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SPECIAL TOWN MEETING
WARRANT
NOVEMBER 13TH, 2007
7PM HIGH SCHOOL AUDITORIUM
Final Results (PDF)
Combined Reports of Selectmen and
Advisory Committee
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ARTICLE 1
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
previous fiscal 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.
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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 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.
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ARTICLE 3
To see if the Town will:
A) Appropriate additional funds to the various accounts in the fiscal
year 2008 budget or transfer funds between said accounts;
B) And determine whether such appropriations shall be raised by
taxation, transferred from available funds, provided by borrowing or
provided by any combination of the foregoing; 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 and aid from both federal and state sources and
agencies for any of the purposes aforesaid.
or act on anything relative thereto.
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ARTICLE 4
To see if the Town will review the necessity for the 18 year old "Trash
Fee" now called a "Refuse Fee".
or act on anything relative thereto.
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ARTICLE 5
To see if the Town will amend Article 3.5 of the General By-Laws as
follows (deleted language appears underlined and in brackets) new
language appears in bold:
Section 3.5.3 General Responsibilities
The Committee shall serve as an advisor to the Board of Selectmen and
to Town Meeting with respect to the town’s financial condition,
financial management systems and controls, and annual audit. (In
addition, the Committee shall report to Town Meeting as the Committee
sees fit on matters within the scope of Town Meeting’s concerns.)
Specific duties shall include but are not limited to the following:
(a) Make recommendations to the Board of Selectmen on the selection of,
and scope of services for, an independent auditor.
(b) Review the annual financial statements and reports prepared by the
independent auditor and make recommendations with respect thereto.
(c) Make recommendations for areas on operations where expanded scope
audits or reviews of the internal controls may be appropriate.
(d) Review and make recommendations with respect to the town’s financial
management practices and controls.
(e) Report to the Annual Town Meeting on the recommendations the
Committee has made during the preceding twelve months. The first
paragraph of the Annual Audit Committee Report shall note the Auditor’s
“Cash and Short Term Investments” cash amount as noted in the current
annual audit.
or act on anything relative to.
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ARTICLE 6
To see if the Town will amend the General By-Laws by adding the
following:
SECTION 3.21 Readily Accessible Electronic Meeting Notices, Agendas, and
Minutes
1. Purpose and Applicability: This by-law applies to all Brookline
committee meetings subject to the Open Meeting Law, now G.L. c. 39,
§§23A et seq. (hereinafter, respectively, “meetings” and “OML”), and is
intended (a) to take advantage of the internet and its increasing use;
(b) to better implement the spirit of the OML; and (c) to the extent
reasonably practical, to improve opportunities for broader and more
meaningful citizen participation in the business of Town committees.
2. Listserv & Calendar: The Information Technology Department (“ITD”)
shall maintain a broadly available listserv or similar email list for
Town Meeting Members and other Town residents who request to be
included, prominently promoted on the Town website’s Homepage, along
with a link to a readily available and current Calendar of upcoming
meetings.
3. Meeting Notices and Agendas: Each meeting “notice” required by OML
shall not only be “posted” under OML at least forty-eight hours before
the meeting, but shall also, to the extent reasonably practical: (a) be
posted at least either one week before each meeting, or, if the interval
between meetings is only one week, then at least seventy-two hours
beforehand; (b) include an agenda in electronic format, which at least
in general terms is reasonably descriptive of the in-tended business of
the meeting, and which is subject to later revisions as needed but
attempting to comply with this by-law; (c) include a name, address,
telephone number, and email address for (i) a contact person for further
inquiries, for forwarding messages to the committee, and for obtaining
background materials in electronic format to the extent readily
available, and (ii) either the same contact information or a website
link to it for all the committee’s members; and (d) with the assistance
and direction of the Town Clerk and ITD, disseminate by email the
information specified in (a) and (b) above, in simple text format if
easier, to citizens who join the aforementioned listserv. Said agendas
shall also be electronically accessible from the aforementioned
website’s Calendar.
4. Records: OML records of meetings of all Town governmental bodies
shall be: (a) filed in electronic format; (b) reasonably descriptive, at
least in general terms, of the business conducted, including the main
reasons for actions and votes taken; and (c) electronically accessible
from the Town website, either by links to its Calendar or to the
committee’s departmental page, no later than promptly after the second
meeting following the meeting at issue. When they see fit, the selectmen
and ITD shall propose an amendment to this provision clarifying access
to “archives.”
5. Enforcement: As to mandates of this by-law that exceed those of state
laws, including the OML, all elected officials, boards, and committees
shall supervise compliance with this by-law, both for their own meetings
and for committees for which they are the ultimate appointing authority.
No additional enforcement scope or responsibility is hereby conferred
upon the district attorney’s office beyond those of the statewide law,
including the OML.
or act on anything relative thereto.
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ARTICLE 7
To see if the Town will amend the General By-Laws of the Town of
Brookline by deleting Section 8.5.9 of Article 8.5 and replacing it with
the following:
SECTION 8.5.9 VANDALISM AND THE DEFACEMENT
OF PUBLIC AND PRIVATE PROPERTY
8.5.9.1 Purpose and Intent
Vandalism and the existence of graffiti within the Town are considered a
public and private nuisance. The purpose of this by-law is to protect
public and private property from acts of vandalism and defacement by
prohibiting the application of graffiti on such property and by
requiring property owners to remove publicly visible graffiti from their
property within a reasonable period of time.
8.5.9.2 Definitions
For the purposes of this by-law, “graffiti” is intended to mean the
intentional painting, marking, scratching, etching, coloring, tagging,
or other defacement of any public or private property without the prior
written consent of the owner of such property.
8.5.9.3 Prohibited Conduct
The application of graffiti to the real or personal property of another
is prohibited.
8.5.9.4 Removal of Graffiti
Upon determining that graffiti exists on any private or other non-Town
owned property and that such graffiti can be viewed from a public place
within the Town, the Chief of Police or his designee may mail or deliver
a notice to the owner of the property on which the graffiti exists
advising the owner that the graffiti must be removed within fourteen
days.
In the case of graffiti on private residential property consisting of
thirty dwelling units or less, the property owner shall, within fourteen
days of delivery of the notice, either remove the graffiti or submit a
written request to the Commissioner of Public Works along with a
release, requesting the Town to enter the property and assist in
removing the graffiti. Upon receipt of the property owner’s written
request and release, the Commissioner of Public Works or his designee
shall determine whether the graffiti can be safely removed, and, if so,
whether it is appropriate to remove it. If the Town assists in the
removal of such graffiti, the Town shall charge the property owner a fee
in the amount of the actual cost of removal or one hundred dollars,
whichever is less, provided that the property owner shall reimburse the
Town for the Town’s actual costs of removing such graffiti from any
funds forfeited by the offender to the property owner under any related
criminal or non-criminal enforcement action. If the Commissioner of
Public Works or his designee determines that the graffiti cannot be
safely removed or that it is not appropriate for the Town to remove it,
he shall notify the property owner of his determination in writing and
the property owner shall remove the graffiti within fourteen days of
delivery of such notice.
In the case of graffiti on commercial property or private residential
property consisting of more than thirty dwelling units, the property
owner shall, within fourteen days of delivery of the notice, remove the
graffiti at his own expense.
Notwithstanding any other provisions contained herein, if such graffiti
is within an Historic District established under Section 5.6 of the
Town’s By-laws, then any guidelines or Rules or Regulations adopted by
the Preservation Commission pertaining to the removal of graffiti shall
apply if and to the extent not inconsistent with this by-law.
8.5.9.5 Enforcement
Failure to remove the graffiti or make a written request to the
Commissioner of Public Works in accordance with the requirements of
Section 8.5.9.4 within fourteen days of delivery of the notice may be
deemed a violation of this section and shall be dealt with as a
non-criminal offense in accordance with the provisions of G.L. c. 40, s.
21D and Article 10.3 of these By-laws.
Owners who repeatedly violate the provisions of Section 8.5.9.4 may be
prosecuted under the provisions of Article 10.1 of these By-laws.
Any fee charged by the Town for the cost of graffiti removal under
section 8.5.9.4 remaining unpaid after sixty days of notice of such
charge shall be subject to the provisions of G.L. c. 40, s. 58.
or act on anything relative thereto.
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ARTICLE 8
To see if the Town will amend the General By-Laws by adding an Article
8.28 as follows:
Article 8.28 MANDATORY BICYCLE REGISTRATION
All town residents who own bicycles shall be required to register their
bicycle(s) with the Town by filling out a registration form provided by
the Brookline Police Department Traffic Division. The registration form
shall include, among other things, information such as make, color,
size, model and serial number(s) of the bicycle(s). The Brookline Police
Department Traffic Division shall provide a decal or similar small plate
that shall be attached to the bicycle. The owner shall be required to
renew the registration annually. The fee for registration shall be set
by the Board of Selectmen and made payable to the Town.
or act on anything relative thereto.
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ARTICLE 9
To see if the Town will amend the General By-Laws by adding an Article
8.29 as follows:
Article 8. 29 FOUNDATION PERMITS
Section 8.29.1 Issuance of a Foundation Permit
Construction of a foundation for any building or structure may commence
only upon issuance of a foundation permit by the Building Commissioner
or Chief Building Inspector. Additional permits for such project may
only be issued as provided below.
Section 8.29.2 Process to Obtain a Foundation Permit
To obtain a foundation permit, plans must be submitted to the Building
Department that are labeled “foundation/footing only permit”. Upon
approval of such plans by the Building Department, a separate permit
will be issued for the foundation and the fees for the permit will be
based upon the contract price for the foundation work. The valuation
costs for the foundation work will be subtracted from the entire
project’s valuation costs when determining the permit fees for the
balance of the project’s permits. If the lot is on septic, the permit
for the septic tank will be included. Three sets of plans signed by a
Professional Engineer shall be submitted, which must include foundation
calculations, grading, location of setbacks, flood plain elevation, and
septic system location, if required.
Section 8.29.3 Submission by Registered Land Surveyor
Upon the foundation being completed, the applicant shall retain a
registered Land Surveyor (RLS) to survey the newly constructed
foundation and submit “as built drawings” (stamped by the RLS), which
show the location and the size of the foundation as constructed. Such
drawings shall then be reviewed by the Building Department, which shall
sign off if it determines that such “as built drawings” are
substantially the same as the original approved plans with respect to
the location and size of the foundation.
Section 8.29.4 Additional Permits; Further Action
No additional permits for the project shall be issued unless and until
(1) the aforesaid submission by the RLS, and (2) a sign off by the
Building Department that the “as built drawings” that are submitted are
substantially the same as the original approved plans with respect to
the location and size of the foundation. In the event that the Building
Department determines that the “as built drawings” are not substantially
the same as the original approved plans, the Building Commissioner may
also, in addition to not issuing any additional permits, take such
further action as the Commissioner deems appropriate under the
circumstances.
or act on anything relative thereto.
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ARTICLE 10
To see if the Town will amend the Town by-laws by adding a new Article
9.2 as follows:
ARTICLE 9.2 COOLIDGE CORNER DISTRICT COUNCIL
SECTION 9.2.1 ESTABLISHMENT
There shall be a Coolidge Corner District Council (CCDC) and a Coolidge
Corner District (District). The geographical area of the District shall
consist of the parcels outlined in the map entitled “Coolidge Corner
Design Overlay District” as set forth in the proposed Zoning Bylaw
Warrant Article XI for Town Meeting of November, 2007 or as outlined in
the “Coolidge Corner Design Overlay District” map as approved by Town
Meeting in November, 2007.
SECTION 9.2.2 APPOINTMENT OF MEMBERS
Town Meeting members of each precinct any portion of which is located
within the District shall caucus and, by majority vote of a quorum of
all Town Meeting members of the precinct, elect annually one Town
Meeting member from that precinct to serve on CCDC. Also, the Board of
Selectmen shall appoint annually to CCDC: one representative of the
Board of Selectmen who may but need not be a Selectman; one
representative nominated by the Brookline Neighborhood Alliance if it so
chooses; two representatives and one alternate nominated by the Coolidge
Corner Merchants Association if it so chooses; one representative
nominated by each neighborhood association if it so chooses that is a
member of the Brookline Neighborhood Alliance and whose purview concerns
all or part of the District; and, nominated representatives of such
other Town boards and commissions, community advocacy groups and any
other interest groups as Town Meeting may specify in this section. CCDC
members shall comply with the Conflict of Interest Law under M.G.L. c.
268A.
SECTION 9.2.3 PROCEDURE
CCDC shall follow Robert’s Rules of Order, elect chair(s) and a
secretary annually and shall keep minutes of each meeting. The meetings
and minutes of CCDC shall be subject to the Open Meeting Law under M.G.L.
c. 39. Town staff, boards and commissions shall assist CCDC relative to
specific issues as needed.
SECTION 9.2.4 GENERAL DUTIES
CCDC shall meet at least quarterly to identify and review matters of
community planning and development relating to the District. CCDC shall
have the following authority: 1) to provide a venue for the exchange of
views by different interest groups within the District community and a
forum for consensus-building with respect to common concerns; 2) to
educate CCDC members, the public and Town officials about District
issues; 3) to monitor and report as needed to the Department of Planning
and Community Development, Planning Board, Zoning Board of Appeals,
Board of Selectmen, Zoning Bylaw Committee and Town Meeting whether
existing or proposed development within the District and existing or
proposed Town policies that affect the District conform to the Coolidge
Corner District Plan; 4) to propose from time to time to the Department
of Planning and Community Development and the Planning Board amendments
to the Coolidge Corner District Plan; and, 5) to make any other
recommendations as deemed appropriate to relevant Town boards,
departments and commissions to address District issues.
SECTION 9.2.5 VACANCIES
Whenever a vacancy occurs in CCDC, the designated elective or nominating
and appointing authorities as set forth in Section 9.2.2 may choose a
replacement for the unexpired term.
or act on anything relative thereto.
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ARTICLE 11
To see if the Town will amend the Zoning Map by changing the zoning of
the parcels on the attached map to F-1.0 as indicated.
Proposed F-1.0 Zone Additions
| Address* |
Existing Zoning |
| 62 CENTRE ST. |
M-2.0 |
| 15 DWIGHT ST. |
M-1.0 |
| 21 DWIGHT ST. |
M-1.0 |
| 25 DWIGHT ST. |
M-1.0 |
| 55 GREEN ST. |
M-1.0 |
| 59 GREEN ST. |
M-1.0 |
| 63-65 GREEN ST. |
M-1.0 |
| 67-69 GREEN ST. |
M-1.0 |
| 71-73 GREEN ST. |
M-1.0 |
| 81 GREEN ST. |
M-1.0 |
| 82 GREEN ST. |
M-1.0 |
| 54 HARVARD AVE. |
M-1.0 |
| 56 HARVARD AVE. |
M-1.0 |
| 60 HARVARD AVE. |
M-1.0 |
| 66-68 HARVARD AVE. |
M-1.0 |
| 70 HARVARD AVE. |
M-1.0 |
| 74 HARVARD AVE. |
M-1.0 |
| 6 WELLMAN ST./50 CENTRE ST. |
M-1.0 |
*Parcel Address as listed in Brookline Assessor's Data.
or act on anything relative thereto.
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ARTICLE 12
To see if the Town will amend the Zoning By-law and Zoning Map as
follows:
1. By adopting the attached map change creating a Coolidge Corner Design
Overlay District.
2. By amending Section 3.00 by adding a new item at the end:
4. In any Overlay Districts created in Section 3.01, below, both the
requirements of the base zoning district and those of the overlay
district shall apply.
3. By amending Section 3.01 by adding a new item at the end:
4. Overlay Districts
a. Coolidge Corner Design Overlay District
4. By amending Section 5.09 (Design Review) as follows:
a) Adding a new Section 5.09.2.m. reading:
“m. Any demolition as defined in Section 5.3 of the Town Bylaws in the
Coolidge Corner Design Overlay District except those located in Local
Historic Districts.”
b) Amending Section 5.09.2.d. to read: “d. multiple dwellings with 10
four or more units on the premises, whether contained in one or more
structures”
c) Amending Section 5.09.4.b. as follows:
“b. Relation of Buildings to Environment—Proposed development shall be
related harmoniously to the terrain, trees, landscape, and natural
features and to the use, scale, and architecture of existing buildings
in the vicinity that have functional or visual relationship to the
proposed buildings. The Board of Appeals may require a modification in
massing so as to reduce the effect of shadows on abutting property or on
public open space and public streets. The street level of a commercial
building should be designed for occupancy and not for parking.
Unenclosed street level parking along the frontage of any major street
as listed in paragraph, 2., subparagraph a. of this section is strongly
discouraged. Otherwise, street level parking should be enclosed or
screened from view. ”
d) Inserting a new Section 5.09.4.c. as follows and renumbering the
existing Sections 5.09.4.c through o accordingly as 5.09.4.d through p:
“c. Relation of Buildings to the Form of the Streetscape and
Neighborhood – Proposed development shall be consistent with the use,
scale, yard setbacks and architecture of existing buildings and the
overall streetscape of the surrounding area. The Board of Appeals may
require a modification in massing or design so as to make the proposed
building more consistent with the form of the existing streetscape, and
may rely upon data gathered that documents the character of the existing
streetscape in making such a determination. Examples of changes that may
be required include addition of bays or roof types consistent with those
nearby; alteration of the height of the building to more closely match
existing buildings that conform to the zoning by-law, or changes to the
fenestration. The street level of a commercial building should be
designed for occupancy and not for parking. Unenclosed street level
parking along the frontage of any major street as listed in paragraph,
2., subparagraph a. of this section is strongly discouraged. Otherwise,
street level parking should be enclosed or screened from view.”
or act on anything relative thereto.
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ARTICLE 13
To see if the Town will amend the Zoning By-law to make the following
changes to the T-5 and T-6 zones:1. Replace the existing Principal
Use 5 in Section 4.07 as follows:
| Principal Uses |
S |
SC |
T |
F |
M |
L |
G |
0 |
I |
5. Attached dwelling occupied by not more than one
family in each unit between side walls, provided that in T Districts
no row of such units shall consist of more than six
two such units.
*Except as permitted by Use 1A above and §5.11. |
No* |
No |
SP
Yes |
SP |
SP |
SP |
No |
SP |
No |
2. Amend the Dimensional Table as follows:
1. Delete the sentence “In T districts, see also §5.48.” from Section
5.01 Footnote 2.
2. Delete section 5.48 (“Attached One-Family Dwellings in T Districts.”)
or act on anything relative thereto.
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ARTICLE 14
To see if the Town will amend the Zoning By-law by replacing the
existing Section 5.21 with the following language:
Ҥ5.21 - EXCEPTIONS TO MAXIMUM FLOOR AREA RATIO REGULATIONS (PUBLIC
BENEFIT INCENTIVES)
The following public benefits have been determined to be of sufficient
importance to the Town to provide eligibility for additional Floor Area
Ratio. The Board of Appeals shall find that the size of any bonus
granted is commensurate with the public benefit offered.
1. The Board of Appeals may grant by special permit a maximum gross
floor area higher than is permitted in Table 5.01, subject to the
procedures, limitations, and conditions specified in this Section, and
provided that public benefits including but not limited to the following
are provided by the developer of the lot as required by the Board of
Appeals: affordable housing, in excess of that required by the Zoning
By-Law; landscaped and/or usable open space within public view, in
excess of that required by the Zoning By-Law; support, financial or
otherwise, for community facilities and services, including maintenance,
enhancement, and acquisition of Town parks or open space;
environmentally friendly sustainable building and site planning
practices, significant provision of public parking and/or parking for
car sharing rental services; subsidized MBTA passes for employees;
provision of daycare space, either on or off-site; and preservation of
historic structures.
2. Public Benefit Incentives may be granted under this Section only for
a lot (or part of a lot) which meets the following basic requirements:
a. The lot (or part of a lot) is located in a district with a floor area
ratio of 1.5 or greater.
b. The lot (or part of a lot) is not less than 20,000 square feet.
c. No lot (or part of a lot) within a buffer area, as defined in §5.31,
paragraph 3., shall be eligible for any provision or counted toward any
requirement of this Section for gross floor area in excess of that
permitted in Table 5.01, nor shall such bonus floor area be
located thereon.
d. No driveway from the lot shall enter a street opposite from an S, SC,
or T district.
3. To aid the Board of Appeals in making the findings required in §9.05
and the Planning Board in preparing the advisory report provided for in
§9.04, the applicant shall submit the materials required by §5.09,
paragraph 3. in addition to the usual drawings at the time of
application.
4. The additional gross floor area granted in accordance with this
Section, as calculated by the following percentage, shall not exceed the
maximum floor area ratio specified in the Public Benefit Incentives
column of Table 5.01:
Table 5.02 – Table of Maximum Gross Floor Area Increase
| Each Condition |
M-2.5
Districts |
M-1.5, M-2.0,
G-1.75(CC),G-2.0 GMR-2.0 & O-2.0(CH) Districts |
| Affordable Housing |
30% |
20% |
| Landscaped and/or Usable Open Space |
20% |
15% |
| Community Facilities and Services Support |
20% |
15% |
| Preservation of Historic Structures |
20% |
15% |
5. The Board of Appeals may grant additional gross floor area where
any of the following conditions obtain, subject to the limitations in
paragraph 4. above. The additional gross floor area shall be calculated
separately for each condition based upon the gross floor area permitted
in Table 5.01.
a. Affordable Housing
Where on site affordable units, as defined in Section 4.08 of the zoning
by-law, are provided in excess of the requirement in the zoning by-law,
such gross floor area attributable to such affordable units may be
allowed to exceed the maximum gross floor area in Table 5.01, up to
the percentage listed in Table 5.02 above, per the limitations in
paragraph 4 above.
b. Landscaped or Usable Open Space
Where public landscaped open space or usable open space within public
view is provided in excess of the minimum specified in Table 5.01,
additional gross floor area may be allowed at the rate of two square
feet of gross floor area for each one square foot of either kind of open
space in excess of the minimum requirements, up to the percentage
listed in Table 5.02 above, per the limitations in paragraph 4 above.
c. Community Services and Facilities Support
Where support, financial or otherwise, for Community Services and/or
Facilities is provided, such as maintenance or enhancement of Town parks
or open space, provision of public parking and/or parking for car rental
sharing services; subsidized MBTA passes for employees; provision of
daycare space, either on or offsite, the allowed gross floor area in
Table 5.01 may be exceeded by up to the percentage listed in Table 5.02
, per the limitations in paragraph 4 above.
d. Preservation of Historic Structures
Where preservation of historic structures, not otherwise required by the
zoning by-law, is undertaken the gross floor area in Table 5.01 may
be exceeded by up to the percentage listed in Table 5.02, per the
limitations in paragraph 4 above.”
or act on anything relative thereto.
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ARTICLE 15
To see if the Town will authorize and empower the Board of Selectmen to
accept title to a parcel of land adjacent to Davis Path containing 502
s.f. more or less described below and shown and denoted as "Parcel
Proposed To Be Conveyed To The Town" on Exhibit "A" hereto, such parcel
to be subject to the provisions of Article XCVII of the Massachusetts
Constitution pertaining to park land and to authorize and empower the
Board of Selectmen, in exchange therefor, to convey to the owner of the
land adjacent thereto a parcel owned by the Town containing 502 s.f.
more or less located at the end of a private way known as Kerrigan
Place, which parcel is shown and denoted as "Parcel To Be Conveyed by
the Town" on Exhibit "A" hereto for the sum of Twenty Thousand Dollars
($20,000.00) plus the Parcel To Be Conveyed To The Town, and on such
additional terms and conditions determined by The Board of Selectmen to
be in the best interests of the Town.
The parcel to be conveyed by the Town being bounded and described as
follows:
Beginning at a point on the easterly sideline of Kerrigan Place, said
point being N 13°52'40" W 106.50' of a stone bound on the northerly
sideline of Boylston Street, said point being the most southwesterly
comer of the parcel; thence running
N 13°52'40" W 30.89' by the easterly sideline of Kerrigan Place to a
point; thence turning and running
N 86°40'50" E 17.29' to a point; thence turning and running
S 13°52'40” E 27.72' to a point; thence turning and running
S 76°O7'20” W 17.00' to the POINT OF BEGINNING.
Containing 502 square feet more or less.
The parcel to be conveyed to the Town being bounded and described as
follows:
Beginning at a point on northerly sideline of Boylston Street, said
point being westerly along a curve to the left having a radius of
7,674.73', 47.58' of a stone bound and being the most southeasterly
comer of the parcel; thence running
WESTERLY 3.42' by the northerly sideline of Boylston Street, by a curve
to the left having a radius of 7,674.73' to a point of non-tangency;
thence turning and running
N 13°52'40”W 147.06' to a point; thence turning and running
N 86°40'50” E 3.48' to a point; thence turning and running
S 13°52'40” E 146.40' to the POINT OF BEGINNING.
Containing 502 square feet more or less.
or act on anything relative thereto.
EXHIBIT A
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ARTICLE 16
To see if the Town will authorize and empower the Board of Selectmen to
file a petition, in substantially the following form, with the General
Court:
AN ACT AUTHORIZING THE TOWN OF BROOKLINE TO LEASE TOWN-OWNED PROPERTY
FOR AN ADDITIONAL THIRTY YEARS
Be it enacted, etc., as follows:
Section 1. Notwithstanding any general or special law to the contrary,
the town of Brookline is hereby authorized to lease the town-owned
property located at 86 Monmouth Street and shown as Parcel 28 in Block
112 on Sheet 24 of the Town’s 2005 Assessors Atlas, to the Brookline
Arts Center, Inc., for another period not exceeding thirty years. Said
time period is in addition to the thirty year period previously granted
pursuant to Chapter 79 of the Acts of 1977. Any such lease shall be upon
such terms and conditions as the Board of Selectmen shall determine to
be in the best interest of the town.
Section 2. This act shall take effect upon its passage.
or act on anything relative thereto.
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ARTICLE 17
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 PROVIDING FOR A ZONING ENFORCEMENT OFFICER IN THE TOWN OF
BROOKLINE
Be it Enacted, etc. as follows:
Section 1. Notwithstanding any provision of any general or special law
to the contrary, the town of Brookline is hereby authorized to appoint,
by its board of selectmen, a zoning enforcement officer who shall be the
officer charged with enforcement of zoning bylaws for the purpose of
application of the provisions of Chapter forty A of the General Laws.
Section 2. The position of zoning enforcement officer shall be exempt
from the provisions of chapter thirty-one of the General Laws.
Section 3. The town of Brookline is hereby authorized to enact general
and zoning bylaws consistent with the terms of this act to provide for
the employment and duties of the zoning enforcement officer.
Section 4. This act shall take effect upon its passage.
or act on anything relative thereto.
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ARTICLE 18
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 AUTHORIZING THE TRANSPORTATION BOARD OF THE TOWN OF BROOKLINE
TO REGULATE VALET PARKING SERVICES IN THE TOWN OF BROOKLINE
Be it enacted, etc. as follows:
Section 1. Section 4 of chapter 317 of the acts of 1974, as amended, is
hereby further amended by inserting the following paragraph between the
second and third paragraphs thereof:
Also, notwithstanding the provisions of any general or special law to
the contrary, the board shall have exclusive authority to adopt, alter
or repeal rules and regulations relative to the operation, licensing or
permitting of any valet parking service that utilizes any part of a
town-controlled public way, public off-street parking area, or public
property for the movement, transport, parking, standing, storage,
pick-up, drop-off, or delivery of a motor vehicle, if it determines, by
a vote of at least four members, that such actions serve the public
safety, welfare, environment or convenience. For the purposes of this
section, a valet parking service is defined as a parking service
offered, with or without a fee, to an operator or owner of a motor
vehicle who is a patron, customer, visitor, employee, guest, invitee or
licensee of any restaurant, store, hotel, club, business, institution,
or commercial establishment wherein the operator or owner delivers
possession or control of the motor vehicle to an attendant commonly
known as a valet who then transports, parks, stores, retrieves and/or
delivers the motor vehicle.
Section 2. This act shall take effect upon its passage.
or act on anything relative thereto.
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ARTICLE 19
To see if the Town will approve a change in the name of the municipal
golf course from The Brookline Golf Club at Putterham to the “Robert T.
Lynch Municipal Golf Course at Putterham Meadows”, or act on anything
relative thereto.
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ARTICLE 20
To see if the Town will encourage the Board of Selectmen and the
Advisory Committee to include in the Fiscal Year 2009 budget that is
proposed to Town Meeting an appropriation to purchase equipment to make
possible electronic voting at Town Meeting.
Whereas Brookline residents should readily be able to find out how Town
Meeting members vote on motions considered by Town Meeting,
Whereas roll call votes at Town Meeting are rare because of the
time required in conducting a roll call vote,
Whereas electronic voting technology is now available that makes
it possible for Town Meeting members to use hand-held devices to record
their votes and for the Moderator to display accurate vote totals
instantly,
Whereas the cost of electronic voting technology is affordable,
Whereas Brookline has the capacity to administer an electronic
voting system at Town Meeting,
Whereas an electronic voting system can be administered more
efficiently if the projection system in the high school auditorium is
upgraded,
Whereas Brookline has the capacity to display the votes cast
electronically by Town Meeting members on its Web site,
Resolved: The Board of Selectmen and Advisory Committee are
encouraged to include in the fiscal year 2009 budget presented to Town
Meeting an appropriation to fund the purchasing of a system to permit
electronic voting at Town Meeting and to permit an upgrade to projection
equipment in the high school auditorium to facilitate projection of the
results of electronic votes.
Resolved: The Board of Selectmen and Advisory Committee are
encouraged to include in the fiscal year 2009 budget presented to Town
Meeting an appropriation to fund the purchasing of a system to permit
electronic voting at Town Meeting and to permit an upgrade to projection
equipment in the high school auditorium to facilitate projection of the
results of electronic votes.
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ARTICLE 21
To see if the Town will adopt the following Resolution:
A Resolution in Support of the Taking of Certain Land Adjacent to the
Hoar Sanctuary in Order to Preserve the Town’s Natural Resources and
Open Space
WHEREAS, the Hoar Sanctuary is one of the last remaining tracts
of undeveloped land in Brookline, is home to a significant number of
species of wildlife and vegetation and contains valuable wetlands;
WHEREAS, the Hoar Sanctuary is an invaluable natural resource and
educational treasure utilized by students at the adjacent Baker School
and wildlife enthusiasts including birdwatchers, there being a
significant number of avian species in the sanctuary;
WHEREAS, Town Meeting last year amended the town’s Wetlands
Protection By-law by expanding “Buffer Zones” around wetlands from 100
feet to 150 feet with the intention of preserving a buffer between
development and wetlands to protect wetlands such as those in the Hoar
Sanctuary from encroaching development;
WHEREAS, the end of Princeton Road nearest the Sanctuary is only
partially paved with the portion closest to the Sanctuary consisting of
an unpaved “paper road;”
WHEREAS, two undeveloped parcels, one on either side of the
“paper road” portion of Princeton Road, abut the Sanctuary and its
wetlands, are within the Buffer Zone which protects the Sanctuary and
its wetlands and are owned by residents who live in homes adjacent to
these parcels;
WHEREAS, one of these residents has applied for permits to
develop one of these parcels, the majority of which lies within the
Buffer Zone now protecting the Sanctuary and proposes developing the
parcel into a large private residence which will entail the cutting down
of majestic trees, the blasting of ledge and the paving of Buffer Zone
forest causing untold permanent harm to the Sanctuary and the wildlife
which takes refuge there;
Therefore, Be It Resolved that Town Meeting requests the Board of
Selectmen to appoint a committee for the purpose of exploring the taking
by eminent domain of the two parcels of private property abutting the
Hoar Sanctuary at the end of Princeton Road for the purpose of
maintaining these parcels as public open space and preserving the Buffer
Zone and the Hoar Sanctuary which it protects and reporting back to the
Board of Selectmen within one hundred twenty (120) days with a report
and recommendation on how best to effectuate a taking of these parcels
by eminent domain, which report and recommendation is to be made
available to the public.
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ARTICLE 22
To see if the Town will adopt the following Resolution:
A Resolution by the Town of Brookline To Support Tax Exemptions and
Incentives Legislation for Certain Property Owners Using Wind and Solar
Power
Whereas, tax exemptions are a well used and successful means to
encourage individual actions that will benefit the entire community,
state, and society as a whole;
Whereas, it is necessary under the Massachusetts Constitution and
Massachusetts General Laws for the state to permit a community to adopt
a local option to accept tax exemptions for certain homeowners;
Whereas, the purpose of this credit or exemption would be to
benefit society because of the resulting reduction in reliance on carbon
fuels such as coal, oil and gas which harm our climate and our
environment;
Therefore, be it resolved, that the Town of Brookline is
committed to supporting the use of alternative energy sources and
encourages the Board of Selectmen to promote such policies locally and
to contact Brookline's State Representatives to encourage state-wide
legislation giving Brookline and other municipalities a local option to
provide certain real estate tax exemptions and/or credits for property
owners installing solar or wind-powered devices.
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ARTICLE 23
To see if the Town will adopt the following resolution:
A Resolution Supporting Statewide Legislation to Encourage the
Purchase of Fuel-Efficient Vehicles
RESOLVED: That the Town of Brookline supports Statewide legislation to
encourage the purchase of fuel-efficient vehicles and/or discourage the
purchase of fuel-inefficient vehicles, such as, but not limited to,
Massachusetts bills H. 3027, H. 3067, S. 1772, S. 2080, S. 2082,
California Assembly Bill No. 493, and/or New York State Assembly Bill
No. A09003. Such legislation may make use of a sales tax, automobile
excise tax, state gas tax, point-of-sale fee, rebate or other incentives
or disincentives.
or act on anything relative thereto.
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ARTICLE 24
Reports of Town Officers and Committees |
AND YOU ARE DIRECTED TO SERVE THIS WARRANT
IN ACCORDANCE WITH THE BY-LAWS OF THE TOWN OF BROOKLINE.
HEREOF FAIL NOT, and make due return of this WARRANT, with your doings
thereon, to the Selectmen FOURTEEN DAYS at least before the day of said
meeting.
Given under our hands and the seal of the TOWN of Brookline,
Massachusetts, this eleventh day of September, 2007.
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