COMMONWEALTH OF MASSACHUSETTS                    

WARRANT FOR FALL ANNUAL TOWN MEETING

TOWN OF NORTHBRIDGE                        

TRANSACTION OF TOWN BUSINESS

TUESDAY, OCTOB ER 23, 2007 - 7:00 P.M.

 

 

 

 

WORCESTER, ss:

To any Constable of the Town of Northbridge in said County,

GREETINGS:

In the name of the Commonwealth of Massachusetts, you are hereby directed to notify the Inhabitants of the Town of Northbridge, qualified to vote in Town elections and Town affairs, to meet in the Northbridge Middle School Auditorium on Linwood Avenue, in Whitinsville, in said Northbridge, Massachusetts, on Tuesday, October 23, 2007 at 7:00 o'clock P.M., then and there to act on the following articles:

 

ARTICLE 1:               (Board of Selectmen) 

To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (free cash) a sum of money 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; or take any other action relative thereto.

 

ARTICLE 2:               (Board of Selectmen)

To see if the Town will 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; or take any other action relative thereto.

 

ARTICLE 3:               (Board of Selectmen)

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:

 

By transferring from Line 40 (Employee Insurance Benefits)

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

 

or take any other action relative thereto.

 

ARTICLE 4:               (Board of Selectmen)

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:               (Board of Selectmen)

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:

 

By transferring from Line 40 (Employee Insurance Benefits) and/or raising and appropriating a certain sum of money to Line 43 (Stabilization Fund);

       

or take any other action relative thereto.

 

ARTICLE 6:               (Board of Selectmen)

To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (free cash) or transfer from the proceeds of the sale of surplus property account a sum not to exceed $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; or take any other action relative thereto.

 

ARTICLE 7:               (Board of Selectmen)

To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (free cash) a sum of money to fund Town Hall security and/or ADA accessibility projects, said funds to be expended under the direction of the Town Manager; or take any other action relative thereto.

 

ARTICLE 8:               (Board of Health)

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:               (Board of Health)

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:             (Planning Board)

To see if the Town will vote to AMEND the Town of Northbridge Zoning By-Law Chapter 173 as follows:                

 

A. Revising Article VII, Section 173-23 [Signs permitted in any business district] as follows:

 

1) 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,";          and

 

2) By adding the following new paragraph D:

 

"D. Freestanding signs within the Business One (B-1) and Heritage (H) zoning districts shall be limited to monument-style, externally lit, wood-carved or suitable alternative.  Such signage shall not exceed six (6) feet in height and twenty (20) square-feet in area.  Freestanding pylon type or pole signs shall not be permitted within the Business One (B-1) and Heritage (H) zoning districts."

 

B.  Revising Article II, Section 173-2B [Terms defined] by ADDING the following definition for a "monument sign" after the definition for "SIGN, BUSINESS" and before the definition for "SIGN, IDENTIFICATION";

 

SIGN, MONUMENT-STYLE – A monument-style sign is a ground sign with low overall height.  This type of signage does not have a visible pole and generally has a decorative base.  Monument-style signage shall be wood-carved or suitable substitute, externally lit, not exceeding six (6) feet in height and twenty (20) square feet in area in the Business One (B-1) and Heritage (H) zoning district.   

 

 or take any other action relative thereto.

 

ARTICLE 11:             (Planning Board)

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:             (Planning Board)

To see if the Town will 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 an 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

 

 

 

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

S3

S3

 

 

 

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

S

S

 

 

 

Hotel and motels

S3

S3

 

 

 

Personal service establishment

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."]

 

or take any other action relative thereto.

 

ARTICLE 13:                         (Planning Board)

To see if the Town will 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"; or take any other action relative thereto.

 

ARTICLE 14:             (Planning Board)

To see if the Town will 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.

 

or take any other action relative thereto.

 

ARTICLE 15:             (Conservation Commission)

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:             (Petition)

Move that the Town of Northbridge vote to raise and appropriate or transfer from available funds in the Treasury and/or from Free Cash or the Stabilization Fund, 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:                         (Petition)

Move that the Town of Northbridge vote to raise and appropriate or transfer from available funds in the Treasury and/or from Free Cash or the Stabilization Fund, the sum of $53,200.00 to reimburse the School District for replacement of the Middle School Emergency Generator.

 

ARTICLE 18:             (Petition)        

To see if the Town will 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 purchase, eminent domain, gift or otherwise, easements in said way for the purpose for which public ways are used in Town; or take any other action relative thereto.

 

ARTICLE 19:                         (Petition)

To see if the Town will 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 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 purchase, eminent domain, gift or otherwise, easements in said way for the purpose for which public ways are used in Town; or take any other action relative thereto.

 

ARTICLE 20:             (Petition)

To see if the Town will 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 "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 purchase, eminent domain, gift or otherwise, easements in said way for the purpose for which public ways and easements are used in the Town of Northbridge; or take any other action relative thereto.

 

ARTICLE 21:             (Petition)

To see if the Town will 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 purchase, eminent domain, gift or otherwise, the fee interest in the Open Space and easement rights over the Right of Way for playground and Open Space purposes, or take any other action relative thereto.

 

ARTICLE 22:             (Petition)

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:             (Petition)

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.

 

 

 

 

And you are directed to serve this warrant by posting attested copies thereof at the Whitinsville Post Office, Town Clerk's Office, and Brian's Restaurant in Linwood, all in Precinct 1; Office of Polyfoam Corp., and Gary's Variety in Northbridge in Precinct 2;  North Main Variety in said Whitinsville in Precinct 3; and Northbridge Post Office, and Northbridge Center Congregational Church Bulletin Board in Precinct 4;  twenty-eight (28) days at least before the time and place of meeting aforesaid.

WHEREOF FAIL NOT, and make due return of the warrant, with your doings thereon, to the Town Clerk at the time and place of said meeting.  GIVEN under our hand this 24th day of September in the year Two Thousand Seven.     

 

 

 

SELECTMEN OF NORTHBRIDGE

 

                                                           

                                                            William J. Audette, Chairman

 

 

                                                                                                                                                           

Joseph J. Montecalvo                                                  Charles Ampagoomian, Jr.

 

                                                                                                                                                           

John A. Davis                                                              James R. Marzec