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Finance Committee RECOMMENDATIONS-2010 Annual Town Meeting
Attachments:
Attachment NameAttachment SizeAttachment Date
Size: 54K
Last Updated: 2010/5/13
Articles designated for the Consent Agenda (*) are considered routine and will be acted on with a single motion.   Items may be removed from the Consent Agenda by the moderator in order to address any voter concerns or questions.
Second Night.  If there is considerable business remaining as the clock approaches 11:00 PM, the Moderator will consider a motion to adjourn to a second session..

ARTICLES
TOWN OF WILBRAHAM
ANNUAL TOWN MEETING,  MAY 17, 2010
*ARTICLE 1. Choosing miscellaneous officials (consent agenda). To choose one Poundkeeper; two Surveyors of Lumber; two Measurers of Wood and Charcoal; two Field Drivers; two Weighers of Grain; all for a term of one year.
Explanation: The town has a tradition that these positions be filled by election at each Annual Town Meeting.
*ARTICLE 2. Hearing reports (consent agenda). To hear and act on reports of all officers and committees whose duties require them to report to said meeting.
Explanation:  Under this article Town Meeting formally accepts the 2009 Town Report.
ARTICLE 3. Funding Transfers FY 2010. To see if the Town will vote to transfer sums of money previously appropriated but unexpended from certain FY 2010 budgets for the purpose of funding certain FY 2010 budgets which are insufficient to meet needed expenditure levels for the balance of the fiscal year, pursuant to Section 33B of Chapter 44 of the Massachusetts General Laws, or take any other action relative thereto.
Explanation:  This article proposes to cover shortfalls in FY 2010 departmental budgets with surpluses identified in other departmental budgets.
Finance Committee Recommendation: Finance Committee recommends approval of this Article
ARTICLE 4: Ambulance Fund transfer. To see if the Town will vote to appropriate $25,000.00 from Receipts Reserved for Appropriation for Ambulance to the FY’10 Ambulance Budget for the purpose of covering overtime, or take any other action relative thereto.
Explanation: The Ambulance Fund is a self-supporting budget, and this article appropriates money from ambulance receipts to balance higher-than-expected overtime payments in FY’10.
Finance Committee Recommendation: Finance Committee recommends approval of this Article
ARTICLE 5. Parliamentary procedures. To see if the Town shall adopt special parliamentary procedures for the purpose of implementing the provisions of Chapter 580 of the Acts of l980 (Proposition 2) as amended, and as set forth in a document entitled "Article 5, Exhibit A," on file with the Town Clerk, or take any other action relative thereto.
Explanation: Under this article Town Meeting agrees to accept the Finance Committee’s revenue estimates for the FY 2011 budget, and to keep total expenditures in balance with revenues. A voter making a motion to increase spending must identify the funding source.
Finance Committee Recommendation: Finance Committee recommends approval of this Article
ARTICLE 6. Compensation for elected town officials. To see if the Town will vote to fix the compensation for all elected Town Officers for the fiscal year beginning July l, 2010 and ending June 30, 2011, or take any other action relative thereto.
Explanation:  State law requires Annual Town Meeting to set compensation for elected officials.
Finance Committee Recommendation: Finance Committee recommends that the compensation for elected Town Officers for fiscal year July l, 2010 to June 30, 2011, be fixed as follows: Assessors, chairman, $3,293.00, members, $2,982.00 each, per year; Town Clerk, $63,780.00 per year (all fees revert to the Town treasury); Moderator, $200.00 Annual Town Meeting, $50.00 Special Town Meeting; Selectmen, $4,383.00 per year, chairman $5,114.00 per year; Tree Warden, $9,041.00 per year; Water Commissioners, $150.00 per year; Cemetery Commissioners, no salary; Library Trustees, no salary; Planning Board Members, no salary; Poundkeeper, Field Drivers, Weighers of Grain, Surveyors of Lumber, Measurers of Wood and Charcoal (all Town officers elected other than by official ballot), fees only, fixed by General Laws.
ARTICLE 7. Budget appropriations. To hear and act on the report of the Finance Committee together with the appropriations recommended by them and to raise such sum of money as may be deemed necessary for defraying the expenses of the Town for the ensuing fiscal year and appropriate the same and vote how the same shall be raised or provided for, or take any other action relative thereto.
Explanation: This article presents the Finance Committee’s recommendations for the FY 2011 budget. Any amendment to increase any budget item may only be presented according to the guidelines set forth in Article 5, Parliamentary Procedures.
Finance Committee Recommendation: (The budget is a separate document for voter reference.)
ARTICLE 8.  Water Enterprise Fund Budget.  To see if the town will vote to raise and appropriate or transfer from available funds a sum of money to operate the Water Enterprise Fund or take any other action relative thereto.
Explanation:  This article establishes the budget for the Water Enterprise Fund and the funding sources for said enterprise fund.
Finance Committee Recommendation: Finance Committee recommends that $1,531,690 be appropriated to operate the Water Enterprise and that $1,459,839 be raised from Water Department receipts and $71,851 be transferred from retained earnings.
ARTICLE 9.  Wastewater Enterprise Fund Budget.  To see if the town will vote to raise and appropriate or transfer from available funds a sum of money to operate the Wastewater Enterprise Fund, or take any other action relative thereto.
Explanation: This article establishes the budget for the Wastewater Enterprise Fund and the funding sources for said enterprise fund.
Finance Committee Recommendation: Finance Committee recommends that $1,271,670 be appropriated to operate the Wastewater Enterprise and that $1,271,670 be raised from Wastewater Department receipts.
ARTICLE 10.  Solid Waste Enterprise Fund Budget.  To see if the town will vote to raise and appropriate or transfer from available funds a sum of money to operate the Solid Waste Enterprise Fund, or take any other action relative thereto.
Explanation: This article establishes the budget for the Solid Waste Enterprise Fund and the funding sources for said enterprise fund.
Finance Committee Recommendation: Finance Committee recommends that $425,191 be appropriated to operate the Solid Waste Enterprise Fund and that $425,191 be raised from Solid Waste Department receipts.
ARTICLE 11. Annual Community Preservation Program budget. To hear and act on the report of the Community Preservation Committee on the Fiscal Year 2011 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the payment of debt service, the undertaking of community preservation projects, the administrative expenses of the Community Preservation Committee and all other necessary and proper expenses for the year, as set forth in a document entitled “Article 11, Exhibit A” or take any other action relative thereto.
Explanation: This article asks Town Meeting to act on the recommendations of the Community Preservation Committee, relative to expenditure of the Community Preservation Fund, established by town vote in 2004.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
ARTICLE 12. Receipts reserved for appropriation for ambulance. To see if the Town will vote to appropriate a sum of money [$539,944] from Receipts Reserved for Appropriation for Ambulance to Ambulance personal services, operating and capital costs, pursuant to Section 5 of Chapter 40 of the Massachusetts General Laws, or take any other action relative thereto.
Explanation: This article appropriates funding from ambulance billing receipts to support the town’s ambulance service.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
ARTICLE 13. Appropriations for Purchase of an Ambulance Vehicle: To see if the Town will vote to appropriate $45,000 from Receipts Reserved for Appropriation for Ambulance and $126,446 from the depreciation account for vehicle and equipment replacement for the purchase of a new ambulance vehicle, or take any other action relative thereto.
Explanation: This article appropriates funding from two sources; (1) ambulance billing receipts and (2) a holding account which accumulated funding for ambulance vehicle replacement. The funding will be used to purchase a new ambulance vehicle.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
ARTICLE 14. Receipts reserved for appropriation for cemeteries. To see if the Town will vote to appropriate a sum of money from Receipts Reserved for Appropriation for Cemeteries to Cemetery Expenses, pursuant to Section~5 of Chapter 40 and Section 16 of Chapter 114 of the Massachusetts General Laws, or take any other action relative thereto.
Explanation: This article appropriates funding from cemetery receipts to support operation of town cemeteries.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
ARTICLE 15.  Reserve Fund. To see if the Town will vote to raise and appropriate, transfer from the Stabilization Fund, transfer from Overlay Surplus, or otherwise fund a sum of money for a Fiscal Year 2011 Reserve Fund, or take any other action relative thereto.
Explanation: Under state law, the town is allowed to maintain a Reserve Fund to meet “unforeseen and extraordinary” costs that arise during the year. The Selectmen and Finance Committee must approve transfers from the Reserve Fund.
Finance Committee Recommendation: Finance Committee recommends funding of the Reserve fund at $225,000.
ARTICLE 16. Medicare Extension Plans for Future Eligible Retirees – Statute Acceptance.  To see if the Town will vote to accept Section 18A of Chapter 32B of the General Laws, the effect of which would be to require that all Town retirees who retire after the acceptance of this section, their spouses and dependents who are enrolled in or eligible to be enrolled in Medicare Part A at no cost to a retiree, their spouse or dependents, or eligible for coverage thereunder at no cost to a retiree, their spouse or dependents, be required to enroll in a Medicare health benefits supplement plan offered by the Town, or take any other action relative thereto.
Explanation: This Article proposes that Town Meeting vote to accept a provision of state law that would require future retirees who are eligible for Medicare coverage to enroll for the same.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
ARTICLE 17.   Other Post Employment Benefits Liability Trust Fund Authorization – Statute Acceptance.  To see if the Town will vote to accept Section 20 of Chapter 32B of the General Laws authorizing the establishment of a separate fund, to be known as an Other Post Employment Benefits Liability Trust Fund, and other provisions as outlined in said Statute, or take any other action relative thereto.
Explanation: This Article proposes that Town Meeting vote to accept a provision of state law that would allow the establishment of a fund to be used to reduce the unfunded actuarial liability of health care and other post-employment benefits to zero as of an actuarially acceptable period of years and to meet the normal cost of all such future benefits for which the town is obligated.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
ARTICLE 18.  Funding of Other Post Employment Benefits Liability Trust Fund.  To see if the Town will vote raise and appropriate or transfer from available funds a sum of money to be placed into the Other Post Employment Benefits Liability Trust Fund, established under the provisions Massachusetts General Laws Chapter 32B, Section 20, or take any other action relative thereto.
Explanation: This Article would provide initial funding of the Other Post Employment Benefits Liability Trust Fund established under the previous Article and to begin the process of prefunding the town’s unfunded actuarial liability of health care and other post-employment benefits.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
ARTICLE 19.  Authorization to borrow for capital outlays. To see if the Town will vote to borrow a sum of money for the following purposes:
1)      in accordance with Section 7(3A) of Chapter 44 of the Massachusetts General Laws for remodeling, reconstructing or making extraordinary repairs to public buildings owned by the town, including original equipment and landscaping, paving and other site improvements; and
2)      in accordance with Section 7(9) of Chapter 44 of the Massachusetts General Laws for the cost of departmental equipment;
3)      in accordance with section 7(1) of Chapter 44 of the Massachusetts General Laws for the construction or reconstruction of surface drains, sewers, sewerage systems and sewage treatment and disposal facilities, or take any other action relative thereto.
Explanation: This article authorizes borrowing in support of the town’s five-year capital improvements plan, which will be outlined at town meeting and presented in the motion.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
*ARTICLE 20. Council on Aging Revolving Fund (consent agenda). To see if the Town will vote to reauthorize a revolving fund for the use of the Council on Aging to accept revenue from program fees and donations which shall be used for program expenses and further to transfer the balance from the FY 2010 revolving fund to the FY 2011 revolving fund in accordance with Section 53E of Chapter 44 of the Massachusetts General Laws, or take any other action relative thereto.  
Explanation: State law allows the town to authorize revolving funds to collect and disburse specific fee revenues, and requires that Annual Town Meeting approve these accounts each year.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
*ARTICLE 21. Compost Bin Revolving Fund (consent agenda). To see if the Town will vote to reauthorize a revolving fund for the use of the Disposal and Recycling Center, to accept revenue from the sale of compost bins which shall be used to purchase additional compost bins, and further to transfer the balance of the FY 2010 revolving fund to the FY 2011 revolving fund in accordance with Section 53E of Chapter 44 of the Massachusetts General Laws, or to take any other action relative thereto.
Explanation: State law allows the town to authorize revolving funds to collect and disburse specific fee revenues, and requires that Annual Town Meeting approve these accounts each year.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
*ARTICLE 22 Cemetery Revolving Fund (consent agenda). To see if the Town will vote to reauthorize a revolving fund for the use of the Cemetery Commission, to accept revenue from the sale of boundary markers, foundations, winter access charges, and for opening and closing graves, which shall be used to purchase boundary markers, foundations, winter access charges, and to open and close graves, and further to transfer the balance from the FY 2010 revolving fund to the FY 2011 revolving fund in accordance with Section 53E of Chapter 44 of the Massachusetts General Laws, or to take any other action relative thereto.
Explanation: State law allows the town to authorize revolving funds to collect and disburse specific fee revenues, and requires that Annual Town Meeting approve these accounts each year.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
*ARTICLE 23. Community Gardens Revolving Fund (consent agenda). To see if the Town will vote to reauthorize a revolving fund for the use of the Conservation Commission, to accept revenue from lot rental fees at the community gardens, which shall be used to purchase goods, tools, and services, including water resources, for the use of the gardeners at the Community Gardens, and further to transfer the balance from the FY 2010 revolving fund to the FY 2011 revolving fund in accordance with Section 53E of Chapter 44 of the Massachusetts General Laws, or take any other action relative thereto.  
Explanation: State law allows the town to authorize revolving funds to collect and disburse specific fee revenues; this Revolving Fund will be used for income and expenses related to the Community Gardens.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
ARTICLE 24.  Special Appropriation for road repaving and preservation. To see if the Town will vote to raise and appropriate, transfer from the Stabilization Fund, or transfer from available funds (free cash), $150,000 to repave, resurface and/or crack seal public ways, or take any other action relative thereto.
Explanation:  This Article would provide additional funding for repavement and road surface preservation of streets in Wilbraham.  It is planned that this will be the first year of a ten year effort to catch up on the DPW’s pavement management plan.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
ARTICLE 25.  Municipal Broadband Study. To see if the Town will vote to raise and appropriate or transfer from available funds (free cash) a sum of money to be used for a feasibility study of a town-owned fiber optic network, or take any other action relative thereto.
Explanation:  The existing broadband over copper wiring is inadequate to support the growing needs of Wilbraham residents, businesses and government. Moving forward, the Town will need to upgrade its voice, Internet and video capabilities from copper to a modern fiber optic based infrastructure. The study’s purpose is to describe to what degree, if any, the Town can invest in a fiber optic future, whether it’s a simple municipal building-to-building network or one that connects privately owned buildings, as well.
Finance Committee Recommendation: Finance Committee makes no recommendation on this Article.
*ARTICLE 26.  Authorization to enter into lease/purchase agreements (consent agenda). To see if the Town will vote to authorize the Board of Selectmen to make contracts for the lease, with option to purchase, of various municipal equipment, subject to annual appropriation, if in the opinion of the Board it is in the best interests of the Town.  The Board of Selectmen shall identify within its budget submission to the Finance Committee, any contract for the lease with an option to purchase, or take any other action relative thereto.  
Explanation: Each year the Town Meeting is asked to give the Selectmen authorization to allow municipal departments to enter into lease/ purchase agreements.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
*ARTICLE 27.  Authorization to dispose of surplus equipment (consent agenda). To see if the Town will authorize the Board of Selectmen on behalf of the Town to sell, transfer, or otherwise dispose of damaged, obsolete, or unneeded tangible personal property or equipment owned by the Town, or take any other action relative thereto.
Explanation: Each year Town Meeting may authorize selectmen to dispose of surplus equipment.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
*ARTICLE 28.  Grants Authorization (consent agenda).  To see if the Town will vote to authorize the Board of Selectmen to apply for and accept federal or state grants or monies as may be available and to authorize the expenditure of any such grants or funds received from such grants in accordance with the terms of said grants, or take any other action relative thereto.  
Explanation: Certain Grant programs require a Town Meeting vote of authorization for application and expenditure.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
ARTICLE 29. Acceptance of deeds.  To see if the Town will vote to accept such deeds and grants of interests in land to the Town recorded at the Hampden County Registry of Deeds or the Hampden County Land Registration Office since the date of the last Annual Town Meeting as filed by the Board of Selectmen with the Town Clerk as “Article 29, Exhibit A”, or take any other action relative thereto.  
Explanation: Under this article Town Meeting votes to accept certain interests in land that have been deeded or granted to the town during the past year.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
ARTICLE 30.  Drainage and Access Easements.  To see if the Town will vote, pursuant to the authority found in Massachusetts General Laws, Chapter 79 and/or other legal authority, to acquire drainage, utility and access easements by gift, purchase and/or eminent domain in areas of the town designated in Exhibit A hereto, which is on file with the Office of the Town Clerk, for the purpose of having timely and adequate legal access to private property in order to maintain public water, drainage and sewer utilities, pedestrian access and safety on sidewalks, and traffic on and near public and private roadways, highways and other ways, and for the purpose of having timely and adequate legal access to private property in order to maintain uninterrupted flow in the town’s waterways, so they will not back up and cause flooding due to blockages obstructing the flow of water during storm events which cause local flooding, damage to real estate and the threat of serious harm to town residents; or take any other action relative thereto.  
Explanation:  This Article would give the Town the authority to obtain easements in order for the DPW to attempt to minimize local flooding due to blockages in certain town waterways.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
ARTICLE 31.  LOCAL MEALS TAX (PETITION ARTICLE).  That the town of Wilbraham accept G.L. c. 64L, § 2(a) to impose a local meals excise.
Explanation:  A city or town may now impose an excise of .75% on the sales of restaurant meals originating within the municipality by accepting G.L. c. 64L, § 2(a). This Article would accept Massachusetts General Laws chapter 64L, section 2a, which would impose an additional 0.75% Meals excise tax on meals served in restaurants in Wilbraham. As with the existing local option room occupancy excise, the Massachusetts Department of Revenue will collect the local meals excise at the time it collects the state tax on the sale. Therefore, the local excise applies to all meals subject to the state sales tax.
Finance Committee Recommendation: Finance Committee does not recommend Article 31.
ARTICLE 32.     By-Law Amendments – Relating to Town Meetings and Town Elections. To see if the Town will vote to amend the Town By-Laws as follows, or take any other action relative thereto:
-       Amend Section 200(c) of the Wilbraham By-Laws by deleting the words “and at one public location in each precinct”.
-       Amend Section 201(a) of the Wilbraham By-Laws to read as follows:  The Annual Town Meeting shall be held in either April, May or June of each year, the date to be determined by the Board of Selectmen.
-       Amend Section 204(a) of the Wilbraham By-Laws to read as follows:  The town election of officers shall be held on the third Saturday in May.
Explanation:  This Article would remove the requirement that Town Meeting Warrants be posted in one location in each precinct; would change the period during which the Board of Selectmen could call the Annual Town Meeting from March through May to April through June, and; would specify that the Town Election would be held on the 3rd Saturday in May, regardless of when the Annual Town Meeting convenes.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
ARTICLE 33.     By-Law Amendments - Dogs.  To see if the Town will vote to amend the Town By-Laws as follows, or take any other action relative thereto:
-       Amend Section 604.2(B) of the Wilbraham By-Laws to read as follows:  Any owner or keeper of a dog six months of age or older in the Town of Wilbraham shall cause that dog to be licensed each year. Licensing is issued annually for a 12-month period beginning January 1.
-       Amend Section C. Licensing is available during January, February and March, or earlier at the discretion of the Town Clerk. Any owner or keeper who applies for a dog license, whether new or renewal, after April 30, will be charged a late fee for the current year, as established by the Board of Selectmen.
Explanation:  This Article would change the Dog Licensing period to coincide with the Calendar Year. Currently it runs April 1st to March 31st.
Finance Committee Recommendation: Finance Committee recommends approval of this Article.
ARTICLE 34.     Wilbraham Center Historic District.  To see if the Town will vote to Amend Article VI of the Town By-Laws, “Regulation of Public Conduct”, by adding Section 635, “Local Historic District”, as on file with the Town Clerk as “Article 34, Exhibit A and Exhibit B”, or take any other action relative thereto.
Explanation:  This article would establish an historic district on certain properties on Main Street between Tinkham Road and Mountain Road.  The district would be established under state law and would require review and discussion of certain building, demolition and remodeling activities within district boundaries.
Finance Committee Recommendation: Finance Committee defers to the Planning Board for a recommendation on Article 34..
ARTICLE 35.     Acceptance of qualifying subdivision streets as public ways. To see if the Town will vote to accept as public ways, pursuant to a layout filed by the Board of Selectmen with the Town Clerk, all or portions of Squire Drive and Falcon Heights Road, or take any other action relative thereto. (PLANNING BOARD RECOMMENDS)
Explanation:  Roads must be designated as “public ways” by Town Meeting in order for the town to accept full responsibility for their maintenance, and they must meet certain criteria to be accepted as public ways.  Through this article the Town formally accepts as “public ways” roads that qualify for that designation.
ARTICLE 36.  Zoning By-Law Amendment – Retail Sales of Automobiles & Trucks:  To see if the Town will vote to amend the Wilbraham Zoning By-Law by deleting the second sentence in section 6.5.2 which reads as follows: “In no event shall the percentage of used automobiles or trucks displayed or stored on the premises exceed forty (40) percentage of the total number of new and used automobiles or trucks displayed or stored on said premises during any one week period.”, or take any other action relative thereto.  (PLANNING BOARD RECOMMENDS)
Explanation:  This article seeks to amend section 6.5.2 of the Zoning By-Law which governs the sale of used automobiles and trucks as an accessory use to an automobile dealership authorized by special permit from the Planning Board.  The sale of used cars and trucks would still be permitted as an accessory use but the proposed amendment would eliminate existing language which caps the number of used vehicles to 40 percent of the total number of vehicles (used and new) allowed on the premise.
ARTICLE 37.  Accessory Residential Garage Use Regulations:  To see if the Town will vote to amend the Wilbraham Zoning By-Law by deleting existing section 3.6.2.2 and substituting therefor a new section 3.6.2.2 to read as follows: “Private attached garage, detached garage and/or carport accessory to a residential dwelling with a combined number of garage doors not to exceed three (3) and with combined garage space not to exceed 1100 square feet, unless so authorized by special permit from the Planning Board.  The location and size of accessory garages shall also be subject to the requirements imposed under section 4.4.8.  Parking or storage of motor vehicles shall be subject to the requirements imposed under section 4.5.”, or take any other action relative thereto.  (PLANNING BOARD RECOMMENDS)
Explanation:  To improve the clarity and administration of this section of the By-law, the proposed amendment would replace the existing regulation with more quantitative language which requires special permit approval for dwellings with more than three garage doors and more than 1,100 square feet of garage space.
ARTICLE 38.  Zoning By-Law Amendment – Location & Size of Residential Accessory Buildings:  To see if the Town will vote to amend the Wilbraham Zoning By-Law by deleting existing section 4.4.8 and substituting therefor a new section 4.4.8 as set forth in a document entitled “Zoning Amendment Exhibit A” on file with the Town Clerk, or take any other action relative thereto.  (PLANNING BOARD RECOMMENDS)
Explanation:  This article seeks to amend section 4.4.8 of the Zoning By-Law which provides regulations governing the location and size of accessory residential buildings.  The proposed amendment reorganizes and revises the existing regulations to eliminate inconsistent or confusing language and to improve the clarity and administration of this section of the By-law.
ARTICLE 39.  Zoning By-Law Amendment – Earth Removal Permits:  To see if the Town will vote to amend the Wilbraham Zoning By-Law by deleting existing section 10.4.1 and substituting therefor a new section 10.4.1 as set forth in a document entitled “Zoning Amendment Exhibit B” on file with the Town Clerk, or take any other action relative thereto.  (PLANNING BOARD RECOMMENDS)
Explanation:  This article seeks to amend section 10.4.1 of the Zoning By-Law which deals with earth removal permit requirements.  The existing regulations require an earth removal permit from the Zoning Board of Appeals to remove surplus materials from any premises in Wilbraham.  The proposed amendment revises the existing regulations and specifies when projects will require earth permit approval from the Building Commissioner, Board of Appeals or Planning Board.
ARTICLE 40.  Town By-law Amendment & Zoning By-Law Amendment – Associate Planning Board Member:  To see if the Town will vote to amend Article III Section 308 of the Town By-Laws (Elected Town Officials – Wilbraham Planning Board) by deleting the words “one-year term” in the second sentence of paragraph (a.) and substituting therefor the words “three-year  term” and to amend the Wilbraham Zoning By-Law by deleting existing section 15.4.2 and substituting therefor a new section 15.4.2 as set forth in a document entitled “Zoning Amendment Exhibit C” on file with the Town Clerk, or take any other action relative thereto.  (PLANNING BOARD RECOMMENDS)
Explanation:  The Planning Board has one Associate Member who is appointed to serve as an alternate voting member on special permit applications.  This article seeks to amend both the Town of Wilbraham By-Laws and the Zoning By-Law by changing the length of term of the Associate Member from one year to three years.
ARTICLE 41.  Zoning By-Law Amendment – Mixed Use Development:  To see if the Town will vote to amend the Wilbraham Zoning By-Law by revising sections 1.3, 3.5, 3.6 and 14.0 as set forth in a document entitled "Zoning Amendment Exhibit D" on file with the Town Clerk, or take any other action relative thereto.  (PLANNING BOARD RECOMMENDS).  (PLANNING BOARD RECOMMENDS)
Explanation:  This article seeks to amend sections 1.3, 3.5, 3.6 and 14.0 of the Zoning By-Law and would give the Planning Board the authority to approve mixed use development by special permit in the GB and I-POP-GB zoning districts.


 
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