Town Meeting top page 

Special Town Meeting # 2 - December 3, 2002
Finance Committee Recommendations

 

 

 

INSERT

 

LIST OF

 

FINANCE COMMITTEE

 

MEMBERS

 

 

FINANCE COMMITTEE

TOWN OF NATICK

MASSACHUSETTS 01760

 

November 22, 2002

 

 

Town Meeting Members and Citizens of Natick:

 

 

This report contains the Natick Finance Committee recommendations made to date for the 2002 Special Town Meeting #2 Warrant Articles, in accordance with the Natick Home Rule Charter and Natick By-laws regarding Finance Committee responsibilities.  In those instances where we provide recommendations, the Finance Committee conducted a public hearing – November 21, 2002.  During that hearing, we took into account comments and data gathered from Warrant Article sponsors, town department heads, the town administration and the public at-large.  The Finance Committee is scheduled to conduct the second of two hearings, on November 26, 2002, to hear articles pertaining to proposed Natick By-law amendments.  The Finance Committee will report its recommendations pertaining to those articles at Town Meeting – December 3, 2002.

 

In consideration of those warrant articles (Article 6 through Article 12) in which we provide recommendations, the Finance Committee discussed and reviewed the disposition of revenues and other fund balances for Fiscal Year 2003.  Specifically, our discussion and review focused on the fiscal year 2002 certified Free Cash, among other things.  To that end, we feel compelled to inform Town Meeting Members and the Citizens of Natick of some of the key findings from that review. 

 

The town administration presented detailed information, which is part of the detailed narrative for Article 6 herein.  In summary, the $4,337,157.00 certified Free Cash Balance was realized primarily from the following resources:

 

·        Increased estimated receipts in the amount of about $1,520,000;

·        Turn-backs from town budgets of more than $1,860,000; and,

·        Other sources such from outstanding balances collected from FY2001 and before equal to about $1,000.000.

 

The Finance Committee thought it appropriate to provide Town Meeting Members a detailed analysis of the Free Cash position, and expand upon more comprehensively a definitional overview of Free Cash, a historic comparison of Free Cash balances, an analysis of the 6/30/02 Free Cash Balance components, the effect of trash fees and educational transportation fees on the 6/30/02 Free Cash balance, a summary of appropriations from 6/30/02 Free Cash balance and preliminary FY 04 Budget outlook, and the town administration’s report on future reconciliation of balances procedures.  To that end, we urge Town Meeting Members to read our Summary Report of Free Cash – FY2002, which immediately follows this letter.

 

The town administration also discussed other budgetary forecasting issues such as a prospective ten percent (10%) decrease in State Aid for Fiscal Year 2004 (compared to Fiscal Year 2003 State Aid) and constraints of Proposition 2 ½ on future tax levy revenues, among other things. 

 

The Finance Committee would like to express its thanks and appreciation for the hard work, cooperation and dedication of all town officials, members of boards, committees, departments and citizens for their cooperation and participation, during the 2002 Special Town Meeting Warrant Article hearings. 

 

We respectfully submit our recommendations and commentary for your consideration. 

 

As always, we thank you for your support.

 

 

Respectfully Submitted,

 

Frank Foss, Chair

 

Gail Kaprielian, Vice Chair   

Carol Gloff, Secretary

John Culkin   

Paul Griesmer

Richard Jennett   

Christopher Lee

Catherine Matzilevich   

Lynn Mattice

Dominic Mirante   

Jeffrey Phillips   

Craig Ross   

Susan Salamoff

Linda Sussman   

Bruce Wright

 

 

 

Finance Committee

Summary Report on Free Cash

 

The certified Free Cash balance for the period ending June 30, 2002 is $4,337,157. Given the difference between this actual certified Free Cash balance and the $1,400,000 to $1,600,000 estimate provided at Fall 2002 Town Meeting, the Town Administrator has re-presented the financial articles from 2002 Fall Annual Town Meeting for consideration at 2002 Special Town Meeting #2, as a courtesy to Town Meeting.  In addition, these articles are before Town Meeting again to allow a complete understanding and explanation of the town’s fiscal position.  Two other financial articles have also been filed. For reasons presented elsewhere, the Town Administrator is requesting no action under these articles.

 

This section of the Finance Committee’s report addresses several factors for Town Meeting’s consideration. These factors include:

 

v     Definitional Overview of Free Cash

v     Historical Comparison of Free Cash Amounts in the Town of Natick

v     Analysis of Components of 6/30/02 Free Cash

v     Effect of Trash and Transportation Fees on 6/30/02 Free Cash

v     Appropriations from  Free Cash and Preliminary FY 04 Budget Outlook

v     Town Administration’s Report on Future Free Cash Procedures

 

This report includes certain information from the Town Administrator, Finance Director and Town Comptroller and the results of the Finance Committee hearing review and discussion on November 21, 2002.

 

Definitional Overview of Free Cash

 

Free Cash has many components.  In non technical terms, Free Cash is the amount of money left over at the end of a fiscal year.  Free Cash is an annual concept.  Rules of thumb for good financial management suggest that Free Cash should be 1.5% to 2.5% of the total municipal budget.  Free Cash is an amount left over after the close of a fiscal year normally appropriated for non-recurring expenditures or stabilization funds as a safety margin in municipal budgets.  Positive Free Cash amounts are prudent.  Free Cash at the end of a fiscal year is not affected by revenue and expense derived from the following fiscal year.  Negative Free Cash amounts indicate an out of balance budget and deficit spending, which would require immediate cuts in budgets/services. 

 

In Natick it has been a sound municipal budgeting practice, for Free Cash amounts to be generated each fiscal year.  Free Cash has traditionally been used in Natick for capital items and certain debt service or other fund balances.  Historically in Natick, Free Cash has rarely been used for recurring operating expenses.

 

Available certified Free Cash after the close of a fiscal year is influenced by many factors.  Free Cash is positively affected by a) actual local receipts in excess of amounts estimated after Town Meeting approval of an annual budget, b) payments of past due or previous fiscal year’s taxes, c) turn-backs from various department budgets after the close of a fiscal year ( i.e. unspent or unencumbered amounts from department budgets), d) unused and released amounts from previous years’ overlay reserves (i.e. overlay surplus) e) sales of municipal property not otherwise spent by Town Meeting, and f) increases in State Aid over amounts budgeted.

 

Available Free Cash amounts are negatively affected by a) actual local receipts which are less than estimated, b) taxes owed but unpaid for the fiscal year ended June 30th, c) actual State Aid less than estimated, d) increases in accounts receivable reserves and e) turn-backs from departmental budgets which are less than historical levels.

 

As the attached sheets from the Town Administrator depict, over 16 types of local receipts (technically called local receipts not allocated) and 15 types of State Aid affect Free Cash.  Each of these 31 types of receipts and State Aid amounts must be estimated during the annual budget process.  Each source is subject to fluctuation.  Free Cash is also subject to the amount of turn-backs from the 50 separate town budgets.

 

Historical Comparison of Free Cash Balances

 

As the attached schedule from the Town Administrator shows Free Cash balances have varied greatly from over $4,000,000 generated from FY 87 to less than $150,000 generated from FY 91.  Free Cash balances generated from FY 89 thorough FY 92 were at or under $500,000 per year, depicting a period of time when the Town and the State were in financial distress.  Free Cash amounts ranged from $800,000 to $1,700,000 generated from FY 93 to FY 95.

 

Free Cash balances generated from FY 98 through FY 01 ranged from $3,400,000 to $3,900,000. The Free Cash amount of $4,337,157 generated from the fiscal year ending on June 30, 2002 is comparable to the Free Cash from FY 00 and consistent with the past four fiscal years and FY 87.

 

Analysis of 6/30/02 Free Cash Balance Components

 

As the attached sheets from the Town Administration show, the FY 02 Free Cash balance was influenced by actual local receipts approximately $1,100,000 greater than estimated and by budget turn-backs approximately $650,000 higher than turn-backs in FY 01.

 

Analysis demonstrates that local receipts exceeded estimates due largely to two line items - motor vehicle excise and ambulance receipts.  All other local receipt line items largely offset.  Motor vehicle excise has ranged from $3.0 to $3.5 million annually in recent years but set a record level of $4.156 million in FY 02 or $656,000 more than estimated.  Concern exists that this increase was due to increased auto sales as a result of 0% interest auto manufacturer loans in October and November of 2001.  Thus, future year auto excise receipts could be depressed because of prior accelerated consumer purchases and economic conditions.  Ambulance receipts were approximately $353,000 higher than estimated, possibly due to an expanded service and more aggressive collection practices.  These two line items account for almost $1.0 million of the excess of actual over estimated local receipts.

 

Free Cash as of June 30, 2002 was also influenced by total departmental budget turn-backs of $1,863,955 in FY 02 compared to total turn-backs in FY 01 of $1,211,422. Careful analysis of these turn-backs at the department level indicates several unique factors at work.  First, FY 02 includes approximately $220,000 in turn-backs from capital projects compared to similar turn-back of $53.24 from FY 01.  Approximately $122,000 was turned back from the Selectmen’s budget reportedly as a result of not having a Town Administrator or Deputy Town Administrator for a long period during the fiscal year.   Over $100,000 was turned back from the DPW Building Maintenance budget due to anticipated energy increases budgeted for FY 02 that did not occur.  Turn-backs were also approximately $170,000 higher for Insurance and Fringe Benefits.  Except for these items, turn-backs generally tracked FY 2001 levels.

 

 

Effect of Trash Fees and Educational Transportation Fees on the 6/30/02 Free Cash Balance

 

The Finance Committee directly inquired whether the trash fees and educational transportation fees enacted this past Spring had any effect on the Free Cash balance of June 30, 2002.  The answer is no. The trash fees were enacted in the Spring, but were not first collected until July 2002 - not until FY 03. These collected fees cannot affect balances from the previous fiscal year and are not in the June 30, 2002 certified Free Cash balance.  Similarly, educational transportation fees are not part of the Free Cash balance of June 30, 2002.  Educational transportation fees were paid by some in May of this year and by others in July and August of this year.  Educational transportation fees paid, including those received prior to June 30, 2002, are placed in a revolving fund which is not included in Free Cash.

 

Appropriations from  6/30/02 Free Cash Balance and Preliminary FY 04 Budget Outlook

 

Approximately $500,000 was appropriated during the 2002 Fall Annual Town Meeting from the $4,335,157 leaving approximately $3,835,157 available.  However, no capital items were funded during the 2002 Fall Annual Town Meeting and few capital items were funded during the 2001 Fall Annual Town Meeting.

 

Furthermore, the Town normally funds some debt service with Free Cash.  Previous budget practices have been that the Town appropriates approximately $1,000,000 from Free Cash balances.  It is anticipated that the annual practice of appropriating Free Cash to fund debt service will continue in the compilation of the FY 04 town budget.

 

The Town Administrator has informed the Finance Committee that he intends to propose using some and perhaps all of the remaining Free Cash for FY 04 operating purposes to avoid significant service cuts.  For the FY 03 budget, the Town faced a deficit of approximately $2.3 million before trash fees and educational transportation fees were imposed - $1,575,000 and $350,000 respectively.  The FY 03  budget was also balanced by certain service and staffing cuts and /or leaving existing open positions unfilled.  The FY 03 budget also assumed level funding in State Aid.

 

The preliminary budget outlook for FY 04 assumes a minimum cut of 10% in State Aid or approximately $1,200,000.  Revenue from the Pay-as-you-throw trash plan for FY 04 is estimated to be $400,00 to $750,000 less than the estimated FY 03 trash fee total of $1,575,000. 

 

The Town Administrator will be available to answer questions concerning the June 30, 2002 Free Cash balance, the preliminary FY 04 outlook and plan, and other relevant matters.

 

Town Administration’s Report on Future Reconciliation of Balances Procedures

 

The Town Administration has also prepared a memo summarizing the commencement of certain accounting and reconciliation procedures to ensure that future Fall Annual Town Meetings receive more accurate Free Cash estimates.  Essentially, the procedures require monthly reconciliation of the various accounts that influence the Free Cash balance, among other things, allowing for timelier reporting to the State and to Town Meeting.  Previously, such reconciliations had not occurred on a regular basis.  In fact, such reconciliations occurred on an annual basis only.  The Town Administrator will be available to answer questions on these procedures.

 

INSERT

 

THE FOLLOWING DOCUMENTS

 

1)     Fiscal Year 1981 – 2002 Free Cash

2)     Local Receipts Not Allocated

3)     Appropriations Closed to Revenue At June 30th

4)     Summary of Other Financing Sources For Fiscal Year 2002

5)     Free Cash Calculation Fiscal Year 2002

 

 

 

 

 

 

INSERT

 

FINANCE COMMITTEE

 

2002 SPECIAL TOWN MEETING #2

 

SUMMARY OF

 

RECOMMENDATIONS
INSERT

 

TOWN OF NATICK

 

FISCAL YEAR 2003

 

BUDGET SUMMARY

 

INSERT

 

BOARD OF SELECTMEN

 

DOCUMENT

 

INSERT

 

PLANNING BOARD

 

DOCUMENT

 

 

ARTICLE LIST

SPECIAL TOWN MEETING #2

DECEMBER 3, 2002

 

 

Article 1                       Natick Mall Center Overlay District

Article 2                       Highway Overlay Districts – Lots in a Highway Corridor

Article 3                       Family Suite

Article 4                       Comprehensive Cluster Development Option

Article 5                       Citizen Petition:  Town Meeting Procedure – Moderator

Article 6                       Omnibus Budget FY03

Article 7                       Stabilization Fund

Article 8                       Capital Equipment

Article 9                       Capital Improvement

Article 10                     Lease/Repair

Article 11                     Morse Institute Library – Additional Personnel

Article 12                     Citizen Petition – Morse Institute Library – Additional Personnel

 

ARTICLE 1

(Planning Board)

 

            To see if the Town will amend its zoning by-laws in the following respects, or otherwise act thereon:

 

Item 1:            The following shall be added as a definition, in alphabetical order, in Section 200: 

 

                        “Curb-Cut Closure:  the closing of a Curb-Cut onto a double lane public way.”

 

“Hotel :  any establishment used for the feeding and lodging of guests, whose occupancy is not to exceed ninety (90) consecutive days, which is licensed or required to be licensed as a common victualler and innholder under the provisions of M.G.L. c. 140, s. 6 and has upon its premises the necessary implements and facilities for cooking, preparing and serving food for strangers and travelers, and also has the rooms, beds and bedding required by law.

 

                        “Road Link:  a roadway connecting to a double lane public highway.”

 

“Shopping Mall Use:  as defined in Section 323.1.5.”

 

Item 2:            There shall be added at the end of Section II-A the following Use District:

 

                        “Mall Center Overlay District MC”

 

Item 3:            Insert a new Section II-B 7. c. to follow Section II-B 7. b., to read as follows:

 

“ 7. c.  There shall be a Mall Center Overlay District (MC) within the following described area:

 

            BEGINNING at a point on the Natick-Framingham town line at the intersection with the center line of Worcester St.;

            Thence continuing easterly on the centerline of Worcester St until reaching the point where it intersects with the centerline of Speen St. Southbound;

            Thence turning and continuing northwesterly along the centerline of Speen St. Southbound until it reaches a point where it intersects the Natick-Framingham town line;

            Thence turning and continuing southwesterly along the Natick-Framingham town line until reaching the Point of BEGINNING.”

 

Item 4:            In Section 321, cancel the second sentence and substitute the following:

 

“There are three such overlay districts: the Mall Center Overlay (MC) district, the Regional Center Overlay (RC) district and the Highway Corridor Overlay (HC) district.  The Mall Center Overlay (MC) district overlays a portion of the Regional Center Overlay (RC) district.

 

Item 5: At the end of the second sentence in Section 322.2, add the phrase “or Section 326.4.”

 

Item 6:            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 and RC districts:  “

 

Item 7:            Renumber Sections 323.11 and 323.12 as Sections 323.1.1 and 323.1.2 and insert the new Sections 323.1.3 and 323.1.4, to read as follows:

 

“ 323.1.3            The MC Overlay District is an overlay district established in that area of Town which is already substantially developed for commercial purposes, but which may be further intensively developed so as to foster the implementation of significant infrastructure improvements within the Town and improve the Town’s tax base.

 

323.1.4            To the extent there is inconsistency between provisions of this By-Law applicable to the MC Overlay District and underlying district (including the RC District), the provisions applicable to the MC Overlay District shall govern.

 

323.1.5            All uses permitted or allowed in the underlying zoning districts (including the RC District) shall still be permitted or allowed respectively on land in the MC Overlay District.  In addition, hotel and motel use (including serving of food and/or permitted beverages), as well as shopping mall use, shall be permitted in the MC Overlay District.  “Shopping mall use” shall include those uses customary in shopping malls, e.g., retail stores, service establishments, restaurants, and entertainment uses, in multiple stores in a building or group of buildings containing no less than two (2) levels (each of which levels is principally devoted to selling or providing service or entertainment to customers), and in which access to the majority of stores is via an enclosed pedestrian mall or malls, and in which no less than thirty-five (35%) percent of the gross floor area leased to tenants is devoted to individual stores having a floor area of less than 15,000 square feet.  Access drives and parking facilities serving such buildings, whether such facilities are below or above ground or below such buildings or in separate structures, located on the same lot or an abutting lot shall also be permitted as an accessory use to such shopping mall use ”

 

Item 8:            In Section 323.7 insert the words “or MC Overlay District” after the words “Regional Center District”

 

Item 9:            In Section 324.1, in the second line, cancel the phrase “RC and HC” and replace with “RC, HC and MC”. 

 

Item 10:            Section 324.11 is deleted.

 

Item 11:            In Section 324.6 cancel the phrase “HC or RC” and replace with “MC, HC or RC”.

Item 12:            Renumber Sections 324.61, 324.62, 324.63 and 324.64 as new Sections 324.6.1, 324.6.2, 324.6.3 and 324.6.4, and add a new Section 324.6.5 and a new Section 324.6.6 to read as follows:

 

“324.6.5.            All square footage contained in a hotel or motel shall not be included in the gross floor area.

 

“324.6.6            In the MC Overlay District the following shall not be included in gross floor area for computing the floor area ratio:

 

            324.6.6.1            Equipment rooms, including rooms containing heating, air conditioning or other mechanical equipment servicing a permitted or allowed use, and offices devoted to operational matters of a shopping mall, including rest rooms and waiting or rest areas.  

 

            324.6.6.2         Areas of a shopping mall building (including pedestrian bridges) not devoted to occupancy by a tenant or occupant, which are principally intended to provide access between stores, even though vendors may, from time to time, maintain kiosks or other portable displays therein shall not be included in the gross floor area, provided, however, that the floor area actually occupied by such kiosks or any display fixture shall be included in the gross floor area to the extent such occupied areas exceed 10% of such access areas.

 

Item 13:  In Section 324 , add the following as Section 324.10;

 

“Section 324.10   Increased FAR for Parcels in MC Overlay District

 

“324.10.1            In order to foster redevelopment of parcels in the MC Overlay District that will provide for substantial infrastructure improvements and significant additions to the Town’s tax base, the Planning Board may grant special permits to increase the FAR to .60 for one or more parcels (or portions thereof) concurrently which are in the MC Overlay District, containing not less than 40 contiguous acres (either as an individual parcel or in combination), when the requirements of Section  324.10.2 are met and the bonus requirements of Section I of Bonuses are satisfied.  Where such parcels (or portions thereof) are in separate ownership, the owners thereof shall join in the application for such special permit, but such parcels (or portions thereof) need not be combined under the Subdivision Control Law nor shall be treated as a single parcel for purpose of the application of the other requirements of this zoning by-law and may be used and further developed independently of each other except that the FAR of such parcels (or portions thereof) in the aggregate shall not exceed the FAR authorized under such special permits. 

 

For purposes of the application of the bonus requirements of Section 328.3 to developments in the MC Overlay District for which such special permits are requested, the bonus requirements shall be applicable only to the extent the proposed FAR on all parcels included in the applications for such special permits exceed the then existing FAR of such parcels.  If existing buildings are demolished, the bonus requirements shall not be applicable to the FAR for new construction to the extent of the floor area of the buildings so demolished.

 

The applicants under such a special permit may also elect, if the FAR of one of the parcels is less than .32, to allocate the excess floor area that could be developed on such parcel without exceeding FAR of .32 to the other parcels included within such application.  The allocation of such excess floor area shall be set forth in such special permit and no bonus requirement need be fulfilled in connection therewith; provided, however, that any further construction on the parcel whose excess floor area is allocated to such other parcel shall be treated as if such excess floor area had been constructed on the parcel from which it is allocated.

 

324.10.2            In granting a special permit for an increase in FAR under Section 324.10.1, the Planning Board shall make, in lieu of the finding required in Section 324.9, a specific finding, in writing, that the following conditions are met:

 

.1         the parcel (or if parcels, the parcels in the aggregate) included in such application have an existing FAR in excess of .32;

.2         that the increase in FAR shall not result in a development which is substantially more detrimental to the neighborhood than the use of the lots as then improved;

.3         the increase will achieve the goals, objectives and interests of the MC Overlay District regulations; and

.4         the project, with such increased FAR, shall satisfy all of the criteria and standards of Section VI-DD Site Plan Review. 

 

Item 12:            In Section 325.1, renumber existing subparagraphs 325.11 and 325.12 as paragraphs 325.1.1 and 325.1.2 and add a new paragraph 325.1.3, to read as follows:

 

“325.1.3            Notwithstanding any other provision in this Section 325, the minimum landscape surface ratio for projects in an MC Overlay District shall be 0.25, regardless of the FAR.  In calculating the LSR in an MC Overlay District, the numerator of the LSR shall include pervious and landscaped areas, including areas in a parking structure that are utilized for landscaped areas, such as planting structures containing plant material.  In calculating the LSR in an MC Overlay District, the denominator shall be the Gross Land Area and any portion of a parcel included in an application for a special permit under Section 324.10.1 of this By-Law.”

 

Item 13:            In Section 326, DIMENSIONAL REGULATIONS, add the following as Section 326.4:

 

“326.4  Dimensional Regulations in MC Overlay District

 

In issuing a special permit under Section 324.10.1, the Planning Board may also grant a special permit to permit a project authorized thereunder, in lieu of the dimensional requirements of the underlying zoning district (including the RC District as part of the HOD District), to be subject to the following dimensional requirements:

 

Frontage:            200 feet

 

Building Setback from a Public Way:            50 feet (provided, however, that in granting such special permit, the Planning Board may reduce this setback to accommodate circulation or road improvements)

 

Parking Structure Setback

from Public Ways:            for at grade or higher levels, 25 feet from  public ways; below grade levels do not require a setback

 

Maximum Height of Building

or Structure:            80 feet or 8 stories

 

Side and Rear Yard:            20 feet (providing, however, that in granting such special permit, the Planning Board may waive this requirement to permit connections between buildings on separate lots)

 

Item 14:            Revise Section 328.31 and Schedule I of Bonuses to read as follows:

 

328.3            Schedule of Bonuses:

 

328.31  FAR Increases above 0.32 up to 0.40 (and in the MC Overlay District up to .60) based on Schedule I of Bonuses.  An increase in allowable floor area for new construction resulting in a FAR for the entire development which does not exceed 0.40, as permitted in and subject to the requirements of Section 324.2, shall be available in accordance with Schedule I of Bonuses set forth hereafter, if the Planning Board deems that the amenity offered by the applicant accomplishes the purpose, intent and objectives of the Highway Overlay Districts regulations.  For development within an MC Overlay District for which a special permit is requested under Section 324.10.1, an increase in allowable floor area shall be permitted if the requirements of Schedule I are met through fulfillment of one or more Public Benefit Amenities.

 

The “bonus ratio” as used in Schedule I is the ratio of the unit of public benefit amenity provided, to the floor area permitted for bonus projects in excess of a FAR of 0.32.  For example, a bonus ratio of one to three (1:3) and an amenity unit of “Square Foot” means that for each square foot of the amenity the project shall be eligible for three (3) additional square feet of floor area for permitted uses.

 

SCHEDULE I OF BONUSES

           

PUBLIC BENEFIT AMENITY

AMENITY UNIT

BONUS RATIO*

OPEN SPACE AMENITIES:

 

      -Park

Square Foot

1:1

      -Excess Pervious Landscaping

Square Foot

1:0.5

      -The provision of OPEN SPACE**

Dollar ($)

20:1

PEDESTRIAN CIRCULATION IMPROVEMENTS:

 

      -Off-Site Sidewalk

Square Foot

1:1

      -Pathway / Bikeway

Square Foot

1:1

      -Pedestrian Bridge

Square Foot

1:1

PUBLIC ASSEMBLY SPACE:

Square Foot

1:5

ROAD LINK:***

Dollar ($)

20:1

TRAFFIC IMPROVEMENTS:

 

      -Service Road (24 - 30 ft. paved width)

Square Foot

1:3

      -Curb-cut Closure

Number Closed

1:15,000

TRANSIT AMENITIES:

 

      -Transit-related lane widening

Square Foot

1:2

      -Traffic Management Project****

Dollar ($)

20:1

OFF-SITE AFFORDABLE HOUSING:

 

      -Provision by developer

Affordable Unit

1:4,000

      -Town’s Housing Corporation contribution

Dollar ($)

20:1

 

*          Bonus Ratio = Amenity / Floor Area

**        Open Space shall be valued in accordance with Section 324.724 or a contribution made to the Town’s Conservation Open Space Fund.

***      Road Link shall include the cost of the acquisition of the land (or the rights therein) whether incurred directly or reimbursed to other parties required for the roadway and the design and construction of the elements thereof which form the intersections with public or private way to which it connects.

****    Traffic Management Project shall include the provision of land for, and/or the design and construction of roadway improvements, as well as the support of public transportation, within the Town.

 

Item 15:            Revise the Schedule II of Bonuses to read as follows:

 

SCHEDULE II OF BONUSES

           

PUBLIC BENEFIT AMENITY

AMENITY UNIT

BONUS RATIO*

For FAR increases from 0.32 up to 0.55:

 

      -OPEN SPACE Having the value ** of

Dollar ($)

20:1

 

*          Bonus Ratio = Amenity / Floor Area

**        OPEN SPACE shall be valued in accordance with Section 324.724 or a contribution made to the Town’s Conservation Open Space Fund.

 

 

Item 16:            In Section V1-DD, amend Section 2(a) to add thereto “Mall Center (MC) Overlay District” or take any other action relative thereto.

 

RECOMMENDATION:            The Finance Committee has NO RECOMMENDATION AT THE TIME OF THIS WRITING due to the timing of its public hearing (November 26, 2002) regarding the subject matter of Article 1. 

 

The Finance Committee will conduct the requisite public hearing on November 26, 2002 to review the subject matter of this article.  Due to requirements and timing of the Planning Board hearing process, the Finance Committee public hearing schedule, Special Town Meeting #2 commencement date and the Thanksgiving Holiday, the Finance Committee recommendation is not available for this writing.  However, the Finance Committee is providing Town Meeting Members with some pertinent information gathered during its November 21, 2002 meeting regarding some of the articles amending Natick By-laws. 

 

To that end, with regard to the subject matter of Article 1, the Finance Committee received a memorandum from Sarkis Sarkisian, Director Community Development, stating “ [t]he Planning Board recommends favorable action on Article 1 as printed in the Warrant [2002 Special Town Meeting Warrant Article 1].  The Planning Board will be attending the Finance Committee Public Hearing on these articles on Tuesday, November 26, 2002.”    

 

MOTION:

 

 A Motion will be available before the commencement of 2002 Special Town Meeting #2 (12/3/02).

 

 

 

 

 

ARTICLE 2

(Planning Board)

 

To see if the Town will vote to amend the Natick Zoning By-Laws as follows, or otherwise act thereon.

 

Add the following to SECTION 320 – HIGHWAY OVERLAY DISTRICTS after Section 323.12:

 

323.13  Lots in a Highway Corridor (HC) district zoned for single- or two-family residential development with frontage on Worcester Street may double the number of units permitted by the underlying zoning. Structures must comply  to the Intensity Regulations Section IV-B in the underlying zoning with the following exceptions;  minimum lot depth 90’and maximum building height twenty-eight (28) feet.  No detached structures are permitted on these properties.  Under the provisions of this section, developers shall be required to contribute to the Town’s stock of affordable housing. Affordable housing units shall be provided as set forth in Section III-A.6 or the developer may choose to make a cash payment in the amount of five percent (5%) of the sale price of one unit on each lot to the Natick Housing Corporation or its designee, all subject to the approval of the Special Permit Granting Authority. 

 

RECOMMENDATION:            The Finance Committee has NO RECOMMENDATION AT THE TIME OF THIS WRITING due to the timing of its public hearing (November 26, 2002) regarding the subject matter of Article 2. 

 

As mentioned in the Finance Committee narrative for Article 1, the Finance Committee will conduct the requisite public hearing, on November 26, 2002, to review the subject matter of this article.  In an effort to provide Town Meeting Members with information gathered by the Finance Committee to date, we provide the following:

 

In a memorandum from Sarkis Sarkisian, Director Community Development, it was stated that “[t]he Planning Board recommends favorable action on Article 2 with amendments… The Planning Board will be attending the Finance Committee Public Hearing on these articles on Tuesday, November 26, 2002.”    

 

To those ends, we provide the Planning Board’s suggested amended language, so that Town Meeting Members can prepare for deliberation and debate of this article.   Their suggested amended text is provided below in its entirety in bold Arial text format. 

                       

Add the following to SECTION 320 – HIGHWAY OVERLAY DISTRICTS after Section 323.12:

 

323.13  Lots in a Highway Corridor (HC) district zoned for single- or two-family residential use having frontage on Worcester Street may be developed with twice the number of units permitted by the underlying zoning. Structures must comply with the Intensity Regulations Section IV-B in the underlying zoning with the following exceptions:  minimum lot depth shall be 90’and maximum building height shall be twenty-eight (28) feet.  No detached structures are permitted on these properties.  Under the provisions of this section, developers shall be required to contribute to the Town’s stock of affordable housing. One affordable housing unit shall be provided on each lot developed under this section. Each such affordable housing unit shall  contain at least two (2) or more bedrooms designed for family occupancy, and shall be substantially the same as  the market rate units, as set forth in Section III-A.6; or in the alternative the developer may choose to make a cash payment in the amount of five  percent (5%) of the sale price of all units to the Natick Housing Corporation or any successor or similar agency , all subject to the approval of the Special Permit Granting Authority. 

 

MOTION:

 

A Motion will be available before the commencement of 2002 Special Town Meeting #2 (12/3/02).


 

ARTICLE 3

(Planning Board)

 

 

To see if the Town will vote to amend the Natick Zoning By-Laws as follows, or otherwise act thereon.

 

Item 1: In SECTION 200 – DEFINITIONS, add the following

 

“Family Suite – An accessory dwelling unit, in a primary single family dwelling, for occupancy by a resident who is related to the owner of the primary dwelling.”

 

 

Galley Kitchen: A Kitchen so configured as to accommodate the storage and preparation of food and meals, but not to accommodate the seating of more than two persons.  Such kitchen shall have an area of not less than 50 square feet.  

 

Item 2:  In Section III-A-2 USE REGULATIONS SCHEDULE, add a new use 1A, to follow use 1, to read as follows:

 

            “1A.            Family Suite”

 

place the letter “A” under the “RS” column and place the letter “O” under all other columns in such Schedule.

 

Item 3:    In Section IV-B FOOTNOTES TO INTENSITY REGULATIONS, add a new footnote “aa” to read as follows:

 

“aa.      A family suite may be located in a dwelling in an RS district which is the primary residence of the owner of such dwelling upon the issuance of a Special Permit granted by the SPGA.  The SPGA shall include a condition in their Special Permit that the residents of the family suite must be related to the owner(s) of the single-family dwelling and that the primary dwelling unit remain the primary residence of the owner of the dwelling throughout the period of occupancy of the family suite.  The SPGA shall require that the following conditions be met:

i-  The family suite shall be subordinate in size to the primary dwelling unit.

ii- The family suite shall be constructed in a manner that maintains the appearance of a single-family dwelling.

iii-  The family suite and the primary dwelling unit shall be fully integrated and shall be contiguous with each other.

iv-  The Family Suite shall share living areas within the single-family dwelling with the primary dwelling unit.

v.    The family suite and the primary dwelling unit shall share utilities.

vi.   The size of the family suite shall not exceed 25% of the area of the primary dwelling unit but shall not be larger than 700 square feet (calculation not to include common areas).

vii. The family suite shall be limited to one bedroom.

viii.The family suite shall be limited to a galley kitchen with minimal amenities.

ix.  The family suite shall share a front entry with the primary dwelling unit, although a separate side or rear door may be permitted.

x.   Parking shall be as required by Section V-3.a of this By-Law and the units shall be accessed by the same driveway.

xi.  All dimensional zoning requirements shall be met.

xii. The design must allow for the future conversion of the Suite to an addition to the single-family dwelling.  The SPGA must review and approve the plans for such single family dwelling at the time that the family suite is included in the building.

xiii.The SPGA shall specify by name(s) in its permit who is permitted to reside in the Family Suite.  Any changes in occupancy shall require a modification of the Special Permit and must be approved by the SPGA

xiv.The single-family dwelling owner(s) shall covenant to their abutters that they will not use the property as a two-family dwelling.  This covenant shall be recorded at the  Middlesex South Registry of Deeds and shall be indexed to the deed for the single-family dwelling.

xv. The decision of the SPGA shall be recorded at the Middlesex South Registry of Deeds and a copy of the recorded decision shall be provided to the SPGA and the Building Department before an occupancy permit can be issued.”

 

RECOMMENDATION:            The Finance Committee has NO RECOMMENDATION AT THE TIME OF THIS WRITING due to the timing of its public hearing (November 26, 2002) regarding the subject matter of Article 3. 

 

As mentioned in the Finance Committee narrative for Article 1, the Finance Committee will conduct the requisite public hearing, on November 26, 2002, to review the subject matter of this article.  In an effort to provide Town Meeting Members with information gathered by the Finance Committee to date, we provide the following:

 

In a memorandum from Sarkis Sarkisian, Director Community Development, it was stated that “[t]he Planning Board recommends favorable action on Article 3 with amendments… The Planning Board will be attending the Finance Committee Public Hearing on these articles on Tuesday, November 26, 2002.”    

 

To those ends, we provide the Planning Board’s suggested amended language, so that town Meeting Members can prepare for deliberation and debate of this article.   Their suggested amended text is provided below in its entirety in bold Arial text format. 

 

Item 1: In SECTION 200 – DEFINITIONS, add the following

 

“Family Suite – An accessory dwelling unit, in a primary single family dwelling, for occupancy by a resident who is related by blood , marriage or adoption to an owner of the primary dwelling.”

 

 

“Galley Kitchen: A Kitchen so configured as to accommodate the storage and preparation of food and meals, but not to accommodate the seating of more than two persons.  Such kitchen shall have an area of not less than 50 square feet.”  

 

Item 2:  In Section III-A-2 USE REGULATIONS SCHEDULE, add a new use 1A, to follow use 1, to read as follows:

 

            “1A.            Family Suite”

 

place the letter “A” under the “RS” column and place the letter “O” under all other columns in such Schedule.

 

Item 3:             In Section IV-B FOOTNOTES TO INTENSITY REGULATIONS, add a new footnote “aa” to read as follows:

 

“aa.     A family suite may be located in a dwelling in an RS district which is the primary residence of the owner of such dwelling upon the issuance of a Special Permit granted by the SPGA.  The SPGA shall include a condition in their Special Permit that the residents of the family suite must be related to the owner(s) of the single-family dwelling and that the primary dwelling unit remains the primary residence of the owner of the dwelling throughout the period of occupancy of the family suite.  Occupancy shall be permitted by means of a lease for a term of years containing the limitations and conditions of the Special Permit.  A copy of such lease shall be recorded in the South Middlesex Registry of Deeds prior to the issuance of a Certificate of Occupancy, with the SPGA being provided with a copy of such recorded lease.  The SPGA shall require that the following conditions be met:

i-  The family suite shall be subordinate in size to the primary dwelling unit.

ii- The family suite shall be constructed in a manner that maintains the appearance of a single-family dwelling.

iii-  The family suite and the primary dwelling unit shall be fully integrated and shall be contiguous with each other.

iv-  The family suite may share living areas within the single-family dwelling with the primary dwelling unit.

v.    The family suite and the primary dwelling unit shall share utilities.

vi.   The size of the family suite shall not exceed 25% of the area of the primary dwelling unit but shall not be larger than 700 square feet (calculation not to include common areas).

vii. The family suite shall be limited to one bedroom.

viii.The family suite shall be limited to a galley kitchen with minimal amenities.

ix.  The family suite shall share a front entry and mail address with the primary dwelling unit, although a separate side or rear door may be permitted.

x.   Parking shall be as required by Section V-3.a of this By-Law and the units shall be accessed by the same driveway.

xi.  All dimensional zoning requirements shall be met.

xii. The design must allow for the future conversion of the Suite to an addition to the single-family dwelling.  The SPGA must review and approve the plans for such single family dwelling at the time that the family suite is included in the building.

xiii. The SPGA shall specify by name(s) in its permit who is permitted to reside in the Family Suite.  Any changes in occupancy shall require a modification or revision of the lease and a modification of the Special Permit which must be approved by the SPGA

xiv.The single-family dwelling owner(s) shall covenant to their abutters that they will not use the property as a two-family dwelling.  This covenant shall be recorded at the  Middlesex South Registry of Deeds and shall be indexed to the deed for the single-family dwelling.

xv. The decision of the SPGA shall be recorded at the Middlesex South Registry of Deeds and a copy of the recorded decision shall be provided to the SPGA and the Building Department before an occupancy permit can be issued.”

 

MOTION:

 

A Motion will be available before the commencement of 2002 Special Town Meeting #2 (12/3/02).

 

 

 

ARTICLE 4

(Planning Board)

 

To see if the Town will vote to amend the Natick Zoning By-Laws as follows, or otherwise act thereon.

 

Insert a new Section III-5.F after last paragraph of Section III-4.F to read as follows:

 

 

      III-5. F   COMPREHENSIVE CLUSTER DEVELOPMENT OPTION 

    

 

1.      PURPOSE AND INTENT:

 

            The Comprehensive Cluster Development (CCD) option is designed to help the Town maximize available land for open space, increase the amount of affordable housing, encourage the creation of handicapped accessible housing and provide both age-qualified housing and conventional housing while preserving Natick’s New England character.

 

This development alternative permits a more economical and efficient use of residential land than may be accomplished through standard subdivision development by: protecting the existing character of the landscape; introducing diversity into residential developments; and preserving more public open space for water supply, wetland, and other natural habitat, conservation, and recreation.  In addition, it reduces the typical costs of providing municipal services to residential developments. Such objectives may be obtained as an alternative or optional choice by a landowner in the Residential Single-B (RSB) District. 

 

Applicants can benefit from choosing this option because they are able to increase the density of their development over other available options in the RSB district.

 

 

2.      APPLICABILITY 

 

The Planning Board may grant a Special Permit, Site Plan Approval in accordance with Section VI-DD and VI-EE of these by-laws and subdivision approval in accordance with the subdivision rules and regulations, and other rules and regulations as adopted pursuant to Section III-5.F.4(c) herein, for the construction and occupancy of a CCD located in the RSB District, provided that the gross land area of the parcel is at least one million (1,000,000) square feet.  The applicant must either own or submit authorization in writing to act for all the owners to the lots comprising the parcel prior to submitting a formal application.

 

 

3.   PERMITTED AND ALLOWED USES

 

The Planning Board, acting as a Special Permit Granting Authority as hereinafter provided, may grant a special permit pursuant to the provisions of the By-Law and M.G.L. Chapter 40A for the following uses:

 

a.      Single family homes which meet the dimensional requirements of single family lots as stated in Section III-5.F.7(a) herein.

 

b.      Town Houses provided that the total number of Town House units does not amount to more than fifty-five (55) percent of the total number of units in the entire CCD pursuant to Section III-5.F.6.

 

c.            Indoor & outdoor tennis courts, swimming pools and other non-commercial recreational facilities with use restricted to residents of the CCD, including accessory structures necessary for appropriate non-commercial use and operation of such recreational facilities.

 

d.  The CCD may be comprised of up to 55% age-qualified housing units.  The age-qualified housing units shall be located within well-defined area(s), separated from the conventional housing units and distinguishable as a community of dwelling units specifically intended for people 55 years of age and older. 

 

 

4.      PROCEDURES:

 

The procedures to be followed in obtaining approval for the CCD are:

 

a.      Pre-Application:  To promote better communication and to avoid misunderstanding, the applicant is very strongly encouraged to request a pre-application review at a regular business meeting of the Planning Board.  If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health and any other Committee and/or Board with interest in the proposal.  The purpose of a pre-application review is to minimize the applicant’s costs of engineering and other technical experts and to commence negotiations with the Planning Board at the earliest possible state in the development.  At the pre-application review, the applicant may outline the proposal, seek preliminary feedback from the Planning Board and/or its technical experts, and a set a timetable for submittal of a formal application.  At the request and expense of the applicant, the Planning Board may engage technical experts to review the informal plans of the applicant and to facilitate submittal of a formal application of a CCD Special Permit.

In order to facilitate review of the CCD at the pre-application stage, applicants are strongly encouraged to submit the following information:

                                                         i.      Site Context Map.  This map illustrates the parcel in connection to its surrounding neighborhood.  Based upon existing data sources and field inspections, it should show various kinds of major natural resource areas or features that cross parcel lines or that are located on adjoining lands.  This map enables the Planning Board to understand the site in relation to what is occurring on adjacent properties.

                                                ii.      Existing Conditions/Site Analysis Map.  This map familiarizes officials with existing conditions on the property.  Based upon existing data sources and field inspections, this base map locates and describes noteworthy resources that should be left protected through sensitive subdivision layouts.  These resources included wetlands, riverfront areas, floodplains and steep slopes, but may also include mature un-degraded woodlands, hedgerows, farmland, unique or special wildlife habitats, historic or cultural features (such as old structures or stone walls), unusual geologic formations and scenic views in to and out from the property.  By overlaying this plan onto a development plan, the parties involved can clearly see where conservation priorities and desired development overlap and/or conflict.


Applicants are encouraged to request a site visit by the Planning Board and/or its agents in order to facilitate the pre-application review of the CCD.  If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health, and any other committee and/or Board with interest in the proposal.

 

b.            Formal Application:  The applicant for a CCD shall submit to the Planning Board a formal application for a Site Plan Approval and a definitive plan for subdivision approval, which includes an Overall Development Plan, and is otherwise in compliance with Rules and Regulations especially established by the Planning Board relative thereto.  The application shall be filed in the name of the record owner (s) of the parcel (s) to be developed.  The date of application shall be the date when filing is made with the Planning Board.

 

c.            Further Procedures:  The hearing and further proceedings regarding the application shall be in accordance with M.G.L.  Chapter 40A; M.G.L. Chapter 41, Section 81K et seq; and the Town of Natick By-laws.  The Planning Board may adopt Rules and Regulations for the proceedings under Section III-5.F, and in accordance with M.G.L. Chapter 41, Section 81A, and 81Q; and may waive strict compliance therewith,  in accordance with M.G.L. Chapter 41, Section 81R.

 

 

5.       CRITERIA:

 

Approval of the application for a Site Plan Approval and for subdivision approval to allow the construction of a CCD shall be granted only upon Planning Board determination that the plan is superior to a conventional subdivision plan.

 

a.            The following criteria shall be used to make the determination as to whether or not the plan is superior:

 

i.        The preservation and public accessibility of open space for conservation or recreation and other objectives outlined in the town’s current Open Space Plan;

 

ii.       The protection of significant large contiguous areas of natural features of the land; which would avoid the extensive topographic change necessitating vegetation and tree removal or earth removal;

 

iii.     The protection of historical or other significant features;

 

iv.     More efficient provision of street, utilities and other public services; and

 

v.      The provision of a diversity of dwelling unit styles, sizes, and architectural elements.

     

b.      Specific means of achieving these objectives include:

 

i.        Avoidance of frequent driveway openings onto through streets, or near street intersections;

 

ii.       Avoidance of extensive topographic change necessitating vegetation, earth and/or tree removal;

 

iii.     Preservation of scenic views from public ways;

 

iv.     Preservation of natural landscapes in large contiguous areas and corridors, which are visible from roadways and residences, enhancing the likelihood of the continuation of existing ecosystems and providing an interconnection to adjoining open spaces for both wildlife and public access;

 

v.      Accessibility of the Preserved Open Space to substantially all of the dwelling units and the public;

 

vi.     Variations in lot sizes, building styles, building sizes and building arrangements; and

 

vii.   Use of Preserved Open Space - to protect significant natural environment such as but not limited to ground water recharge areas; wetlands that provide flood protection; stream valleys; outstanding vegetation; woodland; field and wetland habitat; or scenic spots; and - to avoid development on geologically unsuitable land.

 

 

6.      NUMBER OF DWELLING UNITS:

 

The maximum number of dwelling units allowed in a CCD shall equal the “Net Usable Land Area” within the parcel divided by 13,500 square feet then rounded to the nearest whole number.  At least ten percent (10%) of this total number of dwelling units shall be affordable units as defined in Section III-5.F.10 herein.

 

As used herein, "Net Usable Land Area”: shall mean eighty percent (80%) of the resultant area obtained by subtracting the required preserved open space, as defined in Section III–5.F.12 from the gross land area of the overall development plan. Additionally, if the sum of the land area lying below the flood elevation and the wetland resource area, as defined in Section III–5.F.12, exceeds twenty five (25) percent of the gross land area of the parcel, then the Net Usable Land Area will further be reduced by the amount that this sum exceeds the twenty five (25) percent threshold.  Furthermore, if the overall development plan includes a recreational facility, all the land area dedicated to that facility will be deducted from the “net usable land area” for the purpose of calculating the maximum number of dwelling units.

 

 

7.      INTENSITY REGULATIONS

 

a.      Single -family structures shall be on lots having the following requirements:

 

                                                               i.      Minimum lot area                                                20,000 square feet

                                                             ii.      Continuous frontage                                               minimum of 120 feet

                                                            iii.      Minimum depth                                                125 feet

                                                           iv.      Minimum setback, front                                    30 feet with garage

                                                             v.      Minimum side-yard setback                        12 feet

                                                           vi.      Minimum rear-yard setback                        25 feet

                                                          vii.      Maximum building coverage                       20%

                                                        viii.      Maximum building height                                   2 & 1/2 stories or 35 feet

 

 

b.      Town Houses shall be built on separate Town House lot(s), if each lot contains at least 6,000 square feet of land for each dwelling unit built on that lot.  Access to the lot shall be built on a right of way, which will have at least fifty (50) feet of width.  All Town Houses shall be built at least fifty (50) feet from the exterior boundary of the Town House lot.  If the Town House lot abuts any portion of the exterior boundary of the overall development plan, the setback requirements of Section III-5.F.8a shall apply.

               

           

8.      Exceptions to the otherwise applicable Intensity  Regulations

 

a.      No building or parking shall be located within one hundred (100) feet of the boundaries of the Overall Development Plan unless the Planning Board determines that a lesser setback would be sufficient to visually screen or separate the development from adjacent property, however, under no circumstances will the setback be less than fifty (50) feet.

 

b.      No construction shall take place within the one hundred (100) year flood elevation except in conformity with the requirements of M.G.L. Chapter 131, Section 40, and procedures established by the Town for such areas pursuant to the National Flood Insurance Program (42 USC 4001-4128) and the regulations of the Secretary of Housing and Urban Development issued there under.

 

c.      Frontage need not exceed fifty (50) feet on any lot for a single family home providing a front building line is designated on the plan for such lot, and if the width of the lot at this building line is at least equal to the frontage otherwise required under this section.

 

d.      Indoor and outdoor recreational facilities intended for use by CCD residents of more than one dwelling unit shall be located on a separate lot containing no dwelling units. 

 

e.      The depth of the lots as delineated in Section III-5.F.7 (a) may be reduced, if in the opinion of the Planning Board that a waiver would improve the layout of the overall plan.

 

 

9.        AGE-QUALIFIED HOUSING UNITS

 

The age-qualified housing units shall be subject to an age restriction described in a deed, deed rider, restrictive covenant, or other document that shall be recorded at the Registry of Deeds or the Land Court.  The age restriction shall require at least one occupant in each age-qualified unit to be at least age 55; provide for reasonable, time-limited guest visitation rights; and authorize special exceptions as the Planning Board shall further define and specify in its special permit.  The age restriction shall run with the land in perpetuity and shall be enforceable by any or all of the owners of the aged qualified housing units. .

                       

 

10. AFFORDABILITY

 

It is mandatory that a percentage of dwelling units in a CCD be sold, rented, or leased at prices and rates that are affordable to low- and moderate-income individuals, as more specifically set forth in the following:

 

a.      Affordable Unit defined – The term affordable unit as used in this section shall refer to dwelling units, which are restricted to sale, lease or rental (1) to individuals within specific income and asset limitations, and (2) at specific price limits, both in accordance with provisions set forth in any State or Federal rental assistance programs, subsidy programs for reducing mortgage payments, or other programs that provide for affordable housing for low and moderate income individuals, and that are in effect at the time that the project application is made to the Planning Board.  Such housing units shall be provided for sale through the Natick Housing Corporation or any successor organization.

 

b.      Basic Affordability Component – At least 10% of the units in the CCD, to the nearest whole number, shall be affordable units.  None of the affordable units shall be age-qualified housing units.

 

c.      Affordability Standards – Subject to Planning Board approval, an applicant for a CCD special permit may utilize an available State or Federal assistance program or shall meet the affordable unit requirements by utilizing income and asset standards, and by establishing rents, leases, sales prices, entry fees, condominium fees, and other costs for individuals that are generally consistent with available affordable housing assistance programs.

 

d.      Affordability Restrictions – affordable units shall be maintained in perpetuity.  Each affordable unit shall be rented or sold to its initial and all subsequent buyers or tenants subject to deed riders, restrictive covenants, contractual agreements, or other mechanisms restricting the use and occupancy, rent levels, sales prices, resale prices, and other cost factors to assure their long term affordability.  These restrictions shall be in force for such maximum time as may be permitted under applicable state law governing such restrictions.  They shall be enforceable and renewable by the Town of Natick through standard procedures provided by applicable law.

 

i.         The Planning Board may require that the restrictions for affordable units contain a right of first refusal to the Town of Natick through the Board of Selectmen or its designee at the restricted resale value, and that the owner provides notice of such right of first refusal to the Town of Natick or its designee prior to selling or reselling the affordable unit with such reasonable time as the Planning Board may determine in its discretion for the town or its designee to exercise the right of first refusal.

 

ii.        Nothing in this Section shall be construed to cause eviction of an owner or tenant of an affordable unit due to loss of his/her income eligibility status during the time of ownership or tenancy.  Rather, the restrictions governing an affordable unit shall be enforced upon resale, re-rental, or re-lease of the affordable unit.  The mechanisms and remedies to enforce the restrictions governing an affordable unit upon resale, re-rental, or re-lease shall be set forth in its deed restrictions.

 

iii.      All contractual agreements with the Town of Natick and other documents necessary to insure the long term affordability of an affordable unit shall be executed prior to the issuance of any building permit under this option.

      

e.      The exterior of the affordable units shall be compatible with, and as much as possible indistinguishable from, market-rate dwelling units in the CCD development. 

 

f.        Local Preference – Unless otherwise regulated by an applicable Federal or State agency under a financing or other subsidy program, at least fifty percent (50%) of the affordable units shall be initially offered to residents and employees of the Town of Natick.

 

                                                               i.      Residency and employment in Natick shall be established through Town Clerk certification based on the Town Census, voter registration, or other acceptable evidence approved by the Town Clerk.

 

                                                             ii.      Purchaser/tenant selection – Procedures for the selection of purchasers and/or tenants shall be subject to approval by the Town of Natick or its designee.

 

                                                            iii.      These restrictions shall be in force for one hundred and twenty (120) days from the date of the first offering of sale or rental of a particular affordable unit.  The developer of the CCD shall make a diligent effort to locate eligible purchasers or renters for the affordable unit who meet the local preference criteria and the applicable income requirements or enter into a cooperative agreement with the Town of Natick.

 

 

11.  BUILDING DESIGN CRITERIA

 

All buildings and structures shall be designed, located and constructed to afford the following:

 

a.   Compatibility of architectural styles, scales, building materials and colors within the development;

 

b.      Variations in façade, roof lines and interior layouts of dwelling units, including the    design of units that are handicapped accessible;

 

c.      Harmonious relationship of buildings and structures to each other and their environs with adequate light, air, circulation, privacy and separation; and

 

d.      The capability for constant surveillance, orientation and recognition; to this end, and in lieu of providing conventional street lighting, individual building lot front yards and other areas along roadways not fronting building lots and approaches to common-use buildings and structures, shall be provided with architecturally compatible street-level-type lamp post lighting necessary to provide safety, security and visual indications, as determined by the Planning Board.

 

 

12. PRESERVED OPEN SPACE

 

In Comprehensive Cluster Developments, it is desired to create an environment in which large tracts of contiguous land are preserved for publicly accessible open space. Preserved open space must include at least twenty percent (20%) of the frontage on the roads servicing the CCD.  A portion of the preserved open space may be used as a common surrounded by a one-way road, in which event all of the road abutting such common will be counted as frontage for the purpose of fulfilling the foregoing requirement. 

 

For the purposes of this section, the preserved open space shall comprise not less than fifty (50) percent of the total land area of the parcel for which there is an Overall Development Plan and will not include rights of way for roads, detached single-family lots, Town House lots or recreational facilities as defined in Section III-5.F.3(c).  Also, land which is under an existing conservation restriction or agricultural, forest land, or recreational restriction, (APR or Chapter 61A,Chapter 61, Chapter 61B) may not be included in the preserved open space.  At least eighty percent (80%) of the dwelling units shall abut or be within five hundred (500') feet of the Preserved Open Space and all dwelling units shall have access via a public way or easement to such Preserved Open Space.  At least fifty percent (50%) of the Preserved Open Space shall not be primary zone wetlands or land within the 100-year flood elevation either as shown on the Townwide Drainage study maps or as delineated by a qualified wetland scientist.  All the Preserved Open Space shall be accessible to the general public and all of it shall be conveyed to and accepted by the Town of Natick under a Conservation Restriction pursuant to Article 97 Protection and to MGL Chapter 184 Conservation Restrictions, as amended.  The Special Permit authorizing the CCD shall further provide that the Preserved Open Space shall be:

 

a.      Conveyed to and accepted by the Town of Natick under a conservation restriction pursuant to M.G.L. Chapter 184, as amended;

 

b.      Conveyed to a non-profit organization, the principal purpose of

      which is the conservation of open space; or

 

c.      Conveyed to the owners of all the lots within the Overall Development Plan as tenants in common, provided that title to such open space and to the lots is not separately alienable; or

 

d.      Conveyed to a corporation or trust owned or to be owned, by the owners of the lots or residential units within the Overall Development Plan for recreation or conservation purposes, with each lot subject to a proportionate charge for its share of the reasonable and appropriate maintenance expenses.

 

e.      If method (b), (c), or (d) is elected, in addition, the Town shall be granted an easement or restriction over such parcel sufficient to ensure such parcel’s perpetual reservation for conservation, recreation or park land; and in the event the Town is required to expend funds for the reasonable and appropriate maintenance expenses of the Preserved Open Space, then each lot in the Overall Development Plan shall be subject to a proportionate charge for its share of such expenses.  No more than one method shall be elected for the Preserved Open Space within any Overall Development Plan, unless the Planning Board shall otherwise approve.

 

RECOMMENDATION:            The Finance Committee has NO RECOMMENDATION AT THE TIME OF THIS WRITING due to the timing of its public hearing (November 26, 2002) regarding the subject matter of Article 4. 

 

As mentioned in the Finance Committee narrative for Article 1, the Finance Committee will conduct the requisite public hearing on November 26, 2002, to review the subject matter of this article.  In an effort to provide Town Meeting Members with information gathered by the Finance Committee to date, we provide the following:

 

In a memorandum from Sarkis Sarkisian, Director Community Development, it was stated that “[t]he Planning Board recommends favorable action on Article 4 with amendments… The Planning Board will be attending the Finance Committee Public Hearing on these articles on Tuesday, November 26, 2002.”    

 

To those ends, we provide the Planning Board’s suggested amended language, so that town Meeting Members can prepare for deliberation and debate of this article.   Their suggested amended text is provided below in its entirety in bold Arial text format. 

 

Insert a new Section III-5.F after last paragraph of Section III-4.F to read as follows:

 

 

      III-5. F   COMPREHENSIVE CLUSTER DEVELOPMENT OPTION 

    

 

1.      PURPOSE AND INTENT:

 

            The Comprehensive Cluster Development (CCD) option is designed to help the Town maximize available land for open space, increase the amount of affordable housing, encourage the creation of handicapped accessible housing and provide both age-qualified housing and conventional housing while preserving Natick’s New England character.

 

This development alternative permits a more economical and efficient use of residential land than may be accomplished through standard subdivision development by: protecting the existing character of the landscape; introducing diversity into residential developments; and preserving more public open space for water supply, wetland, and other natural habitat, conservation, and recreation.  In addition, it reduces the typical costs of providing municipal services to residential developments. Such objectives may be obtained as an alternative or optional choice by a landowner in the Residential Single-B (RSB) District. 

 

Applicants can benefit from choosing this option because they are able to increase the density of their development over other available options in the RSB district.

 

 

2.      APPLICABILITY  

 

The Planning Board may grant a Special Permit, Site Plan Approval in accordance with Section VI-DD and VI-EE of these by-laws and subdivision approval in accordance with the subdivision rules and regulations adopted in accordance with the Subdivision Control Law, and other rules and regulations as adopted pursuant to Section III-5.F.4(c) herein, for the construction and occupancy of a CCD located in the RSB District, provided that the gross land area of the parcel is at least one million (1,000,000) square feet.  The applicant must either own or submit authorization in writing to act for all the owners of the lots comprising the parcel prior to submitting a formal application.

 

 

3.   PERMITTED AND ALLOWED USES

 

The Planning Board, acting as a Special Permit Granting Authority as hereinafter provided, may grant a special permit pursuant to the provisions of the By-Law and M.G.L. Chapter 40A for the following uses:

 

c.     Single family homes which meet the dimensional requirements of single family lots as stated in Section III-5.F.7(a) herein.

 

d.     Town Houses

 

c.            Indoor & outdoor tennis courts, swimming pools and other non-commercial recreational facilities with use restricted to residents of the CCD, including accessory structures necessary for appropriate non-commercial use and operation of such recreational facilities.

 

d.  The CCD may include age-qualified housing units.  . 

 

e.            The Planning Board may adopt regulations providing for the relative percentage mix of single family homes, age qualified housing units and Town Houses.

 

4.      PROCEDURES:

 

The procedures to be followed in obtaining approval for the CCD are:

 

b.     Pre-Application:  To promote better communication and to avoid misunderstanding, the applicant  shall request a pre-application review at a regular business meeting of the Planning Board.  If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health and any other Committee and/or Board with interest in the proposal.  The purpose of a pre-application review is to minimize the applicant’s costs of engineering and other technical experts and to commence negotiations with the Planning Board at the earliest possible  time in the development cycle.  At the pre-application review, the applicant may outline the proposal, seek preliminary feedback from the Planning Board and/or its technical experts, and  set a timetable for submittal of a formal application.  At the request and expense of the applicant, the Planning Board may engage technical experts to review the informal plans of the applicant and to facilitate submittal of a formal application  for a CCD Special Permit.

In order to facilitate review of the CCD at the pre-application stage, applicants are strongly encouraged to submit the following information:

                                                 i.      Site Context Map.  This map illustrates the parcel in  relation to its surrounding neighborhood.  Based upon existing data sources and field inspections, it should show various kinds of major natural resource areas or features that cross parcel lines or that are located on adjoining lands.  This map enables the Planning Board to understand the site in relation to what is occurring on adjacent properties.

                                               ii.      Existing Conditions/Site Analysis Map.  This map familiarizes officials with existing conditions on the property.  Based upon existing data sources and field inspections, this base map locates and describes noteworthy resources that should be left protected.  These resources included wetlands, riverfront areas, floodplains and steep slopes, but may also include mature un-degraded woodlands, hedgerows, farmland, unique or special wildlife habitats, historic or cultural features (such as old structures or stone walls), unusual geologic formations and scenic views into and out from the property.  By overlaying this plan onto a development plan, the parties involved can clearly see where conservation priorities and desired development overlap and/or conflict.


Applicants are encouraged to request a site visit by the Planning Board and/or its agents in order to facilitate the pre-application review of the CCD.             Formal Application:  The applicant for a CCD shall submit to the Planning Board a formal application for a Special Permit which includes a Final Site Plan in accordance with Section VI-DD.3,  and a definitive plan for subdivision approval, , and which is otherwise in compliance with Rules and Regulations especially established by the Planning Board relative thereto.  The application shall be filed in the name of the record owner (s) of the parcel (s) to be developed.  The date of application shall be the date when filing is made with the Planning Board.

 

c.            Further Procedures:  The hearings and further proceedings regarding the application shall be in accordance with M.G.L.  Chapter 40A; M.G.L. Chapter 41, Section 81K et seq.; and the Town of Natick By-laws.  The Planning Board may adopt Rules and Regulations for the proceedings under Section III-5.F, and in accordance with M.G.L. Chapter 41, Section 81A, and 81Q; and may waive strict compliance therewith, in accordance with M.G.L. Chapter 41, Section 81R.

 

 

5.       CRITERIA:

 

Approval of the  Comprehensive Cluster Development shall be granted only upon Planning Board determination that the plan is superior to a conventional subdivision plan.

 

a.            The following criteria shall be used to make the determination as to whether or not the plan is superior:

 

vi.   The preservation and public accessibility of open space for conservation or recreation and other objectives outlined in the town’s current Open Space Plan;

 

vii. The protection of significant large contiguous areas of natural features of the land; which would avoid  extensive topographic change necessitating vegetation and tree removal or earth removal;

 

viii.            The protection of historical or other significant features;

 

ix.   More efficient provision of street, utilities and other public services; and

 

x.     The provision of a diversity of dwelling unit styles, sizes, and architectural elements.

     

b.      Specific means of achieving these objectives include:

 

viii.            Avoidance of frequent driveway openings onto through streets, or near street intersections;

 

ix.   Avoidance of extensive topographic change necessitating vegetation, earth and/or tree removal;

 

x.     Preservation of scenic views from public ways;

 

xi.   Preservation of natural landscapes in large contiguous areas and corridors, which are visible from roadways and residences, enhancing the likelihood of the continuation of existing ecosystems and providing an interconnection to adjoining open spaces for both wildlife and public access;

 

xii. Accessibility of the Preserved Open Space to substantially all of the dwelling units and the public;

 

xiii.            Variations in lot sizes, building styles, building sizes and building arrangements; and

 

xiv.            Use of Preserved Open Space - to protect significant natural environment such as but not limited to ground water recharge areas; wetlands that provide flood protection; stream valleys; outstanding vegetation; woodland; field and wetland habitat; or scenic spots; and - to avoid development on geologically unsuitable land.

 

 

6.      NUMBER OF DWELLING UNITS:

 

The maximum number of dwelling units allowed in a CCD shall equal the “Net Usable Land Area” within the parcel divided by 13,500 square feet, then rounded to the nearest whole number.  At least ten percent (10%) of this total number of dwelling units shall be Affordable Housing units as defined in Section  200 herein (see also the definition of

Subsidized Housing).

 

As used herein, "Net Usable Land Area”: shall mean eighty percent (80%) of the resultant area obtained by subtracting the required preserved open space, as defined in Section III–5.F.12 from the gross land area of the  parcel. Additionally, if the sum of the land area lying below the 100-year flood elevation and the wetland resource area, as defined in Section III–5.F.12, exceeds twenty five (25) percent of the gross land area of the parcel, then the Net Usable Land Area will further be reduced by the amount that this sum exceeds the twenty five (25) percent threshold.  Furthermore, if the  Final Site Plan includes a recreational facility, all the land area dedicated to that facility will be deducted from the “net usable land area” for the purpose of calculating the maximum number of dwelling units.

 

 

7.      INTENSITY REGULATIONS

 

e.     Single -family structures shall be on lots having the following requirements:

 

                                                              i.      Minimum lot area                                                20,000 square feet

                                                            ii.      Continuous frontage                                    minimum of 120 feet

                                                          iii.      Minimum depth                                                125 feet *

                                                          iv.      Minimum setback, front                                    30 feet with garage

                                                            v.      Minimum side-yard setback                        12 feet

                                                          vi.      Minimum rear-yard setback                        25 feet

                                                        vii.      Maximum building coverage            20%

                                                      viii.      Maximum building height                        2 & 1/2 stories or 35 feet

* subject to waiver, see Section III-5.F.8e

 

c.     Town Houses shall be built on separate Town House lot(s) of at least 6,000 square feet..  Access to the lot shall be built  from a right of way,  having at least fifty (50) feet of width.  All Town Houses shall be built at least fifty (50) feet from the  rear lot line of the Town House lot.  If the Town House lot abuts any portion of the exterior boundary of the overall development plan, the setback requirements of Section III-5.F.8a shall apply.

               

           

8.      Exceptions to the otherwise applicable Intensity    Regulations

 

a.     No building or parking shall be located within one hundred (100) feet of the boundaries of the  parcel unless the Planning Board determines that a lesser setback would be sufficient to visually screen or separate the development from adjacent property, however, under no circumstances will the setback be less than fifty (50) feet.

 

b.     No construction shall take place within the one hundred (100) year flood elevation line except in conformity with the requirements of M.G.L. Chapter 131, Section 40, and procedures established by the Town for such areas pursuant to the National Flood Insurance Program (42 USC 4001-4128) and the regulations of the Secretary of Housing and Urban Development issued  thereunder.

 

c.     Frontage need not exceed fifty (50) feet on any lot for a single family home providing a front building line is designated on the plan for such lot, and if the width of the lot at this building line is at least equal to the frontage otherwise required under this section.

 

d.     Indoor and outdoor recreational facilities intended for use by CCD residents of more than one dwelling unit shall be located on a separate lot containing no dwelling units. 

 

e.     The depth of the lots as delineated in Section III-5.F.7 (a) may be reduced, if in the opinion of the Planning Board that a waiver would improve the layout of the overall plan.

 

 

9.        AGE-QUALIFIED HOUSING UNITS

 

The age-qualified housing units shall be subject to an age restriction described in a deed, deed rider, restrictive covenant, or other document that shall be recorded at the Registry of Deeds or the Land Court.  The age restriction shall require at least one occupant in each age-qualified unit to be at least age 55; provide for reasonable, time-limited guest visitation rights; and authorize special exceptions as the Planning Board shall further define and specify in its special permit.  The age restriction shall run with the land in perpetuity and shall be enforceable by any or all of the owners of the aged qualified housing units.

                       

 

10. AFFORDABILITY

 

It is mandatory that a percentage of dwelling units in a CCD be sold, rented, or leased at prices and rates that are affordable to low- and moderate-income individuals, as more specifically set forth in the following:

 

g.     Affordable  Housing  shall be determined in accordance with the definition of Subsidized Housing found in Section 200.  All Affordable Housing  units that are built shall be provided for sale through the Natick Housing Corporation or any successor organization, as determined by the Planning Board.

 

h.     Basic Affordability Component – At least 10% of the units in the CCD, to the nearest whole number, shall be  Affordable Housing units.  None of the  Affordable Housing units shall be age-qualified housing units.

 

i.        Affordability Standards – Subject to Planning Board approval, an applicant for a CCD special permit may utilize  any available State or Federal assistance program or shall meet the affordable unit requirements by utilizing income and asset standards, and by establishing rents, leases, sales prices, entry fees, condominium fees, and other costs for individuals that are generally consistent with available  Affordable Housing assistance programs.

 

j.        Affordability Restrictions – affordable units shall be maintained in perpetuity.  Each affordable unit shall be rented or sold to its initial and all subsequent buyers or tenants subject to deed riders, restrictive covenants, contractual agreements, or other mechanisms restricting the use and occupancy, rent levels, sales prices, resale prices, and other cost factors to assure their long term affordability.  These restrictions shall be in force for such maximum time as may be permitted under applicable state law governing such restrictions.  They shall be enforceable and renewable by the Town of Natick through standard procedures provided by applicable law.

 

i.         The Planning Board may require that the restrictions for affordable units contain a right of first refusal to the Town of Natick  at the restricted resale value, and that the owner provides notice of such right of first refusal to the  Planning Board prior to selling or reselling the affordable unit with such reasonable time as the Planning Board may determine in its discretion  is needed to exercise the right of first refusal.

 

ii.       Nothing in this Section shall be construed to cause eviction of an owner or tenant of an  Affordable Housing unit due to loss of his/her income eligibility status during the time of ownership or tenancy.  Rather, the restrictions governing an  Affordable Housing unit shall be enforced upon resale, re-rental, or re-lease of the affordable unit.  The mechanisms and remedies to enforce the restrictions governing an  Affordable Housing unit upon resale, re-rental, or re-lease shall be set forth in its deed restrictions.

 

iii.     All contractual agreements with the Town of Natick and other documents necessary to insure the long term affordability of an affordable unit shall be executed prior to the issuance of any building permit under this option.

      

k.     The exterior of the affordable units shall be compatible with, and as much as possible indistinguishable from, market-rate dwelling units in the CCD development. 

 

l.        Local Preference – Unless otherwise regulated by an applicable Federal or State agency under a financing or other subsidy program, at least fifty percent (50%) of the affordable units shall be initially offered to residents and employees of the Town of Natick.

 

                                                          iv.      Residency and employment in Natick shall be established through Town Clerk certification based on the Town Census, voter registration, or other acceptable evidence approved by the Town Clerk.

 

                                                            v.      Purchaser/tenant selection – Procedures for the selection of purchasers and/or tenants shall be subject to  regulations adopted by the Planning Board.

 

These restrictions shall be in force for one hundred and twenty (120) days from the date of the first offering of sale or rental of a particular affordable unit.   

 

11.  BUILDING DESIGN CRITERIA

 

All buildings and structures shall be designed, located and constructed to afford the following:

 

a.     Compatibility of architectural styles, scales, building materials and colors within the development;

 

b.     Variations in façade, roof lines and interior layouts of dwelling units, including the design of units that are handicapped accessible;

 

c.     Harmonious relationship of buildings and structures to each other and their environs with adequate light, air, circulation, privacy and separation; and

 

d.     The capability for constant surveillance, orientation and recognition; to this end, and in lieu of providing conventional street lighting, individual building lot front yards and other areas along roadways not fronting building lots and approaches to common-use buildings and structures, shall be provided with architecturally compatible street-level-type lamp post lighting necessary to provide safety, security and visual indications, as determined by the Planning Board.

 

 

12. PRESERVED OPEN SPACE

 

In Comprehensive Cluster Developments, it is desired to create an environment in which large tracts of contiguous land are preserved for publicly accessible open space. Preserved open space must include at least twenty percent (20%) of the frontage on the roads servicing the CCD.  A portion of the preserved open space may be used as a common surrounded by a one-way road, in which event all of the road abutting such common will be counted as frontage for the purpose of fulfilling the foregoing requirement. 

 

For the purposes of this section, the preserved open space shall comprise not less than fifty (50) percent of the total land area of the parcel for which there is  a Final Site Plan and will not include rights of way for roads, detached single-family lots, Town House lots or recreational facilities as defined in Section III-5.F.3(c).  Also, land which is under an existing conservation restriction or agricultural, forest land, or recreational restriction, (APR or Chapter 61A, Chapter 61, Chapter 61B) may not be included in the preserved open space.  At least eighty percent (80%) of the dwelling units shall abut or be within five hundred (500') feet of the Preserved Open Space and all dwelling units shall have access via a public way or easement to such Preserved Open Space.  At least fifty percent (50%) of the Preserved Open Space shall not be primary zone wetlands or land within the 100-year flood elevation either as shown on the Town wide Drainage study maps or as delineated by a qualified wetland scientist.  All the Preserved Open Space shall be accessible to the general public .  The Special Permit authorizing the CCD shall further provide that the Preserved Open Space shall be protected in accordance with one of the following methods, chosen by the developer:

 

f.       Conveyed to and accepted by the Town of Natick under a conservation restriction pursuant to M.G.L. Chapter 184, as amended;

 

g.     Conveyed to a non-profit organization, the principal purpose of

      which is the conservation of open space; or

 

h.     Conveyed to the owners of all the lots within the  CCD as tenants in common, provided that title to such open space and to the lots is not separately alienable; or

 

i.        Conveyed to a corporation or trust owned or to be owned, by the owners of the lots or residential units within the  CCD for recreation or conservation purposes, with each lot subject to a proportionate charge for its share of the reasonable and appropriate maintenance expenses.

 

If method (b), (c), or (d) is elected, in addition, the Town shall be granted an easement or restriction over such parcel sufficient to ensure such parcel’s perpetual reservation for conservation, recreation or park land; and in the event the Town is required to expend funds for the reasonable and appropriate maintenance expenses of the Preserved Open Space, then each lot in the  CCD shall be subject to a proportionate charge for its share of such expenses.  No more than one method shall be elected for the Preserved Open Space within any  CCD, unless the Planning Board shall otherwise approve.

 

MOTION:

 

A Motion will be available before the commencement of 2002 Special Town Meeting #2 (12/3/02).

 

 

ARTICLE 5

(Milton E. Gilbert, et al)

 

To see if the Town will vote to amend the Natick By-Laws as follows, or otherwise act thereon.

 

Item 1:                        In ARTICLE 3 PROCEDURE AT TOWN MEETINGS, Section 1, Rules of Procedure, insert the following sentence at the end of the existing paragraph:

 

“The Moderator shall recuse himself and not preside over the discussion of any article in which the Moderator has a financial interest, or which he has drafted or participated in its drafting, or in which he has any other equitable interest.”

 

Item 2:                        In ARTICLE 3 PROCEDURE AT TOWN MEETINGS, Section 10, Appointing Committees, insert the following sentence at the end of the first sentence:

 

             “The Moderator shall not appoint himself as a member of any committee.”

 

RECOMMENDATION:            The Finance Committee has NO RECOMMENDATION AT THE TIME OF THIS WRITING due to the timing of its public hearing (November 26, 2002) regarding the subject matter of Article 5. 

 

The Finance Committee will conduct a public hearing on November 26, 2002 to review the subject matter of this article.

 

MOTION:

 

A Motion will be available before the commencement of 2002 Special Town Meeting #2 (12/3/02).

 

 

ARTICLE 6   

(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 2003 (July 1, 2002 to June 30, 2003), and to see what budgets for Fiscal 2003 will be reduced to offset said additional appropriations, or take any action relative thereto.  

 

RECOMMENDATION:            The Finance Committee recommends NO ACTION with regard to the subject matter of Article 6. 

 

The purpose of this article is to supplement and/or amend the various Fiscal Year (hereafter “FY”) 2003 operating budgets. 

 

As mention in the Finance Committee cover letter, in consideration of warrant articles Article 6 through Article 12 the Finance Committee discussed and reviewed the disposition of revenues and expenditures for Fiscal Year 2003.  Specifically, that discussion and review focused on the Fiscal Year 2002 certified Free Cash.  We also provided a comprehensive Summary Report on Free Cash.  We urge Town Meeting members to review our cover letter and report, before deliberation, discussion and debate of this article and Articles 7 through Article 12.

 

It is our understanding that the Town Administrator has requested no action with regard to the subject matter of this article and Articles 7 through Article 11.  In addition, we understand that the Board of Selectmen have also voted to recommend that Town Meeting take no action under this article and Articles 7 through Article 12.  The Finance Committee concurs with the Town Administrator’s request and the Board of Selectmen’s vote.

 

The Town Administration should be available to answer any questions that Town Meeting members may have regarding this article and Articles 7 through Article 12.

 

 

 

ARTICLE 7

(Town Administrator)

 

To see if the Town will vote to appropriate a sum of money from available funds for the purpose of supplementing the stabilization fund under Article 22 of the warrant for Annual Town Meeting of 1961, as authorized by Chapter 40, Section 5B of the General Laws, as amended, or otherwise act  thereon.

 

RECOMMENDATION:            The Finance Committee recommends NO ACTION with regard to the subject matter of Article 7. 

 

Normally, the purpose of this article is to appropriate funds into the Stabilization Fund of the Town.  Similarly, as indicated to Town Meeting during Fall Annual Town Meeting, the Finance Committee is not recommending appropriation under this article.  In addition to the Finance Committee’s recommendation, the Town Administrator and Board of Selectmen both recommend not taking any action with regard to the subject matter of this article.

 

These three recommendations concur that it is prudent at this time to forego any appropriations from existing reserve funds (e.g. Free Cash) under this article, taking into account the uncertainties we face in the coming fiscal years’ budgets.  Please refer to the narrative provided under Article 6 herein for details regard the Town’s budget, Free Cash and other related fiscal issues.

 

 

ARTICLE 8

(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.

 

RECOMMENDATION:            The Finance Committee recommends NO ACTION with regard to the subject matter of Article 8. 

 

The purpose of this article is to fund various capital equipment requests.  Normally, the Finance Committee recommends funding under this article in the Fall of each year to fulfill those capital equipment needs of the Town’s departments.  Similarly, as indicated to Town Meeting during Fall Annual Town Meeting, the Finance Committee is not recommending appropriation under this article.  In addition to the Finance Committee’s recommendation, the Town Administrator and Board of Selectmen both recommend not taking any action with regard to the subject matter of this article.

 

These three recommendations concur that it is prudent at this time to forego any appropriations from existing reserve funds (e.g. Free Cash) under this article, taking into account the uncertainties we face in the coming fiscal years’ budgets.  Please refer to the narrative provided under Article 6 herein for details regard the Town’s budget, Free Cash and other related fiscal issues.

 

 

 

ARTICLE 9

(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.

 

RECOMMENDATION:            The Finance Committee recommends NO ACTION with regard to the subject matter of Article 9. 

 

Normally, the purpose of this article is to fund various Town capital improvement requests.  Similarly, as indicated to Town Meeting during Fall Annual Town Meeting, the Finance Committee is not recommending appropriation under this article.  In addition to the Finance Committee’s recommendation, the Town Administrator and Board of Selectmen both recommend not taking any action with regard to the subject matter of this article.

 

These three recommendations concur that it is prudent at this time to forego any appropriations from existing reserve funds (e.g. Free Cash) under this article, taking into account the uncertainties we face in the coming fiscal years’ budgets.  Please refer to the narrative provided under Article 6 herein for details regard the Town’s budget, Free Cash and other related fiscal issues.

 

 

ARTICLE 10

(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.

 

RECOMMENDATION:            The Finance Committee recommends NO ACTION with regard to the subject matter of Article 10. 

 

The purpose of this article is to fund various Town leases and or repairs of equipment under the control and management of Town departments.  Similarly, as indicated to Town Meeting during Fall Annual Town Meeting, the Finance Committee is not recommending appropriation under this article.  In addition to the Finance Committee’s recommendation, the Town Administrator and Board of Selectmen both recommend not taking any action with regard to the subject matter of this article.

 

These three recommendations concur that it is prudent at this time to forego any appropriations from existing reserve funds (e.g. Free Cash) under this article, taking into account the uncertainties we face in the coming fiscal years’ budgets.  Please refer to the narrative provided under Article 6 herein for details regard the Town’s budget, Free Cash and other related fiscal issues.

 

 

ARTICLE 11

(Morse Institute Library Trustees)

 

To see if the Town will vote to raise and appropriate, or otherwise provide, a sum or sums of money for staffing to restore hours at the Morse Institute Library, or otherwise act thereon.

 

RECOMMENDATION:            The Finance Committee recommends NO ACTION with regard to the subject matter of Article 11. 

 

The purpose of this article is to appropriate funding for Morse Institute Library staffing to restore the operational hours to previous levels. 

 

The Finance Committee heard testimony from a citizen petitioner, members of the pubic, the town administration and MIL personnel.  One common thread through these speakers’ comments and Finance Committee members’ debate was that there is an apparent need for additional hours of MIL operations, and that those hours are important in MIL’s provision of purported needs of the community using the Morse Institute Library.  However, the facts surrounding future budgetary constraints and related State Aid decreases weighed greatly on the debate of this article by the Finance Committee.

 

The Finance Committee is pleased to report that the Town Administrator, MIL representatives and Bacon Free Library representatives have discovered a creative method to fund a portion ($6,000.00) of the Bacon Free Library Budget, so that MIL may reconstitute its Sunday hours.  Department heads should be available to explain such in greater detail.

 

The Finance Committee received a memorandum, dated November 18, 2002, from the Morse Institute Library Director.  That memorandum pointed to three considerations as to why MIL was not pursuing funding under this article.  They are 1) uncertainties regarding the State and municipal fiscal picture for FY2004, 2) the Town Administrator’s request to forego funding until a town-wide budget plan for FY2004 is developed; and, 3) the lack of existing staff to perform additional hours of service, which would cause MIL to hire additional personnel during a town-wide hiring freeze.  Taking those factors into account and other factors regarding the prudence of funding this request at this time, the Finance Committee concurred with their position for no action.

 

ARTICLE 12

(John R. Culkin, et al)

 

To see what sums of money the Town will vote to raise and appropriate, or transfer from available funds or otherwise provide, to hire additional personnel for the Morse Institute Library, and to see what budgets for Fiscal 2003 will be reduced to offset said additional appropriations, or take any action relative thereto.

 

RECOMMENDATION:            The Finance Committee has NO RECOMMENDATION with regard to the subject matter of Article 12. 

 

This article is a citizen petition presented for the purpose of appropriating funds, by reducing other town budgets or raising funds by other means, which would permit the Morse Institute Library (MIL) to hire additional personnel and fund such hiring.   

 

The Finance Committee heard testimony from a citizen petitioner, members of the pubic, the town administration and MIL personnel.  One common thread through these speakers’ comments and Finance Committee members’ debate was that there is an apparent need for additional hours of operation at the MIL, and that such hours are important in the MIL’s provision of the necessary level of services that the community expects.  However, as indicated in the narrative under Article 1 and Article 11, the facts surrounding future budgetary constraints and related future State Aid decreases weighed greatly on the Finance Committee’s debate of this article.

 

A citizen petitioner spoke to the proposed funding source to fulfill the additional MIL hours by reducing appropriations that Town Meeting made last spring.  Specifically, the speaker proposed that funding be provided from the savings realized by the conversion of intra-town department communications from T1 and fractional T1 line for hire to the newly constructed institutional network (I-Net) provided by RCN Corporation.  As Town Meeting members may remember, the conversion of these town communication transmissions from the T1 lines to the I-Net has an effect of decreasing annual operational budgetary costs.  However, these decreased costs could not be readily identified by budget.  It remains unclear if these funds can be clearly identified at this time.  In addition, these funds were contemplated as an offset to reduce the borrowing for the I-Net equipment.  Department heads should be available to expand upon this matter.

 

Other points raised by supporters of funding under this article included the initial plan to use the MIL as additional meeting places, the increased use of MIL facilities during poor economic times, the use of MIL facilities and services by public school children, the increases in traffic and circulations, and the town-wide services provided by MIL, among other things. 

 

As indicated under the narrative for Article 11 above, the Finance Committee received a memorandum, dated November 18, 2002, from the Morse Institute Library Director.  Taking those factors into account among other things, MIL withdrew its request for funding under Article 11.  The Town Administrator concurred with MIL’s decision not to seek funding, but added that such budget considerations under this article should be considered when reviewing the entire budget. 

 

In contemplating sponsor and public input under this article, the Finance Committee debated three motions: 1) favorable action funding $50,000.00 from Free Cash, 2) favorable action funding $10,500.00 from Free Cash; and, referral to the Town Administrator.  None of these motions garnered 8 affirmative votes to make a recommendation under this article.  In summary motion 1) received a vote of 0-11-0, motion 2) received a vote of 5-6-0 and motion 3) receive a vote of 6-5-0.  Pursuant to the Natick By-laws, a majority vote of the Finance Committee members (8 members) is required to make a recommendation to Town Meeting.  Thus, the Finance Committee has no recommendation regarding this article, at this time.