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ARTICLES 11 & 22
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ARTICLES 8 & 20
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FY 2012
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FY 2012
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FY 2011
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Levy Limit
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Transfers
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Budget
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Budget
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Budget
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Long Term Debt
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910,653
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839,408
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901,160
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Article 21: - FY12 Free Cash Transfer to Stabilization Fund:
On motion of Peter Scavongelli it was voted by a declared unanimous vote that Seventy Five Thousand Dollars ($75,000) be transferred from Free Cash (Surplus Revenue) in the treasury of the Town to increase the Stabilization Fund.
Article 22: - FY12 Free Cash Transfer to Support Operating Budget:
On motion of John Williams it was voted by a declared unanimous vote that Two Hundred Twenty-Two Thousand Eight Hundred Fifty-Two Dollars ($222,852) be appropriated to meet the appropriations for the FY 2012 budget and to meet this appropriation, that said sum be transferred from Free Cash (Surplus Revenue) in the treasury of the town.
Article 23: - Mannis Land Survey:
On motion of William Tice it was voted by a declared unanimous vote that Six Thousand ($6,000) be raised and appropriated from the FY12 tax levy and other general revenues of the Town to be spent by the Town Administrator with the approval of the Conservation Commission to pay for the costs of land surveying and related services to the survey of the Mannis Conservation Land, an approximately 27.88 acre parcel of land acquired by the Town as a gift in 1982 and located on Rutland Street.
Article 24: - CPA Annual Authorization:
On motion of Luke Ascolillo it was voted by a majority vote that the Community Preservation Committee recommendations for transfers and expenditures for Fiscal Year 2012 be approved as follows:
Motion 1:
That the following amounts be appropriated from the Fiscal Year 2012 Community Preservation Fund estimated revenues to the Community Preservation Fund accounts as follows:
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Forty Five Thousand One Hundred Dollars ($45,100) be appropriated to the Community Housing Reserve Fund.
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Forty Five Thousand One Hundred Dollars ($45,100) be appropriated to the Historic Reserve Fund.
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One Hundred Eighty Nine Thousand Dollars ($189,000) be appropriated for Debt Service Principal Payment on Open Space Borrowings comprised of $45,100, which is the 10% designated to the Community Preservation Open Space Reserve Fund for fiscal year 2012 and $143,900 from unreserved fiscal year 2012 estimated revenues.
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Fifteen Thousand Four Hundred Ten Dollars ($15,410) be appropriated for Debt Service Interest Expense.
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Two Thousand Dollars ($2,000) be appropriated for Administrative Expenses
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One Hundred Fifty Four Thousand Three Hundred Ninety Dollars ($154,390) be appropriated to the fiscal year 2012 Community Preservation Budget Reserve account.
Motion 2:
That Two Thousand Five Hundred Dollars ($2,500) be appropriated effective July 1, 2011 (Fiscal Year 2012), for the Carlisle Town Clerk with the approval of the Board of Selectmen to expend to preserve historical records of the Town, including, but not limited to, binding of past Town Reports and to stabilize the condition of other documents under the care of the Town Clerk, and to meeting this appropriation that Two Thousand Five Hundred Dollars ($2,500) be transferred from the Community Preservation Historic Reserve Fund balance, and further that after June 30, 2015, any residual unexpended funds be returned to the Community Preservation Historic Reserve Fund balance.
Motion 3:
That One Hundred Thousand Dollars ($100,000) be appropriated effective July 1, 2011 (Fiscal Year 2012) for the Carlisle Housing Authority with the approval of the Board of Selectmen to expend for the support of community housing by funding the compensation of the Community Housing Coordinator, not to exceed 40 hours in any week and to average 30 hrs or less per week, for fiscal years 2012 and 2013, and to meet this appropriation that One Hundred Thousand Dollars ($100,000) be transferred from the Community Preservation Community Housing Fund balance in FY 2012, and further that after June 30, 2013, any residual unexpended funds be returned to the Community Preservation Community Housing Fund balance.
Motion 4:
That Motion 7 of Article 21, approved at the Annual Town Meeting of May 5, 2008, regarding the appropriation of funds for the Carlisle Affordable Housing Trust to expend for the purpose of developing infrastructure on the land known as Benfield Parcel A relating to the potential development of senior affordable housing, be amended by removing the phrase “on or before December 31, 2011” and replacing it with the phrase “on or before December 31, 2016.”
Motion 5:
That Motion 7 of Article 20, approved at the Annual Town Meeting of June 8, 2005, regarding the appropriation of funds for the Trails Committee to be expended for the improvement and/or construction of trails in town, be amended by adding the following language to the end of the motion: “provided however, that all or any portions of this appropriation not so expended on or before May 31, 2011 shall not be further expended and shall be restored to the Community Preservation Fund.”
Motion 6:
That Motion 9 of Article 20, approved at the Annual Town Meeting of June 8, 2005 be amended by replacing “and $50,000 to be spent by the Carlisle Housing Authority for the design of an affordable housing development on Benfield land” with “and $50,000 to be spent by the Carlisle Housing Authority for the design, permitting fees, and other development costs of an affordable housing development on Benfield land. Further, that the motion be amended by adding the following language to the end of the motion :“provided however, that all or any portions of these appropriations not so expended on or before December 31, 2016 shall not be further expended and shall be restored to the Community Preservation Fund.”
Article 25: - Solar Photovoltaic Facility Overlay Bylaw:
On motion of Douglas A. G. Stevenson it was voted by a declared 2/3rds majority to amend the Town of Carlisle Zoning Bylaws for the purpose of establishing a solar photovoltaic facility overlay district as follows:
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Add a new Section 5.8 as follows:
5.8 SOLAR PHOTOVOLTAIC FACILITY OVERLAY DISTRICT
5.8.1 The purpose of this Section 5.8 is to promote the creation of new large-scale Ground-Mounted Solar Photovoltaic Facilities by: establishing a Solar Photovoltaic Facility Overlay District for construction of a Ground-Mounted Solar Photovoltaic Facility; providing standards for the placement, design, construction, operation, monitoring, modification and removal of such facilities, which standards address public safety and minimize impacts on scenic, natural and historic resources; and providing adequate financial assurance for the eventual decommissioning of such facilities.
5.8.2 Definitions. As used in this Section, the following terms shall have the meanings indicated:
Ground-Mounted Solar Photovoltaic Facility or “Facility”– A solar photovoltaic system and all associated equipment and structures which has a minimum nameplate capacity of 250 kW DC that is structurally mounted on the ground, and is not larger than 1.5 acres in aggregate.
5.8.3 Modifications. All provisions of this Section also pertain to physical modifications that materially alter the type, configuration, or size of a Ground-Mounted Solar Photovoltaic Facility.
5.8.4 Location. The Solar Photovoltaic Facility Overlay District shall consist of an area of approximately 7 acres comprised of Assessor's Map 21 Parcels 10 & 11 and a 200 ft x 200 ft portion of Map 20 Parcel 1 along its boundaries with Map 21 Parcels 10 & 9, which shall be shown on a map entitled “Property Maps, Carlisle, Massachusetts.” The location of renewable energy generation facilities in the form of a Ground-Mounted Solar Photovoltaic Facility shall be permitted as of right in this district.
5.8.5 Site Plan Review. No building permit shall be issued for a Ground-Mounted Solar Photovoltaic Facility and no modifications as described in Section 5.8.3 above shall be allowed without prior approval by the Board of Selectmen pursuant to the Site Plan Review process set forth in Section 7.6 of these Bylaws. Notwithstanding Section 7.6.2 of these Bylaws, (1) the Board of Selectmen shall not take final action on an application for a Ground-Mounted Solar Photovoltaic Facility until it has received a report and recommendation from the Planning Board and (2) a Site Plan shall be deemed constructively approved if not acted upon within one year after submission of complete plans and other materials required by Section 7.6 of these Bylaws.
5.8.5.1 Applications for Site Plan Review shall include evidence that the utility company that operates the electrical grid where the Facility is to be located has been informed and consents to the Ground-Mounted Solar Photovoltaic Facility owner’s or operator’s plan to connect to the electrical grid. Off-grid systems are exempt from this requirement.
5.8.6 Compliance with Laws. The construction and operation of a Ground-Mounted Solar Photovoltaic Facility shall be consistent with all applicable local, state, and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of or associated with a Ground-Mounted Solar Photovoltaic Facility shall be constructed in accordance with the State Building Code.
5.8.7 Dimensional and Other Requirements. The height of all structures comprising a Ground-Mounted Solar Photovoltaic Facility shall not exceed 12 feet above the pre-existing natural grade. For a Ground-Mounted Solar Photovoltaic Facility, all setbacks from lots lines shall be at least 40 feet. As part of Site Plan Review, the Board of Selectmen may require larger setbacks if appropriate for screening, provided, however, that such larger setbacks shall not have the effect of rendering a Ground-Mounted Solar Photovoltaic Facility infeasible.
5.8.7.1 All structures included within a Ground-Mounted Solar Photovoltaic Facility shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking, and building coverage requirements. All such structures, including but not limited to equipment shelters, storage facilities, transformers, and substations shall be architecturally compatible with each other. Whenever reasonable, structures should be screened from view by vegetation and/or joined or clustered to minimize adverse visual impacts.
5.8.7.2 All utility connections to the Ground-Mounted Solar Photovoltaic Facility shall be via underground lines. Electrical transformers for utility interconnections may be above ground if required by the utility provider; however, they shall be screened from view.
5.8.7.3 Lighting of a Ground-Mounted Solar Photovoltaic Facility shall be consistent with local, state, and federal law. Lighting of other parts of the Facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the Facility shall be directed downward and away from residential structures and shall incorporate full cut-off fixtures to reduce light pollution.
5.8.7.4 A sign at the Facility shall be required to identify the owner and operator of the Facility and provide a 24-hour emergency contact phone number. The Facility shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the Facility.
5.8.7.5 The Facility owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Carlisle Fire Department. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the Facility shall be clearly marked. The owner or operator shall identify and provide the Town with contact information for a responsible person for public inquiries throughout the life of the Facility.
5.8.7.6 Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the Ground-Mounted Solar Photovoltaic Facility, or otherwise prescribed by applicable laws, regulations, and bylaws.
5.8.8 Maintenance. The owner, operator, successors, and assigns of the Ground-Mounted Solar Photovoltaic Facility shall maintain the Facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and ensuring the integrity of security measures, and otherwise shall be maintained as set forth in any Operations and Maintenance Plan approved pursuant to Site Plan Review. Site access shall be maintained by the owner or operator of the Facility at its sole cost, unless any access road(s) are accepted as a public way.
5.8.9 Abandonment or Decommissioning
5.8.9.1. Removal Requirements: Any Ground-Mounted Solar Photovoltaic Facility that has reached the end of its useful life or has been abandoned consistent with sub-section 5.8.9.2 of this section shall be removed. The owner or operator shall physically remove the Facility no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Building Commissioner by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning of the Facility shall consist of:
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Physical removal of the Facility and all associated structures, equipment, security barriers, and transmission lines from the site;
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Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; and
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Stabilization or re-vegetation of the site as necessary to minimize erosion. With prior written authorization from the Board of Selectmen, the owner or operator of the Facility may leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
5.8.9.2 Abandonment: Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the Facility shall be considered abandoned when it fails to operate for more than one year without the written consent of the Board of Selectmen. If the owner or operator of the Facility fails to remove the Facility in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the Facility.
5.8.9.3 Financial Surety: The owner or operator of the Facility shall provide a form of surety acceptable to the Board of Selectmen, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the Facility and restore the landscape, in an amount and form determined to be reasonable by the Board of Selectmen, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein. Such surety will not be required for a municipally- or state-owned Facility. The project owner or operator shall submit a fully inclusive estimate of the costs associated with removal of the Facility, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.
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Types of Districts
For the purpose of this bylaw, the Town of Carlisle is hereby divided into seven classes of districts, which shall be known as:
2.1.1 General Residence District A
2.1.2 General Residence District B
2.1.3 Business District
2.1.4 Carlisle Center Business District
2.1.5 Wetland/Flood Hazard District
2.1.6 Residence District M - Multi-dwelling housing for the elderly
2.1.7 Solar Photovoltaic Facility Overlay District
The Town of Carlisle has also established an Historic District under the provisions of Chapter 40C of the Massachusetts General Laws. This district is not a zoning district but is shown on the Zoning District Map for informational purposes. For regulations related to the Historic District see Article IX of Carlisle bylaws.
2.2 Location of Districts
All districts except the Wetland/Flood Hazard District and the Solar Photovoltaic Facility Overlay District are located and bounded as shown on a map entitled “Zoning District Map of Carlisle, Mass.”, dated March 1962 (as revised to date), signed by the Planning Board, and filed with the Town Clerk, together with any and all amendments thereto subsequently adopted by the Town. This map, together with all explanatory material thereon, shall be deemed to accompany and be a part of this bylaw.
The Wetland/Flood Hazard District is shown on a map entitled “Property Maps, Carlisle, Massachusetts,” consisting of an index map and 36 sheets together with all amendments thereto subsequently adopted by the Town on file with the Town Clerk, the District being depicted as “Wetland/Flood Hazard Zoning District, adopted March 31, 1980,” amended on May 3, 1988, and further amended as required to be consistent with the Middlesex County Flood Insurance Rate Map (FIRM) dated June 4, 2010 and issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Middlesex County FIRM that show flood zones located wholly or partially within the Town include map panel numbers 25017C0242E, 25017C0244E, 25017C0253E, 25017C0254E, 25017C0261E, 25017C0262E, 25017C0263E, 25017C0264E, 25017C0266E and 25017C0268E dated June 4, 2010. The exact boundaries of the flood hazard areas within the Wetland/Flood Hazard District are defined by the 100 year base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS) report dated June 4, 2010. The FIRM and FIS report are incorporated herein by reference and are hereby made a part of the Zoning District Map of the Town of Carlisle.
The Solar Photovoltaic Facility Overlay District is shown on sheets 20 and 21 of a map entitled “Property Maps, Carlisle, Massachusetts,” consisting of an index map and 36 sheets together with all amendments thereto, subsequently adopted by the Town on file with the Town Clerk, the District being depicted as “Solar Photovoltaic Facility Overlay District, adopted May 9, 2011,” which are hereby made a part of the Zoning District Map of the Town of Carlisle.
Article 26: - Terminate Highland Building Preservation Activities
On motion of Ralph Anderson, a declared majority vote of NO failed to pass the following:
…that the Town request the Board of Selectmen to suspend, for a period of one year, all preservation construction activities for the Highland building voted under Article 22 (Motion 5) of the 2009 Annual Town Meeting, This vote shall in no way prevent normal repair and maintenance activities at the Highland Building. (This vote is non-binding)
Article 27: - Appropriate Funds to Demolish Highland Building
On motion of Ralph Anderson, a declared majority vote of NO failed to pass the following:
… that One Hundred Thirty Three Thousand Dollars ($133,000) be appropriated, to be spent by the Board of Selectmen, to pay for the demolition of the Highland Building and to meet this appropriation, that One Hundred Thirty Three Thousand Dollars ($133,000) be transferred from Free Cash (Surplus Revenue) in the treasury of the town.
ANNUAL TOWN ELECTION – May 17, 2011
The Annual Town Election was held in said Carlisle on May 17, 2011. The polls were declared open at 7:00 AM by Deputy Warden of the Elections, Rochelle Landon, and were closed by Warden Kerri Piette at 8:00 PM. There were a total of 346 ballots cast of which 11 were absentee ballots. After the ballots were counted and the vote recorded, the following results were announced at 10:20 PM.
Moderator – One for One Year
Wayne H. Davis 739 Concord Street 307
Blank 39
Total 346
Board of Selectmen – Two for Three Years
John Williams 104 Hart Farm Rd 246
Timothy F. Hult 20 Audubon Rd 304
Blank 134
Other 8
Total 692
Board of Assessors – One for Three Years
Michael Coscia 320 Russell St 286
Blank 60
Total 346
Board of Health – One for Three Years
Jeffrey A. Brem 100 Long Ridge Rd 297
Blank 49
Total 346
Board of Health – One for One Year
Donna Walker Margolies 166 Indian Hill 288
Blank 58
Total 346
Housing Authority – One for Two Years
Warren (Randy) Brown 778 East St 278
Blank 66
Other 2
Total 346
Library Trustee – One for Three Years
Steven E. Golson 388 Stearns St 293
Blank 53
Total 346
Planning Board – Two for Three Years
Michael Epstein 57 Spencer Brook Ln 197
Jonathan Stevens 871 Maple St 204
Robert B. West 201G Clark Farm Rd 41
Blank 245
Other 5
Total 692
School Committee – Two for Three Years
William F. Fink 80 Daniels Ln 277
Louis Salemy 438 Concord Rd 277
Blank 136
Other 2
Total 692
DEBT EXCLUSION QUESTIONS
G.L. c. 59, s. 21C(k)
Question 1: Shall the Town of Carlisle be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bond issued to fund the purchase of a Sander/Dump Truck for the Carlisle DPW?
YES 72 NO 62 BLANK 12
COMMUNITY PRESERVATION ACT REFERENDA
Question 1: Shall the Town of Carlisle rescind its acceptance of Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, approved by its legislative body, a summary of which appears below?
Sections 3 to 7 of Chapter 44B of the General Laws of Massachusetts, also known as the Community Preservation Act, establish a dedicated funding source to acquire and preserve open space, parks and conservation land, protect public drinking water supplies, and scenic areas, protect farm land and forests from future development, restore and preserve historic properties, and help meet local families' housing needs. In the Town of Carlisle, since acceptance by the Town in 2001 the Community Preservation Act has been funded by an additional excise of 2% on the annual tax levy on real property and by matching funds provided by the State. Property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the Town, as defined by Section 2 of said Act is exempted. $100,000 of the value of each taxable parcel of residential real property is exempted. Any other taxpayer receiving an exemption of real property authorized by Chapter 59 of the General Laws is exempt from this act. A Community Preservation Committee composed of local citizens makes recommendations on the use of the funds and all expenditures are subject to an annual audit.
YES 102 NO 211 BLANK 33
Question 2: Shall the Town of Carlisle increase the surcharge on real property from two percent (2%) to three percent (3%) of the real estate tax levy against real property as determined annually by the Board of Assessors, as provided in M.G.L. c.44B, §§3 and 16(a), which are part of Chapter 44B of the General Laws, as approved by its legislative body, a summary of which appears below?
Sections 3 to 7 of Chapter 44B of the General Laws of Massachusetts, also known as the Community Preservation Act, establish a dedicated funding source to acquire and preserve open space, parks and conservation land, protect public drinking water supplies, and scenic areas, protect farm land and forests from future development, restore and preserve historic properties, and help meet local families' housing needs. In the Town of Carlisle, since acceptance by the Town in 2001 the Community Preservation Act has been funded by an additional excise of 2% on the annual tax levy on real property and by matching funds provided by the State. Property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the Town, as defined by Section 2 of said Act is exempted. $100,000 of the value of each taxable parcel of residential real property is exempted. Any other taxpayer receiving an exemption of real property authorized by Chapter 59 of the General Laws is exempt from this act. A Community Preservation Committee composed of local citizens makes recommendations on the use of the funds and all expenditures are subject to an annual audit.
YES 106 NO 207 BLANK 33
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