Medical Marijuana District Faces Oak Bluffs Voters Tuesday

WARRANT FOR SPECIAL TOWN MEETING COMMONWEALTH OF MASSACHUSETTS

To either of the Constables in the Town of Oak Bluffs, Greetings:

In the name of the Commonwealth of Massachusetts, you are hereby directed to warn the inhabitants of the Town of Oak Bluffs who are qualified to vote in Town Affairs and Elections, to assemble at the Oak Bluffs School, Tradewinds Road, Oak Bluffs, on Tuesday, November 12, 2013 at 7:00 pm in the evening, then and there to act upon the following articles:

Article 1. To hear an update and report on the finances of the Town. Town Administrator

Article 2. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $14,702.50 to pay prior year bills as listed below, or to take any other action related thereto:

1. RM Packer Company, Inc. $13,684.32

2. Martha’s Vineyard Times  $1,018.18

Total: $14,702.50

Town Accountant

Executive Summary: This article pays bills incurred in a prior fiscal year. requires Town Meeting vote to pay this invoice by a 9/10ths vote.

Massachusetts law

Finance and Advisory Board Recommendation: 8 In Favor; 0 Against;

MOTION: I move the Town raise and appropriate the sum of $14,702.50 to pay prior year bills as presented in Article 2.

Article 3. To see if the Town will vote to transfer from available funds in the Community Preservation Undesignated Account the sum of $400,000 for the purpose of renovations at Niantic Park.
Community Preservation Committee

Executive Summary: During last year’s funding cycle, the Community Preservation Committee set aside up to $400,000 for renovations to Niantic Park, pending a final overall plan for the re- design of the Park, which has been completed.

Finance and Advisory Board Recommendation: 8 In Favor; 0 Against;

MOTION: I move Article 3 be voted as printed in the warrant.

Article 4. To see if the Town will vote to appropriate the sum of $350,000 to be raised for the purposes of conducting a redevelopment and improvement of the Niantic Park recreation area, and for the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Town Treasurer, with the approval of the Selectmen, is hereby authorized to borrow said amount under and pursuant to, Chapter 44, Section 7 of the Massachusetts General Laws, or any other enabling authority, and to issue bonds and notes of the Town therefor, or take any other action relative thereto.

Community Preservation Committee

Executive Summary: This Article seeks funding to complete the Niantic Park Renovation Project as recommended in the Niantic Park Renovation Design Program funded last year by the Town’s Community Preservation Program. The total project cost is estimated to be $750,000, of which $400,000 was appropriated in the previous Article of this Town Meeting, and $350,000 is proposed for borrowing through this article. The Town will gain greater value and quality by completing the project as a whole, overseen by one general contractor. For the purposes of funding this project, the Town anticipates adopting a three-year repayment program using Community Preservation funds. This will enable the Town to use temporary borrowing notes solely, which currently carry an annual interest rate of less than one percent.

Finance and Advisory Board Recommendation: 7 In Favor; 1 Against; MOTION: I move Article 4 be voted as printed in the warrant.

Article 5. To see if the Town will vote to appropriate the sum of $239,150 to be raised to prepare architectural plans for the redevelopment and or replacement of the Town Hall, and for the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Town Treasurer, with the approval of the Selectmen, is hereby authorized to borrow said amount under and pursuant to, Chapter 44, Section 7 of the Massachusetts General Laws, or any other enabling authority, and to issue bonds and notes of the Town therefor, or take any other action relating thereto.
Capital Program Committee

Executive Summary: This Article authorizes the Town to prepare plans for the redevelopment and replacement of the Oak Bluffs Town Hall on School Street (the former elementary school) as recommended in the Town of Oak Bluffs Capital Improvement Program. As part of the Town’s six-year Capital Improvement Program, the Town has identified the Town Hall as deficient in serving its purpose for the Town. In 2012 the Town funded an architectural feasibility study to analyze the condition of the Town Hall and to make recommendations for its improvement. The Board of Selectmen appointed a Building Study Committee and engaged the architectural firm of Keenan and Kenney to complete the study. The study developed detailed recommendations and preliminary plans to address the structural building deficiencies of the Town Hall as well as the layout of Town Offices to best serve the public. This article takes the next steps of developing architectural design plans and detailed cost estimates for the necessary building improvements in conjunction with the Town’s capital planning process.

Finance and Advisory Board Recommendation: 7 In Favor; 1 Against; MOTION: I move Article 5 be voted as printed in the Warrant.

Article 6. To see if the Town will vote to appropriate the sum of $287,000 to be raised to prepare architectural plans for the redevelopment and or replacement of the Oak Bluffs Fire and EMS Station, and for the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Town Treasurer, with the approval of the Selectmen, is hereby authorized to borrow said amount under and pursuant to, Chapter 44, Section 7 of the Massachusetts General Laws, or any other enabling authority, and to issue bonds and notes of the Town therefor, or take any other action relating thereto.
Capital Program Committee

Executive Summary: This Article authorizes the Town to prepare plans for the redevelopment and replacement of the Oak Bluffs Fire and EMS Station as recommended in the Town of Oak Bluffs Capital Improvement Program. As part of the Town’s six-year Capital Improvement Program, in 2012 the Town funded an architectural feasibility study to analyze the condition of the Fire and EMS Station and to make recommendations for its improvement. The Board of Selectmen appointed a Building Study Committee and engaged the architectural firm of Keenan and Kenney to complete the study. The study developed detailed recommendations and preliminary plans to address the building deficiencies and space needs of the Fire and EMS Station. This article takes the next steps of developing architectural design plans and detailed cost estimates for the necessary building improvements.

Finance and Advisory Board Recommendation: 7 In Favor; 1 Against; MOTION: I move Article 6 be voted as printed in the Warrant.

Article 7. To see if the Town will vote to transfer from available funds in the Town’s Ambulance Reserve Fund the sum of $130,000 to be apportioned as $100,000 for the purpose of purchasing and replacing Scott Air Packs for the Fire Department and $30,000 for the purpose of upgrading Dive and Rescue Equipment, or take any other action related thereto.
Capital Program Committee

Executive Summary: This Article transfers $130,000 from the Ambulance Reserve Fund for public safety equipment as recommended in the Town of Oak Bluffs Capital Improvement Program.

Finance and Advisory Board Recommendation: 8 In Favor; 0 Against; MOTION: I move Article 7 be voted as printed in the Warrant

Article 8. To see if the Town will vote to appropriate a sum of money from the fund balance Reserved for Overlay (Overlay Surplus) for the purpose of funding the State-mandated triennial revaluation of real and personal property revaluation, or take any other action relative thereto. Board of Assessors

Executive Summary: These funds will be used for revaluation consulting and possible software enhancements relating to the State-mandated triennial revaluation of real and personal property. The breakdown of costs is as follows:

Commercial Real Estate Valuation Consulting Personal Property Valuation
Residential Real Estate Consulting

Total
The appropriation for the 2011 revaluation was $110,000
Finance and Advisory Board Recommendation: 8 In Favor; 0 Against;

MOTION: I move Article 8 be voted as printed in the warrant. 

Article 9. To see if the Town vote to transfer the sum of $25,000.00 (Twenty-five Thousand Dollars and no cents) from the Sale of Cemetery Lots Account for improvements to include road paving, tree/stump removal, hydro seeding, water access, and all other related costs for the expansion of Oak Grove Cemetery, or take any other action relative thereto.
Cemetery Commissioners

Executive Summary: This Article transfers funds for the expansion of the Oak Grove Cemetery based on the expansion plan developed in 2012.

Finance and Advisory Board Recommendation: 8 In Favor; 0 Against; MOTION: I move Article 9 be voted as printed in the warrant.

Article 10. To see if the Town will vote to transfer from the Sale of Cemetery Lots Account the sum of $10,000.00 (Ten Thousand Dollars and no cents) to Cemetery Perpetual Care (82493 4970) for replacement of existing water pipes in Oak Grove Cemetery.
Cemetery Commissioners

Executive Summary: This Article approves funds for the replacement of existing water lines at the Oak Grove Cemetery upon the recommendation of the Cemetery Commissioners.

Finance and Advisory Board Recommendation: 8 In Favor; 0 Against; MOTION: I move Article 10 be voted as printed in the warrant.

Article 11. To see if the Town will vote to create a Stabilization Fund pursuant to G.L. Chapter 40, section 5B for the purpose of depositing funds collected for the participants’ shares of the capital costs of the so-called “Campus Area Wastewater System” as set forth in agreements with the Town of Oak Bluffs, with said funds to be used upon appropriation for the payment of the debt service on the bonds issues to complete the project, and further to raise and appropriate or transfer from available funds the sum of $55,000 to the Campus Area Wastewater System Stabilization Fund, or take any other action related thereto.

Board of Selectmen

Executive Summary: This article seeks to create a stabilization fund to capture payments made by the Martha’s Vineyard Regional High School District, Martha’s Vineyard Community Services, YMCA of Martha’s Vineyard, and potentially Martha’s Vineyard Ice Arena and Island Elderly Housing to fund a share of the capital costs for the extension of wastewater service to those facilities. These payments are being made over a period of years pursuant to an agreement executed with the Town and will be used to partially offset the cost of the bonds issues for the project.

Finance and Advisory Board Recommendation: 8 In Favor; 0 Against

MOTION: I move Article 11 be voted as printed in the warrant, with all funds to be raised and appropriated.

Article 12. To see if the Town will vote to amend the amount voted in Article 1 of the April 9, 2013 Annual Town meeting relative to the appropriation from the Wastewater Enterprise Fund for the fiscal year 2014 budget as follows:, or take any other action relative thereto.
60198 Wastewater Enterprise Fund

Wages and Salaries Expenses
Transfers to General Fund

Total:

Board of Selectmen

$272,430 $426,631 $686,186

$1,385,247

Executive Summary: This article seeks to amend the transfer and appropriation from the Wastewater Enterprise Fund to support the fiscal year 2014 Annual Budget, based on an update of estimates of amounts required for Wastewater debt service.

Finance and Advisory Board Recommendation: 7 In Favor; 0 Against, 1 Abstain;

MOTION: I move Town vote to amend the transfer and appropriation from the Wastewater Enterprise Fund made under Article 1 of the April 9, 2013 Annual Town Meeting as follows: 60198 Wastewater Enterprise Fund

Wages and Salaries Expenses
Transfers to General Fund

Total:

$272,430 $426,631 $686,186

$1,385,247

Article 13. To see if the Town will vote to amend Section 8.0 Special Regulations of the Oak Bluffs Zoning Bylaw to add a new Section, Section 8.4, to establish a Registered Marijuana Dispensary Overlay District (RMDOD), as follows:

8.4 Registered Marijuana Dispensary OVERLAY DISTRICT (RMDOD)

8.4.1 Purpose. The purpose of this section is to establish areas in which a Registered Marijuana Dispensary (RMD) may be located, while protecting the Town’s unique community character and while minimizing any adverse impact on adjacent properties, residential neighborhoods, elderly housing facilities, schools, and other places where children congregate, as well as other land uses potentially incompatible with an RMD. Since an RMD will serve both Oak Bluffs and the surrounding communities, the location of the RMDOD is designed to allow for ease of access by both private vehicles and public transportation, to provide sufficient parking, and to protect the confidentiality of customers served.

8.4.2 Locations. The RMDOD is composed of the following areas.
All of the B-1 District fronting on Dukes County Avenue and the following parcels, as set forth on the maps of the Town Board of Assessors:

• Map 6 Parcel 43 
• Map 6 Parcel 46 
• Map 6 Parcel 46.1 
• Map 6 Parcel 9
• Map 7 Parcel 1
• Map 11 Parcel 339
• Map 24 Parcel 7 
• Map 24 Parcel 8 
• Map 24 Parcel 9 
• Map 24 Parcel 10 
• Map 24 Parcel 11 
• Map 24 Parcel 12
• Map 40 Parcel 10 
• Map 40 Parcel 11 
• Map 40 Parcel 11.1

8.4.3 Applicability. The RMDOD shall be construed as an overlay district regarding the locations identified in Section 8.4.2. All requirements of the underlying zoning districts shall remain in full force and effect. Any as-of-right uses shall remain as-of-right uses in the RMDOD, except these uses may be specifically superseded or added to by this Section. In addition, this Section provides that:

1. The cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of Marijuana for Medical Use is prohibited, unless permitted as a RMD under this Section.

2. No RMD shall be established except in compliance with the provisions of this Section.

3. Nothing in this Section shall be construed to supersede federal and state laws governing

   the possession, sale, and distribution of narcotic drugs.

4. If any provision of this Section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected.

8.4.4 Definitions.

1. Registered Marijuana Dispensary – A facility for the cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of Marijuana for Medical Use, whether located inside a structure or building or not.

2. Marijuana for Medical Use – Marijuana that is designated and restricted for use by, and for the benefit of, Qualifying Patients in the treatment of Debilitating Medical Conditions.

3. Marijuana – The same substance defined as “marijuana” under Chapter 94C of the Massachusetts General Laws.

8.4.5 General Requirements and Conditions for all Registered Marijuana Dispensary.

1. All RMDs shall be contained within a building or structure.

2. The hours of operation of a RMD shall be set by the Board of Appeals, but in no event shall a RMD be open and/or operating between the hours of 6:00 PM and 8:00 AM.

3. No special permit for a RMD shall be issued to a person who has been convicted of a felony or a violation of a state or federal statute prohibiting the unlawful possession, sale or distribution of narcotic drugs or prescription drugs. Further, no special permit for an RMD shall be issued to a non-profit corporation in which an owner, shareholder, member, officer, manager, or employee has been convicted of a violation of a felony or a state or federal statute prohibiting the unlawful possession, sale or distribution of narcotic drugs or prescription drugs.

4. No special permit for a RMD shall be issued to a person who has been convicted of a violation of Massachusetts General Law Chapter 119, Section 63 or Massachusetts General Law Chapter 272, Section 28. Further, no special permit for a RMD shall be issued to a non-profit corporation in which an owner, shareholder, member, officer, manager, or employee has been convicted of a violation of Massachusetts General Law Chapter 119, Section 63 or Massachusetts General Law Chapter 272, Section 28.

5. No RMD shall be located within 500 feet of any of the following structures or uses:

(a) any school attended by children under the age of 18;
(b) any licensed child care facility;
(c) any correctional facility, half-way house, or similar facility; or (d) any other RMD.

1. No RMD shall be located inside a building containing residential units, including transient housing, or inside a movable or mobile structure such as a van or truck.

2. RMDs shall only sell, distribute or dispense in accordance with 105 CMR 725.

8.4.6 Special Permit Requirements.

1. A RMD may only be allowed by special permit from the Board of Appeals in accordance with G.L. c. 40A, § 9, and Section 10.3 of the Zoning By-law, subject to the following statements, regulations, requirements, conditions and limitations.

2. A special permit for a RMD shall be limited to one or more of the following uses that shall be prescribed by the Board of Appeals:

   1. (a)  cultivation of Marijuana for Medical Use (horticulture);

   2. (b)  processing and packaging of Marijuana for Medical Use, including Marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments, and other products;

   3. (c)  retail sale or distribution of Marijuana for Medical Use to Qualified Patients; or

(a) a statement from the Applicant under oath, setting forth the following information:

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(b)

1. (i)  the name and address of each owner, manager, member, partner and employee of the Facility, and a statement indicating whether the application conforms to Sections 8.4.6(1) and 8.4.6(2) above;

2. (ii)  the source of all marijuana that will be sold or distributed at the Facility, if applicable;

3. (iii)  the source of all marijuana that will be cultivated, processed, and/or packaged at the Facility, if applicable; and

4. (iv)  the quantity of marijuana that will be cultivated, processed, packaged, sold and/or distributed at the Facility.

a copy of its Articles of Organization, a current Certificate of Legal Existence from the Secretary of the Commonwealth, and the most recent annual report.

(c )
deed, lease, purchase and sale agreement or other legally-binding document;

evidence of the Applicant’s right to use the site of the Facility, such as a

1. (d)  a certified list of all parties in interest entitled to notice of the hearing for the special permit application, taken from the most recent tax list of the town and certified by the Town Assessor;

2. (e)  proposed security measures for the RMD, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft.

4. Outside Consultants and Review Fees. An outside consultant review escrow deposit shall accompany the Application for special permit. The escrow for review fees is intended to cover the Board’s potential cost of hiring consultants to review the Applicant’s compliance with the special permit requirements under this Bylaw, and may include the anticipated costs of legal counsel. The initial escrow deposit amount shall be set by the Board of Appeals on a case-by-case basis, when such consultants or counsel are deemed necessary. Any unexpended monies in the escrow account will be returned to the applicant only after all obligations are satisfied. Failure to fulfill escrow requirements may render an Application incomplete and be considered sufficient grounds for its denial.

(a) The Applicant may appeal the selection of a consultant(s) whose fees are to be paid from the escrow deposit to the Board of Selectmen. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist of either an educational degree in or related to the field at issue or three or more years of practice in the field at issue or a related field. Pursuant to G.L. c. 44, § 53G, the required time limits for action upon the Application by the Board of Appeals shall be extended by the duration of the appeal. If no decision is made by the Board of Selectmen within one month following the filing of the appeal, the Board of Appeals selection shall stand.

(b). The escrow deposit shall be deposited in a special account established by the Town Treasurer pursuant to G.L. c. 44, § 53G. Funds from the special account only for the purposes described above.

Mandatory Findings. The Board of Appeals shall not issue a special permit for an RMD unless it finds that:

(a) the RMD is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in G.L. c. 40A, §11;

(b) the applicant has not provided materially false documents or testimony; and 8

(c) the applicant has satisfied all of the conditions and requirements of Section 8.4.6.

1. Annual Reporting. Each RMD permitted under this Section shall, as a condition of its special permit, file a copy the Annual Report submitted to the state with Board of Appeals and the Town Clerk no later than January 31st

2. If required by the Board of Appeals, a full transcription or recording of the oral hearings shall be made at the Applicant’s expense.

3. A special permit granted under this Section shall have a term limited to the duration of the applicant’s ownership and use of the premises as a RMD. A special permit may be transferred only with the approval of the Board of Appeals in the form of an amendment to the special permit.

4. Any violation of this Section shall be grounds for revocation of a special permit issued under this Section.

MOTION: I move Article 13 be voted as printed in the warrant.

Article 14. To see if the Town will vote to amend Section 6.0 the Oak Bluffs Zoning Bylaw to add a new Section, Section 6.5, to establish a B-1 and B-2 District Minimum Property Maintenance and Vacant Building Zoning Bylaw, as follows:
Section 6.5 B-1 and B-2 District Minimum Property Maintenance and Vacant Building Zoning By-law:

1. Purpose and Intent:
   This section is intended to protect and to enhance the economic viability and visual integrity of the B-1 and B-2 Business Districts and to promote an active harbor and a vibrant downtown commercial area by preserving their historic character, their Victorian charm, and to ensure that dilapidated, neglected, and unsafe properties do not detract and undermine those values.

2. Authority: Pursuant to the general powers granted to towns by Article 89 of the Amendments to the Massachusetts Constitution and G. L. c. 40A, this Section is adopted to prevent and control the development of blight and certain nuisances within the B-1 and B-2 Districts, and to provide a mechanism for the removal of existing nuisances within these Districts. Nothing herein shall be construed to preempt, to override, or to interfere with the independent powers of the Board of Selectmen under G. L. c. 139 or the Board of Health under G. L. c. 111 to regulate nuisances or related problems.

D. Registration of Vacancy
Prior to or not more than seven (7) days after the building becomes vacant, the owner or agent must register the building with the Building Inspector on forms provided by the Building Department. All registrations must state the owner’s or agent’s name, phone number, physical address and mailing address as well as an emergency contact, if not the same. This registration must include physical street address of the property and state if the property is vacant at the time of filing, and if so for how long. Once the building is no longer vacant or is sold, the owner must provide proof of sale or written notice and proof of lawful occupancy to the Inspector of buildings.

E. MaintenanceRequirements:

Properties subject to this section shall be maintained in accordance with all applicable local and state Sanitary Codes, Building Codes and Fire Codes. In addition, the exterior of all buildings subject to this section shall be maintained so as not to appear decayed, deteriorated, neglected or dilapidated as defined in Section 11.0.

The owner or agent of a building must promptly repair all broken windows, doors, other openings, and any unsafe conditions occurring in a vacant building. Boarding up of open or broken windows and doors is prohibited, except as a temporary measure for no longer than thirty (30) consecutive days, unless the Building Inspector determines that, due to vandalism or security reasons and due to circumstances out of the owner's control, the proper boarding of windows and doors is necessary for a period of time longer than thirty (30) consecutive days. Boards or coverings must be fitted to the opening size and colored to blend with the existing building color scheme.
The owner or agent must maintain the building and property, even during periods of vacancy. The owner or agent is responsible to maintain the condition of the building. Upon notice by Building Inspector, any accumulated trash and/or graffiti shall be taken off or removed from the property within seven (7) days. The owner of any building vacant for a period exceeding six (6) months, to which the utilities have been shut off, shall have those utilities removed or cut and capped if deemed necessary by the Building Inspector to prevent accidents.

F. Maintenance Standards: Buildings

1. All exterior components of every building and structure, including but not limited to, walls, roofs, chimneys, cornices, gutters, downspouts, drains, porches, canopies, awnings, steps, landings, fire escapes, exterior stairs, windows, shutters, and doors, shall be kept in sound condition and good repair, free from obvious signs of deterioration, including but not limited to, loose or missing shingles or siding, crumbling brick, stone and mortar, and peeling, scaling or deteriorated paint.

2. Overhanging structures, including canopies, awnings, exterior stairways, fire escapes, and other overhanging extensions shall be maintained in sound condition good repair and shall be securely anchored.

3. Vacant buildings and structures shall be maintained in compliance with this Section and shall be kept secure from use or occupation by unauthorized persons.

4. All buildings and structures heavily damaged or destroyed by fire, explosion, weather or other cause shall be governed by the provisions of Section 3.5.6.

Land, premises and landscape elements

1. Each owner or occupant shall keep premises and land, including but not limited to, steps, walks, driveways, fences, retaining walls and vegetation, in good condition.

2. All steps, fences, retaining walls and landscape features shall be firmly anchored and

   maintained in good structural repair. 10

1. All premises shall be maintained substantially free from overgrowth of vegetation which constitutes a habitat for vermin, otherwise poses a hazard to the health and safety of any person in the vicinity of the premises, or is so overgrown as to have a clear adverse effect on surrounding properties.

MOTION: I move Article 14 be voted as printed in the warrant.

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Article 15. To see if the Town will vote to amend Section 11.0 Definitions of the Town of Oak Bluffs Zoning By-laws by adding the following additional terms. These terms are specifically used in the amendment set out in the previous article concerning dilapidated structures in the B-1 and B-2 Business Districts.

1. Blight:
Shall mean any commercial building, structure or parcel of land that contributes to unsanitary or unsafe conditions and is detrimental to the public health, safety, or welfare, prevents economic growth, or causes devaluation of real property by reason of abandonment, dilapidation, deterioration, age or obsolescence, including properties with illegally dumped trash, graffiti, deterioration of site or other improvements, or the existence of conditions that endanger life or property by fire or other causes, or any combination of such factors.

2. Dilapidated:
A condition of decay or partial ruin by reason of neglect, misuse, or deterioration. The term includes, but is not limited to:

1. Property having deteriorated or ineffective waterproofing of exterior walls, roofs, foundation or floors, including broken or inadequately secured windows or doors;

2. Property having defective weather protection (such as paint, stain, siding, or tarpaulin) for exterior wall covering; deleterious weathering due to lack of such weather protection or other protective covering; and

3. Personal property that is broken rusted, worn, partially or wholly dismantled or otherwise deteriorated such that it is unsuitable for the purpose for which it was designed.

3. Hazard:
A condition likely to expose persons to injury or property to damage, loss or destruction.

4. Nuisance:
Any substantial interference with the common interest of the general public in maintaining decent, safe, and sanitary structures that are not dilapidated when such interference results from the hazardous or blighted condition of private property, land or buildings. The term includes but is not limited to:

1. Burned structures not otherwise lawfully habitable or usable;

2. Dilapidated real or personal property;

3. Dangerous or unsafe structures or personal property;

4. Overgrown vegetation which may harbor rats and vermin, conceal pools of

   stagnant water or other nuisances, or which is otherwise detrimental to

   neighboring properties or property values;

5. Dead, decayed, diseased or hazardous trees, debris, or trash;

6. Personal property that is exposed to the elements without protection against

   deterioration, rust, or dilapidation;

7. Vehicles, machinery, or mechanical equipment or parts thereof that are

   located on soil, grass, or other porous surfaces that may result in the

   destruction of vegetation or contamination of soil; and

8. Personal property that has been placed for the collection as rubbish or refuse

   in violation of the towns by-laws or left in public view for more than seven days.

Vacant Building:
Any building which is not legally occupied, or not used, for a period of at least forty- five (45) consecutive days with the exception of a seasonally occupied business, which shall not be considered vacant if the same business intends to operate the next season.

Legally Year-round or Seasonally Occupied: A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress and light and ventilation facilities meeting the requirements of the Massachusetts Building Code.

Owner:
The person or entity who, alone or severally with others, who has legal or equitable title to a parcel of land or a building, or has care, charge, or control of a parcel of land or building in any capacity, including but not limited to, agent, executrix, administrator, administratrix, trustee, or guardian of the estate of the holder of legal title or:

1. Is a tenant of legal right to possess an entire building;

2. Is a mortgagee in possession of any building;

3. Is an agent, trustee, receiver or other person appointed by the courts and

   vested with possession or control of a building; or

4. Is an officer or trustee of an association of unit of owners of a condominium

or cooperative which contains a vacant building. MOTION: I move Article 15 be voted as printed in the warrant.

HEREIN FAIL NOT AND GIVE PUBLIC NOTICE BY CAUSING THIS NOTICE TO BE POSTED IN TWO(2) OR MORE PLACES IN THE TOWN AT LEAST FOURTEEN (14) DAYS BEFORE THE TIME OF SAID MEETING AND MAKE DUE RETURN OF THIS WARRANT WITH YOUR DOINGS TO THE TOWN CLERK AT THE TIME AND PLACE SPECIFIED.

GIVEN UNDER OUR HANDS THIS ___ DAY OF OCTOBER, 2013

Walter W. Vail, Chairman

Michael J. Santoro, Vice Chairman

Gregory A. Coogan

Kathleen Burton

Gail M. Barmakian

BOARD OF SELECTMEN TOWN OF OAK BLUFFS 

Source: oakbluffsma.gov