COMMONWEALTH OF MASSACHUSETTS
TOWN OF HUNTINGTON
7:30 p.m.
HAMPSHIRE COUNCIL OF
GOVERNMENTS, ss:
TO EITHER OF THE CONSTABLES OF THE TOWN OF HUNTINGTON, IN SAID HAMPSHIRE COUNCIL OF GOVERNMENTS, GREETING:
IN
THE NAME OF THE COMMONWEALTH OF MASSACHUSETTS, you are hereby directed to
notify and warn the inhabitants of said Town, qualified to vote in elections
and in Town affairs, to meet at Stanton Hall in said Huntington, on Monday; May
7, 2007 at 7:30 p.m., then and there to act on the following articles:
ARTICLE 2: To
empower the Selectboard to choose such Town Officers as are not required by law
or vote of the Town to be chosen by ballot; or take any other action relative
thereto.
ARTICLE 3: To
accept the reports of the Town Clerk, Town Treasurer, Selectboard, Library
Trustees, Trustees of the Whiting Street Fund, Finance Committee, Trustees of
the Alphonse P. Pettis Fund, Assessor of Taxes, Town Accountant, and any other
Town Officers or Committees to report and act thereon; or take any other action
relative thereto.
ARTICLE 4: To
see if the Town will vote to authorize the Selectboard to prosecute and defend
matters in which the Town has an interest, or to appear in favor or opposed to
matters involving the Town’s interest and employ counsel; or take any other
action relative thereto.
ARTICLE 5: To
see if the Town will authorize the Treasurer, with the approval of the
Selectboard, to sell and convey by public auction in accordance with Section 77B
of Chapter 60 of the General Laws, all parcels of real estate which the Town
has acquired or may acquire, either by foreclosure of Tax Title in Land Court
or by the procedure under Section 80 of Chapter 60 of the General Laws
pertaining to lands of low value; or take any other action relative thereto.
ARTICLE 6: To
see if the Town will vote to authorize the Selectboard to apply for
Massachusetts Small Cities Program or other federal or state monies and to
expend any monies received as set forth in the appropriate grant application
following public hearing;
or take any other action
relative thereto.
ARTICLE 7: To see if the Town will vote to authorize the
Selectboard to enter into contracts with the Massachusetts Highway Department
for construction and/or maintenance of public highways for the Fiscal Year 2008
and further authorize the Selectboard, on behalf of the Town, to accept any
money from the Commonwealth of Massachusetts for highway construction and/or
maintenance; or take any other action relative thereto.
ARTICLE 8: To see if the Town will vote to
transfer from Free Cash to Highway Building & Equipment Account
(#015422-004) the sum of $10,000.00 for repair of the Salt Shed front portico;
or take any other action relative thereto.
ARTICLE 9: To see if the Town will vote to transfer from Free Cash
toward the cost of the Highway Department 2007 Freightliner Dump Truck the sum
of $25,000.00; or take any other action relative thereto.
ARTICLE 10: To see if the Town will vote to raise and appropriate, borrow or
transfer from available funds such sums of money as may be necessary to defray
expenses estimated for the ensuing fiscal year commencing July 1, 2007. Voters will designate line items to be voted
separately; or take any other action relative thereto.
ARTICLE 11: To see if the Town will vote to raise and appropriate or
transfer from unappropriated funds in the Treasury, the sum of $1,099,411.00
for Huntington’s minimum contribution, as determined by the Commonwealth of
Massachusetts, for the Gateway Regional School District for the period of
July 1, 2007 through June 30, 2008 or accept a
lesser amount than $1,099,411.00 as certified by the Commonwealth of
Massachusetts; or take any other action relative thereto.
ARTICLE 12: To see if the Town will vote to raise and appropriate or
transfer from unappropriated funds in the Treasury, the sum of $354,262.00 for
Huntington’s share of the transportation and debt services expenses for the
Gateway Regional School District for the period of July 1, 2007 through June
30, 2008; or take any other action relative thereto.
ARTICLE 13: To see if the Town will vote to raise and appropriate or
transfer from unappropriated funds in the Treasury, the sum of $690,243.00 for
Huntington’s share of the over-minimum contribution to the budget for Gateway
Regional School District for the period of July 1, 2007 through June 30, 2008;
which sum shall be contingent upon approval by voters of an override of
Proposition 2-1/2 by the sum of $250,000.00; or take any other action relative
thereto.
ARTICLE 14: To see if the Town will vote to raise and appropriate or
transfer from unappropriated funds in the Treasury, the sum of $367,575.00 for
Huntington’s costs for Vocational Tuition for the period of July 1, 2007 through
June 30, 2008; or take any other action relative thereto.
ARTICLE 15: To see if the Town will vote to raise and appropriate or
transfer from unappropriated funds in the Treasury, the sum of $50,000.00 for
Huntington’s costs for Vocational Transportation for the period of July 1, 2007
through
June 30, 2008; or take any other action relative
thereto.
ARTICLE
16: To see if the Town will vote to
accept the establishment of a
stabilization fund pursuant to the provisions of M.G.L.,
c.71,
s16G ½ for the Gateway Regional School District; or
take any other action relative thereto.
EXPLANATION: The
stabilization fund would be used to accrue money for the purposes of completing
extraordinary maintenance items (i.e., fixing the leak in the High School gymnasium
entrance or recoating the Middle School Roof) or for completing capital
improvement projects (such as hooking up the emergency generators at the
schools).
The establishment of this stabilization fund would not incur any
automatic cost because, in order to deposit funds into the account, they must
be voted on each year by a majority of the towns as part of the yearly budget
appropriation.
ARTICLE 17: To
see if the Town will vote to amend Section IV L of the Huntington Zoning Bylaw
(AQUIFER PROTECTION DISTRICT (RESIDENTIAL ADP) by deleting paragraph number 2
and replacing it with the following; or take any other action relative thereto:
The Aquifer Protection District is herein
established to include all lands within
the Town of Huntington, lying within
delineated Zone II areas of public water supply
wells and designated Interim Wellhead
Protection Areas for all public water supplies
which now or may in the future provide
public water supply for town residents.
The
map entitled, “Aquifer Protection
District”, Town of Huntington, prepared by Pioneer
Valley Planning Commission March 2001, on
file with the Town Clerk, delineates the
boundaries of the district.
The
Aquifer Protection District (as amended by a vote of the 2007 Annual Town
Meeting) additionally includes all lands within the Town of Huntington, lying
within the watershed of the Manhan River.
The map entitled “Manhan River Watershed District”, prepared by the Water
Department of the City of Holyoke and Tighe & Bond Engineers, on file with
the Town Clerk, delineates the boundaries of this portion of said Aquifer
Protection District. The Manhan River
Watershed District includes the easternmost portion of the Town lying between
the corporate boundary separating Huntington from Westhampton and Southampton
on the east and a line extending from the southern boundary to the northern
boundary, approximately coinciding with Sampson, Tucker and Pisgah Roads on the
west. The Manhan River Watershed
District shall constitute an addition to, and not a substitute for, the
previously delineated Aquifer Protection District.
ARTICLE
18: To see if the Town will vote to amend
Section IV N of the Huntington Zoning Bylaw (Open Space Communities), by
deleting the existing section and replacing it with the following and to Amend
Appendix A, Table of Dimensional Requirements as provided below; or take any
other action relative thereto:
SECTION
IV N: CONTEXT-SENSITIVE DEVELOPMENTS
(Formerly
known as OPEN SPACE COMMUNITIES.
(adopted 5/9/88, amended 5/7/07))
1.
General
Description and Purposes: A context-sensitive development (henceforth “CSD”) is
a single-family residential development which may be allowed under this
section. The primary purpose of this
section is to retain the traditional rural character of the Town by allowing
creative design that takes into account the characteristics of the surrounding
neighborhood and preserves and enhances those characteristics. The secondary purpose is to encourage the
permanent preservation of open space for agricultural, recreational, or
conservation purposes. This section
shall be applied in addition to the Subdivision Rules and Regulations
(henceforth, “the Rules”) of the Town of Huntington for eligible
developments. This section sets out
additional provisions that are intended to be used in conjunction with those in
the Rules to encourage future developers to build residential developments in a
manner that will preserve the rural characteristics associated with the Town of
Huntington. This section, except as
specifically provided herein, may not allow a development that would be
inconsistent with that permitted under the Rules.
2.
Procedures:
These procedures apply to all
applications for approval of a new subdivision under the Rules.
a. A preliminary plan is required for any CSD proposal. The preliminary plan is intended to identify
potential issues prior to the development of the definitive plan, both for the
benefit of the developer and the Planning Board. As described in the Rules, a preliminary plan can be quite
rudimentary, but there should be sufficient documentation (maps, etc.) to make
a preliminary determination of appropriateness of a CSD on the proposed
site. Any determination resulting from
a preliminary plan is subject to change, pending examination of the definitive
plan and subsequent site visits.
b.
A definitive plan for a CSD may, where appropriate to the surrounding
neighborhood, allow for increased housing density. This increase in density may be in the form of reduction in
set-back requirements and/or in frontage requirements. Increased density of a CSD shall not allow
any decrease in combined total acreage for the houses proposed, although it may
allow, under certain circumstances, for a reduction in acreage deeded per house (see subsection 4,
below).
c.
In drawing up a definitive plan for a CSD, the developer should, in
consultation with the Planning Board, determine the local conditions of the
neighborhood in which the proposed development will be located, regarding
frontage and set-back. The Planning
Board may allow relaxation of set-back, frontage or both, and resulting
increased housing density, only if it finds that the proposal meets all the
requirements set forth below and is consistent with the purposes of this
section, as set forth in subsection 1, above.
The burden shall be on the developer to demonstrate that any proposed
increase in density is consistent with the neighborhood or that adherence to
dimensional requirements would be incongruous with the neighborhood. The Planning Board shall require that all dimensional requirements set forth in these
bylaws be adhered to, unless it has
been proven by the developer that the proposal is in harmony with the
surrounding neighborhood and in the best interests of the Town.
d.
The submission requirements for a CSD are the same as for any
subdivision and are detailed in the Rules.
3.
General
Requirements:
a.
Any CSD shall be restricted to single family dwellings, with deed
restrictions placed on each lot prohibiting the right to special permit for a
multi-family dwelling. The right to
apply for a special permit for an AFDU (Accessory Family Dwelling Unit) shall
remain intact.
b.
The total ‘effective area’ of the parcel (prior to subdivision) which is
proposed for the CSD shall be at least 5 acres, and the parcel must be in
single ownership or control at the time of application. If the parcel is not in single ownership,
the owners must designate a single person to act on behalf of all the owners regarding
the CSD development. ‘Effective area’
of the parcel shall mean the total area less the area shown on the definitive
plan as wetland and/or as having a slope of 25% or more.
4.
Open Space
Area:
a.
The applicant may propose that a certain portion of the total parcel be
designated as open space for recreation and conservation, or for agricultural
uses (“the Open Space Area”). With the
approval of the Planning Board, the Open Space Area may be subtracted from the
required area of the proposed residential lots, resulting in smaller lots being
created than would be required in the zoning district in which the proposed CSD
is located. In approving such a plan,
the Planning Board must find that the combined area of the residential lots and
the designated Open Space Area is equal to or greater than the area that is
required in the district for an equivalent number of residential lots under the
Town’s Zoning Bylaw, Appendix A, Table of Dimensional Requirements, and the
Regulations. For example:
Traditional- Ten house lots in R-45
requires 45,000 sq ft X 10 (450,000 sq ft)
CSD in R-45- Ten house lots at an average
of 30,000 sq ft (300,000 sq ft) plus 150,000 sq ft of designated open space =
450,000 sq ft
This reduction in area may be combined
with a reduction in required frontage and/or setback, as long as the Planning
Board finds that the requirements laid out in subsection 2c (above) have been
met. In no case shall the area of any
residential lot be smaller than 25,000 sq. ft.
b.
Except for roads shown on the site plan and common utility facilities
such as piping associated with public water supply or extensions to the Town
sewer system servicing the development thereto, the entire Open Space Area
shall be preserved permanently, in an open or natural state, for recreation,
conservation, or for agricultural uses.
Built features such as swimming pools or tennis courts are prohibited on
open space designated for recreational use.
Other uses and small structures shall be permitted only as accessory to
recreation, conservation, or agriculture.
Further division or subdivision of the Open Space Area shall be
prohibited.
c.
The Open Space Area shall be preserved as such by means of a permanent
conservation or agricultural restriction and conveyed to one of the following:
i.
The
association of homeowners of the lots in the CSD (see the Rules).
ii.
A
non-profit organization such as a land trust, the principal purpose of which is
the conservation or preservation of open space or agricultural land.
iii.
The Town, at no cost to it, and accepted by it for a park or open space
use at a Town Meeting.
d.
If the Open Space Area is not conveyed to the Town, a restriction
enforceable by the Town shall be recorded to ensure that such land be kept in
an open or natural state or for agricultural uses and not developed for
residential use or uses accessory thereto, such as parking or roadways. Such restrictions shall also provide for
maintenance of the Open Space Area in a manner suitable to its use, proper
maintenance of drainage, utilities, appearance, and cleanliness.
And to Amend Appendix A, Table of
Dimensional Requirements, by adding the following to the Notes:
j.
See Sec. IV.N, Context Sensitive Developments.
And, to Amend Appendix A, Table of
Dimensional Requirements, by adding “j” following the word “Dimension” in the
first column.
ARTICLE 19: To see if the Town will vote to adopt the following Right
to Farm By-Law by adding Section 50 to the General By-Laws:
The
purpose and intent of this By-law is to state with emphasis the Right to Farm
accorded to all citizens of the Commonwealth under article 97, of the
Constitution, and all state statutes and regulations thereunder including but
not limited to MA General Laws Chapter 40A, Section 3, Paragraph 1; Chapter 90,
Section 9, Chapter 111, Section 125A and Chapter 128 Section 1A. We the citizens of Huntington restate and
republish these rights pursuant to the Town’s authority conferred by Article 89
of the Articles of Amendment of Massachusetts Constitution (Home Rule).
This
General By-Law encourages the pursuit of agriculture, promotes
agriculture-based economic opportunities, and protects farmlands within the
Town of Huntington by allowing agricultural uses and related activities to
function with minimal conflict with abutters and Town agencies. This By-law shall apply to all
jurisdictional areas within the Town.
The
intent of this by-law is to:
The
word “farm” shall include any parcel or parcels of land, or water bodies used
for the primary purpose of commercial agriculture, or accessory thereto.
Farming in all its branches and the cultivation and
tillage of the soil, including but not limited to the following:
For
the purpose of this by-law “Farming” or Agriculture” may include, but not be limited
to the following activities: