TOWN OF NEW MARLBOROUGH
1 TOWN MEETINGS
Town Meeting and Elections shall be called in the manner required by law
and attested copies of the warrant for the same shall be posted in five
(5) public places or more to include the Transfer Station and Town
Website, within the Town, at least seven (7) days before the time of
holding said meetings. (Adopted
Town Meeting 03.15.1937, Approved AG 04.09.1937; Amended STM 10.09.07
Approved AG 11.14.07)
Annual Town Meeting shall be held on the first Monday in May.
The Annual Town Election shall be held on the second Monday in
May, the polling hours to be set by the Selectmen.
(Adopted Town Meeting 05.09&11.1977, Approved AG 08.08.1977)
articles submitted to the Selectmen, by petition or otherwise, for
insertion in the Annual Warrant, shall be presented to the Selectmen at
least forty-five (45) days prior to the Annual Town Meeting.
(Adopted Special Town Meeting 11.19.1973, Approved AG 12.06.1973)
Moderator shall decide all votes. If
a two-thirds (2/3) vote is required, the Moderator may declare and
record the vote as meeting the requirements; providing however, that if
a vote so declared is immediately questioned by three (3) or more
voters, the Moderator shall verify the vote by polling the voters.
(Adopted ATM 05.07.07; Amended and Approved by AG 09.05.07)
2 TOWN REPORTS
Selectmen shall cause their own report to the Town, together with the
reports of all the other officers and committees, to be printed and left
at the Town Office, at least seven (7) days before the Annual Town
Meeting, where they can be obtained by any voter, resident taxpayer or
distributed by the Town Clerk. (Adopted
Town Meeting 03.15.1937, Approved AG 04.09.1937)
3 PURCHASING MATERIALS
All purchases will be in compliance with MGL Chapter 30B
All purchases less than $5,000.00 will require the use of sound business
All purchases in excess of $5,000.00 will require the signature of the
All purchases in excess of $5,000.00 will require written verbal quotes
from a minimum of three (3) vendors.
All purchases in excess of $25,000.00 will be in the form of a sealed
In an emergency such purchases may be made without bid, provided it is
approved by the Board of Selectmen.
ATM 05.07.07, Approved by AG 09.05.07)
4 PROFESSIONAL SERVICES
all cases where the Town votes one hundred (100) dollars or more for
professional services, there shall be a written contract drawn stating
in full all conditions relative thereto.
(Adopted Town Meeting 03.15.1937, Approved AG 04.09.1937)
5 CARE OF TOOLS
small tools shall be stamped with name or initials to identify them as
the property of the Town of New Marlborough.
small tools, when not in use, shall be stored in a suitable place
provided for such purpose.
small tools that carry the Town stamp shall be sold or given to anyone
to use, but may be sold by the Selectmen for junk purposes, provided
their value for future use has been destroyed.
shall be the duty of the Selectmen to see that all sections of this
By-law are enforced (Adopted
Town Meeting 03.15.1937, Approved AG 04.09.1937)
6 LICENSING PEDDLERS
without State or County license, shall not be allowed to retail from a
wagon, truck or other vehicle within this Town without obtaining a
license from the Board of Selectmen.
Non-residents engaged in the purpose of agriculture are exempt
from the above licensing. (Adopted
Town Meeting 03.15.1937, Approved AG 04.09.1937)
7 CODIFICATION OF VOTES
votes of the Town which have continuing force, year after year, shall be
brought together in one code and all such future votes shall be added
03.15.1937, Approved AG 04.09.1937)
8 FINANCE COMMITTEE
there be a Finance Committee consisting of six (6) elected members, two
to be elected annually for a term of three (3) years and the Town
Treasurer who shall be appointed annually by the Board of Selectmen.
the Finance Committee meet annually at a public place, prior to the
Annual Meeting of the Town, for the purpose of inquiring into the financial
needs and requirements of the Town for its ensuing fiscal year.
And the Selectmen shall furnish said committee with certified
copies of all articles to be inserted in the warrant involving the
raising and appropriation of monies, which the committee shall
investigate the subject matters thereof, in the respect of the needs and
amounts thereof, and report its recommendations to the Selectmen who
shall cause the same to be published in the Town Report. Public notice of the time and place of such meeting shall be
certified copies of all articles in warrants calling Special Town
Meetings, involving the raising the raising and appropriation of monies,
shall be submitted to the Finance Committee by the Selectmen, which said
committee shall investigate the subject matters thereof in respect to
the needs and amounts thereof and report its recommendations to the Town
Clerk, who shall cause the same to be made available at such Town
Meetings. (Adopted Town Meeting 03.15.1937, Approved AG 04.09.1937)
9 UNREGISTERED AND DILAPIDATED MOTOR VEHICLES
complaint, in writing, and signed by six (6) or more persons who own
land in the Town of New Marlborough, to the Selectmen or Chief of Police
the owner of the premises upon which unregistered and dilapidated motor
vehicles and/or parts thereof has been allowed to stand thereon shall
remove said unregistered and dilapidated motor vehicles and/or parts
within four (4) weeks of being informed of said complaint by the
Selectmen or the Chief of Police from any premises unlicensed under
Chapter 140, Section 57, of the Massachusetts General Laws.
The Selectmen’s judgment shall be final as to determine whether
or not a motor vehicle is junked or dilapidated.
violates any of the provisions of this By-law shall pay a fine not to
exceed ten (10) dollars for each offense.
Each dilapidated motor vehicle or part thereof that has been
allowed to stay on the premises beyond the four (4) week period may
constitute a separate offense for vehicle or part, and each continuing
day of such violation may also be considered a separate offense.
(Adopted Special Town Meeting 07.29.1966, Approved AG 09.08.1966)
10 PROTECTIVE BY-LAW
booklet filed with the Town Clerk; Effective 10.07.1966; amended
12.14.1987; corrective amendment 06.30.1994; amended 05.05.03; amended
11 ENTERTAINMENT LICENSE
person shall offer to view, set up, set on foot, maintain or carry on a
theatrical exhibition, public show, concert, dance hall exhibition of
any description, or any entertain activity, or public amusement of any
type, without first having obtained a license to do so from the Board of
Selectmen, and without having complied with the provisions of Chapter
140 of the General Laws as amended, and that in all cases in which a
crowd of one thousand (1000) or more persons is anticipated, and
including in an application for such license information on traffic,
security, parking, sanitation, food to be served, beverages to be
served, and suitable provision for cleaning the area at the conclusion
of its use and making suitable arrangements to pay the cost of any
special Town services which will be needed in the opinion of said Board.
The applicant shall also be required to obtain a policy of public
liability insurance of at least twenty-five thousand (25,000) dollars to
pay and judgments rendered against such license in favor of patrons or
others to recover damages resulting from negligence of the licensee,
together with a bond running to the Town for faithful performance of the
conditions of such license. The
applicant shall be subject to such penalties of non-compliance as
provided by law. (Adopted
Town Meeting 05.01.1978, Approved AG 1978)
12 COUNCIL ON AGING
Board of Selectmen shall annually appoint three (3) registered voters of
the Town as a Council on Aging under the provisions of Section 8B of
Chapter 40 of the General Laws. The
members so appointed shall serve without compensation and shall
designate by their vote a chairman and secretary who shall be members of
purpose of the Council shall be to coordinate or carry out programs
designed to meet the problems of the aging in coordination with the
programs of the Department of Elder Affairs.
Council shall submit an annual report to the Town and shall send a copy
thereof to the Department of Elder Affairs.
Said Department shall from time to time review and evaluate such
reports and make recommendations as to any required or needed changes in
said local programs.
Council may appoint such clerks and other employees with the approval of
the Board of Selectmen and as may be provided for by appropriation of
the Town Meeting. (Adopted
Town Meeting 05.02.1983, Approved AG 10.17.1983)
Town, in order to recycle as much as possible of the solid waste
generated within the Town, authorizes the Board of Selectmen to adopt
rules and regulations to require everyone disposing of solid waste at a
Town Facility to separate recyclable material from their solid waste and
to dispose of such recyclable material in the designated areas so that
it may be recycled.
the purpose of this by-law the term “recyclable” shall mean:
glass, paper and metal, as well as any other material the
Selectmen may determine can be recycled. The Selectmen shall have the authority to add, alter or
delete items to be separated as markets for recycled goods change.
Selectmen may set a fine not to exceed $50.00 (fifty dollars) for each
violation of this by-law.
by-laws, rules, regulations or other documents inconsistent with the
provisions of this by-law are hereby repealed to the extent of such
by-law and the various parts, sentences and clauses thereof are hereby
declared to be severable. If
any part, sentence or clause is adjudged invalid, it is hereby provided
that the remainder of this by-law shall not be affected thereby.
(Adopted STM 12.04.89; approved by AG)
14 HUNTING .
person shall hunt on any Town owned or private property in the Town of
New Marlborough without written permission of the owner of the land upon
which hunting will take place. The
written permission must be carried while hunting and renewed on an
for the first offense will be $100.00, second-time offenders will be
fined a minimum of $100.00 up to $300.00.
This by-law shall be enforced by all State and Local law
enforcement officials and shall be administered by Massachusetts General
Laws, Chapter 40, Section 21d, on a non-criminal disposition
15 RIGHT TO FARM
15.1 Purpose and intent
Town of New Marlborough finds that farming is an essential and valued
activity, which provides fresh food, clean-air, economic diversity,
local employment, and open spaces to all the citizens of our town. This
by-law is intended to encourage the pursuit of agriculture, promote
agricultural-based economic and employment opportunities, and protect
farmland within the Town of New Marlborough. The purpose is to allow
agricultural uses and related activities to function in harmony with the
community, town agencies and others. This by-law shall apply to all
jurisdictional areas with the Town.
include any parcel or contiguous parcels of and or water bodies used for
the primary purpose of commercial agriculture, or accessory thereto.
Commercial shall be defined by the minimum acreage requirement or the
gross sales and program payment requirement specified in Massachusetts
General Law Chapter 61A Section 3, as amended. “Farm” shall
include, any agricultural use as defined by the Town of New Marlborough
Protective Bylaw, Section 2.2 and any youth related agricultural
activities, such as but not limited to 4-H, irrespective of minimum
acreage or gross sales and program payment requirements.
“Farming” or “agriculture” shall include, but not
be limited to the following:
Farming in all its branches and the cultivation and tillage of
the soil • dairying;
production, cultivation, growing, and harvesting of any agricultural,
aquaculture, floricultural, viticulture,
or horticultural commodities; • growing and harvesting of forest products upon forest
land and any other forestry or lumbering operations;
• raising of livestock including horses; • keeping of horses as a commercial enterprise; and
• keeping and raising of poultry, sheep, goats swine, cattle,
ratites (such as emus, ostriches and rheas) and camelids (such as llamas
and camels), and other domesticated animals for food and other
agricultural purposes, including bees and fur-bearing animals.
encompass activities including, but not limited to, the following:
operation and transportation of slow-moving farm equipment over roads
within the Town; •
control of pests, including but not limited to, insects, weeds,
predators and disease organism of plants and animals;
• application of manure, fertilizers and pesticides;
• conducting agriculture-related educational and farm-based
recreational activities, including agro-tourism, provided that the
activities are related to marketing the agricultural output or services
of the - farm; •
processing and packaging of the agricultural output of the farm and the
operation of a farmer’s market or farm stand including signage
maintenance, repair, or storage of seasonal equipment, or apparatus
owned or leased by the farm owner or manager used expressly for the
purpose of propagation, processing, management, or sale of the
agricultural products; •
on-farm relocation of earth and the clearing of ground for farming
operations; • revitalizing drainage or irrigation ditches, picking
stone, erecting, repairing or maintaining fences, and clearing,
rejuvenation and maintaining pastures; and
• herding of livestock from area to area, including along
15.3 Right to
Right to Farm is hereby recognized to exist within the Town of New
Marlborough. The above-described agricultural activities may occur on
holidays, weekday, and weekends by night or day and shall include the
attendant incidental noise, odors, dust, and flumes associated with
normally accepted agricultural practices. It is hereby determined that
whatever impact may be caused to others through the normal practice of
agriculture is more than offset by the benefits of farming to the
neighborhood, community, and society in general. The benefits and
protections of this by-law are intended to apply exclusively to those
agricultural and farming operations and activities conducted in
accordance with generally accepted agricultural practices. For any
agricultural practice, in determining the reasonableness of the time,
place, and methodology of such practice, consideration shall be given to
both traditional customs and procedures as well as to new practices and
innovations. Moreover, nothing in this Right to Farm By-law shall be
deemed as acquiring any interest in land. The protections contained in
this by-law do not replace any applicable zoning or legal restrictions
associated with agricultural operations.
to Real Estate Buyers
order to allow prospective purchasers to make informed decisions prior
to a real estate transaction and to promote harmony between farmers and
their new neighbors after a transaction, the Town of New Marlborough
requests selling landholders and/or their agents (and assigns) provide
written notice to prospective purchasers substantially as follows:
is the policy of the Town of New Marlborough to conserve, protect and
encourage the maintenance and improvement of agricultural land for the
production of food, and other agricultural products, and also for its
natural and ecological value. This disclosure notification is to inform
buyers that the property they are about to acquire lies within a town
where farming activities occur. Such farming activities may include, but
are not limited to, activities that cause noise, dust and odors.
Purchasing, and henceforth occupying land within New Marlborough means
that one should expect and accept such conditions as a norm and
necessary aspect of living in New Marlborough.”
Written notification may occur in one of several ways including but not limited to a disclosure form, addendum to a Purchase and Sale Agreement and should include an acknowledgement by the buyer that they have received notification.
30 days after this by-law becomes effective the Board of Selectmen shall
make available for use by selling landowners or their agents (and
assigns) copies of exampled written notifications.
30 days after this by-law becomes effective the
Board of Selectmen shall prominently place in the Town Hall the above disclosure.
30 days after this becomes effective the Tax Collector shall include a
copy of the above disclosure with responses to request for Municipal
Resolution of Complaints
person having a complaint about a farm activity or
practice is encouraged to seek an amicable resolution to the complaint,
including talking directly with the involved farmer. Such person may,
notwithstanding pursuing any other available remedy, request resolution
assistance from the Board of Selectmen. Such a request does not suspend
the time within which to pursue any other available remedies. The Board
of Selectmen may appoint a panel of at least three (3) individuals, to
include representation from farmers, or refer such request to a New
Marlborough Agricultural Commission, should one exist. Said panel or
Agricultural Commission shall review and facilitate the resolution of
such a request and report its recommendations to the Board of Selectmen
within the agreed upon time frame.
any part of this by-law for any reason is held to be unconstitutional or
invalid, such decision shall not affect the remainder of this by-law.
The Town of New Marlborough hereby declares the provisions of this
by-law to be severable.
Design by: Edgar Zukauskas