Town of Littleton, Massachusetts - May 5, 2008 Annual Town Meeting

To see if the Town will vote to raise and appropriate, and/or transfer from available funds, and or borrow a sum or sums of money, to be expended by the respective Departments or Officers indicated, for the capital projects and purchases itemized and described, or to take any other action in relation thereto.

A. Police Cruisers - leases: $54,000 to be expended by the Police Department for the purpose of leasing four (4) police cruisers. Said payment will cover the second year's payments of three-year leases for two vehicles, and the first year's payments of three-year leases for two additional vehicles.

B. Police office trailer lease: $13,000 to be expended by the Police Department for the purpose of leasing an office trailer for the Police Department. Said payment will cover the second year’s payment of a three-year lease.

C. Fire Equipment Maintenance: $16,000 to be expended by the Fire Department for the purpose of major equipment repairs and upkeep.

D. Fire Department Leased Vehicle: $6,000 to be expended by the Fire Department to lease a vehicle for Fire Department. Said payment will cover the second year’s payment of a five-year lease.

E. Highway Equipment Maintenance: $15,000 to be expended by the Highway Department for the purpose of major equipment repairs and upkeep.

F. Highway 1-Ton Dump Truck with Plow: $55,000 to be expended by the Highway Department for the purpose of purchasing a new 1 ton 4x4 vehicle with plow as a replacement for an existing vehicle.

G. Highway Lawnmower: $25,000 to be expended by the Highway Department for the purpose of purchasing a new Front Deck Lawnmower as a replacement for the existing 1989 John Deere.

H. Highway Sidewalk Plow: $45,000 to be expended by the Highway Department for the purpose of leasing a new sidewalk plow as a replacement for the existing 1973 Bombardier. Said payment will cover the first year’s payment of a three-year lease.

I. Town Technology: $16,000 to be expended by the Information Technology Department for the purpose of purchasing new and replacement computer systems and accessories for various Town Departments, including a replacement server and network router..

J. Long Lake Septic System: $15,000 to be expended by the Park & Recreation Commission for the purpose of installing a septic system at Long Lake.

Article 10 - Planning Board - Zoning Amendment: Aquifer and Water Resource District

To see if the Town will vote to amend the Town Code, to modify the “Aquifer and Water Resource District” bylaw, section 173-63 Design and operation guidelines. Subsection D. Drainage by deleting the word “all” from the first sentence; or take any other action in relation thereto.

Motion: Moved and seconded by the Planning Board that the Town vote to amend the Town Code, to modify the “Aquifer and Water Resource District” bylaw, section 173-63 Design and operation guidelines. Subsection D. precisely as set forth in Article 10 as printed in the warrant.
Planning Board supports Article 10. Board of Selectmen has no position on Article 10.
Declared passed by a unanimous vote (2/3rds vote required). So voted.

Article 11 - Voters’ Petition - Zoning Amendment: Rezone Certain Parcels to Business District

To see if the Town will vote to re-zone the following parcels located in the Town of Littleton to Business District (B): Map U11, Parcel 4-3, Map U6, Parcels 4-1 and 4-2; or to take any other action in relation thereto. [Note: withdrawn by petitioners, 4/8/08]

Planning Board does not have a report and recommendation under MGL C.40A,§5. Board of Selectmen has no position on Article 11.

Town Meeting took no affirmative action on Article 11.

Article 12 - Voters’ Petition - Zoning Amendment: Rezone Certain Parcels to Business District

To see if the Town will vote to re-zone the following parcels located in the Town of Littleton to Business: Map U5, Parcels 1, 2 & 2-1; Map U6, Parcels 2, 3, and 2-5; or to take any other action in relation thereto.

Planning Board does not have a report and recommendation under MGL C.40A,§5. Board of Selectmen has no position on Article 12.
Town Meeting took no affirmative action on Article 12.

Article 13 - Voters’ Petition -By-law Amendment: Junk & Debris

To see if the Town will vote to amend the General By-laws for the Town of Littleton by adding:

Chapter 116, Junk & Debris.

116-1. No owner of private property shall keep in the public view, on any lot, in any residential district any substantial amount of junk & debris for more than a reasonable amount of time.

116-2. Definitions

116.2.1 Junk & Debris includes but is not limited to the collection of paper, trash, rags, plastics, batteries, tires, scrap metal, scrap construction materials, appliances, mattresses, machinery, machinery parts, vehicle parts, trash furniture, or other items not defined as a structure in accordance with the Massachusetts building Code and the Zoning by-laws, which is not in active use for any purpose authorized in a residential district.

116.2.2. Public View shall refer to junk and debris visible from either (i) any property line at six (6) feet or less above ground level, or (ii) by any immediately direct abutter from any place within that immediately direct abutter’s residence.

116.2.3. Substantial Amount shall mean a quantity of material that occupies more than 375 cubic feet in the aggregate on any lot or a quantity of materials of repetitive quantity more than two (2).

116.2.4. Reasonable amount of time shall be thirty (30) days.

116.2.4. Hearing shall mean a proceeding before the Town Administrator for the purpose of either: appealing the decision of the enforcement officer; or to request an extension of time for the purpose of compliance. Said extension of time may only be granted in instances where an inventory of items is documented to the satisfaction of the enforcement officer and submitted to the Town Administrator along with a progress schedule clearly defining a timetable for compliance. Any action by the enforcing officer shall be suspended until such time a decision is issued by the Town Administrator.

116.3 Conditions existing as of the date of this enactment this chapter which meet the definition of substantial amount of junk & debris must be brought into compliance within ninety (90) days of the date of the approval of this By-law.

116.4 Action under this Chapter shall not bar any separate action initiated by any other Town Board, Committee, or Department under the provisions of this By-law or by regulation.

116.5 Any Town employee(s) so designated for this work (“enforcement officer”) by the Town Administrator shall enforce this By-law. The first notice of violation issued by the enforcement officer shall be a written warning. The owner shall then have thirty (30) days within which to remedy and cure the violation or to formally request in writing a hearing before the Town Administrator. If after thirty (30) days the violation has not been remedied or a hearing has not been requested before the Town Administrator, the enforcement officer may issue subsequent written notices of violation with fines of not more than one hundred ($100) for each offence. Each day that such violation continues shall constitute a separate offence until deemed remedied by the enforcement officer. Any future action taken within a 12 month period after remedy of the violation under this section shall be deemed a continuing violation.

116.6 Any citizen against whom a notice of violation is issued under this By-law shall have the right for a hearing before the Town Administrator and following said hearing, the Town Administrator shall within a reasonable period of time thereafter, issue a decision. From the date that such a hearing request is received by the Town Administrator until the date that a decision is issued, all the deadlines stated in section 116.5 shall be temporarily stayed.

116.6 The provisions of this by-law shall not apply to properties Assessed as agricultural or horticultural land pursuant to Massachusetts General Laws Chapter 61A.

Or to take any other action in relation thereto.

Motion offered by petitioners: Moved and seconded that the Town vote to amend the General By-laws for the Town of Littleton by adding Chapter 116, Junk & Debris, as printed in the warrant, with the following amendments: From Section 116.2.1, Junk & Debris, strike the word, “machinery”; From Section 116.2.2, Public View, strike the wording “either (i)” and “or (ii) by any immediate direct abutter from any place within that immediate abutter’s residence”; From Section 116.2.3, Substantial Amount, change “375 cubic feet” to “1,000 cubic feet” and strike the wording “or a quantity of materials repetitive in quantity more than (2)”

Board of Selectmen does not support Article 13.

Article does not pass.

Article 14 - Board of Selectmen - Community Preservation Act

To see if the Town will act on the report of the Community Preservation Committee on the fiscal year 2009 community preservation budget and to appropriate or reserve for later appropriation a sum or sums of money from Community Preservation Fund annual revenues or available funds for the administrative expenses of the Community Preservation Committee, the payment of debt service, the undertaking of community preservation projects and all other necessary and proper expenses for the year, or to take any other action in relation thereto.

Motion: Moved and seconded by the Community Preservation Committee that the Town vote to appropriate or reserve from Community Preservation Fund annual revenues the amounts recommended by the Community Preservation Committee for committee administrative expenses, community preservation projects and other expenses in Fiscal Year 2009, with each item to be considered a separate appropriation: Open Space Reserve, $20,000; Historic Resources Reserve, $20,000; Community Housing Reserve, $20,000; administrative expenses, $5,000; and budgeted reserve, $135,000.

Community Preservation Committee supports Article 14.

Declared passed by a majority vote. So voted.

Article 15 - Board of Selectmen/Personnel Board - Personnel By-law Amendments

To see if the Town will vote to amend Chapter 33 of the Town Code, Personnel, by deleting Schedule A thereof and replacing it with the following Schedule A and Schedule B:

TOWN OF LITTLETON, MASSACHUSETTS

FY 2009 CLASSIFICATION & COMPENSATION PLAN

SCHEDULE A

GRADE

STEP 1

STEP 2

STEP 3

STEP 4

STEP 5

STEP 6

STEP 7

1

hourly

$8.64

$8.95

$ 9.26

$ 9.59

$ 9.91

$10.27

$10.63

annual

$18,040.32

$18,687.60

$19,334.88

$20,023.92

$20,692.08

$21,443.76

$22,195.44

2

hourly

10.75

11.13

11.53

11.93

12.35

12.78

13.23

annual

22,446.00

23,239.44

24,074.64

24,909.84

25,786.80

26,684.64

27,624.24

3

hourly

13.51

13.99

14.48

15.00

15.51

16.06

16.61

annual

28,208.88

29,211.12

30,234.24

31,320.00

32,384.88

33,533.28

34,681.68

4

hourly

15.55

16.09

16.64

17.24

17.84

18.47

19.12

annual

32,468.40

33,595.92

34,744.32

35,997.12

37,249.92

38,565.36

39,922.56

5

hourly

16.33

16.88

17.47

18.10

18.74

19.38

20.06

annual

34,097.04

35,245.44

36,477.36

37,792.80

39,129.12

40,465.44

41,885.28

6

hourly

17.14

17.74

18.35

18.99

19.67

20.35

21.06

annual

35,788.32

37,041.12

38,314.80

39,651.12