CITATION ON PETITION
FOR FORMAL ADJUDICATION
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL24P2444EA
Estate of: Elizabeth Marie Mizaras
Also known as: Betty Mizaras, Elizabeth M Mizaras
Date of Death: 05/26/2024
To all interested persons:
A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Stacey A Mizaras of Middleboro MA requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition.
The Petitioner requests that Stacey A Mizaras of Middleboro MA be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond in unsupervised administration.
IMPORTANT NOTICE
You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so, you, or your attorney must file a written appearance and objection at this Court before: 10:00 a.m. on the return day of 11/15/2024.
This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an affidavit of objections within thirty (30) days of the return day, action may be taken without further notice to you.
UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC)
A Personal Representative appointed under the MUPC in an unsupervised administration is not required to file an inventory or annual accounts with the Court. Persons interested in the estate are entitled to notice regarding the administration directly from the Personal Representative and may petition the Court in any matter relating to the estate, including the distribution of assets and expenses of administration.
Witness: Hon. Patrick W. Stanton,
First Justice of this Court
Date: October 15, 2024
Matthew J. McDonough, Register of Probate
TOWN OF MIDDLEBOROUGH
SELECT BOARD
The Select Board will hold a public meeting in the Conference Room at Middleborough Police Department, 350 Wood Street, Middleborough, MA on Monday, November 4, 2024 at 7:30 PM, for the purpose of discussing an application filed by Outback Engineering Inc. for a Special Permit under the Water Resource Protection District By-Law to allow for the total impervious lot coverage to be between 25%-40%. The property is located at 4 Abbey Lane, in the General Use (GU) WRPD District Zone 3. This is shown on Assessors Map 79, Lot 738. Anyone wishing to be heard on this matter should appear at the time and place designated.
Mark Germain, Chair
Brian Giovanoni, Vice Chair
Teresa Kelly Farley
Thomas White
William C. Pike Jr.
SELECT BOARD
MIDDLEBOROUGH SELECT BOARD
NOTICE OF PUBLIC HEARING
The Select Board will hold a public hearing in the Conference Room at the Middleborough Police Department, 350 Wood Street, Middleborough, MA on Monday, October 28, 2024 at 7:30 PM, for the purpose of discussing an application filed by Zenith Consulting Engineers, LLC for a Special Permit under the Water Resource Protection District By-Law to allow for wetland restoration of two areas totaling 677-sf and 25’ buffer restoration of 11,543-sf. The property is located at 9 Walnut Street, in the General Use (GU) and Rural Residential (RR) WRPD District Zone 4. This is shown on Assessors Map 87, Lot 3318. Anyone wishing to be heard on this matter should appear at the time and place designated.
Mark Germain, Chair
Brian Giovanoni, Vice Chair
Teresa Kelly Farley
Thomas White
William C. Pike Jr.
SELECT BOARD
MIDDLEBOROUGH SELECT BOARD
NOTICE OF PUBLIC HEARING
The Select Board will hold a public hearing in the Conference Room at the Middleborough Police Department, 350 Wood Street, Middleborough, MA on Monday, October 28, 2024 at 7:40 PM, for the purpose of discussing an application filed by Weston & Sampson Engineers, Inc. for a Special Permit under the Water Resource Protection District By-Law to allow for the construction of a new 9,626-SF water treatment facility and supporting 4,368-SF vehicle garage to replace the existing outdated water treatment facility. The property is located at 55 East Grove Street, in the General Use (GU) WRPD District Zone 1 and Zone 2. This is shown on Assessors Map 58, Lot 6226. Anyone wishing to be heard on this matter should appear at the time and place designated.
Mark Germain, Chair
Brian Giovanoni, Vice Chair
Teresa Kelly Farley
Thomas White
William C. Pike Jr.
SELECT BOARD
MIDDLEBOROUGH SELECT BOARD
NOTICE OF PUBLIC HEARING
A hearing will be held in the Conference Room at the Middleborough Police Department, 350 Wood Street, Middleborough, MA on November 4, 2024 at 7:40 PM, for the purpose of discussing an application filed by Zenith Consulting Engineers, LLC on behalf of L & B Realty Trust for an Earth Removal Permit for property located at Harper Lane, Middleborough, Assessors Map 78, Lot 534, 554, 1419 and 1475. Anyone desiring to be heard on this matter should appear at the time and place designated.
Mark Germain, Chair
Brian Giovanoni, Vice Chair
Teresa Kelly Farley
Thomas White
William C. Pike, Jr.
SELECT BOARD
TOWN OF LAKEVILLE
SELECT BOARD
Pursuant to Chapter 140, Sections 58 and 59 of the Massachusetts General Laws and Chapter 251, Article 1 of the Town Code – Vehicles, the Select Board will conduct a public hearing on the application of JH Taylor Realty Corp. for a Class III motor vehicle sales license and/or an application to store unregistered/ungaraged vehicles to be exercised at 160 Bedford Street, Lakeville, Massachusetts.
Said hearing will be held in the Lakeville Police Station, 323 Bedford Street, Lakeville, Massachusetts at 6:30 PM on Monday, November 4, 2024.
Lorraine Carboni, Chair
Evagelia Fabian
Brian Day
Maureen Candito
Brynna Donahue
LAKEVILLE SELECT BOARD
TOWN OF LAKEVILLE SPECIAL TOWN MEETING WARRANT
COMMONWEALTH OF MASSACHUSETTS
TOWN OF LAKEVILLE
Special Town Meeting
Tuesday November 12, 2024
To any of the Constables of the TOWN OF LAKEVILLE,
Greetings:
In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of said Town who are qualified to vote in Town affairs to meet in the
APPONEQUET REGIONAL HIGH SCHOOL AUDITORIUM
100 HOWLAND ROAD, LAKEVILLE, MA
On Tuesday, November 12, 2024 at 7:00PM, then and there to act on the following articles:
ARTICLE 1: To see if the Town will vote to raise and appropriate from taxation the sum of $82,231.00 to supplement the appropriations stated below that were previously voted in Article 1 of the June 10, 2024, Annual Town Meeting for the Fiscal Year beginning July 1, 2024 for various Town Departments; or take any other action relative thereto.
Line
No. Department Budget line Item Amount Purpose
55 Veterans Salaries $28,984.00 Full time Veterans Service Officer
67 Fixed Costs Risk Management 29,803.00 Property Liability Insurance
12 Human Resources Salaries 6,000.00 Increase hours of the floater position
42 Old Colony Voc-Tech High School Assessment -11,356.00 Revised Assessment
58 Library Electricity 6,000.00 Increase usage and cost
10 Treasurer/Collector Postage 11,800.00 Increase in postage costs
17 Elections Election Officers 11,000.00 Debt Exclusion Election
Sponsored by the Select Board
ARTICLE 2: To see if the Town will vote to transfer the sum of $16,369.18 from Free Cash and $337.75 from Park Retained Earnings to pay for the following unpaid bills from the prior fiscal year; or take any other action relative thereto.
Unpaid Bill No. Department Vendor Amount Purpose
1 Assessors CAI Technologies 3,200.00 Annual Tax Map Maint.
2 Fire GovHR USA LLC 11,280.00 NFPA Pants w/Suspenders
3 Fire 911 Safety Equipment, LLC 740.00 Native Infield Mix
4 Fire L.W. Bills Company 1,149.18 Alarm Bell Servicing
5 Parks Read Custom Soils, LLC 337.75 Native Infield Mix
Total $16,706.93
Sponsored by the Select Board
ARTICLE 3: To see if the Town will vote to transfer the unused balance of $148,933.96 from Article 5 of the June 23, 2020 Annual Town Meeting (constructing and equipping a new Highway Department building), for repairs, replacement and refurbishing the existing DPW facility at 6 Montgomery Street, or take any action relative thereto.
Sponsored by the Department of Public Works
ARTICLE 4: To see if the Town will vote to appropriate $21,409,960.00 to pay costs of designing, constructing, equipping and furnishing a new Fire Station, including the payment of all costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Select Board, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7 (1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town, therefore; provided, however that no amounts shall be borrowed or expended hereunder, unless and until the Town shall have voted to exclude the amounts required to repay any borrowing pursuant to this vote from the limitations on total property taxes set forth in c.59, s. 21C of the General Laws (otherwise known as Proposition 2 ½); and to authorize the Select Board and other appropriate Town Officials to take such action as may be necessary to effectuate the purpose of this vote, or take any other action relative thereto.
Sponsored by the Fire Station Building Committee
ARTICLE 5: To see if the Town will vote to revoke the provisions of Chapter 44, § 53F1/2 of the Massachusetts General Laws, which was adopted pursuant to Article 7 of the November 26, 1990 Special Town Meeting, ceasing the Park Department as an enterprise fund effective Fiscal Year 2026, or take any other action relative thereto.
Sponsored by the Select Board
ARTICLE 6: To see if the Town will vote to revoke the provisions of Chapter 44, § 53F1/2 of the Massachusetts General Laws, which was adopted pursuant to Article 12 of the October 24, 1988 Special Town Meeting, ceasing the Landfill/Transfer Station and Recycling Area as an enterprise fund effective fiscal year 2026, or take any other action relative thereto.
Sponsored by the Select Board
ARTICLE 7: To see if the Town will vote to accept the provisions of G.L. c. 59, §5, cl. 22I, as added by Chapter 178 of the Acts of 2024, the so-called “Hero Act”, which will allow the Assessors to increase the real estate property tax exemptions for qualifying military service members, veterans and their spouses annually by an amount equal to the increase in the cost of living as determined by the Consumer Price Index for such year; or take any other action relative thereto.
Sponsored by the Select Board
ARTICLE 8: To see if the Town will vote to accept the provisions of G.L. c. 59, §5, cl. 22J, as added by Chapter 178 of the Acts of 2024, the so-called “Hero Act”, to allow the Assessors to grant an additional real estate property tax exemption for qualifying military service members, veterans and their spouses in an amount equal to 100% of the amount of the exemption for which the taxpayer qualifies for, which additional exemption will begin in Fiscal Year 2026; or take any other action relative thereto.
Sponsored by the Board of Assessors
ARTICLE 9: To see if the Town will vote to accept the provisions of G.L. c. 41 Sec. §108P, authorizing the Town to pay additional compensation to the Town Treasurer/Collector in an amount equal to ten percent of their regular compensation, but in no event greater than $1,000.00 annually, upon completion of the necessary courses of study and training, and attainment of a certificate by the Massachusetts Collectors and Treasurers Association as a certified Massachusetts municipal collector or a certified Massachusetts municipal treasurer, or take any other action relative thereto.
Sponsored by the Treasurer/Collector
ARTICLE 10: To see if the Town will vote to accept the provisions of G.L. c. 44 §54(b) to allow trust funds held in the custody of the Town to be invested under the standards of the Massachusetts Prudent Investor Act of Chapter 203C of the General Laws, or take any other action relative thereto.
Sponsored by the Treasurer/Collector
ARTICLE 11: To see if the Town will vote to transfer the care, custody and control of the parcels of land identified below, acquired by the Town by tax title foreclosure, from the Treasurer/Collector for the purpose of sale at public auction to the Select Board for general municipal purposes and/or for the purpose of conveyance, including without limitation, for the purpose of granting permanent restrictions thereon, and to authorize the Select Board to convey and/or restrict such parcels on such terms and conditions as the Board may deem appropriate, said parcels being described as follows, or take any other action relative thereto.
Property Address Assessors Map, Lot
0 County Street 035-002-002
3 Fern Avenue 028-001-002
0 Ferndale Avenue 041-003-009
1 Ferndale Avenue 041-003-008
126 Hemlock Shore Road 045-004-008
119 Howland Road 012-003-008
5 Loon Pond Road 028-003-007
15 Moulton Street 006-003-013H
14 Oak Street 041-007-014
0 Taunton Street 021-003-006A
Sponsored by the Treasurer/Collector
ARTICLE 12: To see if the Town will vote to authorize the Select Board to convey, on such terms and conditions as the Select Board deems in the best interests of the Town, the Town-owned property located on Cherry Street, identified by the Assessor as Parcel 042-012-015A, containing 0.1 acres, more or less, and being the premises described in a deed recorded with the Plymouth Registry of Deeds in Book 28349, Page 188, or take any other action relative thereto.
Sponsored by the Select Board
ARTICLE 13: To see if the Town will vote to accept the layout of Gillian Drive as a public way, as heretofore laid out by the Select Board and shown on a plan of land entitled “Roadway Layout Plan”, “Gillian Drive” a Residential Subdivision off Jamies Way in Lakeville, Massachusetts, dated March 3, 2023, prepared by Zenith Land Surveyors, LLC on file with the Select Board and Town Clerk’s Offices and to authorize the Select Board to acquire, by purchase, gift, and/or eminent domain, the fee to and/or easements in said roadway for all purposes for which public ways are used in Lakeville and any access, drainage, utility and other easements incidental or related thereto, or take any other action relative thereto.
Sponsored by the Select Board
ARTICLE 14: To see if the Town will vote to repeal Section 74-8 of the Town’s General Bylaws, Articles Seeking Special Legislation, as adopted pursuant to Article 6 of the November 8, 2021 Special Town Meeting, which currently provides as follows, or take any other action relative thereto.
§74-8 Articles Seeking Special Legislation: To enable adequate time for review, no article appearing on a warrant for and Annual or Special Town Meeting, requesting a petition to the General Court to enact special legislation shall be in order for consideration by Town Meeting unless the text of the special legislation sought is included as part of the article or as an appendix to the warrant, or is on file with the Town Clerk at least fourteen (14) days prior to the date of a Special Town Meeting and seven (7) days prior to the date of the Annual Town Meeting at which it will be considered.
Sponsored by the Select Board
ARTICLE 15: To see if the Town will vote to amend the Town Zoning Map, as identified in Section 270-3.2.(A) of the Town Code: Zoning By-Law, by changing the zoning from Business (“B”) and/or Residential (“R”) to Industrial (“I”) for the following parcels identified below by Assessors Map and Parcel number, comprising of approximately 15.9 acres of land; as shown as lots numbered 1-3 on a map showing the affected parcels on file with the Town Clerk, or take any other action relative thereto:
1. 15 Harding Street Map 022-002-019
2. 17 Harding Street Map 022-002-019A
3. 21 Harding Street Map 022-002-018
Sponsored by the Planning Board
ARTICLE 16: To see if the Town will vote to amend Town Code: Zoning Bylaws § 270 – 2.1 Terms defined, § 270 - 6.7 Site Plan Review and § 270 – 7.4 Special Permits, as shown below, with additions shown in bold, and further to authorize the Town Clerk to assign such numbering and to make non-substantive changes to the format of this bylaw in order that it be in compliance with the numbering format of the Code of Lakeville (as voted at the May 8, 2023 Annual Town Meeting), or take any other action relative thereto.
ARTICLE II Definitions
§ 270-2.1. Terms defined.
ACCESSORY DWELLING UNIT (ADU) - a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that:
(i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress;
(ii) is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller; and
(iii) is subject to such additional restrictions as may be imposed by a municipality, including, but not limited to, additional size restrictions and restrictions or prohibitions on short-term rental, as defined in Session Laws, Acts of 2024, Chapter 150 section 1 of chapter 64G; provided, however, that no municipality shall unreasonably restrict the creation or rental of an accessory dwelling unit that is not a short-term rental.
§ 270-6.7. Site plan review.
A. Purpose.
(1) The purpose of this bylaw is to protect the public health, safety and welfare; to promote balanced growth; to protect property values; and to encourage development by providing the public and the Town with an opportunity to review and comment.
(2) Site plan review is to ensure that the design and layout of certain developments permitted as of right or by special permit will constitute suitable development and will not result in a detriment to the neighborhood or the environment.
B. Authority. The Planning Board shall hear and decide all applications for site plan review in accordance with the provisions of this § 270-6.7.
C. Applicability. Site plan review applies to the following:
(1) New construction of a structure to be occupied by a business, or industrial use;
(2) An addition to an existing structure occupied by a business or industrial use resulting in a floor area of over 1,500 square feet in the aggregate or a disturbance in lot coverage of over 1,500 square feet;
(3) A change in occupancy of an existing structure occupied by a business or industrial use which increases the previously approved occupant load by 10%;
(4) A change in use of an existing structure to a business or industrial use;
(5) New multifamily building construction of three or more units; and/or
(6) New construction, modification, or addition to any residential structure which will disturb more than 43,560 square feet of ground.
(7) New construction of a single Accessory Dwelling Unit (ADU)
§ 270-7.4 Special permits.
B. Specific uses by special permit. No special permit shall be issued except in accordance with the following conditions and requirements for each specific use:
38. Accessory Dwelling Units (ADUs)
(a) SPGA: Board of Appeals
(b) Construction of more than one (1) ADU on a single lot shall require a special permit from the Board of Appeals
Sponsored by the Planning Board
ARTICLE 17: To see if the Town will vote to amend, Town Code: Zoning Bylaws § 270-2.1 Terms Defined, by amending the definition of “Frontage” as shown below with additions shown in bold, or take any other relative action thereto.
FRONTAGE - That portion of a lot which is bounded by the street line or way, the sidelines and the minimum building setback line. The minimum required frontage must be contiguous and suitable for development of an access route or driveway to the building site. [Added 6-17-2002, AG approved 9-16-2002].
Sponsored by the Planning Board
ARTICLE 18: To see if the Town will vote to amend Town Code: Zoning Bylaws, § 270-2.1, Terms Defined. § 270-6.3, Accessory Uses and § 270-7.4 Special Permits, as shown below with additions shown in bold, and further to authorize the Town Clerk to assign such numbering and to make non-substantive changes to the format of this bylaw in order that it be in compliance with the numbering format of the Code of Lakeville (as voted at the May 8, 2023 Annual Town Meeting), or take any action relative thereto.
ARTICLE II
Definitions
§ 270-2.1. Terms defined.
ACCESSORY BUILDING, STRUCTURE OR USE — A building, structure, and/or use customarily incidental or subordinate to and located on the same lot with the principal building, structure or use.
BUILDING — An enclosed structure, either a principal building or shed, garage, stable, or other accessory building.
STRUCTURE — Any combination of materials attached to or requiring a fixed location on or in the ground. For the purposes of location on a lot, the following shall not be deemed to be structures prohibited within a setback required in the Zoning Bylaw: boundary walls and fences under seven feet in height, utility poles, support posts not over four feet in height for mailboxes and name signs and parking lots.[Amended 6-19-2017 ATM, AG approved 9-19-2017]
§ 270-6.3. Accessory buildings, structures, and uses. [Amended 11-13-2017 STM, AG approved 2-9-2018]
A. Uses accessory to a permitted principal use are permitted on the same premises.
B. No accessory building or structure shall be located within the required front, side or rear setback unless a special permit is granted by the Zoning Board of Appeals. Where a special permit is sought under § 270-7.4B for an accessory building or structure within the setback on a lawfully preexisting, nonconforming lot, the Zoning Board of Appeals shall additionally make a finding that the accessory building or structure shall not be substantially more detrimental to the neighborhood than the existing nonconformity.
C. No accessory building larger than allowed under § 270-6.3C(1) shall be located on a lot used residentially unless a special permit is granted by the Zoning Board of Appeals. Where a special permit is sought under § 270-7.4B for an accessory building larger than allowed on a lawfully preexisting, nonconforming lot, the Zoning Board of Appeals shall additionally make a finding that the accessory building shall not be substantially more detrimental to the neighborhood than the existing nonconformity.
(1) Maximum aggregate of accessory building size by minimum lot area.
300 square foot accessory building under 10,000 square foot lot
600 square foot accessory building minimum 10,000 square foot lot
800 square foot accessory building minimum 30,000 square foot lot
1,000 square foot accessory building minimum 70,000 square foot lot
1,500 square foot accessory building minimum 140,000 square foot lot
2,000 square foot accessory building minimum 210,000 square foot lot
2,500 square foot accessory building minimum 280,000 square foot lot
D. No accessory building larger than 1,500 square feet may be located closer than 40 feet from any property line on a lot used residentially.
§ 270-7.4. Special permits.
B. Specific uses by special permit. No special permit shall be issued except in accordance with the following conditions and requirements for each specific use:
(5) Accessory building or structure located within the required front, side or rear setback.
(a) SPGA: Board of Appeals; all districts.
(b) The Board of Appeals may impose certain restrictions, including but not limited to size, height and/or number of buildings or structures.
(a) SPGA: Board of Appeals; all districts
(b) The Board of Appeals may impose certain restrictions, including but not limited to size, height, distance to property lines and/or number of buildings.
Sponsored by the Planning Board
You are directed to serve this warrant by posting an attested copy hereof seven (7) days at least before the day appointed for the Special Town Meeting at the following places: Town Office Building, Nemasket Week, Baldies Pizzeria, Fat Cousins, the Clark Shores Association Bulletin Board, Apponequet Regional High School, Lakeville Senior Center, and Assawompset Elementary School.
Hereof fail not and make return of the warrant with your doings hereon at the time and place of said meeting.
Given under our hands this 21st day of October, 2024.
Lorraine Carboni, Chair
Evagelia Fabian
Brian Day
Maureen Candito
Brynna Donahue
TOWN OF MIDDLEBOROUGH, MASSACHUSETTS WARRANT FOR 2024 STATE ELECTION
COMMONWEALTH OF MASSACHUSETTS
WILLIAM FRANCIS GALVIN
SECRETARY OF THE COMMONWEALTH
WARRANT FOR STATE ELECTION
PLYMOUTH SS.
To the Constables of the Town of Middleborough,
GREETINGS:
In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of said city or town who are qualified to vote in Elections to vote at: Precinct 1: Oak Point Club House, 202 Oak Point Drive; Precincts 2, 4, 6: Middleborough High School, 71 East Grove Street; Precinct 3: South Middleborough Fire Station, 566 Wareham Street; Precincts 5, 5A: Council on Aging, 558 Plymouth Street; Precincts 7, 7A: John T. Nichols, Jr. Middle School, 112 Tiger Drive
on TUESDAY, THE FIFTH DAY OF NOVEMBER, 2024, from 7:00 A.M. TO 8:00 P.M. for the following purpose:
To cast their votes in the State Election for the candidates for the following offices:
ELECTORS OF PRESIDENT AND VICE PRESIDENT FOR THESE UNITED STATES
SENATOR IN CONGRESS FOR THIS COMMONWEALTH
REPRESENTATIVE IN CONGRESS NINTH DISTRICT
COUNCILLOR FIRST DISTRICT
SENATOR IN GENERAL COURT THIRD BRISTOL AND PLYMOUTH DISTRICT
REPRESENTATIVE IN GENERAL COURT TWELFTH PLYMOUTH DISTRICT (1, 5A)
REPRESENTATIVE IN GENERAL COURT TWELFTH BRISTOL DISTRICT (2,4,5,7)
REPRESENTATIVE IN GENERAL COURT SECOND PLYMOUTH DISTRICT (3,6,7A)
CLERK OF COURTS PLYMOUTH COUNTY
REGISTER OF DEEDS PLYMOUTH DISTRICT
COUNTY COMMISSIONER PLYMOUTH COUNTY
REGIONAL SCHOOL COMMITTEE BRISTOL PLYMOUTH DISTRICT
QUESTION 1: Law Proposed by Initiative Petition
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2024?
SUMMARY
This proposed law would specify that the State auditor has the authority to audit the legislature.
A YES VOTE would specify that the State auditor has the authority to audit the legislature.
A NO VOTE would make no change in the law relative to the State Auditor’s authority.
QUESTION 2: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2024?
SUMMARY
This proposed law would eliminate the requirement that a student pass the Massachusetts Comprehensive Assessment System (MCAS) tests (or other statewide or district-wide assessments) in mathematics, science and technology, and English in order to receive a high school diploma. Instead, in order for a student to receive a high school diploma, the proposed law would require the student to complete coursework certified by the student’s district as demonstrating mastery of the competencies contained in the state academic standards in mathematics, science and technology, and English, as well as any additional areas determined by the Board of Elementary and Secondary Education.
A YES VOTE would eliminate the requirement that students pass the Massachusetts Comprehensive Assessment System (MCAS) in order to graduate high school but still require students to complete coursework that meets state standards.
A NO VOTE would make no change in the law relative to the requirement that a student pass the MCAS in order to graduate high school.
QUESTION 3: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2024?
SUMMARY
The proposed law would provide Transportation Network Drivers (“Drivers”) with the right to form unions (“Driver Organizations”) to collectively bargain with Transportation Network Companies (“Companies”)-which are companies that use a digital network to connect riders to drivers for pre-arranged transportation-to create negotiated recommendations concerning wages, benefits and terms and conditions of work. Drivers would not be required to engage in any union activities. Companies would be allowed to form multi-Company associations to represent them when negotiating with Driver Organizations. The state would supervise the labor activities permitted by the proposed law and would have responsibility for approving or disapproving the negotiated recommendations. The proposed law would define certain activities by a Company or a Driver Organization to be unfair work practices. The proposed law would establish a hearing process for the state Employment Relations Board (“Board”) to follow when a Company or Driver Organization is charged with an unfair work practice. The proposed law would permit the Board to take action, including awarding compensation to adversely affected Drivers, if it found that an unfair work practice had been committed. The proposed law would provide for an appeal of a Board decision to the state Appeals Court. This proposed law also would establish a procedure for determining which Drivers are Active Drivers, meaning that they completed more than the median number of rides in the previous six months. The proposed law would establish procedures for the Board to determine that a Driver Organization has signed authorizations from at least five percent of Active Drivers, entitling the Driver Organization to a list of Active Drivers; to designate a Driver Organization as the exclusive bargaining representative for all Drivers based on signed authorizations from at least twenty-five percent of Active Drivers; to resolve disputes over exclusive bargaining status, including through elections; and to decertify a Driver Organization from exclusive bargaining status. A Driver Organization that has been designated the exclusive bargaining representative would have the exclusive right to represent the Drivers and to receive voluntary membership dues deductions. Once the Board determined that a Driver Organization was the exclusive bargaining representative for all Drivers, the Companies would be required to bargain with that Driver Organization concerning wages, benefits and terms and conditions of work. Once the Driver Organization and Companies reached agreement on wages, benefits, and the terms and conditions of work, that agreement would be voted upon by all Drivers who has completed at least 100 trips the previous quarter. If approved by a majority of votes cast, the recommendations would be submitted to the state Secretary of Labor for approval and if approved, would be effective for three years. The proposed law would establish procedures for the mediation and arbitration if the Driver Organization and Companies failed to reach agreement within a certain period of time. An arbitrator would consider factors set forth in the proposed law, including whether the wages of Drivers would be enough so that Drivers would not need to rely upon any public benefits. The proposed law also sets out procedures for
the Secretary of Labor’s review and approval of recommendations negotiated by a Driver Organization and the Companies and for judicial review of the Secretary’s decision. The proposed law states that neither its provisions, an agreement nor a determination by the Secretary would be able to lessen labor standards established by other laws. If there were any conflict between the proposed law and existing Massachusetts labor relations law, the proposed law would prevail. The Board would make rules and regulations as appropriate to effectuate the proposed law. The proposed law states that, if any of its parts were declared invalid, the other parts would stay in effect.
A YES VOTE would provide transportation network drivers the option to form unions to collectively bargain with transportation network companies regarding wages, benefits, and terms and conditions of work
A NO VOTE would make no change in the law relative to the ability of transportation network drivers to form unions.
QUESTION 4: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2024?
SUMMARY
This proposed law would allow persons aged 21 and older to grow, possess, and use certain natural psychedelic substances in certain circumstances. The psychedelic substances allowed would be two substances found in mushrooms (psilocybin and psilocyn) and three substances found in plants (dimethyltryptamine, mescaline, and ibogaine). These substances could be purchased at an approved location for use under the supervision of a licensed facilitator. This proposed law would otherwise prohibit any retail sale of natural psychedelic substances. This proposed law would also provide for the regulation and taxation of these psychedelic substances. This proposed law would license and regulate facilities offering supervised use of these psychedelic substances and provide for the taxation of proceeds from those facilities’ sales of psychedelic substances. It would also allow persons aged 21 and older to grow these psychedelic substances in a 12-foot by 12-foot area at their home and use these psychedelic substances at their home. This proposed law would authorize persons aged 21 or older to possess up to one gram of psilocybin, one gram of psilocyn, one gram of dimethyltryptamine, 18 grams of mescaline, and 30 grams of ibogaine (“personal use amount”), in addition to whatever they might grow at their home, and to give away up to the personal use amount to a person aged 21 or over. This proposed law would create a Natural Psychedelic Substances Commission of five members appointed by the Governor, Attorney General, and Treasurer which would administer the law governing the use and distribution of these psychedelic substances. The Commission would adopt regulations governing licensing qualifications, security, recordkeeping, education and training, health and safety requirements, testing, and age verification. This proposed law would also create a Natural Psychedelic Substances Advisory Board of 20 members appointed by the Governor, Attorney General, and Treasurer which would study and make recommendations to the Commission on the regulation and taxation of these psychedelic substances. This proposed law would allow cities and towns to reasonably restrict the time, place, and manner of the operation of licensed facilities offering psychedelic substances, but cities and towns could not ban those facilities or their provision of these substances. The proceeds of sales of psychedelic substances at licensed facilities would be subject to the state sales tax and an additional excise tax of 15 percent. In addition, a city or town could impose a separate tax of up to two percent. Revenue received from the additional state excise tax, license application fees, and civil penalties for violations of this proposed law would be deposited in a Natural Psychedelic Substances Regulation Fund and would be used, subject to appropriation, for administration of this proposed law. Using the psychedelic substances as permitted by this proposed law could not be a basis to deny a person medical care or public assistance, impose discipline by a professional licensing board, or enter adverse orders in child custody cases absent clear and convincing evidence that the activities created an unreasonable danger to the safety of a minor child. This proposed law would not affect existing laws regarding the operation of motor vehicles while under the influence, or the ability of employers to enforce workplace policies restricting the consumption of these psychedelic substances by employees. This proposed law would allow property owners to prohibit the use, display, growing, processing, or sale of these psychedelic substances on their premises. State and local governments could continue to restrict the possession and use of these psychedelic substances in public buildings or at schools. This proposed law would take effect on December 15, 2024.
A YES VOTE would allow persons over age 21 to use certain natural psychedelic substances under licensed supervision and to grow and possess limited quantities of those substances in their home and would create a commission to regulate those substances.
A NO VOTE would make no change in the law regarding natural psychedelic substances.
QUESTION 5: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2024?
SUMMARY
The proposed law would gradually increase the minimum hourly wage an employer must pay a tipped worker, over the course of five years, on the following schedule:
To 64% of the state minimum wage on January 1, 2025;
To 73% of the state minimum wage on January 1, 2026;
To 82% of the state minimum wage on January 1, 2027;
To 91% of the state minimum wage on January 1, 2028; and
To 100% of the state minimum wage on January 1, 2029
The proposed law would require employers to continue to pay tipped workers the difference between the state minimum wage and the total amount a tipped worker receives in hourly wages plus tips through the end of 2028. The proposed law would also permit employers to calculate this difference over the entire weekly or bi-weekly payroll period. The requirement to pay this difference would cease when the required hourly wage for tipped workers would become 100% of the state minimum wage on January 1, 2029.
Under the proposed law, if an employer pays its workers an hourly wage that is at least the state minimum wage, the employer would be permitted to administer a “tip pool” that combines all the tips given by customers to tipped workers and distributes them among all the workers, including non-tipped workers.
A YES VOTE would increase the minimum hourly wage an employer must pay a tipped worker to the full state minimum wage implemented over five years, at which point employers could pool all tips and distribute them to all non-management workers.
A NO VOTE would make no change in the law governing tip pooling or the minimum wage for tipped workers.
Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting.
Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting.
Given under our hands this 21st day of October, 2024.
Mark Germain, Chair
Brian Giovanoni, Vice Chair
Teresa Kelly Farley
Thomas White
William C. Pike Jr.
Select Board of Middleborough
TOWN CLERK’S CERTIFICATION
I hereby certify under pains and penalties of perjury I posted attested copies of this Warrant at the Middleborough Town Hall and Middleborough Annex Building on the date attested in accordance with the provisions of M.G. L. c.39, §10. I further certify that this Warrant was published in the Nemasket Week newspaper publication on the 24th day of October 2024.
Attest: Pamela Menconi, Town Clerk
Date: October 22, 2024
