Commonwealth of Massachusetts s80

RESULTS OF SPECIAL TOWN ELECTION JANUARY 29, 2002

The warrant was returned to the Town Clerk on Tuesday, January 29, 2002 at 11:27 AM by Constable William Davis.

Election officers on duty and duly sworn in were as follows: Bertha Tiilikkala, Betty Ann Tiilikkala, Edna Jamnback, Leona Sanford, Waldemar Tiilikkala and Andrew Gosnell.

The Polls opened at 12:00 noon.

QUESTION NO. 1

YES 215 NO 475 TOTAL BALLOTS CAST 690

The polls closed at 7:30 PM.

Tellers on duty and duly sworn in were as follows: Ann Seymour, Nancy Peeler, Joyce Hopkins, Deborah Pillsbury, Elaine Kielty, Shaun Kielty, Seth Hopkins and Richard Catalini.

At the close of the polls the ballot box read 690 voters had cast a ballot; the checkers’ tally sheets read 690 voters had cast a ballot.

120 COMMONWEALTH OF MASSACHUSETTS

TOWN WARRANT APRIL 22, 2002

Middlesex, ss:

TO: Constable of the Town of Ashby:

In the name of the Commonwealth, you are hereby directed to notify and warn the inhabitants of the Town of Ashby, qualified to vote in elections and town affairs, to meet at the Ashby Elementary School Auditorium in said Ashby, Monday, the twenty-second day of April, next at 7:00 AM, to give their votes on one ballot for the following officers and question:

SELECTMAN, Three Years ASSESSOR, Three Years BOARD OF HEALTH, Three Years PLANNING BOARD, Five Years CEMETERY COMMISSIONER, Three Years PARK COMMISSIONER, Three Years PARK COMMISSIONER, Two Years 3 LIBRARY TRUSTEES, Three Years TREE WARDEN, One Year 3 REGIONAL SCHOOL DISTRICT COMMITTEE NORTH MIDDLESEX, Three Years

QUESTION 1.

Shall the Town of Ashby accept sections 3 to 7, inclusive of chapter 44B of the General Laws, as approved by its legislative body, a summary of which appears below?

YES______NO______

Sections 3 to 7 of Chapter 44B of the General Laws of Massachusetts, also known as the Community Preservation Act (Act), establish a dedicated funding 121 source to enable cities and towns to (1) acquire open space, which includes land for park and recreational uses and the protection of public drinking water well fields, aquifers and recharge areas, wetlands, farm land, forests, marshes, beaches, scenic areas, wildlife preserves and other conservation areas, (2) acquire and restore historic buildings and sites, and (3) create affordable housing.

In the Town of Ashby, the funding source for these community preservation purposes will be a surcharge of 3 % on the annual property tax assessed on real property and annual distributions made by the state from a trust fund created by the Act. If approved, the following will be exempt from the surcharge: (1) property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the Town of Ashby, as defined in Section 2 of said Act; (2) $100,000 of the value of each taxable parcel of residential real property. A taxpayer receiving a regular property tax abatement or exemption will also receive a pro rata reduction in surcharge.

A Community Preservation Committee will be established by by-law to study community preservation resources, possibilities and needs and to make annual recommendations to the town meeting on spending the funds. At least 10% of the funds for each fiscal year will be spent or reserved for later spending on each of the Act's three community preservation purposes: (1) open space, (2) historic resources and (3) affordable housing.

The polls will be open at 7:00 AM and shall close at 8:00 PM.

And you are hereby directed to serve this warrant by posting an attested copy in three (3) public places in said Ashby at least seven days before holding of said election.

Hereof, fail not, and make due return of this warrant with your doings thereon, to the Town Clerk at the time and place of election aforesaid.

122 Given under our hands this ______day of March 2002.

Michael McCallum Janet Flinkstrom Peter McMurray Chair

ASHBY BOARD OF SELECTMEN

By virtue of this precept, I have posted three (3) attested copies of the foregoing warrant in Three (3) public places in said Ashby seven days at least before time of said Annual Town Election.

DATE: William A. Davis CONSTABLE OF ASHBY

RESULTS OF ANNUAL TOWN ELECTION APRIL 22, 2002

The warrant was returned by Constable William Davis at 6:54 AM on Monday, April 22, 2002.

Election officers on duty and duly sworn in were as follows: Bertha Tiilikkala, Betty Ann Tiilikkala, Edna Jamnback, Leona Sanford, Anne Hayes, Waldemar Tiilikkala and Andrew Gosnell.

The polls opened at 7:00 AM.

123 The following is a list of candidates and the votes and blanks each received as they appeared on the official ballot.

VOTES SELECTMAN, Three years Michael McCallum 338 Gerard Houle 346 All others 2 Blanks 15 Total ballots cast 701

ASSESSORS, Three years Dona Sue LaRue 523 All others 3 Blanks 175 Total ballots cast 701

BOARD OF HEALTH, Three years Mary Krapf 519 All others 7 Blanks 175 Total ballots cast 701

PLANNING BOARD, 5 years Alan W. Pease 558 All others 1 Blanks 142 Total ballots cast 701

CEMETERY COMMISSIONER, 3 years Raymond Wilkinson 575 All others 3 Blanks 123 Total ballots cast 701

124 PARK COMMISSIONER, Three years Peter McMurray 581 All others 0 Blanks 120 Total ballots cast 701

PARK COMMISSIONER, Two years Stephanie B. Lammi 550 All others 2 Blanks 149 Total ballots cast 701

LIBRARY TRUSTEES, Three years Dwight F. Horan 428 Nancy L. Catalini 515 Helen Dyer 34 Alice Bauman 20 All others 0 Blanks 0 Total votes cast 997 Total ballots cast 701

TREE WARDEN, One year Derek Saari 543 All others 31 Blanks 127 Total ballots cast 701

REGIONAL SCHOOL DISTRICT COMMITTEE NORTH MIDDLESEX, Three years Anne E. Buchholz 363 Theresa A. Morse 435 LisaMarie Proctor 368 All others 0 Blanks 0 Total votes cast 1166 Total ballots cast 701

125 QUESTION 1 Yes 250 No 416 Blanks 35 Total ballots cast 701

The polls closed at 8:00 PM

Tellers on duty and duly sworn in were as follows: Nancy Peeler, Deborah Pillsbury, Pamela Peeler, Joan Hatcher, Joyce Hopkins, Richard Catalini, Dennis Moore and Michael Bigwood.

At the close of the polls the ballot box read 701 voters had cast a ballot: the checker's tally sheet read 701 voters had cast a ballot.

Lorraine Pease, Town Clerk

126 Commonwealth of Massachusetts Special Town Meeting

Middlesex, ss:

To: Constable of the Town of Ashby in said County:

Greeting:

In the name of the Commonwealth, you are hereby directed to notify and warn the inhabitants of the Town of Ashby, qualified to vote in elections and town affairs, to meet at the Elementary School Auditorium in said Ashby, Saturday, May 4, 2002 at 9:30 a.m. to act on the following articles:

SPECIAL TOWN MEETING ARTICLES

Article 1. To see if the Town will vote to appropriate from available funds the sum of $117,914.93, Chapter 90 bond issues, to be used by the Highway Department in accordance with the General Laws, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 2. To see if the Town will vote to transfer the sum of $2,586.10 from free cash to the EMS Expense account for the purpose of paying EMS expenses, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 3. To see if the Town will vote to transfer the sum of $2,500 from free cash to the EMT Wages account for the purpose of paying EMT wages, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 4. To see if the Town will vote to transfer the sum of $6,077.39 from free cash to the Prior Year Bills account for the purpose of paying advanced life support services to Patriot Ambulance, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

127 Article 5. To see if the Town will vote to transfer the sum of $7,200 from free cash to the Solid Waste Management account for the purpose of paying for curbside pickup, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 6. To see if the Town will vote to transfer the sum of $2,000 from Veterans Benefit Expense to the Town Office Maintenance account for the purpose of paying for furnace repairs, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 7. To see if the Town will vote to transfer the sum of $8,000 from the Carriage Shed Renovation account to the Town Common Maintenance account for the purpose of paying for bandstand repairs, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 8. To see if the Town will vote to raise and appropriate by borrowing the sum of $8,000 for the purpose of paying for Carriage Shed Renovations and to authorize the Selectmen to execute any and all instruments including an Historic Preservation Restriction as may be necessary for such grant and/or reimbursements, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 9. To see if the Town will vote to transfer the sum of $3,500 from free cash to the Technology and Systems account for the purpose of paying data cabling and computer equipment, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 10. To see if the Town will vote to transfer the sum of $1,000 from the Veterans Benefit Expense account to the Town Common Maintenance account for the purpose of paying for tennis court repairs, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 11. To see if the Town will vote to transfer the sum of $4,500 from the Town Office Clerical account and $1,000 from the Veterans Benefit Expense account to the Town Office Maintenance account for the purpose of purchasing a copy machine, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action 128 Article 12. To see if the Town will vote to transfer the sum of $150 from the Street Numbering and Map expenses account to the Planning Board expense account for the purpose of paying for planning board expenses, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 13. To see if the Town will vote to transfer the sum of $4,200 from free cash to the Tree Warden expense account for the purpose of matching a grant to prune trees at Glenwood Cemetery, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 14. To see if the Town will vote to transfer care, custody and control to the Board of Selectmen for purposes of granting preservation restrictions and to authorize the Board of Selectmen to grant preservation restrictions on a certain real property with improvements known as the Ashby Town Horse and Carriage Shed, thereon as described in a deed dated 1770 from Jonathan Lawrence, recorded in the Middlesex Country South Registry of Deeds, Book 78, Page 301, and which is located at the Ashby Town Common, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 15. To see if the Town will vote to establish a revolving account according to the Massachusetts General Laws, Chapter 44, Section 53e ½ for the purpose of collecting and paying for Solid Waste Management curbside pickup services, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

And you are hereby directed to serve this warrant by posting an attested copy in at least three (3) public places in said Ashby fourteen (14) days at least before holding of said meeting. Hereof, fail not, and make due return of this warrant with your doings thereon, to the Town Clerk at the time and place of meeting aforesaid.

Given under our hands this ______day of ______, 2002.

Michael McCallum, Janet Flinkstrom, Peter McMurray, Chair Procurement Clerk ASHBY BOARD OF SELECTMEN 129 By virtue of this precept, I have posted three (3) attested copies of the foregoing warrant in three (3) public places in said Ashby at least fourteen days before the time of said Special Town Meeting.

Date: William Davis Constable of Ashby

RESULTS OF SPECIAL TOWN MEETING MAY 4, 2002

The warrant was returned to the Town Clerk by Constable William Davis At 9:00 AM.

With a quorum present, the Moderator Peter Rourke called the meeting to order at 9:30 AM. The rules of the meeting were read. The warrant showed it had been properly served.

The motion was made and seconded to waive the reading of the warrant, and so voted.

The Moderator recognized the former Selectman Michael McCallum for his 2 years of service as a member of the Finance Committee and 9 years on the Board of Selectmen.

The moderator then welcomes Selectman Gerard Houle to the Board of Selectmen.

130 The motion was made and seconded to allow the moderator to declare a two- thirds vote, and so voted.

Article 1. The motion was made and seconded to appropriate from available funds the sum of $117,914.93, Chapter 90 bond issues, to be used by the Highway Department in accordance with the General Laws.

VOTE: UNANIMOUS

Article 2. The motion was made and seconded to transfer the sum of $2,586.10 from free cash to the EMS Expense account for the purpose of paying EMS expenses.

VOTE: UNANIMOUS

Article 3. The motion was made and seconded to transfer the sum of $2,500 from free cash to the EMT Wages account for the purpose of paying EMT wages.

VOTE: UNANIMOUS

Article 4. The motion was made and seconded to transfer the sum of $6,077.39 from free cash to the Prior Year Bills account for the purpose of paying advanced life support services to Patriot Ambulance.

VOTE: UNANIMOUS

Article 5. The motion was made and seconded to transfer the sum of $7,200 from free cash to the Solid Waste Management account for the purpose of paying for curbside pickup.

VOTE: UNANIMOUS

131 Article 6. The motion was made and seconded to transfer the sum of $2,000 from Veterans Benefit Expense to the Town Office Maintenance account for the purpose of paying for furnace repairs.

VOTE: PASSED

Article 7. The motion was made and seconded to transfer the sum of $8,000 from the Carriage Shed Renovation account to the Town Common Maintenance account for the purpose of paying for bandstand repairs.

VOTE: UNANIMOUS

Article 8. The motion was made and seconded to postpone Article 8 indefinitely.

VOTE: UNANIMOUS

Article 9. The motion was made and seconded to transfer the sum of $3,500 from free cash to the Technology and Systems account for the purpose of paying data cabling and computer equipment.

VOTE: UNANIMOUS

Article 10. The motion was made and seconded to transfer the sum of $1,000 from the Veterans Benefit Expense account to the Tennis Court Expense account for the purpose of paying for tennis court repairs.

VOTE: UNANIMOUS

Article 11. The motion was made and seconded to transfer the sum of $4,500 from the Town Office Clerical account and $1,000 from the Veterans Benefit Expense account to the Town Office Maintenance account for the purpose of purchasing a copy machine.

VOTE: UNANIMOUS

132 Article 12. The motion was made and seconded to transfer the sum of $150 from the Street Numbering and Map expenses account to the Planning Board expense account for the purpose of paying for planning board expenses.

VOTE: UNANIMOUS

Article 13. The motion was made and seconded to transfer the sum of $4,200 from free cash to the Tree Warden expense account for the purpose of matching a grant to prune trees at Glenwood Cemetery.

VOTE: PASSED

Article 14. The motion was made and seconded to transfer care, custody and control to the Board of Selectmen for purposes of granting preservation restrictions and to authorize the Board of Selectmen to grant preservation restrictions on a certain real property with improvements known as the Ashby Town Horse and Carriage Shed, thereon as described in a deed dated 1770 from Jonathan Lawrence, recorded in the Middlesex County South Registry of Deeds, Book 78, Page 301, and which is located at the Ashby Town Common.

VOTE: PASSED DECLARED BY MODERATOR

Article 15. The motion was made and seconded to establish a revolving account according to the Massachusetts General Laws, Chapter 44, Section 53e ½ for the purpose of collecting and paying for Solid Waste Management curbside pickup services.

VOTE: UNANIMOUS

The motion was made and seconded to dissolve the Special Town Meeting, and so voted.

Lorraine Pease ASHBY TOWN CLERK

133 Commonwealth of Massachusetts Annual Town Meeting

Middlesex, ss:

Greeting:

In the name of the Commonwealth, you are hereby directed to notify and warn the inhabitants of the Town of Ashby, qualified to vote in elections and town affairs, to meet at the Elementary School Auditorium in said Ashby, Saturday, May 4, 2002 at 9:30 a.m. to act on the following articles:

ANNUAL TOWN MEETING ARTICLES

Article 1. To see if the Town will vote to elect all other town officers not required to be on the official ballot. Finance Committee action: √ Approved Disapproved No Action

Article 2. To see if the Town will vote to hear the reports of the various town officials and committees. Finance Committee action: √ Approved Disapproved No Action

Article 3. To see if the Town will vote to authorize the Treasurer to borrow funds as necessary in anticipation of revenue, in accordance with Chapter 44, Sections 23 to 27 of the Massachusetts General Laws, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 4. To see if the Town will vote to accept the following sums in trust; the income therefrom to be expended for the perpetual care of lots as follows:

134 Glenwood Cemetary

135 Amount Name Ave Lot Section.

$ 150.00 Faith E. Antilla B 12R Lyman $ 100.00 Gertrude Fields B 33 Lyman $ 100.00 Patricia Baron B 32 Lyman $ 150.00 Michael McCallum B 13R Lyman $ 100.00 Rollo Tucker B 14R Lyman $ 250.00 Sally Tracy C 19 Lyman $ 325.00 Larry Swope B 30, 31 Lyman $ 200.00 Janice Ouelette C 20 Lyman $ 500.00 Lori Rainville C 24 Lyman $ 250.00 Gary Beals C 22 Lyman $ 150.00 Lorraine Pease B 15 Lyman $ 100.00 Edward Hassett B 16R Lyman $ 100.00 Arnold Suokko B 18R Lyman $ 200.00 Brenda J. Annan C 23 Lyman

West Cemetery

Amount Name Ave. Lot Section $ 500.00 Edith Cronin 3 rd 179 II $ 150.00 Linda Kari Olkkola 3 rd 183R II $ 150.00 Dona Sue LaRue 3 rd 180 II $ 350.00 Eileen Mason 3 rd 181 II $ 250.00 Louise Philbrick 3 rd 182 II $ 250.00 Dave Philbrick 3 rd 184 II $ 100.00 Donald Beals 3 rd 185R II $ 250.00 Ada Philbrick 3 rd 187 II $ 100.00 Tracy Bitondo 3 rd 186 II or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 5. To see if the Town will vote to raise and appropriate the sums of money necessary to defray charges and expenses of the Town for the ensuing

136 fiscal year (FY2003) beginning July 1, 2002 and ending June 30, 2003, and to fix the salaries of all elected officials, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 6. To see if the Town will vote to appropriate the sum of $74,846.58 from free cash in order to defray charges and expenses of the Town for the ensuing fiscal year (FY2003) beginning July 1, 2002 and ending June 30, 2003, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 7. To see if the Town will vote to authorize the transfer the sum of $4,047.11 to the Ashby Elementary School, which are interest amounts from the following accounts to be used for the Ashby students as follows:

Sumner Taylor School Fund $ 446.00 Samuel P. Gates School Fund $3,393.13 Jesse Foster School Fund $ 207.98 $4,047.11, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 8. To see if the Town will vote to appropriate the sum of $20,000 from free cash to the Solid Waste Management account for the purpose of paying for solid waste disposal services, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 9. To see if the Town will vote to appropriate the sum of $1,000 from free cash for the purpose of paying an EMS Assistant Director Stipend, or take any action thereon. Finance Committee action: Approved √ Disapproved No Action

Article 10. To see if the Town will vote to appropriate the sum of $19,174 for the purpose of paying for a full time Fire Chief position, or take any action thereon. Finance Committee action: Approved √ Disapproved No Action

Article 11. To see if the Town will vote to transfer the care, custody, maintenance and control of a portion of the parcel of land described below from

137 the Parks Department to the Board of Selectmen for the purposes of the sale of land located on West Road and is described in a deed recorded with the Middlesex South District Registry of Deeds in Book 5618 Page 124 dated December 19, 1931; and further, to see if the Town will vote to authorize the Board of Selectmen to petition the Massachusetts General Court to approve the change in use of a portion of said land for the purpose stated herein pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, or take any other action relative thereto. Finance Committee action: Approved √ Disapproved No Action

Article 12. To see if the Town will vote to authorize the Selectmen to acquire by purchase or otherwise as provided by the Massachusetts General Laws, on such terms and conditions as are in the Town’s best interest, for cemetery purposes and to accept a deed for two parcels of land located on West Road being the parcels shown as Lot 17.1 and Lot 10.3 on Assessors’ Map 2 and further being the same land shown on a plan entitled “Plan of Land Surveyed for John P. D’Angelillo et als” dated May 15, 1992 made by Szoc Surveyors consisting of 8.69 acres more or less and including all other appurtenant rights and easements and subject to all well rights and easements, and to transfer the sum of $50,000 from the Landfill Escrow Account and to transfer the sum of $71,428.41 from the Roxanne Robbins Chapel Fund, and to transfer the sum of $20,000 from the Stabilization Fund, and to convey to John D.Angelillo, Thurley R. Burnett and Virginia R. Dower a parcel of land on West road as shown on a plan entitled “Plan of Land in Ashby, Mass. Prepared for John D’Angelillo” Scale: 1”=20’ dated April 2, 2002 made by David E. Ross Associates, Inc. Land Surveyors the above referenced plan consisting of .4 acres of land, more or less in exchange for a parcel of land owned by John D’Angelillo et al, also shown on said plan and consisting of .4 acres, more or less, which plan is on file in the office of the Town Clerk and the Selectmen, and erecting a plaque to the memory of Roxanne Robbins, and the Board of Selectmen be authorized to enter into any and all agreements and execute any and all instruments as may be necessary on behalf of the Town of Ashby, or take any action thereon. Finance Committee action: Approved √ Disapproved No Action

Article 13. To see if the Town will vote to appropriate the sum of $28,000 from free cash for the purchase of a police cruiser, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

138 Article 14. To see if the Town will vote to appropriate the sum of $2,200 from free cash to purchase a generator for the police station, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 15. To see if the Town will vote to appropriate the sum of $89,000 from free cash to purchase a new highway dump truck with plow, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 16. To see if the Town will vote to raise and appropriate the sum of $165,273.12 for the purpose of reclaiming and paving Mason Road from New Ipswich Road to Heywood Road provided that the amount authorized to be borrowed shall be contingent upon the vote at the Town election to exempt from Proposition 2½ so called the amount required to satisfy the obligations, including principal and interest under the bonds, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 17. To see if the Town will vote to appropriate the sum of $10,000 from free cash to purchase fire safety equipment, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 18. To see if the Town will vote to authorize the Board of Selectmen to convey to Stephen R. and Caryn Cote for nominal consideration the parcel of land known 211 Log Cabin Road and further described as Assessors’ Map 14, Parcel 31, acquired by the Town through Low Value Tax Taking dated July 25, 1966 and recorded with Middlesex South District Registry of Deeds in Book 11177, Page 377, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 19. To see if the Town will vote to petition the Great and General Court enact special legislation in a form substantially as follows;

Section 1: Notwithstanding any general, special law, charter provision or bylaw to the contrary, “The Chief of Police of the Town of Ashby shall be the “appointing authority” for all positions in the Police Department of the Town including both sworn police personnel and civilian employees”

139 Section 2: This act shall take effect upon its passage., and to take any other action relative thereto. Finance Committee action: Approved √ Disapproved No Action

Article 20. To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase or otherwise as provided by the Massachusetts General Laws on such terms and conditions as are in the Town’s best interest for conservation and passive recreational purposes certain parcels of land together with any conservation easements thereon, together with the Town of Ashburnham, located on Mt. Watatic being the parcels shown on Ashburnham Assessors’ Map 29, Lot 13 and Ashby Assessors’ Map 1, Parcel 2 and further being the same land shown on a plan entitled “Compiled Plan of Land located in Ashby and Ashburnham, Massachusetts owned by David J. Fenton, Jr., Trustee of the Mt. Watatic Nominee Trust by Hub Survey Associates, Inc. dated March 9, 2000” consisting of 48.5 acres in Ashburnham and approximately 235.5 acres in Ashby, together with buildings thereon, known as the old Mt. Watatic Ski Area consisting of 3 acres, more or less, of land underwater and 228.5 acres, more or less, of land above water, together with all flowage and other rights and easements and subject to all well rights and easements as are shown and which are described in a deed recorded in the Registry of Deeds, Middlesex County, Book # 31075, Page 474, and in the Northern Worcester County Registry of Deeds, Book 3520, Page 246, which are on file in the office of the Selectmen and Town Clerk; that said land be conveyed jointly to the Town of Ashburnham and the Town of Ashby under the provisions of Massachusetts General Laws Chapter 40, Section 8C (reference Joint Powers Act here) and as it may hereafter be amended and other Massachusetts statutes relating to conservation to be controlled by the Conservation Commissions of Ashburnham and Ashby and to be managed aforesaid conservation commissions and the Department of Environmental Management and the Department of Fisheries and Wildlife or other such organization as may be deemed appropriate and the Conservation Commission be authorized to file on behalf of Ashby any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts deemed necessary under the so-called Self Help Act (Chapter 132A, Section 11) the Land and Water Conservation Fund and/or any others in any way connected with the scope of this Article and the Board of Selectmen

140 and the Conservation Commission be authorized to enter into any and all agreements and execute any and all instruments as may be necessary on behalf of the Town of Ashby. Said acquisition and all costs associated therewith to be paid for by gifts and/or grants to the Town for such acquisition, to authorize the Selectmen to petition the General Court for special legislation expressly authorizing the Town of Ashby to acquire such land in joint ownership with the Town of Ashburnham, to authorize the Selectmen to apply to the secretary of environmental affairs to enter into an agreement, along with the Town of Ashburnham and such agencies of the Commonwealth as the Selectmen deem appropriate, pursuant to Massachusetts General Laws, Chapter 21A, Section 20, for the joint administration of this acquisition in accordance with the purposes and requirements of said law, and to authorize the Selectmen and/or the Conservation Commission to convey a conservation restriction to appropriate state agencies or conservation land trusts in consideration of the purchase price, and to authorize the Selectmen and/or the Conservation Commission to apply for and accept any and all grants, gifts, or reimbursements from any source whatsoever, including but not limited to funds available under Massachusetts General Laws, Chapter 132A, Section 11, the so-called Self Help Grant, which they deem appropriate to carry out this acquisition, and further to authorize the Selectmen and/or the Conservation Commission to enter into any and all agreements to execute and any and all documents, in the best interest of the Town, provided however, that all costs associated with said acquisition, including but not limited to any purchase price or damage award be funded by such grants, gifts, or reimbursements as said Selectmen and/or Conservation Commission are able to secure for this acquisition and its associated costs, or act in relation thereto. Finance Committee action: √ Approved Disapproved No Action

Article 21. To see if the Town will vote to raise by borrowing the sum of $500,000 for the purpose of purchasing certain parcel of land located on Mt. Watatic contingent upon the Town’s receipt of grants, gifts or other funds awarded or provided to the Town totaling at least $500,000, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action Article 22. To see if the Town will vote to authorize the Treasurer, with the approval of the Selectmen, to accept and expend any and all grants, gifts or other funds awarded or provided to the Town for the acquisition of certain land located on Mt. Watatic, including expenditure for any interest on any debt

141 which may be incurred to the Town in borrowing funds as approved in Article 21 of this annual town meeting, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 23. To see if the Town will vote to authorize the Selectmen to enter into a lease agreement with such terms as are in the best interest of the Town to allow wind generation on the landfill site, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 24. To see if the Town will vote to authorize the Selectmen to sell or otherwise dispose of the Wiita house and up to five acres, more or less, if in the best interest of the Town, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 25. To see if the Town will vote to appropriate the sum of $4,439.78 to provide a Van from MART to be used by Ashby Seniors provided that the amount authorized to be borrowed shall be contingent upon the vote at the Town election to exempt from Proposition 2½ so called the amount required to satisfy the obligations, including principal and interest under the bonds and that same amount will reduce the Town’s assessment to MBTA, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 26. To see if the Town will vote to amend the Zoning Bylaw by deleting definitions 35 & 36 and inserting the following definitions:

"35) PERSONAL WIRELESS SERVICES. Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services

36) PERSONAL WIRELESS SERVICE FACILITY. Facility for the provision of personal wireless services, as defined by the Telecommunications Act. "

and replace all instances of the words "Public Wireless Communications Facility" in sect 4.7 with the words "Personal Wireless Communications Facility"

142 and delete section 4.7.2.2 and insert the following sections: "4.7.2.2.Structures 4.7.2.2.1 If feasible, personal wireless service facilities shall be located on existing structures, including but not limited to buildings, existing telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more personal wireless service facilities. If located on a utility structure within the utility or public right of way no setbacks shall apply. The facility shall not increase the height of the structure by more than ten feet. If located on an existing building, the setback and height provisions of the zoning district shall apply however the personal wireless communication facility shall not project more than ten feet above the roof line of the building. In the case of pre- existing non-conforming buildings, personal wireless service facilities and their equipment shelters shall not increase any non-conformities. No personal wireless facilities shall locate on the exterior of any structure in the historic district. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate. 4.7.2.2.2 If the applicant demonstrates that it is not feasible to locate on an existing structure, personal wireless service facilities shall be located on a free-standing monopole as specified in section 4.7.4. All free standing monopole sites must meet the dimensional requirements of the district in which they are located or this section, whichever is greater. Lattice style towers and similar types of construction with or without guy wires are not allowed." and insert the following section "4.7.2.5 Any new free standing personal wireless service facility shall provide at least one carrier of personal wireless services". and insert the following sentence in 4.7.4.3 after the first sentence, "The applicant shall have the burden of proving that there are no feasible existing facilities upon which to locate.", or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 27. To see if the Town will vote to appropriate the sum of $3,000 in order to purchase materials to make repairs to the Fire Station provided that the amount authorized to be borrowed shall be contingent upon the vote at the Town election to exempt from Proposition 2½ so called the amount required to

143 satisfy the obligations, including principal and interest under the bonds, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 28. To see if the Town will vote to appropriate the sum of $35,000 for the purpose of refurbishing the Fire Ladder Truck provided that the amount authorized to be borrowed shall be contingent upon the vote at the Town election to exempt from Proposition 2½ so called the amount required to satisfy the obligations, including principal and interest under the bonds, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 29. To see if the Town will vote to amend the Town By-Laws by adding to Article IX, Use of way, Waterways and Public Places:

Section 8:

No person shall leave a motor vehicle parked and unattended in a public way so that it interferes with the flow of traffic. All vehicles in violation will be towed at the owner’s expense. Motor vehicles which are parked while making deliveries or performing construction tasks must not at any time completely block traffic flow on any public way. Vehicles doing so will need authorization from the highway department and must comply with any requirements set by the highway superintendent. Vehicles responding to emergency calls are excluded.

Section 9:

No one may unload at any time off road construction equipment in a public roadway without adequate padding to protect the existing road surface. Anyone doing so will be responsible for any needed road repairs and may be fined for repeated violations. The Board of Selectmen will set the fines after considering the damage caused and number of previous offenses., or take any action thereon. Finance Committee action: √ Approved Disapproved No Action Article 30. To see if the Town will vote to amend the Zoning Bylaw by inserting the following in section 5:

144 5.1.5 The storing of up to five unregistered motor vehicles or major parts thereof within view of a public way. The storing of more than five unregistered motor vehicles within view of a public way is prohibited unless written authorization is given by the Board of Selectmen following an investigation and report by the Board of Health. Authorization shall be given only if no hazard to health or safety is involved and no unsightly condition is created. Exempted from this section are vehicles customarily used in agriculture, vehicles customarily used for excavation and grading of the land, and vehicles not designed for use on public ways such as lawn mowing equipment, all terrain vehicles, and snow mobiles., or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 31. To see if the Town will vote to amend the Zoning Bylaw by inserting the following in section 2:

2.3.2 PRINCIPAL USE, ACCESSORY USE A principal use is a main or primary use of a lot or structure. More than one principal use may be allowed on a lot, except where such use is a dwelling and provided that each principal use is permitted and the sum of such principal uses complies with the other requirements of this By-Law.

An accessory use is one that constitutes only an incidental or insubstantial part of the total activity that takes place on a lot and is commonly associated with and integrally related to the principal use.

Even though a use may be a principal use in another situation, it may be conducted as an accessory use in conjunction with another principal use provided it is insubstantial, incidental, commonly associated with and integrally related to that principal use and does not exceed the size set forth in subparagraph 2.3.2.1.

2.3.2.1 LIMIT ON SIZE OF ACCESSORY USES An accessory use shall not occupy more than 25 percent of the area of a lot nor exceed the gross floor area of the principal use on a lot except that such

145 limitation shall not apply to off-street parking. An accessory apartment may not exceed 35% of the living area of the combined accessory apartment and principal dwelling., or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 32. To see if the Town will vote to amend the Zoning Bylaw by deleting “60%” from section 4.2.6 and replace it with “100%” and deleting “CMR 33” and replace it with “310CMR 10”, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 33. To see if the Town will vote to discontinue old Wellington Road from Pillsbury Road to its terminus near the Allegretto house formerly the Wellington house, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 34. To see if the Town will vote to discontinue the road from South Road to Valley Road formerly known as Wilder Road being the same road accepted by article 20 of the March, 1869 town meeting, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 35. To see if the Town will vote to discontinue Sheldon Road from South Road near the Pernaa farm to its terminus, or take any action thereon. Finance Committee action: Approved Disapproved √ No Action

Article 36. To see if the Town will vote to amend the Town Bylaws by adding the following: Article XVI REGULATION OF LIGHTING

146 Section 1. PURPOSE The purpose of this bylaw is to prohibit the intrusion of direct lighting across property lines and to eliminate lighting that produces glare on public ways.

Section 2. DEFINITIONS Light Trespass: The shining of direct light produced by a luminaire beyond the boundaries of the lot or parcel on which it is located.

Lumen: A unit of luminous flux. One footcandle is one lumen per square foot.

Luminiare: A complete lighting system which includes a lamp or lamps, reflectors, shades, and a fixture.

Glare: Light emitting from any luminaire with an intensity great enough to reduce the viewer's ability to see.

Section 3. REGULATION 1. Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens shall be equipped with whatever shielding, lenses, or cutoff devices are required to eliminate light trespass onto any street or abutting lot or parcel and to eliminate glare perceptible to persons on any street or abutting lot or parcel.

Section 4. EXCEPTIONS Any luminaire with a lamp or lamps rated at a total of 1800 lumens or less. Luminaires used for public-roadway illumination.

All temporary emergency lighting need by the Police, Fire or Highway Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this article.

All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this article, except that all luminaires used must be red and must be shown to be as close as possible to the Federally required minimum lumen output requirement for the specific task.

Temporary illumination of construction sites, sporting events or other recreational events that are temporary in nature.

147 Section 5. PENALTY Any owner found in violation of the provisions of this by-law shall be subject to a fine in accordance with the following schedule. Each day shall be considered a separate offense except that the first offense shall allow 30 days to bring the luminaire into compliance with this bylaw.

1st offense: Written Warning 2nd offense: Thirty-five dollars ($35.00) 3rd offense in any 12 month period: Fifty Dollars ($50.00), or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 37. To see if the Town will vote to amend Article III of the Town By-Law by adding Section 6, Community Preservation Committee:

Section 6. 1. Establishment

The Community Preservation Committee is hereby established consisting of 7 voting members. The composition of the Committee, the Appointment Authority and the term of office of the committee members shall be as follows:

One member of the Conservation Commission as designated by the Commission for a term of three years however the initial term following adoption shall be one year.

One member of the Historic Commission as designated by the Commission for a term of three years however the initial term following adoption shall be one year.

One member of the Planning Board as designated by the Board for a term of three years however the initial term following adoption shall be two years. One member of the Parks Department as designated by the Department for a term of three years however the initial term following adoption shall be two years.

148 One member of the Board of Selectmen as designated by the Board for a term of three years.

Two members elected at large for a term of three years however the initial term of one member following adoption shall be two years.

Each commission, board, or department shall elect one of its members to the Community Preservation Committee in May of the year in which that term expires. Should a member of a Commission, Board or Department leave that Commission, Board or Department through expiration of term or resignation, that member shall no longer be a member of the Community Preservation Committee. Should a Commission, Board or Department lose its representative on the committee, it shall elect a new member from the Commission, Board or Department to fill the remainder of the term.

In case of a vacancy of an elected-at-large position, the Selectmen may fill the vacancy through appointment of a member until the next Annual Town Election.

Section 6.2 Powers and Duties The Committee shall study the Town’s community preservation needs and resources and develop a community preservation plan. The plan will be a multi-year plan that prioritizes projects to address the Town’s community preservation needs and shall include a multi-year projection of revenue and expenditure. The committee shall review and update the plan annually. As part of the annual review the committee will hold at least one public hearing, which shall be posted at least two weeks prior to the hearing and shall publish said notice in a newspaper of general circulation in each of the two weeks prior to the hearing.

The Committee shall make recommendations to the annual town meeting regarding the appropriation or the reservation revenue for the Community Preservation Fund.

Section 6.3 Requirement for a quorum and cost estimates The community preservation committee shall not meet or conduct business without the presence of a quorum. A majority of the members of the community preservation committee shall constitute a quorum. The committee

149 shall approve its actions by a majority vote. Recommendations to the Town meeting shall include their anticipated costs.

Section 6.4 Effective Date Following annual town meeting and electorate approval, this Chapter shall take effect immediately upon approval by the Attorney General of the Commonwealth. Each appointing authority shall have thirty days after approval by the Attorney General to make their initial appointments. Should any appointing authority fail to make their appointment within the allotted time, the Board of Selectmen shall make the appointment. The Board of Selectmen shall appoint two at large members until the next annual town election., or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

Article 38. To see if the Town will vote to amend the Zoning map designated along Fitchburg State road from Kendall Hill Road to the southerly line of Parcel 68.1 of Map 11 as Residential/Commercial A for a depth of five hundred feet from the center line of Fitchburg State Road and to amend the Zoning By laws by adding “6.4.2.5 Sale of Automobiles.”, or take any action relative thereto. Finance Committee action: Approved Disapproved √ No Action

Article 39. To see if the Town will vote to accept, with respect to two certain parcels of real estate, hereinafter described and referred to as Parcel 1 and Parcel 2, to authorize the Board of Selectmen hereafter, at any time, to accept the Town’s remainderman’s interest as set forth in the deed to Parcel 1 and to accept Parcel 2 as a gift to the Town, to be used for any purposes of the Town deemed suitable therefore by the Board of Selectmen, in their sole discretion, including providing headquarters for the Ashby Veterans of Foreign Wars Post No. 10337 in conformance to Chapter 40, Section 9, of the General Laws of the Commonwealth of Massachusetts, said two parcels of real estate shown on Assessors’ Map 8 and Parcel 7.1 and being further identified and described as follows:

Parcel 1 – Title as shown in deed from Ashby Maja Social Club, Inc. to Ashby Veterans of Foreign Wars Post No. 10337, dated March 2, 1978, and recorded

150 with Middlesex Southern District Registry of Deeds, Book 13398, Page 643, and described thus:

The land in the westerly part of said Ashby, with the buildings thereon which is on the westerly side of the road leading from the State road at Ingerson’s Corner, past the house of Addie Wright and which is bounded as follows:

Beginning at the Southeast corner of the premises at land of one Charles J. Lidberg and at the Westerly bound of said road; thence running Northeasterly along the bound of said road about seven and one-half (7 ½) rods to the end of a stone wall, at land of Frank Ingerson; thence

Northerly by land of said Ingerson and said wall, about twelve and one- half (12 ½) rods to a wall of said Lidberg; thence by said wall and said Lidberg’s land

Northwesterly about twelve and one-half (12 ½) rods to a stake at said Lidberg’s land; thence

Southerly, in a straight line about twenty (20) rods by said Lidberg’s land about twelve and one-half (12 ½) rods to the place of beginning.

Containing one and one-half (1 ½) acres, more and less.

Parcel 2 – Title as shown in deed from George C. and Marion E. Elliott to Ashby Veterans of Foreign Wars Post No. 10337, dated February 2, 1986, and recorded with Middlesex Southern District Registry of Deeds, Book 16962, Page 166, and described thus:

A parcel of land located on the westerly side of Erickson Road in the northwesterly side of Ashby, Massachusetts, and more particularly bounded and described as follows:

Beginning at the northeasterly corner of the granted premises at a stone wall at land of Frederick K. Whitney and the grantee; thence

151 S. 21º 46’ 11” W. from said stone wall along land of the grantee, three hundred thirty (330) feet to land to be retained by grantors; thence

N. 47º 08’ 08” W. by said land of grantors, three hundred sixty-three and 83/100 (363.83) feet to land of grantors; thence

N. 45º 00’ 00” E. by said land of grantors, two hundred seventy-four and 80/100 (274.80) feet to a made drill hole in a stone wall at land of Peter McMurray et ex; thence

S. 51º 38’ 05” E. partly by said McMurray land and partly by land of said Whitney, along a stone wall, ninety-five and 46/100 (95.46) feet to a made drill hole in said stone wall; thence

S. 55º 36’ 14” E. by land of said Whitney, along said stone wall, ninety-nine and 89/100 (99.89) feet to a made drill hole in said stone wall; thence

S. 62º 18’ 13” E. by land of said Whitney, along said stone wall, forty- two and 32/100 (42.32) feet to the place of beginning.

Containing two (2.00) acres of land. or take any action in relation thereto. Finance Committee action: √ Approved Disapproved No Action

Article 40. To see if the Town will vote to reaccept a restricted special revenue account according the Massachusetts General Laws, Chapter 44, Section 53e½ for the purpose collecting and paying for ambulance advanced life support services and billing/collection fees, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action Article 41. To see if the Town will vote to appropriate a sum of money to the Stabilization Fund, or take any action thereon. Finance Committee action: √ Approved Disapproved No Action

And you are hereby directed to serve this warrant by posting an attested copy in at least three (3) public places in said Ashby seven (7) days at least before

152 holding of said meeting. Hereof, fail not, and make due return of this warrant with your doings thereon, to the Town Clerk at the time and place of meeting aforesaid.

Michael McCallum, Janet Flinkstrom, Peter McMurray, Chair Procurement Clerk

By virtue of this precept, I have posted three (3) attested copies of the foregoing warrant in three (3) public places in said Ashby at least seven days before the time of said Annual Town Meeting.

Date: ______William Davis, Constable of Ashby

RESULTS OF ANNUAL TOWN MEETING MAY 4, 2002

The warrant was returned to the Town Clerk by Constable William Davis at 9:00 A.M.

153 With a quorum present, the Moderator Peter Rourke called the meeting to order. The rules remain the same for this meeting as last. The warrant showed it had been properly served. The motion was made and seconded to waive the reading of the warrant, and so voted.

Article 1. The motion was made and seconded to elect all other town officers not required to be on the official ballot.

VOTE: UNANIMOUS

Article 2. The motion was made and seconded to hear the reports of the various town officials and committees.

Finance Committee report on Cemetery Perpetual Care account from Special Town Meeting May 2, 2001. No final report as yet and will be presented at the next Special Town meeting.

Finance Committee special report on financial status of Ashby going into FY 2003.

VOTE: UNANIMOUS

Article 3. The motion was made and seconded to authorize the Treasurer to borrow funds as necessary in anticipation of revenue, in accordance with Chapter 44, Sections 23 to 27 of the Massachusetts General Laws.

VOTE: UNANIMOUS

Article 4. The motion was made and seconded to accept the following sums in trust and the income therefrom to be expended for the perpetual care of lots as follows:

Glenwood Cemetary

Amount Name Ave Lot Section .

154 $ 150.00 Faith E. Antilla B 12R Lyman $ 100.00 Gertrude Fields B 33 Lyman $ 100.00 Patricia Baron B 32 Lyman $ 150.00 Michael McCallum B 13R Lyman $ 100.00 Rollo Tucker B 14R Lyman $ 250.00 Sally Tracy C 19 Lyman $ 325.00 Larry Swope B 30, 31 Lyman $ 200.00 Janice Ouelette C 20 Lyman $ 500.00 Lori Rainville C 24 Lyman $ 250.00 Gary Beals C 22 Lyman $ 150.00 Lorraine Pease B 15 Lyman $ 100.00 Edward Hassett B 16R Lyman $ 100.00 Arnold Suokko B 18R Lyman $ 200.00 Brenda J. Annan C 23 Lyman

West Cemetery

Amount Name Ave. Lot Section $ 500.00 Edith Cronin 3 rd 179 II $ 150.00 Linda Kari Olkkola 3 rd 183R II $ 150.00 Dona Sue LaRue 3 rd 180 II $ 350.00 Eileen Mason 3 rd 181 II $ 250.00 Louise Philbrick 3 rd 182 II $ 250.00 Dave Philbrick 3 rd 184 II $ 100.00 Donald Beals 3 rd 185R II $ 250.00 Ada Philbrick 3 rd 187 II $ 100.00 Tracy Bitondo 3 rd 186 II

VOTE: UNANIMOUS Article 5. The motion was made and seconded to raise and appropriate the money necessary to defray charges and expenses of the Town for the ensuing fiscal year (FY2003) beginning July 1, 2002 and ending June 30, 2003, and to fix the salaries of all elected officials.

The motion was made and seconded to raise and appropriate the sum of $402,765.13 for General Government.

155 VOTE: UNANIMOUS

The motion was made and seconded to raise and appropriate the sum of $574,321.01 for Protection of Persons and Property.

VOTE: UNANIMOUS

The motion was made and seconded to raise and appropriate the sum of $2,068,067.00 for Education.

VOTE: UNANIMOUS

The motion was made and seconded to raise and appropriate the sum of $360,451.93 for Public Works and Facilities.

VOTE: UNANIMOUS

The motion was made and seconded to raise and appropriate the sum of $36,963.00 for Human Service.

VOTE: UNANIMOUS

The motion was made and seconded to raise and appropriate the sum of $41,557.21 for Culture and Recreation.

VOTE: UNANIMOUS

The motion was made and seconded raise and appropriate the sum of $242,848.30 for General Government Expenses.

VOTE: UNANIMOUS Article 6. The motion was made and seconded to appropriate the sum of $74,846.58 from free cash in order to defray charges and expenses of the Town for the ensuing fiscal year (FY2003) beginning July 1, 2002 and ending June 30, 2003.

VOTE: UNANIMOUS

156 Article 7. The motion was made and seconded to authorize the transfer the sum of $4,047.11 to the Ashby Elementary School.

Sumner Taylor School Fund $ 446.00 Samuel P. Gates School Fund $3,393.13 Jesse Foster School Fund $ 207.98 $4,047.11

VOTE: UNANIMOUS

Article 8. The motion was made and seconded to appropriate the sum of $20,000 from free cash to the Solid Waste Management account for the purpose of paying for solid waste disposal services.

VOTE: UNANIMOUS

Article 10. The motion was made and seconded to appropriate the sum of $19,174 from free cash for the purpose of paying for a full time Fire Chief position.

VOTE TO END DEBATE: UNANIMOUS VOTE: UNANIMOUS

Article 11. The motion was made and seconded to transfer the care, custody, maintenance and control of a portion of the parcel of land described below from the Parks Department to the Board of Selectmen for the purposes of the sale of land located on West Road and is described in a deed recorded with the Middlesex South District Registry of Deeds in Book 5618 Page 124 dated December 19, 1931; and further, to see if the Town will vote to authorize the Board of Selectmen to petition the Massachusetts General Court to approve the change in use of a portion of said land for the purpose stated herein pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts.

157 VOTE: DEFEATED DECLARED BY MODERATOR

VOTE: PASSED Article 13. The motion was made and seconded to appropriate the sum of $28,000 from free cash to for the purchase of a police cruiser.

VOTE: PASSED

Article 14. The motion was made and seconded to appropriate the sum of $2,200 from free cash to purchase a generator for the police station.

VOTE: PASSED

Article 15. The motion was made and seconded to appropriate the sum of $89,000 from free cash to purchase a new highway dump truck with plow.

VOTE: UNANIMOUS

Article 16. The motion was made and seconded to raise and appropriate the sum of $165,273.12 for the purpose of reclaiming and paving Mason Road from New Ipswich Road to Heywood Road provided that the amount authorized to be borrowed shall be contingent upon the vote at the Town election to exempt from Proposition 2½ so called the amount required to satisfy the obligations, including principal and interest under the bonds.

VOTE: YES- 113 NO-35 PASSED Article 17. The motion was made and seconded to appropriate the sum of $10,000 from free cash to purchase fire safety equipment.

VOTE: UNANIMOUS

Article 18. The motion was made and seconded to authorize the Board of Selectmen to convey to Stephen R. and Caryn Cote for up to $2000.00 the

158 parcel of land known 211 Log Cabin Road and further described as Assessors’ Map 14, Parcel 31, acquired by the Town through Low Value Tax Taking dated July 25, 1966 and recorded with Middlesex South District Registry of Deeds in Book 11177, Page 377.

VOTE: UNANIMOUS

VOTE: PASSED

VOTE: UNANIMOUS

Article 23. The motion was made and seconded to authorize the Selectmen to enter into a lease agreement with such terms as are in the best interest of the Town to allow wind generation on the landfill site.

VOTE: DEFEATED DECLARED BY MODERATOR Article 24. The motion was made and seconded to authorize the Selectmen to sell or otherwise dispose of the Wiita house and up to five acres, more or less, if in the best interest of the Town.

The motion was made and seconded to amend Article 24 by deleting the word "five" and inserting the number "3.5".

159 VOTE ON AMENDMENT: PASSED

The motion was made and seconded to amend Article 24 by deleting the words "or otherwise dispose".

VOTE ON SECOND AMENDMENT: DEFEATED VOTE TO END DEBATE: UNANIMOUS VOTE ON AMENDED ARTICLE: PASSED

VOTE: PASSED Article 26. The motion was made and seconded to amend the Zoning Bylaw by deleting definitions 35 & 36 and inserting the following definitions:

"35) PERSONAL WIRELESS SERVICES. Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services 36) PERSONAL WIRELESS SERVICE FACILITY. Facility for the provision of personal wireless services, as defined by the Telecommunications Act. " and replace all instances of the words "Public Wireless Communications Facility" in sect 4.7 with the words "Personal Wireless Communications Facility" and delete section 4.7.2.2 and insert the following sections: "4.7.2.2.Structures 4.7.2.2.1 If feasible, personal wireless service facilities shall be located on existing structures, including but not limited to buildings, existing telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more personal wireless service facilities. If located on a utility structure within the utility or public right of way no setbacks shall apply. The facility shall not increase the height of the structure by more than ten feet. If located on an existing building, the setback and height provisions of the zoning district shall apply however the 160 personal wireless communication facility shall not project more than ten feet above the roof line of the building. In the case of pre-existing non-conforming buildings, personal wireless service facilities and their equipment shelters shall not increase any non-conformities. No personal wireless facilities shall locate on the exterior of any structure in the historic district. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate. 4.7.2.2.2 If the applicant demonstrates that it is not feasible to locate on an existing structure, personal wireless service facilities shall be located on a free- standing monopole as specified in section 4.7.4. All free standing monopole sites must meet the dimensional requirements of the district in which they are located or this section, whichever is greater. Lattice style towers and similar types of construction with or without guy wires are not allowed." and insert the following section "4.7.2.5 Any new free standing personal wireless service facility shall provide at least one carrier of personal wireless services". and insert the following sentence in 4.7.4.3 after the first sentence, "The applicant shall have the burden of proving that there are no feasible existing facilities upon which to locate." VOTE: UNANIMOUS

Article 27. The motion was made and seconded to appropriate the sum of $3,000 in order to purchase materials to make repairs to the Fire Station provided that the amount authorized to be borrowed shall be contingent upon the vote at the Town election to exempt from Proposition 2½ so called the amount required to satisfy the obligations, including principal and interest under the bonds.

VOTE: PASSED Article 28. The motion was made and seconded to appropriate the sum of $35,000 for the purpose of refurbishing the Fire Ladder Truck provided that the amount authorized to be borrowed shall be contingent upon the vote at the Town election to exempt from Proposition 2½ so called the amount required to satisfy the obligations, including principal and interest under the bonds.

VOTE: UNANIMOUS

161 Article 29. The motion was made and seconded to amend the Town By- Laws by adding to Article IX, Use of way, Waterways and Public Places:

Section 8:

No person shall leave a motor vehicle parked and unattended in a public way so that it interferes with the flow of traffic. All vehicles in violation will be towed at the owner’s expense. Motor vehicles which are parked while performing construction tasks must not at any time completely block traffic flow on any public way. Vehicles doing so will need authorization from the highway department and must comply with any requirements set by the highway superintendent. Vehicles responding to emergency calls are excluded.

Section 9:

No one may unload at any time off road construction equipment in a public roadway without adequate padding to protect the existing road surface. Anyone doing so will be responsible for any needed road repairs and may be fined for repeated violations. The Board of Selectmen will set the fines after considering the damage caused and number of previous offenses.

VOTE: UNANIMOUS

Article 30. The motion was made and seconded to amend the Zoning Bylaw by inserting the following in section 5:

5.1.5 The storing of up to five unregistered motor vehicles or major parts thereof within view of a public way. The storing of more than five unregistered motor vehicles within view of a public way is prohibited unless written authorization is given by the Board of Selectmen following an investigation and report by the Board of Health. Authorization shall be given only if no hazard to health or safety is involved and no unsightly condition is created. Exempted from this section are vehicles customarily used in agriculture, vehicles customarily used for excavation and grading of the land, and vehicles not designed for use on public ways such as lawn mowing equipment, all terrain vehicles, and snow mobiles.

162 The motion was made and seconded to amend Article 30 by deleting the words "and no unsightly condition is created".

VOTE ON AMENDMENT: DEFEATED VOTE TO END DEBATE: UNANIMOUS VOTE: YES-74 NO- 71 DEFEATED

Article 31. The motion was made and seconded to amend the Zoning Bylaw by inserting the following in section 2:

2.3.2 PRINCIPAL USE, ACCESSORY USE A principal use is a main or primary use of a lot or structure. More than one principal use may be allowed on a lot, except where such use is a dwelling and provided that each principal use is permitted and the sum of such principal uses complies with the other requirements of this By-Law.

An accessory use is one that constitutes only an incidental or insubstantial part of the total activity that takes place on a lot and is commonly associated with and integrally related to the principal use.

Even though a use may be a principal use in another situation, it may be conducted as an accessory use in conjunction with another principal use provided it is insubstantial, incidental, commonly associated with and integrally related to that principal use and does not exceed the size set forth in subparagraph 2.3.2.1.

2.3.2.1 LIMIT ON SIZE OF ACCESSORY USES An accessory use shall not occupy more than 25 percent of the area of a lot nor exceed the gross floor area of the principal use on a lot except that such limitation shall not apply to off-street parking. An accessory apartment may not exceed 35% of the living area of the combined accessory apartment and principal dwelling. The motion was made and seconded to amend Article 31 by deleting section 2.3.2.1 and deleting the words " and does not exceed the size set forth in subparagraph 2.3.2.1" from section 2.3.2.

VOTE ON AMENDMENT: PASSED VOTE: PASSED

163 DECLARED BY MODERATOR

Article 32. The motion was made and seconded to amend the Zoning Bylaw by deleting “60%” from section 4.2.6 and replace it with “100%” and deleting “CMR 33” and replace it with “310CMR 10.55, Section 2".

The motion was made and seconded to amend Article 32 by deleting "100%" and replacing it with "80%".

VOTE ON AMENDMENT: PASSED VOTE ON AMENDED ARTICLE: DEFEATED DECLARED BY MODERATOR

Article 33. The motion was made and seconded to discontinue old Wellington Road from Pillsbury Road to its terminus near the Allegretto house formerly the Wellington house.

VOTE: PASSED

Article 34. The motion was made and seconded that Article 34 be referred to a committee to be appointed by the Board of Selectmen and the Planning Board to study and report to the next town meeting.

VOTE: UNANIMOUS

Article 35. The motion was made and seconded that Article 35 be referred to a committee to be appointed by the Board of Selectmen and the Planning Board to study and report to the next town meeting.

VOTE: UNANIMOUS Article 36. The motion was made and seconded to amend the Town Bylaws by adding the following:

Article XVI REGULATION OF LIGHTING

Section 1. PURPOSE

164 The purpose of this bylaw is to prohibit the intrusion of direct lighting across property lines and to eliminate lighting that produces glare on public ways.