***
Town
Warrant
Special
Town Meeting
Hampshire, ss.
To one of the Constables of the Town of
In the name of the
of the Amherst Regional Middle School in said
Amherst at seven-thirty o'clock p.m. on Monday,
the fifth day of November, two thousand and seven, when the following articles
will be acted upon by town meeting members:
ARTICLE 1. Reports of Boards and Committees (Select
Board)
To see if the Town will hear those reports of Town officers, the
Finance Committee, and any other Town boards or committees which are not
available in written form.
ARTICLE 2.
Transfer of Funds – Unpaid Bills (Finance Committee)
To see if the Town
will, in accordance with Chapter 44, Section 64, of the Massachusetts General
Laws, appropriate and transfer a sum of money to pay unpaid bills of previous
years.
ARTICLE 3. FY 08 Budget Amendments (Finance Committee)
A. To
see if the Town will amend the budget voted under Article 17 of the 2007 Annual
B. To see if the Town will appropriate and transfer $31,323 from Free Cash in the Undesignated Fund Balance of the General Fund for the Hampshire County Regional Lock-up Facility assessment.
ARTICLE 4. Property
Tax Exemptions for Veterans’ Organizations (Select
Board)
To see if the Town
will accept the provisions of Chapter 59, Section 5, Clause 5B of the
Massachusetts General Laws, which exempt from taxation the real and personal
estate belonging to or held in trust
for the benefit of
incorporated organizations of veterans of any war in which the United States
has been engaged, to the extent of $700,000 if used and occupied by such
association.
ARTICLE 5. Capital – Mark’s Meadow Portable Classrooms (Joint Capital Planning Committee)
To see if the Town will
appropriate $195,000 to pay costs of purchasing portable classrooms for
use by the School
Department, and for the payment of all other costs incidental and related
thereto,
which amount shall be
expended in addition to the $80,000 previously appropriated by the Town
for this purpose, to
determine whether this amount shall be raised by taxation, transfer, borrowing
or any combination of the
foregoing, or to take any other action relative thereto.
ARTICLE 6. Dissolution
of Senior Trust – Transfer of Funds (Select Board)
To see if the Town will receive funds
currently held by the Trustees of the Senior Trust, in order for
the Trust to dissolve according to the terms
of the Trust Agreement, and will appropriate funds in the amount received to be
transferred to the newly formed Friends of the Amherst Senior Center, Inc.
ARTICLE 7 Community Preservation Act – Open Space (Community Preservation
Act Committee)
A. To see if the Town will
appropriate $123,000 from the Community Preservation Fund annual revenues for
the purchase of land for open space purposes in
Parcel 7, 8, 9, 10, 11, 12, 13).
B. To see if the Town will 1) authorize the
of the Town Cadastre, located north of East Leverett Road, from Haskins
View LLC, to be managed and controlled by the Amherst Conservation Commission
in accordance with Chapter 40, Section 8C for conservation and passive
recreation purposes, 2) raise, borrow and/or appropriate a sum or money for the
acquisition of said land and to meet such appropriation with funds transferred and/or borrowed in accordance with
M.G.L. Chapter 44B, the Community Preservation Act, 3) authorize the Treasurer,
with the approval of the
under the Self-Help Act (M.G.L. Chapter 132A, Section 11) or any
other applications for funds in
any way connected with the scope of this acquisition, 5) authorize
the Town Manager, the Select
Board and/or the Conservation Commission, as they deem
appropriate, to enter into all agreements
and execute any and all instruments including the conveyance of a
perpetual deed restriction in accordance with M.G.L. Chapter 184 as required by
Section 12(a) of Chapter 44B as may be necessary on behalf of the Town to effect
said purchase.
ARTICLE 8. Community Preservation Act - Town Hall Historic Preservation (Community Preservation Act Committee)
To see if the Town will appropriate a sum of money to pay costs of historic preservation of Town
Hall, to determine whether this amount shall be raised from Community Preservation Fund annual revenues, available funds, by borrowing or any combination of the foregoing, or to take any other action relative thereto, and further, to reduce by a sum of money the amount appropriated under
Article
23 of the 2007 Annual Town Meeting, or to take any other action relative
thereto.
ARTICLE 9. Petition - Resolution – Fair Trade (Friman)
To see if the Town will adopt the following resolution:
WHEREAS, “Fair Trade” is an innovative, market economy system that promotes fair labor practices and healthy, safe work environments through the production of food and other products; and
WHEREAS, Fair Trade provides procedures with fair prices that translates into truly livable wages; and
WHEREAS, production of Fair Trade goods is achieved through sustainable and ecologically friendly means thus supporting the future of a healthy planet for all; and
WHEREAS, millions of people have had their standard of living significantly raised through the simple act of educated consumers selecting and asking for Fair Trade products.
Now Therefore Be It resolved, that Amherst Representative Town Meeting encourages the Town Manager to establish a procedure to maximize purchase of Fair Trade Certified products in the process of procuring necessary goods for the Town. This established procedure would be informed by the fact of Town Manager’s authority to execute contracts and oversee procurement and should adhere to the strict statutory requirements that the Town Manager must follow when purchasing products for Town use.
Be it further resolved, that Amherst Town Meeting calls upon
the
Be it further resolved, that Town Meeting calls upon the
ARTICLE 10
Zoning Bylaw and Zoning Map - Research & Development (R&D) Overlay
District (Planning Board)
To see if the Town will add new sections to Sections 2.03, Industrial/Research Park Districts, and to 3.2, Special Districts, of the Zoning Bylaw, and amend the Official Zoning Map in order to create a Research and Development (R&D) overlay district, as follows:
A. Add the following new sections to Section 2.03, Industrial/Research Park Districts, and Section 3.2, Special Districts, of the Zoning Bylaw, as follows:
2.03 Industrial/Research Park Districts
R&D Research & Development
The R&D District is an overlay district intended to modify the regulations in underlying business and industrial/research park districts in order facilitate research and development and testing uses and to provide specific additional regulations with regard to such uses.
3.29 Research & Development (RD) District
3.290 General
The Research & Development (R&D) District is an overlay district and shall be superimposed on other districts established by this Bylaw. Restrictions and prohibitions of land use in the underlying districts shall remain in full force and shall not be modified by the conditions of the R&D District unless superseded by the restrictions and conditions of the R&D District.
3.291 Establishment of District
The Research & Development (R&D) District shall consist of those geographic areas shown as R&D District on the Official Zoning Map. This District is configured to include those lands which, by virtue of their location with respect to institutions of higher learning, transportation corridors, utilities, village centers, services, and other factors, are appropriate for the siting of research, development, and testing businesses.
3.292 Purpose
The purposes of the Research & Development (R&D) District are to:
3.2920 Facilitate and promote the
establishment, development, and expansion of information- and
technology-intensive research and development businesses in
3.2921 Provide opportunities for the
establishment of research and development businesses, including but not limited
to those derived from or associated with the research and testing activities of
departments or agencies of the
3.2922 Require that any research and
development businesses established in
3.2923 Expand employment opportunities for
3.2924 Broaden and diversify the community’s property tax base.
3.293 Permit Required
Within the R&D District, any
uses under Sections 3.372.0 and 3.372.1 directly involved or associated with
research, development and testing activities, including any associated
accessory light manufacturing which would otherwise be regulated in the
underlying zoning district under a Special Permit (SP) by the Zoning Board of
Appeals shall instead be regulated under Site Plan Review (SPR) approval by the
3.294 Review Period
Notwithstanding the
provisions of Sections 10.323 and 11.230, within the R&D District, the Fire
Chief, Building Commissioner, Board of Health, Town Engineer, and
B. Amend the Official Zoning Map to add the Research & Development (R&D) overlay district to the following properties in Amherst currently zoned Limited Business (B-L) which are located west of University Drive and between Amity Street and Northampton Road (Route 9):
Map 13B, Parcels 17, 18, 19, 21, 22, 24, 27, and 28
Map 13D, Parcels 2, 3, 5, 59, 62, and 70.
ARTICLE 11. Zoning Bylaw - Research & Industrial Uses (Planning Board)
To see if the Town will amend Sections 3.372.0, 3.372.1, 3.372.2, and Article 12 of the Zoning
Bylaw,
by deleting the lined out language and adding the language in bold
italics, as follows:
A. To amend Sections 3.372.0 and 3.372.1, as follows:
3.372.0 Research and Development
or Testing facility
R-O
R-LD R-N R-VC R-G R-F B-G B-L B-VC COM OP LI PRP FPC
N N SP N N SP SP/SPR* SP SPR SPR SPR SPR N
(SP)
Standards &
Conditions
* In those areas of the B-L District which
coincide with the Research & Development (R&D) overlay district, Site
Plan Review approval shall be required for uses regulated under this section. In all other areas of the B-L District, a
Special Permit shall be required from the Zoning Board of Appeals.
Uses under this section shall include
research, development and/or testing of innovative information, concepts,
methods, processes, materials, or products.
This shall include but not be limited to activities conducted in
laboratory settings. The accessory
development, fabrication, and light manufacturing of prototypes, or specialized
machinery and devices integral to research or testing may be associated with
these uses under the provisions of Section 5.07.
In the B-G, B-L, B-VC and R-VC districts, the Zoning Board of Appeals may grant a Special Permit for a research and development use, provided that it consists only of office or similar uses and meets the provisions of Section 3.359, Article 7, and Section 10.38. An exception shall be where the B-L District coincides with the R&D overlay district, in which case such a research and development use, similarly limited, shall be permitted through Site Plan Review approval.
In all zones, all outdoor storage of
materials and equipment shall be screened from public view, from public ways
and abutting residential districts. No
operation shall create noise, vibration, dust, fumes, or odors that are a
nuisance beyond the lot line, and further no operations shall be permitted
which the permit granting board or special permit granting authority, after
consultation with the Board of Health, determines to be unduly hazardous
by reasons of potential fire, explosion, or radiation, or
chemical or biological hazard, including hazards resulting from the use,
production or storage of materials or waste identified as toxic or hazardous,
flammable, or explosive. No
research or testing to shall be conducted outdoors unless a
Special Permit is granted for this purpose by the Zoning Board of Appeals
Special
Permit Granting Authority authorized to act under the applicable section of
this bylaw.
3.372.1 Publishing, data processing, light
manufacturing, light assembly
including computer hardware and
software, and scientific products
with associated offices and
distribution facilities.
R-O
R-LD R-N R-VC R-G R-F B-G B-L B-VC COM OP LI PRP FPC
N N SP N N SP SP/SPR* SP SPR SPR SPR SPR N
(SP)
Standards &
Conditions
* In those areas of the B-L District which
coincide with the Research & Development (R&D) overlay district, Site
Plan Review approval shall be required for uses regulated under this
section. In all other areas of the B-L
District, a Special Permit shall be required from the Zoning Board of Appeals.
Uses under this section shall include those
which involve the limited light manufacture or production, principally from
previously-prepared materials, of finished products or parts. This may include processing, fabrication,
assembly, treatment, and packaging of such products as well as incidental
storage and distribution of such products and associated offices. These uses may also include the on-site
production within enclosed structures of custom goods fabricated principally by
hand through the use of hand tools and small-scale mechanical equipment.
No
mass manufacturing, processing, or fabrication normally conducted under Section
3.372.2 nor any on-premises sale of products shall be permitted in association
with uses under this section, except that the on-premises sale of custom-made
goods produced by hand manufacturing may be permitted under a Special Permit
granted by the Special Permit Granting Authority authorized to act under the
applicable section of the Bylaw.
In the R-VC District, the Zoning
Board of Appeals may grant a Special Permit for a use under this section,
provided that the proposed use consists only of offices or similar uses and
meets the provisions of Sections 3.360 3.359, Article 7 and
Section 10.38. In all zones, all outdoor
storage of materials and equipment shall be screened from public view, from
public ways and abutting residential districts.
No operation shall create noise, vibration,
dust, fumes, or odors that are a nuisance beyond the lot line, and further, no
operations shall be permitted which the Permit Ganting Board or Special Permit Granting Aauthority,
after consultation with the Board of Health, determines to be unduly hazardous
by reason of potential fire, explosion, or radiation, or chemical or biological
hazard resulting from the use, production or storage of materials or waste
identified as toxic or hazardous, flammable, or explosive. Where permitted, all operations involving
such materials shall be conducted in a fully enclosed building in accordance
with all applicable public health and safety regulations.
B. To amend Section 3.373.2, as follows:
3.372.2 Manufacturing, assembly and
processing, including associated
offices and distribution facilities.
R-O
R-LD R-N R-VC R-G R-F B-G B-L B-VC COM OP LI PRP FPC
N N N N
N N
N N
N SPRSPR SPP N
SPP (SP)
Standards
& Conditions
Uses under this section shall include those involving the manufacture, assembly and/or processing, from extracted or raw materials or from previously-prepared materials, of finished materials, products, or parts. These uses may include processing, fabrication, assembly, treatment, and packaging of such products, as well as incidental storage and distribution of such products and associated offices. These uses may involve the production and/or storage of volumes of toxic or hazardous, flammable, or explosive materials under appropriate safeguards and conditions, as determined by the special permit granting authority under the requirements of this section. The on-premises sale of products shall not be permitted in association with any uses under this section.
In all zones, all outdoor storage of
materials and equipment shall be screened from public view, from public ways
and abutting residential districts. No
operation shall create noise, vibration, dust, fumes or odors that are a
nuisance beyond the lot line, and further, no operations shall be permitted
which the Permit Granting Board determines to be unduly hazardous by
reason of potential fire, explosion, or radiation, or chemical or biological
hazard resulting from the use, production, or storage of materials or waste
identified as toxic or hazardous, flammable, or explosive. Where permitted, all operations involving
such materials shall be conducted in a fully enclosed building in accordance
with all applicable public health and safety regulations.
C. To amend Article 12 of the zoning bylaw by
adding the following new language under Section
12.35 and renumbering the remaining sections accordingly:
12.35 Toxic or Hazardous Substance: Any chemical substance or mixture of substances in a gaseous, liquid or solid state which is listed in the Massachusetts toxic or hazardous substance list compiled and maintained by the commissioner of the Massachusetts Department of Public Health in compliance with the provisions of M.G.L. Ch. 111F, section four, as amended, and which is manufactured, processed, used or stored in the workplace, but which shall not include alcoholic beverages as defined in MGL Ch. 138, Section one, or articles intended for personal consumption by employees in the workplace, or consumer articles packaged for distribution to, and used by, the general public, or articles sold or used in retail food establishments and all other retail trade establishments, exclusive of articles used in processing and repair areas, or substances being transported in interstate commerce.
ARTICLE 12. Zoning Bylaw - Accessory Light Manufacturing (Planning Board)
To see if the Town will amend Section 5.07, Scientific Research or Development, of the Zoning
Bylaw by deleting the lined out language and adding
the language shown in bold italics:
SECTION 5.07 SCIENTIFIC RESEARCH OR DEVELOPMENT
5.070 Uses accessory to and necessary in connection with
scientific research, scientific development, or related production activities
in districts where such activities are
permitted by right under a Special Permit or Site
Plan Review approval
may be permitted upon the issuance of a Special
Permit, as an amendment
to
the permit for the principal use
provided that the Board of Appeals Permit
Granting
Board or Special Permit Granting Authority finds that the proposed accessory use does not
substantially derogate from the public good.
Such an accessory use need not
be located on the same parcel or parcels of land as the related principal use or activity permitted by
right.
5.071 Limited manufacturing activity may be
considered an allowed accessory use to a technical research and development
office, laboratory, or research facility in the B-G, B-L, B-VC, COM, OP, PRP and
LI districts, provided that the following requirements are satisfied:
5.0710 Such manufacturing activity shall be directly related
to the research and development activities of the principal use.
5.0711 No manufacturing activity shall occur within two
hundred (200) feet of a dwelling unit in a residential district, or within one
hundred (100) feet of any dwelling unit in a non-residential district,
including any accessory dwelling units under Section 5.016.
5.0712 No manufacturing, processing, or fabrication
normally conducted under Sections 3.372.1 or 3.372.2, nor any on-premises sale
of products shall be permitted in association with uses under this section.
5.0713 All manufacturing activity shall customarily
occur inside of buildings; however, outdoor research work and incidental
outdoor fabrication of equipment to conduct outdoor experimentation may be
permitted under a Special Permit granted by the Special Permit Granting
Authority authorized to act under the applicable section of the Bylaw and issued
in conformance with the Standards and Conditions of the principal use and the
provisions of Section 10.38.
5.0714 Manufacturing activity, excluding incidental
fabrication of outdoor experiments, shall not occupy an area in excess of sixty
(60) percent of the gross floor area of a building or group of associated
buildings owned by the same establishment.
5.072 An airport or helipad shall not be considered
an accessory use under this section.
ARTICLE 13. Zoning Bylaw - Technical/Professional
Offices (Planning Board)
To see if the Town will
amend Section 3.359 of the Use Chart (Section 3.3) of the Zoning Bylaw, by
deleting the lined out language and adding the language in bold italics, as follows:
3.359 Low visitation professional or
administrative offices
3.359.0 Technical or professional office
such as architect, engineer, lawyer, financial services, or similar office providing
services predominantly by appointment to
clients in person on the premises.
R-0
R-LD R-N R-VC R-G R-F B-G B-L B-VC COM OP LI PRP FPC
N N SP N
Standards
& Conditions
For
the purposes of this section, the general public shall be defined as including
all persons acting as customers or clients receiving services. “Predominantly by appointment” shall mean
that a majority of customers or clients who are provided services in person on
the premises during any extended period of operation (monthly, quarterly, or
annually) shall do so through prior appointment. Exceptions shall be discretionary follow-up
visits by customers or clients with regard to services already provided, and
visits by affiliated professionals or consultants, salespersons, service
contractors (delivery, maintenance, etc.), and the like. Office uses under this section shall
advertise their on-premises services as being available to the general public
only by appointment.
In the R-VC District, the Zoning Board of
Appeals may grant a Special Permit for a technical or professional office that
provides services predominantly by appointment to customers or clients in
person on the premises. The Zoning Board
of Appeals may grant a Special Permit providing it finds that, in addition to
meeting the provisions of Article 7 and Section 10.38, the proposed office use
meets the following conditions:
1. Is
located on the ground floor only, and occupies no more than 50 percent of the
gross floor area of the structure, exclusive of storage space.
2. Shall
be allowed only as a second Principal use, where the first Principal use is a
residential use consisting of one dwelling unit.
3. Shares
a property line with or is adjacent to another property with a similar use
permitted under this section or a property in the B-L, B-VC or COM districts.
4. Employs
no more than 5 persons who work on-site.
5. Where
located in an existing building, the residential character of the structure and
site shall be maintained.
3.359.1 Administrative business office or
similar Bbusiness or professional
office not providing services to
the general public in
person on the premises.
R-0
R-LD R-N R-VC R-G R-F B-G B-L B-VC COM OP LI PRP FPC
N N SP N
(SP)
Standards & Conditions
For the purposes of this section, the
general public shall be defined as including all persons
acting as customers or clients. Exceptions shall be affiliated professionals
or consultants, salespersons, service contractors (delivery, maintenance,
etc.), and the like. No office use
under this section shall advertise its
services as being available to customers and clients on the premises. Services shall be advertised as being
available exclusively by telephone, mail, on-line,
or other remote means.
In the R-VC District, the Zoning Board
of Appeals may grant a Special Permit for an administrative business office
or
similar business or for professional or office uses not dealing directly with that
does not provide services to the general public in person on the premises. The Zoning Board of Appeals may grant a Special Permit providing it finds that, in addition to meeting the provisions of Article 7 and Section 10.38, the proposed office use meets the following conditions:
1. Is located on the ground floor only, and occupies no more than 50 percent of the gross floor area of the structure, exclusive of storage space.
2. Shall be allowed only as a second Principal use, where the first Principal use is a residential use consisting of one dwelling unit.
3. Shares a property line with or is adjacent to another property with a similar use permitted under this section or a property in the B-L, B-VC or COM districts.
4. Employs no more than 5 persons who work on-site.
5. Where located in an existing building, the residential character of the structure and site shall be maintained.
ARTICLE
14. Petition - Allowing Professional
Offices Accessible by Appointment in Some Zoning Districts (Coalition
for Sustainable Neighborhoods)
To
see if the Town will amend the Use Chart (Section 3.3) of the Zoning Bylaw, by
adding the following
new use as Section 3.360, and renumbering existing subsequent sections
of the bylaw as necessary:
3.360 Technical or professional
office such as architect, engineer, lawyer, financial services, or
similar office
providing services by appointment in person on the premises.
R-O
R-LD R-N R-VC R-G R-F B-G
B-L B-VC
COM OP
LI PRP
FPC
N
N N N
In the PRP District, this use shall be
limited to offices that employ 15 or more on-site staff on parcels
served by town water and sewer. PRP District uses immediately adjoining a
residential district shall
maintain a 100-foot buffer of natural and
undisturbed vegetation. PRP District
offices shall provide only 45° downcast exterior door lighting; shall
extinguish exterior sign and building face lighting, and parking
lot lighting not needed for security of after- or before-hours staff at 9 pm or at the close of appointments whichever is earlier; and, shall provide signs directing exiting vehicles toward main thoroughfares and
away from nearby residential streets.
ARTICLE 15. Zoning Map and Bylaw - Spring Street Rezoning
and General Business Lodging Uses
(Planning Board)
To see if the Town will vote amend the Zoning Bylaw and the Official Zoning Map as follows:
A. To amend the Official Zoning Map to change the zoning district designation of the following properties from General Residence (R-G) to General Business (B-G): Assessors
Map 14A, Parcels 264, 265, 266, 267, 268, 269, 270, and portions of the Town Common
and Spring Street public ways, all as shown on Exhibit A.
B. To amend Section 3.3 of the Zoning Bylaw to change the permit requirements in Section
3.3 for
Section 3.327.0, Hotel/Motel, and Section 3.372.1,
to Site Plan Review (SPR).
ARTICLE 16.
Zoning Bylaw - Zoning Map -
To see if the Town will amend the Official Zoning Map to change the zoning designation for the following properties, all on Assessor’s Map 15C:
Parcel 47 – Rezone that portion of the property currently zoned R-N to COM.
Parcel 7 – Rezone those portions of the property currently zoned R-N and COM to B-VC.
Parcels 3, 4, 8, 9 and 41 – Rezone from R-N to B-VC.
Parcel 42 – Rezone from R-N and COM (portion) to R-VC.
Parcels 16 and 17 – Rezone the portions of these properties currently zoned COM to R-N.
ARTICLE 17.
Petition -
To see if the Town will amend the Official Zoning Map to change the zoning designation for the following parcels, all on Assessor’s Map 15C;
Parcel 47 – Rezone that portion of the parcel currently zoned R-N to COM.
Parcel 7 – Rezone the portions of the parcel currently zoned COM and R-N to B-VC
Parcels 8 – Rezone from R-N to B-VC.
Parcels 3, 4, 9 and 41 – Rezone from R-N to R-VC
Parcel 42 – Rezone from COM and R-N to R-VC
Parcels 16 and 17 – Rezone the portions of each parcel currently zoned COM to R-N.
ARTICLE 18.
Petition - Zoning Map - 500-502
To see if the Town will amend the Official Zoning Map to
change the zoning district designation on Assessors Map 2A, Parcels 51 and 52
from Outlying Residence (R-O) and Low Density Residence/Farmland
ARTICLE
19. Petition –
To see if the Town will amend the Official
Zoning Map to change the zoning designation for the following parcels, all on
Assessor’s Map 14B:
Parcel 28 – Rezone from R-G to B-VC,
contingent upon town meeting voting to authorize the Select
Board to accept a restrictive covenant
foregoing some uses allowed in the B-VC District;
Parcels 53, 56, 57 and 130 – Rezone from COM
to R-G
Parcels 58, 59 and 128 – Rezone from COM to
B-VC
Parcel 66 – Rezone from R-G to B-VC,
contingent upon town meeting voting to authorize the Select
Board to accept a restrictive covenant
limiting future use of the property to the current use;
Parcels 129 and 234 – Rezone those portions
of the parcels currently zoned COM to B-VC
Parcel 131 – Rezone from R-G to B-VC
ARTICLE
20. Petition – Waiver of Effluent Fees
to UMASS – Strategic Partnership Agreement
(Kelley)
To see if the town will strongly urge the
You are hereby directed to serve this call by
posting attested copies thereof at the usual places:
Prec. 1