May 5, 2014 Annual Town Meeting

Town Meeting Results:

1. Town Officers
2. Annual Report
   
   Financial Articles
3. FY 2015 Revolving Funds
4. FY 2015 Operating Budget
5. FY 2015 Water Enterprise Fund Operating Budget [Board of Water Commissioners]
6. FY 2015 Park/Recreation Enterprise Fund Operating Budget
7. FY 2015 Capital Items from Available Funds
8. FY 2015 Community Preservation Budget
9. Stabilization Fund [2/3rds vote]
10. Capital Stabilization Fund [2/3rds vote]
11. Library Design/Planning Project
12. Nashoba Valley Tech High School / Accelerated Roof Repair Project
13. M.H. Kimball Trust School Grant Funds
14. Senior Work Program
15. Use of Chapter 90 MassDOT Funds
16. Supplemental Borrowing: Roadway Improvements Plan [2/3rds vote]
    
    Articles requiring supermajority vote
17. Zoning By-law Amendment: Medical Marijuana Dispensaries/Cultivation [Planning Board]
18. Zoning By-law Amendment: Accessory Dwellings [Planning Board] - disapproved
19. Zoning: Flood Insurance Rate Maps [Planning Board]
20. Long Lake Park Lot Consolidation
    
    Other articles, including routine authorizations and reauthorizations
21. Borrowing Authorization
22. Compensating Balance Agreement
23. FY 2015 Personal Exemption Amounts
24. Personnel By-law Amendments
25. Town By-law Amendment: Veterans Preference

Town Meeting Results

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 2014: Fence Viewers: Timothy Harrison Whitcomb, Joseph Knox; Field Driver: Raymond C. O'Neil; Surveyor of Timber & Measurer of Wood Bark: Henry Parlee; Measurers and Weighers of Grain, Hay, Coal and Livestock: Tom Wood, Ronald Pollack, Michelle Roche, and Cindy McNiff.

Board of Selectmen supports Article 1.

[Consent Calendar Article: approved by unanimous 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 accept all printed reports of Town Officers and Committees as published in the 2013 Annual Town Report.

Board of Selectmen supports Article 2.

Declared passed by a majority vote. So voted.

[FINANCIAL ARTICLES]

ARTICLE 3 - Board of Selectmen - FY 2015 Revolving Funds

To see if the Town will vote to authorize the following Fiscal Year 2015 Revolving Funds, in accordance with Chapter 44, section 53E½ of the General Laws, each with the prior year’s fund balance to be available for expenditure; or to take any other action in relation thereto.

1. Wiring/Plumbing/Gas Inspections: to allow receipts from wiring and plumbing fees to be segregated into a special account; and with funds therefrom, up to a limit of $100,000 annually, to be expended to compensate the Wiring, Plumbing and Gas Inspectors, under the direction of the Building Commissioner;
2. Dog By-law Enforcement: to allow receipts from dog license fees and fines to be segregated into a special account; and with funds therefrom, up to a limit of $5,000 annually, to be expended for costs associated with by-law enforcement, under the direction of the Town Clerk;
3. Alarm Box Repairs: to allow receipts from alarm box fees to be segregated into a special account; and with funds therefrom, up to a limit of $5,000 annually, to be expended for repairs to alarm boxes, under the direction of the Fire Department;
4. CPR Courses: to allow receipts from CPR course fees to be segregated into a special account; and with funds therefrom, up to a limit of $2,000 annually, to be expended for CPR course costs, under the direction of the Fire Department;
5. Sealer of Weights and Measures: to allow receipts from sealer fees to be segregated into a special account; and with funds therefrom, up to a limit of $3,000 annually, to be expended to compensate the Sealer, under the direction of the Board of Selectmen;
6. Fire Safety Act Compliance: to allow receipts from Fire Safety Act fees and fines to be segregated into a special account; and with funds therefrom, up to a limit of $3,000 annually, to be expended for associated administrative costs, under the direction of the Board of Selectmen;
7. MART bus fees: to allow receipts from reimbursement from the Montachusett Regional Transit Authority (MART) bus fees to be segregated into a special account; and with funds therefrom, up to a limit of $68,000 annually, to be expended for wages and expenses for senior van operation, under the direction of the Director of Elder and Human Services;
8. Pet Cemetery: to allow receipts from pet cemetery fees to be segregated into a special account; and with funds therefrom, up to a limit of $20,000 annually, to be expended for associated administrative costs, under the direction of the Cemetery Commission;
9. Spectacle Pond Cell Tower: to allow receipts from the Spectacle Pond Cell Tower rent to be segregated into a special account; and with funds therefrom, up to a limit of $40,000 annually, to be expended for debt service for the Clean Lakes program, under the direction of the Board of Selectmen; 
10. Legal Advertisements: to allow receipts paid by applicants for advertising costs to be segregated into a special account; and with funds therefrom, up to a limit of $5,000 annually, to be expended for legal advertising costs, under the direction of the Board of Appeals;
11. Cemetery Revolving: to allow a portion of receipts received from sales of lots to be segregated into a special account; and with funds therefrom, up to a limit of $10,000 annually, to be expended for expenses associated with maintenance of such under the direction of the Cemetery Commissioners;
12. Permitting Software: to allow a portion of receipts received from land use permit fees to be segregated into a special account; and with funds therefrom, up to a limit of $15,000 annually, to be expended for expenses associated with maintenance of permitting software under the direction of the Board of Selectmen;
13. Police Cruisers sale proceeds: to allow the proceeds resulting from the sale/disposal of retired police vehicles to be segregated into a special account; and with funds therefrom, up to a limit of $25,000 annually, to be expended for expenses associated with purchasing Police replacement vehicles authorized under the Capital Plan under the direction of the Board of Selectmen; and
14. Composting Bins: to allow the proceeds resulting from the disposal/sale of composting bins to be segregated into a special account; and with funds therefrom, up to a limit of $5,000 annually, to be expended for expenses associated with the expenses of said program under the direction of the Highway Operations Manager.

Motion: Moved and seconded by the Board of Selectmen that the Town vote, in accordance with Chapter 44, section 53E½ of the General Laws, to authorize Fiscal Year 2015 Revolving Funds precisely as set forth in Article 3 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 3.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 4 - Finance Committee/Board of Selectmen - FY 2015 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, 2014, 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 $35,702,206 transfer from the funds specified herein the sum of $949,618, and transfer from the Undesignated Fund Balance the sum of $200,000 for a total of $36,851,824 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, 2014.

Finance Committee, Board of Selectmen, and School Committee support Article 4.

Declared passed by a majority vote. So voted.

ARTICLE 5 - Board of Water Commissioners - FY 2015 Water Enterprise Fund Operating Budget

To see if the Town will vote to appropriate $2,645,000 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, 2014 (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 appropriate $2,645,000 from the Water Enterprise Fund to finance the operation of the Water Department for the fiscal year beginning July 1, 2014.

Finance Committee, Board of Water Commissioners, and Board of Selectmen support Article 5.

Declared passed by a majority vote. So voted.

ARTICLE 6 - Park & Recreation Commission - FY 2015 Park, Recreation & Community Education Enterprise Fund Operating Budget

To see if the Town will vote to appropriate $1,157,000 or any other sum or sums of money from the Park, Recreation & Community Education Enterprise Fund to finance the operation of the Park, Recreation and Community Education Department for the fiscal year beginning July 1, 2014 (detail below), or to take any other action in relation thereto.

Motion: Moved and seconded by the Park and Recreation Commission that the Town vote to appropriate $1,157,000 from the Park, Recreation & Community Education Enterprise Fund to finance the operation of the Park, Recreation and Community Education Department for the fiscal year beginning July 1, 2014.

Finance Committee, Park & Recreation Commission and Board of Selectmen support Article 6.

Declared passed by a majority vote. So voted.

ARTICLE 7 - Board of Selectmen/ Finance Committee - FY 2015 Capital Items from Available Funds

To see if the Town will vote to raise and appropriate, and/or transfer from available funds, 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.

I. POLICE DEPARTMENT

1. Police Interceptor Patrol vehicles as replacements - $97,378 to be expended by the Police Department for police cruiser replacements. 
2. Police Interceptor Unmarked vehicles as replacement - $40,241 to be expended by the Police Department for unmarked cruiser replacement.
3. Police Vehicle Maintenance -$6,000 to be expended by the Police Department for tire replacement and equipment maintenance of its fleet of vehicles.
4. Police Public Safety Radio Maintenance - $10,104 to be expended by the Police Department for a maintenance agreement to cover Public Safety and Public Works radio system infrastructure.

II. FIRE DEPARTMENT

1. Fire Major Equipment Repair -$15,000 to be expended by the Fire Department for major equipment repairs and upkeep. 
2. UHF Radio System Upgrade - $35,000 to be expended by the Fire Department for the final step in the radio system upgrade. 
3. Protective Clothing Replacement - $12,000 to be expended by the Fire Department for establishment of an annual replacement program for turnout gear.
4. Command Vehicle replacement - $34,430 to be expended by the Fire Department for the replacement of the Chief’s Command Vehicle.

III. HIGHWAY DEPARTMENT

1. Highway Major Equipment Repair - $15,000 to be expended by the Highway Department for major equipment repairs and upkeep. 
2. Highway Dump Pickup truck - $65,000 to be expended by the Highway Department to purchase a new pick-up truck with plow to replace an existing 2004 vehicle. 
3. Highway Front Deck Mower – $25,000 to be expended by the Highway Department for replacement of a 2001 Kubota 72” Mower. 
4. Highway Infield Groomer – $21,000 to be expended by the Highway Department for replacement of a 2001 Jacobson Infield Groomer. 
5. Asphalt Roller - $35,000 to be expended by the Highway Department for the purchase of an Articulated Vibratory Asphalt Roller to replace the existing Static Roller for roadway repairs and maintenance.

IV. SCHOOLS

1. School iPads & Carts - $33,000 to be expended by the School Committee for the final annual payment on the lease/purchase agreement for four complete carts, 120 iPads, MacBook Air laptops, carts, charging station and accessory hardware and equipment.
2. Technology Computer Replacements - $65,000 to be expended by the School Committee to for replacements of computer systems.
3. School Technology - $25,000 to be expended by the School Committee to upgrade the network infrastructure and firewalls/switching in the district.
4. Security Upgrades - $50,000 to be expended by the School Committee to upgrade the security systems in the district.
5. Shaker Lane School Network Technology - $25,000 to be expended by the School Committee to upgrade the network infrastructure and firewalls/switching in the building.
6. Shaker Lane School WIFI Technology - $25,000 to be expended by the School Committee to upgrade the WIFI infrastructure in the building.
7. High School Roof over Administrative Area - $100,000 to be expended by the School Committee to replace/repair the roof system over the administrative wing at the High School. 

V. FACILITIES AND INFRASTRUCTURE

1. Facility Needs Assessment Study Recommendations – $529,409 to be expended by the Permanent Municipal Building Committee to implement recommendations of the Facility Needs Assessment Study, as follows:
   1. Littleton High School building and site, $27,324
   2. Littleton Middle School site, $1,680
   3. Russell Street School and bus parking lot, $4,400
   4. Shaker Lane School, $224,553
   5. Town Office Building, $143,600 
   6. Council on Aging kitchen, $114,372
   7. Shattuck Street tennis courts, $13,480 
2. Fire Station Modular Building - $6,000 to be expended by the Fire Department and the Permanent Municipal Building Committee to locate a modular building on site for sleeping quarters. 
3. Technology Upgrades - $10,000 to be expended by the IT Department for Virtual Server Upgrades.

VI. OTHER

1. Library Furniture $5,000 – to be expended by the Library Trustees to replace worn and damaged furniture at the Reuben Hoar Library.
2. Assessor Transitional Services - $25,000 to be expended by the Finance Department for vendor services/training for CIP assistance.
3. Master Plan Update - $100,000 to be expended by the Planning Board to update the Town’s Master Plan.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to raise and appropriate $551,508 and transfer from the Undesignated Fund Balance the sum of $858,054 for a total of $1,409,562 for capital projects and purchases itemized and described in Article 7 as printed in the warrant.

Finance Committee, Board of Selectmen, and School Committee support Article 7.

Declared passed by a majority vote. So voted.

ARTICLE 8 - Community Preservation Committee - FY 2015 Community Preservation Budget

To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the Fiscal Year 2015 Community Preservation Budget, to appropriate or reserve from FY 2015 Community Preservation Fund annual revenues and reserves the following amounts, as recommended by the Community Preservation Committee, with each item considered a separate appropriation:

Motion: Moved and seconded by the Community Preservation Committee that the Town vote to approve the appropriations and reserves itemized and described in Article 8 as printed in the warrant with the following amendments:

Community Preservation Committee, Finance Committee, and Board of Selectmen support Article 8.

Declared passed by a majority vote. So voted. 

ARTICLE 9 - Board of Selectmen - Stabilization Fund [2/3rds vote required]

To see if the Town will vote to raise and appropriate a sum of money for the Stabilization Fund in accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 5B for the twelve month period beginning July 1, 2014, 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 $117,381 for the Stabilization Fund in accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 5B for the twelve month period beginning July 1, 2014.

Finance Committee and Board of Selectmen support Article 9.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 10 - Board of Selectmen - Capital Stabilization Fund [2/3rds vote required]

To see if the Town will vote to raise and appropriate a sum of money for the purpose of supplementing the Capital Stabilization Fund established by Article 6 of the May 6, 2013 Special Town Meeting, 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 $14,095 for the purpose of supplementing the Capital Stabilization Fund established by Article 6 of the May 6, 2013 Special Town Meeting, as authorized by Chapter 40, Section 5B of the General Laws.

Finance Committee and Board of Selectmen support Article 10.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 11 - Library Trustees - Library Planning/Design Project

To see if the Town will vote as follows:

Whereas, Article 8, Item M of the May 2, 2011 Annual Town Meeting appropriated the sum of $20,000 to be expended by the Library Trustees for a planning and design study regarding library expansion or new construction; and

Whereas, the Library Trustees are applying for a Massachusetts Public Library Construction Program grant from the Massachusetts Board of Library Commissioners;

Therefore, shall the Town vote: 

1. To authorize the Library Trustees to proceed with a feasibility study to examine the options for expanding and renovating the Reuben Hoar Library or building a new facility; provided, however, that such authorization shall be contingent upon the receipt of a state grant for such feasibility study;
2. To authorize the Library Trustees to apply for, accept, and expend any state grants that may be available for a library building planning and design project; and
3. To utilize the sum appropriated under Article 8, Item M of the May 2, 2011 Annual Town Meeting for the purpose of making funds available to the Library Trustees to be able to apply for matching state grant funds for a Library Feasibility Study.

or to take any other action in relation thereto. 

Motion: Moved and seconded by the Library Trustees that the Town vote to approve Article 11 as printed in the warrant.

Library Trustees, Finance Committee, and Board of Selectmen support Article 11.

Declared passed by a majority vote. So voted.

ARTICLE 12 - Board of Selectmen - Nashoba Valley Tech High School / Accelerated Roof Repair Project [2/3rds vote required]

To see if the Town will vote to approve the sum of $2,802,362 borrowing authorized by the Nashoba Valley Technical School District, for the purpose of paying costs of the Accelerated Roof Repair Project at the Nashoba Valley Technical High School, located at 100 Littleton Road, Westford Massachusetts, including the payment of all costs incidental or related thereto (the “Project”), which proposed repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program, and for which the District may be eligible for a school construction grant from the Massachusetts School Building Authority (“MSBA”), said amount to be expended at the direction of the Nashoba Valley Technical School Committee. The MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any Project costs the District incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the District and its member municipalities. Any grant that the District may receive from the MSBA for the Project shall not exceed the lesser of (1) fifty-two point twenty six percent (52.26%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; 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 12 as printed in the warrant.

Board of Selectmen and Finance Committee support Article 12.

Declared passed by a unanimous vote (2/3rds required). So voted.

ARTICLE 13 - Board of Selectmen/School Committee/Trust Fund Commissioners - M.H. Kimball Trust School Grant Funds

To see if the Town will vote to transfer $20,000 from a grant from the M.H. Kimball Trust to the Littleton School Department for the purpose of funding the biology and United States History programs at Littleton High School and costs related thereto, 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 13 as printed in the warrant.

Finance Committee, Trust Fund Commissioners, School Committee, and Board of Selectmen support Article 13.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 14 - Board of Selectmen - Senior Work Program

To see if the Town will vote to request the Board of Assessors to commit $55,000, or any other sum or sums of money, from the Overlay Account for Abatements to fund the Senior Citizen Tax Work-off Abatement Program, 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 14 as printed in the warrant.

Finance Committee, Board of Selectmen, and Council on Aging support Article 14.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 15 - 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 $391,000 for authorized road improvements and other projects provided for under Chapter 90 of the General Laws.

Finance Committee and Board of Selectmen support Article 15.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 16 - Board of Selectmen - Supplemental Borrowing: Roadway Improvements Plan [2/3rd vote required]

To see if the Town will vote to appropriate the sum of $1,000,000 for the purpose of undertaking roadway improvements, and that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under and pursuant to Chapter 44, Section 7(6), of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor, 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 and Board of Selectmen support Article 16.

Declared passed by a unanimous vote (2/3rd required). So voted.

[ARTICLES REQUIRING SUPERMAJORITY VOTE]

ARTICLE 17 - Planning Board - Zoning By-law Amendment: Medical Marijuana Dispensaries, Cultivation [2/3rds vote required]

To see if the Town will vote to amend the Zoning Bylaw of the Town of Littleton as follows:

1. Delete Article XXVII, Temporary Moratorium on Medical Marijuana Treatment Centers. 
2. Amend §173-2 by inserting, in alphabetical order, new definitions as follows:
   1. MEDICAL MARIJUANA TREATMENT CENTER and/or REGISTERED MARIJUANA DISPENSARY (RMD): means a not-for-profit entity registered under 105 CMR 725.100 that acquires, cultivates, possesses, processes (including development of related products such as edible MIPs, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana. 
   2. MARIJUANA: means marijuana as defined in 105 CMR 725 et seq. 
   3. MARIJUANA FOR MEDICAL USE: means Marijuana that is 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. 
   4. MARIJUANA INFUSED PRODUCT (MIP): means Marijuana Infused Product as defined in 105 CMR 725 et seq. 
   5. REGISTERED MARIJUANA DISPENSARY (RMD): see also MEDICAL MARIJUANA TREATMENT CENTER. 
3. Amend §173-22.A(2) to read as follows: “In addition, there are Wetlands, Floodplains, Aquifer Water Resource, Littleton Village Overlay District West—Beaver Brook Area, and Registered Marijuana Dispensary Overlay Districts. 
4. Insert a new Article XXVII, Registered Marijuana Dispensaries, as follows: 

§173-185. Purposes.

1. To provide for the limited establishment of a Registered Marijuana Dispensary (“RMD”) in a suitable location and under strict conditions. 
2. To regulate the siting, design, placement, safety, monitoring, modification and removal of any RMD that may be located within the Town. 
3. To minimize the adverse impacts of any RMD on the Town, nearby properties, residential neighborhoods, schools and other places where minors congregate, local historic districts, and other land uses incompatible with said facilities. 
4. To limit the overall number of RMDs in the Town to the minimum required by applicable law. 

§173-186. Applicability.

1.  The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale trade, distribution or dispensing of Marijuana for Medical use is prohibited unless permitted as a RMD under this Article XXVII. 
2.  No RMD shall be established except in compliance with the provisions of this Article XXVII. 
3.  Nothing in this Article XXVII 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 XXVII supersede federal, state or local laws. 
4.  Where not expressly defined in the Section 173-2, all terms used herein shall be as defined in 105 CMR 725 et seq. 

§173-187. Siting. 

The Registered Marijuana Dispensary Overlay District is hereby established as an overlay district that shall include Assessors’ Parcel R18-6-0 (500 Great Road) and those certain parcels within the Industrial A (IA) Zoning District as are shown on the map entitled “Registered Marijuana Dispensary Overlay District Zoning Map” dated March 17, 2014, on file with the Town Clerk and hereby made a part of this chapter. A RMD may be sited within the Registered Marijuana Dispensary Overlay District only, subject to the provisions of this Article. 

§173-188. Administration and Procedure.

1. A RMD may be allowed within the Registered Marijuana Dispensary Overlay District 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 Certificate of Registration from the Department of Public Health (DPH) is eligible to apply for a special permit pursuant to this Article. 
2. Applicants for a special permit pursuant to this Article XXVII are strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed application for a new RMD and to discuss in general terms of the proposed RMD 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 its Certificate of Registration from the Massachusetts Department of Public Health. 
   2. A copy of any waivers of regulations that the Department of Public Health has issued to the applicant. 
   3. Copies of all policies and procedures approved by the Department of Public Health, including without limitation the RMD’s operating procedures pursuant to 105 CMR 725.105(A). 
   4. The source or sources of all marijuana that will be sold or distributed at the proposed RMD, if applicable. 
   5. The quantity of marijuana that will be cultivated, processed, and/or packaged at the RMD, if applicable. 
   6. Names and addresses of each owner of the RMD and, where the owner is a business entity, the names and addresses of each owner of the business entity.
   7. 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. 
   8. Copies of all licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies. 
   9. Evidence that the applicant has site control and the right to use the proposed site as a RMD. Such evidence shall be in the form of a deed, purchase and sale agreement, lease, or other legally binding document. 
   10. 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 RMD (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 XXVII. 
4. Upon the filing of the special permit application with the SPGA, the applicant shall simultaneously deliver copies of the application to the Board of Selectmen, the Building Commissioner, the Board of Health, the Police Department and the Fire Department. 

§173-189. Special Permit Requirements.

1. No RMD shall be located within 1,500 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, half-way house or similar facility; or any other RMD. For purposes of this section, distances shall be measured from the nearest property line containing one of the listed uses to the nearest point of the building in which the RMD is located. 
2. The SPGA may reduce the minimum distance requirement in Section 173-189.A as part of the issuance of a Special Permit in the following instances only:
   1. Renewal of a Special Permit for an existing RMD where the use described in Section 173-189.A has been established after issuance of the original Special Permit. 
   2. Change of permit holder for an existing RMD where the use described in Section 1733-188.A has been established after issuance of the original Special Permit. 
   3. The applicant demonstrates to the satisfaction of the SPGA that application of Section 173-189.A will effectively prohibit the placement of a RMD within the Town. 
3. A special permit for a RMD shall be limited to one or more of the following uses:
   1. Cultivation of Marijuana for Medical Use; 
   2. Processing and packaging of Marijuana for Medical Use, including Marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments, and other products; 
   3. Retail sale or distribution of Marijuana for Medical Use to Qualifying Patients.
      
      Any use involving any one of these activities is considered a RMD. 
4. Only one RMD shall be permitted within Town. 
5. The RMD shall be designed such that all processing, cultivation and storage of marijuana shall be conducted indoors. No materials, plants, equipment, supplies or byproducts shall be visible from outside of the premises/building. With the exception of loading areas, no operations shall be visible by the public. 
6. No smoking, burning, or consumption of any product containing Marijuana shall be permitted at the RMD. 
7. All shipping and receiving areas shall serve the RMD exclusively. In the case of a multi-use or multi-tenant site, the RMD shall be laid out and designed to ensure separation from other uses or tenants at the site. 
8. The RMD 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. 
10. The RMD shall post at a conspicuous location at the public entrance a sign that states “Registration card issued by the MA Department of Public Health required.” The required text shall be a minimum of two inches in height. Signage shall otherwise be limited to that which is permitted under 105 CMR 725.100(L) and the Town’s sign bylaw. 
11. The RMD 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 to a person who has been convicted of a felony or a violation of a state or federal statute prohibiting the unlawful possession, sale or distribution of narcotic drugs or prescription drugs. Further, no special permit shall be issued to any entity in which an owner, shareholder, member, officer, manager or employee has been convicted of a felony or violation of a state or federal statute prohibiting the unlawful possession, sale or distribution of narcotic drugs or prescription drugs. 

§173-191. Special Permit Approval Criteria.

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

1. In the case of retail sale or distribution, the proposed use would serve a demonstrated demand that is currently unmet within the area. 
2. The RMD is fully permitted by all applicable agencies within the Commonwealth of Massachusetts and is in compliance with all State laws and regulations. 
3. The proposed use is designed to minimize any adverse impacts on the on the residents of the Town. 
4. The RMD contains a secure indoor waiting area for qualifying patients. 
5. The storage and/or location of cultivation of Marijuana is adequately secured in enclosed, locked facilities within the RMD. 
6. The RMD adequately addresses issues of vehicular and pedestrian traffic, circulation, parking and queuing, especially during peak periods at the facility, and adequately mitigates the impacts of vehicular and pedestrian traffic on neighboring uses. 

§173-192. Special Permit Conditions.

1. 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:
   1. Minimization of the impacts of increased noise and traffic. 
   2. Imposition of security precautions related to the high value of products and case transactions. 
   3. Deterring the presence of unauthorized or ineligible persons at, or near, the RMD. 
   4. Imposition of measures to prevent diversion of marijuana. 
   5. Conditions related to the design and construction of the facility to improve safety, security and conformance with community character. 
2. The SPGA shall include conditions concerning the following in any special permit granted pursuant to this Article:
   1. Hours of operation, including dispatch for any home delivery. 
   2. The reporting of any incidents to the Building Commissioner and Planning Board as required pursuant to 105 CMR 725.110(f) within 24 hours of their occurrence. Such reports may be redacted as necessary to comply with any applicable state or federal laws or regulations. 
   3. The reporting of any cease and desist order, quarantine order, suspension order, limiting sales order, notice of hearing or final action by the Department of Public Health or the Division of Administrative Law Appeals, as applicable, regarding the RMD to the Building Commissioner and the SPGA within 48 hours of the applicant’s receipt. 
3. The issuance of a special permit pursuant to this Article shall also be subject to the following:
   1. 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 least120 days prior to the expiration f the special permit. 
   2. Special permits shall be limited to the original applicant(s) and shall expire on the date the special permit holder ceases operation of the RMD. 
   3. 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 Certificate of Registration from the Department of Public Health and any other applicable State licenses. 
   4. 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 RMD or the expiration or termination of the permit holder’s Certificate of Registration from the Department of Public Health. 
   5. Special permits shall lapse upon the expiration or termination of an applicant’s Certificate of Registration from the Department of Public Health. 

or take any other action in relation thereto. 

Motion: Moved and seconded by the Planning Board that the Town vote to approve Article 17 as printed in the warrant.

Planning Board, Board of Health, and Board of Selectmen support Article 17.

Declared passed by a 2/3rds vote (In favor: 167; Opposed: 2). So voted.

ARTICLE 18 - Planning Board - Zoning By-law Amendment: Accessory Dwellings [2/3rds vote required]

To see if the Town will vote to amend the Zoning By-law of the Town of Littleton, by inserting a new Section 173-59, as follows: 

§173-59. Conversion of Accessory Dwelling.

1. The Special Permit Granting Authority may amend a Special Permit issued pursuant to §173-58 to provide for occupancy by one (1) or more persons not related by blood or marriage or functionally dependent (for medical or other reasons) on the occupant(s) of the other unit, provided the following conditions are met:
   1. The unit is contained within an existing owner-occupied dwelling. 
   2. The unit was established by special permit pursuant to §173-58 for the purpose of serving one (1) or more persons related by blood or marriage or functionally dependent (for medical or other reasons) on the occupant(s) of the other unit and the unit served as the bona fide residence for such an occupant or occupants for at least two (2) years, unless such residency concludes earlier by reason of death, medical condition, or similar good cause shown to the satisfaction of the Special Permit Granting Authority. 
   3. The unit is a complete, separate housekeeping unit with independent access and egress and containing a kitchen and at least one full bath. 
   4. There is no more than one accessory dwelling unit on the lot. 
   5. The owner(s) of the residence in which the accessory dwelling unit is to be concerted must continue to occupy at least one of the dwelling units as their primary residence, except for bona fide temporary absences.
   6. All outside entrance(s) serving an accessory dwelling unit are located in the side or rear of the building. 
   7. The gross floor area of the accessory dwelling unit does not exceed one thousand (1,000) square feet. 
   8. The accessory dwelling unit may not be occupied by more than three (3) people nor have more than two bedrooms. 
2. Conversion of an accessory dwelling unit pursuant to this Section requires the continued occupancy of one of the dwelling units by the property owner(s). Accordingly, as part of the special permit application, the applicant shall submit sworn affidavit stating that the applicant shall occupy one of the dwelling units on the premises as the applicant’s primary residence. 
3. When any accessory dwelling unit converted pursuant to this section is sold or conveyed in any manner, the new owner(s) shall upon closing record in the Middlesex South District Registry of Deeds, along with their deed, a sworn affidavit stating that the new owner(s) will, in accordance with the terms of the special permit, occupy one of the dwelling units on the premises as the new owner(s) primary residence, except for bona fide temporary absences. The new owner(s) shall provide the Building Commissioner with a copy of the affidavit and documentation of such recording. The special permit shall lapse upon failure of any new owner(s) to timely record said affidavit and/or failure to timely notify the Building Commissioner. 

or take any other action in relation thereto. 

Motion: Moved and seconded by the Planning Board that the Town vote to approve Article 18 as printed in the warrant.

Planning Board supports Article 18.

Article does not pass [In favor: 52; Opposed: 93] (2/3rds required).

ARTICLE 19 - Planning Board - Zoning By-law Amendment: Flood Insurance Rate Maps [2/3rds vote required]

To see if the Town will vote to amend the Zoning Bylaw of the Town of Littleton as follows:

1. Delete the third and fourth sentences of existing Section 173-72 and replace them with the following: “The map panels of the Middlesex County FIRM that are wholly or partially within the Town of Littleton are panel numbers 25017C0209E, 25017C0216E, 25017C0217E, 25017C0218E, and 25017C0228E, dated June 4, 2010; and 25017C0219F, 25017C0236F, 25017C0237F, 25017C0238F, 25017C0239F, 25017C0241F, and 25017C0243F, dated July 7, 2014. The exact boundaries of the floodplain may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS) report, dated July 7, 2014.”
2. Delete from Section 173-73.G the statement “Section of the Massachusetts State Building Code which addresses the floodplain and coastal high hazard areas (currently 780 CMR 120.G, “Flood Resistant Construction and Construction in Coastal Dunes”);” and insert in its place the following: “Section of the Massachusetts State Building Code which addresses floodplain areas (currently 780 CMR).” 

or take any other action in relation thereto. 

Motion: Moved and seconded by the Planning Board that the Town vote to approve Article 19 as printed in the warrant.

Planning Board and Board of Selectmen support Article 19.

Declared passed by a unanimous vote (2/3rds required). So voted.

ARTICLE 20 - Board of Selectmen - Long Lake Park Lot Consolidation [2/3rds vote required]

To see if the Town will vote, pursuant to Sections 3, 8C and 15A of Chapter 40 of the Massachusetts General Laws, or any other enabling authority, to authorize the Board of Selectmen to transfer by deed to Conservation Commission the care, custody, management and control of the following Town-owned parcels located in Long Lake Park, so-called, identified by Assessors Map and Lot numbers: (A) those acquired by the Town through tax title: U32-57, U32-58, U32-62, U32-66A, U32-69, U32-70, U32-75, U32-132, U32-112, U23-2, U23-3, U23-8, U23-11, U23-19, U23-20, U23-25, and U23-37; and (B) such parcel acquired by the Town by gift: U32-64; provided, however, that, such transfers shall be subject to all existing infrastructure for drainage and provided further that the Town may construct upon any such parcel additional stormwater management infrastructure that is designed to protect the water quality of Long Lake, 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 20 as printed in the warrant.

Board of Selectmen, Conservation Commission, and Finance Committee support Article 20.

Declared passed by a unanimous vote (2/3rds required). So voted.

[OTHER ARTICLES, INCLUDING ROUTINE AUTHORIZATIONS & REAUTHORIZATIONS]

ARTICLE 21 - 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, 2014, 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 21 as printed in the warrant.

Board of Selectmen and Finance Committee supports Article 21.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 22 - 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 2015, 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 22 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 22.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 23 - Board of Selectmen - FY 2015 Personal Exemption Amounts

To see if the Town will vote to accept Chapter 73 of the Acts and Resolves of 1986, as amended by Chapter 126 of the Acts and Resolves of 1988, and under the provisions thereof to grant additional real estate tax exemptions for fiscal year 2015 to those persons who otherwise qualify for an exemption under Clauses 17D, 22, 22A, 22B, 22C, 22D, 22E, 37A or 41C of section 5 of Chapter 59 of the General Laws (elderly persons, disabled veterans, or blind persons), in an amount equal to twenty percent (20%) of said exemption, 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 23 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 23.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 24 - 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, as follows:

1. By amending §33-7. DEFINITIONS, as follows:
   1. To reorder all definitions so that they appear in alphabetical order;
   2. By amending the following definition to read as follows:
      • Compensation Plan - Specified ranges of pay for each job classification included in the Classification Plan, appearing as Schedule A through D to these By-Laws.
   3. By adding the following definitions:
      • Exempt Employee – as defined in the federal Fair Labor Standards Act.
      • Non-exempt Employee – as defined in the federal Fair Labor Standards Act. 
      • Promotion – For the purposes of this by-law, all positions being filled, including promotions must follow the hiring process stated in §33-9.
      • Workforce Development – a strategic approach to ensure that the necessary talent and skills will be available when needed and that essential knowledge and abilities will be maintained.
2. By adding a new section §33-7A. WORKFORCE DEVELOPMENT to read as follows:
   
   The Town is committed to providing the highest levels of excellence in the provision of all service. In order to sustain this level of excellence, it is imperative that the department/employee retain the highest levels of performance and adaptability in a changing work environment. The Town should seek to employ and retain motivated and competent employees. The foundation for this effort is the management of the entire workforce through short and long term planning for competencies and skills needed to carry out each Town position. This will be, in part, accomplished through ongoing workforce development as a concerted effort to develop both existing and future employees from within and outside the organization. Management should, when possible, identify and develop employees with the potential to fill key leadership positions throughout Town government. The Personnel Board and Town Administrator shall serve as a resource for workforce development.
3. By amending §33-9. HIRING AND RE-CLASSIFICATION to read as follows:
   
   The filling of all open benefit eligible and non-benefit eligible positions covered by this By-Law must follow the procedures detailed in the Town’s Hiring Policy & Procedures manual including, but not limited to the following:
   • A job description agreed to by both the Appointing Authority and the Personnel Board shall be completed prior to the announcement of the job opening.
   • The hiring grade and step for the job opening shall be in accordance with the Classification and Compensation Plan, or be developed with and agreed to by the Personnel Board prior to the announcement of the job opening.
   • The Appointing Authority, in order to find the most qualified candidates, shall determine if the job opening should be posted (a) internally within the Town, or (b) internally and externally. Internal only openings shall be posted for a minimum of one week and marked as “Internal Town Candidates Only”. Internal/External postings must be posted for two weeks and, if appropriate, shall be advertised externally. All postings shall be made on the Town Hall Bulletin Board.
4. By amending §33-16. TRANSFER AND PROMOTION OF EMPLOYEES to read as follows:
   1. When a current employee is hired to a position with a higher-rated grade, he/she shall enter it at the step which provides an increase in salary. He/she may also receive a one step rate increase at the time if the Appointing Authority recommends that qualifications and performance warrant it, and the Personnel Board approves.
   2. If the employee is transferred to a job at the same grade, he/she shall remain at his/her current step.
   3. If the employee is transferred to a lower grade job, he/she shall enter it at his/her own step or at the maximum step for the job, whichever is lower, provided that the Personnel Board approves. The employee shall have the right of appeal to the Personnel Board and to be heard thereon.
   4. No employee may be reclassified to a position in another grade either higher or lower until the Personnel Board determines that such a re-classification will be consistent with the provisions of the Classification Plan and this by-law.
5. By amending §33-18. OVERTIME AND COMPENSATORY TIME to read as follows:
   1. Non-exempt employees begin to accrue overtime after they have worked 40 hours in a work week. Overtime must be pre-approved by the supervisor. The applicable budget must have funds available to cover the overtime pay. 
   2. Compensatory time may be utilized, on an exception basis, as an alternative to overtime pay, subject to the following restrictions. If overtime is authorized by the supervisor, the choice to accrue compensatory time in lieu of being paid overtime wages must be stated by the employee. As with overtime wages, compensatory time is earned at one and one half hours for every hour worked. All compensatory hours should be logged on the standard compensatory time sheet and attached to the employee’s regular time sheet each pay period. Employees should use accrued compensatory time in a timely matter. The use of accrued compensatory time must be pre-approved by the supervisor. In no case should the compensatory time accrual balance be allowed to exceed 24 hours. Compensatory time cannot be rolled over to the new fiscal year and therefore any accrued time must be paid out as overtime wages prior to June 30th of each year. Any unused compensatory time at time of separation of employment must be paid to the employee in their final paycheck. 
   3. Exempt employees are not eligible for compensatory time.
6. By amending §33-27. MILITARY LEAVE to read as follows:
   
   A benefit eligible employee who has been granted a military leave of absence because the employee is a member of the Army National Guard, the Air National Guard or a reserve component of the Armed Forces of the United States called to active service in the armed forces of the United States shall be entitled to receive pay at his regular base salary as such an employee, and shall not lose any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime. An employee eligible under this section shall be paid his regular base salary as such an employee for each pay period of such military leave of absence, reduced by any amount received from the United States as pay or allowance for military service performed during the same pay period, excluding overtime pay, shift differential pay, hazardous duty pay or any other additional compensation. For the purposes of this section, the words "active service" shall not include active duty for training or temporary duty in the Army National Guard or Air National Guard or as a reservist in the Armed Forces of the United States.
7. By adding the following to the listing of positions under Schedule A, Permanent Full and Part-time Employees:
   • Grade 6 - Administrative Assistant – Human Resources
   • Grade 7 - Wellness Coordinator
   • Grade 10 - Plumbing Inspector

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.

Board of Selectmen, Personnel Board, and Finance Committee support Article 24.

Declared passed by a majority vote. So voted.

ARTICLE 25 - Board of Selectmen - Town By-law Amendment: Veteran’s Preference

To see if the Town will vote to amend the Town Code by adding a new Chapter 32, Veteran’s Preferences, to read as follows, 

Chapter 32, VETERAN’S PREFERENCE

§ 32-1. Application of Chapter.

This chapter shall apply to all Town of Littleton departments and to all positions of all employees in the service of the Town, whether benefit eligible, non-benefit eligible or seasonal, other than the School Department, Light and Water Departments, and other than those positions which are covered by separate agreement between any association of employees and the Town or any individual employee and the Town and developed through collective bargaining, except that all provisions of this chapter shall be applicable in so far as any collective bargaining agreement may refer to this chapter and to the extent applicable by statue or in the absence of any other provision. 

§ 32-2. Veteran’s Hiring Preference.

In the employment of individuals for all positions subject to this Chapter, preference shall be given to citizens of the Commonwealth who have been residents of the Commonwealth for at least six months at the commencement of their employment who are veterans as defined in G.L. c. 4, § 7, Clause 43, and who are qualified to perform the work to which the employment relates. “Preference” in this context means that if two or more individuals are equally qualified to perform the work to which the employment relates, the qualified veteran, as defined in this provision, shall be offered the position over the other qualified candidates.

or to take any other action relative thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 25 as printed in the warrant.

Board of Selectmen supports Article 25.

Declared passed by a majority vote. So voted.