May 1, 2017 Annual Town Meeting

FY18 Annual Town Meeting

Return to Town Meeting Main Page

Date/Time:

Monday, May 1, 2017 at 7:00 PM

Location:

Charles Forbes Kaye Gymnasium, Littleton Middle School, 55 Russell Street, Littleton, MA 01460

Warrant:

Annual Town Meetingposted March 28, 2017

Town Meeting Report:

Town Meeting Report - w/motions, recommendations, explanations

Town Meeting Decisions

  1. Town Officers*
  2. Annual Report [including Master Plan Update]
  3. Zoning Amendment: Senior Residential Developmentarticle did not pass [125-68 (2/3rds vote required)]

    Financial Articles
  4. FY 2018 Operating Budget
  5. FY 2018 Revolving Funds*
  6. FY 2018 Water Enterprise Fund Operating Budget*
  7. FY 2018 Park, Recreation & Community Education Enterprise Fund Operating Budget*
  8. FY 2018 Capital Items from Available Funds
  9. FY 2018 Community Preservation Budget*
  10. Personnel By-law Amendments*
  11. Stabilization Fund
  12. Capital Stabilization Fund
  13. Debt Exclusion Stabilization Fund
  14. Trust Fund Grant*
  15. Senior Citizens and Veterans Tax Work-off Abatement Programs*
  16. Use of MassDOT Chapter 90 Funds*

    Articles requiring supermajority vote
  17. Zoning Amendment: Accessory Apartment [2/3rds vote]
  18. Zoning Amendment: Temporary Moratorium Marijuana Establishments [2/3rds vote] 
  19. Town Offices / Middle School / Russell Street School Parcel [2/3rds vote]*
  20. Acquire Land at Parcel U39-4-14 for Mill Pond Restoration Project [2/3rds vote]
  21. Acquire Land at 31 Boxborough Road [Joyce Williams] for Conservation Purposes [2/3rds vote]

    Other articles, including routine authorizations and reauthorizations
  22. Town By-law Amendment: Town Meeting Procedures 
  23. Town By-law Amendment: Departmental Revolving Funds*
  24. Home Rule Petition: Two Additional All Alcoholic Package Store Licensesarticle did not pass.
  25. Voter Petition: Non-binding Resolution – Affirming Littleton’s Rights – Nagog Pond  - withdrawn
  26. Voter Petition: Non-binding Resolution – Water Resource Sharing – Nagog Pond - withdrawn
  27. Borrowing Authorization*
  28. Supplemental Prior Borrowing Votes to Permit Application of Sale Premium to Pay Project Costs*
  29. Compensating Balance Agreement*
  30. FY 2018 Personal Exemption Amounts*

*articles passed unanimously following "Call of the Articles"


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 2018: 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 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 (1) to accept all printed reports of Town Officers and Committees as published in the 2016 Annual Town Report; and (2) to receive the “Littleton Master Plan 2030” as adopted by the Planning Board pursuant to MGL C.41,§81D, a copy of which is on file with the Town Clerk.

Board of Selectmen supports Article 2.

Declared passed by a unanimous vote.

ARTICLE 3 - Planning Board - Zoning Amendment: Senior Residential Development [2/3rds vote required]

To see if the Town will vote to amend the Zoning By-law as follows:

  1. By deleting from §173-26.A, Principal Uses, the phrase “Over-55 Housing Development” and inserting, in place thereof, “Senior Residential Development,” leaving the use designation for the Residence District unchanged, and changing the use designation from “N” to “P” for the Village Common District, Business District, Industrial A District and Industrial B District. 
  2. By deleting existing Article XXIII, Over 55 Housing Developments, and inserting, in place thereof, new Article XXIII, Senior Residential Development, to read as follows:

Article XXIII, Senior Residential Development

§173-145. Purposes.

The purpose of this article is to provide for a variety of housing types, settings, and residential services to meet the needs of people as they age.

§173-146. Applicability.

  1. The Planning Board may grant a Special Permit for a Senior Residential Development in accordance with this Article XXIII on any tract of land meeting the following requirements:
    1. Two or more acres of land;
    2. Minimum of 100 feet of frontage on a public way; and 
    3. Public water available at the street frontage.
  2. A Senior Residential Development is intended for people age 55 or over. As such, buildings and site improvements in a Senior Residential Development shall provide for visitability and universal design in accordance with the provisions of this article. 

§173-147. Uses.

  1. A Senior Residential Development in the Residence, Village Common, or Business District shall include one or more of the following uses:
    1. Detached single-family dwellings
    2. Two-family dwellings 
    3. Townhouse dwellings
    4. Independent living units
    5. Assisted living residence, with or without memory care units
    6. Continuing care retirement community, which shall include an assisted living residence and one or more of the other uses listed above, and may include a skilled nursing facility or physical rehabilitation facility with not more than 100 beds.
  2. A Senior Residential Development in an Industrial District shall include one or any combination of the following uses:
    1. Independent living units
    2. Assisted living residence, with or without memory care units
    3. Skilled nursing facility or physical rehabilitation facility with not more than 100 beds
  3. An assisted living residence or continuing care retirement community may include the following nonresidential uses, provided that aggregate floor area for the nonresidential uses shall not exceed 10 percent of the total gross floor area of the buildings in the development. 
    1. Retail, up to a maximum of 2,500 sq. ft. 
    2. Personal services
    3. Medical office or clinic
    4. Community center or senior center
  4. A Senior Residential Development may also include the following uses:
    1. Adult day care center
    2. Accessory uses for residents, employees, and guests, such as central or common dining facilities or laundry facilities, or indoor or outdoor recreation facilities
    3. Conservation or agricultural uses 

§173-148. Basic Requirements.

  1. A Senior Residential Development shall comply with the following density regulations:
    • Use - Maximum Density - Maximum Building Height (Feet)
    • Detached single-family dwellings or two-family dwellings - 4 units/acre - 32'
    • Townhouse dwellings - 8 units/acre - 32'
    • Independent living units - 20 units/acre - 55'
    • Assisted living residence - 16 units/acre - 40'
  2. Maximum building coverage shall not exceed 35 percent of the lot area for new construction or expansion of existing structures. 
  3. For detached single-family dwellings, two-family dwellings, and townhouses, the minimum setback shall be 30 feet from all property lines in the Residence District, and 15 feet in the Village Common or Business District, unless the Planning Board determines that a reduced setback is necessary to achieve the purposes of this section and will not have a detrimental impact on the neighborhood. The minimum setback for an assisted living residence, independent living units, or any buildings in a continuing care retirement community shall be 50 feet in all districts. 
  4. The minimum common open space in the development shall be 30 percent of the lot area, and not more than 25 percent of the required minimum common open space shall consist of wetlands. A permanent conservation restriction running to or enforceable by the Town shall be recorded for the common open space area and shall include restrictions that the land be retained in perpetuity for conservation or passive recreation. 
  5. Minimum off-street parking requirements shall be as follows:
    1. Detached single-family dwellings, two-family dwellings, or townhouses: 2 spaces per unit
    2. Independent living units: 1 space per unit 
    3. Assisted living residence: 1 space per two units
    4. Skilled nursing facility or physical rehabilitation center, if included in a continuing care retirement community: 1 space per two beds
    5. Guest parking: 1 space per 3 units or 3 beds, as applicable

§173-149. Age-Appropriate Design.

  1. A Senior Residential Development shall be designed to provide senior housing services in a setting that encourages and supports aging in community. While units do not have to be age restricted to adults 55 years and over, they must be “visitable” and age-appropriate by design. At minimum, these terms mean that a Senior Residential Development shall have the following features:
  2. Single-family, two-family, and townhouse units shall provide for:
    1. At least one zero-step entrance,
    2. Doorways with a 36-inch clear passage space, 
    3. Master bedroom and an accessible bathroom located on the same floor as the kitchen, living room, and dining room, all being on the same floor as the zero-step entrance, and
    4. Indoor or structured parking. 
  3. Independent living units and assisted living facilities shall comply with the accessibility requirements of the Massachusetts Architectural Access Board.
  4. Outdoor facilities, such as walkways, gardens, and recreation areas, shall be designed for universal access.

§173-150. Development Standards.

As part of the Planning Board’s special permit review process, the Board shall evaluate the proposed Senior Residential Development for conformance to the following minimum design standards. 

  1. Architectural planning and design shall incorporate energy efficient design techniques, such as natural heating and cooling systems, use of sun and wind energy generation systems, and so forth.
  2. Structures located near the project property lines shall be designed and located in a manner that reflects consistency and compatibility with neighboring areas, and shall include appropriate use of building density, heights and design to minimize any intrusion on neighbors.
  3. Outdoor recreation or gathering areas, particularly those that may generate significant noise and/or light and glare, shall be located to minimize intrusion on neighboring properties.
  4. Structures shall be clustered to reduce site disturbance and protect open spaces, natural and environmentally sensitive areas.
  5. Building design shall avoid use of long, unbroken facades, and shall include use of balconies, offset walls, trellises and other design features.
  6. Building design, colors, and materials shall generally correspond to the natural setting of the project site, and to any prevalent design styles that may occur in neighborhoods within the general project area.
  7. The development shall be served by public water.

§173-151. Procedures.

  1. The special permit application, public hearing, and decision procedures shall be in accordance with this article, the Planning Board’s Rules and Regulations, and Section 173-7 of this Zoning By-law.
  2. The Applicant shall submit a Senior Residential Development special permit application together with the size, form, number, and contents of the required plans and any supplemental information as required in the Planning Board’s Rules and Regulations.

§173-152. Decision. 

  1. The Planning Board may grant a Senior Residential Development special permit with any conditions, safeguards, and limitations it deems necessary to mitigate the project’s impact on the surrounding area and to ensure compliance with this article, only upon finding that:
    1. the Senior Residential Development meets the purposes, requirements, and development standards of this Article XXIII, and
    2. the Senior Residential Development is consistent with the goals of the Littleton Master Plan.
    3. By deleting from §173-2, Definitions, the existing definition of Dwelling, Single-Family, and inserting the following new definitions in appropriate alphabetical order:

ASSISTED LIVING RESIDENCE -- An assisted living residence is a long-term senior residential facility that provides personal care support services such as meals, medication management, bathing, dressing, and transportation, principally for people age 55 years and over, and certified by the Massachusetts Office of Elder Affairs. 

CONTINUING CARE RETIREMENT COMMUNITY -- A Senior Residential Development that provides a continuum of senior housing and care services principally for people age 55 years and over, operated or sponsored as a coordinated unit by a corporation or organization, having among its principal purposes the provision of housing and associated services for senior citizens. A CCRC shall include a variety of housing types and may also include semi-institutional facilities such as skilled nursing care or a rehabilitation facility. 

INDEPENDENT LIVING UNITS – Multi-family buildings in a Senior Residential Development that are designed and intended for occupancy principally by people age 55 years and over, with units that include some basic services such as meals, housekeeping, grounds maintenance, security, and common areas and common facilities for events and activities benefiting residents of the development. 

DWELLING, SINGLE-FAMILY DETACHED -- A dwelling other than a mobile home, singly and apart from any other building, designed or intended or used exclusively as the residence of one family.

DWELLING, TOWNHOUSE OR SINGLE-FAMILY ATTACHED -- A residential building of at least three but not more than eight single-family dwelling units sharing at least one common or party or fire wall, and with each building having at least one floor at ground level with a separate entrance.

DWELLING, TWO-FAMILY -- A detached residential building designed or intended or used exclusively as the residence of two families. A two-family dwelling shall not include a detached single-family dwelling with an accessory apartment. 

DWELLING, MULTI-FAMILY -- A building designed or intended or used as the residence of three or more families, each occupying a separate dwelling unit and living independently of each other, and who may have a common right in halls and stairways; with the number of families in residence not exceeding the number of dwelling units provided; or to take any other action in relation thereto. 

Motion: Moved and seconded by the Planning Board that the Town vote to approve Article 3 as printed in the warrant.
Planning Board and Board of Selectmen support Article 3.

Article does not pass 125-68 (2/3rds vote required)

FINANCIAL ARTICLES

ARTICLE 4 - Finance Committee/Board of Selectmen - FY 2018 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, 2017, 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 $41,419,287 and transfer from the funds specified herein the sum of $1,418,519, for a total of $42,837,806 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, 2017.

Finance Committee/Board of Selectmen - FY 2018 Operating Budget
Finance Committee/Board of Selectmen - FY 2018 Operating Budget
Finance Committee/Board of Selectmen - FY 2018 Operating Budget
Finance Committee/Board of Selectmen - Operating Budgets

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

Article passes by majority vote.

ARTICLE 5 - Board of Selectmen - FY 2018 Revolving Funds

To see if the Town will vote to authorize the following Fiscal Year 2018 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. 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;
  3. 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;
  4. 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;
  5. 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;
  6. 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;
  7. Spectacle Pond Cell Tower: to allow receipts from the Spectacle Pond Cell Tower Clean Lakes Fund established by Article 6 of the May 8, 2000 Special Town Meeting to be segregated into a special account; and with funds therefrom, up to a limit of $46,000 annually, to be expended for expenses associated with the Clean Lakes program, under the direction of the Clean Lakes Committee; 
  8. 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;
  9. 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;
  10. 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;
  11. 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; 
  12. 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;
  13. LCTV Boxborough IMA: to allow the proceeds resulting from the provision of LCTV cable services to the Town of Boxborough through an intermunicipal agreement to be segregated into a special account; and with funds therefrom, up to a limit of $65,000 annually, to be expended for expenses associated with the provision of said services under the direction of the LCTV Executive Director with the approval of the Board of Selectmen;
  14. School Department Transportation: to allow the proceeds resulting from user fees from providing school bus transportation to be segregated into a special account; and with funds therefrom, up to a limit of $150,000 annually, to be expended for expenses associated with providing student bus transportation under the direction of the School Committee; and
  15. School Department One to One Technology: to allow the proceeds resulting from user fees from technology lease purchases to be segregated into a special account; and with funds therefrom, up to a limit of $150,000 annually, to be expended for expenses associated with one to one technology initiative for students under the direction of the School Committee; and
  16. Conservation Community Gardens: to allow receipts from fees for community gardens on Conservation Commission properties to be segregated into a special account; and with funds therefrom, up to a limit of $1,000 annually, to be expended for maintenance and improvements of said gardens under the direction of the Conservation Commission.

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 2018 Revolving Funds precisely as set forth in Article 6 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 5. 

[Call of the Articles: approved by unanimous vote]

ARTICLE 6 - Board of Water Commissioners - FY 2018 Water Enterprise Fund Operating Budget

To see if the Town will vote to appropriate $3,464,735 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, 2017 (detail below), or to take any other action in relation thereto.

Board of Water Commissioners - FY 2018 Water Enterprise Fund Operating Budget

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.

[Call of the Articles: approved by unanimous vote]

ARTICLE 7 - Park & Recreation Commission - FY 2018 Park, Recreation & Community Education Enterprise Fund Operating Budget

To see if the Town will vote to appropriate $987,277 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, 2017 (detail below), or to take any other action in relation thereto.

Park & Recreation Commission - FY 2018 Park, Recreation & Community Education Enterprise Fund Operating Budget

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 unanimous vote]

ARTICLE 8 - Board of Selectmen/ Finance Committee - FY 2018 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, and for costs incidental and related thereto, or to take any other action in relation thereto.

I. POLICE DEPARTMENT

  1. Police Patrol Vehicle Replacements - $117,000 to be expended by the Police Department for replacement of two police patrol vehicles with Ford Police Inceptors.
  2. 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.
  3. Police Vehicle Maintenance -$7,000 to be expended by the Police Department for tire replacement and equipment maintenance of its fleet of vehicles.
  4. K-9 Vehicle Replacement - $30,000 to be expended by the Police Department to replace the K-9 Patrol Vehicle.

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 fourth year of an annual replacement program for turnout gear.
  3. Engine 4 Refurbishment - $125,000 to be expended by the Fire Department to refurbish a 2007 Smeal Pump Truck.
  4. Fire Station Renovation Project Community Room - $44,000 transferred from the LCTV PEG Access and Cable Related Fund, to be expended by Littleton Community Television and the Permanent Municipal Building Committee for the Fire Station Community Room with broadcast media equipment necessary to outfit the new facility for local programming on LCTV, specifically in the area of Government Programming.

III. HIGHWAY DEPARTMENT

  1. Highway Major Equipment Repair - $18,000 to be expended by the Highway Department for major equipment repairs and upkeep. 
  2. Administrative Vehicle – $25,601 to be expended by the Highway Department for the purchase of a Ford Escape to be used by the Director of Public Works. 
  3. One-ton Dump Truck, Plow Replacement - $68,536 to be expended by the Highway Department to replace a 2009 Ford F-450 dump truck and plow.
  4. Front End Loader Replacement - $175,000 to be expended by the Highway Department to replace a 1998 model John Deere front end loader.

IV. SCHOOLS 

  1. Technology, Chromebook Replacements - $115,000 to be expended by the School Committee to replace miscellaneous technology equipment and Chromebooks.
  2. School Resource Materials - $100,000 to be expended by the School Committee for school resource materials, textbooks, and training.
  3. Custodial Equipment – $44,500 to be expended by the School Committee to replace custodial equipment throughout the school district.
  4. Café POS Hardware - $8,000 to be expended by the School Committee for purchase and installation of Café POS (point of sale) hardware in all schools.
  5. Folding Chairs/Carts - $15,000 to be expended by the School Committee for folding chair and cart replacements and additions for all schools.
  6. Shaker Lane School Phone System Replacement - $35,000 to be expended by the School Committee to replace the current 15-year-old telephone system at the Shaker Lane School.

V. CEMETERY

  1. Backhoe Angle Plow - $8,100 to be expended by the Cemetery Commission for the purchase of an angle plow for the backhoe for snow removal.
  2. Mower - $15,700 to be expended by the Cemetery Commission to replace a 20-year old mower for the Cemetery Department.
  3. Casket Lowering Device - $3,100 to be expended by the Cemetery Commission to replace a casket lowering device.

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. Twelve-Passenger Van - $25,000 to be expended by the Park and Recreation Commission to purchase a twelve-passenger van to replace the existing vehicle shared with Schools.
  2. Recreation Major Equipment and Repairs - $50,000 to be expended by the Park and Recreation Commission for major equipment/facility repair and maintenance.

VIII. FACILITIES AND INFRASTRUCTURE

  1. Facility Capital Improvements Recommendations – $299,000 to be expended by the Permanent Municipal Building Committee to implement recommendations of the Facility Needs Assessment Study.
  2. Financial Software - $350,000 to be expended by the Finance Director to convert all Finance Offices and end users to a fully integrated financial software solution as a replacement for the 10 year old existing software.
  3. Town Offices Meeting Room 103 Upgrades- $21,600 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 103. 
  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 second 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 cost of the Federally funded project, estimated at $3 million.
  6. Clean Lakes Projects - $25,000 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 Clean Lakes Committee to address signage needs, Long Lake level control and Long Lake wetlands park maintenance.
  7. Master Plan - $35,000 to be expended by the Planning Board for needs associated with implementation of the Town’s Master Plan.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to raise and appropriate $1,352,405, transfer $259,150 from the funds named herein and transfer from the Undesignated Fund Balance the sum of $373,212, for a total of $1,984,767, for capital projects and purchases itemized and described in Article 8 as printed in the warrant.

Finance Committee, Board of Selectmen and School Committee support Article 8. 

Article approved by majority vote

ARTICLE 9 - Community Preservation Committee - FY 2018 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 2018 Community Preservation Budget, to appropriate or reserve from FY 2018 Community Preservation Fund annual revenues and reserves the following amounts, as recommended by the Community Preservation Committee, with each item considered a separate appropriation; or to take any other action in relation thereto:

Community Preservation Committee - FY 2018 Community Preservation Budget

Motion: Moved and seconded by the Community Preservation Committee that the Town vote to approve the appropriations and reserves itemized and described in Article 9 as printed in the warrant.

Community Preservation Committee, Finance Committee, Board of Selectmen, and Park & Recreation Commission support Article 9.

[Call of the Articles: approved by unanimous vote]

ARTICLE 10 - 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 as follows:

1. By amending Schedule A, Permanent Full and Part-time Employees, effective July 1, 2017, by applying a two percent (2%) salary schedule adjustment so that said schedule reads as follows:

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

GRADE 1
No positions assigned
GRADE 2
Cemetery Laborer 
GRADE 3
Library Assistant
Library Processing Clerk
GRADE 4
Building Maintenance Custodian
Department Clerk
Financial Technician
GRADE 5
Assessing Clerk
Cemetery Groundskeeper
Library Technician
P/T Communications Officer
LCTV – P/T Program Coordinator
GRADE 6
Administrative Assistant – Building
Administrative Assistant – Conservation
Administrative Assistant– Human Resources
Administrative Assistant – Parks & Recreation
Administrative Clerk – Collector / Clerk
Program Specialist I
Senior Library Technician
Special Programs Instructor
GRADE 7
Assessing Clerk/Field Lister
Community Education Coordinator
Library Office Coordinator
Payroll and Finance Coordinator
Reserve Police Officer
Wellness Coordinator
GRADE 8
Assistant Town Clerk
Business Administrator-Public Works
Executive Assistant of Public Safety – Fire
Executive Assistant of Public Safety – Police
Program Specialist II
Recreation Coordinator
Special Events & Aquatics Coordinator
GRADE 9
Assistant Assessor
Assistant Director-PRCE
Assistant Town Accountant
Building Maintenance Supervisor
Cemetery Superintendent
Children’s Services/Senior Librarian
Conservation Coordinator
Elder and Human Services Outreach Coordinator and Respite Care
Executive Assistant to the Town Administrator
Head of Circulation & Interlibrary Loan/Senior Librarian
LCTV Production Supervisor
Senior Librarian
Technical Services/Senior Librarian
Young Adult Services/Reference Services/ Senior Librarian
Zoning Assistant / Permit Technician / Business Administrator
GRADE 10
Assistant Library Director 
Inspector of Wires
Plumbing & Gas Inspector
GRADE 11
Assistant Treasurer and HR Administration
Director of Elder and Human Services
Littleton Community Television Executive Director
Parks, Recreation & Community Education Director
Planning Administrator/Permit Coordinator
Police Lieutenant*
Tax Collector
Town Clerk**
Town Engineer
GRADE 12
Building Commissioner/Zoning Enforcement Officer
Chief Assessor/Appraiser
Highway Operations Manager and Superintendent
Information Systems Manager
Town Treasurer
Deputy Fire Chief*
Deputy Police Chief*
Library Director*
GRADE 13
Assistant Town Administrator
Director of Finance and Budget / Town Accountant*
Director of Public Works
Fire Chief*
GRADE 14
Chief of Police*
GRADE 15
Town Administrator*

Management contract (*) and elected (**) positions not subject to this By-law

2. By amending Schedules B, B-1, B-2, and D, effective July 1, 2017, by applying a two percent (2%) salary schedule adjustment so that said schedules read as follows:

Schedule B
On-Call Meeting Clerk, $12.36; Election Warden, $17.57

Schedule B-1, Other Employees
Schedule B-1, Other Employees

GRADE 1 GRADE 2
COA Dispatcher COA Van Driver

Schedule B-2, Temporary/Seasonal Employees
Schedule B-2, Temporary/Seasonal Employees

GRADE 1
No positions assigned
GRADE 2
Seasonal Highway Laborer
GRADE 3
No positions assigned
GRADE 4
Seasonal Truck Driver/Laborer

Schedule D, Fire Department On-Call
Schedule D, Fire Department On-Call

GRADE 1 
On-Call Probationary Firefighter or EMT
GRADE 2 
No positions assigned
GRADE 3 
On-Call Firefighter
On-Call EMT
GRADE 4 
On-Call Firefighter/EMT
GRADE 5 
No positions assigned
GRADE 6
No positions assigned
GRADE 7 
On-Call Firefighter/EMT (Firefighter I/II or advanced EMT certification)
GRADE 8 
On-Call Lieutenant
GRADE 9
On-Call Captain
GRADE 10
On-Call Deputy Chief

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

3. By amending Schedule C, as requested by the Park & Recreation Commission, to adjust the listing of Seasonal/Temporary/fee based positions, to read as follows effective January 1, 2017:

GRADE 1 
Program Aide I
Camp Junior Counselor
Snack Hut Attendee
GRADE 2 
Program Aide II
Lifeguard I
Junior Sailing Instructor
Maintenance Technician
GRADE 3 
Camp Senior Counselor
GRADE 4 
Intern
Junior Guard Coordinator
Snack Hut Manager 
GRADE 5 
Aftercare Coordinator
Camp Lead I
Lifeguard II/WSI 
Sailing Instructor 
GRADE 6
Camp Lead II
Program Coordinator
GRADE 7 
Camp Specialists
GRADE 8 
Head Lifeguard
Camp Assistant Director
Sailing Coordinator
GRADE 9
Seasonal Programs Instructor
GRADE 10
Special Course Coordinator
GRADE 11
Preschool Instructor
GRADE 12
Aquatics Director
Camp Director

or to take any other action in relation thereto. 

Motion: Moved and seconded by the Personnel Board that the Town vote to approve Article 10 as printed in the Town Meeting Report.

Personnel Board, Finance Committee, Board of Selectmen support Article 10. 

[Call of the Articles: approved by unanimous vote]

ARTICLE 11 - 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 $80,894 for Article 11 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 11. 

Article passes by majority vote.

ARTICLE 12 - 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 $386,739 for Article 12 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 12. 

Article passes by majority vote.

ARTICLE 13 - 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 two-and-one-half, 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 $166,574 for Article 13.

Finance Committee and Board of Selectmen support Article 13. 

Article passes by majority vote.

ARTICLE 14 - Board of Selectmen/ Trust Fund Commissioners - Trust Fund Grant

To see if the Town will vote to transfer $4,000 in Trust Funds for the following purpose and costs related thereto; or to take any other action in relation thereto: DEHS Animal Assistance Care Program - $4,000 to the Elder and Human Services Department for creation of an 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 14 as printed in the warrant.

Trust Fund Commissioners, Finance Committee, Board of Selectmen support Article 14. 

[Call of the Articles: approved by unanimous vote]

ARTICLE 15 - 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 15 as printed in the warrant. 
Finance Committee, Board of Selectmen, Council on Aging support Article 15.

[Call of the Articles: approved by unanimous vote]

ARTICLE 16 - 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 $397,288 for authorized road improvements and other projects provided for under Chapter 90 of the General Laws.

Finance Committee and Board of Selectmen support Article 16. 

[Call of the Articles: approved by unanimous vote]

[ARTICLES REQUIRING SUPERMAJORITY VOTE]

ARTICLE 17 - Planning Board - Zoning Amendment: Accessory Apartment [2/3rds vote required]

To see if the Town will vote to amend the Zoning By-law as follows: 

  1. By changing Accessory dwelling (see Article XIII) 173-26.B in the Use Regulations to “Accessory apartment (see Article XIII) and changing the use designation in the columns labeled R, VC, B, IA, and IB from “A” or “N” to “Y”, and by adding a new footnote 11 to the use “Accessory apartment (see Article XIII)” to read as follows: Accessory apartment is permitted only if it conforms to §173-58 or §173-59; otherwise, it shall require a special permit from the Zoning Board of Appeals. 
  2. By deleting Article XIII, Accessory Dwellings, in its entirety and inserting, in place thereof, a new Article XIII, Accessory Apartment, to read as follows:

Article XIII, Accessory Apartment

§173-58. Standards for Permitted Accessory Apartments.

An accessory dwelling that conforms to all of the following requirements shall be permitted as an accessory use in any district in a lawfully existing detached single-family dwelling.

  1. There shall not be more than one accessory apartment on a lot.
  2. The accessory apartment shall be located inside a detached single-family dwelling (an “interior unit”).
  3. The accessory apartment shall be designed to maintain the appearance of a single-family dwelling, subject to the following requirements.
    1. Construction of an accessory apartment shall not create more than a 15 percent increase in the gross floor area of the single-family dwelling;
    2. All stairways to an accessory apartment above the first floor shall be enclosed within the exterior walls of the single-family dwelling or on the rear of the dwelling if constructed on an outer wall.
    3. Where two or more entrances exist on the front façade the single-family dwelling, one entrance shall appear to be the principal entrance and other entrances shall appear to be secondary.
  4. The accessory apartment shall not exceed the greater of 40 percent of the gross floor area of the single-family dwelling or 1,200 square feet, and shall not have more than two bedrooms except by special permit from the Zoning Board of Appeals.
  5. The owner(s) of the single-family dwelling in which the accessory apartment is created must continue to occupy one of the units as their primary residence, except for bona fide temporary absences.
  6. There shall be one off-street parking space for the accessory apartment in addition to off-street parking spaces required for the principal dwelling. The parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway.
  7. Where the driveway is located within 15 feet of the side lot line, at least four feet of the driveway side yard, measured from the side lot line, shall be a buffer zone landscaped with non-invasive plantings.

§173-59. Provision for Accessory Apartments under Prior Special Permits.

An accessory apartment that exists under and conforms to the conditions of a special permit granted by the Zoning Board of Appeals prior to May 1, 2017 shall be deemed a permitted accessory use under this Article XIII. 

§173-60 Accessory Apartments by Special Permit.

The Zoning Board of Appeals may grant a special permit for an accessory apartment under the following circumstances, provided the Board finds that the proposed apartment will not have a detrimental impact on the neighborhood:

  1. An interior unit that exceeds the maximum floor area or limitation on number of bedrooms under §173-58(D) above.
  2. An accessory apartment in a detached accessory structure (an “exterior unit”) if the following criteria are met:
    1. The apartment complies with the requirements of ~173-58 (E) through (G).
    2. The Board determines that the exterior appearance of the accessory structure is compatible with the principal dwelling on the same lot and with dwellings and accessory structures on adjoining lots.
    3. By deleting from §173-2, Definitions, the term “Accessory Dwelling” and its definition and inserting, in appropriate alphabetical order, the following new definition:
      • ACCESSORY APARTMENT -- A second dwelling unit either in or added to an owner-occupied, detached single-family dwelling (“interior unit”), or in a separate accessory structure on the same lot as the principal dwelling (“exterior unit”), for use as a complete living unit, with provisions or cooking, eating, sanitation, and sleeping within the accessory apartment. Both the principal residence and the accessory apartment shall be in the same ownership or to 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 above. 

Planning Board and Board of Selectmen support Article 17. 

Article passes as declared 2/3rds vote.

ARTICLE 18 - Planning Board - Zoning Amendment: Temporary Moratorium on Marijuana Establishments [2/3rds vote required]

To see if the Town will vote to amend the Zoning By-law by adopting new Article XXVIII, Temporary Moratorium on Marijuana Establishments, to read as follows:

§173-193. Purpose. By vote at the State election on November 8, 2016, the voters of the Commonwealth approved a law regulating the cultivation, manufacture, processing, distribution, sale, possession, testing and use of marijuana. The law provides that it is effective on December 15, 2016, and that a new state agency, the Cannabis Control Commission (CCC), is required to issue regulations regarding implementation by September 15, 2017. The regulation of such Marijuana Establishments raises novel and complex legal, planning, and public safety issues. The Town needs time to consider and address these issues, as well as the potential impact of the forthcoming Cannabis Control Commission regulations, by means of a comprehensive planning process to consider amending the Zoning By-law to regulate Marijuana Establishments. The temporary moratorium provided in Section 173-195 is intended to allow sufficient time for the Town to engage in such a planning process and to adopt suitable Zoning By-law provisions in a manner consistent with sound land-use planning objectives.

§173-194. Definition. As used in Sections 173-193 through 173-195, the term “Marijuana Establishment” shall mean a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer, or any other type of marijuana-related business, subject to regulation under Chapter 94G of the Massachusetts General Laws; provided, however, that a Registered Marijuana Dispensary shall not be deemed to be a Marijuana Establishment.

§173-195. Temporary Moratorium. For the reasons set forth above and notwithstanding any other provision of the Zoning By-law to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures as a Marijuana Establishment. The moratorium shall be in effect through August 31, 2018, unless extended, continued, or modified as a subsequent Town Meeting. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of Marijuana Establishments and other related land uses and structures, consider the Cannabis Control Commission regulations regarding Marijuana Establishments when they are issued, and shall consider adopting new provisions of the Zoning By-law governing the location, operation and effects of Marijuana Establishments for consideration by the 2018 Annual Town Meeting.
or to 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 and Board of Selectmen support Article 18. 

Article passes as declared 2/3rds vote.

ARTICLE 19 - Board of Selectmen / School Committee - Town Offices / Middle School / Russell Street School Parcel U19-21-0 [2/3rds vote required]

To see if the Town will vote as follows:

  • Whereas the Town-owned parcel of land described as Assessor’s Lot U19-21-0 is comprised of eight separate parcels of land that were acquired by the Town for either school purposes or general municipal purposes; and
  • Whereas portions of the land held in the care, custody, management and control of the School Committee are actually used for general municipal purposes; and
  • Whereas portions of the land held in the care, custody, management and control of the Board of Selectmen are actually used for school purposes; and 
  • Whereas the Board of Selectmen and School Committee wish to confirm the boundaries of the land held by each board, as depicted on a plan entitled “Town Parcel U19-21-0 Delineation Littleton, MA”, dated March 27, 2017;
  • Therefore, the Town votes as follows:
    1. to transfer the care, custody, control and management of the land acquired by deeds from Roland G. Houghton, Langdon Prouty and James D. Christie as Trustees of the Alice M. Whitcomb Trust dated July 27, 1942 and September 9, 1955 and recorded in the Middlesex South District Registry of Deeds in Book 6617, Page 394 and Book 8560, Page 118, respectively and shown as “Lot “1-A” Athletic Field” containing 6± acres, on a plan entitled “Town Parcel U19-21-0 Delineation Littleton, MA”, dated March 27, 2017 and prepared by the Town of Littleton, from the Board of Selectmen for general municipal purposes to the School Committee for school purposes; and
    2. to transfer the care, custody, control and management of portions of the land acquired by (1) orders of taking recorded in the Middlesex South District Registry of Deeds in Book 4506, Page 249 and Book 7729, Page 552; (b) deeds from Augustus Hager dated February 21, 1868 and June 30, 1868 and (c) deed from Austin L. and Albert W. Hartwell filed with the Middlesex South Registry District of the Land Court as Document #251062, Certificate #14552, as shown as “Lot “2” Town Offices” containing Lot 7.80± acres, on a plan entitled “Town Parcel U19-21-0 Delineation Littleton, MA”, dated March 27, 2017 and prepared by the Town of Littleton, from the School Committee for school purposes to the Board of Selectmen for general municipal 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 19 as printed in the Town Meeting Report.

Board of Selectmen and School Committee support Article 19.

[Call of the Articles: approved by unanimous vote]

ARTICLE 20 - Board of Selectmen / Clean Lakes Committee - Acquire Land at Parcel U39-4-14 for Mill Pond Restoration Project [2/3rds vote required]

To see if the Town will vote (i) to authorize the Board of Selectmen to acquire by purchase, gift, or eminent domain the fee interest in a certain parcel of land on Harwood Avenue at Mill Pond, containing 9.00 acres, more or less, shown as Assessors’ Map U39, Parcel 4-14, together with and subject to all rights, restrictions and easements of record, on such terms and conditions as the Selectmen may determine; (ii) 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 of Littleton to effect said acquisition or purchase or gift; or (iii) 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 and Clean Lakes Committee support Article 20. 

Article passes as declared 2/3rds vote.

ARTICLE 21 - Board of Selectmen - Acquire Land at 31 Boxborough Road for Conservation Purposes [2/3rds vote required]

To see if the Town will vote:

  1. to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, for a purchase price of $1,273,758, for conservation and passive recreational purposes, the fee interest in a two parcels of land located at 31 Boxborough Road, specifically: Parcel A on a plan entitled: Plan of Land in Littleton, Mass., owned By Joyce W. Williams, February 2017” (the “Plan”) containing approximately 35.11 acres, more or less, and an easement over the 12 foot wide parcel identified as Parcel B as shown on the Plan for peaceable, non-motorized trail purposes for use by the general public, said land being a portion of the property described in a deed recorded in the Middlesex South Registry of Deeds in Book 14640, Page 109, and which Plan is on file in the Office of the Town Clerk, together with and subject to all rights, restrictions and easements of record, on such terms and conditions as the Selectmen may determine; provided that said land is to be conveyed to the Town of Littleton under the provisions of Chapter 40, Section 8C of the General Laws, as it may be hereafter amended, and other Massachusetts statutes relating to conservation and passive recreation, to be managed and controlled by the Littleton Conservation Commission; 
  2. to appropriate the funds necessary to pay the costs of acquiring the property described herein, including the payment of all costs incidental and related thereto, (a) by transferring from CPA Open Space Reserve the sum of $581,273; (b) by transferring from CPA Undesignated Reserve the sum of $392,485; (c) by appropriating and borrowing the sum of $300,000, and authorizing the Treasurer, with the approval of the Board of Selectmen, to issue any bonds or notes that may be necessary for that purpose, as authorized by M.G.L. Chapter 44B, or any other enabling authority; and 
  3. to authorize the Board of Selectmen and any other applicable boards or commissions of the Town to apply for any and all grants and reimbursements from the Commonwealth of Massachusetts, including, but not limited to, reimbursements under the Land and Water Conservation Fund grant (PL 88-578, 78 Stat 897), and accept such funds, and that the amount authorized to be borrowed for this purpose shall be reduced to the extent of any grants, reimbursements, or gifts received by the Town on account of this project; and to authorize the Board of Selectmen and the Conservation Commission to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of Littleton to effect said acquisition or purchase or grants; or
  4. 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. 
Community Preservation Committee, Board of Selectmen, Conservation Commission support Article 21. Finance Committee does not support Article 21 (2-3).

Article passes 123-9 (2/3rds vote required)

[OTHER ARTICLES, INCLUDING ROUTINE AUTHORIZATIONS & REAUTHORIZATIONS]

ARTICLE 22 - Board of Selectmen - Town By-law Amendment: Town Meeting Procedures

To see if the Town will vote to amend the Town Code as follows:

  1. by amending Chapter 18 of the Town Code, §18-6, Manner of authorizing indebtedness, to read as follows:
    • § 18-6. Manner of authorizing indebtedness: Whenever a two-thirds vote is required by law to authorize the Town to incur indebtedness, the manner of voting shall be determined by the Moderator, and shall be by ballot, and a checklist of the voters of the Town shall be used; provided, however, that, such the vote may be declared as such a two-thirds vote by the Moderator without a count and to shall be recorded as such by the Clerk upon such declaration provided, however, that if seven or more voters at a town meeting may challenge such declaration, at which time then a count shall be held by ballot, and a checklist of the voters of the Town shall be used and the vote to incur indebtedness may be conducted in such manner as the Moderator determines.
  2. by amending Chapter 41 of the Town Code, Town Meetings, by adding a new §41-4 to read as follows: 
    • §41-4 Town Meeting Procedure. Whenever a two-thirds vote is required by statute for adoption of any action by a town meeting, such vote may be declared as such by the moderator without a count and to be recorded as such by the Clerk upon such declaration provided, however, that seven or more voters at a town meeting may challenge such declaration, all as provided by Chapter 39, Section 15 of the Mass. General Laws at which time a count shall be held. 
  • or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to amend Chapter 18 of the Town Code, §18-6, Manner of Authorizing Indebtedness, to read as follows:

§ 18-6. Manner of authorizing indebtedness. Whenever a two-thirds vote is required by law to authorize the Town to incur indebtedness, the manner of voting shall be determined by the Moderator, and the vote may be declared as a two-thirds vote by the Moderator without a count and shall be recorded as such by the Clerk, however, if seven or more voters at a town meeting challenge such declaration, then a count shall be held by ballot, and a checklist of the voters of the Town shall be used.

And that the Town vote to approve the remainder of Article 22 as printed in the warrant.

Board of Selectmen supports Article 22.

Article passed by declared majority vote.

ARTICLE 23 - Board of Selectmen - Town By-law Amendment: Departmental Revolving Funds

To see if the Town will vote to amend the Town Code by adding a new Article V, Departmental Revolving Funds, to Chapter 18, Finances, as follows:

ARTICLE V, Departmental Revolving Funds.

§18-11. Purpose. This by-law establishes and authorizes revolving funds 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. These revolving funds are established under and governed by General Laws Chapter 44, § 53E½.

§18-12. Expenditure Limitations. A department or agency head, board, committee or officer may incur liabilities against and spend monies from a revolving fund established and authorized by this by-law without appropriation subject to the following limitations:

  1. Fringe benefits of full-time employees whose salaries or wages are paid from the fund shall also be paid from the fund.
  2. No liability shall be incurred in excess of the available balance of the fund.
  3. The total amount spent during a fiscal year shall not exceed the amount authorized by Annual Town Meeting on or before July 1 of that fiscal year, or any increased amount of that authorization that is later approved during that fiscal year by the Board of Selectmen and Finance Committee.

§18-13. Interest. Interest earned on monies credited to a revolving fund established by this by-law shall be credited to the general fund.

§18-14. Procedures and Reports. Except as provided in General Laws Chapter 44, § 53E½ and this by-law, the laws, charter provisions, by-laws, rules, regulations, policies or procedures that govern the receipt and custody of town monies and the expenditure and payment of town funds shall apply to the use of a revolving fund established and authorized by this by-law. The Town Accountant shall include a statement on the collections credited to the fund, the encumbrances and expenditures charged to each fund and the balance available for expenditure in the regular report the Town Accountant provides the department, board, committee, agency or officer on appropriations made for its use.

§18-15. Authorized Revolving Funds. The Table establishes:

  1. Each revolving fund authorized for use by a town department, board, committee, agency or officer,
  2. The department or agency head, board, committee or officer authorized to spend from each fund.
  3. The fees, charges and other monies charged and received by the department, board, committee, agency or officer in connection with the program or activity for which the fund is established that shall be credited to each fund by the Town Accountant,
  4. The expenses of the program or activity for which each fund may be used,
  5. Any restrictions or conditions on expenditures from each fund;
  6. Any reporting or other requirements that apply to each fund, and
  7. The fiscal years each fund shall operate under this by-law.

The fiscal years each fund shall operate under this by-law

; 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. 

Board of Selectmen supports Article 23.

[Call of the Articles: approved by unanimous vote]

ARTICLE 24 - Board of Selectmen - Home Rule Petition – Two Additional All Alcoholic Package Store Licenses

To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation as set below; provided, however, that the General Court may make clerical or editorial changes of form only to said bill, unless the Board of Selectmen approves amendments to the bill prior to enactment by the General Court, and provided further that the Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition, or take any other action in relation thereto.

AN ACT AUTHORIZING THE TOWN OF LITTLETON TO GRANT TWO ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES NOT TO BE DRUNK ON THE PREMISES.

SECTION 1.

  1. Notwithstanding the maximum number of licenses authorized to be granted under section 17 of chapter 138 of the General Laws, Chapter 335 of the Acts of 2016, and any other law to the contrary, the licensing authority of the Town of Littleton may grant up to two (2) additional licenses for the sale of all alcoholic beverages not to be drunk on the premises pursuant to section 15 of said chapter 138. The licenses shall be subject to all of said chapter 138, except said section 17.
  2. Once issued, the licensing authority shall not approve the transfer of a license granted pursuant to this act to a person, corporation, organization or entity for a period of 3 years after the date of issuance. Any such transfer shall be rendered null and void. 
  3. If a license granted pursuant to this act is revoked, cancelled or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant. 
  4. The issuance or transfer of the license shall comply with chapter 138 of the General Laws and any other General Law, Special Act, or Town By-law related to the payment of taxes and fees. 
  5. Notwithstanding the foregoing, this act shall not prohibit the licensing authority of the Town of Littleton from modifying, suspending, revoking or cancelling a license issued pursuant to this Act as authorized by chapter 138 of the General Laws, Chapter 335 of the Acts of 2016, and any other General Law, Special Act, or Town By-law.

SECTION 2. This act shall take effect upon its passage.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to approve Article 24 as printed in the warrant.

Article does not pass.

ARTICLE 25 - Voter Petition - Non-binding Resolution – Affirming Littleton’s Rights – Nagog Pond

To see if the Town will vote as follows: Resolved that Town Meeting direct the Board of Selectmen to petition the Legislature of the Commonwealth of Massachusetts to affirm Littleton’s right to draw water from Nagog Pond, as defined in Legislature’s Acts and Resolves 1884 Acts 201 Section 10, and to initiate the process required for Littleton to exercise that right; or take any other action relative thereto. 

Article withdrawn by petitioner.

ARTICLE 26 - Voter Petition - Non-binding Resolution – Water Resource Sharing – Nagog Pond

To see if the Town will vote as follows: Resolved that Town Meeting direct the Board of Selectmen to engage with the Towns of Acton and Concord and the Commonwealth of Massachusetts to reach an accord on equitable access to water from Nagog Pond; or take any other action relative thereto. 

Article withdrawn by petitioner.

ARTICLE 27 - 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, 2017, 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 27 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 27. 

[Call of the Articles: approved by unanimous vote]

ARTICLE 28 - Board of Selectmen - Supplement Prior Borrowing Votes to Permit the Application of Sale Premium to Pay Project Costs

To see if the Town will vote to supplement each prior vote of the Town that authorizes the borrowing of money to pay costs of capital projects to provide that, in accordance with Chapter 44, Section 20 of the General Laws, the premium received by the Town upon the sale of any bonds or notes thereunder, less any such premium applied to the payment of the costs of issuance of such bond or notes, may be applied to pay project costs and the amount authorized to be borrowed for each such project 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 Selectmen that the Town vote to approve Article 28 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 28. 

[Call of the Articles: approved by unanimous vote]

ARTICLE 29 - 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 2018, 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 29 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 29. 

[Call of the Articles: approved by unanimous vote]

ARTICLE 30 - Board of Selectmen - FY 2018 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 2018 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 fifty percent (50%) 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 30 as printed in the warrant.

Board of Selectmen and Finance Committee supports Article 30. Finance Committee recommendation forthcoming.

[Call of the Articles: approved by unanimous vote]