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Home Page 1997 Fall Town Meeting Warrant
Date: October 7, 1997
Location: Town of Billerica, Massachusetts

 


Warrant for 1997 Fall Town Meeting

Middlesex, ss.

To Any Constable in the Town of Billerica

Greetings:

You are hereby authorized and required to notify and warn the inhabitants of said Town of Billerica qualified by law to vote in Elections and Town Affairs, to meet at the Maurice A. Buck Memorial Auditorium, Town Hall, 365 Boston Road, Billerica, Ma., Tuesday, October 7, 1997, at 7:30 p.m. and subsequent Thursdays and Tuesdays until all of the business in the Warrant shall have been acted upon, then and there to vote on the following articles:

ARTICLE 1

To hear and act upon reports of Tows Officers and Committees heretofore appointed: or act in relation thereto.

Submitted by the Town Manager under the authority of the Board of Selectmen

Yes - Would hear reports, No - Would not hear reports

ARTICLE 2

To see ii the Town will vote to appoint one (I ) member to the Bowers Fund for a (5) year term; or act in relation thereto.

Submitted by the Town Manager under the authority of the Board of Selectmen

Yes - Would appoint one member to the Bowers Fund, No - Would not appoint a member.

ARTICLE 3

To see if the Town will vote to amend the budget adopted in Spring session of the Town Meeting which was prepared pursuant to Article 5 of the Billerica Home Rule Charter and represents the line item budget for fiscal 1997/98 (FY 98); or act in relation thereto.

Submitted by the Town Manager under the authority of the Board of Selectmen

Yes - Would amend the Budget. No - Would not amend the Budget

ARTICLE 4

To see if the Town will transfer the sum of $2,000 from Account 412210-5100 Selectmen's Salary Account to Account #42220-5400 Highway Department Supplies and Expenses; or act in relation thereto.

Submitted by the Town Manager under the authority of the Board of Selectmen

Yes - Would transfer money from Selectmen Salary Account to Highway Dept. Supplies, No - Would not transfer money

ARTICLE 5

To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $2O,OOO to fund the Collective Bargaining Agreement between the Town of Billerica and the Billerica Professional Administrators Association; or act in relation thereto.

Submitted by the Town Manager authorized by the Board of Selectmen.

Yes - Would fund contract for Billerica Professional Administrators Association, No - Would not fund contract

ARTICLE 6

To see if the Tows will vote to raise and appropriate or transfer from available funds the sum of $7S,000 to fund the Collective Bargaining Agreement between the Town of Billerica and the Billerica Municipal Employees Association (B.M.E.A.); or act in relation thereto.

Submitted by the Town Manager authorized by the Board of Selectmen

Yes - Would fund contract for Billerica Municipal Employees, No - Would not fund contract.

ARTICLE 7

To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $100,000 to fund the Collective Bargaining Agreement between the Town of Billerica and the International Association of Firefighters (I.A.F.F.); or act in relation thereto.

Submitted by the Town Manager under the authority of the Board of Selectmen

Yes - Would fund contract for Billerica International Association of Firefighters, No - Would not fund contract.

ARTICLE 8

To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $5,000 to pay previous year's bills; or act in relation thereto.

Submitted by the Town Manager under the authority of the Board of Selectmen

Yes - Would authorize paying previous year's bills, No - Would not authorize paying bills.

ARTICLE 9

To see if the Town will vote to raise and appropriate or transfer the sum of $500,000 to be placed in Account No. 81524-4400, Town Stabilization Account; or act in relation thereto.

Submitted by the Town Manager under the authority of the Board of Selectmen

Yes - Would authorize placing money in the Town Stabilization Account, 1?? - Would not authorize placing money in account.

ARTICLE 10

To see if the Town will vote to raise and appropriate or transfer the sum of $40,000 to be added to Account No. 49110-5110 Cemetery Department full time salaries; or act in relation thereto.

Submitted by the Town Manager/Cemetery Commission

Yes - Would authorize funding the full time salaries account, No - Would not authorize funding.

ARTICLE 11

To see if the Town will vote to authorize the Board of Selectmen in consultation with the Town Manager to acquire a parcel of land by gift, purchase or eminent domain more fully described on Assessor's Plan as Map 17, Parcel 43-1 and Map 23 Parcel 34-4 for the purposes of relocating the current D.P.W. Garage facilities and furthermore, to raise and appropriate, borrow or transfer from available funds the sum of $500,000 to complete this purchase and to do or act in any other manner in relation thereto.

Submitted by the Town Manager authorized by the Board of Selectmen

Yes - Would authorize acquiring land for relocating D.P.W. Garage, No - Would not authorize acquiring land.

ARTICLE 12

To see if the Town will vote to transfer from free cash the sum of $ 100,000 to fund the Police Department Revolving Account for grant matching funds; or act in relation thereto.

Submitted by the Town Manager authorized by the Board of Selectmen

Yes - Would transfer free cash to fund Police Department Revolving Account, No - Would not transfer cash

ARTICLE 13

To see if the Town will vote to raise and appropriate, transfer from available funds or borrow the sum of $25,000,000 for the engineering and design for construction of a new potable Water Treatment Plant for the Town of Billerica as well as the replacement and rehabilitation of the existing Water Treatment Facility and all other related costs incidental to this project and furthermore that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $25,000,000 under M.G.L. Chapter 44, Section 8 and that the Board of Selectmen are further authorized to contract for and expend any federal or state aid available for the project; and that the Board of Selectmen is authorized to take any other action necessary to carry out this project; or act in relation thereto.

Submitted by the Town Manager authorized by the Board of Selectmen

Yes - Would fund engineering and design for new Water Treatment Plant, No - Would not fund engineering and design.

ARTICLE 14

To see if the Town will vote to transfer from available funds in the Sewer Facilities Expansion Fund previously established for the Sewer Treatment Plant expansion, the sum of $175,000 for the purpose of the design and purchase of trommel screening equipment in the existing plant. The purpose of this equipment and/or modifications to the plant is to more effectively process sludge and compost residual materials. This expenditure may be reduced by any funds received as grants or reimbursements from any state or federal agency under the provisions of Ma. General Laws; or act in relation thereto.

Submitted by the Town Manager authorized by the Board of Selectmen

Yes - Would transfer funds for the Sewer Plant expansion, No - Would not transfer funds.

ARTICLE 15

To see if the Town will vote to transfer from available funds in the Sewer Facilities Expansion Fund previously established for sewer inflow and infiltration reduction. the sum of $250,000, for the purpose of engineering studies and construction of repairs to the sewer collection system. The purpose of these repairs is to reduce the levels of inflow and/or infiltration to the collection system. This expenditure may be reduced by any funds received as grants or reimbursements from any state or federal agency under the provisions of Ma. General Laws; or act in relation thereto.

Submitted by the Town Manager authorized by the Board of Selectmen

Yes - Would transfer funds for sewer inflow and infiltration reduction at the Sewer Plant, No - Would not transfer funds

ARTICLE 16

To see if the Town will vote to raise and appropriate or transfer from available funds, a sum not to exceed $120,000 for the design and construction of one (I ) competition grade senior league baseball field at the Marshall Middle School and one ( I ) competition grade girls. softball field at the Billerica Memorial High School; or act in relation thereto.

Submitted by Edward J. Hurd, Selectmen and the Senior Baseball and Softball Field Committee

Yes - Would authorize expenditures for two baseball field, No - Would not authorize expenditure.

ARTICLE 17

To see if the Town will vote to raise and appropriate or transfer from available funds the amount of ten thousand (10,000) dollars into account number 24130-5220 for the purpose of demolishing Town owned property that has been condemned by appropriate officials of the Town.

Submitted by Ruthanne Bossi, Inspector of Buildings/John Morris, Board of Health Director

Yes - Would establish funds for demolition of Town owned condemned property, No - Would not establish a fund.

ARTICLE 18

To see if the Town will vote to approve a Certified Project Application

Submitted by Welch's Cooperative, 749 Middlesex Turnpike, for a facility located within the Middlesex Turnpike North Economic Opportunity Area (EOA) in Billerica, Ma. and more specifically described on Assessors Map 96, Parcel 157 (Revised 1/16/96). Said approval will provide local and state tax relief to promote economic development in accordance with G.L. c23A, ss 3A-3H. In addition, the Project Certification confirms:

A) The project, as proposed, is consistent with and can reasonably be expected to benefit significantly from inclusion as a Certified Project.

B) The project, as described in the Project Certification Application. will increase employment opportunities for the residents of Billerica by allowing for continued growth and expansion of facilities in the Economic Opportunity Area.

C) The Town requests that this project be designated as a Certified Project for a term of not less than five (5) years or more than twenty (20) years duration; or act in relation thereto.

Submitted by the Town Manager authorized by the Board of Selectmen

Yes - Would approve Welch's Cooperative as a Certified Project, No - Would not approve Certified Project.

ARTICLE 19

To see if the Town will vote to approve a Certified Project Application submitted by C. A. Realty Corporation (Curriculum Associates) 153 Rangeway Road, for a facility located within the Treble Cove Road Economic Opportunity Area (EOA) in Billerica, Ma. and more specifically described on Assessors Map 29-14-2 (Revised 1/16/96). Said approval will provide local and state tax relief to promote economic development in accordance with G.L. c23A, ss 3A-3H. In addition, the Project Certification confirms:

A) The project, as proposed, is consistent with and can reasonably be expected to benefit significantly from inclusion as a Certified Project.

B) The project, as described in the Project Certification Application, will increase employment opportunities for the residents of Billerica by allowing for continued growth and expansion of facilities in the Economic Opportunity Area.

C) The Town requests that this project be designated as a Certified Project for a term of not less than five (5) years or more than twenty (20) years duration; or act in relation thereto.

Submitted by the Town Manager authorized by the Board of Selectmen

Yes - Would approve C. A. Realty Corp. (Curriculum Associates) as a Certified Project, No - Would not approve Certified Project.

ARTICLE 20

To see if the Dowry will vote to approve a Certified Project Application submitted by Bruce Technologies International (B.T.I.) 25 Esquire Road, for a facility located within the Treble Cove Road Economic Opportunity Area (EOA) in Billerica, Ma. and more specifically described on Assessors Map Parcel ID 39-33 (Revised l/16/96). Said approval will provide local and state tax relief to promote economic development in accordance with G.L. c23A, ss 3A-3H. In addition, the Project Certification confirms:

A) The project, as proposed, is consistent with and can reasonably be expected to benefit significantly from inclusion as a Certified Project.

B) The project, as described in the Project Certification Application, will increase employment opportunities for the residents of Billerica by allowing for continued growth and expansion of facilities in the Economic Opportunity Area.

C) The Town requests that this project be designated as a Certified Project for a term of not less than five (5) years or more than twenty (20) years duration; or act in relation thereto.

Submitted by the Town Manager authorized by the Board of Selectmen

Yes - Would approve Bruce Technologies International (B.T.I.) as a Certified Project, No - Would not approve Certified Project.

ARTICLE 21

To see if the Town will vote to establish a Revolving Fund, under the provisions of General Laws, Chapter 44, Section 53E 1/2, for those revenues received from Medicaid and Health Insurance Companies for children enrolled in the BEAM Program; or act in relation thereto.

Submitted by the Billerica School Committee

Yes - Would establish Revolving Fund for Beam Program, No - Would not establish fund.

ARTICLE 22

To see if the Town will vote to raise and appropriate or transfer from available funds. not to exceed $410,000 to fund the Collective Bargaining Agreement between the Town of Billerica School Committee and the Billerica Federation of Teachers Local 1677, MET.. AFT. AFL-CIO; or act in relation thereto.

Submitted by the Billerica School Committee

Yes - Would Fund Teacher s Contract, No - Would not fund contract

ARTICLE 23

To see if the Town will vote to raise and appropriate or transfer from available funds. not to exceed $28,000, to fund the Collective Bargaining Agreement between the Town of Billerica School Committee and the American Federation of State, County, and Municipal Employees, AFL-CIO, Council 93, Local 2747, Custodian Employees: or act in relation thereto.

Submitted by the Billerica School Committee

Yes - Would fund Agreement with Custodial Employees, No - Would not fund agreement.

ARTICLE 24

To see if the Town will vote to raise and appropriate or transfer from available funds. not to exceed $10,000, to fund the Collective Bargaining Agreement between the Town of Billerica School Committee and the Billerica Federation of Teachers. Local 1677. American Federation of Teachers, Local 1677, American Federation of Teachers AFL-CIO Paraprofessionals; or act in relation thereto.

Submitted by the Billerica School Committee

Yes- Would fund contract with Paraprofessionals, No - Would not fund contract

ARTICLE 25

To see if the Town will vote to raise and appropriate or transfer from available funds, not to exceed $17.000 to fund the Collective Bargaining Agreement between the Town of Billerica School Committee and the American Federation of State. County, and Municipal Employees, AFL-CIO, Council 93, Local 2747, Clerical Employees; or act in relation thereto.

Submitted by the Billerica School Committee

Yes - Would fund contract for Clerical Employees, No - Would not fund contract

ARTICLE 26

To see if the Town w ill vote to raise and appropriate or transfer from available funds. not to exceed $28,000 to fund the Collective Bargaining Agreement between the Town of Billerica School Committee and the Billerica Administrator's Group affiliated with the Massachusetts Association of Professional School Administrators: or act in relation thereto.

Submitted by the Billerica School Committee

Yes - Would fund contract for Billerica School Administrators, No - Would not fund contract.

ARTICLE 27

To see if the Town will vote to raise and appropriate or transfer from available funds, not to exceed $28,000 for Billerica School Budget for wage adjustments for non-union personnel: or act in relation thereto.

Submitted by the Billerica School Committee

Yes - Would fund wage adjustments for non-union personnel, No - Would not fund wage adjustments.

ARTICLE 28

To see if the Town will vote to raise and appropriate or transfer from available funds. borrow 19 million dollars for the purpose of acquiring a parcel of land as the site for the new Ditson Elementary School, and for site preparation, design, construction. equipment and furnishing of such school, and to authorize the Treasurer, the with approval of the Board of Selectmen, to issue any bonds or notes that may be necessary for such purpose as authorized by the General Laws, Chapter 44, Paragraph 7 (3), or any other general or special law, provided, however, that this appropriation and debt authorization shall be contingent upon the passage of a Proposition 2 1/2 debt exclusion referendum under General Laws Chapter 59, paragraph 21C (k); or act in relation thereto.

Submitted by the Ditson School Building Committee

Yes - Would authorize borrowing $19,000,000 for parcel of land for Ditson School, No - Would not authorize borrowing money.

ARTICLE 29

To see if the Town will vote to raise and appropriate or transfer from available funds or borrow $19,000,000 (nineteen million dollars) for the purpose of acquiring a parcel of land as the site for the new Ditson Elementary School, and for site preparation, design. contraction, equipment and furnishing of such school and to authorize the treasurer. with the approval of the Board of Selectmen, to issue any bonds or notes that may be necessary for such purpose as authorized by the General Laws, Chapter 44, paragraph 7 (3). or any other general or special law; or act in relation thereto.

Submitted by the Ditson School Building Committee

ARTICLE 30

To see if the Town will vote to discontinue a portion of Hampstead Avenue and abandon any interest the Town may have in such street, and authorize the Board of Selectmen to take any actions necessary to carry out this article".; or act in relation thereto.

Submitted by Selectmen Arthur L. Doyle

Yes - Would discontinue a portion of Hampstead Avenue, No - Would not discontinue

ARTICLE 31

To see if the Town will vote to discontinue that portion of Hattie Lane, resulting from the extension of the roadway through the old cul-de-sac, creating a semicircular area of land no longer used, as shown on the attached plan and so as to leave a minimum 50 foot wide right of way and abandon any interest the Town may have in such street and authorize the Board of Selectmen to take any action necessary to carry out this article."; or act in relation thereto.

Submitted by the Billerica Planning Board

Yes - Would discontinue a portion of Hattie Lane, No - Would not discontinue

ARTICLE 32

To see if the Town will vote to disband the Town Forest Committee and designate the Conservation Commission to manage and care for the Town Forest; or act in relation thereto.

Submitted by the Billerica Conservation Commission

Yes - Would disband the Town Forest Committee, No - Would not disband Committee

ARTICLE 33

To see if the Town will vote to transfer the jurisdiction of the Town Forest properties to the Billerica Conservation Commission; or act in relation thereto.

Submitted by the Billerica Conservation Commission

Yes - Would transfer jurisdiction of the Town Forest to Conservation, No - Would not transfer jurisdiction

ARTICLE 34

To see if the Town will vote to petition the General Court for authorization to refund the property tax payments paid by Billerica Little League in fiscal year 1996 and fiscal year 1997; or act in relation thereto.

Submitted by William Greene, Petitioner and Messrs. Griffin, Boutwell, DeLosh, Norman, Nestor, Cotreau, Marchant, Price and Trant

Yes - Would authorize refund of property tax payments to Little League, No - Would not authorize refund of property tax payments.

ARTICLE 35

To see if the Town will vote to amend Article IV of the By-Laws of the Town by adding Section 7 as follows:

7. REPAIR/IMPROVEMENT OF UNACCEPTED WAYS

7.1 Upon the petition of at least seventy-five percent of the owners abutting an unaccepted street, with each ownership entity to count as one petitioner, the Board of Selectmen may, if the Board determines that public necessity requires the repair or reconstruction of said street, expend funds appropriated for the repair or reconstruction of such streets including drainage improvements, if needed, provided the following requirements are met:

7.2 Such streets must be repaired or reconstructed to standards acceptable by the Department of Public Works.

7.3 A betterment assessment must be assessed for one hundred percent (100%) of the total cost to the Town of the project.

7.4 Prior to any expenditure by the Town on construction, the owners of all land abutting on the way shall: (i) release the town from all liability in connection with the project; (ii) agree to indemnify and hold harmless the Town from all claims of injury or damage by third parties; and (iii) grant to the Town and its agents, contractors and employees a license to enter the street to perform the project.

7.5 The street must have been open to the public for a least 20 years and after construction of the project, the street shall remain open to public use for at least 20 years.

7.6 Assessments shall be made either by a uniform unit method, with each unit equal to an existing or potential lot fronting on the street, or on the basis of lineal frontage of each lot on the street, choice of method to be made by the Board of Selectmen.

7.7 A corner or "through" a lot having both adequate frontage and access on another street shall not be assessed unless such lot has sufficient area and frontage on the street to be improved, that an additional lot or lots fronting on such street could be created; or take any action relative thereto.

Submitted by the Town Manager authorized by the Board of Selectmen

Yes - Would amend the By-Laws on unaccepted street betterments, No - Would not change by-law.

ARTICLE 36

To see if the Town will vote to amend the Zoning By-Law by making the following changes and additions:

Add a new section 5.7.2.CC to read:

CC.Wireless Communication Facility SP SP SP SP SP SP SP SP

Add a new section 5.7.3.CC to read:

CC. Wireless Communication Facility (See Section 5. ] 7)

Add a new- section 5.17 to read:

5.17 WIRELESS COMMUNICATION FACILITIES

5.17.A. Purpose: The purpose of these regulations is to minimize the adverse impacts from the provision of wireless communication services to adjacent areas and residential neighborhoods by minimizing the number and height of associated facilities to only what is necessary and by promoting the sharing of existing or new facilities.

5.17.B. Definitions:

5.17.B.1"Wireless Communication Facility ', WCF, shall mean wireless communication monopoles with antennas, antennas attached to existing structures and associated accessory structures, if any, which facilitate the provision of wireless communication services.

5.17.B.2"Wireless Communication Services", WCS, shall mean the provision of the following types of services: cellular telephone service, personal communications and enhanced specialized mobile radio service.

5.17.C. General Requirements:

5.17.C.1. WCF's shall be allowed in all zones by special permit except that only antennas attached to existing nonresidential structures shall be allowed in residential districts. The special permit granting authority for this section shall be the Zoning Board of Appeals. Besides the objectives set out under Section 17.2 of these bylaws any such proposal shall meet the approval criteria set out under this section.

5.17.C.2. Only free standing monopoles, with associated antennas and or panels are allowed as specified in the definition. Lattice style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed.

5.17.C.3. All structures shall be removed within 2 years of cessation of use at the owner's expense.

5.17.C.4. Any proposed extension in the height, addition of cells, antenna or panels, or construction of a new or replacement of an existing facility shall be subject to a new application for a Special Permit.

5.17.D. Application Process: The applicant shall follow the application process set forth under section 1 7.2.A of these by-laws and shall submit complete documentation so as to demonstrate compliance with this section.

5.17.E. Approval Criteria:

5.17.E.1. Regardless of the yard setbacks established in the applicable district, monopoles shall be setback from all property lines at least the height of the monopole structure as measured from the base of said structure. There shall be no exception from this provision.

5.17.E.2. No monopole including the antenna attached thereto shall exceed 85 feet in height. This provision supersedes any conflicting height limits found elsewhere in this by-law.

5.17.E.3. Antennas or panels which are located on non residential structures shall be mounted so as to be less than 15 feet in height above the roof-line of the structure.

5.17.E.4. All monopoles and associated antennas and appurtenances shall be painted or treated so as to blend in with the landscape and/or the structure on which they are located.

5.17.E.5. All WCF's shall be sited so as to minimize visibility from abutting streets and nearby buildings and to limit the need to remove existing vegetation.

5.17.E.6. WCF's shall be designed to accommodate as many users as is feasible so as to reduce the number of facilities which will be needed in the surrounding service area.

5.17.F. Exemptions: The following types of wireless communication facilities are exempt from the provisions of this section of the by-law.

5.17.E.F.l. Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the FCC provided that the tower is not licensed for any commercial purposes.

5.17.F.2. Facilities used for the purposes set forth in MGL c40A, Section 3; or act in relation thereto.

Submitted by Ellen Day Rawlings, Board of Selectmen

Yes - Would adopt by-law to regulate wireless communication, No - Would not adopt by-law.

ARTICLE 37

To see if the Town will vote to accept the provisions of Chapter 140, Section 1 47A as amended by Chapter 308 of the Acts of 1985. Said provision to become effective as the 1998 Dog Licensing period (Acceptance of this Statute will allow the withdrawal from the County Dog System).

Submitted by the Board of Selectmen

Yes - Would accept the provision of Chapter 140, Section 147A, No - Would not accept this statute.

ARTICLE 38

To see if the Town will vote to amend Article VII "Animals" of the General By-Laws as follows:

1. Change the title of sub-section 2 to read '`2 Regulation of Dogs".

2. Amend Section 2.1 by adding a new sub-section G to read as follows:

2.1. (G) License period: The license period shall be from January 1 of each year to December 31 of the same year. And further to amend Section 2 by deleting Section 2.1 1 and 2.12 and replacing with new sub-section 2.11 through 2.19 to read as follows:

DOG LAW

2. Regulation of Dogs

2.1 Definition of Terms:

2.1.A. Animal Shelter: Any premises designated by Town Administrative authority for the purpose of impounding and caring for animals held under the authority of this By-Law.

2.1.B. Canine Control Officer: Any person or persons appointed by the Town Manager with the approval of the Board of Selectmen, as the Dog Of ricer or Of ricers under the provisions of Chapter l 40, Sections 15 l and 151 A of the General Laws to carry out the provisions of this By-Law. In the absence or vacancy in the office or unavailability of the Canine Control Officer, The Town's Inspector of Animals or his deputy shall perform the duties of the Canine Control Of ricer (s).

2.1.C. Dog: All animals of canine species, both male and female.

2.1.D. Owner and/or Keeper: Any person or persons, firm, association or corporation owning, keeping or harboring a dog as defined herein.

2.1.E. Restraint: A dog shall be deemed to be under restraint if accompanied by a competent and responsible person who shall have the dog under control by holding it firmly on a leash no greater then six (6) feet in length. Amended: AFTM 1014/83, Art. 32; Eff. 12/30/83

2.1.F. Veterinary Hospital: An establishment maintained and operated by a license veterinarian for the boarding of animals or the diagnosis and treatment of diseases and injuries of animals.

2.2 Restraint of Dogs- No person shall own, keep or harbor in the Town of Billerica, outside the confines of the owner's property (meaning owned, rented or leased), any dog which is not held firmly on a leash, no longer than six (6) feet, by a person who shall have control of such a dog. All persons keeping, owning or having possession, charge, custody of any dog shall confine such dog on their own premises by means of a leash, tether, run or enclosure. Amended; AFTM 1014183, Art. 32; Eff. 12/30/83

2.3 Unrestrained Dogs- Unrestrained dogs will be taken by the Canine Control Officer and impounded in an animal shelter, and there confined in a humane manner. A Police Officer at his or her discretion may impound the dog. If by an identification tag or by other means the owner can be identified, the Canine Control Officer shall immediately upon impoundment notify the owner of impoundment of the animal.

2.4 Reclaiming Impounded Dogs- An owner reclaiming an impounded dog shall pay an administrative fee of $15.00 plus $4.00 boarding charge for each day the dog has been impounded, to a total maximum payment of $35.00.

2.5 Female Dogs- Every female dog in heat shall be confined in a building or secured enclosure in such a manner that such female dog cannot come into contact with another animal except for planned breeding. The Canine Control Officer shall have the power to enforce a regulation to eliminate what he may deem to be a nuisance.

2.6 Nuisances- No owner shall fail to exercise proper care and control of his or her dog to prevent said dog from becoming a public nuisance. Excessive or untimely barking, molesting passersby, chasing vehicles, habitually attacking people or other domestic animals trespassing upon private property in such manner as to damage property shall be deemed a nuisance.

2.7 Quarantining of Dog that Bites

2.8

2.9 Any dog which bites a person shall be quarantined for ten days if ordered by the Inspector of Animals. During quarantine, the dog shall be securely confined and kept from contact with any other animal by confinement indoors. At the discretion of the Inspector of Animals, the quarantine may be on the premises of the owner. the Inspector of Animals requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall. at his own expense, place it in a veterinary hospital. Animals Suspected of Being Rabid No Police Officer or other person shall kill, or cause to be killed, any animal suspected of being rabid, except after the animal has been placed in quarantine and the diagnosis of rabies made by a licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely killed and the head of such animal sent to a laboratory for pathological examination and confirmation of diagnosis. Any Canine Control Officer shall have police powers in the enforcement of this by-law and no person shall interfere with, hinder, molest or abuse any Canine Control Officer in the exercise of such powers.

2.10 Vaccination- Every owner and keeper of a dog more than six months old shall cause said dog to be vaccinated or re-vaccinated by a licensed veterinarian with anti-rabies vaccination, prior to the date of application for a dog license for said dog. Application for each annual dog license shall be accompanied by written proof of vaccination of the dog against rabies, and if applicable, a spaying or neutering certificate for dog being licensed for the first time.

2.ll Licensing

2.11.A. The owner or keeper of a licensed dog shall cause it to wear around its neck or body a collar or harness of leather or other suitable material, to which shall be securely attached a tag in a form prescribed by and issued by the Town Clerk when a license is issued. Such tag shall state the following: (a) Town of Billerica, (b) Year of issue, and (c) tag number. if any such tag is lost, the owner or keeper of such dog shall forthwith secure a substitute tag from the Town Clerk at a cost of one dollar. This section shall not apply where it is otherwise provided by law, nor shall it apply to a person having a kennel license.

2.11.B. Kennel License

2.11.B.1.

2.11.B.2.

2.11.B.3.

2.11.B.4. Any person maintaining a kennel shall have a kennel license. Any person who meets the requirements of the Billerica Zoning By-laws. and M.G.L. Chapter 140, Section 137A, may obtain a Kennel License from the Town Clerk on a form prescribed and supplied by the Town Clerk and for a fee as set out in Section 2.1 1.C of this By-law. The Chief of Police or Canine Control Officer may at any reasonable time inspect or cause to be inspected any kennel and if, in their or his judgment, the same is not being maintained in a sanitary and humane manner' or if record are not properly kept as required by law, shall file with the Selectmen a petition setting forth the facts, and the Selectmen shall upon petition or upon a petition of twenty-five citizens, setting forth that they are aggrieved, or annoyed to an unreasonable extent, by one or more dogs at a kennel maintained in Town, because of excessive barking or vicious disposition of said dogs or other conditions connected with such kennel constituting a public nuisance, said Selectmen, within seven days after the filing of such petition, shall give notice to all parties in interest of a Public Hearing to be held within fourteen days after the date of such notice. Within seven days after such Public Hearing said Selectmen shall make and order either revoking or suspending such kennel license or otherwise regulating said kennel, or dismissing said petition. Within ten days after such order the holder of such license may bring a petition in the District Court as outlined in M.G.L. Chapter 140, Section 137C. Any person maintaining a kennel after the license therefore has been so revolted. Or while such license is so suspended, shall be punished as set forth in section 2.12. The provisions of M.G.L. Chapter 140, Section 137D shall be expressly incorporated herewith and shall henceforth apply under this By-law.

2.11.C. License Fees- The fee for every dog licensed shall be as follows:

2.11.C. Six Dollars ($6.00) for every neutered male dog

2.11.C. Six Dollars ($6.00) for every spayed female dog

2.11.C. Ten Dollars ($10.00) for every male and female dog

2.11.C. The fee for every kennel license shall be as follows:

2.11.C. Twenty Dollars ($20.00) for 4 dogs or less

2.11.C. Forty Dollars ($40.00) for every kennel license for over 4 but not over 10 dogs.

2.11.C. Seventy Five Dollars ($75.00) for every kennel license for over 10 dogs.

2.11.C. Period for purchasing a dog license shall be January 1st to March 10th After that date, a late penalty charge of Ten Dollars ($ 10.00) shall be added to the license fee.

2.12. Canine Control Officer- The Town Manager shall appoint a Canine Control Officer and as many Asst. Canine Control Officers as he/she determines necessary to enforce this By-Law and perform such other duties as the Selectmen may determine. The Selectmen shall determine hours and conditions of work for the Canine Control Compensation for persons appointed under this By-Law shall be consistent with other By-Laws dealing with salaries of appointed officials. The provisions of M.G.L. Chapter 140, Section 151 and 151A regarding killing and/or transfer of any dog(s) shall apply and are expressly incorporated in this by-law. No Canine Control Officer shall be a licensed animal dealer registered with the United States Department of Agriculture and no Canine Control Officer, either privately or in the course of carrying out his official assignments as an agent for this Tows, or shall any other agent of the Town, give, sell or turn over any animal which may come into his custody to any business or institute licensed or registered as a research facility or animal dealer with the United States Department of Agriculture. Whoever violates the provisions of this paragraph shall be punished as provided in Section 151.

2.13. Emergency Treatment- Any veterinarian registered under the provisions of section fifty-five or fifty six A of chapter one hundred and twelve of M.G.L. who provides emergency treatment of a dog or cat that is injured on any public way in Billerica shall receive in lieu of payment from the County Dog Fund as allowed M.G.L. Section 151B, payment from the Dog fund provided under this By-law. All other provisions of M.G.L., 140 Section 151B shall be incorporated herein under this By-Law.

2.14. Damage Caused by Dogs- Whoever suffers loss in a manner described in M.G.L. 140, Section 161 shall inform the Canine Control Officer of such loss, who shall investigate the circumstances of said loss. In the event it is found that the damage was caused by a dog and the estimate of damages by the Canine Control Officer is less than $50, he shall submit a report to the Board of Selectmen. If the estimate is over $50, he shall have the damage appraised on oath. by three persons, one person appointed by the Canine Control Officer one appointed by the person alleged to be damaged. and one appointed by the other two. Said appraisers shall act as outlined in M.G.L. C. 140, Section 161 and turn in said appraisal to the Board of Selectmen who may authorize payment, or make such independent investigation as they think proper and shall issue an order upon the Town Treasurer for any amount as they decide to be just and shall notify all interested parties of their decision. The appraisers shall receive payment from the Town in a manner as is authorized in M.G.L. Chapter 140, Section 161,. All funds expended under this section shall come from the Dog Fund.

2.14.A. The Selectmen may appoint a temporary investigator in any case that the Board believes in its reasonable discretion requires further investigation, and if said investigator believes that the evidence is sufficient to sustain an action against the owner or keeper of the dog, he shall recommend to the Board of Selectmen that said action be brought, unless the owner or keeper before action brought pays him such amount in settlement of the damages as he deems reasonable. After the recommendation of the investigator, the Selectmen may order that action shall be brought in his own name or in the name of the Town of Billerica or both as the Selectmen determine.

2.14.B. If the Selectmen determine, ???? notice to parties interested and a Hearing. who is the owner or keeper of any dog which is found to have worried, maimed or killed any livestock or fowl, thereby causing damages for which their owner may become entitled to compensation from the Dog Fund under this By-law. they shall serve upon the owner or keeper of such dog a notice directing him within twenty four hours to kill such dog or thereafter keep it on his premises or under the immediate restraint and control of some person, shall be punished as provided in M.G.L. Chapter 140, Section 164, and any Police Officer, Constable or Dog Officer may kill such dog if it is found outside of the enclosure of its owner or keeper and not under his immediate care.

2.14.C. The Board of Selectmen, or their agents thereto authorized in writing, may, after written notice to the owner or keeper, enter upon the premises of the owner or keeper, of any dog known to them to have worried or killed livestock or fowl and then and there kill such dog, unless such owner or keeper whose premises are thus entered for the said purpose shall give a bond, with sufficient sureties, approved by the Board of Selectmen as set forth in Section 3.B. 1 of this By-law.

2.18.D. The Town, and the Town's agents, servants, employees and/or elected officials obligations and liability hereunder shall be limited to one hundred dollars ($ 100.00) per animal, and five hundred dollars ($500.00) per residence, per fiscal year. This shall not limit the Town's remedies and rights to seer; compensation in excess of said amount, pursuant to this By-Law. The owner or keeper of a dog which has done damage to livestock; and fowl shall be liable in tort to the Town for all damages so done in which the Town has been requested to pay as provided by General Laws Chapter 140 or by this By-law. Such action may be brought by the Board of Selectmen or by a temporary investigator as authorized in this by-law.

2.15 Dog Fund- There shall be a Dog Fund established by the Town under the provisions of Chapter 44, Section 53E of Ma. General Laws which shall be used to mace purchases necessary to administer this By-law and to pay any expenses relating to this By-Law or for any other costs that Ma. General Laws require to be paid from the County Dog Fund. Said fund shall be administered by the Town Accountant and may receive funds from usual municipal financing methods and from any fees or fines collected under this By-law. The Board of Selectmen determine a maximum amount that shall stay in said fund, with all additional funds being turned into the General Fund.

2.16 The Board of Selectmen may determine certain salaries or expenses that may not be funded with this fund but must be appropriated through the usual municipal financing procedure, and such determination shall be binding on administration of this fund by the Town Accountant. Massachusetts General Laws Incorporated Into This By-Law The provisions of the following sections of Chapter 140 of Massachusetts General Laws shall be incorporated into and apply to this By-Law; Section 145B. 149, 155? 155A, 156, 157,158,159, 160, 161A, 168, 174A, 174B and 174D.

2.17 Effective Implementation Date of This Bs -Law- This By-law shall go into effect on December 31,1997 and until said date, all areas of Ma. General Laws and Article VII of the General By-Laws of the Town of Billerica shall remain in effect.

2.18 Penalty- A violation or breach of any one of the above noted subsections shall be punishable as follows and will not be considered criminal under this article:

2.18.A. $25.00 for the first violation

2.18.B. $50.00 for the second violation

2.18.C. $50.00 for each subsequent violation or surrender of the dog.

2.18.D. Complaints will be sought in a District Court according to Chapter 140, Section 173A of the General Laws. Amended: ATM 5116186, Art.30; Eff. 8/6/86 AFTM 10/3/89, Art.36; Eff.3/1/90

2.19 If Parts of By-Law Invalid- If any part of this By-Law shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this By-Law. No provision or interpretation of a provision of this By-Law is intended to be either in conflict with, or an attempt to change. any statutory provision in Chapter 140 pertaining to dogs; Except as authorized by General Laws Chapter 140; or act in relation thereto.

Submitted by the Town Manager authorized by the Board of Selectmen

Yes - Would adopt regulations of dogs, No - Would not adopt regulation

ARTICLE 39

To see if the Town will vote to amend the General By-Laws, Article II, Section 6, subsection 6.3 Committee of Ombudsmen - by changing the term of office to read " for a term of three years each so arranged that as nearly an equal number of such terms of office as is possible shall expire each year."; or act in relation thereto

Submitted by Shirley Schult, Town Clerk

ARTICLE 40

To see if the Town will vote to establish a study committee to examine the provisions of the Sign By-laws with respect to multiple tenant shopping center signage. This committee shall be appointed by the Board of Selectmen and shall consist of nine members. One from a nominee from each of the following; Board of Appeals, Planning Board, Board of Selectmen, The Billerica Plan and The Billerica Chamber of Commerce; three at large property owners and the Inspector of Buildings; or act in relation thereto.

Submitted by the Planning Board

ARTICLE 41

To see if the town will vote to amend the General By-Laws, Article 1, Section 6, Subsection 6.1 Availability, first sentence, by adding after the words "pursuant to collective bargaining" the words "including the current pay schedule, the proposed pay schedule to include step increases and longevity," so that the sentence will now read 6.1 Availability: Copies of all contracts, in their entirety, entered into with employees of the Town pursuant to collective bargaining, including the current pay schedule, the proposed pay schedule to include step increases and longevity, shall be made available to the following persons at least seven (7) days before the Town Meeting is to vote on the question of appropriating funds to implement the said agreements; or act in relation thereto.

Submitted by Anthony Tufts, Petitioner and Messrs. Roy, Rosa. MacMillan. Bradley, Gabalis, and Madames Pearson, Roy, MacMillan and Symes

ARTICLE 42

To see if the Town will vote to rescind the action taken under Article #7 of the 1997 Spring Town Meeting which amended the General By-Law, Article 4 by adding subsection 7 which reads as follows:

General By-Laws - Underground Utilities, Streets and Sidewalks - Any person, firm, corporation, partnership, their agents and employees, who has been granted, or may be granted, any license, permission, or other authority to construct or maintain poles and overhead wires and associated overhead structures upon, along, under or across any public way or ways, is forbidden from installing or constructing and shall remove immediately any poles, overhead wires and associated overhead structures which are located on, along and across from the Center Mall to Good Street, Concord Road from River Street to Charnstaffe Lane, Cummings Street from Concord Road to Boston Road; or act in relation thereto.

Subuiiited by Michael Rosa, Petitioner and Messrs. Cangiamila and Bradbury and Madams Rosa, Ricigliano, Pearson, Rogers, DeWallace, MacMillan and Symes.

Yes - Would rescind action take regarding underground utilities, No - Would not rescind underground utilities article

ARTICLE 43

To see if the Town will vote to add to the General By-Laws Article 8 Public Utilities a new section 5 to read as follows:

5. Fire Hydrants

5. I Maintenance. All fire hydrants in the Town of Billerica will be maintained as follows on a yearly basis; exercising and immediate replacement or repair of all non functioning hydrants. lubricating all hydrants bi-yearly, removal of growth or debris from around the hydrant as necessary; or act in relation thereto.

Submitted by Michael Rosa, Petitioner and Messrs. Cangiamila, Bradburs and Madams Rosa, Ricigliano, Pearson, Rogers, DeWallace, MacMillan, and Symes.

Yes - Would change general by-laws by adding new section Fire Hydrants, No - Would not change general by-laws

ARTICLE 44

To see if the Town of Billerica will disband the Historic District Committee, established in 1973 by the Board of Selectmen in accordance with Chapter 372 Acts of 1960 and reestablished in 1988 by the Board of Selectmen in accordance with MGL 40 C Section 4 and in 1990 being known as the Billerica Historic Committee: or act in relation thereto.

Submitted by Robert Norman and Messrs Caraco, Morgan, Haviland, Doherty. Norman and Madams Norman, Margeson, Cletz and Smith.

Yes - Would disband Historic District Committee, No - Would not disband Historic District Committee

ARTICLE 45

To see if the Town of Billerica will remove the parcel of land known as 14/16 Andover Road in Billerica, Ma., Map 51, Parcel 33, from the Historic District; or act in relation thereto.

Submitted by Robert Norman, Petitioner and Messrs. Doherty, Norman, Norman, Norman, Hastings and Madames Norman, Norman, Norman and Wilson

Yes - Would remove parcel of land on Andover Road from Historic District, No - Would not remove parcel from Historic District

ARTICLE 46

To see if the Town of Billerica will add the following appeals process to Section 14 of the Historic District Committee By-Laws, that any ruling by the Historic District Committee have a 21 day appeal period, the ruling may be appealed to the Board of Selectmen or act in relation thereto.

Submitted by Robert Norman, Petitioner and Messrs. Doherty, Norman, Norman, Norman. Norman, Norman, Hastings and Madames Norman and Norman

Yes - Would add an appeals process to the Historic District Committee By-Laws, No - Would not amend the By-Law.

ARTICLE 47

To see if the Town will vote to rezone all or a portion of two parcels of land described in the deeds recorded at the MNDRD in Book 7164 Page 223 and in Book 1199 Page 232. located off of Rangeway Road, identified on the Assessor's Map (revised 1-16-96) as Plate 38 Parcel 5-1 and Plate 47 Parcel 35-1 and containing approximately 90 acres of land from Rural Residential District and to Rural Residential District with a Residential Cluster Overlay as shown on a plan on record with the Town Clerk: or act in relation thereto.

Submitted by the Town Manager under the authority of the Board of Selectmen

Yes - Would rezone two parcels of land on Rangeway Road, No - Would not rezone property

ARTICLE 48

To see if the Town will vote to amend the zoning by-laws by rezoning from Rural Residential District to an Industrial District the whole or any part of the land owned by BBB Partners Limited Partnership on Corcoran Road in said Town bounded and described as follows:

A certain parcel of land situated in the Town of Billerica, County of Middlesex Commonwealth of Massachusetts shown on a plan titled, "Plan of Land in Billerica, Massachusetts (Middlesex County), Scale: 1" =60~' August 4, 1997. owned by: BBB Partners Limited Partnership, "prepared by the BSC Group. Inc., said parcel being more particularly described as follows:

BEGINNING: at the northeasterly corner of said parcel at a point on the sideline of Corcoran Road same point being at other land now or formerly of BBB Partners Limited Partnership;

THENCE: turning and running by a curve to the left having a radius of forty and 00/100 (40.00) feet and a length of one hundred four and 99/100 (104.99) feet to a point;

THENCE: turning and running by a curve to the right having a radius of forty and 001100 (40.00) feet and a length of thirty and 68/100 (30.68) feet to a point;

THENCE: turning and running S 2041'58" E, nine and 43/100 (9.43) feet to a point. Said last three (3) described courses being by said Corcoran Road.

THENCE: turning and running by the Billerica/Burlington town line, S 21 17'20" We seventy-nine and 97/100 (79.97) feet to a point;

THENCE: turning and running S 64 14'56" W. one hundred eighty-eight and 57!100 (188.57) feet to a point;

THENCE: turning and running by a stone wall, N 2550'50" W. taco hundred sixty four and 70/100 (264.70) feet to a drill hole found;

THENCE: turning and running by a stone wall, N 8516 46" E, two hundred ninety-four and 89/100 (294.89) feet to a drill hole found:

THENCE: turning and running by a stone wall, N8545'01" E, eleven and 59/100 (11.59) feet to the point of beginning.

CONTAINING: 51,563 Square Feet, more-or-less or I .18 Acres, more-or-less; or act in relation thereto.

Submitted by Gayle Driscoll, Petitioner and Messrs Driscoll, Kindred, Allen, Murphy and Madarnes McAdoo, Jones, McNamara, Abolli and Denehy.

Yes - Would rezone land on Corcoran Road, No - Would not rezone land

ARTICLE 49

To see if the Town will vote to amend the Zoning By-Laws by rezoning from a Neighborhood Residence District to an Industrial District the whole or any part of land owned by Cabot Corporation on Concord Road in said Town bounded and described as follows:

The proposed area of rezoning is situated on the northerly side of Concord Road and is comprised of all of Town of Billerica Assessor's Lot 31 and a portion of Lot 30- l as shown on Plate 68 and 69, and being more particularly described as follows:

Beginning at a point on the northerly sideline of Concord Road, said point being the southwesterly most corner of the rezoning area described herein; thence

NORTHWESTERLY, more or less, by land of C.R. Bard, Inc. a distance of one thousand five hundred forty five (1545) feet, more or less to the southeasterly side of the Concord River; thence

NORTHEASTERLY, more or less, by the southeasterly side of the Concord River, a distance of two hundred thirty five (235) feet, more or less; thence

SOUTHEASTERLY, EASTERLY AND SOUTHEASTERLY, more or less, by Town of Billerica Assessor's Lots 60/96, 60/97 and 60/95, a distance of one thousand six hundred ten (1610) feet, more or less; thence

SOUTHERLY, more or less, by Town of Billerica Assessor's Lot 69/87, a distance of one hundred sixty (160) feet, more or less; thence

SOUTHWESTERLY, more or less, by several courses, all being three hundred (300) feet from and parallel to Concord Road, a distance of seven hundred forty (740) feet. more or less; thence

SOUTHEASTERLY, more or less, by a line fifty feet from and parallel to the easterly sideline of the former location of the Middlesex Turnpike, a distance of three hundred ten (310) feet, more or less, to the northerly sideline of Concord Road; thence

SOUTHWESTERLY, NORTHWESTERLY, AND SOUTHWESTERLY, more or less. by the northerly sideline of Concord Road, a distance of four hundred forty (440) feet, more or less, to the point of beginning.

The Proposed Rezoning Area contains 18.2 acres, more or less, and shown on plan entitled "Rezoning Plan" Concord Road, Billerica, Ma., prepared by Welch Associates Land Surveyors, Inc. and dated August 14, 1997; or act in relation thereto.

Submitted by Gayle Driscoll, Petitioner and Messrs. Driscoll, Kindred, Allen, Murphy, Eversman and Madames McAdoo, McNamara, Abelli and Denehy.

Yes - Would rezone land on Concord Road, No - Would not rezone land

ARTICLE 50

To see if the Town of Billerica will vote to enact a modified residential building program. All residential development, be it single home, condominiums, multi-dwellings, or apartments must find an alternative water supply. No additional connection will be allowed to the Billerica Municipal water supply until such time that the Town of Billerica obtains an additional water allotment from the proper authorities.

Exemptions; Only for existing single lots to protect owners of a single lot who have plans to build a home on the lot for their own occupancy.

Submitted by Richard Tracy, Petitioner and Messrs. Weston, Curley, and Madames Tracy, Weston, Jacobs, Curley, Vandersteur, Vandersteur and Sapienza

Yes - Would not allow developers to hook into the Town's Water Supply, No - Would not change the water allotment process.

ARTICLE 51

To see if the Town of Billerica will vote to enact a modified building program.

All new residential, industrial, commercial and hotel/motel construction must find an alternative source for waste water removal. No additional connections will be allowed to the Billerica Municipal Waste Water Treatment Plant until a formal water program is approved.

This program must be presented to Town Meeting for its approval by the Town Manager.

Furthermore, this program must detail how the existing Town residents, business and industry will be sewered with approximate dates, as well as how the existing Waste Water Treatment Plant's capacity will be allocated. In addition, what method of expansion (if any) will be required to satisfy new development through out the Town of Billerica.

Exemption: Only for existing single lots to protect owners of a single lot who has plans to build a home on the existing lot for their own occupancy.

Submitted by Richard Tracy, Petitioner and Messrs. Weston, Curley and Madams Tracey, Weston, Curley, Vandersteur, Vandersteur and Sapienza.

Yes - Would enact a modified building program regarding tying into sewer, No - Would not enact a modified building program.

ARTICLE 52

To see if the Town will vote to transfer from Free Cash a sum of money to be applied to the fiscal year 1997/98 tax rate.

Submitted by the Billerica Finance Committee

And you are hereby directed to serve this Warrant by posting true and attested copies thereof, one copy at the East Billerica Fire Station; one copy at the Ninety-Nine Restaurant, Lexington Road; one Copy at the Pizza Hut, Boston Road; one copy at the Nutting Lake Post Office: one Copy at the North Billerica Post Office; one Copy at Jim's Automotive/Fahey's Gulf Station, Nashua Road; one copy at Market Basket, Towne Plaza; one copy at the Center Post Office, Boston Road; one Copy at the Pinehurst Fire Station; one copy at the North Billerica Fire Station; one copy at the Town Hall, Boston Roadi and one Copy at the Billerica Public Library.

Given under our hands this 29th of September

BOARD OF SELECTMEN

[signed]

 

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