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August 28, 2013
Warrant Committee
August 28, 2013
Third meeting

Present:        T. Hays, C. Cahill, G. Noonan, S. Genega, K. Sorgi, C. Tougias, K. Chase, P. Pasquerella, D. Turner

Absent:         N. Bourque, R. Boehler

Attendees:      Joseph Prondak, Alex Whiteside, William Clark

Reserve Fund:   $250,000.00

  • Chair Hays called the meeting to order at 7:38 pm in the Cronin Conference Room Town Hall.  
  • Chair Hays recognized Alex Whiteside, Chair of the Planning Board to discuss the Warrant Articles for the Fall 2013 Town Meeting submitted by the Planning Board.
  • On a motion made by Member Genega and seconded by Member Pasquerella the Warrant Committee voted 8/0/0 to recommend that the town vote to amend Section VIII Chapter 10 of the General by-laws, known as the Zoning By-laws as follows:
Section VIII.   Administration.
                A.      Enforcement.
                1.      The Building Commissioner shall enforce the provisions of this bylaw. If the Building Commissioner shall be informed or have reason to believe that any provision of this bylaw or of any permit or decision thereunder has been, is being, or is about to be violated, he shall make or cause to be made an investigation of the facts, including the inspection of the premises where the violation may exist, and, if he finds any violation, he shall give immediate notice in writing to the owner or his duly authorized agent and to the occupant of the premises.
                2.      If, after such notice, such violation continues, with respect to any use contrary to the provisions of this bylaw, the Building Commissioner shall forthwith revoke any permit issued in connection with the premises, and shall take such other action as is necessary to enforce the provisions of this bylaw.
                3.      Where a special permit from or relief by the Board of Appeals or Planning Board is required pursuant to the provisions of this bylaw, or where an appeal from an order or decision of an administrative officer, or an appeal or petition involving a variance is pending, the Building Commissioner shall issue no building permit until so directed in writing by said Board.
                B.      Submission of Plots.
All applications for building permits shall be accompanied by a plot in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the streets upon which it abuts, the size and location of the building or buildings to be erected or altered, and such other information as may, in the opinion of the Building Commissioner, be necessary for the enforcement of this bylaw.  A careful record of such applications and plots shall be kept in the office of the Building Commissioner.  Deviation from the terms and dimensions shown on the plot shall constitute violation of the terms of the permit.
  • Chair Hays recognized Joe Prondak, Building Commissioner to discuss item #7 of the Fall 2013 Town meeting articles regarding Penalties for Zoning Violations.
  • On a motion made by Member Tougias and seconded by Member Genega the Warrant Committee voted 5/3/0 to recommend that the town vote Town will vote to amend Chapter 10 of the General By-laws, known as the Zoning By-laws, by adding the following sentence at the end of Section XI.A, Section XI. B., and Section XI.C:
“Each day that such violation continues shall constitute a separate offense.”
“Section XI.   Penalty.
A.      Any person, firm or corporation who violates, disobeys, neglects, or refuses to comply with Section III.B.l.(a) or (b) of this By-law shall be fined in a sum not to exceed fifty dollars ($50.00) for each offense.  Each day that such violation continues shall constitute a separate offense.
B.      Any person, firm or corporation who violates, disobeys, neglects, or refuses to comply with any other provisions of this By-law shall be fined in a sum not to exceed three hundred dollars ($300.00) for each offense.  Each day that such violation continues shall constitute a separate offense.
C.      Any person, firm or corporation who violates any provision of this By-law, the violation of which is subject to a specific penalty, may be penalized by a noncriminal disposition in accordance with Chapter 40, Section 21D of the Massachusetts General Laws. A noncriminal disposition under this subsection C shall not preclude further judicial proceedings regarding continuing violation of the Zoning Bylaws beyond the date of said noncriminal disposition.
Each violation of Section III.B.l.(a) or (b) of this By-law shall be punishable by a fine not to exceed fifty dollars ($50.00) for each offense.  Each violation of any other provision of this By-law shall be punishable by a fine not to exceed three hundred dollars ($300.00) for each offense.
Each day that such violation continues shall constitute a separate offense.”;
and to act on anything relating thereto.
  • After discussion with Mr. Prondak regarding the article pertaining to a Municipal Lien item #8, the Warrant Committee deferred the vote on the recommendation of this article until more information is provided to the Warrant Committee.
  • Chair Hays recognized William Clark, Town Planner to discuss the article pertaining to Signs, item # 9 of the Fall 2013 Town Meeting. Mr. Clark will provide additional information at another meeting, the vote for recommendation was deferred to a later meeting.
  • Chair Hays thanked Mr. Whiteside, Mr. Prondak and Mr. Clark for attending the Warrant Committee meeting.
  • The Warrant Committee discussed the appointment of the committee’s member to the Capital Improvement Planning Committee. On a motion made by Member Tougias and seconded by Member Genega the Warrant Committee voted to make Kevin Sorgi the Warrant Committee representative on the Capital Improvement Committee. 8/0/0
  • On a motion made by Member Genega and seconded by Member Pasquerella the Warrant Committee voted unanimously to adjourn at 10:20 pm. 8/0/0

Reserve Fund:   $250,000.00

Respectfully submitted,
Tricia Cahill, Warrant Committee Clerk