FALL TOWN MEETING WARRANT NORFOLK, ss. To either Constable in the Town of Norfolk, in said County: GREETINGS: You are required in the name of the Commonwealth of Massachusetts to notify and warn the inhabitants of Norfolk, qualified to vote in Town affairs residing in Precincts 1, 2, 3 and 4, to meet on Tuesday, the 23rd day of October, 2007, at 7:30 p.m. at the King Philip Middle School, 18 King Street, Norfolk, MA 02056, for a Special Town Meeting, then and there to act on the following articles, viz: ARTICLE 1 Submitted by the Board of Selectmen To see if the Town will vote to raise and appropriate or transfer from any available source of funds, a sum of money to be added to departmental budgets and appropriations for the fiscal year ending on June 30, 2008; or take any other action relative thereto. 1 ADVISORY BOARD RECOMMENDATION The Advisory Board will make their recommendation at Town Meeting. If there are any transfers to be made, they will be submitted by the Town Administrator. ARTICLE 2 Submitted by the Board of Selectmen To see if the Town will vote to raise and appropriate or transfer from any available source of funds, a sum of money to pay unpaid bills of a prior year pursuant to Massachusetts General Laws Chapter 44, Section 64; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board will make their recommendation at Town Meeting when any prior year bill information will be available. ARTICLE 3 Submitted by the Board of Selectmen To see if the Town will vote to accept the provisions of G.L. c. 42 section 1B for the purpose of having the elected Town Clerk become an appointed Town Clerk of the Town; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. In having the Town Clerk position be appointed rather than elected, the Advisory Board feels that a broader pool of candidates would be available for this position. By having the Town Clerk report to the Town Administrator, the Town Clerk position will have more accountability on a day-in day-out basis. ARTICLE 4 Submitted by Personnel Board To see if the Town will vote to replace the existing Personnel Bylaw with a comprehensively revised Personnel Bylaw, a draft of which, dated September 12, 2007, is on file with the Town Clerk's office and the Norfolk Public Library; or take any other action related thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board will make its recommendation at Town Meeting and will make its recommendation based on the results of the subsequent Public Hearing on this matter. ARTICLE 5 Submitted by the Board of Selectmen To see if the Town will vote to accept the provisions of G.L. c. 48 section 42 for the purpose of establishing a fire department to be under the control of an officer to be known as the Chief of the Fire Department; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article will allow the Chief to direct the department without having the Board of Selectmen or Town Administrator's approval and brings the department in line with the General Laws of Massachusetts. ARTICLE 6 Submitted by the Board of Selectmen To see if the Town will delete Article III, Section 6: Permanent Building Committee in its entirety and replace it with the following: Section 6. Committees for Major Building Projects The Town Meeting shall appoint a committee to oversee the design, construction, and completion of major buildings in the Town. The term of the committee shall be the length of time of the project. The Committee should consist of (subject to State and/or Federal statute or regulation) the maximum number of members, not constituting a quorum, of the board or committee for whose benefit the project is being constructed, the Senior manager(s) working under the supervision of that board or committee, the Town Administrator, the Building Commissioner, and at least three members of the community appointed by the Board of Selectmen. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The adoption of this Article changes the current Permanent Building Committee to a committee assigned to a specific building project. ARTICLE 7 Submitted by the Board of Selectmen To see if the Town will vote to add a committee for the purpose of overseeing the design and construction of a Public Safety facility to be appointed by the Board of Selectmen; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. This Article creates the committee whose role will be to oversee the design and construction of a Public Safety facility. ARTICLE 8 Submitted by the Board of Selectmen To see if the Town will vote to raise and appropriate, transfer from available funds, borrow or bond the sum of $55,500.00 to conduct a feasibility study for the design and construction of a sewer treatment facility to service the B-1 Business District and municipal facilities including schools which are located in or abutting the District; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. It should be noted that its vote for approval was not unanimous. As mentioned in the Motion, the cost of this study will be $36,000 and not the $55,000 printed in the Warrant. This study will provide the Town with data as to the feasibility for a sewer treatment facility to service the B-1 District. The current Zoning Bylaws in the B-1 District inhibit new development as well as expansion of existing development due to lot coverage restrictions and the ability to provide septic. The opinions of those approving the project are that such a facility would encourage development and build-out as described in the Master Plan. Those opposing this Article feel that this could be combined with the Public Safety Building project when that is conducted. ARTICLE 9 Submitted by the Board of Selectmen To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase, eminent domain or otherwise, a parcel of land containing 1.13 acres +/- as shown on plan titled, Proposed Lot Line Adjustment 117 Main Street, prepared by Coler & Colantonio, Inc. of Norwell, Massachusetts; owned by the Federated Church of Norfolk, #1 Union Street Norfolk, Massachusetts for the rehabilitation and expansion of the Public Safety Building, and to raise and appropriate, borrow, bond or transfer from any available source of funds, a sum of money for said purpose; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board will make its recommendation prior to Town Meeting. At this time the discussion between the Federated Church and the Board of Selectmen is still in progress. ARTICLE 10 Submitted by the Board of Selectmen To see if the Town will vote to raise and appropriate, transfer from available funds, borrow or bond pursuant to any applicable statute, a sum of money for architectural and engineering design services associated with the proposed new/renovated Public Safety Building; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article subject to a debt exclusion vote by the Town. The cost of the architectural and engineering design fees will probably be in excess of $1.5 million and such an amount, as well as final approval of the project, will need to be funded through a debt exclusion. ARTICLE 11 Submitted by the Board of Selectmen To see if the Town will vote to accept the provisions of G.L. c. 32B section 18 for the purpose of requiring all retirees, their spouses and dependents who are enrolled in Medicare Part A at no cost to a retiree, their spouse or dependents, or eligible for coverage thereunder at no cost to a retiree, their spouse or dependents, be required to enroll in a medicare health benefit supplement plan offered by the Town; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of the Article will enable the Town to have better control of its health care costs and will not have any cost impact on any current retirees. ARTICLE 12 Submitted by the Board of Selectmen To see if the Town will vote to amend the Town of Norfolk Bylaws by inserting the following as Section 3 of Article VII: SECTION 1: Property Stabilization By-law A. Purpose: To protect against erosion and sedimentation; to limit adverse impacts to adjacent properties; to protect against attractive nuisances; and to preserve scenic and historic vistas by and to ensuring that any property or portion thereof that is cleared in preparation for construction or any other purposes is not left in an open and unstabilized state. B. Applicability: All properties that have been cleared of trees, shrubbery, grass, topsoil and/or any other natural features shall be considered an "Unstabilized Property" which shall require a special permit under this by-law if such property remains in an unstabilized state for more than 60 days. This By-law shall apply to all Unstabilized Properties even if such property is the subject of a permit for construction, earth removal, improvement or alteration of any type. This By-law shall also apply to all properties that are the subject of such permit under which activities have been commenced, if such activities are delayed, postponed, halted, ceased or otherwise inactive for any period of 60 days or more. Under this by-law, "Unstabilized Property" shall not include: (1) property on which any activities, in the aggregate, destabilize less than 5000 square feet; and (2) property on which clearing, plowing, tilling, harvesting or other destabilizing activities are associated with any legitimate agricultural activity. C. Special Permit required. All owners of Unstabilized Properties must apply to the Board of Selectmen for a Special Permit for the stabilization of such property or such other orders and conditions as the Selectmen may deem appropriate to satisfy the provisions of this By-law. Similarly, the Board of Selectmen may issue orders hereunder for any Unstabilzed Property that does not voluntarily seek a Special Permit hereunder. D. Basic Requirements. Any application, order or Special Permit hereunder shall make accommodations for the temporary or permanent landscaping of an Unstabilized Property that shall, in the discretion of the Selectmen be necessary for the stabilization of the subject property. At the very least, such landscaping improvements shall include the placement of fertile topsoil and the maintenance of grass thereon, provided however, that, for good cause shown, the Selectmen may allow an Unstabilized Property to remain in an unstabilized state for an additional 60 days. In reviewing the propriety of any landscaping improvements, it must be demonstrated that the proposed landscaping improvements comply with accepted standards for stormwater management, including state local and guidelines as well as recognized best management practices. In issuing a special permit hereunder, the Board of Selectmen may impose any such conditions as may be necessary to further the purposes of this by-law, including, but not limited to, conditions for the continued maintenance of landscaping improvements. The Selectmen may also waive strict compliance with the terms hereof where good cause is demonstrated by the applicant. E. A public hearing shall be held on each application for a Permit under this bylaw. The Board shall cause a notice of the public hearing to be published at the expense of the applicant in a daily or weekly newspaper in general circulation in the Town at least fourteen (14) days prior to the date of said hearing. The notice shall set forth the name of the applicant and the location of the premises. Every applicant or an agent in his behalf shall, within three (3) days after publication as herein provided, cause a copy of the published notice to be sent by certified mail, return receipt requested, to each of the persons appearing upon the Assessors' most recent valuation list as the owners of property abutting the premises for which a Permit is sought together with those persons appearing as owners across any public or private way from said premises. An affidavit of the applicant or of the person mailing such notice in his behalf together with a copy of the notice mailed and the post office receipts for the certified mailings herein required, shall be filed with the Board as the first order of business at the public hearing. Such affidavit shall be prima facie evidence that notice has been given in compliance herewith. F. The Board shall be and hereby is authorized to set a reasonable application fee for all original and renewal applications for a Special Use Permit. G. The Board of Selectmen shall be and is hereby authorized to determine the costs of any engineering fees incurred in the measurement of earth removed or to be removed under such Permit. The engineering fees charged for each Permit issued or renewed will be paid by the applicant. H. The applicant shall provide plans of the proposed landscaping improvements along with the necessary documentation to demonstrate that such improvements satisfy the provisions of this By-law. I. Validity: The invalidity of any section or provision of this bylaw shall not invalidate any section or provision thereof. J. Penalty. Any person, firm, or corporation willfully violating, disobeying, or refusing to comply with any of the provisions of this bylaw shall be prosecuted under the terms of the Massachusetts General Laws, Chapter 40, Section 21, Clause 17, and shall be subject to a fine of not more than fifty (50) dollars for the first offense, not more than one hundred (100) dollars for the second offense, and not more than two hundred (200) dollars for any subsequent offense. Each day of non-compliance shall constitute a separate offense. The Board of Selectmen may also enforce the provisions of this By-law in equity in a Court of competent jurisdiction. The Board of Selectmen may also revoke any Special Permit issued hereunder for violations of any terms thereunder. K. This By-law shall be immediately effective and shall apply to all properties in Norfolk, including all those properties that have been altered, cleared or de-stabilized prior to the date that this by-law became effective. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. This Article will allow the Town to stabilize any property that is cleared in preparation for construction for any significant length of time. ARTICLE 13 Submitted by the Board of Selectmen To see if the Town will vote to amend the Town of Norfolk Bylaws by deleting Section 4 of ARTICLE I, Fall Town Meeting; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval vote for this Article was not unanimous. The approval of this Article changes the Fall Town Meeting date of a fixed date "from the 4th Tuesday in October" to a date to be set by the Selectmen. The majority opinion was that certain Fall Town Meetings may require more preparation time than others. Currently a large portion of the work in the development of the Articles is in the summer months. Those in opposition felt that the current process of having a fixed date was better suited to the Town. ARTICLE 14 Submitted by the Board of Selectmen To see if the Town will vote to raise and appropriate, transfer from available funds, borrow or bond pursuant to any applicable statute, a sum of money to raze the buildings and secure the site of land commonly known as the Buckley and Mann property identified as Map 6, Block 2, Lot 3 on the Town of Norfolk Assessors Map, said costs to be assessed 100% to the owner of the property; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article will allow the Town to secure this land from being a public safety hazard and all costs will be assessed to the owners of the property. ARTICLE 15 Submitted by the Board of Selectmen To see if the Town will vote to authorize the Board of Selectmen to advertise in a local newspaper and sell at public sale, as it may deem in the best interests of the Town, "Old Town Hall" otherwise known as the property located at 100 Main Street or a portion of said property, such sales to be made on behalf of the inhabitants of the Town of Norfolk, and to authorize the Selectmen to expend from the proceeds of such sale the costs incidental to such sale, including, without limitation, recording fees, documentary stamps and auctioneer's fees, if required; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. This Article will allow the Selectmen to advertise and sell at a public sale the Old Town Hall and gives the Board of Selectmen additional flexibility in dealing with this property. ARTICLE 16 Submitted by the Community Preservation Committee To see if the Town will vote to appropriate an amount not to exceed five hundred and fifty thousand dollars ($ 550,000.00) from the Community Preservation Fund Open Space and Undesignated accounts to purchase approximately 44 acres of land around and including Highland Lake and any costs and fees incidental thereto. Said property is shown on Assessors Map 22, section 73 as lots 18, 34, 35 and 51 as further described on a "Plan of Land in Norfolk, Mass" prepared by Landmark Engineering of New England, Inc. and dated March 16, 1988 and is to be acquired for Community Preservation purposes as defined in G.L. c. 44B, § 1 as conservation and passive recreational uses; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The purchase of this property through the Community Preservation Act funds allows the Town to acquire scenic property for Open Space and passive recreation.   ARTICLE 17 Submitted by the Norfolk Public School Committee To see if the Town will vote to fix or revise the salary and compensation of the Norfolk Public School Committee members as provided for by Massachusetts General Laws, Chapter 41, Section 108; and to authorize the committee to employ its members for additional salary or compensation, and to fix the salary or compensation thereof; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends Indefinite Postponement of this Article. The Advisory Board feels that this Article would be better served in being addressed at the Annual Town Meeting as part of a review of the compensation and stipends for all boards. ARTICLE 18 Submitted by the Board of Selectmen To see if the Town will vote to transfer the sum of $20,129.00 from the Department of Public Works Water Division Retained Earnings to fund the reimbursement for water service overpayment; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. Approval of this Article will allow the Water Division to transfer the monies needed for the reimbursement of water service overpayment. ARTICLE 19 Submitted by the Board of Selectmen To see if the Town will vote to transfer the sum of $6,341.00 from the Department of Public Works Water Division Retained Earnings to fund testing for the Leak Detection; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval will provide the Water Division the funds necessary for the testing for leaks. ARTICLE 20 Submitted by the Board of Selectmen To see what sum of money the Town will raise and appropriate, transfer from available funds or borrow for the Department of Public Works Water Division, to extend the water main 2,200 l.f. +/- on Park Street and 1,300 l.f. +/- on Bush Pond Road; and to apply for and accept any State and Federal Grants and reimbursements that become available in accordance therewith. Betterments will be assessed in conjunction with the Betterment Act of 1991, 30% residential contribution and 70% Department of Public Works Water Division contribution; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article will allow the Water Division to extend Town Water on the aforementioned streets with the costs assessed in the ratio described in the Article. This extension also provides improved fire protection service to these areas. ARTICLE 21 Submitted by the Board of Selectmen To see if the Town will vote to authorize the Board of Selectmen to enter into an Intermunicipal Agreement with the Town of Wrentham pursuant to Massachusetts General Laws, Chapter 40, Section 4A, and said Agreement to include provisions for the purpose of billing, collecting and maintaining the water systems for municipal water services located on Forest Grove Avenue, Spruce Road and Park Street in the Town of Norfolk; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. This Article authorizes the Board of Selectmen to enter into an Intermunicipal Agreement with the Town of Wrentham regarding municipal water issues. ARTICLE 22 Submitted by the Board of Selectmen To see if the Town will vote to authorize the Board of Selectmen to enter into an Intermunicipal Agreement with the Town of Walpole pursuant to Massachusetts General Laws, Chapter 40, Section 4A, and said Agreement to include provisions for the purpose of billing, collecting and maintaining the water systems for municipal water services located on Highland Lake Drive, Campbell Street and Daisy Drive in the Town of Norfolk; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. This Article authorizes the Board of Selectmen to enter into an Intermunicipal Agreement with the Town of Walpole regarding municipal water issues. ARTICLE 23 Submitted by the Board of Selectmen To see if the Town will vote to authorize the Board of Selectmen to enter into an Intermunicipal Agreement with the Town of Foxboro pursuant to Massachusetts General Laws, Chapter 40, Section 4A, and said Agreement to include provisions for the purpose of billing, collecting and maintaining the water systems for municipal water services located on Pine Street in the Town of Norfolk; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. This Article authorizes the Board of Selectmen to enter into an Intermunicipal Agreement with the Town of Foxboro regarding municipal water issues. ARTICLE 24 Submitted by Board of Selectmen To see if the Town will vote to appoint any committee, or hear or act on the report of any committee or town officer, or instruct any committee or town officer; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION This Article is under the direction of the Town Moderator. ARTICLE 25 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to move "Small wastewater treatment facilities as regulated by the Town Board of Health" in the Norfolk Zoning Bylaw Section I.7.b Special Permit Uses by the Zoning Board of Appeals to Section I.7.a Allowed Uses; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. This modification of the existing bylaw moves the regulation from Special Permit Uses under the Board of Health to Allowed Uses under the Zoning Board of Appeals in Section I.7.a. ARTICLE 26 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to move "Small wastewater treatment facilities as regulated by the Town Board of Health" in the Norfolk Zoning Bylaw Section K.7.b Special Permit Uses by the Zoning Board of Appeals to Section K.7.a Allowed Uses; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. This modification of the existing bylaw moves the regulation from Special Permit Uses under the Board of Health to Allowed Uses under the Zoning Board of Appeals in Section K.7.a. ARTICLE 27 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to move "Small wastewater treatment facilities as regulated by the Town Board of Health" in the Norfolk Zoning Bylaw Section L.7.b Special Permit Uses by the Zoning Board of Appeals to Section L.7.a Allowed Uses; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. This modification of the existing bylaw moves the regulation from Special Permit Uses under the Board of Health to Allowed Uses under the Zoning Board of Appeals in Section L.7.a. ARTICLE 28 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to add "Small wastewater treatment facilities as regulated by the Town Board of Health" in the Norfolk Zoning Bylaw Section J.7.a.1.A Allowed Uses; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. This Article adds the statement to the existing Zoning Bylaws. ARTICLE 29 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to remove the word "rock" in the Norfolk Zoning Bylaw Section F.9.a.17; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The modification of this Article deletes the word "rock" from the bylaw. ARTICLE 30 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to amend Section F.9.b. Schedule of Sign Regulations of the Town of Norfolk Zoning Bylaw by amending F.9.b.1.c.6. by adding the word "two" in place of "one" and by changing "SIGN" to "SIGNS per STREET, road or Private Way" and by changing "8" to "16" and adding at the end "and must be engraved in natural stone" so that Section F.9.b.1.c.6 shall read as follows and be allowed as follows: Proposed |F.9.b. Schedule of Sign Regulations | | | | | |DISTRICTS | | |R |B1-B|C1-C| | | |4 |6 | | | | | | |F.9.b.1.c.6. A residential subdivision or |Yes |Yes |Yes | |development shall be permitted two freestanding | | | | |SIGNS per STREET, road or Private Way bearing the | | | | |name of the subdivision or development and not | | | | |exceeding 16 sq. ft. per side and must be engraved | | | | |in natural stone. | | | | Existing: |F.9.b. Schedule of Sign Regulations | | | | | |DISTRICTS | | |R |B1-B|C1-C| | | |4 |6 | | | | | | |F.9.b.1.c.6. A residential subdivision shall be |SP |No |No | |permitted one freestanding SIGN bearing the name of | | | | |the subdivision and not exceeding 8 sq. ft. per | | | | |side. | | | | 2 ADVISORY BOARD RECOMMENDATION The Advisory Board recommends Indefinite Postponement of this Article. The vote on this Article was split evenly. Those in favor of the Article felt that the approval of this Article would help streamline signage regulations for subdivisions. Those opposed to the approval of this Article were concerned as to the number of signs as well as "the establishment of neighborhoods" in Norfolk. ARTICLE 31 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to amend Section I.6.a of the Zoning Bylaws, Town Center District (B-1), Shared Parking, to delete the phrase "the same side of any" before the term "street" and insert "within the" after the words parking spaces and insert "of the entrance of the principal BUILDING, STRUCTURE, or use of the premises" after the words "450 feet"; or take any other action relative thereto. Current I.6.a. Shared Parking. Where the APPLICANT demonstrates to the Planning Board through the Site Plan Approval process that parking spaces on the same side of any STREET within the B-1 District can be utilized by more than one use located within 450 feet, such that vehicles occupying a particular number of spaces are unlikely to require the use of those spaces at the same time of day or the same day of the week, the immediate construction of up to 30% of a parking area may be postponed, provided. Proposed I.6.a. Shared Parking. Where the APPLICANT demonstrates to the Planning Board through the Site Plan Approval process that parking spaces within the STREET within the B-1 District can be utilized by more than one use located within 450 feet of the entrance of the principal BUILDING, STRUCTURE, or use of the premises such that vehicles occupying a particular number of spaces are unlikely to require the use of those spaces at the same time of day or the same day of the week, the immediate construction of up to 30% of a parking area may be postponed, provided. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article modifies the Zoning Bylaws and drops the phrase "the same side of any" from the bylaws. ARTICLE 32 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to amend Section B of the Zoning Bylaws, Definitions, to insert in the definition of the term "Lot": "Except as otherwise provided herein, " at the beginning of the definition, before "a parcel."; or take any other action relative thereto. Current A parcel of land occupied or intended to be occupied by one BUILDING or use, with its accessories, and including the open spaces accessory to it, which is defined in deed or plan recorded with the Norfolk County Registry of Deeds or Norfolk Registry District. No land which is within the boundaries of a STREET, accepted, proposed or dedicated shall be included in determining LOT areas. Proposed Except as otherwise provided herein, a parcel of land occupied or intended to be occupied by one BUILDING or use, with its accessories, and including the open spaces accessory to it, which is defined in deed or plan recorded with the Norfolk County Registry of Deeds or Norfolk Registry District. No land which is within the boundaries of a STREET, accepted, proposed or dedicated shall be included in determining LOT areas. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article provides flexibility in the Zoning Bylaws. ARTICLE 33 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to amend section J.4.b.1.B.3 by changing "1,000 square feet" to "5,000 square feet"; or take any other action relative thereto. Proposed: 3) All other outdoor facilities for the storage of fuel, refuse, materials and/or equipment shall be screened from view with a solid fence STRUCTURE and located to the side and/or rear of the BUILDING to which it is accessory. The fence shall be of reasonable height, a minimum of six (6) feet, and the enclosure shall not exceed 5,000 square feet in area except by Special Permit from the Norfolk Planning Board. Existing: 3) All other outdoor facilities for the storage of fuel, refuse, materials and/or equipment shall be screened from view with a solid fence STRUCTURE and located to the side and/or rear of the BUILDING to which it is accessory. The fence shall be of reasonable height, a minimum of six (6) feet, and the enclosure shall not exceed 1,000 square feet in area except by Special Permit from the Norfolk Planning Board. 3 ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article allows a larger enclosure in the Zoning Bylaws. ARTICLE 34 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to amend section I.4.b.2.B by amending "(B) Minimum front YARD setback: none" to read as follows: (B) Minimum front YARD setback: BUILD-TO LINE; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article modifies the existing Zoning Bylaw to include the BUILD-TO LINE. ARTICLE 35 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to amend section I.4.b.2.D by amending "(D) Maximum LOT COVERAGE: 80 percent* or 60 percent;" to read as follows: (D) Maximum LOT COVERAGE: 80 percent; or take any other action relative thereto. Existing I.4.b.2. Within the Business Core: (A) BUILD-TO LINE: At the APPLICANT'S discretion, shall be either eleven (11) or nineteen (19) feet from, and parallel with, the Frontage line(s) of the LOT; (A.)1. Notwithstanding the provisions of I.b.b.2.(A) above, the BUILD-TO LINE of a TOWN HALL shall be at least nineteen (19) feet and not more than one hundred twenty-five (125) feet from the FRONTAGE line of the LOT. (A.)2. Notwithstanding the provisions of I.4.b.2.(A) above, the BUILD-TO LINE of a MUNICIPAL BUILDING which is used as a Library, shall be at least ten (10) feet and not more than thirty-five (35) feet from the FRONTAGE line of the LOT. (B) Minimum front YARD setback: none; (C) Minimum LOT size: 4,000 square feet* or 30,000 square feet; (D) Maximum LOT COVERAGE: 80 percent* or 60 percent; *For PLANNED MULTI-LOT DEVELOPMENT 4 ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article modifies the maximum LOT COVERAGE bylaw. ARTICLE 36 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to amend section I.4.b.3.D by amending "(D) Maximum LOT COVERAGE: 60 percent* or 40 percent;" to read as follows: (D) Maximum LOT COVERAGE: 60 percent; or take any other action relative thereto. Existing I.4.b.3. Outside the Business Core: (A) BUILD-TO LINE: none; (B) Minimum front YARD setback: 25 feet for principal BUILDINGS; (C) Minimum LOT size: 8,000 square feet* or 30,000 square feet; (D) Maximum LOT COVERAGE: 60 percent* or 40 percent; *For PLANNED MULTI-LOT DEVELOPMENT ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article modifies the maximum LOT COVERAGE bylaw. ARTICLE 37 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to add the following:" Mixed use comprised of any of the Allowed uses" to section J.7.a.1.A Allowed Uses; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval adds the Mixed use segment into the bylaw in Section J.7.a.1.A. ARTICLE 38 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to add the following" Mixed use comprised of any of the Allowed uses" to section K.7.a. Allowed Uses; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval adds the Mixed use segment into the bylaw in Section K.7.a. ARTICLE 39 Submitted by Zoning Bylaw Study Committee To see if the Town will vote to add the following" Mixed use comprised of any of the Allowed uses" to section L.7.a. Allowed Uses; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval adds the Mixed use segment into the bylaw in Section L.7.a. ARTICLE 40 Submitted by the Planning Board To see if the Town will vote to endorse the Master Plan for the Town of Norfolk for the Town as most recently adopted by the Planning Board; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board will make its recommendation at Town Meting after the proposed Master Plan Public Hearing is held. ARTICLE 41 Submitted by the Board of Selectmen To see if the Town will vote to accept as a General By-Law of the Town of Norfolk, the By-law Governing Post-construction Stormwater Management of New Developments and Redevelopments, as outlined in the following Section 1 through Section 14. Bylaw Governing Post-Construction Stormwater Management Of New Developments and Redevelopments BY-LAW GOVERNING POST-CONSTRUCTION STORMWATER MANAGEMENT OF NEW DEVELOPMENTS & REDEVELOPMENTS SECTION 1. PURPOSE Regulation of discharges to the municipal separate storm sewer system (MS4) is necessary for the protection of the Town of Norfolk's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. Increased and contaminated stormwater runoff associated with developed land uses and the accompanying increase in impervious surface are major causes of impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater; 1. impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater, 2. contamination of drinking water supplies, 3. erosion of stream channels; 4. alteration or destruction of aquatic and wildlife habitat; and 5. flooding. Therefore, this bylaw establishes stormwater management standards for the final conditions that result from development and redevelopment projects to minimize adverse impacts offsite and downstream which would be born by abutters, townspeople and the general public. The objectives of this by-law are: 1. To require practices to control the flow of stormwater from new and redeveloped sites into the Town of Norfolk storm drainage system in order to prevent flooding and erosion; 2. To protect groundwater and surface water from degradation; 3. To promote groundwater recharge; 4. To prevent pollutants from entering the town's municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4; 5. To ensure adequate long-term operation and maintenance of structural stormwater best management practices so that they work as designed; 6. To comply with state and federal statutes and regulations relating to stormwater discharges; and 7. To establish the Town of Norfolk's legal authority to ensure compliance with the provisions of this by-law through inspection, monitoring, and enforcement. SECTION 2. DEFINITIONS ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that changes the water quality, force, direction, timing or location of runoff flowing from the area. Such changes include: change from distributed runoff to confined, discrete discharge, change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area. BEST MANAGEMENT PRACTICE (BMP): An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff. THE BOARD - Town of Norfolk Planning Board. CLEARING: Any activity that removes the vegetative surface cover. DEVELOPMENT: The modification of land to accommodate a new use or expansion of use, usually involving construction. DISTURBANCE OF LAND: Any action that causes a change in the position, location, or arrangement of soil, sand rock, gravel of similar earth material. GRADING: Changing the level or shape of the ground surface. GRUBBING: The act of clearing land surface by digging up roots and stumps. IMPERVIOUS SURFACE: Any material or structure on or above the ground that prevents water infiltrating the underlying soil. Impervious surface includes without limitation roads, paved parking lots, sidewalks, and roof tops. MASSACHUSETTS STORMWATER MANAGEMENT POLICY: The Policy issued by the Department of Environmental Protection, and as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act G.L. c. 131 § 40 and Massachusetts Clean Waters Act G.L. c. 21, §. 23-56. The Policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity and quality of runoff from a site. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM: The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Norfolk. NORMAL MAINTENANCE: Includes activities generally recognized as tasks relating to the use of fertilizers, compost materials and other soil amendments; mowing and brush cutting; maintenance and repair of existing fences; and the cleaning, clearing, repairing or restoring of existing man- made or natural water management systems, such as ditches, channels, or other waterways. In all cases, normal maintenance does not include placing fill, or dredging water bodies. OPERATION AND MAINTENANCE PLAN: A plan establishing the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed. OUTFALL: The point at which stormwater flows out from a point source discernible, confined and discrete conveyance into waters of the Commonwealth. OUTSTANDING RESOURCE WATERS (ORWs): Waters designated by Massachusetts Department of Environmental Protection as ORWs. These waters have exceptional sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent requirements under both the Massachusetts Water Quality Standards (314 CMR 4.00) and the Massachusetts Stormwater Management Standards. ORWs include vernal pools certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all Class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated. OWNER: A person with a legal or equitable interest in property. PERSON: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. POINT SOURCE: Any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which pollutants are or may be discharged. REDEVELOPMENT: Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface. STORMWATER MANAGEMENT PLAN: A plan required as part of the application for a Stormwater Management Permit. See Section 7. STORMWATER: Storm water runoff, snow melt runoff, and surface water runoff and drainage. TSS: Total Suspended Solids. SECTION 3. AUTHORITY This bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34. SECTION 4. APPLICABILITY A. No person may undertake a construction activity, including clearing, grading and excavation that results in a land disturbance that will disturb equal to or greater than one acre of land, or will disturb less than one acre but is part of a larger plan of development that will ultimately disturb equal to or greater than one acre of land, without a permit from the Planning Board. Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity or the original purpose of the site. B. Exemptions Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04; Maintenance of existing landscaping, gardens or lawn areas associated with a single family dwelling; The construction of fencing that will not substantially alter existing terrain or drainage patterns; Construction of utilities other than drainage (gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns; As authorized in the Phase II Small MS4 General Permit for Massachusetts, storm water discharges resulting from the activities identified in Section 4 that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Policy as reflected in an Order of Conditions issued by the Conservation Commission is exempt from compliance with this bylaw. SECTION 5. ADMINISTRATON A. The Planning Board shall administer, implement and enforce this bylaw. Any powers granted to or duties imposed upon the Board may be delegated in writing by the Board to its employees or agents. Specifically, the Board relies upon the Department of Public Works (DPW) for the review of technical and engineering documentation required under this by-law. All projects meeting the requirements will be processed and administered through the Planning Board. B. Rules and Regulations. The Planning Board may adopt, and periodically amend, rules and regulations relating to the procedures and administration of this Stormwater Management By-law, by majority vote of the Board, after conducting a public hearing to receive comments on any proposed revisions. Such hearing dates shall be advertised in a newspaper of general local circulation, at least seven (7) days prior to the hearing date. SECTION 6. PERMITS and PROCEDURE A. Filing Application. The site owner or his agent shall file with the Planning Board hereinafter the Board, twelve (12) copies of a completed application package for a Stormwater Management Permit (SMP). Permit issuance is required prior to any site altering activity. While the applicant can be a representative, the permittee must be the owner of the site. The SMP Application package shall include: Completed Application Form with original signatures of all owners; List of abutters, certified by the Assessors Office; One (1) copy of the Stormwater Management Plan and project description as specified in Section 7.A.; One (1) copy of the Operation and Maintenance Plan as required by Section 8 of this bylaw; Payment of the application and review fees. Applicant shall file one (1) original Application Form, the Stormwater Management Plan, the Operation & Maintenance Plan, and the list of abutters with the Town Clerk. B. Entry. Filing an application for a permit grants the Board, or its agent, permission to enter the site to verify the information in the application and to inspect for compliance with the resulting permit. C. Other Boards. The Board shall give one copy of the application package to each of the other relevant boards, including Conservation Commission, Department of Public Works, Board of Health, and Building Department. D. Fee Structure. The Board shall obtain with each submission an Application Fee established by the Board to cover expenses connected with the public hearing and application review of the Stormwater Management Permit and a technical Review Fee sufficient to cover professional review. The Board is authorized to retain a Registered Professional Engineer or other professional consultant to advise the Board on any or all aspects of these plans. Applicants must pay review fees before the review process may begin. E. Public Hearing. The Board shall hold a public hearing within forty-five (45) days of the receipt of a complete application and shall take final action within twenty-one (21) days from the close of the hearing unless such time is extended by agreement between the applicant and the Planning Board. Notice of the public hearing shall be given by publication in a local paper of general circulation, by posting and by first-class mailings to abutters at least seven (7) days prior to the hearing. F. Actions. The Board's action, rendered in writing, shall consist of either: Approval of the Stormwater Management Permit Application based upon determination that the proposed plan meets the Standards in Section 7 and will adequately protect the water resources of the community and is in compliance with the requirements set forth in this by-law; Approval of the Stormwater Management Permit Application subject to any conditions, modifications or restrictions required by the Board which will ensure that the project meets the Standards in Section 7 and adequately protect water resources, set forth in this by-law; Disapproval of the Stormwater Management Permit Application based upon a determination that the proposed plan, as submitted, does not meet the Standards in Section 7 or adequately protects water resources, as set forth in this by-law. H. Failure of the Board to take final action upon an Application within the time specified above shall be deemed to be approval of said Application. Upon certification by the Town Clerk that the allowed time has passed without Board action, the Board must issue a Stormwater Management Permit. I. The permittee, or their agent, shall notify the Board in writing of any change or alteration of a land-disturbing activity authorized in a Stormwater Management Permit before any change or alteration occurs. If the Board determines that the change or alteration is significant, based on the design requirements listed in Section 7A and accepted construction practices, the Board may require that an amended Stormwater Management Permit application be filed and a public hearing held. If any change or deviation from the Stormwater Management Permit occurs during a project, the Board may require the installation of interim measures before approving the change. J. Project Completion. At completion of the project the permittee shall submit as-built record drawings of all structural stormwater controls and treatment best management practices required for the site. The as-built drawing shall show deviations from the approved plans, if any, and be certified by a Registered Professional Engineer. SECTION 7. STORMWATER MANAGEMENT PLAN A. The application for a stormwater management permit shall consist of submittal of a Stormwater Management Plan to the Board. This Stormwater Management Plan shall contain sufficient information for the Board to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater. The Plan shall be designed to meet the Massachusetts Stormwater Management Standards as set forth in Part B of this section and DEP Stormwater Management Handbook Volumes I and II. The Stormwater Management Plan shall fully describe the project in drawings, and narrative. It shall include: A locus map, The existing zoning, and land use at the site, The proposed land use, The location(s) of existing and proposed easements, The location of existing and proposed utilities, The site's existing & proposed topography with contours at 2 foot intervals, The existing site hydrology, A description & delineation of existing stormwater conveyances, impoundments, and wetlands on or adjacent to the site or into which stormwater flows. A delineation of 100-year flood plains, if applicable Estimated seasonal high groundwater elevation in areas to be used for stormwater retention, detention, or infiltration. The existing and proposed vegetation and ground surfaces with runoff coefficient for each, A drainage area map showing pre and post construction watershed boundaries, drainage area and stormwater flow paths, A description and drawings of all components of the proposed drainage system including: locations, cross sections, and profiles of all brooks, streams, drainage swales and their method of stabilization; all measures for the detention, retention or infiltration of water; all measures for the protection of water quality; the structural details for all components of the proposed drainage systems and stormwater management facilities; notes on drawings specifying materials to be used, construction specifications, and typicals, and expected hydrology with supporting calculations. Proposed improvements including location of buildings or other structures, impervious surfaces, and drainage facilities, if applicable. Timing, schedules, and sequence of development including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization, (an approved Erosion and Sediment Control Plan, as described in the Subdivision Rules and Regulations Section 5.3(6) is understood to meet the requirements of this section.) A maintenance schedule for the period of construction, and Any other information requested by the Board. B. Standards All projects at a minimum shall meet the stormwater runoff control standards of the Massachusetts Stormwater Management Policy, which are as follows: No new stormwater conveyances (e.g. outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or water of the Commonwealth. Stormwater management systems must be designed so that post-development peak discharge rates do not exceed pre-development peak discharge rates. Loss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum extent practicable. The annual recharge from the post-development site should approximate the annual recharge rate from the pre-development or existing site conditions, based on soil types. For new development, stormwater management systems must be designed to remove 80% of the average annual load (post development conditions) of Total Suspended Solids (TSS). It is presumed that this standard is met when: Suitable nonstructural practices for source control and pollution prevention and implemented; Stormwater management best management practices (BMPs) are sized to capture the prescribed runoff volume; and Stormwater management BMPs are maintained as designed. Stormwater discharges from areas with higher potential pollutant loads require the use of specific stormwater management BMPs (see Stormwater Management Volume I: Stormwater Policy Handbook). The use of infiltration practices without pretreatment is prohibited. Stormwater discharges to critical areas must utilize certain stormwater management BMPs approved for critical areas (see Stormwater Management Volume I: Stormwater Policy Handbook). Critical areas are Outstanding Resource Waters (ORWs), shellfish beds, swimming beaches, cold water fisheries and recharge areas for public water supplies. Redevelopment of previously developed sites must meet the Stormwater Management Standards to the maximum extent practicable. However, if it is not practicable to meet all the Standards, new (retrofitted or expanded) stormwater management systems must be designed to improve existing conditions. Erosion and sediment controls must be implemented to prevent impacts during disturbance and construction activities. All stormwater management systems must have an operation and maintenance plan to ensure that systems function as designed. SECTION 8. OPERATION AND MAINTENANCE PLANS An Operation and Maintenance plan (O&M Plan) is required at the time of application for all projects. The maintenance plan shall be designed to ensure compliance with the Permit, this Bylaw and that the Massachusetts Surface Water Quality Standards, 314, CMR 4.00 are met in all seasons and throughout the life of the system. The Board shall make the final decision of what maintenance option is appropriate in a given situation. The Board will consider natural features, proximity of site to water bodies and wetlands, extent of impervious surfaces, size of the site, the types of stormwater management structures, and potential need for ongoing maintenance activities when making this decision. The Operation and Maintenance Plan shall remain on file with the Board and shall be an ongoing requirement. The O&M Plan shall include: A. The name(s) of the owner(s) for all components of the system B. Maintenance agreements that specify: The names and addresses of the person(s) responsible for operation and maintenance The person(s) responsible for financing maintenance and emergency repairs. A Maintenance Schedule for all drainage structures, including swales and ponds. A list of easements with the purpose and location of each. The signature(s) of the owner(s). C. Stormwater Management Easement(s). Stormwater management easements shall be provided by the property owner(s) as necessary for: access for facility inspections and maintenance, preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100-year storm event. direct maintenance access by heavy equipment to structures requiring regular cleanout. The purpose of each easement shall be specified in the maintenance agreement signed by the property owner. Stormwater management easements are required for all areas used for off- site stormwater control, unless a waiver is granted by the the Board. Easements shall be recorded with the Norfolk County Registry of Deeds prior to issuance of a Certificate of Completion by the Board. D. Changes to Operation and Maintenance Plans The owner(s) of the stormwater management system must notify the Board of changes in ownership or assignment of financial responsibility. The maintenance schedule in the Maintenance Agreement may be amended to achieve the purposes of this by-law by mutual agreement of the Board and the Responsible Parties. Amendments must be in writing and signed by all Responsible Parties. Responsible Parties shall include owner(s), persons with financial responsibility, and persons with operational responsibility. SECTION 9. SURETY The Board may require the permittee to post before the start of land disturbance or construction activity, a surety bond, irrevocable letter of credit, cash, or other acceptable security. The form of the bond shall be approved by town counsel, and be in an amount deemed sufficient by the Board to ensure that the work will be completed in accordance with the permit. If the project is phased, the Board may release part of the bond as each phase is completed in compliance with the permit but the bond may not be fully released until the Board has received the final inspection report as required by Section 10 and issued a Certificate of Completion. SECTION 10. INSPECTIONS The Board shall inspect the project site at the following stages: A. Initial Site Inspection: prior to approval of any plan. B. Erosion Control Inspection: to ensure erosion control practices are in accord with the filed plan. C. Bury Inspection: prior to backfilling of any underground drainage or stormwater conveyance structures. D. Final Inspection. After the stormwater management system has been constructed and before the surety has been released, the applicant must submit a record plan detailing the actual stormwater management system as installed. The Board shall inspect the system to confirm the "as-built" features. This inspector shall also evaluate the effectiveness of the system in an actual storm. If the inspector finds the system to be adequate he shall so report to the Board which will issue a Certificate of Completion. If the system is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the Stormwater Management Plan, it shall be corrected by the permittee before the performance guarantee is released. If the permittee fails to act the Town of Norfolk may use the surety bond to complete the work. Examples of inadequacy shall be limited to: errors in the infiltrative capability, errors in the maximum groundwater elevation, failure to properly define or construct flow paths, or erosive discharges from basins. SECTION 11. WAIVERS A. The Board may waive strict compliance with any requirement of this by- law or the rules and regulations promulgated hereunder, where: such action is allowed by federal, state and local statutes and/or regulations, is in the public interest, and is not inconsistent with the purpose and intent of this by-law. B. Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the by-law does not further the purposes or objectives of this bylaw. C. All waiver requests shall be discussed and voted on at the close of the public hearing for the project. SECTION 12. CERTIFICATE OF COMPLETION The Board will issue a letter certifying completion upon receipt and approval of the final inspection reports and/or upon otherwise determining that all work of the permit has been satisfactorily completed in conformance with this bylaw. SECTION 13. ENFORCEMENT A. The Board or an authorized agent of the Board shall enforce this by-law, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. B. Orders The Board or an authorized agent of the Board may issue a written order to enforce the provisions of this by-law or the regulations thereunder, which may include requirements to: cease and desist from construction or land disturbing activity until there is compliance with the by-law and the stormwater management permit; repair, maintain; or replace the stormwater management system or portions thereof in accordance with the operation and maintenance plan. perform monitoring, analyses, and reporting; remediate adverse impact resulting directly or indirectly from malfunction of the stormwater management system. If the enforcing person determines that abatement or remediation of adverse impacts is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the town may, at its option, undertake such work, and the property owner shall reimburse the town's expenses. Within thirty (30) days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner shall be notified of the costs incurred by the town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Board within thirty (30) days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within thirty (30) days following a decision of the Board affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner's property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. Ch. 59, § 57, after the thirty- first day at which the costs first become due. C. Criminal Penalty. Any person who violates any provision of this by-law, or regulation, order or permit issued thereunder by indictment or complaint brought to the Superior Court, Housing Court or Worcester District Court, shall be punished by a fine of not more than $300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. D. Non-Criminal Disposition. As an alternative to criminal prosecution or civil action, the town may elect to utilize the non-criminal disposition procedure set forth in G.L. Ch. 40, §21D and [insert citation town enabling vote/bylaw (if applicable)] of the Town of Norfolk, in which case [the insert title or other authorized agent] of the town] shall be the enforcing person. Specific penalty fees for violations will be established as part of the rules and regulations. E. Appeals The decisions or orders of the Board shall be final. Further relief shall be to a court of competent jurisdiction. F. Remedies Not Exclusive The remedies listed in this by-law are not exclusive of any other remedies available under any applicable federal, state or local law. SECTION 14. SEVERABILITY If any provision, paragraph, sentence, or clause of this by-law shall be held invalid for any reason, all other provisions shall continue in full force and effect. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article regarding a new bylaw governing Post-Construction Stormwater Management of New Developments and Redevelopments is required as a follow- up to the Stormwater Management Article approved at a previous Town Meeting. This Article allows the Town's governing authorities to enforce compliance with Stormwater Management Laws. ARTICLE 42 Submitted by the Planning Board To see if the Town will vote to amend Section F.9.b.1.c.4 by adding the following: Such signs advertising multiple businesses in one or more buildings may be combined into a single structure by special permit, provided that none shall exceed 12 square feet, except by special permit, and the total area of all signs, excluding the supporting structure but including mounting surfaces, shall not exceed 100 square feet per side; or take any other action relative thereto. To read: F.9.b.1.c.4. One freestanding SIGN on the ground for each separate BUILDING, housing one or more establishments, with the size not exceeding 12 sq. ft. in area per side except by Special Permit to a maximum of 24 square feet. Such signs advertising multiple businesses in one or more buildings may be combined into a single structure by special permit, provided that none shall exceed 12 square feet, except by special permit, and the total area of all signs, excluding the supporting structure but including mounting surfaces, shall not exceed 100 square feet per side; or take any other action relative thereto. 5 ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article modifies existing bylaws regarding signage advertising for multiple businesses. ARTICLE 43 Submitted by the Planning Board To see if the Town will vote to amend section J.4.b.1.D. by amending the residential setback requirement to be 50 feet from 150 feet; or take any other action relative thereto. Existing: J.4.b.1.D. No BUILDING or STRUCTURE shall be located less than 150 feet from a Residential District and no use (including PARKING AREAS, driveways, vehicle circulation areas or other vehicle access ways) shall be located less than 50 feet from an adjacent parcel within a Residential Zoning District. To read: J.4.b.1.D. No BUILDING or STRUCTURE and no use (including PARKING AREAS, driveways, vehicle circulation areas or other vehicle access ways) shall be located less than 50 feet from a Residential Zoning District. 6 ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article provides consistency in the bylaw and corrects an existing error. ARTICLE 44 Submitted by the Planning Board To see if the Town will vote to amend section F.7.a. to replace the special permit granting authority from the Zoning Board of Appeals to the Planning Board for a reduction in required parking. The resulting language will read: F.7.a. In any district where otherwise permitted, no use of premises shall be authorized or extended, and no BUILDING or STRUCTURE shall be erected or enlarged unless there is provided for such erection, extension, or enlargement, off-STREET parking space within 450 feet of the entrance of the principal BUILDING, STRUCTURE, or use of the premises, in accordance with the following schedule of off-STREET parking requirements. The minimum number of parking spaces required in Section F.7.b must be provided unless the Planning Board specifically finds, under a Special Permit request, that the requirements of the use(s) will be served by a lesser number of parking spaces. In order to reduce the number of parking spaces the Planning Board must find that the lesser number is adequate to accommodate the vehicles of occupants, employees, members, customers, clients, visitors, and deliveries to the premises. The APPLICANT shall show the PARKING AREAS normally required for the LOT. The Planning Board may place conditions of approval on any Special Permit granted under this Section; or take any other action relative thereto. Existing: F.7.a. In any district where otherwise permitted, no use of premises shall be authorized or extended, and no BUILDING or STRUCTURE shall be erected or enlarged unless there is provided for such erection, extension, or enlargement, off-STREET parking space within 450 feet of the entrance of the principal BUILDING, STRUCTURE, or use of the premises, in accordance with the following schedule of off-STREET parking requirements. The minimum number of parking spaces required in Section F.7.b must be provided unless the Zoning Board of Appeals specifically finds, under a Special Permit request, that the requirements of the use(s) will be served by a lesser number of parking spaces. In order to reduce the number of parking spaces the Zoning Board must find that the lesser number is adequate to accommodate the vehicles of occupants, employees, members, customers, clients, visitors, and deliveries to the premises. The APPLICANT shall show the PARKING AREAS normally required for the LOT. The Zoning Board of Appeals may place conditions of approval on any Special Permit granted under this Section. To read: F.7. Parking Requirements F.7.a. In any district where otherwise permitted, no use of premises shall be authorized or extended, and no BUILDING or STRUCTURE shall be erected or enlarged unless there is provided for such erection, extension, or enlargement, off-STREET parking space within 450 feet of the entrance of the principal BUILDING, STRUCTURE, or use of the premises, in accordance with the following schedule of off-STREET parking requirements. The minimum number of parking spaces required in Section F.7.b must be provided unless the Planning Board specifically finds, under a Special Permit request, that the requirements of the use(s) will be served by a lesser number of parking spaces. In order to reduce the number of parking spaces the Planning Board must find that the lesser number is adequate to accommodate the vehicles of occupants, employees, members, customers, clients, visitors, and deliveries to the premises. The APPLICANT shall show the PARKING AREAS normally required for the LOT. The Planning Board may place conditions of approval on any Special Permit granted under this Section. 7 ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article modifies the bylaw regulations for off-STREET parking. ARTICLE 45 Submitted by the Board of Selectmen To see if the Town will vote to accept a gift of land or take by eminent domain pursuant to Chapter 79 of the General Laws, and further to accept as a public way and to accept all easements, a portion of Liberty Lane, from Union Street to Liberty Lane for a distance of 210 linear feet, more or less, as approved by the Board of Selectmen as shown on the acceptance plan dated September 13, 2006, drawn by Coler & Colantonio, Inc. of Norwell, Massachusetts; or take any other action relative thereto. ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article hopefully finalizes the acquisition of a portion of Liberty Lane and will accept it as a public way. ARTICLE 46 Submitted by the Planning Board To see if the Town will vote to accept a gift of land or take by eminent domain pursuant to Chapter 79 of the General Laws and further to accept as a public way and to accept all easements, Sherwood Drive a distance of 1100 +/- feet, from Pond Street to the end of the cul-de-sac, as shown on the acceptance plan dated November 27, 1985, drawn by Landmark Engineering of New England, Inc. of Wrentham, Massachusetts and further to see what sum of money the Town will raise and appropriate, borrow, or transfer from available funds for damages, fees, and expenses; or take any action relative thereto. 8 9 ARTICLES 46, 47, 48, 49 and 50 10 ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of these Articles. These are standard street acceptance Articles by the Town. Such Articles are necessary when the Planning Board deems all issues regarding the acceptance of a street from a developer are resolved. ARTICLE 47 Submitted by the Planning Board To see if the Town will vote to accept a gift of land or take by eminent domain pursuant to Chapter 79 of the General Laws and further to accept as a public way and to accept all easements, David Road a distance of 850 +/- feet, from Pond Street to the end of the cul-de-sac, as shown on the acceptance plan dated November 27, 1985, drawn by Landmark Engineering of New England, Inc. of Wrentham, Massachusetts and further to see what sum of money the Town will raise and appropriate, borrow, or transfer from available funds for damages, fees, and expenses; or take any action relative thereto. ARTICLE 48 Submitted by the Planning Board To see if the Town will vote to accept a gift of land or take by eminent domain pursuant to Chapter 79 of the General Laws and further to accept as a public way and to accept all easements, Massachusetts Avenue, from Station 32 + 06.09 to 38 + 26.51 and running to the end of cul-de-sac terminus, as approved by the Board of Selectmen as shown on the acceptance plan dated September 11, 2006 drawn by Dunn-McKenzie, Inc. of Norfolk, Massachusetts and as further described in documents entitled, "Land Description of Massachusetts Avenue - Christina Estates" dated September 2005 and September 11, 2006 and further to see what sum of money the Town will raise and appropriate, borrow, or transfer from available funds for damages, fees, and expenses; or take any action relative thereto. ARTICLE 49 Submitted by the Planning Board To see if the Town will vote to accept a gift of land or take by eminent domain pursuant to Chapter 79 of the General Laws and further to accept as a public way and to accept all easements, Willow Place, from Massachusetts Avenue to Applewood Road, as approved by the Board of Selectmen as shown on the acceptance plan dated August 9, 2007 drawn by Dunn-McKenzie, Inc. of Norfolk, Massachusetts and as further described in documents entitled, "Land Description of Massachusetts Avenue - Christina Estates" dated September 2005 and further to see what sum of money the Town will raise and appropriate, borrow, or transfer from available funds for damages, fees, and expenses; or take any action relative thereto. ARTICLE 50 Submitted by the Planning Board To see if the Town will vote to accept a gift of land or take by eminent domain pursuant to Chapter 79 of the General Laws and further to accept as a public way and to accept all easements, Applewood Road, from Massachusetts Avenue to the end of cul-de-sac, as approved by the Board of Selectmen as shown on the acceptance plan dated February 27, 2004 drawn by Dunn-McKenzie, Inc. of Norfolk, Massachusetts and as further described in documents entitled, "Land Description of Applewood Road - Christina Estates" dated August 2006 and further to see what sum of money the Town will raise and appropriate, borrow, or transfer from available funds for damages, fees, and expenses; or take any action relative thereto. ARTICLE 51 Submitted by the Planning Board To see if the Town will vote to accept a gift of land or take by eminent domain pursuant to Chapter 79 of the Massachusetts General Laws, a parcel of land identified as "Parcel A" (containing 567,072 square feet of land, more or less) for the purpose of open space conservation and public passive recreation; a parcel of land identified as "Parcel B" (containing 400,789 square feet of land, more or less) for the purpose of open space conservation and public passive recreation; "Parcel C" (containing 444,493 square feet of land, more or less); Parcel F (containing 7,133 square feet of land, more or less) for emergency access from Turner Lane to the subdivision roadway known as "Massachusetts Avenue"; Parcel G for drainage purposes; and further described on sheets 1D - 12D of a definitive plan entitled "Christina Estates" by Dunn-McKenzie, Inc. revised most recently on November 20, 1998 and recorded at the Norfolk County Registry of Deeds as Plan No. 38 of 1999 in Plan Book 462 on January 15, 1999. These parcels are also described in those attachments hereto, identified as Attachments "Land Description of Open Space Parcel B - Christina Estates - Norfolk" dated August, 2004, "Land Description of Open Space Parcel C - Christina Estates - Norfolk" dated August, 2004. - Quitclaim Deed for Parcel F and Quitclaim Deed for Parcel G; or take any other action relative thereto. 11 ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article will accept a gift of land or take by eminent domain from the developer of Christina Estates land to be used as Open Space and passive recreation. ARTICLE 52 Submitted by the Planning Board To see if the Town will vote to accept a gift of land or take by eminent domain pursuant to Chapter 79 of the General Laws and further to accept as a public way and to accept all easements, Berry Lane a distance of 650 +/- feet, from Park Street to the end of cul-de-sac, as approved by the Board of Selectmen as shown on the acceptance plan dated January 15, 1992 drawn by Landmark Engineering of New England, Inc. of Wrentham, Massachusetts and as further described in documents entitled, "Legal Description of Berry Lane" in Norfolk, Massachusetts" along with a parcel of land identified as "Future Roadway" on the Acceptance Plan entitled "Acceptance Plan of Berry Lane" by Landmark Engineering of New England, Inc. dated January 15, 1992; for the purpose of ensuring that it is available for use as a future roadway connecting Berry Lane with abutting property; and further to see what sum of money the Town will raise and appropriate, borrow, or transfer from available funds for damages, fees, and expenses; or take any action relative thereto. 12 ADVISORY BOARD RECOMMENDATION The Advisory Board recommends approval of this Article. The approval of this Article will accept a gift of land or take by eminent domain land for future uses. Hereof, fail not, but make due return of this warrant, with your doings thereon to the Town Clerk, on or before the hour of said meeting. Given under our hands and seal of the Town of Norfolk on the 24th day of September, 2007, A.D. NORFOLK BOARD OF SELECTMEN Jonathan P. Smith, Chairman Ramesh H. Advani, Clerk James C. Lehan, Member A true copy, attest: Town of Norfolk Norfolk, ss By virtue of this Warrant, I have notified and warned the legal voters of the Town of Norfolk aforesaid to meet at the time and place and for the purposes specified in said Warrant, by posting true and attested copies thereof in the Town Hall, and in at least one public place in each of the four (4) precincts, not less than fourteen (14) days at least before the date of said meeting. _______________________________________ Constable _______________________________________ Date