2023 Fall 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, October 16, 2023, at 7:00 P.M., to act on the following articles:

ARTICLE 1. To hear the report of any committee or officer of the Town, to appoint or dissolve 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 raise and appropriate and/or transfer $365,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account, or other available source, to purchase new accounting software or act anything thereon.

ARTICLE 4. To see if the Town will vote to raise and appropriate and/or transfer $160,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account, or other available source, for the Department of Public Works for all related, relevant and necessary expenses associated with storm water activities required by the EPA/DEP or act anything thereon.

ARTICLE 5. To see if the Town will vote to raise and appropriate and/or transfer $75,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account, or other available source, to the Facilities Department for all related, relevant and necessary expenses associated with capital maintenance on municipal facilities, or act anything thereon.

ARTICLE 6. 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, to the Fire Department for all related, relevant and necessary expenses associated with the installation of radio transmitting and receiving equipment in the Barden Hill water tower, or act thereon.

ARTICLE 7. To see if the Town will vote to raise and appropriate and/or transfer $425,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account, or other available source, to the Fire Department for all related, relevant and necessary expenses associated with upgrading the public safety radio system, or act anything thereon.

ARTICLE 8. To see if the Town will vote to raise and appropriate and/or transfer an additional $40,000.00 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 Council on Aging, for which $41,400.00 was appropriated and authorized pursuant to the vote under Article 10 of the April 24, 2023 Annual Town Meeting, or act anything thereon.

ARTICLE 9. To see if the Town will vote to (a) appropriate and transfer the sum of $533,000 from the Open Space and the Budgeted Reserve accounts of the Community Preservation Fund for the purpose of acquiring, for conservation and passive recreation purposes, the parcels of land located on and off Plymouth Street, Vernon Street, and Pleasant Street, which parcels are identified by the Assessors as Parcels 10-5077, 9-6353, 9-6369, 9-6484, 18-825, 18-853, 18-2431, 18-3928, 18-3986, 18-4746,18-3996, 19-4944, 18-4415, and 18-2916, and (b) authorize the Select Board to acquire under authority of Chapter 44B said parcels by purchase, gift, and/or eminent domain 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

ARTICLE 10. To see if the Town will vote to create a Capital Project ‎and Debt Service Stabilization Fund‎ pursuant to M.G.L. Chapter 40, Section 5B, for the purpose of paying all or a portion of the costs of capital projects or debt service on capital projects, including amounts assessed to the Town for capital costs or debt service by any regional school district or any other special purpose district of which it is a member; and to transfer into such fund a sum of money from Free Cash or otherwise; or act anything thereon.‎

Article 11. To see if the Town will vote to accept the last paragraph of Massachusetts General Laws Chapter 40, Section 3, to authorize the balance kept in any School Rental Revolving Fund at the end of a fiscal year to remain in said Fund and to be expended by the School Committee for the upkeep and maintenance of any facility under the control of the School Committee. or act anything thereon.

ARTICLE 12. 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, and existing appropriation or account or other available source, or by borrowing for all relevant and necessary expenses associated with the construction for the replacement of the Wareham Street Water Main Project for the Water Department or act anything thereon.

ARTICLE 13. 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, and existing appropriation or account or other available source, or by borrowing for all relevant and necessary expenses associated with the construction of the replacement of the Center Street, Anderson Ave and North Main Street Water Main Project for the Water Department or act anything thereon.

ARTICLE 14. To see if the Town will vote to accept John Perkins Way as a Town way, as heretofore laid out by the Select Board and shown on a plan entitled “Roadway Acceptance Plan John Perkins Way Off Highland Street in Middleborough Massachusetts,” dated May 31,2023, revised through July 14, 2023, prepared by Outback Engineering, Inc. and 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 anything thereon.

ARTICLE 15. To see if the Town will vote to use some of the funds, received by the Town from Weston Forest timber sales re: the trust fund established under Clause Nineteenth C – VII of the will of Frederick S. Weston in connection with the Frederick Weston Memorial property, for the Stipend for the Weston Forest Committee secretary, to appropriate from said funds $400.00 for such purposes, or act anything thereon.

Given under out hands at Middleborough, this 28th day of September, 2023

Mark Germain, Chairman
Brian Giovanoni, Vice-Chair
Thomas White
Neil Rosenthal
SELECT BOARD

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 October 10, 2023, at 7pm at the Lakeville Council on Aging, #1 Deer Crossing, for a filing of a Notice of Intent. The applicant, The JMJ Building Corp. C/O Frank Alizio, is proposing to upgrade the subsurface sewage disposal system at 6 Beechtree Drive so that it meets title V and local Board of Health regulations. A portion of the proposed tight tank and piping to the house are located within 100' of the Top of Bank of Long Pond. The project is located at 6 Beechtree Drive and is also identified as Assessor’s Map 43, Block 9, Plot 10.

TOWN OF LAKEVILLE
PLANNING BOARD
346 Bedford Street
Lakeville, MA 02347
774-776-4350

NOTICE OF PUBLIC HEARING
LEGAL NOTICE

The LAKEVILLE PLANNING BOARD will hold Public Hearings pursuant to the Town of Lakeville Zoning Bylaw and M.G.L. Ch. 40A §5 on THURSDAY, October 12, 2023 at 7:00 PM at the Lakeville Police Station Meeting Room. The purpose of the Public Hearings is to provide the public with an opportunity to comment on proposed amendments to the Lakeville Zoning Bylaw as follows:

7:00 P.M. Public Hearing #1
This Article would amend the Lakeville Zoning By-Laws Section 270-6.6. F., Special Permits (3) by adding that the Special Permit Granting Authority will be the Zoning Board of Appeals. It will read as follows:

Section 270-6.6 F. Special Permits
(3) Changeable copy signs, electronic message board signs, and internally illuminated signs or the portion of a sign that is changeable copy, an electronic message board or internally illuminated shall require a special permit by the Zoning Board of Appeals.

7:00 P.M. Public Hearing #2
This Article would amend the Lakeville Zoning By-Laws Section 270-7.4 by adding the following new section related to standards for changeable copy signs, electronic message board signs, and internally illuminated signs. The balance of the Section will be renumbered accordingly.

(30) Signs - Changeable copy signs, electronic message board signs, and internally illuminated signs.
These signs must meet the following standards in order to receive a Special Permit by the Zoning Board of Appeals.
The parcel where the sign is proposed shall not abut properties on either side or across the street that are zoned Residential, or contain a single-family dwelling.
If the property cannot meet the above standard (a) a Special permit may still be issued only if the sign is for a use that identifies municipal or public safety buildings, medical facilities, or retail stores that sell medical supplies.
It must be determined that the sign is not detrimental to the character of the neighborhood.
7:05 P.M. Public Hearing #3
The Article would Add a new Section, 270-7.9 Open Space Residential Development under Article VII Special Regulations, to the existing Lakeville Zoning By-Laws. This new By-Law would allow by Special Permit of the Planning Board the approval of a subdivision plan that allows the reduction of lot size, provided the same number of lots proposed could be conventionally built, and 50% of the developable land area is set aside as open space.

The By-Law includes the following Sections:
A. Purpose
B. Special Permit Required
C. Pre-Application Meeting
D. Development Requirements
E. Dimensional and Design Requirements
F. Dedicated Open Space
G. Ownership of Dedicated Open Space
H. Preliminary Subdivision and OSRD Concept Plan Application Process
I. Special Permit Application and Filings
J. Special Permit Decisions
K. Approval Criteria
L. Revisions to Approved Special Permits

The proposed amendments 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.

Planning Board Members
Mark Knox, Chairman
Michele MacEachern, Vice-Chair
John Cabral
Nora Cline
Jack Lynch

Nemasket Week
September 28, 2023 and October 5, 2023

TOWN OF MIDDLEBOROUGH
PLANNING BOARD

The Middleborough Planning Board will hold a public hearing Tuesday, October 17, 2023 at 7:00 PM in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Ave, Middleborough, relative to a Retreat Lot Special Permit application pursuant to Section 7.4 of the Zoning By-law, as shown on a Plan as follows:
“Retreat Lot Special Permit Plan, Tispaquin Street in Middleborough, MA, 02346” dated September 20, 2023, prepared by Maddigan Land Surveying, LLC., 88 East Grove Street, Middleborough, MA 02346, prepared for the applicant and owner, Southbrook Development, Inc., c/o Marcus Baptiste, 261 Perron Avenue, Somerset, MA 02726. Said land is found on Assessors Map 67, Lot 165 and Map 61, Lot 5772.

Full plans are available in the Planning Department for public review and also available electronically by request. Anyone desiring to be heard on this subject should appear at the time and place designated.

MIDDLEBOROUGH PLANNING BOARD
Edward J. Medeiros
John F. Healey
William B. Garceau
Tracie Craig-McGee
Allin J. Frawley
Anders Martenson, IV – Associate Member

TOWN OF MIDDLEBOROUGH
CONSERVATION COMMISSION

The Middleborough Conservation Commission will hold a hearing under M.G.L. c. 131, s.40, the Wetlands Protection Act, for the construction of a single-family home with amenities that include a garage, paved driveway, and septic system. A portion of the house, driveway, garage, and associated grading are within 100’ of a bordering vegetated wetland at Lot-6 Plain Street, Map 6, Lots 5076 & 5086. Hearing has been requested by GARCON Corp. Hearing will be held October 5, 2023 at 7:25 PM in the Select Board Meeting Room, at the Town Hall, 10 Nickerson Avenue and via remote.
Join Zoom meeting: https://us06web.zoom.us/j/83804058698

Diane Stewart, Chair
Nancy Ockers, 1st Co-Vice Chair
Melissa Guimont, 2nd Co-Vice Chair
Keri Gallagher
Adam Guaraldi
Edward Medeiros
John Neely

TOWN OF LAKEVILLE
OFFICE OF THE SELECT BOARD

Pursuant to Chapter 138 of the General Laws, the Lakeville Select Board, acting as the Licensing Board, will conduct a public hearing at 6:15 PM on Tuesday, October 10, 2023 on the application of Kantara, Inc., dba Towne Liquors for a transfer of an all alcoholic beverages package store license for the property located at 157 Bedford Street, Lakeville, Massachusetts.

Said hearing will be held in the Rita A. Garbitt Community Meeting Room at the Lakeville Police Station located at 323 Bedford Street, Lakeville, Massachusetts.

Brian Day, Chairman
Evagelia Fabian
Lorraine Carboni
Lakeville Select Board

TOWN OF MIDDLEBOROUGH
CONSERVATION COMMISSION

The Middleborough Conservation Commission will hold a hearing under M.G.L. CH. 131, s.40, the Wetlands Protection Act, to make a Determination of Applicability for 41 Whitetail Lane, Map 52, Lot 6138. Requested by James Vergados. Hearing will be held on October 5, 2023, at 7:15 PM in the Select Board Meeting Room, at the Town Hall, 10 Nickerson Avenue, and via remote.
Join Zoom Meeting: https://us06web.zoom.us/j/83804058698

Diane Stewart, Chair
Nancy Ockers, 1st Co-Vice Chair
Melissa Guimont, 2nd Co-Vice Chair
Keri Gallagher
Adam Guaraldi
Edward Medeiros
John Neely