Results of Annual Town Meeting
May 7, 2001
THE COMMONWEALTH OF MASSACHUSETTS
Worcester, ss.
To any Constable of the Town of Lancaster in the County of Worcester,
GREETINGS:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Lancaster qualified to vote in the elections and Town affairs, to meet at Machlan Auditorium, Atlantic Union College, Main Street, in said Lancaster on Monday, the seventh day of May, at 7:30 o'clock in the evening, then and there to act on the following Articles:
ARTICLE 1
Board of Selectmen
To hear the annual report of the Board of Selectmen and to act thereon.
ARTICLE 2
Board of Selectmen
To see if the Town will vote to fix the salary and compensation of the following elected officers of the Town for the Fiscal Year beginning July 1, 2001, pursuant to the provisions of M.G.L. c.41, §108, or act in any manner relating thereto. Recommended by the Finance Committee.
Board of Assessors $ 4,689 per member
Board of Health $ 813 per member
Board of Public Works $ 500 per
member
Board of Selectmen $ 957 per member
Passed
ARTICLE 3
Finance Committee
To see if the Town will vote to raise and appropriate, take from
available funds, take from Overlay Reserve, take from the Stabilization
Fund, or take from the Water Enterprise Fund, such sums of money as may
be necessary to defray the expenses of the Town for the Fiscal Year beginning
July 1, 2001, or act in any manner relating thereto. The full text of the
Finance Committee's Recommendations are available in the Town Clerk’s Office
and will be distributed at Town Meeting.
Passed with amendments:
1. to level fund Nashoba School budget with stated intent
that if one other town also votes an altered assessment, the entire budget
will go back to the Nashoba Regional School Committee to be re-examined.
Bolton passed the school board assessment; Stow will vote Tuesday night
on its assessment, which will determine if the budget is accepted. If Stow
approves, Lancaster must accept the assessment and a Special Town Meeting
will be held to fund the budget; if Stow disaaproves, a town meeting will
be held once the school committee draws up a revised budget.
Reconsideration vote failed.
2. Community Development and Planning department budget
increased by $6,270 to increase support staff hours for the office, including
support for several town boards.
Total budget passed was $9,578,280, with funds to be added back
into Nashoba budget to be determined later. Original propsed budget was
$10,061,939.
ARTICLE 4
Board of Selectmen
To see if the Town will vote to authorize the Collector-Treasurer
to enter into a Compensating Balance Agreement or Agreements for Fiscal
Year 2002, pursuant to M.G.L. c.44, §53F, or act in any manner relating
thereto. Recommended by the Finance Committee.
Passed
ARTICLE 5
Board of Selectmen
To see if the Town will vote to authorize the following Revolving
Funds in accordance with M.G.L. c.44, §53E½, or act in any
manner relating thereto: Recommended by the Finance Committee.
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| Council on Aging | Council on Aging | Senior Newsletter | Newsletter printing/ | $ 4,000 | Balance Available |
| Advertising | mailing; other activities | for Expenditure | |||
| Cross Connection | Board of Public | Survey/Inspection | Cross Connection | $ 5,000 | Balance Available |
| Program | Works/Water Ent. | Fees | Program Expenses | for Expenditure | |
| Disability | Disability | Activities and | Activities and Programs | $ 2,000 | Balance Available |
| Commission | Commission | Donations | for Disabled persons | for Expenditure | |
| Historical | Historical | Research fees & | Research-related wages | $ 5,000 | Balance Available |
| Commission | Commission | other charges | and expenses | for Expenditure | |
| Library Book Fines | Library Trustees | Late Book & | Books - Materials | $ 1,000 | Balance Available |
| Materials Fines | for Expenditure | ||||
| Library Building | Library Trustees | Appurtenances & | Library Building | $ 10,000 | Balance Available |
| furnishings sales | Refurbishment | for Expenditure | |||
| Library Photocopy | Library Trustees | Patron photocopy | Photocopy equipment | $ 1,000 | Balance Available |
| fees | and supplies | for Expenditure | |||
| M.A.R.T. | Council on Aging | Reimbursement - | Wages and Expenses | $ 34,000 | Balance Available |
| M.A.R.T/Bus fees | for Senior Van operation | for Expenditure | |||
| Planning Board | Planning Board | Fees | Planning-related | $ 50,000 | Balance Available |
| expenses | for Expenditure | ||||
| Publications | Town Clerk | Publications Fees | Publications reprinting | $ 5,000 | Balance Available |
| Reprinting | expenses | for Expenditure | |||
| Recycling | Recycling | Donations - Fees - | Operating Expenses | $ 6,000 | Balance Available |
| Committee | Sale of products | for Expenditure | |||
| Sewer District | Collector-Treasurer | Lancaster Sewer | Collector-Treasurer | $ 4,000 | Balance Available |
| Collection | and Selectmen | District payment | Operational Expenses | for Expenditure | |
| Tax Title Account | Collector-Treasurer | Interest/Approp. | Tax Title Taking Legal | $ 30,000 | Balance Available |
| Other Payments | Expenses | for Expenditure | |||
| Town Forest | Town Forest | Gifts and sale of | Town Forest improvements | $ 3,400 | Balance Available |
| Committee | forest products | for Expenditure | |||
| Veterans' Memorial | Selectmen | Appropriations | War Veterans' Memorial | $ 50,000 | Balance Available |
| and gifts | for Expenditure | ||||
| Workers Compensation | Selectmen | Reimbursements/ | Advance to employees | $ 5,000 | Balance Available |
| Advance | Appropriations | on workers compensation | for Expenditure |
Passed
ARTICLE 6
Board of Public Works
To see if the Town will vote to accept any public funds for repairs
to roadways, culverts, bridges, water systems and tree planting, and to
authorize the Collector-Treasurer to take from available funds or to borrow
in anticipation of authorized reimbursements; further, to take not more
than $250,000 from available funds to be expended by the Board of Public
Works and Board of Selectmen for road improvements and other projects authorized
under "Chapter 90", said funds to be reimbursed by the State under the
relevant Acts of 2001, or act in any manner relating thereto. Recommended
by the Finance Committee.
Passed
ARTICLE 7
Board of Public Works
Water Enterprise Fund
To see if the Town will vote to appropriate $452,000 from the
Water Enterprise Fund and take $61,798 from Water Enterprise Available
Funds to fund the operation of the Water Department for the fiscal year
beginning July 1, 2001 (detail below), or act in any manner relating thereto.
The Finance Committee will make a recommendation from the floor.
Passed
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Water Enterprise Revenues: | ||
| User Charges | 440,000 | ||
| Connection Fees | 2,000 | ||
| Water Enterprise Available Funds | 61,798 | ||
| Investment Income | 10,000 | ||
| Total Revenues | 513,798 | ||
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Costs Appropriated in the Enterprise Fund | ||
| Salaries and Wages | 156,035 | ||
| Expenses | 132,686 | ||
| Capital Outlay - Equipment | 60,000 | ||
| Capital Outlay - Improvements | 20,000 | ||
| Reserve Fund | 4,000 | ||
| Debt Principal and Interest | 79,688 | ||
| Cross Connection | 6,500 | ||
| Total Costs Appropriated in E.F. | 458,909 | ||
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Costs Appropriated in General Fund to be Charged to Enterprise Fund | ||
| Health Insurance | 19,184 | ||
| Pensions | 13,087 | ||
| Shared Employees | 9,095 | ||
| Other - Employee Benefits | 12,523 | ||
| Other - Insurance Premiums | 1,000 | ||
| Total Costs Appropriated in G.F. | 54,889 | ||
| Total Costs | 513,798 |
ARTICLE 8
Board of Public Works
Water Enterprise Fund
To see if the Town will vote to take $300,000 from Water Enterprise
Available Funds to be expended by the Board of Public Works and Board of
Selectmen for capital improvements, or act in any manner relating thereto.
The Finance Committee will make a recommendation from the floor.
Indefinitely postponed
ARTICLE 9
Board of Selectmen
To see if the Town will vote to request the Board of Assessors
to commit $5,000 from the FY2002 Overlay Account for Abatements for the
Senior Citizen Tax Abatement Program, or act in any manner relating thereto.
Recommended by the Finance Committee.
Passed
ARTICLE 10
Board of Selectmen
To see if the Town will vote to take $6,500 from available funds
or from the Stabilization Fund to be expended by the Police Department
to purchase replacement bullet-proof vests, or act in any manner relating
thereto. Recommended by the Finance Committee (Funding source to
be moved from the floor).
Passed
ARTICLE 11
Board of Selectmen
To see if the Town will vote to take $16,700 from available funds
or from the Stabilization Fund to be expended by the 350th Anniversary
Committee for 350th Anniversary Celebration related expenses; further,
that not more than $15,000 of said appropriation may be used to match a
Local Cultural Council Matching Incentive Program Grant, or act in any
manner relating thereto. Recommended by the Finance Committee (Funding
source(s) to be moved from the floor).
Passed
ARTICLE 12
Board of Selectmen
To see if the Town will vote to raise and appropriate, take from
available funds, or take from Overlay Reserve, such sums of money to be
transferred to the Stabilization Fund, or act in any manner relating thereto.
(The Finance Committee will recommend funding sources from the floor).
Passed. Total of $613,496 to Stabilization (prior to allocation
for increases to Nashoba school budget)
ARTICLE 13
Board of Selectmen
To see if the Town will vote to borrow $32,500 to purchase from
the Lancaster Land Trust a conservation restriction on a 33.4 acre parcel
of land located on Ballard Hill, identified as Assessor’s Map #19, Parcel
7A, said expenditure contingent upon a grant award in the same amount;
further, to authorize the Conservation Commission to apply for funding
through the Self-Help Program administered by the Division of Conservation
Services of the Massachusetts Executive Office of Environmental Affairs,
or act in any manner relating thereto. Recommended by the Finance Committee.
Indefinitely postponed
ARTICLE 14
Board of Selectmen
To see if the Town will vote to accept the provisions of M.G.L.
Chapter 59, §57C, authorizing the Town to implement a quarterly tax
payment system effective July 1, 2002, or act in any manner relating thereto.
Recommended by the Finance Committee.
Passed
ARTICLE 15
Board of Selectmen
To see if the Town will vote to adopt the Town Clerk Enumeration of
Fees, a copy of which is on file in the Office of the Town Clerk, or act
in any manner relating thereto. Recommended by the Finance Committee.
Passed
ARTICLE 16
Board of Selectmen
To see if the Town will vote to amend the Numbering of Buildings Bylaw, as adopted under Article 23 of the May 19, 1997 Annual Town Meeting, by deleting Section IV in its entirety and inserting the following, or act in any manner relating thereto:
IV. The Building Inspector is directed to assign a number to the structure
at the time the building permit is further authorized to correct and verify
address numbers.
Passed
ARTICLE 17
Board of Selectmen
To see if the Town will vote to adopt a Demolition Delay Bylaw, a copy
of which is on file in the Office of the Town Clerk, or act in any manner
relating thereto.
Defeated
ARTICLE 18
Planning Board
To see if the Town will vote to amend the Lancaster Zoning Bylaw by deleting the following language from the Bylaw relating to Article 3.20 (Use Regulation Schedule), Section 3.22, entitled “Rural Uses, Principle Uses, A.” which reads “agriculture, horticulture, floriculture and viticulture exempted from prohibition by Section 3 of Chapter 40A, MGL,” specifically:
“Notes: No building housing poultry to be within 150 feet
of a property line; no outdoor storage of odor-producing substances or
fenced poultry to be less than 100 ft. from an off-premises dwelling, and
no
livestock shall be permitted within 50 feet of an off-premises dwelling.”,
or act in any manner relating thereto.
Passed
ARTICLE 19
Board of Selectmen
To see if the Town will vote to authorize the Board of Selectmen to
enter into leases with a provider or providers of telecommunication services
for the installation and maintenance of cellular/wireless communication
antennae and related facilities on the following parcels within the Town
of Lancaster which are within the care, custody and control of the Board
of Selectmen: Assessor’s Map 28, Parcel 1, Brockelman Road; Assessor’s
Map 37, Parcel 31 Winsor Lane; Assessor’s Map 43, Parcel 1, Mill Street
Extension; provided that such leasing is conducted in compliance with G.L.
c.30B; and to further authorize the Board of Selectmen to grant such easements
as may be deemed necessary for the provision of access and utility service
to such facilities; said leases(s) or license agreement(s) to be for a
term of more than three years and on such additional terms and conditions
as the Board of Selectmen shall deem to be in the best interests of the
Town; further, to authorize the Board of Selectmen to petition the Massachusetts
legislature for approval of such leases and easements under Article 97
of the Amendments to the Massachusetts Constitution; and further, to petition
the General Court to the end that legislation be adopted precisely as follows:
The General Court may make editorial or clerical changes of form only to
the bill, unless the Selectmen approve amendments to the bill before enactment
by the General Court. The Selectmen are hereby authorized to approve
amendments that shall be within the scope of the general public objectives
of this petition.
AN ACT AUTHORIZING THE BOARD OF SELECTMEN IN THE TOWN OF LANCASTER TO LEASE CERTAIN LANDS TO WIRELESS COMMUNICATIONS COMPANIES FOR THE ERECTION OF WIRELESS ANTENNAS OR OTHER RELATED APPURTENANT STRUCTURES.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding the provisions of any general or special
law to the contrary, including without limitation section 3 of chapter
40 of the General Laws, the board of selectmen of the town of Lancaster,
on behalf of the town, may lease for a period not to exceed 20 years, the
hereinafter described parcels of land or portions of buildings, including
any appurtenant air rights, to wireless communications companies for the
erection or wireless antennas or related structures, after compliance with
chapter 30B of the General Laws, including that described portion of the
Town Forest, presently dedicated to forestry use, and a portion of the
water holding tank and well fields, presently dedicated to water utilization,
(1) Lancaster Town Forest, Brockelman Road, said area(s) to be identified
and approved by the Board of Selectmen.
(2) Water Storage Tanks, Winsor Lane, said area(s) to be identified
and approved by the Board of Selectmen
(3) Water Well Fields, Mill Street Extension, said area(s) to be identified
and approved by the Board of Selectmen.
SECTION 2. Notwithstanding the provisions of any general or special law to the contrary, including without limitation, the provisions of section 3 of chapter 40 of the General Laws, all proceeds for lease or leases of property leased by the town of Lancaster to telecommunication companies for the erection of wireless antennas or related structures shall be deposited into the available funds of the town and be available for any purpose as voted by the town.
SECTION 3. This act shall take effect upon its passage.
or act in any manner relating thereto.
Passed 190-6
ARTICLE 20
Board of Selectmen
To see if the Town will vote to transfer care, custody and control
of a portion of the land owned by the Town described below to the Board
of Selectmen for the purpose of conveying an easement to Massachusetts
Electric Company and further, to authorize the Board of Selectmen to grant
an easement to Massachusetts Electric Company located in, through, under,
over, across, and upon a parcel of land located off the westerly sides
of Route 117 and Main Street, being specifically 37.8 acres as shown on
a Plan of Land recorded with the Worcester District Registry of Deeds in
Plan Book 352, Plan 92. And further, is laid out and more particularly
shown on a MECO sketch entitled: "Massachusetts Electric, A NEES company;
Lancaster Middle School, Main Street @ Rte 117, Lancaster, MA; Riser, Lateral,
and Padmount Transformer Locations; Scale: 1” = 40’; Date: 3/16/00; WH
4870-0," said sketch on file for public inspection in the Town Clerk's
Office, for the purpose of installing, operating and maintaining underground
electric cables and associated equipment, including the facilities required
to interconnect cables to electric lines, upon such terms and conditions
as the Board of Selectmen shall determine to be appropriate, or act in
any manner relating thereto.
Passed
ARTICLE 21
Board of Selectmen
To see if the Town will vote to accept Farm Land Lane as a public
way, a roadway situated on the southwesterly side of Sterling Street on
a plan entitled “Deershorn Estates, Definitive Subdivision of Land in Lancaster,
Mass. For Arthur M. and Elaine A. Mudgett”, by David E. Ross Associates,
Inc. dated November 1996 and recorded in the Worcester South Registry of
Deeds in Plan Book 728, Page 13, a copy of which is on file in the Town
Clerk’s office; and further, to authorize the Board of Selectmen to accept
any easements as a gift and to take any other action they deem to be in
the best interest of the Town, or act in any manner relating thereto.
Passed
ARTICLE 22
Board of Selectmen
To see if the Town will vote to accept Grant Way, Evelyn Place,
and Chisholm Trail as public ways, being shown on a plan entitled “Definitive
Subdivision of Land in Lancaster, Mass., prepared for Mountain Laurel Realty
Company,” dated June 1996 being Plan No. L-3518 by David E. Ross Associates,
Inc., and recorded in Worcester South District Registry Plan Book 714 Plan
17, a copy of which is on file in the Town Clerks' office; and further,
to authorize the Board of Selectmen to accept any easements as a gift and
to take any other action they deem to be in the best interest of the Town,
or act in any manner relating thereto.
Passed
ARTICLE 23
Registered Voters Petition
AN ACT authorizing the town of Lancaster to grant certain licenses for the sale of alcoholic beverages to be drunk on the premises of restaurants.
To see if the Town will vote to petition the General Court to the end that legislation be adopted precisely as follows, or act in any matter relating thereto. The General Court may make clerical or editorial changes of form only to the bill, unless the Selectmen approve amendments to the bill before enactment by the General Court. The Selectmen are hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition.
Section 1. Notwithstanding any limitations imposed by section 11 of chapter 138 of the General Laws as to the time and manner of voting on the questions or section 17 relative to the number of such licenses authorized to be held of any other general or special law to the contrary, the board of selectmen of the town of Lancaster shall cause to be placed on the official ballot used in said town of Lancaster by registered voters for the election of officers at the annual town meeting to held in the year 2002 the following question;
(a) “Shall the board of selectmen be authorized to grant licenses for the sale of beer and wine to be drunk on the premises in restaurants having at least 50 but not more than 125 seats; provided, that not more than 2 such licenses shall be in effect.
YES________ NO________
If in the majority of the votes
cast in answer to said question is in the affirmative, the town shall be
taken to have authorized the sale in said town of beer and wine to be drunk
on the premises in restaurants having at least 50 but not more than 125
seats; provided, that not more than 2 such licenses shall be in effect.
Such licenses shall be the subject, however, to all other provisions of
said chapter 138.
(b) “Shall the board of selectmen be authorized to grant licenses for the sale of all alcoholic beverages to be drunk on the premises in restaurants having at least 100,but not more than 500 seats, provided, that not more than 4 restaurant alcohol licenses of any type shall be in effect.
YES____________ NO_________
If the majority of the votes cast in answer to said question is in the affirmative, the town shall be taken to authorized the sale in said town of all alcoholic beverages in restaurants having at least 100 but not more 500 seats; provided, that not more than 4 restaurant alcoholic licenses of any type shall be in effect. Such licenses shall be the subject, however, to all other provisions of said chapter 138.
Section 2. The board of selectmen of the town of Lancaster is hereby authorized and direct to include a summary of the aforesaid question including a statement of its position on the ballot with said question.
Section 3. This act shall take effect after 90 days of passage.
(This Article appears on the Warrant as the result of a registered voters
petition submitted to the Board of Selectmen, pursuant to M.G.L. c. 39,
§10. The Article is reproduced exactly as drafted on the original
Petition and appears on the Warrant in the order in which it was received).
Passed 186-73
ARTICLE 24
Registered Voters Petition
To see if the Town will vote to change the zoning classification of light industry by eliminating any smokestack industry (i.e. asphalt plant), or act in any manner relating thereto.
(This Article appears on the Warrant as the result of a registered voters
petition submitted to the Board of Selectmen, pursuant to M.G.L. c. 39,
§10. The Article is reproduced exactly as drafted on the original
Petition and appears on the Warrant in the order in which it was received).
Passed after added wording on floor of Town Meeting
ARTICLE 25
Registered Voters Petition
To see if the Town will vote to put out for bid all the services of the health agent or act in any manner relating thereto.
(This Article appears on the Warrant as the result of a registered voters
petition submitted to the Board of Selectmen, pursuant to M.G.L. c. 39,
§10. The Article is reproduced exactly as drafted on the original
Petition and appears on the Warrant in the order in which it was received).
Withdrawn
To hear the report of any outstanding committees and to act thereon.
To choose any committee or committees that may be thought necessary.
And you are directed to serve this Warrant by posting up attested copies
thereof at the South Lancaster Post Office, the Center Post Office, the
Fifth Meeting House and the Town Hall, in said Town seven days at least
before the time for holding said meeting. Hereof fail not and make
due return of the Warrant with your doings thereon to the Town Clerk at
the time and place of meeting aforesaid.
SELECTMEN OF LANCASTER
Stephen J. Kerrigan, Chairman
James J. Ford, Jr., Clerk
Alexandra W. Turner, Member