May 7, 2018 Annual Town Meeting

ARTICLE 1 - Board of Selectmen - Town Officers
To choose all Town Officers and Committees necessary to be chosen at the Annual Town Meeting.
Motion: Moved and seconded by the Board of Selectmen that the following Officers be chosen for the year 2019: Fence Viewers: Timothy Harrison Whitcomb, Joseph Knox; Field Driver: Raymond C. O’Neill; Surveyor of Timber & Measurer of Wood Bark: Henry Parlee; Measurers and Weighers of Grain, Hay, Coal and Livestock: Tom Wood, Ron Polack, Michelle Roche, Cindy McNiff & Peter Wormell.
Board of Selectmen supports Article 1.
[Call of the Articles: approved by declared 2/3rds vote]

ARTICLE 2 - Board of Selectmen Annual Report
To hear and act upon the reports of the Town Officers and Committees.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to receive the reports of the Town Officers and Committees as contained in the 2017 Annual Town Report. 
Board of Selectmen supports Article 2.
[Call of the Articles: approved by declared 2/3rds vote]

[Financial Articles]

ARTICLE 3 - Board of Selectmen - FY 2019 Revolving Funds
To see if the Town will vote pursuant to Town Code Chapter 18, Finances, Article V, Departmental Revolving Funds, which established and authorizes revolving funds governed by General Laws Chapter 44, § 53E½ for use by town departments, boards, committees, agencies and officers in connection with the operation of programs or activities that generate fees, charges or other receipts to support all or some of the expenses of those programs or activities, to establish the following annual expenditure limitations pursuant to §18-12(C) for the fiscal year beginning July 1, 2018 and ending June 30, 2019, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 3 as printed in the warrant.
Finance Committee and Board of Selectmen support Article 3.
[Call of the Articles: approved by declared 2/3rds vote]

ARTICLE 4 - Finance Committee/Board of Selectmen - FY 2019 Operating Budget
To see if the Town will vote to raise and appropriate, transfer from available funds in the treasury or transfer from the Enterprise and Trust Funds, such sums of money to defray the expenses of the various departments of the Town and to fix the salary and compensation of all elected officials for the Fiscal Year beginning July 1, 2018, or to take any other action in relation thereto.
Motion: Moved and seconded by the Finance Committee that the Town vote to raise and appropriate the sum of $44,594,838, transfer $522,897 from Undesignated Fund Balance, and transfer from the funds specified herein the sum of $1,358,064, for a total of $46,475,799 to defray the expenses of the various departments of the Town as specified herein and to fix the salary and compensation of all elected officials for the Fiscal Year beginning July 1, 2018.

Finance Committee, Board of Selectmen, and School Committee support Article 4. 
[Call of the Articles: approved by declared 2/3rds vote]

ARTICLE 5 - Board of Selectmen - Use of Debt Exclusion Stabilization Fund for FY 2019 Excluded Debt [2/3rds vote required]
To see if the Town will vote to transfer from the Debt Exclusion Stabilization Fund established by Article 12 of the May 2, 2016 Special Town Meeting for the purpose of reducing the amount of existing debt service and/or the amount of debt needed to be placed when final bonding occurs for borrowing authorizations, both having been exempted from the provisions of Proposition 2 1/2, an amount of up to $338,236.39 to apply to pay for excluded debt service for the fiscal year beginning July 1, 2018, or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 5 as printed in the warrant. 
Finance Committee and Board of Selectmen support Article 5.
[Call of the Articles: approved by declared 2/3rds vote]

ARTICLE 6 - Board of Water Commissioners - FY 2019 Water Enterprise Fund Operating Budget
To see if the Town will vote to appropriate $4,024,533 or any other sum or sums of money from the Water Enterprise Fund to finance the operation of the Water Department for the fiscal year beginning July 1, 2018 (detail below), or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Water Commissioners that the Town vote to approve Article 6 as printed in the warrant.
Finance Committee, Board of Water Commissioners, and Board of Selectmen support Article 6.

Motion: Moved and seconded by the Park & Recreation Commission that the Town vote to approve Article 7 as printed in the warrant.
Finance Committee, Park & Recreation Commission, and Board of Selectmen support Article 7.
[Call of the Articles: approved by declared 2/3rds vote]

To see if the Town will vote to raise and appropriate, 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, and for costs incidental and related thereto, or to take any other action in relation thereto.

I. POLICE DEPARTMENT

1. Police Patrol Vehicle Replacement - $60,965 to be expended by the Police Department for replacement of one police patrol vehicle with a Ford Police Inceptor.
2. Police Administrative Vehicle Replacement - $67,427 to be expended by the Police Department for replacement of one unmarked police administrative vehicle.
3. Police Public Safety Radio Maintenance - $11,580 to be expended by the Police Department for a maintenance agreement to cover public safety and public works radio system infrastructure.
4. Police Vehicle Maintenance -$7,500 to be expended by the Police Department for tire replacement and equipment maintenance of its fleet of vehicles.
5. Interior Painting - $3,500 to be expended by the Police Department to repaint the interior squad room and offices at Littleton Police Department Headquarters.

II. FIRE DEPARTMENT

1. Fire Major Equipment Repair -$25,000 to be expended by the Fire Department for major equipment repairs and upkeep.
2. Protective Clothing Replacement - $12,000 to be expended by the Fire Department for the fifth year of an annual replacement program for turnout gear.
3. Ladder 2 Replacement - $200,000 to be expended by the Fire Department as a local match for a grant application submitted to the FEMA Assistance to Firefighters Grant program to replace a 1988 Seagrave Ladder truck at a total cost of $1,250,000.
4. Technical Rescue Equipment - $10,000 to be expended by the Fire Department for confined space rescue equipment.

III. HIGHWAY DEPARTMENT

1. Highway Major Equipment Repair - $18,000 to be expended by the Highway Department for major equipment repairs and upkeep.
2. Wide Format Color Plotter/Scanner - $35,000 to be expended by the Highway Department to purchase equipment to digitize existing paper plans.
3. Mack 6 Wheel Dump Truck Replacement - $250,000 to be expended by the Highway Department to Replace a 1992 Mack 6 Wheel Dump Truck with Plow/Attachments.
4. Street Sign Replacements - $20,000 to be expended by the Highway Department to Replace Street Signs should new speed limits be adopted per the 10/30/17 STM Article 15 passage.

IV. SCHOOLS

1. Technology, Chromebook Replacements - $135,000 to be expended by the School Committee to replace miscellaneous technology equipment, computer laptops, and Chromebooks.
2. School Resource Materials - $100,000 to be expended by the School Committee for School resource materials, textbooks, and training.
3. AED Devices – $6,600 to be expended by the School Committee for four automated external defibrillator (AED) devices for the High School fields and track.
4. Washer/Dryer replacement - $5,000 to be expended by the School Committee to purchase and install new washer/dryer equipment at the High School.
5. Playgrounds - $15,000 to be expended by the School Committee to purchase mulch needed for the Shaker and Russell Street playgrounds.
6. Lighting Control System - $15,000 to be expended by the School Committee for replacement of the High School parking lot and external lighting control system.
7. Snow Removal Truck - $55,000 to be expended by the School Committee to replace a School-owned plow truck.

V. CEMETERY

1. Leaf Vac replacement - $12,000 to be expended by the Cemetery Commission for the replacement of a 1993 Giant-Vac leaf vacuum.
2. Property Master Plan - $10,000 to be expended by the Cemetery Commission to develop a master plan of the property donated by Charlotte Hartwell for future build out.
3. Kubota RTV Utility Vehicle Replacement - $30,000 to be expended by the Cemetery Commission to replace the existing 2004 utility vehicle.
4. Niche Structure - $39,000 to be expended by the Cemetery Commission to design and construct a niche structure for cremated remains.

VI. LIBRARY

1. Furnishings replacement - $7,500 to be expended by the Library Trustees for the replacement of worn and damaged furnishings.

VII. PARK & RECREATION

1. Recreation Major Equipment and Repairs - $50,000 to be expended by the Park and Recreation Commission for major equipment/facility repair and maintenance.
2. Sailboats - $10,000 to be expended by the Park and Recreation Commission to purchase Sunfish sailboats for sailing programs.
3. Open-Air Cinema Equipment - $13,000 to be expended by the Park and Recreation Commission to purchase projection and technical equipment to facilitate an open-air cinema location.

VIII. FACILITIES AND INFRASTRUCTURE

1. Facility Capital Improvements Recommendations – $431,999 to be expended by the Permanent Municipal Building Committee to implement recommendations of the Facility Needs Assessment Study.
2. Town Building Space Needs - $200,000 to be expended by the Board of Selectmen to address Town building space needs.
3. Town Offices Meeting Room 307 Upgrades- $22,600 transferred from the LCTV PEG Access and Cable Related Fund, to be expended by Littleton Community Television and the Permanent Municipal Building Committee for HD camera upgrades to Town Offices Meeting Room 307.
4. Stormwater MS4 Permit Needs - $100,000 transferred from the Spectacle Pond Cell Tower Clean Lakes Fund established by Article 6 of the May 8, 2000 Special Town Meeting, to be expended by the Board of Selectmen for a third year of funding to address compliance issues with new MS4 Stormwater Permit.
5. Mill Pond Dredging - $68,550 transferred from the Spectacle Pond Cell Tower Clean Lakes Fund established by Article 6 of the May 8, 2000 Special Town Meeting, to be expended by the Clean Lakes Committee as part of the Town’s share of the Federally funded project, estimated at $3,000,000.
6. Littleton Common Smart Sewer Design - $1,500,000 to be expended by the Board of Selectmen to pay costs of design to sewer the Littleton Common area, including the payment of all costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Selectmen, is authorized to borrow said amount under and pursuant to M.G.L. c. 44, §7(7) or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor. The Selectmen are authorized to determine and assess betterments upon all properties benefited by these improvements. In accordance with M.G.L. c. 44, §20, the premium received by the Town upon the sale of any bonds or notes authorized by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to pay project costs and the amount authorized to be borrowed pursuant to this vote shall be reduced by the amount of any such premium so applied.
7. Master Plan - $10,000 to be expended by the Planning Board for needs associated with implementation of the Town’s Master Plan.

Motion 1: Moved and seconded by the Board of Selectmen that the Town vote to raise and appropriate $704,070; transfer $191,150 from the funds named herein and $1,162,001 from the Undesignated Fund Balance; for a total of $2,057,221, for capital projects and purchases itemized and described in Article 8, Sections I to VII, and Items A to E and Item G in Section VIII, as printed in the warrant.
Finance Committee, Board of Selectmen, and School Committee support Article 8, Sections I to VII, and Items A to E and Item G in Section VIII.
[Call of the Articles: approved by declared 2/3rds vote]

Item VIII-F, Littleton Common Smart Sewer Design, withdrawn by the Board of Selectmen.
No affirmative action to be taken under Item VIII-F of Article 8.

ARTICLE 9 - Community Preservation Committee - FY 2019 Community Preservation Budget [2/3rds vote required]
To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the Fiscal Year 2019 Community Preservation Budget, to appropriate or reserve from FY 2019 Community Preservation Fund annual revenues and reserves the following amounts, as recommended by the Community Preservation Committee, with each item considered a separate appropriation:
1. Administrative Expenses - $5,000 from FY 2019 CPA Surcharge; 
2. Debt Service for Prior Issues – $90,388 from FY 2019 CPA Surcharge, of which $75,988 is for Open Space and $14,400 is for Historic Preservation;
3. Open Space Reserve - $37,352 to Open Space Reserve from FY 2019 CPA Surcharge; 
4. Community Housing Reserve - $37,352 to Community Housing Reserve from FY 2019 CPA Surcharge;
5. Undesignated Reserve - $9,167 to Undesignated Reserve from FY 2019 CPA Surcharge;
6. Regional Housing Services - $5,000 from FY 2019 CPA Surcharge for Community Housing;
7. Parks & Recreation Bathhouse Construction at Long Lake property - $400,000, of which $56,670 is from FY 2019 CPA Surcharge for Recreation and $343,330 is transferred from Recreation Fund Balance;
8. Cemetery Liberty Square Monument - $9,900 from FY 2019 CPA Surcharge for Historic Resources; and
9. Acquisition of Baker Homestead, 12 Robinson Road - $250,000, of which $32,370 is from FY 2019 CPA Surcharge for Historic Resources and $217,630 is from Historic Resources Fund Balance, for the acquisition by gift, purchase, or eminent domain of a fee simple or lesser interest in the so-called Baker Homestead, a parcel of land approximately 0.836 acres, more or less, together with all flowage rights and easements and subject to all well rights and easements appurtenant thereto, located at 12 Robinson Road, Littleton, Massachusetts, as described in a certain deed recorded in the Middlesex South District Registry of Deeds in Book 7912, Page 106 and shown as Assessors Parcel U07 15 0, a copy of which map is on file in the Office of the Town Clerk; to provide that said parcel shall be under the care, custody, management and control of the Board of Selectmen and held for the purposes of historic preservation under M.G.L. Chapter 44B; to authorize the Board of Selectmen to delegate management of said parcel to a nonprofit organization created under M.G.L. Chapter 180 or M.G.L. Chapter 203 in accordance with M.G.L. Chapter 44B, Section 12(b); to direct the Board of Selectmen to grant a perpetual historic preservation restriction in said parcel meeting the requirements of M.G.L. Chapter 44B, Section 12 and M.G.L. Chapter 184, Sections 31-33; and to authorize the Board of Selectmen to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town to effectuate, or further the purposes of, said acquisition. 
or to take any other action in relation thereto.
Motion 1: Moved and seconded by the Community Preservation Committee that the Town vote to approve the appropriations and reserves itemized and described in Article 9, Items 1, 2, 3, 4, 5, 6, and 8, as printed in the warrant.
Community Preservation Committee, Finance Committee, Board of Selectmen, and Historical Commission support Article 9, Items 1, 2, 3, 4, 5, 6, and 8.
Declared passed by a unanimous vote.

Motion 2: Moved and seconded by the Community Preservation Committee that the Town vote to approve Article 9, Item 9, Acquisition of Baker Homestead, 12 Robinson Road, as printed in the warrant. [2/3rd vote required: disposition of land.]
Community Preservation Committee, Board of Selectmen, Finance Committee, Historical Commission, Master Plan Implementation Committee, and Cultural Council support Article 9, Item 9.
Declared passed by a 2/3rds vote. 

ARTICLE 11 - Board of Selectmen/Personnel Board - Personnel By-law Amendments
To see if the Town will vote to amend the Personnel By-law and Classification and Compensation Plan, Chapter 33 of the Town Code, as recommended by the Personnel Board; or to take any other action in relation thereto.
Motion: Moved and seconded by the Personnel Board that the Town vote to amend the Personnel By-law and Classification and Compensation Plan, Chapter 33 of the Town Code, as recommended by the Personnel Board as follows:

3. By amending Schedules B, B-1, B-2, and D, effective July 1, 2018, by applying a 2 percent (2%) salary schedule adjustment so that said schedules read as follows:

Step increases on Schedule D will be awarded on the basis of performance as determined by the Fire Chief.

Personnel Board, Finance Committee, and Board of Selectmen support Article 11. 
[Call of the Articles: approved by declared 2/3rds vote]

ARTICLE 12 - Board of Selectmen - Stabilization Fund
To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the Stabilization Fund in accordance with the provisions of Chapter 40, Section 5B of the General Laws, or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer from the Undesignated Fund Balance the sum of $42,000 for Article 12 as printed in the warrant.
Finance Committee and Board of Selectmen support Article 12.
[Call of the Articles: approved by declared 2/3rds vote]

ARTICLE 13 - Board of Selectmen - Capital Stabilization Fund
To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to be deposited in the Capital Stabilization Fund established by Article 6 of the May 6, 2013 Special Town Meeting for the purpose of funding any capital-related project, or pieces of capital equipment, or debt service payment related thereto; said fund as authorized by Chapter 40, Section 5B of the General Laws, or to take any other action in relation thereto. 
Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer from the Undesignated Fund Balance the sum of $2,698,502 for Article 13 as printed in the warrant.
Finance Committee and Board of Selectmen support Article 13.
[Call of the Articles: approved by declared 2/3rds vote]

ARTICLE 14 - Board of Selectmen - Debt Exclusion Stabilization Fund
To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to be deposited in the Debt Exclusion Stabilization Fund established by Article 12 of the May 2, 2016 Special Town Meeting for the purpose of reducing the amount of existing debt service and/or the amount of debt needed to be placed when final bonding occurs for borrowing authorizations, both having been exempted from the provisions of Proposition 2½ , so called; said fund as authorized by Chapter 40, Section 5B of the General Laws; or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer from the Undesignated Fund Balance the sum of $242,871 for Article 14.
Finance Committee and Board of Selectmen support Article 14.
[Call of the Articles: approved by declared 2/3rds vote]

ARTICLE 15 - Board of Selectmen/ Trust Fund Commissioners - Trust Fund Grants
To see if the Town will vote to transfer $16,800 in Trust Funds for the following purposes and costs related thereto; or to take any other action in relation thereto.
(1) LHS Innovation Center - $12,800 to the Littleton School Department for the furniture, fixtures, equipment, and construction costs related to Phase III of the renovations to the Littleton High School Innovation Center, from the following Trust Funds: M.H. Kimball Fund, $9,000; J. Goldsmith Fund, $300; $C. Hildreth Fund, $2,500; L. Johnson Fund, $500; and L.H. Zappy Fund, $500;
 (2) DEHS Animal Assistance Care Program - $4,000 to the Elder and Human Services Department for the animal care assistance program from the Bradford Sampson Relief of Animals Fund.
Motion: Moved and seconded by the Trust Fund Commissioners that the Town vote to approve Article 15 as printed in the warrant. 
Trust Fund Commissioners, Finance Committee, and Board of Selectmen support Article 15.
[Call of the Articles: approved by declared 2/3rds vote]

ARTICLE 16 - Board of Selectmen - Senior Citizens and Veterans Tax Work-off Abatement Programs
To see if the Town will vote to request the Board of Assessors to commit the following sums from the Overlay Account for Abatements to fund Property Tax Work-off Abatement Programs for Senior Citizens ($80,000) and Veterans ($7,000), or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 16 as printed in the warrant. 
Finance Committee, Board of Selectmen and Council on Aging support Article 16.
[Call of the Articles: approved by declared 2/3rds vote]

ARTICLE 17 - Board of Selectmen - Use of MassDOT Chapter 90 Funds
To see if the Town will vote to transfer from available funds or authorize the Treasurer to borrow in anticipation of reimbursements, a sum of money for authorized road improvements and other projects provided for under Chapter 90 of the General Laws, or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to appropriate funds available in the amount of $397,966 for authorized road improvements and other projects provided for under Chapter 90 of the General Laws. 
Finance Committee and Board of Selectmen support Article 17.
Declared passed by a majority vote.

[Articles Requiring Supermajority Vote]

ARTICLE 18 - Water Commissioners - Easements for Water Supply [2/3rds vote required]
To see if the Town will vote to acquire any and all easements necessary to protect, permit and operate the three public water supply wells located at Cobbs Pond, or to take any other action in relation thereto. 
Article 18 withdrawn by the Board of Water Commissioners.
No affirmative action to be taken under this article.

ARTICLE 19 - Water Commissioners - Borrowing: New Well Field & Water Treatment Plant at Whitcomb Ave. [2/3rds vote required]
To see if the Town will vote to borrow a sum or sums of money for the purpose of funding a new well field and water treatment plant at Whitcomb Avenue for the Town of Littleton Water Department, and that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow said sum under and pursuant to Chapter 44, Section 8(5), of the General Laws, or pursuant to and any other enabling authority, and to issue bonds or notes of the Town therefor, and further, that although the borrowing authorized by this vote must constitute a general obligation of the Town pursuant to Chapter 44 of the General Laws, it is the intention of the Town that the repayment of any borrowing authorized hereunder shall, in the first instance, be made from water system revenues. In accordance with M.G.L. c. 44, §20, the premium received by the Town upon the sale of any bonds or notes authorized by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to pay project costs and the amount authorized to be borrowed pursuant to this vote shall be reduced by the amount of any such premium so applied. Or to take any other action in relation thereto. 
Motion: Moved and seconded by the Board of Water Commissioners that the Town vote to appropriate and borrow the sum of $7,000,000 for Article 19 as printed in the warrant. 
Board of Water Commissioners, Finance Committee, and Board of Selectmen support Article 19.
[Call of the Articles: approved by declared 2/3rds vote]

ARTICLE 20 - Planning Board / Board of Selectmen - Zoning Amendment: Adult Use Marijuana By-law [2/3rds vote required]
To see if the Town will vote to amend the Zoning Bylaw as follows:
1. By amending the definition of MARIJUANA in Article II, Definitions, Section 173-2, so that said definition reads as follows:

MARIJUANA – Means marijuana as defined in MGL c.94G, §1, 935 CMR 500 et seq. and 105 CMR 725 et seq.

2. By inserting in Article II, Definitions, Section 173-2, the following in appropriate alphabetical order:

CANNABIS – See MARIJUANA.

CRAFT MARIJUANA COOPERATIVE – Means a Marijuana Cultivator comprised of residents of the Commonwealth and organized as a limited liability company, limited liability partnership, or cooperative corporation under the laws of the Commonwealth, and which is licensed to cultivate, obtain, manufacture, process, package and brand cannabis or marijuana products to transport marijuana to Marijuana Establishments, but not to consumers.

MARIJUANA CULTIVATOR – Means an entity licensed to cultivate, process and package marijuana, to transfer marijuana to Marijuana Establishments, but not to consumers. 

MARIJUANA ESTABLISHMENT – Means a Marijuana Cultivator, Craft Marijuana Cooperative, Marijuana Product Manufacturer, Marijuana Retailer, Marijuana Testing Laboratory, Marijuana Research Facility, Marijuana Transporter, or any other type of licensed marijuana-related business, except a Medical Marijuana Treatment Center.

MARIJUANA ESTABLISHMENT AGENT – Means a board member, director, employee, executive, manager, or volunteer of a Marijuana Establishment, who is 21 years of age or older. Employee includes a consultant or contractor who provides on-site services to a Marijuana Establishment related to the cultivation, harvesting, preparation, packaging, storage, testing, or dispensing of marijuana. 

MARIJUANA FOR ADULT USE – Means Marijuana and Marijuana products that are not designated and restricted for use by, and for the benefit of, Qualifying Patients in the treatment of Debilitating Medical Conditions as defined in 105 CMR 725 et seq.

MARIJUANA TESTING LABORATORY – Means either an independent testing laboratory or a standard testing laboratory that is licensed by the Cannabis Control Commission to test cannabis or marijuana products in compliance with 935 CMR 500.

MARIJUANA MICRO-BUSINESS — Means a colocated Marijuana Establishment that can be either a Tier 1 Marijuana Cultivator or Product Manufacturer or both, in compliance with the Cannabis Control Commission’s operating procedures for each license; provided, however, that a Micro-Business that is a Marijuana Product Manufacturer may purchase no more than 2,000 pounds of marijuana per year from other Marijuana Establishments.

MARIJUANA PRODUCT MANUFACTURER — Means an entity licensed to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other Marijuana Establishments, but not to consumers.

MARIJUANA RESEARCH FACILITY – Means an entity licensed to engage in research projects by the Commission.

MARIJUANA RETAILER – Means an entity licensed to purchase and transport cannabis or marijuana product from Marijuana Establishments and to sell or otherwise transfer this product to Marijuana Establishments and to consumers.

MARIJUANA TRANSPORTER – Means an entity that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to Marijuana Establishments, but not to consumers. Marijuana Transporters may be an Existing Licensee Transporter or Third Party Transporter.

3. By deleting from Article V, Section 173-22.A.(2) the words “and” where they appear, and inserting after the words “Registered Marijuana Dispensary Overlay Districts” the following:

and Adult Use Marijuana Retail Overlay District.

4. By deleting Article XXVIII, Temporary Moratorium on Marijuana Establishments, and inserting in place thereof, the following:

Article XXVIII, Adult Use Marijuana Establishments

§173-194. Purpose

1. To provide for Marijuana Establishments in suitable locations and under strict conditions.
2. To regulate the siting, design, placement, operation, safety, monitoring, modification and removal of any Marijuana Establishment that may be located within the Town.
3. To minimize the adverse impacts of any Marijuana Establishment on the Town, nearby properties, residential neighborhoods, schools and other places where minors congregate, local historic districts, and other land uses incompatible with said establishments.
4. To limit the overall number of Marijuana Retailers that may be located within the Town to an appropriate amount, which shall not exceed the minimum number of Marijuana Retailers that are required by M.G.L. c.94G to be allowed within the Town absent a ballot vote.
5. To establish that on-premises consumption shall not be permitted unless the Town votes to authorize on-premises consumption pursuant to M.G.L. c.94G, §3.

§173-195. Applicability.

1. The commercial cultivation, production, processing, manufacturing, packaging, testing, retail or wholesale trade, distribution, transporting, dispensing, researching and studying of Marijuana for Adult Use is prohibited unless permitted as a Marijuana Establishment under this Article XXVIII.
2. No Marijuana Establishment shall be established except in compliance with the provisions of this Article XXVIII.
3. Nothing in this Article XXVIII shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs; nor shall any special permit issued pursuant to this Article XXVIII supersede federal, state or local laws.
4. Where not expressly defined in Section 173-2, all terms used herein shall be as defined in MGL C. 94G and 935 CMR 500 et seq.

§173-196. Siting.

1. The Adult Use Marijuana Retail Overlay District is hereby established as an overlay district as shown on the map entitled “Adult Use Marijuana Establishment Overlay District-Retail” dated March 27, 2018, on file with the Town Clerk and hereby made a part of this chapter. A Marijuana Retail Establishment may be sited within this Overlay District only, subject to all of the provisions of this Article. 

B. The following classes of Marijuana Establishments may be sited within the Industrial A and Industrial B Districts only, subject to all of the provisions of this Article:

1. Marijuana Cultivator;
2. Craft Marijuana Cooperative;
3. Marijuana Product Manufacturer;
4. Marijuana Research Facility;
5. Marijuana Testing Laboratory;
6. Marijuana Transporter; and
7. Marijuana Micro-business.

§173-197. Limitations on Marijuana Retailers. 

1. The number of Marijuana Retailers within the Town shall not exceed the minimum number that are required by M.G.L. c.94G, §3(a)(2)(ii) to be allowed within the Town absent a ballot vote.
2. All Marijuana Establishments are prohibited from delivering cannabis or marijuana products to consumers, and from offering cannabis or marijuana products for consumption on the premises of a Marijuana Establishment.

§173-198. Administration and Procedure.

1. A Marijuana Establishment may be allowed in locations set forth in 173-196 by special permit from the Planning Board (the “SPGA”) in accordance with M.G.L. c.40A, §9, only subject to the procedures, regulations, requirements, conditions and limitations set forth herein. Only an applicant holding a valid license from the Cannabis Control Commission issued pursuant to M.G.L. c.94G and 935 CMR 500 et. seq., is eligible to apply for a special permit pursuant to this Article.
2. Applicants for a special permit pursuant to this Article XXVIII are strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed application for a new Marijuana Establishment and to discuss in general terms of the proposed Marijuana Establishment prior to the formal submission of an application.
3. In addition to the standard Special Permit Application form, an applicant for a special permit under this Article shall also submit the following:
   1. A copy of the final, executed Host Community Agreement (“HCA”) between the applicant and the Town of Littleton. 
   2. A written description of the status of its application to the Cannabis Control Commission relative to the establishment at issue, or a copy of such license, as applicable.
   3. A list of any waivers of regulations that the applicant seeks to obtain from the Cannabis Control Commission, or a copy of any such waivers that the Commission has issued to the applicant, as applicable.
   4. Copies of all policies and procedures approved by the Cannabis Control Commission including without limitation the Marijuana Establishment’s operating and safety procedures, or copies of such policies and procedures that the applicant intends to submit to the Commission, as applicable.
   5. For applications for a Marijuana Cultivator, a Craft Marijuana Cooperatives, or a Marijuana Micro-Business, information demonstrating that the applicant has considered the following factors in its design and its operating plan:
      1. Identification of potential energy use reduction opportunities (such as natural lighting and energy efficiency measures), and a plan for implementation of such opportunities;
      2. Consideration of opportunities for renewable energy generation, including, where applicable, submission of building plans showing where energy generators could be placed on the site, and an explanation of why the identified opportunities were not pursued, if applicable;
      3. Strategies to reduce electric demand (such as lighting schedules, active load management, and energy storage); and
      4. Engagement with energy efficiency programs offered pursuant to M.G.L. c.25, §21, or through the Littleton Light Department. 
   6. The quantity and source or sources of all marijuana and marijuana products that will be sold at the proposed Marijuana Establishment, as applicable.
   7. The quantity of marijuana and marijuana products that will be cultivated, processed, manufactured, packaged, transported, tested, or studied at the Marijuana Establishment, as applicable.
   8. Written statement confirming that no marijuana or marijuana products will be smoked, burned, or consumed on the premises as part of the cultivation, manufacturing, testing or researching operations, as applicable, or a statement explaining how any such uses have been authorized by the Commission.
   9. Names and addresses of each owner of the Marijuana Establishment, and where the owner is a business entity, the names and address of each owner of that establishment.
   10. If applicable, a copy of the Applicant’s Articles of Organization, a current Certificate of Legal Existence from the Commonwealth, and the most recent annual report.
   11. Copies of all licenses and permits issued to the Applicant by the Commonwealth of Massachusetts and any of its agencies.
   12. Evidence that the applicant has site control and the right to use the proposed site as a Marijuana Establishment. Such evidence shall be in the form of a deed, purchase and sale agreement, lease, or other legally binding document.
   13. In addition to what is otherwise required to be shown on a site plan pursuant to Article IV, the applicant shall provide details showing all exterior proposed security measures for the premises, including but not limited to lighting, fencing, gates and alarms to ensure the safety of employees and patrons and to protect the premises from theft or other criminal activity. The site plan shall further delineate various areas of the Marijuana Establishment (indoors and outdoors) such as public access areas, employee only access areas, storage, cultivation, preparation, waste disposal, administrative, transportation, loading and parking areas. Site plans and/or application narrative shall contain sufficient information so that the SPGA can evaluate the design and operational standards contained in this Article XXVIII.
   14. Certification to the SPGA that the applicant has filed copies of the special permit application as required by §173-198.D. 
4. Upon the filing of the special permit application with the SPGA, the Applicant shall simultaneously deliver copies of the full application to the Board of Selectmen, the Building Commissioner, the Board of Health, the Police Department and the Fire Department.

§173-199 Special Permit Requirements.

1. No Marijuana Establishment shall be located within 500 feet of any lot containing a school; licensed child care facility; public park, playground, athletic field or other public recreational land or facility; any use or facility where persons under the age of 18 commonly congregate to participate in scheduled or structured activities; religious facility; drug or alcohol rehabilitation facility; correctional facility, halfway house or similar facility; or any other non-collocated Marijuana Establishment or RMD. For purposes of this section, distances shall be measured in a straight line from the nearest point of the property line in question to the nearest point of the property line where the Marijuana Establishment is or will be located.
2. The SPGA may reduce the minimum distance requirement in Section 173-198.A as part of the issuance of a special permit in the following instances only:
   1. Issuance of a special permit for a Marijuana Establishment collocated with an existing RMD.
   2. Renewal of a special permit for an existing Marijuana Establishment where the use described in Section 173-198.A has been established after issuance of the original special permit.
   3. Change of permit holder for an existing Marijuana Establishment where the use described in Section 173-198.A has been established after issuance of the original special permit.
3. Marijuana Establishment that seeks to expand or alter its operations so as to come within a new class or sub-class of Marijuana Establishment, as identified 935 CMR 500.050(d), shall obtain a new special permit prior to undertaking such expansion or alteration.
4. The SPGA shall not issue any special permit that would cause the Town to exceed the limits on Marijuana Retailers set forth in §173-197.
5. An RMD licensed under 105 CMR 725 et seq., and that holds a special permit pursuant to Article XXVII shall obtain a new special permit prior to converting to a Marijuana Establishment or commencing any operations regulated by M.G.L. c.94G and 935 CMR 500 et seq.
6. No smoking, burning, or consumption of any marijuana product shall be permitted at any Marijuana Establishment, except as may be authorized by s935 CMR 500 et seq for purposes of cultivation, testing, research, or manufacturing.
7. All shipping and receiving areas shall serve the Marijuana Establishment exclusively. In the case of a multi-use or multi-tenant site, the Marijuana Establishment shall be laid out and designed to ensure separation from other uses or tenants at the site.
8. The Marijuana Establishment shall have adequate water supply, stormwater systems, sewage disposal, and surface and subsurface drainage.
9. Adequate lighting, including night lighting that provides for monitoring or building and site security, including those measures to prevent diversion of marijuana and marijuana products cultivated outdoors.
10. A Marijuana Retailer shall post at a conspicuous location at the public entrance a sign that states “Only individuals 21 years of age or older, unless in possession of a registration card issued by the MA Department of Public Health.” The required text shall be a minimum of two inches in height. Signage shall otherwise be limited to that which is permitted under 935 CMR 500 et. seq. and the Town’s sign bylaw.
11. The Marijuana Establishment shall provide and keep up to date contact information as required by the Chief of Police and Building Commissioner such as name, telephone number and electronic mail address of a contact person who must be available 24 hours a day, seven days a week.
12. No special permit shall be issued unless the applicant has executed a Host Community Agreement with the Town in accordance with M.G.L. c.94G, §3.
13. No special permit shall be issued until the Applicant has held a community outreach hearing consistent with the Commission’s Guidance for License Applicants on Community Outreach and 935 CMR 500.101(1)(a)(9) or (2)(b)(7), unless the proposed use is exempt from the hearing requirement under the regulations. 

§173-200. Special Permit Approval Criteria.

The SPGA may issue a special permit for a Marijuana Establish only if it finds that the project satisfies the requirements of §173-7.C, this Article XXVIII, and the following additional special permit criteria:

1. The Marijuana Establishment is fully permitted by all applicable agencies within the Commonwealth of Massachusetts and is in compliance with all State laws and regulations; provided, however, that issuance of a valid license pursuant to M.G.L. c.94G may be a condition of the special permit.
2. The proposed use is designed to minimize any adverse impacts on the on the residents of the Town;
3. For a Marijuana Retail Establishment, there shall be a secure indoor area for all customers.
4. The Marijuana Establishment adequately addresses issues of vehicular and pedestrian traffic, circulation and parking, especially during peak periods at the facility, and adequately mitigates the impacts of vehicular and pedestrian traffic on neighboring uses.

§173-201. Special Permit Conditions.

1. In addition to compliance with M.G.L. c.94G, and 935 CMR 500 et seq., the SPGA may impose reasonable conditions to improve site design, traffic flow, public safety, water quality, air quality, protection of significant environmental resources and the preservation of community character of the surrounding area including, without limitation, the following:
2. Minimization of the impacts of increased noise and traffic.
3. Imposition of security precautions related to the high value of products and case transactions.
4. Deterring the presence of unauthorized or ineligible persons at, or near, the Marijuana Establishment.
5. Imposition of measures to prevent diversion of marijuana and marijuana products.
6. Conditions related to the design and construction of the facility to improve safety, security and conformance with community character.
7. Conditions, consistent with the State Building Code, relating to energy efficiency and conservation. 
8. The SPGA shall include conditions concerning the following in any special permit granted pursuant to this Article:
9. Hours of operation, including dispatch for any home delivery.
10. Compliance with the Host Community Agreement.
11. The submission of a copy of the license from the Cannabis Control Commission with the SPGA and the Building Commissioner prior to the issuance of a building permit, certificate of occupancy, or commencement of use, whichever occurs first.
12. The reporting of any incidents to the Building Commissioner as required pursuant to 935 CMR 500.110(7) within 24 hours of their occurrence. Such reports may be redacted as necessary to comply with any applicable state or federal laws or regulations.
13. The reporting of any cease and desist order, quarantine order, suspension order, limiting sales order, notice of hearing or final action by the Cannabis Control Commission or the Division of Administrative Law Appeals, as applicable, regarding the Marijuana Establishment to the Building Commissioner within 48 hours of the applicant’s receipt.
14. Copies of all reports submitted to any state agency, including, but not limited to, the reports required by 935 CMR 500.105(10)(d) describing the establishment’s liability insurance coverage and the annual security system audits required by 935 CMR 500.110(8) shall be submitted to the SPGA within 5 business days of submission to the State. Such reports may be redacted as necessary to comply with any applicable state or federal laws or regulations.
15. Documentation to the SPGA that each Marijuana Establishment Agent has completed training regarding the proper handling of marijuana prior to performing job functions. Such documentation must be provided to the Board within 5 business days of the completion of such training. Annually, the establishment shall provide documentation to the SPGA and the Board of Selectmen that all Marijuana Establishment Agents have received at least eight hours of on-going training.
16. The issuance of a special permit pursuant to this Article shall also be subject to the following:
17. The special permit shall expire within five (5) years of the date of issue. If the applicant wishes to renew the special permit, an application to renew must be submitted at least 120 days prior to the expiration of the special permit
18. Special permits shall be limited to the original applicant(s) and shall expire on the date the special permit holder ceases operation of the Marijuana Establishment.
19. The holder of a special permit shall annually file an affidavit with the Building Commissioner demonstrating that it is in good standing with respect to its license from the Cannabis Control Commission and any other applicable State licenses.
20. The holder of a special permit shall notify the Building Commissioner and the SPGA in writing within 48 hours of the cessation of operation of the Marijuana Establishment or the expiration or termination of the permit holder’s license from the Department of Public Health.
21. Special permits shall lapse upon the expiration or termination of an applicant’s license from the Cannabis Control Commission.

173-202. No Accessory Use Marijuana Establishments.

Use of property as a Marijuana Establishment shall necessarily be deemed a principal use for purposes of the Zoning Bylaw, and shall be permitted exclusively in accordance with this Article XXVIII. No Marijuana Establishment may be allowed within Town on the basis that such use qualifies as a permissible accessory use.

or to take any other action in relation thereto. 
Motion: Moved and seconded by the Planning Board that the Town vote to approve Article 20 as printed in the warrant. 
Planning Board and Board of Selectmen support Article 20.

Amendment: Ed Mullen moved that the Town vote to approve Article 20 as printed in the warrant, provided that §173-199.B be amended as follows: By revising the first sentence to read as follows: “The SPGA may reduce the minimum distance requirement in Section 173-199.A as part of the issuance of a special permit in the following instances only:”; By revising subsection (1) to read as follows: “Issuance of a special permit for a Marijuana Establishment to an entity with an existing RMD in Littleton.”; and By inserting a new subsection (4) to read as follows “Where the SPGA determines that such reduction in the minimum distance is necessary for purposes of maintaining consistency with M.G.L. c. 94G, 935 CMR 500 and/or state guidance relative to local regulation and siting of adult use marijuana establishments.” Amendment passed.

Article 20 as amended declared passed by a 2/3rds vote.

ARTICLE 21 - Board of Selectmen - Tax Title Properties, Abutter Land Sales, Conservation [2/3rds vote required] 
To see if the Town will vote to add the following properties to the “Tax Title Abutter Lot Sales Program” established by Article 10 of the November 14, 2011 Special Town Meeting: (A) an up to 1,250 square-foot portion of tax title parcel U14-117-0 on Newtown Road abutting 3 Manchester Drive; and (B) an up to 1,375 square-foot portion of said parcel U14-117-0 abutting 410 Newtown Road; and, further, to transfer the care, custody, management and control of the remainder of tax title parcel U14-117-0 to the Conservation Commission for open space purposes, and provided further that either of the parcels described in (A) and (B) above or in Article 11 of the October 30, 2017 Special Town Meeting that remain in the Town’s possession as of December 31, 2018 shall automatically be transferred to the care, custody, management and control of the Conservation Commission for open space purposes, or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 21 as printed in the warrant. 
Board of Selectmen and Conservation Commission support Article 21.
[Call of the Articles: approved by declared 2/3rds vote]

[Other Articles, including routine authorizations & reauthorizations]

ARTICLE 22 - Voter Petition - Town By-law Amendment: Plastic Check-out Bag Reduction
To see if the Town will vote to amend the Town Code by adding a new Chapter 140 for the purposes of regulating the distribution of plastic bags at retail establishments and promoting the use of recyclable and reusable bags, or to take any other action in relation thereto.

Chapter 140: Plastic Check-Out Bag Reduction.

Section I Findings and Purpose

Plastic check-out bags have a significant impact on the marine and terrestrial environment, including but not limited to: 1) harming marine and terrestrial animals through ingestion and entanglement; 2) polluting and degrading the terrestrial and marine environments; 3) clogging storm drainage systems; 4) creating a burden for solid waste disposal and recycling facilities; 5) requiring the use of non-renewable fossil-fuel in their composition. Studies have shown that even alternative “compostable” or “biodegradable” bags require very specific and controlled conditions in order to biodegrade, and have potentially negative environmental effects similar to conventional plastic bags. Such bags should therefore be subject to the same restrictions as conventional plastic check-out bags.

The purpose of this Bylaw is to protect the Town’s unique natural beauty and irreplaceable natural resources by reducing the number of single-use plastic check-out bags that are distributed in the Town of Littleton and to promote the use of reusable bags.

Section II Definitions

The following words shall, unless the context clearly requires otherwise, have the following meanings:

a. “Check-out bag” shall mean a bag provided by a store to a customer at the point of sale. Check-out bags shall not include bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such items to the point of sale or check out area of the store.

b. “Department” shall mean the Littleton Health Department.

c. “Health Agent” shall mean the Health Agent for the Littleton Board of Health or his/her designee.

d. “Recyclable paper bag” shall mean a paper bag that is 100% recyclable, contains at least 40% post-consumer recycled content, contains no old growth fiber, and displays in a visible manner on the outside of the bag (1) the word “recyclable” or a symbol identifying the bag as recyclable and (2) a label identifying the bag as being made from post-consumer recycled content and the percentage of post-consumer recycled content in the bag.

e. “Reusable Check-out bag” shall mean a sewn bag with stitched handles that is specifically designed for multiple reuse and that (1) is machine washable; and (2) is made of natural fibers (such as cotton or linen).

f. “Retail Establishment” shall mean any business facility, whether for profit or not for profit, that sells goods directly to the consumer, including, but not limited to, retail stores, restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses. 

Section III Regulated Conduct

a. No Retail Establishment in the Town of Littleton shall provide Plastic Check-Out Bags to customers.

b. If a Retail Establishment provides or sells Check-out Bags to customers, the bags must be one of the following:

1. Recyclable paper bag; or

2. Reusable Check-out bag.

Section IV Exemption: Thin-film plastic bags typically without handles which are used to contain dry cleaning, newspapers, produce, meat, bulk foods, wet items, and other similar merchandise are not prohibited under this bylaw.

Section V Enforcement

a. The Board of Health and its Health Agent shall have the authority to administer and enforce this bylaw. In addition to any other means of enforcement, the provisions of this bylaw and any regulations adopted pursuant thereto may be enforced by non-criminal disposition in accordance with the provisions of Section 1.4 of the Town Code and Massachusetts General Laws, Chapter 40, Section 21D.

b. For the first violation, the enforcing authority, upon a determination that a violation has occurred, shall issue a written warning notice to the establishment specifying the violation.

c. The following penalties shall apply:

1. A fine of $50 shall apply for the first violation following the issuance of a written warning notice.

2. A fine of $100 shall apply for the second violation and each additional violation of this by-law after the issuance of a written warning notice.

d. Fines shall be cumulative and each day on which a violation occurs shall constitute a separate offense.

Section VI Effective Date

a. This bylaw shall take effect six (6) months following satisfaction of the posting/publishing requirements set forth in in Massachusetts General Laws, Chapter 40, Section 32, or January 1, 2019, whichever is later. The Board of Health may exempt a Retail Establishment from the requirements of this section for a period of up to six (6) months upon a finding by the Board of Health that (1) the requirements of this section would cause undue hardship; or (2) a Retail Establishment requires additional time in order to draw down an existing inventory of thin-film, single-use check-out plastic bags.

Section VII Regulations

a. The Board of Health may adopt and amend rules and regulations to effectuate the purposes of this bylaw.

Section VIII Severability

a. If any provision of this bylaw is declared invalid or unenforceable the other provisions shall not be affected thereby.

Motion: Moved and seconded by the petitioner that the Town vote to amend the Town Code by adding a new Chapter 140 for the purposes of regulating the distribution of plastic bags at retail establishments and promoting the use of recyclable and reusable bags as follows:

Chapter 140: Plastic Check-Out Bag Reduction.

Section I Findings and Purpose

Plastic check-out bags have a significant impact on the marine and terrestrial environment, including but not limited to: 1) harming marine and terrestrial animals through ingestion and entanglement; 2) polluting and degrading the terrestrial and marine environments; 3) clogging storm drainage systems; 4) creating a burden for solid waste disposal and recycling facilities; 5) requiring the use of non-renewable fossil-fuel in their composition. Studies have shown that even alternative “compostable” or “biodegradable” bags require very specific and controlled conditions in order to biodegrade, and have potentially negative environmental effects similar to conventional plastic bags. Such bags should therefore be subject to the same restrictions as conventional plastic check-out bags.

The purpose of this Bylaw is to protect the Town’s unique natural beauty and irreplaceable natural resources by reducing the number of single-use plastic check-out bags that are distributed in the Town of Littleton and to promote the use of reusable bags.

Section II Definitions

The following words shall, unless the context clearly requires otherwise, have the following meanings:

a. “Check-out bag” shall mean a bag provided by a store to a customer at the point of sale. Check-out bags shall not include bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such items to the point of sale or check out area of the store.

b. “Department” shall mean the Littleton Health Department.

c. “Health Agent” shall mean the Health Agent for the Littleton Board of Health or his/her designee.

d. “Recyclable paper bag” shall mean a paper bag that is 100% recyclable, contains at least 40% post-consumer recycled content, and displays in a visible manner on the outside of the bag (1) the word “recyclable” or a symbol identifying the bag as recyclable and (2) a label identifying the bag as being made from post-consumer recycled content and the percentage of post-consumer recycled content in the bag.

e. “Reusable Check-out bag” a sewn bag with stitched handles that is (1) specifically designed and manufactured for at least 175 uses; (2) can carry 25 pounds over a distance of 300 feet; and (3) is made of cloth or other machine-washable fabric other than polyethylene or polyvinyl chloride.

f. “Retail Establishment” shall mean any business facility, whether for profit or not for profit, that sells goods directly to the consumer, including, but not limited to, retail stores, restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses. 

Section III Regulated Conduct

a. If a Retail Establishment provides or sells Check-out Bags to customers, the bags must be one of the following:

1. Recyclable paper bag; or

2. Reusable Check-out bag.

Section IV Exemption: Thin-film plastic bags typically without handles which are used to contain dry cleaning, newspapers, produce, meat, bulk foods, wet items, and other similar merchandise are not prohibited under this bylaw.

Section V Enforcement

a. The Board of Health and its Health Agent shall have the authority to administer and enforce this bylaw. In addition to any other means of enforcement, the provisions of this bylaw and any regulations adopted pursuant thereto may be enforced by non-criminal disposition in accordance with the provisions of Section 1.4 of the Town Code and Massachusetts General Laws, Chapter 40, Section 21D.

b. For the first violation, the enforcing authority, upon a determination that a violation has occurred, shall issue a written warning notice to the establishment specifying the violation.

c. The following penalties shall apply:

1. A fine of $50 shall apply for the first violation following the issuance of a written warning notice.

2. A fine of $100 shall apply for the second violation and each additional violation of this by-law after the issuance of a written warning notice.

d. Fines shall be cumulative and each day on which a violation occurs shall constitute a separate offense.

Section VI Effective Date

a. This bylaw shall take effect six (6) months following satisfaction of the posting/publishing requirements set forth in in Massachusetts General Laws, Chapter 40, Section 32, or January 1, 2019, whichever is later. The Board of Health may exempt a Retail Establishment from the requirements of this section for a period of up to six (6) months upon a finding by the Board of Health that (1) the requirements of this section would cause undue hardship; or (2) a Retail Establishment requires additional time in order to draw down an existing inventory of thin-film, single-use check-out plastic bags.

Section VII Regulations

a. The Board of Health may adopt and amend rules and regulations to effectuate the purposes of this bylaw.

Section VIII Severability

a. If any provision of this bylaw is declared invalid or unenforceable the other provisions shall not be affected thereby.

Board of Health supports Article 22.
Article does not pass (88-105)

ARTICLE 23 - Board of Selectmen / Historical Commission - Town By-law Amendment: Historically Significant Building Demolition
To see if the Town will vote to amend the Town Code Chapter 65, Building Demolition, Article I, Historically Significant Buildings and Structures, as follows:

1. By inserting in §65-2. Definitions, in appropriate alphabetical order, the following new definitions: 

APPLICANT-Any person or entity who files an application for a demolition permit. If the applicant is not the owner of the premises upon which the BUILDING or STRUCTURE is situated, the owner must indicate on the application his/her consent to the filing of the application.

WEATHER-PROOFING – The BUILDING or STRUCTURE’s resistance to the effects of bad weather such as the presence of a roof, windows, and doors.

SECURITY – Resistance against unauthorized entry. Measures taken to protect a BUILDING or STRUCTURE from harm.

3. By adding a new sentence at the end of §65-4.A, to read as follows: “The application should include photographs of all street façade elevations and should include a general description of the property’s security and weather-proofing.” 

4. By amending §65-4.D.(2) to read as follows: “Photographs of internal spaces and additional views of street façade elevations.” 

5. By amending §65-4.D.(5) to read as follows: “A description of the proposed reuse of the parcel on which the building or structure to be demolished is located.” 

6. By amending §65-4.G to extend from six to twelve months the period during which the Building Commissioner shall not issue a demolition permit for an historically significant building or structure which the Historical Commission determines should be preferably preserved, so that said section reads as follows:

G. If, following the demolition plan review, the Historical Commission determines that the building or structure should preferably be preserved, then the Building Commissioner shall not issue a demolition permit for a period of twelve (12) months from the date of the filing of the Historical Commission's report unless the Historical Commission informs the Building Commissioner prior to the expiration of such twelve (12) month period that it is satisfied that the applicant for the demolition permit has made a bona fide, reasonable and unsuccessful effort to locate a purchaser for the building or structure who is willing to preserve, rehabilitate or restore the building or structure, or has agreed to accept a demolition permit on specified conditions approved by the Historical Commission.

7. By amending §65-6. Noncompliance to read as follows: 

Anyone who demolishes a building or structure identified in § 65-3 of this article without first obtaining and complying fully with the provisions of a demolition permit, voluntary demolition, shall be subject to a fine of not less than $100 nor more than $300. In addition, unless a demolition permit was obtained for such demolition, and unless such permit was fully complied with, the Commissioner shall not issue a building permit pertaining to any parcel on which a building or structure identified in § 65-3 of this article has been demolished for a period of three years after the date of demolition.

Upon date of application for demolition, the owner shall be responsible for properly securing and waterproofing the building, to the satisfaction of the Building

Commissioner. Should the owner fail to secure the building, the loss or partial deconstruction of such building through other cause, including fire, shall be considered "voluntary demolition." Should the owner remove parts, weatherproofing, or fail to secure the building, they shall be subject to a fine of not less than $100 nor more than $300 for each occurrence of a violation. 

or take any other action in relation thereto. 

Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 23 as printed in the warrant. 
Historical Commission and Board of Selectmen support Article 23.
[Call of the Articles: approved by declared 2/3rds vote]

ARTICLE 24 - Board of Selectmen - Borrowing Authorization
To see if the Town will vote to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 2018, in accordance with the provisions of Chapter 44, Section 4 of the General Laws, and to issue a note or notes as may be given for a period of less than one (1) year, in accordance with Chapter 44, Section 17 of the General Laws, or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 24 as printed in the warrant.
Finance Committee and Board of Selectmen support Article 24.
[Call of the Articles: approved by declared 2/3rds vote]

ARTICLE 25 - Board of Selectmen - Compensating Balance Agreement
To see if the Town will vote to authorize the Treasurer to enter into a Compensating Balance Agreement(s) for FY 2019, pursuant to Chapter 44, Section 53F of the General Laws, or to take any other action in relation thereto.
Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 25 as printed in the warrant.
Finance Committee and Board of Selectmen support Article 25.
[Call of the Articles: approved by declared 2/3rds vote]