Politics & Government
Text Of Lynnfield's 2012 Town Warrant
Lynnfield voters will be asked to consider 24 warrant items at town meeting tonight at 7:30 p.m. at Lynnfield Middle School.
The following is the text of the 2012 Lynnfield Town Warrant as provided at the selectmen's meeting on Monday, March 19, 2012.
LYNNFIELD TOWN WARRANT
THE COMMONWEALTH OF MASSACHUSETTS
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ANNUAL TOWN ELECTION - APRIL 9, 2012
ANNUAL TOWN MEETING - APRIL 30, 2012
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Essex, ss.
To the Constable of the Town of Lynnfield in the County of Essex, GREETINGS:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of said Town, qualified to vote in elections and in Town affairs, to meet in their respective polling places in said Lynnfield, on Monday, April 9, 2012 at 7:00 a.m., then and there to bring in their votes on one ballot for the choice of all necessary Town Officers for the ensuing year, chosen in this manner, viz.: one Assessor for three years; two Library Trustees for three years; one Moderator for one year; one Planning Board member for five years; one Planning Board member for one unexpired term; one Housing Authority member for five years; one Housing Authority member for an unexpired term; two School Committee members for three years; and one Selectman for three years.
The Polls in each precinct will open at 7:00 a.m., and will be closed at 8:00 p.m., on said April 9, 2012. The polling places for voters in Precincts 1, 2, 3 and 4 will be at Lynnfield High School, Essex Street, all in said Lynnfield.
And you are further directed to notify and warn the inhabitants of the Town of Lynnfield qualified to vote in elections and Town affairs, to meet in the Middle School Auditorium, Cafeteria, and the Gymnasium, if necessary, on Monday, April 30, 2012 at 7:30 p.m., then and there to act on the following articles:
ARTICLE 1. To act on reports of town officers and special committees as published.
Submitted by BOARD OF SELECTMEN
ARTICLE 2. To choose all Town officers not required to be chosen by ballot: viz.; three field drivers, one pound keeper and three wood measurers.
Submitted by BOARD OF SELECTMEN
ARTICLE 3. To see if the Town will vote to FIX THE COMPENSATION of each of the Elective Officers of the Town as required by General Laws, Chapter 41, Section 108, as amended.
Submitted by BOARD OF SELECTMEN
ARTICLE 4. To see if the Town will vote to raise and appropriate or transfer from available funds, sums of money to supplement certain accounts in the current 2012 Fiscal Year where balances are below projected expenditures for various reasons; or what action it will take thereon.
Submitted by BOARD OF SELECTMEN
ARTICLE 5. To see if the Town will vote to raise and appropriate or appropriate by transfer from available funds, sums of money to pay overdue bills of a prior fiscal year, or what action it will take thereon.
Submitted by BOARD OF SELECTMEN
ARTICLE 6. To see if the Town will vote to raise and appropriate, appropriate by transfer from available funds, or otherwise, a sum of money for the necessary Town charges and expenses; or what action it will take thereon.
Submitted by BOARD OF SELECTMEN
ARTICLE 7. To see if the Town will vote to raise and appropriate, appropriate by transfer from available funds or by borrowing, or from any or all such sources, sums of money for the purchase of various equipment and items in the nature of capital expenditure and to give authority to credit the value of the various old equipment to be turned in toward the purchase price of said items, said sums of money to be expended under the direction of various Town boards, committees, or officers; or what action it will take thereon.
Submitted by BOARD OF SELECTMEN
ARTICLE 8. To see if the Town will vote to reauthorize the establishment of a Revolving Fund under the provisions of Chapter 44, Section 53 E-1/2, to be spent by the Council on Aging, limited to a certain amount, without further appropriation during FY 2013, to pay expenses and contractual services required to operate Senior Center Activities and field trips; said fund to be credited with all fees and charges received during FY 2013 from persons taking part in said activities and field trips; or what action it will take thereon.
Submitted by BOARD OF SELECTMEN
ARTICLE 9. To see if the Town will vote to reauthorize the establishment of a Revolving Fund under the provisions of Chapter 44, Section 53 E-1/2, to be spent by the Board of Health, limited to a certain amount, without further appropriation during FY 2013, to pay expenses and contractual services required to operate the Flu Clinic; said fund to be credited with recovery through third party billing received during FY 2013 from persons taking part in said activities; or what action it will take thereon.
Submitted by BOARD OF HEALTH
ARTICLE 10. To see if the Town will vote to reauthorize the establishment of a Revolving Fund under the provisions of Chapter 44, Section 53 E-1/2, to be spent by the Board of Library Trustees, limited to a certain amount, without further appropriation during FY 2013, to pay expenses related to book replacement and new book acquisitions, said fund to be credited with all fines collected for the loss of library books received during FY 2013 from persons paying such fines; or what action it will take thereon.
Submitted by BOARD OF LIBRARY TRUSTEES
ARTICLE 11. To see if the Town will vote to reauthorize the establishment of a Revolving Fund under the provisions of Chapter 44, Section 53 E-1/2, to be spent by the Recreation Commission, limited to a certain amount, without further appropriation during FY 2013, to pay expenses and contractual services required to operate Recreation Activities and field trips; said fund to be credited with all fees and charges received during FY 2013 from persons taking part in said activities and field trips; or what action it will take thereon.
Submitted By BOARD OF SELECTMEN
ARTICLE 12. To see if the Town will vote to appropriate a sum of money from Emergency Medical Service Enterprise receipts to pay expenses and contractual services required to operate the emergency medical service in the Town of Lynnfield, said Enterprise Fund to be credited with all fees and charges received during Fiscal Year 2013 from persons using said service; or what action it will take thereon.
Submitted By BOARD OF SELECTMEN
ARTICLE 13. To see if the Town will vote to appropriate a sum of money from Golf Enterprise receipts and or Golf Enterprise Retained Earnings to pay expenses and contractual services required to operate the Reedy Meadow Golf Course and King Rail Golf Course, said Enterprise Fund to be credited with all fees and charges received during Fiscal Year 2013 from persons using the golf course; or what action it will take thereon.
Submitted By BOARD OF SELECTMEN
ARTICLE 14. To see if the Town will vote to appropriate a sum of money for highway design, construction and maintenance and for all other purposes which are authorized by law and to fund such effort with so-called Chapter 90 money approved for said use by the Commonwealth of Massachusetts; or what action it will take thereon.
Submitted By BOARD OF SELECTMEN
ARTICLE 15. To see if the Town will vote to accept as a public way, as laid out and reported by the Board of Selectmen, Tappan Way as shown on a plan of land entitled “Definitive Plan/Tappan Way/Lynnfield, Mass,” dated March 18, 2003 by Hayes Engineering, Inc. and revised through January 27, 2004 by Hayes Engineering, Inc., a copy of which plan is on file at the office of the Town Clerk and available for inspection, and to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain such interests in land as may be necessary or appropriate to create such public way, or what action it will take thereon.
Submitted by BOARD OF SELECTMEN
ARTICLE 16. To see if the Town will vote to accept as a public way, as laid out and reported by the Board of Selectmen, Bridle Path as shown on a plan of land entitled “Index Sheet/Bridle Path/Lynnfield, Mass,” dated March 25, 2003 by Hayes Engineering, Inc. and revised through September 22, 2004 by Hayes Engineering, Inc., a copy of which plan is on file at the office of the Town Clerk and available for inspection, and to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain such interests in land as may be necessary or appropriate to create such public way, or what action it will take thereon.
Submitted by BOARD OF SELECTMEN
ARTICLE 17. To see if the Town will vote to accept as a public way, as laid out and reported by the Board of Selectmen, Haywood Farm as shown on a plan of land entitled “Definitive Plan/Haywood Farm/Lynnfield, Mass,” dated May 29, 2003 by Hayes Engineering, Inc. and revised through November 11, 2003 by Hayes Engineering, Inc., a copy of which plan is on file at the office of the Town Clerk and available for inspection, and to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain such interests in land as may be necessary or appropriate to create such public way, or what action it will take thereon.
Submitted by BOARD OF SELECTMEN
ARTICLE 18. To see if the Town will vote to accept as a public way, as laid out and reported by the Board of Selectmen, Indian Road as shown on a plan of land entitled “Definitive Plan/Indian Road and portion of Mansfield Road/Lynnfield and Saugus, Mass,” dated January 28, 2000 and revised April 24, 2000 by Otte and Dwyer, Inc., a copy of which plan is on file at the office of the Town Clerk and available for inspection, and to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain such interests in land as may be necessary or appropriate to create such public way, or what action it will take thereon.
Submitted by BOARD OF SELECTMEN
ARTICLE 19. To see if the Town will vote to adopt a General Bylaw setting the fees to be charged by the Board of Health, to be codified at the end of Chapter 2 of the Town’s General Bylaws entitled “Financial and Administrative,” as follows:
“The fees to be charged by the Board of Health for the services, licenses, permits and the like furnished by it and its agents shall be as follows:
Animal permit (for up to 5 birds, horses or other animals subject to a permit requirement) $ 25
Body piercing (initial permit) $200
Body piercing (annual renewal) $100
Bottled water permit $105
Camp license (state mandated) $50
Food catering permit $30
Food establishment permit (for-profit only; fee waived for non-profits) $200
Frozen dessert manufacture $35
Residential kitchen initial permit $85
Residential kitchen permit renewal $50
Retail (less than 1,000 square feet) $75
Retail (1,000 square feet or more) $125
Supermarket $475
Temporary food establishment permit (for-profit only; fee waived for non-profits) $35
Food establishment plan reviews
New or renovated food establishment (up to 25 seats) $100
If due to change of ownership or minor modification $50
New or renovated food establishment (more than 25 but fewer than 100 seats) $150
If due to change of ownership or minor modification $75
New or renovated food establishment (100 or more seats) $200
If due to change of ownership or minor modification $100
New or renovated supermarket $350
If due to change of ownership or minor modification $175
Food hazard analysis critical control point plan review $35
Food mobile license $75
Mobile vendor and/or caterer plan review $50
Food retail license $75
Permit for removal or transportation of garbage, offal or other offensive substances $100
Lodging, motel or hotel (per unit) $5
Septic systems
Disposal system construction permit
Permit for new single-family, residential construction of up to 4 bedrooms $250
Each additional bedroom $100
Commercial $500
Extension (only 1 allowed per state law) $100
Permit revision for change in installer $15
Installer’s license $100
Installer’s exam $50
Soil/percolation test (up to 4 hours) $200
Each additional hour $65
Deep hole observation for groundwater determination $65
Disposal of septage (per truck) $100
Disposal system plan review
Up to 4 bedrooms $125
More than 4 bedrooms $200
Revision due to technical deficiency or relocation of component $100
Subdivision plan review
Preliminary plan $35
Definitive plan $150
Swimming pools
Permit for indoor swimming pool $200
Permit for outdoor / seasonal swimming pool $125
Permit for special purpose pool (wading, whirlpool, spa, etc.) $100
Swimming pool plan review $125
If due to renovation $75
Tanning salon license $105
Additional tanning beds $ 30
Plan review $ 50
If due to renovation $ 25
Tobacco permit $200
Well permit $100
Late fee (for any annual license or permit where application is received
after expiration of prior license or permit - $35 or what action it will take thereon.
Submitted by BOARD OF HEALTH
ARTICLE 20. To see if the Town will vote to amend the Zoning Bylaws by revising § 9.1, “Flood Plain Districts,” as follows:
1. Revising the title of the section from “Flood Plain Districts” to “Flood Plain District;”
2. Deleting § 9.1.2, “Location,” in its entirety and replacing it with the following:
“9.1.2 Location
The Flood Plain District includes all special flood hazard areas within the Town of Lynnfield designated as Zone A and Zone AE on the Essex County Flood Insurance Rate Map (‘FIRM’) issued by the Federal Emergency Management Agency for the administration of the National Flood Insurance Program. The map panels of the Essex County FIRM that are wholly or partially within the Town of Lynnfield are panel numbers:
25009C0383F,
25009C0387F,
25009C0389F,
25009C0391F,
25009C0392F,
25009C0393F,
25009C0394F, and
25009C0413F
dated July 3, 2012. The exact boundaries of the District are defined by the 100-year base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (‘FIS’) report dated July 3, 2012. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk.”; and
3. Deleting § 9.1.6, “Restrictions,” in its entirety and replacing it with the following:
“9.1.6 Restrictions
Notwithstanding any other provision of these Zoning Bylaws to the contrary, no building or structure shall be constructed and no dumping or filling shall be permitted in a floodway as shown on the FIRM except that new structures may be constructed or existing structures may be altered or repaired provided that such activities will improve the flood capacity of the floodway and provided that a special permit therefor is issued by the Board of Appeals. Under no circumstances shall any such special permit be issued, nor any construction or activity allowed anywhere in the District, that would be in violation of Paragraph 60.3(d) of the National Flood Insurance Program regulations, 44 CFR 60.3. The said paragraph is incorporated herein by reference, and a copy of it is on file with the Town Clerk.”
or to see what action it will take thereon.
Submitted by PLANNING BOARD
ARTICLE 21. To see if the Town of Lynnfield will vote to accept the provisions of Massachusetts General Laws Chapter 59, Section 5, Clause 54 exempting from taxation personal property less than an amount to be established by the Town, and to set the amount of such exemption at $2,000, or what action it will take thereon.
Submitted by BOARD OF ASSESSORS
ARTICLE 22. To see if the Town will vote to appropriate the sum of two thousand seven hundred one dollars and ninety-nine cents ($2701.99) to pay certain outstanding medical bills, and to empower the Town Administrator to pay any and all other bills associated with the August 12, 2010 line of duty injury suffered by Fire Lieutenant Keith Gauvreau, or what action it will take thereon.
Submitted by PETITION
ARTICLE 23 . To see if the Town will vote to authorize the Board of Selectmen to sell a parcel of town-owned land shown on Assessor’s Map 48 as Lot 2246 to abutting landowners, Bernard Scott Courtney and David Francis Sweeney, of 43 Green Street, Lynnfield, MA for the sum of $2,500; or what action it will take thereon.
Submitted by BOARD OF SELECTMEN
ARTICLE 24 . To see if the town will vote to transfer from the Sale of Real Estate Fund the sum of $100,000 for engineering services, preliminary design, and planning services for a new field complex to be located on land currently owned by the Lynnfield Center Water District; or what action it will take thereon.
Submitted by BOARD OF SELECTMEN
And you are further directed to serve this warrant, by posting up attested copies thereof, in at least six public places in said Town of Lynnfield, fourteen days at least before the time of holding 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, or before hand as aforesaid.
Given under our hands this 19th day of March in the year of our Lord two thousand and twelve.
Arthur J. Bourque III, Chairman
Robert P. MacKendrick, Selectman
Al Merritt, Selectman
A true copy
ATTEST: ________________________, Constable
Date:
Pursuant to the within Warrant, I have this day notified and warned the inhabitants of the Town of Lynnfield as herein directed by posting eight attested copies of the Warrant in said Lynnfield 14 days before the time and calling of said election.
Paul Minsky
Constable
Posted at:
Center Post Office
Colonial Village Market
Library
Pump ‘n Pantry
Senior Center
South Fire Station
South Post Office
Town Hall
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