Annual Report of the Town of Chelmsford

ANNUAL TOWN REPORT

CHELMSFORD 1986 Photograph of Center Common by Jean Sougnez IN MEMORIAM

JANET LOMBARD ASSESSOR 1974-1986 BRUCE N. FREEMAN STATE REPRESENTATIVE 16th MIDDLESEX DISTRICT 1968-1986 GENERAL INFORMATION

Incorporated May, 1655 Type of Government Town Meeting Location Eastern Massachusetts, bordered by Lowell and Tyngsboro on the North, Billerica on the East, Carlisle on the South, and Westford on the West.

It is 24 miles from Boston, 40 miles from Worcester, and 225 miles from New York City. County Middlesex Land Area: 22.54 Square Miles Population 1986: 29,843 Assessed Valuation 1986 $1,341,689,860.00 (Real Estate) $30,577,252.00 (Personal Property) Tax Rate: $14.90 United States Representative in Congress: 5th Congressional District Chester G. Atkins, Concord State Senator Carol C. Amick, Bedford Representative in General Court: Bruce N. Freeman, Chelmsford — deceased 16th Middlesex District Carol C. Cleven, Chelmsford - Nov. 1986 Accounting Department Monday thru Friday 8:30 a.m. -5:00 p.m. Assessors Office Monday thru Friday 8:30 a.m. -5:00 p.m. Monday Evenings 7:00 p.m. -8:00 p.m. (Except June, July & August) Board of Health Monday thru Friday 8:30 a.m. -5:00 p.m. Highway Department Office Monday thru Friday 8:00 a.m. -4:30 p.m. Garage Monday thru Friday 7:00 a.m. -3:30 p.m. Public Libraries Adams Library Monday 1:00 p.m. -9:00 p.m. Tuesday thru Thursday 9:00 a.m. -9:00 p.m. Friday and Saturday 9:00 a.m. -5:30 p.m. Sunday 2:00 p.m. -5:00 p.m. Children's House Monday thru Thursday .... 10:00 a.m. -8:00 p.m. Friday and Saturday 10:00 a.m. -5:30 p.m. Monday 9:00 a.m. -8:00 p.m.

McKay Library . Tuesday thru Thursday 1:00 p.m. -8:00 p.m. Friday and Saturday 9:00 a.m. -5:30 p.m. Sunday 9:00 a.m. -5:00 p.m. School Superintendent Monday thru Friday 8:00 a.m. -4:30 p.m. Selectmen's Office Monday thru Friday 8:30 a.m. -5:00 p.m. Town Clerk Monday thru Friday 8:30 a.m. -5:00 p.m. Monday Evenings 7:00 p.m. -8:00 p.m. (Except June, July & August) Tax Collector & Treasurer Monday thru Friday 8:30 a.m. -5:00 p.m. Monday Evenings 7:00 p.m. -8:00 p.m. (Except June, July & August) Veterans' Agent Monday thru Friday 8:30 a.m. -5:00 p.m. MEETINGS

Annual Election First Tuesday in April 12 Precincts

Annual Town Meeting Last Monday in April McCarthy Jr. High Selectmen 7:00 p.m. -every other Monday Town Offices School Committee 7:30 p.m. -every other Tuesday Parker School Planning Board 7:30 p.m. -2nd & 4th Wed. of month Town Offices Appeals Board 7:30 p.m. -4th Thursday of month Town Offices Conservation Commission 8:00 p.m. -1st & 3rd Tues. of month Town Offices Board of Health 7:30 p.m. -2nd & 4th Mon. of month Town Offices Housing Authority 7:30 p.m. -1st Tuesday of month 10 Wilson Street BOARD OF SELECTMEN

On April 7, 1986, following the Town Elections, the bids were received, but ultimately rejected and the con-

Board of Selectmen met and elected John P. Emerson, Jr. tract was later put out for re-bid. The Resource Recovery as Chairman, Dennis J. Ready as Vice Chairman and Committee continued to study the proposed trash to energy Bonita A. Towle as Clerk. The membership of the Board plant in the City of Lowell. includes Roger A. Blomgren and Henrick R. Johnson, Jr. Selectman Paul Hart attended his last Board meeting Highlights of 1986 are summarized below: the end of March and was surprised to have most of the Selectmen he had worked with over the past fifteen years At a Special Town Meeting held in January, the Fire- in attendance. The Board proclaimed April 5, 1986 as Paul fighter's Union was denied a 7% increase, and the Town C. Hart Day in the Town of Chelmsford. turned over the Highland School, North Town Hall, Louise

Bishop Senior Center and the North School to the Hous- Dennis J. Ready was re-elected for a third term and ing Authority to be used for elderly and low income hous- Henrick R. Johnson was elected for his first term on the ing. The Board approved the expansion of the Heritage Board in the Town Elections. A rail trail feasibility study Inn, with the closing of Alpine Lane to Fletcher Street, was proposed, and the Board voted not to change proper- despite some public opposition. ty tax classification.

In February Selectman Paul C. Hart announced that May brought continued Town Meetings every Monday after fifteen years on the Board he will not seek re-election evening and Youth Government Day, an annual event spon-

for a sixth term. Henrick R. Johnson, Jr., Planning Board sored by the Elks, when High School students are elected member for ten years, took out papers for a seat on the by their peers to fill the positions of various elected and Board. The Selectmen continued work on the budget with appointed Town officials for a day. The Board announced the Finance Committee in preparation for the April An- that they will study additional regulations of underground nual Town Meeting. fuel storage tanks to further protect the Town's water supply.

The disposal of the Town's trash continued to be an ongo- During the summer the Board began a search for a new ing problem. The contract was put out for bid and four Fire Chief, drafting a job description and setting a schedule for appointing. Chelmsford and Carlisle received a State Area Commission, the Middlesex County Advisory Board grant for the purchase of the Cranberry Bog. One bid was and the Massachusetts Municipal Association. Individual received for the construction of a new Dog Pound, which Selectmen also served as liaisons between the Board of was over $100,000 more than appropriated. Selectmen and various town and regional boards and com- missions during the year. In the fall the Board reactivated the Ambulance Study Committee. A public hearing was held on Route 110 traf- Due to the fact that National and State legislative deci- fic improvements. At a Special Town Meeting the voters sions have a great impact on Town affairs, the Board main- approved monies to have a professional study made of the tained close contact with Congressman Atkins office as well environmental impact study of the proposed trash plant as with Senator Carol Amick and the late State Representa- being done for Browning Ferris Industries. The Blue Rib- tive Bruce Freeman and newly-elected State Representa- bon Resource Recovery Committee was charged with tive Carol Cleven. The Selectmen wish to express their screening consultants to perform this study. gratitude to Congressman Atkins, Senator Amick and Representatives Freeman and Cleven for their help and In October the Board requested the architect to draw cooperation during the past year. up revised plans for the Dog Pound, and it was reported that the town polling places are all handicapped accessi- In closing, the Selectmen, on behalf of the citizens of ble. November saw the Board for the first time vote to tax Chelmsford, wish to express their sincere gratitude to the businesses at a slightly higher rate than residential. Ex- various Town boards and committees for their ac- ecutive Secretary Howard W. Redfern, Jr. resigned at the complishments during the past year. It should be end of November. remembered that these boards and committees are composed of unpaid volunteers who take many long hours out of their free time to work on issues and projects that benefit Bernard Lynch was appointed Acting Executive Secretary the Town of Chelmsford. The Board also would like to by the Board at its first meeting in December. A Special recognize our competent and dedicated office staff of Mrs. Town Meeting changed the Town election day from the first Judith Carter and Mrs. Beth Gibbs. Saturday to the first Tuesday in April, approved an exemp-

tion to Prop. 2!/4 , if approved at the Town election, to pay Respectfully submitted, for the construction of a new Senior Center on the North

School site, and appropriated $50,000 for a feasibility study John P. Emerson, Jr., Chairman for the expansion/construction of library facilities. Dennis J. Ready, Vice Chairman Bonita A. Towle, Clerk The Board of Selectmen continued their active role in Roger A. Blomgren, Member

the Massachusetts Selectmen's Association, the Middlesex Henrick R. Johnson, Jr., Member County Selectmen's Association, the Northern Middlesex Bernard Lynch, Executive Secretary TOWN CLERK

Mary E. St.Hilaire, Town Clerk Elizabeth L. Delaney, Assistant Town Clerk

Sporting Dog Kennel Recorded Licenses Licenses Licenses Mortgages

1580 2727 11 695

Births inc. Deaths Marriages Intentions 345 250 300 305

Board of Selectmen Town of Chelmsford

Honorable Selectmen:

We have examined the financial statements of the Town Purchasing of Chelmsford, Massachusetts for the year ended June 30,

1985, and have issued our report thereon dated February The purchasing function is decentralized. Subject to cer- 4, 1986. As part of our examination, we made a study and tain limitations, various departments are allowed to initiate evaluation of the town's system of internal accounting con- purchases, invite bids, and enter into contracts. We sug- trol to the extent we considered necessary to evaluate the gest that the town review its entire purchasing and pro- system as required by generally accepted auditing stan- curement function to determine if centralized purchasing dards. Under these standards, the purposes of such an could achieve both an economic savings and strengthen the evaluation are to establish a basis for reliance on the system control over purchases. Whether or not purchasing remains of internal accounting control in determining the nature, decentralized, we recommend that a prenumbered four- timing and extent of other auditing procedures that are part purchase order system be implemented at all depart- necessary for expressing an opinion on the financial mental levels for purchase of commodities. Operation of statements and to assist the auditor in planning and per- the four-part purchase order system would be as follows: forming his examination of the financial statements.

1. To vendor as authorization for purchase. Our examination of the financial statements made in accordance with generally accepted auditing standards, including the study and evaluation of the town's system of in- 2. For departmental files. ternal accounting control for the year ended June 30, 1985, would not necessarily disclose all weaknesses in the system 3. To be utilized as a receiving report, signed by a because it was based on selective tests of accounting records responsible town official to indicate receipt of goods. and related data. However, such study and evaluation This copy is matched with the vendor's invoice and disclosed the following weaknesses that we believe should sent with the authorization for payment to the ac- be brought to your attention. counting department to initiate the payment process.

While this report may appear to portray a one-sided pic- 4. To be utilized as an input document for the recom- ture of the town's operations, its main objective is to point mended full encumbrance system of accounting. out areas of concern that we feel should be corrected. The foregoing conditions were considered in determin- Town Accountant—Appropriation ing the nature, extent and timing of audit tests we applied in our examination of the financial statements and this As noted in our previous audit report, a review of town report does not modify our financial report dated February meeting votes from the Stabilization Fund revealed that 4, 1986. only the amount actually expended was recorded as a transfer from the fund. Our examination uncovered other minor weaknesses in the accounting internal control system that we considered If the project for which the transfer was made had not to be immaterial and accordingly did not affect the nature, been completed, it would not be recorded on the books timing or extent of our substantive testing. of the town as a continuing appropriation. During our examination of the Town of Chelmsford's in- We recommend that transfers voted from the Stabiliza- ternal control system, the forementioned weaknesses were tion Fund be transferred as voted and all transactions be discussed with the town's management personnel respon- recorded in the appropriation account. The Town Accoun- sible for that particular accounting function. In this regard, tant has agreed to implement this procedure. we would appreciate receiving, at your earliest convenience, .

any thoughts you may have with respect to implementing It is very important that you commence corrective ac- our recommendations and a proposed timetable for same. tion on these weaknesses immediately. We would be pleas- ed to assist you in developing such a corrective course of In conclusion, we wish to take this opportunity to thank action should you so desire. you for your cooperation during the course of our audit Sincerely,

Kenneth A. Marchurs, Director Bureau of Accounts Department of Revenue WARRANT FOR ARTICLE 4. To see if the Town will vote to transfer from SPECIAL TOWN MEETING available funds a certain sum of money from Line Item JANUARY 27, 1986 #124 Unclassified Department— County Retirement Assess- COMMONWEALTH OF MASSACHUSETTS ment to the following line items: Line Item #12 Cemetery Department — Salaries. MIDDLESEX, SS. Line Item #54 Insurance Department— all liability.

To the Constable, or any other suitable person of the Line Item #76 Public Buildings — salaries. Town of Chelmsford: Or act in relation thereto. In the name of the Commonwealth, aforesaid, you are hereby rquested to notify and warn the legal voters of said Board of Selectmen Chelmsford to meet in the McCarthy Junior High School Auditorium on Monday evening, the twenty-seventh day ARTICLE 5. To see if the Town will vote to raise and of January 1986, at 7:30 P.M., then and there to act upon appropriate, or transfer from available funds a certain sum the following Articles, Viz: of money with which to meet bills of previous years; or act in relation thereto.

ARTICLE 1. To see if the Town will vote to accept the provisions of Section 13, Chapter 188 of the acts of 1985 Board of Selectmen providing that the Town of Chelmsford School Department may accept grants from the Commissioner of Education ARTICLE 6. To see if the Town will vote to authorize in order to establish Professional Grant Programs for the the Board of Selectmen to engage engineers, appraisers, purposes of supplementing school employees compensation attorneys and other necessary consultants for the purpose in said Town, conditioned upon the funding of said pro- of development and establishment of a plan for the laying grams by any source other than the Town of Chelmsford, out of a public way a certain parcel of land from Fletcher and further conditioned upon, to the extent permitted by Street to Alpine Lane, pursuant to General Law c.82 S.22, law, that said professional grant programs, and any monies 23, and 24 and further see if the Town will vote to establish paid to any employee of the School Department, shall not an advisory committee, consisting of 5 members, to be ap- be used or considered a past practice for the purpose of pointed by the Board of Selectmen and to consist of collective bargaining and shall be nonrecurring lump sum members from the Chelmsford community to review this payment not built into school employees salary schedules; matter and report to the Selectmen concerning the same, or act in relation thereto. and further to see if the Town will vote to raise and appropriate, or transfer from available funds a certain sum School Committee of money to defray all necessary costs, fees and expenses, with all said contracts to be made under the supervision ARTICLE 2. To see if the Town of Chelmsford will vote of the Board of Selectmen; or act in relation thereto. to accept the Professional Development Grant for Nashoba Valley Technical High School under the provisions of Sec- Board of Selectmen tion 13 of Chapter 188 of the Acts of 1985 for a sum of

$35,551.00 for 1986 and $25,304.00 for 1987 conditioned ARTICLE 7. To see if the Town will vote to authorize upon the funding of said programs by any source other than the Board of Selectmen to acquire in fee simple by pur- thw Town of Chelmsford, and further conditioned upon, chase, eminent domain, or otherwise, the property located to the extent permitted by law, that said professional grant from Fletcher Street through Parlmont Plaza, known as programs, and any monies paid to any employee of the Alpine Lane, in the Town of Chelmsford, and to see if the Nashoba Valley Technical High School, shall not be used Town will vote to raise and appropriate, transfer from or considered a past practice for the purpose of collective available funds, or borrow a certain sum of money to defray bargaining and shall be nonrecurring lump sum payment all necessary costs, fees and expenses in connection with not built into school employees salary schedules; or act in the acquisition of said land and for paying any damages relation thereto. which may be awarded as a result of any such taking; or act in relation thereto. Nashoba Valley Technical High School District Committee Petition

ARTICLE 3. To see if the Town will vote to accept the ARTICLE 8. To see if the Town will vote to authorize provisions of Massachusetts General Laws, Chapter 40, Sec- the Board of Selectmen to acquire an easement, by pur-

tion 8J, providing that the Town is authorized to establish chase, by eminent domain or otherwise, on the property a handicapped commission for the purpose of coordinating described as parcel C on a certain plan on file with the or carrying out programs designed to meet the problems Town Clerk and the Town Engineer entitled "Easement of the handicapped in coordination with programs of the Plan of Land in Chelmsford, Ma. prepared for the Town office of handicapped affairs; or act in relation thereto. of Chelmsford, Scale 1" = 40', June 6, 1985, by

Vanasse/Hangen Engineering, Inc. , Consulting Engineers Board of Selectmen and Planners, 60 Birmingham Parkway, Boston, Massachu- setts" and further bounded and described as the property ARTICLE 12. To see if the Town will vote to authorize beginning at a point at the intersection of the westerly line the School Committee to transfer, release or otherwise con- of Mill Road and the northerly line of Elizabeth Drive, vey the care, custody, management, control, and all other thence along the northerly line of Elizabeth Drive, right, title and interest if any, held by the School Commit- S64 — 39'— 07" W, 194.96 feet; thence on said parcel C, tee, to the Board of Selectmen in a parcel of land and along a curved line to the left, having a radius of 207.00 buildings thereon known as The Highland School and con- feet, a distance of 70.77 feet' thence on said Parcel C, taining approximately 32,990 square feet more or less as N20— 14'— 55 "E, 135.77 feet; thence on said Parcel C, shown on the records on the Chelmsford Board of Assessors along a curved line to the right, having a radius of 207.00 Map 14, Lot 133 for the exclusive and specific use of fami- feet, a distance of 51.74 feet; thence on the westerly line ly housing; or act in relation thereto. of Mill Road along a curved line to the left, having a radius of 960.47 feet, a distance of 166.44 feet to the point of School Committee beginning, for the purpose of constructing improvements, widening, laying out and accepting Mill Road, State Road ARTICLE 13. To see if the Town will vote to authorize and Billerica Road, and to see if the Town will vote to raise the Board of Selectmen, for consideration to be determin- and appropriate, or transfer from available funds or bor- ed, to convey all right, title and interest, if any, held by row a certain sum of money to defray all necessary costs, the Town, in a parcel of land and buildings thereon, known fees and expenses in connection with the acquisition of said as the Highland School and containing approximately land for paying any damages which may be awarded as 32,990 square feet, more or less, as shown on the records the result of any such taking; or act in relation thereto. of the Chelmsford Board of Assessors, Map 14, Lot 133, to the Chelmsford Housing Authority, for the exclusive and Board of Selectmen specific use of family housing provided that the Town constructs and/or obtains storage facilities deemed adequate 9. To see if the will vote to raise ARTICLE Town and by the Board of Selectmen; or act in relation thereto. appropriate, or transfer from available funds a certain sum of for the purpose of purchase and installation of money Board of Selectmen a telephone communications system at the Town Office Building or other appropriate locations with the Town, said ARTICLE 14. To see if the Town will vote to authorize contracts to be under the supervision of the Board made the Board of Selectmen for consideration to be determin- of Selectmen; or act in relation thereto. ed, to convey all right, title and interest, if any, held by the Town in a parcel of land and buildings thereon, known Board of Selectmen as the North Town Hall, and being described in a deed

dated February 1, 1853, from Benjamin Adams and ARTICLE 10. To see if the Town will vote to raise and Thomas J. Adams, to the Inhabitants of the Town of appropriate, or transfer available certain from funds a sum Chelmsford, recorded in Middlesex North Registry of Deeds of money to the appropriate salary line items to fund ap- at Book 18, Page 33 and Middlesex South Registry of Deeds proved wage and salary increases allocations and expense at Book 659, Page 495; to the Chelmsford Housing Authori- in the following departmental accounts: ty, for the exclusive and specific use of family housing provided that the Town constructs and/or obtains storage Salary Account: Fire Department facilities deemed adequate by the Board of Selectmen; or Expense Account: Fire Department act in relation thereto. and any other departmental budget recommended by the Board of Selectmen Board of Selectmen at the Special Town Meeting; or act in relation thereto. ARTICLE 15. To see if the Town will vote to authorize the School Committee to transfer, release, or otherwise con- Board of Selectmen vey the care, custody, management, control, and all other right, title and interest if any in a parcel of land known 11. if will vote authorize ARTICLE To see the Town to as the North School, containing approximately 17.19 acres the Board of Selectmen to engage engineers, appraisers, of land, more or less, and being a portion of the property attorneys, architects, and other necessary consultants for taken by the Town of Chelmsford by Order of Taking dated the purpose of preparing and designing all documents re- January 17, 1951, recorded in the Middlesex North District quired to design and construct a storage facility for the Registry of Deeds, Book 1161, Page 258, to the Board of Town of Chelmsford, and further to see if the Town will Selectmen, 33.5% (6 acres) of which shall be for the ex- vote to authorize Selectmen to the Board of negotiate and clusive and specific use of Elderly and/or Family Housing execute all necessary and proper contracts and agreements by the Chelmsford Housing Authority; or act in relation thereto, further see if the will vote raise and to Town to thereto. and appropriate, transfer from available funds, or borrow a certain sum of money to defray all necessary costs, fees, School Committee and expenses; or act in relation thereto.

Board of Selectmen 10

ARTICLE 16. To see if the Town will vote to authorize Free Cash in the Treasury for the reduction of the tax rate; the Board of Selectmen to convey all right, title and in- or act in relation thereto. terest, if any in two parcels of land consisting of a total of six acres, being a portion of the property taken by the Finance Committee Town of Chelmsford by order of taking dated January 17, 1951, and recorded in the Middlesex North District Registry Hereof fail not and make return of this Warrant with of Deeds, Book 1161, Page 258 to the Chelmsford Housing your doings at the time and place of said meeting. Given Authority Five (5) acres of which shall be for the exclusive unto our hands this 9th day of January, A.D. 1986. and specific use of Elderly Housing and one (1) acre of which shall be for the exclusive and specific use of Family Dennis J. Ready, Chairman Housing contingent upon the Town taking affirmative ac- John P. Emerson, Jr., Vice Chairman tion on Article 15 of this Special Town Meeting; or act in Bonita A. Towle, Clerk relation thereto. Roger A. Blomgren, Member Paul C. Hart, Member Board of Selectmen COMMONWEALTH OF MASSACHUSETTS ARTICLE 17. To see if the Town will vote to rescind Ar- ticle 20 of the Annual Town Meeting of 1982, passed at MIDDLESEX, SS. January 9, 1986 the session held on May 10, 1982; or act in relation thereto.

Pursuant to the within Warrant, I have notified and Board of Selectmen warned the Inhabitants of the Town of Chelmsford by posting up attested copies of same at the following places, ARTICLE 18. To see if the Town will vote to raise and to wit: The New Town Office Building Gym; North Con- appropriate, transfer from available funds, or borrow, a gregational Church Hall; Parker School Band Room; East certain sum of money to construct a senior center on the Chelmsford School; Byam School Cafeteria; Westlands property under the control of the Board of Selectmen at School Cafeteria; North Congregational Church Hall; the North School and being a portion of the property taken McCarthy Junior High School, Small Gymnasium; South by the Town of Chelmsford by order of taking dated Row School Auditorium; South Row School Auditorium; January 17, 1951 and recorded in the Middlesex North Dis- Westlands School Cafeteria; McCarthy Junior High School, trict Registry of Deeds, Book 1161, Page 258, said contracts Small Gymnasium; fourteen days at least before the time to be made under the supervision of the Board of Select- appointed for holding the meeting aforesaid. men and contingent upon the Town taking affirmative action on Article 15 of this Special Town Meeting; or act in William E. Spence relation thereto. Constable of Chelmsford

Board of Selectmen A True Copy Attest,

ARTICLE 19. To see if the Town will vote to authorize William E. Spence, the Board of Selectmen for consideration to be determin- Constable of Chelmsford ed, to convey all right, title and interest, if any, held by the Town in a parcel of land and buildings thereon, known as The Louise Bishop Senior Center, located at 15 Mill Road and containing approximately 15,760 square feet, SPECIAL TOWN MEETING more or less, as shown on the record of the Chelmsford January 27, 1986 Board of Assessors, Plat 140, Block 37, Lot 2; to the Chelmsford Housing Authority, contingent upon the Town The Special Town Meeting was called to order at 7:45 completing construction of a Senior Center on the North PM by the Moderator Dennis McHugh who recognized the School property and contingent upon the Town taking af- presence of a quorum. There were 553 voters present, at firmative action on Article 15 of this Special Town Meeting; the McCarthy Jr. High Auditorium. or act in relation thereto. Selectman Ready moved that the reading of the Con- Board of Selectmen stable's return of service and the posting of the warrant be waived. It was so voted, unanimously. Selectman Ready ARTICLE 20. To see if the Town will vote to raise and then moved that the reading of the entire warrant be waiv- appropriate, or transfer from available funds the sum of ed. It was so voted. $20,000 for the purpose of the erection of pre-cast concrete communication building to house a new repeater and The Moderator announced that the League of Women emergency generator; or act in relation thereto. voters had assembled a book entitled "This is Chelmsford." This book consists of information of various boards, those Board of Selectmen elected and appointed, and explains how the Town Meeting

form of government operates. The book is available for ARTICLE 21. To see if the Town will vote to instruct the public sale. The Moderator acknowledged that Dorothy Board of Assessors to issue a certain amount of money from Lerer, a teller for many, many years at Annual and Special 11

Town Meetings passed away recently and publicly noted the article, and felt that once the Town Meeting body voted thanks to her for her years of service. so, a commission would be established. The article isn't re- questing any monies at this point, just permission to UNDER ARTICLE 1 Chairman of the School Com- establish a commission. A brief discussion took place. The mittee, Carl A. Olsson, moved that the Town vote to ac- Moderator asked for a voice vote on the article, motion cept the provisions of section 13, chapter 188 of the acts carried. of 1985 providing that the Town of Chelmsford School Department may accept grants from the Commissioner of UNDER ARTICLE 4 Chairman of the Board of Select- Education in order to establish Professional Grant Pro- men, Dennis Ready, moved that the Town vote to transfer grams for the purposes of supplementing school employees the sum of seventy eight thousand two hundred nineteen compensation in said Town, conditioned upon the funding dollars ($78,219.00) from line Item #124 Unclassified of said programs by any source other than the Town of Department— County Retirement Assessment to the follow- Chelmsford, and further conditioned upon, to the extent ing line items permitted by law, that said professional grant programs, and any monies paid to any employee of the School Depart- Line Item #12 Cemetery Department ment, shall not be used or considered a past practice for Salaries $3,999.00 the purpose of collective bargaining and shall be nonrecurring lump sum payment not built into school employees Line Item #54 Insurance Department all salary schedules. liability $69,520.00

The Finance Committee recommended the article. Mo- Line Item #76 Public Buildings Salaries $4,700.00 tion carried, unanimously. The Moderator asked for a voice vote, motion carried, UNDER ARTICLE 2 Chairman of the School Com- unanimously. mittee, Stratos G. Dukakis, moved that the Town of Chelmsford vote to accept the Professional Development UNDER ARTICLE 5 Chairman of the Board of Select- Grant for Nashoba Valley Technical High School under the men, Dennis Ready, moved that the Town vote to transfer provisions of section 13 of chapter 188 of the Acts of 1985 from Free Cash the sum of one thousand twenty one dollars for a sum of $36,551.00 for 1986 and $25,304.00 for 1987 and ninety-two cents ($1,021.92) with which to meet bills conditioned upon the funding of said programs by any of previous years. source other than the Town of Chelmsford, and further conditioned upon the funding of said programs by any Selectman Ready explained that the two bills came in source other than the Town of Chelmsford, and further after the fiscal year had closed on July 1, 1985 and that conditioned upon, to the extent permitted by law, that said they needed to be paid. The Finance Committee recom- professional grant programs, and any monies paid to any mended the article. The Moderator asked for a voice vote, employee or the Nashoba Valley Technical High School, motion carried, unanimously. shall not be used or considered a past practice for the purpose of collective bargaining and shall be nonrecurring UNDER ARTICLE 6 Chairman of the Board of Select- lump sum payment not built into school employee salary men, Dennis Ready, moved that the Town vote to authorize schedules. the Board of Selectmen to engage engineers, appraisers, attorneys and other necessary consultants for the purpose The Finance Committee recommended the article. Mo- of development and establishment of a plan for the laying tion carried, unanimously. out of a public way a certain parcel of land from Fletcher Street to Alpine Lane, pursuant to General Law. C.82 UNDER ARTICLE 3 Chairman of the Board of Select- S.22.23, and 24 and further I moved that the Town vote men, Dennis Ready, moved that the Town vote to accept to establish an Advisory Committee consisting of 5 mem- the provisions of Massachusetts General Laws, Chapter 40, bers, to be appointed by the Board of Selectmen and to

Section 8J, providing that the Town is authorized to consist of members from the Chelmsford community to establish a Handicapped Commission for the purpose of review this matter and report to the Selectmen concern- coordinating or carrying out programs designed to meet ing the same, and further I moved that the Town vote to the problems of the handicapped in coordination with pro- transfer from Free Cash the sum of twenty thousand dollars grams of the Office of Handicapped Affairs. ($20,000.00) to defray all necessary costs, fees and expenses, with all said contracts to be made under the supervision Selectman Ready spoke in favor of the article, and ex- of the Board of Selectmen. plained that this commission is to be established in the town by state law as soon as possible, and felt that the town has Selectman Ready explained that this article was being an immediate need for such a commission. The Finance submitted by the Board of Selectmen because of the word- Committee felt that the article should appear on the An- ing of an article brought forth to them by petition was ruled nual Town Meeting warrant, that it is not an emergency out of order by Town Counsel, and was going to be with- article. Selectman Ready explained that the town is in viola- drawn by the proponent. Selectman Ready asked for the tion of the state law, thus the reasoning for having the ar- proponent of the petition article to come forward and speak ticle on this warrant. Sandra McDonald spoke in favor of about this article. Michael Vatalaro explained the article, 12

said that the citizens of the town had access for twenty years Building or other appropriate locations within the Town, of the roadway in question, as did the Police and Fire said contracts to be made under the supervision of the Departments. Due to this he felt that the road should be Board of Selectmen. left open for public use and asked for support of the article. The Finance Committee was against the article, as well Selectman Ready spoke in favor of the article. The as the Board of Selectmen. Attorney Shanahan who repre- Finance Committee felt that the article should be on the sented Emil Dumont, the owner of the land (roadway) gave upcoming Annual Town Meeting warrant. The Capital a presentation explaining why his client was against re- Planning Committee supports the article. Howard Redfem, opening the access. A discussion took place, Town Counsel the Executive Secreary explained the article in more detail. James Harrington stated that the Town denied over the The Moderator attempted a voice vote, which left the chair years any ownership concerning the roadway by not main- in doubt. The following tellers came forward and a hand taining the way, thus court cases did not hold the Town count was taken: responsible when charges of neglect were filed. The Moderator asked for a voice vote on the article, motion Jocelyn Anthony Virginia Cooney defeated, unanimously. Cheryl Warshafsky Jack Peters David Fenn Margaret Johnson UNDER ARTICLE 7 Petitioner, Mary Vatalaro, mov- Eleanor Gilroy Natalie Driscoll ed that the Town vote to withdraw this article. The Barbara Ward Richard Lahue Moderator asked for a voice vote, motion carried, Gail Klemmer unanimously. a %'s vote required, Yes 265 No 183, 298 was needed, motion defeated. UNDER ARTICLE 8 Chairman of the Board of Select- men, Dennis Ready moved that the Town vote to authorize the Board of Selectmen to acquire an easement, by pur- UNDER ARTICLE 10 Chairman of the Board of chase, by eminent domain or otherwise on property describ- Selectmen, Dennis Ready, moved that the Town vote to ed as Parcel C on a certain plan on file with the Town Clerk trasnfer from Free Cash the sum of one hundred forty-eight and the Town Engineer entitled "Easement Plan of Land thousand six hundred sixty-one dollars ($148,661.00) to the in Chelmsford, Ma. prepared for the Town of Chelmsford, appropriate salary line items to fund approved wage and Scale 1"40', June 6, 1985, by Vanasse/Hangen Engineer- salary increases and expense allocations in the following ing, Inc., consulting engineers and planners, 60 Birm- departmental accounts: ingham Parkway, Boston, Massachusetts and further bounded and described as the property beginning at a Line Item 32 Fire Department Salary point at the intersection of the westerly line of Mill Road Account: $147,111.00 and the northerly line of Elizabeth Drive, thence along the northerly line of Elizabeth Drive, S64-39 : 07"W. 194.96 feet; Line Item 33 Fire Department Expense thence on said Parcel C. along a curved line to the left, Account: $1,550.0 having a radius of 207.00 feet, a distance of 70.77 feet; thence on said Parcel C, N20-14-55"E, 135.77 feet; thence Selectman Ready spoke in favor of the article, stating on said Parcel C, along a curved line to the right, having that the Fire Department and the Board of Selectmen had

a radius of 207.00 feet, a distance of 51.74 feet; thence on negotiated in good faith, and felt that it was a fair con- the westerly line of Mill Road along a curved line to the tract. Chairman of the Finance Committee, Elizabeth Mar- left, having a radius of 960.47 feet, a distance of 166.44 shall, said that the Finance Committee was against the feet to the point of beginning, for the purpose of construc- requested increase and gave a presentation explaining why. ting improvements, widening laying out and accepting Mill Harold Pierce President of the Firefighters Union, spoke

Road, State Road and Billerica Road, and I move that the in favor of the article. A lengthy discussion took place. Town vote to transfer from Free Cash the sum of one dollar George Gordon moved the question to stop debate. The ($1.00) to defray all necessary costs, fees and expenses in Moderator asked if there was a need for further debate? connection with the acquisition of said land for paying any Hearing none, he proceeded to ask for a vote on the arti- damages which may be awarded as the result of any such cle. Edward Hilliard moved to have the vote taken by silent taking. ballot. The Moderator explained the procedure that would take place in order to have a vote taken by silent ballot. Selectman Ready spoke in favor of the article. The He asked for a voice vote on the motion for a silent ballot, Finance Committee was in favor. The Moderator asked for motion defeated. He then asked for a voice vote on the a voice vote, motion carried, unanimously. main motion, motion defeated. William Dalton questioned the voice vote. The Moderator asked for the tellers to come forward and conduct a hand count. A %'s vote is required Yes 195 No 236, the motion was defeated. UNDER ARTICLE 9 Chairman of the Board of Select- men, Dennis Ready, moved that the Town vote to transfer UNDER ARTICLE 11 The Board of Selectmen were from free cash the sum of thirty-five thousand dollars in favor of the article. Selectman Ready explained the pur- ($35,000.00) for the purpose of purchase and installation pose of the article. George Nelson of the Finance Comm. of a telephone communications system at the Town Office moved to amend the article to include after the 13

($20,000.00) "to budget line item #135 "Preliminary Pro- Chelmsford, recorded in Middlesex North Registry of Deeds ject Studies". The Capital Planning Committee was in favor at Book 18, Page 33 and Middlesex South Registry of Deeds of the motion. The Selectmen were in favor of the motion at Book 659, Page 495; to the Chelmsford Housing Authori- to amend. The Moderator asked for a voice vote on the ty, for the exclusive and specific use of family housing promotion to amend, motion carried. He then asked for a vided that the Town constructs and/or obtains storage voice vote on the main motion as amended, motion car- facilities deemed adequate by the Board of Selectmen. ried, unanimously. The article reads as follows: The Board of Selectmen support the article. A resident Chairman of the Board of Selectmen, Dennis Ready, from the area voiced concern about parking problems, and moved that the Town vote to authorize the Board of Select- the number of units. Ruth Delaney, of the Housing Authori- men to engage engineers, appraisers, attorneys, architects, ty explained that two units would make up the total and other necessary consultants for the purpose of prepar- number, and felt that there wouldn't be any parking pro- ing and designing all documents required to design and blem at all. More discussion took place, the Moderator ask- construct a storage facility for the Town of Chelmford, and ed for a voice vote, motion carried, unanimously. further moved that the Town vote to authorize the Board of Selectmen to negotiate and execute all necessary and UNDER ARTICLE 15 Chairman of the School Com- proper contracts and agreements thereto, and further mittee, Carl Olsson, moved that the Town vote to authorize moved that the Town vote to transfer from free cash the the School Committee to transfer, release, or otherwise con- sum of twenty thousand dollars ($20,000.00) to budget line vey the care, custody, management, control, and all other item #135 "Preliminary Project Studies." right, title and interest if any in a parcel of land known as the North school, containing approximately 17.19 acres UNDER ARTICLE 12 Chairman of the School Com- of land, more or less and being a portion of the property mittee, Carl Olsson, moved that the Town vote to authorize taken by the Town of Chelmsford by order of taking dated the School Committee to transfer, release or otherwise con- January 17, 1951, recorded in the Middlesex North District vey the care, custody, management, control, and all other Registry of Deeds, Book 1161, page 258, to the Board of right, title and interest if any held by the School Commit- Selectmen subject to the condition that 33.5% (6 acres) tee, to the Board of Selectmen in a parcel of land and of said parcel shall be for the exclusive and specific use buildings thereon known as the Highland School and con- of Elderly and/or Family Housing by the Chelmsford Hous- taining approximately 32,990 square feet more or less as ing Authority. shown on the records of the Chelmsford Board of Assessors Map 14, Lot 133 for the exclusive and specific use of fami- The School Committee and the Finance Committee were ly housing. in favor of the motion. A discussion followed, questions were asked, and answered. The Moderator asked for a voice Chairman of the School Committee, Carl Olsson, spoke vote, motion carried, unanimously. about the article. The Moderator asked for a voice vote, motion carried, unanimously. UNDER ARTICLE 16 Chairman of the Board of Selectmen, Dennis Ready, moved that the Town vote to UNDER ARTICLE 13 Chairman of the Board of authorize the Board of Selectmen for consideration to be Selectmen, Dennis Ready, moved that the Town vote to determined to convey all right, title and interest, if any in authorize the Board of Selectmen, for consideration to be two parcels of land consisting of a total of six acres, being determined, to convey all right, title and interest, if any, a portion of the property taken by the Town of Chelmsford held by the Town, in a parcel of land and buildings by order of taking dated January 17, 1951, and recorded thereon, known as the Highland School and containing ap- in the Middlesex North District Registry of Deeds, Book proximately 32,990 square feet, more or less, as shown on 1161, page 258 to the Chelmsford Housing Authority Five the records of the Chelmsford Board of Assessors, Map 14, (5) acres of which shall be for the exclusive and specific

Lot 133, to the Chelmsford Housing Authority, for the ex- use of Elderly Housing and one (1) acre of which shall be clusive and specific use of family housing provided that the for the exclusive and specific use of Family Housing con- Town constructs and/or obtains storage facilities deemed tingent upon the Town taking affirmative action on Arti- adequate by the Board of Selectmen. cle 15 of this Special Town Meeting.

The Board of Selectmen support the article. The Finance The Board of Selectmen support the article. The Finance Committee recommends the article. The Moderator ask- Committee recommend the article. George Merrill wanted ed for a voice vote, motion carried, unanimously. to know why the elderly weren't getting all the land instead of just 6 acres, just what was the rest going to be used for. UNDER ARTICLE 14 Chairman of the Board of Selectman Ready showed the area on a map and explain- Selectmen, Dennis Ready, moved that the Town vote to ed that sixty four units of Elderly Housing, a Senior Citizen authorize the Board of Selectmen for consideration to be Center and parking for same, recreation fields and parks, determined, to convey all right, title and interest, if any, Family housing units and the rest would be for conserva- held by the Town in a parcel of land and buildings thereon, tion land. Ruth Delaney explained that the Selectmen con- known as the North Town Hall, and being described in trolled the land left over from what was given to the

- a deed dated February 1, 1853, from Benjamin Adams and Housing Authority, and decided to divide it up as listed.

Thomas J. Adams, to the inhabitants of the Town of A lengthy discussion took place. August Mueller moved the 14

question to stop debate. The Moderator asked if there was Chairman of the Board of Selectmen, Dennis Ready, any need for further debate, hearing none he asked for a moved that the Town vote to transfer from Free Cash the voice vote on the motion. Motion carried, unanimously. sum of twenty thousand dollars ($20,000) to purchase a new repeater and emergency generator and to erect a pre- UNDER ARTICLE 17 Chairman of the Board of cast concrete communication building to house such Selectmen, Dennis Ready, moved that the Town vote to res- equipment. cind Article 20 of the Annual Town Meeting of 1982, passed at the session held on May 10, 1982. William Dalton moved to reconsider Article 10, and explained why he felt that the Article should be brought back The Finance Committee recommended the article. This on the floor for another vote. Philip Currier spoke in favor was money that was to be used for designs and plans for of reconsideration. Gordon Reed spoke against the motion. the North School property. The Moderator asked for a voice A lengthy discussion followed. Edward Marshall moved to vote, motion carried, unanimously. stop debate. The Moderator asked if there was any need for further debate, hearing none he asked for a voice vote UNDER ARTICLE 18 Chairman of the Board of on the motion to reconsider, which left the chair in doubt, Selectmen, Dennis Ready, moved that the Town vote to ap- the tellers came forward and a hand count was taken. The propriate and transfer from the Stabilization Fund the sum Result—Yes 148 No 171, motion defeated. of two hundred thousand dollars ($200,000.00) to design and construct a senior center on the property under the UNDER ARTICLE 21 Chairman of the Finance Com- control of the Board of Selectmen at the North School, mittee, Elizabeth Marshall moved that the Town vote to and being a portion of the property taken by the Town of instruct the Board of Assessors to issue the sum of one Chelmsford by order of taking dated January 17, 1951 and million one hundred thousand dollars ($1,100,000.00) from recorded in the Middlesex North District Registry of Deeds, Free Cash in the Treasury for the reduction of the tax rate. Book 1161, page 258, said contracts to be made under the supervision of the Board of Selectmen and contingent upon The Finance Committee asked for support of the arti- the Town taking affirmative action on Article 15 of this cle. The Moderator asked for a voice vote, motion carried, Special Town Meeting. unanimously.

The Finance Committee is in favor of the article. The George Ripsom moved to adjourn the meeting. Motion

Capital Planning Commission is against the article. The carried. The meeting adjourned at 11:00 PM. Moderator asked for a voice vote, motion carried, unanimously. Dennis McHugh Mary E. St.Hilaire Moderator Town Clerk UNDER ARTICLE 19 Chairman of the Board of Selectman, Dennis Ready, moved that the Town vote to authorize the Board of Selectmen for consideration to be WARRANT FOR determined, to convey all right, title and interest, if any held by the Town in a parcel of land and buildings thereon, THE ANNUAL TOWN MEETING known as the Louise Bishop Senior Center, located at 15 April 5, 1986 and April 28, 1986 Mill Road and containing approximately 15,760 square feet, more or less, as shown on the record of the Chelms- Middlesex, SS. ford Board of Assessors, Plat 140, Block 37, Lot 2; to the Chelmsford Housing Authority, contingent upon the Town To the constable, or any other suitable person of the completing construction of a Senior Center on the North Town of Chelmsford: School property and contingent upon the Town taking affirmative action on Article 15 of this Special Town Meeting. GREETING:

The Finance Committee recommended the article. The In the name of the Commonwealth aforesaid, you are Moderator asked for a voice vote, motion carried, hereby requested to notify and warn the legal voters of said unanimously. Chelmsford to meet in their several polling places, Viz:

UNDER ARTICLE 20 Dwight Hayward, member of Precinct 1. The New Town Office Building Gym- the Finance Committee moved to amend the article by nasium substituting the following after the word ($20,000) "to pur- Precinct 2. North Congregational Church Hall chase a new repeater and emergency generator and to erect Precinct 3. Parker School Band Room a precast concrete communication building to house such Precinct 4. East Chelmsford School equipment." Precinct 5. Byam School Cafetorium Precinct 6. Westland School Cafeteria

The Capital Planning Committee was in favor of the mo- Precinct 7. North Congregational Church Hall tion. The Moderator asked for a voice vote on the motion Precinct 8. McCarthy Junior High School, Small to amend, motion carried. He then asked for a voice vote Gymnasium on the main motion as amended, motion carried, Precinct 9. South Row School Auditorium unanimously. The article reads as follows: Precinct 10. South Row School Auditorium 15

Precinct 11. Westlands School Cafeteria tion, development of training programs,, salary, Precinct 12. McCarthy Junior High School, Small wages, benefits, counseling, unemployment com- Gymnasium pensation, labor contract administration, and collective bargaining: On Saturday, the fifth (5th) day of April, 1986, being the first Saturday in said month, at 8:00 A.M., for the (2) implementing, maintaining, and/or ad- following purposes: ministrating, an Affirmative Action Program, Equal Employment Opportunity Policies and To bring in their vote for the following officers: Procedures, Civil Service regulations, performance evaluation and promotion procedures as Two Selectmen for three years well as all personnel record retention practices:

One Member of the Board of Assessors for three years (3) such other job related duties, functions, and responsibilities as assigned to said Personnel One Cemetery Commissioner for three years Director by the Executive Secretary.

One Member of Housing Authority for five years (4) The Executive Secretary shall be responsible for carrying out all the duties of said Personnel

One Member of Board of Health for three years Director, until said Personnel Director is hired, and during all interm periods, without any ad- One Park Commissioner for three years ditional compensation.

One Constable for three years All references to the "Personnel Board", or "Board" shall be deleted from all sections and One Sewer Commissioner for three years subsections of the Personnel wage and salary By- Law, and replaced with the word Personnel Two Members of Public Library Trustees for three years Director.

Two Members of School Committee for three years The Personnel Director shall have, in addition to the above responsibilities, duties and func- Two Planning Board Members for three years tions, all responsibilities duties and functions which existed heretofor in the Personnel Board. The poles will be open from 8:00 A.M. to 6:00 P.M.; and to meet in the McCarthy Junior High School Gym- 2. Under Section 5, subtitled Records, delete the en- nasium on Monday, the twenty-eight (28th) day of April, tire Section and substitute the following in its place: 1986, at 7:30 P.M. o'clock in the evening, then and there to act upon the following Articles, Viz: A central personnel file for all employees subject to this plan shall be established and maintained in the

ARTICLE 1. To hear reports of the Town Officers and office of the Personnal Director. They shall contain Committees; or act in relation thereto. vital statistics, record of wages or salaries and of changes in wages and salaries and such other infor- Board of Selectmen mation as may be requested by the Personnel Director.

ARTICLE 2. To see if the Town will vote to amend the

Personnel Wage and Salary By-Law to be effective July 1, 3. Under Section 6, subtitled Classification of Town 1986, as follows: Employees, Amend Subsection "E" "Wage and Salary Schedule" by deleting the existing schedule and

1. Under Section 3, subtitled Personnel Board, delete substituting the following: the entire Section and substitute the following in its place. E. WAGE AND SALARY SCHEDULE JULY 1, 1986-JUNE 30, 1987 The Plan shall be administered by a Personnel Grade Level Salary Range

Director. The Personnel Director shall be hired by 1A $12,065 - $15,021

and report directly to the Executive Secretary. The IB 13,637 - 16,978

duties of said Personnel Director shall, under the ad- 1C 15,210 - 18,936

ministrative directions of the Executive Secretary, in- ID 18,357 - 22,854

clude, but not be limited to: 2 23,078 - 28,732

3 30,947 - 38,529

(1) developing, administering, and managing, with 4 35,669 - 44,408

full accountability, all the Town's personnel func- 5 40,390 - 50,286 tions and activities, including, but not limited

to, recruitment, screening applicants, orienta- 4. Under Section 6, subtitled Classification of Town . .

Employees, add a new Subsection (F) "Longevity ARTICLE 2A. To see if the Town will vote to amend Payments": the Personnel Wage and Salary By-Law by further amending Section 24, Job Titles and Standard Rates for Wages (F) Longevity payments shall be provided to each and Salaries of the Personnel Wage and Salary By-Law, regular full time employee covered by this Plan to conform to rates of pay negotiated by the Town with cer-

as shown below. Longevity is added to the base tain labor organizations, pursuant to General Laws Chapter pay. It shall not be used when, computing over- 150E, and to reflect current salaries and grade levels under time, for purposes of retirement or sick leave. the Personnel By-Law as follows: Longevity shall be paid semi-annually on the first pay day in December and the first pay day in June. Longevity shall be paid on a pro-rata basis. Proposed Proposed ADMINISTRATIVE & CLERICAL Salary

1. Executive Secretary 2. Town Accountant (1) Upon completion of five years full time 3. Veteran's Agent employment, said employee shall receive a 4. Town Aide 1 V& percent increment over and above their 5. Assistant to Assessors base pay. 6. Assistant Town Clerk 7. Assistant Treasurer 8. Clerk, Senior (2) Upon completion of ten years full time 9. Clerk, Junior employment, said employee shall receive a 10. Clerk, Part-Time 11. Town Counsel $500 P.A. 3 percent increment over and above their 12. Board of Reg., Three Members . $360 EA. base pay. 13. Assistant Town Accountant 14. Personnel Director

(3) Upon completion of fifteen years full time CONSERVATION, PARKS & CEMETERY employment, said employee shall receive a Cemetery Superintendent Supt. of Inspect & Pest Control their 4 V2 percent increment over and above Landscaper— Park base pay. Laborer — Park Unskilled Laborer

Skilled Forest Workman— Conservation . (4) Upon completion of twenty years full time Equipment Operator employment, said employee shall receive a Park Superintendent 6 percent increment over and above their CUSTODIAL

base pay. 1. Custodian

LIBRARY 5. Under Section 7, subtitled Hiring of New Library Director . . .• Employees, delete Subsection B and substitute the Library Department Head Library Specialist following in its place: Library Assistant Library Clerk (B) No person shall be employed by the Town until Assistant .... such person has a medical examination by a Library Assistant Director licensed practicing physician certifying that such

person is physically able to perform the duties HIGHWAY DEPARTMENT 1. Highway Superintendent for which he or she is to be hired. The physician 2. Highway Foreman shall be designated by the Personnel Director. All TOWN FIRE certifications shall become a permanent part of DEPARTMENT 1. Fire Department the person's personnel records, provided that this 2. Deputy Fire Chief requirement shall not apply to persons already 3. Captain

4. Mechanic (Fire & Police) . . employed by the Town on the effective date of this Amendment, except as provided in Section TOWN POLICE DEPARTMENT 16 of the By-Law; 1. Police Chief 2. Deputy Chief 3. Captain 6. Under Section 24 subtitled "Job Titles and Stan- dards Rates of Wages and Salaries of the Person- RECREATION Director/Youth Center Coordinator nel Wage and Salary By-Law", by adding the Clerk, Part-time following positions: Waterfront Director Swimming Instructor Lifeguard Administrative: Clerical Playground Supervisor 14. Personnel Director Recreation Specialist Recreation Leader Youth Center Supervisor Library Youth Center Leaders 8. Library Assistant Director; OTHER POSITIONS

1. Building Inspector or act in relation thereto. 2. Electric Inspector

3. Local Inspector . .

Personnel Board 4. Gas Inspector. . . . A,

Dog Officer ARTICLE 8. To see if the Town will vote to request the Assistant Dog Officer Van Driver Department of Revenue, Division of Accounts of the Com-

Sealer of Weights & Measures - $2,000 P.A. monwealth of Massachusetts, to make an audit of all ac- Animal Inspector SI, 000 P.A. counts in all departments in the Town of Chelmsford; or Clock Winder $200 P.A. Town Engineer act in relation thereto.

FOOTNOTES Town Treasurer #1 — Represented by Collective Bargaining #2 -Not in "Job Rating Plan" #4 — Federal Minimum Hour Wage ARTICLE 9. To see if the Town will vote to raise and #5 — Salary will be 200% of the highest paid Union Firefighters established by State Law. appropriate or transfer from available funds a certain sum of money to be used as a Reserve Fund at the discretion or act in relation thereto. of the Finance Committee, as provided in General Laws, Chapter 40, Section 6; or act in relation thereto. Personnel Board Finance Committee

ARTICLE 3. To see if the Town will vote to accept the provisions of Chapter 32B Section 7A as amended, "Shall ARTICLE 10. To see if the Town will vote to raise and the Town in addition to the payment of sixty percent of appropriate, or transfer and appropriate from available a premium for contributory group life and health insurance funds a certain sum of money with which to meet bills of for employees in the service of the town and their previous years; or act in relation thereto. dependents, pay a subsidiary or additional rate?"; or act in relation thereto. Board of Selectmen

Petition ARTICLE 11. To see if the Town will vote to raise and appropriate, transfer and appropriate from available funds, transfer appropriate the Stabilization ARTICLE 4. To see if the Town will vote to pay 90% and from Fund, or some lesser percentage of the premiums for contributory transfer and appropriate from revenue sharing funds, group life and health insurance for town employees; or act and/or borrow a certain sum of money for the closure of in relation thereto. the Swain Road landfill, said contracts to be made under the supervision of the Board of Health; or act in relation

Petition thereto.

ARTICLE 5. To see if the Town will vote to accept the Board of Health provisions of General Law Chapter 32 B Section 10 authorizing any Town to provide dental benefits as part ARTICLE 12. To see if the Town will vote to authorize of group general or blanket insurance providing hospital, the Board of Selectmen and/or the Sewer Commissioners surgical, medical or other health insurance benefits for cer- to acquire any and all temporary and/or permanent tain persons in the service of the Town and their easements, and any property in fee simple with the dependents; or act in relation thereto. buildings and trees thereon by purchase, eminent domain, or otherwise, for the property indicated in the Town of Petition Chelmsford, Massachusetts, and further described and shown on a set of plans, entitled Plan of Sewer Easement in Chelmsford, Massachusetts, North Interceptor Sewer, ARTICLE 6. To see if the Town will vote to raise and for the February, appropriate such sums of money as may be required to prepared Chelmsford Sewer Commission, 1986, scale 1 inch = 40 feet, by Howe surveying, and a plan defray Town charges for the fiscal period from July 1, 1986 to June 30, 1987; or act in relation thereto. entitled "Subdivision of Land in Chelmsford prepared for the Town of Chelmsford 1"=40' dated December 11, 1985, Town Treasurer Prepared by William G. Troy", copies of which are on file in the office of the Town Engineer and are incorporated herewith, for the purpose of constructing and maintain- ARTICLE 7. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Board of ing sewers, pumping stations, and all other appurtenances to see if will raise Selectmen, to borrow money from time to time in anticipa- thereto and the Town vote to and appropriate, transfer and appropriate from available funds, tion of the revenue of the financial year beginning July 1 1986; in accordance with the provisions of General Laws, transfer and appropriate from the stabilization fund, revenue sharing Chapter 44, Section 4, and to issue a note or notes as may transfer and appropriate funds and/or bor- be given for a period of less than one year in accordance row a certain sum of money to defray all necessary costs, with General Laws, Chapter 44, Section 17 and 17 (a); or fees and expenses in connection with the acquisition of said act in relation thereto. land and for paying any damages which may be awarded as the result of any such taking; or act in relation thereto. Town Treasurer Board of Selectmen Sewer Commissioners .

ARTICLE 13. To see if the Town will vote to raise and 4. Enforcement. appropriate, transfer and appropriate from available funds, transfer and appropriate from the stabilization fund, The Board of Health or its Enforcement Officer may, transfer and appropriate from revenue sharing funds, according to law, enter upon any premises at any and/or borrow a certain sum of money for capital im- reasonable time to inspect for compliance with the provements throughout the Town and Capital Im- provisions of this By-Law. Upon demand by the owner provements for the School Department as recommended or person in control of the premises, however, the at Town Meeting by the Capital Planning Committee; or Board of Health or its Enforcement Officer shall ob- act in relation thereto. tain a warrant authorizing such entry and inspection. Information necessary to demonstrate compliance Board of Selectmen shall be submitted by the occupant of the premises

at the request of the Board of Health or its Enforce- ARTICLE 14. To see if the Town will vote to transfer ment Officer. If requested, samples of subsurfaces the sum of $15,000.00 from the Sale of Graves and Lots materials and/or materials stored shall be provided to the Improvement and Development Fund of the to the Board of Health or its Enforcement Officer Cemetery Department; or act in relation thereto. for testing. All records pertaining to said materials, disposal and removal shall be retained for no less than Cemetery Commission five years, and shall be made available for review within 48 hours of a request.

ARTICLE 15. To see if the Town will vote to amend to 5. Violation. the General By-Laws, Article VII Miscellaneous, by adding the following: Section II. Discharge of subsurface Upon determination by the Board of Health of a material and storage of fuels, substances, etc., within violation of this By-Law, the Board may issue such 1200 feet of wells. order as it deems appropriate to remedy the violation. The order may include a compliance schedule 1. Definitions for those activities which the Board of Health deems reasonably necessary to abate the violation. In this By-Law, the following terms have the following meaning; 6. The Planning Board, Board of Appeals and Building Inspector shall be prohibited from issuing any special (a) Subsurface material: any substance defined as permits variances or building permits in contraven- (1) a Hazardous waste by any federal or state tion of this By-Law and any said permits shall be agency; by any Federal or State regulation, or deemed null and void. pursuant to Article X of the Town of Chelmsford General By-Laws. (2) Septic wastes, whether or 7. Penalty. not pretreated, and (3) Industrial waste, (4) and/or any other material found to be hazardous Violation of this By-Law shall be punishable by a fine and/or dangerous to the public health, welfare of $300.00 for each offense. Each day that such viola- and safety and/or environment, by the Board of tion continues shall constitute a separate offense. Health.

8. Severability. (b) Discharge: The Discharge, deposit, injection, dumping, spilling, leaking, incineration, or plac- It is hereby declared that the provisions of this by- ing of substance materials below any surface. Law are severable, and if any provisions of this By- Law shall be declared unlawful by a valid judgement (c) Storage: The actual or intended containment of or decree of any court of competent jurisdiction, such subsurface materials. invalidity shall not affect any of the remaining provisions of this By-Law. 2. No subsurface material shall be discharged or stored within 1200 feet of any wells located within the Town, or act in relation thereto. if said wells supply the inhabitants of the Town with water, whether through an established Water District Board of Selectmen or municipal wells. Board of Health

3 No fuels or subsurface material shall be stored within ARTICLE 16. To see if the Town will vote to accept the 1200 feet of any wells located within the Town, if said provisions of General Law, Chapter 44 Section 53E; or act wells supply the inhabitants of the Town with water, in relation thereto. whether through an established Water District or Municipal Wells. Board of Selectmen 19

ARTICLE 17. To see if the Town will vote to amend the The Town Clerk shall not grant such license for General By-Laws, Article VII — Miscellaneous, by deleting any dog unless the owner thereof provides the

Section 1. Dog Leash Law, and Section 8. Licensing of Town Clerk with either a veterinarian's certifica- Dogs, by deleting said sections in their entirety, and tion that such dog has been vaccinated in accor- substituting the following in their place. dance with the provisions of Section 145 B or has been certified exempt from such provision as

Section I. Regulation of Dogs outlined in Section 137 or 137A, or a notarized letter from a veterinarian that a certificate was

1. REFERENCE TO MASSACHUSETTS GENERAL issued or a metal rabies tag bearing an expira- LAWS tion date indicating that such certification is still in effect. Any reference to a "Section number" in this By-Law shall mean Chapter 140 of the Massachusetts General The Owner or keeper of a licensed dog shall

Laws, unless otherwise stated. cause it to wear around its neck or body a collar or harness of leather or other suitable material, 2. DEFINITIONS to which shall be securely attached a tag in a form prescribed by and issued by the Town Clerk

Unless otherwise set out in this By-Law, any term when a license is issued. Such tag shall state the defined in Section 136A, shall have the same mean- following: (a) Town of Chelmsford, (b) Year of ing in this By-Law, and shall be expressly incor- issue, and (c) tag number. If any such tag shall porated herein. be lost, the owner or keeper of such dog shall forthwith secure a substitute tag from the Town OWNER— Owner shall be intended to mean any per- Clerk at a cost of one dollar. This section shall

son or persons, firm, association or corporation own- not apply where it is otherwise provided by law,

ing, keeping or harboring a dog owned or kept in nor shall it apply to a person having a kennel the Town. license.

(b) provisions of Section 138 138 shall AT LARGE—At Large shall be intended to mean off The and A the premises of the owner, and not under the con- be expressly incorporated herewith shall hence- forth apply under this By-Law. trol of the owner or authorized escort either by leash, cord, chain, or otherwise. (c) A license duly recorded shall be valid throughout the except that, in the case of LICENSE PERIOD -The license period shall be commonwealth, the permanent moving of a dog into the town, from January 1 of each year to December 31 of the the or keeper thereof shall, within thirty same year. owner days after such moving, present the original license and tag of such dog to the Town Clerk 3. REGISTRATION AND LICENSES and said Town Clerk shall take up the same and issue to said owner or keeper a transfer license, (a) A person who at the commencement of a license together with a tag, for such dog upon payment period is, or who during any license period be- of dollar. provisions of this By-Law comes, the owner or keeper of a dog three one The relative to the form and furnishing of licenses months old or over which is not duly licensed, tags shall to licenses and tags issued and the owner or keeper of a dog three months and apply under this paragraph. old or over which is not duly licensed, and the

owner or keeper of a dog when it becomes three months old during a license period, shall cause 4. KENNEL LICENSE

it to be registered, numbered, described and (a) person maintaining a kennel shall have a licensed until the end of such license period, and Any kennel license. the owner or keeper of a dog so registered, numbered, described and licensed during any license (b) person meets any requirement of the period, in order to own or keep such dog after Any who Section the beginning of the succeeding license period, Town of Chelmsford by- Laws, and 137A, may obtain a Kennel License from the Town shall, before the beginning thereof, cause it to Clerk prescribed and supplied the be registered, numbered, described and licens- on a form by Clerk for a fee as set out in Section ed for such period. The registering, numbering, Town and Clerk shall describing and licensing of a dog shall be done 5 of this By-Law. The Town upon application issue without charge kennel license in the office of the Town Clerk on a form pre- a scribed and supplied by the Town Clerk, and to any domestic charitable corporation incor- exclusively for the of protecting shall be subject to the condition expressed porated purpose animals from cruelty, neglect or abuse and for therein that the dog which is subject of the animals. license shall be controlled and restrained form the relief of suffering among killing, chasing or harassing live stock or fowls. 20

(c) The provisions of Section 138 and 138 A shall Fifty Dollars ($50.00) for every kennel license be expressly incorporated herewith shall hence- for over 10 dogs. forth apply under this By-Law. All the fees shall be increased by Five Dollars ($5.00) (d) The Chief of Police or dog officer may at any on the first day of the second month following the time inspect or cause to be inspected any kennel required licensing period, as outlined in section 3 (a)

and if, in their or his judgement, the same is not of this By-Law, and by an additional Five Dollars being maintained in a sanitary and humane ($5.00) on the first day of each succeeding month. manner, or if records are not properly kept as required by law, shall file with the Selectmen a 6. DOG OFFICER petition setting forth the facts, and the Select- men shall upon this petition, or upon a petition The Board of Selectmen shall annually appoint a dog of twenty-five citizens, setting forth that they are officer and as many assistant dog officers as said aggrieved, or annoyed to an unreasonable extent, board determines necessary to enforce this By-Law by one or more dogs at a kennel maintained in and, said individual(s) shall enforce this By-Law and town, because of excessive barking or vicious perform such other duties as the Selectmen may disposition of said dogs or other conditions con- determine. The Selectmen shall determine hours and nected with such kennel constituting a public conditions of work for the dog officers. Compensa- nuisance, said Selectmen, within seven days after tion for persons appointed under this By-Law shall the filing of such petition, shall give notice to be consistent with other By-Laws dealing with salaries all parties in interest of a public hearing to be of appointed officials. held within fourteen days after the date of such

notice. Within seven days after such public hear- The provisions of Section 151 and 151A regarding killing said Selectmen shall make an order either ing and or transfer of and dogs shall apply and are revoking or suspending such kennel license or expressly incorporated in this By-Law. No dog officer otherwise regulating said kennel, or dismissing shall be a licensed animal dealer registered with the said petition. Within ten days after such order United States Department of Agriculture, and no dog the holder of such license may bring a petition officer, either privately or in the course of carrying in the district court as outlined in Section 137C. out his official assignments as an agent for this town, Any person maintaining a kennel after the or shall any other agent of the town, give, sell, or turn license therefor has been so revoked, or while over any animal which may come into his custody

such license is so suspended, shall be punished to any business or institution licensed or registered as set forth in section 18 of this By-Law. The as a research facility or animal dealer with the United Selectmen may in the case of any suspension, States Department of Agriculture whoever violates the reinstate such license. provisions of this paragraph shall be punished as provided in Section 151. (e) The provisions of Section 138 and 138 A shall be expressly incorporated herewith shall hence- 7. LEASH LAW forth apply under this By-Law. No owner or keeper of any dog shall permit such dog 5. LICENSE FEES to run at large at anytime. The provisions of this section shall not be intended to apply to dogs par- The fee for every dog licensed shall be as follows: ticipating in any dog show, nor to "seeing-eye' dogs properly trained to assist blind persons for the pur- Four Dollars ($4.00) or every neutered male pose of aiding them in going from place to place, nor dog. to any dogs properly trained and under control of Four Dollars ($4.00) for every spayed female and aiding the deaf, nor to any dogs being trained dog. or actually being used for hunting purposes. Seven Dollars ($7.00) for every male and female dog. Nothing contained in the foregoing paragraph shall prevent the Selectmen from passing any orders Determination of licensing eligibility, dogs not re- authorized by Massachusetts General Laws or by Sec-

quired to be licensed, or refunding license fees, shall tion 167 at such times as they shall deem it necessary be determined as set out in Section 139. to safeguard the public.

The fee for every kennel license shall be as follows: Every owner or keeper of a dog shall exercise proper care and control of their dog so as to prevent said Ten Dollars ($10.00) for every kennel license dog from becoming a public nuisance. It shall be for 4 dogs or less deemed a public nuisance if any dog should trespass Twenty-five Dollars for every kennel license upon public or private property and deposit feces ($25.00) for over 4 but not over thereon, unless said feces are immediately removed 10 dogs. by the owner or keeper of said dog. 21

8. CONFINEMENT ETC., OF DOGS 11. DAMAGE CAUSED BY DOGS

The dog officer shall seek out, catch and confine all Whoever suffers loss in a manner described in Sec- dogs within the town that have not been licensed tion 161 shall inform the dog officer of such loss, who within 60 days of the time the dog is required to be shall investigate the circumstances of said loss. In the

licensed under this By-Law; and shall seek out, catch event it is found that the damage was caused by a and confine any dogs within the town that are found dog and the estimate of damages by the dog officer

on public property, or on private property where said is less than $50, he shall submit a report to the Board

dog is trespassing and the owner or person in con- of Selectmen. If the estimate is over $50, he shall have trol of such property wants the dog removed, said the damage appraised on oath, by three persons, one dogs being in violation of this requirement of this By- person appointed by the dog officer, one appointed Law; and shall seek out, catch and confine any dog by the person alleged to be damaged and one ap- within the town when said dog was cited for a viola- pointed by the other two. Said appraisers shall act tion of any provision of this By-Law, and the owner as outlined in Section 161 and turn in said appraisal or keeper has failed within 21 days to avail himself to the Board of Selectmen who may authorize pay- to Section 16 or 17 of this By-Law, or within 21 days ment, or make such independent investigation as they of a determination by the court under the provisions think proper, and shall issue an order upon the Town

of Article 1, Section 2 of the Town of Chelmsford Treasurer for any amount as they decide to be just General By-Laws that any sums are due, and has fail- and shall notify all interested parties of their deci- ed to pay said sums. sion. The appraisers shall receive payment from the

town in a manner as is authorized in Section 161. All Any owner or keeper of any dog who refuses to turn funds expended under this section shall come from over any dog to the dog officer upon demand, said the Dog Fund. seeking out, catching or confinement authorized in the paragraph above, shall be punished by a fine of The Selectmen may appoint a temporary investigator One Hundred Dollars ($100). Each day that said in any case that the board believes in its reasonable violation continues shall constitute a separate offense. discretion requires further investigation, and if said

investigator believes that the evidence is sufficient to 9. DISPOSITION OF DOGS sustain an action against the owner or keeper of the dog, he shall recommend to the Board of Selectmen Any dog confined by the dog officer, unless picked that said action be brought, unless the owner or up by the owner, shall be kept for at least 10 days, at keeper before action brought pays him such amount which time said dog may be disposed of in a manner in settlement of the damages as he deems reasonable. determined by the Board of Selectmen, provided that After the recommendation of the investigator, the at the end of 10 days, the dog officer may make avail- Selectmen may order that action shall be brought in able for adoption any male or any spayed female dog his own name or in the name of the Town of not found to be diseased. Any dog confined by the Chelmsford or both, as the Selectmen, determine. dog officer shall not be released to the owner until the owner produces evidence of a current dog license, If the Selectmen determine, after notice to parties

and pays a sum of $10 per day for care of the animal, interested and a hearing, who is the owner or keeper each day or part of a day counted as one day. For of any dog which is found to have worried, maimed any dog adopted under this paragraph, a fee of $10 or killed any live stock or fowls, thereby causing shall be charged, and said dog shall be licensed before damages for which their owner may become entitl- adoption. Any fees in this paragraph are to be in ad- ed to compensation from the dog fund under this By- dition to fees or fines as specified elsewhere in this Law they shall serve upon the owner or keeper of such By-Law and/or under Massachusetts General Laws. dog a notice directing him within twenty-four hours No dog shall be turned over or sold in any manner to kill or confine the dog. A person who owns or inconsistent with Section 151 or disposed of inconsis- keeps a dog, and who has received such notice and tent with the provision of 151A. does not within twenty-four hours kill such dog or

thereafter keep it on his premises or under the im- 10. EMERGENCY TREATMENT mediate restraint and control of some person, shall be punished as provided in Section 18 of this By-Law, Any veterinarian registered under the provisions of and any police officer, constable or dog officer may section fifty-five or fifty-six A of chapter one hun- kill such dog if it is found outside of the enclosure dred and twelve who provides emergency treatment of its owner or keeper and not under his immediate

of a dog or cat that is injured on any public way in care. Chelmsford shall receive in lieu of payment from the county dog fund as allowed in Section 151 B, pay- The Board of Selectmen, or their agents thereto ment from the Dog Fund provided by under this By- authorized in writing, may, after written notice to the Law. All other provisions of Section 151 B shall be owner or keeper, enter upon the premises of the owner incorporated herein under this By-Law. or keeper, of any dog known to them to have worried or killed live stock or fowls, and then and there kill such dog, unless such owner or keeper whose 22

premises are thus entered for the said purpose shall order or check. The payment to the Town Clerk shall give a bond in the sum of two hundred dollars, with operate as a final disposition of the case. sufficient sureties, approved by the Board of Select- men conditioned that the dog shall be restrained for If such person when issued a citation desires to con- twelve months next ensuing. And if the owner or test the violation through the Informal Disposition keeper of the dog declares his intention to give such Process, he may, within 21 days of said issuance, re- a bond, said Selectmen or their agents, shall allow quest a hearing with the Town Clerk, or a hearing him seven days, exclusive of Sundays and holidays, officer appointed by said clerk, and may present in which to procure and prepare the same and to pre- either in person or by counsel, any evidence he may

sent it to them, or to file it with the Town Clerk. have to refute the allegation contained in the citation. At such hearing, the clerk or hearing officer 12. LIABILITY FOR DAMAGES shall make a determination as to facts of the allegation, and said determination shall be final regarding The owner or keeper of a dog which has done damage the informal disposition process. to live stock or fowls shall be liable in tort to the town for all damages so done in which the Town has been 17. NON CRIMINAL DISPOSITION OF VIOLATION requested to pay as provided by General Laws Chapter 140 or by this By-Law. Such action may be If any person so notified by citation desires to con- brought by the Board of Selectmen, or by a tem- test the violation alleged in the citation notice without porary investigator as authorized in Section 11 of this availing themselves to the provisions of the informal By-Law. process, or desires to contest the decision of the clerk or hearing officer, he may avail himself to the pro-

13. REWARDS cedures established in Article 1, Section 2 or the Town of Chelmsford General By-Laws. In either of the The provisions of Sections 162 regarding the rewards above cases, or if the owner or keeper of a dog fails for killing a dog shall be incorporated herewith with to respond to the citation within 21 days, the Town said funds being paid from the Dog Fund. Clerk shall forward a copy of the citation to the

District Court where it shall be handled under the

14. ORDERING DOGS TO BE MUZZLED OR RE- provisions of Article 1, Section 2 of the Town of STRAINED Chelmsford General By-Laws.

All the provisions of Section 167 shall be incorporated 18. PENALTY into this By-Law except that any dog held under the

provisions of Section 167 may not be released until (1) The following penalties, except where indicated all the requirements of this By-Law, regarding licen- herein shall be in effect for violations of the Leash sing and the fee for care of the animal, are complied Law provisions of this By-Law: with. All other provisions of Section 167 shall be incorporated herein. (a) Informal Disposition Process 1st Offense in calendar year f 25 15. VIOLATIONS 2nd Offense in calendar year $ 50 3rd or Subsequent Offense in Any person authorized to enforce provisions of this calendar year $100 By-Law shall in addition to any pickup of the dog pursuant to this By-Law, issue a citation to the owner (b) Non Criminal Disposition through Article

or keeper of any dog violating the provisions of the 1, Section 2, Town of Chelmford General Leash Law requirements of this By-Law. Any such By-Laws. citation shall include, in addition to the violation charged, the name and address of the owner or 1st Offense in calendar year $ 50 keeper of the dog, the date and time and location 2nd Offense in calendar year $100 of the alleged offense, and the amount of the penal- 3rd or Subsequent Offense in ty due, said citation shall be on a form prescribed calendar year $150 by the furnished by the Town Clerk. (2) Violation of Section 4, (d) of this By-Law shall 16. INFORMAL DISPOSITION PROCESS be $50.

The owner or keeper of the dog that receives a cita- (3) Penalties for violations of any other provision of tion under this By-Law, may within 21 days, confess this By-Law shall be $100. to the offense charged by personally or through a duly authorized agent or by mailing to the Town Clerk, (4) Each day of all said violations shall constitute a said citation along with payment in the amount as separate offense. authorized under the PENALTY provisions of this By-Law. Said payment shall be by postal note, money 23

19. DOG FUND 149, 155, 155A, 156, 157, 158, 159, 160, 161A, 168, 174A, 174B, and 175D. There shall be a dog fund established by the town under the provisions of Chapter 44, Section 53 E of 23. EFFECTIVE IMPLEMENTATION DATE OF THIS Massachusetts General Laws which shall be used to BY-LAW make purchases necessary to administer this By-Law

and to pay any expenses relating to this By-Law or This By-Law shall go into effect on December 31, for any other costs that Massachusetts General Laws 1986, and until said date, all areas of Massachusetts

require to be paid from the county dog fund. Said General Laws and Sections 1, and 8 Article VIII — fund shall be administered by the Town Accountant Miscellaneous of the Town of Chelmsford General By- and may receive funds from usual municipal finan- Laws shall remain in effect. cing methods and from any fees or fines collected under this By-Law. The Board of Selectmen shall 24. SEVERABILITY CLAUSE determine a maximum amount that shall stay in said fund, with all additional funds being turned into the If any part, section or provision of this By-Law is General Fund. found to be invalid, the remainder of this By-Law shall not be affected thereby. The Board of Selectmen may determine certain salaries or expenses that may not be funded with this Or act in relation thereto. fund but must be appropriated through the usual municipal financing procedure, and such determina- Board of Selectmen tion shall be binding on this administration of this fund by the Town Accountant. ARTICLE 18. To see if the Town will vote to accept the provisions of General Law, Chapter 140 Section 147A 20. ANTI-RABIC VACCINE AND TREATMENT authorizing the Town of Chelmsford to enact By-Laws and ordinances relative to the regulation of dogs; or act in rela- The Board of Health shall, upon application furnish tion thereto. free of charge to any resident who has been exposed to rabies, or may have been so exposed, anti-rabic Board of Selectmen vaccine and anti-rabic treatment, in accordance with rules regulations and which the Department of Public ARTICLE 19. To see if the Town will vote to raise and Health is authorized to make. Any resident shall have appropriate, transfer and appropriate from available funds, the right to select his own physician, who shall be transfer and appropriate from the Stabilization Fund, paid by the Town at a rate established by the Board transfer and appropriate from revenue sharing funds, of Health, and the fact that a physician is a member and/or borrow a certain sum of money for the purpose of shall of the Board of Health not disqualify him from completing Engineering Design and securing all necessary being so selected and from being paid by the town plans and specifications for implementation of Traffic for his services. Reimbursement for the cost of fur- Design at Summer Street and Boston Road, and further nishing vaccine and treatment, not exceeding fifty* to authorize the Board of Selectmen to complete all ap- dollars shall in the case of any one person, be made plications and take all necessary steps to apply for Federal for the Dog Fund. and State funds for the implementation of these plans and specifications; and further to authorize the Board of Select- 21. DOG LISTINGS men to enter any and all contracts for the implementation of those plans and specifications, and for the Persons authorized or directed by section four of expenditure of all Federal and State funds available to the chapter fifty-one or by any special law to make lists Town for said implementation; or act in relation thereto. of persons three years of age or older shall make a list of all dogs owned by the inhabitants of the town Board of Selectmen at the time of making lists required under such sec- in to tion and return the same duplicate the Town ARTICLE 20. To see if the Town will vote to raise and Clerk on or before April first. An owner or keeper appropriate, transfer and appropriate from available funds, of a dog who refuses to answer or answers falsely to transfer and appropriate from the Stabilization Fund, persons directed or authorized to make a list of the transfer and appropriate from revenue sharing funds a cer- owners of dogs shall be punished by a fine of not less tain sum of money to pay for the Town of Chelmsford por- dollars. than ten tion of the shared traffic engineer, as funded by E.O.C.D. multi-community grant; or act in relation thereto. 22. MASSACHUSETTS GENERAL LAWS INCOR- PORATED INTO THIS BY-LAW Board of Selectmen

The provisions of the following sections of Chapter ARTICLE 21. To see if the Town will vote to raise and 140 of Massachusetts General Laws shall be incor- appropriate, or transfer and appropriate from available porated into this and apply to By-Law; Section 145B, funds a certain sum of money to the appropriate salary line 24

items to fund approved wage and salary increases and ex- the General By-Laws Article VI — Police Regulations, Sec- pense allocations in departmental accounts to be recom- tion 19 Prohibition on Leaving Motor Vehicles in Cer- mended by the Board of Selectmen at the Annual Town tain Private Ways, by deleting paragraph #2 in its entirety,

Meeting; or act in relation thereto. and substituting the following in its place:

Board of Selectmen 2. It shall be unlawful to obstruct or park a motor vehicle in any fire lane, such fire lane to be designated ARTICLE 22. To see if the Town will vote to raise and by the Board of Selectmen and shall be posted as appropriate or transfer from available funds, the sum of such. Said fire lane to be NOT LESS THAN eigh- $20,000, to be placed in a special fund as authorized under teen (18) Feet Wide for all buildings in any shopping the provisions of Chapter 44, Section 53C of the General center, bowling alley, theatre, nursing home, office Laws. Said funds to be used, along with all other monies building, or other public building. The establishment

received by the Town as compensation earned by it's of fire lanes as set forth above shall be at the sole employees from off-duty work details, in such manner and discretion of the Board of Selectmen and shall run at such times as shall, in the discretion of the authority from the wall of the building or any overhang of the authorizing such off-duty work detail, compensate the building or any sidewalk adjacent thereto. Any fire employee for such service; or act in relation thereto. lane in excess of eighteen (18) feet wide shall have the approval of the property owner or person in con- Petition trol of such property;

ARTICLE 23. To see if the Town will vote to authorize (a) The chief of the Fire Department shall notify all the Town Treasurer, to enter into compensating balance record owners of the designation of Fire Lanes. agreements, during fiscal 1987, as permitted by General Laws Chapter 41, Section 53F; or act in relation thereto. Or act in relation thereto.

Town Treasurer Board of Selectmen

ARTICLE 24. To see if the Town will vote to transfer ARTICLE 29. To see if the Town will vote to accept Hart and appropriate a certain sum of money from the State Road, as laid out by the Board of Selectmen and shown Aid Funds, Additional Aid to Public Libraries, to the by their reports and plans duly filed in the office of the Board of Library Trustees, for the purpose of the enrich- Town Clerk; or act in relation thereto. ment of the Reference collections at the libraries; or act in relation thereto. Board of Selectmen

Board of Public Library Trustees ARTICLE 30. To see if the Town will vote to discontinue a portion of Russell Mill Road, as shown on a plan ARTICLE 25. To see if the Town will vote to authorize of land entitled, "Easement as built Plan of Land in the Board of Library Trustees to expend the monies col- Chelmsford, Massachusetts", prepared by Vanasse/Hangen lected by the Library for lost books and other materials Engineering, Inc., dated February 6, 1986, hereinafter in order to replace lost materials; or act in relation thereto. referred to as the Plan, and to see if the Town will vote to accept the portion of Russell Mill Road, as laid out by Board of Public Library Trustees the Board of Selectmen and shown by their reports and said plan, duly filed in the office of the Town Clerk, and

ARTICLE 26. To see if the Town will vote to transfer to see if the Town will vote to authorize the Board of Select- and appropriate a certain sum of money from the unex- men, for consideration to be determined, to convey and pended proceeds of the School Capital Improvement Pro- transfer, all right, title and interest, if any, held by the Town ject Bond and/or note Issue, from Article 10 of the 1985 in the above parcel of the land located on the discontinued Annual Town Meeting for the purpose of the rehabilita- portion of Russell Mill Road, to the abutters of said pro- tion of the roof at the Westlands School; or act in relation perty; or act in relation thereto. thereto. Board of Selectmen Capital Planning Committee ARTICLE 31. To see if the Town will vote to authorize ARTICLE 27. To see if the Town will vote to accept the the Board of Selectmen to purchase or take by eminent provisions of Massachusetts General Laws, Chapter 64G domain, access easement over a parcel of land described Section 3 A, authorizing the Town of Chelmsford to impose below and owned by New England Power Company; and a local room occupancy excise at the rate of 4%; or act further to raise and appropriate, transfer from available in relation thereto. funds, or borrow a sum of money for appraisal fees, engineering fees, land acquisition costs and related ex- Board of Selectmen penses; the said land is described as follows:

ARTICLE 28. To see if the Town will vote to amend Beginning at a point on the Northerly side of said ; ;

Pine Street at the Southeasterly corner of the granted NORTHWESTERLY by Scotty Hollow Drive and land premises and at land now or formerly of Henry E. now or formerly of Robert M. and Mary T. Sherman; thence running S 83° 30' 35" Hicks, Inc., 1,234.72 feet; W seventy (70) feet to a point; thence N 07° 16' 10" E eighty (80) feet to a point being the Northwest cor- NORTHERLY by land of the Town of Chelmsford ner of said parcel; thence S 82° 43' 50" E ninety-six by three courses, 151.77 feet, 206 and eighty one hundreths (96.80) feet to a point; feet and 102 feet; thence S 31° 30' 55" W sixty-nine and ninety-one hundredths (69.91) feet to the point of beginning of SOUTHEASTERLY By land of Town of Chelmsford herein described parcel of land, containing 5,809 253'+; + /— square feet of land; NORTHEASTERLY Again by land of Town of Chelms- Said parcel of land, a portion which lies in the Town ford 39'+; of Chelmsford and the remainder lying in the Town of Billerica, Middlesex County, Massachusetts: NORTHWESTERLY Again by land of Town of Chelms- ford 32'+;

Said parcel is a portion of land shown as Parcel #3 containing 3.03 acres as shown on Plan of Land for New NORTHEASTERLY By land of Town of Chelmsford by 90" 38' England Power Company which plan is recorded in said 4 courses + , 41'+ , 206'+ , + Registry of Deeds in Book of Plans 119, Plan 152; or act in relation thereto. NORTHWESTERLY By land of the Town of Chelmsford by two courses 97.02 feet and 165 Board of Selectmen feet

ARTICLE 32. To see if the Town will vote to authorize NORTHERLY Again by the land of the Town of the Board of Selectmen, for consideration to be determin- Chelmsford by three courses 64.02 ed, to convey and transfer all right, title and interest, if feet+, 190.75 feet+ and 123.42 any, held by the Town in a certain parcel of land located feet+; at 25 4th Avenue in Chelmsford and shown as lots 62 and 63 on Assessors Map 66; or act in relation thereto. NORTHWESTERLY Again by the land of the Town of Chelmsford, 202.62 feet+; Board of Selectmen NORTHEASTERLY by land of the Lowell Sportsmen ARTICLE 33. To see if the Town will vote to authorize Club, 302.75 feet + ; the Board of Selectmen, for consideration to be determined, to convey and transfer all right, title, interest, if EASTERLY by land of Toffanelli, 217 feet + and , any, held by the Town in a certain parcel of land located and by land of Hulick 145 feet + at 9 Alcorn Road, and being the premises taken by the Town of Chelmsford by an instrument of taking dated May NORTHERLY by land of Hulick 100 feet+; 3, 1979 and recorded in Middlesex North District Registry of Deeds in Book 2364, Page 135, containing approximately EASTERLY by land of McAllister, Richall and 1.3 acres of land, more or less; or act in relation thereto. Thursby, 285.00 feet;

Board of Selectmen SOUTHERLY by land of Murphy, 100 feet;

ARTICLE 34. To see if the Town will vote to amend EASTERLY by land of Murphy, 50 feet; the Zoning By-Law and accompanying Zoning Map referred to therein to change from Single Residence (RB) to SOUTHERLY by land of Grant, McLaughlin, Multiple Residence District (RM), the following described Williams, May, and Cianci, 620 land owned by Robert M. Hicks, Inc., Lennart W. Leed- feet+; berg, Jr., Pauline R. Leedberg, Frederick Abrahamson, Gerald G. Abrahamson, Robert M. Abrahamson, Carlene NORTHEASTERLY by land of Cianci, 376.57 feet + ; M. Dillon, Donald E. Smith, Harriet P. Smith, Dorothy M. Johnson, Whitey Morris, Gloria G. Morris, Thomas W. SOUTHEASTERLY by land of Morris, 140 feet + Sugden, Glendyse E. Sugden: NORTHEASTERLY by land of Morris, 114.28 feet+; The land in Chelmsford, Middlesex County, Massachu- setts, situated on the Northeasterly side of Scotty Hollow SOUTHEASTERLY by land of Johnson, 140 feet; Drive, being shown on a plan entitled "Compiled Sketch

Plan of Land for Robert M. Hicks, Scale 1 ft. =100 ft. dated SOUTHWESTERLY by land of Smith, 114.28 feet; January 5, 1985," being bounded and described as follows: 26

SOUTHEASTERLY by land of Smith, 120.00 feet; Beginning at a concrete bound in the ground at the Northwesterly corner of the granted premises at the NORTHEASTERLY by land of Smith, 100 feet; Southwesterly corner of the other premises of Sadowski, being shown on a plan of land entitled SOUTHEASTERLY by land of Abrahamson, 100 feet; "Plan of Land in Chelmsford, Mass., belonging to Gertrude M. Fallon, surveyed 3 December 1982, SOUTHWESTERLY by land of Abrahamson, 100 feet; Richard L. McGlinchey, Registered Surveyor", which plan is recorded with Middlesex North District SOUTHEASTERLY by land of Abrahamson and Leed- Registry of Deeds in Plan Book 98, Plan No. 28B; berg, 200 feet; thence running Southeasterly by Fairview Street sixty- one and 60/100 (61.60) feet to a Massachusetts NORTHEASTERLY by land of Leedberg, 133.33 feet; highway bound; thence running Southerly still by Fairview Street, one hundred forty and 79/100 SOUTHEASTERLY by land of Hicks, 150 feet. (140.79) feet to a Massachusetts highway bound at the intersection of Fairview Street and North Road; Containing, according to said plan approximately thence running Southeasterly by North Road, one 31.8 acres of land; or act in relation thereto. hundred sixty-eight 79/100 (168.79) feet to a stone bound at the Northwesterly corner of premises of Petition Elmer G. Crowell and Pauline G. Crowell, being shown on a plan of land entitled "Plan of Land in ARTICLE 35. To see if the Town will vote to amend Chelmsford, Mass. belonging to Gertrude M. Fallon, the Zoning By-Law and accompanying Zoning Map refer- surveyed 13 May, 1961, Richard L. McGlinchey, red to therein to change from single residence (RB) to Registered Surveyor", which plan is recorded with said General Commercial District (CD), the following describ- Registry of Deeds, Book of Plans 94, Plan 135B; ed parcels of land owned by Bertha Sadowski: thence running North 57° 02' 50" East by said Crowell land, two hundred eighteen and 72/100 (218.72) feet The land in Chelmsford, situated on the Northeasterly to an iron pipe in the ground; thence running South side of Fairview Street, bounded and described as follows: 42° 24' 08" East still by said Crowell land, two hundred (200) feet to an iron pipe at ditch and land of Beginning at a stone bound at the Northwesterly cor- the County of Middlesex; thence running North- ner of the premises; thence running North 55° 14' easterly by said land of the County of Middlesex by 17" East by land of Harold and Dora Tucke, ninety- two courses two hundred ninety-seven and 03/100 seven and 04/100 (97.04) feet to a stake in the ground; (297.03) feet to a stone bound in the corner of the thence running South 29° 45' 28" East still by said wall at other land of the County of Middlesex; thence Tucke land sixty-six and 34/100 (66.34) feet to a stone running Northwesterly by other land of the County bound in the corner; thence running North 49° 12' of Middlesex six hundred ten and 85/100 (610.85) feet

52" East still by said Tucke land three hundred ninety- to a concrete bound at said other land of the grantees; nine and 26/100 (399.26) feet to a stone bound at thence running Southwesterly by said other land of land of the County of Middlesex; thence running the grantees, five hundred fifteen and 90/100 (515.90) South 31° 29' 46" East still by said land of the Coun- feet to the point of beginning. ty of Middlesex one hundred twenty (120) feet to a concrete bound; thence running South 49° 17' 12" Containing five and 8/10 (5.8) acres, more or less. West by other land now or formerly of Fallon, five hundred fifteen and 90/100 (515.90) feet to a con- Meaning and intending to describe all of the property crete bound at said Fairview Street; thence running conveyed to Joseph Sadowski and Bertha E. Sadowski North 25° 39' 25" West by Fairview Street two hun- by deed recorded in Middlesex North District dred (200) feet to the point of beginning. Registry of Deeds in Book 1693, Page 129; or act in relation thereto. Containing one and 55/100 (1.55) acres and being shown on a plan entitled "Plan of Land in Chelms- Petition ford belonging to Gertrude M. Fallon, surveyed 3 December 1982, Richard L. McGlinchey", which plan is recorded in Middlesex North District Registry of ARTICLE 36. To see if the Town will vote to authorize Deeds in Plan Book 98, Plan No. 28B. the Board of Selectmen to acquire in fee simple, by purchase, by eminent domain or otherwise, the property with Meaning and intending to describe all the property the buildings and trees thereon beginning at the most conveyed to Joseph Sadowski and Bertha E. Sadowski northwesterly corner of the parcel at the intersection of the by deed recorded in Middlesex North District lot line and the Lowell-Chelmsford boundary line, run- Registry of Deeds in Book 1593, Page 318. ning along said lot line south 13° 46' 36" west two hundred eight and 35/100 (208.35') feet: Also the land situated on the Northeasterly side of Fairview Street and the Northeasterly side of North Thence south 88° 55' 09" east one hundred fifty and Road, bounded and described as follows: 63/100 (150.63') feet; 27

Thence south 20° 58' 00" west seven hundred seven- sion of the Chief of the Fire Department; or act in rela- teen and 78/100 (717.78') feet; tion thereto.

Thence south 14' 00" west twenty and 04/100 Fire Department (20.04') feet; ARTICLE 38. To see if the Town will vote to amend Thence south 36° 27' 11" east six hundred thirty-one the General By-Laws Article II—-Town Meeting, by deleting

and 55/100 (631.55') feet; Section 5 Finance Committee, in its entirety and

substituting the following in its place. Thence south 21° 01' 25" east eighty-nine and 22/100 (89.22) feet; Section 5 Finance Committee

Thence easterly along the boundary of U.S. Route 1. The Finance Committee in the Town of Chelmsford 3 on a curved line having a radius of 4,750 feet and shall be composed of seven members to be elected a length of 1,198.44 feet thence north 84° 04' 50" east at the Annual Town Election. 122.82 feet to the intersection with the westerly boundary of Steadman Street; 2. The election of said members shall be as follows:

Thence north along the westerly boundary of Stead- (a) All current member shall continue to serve un-

man Street on a curved line having a radius of 371.70 til June 30, 1987, at which time all said positions feet and a length of 132.41 feet thence north 06° 49' shall be abolished. 50" west a distance of 490.88 feet to a point thence still along said road north 10° 37' 52" west 37.26 feet (b) All positions shall be elected in the Town of to the Lowell-Chelmsford boundary; Chelmsford 1987 Annual Town election to take

office on July 1, 1987. Thence north 62° 10' 58" west one thousand eight hundred eighty-one and 77/100 (1,881.77) feet to the (c) The initial positions on said Committee shall be point of beginning, containing approximately 38.00 elected as follows: acres, and further shown as a Parcel of land on a cer-

tain plan on file with the Town Clerk and the Town (1) Two positions for a period of three (3) years Engineer, entitled Plan of Land in Chelmsford, Mass- each; achusetts, Scale 1" = 40', February 22, 1986, by Howe Surveying Associates, for the purpose of securing ade- (2) Three positions for a period of two (2) years quate municipal trash disposal, and to see if the Town each; will vote to raise and appropriate, transfer and ap-

propriate from available funds, transfer and ap- (3) Two positions for a period of one (1) year propriate from the Stabilization Fund, transfer and each. appropriate from revenue sharing funds, and/or borrow a certain sum of money to defray all necessary (d) Each of the positions shall be subject to election costs, fees and expenses in connection with the ac- at the end of the above terms as stated in sub- quisition of said land and for paying any damages section (C); and, thereafter each position shall

which may be awarded as the result of any such tak- have a term of three (3) years. ing; or act in relation thereto. (e) The moderator shall have the power to make in- Board of Selectmen term appointments to said Finance Committee when an elected and/or appointment become vacant. Said interna appointment shall serve until the next Annual Town election, at which point, ARTICLE 37. To see if the Town will vote to raise and the position for the balance of the term of said appropriate, transfer and appropriate from available funds position shall be subject to election. transfer and appropriate from the Stabilization Fund, transfer and appropriate from revenue sharing funds, 3. Copies of the Finance Committee report, including and/or a certain of for the purpose of borrow sum money the Warrant for each Annual Town Meeting shall be completing Architectural Design and securing all necessary made available by the Finance Committee to regis- plans and specification for the construction and/or tered voters of record not less than two weeks prior reconstruction of the front portion of the fire station located to the meeting; or act in relation thereto. on North Road, and to see if the Town will vote to raise and appropriate, transfer available and appropriate from Petition funds, transfer and appropriate from the Stabilization Fund, transfer and appropriate from revenue sharing funds, and/or borrow a certain sum of money to perform ARTICLE 39. To see if the Town will vote to authorize all construction and/or reconstruction in conformity with the Board of Selectmen, for consideration to be determin- said plans all said contracts to be made under the supervi- ed, to convey and transfer all right, title, and interest, if 28

any, held by the Town in a certain parcel of land located COMMONWEALTH OF MASSACHUSETTS at 283 Riverneck Road and being the premises taken by the Town of Chelmsford by an instrument of taking, dated MIDDLESEX, SS MARCH 26, 1986 July 29, 1977 and recorded in the Middlesex North Dis- trict Registry of Deeds in Book 2260, Page 274, contain- Pursuant to the within Warrant, I have notified and ing approximately 24,675 square feet of land, more or less; warned the Inhabitants of the Town of Chelmsford by or act in relation thereto. posting up attested copies of same at the following places, to wit: The New Town Office Building Gym; North Con- Board of Selectmen gregational Church Hall; Parker School Band Room; East Chelmsford School; Byam School Cafetorium; Westlands ARTICLE 40. To see if the Town will vote to authorize School Cafeteria; North Congregational Church Hall; the Board of Selectmen, for consideration to be determin- McCarthy Junior High School; Small Gymnasium; South ed, to convey and transfer all right, title, and interests, if Row School Auditorium; South Row School Auditorium; any, held by the Town, in a certain parcel of land on Westlands School Cafeteria; McCarthy Junior High Wightman Street, shown as Lot 14, Blk 10 on Assessors' School, Small Gymnasium; seven days at least before the Plat 19 and being the premises taken by the Town of time appointed for holding the meeting aforesaid. Chelmsford by an instrument of taking, dated May 3, 1979 and recorded in Middlesex North District Registry of Deeds William E. Spence in Book 2364, Page 152, containing approximately 5,000 Constable of Chelmsford square feet, more or less, of land; or act in relation thereto. A True Copy Attest, Board of Selectmen William E. Spence ARTICLE 41. To see if the Town will vote to instruct Constable of Chelmsford the Board of Assessors to issue a certain amount of money from Free Cash in the Treasury for the reduction of the tax rate; or act in relation thereto.

Finance Committee

Hereof fail not and make return of this Warrant with your doings at the time and place of said meeting. Given unto our hands this 24th day of March, A.D. 1986.

Dennis J. Ready, Chairman John P. Emerson, Jr., Vice Chairman Bonita A. Towle, Clerk Roger A. Blomgren Paul C. Hart 29

ANNUAL TOWN ELECTION April 5, 1986

indicates candidate for re-election

Pet 1 Pet 2 Pet 3 Pet 4 Pet 5 Pet 6 Pet 7 Pet 8 Pet 9 Pet 10 Pet 11 Pet 12 Total SELECTMAN (2) 3 Yrs. Jeffrey W. Stallard 22 41 51 11 29 23 42 17 17 32 15 19 319 August C. Mueller 34 25 22 64 34 29 13 21 18 27 27 22 336

Dennis J. Ready* 268 156 206 103 326 161 174 135 231 203 225 2406 Henrick R. Johnson, Jr. 259 148 206 82 249 184 173 112 221 219 179 2263 Donald L. Elias 68 126 100 218 120 163 1520 All Others 3 Blanks 68 75 62 123 84 84 959

TOTAL 536 586 444 852 668 692 7806

ASSESSOR 3 Yrs. Ruth K. Delaney* 334 191 289 145 353 280 216 220 165 297 269 266 3025 Blanks 90 54 69 35 105 69 52 73 57 129 65 80 878

424 245 358 180 458 349 268 293 222 426 334 346 3903

CEMETERY COMMISSIONER 3 Yrs. Gerald L. Hardy* 324 188 283 141 356 275 210 220 158 283 273 263 2974 Blanks 100 57 75 39 102 74 58 73 64 143 61 83 929

TOTAL 424 245 358 180 458 349 268 293 222 426 334 346 3903

HOUSING AUTHORITY 5 Yrs. William P. Keohane* 308 190 278 138 338 274 211 209 154 271 256 243 2870 Blanks 116 55 80 42 120 75 57 84 68 155 78 103 1033

TOTAL 424 245 358 180 458 349 268 293 222 426 334 346 3903

BOARD OF HEALTH 3 Yrs. Mark W. Gauthier 120 1653

Paul J. Canniff* 203 1948 Blanks 23 302

TOTAL 346 3903

PARK COMMISSIONER 3 Yrs. Eileen M. Duffy* 225 264 2958 Blanks 68 82 945

293 346 3903

CONSTABLE 3 Yrs. William E. Spence* 265 2914 Blanks 81 989

SEWER COMMISSIONER 3 Yrs.

John P. Emerson. Jr.* 263 203 196 164 283 261 261 2896 Blanks 86 65 97 58 143 73 85 1007

TOTAL 349 268 293 222 426 334 246 3903

TRUSTEE OF PUBLIC LIBRARY (2) 3 Yrs. Janet B. Hendl* 260 151 246 244 177 176 113 240 208 226 2436 Brenda M. McDermott* 298 164 263 250 190 203 137 265 233 247 2692 Blanks 290 175 207 204 169 207 194 347 227 219 2678 TOTAL

SCHOOL COMMITTEE (2) 3 Yrs. James Brough* 254 227 279 232 211 2311 Carl A. Olsson* 303 263 325 280 209 273 257 2812 Blanks 226 203 208 347 224 2683

TOTAL 698 586

PLANNING BOARD (2) 3 Yrs. Ann H. McCarthy* 1944

Jacob P. Sartz III 706 Peter E. Bagni 910 Jonathan C. Stubbs 366 George Kalogeropoulos 733 John F. McCarthy* 1917 Blanks 1230 TOTAL 30

WARRANT FOR taking, and further, to see if the Town will vote to raise SPECIAL TOWN MEETING and appropriate, transfer and appropriate from available funds, transfer and appropriate from the Stabilization MAY 12, 1986 COMMONWEALTH OF MASSACHUSETTS Fund, transfer and appropriate from the Conservation Fund, transfer and appropriate revenue sharing funds, borrow and/or authorize the Selectmen to expend from the MIDDLESEX, SS. Conservation Trust Fund, a certain sum of money to defray all necessary costs, fees, and expenses in connection with To the Constable, or any other suitable person of the the acquisition of said land and for paying any damages Town of Chelmsford: which may be awarded as the result of any such taking; or act in relation thereto. GREETING: Conservation Commission In the name of the Commonwealth, aforesaid, you are hereby requested to notify and warn the legal voters of said ARTICLE 3. To see if the Town will vote to amend the Chelmsford to meet in the McCarthy Junior High School Zoning By-Law of the Town of Chelmsford as follows: Gymnasium on Monday evening, the twelfth (12) day of May, 1986, at 8:00 o'clock P.M., then and there to act upon 1. Amend Article I— Administration and Procedure, the following Articles, Viz: Section 1200 Administration, by adding the following subsection 1250: ARTICLE 1. To see if the Town will vote to authorize the Conservation Commission to engage engineers, ap- 1250. Application Procedure: Special Permits or praisers, attorneys and other necessary consultants for the Variances purpose of preparing all documentation required for the acquisition, by purchase, eminent domain, or otherwise, An application to the Board of Appeals or Plan- for the property located in the Town of Chelmsford, ning Board for a special permit or variance may Massachusetts, and further described and shown on a plan be made by any person desiring such action by fil- entitled, "Compiled Plan of land in the Town of ing with the appropriate Board the prescribed ap- Chelmsford" prepared by E. Pearson, P.E., James plication which shall describe the request and Chelmsford Town Engineer, April 23, 1986. Scale 1" = 100, contain such information as may be required by this a copy of which is on file in the office of the Town Engineer By-Law and accompanied at the time of filing by and is incorporated herewith, with all said contracts to be a plot plan drawn to scale showing the location of made under the supervision of the Board of Selectmen, and all lot and street lines, existing and proposed struc- to see if the Town will vote to raise and appropriate, transfer tures utilities, wells, sewage disposal systems of the and appropriate from available funds, transfer and ap- property which is the subject of the appeal or appropriate for the Stabilization Fund, transfer and application. All applications shall be accompanied by propriate from the Conservation Fund, transfer and a plat map showing lot and street lines and approx- appropriate revenue sharing funds, borrow, and/or imate location of structures on premises adjacent authorize the Selectmen to expend from the Conservation to the property which is the subject of the ap- Trust Fund, a certain of to defray all necessary sum money plication. costs, fees, and expenses; or act in relation thereto.

2. Amend Article I —Administration and procedure, Conservation Commission Section 1300 Board of Appeals, by deleting subsection 1322, in its entirety, and substituting the follow- ARTICLE 2. To see if the Town will vote to authorize ing in its place: the Board of Selectmen, to acquire in fee simple, by purchase, eminent domain, or otherwise, the property by 1322. To hear and decide appeals or petitions for located in the Town of Chelmsford and further described variances from the terms of this By-Law with respect and shown on a plan entitled, "Compiled Plan of land in to particular land or structures. Such variance shall the Town of Chelmsford" prepared by, April 1986, scale 23, be granted only in cases where the Board of Ap- 1" = 100' by E. Pearson, P.E., Chelmsford Town James peals finds all of the following: Engineer, copy of which is on file in the office of the Town

Engineer and is incorporated herewith, for the purpose of (a) A literal enforcement of the provisions of this maintaining conservation and space, land within the open By-Law would involve a substantial hardship Town of Chelmsford with said land being held, managed to the petitioner or appellant. and controlled by the Conservation Commission for the promotion and development of the land for the above pur- (b) The hardship is owing to circumstances relating poses, and further, to see if the Town will vote to authorize to the soil conditions, shape or topography of the Conservation Commission to enter into a contractual such land or structures and especially affecting self-help agreement with the office of Environmental Af- such land or structures but not effecting fairs, to defray all necessary costs, fees, and expenses in con- generally the zoning district in which it is nection with the acquisition of said land and for paying located. any damages which may be awarded as a result of any such 31

its relation to existing areas, building and roads for

(1) substantial detriment to the public good; a distance of feet from the project boundaries. or (2) nullifying or substantially derogating from (4) A locus plan at a scale of one inch equals 100 feet the intent or purpose of this By-Law. (1" equals 100'), showing the entire project and its relation to existing the entire project and its rela- (d) The Board shall determine the conformance of tion to existing areas, buildings and roads for a any application for a variance with the Master distance of 1,000 feet from the project boundaries Plan and shall consider the effect of the or such other distance as may be approved or re- variance on the future development of the quired by the Planning Board. Town.

4. Amend Article I —Administration and Procedure, (e) Under no circumstances shall the Board grant subsection 1424. Application for Special Permit and

a variance to allow a use not permitted under Site Plan, by adding the following subparagraph (i): the terms of this ordinance in the district involved. (i) Topography shall be prepared by using actual elevations of the Town of Chelmsford's Topographic

Amend Article I —Administration and Procedure, by Maps, 1976. deleting subparagraph (b) of subsection 1424. Ap-

plication for Special Permit and Site Plan, in its 5. Amendment Article I —Administration and Pro- entirety and substituting the following subparagraph cedure, Section 1420 Site Plan Review, by adding

(b) in its place: the following subsection:

(b) The contents of the site plan are as follows: 1428. Any easement, covenant or agreement that is required as a result of the site plan review shall be

(1) Four separate plans prepared at a scale of one recorded in the Registry of Deeds. inch equals 20 feet or such other scale as may be approved by the Planning Board. The four 6. Amend Article II — District Regulations, by deleting plans are as follows: Section 2100. Establishment of Districts, in its entirety, and substituting the following in its place. (a) Site layout which shall contain the boundaries of the lot(s) in the proposed develop- 2100. Establishment of Districts ment, proposed structures, drives, parking, landscaping, screening, fences, walls, walks, For the purpose of this By-Law, the Town of

outdoor lighting, and loading facilities. Chelmsford is hereby divided into the following types of districts: (b) Topography and Drainage Plan which shall contain the existing and proposed final RA—Residential A District These are single family topography at two foot intervals and plans for residence districts which are adjacent to well sites handling stormwater drainge. or are environmentally sensitive because of the water table and wetlands. These areas are not slated for (c) Utility and Landscaping Plan which shall sewers anytime in the near future and need to be include all facilities for refuse and sewerage protected. These areas should not be intensively disposal or storage of all wastes, the location developed. of all hydrants, fire alarm and fire fighting facilities on and adjacent to the site, all pro- RB—Residential B District These are low densi- posed recreational facilities and open space ty single family residential areas in which some areas, and all wetlands including flood plain utilities are lacking. These areas comprise a major type of residential development in the Town.

(d) Architectural Plan which shall include the RC—Residential C District These are medium ground floor plan and architectural elevations density general residence districts which serve as of all proposed buildings. transition zones within the Town.

(2) A landscaping plan at the same scale as the site RM—Residential Multi-Family District These are plan, showing the limits of work, existing tree lines, high density residential districts. and all proposed landscape features and improvements including planting areas with size and CA—Neighborhood Commercial District These type of stock for each shrub or tree. are commercial districts for neighborhood areas.

(3) An Isometric line drawing (projection) at the same CB—Roadside Commercial District These are 32

general commercial districts which are high traffic 2120. Rules for Interpretation of Zoning District Boun- generators. Included are such uses as automotive daries. Where uncertainties exist as to the boun- repair, open lot sales, wholesale business, storage daries of districts as shown on the official zoning and so on. maps the following shall apply:

CC—Shopping Center District These are commer- (a) where the boundary lines as shown upon said cial districts designed to allow the clustering of map as approximately following the street lines stores, offices and so on around a central parking of public and private ways or railways, the area. These are high traffic generators usually centerlines of such ways shall be the boundary located on major roads. lines.

CD—General Commercial District These are (b) where the boundary lines are shown approx- primarily retail commercial offices, restaurants and imately on the location of property lot lines, entertainment commercial uses excluding repair, and the exact location of property, lot or boun-

open lot sales, wholesale and storage uses. These dary lines is not indicated by means of dimen- uses are usually located along existing major traf- sions shown in figures, then the property or lot fic thoroughfares. lines shall be the boundary lines.

CX—Adult Entertainment Districts These are (c) boundary lines located outside of street lines commercial districts created for adult entertain- and shown approximately parallel thereto shall ment establishments and other permitted uses as be regarded as parallel to such street lines, and defined by this By-Law. dimensions shown in figures places upon said map between such boundary lines and street IA—Limited Industrial District These are areas lines are the distance in feet of such boundary that are primarily used for research development, lines from such street lines; such distances be- manufacturing and warehousing with the necessary ing measured at right angles to such street lines office space. unless otherwise indicated.

IS—Special Industrial District These districts are (d) in all cases which are not covered by other pro- open to all industrial uses but are suited for heavy visions of this section, the location of boundary industrial and storage. lines shall be determined by the distance in feet, in given, from other lines upon said map, by P—Public District These are lands owned or leas- the use of identifications as shown on the map, ed by federal, state or municipal governments for or by the scale of the map. governmental purposes. (e) where the district boundary lines follows a OS—Open Space District These are privately own- stream, lake or other body of water, said boun- ed lands dedicated to recreational uses. dary line shall be constructed to be at the thread or channel of the stream; or at the limit RMH—Residential Mobile Home District These of the jurisdiction of the Town of Chelmsford, are districts created in accordance with the provi- unless otherwise indicated. sions of this ordinance. (f) where a district boundary line divides any lot

7. Amend Article II — District Regulations, Section existing at the time such line is adopted, the 2100. Establishment of District, by adding the regulations of any district in which the lot has following subsections 2110. Official Zoning Map, frontage on a street may be extended by special and, 2120. Rules for Interpretation of Zoning permit from the Board of Appeals not more District Boundaries: than thirty feet into the other district.

2110. Official Zoning Map. The Town is hereby divided (g) where physical or cultural features existing on into Zoning "Districts also referred to as Zones as the ground are at variance with those shown shown on the Official Zoning Map, which together on the official map, or in other circumstances

with all explanatory material, thereon, is hereby not covered by the above subsections, the Board adopted by reference and declared to be part of this of Appeals shall interpret the district boun- By-Law. The Official Zoning Map shall be iden- daries. tified by the signature of the Chairman of the Board of Selectmen, and attested by the Town Clerk bear- 8. Amend II — District Regulations, by deleting Section ing the Seal of the Town. The Official Zoning Map 2300 Use Regulations Schedule, in its entirety, and is included as originally dated May, 1963 and as substituting the following in its place: most recently amended. See Attachment 33

9. Amend Article II — District Regulations, Section 12. Amend Article II — District Regulations, Section 2400. Nonconforming Uses, by deleting subsection 2500. Intensity of Use Regulations, by deleting 2440. Restoration, in its entirety, and substituting subsection 2540. Accessory Buildings, in its entire- the following in its place. ty and substituting the following in its place.

2400. Restoration or Rehabilitation. No non- 2540. Accessory Buildings. No accessory building or conforming structure, other than a single or two- structure except a permitted sign or roadside stand, family dwelling, damaged by fire, storm or other shall be located within a required front yard area. accidental causes to the extent of more than A detached accessory building may be located in seventy-five percent of its replacement value or to the rear yard areas and on the same lot as a prin- the extent of being dismantled more than seventy- cipal building, provided that not more than five percent for rehabilitation purposes shall be twenty-five percent of the required yard area shall repaired or rehabilitated except in "conformity with be so occupied, and further provided that an ac- this By-Law, and provided further that such restor- cessory building shall not be located nearer than ing shall be completed within two years after such ten feet from the principal building and at least catastrophe. ten feet from the side or rear lot line. An accessory

building attached to its principal building or within

10. Amend Article II — District Regulations, Section ten feet of it shall be considered an integral part 2500 Intensity of Use Regulations, by deleting thereof and as such shall be subject to the front, subsection 2520. Lot change in its entirety and side, and rear yard requirements applicable to the

substituting the following in its place. principal building.

2520. Lot Change. No lot shall be created, nor shall an 13. Amend Article II — District Regulation, Section existing lot be changed in size or shape except 2500. Intensity of Use Regulations, by deleting through a public land taking or donation for road subsection 2550. Erection of more than one prin- widening, drainage, utility improvements or except cipal building on a lot, in its entirety and

where otherwise permitted herein, so as to increase substituting the following in its place. the degree of non-conformity that presently exists. 2550. Erection of More Than One Principal Building 11. Amend Article II — District Regulations, Section on a Lot. No more than one principal residential 2500. Intensity of Use Regulations, by deleting building shall be permitted on a lot except in the

subsection 2530. Isolated Lots, in its entirety and case of motels, hotels, mobile home parks and

substituting the following in its place. multi-family structures which shall be reviewed by the Planning Board in accordance with Section 2530. Isolated Lots. Any increase in lot areas, width, 1420—(Replace) Site Plan Review. In any com- depth, frontage, yard or coverage requirements of mercial or industrial district, more than one prin- this By-Law shall not apply to erection, extension, cipal building or structure may be erected or alteration, or moving of a structure on a legally moved onto a lot provided that area, frontage, lot created lot not meeting current requirements pro- coverage and yard requirements can be met as vided that the applicant documents that, though each structure were located on an individual lot, and provided that the plans therefore (a) At the time such increased lot requirements are reviewed by the Planning Board in accordance

became applicable to it, the lot: with Section 1420.

(1) had at least 5,000 sq. ft. of lot area and 14. Amend Article II — District Regulations, by deleting 50 feet of frontage on a street; and Section 2600. Intensity of Use Schedule in its entirety and substituting the following in its place: See (2) was held in ownership separate from all exhibit "A" attached hereto and incorporated other lots having frontage within 1,000 herewith. feet; and 15. Amend Article 11 — District Regulations Section (3) conformed to then existing dimensional re- 2740. District Use Regulations, by deleting subsec- quirements; and tion 2742. being the third subsection of Section 2740.

District Use Regulations, in its entirety, and

(b) the lot is to be used for single-family or non- substituting the following in its place: residential use. 2742a. In the floodway, designated on the Chelmsford Such nonconforming lots may be changed in size Flood Plain and Floodway District Map, the follow- or shape or their land area recombined without losing provisions shall apply: ing this exemption, so long as the change does not

increase the actual or potential number of building 1. All encroachments including fill, new construc- lots. tion, substantial improvements to existing .

structures, and other development are pro- STALL AND AISLE DIAGRAM hibited unless certification by a registered pro-

fessional engineer is provided by the applicant (b) If a property owner can demonstrate to the demonstrating that such encroachment shall satisfaction of the Planning Board/Builder In- not result in any increase in flood levels during spector that the required number of spaces will the occurrence of the 100 -year flood. not be needed for the purposed use, the Plan- ning Board may waive some of the required 2 Any encroachment meeting the above standard spaces on the condition that the area necessary

shall comply with the floodplain requirements for those spaces is available on the lot. If,

of the State Building Code. anytime after the property is in use, the Building Inspector determines that a need ex- 3. If a property owner questions the location of ists for the additional spaces, the Building In- a Flood Plain or Floodway District, the owner spector may require that these spaces be added. may engage at his own cost a Registered Li- censed Surveyor with the approval of the Town 3122. Handicapped Parking Areas. Article VI Police Engineer to determine if the land in question Regulations of the Town of Chelmsford General

is within the Flood Plain or Floodway District. By-Laws, entitled Section 20 Prohibition on The Town may charge the landowner for all or unauthorized Parking in Designated Handicap- part of the cost for this determination. ped Parking Spaces in Private or Public Ways,

is incorporated herein. 16. Amend Article III — General Regulations, Section 3100. Off Street Parking and Loading, subsection 18. Amend Article III — General Regulations, Section Loading, by deleting 3120. Number of spaces, by deleting the first para- 3100. Off Street Parking and subsection 3141. in its entirety, and adding the follow- graph in its entirety and substituting the following in its place. in its place. ing subsection

3120. Number of Spaces For the purpose of computing 3141. No off street parking area shall be located within required the parking requirements of different uses, the 20 feet of a street right of way, or in any number of spaces required shall be the largest yard adjacent to a residential or institutional use. whole number obtained after increasing all fractions upwards to one. Employees shall include the 19. Amend Article III. General Regulations, Section largest number of owners, managers, full and part- 3100. Off Street Parking and Loading, by adding time workers and volunteers that may be normal- the following subsection. ly expected on the premises during any single shift or portion thereof. The number of seats in ben- 3146. Parking Garages. An application for a special per- ches, pews, or other continuous seating ar- mit for a parking garage shall require the submis- rangements shall be calculated at 20 inches for sion of a site plan in conformance with Section parking garage shall each seat. Parking spaces shall be no less than 8.5 1420. Site Plan Review. No stores in height feet), feet in width and 19 feet in length. The following exceed three (35 and when in consideration with the principal structure, minimum parking requirements shall apply to uses taken lot coverage for the applicable as listed below: shall not exceed the zoning district.

17. Amend Article III — General Regulations, Section 3100. Off Street Parking and Loading, by adding 20. Amend Article III — General Regulations, subsection the following subsection 3121. Size of Parking Area 3351. Overspill, by adding the following sub- and 3122. Handicapped Parking Areas: paragraph (e)

3121. Size of Parking Area 3351. (e) Exterior lighting fixtures other than signs are mounted not more than 20 feet high.

(a) The area of the parking lot shall be determin- Regulations, Section ed by the following table. 21. Amend Article III — General 3400. Grading and Screening, by deleting subsec- STALL AND AISLE DIMENSIONS tion 3423, in its entirety and substituting the following in its place.

Angle X 3423. Screening in this context shall mean any of the 30 16.9 11.0 26.4 17.0 23.8 16.5 19.4 13.5 32.9 12.0 19.4 13.4 following items: 20.7 18.5 37.2 9.8 13.8 20.8 19.5 38.6 9.0 feet or wider when specified, 20.2 24.0 38.9 8.6 (a) an area 10 wide 19.0 27.0 38.0 8.5 densely planted and maintained with a dou- ble row of compact evergreen trees 6 feet or more in height when planted; the area between the ground and a point 6 feet above the ground 35

shall be maintained as the trees mature to in- based on a twenty-five year frequency storm. Con- sure a dense screening; sideration shall be given to damage avoidance for a 100 -year storm. There shall be no net increase (b) a wall 6 feet high; of runoff above current flows, and the design capacity of receiving structures or the channel (c) a fence, 6 feet high, 50 percent opaque; capacity of receiving streams shall not be exceeded.

(d) an earthen berm at least 42 inches in height, 24. Amend Article IV— Special Regulations by adding with a fence or vegetation to reach 6 feet in the following subsections, 4450. Density Bonus, and height; 4451:

(e) an equivalent visual screening by building 4450. Density Bonus. For every one unit in ten set aside placement, natural vegetation or difference in for low and moderate income persons and families elevation between potential viewers and the in a multifamily housing project, the applicant screened areas. may apply and the Planning Board may grant a bonus of one additional unit. Where necessary, lower elements shall be used for egress visibility. To apply the applicant shall demonstrate to the Planning board that: 22. Amend Article IV— Special Regulation, by deleting subsection 4160. Animals Accessory to Dwellings, (a) The rent required for the unit set aside shall and substituting the following in its place: meet the affordable rents established by the Department of Housing and urban Develop- 4160. Animals Accessory to Dwelling. Cattle, horses, ment for the Chelmsford area; and sheep, hogs, goats, gamebirds, or similar livestock may be maintained accessory to a dwelling only on (b) The unit set aside shall be made available to a lot having an area of not less than 40,000 square low and moderate income persons and families feet plus 15,000 square feet per large animal (25 for a period of no less than ten years; and pounds or heavier at maturity) in excess of one or per ten smaller animals in excess of the first ten. (c) The low and moderate income level shall be as Such animals and their wastes shall be contained defined by the Department of Housing and Ur- at least 50 feet from any abutting lot line of a ban Development for the Chelmsford area. residentially used lot, and at least 50 feet from any year-round surface water body. 4451. The applicant shall work with the Housing Authority to rent units to eligible persons and 23. Amend Article IV— Special Regulations, by deleting families. subsections 4542 and 4543 in their entirety and substitute the following subsections 4542. and 4543., 25. Amend Article V— Definitions by deleting the defini- in their place. tions of farm, fast food restaurant, motel or hotel, outdoors commercial recreation, temporary struc- 4542. As part of the site plan review process, the appli- ture, and warehouse, and open storage in their en- cant shall submit, at his cost, a report by a licens- tirety, and substitute the following in their respective ed engineer on the impact of traffic from the places. proposed development on the existing conditions. This report shall contain: an analysis of the pre- Farm: Any parcel of land which is used for gain in sent situation, the potential traffic resulting from the raising of agricultural products, livestock, poultry, the development, the impact of new traffic on the dairy products and game fowl. It includes necessary existing road conditions and capacities. Capacity farm structures within the prescribed limits of the of the road(s) affected by the proposed develop- storage of equipment used. It excludes the raising of ment shall be determined by using the definitions fur bearing animals, hogs, riding academies, livery and methods of estimation as outlined by the or boarding stables and dog kennels. Highway Research Board Highway Capacity Manual, 1965 or later editions. If the study shows Fast Food Restaurant: An establishment whose prin-

that there will be an increase in traffic above the cipal business is the sale of prepared or rapidly present level of services at any point within one mile prepared food directly to the customer in a ready to of the premises, the engineer shall prepare alter- consume state for consumption either within the native techniques to maintain the same level of restaurant building or off premises and usually re- service. quires ordering food at a counter.

4543. Design of storm sewers, retention basins and Motel or Hotel: A building or group of buildings general site plan design shall be based on a ten- providing accommodation for compensation on a year frequency storm. Design of culverts shall be transient basis, but not meeting the definition of 36

"Boarding House." Accommodations individually clude the storage vehicles for the cannibalization of having a stove and either or both a refrigerator and parts. sink shall be considered dwelling units. Open Lot Storage: Outdoor storage of bulk goods Outdoor Commercial Recreation: Drive-in theater, and products for distribution but not for sale on the golf driving range, miniature golf, race track, amuse- premises. ment park, professional sports stadium, or similar commercial recreation conducted in whole or in part Parking Garage: A structure which is accessory to outdoors. a commercial or industrial establishment and is primarily for the parking and storage of vehicles Temporary Structure: A structure without any foun- operated by the customers, visitors and employees of dation or footings to be removed within a 12 month such an establishment. time period. Said structure shall conform to the requirements of the Intensity Schedule of Section 2600 Recharge Area: An area of geologic deposits through and shall receive a permit from the Building In- which water from the surface can inflitrate through spector. the soil to the groundwater. These geologic deposits generally consist of stratified sand and gravels. Transport Terminal: Terminal facilities for handling freight with or without maintenance facilities. Refuse Incinerator: An engineered apparatus with grate area in ecess of ten square feet used to burn Warehouse: A building used primarily for the storage waste and in which all combustion can be controll- of goods arid materials, for distribution, but not for ed which is approved by the Massachusetts Depart- sale on the premises. ment of Public Health and the Chelmsford Board of Health.

26 . Amend Article V— Definitions by adding the following definitions: Salvage Yard: Property where motor vehicles are junked dismantled or stored for later dismantling or Animal Clinic or Hospital: A place where animals distribution. or pets are given medical or surgical treatment and

the boarding of animals is limited to short term care Sanitary Landfill: A site for solid waste disposal ap- incidental to the clinic or hospital use. proved by the Massachusetts Department of Public Health and the Chelmsford Board of Health. Boarding House: dwelling or part thereof in which A Disposal of raw sewage and similar waste items are lodging is provided by the owner or operator to more not permitted. than four boarders. Where four or more unrelated

individuals rent a dwelling, it shall be considered a Solid Waste Disposal Facility: Refuse transfer sta- boarding house. tion, composing plant, solid waste recycling operation and any other works or use approved by the Business Daycare: accessory school operated on An Massachusetts Department of Public Health and the a regular basis designed to provide daytime care or Board of Health of the Town of Chelmsford for pro- instruction of children five years of age and under. cessing, handling, treating, and disposing of solid or This service is limited to the employees of the firm liquid waste materials, including garbage, rubbish, sponsoring it, or the employees working in the struc- junk, discarded bulk items, and sludges but not raw ture where the business day care is located. sewage, and similar waste items.

Hazardous Material: Any substance which is listed Toxic Materials: A combination of pollutants in- in, but not limited to, the EPA Priority Pollutants cluding disease carrying agents, which after discharge as described in Section 307(a) of the Clean Water Act, and upon exposure, ingestion, inhalation, and as amended. assimilation into any organism can cause death, disease, mutations, deficiencies, or malfunctions in Impervious: Any area impenetrable by surface water. such organisms or their offspring;

Kennel: An establishment in which more than three or act in relation thereto. dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold located on at least five Planning Board (5) acres of land. ARTICLE 4. To see if the Town will vote to amend the Motor Vehicle Body Repairs: An establishment, Chelmsford Zoning By-Law by deleting the present Zon- garage or work area enclosed within a building where ing Map and substituting the redrafted Map proposed by repairs are made or caused to be made to motor vehi- the Planning Board, as filed with the Town Clerk, and cle bodies, including fenders, bumpers and similar displayed at the Town Meeting; or act in relation thereto. components of motor vehicle bodies, but does not in- Planning Board 37

ARTICLE 5. To see if the Town will vote to amend the shall be located so as to comply with the minimum Zoning By-Law of the Town of Chelmsford by adding the yard dimensions for principal and accessory build- following Section 4700 Residential Cluster Development: ings for the applicable zoning district.

4700. RESIDENTIAL CLUSTER DEVELOPMENT . Minimum Lot Area. A. Minimum lot area: 20,000 sq. ft 4700. Intent. Residential Cluster Developments, Frontage: 50 ft.

hereinafter known as RCD, may be allowed by Side Yard: 12 ft.

special permit by the Planning Board for the pur- Front Yard: 20 ft.

pose of providing attractive, convenient, efficient Rear Yard: 20 ft. neighborhoods and to promote the conservation of open space and the efficient use of land in har- 4720. Subdivision Approval Required. No part of the mony with its natural features. construction of an RCD shall begin until the plan of such Development has been granted final ap- 4710. Minimum Size of Development. The tract of land proval by the Planning Board in accordance with proposed for an RCD shall contain 10 acres or shall the Subdivision Regulations. The developer shall have the minimal capacity for ten (10) dwelling submit with the request for an RCD an alternate units computed in accordance with this ordinance, plan(s) for developing the site as a conventional

whichever is greater. These proposals shall be per- subdivision at the presubmission review and mitted only within a subdivision as defined in preliminary plan stages of the Subdivision process Chapter 41 of the Massachusetts General Laws. which shall adhere to all subdivision requirements. The Planning Board may establish additional rules 4711. Maximum Number of Dwelling Units in a RCD. and regulations to govern the RCD and the filing The maximum number dwelling units in an RCD of additional material or information. shall not exceed the number computed as follows: 4730. General Requirements A. Land unsuitable for development, as herein defined, shall first be deducted from the tract A. RCD's are permitted only in Residential proposed for development. Districts. The Planning Board shall not approve a cluster development in an established B. The remaining land in the tract shall be divid- single family neighborhood where in their ed by the minimum lot size for the applicable determination, such land use will be inconsis- zoning district. tent with or will have a detrimental effect upon the surrounding property. If the Planning Proposed tract of land — Unsuitable Board denies an RCD based on this section they land = Maximun number of shall identify this as the reason for denial. Minimum Lot Size dwelling units B. The minimum frontage of the parcel for development proposals shall be at least fifty feet C. In no case shall the number of dwelling units in all residential districts. Additional frontage permitted in the RCD exceed the number of may be required if more than one access road

which would have been permitted in the Zon- is deemed necessary by the Planning Board. ing District(s) in which the tract lies if developed in the conventional manner. C. All streets in an RCD shall be improved in accordance with the requirements and specifica- 4712. Land Unsuitable for Development tions of the Subdivision Regulations. Driveways and other paved areas intended to remain in A. Eighty (80) percent of the wetlands as defined private ownership shall be approved as to design in Chapter 131, Section 40A of the Massachu- and construction standards by the Planning setts General Laws as amended. Board.

B. Eighty (80) percent of the land located within A written agreement or contract to be executed a flood plain. between the developer and the Town of Chelms- ford shall be submitted at the final stage of the C. Eighty (80) percent of the land unable to Subdivision review stating: receive septic system approval by the Board of

Health. 1. That the owner or developer will construct the development and install improvements 4713. Restriction on Location of Structures. If any part both public and private in accordance with

of a dwelling or accessory building in an RCD is the approved plan. A bond shall be posted proposed to be located within 100 feet of the to guarantee completion. perimeter of such Development, such building(s) 38

2. That in the event of failure of the owners, E. Strips of open space shall be permitted only as successors, or assigns to maintain any com- usable access paths between residences, streets, mon open space, recreation areas, land- other open space areas, as drainage areas, and scaping features or other required as buffers. improvements the Town may enter said development and perform such necessary F. Access areas to the open space shall be clearly maintenance work and charge the cost, in- marked with appropriate materials to disting- cluding attorney fees to the owner, suc- uish open space area from private property. cessor, or assigns. G. Open space may be in one or more parcels, the 3. That this contract shall be binding upon size, location, shape and character of which the heirs, assigns, successors or receivers of must be suitable for the designated uses. the development and shall constitute a lien on the property in the development. H. Open space may be used for active recreation, passive recreation, conservation, forestry, 4. Any other conditions required by the Plan- agriculture, natural buffers, open space, struc- ning Commission. tures accessory to approved uses including septic systems and package sewage treatment E. A site plan in addition to the final Subdivision facilities. No open space area shall be used for

Plan, shall be recorded after the RCD is ap- the disposal of stumps, stones or other fill proved. As a minimum this site plan shall show resulting from the construction of the im- the whole development indicating lots, roads, provements of the RCD. easements, open space, phases for development, any recreational uses or buildings to be con- I. Land which has been environmentally dam- structed in the open space and any ponds, aged prior to final approval of the development streams or wetlands. This plan shall be approv- by the Planning Board as a result of soil and ed by the Planning Board before it is recorded. earth removal operations, harvesting of trees or other natural features or refuse disposal or 4740. Open Space other causes shall not be accepted as common

open space unless and until the land is restored A. No less than 25 percent of the total land area to a condition which the Planning Board deter- of an RCD, shall be open space. This land shall mines to be reasonable and appropriate to ef- not include building lots, street rights-of-way, fectuate the purpose of this Article. The or facilities or land which is designated by Sec- Planning Board may grant final approval for tion 4712 as being unsuitable for development. an RCD subject to such restoration of the common open space provided an appropriate per-

B. At least one-half of the open space (or 12.5 performance bond is posted. cent of the total land area) shall be useable for active recreation. 4750. Ownership of Common Open Space C. Provisions shall be made to ensure that no more than 20 percent of the open space (5 percent A. The required open space shall be owned in of the total area) shall be devoted to paved areas common by all the landowners in the plat. The and structures devoted to recreational uses or deed to each lot shall include a fractional in- uses accessory to permitted uses. terest in the common open space in an amount proportionate to the number of lots in the plat. D. Use of the open space as permitted in The deed shall also include any covenants, paragraph (H) shall be subject to site plan restrictions, or easements attached to the RCD, review by the Planning Board. All structural each lot, or the common open space and any improvements shall be a part of the final sub- homeowners' association agreements pertain- mission plans approved by the Board, or may ing thereto. be included by amendment at any time prior to the conveyance of the first lot. Following the B. Open space shall be protected against building conveyance of at least 75 percent of the lots; development and environmental damage by such improvements may be permitted by the conveying to the Town a conservation restric- Board with the written concurrence of at least tion pursuant to Massachusetts General Laws, two-thirds (%) of the homeowner association Chapter 84, Section 31-33 which shall be en- membership. No structure on the open space forceable by the Conservation Commission. may be located within fifty (50') feet of residential property abutting the RCD. ..

4760. Maintenance of Open Space—Homeowners' development and perform the necessary Association maintenance work and charge the cost, including attorney fees to the association. A. The applicant or developer shall provide for and establish a Homeowners' Association as a G. Notwithstanding any provision of the covenants non-profit organization or other legal entity establishing a Homeowners' Association, under the laws of Massachusetts for the use, ultimate legal liability and responsibility for the care and maintenance of all such lands and im- use and maintenance of the common open provements. Membership in the association space shall rest with the individual lot owners, shall be mandatory for all landowners within and any legal notices concerning the common the RCD, and each lot shall be entitled to equal open space which are sent by the Town may be representation. The association shall be formed directed to the individual lot owners or the prior to conveyance of the first lot. The assess- Homeowners' Association. ment of dues and/or fees for structural improvements requires the affirmative vote of no 4770. Homeowners' Association less than two-thirds (%) of the homeowner association membership. A. Before an applicant or developer can establish a non-profit organization as required in Sec- B. Such organization shall be created by covenants tion 4760 in addition to all other required and restrictions running with the land and shall recommendations, the following documents be composed of all persons having ownership shall be submitted to and approved by the within the development. Such organizations Planning Board: shall be responsible for the perpetuation,

maintenance and function of all common 1. The articles of association or other lands, uses and facilities. organizational documentation for the non- profit organization; C. All lands and improvements shall be described and identified as to location, size, use and 2. The by-laws of the non-profit organization control in a restrictive covenant, and such cove- and a list of officers and their terms of nant shall set forth the method of assessment office; for the maintenance of such land. These restrictive covenants shall be written so as to run 3 The covenants or restrictions related to the with the land. These covenants shall become use of common property, including the part of the deed to each lot or parcel within system and amounts of assessments for the development. perpetuation and maintenance;

D. Such restrictive covenant and organization shall 4. A document granting the rights of entry continue in effect so as to control the avail- upon such common property to Town of- ability of the facilities and land thereby pro- ficials, law enforcement officers, rescue vided, to maintain the land and facilities for personnel and fire fighting personnel while their intended function, and to protect the in pursuit of their duties; development from additional and unplanned densities of use. Such organization shall not be 5. A time schedule for the maintenance of dissolved without the prior approval of the major facilities, including streets not ac- Planning Board, nor shall such organization cepted into the town highway system, dispose of any common open space, by sale or private street signs and sidewalks, parking otherwise, except to an organization conceiv- area improvements, buildings, pools and ed and organized to own and/or maintain the other common areas; common open space and approved by the Plan- ning Board. 6. A copy of the Deed of Conveyance and Ti- tle of Certificate, where applicable, for all E. The Homeowners' Association shall be respon- lands proposed to be conveyed to the Town sible for guaranteeing that no land in common or other appropriate governmental agency; open space shall be used or disturbed in any manner inconsistent with the uses and intent 7. A plan for the transfer of control of the of this Article. common open space from the developer to the Homeowners' Association;

F. In the event the Association fails to maintain any common open space, recreation area, land- 8 A copy of any management policies or pro- scaping area, or other improvements, including posed management policies for the whole private roadways, drainage systems and so on, development or common open space. the Town of Chelmsford may enter into said 40

B. Each original purchaser of a lot in the Residen- C. The following disclosure shall be required: tial Cluster Development (RCD) must be given

by the developer a copy of all documents out- 1. Prior to approval by the Planning Board, lined in the above paragraph. the developer must file and have approval by the Planning Board a sample Purchase C. The Planning Board may require the developer and Sale Agreement which shall be used to submit a fiscal program for a maximum of for the purpose of individual lots and ten (10) years, including adequate reserve funds dwellings. Said Agreement shall include in for the maintenance and care of all lands, conspicuous type the following: streets, facilities, and uses under the purview

of the Homeowners' organization. that the property is part of an RCD subject to the Zoning By-Law and the Subdi- D. The documents set forth above shall be review- vision Regulations of the Town of ed and approved by the Planning Board, and Chelmsford; that the purchaser and subse- such approval shall be obtained before the final quent owners of the property are subject plat is approved. The articles of association or to the requirements therein contained; that

other organizational documentation shall be fil- the purchaser shall be required to be a ed with the appropriate state agency prior to member of a Homeowners' Association, obtaining final approval by the Planning shall be subject to rules and regulations of Board. Such documents, once approved, shall said Association and shall be liable for any be recorded in the Registry of Deeds. applicable assessment made by or against said Association and that the ultimate 4780. Required Certificates or Documents. In addition liability for the open space falls on the in- to the requirements of Section 4770, the following dividual lot owner. The Purchase and Sale certificates or documents shall be submitted in ac- Agreement shall further contain a state- cordance with the Subdivision Rgulations. ment by the seller that the purchaser has been provided with a copy of the docu- A. Copies of any proposed management policies ments as required in Section 4770 and a and existing or proposed deed restrictions or prospectus which shall be a summarization covenants running with the land in the develop- in layman's language of the information ment. contained in the other documents;

B. A description of any existing easement, or act in relation thereto. covenants, or restrictions affecting land within the development and an instrument conveying Planning Board any easements required as condition of approval to the Town. Such easements shall in-

clude that which is required by Section 4750, Item B.

2300 USE REGULATIONS

RB RC RM CA CB Business Uses See Sec. 4500 for Major Business Complexes

Retail stores and services not elsewhere listed ( P(l) P(4) P(4) P)4)

Motor Vehicle Sales (

Motor Vehicle Rental (

Motor Vehicle General Repair ( P(4) O

Motor Vehicle Light Service (2) ( P(4) BA

Motor Vehicle Parts (No Services) ( P P

Motor Vehicle Body Repair ( P(4) O

Restaurant ( P(4) P(4) P(4) O

Fast Food Establishment ( BA BA

Business. Professional Offices ( P P

Medical Center. Clinic ( P P

Bank, Financial Agency ( P(4) P(4)

Indoor Commercial Recreation ( P(4) P(4)

Outdoor Commercial Recreation ( Fairs, Carnivals, Similar Events (See Section 4300) (

Animal Clinic or Hospital (

Animal Kennel (

Funeral Home (

Nursing or Convalescent Home ( Adult Entertainment Establishment (See Section 4600) (

Motel or Hotel ( 41

Industrial Uses See Sec. 4500 for Major B Comlexes Earth Removal (See Sec. 4200) Light Industry Pedestrian and Vehicular acce and Egress by Private Way

to and from uses permitted an IA District < Warehouses and Open Storage Junk Yard Contractor's Yard Granite Operations Public Utility or Public Works Storage Yard or Repair Shop Research, Experimental and Testing Lab Solid Waste Disposal Facility Sanitary Landfill Refuse Incinerator Transport Terminal

Institutional Uses See Sec. 4500 for Major 1 Religious Purposes Educational Purposes Exempt by Statute Other Nursery Schools Other Schools Cemetery Municipal Building Except Garages, Storage or Repair Shops Hospital Other Public or Semi-Public Institution of a Historic, Philanthropic, or Charitable Ch;

Recreational Uses Club or Lodge Riding Academy or Public Stables Boathouse. Private Boathouse, Public Golf Course Campground

Residential Uses Single-family Dwelling Two-Family Dwelling Multi-Family Dwelling

Conversion of Dwellings {st Boarding House Mobile Home P(6) O Cluster Development

Rural Uses Farm, 5 acres or mo Farm, under 5 acres Wood Operation

Other Principal Us- Airport

Accessory Uses See Sec. 4500 for Major Business Comple Family Day Care Home Business Daycare Home Occupation (See Sec. 4110) Mobile Home Storage Roadside Stand Barn Sale, Garage Sale. Yard Sale, Flea Market (see Sec. 4130) Scientific Uses (see Sec. 4140) Retail sale of goods, the majority of which are produced or undergo major processing on the premises BA(7) BAS(7) O Adult Entertainment Establishment (see Sec. 4600) Temporary Structure Parking Garage O O o BA BA

NOTES FOR USE REGULATIONS SCHEDULE:

1. No structure shall exceed 3,000 sq. ft. gross floor area. 2. Provided there are no structures, pumps, or fuel storage tanks within 50 feet of a residential lot or residential district. 3. Provided that there are neither hogs nor fur-bearing animals.

4. Except "BA" if resulting in more than 10,000 sq. ft. gross floor area devoted to business uses on the premises. 5. Maximum seating capacity shall be 30 and no alcoholic beverages shall be sold or consumed on the premises. 6. Intensity of use shall be limited to permit a maximum of 7 units per acre and a maximum of 254 units per RMH Dis

7. Retail outlet not to exceed 1,000 sq. ft. or 10% of the EG. A., whichever is less. 8. No roadside stands permitted in Historic District(s).

KEY:

P = A permitted use. O = An excluded or prohibited use. = BA A use authorized under Special Permit for exception from the Board of Appeals as provided for in Section 1500. = PB A use authorized under a Special Permit for exception from the Planning Board as provided for in Section 1500. 42

(1) EXHIBIT A

2600. Intensity of Use Schedule

RM IS cx Minimum Lot Requirements Area (100 sq. ft.) (g) 40(a) 40(b) 40 Width (feet) 200 Depth (feet) 200 Frontage (feet) 200

Minimum Yard Requirements Front (feet) (c) 20 60 60 20 40(f) 40(f) 60 20 Side (feet) 25(d) 10(e) 30(e) 30(e) 10(e) 40(f) 40(f) 30(e) 10(e) Rear (feet) 30(d) 10(e) 20(e) 30(e) 10(e) 30(f) 30(f) 20 10

M; Building Coverage (percent) Height (feet)

% of Lot Area Landscaped Open Space 10 10 10 10(h) 10(h) 10 Located in Front Yard

Footnotes to Intensity of Use Schedule

a. For multi-family dwellings, not less than 80,000 square feet or 6,000 square feet per dwelling unit, whichev : is greater,

b. For Solid Waste Disposal Facility, Sanitary Landfill. Refuse Incinerator or Granite Operations, shall be 10 ;

c. Corner lots shall maintain front yard requirements for each street frontage.

Increase by 20 feet where abutting an RA or RB District. At least 20 feet of any or all such yards abutting an RA or RB District shall be landscaped open space or natural screening subject to Section 3423 of this Bylaw.

Increase by 20 feet when abutting a residential distr Required side and rear yards abutting any residential district shall be landscaped open space and screened subject Section 3423.

f. Increase to 100 feet when abutting a residential district; 20 feet of this shall be landscaped open space and screened subject to Section 3423. g. For non-family accommodations, increase minimum lot area by 10% for each person accommodated in excess of eight, h. Required to be located in front yards.

i. Municipal waste water pumping stations for any sewer system with the Town of Chelmsford shall not be subject to lot. yard, or coverage requirement. 43

ARTICLE 6. To see if the Town will vote to amend the A. Above ground storage of more than 500 gallons zoning by-law of the Town of Chelmsford by adding the of toxic or hazardous materials, fuel oil or following Section 4800. Aquifer Protection District. gasoline.

4800 AQUIFER PROTECTION DISTRICT B. Any residential use with a lot size less than the intensity use schedule requires for that par- 4810. Purpose. The purpose of an Aquifer Protection ticular residential zone.

District, hereinafter known as APD, is to protect the public drinking water supply and the public C. Any use except for residential with an estimated health by preventing the contamination of Chelms- sewage disposal greater than 10 gallons of ford's groundwater. sewage per day per 1,000 square feet of lot area, based on Title V of the State Environmental 4820. Aquifer Protection District. The APD is establish- Code, 310 CMR 15.00. ed as an overlay district to the Town's zoning map. This APD was designed by the surficial geology on D. Any use which renders impervious more than the area and groundwater flow (based on a U.S. 50 percent of the total lot area. Geological Survey Surficial Geology Map and the Chelmsford Facilities Plan by Weston & Sampson 4840. Special Permits. Special Permits may be granted Engineers, Inc.). Any area in which groundwater by the Planning Board, if the requirements of the

flow is directed toward a well and the surficial APD are met and if the granting of such a permit

geology is stratified sand and gravel deposits (soils follows the general intent of the zoning bylaw. Prior

which yield groundwater to wells) is included in the to granting a special permit, the Planning Board APD. shall review the proposed control measures and shall determine if these control measures are ade- If a property owner questions the location of any quate with respect to possible groundwater con- boundary of an APD, the owner may engage at his tamination if a failure occurred. If the Planning own cost a professional hydrogeologist or soils Board denies a special permit, the reason for the engineer who must be approved by the Planning denial must be stated. After receiving a special per- Board of the Town, to determine if the land in mit application, the Planning Board shall

question is a recharge area. distribute one copy each to the Board of Health, the Conservation Commission and the Building In-

4830. Use Regulations. The use schedule for all zoning spector for their review. If a response is not receiv- districts shall apply, except as modified in this sec- ed within 35 days by these agencies, the Planning tion. In all cases the more stringent provision shall Board will assume the agency approve. A special

apply. permit may be granted by the Planning Board, if, after review of the applications and comments from 4831. The following uses are prohibited within the APD: the Board of Health, the Conservation Commis- sion and the Building Inspector, the Planning A. The manufacture, use, storage, transport, or Board finds that the groundwater quality will not disposal of toxic or hazardous materials as a fall below state or federal drinking water standards,

principal activity. or if the groundwater quality is below these standards no further degradation of the groundwaters B. Solid waste disposal facility, sanitary landfill, will occur. refuse incinerator, salvage yard, junk yard,

storage yard, road salt stockpile. 4841. Special Permit Application. Eleven (11) copies of the Special Permit Application shall be submitted C. Truck/bus terminals and contractor's yards with to the Planning Board in accordance with Section more than 10 vehicles, service station and auto 1250. In addition, the application shall include: repair shops. A. A complete list of all fuels, chemicals, D. Car washes, or coin-operated and commercial pesticides, and other potentially toxic or hazar- laundries, where not connected to public dous materials which are being used or stored sewers. on the premises in quantities greater than average household use. E. Subsurface storage of toxic or hazardous materials, fuel oil or gasoline. B. Detailed plans shall be submitted of the storage tank or pipeline being used to store or transport F. Solid waste disposal or sewage treatment the toxic or hazardous materials, fuels, facilities with onsite disposal of the effluent, chemicals or pesticides. These plans should also

unless tertiary treatment is used. show how the storage tanks or pipeline is protected from corrosion, leaks, spills, and van- 4832. The following uses require a Special Permit from dalism. the Planning Board within the APD: 44

C. Evidence of qualified professional supervision ARTICLE 9. To see if the Town will vote to authorize of the design and installation of above and the Board of Selectmen to acquire any and all temporary below ground storage of toxic and hazardous and/or permanent easements, and any property in fee sim- materials. ple, by purchase, by eminent domain or otherwise, on the property described as Parcel 8 on a certain plan on file D. Evidence of qualified professional supervision with the Town Engineer entitled "Easement Plan of Land of the design and installation for any use with in Chelmsford, MA. prepared for the Town of Chelmsford, an estimated sewage flow greater than 1,000 Scale 1"40', March 10, 1986, by Vanasse/Hangen Engineer- gpd (other than single family). Impacts of ing, Inc., Consulting Engineers and Planners, 60 Birming- nitrates, chlorides, and coliforms on ground- ham Parkway, Boston, Massachusetts" for the purpose of water quality must also be addressed; construction improvements, widening, laying out and accepting said portion of Billerica Road and to see if the Town or act in relation thereto. will vote to raise and appropriate, transfer and appropriate from available funds, transfer and appropriate from the Planning Board Stabilization fund, transfer and appropriate revenue sharing funds and/or borrow a certain sum of money to defray ARTICLE 7. To see if the Town will vote to authorize all necessary costs, fees and expenses in connection with the Board of Selectmen to acquire any and all temporary the acquisition of said land and for paying any damages and/or permanent easements, and any property in fee sim- which may be awarded as the result of any such taking; ple, by purchase, by eminent domain or otherwise, on the or act in relation thereto. property described as Parcel C on a certain plan of file with the Town Engineer entitled "Easement Plan of Land in Board of Selectmen Chelmsford, MA. prepared for the Town of Chelmsford, Scale 1"40', March 10, 1986, by Vanasse/Hangen Engineer- ARTICLE 10. To see if the Town will vote to rescind ing, Inc., Consulting Engineers and Planners, 60 Birming- the acceptance of the provisions of Massachusetts General ham Parkway, Boston, Massachusetts" for the purpose of Laws, Chapter 48, Section 42, or corresponding provisions construction improvements, widening, laying out and ac- of earlier laws, as accepted at the Annual Town Meeting cepting said portion of Mill Road and to see if the Town in 1954 establishing a fire department to be under the con- will vote to raise and appropriate, transfer and appropriate trol of officer to be known as the chief of the department, from available funds, transfer and appropriate from the and to see if the Town will vote to accept the provisions Stabilization Fund, transfer and appropriate revenue shar- of Massachusetts General Laws, Chapter 48, Section 42A, ing funds and/or borrow a certain sum of money to defray establishing a fire department under the direction of the all necessary costs, fees and expenses in connection with Selectmen, and further to see if the Town will vote to the acquisition of said land and for paying any damages authorize the Board of Selectmen to appoint a fire chief, which may be awarded as the result of any such taking; as authorized in said Chapter 148, Section 42A, by the

or act in relation thereto. following procedure: Board of Selectmen shall (1) adver- tise that said position is available, to insure the securing

Board of Selectmen of the most qualified candidates for said position, (2) require all candidates to be tested in a manner equivalent ARTICLE 8. To see of if the Town will vote to authorize with Civil Service examinations, and (3) said Board of the Board of Selectmen to acquire any and all temporary Selectmen shall appoint from the top three (3) candidates and/or permanent easements, and any property in fee sim- of said testing; or act in relation thereto. ple, by purchase, by eminent domain or otherwise, on the property prescribed as Parcel 1 on a certain plan on file Board of Selectmen with the town Engineer entitled "Easement Plan of Land in Chelmsford, MA. prepared for the Town of Chelmsford, ARTICLE 11. To see if the Town will vote to direct the Scale 1"40', October 29, 1984, by Vanasse/Hangen Board of Selectmen to petition the Great and General Engineering, Inc., Consulting Engineers and Planners, 60 Court of the Commonwealth of Massachusetts to enact Birmingham Parkway, Boston, Massachusetts" for the pur- special legislation establishing a land bank program for the pose of construction improvements, widening, laying out purchase of real estate interest for conservation or preser- and accepting said portion of Billerica Road and to see vation of open space, wetlands, water resource areas, if the Town will vote to raise and appropriate, transfer and agricultural areas, wildlife areas or for active and passive appropriate from available funds, transfer and appropriate recreation areas, and for the management of these and ex- from the Stabilization fund, transfer and appropriate isting areas owned by the Town, funded by a fee of up to revenue sharing funds and/or borrow a certain sum of 2% on real estate transfer, said land bank to be ad- money to defray all necessary costs, fees and expenses in ministered by the Conservation Commission, said bill, when connection with the acquisition of said land and for pay- approved by the legislature and signed into law by the ing any damages which may be awarded as the result of Governor, to be approved in its final form by the voters

any such taking; or act in relation thereto. at an annual or Special Town Meeting in order for it to be implemented; or act in relation thereto. Board of Selectmen Board of Selectmen 45

ARTICLE 12. To see if the Town will vote to raise and Hereof fail not and make return of this Warrant with appropriate, or transfer and appropriate from available your doings at the time and place of said meeting. Given funds a certain sum of money to the appropriate salary line unto our hands this 23rd day of April, A.D. 1986. items to fund approved wage and salary increases and ex-

pense allocations in departmental accounts to be recom- John P. Emerson, Jr., Chairman

mended by the Board of Selectmen at the Special Town Dennis J. Ready, Vice Chairman Meeting; or act in relation thereto. Bonita A. Towle, Clerk Roger A. Blomgren, Member Board of Selectmen Henrick R. Johnson, Member

ARTICLE 13. To see if the Town will vote to transfer COMMONWEALTH OF MASSACHUSETTS and appropriate the sum of $48,924 from reimbursement funds received from the State and Federal Governments MIDDLESEX, SS. APRIL 25, 1986 as the result of hurricane "Gloria" to the following depart-

mental line items and Trust Fund account; or act in rela- Pursuant to the within Warrant, I have notified and tion thereto: warned the Inhabitants of the Town of Chelmsford by posting up attested copies of same at the following places, Cemetery Department: to wit: The New Town Office Building Gym; North Con- 12. Salaries 7,600.00 gregational Church Hall; Parker School Band Room; East Chelmsford School; Byam School Cafeteria; Westlands Public Buildings: School Cafeteria; North Congregational Church Hall; 76. Salaries 187.00 McCarthy Junior High School, Small Gymnasium; South Row School Auditorium; South Row School Auditorium; Highway Department: Westlands School Cafeteria; McCarthy Junior High School, 41. Expense 36,537.00 Small Gymnasium; fourteen days at least before the time appointed for holding the meeting aforesaid. Conservation Trust Fund 4,600.00 William E. Spence Board of Selectmen Constable of Chelmsford

ARTICLE 14. To see if the Town will vote to transfer A True Copy Attest, and appropriate the sum of $19,000 from free cash for the William E. Spence purpose of a continuing Traffic Study and Engineering Constable of Chelmsford Design to alleviate traffic problems on Chelmsford Street from Fletcher Street to the Chelmsford Mall; or act in relation thereto.

Board of Selectmen 46

ANNUAL TOWN MEETING b) Deleting Item 2 c) Deleting Item 3 and inserting the following in its place: April 28, 1986 3. Under Section 6, subtitled Classification of Town Employees, Amend Subsection "E" The Annual Town Meeting was called to order at the "Wage and Salary Schedule" by deleting the McCarthy Jr. High Gymnasium at 7:40 PM, by the existing schedule and substituting the follow- Moderator Dennis McHugh, who recognized the presence ing: of a quorum. There were 484 voters present. E. WAGE AND SALARY SCHEDULE JULY 1, 1986—JUNE 30, 1987 The Moderator explained the Town Meeting pro- Grade Level Salary Range cedure to the voters present. Selectman John P. Emerson 1A $11,777 - $14,662 moved that the reading of the Constable's return of Jr. IB $13,313 $16,575 service and the posting of the warrant be waived. It was so 1C $14,848 $18,486 voted, unanimously. Selectman John P. Emerson Jr. ID $17,920 $22,310 moved that the reading of the entire warrant be waived. 2 $22,528 $28,047 It was so voted, unanimously. 3 $30,210 $37,611 4 $34,819 $43,350 Elizabeth Marshall, Chairman of the Finance Commit- 5 $39,429 $49,089 tee moved to recess the Annual Town Meeting at 7:43 PM in order to conduct a Public Budget Hearing of Federal d) Deleting Items 5 and inserting the following in its Revenue Sharing Funds. Motion carried, unanimously. place: 5. Under Section 7, subtitled Hiring of New Elizabeth Marshall discussed the Federal Revenue Employees, delete Subsection B and substitute Sharing. The sum of $200,000.00 will be available for use the following in its place: in fiscal year 1986-1987, and will be allocated as follows: (B) No person shall be employed by the Town Fire Department Salaries $100,000.00, Police Depart- until such person has a medical examina- ment Salaries $100,000.00. These amounts will be tion by a licensed practicing physician cer- reflected in the department's budgets. The sum of tifying that such person is physically able to $200,000.00 represents approximately 15

UNDER ARTICLE 1 Selectman John P. Emerson Jr. e) Deleting Item 6 and inserting the following in its moved that the reports of Town Officers and Committees place: be heard.

6. Under Section 24 subtitled "Job Titles and Selectman Emerson moved to hear nominations from Standards Rates of wages and Salaries of the the floor for the Varney Playground Commission. Motion Personnel Wage and Salary By-Law", by ad- Carried. Selectman Emerson moved to nominate Norbert ding the following positions: J. McHale for a three year term. The Moderator asked for anymore nominations from the floor, hearing none, the Administrative: Clerical Moderator declared that nominations were closed. The 14. Administrative Assistant to the Executive Moderator then asked for a voice vote on Norbert J. Secretary McHale as commissioner for three years, it was so voted, unanimously. Library 8. Library Assistant Director UNDER ARTICLE 2 Chairman of the Personnel Board Alan Murphy moved to amend the article by The Finance Committee was in favor of the motion. deleting the position of Personnel Director and anything The Board of Selectmen were not. The Moderator asked within the article in reference to the position. He ex- for a voice vote on the motion to amend, motion carried, plained that the Personnel Board felt that there was a unanimously. need for a Personnel Director, but different guidelines should be established, than the ones presented. The Chairman of the Finance Committee Elizabeth Mar- amendment reads as follows: shall moved to amend the article by deleting section 4 Subsection Part (F) "Longevity Payments" in its entirety. a) Deleting Item 1 47

Alan Murphy, Chairman of the Personnel Board spoke (3) Upon completion of fifteen years full time against the motion. He said that this would apply to only employment, said employee shall receive a those employees who come under the Personnel Board 4Vi percent increment over and above who are full time employees. All union employees have their base pay. longevity benefits. Some employees under the Personnel Board have longevity, this is why the Personnel Board (4) Upon completion of twenty years full time wants to have all employees have equal benefits. He employment, said employee shall receive a estimated a possible cost of $17,000. 6 percent increment over and above their base pay. The Moderator asked for further discussion, hearing none, he asked for a voice vote on the motion to delete Under Section 7, subtitled Hiring of New longevity, motion defeated, He then asked for a voice Employees, delete Subsection B and substitute vote on the main motion as amended, motion carried. the following in its place: Article 2 as amended reads as follows: (B) No person shall be employed by the Town Chairman of the Personnel Board Alan Murphy, mov- until such person has a medical examina- ed that the Town vote to amend the Personnel Wages and tion by a licensed practicing physician cer-

Salary By-Law to be effective July 1, 1986, as follows: tifying that such person is physically able to perform the duties for which he or she is to 3. Under Section 6, subtitled Classification of be hired. The physician shall be designated Town Employees, Amend Subsection "E" by the Personnel Board. All certifications "Wage and Salary Schedule" by deleting the shall become a permanent part of the per- existing schedule and substituting the follow- son's personnel records, provided that this ing: requirement shall not apply to persons already employed by the Town on the ef- E. WAGE AND SALARY SCHEDULE fective date of this Amendment, except as JULY 1, 1986—JUNE 30, 1987 provided in Section 16 of the By-Law;

Grade Level Salary Range Under Section 24 subtitled "Job Titles and

1A $12,065 - $15,021 Standards Rates of wages and Salaries of the

IB $13,637 - $16,978 Personnel Wage and Salary By-Law", by ad-

1C $15,210 - $18,936 ding the following positions:

ID $18,357 - $22,854

2 $23,078 - $28,732 Administrative Clerical

3 $30,947 - $38,529 14. Administrative Assistant to the Executive

4 $35,669 - $44,408 Secretary

5 $40,390 - $50,286 Library 4. Under Section 6, subtitled Classification of 8. Library Assistant Director Town Employees, add a new Subsection (F) "Longevity Payments": (F) Longevity payments shall be provided to UNDER ARTICLE 2A Chairman of the Personnel each regular full time employee covered by Board, Alan Murphy, moved to amend the article by

this Plan as shown below. Longevity is add- deleting the title Personnel Director from the Adminis- ed to the base pay. It shall not be used trative and Clerical subsection and inserting the title when, computing overtime, for purposes of Administrative Assistant to the Executive Secretary retirement or sick leave. Longevity shall be (Proposed Level ID). paid semi-annually on the first pay day in December and the first pay day in June. The Finance Committee and the Board of Selectmen Longevity shall be paid on a pro-rata basis. were in favor of the motion. The Moderator asked for a voice vote, motion carried, unanimously.

(1) Upon completion of five years full time employment, said employee shall receive a A discussion took place concerning the Fire Chiefs

\ l/z percent increment over and above Salary. If the salary is voted tonight is that the actual their base pay. salary that will be paid? The Town had a Fire Chief who resigned, therefore the position is available, however, a

(2) Upon completion of ten years full time decision must be made if the position is to remain that of employment, said employee shall receive a "strong" chief or become that of "weak" chief, by the 3 percent increment over and above their Board of Selectman. Norman LeBrecque moved to table base pay. Article 2A until 10:00 PM May 12, 1986. He explained that at that time a decision may be made by then -concerning the position. Town Counsel James Harrington,

explained that the position could be voted as it appears in ......

the warrant book and if the Board of Selectmen estab- RECREATION 1 Director/ Youth Center Coordinator lished that the position will be one of weak chief then the 2. Clerk. Part-time Board will set the salary and it will appear in the budget 3. Waterfront Director of the next annual town meeting. The Moderator asked 4. Swimming Instructor 5. Lifeguard vote the motion to table the article. Motion for a voice on 6. Playground Supervisor defeated. The Moderator then asked if there was any 7 Recreation Specialist 8. Recreation Leader more need for further discussion on the main motion as 9. Youth Center Supervisor amended by the Personnel Board, hearing none he asked 10. Youth Center Leaders for a voice vote on the main motion, which left the chair OTHER POSITIONS in doubt, he asked for a show of hands, motion carried. 1 Building Inspector Article 2 A reads as follows: 2. Electric Inspector

3. Local Inspector . 4. Gas Inspector Chairman of the Personnel Board, Alan Murphy, 5. Dog Officer moved that the Town vote to amend the Personnel Wage 6. Assistant Dog Officer 7 Van Driver and Salary By-Law by further amending Section 24, Job 8. Sealer of Weights & Measures $2,000 P. A. Titles and Standard Rates for Wages and Salaries of 9. Animal Inspector $1,000 P. A. the Personnel Wage and Salary By-Law, to conform to 10. Clock Winder $ 200 P.A. 1 1 Town Engineer rates of pay negotiated by the Town with certain labor organizations, pursuant to General Laws Chapter 150E, FOOTNOTES and to reflect current salaries and grade levels under the #1 — Represented by Collective Bargaining #2 -Not in "Job Rating Plan" Personnel as follows: By-Law #4 — Federal Minimum Hour Wage

#5 -Salary will be 200% of the highest paid Union Firefight. i established by State Law. 7/86 - 7/87 Proposed Proposed ADMINISTRATIVE & CLERICAL Level Salary The Moderator announced to the Town Meeting body

1 . Executive Secretary 4 3 that Articles 3, 4 and 5, were being withdrawn. No mo- 3. Veteran's Agent ... 2 tion or activity will take place concerning those three ar- 2 ticles. 5. Assistant to Assessors ID ID

7 Assistant Treasurer . ID UNDER ARTICLE 6 The Moderator explained that 8. Clerk, Senior IC the Departmental Budget requests would be presented as 9. Clerk, Junior 1A 1A the Town Meeting body went thru the article. The final $500 P. A. vote would be taken at the end of the article after the 12. Board of Reg.. Three Members $360 EA. ID unclassified budget. Chairman of the Finance Commit-

14. . . Administrative Ass't to the Executive Sec. . ID tee, Elizabeth Marshall gave a brief presentation of the budget, explaining why the Committee recommended CONSERVATION, PARKS & CEMETERY Cemetery Superintendent certain figures. The Finance Committee, Board of Select- Supt. of Insect & Pest Control men, and the School Committee spent a lot of time Landscaper — Park Laborer — Park preparing the budget and determining how much was go- Unskilled Laborer ing to be spent. Skilled Forest Workman

Equipment Operator . . Treasurer, James Doukszewicz asked if the depart- Park Superintendent . . ments with personnel who would now be qualified to CUSTODIAL receive longevity as a result of the vote taken in article 2 1. Custodian . should amend their budgets to reflect the new figures or LIBRARY was the Finance Committee going to do so? Also would

1 Library Director . the Finance include the elected officials 2. Library Depa Committee now 3. Library Specialist and members of the Board of Health? The Finance Com- 4. Library Assistant mittee said that the monies needed for longevity will be 5. Library Clerk transferred, it be only for those who ? Assistant and would come '• Page under the personnel Board. The elected officials and

8. Library Assistant Director . members of the Board of Health, would not be included, HIGHWAY DEPARTMENT at this time. 1 Highway Superintendent . . . 2. Highway Foreman The Moderator read the individual line items of each TOWN FIRE DEPARTMENT budget, starting with the Accounting Department 1 Fire Chief through the Finance Committee. Under the Fire Depart- 2. Deputy Fire Chief 3. Captain ment budget discussion took place. Selectman Ready 4. Mechanic (Fire & Police) moved to amend line item 32 to read $2,356,865. Total TOWN POLICE DEPARTMENT Fire Department, $2,467,069. Net Cost Fire Department 1. Police Chief $2,367,069. The Finance Committee asked for the pur- 2. Deputy Chief pose of the amendment. Selectman Ready explained that 3 Captain the Negotiation of the Fire Department's three year con- 49

tract had been settled and that the agreement was a 7%, read $96,450. The Finance Committee and the Board of 5% and 5% increase. Elizabeth Marshall, of the Finance Selectmen were in favor of the motion to amend. The Committee stated that the Finance Committee had not Moderator asked for a voice vote on the motion, motion seen a contract, and was unaware that one had been carried, unanimously. The Moderator read the signed, and felt that until the committee knew what was Moderator's budget and Nashoba Valley Technical High exactly stated in the contract (concerning benefits, etc.) School Budget. Under the Park budget a discussion took that the Town Meeting Body should not approve the con- place. Norman LeBrecque moved to amend Line Item 67 tract at this time. Also the Committee questioned the Expenses to read 9,446. He explained this $3,000. in- figure, felt it should be higher. Selectman Ready ex- crease was to be used to maintain the soccer fields during plained that the figure shown in the budget book was a the soccer season. The Finance Committee was in favor of 1985 figure and that the 7% was retroactive, 5% for the motion to amend. The Selectmen were not. Donald fiscal 1987, but because that was the 1985 figure in the Ayers spoke in favor. Donald Gray Superintendent of book you have to add the 7% twice plus the 5% fiscal Parks said that the department would be willing to main- 1987 increase, which is the increase that all Town tain the fields. The Moderator asked for a voice vote, mo- Employees are receiving. tion carried, unanimously.

A lengthy discussion followed. John Carson moved to The Moderator read from the Personnel Board budget table the Fire budget until after the Special Town through Public Buildings. Under the Recreation Com- Meeting. He withdrew his motion. William Keohane mission budget, Selectmen Emerson moved to amend made a question to move the question. The Moderator Line Item 82 Salaries to read $33,529. and Line Item 84 asked if there was any need for further debate? Hearing Expenses to read $17,780 for a total of $55,689. He said none he asked for a voice vote on the motion to amend the increase was for the increase of cost for running the line article 32, which left the chair in doubt, he asked for summer programs. The Moderator asked for a voice vote, a show of hands, motion carried. James Sousa Acting which left the chair in doubt and asked for a show of Chief of the Fire Department moved to amend line 33 hands, motion carried. from $102,518. to $117,221. And to amend line 32 by adding an additional amount of $115,425. which would be The Moderator read from the Registrars Department funding for five more men. The Board of Selectmen and through the Town Celebration Committee budget. the Finance Committee were against the two motions. Under Town Clerk Department a discussion took place. The Moderator asked for a voice vote on the motion to Elizabeth Marshall, Chairman of the Finance Commit- amend line 33, motion defeated. He then asked for a tee, moved to amend the Salaries Line Item 102 to read voice vote on line 32, motion defeated. $92,492. This figure reflects the 5% increase and not the 7% as requested. The Moderator asked for a voice vote Elizabeth Marshall Chairman of the Finance Commit- on the motion to amend, motion carried. tee, moved to amend the Assessors Department Budget Line item 7 to read $124,535. This new figure reflects a The Moderator read the Town Engineering Depart- 5% increase and not the 7% as requested. The ment. Under the Treasurer/Collector Department a Moderator asked for a voice vote, motion carried. discussion took place. Elizabeth Marshall, Chairman of the Finance Committee, moved to amend the Salaries The Moderator read the Board of Health budget. Line Item 109 to read $144,611. Treasurer James Elizabeth Marshall Chairman of the Finance Committee, Doukszewicz moved to amend the amendment to a figure moved to amend the Salaries Line Item 36 to read of $146,347. which would include the longevity for his $102,228. The purpose was due to the salaries reflecting a Assistant Treasurer, plus a 2% increase and one step 7% increase instead of a 5%. The Moderator asked for a which was approved by the Personnel Board. David voice vote, which left the chair in doubt, a show of hands McLachlan of the Finance Committee asked if the was taken, and the Moderator was still in doubt. The Treasurer had included a figure for longevity for himself following tellers came forward to conduct a hand count: within this amended figure, and the reply was yes. The Finance Committee wanted the Town Meeting Body to Jack Peters Edward Hilliard be aware of this, and that they were not in favor of Norman LeBrecque Donald Elias elected officials receiving longevity. The Moderator asked John Warren Jocelyn Anthony for a voice vote on the motion to amend the motion (the Jacob Sartz Walter Mellon figure of $146,347) motion defeated. The Moderator Estelle Decker Connie Fabien asked for a voice vote on the motion to amend (the figure Harry Foster of $144,611) which left the chair in doubt, the Moderator asked for a show of hands, motion defeated. The Hand count result Yes 69, No 210 Motion Defeated. Moderator explained that the figure which will be voted on at the end of article 6 will be $145,866. The Moderator read from the Highway Department through the Law Department, Under the Library The Moderator read from the Tree Warden Depart- Department a discussion took place: ment through the Unclassified Department Budget. The Moderator asked for any more discussion on article 6. Susan Cantin, Chairman of the Library Trustees, Norman LeBrecque moved to adjourn the meeting until moved to amend Line Item 61. Books and Periodicals to May 5th, at that time a total figure for the whole of arti- . 50

cle 6 could be given. The Finance Committee was in favor CONSERVATION COMMISSION of the motion. The Board of Selectman were not. It was 16. Salaries 5,050 explained by the Moderator that if adjournment took 1 7 Expenses 6,210 place then all the figures could be brought back again for TOTAL CONSERVATION COMMISSION 11,260 discussion. If a total figure is voted and the meeting adjourned then the budget figures could not be brought CONSTABLE back up for discussion. The Moderator asked for a voice 18. Salary 150 vote on the motion to adjourn, motion defeated. The Moderator then read the final figure for the total of all COUNCIL ON AGING/TOWN AIDE the budgets in article 6: $33,091,309.00 will be needed to 19. Salaries 63,698 be raised and appropriated. A discussion took place con- 20. Expenses 29,190 cerning the final figure. William Dalton made a motion TOTAL COA/TOWN AIDE 92,888 to move the question. The Moderator asked if there was any need for further discussion. Haring none, he asked DEBT AND INTEREST: for a voice vote on the figure of $33,091,309.00, motion PRINCIPAL PAYMENTS: carried. William Dalton moved to adjourn the meeting Junior High School until Monday May 5th, 1986 to the McCarthy Jr. High Westland & Harrington Elem School 155,000 Gymnasium. The Moderator asked for a voice vote, mo- Byam Elem School 100,000 tion carried, the meeting adjourned at 11:05 PM. Article School Building Capital Improv. #3 6 reads as follows: School Building Capital Improv. #4 School Building Capital Improv. #5 James Doukszewicz, Town Treasurer, moved that the School Building Capital Improv. #6 540,150 Town vote to raise and appropriate the sum of School Computer Purchase #2 $33,091,309.00 to defray Town charges for the fiscal Sewerage— Plans & Design 100,000 period from July 1, 1986 to June 30, 1987. 21. Total Principal 895,150 Approved Departmental Budgets FY 1987 Appropriations INTEREST PAYMENTS: Anticipation of Revenue and ACCOUNTING DEPARTMENT Other Temp Loans 240,000 High 1. Salaries $ 87,345 Junior School Westland & Harrington Elem School 9,675 2 . Expenses 1,900 3. Outlay 600 Byam Elem School 21,000 School Building Capital Improv. #3 TOTAL ACCOUNTING DEPT. 89,845 School Building Capital Improv. #4 ANIMAL INSPECTORS DEPARTMENT School Building Capital Improv. #5 School Building Capital Improv. #6 84,325 4. Inspectors Salary 1,000 School Computer Purchase #2 5 . Expense 400 Sewerage — Plans & Design 37,000 TOTAL ANIMAL INSPECTORS DEPT. 1,400 22. Total Interest 392,000 BOARD OF APPEALS TOTAL DEBT AND INTEREST 1,287,150 6. Expenses 5,460 DOG OFFICER ASSESSORS DEPARTMENT 23. Salaries 25,385 7. Salaries 124,535 24. Expenses 2,000 8. Expenses 50,000 25. Pound Rental 6,000 9. Outlay 1 26. Care of Live Animals 1,200 10. Legal Services 5,000 TOTAL DOG OFFICER 34,585 1 1 . Revaluation Update 37,500 TOTAL ASSESSORS DEPT. 217,036 EDWARDS MEMORIAL BEACH CEMETERY DEPARTMENT 27. Expenses 1,000 12. Salaries 127,257 ELECTIONS 1 3 . Expenses 24,388 28. Wages and Expenses 28,549 14. Out of State 500 15. Outlay 1,000 EMERGENCY MANAGEMENT AGENCY TOTAL 153,145 (Previously Known as Civilian Defense) TRANSFER FROM P/C INT 15,000 29. Expenses 2,040 NET COST CEMETERY DEPT. 138,145 30. Outlay 1,026 TOTAL EMERGENCY MANAGEMENT AGENCY 3,066 .

FINANCE COMMITTEE LIBRARY DEPARTMENT 31. Expenses 2,000 59. Salaries 380,750 60. Expenses 73,711 FIRE DEPARTMENT 61 Books and Periodicals 96,450 32. Salaries 2,356,865 62. Outlay 1,437 33. Expenses 102,518 63. Out of State 450 34. Out of State 1 TOTAL LIBRARY DEPT. 552,798 35. Outlay 7,685 LESS STATE AID 15,587 2,467,069 TOTAL FIRE DEPT. NET COST LIBRARY DEPT. 537,211 APPROPRIATION FROM REVENUE SHARING FOR SALARIES 100,000 MODERATOR NET COST FIRE DEPT. 2,367,069 64. Salary 300 HEALTH DEPARTMENT NASHOBA VALLEY TECH HIGH SCHOOL 36. Salaries 103,260 65. Assessment 618,431 37. Expenses 14,050 38. Outlay 1 PART DEPARTMENT 39. Out of State 1 66. Salaries 35,231 40. Mosquito Control 10,000 67. Expenses 9,446 TOTAL HEALTH DEPT. 127,312 68. Outlay 1 TOTAL PARK DEPT. 44,678 HIGHWAY DEPARTMENT 41. Salaries 576,094 PERSONNEL BOARD 42. Expenses 426,494 69. Expenses 650 43. Snow and Ice 270,000 TOTAL HIGHWAY DEPT. 1,272,588 PLANNING BOARD REVENUE SHARING APPROPRIATION 70. Expenses 17,577 71. Outlay 1 NET COST HIGHWAY DEPT. 1,272,588 TOTAL PLANNING BOARD 17,578 HISTORICAL COMMISSION 44. Expenses 1,000 POLICE DEPARTMENT 72. Salaries 1,955,166 HYDRANT SERVICE 73. Expenses 199,148 45. Center 52,600 74. Chiefs Out of State 1,050 46. North 19,300 75. Outlay 1 47. East 7,000 76. Auxiliary — Expense 3,070 48. South 77. Auxiliary— Outlay 400 TOTAL HYDRANT SERVICE 78,900 TOTAL POLICE DEPARTMENT 2,158,835 APPROPRIATION FROM REVENUE INSECT PEST CONTROL SHARING FOR SALARIES 100,000 49. Superintendents Salary 1,250 NET COST POLICE DEPT. 2,058,835 50. Expenses 10,800 TOTAL INSECT PEST CONTROL 12,050 PUBLIC BUILDINGS 78. Salaries 53,178 INSPECTION DEPARTMENT 79. Expenses 58,930 51. Salaries 131,192 80. Supervision Fee 7,000 52. Expenses 15,502 81. Outlay 2,000 53. Out of State 500

54. Outlay 1 TOTAL PUBLIC BUILDINGS 121,108 TOTAL INSPECTION DEPT 147,195 RECREATION COMMISSION INSURANCE DEPARTMENT 82. Salaries 37,909 Property Liability and All Types 577,216 83. Expenses 17,780 Chapter 32B 1,022,614 84. Outlay 55. Total Insurance Dept. 1,599,830 TOTAL RECREATION COMMISSION 55,689 LAW DEPARTMENT 56. Town Counsel 500 57. Legal Services 50,000 58. Misc. Expense- Assoc Dues 750 TOTAL LAW DEPT. 51,250 52

REGISTRARS DEPARTMENT VARNEY PLAYGROUND 85. Salaries 21,105 115. Labor- Part-time 3,150 86. Expenses 9,242 116. Expenses 1,999

87. Outlay 1 117. Outlay 1 TOTAL REGISTRARS DEPT. 30,348 TOTAL VARNEY PLAYGROUND 5,150

SCHOOL DEPARTMENT VETERANS BENEFITS DEPARTMENT 88. Budget FY 1987 18,874,726 118. Salaries 43,893 119. Expenses 4,150

SEALER OF WEIGHTS & MEASURES 120. Outlay 1 89. Salary 2,100 121. Cash & Material Grants 53,000 Expenses 300 90. TOTAL VETERANS BENEFITS 101,044 TOTAL SEALER DEPT. 2,400 WASTE COLLECTION SELECTMENS DEPARTMENT 122. Expense 1,200,000 91. Salaries 90,725 92. Expenses 14,800 UNCLASSIFIED DEPARTMENT 93. Outlay 1,500 123. Ambulance Service 94. Out of State 500 124. Cable TV Commission 3,100 TOTAL SELECTMENS DEPT. 107,525 125. Clerk of Committees 126. County Retirement Assessment 999,549 SEWER COMMISSION 127. Cultural Council 100 95. Salaries 37,160 128. Elder Services of Mer Valley 1,800 96. Expenses 25,400 129. Historic District Com 1,000 97. Professional Fees 50,000 130. Lowell Mental Health 9,000 98. Outlay 1 131. Medical Bills Retired Police 10,000 99. Out of State 5,000 and Fire Chap. 41 Sec. 100B 132. Memorial Day Expense 1,000 TOTAL SEWER COMMISSION 117,561 133. Mobil Home Rent Control Bd. 250 STREET LIGHTING 134. NMAC Assessment 9,000 135. Police Mutual Aid - LEAA 2,000 100. Expense 168,000 136. Preliminary Project Studies 1 TOWN CELEBRATION COMMITTEE 137. Town Clock Expense 600 138. Town & Fin Com Reports 5,800 101. Expense 500 139. Unemployment Benefits — State 50,000 TOWN CLERK DEPARTMENT 140. Veterans Pension Claims 6,375 102. Salaries 92.492 TOTAL UNCLASSIFIED DEPT. 1,099,575 103. Expenses 5,605 104. Outlay 410 TOTAL GROSS APPROPRIATIONS 33,321,896 LESS: TRANSFERS 230,587 TOTAL TOWN CLERK DEPT. 98,705 RAISE AND APPROPRIATE 33,091,309 TOWN ENGINEERING DEPARTMENT 105. Salaries 68,013 Dennis McHugh, Mary E. St. Hilaire, 106. Expenses 5,590 Moderator Town Clerk

107. Outlay 1

108. Out of State 1 TOTAL ENGINEERING DEPT. 73,605 ADJOURNED ANNUAL TOWN MEETING TREASURER/COLLECTOR DEPARTMENT 109. Salaries 145,866 May 5, 1986 110. Expenses 26,618 111. Outlay 800 The Adjourned Annual Town Meeting was called to TOTAL TREASURER/COLLECTOR 173,284 order at the McCarthy Jr. High Gymnasium at 7:45 PM TREE WARDEN DEPARTMENT by the Moderator Dennis McHugh, who recognized the presence of a quorum. There were 241 voters present. 112. Salaries 1,000 113. Expense 13,875 Ther Moderator explained briefly the Town Meeting 114. Outlay 1 rules of order. TOTAL TREE WARDEN DEPT. 14,876 Elizabeth Marshall, Chairman of the Finance Commit- 53

tee, moved to take Article 21 out of order. The Finance was being used as a scapegoat at this point. None of the

Committee felt it was important for the Town Meeting other budgets where raises were given were being used as Body to know where the Town stood financially at this examples. A lengthy discussion took place. William point in time before any more money articles are acted Dalton moved the question to stop debate. The upon. The Board of Selectmen were against taking the Moderator asked for a voice vote on the motion which left article out of order. The Moderator asked for a voice the chair in doubt. The following tellers came forward vote, motion carried. Selectman Ready moved to post- and a hand count was taken: pone article 21 until the first order of business on May 12th. The Finance Committee was against postpone- Donald Elias Thomas Gazda ment. The Moderator asked for a voice vote on the mo- Norman LaBrecque Harry Foster tion to postpone, motion defeated. Estelle Decker John Warren Jocelyn Anthony Jean Horgan UNDER ARTICLE 21 Selectman Dennis Ready Jacob Sartz Jack Peters moved that the town vote to raise and appropriate the sum of $194,760.00 to appropriate salary lines items to Result of the hand count Yes 132, No 41, %'s vote re- fund approved wage and salary increases and expense quired, 116 needed motion carried. The Moderator then

allocations in the following departmental accounts: asked for a voice vote on article 21 , which left the chair in doubt, the tellers came forward and conducted a hand Line Item 32. Fire Department count. Result: Yes 116, No 71, motion carried. Salary Account: $173,743.00 Elizabeth Marshall, Chairman of the Finance Commit- Line Item 33. Fire Department tee, moved to recess the meeting for a short period of time Expense Account 4,725.00 for the purpose of re-establishing the Town's financial position. The Moderator asked for a voice vote, motion Accountint Department carried. The meeting recessed at 8:45 PM. 1. Salaries 1,737.00 Assessors Department The Moderator re-convened the meeting at 9:00 PM. 7. Salaries 617.00 Elizabeth Marshall, Chairman of the Finance Commit- Cemetery Department tee, moved to reconsider article 21. The Committee felt 12. Salaries 1,716.00 that the up-coming money articles could be cut, then the Council on Aging/Town Aide financial status would be all right, however if they are 19. Salaries 965.00 voted along with everything else that has been voted Highway Department upon, the Town will be $84,060.00 in deficit. A discus- 41. Salaries 5,019.00 sion took place. William Dalton spoke against the motion Inspection Department to reconsider and made a motion to move the question. 51. Salaries 429.00 The Moderator asked if there was any need for further Library Department debate. Hearing none he asked for a voice vote on the 59. Salaries 2,378.00 motion to reconsider, motion defeated. George Ripsom Park Department of the Finance Committee, questioned the voice vote. 66. Salaries 1,716.00 The tellers came forward and conducted a hand count. Selectmen Department Result: Yes 69, No 111, motion to reconsider defeated. 91. Salaries 289.00 Town Clerk Department UNDER ARTICLE 7 James R. Doukszewicz, Town 102. Salaries 650.00 Treasurer, moved to see if the Town will vote to authorize Veteran's Benefit Department the Town Treasurer, with the approval of the Board of 118. Salaries 776.00 Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning TOTAL $194,760.00 July 1, 1986: in accordance with the provisions of General Laws, Chapter 44, Section 4, and to issue a note or notes Selectman Ready explained that these are the figures as may be given for a period of less than one year in ac- needed to fund the budgets as a result of the action taken cordance with General Laws, Chapter 44, Section 17 and under article 2 and article 6. 17 (a).

Elizabeth Marshall, Chairman of the Finance Commit- The Board of Selectmen and the Finance Committee tee, spoke about the cost of the article and the impact it recommend the article. Motion carried, unanimously. will have on the other money warrant articles. She questioned where the funding was to come from. There could be a possibility of cutting back the Fire Department or William Dalton moved to adjourn the meeting until other alternatives. Monday May 12, 1986. He felt that this would give the William Dalton speaking on behalf of the Fire Depart- Finance Committee and the Selectmen time to review the ment's union personnel, explained that they have been remaining money articles. Both the Board of Selectmen negotiating for over one year and that the contract was and Finance Committee were against the motion. The signed and voted on, and felt that the Fire Department Selectmen wanted to go ahead and make a decision on 54

the non-money articles. The Moderator asked for a voice under highway dept. grader add and plow. He explained vote, motion defeated to adjourn. that the departments had to stay within the amount requested because of the bonding issue. If the required UNDER ARTICLE 8 James R. Doukszewicz, Town work or equipment needed was more than the request, Treasurer, moved that the Town vote to request the then the department would not be able to have the equip- Department of Revenue, Division of Accounts of the ment of work done. The Moderator asked for a voice Commonwealth of Massachusetts, to make an audit of all vote, motion carried, unanimously. The Moderator pro- accounts in all departments in the Town of Chelmsford. ceeded on with Article 14 and took a vote. Mary St. Hilaire, Town Clerk informed the Moderator that a final The Finance Committee and the Board of Selectmen vote was not taken on Article 13, just the motion to recommend the article. Motion carried, unanimously by amend. The Moderator made a point of order and voice vote. returned to Article 13 and asked for a voice vote on the main motion as amended. The motion carried, unani- UNDER ARTICLE 9 Elizabeth Marshall, Chairman of mously, and the article reads as follows: the Finance Committee moved to postpone the article un- Selectmen John P. Emerson moved that the town vote til the completion of the Special Town Meeting schedule to appropriate the sum of $2,295,520.00 for the following for May 12th. The Moderator asked for a voice vote, mo- capital projects: tion carried.

landfill closure costs $450,000.00 UNDER ARTICLE 10 The Selectmen stated that this article was to be dismissed due to no previous bills. police dept. communications system $125,000.00

police dept. stainless steel toilets (6) $ 6,000.00 UNDER ARTICLE 1 1 Peter Dulchinos, Chairman of the Board of Health, moved to table this article until police dept. smoke detectors/lights another time within the Town Meeting. Motion carried. (cells) $ 5,000.00

police dept. elec. breathilizer $ 5,000.00 UNDER ARTICLE 12 John P. Emerson Jr. Chairman of the Sewer Commission moved that the Town vote to police dept. new cruisers (5) $ 60,000.00 authorize the Board of Selectmen and/or the Sewer Com- bldg. inspctn. microfilm missioners to acquire any all temporary per- and and/or reader/ printer $ 13,000.00 manent easements, and any property in fee simple with cemetery dept. roof for maint. bldg. 26,600.00 the buildings and trees thereon by purchase, eminent do- $ main, or otherwise, for the property located in the Town cemetery dept. % ton pick-up truck $ 12,000.00 of Chelmsford Massachusetts, and further described and park dept. % ton pick-up truck $ 11,000.00 shown on a set of plans, entitled Plan of Sewer Easement in Chelmsford Massachusetts, North Interceptor Sewer, pubic, bldgs. stairway from lower pkg. prepared for the Chelmsford Sewer Commission, Febru- lot to upper lot — Town Office Bldg. $ 8,000.00 ary, 1986, scale 1 inch = 40 feet, by Howe surveying, and pubic, bldgs. carpeting for Town Ofc. a plan entitled "Subdivision of Land in Chelmsford $ 29,200.00 1 ' " = 40 dated December 11, 1985, Prepared by William G. Troy", copies of which are on file in the office of the fire dept. rescue truck 80,000.00 Town Engineer and are incorporated herewith, for the $ purpose of constructing and maintaining sewers, pump- fire dept. auto, generator for sta. #01 $ 20,000.00 ing stations, and all other appurtenances thereto said fire dept. portable foam $ 7,000.00 funds to be expended from the sale of Bonds and/or notes authorized from Articles 31 from the Annual Town fire dept. hazardous waste materials — Meeting of 1984. equipment and training $ 20,000.00

recreation dept. So. Row outfield Selectman Emerson explained that there was no money rehab. $ 5,000.00 involved, just a vote of approval needed. The Finance Committee recommend. A %'s vote was required. A highway dept. drainage work projects $163,000.00 voice vote was taken, motion carried, unanimously. highway dept. road resurfacing projects $355,300.00

UNDER ARTICLE 13 Selectman Emerson stated that highway dept. diesel dump trucks (2) $ 93,000.00 the monies required for this article would be bonded, and highway dept. 4 whl. dr. dump trucks asked James Doukszewicz to explain. James Doukszewicz (2-1 ton) $ 47,000.00 moved to amend the article by updating the amounts shown. He explained that since the article was drawn up highway dept. grader and plow $104,000.00 amounts changed, and before Town Meeting action was sewer commission drainage work $250,000.00 to take place an amendment was required. Under Cemetery dept, roof for maint. bldg. $26,600. Under library dept. ports/printers — (2) CLSI 5,520.00 highway dept. 4 whl.dr dump trucks (2-1 ton) 47,000. terminals Under highway dept diesel dump trucks (2) $93,000. and 55

school dept. roof coating— McCarthy whether or not pretreated, and (3) Industrial roofs $ 15,000.00 waster, (4) and/or any other material found to be hazardous and/or dangerous to the public school dept. student furn. replacement health, welfare and safety and/or environ- -500 units-elem. schls. $ 37,500.00 ment, by the Board of Health. school dept. bus. educ. terminals (18) $ 22,500.00 (b) Discharge: The Discharge, deposit, injection, school dept. sidewalk repairs/ voting dumping, spilling, leaking, incineration, or ramps $ 40,000.00 placing of substance materials below any sur- school dept. So. Row windows glazed $ 10,000.00 face. school dept. So. Row playground (c) Storage: surface rehabilitation $ 22,000.00 The actual or intended containment of subsurface materials. school dept. (3 Schls) panic hdwre. replcd. 28,000.00 $ 2. No subsurface material shall be discharged or schl. dept. bleacher rplcmt. (section) — stored within 1200 feet of any wells located within McCarthy field $ 7,500.00 the Town, if said wells supply the inhabitants of the Town with water, whether through an established schl. dept. walkways resurfaced $ 30,000.00 Water District or municipal wells. schl. dept. Westland playground rehab. $ 4,000.00 3. No fuels or subsurface material shall be stored within 1200 feet of any wells located within the school dept. T-V equipment $ 15,000.00 Town, if said wells supply the inhabitants of the schl. dept. high schl. track rehab. $100,000.00 Town with water, whether through an established Water District or Municipal Wells. schl. dept. high schl. carpeting $ 16,000.00 schl. dept. high schl. painting $ 10,000.00 4. Enforcement. schl. dept. high schl. (Lexan glass The Board of Health or its Enforcement Officer replaced) $ 5,000.00 may, according to law, enter upon any premises at accounting dept. computer any reasonable time to inspect for compliance with hdwr./sftwre. $ 32,400.00 the provisions of this By-Law. Upon demand by the owner or person in control of the premises, and that to meet these appropriations, the Treasurer, however, the Board of Health or its Enforcement with the approval of the Selectmen, is authorized to bor- Officer shall obtain a warrant authorizing such en- row $2,295,520.00 under G.L.ch 44 section 7. try and inspection. Information necessary to demonstrate compliance shall be submitted by the UNDER ARTICLE 14 Charlott DeWolf, Chairman of occupant of the premises at the request of the the Cemetery Commission, moved that the town vote to Board of Health or its Enforcement Officer. If re- transfer the sum of $15,000.00 from the Sale of Graves quested, samples of subsurfaces materials and/or and Lots to the Improvement and Development Fund of materials stored shall be provided to the Board of the Cemetery Department. The Moderator asked for a Health or its Enforcement Officer for testing. All voice vote, motion carried, unanimously. records pertaining to said materials, disposal and removal shall be retained for no less than five years, UNDER ARTICLE 15 Chairman of the Board of and shall be made available for review within 48 Health, Peter Dulchinos, moved that the Town vote to hours of a request. amend to the General By-Laws, Article VII

Miscellaneous, by adding the following: 5. Violation.

Section II. Discharge of subsurface material and Upon determination by the Board of Health of a storage of fuels, substances, etc., within 1200 feet of violation of this By-Law, the Board may issue such wells. order as it deems appropriate to remedy the violation. The order may include a compliance schedule 1. Definitions for those activities which the Board of Health deems reasonably necessary to abate the violation.

In this By-Law, the following terms have the follow- 6. The Planning Board, Board of Appeals and ing meaning; Building Inspector shall be prohibited from issuing (a) Subsurface material: any substance defined as any special permits variances or building permits in (1) a Hazardous waste by any federal or state contravention of this By-Law and any said permits agency; by any Federal or State regulation, or shall be deemed null and void. pursuant to Article X of the Town of Chelms- ford General By-Laws. (2) Septic wastes, 56

7. Penalty. AT LARGE — At Large shall be intended to mean off the premises of the owner, and not under the Violation of this By-Law shall be punishable by a control of the owner or authorized escort either by fine of $300.00 for each offense. Each day that such leash, cord, chain, or otherwise. violation continues shall constitute a separate offense. LICENSE PERIOD -The license period shall be from January 1 of each year to December 31 of the 8. Severability. same year.

It is hereby declared that the provisions of this By- 3. Registration and Licenses. Law are severable, and if any provisions of this By- Law shall be declared unlawful by a valid judgment (a) A person who at the commencement of a

or decree of any court of competent jurisdiction, license period is, or who during any license such invalidity shall not affect any of the remaining period becomes, the owner or keeper of a dog

provisions of this By-Law. three months old or over which is not duly licensed, and the owner or keeper of a dog

The Board of Health asked for support of the article three months old or over which is not duly from the Town Meeting body. The Selectman and licensed, and the owner or keeper of a dog

Finance Committee recommended the article. Richard when it becomes three months old during a

O'Neil wanted to amend the article to read residential license period, shall cause it to be registered, wells, but this was ruled out of order by Town Counsel numbered, described and licensed until the James Harrington, The Moderator asked for a voice vote, end of such license period, and the owner or motion carried, unanimously. keeper of a dog so registered, numbered, described and licensed during any license

UNDER ARTICLE 16 Selectman John P. Emerson Jr. period, in order to own or keep such dog after moved that the Town vote to accept the provisions of the beginning of the succeeding license period,

General Law, Chapter 44, Section 53E. shall, before the beginning thereof, cause it to be registered, numbered, described and licens- Selectman Emerson explained that this was to be used ed for such period. The registering, number- by Departments for their own receipts so they could apply ing, describing and licensing of a dog shall be the monies towards their own operating expenses. Before done in the office of the Town Clerk on a form they can do this they must get Town Meeting approval to prescribed and supplied by the Town Clerk, set up the revolving account. The Moderator asked for a and shall be subject to the condition expressed voice vote, motion carried. therein that the dog which is subject of the license shall be controlled and restrained from

UNDER ARTICLE 17 Selectman John P. Emerson Jr. killing, chasing or harassing live stock or fowls. moved that the Town vote to amend the General By- The Town Clerk shall not grant such license for Laws, Article VII — Miscellaneous, by deleting Section 1. any dog unless the owner thereof provides the Dog Leash Law, and Section 8. Licensing of Dogs, by Clerk with a veterinarian's cer- deleting said sections in their entirety, and substituting Town either the following in their place. tification that such dog has been vaccinated in accordance with the provisions of Section 145 B or has been certified exempt from such provi- Section I. Regulation of Dogs sion as outlined in Section 137 or 137A, or a notarized letter from a veterinarian that a cer- 1. Reference to Massachusetts General Laws. tificate was issued or a metal rabies tag bearing an expiration date indicating that such cer- Any reference to a "Section number" in this By- Law shall mean Chapter 140 of the Massachusetts tification is still in effect. General Laws, unless otherwise stated. The Owner or keeper of a licensed dog shall

2. Definitions. cause it to wear around its neck or body a collar or harness of leather or other suitable material, to which shall be securely attached a tag in a Unless otherwise set out in this By-Law, any term form prescribed by and issued by the Town defined in Section 136A, shall have the same mean- Clerk a license is issued. Such tag shall ing in this By-Law, and shall be expressly incor- when porated herein. state the following: (a) Town of Chelmsford, (b) Year of issue, and (c) tag number. If any such tag shall be lost, the owner or keeper of OWNER — Owner shall be intended to mean any person or persons, firm, association or corporation such dog shall forthwith secure a substitute tag of dollar. owning, keeping or harboring a dog owned or kept from the Town Clerk at a cost one in the Town. This section shall not apply where it is otherwise provided by law, nor shall it apply to a person having a kennel license. 57

(b) The provisions of Section 138 and 138A shall 137C. Any person maintaining a kennel after be expressly incorporated under this By-Law. the license therefor has been so revoked, or

while such license is so suspended, shall be (c) A license duly recorded shall be valid punished as set forth in section 18 of this By- throughout the commonwealth, except that, in Law. The selectmen may in the case of any the case of the permanent moving of a dog into suspension, reinstate such license. the town, the owner or keeper thereof shall, within thirty days after such moving, present (e) The provisions of Section 137D A shall be ex- the original license and tag of such dog to the pressly incorporated under this By-Law. Town Clerk and said Town Clerk shall take up the same and issue to said owner or keeper a 5. LICENSE FEES transfer license, together with a tag, for such dog upon payment of one dollar. The provi- The fee for every dog licensed shall be as follows: sions of this By-Law relative to the form and furnishing of licenses and tags shall apply to Four Dollars ($4.00) for every neutered male dog. licenses and tags issued under this paragraph. Four Dollars ($4.00) for every spayed female dog. Seven Dollars ($7.00) for every male and female dog. 4. KENNEL LICENSE Determination of licensing eligibility, dogs not re- (a) Any person maintaining a kennel shall have a quired to be licensed, or refunding license fees, kennel license. shall be determined as set out in Section 139.

(b) Any person who meets any requirement of the The fee for every kennel license shall be as follows: Town of Chelmsford By-Laws, and Section 137 A, may obtain a Kennel License from the Ten Dollars ($10.00) for every kennel license for Town Clerk on a form prescribed and supplied 4 dogs or less by the Town Clerk and for a fee as set out in Twenty-five Dollars ($25. 00)for every kennel license for Section 5 of this By-Law. The Town Clerk shall over 4 but not over 10 upon application issue without charge a kennel dogs. license to any domestic charitable corporation incorporated exclusively for the purpose of pro- Fifty Dollars ($50.00) for every kennel license for tecting animals from cruelty, neglect or abuse over 10 dogs. and for the relief of suffering among animals. All the fees shall be increased by Five Dollars

(c) The provisions of Section 137B shall be ex- ($5.00) on the first day of the second month follow- pressly incorporated under this By-Law. ing the required licensing period, as outlined in section 3 (a) of this By-Law, and by an additional Five (d) The Chief of police or dog officer may at any Dollars ($5.00) on the first day of each succeeding time inspect or cause to be inspected any ken- month.

nel and if, in their or his judgement, the same

is not being maintained in a sanitary and 6. DOG OFFICER

humane manner, or if records are not properly kept as required by law, shall file with the The Board of Selectmen shall annually appoint a selectmen a petition setting forth the facts, and dog officer and as many assistant dog officers as the selectmen shall upon this petition, or upon said board determines necessary to enforce this By- a petition of twenty-five citizens, setting forth Law and, said individual(s) shall enforce this By- that they are aggrieved, or annoyed to an un- Law and perform such other duties as the selectmen reasonable extent, by one or more dogs at a may determine. The selectmen shall determine kennel maintained in town, because of ex- hours and conditions of work for the dog officers. cessive barking or vicious disposition of said Compensation for persons appointed under this By- dogs or other conditions connected with such Law shall be consistent with other By-Laws dealing kennel constituting a public nuisance, said with salaries of appointed officials. selectman, within seven days after the filing of such petition, shall give notice to all parties in The provisions of Section 151 and 151 A regarding interest of a public hearing to be held within killing and or transfer of and dogs shall apply and fourteen days after the date of such notice. are expressly incorporated in this By-Law. No dog Within seven days after such public hearing officer shall be a licensed animal dealer registered said selectmen shall make an order either with the United States Department of Agriculture, revoking or suspending such kennel license or and no dog officer, either privately or in the course otherwise regulating said kennel, or dismissing of carrying out his official assignments as an agent said petition. Within ten days after such order for this town, or shall any other agent of the town, the holder of such license may bring a petition give, sell, or turn over any animal which may come in the district court as outlined in Section into his custody to any business or institution licens- 58

ed or registered as a research facility or animal 9. DISPOSITION OF DOGS dealer with the United States Department of Agriculture Whoever violates the provisions of this Any dog confined by the dog officer, unless picked paragraph shall be punished as provided in Section up by the owner, shall be kept for at least 10 days, 151. at which time said dog may be disposed of in a manner determined by the Board of Selectmen,

7. LEASH LAW provided that at the end of 10 days, the dog officer may make available for adoption any male or any No owner or keeper of any dog shall permit such spayed female dog not found to be diseased. Any dog to run at large at anytime. The provisions of dog confined by the dog officer shall not be released this section shall not be intended to apply to dogs to the owner until the owner produces evidence of a participating in any dog show, nor to "seeing-eye" current dog license, and pays a sum of $10 per day dogs properly trained to assist blind persons for the for care of the animal, each day or part of a day purpose of aiding them in going from place to counted as one day. For any dog adopted under this place, nor to any dogs properly trained and under paragraph, a fee of $10 shall be charged, and said control of and aiding the deaf, nor to any dogs be- dog shall be licensed before adoption. Any fees in ing trained or actually being used for hunting pur- this paragraph are to be in addition to fees or fines poses. as specified elsewhere in this By-Law and/or under Massachusetts General Laws. No dog shall be Nothing contained in the foregoing paragraph shall turned over or sold in any manner inconsistent with prevent the Selectmen from passing any orders Section 151 or disposed of inconsistent with the pro- authorized by Massachusetts General Laws or by visions of 151A. Section 167 at such times as they shall deem it necessary to safeguard the public. 10. EMERGENCY TREATMENT

Every owner or keeper of a dog shall exercise proper Any veterinarian registered under the provisions of care and control of their dog so as to prevent said section fifty-five or fifty-six A of chapter one hun- dog from becoming a public nuisance. It shall be dred and twelve who provides emergency treatment deemed a public nuisance if any dog should trespass of a dog or cat that is injured on any public way in upon public or private property and deposit feces Chelmsford shall receive in lieu of payment from thereon, unless said feces are immediately removed the county dog fund as allowed in Section 151B, by the owner or keeper of said dog. payment from the Dog Fund provided by under this By-Law. All other provisions of Section 151B shall 8. CONFINEMENT ETC., OF DOGS be incorporated herein under this By-Law.

The dog officer shall seek out, catch and confine all 11. DAMAGE CAUSED BY DOGS dogs within the town that have not been licensed within 60 days of the time the dog is required to be Whoever suffers loss in a manner described in Sec- licensed under this By-Law; and shall seek out, tion 161 shall inform the dog officer of such loss, catch and confine any dogs within the town that are who shall investigate the circumstances of said loss.

found on public property, or on private property In the event it is found that the damage was caused

1 where said dog is trespassing and the owner or per- by the dog officer is less than $50, he shall submit a son in control of such property wants the dog report to the Board of Selectmen. If the estimate is removed, said dogs being in violation of this re- over $50, he shall have the damage appraised on quirement of this By-Law; and shall seek out, catch oath, by three persons, one person appointed by the and confine any dog within the town when said dog dog officer, one appointed by the person alleged to was cited for a violation of any provision of this By- be damaged, and one appointed by the other two. Law, and the owner or keeper has failed within 21 Said appraisers shall act as outlined in Section 161 days to avail himself to Section 16 or 17 of this By- and turn in said appraisal to the Board of Select- Law, or within 21 days of a determination by the men who may authorize payment, or make such in-

court under the provisions of Article 1 , Section 2 of dependent investigation as they think proper, and the Town of Chelmsford General By-Laws that any shall issue an order upon the Town Treasurer for sums are due, and has failed to pay said sums. any amount as they decide to be just and shall notify all interested parties of their decision. The Any owner or keeper of any dog who refuses to turn appraisers shall receive payment from the town in a

over any dog to the dog officer upon demand, said manner as is authorized in Section 161. All funds seeking out, catching or confinement authorized in expended under this section shall come from the the paragraph above, shall be punished by a fine of Dog Fund. One Hundred Dollars ($100). Each day that said violation continues shall constitute a separate of- The Selectmen may appoint a temporary investi- fense. gator in any case that the board believes in its reasonable discretion requires further investigation, 59

and if said investigator believes that the evidence is 13. REWARDS sufficient to sustain an action against the owner or keeper of the dog, he shall recommend to the board The provisions of Sections 162 regarding the of selectmen that said action be brought, unless the rewards for killing a dog shall be incorporated owner or keeper before action brought pays him herewith with said funds being paid from the Dog such amount in settlement of the damages as he Fund. deems reasonable. After the recommendation of the investigator, the selectmen may order that ac- 14. ORDERING DOGS TO BE MUZZLED tion shall be brought in his own name or in the OR RESTRAINED name of the Town of Chelmsford or both, as the selectmen, determine. All the provisions of Section 167 shall be incorporated into this By-Law except that any dog held If the Selectmen determine, after notice to parties under the provisions of Section 167 may not be

interested and a hearing, who is the owner or released until all the requirements of this By-Law,

keeper of any dog which is found to have worried, regarding licensing and the fee for care of the maimed or killed any live stock or fowls, thereby animal, are complied with. All other provisions of causing damages for which their owner may Section 167 shall be incorporated herein. become entitled to compensation from the dog fund under this By-Law they shall serve upon the 15. VIOLATIONS owner or keeper of such dog a notice directing him within twenty-four hours to kill or confine the dog. Any person authorized to enforce provisions of this A person who owns or keeps a dog, and who has By-Law shall in addition to any pickup of the dog received such notice and does not within twenty- pursuant to this By-Law, issue a citation to the

four hours kill such dog or thereafter keep it on his owner or keeper of any dog violating the provisions premises or under the immediate restraint and con- of the Leash Law requirements of this By-Law. Any trol of some person, shall be punished as provided such citation shall include, in addition to the viola- in Section 18 of this By-Law, and any police officer, tion charged, the name and address of the owner or

constable or dog officer may kill such dog if it is keeper of the dog, the date and time and location of found outside of the enclosure of its owner or the alleged offense, and the amount of the penalty keeper and not under his immediate care. due, said citation shall be on a form prescribed by and furnished by the Town Clerk. The Board of Selectmen, or their agents thereto authorized in writing, may, after written notice to 16. INFORMAL DISPOSITION PROCESS the owner or keeper, enter upon the premises of the owner or keeper, of any dog known to them to have The owner or keeper of the dog that receives a cita- worried or killed live stock or fowls, and then and tion under this By-Law, may within 21 days, con- there kill such dog, unless such owner or keeper fess to the offense charged by personally or through whose premises are thus entered for the said pur- a duly authorized agent or by mailing to the Town pose shall give a bond in the sum of two hundred Clerk, said citation along with payment in the dollars with sufficient sureties, approved by the amount as authorized under the PENALTY provi- Board of Selectmen conditioned that the dog shall sions of this By-Law. Said payment shall be by be restrained for twelve months next ensuing. And postal note, money order or check. The payment to if the owner or keeper of the dog declares his inten- the Town Clerk shall operate as a final disposition tion to give such a bond, said Selectmen or their of the case. agents, shall allow him seven days, exclusive of Sun- days and holidays, in which to procure and prepare If such person when issued a citation desires to con-

the same and to present it to them, or to file it with test the violation through the Informal Disposition the Town Clerk. Process, he may, within 21 days of said issuance, request a hearing with the Town Clerk, or a hearing 12. LIABILITY FOR DAMAGES officer appointed by said clerk, and may present either in person or by counsel, any evidence he may The owner or keeper of a dog which has done have to refute the allegation contained in the cita- damage to live stock or fowls shall be liable in tort tion. At such hearing, the clerk or hearing officer to the town for all damages so done in which the shall make a determination as to facts of the allega- Town has been requested to pay as provided by tion, and said determination shall be final regard- General Laws Chapter 140 or by this By-Law. Such ing the informal disposition process. action may be brought by the Board of Selectmen, or by a temporary investigator as authorized in Sec- 17. NON CRIMINAL DISPOSITION tion 11 of this By-Law. OF VIOLATION

If any person so notified by citation desires to contest the violation alleged in the citation notice 60

without availing themselves to the provisions of the tion of this fund by the Town Accountant. informal process, or desires to contest the decision of the clerk or hearing officer, he may avail himself 20. ANTI-RABIC VACCINE AND TREATMENT

to the procedures established in Article 1 , Section 2 or the Town of Chelmsford General By-Laws. In The Board of Health shall, upon application fur- either of the above cases, or if the owner or keeper nish free of charge to any resident who has been ex- of a dog fails to respond to the citation within 21 posed to rabies, or may have been so exposed, anti- days, the Town Clerk shall forward a copy of the rabic vaccine and anti-rabic treatment, in accor- citation to the District Court where it shall be dance with rules and regulations which the Depart-

handled under the provisions of Article 1 , Section 2 ment of Public Health is authorized to make. Any of the Town of Chelmsford General By-Laws. resident shall have the right to select his own physician, who shall be paid by the Town at a rate 18. PENALTY established by the Board of Health, and the fact

that a physician is a member of the Board of Health (1) The following penalties, except where in- shall not disqualify him from being so selected and dicated herein shall be in effect for violations of from being paid by the town for his services. Reim- the Leash Law provisions of this By-Law: bursement for the cost of furnishing vaccine and treatment, not exceeding fifty dollars in the case of (a) Informal Disposition Process any one person, shall be made from the Dog Fund. 1st Offense in calendar year $25 2nd Offense in calendar year $50 3rd or Subsequent Offense 21. DOG LISTINGS in calendar year $100 Persons authorized or directed by section four of (b) Non Criminal Disposition through Article chapter fifty-one or by any special law to make lists 1, Section 2, Town of Chelmsford General of persons three years of age or older shall make a By-Laws. list of all dogs owned by the inhabitants of the town 1st Offense in calendar year $50 at the time of making lists required under such sec- 2nd Offense in calendar year $100 tion and return the same in duplicate to the Town 3rd or Subsequent Offense Clerk on or before April first. An owner or keeper in calendar year $150 of a dog who refuses to answer or answers falsely to persons directed or authorized to make a list of the

(2) Violation of Section 4, (d) of this By-Law shall owners of dogs shall be punished by a fine of not less be $50. than ten dollars.

(3) Penalties for violations of any other provision of 22. MASSACHUSETTS GENERAL LAWS this By-Law shall be $100. INCORPORATED INTO THIS BY-LAW

(4) Each day of all said violations shall constitute a The provisions of the following sections of Chapter separate offense. 140 of Massachusetts General Laws shall be incorporated into and apply to this By-Law; Section 19. DOG FUND 145B, 149, 155, 155A, 156, 157, 158, 159, 160, 161A, 168, 174A, 174B, AND 174D. There shall be a dog fund established by the town under the provisions of Chapter 44, Section 53E of 23. EFFECTIVE IMPLEMENTATION DATE OF Massachusetts General Laws which shall be used to THIS BY-LAW make purchases necessary to administer this By- Law and to pay any expenses relating to this By- This By-Law shall go into effect on December 31, Law or for any other costs that Massachusetts 1986, and until said date, all areas of Massachusetts General Laws require to be paid from the county General Laws and Sections 1, and 8 Article VIII — dog fund. Said fund shall be administered by the Miscellaneous of the Town of Chelmsford General Town Accountant and may receive funds from By-Laws shall remain in effect. usual municipal financing methods and from any fees or fines collected under this By-Law. The 24. SEVERABILITY CLAUSE Board of Selectmen shall determine a maximum amount that shall stay in said fund, with all addi- If any part, section or provision of this By-Law is tional funds being turned into the General Fund. found to be invalid, the remainder of this By-Law shall not be affected thereby; and I move that the The Board of Selectmen may determine certain Town vote to transfer and appropriate the sum of salaries or expenses that may not be funded with $1,000.00, from Dog Officer receipts, to fund the this fund but must be appropriated through the aforementioned article. usual municipal financing procedure, and such determination shall be binding on this administra- 61

Pennryn Fitts explained the article. Chelmsford would UNDER ARTICLE 26 Capital Planning Member, have it's own By-Law concerning dogs, and be responsi- James Doukszewicz, moved that the Town vote to transfer ble for enforcing the by-law. The Board of Selectmen and and appropriate the sum of one hundred and thirty seven the Finance Committee support the article. The thousand five hundred dollars ($137,500.00) from the Moderator asked for a voice vote, motion carried, unexpended proceeds of the School Capital Improvement unanimously. Project Bond and/or note Issue, from Article 10 of the 1985 Annual Town Meeting for the purpose of the UNDER ARTICLE 18 Selectman John P. Emerson Jr. rehabilitation of the roof at the Westlands School. moved that the Town vote to accept the provisions of General Laws, Chapter 140 Section 147A authorizing the Capital Planning Member, James Doukszewicz, ex- Town of Chelmsford to enact by-laws and ordinances plained that there was money left in the account ear- relative to the regulation of dogs. marked for roof work, once money is set aside for certain

projects, that is the only work that the money can be Selectman Emerson explained that this would remove spent on. The Finance Committee recommended the ar- Chelmsford from the Middlesex County jurisdiction of ticle. The Selectman support the article. The Moderator mandating the Town's dog licenses, etc. Chelmsford asked for a voice vote, motion carried, unanimously. would be responsible for it's own by-law and issue it's own licenses. The Moderator asked for a voice vote, motion UNDER ARTICLE 27 Selectman, John P. Emerson carried, unanimously. Jr., moved that the Town vote to accept the provisions of Massachusetts General Laws, Chapter 64C Section 3 A, Chairman of the Board of Health Peter Dulchinos, authorizing the Town of Chelmsford to impose a local moved to remove Article 11 from the table. Motion car- room occupancy excise at the rate of 4% to be effective ried by voice vote. July 1, 1986.

Chairman of the Board of Health Peter Dulchinos, The Board of Selectman recommend the article. They moved to dismiss Article 1 1 due to the funding of the felt that the town had a opportunity to raise additional closure of the Swain Road landfill being passed in Article revenue. The Finance Committee was against the mo- 13. tion. The Finance Committee felt that the figure that could be raised in question, was not a true figure, and

UNDER ARTICLE 19 Selectman John P. Emerson Jr. that the Town shouldn't depend on the amount for fun- moved to postpone this article until the completion of the ding. Attorney Joseph Shanahan representing the two Special Town Meeting schedule for May 12th. The article hotel owners in Town, (The Kelley Family and Dumont will be acted on after article 9. Family) spoke against the article. He said surrounding The Moderator asked for a voice vote on the motion, cities/ towns do not have such a tax, and would be unfair motion carried, unanimously. to force such a tax on these two property owners who are already paying their fair share in real estate taxes to the Town. lengthy discussion followed, with a number of UNDER ARTICLE 23 Town Treasurer, James A voters speaking in favor and against the article. Select- Doukszewicz, moved that the Town vote to authorize the man Ready made a motion to move the question. The Town Treasurer, to enter into compensating balance Moderator asked if there was any further need for discus- agreements, during fiscal 1987, as permitted by General sion. Hearing none he asked for a voice vote, motion car- Laws, Chapter 41. ried.

James Doukszewicz, explained that this was a new UNDER ARTICLE 28 Acting Fire Chief, James Sousa, regulation that enforced Cities/Towns to pay for the ser- moved to amend the article by deleting the words, vices offered by banks. In the past banks did not charge "Board of Selectmen" and replace them with the words the Town for bad check's payroll services etc., as long as "Chief of the Fire Department", through out the article. money accounts were kept with the bank, however, now The Finance recommended the amendment. The Board they must charge. The Finance Committee recom- of Selectmen were in favor. James Sousa explained the mended the article. The Board of Selectmen supported reason for his motion to the Town Meeting body. A the article. The Moderator asked for a voice vote, motion discussion took place. William Dalton moved the ques- carried, unanimously. tion, the Moderator asked for any need for further discussion. Hearing none he asked for a voice vote on the mo- UNDER ARTICLE 24 Library Trustee, Mark tion to amend, motion carried. He then asked for a voice Gauthier, moved to postpone this article until the com- vote on the main motion, as amended, motion carried, pletion of the Special Town Meeting schedule for May unanimously. The article reads as follows: 12th. The article will be acted on after article 23.

Selectman, John P. Emerson Jr., moved that the Town The Moderator asked for a voice vote on the motion, vote to amend the General By-Laws Article VI Police motion carried, unanimously. Regulations, Section 19 Prohibition on leaving Motor Vehicles in Certain Private Ways, by deleting UNDER ARTICLE 25 Chairman of the Library paragraph #2 in its entirety, and substituting the follow- Trustees, Susan Cantin, dismissed the article. ing in its place: 62

2. It shall be unlawful to obstruct or park a motor vehi- The Finance Committee and Board of Selectmen cle in any fire lane, such fire land to be designated by the recommend the article. Motion carried, unanimously. Chief of the Fire Department and shall be posted as such.

Said fire lane to be NOT LESS THAN eighteen (18) Feet UNDER ARTICLE 31 Selectman John P. Emerson Jr., Wide for all buildings in any shopping center, bowling moved that the Town vote to authorize the board of alley, theatre, nursing home, office building, or other Selectmen to purchase or take by eminent domain, access public building. The establishment of fire lanes as set easement over a parcel of land described below and own- forth above shall be at the sole discretion of the Chief of ed by New England Power Company: and further to raise the Fire Department and shall run from the wall of the and appropriate, the sum of one dollar ($1.00) a sum of building or any overhang of the building or any sidewalk money for appraisal fees, engineering fees, land acquisi- adjacent thereto. Any fire lane in excess of eighteen (18) tion costs and related expenses; the said land is described feet wide shall have the approval of the property owner or as follows: person in control of such property; BEGINNING AT A POINT ON THE NORTHERLY (a) The Chief of the Fire Department shall notify all SIDE OF SAID PINE STREET AT THE SOUTH- record owners of the designation of Fire lanes. EASTERLY CORNER OF THE GRANTED PREMISES AND AT LAND NOW OR FORMERLY OF HENRY E. Selectman Emerson moved to adjourn the meeting un- AND MARY T. SHERMAN: THENCE RUNNING S 83 til Monday May 12th, 1986 to the McCarthy Jr. High 30 ' 35" W SEVENTY (70) FEET TO A POINT BEING Gymnasium. The Moderator asked for a voice vote, mo- THE NORTHWEST CORNER OF SAID PARCEL: tion carried, the meeting adjourned at 11:05 PM. thence S 82 43 ' 50" E NINETY-SIX AND EIGHTY ONE HUNDREDTHS (96.80) FEET TO A POINT: Dennis McHugh, Mary E. St. Hilaire, THENCE S 31 30 ' 55 " W SIXTY-NINE AND NINETY- Moderator Town Clerk ONE HUNDREDTHS (69.91) FEET TO THE POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL OF LAND, CONTAINING 5,809 +/- SQUARE FEET OF LAND: ADJOURNED ANNUAL TOWN MEETING Said parcel of land, a portion which lies in the Town of Chelmsford and the remainder lying in the Town of Billerica, Middlesex County, Massachusetts. May 12, 1986

Said parcel is a portion of land shown as parcel #3 con-

The Adjourned Annual Town Meeting was called to taining 3.03 acres as shown on Plan of Land for New England Power Company which plan is recorded in said order at the McCarthy Jr. High Gymnasium at 7:50 PM, by the Moderator Dennis McHugh, who recognized the Registry of Deeds in Book of Plans 119, Plan 152. presence of a quorum. There were 505 voters present. Selectman Emerson explained that this street starts in the Town of Billerica, and comes through to Brick Kiln UNDER ARTICLE 29 Selectman John P. Emerson Jr., moved that the Town vote to accept Hart Road, as laid Road in Chelmsford. Pending the possible traffic pro- out by the Board of Selectmen and shown by their reports blems due to the UPS facility opening on Brick Kiln Road access and plans duly filed in the office of the Town Clerk. the Towns agreed to the above taking to ward off onto Brick Kiln Road. The Finance Committee and Board of Selectmen recommend the article. Motion carried, unanimously. The Finance Committee and Board of Selectmen recommend the article. Motion carried, unanimously.

UNDER ARTICLE 30 Selectman John P. Emerson Jr., 32 P. Emerson moved that the Town vote to discontinue a portion of UNDER ARTICLE Selectman John Jr., of Russell Mill Road, as shown on a plan of land entitled, moved that the Town vote to authorize the Board "Easement as built Plan of Land in Chelmsford, Selectmen, for consideration to be determined, to convey Massachusetts, prepared by Vanasse/Hangen Engineer- and transfer all right, title and interest, if any, held by parcel of located at Fourth ing, Inc., dated February 6, 1986, hereinafter referred to the Town in a certain land 25 Avenue in Chelmsford and show as lots 62 and 63 on as the Plan, and I move that the Town vote to accept the portion of Russell Mill Road, as laid out by the Board of Assessors map 66. Selectmen and shown by their reports and said plan, duly Roger Clermont abuts the property explained that filed in the office of the Town Clerk, and I move that the who Town vote to authorize the Board of Selectmen, for con- he would like to extend his back yard, and by obtaining this so. Finance sideration to be determined, to convey and transfer, all land he would be able to do The Com- article. Selectmen right, title and interest, if any, held by the Town in the mittee recommend the The Board of above parcel of the land located on the discontinued por- recommended the article. The Moderator asked for a tion of Russell Mill Road, provided no abutter shall be voice vote, motion carried, unanimously. land locked as a result of said conveyance. 63

UNDER ARTICLE 33 Selectman John P. Emerson Jr., Selectman John P. Emerson Jr., moved to recess the ad- moved that the Town vote to authorize the Board of journed annual Town Meeting in order to conduct the Selectmen, for consideration to be determined to convey Special Town Meeting which was posted to begin at 8:00 and transfer all right, title, and interest, if any, held by PM. The Moderator asked for a voice vote, motion car- the Town in a certain parcel of land located at 9 Alcorn ried. Road, and being the premises taken by the Town of Chelmsford by an instrument of taking dated May 3, SPECIAL TOWN MEETING 1979 and recorded in Middlesex North District Registry of Deeds in Book 2364, Page 135, containing approx- May 12, 1986 imately 1.3 acres of land, more or less.

The Finance Committee wanted to hear from the abut- The Special Town Meeting was called to order at the ting land owner before making any recommendation. McCarthy Jr. High Gymnasium at 8:10 PM by the The Moderator asked for the land owner to come forward Moderator Dennis McHugh, who recognized the presence and explained the purpose for the request. The land of a quorum. There were 508 voters present. Selectman owner was not present. Elizabeth Marshall of the Finance John P. Emerson Jr., moved that the reading of the Con- stable's return of service the of the Committee, explained that it has been the policy of the and posting warrant be Finance Committee to only recommend selling any Town waived. It was so voted, unanimously. Selectman John P. owned land after hearing the intent of the buyer. If a Emerson Jr. , moved that the reading of the entire war- It buyer is not present to explain the purpose, then the rant be waived. was so voted, unanimously. Finance Committee automatically does not recommend the article. The Finance Committee did not recommend Chairman of the Conservation Commission, James the article. The Board of Selectmen did not recommend McBride, moved to take article 11 out of order, and to the article. The Moderator asked for a voice vote, motion place it first on the warrant of the Special. He explained defeated. that it would make a difference with article 2 if the Town

Meeting Body knew the result of article 1 1 . The UNDER ARTICLE 34 Attorney James Geary, Moderator asked for a voice vote, motion carried, representing the petitioner, explained the purpose of the unanimously. article. The land abutts the Scotty Hollow Con- dominiums, and if the present zoning of single residence UNDER ARTICLE 11 Selectman Roger Blomgren, in article. is changed to multiple residence then the land owners spoke favor of the Conservation Chairman, would be able to sell their land to the builder of the con- James McBride, moved to amend the article by deleting dominiums, Robert Hicks, who wants to expand his com- the sentence of "a fee of up to 2% on real estate transfer" plex. There was a question about the possibility of and substituting the following: funded by a fee of V£ % on methane gas being located on the land, but tests have real estate transfer, and further to place an exclusion on first of sale the provisions of said been taken and verify that the gas is not on the site. the $100,000. any under Chairman of the Planning Board, John F. McCarthy, petition. read the following recommendation: The Planning Board conducted a public hearing on March 26, 1986, The Finance Committee was in favor of the motion to of the of in and voted to recommend in favor of this article. The vote amend. A majority Board Selectmen were favor of the motion. Selectman Blomgren spoke against was 6-0. Although this article is not part of the master the motion. felt that the article should be voted on ex- plan, the rezoning is consistent with the intent of the He master plan. actly as it is, it is not necessary to amend this is just to petition the legislature at this time. Conservation Chair- The Finance Committee and the Board of Selectmen man, James McBride, felt that the legislature should recommend the article. The Moderator asked for a voice know the exact figure before they vote on it. A lengthy voters for vote, which left the chair in doubt. The following tellers discussion took place. A number of spoke and came forward and a hand count was taken: against the motion to amend. The Moderator asked if there was any need for further discussion, hearing none Jack Peters Jacob Sartz he asked for a voice vote on the motion to amend. Motion Norman LeBrecque Donald Elias carried. He then asked if there was any need for more Jean Horgan William Drury discussion on the main motion as amended, motion car- Ed Hilliard Jocelyn Anthony ried. The article reads as follows: John Warren Estelle Decker Harry Foster Selectman John P. Emerson Jr., moved that the Town vote to direct the Board of Selectmen to petition the great Hand count result Yes 155, No 175, motion defeated and General Court of the Commonwealth of Massachu- (see warrant for working of the article). setts to enact special legislation establishing a land bank program for the purchase of real estate interest for conservation or preservation of open space, wetlands, water resource areas, agricultural areas, wildlife areas or for active and passive recreation areas, and for the management of these and existing areas owned by the Town, 64

funded by a fee of V£ % on real estate transfer, and fur- as a result of any such taking, and further, I move that ther to place an exclusion on the first $100,000.00 of any the Town vote to, borrow, and the sum of eight hundred sale under the provisions of said petition, said land bank sixty-three thousand dollars ($863,000.00) and to to be administered by the Conservation Commission, said authorize the Selectmen to transfer and appropriate the bill, when approved by the legislature and signed into law sum of sixty-two thousand dollars ($62,000.00) from the by the Governor, to be approved in its final form by the Conservation Trust Fund, to defray all necessary costs, voters at an annual or special town meeting in order for it fees, and expenses in connection with the acquisition of to be implemented or at the State and/or Local elections said land and for paying any damages which may be in the form of a ballot question. awarded as the result of any such taking.

Chairman of the Conservation James McBride, moved UNDER ARTICLE 1 Chairman of the Conservation to take article 2 out of order, and place it next on the Commission James McBride, moved to dismiss the article. agenda. The Board of Selectmen and the Finance Com- He explained that by passing article 2 there is no need for mittee recommended the motion. The Moderator asked this article. The Finance Committee and the Board of for a voice vote, motion carried, unanimously. Selectmen are in favor of the motion to dismiss. The Moderator asked for a voice vote, motion carried, to UNDER ARTICLE 2 Conservation Chairman, James dismiss. McBride, spoke about the article. He explained the im- portance of obtaining open space in the Town. He show- UNDER ARTICLE 3 The Moderator explained that ed a brief slide show of the Cranberry Bog, showing the the consultants hired by Town to draft the Master Plan wildlife and surroundings. He also expressed the impor- were present at the Meeting and the Planning Board re- tance of having the bog because of our need for future quested permission from the Town Meeting Body to allow water. The present owner at one time did offer to sell the them to explain the different up coming articles. The bog to Chelmsford, and the town did not express any in- Moderator asked for a voice vote on the motion. Motion terest at the time. Now there is a possibility that a carried. Chairman of the Planning Board, John Mc- developer may obtain the land and build on it in both Carthy explained that two years ago the Town Meeting Chelmsford and Carlisle. Body voted to allow the Planning Board to hire a consul- tant firm to update the zoning by-law and map. The The Commission intends to apply under the self help Planning Board hired Weston & Sampson, and a Master program for an 80% grant. If funded through this pro- Plan Committee was formed and together the group gram, then the Town will receive back 80% reimburse- prepared the proposed changes. Tom Delia of Weston & ment. If the Town doesn't receive the grant, then we will Sampson explained the article. Chairman of the Plan- use the monies available from the land bank, to pay the ning Board John McCarthy moved to amend the article interest payment for a bond. The first year of payment by deleting subsection E in its entirety. Which would will come from the land acquisition account. allow the Board of Appeals to continue to grant variances. And to correct a Typo error under the Intensi- The Finance Committee recommended the article. ty of Use Schedule Exhibit "A" Minimum Lot Re- The Board of Selectmen supported the article. The quirements area should read 1000 sq. ft. not as presented Moderator asked for the need to hear further discussion with the wording 100 sq. ft. He then read the Planning on the article. Hearing none he asked for a voice vote, Boards recommendation: The Planning Board con- motion carried, unanimously. The article reads as ducted a Public Hearing on May 8, 1986 and voted to follows: recommend in favor of this article and unanimously voted to make the following amendments: (6-0) Article 3 Conservation Chairman James McBride, moved that Section 2 — by deleting subsection E in its entirety. Article the Town vote to authorize the Board of Selectmen, to ac- 3 26000 Intensity of Use Schedule by deleting 100 sq. ft. quire in fee simple, by purchase, by eminent domain, or from the minimum lot requirements and substituting otherwise, the property located in the Town of 1,000 sq. ft. in its place. Chelmsford and further described and shown on a plan The Finance Committee and Board of Selectmen were entitled, "Compiled Plan of land in the Town of in favor of the motion to amend. A discussion took place. Chelmsford" 1 ' prepared by, April 23, 1986, scale " = 100 The Moderator asked for a voice vote on the motion to by E. Pearson. James P.E. Chelmsford Town Engineer, delete section E, which left the chair in doubt the tellers copy of which is on file in the office of the Town Engineer came forward and a hand count was taken: Yes 218, No and is incorporated herewith, for the purpose of main- 66, motion carried. The Moderator asked for a voice vote taining conservation and open space, land within the on the motion to correct the Intensity of Use Schedule, Town of Chelmsford with said land being held, managed motion carried. The Finance Committee and the Board and controlled by the Conservation Commission for the of Selectmen both recommended the main motion as promotion and development of the land for the above amended. Selectman Emerson moved to amend section purposes, and further, I move that the Town vote to 2300 Use Regulations Institutional Uses — Cemetery — authorize the Conservation Commission to enter into a Delete the P under RMH District and insert O. The contractual self-help agreement with the office of En- Moderator asked for a voice vote on the motion to vironmental Affairs, to defray all necessary costs, fees, amend. Motion Carried, unanimously. Pauline Crowell and expenses in connection with the acquisition of said who owned land in a CD district and had made ar- land and for paying any damages which may be awarded rangements after two years of negotiating to put a fur- 65

niture store on her property which had been allowed action 1322, in its entirety, and substituting the

cording to the zoning by-laws. After reading the public following in its place:

hearing advertisement she finds that this is not going to be allowed in the CD district, and wanted an explanation 1322. To hear and decide appeals or petitions for as to when the change took place and why. She didn't feel variances from the terms of this By-Law with that this was fair and asked the Town Meeting Body to respect to particular land or structures. Such support her. Town Counsel James Harrington moved to variance shall be granted only in cases where the recess the meeting for ten minutes in order to research the Board of Appeals finds all of the following: answer to the change. The Moderator asked for a voice vote on the motion to recess. Motion carried, the meeting (a) A literal enforcement of the provisions of this recessed at 10:00 PM. At 10:10 PM the Moderator By-Law would involve a substantial hardship reconvened the meeting and Town Counsel gave an ex- to the petitioner or appellant. planation: The warrant as posted and the motion as writ-

ten reflected the correct information of "P(4)" under the (b) The hardship is owing to circumstances CD district, however, the Public hearing advertisement relating to the soil conditions, shape or was incorrect, and should not have "O" under the CD topography of such land or structures and district. Therefore Pauline Crowell will be allowed to especially affecting such land or structures proceed with her plans to appear before the Planning but not effecting generally the zoning district

Board and present the information required to allow a in which it is located. furniture store in the CD district. (c) Desirable relief may be granted without Chairman of the Planning Board read the Board's either: recommendation. The Planning Board conducted a public Hearing on May 8, 1986 and voted to recommend (1) substantial detriment to the public good; in favor of this article unanimously. or

(2) nullifying or substantially derogating The Moderator asked for a voice vote on the main mo- from the intent or purpose of this By- tion as amended, which left the chair in doubt, the tellers Law. came forward and a hand count was taken Yes 180, No 73, motion carried. (d) The Board shall determine the conformance of any application for a variance with the Article 3 in its entirety reads as follows: Master Plan and shall consider the effect of the variance on the future development of the Chairman of the Planning Board, John McCarthy, Town. moved that the Town vote to amend the Zoning By-Law of the Town of Chelmsford as follows: 3. Amend Article I — Administration and Procedure, by deleting subparagraph (b) of subsection 1424.

1. Amend Article I — Administration and Procedure, Application for Special Permit and Site Plan, in Section 1200 Administration, by adding the its entirety and substituting the following sub- following subsection 1250: paragraph (b) in its place:

1250. Application Procedure: Special Permits or (b) The contents of the site plan are as follows: Variances (1) Four separate plans prepared at a scale of An application to the Board of Appeals or Plan- one inch equals 20 feet or such other scale ning Board for a special permit or variance may as may be approved by the Planning be made by any person desiring such action by fil- Board. The four plans are as follows: ing with the appropriate Board the prescribed application which shall describe the request and (a) Site layout which shall contain the contain such information as may be required by boundaries of the lot(s) in the proposed

this By-Law and accompanied at the time of fil- development, proposed structures, ing by a plot plan drawn to scale showing the drives, parking, landscaping, screening, location of all lot and street lines, existing and fences, walls, walks, outdoor lighting, proposed structures, utilities, wells, sewage and loading facilities.

disposal systems of the property which is the subject of the appeal or application. All applications (b) Topography and Drainage Plan shall be accompanied by a plat map showing lot which shall contain the existing and pro- and street lines and approximate location of posed final topography at two foot inter- structures on premises adjacent to the property vals and plans for handling stormwater

which is the subject of the application. drainage.

Amend Article I — Administration and procedure, (c) Utility and Landscaping Plan which Section 1300 Board of Appeals, by deleting subsec- shall include all facilities for refuse and 66

sewerage disposal or storage of all wastes, RA—Residential A District These are single the location of all hydrants, fire alarm family residence districts which are adjacent to and fire fighting facilities on and adja- well sites or are environmentally sensitive because cent to the site, all proposed recreational of the water table and wetlands. These areas are facilities and open space areas, and all not slated for sewers anytime in the near future wetlands including flood plain areas. and need to be protected. These areas should not be intensively developed. (d) Architectural Plan which shall include the ground floor plan and architec- RB—Residential B District These are low densi- tural elevations of all proposed buildings. ty single family residential areas in which some utilities are lacking. These areas comprise a ma-

(2) A landscaping plan at the same scale as jor type of residential development in the Town. the site plan, showing the limits of work, existing tree lines, and all proposed land- RC—Residential C District These are medium scape features and improvements in- density general residence districts which serve as cluding planting areas with size and type transition zones within the Town. of stock for each shrub or tree. RM—Residential Multi-Family District These (3) An Isometric line drawing (projection) at are high density residential districts. the same scale as the site plan, showing the entire project and its relation to ex- CA—Neighborhood Commercial District These isting areas, building and roads for a are commercial districts for neighborhood areas. distance of feet from the project boundaries. CB—Roadside Commercial District These are general commercial districts which are high traf-

(4) A locus plan at a scale of one inch equals fic generators. Included are such uses as

100 feet (1 " equals 100 '), showing the en- automotive repair, open lot sales, wholesale

tire project and its relation to existing the business, storage and so on.

entire project and its relation to existing areas, buildings and roads for a distance CC—Shopping Center District These are com- of 1,000 feet from the project boundaries mercial districts designed to allow the clustering or such other distance as may be approv- of stores, offices and so on around a central park- ed or required by the Planning Board. ing area. These are high traffic generators usually located on major roads.

4. Amend Article I — Administration and Procedure, subsection 1424. Application for Special Permit CD—General Commercial District These are and Site Plan, by adding the following sub- primarily retail commercial offices, restaurants paragraph (i): and entertainment commercial uses excluding repair, open lot sales, wholesale and storage uses.

(i) Topography shall be prepared by using actual These uses are usually located along existing ma- elevations of the Town of Chelmsford's jor traffic throughfares. Topographic Maps, 1976. CX—Adult Entertainment Districts These are 5. Amend Article I — Administration and Procedure, commercial districts created for adult entertain- Section 1420 Site Plan Review, by adding the ment establishments and other permitted uses as following subsection: defined by this By-Law.

1428. Any easement, covenant or agreement that is re- IA— Limited Industrial District These are areas quired as a result of the site plan review shall be that are primarily used for research development, recorded in the Registry of Deeds. manufacturing and warehousing with the necessary office space. 6. Amend Article II — District Regulations, by deleting Section 2100. Establishment of District, districts in its entirety, and substituting the following in its IS—Special Industrial District These place. are open to all industrial uses but are suited for heavy industrial and storage. 2100. Establishment of Districts P—Public District These are lands owned or For the purpose of this By-Law, the Town of leased by federal, state or municipal governments Chelmsford is hereby divided into the following for governmental purposes. types of districts: OS—Open Space District These are privately owned lands dedicated to recreational uses. 67

RMH— Residential Mobile Home District (c) boundary lines located outside of street lines These are districts created in accordance with the and shown approximately parallel thereto provisions of this ordinance. shall be regarded as parallel to such street lines, and dimensions shown in figures places 7. Amend Article II — District Regulations, Section upon said map between such boundary lines 2100. Establishment of District, by adding the and street lines are the distance in feet of such following subsections 2110. Official Zoning Map, boundary lines from such a street lines; such and, 2120. Rules for Interpretation of Zoning distances being measured at right angles to District Boundaries: such street lines unless otherwise indicated.

(d) in all cases which are not covered by other

21 10. Official Zoning Map. The Town is hereby divid- provisions of this section, the location of ed into Zoning "Districts also referred to as Zones boundary lines shall be determined by the as shown on the Official Zoning Map, which distance in feet, in given, from other lines together with all explanatory material, thereon, upon said map, by the use of identifications as

is hereby adopted by reference and declared to be shown on the map, or by the scale of the map. part of this By-law. The Official Zoning Map shall be identified by the signature of the Chair- (e) where the district boundary lines follows a man of the Board of Selectmen, and attested by stream, lake or other body of water, said the Town Clerk bearing the Seal of the Town. boundary line shall be constructed to be at

The Official Zoning Map is included as originally the thread or channel of the stream; or at the dated May, 1963 and as most recently amended. limit of the jurisdiction of the Town of Chelmsford, unless otherwise indicated.

2120. Rules for Interpretation of Zoning District (f) where a district boundary line divides any lot

Boundaries. Where uncertainties exist as to the existing at the time such line is adopted, the boundaries of districts as shown on the official regulations of any district in which the lot has zoning maps the following shall apply: frontage on a street may be extended by special permit from the Board of Appeals not (a) where the boundary lines as shown upon said more than thirty feet into the other district. map as approximately following the street

lines of public and private ways or railways, (g) where physical or cultural features existing on the centerlines of such ways shall be the boun- the ground are at variance with those shown dary lines. on the official map, or in other circumstances not covered by the above subsections, the (b) where the boundary lines are shown approx- Board of Appeals shall interpret the district imately on the location of property lot lines, boundaries. and the exact location of property, lot or

boundary lines is not indicated by means of Amend II — District Regulations, by deleting Sec- dimensions shown in figures, then the proper- tion 2300 Use Regulations Schedule, in its entirety or lot lines shall be the boundary lines. ty, and substituting the following in its place: 68

2300 USE REGULATIONS

Business Uses See Sec. 4500 for Major Business Comple Retail scores and services not elsewhere listed P(l) P(4) P(4) P(4) Motor Vehicle Sales Motor Vehicle Rental Motor Vehicle General Repair P(4) Motor Vehicle Light Service (2) P(4) Motor Vehicle Parts (No Services) Motor Vehicle Body Repair P(4) Restaurant P(4) P(4) P(4) O Fast Food Establishment Business, Professional Offices Medical Center, Clinic Bank, Financial Agency P(4) P(4) Indoor Commercial Recreation P(4) P(4) Outdoor Commercial Recreation Fairs, Carnivals, Similar Events (See Section 4300) Animal Clinic or Hospital Animal Kennel Funeral Home Nursing or Convalescent Home Adult Entertainment Establishment (See Section 4600) Motel or Hotel

Industrial Uses See Sec. 4500 for Major Business Comlexes Earth Removal (See Sec. 4200) Light Industry Pedestrian and Vehicular acce and Egress by Private Way

to and from uses permitted an IA District ( Warehouses and Open Storage Junk Yard Contractor's Yard Granite Operations Public Utility or Public Works Storage Yard or Repair Shop Research, Experimental and Testing Lab Solid Waste Disposal Facility Sanitary Landfill Refuse Incinerator Transport Terminal

Institutional Uses See Sec. 4500 for Majo nplexes Religious Purposes Educational Purposes Exempt by Statute Other Nursery Schools Other Schools Cemetery Municipal Building Except Garages. Storage or Repair Shops Hospital Other Public or Semi-Public Institution of a Historic, Philanthropic, or Charitable Character

Recreational Uses Club or Lodge Riding Academy or Publi< Boathouse, Private Boathouse, Public Golf Course Campground

Residential Uses Single-family Dwelling Two-Family Dwelling Multi-Family Dwelling

Conversion of Dwellings (si Boarding House Mobile Home P(6) O Cluster Development

Rural Uses Farm, 5 acres o more

Farm, under 5 ; cres (3) Wood Operatioi

Other Principal Uses Airport 69

Accessory Uses See Sec. 4500 for Major Business Comple Family Day Care Home Business Daycare Home Occupation (See Sec. 4110) Mobile Home Storage Roadside Stand Barn Sale, Garage Sale, Yard Sale, Flea Market (see Sec. 4130) Scientific Uses (see Sec. 4140) Retail sale of goods, the majority of which are produced or undergo major processing on the premises BA(7) BAS(7) O Adult Entertainment Establishment (see Sec. 4600) Temporary Structure Parking Garage O o o o

NOTES FOR USE REGULATIONS SCHEDULE:

No structure shall exceed 3,000 sq. ft. gross floor area. Provided there are no structures, pumps, or fuel storage tanks within 50 feet of a residential district. Provided that there are neither hogs nor fur-bearing animals.

Except "BA" if resulting in more than 10,000 sq. ft. gross floor area devoted to b i on the pr<

Maximum seating capacity shall be 30 and no alcoholic beverages shall be sold 1 on the pr< Intensity of use shall be limited to permit a maximum of 7 units per acre and of 254 units per RMH Dis Retail outlet not to exceed 1,000 sq. ft. or 10% of the EG. A., whichever is less. No roadside stands permitted in Historic District(s).

KEY: A permitted use. An excluded or prohibited use.

A use authorized under Special Permit for exception from the Board of Appeals as provided for i Section 1500.

A use authorized under a Special Permit for exception from the Planning Board as provided for : 1500.

(1) EXHIBIT A

2600. Intensity of Use Schedule

RM IS ex ,imum Lot Requirements

rea{1000sq. ft.) (g) 40(a) 40(b) 40 Width (feet) 200 Depth (feet) 200 Frontage (feet) 200

Yard Requ Front (feet) (c) 20 60 60 20 40(f) 40(f) Side (feet) 25(d) 10(e) 30(e) 30(e) 10(e) 40(f) 40(f) 30(e) 10(e) Rear (feet) 30(d) 10(e) 20(e) 30(e) 10(e) 30(f) 30(f)

Maximum Building Coverage (percent) Height (feet)

linimum % of Lot Area Landscaped Open Spac 10 10 10 10 10 10(h) 10(h) 10 1(1 Located in Front Yard

Footnotes to Intensity of Use Schedule

a. For multi-family dwellings, not less than 80,000 square feet or 6,000 square feet per dwelling unit, whichever is greater. b. For Solid Waste Disposal Facility, Sanitary Landfill, Refuse Incinerator or Granite Operations, the minimum shall be 10 acres.

c. Corner lots shall maintain front yard requirements for each street frontage. d. Increase by 20 feet where abutting an RA or RB District. At least 20 feet of any or all such yards abutting an RA or RB District shall be landscaped open space or natural screening subject to Section 3423 of this Bylaw.

by 20 feet whe butting a residential district. Required side and rear yards abutting any residential district shall be landscaped open space and screened subject to Section 3423.

i. Municipal waste water pumping stations for any sewer system with the Town of Chelmsford shall not be subject to lot, yard, or coverage requirement. 70

9. Amend Article II — District Regulations, Section crease the actual or potential number of building 2400. Nonconforming Uses, by deleting subsec- lots. tion 2440. Restoration, in its entirety, and substituting the following in its place. 12. Amend Article II — District Regulations, Section 2500. Intensity of Use Regulations, by deleting 2440. Restoration or Rehabilitation. No non- subsection 2540. Accessory Buildings, in its entire-

conforming structure, other than a single or two- ty and substituting the following in its place. family dwelling, damaged by fire, storm or other accidental causes to the extent of more than 2540. Accessory Buildings. No accessory building or seventy-five percent of its replacement value or to structure except a permitted sign or roadside the extent of being dismantled more than stand, shall be located within a required front seventy-five percent for rehabilitation purposes yard area. A detached accessory building may be shall be repaired or rehabilitated except in con- located in the rear yard areas and on the same lot formity with this By-Law, and provided further as a principal building, provided that not more that such restoring shall be completed within two than twenty-five percent of the required yard years after such catastrophe. area shall be so occupied, and further provided that an accessory building shall not be located 10. Amend Article II — District Regulations, Section nearer than ten feet from the principal building 2500 Intensity of Use Regulations, by deleting and at least ten feet from any side or rear lot line. subsection 2520. Lot change in its entirety and An accessory building attached to its principal

substituting the following in its place. building or within ten feet of it shall be considered an integral part thereof and as such shall 2520. Lot Change. No lot shall be created, nor shall an be subject to the front, side, and rear yard re- existing lot be changed in size or shape except quirements applicable to the principal building. through a public land taking or donation for road widening, drainage, utility improvements or 13. Amend Article II — District Regulation, Section except where otherwise permitted herein, so as to 2500. Intensity of Use Regulations, by deleting increase the degree of non-conformity that subsection 2550. Erection of more than one prin- presently exists. cipal building on a lot, in its entirety and

substituting the following in its place. 11. Amend Article II — District Regulations, Section 2500. Intensity of Use Regulations, by deleting 2550. Erection of More Than One Principal subsection 2530. Isolated Lots, in its entirety and Building on a Lot. No more than one principal substituting the following in its place. residential building shall be permitted on a lot except in the case of motels, hotels, mobile home 2530. Isolated Lots. Any increase in lot areas, width, parks and multi-family structures which shall be depth, frontage, yard or coverage requirements reviewed by the Planning Board in accordance of this By-Law shall not apply to erection, exten- with Section 1420—(Replace) Site Plan Review. sion, alteration, or moving of a structure on a In any commercial or industrial district, more legally created lot not meeting current re- than one principal building or structure may be quirements provided that the applicant erected or moved onto a lot provided that area, documents that, frontage, lot coverage and yard requirements can be met as though each structure were located on (a) At the time such increased lot requirements an individual lot, and provided that the plans

became applicable to it, the lot: therefore are reviewed by the Planning Board in accordance with Section 1420. (1) had at least 5,000 sq. ft. of lot area and 50 feet of frontage on a street; and 14. Amend Article II — District Regulations, by deleting Section 2600. Intensity of Use Schedule (2) was held in ownership separate from all in its entirety and substituting the following in its other lots having frontage within 1,000 place: feet; and See Exhibit "A" attached hereto and incorporated (3) conformed to then existing dimensional herewith requirements; and 15. Amend Article II — District Regulations Section (b) the lot is to be used for single-family or non- 2740. District Use Regulations by deleting subsec- residential use. tion 2742. being the third subsection of Section 2740. District Use Regulations in its entirety, and Such non conforming lots may be changed in size or substituting the following in its place: shape or their land area recombined without losing this exemption, so long as the change does not in- 71

2742a. In the floodway, designated on the Chelmsford STALL AND AISLE DIMENSIONS Flood Plain and Floodway District Map, the following provisions shall apply: Angle X

16.9 11.0 26.4 17. .8 16.5 19.4 13.5 32.9 12. .4 13.4 1. All encroachments including fill, new con- 20.7 18.5 37.2 9. .8 9.5 struction, substantial improvements to ex- 20.8 19.5 38.6 9. .4 6.5 isting structures, and other development are 20.2 24.0 38.9 8. .8 3.3 prohibited unless certification by a registered 19.0 27.0 38.0 8. .0 0.0

professional engineer is provided by the applicant demonstrating that such encroachment (b) If a property owner can demonstrate to the shall not result in any increase in flood levels satisfaction of the Builder during the occurrence of the 100-year flood. Planning Board/ Inspector that the required number of spaces will not be needed for the purposed use, the 2. Any encroachment meeting the above stan- Planning Board may waive some of the re- dard shall comply with the floodplain required spaces the condition that the area quirements of the State Building Code. on necessary for those spaces is available on the

lot. If, anytime after the property is in use, 3. If a property owner questions the location of a the Building Inspector determines that a need Flood Plain or Floodway District, the owner exists for the additional spaces, the Building may engage at his own cost a Registered Inspector may require that these spaces be ad- Licensed Surveyor with the approval of the ded. Town Engineer to determine if the land in

question is within the Flood Plan or Floodway 3122. Handicapped Parking Areas. Article VI Police District. The Town may charge the lan- Regulations of the Town of Chelmsford General downer for all or part of the cost for this By-Laws, entitled Section 20 Prohibition on determination. unauthorized Parking in Designated Han- dicapped Parking Spaces in Private or Public 16. Amend Article III — General Regulations, Section Ways, is incorporated herein. 3100. Off Street Parking and Loading, subsection 3120. Number of spaces, by deleting the first 18. Amend Article III — General Regulations, Section paragraph in its entirety and substituting the 3100. Off Street Parking and Loading, by following in its place. deleting subsection 3141. in its entirety, and adding

the following subsection in its place. 3120. Number of Spaces. For the purpose of computing the parking requirements of different 3141. No off street parking area shall be located within uses, the number of spaces required shall be the 20 feet of a street right of way, or in any required largest whole number obtained after increasing yard adjacent to a residential or institutional use. all fractions upwards to one. Employees shall include the largest number of owners, managers, 19. Amend Article III — General Regulations, Section full and part-time workers and volunteers that 3100. Off Street Parking and Loading, by adding may be normally expected on the premises during the following subsection. any single shift or portion thereof. The number of seats in benches, pews, or other continuous 3146. Parking Garages. An application for a special seating arrangements shall be calculated at 20 in- permit for a parking garage shall require the sub- ches for each seat. Parking spaces shall be no less mission of a site plan in conformance with Sec- than 8.5 feet in width and 19 feet in length. The tion 1420. Site Plan Review. No parking garage following minimum parking requirements shall shall exceed three stories in height (35 feet), and apply to uses as listed below: when taken in consideration with the principal structure, shall not exceed the lot coverage for 17. Amend Article III — General Regulations, Section the applicable zoning district. 3100. Off Street Parking and Loading, by adding the following subsection 3121. Size of Parking 20. Amend Article III — General Regulations, subsec- Area and 3122. Handicapped Parking Areas. tion 3351. Overspill, by adding the following subparagraph (e) 3121. Size of Parking Area.

3351. (e) Exterior lighting fixtures other than signs are (a) The area of the parking lot shall be deter- mounted not more than 20 feet high. mined by the following table.

21. Amend Article III — General Regulations, Section' 3400. Grading and Screening, by deleting subsec-

tion 3423. in its entirety and substituting the follow-

ing in its place. 72

3423. Screening in this context shall mean any of the crease in traffic above the present level of services following items: at any point within one mile of the premises, the engineer shall prepare alternative techniques to (a) an area 10 feet wide or wider when specified, maintain the same level of service. densely planted and maintained with a dou- ble row of compact evergreen trees 6 feet or 4543. Design of storm sewers, retention basins and more in height when planted; the area be- general site plan design shall be based on a ten- tween the ground and a point 6 feet above the year frequency storm. Design of culverts shall be ground shall be maintained as the trees based on a twenty-five year frequency storm. mature to insure a dense screening; Consideration shall be given to damage avoidance for a 100-year storm. There shall be no net (b) a wall 6 feet high; increase of runoff above current flows, and the design capacity of receiving structures or the

(c) a fence, 6 feet high, 50 percent opaque; channel capacity of receiving streams shall not be exceeded. (d) an earthen berm at least 42 inches in height, with a fence or vegetation to reach 6 feet in 24. Amend Article IV — Special Regulations by adding height; the following subsections, 4450. Density Bonus, and 4451: (e) an equivalent visual screening by building placement, natural vegetation or difference 4450. Density Bonus. For every one unit in ten set aside in elevation between potential viewers and the for low and moderate income persons and screened areas. Where necessary, lower families in a multifamily housing project, the ap- elements shall be used for egress visibility. plicant may apply and the Planning Board may grant a bonus of one additional unit. 22. Amend Article IV — Special Regulation, by deleting subsection 4160. Animals Accessory to To apply the applicant shall demonstrate to the Dwellings, and substituting the following in its Planning Board that: place: (a) The rent required for the unit set aside shall 4160. Animals Accessory to Dwelling. Cattle, horses, meet the affordable rents established by the sheep, hogs, goats, gamebirds, or similar live- Department of Housing and Urban Develop- stock may be maintained accessory to a dwelling ment for the Chelmsford area; and only on a lot having an area of not less than 40,000 square feet plus 15,000 square feet per (b) The unit set aside shall be made available to large animal (25 pounds or heavier at maturity) low and moderate income persons and in excess of one or per ten smaller animals in ex- families for a period of no less than ten years; cess of the first ten. Such animals and their wastes and shall be contained at least 50 feet from any abutting lot line of a residentially used lot, and at least (c) The low and moderate income level shall be 50 feet from any year-round surface water body. as defined by the Department of Housing and Urban Development for the Chelmsford area. 23. Amend Article IV — Special Regulations, by deleting subsections 4542 and 4543 in their entirety and 4451. The applicant shall work with the Housing substitute the following subsections 4542. and Authority to rent units to eligible persons and 4543., in their place. families.

4542. As part of the site plan review process, the appli- 25. Amend Article V — Definitions by deleting the

cant shall submit, at his cost, a report by a li- definitions of farm, fast food restaurant, motel or censed engineer on the impact of traffic from the hotel, outdoors commercial recreation, tem- proposed development on the existing conditions. porary structure, and warehouse, and open This report shall contain: an analysis of the pre- storage in their entirety, and substitute the follow- sent situation, the potential traffic resulting from ing in their respective places. the development, the impact of new traffic resulting from the development, the impact of new Farm: Any parcel of land which is used for gain in traffic on the existing road conditions and the raising of agricultural products, livestock, capacities. Capacity of the road(s) affected by the poultry, dairy products and game foul. It includes proposed development shall be determined by us- necessary farm structures within the prescribed ing the definitions and methods of estimation as limits of the storage of equipment used. It excludes outlined by the Highway Research Board the raising of fur bearing animals, hogs, riding Highway Capacity Manual, 1965 or later edi- academies, livery or boarding stables and dog ken- tions. If the study shows that there will be an in- nels. 73

Fast Food Restaurant: An establishment whose Kennel: An establishment in which more than

principal business is the sale of pre-prepared or three dogs or domesticated animals are housed, rapidly prepared food directly to the customer in a groomed, bred, boarded, trained or sold located on ready to consume state for consumption either at least five (5) acres of land. within the restaurant building or off premises and usually requires ordering food at a counter. Motor Vehicle Body Repair: An establishment, garage or work area enclosed within a building Motel or Hotel: A building or group of buildings where repairs are made or caused to be made to providing accommodation for compensation on a motor vehicle bodies, including fenders, bumpers transient basis, but not meeting the definition of and similar components of motor vehicle bodies, "Boarding House". Accommodations individually but does not include the storage vehicles for the having a stove and either or both a refrigerator and cannibalization of parts. sink shall be considered dwelling units. Open Lot Storage: Outdoor storage of bulk goods Outdoor Commercial Recreation: Drive-in and products for distribution but not for sale on the theater, golf driving range, miniature golf, race premises. track, amusement park, professional sports stadium, or similar commercial recreation con- Parking Garage: A structure which is accessory to ducted in whole or in part outdoors. a commercial or industrial establishment and is primarily for the parking and storage of vehicles Temporary Structure: A structure without any operated by the customers, visitors and employees foundation or footings to be removed within a 12 of such an establishment. month time period. Said structure shall conform to the requirements of the Intensity Schedule of Sec- Recharge Area: An area of geologic deposits tion 2600 and shall receive a permit from the through which water from the surface can infiltrate Building Inspector. through the soil to the groundwater. These geologic deposits generally consist of stratified sand and gravels. Transport Terminal: Terminal facilities for handling freight with or without maintenance facilities. Refuse Incinerator: An engineered apparatus with grate area in excess of ten square feet used to burn

Warehouse: A building used primarily for the waste and in which all combustion factors, storage of goods and materials, for distribution, but temperature, retention time, turbulence and com- not for sale on the premises. bustion can be controlled which is approved by the Massachusetts Department of Public Health and 26. Amend Article V — Definitions by adding the the Chelmsford Board of Health. following definitions: Salvage Yard: Property where motor vehicles are Animal Clinic or Hospital: A place where animals junked dismantled or stored for later dismantling or pets are given medical or surgical treatment and or distribution.

the boarding of animals is limited to short term Landfill: site for solid care incidental to the clinic or hospital use. Sanitary A waste disposal approved by the Massachusetts Department of Public Boarding House: A dwelling or part thereof in Health and the Chelmsford Board of Health. Disposal of raw sewage and similar waste which lodging is provided by the owner or operator items are not permitted. to more than four boarders. Where four or more

unrelated individuals rent a dwelling, it shall be considered a boarding house. Solid Waste Disposal Facility: Refuse transfer station, composing plant, solid waste recycling opera- Business Daycare: An accessory school operated on tion and any other works or use approved by the a regular basis designed to provide daytime care or Massachusetts Department of Public Health and instruction of children five years of age and under. the Board of Health of the Town of Chelmsford for processing, handling, treating, and disposing of This service is limited to the employees of the firm solid or liquid waste materials, including garbage, sponsoring it, or the employees working in the rubbish, junk, discarded bulk items, and sludges structure where the business day care is located. but not raw sewage, and similar waste items.

Hazardous Material: Any substance which is listed Materials: in, but not limited to, the EPA Priority Pollutants Toxic A combination of pollutants including as described in Section 307 (a) of the Clean Water disease carrying agents, which after Act, as amended. discharge and upon exposure, ingestion, inhalation, and assimilation into any organism can cause Impervious: Any area impenetrable by surface death, disease, mutations, deficiencies, or malfunc- water. tions in such organisms or their offspring. 74

UNDER ARTICLE 4 Planning Board Chairman, John ing District(s) in which the tract lies if McCarthy, moved that the Town vote to amend the developed in the conventional manner. Chelmsford Zoning By-Law by deleting the present Zon- ing Map and substituting the redrafted Map proposed by 4712. Land Unsuitable for Development the Planning Board, as filed with the Town Clerk, entitled future land use/proposed zoning Map, Weston and A. Eighty (80) percent of the wetlands as defined Sampson Engineers, Inc., April 23, 1986 and displayed at in Chapter 131, Section 40A of the the Town Meeting. Massachusetts General Laws as amended.

John McCarthy then read the Planning Board's recom- B. Eighty (80) percent of the land located within mendation: The Planning Board conducted a Public a flood plain. Hearing on May 8, 1986 and voted to recommend in favor of this article. The vote 6-0. The Finance Commit- C. Eighty (80) percent of the land unable to tee and the Board of Selectmen recommend the article. receive septic system approval by the Board of Motion Carried, unanimously. Health.

UNDER ARTICLE 5 Chairman of the Planning 4713. Restriction on Location of Structures. If any Board, John McCarthy, moved that the Town vote to part of a dwelling or accessory building in an amend the zoning by-law of the Town of Chelmsford by RCD is proposed to be located within 100 feet of adding the following Section 4700 Residential Cluster the perimeter of such Development, such build- Development: ing^) shall be located so as to comply with the minimum yard dimensions for principal and ac- 4700. Residential Cluster Development cessory buildings for the applicable zoning district. 4700. Intent. Residential Cluster Developments, hereinafter known as RCD, may be allowed by 4714. Minimum Lot Area. special permit by the Planning Board for the pur-

pose of providing attractive, convenient, efficient A. Minimum lot area: 20,000 sq. ft.

neighborhoods and to promote the conservation Frontage: 50 ft. of open space and the efficient use of land in har- Side Yard: 12ft.

mony with its natural features. Front Yard: 20 ft.

Rear Yard: 20 ft. 4710. Minimum Size of Development. The tract of land proposed for an RCD shall contain 10 acres 4720. Subdivision Approval Required. No part of the or shall have the minimal capacity for ten (10) construction of an RCD shall begin until the plan dwelling units computed in accordance with this of such Development has been granted final ap-

ordinance, whichever is greater. These proposals proval by the Planning Board in accordance with shall be permitted only within a subdivision as the Subdivision Regulations. The developer shall defined in Chapter 41 of the Massachusetts submit with the request for an RCD an alternate General Laws. plan(s) for developing the site as a conventional subdivision at the presubmission review and preliminary plan stages of the Subdivision process 4711. Maximum Number of Dwelling Units in a which shall adhere to all subdivision require- RCD. The maximum number dwelling units in ments. The Planning Board may establish addi- an RCD shall not exceed the number computed tional rules and regulations to govern the RCD as follows: and the filing of additional material or information. A. Land unsuitable for development, as herein defined, shall first be deducted from the tract 4730. General Requirements proposed for development.

A. RCD's are permitted only in Residential B. The remaining land in the tract shall be Districts. The Planning Board shall not ap- divided by the minimum lot size for the approve a cluster development in an established plicable zoning district. single family neighborhood where in their determination, such land use will be inconsis- Proposed tract of land - Unsuitable land = tent with or will have a detrimental effect Maximum number of upon the surrounding property. If the Plan- Minimum Lot Size dwelling ning Board denies an RCD based on this sec- units tion they shall identify this as the reason for denial. C. In no case shall the number of dwelling units permitted in the RCD exceed the number of B. The minimum frontage of the parcel for which would have been permitted in the Zon- development proposals shall be at least fifty .

feet in all residential districts. Additional B. At least one-half of the open space (or 12.5 frontage may be required if more than one percent of the total land area) shall be usable

access road is deemed necessary by the Plan- for active recreation. ning Board. C. Provisions shall be made to ensure that no C. All streets in an RCD shall be improved in ac- more than 20 percent of the open space (5 cordance with the requirements and specifi- percent of the total area) shall be devoted to cations of the Subdivision Regulations. paved areas and structures devoted to recrea- Driveways and other paved areas intended to tional uses or uses accessory to permitted uses. remain in private ownership shall be approved as to design and construction stan- D. Use of the open space as permitted in dards by the Planning Board. paragraph (H) shall be subject to site plan review by the Planning Board. All structural D. A written agreement or contract to be ex- improvements shall be a part of the final sub- ecuted between the developer and the Town mission plans approved by the Board, or may of Chelsmford shall be submitted at the final be included by amendment at any time prior stage of the Subdivision review stating: to the conveyance of the first lot. Following the conveyance of at least 75 percent of the 1. That the owner or developer will con- lots; such improvements may be permitted by struct the development and install im- the Board with the written concurrence of at provements both public and private in least two-thirds (%) of the homeowner asso- accordance with the approved plan. A ciation membership. No structure on the bond shall be posted to guarantee com- open space may be located within fifty (50 ') pletion. feet of residential property abutting the RCD.

2 That in the event of failure of the owners, E. Strips of open space shall be permitted only as successors, or assigns to maintain any usable access paths between residences, common open space, recreation areas, streets, other open space areas, as drainage landscaping features or other required areas, and as buffers. improvements the Town may enter said development and perform such necessary F. Access areas to the open space shall be clearly maintenance work and charge the cost, marked with appropriate materials to including attorney fees to the owner, suc- distinguish open space area from private pro- cessor, or assigns. perty.

3. That this contract shall be binding upon G. Open space may be in one or more parcels, the heirs, assigns, successors or receivers the size, location, shape and character of of the development and shall constitute a which must be suitable for the designated lien on the property in the development. uses.

4. Any other conditions required by the H. Open space may be used for active recreation, Planning Commission. passive recreation, conservation, forestry, agriculture, natural buffers, open space, E. A site plan, in addition to the final Subdivi- structures accessory to approved uses in-

sion Plan, shall be recorded after the RCD is cluding septic systems and package sewage approved. As a minimum this site plan shall treatment facilities. No open space area shall show the whole development indicating lots, be used for the disposal of stumps, stones or

roads, easements, open space, phases for other fill resulting from the construction of development, any recreational uses or the improvements of the RCD. buildings to be constructed in the open space

and any ponds, streams or wetlands. This I. Land which has been environmentally plan shall be approved by the Planning Board damaged prior to final approval of the before it is recorded. development by the Planning Board as a result of soil and earth removal operations, 4740. Open Space harvesting of trees or other natural features or refuse disposal or other causes shall not be ac- A. No less than 25 percent of the total land area cepted as common open space unless and un-

of an RCD, shall be open space. This land til the land is restored to a condition which shall not include building lots, street rights- the Planning Board determines to be reason- of-way, or facilities or land which is able and appropriate to effectuate the pur- designated by Section 4712 as being un- pose of this Article. The Planning Board may suitable for development. grant final approval for an RCD subject to 76

such restoration of the common open space shall continue in effect so as to control the provided an appropriate performance bond is availability of the facilities and land thereby posted. provided, to maintain the land and facilities for their intended function, and to protect the 4750. Ownership of Common Open Space development from additional and unplanned densities of use. Such organization shall not A. The required open space shall be owned in be dissolved without the prior approval of the common by all the landowners in the plat. Planning Board, nor shall such organization The deed to each lot shall include a fractional dispose of any common open space, by sale or interest in the common open space in an otherwise, except to an organization con- amount proportionate to the number of lots ceived and organized to own and/or maintain in the plat. The deed shall also include any the common open space and approved by the covenants, restrictions, or easements atached Planning Board. to the RCD, each lot, or the common open space and any homeowners' association E. The Homeowners' Association shall be agreements pertaining thereto. responsible for guaranteeing that no land in common open space shall be used or dis- B. Open space shall be protected against turbed in any manner inconsistent with the building development and environmental uses and intent of this Article. damage by conveying to the Town a conservation restriction pursuant to Massachusetts F. In the event the Association fails to maintain General Laws, Chapter 84, Section 31-33 any common open space, recreation area, which shall be enforceable by the Conserva- landscaping area, or other improvements, in- tion Commission. cluding private roadways, drainage systems and so on, the Town of Chelmsford may enter 4760. Maintenance of Open Space—Homeowners' into said development and perform the Association necessary maintenance work and charge the cost, including attorney fees to the associa- A. The applicant or developer shall provide for tion. and establish a Homeowners' Association as a non-profit organization or other legal entity G. Notwithstanding any provision of the under the laws of Massachusetts for the use, covenants establishing a Homeowners' Associ- care and maintenance of all such lands and ation, ultimate legal liability and respons- improvements. Membership in the association ibility for the use and maintenance of the shall be mandatory for all landowners within common open space shall rest with the in- the RCD, and each lot shall be entitled to dividual lot owners, and any legal notices con- equal representation. The association shall be cerning the common open space which are formed prior to conveyance of the first lot. sent by the Town may be directed to the in- The assessment of dues and/or fees for struc- dividual lot owners or the Homeowners' tural improvements requires the affirmative Association. vote of no less than two- thirds (%) of the homeowner association membership. 4770. Homeowners' Association

A. Before an applicant or developer can B. Such organization shall be created by establish a non-profit organization as re- covenants and restrictions running with the quired in Section 4760 in addition to all other land and shall be composed of all persons required recommendations, the following having ownership within the development. documents shall be submitted to and ap- Such organizations shall be responsible for the proved by the Planning Board: perpetuation, maintenance and function of all common lands, uses and facilities. 1. The articles of association or other documentation for the C. All lands and improvements shall be de- organizational non-profit organization; scribed and identified as to location, size, use and control in a restrictive covenant, and the non-profit organiza- such covenant shall set forth the method of 2. The by-laws of list officers and their terms assessment for the maintenance of such land. tion and a of These restrictive covenants shall be written so of office; as to run with the land. These covenants shall restrictions related to become part of the deed to each lot or parcel 3. The covenants or within the development. the use of common property, including the system and amounts of assessments D. Such restrictive covenant and organization for perpetuation and maintenance; 77

4. A document granting the rights of entry B. A description of any existing easement, upon such common property to Town of- covenants, or restrictions affecting land ficials, law enforcement officers, rescue within the development and an instrument personnel and fire fighting personnel conveying any easements required as condi- while in pursuit of their duties; tion of approval to the Town. Such easements

shall include that which is required by Section 5. A time schedule for the maintenance of 4750. Item B. major facilities, including streets not accepted into the town highway system, C. The following disclosure shall be required: private street signs and sidewalks, park-

ing area improvements, buildings, pools 1 . Prior to approval by the Planning Board, and other common areas; the developer must file and have approval by the Planning Board a sample Purchase 6. A copy of the Deed of Conveyance and and Sale Agreement which shall be used Title of Certificate, where applicable, for for the purchase of individual lots and all lands proposed to be conveyed to the dwellings. Said Agreement shall include Town or other appropriate governmental in conspicuous type the following; agency;

that the property is part of an RCD sub- 7. A plan of the transfer of control of the ject to the Zoning Bylaw and the Subdivi- common open space from the developer sion Regulations of the Town of to the Homeowners' Association; Chelmsford; that the purchaser and subsequent owners of the property are 8. A copy of any management policies or subject to the requirements therein con- proposed management policies for the tained; that the purchaser shall be re- whole development or common open quired to be a member of a Homeowners' space. Association, shall be subject to rules and regulations of said Association and shall B. Each original purchaser of a lot in the be liable for any applicable assessment Residential Cluster Development (RCD) must made by or against said Association and be given by the developer a copy of all that the ultimate liability for the open documents outlined in the above paragraph. space falls on the individual lot owner. The Purchase and Sale Agreement shall C. The Planning Board may require the further contain a statement by the seller developer to submit a fiscal program for a that the purchaser has been provided maximum of ten (10) years, including ade- with a copy of the documents as required quate reserve funds for the maintenance and in Section 4770 and a prospectus which care of all lands, streets, facilities, and uses shall be a summarization in layman's under the purview of the Homeowners' language of the information contained in organization. the other documents;

D. The documents set forth above shall be Planning Board Chairman, John McCarthy, read the reviewed and approved by the Planning Planning Board's recommendation: Board, and such approval shall be obtained

before the final plat is approved. articles The The Planning Board conducted a public hearing on of association or other organizational May 8, 1986, and voted to recommend in favor of this ar- documentation shall be filed with the ap- ticle. The vote was 6-0. propriate state agency prior to obtaining final approval by the Planning Board. Such A question was asked concerning cluster zoning. Tom documents, once approved, shall recorded be Delia of Weston and Sampson explained the zoning. The in the Registry of Deeds. Board of Selectman and Finance Committee recommended the article. The Moderator asked for a voice 4780. Required Certificates or Documents. In addi- vote, which left the Chair in doubt. The tellers came for- tion to the requirements of Section the 4770, ward and a hand count was taken: Yes 176, No 37 a %'s following certificates or documents shall be sub- vote required of 142, motion carried. mitted in accordance with the Subdivision Regulations. UNDER ARTICLE 6 Planning Board Chairman, John McCarthy, moved that the Town vote to amend the zon- A. Copies of any proposed management policies ing by-law of the Town of Chelmsford by adding the and existing or proposed restrictions or deed following section 4800. Aquifer Protection District. covenants running with the land in the development. 4800. Aquifer Protection District 78

4810. Purpose. The purpose of an Aquifer Protection B. Any residential use with a lot size less than the District, hereinafter known as APD, is to protect intensity use schedule requires for that par- the public drinking water supply and the public ticular residential zone. health by preventing the contamination of Chelmsford's groundwater. C. Any use except for residential with an estimated sewage disposal greater than 10 4820. Aquifer Protection District. The APD is gallons of sewage per day per 1,000 square established as an overlay district to the Town's feet of lot area, based on Title V of the State zoning map. This APD was defined by the sur- Environmental Code, 310 CMR 15.00. ficial geology of the area and groundwater flow (based on a U.S. Geological Survey Surficial D. Any use which renders impervious more than Geology Map and the Chelmsford Facilities Plan 50 percent of the total lot area. by Weston & Sampson Engineers, Inc.). Any area in which groundwater flow is directed toward a 4840. Special Permits. Special Permits may be granted

well and the surficial geology is stratified sand by the Planning Board, if the requirements of the and gravel deposits (soils which yield ground- APD are met and if the granting of such a permit

water to wells) is included in the APD. follows the general intent of the zoning bylaw. Prior to granting a special permit, the Planning If a property owner questions the location of any Board shall review the proposed control measures boundary of an APD, the owner may engage at and shall determine if these control measures are his own cost a professional hydrogeologist or soils adequate with respect to possible groundwater engineer who must be approved by the Planning contamination if a failure occurred. If the Plann- Board of the Town, to determine if the land in ing Board denies a special permit, the reason for

question is a recharge area. the denial must be stated. After receiving a special permit application, the Planning Board 4830. Use Regulations. The use schedule for all zoning shall distribute one copy each to the Board of districts shall apply, except as modified in this Health, the Conservation Commission and the section. In all cases the more stringent provision Building Inspector for their review. If a response

shall apply. is not received within 35 days by these agencies, the Planning Board will assume the agency ap- 4831. The following uses are prohibited within the prove. A special permit may be granted by the

APD: Planning Board, if, after review of the applications and comments from the Board of Health, A. The manufacture, use storage, transport, or the Conservation Commission and the Building disposal of toxic or hazardous materials as a Inspector, the Planning Board finds that the principal activity. groundwater quality will not fall below state or federal drinking water standards, or if the

B. Solid waste disposal facility, sanitary landfill, groundwater quality is below these standards no refuse incinerator, salvage yard, junk yard, further degradation of the groundwaters will oc- storage yard, road salt stockpile.

C. Truck/bus terminals and contractor's yards 4841. Special Permit Application. Eleven (11) copies with more than 10 vehicles, service station of the Special Permit Application shall be sub- and auto repair shops. mitted to the Planning Board in accordance with Section 1250. In addition, the application shall D. Car washes, or coin-operated and commercial include: laundries, where not connected to public

sewers. A. A complete list of all fuels, chemicals, pesticides, and other potentially toxic or E. Subsurface storage of toxic or hazardous hazardous materials which are being used or materials, fuel oil or gasoline. stored on the premises in quantities greater than average household use. F. Solid waste disposal or sewage treatment facilities with onsite disposal of the effluent, B. Detailed plans shall be submitted of the

unless tertiary treatment is used. storage tank or pipeline being used to store or transport the toxic or hazardous materials, 4832. The following uses require a Special Permit from fuels, chemicals or pesticides. These plans the Planning Board within the APD: should also show how the storage tank or

pipeline is protected from corrosion, leaks, A. Above ground storage of more than 500 spills, and vandalism. gallons of toxic or hazardous materials, fuel oil or gasoline. C. Evidence of qualified professional supervision of the design and installation of above and 79

below ground storage of toxic and hazardous concerning the night chosen. Selectman Emerson ex- materials. plained that the Town Clerk Mary E. St. Hilaire, would be unavailable for a meeting other than Thursday, May D. Evidence of qualified professional supervision 15th. Edward Hilliard moved to adjourn the meeting un-

of the design and installation for any use with til Monday May 19th 1986 at 8:00 PM to the McCarthy

an estimated sewage flow greater than 1,000 Jr. High Gymnasium. The Moderator explained that the gpd (other than single family). Impacts of Town Clerk and Ass't Town Clerk were scheduled to be nitrates, chlorides, and coliforms on ground- attending an out of Town seminar. More discussion took water quality must also be addressed; place, The Town Clerk was going to still attend the seminar and the Assistant would attend the Town Tom Delia of Weston and Sampson explained that this Meeting. Selectmen recommend the motion. The by-law was to protect the ground water in the Town of Moderator asked for a voice vote, motion carried. The Chelmsford. Special Town Meeting adjourned at 10:55 PM until 8:00 PM Monday May 19th. The Moderator reconvened the Chairman of the Planning Board, John McCarthy read Adjourned Annual Town Meeting at 10:56 PM. the Board's recommendation: Lennart Leedberg attempted to have Article 34 The Planning Board conducted a public hearing on brought back onto the floor for re-consideration, May 8, 1986 and voted to recommend in favor of this arti- However George Ripsom, of the Finance Committee cle. The vote was 4-2. moved to adjourned the Annual Town Meeting until

Monday May 19th, 1986 at 7:30 PM to the McCarthy Jr. The Board of Selectmen and the Finance Committee High Gymnasium. The Moderator explained that this is recommended the article. The Moderator attempted a the motion which must be acted upon first. Mr. Leedberg voice vote, which left the chair in doubt, the tellers came could ask the Town Meeting Body to defeat the motion to forward and a hand count was taken: Yes 227, No 19, a adjourn and then his motion would be put before the %'s vote of 164 is required, motion carried. Town Meeting Body for consideration, if the meeting does not adjourn. Once the meeting adjourns then Arti- UNDER ARTICLE 7 Selectman John P. Emerson cle 34 can not be brought up again at a later meeting. moved to amend the article by amending the figure to The Moderator attempted a voice vote, which left the read $1.00 instead of $6,000.00 Selectman Emerson ex- chair in doubt, he asked for a show of hands, still in plained the purpose of the article. The Finance Commit- doubt the tellers came forward and conducted a hand tee was in favor of the amendment. Richard O'Neil ques- count. Yes 142, No 100 Motion carried. tion the presence of a quorum. (300 voters present are needed to conduct a Special Town Meeting). The tellers The meeting adjourned until Monday May 19th, 1986 came forward and counted the voters: 280 voters present. 7:30 PM at the McCarthy Jr. High Gymnasium. The Selectman Emerson moved to adjourn the Special Town meeting adjourned at 11:05 PM. Meeting until Thursday May 15th, 1986 at 7:30 PM. The Moderator asked for a voice vote, a discussion took place Dennis McHugh, Mary E. St. Hilaire, Moderator Town Clerk 80

ADJOURNED ADJOURNED ANNUAL TOWN MEETING SPECIAL TOWN MEETING

May 19, 1986 May 19, 1986

The Adjourned Annual Town Meeting was called to The Moderator attempted to reconvene the adjourned order at the McCarthy Jr. High School Gymnasium at session of the Special Town Meeting at 8:10 PM, 7:40 PM, by the Moderator Dennis McHugh, who however, James Brough questioned the presence of a recognized the presence of a quorum. There were 316 quorum. (300 voters present in order to conduct a voters present. meeting) The tellers came forward and counted the voters present. There were 290 voters present, the The Moderator addressed the Town Meeting Body Moderator postponed the Special Town Meeting until with a few announcements. George Ripsom who is a later during this session of the Town Meeting to 9:00 PM. member of the Finance Committee and has been a member for quite a few years, is being transfered to The Moderator moved to reconvene the recessed An- Washington D.C. and will be resigning from the Finance nual Town Meeting at 8:15 PM. Committee. The Moderator thanked Mr. Ripsom for his years of service. Also Assessor Janet Lombard is confined Bertha Sadowski moved to reconsider Article 35. The to her home with a serious illness and cards/ acknow- Finance Committee and the Board of Selectmen do not ledgements should be sent to her. recommend the motion. The Moderator asked for a voice vote, motion defeated. UNDER ARTICLE 35 Bertha Sadowski moved to amend the article to read to change from Single UNDER ARTICLE 36 Selectman Ready, moved to Residence (RB) to Roadside Commercial District (CB) amend the article by adding the words, provided The motion was submitted as changing from RB to CD. however, that the property shown as owned by N/F Bell, Attorney James Geary, representing Bertha Sadowski ex- N/F Anderson, and N/F Pappas as shown on said plan plained the reason for the amendment. A discussion took shall only be acquired with said owners consent. place, a number of voters spoke for and against the motion to amend. Bertha Sadowski spoke about the article A Discussion took place. The Board of Selectmen were and asked for support from the Town Meeting body. The split two and two on recommending or not recommen- Moderator asked for the Planning Board's recommenda- ding the article. Selectmen Emerson and Ready spoke in tion. Chairman of the Planning Board, John McCarthy, favor of the amendment and the article. Selectmen read the Board's recommendation: The Planning Board Johnson and Blomgren were both against passage of the conducted a Public Hearing on March 26, 1986 and article. Selectmen Emerson and Ready felt that the only voted to recommend in favor of the amending of this arti- way the Town of Chelmsford could excise any type of cle to CB (Roadside Commercial District). The vote was control on the situation was to take the land by eminent

6-0. Although this article is not part of the Master Plan, domain and declare it for public use. Selectmen Johnson

the rezoning is consistent with the intent of the Master felt that the Town should send a message to Lowell, say- Plan. ing that we do not want any part of this waste treatment plant. Selectmen Blomgren felt the same way. The Town The Moderator asked for a voice vote on the motion to couldn't be sure of what could be buried on the site, by amend. Motion carried. More discussion took place means of hazardous wastes etc. The Moderator asked for under the main motion as amended. Brad Emerson a voice vote on Selectman Ready's motion to amend, mo- moved the question to stop debate. The Moderator asked tion defeated. More discussion took place Leo Paradis for a voice vote on the motion, motion carried, moved to amend the article by inserting near the end of unanimously. The Moderator attempted a voice vote on the fifth paragraph after the word disposal the following, the main motion as amended, Chair left in doubt, the "as determined by a two-thirds vote of the Blue Ribbon following tellers came forward and a hand count was Resource Recovery committee". More lengthy discussion

taken: Yes 125, No 128 the motion is defeated, (see war- took place. Daniel Burke of the Blue Ribbon Resource rant for original wording of the article) Recovery Committee, spoke about the article. He explained that the Committee felt that the Town should The Moderator at this time moved to recess the take the land, the company doesn't necessarily need the meeting due to the Special Town Meeting being ad- land for the ashes. They can be taken elsewhere, but in journed from the May 12th, 1986 meeting to take place order for the Town to have any say whatsoever in the on May 19th, 1986 at 8:00 PM. Meeting adjourned at matter the land should be taken by the Town. Scott 8:09 PM. Prescott moved the question. The Moderator asked if there was any need to hear further debate? Hearing none he asked for a voice vote on the motion to amend. Motion defeated. The Moderator read another motion from Elias Safdie: Delete the words "adequate municipal trash disposal" and insert recreational use. He felt that if the

land was taken it could only be used for this purpose only. 81

Discussion followed. The Moderator asked for a voice was enough time left at this meeting to continue. Samuel vote on the motion to amend. Motion defeated. Town Poulten again spoke against the motion to adjourn the Counsel James Harrington was asked different questions Annual Town Meeting to Tuesday Night due to the concerning the article, he explained that he could only School Committee having a meeting scheduled. The advise and give opinions. Elizabeth Marshall Chairman Moderator asked for a voice vote on the motion to ad- of the Finance Committee, moved to amend the article. journ the meeting until Tuesday May 27th, which left the By adding the following to the last paragraph: "Acquisi- chair in doubt, he then asked for a show of hands, motion tion of this property shall be contingent upon the success- defeated. The meeting continued. ful outcome of a Chapter 21E (existing Environmental

Condition) study on this property." The Selectmen ex- UNDER ARTICLE 37 Selectman John P. Emerson Jr. plained that this was an automatic provision that would moved that the Town vote to raise and appropriate the have to take place before the land could be purchased. sum of thirty-five thousand dollars ($35,000.00) and/or Barry Balan asked if a Representative from BFI for the purpose of completing Architectual Design and (Browning-Farris, Industries) could have permission from securing all necessary plans and specification for the con- the Moderator/ Town Meeting Body to come forward and struction and/ or reconstruction of the front portion of answer questions. The Moderator asked for a voice vote, the firestation located on North Road, along with the motion carried. Richard McEwen came forward and performance all said all construction and/or reconstruc- answered questions. He said that the City of Lowell was tion in conformity with said plans, all said contracts to be going to put the waste treatment plant on the Lowell site, made under the supervision of the Chief of the Fire regardless what happened with this article. Other alter- Department. natives were made on where to bring the ash to, if the Town of Chelmsford did not participate. More discussion Acting Chief James Sousa stated that according to his took place. The Moderator asked for a voice vote on the information from former Fire Chief Reid, the Fire motion to amend, left the chair in doubt, a show of hands Department did not submit this article. Therefore he did was taken. Motion carried, to amend the last paragraph. not have any information concerning it. Richard Lahue The Moderator asked for a voice vote on the main motion stated that the Fire Department had purchased a new fire as amended, motion defeated. Harry Foster questioned truck and when found that it would not fit in the station, the vote, the tellers came forward and a hand count was a nitch was formed in order for the truck to fit. The Fire taken: Yes 57, No 132 the motion was defeated, (see the Station falls within the Historic District, and the Board warrant for original wording of the article) did not give any permission for any reconstruction to the station. He asked the Town Meeting Body to dismiss the

The Moderator moved to reconvene the postponed article by voting to defeat it. Special Town Meeting at 10:35 PM, he asked the tellers to come forward and count the number of voters present. William Dalton moved to amend the article: to use the There were 192 voters present. Selectman Emerson sum of $35,000.00 to reconstruct the upper portion of the moved to adjourn the Special Town Meeting until Tues- center fire house. He said that more office space and a day May 27th at 8:00 PM at the McCarthy Jr. High ladies room was needed, and that this is where the monies School Gymnasium. Motion carried. should be applied to. Town Counsel was asked if this motion was considered out of order. Town Counsel replied The Moderator made a point of order that the Town no because the warrant says with reconstruction as does Meeting would now proceed with the articles that were the motion to amend. The Moderator asked for a voice postponed to the conclusion of the Special Town vote on the motion to amend. Motion defeated. The Meeting. Edward Hilliard questioned this saying that the Moderator asked for a voice vote on the main motion, Special Town Meeting hasn't ended yet, just postponed to motion defeated. another night and felt that the articles couldn't be acted on tonight. The Moderator asked Town Counsel for an Selectman John P. Emerson Jr., moved to adjourn the opinion. The Finance Committee when questioned by the Town Meeting until Tuesday May 27, 1986 at 7:30 PM to Moderator said that they did have the figures available the McCarthy Jr. High Gymnasium. The Moderator for discussion if need be. While waiting for Town asked for a voice vote which left the chair in doubt. He Counsel's opinion, Samuel Poulten, questioned the Tues- then asked for a show of hands, motion carried. The day night adjournment. He said that the School Commit- meeting adjourned at 11:00 PM. tee was scheduled to meet that night. Mr. Poulten was informed that no other board can meet while Town Dennis McHugh, Mary E. St. Hilaire, Meeting is in process. Town Counsel James Harrington Moderator Town Clerk informed the Moderator after reading the minutes of the previous Town Meeting that the motion read at the conclusion of the Special Town Meeting. Therefore no action could take place on the postponed articles until after the conclusion of the Special Town Meeting which was scheduled for Tuesday May 27th, 8:00 PM. Selectman John Emerson moved to adjourn the Annual Town Meeting until Tuesday May 27th, 1986 at 7:30 PM. Larry Cunningham spoke against the motion he felt that there 82

ADJOURNED (e) The moderator shall have the power to make in- ANNUAL TOWN MEETING term appointments to said Finance Committee when an elected and/or appointment becomes vacant. Said interm appointment shall serve until May 27, 1986 the next Annual Town election, at which point, the position for the balance of the term of said The Adjourned Annual Town Meeting was called to position shall be subject to election. order at the McCarthy Jr. High Gymnasium at 7:40 PM, by the Moderator Dennis McHugh, who recognized the 3. Copies of the Finance Committee report, including presence of a quorum. There were 217 voters present. the Warrant for each Annual Town Meeting shall be made available by the Finance Committee to Moderator Dennis McHugh announced to the Town registered voters of record not less than two weeks Meeting body, that he felt that the next article would per- prior to the meeting. tain to the office of the Moderator. Due to this, he was going to step down and allow a temporary Moderator James Brough explained the purpose of the article. He conduct the meeting through this article only. Town felt that the Finance Committee should be an elected Clerk Mary St. Hilaire, moved to nominate James Harr- body, that way they would have to answer publicly for ington, Town Counsel, as Temporary Moderator, for Ar- their decisions on budgets/ articles. Presently the ticle 38 only. The Moderator asked for a voice vote, mo- Moderator appoints the Finance Committee, Mr. Brough tion carried. Town Clerk Mary St. Hilaire, swore in Tem- felt that this was a lot of power for one person to be porary Moderator James Harrington, and the meeting responsible for. He felt that the voters should have the say

continued. , by way of electing the individuals. A discussion took place. The Finance Committee when asked did not want UNDER ARTICLE 38 James Brough, moved that the to recommend one way or the other, however, Elizabeth Town vote to amend the General By-Laws Article Marshall wanted to give a few points of information. The II — Town Meeting, by deleting Section 5 Finance Com- Finance Committee commits themselves to a lot of mittee, in its entirety and substituting the following in its volunteer hours. They take quite seriously the respon- place. sibility of preparing the warrant book and recommendations. If the voters do not agree with the Finance Com- Section 5 Finance Committee mittee's recommendations, then they simply do not vote for the article. The people who serve on the Committee 1. The Finance Committee in the Town of are a neutral group. The Finance Committee is not con- Chelmsford shall be composed of seven members to sidered a stepping stone to higher offices, therefore only be elected at the Annual Town Election. personal achievement not political can be gained. The Board of Selectmen were not in favor of the article. 2. The election of said members shall be as follows: Selectmen Blomgren gave the recommendation. A discussion took place, Edward Hilliard and James Decker (a) All current member shall continue to serve until spoke against the article and asked for it to be defeated. June 30, 1987, at which time all said positions William Drury moved the question to stop debate. The shall be abolished. Temporary Moderator asked for a voice vote, motion carried, unanimously. He then asked for a voice vote on the (b) All positions shall be elected in the Town of article, motion defeated. Chelmsford 1987 Annual Town election to take office on July 1, 1987: Moderator Dennis McHugh returned to the podium and recessed the Annual Town Meeting at this time in (c) The initial positions on said Committee shall be order to conduct the postponed Special Town Meeting, elected as follows: which was scheduled for 8:00 PM.

(1) Two positions for a period of three (3) years each; ADJOURNED SPECIAL TOWN MEETING (2) Three positions for a period of two (2) years each; May 27, 1986

(3) Two positions for a period of one (1) year each. The Moderator Dennis McHugh called the meeting to order at 8:01 PM he recognized the presence of a (d) Each of the positions shall be subject to election quorum. A discussion took place concerning the impor- at the end of the above terms as stated in subsec- tance of the articles left that needed to be voted on. Ed- tion (C); and, thereafter each position shall have ward Quinn questioned the presence of a quorum. A a term of three (3) years. discussion took place. Edward Quinn withdrew his motion. Selectman Dennis Ready moved to take Article 13 83

and 14 out of order. The Finance Committee was against Moderator reconvened the Special Town Meeting at 8:25 the motion. The Moderator asked for a voice vote, which PM, Scott Prescott withdrew his motion of questioning left the chair in doubt, he asked for a show of hands, mo- the quorum. The Moderator asked for a voice vote on Ar-

tion defeated. ticle 9, motion carried, unanimously. The article reads as follows:

UNDER ARTICLE 7 Selectman John P. Emerson Jr. moved to amend the article to read $1.00. The Selectman John P. Emerson Jr. moved that the Town Moderator asked for a voice vote on the motion to vote to authorize the Board of Selectmen to acquire any amend, motion carried, unanimously. The Moderator and all temporary and/or permanent easements, and any asked for a voice vote on the main motion as amended, property in fee simple, by purchase, by eminent domain motion carried, unanimously. The article reads as or otherwise, on the property described as Parcel 8 on a follows: certain plan on file with the Town Engineer entitled "Easement Plan of Land in Chelmsford, Ma. prepared Selectman John P. Emerson moved that the Town vote for the Town of Chelmsford, Scale l"-40', March 10, to authorize the Board of Selectmen to acquire any and 1986, by Vanasse/Hangen Engineering, Inc., Consulting all temporary and/or permanent easements and any pro- Engineers and Planners, 60 Birmingham Parkway, perty in fee simple, by purchase, by eminent domain or Boston, Masschusetts" for the purpose of construction im- otherwise on the property described as Parcel C on a cer- provements, widening, laying out and accepting said por- tain plan on file with the Town Engineer entitled "Ease- tion of Billerica Road and I move that the Town vote to ment Plan of Land in Chelmsford, Ma. prepared for the transfer and appropriate, from free cash the sum of one Town of Chelmsford, Scale l"-40', March 10, 1986, by dollar ($1.00) to defray all necessary costs, fees and ex- Vanasse/Hangen Engineering, Inc., Consulting Engin- penses in connection with the acquisition of said land and eers and Planners, 60 Birmingham Parkway, Boston, for paying any damages which may be awarded as the Massachusetts" for the purpose of construction im- result of any such taking. provements, widening, laying out and accepting said portion of Mill Road and I move that the Town vote to Selectman John P. Emerson Jr., moved to take Articles transfer and appropriate from free cash the sum of one 13 and 14 out of order. The Moderator asked for a voice dollar ($1.00) to defray all necessary costs, fees and ex- vote, motion carried, unanimously. penses in connection with the acquisition of said land and for paying any damages which may be awarded as the UNDER ARTICLE 13 Selectman John P. Emerson Jr., result of any such taking. moved that the Town vote to transfer and appropriate the sum of $36,713.00 from funds received from the UNDER ARTICLE 8 Selectman John P. Emerson Jr., Federal Government as partical reimbursement from moved that the Town vote to authorize the Board of hurricane "Gloria" expenses and to transfer and ap- Selectmen to acquire any and all temporary and/or per- propriate the sum of $12,211.00 from Line Item 139. manent easements, and any property in fee simple, by Unemployment Benefits Due State to the following purchase, by eminent domain or otherwise, on the pro- departmental line items and Trust Fund account. perty described as Parcel 1 on a certain plan on file with the Town Engineer entitled "Easement Plan of land in Cemetery Department: Chelmsford, Ma. prepared for the Town of Chelmsford, 12. Salaries $ 7,600.00 Scale l"-40', October 29, 1984, by Vanasse/Hangen Engineering, Inc., Consulting Engineers and Planners, Public Buildings 60 Birmingham Parkway, Boston, Massachusetts' for the 76. Salaries 187.00 purpose of construction improvements, widening, laying out and accepting said portion of Billerica Road and to I Highway Department move that the Town vote to transfer and appropriate, 41. Expenses 36,537.00 from free cash the sum of one dollar ($1.00) to defray all necessary costs, fees and expenses in connection with the Conservation Trust Fund 4,600.00 acquisition of said land and for paying any damages which may be awarded as the result of any such taking. The Finance Committee and the Board of Selectmen recommended the article. The Moderator asked for a The Finance Committee recommended the article. voice vote, motion carried, unanimously. The Board of Selectmen recommended the article. Scott

Prescott asked questions concerning the construction. UNDER ARTICLE 14 Selectman John P. Emerson Jr., The Moderator asked for a voice vote, motion carried, moved that the Town vote to transfer and appropriate unanimously. the sum of $19,000.00 from Line Item 139 Unemploy- ment Benefits — State for the purpose of a continuing UNDER ARTICLE 9 The Finance Committee recom- Traffic Study and Engineering Design to alleviate traffic mended the article. The Board of Selectmen recom- problems on Chelmsford Street from Fletcher Street to mended the article. A discussion took place. Scott the Chelmsford Mall. Prescott questioned the presence of a quorum. More discussion took place, the Moderator moved for a five The Board of Selectmen and the Finance Committee minute recess. The Meeting adjourned at 8:20 PM. The recommended the article. Motion Carried, unanimously. 84

UNDER ARTICLE 10 Larry Cunningham questioned UNDER ARTICLE 20 Selectman John P. Emerson Jr., the presence of a quorum. The following tellers came for- moved that the Town vote to raise and appropriate, the ward and a count of the voters present was taken: sum of five thousand two hundred dollars ($5,200.00) to pay for the Town of Chelmsford portion of the shared Jocelyn Anthony Donald Elias traffic engineer, as funded by E.O.C.D. multi- Estelle Decker Edward Hilliard community grant. Jane Drury Jack Peters John Warren William Drury The Finance Committee and the Board of Selectmen Normand LeBrecque Jean Horgan recommended the article. The Moderator asked for a voice vote, motion carried, unanimously. There were 190 voters present. Selectman Emerson moved to dissolve the Special Town Meeting. The UNDER ARTICLE 22 Finance Committee Chairman, Moderator asked for a voice vote, motion defeated. John Elizabeth Marshall moved to amend the article to read Carson moved to adjourn the Special Town Meeting until $10,000.00. Raymond McCusker of the Police Union, later during the evening, to 9:15 PM. The Moderator spoke against the article. He explained that this would be asked for a voice vote, which left the chair in doubt, he a wash out account. When companies hired police for asked for a show of hands, motion carried. The Special special details, it takes up to three weeks before the men Town Meeting adjourned. The Annual Town Meeting would be paid. With this special account the money reconvened at 8:45 PM. comes out of the account and the men will be paid within the week that they work. The monies from the companies

Selectman Emerson moved to take Articles 9, 19, 20, will be kept in the account for disbursement. The 22, and 24, out of order. The Finance Committee and the Moderator asked for a voice vote on the motion to Board of Selectman recommended the motion. Edward amend, which left the chair in doubt, he then asked for a Hilliard questioned the motion. Town Counsel James show of hands, motion defeated to amend. The

Harrington ruled that the motion is in order. The Moderator then asked for a voice vote on the main mo- Moderator asked for a voice vote, motion carried, tion, motion carried. The article reads as follows: unanimously. Raymond McCusker moved that the Town vote to raise UNDER ARTICLE 9 Chairman of the Finance Com- and appropriate the sum of $20,000. to be placed in a mittee, Elizabeth Marshall, moved that the Town vote to special fund as authorized under the provisions of raise and appropriate the sum of three hundred thousand Chapter 44, Section 53C of the General Laws. Said funds dollars ($300,000.00) to be used as a Reserve Fund at the to be used, along with all other monies received by the discretion of the Finance Committee, as provided in Town as compensation earned by it's employees from off- General Laws, Chapter 40, Section 6. duty work details, in such manner and at such times as shall, in the discretion of the authority authorizing such The Finance Committee and the Board of Selectmen off-duty work detail, compensate the employee for such were in favor of the article. The Moderator asked for a voice vote, motion carried, unanimously. UNDER ARTICLE 24 Chairman of the Library

UNDER ARTICLE 19 Selectman John P. Emerson Jr., Trustees, Susan Cantin moved that the Town vote to moved that the Town vote to raise and appropriate the transfer and appropriate the sum of nine thousand thirty- sum of forty thousand dollars ($40,000.00) for the pur- eight dollars ($9,038.00) from the State Aid Funds, Addi- pose of completing Engineering Design and securing all tional Aid to Public Libraries, to the Board of Library necessary plans and specifications for implementation of Trustees, for the purpose of the enrichment of the Traffic Design at Summer Street and Boston Road, and Reference collections at the libraries. further to authorize the Board of Selectmen to complete all applications and take all necessary steps to apply for Library Trustee, Mark Gauthier, spoke about the arti- Federal and State funds for the implementation of these cle. The Finance Committee did not recommend the arti- plans and specifications; and further to authorize the cle. The Board of Selectmen were not in favor of the arti- Board of Selectmen to enter any and all contracts for the cle. A Discussion took place. Lorraine Lambert and implementation of those plans and specifications, and for Elizabeth McCarthy, Library Trustees spoke in favor of the expenditure of all Federal and State funds available the article. The Moderator asked for a voice vote, which to the Town for said implementation. left the chair in doubt. The Moderator asked for a show of hands, motion carried. The Finance Committee did not recommend the article. The Board of Selectman did not recommend the arti- The Moderator called to order at 9:25PM the Special cle, at this time. Stating the project can wait a year. The Town Meeting. Moderator asked for a voice vote, motion defeated. 85

SPECIAL TOWN MEETING 2364, Page 152, containing approximately 5,000 square feet, more or less, of land.

May 27, 1986 The direct abutter to the land was not present to explain the purpose of wanting the land. The Selectmen The Moderator recognized the presence of a quorum. moved to dismiss the article, the Finance Committee sup- Larry Cunningham questioned the presence of a ported the Selectmen. The Moderator explained that if quorum. The Moderator asked the tellers to come for- the Town Meeting Body voted to defeat the article then, ward and count the voters present. There were 203 voters they in fact are dismissing the article. The Moderator present. Selectman John P. Emerson Jr. moved to ad- asked for a voice vote, motion defeated. journ the Special Town Meeting. A voice vote was taken which left the chair in doubt, The Moderator asked for a UNDER ARTICLE 41 Chairman of the Finance Com- show of hands, motion defeated. A Discussion took place, mittee Elizabeth Marshall, moved that the Town vote to John Carpenter moved to adjourn the meeting until June instruct the Board of Assessors to issue the sum of eight 2nd, Selectman Emerson explained that the Board of hundred fifty-two thousand dollars ($852,000.00) from Selectmen had scheduled three public hearings for then. Free Cash in the Treasury for the reduction of the tax Mr. Carpenter submitted his motion to read to adjourn rate. the Special Town Meeting until Monday June 9th. The Selectmen were in favor of the motion. The Moderator The Board of Selectmen and the Finance Committee asked for a voice vote, motion carried. Selectman Emer- supported the article. A discussion took place. Howard son wanted to change the location of the meeting from Redfern, Executive Secretary to the Board of Selectmen the Gymnasium to the Auditorium. In order to do this explained the article. The Moderator asked for a voice the motion had to be reconsidered then a vote had to be vote, motion carried, unanimously. taken on the location. Selectman Emerson moved to reconsider the motion to adjourn. The Moderator asked The Moderator moved to adjourn the Annual Town for a voice vote, motion carried, unanimously. Selectman Meeting sini die, seeing that there was no need for further Emerson explained that there was an expense involved to business. Motion carried, unanimously. The Meeting ad- set up the Gymnasium, and asked for the meeting to be journed at 9:50 PM. held in the Auditorium, at 7:30 PM at the McCarthy Jr. High on June 9th, 1986. The Moderator asked for a voice Dennis McHugh, Mary E. St. Hilaire, vote, motion carried, unanimously. Moderator Town Clerk

The Moderator reconvened the Adjourned Annual Town Meeting. ADJOURNED SPECIAL TOWN MEETING UNDER ARTICLE 39 Selectman John P. Emerson Jr., moved that the Town vote to authorize the Board of 9, 1986 Selectmen, for consideration to be determined, to convey June and transfer all right, title, and interest, if any, held by the Town in a certain parcel of land located at 283 The Adjourned Special Town Meeting was called to

Riverneck Road and being the premises taken by the order at 8:00 PM at the McCarthy Jr. High Auditorium, Town of Chelmsford by an instrument of taking, dated by the Moderator Dennis McHugh. July 29, 1977 and recorded in the Middlesex North District Registry of Deeds in Book 2260, Page 274, con- The Moderator read a motion by Selectman John P. taining approximately 24,675 square feet of land, more Emerson Jr. to delete the article. Larry Cunningham or less. questioned the presence of a quorum. The following tellers came forward and counted the voters present in Nancy Burnham explained that the land abuts her the auditorium:

land and she would like to be able to maintain it. The Board of Selectmen and the Finance Committee sup- Licia Stack Gail Klemmer ported the article. The Moderator asked for a voice vote, Donald Elias Margaret Johnson motion carried, unanimously. Jean Horgan Normand LaBrecque Jocelyn Anthony Jane McKersie UNDER ARTICLE 40 Selectman John P. Emerson Jr., John Warren moved that the Town vote to authorize the Board of Selectmen, for consideration to be determined to convey The result of the hand count 245 voters present. The and transfer all right, title, and interests, if any, held by quorum requirement to conduct a Special Town Meeting the Town, in a certain parcel of land on Wightman is 300. The Moderator moved to recess the meeting until Street, shown as Lot 14, Blk 10 on Assessors' Plat 10 and 8:30 PM and asked the Policemen to go outside to a soc- being the premises taken by the Town of Chelmsford by cer game, which was going on, and ask the people to an instrument of taking, dated May 3, 1979 and recorded come inside to attend the meeting. in Middlesex North district Registry of Deeds in Book 86

The Moderator reconvened the meeting at 8:30 PM collection of liens to be placed on property in the case of and asked the tellers to come forward and conduct a nonpayment of sewer user charges; or act in relation count of the voters present in the auditorium. There were thereto. 283 voters present. The Moderator explained that due to the expenses involved with conducting Special Town Board of Selectmen Meetings, he declared the meeting disolved and adjourn- Sewer Commission ed the meeting sine, die. The meeting adjourned at 8:35 PM. ARTICLE 3. To see if the Town will vote to adopt the system of Sewer Betterment Assessments and Sewer Dennis McHugh, Mary E. St. Hilaire, Privilege Fees, dated September, 1986, as prepared by Moderator Town Clerk Weston & Sampson Engineers, Inc., copies of which are on file with the office of the Board of Selectmen, and Town Clerk, and are incorporated herewith with assessments and WARRANT FOR fees to be based on the uniform unit method in accordance SPECIAL TOWN MEETING with and under the authority of Chapter 80 "Betterments" and Chapter 83 "Sewer, Drains and Sidewalks", Section SEPTEMBER 25, 1986 14 through 24, inclusive, of the General Laws of the Com- monwealth of Massachusetts; or act in relation thereto. COMMONWEALTH OF MASSACHUSETTS Board of Selectmen MIDDLESEX, SS. Sewer Commission

To the Constable, or any other suitable person of the ARTICLE 4. To see if the Town will vote to authorize Town of Chelmsford. the Selectmen to petition the Great and General Court to enact amendments to Chapter 420 of the Acts of 1985 to In the name of the Commonwealth, aforesaid, you are authorize the Town to contract with the Chelmsford Center hereby requested to notify and warn the legal voters of said Industrial Sewer District for the use of proceeds of bonds Chelmsford to meet in the McCarthy Junior High School or notes issued by the Town under the vote passed on May Auditorium on Thursday evening, the twenty-fifth day of 7, 1984 under Article 30, and to authorize the District to September 1986, at 7:30 p.m., then and there to act upon levy property taxes if necessary to pay debt service, to have the following Articles, Viz: outstanding indebtedness of up to $3,000,000 and to in- cur indebtedness not later than October 23, 1988;-or act ARTICLE I . To see if the Town will vote to authorize in relation thereto. the Board of Selectmen and/or the Sewer Commissioners to acquire any and all temporary and/or permanent Board of Selectmen easements, and any property in fee simple with the buildigs and trees thereon by purchase, eminent domain, or other- ARTICLE 5. To see if the Town will vote to authorize wise, for the property located in the Town of Chelmsford, the Selectmen to Petition the Great and General Court to Massachusetts, and further described and shown on a set enact an amendment to Chapter 420 of the Acts of 1985 of plans, entitled Plan of Sewer Easement in Chelmsford, to authorize the Chelmsford Center Industrial Sewer Massachusettss, Center Interceptor Sewer, prepared for the District to exercise all the powers and privileges of, and Chelmsford Sewer Commission, September, 1986, scale 1 to be subject to limitations upon Towns regarding powers inch = 40 feet, by Howe Surveying, copies of which are on of Eminent Domain including but not limited to General file in the office of the Town Engineer and are incorporated Law Chapters 40, Chapter 79, and Chapter 82, for the herewith, for the purpose of constructing and maintaiing purpose of powers authorized under said act, and any gravity sewers, force mains, pumping station, and all other amendments thereto and to pay for any such takings with appurtenances thereto and to see if the Town will vote to or from funds, raised or obtained under powers author- raise and appropriate, transfer and appropriate from avail- ized under said act, and any amendments thereto; or act able funds, transfer and appropriate from the Stabiliza- in relation thereto. tion fund, transfer and appropriate revenue sharing funds and/or borrow a certain sum of money to defray all neces- Board of Selectmen sary costs, fees and expenses in connection with the acquisition of said land and for paying any damages which may ARTICLE 6. To see if the Town will vote to authorize be awarded as the result of any such taking; or act in rela- the Selectmen to petition the Great and General Court to tion thereto. enact an amendment to Chapter 420 of the Acts of 1985, to modify the boundaries of Chelmsford Center Industrial Board of Selectmen District as follows: Sewer Commission

By deleting the entire boundary description in Sec- ARTICLE 2. To see if the Town will vote to accept the tion 1 . of the Act and by substituting in its place the provisions of Massachusetts General Law, Chapter 83, Sec- following boundary description: tion 16, Paragraphs A through F, inclusive regarding sewer user charge liens and the related powers and methods of 87

Northwesterly along 3 to 495; thence Westerly from (a) License: shall mean any and all licenses or per- 495 to River Meadow Brook; thence Southwesterly mits, issued by any Town of Chelmsford Board, over various courses along River Meadow Brook, to division, officer, or department, and shall in- Billerica Road, northwesterly along Billerica Road clude all renewals and transfers. to Turnpike Road, then Southeasterly along Turn- pike Road to River Meadow Brook; thence continu- (b) Licensing authority: any Town of Chelmsford ing Southeasterly along Turnpike Road to Mill Road, Board, division, officer or department, with including all abutting properties to the industrial jurisdiction over the issuance of any license or sewer construction along Turnpike Road; thence permit. Easterly along Mill Road, approximately one thousand five hundred feet (1,500') to the RB-IA zoning 2. The Town of Chelmsford Board, division, officer or boundary line including all abutting properties to the department, with jurisdiction over the issuance of any industrial sewer construction along Mill Road; thence license, shall have the authority to deny any applica- Southeasterly to the Billerica Town Line; thence tion for, or revoke or suspend any license within its Northeasterly along said Town Line to the point of jurisdiction, for any person, partnership, corporation, beginning; trust, business entity or enterprise who and/or which has neglected, refused, or failed to pay any local or act in relation thereto. taxes, fees, assessments, betterments, or any other municipal charge. Board of Selectmen

3. The tax collector or other municipal official respon- ARTICLE 7. To see if the Town will vote to raise and sible for records of all municipal taxes, assessments, appropriate, transfer and appropriate from available betterments and other municipal charges, hereinafter funds, transfer and appropriate from the Stabilization referred to as the tax collector, shall annually fur- Fund, transfer and appropriate revenue sharing funds, bor- nish to each department, board, commission or divi- row and/or petition the Great and General Court to enact sion, hereinafter referred to as the licensing authority, legislation to allow the Town to borrow, by bond or note, that issues licenses or permits including renewals and

a certain sum of money to engage engineers, contractors, transfers, a list of any person, partnership, corpora- attorneys, architects, and other necessary consultants tion, trust, business entity or enterprise, hereinafter and/or builders, for the purpose of preparing, designing referred to as the party, that has neglected or refus- and constructing a Senior Center and the preparation of ed to pay any local taxes, fees, assessments, better- all necessary documentation thereto, on the property under ments or other municipal charges for not less than the control of the Board of Selectmen at the North School a twelve month period, and that such party has not and being a portion of the property taken by the Town filed in good faith a pending application for an of Chelmsford by order of taking dated January 17, 1951 abatement of such tax or a pending petition before and recorded in the Middlesex North District Registry of the appellate tax board. deeds, Book 1161, Page 258, said contracts to be made under the supervision of the Board of Selectmen, and to 4. The licensing authority may deny, revoke or suspend see if the Town will vote to authorize the Board of Select- any license or permit, including renewals and men to negotiate and execute all necessary and proper con- transfers of any party whose name appears on said tracts and agreements thereto; or act in relation thereto. list furnished to the licensing authority from the tax

collector; provided, however, that written notice is Board of Selectmen given to the party and the tax collector, as required by applicable provisions of law, and the party is given ARTICLE 8. To see if the Town will vote to accept a hearing, to be held not earlier than fourteen days

General Law Chapter 40 Section 57, authorizing the Town after said notice. Said list shall be prima facie of Chelmsford to enact By-Laws and/or ordinances relative evidence for denial, revocation or suspension of said to the Grant or Renewal of Licenses as affected by non- license or permit to any party. The tax collector shall payment of local taxes, and fees; or act in relation thereto. have the right to intervene in any hearing conducted with respect to such license denial, revocation or Town Treasurer/Tax Collector suspension. Any findings made by the licensing authority with respect to such denial, revocation or suspension shall be only for the purposes of ARTICLE 9. To see if the Town will vote to amend the made General By-Laws Article VII — Miscellaneous, by adding such proceeding and shall not be relevant to or in- proceeding law, except for Section 12. Grant or Renewal of all local licenses and/or troduced in any other at permits. any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended

1. Definitions or revoked under this section shall not be reissued or renewed until the license authority receives a cer-

In this By-Law, the following terms have the follow- tificate issued by the tax collector that the party is ing meaning: in good standing with respect to any and all Ideal taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as the B. date of issuance of said certificate. Parcel Number 9 on a certain plan on file with the 5. Any party shall be given an opportunity to enter in- Town Engineer and incorporated herewith entitled to a payment agreement, thereby allowing the licen- "Easements Plan of Land in Chelmsford, MA sing authority to issue a certificate indicating said prepared for the Town of Chelmsford, Scale 1"40', limitations to the license or permit and the validity by Vanasse/Hangen Engineering, Inc., Consulting of said license shall be conditioned upon the satisfac- Engineers and Planners, 60 Birmingham Parkway, tory compliance with said agreement. Failure to com- Boston, Massachusetts dated October 29, 1984, sheet ply with said agreement shall be grounds for the 4 of 6." suspension or renovation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law. Parcel Numbers 3, 4, 5, 6, and 7 on a certain plan on file with the Town Engineer entitled "Easement 6. The Board of Selectmen may waive such denial, Plan of Land in Chelmsford, MA prepared for the

suspension or revocation if it finds there is no direct Town of Chelmsford, Scale 1"40', by Vanasse/Hangen or indirect business interest by the property owner, Engineering, Inc., Consulting Engineers and Plan- its officers or stockholders, if any, or members of his ners, 60 Birmingham Parkway, Boston, Massachu- immediate family, as defined in section one of chapter setts dated October 29, 1984, sheet 5 of 6." two hundred and sixty-eight in the business or activity conducted in or on said property. D.

7. This by-law shall not apply to the following licenses Parcel Number 10 on a certain plan on file with the and permits: open burning; section thirteen of Town Engineer and incorporated herewith entitled chapter forty-eight; bicycle permits; section eleven "Easement Plan of Land in Chelmsford, Ma prepared A of chapter eight-five; sales of articles for charit- for the Town of Chelmsford, Scale 1"40' by able purposes, section thirty- three of chapter one Vanasse/Hangen Engineering, Inc., Consulting hundred and one; children work permits, section Engineers and Planners, 60 Birmingham Parkway, sixty-nine of chapter one hundred and forty-nine; Boston, Massachusetts, dated October 29, 1984, sheet clubs, associations dispensing food or beverage 6 of 6." licenses, section twenty-one E of chapter one hundred and forty; dog licenses, section one hundred and for the purpose of construction, improvements, thirty-seven of chapter one hundred and forty; widening, laying out and accepting said portion of fishing, hunting, trapping license, section twelve of Billerica Road and to see if the Town will vote to raise chapter one hundred and thirty-one; marriage and appropriate, transfer and appropriate from licenses, section twenty-eight of chapter two hundred available funds, transfer and appropriate from the and seven and theatrical events, public exhibition Stabilization fund, transfer and appropriate revenue permits, section one hundred and eighty-one of sharing funds and/or borrow a certain sum of money chapter one hundred and forty; or act in relation to defray all necessary costs, fees and expenses in con- thereto. nection with the acquisition of said land and for paying any damages which may be awarded as the result Town Treasurer/Tax Collector of any such takings; or act in relation thereto.

ARTICLE 10. To see if the Town will vote to authorize Board of Selectmen the board of Selectmen to acquire any and all temporary and/or permanent easements, and any property in fee sim- ARTICLE 11. To see if the Town will vote to raise and ple, by purchase, by eminent domain or otherwise, on the appropriate, or transfer and appropriate from available following parcels of property described as: funds a certain sum of money with which to meet bills of previous years; or act in relation thereto. A. Board of Selectmen Parcel Numbers 1, la, and 2 on a certain plan on file with the Town Engineer and incorporated ARTICLE 12. To see if the Town will vote to authorize herewith entitled "Easement Plan of Land in the Board of Selectmen to acquire in fee simple, by pur- Chelmsford, MA prepared for the Town of chase, by eminent domain or otherwise, the property with 1"40', Chelmsford, Scale by Vanasse/Hangen the buildings and trees thereon beginning at the most Engineering, Inc., Consulting Engineers and Plan- northwesterly corner of the parcel at the intersection of the ners, 60 Birmingham Parkway, Boston, Massachu- lot line and the Lowell-Chelmsford boundary line, running setts dated 6." October 29, 1984 sheet 2 of along said lot line south 13° 46' 36" west two hundred eight and 35/100 (208.35') feet: 89

Thence south 88° 55' 09" east one hundred fifty and Thence south 89° 14' 00" west twenty and 04/100 63/100 (150.63') feet; (20.04') feet;

Thence south 02° 58' 00" west seven hundred seven- Thence south 36° 27' 11" east six hundred thirty-one teen and 78/100 (717.78') feet; and 55/100 (631.55') feet;

Thence south 89° 14' 00" west twenty and 44/100 Thence south 21° 01' 25" east eighty-nine and 22/100 (20.04') feet; (89.22) feet;

Thence south 36° 27' 11" east six hundred thirty-one Thence easterly along the boundary of U.S. Route and 55/100 (631.55') feet; 3 on a curved line having a radius of 4,750 feet and a length of 1,198.44 feet thence north 84° 04' 50" east Thence south 21° 01' 25" east eighty-nine and 22/100 122.82 feet to the intersection with the westerly boun- (89.22') feet; dary of Steadman Street;

Thence easterly along the boundary of U.S. Route Thence north along the westerly boundary of Stead- 3 on a curved line having a radius of 4,750 feet and man Street on a curved line having a radius of 371.70 a length of 1,198.44 feet thence north 84° 04' 50" east feet and a length of 132.41 feet thence north 06° 49' 122.82 feet to the intersection with the westerly boun- 50" west a distance of 490.88 feet to a point thence

dary of Steadman Street; still along said road north 10° 37' 52" west 37.26 feet to the Lowell-Chelmsford boundary; Thence north along the westerly boundary of Stead- man Street on a curved line having a radius of 371.70 Thence north 62° 10' 58" west one thousand eight feet and a length of 132.41 feet thence north 06° 49' hundred eighty-one and 77/100 (1,881.77) feet to the 50" west a distance of 490.88 feet to a point thence point of beginning, containing approximately 38.00

still along said road north 10° 37' 52" west 37.26 feet acres, and further shown as a Parcel of land on a cer- to the Lowell-Chelmsford boundary; tain plan on file with the Town Clerk and the Town Engineer, entitled Plan of Land in Chelmsford, Mass- Thence north 62° 10' 58" west one thousand eight achusetts, Scale 1"=40', February 22, 1986, by Howe hundred eighty-one and 77/100 (1,881.77) feet to the Surveying Associates, for the purpose of open space point of beginning, containing approximately 38.00 land, and/or active and passive recreation areas, and acres, and further shown as a Parcel of land on a cer- to see if the Town will vote to raise and appropriate, tain plan on file with the Town Clerk and the Town transfer and appropriate from available funds, Engineer, entitled Plan of Land in Chelmsford, Mass- transfer and appropriate from the Stabilization Fund, achusetts, Scale 1"=40', February 22, 1986, by Howe transfer and appropriate from revenue sharing funds, Surveying Associates, for the purpose of creation of and/or borrow a certain sum of money to defray all

an ash depository, and to see if the Town will vote necessary costs, fees and expenses in connection with to raise and appropriate, transfer and appropriate the acquisition of said land and for paying any dam- from available funds, transfer and appropriate from ages which may be awarded as the result of any such the Stabilization Fund, transfer and appropriate from taking; or act in relation thereto. revenue sharing funds, and/or borrow a certain sum of money to defray all necessary costs, fees and ex- Board of Selectmen penses in connection with the acquisition of said land and for paying any damages which may be awarded ARTICLE 14. To see if the Town will vote to authorize as the result of any such taking; or act in relation the Board of Selectmen to engage engineers, appraisers, thereto. attorneys and other necessary consultants for the purpose of development and establishment of a Resource Recovery Board of Selectmen Facility and to determine any effects of said facility on the Town of Chelmsford and to execute all necessary and pro- ARTICLE 13. To see if the Town will vote to authorize per contracts and agreements, and further to see if the the board of Selectmen to acquire in fee simple, by pur- Town will vote to raise and appropriate, transfer from avail- chase, by eminent domain or otherwise, the property with able funds or amend Article 38 of the Annual Town the buildings and trees thereon beginning at the most Meeting of 1985 to remove the conditions regarding the northwesterly corner of the parcel at the intersection of the payment of funds, and appropriate and transfer therefrom, lot line and the Lowell-Chelmsford boundary line, running a certain sum of money to defray all necessary costs, fees along said lot line south 13° 46' 36" west two hundred eight and expenses, with all said contracts to be made under the and 35/100 (208.35') feet: supervision of the Board of Selectmen; or act in relation thereto. Thence south 88° 55' 09" east one hundred fifty and 63/100 (150.63') feet; Board of Selectmen

02° 58' 00" Thence south west seven hundred seven- ARTICLE 15. To see if the Town will vote to authorize teen and 78/100 (717.78') feet; the Board of Selectmen to engage engineers, appraisers, 90

attorneys, architects, and other necessary consultants for Requirements and restrictions applicable the purpose of preparing and designing all documents re- to mobilehome parks quired to design and construct repairs to the Center Fire Station for the Town of Chelmsford, and further to see if As stated in this chapter, licensee meaning Chelmsford the Town will vote to authorize the Board of Selectmen to Mobile Park Inc. would have to file and appear before a negotiate and execute all necessary and proper contracts (Governmental board commission or body) to request a per- and agreements thereto, and further to see if the Town will mit for change of use or discontinuance of Mobile Park. vote to raise and appropriate, transfer and appropriate from available funds, or borrow a certain sum of money Prior correspondence forwarded to Chelmsford Mobile

to defray all necessary costs, fees, and expenses; or act in Park Inc. , as to if there had been any filing as to a change relation thereto. of use or discontinuance of Mobile Park and if so, as to what Governmental commission board or Body filing tran- Board of Selectmen sacted? As of date no reply.

ARTICLE 16. To see if the Town will vote to raise and Mass. General Laws Chapter 140 Section 32C, 32F appropriate or appropriate and transfer from available funds the sum of forty-six thousand two hundred and six- This section and preceding sections which designate ty dollars ($46,260.00) to Line Item 65. Nashoba Valley Board of Health as (licensing body), for mobile home park Regional High School Assessments; or act in relation and which authorized Board of Health to adopt rules and thereto. regulations to aid the enforcement of licensing provisions does not preempt the field of trailer park regulations but Finance Committee rather leaves to the town substantial authority to impose further restrictions of the operation of trailer parks. ARTICLE 17. To see if the Town will vote to authorize the Board of Selectmen to acquire in fee simple by pur- The rule making power of the Board of Health with chase, eminent domain, or otherwise, the property located respect to the licensing of mobile home parks is not on Fletcher Street, in the Town of Chelmsford, and fur- restricted to the adoption of rules relating to public health. ther described as Parcel 1 and Parcel 2 on a certain plan filed with the Town Engineer entitled, "Plan Showing Tak- AMENDMENT ings for Widening of Fletcher Street, Chelmsford, Massa- chusetts", prepared for the Town of Chelmsford, Scale That the Board of Selectmen Town of Chelmsford, thru 1"=20', September 8, 1986 by Harry R. Feldman, Inc. Land cooperation of Chelmsford Town Counsel James Harrington Surveyors, 112 Shawmut Avenue, Boston, Massachusetts for and in accordance with Mass. General Law Chapter 140 the purpose of constructing improvements and widening Section 32C, 32F, Designate the Board of Health Town of Fletcher Street as part of the Chelmsford Street/Fletcher Chelmsford as Governing Body and any actions in behalf Street intersection improvements; and to see if the Town of the Chelmsford Mobile Park Inc. as to Discontinuance will vote to raise and appropriate, transfer from available or change of Chelmsford Mobile Park would have to be funds, transfer and appropriate from Article 21 of the An- filed and heard by the Board of Health, Chelmsford, Mass- nual Town Meeting of 1985 or borrow a certain sum of achusetts. money to defray all necessary costs, fees and expenses in connection with the acquisition of said land and for pay- That the Board of Health Town of Chelmsford require ing any damages which may be awarded as a result of any that the Chelmsford Mobile Park Inc. (Owners) get a per- such taking; or act in relation thereto. mit for such a discontinuance or use or change. That the Chelmsford Mobile Park Inc. (Owners) must give at least Board of Selectmen 15 days written notice that they will be appearing before the proper authorities to request such a permit. This notice

ARTICLE 18. To see if the Town will vote to rescind requirement is to give you the chance to oppose the gran- the acceptance of the provisions of Massachusetts General ting of the permit; or act in relation thereto. Laws, Chapter 48, Section 42, or corresponding provisions of earlier laws, as accepted at the Annual Town Meeting Petition in 1954 establishing a fire department to be under the control of officer to be known as the chief of the department, Hereof fail not and make return of this Warrant with and to see if the Town will vote to accept the provisions your doings at the time and place of said meeting. of Massachusetts General Laws, Chapter 48, Section 42A, establishing a fire department under the direction of the Given unto our hands this 8th day of September, A.D. Selectmen; or act in relation thereto. 1986.

Board of Selectmen John P. Emerson, Jr., Chairman

Dennis J. Ready, Vice Chairman ARTICLE 19. To see if the Town will vote that Bonita A. Towle, Clerk Reference: Mass. General Law Chapter 140 Section 32L Roger A. Blomgren

Paragraph (8) Henrick R. Johnson, Jr. 91

COMMONWEALTH OF MASSACHUSETTS shown on a set of plans, entitled Plan of Sewer Easement in Chelmsford, Massachusetts, Center Interceptor Sewer, MIDDLESEX, SS. SEPTEMBER 10, 1986 prepared for the Chelmsford Sewer Commission, September, 1986, scale 1 inch = 40 feet, by Howe Survey- Pursuant to the within Warrant, I have notified and ing, copies of which are on file in the office of the Town warned the Inhabitants of the Town of Chelmsford by Engineer and are incorprated herewith, for the purpose posting up attested copies of same at the following places, of constructing and maintaining gravity sewers, force to wit: Town Offices Building Gymnasium; Harrington mains, pumping station, and all other appurtenances School Gymnasium; Harrington School Gymnasium; thereto with said funds required to defray all necessary Westlands School Gymnasium; Byam School Cafetorium; costs, fees, and expenses in connection with the acquisi- Westlands School Cafeteria; Harrington School Gym- tion of said land and for paying any damages which may nasium; McCarthy Junior High School Cafeteria; South be awarded as the result of any such taking to be expend- Row School Auditorium; South Row School Auditorium; ed from the Sale of Bonds and/or notes authorized from Westlands School Cafeteria; McCarthy Junior High School Article 31 of the Annual Town Meeting of 1984. Cafeteria; fourteen days at least before the time appointed for holding the meeting aforesaid. UNDER ARTICLE 2 Chairman of the Sewer Commis- sion, John Emerson, moved that the town vote to accept William E. Spence the provisions of Massachusetts General Law, Chapter 83, Constable of Chelmsford Section 16, Paragraphs A through F, inclusive regarding sewer user charge liens and the related powers and methods A True Copy Attest, of collection of liens to be placed on property in the case of nonpayment of sewer user charges. William E. Spence

Constable of Chelmsford The Finance Committee recommended the article. The Selectmen recommended the article. The Moderator asked SPECIAL TOWN MEETING for a voice vote, motion carried, unanimously. September 25, 1986 UNDER ARTICLE 3 The Moderator explained the The Special Town Meeting was called to order at 7:55 motion. The Finance Committee recommended the arti- PM by the Moderator Dennis McHugh, at the McCarthy cle. Francis Yanuskiewicz of Weston and Sampson answered questions from the Town Meeting Body. One of the con- Jr. High School Auditorium. The Moderator recognized the presence of a quorum, there were 469 voters present. cerns was if someone lived on a corner lot would they be charged twice the amount for running the lines from the Selectman Emerson moved that the reading of the Con- house to the street? No they would not, one rate was going stable's return of service and the posting of the warrant be to be charged regardless if the house is located on a corner waived. It was so voted, unanimously. Selectman Emerson lot or not. More discussion took place. The Moderator moved that the reading of the entire warrant be waived. asked for a voice vote, motion carried, unanimously. The It was so voted, unanimously. article reads as follows:

The Moderator gave a brief explanation of the Town Chairman of the Sewer Commission, John Emerson, Meeting procedures. moved that the town vote to adopt the system of Sewer Bet- terment Assessments and Sewer Privilege Fees, dated September 1986, as prepared by Weston and UNDER ARTICLE 1 Chairman of the Sewer Commis- 8, Sampson sion, John Emerson, explained the article. He then asked Engineers, Inc., copies of which are on file with the office for permission from the Moderator, for a representative of the Board of Selectmen, and Town Clerk, and are in- from Weston and Sampson (the firm hired by the Sewer corporated herewith and appear as follows:

Commission) to speak if further explanation is needed, on this article and the next two. The Moderator asked for a BETTERMENT ASSESSMENTS AND voice vote, motion carried, unanimously. Francis SEWER PRIVILEGE FEES Yanuskiewicz, of Weston and Sampson, came forward and TOWN OF CHELMSFORD, MA introduced himself as the firm's engineer. The Finance SEPTEMBER 8, 1986 Committee recommended the article. The Board of Select- men recommended the article. The Moderator asked for Section 1. General a voice vote on the article, motion carried, unanimously. The article reads as follows: Chairman of the Sewer Com- The Town of Chelmsford, acting through its Sewer Com- mission, John Emerson moved that the Town vote to mission, shall assess the owners of land abutting a public authorize the Board of Selectmen and/or the Sewer Com- sewer line installed by the Town by a rate based upon the missioners to acquire any and all temporary and/or per- uniform unit method. Sewer assessments shall be deter- manent easements, and any property in fee simple with mined utilizing sewer unit values and shall be levied as bet- the buildings and trees thereon by purchase, eminent do- terment assessments or sewer privilege fees as described main, or otherwise, for the property located in the Town herein. of Chelmsford, Massachusetts, and further described and 92

The Chelmsford Center Industrial Sewer District as dex. The time of assessment for lands abutting the sewer described herein shall be empowered to levy assessments line shall be that date upon which the sewer system with against properties within its jurisdiction. Assessments appurtenances is "approved for use." In the case where the charged against residential properties within the District construction of that portion of the sewer system (lateral shall be equivalent to the assessments charged by the Town sewers) partially funded by betterments is completed prior of Chelmsford Sewer Commission against those residential to the date upon which the sewer system is "approved for properties within the Town but outside the jurisdiction of use" it shall be within the powers of the Sewer Commission the District. to establish an earlier date of assessment.

The authority to assess betterments, as well as the per- 2.2.2 Sewer Privilege Fees mitted methodologies for doing so, are described in Chapter 80 "Betterments" and Chapter 83 "Sewers", Drains, For those properties not abutting the sewer line but tie- and Sidewalks", Sections 14 and 24 of the General Laws ing into the system at a future date, the time of assessment of the Commonwealth of Massachusetts. shall be the date upon which that property connects into the sewer system. If any provision of these regulations or the application thereof to any person or circumstances is held invalid, such 2.3 Sewer Unit Value Determination invalidity shall not affect other provisions or applications of these regulations which can be given effect without such The sewer unit value shall be determined as follows: invalid provisions or applications.

One Sewer Unit ($) = $1000.00 X ENR— Boston Index (1) Section 2. Method of Assessing Betterments 4290 (2)

2.1 General 1. ENR— Boston Index at the time of assessment as described in Section 2.2 The Town of Chelmsford shall assess sewer betterments 2. ENR— Boston Index for May 1984 (Date of Annual the unit users shall based upon uniform method. Sewer be Town Meeting wherein local monies were ap- assessed a rate proportional to the value to the by assigned propriated for design and construction of the North sewer unit the time of assessment. rate shall at Said be Chelmsford and Chelmsford Center Sewer Project). determined by user class and shall apply to all lands developed or underdeveloped abutting the aforemention- Section 3. Sewer Unit Designation ed public sewer line. The total assessments shall not exceed the local share of the total sewer project cost which 3.1 General shall include total costs of engineering survey and design, construction, land acquisition, construction engineering Sewer units shall be designated based upon the user class services and all related contingencies less all state and of those properties to be assessed a betterment. Said classes federal aid received. shall include residential and non-residential. The non- residential class shall include commercial, industrial, The Commission shall levy assessments against all pro- municipal and any or all other non-residential properties. perties abutting a sewered street within six months after Special provisions are made herein for those properties completion of the pertinent construction contract. In the located within the Chelmsford Center Industrial Sewer Order of Assessment they shall designate the of each owner District. parcel as of the preceding January 1st as liable to assessment as stipulated under the provisions the General of Properties receiving direct benefit from the public sewer Laws. system, whether developed or undeveloped shall be designated a number of sewer units in accordance with pro- 2.2 Time of Assessment cedures adopted during the Chelmsford Sewer Commis- sion meeting held on July 9, 1986. 2.2.1. Betterments

The basis for determining the sewer unit value shall be 3.2 Sewer Unit Determinations in accordance with Article 31 of the Adjourned Session of the Annual Town Meeting of May 7th, 1984, and any Sewer 3.2.1 Residential, Developed Commission actions taken relative thereto. In accordance with a motion made during the February 16, 1984 meeting 3.2.1.1 Single family dwellings shall comprise one of the Chelmsford Sewer Commission, the equivalent sewer unit. monetary value of one sewer unit shall be set at one thousand dollars ($1000.00). Construction cost increases and 3.2.1.2 Duplex dwellings shall comprise two sewer the related inflationary effects upon the aforementioned units. local share of said construction costs shall be reflected within the sewer unit value at the time of assessment bas- 3.2.1.3 Three-family dwellings shall comprise three ed upon the Boston Engineering News Record (ENR) In- sewer units. 93

3.2.1.4 Four-family dwellings shall comprise four in effect at the time of assessment. Each sewer units. potential dwelling unit shall then comprise one sewer unit. 3.2.1.5 Multiple family dwellings (in excess of four dwelling units) shall comprise a number of 3.2.4 Non-Residential, Undeveloped sewer units based on the following methodology: 3.2.4.1 Undeveloped lots shall be converted into a maximum anticipated water consumption on 3.2.1.5.1 Rental properties (apartments) the basis of the Zoning By-Laws. An shall be assessed one sewer unit for equivalent number of sewer units shall then each apartment with more than be determined utilizing the formula described one bedroom. Rental properties for non-residential, developed properties in shall be assessed one half of one Section 3.2.2.2 of this section. sewer unit for each one bedroom or studio apartment. Section 4. Betterment Payment

3.2.1.5.2 Condominium complex shall be 4.1. General assessed one sewer unit for each dwelling unit. Except as herein provided, the provisions of the General Laws relative to the assessment, apportionment, division, 3.2.2 Non-Residential, Developed re-assessment, abatement, and collection of sewer assessments, to liens therefor, and to interest thereon shall 3.2.2.1 Non-residential buildings shall include all in- apply to assessments made under this by-law, and the Tax dustrial, commercial and municipal pro- Assessor of the Town shall have all of the powers conveyed perties. by the General Laws.

3.2.2.2 Non-residential buildings which are metered 4.2 Lump Sum Betterment for water use shall comprise a number of sewer units based upon water consumption using The lump sum betterment payment for an assessed pro- the following formula: perty shall be equivalent to the product of the total number of sewer units designated upon said property and the ap- Non-residential water usage propriate value for one sewer unit at the time of assessment. in gallons per day (gpd) = equivalent number Said values shall be determined as described herein. of sewer 300 gpd units 4.3 Apportionment of Betterment Payment (All decimals shall be rounded up to the nearest whole number.) Property owners shall have the option to finance betterment payments through apportionment. The interest rate 3.2.2.3 Non-residential buildings not metered for charged by the Town shall be 2 percent greater than the water use shall be assigned a water consump- project bond rate being paid by the Town for the sewer tion volume based on Title 5 (Part 2, Section construction project. 13) of the State Environmental Code for the Commonwealth of Massachusetts. Minimum 4.4 Betterment Deferral Requirements for the Subsurface Disposal of Sanitary Sewage. An equivalent number of The provisions of Massachusetts General Laws, Chapter sewer units shall then be determined by us- 80, Section 13B, with regard to deferral of betterment ing the following formula: assessments were adopted by the Town under Article 31 at

the May 7, 1984 Adjourned Session of the Annual Town Non-residential sewage Meeting. in gallons per day (gpd) = equivalent number 240 gpd of sewer units Section 5. Sewer Privilege Fee

(All decimals shall be rounded up to the nearest whole 5.1 Private Sewer Extension number.)

If a private developer or a person other than the Town 3.2.3 Residential, Undeveloped of Chelmsford or duly authorized representative of same constructs a sewer extension to the public sewer system, the 3.2.3.1 Undeveloped lots shall be converted into Town shall assess a sewer privilege fee in lieu of betterment dwelling units on the basis of maximum assessment against each property tieing into said sewer ex- number of buildable dwelling lots using the tension. The sewer privilege fee shall be equivalent to six- applicable minimum frontage and area re- ty percent of the calculated betterment assessment value quirements as directed in the Zoning By-Laws pertinent to each property as determined following pro- 94

cedures outlined in Section 3 of these regulations. Sewer assessment. All rules and regulations governing the pay- privilege fees shall be levied at the time of connection to ment and method of payment related to betterment the public sewer system. Property owner options for pay- assessments as designated in Sections 4.2 and 4.3 of these ment of said fees shall reflect those related to payment of regulations shall apply. betterment assessments as described in Sections 4.2 and 4.3 of these regulations. Section 6. Chelmsford Center Industrial Sewer District

In addition, property owners connecting to a private 6.1 General sewer extensions shall bear the burden of all costs related to the following: In accordance with the Legislative Act of the Great and General Court of the Commonwealth of Massachusetts — Review of design plans and specifications for the establishing the Chelmsford Center Industrial Sewer private sewer extensions to be accepted as part of the District (herein after referred to as the District) enacted municipal sewer system conducted by a Registered on the 23rd of October, 1985, all properties located within Professional Engineer as authorized by the the District and tieing into a District sewer system shall be Chelmsford Sewer Commission. exempt from betterment assessments and sewer privilege

fees as described in Sections 1 through 5 of these regula- — Inspection fees related to the installation of the tions. This exemption applies only to betterments assessed private sewer line tieing into the public sewer system. by the Town of Chelmsford through its Sewer Commission and does not apply to betterments or sewer assessments the

— Application fees for a Building Sewer Installation District is empowered to assess through the provisions of Permit, which shall include costs related to installa- the aforementioned Act and modifications thereto. tion inspection performed by an inspector for the Town of Chelmsford. Said fees are described within 6.2 Dissolution of District the Town of Chelmsford Sewer Use Regulations, Ar- ticle IV, Section 2 as adopted by the Town of Chelms- Upon termination or dissolution of the District, the Town ford Sewer Commission on September 23, 1986. of Chelmsford Sewer Commission shall be authorized to assess privilege fees against properties tieing into sewers Costs associated with the design and construction of a formerly under District authority. Said assessments shall private sewer extension shall be considered separate to the be levied and collected by the Town of Chelmsford Sewer sewer privilege fee. Payments or method of payment related Commission in accordance with the provisions of these to these costs shall not be reflected within the sewer privilege regulations and the revenue may be utilized to retire any fee. debt left by the District or to defray any sewer costs related thereto 5.2 Public Sewers on Unaccepted Ways Assessments and fees being based upon the uniform unit If a property abuts a private or unaccepted way within method in said above accordance with and under the which a public sewer has been installed or if a property authority of Chapter 80 "Betterments" and Chapter 83 lies within one hundred (100) feet of a public sewer within "Sewer, Drains and Sidewalks", Section 14 through 24, in- a private or unaccepted way, the Town shall assess a sewer clusive, of the General Laws of the Commonwealth of privilege fee in lieu of betterment assessment against said Massachusetts. property. The sewer privilege fee shall be equivalent to the betterment assessment value pertinent to said property as determined following procedures outlined in Section 3 of UNDER ARTICLE 4 Town Counsel, James Harr- ington, explained the legal of the article. these regulations and shall be levied at the time of con- purpose The Finance Committee the article. discus- nection to the public sewer. All rules and regulations gover- recommended A sion took place. Moderator asked for a voice vote ning the payment and method of payment related to The on the article, motion carried, unanimously. article reads betterment assessments as described in Sections 4.2 and The as follows: 4.3 of these regulations shall apply.

Selectman John Emerson, moved that the Town vote to 5.3 Compensatory Sewer Privilege Fee authorize the Selectmen to petition the General Court to enact Amendments to Chapter 420 of the Acts of 1985 In the situation where a betterment has been assessed substantially in the following form or in such other form to an undeveloped property based upon the estimated as the General Court may deem appropriate for the pur- number of developable dwelling units as required by these poses specified in this Article: regulations and said property is ultimately developed to accommodate a number of dwelling units in excess of the number estimated for determining the betterment, assessment, the Town shall assess a compensatory sewer privilege fee. This fee shall be equivalent to that sum of money that would have been charged as a betterment assessment upon the additional dwelling units at the time of the original 95

AN ACT RELATING TO THE CHELMSFORD CENTER to be benefited and shall be subject to such tax. A INDUSTRIAL DISTRICT AND THE certified list of the estates exempt from taxation TOWN OF CHELMSFORD under the provisions of this section shall be sent by said board to said assessors. The assessment shall be Be it enacted, etc., as follows: committed to the Town Collector, who shall collect said tax in the manner provided by law for the col-

SECTION 1. Section 5 of Chapter 420 of the acts of 1985 lection of town taxes, and shall deposit the proceeds is hereby amended by striking out the third paragraph and thereof with the district treasurer for the use and inserting in place thereof the following paragraph: — benefit of the district. The district may collect interest on overdue taxes in the manner in which in-

The fees, rates, rents, assessments, abatements and terest is authorized to be collected on town taxes. other charges established by the board shall not be

subject to supervision or regulation by any depart- SECTION 4. Section 10 of said chapter 420 is hereby ment, division, commission, board, bureau, or agen- amended by striking out the fifth, sixth and seventh cy of the Commonwealth or any of its political sentences and inserting in place thereof the following subdivisions, including, without limitation, the town, sentences: —The outstanding debt of the district shall not nor shall the district be subject to the provisions of exceed, in the aggregate at any one time, three million Section twenty A of chapter fifty-nine of the General dollars, excluding temporary notes in anticipation of Laws. Notwithstanding the foregoing, except to the revenue or federal, state, local or other grants or aid. Each extent of betterments assessed by the board and ex- authorized issue shall constitute a separate loan and such cept as provided in section eight, the board shall have loans shall be payable in not more than twenty years from no power of taxation. Except for payment of prin- their dates. Any indebtedness issued under this act with cipal of and interest on bonds or notes of the district, the exception of renewal notes issued pursuant to section the board's operating budget shall be limited to the six or refunding bonds issued pursuant to section nine shall sum of five thousand dollars for current ad- be issued within three years of the effective date of this act. ministrative expenses approved by the board in the

year nineteen hundred and eighty-five. Each year SECTION 5. Said chapter 420 is hereby further amend- thereafter said sum may be increased two and one- ed by adding the following section: — half per cent per year. SECTION 10A. The treasurer of the Town of Chelms-

SECTION 2. Section 6 of said chapter 420 is hereby ford, with the approval of the Selectmen, may finance the amended by striking out in line three the words "two construction of sewers or sewerage systems within the district million" and inserting in place thereof the words: —three by applying the proceeds of any bonds or notes issued or million. to be issued under the vote passed by the town under article thirty of the warrant for the Annual Town Meeting of

SECTION 3. Section 8 of said chapter 420 is hereby nineteen hundred and eighty-four. Such proceeds may be amended by adding the following two paragraphs: — applied for said purposes only in accordance with a contract between the town and the district, authorized and To the extent that moneys therefor are not otherwise executed by the Selectmen of the town and the district provided, a sum sufficient to pay the principal and Sewer Commissioners, that provides for payments by the interest coming due within the year on the district's district to the town to pay the district's share of the prin-

general obligation bonds or notes issued hereunder cipal of and interest on the bonds or notes and related is-

shall be appropriated and, even if it is not ap- suance costs incurred by the town. propriated, shall be raised by taxation. In order to provide such sum in each year and notwithstanding Such bonds or notes of the town shall not be subject to any other provisions herein to the contrary, all tax- the provisions of this act relating to bonds or notes of the able property in the district shall be subject to ad district issued hereunder. Such bonds or notes shall remain valorem taxation by the district without limitation general obligations of the town and shall be subject to the as to rate or amount. provisions of chapter forty-four of the General Laws, and the validity of the town's bonds or notes shall not depend The assessors of the Town shall assess taxes levied upon the validity or enforceability of any contract between under this act on property within the district in the the town and the district. same manner in all respects in which town taxes are required by law to be assessed; provided, that no SECTION 6. This act shall take effect upon its passage. estate shall be subject to any tax assessed on account

of the system of sewerage under this act if, in the judg- UNDER ARTICLE 5 Selectman John Emerson, moved ment of the board, after a hearing due notice whereof that the Town vote to authorize the Selectmen to petition

shall have been given, such estate is so situated that the General Court to enact amendments to Chapter 420 the buildings thereon, or the buildings that might of the Acts of 1985 substantially in the following form or be constructed thereon, could not be connected with in such other form as the General Court may deem ap- said system in any ordinary or reasonable manner; propriate for the purposes specified in this Article: but all other estates in the district shall be deemed 96

An Act relating to the Chelmsford Center Industrial Northwesterly along 3 to 495; thence Westerly from District and the Town of Chelmsford. 495 to River Meadow Brook; thence Southwesterly over various courses along River Meadow Brook, to

Be it enacted, etc., as follows: Billerica Road, northwesterly along Billerica Road to Turnpike Road, then Southeasterly along Turnpike

Section 1. Section 4 (k) of Chapter 420 of the acts of 1985 Road to River Meadow Brook; thence continuing is hereby amended by inserting the following paragraph Southeasterly along Turnpike Road to Mill Road, in- after Line 13 of Section 4 (k) to exercise all the powers and cluding all abutting properties to the industrial sewer privileges of, and to be subject to limitations upon, Town, construction along Turnpike Road; thence Easterly regarding, powers of Eminent Domain, including but not along Mill Road, approximately one thousand five limited to General Law Chapter 40, Chapter 79, and hundred feet (1,500') to the RB-IA zoning boundary

Chapter 82 , for the purpose of powers authorized under line including all abutting properties to the industrial said act, and any amendments thereto, and to pay for any sewer construction along Mill Road; thence South- such takings with or from funds, raised or obtained under easterly to the Billerica Town Line; thence North- said act, and any amendments thereto, provided, however, easterly along said Town Line to the point of that any requirements in said Sections or Chapters for a beginning; vote by the Board of Selectmen or other governing body of a town or a vote by the voters of a town shall be satisfied Said territory and area is more particularly describ- by a vote or resolution duly adopted by the Board in ac- ed on a plan entitled "Proposed Amended Plan for cordance herewith. the Chelmsford Industrial Sewer District Scale 1"=1000', September, 1986", prepared by Weston and

Section 2. This act shall take effect upon its passage. Sampson Engineering, Inc.

The Finance Committee recommended the article. A SECTION 2. This act shall take effect upon its passage. number of questions were asked by the Town Meeting Body. The Moderator asked for a voice vote, motion carried, UNDER ARTICLE 7 Selectman John Emerson, mov- unanimously. ed that the Town vote to dismiss this article. The Finance Committee recommended dismissal. The Moderator asked for a voice vote, motion carried, unanimously. UNDER ARTICLE 6 Sewer Commissioner, John Emer- son, explained that this district is paying for its own in- UNDER ARTICLE 8 Town Treasurer, James stallation of lines etc. By allowing this district the Town Doukszewicz, moved that the Town vote to accept General is not responsible for any payments, and asked the Body Law Chapter 40 Section 57, authorizing the Town of to allow the district to be expanded. The Finance Com- Chelmsford to enact By-Laws and/or ordinances relative mittee recommended the article. The Moderator asked for to the Grant or Renewal of Licenses as affected by non- a voice vote, motion carried, unanimously. The article payment of local taxes and fees. reads as follows:

Town Treasurer, James Doukszewicz, explained the pur- Selectman John Emerson, moved that the Town vote to pose of the article. A discussion took place, James authorize the Selectmen to petition the General Court to Doukszewicz answered questions. The Finance Committee enact Amendments to Chapter 420 of the Acts of 1985 recommended the article. The Moderator asked for a voice substantially in the following form or in such other forms vote on the motion, motion carried. as the General Court may deem appropriate for the purposes specified in this Article: UNDER ARTICLE 9 Town Treasurer, James Doukszewicz, explained that this is the by-law that would An Act relating to the Chelmsford Center Industrial enforce the action voted on under article eight. The District and the Town of Chelmsford. Moderator asked for any more discussion, hearing none, he asked for a voice vote, motion carried. The article reads Be it enacted, etc. as follows: as follows:

SECTION 1. Section 1 of Chapter 420 of the Acts of 1985 Town Treasurer, James Doukszewicz, moved that the is hereby amended by striking the entire Section 1. and in- Town vote to amend the General By-Laws Article VII — serting the following in its place. Miscellaneous, by adding Section 12. Grant or Renewal of all local license and/or permits. SECTION 1. The following described area, together with all those inhabitants of the Town of Chelmsford Section 12. Grant or Renewal of all local license and/or within said territory shall constitute a Sewer District permits. and is hereby made a body corporate entitled the Chelmsford Center Industrial Sewer District 1. Definitions (hereinafter referred to as the District).

In this By-Law, the following terms have the follow- Said Districts territory and area are bounded and ing meaning: described as follows: 97

(a) License: shall mean any and all licenses or per- municipal charges, payable to the municipality as the mits, issued by any Town of Chelmford Board, date of issuance of said certificate. division, officer, or department, and shall include all renewals and transfers. 5. Any party shall be given an opportunity to enter in- to a payment agreement, thereby allowing the licen- (b) Licensing authority: any Town of Chelmsford sing authority to issue a certificate indicating said Board, division, officer or department, with limitations to the license or permit and the validity jurisdiction over the issuance of any license or of said license shall be conditioned upon the satisfac- permit. tory compliance with said agreement. Failure to comply with said agreement shall be grounds for the 2. The Town of Chelmsford Board, division, officer or suspension or revocation of said license or permit; department, with jurisdiction over the issuance of any provided, however, that the holder be given notice license, shall have the authority to deny any applica- and a hearing as required by applicable provisions tion for, or revoke or suspend any license within its of law. jurisdiction, for any person, partnership, corporation, trust, business entity or enterprise who and/or which 6. The Board of Selectmen may waive such denial,

has neglected, refused, or failed to pay any local suspension or revocation if it finds there is no direct taxes, fees, assessments, betterments, or any other or indirect business interest by the property owner,

municipal charge. its officers or stockholders, if any, or members of his immediate family, as defined in section one of chapter 3. The Tax Collector or other municipal official respon- two hundred and sixty-eight in the business or ac- sible for records of all municipal taxes, assessments, tivity conducted in or on said property. betterments and other municipal charges, hereinafter

referred to as the Tax Collector, shall annually fur- 7. This by-law shall not apply to the following licenses nish to each department, board, commission or divi- and permits: open burning; section thirteen of sion, hereinafter referred to as the licensing authority, chapter forty-eight; bicycle permits; section eleven that issues licenses or permits including renewals and A of chapter eighty-five; sales of articles for charitable transfers, a list of any person, partnership, corpora- purposes, section thirty-three of chapter one hundred tion, trust, business entity or enterprise, hereinafter and one; children work permits, section sixty-nine of referred to as the party, that has neglected or refus- chapter one hundred and forty-nine; clubs, associa- ed to pay any local taxes, fees, assessments, bet- tions dispensing food or beverage licenses, section terments or other municipal charges for not less than twenty-one E of chapter one hundred and forty; dog a twelve month period, and that such party has not licenses, section one hundred and thirty-seven of filed in good faith a pending application for an chapter one hundred and forty; fishing, hunting, abatement of such tax or a pending petition before trapping license, section twelve of chapter one hun- the appellate tax board. dred and thirty-one; marriage licenses, section twenty-eight of chapter two hundred and seven and 4. The licensing authority may deny, revoke or suspend theatrical events, public exhibition permits, section any license or permit, including renewals and one hundred and eighty-one of chapter one hundred transfers of any party whose name appears on said and forty. list furnished to the licensing authority from the Tax

Collector; provided, however, that written notice is Normand Lebrecque moved to take Article 18 out of given to the party and the Tax Collector, as required order. The Finance Committee and the Board of Select-

by applicable provisions of law, and the party is given men were against the motion. A discussion took place. The a hearing, to be held not earlier than fourteen days Moderator asked for a voice vote, motion defeated.

after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The Tax Collector shall UNDER ARTICLE 10 Selectman John Emerson, mov- have the right to intervene in any hearing conducted ed that the Town vote to authorize the Board of Selectmen with respect to such license denial, revocation or to acquire any and all temporary and/or permanent suspension. Any findings made by the licensing easements, and any property in fee simple with the authority with respect to such denial, revocation or buildings and trees thereon, by purchase, by eminent do- suspension shall be made only for the purposes of main or otherwise, the following parcels A-D described as such proceeding and shall not be relevant to or in- follows: troduced in any other proceeding at law, except for any appeal from such license denial, revocation or Parcel A. suspension. Any license or permit denied, suspend-

ed or revoked under this section shall not be reissued Parcel Numbers 1, la, and 2 on a certain plan on or renewed until the license authority receives a cer- file with the Town Engineer and incorporated here- tificate issued by the Tax Collector that the party is with entitled "Easement Plan of Land in Chelmsford, in good standing with respect to any and all local MA prepared for the Town of Chelmsford, Scale taxes, fees, assessments, betterments or other 1"40', by Vanasse/Hangen Engineering, Inc.-, Con- 98

suiting Engineers and Planners, 60 Birmingham spoke against the motion to take Article 14 out of order. Parkway, Boston, Massachusetts dated October 29, The Finance Committee was in favor of taking the article 1984 sheet 2 of 6." out of order. A lengthy discussion took place. The Moderator asked for a voice vote, motion defeated. Parcel B. UNDER ARTICLE 12 The Board of Selectmen were Parcel Number 9 on a certain plan on file with the against this article. Chairman of the Finance Committee Town Engineer and incorporated herewith entitled Elizabeth Marshall, spoke against the article. A lengthy "Easements Plan of Land in Chelmsford, MA discussion followed. A number of residents spoke against prepared for the Town of Chelmsford, Scale 1"40', the article. Linda Allen moved the question to stop debate. by Vanasse/Hangen Engineering, Inc., Consulting The Moderator asked if there was any need for further Engineers and Planners, 60 Birmingham Parkway, discussion, hearing none he asked for a voice vote on the Boston, Massachusetts dated October 29, 1984, sheet article, motion defeated. (See warrant for original wording 4 of 6." of the article.)

Parcel C. UNDER ARTICLE 13 Selectman Henrick Johnson spoke against the article. He felt that the Town should not

Parcel Numbers 3, 4, 5, 6, and 7 on a certain plan buy the land without knowing if the land is contaminated on file with the Town Engineer entitled "Easement or not. The Finance Committee was against the article. Plan of Land in Chelmsford, MA prepared for the Selectman Bonita Towle spoke in favor of buying the land, Town of Chelmsford, Scale 1"40', by Vanasse/Hangen as did Selectman Dennis Ready. A discussion followed. Engineering, Inc., Consulting Engineers and Plan- Selectman Ready moved to amend the motion that the emi- ners, 60 Birmingham Parkway, Boston, Massachu- nent domain taking shall be contingent upon a vote of the setts dated October 29, 1984, sheet 5 of 6." town to exempt the bonding from the provisions of Pro-

1 position 2 /2 . The Finance Committee was in favor of the Parcel D. motion to amend. More lengthy discussion took place. Harold Pierce moved the question to stop debate on the Parcel Number 10 on a certain plan on file with the motion to amend. The Moderator asked for a voice vote Town Engineer and incorporated herewith entitled on the motion to stop debate, motion carried unanimous- "Easement Plan of Land in Chelmsford, MA ly. The Moderator then asked for a voice vote on the mo- prepared for the Town of Chelmsford, Scale 1"40', tion to amend, motion defeated. More discussion took by Vanasse/Hangen Engineering, Inc., Consulting piace. Edward Hilliard moved the question to stop debate. Engineers and Planners, 60 Birmingham Parkway, The Moderator asked for a voice vote, motion carried, Boston, Massachusetts, dated October 19, 1984, sheet unanimously. The Moderator then asked for a voice vote 6 of 6." on the article, motion defeated. The Chair was questioned on the voice vote. The Moderator explained then when

for the purpose of construction improvements, widen- an article is defeated there is no need for an actual hand ing, laying out and accepting said portion of Billerica count. He asked for a show of hands, and declared the ar- Road and I move that the Town vote to raise and ap- ticle defeated. (See warrant for original wording of the propriate the sum of four dollars ($4.00) to defray article.) all necessary costs, fees and expenses in connection with the acquisition of said land and for paying any UNDER ARTICLE 14 A discussion took place. Select- damages which may be awarded as the result of any man Dennis Ready moved to amend the article. By inser- such taking. ting the following wording after the word development in the first sentence, "proposed in the City of Lowell." The The Finance Committee and the Board of Selectmen Finance Committee was in favor of the motion. Joseph recommended the article. Motion carried, unanimously. Campobaso moved to amend the motion. After a discussion, he withdrew his motion. More discussion took place. UNDER ARTICLE 11 Selectman John Emerson, Andrew Sims asked the Moderator for permission for Lowell moved that the Town will vote to raise and appropriate the resident Sharon Zawacki, who was a member of the Lowell sum of two thousand five hundred thirty-five dollars and Highlands Council to speak before the Town Meeting Body. forty cents ($2,535.40) with which to meet bills of previous The Moderator asked for a voice vote, motion carried. years. Sharon Zawacki came forward and presented facts and figures about the trash plant, which was being proposed The Finance Committee recommended the article. Mo- to be built on the City of Lowell/Town of Chelmsford Line. tion carried, unanimously. Samuel Poulton moved to amend the motion by inserting the words "in opposition to" after the word report, in the Selectman John Emerson moved to take Article 14 out first sentence. Discussion took place. The Moderator ask- of order. He explained that Articles 12, 13, and 14, all per- ed for voice vote on Selectman Ready's motion. Motion car- tain to the same subject, and felt that Article 14 should ried, unanimously. The Moderator then asked for the be heard first. The action taken might make a difference Finance Committee's recommendation in regards to Samuel with the other two articles. Selectmen Henrick Johnson, Poulton's motion to amend. The Finance Committee was 99

against the motion. James Harrington, Town Counsel, prepared for the Town of Chelmsford, Scale 1"=20', recommended that the Town Meeting Body vote against September 8, 1986 by Harry R. Feldman, Inc. Land the motion. Samuel Poulton moved to withdraw his mo- Surveyors, 112 Shawmut Avenue, Boston, Massachusetts for tion, and he also moved the question to stop debate. The the purpose of constructing improvements and widening Moderator asked if there was any need for further debate Fletcher Street as part of the Chelmsford Street/Fletcher by voice vote, motion carried to stop debate. The Street intersection improvements and I move that the town Moderator then asked for a voice vote on the main motion vote to raise and appropriate the sum of thirteen thousand as amended, motion carried, unanimously. The article eight hundred dollars ($13,800.00) and appropriate and reads as follows: transfer the sum of ten thousand dollars ($10,000.00) from Article 21 of the Annual Town Meeting of 1985 to defray Selectman John Emerson, moved that the Town vote to all necessary costs, fees and expenses in connection with authorize the Board of Selectmen to engage engineers, ap- the acquisition of said land and for paying any damages praisers, attorneys and other necessary consultants for the which may be awarded as a result of any such taking. purpose of preparing a study and report on the development proposed in the City of Lowell and establishment of The Finance Committee recommended the article. Mo- a Resource Recovery Facility and to determine any effects tion carried, unanimously. of said facility on the Town of Chelmsford and to execute all necessary and proper contracts and agreements, and UNDER ARTICLE 18 Selectman John Emerson, mov- further I move that the town vote to amend Article 38 of ed that the Town vote to rescind the acceptance of the pro- the Annual Town Meeting of 1985 to remove the condi- visions of Massachusetts General Laws, Chapter 48, Section tions regarding the payment of funds, and appropriate and 42, or corresponding provisions of earlier laws, as accepted transfer therefrom, the sum of one hundred twenty-five at the Annual Town Meeting in 1954 establishing a fire thousand dollars ($125,000.00) to defray all necessary costs, department to be under the control of officer to be known fees and expenses, with all said contracts to be made under as the chief of the department, and I move that the town the supervision of the Board of Selectmen. vote to accept the provisions of Massachusetts General Laws, Chapter 48, Section 42A, establishing a fire department UNDER ARTICLE 15 Selectman John Emerson, mov- under the direction of the Selectman. ed that the Town vote to authorize the Board of Selectmen to engage engineers, appraisers, attorneys, architects, and The Finance Committee was against the article. Select- other necessary consultants for the purpose of preparing man Ready spoke in favor of the article. Edward Quinn, and designing all documents required to design and con- former Deputy Chief, spoke against the article. He explain- struct repairs to the Center Fire Station for the Town of ed that the department's budget is controlled through the

Chelmsford, and further I move that the town vote to bid process, or union contract, which is done through the authorize the Board of Selectmen to negotiate and execute Board of Selectmen. He explained that a weak chief is sub- all necessary and proper contracts and agreements thereto, ject to political pressures, and could in fact be fired at any and further I move that the Town vote to raise and appoint in time. Under the strong chief before the chief could propriate the sum of forty-five thousand dollars be fired, he/she would be required to have a hearing, and ($45,000.00) to defray all necessary costs, fees, and ex- told the reason for the firing. That way there is a little pro- penses. tection for the chief and avoids political pressure. Select- man Towle spoke in favor. Harold Pierce, stated that he A discussion took place. Harry Pierce moved the ques- has been a firefighter for twenty-five years with the Town, tion to stop debate. The Moderator asked for a voice vote, spoke against the article. The Moderator asked for a voice motion carried, unanimously. The Moderator asked for a vote, motion defeated. voice vote on the article, motion carried, unanimously. UNDER ARTICLE 19 Wayne Richardson, Petitioner, UNDER ARTICLE 16 Chairman of the Finance Com- moved to withdraw this article with the following statement. mittee, Elizabeth Marshall, moved that the Town raise and This petition for amendment to the Mass. General Laws this body. appropriate the sum of forty-six thousand two hundred six- is a valid one, but before being voted upon by pending fur- ty dollars ($46,260.00) and transfer the same to line Item I as the initiator request that it be withdrawn, 65 — Nashoba Valley Regional High School Assessments. ther clarification of the Authority already granted under the applicable sections of the law. The Finance Committee recommended the article. Mo- carried. tion carried, unanimously. The Moderator asked for a voice vote, motion

the Moderator UNDER ARTICLE 17 Selectman John Emerson, mov- Due to no further business being at hand, Motion carried. ed that the Town vote to authorize the Board of Selectmen declared the meeting adjourned. 11:30 PM. to acquire in fee simple by purchase, eminent domain, or unanimously. The meeting adjourned at otherwise, the property with trees thereon located on Flet- St.Hilaire cher Street, in the Town of Chelmsford, and further des- Dennis McHugh Mary E. Clerk cribed as Parcel 1 and Parcel 2 on a certain plan filed with Moderator Town the Town Engineer entitled, "Plan Showing Takings for Widening of Fletcher Street, Chelmsford, Massachusetts", 100

WARRANT FOR STATE PRIMARY Councillor Third Councillor District COMMONWEALTH Senator in General Court Fifth Senatorial District OF MASSACHUSETTS Representative in 16th MLDS Representative General Court District District Attorney Northern District MICHAEL J. CONNOLLY, SECRETARY Sheriff Middlesex County County Commissioner Middlesex County

MIDDLESEX, SS. Hereof fail not and make return of this warrant with your doings thereon at the time and place said To the constable, or any other suitable person of the of meeting. Town of Chelmsford:

GREETING: Given under our hands this 25th day of August 1986.

Respectfully In the name of the Commonwealth aforesaid, you are submitted, hereby requested to notify and warn the inhabitants of P. Emerson, said Town who are qualified to vote in Primaries to vote John Jr., at their several polling places, Viz: Chairman Dennis J. Ready, Vice Chairman Precinct 1. Town Office Building Gymnasium 50 Billerica Road Bonita A. Towle, Clerk Precinct 2. Harrington School Gym Richardson Road Roger A. Blomgren Precinct 3. Harrington School Gym Richardson Road Henrick R. Precinct 4. Westland School Gym Dalton Road Johnson, Jr. Selectmen of the Precinct 5. Byam School Cafeteria Maple Road Town of Chelmsford Precinct 6. Westland School Cafeteria Dalton Road Precinct 7. Harrington School Gym Richardson Road Precinct 8. McCarthy Junior High School, Cafeteria North Road Precinct 9. South Row School, Cafeteria COMMONWEALTH OF MASSACHUSETTS Boston Road Precinct 10. South Row School, Cafeteria MIDDLESEX, SS. August 28, 1986 Boston Road

Precinct 11. Westland School, Cafeteria Dalton Road Pursuant to the within Warrant, I have notified and Precinct 12. McCarthy Junior High School, Cafeteria warned the Inhabitants of the Town of Chelmsford by North Road posting up attested copies of same at the following places, to wit: Town Office Building Gym; Harrington School On Tuesday, the sixteenth (16th) day of September, Gym; Harrington School Gym; Westland School Gym; 1986, from 7 a.m. to 8 p.m. for the following purpose: Byam School Cafeteria; Westlands School Cafeteria; Harrington School Gym; McCarthy Jr. High Cafeteria; To cast their votes in the State Primary for the can- South Row School Cafeteria; South Row School didates of Political parties for the following offices: Cafeteria; Westland School Cafeteria; McCarthy Jr. High School Cafeteria seven days at least before the time ap- Governor For the Commonwealth pointed for holding the meeting aforesaid. Lt. Governor For the Commonwealth Attorney General For the Commonwealth William E. Spence Secretary For the Commonwealth Constable of Chelmsford Treasurer For the Commonwealth Auditor For the Commonwealth A True Copy Attest, Representative in Congress Fifth Congressional District William E. Spence, Constable of Chelmsford 101

REPUBLICAN PRIMARY September 16, 1986

Pet 1 Pet 2 Pet 3 Pet 4 Pet 5 Pet 6 Pet 7 Pet 8 Pet 9 Pet 10 Pet 11 Pet 12 Total GOVERNOR

Gregory S. Hyatt 65 74 74 11 85 62 35 59 52 71 30 72 649 Royall H. Switzler 44 24 47 8 66 40 23 48 35 48 25 34 462 George Kariotis* All Others Blanks TOTAL LIEUTENANT GOVERNOR Nicholas M. Nikitas Blanks

238 2064 ATTORNEY GENERAL

Edward F. Harrington 168 1435 Blanks 70 629

SECRETARY OF STATE Deborah R. Cochran Blanks

TREASURER L. Joyce Hampers 1434 Blanks 630 TOTAL AUDITOR

Andrew S. Natsios William Bill Robinson Blanks TOTAL

REPRESENTATIVE IN CONGRESS 5th Dist. All Others Blanks 205 230 240 225 222 2046

206 232 245 226 223 2064

COUNCILLOR 3rd Dist.

All Others 1 Blanks 206 85 232 31 245 225 223 2063

TOTAL 206 85 232 31 245 226 223 2064

SENATOR IN GENERAL COURT 5th Mldsx. Dist. Paul Reid 119 53 133 14 140 All Others Blanks 87 32 99 17 105 TOTAL

REPRESENTATIVE IN GENERAL COURT 16th Mldsx. Dii Carol C. Cleven 942 William Logan* 895 All Others Blanks 13 226 TOTAL 238 2064

DISTRICT ATTORNEY Northe All Others Blanks 205 245 225 222 238 2060

206 245 226 223 238 2064

SHERIFF Mldsx. Cty. All Others Blanks 206 228 242 225 178 223 118 237 2052

TOTAL 206 232 245 226 178 223 120 238 2064

COUNTY COMMISSIONER Mldsx. Cty. Albert Joseph Onessimo 111 74 102 72 131 1081

All Others 1 2 4 Blanks 114 104 121 46 107 979

TOTAL 226 178 223 120 238 2064 102

DEMOCRATIC PRIMARY September 16, 1986

•Write-in Candidate •re-election Pet 1 Pet 2 Pet 3 Pet 4 Pet 5 Pet 6 Pet 7 Pet 8 Pet 9 Pet 10 Pet 11 Pet 12 Total GOVERNOR Michael S. Dukakis* 192 2322 George Kariotis** 3 All Others 1 9 Blanks 79 962 TOTAL 272 3296 LIEUTENANT GOVERNOR Gerard DAmico 76 1093 Evelyn E Murphy 179 2010 Blanks TOTAL ATTORNEY GENERAL James M. Shannon 222 2459 JoAnn Shotwell 67 667 All Others Blanks TOTAL

SECRETARY OF STATE Michael Joseph Connolly* All Others Blanks TOTAL TREASURER Robert Q. Crane* All Others Blanks 1105

TOTAL 3296 AUDITOR A. Joseph DeNucci 1437 Maura A. Hennigan 966 Charles Calvin Yancy 235 Blanks 658 TOTAL

REPRESENTATIVE IN CONGRESS 5th Dist. Chester G. Atkins* All Others Blanks 902

TOTAL 3296

COUNCILLOR 3rd Dist. Herbert L. Connolly* All Others Blanks 1299

TOTAL 3296

SENATOR IN GENERAL COURT 5th Mldsx. Dist. Carol C. Amick* All Others Blanks TOTAL

REPRESENTATIVE IN GENERAL COURT 16th Mldsx. Dist.

John P. Emerson Jr. 1414 Bonita Towle 1413 William Logan** Carol eleven** Blanks 373

TOTAL 3296

DISTRICT ATTORNEY Northern Dist. L. Scott Harshbarger*

Stephen J. McGrail Blanks 204

TOTAL 3296 SHERIFF

John P. McGonigle* Henry E. Sullivan 2031 Blanks 308 TOTAL 103

COUNTY COMMISSIONER Mldsx. Dist. Bill Schmidt

Barbara J. Auger Collins Anthony D. Pini Paul Harold Sullivan 1545 Blanks 495 TOTAL

WARRANT FOR Representative in General Court 16th Mlds. Represen- STATE ELECTION tative District COMMONWEALTH OF MASSACHUSETTS District Attorney Northern District MICHAEL CONNOLLY, SECRETARY J. Sheriff Middlesex County

MIDDLESEX, SS. County Commissioner Middlesex County

To the constable, or other person any suitable of the County Charter Commissioner Middlesex County Town of Chelmsford: QUESTION A GREETING:

Shall a charter study commission be created In the of the aforesaid, are name Commonwealth you by study the present governmental structure of hereby requested to notify and warn the inhabitants of said Middlesex County to consider and make find- town who are qualified to vote in State Election to vote at ings concerning the form of government and YES their several polling places, Viz: make recommendations thereon? NO

In the counties of: Barnstable, Berkshire, Precinct 1: Town Office Building Gymnasium, 50 Essex, Franklin, Hampden, Hampshire, Mid- Billerica Road dlesex, Plymouth, Worcester. Precinct 2 Harrington School Gym, Richardson Road Precinct 3 Harrington School Gym, Richardson Road QUESTION 1 Precinct 4 Westland School Cafeteria, Dalton Road PROPOSED AMENDMENT TO THE CONSTITUTION Precinct 5 Byam School Cafeteria, Maple Road Precinct 6 Westland School Cafeteria, Dalton Road Do you approve of the adoption of an Precinct 7 Harrington School Gym, Richardson Road amendment to the Constitution summarized Precinct 8 McCarthy Middle School; Little Gym- below, which was approved by the General nasium, North Road Court injoint sessions of the House ofRepresen- YES Precinct 9: South Row School Cafeteria, Boston Road tatives and the Senate on fune 27, 1984 by a NO Precinct 10 South Row School Cafeteria, Boston Road vote of 120-67, and on April 30, 1986 by a vote Precinct 11: Westland School Cafeteria, Dalton Road of 123-69 Precinct 12 McCarthy Middle School, Little Gym- nasium, North Road SUMMARY The proposed constitutional amendment would allow On Tuesday, the fourth (4th) of day November, 1986, the legislature to prohibit or regulate abortions to the from 7 a.m. to 8 p.m. for the following purpose: extent permitted by the United States Constitution. It would also provide that the state constitution does not Governor/ Lt. For Governor the Commonwealth require public or private funding of abortions, or the provision of services or facilities for performing abor- Attorney General For the Commonwealth tions, beyond what is required by the United States Con- stitution. The provisions of this amendment would not Secretary For the Commonwealth apply to abortions required to prevent the death of the mother. Treasurer For the Commonwealth QUESTION 2 Auditor For the Commonwealth PROPOSED AMENDMENT TO THE CONSTITUTION

Representative in Congress Fifth Congressional District Do you approve of the adoption of an amendment to the Constitution summarized Councillor Third Councillor District below, which was approved by the General Court in joint sessions of the House ofRepresen- Senator in General Court Fifth Middlesex Senatorial tatives and the Senate on December YES District 12, 1984 by a vote of 108-79, and on April 16, NO 1986 by a vote of 107-87? 104

SUMMARY If state tax revenues exceed the limit imposed by the The proposed constitutional amendment would allow proposed law, as determined by the State Auditor, a tax the expenditure of public funds for private schools and credit would have to be granted equal to the total private school students. amount of excess tax revenue. The credit would be ap-

It would remove primary and secondary schools from plied to the then current personal income tax liability the list of non-public institutions barred from receiv- of all taxpayers in proportion to their personal income ing public aid and would allow public money, property, tax liability in the preceding year. or loans of credit to be used for founding, maintain- The provisions of this Act could be enforced in court ing, or aiding those schools. The proposed amendment by a group of taxpayers. would also allow public financial aid, materials, or services to be provided to a non- public school student re- QUESTION 4 questing such aid, but only if that school does not LAW PROPOSED BY INITIATIVE PETITION discriminate in its entrance requirements on the basis of race, color, national origin, religious belief, sex, or Do you approve of a law summarized below, physical handicap. The state legislature would have the which was approved by the House ofRepresen- power to impose limits on aid, materials, or services pro- tatives on May 5, 1986, by a vote of 145-0, and YES vided to students. on which no vote was taken by the Senate before NO

May 7, 1986? QUESTION 3 LAW PROPOSED BY INITIATIVE PETITION SUMMARY The proposed law would require the state Department Do you approve of a law summarized below, of Environmental Quality Engineering (DEQE) to search which was disapproved by the House of Rep- for sites in the Commonwealth where oil or hazardous resentatives on May 6, 1986, by a vote of 49-93, YES materials have been disposed of and to take all steps and on which no vote was taken by the Senate NO necessary to clean up those sites within specified time before May 7, 1986? limits. Provisions are made for informing the public about sites in their communities. SUMMARY Beginning on January 15, 1987, DEQE would be re- The proposed law would reduce and then repeal the quired to publish lists every three months of all sites T l/2% surtax on Massachusetts state income taxes and where it has confirmed that uncontrolled oil or hazar- would limit state tax revenue growth to the level of dous materials have been disposed of and locations to growth in total wages and salaries of the citizens of the be investigated as possible disposal sites. The lists would state. describe what actions have been taken at each site or

It would set the rate of the surtax on Massachusetts location. DEQE would be required to list, to the extent state income taxes at 3 % % for tax years beginning dur- that it has identified, at least 400 possible disposal sites ing 1986, and it would repeal the surtax for tax years by January 15, 1987, 600 additional locations by January beginning on or after January 1, 1987. 15, 1988, and 1,000 additional locations in each subse- The allowable state tax revenues for any fiscal year quent year. are limited to the allowable state tax revenues for the Within one year after a location is listed as a possible prior fiscal year as increased by the average rate of disposal site DEQE would be required to determine if growth of Massachusetts wages and salaries for the three further investigation is warranted. If so, within two years immediately preceding calendar years. For purposes of after the listing, DEQE must confirm whether the loca- calculating the proposed limit for fiscal year 1987, tion is a disposal site, and whether it poses an immi- allowable state tax revenues for fiscal 1986 are the net nent or substantial hazard to health, safety, public tax revenues for that fiscal year, but excluding revenues welfare or the environment. derived from the surtax on state personal income tax. For sites found to pose a substantial hazard, DEQE Further, if in any fiscal year the calculation of the limit would be required, within the next two years, to ensure results in allowable state tax revenues less than the that those hazards are eliminated and to develop a plan amount of allowable state tax revenues for the prior year, to eliminate permanently future risks from those sites. then allowable state tax revenues for that fiscal year shall Imminent hazards would have to be eliminated im- be equal to the allowable state tax revenues for the prior mediately. For sites found not to pose any substantial year. The revenues limited by this law would not include hazards DEQE must, within seven years after the listing, non-tax revenues such as federal reimbursements, tui- ensure that the full extent of contamination is evaluated tions, fees and earnings on investments. and that a plan to eliminate permanently future risks

The amount of allowable state tax revenues for any is developed. fiscal year would have to be reduced if a new state law The proposed law would require DEQE to provide were enacted allowing local governments to impose new public notice and encourage public participation. or increased taxes or excises. The reduction would be Within 30 days after completing a site investigation, DE- equal to the amount of revenue derived from the new QE would have to inform the public through local news- tax or increase. The reduction in state tax revenues papers of the results of that investigation and of the would first take effect in the fiscal year following the rights of local citizens under the state law. If ten citizens enactment of the new law authorizing new local taxes of a town potentially affected by a site submit a request, or increases. DEQE would be required to develop a plan for involv- 105

ing the public in its cleanup decisions and present that QUESTION 6 plan at a public meeting. The chief municipal officer LAW PROPOSED BY INITIATIVE PETITION of a city or town in which a disposal site is located could appoint individual(s) to inspect the site on behalf of the Do you approve of a law summarized below, community. which was disapproved by the House of Rep- Massachusetts residents could bring lawsuits to enforce resentatives on May 6, 1986, by a vote of 56-93, YES the provisions of the proposed law or to lessen a hazard and on which no vote was taken by the Senate NO related to oil or hazardous materials. If such a lawsuit before May 7, 1986? is brought, a court could award costs, including reasonable fees for attorneys and expert witnesses. SUMMARY The proposed law would provide a system of voter registration by mail applicable to all qualified voters and 5 QUESTION would eliminate statutory provisions permitting certain EXISTING REFERENDUM ON AN LAW persons to vote only for presidential electors. Under this proposed law, the State Secretary would Do you approve of a law summarized below, be required to prepare blank forms for affidavits of which was approved by the House Represen- of registration. The Secretary and local boards of registrars tatives on October 17, 1985, by a vote 77-62, YES of would be required to make such forms available to any and, which was approved by the Senate on NO person eligible to vote in whatever quantity the person October 17, 1985? requests and to transmit such forms, upon written request, to any person claiming to be qualified to vote. SUMMARY Registrars would also be required to make these forms The law requires all drivers and passengers to wear available at all post offices and at other places within properly adjusted and fastened safety belts while travel- their municipalities. The Secretary would be required ing in motor vehicles on public ways. It does not apply to establish a reasonable fee for providing more than to: children under five years old who are required by 50 forms and to prepare instructions to accompany the another law to wear safety belts or be restrained in safety forms. car seats; passengers in vehicles where all safety belts A person seeking to register to vote would be required are being used by others; passengers in buses; persons to complete the affidavit of registration and sign it under riding in vehicles built before July 1, 1966, or in which oath in the presence of a witness who is at least eigh- safety belts were not installed as original equipment; or teen years old. The witness would be required to certify persons who are certified by a physician to physical- be that the affidavit was signed in his presence and to date ly unable to use safety belts. law also The does not app- the affidavit. ly to police officers, rural mail carriers, or drivers or A completed affidavit of registration could be either passengers of other vehicles that stop frequently and delivered or mailed to the appropriate registrar's office. travel at speeds not exceeding 15 miles per hour between If, from the facts set forth in the affidavit, it appears stops. that the person is qualified to vote, the registrars would Drivers or passengers sixteen years or older who do be required to add the person's name to the list of not wear safety belts are subject to a $15.00 fine. The registered voters and to so notify the person by first-class,

driver of a vehicle is also subject . to a $15 00 fine for each non-forwardable mail, unless the person's name already passenger under sixteen who does not wear a safety belt. appears on the local list of residents at the same address. This law, however, can be enforced only if the driver is The cost of mailing such notices would be assumed by stopped for a violation of another vehicle law. motor the Commonwealth, subject to appropriation. If in any Safety belt violations will not result in surcharges on year the General Court fails to appropriate funds for motor vehicle insurance also re- premiums. The law that purpose, such notices would not have to be sent. quires that when the Commissioner of Insurance sets If such a notice is returned undelivered, the city or town motor vehicle insurance rates, rates reflect the must any clerk would be required to instruct election officials to savings attributable to increased use of safety belts. challenge the person's right to vote at the next election The law also requires that all motor vehicles manufac- in which he attempts to vote. tured after are September 1, 1989, that sold or registered The proposed law would also impose criminal in Massachusetts be equipped with crash protection penalties of imprisonment for up to two years or a fine devices, as specified by federal regulations. Any up to $2,000 for knowingly or willfully making a false manufacturer who sells or delivers motor vehicles that affidavit, taking a false oath, or signing a false certificate are not equipped with safety devices will sub- such be relative to the qualifications or registration of any per- ject to a fine of for sale or not more than $100 each son to vote. delivery. This law is not intended to eliminate the federal requirements for passive crash protection devices in QUESTION 7 motor vehicles. THIS QUESTION IS NONBINDING The law also provides that a non-binding question, unlike this binding referendum, shall placed be on the Shall the Commonwealth of Massachusetts 1986 general election ballot asking whether the voters urge the United States Congress to enact a YES approve of the law. national health program which: NO 106

provides high quality comprehensive per- COMMONWEALTH OF MASSACHUSETTS sonal health care including preventive, curative and occupational health services; is universal MIDDLESEX, SS. October 22, 1986 in coverage, community controlled, rationally

organized, equitably financed, with no out-of- Pursuant to the within Warrant, I have notified and pocket charges, is sensitive to the particular warned the Inhabitants of the Town of Chelmsford by health needs of all, and is efficient in contain- posting up attested copies of same at the following places,

ing its cost; and whose yearly expenditure does to wit: Town Office Building Gym; Harrington School not exceed the proportion of the Gross National Gym; Harrington School Gym; Westland School Cafeteria; Product spent on health care in the immediate- Byam School Cafeteria; Westland School Cafeteria; Harr- ly preceding fiscal year? ington School Gym; McCarthy Middle School, Little Gym- nasium; South Row School Cafeteria; South Row School QUESTION 8 Cafeteria; Westland School Cafeteria; McCarthy Middle THIS QUESTION IS NONBINDING School Little Gymnasium seven days at least before the time appointed for holding the meeting aforesaid. Shall the Commonwealth of Massachusetts urge the Presidential of the United States and William E. Spence the United States Congress to enact a national YES Constable of Chelmsford acid rain control program which would require NO a fifty percent reduction in total national sulfur A True Copy Attest, dioxide emissions by the hear nineteen hundred and ninety-five and which would allocate the William E. Spence required reductions in sulfur dioxide emissions, Constable of Chelmsford and the costs of achieving those reductions, equitably among the states?

Hereof fail not and make return of this warrant with your doings thereon at the time and place of said election.

Given under our hands this 21st day of October, 1986.

John P. Emerson, Jr., Chairman

Dennis J. Ready, Vice Chairman Bonita A. Towle, Clerk Roger A. Blomgren

Henrick R. Johnson, Jr. Selectmen of the Town of Chelmsford

STATE ELECTION November 4, 1986

*re-election

Pet 1 Pet 2 Pet 3 Pet 4 Pet 5 Pet 6 Pet 7 Pet 8 Pet 9 Pet 10 Pet 11 Pet 12 Total GOVERNOR/LT. GOVERNOR Dukakis and Murphy 530 642 389 560 5774 Kariotis and Nikitas 408 546 289 480 4731 All Others Blanks

TOTAL 710 1084 10996 ATTORNEY GENERAL

Edward F. Harrington James M. Shannon All Others

Blanks 21 380

TOTAL 1084 10996

SECRETARY OF STATE Michael Joseph Connolly Jr.* 457 392 393 6006 Deborah R. Cochran 256 245 267 4131 All Others Blanks 71 858 TOTAL 825 692 1246 1084 10996 107

TREASURER Robert Q Crane* 479 376 299 447 4902 L. Joyce Hampers 444 359 343 584 5460 All Others Blanks 53 633

TOTAL 1084 10996 AUDITOR A. Joseph DeNucci 422 375 469 323 533 337 453 4968 Wm. Bill Robinson 500 244 427 305 603 331 553 5120 Blanks 42 78 908

TOTAL 710 1084 10996

REPRESENTATIVE IN CONGRESS 5th District Chester G. Atkins* All Others Blanks 350 194 398 99 405 276 219 286 232 417 205 351 3432