Wilmington Ballot Question Committee - Election 2000

Town of Wilmington - WARRANT ANNUAL TOWN MEETING AND ELECTION

TO: EITHER OF THE CONSTABLES OF THE TOWN OF WILMINGTON:

GREETINGS:

In the name of the Commonwealth of Massachusetts and in the manner prescribed in the By-Laws of said Town, you are hereby directed to notify and warn the inhabitants of the Town qualified to vote in Town affairs to meet and assemble at the West Intermediate School (Precincts 1 and 2), Wildwood School (Precincts 3 and 4) and the Town Hall Auditorium (Precincts 5 and 6), Saturday the fifteenth day of April, A.D. 2000 at 9:45 o�clock in the forenoon, the polls to be opened at 10:00 a.m. and shall be closed at 8:00 p.m. for the election of Town Officers:

�� ARTICLE 1. To bring in your votes on one ballot respectively for the following named offices to wit: One Selectman for the term of Three Years; One Moderator for the term of Three Years; Two Members of the School Committee for the term of Three Years; One Member of the School Committee for the term of Two Years; One Member of the Housing Authority for the Term of Five Years; One Member of the Housing Authority for the Term of One Year; One Member of the Regional Vocational Technical School Committee for the Term of Three Years.

You are also hereby further required and directed to notify and warn the said inhabitants of the Town of Wilmington who are qualified to vote on elections and Town affairs therein to assemble subsequently and meet in the Town Meeting at the High School Gymnasium, Church Street, in said Town of Wilmington on Saturday the Twenty-second day of April, A.D. 2000 at 10:30 a.m., then and there to act on the following articles:

�� ARTICLE 2. To hear reports of Committees and act thereon.

�� ARTICLE 3. To see if the Town will vote to raise and appropriate a sum of money for the purpose of paying unpaid bills of previous years; or do anything in relation thereto.

�� ARTICLE 4. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning July 1, 2000 in accordance with the provisions of General Laws, Chapter 44, Section 4, and to issue a note or notes therefor, payable within one year, and to renew any notes therefor, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with General Laws, Chapter 44, Section 17; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 5. To see how much money the Town will appropriate for the expenses of the Town and the salaries of several Town Officers and Departments and determine how the same shall be raised, whether by taxation, transfer from available funds, or otherwise; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 6. To see if the Town will vote to raise and appropriate a sum of money for the purchase of new and replacement capital equipment, including but not limited to the following items, and further to authorize the sale or turn in, if any, and for the use of the department so designated and to determine how the same shall be raised, whether by taxation, transfer, borrowing or any combination thereof:

�� (a) Police Department�� - Purchase of five (5) replacement police cruisers.
�� (b) Public Works Department�� -Purchase of one (1) replacement loader/backhoe.
�� (c) Public Works Department
�� - Purchase of one (1) four-wheel drive articulating vehicle with snow blower and rotary mower.

or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 7. To see if the Town will vote to raise and appropriate a sum of money to replace lights at the High School tennis courts with more energy efficient lights and to determine how the same shall be raised, whether by taxation, transfer, borrowing or any combination thereof; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 8. To see if the Town will vote to raise and appropriate a sum of money to install overhead lights at the High School football field with requisite wires and conduit and a control panel for the lighting system and to determine how the same shall be raised, whether by taxation, transfer, borrowing or any combination thereof; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 9. To see if the Town will vote to raise and appropriate a sum of money to replace windows in the stairways at the North and West Intermediate Schools and to determine how the same shall be raised, whether by taxation, transfer, borrowing or any combination thereof; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 10. To see if the Town will vote to raise and appropriate a sum of money to sand, refinish and repaint the gymnasium floor at the High School and the gymnasium floor at the North Intermediate School and to determine how the same shall be raised whether by taxation, transfer, borrowing or any combination thereof; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 11. To see if the Town will vote to raise and appropriate a sum of money to replace a section of roof over classroom areas and over the cafeteria at the Shawsheen School and to determine how the same shall be raised whether by taxation, transfer, borrowing or any combination thereof; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 12. To see if the Town will vote to raise and appropriate a sum of money to install an irrigation (sprinkler) system for the playing fields at the North Intermediate School and to determine how the same shall be raised whether by taxation, transfer, borrowing or any combination thereof; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 13. To see if the Town will vote to raise and appropriate a sum of money to construct a playground at Rotary Park including playground equipment, landscaping, bedding material, access ways and fencing and to determine how the same shall be raised whether by taxation, transfer, borrowing or any combination thereof; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 14. To see if the Town will vote to raise and appropriate a sum of money to supplement Chapter 90 construction funds earmarked for the same purpose, that purpose being to improve the Salem Street and Woburn Street intersection, such improvements to include signalization, geometry improvements, sidewalks, curbing and roadway reconstruction and to determine how the same shall be raised whether by taxation, transfer, borrowing or any combination thereof; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 15. To see if the Town will vote to raise and appropriate a sum of money to install a computerized fuel management system at the Department of Public Works headquarters to include new fuel pumps and a vehicle and operator monitoring system and to determine how the same shall be raised whether by taxation, transfer, borrowing or any combination thereof; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 16. To see if the Town will vote to raise and appropriate a sum of money for the purpose of implementing the second phase of the development of a comprehensive Geographical Information System and to determine how the same shall be raised, whether by taxation, transfer, borrowing or any combination thereof; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 17. To see if the Town will vote to raise and appropriate a sum of money for upgrading the town septage facility and to determine how the same shall be raised, whether by taxation, transfer, borrowing or any combination thereof; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 18. To see if the Town will vote to transfer from available funds in the Fiscal Year 2000 budget, a sum or sums of money for the operation of various Town departments and expenses; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 19. To see if the Town will vote to raise and appropriate a sum of money from available funds for the Department of Public Works, Chapter 90 Construction Fund Account; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 20. To see if the Town will vote to accept as Town ways, the layout of the following described streets, as recommended by the Planning Board and laid out by the Selectmen (M.G.L. Ch. 82 as amended) and shown on Definitive Subdivision plans approved in accordance with the "Rules and Regulations Governing the Subdivision of Land in the Town of Wilmington, Massachusetts," and which plans are recorded at the Middlesex North Registry of Deeds (M.N.R.D.), copies of which are on file in the office of the Town Clerk and to authorize the Selectmen to take by right of eminent domain or accept as a gift such land, slope and drainage or other easements as may be necessary to effect the purpose of this Article, and to determine how an appropriation shall be raised, whether by taxation or by transfer from available funds, by borrowing or otherwise for the purpose of constructing said ways and for the payment of any damages from the taking of land and slope easements and other easements or other related costs therefore:

a. Emerald Avenue - From Andover Street a distance of 400 feet, more or less, westerly through a cul-de-sac, as shown on a definitive subdivision plan entitled Emerald Woods and recorded at the Middlesex North Registry of Deeds, Plan Book 197, Plan 76, on June 22, 1998, and shown on a street acceptance plan prepared by K. J. Miller Co., Inc., dated October 22, 1999. � b. Isabella Way - From West Street a distance of 400 feet, more or less, easterly through a cul-de-sac, as shown on a definitive subdivision plan entitled Foley Farms Estate II and recorded at the Middlesex North Registry of Deeds, Plan Book 199, Plan 51, on January 7, 1999, and as shown on a street acceptance plan prepared by K. J. Miller Co., Inc., dated January 31, 2000. � c. Marion Street - From Marion Street a distance of 1,133 feet, more or less, southeasterly to Marion Street, as shown on a definitive subdivision plan entitled Marion Street III and recorded at the Middlesex North Registry of Deeds, Plan Book 192, Plan 106, on November 7, 1996, and as shown on a street acceptance plan prepared by H-Star Engineering, Inc., dated June 29, 1998, revised August 17, 1998. � d. Nelson Way - From High Street a distance of 800 feet, more or less, westerly through a cul-de-sac, as shown on a definitive subdivision plan entitled Evergreen Estates and recorded at the Middlesex North Registry of Deeds, Plan Book 192, Plan 19, on September 3, 1996, and as shown on a street acceptance plan prepared by Troy, Mede & Associates, dated September 29, 1999. � e. Somerset Place - From Mystic Avenue a distance of 878 feet, more or less, easterly through a cul-de-sac, as shown on a definitive subdivision plan entitled Somerset Estates and recorded at the Middlesex North Registry of Deeds, Plan Book 189, Plan 64, on September 7, 1995, and as shown on a street acceptance plan prepared by Dana F. Perkins, Inc., dated November 19, 1996; or do anything in relation to. � Finance Committee Recommended Approval of this Article with conditional approval for Isabella Way as recommended by the Planning Board. � Planning Board Recommended Approval of this Article conditional upon the completion of Isabella Way. � �� ARTICLE 21. To see if the Town will vote to raise and appropriate the sum of $5,000 for the observance of Memorial Day and Veterans Day, and that the Moderator appoint a committee which shall arrange and have charge of said observances; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 22. To see if the Town will vote to raise and appropriate the sum of $750.00 each (a total of $2,250) for the purpose of renewing under the authority of Section 9 of Chapter 40 of the General Laws as amended, the lease of:

a. Veterans of Foreign Wars Clubhouse for the purpose of providing suitable headquarters for the Nee-Ellsworth Post 2458 of the Veterans of Foreign Wars of the United States; � b. Marine Corp League in Wilmington for the purpose of providing suitable headquarters for the Wilmington Chapter; � c. American Legion Clubhouse, Inc., in Wilmington for the purpose of providing suitable headquarters for the Wilmington Post 136 of the American Legion; or do anything in relation thereto. � Finance Committee Recommended Approval of this Article. �� ARTICLE 23. To see if the Town will vote to raise and appropriate a sum of money for the purpose of providing senior citizen work opportunities for services rendered to the Town in accordance with the Town�s Senior Citizen Tax Work-Off Program; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 24. To see if the Town will vote to raise and appropriate a sum of money to supplement funds appropriated for a like purpose at the Annual Town Meeting of April 24, 1999, that purpose being to conduct a site feasibility analysis for the expansion of the public library building, and to develop the architectural design schematics for the library building program; and to determine how the same shall be raised whether by taxation, transfer, borrowing, or any combination thereof; and to authorize the Board of Library Trustees and/or the Board of Selectmen to apply for and accept any federal or state aid and to receive gifts which may be available as contributions to be applied to the cost of the program; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 25. To see if the Town will vote to raise and appropriate a sum of money that would enable the Historical Commission to apply for a partially reimbursable survey and planning grant from the Massachusetts Historical Commission for the purpose of completing an inventory of historic Wilmington places and/or completing a structural review of the Harnden Tavern, and to determine how the same shall be raised whether by taxation, transfer, borrowing or any combination thereof; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.
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�� ARTICLE 26. To see if the Town will vote to authorize the Board of Selectmen and/or the Town Manager to apply for, accept and enter into contracts from time to time for the expenditure of any funds, without further appropriation, allotted to Wilmington by the United States Federal Government under any Federal Grant Program and the Commonwealth of Massachusetts under any State Grant Program; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.
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�� ARTICLE 27. To see if the Town will vote to authorize the Selectmen to execute an extension for ten years of a certain agreement dated July 9, 1990 between the Town of Wilmington and the Reading Municipal Light Board acting on behalf of the Town of Reading which provides for the supply of electrical power and payments in-lieu of taxes; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 28. To see if the Town will vote to continue its participation in the Massachusetts Water Resource Authority financial assistance program which provides grants and interest free loans for the purpose of funding an infiltration and inflow reduction and sewer system rehabilitation program and to authorize the Selectmen and/or Town Manager to accept said grants and to execute documents relative to the interest free loans as may be required; and further to appropriate said funds for engineering services, construction or reconstruction of sewers, sewerage systems and sewage disposal facilities and appurtenances and to determine whether this appropriation shall be raised by taxation, transfer or borrowing or any combination thereof; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.
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�� ARTICLE 29. To see if the Town will vote to authorize the Town Treasurer to continue in force the Revolving Fund as established at the Special Town Meeting of December 4, 1995 in accordance with M.G.L. Chapter 44, Section 53E � for a Compost Bin Recycling Program and further to establish a spending limit for said account; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 30. To see if the Town will vote to authorize the Town Treasurer to continue in force the Revolving Fund as established at the Annual Town Meeting of April 22, 1995 in accordance with M.G.L. Chapter 44, Section 53E � for the purpose of receiving monies from the Environmental Trust or the Department of Environmental Protection to be used for the repair and upgrade of subsurface sewage disposal systems under Title 5; and additionally, to receive monies from betterments and other loan repayments to the Town from property owners participating in said program and further to establish a spending limit for said account; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 31. To see if the Town will vote to amend Chapter 5 of the By-laws of the Inhabitants of the Town of Wilmington Revised by adding Section 44 as follows:

Regulation of Automatic Amusement Devices

Selectmen shall not grant a license for any automatic amusement device that presents a risk of misuse as a gaming device. An automatic amusement device that presents a risk of misuse as a gaming device is one that has one or more of the following features: 1) the device involves matching random numbers, patterns or cards; 2) the device accumulates more than twenty-six (26) plays; 3) the device is equipped with a "knock off" switch, button or similar device; 4) the device has a mechanism for adjusting the odds; 5) the device has a remote control feature that can reset the device from another location; 6) the device is capable of returning money to the player other than the change for the excess amount deposited; 7) the device permits a player to pay for more than one game at a time; 8) each game on the device does not cost exactly the same amount for each player, and a player may change any aspect of the game by paying a different amount than any other player before or during the game; and 9) there is a metering device that accounts for both money/points in and money/points out.

All licenses for automatic amusement devices granted by the Board of Selectmen shall be subject to inspection by the Wilmington Police Department to insure conformance with submitted application information and local By-law requirements. Any unlicensed automatic amusement device shall be subject to immediate seizure by the Wilmington Police Department.

Any person found in violation of this By-law shall be punished by a fine of $200 for each offense. If any sentence, clause or phrase of this By-law, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 32. To see if the Town will vote to amend Chapter 5 of the By-laws of the Inhabitants of the Town of Wilmington Revised by adding Section 45 as follows:

Effective September 5, 2000, smoking shall be prohibited in any restaurant or other such establishment open to the general public that sells food products. The operator of any food establishment shall conspicuously post such notice or signs indicating that smoking is prohibited therein. Any person who smokes in a food establishment shall be subject to a fine of $50.00. Any operator of any food establishment who does not comply with this provision shall be subject to a fine of $50.00; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.

�� ARTICLE 33. To see if the Town will vote to amend the Accessory Apartment provision of the Zoning By-law by taking the following actions:
�

prior to January 1, 1992

for five years from the date of initial occupancy.

� (2) Amend Section 4.2 by adding the phrase existing for five years from the date of initial occupancy after the phrase single family dwelling. � (3) Amend Section 4.2.2 by deleting the phrase shall be a minimum of 750 square feet and so that it reads as follows: The floor area of the accessory apartment shall not exceed 1,250 square feet. � (4) Eliminate Section 4.2.7(a). � (5) Amend sections 4.2.8 and 4.2.9 by deleting the words Building Inspector and substituting the words Inspector of Buildings. � (6) Amend Section 4.2.10 by deleting the words Building Commissioner and substituting the words Inspector of Buildings; or do anything in relation thereto. � Finance Committee Recommended Approval of this Article. � Planning Board Recommended Approval of this Article. The Planning and Conservation Department working with the Wilmington Housing Partnership submitted this article. The purpose is to encourage the creation of accessory apartments through minor changes to the existing by-law. �� ARTICLE 34. To see if the Town will vote to amend the Zoning By-law and associated zoning map of the Town of Wilmington by amending the Groundwater Protection District By-law to meet Department of Environmental Protection (DEP) requirements for wellhead protection and to update the Flood Plain District By-law by taking the following actions: (1) Amend Section 2.1 Classification by deleting the phrases Ground Water Protection District A and Ground Water Protection District B and substituting the phrase Ground Water Protection District. � (2) Amend Section 6.6 Groundwater Protection District by adding the following subsection under Prohibited Uses: 6.6.5.8 Siting of petroleum, fuel oil and heating oil
bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual and any subsequent amendments thereto.
� (3) Amend Section 2.2 Zoning Map by taking the following actions: a) In the third paragraph, delete the date January 18, 1989 and substitute the date June 2, 1999 and delete the phrase and the Wilmington Flood Boundary and Floodway Map dated January 18, 1989.

b) In the fourth paragraph, delete the date 1990 and substitute the date April, 1999; and delete the provision: The boundaries of the GWPD are also delineated onto a set of Assessor's Maps kept at the Town Hall; or do anything in relation thereto.
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Finance Committee Recommended Approval of this Article. � The Planning Board Recommended Approval of this Article. The Planning and Conservation Department submitted this "housekeeping" article to meet Department of Environmental Protection (DEP) and FEMA requirements. �� ARTICLE 35. To see if the Town will vote to authorize transfer of the care, custody, management and control of a certain parcel of land owned by the Town of Wilmington hereinafter described to the Conservation Commission. Said parcel is described as Map 50, Parcel 104A; or do anything in relation thereto.

�� Finance Committee Recommended Approval of this Article.
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�� Planning Board Recommended Approval of this Article. The nine-acre parcel off Wildwood Street is wetlands and located near Mill Brook. This is part of the Planning and Conservation Department's continuing effort each year to identify Town-owned land for transfer to the Conservation Commission.
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�� ARTICLE 36. To see if the Town will vote to raise and appropriate the sum of $400,000 for the purpose of testing all public and private water wells (permission needed for private wells), and to direct the selectmen to have such tests performed within a year of passage of the article. The Selectmen shall direct that if any hazardous or toxic material is discovered as a result of the testing that the source of contamination be made known, and that the Groundwater Protection By-law be enforced; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Disapproval of this Article.
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�� ARTICLE 37. To see if the Town will vote to instruct the Board of Selectmen to place on the ballot at the November 7, 2000 polls, the following question:

"Shall the Town of Wilmington amend and revise the present Town Charter and By-laws of the Inhabitants of the Town of Wilmington and establish a Charter Commission and Planning Board to be elected by the voters of the Town of Wilmington?" Yes or No; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Disapproval of this Article.

�� Planning Board Recommended Disapproval of this Article. This article is not in the best interest of the Town. An elected board would jeopardize the Town's current ability to have a balanced and objective board.

�� ARTICLE 38. To see if the Town will vote to instruct the Board of Selectmen to place on the ballot at the November 7, 2000 polls, the following question:

"Shall the Town of Wilmington amend and revise the present Town Charter and By-laws of the Inhabitants of the Town of Wilmington and establish a Charter Commission and amend the Town Charter to a representative form of Town Meeting to be elected by the voters of the Town of Wilmington?" Yes or No; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Disapproval of this Article.

�� ARTICLE 39. To see if the Town will vote to instruct the Board of Selectmen to place on the ballot at the November 7, 2000 polls, the following question:

"Shall the Town of Wilmington amend and revise the present Town Charter and By-laws of the Inhabitants of the Town of Wilmington and establish a Charter Commission and Finance Committee to be elected by the voters of the Town of Wilmington?" Yes or No; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Disapproval of this Article.

�� ARTICLE 40. To see if the Town will vote to instruct the Board of Selectmen to place on the ballot at the November 7, 2000 polls, the following question:

"Shall the Town of Wilmington adopt residency restrictions on all town boards and commissions with chairman term limits not to exceed two consecutive terms?" Yes or No; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Disapproval of this Article.

�� ARTICLE 41. To see if the Town will vote to instruct the Board of Selectmen to place on the ballot at the November 7, 2000 polls, the following question:

"Shall the Town of Wilmington fluoridate the town water supply?" Yes or No; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Disapproval of this Article.

�� ARTICLE 42. To see if the Town will vote to establish a disabled veterans tax work-off program and raise and appropriate a sum of $10,000 for the purpose of providing disabled veterans work opportunities for services rendered to the town in accordance with said program; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Disapproval of this Article.

�� ARTICLE 43. To see if the Town will vote to authorize the Board of Selectmen to petition the State Legislature to authorize that Edward P. Sheridan be allowed to take the civil service Police Department entrance examination notwithstanding the provisions of any general or special law or rule or regulation to the contrary regulating the maximum age of applicants for appointments as police officers to be eligible for appointment as a police officer in said town and provided he meets all other requirements, he shall be eligible for certification and appointment to the police department of the Town of Wilmington; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Approval of this Article.
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�� ARTICLE 44. To see if the Town will vote to add an amendment to the Town By-laws to restrict building construction to the hours of 7:00 a.m. - 6:00 p.m. on weekdays and 8:00 a.m. - 6:00 p.m. on Saturdays; or do anything in relation thereto.

Petition

Finance Committee Recommended Disapproval of this Article.

�� ARTICLE 45. To see if the Town will vote to change the date of the Annual Town Meeting to the last Saturday in March; or do anything in relation thereto.

Petition

Finance Committee Recommended Disapproval of this Article.

�� ARTICLE 46. To see if the Town will vote to establish an Open Space and Recreation Account for the purpose of acquiring land for the open space and recreation needs of the Town of Wilmington and its inhabitants, and further to see if the Town will vote to appropriate a sum of money for such purposes and to determine how the same shall be raised whether by transfer from available funds, taxation, borrowing, gifts and donations, or by any combination thereof; or do anything in relation thereto.

Petition

Finance Committee Recommended Disapproval of this Article.

�� ARTICLE 47. To see if the Town will vote to authorize transfer of the care, custody, management and control of certain parcels of land owned by the Town of Wilmington hereinafter described to the Selectmen of the Town of Wilmington, said land having been determined to be no longer needed for any municipal purpose, and for the express purpose of conveying the same, all in accordance with the General Laws Chapter 30B; and further that the Selectmen be and are hereby authorized to grant and convey such interest in the land as is owned by the Town of Wilmington and upon such terms and conditions as shall be determined by the Selectmen in accordance with Chapter 3, Section 16 of the By-laws of the Inhabitants of the Town of Wilmington Revised. Said parcels and interest are described as Map 32, Parcel 8; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Disapproval of this Article.

�� Planning Board Recommended Disapproval of this Article. The parcel was not deemed surplus by the Town Manager.

� �� ARTICLE 48. To see if the Town will vote to authorize transfer of the care, custody, management and control a of certain parcel of land owned by the Town of Wilmington hereinafter described to the Selectmen of the Town of Wilmington, said land having been determined to be no longer needed for any municipal purpose, and for the express purpose of conveying the same, all in accordance with the General Laws Chapter 30B; and further that the Selectmen be and are hereby authorized to grant and convey such interest in the land as is owned by the Town of Wilmington and upon such terms and conditions as shall be determined by the Selectmen in accordance with Chapter 3, Section 16 of the By-laws of the Inhabitants of the Town of Wilmington Revised. Said parcel and interest are described as Map 8, Parcel 64; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Disapproval of this Article.

�� Planning Board Recommended Disapproval of this Article. The parcel was not deemed surplus by the Town Manager.

�� ARTICLE 49. To see if the Town will vote to authorize transfer of the care, custody, management and control of a certain parcel of land owned by the Town of Wilmington hereinafter described to the Selectmen of the Town of Wilmington, said land having been determined to be no longer needed for any municipal purpose, and for the express purpose of conveying the same, all in accordance with the General Laws Chapter 30B; and further that the Selectmen be and are hereby authorized to grant and convey such interest in the land as is owned by the Town of Wilmington and upon such terms and conditions as shall be determined by the Selectmen in accordance with Chapter 3, Section 16 of the By-laws of the Inhabitants of the Town of Wilmington Revised. Said parcel and interest are described as Map 50, Parcel 63; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Disapproval of this Article.

�� Planning Board Recommended Disapproval of this Article. The parcel was not deemed surplus by the Town Manager.

� �� ARTICLE 50. To see if the Town will vote to amend the Zoning By-laws and zoning map of the Town of Wilmington by voting to rezone from Residential 60 (R-60) to Residential 20 (R-20) the following parcel of land located in Wilmington as listed on the Assessor's legal file Map 11, Parcel 35; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Approval of this Article.

�� Planning Board Recommended Approval of this Article. This parcel is located adjacent to an R-20 zoning district. It would be compatible with adjacent parcels.

�� ARTICLE 51. To see if the Town will vote to amend the Zoning By-laws and associated zoning map of the Town of Wilmington by voting to rezone from Residential 20 (R-20) to General Business the following described parcel of land:

The land with the buildings thereon located in Wilmington, Middlesex county, Massachusetts and being Lot A as sown on a "plan of Land in Wilmington, Mass.," dated December 22, 1970, Charles H. Moloy, Woburn, Mass., Registered Land Surveyor, said plan being recorded in Middlesex North District Registry of Deeds in Plan Book 120, Plan 1 and being bounded and described as follows:

�NORTHEASTERLY:�� by Main Street, as shown on Plan one hundred (100.00) feet;

SOUTHEASTERLY:�� by an unnumbered lot as shown on said Plan ninety (90.00) feet, more or less;

SOUTHWESTERLY:�� by Old Main Street as shown on said Plan one hundred (100.00) feet, more or less;

NORTHWESTERLY:�� by Lot B as shown on said Plan, one hundred twenty (120.00) feet, more or less;

Containing, according to said Plan, 10,500 square feet, more or less. For Petitioner's title, see deed of David I. Elfman and Harvey M. Elfman dated July 21, 1986 and recorded at the Middlesex North District Registry of Deeds at Book 3636, Page 281. The above referenced parcel is shown on Town of Wilmington Assessor's Map 12 as Parcel 1; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Approval of this Article.

�� Planning Board Recommended Approval of this Article. Given the location, general business is the best use for this parcel. Development for residential use is unlikely.

� �� ARTICLE 52. To see if the Town will vote to amend the Zoning By-laws and the associated zoning map of the Town of Wilmington by voting to rezone from General Industry (GI) to Central Business District (CBD) the following parcel of land described as shown on Assessor's Map 29, Parcel 11S; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Disapproval of this Article.

�� Planning Board Recommended Disapproval of this Article.

�� Discussion:

1. In 1994 the Town created the Central Business District based on recommendations of the Strategic Planning Study for the Town Center and the Route 38 corridor. This site was not incorporated within the proposed CBD. Until such time as the Master Planning effort is completed, the Town should not deviate from the recommendations of a recent plan. This is a special concern at a time when many residents of Wilmington feel that the town's planning policies are poorly considered and inconsistently applied. While the Master Plan may include recommendations for rezoning or changing the mix of uses within existing zones, these recommendations will emerge from a carefully considered and participatory process. � 2. The site is currently occupied by Xpedx as a distribution warehouse. Rezoning would create a large nonconforming use. It has not been demonstrated that there is pressure to redevelop the site for uses allowed in the Central Business District. Given its current building, the most economically viable use of the site may be light industrial and R&D users with associated offices. � 3. If residents have concerns regarding the potential environmental issues associated with certain industrial uses, strict enforcement of the Groundwater Protection District controls should minimize these issues. In addition, any limited or general manufacturing use requires a Special Permit and a public hearing would be held. The Special Permit could be denied if there were concerns relative to protection of the envirnonment. � 4. There are numerous issues related to retail or business development of the site. Retail or business uses would require a significant quantity of parking and generate more traffic on a square foot basis than industrial users. This traffic would increase loads at the signalized intersection of Main Street and Burlington Avenue, potentially degrading the levels of service there. While these issues may be minimized by careful site design, they must be carefully considered before making the commitment associated with zoning. � 5. The Town will review the use of this parcel as part of the master planning process. �� ARTICLE 53. To see if the Town will vote to amend the Zoning By-laws and the associated zoning map of the Town of Wilmington by voting to rezone from General Industry (GI) to Central Business District (CBD) the following parcels of land described as shown on Assessor's Map 29, Parcels 1 and 11B; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Disapproval of this Article.

�� Planning Board Recommended Disapproval of this Article.

�� Discussion:

1. In 1994 the Town created the Central Business District based on recommendations of the Strategic Planning Study for the Town Center and Route 38. The Diamond Crystal site was not incorporated within the proposed CBD. Until such time as the Master Planning effort is completed, the Town should not deviate from the recommendations of a recent plan. This is a special concern at a time when many residents of Wilmington feel that the Town's planning policies are poorly considered and inconsistently applied. While the Master Plan may include recommendations for rezoning or changing the mix of uses within existing zones, these recommendations will emerge from a carefully considered and participatory process. � 2. Diamond Crystal currently occupies the site which is for sale. The rezoning would create a large nonconforming use or eliminate the light manufacturing and distribution functions historically performed at the site. It has not been demonstrated that there is pressure to redevelop the site for uses allowed in the Central Business District. Given its current access and buildings, the most economically viable use of the site may be a mixed-use with a combination of office, light industrial and high-tech tenants. The market is rapidly changing. Heavy industry is dead in this area while light industry/R&D users are plentiful. Ten Burlington Avenue could be home to an assortment of high tech companies that could enhance the area, but they would not be permitted in the CBD zone. � 3. If residents have concerns regarding the potential environmental issues associated with certain industrial uses, strict enforcement of the Groundwater Protection District controls should minimize these issues. In addition, any limited or general manufacturing use requires a Special Permit and a public hearing would be held. The Special Permit could be denied if the Board of Appeals had concerns relative to protection of the environment. � 4. There are numerous issues related to retail or business development of the site. Retail or business uses would require a significant quantity of parking and generate more traffic on a square foot basis than industrial users. This traffic would increase loads at the signalized intersection of Main Street and Burlington Avenue, potentially degrading the levels of service there. While these issues may be minimized by careful site design, they must be carefully considered before making the commitment associated with zoning. � 5. The Town will take a proactive role relative to the use of this property. The owner has committed to meeting with the town to discuss future use of the site. �� ARTICLE 54. To see if the Town will vote to amend the Zoning By-laws and the associated zoning map of the Town of Wilmington by voting to rezone from General Industry (GI) to Central Business District (CBD) that portion of land located in the existing GI zone as shown on Parcel 13, Assessor's Map 30; or do anything in relation thereto.

Petition

�� Finance Committee Recommended Disapproval of this Article.

�� Planning Board Recommended Disapproval of this Article.

�� Discussion:

1. In 1994 the Town created the Central Business District based on recommendations of the Strategic Planning Study for the Town Center and Route 38. The Sweetheart site was not included in the CBD. Until such time as the Master Planning effort is completed, the Town should not deviate from the recommendations of a recent plan. This is a special concern at a time when many residents of Wilmington feel that the Town's planning policies are poorly considered and inconsistently applied. While the Master Plan may include recommendations for rezoning or changing the mix of uses within existing zones, these recommendations will emerge from a carefully considered and participatory process. � 2. The rezoning would create a large nonconforming use (almost 500,000 s.f.). It has not been demonstrated that there is pressure to redevelop the site for uses allowed in the Central Business District. Given its current access and buildings, the most economically viable use of the site may be light industrial and R&D users with associated offices. Currently the Sweetheart Plastics site is 96% occupied with minimal impact. � 3. If residents have concerns regarding the potential environmental issues associated with certain industrial uses, strict enforcement of the Groundwater Protection District controls should minimize these issues. In addition, any limited or general manufacturing use requires a Special Permit and a public hearing would be held. The Special Permit could be denied if the Board of Appeals had concerns relative to protection of the environment. � 4. There are numerous issues related to retail or business development of the site. A large amount of retail and service space could be built on the site, requiring an additional access point. A grade-separated crossing of the railroad tracks might be required. Retail or business uses would require a significant quantity of parking and generate more traffic on a square foot basis than industrial users. This traffic would increase loads at the signalized intersection of Main Street and Burlington Avenue, potentially degrading the levels of service there. While these issues may be minimized by careful site design, they must be carefully considered before making the commitment associated with zoning. � 5. The Town will take a proactive role relative to the future use of the property. The property owner has committed to meeting with the Town to discuss future use. �� ARTICLE 55. To see if the Town will vote to amend the Zoning By-laws of the Town of Wilmington and the associated zoning map by rezoning from Residential 20 (R-20) to General Business (GB) the following parcels of land:

Parcel One:

A parcel of land located north of Main Street, beginning at the existing GB/R-20 zone line, at land of Fred Cain, running:

Northeasterly�� 100' along Lot 134 to a point, thence
Northwesterly�� 100' along Lot 135A to a point on the sideline of Chelsea Street, thence
Southwesterly�� 50' along Chelsea Street to a point, thence
Northwesterly�� 240' along Chelsea Street and Lot 130EA to a point, thence
Northeasterly�� 375' along Lot 130EA, 130EB, 130EC to a point, thence
Southeasterly�� 200' along Lot 130EC to a point, thence
Southeasterly�� 145' across Chelsea Street and Lot 130E to a point at Lot 130B, thence
Southeasterly�� 100' along Lot 130B to a point, thence
Southerly�� 48' across Kiernan Avenue to a point at Lot 130D, thence
Southeasterly�� 282' along Lot 130D to a point, thence
Northeasterly�� 360' to Lot 106, thence
Northwesterly�� 1,465' along Lot 106, Talbot Avenue, Lot 104, Loring Avenue, Lot 93, Lime Street, Fairview Avenue, Lot 79A, Dane Street and Lot 67 to a point, thence
Southerly�� 187' along Lot 67 to a point, thence
Westerly�� 140' along Lot 67 to a point, thence
Southwesterly�� 224' along Lot 117 to a point, thence
Southwesterly�� 100' along Lot 118 and a portion of Lot 119 to a point at Lot 125, thence
Southeasterly�� 309.92' along Lot 125 to a point at Dublin Avenue, thence
Southeasterly�� 40' along Dublin Avenue to a point, thence
Southwesterly�� 25' along Dublin Avenue to a point, thence
Southeasterly�� 85' along Lot 126 to a point, thence
Southwesterly�� 175' along Lot 126 and a portion of Lot 127 to a point on the GB/R20 zone line, thence
Southeasterly�� 720' along the GB/R20 zone line across Lot 130E, Montrose Avenue, Lot 130, Lot 131A and Lot 131 to the point of beginning

Parcel Two:

That certain parcel of land situated in Wilmington in the County of Middlesex and said Commonwealth, bounded and described as follows:

Southeasterly�� by Chelsea Street, one hundred twenty-five (125.00) feet;
Southwesterly�� by Lots 146 and 167, two hundred (200) feet;
Northwesterly�� by Gardner Street, one hundred twenty-five (125.00) feet; and
Northeasterly�� by Lots 173 and 140, two hundred (200.00) feet.

All of said boundaries are determined by the Land Court to be located at shown on subdivision plan 6462-B, Sheet two (2), drawn by Dana F. Perkins, Surveyors, dated November 1921, as approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with Certificate of Title 1818, and said land is shown as Lots one hundred forty-one (141) to one hundred forty-five (145) and one hundred sixty-eight (168) to one hundred seventy-two (172) inclusive on said plan.

For Petitioners title see Certificate of Title No. 21833 at Middlesex North District Registry of Deeds Land Registration Office at Book 112, Page 65. See also Certificate of Title No. 14043 at Middlesex North District Registry of Deeds, Land Registration Office at Book 73, Page 85. See also Certificate of Title No. 21840 at Middlesex North District Registry of Deeds, Land Registration Office at Book 112, Page 79. See also Certificate of Title No. 7770 at Middlesex North District Registry of Deeds, Land Registration Office at Book 41, Page 67.

The above referenced parcels are also shown as all of Parcel 130EA, and a portion of Parcels 130, 131, 131A, and 130E, all on Assessor's Map 41; or do anything in relation thereto.

Petition

�� The Finance Committee Took No Action on this Article.

�� The Planning Board Recommended Disapproval of this Article due to lack of information.

�� ARTICLE 56. To see if the Town will vote to amend the Zoning By-laws of the Town of Wilmington by rezoning from Central Business (CB) to General Business (GB) the following parcels of land:

Parcel One:

A certain parcel of land with the buildings thereon, situated in said Wilmington at the corner of Main Street and Forest Avenue, a/k/a Forest Avenue now known as Kirk Street bounded and described as follows:

Westerly:�� by said Main Street, 66.37 feet;
Northerly:�� by land now or formerly of Ritson, as shown on a plan hereinafter mentioned, 153.65 feet;
Easterly:�� by land now or formerly of McIntosh, as shown on said plan, 65.33 feet; and
Southerly:�� by said Forest Avenue, 147.73 feet.

Said parcel contains 9,900 square feet of land and is shown on a plan entitled "Plan of Land in Wilmington, Mass., dated July 16, 1935, Dana F. Perkins, Civil Engineers and Surveyors," recorded with Middlesex North District Registry of Deeds in Plan Book 58, Plan 84A.

Parcel Two:

A certain parcel of land with the buildings thereon, situated in said Wilmington on the northwesterly side of Forest Avenue, and being shown on a plan entitled "Plan of Land Surveyed for Church Street Hardware, Inc., situated on Forest Avenue, Wilmington, Mass., dated November 21, 1942, A.N. Eames, Surveyor," recorded with said Deeds in Plan Book 65, Plan 27, bounded and described as follows:

Southeasterly: by said Forest Avenue, 108.84 feet;
Southwesterly: by land now or formerly of Roger Buck, A. Serentino and Fred Husson, as shown on said plan, 219.95 feet;
Northwesterly: by land now or formerly of Church Street Hardware, Inc., as shown on said plan, 108.84 feet;
Northeasterly: by other land now or formerly of Church Street Hardware, Inc., as shown on said plan 219.95 feet.

Said parcel contains 23,939 square feet of land according to said plan.

For Petitioner's title see deed of Ralph B. Medbery, Trustee of RAC Realty Trust dated April 4, 1996 and recorded at Middlesex North District Registry of Deeds, as instrument number 16923 of April 4, 1996.

The above referenced parcels are also shown as Parcel 114 on Assessor's Map 41; or do anything in relation thereto.

Petition

�� The Finance Committee Recommended Disapproval of this Article.

�� The Planning Board Recommended Disapproval of this Article. This site was rezoned to CBD in 1994 based on the recommendation of the Strategic Planning Study for the Town Center and Route 38.

�� ARTICLE 57. To see if the Town will vote to amend the Zoning By-laws of the Town of Wilmington and the associated zoning map by rezoning from Residential 60 (R-60) to Residential 20 (R-20) the following described parcel of land:

Beginning at a point on the Easterly side of Elizabeth Drive and land of Walter and Celina Malatesta:

N 32^o24'45" W�� for a distance of 7.10 feet to a point, thence;
N 68^o53'06" E�� for a distance of 165.52 feet to a point, thence;
N 85^o26'42" E�� for a distance of 64.64 feet to a point, thence;
N 19^o45'57" W�� for a distance of 61.00 feet to a point, thence;
N 70^o14'03" E�� for a distance of 111.80 feet to a point, thence;
N 18^o51'05" W�� for a distance of 227.00 feet to a point, thence;
N 68^o36'09" E�� for a distance of 190.57 feet to a point, thence;
S 23^o35'07" E�� for a distance of 130.95 feet to a point, thence;
S 31^o42'18" E�� for a distance of 480.24 feet to a point, thence;
S 10^o50'29" E�� for a distance of 123.74 feet to a point, thence;
S 09^o06'52" E�� for a distance of 125.69 feet to a point, thence;
S 08^o53'30" W�� for a distance of 14.15 feet to a point, thence;
S 89^o40'02" W�� for a distance of 17.00 feet to a point, thence;
S 79^o20'33" W�� for a distance of 87.75 feet to a point, thence;
S 81^o11'20" W�� for a distance of 61.30 feet to a point, thence;
S 86^o04'40" W�� for a distance of 13.95 feet to a point, thence;
S 37^o42'53" E�� for a distance of 242.00 feet to a point, thence;
S 57^o42'51" W�� for a distance of 309.64 feet to a point, thence;
N 32^o24'45" W�� for a distance of 284.67 feet to a point, thence;
N 32^o24'45" W�� for a distance of 510.31 feet to a point, thence;
N 32^o24'45" W�� along Elizabeth Drive for a distance of 59.53 feet, to the point of beginning.

Containing about 10.3 acres. Meaning and intending to rezone from Residential 60 (R-60) to Residential 20 (R-20) that land shown on the Town of Wilmington Assessors Map as Map 27, Parcel 14; or do anything in relation thereto.

Petition

�� The Finance Committee Recommended Approval of this Article.
�� The Planning Board Recommended Approval of this Article. The property owner has worked with the Planning Board and the Planning and Conservation Department to develop a proposal for the site that addresses concerns expressed by the Planning Board and residents at the Special Town Meeting in 1999. A contract will be executed with the Town of Wilmington prior to the Annual Town Meeting. The contract will ensure that approximately 2.6 acres of open space adjacent to the Butters Row wellfield is donated to the Water Department and that the maximum number of dwellings is 10, inclusive of the existing dwelling on Butters Row.
�

Hereof fail not and make due return of this Warrant, or a certified copy thereof with your doings thereon to the Town Clerk as soon as may be and before said meeting, GIVEN OUR HAND AND SEAL OF SAID TOWN THIS 13^th day of March, A.D., Two Thousand.

�

s/Robert J. Cain, Chairman s/Michael V. McCoy s/Michael J. Newhouse s/James J. Rooney s/Daniel C. Wandell � � �

TOWN OF WILMINGTON MASSACHUSETTS ____________________ FINANCE COMMITTEE �

Voters of Wilmington:

The Wilmington Town Charter requires that the Town Manager submit a recommended annual budget for review by the Finance Committee not less than 90 days in advance of the Annual Town Meeting. Since the Town Manager's submission of that budget on January 24, 2000, the Finance Committee has conducted a comprehensive review of the fiscal year 2001 spending plan which included an examination of all departmental operating and capital outlay budget requests. The review also included an analysis of revenue projections and of the town's overall financial condition.

The Finance Committee has concluded that the fiscal year 2001 budget document as submitted is a comprehensive and well justified financial plan for town government. The Committee estimates available revenues to be $49,446,728 which includes an allocation of $500,000 from the Town's free cash balance. The town's current certified free cash balance of nearly $3.7 million is the highest in the town's history. It is indicative of the town's strong financial condition. We are recommending an allocation from free cash in fiscal year 2001 to meet the increase in operating expenditures associated with the opening of the new middle school and the new public safety building. It is also worth noting that projected revenue during the current budget year exceeds anticipated expenditures by approximately $500,000. As a result, the town expects to maintain its high free cash level.

The town's by-laws require the Finance Committee to make recommendations on all articles which may have a financial impact on the community. The by-laws also direct the Planning Board to make recommendations on matters pertaining to their jurisdiction. This booklet includes those recommendations. Several of the petitioned articles seek to alter the method by which the Town of Wilmington is governed. We strongly oppose what we believe would be unwarranted changes to the town's charter. We urge the voters to retain the professional manager and open town meeting form of government as represented by the current charter.

�

The Committee offers its gratitude to the many members of town government who worked diligently in the preparation of this year's budget. We want to especially commend Police Chief Bobby N. Stewart who will retire in January of 2001. Chief Stewart has compiled a distinguished record of service to the town. We also acknowledge with great sadness the passing of former Finance Committee member Philip Spelman who served the town with distinction for many years.

The Finance Committee encourages townspeople to take advantage of the Town Meeting process. Please vote in the Annual Election on April 15, 2000 and join with us at the Annual Town Meeting on April 22, 2000.