Special Town Meeting Minutes 02/20/2018

Town of Otis, Massachusetts

Special Town Meeting Minutes

February 20, 2018

 

Selectperson: William Hiller Chair, Donald Hawley, Gary Thomas

Finance Board: Michael Ernst Chair, Therese Gould

Moderator: Blake Middleton

Town Clerk: Lyn O’Brien

Town Administrator: Rebecca Stone

Board of Registrars: Marjorie Middleton, Jill Moretz, Emily Piacquadio

 

Total Registered Voters: 1122

Total Registered Voters in Attendance: 48

 

The Moderator called the meeting to order at 7:01 pm at the Otis Town Hall.

 

The Moderator asked everyone to stand for the Pledge of Allegiance.

 

The Moderator asked everyone to shut off their cell phones.  He requested voters stand and use the microphone during discussion.  He also announced the meeting was being recorded.

 

The Moderator announced a quorum was present of at least 15 registered voters.

 

The Moderator introduced our new Town Administrator, Rebecca Stone.

 

A motion was made to dispense with the reading of the warrant and proceed to act on Article 1.

The motion was seconded.

The motion passed.

 

ARTICLE 1: To see if the Town will vote to establish a Stabilization Fund for the Farmington River Regional School District, in accordance with M.G.L. Chapter 71, Section 16G1/2, as recently amended, for the purpose of funding capital maintenance expenditures for the Farmington River Regional Elementary School. The Treasurer of the Regional School District shall be the custodian of such fund.

A motion was made to accept Article 1.

The motion was seconded.

There was no discussion.

Article 1 passed.

 

ARTICLE 2: To see if the Town will vote to expend the sum of $134.14 to pay a FY2017 invoice to the Berkshire Eagle and to take said sum from free cash.

A motion was made to accept Article 2.

The motion was seconded.

There was no discussion.

Article 2 passed.

 

ARTICLE 3: To see if the Town will vote to expend the sum of $60.77 to pay an FY2017 invoice to Quill and to take said sum from free cash.

A motion was made to accept Article 3.

The motion was seconded.

There was no discussion.

Article 3 passed.

 

ARTICLE 4:  To see if the Town will vote to transfer the sum of $125,419.42 to pay the Fiscal Year 2017 Wind Turbine Bond payment and to take said sum from Fund 32; which is funding that has not been spent from the $400,000.00 appropriated at the Special Town Meeting on February 27, 2013.

A motion was made to accept Article 4.

The motion was seconded.

There was no discussion.

Article 4 passed.

 

ARTICLE 5:  To see if the Town will vote to expend the sum of $20,000.00 to fund the Fiscal Year 2018 Operations and maintenance costs for the Otis Fiber Broadband MLP account and to take said sum from free cash.

A motion was made to accept Article 5.

The motion was seconded.

There was no discussion.

Article 5 passed.

 

ARTICLE 6: To see if the Town will vote to transfer the sum of $31,000.00 to pay for the Deductible Health Plan coverage for Fiscal 2018 for Town employees and to take said sum from free cash.

A motion was made to accept Article 6.

The motion was seconded.

There was no discussion.

Article 6 passed.

 

ARTICLE 7: To see if the Town will authorize the Board of Selectmen to petition the Legislature to enact Legislation as follows, provided that the Legislature may reasonably vary from the form and substance of the requested legislation within the scope of the general public objectives of this petition:

 

An Act Relative to the Sale of Alcoholic Beverages in the Town of Otis

Be it enacted by the Senate and House of Representatives in General Court assembled and by the authority of same as follows:

 

SECTION 1: Notwithstanding Section 17 of Massachusetts General Laws Chapter 138, the local licensing authority of the Town of Otis may grant one additional license for the sale of all alcoholic beverages to be drunk off the premises, pursuant to Section 15, Chapter 138, to Papa’s Healthy Food and Fuel, East Otis, Massachusetts. The license shall be subject to all of said Chapter 138 except said section 17.

The licensing authority shall not approve the transfer of the license to any other location but it may grant the license to a new applicant at the same location if the applicant files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid.

 

If the license granted under this section is cancelled, revoked or no longer in use at the location of original issuance, it shall be returned physically with all legal rights, privileges and restrictions pertaining thereto to the licensing authority which may then grant the license to a new applicant at the same location under the same conditions as specified in this act.

 

SECTION 2: This act shall take effect upon its passage.

A motion was made to accept Article 7

The motion was seconded.

There was no discussion.

Article 7 passed.

 

ARTICLE 8:   To see if the Town will vote to amend the Zoning Bylaw by amending Section 5.2.2, Section 5.2.4, and Section 5.2.6 and by adding Section 5.2.7 and Section 5.2.8 with the following language:     

 

5.2 SIGNS

5.2.2 Temporary Signs.  Temporary signs which do not comply with this By-Law may be authorized by the Zoning Enforcement Officer for special events.  The Zoning Enforcement Officer may, at their discretion, require the posting of a bond or cash deposit large enough to cover the cost of removal of temporary signs if such signs are not removed promptly after termination of the advertised event by the sponsors.

 

5.2.4 Abandoned Signs. Any sign which has been abandoned or advertises any product which is no longer sold, or any activity which is no longer carried on must be removed within thirty (30) days by the owner of the premises after notice to that effect from the Zoning Enforcement Officer.

 

5.2.6 Signs Authorized by Special Permit.

The following signs may be displayed with a Special Permit from the Zoning Board of Appeals:

  1. On property in R-40 Residential devoted to use authorized by Special Permit, one sign not exceeding six (6) square feet in total area.

 

  1. Within the V-1 Village district, each business is permitted two (2) signs not to exceed twenty-four (24) square feet in total combined area. Signs may be freestanding or attached flat against the wall of the building.  Freestanding signs may not exceed eighteen (18) square feet.

 

  1. On multiple business use lots there is permitted one (1) directory sign per lot not exceeding twenty-four (24) square feet in area for all business establishments or uses on the lot, and not exceeding twelve (12) square feet for any one business establishment or use on the lot.

 

5.2.7    Billboards are Prohibited.

 

5.2.8    Political Signs. The following is the Town of Otis policy on political sign location, size and duration:

  1. LOCATION: Political signage shall not be located within a public way layout or on Town-owned property except as follows:
  2. Exceptions on Private Property

Political signage may be placed on private property, along a public way provided that:

  1. The sign is placed a minimum of ten (10) feet back from the edge of pavement for the public way and any sidewalk, and
  2. The owners of the subject private property allows placement of the signage, and
  3. The signage does not impede the travel of pedestrians.

 

  1. Exceptions on Town-Owned Property

 Political signage may be placed on town owned property providing that:

  1. The sign is placed a minimum of one hundred fifty (150) feet away from any polling entrance and shall be removed immediately after the polls close. The sign shall not block vehicular traffic, the progress of pedestrians or existing signs.
  2. ONE SIGN per candidate is permitted on the grassy island at the intersection of Becket Road and East Otis Road, also known as Route 23, provided that the signs are placed so they do not impede the view of drivers on the adjacent public ways or block existing signs or impede pedestrians.

 

  1. TIME FRAME OF DISPLAY: Political signs may be erected forty-five (45) days prior to the election and are to be removed within two days after the election except as noted above for polling places.

 

  1. SIZE OF SIGNS: Political signs may not exceed three (3) square feet of total area and the top of political signs may not exceed thirty-two (32) inches in height from virgin ground below.

 

Due to the length of Article 8, a motion was made to pass over the reading of this Article.

The motion was seconded.

The article was not read.

Discussion:  Signs: The reason for the sign bylaw is to conform all the signs in town to have the same regulated format. The sign permits in the past had size discrepancies.  This size is more reasonable and fair for businesses. Political Signs: A resident asked if this is a change?  The Town Clerk explained this is to clarify questions that arise regarding where political signs can go and how long can they stay displayed.

A motion was made to accept Article 8.

The motion was seconded.

Discussion: Signs: Will businesses be grandfathered?  This will be for business going forward that need new signs.   Political Signs: A resident stated she lives in a wooded area and the sign would be hidden if it was ten feet off the pavement.

A motion was made to amend Article 8 to eliminate the text in section 5.2.8, 1. LOCATION, Section 1A.

The motion was seconded.

Discussion: A resident suggested changing it to 5 feet.

The amendment failed.  Yes 17, No 22

Article 8 passed

 

A motion was made to adjourn the meeting.

The motion was seconded.

The meeting adjourned at 7:30 pm.

 

Respectfully submitted,

 

Lyn O’Brien, Town Clerk