Westport News

Editor's notes:

This 39-page document is available as a PDF file (Acrobat Reader) which you can download by clicking here. 

The numbers relating to Article 3 can be found in this separate Web document. (Document will open in a new window.)  You can also download this as a Microsoft Excel spread sheet by clicking here. To open this require you have Excel.

ANNUAL TOWN MEETING
TOWN OF WESTPORT
COMMONWEALTH OF MASSACHUSETTS
ANNUAL TOWN MEETING
MAY 2, 2006

BRISTOL, SS.

To either of the constables of the Town of Westport in said County:

GREETINGS:

In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of the Town of Westport qualified to vote in elections and Town affairs, to assemble at the Westport High School on Tuesday, May 2, 2006 at 7:00 p.m., and then and there to act on the following articles, viz:


ARTICLE 1
To see if the Town will vote to transfer to reduce taxation certain sums of money from various articles approved by Town Meeting, when there is a balance remaining that is no longer required to accomplish the purpose for which the articles were originally passed, and/or take any other action relative thereto.
FINANCE COMMITTEE/BOARD OF SELECTMEN

FINANCE COMMITTEE: Recommendation at Town Meeting

ARTICLE 2
To see if the Town will vote to fix the salary and compensation of all elected Town Officers, and/or take any other action relative thereto.

Moderator                                                $        682
Selectmen – Chairman                                       6,519
             Board Members (4)                                          25,457
Assessors -   Board Members (3)                                 14,276
Board of Health – Members (3)                                   6,519
Highway Surveyor                                         62,683
Tax Collector                                             52,736
Town Clerk                                             52,736
Treasurer                                                     52,736
                                            Total                 $274,344                      

FINANCE COMMITTEE/BOARD OF SELECTMEN

FINANCE COMMITTEE: Recommended


ARTICLE 3
To see if the Town will vote to raise and appropriate and/or transfer from available funds such sums of money considered necessary to defray the Town's expenses for a twelve month period beginning July 1, 2006 and appropriate the same to several departments and/or take any other action relative thereto.
FINANCE COMMITTEE/BOARD OF SELECTMEN

FINANCE COMMITTEE:  Recommended  (See Page 40)

The numbers relating to Article 3 can be found in this separate document. (Document will open in a new window.) You can also download this as a Microsoft Excel spread sheet by clicking here. To open this require you have Excel.

ARTICLE 4
Section 1.  To see if the Town will vote to amend the Westport Zoning By-Laws by adding the new Article 15 SITE PLAN APPROVAL as follows or take any other action relative thereto:

ARTICLE 15 SITE PLAN APPROVAL

15.0    PURPOSE.
The purpose of Site Plan Approval is to protect the health, safety, convenience, property values, and general welfare of the inhabitants of the Town of Westport by providing for review of plans for uses and structures which may have significant impacts on traffic; municipal and public services and utilities; environmental and design quality; and community character.

15.1    POWERS AND ADMINISTRATIVE PROCEDURE.
All applications for Site Plan Approval shall be submitted to the Planning Board prior to the issuance of a building permit.  In exercising its jurisdiction under this section, the Planning Board shall, unless otherwise provided, follow the procedural requirements for special permits as set forth in Section 9 of M.G.L. Chapter 40A; however, a motion to approve, approve with conditions, or disapprove a Site Plan shall require only a majority vote of the members present.  The Board may, at its sole discretion, adopt Rules and Regulations relative to Site Plan Approval, a copy of which shall be filed with the Town Clerk.  After notice and public hearing and after due consideration of the reports and recommendations of outside consultants and other town boards, commissions and/or departments, the Planning Board may approve a Site Plan. The Planning Board may impose, in addition to any applicable conditions specified in this section, such conditions as reasonably appropriate to improve the site design and/or mitigate the impacts of the proposed development.  Such conditions shall be imposed in writing; the applicant may be required to post a bond or other surety for compliance with said conditions in an amount satisfactory to the Planning Board.

15.2    APPLICABILITY.
The following types of activities and uses require Site Plan Approval by the Planning Board:

1. Construction, exterior expansion of, or change of use within, a municipal, institutional, commercial, industrial, or multi-family structure with three or more dwelling units;

2. Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial, or multi-family structure with three or more dwelling units; and

Where provisions for site plan approval of specific uses and structures exist elsewhere in the Westport Zoning By-Laws, the provisions of the pertinent section shall supersede the provisions of this section.

Site Plan Approval shall not be construed to supersede the exemptions granted by §3 of Mass. Gen. L Ch. 40A.

15.3    WAIVER OF TECHNICAL COMPLIANCE.
The Planning Board may, upon written request of the applicant, waive any of the technical requirements of Westport’s Site Plan Approval Rules and Regulations and the procedures of this Bylaw where the project involves relatively simple development plans or constitutes a minor site plan.  As a guideline, an application for a permit to build, alter, or expand any non-residential building, structure or use in any district where such construction will not exceed 1,000 square feet of gross floor area, or an application that will not generate the need for more than five (5) parking spaces may be considered a minor site plan.  For the purposes of computing the total gross floor area of a minor site plan, the Planning Board shall aggregate all such applications for building/special permits and/or site plan approval made within the five (5) previous calendar years.

15.4    PERFORMANCE STANDARDS.
All Site Plans presented for approval shall be prepared in compliance with applicable Westport Zoning Bylaws; the Rules and Regulations Governing the Subdivision of Land, to the extent applicable; and the explicit standards of the Rules and Regulations for Site Plan Approval.  In evaluating and rendering a decision on a Site Plan Approval application the Planning Board shall consider whether the proposal will achieve the objectives listed below and may require conditions and safeguards deemed necessary to realize, within reason, these performance standards:

1. Provide convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent streets, properties, buildings, structures, and other improvements.
2. Buffer and protect adjoining premises against detrimental or offensive uses.
3. Provide adequate and functional off-street loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishment.
4. Provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Planning Board's Subdivision Rules and Regulations to the extent applicable, and all applicable local, state and federal codes, statutes, by-laws, policies, standards and regulations.
5. Minimize negative impacts to the environment by limiting or eliminating: volumes of cut and fill; removal of trees 6" caliper or larger and other vegetation; removal of stone walls; impact on wetland resources, wildlife habitat and other areas of environmental sensitivity; flooding and other impacts of stormwater flow both on- and off-site; soil erosion; and air, water, noise and light pollution.
6. Prevent contamination of groundwater and surface water from onsite wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances by utilizing Best Management Practices in accordance with all statutes, by-laws, regulations and policies governing these activities;
7. Promote compatibility among uses by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or from premises residentially used or zoned;
8. Divide large expanses of parking with landscaping and shade trees and minimize lighting intrusion and the glare from headlights.
9. Screen service facilities located near the perimeter of the site, including but not limited to: garbage collection, recycling containers, refrigeration units, and utility areas.
10. Relate buildings and structures to the natural and built environment by attention to appropriate scale, massing, height and other factors necessary to achieve harmony with the surrounding natural environment, neighborhood, and Town as a whole.
11. Minimize obstruction of scenic views from publicly accessible locations.
12. Ensure compliance with the provisions of this Zoning Ordinance including, but not limited to, parking, loading, and signage.

15.5    ADMINISTRATION.
1. The Planning Board may adopt reasonable fees for administration, technical review, and construction inspection for site plan approval proposals. All expenses for use of outside consultants, ancillary reports or reviews, supplemental studies, advertising, publication of notices, postage and mailings and all other expenses in connection with the site plan including without limitation, sampling and/or testing, shall be borne by the applicant.
2. The Planning Board may adopt reasonable Rules and Regulations governing Site Plan Approval including administrative procedures and requirements, and design and construction standards.
3. The Planning Board may distribute plans to other Boards, Commissions, departments, and outside technical and legal consultants and agencies for their review and comments.
4. The Planning Board may require narrative assessments and/or quantitative studies of the on-site and off-site impacts of the proposed project, including: traffic, drainage, noise, lighting and other environmental factors.

15.6    ENFORCEMENT.
The Building Inspector shall have enforcement powers over any Site Plan Approval.  The Building Inspector shall inspect and enforce any and all stipulations and/or conditions placed upon the approval of any Site Plan. Failure to satisfy the conditions of any Site Plan Approval will result in the withholding of the Certificate of Occupancy.

15.7    REVIEW AND DECISION.
The Planning Board shall ensure the use of the site consistent with the uses permitted in the district in which the site is located and shall give due consideration to the reports received.  Prior to the approval of any Site Plan, the Planning Board shall find that the site plan:

1. Protects adjoining premises by avoiding adverse effects on the natural environment and abutters.
2. Provides for convenient and safe vehicular and pedestrian movement and that the locations of driveway openings are convenient and safe in relation to vehicular and pedestrian traffic circulation, including emergency vehicles, on or adjoining the site;
3. Provides an adequate arrangement of parking and loading spaces in relation to proposed uses of the premises;
4. Provides adequate methods of disposal of refuse or other wastes resulting from the uses permitted on the site;
5. Complies with all applicable requirements of this bylaw, the Rules and Regulations of Site Plan Approval, and the Rules and Regulations Governing the Subdivision of Land (to the extent applicable), unless explicitly waived by the Planning Board.

15.8    APPEAL.
The appeal of any decision of the Planning Board hereunder shall be made in accordance with the provisions of Mass. Gen. L. Ch. 40A, §17 or other such provision of the General Laws pertaining to site plan review/approval as they may be amended from time to time.  Appeal of a decision on a Site Plan for a by-right use shall be by appeal (to the Zoning Board of Appeals) of the action of the Building Inspector in granting or denying a building permit.

15.9    RELATIONSHIP TO SUBDIVISION PLAN AND OTHER PERMITS.
The Planning Board approval of a Site Plan shall neither oblige the Planning Board to approve any related preliminary or definitive plan for subdivision nor substitute for such approval.  However, the Planning Board may allow an applicant to combine a submission for Site Plan Approval with a submission for a preliminary or definitive subdivision if such submission conforms to all requirements for both Site Plan Approval and subdivision application.  In such case, the Planning Board may conduct a combined public hearing for both Site Plan Approval and subdivision application.

Where the Planning Board serves as the Special Permit Granting Authority for a proposed use, it shall, when possible, consolidate the Site Plan Approval and the Special Permit processes.

An application to the Zoning Board of Appeals for either a Special Permit or a variance requiring Site Plan Approval under this by-law, shall be accompanied by a site plan approved by the Planning Board; in the alternative, any special permit or variance granted for work set forth in 15.2 shall contain the following condition: "The work described herein requires the approval of a site plan by the Planning Board pursuant to Article 15 of the Westport Zoning By-Law.  Any conditions imposed in such a site plan approval shall also be conditions of this special permit/variance."

Where the Planning Board approves a site plan "with conditions", and said site plan accompanies a special permit or variance application to the Board of Appeals, the conditions imposed by the Planning Board shall be incorporated into the issuance, if any, of a special permit or variance by the Board of Appeals.

No deviation from an approved site plan shall be permitted without the approval of the Planning Board.

15.10    EXPIRATION.
Approval of a Site Plan shall lapse after two (2) years from the date of approval, or the date of resolution of any appeal of the decision, if substantial use thereof or construction has not begun, except for good cause. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant.

15.11    SEVERABILITY.
If a court of competent jurisdiction holds any provision of this bylaw invalid, the remainder of the bylaw shall not be affected thereby.  The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Westport Zoning Bylaw.

Section 2.  To see if the Town will vote to amend the Table of Use Regulations of the Westport Zoning By-Law to require Site Plan Approval by the Planning Board for the following municipal, institutional, commercial, industrial and multi-family uses as follows:

1.    To insert after "SPPB = Special Permit Planning Board", "SPA-PB = Site Plan Approval Planning Board".

2.    To designate the following municipal, institutional, commercial, industrial, and multi-family uses, where the By-Law allows these uses by right or special permit, as requiring Site Plan Approval of the Planning Board, by adding the designation "/SPA-PB" after the existing requirement in the appropriate row(s) and column(s) of the Table of Uses for the following uses:

Adult Live Entertainment Establishment
Adult Theatre
Amusement or Assembly
Auto Body Shop/Auto Body Repair Shop
Auto Salesroom Class 1 & 2
Auto Sales, Trailer Sales, or Farm Equipment Sales
Auto Service Stations
Auto Storage Garage
Banks
Bath Houses, Beach Clubs, Boat Landings, Wharves
Boat Yards for Construction, Storage, Maintenance, Repair of Boats
Bed & Breakfast
Club, Private:  Not for Profit
Club, Profit
Convalescent Homes
Dwelling: Multi-Family
Earth Removal/Mining
Educational Uses
Flea Market
Golf Course: Public or Private
Hospitals
Hotel
Job Printing
Miscellaneous Retail or Service Business
Mobile Home Park
Municipal
Newspaper
Nursing Homes
Offices: Business or Professional
Outdoor Advertising with Permit
Public Utility
Religious Uses
Research Labs
Restaurants
Sanitariums
Sexually-Oriented Business
Temporary Trailer
Tire Storage Yards
Tradesman
Wholesale Businesses

and/or take any other action relative thereto.
PLANNING BOARD
FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 5
To see if the Town will vote to amend ARTICLE 7, SUB-SECTION 7.6.1 "FRONT YARDS" of the Westport Zoning By-Laws by adding the following language after the final paragraph of this sub-section or take any other action relative thereto:

7.6.1.1    FRONT YARD WIDTH.

7.6.1.1.1    PURPOSE.
The purpose of this by-law is to ensure safe, adequate and convenient access to buildings; and to discourage irregularly configured front yards and lots, which create difficulties in assigning addresses, in public safety response, and in maintenance.

7.6.1.1.2    MINIMUM WIDTH.
The minimum front yard width, as measured between the side lot lines, shall be fifty (50) feet.  The minimum front yard width shall be maintained from the street line (street layout line/sideline) to the street setback line (front building line).  Lot Width shall be determined by measuring the diameter of the largest circle that can be located along a continuous, but not necessarily straight line from the lot frontage to the principal structure on the lot without the circumference intersecting the side lot lines.

7.6.1.1.3    CORNER LOTS.
For corner lots, the minimum width requirement shall apply to yards on all streets bounding the lot, and shall be maintained from the street line (street layout line/sideline) to the street setback line (side or rear building line) of the nearest corresponding side of the building.

7.6.1.1.4    WAIVER.
In order to accommodate constraints posed by existing irregular lots and streets, such as lots fronting on existing streets with small sideline radii (tight curves) and existing lots with environmental, agricultural and topographic constraints, or historical significance, this requirement may be waived or modified by the grant of a special permit by the Planning Board, upon findings by that Board that waiving this requirement will not detract from the public health, safety, welfare and convenience and that such waiver is not inconsistent with the intentions of this by-law.  In such cases, the lot shall comply to the greatest extent practicable with this provision.

7.6.1.1.5    APPLICABILITY.
The minimum front yard width requirements of Section 7.6.1.1 requirement shall apply to all subdivision or re-subdivision of land into new lots, by whatever process, with the exception of creation of lots measuring 7 acres or more.  The re-configuration of lawfully pre-existing non-conforming lots shall not increase the degree of non-conformity of the front yard width.
PLANNING BOARD
FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 6
To see if the Town will vote to amend the Westport Zoning By-Law, ARTICLE 4 as follows:

1.    Delete current section 4.0.1.B.5. (d), which states:

“The accessory apartment is contained within a single family dwelling without changing its “footprint” or base area, except, if necessary, for the inclusion of an additional staircase or entrance.”

and insert the following:

    “The accessory apartment is contained within a single family dwelling.”

2.    Delete entire Section 4.0.1.B.5. (e), which states:

“The single family dwelling must have been in existence a minimum of two years without any major structural addition, which increased the area of the dwelling.”

3.    Delete current Section 4.0.1.B.5 (g), which states:

“Space may be provided by raising the roof of the existing building, but only within the current height regulations.”

And insert the following Section 4.0.1.B.5 (f) as:

“Space may be provided by either raising the roof or extending the dwelling, but only in accordance with current height and setback requirements.”

The entire Section 4.0.1.B.5 will read as follows:
5.    Use of an accessory apartment, an independent dwelling unit of five hundred (500) to nine hundred (900) square feet contained within a single-family residence.  The unit shall have a separate exterior entrance, a kitchen/living room, a bathroom and a maximum of one bedroom.  Either unit shall be occupied by the owner.

One accessory apartment shall be allowed by right providing the following criteria are met:

a.    Approval from the Board of Health.

 b.    Approval from the Fire Department.

c. Building plumbing, electrical and any other required permits are obtained.
d. The accessory apartment is contained within a single-family dwelling.

e. If an external staircase is needed to reach an accessory apartment this staircase must be enclosed and not change the general appearance of a single-family house.

f. Space may be provided either by raising the roof, or extending the dwelling, but only in accordance with current height and setback requirements.

g. To maintain the single-family character of the neighborhood, the entrance to the accessory apartment should be on the side or rear, if possible, but may be through the front door, if there is a vestibule.

h. The owner must occupy one of the two units.

i. There shall be no more than one accessory apartment within a single-family dwelling.

j. Accessory apartments shall be occupied by no more than two (2) persons.

k. The family dwelling containing an accessory apartment shall be in conformity with By-Law, “Permitted Uses –d. Renting of rooms or furnishing of board for not more than four persons in a dwelling regularly occupied for residential purposes.”

l. The gross area of the accessory apartment shall be: minimum - 500 square feet; maximum - 35% of the total area of the single-family dwelling before conversion, but not to exceed 900 square feet, exclusive of staircase and entrance area.

and/or take any other action relative thereto.

BOARD OF SELECTMEN/ PLANNING BOARD/BUILDING INSPECTOR

FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 7
Section 1.  To see if the Town will vote to amend the Westport Zoning By-Laws by adding the new ARTICLE 17 OUTDOOR COMMERCIAL STORAGE AND OUTDOOR COMMERCIAL DISPLAY as follows or take any other action relative thereto:

ARTICLE 17 OUTDOOR COMMERCIAL STORAGE AND OUTDOOR COMMERCIAL DISPLAY

17.0    PURPOSE.
Given that certain businesses need to store equipment and material outdoors because indoor storage is not practical given the size and nature of their materials and equipment, and other businesses have regular outdoor displays of material for sale, this by-law seeks to regulate these activities in order to 1). protect existing well-designed businesses from depreciation caused by unsightly outdoor storage and display by neighboring businesses; and 2). to encourage new, high-quality commercial endeavors to locate in Westport's business districts.

In addition to creating an adverse aesthetic impact on the surrounding neighborhood, outdoor storage and displays may affect the surrounding area and abutters by decreasing safety; attracting rodents; casting light; and generating noise and dust.  This by-law establishes reasonable standards that support business operations, yet protect the public and abutters.

17.1    OUTDOOR COMMERCIAL STORAGE.
The following standards apply to outdoor commercial storage:

17.1.1    Outdoor commercial storage incidental to the principal use on site, is permitted on property, provided it is located in an area other than: a parking area (as required under Article 5); accessway; required landscaped area; and rear, side and front yard areas. Such storage areas must be screened from a street or abutting property by a masonry wall, ornamental fence, or dense planting no less than six inches higher than the material stored.  Screening density must be such that items within the screened area will not be visible through such screening.  Equipment that exceeds the height restriction shall only be stored in the rear yard of the parcel.
17.1.2    No loose materials such as sand, lumber, cardboard boxes, and the like which are subject to being scattered or blown about the premises under normal weather conditions, shall be allowed.  All dust and/or fumes must be contained on the site.
17.1.3    Outdoor commercial storage is subject to all applicable fire, health, safety, and building regulations.
17.1.4    Outdoor commercial storage shall not occupy more than thirty (30) percent of the total area of the subject parcel.
17.1.5    Lighting for outdoor commercial storage areas shall be shielded with a cutoff at less than ninety (90) degrees from vertical and shall not exceed twenty (20) feet in height.
17.2    OUTDOOR COMMERCIAL DISPLAY.
The following standards apply to outdoor commercial displays:

17.2.1    Outdoor commercial display incidental to the principal use on site, is permitted on property provided it is located in an area other than a parking area (as required under Article 5), accessway, or required landscaped area.  Where such displays are along property lines that abut residentially zoned or residentially used parcels, adequate screening by a fence, wall, or landscaping is required.  
17.2.2    Outdoor commercial display is subject to all applicable fire, health, safety, and building regulations.
17.2.3    Lighting for outdoor commercial display areas shall be shielded with a cutoff at less than ninety (90) degrees from vertical and shall not exceed twenty (20) feet in height.

Section 2:  To see if the Town will vote to amend the Westport Zoning By-Laws by adding the following definitions in appropriate alphabetical order to Article 1, Section 1.1 DEFINITIONS as follows or take any other action relative thereto:

Outdoor Commercial Storage-The use of one hundred square feet or more for locating any material or equipment outside of a completely enclosed building for a continuous period longer than twenty-four (24) hours. Outdoor commercial storage shall be limited to the operation of the principal business located at the premises in question and conducted by employees of said principal business; provided, that this definition shall not be deemed to include any storage which is clearly accessory and incidental to any agricultural use.  Tire storage yards are not included in the definition of "Outdoor Commercial Storage".  See Table of Use Regulations.
Outdoor Commercial Display- The display and sale of products and services primarily outside of a building or structure including but not limited to: vehicles, garden supplies, equipment, burial monuments, building and landscaping materials, and lumber.  Outdoor commercial display and sale of merchandise shall be limited to the operation of the principal business located at the premises in question and conducted by employees of said principal business.

Section 3:  To see if the Town will vote to amend the Westport Zoning By-Laws by modifying the "Table of Use Regulations" as follows or take any other action relative thereto:

To insert after "OUTDOOR ADVERTISING WITH PERMIT" the following two new uses, with the designations "N", "Y", and "Y" under the appropriate column headings as shown below.

Residential      Business    Unrestricted

OUTDOOR COMMERCIAL STORAGE                N                Y                 Y
(see Article 17 and this table)

OUTDOOR COMMERCIAL DISPLAY                N                Y                 Y
(see Article 17 and this table)
BOARD OF SELECTMEN

FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 8
To see if the Town will vote to amend the Westport Zoning By-Laws by taking the following actions or by taking any other action relative thereto:

Action 1. To delete section 3.1.D FLOOD PLAIN DISTRICTS of ARTICLE 3, Location of Districts in its entirety, and replace it with the following new section:

3.1.D    FLOOD PLAIN DISTRICT.
The Flood Plain District is hereby established as an overlay district.  The District includes all special flood hazard areas designated on the Westport Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NFIP, panels dated March 18, 1985 and July 15, 1992, as Zone A, AE, AH, AO, A1-30, A99, V, V1-30, VE all of which maps indicate the 100-year regulatory floodplain.  The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Flood Insurance study booklet dated September 18, 1984.  The FIRM and Flood Insurance Booklet, as they may be amended from time to time, are incorporated herein by reference and are on file with the Building Inspector.

Action 2. To amend Article 6 Special Regulations, Section 6.0 Flood Plain Districts, Sub-section 6.0.1 as follows:

Delete Section 6.0.1 in its entirety and replace with the following:

6.0.1    The following provisions apply to the Flood Plain District as defined in Section 3.1.D Flood Plain Districts of Article 3 of these By-Laws.

Action 3. To amend Article 6 Special Regulations, Section 6.0 Flood Plain Districts, sub-sections 6.0.4 and 6.0.5 as follows:

Delete sections 6.0.4 and 6.0.5 in their entirety and add the following new sections:

6.0.4    BASE FLOOD ELEVATION AND FLOODWAY DATA.

6.0.4.1    FLOODWAY DATA.
In zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

6.0.4.2    BASE FLOOD ELEVATION DATA.
Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones.

6.0.5    NOTIFICATION OF WATERCOURSE ALTERATION.
In a riverine situation, the Building Inspector/Zoning Enforcement Officer shall notify the     following of any alteration or relocation of a watercourse:
∑ Adjacent Municipalities
∑ Bordering States
∑ NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA  02114-2104
(Or successor entity at its then current address)

∑ NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA  02110
(Or successor entity at its then current address)

Action 4. To delete the section 6.0.10 (Not Enacted) and add the following section:

6.0.10    REFERENCE TO EXISTING REGULATIONS.
    The Floodplain District is established as an overlay district to all other districts.  All development in the district, including structural and non-structural activities; whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following:

o Massachusetts State Building Code provisions addressing floodplain and coastal high hazard areas (currently 780 CMR 3107, "Flood Resistant Construction");
o Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
o Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
o Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);
o Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

    Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

Action 5. To add section 6.0.12 as follows:

6.0.12    Man-made alteration of sand dunes within Zones V1-30, VE, and V that would increase potential flood damage are prohibited.
PLANNING BOARD/BOARD OF SELECTMEN

FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 9
Action 1: To see if the Town will vote to amend the Table of Use Regulations in the Town of Westport Zoning By-Laws as follows:
To change the classification of “Adult Live Entertainment Establishment” in a Business zone from “Special Permit Board of Appeals” to “Prohibited”.

Residential        Business           Unrestricted
Adult Live Entertainment                N                  N             SPBA
Establishment

Action 2: To delete Section 4.0.3.C in its entirety and replace said section with a new Section 4.0.3.C consisting of the language formerly contained in Section 4.0.2.D in its entirety, including all submission requirements as set forth in Sections a. through j. and all requirements contained in Sections 1 through 8, replacing the words "Business District" in the first paragraph of the new Section 4.0.3.C with "Unrestricted District".

The new Section 4.0.3.C will read as follows:

Notwithstanding the provisions in Paragraphs (a) through (e) of this subsection, no Adult Live Entertainment Establishment, No Adult Theater, and no Sexually-Oriented Business, as defined in Section 1.1, shall be established or maintained in the Unrestricted District except as authorized by a special permit from the Board of Appeals, subject to the procedure established by Section 2.5 of this By-Law.  Each application for such a special permit shall be made by the owners of the property at which the business will be located and shall include the following:

a.    The name of the proposed business, a copy of the lease for the business premises, a detailed description of the type of business for which the special permit is sought, and the proposed days and hours of operation.

b.    The name and address of each person who has or will have a legal or beneficial interest in the business. If a corporation has such a legal or beneficial interest, the application shall include the names and addresses of the officers and directors and, if such corporation is not publicly owned, the names of the stockholders.  If a partnership has such a legal or beneficial interest, the application shall include the names and addresses of all general and limited partners and all persons with a beneficial interest in the partnership.

c.    The name and address of each person who will have management responsibility for the proposed business and specification of the days and times at which each such person will be present at the business premises.  The application shall include the names and addresses of each person with management responsibility who shall be authorized and available to respond promptly to complaints at any time when a manger is not present at the business premises and shall specify how each such person can be contacted without delay at any such time.

d.    A certification that none of the persons named in the previous two subparagraphs has ever been convicted of violating the provisions of General laws Chapter 119, Section 63 or General Laws Chapter 272, Section 28.

e.    A plan to scale showing the lot on which the proposed business will be located, including all buildings designation of parking spaces to be used by the proposed business, driveways, abutting streets and lots and any proposed landscaping; a floor plan to scale showing the proposed layout of the business premises; and exterior elevations to scale showing the proposed exterior appearance of the business premises, including each proposed sign and its content and the treatment of doors and windows.

f.    A traffic study reliably determining the effect on traffic, which is likely to be caused by the proposed business and setting out all measures proposed to be taken to mitigate any adverse traffic impact.  The traffic study shall reliably determine the parking needs of the proposed business and shall specify how these needs will be met without adverse impact on other businesses.

g.    Specification of the number of employees to be employed by the proposed business and the hours during which they are expected to work.

h.    A proposed security plan ensuring that minors in no event be exposed to sexually explicit material or performances except as authorized by law.

i.    A proposed plan for ensuring that the stock in trade of the business or any performances presented shall include no obscene material.

j.    If an application seeks a renewal special permit, it shall contain a certification that there has been compliance with the terms and conditions of the special permit or which renewal is sought.

The Board of Appeals shall promulgate rules governing the issuance of special permits for such Adult Live Entertainment Establishments, Adult Theater, and/or Sexually Oriented Businesses and shall file a copy of said rules in the office of the Town Clerk, as required by General Laws Chapter 40A, Section 9A.

In considering whether to grant a special permit for an Adult Live Entertainment Establishment, Adult Theater, or Sexually Oriented Business, the Board of Appeals shall apply its guidelines and rules as it has established them, except that the Board of Appeals shall not grant such a special permit unless the proposed use complies with the following requirements:

1.    An application containing inaccurate or incomplete information shall be cause for denying a special permit.  If a special permit is issued and information in the application is later discovered to be false, this shall be cause for revoking the special permit.  In determining whether to issue a special permit and in specifying conditions, limitations and safeguards, the Board of Appeals shall consider the information in the application and all other relevant information presented to it. An application for a renewed special permit shall be determined in the same manner as the original application except that failure to comply with the conditions, limitations and safeguards of an original special permit shall be cause for denial or a renewed special permit, as well as cause for revoking the original special permit.  Any special permit issued under this paragraph shall be for a term specified by the Board of Appeals not to exceed two (2) years; and to act on anything relating thereto.
2.    A maximum lot coverage of less than fifty percent (50%) is required. Parking and driveway areas shall be included in the calculation of the lot coverage.

3.    A minimum four thousand (4,000) foot separation between different adult uses is required.

4.    An eight hundred (800) foot minimum setback is required from existing residential uses and districts, educational uses, public parks, public recreational facilities, and religious uses.

5.    A five hundred (500) foot minimum setback is required from any establishment licensed under the provisions of General Laws Chapter 138, Section 12.

6.    A one hundred (100) foot vegetative buffer consisting of evergreen shrubs or trees not less than five (5) feet in height at the same time of planting, shall be provided between adult uses and abutting residential districts.

7.    At a minimum, a twenty (20) foot wide landscaping buffer shall be provided along the side and rear property lines of the use authorized pursuant to this section, consisting of evergreen shrubs or trees not less than five (5) feet in height at the time of planting.

8.    All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.

and/or take any other action relative thereto.
BOARD OF SELECTMEN
FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 10
To see if the Town will approve the following policies to guide future development in Central Village, or take any other action relative thereto:

Consistent with recommendations in the 2004 citizen-written Master Plan, the Planning Board, in cooperation with other interested groups, has begun an in depth study of the Central Village.  These guidelines are a step towards achieving the Master Plan vision for compact mixed-use growth in the village.  The Master Plan endorses the creation of a place residents would want to be – a place that is safe and easy to access by car, foot or bike; a place that has a lively mix of uses; a place with thriving local businesses offering goods and services; a place that promotes interactions among residents; and a place with high quality development.

The achievement of this vision will require cooperation among the public, private and non-profit sectors, changes to zoning, investments in infrastructure, and the leveraging of public investment with private funds.  These guidelines provide the basis for implementation in phases over the coming years.

Guidelines for Development In the Central Village

1. Recognize 3 basic segments of the Central Village corridor and develop standards based on the character and function of each segment.  These are: the north “core”; the historic area between Adamsville and Hix Bridge Roads; and  “South Central Village” extending approximately 1000’ south of Hix Bridge Road.

2. Develop a vibrant mixed-use area centered on the existing and growing cluster of civic, residential, and neighborhood businesses in the Central Village.

3. Draw new customers to existing businesses by improving the physical environment and increasing the diversity of services provided, and making it easier for nearby residents to use the Village.

4. Plan for infrastructure improvements including: traffic calming, roadway improvements, improved street connectivity, pedestrian safety, landscaping, and future localized water and wastewater.

5. Create a walkable area that fosters interactions and facilitates meeting multiple needs in one trip.

6. As changes are made to infrastructure capacity, continue to coordinate development densities with infrastructure.

7. Develop design standards for building orientation, mixed-use buildings, parking lots, driveways, landscaping, amenities, and signage to unify appearance in each of these areas.  Include standards that respect the historic character of the area and promote traditional design features.

8. Use the arts to cultivate civic life and provide an economic stimulus.

9. Produce high-quality and varied public spaces.

10. Engage the business community in the planning of these areas and pursue the leveraging of private investment with public investment in roadway and public area amenities.

11.    Adopt Site Plan Review to ensure major new or re-developed sites produce commercial (and other large scale) development that has:
a).    Safe access and circulation;
b).    Buffering from neighbors;
c).    Compatible form; and
d).    High-quality parking areas, stormwater management, and landscaping, that are designed to meet recognized construction, design, and environmental standards.
PLANNING BOARD

FINANCE COMMITTEE:  Recommendation at Town Meeting


ARTICLE 11
To see if the Town will vote to approve the following policies to guide zoning and future development along the Route 6 corridor in Westport, or take any other action relative thereto:

Consistent with recommendations in the 2004 citizen-written Master Plan, the Planning Board, in cooperation with other interested groups, has begun an in depth study of the Route 6 corridor.  These guidelines are a step towards implementation of the Master Plan vision for the transition of this area into one with greater economic vitality and diversity.  The Master Plan endorses the creation of an area to serve the needs of residents for jobs, services, and varied housing types.  Recommendations in the Plan focus on using the unique assets of the Route 6 Corridor including: access to and visibility from the Interstate; roadway capacity; direct connections to neighboring communities; an existing commercial character; bus service, and in some sections, an existing residential density of 5 units/acre.

The achievement of this vision will require cooperation among the public, private and non-profit sectors, changes to zoning, investments in infrastructure, and the leveraging of public investment with private funds.   These guidelines provide the basis for the phased implementation of these changes over the coming years.


Guidelines for Development Along the Route 6 Corridor

1.    Recognize the different segments of the Route 6 corridor, and develop standards based on the character and function of each segment.  These are: a western, central and eastern segment.

2.    Develop a vibrant mixed-use area centered on the existing cluster of civic, residential, and neighborhood businesses in the central segment of Route 6.

3.    Plan for infrastructure improvements including: traffic calming, roadway improvements, pedestrian safety, landscaping, and future localized water and sewage. Work with MassHighway and SRPEDD to address safety issues and promote design improvements along Route 6 consistent with the Town's Master Plan, with particular attention to improving the experience for pedestrian and bicycle trips.

4.    As changes are made to infrastructure capacity, continue to coordinate development densities with infrastructure (sewer, water, and roadway).

5.    Develop design standards for building orientation, mixed-use buildings, parking lots, driveways, landscaping, amenities, and signage to unify appearance in each of these areas.

6.    Adopt Site Plan Review to ensure major new or re-developed sites produce commercial (and other large scale) development that has:
a).    Safe access and circulation;
b).    Buffering from neighbors;
c).    Compatible form; and
d).    High-quality parking areas, stormwater management, and landscaping, that are designed to meet recognized construction, design, and environmental standards.

7.    Engage the business community in the planning of these areas and pursue the leveraging of private investment with public investment in roadway and public area amenities.

8.    Draw new customers to existing businesses by improving the physical environment and increasing the diversity of services provided.

9.    Establish gateway locations to define an identity for the area and/or segments.

10.    Adopt standards for outdoor storage/outdoor display that respect the needs of businesses while also minimizing the negative aspects of such practices, such as dust, noise, unsafe conditions, and unsightly appearance.

11.    Expand the depth of Business zoning in isolated areas that are not constrained by wetlands and can provide buffers from residential uses.

12.    Study the potential for a new village center at the historic Westport Factory Village (in eastern segment) that could add to the affordable housing inventory and relate to the Lincoln Park redevelopment.
PLANNING BOARD
FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 12
To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen to borrow from time to time in anticipation of revenue of the fiscal year beginning July 1, 2006 in accordance with the provisions of the General Laws, Chapter 44, Section 4, and to issue a note or notes, payable within one year, and to renew any note or notes therefore, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with the General Laws, Chapter 44, Section 17, and/or take any other action relative thereto.
BOARD OF SELECTMEN
FINANCE COMMITTEE:  Recommended

ARTICLE 13
To see if the Town will vote to raise and appropriate and/or transfer from other available funds and/or borrow a sum of money to be used in conjunction with, and/or in addition to any funds allocated by the Commonwealth and/or County for the engineering services, construction, reconstruction, and/or improvements of Town roads, and/or take any other action relative thereto.
HIGHWAY DEPARTMENT
FINANCE COMMITTEE:  Recommended
ARTICLE 14
To see if the Town will vote to raise and appropriate and/or transfer from available funds and/or transfer from within existing appropriations a sum of $20,000 to be used for the engineering services, repair, resurfacing, reconstruction, drainage, and maintenance of Town roads, and/or take any other action relative thereto.
HIGHWAY DEPARTMENT
FINANCE COMMITTEE:  Recommended

ARTICLE 15
To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of $1.00 for the purpose of maintaining during the ensuing year the mosquito control work as estimated and certified by the State Reclamation Board in accordance with the provisions of Chapter 112 of the Acts of 1931 and/or to take any other action relative thereto.

BOARD OF SELECTMEN
FINANCE COMMITTEE:  Recommended

ARTICLE 16
To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of $770.00 to contract for environmental services directly related to Buzzards Bay, and/or take any other action relative thereto.
BOARD OF SELECTMEN
FINANCE COMMITTEE:  Recommended

ARTICLE 17
To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2007, a revolving fund for the Council on Aging into which will be paid all receipts from health care promotion, recreational and social programs for seniors, except for receipts from the social day care program, from which costs not to exceed the sum of $30,000.00 for these same services may be expended without further appropriation by the Council on Aging and Board of Selectmen, and/or take any other action relative thereto.

COUNCIL ON AGING
FINANCE COMMITTEE:  Recommended

ARTICLE 18
To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2007, a revolving fund for the Council on Aging into which will be paid all receipts from the Social Day Care Program, from which costs not to exceed the sum of $70,000.00 for these same services may be expended without further appropriation by the Council on Aging and Board of Selectmen, and/or take any other action
relative thereto.
COUNCIL ON AGING
FINANCE COMMITTEE:  Recommended


ARTICLE 19
To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2007, a revolving fund for the Council on Aging into which will be paid all receipts from income-generating activities, except receipts from health care promotion, recreational and social programs, transportation activities, and the social day care program which are the source of receipts for other revolving funds, to support the Westport Senior Center from which costs not to exceed the sum of $10,000, for building operating/maintenance expenses, excluding salaries and wages of all full-time and part-time employees who are employed at said Senior Center, may be expended without further appropriation by the Council on Aging and Board of Selectmen, and/or take any other action relative thereto.
COUNCIL ON AGING
FINANCE COMMITTEE:  Recommended

ARTICLE 20
To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2007, a revolving fund for the Council on Aging into which will be paid all receipts from transportation for seniors, from which costs not to exceed the sum of $20,000.00 for these same services may be expended without further appropriation by the Council on Aging and Board of Selectmen and/or take any other action relative thereto.

COUNCIL ON AGING
FINANCE COMMITTEE:  Recommended

ARTICLE 21
To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2007, a revolving fund for the Westport Fire Department into which will be paid all receipts from Ambulance Fees, from which costs not to exceed $110,000 for the purchase of an ambulance, ambulance equipment and/or any incurred ambulance-related expense, not to include salaries, which may be expended without further appropriation by the Fire Department, and/or take any other action relative thereto.
FIRE CHIEF
FINANCE COMMITTEE:  Recommended
NOTE:  Historically, we have put the first $80,000 of ambulance fees into this revolving account.  We dropped it to $50,000 for Fiscal 2005.  We recommend increasing to $110,000 to cover higher ambulance costs.

ARTICLE 22
To see if the Town will vote to establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year 2007, a revolving fund for the Westport Fire Department into which will be paid all receipts from Haz-Mat Fees, from which costs not to exceed $50,000 for the purchase of Haz-Mat equipment and/or any incurred Haz-Mat related expense, not to include salaries, which may be expended without further appropriation by the Fire Department, and/or take any other action relative thereto.
FIRE CHIEF
FINANCE COMMITTEE:  Recommended
NOTE:  This is a new revolving account created because we can now charge fees for incidents, according to a schedule to be approved by the Board of Selectmen.

ARTICLE 23
To see if the Town will vote to establish and reauthorize pursuant to the provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2007, a revolving fund for the Electrical, Plumbing & Gas Inspectors, into which will be deposited all receipts from fees and fines paid for electrical, plumbing and gas permits, from which costs not to exceed $85,000.00 for inspections performed, mileage, schooling, supplies, clerical wages, equipment and other related miscellaneous expenses may be expended without further appropriation by the Electrical, Plumbing and Gas departments,  Any fund balance in excess of $85,000 at the end of the fiscal year will be transferred into the General Fund, and/or take any other action relative thereto.
BUILDING DEPARTMENT
FINANCE COMMITTEE:  Recommended
NOTE:  The amount is increased from $70,000 to allow for increased costs.

ARTICLE 24
To see if the Town will vote to establish and reauthorize pursuant to the provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2007, a revolving fund for the Board of Selectmen into which will be paid receipts from the additional License Fee, from which costs not to exceed $100,000.00 for cable services, equipment and/or supplies may be expended without further appropriation by the Board of Selectmen, and/or take any other action relative thereto.

BOARD OF SELECTMEN
FINANCE COMMITTEE:  Recommended

ARTICLE 25
To see if the Town will vote to establish and reauthorize pursuant to the provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2007, a revolving fund for the Planning Board into which will be paid all portions of subdivision filing fee receipts collected for the purpose of maintaining the assessors parcel GIS database, as provided in the Rules & Regulations Governing the Subdivision of Land, as they may be amended from time to time.  These funds may be expended for costs not to exceed $20,000, and solely for purposes related to maintaining the GIS database, and may be expended without further appropriation by the Planning Board, and/or take any other action relative thereto.
PLANNING BOARD
FINANCE COMMITTEE:  Recommended

ARTICLE 26
To see if the Town will vote to establish and reauthorize pursuant to the provisions of M.G.L.
 Chapter 44 Section 53D for Fiscal Year 2007, a revolving fund for the Recreation Commission into which will be paid receipts from programs to pay wages and salaries of part-time and seasonal personnel, supplies and expenses relative to programs offered by the recreation Commission, and/or take any other action relative thereto.
RECREATION COMMISSION
FINANCE COMMITTEE:  Recommended

ARTICLE 27
To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to operate the Harbor Enterprise, and/or take any other action relative thereto.

Salaries                 $45,716
Expenses           38,421
Capital Outlay                10,000
Total                     $94,137

And that $94,137  be raised as follows:

User Charges        $94,137

Total                    $94,137
BOARD OF SELECTMEN/HARBORMASTER/WHARFINGER

FINANCE COMMITTEE:  Recommended
NOTE:  The dredging surcharge has been removed.

ARTICLE 28
To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to operate the Waterline Enterprise, and/or take any other action relative thereto.

Expenses    $58,000
Total        $58,000

And that $58,000 be raised as follows: Department Receipts $58,000.
BOARD OF SELECTMEN
FINANCE COMMITTEE:  Recommended

ARTICLE 29
To see if the Town will vote to raise and appropriate and/or transfer from available Dredging Reserve Funds and Harbor Enterprise Undesignated Funds the sum of $70,000 for dredging the Westport River, and/or take any other action relative thereto.
RIVER DREDGING COMMITTEE
FINANCE COMMITTEE:  Recommend to Transfer

ARTICLE 30
To see if the Town will vote to transfer the sum of $10,000 from the Cemetery Lots account for the maintenance and upkeep of cemeteries, avenues, paths and structures situated therein, and/or take any other action relative thereto.
CEMETERY DEPARTMENT
FINANCE COMMITTEE:  Recommended

ARTICLE 31
To see if the Town will vote to transfer $26,000 from Perpetual Care interest for the purchase of a dump truck and associated equipment for the Cemetery Department, and/or take any other action relative thereto.
CEMETERY DEPARTMENT
FINANCE COMMITTEE:  Recommended

ARTICLE 32
To see if the Town will vote to appropriate a sum of money for the cost of various capital expenditures in accordance with the Town’s Fiscal Year 2007 Capital Improvement Planning Program, including the purchase and installation of departmental equipment and computers, the remodeling and making of extraordinary repairs to Town facilities, the development of outdoor recreational facilities, the construction of septic systems for Town facilities and the paving of certain Town properties; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto.

CAPITAL IMPROVEMENT PLANNING COMMITTEE

FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 33
To see if the Town will vote to appropriate a sum of money for acquiring land, or interests in land, for the purposes of open space, recreation, conservation, agricultural preservation and protection of environmental resource areas; to determine whether such appropriation shall be deposited in the Town’s Agricultural/Open Space Preservation Trust Fund; to determine whether this appropriation shall be raised by borrowing or otherwise, and/or take any other action relative thereto.
AGRICULTURAL/OPEN SPACE PRESERVATION COMMITTEE

FINANCE COMMITTEE:  Recommended

ARTICLE 34
To see if the Town will vote to appropriate a sum of money for the construction, original equipping and furnishing of a new public safety facility; to determine whether this appropriation shall be raised by borrowing or otherwise, and/or take any other action relative thereto.

PUBLIC SAFETY BUILDING COMPLEX COMMITTEE

FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 35
To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of $20,000 to be used by the Board of Assessors to fund fees and expenses to update the Revaluation program mandated by M.G.L. Chapter 797 to place the Town on a 100% valuation assessment basis, and /or take any other action relative thereto.
BOARD OF ASSESSORS
FINANCE COMMITTEE:  Recommended

ARTICLE 36
To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the FY07 Community Preservation budget and to appropriate from the Community Preservation Fund a sum of money to meet the administrative expenses and all other necessary and proper expenses of the Community Preservation Committee for Fiscal Year 2007; and further to reserve for future appropriation: a sum of money for the acquisition, creation and preservation of open space excluding land for recreational use, a sum of money for acquisition preservation, restoration and rehabilitation of historic resources, and a sum of money for the creation, preservation and support of community housing; and further to appropriate from the Community Preservation Fund a sum or sums on money for Community Preservation projects or purposes, all as recommended by the Community Preservation Committee, and/or take any other action relative thereto.
COMMUNITY PRESERVATION COMMITTEE

FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 37
To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money not to exceed $30,000 for the purpose of developing plans and specifications for an East Beach Nourishment Project consistent with the recommendations contained within the 1997 Aubrey Consulting Incorporated “Final Report” commissioned by the Commonwealth of Massachusetts Executive Office of Environmental Affairs, Department of Environmental Management, and/or take any other action relative thereto.
BEACH COMMITTEE
FINANCE COMMITTEE:  Not Recommended
NOTE: The article was to produce a plan for a combination of sand and beach grass to be installed on 1800 yards of the 3000-yaard East Beach.  The committee felt that doing only a portion of the beach would not produce the needed results.  Further the cost estimates for implementing the plan could be upwards of $1,500,000 and, further, that there was only about a 50:50 probability that this would halt erosion of East Beach.  Therefore the committee voted to not recommend because of the large uncertainty of the eventual project.

ARTICLE 38

To see if the Town will vote to raise and appropriate and or transfer from available funds a sum of $15,000 for the purpose of developing a layout plan for Main Road from Kirby Road to Hix Bridge Road, including a detailed existing conditions survey, and/or take any other action relative thereto.
BOARD OF SELECTMEN/SIDEWALK COMMITTEE
FINANCE COMMITTEE:  Recommended
NOTE:  Voted 6:3 with the dissenting vote disagreeing that the survey work was required at this time and, further, that alternate routes to a potential sidewalk had not been explored sufficiently.

ARTICLE 39
To see if the Town will vote to raise and appropriate and or transfer from available funds a sum of $25,000 to develop a traffic and pedestrian safety plan for Main Road from Kirby Road to Hix Bridge Road, including alternative plans for sidewalks and crosswalks along segments of Main Road emphasizing the design of pedestrian access from Village Way, and/or take any other action relative thereto.
BOARD OF SELECTMEN/SIDEWALK COMMITTEE

FINANCE COMMITTEE:  Not Recommended
NOTE:  On 4/11/06, we agreed to cut it from $25,000 to $7,000 to reflect the contribution expected from others.  Then on 4/18/06, we voted against even this $7,000, as we were trying to squeeze into the resource envelope.

ARTICLE 40
To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of $15,000 necessary to provide economic planning and coordination services, and/or take any other action relative thereto.
WESTPORT ECONOMIC DEVELOPMENT TASK FORCE

FINANCE COMMITTEE:  Not Recommended
NOTE:  The committee voted 2:6 NOT to recommend on the basis that the productivity of a consultant to provide this information with this amount of money would not produce value for the expenditure.  Further they, under the budget constraints, could not allocate sufficient resources to yield the necessary information.

ARTICLE 41
To see if the Town will vote to amend the Town By-Laws by deleting in Section 0304 the word “April” and inserting therein the word “May”, and/or take any other action relative thereto.
 This is a correction in the By-Laws due to the change from April to May for the Annual Town Meeting.
BOARD OF SELECTMEN
FINANCE COMMITTEE:  Recommended

ARTICLE 42
To see if the Town will vote to amend the Town By-Laws by deleting Section 5001. (CAPITAL IMPROVEMENT PLANNING COMMITTEE) in its entirety and inserting therein the following:

The Board of Selectmen shall appoint a Capital Improvement Planning Committee consisting of ten members as follows:

1).    A person knowledgeable and experienced in banking, finance, or investment matters;
2).    A person who represents the business community;
3).    A person with experience in the management of construction activities;
4).    A person who is a member of the School Committee or an appointee thereof;
5).    A Selectman;
6).    One member of the Finance Committee;
7).    Town Treasurer;
8).    Town Accountant
9).    Town Administrator
10).    One Assessor who is selected by the Board of Assessors
and/or take any other action relative thereto.

BOARD OF SELECTMEN/CAPITAL IMPROVEMENT PLANNING COMMITTEE

FINANCE COMMITTEE:  Recommended

ARTICLE 43
For consideration – To see if the Town will vote to amend the Town By-Laws by adding the following Article LV ROAD SIDE SIGNS AND DISPLAYS as follows:

ARTICLE LV ROAD SIDE SIGNS AND DISPLAYS

5305.1    Except as specifically authorized in advance by the Board of Selectmen or otherwise allowed by law, no sign or display of any sort, including but not limited to advertisements, advertising devices, crosses and other memorial displays may be placed or maintained in, over or on the lay-out of a public way in the Town of Westport.  Notwithstanding the foregoing, memorial displays consisting of a cross or a similar memorial which are deemed not to be a hazard to traffic may be maintained for a period not to exceed fifteen (15) days with the advance written permission of the Board of Selectmen.

5305.2    In addition and subject to receiving any approval needed from the owner of a utility pole, signs no larger than fourteen (14) square inches advertising yard sales and affixed in a manner that does not impede motor vehicle or pedestrian traffic may be placed temporarily on utility poles for a period commencing not more than three (3) days before the date of the sale advertised and must be removed forthwith on the date of the sale.

5305.3    Nothing herein shall be construed to limit the Town’s right to remove any unauthorized sign or display from its property without prior notice or to remove any sign or display from its property without prior notice in the event the sign or display is a threat to public safety.

5305.4    PENALTY.
Any person who shall violate the provisions of these By-Laws after five (5) days’ notice given by the Board of Selectmen or any Westport Police Officer to remove the sign or display in question will be assessed a civil penalty of Twenty-Five Dollars ($25.00) for the first such violation, Fifty Dollars ($50.00) for the second such violation and One Hundred Dollars ($100.00) for a third or subsequent violation may be assessed utilizing the non-criminal disposition procedures contained in MGL Chapter 40, Section 21D.

and/or take any other action relative thereto.
BOARD OF SELECTMEN
FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 44
To see if the Town will vote to amend the Town Cemetery Regulations by inserting the following new section at the conclusion of the current regulations, as follows:

17. No dogs will be allowed in a public cemetery with the exception of service dogs, sometimes known as guide dogs or signal dogs, that have been individually trained to provide assistance to individuals with disabilities, and those contained within a motor vehicle.
And further, to amend the Town Bylaws, by inserting a new section, 3702.6, as follows

    Cemetery Regulations, Section 2401.17, Dogs, Non Criminal Disposition:

    Any person who violates the provisions of Section 2401.17 of the Cemetery Regulations  shall be subject to a fine of $25.00, with each day a violation occurs considered a separate offense.  Any Police Officer of the Town of Westport shall be the enforcing authority for purposes of non-criminal disposition.

and/or take any other action relative thereto.
BOARD OF SELECTMEN

FINANCE COMMITTEE:  Recommended

ARTICLE 45
To see if the Town will vote to amend the Town By-Laws by adding the following Article LVI BOARD OF SELECTMEN as follows:

ARTICLE LVI - BOARD OF SELECTMEN

Board of Selectmen

5601.    TERM OF OFFICE, COMPOSITION.
There shall be a Board of Selectmen consisting of five members elected for three (3) year terms, so arranged that as nearly an equal number of terms as possible shall expire each year.

5602.    VACANCY.
Vacancies in the office of selectman shall be filled by special election in accordance with the provisions of general law.

5603.    POLICY LEADERSHIP RESPONSIBILITIES.
The Board of Selectmen shall serve as the goal setting and policy-making agency of the town and shall appoint a Town Administrator to carry out such policies.  As the chief policy-making agency of the town, the Board of Selectmen shall not normally administer the day–to–day affairs of the town, but shall instead regularly direct the Town Administrator to help it in carrying out its administrative duties, and make recommendations to the Town Meeting relating to actions required to be taken by that body.

5603.1    Except as otherwise provided by the town’s by-laws, all executive powers of the town shall be vested in the Board of Selectmen.  The Board of Selectmen shall have all of the powers and duties given to boards of selectmen under the constitution and general laws of the Commonwealth, and such additional powers and duties as may be authorized by the by-laws or by any other Town Meeting vote.

5603.2    Individual selectmen shall have no independent authority unless specifically voted by the Board of Selectmen.  Selectmen shall deal with administrative agencies and departments through the Town Administrator.

5603.3    The Board of Selectmen shall cause the laws and orders for the government of the town to be enforced and shall cause an up-to-date record of all its official acts to be kept.

5604.    POWERS, DUTIES, AND RESPONSIBILITIES.
Except as otherwise provided in these by-laws, all executive powers of the town shall be vested in the Board of Selectmen and it shall have all of the powers and duties given to Boards of Selectmen under the constitution and general laws of the Commonwealth, and such additional powers and duties as may be authorized by by-law or by Town Meeting vote.

5604.1    The Board of Selectmen shall cause the laws and orders for the government of the town to be enforced and shall cause a record of all its official acts to be kept.

5604.2    The Board of Selectmen shall act as the licensing authority of the town and shall have the power and responsibility required to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach conditions and impose such restrictions as it considers to be on the public interest, and further to enforce, or cause to be enforced, the laws, rules and regulations relating to all business for which it issues licenses.

5604.3    The Board of Selectmen may conduct investigations and may authorize the Town Administrator or other agent to investigate the affairs of the town and the conduct of any town department, office, or agency, including any doubtful claims against the town and for this purpose may subpoena witness, administer oaths, take testimony, and require the production of evidence. The report of such investigation shall be placed on file in the office of the Town Clerk, and report summarizing such investigation shall be printed in the next town report.

5605.    APPOINTING POWERS.
The Board of Selectmen shall appoint the Town Administrator, Assistant Town Administrator and/or Secretary to the Board of Selectmen, Town Counsel, Constables, Town Accountant, Chief of Police, Fire Chief, Harbormaster, Shellfish Warden, Fence Viewers, and members of all multi-member bodies or other positions for whom no other appointment or election provision is made in the by-laws or Massachusetts General Laws.

5605.1    All appointed boards, committees, and commissions, appointed by the Board of Selectmen, shall be responsible to the Board of Selectmen.


5606.    PROHIBITIONS.
No member of the Board of Selectmen shall serve on any appointed town board established by these by-laws for which the Board of Selectmen is the appointing authority, except by an affirmative vote of three (3) of the members of the Board of Selectmen.

5607.    INTERGOVERNMENTAL RELATIONS.
Members of the Board of Selectmen will represent the town on federal, state, regional, and inter-municipal committees, or may designate a town employee or other person to represent the town, and/or take any other action relative thereto.

BOARD OF SELECTMEN
FINANCE COMMITTEE:  Recommended

ARTICLE 46
To see if the Town will vote to amend the Town By-Laws by adding the following Article LVII TOWN ADMINISTRATOR as follows:

ARTICLE LVII – TOWN ADMINISTRATOR

Town Administrator

5701.    APPOINTMENT; QUALIFICATION; TERM.
The Board of Selectmen shall appoint, by an affirmative vote of four (4) members, a Town Administrator for a term of three years that is renewable by the Selectmen upon receiving a satisfactory evaluation from the Board of Selectmen.  The Selectmen shall set the Town Administrator’s compensation within the amount annually appropriated for this purpose.  The Town Administrator shall be appointed solely on the basis of executive, administrative, and educational qualifications.

5701.1    The Town Administrator shall be a professionally qualified person of proven ability, especially fitted to perform the duties of the office by education, training and previous experience in municipal administration.  The Town Administrator will have a Bachelors Degree, preferably a Masters Degree, in Public Administration, Public Policy, Business Management or related field; at least five (5) years experience in an upper level executive municipal positions; or equivalent combination of education and experience.

5701.2    The Administrator shall devote full time to the office and shall not hold any other public office, elective or appointive, or engage in any other business or occupation during his or her term, unless such action is approved in advance, in writing, by the Board of Selectmen.  The town may from time to time, by by-law, establish such additional qualifications as seem necessary and appropriate.

5702.    RELATIONSHIP OF THE TOWN ADMINISTRATOR AND THE BOARD OF SELECTMEN.
The Town Administrator shall be the primary officer responsible for the implementation of the policy directives of the Board of Selectmen.  The daily administration of the affairs of the town shall be the responsibility of the Town Administrator.

5703.    VACANCY IN OFFICE.
The Board of Selectmen shall fill any permanent vacancy in the office of Town Administrator as soon as possible.  Pending the appointment of a Town Administrator, the Board of Selectmen shall, within thirty (30) days, appoint some other qualified person to serve as the Acting Town Administrator.

5704.    TEMPORARY ABSENCE.
The Town Administrator may, by letter filed with the Town Clerk and Board of Selectmen designate as Acting Town Administrator, a qualified officer of the town to perform the duties of the Town Administrator during a temporary absence or disability.  If such absence or disability exceeds thirty (30) days, any designation made by the Administrator shall be subject to the approval of the Board of Selectmen.  In the event of failure of the Town Administrator to make such designation, or if the person so designated is unable to serve, the Board of Selectmen may designate some other qualified person to perform the duties of the Town Administrator until the Town Administrator shall return.

5705.    PROCEDURES FOR REMOVAL OF TOWN ADMINISTRATOR.
The Board of Selectmen, by an affirmative vote of four (4) of its members, may initiate the removal of the Town Administrator prior to the expiration of an employment contract by adopting a preliminary resolution of removal.  Said resolution shall set forth in reasonable detail the reason or reasons for said removal.  The preliminary resolution may suspend the Administrator for a period not to exceed thirty (30) days.  The resolution shall be delivered to the Administrator forthwith upon its adoption.

5705.1    The Administrator, within five (5) days of receipt of the resolution of removal, may request a public hearing by the Board of Selectmen on the reasons stated in the resolution of removal.  The Board of Selectmen shall convene the requested hearing not less than seven (7) nor more than thirty (30) days after receipt of the request by the Town Administrator.  The Town Administrator may be represented by counsel of his or her choice, may call witnesses, may question witnesses and may file a statement on his or her behalf.

5705.2    If the Town Administrator does not request a public hearing then the Board of Selectmen may adopt a final resolution of removal not earlier than ten (10) days after the delivery of the preliminary resolution of removal and not later than twenty (20) days after the delivery of the preliminary resolution.  If the Town Administrator does not request a public hearing, then the Board of Selectmen may adopt a final resolution of removal not earlier than five (5) days or later than ten (10) days after the close of the public hearing.  A final resolution of removal must have an affirmative vote of four (4) members of the Board of Selectmen.  Failure to adopt a final resolution of removal within the time limits set forth herein shall nullify the preliminary resolution of removal.

5705.3    The action of the Board of Selectmen in suspending or removing the Town Administrator shall be final.  The Administrator shall continue to receive his or her salary until a final resolution of removal becomes effective.

5706.    Powers and Duties
The Town Administrator shall be the chief administrative officer of the town.  The Town Administrator shall be responsible to the Board of Selectmen for the proper administration of all town affairs placed in his or her charge by or under the by-laws.  The Town Administrator shall have the following powers and perform the following duties:

5706.1  Implement and carry out all policies and goals established by the Board of Selectmen;

5706.2  Prepare and submit an annual operating budget and capital improvement program and budget;

5706.3  Investigate or inquire into the affairs of any town department under his jurisdiction or when authorized by the Board of Selectmen, investigate or inquire into the affairs of any town department;

5706.4  Attend all regular and special meetings of the Board of Selectmen, unless unavailable for reasonable cause, and shall have a voice, but no vote, in all of its proceedings;

5706.5  Keep the Board of Selectmen fully informed as to the needs of the town and make recommendations to the board;

5706.6  Inform the Board of Selectmen on departmental operations, fiscal matters, administrative actions and provide regular periodic reports to the Board of Selectmen;

5706.7  Inform the Board of Selectmen of the availability of public and private funding opportunities;

5706.8  Administer personnel policies, practices, and rules and regulations, any compensation plan and any related matter for all municipal employees, except school employees;

5706.9  Be responsible for the negotiation, administration and enforcement of collective bargaining agreements and other employment agreements on behalf of the Board of Selectmen;  

5706.10 Have jurisdiction over all town property, insuring that a full inventory of                  all real and personal property is kept excluding property under the jurisdiction of the school committee;

5706.11  Shall be responsible for and oversee the purchase of all supplies,
materials, services and equipment, and approve the award of all contracts for all town departments;

5706.12 Coordinate the activities of all appointed and elected boards, committees and commissions and may require elected boards and individuals to meet with and provide information to the Town Administrator, at reasonable times for the purpose of coordination of financial planning;

5706.13 May create new full time, compensated positions subject to the approval of the Board of Selectmen and funding by town meeting;

5706.14 Supervise, direct and be responsible for the efficient administration of all officers appointed by the Board of Selectmen and their respective departments, and for all functions for which the Town Administrator is given responsibility, authority or control by this charter, by by-law, by Town Meeting vote or by vote of the Board of Selectmen;
5706.15 Delegate, authorize or direct any subordinate or employee appointed by the Board of Selectmen to exercise any power, duty, or responsibility which the office of the Town Administrator is authorized to exercise, provided that all acts that are performed under such delegation are deemed to be the acts of the Town Administrator;

5706.16 Administer and enforce either directly or through a person or persons supervised by the Town Administrator, in accordance with this by-law all provisions of the laws of the Commonwealth applicable to the town, all by-laws, and all regulations established by the Board of Selectmen;

5706.17 Attend all sessions of the Town Meeting to answer all questions addressed to the Town Administrator and which are related to warrant articles and matters of general supervision of the Town Administrator.

5706.18 Administer or oversee annual performance evaluations of all department heads and employees appointed by the Board of Selectmen.

and/or take any other action relative thereto.
BOARD OF SELECTMEN
FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 47
To see if the Town will vote to accept the provisions of Section 12B of M.G.L. Chapter 138, which would prohibit nudity or partial nudity in a licensed premises, and/or take any other action relative thereto.
BOARD OF SELECTMEN
FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 48
To see if the Town will vote to accept the provisions of M.G.L. Chapter 39, Section 23D which provides that a member of any municipal board, committee or commission when holding a judicial or quasi judicial hearing shall not be disqualified from voting in the matter solely due to the member’s absence from any session of the hearing at which testimony or other evidence is received, if the member before voting certifies in writing, under the penalties of perjury, that the member has examined all evidence submitted at the missed session or sessions, including examination of an audio or video recording of the missed session or sessions.  The written certification shall be part of the record of the hearing.  Nothing in this section shall change, replace, negate or otherwise supersede otherwise applicable quorum requirements, and/or take any other action relative thereto.
BOARD OF SELECTMEN
FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 49
To see if the Town will vote to transfer the care, custody, maintenance and control of the land described below to the Board of Selectmen for the purpose of developing affordable housing or for the purpose of disposition by sale or lease, and further to authorize the Board of Selectmen to sell or lease for a period in excess of three years all or a portion of land recorded with the Registry of Deeds at Book 2833, page 168; Book 2833, page 170; and Book 2833, page 172, upon such terms and conditions as the Board of Selectmen shall determine to be appropriate, and/or take any other action relative thereto.
BOARD OF SELECTMEN

FINANCE COMMITTEE:  Recommended

ARTICLE 50
To see if the Town will vote to: (a) approve the form of the Tax Increment Financing (TIF) Agreement between J & S Restaurant Enterprises, Inc. d/b/a Kozy Nook Restaurant and the Town of Westport for land located at 645 State Road (Map 7, Lot 373 and Map 24, Lot 111) on file with the Board of Selectmen and Town Clerk; (b) authorize the Board of Selectmen to execute the TIF Agreement, and any documents relating thereto, and to take such other actions as are necessary or appropriate to implement those documents; and (c) authorize the Board of Selectmen to approve and certify the proposed project as provided in the TIF Plan and to apply to the Fall River Economic Target Area (ETA) and the Commonwealth of Massachusetts under the Economic Assistance Coordinating Council (EACC) for approval and designation of the Economic Opportunity Area (EOA), TIF Plan and TIF Agreement, and any certified project, and take such other and further action as may be necessary or appropriate to carry out the purposes of this article to enhance economic development on the Route 6 corridor as recommended by the Master Plan, and/or take any other action relative thereto.

BOARD OF SELECTMEN/TIP COMMITTEE
FINANCE COMMITTEE:  Recommended


ARTICLE 51
To see if the Town of Westport will, in accordance with G.L. c. 40, section 4A, authorize the Board of Health to enter into an inter-municipal agreement with one or more other governmental units to provide public health services, which the Board of Health is authorized to perform, in accordance with an Inter-Municipal Mutual Aid Agreement to be entered into between the Town and various governmental units, or take any other action relative thereto.
BOARD OF HEALTH
FINANCE COMMITTEE:  Recommended

ARTICLE 52
To see if the Town will vote to amend the Personnel By-Law by deleting under Schedule A -Library Department, the following:

Position                Group        Hours        Pay Basis    Type
Library Clerk                    5          +20            K-A          PT

and inserting therein:

Position                Group        Hours        Pay Basis    Type
Principal Clerk                5          +20            K-A          PT

and if necessary to raise and appropriate and/or transfer from available funds the sum of $3265.00 to the Library Department budget therefore, and/or take any other action relative thereto.
LIBRARY TRUSTEES
FINANCE COMMITTEE:  Recommended

ARTICLE 53
To see if the Town will vote to amend the Personnel By-Law by adding under Schedule A -Library Department, the following:

Position                Group        Hours        Pay Basis    Type
Library Substitute                5          -20          Hourly      PT

and/or take any other action relative thereto.
PERSONNEL BOARD/LIBRARY TRUSTEES

FINANCE COMMITTEE:  Recommended

ARTICLE 54
To see if the Town will vote to amend the Personnel By-Law by deleting under Schedule A –Council on Aging, the following:

Position                Group        Hours        Pay Basis    Type
Director                    1           35          Salary      FT

and inserting therein:

Position                Group        Hours        Pay Basis    Type
Director                    1           40          Salary      FT

and, if necessary, to raise and appropriate and/or transfer from available funds the sum of $5,200 to the Council on Aging Budget therefore, and/or take any other action relative thereto.

PERSONNEL BOARD/BOARD OF SELECTMEN/COUNCIL ON AGING

FINANCE COMMITTEE:  Recommended

ARTICLE 55
To see if the Town will vote to amend the Personnel By-Law by deleting under Schedule A – Council on Aging, the following:

Position                Group        Hours        Pay Basis    Type
Principal Clerk                2           35            K-A          FT

and inserting therein:

Position                Group        Hours        Pay Basis    Type
Principal Clerk                2           40            K-A          FT

and, if necessary, to raise and appropriate and/or transfer from available funds the sum of $3,783 to the Council on Aging Budget therefore, and/or take any other action relative thereto.

BOARD OF SELECTMEN/COUNCIL ON AGING

FINANCE COMMITTEE:  Recommended

ARTICLE 56
To see if the Town will vote to amend the Personnel By-Law by adding under Schedule A – Council on Aging, the following:

Position                Group        Hours        Pay Basis    Type
Volunteer Coordinator            2          -20          Hourly      PT

and/or take any other action relative thereto.
PERSONNEL BOARD/COUNCIL ON AGING

FINANCE COMMITTEE:  Recommended

ARTICLE 57
To see if the Town will vote to amend the Personnel By-Law by adding under Schedule A – Council on Aging, the following:

Position                Group        Hours        Pay Basis    Type
Program Aide                    2          -20          Hourly      PT

and/or take any other action relative thereto.
PERSONNEL BOARD/COUNCIL ON AGING

FINANCE COMMITTEE:  Recommended

ARTICLE 58
To see if the Town will vote to amend the Personnel By-Law by adding under Schedule A – Board of Selectmen, the following:

Position                Group        Hours        Pay Basis    Type
Public Access Equipment Operator        2          -20          Hourly      PT

and/or take any other action relative thereto.
PERSONNEL BOARD/BOARD OF SELECTMEN

FINANCE COMMITTEE:  Recommended

ARTICLE 59
To see if the Town will vote to amend the personnel By-Law by deleting under Schedule A – Cable Advisory, the following:

Position                Group        Hours        Pay Basis    Type
Public Access Coordinator            2          -20          Salary      PT

and inserting therein under Schedule A – Board of Selectmen:

Position                Group        Hours        Pay Basis    Type
Public Access Coordinator            2          -20          Hourly      PT

and/or take any other action relative thereto.
BOARD OF SELECTMEN
FINANCE COMMITTEE:  Recommended

ARTICLE 60
To see if the Town will vote to amend the personnel By-Law by adding under Schedule A – Conservation commission, the following:

Position                Group        Hours        Pay Basis    Type
Recording Clerk                2          -20          Hourly      PT
    
and/or take any other action relative thereto.
CONSERVATION COMMISSION
FINANCE COMMITTEE:  Recommended

ARTICLE 61
To see if the Town will vote to accept the recommendation of the Westport Point Historic District Expansion Study Committee and the Westport Historical Commission to expand the area included in the Westport Point Historic District by adding 16 lots (plat/lot numbers 58/80, 58/81, 58/82, 58/83, 58/84, 58/85, 58/86, 58/87, 58/88, 83/76, 83/77, 83/78, 83/79, 83/80, 83/81 and 83/82) and amend the Westport Historical Commission By-Law dated April 3, 1973 by deleting the map and legal description of the Westport Point Historic District recorded July 9, 1973 (as an attachment to the Westport Historical Commission By-Law) and substituting a revised map dated March 10, 2006, which includes the originally established district and the proposed additions
recommended above, and/or take any other action relative thereto.

HISTORICAL COMMISSION
FINANCE COMMITTEE:  Recommended

ARTICLE 62
To see if the Town will vote to amend the Westport Historical Commission By-Law Section 6 to substitute 45 days for the 21 days established therein as the period between an application for a Certificate and the Commission’s filing of its determination on that application with the Town Clerk, and/or take any other action relative thereto.
HISTORICAL COMMISSION
FINANCE COMMITTEE:  Recommended


ARTICLE 63
To see if the Town will vote to adopt the following resolution:

Resolution Regarding Ending Lottery Diversion

    WHEREAS, the Town of Westport has not received 100% of its share of the Lottery Funds as well as other cities and towns in the Commonwealth, be it resolved that:

∑ It is the consensus of the town meeting that local lottery revenues should not be used by the Commonwealth of Massachusetts to balance the state budget.

∑ That state revenues have increased at record levels, therefore there should be no reason to continue the diversion.

∑ Local property taxes have increased tremendously and continuing the diversion will elevate taxes even higher in order to provide local services.

∑ The Town of Westport has cut services due to severe cuts in local aid over the past several years.

Be it further resolved that the Governor of the Commonwealth of Massachusetts and the Legislators be requested to commit to uncapping the lottery diversion and to return 100% of the town’s share of lottery funds beginning in Fiscal Year 2007.
BOARD OF SELECTMEN
FINANCE COMMITTEE:  Recommended

ARTICLE 64
To see of the Town will pass a By-Law requiring that any person walking or cycling on a Town road during hours of darkness wear or prominently display on their person a light or light reflective material.
BY PETITION
FINANCE COMMITTEE:  Recommended

ARTICLE 65
To see if the Town will vote to accept the layout of Jillian Way, one of the streets serving the Westport Meadows (Phase II) subdivision, and or take any other action relative thereto.
BY PETITION
FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 66
To see if the Town will vote to accept the layout of Courtlyn Lane, one of the streets serving the Westport Meadows (Phase II) subdivision, and or take any other action relative thereto.

BY PETITION
FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 67
To see if the Town will vote to accept the layout of Aime’s Way, on file in the office of the Town Clerk, and or take any other action relative thereto.
BY PETITION

FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 68
To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to the Pension Reserve Fund and/or take any other action relative thereto.

FINANCE COMMITTEE
FINANCE COMMITTEE:  Recommendation at Town Meeting

ARTICLE 69
To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to the Cemetery Perpetual Care Fund and/or take any other action relative thereto.

FINANCE COMMITTEE
FINANCE COMMITTEE:  Recommend Passover

ARTICLE 70
To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to the Stabilization Fund and/or take any other action relative thereto.

BOARD OF SELECTMEN/FINANCE COMMITTEE

FINANCE COMMITTEE:  Recommendation at Town Meeting