Town of Stoneham, Massachusetts - Minutes for Special Town Meeting 10/25/1999

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Minutes for Special Town Meeting 10/25/1999

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WARRANT FOR SPECIAL TOWN MEETING

MONDAY, OCTOBER 25, 1999

To either of the Constables of the Town of Stoneham in the County of Middlesex,

Greeting:

In the name of the Commonwealth of Massachusetts, you are directed to notify and warn the inhabitants of the Town of Stoneham qualified to vote in elections and Town affairs to meet in the Town Hall, 35 Central Street, on

Monday, October 25, 1999

At 7:30 o’clock in the evening to act upon the following articles of this Warrant:

Agreeable to the warrant signed by the Selectmen on October 5, 1999 the inhabitants of the Town of Stoneham qualified to vote in elections and Town affairs met in the Town Hall on Monday October 25, 1999 at 7:37 PM.

Tellers were appointed to check names of the voters entering Town Hall and the checklist showed 151 voters attended the meeting.

The meeting was called to order by the Moderator, Michael Rotondi, at 7:37 PM.

Article 1. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to pay prior year medical bills, or do anything in relation thereto.

Board of Selectmen

Article 1. Voted that the Town transfer the sum $330 from Department #919 Unclassified – Operating to pay prior year medical bills.

UNANIMOUS

Article 2. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to amend Fiscal 00 department budgets pursuant under Article 7 of the May 1999 Annual Town Meeting, or do anything in relation thereto.

Board of Selectmen

Article 2. Voted that the Town amend the Fiscal 00 department budgets pursuant under Article 7 of the May 1999 Annual Town Meeting as printed in

the handout entitled “Exhibit A”.

Make the following adjustments:
#122 Board of Selectmen	Increase Personnel	$1,414
#123 Town Administrator	Increase Personnel	$6,824
#131 Finance Board	Increase Personnel	622
#132 Reserve Fund	Increase Operating	$30,000
#135 Town Accountant	Increase Personnel	$5.464
#141 Board of Assessors	Increase Personnel	$5,588
#145 Treasurer/Collector	Increase Personnel	$9,988
#151 Town Counsel	Increase Personnel	$2,678
#155 MIS/GIS	Increase Personnel	$1,755
#161 Town Clerk	Increase Personnel	$2,478
#172 Whip Hill	Increase Personnel	$4,904
#210 Police Department	Increase Personnel	$157,172
#210 Police Department	Increase Operating	$5,800
#211 Traffic Directors	Increase Personnel	$3,800
#212 Dispatchers	Increase Personnel	$11,683
#212 Dispatchers	Increase Personnel	$1,430
#220 Fire Rescue	Increase Personnel	$116,982
#220 Fire Rescue	Increase Personnel	$4,150
#291 Emergency Manage	Increase Personnel	$307
#300 Public Schools	Increase	$181,000
#400 Public Works	Increase Personnel	$40,364
#400 Public Works	Increase Operating	$23,020
#500 Community Services	Increase Personnel	$86,088
#500 Community Services	Increase Operating	$9,780
#610 Public Library	Increase Personnel	$21,186
#610 Public Library	Increase Operating	$740
#630 Unicorn Recreation	Increase Personnel	$15,379
#918 Capital Equipment	Increase Operating	$608,000
#182 Community Development	Decrease Personnel	$-6,501
#182 Community Development	Decrease Operating	$-9,780
#399 N.E. Voc. School	Decrease	$-5,063
#919 Unclassified	Decrease Personnel	$430,000
	Total	$907,252

Transfer from available funds		$104,432
Increase State Aid		$253,505
Transfer from Surplus Revenue		$548,292
Transfer from Article 12 of the May 7, 1998	$1,023
Special Town Meeting
		$907,252

#440 Sewer	Increase Personnel	$10,274
#440 Sewer	Increase Operating	$3,000
#440 Sewer	Decrease Intergov.	$-66,690
	Total	$-53,416

#450 Water	Increase Personnel	$9,961
#450 Water	Increase Operating	$4,250
#450 Water	Decrease Intergov.	$-11,000
		$3,211

Decrease Estimated Sewer Receipt by:	$53,416
Increase Estimated Water Receipts by:	$3,211

UNANIMOUS

Article 3. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the stabilization fund, or do anything in relation thereto.

Board of Selectmen

Article 3. Voted that the Town transfer from the overlay reserve the sum of $200,000 to the stabilization fund.

UNANIMOUS

Article 4. To see if the Town will vote to raise and appropriate, transfer from available funds or by borrowing a sum of money to purchase a fire truck, or do anything in relation thereto.

Board of Selectmen

Article 4. Voted that the Town appropriate the sum of $280,000 to purchase and equip a fire truck, and to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $280,000 under Chapter 44 of the General Laws; and that the Town Administrator is authorized to take any other actions necessary to carry out this vote.

UNANIMOUS

Article 5. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the construction, reconstruction or repair of sidewalks, or do anything in relation thereto.

Board of Selectmen

Article 5. Voted that the Town transfer the sum of $150,000 from surplus revenue for the construction, reconstruction or repair of sidewalks.

UNANIMOUS

Article 6. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the construction, reconstruction, repair and improvements to the walkways and grounds surrounding the Town Hall, or do anything in relation thereto.

Board of Selectmen

Article 6. Voted that the Town transfer the sum of $75,000 from surplus revenue for the construction, reconstruction, repair and improvements to the

walkways and grounds surrounding the Town Hall.

PASSES

Article 7. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to carry out the provisions or articles one, two and three of the January 13, 1997 Special Town Meeting with respect to the creation of public parking and related open space. Further to reduce the bonding authorization under said articles, and under article forty of the October 26, 1999 Special Town Meeting from $1,250,000 to $1,000,000 or do anything in relation thereto.

Board of Selectmen

Article 7. Voted that the Town transfer the sum of $325,000 from surplus revenue to article two of the January 13, 1997 Special Town Meeting, to carry out the provisions of articles one and two in accordance with the further authorization granted by article three, all of the January 13, 1997 Special Town Meeting, with respect to the creation of public parking and related open space. Further to reduce the bonding authorization under said articles, and under article forty of the October 26, 1998 Special Town Meeting from $1,250,000 to $1,000,000.

UNANIMOUS

Article 8. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $350,000 for design, demolition, construction, furnishing and all related costs of a Department of Public Works Garage and further to rescind the authorization to borrow the sum of $350,000 for said purpose(s) voted under article one of the May 6, 1999 Special Town Meeting, or do anything in relation thereto.

Board of Selectmen

Article 8. Voted that the Town transfer from surplus revenue the sum of $350,000 for design, demolition, construction, furnishing and all related costs of a Department of Public Works Garage and further to rescind the authorization to borrow the sum of $350,000 for said purpose(s) voted under article one of the May 6, 1999 Special Town Meeting.

UNANIMOUS

Article 9. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to fund the sick leave buy back provisions of the Stoneham Police Association and Superior Police Officers Association Collective bargaining agreement, or do anything in relation thereto.

Board of Selectmen

Article 9. Voted that the transfer a total of $250,000 to fund a portion of the sick leave buy back provisions of the Stoneham Police Association and Superior Police Officers Association Collective bargaining agreement and to authorize the Town Administrator to expend said sums in accordance the respective collective bargaining agreements. Said sum to be transferred as follows:

$ 122,656 – Surplus Revenue

$127,344 – Overlay Reserve

UNANIMOUS

Article 10. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to provide selective traffic enforcement, or do anything in relation thereto.

Board of Selectmen

Article 10. Voted that the Town transfer the sum of $15,000 from surplus revenue to provide selective traffic enforcement.

UNANIMOUS

Article 11. To see if the Town will vote to raise and appropriate, transfer from available funds or by borrowing a sum of money to cover litigation expenses, or do anything in relation thereto.

Board of Selectmen

Article 11. Voted that the Town transfer the sum of $15,000 from surplus revenue to cover litigation expenses

UNANIMOUS.

Article 12. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to purchase public shade trees, or do anything in relation thereto.

Board of Selectmen

Article 12. Voted that the Town transfer the sum of $20,000 from surplus revenue to purchase and plant public shade trees.

UNANIMOUS

Article 13. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to defray the cost of drainage improvements to the Town’s drainage system within the limits of Stoneham and further reduce the authorization to borrow funds for said purpose as voted under article sixteen (16) of the May 1999 Annual Town Meeting, or do anything in relation thereto.

Board of Selectmen

Article 13. Voted that the Town transfer the sum of $250,000 from the overlay reserve to defray the cost of drainage improvements to the Town’s drainage system within the limits of Stoneham and further reduce the authorization to borrow funds from $500,000 to $250,000 for said purpose as voted under article sixteen (16) of the May 1999 Annual Town Meeting.

Amendment – John DeGeorge

Move that the Town transfer from the Surplus Revenue Account the sum of $250,000 to defray the cost of making repairs and improvements to the Town’s drainage system within the limits of Stoneham in conjunction with completing the engineering study of the Town’s Surface Drainage System, and to further reduce the authorization to borrow funds for the intended said purposes as voted under Article sixteen (16) of the May 1999 Annual Town Meeting from $500,000 to $250,000

Amendment – John DeGeorge

Move that the Town transfer from the Overlay Reserve Account the sum of $250,000 to defray the cost of making repairs and improvements to the Town’s drainage system within the limits of Stoneham in conjunction with completing the engineering study of the Town’s Surface Drainage System, and to further reduce the authorization to borrow funds for the intended said purposes as voted under Article sixteen (16) of the May 1999 Annual Town Meeting from $500,000 to $250,000

Question moved

Unanimous

Voted on Amendment to the Amendment

YES NO

Amendment to the Amendment PASSES

Voted on Amendment

Amendment – Fails

Voted Main motion

Motion PASSES

Article 14. To see if the Town will vote to transfer from available funds a sum of money for a celebration of the Millennium, or do anything in relation thereto.

Board of Selectmen

Article 14. Voted that the Town transfer the sum of $25,000 from surplus revenue for a celebration of the Millennium.

Amendment – John DeGeorge

A After the word “Millennium” add, “to be held within the limits of the Town and all expenditures for said purposes shall be authorized by the Town Administrator”.

Amendment fails

Voted Main Motion

Motion Passes

Article 15. To see if the Town will vote to authorize the board of Selectmen to acquire by purchase approximately 4.3 acres of land located at the jnortheast corner of Broadway Street and MacArthur Road and listed on the Town of Stoneham Assessor’s map as parcels 63 and 64 (formerly 64 and 65). The owner of this land is the Roman Catholic Archbishop of Boston, Corporation Sole. Lot 63 being the same land as described as Parcel 1 in a deed from the Town of Stoneham to the Roman Catholic Archbishop of Boston, Corporation Sole, recorded at the Middlesex South District Registry of Deeds in Book, 7560, Page 165. The owner of the above referenced land although supposed to be correct, is based upon opinion and belief. And further to raise and appropriate, transfer from available funds or by borrowing a sum of money to acquire said land. Said land as shown on a plan on file at the office of the Town Clerk, or do anything in relation thereto.

Board of Selectmen

Article 15. Voted that the subject matter of article #15 be indefinitely postponed.

Indefinitely Postponed

Article 16. To see if the Town to authorize the Board of Selectmen to accept as a gift, land form the Roman Catholic Archbishop of Boston located near the corner of MacArthur Road and Elm Street and land adjacent to the Town owned land next to the Senior Center at 136 Elm Street. Said land as shown on a plan on file at the office of the Town Clerk, or do anything in relation thereto.

Board of Selectmen

Presenter – waive reading of entire article – No change in substance of article.

Article 16. Voted that the Town authorize the Board of Selectmen to accept as a gift the following parcels of land:

LOT A – A parcel of land belonging, now or formerly, to Roman Catholic Archbishop of Boston, a Corporation Sole.

Beginning at a point on the southerly side of Broadway at the intersection of land of the Town of Stoneham and Roman Catholic Archbishop of Boston; thence running

South 06º – 57'- 10" West 1031.16 feet; thence

North 83º – 11'- 20"West 90.00 feet; thence

North 06º – 57' - 10"East 494.89 feet; thence

North 65º – 59' – 33"East 51.37 feet; thence

North 11º – 32' – 44"East 200.00 feet; thence

North 78º – 27'– 16" West 45.00 feet; thence

North 11º – 32'– 44" East 310.00 feet; thence

South 80º – 51'– 50" East 50.00 feet; to the point of beginning.

Containing 73,305 square feet of land; more or less.

LOT B – A parcel of land belonging, now or formerly, to Roman Catholic Archbishop of Boston, a Corporation Sole.

Beginning at point on the easterly line of MacArthur Road 64.62 feet~ north of Elm Street; thence running

North 12º - 06' - 20"West 236.57 feet; thence

North 11º - 11' - 22"East 356.87 feet; thence

South 78º - 48' - 40"East 30.00 feet; thence

South 03º - 38' - 08"East 167.08 feet; thence

South 35º - 55' - 21"East 45.95 feet; thence

South 79º - 10' - 55"East 50.00 feet; thence

South 11º - 04' - 51"East 78.75 feet; thence

South 02º - 30' - 01"East 101.00 feet; thence

South 02º - 04' - 04"West 99.00 feet’ thence

South 39º - 38' - 41"West 83.00 feet; thence

South 77º - 53' - 00"West 101.00 feet; to the point of beginning

Containing 74,771 square feet of land, more or less.

These descriptions are intended to conform to a plan entitled “Plan of Land in Stoneham, Mass. By Hayes Engineering Inc., dated October 25, 1999.”

The owner of the above described parcels of land, as recited above, although suppose to be correct, is based only upon opinion and belief.

And further the Board of Selectmen and Town Administrator are authorized to take any action required to carry out this vote.

UNANIMOUS

Article 17. To see if the Town will vote to amend the Stoneham Town Code by deleting Section 2-37.2 Unicorn Recreational Area Committee and rescinding, by any means legally required, the vote of the Town Meeting of December 1, 1969 to accept the Acts of 1969 Chapter 391 (G.L. c.40, sec. 8E) an act authorizing the establishment of a Youth Commission. Further to establish in their place, effective in May, 2000, an Open Space and Recreation Advisory Committee to be appointed by the Board of Selectmen. The specifics of membership to be established in the motion for this Article, to include up to fifteen (15) members of the existing Unicorn Committee and Youth Commission, and thereafter the maximum membership to be reduced to no greater than eleven (11) members. The Committees responsibilities, to be further specified in the motion for this Article, shall include advising the Board of Selectmen on the open space and recreation needs of the Town, including but not limited to the Unicorn Golf Course(s), and Arena, all the playgrounds and recreational areas, updating and implementing the open space plan, and developing assisting in the operation of recreational programs and activities for residents of the Town, or do anything in relation thereto.

Board of Selectmen

Article 17. Voted that the subject matter of article #17 be indefinitely postponed.

Indefinitely Postponed

Chapter 18. To see if the Town will vote to appropriate the sum of money to be received by the Town from the State Highway Funds Account Chapter 53 of the Acts of 1999, as provided by the Commonwealth of Massachusetts for the purpose of continuing the permanent construction program on Public Ways within the Town or other eligible municipal projects and authorize the Town Administrator to make such expenditures, or do anything in relation thereto.

Board of Selectmen

Article 18. Voted that the Town appropriate the sum, not to exceed, $135,566.46 which is to be received by the Town from the State Highway Funds Account Chapter 53 of the Acts of 1999, as provided by the Commonwealth of Massachusetts for the purpose of continuing the permanent construction program on Public Ways within the Town or other eligible municipal projects and authorize the Town Administrator to make such expenditures.

UNANIMOUS

Chapter 19. To see if the Town will vote to authorize the Board of Selectmen to accept easements for access, drainage and construction purposes form Bear Hill Golf Course and Buckingham Terrace Condominiums, their successors or assign, or do anything in relation thereto.

Board of Selectmen

Article 19. Voted that the Town Authorize the Board of Selectmen to accept easements for access, drainage and construction purposes from Bear Hill Golf Course and Buckingham Terrace Condominiums, their successors or assign.

UNANIMOUS

Chapter 20. To see if the Town will vote to acept as Public Ways the following ways as laid out by the Town Administrator.

Arthur Street from Graystone Road southerly to dead-end 216 feet, more or less.

Fellsview Road from Lynn Fells Parkway southeasterly 250 feet, more or less, to the previous acceptance.

Kimball Drive form Oak Street easterly 693 feet, more or less, to cul-de-sac.

Vera Lane form Washington Street easterly 428 feet, more or less, to cul-de-sac.

And authorize the Board of Selectmen or Town Administrator to obtain by purchase, accept as a gift, take by right of eminent domain under provisions of Chapter 79 or 80A of the General Laws, or otherwise acquire any land or interest in land necessary or proper for the acceptance of such ways, and to raise and appropriate or transfer from available funds a sum of money for plans, recording fees, legal expense in connection with acceptance of said ways, or do anything in relation thereto.

Board of Selectmen

Arthur Street residents did not want Arthur Street to be a public way – Taken out

Article 20. Voted that the Town accept as Public Ways the following ways as laid out by the Town Administrator.

Fellsview Road from Lynn Fells Parkway southeasterly 250 feet, more or less, to the previous acceptance.

Kimball Drive from Oak Street easterly 693 feet, more or less, to cul-de-sac.

Vera Lane from Washington Street easterly 428 feet, more or less, to cul-de-sac.

And authorize the Town Administrator to obtain by purchase, accept as a gift, take by right of eminent domain under provisions of Chapter 79 or 80A of the General Laws or otherwise acquire any land or interest in land necessary or proper for the acceptance of such ways.

UNANIMOUS

Article 21. To see if the Town will vote to raise and appropriate or transfer from available funds or by borrowing, a sum of money for the purpose of constructing a sanitary sewer main on a portion of Vernon Avenue, with betterments to be assessed, or do anything in relation thereto.

Board of Selectmen

Article 21. Voted that the Town transfer from Article #15 of the May 1999 Annual Town Meeting the sum of $15,500 for the purpose of constructing a sanitary sewer main on a portion of Vernon Avenue, with betterments to be assessed.

UNANIMOUS

Article 22. To see if the Town will vote to authorize the Town to enter into an intermunicipal agreement pursuant to Chapter 40, Section, 4A of the General Laws to provide for regional services, including, but not limited, purchasing, personal administrative support, facilitate solutions to common municipal issues, or do anything in relation thereto.

Board of Selectmen

Article 22. Voted that the Town authorize the Town to enter into an intermunicipal agreement pursuant to Chapter 40, Section, 4A of the General Laws to provide for regional services, including , but not limited to, purchasing, personal administrative support, facilitate solutions to common municipal issues, and authorize the Town Administrator to take any action deemed necessary to carry out this vote.

UNANIMOUS

Article 23. To see if the Town will vote to amend the Town Code Section 2-9 as follows: “the Moderator may take all votes requiring a two-thirds majority in the same manner in which the moderator conducts the taking of a vote when a majority is required, or do anything in relation thereto.

Board of Selectmen

Article 23. Voted that the Town amend the Town Code Section 2-9 by adding at the end of that section the following: “The moderator may take all votes requiring a two-thirds majority in the same manner in which the moderator conducts the taking of a vote when a majority is required”.

UNANIMOUS

Approved – AG – November 22, 1999

Article 24. To see if the Town will vote to amend the Stoneham Town

Code, Chapter 15, Zoning Bylaw section 4.11.3 by deleting it in its entirety and substituting the following:

4.11.3 Uses Permitted:

The following Wireless Service Facilities may be constructed, erected, installed and/or used in the Wireless Service Facilities Overlay District subject to the issuance of a building permit by the Inspector of Buildings:

a. A Wireless Service facility may be installed on: (i) a building, excluding

buildings used for one to four family residential use or (ii) other structure, excluding any structure constructed or used primarily as a mount for antennas or other appurtenances to a Wireless Service Facility and excluding utility or similar poles and billboards or signs, provided that such Wireless Service Facility, including its supports, is:

1. Finished in a manner designed to be aesthetically consistent with the exterior finish of such building or structure, and

2. Mounted in such a manner so that it does not:

(a) Extend above the building height (not including any structures

on the roof of the building) by more than fifteen (15') feet.

(b) Extend above the height of a structure other than a building by

more than 15 feet;

of structures that do not have walls, by more than 18 inches;

(d) Extend below the top of any wall, or exterior surface in case of

structures that do not have walls, by more than 12 feet;

When a Wireless Service Facility extends above the height of a building or the face of a structure as provided in subparagraphs (a) and (b), above, the Wireless Service Facility shall extend the minimum necessary for the proper functioning of the Wireless Communication Services to be provided by the Wireless Service Facility at that location, and every effort shall be made to conceal the Wireless Service Facility within or behind existing architectural features to limit its visibility from public ways. A Wireless Service Facility mounted on a roof shall be stepped back from the front facade in order to limit its impact on the building's silhouette; and

3. Individually or in the aggregate have a front surface facing surrounding streets and adjacent properties that does not exceed fifty (50) square feet in area.

b. A Wireless Service Facility installed wholly within and not protruding from the

interior space of any existing building or structure, excluding buildings used for one to four family residential use.

c. A Wireless Service Facility used exclusively for non-commercial municipal

public safety purposes.

Wireless Service Facilities constructed, erected, installed, placed and used pursuant to this as-right provision shall, unless otherwise provided, also be subject to the following Sections of this bylaw: 6.11.3.4 Color, 6.11.3.8 Lighting, 6.11.3.10 Historic, 6.11.4 Environmental Standards, 6.11.5 Safety Standards, 6.11.6.6 Noise Filing Requirements, 6.11.6.7 Radio Frequency Radiation Requirements, 6.11.8 Monitoring and Maintenance, and 6.11.10 Abandonment or Discontinuance of Use.

Planning Board

Presenter - Waive reading of entire article – No change in substance of article.

Article 24. Voted that the Town amend the Stoneham Town

Code, Chapter 15, Zoning Bylaw section 4.11.3 by deleting it in its entirety and substituting the following:

4.11.4 Uses Permitted:

a. A Wireless Service facility may be installed on: (i) a building, excluding

1. Finished in a manner designed to be aesthetically consistent with the exterior finish of such building or structure, and

2. Mounted in such a manner so that it does not:

(a) Extend above the building height (not including any structures

on the roof of the building) by more than fifteen (15') feet.

(b) Extend above the height of a structure other than a building by

more than 15 feet;

of structures that do not have walls, by more than 18 inches;

(d) Extend below the top of any wall, or exterior surface in case of

structures that do not have walls, by more than 12 feet;

3. Individually or in the aggregate have a front surface facing surrounding streets and adjacent properties that does not exceed fifty (50) square feet in area.

b. A Wireless Service Facility installed wholly within and not protruding from the

interior space of any existing building or structure, excluding buildings used for one to four family residential use.

c. A Wireless Service Facility used exclusively for non-commercial municipal

public safety purposes.

UNANIMOUS

Approved by the Attorney General – January 10, 2000

Article 25. To see if the Town will vote to amend the Stoneham Town

Code, Chapter 15, Zoning Bylaw section 6.11 Wireless Service Facility Requirements and Restrictions by deleting 6.11.1 in its entirety and substituting the following:

6.11.1 General Applicability and Purpose

6.11.1.1 The same general applicability and purpose as stated in Sections 4.11.1 and 4.11.2 apply.

6.11.1.2 Special Permits

In the districts where Wireless Service Facilities are allowed by Special Permit, the Planning Board may issue a Special Permit under Section 7.4 of this bylaw, and the Special Permit Granting Authority Rules and Regulations which shall apply except to the extent a submission requirement is superseded herein, for:

a. A Wireless Service Facility (including its supports) of the type allowed in Section 4.11.3, installed on a building or structure, if such Wireless Service Facility exceeds any one or more of the dimensional requirements of Section 4.11.3 (a)(2) or (a)(3); or

b. A monopole in accordance with provisions of this bylaw below;

Provided that the Planning Board finds:

1. That the requested installation is essential to the proper functioning of the telecommunications services to be provided by the Wireless Service Facility at that location and that an alternative installation meeting the by-right limitations of Section 4.11.3 is not feasible; and

2. That the requested installation will not materially adversely affect adjacent properties; and

3. That there are no existing, approved or proposed Wireless Service Facilities which are reasonably available to accommodate the Wireless Service Facility equipment proposed in order to provide the proposed Wireless Communications Services; and

4. That the overall height of a proposed monopole does not exceed the height permitted in the underlying zoning district, unless the applicant demonstrates that a greater height, but in no event higher than fifteen feet (15’) above the height permitted in the underlying zoning district or higher than ten feet (10’) above the tallest building, average tree canopy height (measured from ground level) or topographical feature of the land within five hundred feet (500’) of the Wireless Service Facility, is essential to the proper functioning of the Wireless Communication Services to be provided by the Wireless Service Facility at that location and that an alternative installation meeting the height restrictions and the requirements of this bylaw can not be met. The height and size, including any appurtenant equipment and devices, shall be the minimum height and size essential to the proper functioning of the Wireless Communication Services to be provided by the Wireless Service Facility at that location; and

5. That with respect to a monopole, the applicant has agreed to permit other Wireless Communications Service providers to co-locate on the monopole if technologically practical at commercially reasonable rates.

Planning Board

Article 25. Voted that the Town amend the Stoneham Town

Code, Chapter 15, Zoning Bylaw section 6.11 Wireless Service Facility Requirements and Restrictions by deleting 6.11.1 in its entirety and substituting the following:

6.11.1 General Applicability and Purpose

6.11.1.1 The same general applicability and purpose as stated in Sections 4.11.1 and 4.11.2 apply.

6.11.1.2 Special Permits

b. A monopole in accordance with provisions of this bylaw below;

Provided that the Planning Board finds:

2. That the requested installation will not materially adversely affect adjacent properties; and

UNANIMOUS

Approved by the Attorney General – January 10, 2000

Article 26. To see if the Town will vote to amend the Zoning Map of

the Town of Stoneham in the following manner:

Delete municipal buildings from the Wireless Service Facilities Overlay District.

Add Commercial II and III in Wireless Service Facility Overlay District.

Planning Board

Article 26. Voted that the Town amend the Zoning Map of the Town of Stoneham in the following manner:

Delete municipal buildings from the Wireless Service Facilities Overlay District.

Add Commercial II and III in Wireless Service Facility Overlay District.

UNANIMOUS

Approved by the Attorney General – January 10, 2000

Article 27. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw by deleting Section 6.3 Off-Street Parking Requirements and Section 6.4 Off-Street Loading in their entirety and substituting the following:

6.3 OFF-STREET PARKING REQUIREMENTS:

6.3.1 Objectives and Applicability:

6.3.1.1 Objectives: The objectives of this section of the bylaw are as follows:

a. Promote traffic safety by assuring adequate places for storing of motor vehicles off the street and for their orderly access and egress to and from the public street;

b. Increase the traffic-carrying capacity of streets and highways in the town and obtain a more efficient utilization of on-street curbside parking;

c. Reduce hazards and nuisances to pedestrians on public sidewalks and ways.

6.3.1.2 Applicability: No building permit or certificate of occupancy shall be issued for the construction of a new building, the enlargement of an existing building, the development of a use not located in a building, the redevelopment of an existing building or the change from one type of use to another, unless off-street parking is provided and detailed on a plot plan in accordance with this section of the bylaw.

6.3.2 Location of Parking Facilities:

6.3.2.1 Parking shall be on the same lot as the principal use and in non-residential districts, meet all setback requirements for the district as described in Section 5.2.1, with the following exceptions for off-site parking:

Central Business District:

1. A Special Permit by the Planning Board subject to the provisions of Section 6.3.8 and Site Plan Approval by the Board of Selectmen when required.

2. The Planning Board by Special Permit may allow for the substitution of space within municipal parking lots in lieu of the parking requirements of this section, provided they are located within 1600 feet of the building which is intended to be served.

3. There will be no off-street parking requirement for any existing structure in the Central Business District, provided that any alteration, rehabilitation or addition to any existing structure does not increase the requirements as outlined in Section 6.3.3.

6.3.2.2 Location on Site: Such parking facilities may be provided within a structure, above or below ground, or outside at grade level.

6.3.3 Minimum Number of Spaces by Use:

Use Requirement

	1. Residential a) Single or two Family b) Greater than two family c) Congregate living d) Assisted living, long-term care	a) 2 per dwelling unit b) 2.5 per dwelling unit c) .75/ bedroom d) .4/ living unit
	2. Institutional/ Public assembly a) Elementary b) Secondary, college, tech school c) Day care, pre-school d) Church, temple, club, lodge, comm. Center, any place of public assembly	a) 2 per each classroom plus 30% for visitors, staff b) 1 for 8 seats c) 1/10 children plus 1 per each employee d) 1 per 4 seats according to maximum occupancy
	3. Commercial/ Business a) Medical/ dental office b) Business, professional, administrative office c) Retail/ personal service establishment	a) 1 per every 200 square feet of gross floor area b) 1 per every 300 square feet of gross floor area c) 1 per every 300 square feet of gross floor area
	4. Food Service Establishments a) Restaurants/ diners	a) 1 per 3 seats
	5. Hospitals	1 per 400 square feet of gross floor area
	6. Hotels	1 for every rental room plus 1 per 3 people at maximum occupancy of assembly room, plus 33%
	7. Warehouse, storage, wholesale, or similar use	1 per 750 square feet of gross floor area
	8. Any other commercial or business use not listed	1 per 300 square feet of gross floor area

6.3.3.1 Round up for decimal .5 or greater.

6.3.4 Facility Design Standards

6.3.4.1 Parking Spaces:

6.3.4.1.1 Parking spaces shall each be a minimum of nine (9) feet by eighteen (18) feet or (9) nine feet by (22) twenty-two feet in length for parallel parking exclusive of drives, walks, and maneuvering space.

6.3.4.1.2 Parking spaces for vehicles such as commercial trucks, buses or other vehicles that exceed 7 ½ by 18 feet in size must be specifically identified upon a plan and be of such dimensions as to accommodate the specified type of vehicle. Such vehicles shall be permitted to park only in the stalls so identified and approved.

6.3.4.2 Layout:

(1) Access to and egress from all parking areas shall be only via driveways which meet the design standards of Section 6.3.6;

(2) All portions of all parking spaces, loading areas and maneuvering aisles shall be set back a minimum of five (5) feet from any street or way and meet the setback requirement for the district. Curbs, wheel stops, screening or similar barriers shall be installed along the setback line for parking and loading to prevent vehicles from being parked or driven within required setback areas or required landscaped areas;

(3) Aisle Widths-Each off-street parking space shall have direct access to an aisle or driveway having a minimum width of 24 feet in the case of two-way traffic or the following widths in the case of one-way traffic only.

Angle of Parking Minimum Aisle Width

Parallel 12 feet

30 degrees 11 feet

45 degrees 13 feet

60 degrees 18 feet

90 degrees 20 feet

(4) Each required off-street parking space shall be designed so that any motor vehicle may proceed to and from said parking space without requiring the moving of any other vehicle or the passing over of any other parking space;

(5) Each parking area shall be designed to provide a circulation system within the lot so that all vehicles may exit from and enter into the adjacent street or way by being driven in a forward direction and no vehicle shall be required to enter or leave by backing;

(6) All required parking areas shall be paved and parking spaces marked to provide delineation between parking stalls and aisles. Such markings shall be maintained so as to be plainly visible with color and markings according to acceptable industry standards as per the Town Engineer.

(7) Handicapped parking: Specially designated parking spaces for the physically handicapped shall be provided, as described in Code of Massachusetts Regulations, 521 CMR Rules and Regulations of the Architectural Access Board or any successor state law or regulations governing architectural access. Spaces for the handicapped shall be clearly identified by a sign indicating those spaces are reserved for physically handicapped persons. Such spaces shall be located in that portion of the parking lot nearest to the entrances to the use or structure which the parking lot serves. Van accessible stalls are required in accordance with the 521 CMR Rules and Regulations of the Architectural Access Board.

(8) Surfacing and Drainage: Such parking facilities shall be suitably graded, surfaced and drained so as to dispose of all surface water without detriment to surrounding uses.

(9) Maintenance of parking facility: Lots shall be kept clean and free from rubbish and debris.

(10) Snow Storage: The layout of the parking area shall allow sufficient space for the storage of plowed snow so as not to diminish the capacity to meet the minimum parking requirements.

6.3.5 LIGHTING AND SCREENING:

6.3.5.1 All illumination on parking lots must be shielded so as not to shine upon abutting properties.

6.3.5.2 Properties other than the use served by the parking lot, which abut the parking lot shall be protected from headlight glare by either:

(a) A strip at least four (4) feet wide, densely planted with shrubs or trees which are no more than four (4) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen, or

(b) A wall, barrier or fence of uniform appearance at least five (5) feet high but not more than six (6) feet above finished grade. Such wall, barrier or fence may be opaque or perforated, provided that not more than fifty percent (50%) of the face is open.

6.3.5.2.1 Such screening shall be maintained in good condition at all times. Such screening or barrier may be interrupted by normal entrances and exits.

6.3.6 DRIVEWAY ACCESS PERMITS:

(a) Prior to issuance of a building permit, a driveway/access permit must be obtained from the Public Works Department for all new or relocated driveways or parking lots except those which are governed by other state or federal statute. (10-21-85, Art. 15; 5-4-92)

(b) No such driveway or access shall exceed a grade slope in excess of thirteen percent (13%).

(c) Driveway/access slopes shall be calculated from the street layout line (back edge of sidewalk to the termination of the driveway or the garage floor. For purposes of calculating the slope in (b) in areas where curbing and/or sidewalks have yet to be installed, the elevation at the back edge of the sidewalk shall be assumed to be ten (10) inches above the existing or proposed gutter grade. (10-25-90)

(d) In all districts the number of driveways permitting entrance to and exit from a lot shall be limited to two per street line. Driveways shall be located so as to minimize conflict with traffic on public streets and where good visibility and sight distances are available to observe approaching pedestrian and vehicular traffic.

(e) No private way or driveway which serves a non-residential use in a non-residential district shall be built through a residential district.

6.3.7 OFF-STREET LOADING:

6.3.7.1 Applicability:

6.3.7.1.1 The provisions of this Section shall apply to any building or structure, or addition thereto, to be utilized for any use within any zone except those allowed in Residence A, Residence B and Open Space Districts, containing more than five thousand (5,000) gross square feet.

6.3.7.2 Number of Off-Street Loading Areas Required:

6.3.7.2.1 There shall be one (1) off-street loading area for each twenty five (25,000) square feet, or portion thereof, of gross floor area.

6.3.7.3 Design:

6.3.7.3.1 Each off-street loading area shall be not less than ten (10) feet in width, thirty-five (35) feet in length, and twelve (12) feet in height, exclusive of driveways.

6.3.7.3.2 Off-street loading areas shall be located entirely on the lot to be served, and shall be designed with appropriate means of vehicular access to a street or alley.

6.3.7.3.3 Off street loading areas shall be suitably graded, surfaced and drained so as to

dispose of all surface water without detriment to surrounding uses.

6.3.8 SPECIAL PERMITS FOR PARKING

6.3.8.1 Special permit for a change in parking space requirements: The number of off-street parking spaces required by Section 6.3.3, of this bylaw for a use or uses in the Central Business District may be changed by special permit in accordance with the following provisions:

(1) Special permit criteria: The Planning Board, by special permit, may allow remote parking lots, or shared parking lots which it deems reasonable, based on the following criteria, and other applicable provisions presented in this subsection:

(a) The capacity, location and current level of use of existing parking facilities, both public and private;

(b) The efficient and maximum use in terms of parking needs and services provided;

(d) The safety of pedestrians;

(e) The provision of reasonable access either by walking distance or shuttle vehicle arrangements;

(f) The maintenance of the character of the area.

(2) The following are allowed by Special Permit:

A. The substitution of parking spaces within municipal parking lots in lieu of or in reduction to the parking requirements of this section, provided they are located within 1600 feet of the building which is intended to be served.

B. A reduction in parking space requirements: The number of off-street parking spaces required by Section 6.3.3 of this bylaw for a use or uses in the non-residential districts may be reduced by special permit in accordance with the following provisions:

(1) Shared parking: Shared private parking facilities for different buildings or uses may be allowed by Special Permit, subject to the following provisions:

(a) Up to fifty percent (50%) of the parking spaces serving a building may be used jointly for other uses not normally open, used or operated during similar hours. The applicant must show that the peak parking demand and principal operating hours for each use are suitable for a common parking facility.

(b) A written agreement defining the joint use acceptable to the Planning Board of the common parking facility shall be executed by all parties concerned and approved by the Planning Board as part of the special permit process. Such agreement shall be recorded at the Middlesex Registry of Deeds.

(c) Any subsequent change in land uses for which the shared parking proposal was approved, and which results in the need for additional parking spaces, shall require a new special permit application under this subsection.

(2) Remote parking: Remote (satellite) parking areas may be authorized by the Planning Board by special permit, subject to the following provisions:

(a) The satellite parking spaces will be used solely by the employees and, where practicable, clientele of the commercial use;

(b) The off-site parking spaces shall be located to adequately serve the proposed use and shall be within six hundred (600) feet of the building served for clientele of the commercial use. Off-site parking for employees of the business may be located within a distance of one thousand two hundred (1,200) feet, unless shuttle vehicle arrangements are provided as a condition of the special permit. The parking distance shall be measured by the shortest route of pedestrian access, entrance to entrance.

(3) Pedestrian access: Any proposals submitted, which, in the opinion of the Planning Board, provide direct and vital pedestrian access to other abutting commercial properties and serve to improve pedestrian accessibility may reduce the number of parking spaces required by fifteen percent (15%). Pedestrian access shall be provided enough improved pathways, stairway access or other physical improvements, and such access shall be clearly marked.

Planning Board

Article 27. Voted that the Town amend the Stoneham Town Code, Chapter 15, Zoning Bylaw by deleting Section 6.3 Off-Street Parking Requirements and Section 6.4 Off-Street Loading in their entirety and substituting the following:

6.3 OFF-STREET PARKING REQUIREMENTS:

6.3.1 Objectives and Applicability:

6.3.1.1 Objectives: The objectives of this section of the bylaw are as follows:

a. Promote traffic safety by assuring adequate places for storing of motor vehicles off the street and for their orderly access and egress to and from the public street;

b. Increase the traffic-carrying capacity of streets and highways in the town and obtain a more efficient utilization of on-street curbside parking;

c. Reduce hazards and nuisances to pedestrians on public sidewalks and ways.

6.3.2 Location of Parking Facilities:

6.3.2.1 Parking shall be on the same lot as the principal use,with the following exceptions for off-site parking:

Central Business District:

1. A Special Permit by the Planning Board subject to the provisions of Section 6.3.8 and Site Plan Approval by the Board of Selectmen when required.

2. There will be no off-street parking requirement for any existing structure in the Central Business District, provided that any alteration, rehabilitation or addition to any existing structure does not increase the requirements as outlined in Section 6.3.3.

6.3.2.2 Location on Site: Such parking facilities may be provided within a structure, above or below ground, or outside at grade level.

6.3.3 Minimum Number of Spaces by Use:

Use Requirement

	1. Residential a) Single or two Family b) Greater than two family c) Congregate living d) Assisted living, long-term care	a) 2 per dwelling unit b) 2.1 per dwelling unit, any space requirement in access of 2.0 per dwelling unit shall not be assigned, conveyed or transferred and shall be clearly marked for visitor or guest parking c) .75/ bedroom d) .4/ living unit
	2. Institutional/ Public assembly a) Elementary, day care, pre-school b) Secondary, college, tech school c) Day care, pre-school d) Church, temple, club, lodge, comm. Center, any place of public assembly	a) 2 per each classroom plus 30% for visitors, staff b) 1 for 8 seats c) 1 per 4 seats according to maximum occupancy
	3. Commercial/ Business a) Medical/ dental office b) Business, professional, administrative office c) Retail/ personal service establishment	a) 1 per every 200 square feet of gross floor area b) 1 per every 350 square feet of gross floor area c) 1 per every 350 square feet of gross floor area
	4. Food Service Establishments a) Restaurants/ diners	a) 1 per 3 seats
	5. Hospitals	1 per 400 square feet of gross floor area
	6. Hotels	1 for every rental room plus 1 per 3 people at maximum occupancy of assembly room, plus 33%
	7. Warehouse, storage, wholesale, or similar use	1 per 750 square feet of gross floor area
	8. Any other commercial or business use not listed	1 per 300 square feet of gross floor area

6.3.3.1 Any parking calculations or .5 or greater shall be rounded up to the next whole space.

6.3.3.2 Parking for any unspecified use requiring a Special Permit under this bylaw shall be determined by the Planning Board.

6.3.4 Facility Design Standards

6.3.4.1 Parking Spaces:

6.3.4.2 Layout:

(1) Access to and egress from all parking areas shall be only via driveways which meet the design standards of Section 6.3.6;

(2) Except for Residence A and B, all portions of all parking spaces, loading areas and maneuvering aisles shall be set back a minimum of (5) feet from any street or way and meet the side and rear setback requirements for the district. Curbs, wheel stops, screening or similar barriers shall be installed along the setback line for parking and loading to prevent vehicles from being parked or driven within required setback areas or required landscaped areas;

Angle of Parking Minimum Aisle Width

Parallel 12 feet

30 degrees 11 feet

45 degrees 13 feet

60 degrees 18 feet

90 degrees 20 feet

(8) Surfacing and Drainage: Such parking facilities shall be suitably graded, surfaced and drained so as to dispose of all surface water without detriment to surrounding uses.

(9) Maintenance of parking facility: Lots shall be kept clean and free from rubbish and debris.

(10) Snow Storage: The layout of the parking area shall allow sufficient space for the storage of plowed snow so as not to diminish the capacity to meet the minimum parking requirements.

6.3.5 LIGHTING AND SCREENING:

6.3.5.1 All illumination on parking lots must be shielded so as not to shine upon abutting properties.

6.3.5.2 Properties other than the use served by the parking lot, which abut the parking lot shall be protected from headlight glare by either:

6.3.5.2.1 Such screening shall be maintained in good condition at all times. Such screening or barrier may be interrupted by normal entrances and exits.

6.3.6 DRIVEWAY ACCESS PERMITS:

(b) No such driveway or access shall exceed a grade slope in excess of thirteen percent (13%).

(e) No private way or driveway which serves a non-residential use in a non-residential district shall be built through a residential district.

6.3.7 OFF-STREET LOADING:

6.3.7.1 Applicability:

6.3.7.2 Number of Off-Street Loading Areas Required:

6.3.7.2.1 There shall be one (1) off-street loading area for each twenty five (25,000) square feet, or portion thereof, of gross floor area.

6.3.7.3 Design:

6.3.7.3.1 Each off-street loading area shall be not less than ten (10) feet in width, thirty-five (35) feet in length, and twelve (12) feet in height, exclusive of driveways.

6.3.7.3.2 Off-street loading areas shall be located entirely on the lot to be served, and shall be designed with appropriate means of vehicular access to a street or alley.

6.3.7.3.3 Off street loading areas shall be suitably graded, surfaced and drained so as to dispose of all surface water without detriment to surrounding uses.

6.3.8 SPECIAL PERMITS FOR PARKING

(a) The capacity, location and current level of use of existing parking facilities, both public and private;

(b) The efficient and maximum use in terms of parking needs and services provided;

(d) The safety of pedestrians;

(e) The provision of reasonable access either by walking distance or shuttle vehicle arrangements;

(f) The maintenance of the character of the area.

(2) The following are allowed by Special Permit:

(1) Shared parking: Shared private parking facilities for different buildings or uses may be allowed by Special Permit, subject to the following provisions:

(2) Remote parking: Remote (satellite) parking areas may be authorized by the Planning Board by special permit, subject to the following provisions:

(a) The satellite parking spaces will be used solely by the employees and, where practicable, clientele of the commercial use;

YES NO

64 4

MOTION PASSES

Approved by the Attorney General – January 10, 2000

Article 28. To see if the Town of Stoneham will vote to amend the Zoning Map of the Town of Stoneham by adding to the Commercial District I, the following parcel of land, more particularly described as follows:

Beginning at a point on the southerly boundary of a parcel of land owned now or formerly by the Boston and Maine Railroad and the northeasterly most point of a parcel of land owned now or formerly by the Commonwealth of Massachusetts and located in the Town of Stoneham, Middlesex County, Massachusetts;

Thence running southeasterly forty and twenty nine one-hundredths (40.29) feet;

Thence running northeasterly sixteen and fifty one-hundredths (16.50) feet;

Thence running southeasterly eighty four and sixty eight one-hundredths (84.68) feet;

Thence running southeasterly five hundred ninety four and fifty seven one-hundredths (594.57) feet;

Thence running northeasterly one hundred sixty five and ten one-hundredths (165.10) feet;

Thence running southeasterly one hundred fifty one and thirteen one-hundredths (151.13) feet;

Thence running southwesterly four hundred fourteen and forty two one-hundredths (414.42) feet;

Thence running northwesterly four hundred ninety and two one-hundredths (490.02) feet;

Thence running northwesterly three hundred twenty seven and ninety three one-hundredths (327.93) feet to the point of beginning.

Said land to be rezoned contains 190,300 square feet more or less.

Said land to be rezoned contains an area that is located within approximately two hundred (200) feet of the parcel of land now or formerly owned by the Boston and Maine Railroad and that is currently zoned as part of the Commercial District I.

Said land to be rezoned is further shown on a plan of land entitled, “Rezoning Plan of Land, Stoneham, Massachusetts”, Scale: 1” = 40’, dated September 24, 1999.

Or to act in any other matter in relation thereto.

Robert Sweeney et al

6 Pleasant Street

Article 28. Voted that the Town amend the Zoning Map of the Town of Stoneham by adding to the Commercial District I, the following parcel of land, more particularly described as follows: