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Townsend Legals

TOWN OF TOWNSEND

CONSERVATION COMMISSION

LEGAL NOTICE

   Pursuant to the Massachusetts Wetlands Protection Act and the Townsend Wetlands Bylaw, the Townsend Conservation Commission will hold a public hearing on Wednesday, September 28th, 2022 at approximately 7:10 pm. The hearing will be held virtually via Zoom meeting and in person at Town Hall, on a Notice of Intent (NOI) filed with the Conservation Commission by Kevin Smith. The property is located at 238 South Row Road (Assessor’s Map 24, Parcel 35). 

   The proposed project is for the repair/replacement of an existing failed septic system and related site grading. Part of the construction will take place within 100 feet of a bordering vegetated wetland.

   Parties wishing to speak in support of, or in opposition to, this application may do so at the hearing or in writing prior to the hearing. Copies of this application are available for review at Town Hall during business hours. 

Jessica Consolvo, Agent

Townsend Conservation Commission 

9/23/2022 A

Town of Townsend 

   Board of Selectmen

ADVERTISEMENT FOR BIDS

Greenville Road Bridge Replacement

   Sealed bids will be received for the Greenville Road Bridge Replacement at 177 Main Street, Townsend, Massachusetts 01469 until 11:00 a.m. on Friday, September 30, 2022, at which time they will be immediately opened and read aloud. 

   The scope of work includes reconstructing the existing Bridge No. T-07-015 and roadway on its northern and southern approaches for an approximate project length of 370 feet. The work under this project will consist of a full bridge replacement, including deck, superstructure and substructure, full depth pavement reconstruction, minor horizontal and vertical alignment improvements, installation of guardrail, applying pavement markings, stream bed restoration and other incidental work. 

   Plans, specifications, and the official numbered bid forms are only available between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday beginning Wednesday, September 7, 2022, by contacting Frances Eisinger at feisinger@greenintl.com at Green International Affiliates, Inc. Bidders are responsible for confirming receipt of the bid package by contacting Frances Eisinger. No deposit is required for electronic bid documents. 

   The Bidders attention is called to the requirements and conditions of employment to be observed and minimum wage rates to be paid under the contract as determined by the Department of Labor and Industries under the provisions of the MGL, Chapter 149, Section 26-27D inclusive. 

   The requirements of MGL Chapter 81, Section 8B apply to this contract whereby each prospective Bidder proposing to bid must be pre-qualified in accordance with 720 CMR 5.00, “Prequalification of Contractors”. Parties may obtain plans and specifications but may not obtain an Official Proposal Book without being listed in the official or waiver contractor lists issued by the MassDOT Prequalification Office. Forms must be obtained from MassDOT, Prequalification and Contract Office, Room 7551, 10 Park Plaza, Boston, MA 02116. 

   Each bid must be accompanied by a bid security in the amount of five percent (5%) of the bid price payable to the “Town of Townsend”. No proposal may be withdrawn within thirty (30) days of the designated bid opening date. 

The Town of Townsend reserves the right to reject any or all bids wholly or in part, and accept any bid or part thereof deemed in the Town's best interest. 

Board of Selectmen

9/9/2022 and 9/16/2022 E

Town of Townsend 

   Board of Selectmen

ADVERTISEMENT FOR BIDS

Greenville Road Bridge Replacement

   Sealed bids will be received for the Greenville Road Bridge Replacement at 177 Main Street, Townsend, Massachusetts 01469 until 11:00 a.m. on Friday, September 30, 2022, at which time they will be immediately opened and read aloud. 

   The scope of work includes reconstructing the existing Bridge No. T-07-015 and roadway on its northern and southern approaches for an approximate project length of 370 feet. The work under this project will consist of a full bridge replacement, including deck, superstructure and substructure, full depth pavement reconstruction, minor horizontal and vertical alignment improvements, installation of guardrail, applying pavement markings, stream bed restoration and other incidental work. 

   Plans, specifications, and the official numbered bid forms are only available between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday beginning Wednesday, September 7, 2022, by contacting Frances Eisinger at feisinger@greenintl.com at Green International Affiliates, Inc. Bidders are responsible for confirming receipt of the bid package by contacting Frances Eisinger. No deposit is required for electronic bid documents. 

   The Bidders attention is called to the requirements and conditions of employment to be observed and minimum wage rates to be paid under the contract as determined by the Department of Labor and Industries under the provisions of the MGL, Chapter 149, Section 26-27D inclusive. 

   The requirements of MGL Chapter 81, Section 8B apply to this contract whereby each prospective Bidder proposing to bid must be pre-qualified in accordance with 720 CMR 5.00, “Prequalification of Contractors”. Parties may obtain plans and specifications but may not obtain an Official Proposal Book without being listed in the official or waiver contractor lists issued by the MassDOT Prequalification Office. Forms must be obtained from MassDOT, Prequalification and Contract Office, Room 7551, 10 Park Plaza, Boston, MA 02116. 

   Each bid must be accompanied by a bid security in the amount of five percent (5%) of the bid price payable to the “Town of Townsend”. No proposal may be withdrawn within thirty (30) days of the designated bid opening date. 

The Town of Townsend reserves the right to reject any or all bids wholly or in part, and accept any bid or part thereof deemed in the Town's best interest. 

Board of Selectmen

9/9/2022 and 9/16/2022 B

Form 299       Date:  August 23, 

2022 

Attorney General’s Notice                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

Pursuant to G.L. c. 40, § 32, as amended by 

Chapter 299 of the Acts of 2000

Town of Townsend -- Case No. 10574

Annual Town Meeting of May 3, 2022

Article # 26

   Attorney General's Limited Authority to Waive Procedural Defects in the Notice of the Planning Board Hearing  

Pursuant to the provisions of  G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000, if the Attorney General finds there to be any defect in the procedure of adoption or amendment of any zoning by-law relating to the form or content of the notice of the Planning Board hearing prescribed by G.L. c. 40A, § 5, or to the manner or dates on which said notice is mailed, posted or published as required by that section, then instead of disapproving the by-law or amendment by reason of any such defect, the Attorney General may elect to proceed under the defect waiver provisions of G.L. c. 40, § 32.  Under those provisions, the Attorney General is conditionally authorized to waive any such defect.

   Defect Determined in Notice of Planning Board Hearing 

The Attorney General has determined that the planning board hearing notice relating to the above Article failed to comply with the notice requirements for such hearing established by G.L. c. 40A, § 5.  Section 5 provides in part (with emphasis added):

No zoning…by-law or amendment thereto shall be adopted until after the planning board in a…town has…held a public hearing thereon…at which interested persons shall be given an opportunity to be heard….  Notice of the time and place of such hearing, of the subject matter, sufficient for identification, and of the place where texts and maps thereof may be inspected shall be published in a newspaper of general circulation in the…town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of said hearing, and by posting such notice in a conspicuous place in the…town hall for a period of not less than fourteen days before the day of said hearing.  Notice of said hearing shall also be sent by mail, postage prepaid to the department of housing and community development, the regional planning agency, if any, and to the planning board of each abutting city and town…

   Based on the materials submitted to this Office, we have identified the following defects: the Planning Board hearing notice was published only once on April 1, 2022 for a Planning Board hearing to take place on April 11, 2022. Therefore, the notice was published for the first time ten days, and not at least fourteen days, prior to the Planning Board hearing.  In addition, the notice was published once in the newspaper and not twice, as required by G.L. c. 40A, § 5. Apart from these defects, the notice appears to satisfy the requirements of the statute. 

Attorney General's Election to Proceed Under the Waiver Provisions of G.L. c. 40, § 32 

The Attorney General has elected to proceed under the limited defect waiver authority conferred by G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000.

Suspension of Review of Zoning By-Law Amendments 

The 90-day period prescribed by law for the Attorney General's review of local by-laws is therefore suspended in accordance with the provisions of G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000.

Posting and Publication of This Notice 

The Town Clerk shall post a true copy of this Notice in a conspicuous place in the Townsend Town Hall for a period of not less than 14 days and shall publish a copy once in a newspaper of general circulation in the Town of Townsend.

Filing of Claim That Defect in Notice Was Misleading or Otherwise Prejudicial

Within 21 days of the date on which this Notice is published in a newspaper of general circulation in the Town of Townsend, any resident of the Town of Townsend, or the owner of any real property in the Town of Townsend or any other party entitled to notice of the planning board hearing may file with the Town Clerk a written statement that the notice defect was misleading or otherwise prejudicial.  The statement must include the reasons supporting the claim that the defect in the Planning Board Notice was misleading or otherwise prejudicial.  This statement must be actually on file with the Town Clerk not later than 21 days from the date on which this Notice is published in the newspaper.

Town Clerk's Certification of Compliance with This Notice 

After the expiration of the 21-day period, the Town Clerk shall submit to the Attorney General a true copy of this Notice with a certification of compliance with the publishing and posting requirements of the preceding paragraph, and a certification that either (a) no claim was filed within the 21-day period, or (b) one or more claims were filed within the 21-day period. The Town Clerk shall submit to the Attorney General true copies of any such claim(s).  

Resumption of Attorney General's Review 

Upon receipt of one original copy of this Notice with the Clerk's certification, the 90-day period provided for the Attorney General's review under G.L. c. 40, § 32, shall resume. If no claim is made, the Attorney General has the discretion to waive any such defect; if any claim is made, however, the Attorney General may not waive any such defect. 

Note:  By not filing a claim under this provision, a person shall not be deprived of the right to assert a claim of invalidity arising out of any possible defect in the procedure of adoption or amendment, as provided in G.L. c. 40, § 32, and in G.L. c. 40A, § 5.

Date:  August 23, 2022

A TRUE COPY ATTEST:

/s/ Kathleen M. Spofford, 

Town Clerk

9/2/2022 D

 

 

 

TOWN OF TOWNSEND

CONSERVATION COMMISSION

LEGAL NOTICE

   Pursuant to the Massachusetts Wetlands Protection Act and the Townsend Wetlands Bylaw, the Townsend Conservation Commission will hold a work session on Wednesday, August 24, 2022 during their 7:00pm meeting. The session will be held virtually via Zoom meeting and in person at Town Hall, on a Request for Determination of Applicability filed with the Conservation Commission by Gavin Byars. The property is located at 9 Gilchrist Road (Assessor’s Map 23, Parcel 9). Application materials are available for public review in the Land Use office.

The proposed project is to install an in-ground pool, deck, and safety fence within 100 feet of a wetland.

Jessica Consolvo, Agent

Townsend Conservation Commission

8/19/2022 C

TOWN OF TOWNSEND

CONSERVATION COMMISSION

LEGAL NOTICE

   Pursuant to the Massachusetts Wetlands Protection Act and the Townsend Wetlands Bylaw, the Townsend Conservation Commission will hold a public hearing on Wednesday, August 10th, 2022 at approximately 7:10 pm. The hearing will be held virtually via Zoom meeting and in person at Town Hall, on a Notice of Intent (NOI) filed with the Conservation Commission by Lorraine Blackwell. The property is located at 6 Shirley Road (Assessor’s Map 32, Parcel 23).

The proposed project is for a septic system replacement. Part of the construction will take place within 100 feet of a bordering vegetated wetland and all will be within the 200-foot Riverfront Area. 

Jessica Consolvo

Agent, Townsend Conservation Commission

7/29/2022 A

TOWN OF TOWNSEND

CONSERVATION COMMISSION

LEGAL NOTICE

   Pursuant to the Massachusetts Wetlands Protection Act and the Townsend Wetlands Bylaw, the Townsend Conservation Commission will hold a work session on Wednesday, July 27th, 2022 during their 7:00pm meeting. The session will be held virtually via Zoom meeting and in person at Town Hall, on a Request for Determination of Applicability filed with the Conservation Commission by Matley Pools & Spas on behalf of Carolyn LaFerriere. The property is located at 15 Tyler Road (Assessor’s Map 15, Parcel 5, Lot 6). Application materials are available for public review in the Land Use office.

   The proposed project is to install an in-ground pool within 100 feet of a wetland.

Jessica Consolvo

Agent, Townsend Conservation Commission 

7/22/2022 B

Town of Townsend 

Invitation to Bid

   The Town of Townsend invites mobile communications firms to submit proposals for the leasing of space at Town-owned property for the installation and operation of wireless communications equipment. The lease shall be for a period of ten (10 years) on the date of execution of a mutually agreed upon lease agreement. The proposer (Lessee) shall obtain all permits and pay all costs associated with the Lessee's equipment.

   The location is at 12 Dudley Road, Townsend, MA and there is currently a cell tower on this site.

   Sealed bids are due by 2:00 p.m. Wednesday, July 6th, 2022, at the Office of the Town Administrator/ Chief Procurement Officer, Town of Townsend, 272 Main Street, Townsend, MA 01469, at which time and place the proposals will be publicly opened.

   Copies of the RFP may be obtained for the Townsend Town Clerk, at 272 Main Street, Townsend, MA 01469 or by email at kspofford@townsendma.gov.

6/10 and 6/17/2022 A

TOWN OF TOWNSEND

CONSERVATION COMMISSION

LEGAL NOTICE

   Pursuant to the Massachusetts Wetlands Protection Act and the Townsend Wetlands Bylaw, the Townsend Conservation Commission will hold a work session on Wednesday, June 22, 2022 during their 7pm meeting. The session will be held virtually via Zoom meeting and in person at Town Hall, on a Request for Determination of Applicability f t rvation Commission by Dillis & Roy on behalf of the Townsend Board of Health. The property is located at 33 Greenville Road (Recycling Center - Assessor’s Map 6, Parcel 8, Lot 0). Application materials are availa ble for public review in the Land Use office.

   The proposed project is to make improvements to the existing transfer station drop-off area, some of which will occur within 100 feet of a drainage basin. 

Jessica Consolvo

Agent, Townsend Conservation Commission 

6/17/2022

 

Town of Townsend 

Invitation to Bid

   The Town of Townsend invites mobile communications firms to submit proposals for the leasing of space at Town-owned property for the installation and operation of wireless communications equipment. The lease shall be for a period of ten (10 years) on the date of execution of a mutually agreed upon lease agreement. The proposer (Lessee) shall obtain all permits and pay all costs associated with the Lessee's equipment.

   The location is at 12 Dudley Road, Townsend, MA and there is currently a cell tower on this site.

   Sealed bids are due by 2:00 p.m. Wednesday, July 6th, 2022, at the Office of the Town Administrator/ Chief Procurement Officer, Town of Townsend, 272 Main Street, Townsend, MA 01469, at which time and place the proposals will be publicly opened.

   Copies of the RFP may be obtained for the Townsend Town Clerk, at 272 Main Street, Townsend, MA 01469 or by email at kspofford@townsendma.gov.

6/10 and 6/17/2022 A

 

 

Pages

Groton Herald

Mailing Address
P.O. Box 610, Groton, Massachusetts 01450
 

Office
145 Main Street, Groton, Massachusetts 014510
[Prescott Community Center]
 

Telephone: 978-448-6061
 

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