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SPECIAL TOWN MEETING WARRANT Commonwealth of Massachusetts To any of the Constables of the Town of Lee, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify all of the Inhabitants of the Town of Lee, qualified to vote in Town affairs, to meet at the Lee Middle and High School on Thursday, November 2,, 2006 at the hour of 7:00 PM in the evening for the purposes then and there, to take action upon the following Articles, namely: Article 1. Fiscal Year 2007 General Operating Budget Revisions To see if the Town will vote to amend Article 2 of the Annual Town Meeting held on May 11, 2006 as amended by Articles 3 & 4 of that May 11, 2006 Annual Town Meeting, by raising and appropriating the following accounts, or to take any other action relative thereto: 155 Information Technology Increase the appropriation by $21,934 from $19,912 to $41,846 192 Airoldi Building Increase the appropriation by $3,970 from $41,886 to $45,856 196 Office Equipment and Maintenance Increase the appropriation by $675 from $11,000 to $11,675 221 Fire Department Increase the appropriation by $600 from $71,995 to $72,595 291 Emergency Management Increase the appropriation by $1,500 from $0.0 to $1,500 299 Communications Increase the appropriation by $ 600 from $168,618 to $169,218 945 Liability Insurance Increase the appropriation by $2,252 from $109,400 to $111,652 Article 2. Fiscal Year 2007 Ambulance Service Operating Budget Revision To see if the Town will vote to amend Article 6 of the Annual Town Meeting
held on May 11, 2006 by increasing the Ambulance Service account (231) from
$230,351 to Article 3. Oil Tank Removals from Wastewater Pump Stations To see if the Town will vote to amend Article 40 of the Annual Town Meeting
held on May 11, 2006 by increasing the amount transferred from the Sewer
Available Surplus by $28,000 from $5,000 to $33,000 to mitigate the soil
contamination at one of the sites, or to take any other action relative thereto.
Finance Committee recommends approval. Article 4. Wastewater Treatment Plant Construction Administration To see if the Town will vote to appropriate $76,000 for Wastewater Treatment
Plant Construction Administrative expenses, and to meet that appropriation
transfer from the Wastewater Treatment Plant Designer Services, Printing and
Advertising to Bid account (440-5810-0105) $76,000, or to take any other action
relative thereto. Finance Committee recommends approval. Article 5. Additional Fiscal Year 2006 Chapter 90 Authorization To see if the Town will vote to amend Article 25 of the Annual Town Meeting
held on May 12, 2005 to expend an additional $83,447 from added fiscal year 2006
“Chapter 90” funds as provided by the Commonwealth for the purpose of repairing
the Town’s bridges, or to take any other action relative thereto. Finance
Committee recommends approval. Article 6. Office Park and Light Industrial District (OPLI) Signs To see if the Town will vote to eliminate entirely paragraph 199-60-E-1 from
the Town’s Zoning Bylaw and replace it with a new section printed below. (1) Business Signs. Each business within the OPLI district may be allowed two signs: (a) As Part of a Directory Sign: One sign as part of a directory sign may be allowed. The size, lettering and color will be in conformity with other signs located on this directory. Each sign will be accompanied by a designated lot or street number for identification purposes. The sign shall be of an integrated and uniform design and shall be located either: (i) at the entrance to the office park/light industrial area. If a directory type sign is employed for all businesses at the entrance of the park, this type of sign may be double sided; or (ii) as a directory within the industrial area where a separate entrance sign bears only the name of the park or facility, as permitted in paragraph (2) below. In the case of such an internal directory, the sign shall be single sided with lettering visible upon entering the park. A Directory sign shall not exceed a total of (32) thirty-two square feet. This square footage does not include the area dedicated to the support system for the sign. The name of the office park/light industrial facility may be included as a crown sign to a directory sign if located at the entrance of the office park or light industrial facility. The size and placement of the crown sign shall be approved by the Planning Board. Each business shall be allowed an equal amount of square footage on either type of directory sign. (b) On Premises Signs: Each business within the office park/light industrial facility may be allowed one sign located on the premises accompanied by an identifying number or letter. These signs shall be in conformance with the signs of other businesses located in the same facility. They may be freestanding or attached to the building at the discretion of the Planning Board. The size shall not exceed (16) sixteen square feet. In addition, professional offices or rental tenants within the OPLI district may also be allowed to list individual professionals or tenants in a directory sign located on the premises. If visible from the street, the size and placement of such signs shall be first approved by the Planning Board. The area of all such auxiliary signs shall not exceed sixteen (16) sixteen square feet. (2) Facility or Office Park Entity Signs: The developer or association of
owners of an office park/light industrial facility may be allowed signs at the
entrance of the facility bearing the official name of the office park/light
industrial facility only, provided that this sign shall not be allowed if a
directory type sign as described in paragraph Article 7. Cluster Development To see if the Town will vote to repeal entirely Section X, Cluster Development Paragraph 199-58 and replace it with a new Flexible Development bylaw Paragraph 199-58 as printed below: 199-58 FLEXIBLE DEVELOPMENT A. Purposes The purposes of this section for Flexible Development are as follows: 1. To encourage the preservation of open land for its scenic beauty and to enhance agricultural, open space, forestry, and recreational uses; 2. To preserve historical and archeological resources; to protect the natural environment, including the Town’s varied landscapes and water resources; 3. To protect the value of real property; 4. To promote more sensitive siting of buildings and better overall site planning; 5. To perpetuate the appearance of the Town's traditional New England landscape; 6. To facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner; 7. To offer an alternative to standard subdivision development; 8. To promote the development of housing affordable to low, moderate, and median income families; and 9. To promote the development of housing for persons over the age of fifty-five. B. Definitions. The following terms shall have the following definitions for the purposes of this section: 1. "Affordable to persons or families qualifying as low income" shall mean affordable to persons in the area under the applicable guidelines of the Commonwealth's Department of Housing and Community Development earning less than 50% of the median income. 2. "Affordable to persons or families qualifying as moderate income" shall mean affordable to persons in the area under the applicable guidelines of the Commonwealth's Department of Housing and Community Development earning more than 50% but less than 80% of the median income. 3. "Contiguous open space" shall mean open space which in the opinion of the Planning Board is suitable and sufficient for those purposes as set forth in paragraph 199-58-A above. Such open space may be separated by the road(s) constructed within the Flexible Development. Contiguous open space shall not include required yards. C. Applicability. In accordance with the following provisions, a Flexible
Development project may be created, whether a subdivision or not, from any
parcel or set of contiguous parcels held in common ownership and located
entirely within the Town. D. Procedures. Flexible Development may be authorized upon the issuance of a special permit by the Planning Board. Applicants for Flexible Development shall file with the Planning Board eight (8) copies of the following: 1. A development plan conforming to the requirements for a preliminary plan as set forth in the Subdivision Rules and Regulations of the Planning Board. 2. Where wetland delineation is in doubt or dispute, the Planning Board may require appropriate documentation. 3. Data on proposed wastewater disposal may be referred by the Planning Board or by other appropriate town officials, boards, or commissions to a consulting engineer for review and recommendation. 4. The Planning Board may also require as part of the development plan any additional information necessary to make the determinations and assessments cited herein. E. Design Process. Each development plan shall follow the design process outlined below. When the development plan is submitted, applicants shall be prepared to demonstrate to the Planning Board that this design process was considered in determining the layout of proposed streets, houselots, and contiguous open space. 1. Understanding the Site. The first step is to inventory existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources on the site, and to determine the connection of these important features to each other. 2. Evaluating Site Context. The second step is to evaluate the site in its larger context by identifying physical (e.g., stream corridors, wetlands), transportation (e.g., roads, paths and bicycle networks), and cultural (e.g., recreational opportunities) connections to surrounding land uses and activities. 3. Designating the Contiguous Open Space. The third step is to identify the contiguous open space to be preserved on the site. Such open space should include the most sensitive and noteworthy resources of the site, and, where appropriate, areas that serve to extend neighborhood open space networks. 4. Location of Development Areas. The fourth step is to locate building sites, streets, parking areas, paths and other built features of the development. The design should include a delineation of private yards, public streets and other areas, and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the Town’s historical development patterns and in harmony with the town’s Master Plan. 5. Lot Lines. The final step is simply to draw in the lot lines (if applicable). F. Modification of Lot Requirements. The Planning Board encourages applicants
for Flexible Development to modify lot size, shape, and other dimensional
requirements for lots within a Flexible Development, subject to the following
limitations: 1. Lots having reduced area or frontage shall not have frontage on a street
other than a street created by the Flexible Development; provided, however, that
the Planning Board may waive this requirement where it is determined that such
reduced lot(s) are consistent with existing development patterns in the
neighborhood. 2. At least 50% of the required side and rear yards in the district shall be maintained in the Flexible Development. G. Basic Maximum Number of Dwelling Units. The basic maximum number of
dwelling H. Density Bonus. The Planning Board may award a density bonus to increase the number of dwelling units beyond the basic maximum number. In the aggregate, the density bonus shall not exceed fifty (50%) percent of the basic maximum number. All dwelling units awarded as density bonuses from all sources shall be two bedroom units. Strict compliance with this requirement may be waived by the Planning Board. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: 1. Open Space - For every ten (10%) percent of the site over the recommended fifty (50%) percent, a bonus of five (5%) percent of the basic maximum number may also be awarded at the discretion of the Planning Board. In the aggregate, density bonuses shall not exceed twenty-five (25%) percent of the basic maximum number 2. Elderly Housing - For every two (2) dwelling units restricted to occupancy by persons over the age of fifty-five, one (1) dwelling unit may be added as a density bonus; provided, however, that this density bonus shall not exceed ten (10%) percent of the basic maximum number. I. Affordable Component. As a condition of the grant of any special permit for a Flexible Development, dwelling units shall be restricted for a period not less than thirty (30) years in the following manner: 1. 10% of the units shall be affordable to persons or families qualifying as
low income; or The affordable dwelling units shall be in addition to those otherwise available as part of the basic maximum number and shall not be computed as part of any density bonus. The thirty year restriction shall be approved as to form by Town Counsel, and a right of first refusal upon the transfer of such restricted units shall be granted to the local Housing Authority for a period not less than one hundred and twenty (120) days after notice thereof. J. Types of Buildings. The Flexible Development may consist of any combination of single-family, two-family and multifamily residential structures. A multifamily structure shall not contain more than five (5) dwelling units. The architecture of all multifamily buildings shall be residential in character, particularly providing gabled roofs, predominantly wood siding, an articulated footprint and varied facades. Residential structures shall be oriented toward the street serving the premises and not the required parking area. K. Roads. The principal roadway(s) serving the site shall be designed to conform with the standards set forth in the Subdivision Regulations of the Planning Board where the roadway is or may be ultimately intended for dedication and acceptance by the town. Private ways shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or by the Applicant. L. Parking. Each dwelling unit shall be served by two (2) off-street parking spaces. Parking spaces in front of garages may count in this computation. M. Contiguous Open Space. A minimum of fifty (50%) percent of the parcel shown on the development plan shall be contiguous open space. Any proposed contiguous open space, unless conveyed to the town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the town, providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes. 1. The percentage of the contiguous open space which is wetlands shall not normally exceed the percentage of the tract which is wetlands; provided, however, that the applicant may include a greater percentage of wetlands in such open space upon a demonstration that such inclusion promotes the purposes set forth in paragraph A, above. In no case shall the percentage of contiguous open space which is wetlands exceed fifty (50%) of the tract. 2. The contiguous open space shall be used for conservation, historic preservation and education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purposes. 3. The contiguous open space shall remain unbuilt upon, provided that the Planning Board may permit up to ten (10%) percent of such open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space, pedestrian walks, and bikepaths. 4. Underground utilities to serve the Flexible Development site may be located within the contiguous open space. N. Ownership of the Contiguous Open Space. The contiguous open space shall, at the Planning Board's election, be conveyed to 1. The Town or its Conservation Commission; 2. A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above; 3. A corporation or trust owned jointly or in common by the owners of lots within the Flexible Development. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust which shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the Town to perform maintenance of such open space and facilities. If the trust or corporation fails to provide adequate maintenance, it shall grant the town an easement for this purpose. In such event, the town shall first provide fourteen (14) days written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the town may perform the work and all costs associated with the project shall be divided among the owners and payment to the town will be made through the Town Collector or Treasurer. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the Planning Board for evaluation, be approved by the Town Counsel and thereafter be recorded in the Registry of Deeds. O. Buffer Areas. A buffer area of one hundred (100) feet shall be provided at the perimeter of the property where it abuts residentially zoned or occupied properties, except for driveways necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Planning Board may waive the buffer requirement: (i) where the land abutting the site is the subject of a permanent restriction for conservation or recreation so long as a buffer is established of at least fifty (50') feet in depth which may include such restricted land area within such buffer area calculation; or (ii) where the land abutting the site is held by the Town for conservation or recreation purposes; or (iii) the Planning Board determines that a smaller buffer will suffice to accomplish the objectives set forth herein. P. Drainage. Stormwater management shall be consistent with the requirements set forth in the Subdivision Regulations of the Planning Board. Q. Decision. The Planning Board may approve, approve with conditions, or deny
an application for a Flexible Development after determining whether the Flexible
Development better promotes the purposes of paragraph A of this Flexible
Development By-Law than would a conventional subdivision development of the same
locus. R. Relation to Other Requirements. The submittals and permits of this section
shall be in addition to any other requirements of the Subdivision Control Law or
any other provisions of this Zoning By-Law. Article 8. Agricultural Commission To see if the Town will vote to establish an Agricultural Commission to represent the Lee farming and agricultural community, as well as other farming and forestry activities, as is set forth below: The purpose of the Agricultural Commission will be to support commercial agriculture and other farming activities in the Town of Lee. The Commission’s duties shall include but will not be limited to the following: promote agricultural-based economic opportunities in Town; act as mediators, advocates, educators, and/or negotiators on farming issues; work for the preservation of agricultural lands; advise the Town Meeting, Board of Selectmen, Planning Board, Zoning Board of Appeals, Conservation Commission, Board of Health, Historical Commission, Board of Assessors, and the Open Space Committee, or any other appropriate Town Boards, on issues involving agriculture; and shall pursue all initiatives appropriate to creating a sustainable agricultural community. The Commission shall consist of five members appointed by the Board of Selectmen, of which the majority of the membership shall be substantially engaged in the pursuit of agriculture. All members of the Commission must either be residents of the town or owners and farmers of agricultural property within the town. Ther may be one or two alternates appointed to the Commission by the Board of Selectmen and to any vacancies at a meeting of the Commission. In making its appointments, the Board of selectmen will specifically consider the agricultural interests of the town. The terms will be as follows: Two members for a term of three years; two members for a term of two years and three thereafter; and one member for a term of one year and three years thereafter. The Board of Selectmen shall fill a vacancy based on the unexpired term of
the vacancy in order to maintain the cycle of appointments. And, you are hereby directed to serve this Warrant by posting true and attested copies thereof, in three public places within the Town of Lee, fourteen (14) days at least, before the day and hour of holding said meeting. Therefore, Fail Not and make due return of said Warrant with your doing thereon to the Town Clerk of the Town of Lee, at or before the day and hour of holding said meeting. Given under our hands at this day of , 2006.
As per instruction in this Warrant, I have posted same,
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