 Town
Meeting info
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| Fall 2003 Annual
Town Meeting Warrant |
ARTICLE
1 Omnibus Budget FY04
(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 2004
(July 1, 2003 to June 30, 2004), and to see what budgets for Fiscal 2004
will be reduced to offset said additional appropriations, or take any action
relative thereto.
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ARTICLE
2 Capital Equipment
(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.
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ARTICLE
3 Capital Improvement
(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.
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ARTICLE
4 Capital Improvement – Natick Public Schools
(Natick Public Schools)
To see if the Town will vote
to raise and appropriate, or otherwise provide, a sum or sums of money
to implement a Capital Improvement Program, to protect the physical infrastructure
of the Natick Public Schools, or otherwise act thereon.
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ARTICLE
5 Relining Water Main – Union St., Summer St., Pond Street
(Town Administrator)
To see if the Town will vote
to raise and appropriate, or otherwise provide, a sum of money as may be
required to implement the cleaning and relining of approximately 20,000
feet of water main in Union Street, Summer Street and Pond Street and sections
of streets adjacent thereto; and to determine whether this appropriation
shall be raised by borrowing or otherwise; or otherwise act thereon.
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ARTICLE
6 Town Forest & Broads Hill Water Storage Reservoir Updates
(Town Administrator)
To see if the Town will vote
to raise and appropriate, or otherwise provide, a sum of money as may be
required to install a chemical feed facility and instrumentation, electrical
and ventilation improvements at the Town Forest and Broads Hill water storage
reservoir sites, and to determine whether the appropriation shall be raised
by borrowing, or otherwise; or otherwise act thereon.
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ARTICLE
7 Lease Repair
(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.
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ARTICLE
8 Collective Bargaining Settlements
(Town Administrator)
To see if the Town will vote
to raise and appropriate, or otherwise provide, the funds necessary to
implement the Terms of Agreements reached between the Town and the following
collective bargaining units:
a) SEIU Local
888 AFL-CIO (Dispatchers)
b) Natick Patrol Officers
Association
c) International Brotherhood
of Police Officers, Local 622
d) Local 1116 Laborers’
International Union
e) Local 1116 Laborers’
International Union, Clerical Workers
f) Local 1116 Laborers’
International Union, Recreation & Human Services Employees
g) Local 1116 Library
h) Local 1707 Firefighters
i) Natick Deputy Chiefs
Association
j) Natick Supervisors
and Administrators Association
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ARTICLE
9 Collective Bargaining Settlements – Natick Public Schools
(Natick Public Schools)
To see if the Town will vote
to raise and appropriate, or otherwise provide the funds necessary to implement
the Terms of Agreement reached between the Natick School Committee and
the following collective bargaining units:
a) Education
Association of Natick – Unit A Teachers, Unit B Administrators and Unit
C Nurses
b) Education Association
of Natick – Educator Support Personnel
c) MTA Secretaries
and Clerks Unit
d) Laborers International
Union Local 1116 Maintenance and Custodial Unit
e) Non-represented
personnel
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ARTICLE
10 Personnel Board
(Town Administrator)
To see if the Town, pursuant
to the authority contained in Section 108A of Chapter 41 of the General
Laws, will vote to amend the by-laws by adding to Article 24, Section 3,
a new paragraph deleting certain position titles, adding new position titles
and effecting changes in the salary ranges as presently established and
will provide the money necessary therefore, or take any action relative
thereto.
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ARTICLE
11 Unpaid Bills
(Town Administrator)
To see if the Town will vote
to raise and appropriate, or otherwise provide such sums of money as may
be required for the payment of unpaid bills of previous years, incurred
by the departments, boards and officers of the Town of Natick, or otherwise
act thereon.
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ARTICLE
12 Free Cash to Reduce Tax Rate
(Town Administrator)
To see if the Town will vote
to authorize and direct the Board of Assessors to take a sum of money from
Surplus Revenue - Free Cash to reduce the tax levy for the current fiscal
year.
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ARTICLE
13 Home Rule Petition – Club Licenses Regulation Change
(Board of Selectmen)
To see if the Town will vote
to authorize the Board of Selectmen to petition the General Court to enact
legislation in substantially the following form, provided that the General
Court may reasonably vary the form and substance of the requested legislation
within the scope of the general public objectives of this petition.
AN ACT RELATIVE TO
THE SALE OF ALCOHOLIC BEVERAGES
OR WINES AND MALT BEVERAGES
TO BE DRUNK ON THE
PREMISES OF CLUBS OR
WAR VETERANS’ ORGANIZATIONS
IN THE TOWN OF NATICK
Be it enacted by the Senate
and House of Representatives in General Court assembled, and by the authority
of the same as follows:
SECTION 1.
Notwithstanding the provisions of section twelve of Chapter 138 of the
General Laws, or any other general or special law to the contrary, with
respect to any club which is licensed under section twelve of Chapter 138
of the General Laws to sell alcoholic beverages, or only wines and
malt beverages, as the case may be, the local licensing authority of the
town of Natick may, under said license, subject to the approval of the
Alcoholic Beverages Control Commission, and irrespective of any limitation
of number of licenses contained in section seventeen of Chapter 138 of
the General Laws, allow a function or fund raising activity held at the
licensed premises or any part thereof to serve food and serve liquor to
persons other than members of said club, to be consumed on the licensed
premises, provided that such function is sponsored by a member of said
club, and subject to such conditions as said local licensing authority
may impose, and subject to regulations made by said local licensing authority.
SECTION 2.
Notwithstanding the provisions of section twelve of Chapter 138 of the
General Laws, or any other general or special law to the contrary, with
respect to any corporation the members of which are war veterans which
is licensed under section twelve of Chapter 138 of the General Laws to
sell alcoholic beverages, or only wines and malt beverages, as the case
may be, the local licensing authority of the town of Natick may, under
said license, subject to the approval of the Alcoholic Beverages Control
Commission, and irrespective of any limitation of number of licenses contained
in section seventeen of Chapter 138 of the General Laws, allow a function
or fund raising activity held at the licensed premises or any part thereof
to serve food and serve liquor to persons other than members of said corporation,
to be consumed on the licensed premises, provided that such function is
sponsored by a member of said corporation, and subject to such conditions
as said local licensing authority may impose, and subject to regulations
made by said local licensing authority.
SECTION 3.
This act shall take effect upon its passage.
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ARTICLE
14 School Street Extension – Improvement/Acceptance
(Board of Selectmen)
To see what sum of money
the Town will vote to appropriate for the purpose of certain drainage and
pavement improvements, including the acquisition of any easements, to the
unaccepted portions of School Street Extension and Colburn Street in the
Town of Natick; to determine whether said appropriation shall be raised
by borrowing or otherwise; to determine what portion of said improvements
are to be borne by betterments in accordance with applicable Massachusetts
law and Natick Town By-Laws; and, further to see if the Town will vote
to accept said portions of School Street Extension and Colburn Street conditioned
on completion of said drainage and pavement improvements; or otherwise
act thereon.
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ARTICLE
15 Street Acceptance – Carter Drive, Jacqueline Circle
(Board of Selectmen)
To see if the Town will vote
to accept the following streets and appurtenant easements as laid out and
filed with the Town Clerk, and as shown on the street acceptance plans
on file with the Town Clerk:
Carter Drive
Jacqueline Circle
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ARTICLE
16 Citizen Petition – Clubhouse Lane, Saddle Brook Road Sewer
(David D’Angelis, et al)
Shall this Town approve the
request of residents and registered voters of Clubhouse Lane and Saddle
Brook Road to perform betterment cost study to install a forced main sewer
trunk lines and lateral links. We the voters and residents do hereby
request the Town of Natick implement this estimate.
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ARTICLE
17 Citizen Petition – Trash Pickup
(Ian Bayne, et al)
To see if the Town will vote
to amend Article 10 of the Town of Natick By-Laws by adding a new Section
5, which reads:
Section 5: Waste
Removal
The Selectmen shall provide
and maintain under their care and supervision, some suitable method for
free public disposal for the inhabitants of the town to deposit ashes,
cinders, papers and other refuse and rubbish in accordance with such rules
and regulations as the Selectmen may from time to time make. |
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ARTICLE
18 Citizen Petition – School Bus Fee Policy
(Anthony P. Lista, et al)
To see if the Town will vote
to revise the Natick School’s busing policy with regard to the $500 family
cap to include all citizens of the community in the “capping” policy without
regard for special conditions, or take any other action relative thereto.
Purpose
To take action to change
the current busing policy which excludes certain members of the community
from the “cap maximum”.
Rationale
The current policy is not
uniform, fair or equitable to citizens of our community.
The current bus policy requires
a $250/per student bus fee for students who live 2 or more miles from the
school. The policy further provides a per family cap of $500, for
the fee-based bus service provided for students who use a single bus to/from
a single ride location, regardless of the number of family members who
require bus services. i.e. a family with 4 children who require bus
services would pay the same fee as a family with 2 children
Exceptions to this family
cap are:
a.
Families in shared custodial parental arrangements are required to pay
an extra $125 per student for each additional bus ride needed.
b.
Families who require drop offs or pickups for daycare or other family matters,
are required to pay an extra $125 per student for each additional bus ride
needed.
Note: A Shared custody
arrangement with 2 children or a family requiring alternative care arrangements
for 2 children would be required to pay $750, $250 more than a family with
4 children.
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ARTICLE
19 Authorization to Purchase State Surplus Land – Speen Street
(Board of Selectmen)
To see if the Town will vote
to authorize the Board of Selectmen to acquire two parcels of land owned
now or formerly by the Commonwealth of Massachusetts containing approximately
1.09 acres, located at the southwesterly corner of the intersection of
Speen Street and Route 9; to see what sum of money the Town will vote to
appropriate for the purposes of this article; to determine how said appropriation
shall be raised, whether by transfer from available funds, borrowing or
otherwise; to see if the Town will vote to authorize the Board of Selectmen
to apply for and receive on behalf of the Town grants, gifts or donations
for the purposes of this article from federal, state or private sources;
to authorize the Board of Selectmen to execute all documents and to take
any action necessary to accomplish the purposes of this article; or otherwise
act thereon.
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ARTICLE
20 Acquisition of Land – Morency Street
(Town Administrator)
To see if the Town will vote
to authorize the Board of Selectmen to grant to the Town of Framingham
a conservation restriction, on such terms as the Board of Selectmen determines
to be in the best interests of the Town of Natick, regarding a portion
of a parcel of land located off Morency Street and Pumpkin Pine Road in
Natick. Said parcel of land contains approximately fourteen and one-half
(14.5) acres, is shown on the Town of Natick Assessors’ Maps as Map 39,
Lot 32A, and is presently owned by the Town of Framingham. Approximately
thirteen (13) acres of said parcel would be conveyed to the Town of Natick
by a gift for conservation purposes subject to the foregoing conservation
restriction; or otherwise act thereon.
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ARTICLE
21 Amend Zoning By-Laws: Design Review Board
(Planning Board)
To see if the Town will vote
to amend Section III-E – Downtown Mixed Use District, DM of
the Town of Natick Zoning By-Laws
by creating a new section
4 after III-E.3.f to read as follows, or otherwise act thereon:
| 4. DESIGN REVIEW BOARD
A. PURPOSE
It is the intent of this
Section to provide detailed review of exterior alterations made to structures
having substantial impact on the Natick Downtown Mixed Use District, to
prevent blight, to enhance the natural and aesthetic qualities of the Downtown,
to conserve the value of land and buildings, and to protect and preserve
the historic and cultural heritage of the Downtown and its surrounding
neighborhoods.
B. DESIGN REVIEW BOARD
COMPOSITION
For the purposes of this
Section III-E.4, the Design Review Board shall be appointed by the Planning
Board and the Natick Board of Selectmen to consist of five (5) Town residents
as follows:
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A member of the Planning Board
or designee,
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A person appointed by the Planning
Board qualified by training and experience in Landscape design,
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A person appointed by the Planning
Board qualified by training and experience in Architecture design,
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A person appointed by the Board
of Selectmen who serves on the Historic Commission,
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A person appointed by the Board
of Selectmen who serves on a Downtown Business organization.
Members shall serve for three
(3) years or until their successors are appointed.
C. AUTHORITY AND SPECIFIC
POWERS
The Design Review Board shall
review requests for sign permits, new construction, or any other exterior
alterations or modifications to a building, with the exception of single-
and two-family dwellings, that require a building permit. It shall evaluate
such requests based on Part D – Design Criteria of this section. Approval
from this Design Review Board must be granted before issuance of a building
permit. A written determination must be made within thirty (30) days after
the filing of the application or such further time as the applicant may
in writing allow. Its findings, along with any restrictions and/or conditions,
shall be submitted in writing to the Special Permit Granting Authority.
These comments may also be incorporated in the recommendations of the Planning
Board to the Special Permit Granting Authority. All decisions and reports
of the Design Review Board shall be advisory only.
D. DESIGN CRITERIA
The Design Review Board shall
review requests for Special Permits under this Section based on the following
standards:
1.
Preservation and enhancement of landscaping. The landscape shall
be preserved in its natural state, insofar as practicable, by minimizing
tree and soil removal, and any grade changes shall be in keeping with the
general appearance of neighboring developed areas.
2.
Relation of buildings to environment. Proposed development shall
be related harmoniously to the terrain and to the use, scale, and architecture
of existing buildings in the vicinity that have functional or visual relationship
to the proposed building. Proposed buildings shall be related to
their surroundings with respect to:
a. height
b. street façade
c. rhythm of solids
and voids
d. spacing of buildings
or signs
e. materials, textures,
and color
f. roof slopes
g. scale
3.
Open space. All open space (landscaped and usable) shall be designed
to add to the visual amenities of the area by maximizing its visibility
for persons passing the site or overlooking it from nearby properties.
4.
Signs and advertising devices. The size, location, design, color,
texture, lighting, and materials of signs and advertising devices shall
be in harmony with significant architectural features of existing and proposed
buildings and structures and with surrounding properties.
5.
Heritage. Removal or disruption of historic, traditional or significant
uses, structures, or architectural elements shall be minimized insofar
as practicable, whether these exist on the site or on adjacent properties.
E. DESIGN GUIDELINES HANDBOOK
The Design Review Board shall
publish and make available to the public on request a booklet of guidelines
based on the specific Design Criteria cited in Part D to effectuate the
purposes of this Section.
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ARTICLE
22 Amend Zoning By-Laws: Housing Overlay District
(Board of Selectmen)
To see if the Town of Natick
will amend its Zoning By-Laws by creating a new overlay district, Housing
Overlay Option Plan (HOOP) by amending the Town of Natick Zoning By-Laws
in the following manner:
ITEM 1: Rewrite Section
108 – PURPOSE OF AFFORDABLE HOUSING DEVELOPMENT PROGRAM to read as
follows:
| Within the purposes expressed
in Section 100 and in Massachusetts General Laws Chapter 40A, the particular
intent of these By-Laws relating to the elective inclusionary overlay zoning
in all residential districts and the Housing Overlay Option Plan (HOOP)
district is to increase the production of housing units affordable to persons
of low and moderate income. Affordable housing may be created by
employing the incentives offered under these overlay zoning districts which
is intended to encourage utilization of the Town’s remaining developable
land in a manner consistent with local housing policies and needs, and
to encourage new housing developments to contain a proportion of the housing
units affordable to persons of low and moderate income by offering bonuses
of increased density to encourage the creation of such housing. Accordingly,
the goals of this development program are to: increase the supply of housing
in the Town that is available to and affordable by low and moderate
income households; to encourage a greater diversity of housing accommodations
to meet the needs of family households and other Town residents; and to
promote a reasonable mix and distribution of housing opportunities in residential
neighborhoods throughout the Town. |
ITEM 2: Add the following
to the end of Section II-A. Types of Districts:
“Housing Overlay
Option Plan (HOOP)”
ITEM 3: Insert a new Section
II-B.7.d. to follow Section II-B.7.c., to read as follows:
7.d. There shall be
a Housing Overlay Option Plan (HOOP) District within the following described
areas:
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BEGINNING at a point located at the intersection of Washington Avenue and
Middlesex Avenue and proceeding in an easterly direction along Middlesex
Avenue to the intersection with North Main Street; thence turning and proceeding
in a northerly direction along North Main Street to the intersection of
Mechanic Street; thence turning and proceeding in a westerly direction
along Mechanic Street, extended to the centerline of the CSX Rail Line
tracks; thence turning and proceeding in a northerly direction approximately
165 feet along the railroad to LaGrange Street, extended; thence turning
and proceeding in a westerly direction along LaGrange Street to the intersection
of Washington Avenue; thence turning and proceeding in a southerly direction
along Washington Avenue to the point of BEGINNING.
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BEGINNING at a point located at the intersection of Washington Street and
South Avenue and proceeding in an easterly direction along South Avenue
to the intersection of South Avenue and Dewey Street; thence turning and
proceeding to the southwesterly corner of Assessor’s Map 44, Lot 312; thence
proceeding along the southerly boundary of said parcel (approximately 238
feet); thence turning in a northerly direction following along the eastern
boundary of said parcel (approximately 137 feet); thence turning in a westerly
direction following along the northern boundary of said parcel and continuing
in a westerly direction along the southern boundary of land now or formerly
owned by the CSX Rail Road Corporation for approximately 590 feet; thence
turning in a northerly direction, crossing the railroad, for approximately
210 feet, along the western boundary of Assessor’s Map 44, Lot 399; thence
turning in a westerly direction along North Avenue to the intersection
of Washington Street; thence turning in a southerly direction along Washington
Street to the point of BEGINNING.”
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ITEM 4: Insert a new
section III-A.6.B- to follow III-A.6.A-6- to read as follows:
B- HOUSING OVERLAY
OPTION PLAN (HOOP)
1.
PURPOSE
The purpose of this overlay
district is to enhance the public welfare by increasing the production
of Dwelling units affordable to persons and households of Low-income and
moderate-income. In order to encourage utilization of the Town’s remaining
developable land in a manner consistent with local housing policies and
needs, the Town encourages new housing developments to contain a proportion
of the dwelling units affordable to persons or households of low-income
and moderate-income. The new district is a proactive approach to reducing
“sprawl” and can be considered “smart growth” by developing land that is
underutilized and is located in an urban center downtown Natick with public
transportation. The Town of Natick also encourages MGL Chapter 40B development
to take place in this district. Accordingly, the provisions of this Section
are designed:
a. To increase
the supply of housing in the Town of Natick that is available to and Affordable
by low-income and Moderate-Income households;
b. To encourage a greater
diversity of housing accommodations to meet the diverse needs of Families
and other Town residents;
c. To promote a reasonable
mix and distribution of housing opportunities in residential neighborhoods
and in downtown Natick.
d. To help people who,
because of rising land and housing prices, have been unable to obtain suitable
housing at an affordable price.
2.
APPLICABILITY
The provisions of this section
may be utilized by any new development located within the Housing Overlay
Option Plan (HOOP) district, subject to the requirements and standards
set forth in this Section.
The Housing Overlay Option
Plan (HOOP) is defined and bounded as shown on the Town of Natick Zoning
Map as the Housing Overlay Option Plan (HOOP) district. This district consists
of two locations in downtown Natick.
Said Housing Overlay Option
Plan (HOOP) is superimposed over all districts established by this Bylaw
and the regulations related to the Housing Overlay Option Plan (HOOP) district
are in addition to all other regulations set forth in this By-Law. Where
requirements and standards within the Housing Overlay Option Plan (HOOP)
district, as set forth in this section differ from or conflict with the
requirements and standards of the remainder of the By-Law, the requirements
and standards established for the Housing Overlay Option Plan (HOOP) shall
prevail.
The Housing Overlay Option
Plan (HOOP) includes parcels of land which are not located in a residential
district and where residential uses are not otherwise allowed. For the
purpose of utilizing the provisions of this section to generate affordable
housing, but under no other circumstances, residential uses shall be permitted
on such parcels. All dimensional provisions shall also be set forth under
this section
3. NUMBER OF DWELLING
UNITS
The maximum number of dwelling
units allowed in the Housing Overlay Option Plan (HOOP) district with lots
having required frontage on Middlesex Avenue, North Avenue, and South Avenue
shall equal the “Net Land Area” within the parcel divided by 2500 square
feet then rounded to the nearest whole number. At least twelve percent
(12%) 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 herein).
The maximum number of dwelling
units allowed in the remaining areas of the Housing Overlay Option Plan
(HOOP) district shall equal the “Net Land Area” within the parcel divided
by 3,500 square feet then rounded to the nearest whole number. One affordable
housing unit per development shall be provided 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 gift in the amount of five percent
(5%) of the sale price of all/each unit to the Town of Natick to be used
by the Town for affordable housing purposes, all subject to the approval
of the Special Permit Granting Authority.
4.
INTENSITY REGULATIONS
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Minimum lot area |
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10,500 square feet |
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Continuous frontage |
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minimum of 50 feet |
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Minimum depth |
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100 feet |
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Minimum setback, front |
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15 feet |
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Minimum side-yard setback |
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5 feet |
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Minimum rear-yard setback |
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5 feet |
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Maximum building coverage |
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50% |
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Maximum building height |
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3½ stories or 40
feet |
5.
AFFORDABILITY
It is mandatory that a percentage
of dwelling units in the (HOOP) district be sold, rented, or leased at
prices and rates that are affordable to low-income and moderate-income
individuals, as more specifically set forth in the following:
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 similar
organization, as determined by the Planning Board.
Basic Affordability Component
– At least 12% of the units in the (HOOP) district, rounded to the nearest
whole number, shall be for Affordable Housing units unless otherwise stated.
Affordability Standards –
Subject to Special Permit Granting Authority, an applicant for a (HOOP)
special permit may utilize any available State or Federal assistance program
or shall meet the Affordable Housing 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.
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.
The Special Permit Granting
Authority may require that the restrictions for affordable units contain
a right of first refusal to the Town of Natick or its designee at the restricted
resale value, and that the owner provides notice of such right of first
refusal to the Special Permit Granting Authority or its designee prior
to selling or reselling the affordable unit with such reasonable time as
the Special Permit Granting Authority may determine in its discretion for
the town or its designee is necessary to exercise the right of first refusal.
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 Housing 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.
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.
The exterior of the affordable
units shall be compatible with, and as much as possible indistinguishable
from, market-rate dwelling units in the HOOP district development.
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
Housing units shall be initially offered to residents and employees of
the Town of Natick. 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.
Purchaser/tenant selection
– Procedures for the selection of purchasers and/or tenants shall be subject
to regulations adopted by the Special Permit Granting Authority .
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.
6.
BUILDING DESIGN CRITERIA
All buildings and structures
shall be approved by the Design Review Board and 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
Special Permit Granting Authority.
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ARTICLE
23 Amend Town By-Laws: Use of Recreational Conveyances
(Police Chief)
To see if the Town will vote
to amend the Town of Natick By-Laws by adding a new Article 53, which reads:
Article 53
USE OF RECREATIONAL CONVEYANCES
Section 1
Prohibited Areas of Use
Recreational conveyances,
both motorized and non-motorized, including, but not limited to, scooters,
skateboards, roller skates, and roller blades may not be used or operated
in, on or upon any building owned by the Town of Natick or the stairs and
grounds of a building owned by the Town of Natick, except grounds specifically
designated for recreational use or operation. Such recreational conveyances
may not be used or operated upon any private building or land where the
owner or other person in control of the property has posted a notice prohibiting
such use or operation.
Section 2
Hazardous Use Or Operations Prohibited
No person shall use or operate
any such recreational conveyance in, on or upon any public way, sidewalk,
parking area, or private property where such use or operation is permitted,
in such a way that a hazard is created for pedestrians or vehicles.
For purposes of this by-law, a hazard exists when a reasonable person could
conclude that an injury to a person or damage to property would result
from the use or operation of these conveyances in the manner observed.
Section 3
Penalty
Any person using or operating
a recreational conveyance in a prohibited area or in a hazardous manner
shall be assessed a fine of twenty-five dollars ($25.00) for a first offense,
and fifty dollars ($50.00) for second and subsequent offenses.
Section 4
Severability
In the event that any provision
of this by-law is determined to be illegal or invalid by final judgment
of a court of competent jurisdiction, the remaining provisions shall continue
in effect to the extent permitted by law; |
Or otherwise act thereon.
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ARTICLE
24 Amend Town By-Laws: Special Rules for the Motion to Dissolve
(Joshua Ostroff, et al)
To see if the Town will vote
to amend Article 3 of the Town of Natick By-Laws in order to delete or
modify special rules pertaining to the motion to dissolve. Currently,
such special rules (1) permit a motion to dissolve to be in order when
there may be unfinished business at Town Meeting and (2) raise the quantum
of vote to dissolve above the standard specified in the Town’s parliamentary
manual, Town Meeting Time.
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ARTICLE
25 Home Rule Petition – Baby Safe Haven
(Board of Selectmen)
To see if the Town will vote
to authorize the Board of Selectmen to petition the General Court to enact
legislation in substantially the following form, provided that the General
Court may reasonably vary the form and substance of the requested legislation
within the scope of the general public objectives of this petition.
AN ACT RELATIVE TO
THE SAFE PLACEMENT OF
NEWBORNS AND INFANTS
IN THE TOWN OF NATICK
Whereas, the General Court
finds and declares that a serious public emergency exists with respect
to the safety and health of newborns and infants in the town of Natick
due to parents that abandon them; and
Whereas, unless parents of
newborns or infants are not protected from prosecution for their abandonment
of a newborn or infant then the incidents of newborns discarded into trash
receptacles or abandoned in public places will continue to occur; and
Whereas, the serious public
emergency should be met by the Commonwealth of Massachusetts immediately,
with due regard for the rights and responsibilities of the Town of Natick.
Therefore this act is declared
to be in the public interest.
Section 1. Acceptance
of Newborns and Infants Placed by Parents or Lawful Agents of Parents with
Authorized Employees of Designated Facilities,
Notwithstanding the provisions
of any general or special law to the contrary and in order to promote the
public good, the Massachusetts department of social services (“department”)
shall accept for placement into foster care any newborn or infant child
seven (7) days of age or younger (“newborn or infant” or “child”) that
is voluntarily placed with a hospital emergency room licensed under general
laws chapter 111, section 51 in the Town of Natick, police station in the
Town of Natick, or fire station in the Town of Natick (individually, “designated
facility” and collectively, “designated facility”) by a parent of a newborn
or infant or by a lawful agent of said parent. A voluntary placement
under these provisions shall not constitute an automatic termination of
parental rights or an abrogation of parental rights or responsibilities
but shall, for purposes of authorizing the department to initiate a petition
to terminate parental rights under general laws chapter 210, be presumed
to be an abandonment of the newborn or infant that has been so placed.
A designated facility receiving a newborn or infant shall immediately notify
the department of the placement of a newborn or infant notice the department
shall take physical custody of the newborn or infant immediately and shall
initiate all actions authorized by law to achieve the safety and permanency
of the newborn or infant in a manner that is consistent with the best interests
of the child; provided however, that if the newborn or infant is in need
of emergency or other medical care, the department shall not take immediate
physical custody of the child until such care has been fully administered
and completed to the hospital emergency room’s satisfaction. The
department shall develop and implement a protocol of communication and
procedure to facilitate the placement of and provide for the custody and
care of a newborn or infant so placed. If a person claiming to be
a parent or lawful agent of a parent of a newborn or infant who has been
left with a designated facility submits a request to the department for
reunification with the newborn or infant, the department shall institute
the procedures currently authorized by law to identify, contact, and investigate
such person or agent in order to determine, pursuant to the applicable
provisions of law, if reunification is in the best interests of the child,
or if it is in the best interests of the child to have the parental rights
of the parent terminated.
Each hospital emergency room
in the town of Natick shall designate all members of the emergency room
nursing staff employees authorized (“authorized employee”) to take physical
custody of a newborn or infant under these sections, and one (1) such nurse
shall be on duty during regular business hours. Each hospital emergency
room shall designate an area in the emergency room where physical custody
of a newborn or infant may be taken. Each police station in the town
of Natick and fire station in the town of Natick shall, to the greatest
practical extent that does not interfere with the primary functions of
the police station or fire station designate individual staff members on
each shift as employees authorized (“authorized employee”) to take physical
custody of a newborn or infant under these sections.
Authorized employees at designated
facilities shall make every effort to solicit the following information
from the parent or lawful agent who is placing the newborn or infant: (1)
the name of the child, (2) the name and address of the parent placing the
child, (3) name and address of the parent absent from the placement of
the child for the purposes of notification and protection the absent parent’s
constitutional rights with regard to parenting, (4) name and address of
the person leaving the child, if not a parent, (5) the location of the
child’s birthplace, (6) the medical histories of the child and parents
including, but not limited to, birth and medical records, if available,
and (7) any other information that might reasonably assist the department
or the courts of the Commonwealth in current and future determinations
of the best interests of the child, including whether or not the parent
plans to seek future custody of the child. The authorized employee
receiving the newborn or infant shall encourage the parent or lawful agent
of the parent to provide the requested information in order to ensure that
the child’s best interests are served, but the parent or lawful agent is
not required to provide such information. The department and the
designated facilities shall maintain copies of forms and records, if any,
collected or created as a result of placements made under these sections,
and shall adhere to all applicable laws, rules and regulations regarding
the confidentiality of such forms and records provided, however, that all
information pertaining to the medical history of the newborn or lawful
agent shall be forwarded by the designated facilities to the department
in order to facilitate the safe and permanent placement of a child by the
department.
Authorized employees shall
provide the parent or lawful agent with a numbered identification bracelet.
The bracelet shall be used to link the parent to the child for identification
purposes only and shall not be construed to authorize the person in possession
of the bracelet to take custody of the child on demand. If parental
rights have not been terminated, possession of a bracelet linking the parent
or agent to a newborn or infant left with an authorized employee shall
create a rebuttable presumption that the parent or lawful agent has standing
to participate in a custody hearing for the child but shall not create
a presumption of maternity, paternity or custody.
Section 2. Placement
of Newborns and Infants by Parents or Lawful Agents of Parents with Authorized
Employees of Designated Facilities.
The act of leaving an unharmed
newborn or infant under the age of seven (7) days with an authorized employee
of a designated facility does not, by itself, constitute a basis for a
finding of abuse or neglect of the child pursuant to the laws of the commonwealth,
nor does it, by itself, constitute a violation of criminal statutes for
child abuse and neglect or for abandonment under general laws chapter 119,
section 39 when there is additional evidence that the person who left the
child intended that the child be safe from physical injury or harm.
If there is suspected child abuse or neglect that is not based solely on
the newborn or infant having been left with an authorized employee of a
designated facility in compliance with these sections, the personnel of
the designated facilities who are mandated reporters under general laws,
chapter 119, section 51A must report the abuse or neglect.
Section 3. Information
Program
Subject to appropriation,
the department shall prepare a public information program regarding the
procedures stated in these sections and other procedures as determined
by the department, including, but not limited to, the development of a
pamphlet describing the procedures. The department shall also work
in conjunction with other departments and agencies of the commonwealth
and the departments and agencies of the town of Natick to develop an interdepartmental
and intergovernmental information campaign regarding the procedures required
by these sections. Information contained in the pamphlet shall include,
but not be limited to, (1) an explanation of the process described herein,
(2) rights and responsibilities of parent(s) and extended family members,
(3) the legal consequences of placement of a newborn or infant into foster
care, (4) relevant telephone numbers of the department or its agents or
other methods of communication with the department, (5) statutory procedures
pertinent to determining the best interests of the child, including the
procedures relative to the termination of parental rights, reunification
with the parent(s) and adoption, (6) family preservation services available
from the department, and (7) any other information deemed relevant by the
department.
The pamphlet shall be given
to the parent or lawful agent of the parent at the time a newborn or infant
is left at a designated facility. The department and the town of
Natick shall explore the possibility of expending funds received from the
United States Department of Health and Human Services pursuant to the Promoting
Safe and Stable Families Program, as most recently amended by the Promoting
Safe and Stable Families Act of 2001, in order to implement the public
information program required by this section and to alleviate the burden
said information program may have on the department’s appropriation from
the commonwealth.
Section 4. Report.
The department, in conjunction
with a designee from (1) the town of Natick, (2) the Juvenile Court, (3)
the Probate and Family Court (4) the Center for Adoption Research at the
University of Massachusetts, (5) Massachusetts Families for Kids, (6) the
Children’s Trust Fund, (7) the Alliance for Young Families, and (8) the
Office of Child Care Services, shall submit a report analyzing the overall
effectiveness of this act. The report shall include, but not be limited
to, (1) an analysis of the effectiveness of these sections in decreasing
the number of newborns or infants that suffer abandonment in an unsafe
manner within the town of Natick, (2) the department’s success or failure
in permanently placing newborns or infants left with a designated facility
pursuant to this act through the adoption process, (3) the average length
of time that newborns or infants remain in foster care after having been
so placed, (4) any issues arising from the termination of parental rights
following the acceptance of a child by a designated facility, (5) the success
or failure of any public information campaign implemented by the department
pursuant to these sections, (6) an analysis of any increased administrative
burdens placed upon any department or agency of the commonwealth or department
or agency of the town of Natick as a result of the passage of these sections,
(7) an analysis of issues affecting the eligibility of a newborn or infant
placed pursuant to this act for federal entitlements such as foster care
or adoption subsidies under Title IV-E of the United States Social Security
Act or any other applicable federal law, and (8) the frequency and completeness
with which a parent or lawful agent of a parent leaving a newborn or infant
at a designated facility supplies said facility with the information sought
by said facility pursuant to Section 1of this act, and any negative effects
that the lack of background information or medical history for the child
or parents may have had on the temporary or permanent placement of the
newborn or infant through the foster care or adoption process. The
report, including any associated legislative recommendations, shall be
submitted to the governor of the commonwealth, the general court of the
commonwealth, the town administrator of the town of Natick, and the board
of selectmen of the town of Natick no earlier than the third anniversary
of the date of the passage of these sections and no later than the fourth
anniversary of the date of the passage of these sections.
Section 5. Harmonious
Construction.
This act shall be construed
harmoniously with any other general or special law such that all such legislation
effectively provides the greatest level of safety for newborns and infants
and the greatest level of equity and fairness to parents and lawful agents.
Section 6. Severability.
If any provision of these
sections of the application of such provision to any person or circumstance
shall be held invalid, the validity of the remainder of these sections
and the applicability of such provision to other persons or circumstances
shall not be affected thereby.
Section 7. Effective
Date.
This act shall take effect
upon its passage. |
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