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.
 
 
REVOLVING
AUTHORIZED TO
REVENUE
USE OF
SPENDING
DISPOSITION OF
FUND
SPEND FUND
SOURCE
FUND
LIMIT
FY01 FUND BALANCE
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
 
 
I.
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 
II.
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 
III.
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