Legal Advertisements - Week of April 6, 2023
2023 Special Town Meeting Warrant
Middleborough, Massachusetts
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 24, 2023, at 7:00 P.M., to act on the following articles:
ARTICLE 1. 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, 2022, relating to all or any of its officers, boards or departments and for purposes authorized by law, or act anything thereon.
ARTICLE 2. To see if the Town will vote to raise and appropriate and/or transfer $445.33 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account, or other available source, to pay off School Department bills from the prior year or act thereon.
Sponsored by the School Department
ARTICLE 3. To see if the Town will vote to raise and appropriate and/or transfer $275,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account, or other available source, for the purpose of funding School Department special needs transportation, supplemental school budget funding and all related expenses for the School Department, or act thereon.
Sponsored by the School Department
ARTICLE 4. To see if the Town will vote to raise and appropriate and/or transfer $15,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account, or other available source, for the purpose of adding additional funding to the Special Education Stabilization Fund, or act thereon.
Sponsored by the School Department
ARTICLE 5. To see if the Town will vote to raise and appropriate and/or transfer $76,520.40 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account, or other available source, for the purpose of funding the Foster Care Transportation Reimbursement Fund,or act thereon.
Sponsored by the School Department
ARTICLE 6. To see if the Town will vote to raise and appropriate and/or transfer $35,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account, or other available source, for the purpose of acquisition and installation of security cameras for a Town Pool security system and all related expenses for the Parks Department, or act thereon.
Sponsored by the Capital Planning Committee
ARTICLE 7. To see if the Town will vote to raise and appropriate and/or transfer an additional $45,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account for other available source, for the purpose of LED lighting upgrades in the Middleborough Public Library and Council on Aging, for which $5,500.00 was appropriated and authorized pursuant to the vote under article 9 of the April 25, 2022 Annual Town Meeting, or act thereon.
Sponsored by the Town Manager’s Office
2023 Annual Town Meeting Warrant
Middleborough, Massachusetts
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 24, 2023, 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, 2023, 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 2024, 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 2024, 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 $2,500.00
Subdivision, Rules and Regulations
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 the sum of Four Hundred Fifty Three Thousand Two Hundred Thirty Two dollars and Ninety Two cents ($453,232.92) to fund the Fiscal Year 2024 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 $250,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, to be placed into the Other Post-Employment Benefits Liability Trust Fund, or act anything thereon.
Sponsored by the Town Manager’s Office
ARTICLE 7. To see if the Town will vote to raise and appropriate and/or transfer $3,000,000.00 from taxation, free cash, another specific available fund, an existing appropriation or account or other available source, to be placed into the Stabilization Fund, or act anything thereon.
Sponsored by the Town Manager’s Office
ARTICLE 8. To see if the Town will vote to raise and appropriate and/or transfer $1,000,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, for the purposes of funding Accrued Benefits for Town employees, or act anything thereon.
Sponsored by the Town Manager’s Office
ARTICLE 9. To see if the Town will vote to raise and appropriate and/or transfer $59,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account for other available source, for the purpose of purchasing and equipping a new Animal Control Officer vehicle and all related expenses for the Animal Control Department, or act anything thereon.
Sponsored bythe Capital Planning Committee
ARTICLE 10. To see if the Town will vote to raise and appropriate and/or transfer $41,400.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account for other available source, for the purpose of funding HVAC design, engineering, installation and all related expenses for the Council on Aging, 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 $10,500.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account for other available source, for the purpose of funding Election tallying/reporting software and all related expenses for the Elections and Registrations Department, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 12. To see if the Town will vote to raise and appropriate, transfer $554,000.00 from Water Department Retained Earnings for all related, relevant and necessary expenses associated with the design of the well replacement engineering on Tispaquin well 1 and 2, and to purchase and equip a new utility truck with plow and to purchase and equip a new 10 wheel dump truck with plow 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 $456,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account for other available source, for the purpose of funding the purchase and installation of a new fire station alerting system and purchasing new personnel protective equipment and all related expenses for the Fire Department, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 14. To see if the Town will vote to authorize the Town Manager to purchase and equip a new pumper truck for the Fire Department by entering into a lease-purchase agreement pursuant to M.G.L. c. 44, §21C for a term not to exceed the useful life of the truck, with the first year payment for said lease purchase agreement to be subject to appropriation in the first fiscal year the agreement becomes effective, and further, to authorize the Town Manger to take any and all action and enter into and execute any and all agreements and other documents as may be necessary or convenient to effectuate the purposes of this vote; or take any other action relative thereto.
Sponsored by the Capital Planning Committee
ARTICLE 15. 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 for other available source, for the purpose of funding pavement management and all related expenses for the Department of Public Works, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 16. 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 for other available source, for the purpose of funding HVAC design, engineering, installation and all related expenses for the Middleborough Public Library, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 17. To see if the Town will vote to raise and appropriate and/or transfer $525,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account for other available source, for the purpose of funding a new chiller for the Nichols Middle School and complex network infrastructure for the Henry B. Burkland and Mary K. Goode Elementary Schools and all related expenses for the Middleborough Public Schools, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 18. To see if the Town will vote to raise and appropriate and/or transfer $187,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account for other available source, for the purpose of funding exterior painting at the Peirce Building, repairs to the Green School foundation and repointing at the Town Hall Annex and all related expenses for the Facilities Department, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 19. To see if the Town will vote to authorize the Select Board to grant and convey a permanent historic preservation restriction on the exterior of the Peirce Building, located on the Town-owned property at 99 North Main Street and identified by the Assessor’s as Parcel 50Q-5574, on such terms and conditions as the Select Board deems appropriate, provided that the Town receives a donation of funds for costs associated therewith, or act anything thereon.
Sponsored by the Select Board
ARTICLE 20. To see if the Town will vote to appropriate the sum of $1,000,000.00 to increase the amounts appropriated pursuant to the vote taken under article 16 of the April 23, 2018 Annual Town Meeting which appropriated the sum of $2,000,000.00 for the interior and exterior painting of the Barden Hill Water Tower; and to meet the appropriation to authorize the Treasurer, with the approval of the Select Board, to borrow such additional $1,000,000.00 under Chapter 44 of the General Laws or any other enabling authority, and to issue bonds and notes of the Town therefor. Although such bonds and notes shall be general obligations of the Town, it is anticipated that the annual debt service required as a result of such bonds or notes will be repaid from Water Department Retained Earnings; or act anything thereon.
Sponsored by the Water Department
ARTICLE 21. To see if the Town will vote to raise and appropriate, and/or transfer $300,000.00 from Water Department Retained Earnings for all related, relevant and necessary expenses associated with the design and construction of the replacement of water lines on various roadways, said sum to be added to the amount appropriated under article 17 of the October 2, 2017 Special Town Meeting which appropriated the sum of $510,000.00 for the replacement of water lines on Bishop Avenue and Myrtle Street; or act anything thereon.
Sponsored by the Water Department
ARTICLE 22. To see if the Town will vote to raise and appropriate, and/or transfer $72,000.00 from Water Department Retained Earnings for the purpose of fundingall related, relevant and necessary expenses associated with the design of the water main replacement project on Tiger Drive, Terrace Road, Margery Street and Lois Street, said sum to be added to the amount appropriated under article 20 of the October 3, 2022 Special Town Meeting which appropriated the sum of $60,000.00 for all related, relevant and necessary expenses associated with the design of the water main replacement project on Wareham Street; or act anything thereon.
Sponsored by the Water Department
ARTICLE 23. To see if the Town will vote to transfer from the tax custodian for tax collection purposes to the Select Board for general municipal purposes and for the purpose of conveyance, the care, custody and control of the Town-owned parcels of land located at 15 Station Street, 2 Cambridge Street, and 10 Cambridge Street, Middleborough, shown on Assessors Map 50M as Parcels 5852, 5089, and 5058, acquired by the Town by instruments recorded with the Plymouth Registry of Deeds in Book 15235 Page 24, Book 15235 Page 23, and Book 15235 Page 22, respectively, and containing 2.4 acres, more or less, in the aggregate, and to authorize the Select Board to convey said parcels on such terms and conditions and for such consideration, which may be in consideration of other property, as the Select Board deems appropriate, and, further, to authorize the Select Board to acquire such other land by purchase or gift for general municipal purposes and/or for parking purposes, or act anything thereon.
Sponsored by the Town Manager’s Office
ARTICLE 24. To see if the Town will vote to authorize the Select Board to acquire, by purchase or gift, the property located at 13 School Street, Middleborough, MA, shown on Assessor’s Map 50P as Parcels 5474 and 6134, described in a deed recorded with the Plymouth County Registry of Deeds in Book 57039, Page 197, and contains a total of 0.76 acres of land, more or less, for general municipal and/or public parking purposes and on such terms and conditions as the Select Board deems appropriate, which may include a restriction requiring the premises to be used for parking purposes, and, further, to appropriate and transfer from free cash the sum of $750,000.00 to fund said acquisition and costs incidental or related thereto, or act anything thereon.
Sponsored by the Town Manager’s Office
ARTICLE 25. 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 2024, with each item to be considered a separate appropriation:
Appropriations:
FY 2024 estimated revenues for Committee Administrative expenses $27,000
Reserves:
FY 2024 estimated revenues for Historic Resources Reserve $ 54,000
FY 2024 estimated revenues for Community Housing Reserve $ 54,000
FY 2024 estimated revenues for Open Space Reserve $ 54,000
FY 2024 estimated revenues for Budgeted Reserve $351,000
Or take any action thereon.
Sponsored by the Community Preservation Committee
ARTICLE 26. To see if the Town will vote to appropriate $20,000.00 from the Historic Resources Reserve of the Community Preservation Fund to fund the Reed/Peirce Cemetery Restoration Project for the purpose of repairing stone markers at the Reed/Peirce Cemetery, 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 27. To see if the Town will vote to appropriate $25,000.00 from the Historic Resources Reserve of the Community Preservation Fund to fund the Soule Homestead Phase 3 Preservation Project for the purpose of siding and paint renovations, said funds to be expended under the direction of the Soule Homestead 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 appropriate $100,000.00 from the Budgeted Reserve of the Community Preservation Funds to fund continuation of the Oliver Mill Park Restoration Project for the purpose of historic stonework and bridge repairs, said funds to be expended under the direction of the Town Manager and the Community Preservation Committee; or take any other action thereon.
Sponsored by the Community Preservation Committee
ARTICLE 29. To see if the Town will vote to appropriate $25,000.00 from the Open Space Resources Reserve of the Community Preservation Fund to fund the West Side Fields Improvement Project for the purpose of creating lacrosse fields at the West Side Playground, 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 30. To see if the Town will vote to accept the provisions of M.G.L. Chapter 59, §5, Clause 56 which would allow members of the Massachusetts National Guard or military reservists who are on active duty to obtain a reduction of all or part of their real and personal property taxes for any fiscal year in which they are serving in a foreign country, or act anything thereon.
Sponsored by the Veterans Department
ARTICLE 31. To see if the Town will vote to Amend Section 67-5 of the Town’s General Bylaws, Authorized Revolving Funds, to add a requirement that the Town Manager be required to authorize expenditures from the Herring Fisheries Program and Tourism Committee revolving funds by adding the words “with the approval of the Town Manager” after the words “Middleborough-Lakeville Herring Fisheries Commission” and “Tourism Committee” in the second column of the table.
Citizen Petition
ARTICLE 32. To see if the Town will vote to raise and appropriate and/or transfer the sum of $80,950.00 from taxation, free cash, another specific available fund, an existing appropriation or account or other available source to reimburse the resident(s) of four hundred forty-five (445) manufactured home units in the Oak Point Community who signed rental agreements between January 1999 and December 2010; who have continuously resided in that manufactured home unit since then without interruption of residency, who continue to reside in the Oak Point community through date when funds are paid and who paid in excess of the allotted cost for a monthly license fee as outlined by Massachusetts General Law, Chapter 140 Section 32, the amount collected and not thereafter refunded at present value not to exceed $450.00 per manufactured home unit, whereas such overage was due to the insufficient monitoring and enforcement of the Town of Middleborough Rules and Regulations for Mobile Home Parks Accommodations, Rents, and Evictions.
Citizen Petition
TOWN OF MIDDLEBOROUGH
PLANNING BOARD
In accordance with M.G.L. Chapter 40A, Section 9, as amended, the Planning Board will hold a public hearing on Tuesday, April 18, 2023 at 6:50 PM, Middleborough Town Hall, Select Board’s Meeting Room, 10 Nickerson Avenue, pursuant to the Middleborough Zoning Bylaw, Section 8.5, Cannabis Business District, to hear a Special Permit application submitted by Gas Bus, LLC at 321 West Grove, Middleborough, MA 02346, for the purpose of operating an Adult Use Marijuana delivery service. Assessor’s Map 49, Lot 4928.
The complete application is available for review within the Planning Department and also available electronically by request. Anyone desiring to be heard on this subject can attend the meeting at the time and place designated above.
MIDDLEBOROUGH PLANNING BOARD
Edward J. Medeiros
John F. Healey
William B. Garceau
Tracie Craig-McGee
Allin J. Frawley
Anders Martenson, IV – Associate Member
Nemasket Week March 30, 2023 and April 6, 2023
TOWN OF MIDDLEBOROUGH
PLANNING BOARD
In accordance with M.G.L. Chapter 40A, Section 9, as amended, the Planning Board will hold a public hearing on Tuesday, April 18, 2023 at 6:45 PM, Middleborough Town Hall, Select Board’s Meeting Room, 10 Nickerson Avenue, pursuant to the Middleborough Zoning Bylaw, Section 8.5, Cannabis Business District, to hear a Special Permit application submitted by Simply Lifted, Inc. at 167 East Grove, Middleborough, MA 02346, for the purpose of operating an Adult Use Marijuana cultivation and product manufacturing facility with delivery of marijuana products to retailers and consumers. Assessor’s Map 72, Lot 118.
The complete application is available for review within the Planning Department and also available electronically by request. Anyone desiring to be heard on this subject can attend the meeting at the time and place designated above.
MIDDLEBOROUGH PLANNING BOARD
Edward J. Medeiros
John F. Healey
William B. Garceau
Tracie Craig-McGee
Allin J. Frawley
Anders Martenson, IV – Associate Member
Nemasket Week March 30, 2023 and April 6, 2023
TOWN OF LAKEVILLE
CONSERVATION COMMISSION
NOTICE OF PUBLIC HEARING
Pursuant to M.G.L. Ch 131, the Wetlands Protection Act, the Lakeville Conservation Commission will hold a public hearing on April 11, 2023 at 7pm at the Lakeville Police Station, 323 Bedford Street, on a Notice of Intent. The applicant, Donald Desvenges, is proposing an upgrade to the existing septic system to a tight tank system.
The project is located at 17 Shore Avenue and is also identified as Assessor’s Map 9-3, Map 41.
Robert J. Bouchard, Chairman
Nemasket Week April 6, 2023
TOWN OF LAKEVILLE
PLANNING BOARD
346 Bedford Street
Lakeville, MA 02347
NOTICE OF PUBLIC HEARING
The LAKEVILLE PLANNING BOARD will hold a public hearing pursuant to the Town of Lakeville Zoning Bylaw and M.G.L. ch. 40A §5 on THURSDAY, April 13, 2023 at 7:00 PM. at the LAKEVILLE POLICE STATION, 323 BEDFORD STREET. The purpose of the public hearing is to provide interested parties with an opportunity to comment on the acceptance of the renumbering and revision of the Zoning Bylaw of the Town from its original numbering, as amended through November 14, 2022 STM, to the numbering, or codification, arrangement, sequence and captions and the comprehensive revisions to the text of the Zoning Bylaw as set forth in the Final Draft of the Code of the Town of Lakeville, dated March 2023, said codification of the Zoning Bylaw having been done under the direction of the Planning Board, and being a compilation and comprehensive revision of the present Zoning Bylaw, including amendments thereto. All Zoning Bylaws, as amended, heretofore in force shall be repealed, except that such repeal shall not affect any suit or proceeding pending as the result of an existing law. The Zoning Bylaw shall be codified as Chapter 270 of the “General and Zoning Bylaws of the Town of Lakeville, Massachusetts”
The proposed amendment to the Zoning Bylaw may be viewed at the Lakeville Town Clerk’s office in Town Hall, 346 Bedford Street, Lakeville, MA 02347 by appointment only. Amendments are also available for review on the Planning Department page of the Town website.
Mark Knox, Chairman
Nemasket Week March 30, 2023 & April 6, 2023
TOWN OF LAKEVILLE
PLANNING BOARD
346 Bedford Street
Lakeville, MA 02347
NOTICE OF PUBLIC HEARING
The LAKEVILLE PLANNING BOARD will hold a public hearing pursuant to the Town of Lakeville Zoning Bylaw and M.G.L. ch. 40A §5 on THURSDAY, April 13, 2023 at 7:05 PM. at the LAKEVILLE POLICE STATION, 323 BEDFORD STREET. The purpose of the public hearing is to provide interested parties with an opportunity to comment on a proposed amendment to the Lakeville Zoning Bylaw petitioned by Daniel Cooney, et al. to amend Section 4.1, Table of Use Regulations, Sub-section 4.1.2, Business Uses and add the following new language:
Retail, office, or service business (minimum 1,500 sq. ft.) with up to 7,000 sq. ft. of associated storage and wholesale distribution. Per Special Permit by the Zoning Board of Appeals.
R B I I-B
N SP N N
The proposed amendment to the Zoning Bylaw may be viewed at the Lakeville Town Clerk’s office in Town Hall, 346 Bedford Street, Lakeville, MA 02347 by appointment only. Amendments are also available for review on the Planning Department page of the Town website.
Mark Knox, Chairman
Nemasket Week March 30, 2023 & April 6, 2023
TOWN OF LAKEVILLE
ZONING BOARD OF APPEALS
346 Bedford Street
Lakeville, MA 02347
The LAKEVILLE ZONING BOARD OF APPEALS, acting in accordance with MASS GENERAL LAWS CHAPTER 40A, as amended, will conduct a public hearing on Thursday, April 20, 2023, at 7:00 P.M. in the LAKEVILLE PUBLIC LIBRARY, 4 PRECINCT STREET, upon the petition of Elizabeth Eiseman. A Variance is requested under 5.1 to construct a porch that would be within the front setback. The property site is 26 Rush Pond Road and is owned by Elizabeth Eisman and Erica Dean.
The application and assorted documents can be viewed in the Planning Department by appointment, or on the Town of Lakeville Zoning Board of Appeals web page.
John Olivieri, Jr., Chairman
April 6, 2023 & April 13, 2023
TOWN OF MIDDLEBOROUGH
ZONING BOARD OF APPEALS
NOTICE OF HEARING
The Middleborough Zoning Board of Appeals will hold a public hearing on Thursday, April 13, 2023, at 7:00 P.M., in the Select Boards Meeting Room, Middleborough Town Hall, 10 Nickerson Avenue, Middleborough, MA to hear the petition of petition of Michael O’Shaughnessy, Esq. for Goodman Enterprises, Inc., 43 East Grove Street, Middleborough, MA 02346 relative to his request to be granted a special permit pursuant to Section 3.1.D.21 and Section 9.4.1 of the Middleborough Zoning By-law to allow for an outdoor paint ball recreation facility. The subject property is located at Bedford Street, Middleborough Assessor’s Map 19, lot 4765, in the Residence A District. Anyone desiring to be heard on this matter should appear at the time and place designated.
Chairman Darrin DeGrazia
On behalf of the Middleborough
Zoning Board of Appeals
Nemasket Week 3/30/23 and 4/06/23
Also posted on masspublicnotices.org