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Spring 2005 town meeting warrant 

Town Meeting info
FinCom Recommendations in PDF:
Recommendations - Record of Votes
 

Town Meeting Update 

  • Town Meeting began on Tuesday, April 12, 2005.
  • The first session passed Article 1 and Motions A through D of Article 2 (FY  2006 Budget).
  • Session 2 on Thursday, April 14, 2005 passed the remainder of Article 2 and continued through Article 10.
  • Session 3, on Tuesday, April 19, spent considerable time debating whether to reconsider of Article 1 motion C, and decided not to. Town Meeting continued as far as Article 25 and, in the end,  voted in accordance with all Finance Committee recommendations .
  • Session 4, on Thursday, April 21, was spent primarily in discusison of Article 31, which would fund the planning for a new Senior Center.  Two substitute motions were discussed, one by Rick Jennett and one by Joan Craig, both of which expanded senior center discussion to include a community center.  Ms. Craig's motion was adopted and is summarized briefly below.
  • The final session, on Tuesday, April 26, got through the remaining motions, including referring the controversial matter of removing the Police and Fire chief positions from civil service.
  • The exact text of the Motions that were passed can be found in the Finance Committee Recommendations and Supplemental Recommendations
Annual Spring Town Meeting Warrant 
Article Title [linked to each warrant article] Outcome*
1 Omnibus Budget Fiscal 2005 4/12/05 - Passed
2 Omnibus Budget Fiscal 2006 4/12/05 & 4/14/05 - Passed
3 Collective Bargaining:  Fiscal 2004 – Police, Dispatchers 4/26/05 - No action
4 Collective Bargaining:  Fiscal 2005 – Police, Dispatchers 4/26/05 - Appropriated $64,722.48 for FY05 and $148,176 for FY06 to implement terms of agreement reached with Police union, using money from Free Cash
5 Elected Officials Salary 4/14/05 - Passed
6 Morse Institute Library 4/14/05 - Passed
7 Bacon Free Library 4/14/05 - Passed
8 Personnel Board 4/14/05 - Passed
9 Title V Assistance Program 4/14/05 - Passed
10 Hebrew Cemetery Association:  Use of Lots 141 & 142 Fairview Ave 4/14/05 - Passed
11 Board of Assessors:  Increase Personal Exemption 4/19/05 - Passed
12 Adjustment FY05 Retirement System Funding 4/19/05 - No action
13 School Bus Transportation 4/19/05 - Passed
14 Amend Bond Authorization:  Clubhouse Lane, Saddlebrook Road 4/19/05 - Passed
15 Council on Aging Revolving Fund 4/19/05 - Passed
16 Conservation Wetlands Revolving Fund 4/19/05 - Passed
17 Surplus Vehicle Revolving Fund 4/19/05 - Passed
18 Unpaid Bills 4/19/05 - No action
19 Lease/Repair 4/19/05 - No action
20 Fire Chief:  Increase to Annual Fire Alarm Master Box Fee 4/19/05 - Passed (FinCom motion in Supplementary Recommendations)
21 Commission on Disability:  Increase Allocation of Handicapped Parking Fines & Provide for Handicap Improvements 4/19/05 - Passed
22 Increase in Handicapped Parking Violation Fees 4/19/05 - No action
23 Sewer Betterment – Natick Mall 4/19/05 - Passed
24 Amend Zoning By-Laws:  Noncriminal Disposition of Violations of Planning Board and Zoning Board of Appeals Decisions
4/19/05 - Passed
25 Amend Zoning By-Laws:  Increase in Fines 4/19/05 - Passed
26 Amend Zoning By-Laws:  Natick Mall Project 4/21/05 - No action
27 Street Acceptance:  Whitridge Road 4/21/05 - No action
28 Capital Equipment 4/21/05 - Passed
29 Capital Improvement 4/21/05 - Passed
30 Capital Improvement – Schools 4/21/05 - No action
31 Planning and Constructing of New Senior Center 4/21/05 - Passed a substitute motion offered by Joan Craig to appropriate $250,000 from free cash to support a committee to evaluate new Senior Center as well as Community and Recreation facilities in combination with Senior Center and providing design development of such facilities
32 Major Capital Project Review Committee 4/26/05 - No action
33 Home Rule Petition:  Removal of Police Chief Position from Civil Service 4/26/05 - Passed motion by Rich Sidney, with two amendments, to refer matter to Personnel Board and Board of Selectmen for definition of process for selection of Police Chief to replace civil service process, including necessary changes to Town Bylaws and Charter and report on methods used in comparable communities.
34 Home Rule Petition:  Removal of Fire Chief Position from Civil Service 4/26/05 - Passed same motion as Article 33 related to Fire Chief
35 Citizen Petition:  Increase Senior Exemption Eligibility 4/26/05 - Referred to Board of Selectmen and Finance Committee
36 Citizen Petition:  Increase Tax Work Program Limit 4/26/05 - No action
37 Moderator:  Referrals at Previous Meetings 4/26/05 - No action
38 Citizen Petition:  Reinstatement of Public Works Commissioners 4/26/05 - Indefinite Postponement (vote 67-54) on motion to refer to a study committee composed of 7 to 10 citizens
39 Citizen Petition:  Community Preservation Act Study Committee 4/26/05 - Passed FinCom motion (see Supplementary Recommendations), with amendments to increase size of study committee to 12-14 and add one person each nominated by the Youth Advisory Board and the Board of Assessors
40
Town Meeting Member Handbook Revision Committee 4/26/05 - Passed
41
Committee Article 4/26/05 - No action

* Unless otherwise specified, the motion passed is substantially the same as the motion stated in the
Finance Committee Recommendations and Supplemental Recommendations.  In some cases, this motion is far more specific than the text of the Warrant Article contained on this page.
 

Town Meeting info
Spring 2005 Annual Town Meeting Warrant
ARTICLE 1 Omnibus Budget Fiscal 2005
(Town Administrator)

To determine what sum or sums of money the Town will appropriate and raise, or transfer from available funds, for the operation of the government of the Town of Natick, including debt and interest, and to provide for a reserve fund for Fiscal Year 2005 (July 1, 2004 to June 30, 2005), or take any action relative thereto.


ARTICLE 2 Omnibus Budget Fiscal 2006
(Town Administrator)

To determine what sum or sums of money the Town will appropriate and raise, or transfer from available funds, for the operation of the government of the Town of Natick, including debt and interest, and to provide for a reserve fund for Fiscal Year 2006 (July 1, 2005 to June 30, 2006), and to see what budgets for Fiscal 2006 will be reduced to offset said additional appropriations, or take any action relative thereto.


ARTICLE 3 Collective Bargaining:  Fiscal 2004 – Police, Dispatchers
(Town Administrator)

To see if the Town will vote to raise and appropriate, or otherwise provide, the funds necessary to implement the Terms of Agreements reached between the Town and the following collective bargaining units for Fiscal 2004:


ARTICLE 4 Collective Bargaining:  Fiscal 2005 – Police, Dispatchers
(Town Administrator)

To see if the Town will vote to raise and appropriate, or otherwise provide, the funds necessary to implement the Terms of Agreements reached between the Town and the following collective bargaining units for Fiscal 2004:


ARTICLE 5 Elected Officials Salary
(Town Administrator)

To see if the Town will vote to fix the salary and compensation of all elective officers of the Town of Natick for the fiscal year which begins on July 1, 2005 as provided by Section 108 of Chapter 41 of the General Laws, as amended.


ARTICLE 6 Morse Institute Library
(Morse Institute Library Trustees)

To see what sums of money the Town will vote to raise and appropriate, or otherwise provide, for the maintenance and operation of the Morse Institute Library, for the Fiscal Year July 1, 2005 to June 30, 2006.


ARTICLE 7 Bacon Free Library
(Bacon Free Library Trustees)

To see what sum of money the Town will vote to raise, borrow or transfer and appropriate for the maintenance of the Bacon Free Library, or otherwise act thereon.


ARTICLE 8 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.


ARTICLE 9 Title V Assistance Program
(Board of Health)

To see if the Town will vote to appropriate a sum of money for the purpose of financing the following water pollution abatement facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements with the Board of Health and residential property owners, including without limitation all costs thereof as defined in Section1 Chapter 29C of the General Laws; to determine whether this appropriation shall be raised by borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise, or to take any other action relative thereto.


ARTICLE 10  Hebrew Cemetery Association:  Use of Lots 141 & 142 Fairview Ave
(Town Administrator)

To see if the Town will vote, pursuant to Chapter 114, Section 34 of the Massachusetts General Laws, to allow the land located at 43 Fairview Avenue, Natick, MA., to be used for burial purposes.  Said land is described in a deed from the Town of Natick by the Natick Board of Selectmen to the Hebrew Cemetery Association, Inc. dated May 22, 2000 and recorded with the Middlesex South District Registry of Deeds at Book 31437, Page 409.  Said land is shown on Town of Natick Assessors’ Map 59 as parcel 40 and is shown as Lots 141 and 142 on a plan of land entitled “Plan of Land in Natick, Massachusetts (Middlesex County) Prepared For:  Hebrew Cemetery Assoc., Inc.” dated October 6, 2004, prepared by Schofield Brothers of New England, Inc., which plan is recorded with the Middlesex South District Registry of Deeds as Plan Number 96 of 2005;

or otherwise act thereon.


ARTICLE 11  Board of Assessors:  Increase Personal Exemption
(Board of Assessors)

To see if the Town will vote to increase the Personal Exemption Amounts by 22.5% under the provisions of Chapter 126 of the Acts of 1988 which provides for “Optional Additional Property Tax Exemptions” allowing an annually determined, uniform increase in the amount of exemption in General Laws, Chapter 59 Section 5 Clauses 17D, 22, 22A, 22B, 22C, 22D, 22E, 37A and 41C (elderly person, disabled veteran, or blind person).


ARTICLE 12  Adjustment FY05 Retirement System Funding
(Town Administrator)

To see if the Town will vote to appropriate the unused balance of sums appropriated for the purpose of closing out and capping the landfill and related work and engineering services by vote of the April, 1994 Annual Town Meeting under Article 12, by vote of the October, 1996 Annual Town Meeting under Article 12, by vote of the December, 1998 Special Town Meeting under Article 5, and by vote of the April, 1999 Annual Town Meeting under Article 12 for the purposes of planning and constructing a municipal golf course which shall be partially in the Town of Sherborn, including the acquisition of any interest in land necessary therefore, the construction of a building, and the cost of original equipment and furnishings in connection therewith;

Or otherwise act thereon.


ARTICLE 13 School Bus Transportation
(School Committee)

To see what sum of money the Town will vote to appropriate for the purpose of operation and administration of the school bus transportation system, and to reduce or offset fees charged for students who elect to use the school bus transportation system for transportation to and from school; or otherwise act thereon.


ARTICLE 14 Amend Bond Authorization:  Clubhouse Lane, Saddlebrook Road
(Town Administrator)

To see if the Town will vote to amend the vote of the Town passed under Article 13 of the October 19, 2004 Annual Fall Town Meeting which appropriated and authorized a borrowing of $352,000 to construct a system of sewer mains, lateral lines, trunk mains, and pump stations to service the areas of Clubhouse Lane and Saddlebrook Road, to reduce the amount of the borrowing to $262,000 and provide that $90,000 shall be transferred from available funds; or take any other action relative thereto.


ARTICLE 15 Council on Aging Revolving Fund
(Council on Aging)

To see if the Town will vote to accept the provisions of Chapter 44, Section 53E l/2 of the Massachusetts General Laws which allows towns to authorize separate revolving funds to which shall be credited receipts received in connection with the programs supported by such revolving fund.  The Council on Aging would establish a revolving fund for a subsidized transportation program with receipts credited to this revolving fund, expended by the Council on Aging Director with oversight by the Council on Aging and not to exceed $15,000 expenditures in a fiscal year.


ARTICLE 16 Conservation Wetlands Revolving Fund
(Town Administrator)

To see if the Town will vote, pursuant to Chapter 44, Section 53E l/2 of the Massachusetts General Laws, to establish a revolving fund in order to utilize fees paid to the Conservation Commission by applicants pursuant to the Natick Wetlands Protection By Law for the purpose of hiring consultants; to authorize the Conservation Commission to expend money from said revolving fund for consultant services regarding applications to the Conservation Commission under Chapter 131, Section 40 of the Massachusetts General Laws and under the Natick Wetlands Protection By Law; to establish a limit on the total amount which may be expended from such fund in the fiscal year beginning July 1, 2005;

or otherwise act thereon.


ARTICLE 17 Surplus Vehicle Revolving Fund
(Town Administrator)

To see if the Town will vote, pursuant to Chapter 44, Section 53E l/2 of the Massachusetts General Laws, to establish a revolving fund in order to utilize revenue from the sale of surplus vehicles to fund the purchase of vehicles and equipment at auction; to authorize the Department of Public Works, with the approval of the Town Administrator, to expend money from said revolving fund for the purchase of vehicles and equipment at auction; and to limit the total amount which may be expended from such fund to $15,000 for the fiscal year  beginning on July 1, 2005 or to act otherwise thereon.


ARTICLE 18 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.


ARTICLE 19 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.

ARTICLE 20  Fire Chief:  Increase to Annual Fire Alarm Master Box Fee
(Fire Chief)

To see if the Town Meeting would approve an increase to the annual fire alarm master box fee.  Increase the current fee of $150.00 to $300.00 or otherwise act thereon.


ARTICLE 21  Commission on Disability:  Increase Allocation of Handicapped Parking Fines & Provide for Handicap Improvements
(Commission on Disability)

To see if the Town will vote to increase from 75% to 100% the amount of monies allocated to the Commission on Disability as the result of fines generated from violations of handicapped parking laws

And further

To see if the Town will vote to appropriate and raise, or otherwise provide a sum of money not to exceed $5,500 for the purchase and installation of audio tactile push button walk signals at various intersections in Natick, curb cuts and access route installations and repairs, and to provide for disability awareness/educational materials to be used with the public and private sector or otherwise act thereon.


ARTICLE 22  Increase in Handicapped Parking Violation Fees
(Commission on Disability)

To see if the Town in accordance with Massachusetts General Laws, Chapter 40:  Section 22A, will vote to raise the amount of fines for handicapped parking violations in the following amounts:



ARTICLE 23  Sewer Betterment – Natick Mall
(Town Administrator)

To see if the Town will amend Article 71 of the General By-laws of the Town as follows:



2.    To add the following sentence at the end of Section 2 of said Article 71:


3.    To add the following two definitions to Article 71 respectively as Items (14) and (15):


4.    To modify the last two sentences of the first paragraph of Section 4 of said Article 71 to read as follows:



5.    To modify the fourth paragraph of Section 4 of said Article 71 to read as follows:

or take any other action relative thereto.


ARTICLE 24  Amend Zoning By-Laws:  Noncriminal Disposition of Violations of Planning Board and Zoning Board of Appeals Decisions
(Planning Board)

To see if the Town will vote to amend the Zoning By Laws by adding a new second paragraph to Section VI-F which reads:


or otherwise act thereon.

ARTICLE 25  Amend Zoning By-Laws:  Increase in Fines
(Planning Board)

To see if the Town will vote to amend Section VI-F of the Zoning By Laws by adding in the first sentence the words “or the Planning Board” after the words “Board of Appeals” and by deleting the word “twenty” in the first sentence and inserting in its place the words “two hundred” so that said Section VI-F would read:


or otherwise act thereon.


ARTICLE 26  Amend Zoning By-Laws:  Natick Mall Project
(Prince Okyere, et al)

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


323.1.8  To the extent that there is inconsistencies between the provisions of this By-law applicable to the RCP Overlay District and the underlying district (including the RC Overlay District, the MC Overlay District and the APD District), the provisions applicable to the RCP Overlay District shall govern even if such provisions are more permissive in the RCP Overlay District than in underlying and other overlay districts.


323.1.9  All uses permitted or allowed in the underlying zoning districts (including the RC Overlay District and the MC Overlay District) shall be permitted or allowed respectively on land in the RCP Overlay District.  In addition, Approved Use Development shall be permitted in the RCP Overlay District.  No special permit or site plan approval under Section 320 or Section VI-DD of this By-Law shall be required for an Approved Use Development.  An Approved Use Development for a shopping mall use shall also be permitted, as a phase of a shopping mall development for which special permits and site plan approval have been issued under Section 320 and Section VI-DD and such phase may be constructed and used as an Approved Use Development independent of such special permit.  If the Approved Use Development Plan is proposed to be modified, before any such modification may be made, the owner of the parcel for which such plan has been approved, shall seek a determination from the Planning Board whether such modification is material or minor.  If the Planning Board determines that the modification is material, then no such modification shall be permitted unless the Planning Board grants a special permit therefore.  If the Planning Board determines that such modification is minor, then no action approving the modification shall be required but the modification shall be filed with the Approved Use Development Plan then on file with the Town Clerk.

323.1.10  Before any building permit may issue for an Approved Use Development, the Building Inspector must receive approval from the Planning Board of the exterior lighting, signage and final elevations of buildings within the Approved Use Development.

324.11    FAR for Approved Use Development

The FAR for an Approved Use Development shall be as set forth in the Approved Use Development Plan, including provisions for contributions on account of Section 328 Bonus Density Provisions to be made to the Town’s open-space fund and on account of municipal infrastructure reflected in such Approved Use Development Plan.  If the parcel of land for which the Town has approved an Approved Use Development either has been or is included in the special permits and site plan approval issued under Section 320 and Section VI-DD, the combined FAR of the parcels shall not exceed the FAR permitted under the special permits and site plan approval.  Any FAR payments payable under the terms of an Approved Use Development plan shall be credited against those otherwise payable under such special permits and site plan approval.

Item 12:  Insert in Section 326.5 as follows:


“Section VII.  Approved Use Development Plan for the Regional Center Planned Use Overlay District


Statement of Facts:

This Approved Use Development Plan (the “Development Plan”) relates to the development for shopping mall use, including the provision for parking, at 330 Speen Street (the “Site”).  330 Speen Street is owned by GGP-Natick West LLC (the “Owner”) and is shown on Assessors’ Map 16, Lot 2.  The contemplated development is referred to herein as the “Phase I Mall Project.”

The Development Plan is intended to encourage the redevelopment for retail use in a Regional Center Planned Use Overlay District RCP.  The Site is located within the RCP Overlay District.  The Zoning By-Laws, as amended, allow as of right development pursuant to a Development Plan in the RCP Overlay District.  The provisions of the RCP Overlay District, the Development Plan (including its Table and Schedules) and the Plans (as defined below) govern the development of the Phase I Mall Project.

The Phase I Mall Project will be constructed in conformance with the Development Plan.  The Development Plan incorporates mitigation anticipated to mitigate the impacts anticipated from the shopping mall use.

The Phase I Mall Project is shown on the following plans prepared by Vanasse Hangen Bustlin of Watertown, Massachusetts (“VHB”) and Beyer Blinder Belle Architects & Planners LLP of New York, New York):

Sheet Number Drawing Title Date
C-1
Legend and General Notes 11/30/04
C-2
Overall Site Plan 11/30/04
C-3
Phase I Parking Plan 11/30/04
C-4
Traffic Striping and Signage Plan 11/30/04
C-5
Layout and Materials Plan 11/30/04
C-6
Grading Drainage and Erosion Control Plan 11/30/04
C-7
Utility Plan 11/30/04
C-8
Ring Road Link Plan and Profile 11/30/04
C-9
Wetland Restoration Plan 11/30/04
C-10
Sanitary Sewer Pump Station 11/30/04
C-11
Site Details 11/30/04
C-12
Site Details 11/30/04
C-13
Site Details 11/30/04
C-14
Site Details 11/30/04
C-15
Site Details 11/30/04
C-16
Site Details 11/30/04
L-1
Landscape Plan 11/30/04
L-2
Shrub Planting Plan 11/30/04
L-3
Shrub Planting Plan and Planting Schedule 11/30/04
L-4
Grading Detail/Berm at Speen Street 11/30/04
L-5
Landscape Details 11/30/04
TS-1
Conceptual Traffic Signal Plan 9/15/04
Sv-1
Existing Conditions Plan of Land 7/7/04
Sv-2
Existing Conditions Plan of Land 7/7/04
A-101
Floor Plan 11/30/04
A-102
Floor Plan 11/30/04
A-103
Floor Plan 11/30/04
A-104
Floor Plan 11/30/04
A-300
Elevations 11/30/04
SL-1
Site Lighting Plan 7/19/04

Special Conditions:

Frontage: 200 feet
Building setback from public way: 50 feet
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
Side and rear yards: 20 feet. Pedestrian bridges providing access to adjacent properties and intended to serve shopping mall uses located in a RCP Overlay District shall not be subject to any rear or side yard requirements either in the RCP Overlay District or in the zoning district in which the parcel to which it provides access is located.
Height: Up to 60 feet
Floor Area Ratio: Up to 0.60


A.      The landscaping shall be installed as described in the Development Plan and the Plans.  The landscape surface ratio (LSR) shall be a minimum of 25%.  In the event the Owner has not installed all or any portion of the landscaping material and irrigation system required by the Development Plan at the time of requesting an occupancy permit, 200% of Owner’s cost for the portion of the irrigation system and landscaping material that is not then purchased and installed shall be posted as security for installing such landscaping and system at a later time, such sum to be secured in a manner acceptable to the Community Development Director;

B.    The Owner shall install landscaping at the end of Travis Road adjacent to the fire station and, appropriate to the irrigation systems available to it, on the earthen islands in Route 9 adjacent to the Natick Mall located at 1235 Worcester Street as well as maintain the landscaping on the traffic island adjacent to the intersection of Speen Street and Natick Mall Road.

C.    The Owner shall maintain, and, at the time of application for a building permit, shall enter into a covenant with the Town requiring the maintenance, in good condition, of all landscaped open space and buffer strips for the Phase I Mall Project.  The Owner shall provide a bond in the amount of 10% of the cost of landscaping, together with 10% of the cost of the irrigation, to ensure that the required irrigation system is installed and operating, and the landscape plantings are maintained and survive for three growing seasons following completion of planting; and

D.    No occupancy permit for new buildings within the Phase I Mall Project shall be issued by the Building Inspector until all landscaping and buffer strips conform to the landscape plan and planting schedule in the Plans, and that the required irrigation system is installed, or unless the Owner has posted the security as required pursuant to Section 5A. above.


With respect to the payment of the annual transit fee of $10,000.00 as referred to in Schedule A, that payment shall be adjusted annually to reflect any increase in the Consumer Price Index during the year to which it relates.

The final design of the Traffic and Transportation Improvements will be determined in conjunction with the Department of Public Works and where the Massachusetts Highway Department has jurisdiction, the Massachusetts Highway Department.  The provision of Section 14 of these special conditions shall be applicable to the design thereof.

Identified in Schedule B attached hereto are certain drawings reflecting options for certain off-site improvements to be undertaken by the Owner.  Whether a particular option is selected may depend on the determination of the ultimate permit-granting authority (such as the Massachusetts Highway Department) or the willingness of third-parties to cooperate and/or provide some of the funding that may be required to fully implement the option in question.  The Owner shall not be obligated to implement an option if either the third party fails to give its concurrence following the request by the Community Development Director or if the Owner, after conferring with the permit-granting authority, provides confirmation satisfactory to the Community Development Director that such concurrence will not be forthcoming.

In addition to its obligations under Schedule A, the Owner shall design and construct, provided that the Owner is able to obtain the permits therefor, a bicycle phase traffic signal on Route 30 at its intersection with the Cochituate Rail Trail.  If the Owner is unable to obtain permits that would enable the Owner to construct such signal for no more than $100,000.00, the Owner shall provide funds in the amount of $100,000.00 to the Planning Board to be utilized in enhancing bicycle access to the Cochituate Rail Trail.

In addition to its obligations under Schedule A, the Owner shall provide the Planning Board with the sum of $25,000.00 to be used on account of the Route 27/Route 30 intersection as the Planning Board in its discretion shall determine.


8.    Any catch basins to be installed in the parking lot of the Phase I Mall Project shall contain devices to trap grease and oil.

9.    The location, size and design of any signs desired to be placed on the Site by the Owner shall be as approved by the Planning Board as provided in Section 323.1.10 of the By-Law.

10.    For a period of two (2) years after the installation of the exterior lighting system, the Community Development Director shall have the right to require the system to be modified to correct deficiencies in its operation.

11.    The snow management plan is on file with the Community Development Director and the Town Clerk.

12.    The Owner shall make open space impact contributions to mitigate the FAR of the Phase I Mall Project to the Town’s open space fund in the amounts and at the times provided in Table 1.  To the extent the final architectural drawings disclose a lesser floor area, the amount in Table 1 shall be adjusted accordingly based upon a ratio of $20/square foot of floor area.  The architect for the Owner shall provide a certification of the floor area of the Phase I Mall Project prior to the issuance of a permanent certificate of occupancy.  The Owner shall enter into a covenant with the Town to maintain the transportation concourse and the Ring Road Link (as referred to on the Plans) as such.

13.    No occupancy permit (other than temporary occupancy permits which the Building Inspector shall have the authority to issue) shall be issued by the Building Inspector until the Owner has provided the Town with as-built site plans and a digital file format copy, in accordance with the Town of Natick Department of Public Works specifications.

14.    With respect to any changes in the Plans that may be requested by the Department of Public Works or other state or municipal agencies in connection with their issuance of permits for the Phase I Mall Project which are inconsistent with the Plans, the Planning Board shall retain the authority to determine whether such changes constitute a minor modification to the Development Plan.  Any such determination by the Planning Board shall not require a public hearing.

15.    The Owner shall install a repeater in the Phase I Mall Project, which shall be designed to conform to the Town of Natick Public Safety Channels for In-Building Repeater Usage.

16.    During site preparation and construction and excavation of the Phase I Mall Project, no construction vehicles or vehicles transporting excavation materials or construction debris concerning the Phase I Mall Project shall travel southbound on Speen Street, south of Route 9, between the hours of 2:00 p.m. and 9:30 a.m. Monday through Friday and between the hours of 4:30 p.m. and 10:00 a.m. on Saturdays, Sundays and holidays.  Construction vehicles or vehicles transporting excavation materials or construction debris concerning the Phase I Mall Project shall travel southbound on Speen Street, south of Route 9, only between the hours of 9:30 a.m. and 2:00 p.m. Monday through Friday and between the hours of 10:00 a.m. and 4:30 p.m. on Saturday, Sundays and holidays.  For the purposes of this Section 16, the words “construction vehicle” shall mean a vehicle with a gross vehicle weight of not less than eight thousand (8,000) pounds.

17.    Upon request of the Planning Board, the Owner shall provide to the Natick Department of Public Works, at no charge, excavated fill on an “as-is” basis from the Phase I Mall Project.

18.     If minor deficiencies in the plans come to the Community Development Director’s attention, the Community Development Director may direct the Owner to correct such deficiencies.  Such action shall be treated as a minor modification of the Development Plan and shall not require a public hearing.

19.    In concert with the Natick Department of Public Works and the Board of Selectmen acting as the Town’s Sewer Commissioners, the Owner shall implement a series of measures that shall result in improvements in the capacity of the Natick sewerage system such that discharges from the Phase I Mall Project may be made into it in accordance with good engineering practice and design.

20.The stormwater discharge system for the Phase I Mall Project shall conform to the Department of Environmental Protection’s policies and procedures and, as such, will prevent pollution of surface and groundwater, soil erosion and changes in groundwater level and runoff and will promote conservation and recycling of water.  Surface storm water runoff will be properly controlled at the discharge point so as to not cause erosion, adverse effect to neighboring properties or the Town storm drainage system, obstruction to the flow of vehicular or pedestrian traffic, or puddles in paved areas.



Open Space Impact Contribution to Open Space Fund:             $4,245,340

As referred to in Schedule A attached to this Development Plan, the Owner shall both pay money to the Town and undertake certain work.

As also referred to in Schedule A, the Owner shall pay certain sums to the Town for the Town’s use in constructing certain improvements listed in Schedule A.  The Owner shall pay to the Town the sum of $150,000 within thirty (30) days after the expiration of the time to appeal the adoption of the Development Plan, if no appeal is filed therefrom, or within thirty (30) days after final resolution in favor of the Owner of any appeal from the adoption of the Development Plan.  The remaining payments to be made under this provision shall be paid in accordance with the schedule set forth in the following paragraph regarding contributions the Open Space Fund, provided that the amount of the first such payment shall be ten percent (10%) minus the sum of one hundred fifty thousand dollars ($150,000.00).

The contribution to the Open Space Fund shall be made in four (4) installments in the following portions and prior to the occurrence of the following events:  Ten percent (10%) at issuance of building permit for construction of the Mall buildings (exclusive of Department Store A and Department Store B (as shown on the Plans)); twenty percent (20%) at issuance of building permit for Department Store A; twenty percent (20%) at issuance of building permit for Department Store B; twenty-five percent (25%) upon issuance of a temporary certificate of occupancy for the Phase I Mall Project and the balance upon issuance of permanent certificate of occupancy for the Phase I Mall Project.






Or take any other action relative thereto.


ARTICLE 27  Street Acceptance:  Whitridge Road 
(Planning Board) 

To see if the Town of Natick will vote to accept Whitridge Road and appurtenant easements as laid out and filed with the Town Clerk, and as shown on the street acceptance plan on file with the Town Clerk.


ARTICLE 28  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.


ARTICLE 29  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.

ARTICLE 30  Capital Improvement – Schools
(School Committee)

To see what sum of money the Town will vote to appropriate, or otherwise provide, for capital improvements to the Natick Public Schools to protect the physical infrastructure; or otherwise act thereon.

ARTICLE 31  Planning and Constructing of New Senior Center
(Council on Aging)

To see if the Town will vote to appropriate a sum of money for planning, constructing, originally equipping and furnishing a new Senior Center; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any action relative thereto.

ARTICLE 32  Major Capital Project Review Committee
(Board of Selectmen)

To see if the Town will vote to amend the General By Laws by adding a new Article 45, which reads:


Section 1.  Composition

    There shall be a Major Capital Project Review Committee (hereinafter designated “the Committee”) which shall consist of seven (7) members.  Each member of the Committee shall be a registered voter of the Town of Natick.  One (1) member shall be a commercial general contactor, licensed to conduct business in the Commonwealth of Massachusetts.  One (1) member shall be a registered professional architect, licensed to practice in the Commonwealth of Massachusetts.  Two (2) members shall be registered professional engineers from two (2) of the following disciplines:  structural, civil, mechanical or electrical engineering.  One (1) member shall be a certified public accountant or an accountant experienced in construction, licensed to practice in the Commonwealth of Massachusetts.  One (1) member shall be an attorney at law, licensed to practice in the Commonwealth of Massachusetts.  One (1) of the members need not have any of the foregoing qualifications.

    If an individual with the necessary qualifications is not available for appointment to the Committee, the Appointing Authority may appoint an individual with related experience, training or education.

    No member of the Committee shall be a paid employee of the Town of Natick, or shall serve as an elected official of the Town of Natick, or shall serve as a member of another standing Town of Natick board, committee or commission provided, however, that a Natick Town Meeting member may serve as a member of the Committee.

Section 2.  Appointing Authority

    The members of the Committee shall be appointed by the Appointing Authority which shall consist of the following officials:


    The Appointing Authority shall meet annually, and as otherwise required, to make appointments to the Committee and to conduct any other business.

Section 3.  Appointments and Term

    Appointments to the Committee shall be made by a four-fifths majority vote of the Appointing Authority.

    The Appointing Authority shall appoint the original members of the Committee as follows:  three (3) members for a three (3) year term, two (2) members for a two (2) year term and two (2) members for a one (1) year term.

    Each term shall expire on December 31 of the applicable year.  Upon the expiration of the initial term of a member, all future appointments to that position shall be for a term of three (3) years.  A member may continue to serve on the Committee following the expiration of that member’s term until a successor is qualified.

    If a member vacates a position on the Committee before the expiration of the term, the Appointing Authority shall appoint a replacement member to complete the unexpired term.

Section 4.  Committee Responsibility

    The Committee shall review all proposed Town of Natick major capital projects.  In this context “major capital project” shall mean a Town of Natick project involving construction, reconstruction, alteration, enlargement, repair, renovation or remodeling of any land, building, structure, road, water system or sewer system owned by the Town of Natick, with an estimated total project cost of one hundred thousand dollars ($100,000.00) or more.

    The Committee shall:

a.    recommend to the Town Administrator whether to include such a project in the Town of Natick capital plan;

b.    review all draft procurement documents for architect, project manager, engineering and other consulting services for each such project and make recommendations to the Awarding Authority related thereto;

c.    review all bids and proposals submitted by each applicant for architect, project manager, engineering and other consulting services for each such project and make recommendations to the Awarding Authority related thereto;

d.    make recommendations to the Awarding Authority regarding the award of contracts for architect, project manager, engineering and other consulting services for each such project;

e.    review all draft procurement documents for general contractor services regarding each such project and make recommendations to the Awarding Authority related thereto;

f.    review all bids and proposals submitted by prospective general contractors for each such project and make recommendations to the Awarding Authority related thereto;

g.    review all design documents and make recommendations to the Awarding Authority regarding whether such design complies with the contract documents and applicable law;

h.    review all architect, project manager, engineering and other consulting services for each such project and make recommendations to the Awarding Authority regarding whether such services comply with the contract documents and applicable law;

i.    review all requests for change orders submitted regarding each such project and make recommendations to the awarding authority related thereto;

j.    review all invoices and applications for payment submitted regarding each such project and make recommendations to the Awarding Authority related thereto;

k.    make recommendations to the Awarding Authority for each such project regarding when the project has been substantially completed;

l.    review all draft punch lists for each such project and make recommendations to the Awarding Authority related thereto;

m.    review all applications for final payment for each such project and make recommendations to the Awarding Authority related thereto;

n.    make recommendations to the Awarding Authority for each such project regarding when the project work has been completed and when the project may be closed out;

o.    submit a report of all its activities for publication in the Town’s Annual Report; and

p.    whenever an appropriation for a major capital project is requested from Town Meeting, the Committee shall provide to Town Meeting a written report which includes an explanation of the need for the project, the scope of work, the project schedule and the estimated total project cost.

or otherwise act thereon.
ARTICLE 33  Home Rule Petition:  Removal of Police Chief Position from Civil Service
(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.

or otherwise act thereon.


ARTICLE 34  Home Rule Petition:  Removal of Fire Chief Position from Civil Service
(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.

or otherwise act thereon.


ARTICLE 35  Citizen Petition:  Increase Senior Exemption Eligibility
(John Connolly, et al)

To see if the Town will vote, pursuant to the provisions of Section 51 of the Chapter 184 of the Acts and Resolves of 2002, to changing the following factors in the provisions of Clause Forty-First C of Section 5 of Chapter 59 of the Massachusetts General Laws by:

1)    Reducing the age eligibility from 70 years to 65 years;

2)    Changing the real state to which the exemption applies from four thousand dollars ($4,000.00) of taxable value or the sum of five hundred dollars ($500.00) whichever would amount in an exemption of the greater amount of taxes due, to eight thousand dollars ($8,000.00) of taxable value or the sum of one thousand dollars ($1,000.00) whichever would amount in an exemption of the greater amount of taxes due;

3)    Increasing the eligibility amount for preceding year gross receipts from all sources from less than thirteen thousand dollars ($13,000.00) to not more than twenty thousand dollars ($20,000.00) for an unmarried person and from combined gross receipts with spouse of not less than fifteen thousand dollars ($15,000.00) to not more than thirty thousand dollars ($30,000.00) for married persons;

4)    Increasing the eligibility requirement for whole estate, real and personal, from not in excess of twenty-eight thousand dollars ($28,000.00) to not in excess of forty thousand dollars ($40,000.00) for single persons and from not in excess of thirty thousand dollars ($30,000.00) to not in excess of fifty-five thousand dollars ($55,000.00) for married persons.


or otherwise act thereon.


ARTICLE 36  Citizen Petition:  Increase Tax Work Program Limit
(John Connolly, et al)

To see if the town will vote to accept the provisions of Chapter 59, Section 5K of the Massachusetts General Laws, as amended by Section 52 of Chapter 184 of the Acts and Resolves of 2002, thereby increasing from five hundred dollars ($500.00) to one thousand dollars ($1,000.00) the maximum amount of reduction of a real property tax bill in a given tax year which may be granted to a person over the age of sixty (60) who provides volunteer services to the town of Natick under the program established pursuant to Chapter 59, Section 5K of the Massachusetts General Laws, said increase to take effect in the fiscal year which begins July 1, 2005.


ARTICLE 37  Moderator:  Referrals at Previous Meetings
(Town Moderator)

To receive the reports of Town agencies to whom subjects were referred at previous Town Meetings and to see if the Town will vote to take additional actions to refer these subjects.


ARTICLE 38  Citizen Petition:  Reinstatement of Public Works Commissioners
(John Connolly, et al)

To see if the town of Natick would consider reinstating the department of public works commissioners.


ARTICLE 39  Citizen Petition:  Community Preservation Act Study Committee
(Joshua Ostroff, et al)

To see if the Town will vote to establish a Study Committee to provide a report to the Fall 2005 Annual Town Meeting concerning the Community Preservation Act and its suitability for Natick based on economic, historic preservation, affordable housing and open space criteria.  Such a Committee would be appointed by the Town Moderator, and would include members nominated by the Housing Authority, the Historical Commission, the Historic District Commission, the Open Space Committee, the Planning Board, the Parks and Recreation Commission, the Conservation Commission, the School Committee, the Board of Selectmen, the Finance Committee, or such other composition as Town Meeting may direct.


ARTICLE 40  Town Meeting Member Handbook Revision Committee
(Town Moderator)

To receive a report on the progress of the Town Meeting Member Handbook Revision Committee; to provide such guidance to the committee as the Town may deem appropriate; and to take actions (1) to authorize Town Counsel to provide legal advice, including review of revisions to the handbook, to the committee in accordance with Article 22, Section 5a of the Town By-Laws and (2) to determine what sum of money the Town will appropriate and raise, or transfer from available funds, for the production and distribution of a revised handbook; or take any other action relative thereto.


ARTICLE 41  Committee Article
(Board of Selectmen)

To hear and act upon the reports of the several Town officers and reports of committees authorized by vote of any further Town Meeting and to authorize a sum of money for the purpose thereof.




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