TOWN OF DOVER
________________
WARRANT
for the
ANNUAL TOWN
MEETING
Monday, May 6,
2002
7:30 P.M.
Dover-Sherborn Regional
School
Lindquist Commons
and
TOWN ELECTIONS
Monday, May 20, 2002
7:00 AM - 8:00 PM
Dover Town House
WARRANT COMMITTEE OPEN HEARING
Monday, March 18, 2002 at 7:30
PM
Dover Town House
ARTICLES OF
THE WARRANT
ANNUAL TOWN
MEETING 2002
Norfolk,
ss.
To
any of the Constables of the Town of Dover in said County, Greetings;
In the name of the Commonwealth of
Massachusetts you are hereby required to notify and warn the inhabitants of the
Town of Dover, qualified as the Constitution requires to vote in elections and
in Town affairs, to meet in the Lindquist Commons Building at the
Dover-Sherborn Regional High School in said Town on Monday, the 6th day of May,
2002, at seven-thirty o'clock in the evening then and there to act on the
following articles, to wit:
Article
1. (Selectmen) To hear and act on the various reports of the various
committees:
(a)
As contained in the printed 2001 Annual Report;
(b)
Any other reports submitted to the voters by the Town Committees.
Article
2. (Assessors) To see if the Town will
accept the provisions of Section 4 of Chapter 73 of the Acts of 1986 as amended
by Chapter 126 of the Acts of 1988, in order to allow an additional real estate
tax exemption of up to 100 percent in Fiscal Year 2003 for those who qualify
for an exemption under clauses 17D, 22, 22A, 22B, 22C, 22D, 22E, 37A, 41C, 42
or 43 of Section 5, Chapter 59 of the Massachusetts General Laws; or take any
other action relative thereto.
Article
3. (Selectmen) To see if the Town will
set the salaries for its elected officials for the ensuing fiscal year, or take
any other action relative thereto.
Article
4. (Selectmen) To see what sum the Town
will raise and appropriate for salaries and expenditures by departments,
officers, boards, and committees of the Town for the ensuing fiscal year; to
determine whether the money shall be included in the tax levy, transferred from
available funds, or provided by any combination of these methods; or take any
other action relative thereto.
Article
5. (Selectmen) To see what sums the
Town will raise and appropriate for the various capital purposes listed below;
to determine whether the money shall be included in the tax levy, transferred
from available funds, borrowed, or provided by any combination of these
methods; or take any other action relative thereto.
1. Cemetery
Department
2. Fire Department
Water Tank Replacement (squad 2)
3. Highway
Dump Body
(Replacement H-14)
4. Park and Recreation
Caryl Park Well
5. Police
Department
2 Patrol Vehicles
Range Upgrade
6. Selectmen
Clock Tower Repair and Painting
Town
House Restroom Restoration
Voice
Mail
Police
Station AC Condenser Replacement
7.
Water
Department
Article
6. (Selectmen) To see what sum the Town
will raise and appropriate, or appropriate by transfer from available funds for
the purpose of funding an unemployment
compensation fund as authorized by Chapter 40, Section 5E, of the Massachusetts
General Laws; or take any other action relative thereto.
Article
7. (Selectmen) To see what sum the Town
will raise and appropriate, or appropriate by transfer from available funds to
provide for the payment of accumulated sick leave to retired police officers as
authorized by Chapter 375 of the Acts of 1984; or take any other action
relative thereto.
Article
8. (Selectmen) To see what sum the Town will vote to raise and appropriate, or
appropriate by transfer from available funds or borrow, or any combination of
these methods, for highway construction, reconstruction and other improvements
under the authority of the Massachusetts General Laws as funded by various
state budgets; and to authorize the Selectmen to enter into contracts, apply
for, and accept, expend and borrow in anticipation of state aid for such
projects; or take any other action relative thereto.
Article
9. (Selectmen) To see if the Town will
vote pursuant to the Massachusetts General Laws Chapter 44, Section 53E 1/2, to
authorize the use of revolving fund accounts for the following boards or
departments, and that unless otherwise amended by Town Meeting, such accounts
shall not exceed the amounts provided as set forth in this Warrant Article for
fiscal year 2003:
Building Department
a.
Gas Inspector $
4,000
b. Plumbing Inspector $14,800
c. Wiring Inspector
$20,000
Board of Health
a. Perk & Deep Hole
inspection and permitting $40,000
b. Septic inspection and
permitting $40,000
c. Well inspection and
permitting $10,000
d. Swimming Pool inspection and
permitting $10,000
Dover School Committee
a. School Instrumental Music $20,000
Building Maintenance $ 5,000
and
further, that the fees received in connection with these programs be credited
to the respective accounts and that the respective board or department be
authorized to make expenditures from these accounts in accordance with the
Massachusetts General Laws Chapter 44, Section 53E 1/2; or take any other
action relative thereto.
Article
10. (Assessors) To see if the Town will accept the
provisions of Chapter 59, Section 5, Clause 17E of the Massachusetts General
Laws, in order to annually increase the amount of assets certain senior
citizens and surviving spouses and minors may have to qualify for an exemption
under Chapter 59, Section 5, Clause 17D, by applying the Cost of Living
Adjustment (COLA) determined by the Commissioner of Revenue; or take any other
action relative thereto.
Article
11. (Selectmen/Dover School Committee) To see if the Town will vote to transfer
the care, custody, and control of the Caryl School site from the School
Committee to the Board of Selectmen; or take any other action relative thereto.
Article
12. (Selectmen/Caryl School Reuse
Committee) To see if the Town will
vote to raise and appropriate, or appropriate by transfer from available funds
or borrow a sum of money, or any combination of these methods, for the purpose
of designing, constructing additions to and remodeling, reconstructing and
making extraordinary repairs to the Caryl School for the reuse of the school
for various municipal purposes; to petition the general court for an act to
authorize the town to appropriate funds for the purpose of creating elderly low
and moderate income housing in a portion of the Caryl School and/or for
creating, preserving and supporting low and moderate income housing in the
town; or take any action relative thereto.
Article
13. (Selectmen/Dover Housing Partnership/Caryl School Reuse Committee) To see
if the Town will vote to authorize the Board of Selectmen to: (1) enter into a
long-term lease agreement, under terms and conditions approved by the Board of
Selectmen, with the Dover Community Development Corporation for elderly housing
in a portion of the Caryl School; and (2) to petition the General Court for an
act to exempt this lease from the state public bidding statutes and to exempt
this lease and this elderly housing from the provisions of Massachusetts
General Laws Chapter 151B; or take any other action relative thereto.
Article
14. (Selectmen & Dover Housing Partnership) To see if the Town will vote to
raise and appropriate, or appropriate by transfer from available funds a sum of
money to be expended by the Dover Housing Partnership Committee with the
approval of the Board of Selectmen to fund a study or studies of the
feasibility to construct affordable housing units in the Town of Dover at those
locations to be determined by the Dover Housing Partnership Committee; or take
any other action relative thereto.
Article
15. (Dover School Building
Committee) To see if the Town will vote
to raise and appropriate, appropriate by transfer from available funds, or
borrow, or any combination of these methods, a sum of money, in addition to the
amount appropriated under Article 1. of the warrant for the February 6, 1999
Special Town Meeting for the purpose of designing, constructing, equipping and
furnishing a new school at the Chickering School site; or take any other action
relative thereto.
Article
16. (Selectmen) To see if the Town will
vote to raise and appropriate, or appropriate by transfer from available funds,
a sum of money for the purposes of networking Town buildings and operating said
network; or take any other action relative thereto.
Article
17. (Citizens’ Petition) To see if the Town will vote to raise and appropriate
or transfer from available funds, a
sum of money to construct a sidewalk on the east side of Centre Street from the
intersection of Dedham Street and Centre Street north to Cross Street, a
distance of approximately 2940 feet; or take any other action relative thereto.
Article
18. (Selectmen) To see if the Town will vote to accept
Sections 3 through 7 inclusive, of Chapter 44B of the Massachusetts General
Laws (Massachusetts Community Preservation Act), and set the amount of the tax
surcharge and any exemptions thereto; or take any other action relative
thereto.
Article
19. (Selectmen) To see if the Town will
vote to amend Chapter 4 of the General Bylaws by adding a new Article XLII
thereto entitled “Community Preservation Committee” as shown on a document on
file in the office of the Town Clerk and available for inspection, or take any
other action relative thereto.
Article
20. (Selectmen/Conservation
Commission/Open Space Committee) To see if the Town will vote to endorse a
resolution urging the Commonwealth of Massachusetts to take action, including
the creation of a new state park at Medfield State Hospital, to permanently
protect all or a portion of the Medfield State Hospital site as open space; or
take any other action relative thereto.
Article
21. (Dover Housing Partnership
Committee) To see if the Town will
authorize the Board of Selectmen to petition the General Court for an act to
allow the Town of Dover to acquire five acres of land, currently known as
Medfield State Hospital or Medfield State Forest, from the Commonwealth for
municipal purposes, including affordable housing; or take any other action
relative thereto.
Article
22. (Conservation Commission) To see if
the Town will vote to raise and appropriate, or appropriate by transfer from
available funds a sum of money for the Conservation Fund pursuant to the provisions of Chapter 40,
Section 8C, of the Massachusetts General Laws; or take any other action
relative thereto.
Article
23. (Open Space Committee) To see if the Town will vote to raise and
appropriate or transfer from available funds a sum of money to revise the Open
Space Plan that was written in 1997; or take any other action relative thereto.
Article
24. (Planning Board) To see if the Town will vote to amend
Section 185 of the Zoning Bylaws regarding shared driveways as follows: or take any other action relative thereto:
Amend Section 185-19 as follows:
1/ Section
185-19 shall be renamed as the “Street Frontage Interpretation and
Access Rule.”
2/ Section
185-19A(3) shall be amended to read as follows:
Physical access to the lot
shall be through the frontage or, if the Planning Board approves, through an
alternative point of access from a way described in Section 189-19A(2). Shared driveways or curbcuts shall not be
permitted except when an applicant obtains written approval from the Planning
Board for a “Shared Driveway or Curbcut,” as defined in Section 185-19C hereof.
3/ A
new Section 185-19C is added to read as follows:
C.
A
“Shared Driveway or Curbcut” is a driveway, curbcut or both which services no
more than two adjacent residential lots used for residential purposes in one or
more Residential Districts.
(1) It is the intent of this section to permit no more than two adjacent residential lots used for residential purposes in one or more Residential Districts to share a driveway, which use shall be subject to approval and precautions to ensure that the driveway will be maintained and remain useful for both ordinary and emergency access.
(2)
This
section shall apply only to driveways constructed after (the effective date
of this amendment), and to lawfully existing driveways changed after that
date to connect with or serve no more than two residential lots used for residential
purposes in one or more Residential Districts.
(3)
Prior
to approving a Shared Driveway or Curbcut, the Planning Board must find that:
(a)
Each
lot sharing the Shared Driveway or Curbut would be entitled to construct and
use a separate driveway in accordance with the standards of Section 196-1 et
seq. of the Selectmen’s Regulations and the applicable provisions of this
Bylaw.
(b)
An
access permit for a Shared Driveway or Curbcut would be appropriate under the
standards of Section 196-1 et seq. of the Selectmen’s Regulations (other
than dimensional requirements providing for distance between a driveway and
other driveways and property lines, which requirements shall not apply to
Shared Driveways or Curbcuts approved by the Planning Board);
(c)
The
Shared Driveway or Curbcut will provide practical, safe and efficient vehicular
access to each of the lots served thereby, and the Shared Driveway or Curbcut
will be in the public interest.
(d) The Shared Driveway or Curbcut benefits no more than two adjacent residential lots used for residential purposes in one or more Residential Districts;
(e) A perfect square, as referenced in Section 185-17 hereof, exits on
each lot served by the Shared Driveway or Curbcut; each such perfect square
could be accessed by a conventional driveway or curbcut which would comply with
the standards of Section 196-1 et seq. of the Selectmen’s Regulations
without regard to Section 196-6(c); and, despite the fact that the current or
proposed residence on a lot may not be located within such perfect square, that
a residence could be built and accessed on the perfect square on each lot
without violation of the rules and regulations of the Conservation Commission
and without regard to Planning Board approval for a Shared Driveway or Curbcut;
(f) The necessary perpetual and appurtenant easements have been granted
in a form satisfactory to the Planning Board to ensure that:
[1] each lot
will at all time have a right to safe access from a way
described in Section 189-19A(2)
hereof, and
[2] each
owner of a lot served by the Shared Driveway or Curbcut
will at all times have the right to
maintain the Shared
Driveway or Curbcut and that
maintenance of the Shared
Driveway or Curbcut will at
no time be the responsibility of
the Town.
(g) The Shared Driveway or Curbcut shall be contained entirely
within the lots being served thereby.
When appropriate, the Planning Board shall consult
with and involve appropriate Town officials, representatives and employees in
making the aforementioned findings. The
Planning Board’s findings shall be in addition to, and not in place of, any
approvals or permits, such as an access permit, required under local bylaws,
rules and regulations.
(4)
The
Planning Board may, in conjunction with its approval of a Shared Driveway or
Curbcut, require inspections at certain points in the construction by an agent
authorized by the Planning Board.
(5) No
access permit under Section 196-1 et seq. of the Selectmen’s Regulations
will be effective and no building permit shall issue unless Planning Board
approval of the Shared Driveway or Curbcut has been granted, the easement(s)
required above have been approved and recorded in the Norfolk County Registry
of Deeds, and written approval by the Planning Board has been issued to the
applicant and a copy of such approval has been delivered to the Building
Inspector.
Article
25. (Planning Board) To see if the Town will vote to designate
all of Dedham Street as a Scenic Road under the Massachusetts General Laws
Chapter 40, Section 15C; or take any other action relative thereto.
Article
26: (Planning Board) To see if the Town will vote to amend the
Zoning Bylaw by adding the following new paragraph 185-52.E; or take any other
action relative thereto:
E.
When
reviewing an application for or when conducting inspections in relation to a
Special Permit, the Special Permit Granting Authority may determine that the
outside assistance of consultants is necessary. In such event, the procedures, requirements and financial
responsibility outlined in Chapter 248 Subdivision of Land, Article VII,
248-25. Review Fees shall apply.
Article
27: (Planning Board) To see if the Town will vote to amend the
Zoning Bylaw by adding the following new paragraph 185-46.V; or take any other
action relative thereto:
V. In accordance with 185-52. Special permits., the Planning
Board, as the Special Permit Granting Authority, may authorize the hiring of
private consultants at the applicant’s expense. For the purposes of review of personal wireless service
facilities this provision includes consultation with an independent RF engineer
to review and evaluate the information submitted by the applicant.
Article
28. (Selectmen) To see if the Town will
vote to amend Chapter 116 of the General Bylaws to expand the boundary of the
GW-1 Groundwater Protection District to include the entire Zone II area
designated by the Massachusetts Department of Environmental Protection for the
Draper Road well, as is shown on a revised Groundwater Protection Districts Map
and described in bylaw changes on file in the office of the Town Clerk and
available for inspection; or take any other action relative thereto.
Article
29. (Assessors) To see if the Town will
accept the provisions of Chapter 59, Section 5, Clause 41D of the Massachusetts
General Laws, in order to annually increase the amount of assets and income
certain senior citizens may have to qualify for an exemption under Chapter 59,
Section 5, Clause 41C, by applying the Cost of Living Adjustment (COLA)
determined by the Commissioner of Revenue; or take any other action relative
thereto.
Article
30. (School Committee) To see if the
Town will vote to accept the proviso in MGL c. 40, Section 3 to allow the
balances remaining in the School Committee revolving fund at the close of the
fiscal year to remain in said account, and/or raise and appropriate, or
transfer from available funds, a sum of money for the upkeep and maintenance of
facilities under the control of the School Committee; or take any other action
relative thereto.
Article
31. (Selectmen) To see of the Town will
vote to authorize the Selectmen to donate used equipment or furniture in the
Caryl School to charitable organizations in accordance with the Massachusetts
General Laws Chapter 30B, Section 15(g), under the terms and conditions
approved by the Board of Selectmen; or take any other action relative thereto.
Article
32. (Historical Commission) To see if
the Town will vote to amend Chapter 96 of the General Bylaw concerning
Demolition Review as follows; or take any other action relative thereto:
Amend
Section 96-2. definition of “Historically Significant Structure” and Section
96-5.A by striking out the date “1899” and replacing it with the date “1929.”
Amend
Section 96-3, parts I, J, and K by striking out the words “six months” or
“six-month” or “6 months” and replacing them with “one year.”
Article
33. (Warrant Committee) To see if the
Town will appropriate pursuant to Chapter 40, Section 6 of the Massachusetts
General Laws, a sum not to exceed 5% of the tax levy of the 2001-2002 fiscal
year to be a Reserve Fund, from which transfers are voted by the Warrant
Committee from time to time and transferred as provided by statute, and
determine whether the money shall be provided by the tax levy, by transfer from
available funds including the Reserve Fund Overlay Surplus, or by any
combination of these methods; or take any other action relative thereto.
Article
34. (Warrant Committee) To see what sum the Town will raise and appropriate, or
appropriate by transfer from available funds to pay any unpaid bills rendered
to the Town for prior years; or take any other action relative thereto.
Article
35. (Warrant Committee) To see if the Town will make supplemental
appropriations to be used in conjunction with money appropriated under Article
4 of the Warrant for the 2001 Annual Town Meeting, to be expended during the
current fiscal year, or make any other adjustments to the Fiscal Year 2002
budget that may be necessary, and determine whether the money shall be provided
by transfer from available funds; or take any other action relative thereto.
Article
36. (Warrant Committee) To see if the Town will vote to transfer from Free Cash
in the Treasury an amount to meet the appropriations for the ensuing fiscal
year and will authorize the Board of Assessors to use the same to reduce the
tax rate; or take any other action relative thereto.
Article
37. (Selectmen) To see what sum the Town will vote to raise and appropriate or
appropriate by transfer from available funds for the purpose of supplementing
the Town of Dover Stabilization Fund in accordance with Chapter 40, Section 5B
of the
Massachusetts
General Laws; or take any other action relative thereto
And in the name of the Commonwealth of Massachusetts
you are hereby further required to notify and warn the inhabitants of the Town
of Dover, qualified as aforesaid,
to
assemble at the Town House in said Monday, the 20th of May, 2002 at
seven o'clock in the forenoon, then and there to act on the following article,
to wit:
Article
38. To choose by ballot the following
Town Offices:
Moderator....................................................................….one
year
Town
Clerk.................................................................…..three
years
One member of the Board of
Selectman......................….three years
One member of the Board of
Assessors.......................….three years
Two members of the Dover School
Committee…......…..three years
One member of the Dover/Sherborn
Regional School Committee........................….….three
years
Two members of the Board of Library
Trustees…............three years
One member of the Board of Cemetery
Commissioners...three years
One member of the Planning
Board...................................five years
One member of the Park & Recreation
Commission.…....three years
One member of the Board of
Health..................................three years
For
these purposes the polls will be open at seven o'clock in the forenoon and will
close at eight o'clock in the evening.
And you are directed to serve this
warrant by (1) posting attested copies thereof
on
each of the bulletin boards erected in the Town House, at the Post Office, and
in no
less
than three other Public places where bills and notices are usually posted; and
(2) mailing a copy thereof to or leaving same at the residence of every
registered voter fourteen days at least before the time of holding said
Meeting.
Hereof fail not and make due return of
the Warrant with your doings thereon to the Town Clerk at or before the time of
the Meeting.
Given under our hands this 6th day of
March, 2002.
___________________________________
Robert F.
Comiskey, Chairman
____________________________________
Douglas W.
Scott, Clerk
____________________________________
Tobe
Deutschmann Jr., Member
_______________________
Carl
E. Sheridan, Constable
A
true copy attest: