Town of Saugus, MA - ATM

ATM - MAY 18, 2009

ANNUAL TOWN MEETING

MINUTES

MAY 18, 2009

Town Moderator, Robert J. Long, called the second session of the 2009 Annual Town Meeting on May 18, 2009 to order at 7:34 p.m. at the Town Hall Auditorium, 298 Central Street, Saugus, MA with 39 members, plus the moderator present.

The Moderator led the meeting in the salute to the Flag.

Town Clerk, Joanne Rappa, called the roll.

Atkinson, Ronald	X	Long, Robert	X
Attubato, Joseph	X	Lopresti, Anthony J.	X
Barressi, Sal	A	Malone, Barbara J.	X
Bartolo, Jean M.	X	Maltais, Sean A.	X
Billingsley, Stacy A.	X	Manoogian, Peter Z., Sr.	X
Boesel, Edward S.W.	X	McCarthy, Stephen F.	A
Connors, Arthur D., Jr.	A	Merrifield, Henry F.	X
Dever, Maureen P.	X	Moschella, Dennis J.	X
Devlin F. Ann	X	Moses, Jeffrey D., Sr.	X
DiNardo, Albert J.	X	Nelson, Stephen A.	X
Dockery, Michael	X	Nicosia, Nicola M.	X
Faiella, Ellen L.	X	Nuzzo, Richard	A
Falasca, Thomas A.	X	Palczynski, Joseph, Jr.	X
Flynn, Patrick M.	A	Politano, Kimberly A.	X
Gill, Charles F.	X	Rodenhiser, Joyce C.	X
Goodwin, Pamela J.	X	Serino, Angelo, Jr.	X
Grabowski, Arthur	X	Smith, James F., Jr.	X
Groark, Laura Z.	X	Smith, Rick A.	X
Hansen, John N.	X	Stewart, Thomas	X
Hawkes, Timothy R.	X	Sullivan, Betty Ann	X
Hoffman, Robert D.	A	Sweezey, Stephen D.	X
Johnson, Patricia Anne	A	Valente, Anthony	A
Jones, William R.	X	VanSteensburg, Paul J., II	A
Lawrence, Raymond	X	Vecchio, Matthew J.	A
Leuci, Janet	X	Witten, Margaret H.	X

With 40 members, including the Moderator present, a quorum is met.

Joyce Rodenhiser from precinct one and Edward S. W. Boesel from precinct nine were appointed and sworn as tellers.

Moderator Long explained that Thomas Stewart, from precinct four, would, as a courtesy, be making motions this evening.

Tellers distributed handouts as well as a copy of the proposed Charter, which will be voted on in November.

Moderator Long stated that he anticipated getting through Articles 14, 19, 20, 21, 22, 24, 25, 30 and 31 which will be combined into one article, and Articles 32 and 33.

Article 1. Reports of Committees.

Town Manager Bisignani gave an update regarding the state aide situation, stating that although things look rather grim at this point, with the help of the Finance Committee, the Board of Selectmen and the Town Moderator, the town has stayed focused and current with the resources that are available at this time and as the situation changes, necessary adjustments will be made and hopefully a final document will be available within two weeks.

Robert Palleschi, Chairman of the Finance Committee, spoke of his frustration, as the town is working so hard to dig out of a financial hole, while the state keeps putting us deeper in debt. The Finance Committee is hopeful that they will have budget recommendations in plenty of time for review prior to Town Meetings vote.

Mr. Stewart, as a courtesy, makes a motion to take articles 14, 19, 20, 21, 22, 24, 25, 30, 31, 32 and 33 out of order.

Seconded at 7:50 p.m.

Vote to take the Articles out of order.

Yeas: 39 Nays: 0 at 7:50 p.m.

Articles 14, 19, 20, 21, 22, 24, 25, 30, 31, 32, and 33 are voted to be taken out of order at 7:50.5 p.m.

Mr. Stewart moves, as a courtesy, Article 14.

Seconded at 7:51 p.m.

Article as written:

Article 14. To see if the Town will vote to raise and appropriate a sum of money for the purpose of highway construction, reconstruction and improvements. These funds will be reimbursable under the provisions of General Laws, Chapter 90, Section 34, Clause 2(a). (Town Manager)

Mr. Manoogian makes a motion to “amend Article 14 by adding after the word “improvements” and that $81,953.00 or 18% of said amount will be used for sidewalks and/or handicap ramp upgrades or compliance.”

Seconded at 7:52 p.m.

Manoogian amendment passes by unanimous voice vote at 7:52.5 p.m.

Article as voted:

Article 14. Voted to raise and appropriate a sum of $455,294.00 for the purpose of highway construction, reconstruction and improvements and that $81,953.00 or 18% of said amount will be used for sidewalks and/or handicap ramp upgrades or compliance. These funds will be reimbursable under the provisions of General Laws, Chapter 90, Section 34, Clause 2(a).

Yeas: 39 Nays: 0 at 7:53 p.m.

Article 14 passed as amended.

Mr. Stewart moves, as a courtesy, Article 19.

Seconded at 7:54 p.m.

Article as written:

Article 19. To see if the Town will vote to raise by borrowing a sum of money from the Massachusetts Water Pollution Abatement Trust or otherwise for capital improvements to the Town’s sanitary sewer system, including all costs thereof, as defined in Section 1 of Chapter 29C of the Massachusetts General Laws as amended. (Town Manager)

Article as voted:

Article 19. Voted to raise by borrowing, the sum of $2,950,000.00 from the Massachusetts Water Pollution Abatement Trust or otherwise for capital improvements to the Town’s sanitary sewer system, including all costs thereof, as defined in Section 1 of Chapter 29C of the Massachusetts General Laws as amended.

Yeas: 39 Nays: 0 at 7:55 p.m.

Article 19 passed as recommended by the Finance Committee.

Mr. Stewart moves, as a courtesy, Article 20.

Seconded at 7:55 p.m.

Article as written:

Article 20. To see if the Town will vote to appropriate a sum of money for rehabilitation of Lobsterman’s Landing Park including demolition, repair and/or replacement of floats, gangways, doors, refrigeration and curbing, parking lot repairs, installation of security cameras and replacement of piers; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto. (Town Manager)

Article as voted:

Article 20. Voted to raise by borrowing, the sum of $250,000.00 for rehabilitation of Lobsterman’s Landing Park including demolition, repair and/or replacement of floats, gangways, doors, refrigeration and curbing, parking lot repairs, installation of security cameras and replacement of piers.

Yeas: 34 Nays: 0 at 7:55.5 p.m.

Article 20 passed as recommended by the Finance Committee.

Mr. Stewart moves, as a courtesy, Article 21.

Seconded at 7:56 p.m.

Article as written:

Article 21. To see if the Town will vote to raise and appropriate a sum of money to pay for the construction and installation of a new water line in partnership with the MWRA from the Lynnfield town line to the Lynn Fells Parkway on the southbound side of Rte 1; to determine whether this appropriation shall be raised by borrowing or otherwise, or to take any other action relative thereto. (Town Manager)

Mr. Manoogian was interested in finding out how many businesses and residences will be affected and asked what would be covered with the cost.

Town Manager Bisignani stated that the $2,100,000.00 would cover the entire project but didn’t have exact numbers as to how many properties will be affected. Mr. Manoogian made a request that it be documented in the minutes that Mr. Bisignani confirmed, “The old line will be abandoned as a result of this project”.

Timothy Hawkes asked if sidewalk improvements on Route One will be addressed, to which Town Manager Bisignani stated that sidewalks would not be addressed, only sewer lines. However, all sidewalks will be brought back to their original conditions upon completion of the project.

Article as voted:

Article 21. Voted to raise by borrowing, the sum of $2,100,000.00 to pay for the construction and installation of a new water line in partnership with the MWRA from the Lynnfield town line to the Lynn Fells Parkway on the southbound side of Rte 1.

Yeas: 39 Nays: 0 at 8:01 p.m.

Article 21 passed as recommended by the Finance Committee.

Mr. Boesel moves Article 22 as written.

Seconded at 8:03 p.m.

Article as written:

Article 22. To see if the Town will vote to establish a revolving fund pursuant to M.G.L. Chapter 44 section 53E ½ for the purpose of collecting and expending revenues from parking ticket violations. Said funds shall be expended by the Town Manager, not to exceed the total amount of $25,000.00, only for the purpose of contractually administering the issuance of parking tickets, and the collection of the fines there from. (Town Manager)

Mr. Sweezey moves to amend Article 22 as written by striking out the entire motion and substituting “To see if the Town will vote to authorize the Collector Treasurer, with the approval of the Town Manager, to enter into contracts to collect amounts owed to the Town for parking ticket violations and to pay for services under such contracts from the revenues received from parking ticket violations.”

Seconded at 8:04 p.m.

Mr. Stewart moves to refer Article 22 back to the Town Manager.

Seconded at 8:04.5 p.m.

Steven Sweezey, Jean Bartolo, Arthur Grabowski, Albert DiNardo, Town Manager Bisignani and Peter Manoogian all spoke regarding Article 22.

Vote came on Sweezey Amendment.

Yeas: 28 Nays: 10 at 8:20 p.m.

Sweezey Amendment passed, which now becomes the Main Motion.

Mr. Manoogian moves to amend Article 22 by adding, “that no such service shall exceed $5.00 (five dollars) per outstanding ticket.

Seconded at 8:21 p.m.

Mr. Boesel, Mr. Manoogian, Maureen Dever and Andrew Bisignani all spoke on the article.

Vote came on Manoogian Amendment.

Yeas: 21 Nays: 14 at 8:28 p.m.

Manoogian Amendment passed.

Vote came on referral back to the Town Manager.

Yeas: 1 Nays: 36 at 8:29 p.m.

Article 22 is NOT referred back to the Town Manager.

Article as voted:

Article 22. Voted to authorize the Collector Treasurer, with the approval of the Town Manager, to enter into contracts to collect amounts owed to the Town for parking ticket violations and to pay for services under such contracts from the revenues received from parking ticket violations and that no such service shall exceed $5.00 (five dollars) per outstanding ticket.

Yeas: 36 Nays: 0 at 8:30 p.m.

Article 22 passed as amended.

Mr. Stewart moves, as a courtesy, Article 24.

Seconded at 8:30.5 p.m.

Article as written:

Article 24. To see if the Town will vote to amend the Town By-Laws, Section 602.2 F by deleting in its entirety and insert the following:

Fees for False Alarms

In consideration of the services to be provided by the Police Department, each alarm owner agrees to pay a fee to the Town of Saugus in the event of false alarms based upon the following schedule:

Two false alarms in a calendar year……………………….allowed

Third false alarm in a calendar year……………………….$50.00

Fourth and fifth false alarm in a calendar year……………$100.00/per

Sixth and subsequent false alarms in a calendar year……..$200.00/per

The Police Department shall provide written notification to the user of assessment of set fees and payment shall be made to the Town of Saugus through the Police Department with ten (10) days of receipt of notification of said assessment. Failure to pay set fees within thirty (30) days of assessment shall result in additional late fees of $5.00 demand fee as well as a 12% of outstanding balance. If not paid within 15-day period, an additional $25.00 late fee shall apply for each 30-day period.

(Domenic J. DiMella, Chief of Police)

Article as voted:

Article 24. Voted to amend the Town By-Laws, Section 602.2 F by deleting in its entirety and insert the following:

F. Fees for False Alarms

In consideration of the services to be provided by the Police Department, each alarm owner agrees to pay a fee to the Town of Saugus in the event of false alarms based upon the following schedule:

Two false alarms in a calendar year……………………….allowed

Third false alarm in a calendar year……………………….$50.00

Fourth and fifth false alarm in a calendar year……………$100.00/per

Sixth and subsequent false alarms in a calendar year……..$200.00/per

Yeas: 39 Nays: 0 at 8:31 p.m.

Article 24 passed as recommended by the Finance Committee.

Mr. Stewart moves, as a courtesy, Article 25.

Seconded at 8:34 p.m.

Article as written:

Article 25. To see if the Town will vote to amend the Town By-laws by inserting the following new section under Police Regulations.

Prohibiting the Consumption or use of Marijuana in Public Places.
. No Person shall smoke, ingest or otherwise use or consume marijuana, or tetrahydrocannabinol (THC). (As defined in GL Chapter 94c Section 1., as amended.)

This regulation shall apply to persons while on, in or upon any public way, upon any way in which the public has a right of access, in any place to which members of the public have access as invitees or licensees, in any park or playground, conservation area or recreation area, cemetery, parking lot, or any area owned or under the control of the Town of Saugus; or in or upon any bus or other passenger conveyance operated by a common carrier or on private land or place without consent of the owner of person in control thereof.

Any person found in violation of this section may be arrested without a warrant by any officer authorized to serve criminal process, additionally any evidence seized at the time of the violation shall not need testing or certification. As with all civil infractions, in any hearing before a Magistrate, the standard of proof is the preponderance of the evidence and strict rules of evidence need not be applied.

Any vehicle used, or under the control of any person found to be in violation of this section may be towed at the expense of the owner and under the direction of the Police Department.

Those persons found in violation of this bylaw shall forfeit and pay for each offense a fine of Three Hundred ($300.00) dollars. (Stephen Sweezey)

Arthur Grabowski asked if this means someone can give permission to smoke on private property. The answer to which, is yes.

Maureen Dever moves to refer Article 25 to the next Annual or Special Town Meeting.

Seconded at 8:36 p.m.

Mr. Boesel asked for interpretation by Town Counsel Vasapolli. Mr. Vasapolli stated that this was in response to new legislation regarding the consumption of marijuana in public places and if passed, it would be subject to approval by the Attorney General.

Mr. Moses asked why no testing would be necessary on the substance found as evidence, to which Mr. Sweezey responded that this all stems from decriminalization of less than one ounce of marijuana and the cities and towns local options. Mr. Sweezey noted that several communities within the state have already passed this local option.

Mr. Boesel, Mr. Manoogian, and Rick Smith all spoke on Article 25. Maureen Dever stated that she offered this referral so the maker can look into the matter further, and asked for support of referral of the Article.

Vote came on Referral of Article 25.

Yeas: 18 Nays: 18 at 8:50 p.m.

As this is a tied vote, the Moderator votes in Favor of Referral, therefore the final vote stands at:

Yeas: 19 Nays: 18 at 8:50 p.m.

Article 25 is voted to refer back to the next Special or Annual Town Meeting.

Moderator Robert Long explained that Articles 30 and 31, which both have Planning Board recommendations of passage, inadvertently got separated into two articles on the warrant and asked if there is any opposition to hearing these two articles as one article? Seeing no opposition, Mrs. Leuci moves Article 30.

Seconded at 8:53 p.m.

Mrs. Leuci moves to amend Article 30 by inserting the entire contents of Article 31 with the exception of the first two lines, “To see if the Town will vote to amend the Zoning By-law of the Town of Saugus by inserting the following new section” at the end of paragraph (1) following the words, “Local Initiative Program for Accessory Apartments.

Seconded at 8:53.5 p.m.

Article 30 as amended will read as follows:

Article 30. To see if the Town will vote to amend the Zoning By-law of the Town of Saugus:

by adding a new Article XII Special Permits and Conditions, 12.4, Paragraph I entitled Accessory Dwelling Units to enable owner occupants of single family homes to provide safe, decent, and affordable housing that meets the changing needs of the Saugus community while protecting the character and property values of the Town’s single family residential neighborhoods; to provide an opportunity for family members who choose to live in proximity, but separate from other family members; to provide homeowners with a means of obtaining rental income, companionship, and/or security, thereby enabling them to remain more comfortably in homes and neighborhoods they might otherwise be forced to leave; to provide housing for persons with disabilities; and to provide affordable rental property in the Town of Saugus that meets the regulations of M.G.L. Chapter 40B, 20-23 and 760 CMR 56.00, Local Initiative Program for Accessory Apartments.

ARTICLE XII – SPECIAL PERMITS AND CONDITIONS

12.4 § I. ACCESSORY DWELLING UNITS

GENERAL REQUIREMENTS

Purpose
The purpose of this Bylaw is to enable owner occupants of single family homes to provide:
Safe, decent, and affordable housing that meets the changing needs of the Saugus community while protecting the character and property values of the Town’s single-family residential neighborhoods.
An opportunity for family members who choose to live in proximity, but separate from other family members;
Homeowners with a means of obtaining rental income, companionship, and/or security, thereby enabling them to remain more comfortably in homes and neighborhoods they might otherwise be forced to leave;
Housing for persons with disabilities;
Affordable rental property in the Town of Saugus that meets the regulations of M.G.L. Chapter 40B, § 20 to 23 and 760 CMR 56.00, Local Initiative Program for Accessory Apartments.

This Bylaw shall achieve these goals by providing owner-occupants of single-family homes with the option of creating two categories of Accessory Dwelling Units: family units and affordable units.

Definitions
Accessory Dwelling Unit
An Accessory Dwelling Unit is a self-contained housing unit incorporated within a single-family dwelling, (not within accessory structures in accordance with this By-law) that is clearly a subordinate part of the single-family dwelling and complies with the criteria stated in the following subsections.
Deed-Restricted Accessory-Dwelling Units (Affordable)
An Accessory Dwelling Unit designated for households earning at or below 80% of the Area Median Income for the Boston MSA, carrying a deed-restriction ensuring the unit’s affordability to said households using affirmative marketing and outreach to households in need following M.G.L. Chapter 40B, 20-23 and 760 CMR 56.00, Local Initiative Program for Accessory Apartments.
Family Accessory Dwelling Unit
For the purposes of carrying out the intent of this by-law, family accessory dwelling units shall be designated for one or more persons related to the primary owner-occupant, specifically: parents, grandparents, children and their respective spouses, grandchildren, siblings, nieces, nephews, aunts, and uncles.
Primary Residence
A dwelling where the owner-occupant has a true, fixed, and permanent home and principal establishment, and occupies it for a major portion of a calendar year, except for bona-fide temporary absences.
Applicability
An accessory dwelling unit shall be permitted in the Residential A - Single Family R-1 and Residential B - Single Family R-2 districts only when added to an existing dwelling unit and does not increase the existing building footprint. All accessory dwelling units shall meet the same criteria, except relative to those with restrictions under M.G.L. Chapter 40B§ 20 to 23 and 760 CMR 56.00, Local Initiative Program for Accessory Apartments.

PROCEDURES

Use and Dimensional Regulations for both Family and Deed-Restricted Accessory Dwelling Units
Accessory Dwelling Units, both Family and Deed-Restricted, created under this by-law shall require a special permit from the Board of Appeals.
The Board of Appeals may issue a special permit authorizing the installation and use of an accessory dwelling unit within existing owner occupied dwelling units when the following conditions are met:

The unit will be a complete, separate housekeeping unit containing both a kitchen and bath.
Only one (1) accessory dwelling may be created within a dwelling.
The lot on which the accessory dwelling unit is located shall have a minimum lot size of ten thousand (10,000) square feet.
The owner(s) of the residence in which the accessory dwelling unit is created must continue to occupy at least one of the dwelling units as their primary residence, except for bona fide temporary absences.
The accessory dwelling must be designed so that the appearance of the building remains unchanged, and there shall be no change to the front façade of the dwelling. Unless otherwise required by the State Building Code, any new exterior stairs needed to provide primary or secondary means of egress for the accessory dwelling unit shall be located on the side or rear of the building.
The gross floor area of an accessory unit shall not be greater than nine hundred (900) square feet or thirty-three (33) percent of the total square footage of the primary dwelling unit, whichever is greater. The unit may not be enlarged beyond the square footage allowed by this Bylaw unless the Board of Appeals, after making findings of fact that support the decision, approve modifications that will not exceed the use and dimensional regulations of this by-law by more than ten (10) percent.
An accessory dwelling unit may not be occupied by more than three (3) people nor have more than two (2) bedrooms.
The construction of any accessory dwelling unit must be in conformity with the State Building Code, Title V of the State Sanitary Code and the requirements of local, state, and federal fire and life safety codes, regulations and standards as determined by the Saugus Fire Department, and other local By-laws and regulations.
A parking plan showing that off-street parking spaces shall be available for use by the owner-occupant(s) and tenants shall be submitted to the Board of Appeals. Two private off-street parking spaces shall be available for use by occupants of the accessory dwelling.
In order to encourage the development of housing units for disabled individuals and persons with limited mobility, the Board of Appeals may allow reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility.

Family Accessory Dwelling Units
In addition to Section 1) above, family accessory dwelling units shall comply with the following:
Upon filing an application for a special permit, the owner-occupants of single-family dwelling units shall also submit a signed affidavit denoting familial status with the Board of Appeals.
The owner-occupant shall annually re-certify the status of occupants and family status with the Building Inspector. The property owner shall be required to notify the Building Inspector of a change of tenants at any time during the twelve-month period within thirty calendar days of said change.
The use shall lapse in the event of changed or transferred ownership of the primary unit and the owner shall record with the Registry of Deeds a notice of cancellation of the special permit. The property owner shall file a copy of said notice of cancellation with the Board of Appeals.
Deed-Restricted Accessory-Dwelling Units
The purpose of this section is to satisfy an immediate need for more rental housing units in the Town of Saugus that meets the regulations of the M.G.L. Chapter 40B, § 20 to23 and 760 CMR 56.00, Local Initiative Program for Accessory Apartments and provides a means of renting accessory apartments that are not used for family members.
All affordable Accessory Dwelling Units shall comply with Section 1 Use and Dimensional Regulations.
A special permit from the Board of Appeals shall be required for an Affordable Accessory Unit. The applicant shall show to the satisfaction of the Board of Appeals that the applicant has complied with or will comply with the requirements set forth in (c), below.
Applicants will be required to demonstrate to the satisfaction of the Zoning Board of Appeals compliance with all requirements set forth in M.G.L. Chapter 40B, § 20 to 23 and 760 CMR 56.00, Local Initiative Program for Accessory Apartments during the special permit process, including:

Execution by the owner(s) of a Regulatory Agreement for Affordable Accessory Apartment Projects and a declaration of restrictive covenants.
Said regulatory agreement and declaration of restrictive covenants shall further provide that for as long as the special permit remains in effect, the property shall be subject to the terms, conditions and restrictive covenants contained therein.
Said regulatory agreement with the Town shall provide that upon receipt by the owner(s) of a special permit from the Board of Appeals, the owner(s) shall execute and record in the Essex South District Registry of Deeds or file with the Registry District of the Land Court forthwith said regulatory agreement and declaration of covenants. The owner shall provide a copy of the recorded regulatory agreement and declaration of restrictive covenants to the Board of Appeals prior to the issuance of a building permit.
Said regulatory agreement with the Town shall provide that the lease may be terminated at anytime, but in all cases the owner must provide an existing tenant at least 60 (sixty) days prior written notice that a lease will not be renewed. If the owner desires to terminate the special permit, the owner shall give written notice to the Board of Appeals and shall file a notice of cancellation with the Registry of Deeds or Land Court.

Administration and Enforcement

The Town Manager shall appoint a Local Project Administrator to administer Affordable Accessory Dwelling Units (deed-restricted) as required by 760 CMR 56.00, Local Initiative Program for Accessory Apartments.

It shall be the duty of the Building Inspector to enforce the provisions of this Bylaw for both family and affordable (deed-restricted) accessory dwelling units as follows:

No building shall be constructed or changed in use or configuration until the Building Inspector has issued a permit. No accessory dwelling unit shall be occupied until a certificate of occupancy has been issued by the Building Inspector where required.
The Building Inspector shall refuse to issue any permit, which would result in a violation of any provision of this by-law or in violation of the conditions or terms of any Special Permit or variance granted by the Zoning Board of Appeals or its agent.
Construction or use according to a building permit or special permit shall conform to any subsequent amendment of this section unless the construction or use is begun within a period of not more than six (6) months after the issuance of a permit granted before the effective date of the amendment. To qualify for this exemption, construction must be completed in a continuous and expeditious manner.
The primary homeowner unit must remain owner-occupied, continuing to occupy at least one of the dwelling units as their primary residence for a minimum of one hundred eighty-five (185) days per calendar year. Under no circumstance may both the primary and accessory unit be simultaneously occupied by tenants.
There shall be no boarders or lodgers within either the primary dwelling or accessory dwelling unit.
The use of any accessory living area without the documentation required by this By-law must be discontinued or the fines outlined in the Saugus Zoning Bylaw §10 shall apply.
The Saugus Zoning Bylaw §10 shall be applied in the event of violations, prosecution of violations, and building fees.
Appeals shall refer to the procedures in the Saugus Zoning Bylaw §11.4.
Accessory dwelling units created under this Bylaw shall not be sold separate or apart, as a condominium, from the principal structure to which it is an accessory use.
by amending Article 5, Table of Use and Parking Regulations by adding a new use, no.11, under Accessory Use as follows:

R-1

R-2

R-3

R-4

B-1

B-2

B-3

I-1

I-2

F.P.

F.P.-F

Parking Code

11. Accessory Dwelling Unit

S-1

Copies of the proposed Zoning By-law amendment are available for review in the office of the Town Clerk. (Affordable Housing Committee)

Mr. Stewart moves Article 30, as amended, which now contains the contents of Article 31.

Seconded at 8:55 p.m.

Mrs. Leuci discussed the article and noted how grateful she and the Committee are to the Fire Chief and Building Inspector for their input and interest in this by-law, which will help secure safe, decent housing for families that may be experiencing difficulties. Mrs. Leuci noted that the town of Saugus is the 30^th in the state for foreclosures at this time.

Mrs. Leuci also stated that she wanted to give her thanks to all members of the committee for their hard work and patience over the past three years, noting that their efforts have been rewarded as they have applied for and received three related grants. Mrs. Leuci asked for support of Article 30 as amended.

Mr. Peter Rossetti noted that this by-law started out a few years ago with the study of in-law apartments and will help with the 40B’s, safety issues and most importantly allow families to stay together and remain in Town.

Arthur Grabowski voiced his opposition to the article.

Fire Chief Blanchard asked for support of the article. Edward Boesel, F. Ann Devlin, Peter Manoogian, and Selectman Steven Horlick all spoke in favor of the article.

Mr. Henry F. Merrifield made a motion to serve notice of reconsideration on Article 25 at 9:26 p.m.

Moderator Long noted that notice should have been given within one half hour of passage of the article, and since Article 25 was voted on at 8:50 p.m., the time to move reconsideration has passed.

Point of privilege came by Mr. William Jones, asking if there was any other way Article 25 could be taken up again tonight, whereas Mr. Long replied that in accordance with town by-laws, the simple answer is no, Article 25 can not be taken up again this evening.

Discussion on Article 30 continued with Catherine Galenius, Chairman of the Zoning Board of Appeals for over 20 years, speaking in favor of the article; stating that she has waited many years to see this article finally come to life and asks members to support it.

Mrs. Leuci asked 14 other members to stand with her for a roll-call vote for both the amendment and final vote of Article 30.

Fourteen others standing, roll call votes ordered.

Florence Chandler, member of the Affordable Housing Committee, spoke in favor of the article, noting that sometimes, bad things happen to good people. All our lives and fortunes hang by a spiders thread, and this by-law is designed for those who need help and the Town must recognize this need.

Jeff Moses spoke in favor of the article and asked if existing non-complying structures will be grandfathered, to which Ms. Leuci stated that anything illegal will not be grandfathered in.

The vote came on Mrs. Leuci’s amendment to Article 30 to include Article 31.

Atkinson, Ronald	Y	Long, Robert	P
Attubato, Joseph	Y	Lopresti, Anthony J.	Y
Barressi, Sal		Malone, Barbara J.	Y
Bartolo, Jean M.	Y	Maltais, Sean A.	Y
Billingsley, Stacy A.	Y	Manoogian, Peter Z., Sr.	Y
Boesel, Edward S.W.	Y	McCarthy, Stephen F.
Connors, Arthur D., Jr.		Merrifield, Henry F.	Y
Dever, Maureen P.	Y	Moschella, Dennis J.	Y
Devlin F. Ann	Y	Moses, Jeffrey D., Sr.	Y
DiNardo, Albert J.	Y	Nelson, Stephen A.	Y
Dockery, Michael	Y	Nicosia, Nicola M.	Y
Faiella, Ellen L.	Y	Nuzzo, Richard
Falasca, Thomas A.	Y	Palczynski, Joseph, Jr.	Y
Flynn, Patrick M.		Politano, Kimberly A.	Y
Gill, Charles F.	Y	Rodenhiser, Joyce C.	Y
Goodwin, Pamela J.	Y	Serino, Angelo, Jr.	Y
Grabowski, Arthur	Y	Smith, James F., Jr.	Y
Groark, Laura Z.	Y	Smith, Rick A.	Y
Hansen, John N.	Y	Stewart, Thomas	Y
Hawkes, Timothy R.	Y	Sullivan, Betty Ann	Y
Hoffman, Robert D.		Sweezey, Stephen D.	Y
Johnson, Patricia Anne		Valente, Anthony
Jones, William R.	Y	VanSteensburg, Paul J., II
Lawrence, Raymond	Y	Vecchio, Matthew J.
Leuci, Janet	Y	Witten, Margaret H.	Y

Yeas: 39 Nays: 0 at 9:41 p.m.

Leuci Amendment passed.

Article as voted (please see language recorded in proposed amendment on preceding page)

Vote came on Article 30 as Amended.

Atkinson, Ronald	Y	Long, Robert	P
Attubato, Joseph	Y	Lopresti, Anthony J.	Y
Barressi, Sal		Malone, Barbara J.	Y
Bartolo, Jean M.	Y	Maltais, Sean A.	Y
Billingsley, Stacy A.	Y	Manoogian, Peter Z., Sr.	Y
Boesel, Edward S.W.	Y	McCarthy, Stephen F.
Connors, Arthur D., Jr.		Merrifield, Henry F.	Y
Dever, Maureen P.	Y	Moschella, Dennis J.	Y
Devlin F. Ann	Y	Moses, Jeffrey D., Sr.	Y
DiNardo, Albert J.	Y	Nelson, Stephen A.	Y
Dockery, Michael	Y	Nicosia, Nicola M.	Y
Faiella, Ellen L.	Y	Nuzzo, Richard
Falasca, Thomas A.	Y	Palczynski, Joseph, Jr.	Y
Flynn, Patrick M.		Politano, Kimberly A.	Y
Gill, Charles F.	Y	Rodenhiser, Joyce C.	Y
Goodwin, Pamela J.	Y	Serino, Angelo, Jr.	Y
Grabowski, Arthur	N	Smith, James F., Jr.	Y
Groark, Laura Z.	Y	Smith, Rick A.	Y
Hansen, John N.	Y	Stewart, Thomas	Y
Hawkes, Timothy R.	Y	Sullivan, Betty Ann	Y
Hoffman, Robert D.		Sweezey, Stephen D.	Y
Johnson, Patricia Anne		Valente, Anthony
Jones, William R.	Y	VanSteensburg, Paul J., II
Lawrence, Raymond	Y	Vecchio, Matthew J.
Leuci, Janet	Y	Witten, Margaret H.	Y

Yeas: 38 Nays: 1 at 9:45 p.m.

Article 30 passed as amended.

Mr. Stewart moves, as a courtesy to the petitioner, Article 32.

Seconded at 9:46 p.m.

Article as written:

Article 32. To see if the Town will vote to amend the Town’s Zoning Map and Zoning By-law by rezoning lots A-189 to A-193 inclusive, Lots A-155 to A-162 inclusive, on Assessors Plan 2004 (also shown as Lots 15 and 4, Block 7 Map F3) from I-1 Industrial to R-1 Single Family Residential. The property is located at 64 Saugus Avenue and 26 Standish Avenue. (Richard M. Magnan)

Moderator Long read the Planning Board’s favorable recommendation.

Atty. Richard Magnan, 320 Central Street, representing the petitioner, explained the article, stating that single family dwellings surround the property.

Mr. Boesel spoke on the article.

Article as voted:

Article 32. Voted to amend the Town’s Zoning Map and Zoning By-law by rezoning lots A-189 to A-193 inclusive, Lots A-155 to A-162 inclusive, on Assessors Plan 2004 (also shown as Lots 15 and 4, Block 7 Map F3) from I-1 Industrial to R-1 Single Family Residential. The property is located at 64 Saugus Avenue and 26 Standish Avenue.

Yeas: 38 Nays: 0 at 9:50 p.m.

Article 32 passed as written.

Mr. Stewart moves, as a courtesy to the petitioner, Article 33 back to the Planning Board.

Seconded at 9:51 p.m.

Article as written:

Article 33. To see if the Town will vote to amend the Town’s Zoning Map and Zoning By-law by rezoning Lots A232 to A231, A236 inclusive on Assessor’s Plan 2005 (Also shown as Lot 10, Block 15 Map F4) from R-1 single family residential to R-3 two family residential. This property is located at 27 Saugus Avenue. (Richard M. Magnan)

Article 33 is voted to refer back to the Planning Board by unanimous voice vote at 9:51 p.m.

Mr. Edward S. W. Boesel moves to adjourn the 2009 Annual Town Meeting to the Call of the Moderator.

Seconded at 9:52 p.m.

Unanimous voice vote to adjourn to the call of the moderator came at 9:52.5 p.m.