COMMONWEALTH OF MASSACHUSETTS
RESULTS OF SPECIAL TOWN ELECTION
JANUARY 29, 2002
The warrant was returned to the Town Clerk on Tuesday, January 29, 2002 at 11:27 AM by Constable William Davis.
Election officers on duty and duly sworn in were as follows: Bertha Tiilikkala, Betty Ann Tiilikkala, Edna Jamnback, Leona Sanford, Waldemar Tiilikkala and Andrew Gosnell.
The Polls opened at 12:00 noon.
QUESTION NO. 1
YES 215
NO 475
TOTAL BALLOTS CAST 690
The polls closed at 7:30 PM.
Tellers on duty and duly sworn in were as follows: Ann Seymour, Nancy Peeler, Joyce Hopkins, Deborah Pillsbury, Elaine Kielty, Shaun Kielty, Seth Hopkins and Richard Catalini.
At the close of the polls the ballot box read 690 voters had cast a ballot; the checkers’ tally sheets read 690 voters had cast a ballot.
COMMONWEALTH OF MASSACHUSETTS
TOWN WARRANT
APRIL 22, 2002
Middlesex, ss:
TO: Constable of the Town of Ashby:
In the name of the Commonwealth, you are hereby directed to notify and warn the inhabitants of the Town of Ashby, qualified to vote in elections and town affairs, to meet at the Ashby Elementary School Auditorium in said Ashby, Monday, the twenty-second day of April, next at 7:00 AM, to give their votes on one ballot for the following officers and question:
SELECTMAN, Three Years
ASSESSOR, Three Years
BOARD OF HEALTH, Three Years
PLANNING BOARD, Five Years
CEMETERY COMMISSIONER, Three Years
PARK COMMISSIONER, Three Years
PARK COMMISSIONER, Two Years
3 LIBRARY TRUSTEES, Three Years
TREE WARDEN, One Year
3. REGIONAL SCHOOL DISTRICT COMMITTEE
NORTH MIDDLESEX, Three Years
QUESTION 1.
Shall the Town of Ashby accept sections 3 to 7, inclusive of chapter 44B of the General Laws, as approved by its legislative body, a summary of which appears below?
YES__________ NO__________
Sections 3 to 7 of Chapter 44B of the General Laws of Massachusetts, also known as the Community Preservation Act (Act), establish a dedicated funding source to enable cities and towns to (1) acquire open space, which includes land for park and recreational uses and the protection of public drinking water well fields, aquifers and recharge areas, wetlands, farm land, forests, marshes, beaches, scenic areas, wildlife preserves and other conservation areas, (2) acquire and restore historic buildings and sites, and (3) create affordable housing.
In the Town of Ashby, the funding source for these community preservation purposes will be a surcharge of 3 % on the annual property tax assessed on real property and annual distributions made by the state from a trust fund created by the Act. If approved, the following will be exempt from the surcharge: (1) property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the Town of Ashby, as defined in Section 2 of said Act; (2) $100,000 of the value of each taxable parcel of residential real property. A taxpayer receiving a regular property tax abatement or exemption will also receive a pro rata reduction in surcharge.
A Community Preservation Committee will be established by by-law to study community preservation resources, possibilities and needs and to make annual recommendations to the town meeting on spending the funds. At least 10% of the funds for each fiscal year will be spent or reserved for later spending on each of the Act's three community preservation purposes: (1) open space, (2) historic resources and (3) affordable housing.
The polls will be open at 7:00 AM and shall close at 8:00 PM.
And you are hereby directed to serve this warrant by posting an attested copy in three (3) public places in said Ashby at least seven days before holding of said election.
Hereof, fail not, and make due return of this warrant with your doings thereon, to the Town Clerk at the time and place of election aforesaid.
Given under our hands this ______________ day of March 2002.
|Michael McCallum |Janet Flinkstrom |Peter McMurray |
|Chair | | |
ASHBY BOARD OF SELECTMEN
By virtue of this precept, I have posted three (3) attested copies of the foregoing warrant in Three (3) public places in said Ashby seven days at least before time of said Annual Town Election.
DATE:
William A. Davis
CONSTABLE OF ASHBY
RESULTS OF ANNUAL TOWN ELECTION
APRIL 22, 2002
The warrant was returned by Constable William Davis at 6:54 AM on Monday,
April 22, 2002.
Election officers on duty and duly sworn in were as follows: Bertha Tiilikkala, Betty Ann Tiilikkala, Edna Jamnback, Leona Sanford, Anne Hayes, Waldemar Tiilikkala and Andrew Gosnell.
The polls opened at 7:00 AM.
The following is a list of candidates and the votes and blanks each received as they appeared on the official ballot.
VOTES
|SELECTMAN, Three years | |
|Michael McCallum |338 |
|Gerard Houle |346 |
|All others |2 |
|Blanks |15 |
|Total ballots cast |701 |
| | |
|ASSESSORS, Three years | |
|Dona Sue LaRue |523 |
|All others |3 |
|Blanks |175 |
|Total ballots cast |701 |
| | |
|BOARD OF HEALTH, Three years | |
|Mary Krapf |519 |
|All others |7 |
|Blanks |175 |
|Total ballots cast |701 |
| | |
|PLANNING BOARD, 5 years | |
|Alan W. Pease |558 |
|All others |1 |
|Blanks |142 |
|Total ballots cast |701 |
| | |
|CEMETERY COMMISSIONER, 3 years | |
|Raymond Wilkinson |575 |
|All others |3 |
|Blanks |123 |
|Total ballots cast |701 |
| | |
| | |
| | |
|PARK COMMISSIONER, Three years | |
|Peter McMurray |581 |
|All others |0 |
|Blanks |120 |
|Total ballots cast |701 |
| | |
|PARK COMMISSIONER, Two years | |
|Stephanie B. Lammi |550 |
|All others |2 |
|Blanks |149 |
|Total ballots cast |701 |
| | |
|LIBRARY TRUSTEES, Three years | |
|Dwight F. Horan |428 |
|Nancy L. Catalini |515 |
|Helen Dyer |34 |
|Alice Bauman |20 |
|All others |0 |
|Blanks |0 |
|Total votes cast |997 |
|Total ballots cast |701 |
| | |
|TREE WARDEN, One year | |
|Derek Saari |543 |
|All others |31 |
|Blanks |127 |
|Total ballots cast |701 |
| | |
|REGIONAL SCHOOL DISTRICT | |
|COMMITTEE NORTH MIDDLESEX, Three years | |
|Anne E. Buchholz |363 |
|Theresa A. Morse |435 |
|LisaMarie Proctor |368 |
|All others |0 |
|Blanks |0 |
|Total votes cast |1166 |
|Total ballots cast |701 |
| | |
|QUESTION 1 | |
|Yes |250 |
|No |416 |
|Blanks |35 |
|Total ballots cast |701 |
The polls closed at 8:00 PM
Tellers on duty and duly sworn in were as follows: Nancy Peeler, Deborah Pillsbury, Pamela Peeler, Joan Hatcher, Joyce Hopkins, Richard Catalini, Dennis Moore and Michael Bigwood.
At the close of the polls the ballot box read 701 voters had cast a ballot: the checker's tally sheet read 701 voters had cast a ballot.
Lorraine Pease, Town Clerk
Commonwealth of Massachusetts
Special Town Meeting
Middlesex, ss:
To: Constable of the Town of Ashby in said County:
Greeting:
In the name of the Commonwealth, you are hereby directed to notify and warn the inhabitants of the Town of Ashby, qualified to vote in elections and town affairs, to meet at the Elementary School Auditorium in said Ashby, Saturday, May 4, 2002 at 9:30 a.m. to act on the following articles:
SPECIAL TOWN MEETING ARTICLES
Article 1. To see if the Town will vote to appropriate from available funds the sum of $117,914.93, Chapter 90 bond issues, to be used by the Highway Department in accordance with the General Laws, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 2. To see if the Town will vote to transfer the sum of $2,586.10 from free cash to the EMS Expense account for the purpose of paying EMS expenses, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 3. To see if the Town will vote to transfer the sum of $2,500 from free cash to the EMT Wages account for the purpose of paying EMT wages, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 4. To see if the Town will vote to transfer the sum of $6,077.39 from free cash to the Prior Year Bills account for the purpose of paying advanced life support services to Patriot Ambulance, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 5. To see if the Town will vote to transfer the sum of $7,200 from free cash to the Solid Waste Management account for the purpose of paying for curbside pickup, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 6. To see if the Town will vote to transfer the sum of $2,000 from Veterans Benefit Expense to the Town Office Maintenance account for the purpose of paying for furnace repairs, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 7. To see if the Town will vote to transfer the sum of $8,000 from the Carriage Shed Renovation account to the Town Common Maintenance account for the purpose of paying for bandstand repairs, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 8. To see if the Town will vote to raise and appropriate by borrowing the sum of $8,000 for the purpose of paying for Carriage Shed Renovations and to authorize the Selectmen to execute any and all instruments including an Historic Preservation Restriction as may be necessary for such grant and/or reimbursements, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 9. To see if the Town will vote to transfer the sum of $3,500 from free cash to the Technology and Systems account for the purpose of paying data cabling and computer equipment, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 10. To see if the Town will vote to transfer the sum of $1,000 from the Veterans Benefit Expense account to the Town Common Maintenance account for the purpose of paying for tennis court repairs, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 11. To see if the Town will vote to transfer the sum of $4,500 from the Town Office Clerical account and $1,000 from the Veterans Benefit Expense account to the Town Office Maintenance account for the purpose of purchasing a copy machine, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 12. To see if the Town will vote to transfer the sum of $150 from the Street Numbering and Map expenses account to the Planning Board expense account for the purpose of paying for planning board expenses, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 13. To see if the Town will vote to transfer the sum of $4,200 from free cash to the Tree Warden expense account for the purpose of matching a grant to prune trees at Glenwood Cemetery, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 14. To see if the Town will vote to transfer care, custody and control to the Board of Selectmen for purposes of granting preservation restrictions and to authorize the Board of Selectmen to grant preservation restrictions on a certain real property with improvements known as the Ashby Town Horse and Carriage Shed, thereon as described in a deed dated 1770 from Jonathan Lawrence, recorded in the Middlesex Country South Registry of Deeds, Book 78, Page 301, and which is located at the Ashby Town Common, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 15. To see if the Town will vote to establish a revolving account according to the Massachusetts General Laws, Chapter 44, Section 53e ½ for the purpose of collecting and paying for Solid Waste Management curbside pickup services, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
And you are hereby directed to serve this warrant by posting an attested copy in at least three (3) public places in said Ashby fourteen (14) days at least before holding of said meeting. Hereof, fail not, and make due return of this warrant with your doings thereon, to the Town Clerk at the time and place of meeting aforesaid.
Given under our hands this __________day of __________, 2002.
|Michael McCallum, |Janet Flinkstrom, |Peter McMurray, |
|Chair |Procurement |Clerk |
ASHBY BOARD OF SELECTMEN
By virtue of this precept, I have posted three (3) attested copies of the foregoing warrant in three (3) public places in said Ashby at least fourteen days before the time of said Special Town Meeting.
Date: William Davis
Constable of Ashby
RESULTS OF SPECIAL TOWN MEETING
MAY 4, 2002
The warrant was returned to the Town Clerk by Constable William Davis At 9:00 AM.
With a quorum present, the Moderator Peter Rourke called the meeting to order at 9:30 AM. The rules of the meeting were read. The warrant showed it had been properly served.
The motion was made and seconded to waive the reading of the warrant, and so voted.
The Moderator recognized the former Selectman Michael McCallum for his 2 years of service as a member of the Finance Committee and 9 years on the Board of Selectmen.
The moderator then welcomes Selectman Gerard Houle to the Board of Selectmen.
The motion was made and seconded to allow the moderator to declare a two-thirds vote, and so voted.
Article 1. The motion was made and seconded to appropriate from available funds the sum of $117,914.93, Chapter 90 bond issues, to be used by the Highway Department in accordance with the General Laws.
VOTE: UNANIMOUS
Article 2. The motion was made and seconded to transfer the sum of $2,586.10 from free cash to the EMS Expense account for the purpose of paying EMS expenses.
VOTE: UNANIMOUS
Article 3. The motion was made and seconded to transfer the sum of $2,500 from free cash to the EMT Wages account for the purpose of paying EMT wages.
VOTE: UNANIMOUS
Article 4. The motion was made and seconded to transfer the sum of $6,077.39 from free cash to the Prior Year Bills account for the purpose of paying advanced life support services to Patriot Ambulance.
VOTE: UNANIMOUS
Article 5. The motion was made and seconded to transfer the sum of $7,200 from free cash to the Solid Waste Management account for the purpose of paying for curbside pickup.
VOTE: UNANIMOUS
Article 6. The motion was made and seconded to transfer the sum of $2,000 from Veterans Benefit Expense to the Town Office Maintenance account for the purpose of paying for furnace repairs.
VOTE: PASSED
Article 7. The motion was made and seconded to transfer the sum of $8,000 from the Carriage Shed Renovation account to the Town Common Maintenance account for the purpose of paying for bandstand repairs.
VOTE: UNANIMOUS
Article 8. The motion was made and seconded to postpone Article 8 indefinitely.
VOTE: UNANIMOUS
Article 9. The motion was made and seconded to transfer the sum of $3,500 from free cash to the Technology and Systems account for the purpose of paying data cabling and computer equipment.
VOTE: UNANIMOUS
Article 10. The motion was made and seconded to transfer the sum of $1,000 from the Veterans Benefit Expense account to the Tennis Court Expense account for the purpose of paying for tennis court repairs.
VOTE: UNANIMOUS
Article 11. The motion was made and seconded to transfer the sum of $4,500 from the Town Office Clerical account and $1,000 from the Veterans Benefit Expense account to the Town Office Maintenance account for the purpose of purchasing a copy machine.
VOTE: UNANIMOUS
Article 12. The motion was made and seconded to transfer the sum of $150 from the Street Numbering and Map expenses account to the Planning Board expense account for the purpose of paying for planning board expenses.
VOTE: UNANIMOUS
Article 13. The motion was made and seconded to transfer the sum of $4,200 from free cash to the Tree Warden expense account for the purpose of matching a grant to prune trees at Glenwood Cemetery.
VOTE: PASSED
Article 14. The motion was made and seconded to transfer care, custody and control to the Board of Selectmen for purposes of granting preservation restrictions and to authorize the Board of Selectmen to grant preservation restrictions on a certain real property with improvements known as the Ashby Town Horse and Carriage Shed, thereon as described in a deed dated 1770 from Jonathan Lawrence, recorded in the Middlesex County South Registry of Deeds, Book 78, Page 301, and which is located at the Ashby Town Common.
VOTE: PASSED
DECLARED BY MODERATOR
Article 15. The motion was made and seconded to establish a revolving account according to the Massachusetts General Laws, Chapter 44, Section 53e ½ for the purpose of collecting and paying for Solid Waste Management curbside pickup services.
VOTE: UNANIMOUS
The motion was made and seconded to dissolve the Special Town Meeting, and so voted.
Lorraine Pease
ASHBY TOWN CLERK
Commonwealth of Massachusetts
Annual Town Meeting
Middlesex, ss:
To: Constable of the Town of Ashby in said County:
Greeting:
In the name of the Commonwealth, you are hereby directed to notify and warn the inhabitants of the Town of Ashby, qualified to vote in elections and town affairs, to meet at the Elementary School Auditorium in said Ashby, Saturday, May 4, 2002 at 9:30 a.m. to act on the following articles:
ANNUAL TOWN MEETING ARTICLES
Article 1. To see if the Town will vote to elect all other town officers not required to be on the official ballot.
Finance Committee action: √ Approved Disapproved No Action
Article 2. To see if the Town will vote to hear the reports of the various town officials and committees.
Finance Committee action: √ Approved Disapproved No Action
Article 3. To see if the Town will vote to authorize the Treasurer to borrow funds as necessary in anticipation of revenue, in accordance with Chapter 44, Sections 23 to 27 of the Massachusetts General Laws, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 4. To see if the Town will vote to accept the following sums in trust; the income therefrom to be expended for the perpetual care of lots as follows:
|Glenwood Cemetary |
| | | | | |
|Amount |Name |Ave |Lot |Section. |
| | | | | |
|$ 150.00 |Faith E. Antilla |B |12R |Lyman |
|$ 100.00 |Gertrude Fields |B |33 |Lyman |
|$ 100.00 |Patricia Baron |B |32 |Lyman |
|$ 150.00 |Michael McCallum |B |13R |Lyman |
|$ 100.00 |Rollo Tucker |B |14R |Lyman |
|$ 250.00 |Sally Tracy |C |19 |Lyman |
|$ 325.00 |Larry Swope |B |30, 31 |Lyman |
|$ 200.00 |Janice Ouelette |C |20 |Lyman |
|$ 500.00 |Lori Rainville |C |24 |Lyman |
|$ 250.00 |Gary Beals |C |22 |Lyman |
|$ 150.00 |Lorraine Pease |B |15 |Lyman |
|$ 100.00 |Edward Hassett |B |16R |Lyman |
|$ 100.00 |Arnold Suokko |B |18R |Lyman |
|$ 200.00 |Brenda J. Annan |C |23 |Lyman |
| | | | | |
| | | | | |
|West Cemetery |
| | | | | |
|Amount |Name |Ave. |Lot |Section |
|$ 500.00 |Edith Cronin |3 rd |179 |II |
|$ 150.00 |Linda Kari Olkkola |3 rd |183R |II |
|$ 150.00 |Dona Sue LaRue |3 rd |180 |II |
|$ 350.00 |Eileen Mason |3 rd |181 |II |
|$ 250.00 |Louise Philbrick |3 rd |182 |II |
|$ 250.00 |Dave Philbrick |3 rd |184 |II |
|$ 100.00 |Donald Beals |3 rd |185R |II |
|$ 250.00 |Ada Philbrick |3 rd |187 |II |
|$ 100.00 |Tracy Bitondo |3 rd |186 |II |
or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 5. To see if the Town will vote to raise and appropriate the sums of money necessary to defray charges and expenses of the Town for the ensuing fiscal year (FY2003) beginning July 1, 2002 and ending June 30, 2003, and to fix the salaries of all elected officials, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 6. To see if the Town will vote to appropriate the sum of $74,846.58 from free cash in order to defray charges and expenses of the Town for the ensuing fiscal year (FY2003) beginning July 1, 2002 and ending June 30, 2003, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 7. To see if the Town will vote to authorize the transfer the sum of $4,047.11 to the Ashby Elementary School, which are interest amounts from the following accounts to be used for the Ashby students as follows:
Sumner Taylor School Fund $ 446.00
Samuel P. Gates School Fund $3,393.13
Jesse Foster School Fund $ 207.98
$4,047.11,
or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 8. To see if the Town will vote to appropriate the sum of $20,000 from free cash to the Solid Waste Management account for the purpose of paying for solid waste disposal services, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 9. To see if the Town will vote to appropriate the sum of $1,000 from free cash for the purpose of paying an EMS Assistant Director Stipend, or take any action thereon.
Finance Committee action: Approved √ Disapproved No Action
Article 10. To see if the Town will vote to appropriate the sum of $19,174 for the purpose of paying for a full time Fire Chief position, or take any action thereon.
Finance Committee action: Approved √ Disapproved No Action
Article 11. To see if the Town will vote to transfer the care, custody, maintenance and control of a portion of the parcel of land described below from the Parks Department to the Board of Selectmen for the purposes of the sale of land located on West Road and is described in a deed recorded with the Middlesex South District Registry of Deeds in Book 5618 Page 124 dated December 19, 1931; and further, to see if the Town will vote to authorize the Board of Selectmen to petition the Massachusetts General Court to approve the change in use of a portion of said land for the purpose stated herein pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, or take any other action relative thereto.
Finance Committee action: Approved √ Disapproved No Action
Article 12. To see if the Town will vote to authorize the Selectmen to acquire by purchase or otherwise as provided by the Massachusetts General Laws, on such terms and conditions as are in the Town’s best interest, for cemetery purposes and to accept a deed for two parcels of land located on West Road being the parcels shown as Lot 17.1 and Lot 10.3 on Assessors’ Map 2 and further being the same land shown on a plan entitled “Plan of Land Surveyed for John P. D’Angelillo et als” dated May 15, 1992 made by Szoc Surveyors consisting of 8.69 acres more or less and including all other appurtenant rights and easements and subject to all well rights and easements, and to transfer the sum of $50,000 from the Landfill Escrow Account and to transfer the sum of $71,428.41 from the Roxanne Robbins Chapel Fund, and to transfer the sum of $20,000 from the Stabilization Fund, and to convey to John D.Angelillo, Thurley R. Burnett and Virginia R. Dower a parcel of land on West road as shown on a plan entitled “Plan of Land in Ashby, Mass. Prepared for John D’Angelillo” Scale: 1”=20’ dated April 2, 2002 made by David E. Ross Associates, Inc. Land Surveyors the above referenced plan consisting of .4 acres of land, more or less in exchange for a parcel of land owned by John D’Angelillo et al, also shown on said plan and consisting of .4 acres, more or less, which plan is on file in the office of the Town Clerk and the Selectmen, and erecting a plaque to the memory of Roxanne Robbins, and the Board of Selectmen be authorized to enter into any and all agreements and execute any and all instruments as may be necessary on behalf of the Town of Ashby, or take any action thereon.
Finance Committee action: Approved √ Disapproved No Action
Article 13. To see if the Town will vote to appropriate the sum of $28,000 from free cash for the purchase of a police cruiser, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 14. To see if the Town will vote to appropriate the sum of $2,200 from free cash to purchase a generator for the police station, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 15. To see if the Town will vote to appropriate the sum of $89,000 from free cash to purchase a new highway dump truck with plow, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 16. To see if the Town will vote to raise and appropriate the sum of $165,273.12 for the purpose of reclaiming and paving Mason Road from New Ipswich Road to Heywood Road provided that the amount authorized to be borrowed shall be contingent upon the vote at the Town election to exempt from Proposition 2½ so called the amount required to satisfy the obligations, including principal and interest under the bonds, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 17. To see if the Town will vote to appropriate the sum of $10,000 from free cash to purchase fire safety equipment, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 18. To see if the Town will vote to authorize the Board of Selectmen to convey to Stephen R. and Caryn Cote for nominal consideration the parcel of land known 211 Log Cabin Road and further described as Assessors’ Map 14, Parcel 31, acquired by the Town through Low Value Tax Taking dated July 25, 1966 and recorded with Middlesex South District Registry of Deeds in Book 11177, Page 377, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 19. To see if the Town will vote to petition the Great and General Court enact special legislation in a form substantially as follows;
Section 1: Notwithstanding any general, special law, charter provision or by-law to the contrary, “The Chief of Police of the Town of Ashby shall be the “appointing authority” for all positions in the Police Department of the Town including both sworn police personnel and civilian employees”
Section 2: This act shall take effect upon its passage.,
and to take any other action relative thereto.
Finance Committee action: Approved √ Disapproved No Action
Article 20. To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase or otherwise as provided by the Massachusetts 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 together with any conservation easements thereon, together with the Town of Ashburnham, located on Mt. Watatic being the parcels shown on Ashburnham Assessors’ Map 29, Lot 13 and Ashby Assessors’ 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 48.5 acres in Ashburnham and approximately 235.5 acres in Ashby, together with buildings thereon, known as the old Mt. Watatic Ski Area consisting of 3 acres, more or less, of land underwater and 228.5 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 described in a deed recorded in the Registry of Deeds, Middlesex County, Book # 31075, Page 474, and in the Northern Worcester County Registry of Deeds, Book 3520, Page 246, which are on file in the office of the Selectmen and Town Clerk; that said land be conveyed jointly to the Town of Ashburnham and the Town of Ashby under the provisions of Massachusetts General Laws Chapter 40, Section 8C (reference Joint Powers Act here) and as it may hereafter be amended and other Massachusetts statutes relating to conservation to be controlled by the Conservation Commissions of Ashburnham and Ashby and to be managed aforesaid conservation commissions and the Department of Environmental Management and the Department of Fisheries and Wildlife or other such organization as may be deemed appropriate 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 so-called Self Help Act (Chapter 132A, Section 11) the Land and Water Conservation Fund 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 the Town of Ashby. Said acquisition and all costs associated therewith to be paid for by gifts and/or grants to the Town for such acquisition, to authorize the Selectmen to petition the General Court for special legislation expressly authorizing the Town of Ashby to acquire such land in joint ownership with the Town of Ashburnham, to authorize the Selectmen to apply to the secretary of environmental affairs to enter into an agreement, along with the Town of Ashburnham and such agencies of the Commonwealth as the Selectmen deem appropriate, pursuant to Massachusetts General Laws, Chapter 21A, Section 20, for the joint administration of this acquisition in accordance with the purposes and requirements of said law, and to authorize the Selectmen and/or the Conservation Commission to convey a conservation restriction to appropriate state agencies or conservation land trusts in consideration of the purchase price, and to authorize the Selectmen and/or the Conservation Commission to apply for and accept any and all grants, gifts, or reimbursements from any source whatsoever, including but not limited to funds available under Massachusetts General Laws, Chapter 132A, Section 11, the so-called Self Help Grant, which they deem appropriate to carry out this acquisition, and further to authorize the Selectmen and/or the Conservation Commission to enter into any and all agreements to execute and any and all documents, in the best interest of the Town, provided however, that all costs associated with said acquisition, including but not limited to any purchase price or damage award be funded by such grants, gifts, or reimbursements as said Selectmen and/or Conservation Commission are able to secure for this acquisition and its associated costs, or act in relation thereto.
Finance Committee action: √ Approved Disapproved No Action
Article 21. To see if the Town will vote to raise by borrowing the sum of $500,000 for the purpose of purchasing certain parcel of land located on Mt. Watatic contingent upon the Town’s receipt of grants, gifts or other funds awarded or provided to the Town totaling at least $500,000, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 22. To see if the Town will vote to authorize the Treasurer, with the approval of the Selectmen, to accept and expend any and all grants, gifts or other funds awarded or provided to the Town for the acquisition of certain land located on Mt. Watatic, including expenditure for any interest on any debt which may be incurred to the Town in borrowing funds as approved in Article 21 of this annual town meeting, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 23. To see if the Town will vote to authorize the Selectmen to enter into a lease agreement with such terms as are in the best interest of the Town to allow wind generation on the landfill site, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 24. To see if the Town will vote to authorize the Selectmen to sell or otherwise dispose of the Wiita house and up to five acres, more or less, if in the best interest of the Town, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 25. To see if the Town will vote to appropriate the sum of $4,439.78 to provide a Van from MART to be used by Ashby Seniors provided that the amount authorized to be borrowed shall be contingent upon the vote at the Town election to exempt from Proposition 2½ so called the amount required to satisfy the obligations, including principal and interest under the bonds and that same amount will reduce the Town’s assessment to MBTA, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 26. To see if the Town will vote to amend the Zoning Bylaw by deleting definitions 35 & 36 and inserting the following definitions:
"35) PERSONAL WIRELESS SERVICES. Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services
36) PERSONAL WIRELESS SERVICE FACILITY. Facility for the provision of personal wireless services, as defined by the Telecommunications Act. "
and replace all instances of the words "Public Wireless Communications Facility" in sect 4.7 with the words "Personal Wireless Communications Facility"
and delete section 4.7.2.2 and insert the following sections:
"4.7.2.2.Structures
4.7.2.2.1 If feasible, personal wireless service facilities shall be located on existing structures, including but not limited to buildings, existing telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more personal wireless service facilities. If located on a utility structure within the utility or public right of way no setbacks shall apply. The facility shall not increase the height of the structure by more than ten feet. If located on an existing building, the setback and height provisions of the zoning district shall apply however the personal wireless communication facility shall not project more than ten feet above the roof line of the building. In the case of pre-existing non-conforming buildings, personal wireless service facilities and their equipment shelters shall not increase any non-conformities. No personal wireless facilities shall locate on the exterior of any structure in the historic district. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate.
4.7.2.2.2 If the applicant demonstrates that it is not feasible to locate on an existing structure, personal wireless service facilities shall be located on a free-standing monopole as specified in section 4.7.4. All free standing monopole sites must meet the dimensional requirements of the district in which they are located or this section, whichever is greater. Lattice style towers and similar types of construction with or without guy wires are not allowed."
and insert the following section "4.7.2.5 Any new free standing personal wireless service facility shall provide at least one carrier of personal wireless services".
and insert the following sentence in 4.7.4.3 after the first sentence, "The applicant shall have the burden of proving that there are no feasible existing facilities upon which to locate.",
or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 27. To see if the Town will vote to appropriate the sum of $3,000 in order to purchase materials to make repairs to the Fire Station provided that the amount authorized to be borrowed shall be contingent upon the vote at the Town election to exempt from Proposition 2½ so called the amount required to satisfy the obligations, including principal and interest under the bonds, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 28. To see if the Town will vote to appropriate the sum of $35,000 for the purpose of refurbishing the Fire Ladder Truck provided that the amount authorized to be borrowed shall be contingent upon the vote at the Town election to exempt from Proposition 2½ so called the amount required to satisfy the obligations, including principal and interest under the bonds, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 29. To see if the Town will vote to amend the Town By-Laws by adding to Article IX, Use of way, Waterways and Public Places:
Section 8:
No person shall leave a motor vehicle parked and unattended in a public way so that it interferes with the flow of traffic. All vehicles in violation will be towed at the owner’s expense. Motor vehicles which are parked while making deliveries or performing construction tasks must not at any time completely block traffic flow on any public way. Vehicles doing so will need authorization from the highway department and must comply with any requirements set by the highway superintendent. Vehicles responding to emergency calls are excluded.
Section 9:
No one may unload at any time off road construction equipment in a public roadway without adequate padding to protect the existing road surface. Anyone doing so will be responsible for any needed road repairs and may be fined for repeated violations. The Board of Selectmen will set the fines after considering the damage caused and number of previous offenses.,
or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 30. To see if the Town will vote to amend the Zoning Bylaw by inserting the following in section 5:
5.1.5 The storing of up to five unregistered motor vehicles or major parts thereof within view of a public way. The storing of more than five unregistered motor vehicles within view of a public way is prohibited unless written authorization is given by the Board of Selectmen following an investigation and report by the Board of Health. Authorization shall be given only if no hazard to health or safety is involved and no unsightly condition is created. Exempted from this section are vehicles customarily used in agriculture, vehicles customarily used for excavation and grading of the land, and vehicles not designed for use on public ways such as lawn mowing equipment, all terrain vehicles, and snow mobiles.,
or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 31. To see if the Town will vote to amend the Zoning Bylaw by inserting the following in section 2:
2.3.2 PRINCIPAL USE, ACCESSORY USE
A principal use is a main or primary use of a lot or structure. More than one principal use may be allowed on a lot, except where such use is a dwelling and provided that each principal use is permitted and the sum of such principal uses complies with the other requirements of this By-Law.
An accessory use is one that constitutes only an incidental or insubstantial part of the total activity that takes place on a lot and is commonly associated with and integrally related to the principal use.
Even though a use may be a principal use in another situation, it may be conducted as an accessory use in conjunction with another principal use provided it is insubstantial, incidental, commonly associated with and integrally related to that principal use and does not exceed the size set forth in subparagraph 2.3.2.1.
2.3.2.1 LIMIT ON SIZE OF ACCESSORY USES
An accessory use shall not occupy more than 25 percent of the area of a lot nor exceed the gross floor area of the principal use on a lot except that such limitation shall not apply to off-street parking. An accessory apartment may not exceed 35% of the living area of the combined accessory apartment and principal dwelling.,
or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 32. To see if the Town will vote to amend the Zoning Bylaw by deleting “60%” from section 4.2.6 and replace it with “100%” and deleting “CMR 33” and replace it with “310CMR 10”,
or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 33. To see if the Town will vote to discontinue old Wellington Road from Pillsbury Road to its terminus near the Allegretto house formerly the Wellington house, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 34. To see if the Town will vote to discontinue the road from South Road to Valley Road formerly known as Wilder Road being the same road accepted by article 20 of the March, 1869 town meeting, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 35. To see if the Town will vote to discontinue Sheldon Road from South Road near the Pernaa farm to its terminus, or take any action thereon.
Finance Committee action: Approved Disapproved √ No Action
Article 36. To see if the Town will vote to amend the Town Bylaws by adding the following:
Article XVI
Regulation of Lighting
Section 1. PURPOSE
The purpose of this bylaw is to prohibit the intrusion of direct lighting across property lines and to eliminate lighting that produces glare on public ways.
Section 2. DEFINITIONS
Light Trespass: The shining of direct light produced by a luminaire beyond the boundaries of the lot or parcel on which it is located.
Lumen: A unit of luminous flux. One footcandle is one lumen per square foot.
Luminiare: A complete lighting system which includes a lamp or lamps, reflectors, shades, and a fixture.
Glare: Light emitting from any luminaire with an intensity great enough to reduce the viewer's ability to see.
Section 3. REGULATION
1. Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens shall be equipped with whatever shielding, lenses, or cutoff devices are required to eliminate light trespass onto any street or abutting lot or parcel and to eliminate glare perceptible to persons on any street or abutting lot or parcel.
Section 4. EXCEPTIONS
Any luminaire with a lamp or lamps rated at a total of 1800 lumens or less.
Luminaires used for public-roadway illumination.
All temporary emergency lighting need by the Police, Fire or Highway Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this article.
All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this article, except that all luminaires used must be red and must be shown to be as close as possible to the Federally required minimum lumen output requirement for the specific task.
Temporary illumination of construction sites, sporting events or other recreational events that are temporary in nature.
Section 5. PENALTY
Any owner found in violation of the provisions of this by-law shall be subject to a fine in accordance with the following schedule. Each day shall be considered a separate offense except that the first offense shall allow 30 days to bring the luminaire into compliance with this bylaw.
1st offense: Written Warning
2nd offense: Thirty-five dollars ($35.00)
3rd offense in any 12 month period: Fifty Dollars ($50.00),
or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 37. To see if the Town will vote to amend Article III of the Town By-Law by adding Section 6, Community Preservation Committee:
Section 6. 1. Establishment
The Community Preservation Committee is hereby established consisting of 7 voting members. The composition of the Committee, the Appointment Authority and the term of office of the committee members shall be as follows:
One member of the Conservation Commission as designated by the Commission for a term of three years however the initial term following adoption shall be one year.
One member of the Historic Commission as designated by the Commission for a term of three years however the initial term following adoption shall be one year.
One member of the Planning Board as designated by the Board for a term of three years however the initial term following adoption shall be two years.
One member of the Parks Department as designated by the Department for a term of three years however the initial term following adoption shall be two years.
One member of the Board of Selectmen as designated by the Board for a term of three years.
Two members elected at large for a term of three years however the initial term of one member following adoption shall be two years.
Each commission, board, or department shall elect one of its members to the Community Preservation Committee in May of the year in which that term expires. Should a member of a Commission, Board or Department leave that Commission, Board or Department through expiration of term or resignation, that member shall no longer be a member of the Community Preservation Committee. Should a Commission, Board or Department lose its representative on the committee, it shall elect a new member from the Commission, Board or Department to fill the remainder of the term.
In case of a vacancy of an elected-at-large position, the Selectmen may fill the vacancy through appointment of a member until the next Annual Town Election.
Section 6.2 Powers and Duties
The Committee shall study the Town’s community preservation needs and resources and develop a community preservation plan. The plan will be a multi-year plan that prioritizes projects to address the Town’s community preservation needs and shall include a multi-year projection of revenue and expenditure. The committee shall review and update the plan annually. As part of the annual review the committee will hold at least one public hearing, which shall be posted at least two weeks prior to the hearing and shall publish said notice in a newspaper of general circulation in each of the two weeks prior to the hearing.
The Committee shall make recommendations to the annual town meeting regarding the appropriation or the reservation revenue for the Community Preservation Fund.
Section 6.3 Requirement for a quorum and cost estimates
The community preservation committee shall not meet or conduct business without the presence of a quorum. A majority of the members of the community preservation committee shall constitute a quorum. The committee shall approve its actions by a majority vote. Recommendations to the Town meeting shall include their anticipated costs.
Section 6.4 Effective Date
Following annual town meeting and electorate approval, this Chapter shall take effect immediately upon approval by the Attorney General of the Commonwealth. Each appointing authority shall have thirty days after approval by the Attorney General to make their initial appointments. Should any appointing authority fail to make their appointment within the allotted time, the Board of Selectmen shall make the appointment. The Board of Selectmen shall appoint two at large members until the next annual town election.,
or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 38. To see if the Town will vote to amend the Zoning map designated along Fitchburg State road from Kendall Hill Road to the southerly line of Parcel 68.1 of Map 11 as Residential/Commercial A for a depth of five hundred feet from the center line of Fitchburg State Road and to amend the Zoning By laws by adding “6.4.2.5 Sale of Automobiles.”, or take any action relative thereto.
Finance Committee action: Approved Disapproved √ No Action
Article 39. To see if the Town will vote to accept, with respect to two certain parcels of real estate, hereinafter described and referred to as Parcel 1 and Parcel 2, to authorize the Board of Selectmen hereafter, at any time, to accept the Town’s remainderman’s interest as set forth in the deed to Parcel 1 and to accept Parcel 2 as a gift to the Town, to be used for any purposes of the Town deemed suitable therefore by the Board of Selectmen, in their sole discretion, including providing headquarters for the Ashby Veterans of Foreign Wars Post No. 10337 in conformance to Chapter 40, Section 9, of the General Laws of the Commonwealth of Massachusetts, said two parcels of real estate shown on Assessors’ Map 8 and Parcel 7.1 and being further identified and described as follows:
Parcel 1 – Title as shown in deed from Ashby Maja Social Club, Inc. to Ashby Veterans of Foreign Wars Post No. 10337, dated March 2, 1978, and recorded with Middlesex Southern District Registry of Deeds, Book 13398, Page 643, and described thus:
The land in the westerly part of said Ashby, with the buildings thereon which is on the westerly side of the road leading from the State road at Ingerson’s Corner, past the house of Addie Wright and which is bounded as follows:
Beginning at the Southeast corner of the premises at land of one Charles J. Lidberg and at the Westerly bound of said road; thence running
Northeasterly along the bound of said road about seven and one-half (7 ½) rods to the end of a stone wall, at land of Frank Ingerson; thence
Northerly by land of said Ingerson and said wall, about twelve and one-half (12 ½) rods to a wall of said Lidberg; thence by said wall and said Lidberg’s land
Northwesterly about twelve and one-half (12 ½) rods to a stake at said Lidberg’s land; thence
Southerly, in a straight line about twenty (20) rods by said Lidberg’s land about twelve and one-half (12 ½) rods to the place of beginning.
Containing one and one-half (1 ½) acres, more and less.
Parcel 2 – Title as shown in deed from George C. and Marion E. Elliott to Ashby Veterans of Foreign Wars Post No. 10337, dated February 2, 1986, and recorded with Middlesex Southern District Registry of Deeds, Book 16962, Page 166, and described thus:
A parcel of land located on the westerly side of Erickson Road in the northwesterly side of Ashby, Massachusetts, and more particularly bounded and described as follows:
Beginning at the northeasterly corner of the granted premises at a stone wall at land of Frederick K. Whitney and the grantee; thence
S. 21º 46’ 11” W. from said stone wall along land of the grantee, three hundred thirty (330) feet to land to be retained by grantors; thence
N. 47º 08’ 08” W. by said land of grantors, three hundred sixty-three and 83/100 (363.83) feet to land of grantors; thence
N. 45º 00’ 00” E. by said land of grantors, two hundred seventy-four and 80/100 (274.80) feet to a made drill hole in a stone wall at land of Peter McMurray et ex; thence
S. 51º 38’ 05” E. partly by said McMurray land and partly by land of said Whitney, along a stone wall, ninety-five and 46/100 (95.46) feet to a made drill hole in said stone wall; thence
S. 55º 36’ 14” E. by land of said Whitney, along said stone wall, ninety-nine and 89/100 (99.89) feet to a made drill hole in said stone wall; thence
S. 62º 18’ 13” E. by land of said Whitney, along said stone wall, forty-two and 32/100 (42.32) feet to the place of beginning.
Containing two (2.00) acres of land.
or take any action in relation thereto.
Finance Committee action: √ Approved Disapproved No Action
Article 40. To see if the Town will vote to reaccept a restricted special revenue account according the Massachusetts General Laws, Chapter 44, Section 53e½ for the purpose collecting and paying for ambulance advanced life support services and billing/collection fees, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 41. To see if the Town will vote to appropriate a sum of money to the Stabilization Fund, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
And you are hereby directed to serve this warrant by posting an attested copy in at least three (3) public places in said Ashby seven (7) days at least before holding of said meeting. Hereof, fail not, and make due return of this warrant with your doings thereon, to the Town Clerk at the time and place of meeting aforesaid.
Given under our hands this __________day of __________, 2002.
|Michael McCallum, |Janet Flinkstrom, |Peter McMurray, |
|Chair |Procurement |Clerk |
ASHBY BOARD OF SELECTMEN
By virtue of this precept, I have posted three (3) attested copies of the foregoing warrant in three (3) public places in said Ashby at least seven days before the time of said Annual Town Meeting.
Date: ________________________
William Davis,
Constable of Ashby
RESULTS OF ANNUAL TOWN MEETING
MAY 4, 2002
The warrant was returned to the Town Clerk by Constable William Davis at 9:00 A.M.
With a quorum present, the Moderator Peter Rourke called the meeting to order. The rules remain the same for this meeting as last. The warrant showed it had been properly served.
The 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: UNANIMOUS
Article 2. The motion was made and seconded to hear the reports of the various town officials and committees.
Finance Committee report on Cemetery Perpetual Care account from Special Town Meeting May 2, 2001. No final report as yet and will be presented at the next Special Town meeting.
Finance Committee special report on financial status of Ashby going into FY 2003.
VOTE: UNANIMOUS
Article 3. The motion was made and seconded to authorize the Treasurer to borrow funds as necessary in anticipation of revenue, in accordance with Chapter 44, Sections 23 to 27 of the Massachusetts General Laws.
VOTE: UNANIMOUS
Article 4. The motion was made and seconded to accept the following sums in trust and the income therefrom to be expended for the perpetual care of lots as follows:
|Glenwood Cemetary |
| | | | | |
|Amount |Name |Ave |Lot |Section . |
| | | | | |
|$ 150.00 |Faith E. Antilla |B |12R |Lyman |
|$ 100.00 |Gertrude Fields |B |33 |Lyman |
|$ 100.00 |Patricia Baron |B |32 |Lyman |
|$ 150.00 |Michael McCallum |B |13R |Lyman |
|$ 100.00 |Rollo Tucker |B |14R |Lyman |
|$ 250.00 |Sally Tracy |C |19 |Lyman |
|$ 325.00 |Larry Swope |B |30, 31 |Lyman |
|$ 200.00 |Janice Ouelette |C |20 |Lyman |
|$ 500.00 |Lori Rainville |C |24 |Lyman |
|$ 250.00 |Gary Beals |C |22 |Lyman |
|$ 150.00 |Lorraine Pease |B |15 |Lyman |
|$ 100.00 |Edward Hassett |B |16R |Lyman |
|$ 100.00 |Arnold Suokko |B |18R |Lyman |
|$ 200.00 |Brenda J. Annan |C |23 |Lyman |
| | | | | |
|West Cemetery |
| | | | | |
|Amount |Name |Ave. |Lot |Section |
|$ 500.00 |Edith Cronin |3 rd |179 |II |
|$ 150.00 |Linda Kari Olkkola |3 rd |183R |II |
|$ 150.00 |Dona Sue LaRue |3 rd |180 |II |
|$ 350.00 |Eileen Mason |3 rd |181 |II |
|$ 250.00 |Louise Philbrick |3 rd |182 |II |
|$ 250.00 |Dave Philbrick |3 rd |184 |II |
|$ 100.00 |Donald Beals |3 rd |185R |II |
|$ 250.00 |Ada Philbrick |3 rd |187 |II |
|$ 100.00 |Tracy Bitondo |3 rd |186 |II |
VOTE: UNANIMOUS
Article 5. The motion was made and seconded to raise and appropriate the money necessary to defray charges and expenses of the Town for the ensuing fiscal year (FY2003) beginning July 1, 2002 and ending June 30, 2003, and to fix the salaries of all elected officials.
The motion was made and seconded to raise and appropriate the sum of $402,765.13 for General Government.
VOTE: UNANIMOUS
The motion was made and seconded to raise and appropriate the sum of $574,321.01 for Protection of Persons and Property.
VOTE: UNANIMOUS
The motion was made and seconded to raise and appropriate the sum of $2,068,067.00 for Education.
VOTE: UNANIMOUS
The motion was made and seconded to raise and appropriate the sum of $360,451.93 for Public Works and Facilities.
VOTE: UNANIMOUS
The motion was made and seconded to raise and appropriate the sum of $36,963.00 for Human Service.
VOTE: UNANIMOUS
The motion was made and seconded to raise and appropriate the sum of $41,557.21 for Culture and Recreation.
VOTE: UNANIMOUS
The motion was made and seconded raise and appropriate the sum of $242,848.30 for General Government Expenses.
VOTE: UNANIMOUS
Article 6. The motion was made and seconded to appropriate the sum of $74,846.58 from free cash in order to defray charges and expenses of the Town for the ensuing fiscal year (FY2003) beginning July 1, 2002 and ending June 30, 2003.
VOTE: UNANIMOUS
Article 7. The motion was made and seconded to authorize the transfer the sum of $4,047.11 to the Ashby Elementary School.
Sumner Taylor School Fund $ 446.00
Samuel P. Gates School Fund $3,393.13
Jesse Foster School Fund $ 207.98
$4,047.11
VOTE: UNANIMOUS
Article 8. The motion was made and seconded to appropriate the sum of $20,000 from free cash to the Solid Waste Management account for the purpose of paying for solid waste disposal services.
VOTE: UNANIMOUS
Article 9. The motion was made and seconded to postpone Article 9 indefinitely.
VOTE: UNANIMOUS
Article 10. The motion was made and seconded to appropriate the sum of $19,174 from free cash for the purpose of paying for a full time Fire Chief position.
VOTE TO END DEBATE: UNANIMOUS
VOTE: UNANIMOUS
Article 11. The motion was made and seconded to transfer the care, custody, maintenance and control of a portion of the parcel of land described below from the Parks Department to the Board of Selectmen for the purposes of the sale of land located on West Road and is described in a deed recorded with the Middlesex South District Registry of Deeds in Book 5618 Page 124 dated December 19, 1931; and further, to see if the Town will vote to authorize the Board of Selectmen to petition the Massachusetts General Court to approve the change in use of a portion of said land for the purpose stated herein pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
VOTE: DEFEATED
DECLARED BY MODERATOR
Article 12. The motion was made and seconded to postpone Article 12 indefinitely.
VOTE: PASSED
Article 13. The motion was made and seconded to appropriate the sum of $28,000 from free cash to for the purchase of a police cruiser.
VOTE: PASSED
Article 14. The motion was made and seconded to appropriate the sum of $2,200 from free cash to purchase a generator for the police station.
VOTE: PASSED
Article 15. The motion was made and seconded to appropriate the sum of $89,000 from free cash to purchase a new highway dump truck with plow.
VOTE: UNANIMOUS
Article 16. The motion was made and seconded to raise and appropriate the sum of $165,273.12 for the purpose of reclaiming and paving Mason Road from New Ipswich Road to Heywood Road provided that the amount authorized to be borrowed shall be contingent upon the vote at the Town election to exempt from Proposition 2½ so called the amount required to satisfy the obligations, including principal and interest under the bonds.
VOTE: YES- 113 NO-35 PASSED
Article 17. The motion was made and seconded to appropriate the sum of $10,000 from free cash to purchase fire safety equipment.
VOTE: UNANIMOUS
Article 18. The motion was made and seconded to authorize the Board of Selectmen to convey to Stephen R. and Caryn Cote for up to $2000.00 the parcel of land known 211 Log Cabin Road and further described as Assessors’ Map 14, Parcel 31, acquired by the Town through Low Value Tax Taking dated July 25, 1966 and recorded with Middlesex South District Registry of Deeds in Book 11177, Page 377.
VOTE: UNANIMOUS
Article 19. The motion was made and seconded to postpone Article 19 indefinitely.
VOTE: PASSED
Article 20. The motion was made and seconded to postpone Article 20 indefinitely.
VOTE: UNANIMOUS
Article 21. The motion was made and seconded to postpone Article 21 indefinitely.
VOTE: UNANIMOUS
Article 22. The motion was made and seconded to postpone Article 22 indefinitely.
VOTE: UNANIMOUS
Article 23. The motion was made and seconded to authorize the Selectmen to enter into a lease agreement with such terms as are in the best interest of the Town to allow wind generation on the landfill site.
VOTE: DEFEATED
DECLARED BY MODERATOR
Article 24. The motion was made and seconded to authorize the Selectmen to sell or otherwise dispose of the Wiita house and up to five acres, more or less, if in the best interest of the Town.
The motion was made and seconded to amend Article 24 by deleting the word "five" and inserting the number "3.5".
VOTE ON AMENDMENT: PASSED
The motion was made and seconded to amend Article 24 by deleting the words "or otherwise dispose".
VOTE ON SECOND AMENDMENT: DEFEATED
VOTE TO END DEBATE: UNANIMOUS
VOTE ON AMENDED ARTICLE: PASSED
Article 25. The motion was made and seconded to postpone Article 25 indefinitely.
VOTE: PASSED
Article 26. The motion was made and seconded to amend the Zoning Bylaw by deleting definitions 35 & 36 and inserting the following definitions:
"35) PERSONAL WIRELESS SERVICES. Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services
36) PERSONAL WIRELESS SERVICE FACILITY. Facility for the provision of personal wireless services, as defined by the Telecommunications Act. "
and replace all instances of the words "Public Wireless Communications Facility" in sect 4.7 with the words "Personal Wireless Communications Facility"
and delete section 4.7.2.2 and insert the following sections:
"4.7.2.2.Structures
4.7.2.2.1 If feasible, personal wireless service facilities shall be located on existing structures, including but not limited to buildings, existing telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more personal wireless service facilities. If located on a utility structure within the utility or public right of way no setbacks shall apply. The facility shall not increase the height of the structure by more than ten feet. If located on an existing building, the setback and height provisions of the zoning district shall apply however the personal wireless communication facility shall not project more than ten feet above the roof line of the building. In the case of pre-existing non-conforming buildings, personal wireless service facilities and their equipment shelters shall not increase any non-conformities. No personal wireless facilities shall locate on the exterior of any structure in the historic district. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate.
4.7.2.2.2 If the applicant demonstrates that it is not feasible to locate on an existing structure, personal wireless service facilities shall be located on a free-standing monopole as specified in section 4.7.4. All free standing monopole sites must meet the dimensional requirements of the district in which they are located or this section, whichever is greater. Lattice style towers and similar types of construction with or without guy wires are not allowed."
and insert the following section "4.7.2.5 Any new free standing personal wireless service facility shall provide at least one carrier of personal wireless services".
and insert the following sentence in 4.7.4.3 after the first sentence, "The applicant shall have the burden of proving that there are no feasible existing facilities upon which to locate."
VOTE: UNANIMOUS
Article 27. The motion was made and seconded to appropriate the sum of $3,000 in order to purchase materials to make repairs to the Fire Station provided that the amount authorized to be borrowed shall be contingent upon the vote at the Town election to exempt from Proposition 2½ so called the amount required to satisfy the obligations, including principal and interest under the bonds.
VOTE: PASSED
Article 28. The motion was made and seconded to appropriate the sum of $35,000 for the purpose of refurbishing the Fire Ladder Truck provided that the amount authorized to be borrowed shall be contingent upon the vote at the Town election to exempt from Proposition 2½ so called the amount required to satisfy the obligations, including principal and interest under the bonds.
VOTE: UNANIMOUS
Article 29. The motion was made and seconded to amend the Town By-Laws by adding to Article IX, Use of way, Waterways and Public Places:
Section 8:
No person shall leave a motor vehicle parked and unattended in a public way so that it interferes with the flow of traffic. All vehicles in violation will be towed at the owner’s expense. Motor vehicles which are parked while performing construction tasks must not at any time completely block traffic flow on any public way. Vehicles doing so will need authorization from the highway department and must comply with any requirements set by the highway superintendent. Vehicles responding to emergency calls are excluded.
Section 9:
No one may unload at any time off road construction equipment in a public roadway without adequate padding to protect the existing road surface. Anyone doing so will be responsible for any needed road repairs and may be fined for repeated violations. The Board of Selectmen will set the fines after considering the damage caused and number of previous offenses.
VOTE: UNANIMOUS
Article 30. The motion was made and seconded to amend the Zoning Bylaw by inserting the following in section 5:
5.1.5 The storing of up to five unregistered motor vehicles or major parts thereof within view of a public way. The storing of more than five unregistered motor vehicles within view of a public way is prohibited unless written authorization is given by the Board of Selectmen following an investigation and report by the Board of Health. Authorization shall be given only if no hazard to health or safety is involved and no unsightly condition is created. Exempted from this section are vehicles customarily used in agriculture, vehicles customarily used for excavation and grading of the land, and vehicles not designed for use on public ways such as lawn mowing equipment, all terrain vehicles, and snow mobiles.
The motion was made and seconded to amend Article 30 by deleting the words "and no unsightly condition is created".
VOTE ON AMENDMENT: DEFEATED
VOTE TO END DEBATE: UNANIMOUS
VOTE: YES-74 NO- 71 DEFEATED
Article 31. The motion was made and seconded to amend the Zoning Bylaw by inserting the following in section 2:
2.3.2 PRINCIPAL USE, ACCESSORY USE
A principal use is a main or primary use of a lot or structure. More than one principal use may be allowed on a lot, except where such use is a dwelling and provided that each principal use is permitted and the sum of such principal uses complies with the other requirements of this By-Law.
An accessory use is one that constitutes only an incidental or insubstantial part of the total activity that takes place on a lot and is commonly associated with and integrally related to the principal use.
Even though a use may be a principal use in another situation, it may be conducted as an accessory use in conjunction with another principal use provided it is insubstantial, incidental, commonly associated with and integrally related to that principal use and does not exceed the size set forth in subparagraph 2.3.2.1.
2.3.2.1 LIMIT ON SIZE OF ACCESSORY USES
An accessory use shall not occupy more than 25 percent of the area of a lot nor exceed the gross floor area of the principal use on a lot except that such limitation shall not apply to off-street parking. An accessory apartment may not exceed 35% of the living area of the combined accessory apartment and principal dwelling.
The motion was made and seconded to amend Article 31 by deleting section 2.3.2.1 and deleting the words " and does not exceed the size set forth in subparagraph 2.3.2.1" from section 2.3.2.
VOTE ON AMENDMENT: PASSED
VOTE: PASSED
DECLARED BY MODERATOR
Article 32. The motion was made and seconded to amend the Zoning Bylaw by deleting “60%” from section 4.2.6 and replace it with “100%” and deleting “CMR 33” and replace it with “310CMR 10.55, Section 2".
The motion was made and seconded to amend Article 32 by deleting "100%" and replacing it with "80%".
VOTE ON AMENDMENT: PASSED
VOTE ON AMENDED ARTICLE: DEFEATED
DECLARED BY MODERATOR
Article 33. The motion was made and seconded to discontinue old Wellington Road from Pillsbury Road to its terminus near the Allegretto house formerly the Wellington house.
VOTE: PASSED
Article 34. The motion was made and seconded that Article 34 be referred to a committee to be appointed by the Board of Selectmen and the Planning Board to study and report to the next town meeting.
VOTE: UNANIMOUS
Article 35. The motion was made and seconded that Article 35 be referred to a committee to be appointed by the Board of Selectmen and the Planning Board to study and report to the next town meeting.
VOTE: UNANIMOUS
Article 36. The motion was made and seconded to amend the Town Bylaws by adding the following:
Article XVI
Regulation of Lighting
Section 1. PURPOSE
The purpose of this bylaw is to prohibit the intrusion of direct lighting across property lines and to eliminate lighting that produces glare on public ways.
Section 2. DEFINITIONS
Light Trespass: The shining of direct light produced by a luminaire beyond the boundaries of the lot or parcel on which it is located.
Lumen: A unit of luminous flux. One footcandle is one lumen per square foot.
Luminiare: A complete lighting system which includes a lamp or lamps, reflectors, shades, and a fixture.
Glare: Light emitting from any luminaire with an intensity great enough to reduce the viewer's ability to see.
Section 3. REGULATION
1. Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens shall be equipped with whatever shielding, lenses, or cutoff devices are required to eliminate light trespass onto any street or abutting lot or parcel and to eliminate glare perceptible to persons on any street or abutting lot or parcel.
Section 4. EXCEPTIONS
Any luminaire with a lamp or lamps rated at a total of 1800 lumens or less.
Luminaires used for public-roadway illumination.
All temporary emergency lighting need by the Police, Fire or Highway Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this article.
All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this article, except that all luminaires used must be red and must be shown to be as close as possible to the Federally required minimum lumen output requirement for the specific task.
Temporary illumination of construction sites, sporting events or other recreational events that are temporary in nature.
Section 5. PENALTY
Any owner found in violation of the provisions of this by-law shall be subject to a fine in accordance with the following schedule. Each day shall be considered a separate offense except that the first offense shall allow 30 days to bring the luminaire into compliance with this bylaw.
1st offense: Written Warning
2nd offense: Thirty-five dollars ($35.00)
3rd offense in any 12 month period: Fifty Dollars ($50.00)
VOTE: YES- 45 NO-81 DEFEATED
Article 37. The motion was made and seconded to postpone Article 37 indefinitely.
VOTE: UNANIMOUS
Article 38. The motion was made and seconded to amend the Zoning map designated along Fitchburg State road from Kendall Hill Road to the southerly line of Parcel 68.1 of Map 11 as Residential/Commercial A for a depth of five hundred feet from the center line of Fitchburg State Road and to amend the Zoning By laws by adding “6.4.2.5 Sale of Automobiles”.
The motion was made and seconded to amend Article 38 by deleting the word "designated" following the words "zoning map" and replacing it with "to designate the land" and insert the words "as shown on the Assessor's map revised January 1, 2000" following the words "Parcel 68.1 of Map 11".
VOTE ON AMENDMENT: PASSED
VOTE ON AMENDED ARTICLE: YES-90 NO-31 PASSED
Article 39. The motion was made and seconded to accept, with respect to two certain parcels of real estate, hereinafter described and referred to as Parcel 1 and Parcel 2, to authorize the Board of Selectmen hereafter, at any time, to accept the Town’s remainderman’s interest as set forth in the deed to Parcel 1 and to accept Parcel 2 as a gift to the Town, to be used for any purposes of the Town deemed suitable therefore by the Board of Selectmen, in their sole discretion, including providing headquarters for the Ashby Veterans of Foreign Wars Post No. 10337 in conformance to Chapter 40, Section 9, of the General Laws of the Commonwealth of Massachusetts, said two parcels of real estate shown on Assessors’ Map 8 and Parcel 7.1 and being further identified and described as follows:
Parcel 1 – Title as shown in deed from Ashby Maja Social Club, Inc. to Ashby Veterans of Foreign Wars Post No. 10337, dated March 2, 1978, and recorded with Middlesex Southern District Registry of Deeds, Book 13398, Page 643, and described thus:
The land in the westerly part of said Ashby, with the buildings thereon which is on the westerly side of the road leading from the State road at Ingerson’s Corner, past the house of Addie Wright and which is bounded as follows:
Beginning at the Southeast corner of the premises at land of one Charles J. Lidberg and at the Westerly bound of said road; thence running
Northeasterly along the bound of said road about seven and one-half (7 ½) rods to the end of a stone wall, at land of Frank Ingerson; thence
Northerly by land of said Ingerson and said wall, about twelve and one-half (12 ½) rods to a wall of said Lidberg; thence by said wall and said Lidberg’s land
Northwesterly about twelve and one-half (12 ½) rods to a stake at said Lidberg’s land; thence
Southerly, in a straight line about twenty (20) rods by said Lidberg’s land about twelve and one-half (12 ½) rods to the place of beginning.
Containing one and one-half (1 ½) acres, more and less.
Parcel 2 – Title as shown in deed from George C. and Marion E. Elliott to Ashby Veterans of Foreign Wars Post No. 10337, dated February 2, 1986, and recorded with Middlesex Southern District Registry of Deeds, Book 16962, Page 166, and described thus:
A parcel of land located on the westerly side of Erickson Road in the northwesterly side of Ashby, Massachusetts, and more particularly bounded and described as follows:
Beginning at the northeasterly corner of the granted premises at a stone wall at land of Frederick K. Whitney and the grantee; thence
S. 21º 46’ 11” W. from said stone wall along land of the grantee, three hundred thirty (330) feet to land to be retained by grantors; thence
N. 47º 08’ 08” W. by said land of grantors, three hundred sixty-three and 83/100 (363.83) feet to land of grantors; thence
N. 45º 00’ 00” E. by said land of grantors, two hundred seventy-four and 80/100 (274.80) feet to a made drill hole in a stone wall at land of Peter McMurray et ex; thence
S. 51º 38’ 05” E. partly by said McMurray land and partly by land of said Whitney, along a stone wall, ninety-five and 46/100 (95.46) feet to a made drill hole in said stone wall; thence
S. 55º 36’ 14” E. by land of said Whitney, along said stone wall, ninety-nine and 89/100 (99.89) feet to a made drill hole in said stone wall; thence
S. 62º 18’ 13” E. by land of said Whitney, along said stone wall, forty-two and 32/100 (42.32) feet to the place of beginning.
Containing two (2.00) acres of land.
VOTE: UNANIMOUS
Article 40. The motion was made and seconded to reaccept a restricted special revenue account according the Massachusetts General Laws, Chapter 44, Section 53e½ for the purpose of collecting and paying for ambulance advanced life support services and billing/collection fees.
VOTE: UNANIMOUS
Article 41. The motion was made and seconded to appropriate the sum of $0.0 to the Stabilization Fund.
VOTE: UNANIMOUS
The motion was made and seconded to dissolve the meeting and so voted at 2:50 PM
Lorraine Pease
ASHBY TOWN CLERK
COMMONWEALTH OF MASSACHUSETTS
SPECIAL ELECTION
June 18, 2002
Middlesex, ss:
To: Constable of the Town of Ashby in said County:
Greeting:
In the name of the Commonwealth, you are hereby directed to notify and warn the inhabitants of the Town of Ashby, qualified to vote in elections and town affairs, to meet at the Ashby Elementary School Auditorium in said Ashby, Tuesday, the eighteenth day of June, next, at 12:00 noon, to give in their votes on one ballot for the following questions:
QUESTION 1.
“Shall the Town of Ashby be allowed to exempt from the provisions of Proposition two and one-half, so called, the amounts required to pay for the bond issued for the purpose of reclaiming and paving Mason Road from New Ipswich Road to Heywood Road.”
YES________________
NO________________
QUESTION 2.
“Shall the Town of Ashby be allowed to exempt from the provisions of Proposition two and one-half, so called, the amounts required to pay for the bond issued in order to purchase materials to make repairs to the Fire Station”.
YES________________
NO________________
QUESTION 3.
“Shall the Town of Ashby be allowed to exempt from the provisions of Proposition two and one-half, so called, the amounts required to pay for the bond issued for the purpose of refurbishing the Fire Ladder Truck”.
YES________________
NO________________
The polls will be open at 12:00 noon and shall close at 7:30 PM
And you are hereby directed to serve this warrant by posting an attested copy in three(3) public places in said Ashby at least seven days before holding of said election.
Hereof, fail not, and make due return of this warrant with your doings theron, to the Town Clerk at the time and place of election aforesaid.
Given under our hands this_________day of May, 2002
|Janet Flinkstrom |Peter McMurray |Gerard Houle |
|Chair | | |
ASHBY BOARD OF SELECTMEN
By virtue of this precept, I have posted three (3) copies of the foregoing warrant in three (3) public places in said Ashby seven days at least before time of said Special Town Election.
DATE:____________________
William A. Davis
CONSTABLE OF ASHBY
RESULTS OF SPECIAL TOWN ELECTION
JUNE 18, 2002
The warrant was returned to the Town Clerk on Tuesday, June 18, 2002 at 11:00 AM by Constable William Davis.
Election officers on duty and duly sworn in were as follows: Bertha Tiilikkala, Betty Ann Tiilikkala, Edna Jamnback, Anne Hayes, Waldemar Tiilikkala and Andrew Gosnell.
The Polls opened at 12:00 noon.
The following is a list of the questions and the votes and blanks each received as they appeared on the official ballot.
|QUESTION NO. 1 | |
| | |
|YES | 76 |
|NO | 142 |
|BLANK | 2 |
|TOTAL BALLOTS CAST |220 |
| | |
|QUESTION NO. 2 | |
| | |
|YES |119 |
|NO |101 |
|BLANK | 0 |
|TOTAL BALLOTS CAST |220 |
| | |
|QUESTION NO.3 | |
| | |
|YES |109 |
| NO |110 |
|BLANK | 1 |
|TOTAL BALLOTS CAST |220 |
The polls closed at 7:30 PM.
Tellers on duty and duly sworn in were as follows: Ann Seymour, Nancy Peeler, Joyce Hopkins, Deborah Pillsbury, Elaine Kielty, Shaun Kielty, Pamela Peeler and Richard Catalini.
At the close of the polls the ballot box read 220 voters had cast a ballot; the checkers’ tally sheets read 220 voters had cast a ballot.
Lorraine Pease, Ashby Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
WILLIAM FRANCIS GALVIN
SECRETARY OF THE COMMONWEALTH
MIDDLESEX, SS:
To: Constable of the Town of Ashby
GREETING:
In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of said Town who are qualified to vote in Primaries to vote at the Ashby Elementary School Auditorium on TUESDAY, THE SEVENTEENTH DAY OF SEPTEMBER, 2002 from 7:00 AM to 8:00 PM for the following purpose:
To cast their votes in the State Primary for the candidates of political parties for the following offices:
U.S. SENATOR FOR THE COMMONWEALTH
GOVERNOR FOR THE COMMONWEALTH
LT. GOVERNOR FOR THE COMMONWEALTH
ATTORNEY GENERAL FOR THE COMMONWEALTH
SECRETARY FOR THE COMMONWEALTH
TREASURER FOR THE COMMONWEALTH
AUDITOR FOR THE COMMONWEALTH
REPRESENTATIVE IN CONGRESS First Congressional District
COUNCILLOR Seventh Councillor District
SENATOR IN GENERAL COURT Worcester & Middlesex District
REPRESENTATIVE IN GENERAL COURT
Second Worcester Representative District
DISTRICT ATTORNEY Northern District
REGISTER OF PROBATE Middlesex County
Hereof, fail not and make due return of this warrant with your doings thereon at the time and place of said voting.
Given under our hands this _______ day of August, 2002.
|Janet Flinkstrom |Peter McMurray |Gerard Houle |
|Chairman | | |
ASHBY BOARD OF SELECTMEN
By virtue of this precept, I have posted three (3) attested copies of the foregoing warrant in three (3) public places in said Ashby at least seven days before the time of the State Primary.
DATE:___________________
William A. Davis
CONSTABLE OF ASHBY
RESULTS OF STATE PRIMARY
September 17, 2002
The warrant was returned to the Town Clerk at 6:50 AM.
Election officers on duty and duly sworn were as follows: Bertha Tiilikkala, clerk, Edna Jamnback, Betty Ann Tiilikkala, Anne Hayes, Andrew Gosnell and Waldemar Tiilikkala.
The polls opened at 7:00 AM.
The following is a list of candidates as they appeared on the official ballots and also the votes each received, and the total blanks:
DEMOCRATIC PARTY PRIMARY BALLOT
SENATOR IN CONGRESS VOTES
John F. 217
Blanks 25
Total ballots cast 242
GOVERNOR
Thomas F. Birmingham 49
Steven Grossman 2
Shannon P. O’Brien 71
Robert B. Reich 67
Warren E. Tolman 50
Blanks 3
Total ballots cast 242
LIEUTENANT GOVERNOR
Christopher F. Gabrieli 96
Lois G. Pines 71
John P. Slattery 48
Blanks 27
Total ballots cast 242
ATTORNEY GENERAL
Thomas F. Reilly 198
Blanks 44
Total ballots cast 242
SECRETARY OF STATE
William Francis Galvin 193
Blanks 49
Total ballots cast 242
TREASURER
Michael P. Cahill 39
Timothy P. Cahill 80
Stephen J. Murphy 27
James W. Segel 49
Blanks 47
Total ballots cast 242
AUDITOR
A. Joseph DeNucci 176
Blanks 66
Total Ballots cast 242
REPRESENTATIVE IN CONGRESS
John W. Olver 211
Blanks 31
Total ballots cast 242
COUNCILOR
Dennis P. McManus 169
Blanks 73
Total ballots cast 242
SENATOR IN GENERAL COURT
Robert A. Antonioni 213
Blanks 29
Total ballots cast 242
REPRESENTATIVE IN GENERAL COURT
Brian Knuuttila 212
Blanks 30
Total ballots cast 242
DISTRICT ATTORNEY
Martha Coakley 193
Blanks 49
Total ballots cast 242
REGISTER OF PROBATE
John R. Buonomo 80
Diane Poulos Harpell 62
Ed McMahon 46
Blanks 54
Total ballots cast 242
REPUBLICAN PARTY PRIMARY BALLOT
SENATOR IN CONGRESS
All others 1
Blanks 198
Total ballots cast 199
GOVERNOR
Mitt Romney 184
Blanks 15
Total ballots cast 199
LIEUTENANT GOVERNOR
Kerry Murphy Healey 134
Jim Rappaport 63
Blanks 2
Total ballots cast 199
ATTORNEY GENERAL
All others 1
Blanks 198
Total ballots cast 199
SECRETARY OF STATE
Jack E. Robinson, III 104
Blanks 95
Total ballots cast 199
TREASURER
Daniel A. Grabauskas 111
Bruce A. Herzfelder 66
Blanks 22
Total ballots cast 199
AUDITOR
Blanks 199
Total ballots cast 199
REPRESENTATIVE IN CONGRESS
Matthew W. Kinnaman 137
Blanks 62
Total ballots cast 199
COUNCILLOR
Blanks 199
Total ballots cast 199
SENATOR IN GENERAL COURT
Blanks 199
Total ballots cast 199
REPRESENTATIVE IN GENERAL COURT
William A. Hunt 130
Blanks 69
Total ballots cast 199
DISTRICT ATTORNEY
Blanks 199
Total ballots cast 199
REGISER OF PROBATE
John W. Lambert 140
Blanks 59
Total ballots cast 199
LIBERTARIAN PARTY PRIMARY BALLOT
SENATOR IN CONGRESS
Michael E. Cloud 1
Blanks 1
Total ballots cast 2
GOVERNOR
Carla A. Howell 2
Total ballots cast 2
LIEUTENANT GOVERNOR
Richard P Aucoin 2
Total ballots cast 2
ATTORNEY GENERAL
Blanks 2
Total ballots cast 2
ATTORNEY GENERAL
Blanks 2
Total ballots cast 2
SECRETARY OF STATE
Blanks 2
Total ballots cast 2
TREASURER
Blanks 2
Total ballots cast 2
AUDITOR
Kamal Jain 2
Total ballots cast 2
REPRESENTATIVE IN CONGRESS
Blanks 2
Total ballots cast 2
COUNCILLOR
Blanks 2
Total ballots cast 2
SENATOR IN GENERAL COURT
Blanks 2
Total ballots cast 2
REPRESENTATIVE IN GENERAL COURT
Blanks 2
Total ballots cast 2
DISTRICT ATTORNEY
Blanks 2
Total ballots cast 2
REGISTER OF PROBATE
Blanks 2
Total ballots cast 2
MASSACHUSETTS GREEN PARTY
SENATOR IN CONGRESS
Blanks 1
Total ballots cast 1
GOVERNOR
Jill E. Stein 1
Total ballots cast 1
LIEUTENANT GOVERNOR
Anthony F. Lorenzen 1
Total ballots cast 1
ATTORNEY GENERAL
Blanks 1
Total ballots cast 1
SECRETARY OF STATE
Blanks 1
Total ballots cast 1
TREASURER
Blanks 1
Total ballots cast 1
AUDITOR
Blanks 1
Total ballots cast 1
REPRESENTATIVE IN CONGRESS
Blanks 1
Total ballots cast 1
COUNCILLOR
Blanks 1
Total ballots cast 1
SENATOR IN GENERAL COURT
Blanks 1
Total ballots cast 1
REPRESENTATIVE IN GENERAL COURT
Blanks 1
Total ballots cast 1
DISTRICT ATTORNEY
Blanks 1
Total ballots cast 1
REGISTER OF PROBATE
Blanks 1
Total ballots cast 1
The polls closed at 8:00 PM
Tellers on duty and duly sworn were as follows: Ann Seymour, Elaine Kielty, Deborah Pillsbury, Pamela Peeler, Joan Hatcher, Shaun Kielty and Richard Catalini.
At the close of the polls the ballot box read 444 voters had cast a ballot; the checkers’lists tallied 242 Democrats, 199 Republicans, 2 Libertarians and 1 Massachusetts Green party had cast ballots, for a total of 444 voters casting a ballot.
Lorraine Pease, Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
WILLIAM FRANCIS GALVIN
SECRETARY OF THE COMMONWEALTH
MIDDLESEX, SS:
To: Constable of the Town of Ashby
GREETING:
In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of said Town who are qualified to vote in Elections to vote at the Ashby Elementary School Auditorium on TUESDAY, THE FIFTH DAY OF NOVEMBER, 2002 from 7:00 a.m. to 8:00 p.m. for the following purpose:
To cast their votes in the State Election for the candidates of political parties for the following offices:
U.S. SENATOR FOR THE COMMONWEALTH
GOVERNOR FOR THE COMMONWEALTH
LT. GOVERNOR FOR THE COMMONWEALTH
ATTORNEY GENERAL FOR THE COMMONWEALTH
SECRETARY FOR THE COMMONWEALTH
TREASURER FOR THE COMMONWEALTH
AUDITOR FOR THE COMMONWEALTH
REPRESENTATIVE IN CONGRESS First Congressional District
COUNCILLOR Seventh Councillor District
SENATOR IN GENERAL COURT Worcester & Middlesex District
REPRESENTATIVE IN GENERAL COURT
Second Worcester Representative District
DISTRICT ATTORNEY Northern District
REGISTER OF PROBATE Middlesex County
QUESTIONS
#1. Eliminating State Personal Income Tax
#2. English Language Education in Public Schools
#3. Taxpayer Funding for Political Campaigns
Hereof fail not and make return of this warrant with your doings thereon at the time and place of said meeting.
Given under our hands this _____ day of October, 2002.
|Janet Flinkstrom, |Peter McMurray |Gerard Houle |
|Chairman | | |
ASHBY BOARD OF SELECTMEN
By virtue of this precept, I have posted three (3) attested copies of the foregoing warrant in three (3) public places in said Ashby seven days at least before time of said State Election.
DATE:_______________________________
William A. Davis
CONSTABLE OF ASHBY
RESULTS OF STATE ELECTION
November 5, 2002
The warrant was returned to the Town Clerk by Constable William Davis at 6:45 AM.
The polls opened at 7:00 AM.
Election officers on duty and duly sworn in were as follows: Bertha Tiilikkala, Edna Jamnback, Anne Hayes, Betty Ann Tiilikkala, Andrew Gosnell, Waldemar Tiilikkala, Leona Sanford, Teresa Airey and Michelle Berube.
The following is a list of candidates and questions as they appeared on the official ballot, and also the total number of votes each candidate and questions received and the total blanks:
SENATOR IN CONGRESS VOTES
John F. Kerry 828
Michael E. Cloud 290
All others 18
Blanks 95
Total ballots cast 1231
GOVERNOR & LIEUTENANT GOVERNOR
Howell and Aucoin 20
O’Brien and Gabrieli 372
Romney and Healey 743
Stein And Lorenzen 79
Johnson and Schebel 8
Blanks 9
Total ballots cast 1231
ATTORNEY GENERAL
Thomas F. Reilly 904
All others 5
Blanks 322
Total ballots cast 1231
SECRETARY OF STATE
William Francis Galvin 739
Jack E Robinson III 403
All others 5
Blanks 84
Total ballots cast 1231
TREASURER
Timothy P. Cahill 459
Daniel A. Grabauskas 577
James O’Keefe 126
All others 1
Blanks 68
Total ballots cast 1231
AUDITOR
A. Joseph DeNucci 697
Kamal Jain 147
John James Xanakis 204
All others 1
Blanks 182
Total ballots cast 1231
REPRESENTATIVE IN CONGRESS
John W. Olver 678
Matthew W. Kinnaman 493
Blanks 60
Total ballots cast 1231
COUNCILLOR
Dennis P. McManus 804
All others 1
Blanks 426
Total ballots cast 1231
SENATOR IN GENERAL COURT
Robert A. Antonioni 922
Blanks 309
Total ballots cast 1231
REPRESENTATIVE IN GENERAL COURT
Brian Knuuttila 739
William A. Hunt 431
Blanks 61
Total ballots cast 1231
DISTRICT ATTORNEY
Martha Coakley 865
All others 1
Blanks 365
Total ballots cast 1231
REGISTRAR OF PROBATE
John R. Buonomo 527
John W. Lambert 572
All others 1
Blanks 131
Total ballots cast 1231
QUESTION 1
Yes 553
No 630
Blanks 48
Total ballots cast 1231
QUESTION 2
Yes 915
No 269
Blanks 47
Total ballots cast 1231
QUESTION 3
Yes 240
No 934
Blanks 57
Total ballots cast 1231
QUESTION 4
Yes 734
No 402
Blanks 95
Total ballots cast 1231
The polls closed at 8:00 PM.
Tellers on duty and duly sworn in were as follows: Richard Catalini, Nancy Peeler, Pamela Peeler, Deborah Pillsbury, Ann Seymour, Joyce Hopkins, Elaine Kielty, Shaun Kielty, Seth Hopkins, Dennis Moore, Roberta Flashman, Jonathan Kimball, Michael Bigwood, Michael Hjelm, Mariana Fourtney Fyfe, Dianne VanVoorhis, Elaine Bernhardt, Peter Fischman and Gail Smith.
At the close of the polls the ballot box read 1231 voters has cast a ballot; the checkers’ lists tallied 1231 voters had received a ballot.
Lorraine Pease, Town Clerk
Commonwealth of Massachusetts
Special Town Meeting
Middlesex, ss:
To: Constable of the Town of Ashby in said County:
Greeting:
In the name of the Commonwealth, you are hereby directed to notify and warn the inhabitants of the Town of Ashby, qualified to vote in elections and town affairs, to meet at the Elementary School Auditorium in said Ashby, Saturday, January 11, 2003 at 9:30 a.m. to act on the following articles:
SPECIAL TOWN MEETING ARTICLES
Article 1. To see if the Town will vote to appropriate the sum of $1,227.73 from Free Cash to the Prior Year Bills account for the purpose of paying prior year bills, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 2. To see if the Town will vote to appropriate the sum of $11,874.71 from Free Cash to the Group Insurance account for the purpose of paying for increases in group insurance costs, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 3. To see if the Town will vote to appropriate the sum of $5,500 from Free Cash to the Audit of Records account for the purpose of paying for increase in the cost of the annual audit, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 4. To see if the Town will vote to appropriate from available funds the sum of $117,786.46, Chapter 90 bond issues, to be used by the Highway Department in accordance with the General Laws, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 5. To see if the Town will vote to appropriate from Free Cash the sum of $5,000 to the Library Building account for the purpose of paying for soil evaluation, perc testing and engineering for a septic system for the Ashby Free Public Library, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 6. To see if the Town will vote to transfer the sums between Highway wage accounts as follows:
from the Highway Superintendent Wages to the Highway Foreman Wages the sum of $52.04;
from the Highway Superintendent Wages to the Equipment Operator Wages the sum of $15.94;
from the Highway Laborer Wages to the Equipment Operator Wages the sum of $83.28;
from the Highway Laborer Wages to the Truck Driver # 1 Wages the sum of $273.87;
from the Highway Laborer Wages to the Mechanic Wages the sum of $76.75;
for the purpose of correcting the Highway wage accounts, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 7. To see if the Town will vote to transfer from the Sale of Lots account the sum of $5,500 to the Cemetery Maintenance account for the purpose of paying for the repair of the Water System at Glenwood Cemetery, or take any action thereon.
Finance Committee action: Approved √ Disapproved No Action
Article 8. To see if the Town will vote to transfer the sum of $3,563.71 to the Town Common Maintenance account from the following accounts:
from the Allen Field Maintenance encumbered account the sum of $363.34;
from the Town Common Maintenance encumbered account the sum of $14.65;
from the Allen Field Maintenance encumbered account the sum of $343.49;
from the Town Common Pump encumbered account the sum of $227.49;
from the Allen Field Supplies encumbered account the sum of $239.45;
from the Town Common Maintenance (A#7) encumbered account the sum of $720.00;
from the Town Common Supplies encumbered account the sum of $155.29;
from the Allen Field Fencing (A#15) encumbered account the sum of $1,000.00;
from the Tennis Court Expenses (A#10) encumbered account the sum of $500.00;
for the purpose of purchasing a new riding lawnmower, or take any action thereon.
Finance Committee action: Approved √ Disapproved No Action
Article 9. To see if the Town will vote to appropriate from Free Cash the sum of $3,000 to the Police Expenses account for the purpose of purchasing, repairing and outfitting a used police cruiser, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 10. To see if the Town will vote to authorize the Selectmen and/or the Fire Chief to apply for, accept and expend an Assistance to Firefighters Grant from the Federal Emergency Management Agency in the amount of $68,031 for the purpose of purchasing air packs, or take any action thereon.
Finance Committee action: Approved Disapproved No Action
Article 11. To see if the Town will vote to appropriate from Free Cash the sum of $7,559 to the Fire Equipment Replacement account for the purpose of paying the Town’s portion of a grant to purchase air packs, or take any action thereon.
Finance Committee action: Approved Disapproved √ No Action
Article 12. To see if the Town will vote to appropriate from Free Cash the sum of $34,000 to the Highway Pickup Truck account for the purpose of purchasing a Highway pickup truck and plow, or take any action thereon.
Finance Committee action: Approved √ Disapproved No Action
Article 13. To see if the Town will hear the report of the Road Discontinuance Committee, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 14. To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase or otherwise as provided by the Massachusetts General Laws on such terms and conditions as are in the Town’s best interest for conservation and passive recreational purposes, a percentage fee interest in certain parcels of land together with any conservation easements thereon, located on Mt. Watatic being the parcels shown on Ashburnham Assessors’ Map 29, Lot 13 and Ashby Assessors’ 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 48.5 acres in Ashburnham and 231 acres in Ashby, together with buildings thereon, consisting of 3 acres, more or less, of land underwater and 276.5 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 described in a deed recorded in the Middlesex South District Registry of Deeds as Instrument No. 513, on July 10, 2002 and in the Northern Worcester County Registry of Deeds, Book 4251, Page 285, which are on file in the offices of the Selectmen and Town Clerk; that said fee interest be conveyed to the Town of Ashby under the provisions of Massachusetts General Laws Chapter 40, Section 8C as it may hereafter be amended and other Massachusetts statutes relating to conservation. Said interest to be controlled by the Conservation Commission of Ashby and to be managed aforesaid Conservation Commission and the Department of Environmental Management and the Department of Fisheries and Wildlife and the Ashby Land Trust Inc. and the Ashburnham Conservation Trust Inc. or such successor organizations as they may have designated 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 so-called Self Help Act (Chapter 132A, Section 11) the Land and Water Conservation Fund 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 the Town of Ashby. Said acquisition and all costs associated therewith to be paid for by gifts and/or grants to the Town or other monies dedicated to open space acquisition, to authorize the Selectmen to petition the General Court for special legislation expressly authorizing the Town of Ashby to acquire such land in joint ownership with the Commonwealth, to authorize the Selectmen to apply to the secretary of environmental affairs to enter into an agreement, along with such agencies of the Commonwealth as may have ownership, pursuant to Massachusetts General Laws, Chapter 21A, Section 20, for the joint administration of this acquisition in accordance with the purposes and requirements of said law, and to authorize the Selectmen and/or the Conservation Commission to convey a conservation restriction to appropriate state agencies or conservation land trusts in consideration of the purchase price, and to authorize the Selectmen and/or the Conservation Commission to apply for, accept and expend any and all grants, gifts, or reimbursements from any source whatsoever, including but not limited to funds available under Massachusetts General Laws, Chapter 132A, Section 11, the so-called Self Help Grant, which they deem appropriate to carry out this acquisition, and further to authorize the Selectmen and/or the Conservation Commission to enter into any and all agreements to execute and any and all documents, in the best interest of the Town, provided however, that all costs associated with said acquisition, including but not limited to any purchase price or damage award be funded by such grants, gifts, reimbursements or other monies dedicated to open space acquisition as said Selectmen and/or Conservation Commission are able to secure for this acquisition and its associated costs, or act in relation thereto.
Finance Committee action: √ Approved Disapproved No Action
Article 15. To see if the Town will vote to raise by borrowing the sum of $250,000 for the purpose of purchasing a percentage fee interest in certain parcel of land located on Mt. Watatic contingent upon the Town’s receipt of grants, gifts or other funds awarded or provided to the Town totaling at least $250,000, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 16. To see if the Town will vote to amend Article IX of the Town By-Laws to renumber Sections 8 and 9 to be Sections 7 and 8, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 17. To see if the Town will vote authorize the Selectmen to petition the Great and General Court of the Commonwealth of Massachusetts to establish a Capital Reserve Fund for the purpose of reserving monies to pay for capital purchase, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 18. To see if the Town will vote to set the maximum amount to be spent from the Ambulance revolving account at $29,190, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
Article 19. To see if the Town will vote to set the maximum amount to be spent from the Solid Waste revolving account at $29,190, or take any action thereon.
Finance Committee action: √ Approved Disapproved No Action
And you are hereby directed to serve this warrant by posting an attested copy in at least three (3) public places in said Ashby fourteen (14) days at least before holding of said meeting. Hereof, fail not, and make due return of this warrant with your doings thereon, to the Town Clerk at the time and place of meeting aforesaid.
Given under our hands this __________day of __________, 2002.
|Janet Flinkstrom, |Peter McMurray, |Gerard Houle, |
|Chair |Procurement |Clerk |
ASHBY BOARD OF SELECTMEN
By virtue of this precept, I have posted three (3) attested copies of the foregoing warrant in three (3) public places in said Ashby at least fourteen days before the time of said Special Town Meeting.
Date:________________________
William Davis
Constable of Ashby
BALLOT FOR ANNUAL TOWN ELECTION
APRIL 28, 2003
SELECTMAN, 3 years
Janet L. Flinkstrom Candidate for re-election
76 Wares Rd.
TAX COLLECTOR, 3 years
Lee T. Mikkola Candidate for re-election
121 Allen Rd.
Anne A. Hayes
499 Jewett Hill Rd.
ASSESSOR, 3 years
Oliver H. Mutch Candidate for re-election
732 Pillsbury Rd.
BOARD OF HEALTH, 3 years
Christopher B. Allen Candidate for re-election
248 South Rd.
PLANNING BOARD, 5 years
Jean Lindquist Candidate for re-election
241 Deer Bay Rd.
CEMETERY COMMISSIONER, 3 years Vote for One
PARK COMMISSIONER, 3 years Vote for One
LIBRARY TRUSTEES, 3 years Vote for no more than three
Alice L. (Sally) Bauman Candidate for re-election
2306 West State Rd.
Peter Homer
83 Flint Rd.
TREE WARDEN, 1 year
Derek Saari Candidate for re-election
615 Main St.
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