COMMONWEALTH OF MASSACHUSETTS
WORCESTER, SS

TO ANY CONSTABLE IN THE TOWN OF WESTBOROUGH, IN THE COUNTY OF WORCESTER, GREETINGS:

SPECIAL TOWN MEETING – October 19, 2009

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 Nineteenth day of October, 2009 at 7:00 p.m. then and there to act on the following articles:

ARTICLE 1 FY10 Budget Reduction – Town Insurance

To see if the Town will vote to amend the FY10 budget by reducing the Town Insurance Expense budget from Ten Million Nine Hundred Eight Five Thousand Five Hundred Thirty Two and 00/100 Dollars ($10,985,532.00) to Ten Million Six Hundred Forty Four Thousand Seven Hundred Fifty Four and 00/100 Dollars ($10,644,754.00); or take any other action thereon.

ARTICLE 2 FY10 Budget Transfers

To see if the Town will vote to transfer from the Town Insurances Expenses Account the sum of Forty Seven Thousand One Hundred Twenty Three and 00/1 00 Dollars ($47,123.00) to the following accounts:

Buildings and Grounds Expenses $18,235.00

Fire Department Expenses $ 9,261.00

Library Expenses $ 3,915.00

Street Light Account Expenses $15,712.00

$47,123.00

Or take any other action thereon.

ARTICLE 3 FY10 Sewer Budget Amendment – Electricity

To see if the Town will vote to transfer from Sewer Retained Earnings and appropriate the sum of Four Thousand Five Hundred Ninety Four and 00/100 Dollars ($4,594.00) to the Electricity – Sewer Account #64303-5211 for the purpose of paying additional electrical costs associated with the operation of the sewer system; or take any other action thereon.

ARTICLE 4 FY10 Water Budget Amendment – Electricity

To see if the Town will vote to transfer from Water Retained Earnings and appropriate the sum of Nineteen Thousand Thirty Seven and 00/100 Dollars ($19,037.00) to the Electricity – Water Account #64503-5211 for the purpose of paying additional electrical costs associated with the operation of the water system; or take any other action thereon.

ARTICLE 5 Design and Permit Opticom Traffic Controllers

To see if the Town will vote to transfer from free cash and appropriate the sum of Seventeen Thousand and 00/100 Dollars ($17,000.00) to design and permit Opticom traffic controllers at the Route 9 and Otis Street Intersection; or take any other action thereon.

ARTICLE 6 Removal of a Liquor License Requirement-Citizen’s Petition

To see if the Town will vote to authorize the Board of Selectmen to petition the

Legislature to remove, as a condition of the Full Liquor License held by Mandarin Westborough, Inc., the requirement that the License not be relocated except within the Downtown Business District and to allow the License to be transferred to a location within the Town of Westborough, identified by Mandarin Westborough, Inc. and properly zoned for restaurant use by the Town of Westborough, which location shall be specified in the Legislation; or take any other action thereon.

ARTICLE 7 Department of Public Works Rainstorm Reimbursement

To see if the Town will vote to transfer from free cash and appropriate the sum of Seventy One Thousand Forty Three and 72/100 Dollars ($71,043.72) to the Department of Public Works’ expenditures for the rainstorms that occurred this summer; or take any other action thereon.

ARTICLE 8 Public Safety Complex

To see if the Town will vote to appropriate $30,000,000 for designing and constructing a new public safety building, including costs incidental or related thereto; that to meet this appropriation the Treasurer/Collector with the approval of the Board of Selectmen is authorized to borrow $30,000,000 under G.L. c.44, §7(3) or any other enabling authority; that the Treasurer/Collector with the approval of the Board of Selectmen is authorized to contract for and expend any federal or state aid available for the project, provided that the amount of the authorized borrowing shall be reduced by the amount of such aid received prior to the issuance of bonds or notes under this vote; and that the Treasurer/Collector is authorized to take any other action necessary to carry out this project; provided, however, that this vote shall not take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L. c.59, §21C (Proposition 21/2) amounts required to pay the principal of and interest on the borrowing authorized by this vote; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto.

ARTICLE 9 Amendment of Article 12 (Hawkers Peddlers Permit) Bylaw

To see if the Town will vote to amend Article 12 of the General Bylaws by deleting said Article 12 and replacing it with the following Article 12:

The display, for sale to the general public, of merchandise or goods from a temporary or portable location shall be prohibited except by permit from the Chief of Police. Said permit shall require a fee not inconsistent with Chapter 101 of the Massachusetts General Laws. Religious, charitable or non-profit organizations and persons servicing a parade within the Town shall be exempt from this Bylaw. A violation shall be $100 (see Article 37); or take any other action thereon.

ARTICLE 10 Public Shade Trees Bylaw

To see if the Town will vote to amend the General Bylaws by adding a new Article 46 as follows,

Section 1.

It shall be the policy of the Board of Selectmen to encourage the conservation of public shade trees in the Town of Westborough and to work for a planned program of replacement for public shade trees that have been removed because of disease or public nuisance, construction or danger, and further, it shall be the policy of the Board to encourage residents, businesses and private builders to conserve and to plant shade trees. Public Shade Trees shall be those trees as defined by MGL Ch. 87, §1.

A. The Board of Selectmen shall request the DPW Manager or his designee to notify the Board and any abutters at least seven (7) days in advance of any public hearing called for the purpose of presenting cause why a non-diseased public shade tree should be removed and should tag said tree in a conspicuous manner.

B. The Board of Selectmen shall request the DPW Manager or his designee to annually list those public shade trees which, in his opinion, constitute a public nuisance or danger or are diseased and submit said list to the Board on or before September 1 of each year.

C. The DPW Manager or his designee shall prepare and submit to the Board of Selectmen by November 1, a recommendation and a specific site location plan for public shade tree replacements and additions and a proposed planting budget for said replacements and additions.

D. The Board of Selectmen shall encourage all private builders and municipal building committees and municipal agencies to plant and conserve public shade trees.

E. The Board of Selectmen shall encourage residents of Westborough to plant public and private shade trees and, from time to time, shall issue public statements that support this procedure and perform a public service by informing residents of best procedures for conservation and planting of shade trees.

F. Wherever practical, the DPW Manager or his designee shall institute a planting program, especially in the Downtown District, in anticipation of tree removal.

G. These rules and procedures shall not take precedence over any General Laws. Or take any other action thereon.

ARTICLE 11 Abandoned and Foreclosed Property Registration

To see if the Town will vote to amend the General Bylaws by adding a new Article 47 as follows,

Section 1. Purpose; Enforcement Authority.

A. It is the purpose and intent of this Article to protect and preserve public safety and security, and the quiet enjoyment of occupants, abutters and neighborhoods, by: (i) requiring all residential property owners, including lenders, trustees and service companies, to register abandoned and/or foreclosing residential properties with the Town of Westborough; and (ii) regulating the maintenance and security of abandoned and/or foreclosing residential properties to help prevent blighted and unsecure residences.

B. The Building Commissioner of the Town of Westborough has enforcement authority as to this Article, pursuant to MGL c. 143, § 3, the State Building Bylaws, and the Town’s Zoning Bylaws.

Section 2. Definitions.

When used in this Article 46, the following terms shall have the following meanings, unless a contrary intention clearly appears:

“Abandoned” means vacant.

“Town” means the Town of Westborough.

“Commissioner” means the Building Commissioner of the Town of Westborough or his/her designee.

“Days” means consecutive calendar days, including legal holidays as specified in MGL c. 4, § 7 and weekend days.

“Evidence of abandonment” means any condition that, by itself or in combination with other

conditions, might lead a reasonable person to conclude that a property is vacant. Such conditions include but are not limited to overgrown and/or dead vegetation; accumulation of

newspapers, circulars, flyers and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk and/or debris; the absence of window coverings such as curtains, blinds and/or shutters; the absence of furnishings and/or personal items consistent

with residential habitation; statements by neighbors, passersby, delivery agents and/or governmental employees that the property is vacant.

“Foreclosing” means the process by which a property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower of that loan defaults.

“Initiation of the foreclosure process” means the taking of any of the following actions:

(i) taking possession of a residential property pursuant to MGL c. 244, § 1;

(ii) publishing the first foreclosure notice of a residential property pursuant to MGL c. 244, § 14;

(iii) delivering the mortgagee’s notice of intention to foreclose pursuant to MGL c. 244, §

17B;or (iv) commencing a foreclosure action on a residential property in either the Land Court or the Superior Court.

“Local” means within twenty (20) driving miles of the property in question.

“Mortgagee” means the creditor, including but not limited to service companies, lenders in a mortgage agreement, or any successor in interest of the mortgagee’s rights, interests or obligations under the mortgage agreement.

“Mortgagee in possession” means a mortgagee that, upon default of the borrower, has taken over control and/or occupancy of a property in order to collect income from the property and/or to prepare the property for foreclosure.

“Owner” means every person, entity, service company, property manager or real estate broker, who alone or severally with others:

(i) has legal or equitable title to any dwelling, dwelling unit, manufactured home(mobile home unit), building or parcel of land, vacant or otherwise, including a manufactured housing community (mobile home park); or

(ii) has care, charge or control of any dwelling, dwelling unit, manufactured home(mobile home unit), building or parcel of land, vacant or otherwise, including a manufactured housing community (mobile home park), in any capacity including but not limited to agent, executor, executrix, administrator, administrator, trustee or guardian of the estate of the holder of legal title; or

(iii) is a mortgagee in possession of any such any dwelling, dwelling unit, mobile home unit, building or parcel of land, vacant or otherwise, including a mobile home park; or

(iv) is an officer or trustee of the association of unit owners of a condominium;

(v) is a trustee who holds, owns or controls mortgage loans for mortgage-backed securities and has initiated the foreclosure process; or

(vi) is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or

(vii) is a person who operates a rooming house.

“Property” means any real, residential property or portion thereof, located in the Town of Westborough, including but not limited to buildings and structures situated on the property.

“Residential Property” means any property that contains one or more dwelling units used, intended, or designed to be occupied for living purposes.

“Vacant” means any residential building or structure not currently legally occupied.

Section 3. Registration.

A. All owners of abandoned and/or foreclosing residential properties shall register such

properties with the Commissioner on forms provided by the Commissioner.

1. Each registration must state the individual owner’s or agent’s name, phone number and mailing address located within the Commonwealth of Massachusetts as required by MGL c. 59, § 57D, MGL c. 156D, § 5.02, and 950 CMR 113.20; the mailing address may not be a post office box.

2. Each registration must also certify that the property has been inspected by the owner and must identify whether the property is abandoned. If the property shows evidence of abandonment, the property is abandoned for purposes of this Article 46.

Each registration must designate a local individual or local property management company responsible for the maintenance and the security of the property. This designation must state the individual or company’s name, direct phone number, and local mailing address; the mailing address may not be a post office box.

a. If the owner’s inspection determines that the property is abandoned, the registration must be received by the Commissioner within seven (7) days of the owner’s inspection.

b. If the owner’s inspection determines that the property is not abandoned, but foreclosure proceedings have been initiated, the registration must be received by the Commissioner within seven (7) days of the initiation of the foreclosure process.

c. If the Commissioner’s inspection pursuant to Section 46-5 determines that the property is abandoned, the registration must be received by the Commissioner within fourteen (14) days of the Commissioner’s first citation for improper maintenance.

d. If, regardless of any determination as to abandonment, foreclosure proceedings have been initiated, the registration must be received by the Commissioner within seven (7) days of the initiation of the foreclosure process.

B. All property registrations pursuant to this Section 46-3 are valid for one (1) calendar year

from the date when the registration is received by the Commissioner. An annual registration fee of one hundred dollars ($100.00) must accompany the registration form. Subsequent

registrations and fees are due within thirty (30) days after the date of expiration of the previous registration. Subsequent registrations must certify whether the property remains abandoned and/or remains in foreclosure, as the case may be.

C. Any owner that has registered a property under this Section 46-3 must report any change in

information contained in the registration within ten (10) days of the change.

D. Once the property is no longer abandoned or is sold, the owner shall provide the

Commissioner with written notice of legal occupancy or proof of sale, as the case may be.

Section 4. Maintenance and Security Requirements.

A. Properties subject to this Article must be maintained in accordance with the State Sanitary Bylaws, the State Building Bylaws, and local regulations concerning external and/or visible maintenance. The local owner or local property management company must inspect and maintain the property on a monthly basis for so long as the property is abandoned or shows evidence of abandonment. The name and the 24-hour contact phone number of the local owner or local property management company responsible for the maintenance must be posted on the front of the property so as to be clearly visible by the Commissioner or his/her designee from the street.

B. In accordance with state law, including but not limited to MGL c. 143, §§ 6-10 and 780 CMR 121.0, abandoned property must be made safe and must be secured so as not to be accessible to unauthorized persons.

C. Compliance with this Section 46-4 does not relieve the owner of any applicable obligations set forth in Bylaws regulations, covenant conditions and restrictions, and/or homeowners’ association rules and regulations.

Section 5. Inspections.

Pursuant to the State Building Code, the Commissioner or his/her designee shall have the authority and the duty to inspect properties subject to this Article for compliance with this Article and to issue citations for any violations. The Commissioner or his/her designee shall have the discretion to determine when and how such inspections are to be made, provided that such determination is reasonably calculated to ensure that this Article is enforced.

Section 6. Violations and Penalties.

A. A failure to initially register with the Commissioner pursuant to Section 66-3 shall be enforced by non-criminal disposition pursuant to MGL c. 40, § 21D, resulting in a fine of $100.00.

B. A failure to properly designate the name of the local individual or local property management company responsible for the maintenance and the security of the property pursuant to Section 46-3 shall be enforced by non-criminal disposition pursuant to MGL c. 40, § 21D, resulting in a fine of $100.00 for each violation, and a like fine for each day’s continuation of such violation.

C. A failure to maintain and/or to secure the property pursuant to Section 46-4 shall be enforced by non-criminal disposition pursuant to MGL c. 40, § 21D, resulting in a fine of $100.00 for each week during which the property is not maintained and/or not secured in compliance with Section 46-4.

D. The penalties provided in this Section 46-6 shall not be construed to restrict the Town from pursuing other legal remedies available to the Town.

Section 7. Appeals.

Any person aggrieved by the requirements of this Article or by a decision issued hereunder may seek relief in any court of competent jurisdiction as provided by the laws of the Commonwealth.

Section 8. Applicability.

If any provision of this Article imposes greater restrictions or obligations than those imposed by any general law, special law, regulation, rule, Bylaws, order or policy, then the provisions of this Article shall control.

Section 9. Regulatory Authority.

The Commissioner shall have the authority to promulgate rules and regulations necessary to implement and enforce this Article.

Section 10. Severability.

If any provision of this Article is held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from this Article’s remaining provisions, which shall remain in full force and effect.

Section 11. Notice.

A copy of this Bylaw is to be advertised in one (1) newspaper of general circulation in the Town of Westborough, and is to be mailed to all loan institutions, banks, real estate offices, and management companies located in, and/or having legal or equitable interest in any residential property located in, the Town of Westborough.

Section 12. Effective Date.

The provisions of this Article shall take effect in accordance with G.L.c. 40§32 passage and all provisions shall be enforced immediately, except that no monetary fine shall be imposed pursuant to this Article until thirty (30) days after the date when notices are mailed pursuant to Section 46-11.

Or take any other action thereon.

ARTICLE 12 Warren Street Drainage Improvement

To see if the Town will vote to raise and appropriate, transfer from available funds, borrow pursuant to any applicable statues, or accept as a grant the sum of Six Hundred Thousand Dollars ($600,000), or such other amount as the Town Meeting may approve, for the purpose of stream bank improvements, installation of culverts and or by-pass culverts with associated structures, mitigation to nearby properties, and any work necessary on Warren Street and adjacent properties to alleviate overtopping of the Jackstraw Brook, and to purchase, accept as a gift, or take by eminent domain under the provisions of the General Laws, Chapter 79, as amended or otherwise acquire parcels of land and/or easements for said improvements; or take any other action thereon.

ARTICLE 13 Work on Town Sewer System

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 Seven Hundred Thousand Dollars ($700,000.00), or such amount as the Town Meeting may approve to rehabilitate the Longmeadow Sewer Pump Station including engineering supervision and constructions services and any work on such stations incidental to and purchase, accept as a gift, or take by eminent domain under the provisions of the General Laws, Chapter 79, as amended or otherwise acquire parcels of land and/or easements for said pump stations; or take any other action thereon.

ARTICLE 14 Westborough Country Club Capital Improvements

To see if the Town will vote to appropriate through the transfer from retained earnings

under the Westborough Country Club Enterprise Fund a sum of money to supplement those funds voted under Article 7 (FY20 10 Operational Budgets) of the May 2009 Annual Town Meeting for the Country Club Enterprise for capital improvements, including but not limited to improving the drainage from the parking lot, at the Westborough Country Club; or take any other action thereon.

ARTICLE 15 Special Education Costs

To see if the Town will vote to transfer from free cash and appropriate the sum of One Hundred Sixty Thousand and 00/100 Dollars ($160,000.00), or such other amount as the Town Meeting may approve, to cover unanticipated special education costs; or take other any action thereon.

ARTICLE 16 Local Option Meal Excise Tax Increase

To see if the Town will vote to impose a .75% meals tax on the sales of restaurant meals by accepting Massachusetts General Laws, Chapter 64L, Section 2(a); or take any other action thereon.

ARTICLE 17 Local Option Room Occupancy Tax Amendment

To see if the Town will vote to amend its local room occupancy excise tax under G.L. c. 64G, § 3A to the rate of six percent 6.0%; or take any other action thereon.

Given under our hands the 23^rd day of September in the year of our Lord Two Thousand and Nine.

Leigh Emery, Chair

Rod Jané, Vice Chair

Lydia Goldblatt

George Thompson

Timothy Dodd

SELECTMEN OF WESTBOROUGH