To Joseph Perkins, Police Chief or any of the Police Officers of the Town of Middleborough

 

Greetings:

 

In the name of the Commonwealth of Massachusetts you are hereby required to notify and warn all the inhabitants of said Town, qualified to vote in Town affairs, to meet in the Auditorium of the Middleborough High School, on Monday, April 22, 2024, at 7:15 P.M., to act on the following articles:

 

ARTICLE 1.   To hear the report of any committee or officer of the Town, to appoint any committee, or act anything thereon.

 

 

ARTICLE 2.   To see if the Town will vote to raise and appropriate a sum of money by taxation or from available funds in the treasury to defray expenses of the Town for the fiscal year beginning on July 1, 2024, relating to all or any of its officers, boards or departments and for purposes authorized by law, or act anything thereon.

 

 

ARTICLE 3.   To see if the Town will vote to transfer from the income from the sales of gas and electricity a sum of $798,250.00 to the Assessors for the purpose of fixing the tax rate for Fiscal Year 2025, or act anything thereon.

 

 

ARTICLE 4.   To see if the Town will vote to set limits on the total amount that may be expended from each of the following revolving funds during Fiscal Year 2025, as follows:

 

Name of Revolving Funds                                                                  Maximum Total Amount which may be Expended from Funds

 

1 Municipal Fire Alarm System                                                                                               $15,000.00

2 Hazardous Materials Incident Training                                                                                 $50,000.00

3 Recycling Program                                                                                                                $5,000.00

4 Composting Bin Program                                                                                                       $2,500.00

5 Herring Fisheries Program                                                                                                    $10,000.00

6 Recreation and Sports Program                                                                                           $100,000.00

7 Zoning Map, Bylaws and Subdivision, Rules and Regulations                                                    $2,500.00

8 Oliver Estate Advisory Committee                                                                                       $100,000.00

9 Tourism Committee                                                                                                            $100,000.00

10 Wetland Act/Bylaw                                                                                                             $15,000.00

 

 

ARTICLE 5.   To see if the Town will vote to appropriate from the PEG Access and Cable Related Fund $424,716.90 to fund the Fiscal Year 2025 budget of the Middleborough Permanent Cable Committee, said sum to be available to be expended to operate the Middleborough PEG Access Channels/MCCAM for necessary and expedient cable-related purposes consistent with the license agreements with Comcast and Verizon, or act anything thereon.

 

Sponsored by MCCAM

 

ARTICLE 6. To see if the Town will vote to raise and appropriate and/or transfer up to $10,806.98 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, for the Conservation Commission to fund the Town’s share of the required 20% match to the Massachusetts Department of Conservation & Recreation FY25 Mass Trails Grant of the $54,030.49 to purchase Equipment for the care of all land under the care & custody of the Conservation Commission; provided that said appropriation shall be contingent upon the award of said grant, or act anything thereon.

Sponsored by the Conservation Commission

ARTICLE 7. To see if the Town will vote to raise and appropriate and/or transfer $500,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing from the Massachusetts Clean Water Trust or otherwise for the purpose of funding the Town’s program to repair, replace or upgrade waste disposal systems and all related, necessary and relevant expenses, or act anything thereon.

Sponsored by the Board of Health

ARTICLE 8. To see if the Town will vote to raise and appropriate and/or transfer $350,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for the Water Department for all related, relevant and necessary expenses associated with the Miller/Tispaquin/Rocks Pumping Station(s) Evaluation and Pilot Study, or act anything thereon.

Sponsored by the Water Department

ARTICLE 9. To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing from the Massachusetts Clean Water Trust or otherwise, for the construction ‎and equipping of the Middleborough East Grove Street Water Treatment Plant, including landscaping, earthwork, exterior work, replacement of the garage, and repairs to the existing pump house, and including ‎without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General ‎Laws and all related, relevant, and necessary expenses associated therewith; or act anything thereon.

Sponsored by the Capital Planning Committee

ARTICLE 10. To see if the Town will vote to raise and appropriate and/or transfer $208,765.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for all relevant and necessary expenses associated with the Wastewater Department Asset Management Program; or act anything thereon.

Sponsored by the Capital Planning Committee

ARTICLE 11. To see if the Town will vote to raise and appropriate and/or transfer $400,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing to purchase and equip a sanitation truck; or act anything thereon.

Sponsored by the Capital Planning Committee

ARTICLE 12. To see if the Town will vote to raise and appropriate and/or transfer $200,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for all related, relevant and necessary expenses associated with the replacement of the secondary clarifier gates at the wastewater treatment plant; or act anything thereon.

Sponsored by the Capital Planning Committee

ARTICLE 13. To see if the Town will vote to raise and appropriate and/or transfer $50,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for all related, relevant and necessary expenses associated with public water supplier cybersecurity upgrades; or act anything thereon.

Sponsored by the Capital Planning Committee

ARTICLE 14. To see if the Town will vote to raise and appropriate and/or transfer $1,500,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for the replacement of the HVAC system at the Middleborough Public Library, including all related, relevant and necessary expenses associated therewith; or act anything thereon.

Sponsored by the Capital Planning Committee

ARTICLE 15. To see if the Town will vote to appropriate $400.00 from the trust fund established under Clause Nineteenth C – VII of the will of Frederick S. Weston in connection with the Frederick Weston Memorial property, said sum representing a portion of the proceeds from the sale of timber, for the Stipend for the Weston Forest Committee secretary, or act anything thereon.

Sponsored by the Weston Forest Committee

ARTICLE 16. To see if the Town will vote to authorize the Select Board, acting as the Board of Water Commissioners, to acquire by purchase, gift, and/or eminent domain, the parcel of land located on Marion Road, identified as Assessor’ Parcel 78-1565, and containing 5.68 acres, more or less, and to have care, custody, management and control of said parcel for water supply and/or watershed protection purposes pursuant to the provisions of G.L. c. 40, §39B and/or G.L. c. 40, §41 and Article 97 of the Amendments to the Massachusetts Constitution, on such terms and conditions as the Select Board deems in the best interests of the Town, and, as funding therefor, to raise and appropriate, transfer from available funds, and/or borrow the sum of $167,000.00 for said acquisition and costs incidental or related thereto, and, further, to authorize the Select Board or its designee to file on behalf of the Town any and all applications under the Drinking Water Supply Protection Grant Program and/or any other applications for funds, gifts, and grants under any federal and/or other state program in any way connected with the scope of this acquisition, and to enter into all agreements and execute any and all instruments as may be necessary or appropriate to effectuate the foregoing acquisition, or act anything thereon.

Sponsored by the Town Manager

ARTICLE 17. To see if the Town will vote to transfer the care, custody and control of a portion of the Town-owned property located off Wareham Street, which property contains 10.38 acres, is identified as Assessors’ Parcel 110-3538, and described in a deed recorded with the Plymouth Registry of Deeds in Book 4575, Page 130, and which portion contains 0.39 acres, more or less, and is approximately shown as “Parcel Z” on a plan of land entitled “Preservation Plan of Proposed Land Swap,” dated January 31, 2024, a copy of which is on file with the Town Clerk, from the board or officer having custody thereof for the purposes for which said portion is currently held to the Select Board for general municipal purposes and for the purposes of conveyance, and to authorize the Select Board to convey said portion on such terms and conditions and for such consideration as the Select Board deem in the best interests of the Town, which may be in exchange for land hereinafter described, and to authorize the Select Board to acquire, in consideration for said land, two parcels of land containing a total of 1.98 acres, more or less, and approximately shown as “Parcel X” and “Parcel Y” on the aforementioned plan, by purchase, gift, and/or eminent domain and for general municipal and/or utility purposes; and, further, to authorize the Select Board to enter into any and all agreements and take such actions as may be necessary or appropriate to effectuate the foregoing; or act anything thereon.

Sponsored by the Town Manager

ARTICLE 18. To see if the Town will vote to authorize the Select Board to acquire by gift, for public parking purposes, the fee to and/or permanent easements in, on and under the parcels of land located on or near Center Street and identified as Assessors’ Parcels 50P-6132, 50P-6133, 50P-6214, 50P-6215, 50P-6218, 50P-6219, 50P-6227, 50P-6228, 50P-6251, and 50P-6255, and to grant permanent and temporary access, utility, parking and other easements in, on, and under the Town-owned parcels identified as Assessors’ Parcels 50P-5396, 50P-5474, 50P-6134, and 50P-6229, on such terms and conditions as the Select Board deem in the best interests of the Town, or act anything thereon.

Sponsored by the Town Manager

ARTICLE 19. To see if the Town will vote to authorize the Select Board to lease, for a term of up to 99 years, the Town-owned property located at 99 North Main Street, with the historic Peter H. Peirce building thereon, and described in a deed recorded with the Plymouth Registry of Deeds in Book 1704, Pages 2-3, on such terms and conditions and for such consideration as the Select Board deems in the best interest of the Town; or act anything thereon.

Sponsored by the Select Board

ARTICLE 20. To see if the Town will vote to raise and appropriate and/or transfer $5,500.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing to prepare a Conservation Restriction Plan for Town-owned property located off Plymouth Street, formerly part of 415 Plymouth Street containing approximately 95 +/- acres, more or less, known as “Picone Farm”, and shown on Assessors Map 31, Parcels 3687, 4447, 5272 and 6082 and Map 41, Parcel 466 in relation to a Conservation Restriction that will be held by the Wildlands Trust, or act anything thereon.

Sponsored by the Conservation Commission

ARTICLE 21. To see if the Town will vote to raise and appropriate and/or transfer $17,170.81 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing to fund a Stewardship Endowment to the Wildlands Trust for the future annual monitoring of a Conservation Restriction (CR) to be held by said Trust for property located off Plymouth Street, formerly part of 415 Plymouth Street containing approximately 95 +/- acres, more or less, and known as “Picone Farm”, or act anything thereon.

Sponsored by the Conservation Commission

ARTICLE 22. To see if the Town will vote to appropriate or reserve from the Community Preservation Fund annual revenues in the amounts recommended by the Community Preservation Committee for committee administrative expenses, debt service, community preservation projects and other expenses in Fiscal Year 2025, with each item to be considered a separate appropriation:

Appropriations:
From FY 2025 estimated revenues for Committee Administrative expenses $ 10,000.00

Reserves:
From FY 2025 estimated revenues for Historic Resources Reserve $ 54,000.00

From FY 2025 estimated revenues for Community Housing Reserve
$ 54,000.00

From FY 2025 estimated revenues for Open Space Reserve
$ 54,000.00

From FY 2025 estimated revenues for Budgeted Reserve
$368,000.00

(total = $540,000.00)

Or take any action thereon.

Sponsored by the Community Preservation Committee

ARTICLE 23. To see if the Town will vote to amend the vote taken under Article 9 of the October 16, 2023 Special Town Meeting, pursuant to which the Town voted to authorize the Select Board to acquire the properties described in said vote and appropriated the sum of $2,707,000.00 from the Community Preservation Fund for the purchase of the properties described therein and costs incidental or related thereto, to remove certain properties and to amend the appropriations made under said vote, such that the amended vote now reads as follows: the Town votes to (a) appropriate the sum of $2,200,000.00 under the Community Preservation Act for the purpose of acquiring the parcels described below and costs incidental or related thereto, of which $500,000.00 will be transferred from the Budgeted Reserve and $270,000.00 will be transferred from the Fund Balance, and that such amounts be used to pay a $770,000.00 portion of the outstanding bond anticipation notes issued for such purpose at the maturity thereof, and the balance of $1,430,000.00 will be borrowed, and, further, to authorize the Treasurer, with the approval of the Select Board, to borrow said sum under the provisions of G.L. Chapter 44B, Section 11, G.L. Chapter 44, Section 7 and/or any other enabling authority, and to issue
bonds or notes of the Town therefor, (b) authorize the Select Board to acquire, by purchase, gift, and/or eminent domain, the parcels of land located on and off Plymouth Street, Vernon Street, and Pleasant Street and identified by the Assessors as Parcels 10-5077, 9-6353, 9-6369, 9-6484, 18-825, 18-853, 18-2431, 18-3928, 18-3986, 18-3996, 18-4746, and 19-4944, for conservation and passive recreation purposes in perpetuity on such terms and conditions as the Select Board deems in the best interests of the Town, with the care, custody and control of said parcels to be held by the Conservation Commission under the provisions of G.L. c. 40, §8C, (c) authorize the Town Manager, the Conservation Commission and/or their designees to apply for, accept and expend any funds that may be provided from public or private sources to defray all or a portion of said costs of acquisition, and to enter into any and all agreements and execute on behalf of the Town any and all instruments as may be necessary or convenient to effectuate said acquisition, and, further, (d) authorize the Select Board to convey a conservation restriction on said parcels to a qualified organization in accordance with the provisions of G.L. c. 184, §§31-33, as required by G.L. c. 44B, §12(a), limiting the use of said land to the aforesaid purposes in perpetuity, or act anything thereon.

Sponsored by the Community Preservation Committee

ARTICLE 24. To see if the Town will vote to appropriate $15,000.00 from the Historic Resources Reserve of the Community Preservation Fund for the Cemetery Stone Restoration Project for the purpose of repairing cemetery stone markers at the Reed/Peirce and Tack Cemeteries; said funds to be expended under the direction of the Friends of Middleborough Cemeteries and the Community Preservation Committee; or take any other action thereon.

Sponsored by the Community Preservation Committee

ARTICLE 25. To see if the Town will vote to appropriate $50,000.00 from the Community Housing Reserve of the Community Preservation Fund to fund the Middleborough Housing Authority’s Nemasket Apartments Roof Project (21 & 25 Maddigan Way) for the purpose of preserving ten senior housing units in two buildings; said funds to be expended under the direction of the Middleborough Housing Authority: or take any other action thereon.

ARTICLE 26. To see if the Town will vote to appropriate $50,000.00 from the Community Housing Resources Reserve of the Community Preservation Fund to providing funding for the 1st Time Homebuyers Down Payment Assistance Project; said funds to be expended under the direction of the Office of Planning and Community Development and the Community Preservation Committee, or take any other action thereon.

Sponsored by the Community Preservation Committee

ARTICLE 27. To see if the Town will vote to appropriate $75,000.00 from the Budgeted Reserve of the Community Preservation Fund to fund the West Side Lacrosse Field Project, said funds to be expended under the direction of the Town Manager, Park Department and the Community Preservation Committee; or take any other action thereon.

Sponsored by the Community Preservation Committee

ARTICLE 28. To see if the Town will vote to accept Cobblestone Lane as a Town Way, as heretofore laid out by the Select Board and shown on a plan entitled “Layout & As-Built Plan of Land Cobblestone Estates off Wareham Street”, prepared by Zenith Consulting Engineers, LLC, dated November 30, 2023 through February 27, 2024, said plans on file with the Town Clerk, and to authorize the Select Board to acquire, on such terms and conditions as the Select Board deems appropriate and by purchase, gift, and/or eminent domain, the fee in and to and/or easements in said roadway for all purposes for which public ways may be sed and any related drainage, utility, access and/or other easements shown on said plan, or act on anything thereon.

Sponsored by the Planning Board

ARTICLE 29. To see if the Town will vote to accept Harvestwood Lane as a Town Way, as heretofore laid out by the Select Board and shown on a plan entitled “Roadway Acceptance Plan Harvestwood Lane off Old Center Street”, prepared by Outback Engineering, Inc., dated March 3, 2023, said plans on file with the Town Clerk, and to authorize the Select Board to acquire, on such terms and conditions as the Select Board deems appropriate and by purchase, gift, and/or eminent domain, the fee in and to and/or easements in said roadway for all purposes for which public ways may be used and any related drainage, utility, access and/or other easements shown on said plan, or act on anything thereon.

Sponsored by the Planning Board

ARTICLE 30. To see if the Town will vote to accept Christina Way as a Town Way, as heretofore laid out by the Select Board and shown on a plan entitled “Christina Way”, prepared by Silva Engineering Associates, P.C., dated August 30, 2023, said plans on file with the Town Clerk, and to authorize the Select Board to acquire, on such terms and conditions as the Select Board deems appropriate and by purchase, gift, and/or eminent domain, the fee in and to and/or easements in said roadway for all purposes for which public ways may be used and any related drainage, utility, access and/or other easements shown on said plan, or act on anything thereon.

Sponsored by the Planning Board

ARTICLE 31. To see if the Town will vote to amend Chapter 239 of the Town’s General Bylaws, Streets and Sidewalks, by adding a new section, 239-4.1, titled “Heavy Vehicle Exclusions”, as shown below; provided, however, that this vote shall not take effect unless and until it is approved by the Massachusetts Department of Transportation; or act anything thereon.

Section 439-4.1
Heavy commercial vehicles over 2 ½ ton capacity are excluded from Old Centre Street, between Bedford and Pleasant Streets.
Exception: this bylaw shall not apply to heavy commercial vehicles going to or coming from abutting land or buildings or adjoining streets or ways to which access cannot otherwise be gained or to vehicles used in connection with the construction, maintenance, and repair of said streets or public utilities therein or to Federal, State, Municipal, or public service corporation owned vehicles in the performance of their duties, or act on anything relative thereto.
Citizen Petition

ARTICLE 32. To see if the Town will vote to amend the Town of Middleborough Zoning Map by re-zoning the following parcels from General Use (GU), Development Opportunities District (DOD), and Cannabis Business District (CBD), as applicable, to Residence Rural (RR) only:

027-5548, 027-6333, 027-6491, 037-833, 037-2312, 037-1628, 038-1073, 038-2681, 038-4217, 038-4351, 038-4386, 038-4388, 038-4375, 038-1746, 038-2636, 038-4391, 038-5965, 038-3654, 038-3612, 038-3692, 038-5239, 038-4468, 038-4462, 027-4667, 027-5433, 027-6443, 037-4725, 037-3957, 037-3279, 038-4355, 038-4354, 038-4382, 038-4373, 038-4384, 038-154, 038-4488, 038-5214, 038-5256, 038-4428, 027-4561, 027-4687, 027-5482, 027-6225, 027-6282, 037-629, 037-3863, 037-3971, 037-4636, 037-4669, 037-615, 037-3069, 037-1491, 037-2266, 037-2236, 037-1495, 037-1431, 037-667, 038-4456,

Or act anything thereon.

Citizen Petition

Given under our hands at Middleborough, this 4th day of April, 2024.
Mark Germain, Chairman
Brian Giovanoni, Vice-Chair
Neil Rosenthal
Thomas White
SELECT BOARD

Pursuant to the instructions contained in the above warrant, I have notified and warned all inhabitants of said Town of Middleborough, qualified to vote as expressed in said warrant, to meet at the time and place for the purpose specified by causing an attested copy of the same to be published in the Nemasket Week on the 4th day of April 2024, that date being more than fourteen days before the time specified for said meeting.
Joseph Perkins
POLICE CHIEF