PLEASE READ ARTICLES IN THE WARRANT FOR THE ANNUAL TOWN MEETING TOWN OF DUXBURY SATURDAY, MARCH 14, 2020 AT 9:00 A.M. DUXBURY SCHOOLS PERFORMING ARTS CENTER 73 ALDEN STREET Page 1 of 70  ANNOUNCEMENT FROM THE MUNICIPAL COMMISSION ON DISABILITY The Annual Town Meeting will take place at the Duxbury Schools Performing Arts Center, 73 Alden Street, on March 14, 2020. This location will be equipped with an assistive listening system. The system amplifies the sound and transmits to a personal assistive listening device. You can control the volume. To borrow a receiver, please stop by the designated table at Town Meeting to sign out a device. When you are through for the day, please return the receiver to the sign-out table, as they are in limited supply. This is a program of your Municipal Commission on Disability to make the Town Meetings more accessible to all. Page 2 of 70  ANNUAL TOWN MEETING WARRANT TABLE OF CONTENTS Article # Article Title Page # 1 Election of Officers 8 2 Reports 8 3 Compensation of Elected Officials 8 4 Funding of Salaries 9 5 Operating Budget 14 6 Capital Budget 23 7 Small Equipment and Minor Services 27 8 Union Contracts 29 9 Electronic Balloting 29 10 Duxbury Beach Lease 29 11 Fourth of July Appropriation 30 12 Pilgrim Nuclear Power Plant Decommissioning - Safer Spent Fuel Storage 30 13 General By-Law Amendment – Town Meeting Warrant Publishing 31 14 Funding for Implementation of Recommendations of I.T. Study 32 15 Petition the Legislature to Allow an Enterprise Fund for the ROCCC 33 16 Compensation and Classification Study 33 17 Seawall Matching Grants Funds 33 18 Powder Point Bridge Repairs 34 19 Engineering Design Exit 10 / Tremont Street 34 20 Proposed Lease Between the Town of Duxbury and Alden Kindred of America, Inc. 35 21 Citizen’s Petition - Replacement of 4 Angled Parking Spaces in Halls Corner with One (1) Handicapped Space 36 Page 3 of 70  ANNUAL TOWN MEETING WARRANT TABLE OF CONTENTS Article # Article Title Page # 22 Citizens’ Petition – Amend Zoning By-Laws - Abutter Notification for Res. Bldg. Permits 37 23 Amend Zoning Bylaws: Flood Hazard Areas Overlay District 37 24 Amend Zoning Bylaws: Article 200 Establishment of Districts 39 25 Amend Zoning Bylaws: Move Uses to Use Table 40 26 Amend Zoning Bylaws: Administrative Cleanup and Current Zoning Maps 40 27 Amend General Bylaw – Add Stormwater and Illicit Discharge Bylaws 41 28 General Bylaw: Modify Chapter 12 Local Historic District Bylaw 56 29 Proposed New Local Historic Districts 57 30 Transfer of Town-Owned Land to the Duxbury Affordable Housing Trust Lincoln Street 59 31 Citizen’s Petition - Amend General Bylaws – Storage of Property at Shipyard Lane - Kayaks 60 32 CPC Operating Fund 62 33 CPC Allocations 62 34 Construction of Ball Field Dugouts at Upper High School and Train Fields 62 35 Construction of a Picnic Shelter at Train Field 63 36 Town Clerk Records Preservation 63 37 Provide Funding for Farmland Improvements to the DeLorenzo Farm 63 38 Housing Trust Transfer 64 39 Conservation Land Purchase – Temple Street - Harrington Property 64 40 Citizen’s Petition – CPA Surcharge 65 Page 4 of 70  ANNUAL TOWN MEETING WARRANT TABLE OF CONTENTS Article # Article Title Page # 41 Appropriate Funds for Town Pathways 65 42 NStar Easement Request 65 Terms Used in Municipal Finance Talent Bank Form Article Amendment Form Page 5 of 70  COMMONWEALTH OF MASSACHUSETTS TOWN OF DUXBURY - TOWN MEETING WARRANT Saturday, March 14, 2020 at 9:00 a.m. DUXBURY SCHOOLS PERFORMING ARTS CENTER 73 ALDEN STREET Plymouth, ss Greetings: To either of the Constables of the Town of Duxbury, in said County: In the name of the Commonwealth of Massachusetts you are directed to NOTIFY and WARN the INHABITANTS OF THE TOWN OF DUXBURY, qualified to vote in elections and in Town affairs, to meet in the Duxbury Schools Performing Arts Center, 73 Alden Street, in said Duxbury on Saturday, the fourteenth day of March, 2020 next, at 9:00 o'clock in the forenoon for the transaction of any business that may legally come before said meeting: Page 6 of 70  Duxbury Annual Town Election Saturday, March 28, 2020 Polls are open 8:00 a.m. – 8:00 p.m. ALL PRECINCTS VOTE at the Lt. Timothy Steele Athletic Building 130 Saint George Street, Duxbury, MA Page 7 of 70  ARTICLE 1 – ELECTION OF OFFICERS, ETC. To bring in their votes for the following offices: one SELECTMAN for a term of three years; one ASSESSOR for a term of three years; two SCHOOL COMMITTEE members for a term of three years; one PLANNING BOARD MEMBER for a term of five years; two LIBRARY TRUSTEES for a term of three years; and on the following question: Shall an act passed by the General Court entitled “An Act Expanding the Board of Selectmen of the Town of Duxbury” be accepted? On October 2, 2019, the above referenced act was signed into law. It provides for an increase in the size of the Board of Selectmen from three members to five members if the voters of the Town approve this question by majority vote. Yes___ No _____ Proposed by the Board of Selectmen ARTICLE 2 – REPORTS To receive the reports of Town Officials, Boards, Committees, and Commissions, or take any action in relation thereto. Proposed by the Board of Selectmen Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Voted 7-0 to Recommend ARTICLE 3 – COMPENSATION OF ELECTED OFFICIALS To see what action the Town will take with regard to fixing the compensation of the elected Town Officers for the twelve-month period beginning July 1, 2020, in accordance with M.G.L. Chapter 41, Section 108, or take any action in relation thereto. Proposed by the Board of Selectmen Finance Committee Recommended FY21 $40 Moderator Appropriated FY20 $40 Requested FY21 $40 BOS Recommended FY21 $40 Selectmen Chair Member Member $2,000 $1,500 $1,500 * $2,000 * $1,500 * $1,500 * $2,000 * $1,500 * $1,500 $2,000 $1,500 $1,500 Assessors Chair Member $2,000 $1,500 $2,000 $1,500 $2,000 $1,500 $2,000 $1,500 Page 8 of 70  Member $1,500 $1,500 $1,500 $1,500 Town Clerk $79,000 $81,400 $81,400 $81,400 TOTAL $89,000 $91,400 $91,400 $91,400 * = The Board of Selectmen takes no position on these items. Explanation: This article sets the salary limits for the elected officials. Article 5 funds the salaries. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Voted 7-0 to Recommend ARTICLE 4 – FUNDING OF SALARIES To see if the Town will approve a compensation plan, pursuant to the provisions of M.G.L. Chapter 41, Section 108A and the Personnel By-law, for Fiscal Year 2021 for all employees of the Town other than those positions filled by election, under the direction and control of the School Committee, or subject to a collective bargaining agreement executed pursuant to M.G.L. Chapter 150E, and raise and appropriate, and/or transfer from available funds, such sums of money as are necessary to implement the Personnel Policies, and provide funding for any other salary or compensation not addressed by the Personnel Policies as shown in the following tables, with text to be inserted shown in bold underline and text to be deleted shown in strikethrough (such markings for illustrative purposes only): Pay Schedule Effective July 1, 2020 Contract Employees Town Manager Police Chief Fire Chief Town Accountant Grade 10 Pay Ranges (FLSA exempt) Annually Minimum $90,000 Maximum $143,920 $148,093 Annually $70,500 $113,080 $116,359 Finance Director Department of Public Works Director Deputy Fire Chief Deputy Police Chief Chief Technology Officer Grade 9 Pay Ranges (FLSA exempt) Municipal Services Director Facilities Director Harbormaster Human Resources Director Page 9 of 70  Information Technology Director Library Director Public Safety Dispatch Director Water & Sewer Superintendent Grade 8 Pay Ranges (FLSA exempt) Annually $62,900 $96,838 $99,646 Annually $50,000 $77,100 $79,355 Annually $46,000 $68,876 $70,873 Assessing Director Buildings & Grounds Manager Cemetery Superintendent Conservation Agent Administrator Council on Aging Director Operations Manager Planning Director Recreation Director Town Accountant Treasurer/Tax Collector Grade 7 Pay Ranges (Mixed FLSA) Assistant Assessor Assistant Council on Aging Director Animal Control Officer Assistant Recreation Director Executive Assistant to Town Manager Executive Officer HVACR Technician Information Technology Support Technician Health Agent Library Division Head-Children's Services Library Division Head-Circulation Services Library Division Head-Reference Services Library Division Head-Technology Services Local Building & Code Enforcement Inspector (FLSA non-exempt) Grade 6 Pay Ranges (FLSA Exempt) Aquatic Supervisor Budget Analyst DPW Office Manager Human Resources Manager Lead Natural Resources Officer Page 10 of 70  Community Service Manager, COA Social Day Respite Program Manager, COA Veteran's Service Officer Grade 5 Pay Ranges (Mixed FLSA) Hourly $20.00 $29.81 $30.67 Hourly $19.00 $28.27 $29.09 Hourly $17.50 $25.29 $26.02 Hourly $16.00 $22.10 $22.74 Admin. Assistant to Chief (FLSA non-exempt) Aquatic Manager (FLSA Exempt) Endangered Species Officer (FLSA exempt) Front Office Manager, COA (FLSA non-exempt) Program Manager, COA (FLSA non-exempt) Volunteer Manager, COA (FLSA non-exempt) Food Service Manager, COA (FLSA non-exempt) Finance Manager (FLSA non-exempt) Media/Communications Manager (FLSA nonexempt) Home Delivered Meals Manager (FLSA non-exempt) Grade 4 Pay Ranges (FLSA Non-exempt) Admin. Assistant to Town Manager/BOS Admin. Assistant to Director Admin. Assistant to Harbormaster Admin. Assistant to Cemetery Superintendent Benefits Specialist Police Prosecution Assistant Finance Supervisor, COA Grade 3 Pay Ranges (FLSA Non-exempt) Department Assistant Finance Assistant, COA Community Service Coordinator, COA Program Activities Coordinator, Activities, COA Program Coordinator, Home Delivered Meals, COA Program Coordinator, Media/Comm., COA Transportation Coordinator Grade 2 Pay Ranges (FLSA Non-exempt) Program Assistant, Front Desk, COA Social Day Program Assistant, Respite, COA Page 11 of 70  Grade 1 Pay Ranges (FLSA Non-exempt) Hourly $14.50 $20.06 $20.64 Hourly $22.00 $31.62 $32.53 Hourly $16.48 $24.00 $22.25 $25.97 Food Service Associate, COA Administrative Associate, COA Schedule P.S. (FLSA Non-exempt) Building Inspector Plumbing/Gas Inspector Wiring Inspector Police Officers (FLSA Non-exempt) Intermittent Police Exempt compensation is based on 40 hrs./week, non-exempt compensation is based on 37.5 hrs./week. Compensation Schedule A Classification Alternate Inspector of Buildings Alternate Plumbing Inspector Alternate Wiring Inspector Special Detail Pay Rate $22.00 per hour $22.00 per hour $22.00 per hour Appropriate detail rate The classifications listed in Compensation Schedule A are those positions which are fixed in their compensation, receive no vacation, holiday, sick, call back, or termination pay. Service credit for time spent in these positions may not be used under other sections of the Plan. All positions require the use of advertising to solicit new employees. All positions may require a physical examination, and may be reviewed for performance purposes by the employee’s immediate supervisor. Compensation Schedule B Classification Clerical Assistance for Town Committees and Boards (non-union positions only) Clerk, Registrar of Voters Election Warden Election Worker Inspector of Animals Juvenile Officer Lockup Keeper Police Matron Pay Rate Appropriate rate as determined by Town Manager Pursuant to M.G.L. Chapter 41, Section 19G $13.00* per hour $11.00 per hour $12.75* $900.00 per year $150.00 per year None $11.00 per hour Page 12 of 70  $12.75* $14.00 $3,000.00 $200.00 Registrar of Voters Sealer of Weights & Measures Town Clock Custodian per hour per year per year * This figure will change to $13.50 effective 1/1/21 The classifications listed in Compensation Schedule B are those positions which are fixed in their compensation, receive no vacation, holiday, sick, call back, or termination pay. Service credit for time spent in these positions may not be used under other sections of the Plan. No advertising is necessary to fill these positions. No physicals are required, except as otherwise determined by the Town Manager. These positions may be reviewed, for performance purposes, by the employee’s immediate supervisor. Compensation Schedule R Classification Hourly Minimum $12.00 $12.75 Maximum $50.00 Animal Shelter Attendant Assistant Animal Control Officer Beach Ranger Bus Dispatcher Bus Driver Call Firefighter (2 hour minimum per call) Deputy Natural Resources Officer Emergency Operations Center Specialist Harbormaster Assistant Home Delivered Meals Assistant Intermittent Instructor Kennel Attendant Lead Natural Resources Officer Lead Shorebird Monitor Supervisor Land Management Assistant Librarian Intermittent Lifeguard Part-time Public Safety Dispatcher Program Coordinator Recreation Specialist Recreation Supervisor Social Day Respite Assistant Intermittent Seasonal Assistant Seasonal Laborer Senior Tax Work Off Shorebird Monitor Page 13 of 70  Shorebird Monitor Supervisor Special Police Officer Swim Coach Water Safety Instructor The classifications listed in “Compensation Schedule R” are those positions which receive no vacation, holiday, sick, call back, or termination pay. Service credit for time spent in these positions may not be used under other sections of the Plan. Once a rate of pay has been established for an employee, such rate may not change for a period of at least six months. After that time, as long as there is a reasonable basis determined by the Department Head, employees in these positions will be reviewed annually/seasonally for performance purposes and will be eligible for a performance-based merit award from the employee’s immediate supervisor, with the approval of the Department Head and Town Manager via the Personnel Action Request Form. Positions may require the use of advertising; or take any action in relation thereto. Proposed by the Human Resources Director/Board of Selectmen/Town Manager Explanation: This article establishes the compensation plan in accordance with the Personnel By-Law and Personnel Policies and provides for the funding of non-union employee cost items not included in the Operating Budget such as tuition reimbursement, and pay changes for the next fiscal year. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Vote Available at Town Meeting ARTICLE 5 – OPERATING BUDGET To see if the Town will raise and appropriate, and/or transfer from available funds, including the Water Enterprise Fund, in accordance with M.G.L. Chapter 44, Section 53F½, such sums of money as it determines necessary for Town expenses and charges, including, without limitation of the foregoing, debt and interest, wages, salaries, Reserve Fund, and expenses for operation of the Town’s departments and offices, all for the Fiscal Year beginning July 1, 2020, and ending June 30, 2021, inclusive, in accordance with the following schedule, which is incorporated by reference herein (see Article 5, FY21 Operating Budget on following pages), or take any action in relation thereto. Proposed by the Finance Committee Explanation: This article presents the FY 2021 Annual Budget. (Please see the proposed FY 2021 budget on the following pages.) Page 14 of 70  TOWN OF DUXBURY Operating Budget - Fiscal Year 2021 LINE # DEPARTMENT FY 2020 BUDGET FY 2021 DEPT. REQ. FY 2021 TOWN MGR FY 2021 FIN COMM GENERAL GOVERNMENT 113 - Town Meeting 1 Expenses 4,300 3,200 3,200 3,200 40 40 40 40 114 – Moderator 2 Salaries 122 - Selectman/Manager 3 Salaries 291,104 289,254 289,254 289,254 4 Expenses 13,792 13,683 13,683 13,683 1,050 1,050 1,050 1,050 0 0 0 0 450 450 450 450 129 - Historical Commission 5 Expenses 131 - Finance Committee 6 Salaries 7 Expenses 135 – Accounting 8 Salaries 364,509 354,814 354,814 354,814 9 Expenses 12,105 12,105 12,105 12,105 48,000 50,000 50,000 50,000 136 – Audit 10 Expenses 141 – Assessors 11 Salaries 248,332 225,157 225,157 225,157 12 Expenses 22,000 22,000 22,000 22,000 278,155 291,832 291,832 291,832 84,672 115,352 115,352 115,352 145 - Treasurer/Collector 13 Salaries 14 Expenses Page 15 of 70  TOWN OF DUXBURY Operating Budget - Fiscal Year 2021 LINE # DEPARTMENT FY 2020 BUDGET FY 2021 DEPT. REQ. FY 2021 TOWN MGR FY 2021 FIN COMM 151 - Legal Services 15 Expenses 200,200 200,200 200,200 200,200 152 - Human Resources 16 Salaries 138,494 139,537 139,537 139,537 17 Expenses 36,560 37,800 37,800 37,800 155 - Information Systems 18 Salaries 171,596 171,596 296,596 296,596 19 Expenses 413,535 419,496 419,496 419,496 296,800 303,475 303,475 303,475 8,000 7,500 7,500 7,500 156 - Public Television Access Services 20 Expenses 158 - Tax Title 21 Expenses 161 - Town Clerk 22 Salaries 159,751 168,210 168,210 168,210 23 Expenses 27,755 32,045 32,045 32,045 171 - Conservation Commission 24 Salaries 151,196 150,381 150,381 150,381 25 Expenses 13,615 13,615 13,615 13,615 175 - Planning Board 26 Salaries 136,400 137,868 137,868 137,868 27 Expenses 11,105 9,950 9,950 9,950 197 - Facilities Management 28 Salaries 237,832 238,899 243,086 243,086 29 Expenses 179,750 183,775 183,775 183,775 3,551,098 3,593,284 3,722,471 3,722,471 Sub-Total: General Government Page 16 of 70  TOWN OF DUXBURY Operating Budget - Fiscal Year 2021 LINE # DEPARTMENT FY 2020 BUDGET FY 2021 DEPT. REQ. FY 2021 TOWN MGR FY 2021 FIN COMM PUBLIC SAFETY 210 - Police 30 Salaries 31 Expenses 3,250,643 3,461,718 3,474,968 3,474,968 423,010 429,612 429,612 429,612 2,998,119 3,129,434 3,129,434 3,129,434 366,750 367,700 367,700 367,700 220 - Fire 32 Salaries 33 Expenses 299 - Regional Dispatch 34 Salaries 659,847 706,786 706,786 706,786 35 Expenses 33,500 30,000 30,000 30,000 241 - Municipal Services 36 Salaries 547,117 558,309 558,309 558,309 37 Expenses 34,200 28,613 28,613 28,613 295 - Harbor/Coastal Management 38 Salaries 243,847 254,750 254,750 254,750 39 Expenses 48,350 52,550 52,550 52,550 634 – Beach Operations 40 Salaries 92,500 180,427 156,309 156,309 41 Expenses 24,500 40,200 38,800 38,800 8,722,383 9,240,099 9,227,831 9,227,831 64,603 67,658 54,408 54,408 154,925 160,675 160,675 160,675 8,250 7,250 7,250 7,250 Sub-Total: Public Safety PUBLIC WORKS 192 - Central Building Services 42 Salaries 43 Expenses 194 - Tarkiln Community Center 44 Expenses Page 17 of 70  TOWN OF DUXBURY Operating Budget - Fiscal Year 2021 LINE # DEPARTMENT FY 2020 BUDGET FY 2021 DEPT. REQ. FY 2021 TOWN MGR FY 2021 FIN COMM 292 - Animal Control 45 Salaries 46 Expenses 85,742 85,742 85,742 85,742 7,450 7,550 7,550 7,550 294 - Lands & Natural Resources 47 Salaries 490,814 499,870 499,870 499,870 48 Expenses 54,200 47,200 47,200 47,200 244,484 237,500 237,500 237,500 418 - Central Fuel Depot 49 Expenses 419 - DPW Administration 50 Salaries 333,288 303,023 297,488 297,488 51 Expenses 72,200 71,700 71,700 71,700 421 - Vehicle Maintenance 52 Salaries 172,917 180,740 180,740 180,740 53 Expenses 172,000 183,500 183,500 183,500 422 - Highway/Road Maintenance 54 Salaries 494,884 513,566 513,566 513,566 55 Expenses 87,000 89,700 89,700 89,700 75,000 63,750 63,750 63,750 125,000 138,600 138,600 138,600 45,000 45,000 45,000 45,000 423 - Snow and Ice 56 Salaries 57 Expenses 424 - Street Lights 58 Expenses 431 - Transfer Station 59 Salaries 227,809 245,038 245,038 245,038 60 Expenses 701,400 911,800 911,800 911,800 Page 18 of 70  TOWN OF DUXBURY Operating Budget - Fiscal Year 2021 LINE # DEPARTMENT FY 2020 BUDGET FY 2021 DEPT. REQ. FY 2021 TOWN MGR FY 2021 FIN COMM 440 - Sewer 61 Salaries 62 Expenses 16,613 17,018 17,018 17,018 247,100 245,100 245,100 245,100 491 - Cemetery 63 Salaries 419,265 428,754 428,754 428,754 64 Expenses 215,144 207,200 207,200 207,200 4,515,088 4,757,934 4,739,149 4,739,149 Sub-Total: DPW HUMAN SERVICES 541 - Council on Aging 65 Salaries 462,591 464,351 464,351 464,351 66 Expenses 177,230 180,855 180,855 180,855 543 - Veterans Services 67 Salaries 44,369 44,369 44,369 44,369 68 Expenses 99,375 99,400 99,400 99,400 500 500 500 500 784,065 789,475 789,475 789,475 1,002,316 1,033,740 1,033,740 1,033,740 369,887 359,230 359,230 359,230 840 - Ply. Cty. Coop. Ext. 69 Expenses Sub-Total: Human Services LIBRARY & RECREATION 610 - Library 70 Salaries 71 Expenses 630 - Recreation 72 Salaries 243,276 237,696 237,696 237,696 73 Expenses 12,120 12,120 12,120 12,120 Page 19 of 70  TOWN OF DUXBURY Operating Budget - Fiscal Year 2021 LINE # DEPARTMENT FY 2020 BUDGET FY 2021 DEPT. REQ. FY 2021 TOWN MGR FY 2021 FIN COMM 631 - Percy Walker Pool 74 Salaries 196,649 194,401 194,401 194,401 75 Expenses 145,840 146,238 146,238 146,238 33,480 34,440 34,440 34,440 2,693 2,473 2,473 2,473 1,500 1,500 1,500 1,500 2,007,761 2,021,838 2,021,838 2,021,838 29,739,989 30,707,093 30,707,093 30,707,093 7,196,958 7,142,907 7,142,907 7,142,907 36,936,947 37,850,000 37,850,000 37,850,000 625,000 662,350 661,350 661,350 12,000 12,000 12,000 12,000 633 - Beach Life Guards 76 Salaries 77 Expenses 632 - North Hill Golf Course 78 Expenses Sub-Total: Library & Recreation SCHOOLS 79 80 300 - Duxbury Schools - Operating Budget Salaries Expenses Sub-Total: School Direct Costs TOWN & SCHOOL SHARED COSTS EMPLOYEE BENEFITS 81 916 – Medicare 82 915 - Life Insurance 83 914 - Employee & Retiree Health Insurance 8,543,417 9,054,689 8,929,689 8,929,689 84 911 - Contributory Pensions 3,688,798 3,979,033 4,177,733 4,177,733 Page 20 of 70  TOWN OF DUXBURY Operating Budget - Fiscal Year 2021 LINE # DEPARTMENT 85 909 - Non-Contributory Pensions 86 945 - Workers Compensation Sub-Total: Employee Benefits FY 2020 BUDGET FY 2021 DEPT. REQ. FY 2021 TOWN MGR FY 2021 FIN COMM 20,000 20,000 20,000 20,000 350,514 314,464 314,464 314,464 13,239,729 14,042,536 14,115,236 14,115,236 OTHER SHARED COSTS 87 945 - Fire, Liability, Insurance 532,218 552,423 552,423 552,423 88 132 - Reserve Fund 149,015 157,920 157,920 157,920 681,233 710,343 710,343 710,343 Sub-Total: Liability Insurance/Reserve Fund DEBT SERVICE TOWN & SCHOOL 89 710 - Principal Payments 5,940,690 6,166,908 6,166,908 6,166,908 90 751 - Interest on Bonded Debt 2,556,337 2,321,876 2,321,876 2,321,876 91 752 - Interest on Temporary Notes 10,000 20,325 20,325 20,325 92 753 - Bond Expense 10,000 10,000 10,000 10,000 8,517,027 8,519,109 8,519,109 8,519,109 795,606 838,382 838,382 838,382 1,198,650 1,215,392 1,215,392 1,215,392 1,994,256 2,053,774 2,053,774 2,053,774 Sub-Total: Debt Service OPERATING BUDGET - WATER 450 - Water 93 Salaries 94 Expenses Sub-Total: Water Operations Page 21 of 70  TOWN OF DUXBURY Operating Budget - Fiscal Year 2021 LINE # DEPARTMENT FY 2020 BUDGET FY 2021 DEPT. REQ. FY 2021 TOWN MGR FY 2021 FIN COMM DEBT SERVICE WATER 95 710 - Principal Payments 473,982 415,664 415,664 415,664 96 751 - Interest on Bonded Debt 98,654 93,830 93,830 93,830 97 752 - Interest on Temporary Notes 10,000 25,000 25,000 25,000 98 753 - Bond Expense 10,000 10,000 10,000 10,000 592,636 544,494 544,494 544,494 81,542,223 84,056,886 84,293,720 84,293,720 Sub-Total: Water Debt TOTAL – ALL BUDGETS     Page 22 of 70  ARTICLE 6 – CAPITAL BUDGET To see if the Town will raise and appropriate, and/or transfer from the Water Enterprise Fund, the Stabilization Fund, or other available funds, or authorize borrowing or leasing, a sum or sums of money for capital projects and/or equipment, including, where appropriate, constructing, furnishing, and equipping and all other incidental and related costs, in accordance with the following capital budget schedule, which is incorporated by reference herein, and to authorize the Board of Selectmen to enter into lease purchase agreements, or other contracts hereunder, for terms in excess of three years, and further to authorize the Board of Selectmen, acting as Water Commissioners, to impose betterments pursuant to M.G.L. Chapters 80 and 83 (see Article 6 Capital Projects Requests to follow); or take any action in relation thereto. Proposed by the Fiscal Advisory and Finance Committees A two-thirds vote of Town Meeting is required to approve this article if a borrowing, transfer from a stabilization account, or a lease/purchase is authorized. Explanation: This article presents the FY 2021 Capital Budget. (Please see the proposed FY 2021 Capital Budget on the following pages.) Page 23 of 70  Article 6 - Capital Budget Line # Project Requests Fiscal 2021 Request Town Manager Recommendation Fiscal Advisory Recommendation Finance Committee Recommendation 8,750 8,750 8,750 8,750 25,000 25,000 21,244 25,000 26,000 26,000 26,000 26,000 822,400 822,400 822,400 30,000 30,000 822,400 - 912,150 912,150 878,394 962,150 380,620 380,620 380,620 380,620 GENERAL GOVERNMENT Selectmen/Town Manager 1 Engineering & Design Permitting Beach Finance 2 Records Management System (Phase II) Conservation 3 Replace Pick-up Truck Facilities Management 4 Chandler HVAC Modernization 5 Pool-Safety Rooftop Platform GENERAL GOVERNMENT TOTAL 80,000 PUBLIC SAFETY Police 6 Digital Radio Communication 7 Special Services Vehicle 49,285 49,285 49,285 - 8 Beach Vehicle 47,513 47,513 30,000 30,000 Fire 9 Replace LP15 EKG/Defibrillator 31,000 31,000 31,000 31,000 10 Harbormaster Replace 135 H.P. Engine Marine Unit 5 10,517 10,517 - - 11 Replace Marine Unit 3 and Trailer 18,341 18,341 18,341 18,341 12 Replace Town Float 14,500 14,500 14,500 14,500 551,776 551,776 523,746 474,461 PUBLIC SAFETY TOTAL A@T.M. = Available at Town Meeting Page 24 of 70  Article 6 - Capital Budget Line # Project Requests Fiscal 2021 Request Town Manager Recommendation Fiscal Advisory Recommendation Finance Committee Recommendation 17,715 17,715 17,715 17,715 PUBLIC WORKS Lands and Natural Resources 13 Aquacide Weed Control Machine 14 Replace Truck # 21 151,961 151,961 151,961 151,961 15 Replace Toro Mower 115,269 115,269 - - 16 Replace Truck # 23 279,756 279,756 - - 66,975 66,975 66,975 66,975 30,157 30,157 30,157 30,157 Fuel Depot 17 Install Roof Canopy Vehicle Maintenance 18 Tire Changer & Balancer Crematory/Cemetery 19 Replace Truck #71 - 1 Ton Dump 63,261 63,261 63,261 63,261 20 Replace 2009 Utility Cart 20,320 20,320 - 20,320 745,414 745,414 330,069 350,389 PUBLIC WORKS TOTAL CULTURE & RECREATION Recreation 21 Rehab Wadsworth Tennis Courts 18,000 - 18,000 18,000 22 Convert Alden Tennis Courts to Basketball 15,000 15,000 15,000 15,000 Replace Pool Water and Acid Wash 110,000 110,000 110,000 110,000 LIBRARY & RECREATION TOTAL 143,000 125,000 143,000 143,000 Percy Walker Pool 23 A@T.M. = Available at Town Meeting Page 25 of 70  Article 6 - Capital Budget Line # Project Requests Fiscal 2021 Request Town Manager Recommendation Fiscal Advisory Recommendation Finance Committee Recommendation DUXBURY SCHOOLS 24 Acoustic Performance Shell 16,434 16,434 - - 25 Chandler Library - Carpet Replacement 17,000 17,000 17,000 17,000 26 Musical Instrument Replacement 17,600 17,600 27 Replace Kubota 20,000 20,000 17,600 20,000 17,600 20,000 28 Replace and Extend Fencing 30,000 30,000 6,500 25,000 29 District Wide Furniture Replacement 40,306 40,306 40,306 40,306 30 Network Infrastructure Improvements 78,606 78,606 31 Turf Field Replacement 100,000 100,000 78,606 100,000 78,606 100,000 SCHOOL DEPARTMENT TOTALS 319,946 319,946 280,012 298,512 2,672,286 2,654,286 2,155,221 2,228,512 150,000 150,000 150,000 150,000 GENERAL FUND TOTAL WATER ENTERPRISE FUND 32 Water Main Rehabilitation 33 Replace 3/4 Ton Utility Truck 50,040 50,040 50,040 50,040 34 Replace Truck #3 96,121 96,121 - 96,121 296,161 296,161 200,040 296,161 WATER ENTERPRISE FUND TOTAL A@T.M. = Available at Town Meeting Page 26 of 70  ARTICLE 7 – SMALL EQUIPMENT AND MINOR SERVICES To see if the Town will raise and appropriate, and/or transfer from available funds, a sum of money to repair, purchase, lease, conduct studies, and/or replace departmental property and equipment for the various departments as listed herein; including, where appropriate, constructing, furnishing, and equipping, and all other incidental and related costs, and to authorize the Board of Selectmen to enter into lease purchase agreements, or other contracts hereunder, for terms in excess of three years; or take any action in relation thereto. Proposed by the Town Manager and Finance Director A two-thirds vote of Town Meeting is required to approve this article if a borrowing, transfer from a stabilization account, or a lease/purchase is authorized. Explanation: This article would provide funding for items that either do not meet the definition of capital items or the minimum $15,000 threshold for consideration under Article 6. (Please see the proposed Small Equipment and Minor Services budget on the following pages.) Article 7 - Small Equipment and Minor Services Line # Project Requests Fiscal 2021 Request Town Manager Recommendation Finance Committee Recommendation 1 BOS / Town Hall Irrigation System $10,710 $10,710 $10,710 2 3 Police Department 2020 Kawasaki UTV Speed Monitor Trailer $13,575 $10,383 $13,575 $10,383 $13,575 $10,383 4 5 Fire Department Lucas CPR Device Repair/Refurbish Ladder 1 $15,422 $15,000 $15,422 $15,000 $15,422 $15,000 6 7 Harbormaster Aids to Navigation Buoys Office Chairs $9,460 $1,080 $9,460 $1,080 $9,460 $1,080 8 9 School Department Carpet Replacement Replace Storage Shed - Athletics $7,000 $5,000 $7,000 $5,000 $7,000 $5,000 Page 27 of 70  Article 7 - Small Equipment and Minor Services Line # Project Requests Fiscal 2021 Request Town Manager Recommendation Finance Committee Recommendation 10 DPW - Highway Engine Diagnostics Scanner $7,474 $7,474 $7,474 11 Cemetery Grave Trench Shoring $3,876 $3,876 $3,876 12 Library Reupholster Sofas $4,415 $4,415 $4,415 13 Recreation Lifeguard Chair/Tower $2,500 $2,500 $2,500 14 North Hill Golf Course Replace Privacy Fence $7,500 $7,500 $7,500 $113,395 $113,395 $113,395 GENERAL FUND TOTAL Page 28 of 70  ARTICLE 8 – UNION CONTRACTS To see if the Town will raise and appropriate, and/or transfer from available funds, a sum of money to fund the cost items of the first fiscal year of collective bargaining agreements with any one or more of the following employee organizations for the fiscal year commencing July 1, 2020: A. B. C. D. E. F. G. H. I. J. K. Duxbury Police Union, MCOP Local 376B; Duxbury Police Commanders Association, MCOP Local 376; Duxbury Police Dispatchers Union, MCOP Local 376A; Duxbury Free Library Employees, Service Employees International Union, Local 888; Duxbury Permanent Firefighter’s Association, International Association of Firefighters Local 2167; Duxbury Municipal Employees, AFSCME, Council 93, Local 1700, Duxbury DPW Employees; Town of Duxbury Secretaries and Clerks, SEIU Local 888; Duxbury Teachers Association; Duxbury Teachers Association Instructional Assistants Unit C; Duxbury Secretaries/Clerks Association (School); and Local 1700, AFSCME, A.F.L.-C.I.O., Council 93 (School Custodians); or take any action in relation thereto. Proposed by the Board of Selectmen and School Committee Explanation: This article will fund the cost items of the first fiscal year of collective bargaining agreements for positions in each of the contracts included in the motion made at Town Meeting. Recommendations: Board of Selectmen Voted 2-0 to Indefinitely Postpone Finance Committee Voted 7-0 to Indefinitely Postpone ARTICLE 9 – ELECTRONIC BALLOTING To see if the Town will raise and appropriate, and/or transfer from available funds, a sum of money to fund the costs of operating electronic balloting, also known as electronic voting, at Town Meetings in FY 2021, or take any action in relation thereto. Proposed by the Board of Selectmen Explanation: This annual article will fund the cost of electronic balloting at Annual and Special Town Meetings. Currently, these funds reside in the Town Clerk’s budget. By making the funding mechanism an annual article, any leftover balance will be brought forward to cover expenses incurred at a subsequent Town Meeting. Periodically, this article can be adjusted to reflect the balance in prior year articles. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Voted 7-0 to Recommend ARTICLE 10 – DUXBURY BEACH LEASE To see if the Town will raise and appropriate and/or transfer from available funds a sum of money for the purpose of leasing Duxbury Beach, being that portion of land in the Towns of Duxbury and Plymouth Page 29 of 70  owned by Duxbury Beach Reservation, Inc., south of a line running approximately east to west along the northerly edge of the northerly parking area at the east end of the Powder Point Bridge (subject to an area of land excluded at High Pines used by the Duxbury Beach Reservation), and authorize the Board of Selectmen, or its designee, to execute a lease on behalf of the Town, for a period beginning on July 1, 2020, and ending June 30, 2021, on such terms and conditions as the Board of Selectmen deems in the best interests of the Town; or take any action in relation thereto. Proposed by the Board of Selectmen A two-thirds vote of Town Meeting is required to approve this article. Explanation: This article will fund the lease for the use of Duxbury Beach, which is owned by the Duxbury Beach Reservation, Inc. The lease period will run from July 1, 2020, to June 30, 2021, for which the annual payment will be $850,000. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Voted 7-0 to Recommend ARTICLE 11 – FOURTH OF JULY APPROPRIATION To see if the Town will raise and appropriate, and/or transfer from available funds, a sum of money to fund the Town of Duxbury’s Fourth of July parade, ceremony, and related activities; or take any action in relation thereto. Proposed by the Board of Selectmen Explanation: This is an annual article that allocates funds to be used for Duxbury’s Fourth of July parade and celebration. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Voted 7-0 to Recommend ARTICLE 12 – PILGRIM DECOMMISSIONING – SAFER SPENT FUEL STORAGE To see if the Town will vote to authorize the Town Clerk of Duxbury to forward the text of this Article to the Nuclear Regulatory Commission (NRC), Governor Baker, Attorney General Maura Healey, Duxbury’s State and Federal delegations, to all Select Boards within the Emergency Planning Zone of Pilgrim NPS, to Holtec Decommissioning International, LLC, and to Holtec Pilgrim, LLC, so that the following intent and needs of the Citizens of Duxbury are widely known: Pilgrim’s owner, Holtec Pilgrim, plans to store 61 casks of spent nuclear fuel 362 feet from, and visible from, a public road. The casks, each of which contains about ½ as much Cesium-137 as was released at Chernobyl, will be stored there for generations, perhaps indefinitely. Until the casks have been moved offsite, Holtec should take the following steps to protect the health, safety and economic interest of Duxbury and its residents: monitor in real-time each cask for heat, helium and radiation and link the readings to the Commonwealth; keep onsite a supply of spare overpacks for the casks; have at Pilgrim hot cells or other systems capable of moving spent nuclear fuel from a leaking or otherwise defective cask or canister Page 30 of 70  into a new canister; provide better security around the casks, and erect a barrier around the dry cask pad to prevent line of sight attack, or store the casks inside a reinforced building; or take any other action in relation thereto. Proposed by the Duxbury Nuclear Advisory Committee Explanation: Dry cask storage is safer than pool storage, but it is not without risk. We know from NRC documents, statements made by the maker of Pilgrim’s casks, and from vulnerability studies performed for the Massachusetts Attorney General that: Holtec’s thin (0.5”) stainless steel canisters may crack within 30 years; the canisters of spent nuclear fuel are subject to corrosion, exacerbated by salt air; no current technology exists to inspect, repair, or replace leaking or cracked canisters; and the casks are vulnerable to a terrorist attack. Holtec’s limited plan to monitor the casks means that we will only know after the fact that a cask has leaked radiation. Overpacks would reduce radiation leakage from a cask. Monitoring would provide advance warning of potential problems so that we would know before, and not after, about any problems inside the canister or that a cask has leaked. Hot cells (if and when they become available) would make it possible to move the nuclear fuel in a failed or defective canister into a new one. A protected area around the independent spent fuel storage installation including concrete vehicle barriers, lighting, cameras and intrusion detection equipment, cyber security measures, and a barrier at least five (5) feet higher than any cask would reduce the potential of a line-of-sight attack and provide much better security. Holtec’s profit from decommissioning Pilgrim will be hundreds of millions of dollars. It can afford to pay the relatively small expenses to protect the residents of Duxbury. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Vote Available at Town Meeting ARTICLE 13 – GENERAL BY-LAW AMENDMENT – TOWN MEETING WARRANTS PUBLISHING To see if the Town will vote to amend the General By-Laws, Chapter 2 – Town Meeting, Section 2.3.1, by deleting the language shown in strikethrough text and inserting the underlined text, all as set forth below: The Board of Selectmen shall be responsible for preparing all town meeting warrants. Warrants for all town meetings shall be served by posting an attested copy thereof in each precinct and on the Town’s official website, at least seven (7) days before the Annual Town Meeting and fourteen (14) days before a Special Town Meeting. In addition to posting copies of the warrant for any Special Town Meeting, a copy of the warrant shall be published in one Plymouth County newspaper with a regular circulation in the Town of Duxbury at least fourteen (14) days before the time of holding said Special Town Meeting. The warrant for the Annual Town Meeting shall be closed no later than 45 days preceding the date of such meeting. No Annual or Special Town Meeting shall be dissolved until all of the articles contained in the warrant for such meeting shall have been acted upon thereat; or take any action in relation thereto. Proposed by the Town Manager Page 31 of 70  Explanation: The cost of publishing both the Annual Town Meeting Warrant and the Special Town Meeting Warrant in one Plymouth County newspaper has continued to increase exponentially over the years. By posting the warrants on the Town’s website, residents will have immediate and easy access to the Warrants, while at the same time providing a cost-effective reduction to the Town Meeting budget. As always prior to any Town Meeting, hard copies of the posted Warrants will be available to the public in the Town Clerk’s office. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Voted 7-0 to Recommend ARTICLE 14 – FUNDING FOR IMPLEMENTATION OF RECOMMENDATIONS OF IT STUDY To see if the Town will raise and appropriate, and/or transfer from available funds, a sum of money for the purpose of funding the recommendations set forth below from the Town-wide Information Technology Master Plan, dated October 2019, prepared by Blum, Shapiro & Company, P.C.,; or take any other action in relation thereto. Duxbury IT Strategy Steering Committee FY 2021 Budget Recommendations Recommendation Amount Upgrade Windows 7 (Town Only) Office 365 Implementation (Town Only) Backup and Disaster Recovery Plan/Strategy (Town Only) $15,875 $45,000 $157,000 Total $217,875 Proposed by the Information Technology Steering Committee Explanation: During the March 2018 Annual Town Meeting, the Town approved Article 19, which authorized the Board of Selectmen to appoint an 11-member Information Technology (IT) Steering Committee and appropriated a sum of money to hire an independent consultant for the purpose of completing a Town-wide IT master plan for the Town of Duxbury. The IT Committee crafted a Request for Proposals (RFP) and concluded that process by selecting the consulting firm of Blum, Shapiro & Company, P.C., who assisted the Committee with scoping and development of a comprehensive Townwide 3-year IT Master Plan. All of the objectives of the IT Committee have been fulfilled and this article requests funding for the above recommendations as set forth in the October 2019 Final Report from Blum, Shapiro & Company, P.C. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Voted 7-0 to Recommend Page 32 of 70  ARTICLE 15 – PROPOSAL TO PETITION THE LEGISLATURE TO ALLOW THE TOWN OF DUXBURY TO ESTABLISH AN ENTERPRISE FUND FOR THE OPERATION OF THE “REGIONAL OLD COLONY COMMUNICATIONS CENTER” To see if the Town will authorize the Board of Selectmen to petition the state legislature for a home rule petition authorizing the Town of Duxbury, to establish an Enterprise Fund for the operation of the Regional Old Colony Communications Center, provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to the bill before enactment by the General Court, and provided further that the Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition, or take any action in relation thereto. Proposed by the Fire Chief, Finance Director and Town Manager Explanation: Currently, the Department of Revenue (DOR) does not allow the establishment of Enterprise Funds for public safety-related purposes. The Fire Department believes that the intent of the DOR in this regard is that individual taxpayers generally do not pay for use of police and/or fire services. The Department believes however, that the particular characteristics of operating a regional dispatch center are an appropriate exception to this general rule. The use of an enterprise fund will allow the Town to accurately capture all costs of operating the regional dispatch center, allowing it to better determine those costs that should be passed along to other member towns. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Vote Available at Town Meeting ARTICLE 16 – COMPENSATION AND CLASSIFICATION STUDY To see if the Town will raise and appropriate, transfer from available funds, borrow, or otherwise provide a sum of money for the purpose of undertaking a Compensation and Classification study; or take any action in relation thereto. Proposed by the Town Manager and Human Resources Director Explanation: The approval of this article would allow the Town to engage a third-party consultant to conduct a comprehensive study to evaluate salaries for internal equity, an external comparison of “peer” communities’ salaries and other related benefits for all positions within the Town. Through this study, the Town will review and evaluate whether salary and benefits are at the proper level and ensure that the Town offers competitive compensation packages that attract and retain talent. Upon completion of the project, a comprehensive report will be available for review and will further result in an action plan for further consideration. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Vote Available at Town Meeting ARTICLE 17 – SEAWALL MATCHING GRANT FUNDS To see if the Town will raise and appropriate and/or transfer from available funds a sum of money for the partial replacement of the seawall, including all incidental and related expenses, with such appropriation to constitute the required local match in connection with grant applications for such purposes, such sums to be expended under the discretion of the Town Manager; or take any other action in relation thereto. Page 33 of 70  Proposed by the Board of Selectmen, Town Manager, and Planning Department Explanation: As a result of Winter Storm Riley in March 2018, the Duxbury Beach Seawall sustained substantial damage. At the September 6, 2018 Special Town Meeting, the voters approved funding to cover the costs of emergency, temporary repairs, and services as a result of that damage. The Town is undergoing permitting for the permanent repairs, and it has become evident through the permitting process that the remaining sea wall is beyond its useful life, and in need of replacement. The purpose of this article is to authorize spending for the local match costs associated with applying for grant funds to support the permanent replacement of those portions of the sea wall not being repaired from the damages of Winter Storm Riley. The only currently identified source of grant funds to make such replacements is the Commonwealth Dam and Seawall Repair Grant Program. The purpose of this article is to provide the requisite 25% of matching funds needed should the Town be awarded grant funding through the State’s Dam and Seawall Repair program or other grant opportunities that may arise. Currently, the State’s program limits grant awards to municipalities to $1,000,000 per community and those funds may be used for the costs associated with permanent repairs to seawalls. Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting Fiscal Advisory Committee Vote Available at Town Meeting  ARTICLE 18 – POWDER POINT BRIDGE REPAIRS To see if the Town will raise and appropriate, and/or transfer from available funds a sum of money for the purpose of funding emergency repairs to be made to the Powder Point Bridge, including all incidental and related expenses such sums to be expended under the discretion of the Town Manager; or take any other action in relation thereto. Proposed by the Board of Selectmen, Town Manager and DPW Director Explanation: We have been working with our engineer on repairs to the Powder Point Bridge. As part of the requisite ongoing maintenance, this article seeks funding to cover the costs of engineering, environmental permitting, and construction for the project which includes repairs to piles identified by MassDOT as the most critical in immediate need of attention. The long-term objective is to make a series of smaller-scale repairs over the course of several years to ensure that the bridge in compliance with MassDOT requirements. Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting Fiscal Advisory Committee Vote Available at Town Meeting  ARTICLE 19 – ENGINEERING DESIGN EXIT 10 / TREMONT STREET To see if the Town will raise and appropriate, transfer from available funds, and/or borrow a sum of money for the purpose of funding the engineering design and construction oversight, and any and all other incidental or related costs, of proposed improvements to the intersection of Route 3A (Tremont Street) with Route 3 (Pilgrim Highway), as further identified in the Old Colony Planning Council MPO Transportation Improvement Plan (TIP) as MassDOT Project No. 606002, to be expended under the discretion of the Planning Director to secure professional engineering services, and, to meet said appropriation, to authorize Page 34 of 70  the Treasurer, with the approval of the Board of Selectmen, to borrow all or a portion of said sum under M.G.L. Chapter 44, Sections 7 or 8, or any other enabling authority, and to issue bonds or notes of the Town therefor, and, further, that any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with M.G.L. Chapter 44, Section 20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount, further, to authorize the Board of Selectmen and/or its designee to apply for, accept and expend any state and/or federal grants and/or loans or other public or private funds that may be available for the project and to execute any and all documents and take all other action necessary or convenient to undertake this project; or take any other action in relation thereto. Explanation: In the early 2000s, Duxbury engaged in the Island Creek Village Development permitting and through-traffic studies to project the need for future signalization, crosswalks, widening, and related improvements, all of which were identified as needed at this location (which location is on the shared town line of Duxbury and Kingston). The developer initiated the design and advanced the project onto the TIP as required through its permits. The intersection has recently been identified as the most dangerous intersection in the Town through the OCPC Route 3A Corridor Study (2016-17), and Duxbury and Kingston have reached an agreement to equally share the engineering costs which are currently estimated at $470,000, as well as to coordinate together the implementation of construction of the improvements. By doing the design work, the two towns will benefit as this will leverage construction money from MassDOT (or other state resources) to cover the cost to construct the needed safety improvements. MassDOT and the Old Colony Planning Council support the advancement of the project in the TIP if the towns complete the engineering and provide the construction oversight by the engineering designer. The Town of Kingston is advancing the same article at its upcoming spring town meeting. Submitted by the Planning Department A two-thirds vote of Town Meeting is required to approve this article if a borrowing is authorized or a transfer from a stabilization fund is made. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Voted 7-0 to Recommend Fiscal Advisory Committee Vote Available at Town Meeting  ARTICLE 20 – PROPOSED LEASE BETWEEN THE TOWN OF DUXBURY AND ALDEN KINDRED OF AMERICA, INC. To see if the Town will vote to authorize the Board of Selectmen to enter into a long-term [99-year] written lease between the Town of Duxbury and the Alden Kindred of America, Inc. for an approximately _____ acre portion of the John and Priscilla Alden Family Sites, located at 105 Alden Street and _____________, which property is owned by the Town, listed as a National Historic Landmark and contains the Alden First Site, using the boundaries specified in the National Historic Landmark nomination; or take any action in relation thereto. Proposed by the Board of Selectmen Explanation: To stand on the First Site property is one of the most powerful inducements to historical imagination possible. It is one of the ways that the Duxbury community personally connects with its Pilgrim legacy. Page 35 of 70  To commemorate the 400th anniversary of the arrival of the Mayflower, the Town and Alden Kindred of America, Inc. (“Kindred”) wish to enter into the aforementioned lease to ensure the long-term protection, preservation, and presentation of the so-called Alden First Site, principal home of Mayflower Passengers John and Priscilla Mullins Alden, and a location of national historical significance due to its past, present, and potential future archaeological importance. In 1960, pioneering historical archaeologist Roland Wells Robbins and Duxbury native Russell W. Edwards discovered the Alden First Site, whose early construction (c. 1635), anomalous long, narrow stone foundation, and remarkable artifact yield made it one of America’s most important sites to understand North America’s earliest English settlers. Recovered artifacts affirmed a long Native American presence as well. The fieldwork conducted there by Robbins represented the leading edge of the then new field of historical archaeology. Archaeologists believe that the undisturbed areas surrounding the foundation almost certainly hold additional archaeological evidence of high value. Therefore, the Town and Kindred agree that the Alden First Site should be protected, preserved, and managed according to standards that reflect the very highest possible levels of professional best practice. Through the lease instrument, the Town and Kindred agree that they will delineate responsibilities in the lease for the protection, preservation, and public presentation of the site. The additional purposes of the lease are to ensure: 1. Protection, maintenance, and preservation of the Alden First Site as a National Historic Landmark with Kindred as the Town’s designated agent to serve as the steward of the Alden First Site. 2. Access to and usage of the First Site including but not limited to pathways, parking, visitors and programs to be managed by Kindred in a manner that is agreeable to the Town. 3. That Kindred will act as the executive agent for the Town in vetting future archaeological fieldwork at the site to assure the long-term protection of the Alden First Site and its archaeological significance. Finally, through this proposed lease, the Town and Kindred acknowledge and reaffirm their shared stewardship responsibility for the Alden First Site, including its Native American history. The Town and Kindred therefore propose that to commemorate the 400th anniversary of the Mayflower’s arrival, the 2020 Duxbury Town Meeting consider and adopt this warrant article. Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting ARTICLE 21 – CITIZENS’ PETITION - REPLACEMENT OF FOUR (4) ANGLED PARKING SPACES IN HALLS CORNER BETWEEN 1 WASHINGTON STREET AND 5 STANDISH STREET WITH ONE (1) HANDICAPPED VAN-ACCESSIBLE PARALLEL PARKING SPACE To see if the Town will vote to replace 4 angled parking spaces in Halls Corner between 1 Washington Street and 5 Standish Street with 1 handicapped van-accessible parallel parking space; or take any other action in relation thereto. Proposed by Citizens’ Petition Page 36 of 70  Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting ARTICLE 22 – CITIZENS’ PETITION – AMEND ZONING BY-LAWS - ARTICLE 905 PLOT PLAN ACCOMPANYING APPLICATION, SECTION 905.2 To see if the Town will vote to amend the Zoning By-laws, Article 905 Plot Plan Accompanying Application, Section 905.2 Additional Requirements, with text to be inserted shown in bold underline (such markings for illustrative purposes only), as follows: 905.2 Additional Requirements In addition, for all new buildings and structures and all existing buildings and structures to be externally enlarged or expanded in ground area to an extent greater than thirty (30) percent of internal floor area or ground coverage, or six hundred (600) square feet, whichever is larger, plot plans shall show existing and approved abutting street grades, the proposed elevation of the top of the foundation of existing and proposed buildings or structures, existing and proposed topography, existing septic disposal 185 systems, private wells, wetland boundary delineation as approved by the Conservation Commission, gas, water and other public utilities in the abutting street and the zoning classification of the abutting properties. Plot plans shall also show such other information as may be necessary to provide for the verification of compliance with the applicable provisions and the enforcement of the Bylaw, including, but not limited to, off-street parking, screening and fencing. Plot plans shall be certified by a registered professional engineer or land surveyor. The applicant shall provide proof of written notification to the landowners of parcels of land that are adjacent and contiguous to the parcel of land that a building project, in excess of 1,000 square feet, is being submitted for a building permit. A record of all applications, plans and permits shall be kept on file by the Zoning Enforcement Officer. ; or take any other action in relation thereto. A two-thirds vote of Town Meeting will be required to approve this article. Proposed by Citizens’ Petition Recommendations: Board of Selectmen Voted 0-2 to Recommend Finance Committee Vote Available at Town Meeting ARTICLE 23 – AMEND ZONING BY-LAWS – FLOOD HAZARD AREAS OVERLAY DISTRICT To see if the Town will amend the Town of Duxbury Protective Bylaws (the “Zoning Bylaws”) by revising Sections 202.1 and Section 402.2 (Flood Hazards Areas Overlay District), with text to be deleted shown in strikethrough and text to be added shown in bold underline (such markings for illustrative purposes only), as follows: ARTICLE 202 LOCATION OF DISTRICTS 202.1 Zoning Map Page 37 of 70  Said districts are located and bounded as delineated on the "Town of Duxbury, Massachusetts Zoning Map" dated March 2009 as created by Greatwall GIS Services consisting of seven (7) sheets in total as revised and amended to date and on file in the office of the Town Clerk including the Wetland and Watershed Protection District Map dated March 4, 1971, as revised and amended to date and on file in the office of Town Clerk, and an Aquifer Protection District Map, dated January 15, 1986, as revised and amended March 24, 1993 and December 4, 2002 on file in the office of Town Clerk, and the Plymouth County Flood Insurance Rate Maps dated November 4, 2016 and July 22, 2020, and on file in the office of the Town Clerk. The zoning map with boundaries of the districts and all explanatory matter thereon is hereby made a part of this Bylaw. Any conflict between the map and the description of any district in the written terms of this Bylaw shall be resolved according to the written terms. and 402.2 Flood Hazard Areas Overlay District Boundaries The Flood Hazard Areas Overlay District shall be considered an overlay district throughout the Town. It shall include all special flood hazard areas within the Town, as shown and set forth in the Plymouth County Flood Insurance Rate Map (FIRM), panels 25023C0207J, 0209J, 0216J, 0217J, 0219J, 0236J, all dated July 17, 2012 25023C0207K, 0209K, 0216K,-0217K, 0219K, 0226L, 0228L, 0229L, 0236K, 0237L, 0238L, 0239L, 0241L, and 0356L all dated July 22, 2020, and panels 25023C0233K, 0234K, 0242K, 0243K, 0244K, 0263K, and 0357K all dated November 4, 2016, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP) designated as Zones A, AE, AO and VE, which indicate the 100-year regulatory floodplain. The exact boundaries of the District may be defined by the 100year base flood elevations shown on the FIRM and further defined by the Flood Insurance Study (FIS) reports dated November 4, 2016 and July 22, 2020. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, and available for viewing in the Planning Department; and further to authorize the Town Clerk to make non-substantive numbering and formatting changes to this By-law in order to make numbering conform to the numbering format on the Zoning By-laws; or take any other action in relation thereto. Explanation: The US Department of Homeland Security Federal Emergency Management Agency (FEMA) issued a new Preliminary Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for review by the Town of Duxbury and other areas of Plymouth County as part of an overall revision to the inland flood mapping for this region. The Town of Duxbury must adopt the new maps in order to comply with the regulatory requirements to participate in the National Flood Insurance Program, which offers discounts to its citizens and allows for eligibility for participation in flood hazard mitigation programs. The Town has reviewed the maps and determined that they better reflect existing conditions, and no appeal has been filed. This article was proposed and Indefinitely Postponed at the 2019 ATM due to a request from FEMA in order to finalize panels in other communities prior to adoption. Proposed by the Planning Board A two-thirds vote of Town Meeting will be required to approve this article. Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting Page 38 of 70  ARTICLE 24 – AMEND ZONING BYLAWS – ESTABLISHMENT OF DISTRICTS To see if the Town will amend the Duxbury Protective Bylaws (the “Zoning Bylaws”) Article 200 – Establishment of Districts, Section 201 Classes of Districts, in order to list the Medical Marijuana Overlay District as adopted by Town Meeting in 2019, and as further described in existing Section 620 of the Bylaw, with text to be added shown in bold underline (such markings for illustrative purposes only); and further to authorize the Town Clerk to make non-substantive numbering and formatting changes to this Bylaw in order to make numbering conform to the numbering format on the Zoning Bylaws; or take any action relative thereto. 201 CLASSES OF DISTRICTS For the purpose of this Bylaw, the Town is hereby divided into the following classes of districts to be known as: FHAOD DP WP POL APOD RC NB-L NB-1 NB-2 PD-1 PD-2 PD-3 WSA GMSP MOD Flood Hazard Areas Overlay District Dunes Protection District Wetlands Protection Overlay District * Publicly-Owned Land Overlay District Aquifer Protection Overlay District Residential Compatibility District Neighborhood Business Light District Neighborhood Business District 1 Neighborhood Business District 2 Planned Development District 1 Planned Development District 2 Planned Development District 3 Waterfront Scenic Overlay District Ground-Mounted Solar Photovoltaic Installations Overlay District Medical Marijuana Overlay District. *The Wetlands Protection Overlay District as referred to in this Bylaw is the district identified on the “Wetlands and Watershed Protection District Map dated March 4, 1971.” Explanation: This is a housekeeping item. In 2019, when Town Meeting adopted the new Medical Marijuana Overlay District, through a Scrivener’s error the language adding this new district to the list of districts in Section 201 was omitted. The Medical Marijuana Overlay District and Map were adopted by Town Meeting at the Annual Town Meeting and approved by the Attorney General. Proposed by the Planning Board A two-thirds vote of Town Meeting will be required to approve this article. Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting Page 39 of 70  ARTICLE 25 – AMEND ZONING BY-LAWS – MOVE USES TO USE TABLE To see if the Town will amend the Town of Duxbury Protective Bylaws (the “Zoning Bylaws”) by revising Article 400 Use, Intensity, Dimensional and Coverage Regulations for All Districts, Sections 410.1, 410.2, 410.3, 421A.2, 421A.3, 421A.4, 421, 421.1, 421.2, 421.3, 421.4, 422, 422.1, 422.2, 422.3, 424, 430.1, 430.2, as shown in Attachment A to this warrant – Entitled “Use Table Amendment”, to move the Uses within Article 400 into a Use Table format to be inserted into the By-law Article 400; to move language currently located within uses for automobile sales and service currently in Section 422.3 into the body of criteria for special permits within Article 400 to Section 424 - Special Permit Procedures and Criteria for Neighborhood Business Districts L, 1 and 2; to make minor clarifications in the definitions of the uses within the Use Table as they are applied in practice; with text to be deleted shown in strikethrough, and text to be inserted shown in bold underline (such markings for illustrative purposes only); and further to authorize the Town Clerk to make non-substantive numbering and formatting changes to this By-law in order to make numbering conform to the numbering format on the Zoning Bylaws; or take any other action in relation thereto. Explanation: The Town of Duxbury, through the Board of Selectmen and the Planning Board, is endeavoring to recodify the Zoning Bylaw to meet the needs of the community through a Town Meetingfunded process and with Town Counsel. The insertion of a single use table is the first recommendation to town meeting to help organize the bylaw into a more usable format. There will be a series of steps to undertake the recodification process in subsequent articles and future town meetings. Proposed by the Planning Board A two-thirds vote of Town Meeting will be required to approve this article. Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting ARTICLE 26 – AMEND ZONING BYLAWS – ADMINISTRATIVE CLEANUP AND CURRENT ZONING MAPS To see if the Town will amend the Town of Duxbury Protective Bylaws (the “Zoning Bylaws”) to delete the unused Publicly Owned Land Overlay District, remove administrative language, clarify language regarding the Special Permit Granting Authority, streamline the special permit process language, make reference to current plans and current zoning maps throughout, clarify language regarding density in Article 700 with respect to the Aquifer Protection Overlay District Use Intensity Standards Table, and remove repetitive language, as well as to allow final as-built plan under administrative site plan review to reside with the Municipal Services Department; all as shown in Attachment B to this warrant – Entitled “Administrative Cleanup and Maps Amendment,” with text to be deleted shown in strikethrough and text to be inserted shown in bold underline (such markings for illustrative purposes only); and further to authorize the Town Clerk to make non-substantive numbering and formatting changes to this By-law in order to make numbering conform to the numbering format on the Zoning By-laws; or take any other action in relation thereto. Explanation: The Town of Duxbury, through the Board of Selectmen and the Planning Board, is endeavoring to recodify the Zoning Bylaw to meet the needs of the community through a town-meeting funded process and with Town Counsel. The removal of repetitive language, outdated language with respect to zoning maps and current plans, and administrative language that can be codified in regulations as it relates to necessary filing of materials for special permits is the second recommendation to Town Page 40 of 70  Meeting to help organize the bylaw into a more usable format. The unused Publicly Owned Land Overlay District is proposed to be deleted from the Zoning Map. The Planning Board and Zoning Board of Appeals will address administrative procedural matters concerning materials to be filed with applications in their respective rules and regulations. There will be a series of additional steps to recodify the Zoning Bylaw in subsequent articles and future town meetings. Proposed by the Planning Board A two-thirds vote of Town Meeting will be required to approve this article. Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting ARTICLE 27 – AMEND GENERAL BY-LAWS – ADD STORMWATER AND ILLICIT DISCHARGE BY-LAWS To see if the Town will amend the Duxbury General By-laws by inserting a new Chapter 7.26, Stormwater, and a new Chapter 7.27, Illicit Discharges, as set forth below; and further to authorize the Town Clerk to make non-substantive numbering and formatting changes to this By-law in order to make numbering conform to the numbering format on the General By-laws, to read as follows; or take any other action in relation thereto. Chapter 7.26 STORMWATER 1. Authority This By-law is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to the Regulations of the federal Clean Water Act found at 40 CFR 122.34. 2. Purpose The purpose of this By-law is to reduce flooding, protect water quality, increase groundwater recharge, reduce erosion and sedimentation, promote environmentally sensitive site design practices such as Low Impact Development that protect vegetation and enhance Town character, ensure longterm maintenance of stormwater controls and meet or exceed federal requirements under Phase II of the National Pollutant Discharge Elimination System (consistent with the Town’s Municipal Separate Storm Sewers (MS4) permit). 3. Definitions ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that changes the water quality, force, direction, timing or location of runoff flowing from the area. Such changes include change from distributed runoff to confined, discrete discharge, change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area. BEST MANAGEMENT PRACTICE (BMP): An activity, procedure, or structural improvement that helps to reduce the rate or volume of stormwater runoff or improve its water quality. Page 41 of 70  DEVELOPMENT: Any construction or land disturbance on vacant land that is currently in a natural state and has not been disturbed. DISTURB: To cause a change in the position, location, or arrangement of soil, sand rock, gravel or similar earth material, remove the vegetative surface cover on all or a portion of a site or make any other change which would alter drainage characteristics as per the definition above. EROSION: The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles. EROSION AND SEDIMENTATION CONTROL PLAN: A document containing a narrative, drawings and details developed by a qualified professional engineer (PE) or a Certified Professional in Erosion and Sedimentation Control (CPESC), which includes best management practices, or equivalent measures designed to control surface runoff, erosion and sedimentation resulting from pre-construction and construction related land disturbance activities. GRADING: Changing the level or shape of all or a portion of the ground surface of a site. IMPERVIOUS: Preventing water from infiltrating the underlying soil. Impervious surfaces include paved surfaces (parking lots, sidewalks, driveways,) walkways and patios of a continuous hardened surface, rooftops, swimming pools, patios, and paved, gravel and compacted dirt surfaced roads. OPERATION AND MAINTENANCE PLAN: A plan that shows or establishes the physical, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed, including during pre- and post-construction activities. PERMITTING AUTHORITY: For the purposes of this by-law, the permitting authority shall mean either the Building Commissioner, Board of Health, Zoning Board of Appeals, Planning Board or Conservation Commission, or the Town Planner, Building Inspector, Health Agent or Conservation and Natural Resource Officer as further described in 5.A below. PRE-CONSTRUCTION: All activity undertaken in preparation for construction. POST CONSTRUCTION: All activity undertaken after a Certificate of Completion is issued. REDEVELOPMENT: Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface. SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes. SEDIMENTATION: The process or act of deposition of sediment. SITE: Any lot or parcel of land or area of property. SLOPE: The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance. Page 42 of 70  STABILIZATION: The use, singly or in combination, of mechanical, structural, or vegetative methods, to prevent or reduce erosion. STOP WORK ORDER: An order issued by the Permitting Authority or its designee which requires that all construction activity on a site be stopped. STORMWATER MANAGEMENT PLAN: A plan required as part of the application for a Stormwater Management Permit. STORMWATER: Stormwater runoff, snow melt runoff, and surface water runoff and drainage. SUBDIVISION: As defined in the Subdivision Control Law of Massachusetts, M.G.L. Chapter 41, Section 81L Definitions. 4. Applicability A. Regulated Activities. This by-law shall apply to the following activities: 1) All development and redevelopment projects that will disturb over 40,000 sq. ft. of land and discharge into the town’s municipal stormwater system. 2) All development and redevelopment projects that will disturb over 15,000 sq. ft. of land in a Residential zoning district; render 25% or more of an undeveloped lot impervious or increase impervious area of a developed lot by 25% or more, even if that disturbance is conducted over separate phases and/or by separate owners. 3) All development and redevelopment projects that will disturb over 1,000 sq. ft. of land on undisturbed or natural slopes greater than 25%, even if that alteration is conducted over separate phases and/or by separate owners. 4) Construction of a new drainage system or alteration of a drainage system serving a drainage area of more than 15,000 sq. ft. of land. 5) Any development or redevelopment involving “land uses with higher potential pollutant loads,” as those terms are defined in the Massachusetts Stormwater Management Policy. Land uses with higher potential pollutant loads include auto salvage yards, auto fueling facilities (gas stations), fleet storage yards, high-intensity commercial parking lots, road salt storage areas, commercial nurseries, outdoor storage and loading areas of hazardous substances, and marinas. B. Exempt Activities. The following activities shall be exempt from this by-law: 1) Construction on an individual lot within a subdivision that has previously been issued a stormwater permit, or was approved under the Subdivision Rules and Regulations in effect prior to the effective date of this Bylaw; 2) Construction on a lot shown on an approved Site Plan where the proposed stormwater management system and Operation & Maintenance Plan were reviewed by the Town's consulting engineer and approved by the Building Department, or Permitting Authority. 3) Construction on any lot that has previously been issued a stormwater permit, so long as that construction substantially conforms to the grading, the limit of work, impervious area and drainage characteristics shown on an approved plan. Any plan changes that would have the effect of altering drainage characteristics must be on file Page 43 of 70  with the Permitting Authority prior to construction commencing. The Permitting Authority may require that the applicant obtain an engineer's certification that drainage characteristics will not be altered by proposed changes to a plan. 4) Landscaping for a single-family home that involves the addition or removal of fewer than 100 cubic yards of soil material or alteration of less than two feet of elevation with maintenance of existing drainage characteristics. 5) Repair and replacement of existing roofs. 6) Construction of walls and fencing that will not alter existing drainage characteristics. 7) Use, maintenance, and improvement of agricultural land. 8) Construction of utilities, other than drainage, that will not alter existing terrain or drainage characteristics, including repairs to existing septic systems when required by the Board of Health. 9) Emergency repairs to any existing stormwater management facility. 10) Routine maintenance and improvement of town-owned public ways not resulting in an increase in impervious area. 5. Administration. A. This by-law shall be administered by the Building Department, unless the proposed work is under the jurisdiction of another permitting authority as follows: as permitted by the Planning Board on a project required to undergo stormwater review under the Subdivision Rules and Regulations or as required or Administrative Site Plan Review or when a project will disturb an area greater than 30,000 sq. ft., unless subject to the jurisdiction of another permitting authority as described herein; Conservation Commission (in practice, the Conservation Commission's jurisdiction will mostly include single-family dwellings falling under the jurisdiction of the Wetland Protection Act), and similarly for the Zoning Board of Appeals or Board of Health through a regular permitting process consistent with the authorities of said boards and commissions. Where more than one board or commission has jurisdiction, the respective Department Heads shall determine which body shall administer this by-law. B. The Planning Board, Board of Health, Conservation Commission, Zoning Board of Appeals and Building Department may adopt and amend Stormwater Regulations related to the content of permit applications and the performance standards for development activities, as described in Section 6 below. Failure to promulgate such Regulations shall not have the effect of suspending or invalidating this by-law. C. The Permitting Authority, as applicable, their agents or their designee shall review all applications for a Stormwater Permit, issue a Stormwater Permit, conduct necessary inspections and site investigations, monitor and enforce the conditions of the permit, and issue a Certificate of Completion, and shall be responsible for enforcement of this by-law. D. The Permitting Authority may refer any application for a Stormwater Permit to its consulting engineer for review. Following receipt of a completed permit application, the Permitting Authority shall seek review and comments from the Conservation Commission or Planning Board, Board of Health, Department or Public Works and other Town boards or authorities, as appropriate. E. The Building Commissioner may issue a Stormwater Permit for projects which do not disturb an area greater than 30,000 sq. ft. This shall be considered an Administrative Page 44 of 70  Stormwater Project Review and shall be issued according to procedures outlined in the Stormwater Regulations, which shall not require a public hearing. Projects which exceed these limits shall be subject to Planning Board review under this By-law as the Permitting Authority unless the project falls under the jurisdiction of another entity as described in 5.A. F. Construction under a Stormwater Permit shall be authorized upon the date of issuance but in no case more than three years from the date of issuance unless this time period is extended by vote of the Permitting Authority. 6. Adoption of Regulations A. The Stormwater Regulations shall include separate performance standards for rainwater produced stormwater and land subject to coastal storm flowage. All regulations shall be adopted after a public hearing and public comment period. B. The public hearing shall be advertised in a newspaper of general local circulation at least seven days prior to the hearing date. C. Other boards, commissions, and departments with responsibilities that include or are related to stormwater management are encouraged to adopt those Regulations by reference. 7. Submittal Requirements. Submittal requirements for development, site disturbance, and alteration shall include an application form, application fee, and plans as listed below. These may be consolidated into a single site plan. All plans and certifications shall be prepared by a licensed Professional Engineer. A. Application Fee. Each application must be accompanied by the appropriate application fee pursuant to the Stormwater Regulations. This fee shall be sufficient to cover any expenses connected with the public hearing, where required, and review of the Stormwater Permit application. The Permitting Authority is authorized to retain a licensed Professional Engineer or other professional consultant to advise the Permitting Authority on any or all aspects of the Application. B. Erosion and Sedimentation Control. All applications must include an Erosion and Sedimentation Control Plan to show proposed methods for properly stabilizing the site before construction begins. This plan shall show the Best Management Practices (BMP's) that will be used during construction to minimize erosion of the soil, sedimentation of stormwater and flow of stormwater onto neighboring properties, roads or drainage systems. These BMPs should include both stabilization practices such as: seeding, mulching, preserving trees and vegetative buffer strips, contouring and structural practices such as: earth dikes, silt socks, silt fences, stabilized construction entrances, drainage swales, sediment traps, check dams, and subsurface or pipe slope drains. C. Site Plan and Narrative Showing Proposed Stormwater Measures. All applications shall include a Site Plan showing BMP's proposed to manage stormwater after construction. This Plan shall contain sufficient information to evaluate the environmental impact, effectiveness, and acceptability of the measures-for reducing adverse impacts from stormwater. All plans shall meet the Performance Standards in the Stormwater Regulations. Any easements or deed-restricted areas shall be clearly shown and identified. With the exception of plans for construction of single- and two-family homes, all plans shall be Page 45 of 70  designed to meet the Massachusetts Stormwater Management Standards and DEP Stormwater Management Handbook Volumes I and II, as revised, where these are otherwise applicable. A brief narrative shall be included describing the BMP's with references to their location and function. D. During Construction Operations and Maintenance Plans. Pre- and PostConstruction Operation and Maintenance Plans (O&M Plans) are required at the time of application for all projects. The required contents of these plans shall be described in the Stormwater Regulations. Pre-Construction O&M Plans shall address maintenance of erosion control and site stabilization measures; operation of equipment during construction and inspections required during construction. Post-Construction Plans shall include methods for maintaining the stormwater management system; protection of vegetation where needed to absorb and take up stormwater; responsibilities of the homeowner and any third parties; and the estimated cost of maintenance. They shall be designed to ensure compliance with this by-law and the Massachusetts Surface Water Quality Standards, 314 CMR 4.00, in all seasons and throughout the life of the stormwater system. The Town shall make the final decision on what maintenance is appropriate in a given situation with consideration for natural features, proximity of site to water bodies and wetlands, extent of impervious surfaces, size of the site, the types of stormwater management structures, and the need for ongoing maintenance activities. The O&M Plans shall remain on file with the Permitting Authority and Building Department as applicable and shall be an ongoing requirement. 8. Performance Standards. Performance standards for site design, erosion control, stormwater management, operation & maintenance guidelines, materials, vegetation, and other aspects of developments shall be described in the Stormwater Regulations with compliance required to the extent practicable in the opinion of the Permitting Authority. Separate performance standards may be adopted for single-family homes, and all other types of development. Performance standards shall reflect all requirements for stormwater in the Water Resource Protection District found in the Zoning By-law for properties in that district. Separate standards shall be adopted for land subject to coastal storm flowage. A. Performance standards include, but shall not be limited to, the following standards for rainwater-produced stormwater: 1. 2. 3. 4. 5. 6. 7. Peak Discharge Rates (flooding protection and channel protection) Peak Discharge Volume Retention of First 1" of Stormwater for Development and Redevelopment of One or More Acres. For new development or redevelopment of one or more acres, the first inch of runoff from all impervious surface must be retained on the site, unless pollutant removal of first inch of runoff with BMP (equivalent pollutant removal as with a biofilter) is provided. Shutoff and containment is required in the case of discharge near an environmentally sensitive area, i.e. public water. Recharge Volume Pretreatment and Water Quality Erosion Control Vegetation, Site Design, and Site Restoration B. Performance standards shall also be adopted for coastal storm- associated floodwater, to avoid channelization and minimize the velocity of flood waters: Page 46 of 70  1. Standards for land subject to coastal storm flowage. Preservation of the abilities of existing topography, slope, surface area, soil characteristics, erodibility, and permeability of land in the flood plain will tend to allow for the dissipation of storm wave energy, slowing of moving water, and absorption of flood waters. Standards for land subject to coastal storm flowage may include limits on creation of new pavement or other impervious surfaces, or that there shall be no adverse impact from work proposed in Land Subject to Coastal Storm Flowage. Standards may also be adopted for increases in impervious surface, removal of natural vegetation and pervious areas, filling, locating foundations or pavement so as to channelize floodwater, use of solid foundations and fill so as to deflect, reflect or redirect wave energy or channelize floodwater, or dredging or removal of soil materials within the floodplain so as to allow storm waves to break further inland and impact upland or wetland resource areas. The Permitting Authority may seek the services of a consultant to assess compliance with the adopted standards for rainwater and coastal storm floodwater. 9. Review Process A. Applicants are strongly encouraged to schedule a pre-application meeting with the Town Planner or Conservation and Natural Resources Officer, as applicable, to review the proposed development plans at the earliest feasible time. B. The stormwater permit review shall not require a special public hearing, but stormwater issues may be discussed as part of other Public Hearings required for approval of the same project by the Planning Board or Conservation Commission. If no public hearing is required, the Planning Board or Conservation Commission may choose to hold a special public hearing to solicit public comments. C. After review of the application and comments received from other boards, and following the close of a Public Hearing where a hearing is required, the Permitting Authority shall take one of the following actions: D. 1. Approve the application and issue a Stormwater Permit if it finds that the proposed plan meets the objectives and requirements of this by-law. 2. Approve the application and issue a Stormwater Permit with conditions, modifications, or restrictions as necessary to ensure protection of water resources or to meet the objectives of this by-law. 3. Disapprove the application and deny a permit if it finds the proposed plan will not protect water resources or fails to meet the objectives of this by-law; or if it finds that the applicant has not submitted information sufficient to make such a determination. Deadline for Action. For a Stormwater Permit for a single-family home or a residential duplex, the Permitting Authority or its designee shall file its decision with the Town Clerk and the Building Commissioner within thirty (30) days of the receipt of a completed application. For all other Page 47 of 70  development, a decision shall be made prior to approval of a Special Permit or Definitive Plan, if required, or prior to issuance of an Order of Conditions or building permit as applicable. The review period may be extended by mutual consent of the Permitting Authority and the applicant. Failure to extend the review period or take action on the application before the deadline for action shall be deemed to be approval of such application. Upon certification by the Town Clerk that the allowed time has passed without action the Stormwater Permit shall be issued by the Permitting Authority. E. Appeals. Decisions under this by-law may be appealed to Superior Court or Land Court. 10. Notification, inspections. Submittal of the stormwater permit application is construed to grant the Permitting Authority, its agent, or its designee with permission to enter the site for inspection. The Permitting Authority may make unscheduled site visits to ensure construction complies with the Operation & Maintenance Plan. If it does not comply, the Permitting Authority shall review whether to pursue remedies for enforcement of the Stormwater Permit as described in Section 12 of this by-law. 11. Submittal of as-built plans. Submittal of as-built plans depicting the construction conditions of the stormwater management system and grading on the site shall be required prior to the issuance of a certificate of occupancy, and in no event later than two years after the completion of construction, and shall demonstrate substantial conformance with the stormwater system design and performance standards of the approved plans. Specifications for these as-built plans are outlined in the Stormwater Regulations. 12. Surety. The Permitting Authority may require the posting of a surety bond until work is completed and satisfactorily inspected, or to ensure maintenance of the system. 13. Any easements or deed-restricted areas shown and identified on the approved plans shall be recorded at the Plymouth County Registry of Deeds or Land Court prior to a Certificate of Completion or Occupancy. 14. Enforcement. The Permitting Authority shall enforce this by-law, its regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations, including remedies available under non-criminal disposition. Mechanisms and procedures for enforcement may be further detailed in Regulations adopted by the Permitting Authority pursuant to this by-law. A. Orders. 1. The Permitting Authority may issue a written order to enforce the provisions of this Section or the regulations thereunder, which may include: a. A requirement to cease and desist the construction activity until there is compliance with the provisions of the Stormwater Permit; Page 48 of 70  b. c. d. Maintenance, installation or performance of additional erosion and sediment control measures; Monitoring, analyses, and reporting; Remediation of erosion and sedimentation resulting directly or indirectly from landdisturbing activity. 2. If the enforcing body determines that abatement or remediation of erosion and sedimentation is required, the order shall set forth a deadline by which such abatement or remediation must be completed. This deadline shall be no more than twelve months from the date of the violation. B. Any person that violates any provision of this Section may be punished, under M.G.L c. 40, §21D as a non-criminal offense, by fines of: 1. 2. 3. First offense: $100 Second offense: $200 Each additional offense: $300 Each day on which any violation or offense exists shall be deemed a separate offense. No new permits shall be issued to an applicant if any permit fines are outstanding. C. Remedies Not Exclusive. The remedies listed in this Section are not exclusive of any other remedies available under any applicable federal, state, or local law. 15. Severability. If any provision, paragraph, sentence, or clause of this by-law shall be held invalid for any reason, all other provisions shall continue in full force and effect. Chapter 7.27 ILLICIT DISCHARGE BY-LAW Section 1 A. Purpose Increased volumes of stormwater and contaminated stormwater runoff are major causes of: 1. 2. 3. 4. impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater; contamination of drinking water supplies; alteration or destruction of aquatic and wildlife habitat; and flooding. Regulation of illicit connections and discharges to the municipal storm drain system is necessary for the protection of water bodies and groundwater resources within the Town of Duxbury and to safeguard the public health, safety, and welfare and the natural resources of the Town. B. The objectives of this by-law are: 1. 2. To prevent pollutants from entering the Town of Duxbury’s municipal storm drain system; To prohibit illicit connections and unauthorized discharges to the municipal storm drain system; Page 49 of 70  3. 4. 5. Section 2 To require the removal of all such illicit connections; To comply with state and federal statutes and regulations relating to stormwater discharges; and To establish the legal authority to ensure compliance with the provisions of this Bylaw through inspection, monitoring, and enforcement. Definitions For the purposes of this By-law, the following shall mean: Clean Water Act: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended Discharge of Pollutants: The addition from any source of any pollutant or combination of pollutants into the municipal storm drain system or into the waters of the United States or Commonwealth from any source. Groundwater: Water beneath the surface of the ground including confined or unconfined aquifers. Illicit Connection: A surface or subsurface drain or means of conveyance, which allows an illicit discharge into the municipal storm drain system, including without limitation sewage, process wastewater, or wash water and any connections from indoor drains, sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this by-law. Illicit Discharge: Direct or indirect discharge to the municipal storm drain system that is not composed entirely of stormwater, except as exempted in Section 7. The term does not include a discharge in compliance with an NPDES Storm Water Discharge Permit or a Surface Water Discharge Permit, or resulting from fire-fighting activities exempted pursuant to Section 7, subsection B.1, of this by-law. Municipal Storm Drain System or Municipal Separate Storm Sewer System (MS4): The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Duxbury. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A permit issued by United States Environmental Protection Agency or jointly with the State that authorizes the discharge of pollutants to waters of the United States. Non-Stormwater Discharge: Discharge to the municipal storm drain system not composed entirely of stormwater. Person: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. Pollutant: Any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter whether originating at a point or nonpoint source that is Page 50 of 70  considered toxic or detrimental to humans or the environment and may be introduced into the municipal storm drain system on into any water watercourse or waters of the Commonwealth. Process Wastewater: Water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any material, intermediate product, finished product, or waste product. Stormwater: Stormwater runoff, snow melt runoff, and surface water runoff and drainage Surface Water Discharge Permit: A permit issued by the Department of Environmental Protection pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants to waters of the Commonwealth of Massachusetts. Toxic or Hazardous Material or Waste: Any material, which because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment. Toxic or hazardous materials include any synthetic organic chemical, petroleum product, heavy metal, radioactive or infectious waste, acid and alkali, and any substance defined as Toxic or Hazardous under G.L. Ch.21C and Ch.21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000. Watercourse: A natural or man-made channel through which water flows, or a stream of water, including a river, brook, stream, underground stream, pond or lake. Waters of The Commonwealth: All waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater. Wastewater: Any sanitary waste, sludge, or septic tank or cesspool overflow, and water that during manufacturing, cleaning or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product. Section 3 Applicability This By-law shall apply to flows entering the municipal storm drainage system. Section 4 Authority This By-law is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and in accordance with the regulations of the Federal Clean Water Act found at 40 CFR 122.34 and the Phase II ruling from the Environmental Protection Agency found in the December 8, 1999 Federal Register, as amended. Section 5 Responsibility for Administration The Duxbury Board of Health shall administer, implement, and enforce this By-law. The Board of Health and its agents may consult with and request assistance from the Department of Public Works, and/or other Town departments for the purpose of administration, implementation, and enforcement of this By-law. Page 51 of 70  Section 6 Regulations The Duxbury Board of Health may promulgate rules and regulations to effectuate the purposes of this by-law. Failure by the Duxbury Board of Health to promulgate such rules and regulations shall not have the effect of suspending or invalidating this By-law. Section 7 A. B. Prohibited and Exempt Activities Prohibited Activities 1. Illicit Discharges - No person shall dump, discharge, cause, or allow to be discharged any pollutant or non-stormwater discharge into the municipal storm drain system, into a watercourse, or into the waters of the Commonwealth. 2. Illicit Connections - No person shall construct, use, allow, maintain, or continue any illicit connection to the municipal storm drain system, regardless of whether the connection was permissible under applicable law, regulation, or custom at the time of connection. 3. Obstruction of Municipal Storm Drain System - No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm drain system without prior written approval from the Duxbury Board of Health. Exemptions 1. 2. 3. Discharge or flow resulting from fire-fighting activities; Discharges from Town of Duxbury snow and ice removal and control operations. The following non-stormwater discharges or flows are exempt from this By-law, provided that the source is not a significant contributor of a pollutant to the municipal storm drain system: • • • • • • • • • • 4. Municipal waterline flushing; Flow from potable water sources; Springs; Natural flow from riparian habitats and wetlands; Diverted stream flow; Rising groundwater; Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater; Discharge from landscape irrigation or lawn watering; Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air conditioning condensation; Water from individual residential car washing and temporary fund-raising car wash events; Discharge from dechlorinated swimming pool water (less than one ppm chlorine). provided test data is submitted to the Town substantiating that the water meets the one ppm standard, and the pool is drained in such a way as not to cause a nuisance or public safety issue and complies with all applicable Town By-Laws; Page 52 of 70  5. Discharge from street sweepers of minor amounts water during operations; 6. Winter roadway and parking lot sanding and salting operations associated with maintaining public safety; 7. Dye testing, provided verbal notification is given to the Duxbury Board of Health prior to the time of the test; 8. Non-stormwater discharge permitted under an NPDES permit or a Surface Water Discharge Permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency or the Massachusetts Department of Environmental Protection, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; 9. Discharge for which advance written approval is received from the Duxbury Board of Health as necessary to protect the public health, safety, welfare or environment; and 10. Discharge or flow that results from exigent conditions and occurs during a State of Emergency declared by any agency of the federal or state government, or by the Duxbury Town Manager, Board of Selectmen or Board of Health. Section 8 Emergency Suspension of Storm Drainage System Access The Duxbury Board of Health may suspend municipal storm drain system access to any person or property without prior written notice when such suspension is necessary to stop an actual or threatened discharge of pollutants that presents imminent risk of harm to the public health, safety, welfare or the environment. In the event any person fails to comply with an emergency suspension order, the Duxbury Board of Health may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment. Section 9 Notification of Spills Notwithstanding other requirements of local, state, or federal law, as soon as a person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of or suspects a release of materials at that facility or operation resulting in or which may result in discharge of pollutants to the municipal drainage system or waters of the Commonwealth, the person shall take all necessary steps to ensure containment and cleanup of the release. In the event of a release of oil or hazardous materials, the person shall immediately notify Duxbury’s Fire and Police Departments and Duxbury Board of Health. In the event of a release of non-hazardous material, the reporting person shall notify the Duxbury Board of Health no later than the next business day. The reporting person shall provide to the Duxbury Board of Health written confirmation of all telephone, facsimile or in-person notifications within three business days thereafter. If the discharge of prohibited materials is from a commercial or industrial facility, the facility owner or facility operator shall also retain on-site a written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Section 10 Enforcement Page 53 of 70  A. Authorized Agent The Director of Public Health or an authorized agent of the Director of Public Health shall enforce this By-Law, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. B. Civil Relief If a person violates the provisions of this By-Law or any regulations, permit, notice, or order issued there-under, the Duxbury Board of Health may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. C. Orders The Duxbury Board of Health or an authorized agent of the Duxbury Board of Health may issue a written order to enforce the provisions of this By-Law or the regulations there-under, which may include: (a) elimination of illicit connections or discharges to the municipal storm drain system; (b) performance of monitoring, analyses, and reporting; (c) a requirement that unlawful discharges, practices, or operations shall cease and desist; and (d) remediation of contamination in connection therewith. If the enforcing person determines that abatement or remediation of contamination is required, the order shall set forth a deadline by which such abatement or remediation shall be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town of Duxbury may, at its option, undertake such work, and all costs incurred by the Town shall be charged to the violator, to be recouped through all available means, including the placement of liens on the property. Within thirty (30) days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the Town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Duxbury Board of Health within thirty (30) days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within thirty (30) days following a decision of the Duxbury Board of Health affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner’s property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. Ch. 59, § 57 after the thirty-first day at which the costs first become due. D. Criminal Penalty Any person who violates any provision of this By-Law or any regulation, order or permit issued there-under, shall be punished by a fine of not more than $300.00 for each offense. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. E. Non-Criminal Disposition Page 54 of 70  As an alternative to criminal prosecution or civil action, the Town of Duxbury may elect to utilize the non-criminal disposition procedure set forth in G.L. Ch. 40, §21D, in which case the Duxbury Board of Health or an authorized agent of the Duxbury Board of Health shall be the enforcing person. The penalty for each violation shall be $300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. F. Entry to Perform Duties under this By-Law To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Duxbury Board of Health, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this By-Law and regulations and may make or cause to be made such examinations, surveys or sampling as the Duxbury Board of Health deems reasonably necessary. G. Appeals All decisions or orders of the Duxbury Board of Health shall be final. Further relief shall be to a court of competent jurisdiction. H. Remedies Not Exclusive The remedies listed in this by-law are not exclusive of any other remedies available under any applicable federal, state, or local law. Section 11 Severability The provisions of this by-law are hereby declared to be severable. If any provision, paragraph, sentence, or clause, of this By-law or the application thereof to any person, establishment, or circumstances shall be held invalid for any reason, the remaining provision shall continue in effect to the extent permitted by law. Section 12 Transitional Provisions Residential property owners shall have one hundred eighty (180) days from the effective date of the by-law to comply with its provisions or petition the Duxbury Board of Health for an extension. Explanation: The Town of Duxbury is subject to a Municipal Separate Storm Sewer System (MS4) Permit from the Commonwealth, which requires the Town to adopt and enforce stormwater and illicit discharge regulations. As written, no new review or permitting for stormwater is added with the exception of substantial disturbances to grading for development projects associated with single- and two-family homes where disturbances which could substantially alter surface drainage patterns, where said review will be incorporated into existing permitting processes. Proposed by the Land Use Department Heads Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting Page 55 of 70  ARTICLE 28 – AMEND GENERAL BY-LAWS – CHAPTER 12 LOCAL HISTORIC DISTRICT To see if the Town will vote to amend Chapter 12 of the Duxbury General By-laws, entitled “Local Historic District By-law,” with text to be inserted shown in bold underline, for the purpose of making reference to the “Official Local Historic District Maps” in plural form, and in order to remove reference to the Official Historic District Map adopted at 2017 Town Meeting in favor of the individual Local Historic District Maps, as have been adopted by Town Meetings, as follows: 12.2 Definitions “District” The Local Historic District as established through this by-law consisting of one or more District areas, and as shown on the most current Official Local Historic District Maps of the Town of Duxbury. “Official Local Historic District Maps of the Town of Duxbury” The maps showing the Districts as established through this by-law, and as may be amended from time to time. The delineation of the District boundaries are based on the parcel boundaries in existence and shown thereon at the time of adoption. 12.3 District The District shall consist of one or more District areas as established through this by-law, and as shown on the Official Local Historic District Maps as may be amended from time to time through this By-law, hereby made part of this General By-laws of the Town of Duxbury Chapter 12 Local Historic Districts; or take any other action relative thereto. Explanation: This is essentially a housekeeping article. In re-recording the districts to comply with the Finance Committee’s request to have the districts traceable through title search, the requirements of the Registry and Land Court to accomplish this requires that we reference the district maps as those individual local historic district maps adopted and approved from time to time by Town Meeting. The Official Single Map adopted in 2017 is abandoned through this article to prevent confusion and to reflect what is on record at the offices of the Attorney General, Registry, and Land Court. Proposed by the Planning Department Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting   Page 56 of 70  ARTICLE 29 – AMEND GENERAL BY-LAWS – PROPOSED NEW LOCAL HISTORIC DISTRICTS To see if the Town will vote to amend the General By-laws by creating the following new local historic districts to be administered through the Duxbury General By-law, Chapter 12, and to update the Official Local Historic District Maps of the Town of Duxbury to include the Local Historic Districts as set forth below; or take any other action in relation thereto: 1 Proposed Local Address Historic District Name Tarkiln 245 Summer Street 2 Bradford 900 Tremont Street 3 Winsor 397 Washington Street 4 Winsor 405 Washington Street Owner/Deed Reference Town of Duxbury Book 1527, Page 14 Mr. & Mrs. M.&A. McGee LCC 122138 Mr. J. Mark Book 50920, Page 302 Ditch Digger LLC Book 49131, Page 116 Parcel ID MBLU 045-500-023 108-015-000 119-147-405 119-146-405 As further described in the Preliminary Study Report entitled “Proposed Local Historic District: Tarkiln Local Historic District, Proposed Properties to be Added to Existing Local Historic Districts: Bradford Local Historic District, Winsor Local Historic District, Powder Point Local Historic District, King Caesar Local Historic District. Prepared by the Duxbury Local Historic District Commission, November 2019. Page 57 of 70  Legen? - Page 58 of 70 Explanation: The Duxbury Historic District Commission is proposing the creation of four (4) new Local Historic District properties as described in the preceding table. The districts are each comprised of sole residences within Duxbury whose owners have volunteered their property into this process as a mechanism to preserve the historic integrity of their homes, which in turn helps to preserve the historic fabric of Duxbury. Each District will be established and maintained per the Local Historic District By-law. A two-thirds vote of Town Meeting will be required to approve this article. Proposed by the Duxbury Historic District Commission Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting ARTICLE 30 – TRANSFER OF TOWN-OWNED LAND TO THE DUXBURY AFFORDABLE HOUSING TRUST - LINCOLN STREET To see if the Town will vote to transfer the care, custody and control of two parcels of Town-owned land located on Lincoln Street, one identified as Assessor’s Parcel Number 056-500-058 and acquired by the Town by Judgment in Tax Lien Case recorded with the Plymouth Registry of Deeds in Book 4221, Page 414, and the other identified as Parcel Number 055-500-072 and acquired by the Town by Judgment in Tax Lien Case recorded in Book 21401, Page 118, from the tax custodian for tax title purposes to the Board of Selectmen for purposes of conveyance, and authorize the Board of Selectmen to convey said property to the Town of Duxbury Affordable Housing Trust for affordable housing purposes, and, further, to authorize the Board of Selectmen to execute any documents and take any other action that may be necessary in connection therewith; or take any other action in relation thereto. Proposed by the Board of Selectmen on behalf of Duxbury Affordable Housing Trust Explanation: These parcels were acquired by the Town for non-payment of taxes through foreclosure of tax title. The Board of Selectmen and Affordable Housing Trust propose to transfer these contiguous parcels totaling +/-1.16 acres to the Town’s Affordable Housing Trust for the purpose of creating new or additional affordable housing opportunities in Duxbury. If the proposed article passes, the Duxbury Affordable Housing Trust plans to issue an RFP to convey the land to a developer for an affordable housing duplex to be built in accordance with M.G.L. Chapter 40B. A two-thirds vote of Town Meeting is required to approve this article. Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting Page 59 of 70  ARTICLE 31 – CITIZENS’ PETITION – AMEND GENERAL BY-LAWS – ADDING A NEW BYLAW PROVISION - 7.26 STORAGE OF PROPERTY AT SHIPYARD LANE To see if the Town will amend the Town General By-laws, as amended through September 30, 2019, by adding a new By-law provision 7.26 STORAGE OF PROPERTY AT SHIPYARD LANE, restricting the right of persons and entities, to leave or store personal property on the beach at the end of Shipyard Lane, in the parking lot at the end of Shipyard Lane and/or on the grass park area at the end of Shipyard Lane as set forth below, or take any action in relation thereto. 7.26 STORAGE OF PROPERTY AT SHIPYARD LANE 7.26.1 No portion of the beach, parking lot and grassed upland areas at the end of Shipyard Lane, off of Washington Street, owned by the Town of Duxbury and shown on Assessor’s Map 120-505-21, shall be used for temporary or permanent storage of any personal property by anyone other than the Town of Duxbury. Personal property shall include but not be limited to kayaks, dinghies, boats, paddleboards, windsurfers, sailboats, kite boards, surfboards or any other related item of personal property. Nothing herein shall preclude persons utilizing the public beach from keeping personal property associated with customary beach use with them while they are present at the beach at the end of Shipyard Lane. Page 60 of 70  7.26.2 Anything left or stored in said areas at the end of Shipyard Lane may be disposed of by the town at the direction of the Town Manager and/or Board of Selectmen. The town shall post and maintain signs at Shipyard Lane to notify the public of these restrictions. 7.26.3 Any person or entity that leaves any personal property in said areas at the end of Shipyard Lane shall be fined. The penalty for violation of any provision of this By-law shall be $100.00 per day for a first offense, $200.00 per day for a second offense, and $300.00 for each subsequent offense. Each day that the property is kept or stored in said prohibited areas shall constitute a separate offense. A Police Officer may enforce this By-law by noncriminal disposition in accordance with Chapter 7, of the Town By-laws and M.G.L. c. 40, § 21D. 7.26.4 The foregoing fines shall be in addition to any other remedy that Town may have for unlawful dumping and storage of personal property on any Town-owned property. Proposed by Citizens’ Petition Explanation*: Shipyard Lane Beach is the only town-owned public beach in Duxbury with parking. It was gifted to the town in 1944 by Eben and Grace Ellison for “Duxbury resident and their guests” to “be used only for recreational purposes.” (Town Report 1944) Over the past few years, people, both residents and non-residents, have been leaving kayaks and other personal watercrafts, such as paddleboards, on the grassy area of Shipyard Lane Beach unattended and overnight. There is now a problem because the number of kayaks left year-round totals well over 100 and they have taken over an entire part of the property. The kayaks and other personal watercraft are also being dumped on the property by people who no longer want them. They are unsightly and are taking up space that should be available to the public, especially because at high tide there is no beach left there for sitting. These kayaks also are holding water, which is a public health hazard, as standing water breeds mosquitoes, which carry deadly diseases such as the West Nile Virus and EEE. Further, these kayaks often drift off on a high tide, which requires a response from the Harbormaster’s Department; officers don’t know whether the kayak is abandoned or if someone fell out of it. This problem has been ongoing, but was only addressed by the town after it was brought to the attention of the Town Manager. While the town is now prohibiting any storage of kayaks and other personal watercraft, there is currently no specific law against it at this location. Without such a law, this problem can easily happen again. The kayaks and other items of personal property of a like kind should be removed for all of these reasons and because it’s a travesty to abuse town land like this. It should be illegal to dump or store anything other than the town’s float at Shipyard Lane Beach. This article will make that happen as well as require the town to act to prevent this problem from reoccurring. * Note that this explanation was provided by the petitioners and is not fact-checked or endorsed by the Town. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Vote Available at Town Meeting Page 61 of 70  ARTICLE 32 – CPC OPERATING FUND To see if the Town will, upon recommendation of the Community Preservation Committee, appropriate from the Community Preservation Fund, in accordance with M.G.L. Chapter 44B, such sums of money as it determines necessary for the expenses and charges for operation of the Community Preservation Committee, all for the Fiscal Year beginning July 1, 2020 and ending June 30, 2021 inclusive; or take any other action in relation thereto. Proposed by the Community Preservation Committee Explanation: The approval of this article provides annual funding for the administrative and operational costs of the Community Preservation Committee, which includes incidental project costs associated with the Community Preservation Committee. Under the CPA Act, up to 5% of the annual CPA funds may be spent on the operation and administrative costs of the Community Preservation Committee. It is necessary to re-authorize the appropriation on an annual basis. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Vote Available at Town Meeting ARTICLE 33 – CPC ALLOCATIONS To see if the Town will, upon recommendation of the Community Preservation Committee, appropriate from the Community Preservation Fund, a sum of money for the purpose of meeting the requirements of the Community Preservation Act, M.G.L., Chapter 44B, Section 6, to either spend or set aside not less than 10% of the Community Preservation Fund estimated annual funds for the categories of Open Space, Community Housing (Affordable) and Historic Resources, and to meet this appropriation, transfer a sum of money from the Community Preservation Fund(s); or take any other action in relation thereto. Proposed by the Community Preservation Committee Explanation: M.G.L., Chapter 44B, Section 6 requires that every fiscal year, upon recommendation of the Community Preservation Committee, Town Meeting shall spend, or set aside for later spending, not less than 10 per cent of the annual revenues in the Community Preservation Fund for open space, not less than 10 per cent of the annual revenues for historic resources, and not less than 10 per cent of the annual revenues for community housing. This article achieves that mandate. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Vote Available at Town Meeting ARTICLE 34 – CONSTRUCTION OF BALL FIELD DUGOUTS AT UPPER HIGH SCHOOL AND TRAIN FIELDS To see if the Town will, upon recommendation of the Community Preservation Committee, appropriate from the Community Preservation Fund a sum of money for the construction of dugout structures at the Upper High School and Train Field Softball Fields, including all incidental or related expenses; or take any action in relation thereto. Proposed by the Community Preservation Committee Page 62 of 70  Explanation: This article is seeking funds for construction of four softball dugouts; two at the Upper High School Field and two at Train Field. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Vote Available at Town Meeting ARTICLE 35 – CONSTRUCTION OF A PICNIC SHELTER AT TRAIN FIELD To see if the Town will, upon recommendation of the Community Preservation Committee, appropriate from the Community Preservation Fund a sum of money for the construction of a picnic shelter at Train Field, including all incidental and related expenses, or take any action in relation thereto. Proposed by the Community Preservation Committee Explanation: This article is seeking funds for the construction of a picnic shelter at Train Field. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Vote Available at Town Meeting ARTICLE 36 – TOWN CLERK RECORDS PRESERVATION To see if the Town will, upon recommendation of the Community Preservation Committee, appropriate from the Community Preservation Fund a sum of money for the preservation and repair of permanent historical records, including all incidental and related expenses; or take any other action in relation thereto. Proposed by the Community Preservation Committee Explanation: This article is seeking funds for Phase 3 of a preservation project to preserve 14 books of historic significance. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Vote Available at Town Meeting ARTICLE 37 – CPC – PROVIDE FUNDING FOR FARMLAND IMPROVEMENTS TO THE DELORENZO FARM To see if the Town will, upon recommendation of the Community Preservation Committee, appropriate from the Community Preservation Fund a sum of money to pay for tree removal, debris removal, and irrigation at the DeLorenzo Farm, acquired by the Town for conservation and passive recreation purposes, including all incidental and related expenses; or take any other action in relation thereto. Proposed by the Community Preservation Committee/Conservation Commission Explanation: This article is seeking funds for land clearing, trash removal, and the installation of irrigation wells at the recently purchased DeLorenzo Farm on Summer Street. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Vote Available at Town Meeting Page 63 of 70  ARTICLE 38 – HOUSING TRUST TRANSFER To see if the Town will, upon recommendation of the Community Preservation Committee, appropriate the unspent balance of the funds appropriated under Article 26 of the 2008 Annual Town Meeting to the Duxbury Affordable Housing Trust to implement the Housing Plan Production Plan, or take any action in relation thereto. Proposed by the Community Preservation Committee Explanation: This article proposes to transfer unused funds from Article 26 of the 2008 Annual Town Meeting (Housing Assistance Program) to the Affordable House Trust Fund. These funds will be used by the Trust to implement the Housing Plan Production Plan. Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Vote Available at Town Meeting ARTICLE 39 – CONSERVATION LAND PURCHASE – TEMPLE STREET – HARRINGTON PROPERTY To see if the Town will, upon recommendation of the Community Preservation Committee, (a) authorize the Board of Selectmen to acquire, by purchase, gift or eminent domain and on such terms as the Board of Selectmen deems to be in the best interests of the Town, for open space, historic preservation, community housing, agricultural, water supply protection and/or passive recreation purposes, a fee simple interest, , in and to certain parcels of land located on Temple Street, containing a total of 9.99 acres, more or less, shown on a plan of land on file at the Office of the Town Clerk and identified as a portion of Assessor’s Parcel Number 037-022-000, and Assessors Parcels 037-022-003, and 037-022-002; (b) to raise and appropriate, borrow, or transfer from the Community Preservation Fund a sum of money for the purpose of funding said acquisition and costs or related thereto, and to meet this appropriation, to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money under M.G.L. Chapter 44, Sections 7 or 8, M.G.L. Chapter 44B, Section 11, and/or any other enabling authority and to issue bonds or notes of the Town therefor, and any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to costs of issuance of such bonds or notes, may be applied to of costs approved by this vote with a reduction of borrowing authority therefore by a like amount in accordance with M. G.L. Chapter 44, Section 20, (c) to authorize the Board of Selectmen to apply for, accept and expend any funds that may be provided by the Commonwealth or other public or private sources to defray all or a portion of the costs of said acquisition, including, but not limited to, grants and/or reimbursement from the Commonwealth under the Self-Help Act, G.L. Ch. 132A, Section 11 (now, so-called LAND grants), which grants and/or funds so received shall be used to repay all or a portion of the sum appropriated from the Community Preservation Fund hereunder , and to enter into all agreements and execute any and all instruments as may be necessary or appropriate to effectuate the foregoing acquisition, (d) to authorize the Board of Selectmen to grant to a perpetual restriction pursuant to the provisions of M.G.L. Ch. 184, Sections 31-33, in compliance with G.L. Ch. 44B, Section12(a) in the portion of the property, if any, dedicated to open space purposes, protecting the property for such purposes and to authorize the Board of Selectmen to accept an affordable housing restriction on the parcels of land designated for community housing purposes, if any; and, further, (e) to authorize the Board of Selectmen and/or the Conservation Commission to enter into management agreements for up to ten years as may be necessary for the purposes of this Article, on terms deemed by the Board of Selectmen and/or the Conservation Commission to be in the best interest of the Town; or take any action in relation thereto. Proposed by the Community Preservation Commission/Conservation Commission Page 64 of 70  Explanation: This article is seeking to authorize and fund the purchase of approximately 10 acres of land, for open space, historic preservation, community housing, agricultural, water supply protection and passive recreation purposes, and allow the Selectmen and/or the Conservation Commission to enter into farm management agreements for up to ten years on those portions of the property that will be used for open space, water supply, and/or passive recreation purposes. Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting ARTICLE 40 – CITIZENS’ PETITION – CPA SURCHARGE To see if the Town will vote to amend certain provisions of the acceptance by the Town of the Community Preservation Act, Chapter 44B of Massachusetts General Laws, by increasing the surcharge from one percent (1%) to three percent (3%) and further to submit such increase of the surcharge, if approved by the Town Meeting, for acceptance by the voters of the Town of Duxbury at the next qualifying Town or State Election; or take any action in relation thereto. Proposed by Citizens’ Petition Recommendations: Board of Selectmen Voted 2-0 to Recommend Finance Committee Vote Available at Town Meeting ARTICLE 41 - APPROPRIATE FUNDS FOR TOWN PATHWAYS To see if the Town will raise and appropriate and/or transfer from available funds a sum of money for the purpose of funding the design, survey, and/or construction of new pathways, to include sidewalks, walking paths, and bike paths, and including all incidental and related expenses, said funds to be expended under the direction of the Town Manager and with the recommendation of the Town of Duxbury Sidewalk and Bike Path Committee; or take any other action in relation thereto. Proposed by the Sidewalk and Bike Path Committee Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting Explanation: The purpose of this article is to provide funds for new pathways which will allow the town to meet the stated goal of residents in the Envision Duxbury comprehensive master plan for safe walking and biking recreation and connectivity. Having funds to pay for design and survey will also allow the Town to apply for grant funds for construction. ARTICLE 42 -- NSTAR EASEMENT REQUEST To see if the Town will vote to authorize the Board of Selectmen to grant a permanent utility, electric and communications easement on a portion or portions of the Town-owned property located at 668 Tremont Street and described in a deed recorded with the Plymouth Registry of Deeds in Book 3341, Page 332, on such terms and conditions, and for such consideration, which may be nominal consideration, as the Board deems appropriate, or take any action in relation thereto. Page 65 of 70  Explanation: An electrical power service upgrade was required for the new construction of the Regional Old Colony Communication Center (ROCCC). An easement s required by Eversource to allow the placement and any needed service of the transformer and equipment associated with the service upgrade. Proposed by the Director of Municipal Services and Fire Chief Recommendations: Board of Selectmen Vote Available at Town Meeting Finance Committee Vote Available at Town Meeting Page 66 of 70  AND YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT by posting attested copies thereof as prescribed by M.G.L. Chapter 39, Section 10 and by Chapter 2, Section 2.3 of the Town of Duxbury General By-laws, seven (7) days before the time of holding said meeting. Hereof fail not and make due return of this warrant, with your doings thereon, to the Town Clerk at the time and place of this meeting. Given under our hands this 10th day of February, 2020.   Plymouth ss: February 19, 2020    Pursuant to the warrant I have this day notified and warned the inhabitants of the Town of Duxbury, herein described, to meet at the time and place and for the purposes as described by the By-laws of the Town. A TRUE COPY ATTESTED Page 67 of 70  TERMS USED IN MUNICIPAL FINANCE APPROPRIATION: An amount of money that has been authorized by vote of Town Meeting to be spent for a designated purpose. AVAILABLE FUNDS: In Duxbury we use the term Available Funds when referring to the Stabilization Fund, Library funds, Cemetery funds, Free cash and continued appropriations left in Articles voted at previous Town Meetings. OVERLAY ALSO CALLED ALLOWANCE FOR ABATEMENTS AND EXEMPTIONS: The overlay is the amount raised by the Assessors in excess of appropriations and other charges for the purpose of creating a fund to cover tax abatements granted and avoiding fractions in the tax rate. FREE CASH, RETAINED EARNINGS OR FUND EQUITY (SURPLUS REVENUE): This is the amount certified annually by the State Bureau of Accounts. Town Meeting may appropriate from these sources for any purpose. TRANSFER: The authorization to use an appropriation for a different purpose, in most cases only the Town Meeting may authorize a transfer. RESERVE FUND: The fund is established by the voters at an Annual Town Meeting only and is composed of an appropriation (not exceeding 5 percent of the tax levy of the preceding year). Transfers from the Reserve Fund are within the exclusive control of the Finance Committee and are for “extraordinary or unforeseen” situations, normally emergencies. STABILIZATION FUND: An account from which amounts may be used for any lawful purpose. Money may be appropriated from the Fund only by a two-thirds vote at Town Meeting. CHERRY SHEET: Also known as the State revenue distribution and assessment sheets. Named for the cherry colored paper on which the State traditionally printed it, the cherry sheet carries the figures which must be used by the Assessors in county tax and state assessments, as well as the estimated tax distributions from the State General Fund, reimbursements, agency funds, the Sales and Use Taxes, lottery distribution and State Aid to Education. Page 68 of 70  Duxbury Talent Bank Form Duxbury’s excellence as a residential community is due in large part to citizen participation in government and community affairs. The Duxbury Talent Bank was established by the Selectmen and Town Moderator to register the names, interests and qualifications of Duxbury registered voters willing to volunteer to serve their community. Residents serve as volunteers on a wide variety of town boards, committees, commissions and councils listed below. They are appointed to these organizations by the Selectmen or the Moderator as vacancies occur. The Selectmen and Moderator encourage you to register by completing this Talent Bank Form, indicating your occupation, background, areas of interest and organizations you would consider serving. Please return your completed form to: Board of Selectmen, Duxbury Town Hall, 878 Tremont Street, Duxbury, MA 02332 Please note that Talent Bank forms are kept on file for two (2) years. NAME: E-MAIL: PHONE (H) (C) ADDRESS: OCCUPATION: Date of Submittal: No. of Years in Duxbury: Please attach additional sheet(s) providing background information, relevant experience(s) or resume, if available. Land Use & Conservation ( ) Agricultural Commission ( ) Alternative Energy Commission ( ) Community Preservation Committee ( ) Conservation Commission ( ) Design Review Board ( ) Duxbury Bay Management Commission ( ) Duxbury Beach Committee* ( ) Open Space Committee ( ) Sidewalk & Bike Path Committee ( ) Zoning Board of Appeals Recreational Activities ( ) Fourth of July Committee ( ) Recreation Activities Committee ( ( ( ( ( ( ( ( ( ( ( ( ) Cemetery Trustees* ) Council on Aging ) Cultural Council ) Duxbury Affordable Housing Trust ) Economic Advisory Committee ) Highway Safety Advisory Committee ) Historical Commission ) Local Historic District Comm. ) Municipal Comm. On Disability ) Nuclear Advisory Committee ) Shellfish Advisory Committee ) Water & Sewer Advisory Board* Finance ( ) Finance Committee* ( ) Fiscal Advisory Committee* Government ( ) Board of Health Please indicate any other areas of interest *Appointed by Town Moderator Page 69 of 70  Town of Duxbury Town Meeting Article Amendment Form Article No.: Date: I, , do hereby move that: (Please print name and street address clearly) Copies to: Town Clerk, Moderator, Proponent, Finance Committee Chair and Town Counsel Page 70 of 70