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 and 3, to meet on Saturday, the 28th day of October, 2000, at 9:00 a.m. at the King Philip Senior High School, 201 Franklin Street, Wrentham, MA 02093, for the fall session of town meeting, then and there to act on the following articles, viz:
ARTICLE 1. Submitted by Town Administrator
To see if the Town will vote to raise and appropriate, 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.ARTICLE 2. Submitted by Town Administrator
To see if the Town will vote to raise and appropriate, 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, 2001; or take any other action relative thereto.ARTICLE 3. Submitted by Council on Aging/Permanent Building Committee
To see if the Town will vote to raise and appropriate, transfer from any available source of funds, borrow or bond pursuant to any applicable statute, a sum of money to be added to the Senior Center Construction Budget. Said funds to be used only if the Grant Application submitted (August, 2000) is unsuccessful; or take any other action relative thereto.ARTICLE 4. Submitted by Board of Water Commissioners
To see if the Town will vote to authorize the Board of Water Commissioners to take by eminent domain pursuant to General Laws Chapter 79 the fee simple interest in those two certain parcels of land formerly owned by Leo C. Braun, et al, and shown as Parcel A, 11.608 acres and Parcel B, 3.82 acres, totaling 15,428 acres on a plan of land entitled "Plan of Land in Norfolk, Mass." dated 3 April 2000, Scale 1" = 80', by Landmark Engineering of New England, Inc., said plan being recorded at the Norfolk County Registry of Deeds in Plan Book 474 as Plan No. 228 of 2000. No betterments shall be assessed with the taking, all trees and improvements on the land shall be included in the taking, and no damages shall be awarded; or take any other action relative thereto.ARTICLE 5. Submitted by Board of Water Commissioners
To see what sum of money the Town will transfer from Water Department retained earnings for improvements to the Gold Street Pump Station, Spruce Road Pump Station, and the Tank; or take any other action relative thereto.ARTICLE 6. Submitted by Board of Water Commissioners
To see what sum of money the Town will raise and appropriate, borrow or transfer from Water Department available funds to build a water treatment facility, and for necessary improvements to the Spruce Road Pump Station; or take any other action relative thereto.ARTICLE 7. Submitted by Board of Water Commissioners
To see what sum of money the Town will raise and appropriate, borrow or transfer from Water Department revenue or retained earnings for land acquisition in the Gold Street Well area for water supply protection purposes; or take any other action relative thereto.ARTICLE 8. Submitted by Town Administrator
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 the Selectmen's Salary to increase clerical hours in the Board of Selectmen's Office; or take any other action relative thereto.ARTICLE 9. Submitted by Town Administrator
To see if the Town will vote to transfer from the Workers Compensation Trust Account, a sum of money to be added to the Property & Liability Insurance budget; or take any other action relative thereto.ARTICLE 10. Submitted by Board of Selectmen
To see if the Town will vote to raise and appropriate, transfer from any available source of funds, or borrow or bond pursuant to any applicable statute, a sum of money to construct sanitary sewer lines along Old Populatic Road, including shared costs with the Town of Franklin, and to authorize the Board of Selectmen to secure easements necessary for the installation of sewer lines and services; or take any other action relative thereto.ARTICLE 11. Submitted by Town Administrator
To see if the Town will vote to enter into an Intermunicipal Agreement with the Town of Franklin, pursuant to Massachusetts General Laws Chapter 40, Section 4A and said Agreement to include provisions for municipal sanitary sewerage services to Norfolk residents located on Old Populatic Road; or take any action relative thereto.ARTICLE 12. Submitted by Norfolk School Committee
To see if the Town will vote to raise and appropriate, transfer from any available source of funds, borrow or bond pursuant to any applicable statute a sum of money to reconstruct one playground at the Freeman Centennial School; or take any other action relative thereto.ARTICLE 13. Submitted by Norfolk School Committee
To see if the Town will vote to raise and appropriate a sum of money equal to additional Chapter 70 funds received in the Fiscal 2001 State Budget for the Norfolk Elementary Schools, and to expend said funds for educational budget needs to support the school district's Strategic Plan for improvement; or take any other action relative thereto.ARTICLE 14. Submitted by Board of Selectmen
To see if the Town will vote to approve the $2,600,000 indebtedness authorized by the Regional District School Committee of the King Philip Regional School District on September 5, 2000, for the cost of architectural and engineering services for plans and specifications for the construction of a new high school and the construction of an addition to and remodeling and renovations to the existing middle school, which approval shall not take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L. c59, S21C (Proposition 2 1/2 ) amounts required to pay for the Town's share of the principal and interest on the borrowing authorized by the District; or take any other action relative thereto.ARTICLE 15. Submitted by Personnel Board
To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to fund a Study of the Town of Norfolk Personnel Bylaw Classification and Compensation Schedules; or take any other action relative thereto.ARTICLE 16. Submitted by Highway Superintendent
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 the Highway Special Projects account; or take any other action relative thereto.ARTICLE 17. Submitted by Highway Superintendent
To see if the Town will vote to allow the Board of Selectmen to enter into agreements to allow the Town of Norfolk to serve as the host community for the Charles River Household Hazardous Waste Facility; or take any other action relative thereto.ARTICLE 18. Submitted by Conservation Commission
To see if the Town will vote to authorize a Conservation Management Revolving Fund pursuant to Massachusetts General Laws Chapter 44, Section 53E ½ from which to receive and disburse funds to develop and oversee management activities and projects on town-owned conservation land, in an amount not to exceed $5,000 during fiscal year 2001; or take any other action relative thereto.ARTICLE 19. Submitted by Library Trustees
To see if the Town will vote to authorize the Board of Library Trustees to apply for, and accept any state funds which might be available to defray all or part of the cost of the design, construction, and equipping of an addition to the Norfolk Public Library building; or take any other action relative thereto.ARTICLE 20. Submitted by Board of Selectmen
To see if the Town will vote to amend the Town of Norfolk Bylaws, Article X - Police Regulations, by adding the following new Section 35; or take any action relative thereto."No person or persons shall cause, allow or permit the operation of equipment or machinery associated with site work, construction, or demolition between the hours of 5 p.m. and 7 a.m., Monday through Saturday, and all hours on Sunday, and State holidays, without the expressed approval of the Board of Selectmen, and the issuance of a work permit by the Chief of Police. Such regulations shall not apply to domestic equipment such as lawnmowers and power saws or activities defined by 310 CMR 7.10. Violations of this Section shall be subject to a fine of three hundred dollars ($300.) for each violation."ARTICLE 21. Submitted by Personnel Board
To see if the Town will vote to add to the Town of Norfolk Personnel Bylaws a new section entitled COMPENSATORY TIME as follows:XXVII. COMPENSATORY TIMEor take any other action relative thereto.1.0 Application
This policy applies to employees under the Town Personnel Bylaw.2.0 Exempt Employees
Employees in exempt positions are not entitled to compensatory time and will not receive additional payment, or time off for excess work hours under any circumstances.3.0 Policy
Non-exempt employees may accrue compensatory time up to an amount equal to their regularly scheduled number of hours per week. Compensatory time will be granted in lieu of compensation at the discretion of the employee. Compensatory time will accrue at straight time for hours worked beyond an employees regularly scheduled number of hours per week, up to a total of 40 hours per week. Any hours worked in excess of 40 hours per week will accrue at a rate of 1.5 hours for each hour worked. The department must approve, in advance, in writing, requests for accrual and use of compensatory time. No employee shall lose any accrued compensatory time;ARTICLE 22. Submitted by Personnel Board
To see if the Town will vote to add to the Town of Norfolk Personnel Bylaws a new section entitled WORK AT HOME as follows:XXVI. WORK AT HOMEor take any other action relative thereto.1.0 Application
This policy applies to all employees under the Town Personnel Bylaw.2.0 Policy
The Town believes that employees should perform their work at their Town Work Site. It is the Town's policy not to allow at-home work. If an employee cannot perform his/her duties at the Town Work Site, written authorization is required in advance by the employee's supervisor, and the Personnel Board. Once approved, at-home work must be separately noted on an employee's time sheet, including days and hours worked. A copy of the authorization will be on file in the Finance Department;ARTICLE 23. Submitted by Personnel Board
To see if the Town will vote to amend the Town of Norfolk Personnel Bylaws, Page 1, Section I. PERSONNEL BOARD by deleting the last sentence in paragraph three which now reads as follows:Three members shall constitute a quorum for the transaction of the business of the Board and the affirmative vote of three members shall be necessary to any official act of the Board.and replacing that sentence with the following:Three members shall constitute a quorum for the transaction of the business of the Board and a majority vote shall be necessary to constitute an official act of the Board.or take any other action relative thereto.ARTICLE 24. Submitted by Board of Selectmen
To see if the Town will choose any committee, or to hear or act on the report of any committee, town officer, or to instruct any committee or town officer; or take any other action relative thereto.ARTICLE 25. Submitted by Planning Board
To see if the Town will vote to accept a gift of land, or take by eminent domain pursuant to Massachusetts General Laws, Chapter 79 and further to accept as a public way, Cress Brook Road, a distance of 492.15 +/- feet from Medway Street to end of cul de sac together with the utility, sight line, sidewalk, future through roadway, tree planting, and drainage easements as laid out by the Board of Selectmen in accordance with the acceptance plan consisting of two sheets (Plan and Profile sheet which is dated April 15, 1999 and revised February 15, 2000, and June 23, 2000 and Easement Plan sheet dated June 23, 2000 and revised September 8, 2000) drawn by Commonwealth Engineers and Consultants, Inc. of Providence, Rhode Island; or take any other action relative thereto.ARTICLE 26. Submitted by Planning Board
To see if the Town will vote to accept a gift of land, or take by eminent domain pursuant to Massachusetts General Laws, Chapter 79 and further to accept as a public way, Evans Lane, a distance of 498.85 +/- feet from Needham Street to end of cul de sac with the utility, sight line, sidewalk, and drainage easements as laid out by the Board of Selectmen in accordance with the acceptance plan dated August 29, 2000, drawn by Dunn & McKenzie, Inc. of Norfolk, Massachusetts; or take any other action relative thereto.ARTICLE 27. Submitted by Planning Board
To see if the Town will vote to adopt a new zoning map which was prepared by Judith Nitsch Engineering, Inc. and is dated September 28, 2000, and to revise Section C.2.a. of the zoning bylaws, by deleting the current section and replacing it with a new section to read as follows:"C.2.a. Said districts are located and bounded as shown on a map entitled "Zoning Map, Norfolk, Massachusetts", dated September 28, 2000 as most recently amended, and on file in the office of the Town Clerk. The Zoning Map, with all explanatory matter thereon, is hereby made a part of this bylaw.";or take any other action relative thereto.(The proposed new zoning map is available for public inspection in the office of the Town Clerk and Planning Board office.)
ARTICLE 28. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by revising Example B by deleting the reference: "Article 22, Norfolk Town Meeting"; or take any other action relative thereto.ARTICLE 29. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by amending Section B. Definitions, by adding the words "or BUILDING Sites" after the second "LOTS" so that the definition will now read as follows:"PLANNED MULTI-LOT DEVELOPMENT - Development of not less than 80,000 square feet of land into a group of LOTS or BUILDING Sites as a part of a common scheme so that such LOTS or BUILDING Sites need not be self-sustaining; and adequate, common provisions are made for parking, drainage, septic disposal and other infrastructure needs of the LOTS, BUILDINGS and STRUCTURES so accommodated.";or take any other action relative thereto.ARTICLE 30. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by adding a new Section C.1.e. to read as follows:"There shall be an Adult Business Overlay District overlaying the C1 District as depicted in Example Ia of the Norfolk Zoning Bylaw.";or take any other action relative thereto.ARTICLE 31. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by changing the beginning of Section F.13. so that the current third paragraph will become the first paragraph; or take any other action relative thereto.ARTICLE 32. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by deleting the current Section F.13. Wireless Communications Overlay District 1 which reads, "Wireless Communications Overlay District 1. This district shall include land between Dean Street and Rockwood Road limited to Assessors Map 9, Block 32, Lots 33, 36, 38, and 11 and Map 10, Block 32, Lots 3, 4, 8, 12, 41, 74, 76 and Map 10, Block 34, Lot 134; however, WIRELESS COMMUNICATION FACILITIES other than appurtenant ground equipment may be placed on or within existing transmission towers only." and replacing it with the following new paragraph:"Wireless Communications Overlay District 1. This district shall include land between the Millis Town Line and the Walpole Town Line limited to Assessors' Map 9, Block 31, Lot 1 and Map 9, Block 32, Lots 33, 36, 38, and 100, and Map 10, Block 32, Lots 3, 4, 8, 12, 41, 74, 76 and Map 10, Block 34, Lot 134, Map 15, Block 35, Lots 40, 36, 41, and 50, Map 15, Block 54 Lots 30, 40, and 95, Map 16, Block 35, Lots 38, and 49, Map 16, Block 54, Lots 102 and 102, Map 22, Block 54 Lots 138, 42, 102, and 58, Map 22, Block 76, Lots 14, 19, 49, 32, 31, and 41, Map 23, Block 54, Lot 101; however, WIRELESS COMMUNICATIONS FACILITIES within the underlaying Residence (R) or Business (B) Use Districts, other than appurtenant ground equipment, shall be placed on or within existing transmission towers used for high voltage electric transmission lines only.";or take any other action relative thereto.ARTICLE 33. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by adding a new Section C.1.f. to read as follows:"C.1.f. There shall be Wireless Communications Overlay District(s) overlaying the Zoning Map as follows:or take any other action relative thereto.C.1.f.1. Wireless Communications Overlay District 1 as indicated on the Zoning Map";
(A copy of the zoning map indicating the location of the Wireless Communications Overlay Districts is available for public inspection in the office of the Town Clerk and Planning Board.)
ARTICLE 34. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by adding to Section C.1.f. the following:"C.1.f.2. Wireless Communications Overlay District 2 as indicated on the Zoning Map";or take any other action relative thereto.(A copy of the zoning map indicating the location of the Wireless Communications Overlay Districts is available for public inspection in the office of the Town Clerk and Planning Board.)
ARTICLE 35. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by adding to Section F.13. a new overlay district as follows:"Wireless Communications Overlay District 3. This district shall include all land within the HM&PO (Health Maintenance and Professional Office) District limited to Assessors Maps 26 and 27, Block 80, Lot 3 within 300 feet of the Walpole Town Line";or take any other action relative thereto.(A copy of the zoning map indicating the location of Wireless Communications Overlay Districts is available for public inspection in the office of the Town Clerk and Planning Board.)
ARTICLE 36. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by adding to the new Section C.1.f. the following:"C.1.f.3. Wireless Communications Overlay District 3 as indicted on the Zoning Map;"or take any other action relative thereto.(A copy of the zoning map indicating the location of Wireless Communications Overlay Districts is available for public inspection in the office of the Town Clerk and Planning Board.)
ARTICLE 37. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Map for the Town of Norfolk as prepared by Judith Nitsch Engineering, Inc. and dated September 28, 2000 and revised September 29, 2000 by adding Wireless Communications Facility Overlay Districts 1, 2 and 3 to the Zoning Map or to take any other action relative thereto.(The proposed revised zoning map is available for public inspection in the office of the Town Clerk and Planning Board.)
ARTICLE 38. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by revising Section F.13.b. by adding the following words at the end of the sentence: "; however, if the antennas are placed on or within an existing transmission tower, the height of the antennas shall not exceed a height greater than the highest point of the existing tower used for high voltage electric transmission lines so the new Section F.13.b. will now read:"F.13.b. The height of the antenna of the WIRELESS COMMUNICATIONS FACILITY shall not exceed a height of 110 feet as measured from the vertical distance from the grade to its highest point; however, if the antennas are placed on or within an existing transmission tower, the height of the antennas shall not exceed a height greater than the highest point of the existing tower used for high voltage electric transmission lines.";or take any other action relative thereto.ARTICLE 39. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by revising Section D.2.b.5. WIRELESS COMMUNICATIONS FACILITY limited to Wireless Communications Overlay District 1 and adding "Wireless Communications Overlay District 3"; by adding the words, "and as provided for in Section F.13."; and by deleting the "No" under the columns for HM&PO and B2-B4 and substituting in place thereof "SP"; and by deleting (1) after SP in the R district; and deleting the note at the bottom of the chart which reads, "Note (1): Allowed by special permit as described in Section F.13." so that Section D.2.b.5 will now read as follows:* See Section I. ** See Section J. *** See Section K.; or take any other action relative thereto.
R HM
&POB1* B2-
B-4C1
**C2/
C3/
C5C4
***D.2.b.5. WIRELESS COMMUNICATIONS FACILITY limited to Wireless Communications Overlay District 1 and Wireless Communications Overly District 3 and as provided for in Section F.13. SP SP SP No ARTICLE 40. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by amending Section I.7.b. Special Permit Uses by the Zoning Board of Appeals by deleting the words, "Telecommunications and cellular towers consisting of Wireless Communications Facilities on an existing structure, (with the exception of an equipment BUILDING, if any) and replacing them with the following:"Telecommunications and cellular towers consisting of Wireless Communications Facilities limited to the Wireless Communications Overlay District 2 as provided for in Section F.13."or take any other action relative thereto.ARTICLE 41. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by adding to Section I.7.b. Special Permit Uses by the Zoning Board of Appeals the following:"WIRELESS COMMUNICATIONS FACILITY Equipment Building "limited to the Wireless Communications Overlay District 2 as provided for in Section F.13."or take any other action relative thereto.ARTICLE 42. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by amending Section K.7.b. Special Permit Uses by the Zoning Board of Appeals by adding the following:"1. Telecommunications and cellular towers consisting of WIRELESS COMMUNICATIONS FACILITIES by adding the words limited to the Wireless Communications Overlay District 1 as provided for in Section F.13.or take any other action relative thereto.2. WIRELESS COMMUNICATIONS FACILITY Equipment Building limited to the Wireless Communications Overlay District 1 as provided for in Section F.13."
ARTICLE 43. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws Section F.11.a. by adding the words "structures or site improvements" between the words "BUILDING" and "shall" so the first sentence of Section F.11.a. will now read as follows:"In all districts no BUILDING, structures, or site improvements shall be constructed or externally enlarged and no use shall be expanded in ground area or established in an existing BUILDING except in conformity with a site plan bearing an endorsement of approval by the Planning Board unless Site Plan Approval is specifically exempted herein.;or take any other action relative thereto.ARTICLE 44. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws Section H.2.e.5., by replacing the words "twenty (20%) percent" with the words "five (5%) percent" so that Section H.2.e.5. will now read:"No more than five (5%) percent of the open space shall be covered by manmade IMPERVIOUS SURFACES."or take any other action relative thereto.ARTICLE 45. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws, Section H.2. Open Space Preservation, as follows:In paragraph H.2.b.1., replace the words "ten (10) acres" with the words "five (5) acres".
In paragraph H.2.b.1., replace the words "R-2 and/or R-3" with the words "R-1, R-2 and/or R-3".
Delete paragraph H.2.b.3. in its entirety, and substitute in its place the following:
H.2.b.3. The maximum number of BUILDING LOTS in a tract to be developed under the Open Space Preservation Bylaw shall be determined in either of the following two ways, at the sole discretion of the applicant:H.2.b.3.a. The number of BUILDING LOTS which could be developed through a conventional subdivision of the tract, plus ten percent (10%). The burden of proof shall be upon the APPLICANT in determining the allowable number of BUILDING LOTS, which shall be demonstrated through submission of a preliminary plan of the conventional subdivision. The Planning Board reserves the right to challenge the status of any LOT.
H.2.b.3.b. The maximum number of LOTS may be computed by dividing the tract area, less all wetlands and flood plains, by the minimum LOT area for the zoning district in which the tract is located, and then multiplying the result by seventy-five percent (75%). Documentation shall include a plan showing the tract, all wetlands and flood plains, and the applicable calculations.
Insert a new paragraph H.2.b.4. as follows:
H.2.b.4. In addition to SINGLE FAMILY DWELLINGS and other accessory uses allowed in the zoning district, an Open Space Preservation development may contain a small wastewater treatment facility serving only the LOTS in the development.Delete subsection H.2.c. "Intensity Requirements" in its entirety, and substitute in its place the following:
H.2.c. Intensity RequirementsH.2.c.1. The Planning Board may grant a reduction of all intensity regulations in Section E.1.b., Schedule of Dimensional Regulations, for all portions of an Open Space Preservation development if the Planning Board finds that such reduction will result in better design and improved protection of natural and scenic resources, and will otherwise comply with this Bylaw.
H.2.c.2. The requirement for Continuous Buildable Lot Area (Section E.1.f.) shall apply to each LOT in an Open Space Preservation development. The Continuous Buildable Lot Area shall be computed as sixty percent (60%) of the minimum LOT area for the zoning district in which the LOT is located, regardless of any reduction in LOT area granted by the Planning Board for the Open Space Preservation development.
H.2.c.3. In no instance shall any LOT deviate from the following minimum requirements:
Minimum frontage 50 ft.
Minimum front yard setback 30 ft.
Minimum side/rear yard setbacks 15 ft.
Delete paragraphs H.2.e.1., H.2.e.2., H.2.e.3., and H.2.e.4., and substitute in their place the following:
H.2.e.1. A tract of land developed as an Open Space Preservation development shall contain land set aside as permanent open space. The minimum area of such permanent open space (which shall not include land set aside for roads and/or parking areas) shall be determined in relation to the average area of all LOTS in the development, as follows:Required Open Space = Total Tract Area Times (One minus Average area of all BUILDING LOTS in the development divided by Minimum LOT size from Section E.1.b.)In no case, however, shall the Required Open Space be less than twenty-five percent (25%) of the total area of the tract of land.H.2.e.2. The following areas shall not comprise a greater percentage of the required open space than the percentage of such areas found in the overall tract of land:
Wetlands and buffer areas as defined in MGL Chapter 131;
Land within the Town of Norfolk's Flood Plain-Wetland Protection District;
Floodplains as shown on the National Flood Insurance Program Flood Insurance Rate Map Zone A:A1-30.
None of the required open space shall consist of drainage easements.H.2.e.3. Open space shall be planned as large contiguous units wherever possible, but may be in more than one parcel provided that the size and shape of such parcels are appropriate and accessible for the intended uses as determined by the Planning Board.
H.2.e.4. Where possible, existing trees and vegetation shall be preserved and integrated into the landscape design plan to ensure visual privacy between STRUCTURES, abutting properties and neighborhoods.
Amend paragraph H.2.f.3. by adding the following new sentence at the end of the paragraph:
The open space may also be used for underground wastewater disposal from septic systems or small wastewater treatment plants, but shall not be used for wastewater treatment STRUCTURES.Amend subsection H.2.g.1. "Concept Plan/Preliminary Plan" by deleting the second paragraph (relating to conventional subdivision plan) and substituting in its place the following:
If the APPLICANT proposes to determine the maximum number of BUILDING LOTS in relation to the number of LOTS which could be developed through conventional subdivision of the tract, a preliminary plan for a conventional subdivision shall be submitted along with the plan for the Open Space Preservation development.;or take any action relative thereto.ARTICLE 46. Submitted by Planning Board
To see if the Town will vote to amend the Zoning Bylaws by inserting a new Section E.2.g. "Estate Lots", as follows:"E.2.h. Estate LotsE.2.h.1. Special Permit
The Planning Board may grant a Special Permit to allow construction of a SINGLE-FAMILY DWELLING on a LOT in a Residence District lacking the minimum FRONTAGE required for the district, subject to the criteria for "estate lots" set forth herein.E.2.h.2. Criteria for Estate Lots
E.2.h.2.a. The area of the Estate LOT shall be at least three times the Minimum Lot Size for the district as set forth in Section E.1.b.
E.2.h.2.b. The Estate LOT shall have at least 50 feet of FRONTAGE as set forth in subsection E.1.c.1.
E.2.h.2.c. Front, rear, and side YARD setbacks. All buildings shall be located a minimum distance of 50 feet from abutting property lines.
E.2.h.2.d. The Estate LOT shall comply with the requirements of Sections E.1.c. and E.1.d., except that paragraph E.1.c.2. shall not apply. A LOT width of at least fifty (50) feet shall be maintained at all points between the FRONTAGE and the rear of the DWELLING.
E.2.h.2.e. The contiguous buildable LOT area as defined in Section E.1.f. (i.e., land that is not located within a designated flood plain or wetland) shall be at least two times the Minimum Lot Size for the district.
E.2.h.2.f. The Estate LOT shall have existed in separate ownership from any abutting LOT as of January 1, 2000. Documentation to this effect shall be submitted to the Planning Board. The Building Commissioner shall not issue a building permit for any Estate LOT without first establishing that the Planning Board has determined compliance with this provision.
E.2.h.2.h. All utilities shall be installed underground unless the Planning Board specifically finds that above-ground utilities will have minimal impact on adjacent LOTS.
E.2.h.3. Application & Approval
E.2.h.3.a. The APPLICANT shall submit with the special permit application a plan depicting the proposed Estate LOT. The plan shall be prepared by a registered landscape architect, civil engineer or land surveyor, and shall be in such form as will be required for recording with the Registry of Deeds or filing with the Land Court.
E.2.h.3.b. In determining whether or not to grant a special permit for an Estate LOT, and in determining what conditions, if any, to impose on such a special permit, the Planning Board may consider circumstances relating to soil conditions, topography, lot history, wetlands, proposed building locations, and public safety and convenience.
E.2.h.3.c. The special permit shall contain a recorded restriction against further division of the Estate LOT creating any additional BUILDING LOTS."' or take any action relative thereto.
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 this _______ day of September, 2000, A.D.NORFOLK BOARD OF SELECTMEN
Joyce E. Terrio, Chairman
John J. McFeeley, Clerk
R. William Perron, Member
A true copy, attest:
Town of Norfolk
Norfolk, ssBy 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 three precincts, not less than fourteen (14) days at least before the date of said meeting.
____________________________________
Constable____________________________________
Date