Warrant Advisory Committee 10-9-24

To see if the Town will vote to transfer the sum of $15,000.00 from Free Cash to the Unemployment Compensation Fund to provide for unanticipated costs of funding reimbursements to the Commonwealth for unemployment compensation benefits under the provisions of MGL Chapter 151A; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

To see if the Town will vote to transfer the sum of $25,000.00 from Water Enterprise Fund Retained Earnings to the Compensated Absences Reserve Fund; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

To see if the Town will vote to appropriate $161,738.69 from the PEG Access and Cable Related special revenue fund to support the provision of public, education and governmental access cable television services. This amount includes $136,738.69 from Comcast for FY2024 annual Cable-Related Equipment/Facilities Funding and two quarterly Franchise Fee payments for the period January - June 2024 per sections 6.3 and 7.2, respectively, of Comcast’s Cable TV Renewal License contract; plus $25,000.00 from Breezeline for FY2025 annual Cable-Related Equipment/Facilities Funding per section 6.3 of Breezeline’s Cable TV License contract; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

To see if the Town will vote to authorize the Board of Selectmen to lease/purchase and equip a new 5-ton vehicle with wing blade and salter for the Department of Public Works for a term in excess of three years, including all incidental and related costs, in accordance with the provisions of G.L. c.44, §21C; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

To see if the Town will vote to transfer the sum of $40,000.00 from Free Cash to FY2025 DPW budget line item number 0100.0413.5237 (DPW -- Stormwater Management) for the purpose of funding various drainage projects in town, including all incidental and related costs; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

To see if the Town will vote to transfer the sum of $25,000.00 from Free Cash to FY2025 budget line item number 0100.0413.5240 (DPW - - Building Repair and Maintenance) for the purpose of repairing the roof of the Town’s salt shed, including all incidental and elated costs; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

To see if the Town will vote to transfer the sum of $1,411.10 from Free Cash to FY2025 budget line item number 0100.0124.5360 (Central Services – Advertising) for the purpose of paying outstanding bills from a previous fiscal year; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

To see if the Town will vote to transfer the sum of $25,000.00 from Free Cash to FY2025 budget line item number 0100.0413.5244 (DPW – Parks Maintenance) for the purpose of funding certain improvements to Partridge Brook Park, including all incidental and related costs; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

To see if the Town will vote to transfer the sum of $20,000.00 from Sewer Enterprise Fund Retained Earnings to FY2025 Sewer Enterprise Fund Budget line item number 6000.0440.5277 (Purchase of Services – Land Survey) for the purpose of performing a property survey and preparing an easement plan for the outfall area at the Town’s wastewater treatment facility on Elm Street, including all incidental and related costs; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

To see if the Town will vote to transfer the sum of $8,500.00 from Free Cash to FY2025 budget line item number 0100.0210.5240 (Police department – Building Repair and Maintenance) for the purpose of performing repairs to the HVAC system on the third floor of the Police Headquarters building, including all incidental and related costs; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

To see if the Town will vote to authorize the Board of Selectmen to lease/purchase and equip a new fire engine for the Fire Department for a term in excess of three years, including all incidental and related costs, in accordance with the provisions of G.L. c.44, §21C; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

To see if the Town will vote to authorize the Board of Selectmen to acquire on behalf of the Town by gift, purchase or eminent domain the fee to and/or easements in ways commonly known as Beach Access #3, Beach Access # 6, Beach Access #7, Beach Access #12, Beach Access #13, Beach Access #14, a Beach Access Way known as Fifth Street East (located between 35 and 37 Commonwealth Avenue), and a Beach Access Way known as Morley Way (between 11 and 13 Commonwealth Avenue), for all the purposes for which public ways and/or public footways are used in the Town of Salisbury, and any drainage, utility, access, and/or other easements related thereto; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

To see if the Town will vote to amend the Town of Salisbury zoning bylaw Chapter 300, Article VIII (Floodplain District) by deleting this Article in its entirety and inserting the following in place thereof, or to take any other action relative thereto: ARTICLE VIII Floodplain District § 300-36. 1 Statement of purpose. The purposes of the Floodplain District are to: Ensure public safety through reducing the threats to life and personal injury; Avoid creating new flooding hazards to emergency response officials; Prevent the occurrence of public emergencies resulting from water quality contamination and pollution due to flooding; Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact sections of the community beyond the site of flooding; Reduce or eliminate costs associated with the response and cleanup of flooding conditions; and Reduce damage to public and private property resulting from flooding waters. § 300-36.2 Floodplain District boundaries. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas designated on the Salisbury Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NFIP, effective July 3, 2012, as Zones A, AE, AH, AO and VE, which indicate the 1% chance regulatory floodplain. The exact boundaries of the District may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS) report, effective July 3, 2012. The FIRM and FIS report are incorporated herein by reference, are on file with the Town Assessor, the Town Clerk, and the Building Department, and are available for public inspection. § 300-36.3 Floodplain Administrator. The Town of Salisbury hereby designates the position of Building Commissioner to be the official floodplain administrator for the Town. § 300-36.4 Definitions. DEVELOPMENT means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59] FLOODWAY. The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202] FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14] HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59] HISTORIC STRUCTURE means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs. [US Code of Federal Regulations, Title 44, Part 59] NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14] RECREATIONAL VEHICLE means a vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [US Code of Federal Regulations, Title 44, Part 59] REGULATORY FLOODWAY - see FLOODWAY. SPECIAL FLOOD HAZARD AREA. The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202] START OF CONSTRUCTION. The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202] STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59] SUBSTANTIAL REPAIR OF A FOUNDATION. When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC] VARIANCE means a grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59] VIOLATION means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in §60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59] § 300-36.5 Permits required Permits are required for all proposed development in the Floodplain Overlay District. The Town of Salisbury requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties. The town’s permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired. § 300-37.1 Floodway and base flood elevation data. Floodway Encroachment In Zones A, A1-30, and AE, along watercourses that have had a regulatory floodway designated on the Town’s FIRM encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways. AO, AH Zones Within Zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes to guide floodwaters around and away from proposed structures. Man-made alteration of sand dunes within Zone VE that would increase potential flood damage is prohibited. All new construction within Zone VE must be located landward of the reach of mean high tide. Subdivisions- All subdivision proposals must be designed to assure that: Such proposals minimize flood damage; All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and Adequate drainage is provided to reduce exposure to flood hazards. Base flood elevation data are required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones. The proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans. § 300-37.2. Use regulations. Reference to existing regulations. The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities as described in § 300-36.5, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with the following: Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR); [Amended 5-14-2012 ATM by Art. 14] Wetlands Protection Regulations, Department of Environmental Protection, DEP (currently 310 CMR 10.00); Inland Wetlands Restriction, DEP (currently 310 CMR 13.00); Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00); and Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5). Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations as described in § 300-37.2 (B) 3 &4. Other use regulations. Recreational Vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone’s regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready. Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to: NFIP State Coordinator, Massachusetts Department of Conservation and Recreation NFIP Program Specialist, Federal Emergency Management Agency, Region I. Variances to building code floodplain standards. The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community’s files. The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district. Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP). A variance from these floodplain bylaws must meet the requirements set out by State law, and may only be granted if: 1) Good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief. § 300-37.3. Notification of watercourse alteration. In a riverine situation, the Conservation Agent and/or the Conservation Commission shall notify the following of any alteration or relocation of a watercourse: Adjacent communities, especially upstream and downstream. Boarding State, if affected. NFIP State Coordinator. Massachusetts Department of Conservation and Recreation NFIP Program Specialist Federal Emergency Management Agency, Region I § 300-37.4 Abrogation and greater restriction section. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances, or codes. § 300-37.5 State Model Bylaw #18: Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection. § 300-37.6 Severability section. If any section, provision or portion of this Article VIII is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective. ON PETITION OF THE TOWN MANAGER