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Official "stuff" (reprints and excerpts) Fall 2008 special Town Meeting Warrant
Official "stuff" (reprints and excerpts) Fall 2008 special Town Meeting Warrant
2008-10-20 Special Town Meeting Warrant
Written by Michael (admin)
ARTICLE 1. Rule of the Meeting (Town Coordinator)
To see if the Town will vote to adopt a Rule of the Meeting, applicable to this Town
Meeting only, such that after all other votes and reconsideration from the floor are
complete, and if the size of the appropriations voted appear to make necessary a ballot
override vote (either levy, capital outlay or debt exclusion) under MGL Ch. 59 s. 21C
(“Proposition 2½ “), then the conditions for reconsideration shall be deemed to have been
met, and the moderator shall accept motions for reconsideration on any appropriation but
from the Finance Committee only, for the purpose of reducing certain appropriations or
all appropriations to meet the limits of Proposition 2½, or for the purpose of making
certain appropriations contingent upon an override vote, or to take any other action
thereon.
Article 2. Payment of Prior Year’s Bills (Town Coordinator)
To see if the Town will vote to raise and appropriate or transfer from available funds a
sum of money to pay prior year’s bills, including but not limited to the following:
Allan J. Rooney $650.00 Police Officer Employment Evaluation
or to take any other action thereon.
ARTICLE 3. Amend Town Bylaws (Historical Commission)
To see if the Town will vote to amend paragraph (b) of Section 5 of Article 28 of the
Westborough Town Bylaws, by changing the year “1900” to “1950”, or to take any other
action thereon.
ARTICLE 4. Creation of an Economic Development Committee (Board of
Selectmen)
To see if the Town will vote to create a permanent Economic Development Committee
appointed by the Board of Selectmen on an annual basis. The members shall consist of
the Town Manager, Town Planner, DPW Director, Town Engineer, Town Assessor,
Town Building Commissioner, a member of the Board of Selectmen, Town Counsel, and
two (2) members of the Westborough Business Community. The members may also
appoint their own designee in cases where their attendance at meetings is not possible.
The designees shall have full voting rights. The purpose of the committee will be to
promote business development within Westborough; to provide advice to the Board of
Selectmen on economic development policy; to meet with and work with current
Westborough businesses and prospective businesses; and to work cooperatively with
businesses and state agencies to retain current businesses and attract new businesses to
Westborough; and further, to see if the Town will raise and appropriate or transfer from
available funds the sum of Ten Thousand dollars ($10,000) or such other amount as the
Town may vote to pay for professional marketing materials to promote business
development in the Town of Westborough, or take any other action thereon.
ARTICLE 5. Amend Zoning Bylaw/Dimension Standards (Municipal Building
Committee)
To see if the Town will vote to establish dimension standards, pursuant to the
Westborough Zoning Bylaws Section 2630, Buildings in M-1 District, for a new Public
Safety Facility at 42-50 Milk Street as shown on a plan entitled “The New Public Safety
Facility for the Town of Westborough, 50 Milk Street, Westborough, Massachusetts,
Building Envelope Plan,” scale: 1” = 20’, drawn by M.R. Roming Associates, P.C., West
Hartford, CT and dated August 15, 2008, a copy of which is on file in the office of the
town clerk, or to take any other action thereon.
ARTICLE 6. Amend Salary Administration Plan (Personnel Board)
To see if the Town will vote to amend Article 13 (Salary Administration Plan), Section
24 (Classification Plan) of its bylaws by making the following changes to the following
department:
SECTION 24. (Classification Plan)
COUNCIL ON AGING:
Add:
Substitute Mini-Bus Driver H-7, Step 1 0
or to take any other action thereon.
ARTICLE 7. Ballfields Contract (DPW Manager)
To see if the Town will vote to authorize the Board of Selectmen, through its
Procurement Officer, to enter into a contract for a period not to exceed five (5) years for
the maintenance of Town ball fields, or to take any other action thereon.
ARTICLE 8. Primrose Lane (DPW Manager)
To see if the Town will vote to take by eminent domain a street known as Primrose Lane
in the Town of Westborough, as laid out on a plan, on file in the office of the Town
Clerk, entitled “Pheasant Hill Estates, Westborough, MA (Worcester County) Roadway
Acceptance Plan for Primrose Lane,” dated October 31, 2002 (revised March 20, 2003);
or to take any other action thereon.
ARTICLE 9: Accept Various Roads (DPW Manager)
To see what action the Town may take on the following items A through D, which may
be voted as a block, or singly or in any combination:
A.To see if the Town will vote to accept and establish as a Town way under
Massachusetts General Law, Chapter 82 a private way known as Olde Hickory Path
from the sideline of Route 30 (Nourse Street) a distance of 2,515 feet, more or less to
its end, together with associated easements, as laid out by the Board of Selectmen and
as shown on a plan titled “Road Acceptance Plan of Olde Hickory Path dated
September 23, 2008” prepared by Guerard Survey, Inc, a copy of which is on file in
the office of the Town Clerk, further to acquire the associated easements and rights in
the way as a gift, purchase or take by eminent domain, under the provisions of the
General Laws Chapter 79, as amended, provided said takings are obtained in a
mutually agreed manner between the Town, and the landowner, and subject to a
$5,000.00 maintenance bond established under the supervision of the Planning Board,
B.To see if the Town will vote to accept and establish as a Town way under
Massachusetts General Law, Chapter 82 a private way known as Whispering Pine
Drive from the sideline of Route 30 (Nourse Street) a distance of 922 feet more or
less to the sideline of Olde Hickory Path, together with associated easements, as laid
out by the Board of Selectmen and as shown on a plan titled “Road Acceptance Plan
of Whispering Pine Drive dated September 23, 2008” prepared by Guerard Survey,
Inc, a copy of which is on file in the office of the Town Clerk, further to acquire the
associated easements and rights in the way as a gift, purchase, or take by eminent
domain, under the provisions of the General Laws Chapter 79, as amended, provided
said takings are obtained in a mutually agreed manner between the Town, and the
landowner, and subject to a $5,000.00 maintenance bond established under the
supervision of the Planning Board,
C.To see if the Town will vote to accept and establish as a Town way under
Massachusetts General Law, Chapter 82 a private way known as Thistle Hill Lane
from the sideline of Olde Hickory Path a distance of 226 feet more or less to its end,
together with associated easements, as laid out by the Board of Selectmen and as
shown on a plan titled “Road Acceptance plan of Thistle Hill Lane dated September
23, 2008” prepared by Guerard Survey, Inc, a copy of which is on file in the office of
the Town Clerk, further to acquire the associated easements and rights in the way as
a gift, purchase or take by eminent domain, under the provisions of the General Laws
Chapter 79, as amended, provided said takings are obtained in a mutually agreed
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manner between the Town, and the landowner, and subject to a $5,000.00
maintenance bond established under the supervision of the Planning Board,
D.To see if the Town will vote to accept and establish as a Town way under
Massachusetts General Law, Chapter 82 a private way known as Copperbeech Circle
from the sideline of Olde Hickory Path a distance of 623 feet more or less to its end,
together with associated easements, as laid out by the Board of Selectmen and as
shown on a plan titled “Road Acceptance Plan of Copperbeech Circle dated
September 23, 2008” prepared by Guerard Survey, Inc, a copy of which is on file in
the office of the Town Clerk, further to acquire the associated easements and rights in
the way as a gift, purchase or take by eminent domain, under the provisions of the
General Laws Chapter 79, as amended, provided said takings are obtained in a
mutually agreed manner between the Town, and the landowner, and subject to a
$5,000.00 maintenance bond established under the supervision of the Planning Board,
or take any other action thereon.
ARTICLE 10. Parcel “C” Gift (Town Counsel)
To see if the Town will vote to accept as a gift, purchase or take by eminent domain a
parcel of land identified as “Parcel C,” together with all improvements and
appurtenances, as shown on a plan of land entitled “The Ridings At Quick Farm
Definitive Plan of Land in Westborough, Massachusetts,” prepared by Thompson-Liston
Associates, dated December 1, 1993 (most recently revised on June 2, 1994) and
recorded at the Worcester County Registry of Deeds at Plan Book 686, Plan 89 a copy of
which is on file with the office of the Town Clerk; or to take any other action thereon.
ARTICLE 11. Accept Gift of Land (Board of Selectmen)
To see if the Town will vote to accept as a gift, purchase or take by eminent domain a
certain plot of land identified as “Public Park Parcel,” together with all improvements and
appurtenances, but excluding private utilities, consisting of approximately 95,008 square
feet of land, on a plan, a copy of which is on file in the office of the Town Clerk, entitled
“Plan of Public Park Parcel, Bay State Commons, Westborough, MA (Worcester
County), Approval Not Required,” prepared by Waterman Design Associates, Inc.; and to
authorize the Board of Selectmen to execute and accept any documents necessary for
such acquisition, under such terms and conditions as the Selectmen deem in the interests
of the Town., or to take any other action thereon.
ARTICLE 12. Non-Zoning Wetlands Protection Bylaw (Conservation Commission)
To see if the Town will vote to amend the Town By-laws by adding a new
Article 45 as follows:
I. Purpose
The purpose of this bylaw is to protect the wetlands, water resources, flood prone areas,
and adjoining upland areas in the Town of Westborough, Massachusetts by controlling
activities deemed by the Conservation Commission likely to have a significant or
cumulative effect on resource area values, including but not limited to the following:
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public or private water supply, groundwater supply, flood control, erosion and
sedimentation control, storm damage prevention, water quality, prevention and control of
pollution, fisheries, wildlife habitat, rare species habitat including rare plant and animal
species, agriculture, aquaculture, and recreation values, deemed important to the
community (collectively, the “resource area values protected by this bylaw”).
This bylaw is intended to utilize the Home Rule authority of this municipality so as to
protect the resource areas under the Wetlands Protection Act (G.L. Ch.131 §40; the Act)
to a greater degree, to protect additional resource areas beyond the Act recognized by the
Town as significant, to protect all resource areas for their additional values beyond those
recognized in the Act, and to impose in local regulations and permits additional standards
and procedures stricter than those of the Act 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 and other relevant
bylaws of the Town of Westborough, Massachusetts.
II. Jurisdiction
Except as permitted by the Conservation Commission no person shall commence to
remove, fill, dredge, build upon, degrade, discharge into, or otherwise alter the following
resource areas: any freshwater wetlands, marshes, wet meadows, bogs, swamps, vernal
pools, springs, banks, reservoirs, lakes, ponds of any size, beaches, lands under water
bodies, intermittent streams, brooks and creeks; lands adjoining these resource areas out
to a distance of 100 feet, known as the buffer zone; perennial rivers, streams, brooks and
creeks; lands adjoining these resource areas out to a distance of 200 feet, known as the
riverfront area; lands subject to flooding or inundation by groundwater or surface water
including the 100-year flood plain; (collectively the “resource areas protected by this
bylaw”). Said resource areas shall be protected whether or not they border surface waters.
The jurisdiction of this bylaw shall not extend to uses and structures of agriculture that
enjoy the rights and privileges of laws and regulations of the Commonwealth governing
agriculture, including work performed for normal maintenance or improvement of land in
agricultural or aquacultural uses as defined by the Wetlands Protection Act regulations,
found at 310 CMR 10.04.
III. Exemptions and Exceptions
The applications and permits required by this bylaw shall not be required for work
performed for normal maintenance or improvement of land in agricultural and
aquacultural use as defined by the Wetlands Protection Act regulations at 310 CMR
10.04 and for mosquito control projects..
The applications and permits required by this bylaw shall not be required for 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 Conservation Commission prior to commencement of
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work, and provided that the work conforms to any performance standards and design
specifications in regulations adopted by the Commission.
The applications and permits required by this bylaw shall not be required 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.
Other than stated in this bylaw, the exceptions provided in the Wetlands Protection Act
(G.L. Ch. 131 §40) and regulations (310 CMR 10.02(2)(b)(1)(a-g) shall apply under this
bylaw.
IV. Applications and Fees
Written application shall be filed with the Conservation 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 application and plans under
this bylaw any application and plans filed under the Wetlands Protection Act (G.L. Ch.
131 §40) and regulations (310 CMR 10.00), but the Commission is not obliged to do so.
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 of Applicability (RDA) or Abbreviated Notice of Resource Area
Delineation (ANRAD) filed under the Act shall include information and plans as are
deemed necessary by the Commission.
Pursuant to G.L. Ch. 44 §53G and regulations promulgated by the Commission, the
Commission may impose reasonable fees upon applicants for the purpose of securing
outside consultants including engineers, wetlands scientists, wildlife biologists or other
experts in order to aid in the review of proposed projects. Such funds shall be deposited
with the town treasurer, who shall create an account specifically for this purpose.
Additional consultant fees may be requested where the requisite review is more
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expensive than originally calculated or where new information requires additional
consultant services.
Only costs relating to consultant work done in connection with a project for which a
consultant fee has been collected shall be paid from this account, and expenditures may
be made at the sole discretion of the Commission. Any consultant hired under this
provision shall be selected by, and report exclusively to, the Commission. The
Commission shall provide applicants with written notice of the selection of a consultant,
identifying the consultant, the amount of the fee to be charged to the applicant, and a
request for payment of that fee. Notice shall be deemed to have been given on the date it
is mailed or delivered. The applicant may withdraw the application or request within five
(5) business days of the date notice is given without incurring any costs or expenses.
The entire fee must be received before the initiation of consulting services. Failure by the
applicant to pay the requested consultant fee within ten (10) business days of the request
for payment shall be cause for the Commission to declare the application administratively
incomplete and deny the permit without prejudice, except in the case of an appeal. The
Commission shall inform the applicant and Department of Environmental Protection
(DEP) of such a decision in writing.
The applicant may appeal the selection of an outside consultant to the Board of
Selectmen, who may disqualify the consultant only on the grounds that the consultant has
a conflict of interest or is not properly qualified. The minimum qualifications shall
consist of either an educational degree or three or more years of practice in the field at
issue, or a related field. The applicant shall make such an appeal in writing, and must be
received within ten (10) business days of the date that request for consultant fees was
made by the Commission. Such appeal shall extend the applicable time limits for action
upon the application.
V. Notice and Hearings
Any person filing a permit application with the Conservation Commission shall at the
same time give written notice thereof, by certified mail (return receipt requested) or hand
delivered, 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 300 feet of the property line of
the applicant, including any in another municipality or across a body of water. The notice
shall state a brief description of the project or other proposal and the date of any
Commission hearing or meeting date if known. The notice to abutters shall state where
copies of the application or request, with plans, 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.
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The Commission shall conduct a public hearing on any permit application, with written
notice given at the expense of the applicant, at least 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, unless an extension is authorized in writing by the applicant. The
Commission shall have authority to continue the hearing to a specific date announced at
the hearing, for reasons stated at the hearing, which may include the need for additional
information from the applicant or others as deemed necessary by the Commission in its
discretion, based on comments and recommendations of the boards and officials listed in
§VI.
The Commission shall issue its permit, other order 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. Ch.131 §40) and regulations (310 CMR 10.00).
VI. Coordination with Other Boards
Any person filing a permit application, with the Conservation Commission shall provide
a copy thereof at the same time, by certified mail (return receipt requested) or hand
delivery, to the planning board, town engineer, or other boards as directed by the
Commission at its discretion. A copy shall be provided in the same manner to the
Commission of the adjoining municipality, if the permit application pertains to property
within 300 feet of that municipality. An affidavit of the person providing notice, with a
copy of the notice mailed or delivered, shall be filed with the Commission. The above
boards and officials shall have seven days to provide written comments and
recommendations with the Commission, which the Commission shall consider but which
shall not be binding on the Commission. The Commission has the discretion to extend the
time to submit written comments and recommendations from the above boards and
officials. 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.
VII. Permits and Conditions
If the Conservation 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 on 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. The Commission shall
take into account the extent to which the applicant has avoided, minimized and mitigated
any such effect. The Commission also shall take into account any loss, degradation,
isolation, and replacement or replication of such protected resource areas elsewhere in the
community and the watershed, resulting from past activities, whether permitted,
unpermitted or exempt, and foreseeable future activities.
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If it issues a permit, the Commission shall impose conditions which the Commission
deems necessary or desirable to protect said resource area values, and all activities shall
be conducted in accordance with those conditions. Where no conditions are adequate to
protect said resource area values, the Commission is empowered to deny a permit for
failure to meet the requirements of this bylaw. It may also deny a permit: for failure to
submit necessary information and plans requested by the Commission; for failure to
comply with the procedures, design specifications, performance standards, and other
requirements in regulations of the Commission; or for failure to avoid, minimize or
mitigate unacceptable significant or cumulative effects upon the resource area values
protected by this bylaw. Due consideration shall be given to any demonstrated hardship
on the applicant by reason of denial, as presented at the public hearing. The Commission
may waive specifically identified and requested procedures, design specifications,
performance standards, or other requirements set forth in its regulations, provided that:
the Commission finds in writing after said public hearing that there are no reasonable
conditions or alternatives that would allow the proposed activity to proceed in
compliance with said regulations; that avoidance, minimization and mitigation have been
employed to the maximum extent feasible; and that the waiver is necessary to
accommodate an overriding public interest or to avoid a decision that so restricts the use
of the property as to constitute an unconstitutional taking without compensation.
In reviewing activities within the buffer zone, the Commission shall presume the buffer
zone is important to the protection of other resource areas because activities undertaken
in close proximity have a high likelihood of adverse impact, either immediately, as a
consequence of construction, or over time, as a consequence of daily operation or
existence of the activities. These adverse impacts from construction and use can include,
without limitation, erosion, siltation, loss of groundwater recharge, poor water quality,
and loss of wildlife habitat. The Commission may establish, in its regulations, design
specifications, performance standards, and other measures and safeguards, including
setbacks, no-disturb areas, no-build areas, and other work limits for protection of such
lands, including without limitation strips of continuous, undisturbed vegetative cover,
unless the applicant convinces the Commission that the area or part of it may be disturbed
without harm to the values protected by the bylaw.
In reviewing activities within the riverfront area, the Commission shall presume the
riverfront area is important to all the resource area values unless demonstrated otherwise,
and 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), logistics, existing technology, costs of the alternatives, and
overall project costs.
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To prevent resource area loss, the Commission shall require applicants to avoid alteration
wherever feasible; to minimize alteration; and, where alteration is unavoidable and has
been minimized, to provide full mitigation. The Commission may authorize or require
replication of wetlands as a form of mitigation, but only with specific plans, professional
design, proper safeguards, adequate security, and professional monitoring and reporting
to assure success, because of the high likelihood of failure of replication.
The Commission may require a wildlife habitat study of the project area, to be paid for by
the applicant, whenever it deems appropriate, regardless the type of resource area or the
amount or type of alteration proposed. The decision shall be based upon the
Commission’s estimation of the importance of the habitat area considering (but not
limited to) such factors as proximity to other areas suitable for wildlife, importance of
wildlife “corridors” in the area, or actual or possible presence of rare plant or animal
species in the area. The work shall be performed by an individual who at least meets the
qualifications set out in the wildlife habitat section of the Wetlands Protection Act
regulations (310 CMR 10.60).
The Commission shall presume that all areas meeting the definition of “vernal pools”
under §IX of this bylaw, including the adjacent area, perform essential habitat functions.
This presumption may be overcome only by the presentation of credible evidence which,
in the judgment of the Commission, demonstrates that the basin or depression does not
provide essential habitat functions. Any formal evaluation should be performed by an
individual who at least meets the qualifications under the wildlife habitat section of the
Wetlands Protection Act regulations.
A permit, Determination of Applicability (DOA), or Order of Resource Area Delineation
(ORAD) 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,
except for a DOA, provided that a request for a renewal is received in writing by the
Commission 30 days prior to expiration. Notwithstanding the above, a permit may
identify requirements which shall be enforceable for a stated number of years,
indefinitely, or until permanent protection is in place, and shall apply to all present and
future owners of the land.
For good cause the Commission may revoke any permit, DOA, or ORAD or any other
order, determination or other decision issued under this bylaw after notice to the holder,
the public, abutters, and town boards, pursuant to §V and §VI, and after a public hearing.
Amendments to permits, DOAs, or ORADs shall be handled in the manner set out in the
Wetlands Protection Act regulations and policies thereunder. The Commission in an
appropriate case may combine the decision issued under this bylaw with the permit,
DOA, ORAD, or Certificate of Compliance (COC) issued under the Wetlands Protection
Act and regulations.
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No work proposed in any application shall be undertaken until the permit, or ORAD
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 document has been recorded. If the applicant fails to perform
such recording, the Commission may record the documents itself and require the
Applicant to furnish the recording fee therefore, either at the time of recording or as a
condition precedent to the issuance of a COC.
VIII. Regulations
After public notice and public hearing, the Conservation Commission shall promulgate
rules and regulations to effectuate the purposes of this bylaw, effective when voted and
filed with the town clerk. Failure by the Commission to promulgate such rules and
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. At a minimum these regulations shall
reiterate the terms defined in this bylaw, define additional terms not inconsistent with the
bylaw, and impose consultant fees.
IX. Definitions
The following definitions shall apply in the interpretation and implementation of this
bylaw.
The term “agriculture” shall refer to the definition as provided by G.L. Ch. 128 §1A.
The term “alter” shall include, without limitation, the following activities when
undertaken to, upon, within or affecting resource areas protected by this bylaw:
A. Removal, excavation, or dredging of soil, sand, gravel, or aggregate materials of any
kind
B. Changing of preexisting drainage characteristics, flushing characteristics, salinity
distribution, sedimentation patterns, flow patterns, or flood retention characteristics
C. Drainage or other disturbance of water level or water table
D. Dumping, discharging, or filling with any material which may degrade water quality
E. Placing of fill, or removal of material, which would alter elevation
F. Driving of piles, erection, expansion or repair of buildings, or structures of any kind
G. Placing of obstructions or objects in water
H. Destruction of plant life including cutting or trimming of trees and shrubs
I. Changes of temperature, biochemical oxygen demand, or other physical, biological, or
chemical characteristics of any waters that lead to impairment of the resource.
J. Any activities, changes, or work which may cause or tend to contribute to pollution of
any body of water or groundwater
K. Incremental activities which have, or may have, a cumulative adverse impact on the
resource areas protected by this bylaw.
L. Any changes to the rate or volume of storm water runoff into any resource area under
the jurisdiction of this commission.
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The term “bank” shall include 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 “permit application” shall include Notice of Intent (NOI), Abbreviated Notice
of Resource Delineation (ANRAD), Request for Determination of Applicability (RDA)
or a permit required under this bylaw.
The term “person” shall include 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 include, without limitation, all vertebrate and invertebrate
animals and all plant species listed as endangered, threatened, or of special concern by
the Massachusetts Division of Fisheries and Wildlife, regardless whether the site in
which they occur has been previously identified by the Division.
The term “vernal pool” shall include, in addition to scientific definitions found in the
regulations under the Wetlands Protection Act, any confined basin or depression not
occurring in existing lawns, gardens, landscaped areas or driveways which, at least in
most years, holds water for a minimum of two continuous months during the spring
and/or summer, contains at least 200 cubic feet of water at some time during most years,
is free of adult predatory fish populations, and provides essential breeding and rearing
habitat functions for amphibian, reptile or other vernal pool community species,
regardless of whether the site has been certified by the Massachusetts Division of
Fisheries and Wildlife. The boundary of the resource area for vernal pools shall be the
mean annual high-water line defining the depression (see note 8). Except as otherwise
provided in this bylaw or in associated regulations of the Conservation Commission, the
definitions of terms and the procedures in this bylaw shall be as set forth in the Wetlands
Protection Act (G.L. Ch. 131 §40) and regulations (310 CMR 10.00).
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 Conservation 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
both of the methods described below:
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A. By a proper bond, deposit of money or negotiable securities under a written third-party
escrow arrangement, or other undertaking of financial responsibility sufficient in the
opinion of the Commission, to be released in whole upon issuance of a COC for work
performed pursuant to the permit that has been recorded with the Registry of Deeds.
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 remove, fill, dredge, build upon, degrade, or otherwise alter resource
areas protected by this bylaw, or cause, suffer, or allow such activity, 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.
The Conservation 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.
The Commission shall have authority to enforce this bylaw, its regulations, and permits
issued thereunder by letters, phone calls, electronic communication and other informal
methods, violation notices, non-criminal citations under G.L. Ch. 40 §21D, and civil and
criminal 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.
Upon request of the Commission, the Board of Selectmen and town counsel shall take
legal action for enforcement under civil law. Upon request of the Commission, the chief
of police shall take legal action for enforcement under criminal 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.
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As an alternative to criminal prosecution in a specific case, the Commission may issue
citations with specific penalties pursuant to the non-criminal disposition procedure set
forth in G.L. Ch. 40 §21D, which has been adopted within Article 37 of the Town
bylaws.
XII. Burden of Proof
The applicant for a permit shall have the burden of proving by a preponderance of the
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 Conservation 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 Conservation Commission shall be reviewable in the superior court in
accordance with G.L. Ch. 249 §4.
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. Ch. 131 §40) and regulations (310 CMR 10.00) thereunder. It is the intention of
this bylaw that the purposes, jurisdiction, authority, exemptions, regulations,
specifications, standards, and other requirements shall be interpreted and administered as
stricter than those under the Wetlands Protection Act and regulations.
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, approval or determination
which previously has been issued,
or to take any other action thereon.
ARTICLE 13. Noncriminal Disposition of Certain Violations (Conservation
Commission)
To see if the Town will vote to amend Article 37 of the Town By-laws by
adding the following section in Article 37 Appendix A:
Westborough Conservation Commission Non-zoning wetlands By-law: First violation
shall be $100 per day. Second violation shall be $200 per day. Third violation shall be
$300 per day. For the purposes of this clause, "second violation" shall mean an instance
of non-compliance that occurs after a prior first instance of non-compliance has been
cured. "Third violation" shall mean an instance of non-compliance that occurs after a
second violation has been cured,
or to take any other action thereon.
To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable
statute or transfer from available funds, the sum of Sixty Thousand Dollars ($60,000.00),
or such other amount as the Town Meeting may approve, for the purpose of studying
stormwater runoff and developing a drainage master plan for the Jackstraw Brook
watershed and various locations, or to take any other action thereon.
ARTICLE 15. Fund Contract Settlements (School Committee)
To see if the town will vote to raise and appropriate, or transfer from available
funds, the sum of One Million Four Hundred Eighty Nine Thousand Four
Hundred Eighty Five Dollars ($1,489,485), or such other amount as the Town
Meeting may approve to fund the negotiated union contract agreements with
certain school department employees, or to take any other action thereon.
16
Given under our hands the 23rd day of September in the year of our Lord Two Thousand
and Eight.
_______________________
George Thompson, Chairman
_______________________
Leigh Emery, Vice Chairman
_______________________
Lydia Goldblatt
_______________________
Timothy Dodd
_______________________
Rod Jane´
SELECTMEN OF WESTBOROUGH
Worcester, ss
I have this day served the within Warrant by posting up attested copies thereof at the
Town Library Bulletin Board and Town Hall Bulletin Board in said Westborough and by
mailing a copy thereof to the residence of the Town Moderator all on September ,
2008.
______________________________
Constable of Westborough
Wednesday, 01 October 2008 20:54
Posted Warrant September 25, 2008
COMMONWEALTH OF MASSACHUSETTS
WORCESTER, SS
TO ANY CONSTABLE IN THE TOWN OF WESTBOROUGH, IN THE
COUNTY OF WORCESTER, GREETINGS:
SPECIAL TOWN MEETING-October 20, 2008
In the name of the Commonwealth of Massachusetts, you are directed to notify and warn
the inhabitants of the Town of Westborough, qualified to vote in elections and town
affairs, to meet in the Westborough High School Auditorium and Gymnasium, 90 West
Main Street, Westborough, Massachusetts on Monday, the Twentieth day of October,
2008 at 7:00 p.m. then and there to act on the following articles:
ARTICLE 1. Rule of the Meeting (Town Coordinator)
To see if the Town will vote to adopt a Rule of the Meeting, applicable to this Town
Meeting only, such that after all other votes and reconsideration from the floor are
complete, and if the size of the appropriations voted appear to make necessary a ballot
override vote (either levy, capital outlay or debt exclusion) under MGL Ch. 59 s. 21C
(“Proposition 2½ “), then the conditions for reconsideration shall be deemed to have been
met, and the moderator shall accept motions for reconsideration on any appropriation but
from the Finance Committee only, for the purpose of reducing certain appropriations or
all appropriations to meet the limits of Proposition 2½, or for the purpose of making
certain appropriations contingent upon an override vote, or to take any other action
thereon.
Article 2. Payment of Prior Year’s Bills (Town Coordinator)
To see if the Town will vote to raise and appropriate or transfer from available funds a
sum of money to pay prior year’s bills, including but not limited to the following:
Allan J. Rooney $650.00 Police Officer Employment Evaluation
or to take any other action thereon.
ARTICLE 3. Amend Town Bylaws (Historical Commission)
To see if the Town will vote to amend paragraph (b) of Section 5 of Article 28 of the
Westborough Town Bylaws, by changing the year “1900” to “1950”, or to take any other
action thereon.
ARTICLE 4. Creation of an Economic Development Committee (Board of
Selectmen)
To see if the Town will vote to create a permanent Economic Development Committee
appointed by the Board of Selectmen on an annual basis. The members shall consist of
the Town Manager, Town Planner, DPW Director, Town Engineer, Town Assessor,
Town Building Commissioner, a member of the Board of Selectmen, Town Counsel, and
two (2) members of the Westborough Business Community. The members may also
appoint their own designee in cases where their attendance at meetings is not possible.
The designees shall have full voting rights. The purpose of the committee will be to
promote business development within Westborough; to provide advice to the Board of
Selectmen on economic development policy; to meet with and work with current
Westborough businesses and prospective businesses; and to work cooperatively with
businesses and state agencies to retain current businesses and attract new businesses to
Westborough; and further, to see if the Town will raise and appropriate or transfer from
available funds the sum of Ten Thousand dollars ($10,000) or such other amount as the
Town may vote to pay for professional marketing materials to promote business
development in the Town of Westborough, or take any other action thereon.
ARTICLE 5. Amend Zoning Bylaw/Dimension Standards (Municipal Building
Committee)
To see if the Town will vote to establish dimension standards, pursuant to the
Westborough Zoning Bylaws Section 2630, Buildings in M-1 District, for a new Public
Safety Facility at 42-50 Milk Street as shown on a plan entitled “The New Public Safety
Facility for the Town of Westborough, 50 Milk Street, Westborough, Massachusetts,
Building Envelope Plan,” scale: 1” = 20’, drawn by M.R. Roming Associates, P.C., West
Hartford, CT and dated August 15, 2008, a copy of which is on file in the office of the
town clerk, or to take any other action thereon.
ARTICLE 6. Amend Salary Administration Plan (Personnel Board)
To see if the Town will vote to amend Article 13 (Salary Administration Plan), Section
24 (Classification Plan) of its bylaws by making the following changes to the following
department:
SECTION 24. (Classification Plan)
COUNCIL ON AGING:
Add:
Substitute Mini-Bus Driver H-7, Step 1 0
or to take any other action thereon.
ARTICLE 7. Ballfields Contract (DPW Manager)
To see if the Town will vote to authorize the Board of Selectmen, through its
Procurement Officer, to enter into a contract for a period not to exceed five (5) years for
the maintenance of Town ball fields, or to take any other action thereon.
ARTICLE 8. Primrose Lane (DPW Manager)
To see if the Town will vote to take by eminent domain a street known as Primrose Lane
in the Town of Westborough, as laid out on a plan, on file in the office of the Town
Clerk, entitled “Pheasant Hill Estates, Westborough, MA (Worcester County) Roadway
Acceptance Plan for Primrose Lane,” dated October 31, 2002 (revised March 20, 2003);
or to take any other action thereon.
ARTICLE 9: Accept Various Roads (DPW Manager)
To see what action the Town may take on the following items A through D, which may
be voted as a block, or singly or in any combination:
A.To see if the Town will vote to accept and establish as a Town way under
Massachusetts General Law, Chapter 82 a private way known as Olde Hickory Path
from the sideline of Route 30 (Nourse Street) a distance of 2,515 feet, more or less to
its end, together with associated easements, as laid out by the Board of Selectmen and
as shown on a plan titled “Road Acceptance Plan of Olde Hickory Path dated
September 23, 2008” prepared by Guerard Survey, Inc, a copy of which is on file in
the office of the Town Clerk, further to acquire the associated easements and rights in
the way as a gift, purchase or take by eminent domain, under the provisions of the
General Laws Chapter 79, as amended, provided said takings are obtained in a
mutually agreed manner between the Town, and the landowner, and subject to a
$5,000.00 maintenance bond established under the supervision of the Planning Board,
B.To see if the Town will vote to accept and establish as a Town way under
Massachusetts General Law, Chapter 82 a private way known as Whispering Pine
Drive from the sideline of Route 30 (Nourse Street) a distance of 922 feet more or
less to the sideline of Olde Hickory Path, together with associated easements, as laid
out by the Board of Selectmen and as shown on a plan titled “Road Acceptance Plan
of Whispering Pine Drive dated September 23, 2008” prepared by Guerard Survey,
Inc, a copy of which is on file in the office of the Town Clerk, further to acquire the
associated easements and rights in the way as a gift, purchase, or take by eminent
domain, under the provisions of the General Laws Chapter 79, as amended, provided
said takings are obtained in a mutually agreed manner between the Town, and the
landowner, and subject to a $5,000.00 maintenance bond established under the
supervision of the Planning Board,
C.To see if the Town will vote to accept and establish as a Town way under
Massachusetts General Law, Chapter 82 a private way known as Thistle Hill Lane
from the sideline of Olde Hickory Path a distance of 226 feet more or less to its end,
together with associated easements, as laid out by the Board of Selectmen and as
shown on a plan titled “Road Acceptance plan of Thistle Hill Lane dated September
23, 2008” prepared by Guerard Survey, Inc, a copy of which is on file in the office of
the Town Clerk, further to acquire the associated easements and rights in the way as
a gift, purchase or take by eminent domain, under the provisions of the General Laws
Chapter 79, as amended, provided said takings are obtained in a mutually agreed
4
manner between the Town, and the landowner, and subject to a $5,000.00
maintenance bond established under the supervision of the Planning Board,
D.To see if the Town will vote to accept and establish as a Town way under
Massachusetts General Law, Chapter 82 a private way known as Copperbeech Circle
from the sideline of Olde Hickory Path a distance of 623 feet more or less to its end,
together with associated easements, as laid out by the Board of Selectmen and as
shown on a plan titled “Road Acceptance Plan of Copperbeech Circle dated
September 23, 2008” prepared by Guerard Survey, Inc, a copy of which is on file in
the office of the Town Clerk, further to acquire the associated easements and rights in
the way as a gift, purchase or take by eminent domain, under the provisions of the
General Laws Chapter 79, as amended, provided said takings are obtained in a
mutually agreed manner between the Town, and the landowner, and subject to a
$5,000.00 maintenance bond established under the supervision of the Planning Board,
or take any other action thereon.
ARTICLE 10. Parcel “C” Gift (Town Counsel)
To see if the Town will vote to accept as a gift, purchase or take by eminent domain a
parcel of land identified as “Parcel C,” together with all improvements and
appurtenances, as shown on a plan of land entitled “The Ridings At Quick Farm
Definitive Plan of Land in Westborough, Massachusetts,” prepared by Thompson-Liston
Associates, dated December 1, 1993 (most recently revised on June 2, 1994) and
recorded at the Worcester County Registry of Deeds at Plan Book 686, Plan 89 a copy of
which is on file with the office of the Town Clerk; or to take any other action thereon.
ARTICLE 11. Accept Gift of Land (Board of Selectmen)
To see if the Town will vote to accept as a gift, purchase or take by eminent domain a
certain plot of land identified as “Public Park Parcel,” together with all improvements and
appurtenances, but excluding private utilities, consisting of approximately 95,008 square
feet of land, on a plan, a copy of which is on file in the office of the Town Clerk, entitled
“Plan of Public Park Parcel, Bay State Commons, Westborough, MA (Worcester
County), Approval Not Required,” prepared by Waterman Design Associates, Inc.; and to
authorize the Board of Selectmen to execute and accept any documents necessary for
such acquisition, under such terms and conditions as the Selectmen deem in the interests
of the Town., or to take any other action thereon.
ARTICLE 12. Non-Zoning Wetlands Protection Bylaw (Conservation Commission)
To see if the Town will vote to amend the Town By-laws by adding a new
Article 45 as follows:
I. Purpose
The purpose of this bylaw is to protect the wetlands, water resources, flood prone areas,
and adjoining upland areas in the Town of Westborough, Massachusetts by controlling
activities deemed by the Conservation Commission likely to have a significant or
cumulative effect on resource area values, including but not limited to the following:
5
public or private water supply, groundwater supply, flood control, erosion and
sedimentation control, storm damage prevention, water quality, prevention and control of
pollution, fisheries, wildlife habitat, rare species habitat including rare plant and animal
species, agriculture, aquaculture, and recreation values, deemed important to the
community (collectively, the “resource area values protected by this bylaw”).
This bylaw is intended to utilize the Home Rule authority of this municipality so as to
protect the resource areas under the Wetlands Protection Act (G.L. Ch.131 §40; the Act)
to a greater degree, to protect additional resource areas beyond the Act recognized by the
Town as significant, to protect all resource areas for their additional values beyond those
recognized in the Act, and to impose in local regulations and permits additional standards
and procedures stricter than those of the Act 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 and other relevant
bylaws of the Town of Westborough, Massachusetts.
II. Jurisdiction
Except as permitted by the Conservation Commission no person shall commence to
remove, fill, dredge, build upon, degrade, discharge into, or otherwise alter the following
resource areas: any freshwater wetlands, marshes, wet meadows, bogs, swamps, vernal
pools, springs, banks, reservoirs, lakes, ponds of any size, beaches, lands under water
bodies, intermittent streams, brooks and creeks; lands adjoining these resource areas out
to a distance of 100 feet, known as the buffer zone; perennial rivers, streams, brooks and
creeks; lands adjoining these resource areas out to a distance of 200 feet, known as the
riverfront area; lands subject to flooding or inundation by groundwater or surface water
including the 100-year flood plain; (collectively the “resource areas protected by this
bylaw”). Said resource areas shall be protected whether or not they border surface waters.
The jurisdiction of this bylaw shall not extend to uses and structures of agriculture that
enjoy the rights and privileges of laws and regulations of the Commonwealth governing
agriculture, including work performed for normal maintenance or improvement of land in
agricultural or aquacultural uses as defined by the Wetlands Protection Act regulations,
found at 310 CMR 10.04.
III. Exemptions and Exceptions
The applications and permits required by this bylaw shall not be required for work
performed for normal maintenance or improvement of land in agricultural and
aquacultural use as defined by the Wetlands Protection Act regulations at 310 CMR
10.04 and for mosquito control projects..
The applications and permits required by this bylaw shall not be required for 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 Conservation Commission prior to commencement of
6
work, and provided that the work conforms to any performance standards and design
specifications in regulations adopted by the Commission.
The applications and permits required by this bylaw shall not be required 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.
Other than stated in this bylaw, the exceptions provided in the Wetlands Protection Act
(G.L. Ch. 131 §40) and regulations (310 CMR 10.02(2)(b)(1)(a-g) shall apply under this
bylaw.
IV. Applications and Fees
Written application shall be filed with the Conservation 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 application and plans under
this bylaw any application and plans filed under the Wetlands Protection Act (G.L. Ch.
131 §40) and regulations (310 CMR 10.00), but the Commission is not obliged to do so.
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 of Applicability (RDA) or Abbreviated Notice of Resource Area
Delineation (ANRAD) filed under the Act shall include information and plans as are
deemed necessary by the Commission.
Pursuant to G.L. Ch. 44 §53G and regulations promulgated by the Commission, the
Commission may impose reasonable fees upon applicants for the purpose of securing
outside consultants including engineers, wetlands scientists, wildlife biologists or other
experts in order to aid in the review of proposed projects. Such funds shall be deposited
with the town treasurer, who shall create an account specifically for this purpose.
Additional consultant fees may be requested where the requisite review is more
7
expensive than originally calculated or where new information requires additional
consultant services.
Only costs relating to consultant work done in connection with a project for which a
consultant fee has been collected shall be paid from this account, and expenditures may
be made at the sole discretion of the Commission. Any consultant hired under this
provision shall be selected by, and report exclusively to, the Commission. The
Commission shall provide applicants with written notice of the selection of a consultant,
identifying the consultant, the amount of the fee to be charged to the applicant, and a
request for payment of that fee. Notice shall be deemed to have been given on the date it
is mailed or delivered. The applicant may withdraw the application or request within five
(5) business days of the date notice is given without incurring any costs or expenses.
The entire fee must be received before the initiation of consulting services. Failure by the
applicant to pay the requested consultant fee within ten (10) business days of the request
for payment shall be cause for the Commission to declare the application administratively
incomplete and deny the permit without prejudice, except in the case of an appeal. The
Commission shall inform the applicant and Department of Environmental Protection
(DEP) of such a decision in writing.
The applicant may appeal the selection of an outside consultant to the Board of
Selectmen, who may disqualify the consultant only on the grounds that the consultant has
a conflict of interest or is not properly qualified. The minimum qualifications shall
consist of either an educational degree or three or more years of practice in the field at
issue, or a related field. The applicant shall make such an appeal in writing, and must be
received within ten (10) business days of the date that request for consultant fees was
made by the Commission. Such appeal shall extend the applicable time limits for action
upon the application.
V. Notice and Hearings
Any person filing a permit application with the Conservation Commission shall at the
same time give written notice thereof, by certified mail (return receipt requested) or hand
delivered, 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 300 feet of the property line of
the applicant, including any in another municipality or across a body of water. The notice
shall state a brief description of the project or other proposal and the date of any
Commission hearing or meeting date if known. The notice to abutters shall state where
copies of the application or request, with plans, 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.
8
The Commission shall conduct a public hearing on any permit application, with written
notice given at the expense of the applicant, at least 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, unless an extension is authorized in writing by the applicant. The
Commission shall have authority to continue the hearing to a specific date announced at
the hearing, for reasons stated at the hearing, which may include the need for additional
information from the applicant or others as deemed necessary by the Commission in its
discretion, based on comments and recommendations of the boards and officials listed in
§VI.
The Commission shall issue its permit, other order 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. Ch.131 §40) and regulations (310 CMR 10.00).
VI. Coordination with Other Boards
Any person filing a permit application, with the Conservation Commission shall provide
a copy thereof at the same time, by certified mail (return receipt requested) or hand
delivery, to the planning board, town engineer, or other boards as directed by the
Commission at its discretion. A copy shall be provided in the same manner to the
Commission of the adjoining municipality, if the permit application pertains to property
within 300 feet of that municipality. An affidavit of the person providing notice, with a
copy of the notice mailed or delivered, shall be filed with the Commission. The above
boards and officials shall have seven days to provide written comments and
recommendations with the Commission, which the Commission shall consider but which
shall not be binding on the Commission. The Commission has the discretion to extend the
time to submit written comments and recommendations from the above boards and
officials. 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.
VII. Permits and Conditions
If the Conservation 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 on 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. The Commission shall
take into account the extent to which the applicant has avoided, minimized and mitigated
any such effect. The Commission also shall take into account any loss, degradation,
isolation, and replacement or replication of such protected resource areas elsewhere in the
community and the watershed, resulting from past activities, whether permitted,
unpermitted or exempt, and foreseeable future activities.
9
If it issues a permit, the Commission shall impose conditions which the Commission
deems necessary or desirable to protect said resource area values, and all activities shall
be conducted in accordance with those conditions. Where no conditions are adequate to
protect said resource area values, the Commission is empowered to deny a permit for
failure to meet the requirements of this bylaw. It may also deny a permit: for failure to
submit necessary information and plans requested by the Commission; for failure to
comply with the procedures, design specifications, performance standards, and other
requirements in regulations of the Commission; or for failure to avoid, minimize or
mitigate unacceptable significant or cumulative effects upon the resource area values
protected by this bylaw. Due consideration shall be given to any demonstrated hardship
on the applicant by reason of denial, as presented at the public hearing. The Commission
may waive specifically identified and requested procedures, design specifications,
performance standards, or other requirements set forth in its regulations, provided that:
the Commission finds in writing after said public hearing that there are no reasonable
conditions or alternatives that would allow the proposed activity to proceed in
compliance with said regulations; that avoidance, minimization and mitigation have been
employed to the maximum extent feasible; and that the waiver is necessary to
accommodate an overriding public interest or to avoid a decision that so restricts the use
of the property as to constitute an unconstitutional taking without compensation.
In reviewing activities within the buffer zone, the Commission shall presume the buffer
zone is important to the protection of other resource areas because activities undertaken
in close proximity have a high likelihood of adverse impact, either immediately, as a
consequence of construction, or over time, as a consequence of daily operation or
existence of the activities. These adverse impacts from construction and use can include,
without limitation, erosion, siltation, loss of groundwater recharge, poor water quality,
and loss of wildlife habitat. The Commission may establish, in its regulations, design
specifications, performance standards, and other measures and safeguards, including
setbacks, no-disturb areas, no-build areas, and other work limits for protection of such
lands, including without limitation strips of continuous, undisturbed vegetative cover,
unless the applicant convinces the Commission that the area or part of it may be disturbed
without harm to the values protected by the bylaw.
In reviewing activities within the riverfront area, the Commission shall presume the
riverfront area is important to all the resource area values unless demonstrated otherwise,
and 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), logistics, existing technology, costs of the alternatives, and
overall project costs.
10
To prevent resource area loss, the Commission shall require applicants to avoid alteration
wherever feasible; to minimize alteration; and, where alteration is unavoidable and has
been minimized, to provide full mitigation. The Commission may authorize or require
replication of wetlands as a form of mitigation, but only with specific plans, professional
design, proper safeguards, adequate security, and professional monitoring and reporting
to assure success, because of the high likelihood of failure of replication.
The Commission may require a wildlife habitat study of the project area, to be paid for by
the applicant, whenever it deems appropriate, regardless the type of resource area or the
amount or type of alteration proposed. The decision shall be based upon the
Commission’s estimation of the importance of the habitat area considering (but not
limited to) such factors as proximity to other areas suitable for wildlife, importance of
wildlife “corridors” in the area, or actual or possible presence of rare plant or animal
species in the area. The work shall be performed by an individual who at least meets the
qualifications set out in the wildlife habitat section of the Wetlands Protection Act
regulations (310 CMR 10.60).
The Commission shall presume that all areas meeting the definition of “vernal pools”
under §IX of this bylaw, including the adjacent area, perform essential habitat functions.
This presumption may be overcome only by the presentation of credible evidence which,
in the judgment of the Commission, demonstrates that the basin or depression does not
provide essential habitat functions. Any formal evaluation should be performed by an
individual who at least meets the qualifications under the wildlife habitat section of the
Wetlands Protection Act regulations.
A permit, Determination of Applicability (DOA), or Order of Resource Area Delineation
(ORAD) 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,
except for a DOA, provided that a request for a renewal is received in writing by the
Commission 30 days prior to expiration. Notwithstanding the above, a permit may
identify requirements which shall be enforceable for a stated number of years,
indefinitely, or until permanent protection is in place, and shall apply to all present and
future owners of the land.
For good cause the Commission may revoke any permit, DOA, or ORAD or any other
order, determination or other decision issued under this bylaw after notice to the holder,
the public, abutters, and town boards, pursuant to §V and §VI, and after a public hearing.
Amendments to permits, DOAs, or ORADs shall be handled in the manner set out in the
Wetlands Protection Act regulations and policies thereunder. The Commission in an
appropriate case may combine the decision issued under this bylaw with the permit,
DOA, ORAD, or Certificate of Compliance (COC) issued under the Wetlands Protection
Act and regulations.
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No work proposed in any application shall be undertaken until the permit, or ORAD
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 document has been recorded. If the applicant fails to perform
such recording, the Commission may record the documents itself and require the
Applicant to furnish the recording fee therefore, either at the time of recording or as a
condition precedent to the issuance of a COC.
VIII. Regulations
After public notice and public hearing, the Conservation Commission shall promulgate
rules and regulations to effectuate the purposes of this bylaw, effective when voted and
filed with the town clerk. Failure by the Commission to promulgate such rules and
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. At a minimum these regulations shall
reiterate the terms defined in this bylaw, define additional terms not inconsistent with the
bylaw, and impose consultant fees.
IX. Definitions
The following definitions shall apply in the interpretation and implementation of this
bylaw.
The term “agriculture” shall refer to the definition as provided by G.L. Ch. 128 §1A.
The term “alter” shall include, without limitation, the following activities when
undertaken to, upon, within or affecting resource areas protected by this bylaw:
A. Removal, excavation, or dredging of soil, sand, gravel, or aggregate materials of any
kind
B. Changing of preexisting drainage characteristics, flushing characteristics, salinity
distribution, sedimentation patterns, flow patterns, or flood retention characteristics
C. Drainage or other disturbance of water level or water table
D. Dumping, discharging, or filling with any material which may degrade water quality
E. Placing of fill, or removal of material, which would alter elevation
F. Driving of piles, erection, expansion or repair of buildings, or structures of any kind
G. Placing of obstructions or objects in water
H. Destruction of plant life including cutting or trimming of trees and shrubs
I. Changes of temperature, biochemical oxygen demand, or other physical, biological, or
chemical characteristics of any waters that lead to impairment of the resource.
J. Any activities, changes, or work which may cause or tend to contribute to pollution of
any body of water or groundwater
K. Incremental activities which have, or may have, a cumulative adverse impact on the
resource areas protected by this bylaw.
L. Any changes to the rate or volume of storm water runoff into any resource area under
the jurisdiction of this commission.
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The term “bank” shall include 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 “permit application” shall include Notice of Intent (NOI), Abbreviated Notice
of Resource Delineation (ANRAD), Request for Determination of Applicability (RDA)
or a permit required under this bylaw.
The term “person” shall include 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 include, without limitation, all vertebrate and invertebrate
animals and all plant species listed as endangered, threatened, or of special concern by
the Massachusetts Division of Fisheries and Wildlife, regardless whether the site in
which they occur has been previously identified by the Division.
The term “vernal pool” shall include, in addition to scientific definitions found in the
regulations under the Wetlands Protection Act, any confined basin or depression not
occurring in existing lawns, gardens, landscaped areas or driveways which, at least in
most years, holds water for a minimum of two continuous months during the spring
and/or summer, contains at least 200 cubic feet of water at some time during most years,
is free of adult predatory fish populations, and provides essential breeding and rearing
habitat functions for amphibian, reptile or other vernal pool community species,
regardless of whether the site has been certified by the Massachusetts Division of
Fisheries and Wildlife. The boundary of the resource area for vernal pools shall be the
mean annual high-water line defining the depression (see note 8). Except as otherwise
provided in this bylaw or in associated regulations of the Conservation Commission, the
definitions of terms and the procedures in this bylaw shall be as set forth in the Wetlands
Protection Act (G.L. Ch. 131 §40) and regulations (310 CMR 10.00).
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 Conservation 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
both of the methods described below:
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A. By a proper bond, deposit of money or negotiable securities under a written third-party
escrow arrangement, or other undertaking of financial responsibility sufficient in the
opinion of the Commission, to be released in whole upon issuance of a COC for work
performed pursuant to the permit that has been recorded with the Registry of Deeds.
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 remove, fill, dredge, build upon, degrade, or otherwise alter resource
areas protected by this bylaw, or cause, suffer, or allow such activity, 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.
The Conservation 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.
The Commission shall have authority to enforce this bylaw, its regulations, and permits
issued thereunder by letters, phone calls, electronic communication and other informal
methods, violation notices, non-criminal citations under G.L. Ch. 40 §21D, and civil and
criminal 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.
Upon request of the Commission, the Board of Selectmen and town counsel shall take
legal action for enforcement under civil law. Upon request of the Commission, the chief
of police shall take legal action for enforcement under criminal 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.
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As an alternative to criminal prosecution in a specific case, the Commission may issue
citations with specific penalties pursuant to the non-criminal disposition procedure set
forth in G.L. Ch. 40 §21D, which has been adopted within Article 37 of the Town
bylaws.
XII. Burden of Proof
The applicant for a permit shall have the burden of proving by a preponderance of the
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 Conservation 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 Conservation Commission shall be reviewable in the superior court in
accordance with G.L. Ch. 249 §4.
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. Ch. 131 §40) and regulations (310 CMR 10.00) thereunder. It is the intention of
this bylaw that the purposes, jurisdiction, authority, exemptions, regulations,
specifications, standards, and other requirements shall be interpreted and administered as
stricter than those under the Wetlands Protection Act and regulations.
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, approval or determination
which previously has been issued,
or to take any other action thereon.
ARTICLE 13. Noncriminal Disposition of Certain Violations (Conservation
Commission)
To see if the Town will vote to amend Article 37 of the Town By-laws by
adding the following section in Article 37 Appendix A:
Westborough Conservation Commission Non-zoning wetlands By-law: First violation
shall be $100 per day. Second violation shall be $200 per day. Third violation shall be
$300 per day. For the purposes of this clause, "second violation" shall mean an instance
of non-compliance that occurs after a prior first instance of non-compliance has been
cured. "Third violation" shall mean an instance of non-compliance that occurs after a
second violation has been cured,
or to take any other action thereon.
15
ARTICLE 14. Drainage Study (DPW MANAGER) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable
statute or transfer from available funds, the sum of Sixty Thousand Dollars ($60,000.00),
or such other amount as the Town Meeting may approve, for the purpose of studying
stormwater runoff and developing a drainage master plan for the Jackstraw Brook
watershed and various locations, or to take any other action thereon.
ARTICLE 15. Fund Contract Settlements (School Committee)
To see if the town will vote to raise and appropriate, or transfer from available
funds, the sum of One Million Four Hundred Eighty Nine Thousand Four
Hundred Eighty Five Dollars ($1,489,485), or such other amount as the Town
Meeting may approve to fund the negotiated union contract agreements with
certain school department employees, or to take any other action thereon.
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Given under our hands the 23rd day of September in the year of our Lord Two Thousand
and Eight.
_______________________
George Thompson, Chairman
_______________________
Leigh Emery, Vice Chairman
_______________________
Lydia Goldblatt
_______________________
Timothy Dodd
_______________________
Rod Jane´
SELECTMEN OF WESTBOROUGH
Worcester, ss
I have this day served the within Warrant by posting up attested copies thereof at the
Town Library Bulletin Board and Town Hall Bulletin Board in said Westborough and by
mailing a copy thereof to the residence of the Town Moderator all on September ,
2008.
______________________________
Constable of Westborough
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