VOTE TAKEN AT SPECIAL TOWN MEETING NOVEMBER 18, 2008

The meeting was called to order by Moderator John Bowen.  The Town Clerk read the Constable's return of the warrant.  Counters sworn in were Jiggs Ahlin and Dan Stango.

Informational updates were presented by Dana Altobelli on the Library renovations and  Lorraine Emerson, Chairman of the Town's 250th Anniversary Committee.   A moment of silence was held in memory of Town Planner Alicia Altieri.

 

An affirmative vote was taken at this time to accept the provisions of MGL Chapter 39, Section 15, which allows the Moderator to dispense with a count in matters requiring a two-thirds vote by statute, where the vote is unanimous or clearly overwhelming at this Special Town Meeting.

 

The following non-residents were given approval to address voters at this Town Meeting:  Josh Hall-DPW Director, Karen Murphy-Town Coordinator, Alan Seewald, Town Counsel,  Janet Morrison-Attorney for North County Land Trust, and Thomas Mallaney, attorney.

 

A motion was made and seconded to move Article 11out of order and take it up after Article 9.  Approved

 

Advisory Board Chairman Vance Butterfield presented a report on the State of Town.

 

ARTICLE 1.                 Voted to amend the amounts appropriated for various departmental budgets under Article 5 of the May 3, 2008 Annual Town Meeting for the fiscal year beginning July 1, 2008, as follows:

 

Account #

Department/Account Name

Increase/(Decrease)

01.210.1.5192

Police Department - Education Incentive

$5,000

01.945.2.5742

Data Processing Expenses

(-$5,000)

 

ARTICLE 2.                 Voted to amend Article 43 of the May 3, 2008 Annual Town Meeting for the fiscal year beginning July 1, 2008 by appropriating an additional $100,000 for Sewer Enterprise expenses and to meet that appropriation, transfer said amount from Sewer Enterprise Retained Earnings.

 

ARTICLE 3.                 Voted to appropriate $27,132 to supplement Highway Department Expenses (Motor Vehicle Parts & Accessories), said appropriation to expire on June 30, 2009, and to meet that appropriation, transfer said amount from free cash.

 

ARTICLE 4.                 Voted to appropriate $60,000 to perform appraisals for temporary and permanent easements and any other related property interests, in conjunction with the proposed reconstruction of the intersection of South Street, Main Street, and Leominster Street, and the reconstruction of South Street to Carter Road, and to meet that appropriation, transfer said amount from free cash.

 

ARTICLE 5.                 Voted to pass over this article. (Used 10-wheel truck with plow and sander for Highway Department)

 

ARTICLE 6.                 Voted to pass over this article.  (Road maintenance)

 

 

 

 

ARTICLE 7.                 Voted to appropriate $25,000 for the purchase and implementation of a Radio-Frequency Identification (RFID) system for the Transfer Station and to meet that appropriation, transfer said amount from Solid Waste Transfer Facility Retained Earnings.

 

ARTICLE 8.                 Voted to transfer the balance remaining in Article 29 of the May 2, 2006 Annual Town Meeting (Shady Avenue water storage tank mixing system) to supplement Article 28 of the May 2, 2006 Annual Town Meeting (Ellis Road water storage tank bubbler system).

 

 

ARTICLE 9.                 Voted to appropriate $8,500 to provide custodial coverage at the Westminster Elementary and Meetinghouse schools for the youth basketball and preseason baseball programs and to meet that appropriation, transfer said amount from free cash.

 

 

(Voted at beginning of this meeting to take Article 11 out of order)

ARTICLE 11.               Voted a) to authorize the acquisition of a Forest Legacy Conservation Restriction by gift, eminent domain, negotiated purchase or otherwise, on the land located on Bragg Hill and South Ashburnham Roads, and  identified as all of  the property shown on Westminster Assessors’ Map 18, Lots 9 and 10; Map 25, Lots 1, 2 and 8; Map 31, Lot 1; and Map 46, Lots 1, 2, 3,  and 6, and such portions of the property shown on Map 46, Lots 5, 9 & 22 as are acceptable to the Commonwealth of Massachusetts and the United States Forest Service for inclusion in such a Conservation Restriction, said Restriction to be conveyed to the Town under the provisions of Massachusetts General Laws, Chapter 40, Section 8C, and Chapters 183 and 184, and as such statutes may hereafter be amended, and other Massachusetts statutes relating to conservation, to be managed and controlled by the Conservation Commission of the Town of Westminster. Said Restriction will be conveyed to the Town subject to a Trail Easement along the Midstate Trail.

 

b) to authorize the Board of Selectmen to enter into any agreements and to accept the conveyance of the Conservation Restriction with the exclusion from the parcels set forth above of three (3) house lots of up to five (5) acres each and of three parcels for use as renewable energy areas of up to five (5) acres each, the location of each such exclusion lot or parcel to be determined by agreement between the landowner and the Board of Selectmen;

 

c) to appropriate and authorize the Town to borrow the sum of $805,000, pursuant to Chapter 44, Section 7(3) of the General Laws, as amended, or any other enabling authority, to pay the costs of acquiring such Conservation Restriction, including all costs incidental and related thereto; provided, however, that no sums shall be appropriated or borrowed hereunder unless and until the Town shall have been awarded a self-help grant from The Commonwealth of Massachusetts for reimbursement of 62% of the Town’s contribution to the purchase price of such Restriction, and, provided further that the amount authorized to be borrowed by this vote shall be reduced to the extent of any grants or gifts received by the Town on account of this project;

 

d) to authorize the Conservation Commission to file on behalf of the Town of Westminster any and all applications for grants and/or reimbursements from The Commonwealth of Massachusetts deemed necessary under the Self-Help Act (Chapter 132A, Section 11) and/or any other state and/or federal programs, including those in aid of conservation land acquisition, and to receive and accept such grants or reimbursements for this purpose, and be authorized to accept conservation restrictions, enter into all agreements and execute any and all instruments including a Self-Help Program Grant Agreement with The Commonwealth of Massachusetts, which may contain restrictions and covenants, as may be necessary on behalf of the Town to effect said acquisition.

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

 

ARTICLE 10.               Voted to appropriate $15,000 as partial reimbursement to the North County Land Trust for land protection costs associated with the Southern Monadnock Plateau Forest Legacy Project and to meet that appropriation, transfer said amount from free cash.

ARTICLE 12.               Did not pass (an act relative to new personnel positions in the Town of Westminster)

ARTICLE 13.               Voted to amend Article 8 of the May 3, 2008 Annual Town Meeting (abatement of hazardous materials and demolition of buildings at 69 West Main Street) to include in the purpose of the article the hiring of an engineer for the development of site plans for the construction of a senior center at 69 West Main Street.

 

ARTICLE 14.               Voted to authorize the establishment of an Agricultural Commission Programs Revolving Account as provided for under section 53E1/2 of Chapter 44 of the Massachusetts General Laws, into which account shall be deposited receipts received as payment for all programs and activities of the Agricultural Commission and from which account expenditures reasonably related to the programs and activities of the Agricultural Commission may be made; the total amount which may be expended in the current fiscal year for this purpose shall not exceed $10,000.

 

ARTICLE 15.               Voted to adopt the following "Right to Farm Bylaw": 

 

RIGHT TO FARM BYLAW

 

Section 1 Legislative Purpose and Intent

The purpose and intent of this By-law is to state with emphasis the Right to Farm accorded to all citizens of the Commonwealth under Article 97, of the Constitution, and all state statutes and regulations thereunder including but not limited to Massachusetts General Laws Chapter 40A, Section 3, Paragraph 1; Chapter 90, Section 9, Chapter 111, Section 125A and Chapter 128 Section 1A. We the citizens of Westminster restate and republish these rights pursuant to the Town’s authority conferred by Article 89 of the Articles of Amendment of the Massachusetts Constitution, (“Home Rule Amendment”).

This General By-law encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmlands within the Town of Westminster by allowing agricultural uses and related activities to function with minimal conflict with abutters and Town agencies. This By-law shall apply to all jurisdictional areas within the Town.

 

Section 2 Definitions

The word "farm" shall include any parcel or contiguous parcels of land, or water bodies used for the primary purpose of commercial agriculture, or accessory thereto.

The words "farming" or “agriculture" or their derivatives shall include, but not be limited to the following:

  • farming in all its branches and the cultivation and tillage of the soil;
  • dairying;
  • production, cultivation, growing, and harvesting of any agricultural, aquacultural, floricultural, viticultural, or horticultural commodities;
  • growing and harvesting of forest products upon forest land, and any other forestry or lumbering operations;
  • raising of livestock including horses;
  • keeping of horses as a commercial enterprise; and
  • keeping and raising of poultry, swine, cattle, ratites (such as emus, ostriches and rheas) and camelids (such as llamas and camels), and other domesticated animals for food and other agricultural purposes, including bees and fur-bearing animals.

 

“Farming” shall encompass activities including, but not limited to, the following:

  • operation and transportation of slow-moving farm equipment over roads within the Town;
  • control of pests, including, but not limited to, insects , weeds, predators and disease organism of plants and animals;
  • application of manure, fertilizers and pesticides;
  • conducting agriculture-related educational and farm-based recreational activities, including agri-tourism, provided that the activities are related to marketing the agricultural output or services of the farm;
  • processing and packaging of the agricultural output of the farm and the operation of a farmer's market or farm stand including signage thereto;
  • maintenance, repair, or storage of seasonal equipment, or apparatus owned or leased by the farm owner or manager used expressly for the purpose of propagation, processing, management, or sale of the agricultural products; and
  • on-farm relocation of earth and the clearing of ground for farming operations.

 

Section 3 Right To Farm Declaration

The Right to Farm is hereby recognized to exist within the Town of Westminster. The above-described agricultural activities may occur on holidays, weekdays, and weekends by night or day and shall include the attendant incidental noise, odors, dust, and fumes associated with normally accepted agricultural practices. It is hereby determined that whatever impact may be caused to others through the normal practice of agriculture is more than offset by the benefits of farming to the neighborhood, community, and society in general. The benefits and protections of this By-law are intended to apply exclusively to those commercial agricultural and farming operations and activities conducted in accordance with generally accepted agricultural practices. Moreover, nothing in this Right to Farm Bylaw shall be deemed as acquiring any interest in land, or as imposing any land use regulation, which is properly the subject of state statute, regulation, or local zoning law.

 

Section 4 Disclosure Notification

In order to promote harmony between farmers and their new neighbors, the Town of Westminster requests selling landholders and/or their agents (and assigns) to provide notice to prospective purchasers as follows:

 

“It is the policy of this community to conserve, protect and encourage the maintenance and improvement of agricultural land for the production of food, and other agricultural products, and also for its natural and ecological value. This disclosure notification is to inform buyers that the property they are about to acquire lies within a town where farming activities occur. Such farming activities (which may occur on holidays, weekdays, and weekends by night or day) may include, but are not limited to, activities that cause noise, dust and odors. Occupying land within Westminster means that one should expect and accept such conditions as a normal and necessary aspect of living in such an area.”

 

A notice of the municipal lien certificate, provided by the Town Treasurer, shall include the disclosure notification and shall be supplied to prospective buyers at closing and shall be signed by the landowner prior to the sale, purchase, exchange or occupancy of such real property. In addition to the above, a copy of this disclosure notification shall be provided by the Town to landowners from time to time by mail. A copy of the disclosure notification shall be posted in Town Hall and be available for distribution from the Planning Board or its designee and may be published on brochures or town websites.

 

Section 5 Resolution of Disputes

Any person who seeks to complain about the operation of a farm may, notwithstanding pursuing any other available remedy, file a grievance with the Select Board, the Zoning Enforcement Officer, or the Board of Health, depending upon the nature of the grievance. The filing of the grievance does not suspend the time within which to pursue any other available remedies that the aggrieved may have. The Zoning Enforcement Officer or Select Board shall forward a copy of the grievance to the Agricultural Commission or its agent which shall review and facilitate the resolution of the grievance, and report its recommendations to the referring Town authority within an agreed upon time frame.

The Board of Health, except in cases of imminent danger or public health risk, shall forward a copy of the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance, and report its recommendations to the Board of Health within an agreed upon time frame.

 

Section 6 Severability Clause

If any part of this Bylaw is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this Bylaw. The Town of Westminster hereby declares the provisions of this Bylaw to be severable.

 

Section 7 Precedence

In the event of conflict between this Bylaw and all other town regulations this Bylaw shall take precedence. In the event of conflict between the Bylaw and federal or state law, federal or state law shall take precedence respectively.

Majority Vote

 

(Motion to amend the main motion by deleting Section 7 did not pass)

 

ARTICLE 16.               Voted to release any rights it may have in a certain drainage easement shown on a plan drawn by Stanley G. Kendall, CE, dated January 26, 1957 and recorded in the Worcester Northern District Registry of Deeds in Plan Book 104 Plan 25, said easement is 15 feet wide and extends northwesterly 100’, more or less, from Hy Road to the shore of Wyman Pond, the centerline of the easement runs along the property line between Lots 20 and 21 as shown on said plan; and said lots are currently depicted on Westminster Assessors’ Map 164 as Lots 30 and 31.

 

ARTICLE 17.               Voted to designate the Board of Selectmen as the means by which the Town shall designate the Board or Officer to issue permits for the purpose of creating a trench as that term is defined by MGL Ch. 82A, s. 4 and 520 CMR 14.00.

 

Oral Report on Article 18 was presented by Marie Auger, Planning Board member.

ARTICLE 18.               Voted to amend the Westminster Zoning Bylaw and the Zoning Map by rezoning the property on 116 Main Street (Map 110-1) (Westminster Family Practice Building) from Residential-I (R-1) to Commercial-III (C-III).

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

 

Oral Report on Article 19 was presented by Marie Auger, Planning Board member.

ARTICLE 19.               Voted to amend the Town of Westminster Zoning Bylaw and the Zoning Map by rezoning the property on 128 Main Street (Map 110-13) (Westminster Pharmacy Building) from Residential-I (R-1) to Commercial-III (C-III).

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

 

Oral Report on Article 20 was presented by Marie Auger, Planning Board member.

ARTICLE 20.               Voted to amend the Town of Westminster Zoning Bylaw and the Zoning Map by rezoning the property on 1 Leominster Street (Map 110-98) (Westminster Cracker Building) from Residential-I (R-1) to Commercial-III (C-III).

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

 

ARTICLE 21.               Voted to transfer $40,000 from Free Cash to the Stabilization Fund

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

 

ARTICLE 22.               Voted to pass over this article (Transfer to Information Technology & Telecommunications Stabilization Fund)

 

ARTICLE 23.               Voted to transfer $30,000 from Free Cash to Capital Equipment and Improvements Stabilization Fund

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

 

ARTICLE 24.               Voted to transfer $30,000 from Free Cash to Building Maintenance and Repair Stabilization.

(2/3 vote required)

2/3 affirmative vote recognized (MGL Ch 39, Sect 15)

 

ARTICLE 25.               Voted to transfer $625,000 from Free Cash to balance the budget.

 

A total of 197 voters attended this meeting.

The meeting adjourned 10:32 pm

 

Respectfully submitted,

 

 

Denise L. MacAloney, CMMC/MMC

Town Clerk