for each offense.
Majority Vote
ZONING/LAND USE ARTICLES
ARTICLE 37. Voted to amend the Zoning Bylaw
at Article VIII, “Off-Street Parking,” § 205-32, “Number of required spaces,”
by adding the following section:
§205-32. Number of required spaces.
A. The minimum
number of required parking spaces shall be as follows:
Principal
Use Minimum
Number of Spaces
Permitted offices in residences 3, plus 3 1 for each nonresident employee
(2/3 vote required)
Unanimous Vote
ARTICLE 38. Voted
to accept the provisions of Chapter 43D of the Massachusetts General Laws, as
amended, pursuant to Section 11 of Chapter 205 of the Acts of 2006, and to approve
the filing of an application with the Interagency Permitting Board for the
designation of land listed below as Priority Development Sites.
|
ASSESSOR'S MAP/LOT |
ADDRESS |
ACRES |
OWNER |
|
71-2 |
|
152.90 |
|
|
72-1 |
|
42.46 |
|
|
76-12.3 |
Industrial Dr. |
6.03 |
|
|
76-12.4 |
Industrial Dr. |
4.39 |
|
|
76-12.5 |
Industrial Dr. |
3.90 |
|
|
77-12.1 |
|
41.76 |
|
|
77-12.2 |
|
2.55 |
|
|
|
|
|
|
|
115-2 |
|
14.30 |
Town of |
|
|
|
|
|
|
80-1.1 |
Technology Dr. |
75.95 |
Equity Industrial |
|
81-7 |
Technology Dr. |
1.7 |
Equity Industrial |
|
81-14 |
Technology Dr. |
22.35 |
Equity Industrial |
(2/3 vote required)
2/3 affirmative vote recognized (MGL Ch 39, Sect 15)
ARTICLE 39. Voted
to amend the Table of Use Regulations (Chapter 205 Zoning) by allowing
residential uses in the Commercial Districts as follows:
|
Use |
Residential |
Commercial |
Industrial |
|||||
|
|
R-I |
R-II |
R-III |
C-I |
C-II |
C-III |
I-I |
I-II |
|
A.
Residential Uses |
|
|
|
|
|
|
|
|
|
(1) Detached dwelling on a separate lot
occupied by not more than 1 family |
Y |
Y |
Y |
N |
N |
Y |
N |
N |
|
(2) 1 2-family or 1 duplex dwelling on a
separate lot |
Y |
Y |
N |
N |
N |
Y |
N |
N |
|
(3) Attached dwelling occupied by not more than 1 family
in each unit between side walls, provided that no row of such units shall
consist of fewer than 3 or more than 8 such units (See Article IX.) |
SP |
N |
N |
N |
N |
SP |
N |
N |
|
(4) Apartments (See Article IX.) |
SP |
N |
N |
N |
N |
SP |
N |
N |
(2/3 vote required)
2/3 affirmative vote recognized (MGL Ch 39, Sect 15)
ARTICLE 40. Voted
to add a new entry to the Table of Use Regulations (Chapter 205, Zoning) entitled
Mixed Use Buildings (buildings containing retail, office, restaurant, or
customer service establishments and residential dwelling units in the same
building) and allow such mixed use buildings in Commercial II and III Districts
as follows:
Use |
Residential |
Commercial |
Industrial |
|||||
|
H. Other
principal uses |
R-I |
R-II |
R-III |
C-I |
C-II |
C-III |
I-I |
I-II1 |
|
Mixed use building
containing retail, office, restaurant or consumer service establishments and residential
dwelling unit(s). |
N |
N |
N |
N |
Y |
Y |
N |
N |
|
( |
N |
N |
N |
N |
N |
N |
N |
N |
|
( |
N |
N |
N |
N |
N |
N |
N |
N |
|
( |
N |
N |
N |
N |
N |
N |
SP |
SP |
|
( |
N |
N |
N |
N |
N |
N |
SP |
SP |
|
( |
---------- See
§205-39.2---------- |
|||||||
(2/3 vote required)
YES - 60 NO -
16
ARTICLE 41. Voted
to amend the Westminster Zoning Bylaw and Zoning Map by rezoning the property located
at 98 Main Street, containing approximately .43 acres and shown on Assessors’
Map 100, Lot 106, from Residential-1 (R-1) to Commercial-III (C-III).
(2/3 vote required)
2/3 affirmative vote recognized (MGL Ch 39, Sect 15)
ARTICLE 42. Voted
to Pass Over (to rescind Chapter 202: “Wetlands,” and remove it from the
general bylaws of the Town of
ARTICLE 43. Voted
after Article 5.
ARTICLE 44. Voted
(a) to authorize the Board of Selectmen to acquire, by gift, purchase, eminent
domain or otherwise a temporary easement upon, above and across the entire
width of an existing unpaved access road on the land of Mallard Realty, LLC
emanating from the southerly sideline of State Road East (Route 2A) easterly of
the intersection of Merriam Road and State Road East, and extending along the
existing unpaved access road to Battles Road for use as a by-pass during the
reconstruction of the Battles Road bridge, and (b)to raise and appropriate
$2,500 to defray the attorneys fees incurred by Mallard Realty, LLC for such
acquisition and for costs incidental and attendant thereto.
The meeting adjourned at 3:05 pm.
Respectfully submitted,
Denise L. MacAloney, CMMC/MMC
Town Clerk