Town of Hanson, MA - General By-laws Updated 7/11/00

PART 1 - ARTICLES RELATING TO TOWN MEETING

Sec. 1A. The Annual Town Meeting shall be held on the first Monday in May at 7:30 o’clock in the afternoon. The primary purpose of this meeting shall be to deal with all financial matters of the Town including revisions of the Classification and Compensation By-Law, if necessary. The election of Town Officers and the voting upon questions as required by General or Special Law shall be considered as part of the Annual Town Meeting, shall be included in the Warrant for that Annual Town Meeting and shall be held on the third Saturday in May. The hours for the opening and the closing of the polls shall be left to the discretion of the Board of Selectmen.

Sec. 1B. The Board of Selectmen shall call one Special Town Meeting annually on the first Monday in October at 7:30 o’clock in the afternoon for the primary purpose of considering General By-Law and Zoning By-Law changes and other matters where financial considerations are not involved.

Sec. 1C. Nothing in this section shall prevent insertion in any Warrant of any Article on any subject proper for Town Meeting consideration, nor shall there be any restraint in the calling of additional Special Town Meetings; and the foregoing Primary purposes are set forth as a guide for the orderly conduct of Town business

Sec. 2. Notice of every Town Meeting shall be given by posting attested copies of the Meeting Warrant at the Town Hall, Fire Stations, Police Station, various public locations and Post Offices at least seven (7) days, exclusive of the day of posting, prior to the date of such Annual Town Meeting: provided further that notice of any Special Town Meeting shall be posted at least fourteen (14) days, exclusive of the day of posting, prior

to the date of such Special Town Meeting.

Sec. 3. The Town Clerk shall, after an adjournment of seventy-two (72) hours or more, of any Town Meeting, cause to be posted within twenty-four (24) hours of the adjournment, in the several places named on the preceding section. The said notice shall state the time to which the Meeting stands adjourned, and shall contain a concise statement of matters remaining to be acted upon.

Sec. 4A. Whenever an Article is inserted in a Warrant upon the request of any voter or voters other than a Town Officer, the same shall be in writing and signed by said voter or voters; and the Warrant shall stipulate Proposed by and the name or names of such persons. If the number of persons requesting the insertion of an Article in a Warrant exceeds ten, the Board of Selectmen may omit all the names of such persons except the name of the first person who has signed the request or petition and in such case they shall add after such and (number) others, giving the number of the signers.

Sec. 4B. If an Article is inserted in the Warrant at the request of a Town Officer, Board, Committee or Commission of the Town, said request shall be signed by such Town Officer, or by a majority of such Board, Committee or Commission and the Warrant shall stipulate that said Article was Proposed by and then stating the official title of such Officer, Board, Committee or Commission.

Sec. 4C. The Board of Selectmen shall insert in the Warrant for the Annual Meeting all subjects, the insertion of which shall be requested of them in writing, and signed, by ten or more registered voters of the Town; and in the Warrant for every Special Town Meeting, all subjects, the insertion of which shall be requested of them in writing, and signed, by one hundred or more registered voters or by ten percent of the total number of registered voters of the Town, whichever number is the lesser.

Sec. 5. The Board of Selectmen shall, immediately after issuing a Warrant for a Town Meeting, transmit a copy thereof to the Secretary of the Finance Committee and the Moderator.

Sec. 6. No action shall be acted upon at any Town Meeting unless there are present one hundred or more registered voters of the Town.

Sec. 7. No action at Town Meeting shall be valid unless the subject thereof is contained in the Warrant. In the case of an Article requiring the transfer of funds from an appropriation voted at any Town Meeting, such Article shall specifically identify the sources of said funds by stating the dates of the Meeting at which originally voted, the Article number, and line item if appropriate.

General Laws, Ch. 39, s. 9 (Time of Annual Meetings, Adjournment)

Ch. 39, s. 10 (Warrants; exclusion from Meetings; Certification of

Ch. 39, s. 12 (In the case of refusal by Selectmen)

Ch. 44, s. 1 (Certain terms defined)

PROCEDURE OF TOWN MEETING

Sec. 1. At the time appointed for a Town Meeting, the Town Moderator shall call the Meeting to order and the Town Clerk shall read the Warrant

Sec. 2. Prior to the conducting of any business, the Moderator shall ascertain the presence of a quorum and state its existence.

Sec. 3. Every person when about to speak shall rise, respectfully address the Chair and wait until he is recognized and in speaking he shall refrain from mentioning by name any other person present and shall confine himself to the question under consideration.

Sec. 4. No person, while speaking, shall be interrupted by another, except to call to order, or to rise to a point of personal privilege.

Sec. 5. No person shall speak more than once on any question to the exclusion of any other person who may desire to speak.

Sec. 6. Any person who has a special interest in any matter under consideration at any Town Meeting shall, immediately upon being recognized by the Moderator, so state. In such case the beneficiary shall be stated. A special interest shall be construed as extending beyond the normal interests of taxpayers/property owners such as interests resulting from employment, contracts, association etc.

Sec. 7A. All committees shall be appointed by the Moderator unless the Meeting by vote otherwise directs. Said committees shall report at the succeeding Annual Town Meeting unless the Meeting otherwise directs. It shall be deemed discharged at the time of the required report unless the time at which it is to report has been extended by vote of a Town Meeting.

Sec. 7B. Whenever the report of a committee contains a recommendation for the appropriation of Town funds, the committee making such recommendation shall submit a copy thereof to the Finance Committee at least thirty (30) days before the Town Meeting at which said report is to be considered by the Town; and no such recommendation shall be acted upon until a report thereon has been made by the Finance Committee.

Sec. 7C Whenever the report of a committee is placed in the hands of the Moderator, it shall be deemed to have been submitted to the Meeting for its action thereon, except as provided in Section 7B.

Sec. 7D. The report of a committee which is to be submitted to a Town Meeting may by vote of the Town be printed and distributed prior to action thereon and in any case shall be printed in the Annual Town Report.

Sec. 8A. All votes may be reconsidered and require a two-thirds (2/3) majority of those present and voting. Motions for reconsideration shall be debatable.

Sec. 8B. A motion for reconsideration of any vote shall not be entertained by the Chair until another item of business of the Meeting has intervened.

Sec. 8C. Prior warning of an intention to reconsider a vote must be made at the same session at which the vote to be reconsidered was cast. Such warnings must be made in open session and to the Chair.

Sec. 8D. A motion to reconsider a vote a second time and a motion lacking the necessary warning intention shall not be in order or entertained by the Chair except by a four-fifths (4/5) vote of those present and voting.

Sec. 8E. No other stipulations shall be imposed on motions for reconsideration.

Sec. 9 No motions, the effect of which would be to dissolve the Meeting shall be in order until every Article in the Warrant has been duly considered and acted upon.

Sec. 10. No Article in any Town Meeting Warrant shall be passed over without the opportunity for discussion on related matter in the Article.

Sec. 11. All motions and amendments submitted for the consideration of the Meeting shall be in writing except for amendments to dates and/or dollar amounts. A copy of the motion and/or amendment will be given to the Moderator prior to consideration by the Meeting.

PART 2 - ARTICLES RELATING TO TOWN OPERATIONS

GENERAL PROVISIONS GOVERNING ALL DEPARTMENTS, BOARDS, COMMITTEES COMMISSIONS AND ELECTED OFFICERS

Sec. 1. All Departments, Boards, Committees, Commissions and elected Officers shall notify the Town Clerk and the Town Accountant of their organization, their office hours and the time and place of meetings.

Sec. 2. All Departments, Boards Committees and Commissions and elected Officers charged with the expenditure of Town funds shall annually prepare a budget, detailing estimates of the amounts necessary to carry on Town’s business entrusted to them, for the ensuing year. Figures covering the previous year’s appropriation shall be provided by them as well as figures indicating amounts expended two years previous to the estimate presented. They shall also prepare estimates of any income may be received by the Town during the ensuing year in connection with the Town’s business or property in their care. The Board of Selectmen shall include in their estimates, the salaries of all Elected Town Officers and all other items not provided for. The salaries of all other persons shall be included in the estimates of the Officers, Boards, Committees or Commissions appointing them. The Treasurer shall include in his estimates the amounts required for the payment of interest on the obligations of the Town and the amounts of maturing indebtedness during the succeeding year. Seventeen (17) such estimates and explanations shall be filed with the Town Accountant on or before December 31st, and said Town Accountant shall retain one copy and deliver a copy to each member of the Board of Selectmen, plus a copy for their file, a copy to each member of the Finance Committee, plus a copy for that Committee’s file.

Sec. 3. The Board of Selectmen, or procurement officer designated pursuant to G.L. 30B is authorized to enter into any contract for the exercise of the Town’s corporate powers, or such terms and conditions as are deemed appropriate. Notwithstanding the foregoing, the Board of Selectmen, or procurement officer shall not contract for any purpose, on any terms, or under any conditions inconsistent with any applicable provision of any General or Special Law.

Sec. 4. Every Town Board, Committee, Commission and Officer responsible for the expenditure of money shall furnish to the Town Accountant a copy of all Purchase Orders and requisitions for services incurred. In addition, every Department, Board, Committee, Commission and Officer making or entering into any written contract for goods or services, shall have said contract certified by the Town Accountant indicating the availability of funds for same, and furthermore shall file the contract with the Town Accountant before any payment is made thereon. A copy of any vote adopted which involved the expenditure of money by a Board, Committee or Commission shall be provided to the Town Accountant.

Sec. 5. Every Town Officer, Board, Committee, Commission or Department Head shall use a Purchase Order system administered by the Town Accountant. The Town Accountant shall annually prepare a list of suppliers for basic office needs to be used by all Town departments. All other purchases shall be approved by the Town Accountant.

Sec. 6. With the Board of Selectmen’s approval, any Officer or Board in charge of a Department may sell to any person, property or material no longer needed and having a value of less than five hundred dollars ($500.00) that is lawfully in the custody of and belonging to such department. No property of the Town having a value in excess of two hundred dollars ($200.00) shall be sold except at public auction or by sealed bid after not less than seven (7) days notice in one (1) or more newspapers published in the County of Plymouth.

Sec. 7. Annually, on or before the fifteenth day of January, every Officer or Board in charge of a Department shall transmit to the Board of Selectmen a written report on the activities of the Department for the past calendar year. Said report, as judged proper by the Board of Selectmen, to be printed in the Town Annual Report.

Sec. 8. No member of any Department, Board, Committee, Commission nor any Town Officer shall receive any compensation or fee for work done while performing in their official capacity for the Town except salary and fee allowed by law; nor shall they enter into any contract with any Department of the Town without the permission of the Board of Selectmen expressed by a vote, duly recorded with the stated reason.

Sec. 9. There shall be an annual audit of the Town’s accounts under the supervision of the Director of Accounts of the Department of Revenue in accordance with the provisions of Chapter 44, Section 35 of the General Laws.

Sec. 10. Except under extreme emergencies publicly declared by the Board of Selectmen, no contract for work or service to be done for the Town (other than professional), or the purchase of materials, supplies or equipment costing four thousand dollars ($4,000.00) or more, shall be awarded by any Board, Committee, Commission or Officer unless written proposals have first been solicited by advertisement in a daily newspaper printed in Plymouth County having the greatest circulation in the County or by letter of invitation to at least two (2) responsible persons, or by both means. Such solicitation to state the time and place where plans and specifications of proposed work, services or supplies may be obtained and the time for opening the proposals in answer to requests or advertisements or in accordance with the provisions of Chapter 7, Section 22-A of the General Laws. The Town shall reserve the right to reject any and all such proposals. No work, service or purchase (other than professional), for which a contract is proposed shall be split or divided for the purpose of evading the provisions of this Section. All statements of emergency letters, proposals and contracts herein referred to shall be kept on file and open to public inspection at reasonable times.

Sec. 11. Every Department, Board, Committee and Commission shall be responsible for the proper use, handling, storage conditions and security of all tangible personal property in its possession or under its control. In a format prescribed by the Town Accountant and approved by the Finance Committee, each shall annually prepare an inventory listing of all tangible personal property in its possession or under its control as of the preceding January 1st. A separate listing identifying property declared or no further value or use and considered surplus shall also be prepared as well as a statement detailing estimated requirements for the current year. All three items shall be furnished to the Town Accountant and Finance Committee no later than January 15th of each year. The Board of Selectmen may at any time, without notice, make or cause to be made an independent inventory of all property. Said inventories shall be filed with the Town Accountant.

All Departments, Boards, Committees, Commissions and elected Officials having responsibility for a Town Vehicle or Vehicles and any other mechanical equipment purchased by the Town, shall be required to maintain a maintenance log for said equipment. The log shall contain all pertinent information concerning general servicing, repairs, replacement and condition of said equipment. The log shall note the Department in charge of the equipment to include name, VIN or serial number, brand and any other pertinent descriptive information.

Sec. 12. All Town Officers are required to pay all fees received by virtue of their office, into the Town Treasury. This By-Law is authorized under the provisions of Chapter 40, Section 21 (13) of the General Laws and intended to include all those fees otherwise to be kept under any Section of this General Law of the Commonwealth of Massachusetts.

Sec. 13. All Boards, Committees, Commissions of the Town shall compile and maintain minutes of all posted and emergency meetings and shall forthwith file a copy of said minutes with the Town Clerk. Minutes of Executive Sessions need not be filed with the Town Clerk until such time as the reason for the session is no longer valid.

Sec. 14. Any member of an appointed Committee absent for four (4) or more consecutive meetings may be removed by a two-thirds (2/3) vote of the other members present and voting. The result of such a vote shall be forwarded immediately to the appointing authority and the Town Clerk. Further, a copy of such action shall be sent to the party removed.

Sec. 15. The Town of Hanson may deny any application for, or revoke or suspend any local license or permit including renewals and transferred issued by any Board, Officer, Department for any person, corporation or business enterprise who had neglected or refused to pay any local taxes, fees assessments, betterments, or any other municipal charges. This By-Law shall provide that:

A. The Treasurer/Collector shall annually furnish to each Department, Board, Commission or Division, herein after referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of any person, corporation, or business enterprise, herein after referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board.

B. The licensing authority may deny, revoke or suspend any license or permit, including renewals or transfers of any party whose name appears on said list furnished to the licensing Authority from the Treasurer/Collector; provided however, that written notice is given to the party and the Treasurer/Collector, as required by applicable provisions of the law, and the party is given a hearing, to be held not earlier than fourteen days after said notice. Said list shall prima facia evidence for denial, revocation or suspension of said license or permit to any party. The Treasurer/Collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any finding made by the licensing Authority with respect to such license denial, revocation or suspension shall be made only for the purpose of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority received a certificate issued by the Treasurer/Collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the to the municipality as the date of issuance of said certificate.

C. Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided however, that the holder be given notice and a hearing as required by applicable provisions of the law.

D. The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in section one or Chapter Two Hundred Sixty-eight in the business or activity conducted in or on said property.

This section shall not apply to the following licenses or permits; open burning, section thirteen of Chapter Forty-eight; Bicycle permits, Section Eleven A of Chapter Eighty-five; Sales of Articles for Charitable purposes, Section Sixty-nine of Chapter One Hundred and Forty-nine; Clubs, Associations dispensing food or Beverage Licenses, Section Twenty-one E of Chapter One Hundred Forty; Dog License, Section One Hundred Thirty-seven of Chapter One Hundred and Forty; Fishing, Hunting, Trapping License, Section Twelve of Chapter One Hundred and Thirty-one; Marriage Licenses, Section Twenty-eight of Chapter Two Hundred and seven; and Theatrical Events, Public Exhibition permits, Section One Hundred and Eighty-one of Chapter One Hundred and Forty. (Sections are MGL)

BOARD OF SELECTMEN

Sec. 1. The Board of Selectmen shall have full authority as agents of the Town to prosecute and defend all suits in which the Town is a party. They may settle at their discretion any legal and valid claim or suit against the Town which does not require the payment of more than three hundred dollars ($300.00). Any settlement requiring a payment greater than three hundred dollars ($300.00), except when authorized by law, shall be made only when authorized by vote of a Town Meeting.

Sec. 2. The Board of Selectmen may appear either personally or be represented by Town Counsel before any Committee of the Legislature, any State or County Official, any Board or Commission to protect the interests of the Town, but are not authorized by this By-Law to commit the Town to any course of action.

Sec. 3. All conveyances under seal which may hereafter be executed by the Town pursuant to a vote of the Town or otherwise, shall be sealed with the Town Seal and described by a majority of the Board of Selectmen for the time being, unless otherwise directed by the Town or by Statute.

Sec. 4. The Board of Selectmen shall in their Annual Report, unless such information is contained in other reports to be published in the Annual Town Report, state what action they have taken during the proceeding year on all matters within their jurisdiction. They shall cause Annual Reports of the Town to be printed, and shall cause a copy to be available for every occupied dwelling in the Town.

Sec. 5. The Board of Selectmen are hereby authorized to sell property taken by the Town under Tax Title Procedure under the provisions of M.G.L. Chapter 60, s. 52. At least fourteen (14) days before the sale, notice of the time and place of the sale shall be posted in the Town Hall, Post Offices in the Town and by printing the legal notice in a daily and/or weekly newspaper printed in Plymouth County and having the largest circulation in the Town. The Board of Selectmen have full authority to reject any bid they deem inadequate.

Sec. 6. No member of the Board of Selectmen shall enter into any contract or agreement from which he will derive any direct or indirect benefit with any Department of the Town without the majority approval of the Finance Committee and in conformity with Chapter 268A (Conduct of Public Employees) of the General Laws. Said approval shall be recorded with the Secretary of the Finance Committee, and a copy thereof shall be attached to such contract or agreement.

Sec. 7. The above section shall also apply to all other elected or Appointed Town Officers, Committees and Commissions.

Sec. 8. The Board of Selectmen is authorized to apply for, accept and expend any funds allotted by federal grant for any designated purpose that does not entail matching Town funds.

Sec. 9. The Board of Selectmen shall require and regulate the numbering of all buildings as authorized by Chapter 40, Section 21-10 of the General Laws. The regulation of numbering shall be governed by this By-Law and be enforced by the Hanson Fire Department or by any other agent so assigned by the Selectmen as follows:

At the time of sale, rental, occupancy or transfer of any dwelling house in the Town of Hanson, street numbers assigned to such dwelling houses by the Inspector of Buildings shall be affixed in such a manner that they are easily visible from the public way. Any dwelling house more than fifty feet (50’) from the public way shall affix numbers to both sides of that dwelling’s mail box or shall otherwise post in such a manner that they are easily visible from the public way.

No sale, rental, occupancy or transfer of such dwelling house shall take place until the Hanson Fire Department verifies that such numbers are affixed in accordance with the intent of this By-Law.

The owner of any dwelling house not sold, rented and which is currently occupied and not transferred, shall within twenty-four (24) months from acceptance of this By-Law, provide street numbers assigned by the Hanson Inspector of Buildings as required by the By-Law. The Town of Hanson, its officials, and various Departments shall not be held responsible for the failure of the dwelling house property owner in numbering properly the existing dwelling house and the potential for delayed response time in emergency situations.

Reference: Chapter 41, Sections 20, 23A, 23B, 23C.

BOARD OF ASSESSORS

Sec. 1. The Board of Assessors shall once a year prepare an official list of the taxable real and personal estates in the Town. Said list shall contain the names of the owners arranged alphabetically, and locations and brief description of the property and its value as determined by the Board of Assessors and the total tax assessed in the year in which said list is prepared. The Board of Assessors shall have said list on file, copies of which will be available for a fee established by the Board of Assessors.

SEC. 1. The Town Clerk shall cause all deeds or other instruments conveying land or any interest in land to the Town to be immediately recorded in the Registry of Deeds, and shall have custody of all recorded instruments after the same have been returned by said Registry.

Sec. 2A. The Town Clerk, after every election, shall give written notice to each person elected to a Town Office or Board.

Sec. 2B. The Town Clerk shall notify all appointive Officers and members of Committees, Commissions or Boards of their appointment by the Board of Selectmen or the Moderator. In providing such notice, the Town Clerk shall also provide each appointee with a copy of the vote prescribing the duties to be performed if such a document is appropriate.

Sec. 2C. The Town Clerk shall provide to all Officers, Boards, Committees and Commissions, whether elected or appointed, with copies of all votes of Town Meetings and copies of By-Laws affecting them or their duties.

Sec. 3. The Town Clerk shall keep in the Clerk’s office, permanently bound, one or more files of the Town Reports.

Sec. 4. The Town Clerk shall not allow original papers or documents to be taken from his office, except as they remain in the Clerk’s custody or by authority of law.

Sec. 5. The Town Clerk shall fix regular hours during which the Clerk’s office shall be open and shall give public notice thereof.

Sec.6. The Town Clerk shall annually furnish the Board of Selectmen with a true copy of the record of the proceedings of the Town Meetings held during the proceeding year so that such record may be published in the Annual Town Report.

COLLECTOR OF TAXES

Sec. 1. The Collector of Taxes, under the title of Town Collector shall collect all accounts due the Town and shall have the power and duties necessary to accomplish the same as provided by the laws of the Commonwealth of Massachusetts.

Sec. 2. The Town Collector shall, at least once each week, remit to the Treasurer all monies received.

Sec. 3. The Town Collector shall give bond to the Town for the faithful performance of duties in a form approved by the Commissioner of Revenue and in such sum set by the Board of Selectmen but not less than the amount established by said Commissioner.

Sec. 4. The Town Collector shall notify the Board of Selectmen whenever it seems advisable that suit should be instituted on behalf of the Town for the collection of any account due the Town.

Sec. 5. The Collector shall furnish quarterly and annually a report stating changes in account balances for each receivable account per his records. Such report to include: Total Commitments, Total Refunds, Total Cash Collections, Total Abatements, Total Abatement Cancellations, other such charges and/or credits. The distribution of said report will be: Town Accountant, Board of Selectmen, Town Treasurer,

Sec. 6. The Town Collector shall fix regular hours during which his office shall be open and he shall give public notice thereof.

Sec. 7. The use of the wording Tax Collector and Town Collector shall have the same meaning as Collector of Taxes.

Sec. 1. The Town Treasurer shall receive and take charge of all money of the Town and shall have all the powers and duties necessary to accomplish the same as provided by the laws of the Commonwealth of Massachusetts. The Treasurer shall make prompt and timely deposits of funds in his charge and at no time should more than one (1) week elapse between the time of the receipt and time of deposit.

Sec. 2. The Treasurer shall pay no money without a warrant or order signed by a majority of the Board of Selectmen and the Town Accountant. The warrant or order shall be sufficient authority to the Treasurer to pay money in accordance therewith. Such payment shall discharge the Treasurer from all liability of the monies paid.

Sec. 3. The Treasurer shall furnish such information respecting the accounts, finances, payment to and obligations of the Town as the Board of Selectmen may from time to time require. The Treasurer shall furnish a quarterly report to the Board of Selectmen and the Town Accountant that shall include but not be limited to: Cash Balances-Unrestricted Checking Accounts, Cash Balances-Restricted Checking Accounts, Cash Balances - Savings Accounts, Investment Balances, Interest Income Earned, Outstanding Short Term Debt, i.e. Revenue Anticipation Notes, Bond Anticipation Notes with such listing to include maturity date and interest cost, Balance of Tax Title or Other delinquent accounts in Treasurers possession and status of each.

Sec. 4. The Treasurer shall give bond to the Town for the faithful performance of duties in a form approved by the Commissioner of Revenue and in such sum set by the Board of Selectmen but not less than the amount established by said Commissioner.

Sec. 5. The Treasurer shall fix regular hours during which his office shall be open and he shall give public notice thereof.

Sec. 6. The Treasurer will file an annual report with the Board of Selectmen for inclusion in the Annual Report. The report to include:

a) A list of all notes issued during the year and the purpose for which the money was borrowed, giving the dates, terms, amount, rate of interest, time of maturity, the premium, if any, received thereon, and the names of the parties from whom the funds were borrowed.

b) A list of all notes paid during the year and a list of all outstanding notes, with the dates on which they will mature.

BURIAL GROUND FUNDS

Sec. 1. The Town will accept and hold in trust, any monies and/or securities, which may be deposited with the Town Treasurer, for the purpose of preservation, care, improvement and/or embellishment of any public or private burial place, lots or graves. The terms of such deposit must state all provisions for use of income and principal and be in accordance with the statutes of the Commonwealth of Massachusetts.

Sec. 2. Monies and securities received under the provisions of this Article shall not be deposited with other monies or securities of the Town. These deposits shall be kept and invested separately as a Cemetery Fund.

Sec. 1. The Board of Selectmen shall appoint a Town Accountant who shall perform all the duties and possess all the power prescribed by General Law, Chapter 41, s. 55 to 61 inclusive.

Sec. 2A. The Town Accountant shall submit the following to the Board of Selectmen within the first ten working days of each month:

a) A detailed report of the amounts of all appropriations.

b) All drafts made on account of each such appropriation.

c) All receipts during the preceding month.

d) A summary report of the same since the beginning of the fiscal year.

e) Unexpended balances of all appropriations.

Sec. 2B. The Town Accountant shall prepare any other financial statements as may be required by the Board of Selectmen.

Sec. 2C. The Town Accountant shall file a summarized statement of the fiscal affairs of the Town for the preceding fiscal year with the Secretary of the Finance Committee not later than July 15 each year.

Sec. 3. The Town Accountant shall include in the Annual Report:

a. A statement of the amount of money received by the Town from sources other than taxation during the preceding year

b. A list of all Insurance Policies held by the Town, which list shall include a statement of the property covered the names of the Companies and the amount of each policy.

Sec. 1A. At the end of the fiscal year all unexpended or unencumbered balances contained in the budget voted for that same fiscal year shall be transferred to the account of Excess and Deficiency.

Sec. 1B. In the case of appropriations voted by the Town other than budget appropriations, e.g. by separate article approval, all unexpended or unencumbered balances remaining at the conclusion of the fiscal year within which voted, shall be transferred to the account of Excess and Deficiency unless otherwise stipulated in the vote creating the appropriation or, if determined by the Town Accountant and the Department Head involved, that the intent for which the appropriation was created has not been fulfilled.

Sec. 1C. No appropriation existing at the time of the approval of this section shall be affected.

Sec. 2A. It shall be the duty of the several Boards, Committees, Commissions and Officers of the Town to submit to the Town Collector, without delay, all accounts due the Town with all available information in relation thereto.

Sec. 2B. The Board of Selectmen shall take action with respect to all uncollected accounts as they deem in the best interests of the Town.

FINANCE COMMITTEE

Sec. 1A. The Finance Committee shall consist of seven (7) voters of the Town other than Town Officers or employees. Three terms shall expire in 1989, two terms shall expire in 1990 and two terms shall expire in 1991. The Moderator shall, annually, within thirty (30) days of his election appoint to the Finance Committee members for terms of three years each to fill vacancies that exist at that time. Any members of said committee who shall be elected to any other Town Office, or shall move from the Town, or who shall be employed by the Town, shall, upon qualifying for the Office to which he was elected, or by his removal from the Town, or by the previously stated employment, cease to be a member of said committee.

Sec. 1B. In addition to the above, the Moderator shall also fill vacancies that may occur during a three (3) year term due to resignation or removal of any member from the Committee for any reason whatsoever.

Sec. 1C. The membership shall choose from its membership a Chairman, Vice Chairman and Secretary.

Sec. 2A. It shall be the duty of the Committee to consider any or all municipal questions for the purpose of making reports or recommendations. The Committee shall consider all matters within the Articles of any Warrant for a Town Meeting and, after due consideration, print or otherwise provide information and recommendations as it deems best. All recommendations shall be by majority vote, but this shall not be construed to prevent recommendations by a minority.

Sec. 2B. The Finance Committee shall have the authority to review the books, accounts and financial management of any Department of the Town, ten (10) days after notifying said Department of their intention to do so and the books and accounts off all Departments and Offices of the Town shall be open to inspection of the Committee and of any person employed by it. It may appoint from its own membership, sub-committees and delegate to them such of its powers as it deems expedient.

Sec. 3. Upon receipt of the budget estimates as outlined in Article 2-1, s. 2 of these By-Laws, the Finance Committee shall consider the estimates and add another column to the estimate reflecting the amounts which, in their opinion, should be appropriated for the ensuing year. The Committee may add explanations, suggestions and recommendations in relation to the proposed appropriations, as it deems best. The budget estimate and committee recommendations shall be printed and distributed with the Town Report at least 14 days prior to the Annual Town Meeting. A copy of the submitted budget estimate shall be returned to the preparer at least 14 days prior to the Town Meeting identifying and explaining recommendations for change of any item requested.

Sec. 4. Any Department, Board, Committee, Commission and elected Officer of the Town, when about to request an appropriation in addition to that made at the Annual Town Meeting, shall file a written notice with the Board of Selectmen of the intention, at least thirty-one (31) days before the Town Meeting at which the request is to be acted upon and he or they shall state the object for which the appropriation is required and the amount to be requested. The Board of Selectmen shall record the notice and inform the Finance Committee. The Finance Committee shall examine the subject matter of the request and be prepared to furnish the Meeting with all necessary information. An appropriation may be requested without the required notice, but in the absence of the required notice, no action shall be taken upon it, except at an adjournment of said Meeting to a day not less than one (1) week after the date for which the Town Meeting was called. During the interim the Finance Committee shall consider the proposed appropriation and make recommendations in relation thereto.

Sec. 5. The Board of Selectmen, with the approval of the Chairman of the Finance Committee, shall provide a suitable place in which to hold its various meetings.

JUNK AND CAR DISPOSAL

Sec. 1. No person shall store or place, or permit to be stored or placed on premises which he owns, leases or occupies any debris, junk scrap metals or other waste material or products, which in the opinion of the Board of Selectmen shall be considered detrimental to the public safety, health and good.

Sec. 2. No junked, disabled or more than one unregistered motor vehicle, or parts thereof, shall be stored, parked on, placed on any premises unless the same shall be within a building or area unexposed to the view of the public abutters, or within an area licensed under Chapter 140, sections 55 to 59 of the General Laws for the storage of same by licensed junk dealers and automobile dealers.

Sec. 3. Any person violating any of the provisions of this By-Law may be fined not more than twenty dollars ($20.00) for each offense. Each day that such violation continues shall constitute a separate offense.

Sec. 1. General Information.

Sec. 1A. No person shall remove any soil, loam, subsoil, sand, gravel, stone or rock from land not in the public domain without a written permit from the Board of Selectmen

Sec. 1B. No permit shall be issued until written application has been made to the Board of Selectmen stating for what purpose and to what extent such material is to be removed.

Sec. 1C. A public hearing shall be held no less that fourteen, nor more than thirty days following the receipt of a properly submitted application.

Sec. 1D. Applicants for a removal permit related to construction, alteration, or removal of an approved building, may be exempted from the requirements of a public hearing, a log of soil borings, and such other operational and restoral standards deemed not applicable by the Board of Selectmen.

Sec. 1E. Permits may be granted for one year. Two subsequent annual renewal permits may be granted by the Board of Selectmen without a public hearing.

Sec. 1F. Permits may be revoked for failure to adhere to requirements after written notice to the permit holder defining the violation and establishing a reasonable time requirement for correction of the violation.

Sec. 1G. All permits granted will be subject to the following Operational and Restoral standards unless specifically exempted by the Board of Selectmen.

Sec. 2. Operation Standards.

Sec. 2A. No excavation, not intended for approved building purposes, will be closer than 200 feet to an existing public way unless specifically permitted by the Board of Selectmen. No excavation will approach neighboring lot lines closer than 500 feet where excavation is not permitted. Natural vegetation shall be left and maintained on the undisturbed land for screening and noise reduction purposes.

Sec. 2B. Hours of operation shall be between 7:00 A.M. and sunset on weekdays and Saturdays only and loaded trucks may leave prescribed premises only within such hours.

Sec. 2C. All loaded vehicles shall be suitably covered so as to prevent contents from spilling or blowing from the load.

Sec. 2D. Any spillage that may occur on a public way is the responsibility of the permit holder, and shall be removed promptly upon notification of same by the Highway Surveyor. If, for reasons of safety, it becomes necessary for the Town to clean up and remove such spillage, the cost shall be charged to the permit holder and shall be assessed as a lien against the performance bond.

Sec. 2E. The active gravel removal operation shall not exceed a total area of 5 acres at any one time.

Sec. 2F. All access ways leading to public ways shall be treated with stone or other suitable materials that comply with the provisions of the State Right to Know Law, to reduce dust and mud for a distance of 200 feet back from said public way.

Sec. 2G. Access roads shall be constructed at an angle to the public ways or constructed with a curve so as to help screen the operation from public view.

Sec. 2H. The permit holder shall be liable for any damage to public ways caused by trucks entering or leaving the removal site.

Sec. 2I. During operations, when an excavation is located within 200 feet of a residential area or public way and where the excavation will have a depth of more than 15 feet with a slope in excess of 1:1, a fence at least three feet high shall be erected to limit access to this area.

Sec. 2J. No area shall be excavated so as to cause accumulation of free standing water. Permanent drainage shall be provided as needed in accordance with good conservation practices. Drainage shall not lead directly into streams or ponds.

Sec. 2K. All topsoil and subsoil may be stripped from the operation area and stockpiled for use in restoring the area after the removal operation has ceased.

Sec. 2L. Any temporary shelters or buildings erected on the premises for use by personnel or for the storage of equipment, shall be screened from public view as much as possible. These structures shall be removed from the premises within thirty days after they are no longer needed.

Sec. 2M. The Board of Selectmen or their agents shall be free to inspect the premises at any time.

Sec. 2N. No excavation shall be allowed within 50 feet of a natural stream.

Sec. 3. Restoration Standards.

Sec. 3A. No slope shall be left with a grade steeper than 2:1 (50%).

Sec. 3B. All debris, stumps, boulders, etc. shall be removed from the site and disposed of in an approved location, or buried and covered with a minimum of three feet of soil in an approved area on site.

Sec. 3C. Following excavation and as soon as possible thereafter, ground levels and grades shall be established as shown on the completed topographical plan.

Sec. 3D. Retained subsoil and topsoil shall be respread over the disturbed area to a minimum depth of four inches. This soil shall be treated with three tons of lime per acre and 1,000 pounds 10-10-10 fertilizer per acre and seeded with a grass or legume mixture prescribed by the Conservation District. Trees or shrubs of prescribed species will be planted in order to provide screening, natural beauty, and to reduce erosion. The planted area shall be protected from erosion during the establishment period using good conservation practices.

Sec. 3E. Upon completion of the operation, the land shall be left so that the natural storm drainage leaves the property at the original natural storm drainage points and so that the area of drainage to any one point is not increased.

Sec. 3F. Within six months of termination of removal operations all equipment, buildings, structures and unsightly evidence of operations shall be removed from the premises.

Sec. 4. Bond Requirement. No permit shall be issued until a performance bond or assignment of account has been posted with the Town in the amount of $1,000 per acre of operation. Said bond will be released only after the land has been restored as outlined under the Restoration Standard Section.

Sec. 5. Penalty. A person violating any of the provisions of this By-Law shall be fined in accordance with the schedule set forth below, and each day that such violation continues shall constitute a separate offense:

First Offense (first day) $50.00

Second Offense (second day) $100.00

Third and subsequent Offenses $200.00

(third day and following days)

and in addition to any civil or equitable enforcement of this By-Law, the Town, by its appropriate officer, board, department may pursue the non-criminal procedure outlined under M.G.L. Chapter 40, s. 21D and seek a fine in accordance with the maximum allowed under said statute.

WETLANDS PROTECTION

The purpose of this By-Law is to protect the wetlands, related water resources, and adjoining land areas in the Town of Hanson by controlling activities deemed by the Hanson Conservation Commission likely to have a significant or cumulative effect upon wetland values, including but not limited to the following: public or private water supply, groundwater, flood control, erosion and sedimentation control, storm damage prevention, water pollution control, fisheries, wildlife habitat, recreation, aesthetics, and agricultural values (collectively, the Wetlands values protected by this By-Law).

Sec. 2. JURISDICTION.

Except as permitted by the Hanson Conservation Commission or as provided in this By-Law, no person shall remove, fill, dredge, build upon, or alter the following areas:

a) Within 100 feet of any freshwater wetland, marsh, wet meadow, bog, or swamp;

b) Within 100 feet of any bank, lake, pond, stream;

c) Any land under said waters;

d) Within 100 feet of any land subject to flooding or inundation by groundwater or surface water.

A Notice of Intent required by this By-Law shall not be required for maintaining, repairing, or replacing an existing and lawfully located structure or facility used in the service of the public to provide electric, gas, water, telephone, telegraph or other telecommunication services, provided that:

a) The structure or facility is not substantially changed or enlarged;

b) Written notice, with detailed plans of the work to be performed has been given to the Conservation Commission prior to commencement of work;

c) The work conforms to performance standards and design specifications in regulations adopted by the Commission

A Notice of Intent required by this By-Law shall not apply to emergency projects necessary for the protection of the health or safety of the public, provided that:

d) The work is to be performed by or has been ordered to be performed by an agency of the Commonwealth of Massachusetts or apolitical subdivision thereof;

e) Advance written notice, has been given to the Commission prior to commencement of work, within 24 hours or at the latest by the end of the following work day;

f) The Commission or its agent certifies the work as an emergency project;

g) The work is performed only for the time and place certified by the Commission for the limited purpose necessary to abate the emergency;

h) Within 21 days of commencement of an emergency project a Notice of Intent shall be filed with the Conservation Commission for review as provided in this By-Law.

Upon failure to meet these and other requirements of the Commission, the Commission may after notice and a public hearing, revoke or modify and emergency project approval and order restoration and mitigating measures.

Other than as stated in this section, the exceptions provided in M.G.L. Ch. 131, s. 40 (Wetlands Protection Act) shall not apply.

Sec. 4. PERMIT APPLICATIONS AND REQUESTS FOR DETERMINATION

A Notice of Intent under MGL Ch. 131, s. 40 (The Wetlands Protection Act) shall be filed with the Conservation Commission to perform activities regulated by this By-Law affecting resource areas protected by this By-Law. The Notice of Intent shall include such information and plans as are

deemed necessary by the Commission to describe proposed activities and their effects on the environment. No activates shall commence without receiving and complying with an Order of Conditions issued pursuant to this By-Law and MGL Ch. 131, s. 40.

Any person desiring o know whether or not proposed activity or an area is subject to this By-Law may request a determination from the Commission. A request for Determination of Applicability shall contain data and plans specified by the regulations of the Commission.

At the time of filing a Notice of Intent or request, the applicant shall pay a filing fee specified in the regulations of the Commission, or as required by the Massachusetts Wetlands Protection Act, amended section 310 of 801 CMR 4.02 pursuant to MGL c 131, s. 40 and ch. 236, section 10 Acts of 1988; whichever is larger. The Commission may waive the filing fee for a Notice of Intent or request filed by a government agency.

Sec. 5. NOTICE AND HEARINGS.

Upon filing a Notice of Intent or a Request for a Determination of Applicability with the Conservation Commission, the applicant shall give written notice thereof, by certified mail or signed hand delivery to all abutters according to the most recent records of the Assessors. Abutters include property owners across a traveled way, body of water, or a Town line. The notice to abutters shall enclose a copy of the Notice of

Intent or the Request for Determination and a plan, or shall state where copies of same may be examined by abutters. When a person making a Request for Determination of Applicability is other than the property owner(s), the Request, the Notice of Hearing and the Commission’s decision shall be sent by the Commission to the owner(s) as well as to the person submitting the Request for Determination.

The Commission shall conduct a public hearing on any properly filed Notice of Intent or Request for Determination with written notice given of such hearing as to time, place, and subject of the hearing, by the applicant, at the expense of the applicant, in a newspaper of general circulation in the Town at least five working days prior to the hearing. The Commission shall commence the public hearing within 21 days of recorded receipt of a completed Notice of Intent or a Request for Determination and shall issue its decision in writing within 21 days of the close of said public hearing. In an appropriate case, the Commission may combine its hearing under this By-Law with the hearing conducted under MGL Ch. 131, Section 40 (The Wetlands Protection Act).

The Commission shall have the authority to continue any hearing to a certain date announced at the hearing, for reasons stated at the hearing, which may include receipt of additional information offered by the applicant or other information and plans required of the applicant deemed necessary by the Commission in its discretion, or for comments and recommendations of other Town Boards and Officials. If the applicant objects to a continuance or postponement, the hearing shall be closed and the Commission shall take action on such information as is available.

Sec. 6. PERMITS, DETERMINATIONS AND CONDITIONS

If after a public hearing, the Conservation Commission determines that the activities which are the subject of the application are likely to have a significant or cumulative effect on the wetland values protected by this By-Law, the Commission shall, within 21 days of the close of the hearing, issue or deny a permit for the activities requested. If it issues a permit, the Commission shall impose conditions which it deems necessary or desirable to protect those values, and all activities shall be done in accordance with those conditions.