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Draft Motions for the Special Town Meeting of 11/17/03
Article | Draft Motion |
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| It is anticipated that the Board of Selectmen and the Warrant Committee will make a report under this article. | Article 2: Appropriation of Design Funds for Master Plan for High School | MOVED: That there be, and hereby is, appropriated the sum of $90,000 for design services toward a Master Plan for renovations at Belmont High School, said sum to be raised by transfer from the "Special Revenue Fund - Kendall Fire Insurance Reimbursement" account and expended under the direction of the School Committee. | Article 3: Vote to Implement Early Retirement Incentive Program for Certain Payroll Departments | MOVED: That the Town vote to limit participation in the Early Retirement Incentive Program established by Section 116 of Chapter 46 of the Acts of 2003 as follows:
1. For the purposes of the Early Retirement Incentive Program, the term "department" shall mean a Town payroll department.
2. Participation in the Early Retirement Incentive Program shall be limited to eligible employees within the following payroll departments:
a) Department 23 (Public Safety Communications)
b) Department 44 (Street Maintenance)
c) Department 45 (Sanitary Sewer)
d) Department 53 (Cemetery)
e) Department 58 (Council on Aging)
f) Department 88 (Human Resources)
g) Department 526 (Water Administration)
h) Department 833 (Municipal Light Department) | Article 4: Vote to Amend Article 4 of the General By-Laws of the Town to assess fees for Sealer of Weights and Measures Services | MOVED: That the Town vote to amend Article 4 of the General By-Laws of the Town, entitled "Board of Selectmen", by adding a new Section 4.14 as follows:
"4.14 Notwithstanding the provisions of Section 56 of Chapter 98 of the General Laws, the sealers of weights and measures shall receive the following fees for sealing the following weighing or measuring devices:
1. Each scale with a weighing capacity of more than ten thousand pounds, one hundred fifty dollars.
2. Each scale with a weighing capacity of five thousand to ten thousand pounds, one hundred dollars.
3. Each scale with a weighing capacity of one thousand to five thousand pounds, fifty dollars.
4. Each scale with a weighing capacity of one hundred to one thousand pounds, fifty dollars.
5. Scales and balances with a weighing capacity of more than ten pounds and less than one hundred pounds, fifteen dollars.
6. Scales and balances with a weighing capacity of ten pounds or less, fifteen dollars.
7. Each liquid capacity measure, except vehicle tanks, of the capacity of more than one gallon and measures on pumps, fifteen dollars.
8. Each liquid measuring meter, except water meters, the diameter of the inlet pipe of which is one half inch or less, twenty dollars, more than one half inch but not more than one inch, twenty dollars; for each such type of liquid measuring meter, the diameter of the inlet pipe of which is more than one-inch, the following shall apply, vehicle-tank pump fifty dollars, vehicle-tank gravity fifty dollars, bulk storage one hundred dollars, bulk storage user furnishes certified prover one hundred dollars.
9. Each taximeter or measuring device used upon vehicles to determine the cost of transportation twenty dollars.
10. Each machine or other mechanical device used for determining linear or area measurement, forty dollars.
11. Vehicle tanks used in the sale of commodities by liquid measure shall be charged for each hundred gallons or fraction thereof, twenty dollars. An additional fee of twenty dollars per sealed indicator shall be received.
12. All weights and other measures, two dollars each. They shall also receive reasonable compensation for the use of special facilities, necessary repairs, alterations and adjustments made by them." | Article 5: Vote to Develop Affordable Housing on Brighton Street Town-Owned Lot | MOVED: That the Town vote, pursuant to Chapter 40, Section 15A, of the General Laws, to transfer to the Board of Selectmen the care, custody, management and control of the real property on Brighton Street shown on Assessors' Map 45 as Parcel 45, for the purpose of selling or otherwise disposing of such property, for the further purpose of developing affordable housing as defined by Chapter 40B of the General Laws, provided that the disposition of this property for such purposes be subject to the following conditions: (1) any affordable housing developed on the property be maintained as an affordable housing unit in perpetuity; and (2) any housing developed on the property be constructed and maintained in compliance with the restrictions contained in the Zoning Bylaw. | Article 6: Vote to Dispose of the Property on Brighton Street | MOVED: That the Town vote to authorize the Board of Selectmen, on behalf of the Town, to sell or otherwise dispose of the real property on Brighton Street shown on Assessors' Map 45 as Parcel 45, for the purpose of developing affordable housing as defined by Chapter 40B of the General Laws, provided that the disposition of this property be subject to the following conditions: (1) any affordable housing developed on the property be maintained as an affordable housing unit in perpetuity; and (2) any housing developed on the property be constructed and maintained in compliance with the restrictions contained in the Zoning Bylaw. | Article 7: Vote to Develop Affordable Housing on B Street Town-Owned Lot | MOVED: That the Town vote, pursuant to Chapter 40, Section 15A, of the General Laws, to transfer to the Board of Selectmen the care, custody, management and control of the real property on B Street shown on Assessors' Map 29 as Parcel 68, and a portion of Parcel 68A, all as shown on a plan entitled "Plan of B Street Property, Belmont, Mass." dated October 28, 2003 by Thomas G. Gatzunis, Town Engineer, on file in the Town Clerk's Office, for the purpose of selling or otherwise disposing of such property in order to develop affordable housing as defined by Chapter 40B of the General Laws, pursuant to the plans of the Belmont Housing Trust, provided that the disposition of this property for such purpose be subject to the following conditions: (1) any affordable housing developed on the property be maintained as an affordable housing unit in perpetuity; (2) affordable housing units developed on this property be sold subject to a preference for Belmont residents, as defined by Section 6.10.2(5) of the Zoning Bylaw, for the maximum number of units allowed by law; and (3) any housing developed on the property be constructed and maintained in compliance with the restrictions contained in the Zoning Bylaw. | Article 8: Vote to Develop Affordable Housing on B Street Town-Owned Property | MOVED: That the Town vote to authorize the Board of Selectmen, on behalf of the Town, to sell or otherwise dispose of the real property on B Street shown on Assessors' Map 29 as Parcel 68, and a portion of Parcel 68A, all as shown on a plan entitled "Plan of B Street Property, Belmont, Mass." dated October 28, 2003 by Thomas G. Gatzunis, Town Engineer, on file in the Town Clerk's Office, for the purpose of developing affordable housing as defined by Chapter 40B of the General Laws, pursuant to the plans of the Belmont Housing Trust, provided that the disposition of this property for such purpose be subject to the following conditions: (1) any affordable housing developed on the property be maintained as an affordable housing unit in perpetuity; (2) affordable housing units developed on this property be sold subject to a preference for Belmont residents, as defined by Section 6.10.2(5) of the Zoning Bylaw, for the maximum number of units allowed by law; and (3) any housing developed on the property be constructed and maintained in compliance with the restrictions contained in the Zoning Bylaw. | Article 9: Vote to Amend Section 1.4 of Zoning By-Law | MOVED: That the Town vote to amend Section 1.4, "Definitions and Abbreviations," of the Zoning By-Law as follows:
a. By inserting a new definition entitled "Catering Service" after "Building" and before "Cellar" as follows:
"Catering Service - An establishment that prepares, serves, and supplies food in large quantities to be delivered and consumed off premises. Deliveries of food products occur on a regular basis."
b. By inserting a new definition entitled "Other Retail Sales and Services" after "Open Space" and before "Parking Space" as follows:
"Other Retail Sales and Services - An establishment primarily engaged in the retail sale of goods, services and/or products (including baked products, ice cream, and/or candy for consumption off site with no seating provided on site). Such uses may include incidental food service."
c. By replacing the existing definition entitled "Restaurant" with a new definition as follows:
"Restaurant - An establishment at which the principal activity is the preparation, service, and sales of food for consumption on the premises."
d. By inserting a new definition entitled "Restaurant, Fast Food" after "Restaurant" and before "Roof-Mounted Wireless Telecommunications Facility" as follows:
"Restaurant, Fast Food - An establishment whose primary business is the sale of food for consumption on the premises which is: (a) primarily intended for immediate consumption rather than for use as an ingredient or component of meals; (b) available upon a short waiting time; (c) packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold; (d) which, because of the nature of the operation sells large volumes of food; but not including drive-up windows."
e. By inserting a new definition entitled "Restaurant, Take Out" after "Restaurant" and before "Roof-Mounted Wireless Telecommunications Facility" as follows:
"Restaurant, Take Out - An establishment whose primary business is the sale of food for consumption off the premises which is: (a) primarily intended for immediate consumption rather than for use as an ingredient or component of meals; (b) available upon a short waiting time; (c) packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold; (d) which, because of the nature of the operation sells large volumes of food, (e) commonly generate a large volume of vehicular traffic, but not including drive-up windows." | Article 10: Vote to Amend Section 3.3 of the Zoning By-Law | MOVED: That the Town vote to amend Section 3.3, "Schedule of Use Regulations," of the Zoning By-Law by inserting the provisions listed below:
a. Catering Service
- In the LBI, LBII and LBIII Zoning Districts allow up to 5,000 square feet by-right; greater than 5,000 square feet would require a Special Permit.
b. Restaurant
- In LBI and LBII Zoning Districts allow up to 10,000 square feet by-right; greater than 10,000 square feet would require a Special Permit.
- In LBIII and GB Zoning Districts allow restaurants only by Special Permit.
c. Restaurant, Fast Food
- In LBI, LBII, LBIII and GB Zoning Districts allow only by Special Permit.
d. Restaurant, Take Out
- In LBII, LBIII and GB Zoning Districts allow only by Special Permit.
- Not allowed in LBI Zoning District. | Article 11: Vote to Delete Provision from Zoning By-Law | MOVED: That the Town vote to delete from Section 3.3, "Schedule of Use Regulations", of the Zoning By-Law the accessory use provision line item "Sale of food or drink ready for consumption without further preparation." | Article 12: Vote to Edit Section 5.1.1. from Zoning By-Laws | MOVED: That the Town vote to delete from Section 5.1.1, "Number of Spaces" of the Zoning By-Laws, paragraph "c)" and re-alphabetize the remaining paragraphs. | Article 13: Vote to Adopt the New Section 7.5 of the Zoning By-Law | MOVED: That under Article 13 the reading of the proposed amendment to the Zoning By-Law of the Town be dispensed with the same being set forth in full under Article 13 in the Warrant for this Meeting and having been distributed to each town Meeting Member.
MOVED: That the Town vote to amend the Zoning By-Law of the Town by adopting the new Section 7.5 entitled "Development Import Report" and renumbering the existing sections accordingly, all as set forth in full under Article 13 in the Warrant for this meeting. | Article 14: Vote to Discontinue the Building Setback Lines | MOVED: That the Town vote to discontinue the Building Setback Lines from certain parcels of land as identified on the Assessors' Maps (as revised through 1998) and identified by map and parcel numbers and street addresses as follows:
Map - Parcel Number Street Address
1 - 16 129-35 Belmont Street
1 - 15 1-3 Exeter Street
1 - 17 137-143 Belmont Street
1 - 40 161 Belmont Street
1 - 41 6-8 Oxford Avenue
1 - 62 171 Belmont Street
1 - 61 5 Marlboro Street
2 - 61 231-235 Belmont Street
5 - 102 63 Trapelo Road/2 Willow Street
5 - 103 6 Willow Street
5 - 124A 67 Trapelo Road
6 - 176 432-444 Common Street
12 - 130U1,2 131-133 Trapelo Road
12 - 213 130 Trapelo Road
14 - 225 234-240 Trapelo Road
14 - 226 244-248 Trapelo Road
14 - 227A 250-254 Trapelo Road
14 - 227 256 Trapelo Road
14 - 228, 231 268-278 Trapelo Road
14 - 235 280 Trapelo Road
14 - 236 290-292 Trapelo Road
14 - 1 243 Trapelo Road
14 - 40 263 Trapelo Road
21 - 122 70 Concord Avenue
21 - 72 82 Concord Avenue
44 - 137 344 Pleasant Street
44 - 136 358 Pleasant Street
44 - 135 368 Pleasant Street
45 - 43 330 Brighton Street
45 - 44 334 Pleasant Street
46 - 38 325-329 Pleasant Street
46 - 46 337 Pleasant Street
46 - 61 347 Pleasant Street
46 - 59 363 Pleasant Street | Article 15: Vote to Authorize the Board of Selectmen to Petition the General Court | MOVED: That under Article 15 the reading of the proposed new special law be dispensed with the same being set forth in full under Article 15 in the Warrant for this Meeting and having been distributed to each Town Meeting Member.
MOVED: That the Town vote to authorize and direct the Board of Selectmen to petition the General Court for the enactment of a special law in substantiating the form as set forth in full under Article 15 in the Warrant for this Meeting. |
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