COMMONWEALTH OF MASSACHUSETTS

TOWN OF NORTHBRIDGE

PROCEEDINGS OF FALL ANNUAL TOWN MEETING

TUESDAY, OCTOBER 23, 20077:00 P.M.

Northbridge Middle School Auditorium

Linwood Avenue

                        

The Fall Annual Town Meeting was called to order at 7:05 p.m. by the Moderator, Harold D. Gould, Jr., at the Northbridge Middle School Auditorium on Linwood Avenue, in Whitinsville, in said Northbridge, Massachusetts.  The Moderator declared the Town Quorum of 50 present.  The invocation was given by the Reverend Raymond Coffey, Pastor of Fairlawn Christian Reformed Church, and was followed by the pledge of allegiance to the American Flag.

 

The following tellers were appointed by the Moderator and duly sworn in by the Town Clerk:  Sharon Susienka, Richard Sasseville, Roger Mathieu, Pamela LaTour, Donald Lange, and Paula McCowan.  Upon motion made and seconded and voted unanimously, the reading of the warrant and the return of service thereof were dispensed with.

 

 

ARTICLE 1:              Voted                              APPROVED                       Unanimous

Moved and seconded that the Town vote to transfer from available funds in the Treasury (free cash) the sum of $366,000 for the High School Fields and Linwood Avenue detention pond restoration projects, said funds to be expended under the direction of the Building, Planning & Construction Committee.

 

 

ARTICLE 2:              Voted                               APPROVED                       Majority

Moved and seconded that the Town vote to accept the provisions of Section 5K of Chapter 59 of the Massachusetts General Laws in order to allow the Selectmen to establish a program whereby property owners over the age of 60 on July 1st of any given year may provide volunteer service to the Town, at the State minimum wage, in exchange for a reduction in their real estate tax bills of up to $750 per Fiscal Year, in addition to any other exemptions or abatements for which they may be eligible.

 

                                    Voted                               DEFEATED                       Majority

Moved and seconded that this matter be postponed indefinitely.

 

 

ARTICLE 3:              Voted                               APPROVED                       Unanimous

Moved and seconded that the Town vote to amend the vote taken under Article 3 of the 2007 Spring Session of the Annual Town Meeting (June 12, 2007), appropriations and transfers under the Omnibus Budget Article, as follows:

NON-DEPARTMENTAL:

By transferring from Line 40 (Employee Insurance Benefits)

to new Line 40A (Life Insurance) the sum of                                         $15,000.

 

 

ARTICLE 4:              Voted                               APPROVED                       Unanimous

Moved and seconded that the Town vote to pass over this article.

To see if the Town will vote to amend the vote taken under Article 3 of the 2007 Spring Session of the Annual Town Meeting (June 12, 2007), appropriations and transfers under the Omnibus Budget Article, as follows:

NON-DEPARTMENTAL:

Line 40:  Employee Insurance Benefits

By decreasing the amount previously raised and appropriated by a certain sum of money;

or take any other action relative thereto.

 

 

ARTICLE 5:              Voted                               APPROVED                       Unanimous                              

Moved and seconded that the Town vote to amend the vote taken under Article 3 of the 2007 Spring Session of the Annual Town Meeting (June 12, 2007), appropriations and transfers under the Omnibus Budget Article, as follows:

NON-DEPARTMENTAL:

Line 43 (Stabilization Fund)

By raising and appropriating the sum of                                                             $150,000.

 

Attendance:   137  (7:30 P.M.)

 

ARTICLE 6:              Voted                              APPROVED                       Unanimous

Moved and seconded that the Town vote to raise and appropriate the sum of $10,000 for the purpose of purchasing mechanic’s tools for use by the Department of Public Works for maintenance and repair of departmental vehicles.

 

 

ARTICLE 7:              Voted                               APPROVED                       Unanimous

Moved and seconded that the Town vote to raise and appropriate the sum of $25,000 to fund Town Hall security and ADA accessibility projects, said funds to be expended under the direction of the Town Manager.

 

 

ARTICLE 8:              Voted                               APPROVED                       Unanimous

Moved and seconded that the Town vote to pass over this article.

To see if the Town will vote to accept the second paragraph of MGL C.129 §15 regarding the annual nomination of inspectors of animals; or take any other action relative thereto.

 

 

ARTICLE 9:              Voted                               APPROVED                       Unanimous

Moved and seconded that the Town vote to pass over this article.

To see if the Town will vote to amend § 4-403 (B) of the Code of the Town of Northbridge by deleting the words "Town Manager" in the first sentence and replacing them with the words "Board of Health" so that the section reads as follows: 

B. Mode of appointment; term of office. The Board of Health shall annually, in March, nominate one or more Inspectors of Animals, and before April first, shall send to the Director of Animal Health of the commonwealth the name, address and occupation of each nominee.  Such nominee shall not be appointed until approved by the Director of Animal Health of the commonwealth (MGL C.129, §15). 

or take any other action relative thereto.

ARTICLE 10:            Voted                               APPROVED                                   2/3 vote attained 

                                                                                                               Moderator declared 2/3 vote by

                                                                                                               Virtue of Town ByLaw C3-106

Moved and seconded that the town vote to AMEND the Town of Northbridge Zoning Bylaw Chapter 173 as follows:

(1.) Revising Article VII, Section 173-23 [Signs permitted in any business district] by deleting the comma after the words "automotive service establishment" in paragraph A and adding after said words and before the word "provided" the following: "within a Business Two (B-2) and/or a Business Three (B-3) district shall be permitted", so that paragraph A reads as follows: A.  One pole sign for each street frontage of an automotive service establishment within a Business Two (B-2) and/or a Business Three (B-3) district shall be permitted, provided that it shall not exceed 60 square feet in surface area, no portion of it shall set back less than five feet from any street lot line, it shall not be erected so that any portion of it is over 30 feet above the ground or sidewalk and, if lighted, it shall be illuminated internally with white or blue lights only.

(2.) By adding the following new paragraph D to said Section 173-23: "D. Freestanding signs within the Business One (B-1) and Heritage (H) zoning district shall be limited to monument-style.  Freestanding pylon type or pole signs shall not be permitted within the Business One (B-1) and Heritage (H) zoning districts".

(3.) Revising Article II, Section 173-2B [Terms defined] by ADDING the following definition for "monument sign" after the definition for "Sign, identification" and before the definition for "Sign, surface area of" to read as follows: "Sign, monument-style – A monument-style sign is a ground sign with low overall height.  This type of sign does not have a visible pole and generally has a decorative base and if lighted shall be externally lit.  Said signage including its base shall not exceed six (6) feet in height and twenty (20) square feet in area in the Business One (B-1) and Heritage (H) zoning districts".

 

Attendance:  143 (7:45 P.M.)

 

 

ARTICLE 11:            Voted                               APPROVED                       Unanimous

Moved and seconded that the Town vote to pass over this article.

To see if the Town will vote to AMEND the Town of Northbridge Zoning By-Law Chapter 173, Article II, Section 173-2B [Terms defined], "lot width" definition, by deleting the text indicated below by strikethrough and adding the text indicated below by underline:

 

LOT WIDTH – the horizontal distance between the side lot lines as measured at the street line and the required front yard depth, which may or may not coincide with the actual front setback line.  The lot width between the front lot line and the required front setback shall be measured with a circle having the diameter of the required lot width.  The diameter of the circle shall pass from the front lot line through the required front setback.  The circle shall be contained entirely within the lot lines.

 

So that the definition reads as follows:

 

LOT WIDTH – the horizontal distance between the side lot lines as measured at the street line and the required front yard depth.  The lot width between the front lot line and the required front setback shall be measured with a circle having the diameter of the required lot width.  The diameter of the circle shall pass from the front lot line through the required front setback.  The circle shall be contained entirely within the lot lines.

 

 or take any other action relative thereto.

 

 

ARTICLE 12:            Voted                               APPROVED                       Unanimous

Moved and seconded that the Town vote to AMEND the Town of Northbridge Zoning By-Law Chapter 173 Section 173-12 [Table of Use Regulations], by adding permitted use provisions in the Industrial – One (I-1) and Industrial – Two (I-2) Zoning District columns for the following Agricultural and Retail and Services use categories so that the entries in those columns for those categories read as follows:

 

Use

Industrial –One (I-1)

Industrial –Two (I-2)

Agricultural:

 

 

Year round greenhouse or stand for wholesale and retail sale of agricultural or farm products

 

S3

 

S3

 

 

 

Temporary (not to exceed erection or use for a period exceeding 3 months in any 1 year) greenhouse or stand for retail sale of agricultural or farm products raised primarily on the same premises

S

S

 

 

 

Retail and services:

 

 

Stores usually selling a combination of 2 or more of the following: dry goods, apparel and accessories, furniture and home furnishings, small wares, hardware and food

S3

S3

 

 

 

Establishment primary selling food and drink for home preparation and consumption or on its premises

S3

S3

 

 

 

Establishments selling new automobiles or new and used automobiles and trucks, new automobile tires and other accessories, aircraft, boats, motorcycles and household trailers

S

S

 

 

 

Hotels and motels

S3

S3

 

 

 

Personal service establishments

S3

S3

 

 

 

Miscellaneous business offices and services

S3

S3

 

 

 

Motion-picture establishment

S3

S3

 

 

 

Planned business development

S

S

 

 

 

[Text to be added is indicated by underline.]

 

[NOTE: In the Table of Use Regulations, the uses permitted by right in the district are designated by the letter P.  Those uses that may be permitted by special permit in the district, in accordance with §173-47, are designated by the letter S.  Uses designated "-" are not permitted in the district.  Footnote 3 states- "Use shall only be allowed if part of a Planned Business Development."]

 

 

ARTICLE 13:            Voted                               APPROVED                       Unanimous

Moved and seconded that the Town vote to AMEND the Town of Northbridge Zoning By-Law Chapter 173, Section 173-16 [Permitted uses in Limited Industrial District (I-2)], to provide for permitted uses in the Industrial-One (I-1) Zoning District by inserting in the Section heading, and in the first sentence, before the words "Limited Industrial District (I-2)" the words "Industrial-One (I-1) District and".

 

 

ARTICLE 14:            Voted                               APPROVED                       Unanimous      

Moved and seconded that the Town vote to AMEND the Town of Northbridge Zoning By-Law Chapter 173, Subsection 173-47B (2) [Planned Business Development], by ADDING provision(s) for the Industrial-One (I-1) Zoning District in clauses a, e, h and k so that subsection B(2) reads as follows (with deletions shown by strikethrough and additions shown by underline):

 

(2)        Planned Business Development. [Amended 6-11-2002 ATM, Art. 24]

 

Purpose. A Planned Business Development (PBD) allows for the comprehensive and integrated development of a plot of land by permitting a mixture of open space, commercial and light industrial uses, which can be combined in a compatible relationship with each other. Multiple buildings may be allowed on an individual lot and multiple uses may be allowed in each building. The PBD provides greater flexibility in the design and layout of buildings, parking areas, and open space.

 

Applicability. The Planning Board may issue a special permit for a Planned Business Development, if the development application is determined to be sufficiently advantageous to render it appropriate to depart from the normal requirements of the district to the extent authorized by the Zoning Bylaw and the development meets the following requirements:

 

(a)        Said development shall be located in a Business District (B-1, B-2, B-3) and/or the an Industrial District (I-1, I-2) Industrial-Two District (1-2);

 

(b)        Said lot shall be at least three acres in size;

 

(c)        A development plan shall be presented for the entire area described in the application and applicants must file a site plan under § 173-49;

 

(d)        Uses allowed in a Planned Business Development located in any B District shall be any use permitted by right or by special permit in any B District;

 

(e)        Uses allowed in a Planned Business Development located in an I-2 District any I District shall only be any use permitted by right or by special permit in the I-2 District any I District;

 

(f)         Multiple buildings may be allowed on individual lots and multiple uses may be allowed in each building;

 

(g)        The development area shall be served by common parking areas and have common exits and entrances;

 

(h)        Developments are subject to a maximum building coverage of 80% of the lot in any Business District and 60% of the lot in the Industrial-2 District any Industrial District.

 

(i)         Parking: The number of parking and loading spaces required shall be determined by using the standards for each use as provided elsewhere in this Zoning Bylaw. The Planning Board may allow a reduction of the required number of spaces by up to 25% if it can be demonstrated that two or more uses within a single development can share parking areas due to different hours of normal activity. A change in use of one of the businesses shall require the construction of the full amount of parking otherwise required unless the Planning Board grants a special permit to allow the parking reductions to remain in effect.

 

(j)                 Said development shall be in harmony with the general purpose and intent of this provision of the Zoning Bylaw.

 

(k)               For Planned Business Developments in the I-2 District any Industrial District,  developments shall comply with § 173-101, Design standards, of Article XVI, the Route 146 Overlay District Bylaw.

 

 

ARTICLE 15:            Voted                               APPROVED                       Unanimous      

Moved and seconded that the Town vote to pass over this article.

To see if the Town will vote to amend Section 4-307, Conservation Commission, of Chapter 4 and Section 7-700, Wetlands Protection Bylaw, of Chapter 7 of the Code of the Town of Northbridge as proposed by the Conservation Commission, a copy of said proposed amendments being on file with the Town Clerk; or take any other action relative thereto.

           

 

ARTICLE 16:            Voted                               DEFEATED                       Majority          

Moved and seconded that the Town vote to transfer from available funds in the Treasury (Free Cash), the sum of $237,036.00 to replace School Choice funds inadvertently expended by the Town that must be repaid to the School District.

 

 

ARTICLE 17:            Voted                               DEFEATED                       Majority          

Moved and seconded that the Town vote to transfer from available funds in the Treasury (Free Cash), the sum of $53,200.00 to reimburse the School District for replacement of the Middle School Emergency Generator.

 

 

 

ARTICLE 18:            Voted                               APPROVED                       Unanimous                  

Moved and seconded that the Town vote to accept as a public way, Forsythe Farm Road (Quaker Ridge Development), as heretofore laid out by the Board of Selectmen, a copy of which layout is on file with the Town Clerk, and further authorize the Board of Selectmen, in the name and behalf of the Town, to acquire by gift, easements in said way for the purpose for which public ways are used in Town.

 

 

ARTICLE 19:            Voted                               APPROVED                       Unanimous      

Moved and seconded that the Town vote to accept as a public way, the alteration and extension of Ash Street as heretofore laid out by the Board of Selectmen, a copy of which layout is on file with the Town Clerk, and further authorize the Board of Selectmen, in the name and behalf of the Town, to acquire by gift, easements in said way for the purpose for which public ways are used in Town.

 

 

ARTICLE 20:            Voted                               APPROVED                       Unanimous      

Moved and seconded that the Town vote to accept as a public way, a portion of Brookway Drive (Graystone at Northbridge Subdivision), from Allyn Road to the end of the cul-de-sac, as heretofore laid out by the Board of Selectmen, a copy of which layout is on file with the Town Clerk, and which is shown as "Brookway Drive, 50' Wide Area = 36,481 SF" on a Plan of Land entitled "Graystone at Northbridge Acceptance Plan of a Portion of Brookway Drive in Northbridge, MA, Owner: Howe Development Corporation & Colman Construction Co., Inc., Scale: 1" = 40', Date:  January 28, 2005, prepared by Guerard Survey Co. & Assoc. Inc.," and to vote to accept the easement shown as "Existing Drain and Detention Area Easement Area = 17,778 SF" and the two easements shown as "Existing Temporary Roadway Easement Area = 3,468 SF"; and further authorize the Board of Selectmen, in the name and behalf of the Town, to acquire by gift, easements in said way for the purpose for which public ways are used in the Town of Northbridge.

 

 

ARTICLE 21:            Voted                               APPROVED                       Unanimous      

Moved and seconded that the Town vote to accept the Open Space, with the improvements thereon, located in the Graystone at Northbridge Subdivision, shown as "Open Space 14.03 Acres" on a Plan of Land entitled, "Plan of Land in Northbridge, MA, Owner: Howe Development Corp., Prepared For: Colman construction Co., Scale:1" = 80', Date: September 7, 2001, Prepared by: Guerard Survey Co. & Assoc. Inc., 11 Summer Street, Westborough, MA  01581," which Plan is recorded with the Worcester South District Registry of Deeds as Plan 117 in Plan Book 772, together with the permanent right and easement to use the "Proposed 25 Ft Wide Right of Way to Open Space" as shown on said Plan for the purpose of access to and egress from said Open Space, for use as a playground and Open Space for the Town of Northbridge, and further to authorize the Board of Selectmen, in the name and behalf of the Town, to acquire by gift, the fee interest in the Open Space and easement rights over the Right of Way for playground and Open Space purposes.

 

 

ARTICLE 22:            Voted                               APPROVED                       Unanimous      

Moved and seconded that the Town vote to pass over this article.

To see if the Town will vote to authorize the Board of Selectmen to acquire, on behalf of the Town, by purchase, gift, eminent domain or otherwise, sewer pump stations, any and all infrastructure related thereto, and easements appurtenant to and serving said sewer pump stations and related infrastructure, on land located off Marston Road, shown on Assessors' Map 15, Parcel 137, and land located off Hillview Lane, shown on Assessors' Map 15, Parcel 116; and to appropriate a sum of money therefore; or take any other action relative thereto.

 

 

ARTICLE 23:            Voted                               APPROVED                       Unanimous      

Moved and seconded that the Town vote to pass over this article.

To see if the Town will vote to amend the zoning map incorporated into its Zoning By-law rezoning from Residential 2 and R-3 to Business One (B-1) the following parcel of land:

Assessors Map 25 Lot 113 containing 3.83 acres.

Beginning at the corner formed by the intersection of the northeasterly line of said Providence and Worcester Road with the northerly line of Upton Street.

Thence West Three hundred and thirty feet and 79/100 (330.70) feet to a highway bound.

Thence North eleven and 57/100 (11.57) feet

Thence North three hundred and nine 02/100 (309.62) feet

Thence East two hundred (200) feet

Thence East ninety-three and 48/100 feet

Thence three hundred feet

Thence Southwesterly on a curved line having a radius of one thousand one hundred and twenty-seven and 13/100 (1127.13) feet, one hundred seventy-six and 93/100 feet.

Thence two hundred forty-five and 18/100 (245.81) feet to the beginning the last two lines by said Upton Street;

or take any other action relating thereto.

 

Action having been completed on all of the Articles on the Warrant for the Fall Annual Town Meeting of October 23, 2007, a motion was made and seconded to dissolve the Warrant and adjourn the meeting.

 

Voted unanimously at 9:45 P.M. to dissolve the Warrant and adjourn the Fall Annual Town Meeting.

 

 

A TRUE COPY                                                           ATTEST:__________________________

                                                                                       Doreen A. Cedrone, Town Clerk