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May 1, 2014
Warrant Committee
May 1, 2014
Thirty fourth meeting

Present:        T. Hays, D. Turner, P. Pasquerella, S. Genega, G. Noonan, C. Tougias, J. Schindler, S. McCurdy, C. Cahill, K. Sorgi, S. Loranger

Absent:         N. Bourque, R. Boehler, K. Chase, J. Wilson

Attendees: Matt Dunn, Phil Joehenning, John Rowe, Ned Corcoran, Maggie Oldfield, Josh Oldfield, Alex Whiteside, Annemarie Fagan

Reserve Fund:   $240,372.27

  • Chair Hays called the meeting to order at 7:34 pm in the Carol Blute Conference Room.
  • Chair Hays recognized Alexander Whiteside, Chair of the Planning Board to discuss the new Citizen’s Petition Landscaping Business Article in the Special Town Meeting Warrant. This article is a replacement article to the Citizens petition that was put forth regarding the Thayer Nursery business for the ATM Warrant.
  • After a lengthy discussion hearing from both the residents in the Thayer Nursery neighborhood and the owners of Thayer Nursery a motion was made by Member Turner and seconded by Member Tougias to accept the change recommended by the Planning Board confirming the date in section 4 N as “2012”. 9/0/0
  • On a motion made by Member Tougias and seconded by Member Cahill the Warrant Committee voted 6/4/0 on Article 2 of the STM Warrant RECOMMENDED that the Town vote to amend Section 10 of the General Bylaws, known as the Zoning Bylaws, by adding the following Subparagraph(k) to Section III.A.7:-
        “(K) Landscaping Business Use as provided in Section III. N” and by adding the following Subsection N to Section III:
LANDSCAPING BUSINESS USE
        In a residence zone on a lot or lots on which a landscaping business was being conducted in July 2012, the Planning Board may grant a special permit for landscaping business use on such lot or lots provided that the applicant or applicants or their predecessors in interest on that date held a special permit or use variance issued by the Board of Appeals pursuant to Section III.A.4 and or 6 with regard to all or part of any such lot.  The special permit shall satisfy all requirements specified in this Subsection and may contain other requirements, terms and conditions deemed necessary or appropriate by the Planning Board.  A Special Permit for Landscaping Business Use shall have an initial term of three years, or such shorter period as the Planning Board may determine, and shall be renewable for one or more additional terms of five years, or such shorter period as the Planning Board may determine, with such additional terms and conditions as may be appropriate provided that there has been material compliance with the Special Permit in the prior term.  Upon application by the Building Commissioner during the term or extended term of the Special Permit, the Special Permit may be revoked by the Board of Appeals after hearing in the event of a material violation which has not been promptly cured following notice from the Building Commissioner.
  • Purpose
The purpose of this subsection is to permit the ongoing operations of landscaping businesses, which were in operation on July 2012 and which existed on lots for at least one of which a special permit pursuant to Section III.A.4 and/or 6 or use variance was in force on July, 2012.  This subsection is intended to make the physical layout and the day-to-day operations of each such landscaping business reasonably compatible with the interests of abutters and nearby residents and their rights to reasonable quiet and enjoyment of their properties.  This subsection is intended to provide and require enforceable specifics for the layout and operations of each such landscaping business in order to control dust, noise, light and odor, to promote safety, to reduce inconvenience to neighboring residents, and to establish reasonable limits on the amount of infrastructure, equipment and operations.
  • Definition of Landscaping Business; Permissible Activities
For purposes of this Subsection, a landscaping business is defined as a business concern which operates to construct, install and maintain lawns, trees, yards, shrubs, gardens, patios, related grounds and other outdoor areas which are owned by others.  The landscaping business may own or lease real and personal property, employ employees and may be authorized by special permit to own, lease, operate, and store vehicles and equipment reasonably necessary for business operations.  The landscaping business may be authorized to sell trees, shrubs, sod, seed, loam, mulch and related material and may be authorized to sell stone, stone dust, gravel, pavers, landscape ornamentations, timbers and related materials needed to implement a landscape design.  It may be authorized to sell firewood if substantial sales of firewood occurred in 2012.  It may be authorized to sell Christmas trees and other holiday materials if substantial sales of such occurred in 2012.  It may be authorized to provide snow plowing and snow and ice removal services for third persons, including the Town.  Such authorizations shall be contained in a Special Permit issued by the Planning Board which shall impose reasonable limitations, terms and conditions to implement and attain the purpose of this Subsection.  Any activity authorized by the Planning Board shall be an activity which was conducted in 2012.   Authorization of an activity shall be at the level no greater than the level of that activity existing in 2012 unless there is a reliable showing that a greater level would be consistent with the purpose of this Subsection and cause no adverse effects on abutters or nearby residents.   If necessary to achieve the purposes of this Subsection, a level of activity less than the level in 2012 may be required.
  • Landscaping Services May Exist on a Lot With Other Uses, Including Agricultural, Greenhouse, Nursery and/or Residential
A landscaping business may be located on a lot or lots in conjunction with other uses permissible in a residence district, including residential use, provided that if there shall be any involvement between the landscaping use and another use, the requirements of this Subsection shall apply to that other use.  As used in this Subsection a lot shall be deemed to include all contiguous lots, including lots that may be separated by a road or waterway, under common ownership or lease.  For purposes of this Subsection, an agricultural use is defined in and shall be conducted in accordance with M.G.L. c. 128, s. 1(a), M.G.L. c. 40A, s. 3 and M.G.L. c. 61A; a greenhouse and/or nursery use is defined in and shall be conducted in accordance with Section III, Subsections 4(b) and 7(d).
  • Plans, Rules and Specifications
An application for a Special Permit for Landscaping Business Use shall include the following plans, rules and specifications and such other descriptive text and material as may be specified by the Planning Board.  The plans shall be prepared in a form suitable for recording by a Registered Professional Engineer.  Each plan, rule or specification shall be specifically approved and shall be enforceable as part of the special permit.
  •  Existing Conditions Plan.  This plan shall show the existing site topography, buildings, structures, utility services, water and sewer lines, wells, drainage infrastructure, driveways, landscape, natural features, and areas of use.
  • Deeds and Leases.  Copies of all deeds and leases showing applicants’ interest in the premises proposed for landscaping business use.
  • Wetlands Delineation Plan.  This plan shall show any wetlands existing on site.
  • Drainage Plan.  This plan shall show provisions for drainage and drainage infrastructure for the effective control of stormwater and, insofar as reasonably possible, its retention on site.   Drainage measures shall not cause adverse drainage impacts on neighboring properties.  They shall not increase water flows onto neighboring properties nor create ponding on neighboring properties.
  • Landscape Plan.  This plan shall show landscaping along lot lines designed to present an attractive appearance and to help buffer noise, and shall, as necessary for buffering major sources of noise, include one or more sound-buffering walls or fences appropriately sited and incorporated into an attractive setting and landscaped with vegetation on both sides.  The landscaping plan shall similarly show landscaping designed to help effectively control dust.  The plan shall show all other landscaping to be provided.  Species and size of plants to be provided shall be specified.  Specifications for all fences, walls and sound-buffering landscape structures shall be part of this plan.  Fences and walls shall be at least fifteen (15) feet from lot lines and landscaping shall, at a minimum, be provided in the area within thirty (30) feet of lot lines, provided that a driveway reasonably necessary for safe and efficient circulation of on-site traffic may be in this area.
  • Operations.  This plan shall show the driveways, the loading and unloading areas with specification for the on-site vehicular movements of trucks and other equipment used on site.  Driveways shall not be located within twenty (20) feet of lot lines and shall be further removed whenever reasonably practical.  Loading areas shall not be located within thirty (30) feet of lot lines and shall be further removed whenever reasonably practical.  The plan shall provide for safe and convenient movements of vehicles on-site, minimizing idling equipment, back-up movements, noise and dust.  The plan shall specify procedures for trucks making deliveries and for the on-site operation of the trucks and other equipment used in the business.  The plan shall specify loading procedures for materials to be taken off-site for use in the landscaping business.  The plan shall specify hours of operation for loading, unloading, operations and any other use of noisy equipment.
  • Parking Plan.  This plan shall show the parking spaces for customers, employees, trucks when not in use, and other vehicles when not in use and shall show the storage space for other equipment.  Garages and their layouts for parking and storage shall be shown.  The parking plan shall include a reliable analysis of the number of parking spaces needed for business operations.
  • Building Plans.  This plan shall show all business buildings, storage bins, dumpsters and other business structures, including dimensions, square footage, location, setbacks from lot lines, elevations, utilities, and specification of the business uses to which interior space will be put.  There shall be no new or materially altered business buildings except as may be specifically approved in the Special Permit.  Any new or substantially altered buildings shall be designed by an architect in a traditional style and sited at least 50 feet from any lot line.  A building shall be deemed a business building if all or part of it is used for business purposes.
  • List of Business Activities.  The list shall set out the business activities, including any sales, to be conducted on site with a description of each activity and its anticipated use of facilities on site together with the anticipated extent, times and dates of the activities.
  • Mitigation Plan.  This plan shall specify proposed measures to be taken to control noise, dust and offensive odors in business operations.  The plan shall specifically identify the likely sources of noise, dust and odors and specify effective measures to be taken to reduce and control each source of noise, dust and odor and prevent adverse impacts on nearby residents.  Measures shall include mitigating requirements and restrictions on operations as well as physical changes designed to mitigate impacts.
  • Lighting Plan.  This plan shall show all exterior lighting which shall be designed to provide reasonably necessary lighting while minimizing light overspill onto the neighboring properties and the adjoining streets.   The design of lighting fixtures shall be appropriate to a residential neighborhood.  Light levels shall be low.
  • Street Improvement Plan.  In the event that truck traffic cannot adequately access the business property staying on pavement of the streets providing access, this plan shall propose street improvements to be provided at applicant’s expense to permit safe access by trucks without damage to the street shoulders or adjoining property.
  • Signs.  The location and description of any signs advertising the business shall be specified.   All signs shall be approved by the Town’s Sign Review Committee.
  • List of Vehicles.  The list shall show the number and type of vehicles which were in use at the business premises in business operations on July 1, 2012, and specification of the numbers and type of vehicles proposed for future operations with justification of a need for any increase in number or change of type.  Any new acquisitions shall be chosen with quiet operation as a principal criterion.  The list shall be kept current.
  • Rules.   A list of the rules proposed to be imposed by the Special Permit to ensure that vehicles and equipment are shut off and not left idling when not in use and that employees do their work efficiently and quietly.  Earphones shall be required if radios, CD players or the like are in use by employees.  Loudspeakers and amplified music shall not be used in business operations.
  • Firewood Plan.   In the event that the landscaping business proposes to sell firewood, this plan shall show the specifics of and procedures for firewood operations, including safe and reasonably quiet deliveries to the landscaping business, safe storage of firewood inventory by the business and safe and reasonably quiet loading of trucks making deliveries of firewood to customers.  Firewood operations shall not have any significant dust or odor impacts.  
  • Snow and Ice Removal Plan.  In the event that the landscaping business proposes to sell snowplowing or snow and ice removal services, this plan shall show the specifics of and procedures for snowplowing and snow and ice removal services, including safe and reasonably quiet equipping, loading and dispatch of trucks and on-site activities necessary for provision of the services, including storage of equipment and materials.  
  • Sales Plan.  In the event the landscaping business proposes to maintain a sales office for sale of some or all of the materials listed in Paragraph 2 in conjunction with landscaping services, the plans shall show the specifics of and procedures for such sales.  Any such sales operations shall not be materially different in extent or manner from similar sales conducted in 2012.   The sales office may be operated between the hours of 7:00 A.M. and 6:00 P.M. Monday through Saturday and 9:00 A.M. and 6:00 P.M. on Sunday subject to such reasonable restrictions on sales activities as may be required by the Planning Board.
  • Christmas Trees and Holiday Materials Plan.  In the event that the landscaping business proposes to sell Christmas trees, pumpkins and other holiday materials, this plan shall show the specifics of and procedures of such holiday sales operations, including safe and reasonably quiet deliveries to the landscaping business.  The sales of Christmas trees shall be allowed from the last Friday before Thanksgiving Day to the following January 1 and the hours of such sales may be from 8:00 A.M. to 9:00 P.M.
  • Approval of Plans, Rules and Specifications
As part of a special permit issued under this Subsection, the Planning Board shall approve plans, rules and specifications which the Board deems adequate under each of the foregoing paragraphs.  Insofar as the material submitted by an applicant with the application for a special permit may be inadequate or fail to advance the purpose of this Subsection, the Planning Board shall require its revision.  Once all plans, rules and specifications are determined to be adequate and to advance the purposes of this Subsection, they shall be incorporated into the Special Permit by reference and become enforceable requirements, terms and conditions of the Special Permit.
  • Site Plan Approval By Planning Board.
Site Plan Approval by the Planning Board in the manner and under the procedures and standards of Section VIII.D shall be required for a landscaping business use.  The site plan submitted for approval by the Planning Board shall contain all the plans, rules, specifications, text and material contained in the application for the special permit and such other plans, text and material as the Planning Board may require.
  • Requirements for a Landscaping Business Use.
In addition to the requirements for plans, rules and specifications contained in the previous paragraph and other terms conditions and requirements imposed by the Planning Board, a special permit for landscaping business use shall effectively provide for the following matters:
  • Storage, Loading and Unloading of Materials.
A landscaping business shall have suitable storage facilities for safe storage of non-perishables used in its business, including mulch, loam, stone, stone dust and gravel.  Effective measures shall be taken in the siting and use of these storage facilities to avoid adverse impacts from dust, odors and noise on neighboring properties and residents; such measures shall include: covering or enclosure of dusty or odorous materials; use of safe, efficient and reasonably quiet loading and unloading procedures; siting so as to best avoid adverse impacts, use of abatement procedures; and buffering with vegetation and noise reducing walls and fences.  Such storage facilities shall be located at least forty (40) feet from lot lines.
  • Storage of Fertilizer.
A landscaping business shall have suitable storage facilities for safe storage of fertilizer, other chemical products, fuel and oil used in landscaping operations, provided that reasonable measures are taken in the siting and use of these storage facilities to avoid and remediate spillage and to prevent any fertilizer or chemical product from becoming air born.  Use of fertilizer and chemical products in growing operations shall be in accordance with instructions and regulations and shall not affect neighboring properties.  In no event shall fertilizer or chemical products be stored within thirty-five (35) feet of a lot line. Underground tanks shall not be used for storage.
        (c)  Operators of a Landscaping Business.
Operators of a landscaping business shall be operated by the applicant(s) for the Special Permit or for amendment of the Special Permit.  The operators shall be named in the Special Permit or amendment.  Operators shall have an ownership or leasehold interest in the business premises.  Operators shall be responsible for ensuring that all requirements, terms and conditions of the Special Permit are complied with.  An operator or an authorized representative shall be on site during regular business hours and, if any complaints are received on account of non-compliance with any such requirements, terms and conditions, shall promptly cause such non-compliance to be cured and take appropriate steps to prevent any recurrence.
  • Vehicles.
The operators of a landscaping business may own, lease, operate and maintain vehicles for use in its business.  The Special Permit shall specify the number and type of vehicles which shall be permissible.  The numbers and types of vehicles in use on the business premises on July, 2012 shall be the upper limit for numbers and types of vehicles absent a reliable showing that a higher number or different type would have no adverse impacts and would result in a reduction of overall noise.  All vehicles shall be maintained in proper running order, clean and in good repair.  Back-up horns on vehicles used on site shall be modulated to the minimum level deemed permissible by applicable law.  Any maintenance, repair or cleaning of a vehicle, if performed on site, shall be performed in an enclosed space designated for the purpose.  Vehicles may be used for nursery operations as well as for landscaping operations, but if registration of such vehicles is required, they shall be registered as required by the Massachusetts Registry of Motor Vehicles.  Parking in garages or in areas suitably screened from view from neighboring properties shall be provided for all vehicles used in landscaping operations.  There shall be no outside storage of inoperable vehicles or parts.  Vehicles shall not be left running for more than five minutes when not in use.  Insofar as mufflers can be provided to reduce the noise made by vehicles, mufflers which effectively serve this purpose shall be installed on the vehicles and maintained in good operating order.
(e)  On-site Traffic; Loading; Deliveries.
There shall be safe and convenient movements of vehicles on-site, minimizing idling equipment, back-up movements, noise and dust.  Enforceable procedures shall be specified for trucks making deliveries and for the on-site operation of the trucks and other equipment used in the business.  Enforceable loading procedures for materials to be taken off site for use in the landscaping business shall be specified.  Such loading and use of noisy equipment may occur only between the hours of 8:00 A.M. and 6:00 P.M. Monday through Friday and the hours of 9:00 A.M. and 5:00 P.M. on Saturday unless an earlier start of no more than one hour is shown to be reasonably necessary for the operations of the landscaping business.  There shall be no loading or use of noisy equipment on Sundays, provided that use of equipment for the loading of plant and nursery materials, which are not sold as part of landscaping services, shall be permissible between the hours of 10:00 A.M. and 3:00 P.M. on Sundays.  Deliveries to the business premises shall be scheduled so as to occur on Weekdays between the hours of 9:00 A.M. and 2:00 P.M. and the operators shall take reasonable steps to assure compliance.  With respect to any deliveries made outside of these hours, the operators shall maintain a log available for public inspection stating the type and time of delivery and the reason why it was made out-of-hours.  Routine deliveries of mail, packages and small items shall not be subject to this delivery limitation.
  • Outside Truck Traffic
Streets providing access to the business premises shall be adequate to accommodate the truck traffic to and from the site.  There shall be an approved truck route which trucks shall use.  In the event that a turn on or from pubic streets is necessary the landscape business use shall ensure that the turns can be and are safely and conveniently made on the street pavement without use of the street’s shoulder provided that specific provision may be made in the Special Permit for use and maintenance of a non-paved area of the street for such turns.  Any damage to street shoulders or adjoining property by trucks accessing or egressing the business premises shall be promptly repaired by the operators.  The operators shall take appropriate measures to ensure that street shoulders adjoining the business are well maintained and kept in a non-dusty condition.  Provision shall be made to ensure that trucks making deliveries of materials, plants, firewood or Christmas trees and other holiday materials do not park on public streets in Milton or stop on the public streets adjoining the business premises prior or subsequent to such deliveries.
  • Dumpsters
A landscaping business may use dumpsters as shown on the Landscape Plan in the manner specified by the Operations Plan.  Dumpsters shall be screened by fences and landscaping as shown.  Movement or emptying of dumpsters shall occur between 10:00 A.M. and 2:00 P.M.  All dumpsters shall be in good condition and emit no dust or odors.  Noise from the use of dumpsters shall be at a low level.
  • Notice and Procedure for Decision
The notice and procedural requirements set out in Section IX.B and C and the standard to be used in rendering a decision set out in Section IX.C shall apply to special permits for a landscaping business use.  Under this Subsection the Planning Board may grant a Special Permit for Landscaping Business Use where it finds compliance with the purpose of this Subsection and with all of the foregoing terms, conditions, standards and requirements and finds that the landscaping business use will not cause any substantial detriment to the neighborhood or to the intent of the bylaw.  A special permit may be made subject to such terms and conditions as the Planning Board may find necessary or appropriate.

  • Decision
The special permit issued by the Planning Board shall be recorded with the Registry of Deeds by the Applicant at the Applicant’s expense within thirty days after the Town Clerk has certified that the time for appealing the special permit has expired.  A copy of the recorded document with recording information shall be provided to the Town Planner promptly after recording.  The special permit shall remain in effect during its term (unless revoked) for as long as the land and landscaping business use is operated by the permittee in accordance with the special permit.  In the event that the land and business is transferred to a third party and said third party shall seek to continue operation of the landscaping business use then a new special permit application shall be required and the Planning Board may issue a new special permit in accordance with the provisions of this Subsection.

  • On a motion made by Member McCurdy and seconded by Member Pasquerella the Warrant Committee voted unanimously to adjourn at 10:32 pm. 10/0/0
Reserve Fund:   $240,372.27

Respectfully submitted,
Tricia Cahill, Warrant Committee Clerk