map 13, parcel 18 & 20, lot 0 - tyngsborough, ma · by-laws define a rifle range as follows:...

TOWN OF TYNGSBOROUGH Board of Selectmen

Town Offices | 25 Bryants Lane

Tyngsborough, MA 01879

Tel: (978) 649-2300 Ext. 100 | Fax: (978) 649-2320

Page 1 of 6

SPECIAL PERMIT DECISION

RIFLE RANGE SPECIAL PERMIT

Applicant: Freedom Alley Shooting Sports, LLC

Property Location: 40 & 44 Cummings Rd.

Map 13, Parcel 18 & 20, Lot 0

Project: Indoor Rifle Range

Owner: Dan Whitman




Tel: (978) 649-2300 Ext. 100 | Fax: (978) 649-2320

Page 2 of 6

FINDINGS AND DECISION

A Special Permit to operate a Rifle Range is granted by the Town of Tyngsborough Board of

Selectmen (Board) to Freedom Alley Shooting Sports, LLC, (the Applicant) for property located

at 40 & 44 Cummings Rd., (the Premises) to construct an indoor Rifle Range; in accordance with

section 2.11.30 Table of Uses in the Tyngsborough Zoning By-Laws, a Rifle Range is permitted

by a Special Permit from the Board of Selectmen in an Industrial 1 Light (I-1) zone. The Zoning

By-Laws define a Rifle Range as follows: “Any facility enclosed or open designed and intended

for the safe discharge of firearms for the purpose of sport, practice, or training.”

The Findings and Decision for approval, with conditions, are set forth below.

I. BACKGROUND:

1. Freedom Alley Shooting Sports, LLC (the “Applicant”) applied for an Indoor Gun Range

Special Permit to occur within a 36,300 ± sq. ft.; and accessory use storage to occur within

5,000± sq. ft. one-story shipping/receiving building pursuant to 1.16.00, 2.11.30 and

4.11.00 of the Tyngsborough Zoning By-Laws. A Special Permits to construct a Rifle

Range in accordance with Zoning Bylaw Section 2.11.30 Table of Permitted Uses requires

a Special Permit from the Board of Selectmen.

2. Site Development plans which include: existing conditions, removal/demolition, non-

residential site layout, grading & drainage, erosion control, utilities, lighting, drainage

profiles, sewer profiles, construction details, and test pit logs created by Keach Nordstrom

Associates, Inc. – 10 Commerce Park North, Suite 3B, Bedfore, NH 03110 and dated

December 21, 2015, and revised February 9, 2016; along with other submissions on public

file regarding sound levels, construction standards, public safety, nature of the business

activities, caliber of ammunition, employee plans, emergency management plans, injury

response plans, suicide prevention plans, lead safety information, ventilation plans,

security system plans and related documents were submitted in connection with the Special

Permit Application package. The Tyngsborough Board of Selectmen also received

departmental comments, and peer review consulting engineering in connection with the

application review.The Application for a Special Permit was received on December 30,

2015.

3. The Board also received departmental comments in connection with the application review.

4. The legal notice was published in the Lowell Sun on January 18, 2016, and January 25,

2016, and posted with the Town Clerk.




Tel: (978) 649-2300 Ext. 100 | Fax: (978) 649-2320

Page 3 of 6

5. A public hearing was held on the Special Permit Application before the Tyngsborough

Board of Selectmen originally scheduled for February 8, 2016 continued to February 16,

2016, continued to February 22, 2016, continued to March 14, 2016 continued to March

28, 2016 and concluding on April 11, 2016.

6. At the public hearings, the Applicant and their attorney, architect and engineers made

presentations of the project. Residents in attendance were permitted to speak for or against

the Special Permit Applications. Members of the Tyngsborough Board of Selectmen and

its consultants were able to ask questions and comment on the Special Permit Application.

II. FINDINGS:

At the public hearing the Board of Selectmen found as follows:

1. The Board finds that the Applicant has fully complied with the submittal requirements for

the application for an Indoor Gun Range Special Permit established under Sections 1.16.14,

1.16.20, 1.16.22, 2.11.30 and 4.11.00 of the Tyngsborough Zoning Bylaws as well as the

Board’s own Special Permit Rules and Regulations.

2. The grant of the Special Permit is in harmony with the purpose and intent of the Zoning

Bylaws as the use sought is an allowed use and will provide additional needed services to

the residents of the town in the area of a Rifle Range.

3. The grant of the Special Permit will not be detrimental or injurious to the neighborhood in

which it is to take place as the applicant provided information regarding the proposed use

and the potential impact of noise, traffic, drainage, lighting and public safety.

3. The grant of the Special Permit is appropriate for the site in question as the use is compliant

with Town Zoning Bylaws.

4. The grant of the Special Permit complies with all applicable requirements of the Zoning

Bylaws.

5. The Special Permit was complete and compliant with Sections 2.11.30, Table of Permitted

Uses, of the Zoning Bylaws.

6. The grant of the Special Permit is based upon the mandatory findings which were found to

exist with the requirements of Section 1.16.14 of the Zoning Bylaws.




Tel: (978) 649-2300 Ext. 100 | Fax: (978) 649-2320

Page 4 of 6

III. SPECIAL PERMIT CONDITIONS:

In view of the above, the Board determines that the Premises is a proper local for a Rifle

Range under Sections 2.11.30 Table of Permitted Uses of the Zoning Bylaws and that the

parcel meets all requisite criteria; and the Board grants a Special Permit for the

implementation of a Rifle Range, in accordance with the below terms and conditions:

1. All employees are certified CPR.

2. The facility must have a minimum of two working defibrillators on hand at all times.

3. Must maintain medical supplies on hand that are checked annually. (Please clarify type of

supplies and how they will be maintained)

4. HVAC must comply with OSHA monitoring standards and the reports must be submitted

yearly stating that the system complies.

5. The license to operate Hitman Firearms will be transferred to Freedom Alley Shooting

Sports location upon Freedom Alley Shooting Sports opening for business.

6. Property must meet public sewer requirements/standards before occupancy permit is

issued.

7. All entrances/exits of the ranges must contain “tack” mats to prevent any contaminants

from leaving the interior of the building.

8. Will employee or contract with an expert in the field of OSHA compliance to randomly

test for compliance (?) (Please clarify)

9. Lead tests must be provided for all employees every six months.

10. Freedom Alley will limit Maximum caliber of ammunition that can be used in the facility

not to exceed .50 BMG. Any change will require a public hearing before the BOS.

11. The Town will inspect the facility to ensure that the owner/operator is in compliance with

the above conditions. An annual fee of $250 will be required so that he Town can

complete this task. The owner/operator will have 30-days to comply with any

deficiencies. If the facility is in non-compliance after 60 days, the owner will close until

those deficiencies are fixed or other arrangements have been made with the Town.

12. Freedom Alley will maintain a strict age compliance with the use of weapons:

a. 18 years old and older- permitted, unsupervised use without an FID or LTC




Tel: (978) 649-2300 Ext. 100 | Fax: (978) 649-2320

Page 5 of 6

b. 15-17 years – must be accompanied with one parent or legal guardian. This age group

will not require their guardians to be in the same range or lane as them, but they will

need to be on property.

c. 11-15 years – must be accompanied with a parent or legal guardian, accompanied by

and shoot with their parent’s direct supervision in the same lane of the same range,

and there will only be one firearm at that lane at a time.

d. 10 years old and under– limited to special event days, which will be geared for

children and only the use of 22 LR rifles will be used, as they are the easiest to learn

on and control, of which only 12 per year allowed. Children must accompanied by a

parent or legal guardian. Children will be required to attend a Firearms Safety Course.

13. The Town must be notified prior to any changes in ownership of the business

14. A change in ownership and transfer of the special permit will require approval from the

Board of Selectmen.

15. Failure to comply with all the above conditions shall be deemed cause to revoke or

modify this Decision.

IV. APPEALS:

Appeals of this Decision, if any, shall be made pursuant to M.G.L. c. 40A, § 17, and shall be

filed within twenty (20) days after the date of filing of this Decision with the Town Clerk.

The following members of the Board voted on March 14, 2016, to approve the Applicant’s request

for the Special Permits:

Board of Selectmen

_____________________________ _____________________________

Richard Reault, Chair William Gramer, Vice Chair

_____________________________ _____________________________

Robert Jackson, Clerk Corliss Lambert

_____________________________

Steven Nocco




Tel: (978) 649-2300 Ext. 100 | Fax: (978) 649-2320

Page 6 of 6

TO BE FILED WITH THE TOWN CLERK

Date: __________________, 2016

Then personally appeared Richard Reault, Chairman, Tyngsborough Board of Selectmen of the

Town of Tyngsborough, Massachusetts, personally known to me, and acknowledged the foregoing

instrument to be the free act and deed of said Board of Selectmen before me to be recorded with

the Town Clerk.

_________________________ Notary Public

_________________________ Commission Expires

TOWN CLERK

I hereby certify no appeal has been received within twenty (20) days of the filing of this notice in

my office, or that if an appeal has been filed, that it has been dismissed or denied.

_________________________________ Town Clerk

_________________________________, 2016

APPLICANT RECORD DECISION

Having received certification from the Town Clerk, the Applicant is responsible to record this

Decision, as required for the special permits, with the Middlesex North Registry of Deeds and

indexed under the name of the owner of record. Fee for recording shall be the Applicant’s

responsibility.

NOTICE TO BUILDING DEPARTMENT

No permits shall be issued until the Decision is recorded, received and entered with the Middlesex

North Registry of Deeds.

Freedom Alley Shooting Sports, LLC

Rifle Range

Greater Lowell Technical High School

FY 2017 Tyngsborough Board of Selectmen

Preliminary Budget Presentation April 11, 2016

Based on Governor’s House 2 Budget Proposal and approved by the

GLT District School Committee on March 22, 2016

April 8, 2016 1

Greater Lowell Technical High School commits to ensure students’ readiness for career, college, and citizenship in the 21st century. We challenge and support students as they realize their individual potential for personal and professional success.

OUR MISSION

SUCCESS FOR ALL STUDENTS

Student Success Indicators 2014-15

• Level 1 and 42nd %tile of all MA High Schools • Grad rate 9.1% higher than state avg, • SWD grad rate 20% higher than state avg. • O.3% dropout rate 6 times lower than state avg. • 29% grade 11/12 students participate on co-op – 2nd

highest rate of all VTE schools in MA • Class of 2014: 49% working, 46% college, 4%

military (1-year Perkins grad survey 91% response)

April 8, 2016 3

Revenue Sources $39.03M Budget

STATE 24.85M (64%) 1. Chapter 70 State Aid = 23.8M 2. State Reg. School Transportation Reimbursements = 1.05M

DISTRICT 13.8M (35%) 3. Chapter 70 Req. Min. Contribution Assessments = 11.4M 4. Transportation Assessments per Reg. Agreement = 1.05M 5. Debt Service Assessments per Regional Agreement = 0.9M

OTHER $0.38M (1%) 6. District’s Excess and Deficiency Reserve Account (E & D) April 8, 2016

4

FY17 Operating Budget Challenge1

• Fixed Cost Increase of 3.5% (1,274,197) – Salaries 837,833 – Health Ins. 370,000 – Middlesex Ret. 67,084

• Revenue Increase of 1.4% 519,263

• Structural Budget Deficit (754,934)

April 8, 2016 5

FY17 Operating Budget Challenge2

• Staff Reductions (311,057) • 6 Full Time Positions

• Plant Services (110,000) • Other Reductions/Savings (253,877) • Increase E&D Allocation (80,000) (754,934)

April 8, 2016 6

Preliminary Operating Budget

FY17 Increase % Chapter 70 Aid 23,784,242 43,740 0.2 Req. Min. Contribution 11,901,516 467,112 3.9 Required NSS 35,685,758 510,852 1.4 E & D 380,000 88,411 23.3

Operating Budget 36,065,758 599,263 1.6

FY 2017 7

Preliminary Total Budget

FY17 Increase % Operating Budget 36,065,758 599,263 1.6 Transportation 2,095,420 316,420 15.1 Debt Service 872,345 32,200 3.7

FY17 Total Budget 39,033,523 947,883 2.4

FY 2017 8

Preliminary Budget Assessment

FY17 Increase % Min. Contribution 11,434,404 467,112 4.1 Transportation 1,047,170 191,850 18.3 Debt Service 872,345 32,200 3.7

Total 13,353,919 691,162 5.2

FY 2015 9

April 8, 2016 10

Community FY16 FY17 Difference

Dracut 453 462 9

Dunstable 11 14 3

Lowell 1,626 1,603 (23)

Tyngsborough 105 108 3

TOTAL 2,195 2,187 (8)

Foundation Enrollment

April 8, 2016 11


Dracut 3,869,112 4,150,187 281,075

Dunstable 136,019 190,547 54,528

Lowell 6,291,388 6,346,117 54,729

Tyngsborough 1,137,885 1,214,665 76,780

TOTAL 11,484,404 11,901,516 467,112

Required Minimum Contribution per MGL Chapter 70 Formula

April 8, 2016 12


Dracut 178,711 221,213 42,502

Dunstable 2,415 6,703 4,288

Lowell 634,346 767,542 133,196

Tyngsborough 39,848 51,712 11,864

TOTAL 855,320 1,047,170 191,850

Transportation Assessment per Regional Agreement

April 8, 2016 13


Dracut 171,822 163,490 (8,332)

Dunstable 24,223 21,065 (3,158)

Lowell 571,393 618,412 47,019

Tyngsborough 72,707 69.378 (3,329)

TOTAL 840,145 872,345 32,200

Capital Debt Service Assessment per Regional Agreement

April 8, 2016 14


Dracut 4,219,645 4,534,890 315,245

Dunstable 162,944 218,315 55,371

Lowell 7,497,127 7,732,071 234,944

Tyngsborough 1,252,717 1,335,755 83,083

TOTAL 13,132,433 13,821,031 688,598

Combined Assessment

Assessment Summary

• Minimum Required Contribution increased by 467,112 or 4.1% per the Chapter 70 Formula

• Transportation assessments increased by 191,850 or 18.3% due to the procurement of a new bus contract that locks in rates for the next 3 years with two 1-year extension options

• Capital debt service assessment increased by 32,200 or 3.7% for the ongoing $65M construction/ renovation project that will peak in FY18

April 8, 2016 15

Preliminary Budget Summary

• Operating budget fixed costs increased by 1.25M or 3.5% with anticipated revenue increasing by only 0.5M or 1.4% creating a (0.75M) structural deficit

• Operating budget increased 599,263 or 1.6%

• Transportation increased 316,420 or 15.1%

• Capital debt service increased 32,200 or 3.7%

• Total budget increased by 947,883 or 2.4% April 8, 2016

16

Greater Lowell Technical High School

THANK YOU!

April 8, 2016 17

1

TOWN OF TYNGSBOROUGH

ANNUAL TOWN MEETING WARRANT May 17, 2016

7:00 PM Middlesex, SS. To either of the Constables of the Town of Tyngsborough, Massachusetts, in the County of Middlesex: GREETINGS: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of said Town of Tyngsborough, qualified to vote in the election and town affairs, to meet at the following locations:

PRECINCT 1 & 2. TYNGSBOROUGH MIDDLE SCHOOL, 50 NORRIS ROAD PRECINCT 3 & 4. TYNGSBOROUGH ELEMENTARY SCHOOL, 205 WESTFORD ROAD

in Tyngsborough on Tuesday, the Seventeenth day of May in the year two thousand sixteen from 7 o'clock in the forenoon to 8 o'clock in the evening, then and there to act on the following article: GENERAL ARTICLES: Article 1. To bring in their votes by ballot for 1 Selectmen for the term of three years, 1 Assessor for the term of three years, 1 Board of Health Member for the term of three years, 1 Board of Health for the term of two years, 1 Cemetery Commissioner for the term of three years, 1 Cemetery Commission for the term of two years, 1 Cemetery Commissioner for the term of one year, 2 Finance Committee Member for the term of three years, 2 Library Trustees for the term of three years, 2 School Committee Members for the term of three years, 1 Sewer Commissioner Member for the term of three years, 1 Tax Collector for the term of three years, 1 Planning Board Member for the term of five years, 1 Tyngsborough Housing Authority Member for the term of five years. Article 2: Reports of the Town Officers and Committees. To see if the Town will vote to accept the reports of the Town Officers and Committees as printed, or take any other action relative thereto. Submitted by: Board of Selectmen

Article 3: Cchoose all officers not named. To see if the Town will choose all officers not named in Article 1 of the Annual Town Election Warrant, or take any other action relative thereto. Submitted by: Board of Selectmen

2

FINANCIAL ARTICLES:

Article 4: Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of elective officers of the Town as provided by Section 108 of Chapter 41 of the Massachusetts General Laws, as amended, for the Fiscal Year 2017 (July 1, 2016 - June 30, 2017), or take any other action relative thereto.

Salaries of the Elected Officials are included in the Department Appropriations to be submitted within Article 5.

REQUEST SALARIES SALARIES RECOMMENDED 7/01/15 7/01/16 7/01/16

6/30/16 6/30/17 6/30/17 Elective Town Officers Moderator $ 0 $ 0 $ 0 Selectmen Members (5) $ 0 $ 0 $ 0 Chairman $ 0 $ 0 $ 0 Tax Collector $ 64,627 $ 0 $ 0 Town Clerk $ 59,242 $ 60,427 $ 0 Assessors (3) Chairman $ 0 $ 0 $ 0 Member (1) $ 0 $ 0 $ 0 Member (1) $ 0 $ 0 $ 0 Board of Health Chairman $ 0 $ 0 $ 0 Members (4) $ 0 $ 0 $ 0 Tree Warden $ 0 $ 0 $ 0 Cemetery Commissioners (3) $ 0 $ 0 $ 0 School Committee (7) $ 0 $ 0 $ 0 Library Trustees (6) $ 0 $ 0 $ 0 Sewer Commissioners (3) Chairman $ 1,500 $ 1,500 $ 0 Member (1) $ 1,500 $ 1,500 $ 0

Member (1) $ 1,500 $ 1,500 $ 0 Planning Board (5)

Chairman $ 0 $ 0 $ 0 Members (4) $ 0 $ 0 $ 0 Finance Committee (5) $ 0 $ 0 $ 0 Constables (2) $ 0 $ 0 $ 0 Greater Lowell Technical HS (1) $ 0 $ 0 $ 0 Submitted by: Board of Selectmen and Finance Committee Article 5: Appropriation – General Fund for Fiscal Year 2017. To see if the Town will vote to raise and appropriate and/or transfer from available funds such sums of money as may be necessary to fund town expenses for Fiscal Year 2017 (July 1, 2016 - June 30, 2017), or take any other action relative thereto. BUDGET To raise and appropriate funds for Fiscal Year 2017 as presented under the column titled “Board of Selectmen & Finance

Committee Recommend”

3

General Government $ 1,678,882

Public Safety $ 4,164,043

Education $ 19,000,000

Snow and Ice Removal $ 250,000

All Other Public Works $ 1,678,118

Health and Human Services $ 530,215

Culture and Recreation $ 415,657

Debt Service $ 1,648,782

Intergovernmental $ 3,317

Employee Benefits $ 1,895,525

Liability Insurance $ 00,000

Regional Schools $ 1,335,755

for a total appropriation of $36,900,000 and to transfer to the General Fund from Special Revenue – GLSD $143,103, and from

Special Revenue – Community Programs $61,350, for a total of $204,453

Submitted by: Board of Selectmen and Finance Committee

Article 6: Transfer of Funds. To see if the Town will vote to appropriate by transfer from the Billboard Stabilization Fund the sum of $20,000.00 to be expended by the Board of Selectmen to be used to stabilize the tax rate for Fiscal Year 2017 by funding recreational, public safety, or other public purposes, or take any other action relative thereto. Submitted by: Board of Selectmen

Article 7: Transfer of Funds. To see if the Town will vote to appropriate by transfer the sum of $5,000.00 from the Wetland Protection Fund to stabilize the tax rate for FY 2017, or take any other action relative thereto. Submitted by: Board of Selectmen and Finance Committee

Article 8: Transfer of Funds. To see if the Town will vote to appropriate by transfer the sum of $___________ from the PEG Fund to stabilize the tax rate for FY 2017, or take any other action relative thereto. Submitted by: Board of Selectmen and Finance Committee

Article 9: Transfer to Stabilization. To see if the Town will vote to appropriate by transfer the sum of $576,656.06 from Free Cash to the following funds, or take any other action relative thereto. Transfer from: Free Cash $576,656.06 Transfer to: Stabilization Fund $326,771.77

Capital Asset Stabilization Fund $249,884.29 Submitted by: Board of Selectmen and Finance Committee

4

Article 10: Transfer of Funds. To see if the Town will vote to appropriate by transfer the sum of $100,914.81 from Free Cash to the following funds, or take any other action relative thereto. Transfer from: Free Cash $100,914.81 Transfer to: Other Post-Employment Benefits Liability Trust Fund $52,860.14

Compensated Absence Fund $48,054.67 Submitted by: Board of Selectmen and Finance Committee

Article 11: Transfer of Funds. To see if the Town will vote to appropriate by transfer the sum of $______________ from Free Cash to stabilized the tax rate, for the purpose of funding increased inspections for the Greater Lowell Technical High School, or take any other action relative thereto. Transfer from: Free Cash $_________ Transfer to: General Fund (Reduce Tax Rate) $_________ Submitted by: Board of Selectmen and Finance Committee

Article 12. To see if the Town will vote to raise and appropriate and transfer to a special purpose Compensated Absence Fund the sum of $_________________ for the purpose of funding the future payment of accrued liabilities for compensated absences due any Town employee upon the termination of such employee’s employment, or take any other action relative thereto Submitted by: Board of Selectmen and Finance Committee

Article 13: Transfer of Funds. To see if the Town will vote to appropriate by transfer from Free Cash (available funds) the sum of $139,965.56 to supplement the Tyngsborough School Budget for fiscal year 2016 to be expended by the School Committee. Said amount represents reimbursements made through June 30, 2015 from the Municipal Medicaid Program for school services provided to eligible residents, or take any other action relative thereto. Submitted by: Board of Selectmen and School Committee

Article 14: Appropriation – Capital Improvements for Fiscal Year 2017. To see if the Town will vote to transfer from available funds the sum of $283,523.00, and that the Town be authorized to accept any available grant dollars, for the following purposes:

Department Project Amount To be Expended by Fire Department Portable Radios $24,000 Selectmen Police Department Portable Radios $30,676 Selectmen Highway ¾-Ton Truck with Plow $50,000 Selectmen Selectmen Town Offices Improvements $62,847 Selectmen Information Tech. Town Hall Phone system $21,000 Selectmen School Technology Replacement $50,000 School Committee School Maintenance vehicle $45,000 School Committee

$283,523

5

for a total of $283,523.00, or take any other action relative thereto. Submitted by: Board of Selectmen and Capital Asset Management Committee

Article 15: Appropriation – Sewer Enterprise Fund for Fiscal Year 2017. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to be expended by the Sewer Commission to operate the Sewer Enterprise for Fiscal Year 2017 as follows: That the following sums be appropriated: SHOWN IS FY16

Salaries & Stipends $ 195,554.00 Expenses $ 727,404.00 Capital Outlay $ 863,750.00 Debt $ 75,318.00 Subtotal $ 1,862,026.00 Indirect Costs to General Fund $ 114,819.00 Total $ 1,976,845.00

That $1,862,026 be appropriated from the Sewer Enterprise fund

Department receipts $ 1,209,715.00 Retained Earnings $ 767,130.00 Total $ 1,976,845.00

That $114,819.00 be included in appropriations from the General Fund for indirect costs and be allocated to the Sewer Enterprise for funding, or take any other action relative thereto.

Submitted by: Sewer Commissioners

Article 16: Appropriation – Ambulance Enterprise Fund for Fiscal Year 2017. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to be expended by the Board of Selectmen to operate the Ambulance Enterprise for Fiscal Year 2017 as follows: Article 17: Authorization of the Board of Selectmen Regarding Contracts in Excess of Three Years. To see if the Town will vote to authorize the Board of Selectmen to enter into Lease/Purchase Agreements up to five years to purchase equipment for Town Departments. Said contracts shall be subject to annual appropriations, or take any other action relative thereto. Submitted by: Board of Selectmen Article 18: Authorization to Accept Chapter 90 Funds. To see if the Town will vote to accept the State Grant of Chapter 90 Highway Funds and authorize the Board of Selectmen to expend said funds for Highway purposes in accordance with the terms of said grants; or take any other action relative thereto. Submitted by: Board of Selectmen

6

Article 19: Continue and Approve Revolving Funds. To see if the Town will vote to authorize pursuant to the authority granted under Massachusetts General Laws Chapter 44, Section 53E½ the following revolving funds for the purpose of receiving fees and making disbursements in connection with the duties of the following town entities or as so specified below, and that any surplus revenue accumulated in FY2016 and FY2017 shall remain in the revolving accounts for each of the following town entities: Change amounts???

Fund Programs and Purposes Departmental Receipts

Authorization Max. Annual Expenditure

Fire Department Fire programs and materials

Hazmat fees Board of Fire Engineers

$10,000.00

Ambulance Ambulance programs and materials

Fees Board of Fire Engineers $50,000.00

Recreation Committee

Recreational programs and activities

Fees collected from participants

Board of Selectmen $120,000.00

Old Town Hall Old Town Hall operation and maintenance

Fees Board of Selectmen $25,000.00

School Field Use Committee

Field maintenance Field use fees School Field Use Committee

$50,000.00

Recycling Committee

Recycling programs and materials


Board of Health $7,000.00

Board of Health Collection and disposal of bulky items and appliances



Board of Health Reimbursement program for Medicare Plan members

Medicare reimbursements


Conservation Commission

Conservation Commission activities

Fees from local Wetland Protection By-law

Conservation Commission

$5,000.00

Sealer of Weights and Measures

Inspection activities Fees collected from participants

Board of Selectmen

$3,000.00

or take any other action relative thereto. Submitted by: Town Entities as shown

Article 20. To see if the Town will vote to establish a TRAFFIC POLICE DETAIL Revolving Fund as authorized by Chapter 44, §53E½ of the Massachusetts General Laws. This fund shall be funded by citations and other traffic violations charged. These funds may be expended without further appropriation for wages and expenses related to traffic and roadway safety. The Board of Selectmen may expend from this account an amount not to exceed $30,000 for the fiscal year beginning July 1, 2016, or take any action in relation thereto.

7

Submitted by: Board of Selectmen

Article 21. To see if the Town will vote to transfer an amount in FY16 from Stabilization Fund for Debt & Debt Assessment and said funds be used by the Treasurer to be used towards the payment of debt principal and interest for the Early Childhood Center (ECC) Roof, 135 Coburn Road, and the Greater Lowell Technical High School for Debt Assessment; or to take any other action relative thereto. Transfer from: Stabilization Fund for Debt & Debt Assessment $59,645.00 Transfer to: Long Term Debt Principal $50,000.00 Long Term Debt Interest $ 9,645.00 Transfer from: Stabilization Fund for Debt & Debt Assessment $72,707.00 Transfer to: Vocational School Assessment $72,707.00 Submitted by: Board of Selectmen

Article 22: Appropriation from Community Preservation Committee Fund. To see if the Town will vote a sum of money to be appropriated or reserved from estimated annual revenues of the Community Preservation Fund for the fiscal year 2017, with each item to be considered a separate appropriation, for the payment of administrative expenses of the Community Preservation Committee, debt service, community preservation projects, and all other necessary and proper expenses,

Description Amount Category Administrative Expenses $25,000.00 Administrative Lake Mascuppic Weed Control Program $7,000.00 Open Space/Rec Flint Pond Restoration $35,000.00 Open Space/Rec First Parish Fence $9,913.75 Open Space/Rec Winslow School $30,000.00 Historic Artifact Display Cabinet $4,000.00 Historic Pay off Red Pine Housing debt $299,909.90 Housing $100,090.10 U Fund Balance Pay off First Parish Meeting House debt $348,867.40 Historic $121,132.60 U Fund Balance Long Term Debt Services $______________ Interest on Long Term Debt $______________ Interest on Short Term Debt $______________ Total CPC Appropriations $______________ Reserve for Historic Preservation $______________ Reserve for Affordable Housing $______________ Reserve for Open Space $______________ FY 2017 Budgeted Reserve $______________

or take any other action relative thereto. Submitted by: Community Preservation Committee

Article: Report of the Community Preservation Committee – Appropriation From Community

Preservation Committee Fund. To receive the report of the Community Preservation Committee and to see if the

Town will vote to raise, borrow, transfer and/or appropriate from the Community Preservation Fund, in accordance

8

with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction

of the Community Preservation Committee, or to take any other action relative thereto.

Article 23. To see if the Town will vote to close the following account of the Community Preservation Fund by transferring the remaining balance of the account to the Community Preservation Account from which the funds were originally transferred as listed below or take any other action relative thereto. FROM: Acct. #230-183-6202-000 CPC project $1,000.00 TO: Acct. #230 CPC Reserve for Open Space $1,000.00 Submitted by: Community Preservation Committee

Article 24: Transfer of Overlay Funds. To see if the Town will vote to transfer funds in the amount of $_________ from a prior year overly to FY2016 overlay for the purpose of an abatement, or to take any other action thereto. Article 25: Transfer of Funds for Town Collector Retirement. To see if the Town will vote to raise and appropriate or transfer from available funds $_________ for the Town Collector’s planned retirement in May 2016, or to take any other action thereto.

MISCELLANEOUS ARTICLES

Article 26: Authorization to Sell Surplus Property. To see if the Town will vote to authorize the sale of surplus property, identified as ____________________________ Article 27: Amend Town Personnel Bylaw. To see if the Town will vote to amend the Town Personnel Bylaw by modifying the following language; or to take any other action relative thereto. (See Attached) Submitted by: Board of Selectmen

Article 28: Amend the Wetland Bylaw. To see if the Town will vote to amend the

Wetlands Bylaw, Article XXXIII, Section 5.1 by amending the following language;

5.1 Any person filing a permit application or a RDA with the Commission at the same time

shall give written notice thereof, by certified mail (return receipt requested) Certificate of

Mail or hand delivered, to all abutters at their mailing addresses shown on the most recent applicable tax list of the assessors,” or to take any other action relative thereto

Submitted by: Conservation Commission

9

Article 29: Transfer of Funds. To see if the Town will vote to appropriate by transfer from available funds $30,000.00 from the funds received through the Charles George landfill back tax settlement to be used for the cleanup of weeds and the restoration of Flint Pond and Lower Flint Pond, or to take any other action relative thereto. Submitted by: Board of Selectmen

CITIZEN PETITIONS: Article 30: Citizen Petition to Amend the Zoning Bylaw. To see if the Town will vote to amend the zoning map from Business (B3) to Industrial One (I1)….. Citizen Petition

And you are hereby directed to serve this Warrant, by posting attested copies thereof at the Town Hall, Kendall Road Fire Station No.1, Flint’s Convenient Store, Lakeview Avenue Community Center, Lakeview Avenue Fire Station No.2, in said Town, seven (7) days at least before the time of holding said meeting. HEREOF FAIL NOT, and make due return the Warrant, with your doings thereon to the Town Clerk at the time and place of meeting, aforesaid. Given under our hands and seals this 2nd day of May, in the year two thousand sixteen.

Board of Selectmen

_________________________________ _________________________________

_________________________________ _________________________________

_________________________________

Pursuant to the foregoing Warrant, I have notified and warned the inhabitants of the Town of Tyngsborough by posting attested copies of same at the Town Hall, Kendall Road Fire Station No. 1, Flint’s Convenience Store, Lakeview Avenue Community Center, and Lakeview Avenue Fire Station No. 2, and at least seven (7) days before the date thereof, as within directed. _____________________________________ Constable ___________________ ______________ Date Time

10

TOWN OF TYNGSBOROUGH

SPECIAL TOWN MEETING WARRANT May 17, 2016

7:30 PM

Article 1. Department Transfer Article 2. Prior Year Bill Article 3. Special Purpose Stabilization Fund for Debt/Debt Assessment Article 4. Transfer Funds into Stabilization Fund for Debt/Debt Assessment Article 5. Transfer Funds from Stabilization Fund for Debt/Debt Assessment for Payment

of Debt Article 6. Transfer Free Cash to Snow and Ice (if needed) Article 7. Sewer Enterprise Fund transfer Article 1. To see if the Town will vote to raise and appropriate, appropriate by transfer from available funds, and/or appropriate by transfer from one or more municipal government accounts a sum of money to supplement various municipal government groups for fiscal year 2015, or take any other action relative thereto. Petition of the Board of Selectmen

Article 2: Approve Payment of Prior Years Unpaid Bills. To see if the Town will vote to appropriate by transfer from Fiscal Year 2016 departmental appropriations the following amounts to pay prior years’ bills, or to take any other action relative thereto. Prior Year Invoices/Vendor Amount Department FY15 The Lowell Publishing Co. 266.64 Planning Board FY15 The Lowell Publishing Co. 266.64 Planning Board Submitted by: Board of Selectmen

Article 3. To see if the Town will vote under the provisions of G.L. c.40, §5B to create a special purpose Stabilization Fund for the purpose of reserving funds intended for Debt or Debt Assessments; or to take any other action relative thereto. Petition of the Board of Selectmen

Article 4. To see if the Town will vote to transfer a sum of money from FY16 available funds to fund the Stabilization Fund for Debt / Debt Assessment; or to take any other action relative thereto. Transfer from: Fund Balance Reserved – Reduction of Future Debt $274,814.00

Free Cash $387,026.00 Transfer to: Stabilization Fund for Debt & Debt Assessment $661,840.00 Petition of the Board of Selectmen

11

Article 5. To see if the Town will vote to transfer a specific amount in FY16 from Stabilization Fund for Debt / Debt Assessment and said funds be used by the Treasurer to be used towards the partial payment of debt principal for the ECC Roof; or to take any other action relative thereto. Transfer from: Stabilization Fund for Debt & Debt Assessment $9,211.50 Transfer to: Long Term Debt Principal $9,211.50 Petition of the Board of Selectmen

Article 6. Transfer from Free Cash to Snow and Ice (if needed) Petition of the Board of Selectmen

Article 7. To see if the Town will vote to raise and appropriate, appropriate by transfer from available funds, and/or appropriate by transfer from one or more municipal government accounts an amount to be expended by the Sewer Commissioners, or to take any other action relative thereto. Petition of the Sewer Commissioners

map 13, parcel 18 & 20, lot 0 - tyngsborough, ma · by-laws define a rifle range as follows:...

Documents