|
Header
|
|
ANNUAL TOWN MEETING
WARRANT
MAY 23RD, 2006
7PM HIGH SCHOOL AUDITORIUM
Final Results (PDF)
Roll Call Vote On
The Community Preservation Act
Article 9 (PDF)
Combined
Reports of Selectmen and Advisory Committee
with Supplements
|
|
|
|
|
|
|
|
ARTICLE 1
To see if the Town will establish that the number of Measurers of Wood and Bark be
two, to be appointed by the Selectmen, or act on anything relative thereto.
Article Explanation |
|
ARTICLE 2
To see if the Town will raise and appropriate, or appropriate from available funds, a sum
or sums of money to fund the FY2007 cost items in collective bargaining agreements between
the Town and various employee unions; fund wage and salary increases for employees not
included in the collective bargaining agreements; and amend the Classification and Pay
Plans of the Town; or act on anything relative thereto.
Article Explanation |
|
ARTICLE 3
To see if the Town will authorize the Town Treasurer, with the approval of the Selectmen,
to enter into Compensating Balance Agreement(s) for FY2007 in accordance with General Laws
Chapter 44, Section 53F, or act on anything relative thereto.
Article Explanation |
|
ARTICLE 4
To see if the Town will authorize the Comptroller to close out either all or a portion of
the unexpended balances in certain Special Appropriations and return said sums to the
Surplus Revenue accounts; and rescind the unused portion of prior borrowing
authorizations, or act on anything relative thereto.
1) Special Appropriation Closeouts
2) Rescind the bond authorization for water pollution abatement projects, through the
Massachusetts Water Pollution Abatement Trust, authorized under Article 13 of the 1997
Special Town Meeting, in the amount of $200,000.
Article ExplanationSee
additions in Combined Reports
|
|
ARTICLE 5
To see if the Town will, in accordance with General Laws, Chapter 44, Section 64,
authorize the payment of one or more of the bills of the previous years, which may be
legally unenforceable due to the insufficiency of the appropriations therefore, and
appropriate from available funds, a sum or sums of money therefore, or act on anything
relative thereto.
Article ExplanationSee
Supplemental Report
|
|
ARTICLE 6
To see if the Town will elect to establish an additional property tax exemption for fiscal
year 2007 which shall be uniform for all exemptions, in accordance with Section 4 of
Chapter 73 of the Acts of 1986, as amended by Chapter 126 of the Acts of 1988, and accept
said Section 4, as amended, or act on anything relative thereto.
Article Explanation |
|
ARTICLE 7
To see if the Town will:
A.) Fiscal Year 2007 Budget
Appropriate the sums, or any other sum or sums, requested or proposed by the Selectmen or
by any other officer, board or committee, for the fiscal year 2007 budget, including
without limiting the foregoing, all town expenses and purposes, debt and interest, out of
state travel, operating expenses, and fix the salaries of all elected officers as provided
for in General Laws, Chapter 41, Section 108; authorize the leasing, leasing with the
option to purchase, or installment purchase of equipment; stabilization fund as provided
for in General Laws Chapter 40, Section 5B; authorize the continuation of all revolving
funds in accordance with G.L. Chapter 44, Section 53E ½, and all Enterprise Funds in
accordance with G.L. Chapter 44, Section 53F ½, and as otherwise authorized; and provide
for a reserve fund.
B.) Fiscal Year 2007 Special Appropriations
Appropriate sums of money for the following special purposes:
1.) Appropriate $27,823, or any other sum, to be expended under the direction of the Chief
Procurement Officer, with the approval of the Board of Selectmen, for furnishings and
equipment for Town Buildings.
2.) Appropriate $250,000, or any other sum, to be expended under the direction of the
Chief Information Officer, with the approval of the Board of Selectmen, for the
enhancement of town-wide hardware and software.
3.) Appropriate $100,000, or any other sum, to be expended under the direction of the
Director of Planning and Community Development and the Commissioner of Public Works, with
the approval of the Board of Selectmen, for the design of pedestrian and vehicular
circulation improvements in Brookline Village, for the so-called Gateway East project.
4.) Appropriate $60,000, or any other sum, to be expended under the direction of the Fire
Chief, with the approval of the Board of Selectmen, for the replacement of a
Self-Contained Breathing Apparatus (SCBA) air compressor system.
5.) Appropriate $135,000, or any other sum, to be expended under the direction of the Fire
Chief, with the approval of the Board of Selectmen, for the replacement of firefighter
turnout gear.
6.) Appropriate $890,000, or any other sum, to be expended under the direction of the Fire
Chief, with the approval of the Board of Selectmen, for the purchase of a combined pumper
and ladder truck for the Fire Department.
7.) Appropriate $250,000, or any other sum, to be expended under the direction of the Fire
Chief, with the approval of the Board of Selectmen, for the rehabilitation of Fire
Department apparatus.
8.) Appropriate $360,000, or any other sum, to be expended under the direction of the
Building Commission, with the approval of the Board of Selectmen, for renovations to Fire
Station #5 on Babcock Street.
9.) Appropriate $25,000, or any other sum, to be expended under the direction of the
Police Chief, with the approval of the Board of Selectmen, for bullet proof vests.
10.) Appropriate $150,000, or any other sum, to be expended under the direction of the
Building Commission, with the approval of the Board of Selectmen and the Board of Library
Trustees, for the upgrade of the HVAC system at the Putterham Library.
11.) Appropriate $103,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen, for the
modernization of the Washington Street / School Street / Cypress Street traffic signals.
12.) Appropriate $25,700, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen, for the
modernization of the Harvard Street / Babcock Street traffic signals.
13.) Appropriate $1,000,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen, for the
rehabilitation of streets.
14.) Appropriate $100,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen, for traffic
calming studies and improvements.
15.) Appropriate $200,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen, for the
rehabilitation of sidewalks.
16.) Appropriate $100,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen, for streetlight
replacement and repairs.
17.) Appropriate $350,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen and the Park and
Recreation Commission, for improvements to Soule Playground.
18.) Appropriate $250,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen, for the
renovation of playground equipment, fields, and fencing.
19.) Appropriate $120,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen, for the
rehabilitation of Town and School grounds.
20.) Appropriate $100,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen, for the
rehabilitation of tennis courts and basketball courts.
21.) Appropriate $150,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen, for the upgrade
of lighting in parks.
22.) Appropriate $100,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen and the Tree
Planting Committee, for the removal and replacement of trees.
23.) Appropriate $60,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen and the Trustees
of the Walnut Hills Cemetery, for upgrades to the Walnut Hills Cemetery.
24.) Appropriate $130,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen, for repairs to
the Larz Anderson Skating Rink.
25.) Appropriate $30,000, or any other sum, to be expended under the direction of the
Building Commission, with the approval of the Board of Selectmen and the Park and
Recreation Commission, for the preparation of plans and specifications for renovations to
the Waldstein Building.
26.) Appropriate $25,000, or any other sum, to be expended under the direction of the
Chief Procurement Officer, with the approval of the Board of Selectmen and the School
Committee, for school furniture upgrades.
27.) Appropriate $80,000, or any other sum, to be expended under the direction of the
Building Commissioner, with the approval of the Board of Selectmen, for upgrades to energy
management systems.
28.) Appropriate $185,000, or any other sum, to be expended under the direction of the
Building Commissioner, with the approval of the Board of Selectmen, for energy
conservation projects in Town and School facilities.
29.) Appropriate $50,000, or any other sum, to be expended under the direction of the
Building Commissioner, with the approval of the Board of Selectmen, for removal of
asbestos from Town and School buildings.
30.) Appropriate $50,000, or any other sum, to be expended under the direction of the
Building Commissioner, with the approval of the Board of Selectmen, for ADA renovations to
Town and School buildings.
31.) Appropriate $100,000, or any other sum, to be expended under the direction of the
Building Commissioner, with the approval of the Board of Selectmen, for improvements to
life safety systems and building security in Town and School facilities.
32.) Appropriate $275,000, or any other sum, to be expended under the direction of the
Building Commissioner, with the approval of the Board of Selectmen, for a Town and School
facility roof repair and replacement program.
33.) Appropriate $240,000, or any other sum, to be expended under the direction of the
Building Commission, with the approval of the Board of Selectmen and the School Committee,
for the preparation of plans and specifications for renovations to the High School and the
Tappan Street Gym.
34.) Appropriate $200,000, or any other sum, to be expended under the direction of the
Building Commission, with the approval of the Board of Selectmen and the School Committee,
for a feasibility study for the renovation of the Runkle School and for the preparation of
a Needs Assessment Study for the Devotion School.
35.) Appropriate $290,000, or any other sum, to be expended under the direction of the
Building Commission, with the approval of the Board of Selectmen and the School Committee,
for work at the Old Lincoln School.
36.) Appropriate $30,000, or any other sum, to be expended under the direction of the
Building Commissioner, with the approval of the Board of Selectmen and the School
Committee, for trash compactors at various schools.
37.) Appropriate $1,723,960, or any other sum, to be expended under the direction of the
Building Commission, with the approval of the Board of Selectmen and the Park and
Recreation Commission, for remodeling, reconstruction or making extraordinary repairs to
the Evelyn Kirrane Aquatics Center.
38.) Appropriate $2,000,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen, for the Newton
Street Landfill including, but not limited to, assessment and corrective action and
remodeling, reconstruction or making extraordinary repairs to the Transfer Station.
39.) Appropriate $6,000,000, or any other sum, to be expended under the direction of the
Commissioner of Public Works, with the approval of the Board of Selectmen, for the
construction of sewers and sewerage systems and for the lining of sewers constructed for
sanitary drainage purposes and for sewage disposal.
C.) Funding
And determine whether such appropriations shall be raised by taxation, transferred from
available funds, borrowed or provided by any combination of the foregoing, and authorize
the leasing, leasing with an option to purchase, or the installment purchase of any
equipment or any capital items; and authorize the Board of Selectmen, except in the case
of the School Department Budget, and with regard to the School Department, the School
Committee, to apply for, accept and expend grants, gifts, reimbursements, and aid from
both federal, state, and other sources and agencies for any of the purposes noted in this
Article 7, or act on anything relative thereto.
Article ExplanationSee
additions in Combined Reports
See
Supplemental Reports
|
|
ARTICLE 8
To see if the Town will discontinue the $41.25 emergency quarterly fee initiated by the
1988 Brookline Town Meeting, or act on anything relative thereto.
Article ExplanationSee
Supplemental Report
|
|
ARTICLE 9
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 creation,
preservation and support of community housing, the acquisition, creation and preservation
of open space, the acquisition, creation and preservation of land for recreational use,
the acquisition, preservation, rehabilitation and restoration of historic resources, and
the rehabilitation and restoration of such community housing, open space and land for
recreational use 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; to determine whether the Town will accept any of the
exemptions from such surcharge permitted under Section 3(e) of said Act; or to take any
other action relative thereto.
Article ExplanationSee
addition in Combined Reports
See
Supplemental Reports
|
|
ARTICLE 10
To see if the Town will vote to adopt a bylaw providing for the establishment of a
Community Preservation Committee pursuant to G.L. c.44B, §5 and for the composition and
duties thereof; and to take any other action relative thereto.
Article ExplanationSee
addition in Combined Reports
|
|
ARTICLE 11
To see if the Town will accept the provisions of General Laws, Chapter 32, Section 7,
Subdivision (2), paragraph (e), as amended, to pay an additional yearly retirement
allowance of $15.00 for each year of creditable service or fraction thereof to any member
of Group 1 or Group 2 or Group 4, who is receiving accidental disability retirement
benefits and is a veteran as defined in section 1 of said Chapter 32, with the total
amount of this additional allowance not to exceed $300 per year, or act on anything
relative thereto.
Article Explanation |
|
ARTICLE 12
To see if the Town will accept the provisions of Section 2 of Chapter 157 of the Acts of
2005, to pay the additional yearly retirement allowance of $15.00 for each year of
creditable service as provided by Chapter 32, Section 7, Subdivision (2), paragraph (e),
as amended retroactive to the date of the member’s retirement, in accordance with
said Section 2 of Chapter 157 of the Acts of 2005, as amended, or act on anything relative
thereto.
Article ExplanationSee
Supplemental Report
|
|
ARTICLE 13
To see if the Town will authorize and approve the filing of a petition with the General
Court in substantially the following form:
An act permitting the Town of Brookline to participate in the health insurance programs
administered by the Group Insurance Commission established by General Laws, Chapter 32A.
Section 1. Notwithstanding the provisions of any special or general law to the contrary,
the Town of Brookline is hereby authorized to transfer individuals to which it provides
health insurance pursuant to General Laws, Chapter 32B, including its employees, retirees,
surviving spouses or dependents, who shall be referred to herein as subscribers, to the
Group Insurance Commission (“GIC”) established in General Laws, Chapter 32A for
the purpose of participating in the health insurance programs administered by the GIC.
Section 2. The Town of Brookline’s subscribers shall not transfer to the GIC until
the Town has fulfilled its bargaining obligations, where applicable, with collective
bargaining units that represent Town employees in accordance with General Laws, Chapter
150E, and such units have agreed with the Town to the transfer.
Section 3. Except as herein provided, once transferred to the GIC the Town’s
subscribers shall participate in the health insurance programs under the same conditions
as those individuals eligible to participate in the GIC’s health insurance programs
pursuant to General Laws, Chapter 32A.
Section 4. The Town of Brookline shall determine its premium contribution rates for all
subscribers, including town and school retirees, subject to fulfilling its bargaining
obligations, if any, pursuant to M.G.L. c. 150E with each collective bargaining unit that
represents town employees regarding premium contribution rates. Each subscriber shall pay
his/her share of the total premium to the town. The Town of Brookline shall forward the
full premium cost of coverage, including subscriber contributions, to the GIC in
accordance with reasonable regulations promulgated by the GIC.
Section 5. This act shall take effect upon its passage.
or act on anything relative thereto.
Article Explanation |
|
ARTICLE 14
To see if the Town will authorize and approve the filing of a petition with the General
Court in substantially the following form:
An act permitting the Town of Brookline to reimburse a prevailing party-plaintiff its
attorney’s fees in an appeal of a Zoning Board of Appeals decision pursuant to
General Laws Chapter40A, Section 17.
Section 1. Notwithstanding the provisions of any special or general law to the contrary,
the Town of Brookline is hereby authorized to appropriate an amount not exceeding, in any
one year one twentieth of one percent of its equalized valuation, as defined in section
one of Chapter forty-four, to establish and maintain a legal fund from which the Town may
reimburse a party plaintiff for his/her attorney’s fees in an appeal brought pursuant
to Massachusetts General Laws Chapter 40A, Section 17 from a decision of the Town of
Brookline Zoning Board of Appeals, but only if the appealing party is successful after all
rights of appeal have been exhausted.
Section 2. Any appropriation into said fund shall require a majority vote at any town
meeting. Any appropriation out of said fund for the purpose of paying attorney’s fees
requires approval by the Board of Selectman and a two-thirds vote at any town meeting.
Section 3. This act shall take effect upon its passage.
or act on anything relative thereto.
Article Explanation |
|
ARTICLE 15
To see if the Town will approve the name of the new athletic facility within Harry Downes
Field , a town park designated as Lot 300, Block 01-00 in the Town Assessor’s Atlas,
as the “Kraft Family Athletic Facility at Harry Downes Field”, or act on
anything relative thereto.
Article Explanation |
|
ARTICLE 16
To see if the Town Meeting will amend Brookline Town By-law Section 2.1.12
CHALLENGE TO THE VALIDITY OF AN ACTION TAKEN BY TOWN MEETING as follows:
(Language in bold and underlined is additional language to be inserted in the by-law and
language in brackets [ ] to be deleted)
SECTION 2.1.12 CHALLENGE TO THE VALIDITY OF AN ACTION TAKEN BY TOWN MEETING
Neither the Board of Selectmen, nor any department or agency which reports to the Board of
Selectmen, shall file any petition or other document with the Attorney General or commence
any legal proceeding contending that any action taken by Town Meeting is invalid,
or shall insert an article in the Warrant for any Annual or Special Town Meeting that in
effect, challenges or causes the reconsideration of a zoning action taken by Town Meeting
within two years of the prior action.
unless the following conditions have been complied with:
(a) Such petition, zoning petition, [or] other document or the commencement of such legal
proceeding or of causing the reconsideration of a prior zoning action by Town Meeting
within two years of the original action shall have been authorized by the Board of
Selectmen; and
(b) Subsequent to such authorization, the Town Moderator and Town Counsel shall have been
notified in writing of such action, and provided with copies of such petition or document
or the documents prepared for the purpose of such court action at least seven days before
any such document is filed with the Attorney General or any court.
No other elected Town board, nor any department or agency which reports to any such other
elected Town board, shall file any petition or other document with the Attorney General or
commence any legal proceeding contending that any action taken by Town Meeting is invalid,
unless such Town board first authorizes such action and complies with the conditions
described in sub-paragraphs (a) and (b), above.
Neither the Board of Selectmen nor any other elected board shall utilize the services of
Town Counsel for the purposes of challenging an action taken by Town Meeting or of causing
the reconsideration of a prior zoning action taken by Town Meeting within a two years of
the original action. Town Counsel shall use his or her best efforts to defend the action
taken by the Town Meeting upon receipt of notice under this by-law.
[In the event that Town Counsel is unable for any reason to defend such action, including
without limitation that Town Counsel has expressed the opinion that such action is
illegal, the Moderator shall take such action as he or she deems necessary in order to
present such defense, and Town Counsel may then represent the challenger on the Town
Meeting action in controversy.]
Nothing in this Article shall be construed to prohibit any employee or elected official of
the Town, acting in his or her individual capacity, from communicating with the Attorney
General, filing a petition or other document with the Attorney General, or commencing
legal proceedings, contending that any action taken by Town Meeting is invalid.
or act on anything relative thereto.
Article Explanation |
|
ARTICLE 17
To see if the Town will amend Article 3.7 of the General By-Laws by adding the following
language after the second sentence of Article 3.7.2 (b):
Recognizing that reduction in operating costs and increased environmental efficiency of
Town buildings are in the Town’s best interest, the cost estimate for the project
(including life-cycle costs) shall include a comparative analysis of the cost of using
conventional materials, applications and technology to the use of sustainable materials,
applications and technology (commonly referred to as “green technology”) as
defined in the most current criteria of the LEED (Leadership in Energy and Environmental
Design) Green Building Rating System ® published by the United States Green Building
Council, or comparable scoring system. This analysis shall give equal consideration to
debt service and operating costs, including future utility costs adjusted for likely
increases in the cost of energy. The format of this calculation shall be determined by the
Building Commission, and the calculation of the initial investment and lifecycle costs for
conventional and sustainable alternatives shall be documented and certified by the
Chairman of the Building Commission or its representative, and made available to the
public at least thirty days before appropriations are made for any subsequent phases.
or act on anything relative thereto.
Article ExplanationSee
Supplemental Report
|
|
ARTICLE 18
To see if the Town will amend the General By-Laws by adding an Article 3.19 as follows:
Article 3.19 MANDATORY EDUCATIONAL TRAINING FOR ALL ELECTED AND APPOINTED OFFICIALS
3.19.1 APPLICABILITY
This by-law is intended to apply to all elected officials (though not Town Meeting Members
unless serving on a Board, Committee or Commission) including but not limited to members
of the Board of Selectmen and School Committee and appointed members of all boards,
commissions, committees or sub-committees however constituted (hereinafter referred to
collectively as “Elected and Appointed Officials”).
3.19.2 MANDATORY EDUCATIONAL TRAINING
All Elected and Appointed Officials shall within ninety (90) days of (prior to or post)
their election or re-election to office or appointment or re-appointment to a board,
commission, committee or sub-committee, attend an educational training seminar hosted by
the Office of Town Counsel which shall include the requirements of the Open Meeting Law,
Public Records Law, and Conflict of Interest Law, or in the alternative shall meet with
Town Counsel or a member of his/her staff to receive such information and training.
3.19.3 NOTICE OF COMPLIANCE
Upon completing the required training, aforesaid, Town Counsel shall notify the Town Clerk
and Town Administrator in writing of the names of those Elected and Appointed Officials
who have completed the training.
3.19.4 NON-COMPLIANCE AND ENFORCEMENT
Should an Elected or Appointed Official fail to participate in the required training
within the mandatory ninety (90) days (prior to or post-election or re-election or
appointment or re-appointment) then the Town Clerk shall forthwith send written notice
thereof to the Chair of each Board or Committee whose members are elected and, in the case
of appointed officials, to the appointing authority responsible for appointing each board,
commission, committee or subcommittee whose members are appointed, whether the Board of
Selectmen or the Town Moderator, as well as the relevant Chairperson of the Board,
Committee or Commission. It will be within the discretion of the appointing authority to
extend the time of compliance an additional 30 days, or to exercise any rights or
privileges of its discretionary authority. The Town Clerk shall maintain a Public Record
of Compliance by Elected and Appointed Officials, available for viewing by the Public upon
request.
or act on anything relative thereto.
Article ExplanationSee
Supplemental Report
|
|
ARTICLE 19
To see if the Town will amend the General By-Laws by adding an Article as follows:
MANDATORY EVENING MEETINGS FOR TOWN MEETING-CREATED STUDY OR AD HOC COMMITTEES
APPLICABILITY
This by-law is intended to apply to any committee which was created by vote of Town
Meeting, and whether appointed by the Board of Selectmen or the Town Moderator.
MANDATORY EVENING MEETINGS FOR TOWN MEETING-CREATED STUDY OR AD HOC COMMITTEES
All Committees or Studies, by whatever classification, created by vote of Town Meeting
shall conduct at least half of its meetings during evening hours and shall be subject to
all Public Meeting, Public Record, and Conflict of Interest laws. All meetings at which an
Expert or Consultant to advise the committee is expected to attend shall be held during
evening hours.
or act on anything relative thereto.
Article ExplanationSee
Supplemental Report
|
|
ARTICLE 20
Warrant Article for a Town By-Law to be added to “Section 4.1.3 AUDIT REPORTS”
All reports by the Independent Auditor shall be posted on the Town Website and shall be
posted in a timely manner.
All reports by the Independent Auditor shall be placed in the BROOKLINE ROOM at the Main
Library and shall be bound together with the Annual Report of the Town of Brookline of the
same year. For example: the “2006 Brookline Annual Report” and “2006 Audit
Report” are to bound together in one volume.
or act on anything relative thereto.
Article Explanation |
|
ARTICLE 21
To see if the Town will amend the General By-Laws by amending Article 4.3 – Contracts
– Prohibited Practice by adding the following:
4.3.6 Former Municipal Employees Prohibited from Acting as Attorney or Agent in Certain
Matters
Notwithstanding the provisions of General Laws Chapter 268A, Section 18, no former
municipal employee as that term is defined by G.L.c.268A, Section 1 (g) shall receive
compensation from or represent a third party in any particular matter in which he/she
participated in as a municipal employee. Furthermore, a former municipal employee is
prohibited for three years after their last employment or appointment with the Town has
ceased, to appear personally before any Agency, Board, Commission or Committee of the Town
on behalf of a third party if, within three years prior to his/her last day of
employment/appointment the matter was under his/her general, official or overall
responsibility. This Article shall take effect 1 July 2006.
or act on anything relative thereto.
Article ExplanationSee
Supplemental Report
|
|
ARTICLE 22
To see if Town Meeting will amend Town by-law Article 5.2 by repealing Articles 5.2.2,
5.2.3, 5.2.4(b), the word “residential” in the first sentence of 5.2.4(c), the
last sentence of 5.2.4(d), and 5.2.5 and adding a new section as follows:
Article 5.2.2 APPLICABLE LAW
(a) The conversion of residential property to the condominium or cooperative form of
ownership shall be regulated by Chapter 527 of the Acts of 1983, more commonly known as
the State Condominium Conversion Law.
The remaining portions of Article 5.2 shall be recodified appropriately.
or to take any other action relative thereto.
Article ExplanationSee
Supplemental Report
|
| |
ARTICLE 23
To see if the Town will amend Article 8.6 of the General By-Laws of the Town of Brookline
as follows:
Section 8.6.7(a) Restraint of Dogs:
a. by deleting the so-called sunset provision language which reads:
“> Italicized language in Section 8.6.7(a) above will revert to language existing
immediately prior to the amendment on June 30, 2006.”; and
b. by changing all italicized language to regular font; and
c. by adding the following paragraphs 5 and 6 at the end of Section 8.6.7(a):
5. No area adjacent to a school shall be used as an off leash area without the approval of
the School Committee.
6. The Director of Parks and Open Space or his/her designee shall place a sign, in a
conspicuous place, in all designated off leash areas which shall state the authorized
hour(s) when such area may be used for such purpose and any other conditions of such use.
or act on anything relative thereto.
Article Explanation |
| |
ARTICLE 24
To see if the Town will amend Article 8.17 of the General By-Laws as follows:
By deleting the year “2006” in the last sentence of Article 8.17 Focused
Residence Picketing and inserting in its place the year “2007”.
or act on anything relative thereto.
Article ExplanationSee
Supplemental Report
|
| |
ARTICLE 25
To see if the Town will amend the By-Laws by adding Article 8.27 as follows:
Article 8.27 Town of Brookline Wetlands Protection Bylaw
I. Purpose
The purpose of this bylaw is to protect the wetlands, water resources, and adjoining land
areas in the Town of Brookline by controlling activities deemed by the Conservation
Commission likely to have a significant or cumulative effect upon resource area values,
including but not limited to the following: public or private water supply, groundwater,
flood control, erosion and sedimentation control, storm damage prevention, water quality,
water pollution control, wildlife habitat, rare species habitat including rare plant
species, and recreation values. This bylaw is intended to utilize the Home Rule authority
of this municipality to protect additional resource areas, for additional values, with
additional standards and procedures stricter than those of the Wetlands Protection Act
(G.L. c. 131, § 40) and Regulations thereunder (310 CMR 10.00), subject, however, to the
rights and benefits accorded to agricultural uses and structures of all kinds under the
laws of the Commonwealth.
II. Definitions
The term “Alter” shall mean to change the condition of any resource area subject
to protection under this bylaw. Examples of alteration include but are not limited to, the
following:
(a) the changing of pre-existing drainage characteristics, flushing characteristics,
sedimentation patterns, flow patterns and flood retention areas;
(b) the raising or lowering of the water level or water table;
(c) the destruction of vegetation;
(d) the changing of water temperature, salinity, biochemical oxygen demand (BOD), and
other physical, biological or chemical characteristics of the receiving water.
The term “Bank” shall mean the land area which normally abuts and confines a
water body; the lower boundary being the mean annual low flow level, and the upper
boundary being the first observable break in the slope or the mean annual flood level,
whichever is higher.
The term “Buffer Zone” shall mean that area of land extending 150 feet
horizontally outward from the boundary of a resource area, except that riverfront areas
and vernal pools shall have no buffer zones.
The term “Isolated Vegetated Wetland” shall mean an isolated wetland that is not
hydraulically connected to another resource area and is at least 2,500 square feet in
size.
The term “Isolated Land Subject to Flooding” shall be consistent with the
definition for ILSF as defined in the MWPA.
The term “Person” shall mean any individual, group of individuals, association,
partnership, corporation, company, business organization, trust, estate, the Commonwealth
or political subdivision thereof to the extent subject to town bylaws, administrative
agency, public or quasi-public corporation or body, this municipality, and any other legal
entity, its legal representatives, agents, or assigns.
The term “Pond” shall follow the definition of 310 CMR 10.04 except that the
size threshold of 10,000 square feet shall not apply.
The term “Rare Species” shall mean, without limitation, all vertebrate and
invertebrate animal and plant species listed as endangered, threatened, or of special
concern by the Massachusetts Division of Fisheries and Wildlife, regardless of whether the
site in which they occur has been previously identified by the Division.
The term “Resource Areas” shall mean land under lakes, ponds, rivers or streams;
any bank, marsh, wet meadow, bog or swamp bordering on any lake, pond, river or stream;
land subject to flooding bordering on any lake, pond, river or stream; isolated vegetated
wetlands; riverfront areas; and vernal pools.
The term “Resource Area Values” shall mean, without limitation, public or
private water supply, groundwater, flood control, erosion and sedimentation control, storm
damage prevention, water quality, water pollution control, wildlife habitat, rare species
habitat including rare plant species, and recreation values.
The term “Riverfront Area” shall mean shall be consistent with the definition
for Riverfront Area as defined in the Wetlands Protection Act, 310 CMR 10.58(2), as they
may be amended.
The term “Stream” shall mean an open body of running water, including brooks and
creeks, which moves in a definite channel, in the ground, due to a hydraulic gradient and
flows within, into, or out of an Area Subject to Protection under this bylaw. Such bodies
of running water that are intermittent are streams, except for those that serve only to
carry the immediate surface runoff from stormwater or snowmelt. A portion of a stream may
flow through a culvert or beneath a bridge. Where a stream or river runs thorough a
culvert more than 200 feet in length, the buffer zone or riverfront area stops at a
perpendicular line at the upstream end of the culvert and resumes at the downstream end.
The term “Vernal Pool” shall mean a confined basin depression that, at least in
most years, holds water for a minimum of two continuous months during the spring and/or
summer, and that is free of adult fish populations, as well as the area within 100 feet of
the mean annual boundary of such a depression, and that is breeding habitat for amphibian
species such as wood frog, spotted salamander, and fairy shrimp, regardless of whether the
site has been certified by the Massachusetts Division of Fisheries and Wildlife. A vernal
pool does not have a buffer zone.
Except as otherwise provided in this bylaw or in regulations of the Commission, the
definitions of terms in this bylaw shall be as set forth in the Wetlands Protection Act
(G.L. c. 131, § 40) and Regulations (310 CMR 10.00).
III. Jurisdiction
Except as permitted by the Conservation Commission or as provided in this bylaw, no person
shall alter a resource area or a buffer zone. Resource areas shall be protected whether or
not they border surface waters. Facilities constructed for the purpose of and designated
as reservoirs shall be exempt from the jurisdiction of this bylaw.
IV. Exemptions and Exceptions
The application and permit required by this bylaw shall not be required for the following
activities:
1. maintaining, repairing, or replacing, but not substantially changing or enlarging an
existing and lawfully located structure or facility used in the service of the public to
provide electric, gas, water, telephone, telegraph, or other telecommunication services,
provided that written notice has been given to the Commission prior to commencement of
work, and provided that the work conforms to performance standards and design
specifications in regulations adopted by the Commission;
2. work performed for normal maintenance or improvement of land which is lawfully in
agricultural use at the time the work takes place, provided that written notice has been
given to the Commission prior to commencement of work, and provided that the work conforms
to performance standards and design specifications in regulations adopted by the
Commission;
3. for emergency projects necessary for the protection of the health and safety of the
public, provided that the work is to be performed by or has been ordered to be performed
by an agency of the Commonwealth or a political subdivision thereof; provided that advance
notice, oral or written, has been given to the Commission prior to commencement of work or
within 24 hours after commencement; provided that the Commission or its agent certifies
the work as an emergency project; provided that the work is performed only for the time
and place certified by the Commission for the limited purposes necessary to abate the
emergency; and provided that within 21 days of commencement of an emergency project a
permit application shall be filed with the Commission for review as provided by this
bylaw. Upon failure to meet these and other requirements of the Commission, the Commission
may, after notice and a public hearing, revoke or modify an emergency project approval and
order restoration and mitigation measures.
4. the application of herbicides as specifically set forth in 310 CMR 10.03(6) as may be
amended.
5. facilities constructed for the purpose of and designated as reservoirs shall be
exempt from the jurisdiction of this bylaw.
6. any bordering vegetated wetland, bank, land under water, land subject to flooding, or
riverfront area created for the purpose of stormwater management shall not require the
filing of a Notice of Intent or a Request for Determination of Applicability to maintain
the stormwater management system, provided that the work is limited to the maintenance of
the stormwater management system and that the area is not altered for other purposes.
Other than as stated in this section, the exceptions provided in the Wetlands Protection
Act (G.L. c. 131, § 40) and Regulations (310 CMR 10.00) shall not apply under this bylaw.
V. Applications for Permits, Requests for Determination and Consultant Fee
Written application shall be filed with the Commission to perform activities affecting
resource areas protected by this bylaw. The permit application shall include such
information and plans as are deemed necessary by the Commission to describe proposed
activities and their effects on the resource areas protected by this bylaw. No activities
shall commence without receiving and complying with a permit issued pursuant to this
bylaw.
The Commission in an appropriate case may accept as the permit application and plans under
this bylaw the Notice of Intent or the Request for Determination of Applicability filed
under the Wetlands Protection Act (G.L. c. 131, § 40) and Regulations (310 CMR 10.00).
Any person desiring to know whether or not a proposed activity or an area is subject to
this bylaw may in writing request a determination from the Commission. Such a Request for
Determination (RFD) shall include information and plans as are deemed necessary by the
Commission. Such requirements shall be consistent with those required under the Wetlands
Protection Act (G.L. c. 131, § 40) and Regulations (310 CMR 10.00).
Upon receipt of a permit application or RFD, or at any point during the hearing process,
the Commission may require an applicant to pay a fee for the reasonable costs and expenses
borne by the Commission for specific expert engineering and other consultant services
deemed necessary by the Commission to come to a final decision on the application. This
fee will be called the “Consultant Fee.” The Commission may impose a Consultant
Fee only after a separate vote at an Annual Town Meeting to establish a Revolving Fund for
the administration of such Fee as provided by G.L. c.44, §53E 1/2. The specific
consultant services may include, but are not limited to, performing or verifying the
accuracy of resource area survey and delineation; analyzing resource area functions and
values, including wildlife habitat evaluations, hydrogeologic and drainage analysis; and
researching environmental or land use law.
The Commission may require the payment of the Consultant Fee at any point in its
deliberations prior to a final decision. If a revolving fund for consultant expenses and
fees is authorized by the town meeting, or by any general or special law, the
applicant’s fee shall be put into such revolving fund, and the Commission may draw
upon that fund for specific consultant services approved by the Commission at one of its
public meetings. Any unused portion of the Consultant Fee shall be returned to the
applicant unless the Commission decides at a public meeting that additional services will
be required.
The exercise of discretion by the Commission in making its determination to require the
payment of a Consultant Fee shall be based upon its reasonable finding that additional
information acquirable only through outside consultants would be necessary for the making
of an objective decision. Any applicant aggrieved by the imposition of, or size of, the
consultant fee, or any act related thereto, may appeal according to the provisions of the
Massachusetts General Laws.
The Commission may waive the Consultant Fee, costs, and expenses for a permit application
or RFD filed by a government agency.
The maximum Consultant Fee charged to reimburse the Commission for reasonable costs and
expenses shall be according to the following schedule:
| Project Cost |
Maximum Fee |
| Up To $100,000 |
$500 |
| $100,001 - $500,000 |
$2,500 |
| $500,001 - $1,000,000 |
$5,000 |
| $1,000,001 - $1,500,000 |
$7,500 |
| $1,500,001 - $2,000,000 |
$10,000 |
Each additional $500,000 project cost increment (over $2,000,000) shall be charged an
additional $2,500 maximum fee per increment.
The project cost means the estimated, entire cost of the project including, but not
limited to, design, building construction, site preparation, landscaping, and all site
improvements. The Consultant Fee shall be paid pro rata for that portion of the project
cost applicable to those activities within resource areas protected by this bylaw. The
project shall not be segmented to avoid being subject to the consultant fee. The applicant
shall submit estimated project costs at the Commission's request, but the lack of such
estimated project costs shall not avoid the payment of the consultant fee.
Until such time that a Revolving Fund pursuant to G.L.c.44, §53E 1/2 is established to
administer the Consultant Fee as described above by way of a vote at an Annual Town
Meeting the Commission may request an Applicant proposing a project, the cost of which is
estimated at $2,000,000 or more to retain and pay the fees for a Consultant to prepare a
report for the Commission’s review.
VI. Notice and Hearings
Any person filing a permit application or a RFD with the Commission shall at the same time
give written notice thereof, by certified mail with return receipt requested, or hand
delivered with signatures, to all abutters at their mailing addresses shown on the most
recent applicable tax list of the assessors, including owners of land directly opposite on
any public or private street or way, and abutters to the abutters within 100 feet of the
property line of the applicant, including any in another municipality or across a body of
water. The notice to abutters shall have enclosed a copy of the permit application or
request, with plans, or shall state where copies may be examined and obtained by abutters.
An affidavit of the person providing such notice, with a copy of the notice mailed or
delivered, shall be filed with the Commission.
When a person requesting a determination is other than the owner, the request, the notice
of the hearing, and the determination itself shall be sent by the Commission to the owner
as well as to the person making the request.
The Commission shall conduct a public hearing on any permit application or RFD, with
written notice given at the expense of the applicant, five business days prior to the
hearing, in a newspaper of general circulation in the municipality.
The Commission shall commence the public hearing within 21 days from receipt of a
completed permit application or RFD unless an extension is authorized in writing by the
applicant.
The Commission shall issue its permit or determination in writing within 21 days of the
close of the public hearing thereon unless an extension is authorized in writing by the
applicant.
The Commission in an appropriate case may combine its hearing under this bylaw with the
hearing conducted under the Wetlands Protection Act (G.L. c.131, § 40) and Regulations
(310 CMR 10.00).
The Commission shall have authority to continue the hearing to a certain date announced at
the hearing, for reasons stated at the hearing, which may include receipt of additional
information from the applicant or others deemed necessary by the Commission in its
discretion, or comments and recommendations of the boards and officials listed in §VII.
VII. Coordination with Other Boards and Commissions
Any person filing a permit application or RFD with the Commission shall provide written
notification thereof at the same time to the town engineer, and building commissioner. An
affidavit of the person providing notice, with a copy of the notice mailed or delivered,
shall be filed with the Commission. The Commission shall not take final action until the
Town engineer and Building Commissioner have had 14 days from receipt of notice to file
written comments and recommendations with the Commission, which the Commission shall take
into account but which shall not be binding on the Commission. The applicant shall have
the right to receive any comments and recommendations, and to respond to them at a hearing
of the Commission, prior to final action.
VIII. Permits and Conditions
If the Commission, after a public hearing, determines that the activities which are
subject to the permit application or the land and water uses which will result therefrom
are likely to have a significant individual or cumulative effect upon the resource area
values protected by this bylaw, the Commission, within 21 days of the close of the
hearing, shall issue or deny a permit for the activities requested. If it issues a permit,
the Commission shall impose conditions that the Commission deems necessary or desirable to
protect those values, and all activities shall be done in accordance with those
conditions. The Commission shall take into account the cumulative adverse effects of loss,
degradation, isolation, and replication of protected resource areas throughout the
community and the watershed, resulting from past activities, permitted and exempt, and
foreseeable future activities.
The Commission is empowered to deny a permit for failure to meet the requirements of this
bylaw; for failure to submit necessary information and plans requested by the Commission;
for failure to meet the design specifications, performance standards, and other
requirements in regulations of the Commission; for failure to avoid or prevent
unacceptable significant or cumulative effects upon the resource area values protected by
this bylaw; and where no conditions are adequate to protect those values. Due
consideration shall be given to any demonstrated hardship on the applicant by reason of
denial, as presented at the public hearing.
Riverfront areas and buffer zones are presumed important to the protection of resource
area values because activities undertaken in them have a high likelihood of adverse impact
upon the wetlands or other resources, either immediately, as a consequence of
construction, or over time, as a consequence of daily operation or existence of the
activities. Such adverse impact from construction and use can include, without limitation,
flooding, erosion, siltation, loss of groundwater recharge, poor water quality, and loss
of wildlife habitat. The Commission therefore may require that the applicant maintain a
strip up to 50 feet wide of continuous, undisturbed vegetative cover within a riverfront
area or buffer zone.
In the review of riverfront areas and buffer zones of streams, no permit issued hereunder
shall permit any activities unless the applicant, in addition to meeting the otherwise
applicable requirements of this bylaw, has proved by a preponderance of the evidence that
(1) there is no practicable alternative to the proposed project with less adverse effects,
and that (2) such activities, including proposed mitigation measures, will have no
significant adverse impact on the areas or values protected by this bylaw. The Commission
shall regard as practicable an alternative which is reasonably available and capable of
being done after taking into consideration the proposed property use, overall project
purpose (e.g., residential, institutional, commercial, or industrial purpose), logistics,
existing technology, costs of the alternatives, and overall project costs.
To prevent wetlands loss, the Commission shall require applicants to avoid wetlands
alteration wherever feasible; shall minimize wetlands alteration; and, where alteration is
unavoidable, shall require full mitigation. The Commission may authorize or require
replication of wetlands as a form of mitigation, but only with adequate security,
professional design, and monitoring to assure success, because of the high likelihood of
failure of replication.
A permit shall expire three years from the date of issuance. Notwithstanding the above,
the Commission in its discretion may issue a permit expiring five years from the date of
issuance for recurring or continuous maintenance work, provided that annual notification
of time and location of work is given to the Commission. Any permit may be renewed once
for an additional one year period, provided that a request for a renewal is received in
writing by the Commission prior to expiration. Notwithstanding the above, a permit may
contain requirements which shall be enforceable for a stated number of years,
indefinitely, or until permanent protection is in place, and shall apply to all owners of
the land.
For good cause the Commission may revoke or modify a permit or determination issued under
this bylaw after notice to the holder of the permit or determination, notice to the
public, abutters, and town boards, pursuant to §VI and §VII, and a public hearing.
The Commission in an appropriate case may combine the permit or determination issued under
this bylaw with the Order of Conditions or Determination of Applicability issued under the
Wetlands Protection Act (G.L. c. 131, § 40) and Regulations (310 CMR 10.00).
No work proposed in any permit application shall be undertaken until the permit issued by
the Commission with respect to such work has been recorded in the registry of deeds or, if
the land affected is registered land, in the registry section of the land court for the
district wherein the land lies, and until the holder of the permit certifies in writing to
the Commission that the permit has been recorded.
IX. Regulations
After public notice and public hearing, the Commission shall promulgate regulations to
effectuate the purposes of this bylaw and shall be effective when voted and filed with the
town clerk. Failure by the Commission to promulgate such regulations or a legal
declaration of their invalidity by a court of law shall not act to suspend or invalidate
the effect of this bylaw.
X. Security
As part of a permit issued under this bylaw, in addition to any security required by any
other municipal or state board, agency, or official, the Commission may require that the
performance and observance of the conditions imposed thereunder (including conditions
requiring mitigation work) be secured wholly or in part by one or more of the methods
described below:
A. By a proper bond or deposit of money or negotiable securities or other undertaking of
financial responsibility sufficient in the opinion of the Commission, to be released in
whole or in part upon issuance of a Certificate of Compliance for work performed pursuant
to the permit
B. By accepting a conservation restriction, easement, or other covenant enforceable in a
court of law, executed and duly recorded by the owner of record, running with the land to
the benefit of this municipality whereby the permit conditions shall be performed and
observed before any lot may be conveyed other than by mortgage deed. This method shall be
used only with the consent of the applicant.
XI. Enforcement
No person shall alter a resource area or a buffer zone, or cause, suffer, or allow
alteration, or leave in place unauthorized fill, or otherwise fail to restore illegally
altered land to its original condition, or fail to comply with a permit or an enforcement
order issued pursuant to this bylaw.
Only upon the filing of either an Request for Determination or a Permit under this bylaw
the Commission, its agents, officers, and employees shall have authority to enter upon
privately owned land for the purpose of performing their duties under this bylaw and may
make or cause to be made such examinations, surveys, or sampling as the Commission deems
necessary, subject to the constitutions and laws of the United States and the
Commonwealth. In the absence of the filing of a Request for Determination or a Permit the
Commission, its agents, officers and employees shall consult with Town Counsel prior to
entering upon privately owned land for the purpose of determining compliance with this
by-law or for any other purpose in furtherance of the objectives of this by-law.
The Commission shall have authority to enforce this bylaw, its regulations, and permits
issued thereunder by violation notices, administrative orders, and civil court actions.
Any person who violates provisions of this bylaw may be ordered to restore the property to
its original condition and take other action deemed necessary to remedy such violations,
or may be fined, or both.
In the case of civil action, the Commission with the approval of the board of selectmen
may request the town counsel to take legal action as necessary to enforce the terms of
this by-law under civil law.
Municipal boards and officers, including any police officer or other officer having police
powers, shall have authority to assist the Commission in enforcement.
Any person who violates any provision of this bylaw, or regulations, permits, or
administrative orders issued thereunder, shall be punished by a fine of not more than
$300. Each day or portion thereof during which a violation continues, or unauthorized fill
or other alteration remains in place, shall constitute a separate offense, and each
provision of the bylaw, regulations, permits, or administrative orders violated shall
constitute a separate offense.
As an alternative to criminal prosecution in a specific case, the Commission may issue
citations under the non-criminal disposition procedure set forth in G.L. c. 40, § 21D,
which has been adopted by the Town in Article 10.3 of the general bylaws.
XII. Burden of Proof
The applicant for a permit shall have the burden of proving by a preponderance of credible
evidence that the work proposed in the permit application will not have unacceptable,
significant, or cumulative effect upon the resource area values protected by this bylaw.
Failure to provide adequate evidence to the Commission supporting this burden shall be
sufficient cause for the Commission to deny a permit or grant a permit with conditions.
XIII. Appeals
A decision of the Commission shall be reviewable in the Superior Court in accordance with
G.L. c. 249, § 4.. This in no way alters or amends and applicants rights to appeal as set
forth in the Massachusetts Wetlands Protection Act M. G.L. c.131 § 40.
XIV. Relation to the Wetlands Protection Act
This bylaw is adopted under the Home Rule Amendment of the Massachusetts Constitution and
the Home Rule statutes, independent of the Wetlands Protection Act (G.L. c. 131, § 40)
and Regulations (310 CMR 10.00) thereunder.
XV. Severability
The invalidity of any section or provision of this bylaw shall not invalidate any other
section or provision thereof, nor shall it invalidate any permit or determination that has
been issued previously.
or act on anything relative thereto.
Article Explanation
|
| |
ARTICLE 26
To see if the Town will amend Article 10.2 – Prosecutions and Enforcements, by
amending the references to by-law articles as follows:
BUILDING COMMISSIONER
Part VI-Public Property Delete: 6.8
Add: 6.10
Part VIII-Public Health & Safety Delete: 8.17; 8.21; 8.22; 8.23 and 8.24
COMMISSIONER OF PUBLIC WORKS
Part VIII-Public Health & Safety Delete: 8.17 and 8.23
Add: 8.18 and 8.26
DIRECTOR OF HEALTH & HUMAN SERVICES
Part VIII-Public Health & Safety Delete: 8.21
Add: 8.23
or act on anything relative thereto.
Article Explanation |
| |
ARTICLE 27
To see if the Town will amend Article 10.3 – Non-Criminal Disposition, by amending
the following references to by-law articles as follows:
1. Change Article 5.8 Sign By-Law
Section 5.8.8 Penalty for
Violation $100.00
as follows:
Article 5.8 Sign By-Law
Section 5.8.9 Penalty for
Violation $100.00
2. Change Article 8.22 Tobacco Control
Section 8.22.5
Violations & Penalties
Part (A) $ 50.00
Part (B) $100.00
Part (C) $200.00
Part (D) $100.00
as follows:
Article 8.23 Tobacco Control
Section 8.23.5
Violations & Penalties
Part (A) $ 50.00
Part (B) $100.00
Part (C) $200.00
Part (D) $100.00
3. Change Article 8.23 Water Supply Emergencies
Section 8.23.6
Penalties
First Violation $ 50.00
Second & Subsequent
Violations $100.00
as follows:
Article 8.24 Water Supply Emergencies
Section 8.24.6
Penalties
First Violation $ 50.00
Second & Subsequent
Violations $100.00
4. Change Article 8.24 Water System Backflow and Cross Connections
Section 8.24.6 Enforcement $100.00
as follows:
Article 8.25 Water System Backflow and Cross Connections
Section 8.25.6 Enforcement $100.00
5. Change Article 8.25 Stormwater Management
First Violation $100.00
Second Violation $200.00
Third and Subsequent
Violations $300.00
as follows:
Article 8.26 Stormwater Management
First Violation $100.00
Second Violation $200.00
Third and Subsequent
Violations $300.00
or act on anything relative thereto.
Article Explanation |
| |
ARTICLE 28
To see if the Town will amend the Zoning By-law as follows:
(1) By deleting § 2.01(3), the definition of “Attic,” and replacing it with the
following:
§ 2.01(3). ATTIC - The space between the ceiling beams, or similar structural elements,
of the top story of a building and the roof rafters. The top story shall be the story at
the highest level of the building.
(2) By adding a new § 2.04(1/2), a definition of “Decommission,” as follows:
§ 2.04(1/2). DECOMMISSION - To make previously habitable space in an existing building
uninhabitable by, including but not limited to, removing or blocking required access,
light or ventilation or removing ceilings and floors. Space that has been decommissioned
shall be included in the gross floor area of a building. The complete and permanent
physical demolition of a portion of a building shall not be considered decommissioning and
shall reduce the gross floor area by the floor area of the demolished portion of a
building.
(3) By deleting § 2.07(1), the definition of “Gross Floor Area,” and replacing
it with the following:
§ 2.07(1). GROSS FLOOR AREA - The sum of the areas of all floors of all principal and
accessory buildings whether or not habitable except as excluded. Gross floor area shall
include enclosed porches and the horizontal area at each floor level devoted to stairwells
and elevator shafts. Gross floor area shall exclude (a) portions of cellars, basements,
attics, and penthouses that are not habitable, provided however that space that has been
decommissioned shall not be excluded from gross floor area; (b) except as required in
§5.06, paragraph 4, subparagraph b(3) relating to parking in Coolidge Corner, any floor
space in accessory buildings or in the main building intended and designed for the parking
of motor vehicles in order to meet the parking requirements of this By-law, provided,
however, that for single- and two-family dwellings the floor space thereby exempted from
the calculation of gross floor area shall not exceed 360 square feet per required parking
space; (c) elevator penthouses and mechanical equipment enclosures located above the roof,
if not habitable; (d) necessary mechanical equipment space in a basement; and (e) up to
100 square feet of area in an accessory structure such as a garden or equipment shed.
Measurements shall be from the exterior faces of the walls or from the centerlines of the
walls for adjoining buildings. Where the ceiling height measured from the finished floor
to the ceiling exceeds 12 feet (including without limitation atriums, vaulted ceilings and
cathedral ceilings), gross floor area shall be calculated by dividing by 12 the maximum
ceiling height in such areas where the ceiling height exceeds 12 feet, and multiplying the
result by the horizontal square footage in such areas where the ceiling height exceeds 12
feet. Space that has been decommissioned shall be included in the gross floor area of a
building.
(4) By deleting § 2.08(1), the definition of “Habitable Space,” and replacing
it with the following:
§ 2.08(1). HABITABLE SPACE - Space in a structure for living, sleeping, eating, or
cooking; otherwise used for human occupancy; or finished or built out and meeting the
State Building Code requirements for light, ventilation and egress for human habitation or
occupancy.
(5) By adding, immediately following existing § 2.16(2), a new § 2.16(2 1/2), a
definition of “Porch, Enclosed and Unenclosed,” as follows:
§ 2.16(2 1/2). PORCH, ENCLOSED AND UNENCLOSED - A porch, balcony or deck shall be deemed
to be unenclosed, whether roofed or unroofed, if open to the elements or if enclosed only
by seasonally removable glass panels such as storm sashes or by screens. A roofed porch,
balcony or deck, even if unheated, shall be deemed to be enclosed if enclosed by walls
and/or permanently by glass, including without limitation fixed windows or movable
casement, jalousie, double-hung, awning, hopper, slider or tilt-turn windows.
(6) By adding, immediately following existing § 6.04(13), a new § 6.04(14):
§ 6.04(14). No more than 40% of the width, or twenty-four feet, whichever is less, of the
façade of a building facing a way or within 45 degrees of parallel to a way may be
devoted to parking or other vehicular use, including garage or drive-through space. The
foregoing limitation shall not apply to a detached garage that is entirely set back behind
the entire façade facing the way of the principal building. The Planning Board upon the
recommendation of the Planning Director may allow the foregoing limitation to be exceeded
with respect to side facades on corner lots provided that the overall visual and other
impact of the vehicular use would be less than locating the vehicular use on the front
façade as of right, and may also allow the foregoing limitation to be exceeded upon
reports from the Commissioner of Public Works and the Director of Transportation that
modification of the limitation is necessary for safe vehicular use and the determination
of the Planning Board that no other feasible design would permit safe vehicular use while
reducing the visual or other impact of such use. In addition to complying with the other
provisions of this by-law, including § 6.04, paragraph 4, the surfaced area of parking
and entrance and exit drives shall not exceed the width allowable pursuant to this
section, and all remaining space between the building and street shall be landscaped open
space as defined in § 2.15, paragraph 2.
or to act on anything relative thereto.
Article Explanation |
| |
ARTICLE 29
To see if the Town will amend Section 5.22, Exceptions to Maximum Floor Area Ratio (FAR)
Regulations for Residential Units, of the Zoning By-law, by deleting the existing Section
5.22 and replacing it with the following:
§5.22- EXCEPTIONS TO MAXIMUM FLOOR AREA RATIO (FAR) REGULATIONS FOR RESIDENTIAL UNITS
1. General Provisions
a. Any expanded unit (individual residential units subject to an increase in gross floor
area as per this Section) shall not be eligible to be subsequently divided into multiple
units.
b. Insofar as practicable, the additional floor area allowed pursuant to this Section
shall be located and designed so as to minimize the adverse impact on abutting properties
and ways, and interior conversions shall be considered preferable to exterior additions.
c. Additional floor area shall be allowed pursuant to this Section only if the Certificate
of Occupancy for the original construction, if any, was granted at least ten years prior
to the date of the application for a special permit under this Section. If the limitation
set forth in this paragraph 1, subparagraph c should be found invalid, § 5.22 shall be
deemed null and void in its entirety, and no increase in gross floor area shall be allowed
pursuant to § 5.22.
d. Exterior modifications to accommodate an exterior addition or interior conversion shall
include without limitation the addition of a dormer, penthouse, cupola, windows, doors or
the like. Such modifications shall also not conflict with any other provisions of the
Zoning By-law.
e. The interior conversion shall not result in the displacement of interior storage of
equipment, vehicles, or materials to a location which is now exterior to the house.
f. Interior conversion and exterior addition are terms defined in § 2.09. In determining
the appropriate amount of space to be converted into habitable space, the Board of Appeals
shall consider the extent of exterior modifications required to effectuate the proposed
conversion and/or exterior addition and the impact thereof on abutting properties.
g. Space that has previously been decommissioned shall not be converted under this
Section.
2. Special Permit for Exceeding Maximum Gross Floor Area for Residential Dwellings
a. The Board of Appeals may allow, by special permit, a maximum gross floor area greater
than is permitted in Table 5.01 (the “permitted gross floor area”) for an
existing residential building(s) on a single lot, subject to the procedures, limitations,
and conditions specified in §5.09, §9.05, and this Section for an existing residential
building which meets the following basic requirements:
1) The existing building(s) is located on a lot (or part of a lot) in a district with a
permitted maximum floor area ratio no greater than 1.5.
2) The existing building contains at least one residential unit but no more than four
total units. For the purpose of this paragraph 2, subparagraph (a)(2), total units shall
be defined to include all residential dwellings, offices, and commercial spaces within the
building.
3) The additional floor area allowed by special permit pursuant to this Section shall not
include the floor area permitted by right under Table 5.01.
b. The maximum increase in floor area allowed by special permit may be allowed only in
accordance with the following conditions, which shall be in addition to the other
conditions set forth in this Section and any other conditions that the Board of Appeals
may prescribe. In no case shall the total resulting gross floor area of the building(s)
after all conversions and additions be more than 150% of the permitted gross floor area:
1) In all S and SC Districts, a special permit may be granted for an increase in floor
area above the permitted gross floor area for only one of the following subparagraphs
(such that the grant of a special permit under one subparagraph shall preclude the
subsequent grant of a special permit under a different subparagraph, but shall not, to the
extent the increase in floor area allowable under one subparagraph has not been fully
utilized, preclude a subsequent grant of an additional special permit under that same
subparagraph so as to fully utilize the increase in floor area allowable under that
subparagraph. Notwithstanding the foregoing, an applicant who has received a special
permit under subparagraph (a) or (b) and has not fully utilized the allowable increase in
floor area under that subparagraph may apply for a special permit under subparagraph (c),
with the increased floor area previously allowed under subparagraph (a) or (b) counted
against the floor area allowable under subparagraph (c)):
a) an interior conversion that is less than or equal to 30% of the permitted gross floor
area;
b) an exterior addition that is less than or equal to 20% of the permitted gross floor
area; or
c) a combination of an interior conversion and exterior addition that is less than or
equal to 30% of the permitted gross floor area, provided that the additional floor area
attributable to exterior construction (which shall include the floor area included within
dormers, penthouses, cupolas, and the like) does not exceed 35% of the additional floor
area allowed by special permit.
The grant of a special permit under any prior version of Section 5.22 shall be deemed the
grant of a special permit under this Section.
2) In all T Districts, M-0.5, M-1.0, and M-1.5 Districts, a special permit may be granted
for a increase in floor area that is less than or equal to 20% of the permitted gross
floor area, whether it be for an exterior addition, interior conversion, or a combination
of the two. The total increase in floor area granted by special permit for all
applications made under this paragraph 2, subparagraph (b)(2), or under any prior version
of Section 5.22, shall not exceed 20% of the permitted gross floor area.
c. If the application of the percentages in paragraph 2, subparagraph b results in a floor
area increase of less than 350 square feet, a special permit may be granted for an
increase in floor area of up to 350 square feet provided that the resulting gross floor
area of the building(s) is not more than 150% of the permitted gross floor area. A grant
of a special permit under paragraph 2, subparagraph b, or under this paragraph 2,
subparagraph c, or a previous expansion permitted as of right or by special permit under
any prior version of Section 5.22, shall preclude a subsequent grant of a special permit
under this paragraph 2, subparagraph c.
or act on anything relative thereto.
Article ExplanationSee
Supplemental Report
|
| |
ARTICLE 30
A Resolution Supporting the Improvement of the Gateway East Area
WHEREAS, pedestrians and cyclists are now unable to safely and swiftly cross Route 9
(Boylston Street) in the area known as “Gateway East;”
WHEREAS, vehicular traffic is a problem in Gateway East;
WHEREAS, in large part because of these pedestrian difficulties and traffic problems,
Gateway East is less attractive and can be a difficult place to live in or near;
WHEREAS, improving the connection between the Emerald Necklace, the Brookline Village
Train Station, Juniper Street and Pearl Street is desirable;
RESOLVE, that this Town Meeting supports the improvement of Gateway East by, among other
things, improving the ability of pedestrians and cyclists to cross Route 9, taking
necessary steps to reconfigure roadway and signage to improve traffic conditions, and
beautifying the area, all of which will contribute to making Gateway East a safer, more
attractive and livable place;
RESOLVE, that this Town Meeting supports the improvement of the connection between the
Emerald Necklace, the Brookline Village Train Station, Juniper Street and Pearl Street,
or act on anything relative thereto.
Article ExplanationSee
Supplemental Report
|
| |
ARTICLE 31
To see if the Town will adopt the following resolution:
A Resolution in Support of the Impeachment of President George W. Bush
Whereas, President George W. Bush has repeatedly violated his oath of office by failing to
uphold, protect and defend the Constitution of the United States, in particular by
directing and countenancing numerous violations of the Constitution and Laws of the United
States, and by purposely misleading the citizens of the nation so as to cause the United
States to commence war in Iraq; therefore be it
Resolved, that this Town Meeting urges our Representative in Congress to introduce and/or
support a resolution impeaching President George W. Bush; and be it further
Resolved, that the Town Clerk send notice of the adoption of this resolution to all
members of the Massachusetts Congressional Delegation within two weeks of its adoption.
or act on anything relative thereto.
Article ExplanationSee
addition in Combined Reports
|
|
| |
| ARTICLE 32 |
Reports of Town Officers and Committees
Article ExplanationSee
additions in Combined Reports
See
Supplemental Reports
|
|
|
|
|
