Warrant, Town Meeting June 8 2016

TOWN WARRANT
Commonwealth of Massachusetts
FRANKLIN, ss.
To the Constable of the Town of Wendell in the County of Franklin,
Greetings,
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the
inhabitants of said Town, qualified to vote in elections and in Town affairs, to meet in the Town Hall in said
Town on Wednesday, June 8, 2016 at 7 PM, then and there to act on the following articles:
ARTICLE 1: To see if the Town will vote to accept the reports of Town Officials as printed in the Town
Report, or take any action thereon.
ARTICLE 2: To see if the Town will vote to authorize the Town Treasurer, with the approval of the
Selectboard, to borrow money from time to time in anticipation of the revenue of the fiscal year beginning
July 1, 2016 in accordance with the provisions of the MGL Chapter 44, Section 4, and to issue a note or
notes as may be given for a period of less than one year in accordance with MGL Chapter 44, Section 17, or
take any action thereon.
ARTICLE 3: To see if the Town will vote to authorize the Town Treasurer to enter into compensating
balance agreements during fiscal year 2017 as permitted by MGL Chapter 44, Section 53F, or take any action
thereon.
ARTICLE 4: To see if the Town will vote to fix the salary, compensation, and expenses of all elected and
appointed officials of the Town for the fiscal year beginning July 1, 2016, as provided in MGL Chapter 41, as
amended, and to see if the Town will vote to raise and appropriate the sum of $2,309,033 from taxation or
such other sum of money as deemed necessary to defray such salaries and expenses for that period, or take
any action thereon.
ARTICLE 5: To see if the Town will vote to transfer the sum of $77,679 from Stabilization to pay the fiscal
year 2017 debt service on the following loans, or take any action thereon:
Town Building Construction Projects $65,789 (19,160 principle, 46,629 interest)
Mahar Construction $11,889
ARTICLE 6: To see if the Town will vote to transfer sum of $15,000 from the Stabilization fund to the
Reserve Fund, or take any action thereon.
ARTICLE 7: To see if the Town will vote to transfer the sum of $3,000 from Stabilization to the Insurance
Reserve Fund, or take any action thereon.
ARTICLE 8: To see if the Town will vote to transfer the sum of $5,000 from Stabilization to the
Unemployment Compensation Fund, or take any action thereon.
ARTICLE 9: To see if the Town will vote to transfer the sum of $5,000 from Stabilization to the Pension
Reserve Fund, or take any action thereon.
ARTICLE 10: To see if the Town will vote to transfer the sum of $2,000 from Stabilization for Town Hall
Kitchen Equipment, or take any action thereon.
ARTICLE 11: To see if the Town will vote to transfer the sum of $6,000 from Stabilization for the
Independent Audit expenses, or take any action thereon.
ARTICLE 12: To see if the Town will vote to transfer the sum of $32,000 from Stabilization for Group
Health Insurance, or take any action thereon.
ARTICLE 13: To see if the Town will vote to transfer the sum of $34,500 from Stabilization to pay for
town center walkway design and survey, or take any action thereon.
ARTICLE 14: To see if the Town will vote to transfer the sum of $15,000 from Stabilization for culvert
design, or take any action thereon.
ARTICLE 15: To see if the Town will vote to transfer the sum of $1,000 from Stabilization to contribute to
the costs of repair and maintenance of the dam and culvert on Lockes Village Road near the intersection with
West Street, or take any action thereon.
ARTICLE 16: To see if the Town will vote to transfer the sum of $5,000 from Stabilization for Fire
Department turnout gear, or take any action thereon.
ARTICLE 17: To see if the Town will vote to transfer the sum of $50,000 from Stabilization and to borrow
the sum of $150,000 to pay for new Highway Department dump/sander/plow truck, or take any action
thereon.
ARTICLE 18: To see if the Town will vote to transfer the sum of $22,000 from Stabilization to pay for
Wendell’s share of capital projects at Swift River School, or take any action thereon.
ARTICLE 19: To see if the Town will vote to transfer the sum of $2500 from Stabilization to provide legal
and consulting services through joint cooperation with the Town of Montague (lead community) and/or its
attorneys regarding the intervention in Massachusetts Department of Public Utilities (DPU) docket 15-178
(or any subsequently assigned number), including any regulatory or court appeals. DPU 15-178 is the DPU's
review of a proposed contract by Berkshire Gas to purchase gas transportation on the "supply path" of the
proposed Northeast Energy Direct (NED) pipeline; or act on anything relative thereto.
ARTICLE 20: To see if the Town will vote to transfer the sum of $10,000 from Stabilization for Town
Building repairs, or take any action thereon.
ARTICLE 21: To see if the Town will vote to re-authorize a revolving account in accordance with the
provisions of General Laws Chapter 44, Section 53E ½ to account for fees and donations collected for the
Recreation Commission, such fund to be under the authority of the Recreation Commission, or take any
action thereon. Monies from the fund may be used for Recreation Commission expenses, and expenditures
shall not exceed the amount of $5,000 in Fiscal Year 2017.
ARTICLE 22: To see if the Town will vote to apply for, accept, and expend any Federal, State, and private
monies, such as Community Development Block Grants, Public Safety Grants, Massachusetts Public Library
Construction Funds, etc., or take any action thereon.
ARTICLE 23: To see if the Town will vote to transfer the sum of $284,422 from Free Cash to the
Stabilization Account, or take any action thereon.
ARTICLE 24: To see if the Town will vote to transfer the sum of $20,000 from Stabilization to pay for a
pole survey for Wendell’s regional broadband network, or take any action thereon.
ARTICLE 25: To see if the Town will vote to transfer the sum of $50,000 from Stabilization to pay for the
design of Wendell’s regional broadband network, or take any action thereon.
ARTICLE 26: To see if the Town will vote to transfer the sum of $5,196 from Stabilization to the
Conservation Commission Account to pay an FY16 invoice for the Solar Project consultant, or take any
action thereon.
ARTICLE 27: To see if the Town will vote to authorize the Selectboard to declare certain items as surplus,
and to trade in or sell surplus equipment, or take any action thereon.
ARTICLE 28: To see if the Town will vote to accept and approve the following resolution regarding the
critical need for immediate action on wired broadband service, as written below,
Whereas the State’s westward expansion of broadband service to our rural towns of is a matter of
Equal rights and fair representation as guaranteed by the Massachusetts Bill of Rights; and
Whereas broadband service is THE lifeline to our economic survival; and
Whereas our population is aging and declining; and
Whereas our students’ education is compromised in under-enrolled schools and thwarted by their inability to
perform required online assignments; and
Whereas our residents are unable to utilize digital internet health care; and
Whereas broadband assures the interconnectivity essential to life in the 21
st
century; and
Whereas The Massachusetts legislature passed and the governor signed Bill H4355, an Act financing
information technology equipment and related projects, on June 6, 2014, which authorized $50 Million to the
Massachusetts Broadband Incentive Fund,
THEREFORE be it resolved that we, the Residents of the Town of Wendell, call upon the Baker/Polito
Administration to commit all necessary resources to ensure the provision of wired broadband service to
Wendell in its entirety thus meeting the internet needs of all its residents; and
Expeditiously provide resolution to this most challenging situation by allocating the funds necessary to bring
this project to conclusion; and
Instruct the Massachusetts Broadband Institute to work cooperatively with the towns and their agencies, and
to accept input and policy direction from the towns to jointly produce an actionable plan that is acceptable to
our town by June 30th, 2016.
Be it further resolved that the Town Clerk be directed to send copies of this resolution to Governor Charlie
Baker, Lt. Governor Karyn Polito, and Secretary Jay Ash, or take any action related thereto.
ARTICLE 29: To see if the Town will vote to make the following changes to the Wendell Zoning Bylaws,
or take any action thereon:
Add the following definitions:
Junk Yards, Commercial
● Definition: Land or structures used commercially or otherwise for collecting, storing or selling paper,
rags, scrap metals or other discarded materials, or land used commercially or otherwise for collecting
dismantling, salvaging, storing or selling inoperative machinery, equipment or devices, or parts
thereof. Commercial Junkyards must be located on lots not less than ten (10) acres in size and be a
minimum of 500 feet from any residences already in existence. The part used for storage of junk and
other material shall not be within 100' of the property line or 100' of a well, and at least 100 feet from
any wetland as defined in the Wendell General Wetland Protection Bylaw.
Junk Yards, Private
● Definition: Land or structures used to store, process or maintain those items which would otherwise
be stored, processed or maintained at an approved Commercial Junkyard, for a period greater than
thirty days; use of land or structures less than 250 congregate square feet in area for items to be
recycled shall not be considered a private junkyard.
Add to Article VI, Section F - Use Schedule under Section 4 business uses:
Junk Yards, Commercial – SPPB (Special Permit Planning Board)
Junk Yards, Private – N (not allowed)
ARTICLE 30: To see if the Town will vote to make the following changes to the Wendell Zoning Bylaws,
or take any action thereon:
Add the following definitions:
Street: A way providing legally sufficient frontage for subdivision of land under the requirements of Chapter
41, § 81L, MGL, a public way, a way which the Planning Board of the city or Town certifies is maintained
and used as a public way.
Front Lot Line: A line dividing one lot from a street or public way that serves as the
primary access to the property.
Approved Private Way: A way in existence which is approved by the Planning Board for use as Frontage in
the process of obtaining a Building Permit. Building Permit Applications for structures on approved private
ways must include an affidavit, recorded at the Registry of Deeds, that the owner of the property is
responsible for the maintenance of the Private Way as approved.
Change the definition of frontage to read:
Frontage: That side of a lot abutting on an existing public way, approved private way, or street; the front lot
line.
Change the following articles to include approved private way or street as set out below.
ARTICLE V. ACCESS, DENSITY, AND DIMENSIONAL REGULATIONS, Section A. Lot Area, Frontage
and Size, 2. Each lot for a principal building containing one dwelling unit or two attached dwelling units
must have a minimum of three (3) acres and 200 feet or frontage on an existing public way, approved private
way, street, or an approved subdivision road.
3. Each lot for a multi-unit dwelling greater than 2 units will require a minimum of four (4) acres and
200 feet frontage and must obtain a Special Permit from the SPGA.
ARTICLE VI. SPECIAL PERMITS, USE REGULATIONS AND SITE PLAN REVIEW, Section J.
Secondary Dwellings, i) Access to the secondary dwelling from the public way, approved private way, or
street shall be through exiting access (driveway) for the primary dwelling.
ARTICLE VII. PARKING AND LOADING REQUIREMENTS, Section B. Parking Areas; The following
shall apply; 1. Their use shall not require backing onto a public way, approved private way, or street.
Section C. Loading Requirement, Adequate off-street loading facilities and space must be provided to
service all needs created by new construction, whether through new structures or additions to old ones, and
by change of use of existing structures. Facilities shall be so sized and arranged that no vehicles need back
onto or off a public way, approved private way, or street, or be parked on a public way, approved private way,
or street, or be parked on a public way, approved private way, or street while loading, unloading, or waiting
to do so.
ARTICLE IX. BACK LOT DEVELOPMENT, Section A. Purpose 2. To achieve those objectives, back lot
development may be allowed on parcels with frontage on a public way, approved private way, or street. The
decision to allow such development shall be made by the Building Inspector following a Planning Board
review and report of a Back Lot Site Plan as described below.
Section B. Development Standards, 2. Access frontage of at least 50 feet on an existing public way,
approved private way, or street.
5. Access shall be according to the following standards: b) An access drive may serve at most two (2) back
lots in which case the distance to the next access drive to another back lot shall be 400 feet along a public
way, approved private way, or street, or a private way approved under the Subdivision Control Law.
ARTICLE X. CONSERVATION DEVELOPMENT, Section F. Conservation Development Site Plan
Requirements, 1. C. ii. creates roadway layouts and common driveways to minimize curb cuts and visual
intrusions on public ways, approved private ways, or streets by providing access to new homes and structures
from internal ways and common drives and not from existing public roads to the extent practical. In a
Conservation Development the Planning Board is authorized to waive zoning limits on the length of a
common driveway and the number of homes using a common driveway if it finds that a longer common
driveway is consistent with its conservation finding and the common driveway is built to additional design
standards and has institutional controls to accommodate the extra length and/or traffic.
ARTICLE XIII. WIRELESS COMMUNICATIONS FACILITIES, Section J. Application Requirements, 3.
For new Tower construction, or Major Modification of an Existing Tower,
a Tower Construction, Special Permit is required, c) The following plans and maps: ii. Vicinity Map: At a
scale of 1” = 200’ (1:2400) with contour intervals no greater than 10 feet (3 meter) showing the entire
vicinity within a 2000’ radius of the Tower site, and including the topography, public and private roads and
driveways, buildings and structures, bodies of water, wetlands, landscape features, historic sites, habitats for
endangered species. Indicate the
property lines of the proposed Tower Site Parcel and all abutters within 300’ of the Tower Site Parcel, (from
Assessors maps or available surveys). Include the names of all abutters within 300’ of the Tower Site Parcel.
Indicate any access easement or right of way needed for access from a public way, approved private way, or
street to the Tower, and the names of all abutters or property owners along the access easement or who have
deeded rights to the easement.
e) Sight Lines: ii. A plan map of a circle of two (2) miles radius of the Facility Site on which any
visibility of the proposed Tower from a public way, approved private way, or street shall be indicated.
ARTICLE 31: To transact any other legal business that may come before said meeting, or take any action
thereon.
And you are directed to serve this Warrant by posting up attested copy thereof at the Wendell Town Office
Building, 7 days at least prior to the time of holding said meeting.
Hereof fail not, and make due return of this Warrant with your doings thereon, to the Town Clerk, at the time
and place of meeting, as aforesaid.
Given under our hands this 31
st
day of May in the year of our Lord two thousand and sixteen
_________________________________ { SELECTBOARD
_________________________________ { OF
_________________________________ { WENDELL
A true copy. Attest: ________________________________________, Constable