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 Stoneham High School, 149 Franklin Street, on
Monday, October 26, 1998
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 6, 1998 the inhabitants of the Town of Stoneham qualified to vote in elections and Town affairs met in the Stoneham High School Auditorium on Monday, October 26, 1998 at 7:40 PM.
Tellers were appointed to check the names of voters entering the High School and the checklists showed 280 voters attended the meeting.
The meeting was called to order by the Moderator, Michael Rotondi, at 7:40 PM . Cub Scout Troop 540 led the Pledge of Allegiance.
Paul McDonald - Announcements for the Veteran’s Day Activities
Pauline Russo - Update Generation’s in Action - Visioning
John DeGeorge – Point of order – see point of order
Article 1. To see if the Town will vote to raise and appropriate a sum of money to pay for prior year medical bills for disabled police and firefighter retirees or do anything in relation thereto.
Board of Selectmen
Article 1. Voted that the Town transfer the sum of $300 from Department #919 Unclassified – Operating to pay for previous fiscal year medical bills.
UNANIMOUS
Article 2. To see if the Town will vote to extend the term of the current Railroad Land Use Committee under the new name Stoneham Tri-Community Bike/Greenway Committee and further to authorize said committee to assist the Selectmen and the Town Administrator in the preparation and development of the Town owned land commonly known as the “railroad right-of-way” and such other portions of the railroad right-of-way in or over which the Town subsequently acquires rights, as linear park system incorporating, among other associated uses, continuous pathway for bicycle and pedestrian use, exercise courses and/or nature trails; and to authorize the Moderator to
appoint such other individuals to said committee as are necessary from time to time to cause said committee to be comprised of eleven (11) members at least four (4) of whom serve in an elected or other appointed capacity in the Town and said committee report annually at the May Town Meeting for a period of three (3) years and to authorize the Selectmen and or Town Administrator to request a license from the Massachusetts Bay Transportation Authority (MBTA) to use for the purposes just mentioned that portion of the MBTA’s railroad right-of-way beginning on the south side of Maple Street at mile marker 0.93 and running a westerly direction to the Woburn City line; and authorize the Selectmen or Town Administrator to jointly apply with the City of Woburn and the Town of Winchester for funding under the Public Works Transportation Enhancement Program or other State or Federal sources for the establishment of a Tri-Community Bikeway as described above.
Railroad Land Use Committee
Article 2. Voted that the Town extend the term of the current Railroad land Use committee under the new name Stoneham Tri-Community Bike/Greenway Committee and further to authorize said committee to assist the Selectmen and the Town Administrator in the preparation and development of the Town owned land commonly known as the “railroad right-of-way” and such other portions of the railroad right-of-way in or over which the Town subsequently acquires rights, as a linear park system incorporating, among other associated uses, continuous pathway(s) for bicycle and pedestrian use, exercise courses and/or nature trails; and to authorize the Moderator to appoint such other individuals to said committee as are necessary from time
to time to cause said committee to be comprised of eleven (11) members at least four (4) of whom serve in an elected or other appointed capacity in the Town and said committee shall report annually at the May Town Meeting for a period of three (3) years and to authorize the Selectmen and/or town Administrator to request a license from the Massachusetts Bay Transportation Authority (MBTA) to use for the purposes just mentioned that portion of the MBTA’s railroad right-of-way beginning on the south side of Maple Street at mile marker 0.93 and running a westerly direction to the Woburn City line; and authorize the Selectmen or Town Administrator to jointly apply with the City of Woburn and the Town of Winchester for funding under the Public Works Transportation Enhancement Program or other State or Federal sources for the establishment of a Tri-Community Bikeway as described above.
Amendment – Al Conti
To amend the motion by striking the word Moderator and substituting in lieu
of the word Selectmen.
Moderator stepped down to speak on article
Paul McDonald sworn in as interim moderator
Question moved
Unanimous
Amendment fails
Voted Main Motion
Motion Passes
Reconsideration
Voted down
Article 3. To see if the Town will vote to amend the Zoning Map of the Town of Stoneham by removing the below referenced property (a portion of the Railroad Right-of-Way) from the Commercial district and adding it to the Recreation and Open Space district as further described as follows:
Approximately 865 linear feet of railroad right-of-way, being shown on plan 128L in plan book 442C on file at the Middlesex South District Registry with accompanying instrument recorded in Book 13117 page 113 of December 27, 1976 and further described as follows:
Parcel: Beginning at the Southerly sideline of Maple Street, a public way, and running Southwesterly approximately 865 feet to station 40+10 said portion being 49.5 feet in width.
Said parcel containing a total area of 42,800 square feet, more or less, and appearing to include herein all property now (or previously) owned by the (MBTA) along the railroad right-of-way between Maple Street and the Woburn City Line in Stoneham, Massachusetts.
Railroad Land Use Committee
Article 3. Voted that the Town amend the Zoning Map of the Town of Stoneham by removing the below referenced property (a portion of the Railroad Right-of-Way) from the Commercial district and adding it to the Recreation and Open Space district as further described as follows:
Approximately 865 linear feet of railroad right-of-way, being shown on plan 128L in plan book 442C on file at the Middlesex South District Registry with accompanying instrument recorded in Book 13117 page 113 of December 27, 1976 and further described as follows:
Parcel: Beginning at the Southerly sideline of Maple Street, a public way, and running Southwesterly approximately 865 feet to station 40 + 10 said portion being 49.5 feet in width.
Said parcel containing a total area of 42,800 square feet, more or less, and appearing to include herein all property now (or previously) owned by the (MBTA) along the railroad Right-of-way between Maple Street and the Woburn City Line in Stoneham, Massachusetts.
Question moved
Indefinite postponement
Voted indefinite postponement
Reconsideration
Voted down
Article 4. To see if the Town will vote to amend the Stoneham Town Code Selectmen-Administrator Act Sec. 13 by:
Deleting from Section 13 the words “by a four-fifths vote of the full board” and adding in the same place the words “by a majority vote of the full board”.
The amended section shall read:
Sec. 13. Town Administrator – Appointments
The Town Administrator shall appoint the town treasurer, tax collector and all other town officials whose appointment or election is not specifically provided for herein. The town administrator shall appoint and may remove subject to the civil service laws where applicable, all department heads, all officers and subordinates and employees for whom no other method of appointment is provided in this act. Appointments to permanent positions made by the town administrator shall become effective seven working days following the date on which notice of appointment is filed with the board of selectmen, unless the board of selectmen shall, within that period, by a majority vote of the full board, vote to reject any such appointment.
Darin Leahy et al
16 Whipple Avenue
Article 4. Voted that the Town petition the legislature to amend Chapter 26 of the Acts of 1981, An Act Establishing a Selectmen – Town Administrator Form of Government for the Town of Stoneham, as amended, by deleting from section 13 the words “by a four fifths vote of the full board” and adding in the same place the words “by a majority vote of the full board” so that the amended section shall read as follows:
Sec. 13. Town Administrator – Appointments
The town administrator shall appoint the town treasurer, tax collector and all other town officials whose appointment or election is not specifically provided for herein. The town administrator shall appoint and may remove subject to the civil service laws where applicable, all departments heads, all officers and subordinates and employees for whom no other method of appointment is provided in this act. Appointments to permanent positions made by the town administrator shall become effective seven working days following the date on which notice of appointment is filed with the board of selectmen, unless the board of selectmen shall, within that period, by a majority vote of the full board, vote to reject any such appointment.
Question moved
Enlisted tellers to count
YES NO
83
Motion passes
Reconsideration
Voted down
Sent to Paul Casey’s office for Legislature approval
Approved January 13, 1999 at 2:47 PM
Article 5. To see if the Town will vote to petition the General Court for a Special Act that provides as follows:
Section 1. Notwithstanding the provisions of any general or special law to the contrary, including, but not limited to sections 11 of chapter 138 of the General Laws, the board of selectmen of the town of Stoneham, as the licensing authority, is hereby authorized to grant to certain restaurants with seating capacities of twenty-five (25) or more seats, a license for the sale of all alcoholic beverages or a license for the sale of wine and malt beverages. Such licenses, if granted, shall be subject to all other provisions of chapter 138, including the limitation on the number of such licenses allowed in the town.
Section 2. Notwithstanding the provisions of any general or special law to the contrary, including, but not limited to the provisions sections 11 of chapter 138 of the General Laws as to the time and manner of voting on the question, this act shall be submitted for its acceptance to the qualified voters of the town of Stoneham at an annual or special town election following the effective date of this act in the form of the following question: “Shall an Act passed by the General Court authorizing the Board of Selectmen of the Town of Stoneham to grant to certain restaurants with seating capacities of twenty-five (25) or more seats, a license for the sale of all alcoholic beverages or a license for the sale of wine and malt
beverages. Such licenses, if granted, shall be subject to all other provisions of chapter 138, including the limitation on the number of such licenses allowed in the town. Such licenses, if granted, shall be subject to all other provisions of chapter 138, including the limitation on the number of such licenses allowed in the town, be accepted?
Yes
No
Section 3. The board of selectmen of the town of Stoneham is hereby authorized to include a summary of the aforesaid question, including a statement of its position, on the ballot with said question.
Section 4. If a majority of the votes cast in answer to said question is in the affirmative, this act shall take effect in the town of Stoneham upon said vote, but not otherwise.
Board of Selectmen
Article 5. Voted that the Town petition the General Court for a Special Act that provides as described in Article #5 of the Warrant for the Special Town Meeting, Monday October 26, 1998
Question moved
Motion failed
Reconsideration
Reconsideration - Voted down
Article 6. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to amend the FY99 departmental budget as voted under article 17 of the May 1998 Annual Town Meeting or do anything in relation thereto.
Board of Selectmen
Article 6. Voted that the Town adjust the FY99 budget as follows:
Increase the following accounts:
122 Board of Selectmen Personnel $881
122 Board of Selectmen Operating $2,500
123 Town Administrator Personnel $47,414
123 Town Administrator Operating $10,000
131 Finance Board Personnel $346
132 Reserve Fund Operating $31,000
135 Town Accountant Personnel $12,355
151 Town Counsel Personnel $1,480
155 Gis/Mis Personnel $1,574
161 Town Clerk Personnel $998
172 Whip Hill Personnel $5,930
182 Community Development Personnel $8,109
210 Police Department Personnel $50,862
211 Traffic Directors Personnel $2,400
212 Public Safety Dispatch Personnel $165
220 Fire Personnel $37.665
300 Public Schools $154,000
399 Vocational School Operating $18,744
400 Public Works Personnel $11,252
440 Sewer Personnel $1,699
450 Water Personnel $6,200
610 Public Library Personnel $8,100
610 Public Library Personnel $2,000
630 Unicorn Recreation Personnel $5,500
918 Capital Equipment Operating $300,000
Total $721,174
And reduce the following accounts:
141 Board of Assessors Personnel $571
145 Treasurer Personnel $6,714
500 Community Services Personnel $29,370
710 Maturing Debt Operating $219,000
911 Contributory Pensions Operating $34,507
919 Unclassified Personnel $175,000
Total $465,162
And adjust the Revenues as follows:
Transfer from Surplus Revenue $643,552
Reduce Revenue of the Current year -$395,439
Increase Sewer Receipts by $1,699
Increase Water Receipts by $6,200
Total $256,012
UNANIMOUS
Article 7. To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, accept as a gift, take by eminent domain pursuant to Chapter 40, Section 14 and Chapter 79 of the General Laws, or otherwise, for the purpose of public parking, recreation or school use, the parcel of land described below, together with any trees and structures thereon, if any, and any easements or other rights which may be appurtenant to, or associated or used and enjoyed in connection with, such parcel of land. And further to raise and appropriate a sum of money for the purpose of acquiring such land, said sum to be raised by borrowing and to authorize the Board of
Selectmen, the Town Administrator, School Committee or any other Town Board or Commission to enter into agreement with state or federal agencies for financial or other assistance in connection with the acquisition of said land and to pass any vote(s) which the Town deems necessary for the purpose of this article, or do anything in relation thereto.
The owner(s) of the below described parcel of land, as recited in the legal description included within the article, although supposed to be correct, are such based only upon opinion and belief.
Parcel 12-1307 – 103-105 Central Street
A certain parcel of land, with buildings thereon, in Stoneham, Massachusetts, bounded and described as follows:
Westerly by the easterly line of Central Street one hundred sixty-six and 06/100 (166.06) feet; Northerly and Northeasterly by land now or formerly of the Boston and Maine Railroad six hundred sixty-four and 65/100 (664.65) feet; and Southerly by lands now or formerly of Blanche R. Hay and of Omer E. LaLiberte Et al six hundred fifty-nine and 16/100 (659.16) feet. The same premises as described in a deed from (GM HOLDINGS, INC., formerly known as GEORGE MANN & CO., INC.) to (KLKM, LLC) dated March 9, 1998 and recorded at the South Middlesex Land Court, Registry of Deeds Bk. 1185, page 193 (Certificate 0211143), or to do anything in relation thereto.
School Committee
School Building Committee
Article 7. Voted that the subject matter of Article #7 be indefinitely postponed.
Move question
Question moved
Motion to Indefinite postpone
Voted indefinite postponement
Article 8. To see if the Town will vote to transfer the below referenced property from the Town and its Board of Selectmen and/or Town Administrator to the School Committee.
Map 18, Parcel 260 – 5 Summer Street, Stoneham, MA containing approximately 8,169 square feet.
Map 18, parcel 259 – 7 Summer Street, Stoneham, MA containing approximately 8,334 square feet.
Map 18, Parcel 258 – 9 Summer Street, Stoneham, MA containing approximately 5,022 square feet.
Said parcels as further described in Article 15 of the Warrant of the Special Town Meeting of May 7, 1998.
Or do anything in relation thereto.
Board of Selectmen
Article 8. Voted that the Town transfer the below referenced property from the Town and its Board of Selectmen and/or Town Administrator to the School Committee.
Map 18, Parcel 260 – 5 Summer Street, Stoneham, MA containing approximately 8,169 square feet.
Map 18, parcel 259 – 7 Summer Street, Stoneham, MA containing approximately 8,334 square feet.
Map 18, parcel 258 – 9 Summer Street, Stoneham, MA containing approximately 5,022 square feet.
Said parcels as further described in Article 15 of the Warrant of the Special Town meeting of May 7, 1998
UNANIMOUS
Article 9. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the purpose of defraying the cost of conducting an engineering study of the Surface Drainage System and make repairs and improvements thereto, determine in what manner the said appropriation shall be raised from taxation, by transfer from available funds, by borrowing or otherwise or do anything in relation thereto.
Board of Selectmen
Article 9. Voted that the Town transfer from the Surplus Revenue Account the sum of $100,000 for the purpose of defraying the cost of conducting an engineering study of the Surface Drainage System and make repairs and improvements thereto.
Motion passes
Article 10. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw, Section 2.0 Definitions by deleting 2.1.69 Setback or line of setback in its entirety and substituting the following:
2.1.69 Setback or line of setback: The distance from a lot line to part of structure nearest the
lot line measured at right angles to the lot line, not including cornices, walls and fences.
Stoneham Planning Board
Article 10. Voted that the Town amend the Stoneham Town Code, Chapter 15, Zoning Bylaw, Section 2.0 Definitions by deleting 2.1.69 Setback or line of setback in its entirety and substituting the following:
2.1.69 Setback or line of setback: The distance from a lot line to part of structure nearest the lot line measured at right angles to the lot line, not including cornices, walls and fences.
UNANIMOUS
Approved by AG – February 12, 1999
Article 11. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw, Section 3.2 Location of Districts by deleting 3.2 in its entirety and substituting the following:
3.2 Location of Districts:
Said districts are hereby established as shown on a map entitled "Stoneham Massachusetts, Official Zoning Map," dated October 27, 1998. A true copy of which is on file in the office of the Town Clerk. Said map, together with all explanatory information thereon, is hereby incorporated into and made a part of this bylaw.
Stoneham Planning Board
Article 11 Voted that the Town vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw, Section 3.2 Location of Districts by deleting 3.2 in its entirety and substituting the following:
3.2 Location of Districts:
Said districts are hereby established as shown on a map entitled “Stoneham
Massachusetts, Official Zoning Map,” dated October 27, 1998. A true copy of which is on file in the office of the Town Clerk. Said map, together with all explanatory information thereon, is hereby incorporated into and made a part of this bylaw.
It was moved and seconded to amend article 11 that the Town vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw, Section 3.2 Location of Districts by deleting 3.2 in its entirety and substituting the following:
3.2 Location of Districts
Said districts are hereby established as shown on a map entitled “Stoneham Massachusetts, Official Zoning Map, “dated October 26, 1998. A true copy of which is on file in the office of the Town clerk. Said map, together with all explanatory information thereon, is hereby incorporated into and made a part of this bylaw.
UNANIMOUS
Approved by AG – February 12, 1999
Article 12. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw, Section 4.0 Use Regulations Section 4.1.6 Uses Prohibited in All Districts by adding the following section:
4.1.6.9 Junkyards
Stoneham Planning Board
Article 12. Voted that the Town amend the Stoneham Town code, Chapter 15, Zoning Bylaw, Section 4.0 Use Regulations Section 4.1.6 Uses Prohibited in All Districts by adding the following section:
4.1.6.9 Junkyards
UNANIMOUS
Approved AG – February 12, 1999
Article 13. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw, Section 4.2 Residence A Districts by deleting Section 4.2.2.2 in its entirety and substituting the following:
4.2.2 2
Accessory uses which are proper and usual with Residences and are not injurious to a neighborhood as a place for such residences, including:
(a) Private garage for not more than three (3) cars.
Private swimming pool
Accessory buildings subject to the following restrictions:
1. Located in the rear yard or to rear of required front setback and behind actual setback line of structure.
2. Side and rear setbacks of five (5) feet, provided that the structure is a minimum of ten (10) feet from any abutters' structure.
3. Maximum height of fifteen (15) feet.
4. Maximum gross floor area one hundred twenty (120) square feet.
One (1) unregistered motor vehicle per lot, provided that it is not a commercial vehicle with a gross vehicle weight greater than ten thousand (10,000) pounds and that this provision shall not be applicable to any unregistered motor vehicle housed exclusively in a garage on the premises.
Parking of a commercial vehicle with a registered gross vehicle weight of no greater than ten thousand (10,000) pounds.
Stoneham Planning Board
Article 13. Voted that the Town amend the Stoneham Town Code, Chapter 15, Zoning Bylaw, Section 4.2 Residence A Districts by approving Article 13 of the October 26, 1998 Special Town Meeting Warrant with the following modifications:
4.2.2.2
(c) Accessory buildings subject to the following restrictions:
Located in the rear yard or to rear of required front setback and behind actual setback line of structure.
Side and rear setbacks of five (5) feet, provided that the structure is a minimum of ten (10) feet from any abutting principal use or detached garage.
Maximum height of fifteen (15) feet.
Maximum gross floor area one hundred thirty (130) square feet.
(d) One (1) unregistered motor vehicle per lot, provided that it is not a commercial vehicle with a gross vehicle weight greater than seventeen thousand five hundred (17,500) pounds and that this provision shall not be applicable to any unregistered motor vehicle housed exclusively in a garage on the premises.
(e) Parking of a commercial vehicle with a registered gross vehicle weight of no greater than seventeen thousand five hundred (17,500) pounds.
Move question
Question moved
Enlisted tellers to count
YES NO TOTAL
67 26 93
PASSED
Reconsideration
Voted down
Approved AG – February 12, 1999
October Special Town Meeting was adjourned at 11:03 PM to reconvene after completion of October Special Town Meeting, October 29, 1998, 7:30 PM, Thursday.
ADJOURNED SPECIAL TOWN MEETING
Thursday October 29, 1998
7:50 PM
Tellers were appointed to check the names of voters entering the High School and the checklist showed 97 voters attended the meeting.
Article 14. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15 Zoning Bylaw, Section 4.7 Highway Business Districts Section 4.7.2 Uses
Permitted with Site Plan Approval by the Board of Selectmen by deleting Section 4.7.2.5 in its entirety and substituting the following: 4.7.2.5 Photographic studios; medical and dental offices and laboratories and clinics.
Stoneham Planning Board
Article 14. Voted that the Town amend the Stoneham Town Code, Chapter 15, Zoning Bylaw Section 4.7 Highway Business Districts Section 4.7.2 Uses Permitted with Site Plan Approval by the Board of Selectmen by deleting Section 4.7.2.5 in its entirety and substituting the following:
4.7.2.5 Photographic studios; medical and dental offices and laboratories and clinics.
UNANIMOUS
Reconsideration
Voted down
Approved AG – February 12, 1999
Article 15. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw Section 5.2.1 Dimensional Requirements Table One by changing Table One Minimum Yards in Feet heading and adding Footnote 13 to the headings “side” and “rear” as follows:
Table One Dimensional Requirements, Minimum Setback in feet.
Footnote 13- Retaining walls and fences as structures if less than six (6) feet in height are excluded from side and rear setback requirements.
Stoneham Planning Board
Article 15. Voted that the Town amend the Stoneham Town code, Chapter 15, Zoning bylaw Section 5.2.1 Dimensional Requirements Table One by changing Table One Minimum Yards in Feet heading and adding Footnote 13 to the headings "side" and “ rear" as follows:
Table One Dimensional Requirements, Minimum Setback in feet.
Footnote 13-Fences as structures if less than six (6) feet in height are excluded from side and rear setback requirements.
UNANIMOUS
Reconsideration
Voted down
Approved by AG – February 12, 1999
Article 16. To see if the Town will vote to amend the Stoneham Town Code Chapter 15, Zoning Bylaw Section 5.3 Special Conditions and Exceptions by eliminating Section 5.3.5.4 in its entirety and substituting the following:
5.3.5.4 Projections:
Under provisions for setbacks in Residence A and Residence B Districts specified in Section 5.2.1, cornices may be extended two (2) feet and chimneys and one (1) story portions three and one-half (3½) feet nearer a lot line, private way or other building. Stairs are subject to a maximum allowable extension of no greater than half the setback.
Stoneham Planning Board
Article 16. Voted that the Town amend the Stoneham Town Code Chapter 15, Zoning Bylaw Section 5.3 Special Conditions and Exceptions by eliminating Section 5.3.5.4 in its entirety and substituting the following:
5.3.5.4 Projections:
Under provisions for setbacks in Residence A and Residence B Districts specified in Section 5.2.1, cornices may be extended two (2) feet and chimneys and one (1) story portions three and one-half (3 ½) feet nearer a lot line, private way or other building. Stairs are subject to a maximum allowable extension of no greater than half the setback.
UNANIMOUS
Reconsideration
Voted down
Approved by AG – February 12, 1999
Article 17. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw Section 6.3 Off-Street Parking Requirements by replacing Section 6.3.2.1. “Parking shall be on the same lot as the principal use and to the rear setback line, except as provided in Section 6.3.3.6 and as follows:” with “Parking shall be on the same lot as the principal use and meet all setback requirements for the district, except as provided in Section 6.3.3.6 and as follows:”.
Stoneham Planning Board
Article 17. Voted that the subject matter of Article 17 be indefinitely postponed
Motion passes
UNANIMOUS
Reconsideration
Voted down
Article 29. Voted that article 29 be taken out of order and advance motion
Majority Vote
Motion advanced – article 29
Article 29. Voted that the Town amend the Town Code Chapter 13A Earth Removal by making the changes as described in Article #29 of the Warrant for the Special Town Meeting, Monday, October 26, 1998.
Motion to Indefinite Postpone
Indefinitely Postponed
Reconsideration
Voted Down
Article 18. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw Section 6.8 Performance Standards by deleting Section 6.8.10 Regulating Alteration on Land.
Stoneham Planning Board
Article 18. Voted that the Town indefinitely postpone the subject matter of this article.
Motion for Indefinite Postponement
Indefinitely Postponed
Reconsideration
Voted down
Article 19. To see if the Town will vote to amend the Zoning Map of the Town of Stoneham in the following manner:
Add to the Education District: Parcel described as Stoneham Board of Assessors Map 9, parcel 40. Change parcels described in Stoneham Board of Assessors Map 8, aparcels 220, 221, 222, 223, 224 and Map 13 parcels 529, 530, 531, 532, 533, 534, 535, 536, 537, 538 from Education District to Residential A.
Stoneham Planning Board
Article 19. Voted that the Town amend the Zoning map of the Town of Stoneham in the following manner:
Add to the Education district: Parcel described as Stoneham Board of Assessors Map 9, parcel 40.
Change parcels described in Stoneham Board of Assessors Map 8, as parcels 220,221,222,223,224 and Map 13 parcels 529,530,531,532,533,534,535,536,537,538 from Education District to Residential A.
UNANIMOUS
Reconsideration
Voted down
Approved by AG – February 12, 1999 except references to Parcels #531, #535 and #537 in the amendments to the by-law and as shown on the map, are deleted and disapproved
Article 20. To see if the will vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw, Section 4.11 Wireless Service Facilities District and Section 6 General Provisions Affecting All Districts by deleting Section 4.11 in its entirety and substituting the following for Section 4.11 as well as adding the following to Section 6:
4.11 WIRELESS SERVICE FACILITIES OVERLAY DISTRICT
4.11.1 PURPOSE
This bylaw is adopted for the regulation and restriction of the construction, erection, installation, placement and/or use of Wireless Service Facilities and the protection of the general public from the impacts associated with Wireless Service Facilities. It is the purpose of this bylaw to: (1) minimize the adverse impacts of wireless communications facilities on adjacent properties and residential neighborhoods; (2) limit the overall number and height of such facilities; (3) encourage the most appropriate use of the land; (4) promote shared use of existing facilities to reduce the need for additional facilities and (5) guide sound development while promoting the health, safety and general welfare of the Town consistent with applicable federal law. This bylaw is intended to be used in conjunction with any and all other
applicable bylaws and regulations adopted by the Town.
4.11.2 APPLICABILITY
The provisions of other sections of this zoning bylaw notwithstanding, the regulations and restrictions set forth herein shall apply to the construction, erection, installation, placement and/or use of Wireless Service Facilities including, but not limited to personal wireless service facility and free-standing devices. No Wireless Service Facility shall be constructed, erected, installed, placed and/or used on land, buildings, and/or structures within the Town of Stoneham on or after the date of enactment of this bylaw except in accordance with the provisions of this Section 4.11. Wireless Service Facilities lawfully in existence on the date of enactment of this bylaw may be maintained and shall be kept in good condition.
This section does not apply to the construction or use of facilities by a conforming federally licensed amateur radio used in accordance with said license as protected by Massachusetts General Laws c.40A, sec. 3 or television antennas, including so-called satellite dishes, which are necessary to a residential use and protected by applicable federal law.
4.11.3 USES PERMITTED:
The Wireless Service Facilities identified in Section 6.11 may be constructed, erected, installed, placed and/or used within this district subject to the issuance of a building permit by the Inspector of Buildings and meeting the requirements of 6.11 Wireless Service Facility Requirements and Restrictions.
4.11.4 SEVERABILITY
If any section of this bylaw or portion thereof is declared invalid it shall not affect the validity or application of the remainder of the bylaw, including but not limited to changing the locations and/or heights allowed for Wireless Service Facilities.
6.11 WIRELESS SERVICE FACILITY REQUIREMENTS AND RESTRICTIONS
6.11.1 INSTALLATION
A. A Wireless Service facility maybe installed on: (i ) a building excluding buildings used for one to four family residential use or other structure, excluding any structure constructed or used primarily as a mount for antennas or (ii) 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').
(b) Extend above the height of a structure other than a building by more than 15 feet;
(c) Extend beyond the face of any wall, or exterior surface in case 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 exceeds 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 Design Provisions, 6.11.4 Environmental Standards, 6.11.5 Safety Standards, 6.11.8 Monitoring and Maintenance, and 6.11.10 Abandonment or Discontinuance of Use.
6.11.2 PROHIBITIONS
The following are prohibited:
a. All free standing (ground mounted) Wireless Service Facilities other than monopoles. Prohibited free standing Wireless Service Facilities include Lattice towers or Lattice style towers and any Wireless Service Facility requiring two or more legs.
b. Guy wires.
6.11.3 DESIGN PROVISIONS
6.11.3.1 Setbacks
a. All Wireless Service Facilities, including equipment shelters, shall comply with the setback provisions of the zoning district in which the facility is located.
b. The center point of the base of a monopole (or any other freestanding ground mounted Wireless Service Facility if for any reason allowed under applicable law despite the prohibition herein) shall be set back from the property line of the lot in which such device is located by distance equal to the overall vertical height of the monopole and any antennas or other appurtenances plus five feet (5'), unless the applicant demonstrates that: (1) due to topography and/or other characteristics of the site or the structure a lesser setback shall not pose any public safety danger to any adjacent property and that the requested installation is essential to the proper functioning of the telecommunications services to be provided by the Wireless Service Facility, or (2) the Planning Board finds
that a substantially better design will result from such reduction. In making such a finding, the Planning Board shall consider both the visual and safety impacts of the proposed use.
6.11.3.2 Screening
Whenever possible, Wireless Service Facilities shall be sited so as to minimize visibility from adjacent property and shall be suitably screened from abutters and residential neighborhoods and from public viewing areas.
6.11.3.4 Landscaping and Preservation of Existing Vegetation
Freestanding Wireless Service Facilities not otherwise camouflaged from public viewing in accordance with this bylaw shall, unless otherwise directed by the Planning Board based on site conditions, be surrounded by buffers of dense tree growth and undestroy vegetation in all directions to create an effective year-round visual buffer of sufficient height and depth to effectively screen the facility while not effectively impairing the operation of the Wireless Service Facility or shall otherwise be disguised to the satisfaction of the Planning Board. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. The Planning Board shall determine the types of trees and plant materials and depth of the needed buffer based on site conditions. To the extent
feasible and consistent with this bylaw, existing on-site trees and vegetation shall be preserved and/or be replaced or restored after construction and installation of the Wireless Service Facilities.
6.11.3.4 Color
Wireless Service Facilities, including but not limited to monopoles and mounted Wireless Service Facilities and supports, shall be painted or otherwise colored or finished in the manner which minimizes the visibility of the Wireless Service Facilities in the surrounding landscape and on the building or structure to which they are attached and, if applicable, with the sky.
6.11.3.5 Antennas
Whenever technologically feasible, antennas and other wireless communication equipment shall be mounted flush against the monopole.
6.11.3.6 Fencing
Any fencing necessary to control access to the Wireless Service Facilities shall be compatible with the character of the area. Fences utilizing razor wire, barbed wire or a similar wire type shall not be allowed.
6.11.3.7 Signs
There shall be no advertising permitted on or in the vicinity of a Wireless Service Facilities. There shall be a sign not exceeding four square feet in area at each installation which shall display a phone number where the person responsible for the maintenance of the installation may be reached on a 24-hour basis.
6.11.3.8 Lighting
Lighting of Wireless Service Facilities shall be prohibited except for such lighting as may be required by federal or state law or regulation or by order of the Federal Aviation Administration in pre-emption of this prohibition. Lighting of Wireless Service Facilities and any other facilities on site shall be shielded from abutting properties. Temporary lighting as necessary for emergency repair purposes shall be allowed for a reasonable period of repair.
6.11.3.9 Equipment Shelters and Network Interconnections
Equipment shelters and network interconnections for Wireless Service Facilities shall be located in underground vaults or shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and/or wooden fence. The style of fencing and/or landscape buffer shall be compatible with the neighborhood.
6.11.3.10 Historic Buildings and Districts
Any Personal Wireless Service Facilities located on or within an historic structure shall not alter the character-defining features or distinctive construction methods of the building. Any alteration made to an historic structure to accommodate a device shall be fully reversible.
6.11.3.11 Parking
There shall be a maximum of one parking space for each monopole to be used in connection with the maintenance of the site and not to be used for the permanent storage of vehicles or other equipment.
6.11.4 ENVIRONMENTAL STANDARDS
6.11.4.1 Wireless Service Facilities shall not be located in wetlands.
Locating of wireless facilities in wetland buffer areas shall be avoided whenever possible and disturbance to wetland buffer areas shall be minimized.
6.11.4.2 No hazardous waste shall be discharged on the site of any Wireless Service Facility.
If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.
6.11.4.3 Stormwater run-off shall be contained on-site.
6.11.4.4 Ground-mounted equipment for Wireless Service Facilities shall not generate noise in excess of 50 db at the property line.
Roof-mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 db at ground level at the base of the building closest to the antenna.
6.11.5 SAFETY STANDARDS
6.11.5.1 Wireless Service Facilities and equipment shall be authorized, constructed and operated in accordance with applicable federal and state law, regulations, orders and guidelines.
6.11.5.2 Wireless Service Facilities shall be designed to withstand winds and gusts of a category 5 hurricane.
6.11.5.3 When a Wireless Service Facility is located above or in the vicinity of pedestrian areas or other areas open to the public, such installation shall be constructed and maintained in a manner that does not impede or restrict the movement of pedestrians nor pose a hazard to any person.
6.11.6 APPLICATION PROCEDURES - SPECIAL PERMIT
6.11.6.1 Pre-application Wireless Service Facilities Conference.
Prior to the submission of an application for a Special Permit pursuant to this bylaw, the applicant is strongly encouraged to meet with the Planning Board at a public meeting to discuss the proposed wireless service facility in general terms and to clarify the filing requirements. The purpose of the conference is to inform the Planning Board as to the preliminary nature of the proposed Wireless Service Facility. No formal filings are required
for the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Planning Board of the
location of the proposed facility, as well as its scale and overall design and to discuss alternative sites, including but not limited to existing sites of Wireless Service Facilities.
6.11.6.2 Application Filing Requirements
The following shall be included with an application for a Special Permit for a Wireless Service Facility.
a. General Filing Requirements
1. Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A licensed carrier shall either be an applicant or a co-applicant and shall provide a certified copy of its FCC license to operate the proposed system.
2. If the property owner is not an applicant or co-applicants said property owner must provide written documentation of the applicant's right to use the property for the proposed Wireless Service Facility.
3. A detailed statement and description of the Wireless Communication Services to be provided or supported by the Wireless Service Facility, including how the proposed Wireless Service Facility will eliminate or alleviate any existing deficiencies or limitations in the Wireless Communication Services of the applicant.
4. A certification by the applicant that said applicant and the Wireless Service Facility comply with all federal and state laws, regulations and requirements to provide the proposed Wireless Service Facility.
6.11.6.3 Location Filing Requirements
Include the following information with an application:
a. Address of the subject property and the names of the nearest public and private ways.
b. A line map to scale showing the lot lines of the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.
c. A map showing the Wireless Service Facilities with which the proposed facility would interact and the other existing Wireless Service Facilities in the Town and within two (2) miles of its municipal boundaries.
d. To the best of the applicant's knowledge, information and belief, a forecast of when maximum capability would be reached for the proposed Wireless Service Facilities and the proposed locations of all the applicant's existing and future Wireless Service Facilities in the Town and within two (2) miles of the Town boundaries depicted on a map.
6.11.6.4 Siting Filing Requirements
a. File with the application, as site filing information, a one-inch-equals-40 feet vicinity plan showing the following:
1. Property lines for the subject property and all properties adjacent to the subject property within 300 feet (300').
2. Tree cover on the subject property and adjacent properties within 300 feet, (300') by dominant species and average height, as measured by or available from a verifiable source.
3. Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.) on subject property and all adjacent properties within 300 feet (300').
4. Proposed location of antenna, mount and equipment shelter(s).
5. Proposed security barrier, indicating type and extent, as well as point of controlled entry.
6. Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet (300') including driveways proposed to serve the Wireless Service Facility.
7. Distances, at grade, from the proposed Wireless Service Facility to each building on the vicinity plan.
8. Contours at each two feet AMSL for the subject property and adjacent properties within 300 feet (300').
9. All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
10. Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the Wireless Service Facility.
11. Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from `Sight Lines' subsection below.
b. Sight lines and photographs as described below:
1. A sight line representation shall be drawn from any public or private way within three hundred feet (300') and the closest facade of each residential building (viewpoint) within three hundred feet (300') to the highest point (visible point) of the Wireless Service Facility. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is only one (or more) residential building within three hundred feet (300') there shall be at least two sight lines from the closest habitable structures or public roads, if any.
2. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public or private way within 300 feet.
3. Each of the existing condition photographs shall have the proposed personal Wireless Service Facility superimposed on it to show what will be seen from public roads if the proposed Wireless Service Facility is built.
c. Siting elevations, or views at-grade from the north, south, east and west for a 50-foot radius around the proposed Wireless Service Facility plus from all existing public and private ways that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale and show the following:
1. Antennas, mounts and equipment shelter(s), with total elevation dimensions and at ground level of the highest point.
2. If the security barrier will block views of the Wireless Service Facility, the barrier drawing shall be cut away to show the view behind the barrier.
3. Any and all structures on the subject property.
4. Existing trees and shrubs at current height and proposed trees and shrubs.
5. Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.
6.11.6.5 Design Filing Requirements
a. Equipment brochures for the proposed Wireless Service Facility such as manufacture's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
b. Materials of the proposed Wireless Service Facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.).
These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
c. For monopoles a description of the capacity of the monopole, including the number and type of antenna, transmitters and/or receivers that it can accommodate and the basis for these calculation.
d. Colors of the proposed Wireless Service Facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
e. Dimensions of the Wireless Service Facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
f. Appearance shown by at least two photographic superimpositions of the Wireless Service Facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth.
g. Landscape plan including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
h. Within 21 days of filing an application for a Special Permit, the applicant shall arrange for a crane test or alternate temporary structure or balloon if approved by the Planning Board, at the proposed site that replicates to illustrate the height of the proposed Wireless Service Facility. The crane or structure shall remain in position for no less than three (3) days for at least eight (8)
hours per day, with one day being a weekend day. The date, time and location of such test shall be advertised, at the applicant's cost in a Stoneham newspaper
of general circulation twice in consecutive weeks, not more than twenty-one (21) days prior to the test. In addition, written notice shall be sent, at the applicant's cost, to abutters who would receive notice for special permit applications pursuant to G.L.c.40A, sec.11.
i. If lighting of the site is proposed, the applicant shall submit a manufacturer's computer-generated point-to-point printout, indicating the horizontal footcandle levels at grade, within the property to be developed and twenty-five within the property to be developed and twenty-five (25) feet beyond the property lines. The printout shall indicate the locations and types of luminaries proposed.
6.11.6.6 Noise Filing Requirements
a. The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed Wireless Service Facilities, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following:
1. Existing, or ambient: the measurements of existing noise.
2. Existing plus proposed Wireless Service Facilities: maximum estimate of noise from the proposed Wireless Service Facility plus the existing noise environment.
Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw.
6.11.6.7 Radio frequency Radiation (RFR) Filing Requirements
a. The applicant shall provide a statement listing the existing and maximum future projected measurements of RFR from the proposed personal wireless service facility, for the following situations:
1. Existing, or ambient: the measurements of existing RFR.
2. Existing plus proposed personal wireless service facilities: maximum estimate of RFR from the proposed personal wireless facility plus the existing RFR environment.
3. Certification, signed by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines and any applicable requirements of the Commonwealth of Massachusetts.
6.11.6.8 Federal Environmental Filing Requirements
a. The National Environmental Policy Act (NEPA) applies to all applications for Wireless Service Facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CFR Ch. I.) The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for certain Wireless Service Facility, including, but not limited to all those proposed in or involving any of the following areas: endangered species habitat, historical site, flood plains, wetlands, high intensity white lights in residential neighborhoods, and excessive radio frequency radiation exposure.
b. At the time of application filing, an EA that meets FCC requirements shall be submitted to the Town for each Wireless Service Facility site that requires such an EA to be submitted to the FCC.
c. The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the Wireless Service Facility that are considered hazardous by the federal, state or local government.
6.11.6.9 Waiver
The Planning Board may waive one or more of the application filing requirements of this bylaw if it finds that such information is not needed for a thorough review of the proposed Wireless Service Facility.
6.11.7 TERM OF SPECIAL PERMIT
A Special Permit issued for any Wireless Service Facility may, in accordance with the G.L.c.40 A, sec. 9, have a time limitation. At the end of that time period, the Wireless Service Facility shall be removed by the carrier or a new Special Permit shall be required.
6.11.8 MODIFICATIONS
A modification of a Wireless Service Facility may be considered equivalent to an application for a new Wireless Service Facility and will require a Special Permit when the following events apply:
a. The applicant and/or co-applicant wants to alter the terms of the Special Permit by changing the personal wireless service facility in one or more of the following ways:
Change in the number of facilities permitted on the site;
2. Change in technology used for the personal wireless service facility.
b. The applicant and/or co-applicant wants to add any equipment or additional height not specified in the original design filing.
6.11.9 CO-LOCATION
6.11.9.1 Monopoles shall share Wireless Service Facilities equipment where feasible and appropriate, thereby reducing the number of Wireless Service Facilities that are stand-alone facilities. All applicants for a Special Permit for a Wireless Service Facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:
a. A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;
b. Attempted contact with all the other licensed carriers for commercial mobile radio services operating in the County; and
c. Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.
6.11.9.2 In the event that co-location is found not be feasible, a written statement of the reasons for the infeasibility shall be submitted to the Town. The Town may deny a Special Permit to an applicant that has not demonstrated a good faith effort to provide for collocation.
6.11.9.3 If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings and studies which show the ultimate appearance and operation of the Wireless Service Facility at full build-out.
6.11.9.4 If the Planning Board approves co-location for a Wireless Service Facility site, the Special Permit shall indicate how may facilities of what type shall be permitted on that site.
Facilities specified in the Special Permit approval shall require no further zoning approval. However, the addition of any facilities no specified in the approved Special Permit shall require a new Special Permit.
6.11.9.5 Estimates of RFR emissions will be required for all facilities, including proposed and future facilities.
6.11.10 ABANDONMENT OR DISCONTINUATION OF USE
6.11.10.1 At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier will notify the Town by certified U.S. mail of the proposed date of abandonment or discontinuation for operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the Wireless Service Facility shall be considered abandoned upon such discontinuation of operations. If there are two or more users of a single Wireless Service Facility, then this provision shall not become effective until all users cease using the Wireless Service Facility.
6.11.10.2 Upon abandonment or discontinuation of use, the licensed carrier shall physically remove the Wireless Service Facility within ninety (90) days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
a. Removal of antennas, mount, equipment shelters and security barriers from the subject property.
b. Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
c. Restoring the location of the Wireless Service Facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.
6.11.10.3 If a licensed carrier fails to remove a Wireless Service Facility in accordance with this section of this bylaw, the town shall have all the authority allowed under law to cause and/or enforce the removal of the Wireless Service Facility and the restoration of the property. The Planning Board may require the applicant to post a bond at the time of construction to cover costs for the removal of the Wireless Service Facility and the restoration of the property in the event the Town must remove the facility and/or restore the property.
6.11.12 MONITORING AND MAINTENANCE
6.11.12.1 After the wireless service facility is operational, the licensed carrier shall submit, within ninety (90) days of beginning operations, and at annual intervals from the date of issuance of the Certificate of Occupancy, existing measurements of RFR from the Wireless Service Facility. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radio frequency Standards section of this Bylaw.
6.11.12.2 After the Wireless Service Facility is operational, the licensed carrier shall submit, within 90 days of the issuance of the Certificate of Occupancy, and at annual intervals from the date of issuance of the Special Permit, existing measurements of noise from the personal wireless service facility. Such measurements shall be signed by an acoustical engineer, stating
that noise measurements are accurate and meet the Noise Standards sub-section of this Bylaw. 6.11.12.3 The licensed carrier shall maintain the Wireless Service Facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and landscaping.
6.11.13 SEVERABILITY
If any section of this bylaw or portion thereof is declared invalid it shall not affect the validity or application of the remainder of the bylaw, including but not limited to changing the locations and/or heights allowed for Wireless Service Facilities.
Stoneham Planning Board
Article 20. Voted that the Town amend the Stoneham Town Code, Chapter 15, Zoning Bylaw by approving Article 20 of the October 26, 1998 Special Town Meeting in its entirety.
Presenter - waive reading of entire article – No change in substance of article.
Article reading waived
YES No
2
Motion passes
Reconsideration
Reconsideration – Voted down
Approved by AG – February 12, 1999
Article 21. To see if the Town will vote to amend the Stoneham Town Code Chapter 15, the Zoning By-Law map by placing the following described lands in the Wireless Service Facilities Overlay District: within Six Hundred feet (600’) on either side of Main Street from Hancock Street to William Street; Four hundred feet (400’) on either side of Main Street from North Street to the town boundary with Reading; Four Hundred (400’) feet on either side of Montvale Avenue; in the Medical District on parcels containing ten (10) or more acres; or on any municipal building(s).
Stoneham Planning Board
Article 21. Voted that the Town amend the Stoneham Town Code Chapter 15, the Zoning By-Law map by placing the following described lands in the Wireless Service Facilities Overlay District: within Six Hundred feet (600’) on either side of Main Street from Hancock to William Street; four hundred feet (400’) on either side of Main Street from North Street to the town boundary with Reading; Four Hundred feet (400’) on either side of Montvale Avenue; in the Medical District on parcels containing ten (10) or more acres; or on any municipal buildings(s).
UNANIMOUS
Reconsideration
Voted down
Approved by AG – February 12, 1999
Article 22. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw, Section 4.8 Commercial District by deleting it in its entirety and substituting the following Section 4.8 as well as creating two new sections, Section 4.13 Commercial District II and 4.14 Commercial District III:
4.8 COMMERCIAL DISTRICT I
4.8.1 Purpose: The purpose of the Commercial District is to provide areas for light manufacture, assembly, research, industrial parks, office parks, high technology and similar uses.
4.8.2 Uses Permitted with Site Plan Approval by the Board of Selectmen:
4.8.2.1 Research Laboratory.
4.8.2.2 Office Building.
4.8.2.3 Light Manufacturing.
4.8.2.4 Veterinary Hospital.
4.8.2.5 Office Parks.
4.8.2.6 Industrial Parks.
4.8.2.7 Retail store, service establishment, and retail business of which the gross floor area of the store or establishment is not greater than three thousand (3,000) square feet.
4.8.2.8 Restaurant, public dining room or lunch room, not including any drive-through, of which the gross floor area of said restaurant, public dining room or lunch room shall not be greater than three thousand (3,000) square feet and provided that the site in total contains fifty thousand (50,000) square feet or more of gross floor area.
4.8.2.9 Deleted [Refer to 4.14]
4.8.3 Uses Permitted on a Special Permit Granted by the Planning Board and Site Plan Approval by the Board of Selectmen:
4.8.3.1 Utility buildings, contractor’s storage warehouses and buildings, and wholesale distribution plants.
4.8.3.2 Passenger depots and terminals.
4.8.3.3 Retail store, service establishment, and retail business with gross floor area in excess of three thousand (3,000) square feet; and service establishment for the retail distribution of petroleum products, provided that such shall not permit gasoline service stations and garages
4.8.3.3.1 Any retail store, service establishment retail business with a combined gross floor area of seventy-five thousand (75,000) square feet or more.
4.8.3.4 Automobile repair services provided that:
All service is performed within an enclosed structure.
(b) Such building shall be located not less than three hundred (300) feet from properties used or zoned for residential purposes, and not less than six hundred (600) feet from a school.
(c) Such building shall be set back at least fifty (50) feet from the street right-of-way.
(d) No motor vehicles in an inoperative condition are to remain on such site for more than a two (2) week period unless enclosed in a building or fenced or screened from abutting properties and streets.
(e) Screening in accord with Section 6.5 shall be provided and maintained along all adjacent property boundaries.
4.8.3.5 Deleted [Refer to 4.14]
4.13 COMMERCIAL DISTRICT II [West of I-93 and bounded by Winchester Line]
4.13.1 Purpose: The purpose of the Commercial District II is to provide areas for light manufacture, assembly, research, industrial parks, office parks, high technology and similar uses, and wireless service facilities.
4.13.2 Uses Permitted with Site Plan Approval by the Board of Selectmen:
4.13.2.1 All uses permitted with Site Plan Approval in Commercial District I
4.13.3 Uses permitted on a Special Permit Granted by the Planning Board
4.13.3.1 Wireless Service Facility (including its supports) subject to the provisions of 6.11 Wireless Service Facility Requirements and Restrictions
4.13.4 Uses Permitted on a Special Permit Granted by the Planning Board and Site Plan Approval by the Board of Selectmen:
4.13.4.1 All uses permitted on a Special Permit and Site Plan Approval in Commercial District I
4.14 COMMERCIAL DISTRICT III [West of I-93 bounded by Woburn/Stoneham Line]
4.14.1 Purpose: The purpose of the Commercial District III is to provide areas for light manufacture, assembly, research, industrial parks, office parks, high technology and similar uses, wireless service facilities, large scale retail and other uses.
4.14.2 Uses Permitted with Site Plan Approval by the Board of Selectmen:
4.14.2.1 All uses permitted with Site Plan Approval in Commercial District II
4.14.2.2 Any retail store, service establishment or retail business with a combined gross floor area of no less than one hundred thousand (100,000) square feet or more than one hundred fifty thousand (150,000) square feet.
4.14.2.3 Truck deliveries restricted to the hours of 7:00 A.M. to 3:00 P.M. No deliveries allowed on Sunday.
4.14.2.4 The establishment shall not open until 9:00 A.M. except Sundays when they may not open until 12 noon.
4.14.3 Uses permitted on a Special Permit Granted by Planning Board
4.14.3.1Wireless Service Facility (including its supports) subject to the provisions of 6.11 Wireless Service Facility Requirements and Restrictions
4.14.4 Uses Permitted on a Special Permit Granted by the Planning Board and Site Plan Approval by the Board of Selectmen:
4.14.4.1 All uses permitted on a Special Permit and Site Plan Approval in Commercial District I
4.14.4.2 Adult Uses - an establishment, a building or portion thereof, or a use of land having a substantial or significant portion of its business activity, stock in trade, or other matter or material for sale, rental, distribution, or exhibition, which are distinguished or characterized by their emphasis on depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, sec. 31, including, but not limited to the following: adult bookstores, adult dance clubs, adult motion picture theatre, adult paraphernalia store, adult theatre, adult video stores and establishments which display live nudity for their patrons, subject to the following:
a. An adult use may not occur or be located:
i. Within 300 feet of a lot line of a church or other place of worship;
ii. Within 300 feet of a public park, playground or athletic field;
iii. Within 300 feet of public or private elementary or secondary school or licensed day care center.
iv. Within 1000 feet of any other adult use within the Town of Stoneham;
b. With the exception of an adult motion picture theatre, adult theatre and establishments which display live nudity for their patrons, adult entertainment uses may not exceed three thousand (3,000) square feet gross floor area. In addition all adult uses are subject to lawful conditions imposed pursuant to Section 7.4.3 of these bylaws and the site plan process, regardless of whether or not more restrictive than a provision of this Section.
c. No advertisement, display or other promotional material which contains nudity, sexually explicit graphics or sexually explicit text shall be visible to the public from outside of the building.
d. No special permit shall be issued to any person convicted of violating the provisions of section sixty-three of chapter one hundred and nineteen (G.L. c. 119, sec. 63) or section twenty-eight of chapter two hundred and seventy-two (G.L. c.272, sec. 28).
e. A special permit granted under this section shall lapse within two years, and including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for if construction has not begun by such date except for good a cause
4.14.4.3 In addition to the requirements of this Section, the special permit granting authority shall adopt and from time to time amend rules relative to the issuance of special permits hereunder, and shall file a copy of said rules in the office of the town clerk. Such rules shall prescribe a size, form, contents, style, and number of copies of plans and specifications and the procedure for a submission and approval of such permits.
It is the purpose and intent of this bylaw to address and mitigate the secondary effects of sexually oriented businesses referenced herein, since such secondary effects have been found by the Board of Selectmen and Planning Board of Stoneham and after other public input, to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town, adverse impacts on the quality of life in the Town, all of which secondary impacts are adverse to the health, safety and general welfare of the Town of Stoneham and its present and future inhabitants. The provisions of this bylaw have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose,
intent nor effect of this bylaw to restrict or deny access by adults to sexually oriented matter or materials protected by the Constitution of the United States or of the Commonwealth or Massachusetts, nor restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, distribute or exhibit such matter or materials. Neither is it the intent nor effect of this bylaw to legalize the distribution of obscene matter or materials.
Stoneham Planning Board
Article 22. Voted that the Town amend the Stoneham Town Code, Chapter 15, Zoning Bylaw by approving Article 22 of the October 26, 1998 Special Town Meeting Warrant in its entirety.
Presenter – waive reading of entire article – No change in substance of article.
UNANIMOUS
Reconsideration
Voted Down
Approved by AG – February 12, 1999
Article 23. To see if the Town will vote to amend the Stoneham Town Code Chapter 15, the Zoning By-Law map by: 1) placing the existing land and parcels in the Commercial District west of Interstate 93 and bounded by the Winchester town line in Commercial District II; 2) placing the existing land and parcels in the Commercial District west of Interstate 93 bounded by the Woburn city line in Commercial District III; and 3) re-labeling the remaining Commercial District to the east of Interstate 93 as Commercial District I as described on map on file with the Stoneham Town Clerk.
Stoneham Planning Board
Article 23. Voted that the Town amend the Stoneham Town Code Chapter 15, the Zoning By-Law map by:
Placing the existing land and parcels in the commercial district west of Interstate 93
And bounded by the Winchester town line Commercial District II;
2) Placing the existing land and parcels in the commercial District west on Interstates
93 bounded by the Woburn city line in commercial district III; and
3) Relabeling the remaining Commercial District to the east of Interstate 93 as
Commercial District I as described on map on file with Stoneham Town clerk.
UNANIMOUS
Reconsideration
Voted down
Approved by AG – February 12, 1999
Article 24. To see if the Town will vote to amend the Stoneham Town Code, Chapter 3, Animals, as follows:
By adding Section 3-5 as follows:
The fee for every dog license shall, except as otherwise provided; be nine
dollars ($9) for a male dog and eighteen dollars ($18) for a female dog, unless a certificate of a registered veterinarian who performed the operation that said female dog has been spayed and has thereby been deprived of the power of propagation has been shown to the town clerk, in which case the fee shall be nine dollars ($9). If the town clerk is satisfied that the certificate of the veterinarian who spayed the dog cannot be obtained, he may accept in lieu thereof a statement signed under the penalties of perjury by a veterinarian registered and practicing in the commonwealth, describing the dog and stating that he has examined such dog and that it appears to have been, and in his opinion has been, spayed and thereby deprived of the power of propagation or a receipt of a bill from the veterinarian who performed
the operation that spayed such female dog. No fee shall be charged for a license for a dog specially trained to lead or serve a blind person; provided, that the Massachusetts commission for the blind certifies that such a dog is so trained and actually in the service of a blind person.
No fee shall be charged for a license for a dog professionally trained in the hearing dog business to serve a deaf person; provided, that the director of the office of deafness certifies that such dog is so trained and actually in the service of the deaf person. No license fee or part thereof shall be refunded because of the subsequent death, loss, spaying, or removal from the commonwealth or other disposal of the dog, nor shall any license fee or part thereof paid by mistake be paid or recovered back after it has been paid over to the county under section one hundred and forty-seven. Other than as provided in this bylaw, the licensing provisions and requirements of the Massachusetts General Laws, including those contained in Chapter 140 of the General Laws, remain applicable.
Board of Selectmen
Article 24. Voted that the Town amend the Stoneham Town Code, Chapter 3, Animals, as follows:
By adding Section 3-5 as follows:
The fee for every dog license shall, except as otherwise provided; be seven dollars
($7) for a male dog and eleven ($11) for a female dog, unless a certificate of a registered veterinarian who performed the operation that said female dog has been spayed and has thereby been deprived of the power of propagation has been shown to the town clerk, in which case the fee shall be seven dollar ($7). If the town clerk is satisfied that the certificate of the veterinarian who spayed the dog cannot be obtained, he may accept in lieu thereof a statement signed under the penalties of perjury by a veterinarian registered and practicing in the commonwealth, describing the dog and stating that he has examined such dog and that it appears to have been,, and in his opinion has been, spayed and thereby deprived of the power of propagation or a receipt of a bill from the veterinarian who performed the operation that
spayed such female dog. No fee shall be charged for a license for a dog specially trained to lead or serve a blind person; provided, that the Massachusetts commission for the blind certifies that such a dog is so trained and actually in the service of a blind person. No fee shall be charged for a license for a dog professionally trained in the hearing dog business to serve a deaf person; provided, that the director of the office of deafness certifies that such dog is so trained and actually in the service of the deaf person. No license fee or part thereof shall be refunded because of the subsequent death, loss, spaying, or removal from the commonwealth or other disposal of the dog, nor shall any license fee or part thereof paid by mistake be paid or recovered back after is has been paid over to the county under section one hundred and forty-seven. Other than as provided in this bylaw, the licensing provisions and requirements of the Massachusetts General
Laws, including those contained in Chapter 140 of the General Laws, remain applicable.
UNANIMOUS
Article 25. To see if the Town will vote to delete Town By-Law Chapter 4 of the Town Code and replace with the following:
Sec. 4-2 Building Fee Schedule
The fee for all building permits shall be computed at the rate of $11.00 per thousand dollars ($1,000) of estimated construction cost (in the case of condominium and apartments-per unit) with the noted exceptions and additions noted below.
The estimated construction cost shall be computed by multiplying the gross floor area (sq. ft.) by the nation’s average square foot cost as published in the latest edition of “Means Cost Data” by R.S. Means Co., Inc., Duxbury, MA.
When work is started without the applicable permit, the applicable fee can be DOUBLED upon first notification, and can be TRIPLED subsequent to completion.
No fees paid are refundable or transferable.
Minimum Fee $ 30
Roofing, siding, above ground pools, minor repairs (less than $8,000) $ 30
Demolition $ 200
Moving a structure $ 500
Signs $11.00 per one thousand ($1,000) Dollars of estimated cost. Minimum fee $ 50
Plan Review
One and two family new construction $ 50
Commercial repair, alteration $ 100
Commercial new construction $ 200
Issuance of Occupancy Permit for existing structure $ 100
Issuance of Certificate of Inspection
Churches, low density recreation and similar uses, educational,
Child care centers, multi-family dwellings in excess of 2 units $ 40
Hospitals, nursing homes $ 75
Site Plan
Change of use $ 150 New construction/ addition
$ 300
Amended $ 100
Exception: No fee for Permit or Certification shall be required for Town of Stoneham structures.
Sec. 4-3 Numbering of Buildings.
Every occupied building shall have a street number affixed or painted to it unless otherwise exempted in writing by the Police or Fire Chief. The owners of every building shall comply with such order within ten days thereafter.
Board of Selectmen
Article 25. Voted that the Town delete Chapter 4, Section 4-2 of the Town Code and Substitute Sections 4-2 and 4-3 as described in Article #25 of the Warrant for the Special Town Meeting, Monday, October 26, 1998. The deletion of Section 4-2 and the substitution of the new Section 4-2 shall not be effective until January 1, 1999.
MAJORITY
Article 26. To see if the Town will vote to delete existing Town By-Law Chapter 5 of the Town Code and replace with the following:
Sec. 5-1 Electric Fee Schedule:
New Single and 2 family up to 200 amp service per unit- flat fee $300
New multi-dwelling unit per unit fee $150
Service change per 100 amp service $ 50
Existing residential
1-10 fixtures $ 15
Each additional fixture $ 1
Commercial new and existing
1-10 fixtures $ 25
Each additional fixture $ 1
Swimming Pools (both above and below ground) $ 30
Temporary service $ 25
Central Air Conditioning- Residential $ 35
Central Air Conditioning- Commercial $ 50
Fixed appliances $ 5
Electric heat per unit $ 5
Re-inspection fee $ 20
Carnivals $100
All other work (siding, oil or gas burners, etc.) $ 15
Note: Any work not begun in six (6) months after a permit is issued voids the permit
When work is started without the applicable permit, the applicable fee can be DOUBLED upon first notification and TRIPLED subsequent to completion.
No fees paid are refundable or transferable.
Sec. 5-2 Plumbing Fee Schedule:
Residential- new construction single family flat fee $150
Residential- new construction multi-dwelling per unit $ 75
Commercial- flat fee (1-5 fixtures) $ 50
Each additional fixture $ 5
All other work up to 5 fixtures $ 25
Each additional fixture $ 5
Re-inspection fee $ 20
Note: Any work not begun in six (6) months after a permit is issued voids the permit.
When work is started without the applicable permit, the applicable fee can be DOUBLED upon first notification and TRIPLED subsequent to completion.
No fees paid are refundable or reimbursable.
Sec. 5-3 Gas Fee Schedule:
Minimum permit-domestic (up to 3 fixtures) $ 25
Each additional fixture $ 5
Minimum permit-commercial/ multifamily (up to 3 fixtures) $ 40
Each additional fixture $ 5
Gas boiler, gas furnace, gas hot water heater $ 25
Note: Any work not begun in six (6) months after a permit is issued voids the permit.
When work is started without the applicable permit, the applicable fee can be DOUBLED upon first notification and TRIPLED subsequent to completion.
No fees paid are refundable or transferable.
Sec. 5-4 Notice of proposed placement of wires; permits for placement of wires.
Anyone proposing to place wires designed to carry a current of electricity for light, heat power purposes within a building shall give notice thereof to the inspector of wires before commencing any work. Upon receipt of such notice, a permit for the commencement of the work as described shall be issued by the inspector of wires if all legal requirements have been met. The inspector of wires shall be given full opportunity to inspect wires prior to covering or enclosure. No one shall connect to any source of electrical supply any wiring to be used for distribution until authorized by the inspector of wires.
Sec. 5-5 Gas Inspector— Establishment of position.
There shall be a gas inspector appointed by the Town Administrator whose duties shall be the enforcement of the rules and regulations set forth in Section 12H of Chapter 25 of the Massachusetts General Laws and any acts in amendment thereof and in addition thereto. No work on gas piping or gas systems may commence without first receiving a permit from the gas inspector.
Board of Selectmen
Article 26. Voted that the Town delete Chapter 5 of the Town Code and substitute Chapter 5, Sections 5-1,5-2,5-3,5-4, and 5-5 as described in Article #26 of the Warrant for the Special Town Meeting, Monday, October 26, 1998. These deletions and substitutions shall not be effective until January 1, 1999
UNANIMOUS
Article 27. To see if the Town will vote to amend the Stoneham Town Code, Chapter 5A, Stoneham Alarm Bylaw, as follows:
Section 5A-2(a)
Add “or fire” before the word “response”.
In clause (1) after the word “police” add – “or fire”.
In clause (2) after the word “police” add – “or the fire department”.
In clause (3) after the word “police” add – “or fire department”.
Section 5A-2©
After the word “line to police” add – “or fire department”.
After the word “the police” add – “or fire”.
Add “or fire” before the word “response”.
Section 5A-2(e)
After the word “police” add – “or fire”.
Section 5A-3
After the word “designee” add – “and Fire Chief or his designee”.
Amend the word “Administrator” to read “Administrators”.
Section 5A-5
Amend Section 5A-5 to read as follows: “There shall be an Alarm Appeal Board appointed by the Board of Selectmen which shall consist of the Town Administrator or his designee, the Chief of Police or his designee, the Fire Chief or his designee and four residents of the Town of Stoneham.”
Section 5A-7
Delete “Police Chief” and add “appropriate Administrator”.
Section 5A-8
Amend the word “Administrator” to read “Administrators”.
After the word “Police” add – “or Fire”.
Section 5A-9
After the words “Police Department” add – “or Fire Department”.
Section 5A-11
Delete the phrase: “When the Police has responded to a false alarm, the administrator shall impose a charge on the responsible alarm user according to the following schedule:” and substitute the following: “When the Police Department or Fire Department has responded to a false alarm, the appropriate Administrator shall impose a charge on the responsible alarm user according to the below referenced schedule. In instances where both the Police and Fire Departments respond to a false alarm, the Administrator shall be the Fire Chief.”
Section 5A-14
Add the following prior to the final sentence: “In the alternative, a non-criminal disposition penalty of fifty dollars ($50.00) for each offense may be imposed pursuant to Section 1-4A of these by laws. The additional enforcing persons shall be the Fire Chief.
Section 5A-16
After the word “police” add – “or fire”.
Section 5A-17
Add the following at the end of this Section: “In the alternative, a non-criminal disposition penalty of fifty dollars ($50.00) for each offense may be imposed pursuant to Section 1-4A of these by laws. The additional enforcing persons shall be the Fire Chief.
Board of Selectmen
Article 27. Voted that the Town amend the Stoneham Town Code, Chapter 5A, Stoneham Alarm Bylaw, as described in Article #27 of the Warrant for the Special Town meeting, Monday, October 26, 1998
UNANIMOUS
Article 28. To see if the Town will vote to amend Town By-Law Chapter 6-3. Of the Town Code by substituting the following:
Sec. 6-3. Refuse and Recycling Collection.
Refuse and recycling collection will be made throughout the Town on a schedule established by the Town Administrator. No collections of any refuse will be made at any time, or services in connection with disposal rendered to any commercial enterprise or apartment house where the number of apartments exceeds six, except that the town shall be obligated to provide refuse collection on a scheduled basis to residential condominium complexes.
No refuse or recycling material shall be put onto a public way or private way including sidewalks for the purposes of collection prior to 5:00 P.M. the day before scheduled collection day.
Board of Selectmen
Article 28. Voted that the Town amend Town By-Law chapter 6-3. of the Town Code by substituting the following:
Sec.6-3 Refuse and Recycling Collection.
Refuse and recycling collection will be made throughout the Town on a schedule established by the Town Administrator. No collections of any refuse will be made at any time, or services in connection with disposal rendered to any commercial enterprise or apartment house where the number of apartments exceeds six, except that the town shall be obligated to provide refuse collection on a scheduled basis to residential condominium complexes. No refuse or recycling material shall be put onto a public way or private way including sidewalks for the purposes of collection prior to 5:00 P.M. the day before scheduled collection day.
MAJORITY
Article 29 advanced to after article 17 and before article 18.
Article 29. To see if the Town will vote to amend the Town Code Chapter 13A Earth Removal by making the following changes:
Change: Title of the Chapter from Earth Removal to Alteration of Land
Replace existing Sections 13A-1 through 13A-4 with the following:
Sect. 13A-1 Permit Requirement
The placement or removal on a lot or movement within a lot of soil, loam, sand, gravel, minerals or other earth material for fill is prohibited without a permit issued by the Building Inspector, when:
The placement or movement of said fill is in excess of two hundred (200) cubic yards per lot during a twelve-month period, other than that incidental to the landscaping of buildings or structures, or for commercial resale, or
The placement or movement of said fill shall change the drainage characteristics of the land or lot so as to detrimentally affect abutting land.
The removal of greater than fifty (50) cubic yards of soil, loam, sand gravel or other mineral material during any twelve (12) month period.
The permit requirement set forth above, shall not be applicable to the placement or movement of fill on public land by the Town of Stoneham. Sections 13A-3, 13A-4, 13A-5, and 13A-6 shall be applicable to such fill operations, however.
Sec. 13A-2 Permit Process:
The application for a permit shall include the name of the property owner, the contractor placing the fill, the transportation company, and the origin, destination, composition and quantity of the material being placed, moved, or removed from the property.
The applicant shall provide the Building Inspector with plans prepared and stamped by a registered civil engineer showing the existing topography, proposed finished grade, required retaining walls, proposed footings (if any), as well as plans for drainage and control of run-off and erosion. Plans shall be reviewed by the Town Engineer, however, responsibility for the plan and design, and all consequences resulting therefrom, remain with the applicant, his engineer and contractor(s).
The Building Inspector may deny any application for a permit if the proposed placement or removal fill changes the drainage characteristics of the land or lot so as to detrimentally affect abutting land, or would endanger or threaten property or the safety of the public.
The cost of obtaining a permit under this Section shall be Twenty Dollars ($20.00). A copy of the permit shall be displayed in a conspicuous location at the site of filling.
Section 13A-3 Prohibited Material:
Placement or movement of any fill containing concrete, metal or steel, brick, block, plaster, wood lathe, bituminous, or other building materials, trees, stumps, heavy metals, hazardous material or other waste products, is prohibited, except for the following, if mixed with clean material and compacted in accordance with the Massachusetts State Building Code:
Non-reinforced concrete slabs if they are broken into pieces with the greatest surface area no greater than six (6) square feet in area.
Non-reinforced concrete blocks, curbing or other configurations with the longest side dimension no greater than three (3) feet or
Brick, either in pieces or in cemented aggregations, of three (3) feet or less in every dimension.
Section 13A-4 Fill Analysis:
The Building Inspector may request that the Board of Health determine whether a chemical analysis or other appropriate test of the fill shall be required.
Sec. 13A-5 Fill Operations:
All fill operations shall be carried out in a safe manner. The Building Inspector, may, if deemed necessary, require security fencing of suitable material, dimension and construction, surrounding the site.
Sec. 13A-6 Violations:
Any person found to be in violation of any part of Section 6.10 shall be subject to a fine of One Hundred Dollars ($100.00) for each day such violation continues. The Building Inspector shall have the authority to require the removal of any fill placed or moved in violation of this section. All costs of removal shall be borne by the violator(s).
Sec. 13A-7 Removal Regulations:
Removal for purposes other than sale. The removal of greater than fifty (50) cubic yards of soil, loam, sand, gravel, or other mineral material during any twelve (12) month period for purposes other than the sale of said material, shall be subject to the following restrictions and conditions:
Removal shall not take place within six (6) feet of a public way without written approval from the Director of Public Works.
If public safety requires; the building inspector may order that the owner erect a fence or barrier around the area of removal.
Upon completion, all land upon which construction does not occur shall be properly graded and except for areas of exposed ledge, covered with appropriate vegetation or ground cover to provide for proper drainage without erosion.
Removal for purposes of sale. The removal of greater than fifty (50) cubic yards of soil, loam, sand, gravel, or other mineral material during any twelve (12) month period for purposes other than the sale of said material, shall be subject to the following restrictions and conditions:
Permit. The removal of soil, loam, sand, gravel, or other material shall be prohibited, except under permit from the Board of Selectmen.
Written Application. Written application for a permit shall be made to the Board of Selectmen. The application shall describe the proposed operation and shall be accompanied by plans showing the current and proposed condition of all land within one hundred (100) feet from where the material is to be removed, regardless of ownership. The plans shall include existing property lines, location of buildings and structures, and topography at two (2) foot contour intervals.
Criteria. Prior to the granting of a permit, the Board of Selectmen shall give due consideration to the location of the proposed enterprise, the general character of the neighborhood, the effect of the proposed enterprise on the neighborhood, the safety of the general public, and all other relevant factors and circumstances.
Restrictions and conditions. The Board of Selectmen may impose such other restrictions and conditions to the issuance of a permit as it deems to be in the public interest, including, but not limited to methods of removal and transportation of materials, days and hours of operation and conditions of finished grade, cover or vegetation.
Performance Bond. A performance bond in an amount determined by the Board of Selectmen with a surety company registered to do business in the Commonwealth of Massachusetts may be required as a condition to the issuance of a permit.
Time Limit. No permit shall be granted for a period of greater than two years.
Exceptions. The provisions of this Section shall not be applicable to the removal or movement of soil, loam, sand, gravel or other mineral material from land in public use and shall not prohibit removal of said material when authorized pursuant to a permit or license issued by a town board, or when removal is in compliance with requirements of an approved subdivision plan.
Delete: Section 6.10 of Chapter 15.
Board of Selectmen
Article 30. To see if the Town will vote to amend Article 6 of the October 1997 Special Town Meeting relating to the water and sewer review board as follows: Delete: “The members shall not be employees or officials of the Town and shall serve for a three year period. And substitute: The members shall not be employees of the Department of Public Works and shall serve for a three year term or do anything in relation thereto.
Board of Selectmen
Article 30. Voted that the Town amend Article 6 of the October 1997 Special Town Meeting relating to the water and sewer review board as follows: Delete: “The members shall not be employees or officials of the Town and shall serve for a three year period. And substitute: The members shall not be employees of the Department of Public Works and shall serve for a three year term.
UNANIMOUS
Article 38
It was moved and seconded to advance Article 38 to go before Article 31 and follow article 30
UNANIMOUS
Article 38. Voted that the Town accept the Inspection of Property at Time of Sale or Transfer as described in Article #38 for the special Town Meeting, Monday, October 26, 1998, effective March 1, 1999 with the following changes:
The term “article” as appearing in two instances in Section 1 shall be replaced by the “By-law” in both instances.
Question moved
Motion defeated
Reconsideration
Voted down
Article 31. To see if the Town will vote to appropriate the sum of $407,877.00 which is in the amount to be received by the Town from the State Highway Funds Account Chapter 11 of the Acts of 1997, 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 31. Voted that the Town appropriate $407,877.00 which is the amount to be received by the Town from the State Highway Funds Account Chapter 11 of the Acts of 1997, 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
Article 32. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for construction, reconstruction or repair to sidewalks or do anything in relation thereto.
Board of Selectmen
Article 32. Voted that the Town transfer from the Surplus Revenue Account the sum of $120,000 for construction, reconstruction or repair to sidewalks.
UNANIMOUS
Article 33. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the construction, or reconstruction, of recreational facilities or do anything in relation thereto.
Board of Selectmen
Article 33. Voted that the Town transfer from the Surplus Revenue Account the sum of $30,000 for the construction or reconstruction of recreational facilities.
UNANIMOUS
Article 34. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the planting of public shade trees or do anything in relation thereto, win
Board of Selectmen
Article 34. Voted that the Town transfer from the Surplus Revenue Account the sum of $10,000 for the planting of public shade trees.
UNANIMOUS
Article 35. To see if the Town will vote to raise and appropriate a sum of money to implement certain rehabilitation and construction projects on the Town’s sanitary sewer system under the Massachusetts Water Resources Authority Assistance Program and the Town Treasurer, with the approval of the Board of Selectmen, be authorized to sell from time to time, as the occasion requires Town notes, bonds or other evidence of indebtedness in the amount not to exceed $441,700 in accordance with Chapter 44, Section 7 (1) of the Massachusetts General Laws and further to accept any grants or gifts for those project or do anything in relation thereto.
Board of Selectmen
Article 35. Voted that the Town appropriate the sum of $441,700
to implement certain rehabilitation and construction projects on the Town’s sanitary sewer system under the Massachusetts Water Resources Authority Assistance Program, and the Town Treasurer, with the approval of the Board of Selectmen, be authorized to sell from time to time, as the occasion requires, Town notes, bonds or other evidence of indebtedness in a total amount not to exceed $441,700 in accordance with Chapter 44, Section 7 (1) of the Massachusetts General Laws and further to accept any grants or gifts for these projects.
UNANIMOUS
Article 36. To see if the Town will vote to raise and appropriate a sum of money for the purpose of defraying the cost of conducting an engineering study of the Water Distribution System and develop a master plan which meets the requirements of the Massachusetts Department of Environmental Protection, determine in what manner the said appropriation shall be raised, from taxation, by transfer from available funds, by borrowing or otherwise or do anything in relation thereto.
Board of Selectmen
Article 36. Voted that the Town transfer from the Water Surplus Account the sum of $30,000 for the purpose of defraying the cost of conducting an engineering study of the Water Distribution System and develop a master plan which meets the requirements of the Massachusetts Department of Environmental Protection.
UNANIMOUS
Article 37. To see if the Town will vote to accept as Public Ways the following ways as laid out by the Town Administrator.
Robin Hood Road from previous acceptance southwesterly 358 feet, more or less, to cul-de-sac.
Martin Louis Way from Perkins Street westerly 308 feet, more or less, to cul-de-sac.
Sullivan Circle from Spring Lane southerly 485 feet, more or less, to cul-de-sac.
Sheffield Road from Avalon Road to Windsor Road 415 feet, more or less.
Rustic Road from previous acceptance southerly 331 feet, more or less, to Fieldstone Drive.
Magnolia Terrace from previous acceptance westerly to Rodgers Road 168 feet, more or less.
And authorize the Town Administrator to obtain by purchase, accept as a gift, take by eminent domain under the 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 further to raise and appropriate or transfer from available funds a sum of money for legal, engineering and related costs or do anything in relation thereto.
Board of Selectmen
Article 37. Voted that the subject matter of Article #37 be indefinitely postponed.
Motion to Indefinite postpone
Voted indefinite postponement
Article 38 advanced to before Article 31 and after Article 30
Article 38.
INSPECTION OF PROPERTY AT TIME OF SALE OR TRANSFER
Section 1. Purpose
This article, governing real property connected to the Town’s sanitary sewer system, is intended to be implemented upon transfer of real property, in a manner similar to that provided under 3 10 C.M.R. title 15.000. The purpose of this Article is to ensure that no real property be conveyed with any illegal connection to the Town of Stoneham wastewater collection system. To the extent the provisions set forth in these By-Laws vary from or are inconsistent with 3 10 C.M.R. Title 15.000, these rules and regulations shall govern.
Section 2. Definitions
“Person” – any individual, firm, association, partnership, corporation or chief executive officer or general manager of any firm, association, partnership or corporation, including heir, executor, administrator, and/or successor and assign.
“Illegal Connection” – any condition on any real property which permits the introduction into the public wastewater treatment system of any surface water or ground water not otherwise required by law to be treated as wastewater. This definition includes, but is not limited to, downspouts, roof drains, sump pumps, and surface water drains or pipes (“Infiltration/Inflow Conditions”)
“Transfer” – the conveyance of any interest in real property, with or without consideration, whether by deed, lease, assignment or any other form of transition and whether or not the transfer is to a person related by blood or marriage to the transferor, but including neither a mortgage nor a change in the form of ownership among the same owners (such as placing real property within a family trust of which the owners are the beneficiaries).
“Real Property” – any real property, except condominiums, on which is situated any building which has been improved with a connection to the public wastewater collection and treatment system operated by the Town (hereinafter “Town”).
“Certificate of Compliance” – a certificate issued by the Town of Stoneham Department of Public Works stating that such real property has been inspected and found to be in compliance with these By-Laws.
The DPW shall mean the Department of Public Works with final authority resting with the Director of Public Works.
Section 3. Application Procedure
Any person transferring any interest in any real property shall, prior to making such transfer, apply to the DPW for a certificate of compliance on a form provided by the Town and, upon receipt of a certificate of compliance, or of noncompliance, as applicable shall submit a copy of same to the buyer or other person acquiring title to such real property.
The DPW shall cause the real property to be inspected for compliance with these By-Laws and within five (5) business days shall issue a certificate of compliance, or shall issue a certificate of non-compliance which identifies the nature of the non-compliance and the action required by the applicant to achieve compliance. Failure of the DPW to conduct an inspection of the property or to issue a certificate of compliance or a certificate of non-compliance within said five (5) business day period shall be deemed as an approval of the application, provided the DPW has been given reasonable opportunity to access the premises within said five (5) business day period.
If weather conditions preclude inspection at the time of transfer, the inspection may be completed as soon as weather permits, by in no event later than six (6) months after the transfer. The seller shall notify the buyer in writing of the requirements of this By-Law. A Certificate of Compliance shall be valid for a period of two (2) years from the date of issuance. A Certificate of Compliance issued for a lot having a community connection to the sanitary sewer system and/or a community drainage system serving its improvements shall be deemed to apply to all real property then in existence on the lot at the time of issuance of the Certificate of Compliance for the life of the Certificate.
Section 4. Correction of Violations
If an applicant is notified of a violation and has corrected the non-compliance, he/she shall notify the DPW of the correction on a form provided by the Town. Within five (5) business days after receipt of the notice of correction, the DPW shall cause the real property to be reinspected. If the inspection demonstrates that the non-compliance has been corrected, the DPW shall issue a Certificate of Compliance within five (5) business days after completion of the inspection.
If a reinspection demonstrates that the non-compliance has not been corrected to this By-Laws of the Town, a second notice of non-compliance shall be issued to the applicant, and the procedure for correction and certification of correction shall be the same as for an original inspection. All non-compliance shall be corrected within six months of transfer of such real property.
Section 5. Prohibitions
No person shall cause or permit the introduction of surface water or ground water into the public wastewater treatment system operated by the Town in violation of these By-Laws.
No person shall use, modify, or alter any “illegal connection” in any way unless with approval by the DPW and in accordance with these By-Laws, to achieve compliance with these By-Laws.
No person shall fail to take necessary corrective actions, as directed by the DPW arising from an inspection and issuance of a certificate of non-compliance.
No person shall fail to obtain an inspection in accordance with there Rules and Regulations when and as required.
Section 6. Inspection Procedures
By making an application, the applicant grants the Town the right of entry onto the applicant’s property for the purpose of making the necessary inspection required under these By-Laws. Entry shall not occur except upon prior notice to the applicant and only during regular business hours or at another reasonable time acceptable to the applicant.
The inspection shall consist of one or more of the following procedures, as deemed applicable by the Director of Public Works.
Visual inspection of all exposed piping and drainage systems inside and outside of the building.
Smoke testing by a commonly accepted method; and/or
Dye testing by any commonly accepted method.
Section 7. Fees
Each application under this by-law shall be accompanied by a non-refundable application and inspection fee of $25; for every inspection required, the applicant shall pay an additional $15 reinspection charge.
Section 8. Penalties
Any person who violates any of the provisions of these By-laws shall be subject to a penalty pursuant to Section 1-4 and 1-4A of these By-Laws. The non-criminal disposition fine shall be $50 for each violation and the additional enforcing person shall be the Director of Public
Works. Each day that a violation continues after notice thereof has been provided to the violator shall be considered a separate violation.
Section 9. Severability
The sections and subsections of these By-Laws shall be deemed to be severable. A determination that any section or subsection of these By-laws is unenforceable shall not affect the enforceability of any other section or subsection.
Board of Selectmen
Article 39. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to the Stabilization Account or do anything in relation thereto.
Board of Selectmen
Article 39. Voted that the Town transfer from the Surplus Revenue Account to the Stabilization Account the sum of $200,000.
UNANIMOUS
Article 40. To see if the Town will vote to transfer from available funds a sum of money to carry out the provisions of Article 1 of the January 13, 1997 Special Town Meeting with respect to funding the creation of public parking and related open space, or do anything in relation thereto.
Board of Selectmen
Article 40. Voted that the Town transfer from available funds the sum of $150,000 to carry out the provisions of Article 1 of the January 13, 1997 Special Town Meeting with respect to funding the creation of public parking and related open space.
And further that the amount the Treasurer is authorized to borrow with the approval of the Selectmen, pursuant to Article 1 of the January 13, 1997 Special Town Meeting is reduced from $1,600,000 to $1,450,000.
YES NO
1
Motion Passes
Article 41. To see if the Town will vote to raise and appropriate a sum of money for litigation or do anything in relation thereto.
Board of Selectmen
Article 41. Voted that the Town transfer from the Surplus Revenue Account the sum of $20,000 for litigation.
UNANIMOUS
Article 42. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for cable TV license negotiations and administration or do anything in relation thereto.
Board of Selectmen
Article 42. Voted that the Town transfer from the Surplus Revenue Account the sum of $3,000 for cable TV license negotiations and administration.
UNANIMOUS
Article 43. To see if the Town will vote to accept the provisions of Section 288 of Chapter 194 of the Acts of 1998, the so called “Option C Pop-Up” provision of M.G.L. Chapter 32 or do anything in relation thereto.
Board of Selectmen
Article 43. Voted that the Town accept the provisions of Section 288 of Chapter 194 of the Acts of 1998, the so-called “Option C Pop-Up” provisions of M.G.L. Chapter 32.
UNANIMOUS
Article 44. To see if the Town will vote to authorize the Board of Selectmen, pursuant to M.G.L. c.40 sec.15A and c.40 sec.3, to transfer the care, custody, management and control of the lots described below to the Board of Selectmen for the purpose of their disposal, and to further authorize the Board of Selectmen to sell and convey said lots and take any action necessary thereto. For purposes of public notice the lots are described as follows:
Land known as Parcel 146a of Map 11 of the Town of Stoneham Assessor’s Office, situated on Hillside Avenue, and further bounded and described as follows:
Beginning at a point on the northerly sideline of Hillside Avenue, a public way, said point being 220.00 feet from the point of intersection of Hillside Avenue and High Street, a public way, the line runs northerly 182 feet, more or less; thence the line turns and runs easterly 40.2 feet, more or less; thence the line turns and runs southerly 186.00 feet, more or less, to a point on the northerly sideline of the aforementioned Hillside Avenue; thence the line turns and runs along said northerly sideline westerly 40.0 feet to the point of beginning.
Containing approximately 7376 sq. ft.
Land known as Lot 32 on Map 14 of the Town of Stoneham Assessor’s Office,
situated on Pond Street, recorded in Book 9919 Page 243 at the Middlesex South Registry of Deeds, and further described as follows:
Beginning at a point in the westerly sideline of Pond Street, a public way, said point being 383 feet, more or less, north of the point of intersection with High Rock Road, the line runs westerly 149 feet, more or less, to a point; thence the line turns and runs northerly, 526 feet, more or less; easterly 23 feet, more or less; northerly, 20 feet, more or less; and easterly 215 feet, more or less, to another point in the westerly sideline of Pond Street; thence
the line turns and runs along said westerly sideline southerly by four courses; southerly 22 feet, more or less, to a point of curvature; by a curve to the right of radius 1156.51 feet, 304.96 feet to a point; southerly 100 feet, more or less, to a point; and turning and running southerly 75.37 feet, to the point of beginning.
Containing approximately 104,000 sq. ft.
Land shown as lot 12A on plan 655 of 1961 on file at the Middlesex South Registry of
Deeds in Book 9802 Page 352 of May 5, 1961, and further bounded and described as follows:
Beginning at a point 43.06 feet north of the northerly sideline of Brookbridge Road, a
public way, the line runs south 78-24-55 west, 134.54 feet, along the rear lot line of lot 12, #20 Brookbridge Road, to a point; thence the line turns and runs north 78-24-55 east, 128.32 feet to a point; thence the line turns and runs south 25-33-40 east, 25.76 feet, to the point of beginning.
Containing approximately 3,286 sq. ft.
Land shown as Lots 34 & 51 on Map 2 of the Town of Stoneham Assessor’s Office,
situated on Spring Street, and further bounded and described as follows:
Beginning at a point in the easterly sideline of Spring Street, said point being 120
feet, more or less, north of the Stoneham/Wakefield Town Line, the line runs northerly by a curve to the right of radius 625.65 feet along said easterly sideline, 181.1 feet, more or less, to a point; thence the line turns and runs easterly 147.41 feet, more or less, to a point; thence the line turns and runs southerly 40 feet, more or less, to a point; thence the line turns and runs easterly 31 feet, more or less, to the Stoneham/Wakefield Town Line; thence the line turns and runs by said Town Line southwesterly 178 feet, more or less, to a point; thence the line turns and runs westerly 94 feet, more or less, to the point of beginning.
Containing approximately 27,500 sq. ft.
Or do anything in relation thereto.
Board of Selectmen
Article 44. Voted that the Town vote , pursuant to Chapter 40, Sections 3 and 15A of the General Laws , to authorize the board of Selectmen to transfer and convey all of the town’s right, title and interest in and to the parcels of land as described below, or however such parcels may be bounded and described, in accordance with applicable law.
1. Hillside Avenue
A certain parcel of land shown as Parcel 146A on Map 11 of the Town of Stoneham Assessor’s Office, situated on the northerly line of Hillside Avenue, and further bounded and described as follows:
Beginning at a point on the northerly sideline of Hillside Avenue, a public way, said point being approximately 220 feet from the point of intersection of Hillside Avenue and High Street, a public way;
Thence the line turns and runs northerly 182 feet, more or less to a point;
Thence the line turns and runs easterly 40.2 feet, more or less to a point;
Thence the line turns and runs southerly 186 feet, more or less, to a point on the northerly sideline of the aforementioned Hillside Avenue;
Thence the line turns and runs along said northerly sideline westerly 40 feet, more or less, to the point of beginning.
Containing approximately 7,376 sq. ft.
Off Brookbridge Road
A certain parcel of land shown as lot 12A on plan no. 655 of 1961 on file at the Middlesex South Registry of Deeds in Book 9802 Page 352 located off the northerly line of Brookbridge road, and further bounded and described as follows:
Beginning at a point located 43.06 feet north of the northerly sideline of Brookbridge Road, a public way;
thence the line runs S 78 degrees 24’ 55” W, 134.54 feet, along the rear lot line of lot 12 as shown on the above-referenced plan to a point;
thence the line turns and runs N 11 degrees 35” 05 W, 25.00 feet to a point;
thence the line turns and runs N 78 degrees 24’ 55” E, 128.32 feet to a point;
thence the line turns and runs S 25 degrees 33’ 40” E, 25.76 feet to the point of beginning.
Containing approximately 3,286 sq. ft
Spring Street
A certain parcel of land shown as lot 51 on Map 2 of the town of Stoneham Assessor’s Office situated on the easterly line of spring Street, and further bounded and described as follows:
Beginning at point in the easterly sideline of Spring , a public way, said point being 120 feet, more or less, north of the Stoneham/Wakefield Town Line;
Thence the line runs northerly by a curve to the right of radius 625,65 feet along said easterly sideline of spring Street, 181.1 feet, more or less, to a point ;
Thence the line turns and runs easterly 147.41 feet, more or less, to a point;
Thence the line turns and runs southerly 120 feet, more or less, to the Stoneham/Wakefield town Line;
Thence the line turns and runs by said Town Line southwesterly 75 feet, more or less, to a point;
Thence the line turns and runs westerly 94 feet, more or less, to the point of beginning.
Containing approximately 25,775 sq. ft.
Spring Street
A certain parcel of land shown as lot 34 on Map 2 of the Town of Stoneham Assessor’s Office, situated off the easterly line of Spring Street, and further bounded and described as follows:
Beginning at a point on the Stoneham/Wakefield town Line adjacent to lot 51 on said map 2;
thence the line runs along northerly along the Stoneham/Wakefield Town Line 90 feet, more or less, to a point;
thence the line turns and runs westerly 31 feet, more or less, to a point;
thence the line turns and runs southerly 80 feet, more or less, to the point of beginning.
Containing approximately 1,725 sq. ft.
Question moved
Voted to amend Article 44.
By deleting No. 3 – Spring Street known as Lot 51 on Map 2 of the Assessor’s Office.
Main motion as amended
UNANIMOUS
Article 45. To see if the Town will vote to accept Irving Street as laid out by the Town Administrator as a public way. And further authorize the Town Administrator to obtain by purchase, accept as a gift, take by eminent domain under the 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 way and further raise and appropriate or transfer from available funds a sum of money for said acquisition of land or interest in land, and for legal, engineering and related costs or do anything in relation thereto.
School Building Committee
Article 45. Voted that the Town accept that portion of Irving Street as laid out by the Town Administrator as a public way, bounded and described as follows:
Beginning at a point on the southerly sideline of Summer Street and the westerly sideline of Irving Street the line runs along the southerly line of Summer Street south 69-39-50 east, 34.39 feet; thence the line turns and runs south 15-38-30 west, 203.44 feet; thence the line turns and runs south 74-24-33 east, 6.15 feet; thence the line turns and runs 15-38-30 west, 10.83 feet; thence the line turns and runs north 74-24-33 west, 5.17 feet; thence the line turns and runs south 15-38-30 west, 64.10 feet; thence the line turns and runs north 74-24-33 west, 34.69 feet; thence the line turns and runs along the westerly line of Irving Street, north 15-38-30 east, 281.21 feet, to the point of beginning; and containing 9,639 square feet.
All according to the Street Acceptance Plan for Irving Street, Stoneham, Massachusetts”, dated October 15, 1998, by Hayward-Boynton and Williams, Inc., land surveyors and civil engineers, Taunton, Massachusetts.
And further authorize the Town Administrator or board of Selectmen to obtain by purchase, accept as a gift, take by eminent domain under the provisions of chapter 82, Section 24, Chapter 79, Chapter 80A or other applicable provision(s) of the General Laws or otherwise acquire any land or interest in land necessary or proper for the acceptance and construction of such way and the acquisition of Construction Easements A and B as shown on the above referenced Street Acceptance Plan for Irving Street, bounded and described as follows:
Construction Easement “A” – Beginning at a point on the southerly sideline of Summer Street and the easterly sideline of Irving Street, thence running along the easterly sideline of Irving Street south 15-38-30 west, 202.96 feet; thence turning and running north 74-24-33 west, 6.15 feet; thence turning and running north 15-38-30 east, 203.44 feet to Summer Street; thence turning and running along the southerly line of Summer Street south 69-39-50 east, 5.73 feet to the point of beginning; and containing 1205 square feet.
Construction Easement “B” – Beginning at a point on the northerly sideline of Cliff Street and the westerly sideline of Irving Street thence running along the westerly sideline of Irving Street north 15-38-30 east, 91.17 feet; thence turning and running south 74-24-33 east, 34.69 feet; thence turning and running north 15-38-30 east; 64.10 feet; thence turning and running south 74-24-33 east, 5.17 feet; thence turning and running along the easterly line of Irving Street south 15-38-30 west; 160.40 feet to the northerly line of Cliff Street; thence turning and running along the northerly line of Cliff Street north 67-06-50 west, 40.32 feet to the point of beginning; and containing 4085 square feet.
Said Construction Easements A and B to expire on December 31, 2000 unless previously extinguished or released by an instrument executed by the Town Administrator or board of Selectmen and recorded at the Middlesex South District Registry of Deeds.
Question moved
UNANIMOUS
Dissolve Special Town Meeting 10:45 PM
UNANIMOUS
John J. Hanright
Town Clerk
And you are directed to serve this Warrant by posting attested copies in at least ten (10) or more public places in the town fourteen days at least before the time for holding said meeting and by causing an attested copy to be published in some newspaper in the town, the publication to be not less than three days before said meeting.
Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place aforesaid.
Given unto our hands this sixth day of October in the year of our Lord nineteen hundred and ninety-eight.
Albert B. Conti, Chairman
John W. Biggio
Cosmo M. Ciccarello
Patrick F. Jordan, Jr.
Anthony C. Kennedy
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