May 2, 2011 Annual Town Meeting

FY12 Annual Town Meeting

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Date/Time:

Monday, May 2, 2011 at 7:00 PM
Location:Charles Forbes Kaye Gymnasium, Littleton Middle School, 55 Russell Street, Littleton, MA 01460
Warrant:Annual Town Meeting warrant
Booklet:Town Meeting Booklet

Town Meeting Votes:

  1. Town Officers*
  2. Annual Report
  3. Borrowing Authorization*
  4. FY 2012 Operating Budget
  5. Electric Light Operating Budget* - request of Board of Electric Light Commissioners
  6. FY 2012 Water Enterprise Fund Operating Budget - request of Board of Water Commissioners
  7. FY 2012 Emergency Medical Services Enterprise Fund
  8. FY 2012 Capital Items from Available Funds
  9. FY 2012 Community Preservation Act appropriations - request of Community Preservation Committee
  10. Clean Lakes Committee Transfer of Land
  11. M.H. Kimball Trust School Grant Funds*
  12. Personnel By-law Amendments*
  13. FY 2012 Revolving Funds*
  14. Compensating Balance Agreement*
  15. Senior Work Program*
  16. Use of Chapter 90 MassHighway Funds*
  17. By-law Amendment: By-law Amendment: Department of Land Use, Planning, and Permitting
  18. Zoning Amendment: Farmland Protection - Request of the Planning Board
  19. Zoning Amendment: Open Space Development - Request of the Planning Board
  20. Zoning Amendment: Commercial Solar - Request of the Board of Electric Light Commissioners
  21. Zoning Amendment: Allowing Use of Solar Energy System Installations - Voter Petition
  22. Zoning Amendment: Amend Self-Storage Facility in Aquifer Protection and Water Resource District - Voter Petition
  23. Road Acceptance: Richard Way*
  24. Road Acceptance: Mary Shepherd Road*

* Consent Calendar articles


Town Meeting Votes

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 2011: Fence Viewers: William Farnsworth, Timothy Harrison Whitcomb, Joseph Knox; Field Drivers: 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, Brian Pollack, Michelle Roche, and Jesse Wetteland.

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 2010 Annual Town Report.

Board of Selectmen supports Article 2.

Declared passed by a majority vote. So voted.

ARTICLE 3 - 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, 2011, 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 authorize the Town Treasurer, with the approval of the Board of Selectmen to borrow money and issue notes for the purposes itemized and described 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 2012 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, 2011, 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 $33,021,021 and transfer from the funds specified herein the sum of $531,068 for a total of $33,552,089 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, 2011.

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

 

Department

FY2010 ActualFY2011 BudgetFY2012 Recommend
114

MODERATOR

   
 

Personal Services

$0$0$0
 

Expenses

0100100
 Total 114 0100100
122

SELECTMEN / TOWN ADMINISTRATOR

   
 

Personal Services

154,431158,868159,015
 

Expenses

11,09811,87011,870
 

MAGIC Assessment

1,6001,6001,628
 Total 122167,129172,338172,513
131

FINANCE COMMITTEE

   
 

Personal Services

---
 

Expenses

364500500
 Total 131364500500
132

RESERVE FUND

   
 

Expenses

92,265150,000150,000
 Total 13292,265150,000150,000
135

FINANCE AND BUDGET

   
 

Personal Services

483,611494,089507,577
 

Expenses

33,46035,01035,010
 

Audit

27,00027,00034,500
 Total 135544,071556,099577,087
151

LEGAL

   
 

Expenses

205,965100,000100,000
 Total 151205,965100,000100,000
155

INFORMATION SYSTEMS

   
 

Personal Services

55,18157,64160,727
 

Expenses

79,58665,45969,944
 Total 155134,767123,100130,671
161

TOWN CLERK

   
 

Elected Salaries

45,70747,28349,126
 

Personal Services

15,06816,16416,695
 

Expenses

1,2811,5001,500
 

Transfer In – Dog Tax Fund

0(2,200)(2,200)
 Total 16162,05662,74765,121
162

ELECTIONS & REGISTRATIONS

   
 

Personal Services

---
 

Expenses

8,8508,7008,700
 Total 1628,8508,7008,700
171

CONSERVATION COMMISSION

   
 

Personal Services

18,83019,72320,730
 

Expenses

9551,0001,000
 

Transfer In - Wetland Fund

(3,165)(5,050)(5,050)
 Total 17116,62015,67316,680
175

PLANNING BOARD

   
 

Personal Services

39,80246,13048,505
 

Expenses

1,0621,1751,175
 Total 17540,86447,30549,680
176

APPEALS BOARD

   
 

Personal Services

4,0024,8795,285
 

Expenses

1,1111,2001,200
 Total 1765,1136,0796,485
191

BUILDING MAINTENANCE

   
 

Personal Services

42,13442,98248,420
 

Expenses

317,330311,556311,556
 Total 191359,464354,538359,976
193

GENERAL INSURANCE

   
 

Expense

264,866300,000300,000
 

Total 193

264,866300,000300,000
194

EMPLOYEE/RETIREE BENEFITS

   
 

Expenses

3,581,3183,628,5885,048,243
 

Other Post Employment Benefits Liability Fund

0900,000500,000
 

Transfer In - EMS Enterprise

(63,718)(68,703)0
 

Transfer In - Recreation Revolving

(14,393)(14,416)(14,416)
 Total 1943,503,2074,445,4695,533,827
196

Town Report / Town Meeting

   
 

Expenses

5,0005,0005,000
 Total 1965,0005,0005,000
210

POLICE / DISPATCH

   
 

Personal Services

1,393,9391,442,9151,463,079
 

Expenses

99,868100,061100,571
 TOTAL 2101,493,8071,542,9761,563,650
220

FIRE/EMS DEPARTMENT

   
 

Personal Services

563,712639,125652,004
 

Expenses

104,841108,52395,523
 Total 220668,553747,648747,527
241

BUILDING DEPARTMENT

   
 

Personal Services

92,98093,73499,059
 

Expenses

2,7725,4305,430
 

Transfer In - Inspectional Revolving

(2,730)(3,000)(3,000)
 Total 24193,02296,164101,489
300

SCHOOL DEPARTMENT

   
 

Budget

14,428,67314,977,07614,977,076
 

Transfer In - LH Zappy Trust

(200)(700)(200)
 

Transfer In - Hildreth Trust

(1,500)(6,000)(6,000)
 

Transfer In - Goldsmith Trust

(100)(500)(500)
 

Transfer In - Johnson Trust

(200)(750)(750)
 Total 30014,426,67314,969,12614,969,626
301

NASHOBA TECH ASSESSMENT

   
 

Expenses

488,712597,906620,422
 Total 301488,712597,906620,422
420

HIGHWAY DEPARTMENT

   
 

Personal Services

668,206684,489689,660
 

Expenses

468,787461,701466,034
 

Streetlights

33,07733,07730,829
 

Park Maintenance

06,8006,800
 

Wastewater

67,00050,00050,000
 

B&M Crossing

2,8062,8062,806
 

Gasoline

88,860100,000100,000
 Total 4201,328,7361,338,2431,346,129
422

ROADWAY REPAIRS

   
 

Expenses

464,800469,448474,142
 Total 422464,800469,448474,142
423

SNOW & ICE

   
 

Personal Services

65,00668,00068,000
 

Expenses

204,49884,000132,000
 Total 423269,504152,000200,000
491

CEMETERY DEPARTMENT

   
 

Personal Services

75,43577,32577,778
 

Expenses

19,69017,80017,800
 

Transfer In: Sale of Cemetery Lots

(12,000)(12,000)(12,000)
 

Transfer In - Graves

(20,000)(18,897)(18,897)
 Total 49163,12564,22864,681
510

HEALTH DEPARTMENT

   
 

Personal Services

23,92526,27926,977
 

Expenses

2251,2351,235
 

Assessment - Nashoba BOH

21,02721,02721,650
 

Assessment - Nashoba Nursing

8,1828,1828,250
 

Assessment - Eliot Clinic

3,7803,7803,780
 

Animal Inspector

1,3001,3001,300
 

Transfer In - B.Sampson Animal Fund

(500)(2,500)(2,500)
 Total 51057,93959,30360,692
541

COUNCIL ON AGING

   
 

Personal Services

56,72856,52263,210
 

Expenses

12,00812,46213,416
 Total 54168,73668,98476,626
543

VETERANS SERVICES

   
 

Personal Services

5,0005,0005,000
 

Expenses

305750750
 

Veteran Benefits

18,26612,00012,000
 Total 54323,57117,75017,750
610

REUBEN HOAR LIBRARY

   
 

Personal Services

354,500354,427359,971
 

Expenses

62,69567,40065,900
 

Merrimack Valley Assessment

30,48931,71431,714
 

Transfer In - Library Trust Funds

(15,000)(17,500)(13,000)
 Total 610432,684436,041444,585
630

PARK AND RECREATION DEPARTMENT

   
 

Personal Services

139,980142,001151,638
 

Expenses

0--
 

Transfer In - Revolving Wages

(60,980)(60,550)(87,162)
 Total 63079,00081,45164,476
690

Other CULTURE & RECREATION

   
 

Historical

692700700
 

Memorial Day

500500500
 

Patriot's Day

505050
 Total 6901,2421,2501,250
710

LONG TERM DEBT

4,178,1044,611,1195,007,028
720

SHORT TERM DEBT

186,033265,680150,000
 

Transfer In - Cemetery Trust

(25,000)(13,000)(13,000)
 

Transfer In - Self Help Grant

(18,000)(18,000)(17,000)
 

Transfer In - Wastewater Settlement

(17,274)(17,274)(17,274)
 

Transfer In - Oak Hill Cell Tower

(40,000)(40,000)(40,000)
 

Transfer In - Newtown Hill Cell Tower

(57,204)(49,929)(47,754)
 

Transfer In - Clean Lakes

(30,310)(28,770)0
 

Transfer In - Bond premium

--(17,058)
 

Transfer In - Community Preservation

-(36,250)(29,998)
 

Transfer In - Light Dept

(196,014)(189,705)(183,309)
 

Total Debt Service

3,980,3354,483,8714,791,635
 

FUNDING SUMMARY

   
 

TOTAL Net Budgets

29,929,32832,079,73133,552,089
 

Total Transfers In

578,288605,694531,068
 TOTAL Appropriated Budgets29,351,04031,474,03733,021,021

Declared passed by a majority vote. So voted.

ARTICLE 5 - Board of Electric Light Commissioners - Electric Light Operating Budget 

To see if the Town will vote to raise and appropriate, and/or transfer from available funds, a sum or sums of money, for electricity to be used for street lighting, and that the sum and income from the sale of electricity to private consumer and/or the electricity supplied to municipal buildings and from sales of appliances and jobbings during the current fiscal year, be appropriated for the Municipal Light Plant, the whole to be expended by the Manager of the Municipal Light Plant under the direction and control of the Electric Light Board for expenses of the plant for the fiscal year, as defined in Chapter 164, Section 57, of the General Laws, including out-of-state travel, and if said sum and said income shall exceed as the Electric Light Board may determine, it shall be transferred to the Construction Fund or other so designated account of said plant and appropriated for such additions thereto as may be authorized by the Electric Light Board and the balance of said excess shall be returned to the Town Treasurer, or take any other action relative thereto.

Motion: Moved and seconded by the Board of Electric Light Commissioners that the Town vote that the income from the sale of electricity to private consumers and/or the electricity supplied to municipal buildings and from sales of appliances and jobbings during the current fiscal year, be appropriated for the Municipal Light Plant, the whole to be expended by the Manager of the Municipal Light Plant under the direction and control of the Electric Light Board for expenses of the plant for the fiscal year, as defined in Chapter 164, Section 57 of the General Laws, including out-of-state travel, and if said sum and said income shall exceed such expenses of the plant as the Electric Light Board may determine, it shall be transferred to the Construction Fund or other so designated account of said plant and may be expended without further appropriation for such additions to such plant as may be authorized by the Electric Light Board and any unexpended balance of said excess shall be returned to the Town Treasurer.

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

Declared passed by a majority vote. So voted.

ARTICLE 6 - Board of Water Commissioners - FY 2012 Water Enterprise Fund Operating Budget 

To see if the Town will vote to appropriate $2,015,500 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, 2011 (detail below), or to take any other action in relation thereto:

I.  Water Enterprise RevenuesFY 2012

User Charges

$2,002,000

Enterprise Available Funds

13,500

Investment Income

 

Total Revenues

$2,015,500

II. Costs Appropriated for the Enterprise Fund

 

Salaries and Wages

$640,000

Expenses

888,500

Capital Outlay – Equipment

0

Capital Outlay – Improvements

0

Reserve Fund

100,000

Debt Principal and Interest

387,000

Budgeted Surplus

0

Total Costs Appropriated for Enterprise Fund

$2,015,500

III. Costs Appropriated for General Fund to be Charged to the Enterprise Fund

 

Indirect Costs

$0

Benefits

0

Pension Costs

0

Total Costs Appropriated for the General Fund

$0
Total Costs$2,015,500

Motion: Moved and seconded by the Board of Water Commissioners that the Town vote to appropriate $2,015,500 from the Water Enterprise Fund to fund the operation of the Water Department for the fiscal year beginning July 1, 2011.

Finance Committee, Board of Water Commissioners, and Board of Selectmen support Article 6.

Declared passed by a majority vote. So voted.

ARTICLE 7 - Board of Selectmen - FY 2012 Emergency Medical Services Enterprise Fund 

To see if the Town will vote to appropriate $573,225, or any other sum or sums of money, from the Emergency Medical Services (EMS) Enterprise Fund to finance the operation of the EMS Department for the fiscal year beginning July 1, 2011 (detail below), or to take any other action in relation thereto. 

I.  EMS Enterprise RevenuesFY2012

User Charges

$320,000

Enterprise Available Funds

186,725

Transfer In

61,500

Investment Income

5,000

Total Revenues

$573,225

II. Costs Appropriated in the Enterprise Fund

 

Salaries and Wages

223,037

Expenses

73,575

Capital Outlay – Equipment

186,725

Capital Outlay – Improvements

 

Reserve Fund

15,000

Debt Principal and Interest

 

Budgeted Surplus

 

Total Costs Appropriated in E.F.

$498,337

III. Costs Appropriated in General Fund to be Charged to the Enterprise Fund

 

Indirect Costs

14,413

Benefits

24,665

Pension Costs

35,810

Total Costs Appropriated in G.F.

$74,888
Total Costs$573,225

Motion: Moved and seconded by the Board of Selectmen that the Town vote to appropriate $573,225 from the Emergency Medical Services (EMS) Enterprise Fund to fund the operation of the EMS Department for the fiscal year beginning July 1, 2011.

Board of Selectmen and Finance Committee propose no action on Article 7 if STM Article 3 passes.

No action taken.

ARTICLE 8 - Board of Selectmen/Finance Committee - FY 2012 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. 

  1. Police Cruiser leases - $47,000 to be expended by the Police Department for 1st year payment on 3 cruisers @ $14,000 each and 1st year payment on 1 unmarked @ $5,000; 
  2. Fire Command Vehicle lease -$6,000 to be expended by the Fire Department to lease a vehicle for Fire Department. Said payment will cover the 5th year’s payment (final) of a five-year lease; 
  3. Fire Major Equipment Repair -$15,000 to be expended by the Fire Department for the purpose of major equipment repairs and upkeep; 
  4. Highway Major Equipment Repair - $15,000 to be expended by the Highway Department for the purpose of major equipment repairs and upkeep; 
  5. Shaker Lane Univents - $30,000 to be expended by the School Committee for the purpose of replacing univent HVAC units at the Shaker Lane School; 
  6. School Technology - $25,000 to be expended by the School Committee for the purpose of purchasing new and replacement computer systems with printers and accessories for various school departments; 
  7. Town Hall Building Repair/Maintenance - $10,000 to be expended by the Board of Selectmen for the purpose of major systems repairs and upkeep of the Shattuck St building; 
  8. Highway – Two (2) 1992 Mack dump/sander/plow refurbishments - $100,000 ($50,000 each truck) to be expended by the Highway Department for the purpose of refurbishing the two vehicles, including frame work; 
  9. Highway Pickup truck - $44,000 to be expended by the Highway Department for the purpose of purchasing a new pick-up truck with plow as a replacement for an existing 2001 vehicle with mileage in excess of 100,000; 
  10. Municipal Facilities Study – $30,000 to be expended by the Board of Selectmen in order to complete a joint municipal-school facility assessment study; 
  11. Cemetery Land Development - $92,000 to be expended by the Cemetery Commissioners in order to fund the development and expansion of the existing Cemetery property; 
  12. Highway Pole Storage Barn - $40,000 to be expended by the Board of Selectmen/Highway Department to install a storage facility at the Highway Department for off-season equipment storage; 
  13. Library - Matching for Funds Planning Study – $20,000 to be expended by the Library Trustees for a planning and design study regarding library expansion or new construction; 
  14. Engine 1 replacement - $430,500 to be expended by the Fire Department for the replacement of a 1996 Spartan/3D Pumper.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to raise and appropriate $354,500 and transfer from the Undesignated Fund Balance the sum of $550,000 for a total of $904,500 for capital projects and purchases itemized and described in Article 8 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 8.

Declared passed by a majority vote. So voted.

ARTICLE 9 - Community Preservation Committee - FY 2012 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 2012 Community Preservation Budget, to appropriate or reserve from FY 2012 Community Preservation Fund annual revenues and reserves the following amounts, as recommended by the Community Preservation Committee, with each item considered a separate appropriation: 

Appropriations 

Administration

$5,000

Debt service – from FY 2012 open space

14,255

Debt service – from FY 2012 historic resources

15,393

Debt service – from historic resources reserve Debt service – from FY 2012 Undesignated

350 30,009

Mill Pond Public Access Site – from FY 2012 Undesignated

30,000

Baptist Church Clock Tower – from FY 2012 Undesignated

25,700

Sub-total

$120,707

Reserves

 

Open Space (to Reserve)

$1,138

Community Housing (to Reserve)

15,393

Budgeted Reserve (to Reserve)

17,043

Sub-total

33,574
TOTAL$154,281

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

Community Preservation Committee, Finance Committee, and Board of Selectmen support Article 9.

Declared passed by a unanimous vote. So voted.

ARTICLE 10 - Board of Selectmen - Clean Lakes Committee Transfer of Land 

To see if the Town will vote to transfer the care, custody, management and control of the real property located along Lake Warren Drive in the Town of Littleton shown on Assessor’s Map U39 as Lot 13, from the Board of Selectmen to the Clean Lakes Committee for the purpose of constructing and maintaining a public access boat launch for Mill Pond, or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to transfer the care, custody, management and control of the real property located along Lake Warren Drive in the Town of Littleton shown on Assessor’s Map U39 as Lot 13, from the Board of Selectmen to the Clean Lakes Committee for the purpose of constructing and maintaining a public access boat launch for Mill Pond.

Board of Selectmen, Clean Lakes Committee, and Conservation Commission support Article 10.

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

ARTICLE 11 - Board of Selectmen/School Committee/Trust Fund Commissioners - M.H. Kimball Trust School Grant Funds 

To see if the Town will vote to transfer $10,000 from a grant from the M.H. Kimball Trust to the Littleton School Department for the purpose of procuring computers to upgrade the multimedia lab 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 transfer $10,000 from a grant from the M.H. Kimball Trust to the Littleton School Department for the purpose of procuring computers to upgrade the multimedia lab at Littleton High Schooland costs related thereto.

Finance Committee, Board of Selectmen, School Committee, and Trust Fund Commissioners support Article 11.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 12 - 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. Amend §33-2 relative to Personnel Board membership by deleting the first sentence of the third paragraph of §33-2 and replacing it with the following: “The Town department head and employee at large shall be elected nominated by their peers and the Personnel Board shall appoint those nominated for a term of two years so arranged that the term of one shall expire each year.”
  2. Amend §33-7, Definitions, by amending (b) to read as follows: “Benefit Eligible Employee: Any employee who is employed at least 20 hours per week, 52 weeks per year, whose position is listed on Schedule A or Schedule B of the Classification and Compensation Plan.”
  3. Amend §33-13, Step Raises, to read as follows: “Step increases will be awarded on an annual basis on July 1st  at the employee’s anniversary providing the employee has completed at least one (1) year of satisfactory employment. When an employee reaches the top step of the grade they will no longer be eligible for a step increase.”
  4. Amend §33-22, Personal Days, to read as follows: “All benefit eligible employees shall receive three (3) paid personal days on July 1st to use during that fiscal year. A new employee hired after July 1st shall in that year receive paid personal days as follows: three personal days if hired prior to October 1st, two personal days if hired prior to January 1st, one personal day if hired prior to April 1st. Personal days They will be taken in half-day increments and cannot be carried over or paid out.”
  5. Amend Schedule A, Permanent Full and Part-time Employees, of the Classification and Compensation Plan to read as follows:
     
    GRADESTEP 1STEP 2STEP 3STEP 4STEP 5STEP 6STEP 7

    1

    hourly$8.94$9.25$9.57$9.90$10.25$10.61$10.98
     

    annual

    $18,666.72$19,314.00$19,982.16$20,671.20$21,402.00$22,153.68$22,926.24
    2

    hourly

    11.0911.4811.8812.3012.7313.1813.64
     

    annual

    23,155.9223,970.2424,805.4425,682.4026,580.2427,519.8428,480.32
    3

    hourly

    13.9714.4614.9715.4916.0316.5917.17
     

    annual

    29,169.3630,192.4831,257.3632,343.1233,470.6434,639.9235,850.96
    4

    hourly

    16.0716.6317.2117.8118.4319.0819.75
     

    annual

    33,554.1634,723.4435,934.4837,187.2838,481.8439,839.0441,238.00
    5

    hourly

    16.8717.4618.0718.7019.3520.0320.73
     

    annual

    35,224.5636,456.4837,730.1639,045.6040,402.8041,822.6443,284.24
    6

    hourly

    17.7118.3318.9719.6320.3221.0321.77
     

    annual

    36,978.4838,273.0439,609.3640,987.4442,428.1643,910.6445,455.76
    7

    hourly

    18.6019.2519.9220.6221.3422.0922.86
     

    annual

    38,836.8040,194.0041,592.9643,054.5644,557.9246,123.9247,731.68
    8

    hourly

    19.5320.2120.9221.6522.4123.1924.00
     

    annual

    40,778.6442,198.4843,680.9645,205.2046,792.0848,420.7250,112.00
    9

    hourly

    20.5121.2321.9722.7423.5424.3625.21
     

    annual

    42,824.8844,328.2445,873.3647,481.1249,151.5250,863.6852,638.48
    10

    hourly

    21.5422.2923.0723.8824.7225.5926.49
     

    annual

    44,975.5246,541.5248,170.1649,861.4451,615.3653,431.9255,311.12
    11

    hourly

    26.9327.8728.8529.8630.9131.9933.11
     

    annual

    56,229.8458,192.5660,238.8062,347.6864,540.0866,795.1269,133.68
    12

    hourly

    33.6634.8436.0637.3238.6339.9841.38
     

    annual

    70,282.0872,745.9275,293.2877,924.1680,659.4483,478.2486,401.44
    13

    hourly

    38.7140.0641.4642.9144.4145.9647.57
     annual80,826.4883,645.2886,568.4889,596.0892,728.0895,964.4899,326.16

    GRADE 1
    Library Assistant
    GRADE 2 
    No positions assigned 
    GRADE 3 
    Cemetery Laborer 
    Crossing Guard 
    Library Technician 
    GRADE 4 
    Building Custodian 
    Finance Technician 
    Department Clerk 
    GRADE 5 
    Administrative Clerk 
    Assessment Clerk 
    Cemetery Groundskeeper 
    PRCE Program Coordinator
    Senior Library Technician 
    GRADE 6 
    Administrative Assistant 
    Communications Officer (part-time) 
    Program Coordinator/Social Day Program 
    GRADE 7 
    Assessment Analyst 
    Assistant Accountant 
    Reserve Police Officer 
    Coordinator for Outreach and Respite Care 
    GRADE 8 
    Conservation Coordinator/Administrator 
    Maintenance Supervisor 
    PRCE Assistant Director 
    Senior Librarian 
    GRADE 9
    Cemetery Administrator 
    Council on Aging Director 
    Executive Assistant to the Town Administrator 
    Assistant Treasurer/Payroll & Benefits Coordinator 
    GRADE 10 
    Tax Collector 
    GRADE 11 
    Building Commissioner 
    Chief Assessor 
    Planning Administrator/Permit Coordinator 
    Town Treasurer 
    GRADE 12 
    Highway Operations Manager 
    Information Systems Manager 
    PRCE Director 
    GRADE 13 
    No positions assigned

  6. Amend Schedule B of the Classification and Compensation Plan by adding “Driver Education Coordinator: $25.00 per hour.” 
  7. Amend Schedule C of the Classification and Compensation Plan to read as follows: SCHEDULE C: Temporary/Seasonal Park & Recreation Department positions, 2011 Season
     
    GRADESTEP 1STEP 2STEP 3STEP 4STEP 5

    1 hourly

    $8.75$8.93$9.19$9.47$9.75

    2 hourly

    $9.50$9.69$9.98$10.28$10.59

    3 hourly

    $10.00$10.20$10.51$10.82$11.15

    4 hourly

    $10.25$10.46$10.77$11.09$11.42

    5 hourly

    $12.00$12.24$12.61$12.99$13.37

    6 hourly

    $13.50$13.77$14.18$14.61$15.05

    7 hourly

    $14.50$14.79$15.23

    $15.69

    $16.16

    8 hourly

    $15.25$15.56$16.02$16.50

    $17.00

    9 hourly

    $18.00$18.36$18.91$19.48$20.06

    10 hourly

    $22.00$22.44$23.11$23.81$24.52

    GRADE 1 
    Boat Rental Attendant 
    Junior Counselor -Tahattawan 
    Snack Hut Attendant 
    Special Activities 
    GRADE 2 
    Intern 
    Senior Counselor – Tahattawan 
    GRADE 3 
    Counselor - Prouty 
    Lead Counselor - Tahattawan 
    Lifeguard 
    Snack Hut Manager 
    GRADE 4 
    Sailing Instructor 
    Water Safety Instructor 
    GRADE 5 
    Camp Specialist-Art 
    Camp Specialist-Sports 
    Summer Program Coordinator 
    GRADE 6 
    Assistant Director/CIT Director - Tahattawan 
    Camp Specialist-Music 
    Head Guard 
    GRADE 7 
    Assistant Director - Prouty 
    Camp Specialist-Science and Nature 
    Sailing Coordinator 
    GRADE 8 
    Aquatics Director 
    Special Programs Instructor 
    GRADE 9 
    Driver’s Education Instructor 1 
    Golf Instructor 
    Special Programs Instructor 
    Tennis Instructor 
    GRADE 10 
    Camp Director - Prouty 
    Camp Director – Tahattawan 
    Driver’s Education Instructor 2 
    Preschool Teacher

  8. Amend Schedule D of the Classification and Compensation Plan to read as follows: SCHEDULE D: Fire Department On-Call, FY 2012, +1.0% 
     
    GRADESTEP 1STEP 2STEP 3STEP 4STEP 5STEP 6

    1 hourly

    $8.25     

    2 hourly

    $11.88$12.13$12.38$12.64$12.89$13.14

    3 hourly

    $12.12$12.37$12.63$12.88$13.13$13.38

    4 hourly

    $14.03$14.28$14.53$14.79$15.04$15.29

    5 hourly

    $14.81$15.06$15.31$15.56$15.82$16.07

    6 hourly

    $15.02$15.27$15.52$15.78$16.03$16.28
    GRADE 1 
    Probation Fire Fighter or 
    Emergency Medical Technician 
    GRADE 2 
    On Call Fire Fighter 
    On Call Emergency Medical Technician 
    GRADE 3 
    On Call Fire Fighter/EMT 
    GRADE 4 
    On Call Lieutenant 
    GRADE 5 
    On Call Captain 
    GRADE 6 
    On Call Deputy Chief 

Step increases on Schedule D will be awarded on the basis of performance as determined by the Fire Chief; 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 33 of the Town Code precisely as set forth in Article 12 as printed in the warrant.

Finance Committee, Personnel Board, Board of Selectmen, and Park & Recreation Commission support Article 12.

Declared passed by a majority vote. So voted.

ARTICLE 13 - Board of Selectmen - FY 2012 Revolving Funds 

To see if the Town will vote to authorize the following Fiscal Year 2012 Revolving Funds, in accordance with Chapter 44, section 53E½ of the General Laws, 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 $75,000 annually, to be expended to compensate the Wiring, Plumbing and Gas Inspectors, under the direction of the Building Commissioner, with the prior year’s fund balance to be available for expenditure; 
  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, with the prior year’s fund balance to be available for expenditure; 
  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, with the prior year’s fund balance to be available for expenditure; 
  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, with the prior year’s fund balance to be available for expenditure; 
  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, with the prior year’s fund balance to be available for expenditure; 
  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, with the prior year’s fund balance to be available for expenditure; 
  7. M.A.R.T: to allow receipts from reimbursement from M.A.R.T. 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 Council on Aging, with the prior year’s fund balance to be available for expenditure; 
  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, with the prior year’s fund balance to be available for expenditure; 
  9. Community Education: to allow receipts from community education fees to be segregated into a special account; and with funds therefrom, up to a limit of $80,000 annually, to be expended for wages and associated administrative costs, under the direction of the Park & Recreation Commission, with the prior year’s fund balance to be available for expenditure; 
  10. 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, with the prior year’s fund balance to be available for expenditure; and 
  11. 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, with the prior year’s fund balance to be available for expenditure. 
  12. 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, with the prior year’s fund balance to be available for expenditure. 
  13. 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, with the prior year’s fund balance to be available for expenditure. 
  14. 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, with the prior year’s fund balance to be available for expenditure.

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 2012 Revolving Funds precisely as set forth in Article 13 as printed in the warrant.

Finance Committee and Board of Selectmen support Article 13.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 14 - 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 2012, 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 authorize the Treasurer to enter into a Compensating Balance Agreement(s) for FY 2012, pursuant to Chapter 44, Section 53F of the General Laws.

Finance Committee and Board of Selectmen support Article 14.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 15 - Board of Selectmen - Senior Work Program 

To see if the Town will vote to request the Board of Assessors to commit $50,000, or any other sum or sums of money, from the FY 2012 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 request the Board of Assessors to commit $50,000 from the FY 2012 Overlay Account for Abatements to fund the Senior Citizen Tax Work-off Abatement Program.

Finance Committee, Board of Selectmen, and Council on Aging support Article 15.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 16 - Board of Selectmen - Use of Chapter 90 MassHighway 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 from the Massachusetts Highway Department in the amount of $368,267 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.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 17 - Board of Selectmen - By-law Amendment: Department of Land Use, Planning, and Permitting 

To see if the Town will vote, pursuant to Section 14 of Chapter 43C of the General Laws, to accept the provisions of Section 13 of Chapter 43C of the General Laws, thereby authorizing the Town to adopt a bylaw providing for a consolidated department of municipal inspections; and, further, to amend the Town Code as follows: 

  1. Add a new Chapter 26, “Land Use, Planning, and Permitting; Department of,” as follows: Chapter 26. Land Use, Planning, and Permitting; Department of 
    1. §26-1. There shall be a consolidated department of municipal inspections as provided for in section 13 of Chapter 43C of the General Laws, to be known as the Department of Land Use, Planning, and Permitting, to provide a coordinated, comprehensive, and continuing approach to the Town’s land use management, planning, permitting, and development functions; coordinated implementation of the Town’s adopted goals and plans; improved customer service to Town residents and the public; to strengthen the human resources function, and enhance employee development and training, including cross training among the administrative support staff. 
    2. §26-2. The Department of Land Use, Planning, and Permitting shall include the building commissioner; the electrical, plumbing, and gas inspectors; and the administrative, clerical, support and other assistants of the building commissioner, Planning Board, Board of Health, Conservation Commission, and Zoning Board of Appeals, but not including the health agent employed through the Town of Littleton’s participation in the Nashoba Associated Boards of Health pursuant to MGL C.111,§27A
    3. The Department shall also serve as policy advisor on the Town's long-term and strategic planning initiatives related to economic development, housing, transportation, and open space, historic, and natural resources. 
    4. §26-3. There shall be a Land Use, Planning and Permitting Coordinating Committee, a five-member public body comprised of one member of the Planning Board, one member of the Board of Health, one member of the Conservation Commission, one member of the Zoning Board of Appeals, and one member of the Board of Selectmen; each designated by said board or commission. 
    5. §26-4. There shall be a Director of Land Use, Planning, and Permitting who shall be appointed by, and may be removed by, the Town Administrator, provided that appointment of the Director shall be subject to approval by the Coordinating Committee established in §26-3. The term of office for the Director shall be three (3) years. The Town Administrator shall directly supervise and conduct performance reviews of the Director. 
    6. §26-5. The Director shall appoint all personnel under his/her direction and control, subject to the approval of the Town Administrator. Prior to the assignment by the Director of staff to the Planning Board, Board of Health, Conservation Commission, and Zoning Board of Appeals on a permanent, rather than temporary, basis, the Director shall consult with said board. All inspections staff shall be supervised by the Building Commissioner. All administrative support staff shall be considered personnel of the Department, rather than working for individual offices incorporated within the Department. The Director shall have discretion to allocate the services of administrative staff among the Department’s offices and the Town boards served by the Department, in consultation with said boards, with whom the Director shall meet from time to time to identify their needs, individually and collectively, and to develop a plan of action indicating the extent to which the department can address those needs. 
    7. In performing duties where approval of the Planning Board, Board of Health, Conservation Commission or Zoning Board of Appeals is statutorily required, the assigned employee shall be subject to day-to-day supervision of the Director within the scope of the general policy and direction established by the respective board. 
    8. §26-6. The Department of Land Use, Planning, and Permitting shall coordinate all land use, planning, permitting, development, and inspection functions carried out by any municipal officer or agent, maintain all records relating to inspections in a central place through a common index, provide for a single application process which would indicate all inspections which might be necessary, including, but need not be limited to, any inspections under the zoning and other local by-law, building code, wire code, plumbing and gas code, state sanitary code, board of health rules and regulations, fire code, conservation commission, and any other local inspections as may be otherwise authorized. 
    9. §26-7. For the purposes of the Town Budget, the Department of Land Use, Planning, and Permitting shall have its own account title and department number. The Department’s budget may contain line items that generally cover all of the Department’s administrative wages and salaries, administrative expenses and other costs, rather than including such expenses in separate line items for each individual office incorporated within the Department. The Director shall consult with the Land Use, Planning and Permitting Coordinating Committee in preparing the annual budget request for the Department. The respective boards shall continue to administer such non-operating budget funds authorized by state statute or other restricted designated funds as special revolving funds for hiring of outside consultants pursuant to MGL C.44 §53G, and the conservation fund under MGL C.40,§8C
  2. Amend Chapter 3, Section 3 to read as follows: The Town Administrator shall directly supervise and conduct performance reviews for the following current and future department heads unless otherwise specified by statute: Assistant Town Administrator for Finance and Budget; Head of the Highway Department; Director of Land Use, Planning, and Permitting;Facilities Manager; Head of Information Technology; Building Commissioner; and Human Resources. The department heads shall be appointed by, and can be removed by, the Town Administrator subject to the approval of the BOS; except that the Director of Land Use, Planning and Permitting shall be appointed in accordance with Town Code Section 26-4. Employees of the heads of said departments shall be appointed by the department head subject to approval of the Town Administrator.

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 17 as printed in the warrant.

Board of Selectmen, Planning Board, and Committee to Study the Organizational Structure of the Permitting Boards and Departments support Article 17.

In favor: 44; opposed: 53. Article did not pass.

ARTICLE 18 - Planning Board - Zoning Amendment: Farmland Protection 

To see if the Town will vote to amend the Zoning By-Law of the Town of Littleton as follows: 

  1. 1. Amend the Use Regulations Schedule set forth in §176-26.B by inserting, immediately below the row labeled “Roadside stands (agricultural)” a new row as follows:
    R     VC     B     IA     IB 
    Accessory Business Uses     P     P         P     P     P 
    at Active Farms (See § 173-57) 
  2. 2. Insert a new §173-57, as follows: §173-57. Accessory Business Uses at Active Farms 
    1. The Town of Littleton finds that in order to protect and preserve the agricultural, horticultural, viticultural or floricultural lands (hereafter “agricultural uses”), to protect and preserve natural resources, and to maintain land in active agricultural uses, it is necessary to enable the owners of said lands that are in active agricultural use to conduct, in addition to any primary or accessory use subject to the protection of M.G.L. c.40A, §3, par. 1, certain other appropriate accessory business uses to supplement the income from said agricultural uses. The Planning Board, by special permit, may grant approval for the following accessory business uses at active farms on contiguous farmland parcels in excess of 5 acres: 
      • Veterinarians’ office. 
      • Agricultural equipment and supply dealers. 
      • Custom farm providers. 
      • Feed milling and delivery. 
      • Facilities for hosting or staging of revenue-generating events, tours, weddings, and functions which are appropriate in scale to the premises and any surrounding residential area, including the preparation and serving of food and beverages for such events, provided that the facilities are primarily outside or under an open shelter and shall be operated seasonally. 
      • Small-scale abattoir/meat processing facilities. 
      • Facilities for the production and sale of farm-related products, such as but not limited to cider, baked goods, butter, wine, cheeses, or ice cream, whether or not the farm is the main source of the raw materials used in the farm products, provided that the facilities and associated parking shall not occupy more than 10% of the total farm area. 
      • Farm stand restaurants designed and used for the sale of farm crops and livestock grown on farms in the local agricultural area; provided that the facilities and parking for the farm stand restaurant, and the associated farm stand, shall not occupy more than 10% of the total farm area. 
      • Animal boarding facilities for the boarding of up to 50 animals other than those stabled, raised, or kept onsite in connection with the primary agricultural use. 
      • Farm implement and similar heavy machinery repair services, such as a welding operation, blacksmith shop, etc. that the farm operator would normally undertake in maintenance of machinery for his/her own farm. 
      • Subsurface disposal of septic effluent from nearby or adjacent residential or commercial facilities, or municipal waste water treatment facility, provided that the surface of any such area shall be placed under a conservation or agricultural preservation restriction. 
    2. The Planning Board may set conditions such as hours of operation, number of employees, or other conditions that they deem appropriate when granting a special permit pursuant to this section. In order to maintain agriculture as the primary use for the property, the uses provided for herein (excluding those uses for which a specific maximum is provided above), and any associated parking, shall occupy no more than 5% of the land area of the farm parcel(s). The Planning Board may require that the special permit, including all conditions, be recorded at the Registry of Deeds. The special permit shall recite the circumstances under which the special permit is being granted (e.g. the amount of land area in active agricultural use, the nature of the primary agricultural use, etc.) and shall include a condition requiring that the given circumstances continue to exist. 
    3. Decision Criteria: Special Permits for accessory business uses at active farms shall be granted only if the Planning Board determines that the criteria of Section 173-7C are met, after consideration of the following: 
      1. Roads, water and drainage facilities are existing, or as committed by the applicant to be improved, and their ability to serve this proposal adequately and safely without material deterioration in service to other locations. 
      2. Degree of assurance that no planned process or unplanned contingency will result in undue hazard or contamination of air, land, or water resources. 
      3. Visual compatibility with the vicinity, including consideration of site arrangement, consistency in architectural scale (or reasonability of departure), retention of existing site features, especially trees, and architectural character. 
      4. Degree of threat to environmental resources, including loss of valuable trees and other vegetation, disturbance to habitats, and soil loss through erosion. 
      5. Buffering and screening from any nearby uses of different character. 
      6. Retaining prime or important agricultural soils in active production. Specific uses that are prohibited on residentially zoned agricultural lands include: 
        • Gas stations or retail or wholesale fuel storage or delivery. 
        • Retail Stores such as drug, department, hardware, and clothing stores. 
        • Manufacture of non-agricultural products. 
    4. This section does not preclude a landowner from applying for other permits for Extensive Recreational uses of the agricultural lands that are not incompatible with the seasonal agricultural uses of the agricultural lands. 
    5. This section is not intended to, and does not, impact the ability of the landowner to undertake any use or construct any structure allowed by right under local zoning, M.G.L. c.40A, §3, first par. and/or state definitions related to agriculture. 

Or take any other action in relation thereto.

Motion: Moved and seconded by the Planning Board that the Town vote to amend the Zoning By-Law of the Town of Littleton precisely as set forth in Article 18 as printed in the warrant.

Planning Board supports Article 18.

Declared passed by a 2/3rds majority vote [65-18]. So voted.

ARTICLE 19 - Planning Board - Zoning Amendment: Open Space Development 

To see if the Town will vote to amend the Zoning By-Law of the Town of Littleton as follows: 

  1. Amend §173-104.A by inserting a reference to Subsection E, so that the first sentence begins “Except as modified by Subsections B, C and E below,” 
  2. Insert a new §173-104.E, as follows: E. The number of dwelling units that may be constructed in an Open Space Development may be increased by the Planning Board if it finds that the developer has incorporated into the Open Space Development significant areas of scenic woodland or agricultural lands along public road frontage that may otherwise have been developed into “Approval Not Required” (ANR) lots prior to the submittal of the Open Space Development, and if the Planning Board finds that the proposed Open Space Development protects this significant roadway frontage in the open space to be protected in perpetuity under the provisions of the Open Space Development bylaw. The number of dwelling units to be added to the calculation in Subsection A shall not exceed two times the number of ANR lots that could have been developed prior to the submittal of the Open Space Development, but that are instead included in the protected open space area. 

; or to take any other action in relation thereto.

Motion: Moved and seconded by the Planning Board that the Town vote to amend the Zoning By-Law of the Town of Littleton precisely as set forth in Article 19 as printed in the warrant.

Planning Board supports Article 19.

Declared passed by a 2/3rds majority vote [78-7]. So voted.

ARTICLE 20 - Board of Electric Light Commissioners - Zoning Amendment: Commercial Solar 

To see if the Town will vote to amend the Zoning By-Law of the Town of Littleton as follows: 

  1. Amend Article II, General Provisions, § 173-2, Definitions, by inserting a new definition of Commercial Solar Photovoltaic Installation in alphabetical order, as follows: COMMERCIAL SOLAR PHOTOVOLTAIC INSTALLATION: A solar photovoltaic system that is mounted on the ground, roof, or structure; and generates electric power onto the Littleton Electric Light Department’s (LELD) distribution system for sale to LELD or others. 
  2. Adopt a new Article XXVI, Commercial Solar Photovoltaic Installations, as follows: 

Article XXVI Commercial Solar Photovoltaic Installations

§ 173-180. Purpose 
The purpose of this section is to promote the creation of new commercial solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety and minimize impacts on residential neighborhoods and scenic, natural and historic resources. 

§ 173--181. Applicability 
Construction and use of a commercial solar photovoltaic installation or any part thereof shall be permitted in any zoning district subject to the requirements set forth in this section. 

§ 173--182. Use Regulations 
Commercial solar photovoltaic installations shall conform to the following provisions. 

  1. A commercial solar photovoltaic installation may be erected upon the issuance of a special permit by the Planning Board on a lot containing a minimum of three (3) acres. 
  2. All setback, yard, buffer and screening requirements applicable in the zoning district in which the installation is located shall apply. 
  3. All security fences surrounding the installations shall be set back from the property line a distance equal to the setback requirement applicable to buildings within the zoning district in which the installation is located. 
  4. The provisions of Article XX, Site Plan Review, shall not apply to commercial solar photovoltaic installations.
  5. The visual impact of the commercial solar photovoltaic installation, including all accessory structures and appurtenances, shall be mitigated. All accessory structures and appurtenances shall be architecturally compatible with each other. Whenever reasonable, structures shall be shaded from view by vegetation and/or joined and clustered to avoid adverse visual impacts. Methods such as the use of landscaping, natural features and fencing may be utilized. 
  6. Lighting shall not be permitted unless required by the Planning Board or required by the State Building Code. Where used, lighting shall be directed downward and full cut-off fixtures shall be used. 
  7. All utility connections from the commercial solar photovoltaic installation shall be underground unless specifically permitted otherwise by the Planning Board in the special permit. Electrical transformers and inverters to enable utility interconnections may be above ground if required by LELD. 
  8. A commercial solar photovoltaic installation must meet: (i) the requirements of Littleton Electric Light Department’s “Qualifying Facility Power Purchase Rate; and (ii) the requirements of Littleton Electric Light Department’s ”Standards for Interconnecting Distributed Generation” as published by the LELD. 
  9. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the commercial solar photovoltaic installation or otherwise prescribed by applicable laws, regulations and bylaws. 
  10. The commercial solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, continued compliance with landscaping and screening requirements, and integrity of security measures. The owner or operator shall be responsible for the maintenance of any access roads serving the installation. 

§ 173-183. Discontinuance 
A commercial solar photovoltaic installation shall be deemed to have been discontinued if it has not been in service for a continuous 24-month period. Upon receipt of a Notice of Discontinuance from the Building Commissioner, the owner shall have the right to respond to the Notice within 30 days of receipt. The Building Commissioner shall withdraw the Notice of Discontinuance and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates to the satisfaction of the Building Commissioner that the commercial solar photovoltaic installation has not been discontinued. If the commercial solar photovoltaic installation is determined to be discontinued, the owner shall remove the installation, including all structures, equipment, security barriers and transmission lines, and stabilize or re-vegetate the site as necessary to minimize erosion and sedimentation, at the owner’s sole expense within three months of receipt of the Notice of Discontinuance. Failure to remove the installation and stabilize the site within said time period may subject the owner to action pursuant to Article XXIV. 

§ 173-184. Administration 

  1. A special permit is required from the Planning Board to erect or install a commercial solar photovoltaic installation. A record owner desiring to erect a commercial solar photovoltaic installation shall file with the Planning Board an application for a special permit, together with such plans, drawings, specifications, fees and additional information as required by the Planning Board. 
  2. The Planning Board shall have the authority to waive specific provisions of this Article upon a determination that the waiver is not inconsistent with the purpose and intent of this section. 
  3. The Planning Board shall conduct its review, hold a public hearing and file its decision with the Town Clerk as required by MGL c.40A § 9. 
  4. Approval Criteria. Before the Planning Board may issue the special permit, it shall determine each of the following: 
    1. The commercial solar photovoltaic installation conforms to the provisions of this section. 
    2. The commercial solar photovoltaic installation will not be detrimental to the neighborhood or the Town. 
    3. Environmental features of the site and surrounding areas are protected, and the surrounding area will be protected from the proposed use by provision of adequate surface water drainage. 
    4. The proposed use is in harmony with the general purpose and intent of this Chapter. 
  5. Any special permit shall be subject to such conditions and safeguards as the Planning Board may prescribe. Such conditions may include the requirement of a performance bond, secured by deposit of money or negotiable securities, posted with the Town to guarantee proper maintenance and/or removal of the commercial solar photovoltaic installation. The amount of the performance bond shall not exceed the estimated cost of the commercial solar photovoltaic installation removal. Such conditions may also include additional screening of the facility. 
  6. In reviewing any application for a special permit, the Planning Board shall give due consideration to promoting the public health, safety, convenience and welfare; shall encourage the most appropriate use of land and shall permit no building or use that is injurious, noxious, offensive or detrimental to its neighborhood. 

Or take any action in relation thereto.

Motion: Moved and seconded by the Planning Board that the Town vote to amend the Zoning By-Law of the Town of Littleton as set forth in Article 20 as printed in the warrant with the following additional changes:

Delete Section 173-182. D. in its entirety and replace it with the following: “D. The provisions of Article XX, Site Plan Review, shall apply to commercial solar photovoltaic installations.”

Planning Board and Board of Electric Light Commissioners support Article 20 as moved.

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

ARTICLE 21 - Voter Petition - Zoning Amendment: Allowing Use of Solar Energy System Installations 

To see if the Town will vote to: adopt a zoning ordinance and/or by laws that will encourage the use of solar energy systems. The ordinance would allow the permitting authority to grant permits for the construction of Solar Energy Systems and issue solar access permits that would protect solar access to the Solar Energy Systems. Such an ordinance will provide that solar access permits create an easement to sunlight. Further, adopt zoning ordinances and/or by-laws pursuant to sections 5 of M.G.L. c. 40A to encourage the use of solar energy systems and protect solar access in accordance with M.G.L. c. 40A, Sections 9B and M.G.L. c. 187 1A. or to take any other action in relation thereto. 

PURPOSE 
To facilitate and encourage the use of Solar Energy Systems in the Town of Littleton and to do so in accordance with all the General Laws that the permitting authority may grant permits for the installation of Solar Energy Systems as set forth in M.G.L. Chapter40A: Section 1A "a device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating." Furthermore, in accordance with M.G.L. Chapter 187: Section 1A. Solar Easements for the protection of and access to direct sunlight may be required over the land of another by express grant of covenant, or by a solar access permit set forth in section nine B of chapter forty A. 

The "permit granting authority" as defined in Chapter 40A: Section 1A shall in compliance with the existing permitting process within the Town of Littleton shall grant Solar Access Permits for new or existing Solar Energy Systems in accordance with Chapter 187: Section 1A.

An issuance of any permit by the permitting granting authority shall allow for due process for all parties by being in compliance with existing Town ordinances, procedures, and existing permitting authorities for any proposed project including solar energy systems that require permits. 

As of Right Zoning Bylaw: Allowing Use of Solar Energy System Installations 

1.0 Purpose 
The purpose of this bylaw is to promote the creation of solar energy system installations by providing standards for the placement, design, installation and construction and to minimize impacts on scenic, natural and historic resources. 
The provisions set forth in this section shall apply to the installation, construction, operation, and/or repair of solar energy system installations. 

1.1 Applicability 
This section applies to solar energy system installations now existing or proposed to be constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment. Applies to solar energy systems for residential and commercial business with appropriate capacity of kW intended use. 

2.0 Definitions 

  • As-of-Right Siting: As-of-Right Siting shall mean that system installation or development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development may be subject to site plan review to determine conformance with local zoning ordinances or bylaws. Systems and or Projects cannot be prohibited, but can be reasonably regulated by the inspector of buildings, building commissioner or local inspector, or if there is none in a town, the board of selectmen, or person or board designated by local ordinance or bylaw. 
  • Building Inspector: The inspector of buildings, building commissioner, or local inspector, or person or board designated by local ordinance or bylaw charged with the enforcement of the zoning ordinance. 
  • Building Permit: A construction permit issued by an authorized building inspector; the building permit evidences that the project is consistent with the state and federal building codes as well as local zoning bylaws, including those governing residential solar systems and commercial business solar systems installations. 
  • Solar Energy System: A solar system that is structurally mounted on the ground, to a structure and has a minimum nameplate capacity for its intended use. 
  • Rated Nameplate Capacity: The maximum rated output of electric power production of the solar energy system in Direct Current (DC). 
  • Plan Review: review by the Plan Review Authority to determine conformance with local zoning ordinances or bylaws. 
  • Plan Review Authority: For purposes of this bylaw, Plan Review Authority refers to the body of local government designated as such by the municipality 
  • Solar Photovoltaic Array: an arrangement of solar photovoltaic panels. 
  • Zoning Enforcement Authority: The person or board charged with enforcing the zoning ordinances or bylaws. 

3.0 General Requirements for a Solar Energy System Installations 
The following requirements are common to all solar energy system installations. 

3.1 Compliance with Laws, Ordinances and Regulations 
The construction and maintenance of all solar energy system installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures housing a solar energy system installation shall be constructed in accordance with the State Building Code. 

3.2 Building Permit and Building Inspection 
No solar energy system installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit. 

3.3 Fees 
The application for a building permit for construction or installation of a solar energy system must be accompanied by the fee required for a building permit. 

3.4 Plan Review 
Plan Review Authority must be approved prior to construction, installation or modification as provided in this section. 

3.4.1 General 
All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in Massachusetts. 

3.4.2 Required Documents 
Pursuant to the site plan review process, the project proponent shall provide the following documents: (a) A site plan showing: 

  1. Property lines and physical features; 
  2. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures if applicable; 
  3. Blueprints or drawings of the solar energy system installation signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures 
  4. One or three line electrical diagram detailing the solar energy system installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices; 
  5. Documentation of the major system components to be used, including the PV panels, mounting system, and inverter; 
  6. Name, address, and contact information for proposed system installer; 
  7. Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any; 
  8. The name, contact information and signature of any agents representing the project proponent if applicable; and 
  9. The Site Plan Review Authority may waive documentary requirements as it deems appropriate. 

3.5 Utility Notification 
No large- scale solar energy system installation shall be constructed until evidence has been given to the Site Plan Review Authority that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or operator's intent to install an interconnected customer- owned generator. Off-grid systems shall be exempt from this requirement. 

3.6 Dimension and Density Requirements
3.6.1 Setbacks 

For solar energy system installations, front, side and rear setbacks shall be as follows: 

  1. Front yard: The front yard depth shall be at least 10 feet; provided, however, that where the lot abuts a Conservation-Recreation or Residential district, the front yard shall not be less than 50 feet. 
  2. Side yard. Each side yard shall have a depth at least 15 feet; provided, however, that where the lot abuts a Conservation-Recreation or Residential district, the side yard shall not be less than 50 feet. 
  3. Rear yard. The rear yard depth shall be at least 25 feet; provided, however, that where the lot abuts a Conservation-Recreation or Residential district, the rear yard shall not be less than 50 feet. 

3.6.2 Appurtenant Structures 
All appurtenant structures to solar energy system installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. 

3.6.3 Modifications 
All material modifications to a solar energy system installation made after issuance of the required building permit shall require approval by the Site Plan Review Authority. 

3.6.4 Solar Easement 
An easement of direct sunlight may be acquired over the land of another by express grant or covenant, or by a solar access permit issued by the Planning Board in accordance with M.G.L. Chapter 187, Section 1A. 

Any instrument creating a solar easement may include, but the contents are not limited to, all of the following:

  1. A description of the dimensions of the easement in measurable terms, such as vertical or horizontal angles measured in degrees, or the hours of the day on specific dates during which direct sunlight to a specific surface of a solar collector, device, or structural design feature may not be obstructed, or a combination of these descriptions. 
  2. The restrictions placed upon vegetation, structures, and other objects which would impair or obstruct the passage of sunlight through the easement. 
  3. The amount, if any, of permissible obstruction of the passage of sunlight through the easement, expressed in measurable terms, such as specific percentage of sunlight that may be obstructed. 
  4. The provisions for trimming vegetation that would impermissibly obstruct the passage of sunlight through the easement including any compensation for trimming expenses. 
  5. Any provisions for compensation of the owner of property benefiting from the easement in the event of impermissible obstruction of the easement. 
  6. The terms and conditions, if any, under which the easement may be revised or terminated. 

Any instrument creating a solar easement shall be recorded in the registry of deeds in the county or district, in the case of registered land, in the registry district of the land court in which the land affected is situated.

No Action Proposed: The lead petitioner has asked to withdraw this article. To carry out this intent, the Planning Board is not submitting its report with recommendations to Town Meeting, in order that no vote be taken, pursuant to MGL c.40A,§5.

No action taken.

ARTICLE 22 - Voter Petition - Zoning Amendment: Amend Self-Storage Facility in Aquifer Protection and Water Resource District 

To see if the Town will vote to amend Section 173-61 of the Zoning By-law by deleting the line: 

AQUIFER         WATER RESOURCE 
(A)                     (W.R.) 
“SELF-STORAGE FACILITY         N                         P” 
And substituting instead 
“SELF-STORAGE FACILITY         P                         P 
OPEN STORAGE AND BULK 
STORAGE                                 N                         N” 
; or to take any other action thereto.

Motion: Moved and seconded by the petitioner that the Town vote to amend the Zoning By-Law of the Town of Littleton as set forth in Article 22 as printed in the warrant with the following additional changes:

Delete the following:

“ OPEN STORAGE AND BULK

STORAGE                                  N                         N””

Planning Board recommends Article 22 as moved.

Declared passed by a 2/3rds majority vote [53-24]. So voted.

ARTICLE 23 - Board of Selectmen/Planning Board - Road Acceptance: Richard Way 

To see if the Town will vote to accept, as a Town way, the layout by the Board of Selectmen of the private way known as “Richard Way," and to authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain the land, rights, and easements therein for drainage, utility, or other purposes, all as shown on a plan entitled, “Plan and Profile As-Built, Richard Way Littleton, Massachusetts”, dated November 17, 2005 and prepared by Foresite Engineering Associates, Inc.” said street having been constructed to the satisfaction of the Planning Board and to name said street “Richard Way”; or to take any other action in relation thereto.

Motion: Moved and seconded by the Board of Selectmen that the Town vote to accept, as a Town Way, and acquire the land, rights and easements therein by gift, purchase or eminent domain, the layout by the Board of Selectmen of the private way known as “Richard Way”, and to name said street “Richard Way” all as described in Article 23 as printed in the warrant.

Board of Selectmen and Planning Board recommend Article 23.

[Consent Calendar Article: approved by unanimous vote]

ARTICLE 24 - Board of Selectmen/Planning Board - Road Acceptance: Mary Shepherd Road 

To see if the Town will vote to accept, as a Town way, the layout by the Board of Selectmen of the private way known as “Mary Shepherd Road”, and to authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain the land, rights, and easements therein for drainage, utility, or other purposes, all as shown on a plan entitled, “Mary Shepherd Estates Open Space Development Littleton, Massachusetts As-Built Plan and Profile for Mary Shepherd Road”, dated July 28, 2008 and prepared by Stamski and McNary, Inc., said street having been constructed to the satisfaction of the Planning Board and to name said street “Mary Shepherd Road”; or to take any other action in relation thereto. 

Motion: Moved and seconded by the Board of Selectmen that the Town vote to accept, as a Town Way, and acquire the land, rights and easements therein by gift, purchase or eminent domain, the layout by the Board of Selectmen of the private way known as “Mary Shepherd Road”, and to name said street “Mary Shepherd Road” all as described in Article 24 as printed in the warrant.

Board of Selectmen and Planning Board recommend Article 24.

[Consent Calendar Article: approved by unanimous vote]