[HISTORY: Adopted by the Town Meeting of the Town of Norwell.
Formerly designated Art. VI. Amendments noted where applicable.]
A.
The
following Town officers shall be appointed by the Select Board:
[Amended 1-25-1999 STM; 5-9-2011 ATM; 5-6-2019 ATM, Art. 31; 5-8-2021 ATM by Art. 11; 5-8-2021 ATM by Art. 14]
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Animal Control Officer
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Animal Inspector/Inspector of Animals
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Athletic Field Committee
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Beautification Committee
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Board of Appeals [Charter § 4-1(a)]
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Board of Registrars
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Burial Agent
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Bylaw Review Committee
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Cable TV Committee
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Capital Budget Committee [Charter § 4-1(b)]
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Civil Defense Director/Emergency Communications Center
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Commission on Disabilities
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Community Housing Trust
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Community Preservation Committee (5 members appointed by the
Select Board)
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Complete Streets Committee
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Conservation Commission [Charter § 4-1(f)]
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Constables
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Council on Aging
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Cultural Council
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Cushing Memorial Directors
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Design Review Board
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Division of Inspections: Building Inspector/Zoning Officer/ADA
Coordinator
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Election Workers
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Fence Viewer
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Fire Chief, supervisory officers and firefighters [Charter § 4-1(e)]
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Forest Fire Warden
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Gas and Plumbing Inspector
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Harbormaster and Assistant Harbormasters
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Inspector of Wires
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Insurance Advisory Committee
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Mapping Commission
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MBTA Advisory Board Representative
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Mooring Bylaw Committee
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North River Commission Appointee
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Norwell Cemetery Committee
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Norwell Historical Commission
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Norwell Parking Clerk
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Open Space and Recreational Implementation Committee
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Personnel Board
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Police Chief, supervisory officers and patrol officers [Charter § 4-1(d)]
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Recreation Commission
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Regional Vocational School District Committee member
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Sealer of Weights and Measures
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Senior Tax Relief Committee
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Town Administrator (Charter Art. 5, § 5-1)
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Town Counsel [Charter § 4-1(c)]
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Town Technology Committee
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Traffic Study Committee
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Trench Inspector
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Veterans' Agent
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Veterans Grave Officer
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B.
The
following Town officers shall be appointed by the Town Administrator,
with the approval of the Select Board:
[Amended 5-6-2019 ATM,
Art. 31; 5-8-2021 ATM by Art. 11]
(1)
Council on Aging Coordinator.
(2)
Facility Manager.
(3)
Finance Director.
(4)
Human Resource Manager.
(5)
Municipal Finance Department.
(6)
Recreation Director/Superintendent.
(7)
Town Accountant. [Charter § 5-2(a)(1)]
(8)
Treasurer-Collector. [Charter § 5-2(a)(1)]
(9)
Veterans' Agent, including the Director of Veterans' Services.
C.
The Town Administrator shall be the appointing authority for all other employees within the departments set out in Subsection B hereof, within budgetary and Personnel Bylaw guidelines, without approval of the Select Board.
[Amended 5-8-2021 ATM by Art. 11]
D.
When
authorized or directed, the Select Board shall appoint other Town
officers.
[Amended 5-8-2021 ATM by Art. 11]
E.
The
Pathway Committee shall be appointed by the Planning Board.
[Added 5-6-2019 ATM,
Art. 28]
F.
The
South Shore Recycling Committee shall be appointed by the Board of
Health.
[Added 5-6-2019 ATM,
Art. 28]
The term of office of all appointed officers and committee members
shall be three years, unless another term is required by law or a
shorter term is established by vote of the Town or the appointing
authority.
A.
There shall be an Advisory Board consisting of nine members with three members appointed each year for a term of three years each. Members shall hold no other elected or appointed office in Town government while on the Advisory Board, unless otherwise provided by the Town Charter, Town bylaws or by vote of Town Meeting and shall serve without pay. The members of the Advisory Board shall be appointed in accordance with the selection and appointment process set forth in § 4-3 of the Town Charter.
[Amended 5-6-2019 ATM,
Art. 31]
B.
Members
of the Board shall choose from its membership a Chair, a Vice Chair
and a Clerk.
C.
The
duty of the Advisory Board shall be to investigate and consider all
articles in the warrant to be brought before the Town and to report
and advise thereon in Town Meetings.
D.
The
Select Board shall transmit to the Chair of the Advisory Board a copy
of all Town warrants issued by them, on or before the day of posting.
[Amended 5-8-2021 ATM by Art. 11]
E.
The
Advisory Board may request the Select Board and other Town officials,
under whose direction appropriations are expended, to submit to it,
prior to December 31 of each year, budget requests for the expenses
of each department for the next year and request them to appear before
it for consultation.
[Amended 5-8-2021 ATM by Art. 11]
F.
The
Advisory Board shall grant a hearing upon all articles in any Town
warrant.
G.
All reports, advice, suggestions or recommendations as provided in Subsection C shall be submitted in writing, signed by the Chair and Secretary, together with the records of the proceedings of said Board, and shall be filed with the records of the Town in the office of the Town Clerk.
H.
Five
members of said Board shall constitute a quorum.
I.
The
Advisory Board shall have the authority to examine the books and records
of any Town board or official, as far as the same is permitted by
law.
J.
The
Advisory Board may request of the Town Accountant the status of any
appropriation made by the Town, particularly the portion spent or
committed and the balance available for the accomplishment of the
purpose for which the appropriation was made.
K.
The
Advisory Board may request of any board, Town officer or any other
expending authority a report of progress on the use of any appropriations
and shall take whatever action it may deem advisable should said appropriation
appear to be insufficient for the purpose voted.
L.
The
Advisory Board shall meet monthly and at such other times as it may
determine.
M.
No
member of the Advisory Board shall be appointed to succeed himself
after serving two terms of three years each.
[Amended 5-6-2019 ATM,
Art. 28]
The Board of Appeals consists of three members, appointed for
three-year overlapping terms, and not more than five associate members.
[Amended 5-8-2021 ATM by Art. 10; 5-8-2021 ATM by Art. 11]
A Committee, to be known as the "Capital Budget Committee" shall
be established, composed of one member of the Advisory Board, appointed
by and from it, and six additional members to be appointed by the
Select Board. The members from the Advisory Board shall be appointed
for a one-year term. Initially, two of the other members shall be
appointed for one year, two for two years, and one for three years;
thereafter, each other member shall be appointed for a three-year
term. Vacancies shall be filled for unexpired terms by the original
appointing authority. The Committee shall annually prepare a Capital
Budget Program for use by the Advisory Board, the voters, other Town
boards and officials in their deliberations. The Committee shall publish
such report or a summary thereof in a suitable manner and deposit
the original with the Town Clerk.
[Amended 5-8-2021 ATM by Art. 11]
The Select Board shall appoint from registered voters of the
Town seven members, shall designate the Chair, and shall take such
further action as is required to establish and maintain a Council
on Aging for the Town, in accordance with MGL c. 40, § 8B,
and to promote the coordination of its programs with those of the
State Council on Aging.
A.
The
Select Board shall appoint a Board of Directors to be known as the
Board of Directors of Cushing Memorial Hall, consisting of five persons
who are residents of the Town, who will serve without pay, who are
the current members of the Cushing Memorial Town Hall Study Committee,
and two additional persons, and whose duties will be to operate and
maintain that building now known as Cushing Memorial Town Hall. Two
such persons appointed shall be appointed for a period of three years,
two other such persons appointed shall be appointed for a period of
two years, and the fifth person appointed shall be appointed for a
period of one year. Upon the expiration of any person's term, the
Select Board may reappoint that person or appoint a different person
for a period of three years. Upon the resignation or inability of
a person to complete their appointed term, the Select Board may appoint
a different person to complete the term of the Director such person
is replacing.
[Amended 5-8-2021 ATM by Art. 11]
B.
The
said Board shall be responsible for the remodeling, renovation, reconstruction,
repair and alteration of the Cushing Memorial Town Hall, including
the preparation of all bids, specifications, and contracts with respect
thereto, and to do all other things which the Permanent Building and
Maintenance Committee would be otherwise responsible for.
C.
The
said Board shall have the care, custody, management and control of
the said Cushing Memorial Town Hall which will henceforth be known
as the Cushing Memorial Hall. The Cushing Memorial Hall shall be dedicated
to the memory of Haywood Pierce Cushing and Nathan Cushing as a memorial
for the Town's benefactors by suitable ceremonies, and will be operated
by the said Directors of Cushing Memorial Hall as a public building
keeping in mind the development and beautification of the village
common in a manner befitting its simple environment. The said Board
shall have the obligation and duty to maintain, keep in repair, and
operate the building as herein set forth. The said Board shall have
the specific right to lease space in the downstairs portion of the
said Hall to persons or concerns operating low-density businesses
for terms not to exceed five years at rentals to be determined by
the said Board.
D.
The
Board of Directors shall let or permit, on such terms as the Select
Board may determine, the upper portion of Cushing Memorial Hall to
be used by recognized groups of inhabitants of the Town of Norwell,
as a cultural, educational and social center, including but not limited
to school proms and dances; fairs, bazaars and craft exhibits; exhibitions
of historical interest; and patriotic occasions for the honor or remembrances
of veterans. Nothing herein shall prevent the right of the Select
Board to issue alcoholic beverage licenses under MGL c. 138 to organizations
and groups using the said Cushing Memorial Hall as described in this
section. (Effective 3-11-1985)
[Amended 5-8-2021 ATM by Art. 11]
A.
There
shall be a division composed of:
[Amended 5-6-2019 ATM,
Art. 28]
(1)
A Building
Inspector/Zoning Enforcement Officer, who will also be known as the
Town of Norwell's ADA Coordinator and overseer of major maintenance
for all Town buildings, including schools, appointed by the Select
Board for a term of three years, or unless a shorter term is established
by the appointing authority;
[Amended 5-8-2021 ATM by Art. 11]
(2)
An Inspector
of Wires appointed by the Select Board for a term of one year; and
[Amended 5-8-2021 ATM by Art. 11]
(3)
An Inspector
of Plumbing and Gas appointed by the Building Inspector/Zoning Enforcement
Officer for a term of one year.
B.
These
positions shall perform all duties prescribed by state laws and codes,
federal laws, Town rules and regulations, and Zoning Bylaws.
[Adopted 4-25-1995 ATM]
A.
Pursuant
to the provisions of MGL c. 40, § 8K, there is hereby established
in the Town of Norwell a Mapping Commission which shall have all the
duties and responsibilities imposed upon it by the provisions of said
law as presently provided or hereinafter amended including the developing
or coordinating the development of comprehensive maps of the Town
including but not limited to parcel boundaries, location of utilities,
pipelines, and other structures, land use, or items of geographic
or geological interest.
B.
Powers
and duties.
(1)
The Mapping Commission is authorized to:
(a)
Develop and administer programs relating to such mapping of the community.
(b)
Advise, assent, and cooperate with state, regional, and federal agencies
in developing appropriate programs and policies relating to such mapping.
(c)
Apply for, receive, expend, represent and act on behalf of the Town
in connection with federal grants, grant programs or reimbursements
or private grants.
(d)
Accept gifts, grants, bequests and devises from any source, whether
public or private, for the purpose of assisting the Mapping Commission
in the discharge of its duties.
(e)
Seek to coordinate the activities of governmental and private bodies
organized for similar purposes.
(2)
Said Commission shall seek to coordinate all mapping efforts in the
Town in order that duplicative efforts be minimized.
(3)
The Mapping Commission may offer for sale any products of its efforts,
including maps, reports or other materials.
C.
The
Mapping Commission shall consist of five members. The members shall
be appointed by the Select Board for terms of three years each, so
arranged that as nearly an equal number of such terms of office as
is possible shall expire each year. Town employees, appointed board
members, and elected officials shall be eligible for appointment to
the Commission provided that their appointment shall cease upon the
termination of said employment unless subsequently appointed thereto.
Notwithstanding the foregoing, said members once appointed shall serve
until their respective successors are appointed and sworn. Said members
shall serve without compensation.
[Amended 5-8-2021 ATM by Art. 11]
A.
On October 25, 1972, at a Special Town Meeting, it was unanimously
voted to accept MGL c. 40, § 8D, and thereby established
a Historical Commission for the Town of Norwell for the purposes and
with the rights and duties provided by law, to be composed of five
members originally, appointed by the Select Board, for terms of three
years except that initial appointment shall be: two members for one
year, two members for two years, and one member for three years. Per
Massachusetts General Laws the Commission shall consist of not less
than three nor more than seven members.
[Amended 5-8-2021 ATM by Art. 11]
B.
This Commission was established for the preservation, protection
and development of the historical or archaeological assets of the
Town. This Commission shall conduct researches for places of historic
or archaeological value, shall cooperate with the state archaeologist
in conducting such researches or other surveys, and shall seek to
coordinate the activities of unofficial bodies organized for similar
purposes, and may advertise, prepare, print and distribute books,
maps, charts, plans and pamphlets which it deems necessary for its
work.
[1]
Editor's Note: Former § 4-11, Permanent Building
and Maintenance Committee, and § 4-12, Permanent Site Committee,
were repealed 5-8-2021 ATM by Art. 14.
[Amended 5-6-2019 ATM,
Art. 28]
One member of a Regional Vocational School District Committee
shall be appointed for a three-year term.
A.
The Select Board shall appoint a Town Accountant for a term of three
years and until his/her successor is qualified.
[Amended 5-8-2021 ATM by Art. 11]
B.
The Town Accountant shall perform all duties prescribed by law including
the filing of all contracts, insurance policies and agreements affecting
the interests of the Town.
[Amended 5-6-2019 ATM,
Art. 28]
A.
The Town Treasurer-Collector's term of office shall be three years.
B.
The Town Treasurer-Collector shall collect all accounts due the Town
which are committed to him/her.
C.
At least once in every month each department of the Town shall deliver
to the Town Accountant a statement of each account due the Town arising
from any transaction in said department. Such accounts are to be committed
to the Town Treasurer-Collector for collection. This subsection is
to include all taxes and special assessments, costs and fees charged
by each department, except those collected by the Town Clerk.
D.
The Town Treasurer-Collector shall advise the Select Board, as provided
by law, when suits should be instituted and prosecuted in the name
of the Town for the collection of any account due the Town and the
Select Board shall have the authority as agents of the Town to institute
and prosecute the same.
[Amended 5-8-2021 ATM by Art. 11]
E.
The Town Treasurer-Collector shall pay all fees received by him/her
by virtue of his/her office into the Town treasury.
F.
The Town Treasurer-Collector shall perform all the duties which are
required by law and shall have the custody of all monies, properties
and securities of all trust funds, not subject to the authority of
the Commissioners of Trust Funds, heretofore or hereafter given or
bequeathed to the Town and shall have the power with the approval
of the Select Board to invest, reinvest, transfer and expend monies
from such funds as limited by the directions or provisions made by
the donor of such funds. The Treasurer-Collector shall keep a separate
account of such funds, and the income thereof, and submit the same
to the Select Board at the close of the fiscal year for publication
in their report.
[Amended 5-8-2021 ATM by Art. 11]
G.
The Treasurer-Collector shall file and safely keep all receipts,
vouchers and canceled obligations of the Town and shall have custody
of all deeds, and other similar documents owned or held by the Town,
and, except for fidelity bonds covering the Town officers and employees
which shall be filed with the Select Board, shall have custody of
all bonds which run to the Town or any of its commissioners, committees
or officers.[1]
[Amended 5-8-2021 ATM by Art. 11]
[Amended 5-8-2021 ATM by Art. 11]
On May 9, 2011, at the Annual Town Meeting, it was unanimously
voted to establish a Town Technology Committee, for the purpose of
reviewing and making recommendations on Town-wide technology purchases,
including but not limited to hardware and software purchases. The
number of Committee members will be seven, consisting of two appointed
by the School Committee, one the School Superintendent, or designee,
one the Town Administrator or designee and three members appointed
by the Select Board.
A.
The Design Review Board was established by vote of the March 15,
1977, Annual Town Meeting and is charged with the following duties:
(1)
To review the plans concerning the quality of design relative to construction, site development, landscaping, and signs for all new or substantially altered buildings of the types and/or within the districts hereinafter specified. The criteria to be applied are those specified in Subsection D(2).
(2)
The Board shall complete its review within the review period specified in Subsection E(3), and upon completion of its review the Board shall issue a nonbinding recommendatory opinion for the approval or disapproval of said plans to the appropriate Town boards, committees or officials. In the event of a recommendation to disapprove, the Board shall specify its reasons for disapproval.
B.
Membership. The Design Review Board ("the Board") shall consist of
five members each appointed by the Select Board for a three-year term.
All members of the Board shall have experience in the professions
or trades of architecture, landscape architecture, planning, design,
engineering, construction, or other relevant experience. Preferably
one member of the Board shall be appointed from the Norwell business
community at large and one member from the Norwell Chamber of Commerce.
Nonvoting associate members may be appointed at the discretion of
the Board. The Board shall elect annually a Chair, Vice Chair, Clerk
and such other officers as required.
[Amended 5-8-2021 ATM by Art. 11]
C.
Types of sites and properties.
(1)
All commercial, industrial, public and institutional sites and buildings
which are to be constructed or substantially altered shall be subject
to review by the Design Review Board, regardless of their location
in the Town. In no case shall any site or building intended exclusively
for the use as a single-family residence be subject to review by the
Board.
(2)
All sites and buildings, except those for single-family residences,
located in the following districts are subject to review by the Board:
D.
Criteria.
(1)
The Design Review Board's central purpose is to avoid design that
would have negative consequences for the residents of the Town in
general, for nearby residents, or for the remainder of the district
involved. The Board is specifically precluded from mandating any official
"aesthetic" for Norwell or for imposing the style of any particular
historical period.
(2)
The following design criteria will be used by the Board in reaching
its recommendations:
(a)
The design of the proposed project shall not have a deleterious
effect upon nearby properties, the balance of the district involved,
or upon the design character of Norwell.
(b)
Insofar as practicable, the proposed design shall preserve the
landscape in its natural state by minimizing tree and soil removal
and any grade changes shall be in keeping with the general appearance
of neighboring areas.
(c)
Open space should be so designed as to add to the visual amenities
of the vicinity for persons passing the site and overlooking it from
nearby properties.
(d)
Vehicular access, egress, or parking and/or pedestrian circulation
shall not adversely affect the use and enjoyment of nearby properties
or shall be in keeping with the standards of good design.
(e)
Exposed storage areas, machinery, service areas, loading areas,
or utility structures shall be adequately screened and shall not be
incongruous with the remainder of the proposed environment and its
surroundings.
(f)
Signs or other outdoor advertising through its size, location
and other characteristics shall not detract from the proposed buildings,
nearby properties, the remainder of the district, or the design character
of Norwell.
E.
Powers and duties.
(2)
The Board shall work cooperatively with landowners and developers
and with the regulatory officers and boards of the Town. Upon the
request of landowners, developers, or other parties, the Board shall
review and comment upon preliminary designs prior to the official
submission of proposals to the appropriate Town board, committee or
official.
(3)
The Building Inspector/Zoning Enforcement Officer, the Planning Board,
and the Board of Appeals, and the Permanent Building and Maintenance
Committee shall, within five days after receipt of any application
or proposal, give notice to the Design Review Board and shall provide
the Board with copies of the proposed plans. The initiating board,
official or committee shall set a time (not less than 1/2 of its own
established review period) for the Board to review the proposal, discuss
the design with proponents and other interested parties, and issue
a recommended opinion.
(4)
Only after receipt and consideration, as well as public reading and publication, of the Design Review Board's recommended opinion (or the expiration of the allowed review period) shall a Town official or agency grant a corresponding permit for site development or building construction for the properties specified in Subsection C.
(5)
The Design Review Board's recommended opinion, however, shall not be binding upon any board or Town official under Subsection E(3). Such an opinion may be overruled by an overt public act by the official or agency, so long as the reasons therefor are specified in writing, responding point by point to the Board's recommended opinion, and that these written reasons are made part of the public record.
F.
Meetings. Meetings of the Design Review Board shall be posted and
conducted in accordance with the Open Meeting Law.[1] Landowners and applicants for permits or approvals shall
be invited to attend meetings of the Board during which any proposal
of their initiative, or on abutting properties, will be under discussion.
The Chair or member of the Board conducting each meeting shall at
the outset thereof make a clear and concise statement of the purpose,
the powers, and the duties of the Board.
[1]
Editor's Note: See MGL c. 30A, §§ 18 to 25.
[Added 5-13-2002 ATM,
Art. 31]
A.
Establishment.
(1)
There is hereby established a Community Preservation Committee, consisting
of nine voting members pursuant to MGL c. 44B. The composition of
the Committee, the appointment authority and the term of office for
the Committee members shall be as follows:
(a)
One member of the Conservation Commission as designated by the
Commission for a term of three years;
(b)
One member of the Historical Commission as designated by the
Commission for a term of three years;
(c)
One member of the Planning Board as designated by the Board
for a term of three years;
(d)
One member of the Recreation Commission as designated by the
Commission for a term of three years;
(e)
One member of the Housing Authority as designated by the Authority
for a term of three years;
(g)
Four members to be appointed by the Select Board: appointed
for a three-year terms so that as even a number of terms as practicable
expire each year.
[Amended 5-4-2015 ATM, Art. 29; 5-8-2021 ATM, Art. 11]
(2)
Should any of the commissions, boards, authorities or committees
which have appointment authority under this section of the bylaw be
no longer in existence for whatever reason or for whatever reason
fail to appoint an individual to the committee, the appointment authority
for that commission, board, authority or committee shall become the
responsibility of the Select Board.
[Amended 5-8-2021 ATM, Art. 11]
B.
Duties.
(1)
The Community Preservation Committee shall study the needs, possibilities
and resources of the Town regarding community preservation. The Committee
shall consult with existing municipal boards, including the Conservation
Commission, the Historical Commission, Planning Board, the Recreation
Commission and the Housing Authority, or persons acting in those capacities
or performing like duties, in conducting such studies. As part of
its study, the Committee shall hold one or more public informational
hearing(s) on the needs, possibilities and resources of the Town regarding
community preservation possibilities and resources, notice of which
shall be posted publicly and published for each of two weeks preceding
a hearing in a newspaper of general circulation in the Town.
(2)
The Community Preservation Committee shall make recommendations to
the Town Meeting for the acquisition, creation and preservation of
open space, for the acquisition and preservation of historic resources,
for the acquisition, creation and preservation of land for recreational
use, for the creation, preservation and support of community housing
and for rehabilitation or restoration of such open space, historic
resources, land for recreational use and community housing that is
acquired or created as provided in this section. With respect to community
housing, the Community Preservation Committee shall recommend, wherever
possible, the reuse of existing buildings or construction of new buildings
on previously developed sites.
(3)
The Community Preservation Committee may include in its recommendation
to the Town Meeting a recommendation to set aside for later spending
funds for specific purposes that are consistent with community preservation
but for which sufficient revenues are not then available in the Community
Preservation Fund to accomplish that specific purpose or to set aside
for later spending funds for general purposes that are consistent
with community preservation.
C.
Requirement for a quorum and cost estimates. The Community Preservation
Committee shall not meet or conduct business without the presence
of a quorum. A majority of the members of the Community Preservation
Committee shall constitute a quorum. The Community Preservation Committee
shall approve its actions by majority vote. Recommendations to the
Town Meeting shall include their anticipated costs.
D.
Amendments. This section of the bylaw may be amended from time to
time by a majority vote of the Town Meeting, provided that the amendments
would not cause a conflict to occur with MGL c. 44B.
E.
Severability. In case any section, paragraph or part of this section
of the bylaw be, for any reason, declared invalid or unconstitutional
by any court of last resort, every other section, paragraph or part
shall continue in full force and effect.
F.
Effective date. Each appointing authority shall have 10 days, after
the approved bylaw is posted or published by the Town Clerk in accordance
with MGL c. 40, § 32, to make its initial appointments.
Should any appointing authority fail to make its appointment within
that allotted time, the Select Board shall make the appointment.
[Amended 5-8-2021 ATM by Art. 11]
