ANNUAL TOWN MEETING
Article 1 Omnibus Budget Fiscal 2005
Article 2 Omnibus Budget Fiscal 2006
Article 3 Collective Bargaining: Fiscal 2004 – Police, Dispatchers
Article 4 Collective Bargaining: Fiscal 2005 – Police, Dispatchers
Article 5 Elected Officials Salary
Article 6 Morse Institute Library
Article 7 Bacon Free Library
Article 8 Personnel Board
Article 9 Title V Assistance Program
Article 10
Article 11 Board of Assessors: Increase Personal Exemption
Article 12 Adjustment FY05 Retirement System Funding
Article 13 School Bus Transportation
Article 14 Amend Bond Authorization:
Article 15 Council on Aging Revolving Fund
Article 16 Conservation Wetlands Revolving Fund
Article 17 Surplus Vehicle Revolving Fund
Article 18 Unpaid Bills
Article 19 Lease/Repair
Article 20 Fire Chief: Increase to Annual Fire Alarm Master Box Fee
Article 21 Commission on Disability: Increase Allocation of Handicapped Parking
Fines & Provide for Handicap Improvements
Article 22 Increase in Handicapped Parking Violation Fees
Article 23 Sewer Betterment – Natick Mall
Article 24 Amend Zoning By-Laws: Noncriminal Disposition of Violations of
Planning Board and Zoning Board of Appeals Decisions
Article 25 Amend Zoning By-Laws: Increase in Fines
Article 26 Amend Zoning By-Laws: Natick Mall Project
Article 27 Street Acceptance:
Article 28 Capital Equipment
Article 29 Capital Improvement
Article 30 Capital Improvement – Schools
Article 31 Planning and Constructing of New
Article 32 Major Capital Project Review Committee
Article 33 Home Rule Petition: Removal of Police Chief Position from Civil Service
Article 34 Home Rule Petition: Removal of Fire Chief Position from Civil Service
Article 35 Citizen Petition: Increase Senior Exemption Eligibility
Article 36 Citizen Petition: Increase Tax Work Program Limit
Article 37 Moderator: Referrals at Previous Meetings
Article 38 Citizen Petition: Reinstatement of Public Works Commissioners
Article 39 Citizen Petition: Community Preservation Act Study Committee
Article 40 Town Meeting Member Handbook Revision Committee
Article 41 Committee Article
(Town Administrator)
To determine
what sum or sums of money the Town will appropriate and raise, or transfer from
available funds, for the operation of the government of the Town of Natick,
including debt and interest, and to provide for a reserve fund for Fiscal Year
2005 (July 1, 2004 to June 30, 2005), or take any action relative thereto.
(Town Administrator)
To determine
what sum or sums of money the Town will appropriate and raise, or transfer from
available funds, for the operation of the government of the Town of Natick,
including debt and interest, and to provide for a reserve fund for Fiscal Year
2006 (July 1, 2005 to June 30, 2006), and to see what budgets for Fiscal 2006
will be reduced to offset said additional appropriations, or take any action
relative thereto.
(Town Administrator)
To see if the
Town will vote to raise and appropriate, or otherwise provide, the funds
necessary to implement the Terms of Agreements reached between the Town and the
following collective bargaining units for Fiscal 2004:
a)
b) International Brotherhood of Police
Officers, Local 622
c)
SEIU Local 888 AFL-CIO (Dispatchers)
(Town Administrator)
To see if the
Town will vote to raise and appropriate, or otherwise provide, the funds
necessary to implement the Terms of Agreements reached between the Town and the
following collective bargaining units:
a)
b) International Brotherhood of Police Officers,
Local 622
c)
SEIU Local 888 AFL-CIO (Dispatchers)
(Town Administrator)
To see if the
Town will vote to fix the salary and compensation of all elective officers of
the Town of
(Morse Institute Library
Trustees)
To see what
sums of money the Town will vote to raise and appropriate, or otherwise
provide, for the maintenance and operation of the Morse Institute Library, for
the Fiscal Year
(Bacon Free Library
Trustees)
To see what
sum of money the Town will vote to raise, borrow or transfer and appropriate
for the maintenance of the Bacon Free Library, or otherwise act thereon.
(Town Administrator)
To see if the
Town, pursuant to the authority contained in Section 108A of Chapter 41 of the
General Laws, will vote to amend the by-laws by adding to Article 24, Section
3, a new paragraph deleting certain position titles, adding new position titles
and effecting changes in the salary ranges as presently established and will
provide the money necessary therefore, or take any action relative thereto.
(Board of Health)
To see if the
Town will vote to appropriate a sum of money for the purpose of financing the
following water pollution abatement facility projects: repair, replacement
and/or upgrade of septic systems, pursuant to agreements with the Board of
Health and residential property owners, including without limitation all costs
thereof as defined in Section1 Chapter 29C of the General Laws; to determine
whether this appropriation shall be raised by borrowing from the Massachusetts
Water Pollution Abatement Trust or otherwise, or to take any other action
relative thereto.
(Town Administrator)
To see if the Town will vote, pursuant
to Chapter 114, Section 34 of the Massachusetts General Laws, to allow the land
located at
or otherwise act
thereon.
(Board of Assessors)
To see if the Town will vote to
increase the Personal Exemption Amounts by 22.5% under the provisions of
Chapter 126 of the Acts of 1988 which provides for “Optional Additional
Property Tax Exemptions” allowing an annually determined, uniform increase in
the amount of exemption in General Laws, Chapter 59 Section 5 Clauses 17D, 22,
22A, 22B, 22C, 22D, 22E, 37A and 41C (elderly person, disabled veteran, or
blind person).
(Town Administrator)
To determine
what sum or sums of money the Town’s General Fund will appropriate and raise,
or transfer from available funds, for the purpose of funding the over
assessment of Water and Sewer pension liability, originally assessed to the
Water and Sewer Enterprise and/or take any action relative thereto.
(School Committee)
To see what
sum of money the Town will vote to appropriate for the purpose of operation and
administration of the school bus transportation system, and to reduce or offset
fees charged for students who elect to use the school bus transportation system
for transportation to and from school; or otherwise act thereon.
(Town Administrator)
To see if the
Town will vote to amend the vote of the Town passed under Article 13 of the
October 19, 2004 Annual Fall Town Meeting which appropriated and authorized a
borrowing of $352,000 to construct a system of sewer mains, lateral lines,
trunk mains, and pump stations to service the areas of Clubhouse Lane and Saddlebrook Road, to reduce the amount of the borrowing to
$262,000 and provide that $90,000 shall be transferred from available funds; or
take any other action relative thereto.
(Council on Aging)
To see if the
Town will vote to accept the provisions of Chapter 44, Section 53E l/2 of the
Massachusetts General Laws which allows towns to authorize separate revolving
funds to which shall be credited receipts received in connection with the
programs supported by such revolving fund.
The Council on Aging would establish a revolving fund for a subsidized
transportation program with receipts credited to this revolving fund, expended
by the Council on Aging Director with oversight by the Council on Aging and not
to exceed $15,000 expenditures in a fiscal year.
(Town Administrator)
To see if the Town will vote, pursuant
to Chapter 44, Section 53E l/2 of the Massachusetts General Laws, to establish
a revolving fund in order to utilize fees paid to the Conservation Commission
by applicants pursuant to the Natick Wetlands Protection By Law for the purpose
of hiring consultants; to authorize the Conservation Commission to expend money
from said revolving fund for consultant services regarding applications to the
Conservation Commission under Chapter 131, Section 40 of the Massachusetts
General Laws and under the Natick Wetlands Protection By Law; to establish a
limit on the total amount which may be expended from such fund in the fiscal
year beginning July 1, 2005;
or otherwise act
thereon.
(Town Administrator)
To see if the Town will vote, pursuant
to Chapter 44, Section 53E l/2 of the Massachusetts General Laws, to establish
a revolving fund in order to utilize revenue from the sale of surplus vehicles
to fund the purchase of vehicles and equipment at auction; to authorize the
Department of Public Works, with the approval of the Town Administrator, to
expend money from said revolving fund for the purchase of vehicles and
equipment at auction; and to limit the total amount which may be expended from
such fund to $15,000 for the fiscal year
beginning on July 1, 2005 or to act otherwise thereon.
(Town Administrator)
To see if the
Town will vote to raise and appropriate, or otherwise provide such sums of
money as may be required for the payment of unpaid bills of previous years,
incurred by the departments, boards and officers of the Town of
(Town Administrator)
To see if the
Town will vote to appropriate and raise, or otherwise provide, a sum or sums of
money as may be required for the lease and/or repair of equipment for various
departments of the Town of Natick, or otherwise act thereon.
(Fire Chief)
To see if the Town Meeting would
approve an increase to the annual fire alarm master box fee. Increase the current fee of $150.00 to
$300.00 or otherwise act thereon.
(Commission on Disability)
To see if the Town will vote to
increase from 75% to 100% the amount of monies allocated to the Commission on
Disability as the result of fines generated from violations of handicapped
parking laws
And further
To see if the Town will vote to
appropriate and raise, or otherwise provide a sum of money not to exceed $5,500
for the purchase and installation of audio tactile push button walk signals at
various intersections in Natick, curb cuts and access route installations and
repairs, and to provide for disability awareness/educational materials to be
used with the public and private sector or otherwise act thereon.
(Commission on Disability)
To see if the Town in accordance with
Massachusetts General Laws, Chapter 40:
Section 22A, will vote to raise the amount of
fines for handicapped parking violations in the following amounts:
1) Handicapped
Parking Violations: from $100.00 to
$200.00
2) Access
Aisle Violations: from $200.00 to
$300.00
(Town Administrator)
To see if the Town will amend Article
71 of the General By-laws of the Town as follows:
1. To
modify the first sentence of Section 2 of said Article 71 to read as follows:
Other than in respect to the West Speen Street Pumping District, the Town Administrator shall
assess sewerage construction costs to all properties receiving benefit of
advantage on the basis of the unit method as hereinafter defined.
2. To add the following sentence at the end
of Section 2 of said Article 71:
In the West Speen
Street Pumping District, the Town Administrator shall assess the West Speen Street Sewer Construction Costs based upon the unit
method to the properties in the West Speen Street
Pumping District; or in case of other sewerage construction costs, shall assess
sewerage construction costs in accordance with this By-Law.
3.
To add the following two definitions to
Article 71 respectively as Items (14) and (15):
(14)
West Speen
Street Pumping District: the land
compromising Assessor’s Map 16,
(15)
West Speen
Street Sewage Construction Cost: all
sewer improvements required to be constructed to accommodate sewage flow from
the West Speen Street Pumpting
District as part of the redevelopment and expansion at the Natick Mall as approved
by the Planning Board in Decision 16-04 dated July 19, 2004, as the same may be
modified, or as approved by an Approved Use Development Plan adopted by Town
Meeting.
4.
To modify the last two sentences of the
first paragraph of Section 4 of said Article 71 to read as follows:
Other than for West Speen Street Sewer Construction Costs, betterments shall be
assessed for seventy-five percent (75%) of the cost of special and general
benefit facilities with twenty-five percent (25%) of the cost to be paid by the
Town. In the West Speen
Street Pumping District, betterments shall be assessed for one hundred percent
(100%) of the cost of special and general benefit facilities for West Speen Street Sewer Construction Costs with no cost to be
paid by the Town.
5.
To modify the fourth paragraph of
Section 4 of said Article 71 to read as follows:
Commercial
and industrial and semi-public uses and all properties within the West Speen Street
Pumping District shall be converted into sewer units on the basis of the minimum frontage and depth
requirements of the nearest single family
residential district with the largest common frontage.
or take any other
action relative thereto.
(Planning Board)
To see if the Town will vote to amend
the Zoning By Laws by adding a new second paragraph to
Section VI-F which reads:
“Whoever
violates any provision of these Zoning By Laws, any of the conditions under which a permit is issued,
or any decision rendered by the Board
of Appeals or the Planning Board, the violation of which is subject to a specific penalty, may be penalized by a noncriminal disposition as provided in Massachusetts General Laws Chapter
40, Section 21D. A noncriminal
disposition
under this provision shall not preclude further judicial proceedings
regarding continuing violation of the Zoning By Laws
beyond the date of
said noncriminal disposition.”
or otherwise act
thereon.
(Planning Board)
To see if the Town will vote to amend
Section VI-F of the Zoning By Laws by adding in the first sentence the words
“or the Planning Board” after the words “Board of Appeals” and by deleting the
word “twenty” in the first sentence and inserting in its place the words “two
hundred” so that said Section VI-F would read:
“Any
person violating any provisions of this by law, any of the conditions under which a permit is issued, or any
decision rendered by the Board of Appeals
or the Planning Board, may be fined not more than two hundred dollars for each offense. Each day that such violation continues shall constitute a separate offense.”
or otherwise act
thereon.
(Prince Okyere, et al)
ZONING PETITION RE: NATICK MALL
To
see if the Town will amend its zoning by-law in the
following respects, or otherwise act thereon:
Item
1: The following shall be added as definitions, in
alphabetical order, in Section 200:
Approved Use Development: The
use of a parcel for shopping mall use in accordance with an Approved Use
Development Plan, including the provisions for parking contained therein.
Approved
Use Development Plan: A development plan described in Section
VII of the Bylaw, the plans for which are on file with the Town Clerk and the
Community Development Director;
Item
2: There shall be added at the end of Section
II.A.1. the following Use District: “Regional Center
Planned Use Overlay District RCP.”
Item
3: Insert a new Section II.B.7.d. that
follows Section II.B.7.c. to read as follows: “There shall be a Regional Center Planned Use
Overlay District RCP within the following described area: Town of
Item
4: In Section 321, cancel the second sentence
and substitute the following therefore:
There are four such overlay districts: Regional
Center Planned Use Overlay District (RCP), the Mall Center Overlay (MC)
district, the Regional Center Overlay (RC) district and the Highway Corridor
Overlay (HC) district. The
Item
5: In Section 323, Use and Other Zoning
Regulations, delete the first line following the title and substitute the
following: “323.0 Uses prohibited in the
MC, RCP and RC Districts.”
Item
6: Insert new Sections 323.1.7., 323.1.8, 323.1.9 and
323.1.10 as follows:
323.1.7
The RCP
Overlay District is an overlay district established in respect of land which,
because of its location and an existing developed condition, can be redeveloped
intensively for commercial purposes without a material impact on natural
resources and with financial benefits to the Town that will result in
substantial contributions to the acquisition and preservation of open space and
improvement of the infrastructure of the Town and the region as a whole.
323.1.8 To the extent that there is inconsistencies between the provisions of this By-law applicable to the RCP Overlay District and the underlying district (including the RC Overlay District, the MC Overlay District and the APD District), the provisions applicable to the RCP Overlay District shall govern even if such provisions are more permissive in the RCP Overlay District than in underlying and other overlay districts.
323.1.9 All uses permitted or allowed in the underlying zoning districts (including the RC Overlay District and the MC Overlay District) shall be permitted or allowed respectively on land in the RCP Overlay District. In addition, Approved Use Development shall be permitted in the RCP Overlay District. No special permit or site plan approval under Section 320 or Section VI-DD of this By-Law shall be required for an Approved Use Development. An Approved Use Development for a shopping mall use shall also be permitted, as a phase of a shopping mall development for which special permits and site plan approval have been issued under Section 320 and Section VI-DD and such phase may be constructed and used as an Approved Use Development independent of such special permit. If the Approved Use Development Plan is proposed to be modified, before any such modification may be made, the owner of the parcel for which such plan has been approved, shall seek a determination from the Planning Board whether such modification is material or minor. If the Planning Board determines that the modification is material, then no such modification shall be permitted unless the Planning Board grants a special permit therefore. If the Planning Board determines that such modification is minor, then no action approving the modification shall be required but the modification shall be filed with the Approved Use Development Plan then on file with the Town Clerk.
323.1.10 Before any building permit may issue for an Approved Use Development, the Building Inspector must receive approval from the Planning Board of the exterior lighting, signage and final elevations of buildings within the Approved Use Development.
Item 7: In Section 324.6, Areas Excluded from FAR
Computations, insert
in the third line: “RCP:
Item 8: In Section
324.6.6, insert “and RCP” after “MC.”
In Section 325.1.1, in the
first line after the word District, insert “(other
than in a RCP Overlay District).”
Item 9: Insert a new
Section 324.11 as follows:
324.11 FAR for Approved Use Development
The FAR for an Approved Use Development shall be as set forth in the
Approved Use Development Plan, including provisions for contributions on
account of Section 328 Bonus Density Provisions to be made to the Town’s
open-space fund and on account of municipal infrastructure reflected in such
Approved Use Development Plan. If the
parcel of land for which the Town has approved an Approved Use Development
either has been or is included in the special permits and site plan approval
issued under Section 320 and Section VI-DD, the combined FAR of the parcels
shall not exceed the FAR permitted under the special permits and site plan
approval. Any FAR payments payable under
the terms of an Approved Use Development plan shall be credited against those
otherwise payable under such special permits and site plan approval.
Item 10: Insert a new Section 325.1.4
as follows:
325.1.4 The base landscape surface ratio
(LSR) in any RCP Overlay District shall be as set forth in the Approved Use
Development Plan.
Item 11: Insert a new
Section 326.13 as follows:
326.13 The height limitation for an Approved Use
Development shall be as set forth in the Approved Use Development Plan.
Item 12: Insert in Section
326.5 as follows:
326.5 Dimensional Regulations in RCP Overlay
District: In lieu of the dimensional
requirements of the underlying zoning district (including the RC and MC Overlay
Districts as part of the HOD District), the following dimensional requirements
shall be applicable:
326.5.1 For an Approved Use Development, the dimensional
requirements shall be as set forth in the Approved Use Development Plan.
Item 13: At the end of Section 327.1,
add the following:
“The landscaping for an
Approved Development Use shall be as set forth in the Approved Development Use
Plan and the provisions of this Section 327 shall not be applicable to an
Approved Use Development Plan.”
Item 14: Insert a new Section VII-Approved Use
Development Plan for the Regional Center Planned Use Overlay District as
follows:
“Section VII. Approved Use Development Plan for the
Statement of Facts:
This Approved Use Development
Plan (the “Development Plan”) relates to the development for shopping mall use,
including the provision for parking, at
The Development Plan is
intended to encourage the redevelopment for retail use in a Regional Center
Planned Use Overlay District RCP. The
Site is located within the RCP Overlay District. The Zoning By-Laws, as amended, allow as of
right development pursuant to a Development Plan in the RCP Overlay
District. The provisions of the RCP
Overlay District, the Development Plan (including its Table and Schedules) and
the Plans (as defined below) govern the development of the Phase I Mall
Project.
The Phase I Mall Project will
be constructed in conformance with the Development Plan. The Development Plan incorporates mitigation
anticipated to mitigate the impacts anticipated from the shopping mall use.
The Phase I Mall Project is
shown on the following plans prepared by Vanasse Hangen Bustlin of
|
Sheet Number |
Drawing Title |
Date |
|
C-1 |
Legend and General Notes |
|
|
C-2 |
Overall Site Plan |
|
|
C-3 |
Phase I Parking Plan |
|
|
C-4 |
Traffic Striping and Signage Plan |
|
|
C-5 |
Layout and Materials Plan |
|
|
C-6 |
Grading Drainage and Erosion Control Plan |
|
|
C-7 |
Utility Plan |
|
|
C-8 |
Ring Road Link Plan and Profile |
|
|
C-9 |
Wetland Restoration Plan |
|
|
C-10 |
Sanitary Sewer Pump Station |
|
|
C-11 |
Site Details |
|
|
C-12 |
Site Details |
|
|
C-13 |
Site Details |
|
|
C-14 |
Site Details |
|
|
C-15 |
Site Details |
|
|
C-16 |
Site Details |
|
|
L-1 |
Landscape Plan |
|
|
L-2 |
Shrub Planting Plan |
|
|
L-3 |
Shrub Planting Plan and Planting Schedule |
|
|
L-4 |
Grading Detail/Berm at |
|
|
L-5 |
Landscape Details |
|
|
TS-1 |
Conceptual Traffic Signal Plan |
|
|
Sv-1 |
Existing Conditions Plan of Land |
|
|
Sv-2 |
Existing Conditions Plan of Land |
|
|
A-101 |
Floor Plan |
|
|
A-102 |
Floor Plan |
|
|
A-103 |
Floor Plan |
|
|
A-104 |
Floor Plan |
|
|
A-300 |
Elevations |
|
|
SL-1 |
Site Lighting Plan |
|
The foregoing plans are referred to in the
Development Plan as the Plans.
Special Conditions:
The
following special conditions shall apply to the Phase I Mall Project described
in the Development Plan:
1. The Plans and the text of the Development Plan shall govern
development of the Phase I Mall Project.
The resulting combination of Plans and the special conditions of the
Development Plan shall be hereafter referred to as the “Development Plan.” All construction shall be carried out in
accordance with the Development Plan in all respects.
2. A photographic Mylar together with three copies of the
approved Plans shall be provided to the Building Inspector.
3. The dimensional standards of the Phase I Mall Project shall be
the following, as more particularly shown on the Plans:
Frontage: 200
feet
Building setback from public way: 50
feet
Parking structure setback from
public 25 feet from public ways;
ways for at grade or higher
levels: below grade levels do
not require a setback
Side and rear yards: 20 feet.
Pedestrian bridges providing access to adjacent properties and intended to
serve shopping mall uses located in a RCP Overlay District shall not be subject
to any rear or side yard requirements either in the RCP Overlay District or in
the zoning district in which the parcel to which it provides access is located.
Height: Up
to 60 feet
Floor Area Ratio: Up
to 0.60
4. The
Phase I Mall Project shall have a minimum of 1745 parking spaces.
5. The
Owner shall comply with the landscaping requirements regarding landscaping in
the Phase I Mall Project, as set forth in the Development Plan; and more
specifically shall do the following:
A. The
landscaping shall be installed as described in the Development Plan and the
Plans. The landscape surface ratio (LSR)
shall be a minimum of 25%. In the event
the Owner has not installed all or any portion of the landscaping material and
irrigation system required by the Development Plan at the time of requesting an
occupancy permit, 200% of Owner’s cost for the portion of the irrigation system
and landscaping material that is not then purchased and installed shall be
posted as security for installing such landscaping and system at a later time,
such sum to be secured in a manner acceptable to the Community Development
Director;
B. The
Owner shall install landscaping at the end of Travis Road adjacent to the fire
station and, appropriate to the irrigation systems available to it, on the
earthen islands in Route 9 adjacent to the Natick Mall located at 1235
Worcester Street as well as maintain the landscaping on the traffic island
adjacent to the intersection of Speen Street and
Natick Mall Road.
C. The
Owner shall maintain, and, at the time of application for a building permit,
shall enter into a covenant with the Town requiring the maintenance, in good
condition, of all landscaped open space and buffer strips for the Phase I Mall
Project. The Owner shall provide a bond
in the amount of 10% of the cost of landscaping, together with 10% of the cost
of the irrigation, to ensure that the required irrigation system is installed
and operating, and the landscape plantings are maintained and survive for three
growing seasons following completion of planting; and
D. No occupancy permit for new buildings within the Phase I Mall
Project shall be issued by the Building Inspector until all landscaping and
buffer strips conform to the landscape plan and planting schedule in the Plans,
and that the required irrigation system is installed, or unless the Owner has
posted the security as required pursuant to Section 5A. above.
6. The
Owner shall undertake the program of Traffic and Transportation Improvements as
specified in Schedule A attached to the Development
Plan. No occupancy certificate for the
new buildings within the Phase I Mall Project shall be issued if the
contributions and construction to be undertaken under Schedule A have not been
completed unless all of the contributions required to be made have been made,
and in respect of the traffic improvements to be constructed by the Owner, a
bond suitable to the Community Development Director and equal to 150% of the
estimated cost of the Owner’s unfinished portions of the traffic improvements
shall have been posted with the Building Inspector.
With respect to the payment of the annual transit fee
of $10,000.00 as referred to in Schedule A, that payment shall be adjusted
annually to reflect any increase in the Consumer Price Index during the year to
which it relates.
The final design of the
Traffic and Transportation Improvements will be determined in conjunction with
the Department of Public Works and where the Massachusetts Highway Department
has jurisdiction, the Massachusetts Highway Department. The provision of Section 14 of these special
conditions shall be applicable to the design thereof.
Identified in Schedule B
attached hereto are certain drawings reflecting options for certain off-site
improvements to be undertaken by the Owner.
Whether a particular option is selected may depend on the determination
of the ultimate permit-granting authority (such as the Massachusetts Highway
Department) or the willingness of third-parties to cooperate and/or provide
some of the funding that may be required to fully implement the option in
question. The Owner shall not be
obligated to implement an option if either the third party fails to give its
concurrence following the request by the Community Development Director or if
the Owner, after conferring with the permit-granting authority, provides
confirmation satisfactory to the Community Development Director that such
concurrence will not be forthcoming.
In addition to its obligations
under Schedule A, the Owner shall design and construct, provided that the Owner
is able to obtain the permits therefor, a bicycle
phase traffic signal on Route 30 at its intersection with the Cochituate Rail Trail.
If the Owner is unable to obtain permits that would enable the Owner to
construct such signal for no more than $100,000.00, the Owner shall provide
funds in the amount of $100,000.00 to the Planning Board to be utilized in
enhancing bicycle access to the Cochituate Rail
Trail.
In addition to its obligations
under Schedule A, the Owner shall provide the Planning Board with the sum of
$25,000.00 to be used on account of the Route 27/Route 30 intersection as the
Planning Board in its discretion shall determine.
7. The Owner shall install the transportation concourse as shown
on the Plans. The Owner shall install
the bicycle crossing at
8. Any catch basins to be installed in the parking lot of the
Phase I Mall Project shall contain devices to trap grease and oil.
9. The location, size and design of any signs desired to be
placed on the Site by the Owner shall be as approved by the Planning Board as
provided in Section 323.1.10 of the By-Law.
10. For a period of two (2) years after the installation of the
exterior lighting system, the Community Development Director shall have the
right to require the system to be modified to correct deficiencies in its
operation.
11. The snow management plan is on file with the Community
Development Director and the Town Clerk.
12. The Owner shall make open space impact contributions to mitigate
the FAR of the Phase I Mall Project to the Town’s open space fund in the
amounts and at the times provided in Table 1.
To the extent the final architectural drawings disclose a lesser floor area, the amount in Table 1 shall be adjusted accordingly
based upon a ratio of $20/square foot of floor area. The architect for the Owner shall provide a
certification of the floor area of the Phase I Mall Project prior to the
issuance of a permanent certificate of occupancy. The Owner shall enter into a covenant with
the Town to maintain the transportation concourse and the Ring Road Link (as
referred to on the Plans) as such.
13. No occupancy permit (other than temporary occupancy permits
which the Building Inspector shall have the authority to issue) shall be issued
by the Building Inspector until the Owner has provided the Town with as-built
site plans and a digital file format copy, in accordance with the Town of
Natick Department of Public Works specifications.
14. With respect to any changes in the Plans that may be requested
by the Department of Public Works or other state or municipal agencies in
connection with their issuance of permits for the Phase I Mall Project which
are inconsistent with the Plans, the Planning Board shall retain the authority
to determine whether such changes constitute a minor modification to the
Development Plan. Any such determination
by the Planning Board shall not require a public hearing.
15. The Owner shall install a repeater in the Phase I Mall Project,
which shall be designed to conform to the Town of
16. During site preparation and construction and excavation of the
Phase I Mall Project, no construction vehicles or vehicles transporting excavation
materials or construction debris concerning the Phase I Mall Project shall
travel southbound on Speen Street, south of Route 9,
between the hours of 2:00 p.m. and 9:30 a.m. Monday through Friday and between
the hours of 4:30 p.m. and 10:00 a.m. on Saturdays, Sundays and holidays. Construction vehicles or vehicles
transporting excavation materials or construction debris concerning the Phase I
Mall Project shall travel southbound on Speen Street,
south of Route 9, only between the hours of 9:30 a.m. and 2:00 p.m. Monday
through Friday and between the hours of 10:00 a.m. and 4:30 p.m. on Saturday,
Sundays and holidays. For the purposes
of this Section 16, the words “construction vehicle” shall mean a vehicle with
a gross vehicle weight of not less than eight thousand (8,000) pounds.
17. Upon request of the Planning Board, the Owner shall provide to
the Natick Department of Public Works, at no charge, excavated fill on an
“as-is” basis from the Phase I Mall Project.
18. If minor deficiencies in the plans come to the Community
Development Director’s attention, the Community Development Director may direct
the Owner to correct such deficiencies.
Such action shall be treated as a minor modification of the Development
Plan and shall not require a public hearing.
19. In concert with the Natick Department of Public Works and the
Board of Selectmen acting as the Town’s Sewer Commissioners, the Owner shall
implement a series of measures that shall result in improvements in the
capacity of the Natick sewerage system such that discharges from the Phase I
Mall Project may be made into it in accordance with good engineering practice
and design.
20.The
stormwater discharge system for the Phase I Mall
Project shall conform to the Department of Environmental Protection’s policies
and procedures and, as such, will prevent pollution of surface and groundwater,
soil erosion and changes in groundwater level and runoff and will promote
conservation and recycling of water.
Surface storm water runoff will be properly controlled at the discharge
point so as to not cause erosion, adverse effect to neighboring properties or
the Town storm drainage system, obstruction to the flow of vehicular or
pedestrian traffic, or puddles in paved areas.
TABLE I
FAR
Mitigation Payments
Open Space Impact Contribution
to Open Space Fund: $4,245,340
As referred to in Schedule A
attached to this Development Plan, the Owner shall both pay money to the Town
and undertake certain work.
As also referred to in Schedule A, the Owner shall pay
certain sums to the Town for the Town’s use in constructing certain
improvements listed in Schedule A. The
Owner shall pay to the Town the sum of $150,000 within thirty (30) days after
the expiration of the time to appeal the adoption of the Development Plan, if
no appeal is filed therefrom, or within thirty (30)
days after final resolution in favor of the Owner of any appeal from the
adoption of the Development Plan. The
remaining payments to be made under this provision shall be paid in accordance
with the schedule set forth in the following paragraph regarding contributions
the Open Space Fund, provided that the amount of the first such payment shall
be ten percent (10%) minus the sum of one hundred fifty thousand dollars
($150,000.00).
The contribution to the Open Space Fund shall be made
in four (4) installments in the following portions and prior to the occurrence
of the following events: Ten percent
(10%) at issuance of building permit for construction of the Mall buildings
(exclusive of Department Store A and Department Store B (as shown on the
Plans)); twenty percent (20%) at issuance of building permit for Department
Store A; twenty percent (20%) at issuance of building permit for Department
Store B; twenty-five percent (25%) upon issuance of a temporary certificate of
occupancy for the Phase I Mall Project and the balance upon issuance of
permanent certificate of occupancy for the Phase I Mall Project.
SCHEDULE A
Traffic and Transportation Improvements
The Owner shall make payments on account of or
construct certain traffic mitigation as identified on the schedule of Phase I
Mall Project Traffic Improvements Mitigation on file with the Town Clerk and
the Community Development Director.
SCHEDULE B
Traffic Improvements
Reference is made to the following drawing prepared
by VHB:
“
Alternate
Designs – Alternate 1 and Alternate 2”
Alternate 2 is the preferred plan. The result of the application of the
procedures set forth in Paragraph 6 of the special conditions of the
Development Plan shall determine which of Alternate 1 or Alternate 2 is
implemented.”
Or
take any other action relative thereto.
(Planning Board)
To see if the Town of
(Town Administrator)
To see if the
Town will vote to appropriate and raise, or otherwise provide, a sum or sums of
money as may be required for capital equipment for the various departments of
the Town of Natick, or otherwise act thereon.
(Town Administrator)
To see if the
Town will vote to appropriate and raise, or otherwise provide, a sum or sums of
money to implement a Capital Improvement Program, to protect the physical
infrastructure of the Town of Natick, or otherwise act thereon.
(School Committee)
To see what
sum of money the Town will vote to appropriate, or otherwise provide, for
capital improvements to the Natick Public Schools to protect the physical
infrastructure; or otherwise act thereon.
(Council on Aging)
To see if the
Town will vote to appropriate a sum of money for planning, constructing,
originally equipping and furnishing a new Senior Center; to determine whether
this appropriation shall be raised by borrowing or otherwise; or to take any
action relative thereto.
(Board of Selectmen)
To see if the Town will vote to amend
the General By Laws by adding a new Article 45, which
reads:
ARTICLE
45
MAJOR CAPITAL
PROJECT REVIEW COMMITTEE
Section 1. Composition
There
shall be a Major Capital Project Review Committee (hereinafter designated “the
Committee”) which shall consist of seven (7) members. Each member of the Committee shall be a
registered voter of the Town of
If
an individual with the necessary qualifications is not available for
appointment to the Committee, the Appointing Authority may appoint an
individual with related experience, training or education.
No
member of the Committee shall be a paid employee of the Town of
Section 2. Appointing Authority
The
members of the Committee shall be appointed by the Appointing Authority which
shall consist of the following officials:
a. Chairman
of the Board of Selectmen
b. Chairman
of the School Committee
c.
Chairman of the Planning Board
d. Chairman
of the Finance Committee
e. Town
Moderator
The
Appointing Authority shall meet annually, and as otherwise required, to make
appointments to the Committee and to conduct any other business.
Section 3. Appointments and Term
Appointments
to the Committee shall be made by a four-fifths majority vote of the Appointing
Authority.
The
Appointing Authority shall appoint the original members of the Committee as
follows: three (3) members for a three
(3) year term, two (2) members for a two (2) year term and two (2) members for
a one (1) year term.
Each
term shall expire on December 31 of the applicable year. Upon the expiration of the initial term of a
member, all future appointments to that position shall be for a term of three
(3) years. A member may continue to
serve on the Committee following the expiration of that member’s term until a
successor is qualified.
If
a member vacates a position on the Committee before the expiration of the term,
the Appointing Authority shall appoint a replacement member to complete the
unexpired term.
Section 4. Committee Responsibility
The
Committee shall review all proposed Town of
The
Committee shall:
a. recommend
to the Town Administrator whether to include such a project in the Town of
b. review
all draft procurement documents for architect, project manager, engineering and
other consulting services for each such project and make recommendations to the
Awarding Authority related thereto;
c.
review all bids and proposals submitted
by each applicant for architect, project manager, engineering and other
consulting services for each such project and make recommendations to the
Awarding Authority related thereto;
d. make
recommendations to the Awarding Authority regarding the award of contracts for
architect, project manager, engineering and other consulting services for each
such project;
e. review
all draft procurement documents for general contractor services regarding each
such project and make recommendations to the Awarding Authority related
thereto;
f.
review all bids and proposals submitted
by prospective general contractors for each such project and make
recommendations to the Awarding Authority related thereto;
g. review
all design documents and make recommendations to the Awarding Authority
regarding whether such design complies with the contract documents and
applicable law;
h. review
all architect, project manager, engineering and other consulting services for
each such project and make recommendations to the Awarding Authority regarding
whether such services comply with the contract documents and applicable law;
i.
review all requests for change orders
submitted regarding each such project and make recommendations to the awarding
authority related thereto;
j.
review all invoices and applications
for payment submitted regarding each such project and make recommendations to
the Awarding Authority related thereto;
k. make
recommendations to the Awarding Authority for each such project regarding when
the project has been substantially completed;
l.
review all draft punch lists for each such
project and make recommendations to the Awarding Authority related thereto;
m. review
all applications for final payment for each such project and make
recommendations to the Awarding Authority related thereto;
n. make
recommendations to the Awarding Authority for each such project regarding when
the project work has been completed and when the project may be closed out;
o. submit
a report of all its activities for publication in the Town’s Annual Report; and
p. whenever an appropriation for a major capital project
is requested from Town Meeting, the Committee shall provide to Town Meeting a
written report which includes an explanation of the need for the project, the
scope of work, the project schedule and the estimated total project cost.
or otherwise act thereon.
(Board of Selectmen)
To see if the
Town will vote to authorize the Board of Selectmen to petition the General
Court to enact legislation in substantially the following form, provided that
the General Court may reasonably vary the form and substance of the requested
legislation within the scope of the general public objectives of this petition.
AN ACT EXEMPTING THE POSITION
OF CHIEF OF POLICE OF THE TOWN OF
FROM THE PROVISIONS OF CIVIL SERVICE
LAW
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Chapter
8 of the Acts and Resolves of 1931 is hereby repealed.
SECTION 2. The
position of chief of police in the town of
SECTION 3. The
provisions of Section 1 and Section 2 of this act shall not impair the civil
service status of the person holding the position of chief of police in the
town of
SECTION 4. This
act shall take effect upon its passage
or otherwise act thereon.
(Board of Selectmen)
To see if the
Town will vote to authorize the Board of Selectmen to petition the General
Court to enact legislation in substantially the following form, provided that
the General Court may reasonably vary the form and substance of the requested
legislation within the scope of the general public objectives of this petition.
AN ACT EXEMPTING THE POSITION
OF CHIEF OF THE FIRE DEPARTMENT
OF THE TOWN OF
FROM THE PROVISIONS OF CIVIL SERVICE
LAW
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding
the provisions of Chapter 8 of the Acts and Resolves of 1925, or any other
general or special law to the contrary, the position of chief of the fire
department of the town of
SECTION 2. The
provisions of Section 1 of this act shall not impair the civil service status
of the person holding the position of chief of the fire department of the town
of
SECTION 3. This
act shall take effect upon its passage.
or otherwise act thereon.
(John
To see if the Town will vote, pursuant
to the provisions of Section 51 of the Chapter 184 of the Acts and Resolves of
2002, to changing the following factors in the provisions of Clause Forty-First
C of Section 5 of Chapter 59 of the Massachusetts General Laws by:
1)
Reducing the age eligibility from 70
years to 65 years;
2)
Changing the real state to which the
exemption applies from four thousand dollars ($4,000.00) of taxable value or
the sum of five hundred dollars ($500.00) whichever would amount in an
exemption of the greater amount of taxes due, to eight thousand dollars
($8,000.00) of taxable value or the sum of one thousand dollars ($1,000.00)
whichever would amount in an exemption of the greater amount of taxes due;
3)
Increasing the eligibility amount for
preceding year gross receipts from all sources from less than thirteen thousand
dollars ($13,000.00) to not more than twenty thousand dollars ($20,000.00) for
an unmarried person and from combined gross receipts with spouse of not less
than fifteen thousand dollars ($15,000.00) to not more than thirty thousand
dollars ($30,000.00) for married persons;
4)
Increasing the eligibility requirement
for whole estate, real and personal, from not in excess of twenty-eight
thousand dollars ($28,000.00) to not in excess of forty thousand dollars
($40,000.00) for single persons and from not in excess of thirty thousand
dollars ($30,000.00) to not in excess of fifty-five thousand dollars ($55,000.00)
for married persons.
or otherwise act
thereon.
(John
To see if the town will vote to accept
the provisions of Chapter 59, Section 5K of the Massachusetts General Laws, as
amended by Section 52 of Chapter 184 of the Acts and Resolves of 2002, thereby
increasing from five hundred dollars ($500.00) to one thousand dollars
($1,000.00) the maximum amount of reduction of a real property tax bill in a
given tax year which may be granted to a person over the age of sixty (60) who
provides volunteer services to the town of Natick under the program established
pursuant to Chapter 59, Section 5K of the Massachusetts General Laws, said
increase to take effect in the fiscal year which begins July 1, 2005.
(Town Moderator)
To receive the
reports of Town agencies to whom subjects were
referred at previous Town Meetings and to see if the Town will vote to take
additional actions to refer these subjects.
(John
To see if the town of
(
To see if the Town will vote to
establish a Study Committee to provide a report to the Fall 2005 Annual Town
Meeting concerning the Community Preservation Act and its suitability for
Natick based on economic, historic preservation, affordable housing and open
space criteria. Such a Committee would
be appointed by the Town Moderator, and would include members nominated by the
Housing Authority, the Historical Commission, the Historic District Commission,
the Open Space Committee, the Planning Board, the Parks and Recreation
Commission, the Conservation Commission, the School Committee, the Board of
Selectmen, the Finance Committee, or such other composition as Town Meeting may
direct.
(Town Moderator)
To receive a report on the progress of
the Town Meeting Member Handbook Revision Committee; to provide such guidance
to the committee as the Town may deem appropriate; and to take actions (1) to
authorize Town Counsel to provide legal advice, including review of revisions
to the handbook, to the committee in accordance with Article 22, Section 5a of
the Town By-Laws and (2) to determine what sum of money the Town will
appropriate and raise, or transfer from available funds, for the production and
distribution of a revised handbook; or take any other action relative thereto.
(Board of Selectmen)
To hear and
act upon the reports of the several Town officers and reports of committees
authorized by vote of any further Town Meeting and to authorize a sum of money
for the purpose thereof.