HomeMy WebLinkAbout2011-11-14 Subsequent Town Meeting WarrantMiddlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, 1, on September 28, 2011 notified and warned the inhabitants of the Town of
Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested
copies of this Town Meeting Warrant in the following public places within the Town of Reading:
Precinct 1 J. Warren Killarn School, 333 Charles Street
Precinct 2 Peter Sanborn Place, 50 Bay State Road
Precinct 3 Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Austin Preparatory School, 101 Willow Street
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Wood End School, 85 Sunset Rock Lane
The date of posting being not less than fourteen (14) days prior to November 14, 2011, the date set for Town
Meeting in this Warrant.
I also caused a posting of this Warrant to be published on the Town of Reading website on September 28,
2011.
A true copy Attest:
� �� �r 12 R 'ra Gemm6, fown Clerk
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—Thoma's 14 Freeman, Constable
TOWN WARRANT
(SEAL)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the
inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading
Memorial High School Auditorium, 62 Oakland Road, in said Reading, on Monday, November 14, 2011, at
seven-thirty o'clock in the evening, at which time and place the following articles are to be acted upon and
determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home
Rule Charter
ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer-
Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School
Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee,
Cemetery Trustees, Community Planning & Development Commission, Town Manager and any other Official,
Board or Special Committee.
Board of Selectmen
ARTICLE 2 To choose all other necessary Town Officers and Special Committees and determine
what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will
vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town
Officers and Special Committees to carry out the instructions given to them, or take any other action with
respect thereto.
Board of Selectmen
ARTICLE 3 To see if the Town will vote to amend the FY 2012 - FY 2021 Capital Improvements
Program as provided for in Section 7-7 of the Reading Home Rule Charter and as previously amended, or take
any other action with respect thereto.
Board of Selectmen
ARTICLE 4 To see if the Town will vote to appropriate the sum of $55,470.89 for the purpose of
funding the West Street final design project, including all engineering and design costs, and any other
associated costs, and that to meet this appropriation:
$7,798.08 shall be transferred from the unexpended proceeds of the town's bonds dated 4-10-08 which
were issued for the construction of the Birch Meadow Tennis Courts pursuant to the vote of the town
passed 11/13/07 (Article 9);
♦ $46,209.30 be transferred from the unexpended proceeds of the town's bonds dated 11-1-07 which
were issued for the construction of the Turf Field Improvements pursuant to the vote of the town passed
4/26/07 (Article 22);
♦ $1,341.51 be transferred from the unexpended proceeds of the town's bonds dated 4-10-08 which were
issued for the purchase of a Ladder Truck pursuant to the vote of the town passed 11/13/07 (Article
10); and
♦ $122.00 be transferred from the unexpended proceeds of the town's bonds dated 8-1-09 which were
issued for the purchase of a Fire Engine pursuant to the vote of the town passed 11 /10/08 (Article 11);
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and that the Board of Selectmen is authorized to take any other action necessary to carry out this project;
provided, however that no expenditures shall be .made hereunder until the Board of Selectmen determines
(which determination shall be conclusive) that after the transfer of such unexpended bond proceeds, the
remaining amount of unexpended bond proceeds from all of the above referenced bonds is sufficient to
complete the project for which the bonds were sold, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 5 To see if the Town will vote to amend one or more of the votes taken under Article 28 of
the Warrant of the Annual Town Meeting of April 25, 2011; and to see what sum the Town will vote to
appropriate by borrowing or transfer from available funds, or otherwise, as the result of any such amended
votes for the operation of the Town and its government, or take any other action with respect thereto.
Finance Committee
ARTICLE 6 To see if the Town will vote to authorize the payment during Fiscal Year 2011 of bills
remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any
other action with respect thereto.
Board of Selectmen
ARTICLE 7 To see if the Town will vote to rescind the remaining balances on the following
authorized but unsold debt that is no longer needed for the completion of the projects:
♦ $140,000 for Birch Meadow Tennis Courts —April 26, 2007 Annual Town Meeting Article 21;
♦ $275,000 for Turf Field Improvements - April 26, 2007 Annual Town Meeting Article 22;
♦ $65,000 for Sewer improvements Sunnyside/Fairview - April 26, 2007 Annual Town Meeting Article 23;
+ $50,000 for Ladder Truck —November 13, 2007 Subsequent Town Meeting Article 10
Or take any other action with respect thereto
Board of Selectmen
ARTICLE 8 To see if the Town will vote to amend the action taken under Article 7 of the Warrant at
the November, 2010 Town Meeting, which vote authorized the borrowing of $2,285,000 to pay costs of water
system improvements on Haverhill Street, to permit the expenditure of funds authorized to be borrowed under
said Article 7, but which not needed to complete the Haverhill Street project, to pay costs of rehabilitating and
repairing water mains on Howard Street, from Summer Ave to County Road, including the costs of engineering
services, plans, documents, cost estimates, bidding services and all related expenses, or take any other action
relative thereto.
Board of Selectmen
ARTICLE 9 To see what sum the Town will vote to transfer from the Smart Growth Stabilization Fund
tot the Affordable Housing Trust Fund, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 10 To see if the Town will amend the motion under Article 5 at the November 13, 2001
Subsequent Town Meeting by striking the Words "July 1, 2003" and the words "allocated 75% towards
perpetual (non expendable) principal and 25% to be available (expendable)" so that the sentence shall read:
"Unless otherwise directed by a subsequent donor as to the use of his or her donation made. on or after
January 1, 2012 shall be available for expenditure (expendable)."
Or take any other action with respect thereto.
Commissioners of Trust Funds
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ARTICLE 11 To see if the Town will vote to authorize, revolving funds for certain Town Departments
under Massachusetts General Laws, Chapter 44, Section 53E'/2 for the fiscal year beginning July 1, 2011 with
the receipts, as specified, credited to each fund, the purposes, as listed, for which each fund may be spent, the
maximum amount that may be spent from each fund for the fiscal year, and the disposition of the balance of
each fund at fiscal year end.
Revolving
Spending
Revenue
Allowed
Expenditure
Year End
Account
Authority
Source
Expenses
Limits
Balance
Director of Public
Works upon the
Sale of
recommendation of the
timber; fees
Planning and
Town
Town Forest
for use of the
Improvements to
Forest
Committee
Town Forest
the Town Forest
$10,000
$0
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 12 To see if the Town will vote to accept the report of the Board of Selectmen under the
provision of law authorizing the assessment of betterments, to install granite curb on Stewart Road and
Edgemont Avenue: and to authorize the Board of Selectmen under the. provision of law authorizing the
assessment of betterments under the provisions of Chapter 80 of the General Laws, as amended, to assess
betterments therefore, in accordance with the statutory requirements; and to see what sum the Town will vote
to appropriate by borrowing, or from the tax levy, or transfer from available funds, or otherwise, for the
installation of curbing, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 13 To see. if the Town will vote to discontinue as a public way for all purposes a portion of
Grant Street, consisting of approximately 399 square feet of land along the northerly side of Grant Street and
400 square feet of land along the southerly side of Grant Street as shown on a Plan entitled "Grant Street
Roadway Discontinued Plan" dated September 27, 2011, a copy of which is on file with the Town Clerk,
subject to the reservation of any and all utility and drainage facility easements in said way; and to transfer the
care, custody, control and management of said discontinued portion of Pearl Street from the Board of
Selectmen for public way purposes, to the Board of Selectmen for the purpose of conveyance, and further, to
authorize the Board of Selectmen pursuant to M.G.L. c,40, §3 to convey all of the Town's right title and interest
in said discontinued way upon such terms and conditions, and for such consideration as the Board of
Selectmen deem to be in the best interest of the Town,
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 14 To see if the Town will vote to authorize the Board of Selectmen, pursuant, to M.G.L.
Chapter 40, §3, to convey all of the town's right title and interest in the parcel of land identified on the
Assessors Map as Map 28, Lot 202 containing 13,930 square feet of land, upon such terms and conditions,
and for such consideration as the Board of Selectmen deem to be in the best interest of the Town, or take any
other action relative thereto.
Board of Selectmen
ARTICLE 15 To see if the Town will vote to discontinue as a public way for all purposes a portion of
Old Pearl Street, consisting of approximately 11,351 square feet of land along the westerly side of the 1944
Pearl Street alteration beginning at the private way known as Bunker Avenue and extending in the northerly
direction for a distance of approximately 250 linear feet to the side line of Audubon Road as shown on a Plan
entitled "Pearl Street Roadway Discontinued Plan" dated September 27, 2011, a copy of which is on file with
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the Town Clerk, subject to the reservation of any and all utility and drainage facility easements in said way; and
to transfer the care, custody, noDtnJ| and management of said discontinued portion of Pearl Street from the
Board of Selectmen for public way purpoaea, to the Board of Selectmen for the purpose of conveyance, and
further, to authorize the Board of Selectmen pursuant to M.G.L. o.40. §3 to convey all of the Town's Fight title
and interest in said discontinued way upon such terms and conditions, and for such consideration oa the Board
of Selectmen deem to be in the beat interest of the Town,
oF take any other action with respect thereto.
Board of, Selectmen
ARTICLE 16 To see if the Town will vote, pursuant to M.G.L. Chapter 40, Section 15A, to transfer the
cgFe, custody and oVDtnJ| of approximately 31.051 square feet of land as shown on Board of Assessor's map
27 lot 405. and map 27 lot 412 from the School Department to the Board of Selectmen for the purpose of
conveyance; and; and further, to authorize the Board of Selectmen pursuant to M.G.L. c.40. §3 to convey-all of
the Town's right title and interest in said property upon such terms and oODditioOa, and for such consideration
as the Board of Selectmen deem to be in the best interest of the TovVO,
Cr take any other action with respect thereto
School Committee
ARTICLE 17 To see if the Town will vote to discontinue aepublic ways for all purposes, the following;
- a portion of Grandview Rood' on the west aide of the way southerly from the intersection of Cold Spring
Road for approximately 358 feet;
- a portion of Cold Spring Rogd, on the south side of the way westerly for approximately 115 haat from
the intersection of Grandview Road and the full width of the way an additional 112 feet westerly to
Oakland Road;
- a portion of Oakland Road southerly from the intersection of Cold Spring Rood for approximately 330
feet to Chestnut Road; and
- a portion of Tower Road westerly from Grandview Road for approximately 243 feet to Oakland Road,
all as shown as "the Discontinued Sections of Grandview RVad. Cold Spring Road, Oakland Road and Tower
Road" on a P|eD entitled "Roadway Discontinuance Plan" dated September 27, 2011, @ copy of which is on file
with the Town C|e[k, subject to the reservation of any and all utility ROU drainage facility easements in said
ways; to transfer the ca[e, nugtody, control and management of said discontinued portions of Grandview
Road, Cold Spring Rood, Oakland Road and Tower Road from the E]ooFd of Selectmen for public way
purposes to the Board of Selectmen for the purpose of conveyance; and hJrthe[, to authorize the Board of
Selectmen to convey all of the Town's right title and interest in said discontinued ways together with all of the
land shown oO Board of Assessor's Map 33 Lot 1S. Map 33 Lot 31. Map 27 lot 4O5` and Map 27 lot 412upon
such terms and conditions, and for such consideration as the Board of Selectmen deem to be in the best
interest of the Town,
o[ take any other action with respect thereto.
Board of Selectmen
ARTICLE 18 To see if the Town will vote, pursuant t0K8.G.L Chapter 4O. Section 15A.to transfer the
cone, custody and control of the property shown on Board of Assessor's K8op S. Lot 3, consisting of 31.614
square feet of |and, from the Water Department or the Board of Selectmen for water resource and protection
purposes, to the Board of Selectmen for the purpose of conveyance; and further, to authorize the Board of
Selectmen pursuant to M.G.L. c.40. §3 to convey all of the Town's right title and interest in said parcel of land
upon such tarnnG and cond|t|ons, and for such consideration as the UoanU'of Selectmen deem to be in the beat
interest of the Town,
or take any other action with respect thereto.
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Board of Selectmen
ARTICLE 19 To see if the Town will approve the recodification of the Reading General Bylaw
pursuant to Section 8.9 of the Reading Home Rule Charter, or take any other action with respect thereto.
Bylaw Committee
ARTICLE 20 To see if the Town will vote to approve an amendment to the Table of Organization
pursuant to Section 6-1 of the Reading Home Rule Charter, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 21 To see if the Town will vote to amend Section 4.8, Aquifer Protection District, of the
Town of Reading Zoning By-Laws, in the following respects (note - GFOSS thMugh represents language to be
eliminated and bold represents new language):
by amending Section 4.8.3. Definitions: as follows (new language in bold),
Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation or
surface water to penetrate directly into the soil. Impervious surfaces shall include all roofs, decks, driveways,
parking areas, roadways and walkways, regardless of the proposed surface material. Excluded from this
definition are decks that are constructed with open joints between the floorboards, and where the
surface underneath the deck is not impervious;
by deleting Sections 4.8.6.1.9 and 4.8.6. 1.10 in their entirety, and inserting in place thereof the following new
sections:
4.8.6.1.9 Land uses that result in the rendering impervious of more than 15% or 2,500 square feet of
any lot or parcel, whichever is greater, unless a system of artificial recharge of precipitation is
provided;
4.8.6.1.10 When artificial recharge is required to meet the limitation established in Section 4.8.6.1.9, a
system for the recharge of precipitation shall be provided that will not result in the degradation of
groundwater quality. Recharge plans shall comply with the DEP Stormwater Guidelines and shall be
submitted to the Town Engineer for review and approval;
by inserting a new Section 4.8.7 as follows:
4.8.7. Nonconforming Uses and Structures
Non-conforming uses and structures which were lawfully existing, begun or in receipt of a building or
special permit, prior to the first publication of notice of public hearing for this bylaw may be continued.
If such non-conforming uses and structures are changed, extended or altered, as specified in M.G.L. c.
40A, §6 and Section 6.3 of this bylaw, then the use or structure as changed, extended or altered must
comply with this bylaw.
by inserting a new Section 4.8.8 as follows:
4.8.8 No Variance Permitted
No variances shall be granted from the provisions of this bylaw Section 4.8.
by inserting a new Section 4.8.9 as follows:
4:8.9 Administration/Rules and Regulations
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This bylaw shall be administered by the Community Planning and Development Commission which
shall also have the authority to adopt rules and regulations governing the design of infiltration
systems required herein;
by renumbering the current Section 4.8.7 as 4.8.10,
or to take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 22 To see if the Town will vote to amend Section 6,2 (Signs) of the Town of Reading Zoning
By-Laws as follows:* (note — Gress thFough represents language to be eliminated and bold represents new
language)
6.2.2. Definitions
t. Temporary Construction/Redevelopment Signs — A temporary unlit free
standing sign or wall sign affixed to a structure or fence identifying the project name, project
team, project description or business to be conducted on the premises.
6.2.4. Exempt Signs
6.2.3.
GGRMFUGtien Signs, ideRtifying GentFaGteFs while deiRg Gen6tFUGtien WeFk on a pFoperty. Temporary
Construction signs shall be allowed during active construction, where a demolition or building
permit has been issued and where at least site preparation work has commenced. Temporary
Redevelopment signs shall be allowed for sites that have not begun construction, but have
been issued a building or demolition permit or have an approved site plan. The maximum size
of Temporary Construction/Redevelopment Signs shall not exceed 32 square feet in surface
area or 10 feet in any dimension. Temporary Redevelopment signs may be displayed for a
period of up to 1 year. Upon written request and approval of the CPDC the display period for a
Temporary Redevelopment sign may be extended. Temporary Construction signs shall be
removed after the construction, repair or renovation work is completed or within 7 days after the
issuance of a final occupancy permit.
Signs Permitted According to Zoning District
Table 6.2.3 Signs Permitted According to Zoning- District
Max
Max
Sign
Sign
Setbacks:
Permit
Area
Height
Front
Side
Maximum
Type
Required
(sq.ft.)
(ft.)
(ft.)
(ft.)
Number
All Zoning Districts:
1. Personal Message
N
4
6
N/A
20
1/lot
2. Identification (Joint
and Area
N
4
8 (A)
N/A
N/A
1/lot
3. Construction
N
465 32
N/A
N/A
20
N/A 1
4, Subdivision Sales
(C)
48
N/A
N/A
N/A
1/subdiv.
5. Subdivision
(C)
24
N/A
N/A
N/A
1/subdiv,
6. Real Estate Sales
N
I 8(G)
6
N/A
20
1/lot
7
7. Temp Open House
N
4
N/A
N/A
20
1/agency
per lot
8. Garage/Yard Sale
N
4
N/A
N/A
20
1 /lot
9. Informational -
N
4
6
N/A
N/A
N/A
Directional
L
Portable A-Frame Regulated by the Board of Selectmen — Annual Permit
Required
10. Temporary Y 16 N/A (See Section
6.2.6.2.h.) Business Signs or 30
Business -A, Business-C and Industrial Zoning Districts:
11. Free-Standing.
Y
50(D)
20
0
20(1)
1 /lot
12. Wall
Y
2/4E
(A)
N/A
10
1/business
13. Projecting I Blade
Y
8
(A)(H)
N/A
10
1 /business
Business-B Zoning Districts:
14. Free-standing
Y
35(D)
1
14
0
20
1
1 /lot
(Service Stations Only)
15. Wall
Y
2(F)
(A)
0
0
2/businesses
16.Projecting/ Blade
Y
8
(A)(H)
-4
0
1/business
17. Free-Standing
SPP(J)
35
10.5
0
20
1/lot
NOTES:
(A) No portion of such sign shall extend higher than the bottom of the sills of the windows of
the second floor of a building. or higher than the lowest portion of the eaves or, in the
case of a gabled wall, no higher than a line equal in height to the lowest portion of the
lower eave of any adjoining building wall, whichever of the above is lowest.
(B) Aggregate sign area of all applicable signs.
(C) Only as shown in Definitive Subdivision Plans as approved by the Community Planning
and Development Commission consistent with Paragraph 6.2.1.1.
(D) May not be larger than 75 square feet, if more than one business occupies the lot.
*See Section 6.2.6.4.
(E) If the minimum distance from the building wall on which the sign is mounted is less than
100 feet from the centerline of the street which the sign faces, the maximum sign area
shall be equal to 2 square feet per linear foot of said wall occupied by the establishment
to which the sign relates; if such distance is more than 100 feet, maximum sign area
shall be equal to 4 square feet per linear foot of said wall so occupied.
(F) No wall sign for any non-residential establishment shall exceed a sign area equal to 2
square feet per linear footage of length of the front wall of the building occupied by the
establishment to which the sign relates.
IG) Real Estate Signs in the Industrial Zoning Districts are allowed one sign per business
with a maximum sign area equal to 2 square feet per linear foot of said wall occupied by
the establishment to which the sign relates without a sign permit.
(H) Projecting /Blade Signs shall be at least eight (8) feet from the ground and may project no
more than four (4 ) feet from the structure.
(1) A Special Permit may be granted by the CPDC. Gee Section 8.2.9 for Special Permit
Criteria. |
(J) Free-standing signs shall be permitted only where the principal business entranma ks
located more that 4U feet from the centerline of the street )n front of the lot. CPOCmoy
waive the 40' buo|naoo entrance setback requirement for signs in existence as of the
effective date of this amendment. See Section 8.2.0.a. for Special Permit Criteria �
Or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 23 To see if the Town will Vote to amend the Town of Reading E)ene[o! Bylaw by adding o
new section as follows:
OjO Maintenance of Vacant Buildings and Land
All vacant structures and vacant land within the Town of Reading shall be maintained in e safe, secure
and clean condition so as not to compromise the health, safety and general welfare of the community.
8.10.1
For purposes of this bylaw the following definitions shall apply:
8.10j.1 Building
A structure enclosed within exterior vvoUa or firexvaUe, built, erectad, or framed of any
nnmteha|o, and fixed to the QnJUDd, having a roof, to form a structure for the shelter of
peraona, mnin)a|g or ppopedx, or the storage of commercial or industrial personal property.
This by|ovv shall not apply to buildings or property OVVOed or subject to the control of the
Town or any of its governmental bodies.
8.10.1.2 Owner
Ape[soO` entity, service company, property manager n[real estate b[oher, who alone or
severally with others:
• has legal or equitable title
otherwise; or
• has cans, charge or control
othe[wise, iU any capacity
adOOiOistrador, adOniDistrathX,
title; or
to any building, structure or parcel of land. vacant or
of any building or structure, parcel of land, vacant or
including but not limited to agent. executor, executrix,
trustee or guardian of the estate of the holder of legal
• is a mortgagee in possession of any such ; or
• is an agent hootea or other person appointed by the courts and vested with
possession orcontrol; or
• kaon officer or trustee of the association of unit owners ofacondominium; each such
person being bound to co[Do|V with the provisions Of these DoiDiOOUDl, standards as if
he were the owner; or
• is a trustee who holds, owns or controls Olodooga loans for mortgage backed
securities transactions and h.as initiated a foreclosure process.
8.10i1.3 Vacant
Buildings or property that are unoccupied fora period greater than one hundred eighty /18O\
days bva person or persons with legal right t0 occupancy thereof.
8.10.2 Minimum Maintenance Requirements
Owners of vacant properties must fulfill the following minimum adequate maintenance requirements for
any such property they own:
• Maintain vacant properties in accordance with all applicable local and state Sanitary
Codes, Building Codes and Fire Codes.
• Secure vacant properties to prevent unauthorized entry and exposure to the elements.
• Maintain vacant properties in a manner that ensures their external /visible maintenance,
including but not limited to the maintenance of major systems, the removal of trash and
debris, and the upkeep of lawns, shrubbery, and other landscape features.
• Remove graffiti, carvings or markings from all structures, signs, walls and fences.
• Repair or replace broken windows or doors within thirty (30) days. Boarding up any
doors or windows is prohibited except as a temporary measure for no longer than thirty
(30) days.
For properties vacant for six months or more, the utilities for which have been shut off,
remove or cut and cap such utilities to prevent accidents.
• Maintain free from the storage of any junked, wrecked, or abandoned vehicles.
Compliance with this section shall not relieve the owner of any applicable obligations set forth in any
other codes, regulations, covenant conditions or restrictions, and /or homeowner or condominium
association rules and regulations.
8.10.3 Notice of Failure to Maintain Property
Upon identifying a property as failing to meet the minimum maintenance requirements set out in section
8.10.2, the Building Inspector may notify the owner in writing at the owner's last known address of
maintenance deficiencies. If any maintenance deficiency is not corrected within 30 days of said notice,
or if a maintenance plan is not approved by the Building Department within 30 days of said notice, the
Town may impose a penalty in accordance with the provisions of this bylaw.
8.10.4 Inspections
The Building Department, the Board of Health, the Chief of the Police Department and the Chief of the
Fire Department, or their designees, shall have the authority to periodically inspect any property
reasonably understood to be a vacant property for compliance. The Building Department shall have the
discretion to determine when and how such inspections are to be made, provided that the time and
manner of such inspections are reasonably calculated to ensure that this bylaw is enforced.
8.10.5 Penalties
Violations of this bylaw, including violations of any regulation promulgated hereunder, or failure to
comply with a maintenance plan approved by the Building Department, shall be punishable by a fine of
one hundred dollars ($100.00) for each day during which the violation continues. In addition to any
other means of enforcement, the provisions of this bylaw may be enforced by non - criminal disposition
in accordance with the provisions of Section 1.8 of this bylaw, and M.G.L. Chapter 40, Section 21D.
For the purposes of such non - criminal disposition, the "enforcing person" shall mean the Building
Inspector, the Health Director, the Police Department, the Fire Department, or their designee.
8.10.6 Enforcement
The Building Department or its designee, the Board of Health, Fire Department and /or the Police
Department or their designees(s) shall enforce all provisions of this bylaw; including any regulation
promulgated hereunder, and shall institute all necessary administrative or legal action to assure
compliance.
8.10.7 Unsafe Buildings
If the Building Inspector determines the building to be unsafe, he may act immediately in accordance
with the State Building Code to protect public safety. Furthermore, nothing in this bylaw shall abrogate
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the powers and/or duties of municipal officials to act pursuant to any general statutory authority
including, without limitation, M.G.L. c.139, §1 et seq. and M.G.L. c.143, §6 et seq.
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 24 To see if the Town will vote to amend Section 7.1 of the Town of Reading General Bylaw
as follows(note — GFOSS thFOugl:v represents language to be eliminated and bold represents new language, and
all section numbers are in accord with the proposed recodified General Bylaw):
Delete the last sentence of the second paragraph of Section 7.1.4 and substitute therefore
"The critical wetland-related terms used in this bylaw and regulations adopted pursuant hereto shall be
defined in regulations promulgated under this bylaw"
and delete Sections 7.1.4.1 through 7.1.4.11, so that Section 7.1.4 reads as follows
7.1.4 Concurrent Notice and Hearings to Meet State Law Requirements
The same Notice of Intent, plans and specifications required to be filed by an applicant under M.G.L. Chapter
131, Section 40 will be accepted as fulfilling the applicable requirements of this bylaw. The Conservation
Commission may adopt and impose project review changes in accordance with regulations adopted pursuant
hereto. Town projects are exempt from review fees under. Section 7.1.14.
All hearings and public meetings held under M.G.L. Chapter 131, Section 40 when it applies, and under this
bylaw shall be held simultaneously, whenever possible. Definitions, time frames and procedures, not
inconsistent with this bylaw or the regulations adopted pursuant hereto, set forth in said Section 40, and in the
regulations promulgated by the Department of Environmental Protection, as the same may from time to time be
amended, are hereby made a part of this bylaw. Notwithstanding any definitions set feFth in said Seetien 40,
and iR the regulations promulgated by the Depai4ment of EnviFGRmental ProteGtien, the fellewing definitions a
heFeby also made a part of this bylaw and shall (3ontFOI wheReveF theFe is a GeRf!iGt between the di#eFeRt
definitier� The critical wetland - related terms used in this bylaw and regulations adopted pursuant
hereto shall be defined in regulations promulgated under this bylaw
7.1.4.1 AGtiv-1ty
Shall also inGlude the installatieR of any utility Genduit system inGlud!Rg but not limited to dFainage, sewage and
wateF systems; and GhangiRg E)f the GhemiGal, theFmal or biGlOgiGal GhaFaGteFi6tiG6 E)f lanCd �-r �.A.fater.
7.1.41.2 Alter
Shall meaR tO impaGt by any aGtiVity, aRy aFea subjeGt tO proteGtiOR URder this bylaw.
7.1.4.3 BGFdeF"ng Vegetated Wetland
Shall ORGlude aRY WetIand that tOUGhes any GFeek, FiveF, stream, whetheF permanent er intermittent, pond Gr
lake eF the bank of any of the pFeGedinq FesGL4FGe aF8aS
, .
7.1.4.4 Buffer Zone
Shall inrlude land extending one hundred (100) feet horizontally outward fFem the boundary of any aFea
subjeGt tO proteGt*OR Linder this bylaw, eXGept land subjeGt to flooding er riverfrent are
7.1.4.6 D*trh
Shall mean any man made tFenGh eF furrow that has not altered aRY GFeek, Fiver, stFeam, pend oF lake, or the
ba�k of any of the pFeseding reseUFGe aFeas, oF wetland.
7.1.4.6 Fleedplain
11
And amend section 7.116 as follows:
7.1,16 Violations
No person mhoU rernove, fiU, dredge or alter any area subject to protection under the provisions of this bylaw
without the required authorization, or C8U8e. suffer or allow such @ctiVity. or leave in place uOGidhOhz8d fi)i. or
otherwise fail to restore illegally altered land to its original condition, or fail to comply with an enforcement order
issued pursuant to the provisions of this by|axx. Each day such violation continues shall constitute a separate
offense except that any person who fails to remove unauthorized fill or otherwise fails to restore illegally altered
land to its original condition' after gWinq given written notification of said violation te by the Conservation
Commission shall not be subject to additional penalties under this h«|GVV. unless said person thereafter fails to
comply with @O enforcement order o[ order nfconditions.
[)[ take any other action with respect thereto
Conservation Commission
ARTICLE 25 To see if the Town will vote to enland the Town of Reading General BvLoxv, in the
following respects /Dote — GFOSS throu represents language to be eliminated and bold represents new
language, and all section numbers are in accord with the proposed recodified General Bylaw):
by amending Section 2.1.1 Date of Annual Town Meeting, as follows:
The Annual Town Meeting shall be held on the third Tuesday preceding the fourth Monday in April of each year
for the election of Town Officers and for such other matters as required by |8vV to be determined by ballot.
Notwithstanding the foregoing, in any yeaF in whiGh the PFesidential eleGteFs aFe to be elertedT the Board of
Selectmen may schedule the conOnnenCenl8rd of the Annual Town Meeting for the same date designated as
the date to hold any Federal or State election;
Or take any other action with respect thereto
IN
Finance Committee
�
hydraulic,
7-.1.4.7- Gr-Gundwate
Shall be synonymous with
groundwater —_supply.
7.1.4.8 Stream
Shall body flowing
mean a of wateF, whetheF
permanent OF
moving
along a -
7.1.4.9 Rare Speriies
Shall alse iRGI�de these speGies listed
as rare, threatened
OF endangered
by the MassaGhusetts Divisien.
plant
of FisheFoes and Wildlife NatuFal Heritage PFegFam.,
7.1.4.10 ^~~~^^'_~~`^^'~~
Shall be as defined in 310 GMR 10,00, amended-.
as
7.1.4.11 Wetlands
Shall lands wheFe the water table is at
or neaF the suFfaGe
or the land
is Govered by shallow This
Fnean
shall inGlude swamps, wet meadows, begs and
marshes, Greeks,
riveFs, streams,
water.
and lakes, Wetla
pends
And amend section 7.116 as follows:
7.1,16 Violations
No person mhoU rernove, fiU, dredge or alter any area subject to protection under the provisions of this bylaw
without the required authorization, or C8U8e. suffer or allow such @ctiVity. or leave in place uOGidhOhz8d fi)i. or
otherwise fail to restore illegally altered land to its original condition, or fail to comply with an enforcement order
issued pursuant to the provisions of this by|axx. Each day such violation continues shall constitute a separate
offense except that any person who fails to remove unauthorized fill or otherwise fails to restore illegally altered
land to its original condition' after gWinq given written notification of said violation te by the Conservation
Commission shall not be subject to additional penalties under this h«|GVV. unless said person thereafter fails to
comply with @O enforcement order o[ order nfconditions.
[)[ take any other action with respect thereto
Conservation Commission
ARTICLE 25 To see if the Town will vote to enland the Town of Reading General BvLoxv, in the
following respects /Dote — GFOSS throu represents language to be eliminated and bold represents new
language, and all section numbers are in accord with the proposed recodified General Bylaw):
by amending Section 2.1.1 Date of Annual Town Meeting, as follows:
The Annual Town Meeting shall be held on the third Tuesday preceding the fourth Monday in April of each year
for the election of Town Officers and for such other matters as required by |8vV to be determined by ballot.
Notwithstanding the foregoing, in any yeaF in whiGh the PFesidential eleGteFs aFe to be elertedT the Board of
Selectmen may schedule the conOnnenCenl8rd of the Annual Town Meeting for the same date designated as
the date to hold any Federal or State election;
Or take any other action with respect thereto
IN
Finance Committee
ARTICLE 26 To see if the Town will vote to amend the Town of Reading General Bylaw, in the
following respects (note — cross - through represents language to be eliminated and bold represents new
language, and all section numbers are in accord with the proposed recodified General Bylaw):
by amending Section 2.2 Conduct of Town Meetings, as follows:
Rule 3 Prior to debate on each Article in a Warrant involving the expenditure of money, the Finance
Committee shall advise the Town Meeting as to its deliberations, findings or recommendations and the
reasons therefore;
by amending Section 3.3.2, Finance Committee, as follows:
3.3.2.1 Duties
The Finance Committee shall consider all matters of business included within the Articles of any Warrant which
involve the expenditure, appropriation and raising or borrowing of money or which otherwise impact the
town finances;
3.3.2.2 — ReG9MmeRdati9Rs Report to Town Meeting
The Finance Committee shall make a written FeGGmmeRd report on all Articles that it has considered, and
the Town Clerk shall make said written FeGOMmendations report available to eaGh Town Meeting MembeF at
least seveR (7) days prier to the fipst adjourRment of the Annual T-OWR MeetiRg, seveR (7) days pFier tG th
ser.end Monday iR Nevember and few. (4) days prieF to any SpeGial Town Meeting as part of the "Report on
the Warrant" available to each Town Meeting Member. The said rec--,,. ndal;ons should be those
of the eRtiFe Committee but FeGem mend ati G RE, may also be made by a minerity of said Committee,
h- 9 ....... ittee'S Fewt shall also state the total amount,of aPPFGPFiatien8 FeGemmended by it on the entire
VVaFFaRt and the appFoxi mate -tax rate based on suc;h �eGemmendatien , When sufficient information has
been provided to take a vote, the recommendations should be those of a majority of the entire
Committee. However, recommendations may also be made by a minority of said Committee in addition
to the majority. The Committee's recommendation shall include the total amount of appropriations
that it recommends on each article within the Warrant.
by inserting the following new sections:
3.3.2.3 Form of Report
The Finance Committee in making its report upon any subject referred to it shall arrange the report in
clear and compact form, and shall divide it into separate propositions whenever in its judgment such
divisions may be desirable. The Committee shall attach to each proposition its own recommendations
or a summary of deliberations, when applicable.
3.3.2.4 Failure of Finance Committee to Make Recommendation
The failure of the Finance Committee to consider, recommend and/or report on any Article in the
Warrant shall not affect the validity of any vote or other action taken at any Town Meeting.
and by renumbering the current Sections 3,3.2.3 and 3.3.2.4, as 3.3.2.5 and 3.3.2.6,
or take any action with respect thereto.
Finance Committee
ARTICLE 27 ' To see if the Town will 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:
13
7.2.3.7 Appeal
Within seven (7) bUoiDeoa days of the [|oOn[DisGioD'G 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 m 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 b0e. place and purpose of the hearing shall be posted in G 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 [}oDinniasioD;
7.2.3.8 Certificate of Hardship
Pursuant to M.G.L. c.40C. G10(c). in the event of an application for @ Certificate VfHaFdship. the {}ODlDlissioD
shall determine whether, oVViDQtOthe conditions especially affecting the building or structure involved, but not
affecting the District geOen@\|y, failure to approve GD application will PeoV{t in a substantial handship, financial or
otherwise, tVthe applicant and whether such application may be approved without substantial detriment to the
public welfare and without gUbSt8DU8| d8rDgEdiOO from the intent and purposes of this bylaw, If the CDrO[OiSsiOD
determines that owing to such conditions failure io 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 nf said property; and
b« renumbering the current Sections 7.2.37 and 7.2.3.8as Sections 7.2.3.8 and 7.2.3.1[l
or take any other action in respect thereto.
Petition
ARTICLE 28 To see if the Town will vote, pursuant to Section 8-1 of the Reading Home Rule Charter,
to amend Article 5. Town Manager, Section 5-1: Appo|DtnleDt, Qualifications, Term, so that it reads as follows
(language wit hovVs deletions/words in bold denotes new language)
The Board of Selectmen shall appoint a Town Manager without heFFH and may enter into a contract with the
l[om/n Manager not exceeding three (3) years in length, and shall fix his compensation within the a0oUDi
GOOUa||y appropriated for that purpose. The Town Manager shall not be subject to a personnel bylaw, if any.
The Town Manager shall be appointed on\e|y on the basis of his executive and administrative qualifications. He
shall be a professionally qualified person of proven abi|ity, especially fitted by edUcatiVD, training and previous
experience. He shall have. had at least five (5) years of full-time paid experience as a City o[ Town Manager or
Assistant City or Town Manager or the equivalent level public or private sector experience.
The terms of the Town Manager's annp|oyrnerd shall be the subject of o written contract agFeement setting
forth his tenure, compensation, vacation, sick leave, benefits, and such other matters as are
customarily included inen employment contract agreement. While serving aa Town Manager he shall devote
full time to the Office (and except as expressly authorized by the Board of Selectmen) shall not engage in any
other business or occupation and (except as expressly provided in the Charter) shall not hold any other public
offioe, elective or appointive, in the Town.
With the approval of the Selectmen, he may serve as Lhe Town's representative t0 regional boGndG,
coOnrnino|onm and the |iha but shall not receive additional salary from the Town for such aervioeo,
or take any other action with respect thereto.
14
Board 0fSelectmen
ARTICLE 29 To see if the Town will vote, pursuant to Section 8-1 of the Reading Home Rule Charter,
to amend Article 7, Finances and Fiscal Procedures, Section 7 -2: Submission of Proposed Budget, paragraph
1, so that it reads as follows: (language with strikethrough shows deletion/language in bold denotes new
language) ,
At least four (4) months before the start of the fiscal year, and following consultation with the Board of
Selectmen on the Municipal Government portions of the budget, the Town Manager shall submit to the
Finance Committee a proposed budget for the ensuing fiscal year with an accompanying budget message and
supporting documents. He shall simultaneously provide for the publication in a local newspaper of a general
summary of the proposed budget, and a notice stating the times and places where complete copies of his
proposed budget shall be available for examination by the public.
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 30 To see if the Town will vote pursuant to Section 8-1 of the Reading Home Rule Charter
to amend Section 2-12, Establishment of Standing Committees, the third paragraph under Finance Committee,
as follows (new language in bold):
The Finance Committee shall have all the powers and duties granted to Finance Committees under the laws of
the Commonwealth, Town bylaws, Town Meeting vote and other applicable laws. In addition to these powers,
the Finance Committee shall. have the power to investigate the books, accounts, records and management of
any office, board or committee in Town, and may use agents in carrying out such investigations. The Finance
Committee shall report on its deliberations, findings, approval or disapproval on all Articles that involve the
expenditure of funds in the Warrant in writing at least seven (7) days before Town Meeting, Such a report shall
not preclude further action or reconsideration by the Finance Committee, or take any other action in respect
thereto.
Finance Committee
ARTICLE 31 Warrant Article Title: Amendment of Section 2-15, Referendum Procedure, of the
Reading Home Rule Charter
To see if the Town will vote, pursuant to Section 8-1 of the Reading Home Rule Charter, to amend Section 2-
15: Referendum Procedures, subsection (b) Form of Referendum Petition/Ballot Question, so that it reads as
follows: (language with stFikethrough shows deletions/words in bold denotes new language.)
No final affirmative vote of a Town Meeting on any Warrant Article shall be operative until after the
expiration of seveR (7) ten (10) days following the dissolution of the Town Meeting except the following: (a) a
vote to adjourn or dissolve, (b) votes appropriating money for the payment of notes or bonds of the Town and
interest becoming due within the then current fiscal year, (c) votes for the temporary borrowing of money in
anticipation of revenue, or (d) a vote declared by preamble by a two-thirds vote of Town Meeting to be an
emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of
the Town. If a referendum petition is not filed within the said seven (7) ten (10) days, the votes of the Town
Meeting shall then become operative.
(a) Referendum Petition — If, within said seven (7) ten (10) days, a referendum petition signed by not
less than three (3) percent of the voters certified by the Registrars of Voters containing their names and
addresses is filed with the Board of Selectmen requesting that any question affirmative vote of Town Meeting
be submitted to the voters in the form of a ballot question, such ballot question to be in the form required in (b)
herein, to the voters, then the operation of the Town Meeting vote shall be further suspended pending its
determination as provided below. The Board of Selectmen shall,. within ten (10) days. after the filing of such
referendum petition, call a Special Election that shall be held within thirty (30) days or such longer period as
may be required by law after issuing the call, for the purpose of presenting to the voters any such ballot
question.
W,
If, however, a regular or Special Election is to be held not more than sixty (60) days following the date
the referendum petition is filed, the Board of Selectmen may provide that any such ballot question be
presented to the voters at that Election.
(b) Form of Referendum Petition /Ballot Question - Each ballot question submitted shall appear
at the top of each referendum petition and shall be presented in the following form which shall be placed on the
official ballot: - "Shall the Town vote to approve the action of the representative Town Meeting whereby it was
voted on (insert date of town meeting) to (insert complete language of the vote in the same form in which it was
stated when presented by the Moderator to the Town Meeting, and as it appears in the records of the Clerk of
the meeting) "?
The form of the referendum petition shall in conformance with this section.
The circulator(s) of the referendum petition may make additional copies of the petition form, but such
copies must be an exact duplicate thereof. Petition forms must be exact duplicates for the signatures to
be certified and count toward the three percent of registered voters. The petition form may not be altered
in any way. Alterations of the petition form will result in the invalidation of all signatures contained on
that petition form.
No extraneous markings, such defined as underlines, highlighting, erasures, marking out or insertion of
words, or alteration of the wording or emphasis of the petition question or informational language are
allowed. . Extraneous marks that may
result in the invalidation of all signatures contained on that petition form are limited to marks that will
fundamentally change the substance, wording or emphasis of the petition or the ability of the Board of
Registrars of Voters to verify information on that petition form.
alteFatiGRG of the petition for—, -1 -epies of the petition foFm that are not exaGt dupliGates, will result in the
Extraneous markings do not include signatures or
addresses.
Each petition form shall include language informing voters that additional markings will disqualify the
signatures on the petition form; that for their signature to be valid, they must be a registered voter of the Town
of Reading; that their signature shall be written as they are registered; that they should not sign the petition
more than once; and that if they are prevented by physical disability from writing, that they may authorize some
person to write their name and residence in their presence. The back of each petition form where signature
lines appear, shall include the following instruction: "ATTENTION VOTERS: Before signing, read signer
information on the other side ".
The Town Clerk shall upon request produce suitable Town referendum petition /ballot question
forms, compliant with section b requirements and prepared with the ballot question language as
appears in the records of the Clerk of the meeting. At the requester's option, the Clerk shall within 4
business hours following the original request make 5 paper copies available for pickup at the Town
Clerk's service window, or shall send an email containing an Adobe PDF document attachment of the
form. A referendum petition produced by the Town Clerk shall be deemed compliant with section (b)
form conformance requirements in later examinations.
In addition to the certification of signatures on the petition form, the Board of Registrars of Voters shall
examine the petition forms. for extraneous markings, and determine whether they are exact copies; or take any
other action in respect thereto.
Petition
ARTICLE 32 To see if the Town will vote pursuant to Section 8 -1 of the Reading Home Rule Charter
to amend Article 8, General Provisions, by inserting the following new section:
Section 8 -16: Term Limits of Appointed Boards, Committees and Commissions
16
No volunteer member of an appointed board, committee or commission shal\servemcre than three (3)
consecutive three (3) year terms on any individual board, committee o[commission. The Chairmanship of all
boards, committees and commissions shall rotate among the membership on an annual basis with no person
serving two consecutive, one year terms as Chairperson VF. more than three years as Chairperson throughout
their term of service on that specific board, committee or commission; and
bv renumbering the current Sections 8-1Oao Section O-17;
oF take any other action in respect thereto.
17
Petition
and you are directed to serve this Warrant by posting an attested copy thereof in at le ' ast one
(1) public place in each precinct of the Town not less than fourteen (14) days prior to
November 14, 2011, or providing in a manner such as electronic submission, holding for
pickup or mailing, an attested copy of said Warrant to each Town Meeting Member,
Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or
before the time appointed for said meeting.
Given under our hands this 27th day of September, 2011.
bomas H Free an Cdnstable
it.
C(C�ar'nillle Wg. Anthony , Chairman
Steph Goldy, Vice Chairman
Ben Taf ecretary
,FR' chard W. Schubert
James naz li