• RESULTS OF SPECIAL TOWN MEETING
  • November 18, 2000
  • The warrant was returned to the Town Clerk at 8:45 a.m.

    The Moderator called the meeting to order and read the rules of the meeting. At this time the Moderator asked the voters to vote on the following: To allow the Moderator to declare a two-thirds vote for THIS meeting only. The motion carried.

    Article 1. The motion was made and seconded that the Town vote to transfer the sum of $4,279.98 from the Middlesex Retirement System account to the Prior Year Bills account for the purpose of paying the following prior year bills:

    o Bell Atlantic Parks Department March/April, 1999 $20.44

    o Bell Atlantic Communications January, 1999 $58.08

    o Bell Atlantic Communications November, 1999 $58.08

    o Bell Atlantic Fire Department December, 1998 $33.19

    o Cent. M.A. Emer Med Sys EMS June, 2000 $207.50

    o Moore Medical Corp. EMS September, 1999 $161.25

    o Smith Electronics Communications June, 2000 $2,402.25

    o Sentinel and Enterprise Board of Health June, 2000 $67.80

    o Sentinel and Enterprise Zoning Board June, 2000 $45.20

    o Sentinel and Enterprise Conservation Comm May,, 2000 $33.90

    o Sentinel and Enterprise Conservation Comm June, 2000 $16.95

    o Don Cote, Salary Plumbing & Gas Feb-June, 2000 $775.34

    o Don Cote, Travel Plumbing & Gas Sept-June, 2000 $400.00

    VOTE: MOTION CARRIED UNANIMOUSLY

    Article 2. The motion was made and seconded that the Town vote to transfer the sum of $7,200 from the Regional Vocational Technical School account to the Audit of Records account for the purpose of paying for an annual audit.

    VOTE: MOTION CARRIED UNANIMOUSLY

    Article 3. The motion was made and seconded that the Town vote to amend Town

    By-Law, Article VI, Section 6, to delete "$10,000" and insert "$25,000".

    VOTE: MOTION CARRIED UNANIMOUSLY

    Article 4. The motion was made and seconded that the Town vote to transfer the sum of $1,900 from the Regional Vocational Technical School account to the Administration and Operations Expenses account for the purpose of paying the Town’s share of the school parking lot pipe repairs.

    VOTE: MOTION CARRIED UNANIMOUSLY

    Article 5. The motion was made and seconded that the Town will vote to transfer the sum of $1,992.02 from the Regional Vocational Technical School account and to transfer the sum of $727.98 from Middlesex Retirement System account to the Cemetery Wages account for the purpose of paying Cemetery Wages.

    VOTE: MOTION CARRIED UNANIMOUSLY

    Article 6. The motion was made and seconded that the Town will vote to transfer the sum of $1,000 from the Montachusett Regional Vocational Technical School account to the Cemetery Expenses account for the purpose of paying for cemetery maintenance.

    VOTE: MOTION CARRIED UNANIMOUSLY

    Article 7. The motion was made and seconded that the Town transfer the sum of $2,285.04 from the Middlesex (County) Retirement System account and to transfer the sum of $42.96 from the Montachusett Regional Vocational Technical School account to the Highway Mechanic Wages account for the purpose of training a new mechanic to replace retiring mechanic.

    VOTE: MOTION CARRIED UNANIMOUSLY

    Article 8. The motion was made and seconded that the Town vote to transfer the sum of 19,895.98 from he North Middlesex Regional School District Assessment account and the sum of $1,104.02 from the Montachusett Regional Vocational Technical School district Assessment account for the Fire Truck account for the purpose of purchasing and outfitting a used Mack chassis to replace the current unusable fire tanker truck.

    VOTE: MOTION CARRIED UNANIMOUSLY

    Article 9. The motion was made and seconded that the Town vote to amend the Zoning By-Laws as follows:

    Add the following definition to Section 3 and number all succeeding definitions sequentially, "7) Camouflaged. A public wireless communications facility that is disguised, hidden, or placed within an existing structure is considered camouflaged." and insert the

    words "shall be camouflaged and" following the word transmitters in Section 4.7.4.2 and replace the words "guidelines" with the words "requirements" in Section 4.7.4.

    VOTE: MODERATOR DECLARED A 2/3’S VOTE TAKEN IN FAVOR

    Article 10. The motion was made and seconded that the Town vote to authorize the Board of Selectmen to lease a portion of land at the Municipal Landfill on Greenville Road, being a portion of the same parcel shown on Assessor’s Map 5, Lot 28, said portion to be no more than three (3) acres and located on the west side of the capped area at the said Landfill and including reasonable access thereto for the installation and operation of a wireless communications facility for a term not to exceed twenty years and on such other terms and conditions as the Board of Selectmen may determine are in the best interest of the Town.

    VOTE: MOTION PASSED

    Article 11. The motion was made and seconded that the Town vote to authorize the Selectmen to acquire by purchase, eminent domain or otherwise as provided by the General Laws on such terms and conditions as are in the Town’s best interest for conservation and passive recreational purposes certain parcels of land located on Mt. Watatic being the parcels shown on Assessor’s Map 1, Parcel 2 and further being the same land shown on a plan entitled "Compiled Plan of Land Located in Ashby and Ashburnham, Massachusetts owned by David J. Fenton Jr., Trustee of the "Mt. Watatic Nominee Trust" by Hub Survey Associates, Inc. dated March 9, 2000 consisting of approximately 233 acres in Ashby, together with buildings thereon, known as the old Mt. Watatic Ski Area consisting of 3 acres, more or less, of land under water and 230 acres, more or less, of land above water, together with all flowage and other rights and easements and subject to all well rights and easements as are shown and which are filed in the Land Court Registration Office, and which are further referred to in Certificate of Title of the Land Court, Registry of Deeds, Middlesex County, dated 03/01/2000, Book #31075, and page #474, and Instrument No. 690, which are on file in the office of the

    Selectmen and the Town Clerk; that said land be conveyed to said Town under the provisions of Massachusetts General Laws, Chapter 40, Section 8c, and as it may hereafter be amended and other Massachusetts Statutes relating to Conservation, to be managed and controlled by the Conservation Commission of Ashby, and the Conservation Commission be authorized to file on behalf of Ashby any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts deemed necessary under the Self-Help Act (Chapter 132A, Section 11) and/or any others in any way connected with the scope of this Article, and the Board of Selectmen and the Conservation Commission be authorized to enter into any and all agreements and execute any and all instruments as may be necessary on behalf of Ashby to affect said purchase, and further authorizing the Selectmen and the Conservation Commission as required by law or the terms and conditions of any grant for the purchase of these parcels, to grant such easements as may be appropriate for access by the owner thereof to remaining land in the Town of Ashburnham, said acquisition and all costs associated therewith to be paid for by gifts and/or grants to the Town for such acquisition.

    A motion was made and seconded to amend Article 11 by removing the words "eminent Domain or otherwise" from the article.

    After much discussion, Tellers were sworn-in by the Town Clerk. They were as follows: Bridget Cusick, Elizabeth Cameron, Sean Barnacot and Elizabeth Conway, members of the National Honor Society from North Middlesex Regional School.

    VOTE ON AMENDMENT: YEA – 137 NAYS – 111

    AMENDMENT PASSED

    VOTE TO END DEBATE: MODERATOR DECLARED 2/3’S VOTE

    TAKEN IN FAVOR

    VOTE ON ARTICLE 11: MOTION PASSED

    Article 12. The motion was made and seconded that the Town vote to raise by borrowing the sum of $250,000 for the purpose of purchasing Mt. Watatic contingent on award of grant funding.

    VOTE: MODERATOR DECLARED 2/3’S VOTE IN FAVOR TAKEN

    Article 13. The motion was made and seconded that the Town vote to amend the Town By-Laws, Article IX, Section 2, to insert the following after the second paragraph:

    "No motor boat or other motorized water craft shall be operated at any time upon the body of water known as the Willard Brook Compensating Reservoir, also known as the Ashby Reservoir, located immediately northeast of the intersection of South Road and Richardson Road, with the exception of boats powered by battery-operated electric trolling motors, at speeds no greater than 3 knots per hour. Whoever violates this by-law shall be punished by a fine of three hundred dollars per occurrence for each violation."

    A motion was made and seconded to amend Article 13.

    A motion was made and seconded to move the question.

    VOTE: MOTION CARRIED

    VOTE ON AMENDMENT: AMENDMENT DEFEATED

    VOTE ON ORIGINAL ARTICLE: MOTION PASSED

    Article 14. The motion was made and seconded that the Town approve the project to renovate and expand the Ashby Free Public Library building and to accept the preliminary design and construction plans, and further to authorize the Library Trustees to proceed with applying for, accepting, and expending any state grants which may be available for the project.

    VOTE: MOTION PASSED UNANIMOUSLY

    Article 15. The motion was made and seconded that the Town vote to accept a donation from the Ashby Congregational Church of said parcel of land and building known as "the parsonage" that abuts the Ashby Free Public Library building on the east side being the same parcel and in a deed recorded in the Middlesex County South Registry of Deeds at Book # 7064 and Page # 274 and shown on Assessors’ Map # 10 and Parcel # 31 for the purpose of expansion of the Ashby Free Public Library building.

    VOTE: MOTION PASSED UNANIMOUSLY

    Article 16. The motion was made and seconded that the Town vote to transfer care, custody and control to the Board of Selectmen for purposes of granting easements and to authorize the Board of Selectmen to grant easements in a portion of land on the Town Common, being a portion of the land acquired in a deed from Jonathan Lawrence to the Town recorded in the Middlesex County South Registry of Deeds at Book 78, Page 301, to the Tavern Realty Trust for purposes of providing driveway and pedestrian access for the public at the United States Post Office to be located on the Trust’s property including but not limited to any drainage work required, all lawful uses of said property, existing buildings or structures presently located on the said Trust’s property including the stairs and walkway to the Common Road, for the construction of an addition, not to exceed 106 square feet, extending the existing porch around the existing building on the north side of said building, and the construction of stairs from the existing porch on the south side of said building to the sidewalk on state highway Route 119, said proposed easements being shown on a plan entitled "Plan of Easement in Ashby, Massachusetts" prepared by Hannigan Engineering, Inc., dated October 26, 2000 consisting of approximately 2,166 square feet, available in the Town Clerk’s Office, said easements to include such further terms and conditions as may be determined by the Selectmen to be in the best interest of the Town including but not limited to that the building(s) footprint shall in no event exceed 6,000 square feet excluding porches and the easement shall run only to the parcel now owned by Tavern Realty as recited herein.

    A motion was made and seconded to amend the motion to add the underlined language as set forth in the Handout.

    Article 16 is printed as in Handout.

    A motion was made and seconded to end debate.

    VOTE: MOTION PASSED UNANIMOUSLY

    VOTE ON AMENDMENT: MOTION CARRIED UNANIMOUSLY

    Another motion was made and seconded to end debate.

    VOTE: MODERATOR DECLARED 2/3’S VOTE IN FAVOR.

    VOTE ON ARTICLE AS AMENDED:

    MODERATOR DECLARED 2/3’S VOTE IN FAVOR WAS TAKEN

    Article 17. The motion was made and seconded that the Town vote to authorize the Board of Selectmen to petition the General Court for special legislation as follows:

  • An Act Authorizing the Town of Ashby to Grant Easements in Certain

    Town Common and Burial Ground Land.

    Be it enacted, etc.,

    Section 1. Notwithstanding any other general or special law to the contrary, the

    Town of Ashby, acting by and through its Board of Selectmen, may grant an easement or easements in a certain parcel of land located in the center of town, which was acquired for town common and burial ground purposes in 1777, for a public access driveway, including the installation, maintenance and repair of said driveway, necessary walkways and related drainage, for the United States Post Office to be located on an adjacent parcel of land and for all other lawful uses thereof, including but not limited to the granting of a permanent easement for the encroachment, if any, of buildings and structures existing on said adjacent parcel including but not limited to the existing stairs and walkway to the common road, the extension of an existing porch around the north side of an existing building, the construction of stairs from the south side of the porch to the public sidewalk on Route 119 and such temporary easements as may be necessary to make any repairs to said buildings or structures to accommodate said Post Office, provided that no such easements shall disturb or affect the public’s right of access to the portions of said parcel of town land now being used and maintained as a town common or burial grounds.

    Section 2. This act shall take effect upon its passage.

    VOTE: MOTION CARRIED

    A motion was made and seconded to dissolve the meeting, time being 1:20 p.m., and so voted.

    Dianne M. Enus, TOWN CLERK