***
Town Warrant
Annual Town Meeting
Hampshire, ss.
To one of the Constables of the Town of
In the name of the
of the
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 (Select Board)
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. Optional
Tax Exemptions (Select Board)
To see if the Town will authorize a
maximum additional exemption of up to 100 percent for taxpayers qualifying for
exemption under Chapter 59, Section 5, Clauses 17D, 22, 37A, or 41C of the
Massachusetts General Laws.
ARTICLE 4. Personal
Property Exemptions (Select Board)
To
see if the Town will authorize the maximum exemption of up to $5,000 for
personal property accounts of $5,000 or less under Chapter 59, Section 5,
Clause 54th of the Massachusetts General Laws.
ARTICLE 5. Authorization
for Compensating Balances (Select Board)
To see if
the Town will accept the provisions of Chapter 44, Section 53F of the
Massachusetts General Laws, which authorize the Treasurer to enter into written
agreements with banking institutions pursuant to which the Treasurer agrees to
maintain funds on deposit in exchange for banking services.
ARTICLE 6. Retirement
Assessment (Select Board)
To see if
the Town will raise and appropriate $2,917,009 for the Hampshire County
Retirement System assessment.
ARTICLE
7. Regional Lockup Assessment (Select
Board)
To
see if the Town will raise and appropriate $31,323 for the Hampshire County
Regional Lockup Facility assessment.
ARTICLE 8. FY
08 Budget Amendments (Finance Committee)
A.
To see if the Town will amend the
budget voted under Article 17 of the 2007 Annual Town Meeting (FY 2008
Operating Budget) to transfer sums of money between General Government, Public
Safety, Public Works, Planning, Conservation, and Inspections, and Community
Services accounts to balance the FY 2008 Fiscal Year.
B. To see if the Town will amend the action
taken under Article 19 of the 2007 Annual Town Meeting (Reserve Fund) and
appropriate and transfer a sum of money from Free Cash in the Undesignated Fund
Balance of the General Fund.
ARTICLE 9.
Town Libraries Revolving Fund (Jones Library Trustees)
To see if the Town will approve the
creation of a revolving fund, pursuant to Massachusetts General Laws, Chapter
44, section 53E 1/2, and any other authority, into which library overdue fines
will be deposited and used for library operations.
ARTICLE
10.
To see if the Town will approve
following the existing Amherst-Pelham Regional School District Agreement for
allocating the total amount to be contributed by each member town of the
District for Fiscal Year 2009 as required by Section VI of the Regional
Agreement.
ARTICLE 11.
A.
To see if the Town will vote to approve an
amendment to Section X of the Regional Agreement of the
B.
To see if the Town will vote to approve an
amendment to Section VI of the Regional Agreement of the Amherst-Pelham
Regional School District to read ‘If the amount of unencumbered surplus funds
of the district at the end of any fiscal year exceeds 5.0 percent of the
budgeted operating and capital costs for the succeeding fiscal year, an amount
at least equal to the amount of such excess shall be applied by the committee
to reduce the amounts certified to the participating towns for such succeeding
fiscal year in accordance with Section VII.
ARTICLE 12. FY 2009 Operating Budget (Finance
Committee)
To see if the Town will adopt
a comprehensive operating budget for the ensuing year and raise and appropriate
money therefor.
ARTICLE 13. Reserve Fund (Finance Committee)
To see if the Town will raise and
appropriate $100,000 for the Reserve Fund for FY 2009.
ARTICLE 14. Capital Program – Chapter 90 (Joint
Capital Planning Committee)
To see if the Town will authorize the
expenditure of $610,000 of Chapter 90 funds for qualifying purposes and further
authorize the Treasurer to borrow in anticipation of reimbursement of these
funds from the
ARTICLE 15. Capital Program – Equipment (Joint
Capital Planning Committee)
To
see if the Town will appropriate $1,226,400 to purchase, repair, and/or install
new or replacement equipment and determine whether such appropriation shall be
met by taxation, by the transfer of available funds, or otherwise and further
to authorize the application for and acceptance of any gifts, bequests, or
grants.
ARTICLE
16. Capital Program – Buildings and Facilities (Joint Capital Planning
Committee)
To
see if the Town will appropriate $143,000 to repair and/or improve buildings
and facilities and determine whether such appropriation shall be met by
taxation, by the transfer of available funds, or otherwise and further to
authorize the application for and acceptance of any gifts, bequests, or grants.
ARTICLE
17. Capital Program – Bond Authorizations (Joint Capital Planning Committee)
A. To see if the Town will appropriate
$420,000 for roof replacement and to make other extraordinary repairs to the Bangs
Community Center and 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.
B. To see if
the Town will appropriate $635,000 to purchase firefighting apparatus and 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.
C. To see if
the Town will amend the actions taken under Article 5 of the Special Town
Meeting held on November 5, 2007, and appropriate $205,000 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 $195,000 previously appropriated by the Town for
this purpose, and 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
18. Community Preservation Act – Affordable Housing (Community
Preservation Act Committee)
To see if the Town will vote to
amend, in part, the action taken under Article 24 of the 2007 Annual Town
Meeting, which, among other things, authorized the appropriation of $150,000
from the Community Preservation Fund Balance to provide three deferred payment
loans to low and moderate income households to purchase homes in Amherst, to
instead authorize the use of said funds to provide purchase price buy-down
assistance to three first time homebuyers and to acquire affordable housing
restrictions meeting the requirements of M.G.L.
c.184, §§ 31-33 on each of the homes purchased through the use of such
assistance, and further to authorize the
ARTICLE
19. Community Preservation Act – Affordable Housing (Community Preservation Act
Committee)
A. To see if the Town will appropriate and
transfer $150,000 from the Community Preservation Fund estimated annual
revenues, reserves or fund balance, or from other available funds, for the
purpose of creating community housing on a parcel of Town-owned land located on
Olympia Drive, identified as a certain
parcel of land located on Olympia Drive, Amherst, Massachusetts, which parcel
is the northwestern portion of the land taken pursuant to an Order of Taking
dated July 13, 1987, and recorded in the Hampshire Registry of Deeds in Book
3018, Page 309, also being a portion of Assessors Map 8D, Parcel 20, and
containing 13.5 acres, more or less, with said funds to be used to
obtain any and all permits and approvals, including, without limitation, a
comprehensive permit, necessary or convenient for the development and
construction of a housing project on said property, for the design and
construction of said housing, and for such other costs and expenses necessary
or incidental to the foregoing, which housing shall be subject to an affordable
housing restriction meeting the requirements of M.G.L. c.184, §§ 31-33,
reserving at least 25% of the units in the development for sale to or rental by
low and/or moderate income individuals or households, and further to authorize
the
B. To see if the Town will
appropriate and transfer $30,000 from the Community Preservation Fund estimated
annual revenues, reserves or fund balance or from other available funds for the
purpose of creating community housing by assisting the Habitat for Humanity/Amherst
College affordable housing construction project on land shown as Parcel 1 on
Assessors Map 18A, pursuant to a grant agreement with the Habitat for Humanity
and/or Amherst College, and further to authorize the
ARTICLE 20. Community Preservation Act –
Historical Preservation (Community Preservation Act Committee)
A. To see if
the Town will appropriate $54,400 from the Community Preservation Fund
estimated annual revenues, reserves or fund balance, or from other available
funds for the following historic preservation projects:
Woman’s Club
Carriage
House
$ 8,800
Archival Documents Conservation/Restoration
$ 20,000
B. To see if the Town
will:
1) authorize the
2) raise, borrow and appropriate $400,000 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
4) authorize the Town Manager or his designee to file on behalf of the Town any
and all applications deemed necessary under the Urban Self-Help Act (M.G.L.
Chapter 933, Acts of 1977, as amended) or any other applications for funds in
any way connected with the scope of this acquisition, and to accept gifts, bequests,
and grants from individuals, groups, corporations,
5) authorize the Town Manager and/or the
ARTICLE 21. Community
Preservation Act – Open Space (Community Preservation Act Committee)
A. To
see if the Town will appropriate $20,000 from the Community Preservation Fund
annual revenues or available funds for appraisals and surveys to support the
purchase of Agricultural Preservation Restrictions (APR’s), Conservation
Restrictions (CR’s) and fee acquisitions of land.
B.
To see if the Town will appropriate $20,000 from the Community Preservation Act
Fund annual revenues or available funds for appraisals, surveys, wetlands
delineations and associated studies to support the purchase of land for
recreation in
C.
To see if the Town will appropriate $100,000 from the Community
Preservation Fund
annual
revenues or available funds for the purchase of an Agricultural Preservation
Restriction in
To authorize the
D.
To see if the Town will appropriate $2,500 from the Community Preservation Act
Fund annual revenues or available funds for an appraisal of property located
easterly of South East Street, owned by Levi Nielsen Co., Inc. and identified
on the Town cadastre at parcels 17D-24 consisting of 6.69 acres more or less
and parcel 17D-21 consisting of .73 acres more or less.
E. To see if the Town will appropriate $35,000
from the Community Preservation Fund annual revenues for the purchase of land
for open space purposes located easterly of South East Street, owned by Levi
Nielsen Co., Inc. and identified on the Town cadastre at parcels 17D-24
consisting of 6.69 acres more or less and parcel 17D-21 consisting of .73 acres
more or less and;
To authorize the
ARTICLE 22. Community Preservation Act
Committee – Kimball House (Community Preservation Act Committee)
To
see if the Town will appropriate
$50,000 from the Community Preservation Fund Open Space Reserve to fulfill the
compensation agreement with the
ARTICLE
23. Community Preservation Act Committee – Administrative and Reserve Fund
(Community
Preservation Act Committee)
To see if
the Town will appropriate $151,500 from the Community Preservation Fund annual
revenues or available funds for reasons
listed below:
A.
For administrative expenses $ 1,500
B.
To reserve to a Budgeted Reserve Fund for future appropriations $150,000
ARTICLE 24. Community Preservation Act Ballot
Question for November, 2008 State Election
(Select Board)
To see if the Town will amend the actions
taken under Article 2 of the Special Town Meeting held on February 12, 2001,
and under Article 38 of the Annual Town Meeting held on May 1, 2006, to
increase from one and a half percent to at most, three percent, the surcharge
authorized thereunder, and to place on the ballot for the November 4, 2008 State
Election a question regarding acceptance of such amended surcharge, all
as provided in M.G.L. c.44B, §§ 3 and 16(a).
ARTICLE 25. Zoning Amendment - Density
Calculation (Planning Board)
To see if the Town will add a new Section 4.12 and amend
Sections 4.3231, 4.330, and 4.520 of the Zoning Bylaw by deleting the lined
out language and adding the language in bold italics, as follows:
A. Add a new Section 4.12, as follows:
4.12 If the calculation of maximum density of
lots or units for any development method referencing this section results in a
figure including a fraction equal to 0.5 or greater, then the figure shall be
rounded up to the nearest whole number.
If the fraction is less than 0.5, the figure shall be rounded down to
the nearest whole number. Dimensional
requirements established for building lots in the applicable zoning district(s)
and under the applicable development method shall remain in full force and
effect, and shall not be altered by the provisions of this section.
B. Amend Sections 4.3231, 4.330, and 4.520,
as follows:
4.3231 The maximum
density of a cluster subdivision, except for an affordable cluster, shall not
exceed the allowed density for a standard subdivision in any zoning district,
said density to be calculated by taking the parcel area, subtracting 10% of
that area and dividing that number by the minimum lot area of the zoning
district in which the parcel is located. See Section 4.12. In addition, it is the intention of this
Section that the cluster subdivision not result in more lots than would be
approved for a standard subdivision under a Definitive Subdivision Plan, except
as may otherwise be authorized under this Bylaw.
4.330 The
4.520 The
maximum density allowed in an Open Space Community Development shall be calculated
as follows:
1. Determine
the Net Parcel Area by subtracting 75% of the area of all Unbuildable Land Area
from the total parcel acreage.
2. Subtract
8% of the Net Parcel Area for roadways, parking and utilities.
3. Divide
the remaining buildable land area by the minimum lot area required in the
applicable zoning district(s).
4. Multiply
the resulting lot count by 1.2 (120%) to derive the maximum
density. See
Section 4.12.
5. Where
no lots are to be provided in an OSCD, the maximum density resulting from this calculation
shall serve as the total base dwelling unit count.
ARTICLE
26. Zoning Amendment -
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
27. Zoning Amendment - Municipal Parking District (Planning Board)
To see if the Town will amend the Official Zoning Map and
Sections 2.04, 3.2, and 7.4 of the Zoning Bylaw, by deleting the lined out
language and adding the language in bold italics, as follows:
A. To
amend Section 2.04, as follows:
2.04 Educational
Special
Districts
ED Educational
ED zoning allows any use of land and
buildings which may legally be carried on by, or under the auspices of, the
college or university which owns or manages the property. It is intended that the Educational District
only include land which is owned or managed by
MP Municipal Parking
The MP District is an overlay district
intended to include selected areas of the downtown General Business (B-G)
District and abutting General Residence (R-G) District. Within the MP District, a wide range of
permitted retail, service, commercial, and residential uses shall be exempted
from the requirement to provide off-street parking spaces. It is the policy of the Town of
B. To
amend Section 3.2, as follows:
SECTION 3.20 SPECIAL DISTRICTS REQUIREMENTS
3.26 [RESERVED
FOR FUTURE USE] Municipal Parking District
See Section 7.4 of this Bylaw for Purpose
and Requirements
C. To amend Section 7.4, as follows:
SECTION 7.4 MUNICIPAL PARKING ZONE DISTRICT
7.40 General
The Municipal Parking 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 district shall remain in full force
and shall not be modified by the conditions of the MP District unless
superseded by the restrictions and prohibitions of the MP District.
7.41 Establishment of District
The Municipal Parking District
shall consist of those geographic areas shown for this district on the Official
Zoning Map. This District is configured
to include those lands which constitute the developed core of the downtown
business area and immediately abutting residential areas.
7.42 Purpose
The purpose of this district is
to encourage the dense development of mixed-use buildings and pedestrian spaces
in
7.43 Regulation
Notwithstanding the other provisions of this Ssection
7.0,
off-street parking spaces need not be provided for any principal or related accessory
uses under the following categories of Section 3.3, Use Chart: Residential Use
(Section 3.32), Retail Business or
and
Consumer Service Use (Section 3.35), and any Commercial or
Research
and Industrial Use (Section 3.37), or any Residential Use (Section
3.32) excepting fraternities, sororities, dormitory, hotel or motel, which
is located within the "Municipal Parking Zone" District
as herein defined. The "Municipal
Parking Zone" shall consist of that portion of the area now or
subsequently designated as a General Business District, which lies within the
following bounds: The
following uses shall be required to meet the parking requirements of this Bylaw
within the MP District: dormitory or
similar college residence hall, hotel or motel, inn, and all other principal
and accessory uses under other categories of Section 3.3, Use Chart.
On the north:
On the east: