2011-11-17 Subsequent Town Meeting Minutes

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SUBSEQUENT TOWN MEETING Reading Memorial High School November 17, 2011 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:39 PM, there being a quorum present. Meeting started with the Pledge of Allegiance to the Flag. David Mancuso, Precinct 4 moves to take Article 27 out of order. Motion to Take Article 27 Out of Order Carried ARTICLE 27: David Mancuso, Precinct 4 moved that the Town vote to amend Section 7.2, Demolition of Structures of Potentially Historical Significance, of the Reading General Bylaw, as follows (all section numbers are in accord with the proposed recodified General Bylaw): by inserting the following new sections: Stephen Goldy moved to dispense with the further reading of the motion Motion to Dispense Carried 7.2.3.7 Appeal Within seven (7) business days of the Commission's determination that a structure is a Preferably Preserved Historic Structure pursuant to Section 7.2.3.6 hereof, the property owner may appeal the determination to the Board of Selectmen by filing a written request for review with the Board of Selectmen. The request for review shall be received by the Board of Selectmen and the Town Clerk's Office within seven (7) business days of the date of the Commission's determination and a copy of the request shall be provided to the Building Commissioner and the Commission. The Board of Selectmen shall hold a public hearing and issue its determination within forty -five (45) business days from the date of said Commission's determination. Public notice of the time, place and purpose of the hearing shall be posted in a conspicuous place at Town Hall and published in a local newspaper not less than seven (7) business days prior to the date of the scheduled public hearing. Said notice shall identify the street address of the subject Building. A copy of the public hearing notice shall be mailed to the Applicant and record owner if different from the Applicant, the Building Commissioner and Commission; 7.2.3.8 Certificate of Hardship In the event of an application for a Certificate of Hardship, the Commission shall determine whether, owing to the conditions especially affecting the building or structure involved, failure to approve an application will result in a substantial hardship, financial or otherwise, to the applicant and whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this bylaw. If the Commission determines that owing to such conditions failure to approve an application will involve substantial hardship to the applicant then approval thereof may be made to authorize the Building Inspector to approve the application for demolition of said property; and by renumbering the current Sections 7.2.3.7 as Section 7.2.3.9, or take any other action in respect thereto. Background: The sponsors of this Article support the desire by the town to preserve the historical character of its older structures balanced against the rights of private property owners to maintain and improve their buildings to meet their needs. The Reading Historical Commission Bylaws currently do not allow private property owners a means to appeal property assignments to the list of Structures of Potentially Historical Significance as other 2011 Subsequent Town Meeting