ARTICLE 25

To see if the Town will vote to petition the General Court for special legislation revising the Town Charter in accordance with the recommendations of the Charter Review Committee, which may be found in a document entitled, “Charter Review Committee-Proposed Town Charter,” as on file with the Town Clerk, and provided for the adoption of a new charter with an elected Town Council to be comprised of precinct and at-large councilors who shall serve for 2 year terms, an elected Mayor who shall serve a term of 4 years, an elected Town Clerk who shall serve a term of 3 years, and an elected School Committee whose members shall serve for terms of 3 years. The “Proposed Town Charter” is available on-line or a copy is available for review at the Town Clerk’s office or the Wareham Free Library (copies available but copy charges will apply). The new charter shall not take effect in the Town until approved by the voters at an annual or special election; provided, however, that the General court may make clerical or editorial changes of form only to the bill.

Inserted by the Board of Selectmen at the request of the Wareham Charter Review Committee

The Board of Selectmen Voted:    Favorable Action 0-0-5
The Finance Committee Voted:    Favorable Action 3-3-2

Explanation:

This article is brought to Town Meeting by the Charter Review Committee that was appointed by the Board of Selectmen.  The Committee is recommending the Town of Wareham abandon its current form of Town Meeting form of government and replace it with an elected Town Council from each precinct and members at large and replacing the current Town Administrator’s position with an elected Mayor.  The Town Clerk and School Committee would remain as elected positions.

Recommendation:

The Finance Committee was split on the vote for this article.  Those in favor of moving to a different form of government noted that Town Meeting tended to represent a very small percentage of the population and when critical votes came up, proponents on either side of an issue tended to dominate the proceedings.  Those who wished to continue with Town Meeting felt that perhaps we might be entering a “new era” and that Town Meeting could work.

ARTICLE 26

To see if the Town will vote to amend the Town’s By-Law, Section to Division II, Article 1 to read as follows:

Section 3 to Division II, Article I to the town’s bylaws currently reads as follows:
No person shall deposit any ashes, tin cans, old apparel, leaves or any other rubbish, decayed matter or garbage on any street except in a proper container. Whoever violates this bylaw shall be liable to a penalty of not more than two hundred dollars ($200.00) for each offense.

The Minot Forest Committee recommends an insertion of “or along” after the words “garbage on” and before “any street”.  After the word “street”, we recommend inserting “or any property owned or leased by the Town of Wareham or any of its subdivisions”. After the phrase “except in a proper container”, we recommend inserting “for pick-up.”
We also recommend increasing the maximum penalty to $500.00 for each offense.

Section 3 to Division II, Article I to the town’s bylaws would then read as follows:

No person shall deposit any rubbish, trash or garbage of any kind, on or along any street or any property owned or leased by the Town of Wareham or any of its subdivisions, except in a proper container for pick up.  Whoever violates this bylaw shall be liable to a penalty of not more than five hundred dollars ($500.00) for each offense.

The above changes would interalia support any claim by the town for encroachments on the Minot Forest by people using the forest to dump their grass, leaves etc.

Inserted by the Board of Selectmen at the request of the Minot Forest Committee

The Board of Selectmen Voted:    Favorable Action 5-0-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

This article seeks to amend Section 3, Article I (Street Rules) of Division II of the Wareham Town Bylaws, to read as indicated in bold face type.  The effect of this article is to expand the areas subject to the rubbish, trash, and garbage disposal criterion to include Town-owned and leased property.  The fine for each violation would be increased from a maximum of two hundred dollars ($200.00) to a maximum of five hundred dollars ($500.00).



Recommendation:

The Finance Committee recommends Favorable Action on this article.  Favorable Action supports a Bylaw that encourages more respect for the community and our environment.  Less thoughtful individuals may receive a significant fine.

ARTICLE 27

To see if the Town will vote to amend Division VI, Article I of the General Bylaws, the Wareham Wetland Protective By-Law, by inserting the following new provisions:

(i)    Insert the following in Section VII “Definitions”, subsection 1:

The term “Buffer Zone” shall include the area of land extending 100 feet horizontally outward from the boundary of the following resource areas:  any freshwater or coastal wetlands; marshes; wet meadows; bogs; swamps; vernal pools; banks; reservoirs; lakes; ponds of any size; intermittent streams; creeks; beaches; dunes; estuaries; the ocean; lands under water bodies; and, lands containing shellfish.   

The term “No Activity Zone” shall include a portion of the Buffer Zone extending outward from the boundary of the resource area in which no work, including the removal of vegetation, is allowed.   

(ii)    Insert the following new section:

Section XVIII.  Buffer Zone

A.  Residential Construction

A 30-foot No Activity Zone shall be required for all new residential structures in developments of three units or less, additions, accessory structures (including, but not limited to, garages, sheds, and pools), associated construction (including, but not limited to, driveways and septic systems), and site work (including, but not limited to, landscaping and grading) within the Buffer Zone.  In the event that there are multiple resource areas at a given site with associated Buffer Zone, the 30-Foot No Activity Zone shall be measured from the boundary of the resource area closest to the work.   

Developments of four or more residential units shall be subject to the requirements for commercial/industrial development in Subsection B.

B. Commercial/Industrial Development and Residential Construction of Four Units or More

A 50-foot No Activity Zone shall be required for all new commercial and industrial developments (including, but not limited to, strip malls, office buildings, retail stores, automotive uses, warehouses, and industrial buildings), and developments of four or more residential units, that will alter 2500 square feet or more of Buffer Zone.  In the event that there are multiple resource areas at a given site with associated Buffer Zone, the 50-foot No Activity Zone shall be measured from the boundary of the resource area closest to the work.  For commercial/industrial developments and developments of four or more residential units that will alter less than 2500 square feet of Buffer Zone, the Conservation Commission may permit a No Activity Zone less than 50 feet in width, but not less than 30 feet in width.

C. Exceptions

1.    The Conservation Commission may waive or reduce the No Activity Zone requirements listed above for the redevelopment of sites that are currently paved or altered with other impervious surfaces within Buffer Zone.     

2.    The Conservation Commission may waive or reduce the No Activity Zone requirements listed above for projects involving work necessary to access buildable upland (including access roads, driveways, and utilities) as long as there is no other means of accessing said buildable upland, and said work meets all the other requirements of the Massachusetts Wetlands Protection Act and this By-law.

3.    The Conservation Commission may waive or reduce the No Activity Zone requirements listed above if in its judgment such a reduction is necessary to accommodate a project that will have an overall benefit to the public and/or to the environment (such as a sewer expansion project, or a wildlife enhancement project).     

4.    The No Activity Zone requirements set forth in this Section shall not apply to any structures or site work that is defined as the normal maintenance or improvement of Land In Agricultural Use under 310 CMR 10.04, “Agriculture”. 

5.    The No Activity Zone requirements set forth in this Section shall not apply to projects requiring Chapter 91 Licenses, freshwater dock projects, repairs of existing Chapter 91 Licensed structures, or to other coastal engineering structures deemed by the Conservation Commission to be necessary to protect the interests of the Massachusetts Wetlands Protection Act and this By-law.

6.    The No Activity Zone requirements set forth in this Section shall not apply to projects involving the repair, but not expansion of, existing and lawfully located buildings and structures, including roads, culverts, utilities, septic systems, or storm water drainage structures, or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Conservation Commission

The Board of Selectmen Voted:    Favorable Action 4-0-1
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

This article seeks to amend Article I to Division VI of the General Bylaws known as the “Wareham Wetland Protective Bylaw” by adding the definitions of “Buffer Zone” and “No Activity Zone” to Subsection 1, Section VII (Definitions).  In addition, a new section, Section XVIII (Buffer Zone) is inserted which sets forth specifications for and prohibitions in the “No Activity Zone” for both residential construction and commercial/industrial development and residential construction of four (4) units or more.  A number of exceptions to Section XVIII of the Bylaw are also indicated.

Recommendation:

The Finance Committee recommends Favorable Action on this article.

ARTICLE 28

To see if the Town will vote to appropriate and transfer from available funds a sum of money to pay unpaid bills of prior fiscal years as follows:
From Town Administrator’s Office – Hancock Associates - $1,200.00; IKON Office Solutions - $99.84
From Wareham Free Library - Random House, Inc. - $64.00
From Veterans Services Dept. - Southcoast Physician Services - $297.88;
or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Town Administrator

The Board of Selectmen Voted:    Favorable Action 5-0-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

Several bills remain unpaid from prior fiscal years.  This article requests authority to pay those bills as indicated in the article.  The total of the four outstanding bills is one thousand six hundred sixty-one dollars and seventy-two cents ($1,661.72)

Recommendation:

The Finance Committee recommends Favorable Action on this article to pay several bills remaining from prior fiscal years.

ARTICLE 29

To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money for miscellaneous equipment to authorize the Town Administrator to expend such funds that are necessary for this action, or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Town Administrator

The Board of Selectmen Voted:    No Action 5-0-0
The Finance Committee Voted:    No Action 7-0-0

Explanation:

Under the authority granted to the Town Administrator by Section 4-2, Article 4, Wareham Charter (pg. 18), the Town Administrator is the procurement officer for the Town.  This article seeks to appropriate funds for purchase of miscellaneous equipment as proposed.

Recommendation:

The Finance Committee recommends No Action on this article by a vote of
7-0-0, upon receipt of additional information from the Assistant to the Selectmen.

ARTICLE 30

To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of Ninety-nine thousand two hundred twenty four dollars and no cents ($99,224.00) to pay for the first year of a three year lease for 8 police cruisers and 1 police SUV and to authorize the Town Administrator to expend such funds that are necessary for this action, or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Capital Planning Committee

The Board of Selectmen Voted:    Favorable Action 5-0-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

This article seeks to raise and appropriate and/or transfer from available funds the amount of $99,224.00 to pay for the first year of a three year lease for eight (8) police cruisers and one (1) police SUV & to authorize the Town Administrator to expend such funds.

Recommendation:

The Finance Committee and the Capital Planning Committee recommend Favorable Action of this article. 

The need to replace police cruisers was necessitated by their extremely poor shape and this was self-evident.  Monies through a grant was immediately available and action was taken.  Given that the cruisers are the officers’ office for recording devices, computers, communications, transportation, heating and cooling, we should ensure that they have adequate facilities.  Regardless of procedural issues, the need and grant money were available.  In coordination with the Police Chief, as well as the Capital Planning Committee and the Finance Committee, the Town Administrator took immediate and necessary action.

ARTICLE 31

To see if the Town will vote to authorize the Community Events Committee to expend Fifty three thousand seven hundred twenty five thousand dollars and no cents ($53,725), funds drawn from 70% of the Hotel/Motel Tax and 40% from the Parking Meter Fund.  The funds will solely be used for the continuing support and assistance of community events, projects, activities, services, programs and public improvements which are of mutual interest to residents and visitors of the Town, or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Community Events Committee

The Board of Selectmen Voted:    Favorable Action 5-0-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

This article authorizes the Community Events Committee to help support various community activities, projects, and public improvements which are of interest to the residents and visitors of Wareham.

Recommendation:

The Finance Committee recommends Favorable Action of this article and the continuing positive works of the Community Events Committee.

-------

ARTICLE 39

To see if the Town will vote to rescind one hundred seventy nine thousand, two hundred thirteen dollars and sixty cents ($179,213.60) which represents the unissued portion of a bond authorization approved in Article 25 at the October 23, 2007 Town Meeting for the purposes of restoration of the slate roof of Memorial Town Hall, or take any action relative thereto.

Inserted by the Board of the Selectmen from the Community Preservation Committee.

The Board of Selectmen Voted:    Favorable Action 5-0-0
The Finance Committee Voted:    No Action 7-1-0

Explanation:

This article would allow that portion of money which was approved at a prior Town Meeting in connection w/ the restoration of the Town Hall roof, but which was not included in the bond, to be removed from the books.

Recommendation:

The Finance Committee originally voted Favorable Action on this article, but at the request of the Community Preservation Committee, the Finance Committee changed their vote to No Action.  It is the understanding that the work is not yet complete.

ARTICLE 40
To see if the Town will vote to rescind Four hundred thousand dollars and no cents ($400,000) which represents the entire and unissued portion of a bond authorization approved in Article 26 at the October 23, 2007 Town Meeting for the purposes of open space and recreation for the acquisition by gift and/or negotiated purchase of the development rights and other rights associated with placing a perpetual Conservation Restriction on approximately 20+/- acres known as the Great Neck Conservation Project Phased 2, or take any action relative thereto.

Inserted by the Board of the Selectmen at the request from the Community Preservation Committee.

The Board of Selectmen Voted:    Favorable Action 5-0-0
The Finance Committee Voted:    No Action 7-1-0



Explanation:

This article would allow money which was approved at a prior Town Meeting in connection with the Great Neck Conservation project, but which was not bonded, be removed from the books.

Recommendation:

The Finance Committee originally voted Favorable Action on this article, but at the request of the Community Preservation Committee, they asked to hold off on this article since the CPC had not voted on this article.

ARTICLE 41

To see if the Town will vote to hear and act on the report of the Community Preservation Committee, on the Fiscal Year 2011 Community Preservation budget and further to reserve for future appropriation from Community Preservation Fund FY 2011 estimated annual revenues the following amounts as recommended by the Community Preservation Committee: (1) $25,000 to meet the administrative expenses and all other necessary and proper expenses of the Community Preservation Committee for the Fiscal Year 2011; (2) $50,000 for the acquisition, creation and preservation of open space, excluding land for recreational use; (3) $50,000 for the acquisition, preservation rehabilitation and restoration of historic resources; and (4) $50,000 for the creation, preservation and support of community housing or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Community Preservation Committee

The Board of Selectmen Voted:    Favorable Action 5-0-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

This article provides for annual allocation of funds to be received under the Community Preservation Act.  It includes the payment of administrative expenses and apportions money equally between open space and recreation, historic purposes, and community housing.

Recommendation:

This article is basically a housekeeping item.  The Finance Committee recommends Favorable Action on this article.





ARTICLE 42

To see if the Town will vote to appropriate from the Community Preservation Fund unallocated fund balance, or any other available monies in the Community Preservation fund, the sum of $50,416.67 for debt payment on the Tremont Nail Structural Feasibility Survey, as originally approved under article 28, October 2007 Town Meeting, or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Community Preservation Committee

The Board of Selectmen Voted:    Favorable Action 5-0-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

This article is for the debt payment for the Tremont Nail Structural Feasibility Survey as originally approved at a prior Town Meeting.

Recommendation:

The Finance Committee recommends Favorable Action on this article.

ARTICLE 43

To see if the Town will vote to appropriate from the Community Preservation Affordable Housing Reserve Fund, the sum of $50,000 to hire a consultant for the Agawam Village Reconstruction and Design Project, or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Community Preservation Committee

The Board of Selectmen Voted:    Favorable Action 5-0-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

This article is intended to provide $50,000.00 to the Wareham Housing Authority to walk the existing Agawam Village reconstruction design project to fruition.  This project has been studied at length and this article will move this project forward in obtaining permits to install additional units at Agawam Village.

Recommendation:

The FinCom voted unanimously in December 2009 to support the Wareham Housing Authority’s desire to build new units at Agawam Village, move current residents to the new units, and then rehab the existing units, thus, adding approximately 40 new residences to our housing.  An added benefit would be that the population density in the downtown area would be increased; a benefit to downtown merchants.  The Favorable Action vote by the FinCom on this article continues that support.

ARTICLE 44

To see if the Town will vote to appropriate from the Community Preservation Affordable Housing Reserve Fund, a transfer of $60,000 to the Wareham Affordable Housing Trust Fund, or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Community Preservation Committee

The Board of Selectmen Voted:    Favorable Action 5-0-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

This article will provide additional funds, in the amount of $60,000.00 for the Wareham Affordable Housing Trust Fund.

Recommendation:

The Finance Committee recommends Favorable Action on this article.

ARTICLE 45

To see if the Town will vote to appropriate from the Community Preservation Affordable Housing Reserve Fund the sum of $50,000 for the purchase of an affordable housing restriction establishing an affordable housing unit in Wareham; and further, that the purchase agreement between the Town and the owner of the unit shall include a requirement that the creation and use of the unit shall conform to the Local Initiative Program so that the restricted property shall qualify as affordable housing for purposes of the subsidized housing inventory maintained by the Massachusetts Department of Housing and Community Development for the Town of Wareham, or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Community Preservation Committee

The Board of Selectmen Voted:    No Action 5-0-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

This article is designed to provide a subsidy in the amount of $50,000.00 to a private contractor as long as the contractor agrees to a restriction that makes the housing unit part of our affordable housing stock.

Recommendation:

The Finance Committee recommends Favorable Action on this article.  This article is quite unusual.  The Community Preservation Committee wants to embark on what amounts to a new path; to provide funding as a grant to a developer (in this case) to either rehab or build a home.  Discussion within the Finance Committee centered, in part, as to whether the Town might also have a modest equity interest.  The Finance Committee is totally supportive of the idea of rehabbing residences where possible.

ARTICLE 46

To see if the Town will vote to appropriate from the Community Preservation Fund unallocated fund balance, or any other available monies in the Community Preservation fund, under the category of Historic Preservation, the sum of $20,500 as a grant to the American Legion Post #220 for the roof project at the South Wareham School House, so-called, also known as American Legion Post #220, and located at 777 Main Street, Wareham, and further, that a grant agreement shall require the grantee to grant to the Town a preservation restriction in said building, and to authorize the Board of Selectmen to accept said restriction, or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Community Preservation Committee

The Board of Selectmen Voted:    Favorable Action 5-0-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

This article will allow the transfer of Community Preservation Funds in the amount of $20,500.00 to install a much needed roof to the South Wareham School House, so-called, also known as American Legion Post #220 located at 777 Main Street.

Recommendation:

The Finance Committee recommends Favorable Action on this article.  It is the understanding of the Finance Committee that the State mandates that the American Legion, as an organization, receives certain benefits, including in this case, needed repairs to  the South Wareham School House where the American Legion resides, hence the request.

Strictly an aside, the Town should be giving more consideration to preventative maintenance.  Leaking roofs are much too common in Town and are symptomatic of not taking care of a problem before it escalates into a more serious issue.

ARTICLE 47

To see if the Town will vote to appropriate from the Community Preservation Fund FY 2011 estimated annual revenues, or any other available monies in the Community Preservation Fund, the sum of $245,000 under the category of Historic Preservation, for the roof restorations of the Town-owned Tremont Nail Main factory building and the Freight building, located at 15 Elm Street, Wareham, MA, or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Community Preservation Committee

The Board of Selectmen Voted:    No Action 5-0-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

This article seeks to appropriate from the Community Preservation Fund the sum of $245,000.00 for the roof restorations of the Town-owned Tremont Nail  Main Factory building and the Freight building, located at 15 Elm Street.

Recommendation:

The Finance Committee recommends Favorable Action on this article.  The intent is to try and secure structures and keep them from further harm.  While not quite on point, the suggestion about preventative maintenance in Article 46 above, has some relevancy here as well.

ARTICLE 48

To see if the Town will vote to appropriate from the Community Preservation Fund unallocated fund balance, or any other available monies in the Community Preservation fund, under the category of Open Space; the sum of $275,000 for the purchase of a conservation restriction for the Wareham Land Trust, Inc. with respect to approximately 35+/- acres of the property commonly known as the Former Robbins Trout Hatchery, located at Main Street, West Wareham, and designated as follows: Assessor’s Map 80, Lot 1004; Assessor’s Map 86, Lots A and B; Assessor’s Map 88, Lot 1008; and a portion of Assessor’s Map 88, Lot 1007A, to include all but approximately one acre of the existing parcel (as shown on a sketch plan on file with the Town Clerk), and to authorize the Conservation Commission to accept such restriction; all as recommended by the Community Preservation Committee for meeting the Open Space Goal of the Wareham Community Preservation Plan, or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Community Preservation Committee

The Board of Selectmen Voted:    No Action 5-0-0
The Finance Committee Voted:    No Action 6-2-0

Explanation:

This article deals with the potential purchase of land and subsequent Conservation Restriction.  It is somewhat complicated because the land is involved in bankruptcy proceedings.

Recommendation:

The Finance Committee first voted Favorable Action on this article, but then reconsidered that action in large part because of concerns that legal entanglements loomed in the horizon and that we felt uncomfortable with getting in the “middle” of this while the legal issues were still in discussion.

ARTICLE 49

To see if the Town will vote to appropriate from Community Preservation Fund unallocated fund balance, or any other available monies in the Community Preservation fund, under the category of Open Space, the sum of $100,000 and appropriate from Community Preservation FY2011 estimated annual revenues, or any other available monies in the Community Preservation fund, the sum of $155,000 under the category of Open Space, for the acquisition of the Northern portion of the parcel of land now or formerly owned by BKT Realty Trust; Tucy Enterprises Inc., Trustee, described as Assessors Map 117, Lot 1005A, containing 110 +/- acres, (as shown on a sketch plan on file with the Town Clerk); and to authorize the Board of Selectmen to acquire said property; and further, to authorize the Board of Selectmen to grant to a nonprofit organization a conservation restriction in said property, all as recommended by the Community Preservation Committee for meeting the Open Space Goal of the Wareham Community Preservation Plan; or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Community Preservation Committee

The Board of Selectmen Voted:    Favorable Action 3-2-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

This article deals with the potential purchase of land and a subsequent Conservation Restriction on said land.

Recommendation:

The Finance Committee voted Favorable Action on this article.  This article potentially has some ingredients of Article 48, but there seems to be no controversy at this current time.

ARTICLE 50

To see if the Town will vote to amend the vote taken under Article 11 of the 2009 Fall Town Meeting that appropriated $200,000 from Community Preservation Fund FY2010 estimated annual revenues for the design and engineering phase of the Wareham Community Pathway, by reducing the amount appropriated from the Community Preservation Fund FY2010 estimated annual revenues to $50,000 and by appropriating the sum of $150,000 from the Community Preservation Fund unallocated fund balance, or any other available monies in the Community Preservation fund,  for such purposes, or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen at the request of the Community Preservation Committee

The Board of Selectmen Voted:    Favorable Action 5-0-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

This article does not change the “amount”, but only changes the internal (to Community Preservation) sources.

Recommendation:

The Finance Committee recommends Favorable Action on this article.  This article deals with reallocation of funds and while not quite a “housekeeping” item, it tends in that direction.

ARTICLE 51

A.
To see if the Town will vote to amend the Wareham Zoning Map, dated May 14, 2007 by changing land previously zoned Commercial Strip to Commercial General with the following description;

Beginning at the Centerline of the intersection of Doty Street, Carver Road and Route 28 as shown on Wareham Assessors Map 103;

Thence North along the Centerline of Carver Road to the Southern Right of Way line for Route 25 as shown on Wareham Assessors Map 103; 

Thence Westerly along the Southern Right of Way line of Route 25 to the Centerline of Route 58 as shown on Wareham Assessors Map 103;

Thence South along the Centerline of Route 58 across Route 28 and along the Centerline of County Road to a point 500’ back from of Lot 1000 as shown on Wareham Assessors Map 99;

Thence Easterly along the Southern property lines Lot 1000 and Lot 1001 to the Southeastern corner of Lot 1001 as shown on Wareham Assessors Map 99;

Thence North along the Eastern property line of Lot 1001 to the Southern property line of Lot 1 as shown on Wareham Assessors Map 99;

Thence Easterly along the Southern property line of Lot 1 Across RAE Avenue at an angle to the Southeastern corner of Lot 1003 as shown on Wareham Assessors Map 99;

Thence Easterly along a line following the southern property lines of Lots 1003, 1004, 1005, 1006, 1007B, 1008, 1011 as shown on Wareham Assessors Map 99 to the Western property line of Lot 1004 as shown on Wareham Assessors Map 100;   
Thence Northeasterly along the Western property line of Lot 1004 to the intersection with Lots 1008 and 1009 as shown on Wareham Assessors Map 100; 

Thence South and East along the Western and Southern property lines of Lot 1008 to the Centerline of Carver Road as shown on Wareham Assessors Map 100;

Thence North along the Centerline of Carver Road to the Point of beginning.

B.
To see if the Town will vote to amend the Wareham Zoning Map, dated May 14, 2007, by changing land previously zoned Strip Commercial (CS) to Mr-30 with the following description and amending any descriptions in Appendix I.

Beginning at the northernmost apex of Lot 1044, thence Southerly along Cranberry Highway along the Western Lot lines of Lots 1044, 1043, T-1A, 1042, F-B and a portion of F-C;

Thence, Northwest, to a point at the edge of Tremont Mill Pond;


Thence, Northerly along the edge of Tremont Mill Pond along a portion of Lot F-C, F-B, 1042, 1043 and 1044 to Point of beginning.
  Inserted by the Planning Board

The Board of Selectmen Voted:    No Action 5-0-0
The Finance Committee Voted:    Favorable Action 7-0-0

EXPLANATION: 

This is a map change that went before the April 2006 Town Meeting and was voted to Further Study.  The Planning Board wants to revisit this change and recommends this change that affects properties on the Rochester Town Line that are now designated as Strip Commercial.  The perpendicular strip of Strip Commercial properties just east of Tremont Mill Pond is proposed to change to MR-30.

Recommendation:

The Finance Committee recommends Favorable Action on this article, in the spirit of clarifying an existing map and insuring the Town has the opportunity to influence the type of commercial development in the defined areas and concurrently protecting residential areas adjacent to Tremont Mill Pond.



ARTICLE 52

To see if the Town will vote to amend the Wareham Zoning Map, dated May 14, 2007 by changing land previously zoned Industrial, Commercial Strip and MR 30 to Commercial General with the following description;

Beginning at the Intersection of the Centerlines of Route 28 and Seth Tobey Road Southeasterly a distance of 500 feet as shown on Wareham Assessors Map 87;

Thence Westerly by a line Parallel to and 500 feet from the Centerline of Route 28 to the Western property line of Lot 1039B2 as shown on Wareham Assessors Map 90;

Thence Northerly at an angle to the Southeastern corner of Lot 1038 as shown on Wareham Assessors Map 90;

Thence North along the Eastern property line of Lot 1038 to the Center line of Route 28 as shown on Wareham Assessors Map 90;

Thence Westerly along the Centerline of Route 28 to a point directly across from the Northeastern corner of Lot 1018 as shown on Wareham Assessors Map 90;

Thence Southwesterly to and along the eastern and southern property lines of Lot 1018 to the Southwestern corner of Lot 1018 as shown on Wareham Assessors Map 90;

Thence North along the Western property line of Lot 1018 to the Southeastern corner of Lot 1017 as shown on Wareham Assessors Map 90;

Thence Westerly along the Southern property lines of Lots 1017, 1016, 1015 to the Southwestern corner of Lot 1014 as shown on Wareham Assessors Map 90;

Thence Northeasterly along the Western property line of Lot 1014 to the Center line of Route 28 as shown on Wareham Assessors Map 90;

Thence West along the Centerline of Route 28 to a point directly across from the Southeastern corner of Lot 1039 as shown on Wareham Assessors Map 105;

Thence North along the Eastern property line of Lot 1039 to a point directly across from the rear property line of Lots 1040, 1041, and 1042 as shown on Wareham Assessors Map 105;

Thence Easterly along the rear property lines of Lots 1040, 1041, 1042, 1043A, 1043C, across Charlotte Furnace Road and the rear property line of 1046 to the Western property line of Lot 1026 to a point 500 feet from the Centerline of Route 28 as shown on Wareham Assessors Map 105;

Thence Easterly from the western property line of Lot 1026, as shown on Wareham Assessors Map 105, by a line Parallel to and 500 feet from the Centerline of Route 28 to the Eastern property line of Lot 1004 A2 as shown on Wareham Assessors Map 108;

Thence South along the Eastern property lines of Lot 1004 A2 and 1019 to the Centerline of Route 28 as shown on Wareham Assessors Map 108;

Thence Northwesterly along the Centerline of Route 28 to the Point of beginning.

Inserted by the Planning Board

The Board of Selectmen Voted:    No Action 5-0-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

This article seeks to amend the Wareham Zoning Bylaw, dated May 14, 2007.  The parcels described in the article are currently zone Industrial, Commercial Strip, & MR-30.  The article proposes to change the zoning of the parcels described to Commercial General.

Recommendation:

The Finance Committee recommends Favorable Action.  The Committee supports the extension of Commercial General along Rte. 28 as more properly representing existing enterprises and providing space for industrial expansion a distance from the highway.

ARTICLE 53

To see if the Town will vote to raise and appropriate or transfer from available funds a sum of $100,000 to the Stabilization Fund, or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen

The Board of Selectmen Voted:    Favorable Action 4-1-0
The Finance Committee Voted:    Favorable Action 7-0-0

Explanation:

Wareham used to have a Stabilization Fund, but over the past several years, it served as a mechanism to balance the Town budget and as a consequence, we have had no buffer against any of the financial vagaries that beset us.  To put this in perspective, as of fiscal 2008, in a Department of Revenue document, Wareham was fifth worst out of over 350 cities & towns by one measure of our fiscal probity, and to the Finance Committee, that was not company that we wanted to keep.  Quite to the contrary.  The amount that we are suggesting is modest to be sure, but we all want to develop a mindset that in effect says we are going to save money and yes, we know that we are going to forgo something in the interim, but we the Town agree, we have to be more “prudent”.

In addition, the new administration has agreed that we should develop some sort of “formula” that we can look to and use on a going-forward basis in order to know that each year, we will set money aside.  Many towns will set aside a percentage of the Town budget as a reasonable goal, and while we have not as yet set such a target, we would hope that we might reach perhaps 1% of each fiscal budget, which if based on our average tax revenues of approximately $30 million a year.  This would have us setting aside $300,000.00 per year for Stabilization.  The current buzz-word around the Town and the State is “economic development”. 

While it is attractive to think of local businesses expanding, businessmen and women, who know nothing about Wareham,  are much more likely to be attracted to moving their operations here, to Wareham, if they both see and sense that we truly want to run a focused, well disciplined, operation.  They have to on a day-to-day basis and they would expect their one-step removed partner, the Town, to act in the same manner. 

In putting money aside, we forego or delay current activities, but we help to ensure our future.

Recommendation:

The Finance Committee recommends Favorable Action on this article.

ARTICLE 54

To see if the Town will vote to accept the layout of Bethel Way (assessor’s Map 95, Lot 1012, County Road, West Wareham) as a public way and to raise and appropriate or transfer a sum of money to reconstruct the roadways, or to do or act in any manner relative thereto.

NOTE:    This article has been reproduced exactly as presented, in accordance with the law.

Inserted by Leo Sullivan, et al.

The Board of Selectmen Voted:    No Action 5-0-0
The Finance Committee Voted:    No Action 7-0-0

Explanation:

This article seeks to have the Town vote to accept the layout of Bethel Way as  a public way and to raise and appropriate or transfer a sum of money to reconstruct the roadways.


Recommendation:

The Finance Committee recommends No Action on this article. The Finance Committee feels the acceptance of roads and byways is a function of the Board of Selectmen and other Town bodies having responsibility for planning and zoning.  The Finance Committee feels that the established procedures are adequate.

ARTICLE 55

To see if the Town will vote to establish a committee to research and evaluate the potential uses and long term leasing of the property known as the Swifts Beach property, which was taken by the Town by eminent domain, or to do or act in any manner relative thereto.

The committee shall be appointed by the Town Moderator and shall consist of the Chairperson of the Board of Selectmen, Chairperson of the Finance Committee, Chairperson of the Planning Board, Chairperson of the Community Preservation Committee, or a member of such boards and committees designated by their respective Chairperson, and three volunteer citizens of the Town.

The committee shall report their findings to the Town Meeting members at the October 2010 Town Meeting.

NOTE:    This article has been reproduced exactly as presented, in accordance with the law.

Inserted by Joe Chiaraluce, et al.

The Board of Selectmen Voted:    Indefinite Postponement 4-0-1
The Finance Committee Voted:    Favorable Action 6-1-0

Explanation:

This article is a citizen’s petition article that seeks to create a committee to study the potential uses and long-term leasing of the property taken by eminent domain at Swifts Beach.

Recommendation:

A majority of the Finance Committee recommends Favorable Action on this article.  This article has come up previously and the Finance Committee felt that it would be advisable to adopt the article for what amounts to further study by a select group.



ARTICLE 56

To see if the Town will vote to amend the Wareham Zoning Bylaw by rezoning the parcels of land and buildings thereon located on Cranberry Highway and shown on Wareham Assessors Map 133 as Lots 1000, 26 & 27 respectively from MR-30 to General Commercial, or to take any action in relation thereto.

NOTE:    This article has been reproduced exactly as presented, in accordance with the law.

Inserted by Albert W. Gregory, et. al.

The Board of Selectmen Voted:    No Action 5-0-0
The Finance Committee Voted:    No Action 5-2-0

Explanation:

This petitioner’s article seeks to amend the Wareham Zoning Bylaw.  Currently, parcels indentified on Assessors Map 133 as Lots 1000 & 27 (across Cranberry Highway from Perry’s Ice Cream, between Meadowlark Drive and Sandusky Drive) and Lot 26 entirely on Meadowlark Drive are zoned MR-30 (Multiple Residence on 30,000-45,000 sq. ft. lots).  The requested Bylaw change would make these three lots General Commercial.

Recommendation:

The Finance Committee voted No Action by a vote of 5-2-0.  The majority of the Finance Committee felt that rezoning articles of this nature should be reviewed by the Planning Board before being presented to Town Meeting.  The minority recognized that a Variance has already been granted for a portion of Lot 1000 and that this article simply expanded the Commercial General to two adjacent lots.

April 26, 2010 TM Warrant - UPDATED

TAKEBACKWAREHAM
P-SPAN

Last edited by P-SPAN (2010-05-07 09:59:08)