RESULTS OF ANNUAL TOWN MEETING

MAY 1, 1999

The warrant was returned to the Assistant Town Clerk on May 1, 1999 at 8:50 a.m. by Constable John H. Brodie.

With a quorum present, the Moderator called the meeting the order. The warrant showed it had been properly served. He thanked all town employees, elected town officials, members of committees who have been appointed, volunteers and our town administrator.

A motion was made and seconded to waive the reading of the warrant, and so voted.

 

Article 1. The motion was made and seconded to elect all other town officers not required to be on the official ballot.

VOTE ON ARTICLE: UNANIMOUS

VOTE TO CLOSE NOMINATIONS: UNANIMOUS

Article 2. The motion was made and seconded to accept the reports of the various town officials and committees as printed in the Town Report.

VOTE: UNANIMOUS

Article 3. The motion was made and seconded to authorize the Treasurer to borrow funds as necessary in anticipation of revenue.

VOTE: UNANIMOUS

Article 4.A The motion was made and seconded to raise and appropriate $284,008.15 total General Government.

VOTE: UNANIMOUS

Article 4.B The motion was made and seconded to raise and appropriate $408,114.07 for Protection of Persons & Property.

VOTE: UNANIMOUS

Article 4.C The motion was made and seconded to raise and appropriate $1,830,586.70 for the total School Budget.

The motion was made and seconded to amend Monty Reg. Voc. Tech Asmt. to read $316,295.00, to adjust the total school costs accordingly.

VOTE ON AMENDMENT: DEFEATED

VOTE ON ORIGINAL MOTION: UNANIMOUS

Article 4.D. The motion was made and seconded to raise and appropriate $320,623.15 for total Public Works & Facilities.

VOTE: UNANIMOUS

Article 4.E The motion was made and seconded to raise and appropriate $25,469.00 for Human Services.

VOTE: UNANIMOUS

Article 4.F The motion was made and seconded to raise and appropriate $39,300.00 for a total of Culture and Recreation.

A motion was made to amend article 4, Line Item 159 of the Library Budget, Library Books by substituting $6,000.00 for the $5,000.00 as written in the Annual Town Report.

VOTE ON AMENDMENT: DEFEATED

VOTE ON ORIGINAL MOTION: PASSED

 

Article 4.G The motion was made and seconded to raise and appropriate $234,591.00 for Total General Expenses.

A motion was made and seconded to amend Line Item 178 - Temporary Loan Interest from $20,000.00 to $15,000.00.

VOTE ON AMENDMENT: DEFEATED

VOTE ON ORIGINAL MOTION: PASSED

Article 5. The motion was made and seconded to raise and appropriate $10,000 for the purpose of making repairs and renovations to the Grange Hall.

VOTE: UNANIMOUS

Article 6. The motion was made and seconded to raise and appropriate the sum of $4,800 (32%), which shall be Ashby’s portion of a total of $15,000, for the purpose of making repairs and restorations to the Town Common, the balance of $10,200 (68%) to be funded by a grant from the Department of Environmental Management, subject to grant approval.

VOTE: UNANIMOUS

Article 7. The motion was made and seconded to raise and appropriate from FREE CASH the sum of $2,600 for the purpose of restoration of the faces of the Town Clock.

VOTE: UNANIMOUS

Article 8. The motion was made and seconded to appropriate from Fiscal Year 98 additional Lottery, $20,622.00, the Town’s portion of the purchase and equipping of a new 4-wheel drive replacement police cruiser, the remaining funding in the amount of $8,500 to be supplied by a grant.

A motion was made and seconded to amend article 8 of the Fiscal Year 2000 Ashby Annual Budget by substituting the sum of $10,622.00 for the requested $20,622.00.

VOTE ON AMENDMENT: DEFEATED

VOTE ON ORIGINAL MOTION: UNANIMOUS

Article 9. The motion was made and seconded to transfer $5,700.00 from the cemetery perpetual care interest account for the purpose of defraying the cost of the cemetery budget.

VOTE: UNANIMOUS

Article 10. The motion was made and seconded to accept the following sums in trust; the income therefrom to be expended for the perpetual care of lots; and change the figure of $150.00 listed for Emile J. & Barbara A. Ouellette to $250.00.

Glenwood Cemetery

         
Amount Name Ave. Lot Section
         
$ 100.00 Mark J. Haven B 25 Lyman
$ 150.00 Shaun P. & Elaine M. Kielty C 3R Lyman
$ 150.00 Emile J. & Barbara A. Ouellette B 27 Lyman
$ 150.00 Leonce J. & Elizabeth J. Michaud B 28 Lyman
         
         
 
 
 
 
 

West Cemetery

         
Amount Name Ave Lot Section
         
$ 150.00 June M. Fors 3rd 157R II
$ 250.00 Lillian A. Wheeler 1st 105 II
$ 100.00 Toby Schaefer 3rd 180 II

VOTE: UNANIMOUS

Article 11. The motion was made and seconded to amend the Town Bylaws, Article VI, Section 6, to delete "$5000" and insert "$10,000".

VOTE: UNANIMOUS

Article 12. The motion was made and seconded to amend the Town By-laws, Article I, Section 4 to change the amount of the fine to $300 per occurrence.

VOTE: UNANIMOUS

Article 13. The motion was made and seconded to amend the Town By-laws, Article IV, Section 5 to add the words "or Town Administrator" immediately after the words "Town Accountant".

A motion was made and seconded to amend article 13 to read ":and/or" Town Administrator.

VOTE ON AMENDMENT: UNANIMOUS

VOTE ON ORIGINAL MOTION: UNANIMOUS

Article 14. The motion was made and seconded to appropriate from FREE CASH the sum of $500.00 for the purpose of reimbursing EMS personnel for lost time from their regular employment if summoned to a legal proceeding resulting from an emergency call.

VOTE: UNANIMOUS

 

 

Article 15. The motion was made and seconded to accept the provisions of Chapter 59, Section 5, Clause 37A, providing for certain tax exemptions for blind persons, or take any action thereon.

VOTE: UNANIMOUS

Article 16. The motion was made and seconded to appropriate from FREE CASH the sum of $3,000.00 for EMS Director Salary.

VOTE: UNANIMOUS

Article 17. The motion was made and seconded to appropriate FREE CASH the sum of $3,000.00 for Communications Director Salary.

VOTE: UNANIMOUS

Article 18. The motion was made and seconded to appropriate from FREE CASH the sum of $84,000 for the first payment, and to raise and appropriate the sum of $84,000 by borrowing for the second payment, of a two-year commitment of $168,000 for the purpose of purchasing a new Fire Engine to replace Engine 1.

VOTE: UNANIMOUS

Article 19. The motion was made and seconded to set up a Revolving Fund under Chapter 44, Sec. 53E 1/2, as required by the grant providing the funds to be established to utilize monies collected from the sale of compost bins.

VOTE: UNANIMOUS

Article 20. The motion was made and seconded to authorize the Board of Selectmen and the Board of Health to enter into a multi-year contract with a firm for the purpose of providing disposal, recycling, and/or management services, of a transfer station at the landfill site on such terms and conditions as are in the best interest of the Town.

A motion was made and seconded to indefinitely postpone this article.

VOTE: UNANIMOUS

A motion was made and seconded to reconsider article 19.

VOTE: UNANIMOUS

Article 19 was then read as printed in the warrant.

VOTE: UNANIMOUS

Article 21. The motion was made and seconded to refill the sixth position on the Highway Department with wages of $21,915.60 and to vote set amount from FREE CASH.

VOTE: UNANIMOUS

Article 22. The motion was made and seconded to appropriate from FREE CASH the sum of $15,000.00 for the purpose of purchasing pugmill paving mix.

VOTE: UNANIMOUS

Article 23. The motion was made and seconded to renumber the zoning bylaw sequentially.

VOTE: UNANIMOUS

Article 24. The motion was made and seconded to amend the zoning bylaw by adding a new section as follows:

4.2.7 Not less than seventy-five (75) percent of the minimum frontage distance shall be maintained for the minimum setback or for the front yard depth, whichever is greater, as measured perpendicular to the lot lines.

VOTE: YES - 50 NO - 1 PASSED

Article 25. The motion was made and seconded to amend the zoning bylaw as follows:

Delete the word "common" from section 4.3 and section 4.33 of the Zoning Bylaw and following the word "length" add the words "unless a special permit has been granted by the Planning Board".

VOTE: YES - 59 NO - 51 MOTION DEFEATED

Article 26. The motion was made and seconded to renumber section 5.13 to 5.29 of the zoning bylaw such that "Nursing home", etc. becomes a special permit use in the residential district.

VOTE: YES - 50 NO - 1 MOTION PASSED

Article 27. The motion was made and seconded to amend the Town Bylaws, Article X, by adding a new Section 5, as follows:

  • Street Number

    Each dwelling or business establishment shall display their street number in numerals no less than three (3) inches in height on a post, sign, mail box or other suitable device adjacent to the road right of way. Structures within seventy-five (75) feet of the right of way may display the address number on the structure in numerals no less than four (4) inches in height. Violators shall be notified in writing and shall be given thirty days to correct the offense prior to enforcement of this provision.

  • A motion was made and seconded to amend article 27, second line after the word numerals, to insert "in contrasting colors."

    VOTE ON AMENDMENT: PASSED

    VOTE ON ORIGINAL MOTION: PASSED

    Article 28. The motion was made and seconded to accept the lay out of the way known as Wilder Road as shown on a plan entitled "As Built Street Acceptance Plan, Ashby, MA, September 1998, prepared for Mark L. Truitt which is on file in the Town Clerk’s Office.

    A motion was made and seconded to amend article 28, following the words "Town Clerk’s Office", add the words "said road to be named Lawrence Road upon acceptance."

    A motion was made and seconded to amend article 28 to read "said road to be named Candlewick Drive upon acceptance."

    VOTE ON AMENDMENT FOR CANDLEWICK DRIVE: PASSED

    VOTE ON AMENDMENT FOR LAWRENCE DRIVE: DEFEATED

    VOTE ON ORIGINAL MOTION: UNANIMOUS

    Article 29. The motion was made and seconded to accept the lay out of the way known as Nash Road as shown on a plan entitled "As Built Street Acceptance Plan in Ashby, Massachusetts, September 1998, prepared for ANSAC Corporation" which is on file in the Town Clerk’s Office.

    VOTE: UNANIMOUS

    Article 30. The motion was made and seconded to accept the lay out of the way known as Mill Creek Drive as shown on a plan entitled "Definitive Plan, Village at Mill Creek, prepared for Juha Parkkonen, revised 12/12/97 and 12/17/98" which is on file in the Town Clerk’s Office.

    VOTE: PASSED

    Article 31. The motion was made and seconded to accept the lay out of the way known as Stone Brook Drive as shown on a plan entitled "Definitive Plan, Village at Mill Creek, prepared for Juha Parkkonen, revised 12/12/97 and 12/17/98" which is on file in the Town Clerk’s Office.

    VOTE: PASSED

    A motion was made and seconded to reconsider article 30.

    VOTE: PASSED

    Reconsideration would be to amend what is written to make it Mill Creek Road instead of Mill Creek Drive.

    VOTE: UNANIMOUS

    Article 32. The motion was made and seconded to accept the lay out of the way known as Page Road as shown on a plan entitled "Definitive Plan, Village at Mill Creek, prepared for Juha Parkkonen, revised 12/12/97 and 12/17/98" which is on file in the Town Clerk’s Office.

    VOTE: UNANIMOUS

    Article 33. To see if the Town will vote to discontinue a portion of the town way known as Watatic Mountain Road from a point two thousand and seventy-five (2,075) feet from its intersection with Bennett Road to its terminus.

    VOTE: UNANIMOUS

    Article 34. The motion was made and seconded to discontinue the way known as Caswell Road.

    VOTE: UNANIMOUS

    Article 35. The motion was made and seconded to add the words "by the Planning Board" following the word "granted" in section 4.5.

    VOTE: UNANIMOUS

    Article 36. The motion was made and seconded to replace the word "corner" with the word "center" in section 5.331.

    VOTE: UNANIMOUS

    Article 37. The motion was made and seconded to appropriate from FREE CASH the sum of $15,000 for renovations to the Lyman Building.

    VOTE: UNANIMOUS

    Article 38. To see if the Town will vote to raise and appropriate $2,490.33 to the Stabilization Fund.

    VOTE: UNANIMOUS

    Article 39. The motion was made and seconded to direct the Selectmen to petition the United States Postal Service to construct a new Post Office in the Town of Ashby for the convenience of its citizens in the area of the town to be determined by this meeting.

    A motion was made and seconded to divide article 39 in two parts,

    1- to direct the Selectmen to petition the United States Postal Service to construct a new Post Office in the Town of Ashby for the convenience of its citizens in the area of the town to be determined by this meeting.

    2- Areas

    VOTE: UNANIMOUS

    A motion was made and seconded to indefinitely postpone this article.

    VOTE: DEFEATED

    VOTE ON ORIGINAL MOTION: PASSED

    An amendment was made and seconded to restrict discussion to the three sites being discussed.

    VOTE: YES - 48 NO - 29 PASSED

    A motion was made and seconded to vote sequentially on the three sites in question by a standing vote, one for Parcel A.; one for Parcel B, and one for Parcel C.

    VOTE: PASSED

    VOTE ON "A" 851 MAIN STREET 66

    VOTE ON "B" 1.36 ACRES 14

    VOTE ON "C" ACROSS FROM THE SCHOOL,

    BOB HIGGINS-STEELE’S PROPERTY 29

    A motion was made and seconded to adjourn this meeting, time being 1:53 p.m., and so voted.

    Dianne M. Enus, TOWN CLERK