TOWN MEETING WARRANT

NORFOLK, ss.

To either Constable in the Town of Norfolk, in said County:

GREETINGS:

You are required in the name of the Commonwealth of Massachusetts to notify and warn the inhabitants of Norfolk, qualified to vote in Town affairs residing in Precincts 1, 2, and 3, to assemble in the designated polling places in the Freeman/Centennial School, MacBride Auditorium, 70 Boardman Street, Norfolk, Massachusetts, on Tuesday, May 1, 2001 at 7:00 a.m., for the election of town officers under ARTICLE 1, of the Annual Town Meeting; and thence to meet on Saturday, May 5, 2001, at 9:00 a.m. at the King Philip High School, 201 Franklin Street, Wrentham, Massachusetts 02093, for the adjourned business session of the Annual Town Meeting, then and there to act on the following articles commencing with Article 2: viz.

ARTICLE 1. Submitted by Town Clerk

To choose by ballot the following officers: viz, one Moderator for a one year term; one Selectman for a three year term; one Assessor for a three year term; one Assessor for one year to complete an unexpired term; one Board of Health member for a three year term; one Library Trustee for a three year term; one Water Commissioner for a three year term; two Planning Board members each for a three year term; two Recreation Commission members each for a three year term; one Housing Authority member for a five year term; one Norfolk School Committee member for a three year term, and two Constables each for a three year term, and to choose by ballot the following question:

QUESTION 1

Shall the Town of Norfolk accept Sections 3 through 7, inclusive, of Chapter 44B of the Massachusetts General Laws (the "Community Preservation Act"), as petitioned by 5% of the registered voters, a summary of which appears below?



Yes______ No______





SUMMARY:

If passed, the Act will be effective beginning July 1, 2001.

According to guidelines set forth in the Act, acceptance of Sections 3 to 7 inclusive, will enable the Town of Norfolk to create a funding mechanism, form a specialized committee, establish a designated fund, and recommend allocation of funding, for community preservation purposes consisting of: acquisition, creation and preservation of open space, including land for recreational use; acquisition, creation and preservation of historic structures and landscapes; and creation and preservation of community housing.

(a) Creation of a Community Preservation Funding Mechanism

According to guidelines set forth in Section 3 of the Act, the Town of Norfolk hereby establishes a funding mechanism to support community preservation. The funding mechanism shall be in the form of a three percent (3%) surcharge on the real estate tax levy imposed upon real property as determined annually by Norfolk's Board of Assessors.

(b) Authorized Exemptions and Abatements Not Affected

All exemptions and abatements of real property authorized by Chapter 59 of the Massachusetts General Laws or any other law for which a taxpayer qualifies as eligible shall not be affected by the Act. A taxpayer receiving an exemption of real property authorized by said Chapter 59 or any other law shall be exempt from any surcharge on real property established under Section 3 of the Act. The surcharge to be paid by a taxpayer receiving an abatement of real property authorized by said Chapter 59 or any other law shall be reduced in proportion to the amount of such abatement.

(c) Exemptions

In addition, the Town of Norfolk hereby accepts the following exemptions provided in Section 3(e) of the Act from the three percent (3%) surcharge:

1 Property owned and occupied as a domicile by a person who would qualify for low income housing or low or moderate income senior housing in the Town; and

2 $100,000 of the value of each taxable parcel of residential real property in the Town.

(d) Creation of a Community Preservation Committee

A Community Preservation Committee will be established by adding a new section, Section 8, to Article III, Committees, of the General Bylaws as follows:

Section 8 Community Preservation Committee

(a) Establishment of Committee; Purpose: A Community Preservation Committee is hereby established pursuant to Section 5 of Chapter 44B of the Massachusetts General Laws, as authorized by Chapter 267 of the Acts of 2000, whose purpose is to make recommendations to the Town Meeting for community preservation.

(b) Definitions: The terms used herein and not otherwise defined shall be given the definitions set forth in Sections 1 and 2 of the Massachusetts Community Preservation Act.

(c) Membership and Appointment:

a. The Community Preservation Committee shall consist of nine (9) appointed members.

b. The nine members of the Community Preservation Committee shall consist of the following members:

i. One member of the Conservation Commission established under Section 8C of Chapter 40 as designated by the Commission;

ii. One member of the Historical Commission established under Section 8D of Chapter 40 as designated by such commission;

iii. One member of the Planning Board established under Section 81A of Chapter 41 as designated by such board;

iv. One member of the Recreation Commission established under Section 2 of Chapter 45 as designated by such commission;

v. One member of the Housing Authority established under Section 3 of Chapter 121B as designated by such authority;

vi. Four citizens appointed by the Board of Selectmen.

c. The four citizens appointed by the Board of Selectmen pursuant to Section (c)b.vi. herein shall be chosen one from each of the four precincts.

d. The Director of Municipal Finance shall be an Ex Officio, Non Voting member of the Community Preservation Committee.

(d) Term of appointment:

a. The terms of the Community Preservation Committee members appointed by the Conservation Commission, Historical Commission, Planning Board, Recreation Commission and Housing Authority as provided in Sections (c)b.i. through v. shall be for one (1) year, and such boards and commissions shall appoint their respective designee annually

b. The terms of the Community Preservation Committee members appointed by the Board of Selectmen as provided in Section (c)b.vi. shall be for three (3) years, except for the first appointments made pursuant to this bylaw, in which case two appointments shall be two (2) year appointments and two appointments shall be three (3) year appointments

c. The members of the Community Preservation Committee may be reappointed for as many terms as authorized by the appointing authority.

d. All appointments become effective upon being duly sworn in by the Town Clerk.

(e) Powers and Duties: The Community Preservation Committee shall have all of the powers and duties intended for such committees as set forth in Section 5 of the Massachusetts Community Preservation Act, which includes, among others, the following

a. To make recommendations (including anticipated cost information) to Town Meeting for the acquisition, creation and preservation of open space including land for recreational use; for the acquisition and preservation of historic resources; and for the creation, preservation and support of community housing;

b. To submit an annual administrative and operating budget for the Community Preservation Committee, which cannot exceed five percent (5%) of the annual revenues in the Community Preservation Fund, to Town Meeting for approval;

c. To establish rules and regulations for its operation, election of officers, conduct of public hearings and performance of any and all other administrative acts as are within the scope and intent of the Massachusetts Community Preservation Act or this bylaw, as necessary to accomplish the purposes of the Massachusetts Community Preservation Act and this bylaw;

d. As provided in the Massachusetts Community Preservation Act, no expenditures shall be made from the Community Preservation Fund without the approval of Town Meeting.

ARTICLE 2. Submitted by Personnel Board

To see if the Town will vote to amend the Norfolk Personnel Bylaws by adding to the Classification Schedule the following:

SECTION IX. ADMINISTRATION OF THE SALARY CLASSIFICATION PLAN

Classification Schedule

Administrative/Clerical

Clerk, Planning Board Grade 6

or take any other action relative thereto.

ARTICLE 3. Submitted by Board of Selectmen

To see if the Town will vote to add the duties and functions of the previously approved Personnel Administrator position to the duties and responsibilities of the Town Administrator; or take any other action relative thereto.

ARTICLE 4. Submitted by Board of Selectmen

To see if the Town will vote to fix the salary and compensation of all elected officers of the Town as provided for by Massachusetts General Laws, Chapter 41, Section 108; and to authorize any board or committee to employ its members for additional salary or compensation, and to fix the salary or compensation thereof; and further to see what sum of money the Town will raise and appropriate, transfer from any available source of funds, borrow or bond, to defray the departmental and incidental expenses of the Town not otherwise provided for, for the fiscal year commencing on July 1, 2001; or take any other action relative thereto. (Omnibus Budget)

ARTICLE 5. Submitted by Water Commissioners

To see what sum of money the Town will vote to transfer from Water Department revenue to fund the Water Department, maintenance, and operating expenses; or take any other action relative thereto.

ARTICLE 6. Submitted by Board of Selectmen

To see if the Town will vote to raise and appropriate, transfer from any available source of funds, borrow or bond pursuant to any applicable statute to fund capital and other expense items; or take any other action relative thereto. (Omnibus Capital)

ARTICLE 7. Submitted by Water Commissioners

To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from Water Department revenue a sum of money for the center of Town Revitalization Project in conjunction with Article 5, of the November 1996 Fall Town Meeting; or take any other action relative thereto.

ARTICLE 8. Submitted by Personnel Board

To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to fund a Study of the Town of Norfolk Personnel Bylaw Classification and Compensation Schedules; or take any other action relative thereto.

ARTICLE 9. Submitted by King Philip High School Superintendent

To see if the Town will raise and appropriate a sum of money for the Town's share of the King Philip Regional School's Capital Plan for Fiscal Year 2002; or take any other action relative thereto.

ARTICLE 10. Submitted by Board of Selectmen

To see if the Town will vote to transfer management of three adjacent parcels of land described as the old town hall property, as shown on Assessors Map 14, Block 56, Lot 33; the old town pond property, as shown on Assessors Map 22, Block 56, Lot 34, and the Robert Foss Memorial Park, as shown on Assessors Map 14, Block 56, Lot 32, to the Board of Selectmen for the purpose of relocating the Norfolk MBTA train station, and to petition the State Legislature, if necessary; or take any other action relative thereto.

ARTICLE 11. Submitted by King Philip High School Superintendent

To see if the Town will vote to approve the indebtedness authorized by the Regional District School Committee of the King Philip Regional School District for the cost of additions, renovations and remodeling of the existing high school and the cost of construction of an addition to and remodeling and renovations to the existing middle school, which approval shall not take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L. c59, S.21C (Proposition 2 1/2 ) amounts required to pay for the Town's share of the principal and interest on the borrowing authorized by the District.

ARTICLE 12. Submitted by Golf Study Committee

To see if the Town will vote to raise and appropriate, transfer from any available source of funds, or borrow or bond, pursuant to any applicable state statute, a sum of money to fund the purchase of various parcels of land to be used for the construction of a municipal golf course, including costs incidental thereto; or take any other action relative thereto.

ARTICLE 13. Submitted by Golf Study Committee

To see if the Town will vote to raise and appropriate, transfer from any available source of funds, or borrow or bond, pursuant to any applicable state statute, a sum of money to fund study, planning and design costs for the construction of a municipal golf course, including costs incidental thereto; or take any other action relative thereto.

ARTICLE 14. Submitted by Golf Study Committee

To see if the Town will vote to raise and appropriate, transfer from any available source of funds, or borrow or bond, pursuant to any applicable state statute, a sum of money to fund construction costs for a municipal golf course, including costs incidental thereto; or take any other action relative thereto.

ARTICLE 15. Submitted by Library Trustees

To see if the Town will vote to approve the renovation and expansion of the Norfolk Public Library; or take any other action relative thereto.

ARTICLE 16. Submitted by Library Trustees

To see if the Town will vote to raise and appropriate, borrow or bond, a sum of money to design, construct, renovate and furnish an expanded/renovated public library including costs incidental thereto, on Main Street, located on Assessors Map 14, Block 51, Lot 1 and Map 14, Block 41, Lot 10, and that the Treasurer be authorized to borrow under the provisions of Massachusetts General Laws, Chapter 44, Section (7)3 or any other enabling authority and to issue bonds or notes therefor, with the approval of the Board of Selectmen; said borrowing to be contingent on (a) the approval by the town of a debt service exemption ballot referendum in accordance with Massachusetts General Laws, Chapter 59, Section 21C, and (b) on receipt of funding from the Massachusetts Public Library Construction Program; or take any other action relative thereto.

ARTICLE 17. Submitted by Fire Department/Permanent Building Committee

To see if the Town will vote to raise and appropriate, transfer from any available source of funds, or borrow/bond pursuant to any applicable statute, a sum of money for the purpose of purchasing by negotiated purchase or by eminent domain a parcel of land, and that the Board of Selectmen be authorized to enter into any and all agreements and execute any and all instruments as may be necessary on behalf of the Town of Norfolk to affect said purchase; or take any other action relative thereto. (Site is to be the location of the proposed new Fire Station).

ARTICLE 18. Submitted by Fire Department/Permanent Building Committee

To see if the Town will vote to raise and appropriate, transfer from any available source of funds, or borrow/bond pursuant to any applicable statute, a sum of money for Architectural and Engineering Design of the proposed new Fire Station, costs designated as Phase 1 on the Facility Needs Assessment dated February 14, 2001 prepared by A. Lieb Architects; or take any other action relative thereto.

ARTICLE 19. Submitted by Board of Selectmen

To see if the Town will vote to raise and appropriate a sum of money to be used for road repairs as outlined in the Street Inventory Report prepared for the Town of Norfolk dated February, 2001, said funds contingent upon the vote of an override; or take any other action relative thereto.

ARTICLE 20. Submitted by Board of Selectmen

To see if the Town will vote to raise and appropriate, transfer from any available source of funds, or borrow or bond pursuant to any applicable statute, to increase the sum of money that was voted in Article 10 of the 2000 Fall Town Meeting to construct sanitary sewer lines along Old Populatic Road, including shared costs with the Town of Franklin; or take any other action relative thereto.

ARTICLE 21. Submitted by Board of Selectmen

To see if the Town will choose any committee, or to hear or act on the report of any committee, town officer, or to instruct any committee or town officer; or take any other action relative thereto.

ARTICLE 22. Submitted by Petition

To see if the Town of Norfolk will vote to abandon one Toils End Road as it pertains to 39 Maple Street/Lot 2 as viewed on Plan #299 of 1997 in Plan Book 447 at the Norfolk Registry of Deeds; or take any other action relative thereto.

ARTICLE 23. Submitted by Petition

To see if the Town will vote to amend Zoning By Laws by deleting Section F.4.b.2 in its entirety, and insert a new Section F.4.b.2 as follows:

If a nonconforming structure has been destroyed or damaged by fire, flood, earthquake, or other catastrophe, such building may be rebuilt or restored subject to the granting of a building permit: provided such rebuilding and restoring shall be completed within twelve months of the issuance of a building permit, and the structure as rebuilt or restored shall not be in greater non-conformity than before; or take any other action relative thereto.

ARTICLE 24. Submitted by Petition

To see if the Town will vote to petition the State Legislature to enact the following Recall Procedure; or take any other action relative thereto.

An Act Providing for Recall Elections in the Town of Norfolk

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Section 1. A holder of an elected office in the Town of Norfolk may be recalled therefrom by the registered voters of said town as herein provided, except that the maximum number of members of a board that may be recalled is a majority.

Section 2. Any two hundred registered voters of the Town of Norfolk may initiate a recall petition by filing with the Town Clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. At least sixty-six names of registered voters shall be from each of the voting precincts into which said town is divided. Said Town Clerk shall thereupon deliver to said voters making such affidavit, a sufficient number of copies of petition blanks demanding such recall, a supply of which shall be kept on hand. Such blanks shall be issued by the Town Clerk, with his/her signature and official seal attached thereto. Further, such blanks shall be dated, shall be addressed to the Selectmen of said town and shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought and the grounds of recall as stated in the affidavit and shall demand the election of a successor to said office. A copy of the affidavit shall be entered in a record book to be kept in the office of said Town Clerk. Said recall petition shall be returned and filed with the Town Clerk within twenty days after the filing of the affidavit and shall be signed by at least fifteen percent of the registered of said town, who shall add to their signatures their place of residence, including their street, number and precinct; provided; however, that not more than thirty-three and one third percent of the total number shall be from any one precinct.

The Town Clerk shall, within twenty-four hours of receipt thereof, submit the signed petition to the Registrars of Voters in the town and said registrars shall, within five working days, certify thereon the number of signatures which are names of registered voters of the town.

Section 3. If the petition shall be found and certified by the Town Clerk to be sufficient, said Town Clerk shall submit the same with his certificate to the Selectmen within five working days, give written notice of receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them not less that sixty-five nor more than ninety days after the date of the Town Clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within one hundred days after the date of the certificate the Selectmen shall postpone the holding of the recall election to the date of such other election. No person shall be subject to recall if his term of office expires within ninety days of this certificate. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section.

Section 4. An officer sought to be removed may be a candidate to succeed himself and, unless such officer requests otherwise in writing, the Town Clerk shall place his name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the removal election and the conduct of same, shall be in accordance with the provisions of law relative to elections unless otherwise provided herein.

Section 5. An incumbent shall continue to perform the duties of the office until a recall election is held. If not recalled, such officer shall continue in office for the remainder of his unexpired term subject to recall as before, except as provided in this section. If such officer is recalled in the recall election, he shall be deemed removed upon the qualification of his successor, who shall hold office for the remainder of the unexpired term. If a successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant.

Section 6. Ballots used in a recall election shall submit the following propositions in the order indicated:

For the recall of (name of officer).

Against the recall of (name of officer).

Immediately at the right of each proposition there shall be an oval in which a voter, by filling in the oval, may vote for either of said propositions. Under the propositions shall appear the word "Candidates", the directions to the voters required by Section forty-two of Chapter fifty-four of the General Laws and, beneath this, the names of candidates nominated in accordance with the provisions of law relating to elections. If two-thirds of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared. If more than one-third of the votes on the question are in the negative, the ballots for candidates need not be counted.

Section 7. No recall petition shall be filed against an officer within ninety days after he takes office nor, in the case of an officer subjected to a recall election and not recalled thereby, until at least ninety days after the election at which his recall was submitted to the voters.

Section 8. No person who has been recalled from an office or who has resigned from office while recall proceedings were pending against him shall be appointed to town office within one year after such recall or such resignation.

Section 9. This act shall take effect upon its passage.

ARTICLE 25. Submitted by Petition

To see if the Town will vote to petition the State Legislature to enact the following Recall Procedure; or take any other action relative thereto.

AN ACT PROVIDING FOR RECALL ELECTIONS IN THE TOWN OF NORFOLK.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Any holder of an elected office in the Town of Norfolk may be recalled therefrom by the qualified voters of said town as provided in this act for any of the following reasons: lack of fitness; neglect of duties; corruption; misfeasance or violation of oath. Exercising discretion in voting or acting on matters before such office holder shall not constitute a reason for recall.

SECTION 2. Any 200 registered voters of the Town of Norfolk may file with the Town Clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for such recall. At least 66 names of registered voters shall be from each of the voting precincts into which said town is divided. Upon certification of the required signatures, said Clerk shall thereupon deliver to the first named voter on the affidavit copies of petition blanks addressed to the board of selectmen demanding such recall, copies of which printed forms he shall keep available. Said blanks shall be issued by said Clerk with his signature and official seal attached thereto. They shall be dated, shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought and the grounds of recall as stated in the affidavit and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of said Clerk. The recall petition shall be returned and filed with said Clerk within 30 days after the filing of the affidavit and shall have been signed by at least 25 per cent of the registered voters of the town as of the date such affidavit was filed with said Clerk. To every signature shall be added the place of residence of the signer, giving the street and number, if any. Said Clerk shall, within 72 hours of receipt thereof, submit the petition to the registrars of voters in the town, and said registrars shall forthwith certify thereon the number of signatures which are names of registered voters of the town.

SECTION 3. If the petition shall be found and certified by the Town Clerk to be sufficient, he shall submit the same with his certificate to the board of selectmen without delay and said board shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled. If such officer does not resign within five days thereafter, said board shall order an election to be held on a date fixed by them not less than 65 nor more than 90 days after the date of said Clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is scheduled to occur within 120 days after the date of the certificate, said board shall postpone the holding of the recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section.

SECTION 4. Any officer sought to be removed may be a candidate to succeed himself and, unless he requests otherwise in writing, the Town Clerk shall place his name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the same shall all be in accordance with the provisions of law relating to elections, unless otherwise provided in this act.

SECTION 5. The incumbent shall continue to perform the duties of his office until the recall election. If he is not recalled, he shall continue in office for the remainder of his unexpired term, subject to recall as before, except as provided in section 7. If he is recalled, he shall be deemed removed upon the qualifications of his successor, who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant.

SECTION 6. Ballots used in a recall election shall submit the following propositions in the order indicated:

For the recall of (name of officer)

Against the recall of (name of officer)

Immediately at the right of each proposition there shall be a square in which the voter, by making a cross mark (x), may vote for either of said propositions. Under the proposition shall appear the word "Candidates" and the directions to voters required by section 42 of chapter 54 of the General Laws and, beneath this, the names of candidates nominated as herein before provided. If two-thirds of the votes cast upon the question of recall is in the affirmative, then the candidate receiving the highest number of votes shall be declared elected. If more than one-third of the votes cast on the question is in the negative, then the ballots for candidates need not be counted. If fewer than 25 per cent of the registered voters of the town participate in the election, no votes need be counted and the election shall be deemed to have determined that the incumbent should not be recalled.

SECTION 7. No recall petition shall be filed against an officer within six months after he takes office, nor the last six months of his term, nor in the case of an officer subjected to a recall election and not recalled thereby, until at least six months after the election at which his recall was submitted to the voters of the town has elapsed.

SECTION 8. No person who has been recalled from an office or who has resigned from office while recall proceedings were pending against him shall be appointed to any town office within two years after such recall or resignation.

SECTION 9. This act shall take effect upon its passage.

ARTICLE 26. Submitted by Board of Selectmen

To see if the Town will vote to raise and appropriate, transfer from any available source of funds a sum of money to pay unpaid bills of a prior year pursuant to Massachusetts General Laws Chapter 44, Section 64; or take any other action relative thereto.

ARTICLE 27. Submitted by Board of Selectmen

To see if the Town will vote to raise and appropriate, transfer from any available source of funds a sum of money to be added to departmental budgets and appropriations for the fiscal year ending on June 30, 2001; or take any other action relative thereto.

ARTICLE 28. Submitted by Board of Selectmen

To see if the Town will vote pursuant to Massachusetts General Laws, Chapter 44, Section 53E 1/2, to authorize the use of a revolving fund for the purpose of paying expenses related to the collection of parking ticket violations; said fund to be credited with receipts collected not to exceed $1,000 in fiscal year 2002, under the direction of the Board of Selectmen; or take any other action relative thereto.

ARTICLE 29. Submitted by Highway Superintendent

To see if the Town will vote to accept and authorize the Board of Selectmen to enter into contracts for the expenditure of Chapter 90 funds allocated by the Commonwealth for the construction, reconstruction, or improvements of public and other improvements within the Town, as requested by the Selectmen, and to authorize the Treasurer to borrow or bond, pursuant to any applicable statute in anticipation of reimbursement; or take any other action relative thereto.

ARTICLE 30. Submitted by Highway Superintendent

To see if the Town will vote to authorize the Board of Selectmen to release or acquire by gift, purchase, or otherwise, such easement as may be necessary for drainage purposes and the laying out of public ways, and to raise and appropriate, or transfer from any available source of funds, a sum of money for said purpose; or take any other action relative thereto.

ARTICLE 31. Submitted by Water Commissioners

To see if the Town will vote to accept all State and Federal Grants and reimbursements for the Water Department which do not require matching funds from the Town or any representative or agency thereof, and will not obligate or encumber any resident of the Town of Norfolk without a town meeting; or take any other action relative thereto.

ARTICLE 32. Submitted by Water Commissioners

To see if the Town will vote to authorize the use of a revolving fund, pursuant to Massachusetts General Laws, Chapter 44, Section 53E 1/2 for the purpose of a Department of Environmental Protection Cross Connection Control Program, said revolving fund shall be credited with receipts from Inspection Services under the authority and direction of the Board of Water Commissioners, such expenditures not to exceed $5,000 and to see what sum of money the Town will appropriate from available funds to establish the revolving fund; or take any other action relative thereto.

ARTICLE 33. Submitted by Highway Superintendent

To see if the Town will vote to raise and appropriate, transfer from any available source of funds, or borrow or bond pursuant to any applicable statute sums of money necessary to complete work associated with the installation of underground utilities and provided utility companies to repay the Town for the cost of such work pursuant to Massachusetts General Laws, Chapter 166, Section 22E, or special legislation enacted at the request of the Town under Article 14 of the 1998 Fall Town Meeting; or take any other action relative thereto.

ARTICLE 34. Submitted by Highway Superintendent

To see if the Town will vote pursuant to Massachusetts General Laws, Chapter 44, Section 53E 1/2, to authorize the use of a revolving fund for the purpose of paying the expenses of snow removal including maintenance and replacement of equipment, from private property to include the King Philip Regional School and subdivision roads as required by the Planning Board rules and regulations; said fund to be credited with receipt of fees charged for this service under the authority and direction of the Board of Selectmen, such expenditures not to exceed $20,000.00 in fiscal year 2002; or take any other action relative thereto.

ARTICLE 35. Submitted by Highway Superintendent

To see if the Town will vote pursuant to Massachusetts General Laws, Chapter 44, Section 53E 1/2, to authorize the use of a revolving fund for the purpose of paying the expenses of Recreational Field Maintenance, including materials, replacement and rental of equipment and contract labor; said fund to be credited with receipt of fees charged for this service under the authority and direction of the Recreation Commission, such expenditures not to exceed $50,000.00 in fiscal year 2002; or take any other action relative thereto.

ARTICLE 36. Submitted by Highway Superintendent

To see if the Town will vote to authorize the Board of Selectmen to accept grant funds from the Massachusetts Technology Park Corporation in accordance with Massachusetts General Laws Chapter 40J, Section 4E and to apply or transfer such grant funds to offset fees incurred with the SEMASS Partnership; or take any other action relative thereto.







ARTICLE 37. Submitted by Conservation Commission

To see if the Town will vote to authorize the Conservation Management Revolving Fund pursuant to Massachusetts General Laws, Chapter 44, Section 53E 1/2, from which to receive and disburse funds to develop and oversee management activities and projects on town-owned conservation land, in an amount not to exceed $5000 during fiscal year 2002; or take any other action relative thereto.

ARTICLE 38. Submitted by Conservation Commission

To see if the Town will vote to authorize the Conservation Commission Revolving Fund pursuant to Massachusetts General Laws, Chapter 44, Section 53E 1/2, from which to receive and disburse wetland hearing application fees for payment of legal advertisement for said hearing, in an amount not to exceed $5000 during fiscal year 2002; or take any other action relative thereto.

ARTICLE 39. Submitted by Planning Board

To see if the Town will vote to re-authorize, pursuant to Massachusetts General Laws, Chapter 44, Section 53E 1/2, a Planning Board Revolving Fund for receipt of subdivision performance inspection fees, as they may be established by the Planning Board, with the authorization of the Planning Board to expend funds in the account for services related to the inspection and approval of subdivisions, such payments not to exceed $40,000 in the aggregate during fiscal year 2002; or take any other action relative thereto.

ARTICLE 40. Submitted by Planning Board

To see if the Town will vote to re-authorize, pursuant to Massachusetts General Laws, Chapter 44, Section 53E 1/2, a Planning Board Revolving Fund for receipt of mitigation funds, required by the Planning Board under the Shade Tree Act and Scenic Roads Act, with the authorization to the Planning Board to expend funds in the account for the purchase and planting of replacement trees, such payments not to exceed $40,000 in the aggregate during fiscal year 2002; or take any other action relative thereto.

ARTICLE 41. Submitted by Planning Board

To see if the Town will vote to re-authorize, pursuant to Massachusetts General Laws, Chapter 44, Section 53E 1/2, a Planning Board Revolving Fund for receipt of mitigation funds, required by the Planning Board, relative to off-site improvements required due to the approval of subdivisions and site plans, with the authorization to the Planning Board to expend funds in the account for such off-site improvements, such payments not to exceed $500,000 in the aggregate during fiscal year 2002; or take any other action relative thereto.

ARTICLE 42. Submitted by Planning Board

To see if the Town will vote to re-authorize, pursuant to Massachusetts General Laws, Chapter 44, Section 53E 1/2, a Planning Board Revolving Fund for receipt of funds required by the Planning Board relative to the cleaning and maintenance of unaccepted subdivision roadways and drainage structures as may be required by the Planning Board for subdivision approvals, such payments not to exceed $50,000 in the aggregate during fiscal year 2002; or take any other action relative thereto.

ARTICLE 43. Submitted by Planning Board

To see if the Town will vote to authorize the Board of Selectmen to accept any monies received through grants applied for by various Town Departments/Boards; or take any other action relative thereto.

ARTICLE 44. Submitted by Planning Board

To see if the Town will vote to reaffirm its vote under Article 25 of the Town Meeting of October 28, 2000 to accept as a gift of land, or take by eminent domain pursuant to Massachusetts General Laws Chapter 79, and further to accept as a public way, Cress Brook Road, a distance of 492.15 +/- feet from Medway Street to the end of the cul-de-sac, together with the utility, sight line, sidewalk, future through-roadway, tree planting and drainage easements as laid out by the Board of Selectmen in accordance with the revised acceptance plans consisting of two sheets (Plan and Profile sheet which is dated April 15, 1999 with revisions dated February 15, 2000, June 23, 2000, October 19, 2000, and December 7, 2000, and Easement Plan sheet dated June 23, 2000, revised September 8, 2000, October 19, 2000, and December 7, 2000) drawn by Commonwealth Engineers and Consultants, Inc. of Providence, Rhode Island; the last revisions having been made, and which are hereby accepted, for the purpose of correcting errors in the plan referenced in the Town's previous acceptance vote; or take any other action relative thereto.

ARTICLE 45. Submitted by Planning Board

To see if the Town will vote to amend the Norfolk Zoning Bylaws by revising Section F.13.Wireless Communications by adding a new Section F.13.d. and renumbering subsequent sections. The new Section F.13.d. will read as follows:

F.13.d Wireless Communication Facilities, by Special Permit from the Zoning Board of Appeals, may be considered an accessory use to a main use in Wireless Communications Overlay Districts 1,2 and 3.

or take any other action relative thereto.

ARTICLE 46. Submitted by Planning Board

To see if the Town will vote to amend the Norfolk Zoning Bylaws by amending Section l.4.a.14. Redevelopment by deleting the last sentence of the second paragraph which currently reads: "The Zoning Enforcement Officer may determine that the requirements of l.4.a.8. (Underground Utilities) be waived.", by substituting a new second sentence and adding a new third sentence so that the second paragraph will now read as follows:

"The REDEVELOPMENT special permit applies specifically, but may not be limited to the

following portions of Section l, B1 District: l.4.a.4; l.4.a.5; l.4.a.6; l.4.a.7; l.4.a.8; l.4.a.15; and l4.b in its entirety. During the Site Plan Approval process, the Planning Board may determine that the requirements of Section l.4.a.14, (Underground Utilities) may be waived." In those circumstances where Site Plan Approval is not required, the Zoning Enforcement Officer may make that determination."

or take any other action relative thereto.

ARTICLE 47. Submitted by Planning Board

To see if the Town will vote to amend the Norfolk Zoning bylaws by amending Section J.4.a.10. by adding at the end of the first paragraph the following two sentences:

"During the Site Plan Approval process, the Planning Board may determine whether the requirements of Section J.4.a.10. (Underground Utilities) may be waived. In those circumstances where Site Plan Approval is not required, the Zoning Enforcement Officer may make that determination."

or take any other action relative thereto.

ARTICLE 48. Submitted by Property Owner

To see if the Town will vote to amend the Norfolk zoning map entitled "Zoning Map, Norfolk, Massachusetts", dated October 23, 2000 as most recently amended to replace the HMPO zoning district with the C6 zoning district; change the zoning of assessors map 26, parcel 15 from R-3 to C-6 and change the zoning of the parcel identified as the New York/New Haven and Hartford Railroad as shown on assessor's map 26 from the Norfolk/Walpole Town line to Hill Street from R-3 & C-1 to C-6.

To see if the Town will vote to adopt a new zoning map which was prepared by Judith Nitsch Engineering, Inc. and is dated April 16, 2001, and to revise Section C.2.a. of the zoning bylaws, by deleting the current section and replacing it with a new section to read as follows:

"C.2.a. Said districts are located and bounded as shown on a map entitled "Zoning Map, Norfolk Massachusetts", dated April 16, 2001 as most recently amended and on file in the office of the Town Clerk. The Zoning Map, with all explanatory matter thereon, is hereby made part of this bylaw."

(The proposed new zoning map is available for public inspection in the office of the Town Clerk and Planning Board office.)

or take any other action relative thereto.

ARTICLE 49. Submitted by Property Owner

To see if the Town will vote to amend the Norfolk Zoning Bylaw to create the following new Section L, C-6 Residential/Commercial Use District (Route 1A, Dedham Street) and to amend Sections C.1, D.1.e.2, D.1.e.3, D.2, E.1.b, F.7.b, F.7.e, F.9.b, F.12.c.1, F.13, H.1.b, H.1.c.2 & H.1.c.6 as follows:

L.1. Purpose

The Master Plan of the Town of Norfolk has identified the goal of promoting development which can enhance the fiscal stability of the town and provide additional opportunities for employment and services as further described in Parts A and B of the Master Plan. In order to implement these goals, the Town establishes this section for the C-6 Residential/Commercial Use District.

L.2. Local Standards

Section L shall supersede the following sections of the Zoning Bylaw: Section D.1.e. Buffer/Green Belt/Landscaping Requirements in Non-Residential Districts, D.2. (Use Regulation), E.1.b. (Schedule of Dimensional Requirements), E.1.c. (LOT Width, FRONTAGE, Setback Line), E.1.d. (YARD Requirements), E.1.e. (BUILD FACTOR), E.2. (Modifications) except E.2.e. (Visual Corner Clearance), F.4.a. (Alteration and Enlargement), and F.5. (ACCESSORY BUILDINGS) except F.5.e. (MOBILE HOMES). All other sections of the Zoning Bylaw, except where otherwise specifically stated herein, shall apply within the C-6 Residential/Commercial District.

L.3. District Boundaries

The C-6 District has as its non-road boundaries the Norfolk/Walpole Town Line at its eastern limit and the southeastern property line of assessors map 26, parcel 15 along with the southeastern property line of the New York/New Haven/Hartford Railroad at its' southeastern limit. The district boundaries are more specifically shown on the Norfolk Zoning Map as most recently amended.

L.4. Lot and Yard Requirements and Standards

L.4.a. General C-6 District Requirements:

L.4.a.1. PLANNED MULTI-LOT DEVELOPMENT. PLANNED MULTI-LOT DEVELOPMENT ("PMLD") is the development of not less than 80,000 square feet of land into a formally associated group of LOTS or BUILDING sites as part of a common scheme by Special Permit by the Planning Board so that such LOTS or BUILDING sites need not be self-sustaining and adequate common provisions are made for parking, drainage, septic disposal and other infrastructure needs of the LOTS, BUILDINGS or STRUCTURES so accommodated.

L.4.a.1.A. Membership in a Property Owners Association shall be mandatory for all property owners within a PMLD and shall be made a required covenant in all deeds issued or passed for property in a PMLD.

L.4.a.1.B. The APPLICANT shall prepare Property Owners Association documents for the Property Owners Association(s). The Property Owners Association documents shall require the association to accept title to any Common Property in the PMLD and that all Common Property shall be deeded by the APPLICANT to the Property Owners Association. The Property Owners Association documents shall further provide that every Owner in a PMLD shall be jointly and severally liable for the ongoing maintenance, operation and upkeep of all Common Property, and that the Town shall have the right, but not the obligation, to enforce these responsibilities against any Owner.

L.4.a.1.C. The Property Owners Association documents for a PMLD shall provide voting and use rights, shall provide the Property Owners Association with the authority to acquire a lien upon the property of any of its members in order to secure collection of any amounts due to the Property Owners Association from its members, and may also provide for the charge of dues, levies, or assessments to cover expenses which include, but are not limited to, tax liabilities, maintenance and municipal or State assessments.



L.4.a.1.D. For the purposes of these subsections, "Common Property" shall mean all land areas used in common for septic, drainage, parking or other land uses. In addition, Common Property shall include, without limitation, such personal property as pumps, pump chambers, piping, valves, manholes, culverts, asphalt and other paving materials, and septic tanks as may be used by two or more units or BUILDINGS in a PMLD. Common Property may also include similar personal property such as septic tanks even if not used by more than one unit if such personal property is to be maintained as a part of the common scheme for the PMLD.

L.4.a.2. Complex sites with mixed and residential uses. Where a single site is proposed to have age-restricted residential and/or nonresidential uses, a comprehensive plan must be approved by the Planning Board. This engineered plan must indicate the total circulation concept for both vehicles and pedestrians, the types of uses proposed to be adjacent to the residential uses and the buffer locations between the residential and non-residential uses. The plan must also include a comprehensive design concept that addresses architectural details; the location of buildings in relation to the access road, general open space, local open space adjacent to buildings, pathways/sidewalks, and any non-residential or common recreation or assembly facilities; and streetscape issues such as streetlights, street trees, sidewalks and landscaping.

L.4.a.3. Phased Development. APPLICANTS shall be allowed to plan, plat and create proposed LOTS or BUILDING sites in anticipation of a known Planned Multi-Lot Development or other proposal which will furnish needed infrastructure for a particular property provided the Town is given surety or other binding assurance, in a form acceptable to the Planning Board, that will insure that no construction occurs without the necessary infrastructure.

L.4.a.4. Town Water. All new water connections for domestic supply or fire protection shall be connected to the Town water system. [Connection to the Town water system is not required unless the lot upon which the building or development is proposed is located on a public way or dedicated easement that permits a connection to the Town's water system. The public way which fronts such a lot or easement must contain a municipal water main into which such a connection may be made.]

L.4.a.5. Location of Drives and Streets. Major street or site entrances shall not be located within 250 feet of each other. Sites whose uses will generate a single daily peak traffic volumes of 150 vehicles or more must provide a second emergency accessway onto the site. Such access may be for emergency vehicles only and need not be a functioning roadway other than maintained for emergency vehicle usability.

L.4.a.6. Street Trees. Other than as needed for drives and entrances, a 30 foot wide grass strip adjacent and parallel to the FRONTAGE of any LOT On Highway shall be landscaped with high canopy trees in accordance with the Town's subdivision regulations and low-lying plants which will not obstruct sight distances from entry drives. All LOTS or building sites Off Highway shall be landscaped with a 20 foot landscaped area and with STREET trees as required by the Town's subdivision regulations.

On Highway shall be defined to be a LOT or site with FRONTAGE on a public way or STREET. Off Highway shall be defined to be a private access road that is not a public way or street.

L.4.a.7. Building Height. Buildings shall not be more than 45 feet in height.

L.4.a.8. Building Scale. No BUILDING FOOTPRINT, other than Offices, shall exceed 50,000 square feet except by Special Permit by the Zoning Board of Appeals.

L.4.a.9. Utilities. All utilities shall be located underground. All utility outlets, service entrances, transformers and utility services shall generally be centrally clustered in a neat and orderly fashion and shall be located to the rear of BUILDINGS or if at a non-rear location shall be screened from view.

L.4.a.10 Street Lights. The applicant shall be responsible for furnishing and erecting street lights at locations approved by the Planning Board. Street light fixtures and standards shall conform to fixtures and standards as most recently installed in the Town of Norfolk at the time of application. In the alternative, such fixtures and standards may be as approved by the Planning Board as part of a comprehensive plan submitted under L.4.a.2.

L.4.b. Lot and Building Requirements and Standards

L.4.b.1. General Requirements

L.4.b.1.A. No Commercial BUILDING, STRUCTURE, use, PARKING AREA, driveway, vehicle circulation area or other vehicle access way shall be located within 50 feet of a residentially occupied BUILDING'S property or LOT line or within 50 feet of a Residential District.

L.4.b.1.B. Any use, except those listed in Section D.1.c. (public, religious, educational, etc.) of this zoning bylaw, FARMER'S MARKETS, Open Space, Village Greens and Squares, shall have a BUILDING with a minimum FOOTPRINT of 1,000 square feet.

L.4.b.1.C. A green belt shall be provided on any commercially used LOT that abuts a Residential District or a LOT with a residentially occupied BUILDING. A green belt shall be provided on any LOT having an ASSISTED LIVING FACILITY. Such green belt shall:

L.4.b.1.C.1. Be located on the LOT along the shared property line.

L.4.b.1.C.2. Have a minimum depth from the shared property line of 50 feet.

L.4.b.1.C.3. Be used for no purpose other than planting and/or sidewalks.

L.4.b.1.C.4. Constitute a screen of evergreen trees and/or shrubs not more than 15 feet apart planted in two or more staggered rows. The distance between each row shall not be more than 10 feet. Plants shall be no less than 6 feet in height at the time of planting and shall be continuously maintained.

In those circumstances where an effective screen of existing plantings already provides an appropriate buffer, the Planning Board has the discretion, during the Site Plan Approval process, to waive strict compliance with Section L.4.b.1.D., provided that the intent of Section L.4.b.1.D. is met. If such a waiver is granted, the Planning Board shall, in its Site Plan Approval, require that the green belt be maintained and replanted where necessary to provide an effective screen throughout the life of the site and the STRUCTURE.

L.4.b.1.D. All YARD setbacks are to be measured from the LOT lines.

L.4.b.1.E. Landscaping Requirements: For each foot of FRONTAGE and each linear foot of private access road, the LOT shall contain 40 square feet of landscaping. This requirement shall not be conditioned to require landscaping of more than 20% of the LOT. In those circumstances where an effective screen of existing plantings already provides an appropriate buffer, the Planning Board has the discretion, during the Site Plan Approval process, to waive strict compliance with Section L.4.b.1.C., provided that the intent of Section L.4.b.1.C. is met. If such a waiver is granted, the Planning Board shall, in its Site Plan Approval, require that the green belt be maintained and replanted where necessary to provide an effective screen throughout the life of the site and the STRUCTURE.



L.4.b.2. Highway Oriented Buildings (along Route 1A and Dedham Street)

Lots and Yard Requirements and Standards for On Highway Oriented Buildings

Planned Multi-Lot Commercial

Development

Commercial

Planned Multi-Lot

Residential

Development

Residential

Minimum front YARD setback

50 feet

50 feet

50 feet

50 feet

Minimum LOT size

8,000 square feet

30,000 square feet

8,000 square feet

30,000 square feet

Maximum LOT COVERAGE

70 percent

60 percent

60 percent

60 percent

Minimum side YARD setbacks

0 feet*

25 feet

0 feet*

25 feet

Minimum LOT FRONTAGE

40 feet

75 feet

40 feet

150 feet

Minimum rear YARD setback (from lot line)

10 feet

25 feet

50 feet

50 feet

*Except end buildings which shall have the SIDEYARD setbacks for commercial or residential development.



L.4.b.3. Non-Highway Oriented Buildings and Standards for Off Highway Oriented Buildings

Lots and Yard Requirements and Standards for Off Highway Oriented Buildings

Planned Multi-Lot Commercial

Development

Commercial

Planned Multi-Lot

Residential

Development

Residential

Minimum front YARD setback

15 feet

40 feet

50 feet

50 feet

Minimum LOT size

8,000 square feet

30,000 square feet

8,000 square feet

30,000 square feet

Maximum LOT COVERAGE

80 percent

60 percent

60 percent

60 percent

Minimum side YARD setbacks

0 feet*

25 feet

0 feet*

25 feet

Minimum LOT FRONTAGE

40 feet

100 feet

40 feet

150 feet

Minimum rear YARD setback (from lot line)

10 feet

25 feet

50 feet

50 feet

*Except end buildings which shall have the SIDEYARD setbacks for commercial or residential development.

L.4.b.4. Residential Buildings and AGE RESTRICTIVE HOUSING

(A) Location: AGE RESTRICTED HOUSING shall be configured pursuant to the requirements of section L.7.a. ASSISTED LIVING FACILITIES shall be defined with a property/site limit (boundary).

(B) Landscape Requirements: For each foot of FRONTAGE and each linear foot of private access road, the LOT shall contain 40 square feet of landscaping. This requirement shall not be conditioned to require landscaping of more than 20% of the LOT.

(C) Road and Circulation Requirements. AGE RESTRICTED HOUSING shall have a through access road providing two points of access to those residential buildings from a public way. Such access road shall comply with the Planning Board Rules and Regulations for a residential STREET. Dwellings configured on a cul de sac must comply with the Planning Board Rules and Regulations for subdivision road/drive layout and this road/drive must connect directly to the through road.

(D) Building Height: AGE RESTRICTED HOUSING units shall not exceed two and one half (2 1/2) Stories and shall not exceed a height of 35 feet. ASSISTED LIVING FACILITIES shall not exceed three (3) stories and shall not exceed a height of 45 feet.

(E) AGE RESTRICTED HOUSING developments with 50 or more units shall include a common building or interior space to serve as place of assembly and recreation for residents of the development and their guests.

L.5. Sign Regulations

All signs and advertising devices within the C-6 Residential/Commercial District shall be subject to Section F.9. Sign Regulations of the Zoning Bylaws.

L.6. Parking Requirements

The requirements of Section F.7., Parking, of these zoning bylaw are modified by the following subsections. In the event of a conflict between Section F.7. and any of the following subsections, the following subsections shall control.

L.6.a. Shared Parking. Where the APPLICANT demonstrates to the Planning Board through the Site Plan Approval process that parking spaces on the same side of the STREET within the C-6 District can be utilized by more than one use located within 450 feet, such that vehicles occupying a particular number of spaces are unlikely to require the use of those spaces at the same time of day or the same day of the week, the immediate construction of up to 30% of a parking area may be postponed, provided: (i) adequate land area is reserved for additional parking should it be needed in the future, (ii) the area reserved for future parking is shown on the site plan, (iii) no BUILDING or STRUCTURE may be placed in any area reserved for future parking, (iv) surety or other means of performance assurance in a form and amount acceptable to the Planning Board is given to the Town to ensure that such additional parking area (including drainage and landscaping) will be constructed if needed, and (v) as a condition of postponing such construction, the Planning Board shall review the adequacy of the parking area every three years after endorsement of the site plan, or more frequently upon request of the Zoning Enforcement Officer, and certify that the number of parking spaces provided continues to be sufficient having regard for the actual uses of the site. The Planning Board shall be the determining authority regarding the future need of such parking.

L.6.b. Attribution of Parking. Parking spaces may be considered as a part of the requisite parking allocated to a particular LOT or use, if those spaces are entirely on that LOT or the use of the spaces has been assured by assignment through easement or other legal guaranty on another lot.

L.6.c. Linked Parking. PARKING AREAS of adjacent LOTS shall have reasonable and convenient off-STREET vehicular connections. Where adjacent property has not been developed, provision shall be made for future off-STREET connections with adjacent properties; "reserved" strips of land or other measures which preclude or are designed to prevent such off-STREET connections shall not be permitted.

L.6.d. Residential Parking Requirements. ASSISTED LIVING FACILITY parking shall have one off street parking space per two residential units adjacent to the building plus one space per each four units provided within the shared or attributed parking provisions of the C-6 District. AGE RESTRICTED HOUSING shall have a minimum of two off street spaces per unit.

L.7. Allowed and Special Permit Allowed Regulated Uses in the C-6 District

No BUILDING, STRUCTURE or land in the C-6 District shall be used for any purpose or in any manner other than as set forth in this section. Any use not specifically enumerated herein shall be deemed prohibited.

All residential uses herein permitted shall be subject to Section F.11 Site Plan Approval and Section F.12 Design Review.

L.7.a. Allowed Uses

AGRICULTURAL, GREENHOUSE, Retail Nursery;

ADULT DAY CARE;

AGE RESTRICTED DWELLINGS shall not exceed two bedrooms per dwelling unit and shall not exceed a ratio

of three units per acre on a single lot or an entire PMLD with the following Permitted Dwelling Configurations: (1) Detached one Family dwelling; (2) Attached one-family dwellings in a Town house style building not exceeding six; (6) Dwellings units per building and not exceeding two and one half stories in height.];

ANIMAL HOSPITAL AND CLINIC;

Banks;

Community Gardens;

Dance or Gymnastics School;

Day Care, Family Home;

Exercise/aerobics studio;

Facility for Physical Therapy, Rehabilitation, Health Club, Sports Medicine;

General office where clients or customers are seen, met or dealt with or without appointment; business offices existing other than ancillary to a permitted use;

INDOOR COMMERCIAL RECREATION (operated for profit);

Meeting Rooms or Buildings accessory to AGE RESTRICTED HOUSING;

Municipal, County, State or Federal;

Off-street parking of vehicles as provided for in Section F.7.;

OUTDOOR COMMERCIAL RECREATION operated for profit.

Professional office where patients and clients are seen, such as the office of a physician, psychiatrist, physiotherapist, speech therapist, or other licensed health professionals occupied by practitioners not resident on the premises;

RESTAURANT permitting the take out of prepared food as an accessory use to a RESTAURANT use and occurring only from within the RESTAURANT facility;

Retail Stores or establishments offering primarily retail services;

ROADSIDE STAND selling produce the major part of which is raised on the premises;

Signs as provided for in Section F.8.;

Variety Store.

L.7.b. Special Permit Uses by the Zoning Board of Appeals

ASSISTED LIVING FACILITIES not exceeding a density of 16 bedrooms per acre for single lot or an

entire PMLD with Adult Day Care (drop-in center) as an ancillary use and Meeting Rooms or

Buildings accessory to ASSISTED LIVING FACILITIES;

Dry Cleaning Establishments;

Garaging of commercial vehicles ancillary to an allowed or special permit use;

Licensed INN;

Small wastewater treatment facilities as regulated by the Town Board of Health to serve allowed or special permit uses within the C6 district;

Telecommunications consisting of WIRELESS COMMUNICATIONS FACILITIES limited to the Wireless Communications Overlay District 3 as provided for in Section F.13.

WIRELESS COMMUNICATIONS FACILITY Equipment Building limited to the Wireless Communications Overlay District 3 as provided for in Section F.13.

L.7.c. Prohibited Uses in the C-6 District except as expressly exempt from restriction by Statute.

Aviation Field;

ADULT BUSINESS;

Class 3 Operations or Sales;

COMMERCIAL COMPOSTING;

DRY CLEANING OR POWER LAUNDRY;

Massage Parlors;

Power Generating Plant Generating More than 1500 Kilowatts of Electricity;

Foundation or Cellar Hole for Residence;

Hazardous Waste Treatment Facility;

Noncommercial Riding Stable;

Nonprofit General Acute Care Hospital;

OUTDOOR BUSINESS;

Outdoor Commercial Vehicle Storage;

SCRAP YARDS;

Truck Terminal or Motor Freight Station.































By amending Section C.1.a. by striking "Health Maintenance and Professional Office" and "HM & PO" and inserting in place thereof "Commercial-6" "C-6" so that the Types of Districts will read as follows:

C.1. Types of Districts

C.1.a. For the purposes of this bylaw, the Town of Norfolk is hereby divided into the following use districts:

Residence R-1

Residence R-2

Residence R-3

Business-1 B-1

Business-2 through Business-4 B-2/B-4

Commercial-1 C-1

Commercial-2 through Commercial-5 C-2/C-5

Commercial-6 C-6

By amending Section D.1.e.2 by deleting "HM & PO" as it appears therein so that D.1.e.2. will read as follows:

D.1.e.2. In the B2-B4 Districts, no BUILDING or STRUCTURE shall be located less than 50 feet from a Residential District. In the C2, C3 and C5 Districts, no BUILDING or STRUCTURE shall be located less than 150 feet from a Residential District. In the B2-B4, C2, C3 and C5 Districts, no use (including PARKING AREAS, driveways, vehicle circulation areas or other vehicle access ways) shall be located less than 50 feet from a Residential District.

By amending Section D.1.e.3 by deleting "HM & PO"as it appears therein so that D.1.e.3. will read as follows:

D.1.e.3. In the B2-B4 Districts, a green belt shall be provided on any LOT that abuts a Residential District should any use on said LOT (including any BUILDINGS, STRUCTURES, driveways, PARKING AREAS, vehicle circulation areas or other vehicle access ways) be located less than 100 feet from the Residential District. In the C2, C3 and C5 Districts, a green belt shall be provided on any LOT that abuts a Residential District. Such green belt shall:

D.1.e.3.a. Be located on the non-residential LOT along the shared property line.

D.1.e.3.b. Have a minimum depth from the shared property line of 30 feet.

D.1.e.3.c. Be used for no purpose other than planting and/or sidewalks.

D.1.e.3.d. Constitute a screen of evergreen trees and/or shrubs not more than 15 feet apart planted in two or more staggered rows. The distance between each row shall not be more than 10 feet. Plants shall be no less than 6 feet in height at the time of planting and shall be continuously maintained.

In those circumstances where an effective screen of existing plantings already provides an appropriate buffer, the Planning Board has the discretion, during the Site Plan Approval process, to waive strict compliance with Section D.1.e.3., provided that the intent of Section D.1.e.3. is met. If such a waiver is granted, the Planning Board shall, in its Site Plan Approval, require that the green belt be maintained and replanted where necessary to provide an effective screen throughout the life of the site and the STRUCTURE.



By amending Section D.2. SCHEDULE OF USE REGULATIONS by deleting the column entitled "HM & PO" and replacing it with a column entitled "C-6****" with no uses noted; and by adding at the end of Section D.2. a notation with **** and the phrase "See Section L". Section D.2 shall then read as follows:



D.2. SCHEDULE OF USE REGULATIONS





DISTRICTS





R

B1

*

B2-

B4

C1

**

C2/

C3/C5

C4

***

C6

****

D.2.a. Public and Semi-Public Uses

























D.2.a.1. Religious

Yes





Yes



Yes







D.2.a.2. Municipal, County, State or Federal

SP





Yes



Yes







D.2.a.3. Public Educational

Yes



Yes



Yes







D.2.a.4. Cemetery

SP





SP



SP







D.2.a.5. Private Club not conducted for profit

SP





Yes



SP







D.2.a.6. Non-profit general acute care hospital including facilities for the evaluation and treatment of acutely ill alcoholic or drug dependent patients and for persons suffering from mental illness who do not appear to be dangerous to others at the time of admission in the opinion of the attending physician

No





SP



No







D.2.a.7. Other hospitals, convalescent home, sanitarium, camp

No





SP



No







D.2.a.8. Day care nursery

SP





SP



No







D.2.a.9. NURSING HOME, HOSPICE, RESPITE FACILITY, life care center, PHYSICAL THERAPY AND REHABILITATION FACILITY, HEALTH CLUB, SPORTS MEDICINE FACILITY, ASSISTED LIVING FACILITY

No





SP



No







D.2.a.10. Facility for the evaluation, treatment and counseling of persons suffering from alcoholism, drug dependence or mental illness who do not require general hospital admission

No





No



No







D.2.a.11. Schools of nursing, laboratory technician skills, physiotherapy with dormitory facilities ancillary thereto

No





No



No







D.2.a.12. Office or meeting room of a non-profit service organization

No





Yes



No





D.2.b.1. Telephone exchange, transformer station, transmission lines, substation, pumping station, or other public utility

SP





SP



SP







D.2.b.3.Aviation field

No





No



No

















R

B1

*

B2-

B4

C1

**

C2/

C3/

C5

C4

***

C6

****

D2.b.4. Power generating plant generating more than 1500 kilowatts of electricity

No



No



No



D.2.b.5. WIRELESS COMMUNICATIONS FACILITY limited to Wireless Communications Overlay District 1 and Wireless Communications Overlay District 3 and as provided in Section F.13.



SP





SP





No





D.2.c. Residential Uses

























D.2.c.1. SINGLE FAMILY DWELLING

Yes





SP



No







D.2.c.2. Conversion of a SINGLE FAMILY DWELLING, in existence at the time of bylaw adoption, to a two FAMILY DWELLING

SP





SP



No









D.2.c.3 HOME OCCUPATION

Yes



Yes



Yes





D.2.c.4. The use of a portion of a DWELLING or a BUILDING accessory thereto by a resident builder, carpenter, painter, plumber, or other artisan, or by a resident tree surgeon or landscape gardener for incidental work and storage in connection with his off-premises occupation. Subject to the same conditions and limitations as are specified above for HOME OCCUPATIONS.

Yes





Yes



No







D.2.c.5. Renting of rooms to not more than 4 persons and furnishing of table board to not more than 5 persons

Yes





Yes



No







D.2.c.6. Use of trailers, buses and mobile units for residence in excess of 30 days

No





No



No







D.2.c.7. Foundation or cellar hole for residence

No





No



No







D.2.c.8. DAYCARE, FAMILY HOME

Yes





Yes



Yes







D.2.c.9. Conversion of SINGLE FAMILY DWELLINGS

SP





SP



SP







D.2.d. Agricultural Uses

























D.2.d.1. AGRICULTURAL, GREENHOUSE or nursery

Yes





Yes



Yes







D.2.d.2. ROADSIDE STAND selling produce the major part of which is raised on the premises

Yes





Yes



Yes



























DISTRICTS



R

B1

*

B2-

B4

C1

**

C2/

C3/

C5

C4

***

C6

****

D.2.d.3. Poultry or stock raising except that the number of swine shall be limited to not more than 5



Yes

No

No



D.2.d.4. Noncommercial riding stable

Yes



Yes

No





D.2.b.5. Kennel (4 or more dogs)

SP



SP



No





D.2.b.6 Animal Hospital

No



SP



No





D.2.e. Commercial Uses















D.2.e.1 RESTAURANT

No



Yes



No





D.2.e.2. RESTAURANT, FAST FOOD

No





No



No







D.2.e.3. RESTAURANT, TAKE OUT

No





No



No







D.2.e.7. Newspaper or JOB PRINTING

No





Yes



SP







D.2.e.8. Retail store

No



Yes



SP







D.2.e.9. Wholesale store

No





SP



SP







D.2.e.10. Garaging of more than one commercial vehicle

No





Yes



SP







D.2.e.11. Garaging of more than three commercial vehicles

No





SP



SP







D.2.e.12. Parking of house trailers or MOBILE HOMES nearer to the STREET than the main BUILDING

No





SP



SP







D.2.e.13. Professional office where patients or clients are seen by appointment, such as the office of a physician, psychiatrist, physiotherapist, speech therapist, or other licensed health professionals occupied by practitioners not resident on the premises

No





Yes



SP







D.2.e.14. General office where clients or customers are seen, met or dealt with or without appointment; business offices existing other than as ancillary to a permitted use; banks

No





Yes



SP





D.2.e.15. Truck terminal or motor freight station





No





No



No













DISTRICTS







R

B1

*

B2-

B4

C1

**

C2/

C3/

C5

C4

***

C6

****



D.2.e.16. SHOPPING MALL where the ground area covered by the BUILDINGS exceeds fifteen thousand (15,000) sq. ft.



No







SP





SP







D.2.e.17. Hazardous waste treatment facility

No





No



No







D.2.e.19. Exercise/aerobics studio

No





Yes



SP





D.2.e.20. Dance or Gymnastics School

No



Yes

SP





D.2.e.21. Any of the following service establishments dealing directly with the consumer: Beauty salon, barber shop, COLLECTION CENTER FOR DRY CLEANING AND POWER LAUNDRY, dressmaker or tailor, shoe repair shop, clothing rental establishment, household appliance repair, typewriter or computer repair shop

No





Yes



No







D.2.3.22. DRY CLEANING OR POWER LAUNDRY

No



No



No





D.2.e.23. CHILD CARE FACILITY

Yes





Yes



Yes







D.2.e.24. ADULT BUSINESS

No





No



No







D.2.e.25. LIMITED USED MOTOR VEHICLE SALES

No





Yes



Yes







D.2.f. Manufacturing Uses

























D.2.f.1. MANUFACTURING

No





No



Yes







D.2.g. Miscellaneous Uses

























D.2.g.1. Off-STREET parking of vehicles as provided for in Section F.7.

Yes





Yes



Yes







D.2.g.2. SIGNS as provided for in Section F.9.

Yes





Yes



Yes







D.2.g.3. Golf course (excluding miniature golf)

SP





SP



SP







D.2.g.4. DRIVE UP WINDOWS

No





SP



SP







D.2.g.5. SCOREBOARD

SP





SP



SP







By amending Section E.1.b. Schedule of Dimensional Requirements by deleting the row entitled "HM & PO" so that the Schedule of Dimensional Requirements will now read as follows:

E.1.b. Schedule of Dimensional Requirements



District

Minimum Lot Size (sq. ft.)

Minimum Frontage (in feet)

Required Circle

(in feet)

Minimum

Yard Setback

(in feet)

Maximum Lot Coverage**

Maximum

Building

Height

















Front

Side

Rear



Stories

Ft

Residence 1

30,000

150

150

50

25

25

25%

2-1/2

35

Residence 2

43,560

200

200

50

25

25

25%

2-1/2

35

Residence 3

55,000

200

200

50

25

25

25%

2-1/2

35

Business 2-4

30,000

150





25

25

25

30%*





40

Commercial

2, 3, 5

30,000

150





50

25

25

30%*





40

* 60% when PARKING AREAS are included.

** Including ACCESSORY BUILDINGS

By amending Section F.7.b Schedule of Minimum Off-Street Parking Requirements to add "Meeting Rooms or Buildings accessory to AGE RESTRICTED HOUSING so that Section F.7.b. will now read as follows:



F.7.b. Schedule of Minimum Off-Street Parking Requirements

Permitted Use

Minimum Number of Spaces*

F.7.b.1. SINGLE FAMILY DWELLING

2 per unit

F.7.b.2. Elderly housing

1 per unit

F.7.b.2.a. ASSISTED LIVING FACILITIES

1 per two residential units adjacent to the BUILDING plus one space per four units provided within the shared or attributed parking space provisions of the District

F.7.b.3. NURSING HOME, other inpatient health care facility

1 per 4 beds

F.7.b.4. Hospital, other mixed out and in patient health care facility

2 per bed

F.7.b.5. Religious

1 per 150 sq. ft. USABLE FLOOR AREA or 1 per 3 seats, whichever is greater

F.7.b.6. Libraries, museums, and other non-recreational floor space public facilities

1 per 200 sq. ft. USABLE FLOOR AREA

F.7.b.7. Theaters, auditoriums, gymnasiums, meeting halls, and other places of assembly based on Massachusetts State Building Code

1 per 3 persons capacity

F.7.b.8. Athletic fields, stadiums, etc.

1 per 6 linear ft. of bench seating or 1 per 4 seats

F.7.b.9. Day Care nurseries, nursery schools

1 per 5 children the facility is licensed to serve

F.7.b.10. Elementary and junior high school

2 per classroom

F.7.b.11. Senior high school

4 per classroom plus those required for the largest place of assembly (gymnasium or auditorium)

F.7.b.12. Retail, service, or mercantile establishment

1 per 150 sq. ft. USABLE FLOOR AREA

F.7.b.13. Professional office or general office

1 per 150 sq. ft. USABLE FLOOR AREA

F.7.b.14. Motel, hotel, inn, lodging, or boarding house

5 per 4 units

F.7.b.15. Restaurants

1 per 100 sq. ft. usable floor area or 1 per 3 persons capacity, based on Mass. State Building Code, whichever is greater

F.7.b.16. Automotive service garages

3 per bay

F.7.b.17. Automotive retail, retail nurseries, greenhouses, and any use with large outdoor display areas

1 per 150 sq. ft. usable inside floor area plus 1 per 750 sq. ft. outdoor display area

F.7.b.18. Space in a MANUFACTURING, retail, professional or general office that is specifically allocated for storage and/or shipping/receiving

1 per 500 sq. ft. usable floor area

F.7.b.19. Office space accessory to an industrial use area

1 per 200 usable floor area

F.7.b.20. Other uses - Parking spaces adequate to accommodate the vehicles of occupants, employees, members, customers, clients, and visitors to the premises shall be provided

1 per 50 sq. ft. usable floor area or a lesser number by Special Permit from the Zoning Board of Appeals

F.7.b.21 Meeting rooms or buildings accessory to AGE RESTRICTED HOUSING

1 per 300 sq. ft. usable floor area



By amending Section F.7.e. by adding "Commercial 6" district so that the section now reads:

F.7.e. In the Business 1 through Business 4 and Commercial 1 through Commercial 6 districts, PARKING AREAS shall be located in the rear YARD or side YARD of STRUCTURES and not in the front YARD of such STRUCTURES, unless otherwise authorized by Special Permit issued by the Zoning Board of Appeals.

By amending Section F.9.b. Schedule of Sign Regulations by deleting "HM & PO" and revising the column entitled "C1.- C5 to read C1 - C6 so that the Schedule of Sign Regulations will read as follows:

F.9.b. Schedule of Sign Regulations







DISTRICTS

F.9.b. Schedule of Sign Regulations

R


B1-B4

C1-C6

F.9.b.1. On premises signs or advertising devices:













F.9.b.1.a. Name Plate

One SIGN for each FAMILY residing on the premises indicating the name of the owner or occupant or pertaining to a permitted ACCESSORY USE, provided that each SIGN does not exceed 2 sq. ft. in area. (Restrictions relating to free standing SIGNS do not apply to this type of SIGN.)

Yes

Yes

Yes

F.9.b.1.b. Announcement

One SIGN not exceeding 8 sq. ft. in area per side in a residential district or 12 sq. ft. per side in all other districts for each of the following purposes:













F.9.b.1.b.1. Advertisement for the sale, rental or lease of the building or premises. Such SIGNS shall be removed not later than seven (7) days following the sale (date of closing) or rental of the subject property

Yes

Yes

Yes

F.9.b.1.b.2. Advertisement for a building contractor only while construction is occurring on the site

Yes

Yes

Yes

F.9.b.1.c. Advertising













F.9.b.1.c.1. One wall SIGN not to exceed 8 sq. ft. or one freestanding SIGN not to exceed 8 sq. ft. in area per side located on property whose primary use is for AGRICULTURAL purposes. Said sign shall be used for advertisement of AGRICULTURAL produces of produce. If located in a residential zone signs are not to be illuminated.

Yes

Yes

Yes

F.9.b.1.c.2. One wall SIGN for each separate and distinct establishment advertising the goods or services rendered on the premises not exceeding 12 sq. feet in area

No

Yes

Yes

F.9.b.1.c.3. One window SIGN.



No

SP

SP

F.9.b.1.c.4. One freestanding SIGN on the ground for each separate BUILDING, housing one or more establishments, not exceeding 12 sq. ft. in area per side.

No

Yes

Yes

F.9.b.1.c.5. Wherever a premises has a separate entrance fronting onto a second public way, one additional freestanding SIGN meeting the same criteria

No

SP

SP

F.9.b.1.c.6. A residential subdivision shall be permitted one freestanding SIGN bearing the name of the subdivision and not exceeding 8 sq. ft. per side.

SP

No

No

F.9.b.1.c.7. A non-residential subdivision shall be permitted one freestanding SIGN not exceeding 12 sq. ft. per side.

No

SP

SP

F.9.b.2. Off- premises SIGNS or advertising devices provided a permit has been granted by the Outdoor Advertising Authority in accordance with Section 29 through 33, Chapter 93 of the General Laws and such permit is valid and outstanding.

No

SP

SP



By amending Section F.12.c.1. by deleting the phrase "Health Maintenance and Professional Office" and changing the phrase "Commercial 1 through Commercial 5" to read "Commercial 1 through Commercial 6" so the section reads as follows:

F.12.c.1. Exterior actions requiring a Building Permit

All new STRUCTURES, ALTERATIONS, or additions to existing STRUCTURES, changes in outdoor land use or changes in site design which require a building permit and which affect the exterior architectural appearance of a BUILDING shall be subject to review by the Design Review board, provided that the action occurs on land which is located in the Business 1 through Business 4, or Commercial 1 through Commercial 6 zoning district and is used for non-residential purposes or non-conforming uses in Residential 1-3 Districts.

By amending Section F.13. Overlay District 3 and replacing it with a new section to read as follows:

F.13. WIRELESS COMMUNICATIONS FACILITY(S).

Wireless Communications Overlay District 3. This district shall include all land within the C-6 (Residential/Commercial Use) District limited to Assessors Maps 26 and 27, Block 80, Lot 3 within 300 feet of the Walpole Town Line.



By amending Section H.1.b. by changing the phrase "Commercial 1 through Commercial 5" to read "Commercial 1 through Commercial 6" and by deleting the phrase "or health maintenance and professional offices" so that the section will read as follows:

H.1.b. Special Permit Guidelines

Before granting special permits to increase the Maximum LOT COVERAGE intensity of use for a business in Commercial 1 through Commercial 6 zones, the PERMIT GRANTING AUTHORITY shall find that in its judgment all the conditions specified in G.6.c.1.-7 are met.

By amending Section H.1.c.2 by changing the phrase "Commercial 1 through Commercial 5" to read "Commercial 1 through Commercial 6" and by deleting the phrase "or health maintenance and professional office zone" so that the section reads as follows:

H.1.c.2. Incentive contributions - If the PERMIT GRANTING AUTHORITY grants a Special Permit for an increase in the Maximum LOT COVERAGE intensity of use in a Business or Commercial 1 through Commercial 6 zone, said Authority shall require the APPLICANT to make a contribution into a Traffic Safety and Infrastructure Fund ("Fund"). The rate of contribution shall be three dollars per square foot of GROSS FLOOR AREA of a BUILDING whose primary use shall be for office or retail space; and the rate of contribution shall be one dollar per square foot of GROSS FLOOR AREA of a BUILDING whose primary use will be for industrial, MANUFACTURING, warehousing, product and material distribution or similar purposes. The primary use of a BUILDING or BUILDINGS, for the purpose of this Section, shall be deemed to be office or retail use where the total square foot floor area used for office or retail purposes, considered either individually or where both uses are added together, constitutes more than twenty percent (20%) of the entire gross square foot area of the BUILDING or BUILDINGS in questions. Otherwise the primary use of the BUILDING or BUILDINGS shall be deemed for a use other than office or retail, and the rate of contribution shall be one dollar per square foot of gross square foot area.

By amending Section H.1.c.6. by changing the phrase "Commercial 1 through Commercial 5" to read "and Commercial 1 through Commercial 6" and also deleting the phrase "or health maintenance and professional office zone" so that the section reads as follows:

H.1.c.6. Escrow Pending Fund Creation - If said Traffic Safety and Infrastructure Maintenance Fund has not been authorized or created at the time any payment under this Section becomes due, the APPLICANT shall make the payment to the town of Norfolk. The Town of Norfolk shall place any payments received, on account of said Traffic Safety and Infrastructure Maintenance Fund, into an escrow account to be held therein for the benefit of said Fund, until such time as the said Fund is established. Any monies being held in escrow pursuant to this Section shall forthwith be transferred to said Fund.

Said monies shall be paid by all APPLICANTS seeking a special permit for Maximum LOT COVERAGE increased intensity of use in Business 1 through Business 4 and Commercial 1 through Commercial 6 zones.

Furthermore, all contributions shall be paid in full before the granting of an occupancy permit.



or to take any other action relative thereto.

ARTICLE 50. Submitted by Personnel Board

To see if the Town will vote to add to the Town of Norfolk Personnel Bylaws a new section entitled WORK AT HOME as follows:

WORK AT HOME

1.0 Application

This policy applies to all employees under the Town Personnel Bylaw.

2.0 Policy

The Town believes that employees should perform their work at their Town Work Site. It is the Town's policy not to allow at-home work. If an employee cannot perform his/her duties at the Town Work Site, written authorization is required in advance by the employee's supervisor and the Personnel Board. Once approved, at-home work must be separately noted on an employee's time sheet, including days and hours worked. A copy of the authorization will be on file in the Finance Department;

or take any other action relative thereto.

ARTICLE 51. Submitted by Board of Selectmen

To see if the Town will vote to amend the Town of Norfolk General Bylaw by adding a new section, Section 8, to Article III, Committees, of the General Bylaw as follows:

Section 8 Community Preservation Committee

(f) Establishment of Committee; Purpose: A Community Preservation Committee is hereby established pursuant to Section 5 of Chapter 44B of the Massachusetts General Laws, as authorized by Chapter 267 of the Acts of 2000, whose purpose is to make recommendations to the Town Meeting for community preservation.

(g) Definitions: The terms used herein and not otherwise defined shall be given the definitions set forth in Sections 1 and 2 of the Massachusetts Community Preservation Act.

(h) Membership and Appointment:

a. The Community Preservation Committee shall consist of nine (9) appointed members.

b. The nine members of the Community Preservation Committee shall consist of the following members:

i. One member of the Conservation Commission established under Section 8C of Chapter 40 as designated by the Commission;

ii. One member of the Historical Commission established under Section 8D of Chapter 40 as designated by such commission;

iii. One member of the Planning Board established under Section 81A of Chapter 41 as designated by such board;

iv. One member of the Recreation Commission established under Section 2 of Chapter 45 as designated by such commission;

v. One member of the Housing Authority established under Section 3 of Chapter 121B as designated by such authority;

vi. Four citizens appointed by the Board of Selectmen.

c. The four citizens appointed by the Board of Selectmen pursuant to Section (c)b.vi. herein shall be chosen one from each of the four precincts.

d. The Director of Municipal Finance shall be an Ex Officio, Non Voting member of the Community Preservation Committee.

(i) Term of appointment:

a. The terms of the Community Preservation Committee members appointed by the Conservation Commission, Historical Commission, Planning Board, Recreation Commission and Housing Authority as provided in Sections (c)b.i. through v. shall be for one (1) year, and such boards and commissions shall appoint their respective designee annually

b. The terms of the Community Preservation Committee members appointed by the Board of Selectmen as provided in Section (c)b.vi. shall be for three (3) years, except for the first appointments made pursuant to this bylaw, in which case two appointments shall be two (2) year appointments and two appointments shall be three (3) year appointments

c. The members of the Community Preservation Committee may be reappointed for as many terms as authorized by the appointing authority.

d. All appointments become effective upon being duly sworn in by the Town Clerk.

(j) Powers and Duties: The Community Preservation Committee shall have all of the powers and duties intended for such committees as set forth in Section 5 of the Massachusetts Community Preservation Act, which includes, among others, the following

a. To make recommendations (including anticipated cost information) to Town Meeting for the acquisition, creation and preservation of open space including land for recreational use; for the acquisition and preservation of historic resources; and for the creation, preservation and support of community housing;

b. To submit an annual administrative and operating budget for the Community Preservation Committee, which cannot exceed five percent (5%) of the annual revenues in the Community Preservation Fund, to Town Meeting for approval;

c. To establish rules and regulations for its operation, election of officers, conduct of public hearings and performance of any and all other administrative acts as are within the scope and intent of the Massachusetts Community Preservation Act or this bylaw, as necessary to accomplish the purposes of the Massachusetts Community Preservation Act and this bylaw;

As provided in the Massachusetts Community Preservation Act, no expenditures shall be made from the Community Preservation Fund without the approval of Town Meeting;

or take any action relative thereto.

ARTICLE 52. Submitted by Highway Superintendent

To see if the Town will vote to abandon the cul-de-sac portion of land on Ferndale Avenue, beyond the Town of Norfolk recorded street layout, as shown on sheets 2 and 3 of Plan 369 of 1962, recorded in plan book 212 at the Norfolk County Registry of Deeds; the abandoned cul-de-sac sections beyond the recorded town way will be granted to the owner of the property identified as lot 20, on Assessors Map 15, Block 35. A plan of this land is on file in the office of the Town Clerk; or take any other action relative thereto.

ARTICLE 53. Submitted by Highway Superintendent

To see if the Town will vote to accept as a public way and to accept all easements related thereto, Liberty Lane formerly known as a portion of North Street, as approved by the Board of Selectmen in accordance with a plan drawn by Coler & Colantonio Engineers of Norwell, Massachusetts, a copy of which is on file in the Office of the Town Clerk; or take any action relative thereto.

ARTICLE 54. Submitted by Highway Superintendent

To see if the Town will vote to accept as a public way and to accept all easements related thereto, Independence Drive, formerly known as North Street Connector, as approved by the Board of Selectmen in accordance with a plan drawn by Coler & Colantonio Engineers of Norwell, Massachusetts, a copy of which is on file in the Office of the Town Clerk; or take any action relative thereto.

ARTICLE 55. Submitted by Board of Selectmen

To see if the Town will vote to require all plans for all municipal and school structures and facilities be reviewed by the ADA Compliance Committee prior to final approval by any other board or committee for recommendations. The ADA Compliance Committee shall have thirty (30) calendar days from receipt of the plans to make recommendations, or state its approval. Recommendations by the ADA Compliance Committee will be non-binding, but will become a matter of record; or take any other action relative thereto.

ARTICLE 56. Submitted by Board of Selectmen

To see if the Town will vote to authorize the Board of Selectmen to advertise in a local newspaper and sell at public sale from time to time, as it may deem in the best interest of the Town, any and all lands or portions thereof which the Town has acquired or may acquire as Tax Title land, so called, such sales to be made on behalf of the inhabitants of the Town of Norfolk, and to authorize the Selectmen to expend from the proceeds of such sale the necessary costs of recording fees, documentary stamps, and auctioneer's fees, if required; or take any other action relative thereto.

ARTICLE 57. Submitted by Board of Selectmen

To see if the Town will vote to grant the Board of Selectmen permission to sell surplus property of the Town, exclusive of buildings and land, no longer needed by the Town; or take any other action relative thereto.

ARTICLE 58. Submitted by Board of Selectmen

To see if the Town will vote to raise and appropriate, transfer from any source of available funds, or otherwise provide for the Stabilization Fund pursuant to Massachusetts General Laws, Chapter 40, Section 5B; or take any other action relative thereto.



















































Hereof, fail not, but make due return of this warrant, with your doings thereon to the Town Clerk, on or before the hour of said meeting. Given under our hands and seal of the Town of Norfolk on the 19th day of March, 2001, A.D.

NORFOLK BOARD OF SELECTMEN



Joyce E. Terrio, Chairman





John J. McFeeley, Clerk





R. William Perron, Member







A true copy, attest:

Town of Norfolk

Norfolk, ss

By virtue of this Warrant, I have notified and warned the legal voters of the Town of Norfolk aforesaid to meet at the time and place and for the purposes specified in said Warrant, by posting true and attested copies thereof in the Town Hall, and in at least one public place in each of the three precincts, not less than seven (7) days at least before the date of said meeting.



_______________________________________

Constable

_______________________________________

Date