HomeMy WebLinkAbout1982-11-18 Adjourned Subsequent Town Meeting Minutes96
ADJOURNED SESSION SUBSEQUENT TOWN MEETING
Reading Memorial High School
November 18, 1982
The meeting was called to order by the Moderator, John W. Faria, at 8:00 P. M. there
being a quorum present.
The invocation was given by the Rev. E. Lewis MacLean of the Church of the
Nazarene, followed by the Pledge of Allegiance to the Flag.
ARTICLE 21. On motion of Maureen T. O'Brien it was voted that the Town amend
Section 1 of Article XXII of the By -Laws of the Town of Reading by deleting the portion of
the second sentence following the word "follows ": and the third sentence thereof and
substituting therefor the following:
"In the event the Dog Officer is able to ascertain the owner or keeper of such
unrestrained dog, the Dog Officer shall issue a written warning to such owner or keeper for
the first offense within a calendar year. The Dog Officer shall levy a fine of twenty dollars
($20.00) for the second offense within a calendar year, thirty dollars ($30.00) for the third
offense within a calendar year, and fifty dollars ($50.00) for each subsequent offense within
a calendar year.
In the event the Dog Officer is unable to ascertain the owner or keeper of any such
unrestrained dog or upon one complaint from each of five households of the Town, delivered
to either the Dog Officer or the Board of Selectmen, alleging that the provisions of this
Section 1 are being violated, the Board of Selectmen shall, after issuing notice to all
interested parties, hold a public hearing to determine if this Section 1 is being violated and
by whom. If they determine that such violation exists and they determine the identity or
keeper of such dog, the Board of Selectmen may issue to the owner or keeper a written
warning or may levy a fine of not more than fifty dollars ($50.00) for the first or any
subsequent violation of this Section 1.
Records of all warnings issued shall be maintained by the Board of Selectmen and /or
the Dog Officer. The Dog Officer or the Board of Selectmen, as the case may be, shall
enforce this By -Law by the issuance of a written warning or by written notice to the person
complained against, setting forth the offense, the amount of any fine, and indication that
said fine be paid to the Dog Officer within ten (10) days from the issuance date of said
notice.
ARTICLE 1 On motion of John W. Price it was voted to take Article 1 from the
table.
ARTICLE 1. The following report of the Blue Ribbon Committee presented by John
J. Baronofsky was accepted as a report of progress.
INTERIM REPORT OF THE BLUE RIBBON COMMITTEE
When originally commissioned by the Selectmen, the Blue Ribbon Committee was
given the broad assignment of looking at the operation of the town from a business
management point of view and reporting our findings and recommendations to 1983 Town
Meeting.
Although we are not prepared, at this time, to declare a crisis in town structure, we
feel we can no longer delay reporting our deep concern over our initial findings. As a result
of our reviews and meetings, buttressed by interviews with town officials and interested
citizens, we conclude that a major reassessment of the structure of town government is now
mandatory.
GENERAL
We find that the individual departments in the town are operating on a totally
decentralized basis. In many corporations, decentralization works with great efficiencies
and gives tremendous flexibility in terms of scheduling and reaction to outside requirements.
However, decentralized businesses usually have a number of checks and balances that allow
them to operate in an efficient manner. These include:
1) A top executive who runs the business, taking direction from a Board of Directors that
is elected by the owners.
2) A stated plan with short and long range objectives.
3) Budgetary control systems that allow measurement of individual units of the business.
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Subsequent Town Meeting November 18, 1982
4) Centralization of select functions to gain economies of scale (finance, purchasing,
personnel, etc.).
5) Written policies and procedures, well defined job descriptions and information systems
that provide succinct reports for intelligent management decisions.
The Blue Ribbon Committee feels that there are elements of some of these in
Reading; but, the pictured Hydra shown on a recent Reading Chronicle front page is a more
appropriate description of the way our town operates. This is not the way to run an over $20
million per year business!
RECOMMENDATIONS:
Accordingly, we recommend further pursuit of the following key items:
1) Codification of all laws that apply to the Town of Reading, to provide a clear baseline
for proper implementation of any changes.
2) Concurrent with this codification, a reassessment of the need to have a charter for the
town.
3) Establishment of a central management function such as a Town Manager.
4) Development of a strong management control system to keep individual department
spending in -line and efficient.
5) Consolidation of long range planning activities to provide succinct summaries of goals
and objectives.
6) Consideration of a central purchasing function, under a Town Purchasing Agent, to
serve all departments (including School and Municipal Light).
7) Merger and reorganization of similar functions or departments (such as Cemetery and
DPW).
You have the opportunity to act, with the possibility that if these recommendations
are pursued, this could be one of the most significant eras in modern Town Meeting history.
It should be recognized that this could entail a commitment of resources and a need
for selected professional assistance, but the potential yield should make it a worthwhile
pursuit.
Accordingly, we ask for guidance and support in the form of a "sense of the meeting"
vote, or poll, that will provide the Blue Ribbon Committee with a mandate to pursue these
recommendations.
Respectfully submitted by
The Blue Ribbon Committee:
John Baranofsky, Chairman
Kenneth DeMoura
Earl K. Hawley
Chester Higgins
John Sweeney
ARTICLE 1. On motion of John W. Price it was voted to lay Article 1 on the table.
ARTICLE 23. On motion of Marvin M. Rosenthal it was voted to take up Article 23
out of order.
ARTICLE 23. On motion of Gail F. Wood it was voted that the Town amend Article VI
of the Town of Reading By -Laws by deleting Section 5 in its entirety and renumbering
Section 6 as Section 5.
ARTICLE 24. On motion of Marvin M. Rosenthal it was voted to take up Article 24
out of order.
ARTICLE 24. On motion of Gail F. Wood it was voted that Article 24 be indefinitely
postponed.
ARTICLE 25. On motion of Marvin M. Rosenthal it was voted to take up Article 25
out of order.
ARTICLE 25. On motion of John W. Price it was voted that the Town accept Chapter
148, Section 26C of the Massachusetts General Laws.
Subsequent Town Meeting November 18, 1982
ARTICLE 28. On motion of Marvin M. Rosenthal it was voted to take up Article 28
out of order.
ARTICLE 28. On motion of Douglass L. Barker it was voted that the Town accept a
parcel of land containing 39,143 square feet from Parkwood Construction Corporation of
Burlington, Massachusetts as recorded in the Middlesex South District Registry of Deeds in
Book 14570, Page 376 for Water Department purposes and for the protection of water
supply.
ARTICLE 29. On motion of Marvin M. Rosenthal it was voted to take up Article 29
out of order.
ARTICLE 29. Catherine A. Quimby moved that the Town amend Article 6 of the
Zoning By -Laws by:
a) inserting after the words "building exterior or premises" in Paragraph 6.2.1.1 the
following words: "except for political signs relating to any federal, state or town election,
such political signs to be displayed no earlier than thirty days before said election and to be
removed no later than five days after said election, and to be displayed on private property
only."
b) inserting at the beginning of the first sentence of Paragraph 6.2.1.2 the words "Except
for political signs as defined in Section 6.2.1.1"
c) adding a new paragraph as follows: "6.2.2.3 The restrictions of Paragraph 6.2.2. shall
not apply to political signs as defined in paragraph 6.2.1.1."
d) adding a new paragraph as follows: 116.2.3.7 The number and sign area of political
signs shall not be included in the computation of total number and total sign area allowed
under Paragraphs 6.2.3.2, 6.2.3.3 and 6.2.3.4."
e) adding a new paragraph as follows: "6.2.5.3 The provisions of Paragraph 6.2.5 shall
not apply to political signs as defined in Paragraph 6.2.1.1."
ARTICLE 29. On motion of Maureen Rich it was voted to lay Article 29 on the table.
ARTICLE 1. On motion of Maureen Rich it was voted to take Article 1 from the
table.
ARTICLE 1. The following report presented by Maureen Rich for the Planning Board
was accepted as a report of progress.
PLANNING BOARD REPORT
1982 SUBSEQUENT TOWN MEETING
ARTICLE 29
Pursuant to Section 5, Chapter 40A, General Laws, a public hearing on this proposal
was held on Wednesday, October 20, 1982 at 8:00 P.M. in the Community Center
Auditorium, 52 Sanborn Street, with all Board members present. There were also 6 citizens
and a reporter from the Reading Chronicle present. Chairman Mitchel presided.
In accordance with Section 11, Chapter 40A, General Laws, the public meeting notice
was published in the Reading Chronicle on Wednesday, October 6 and 13, 1982 and also
posted by the Town Clerk at Town Hall. Notice of this meeting was also sent to all agencies
and boards pursuant to Sections 5 and 11, Chapter 40A. The meeting notice was read into
the record by the Clerk, Kenneth G. Messina.
The Chairman briefly outlined Article 29 stating that this By -law proposal would
remove all restrictions on the size and number of political signs and would only restrict the
time the signs could be posted on private property.
This Article was placed on the Fall Town Meeting Warrant by the By -law Committee.
Mr. George Theophanis from this Committee presented the reasons for placing this proosal
on the Warrant. Mr. Theophanis gave a brief history on the development of this By -law and
stated that political signs cannot be restricted from display on private property under the
rights of the First Amendment. He cited numerous cases where Federal judges upheld the
citizens' rights to freedom of speech and the only limits set were time limits, although there
was one case cited which allowed some restriction on size and number of political signs.
The By -law Committee felt that the present Zoning By -laws are not constitutional in
prohibiting these signs and, if challenged, would not be upheld in Court. With this in mind,
the By -law Committee felt it necessary to have a law that the Town could enforce. Another
reason for allowing political signs was these signs would increase interest in the issues and
candidates running in Town, State and Federal elections.
Subsequent Town Meeting November 18, 1982
Chairman Mitchel then read into the meeting record a portion of a letter from Town
Counsel which stated "by the absence of any exemption for political signs (in Town's Zoning
By- laws), (it thus) bans all political signs." This letter further states "Baldwin v. Redwood
City ... case does uphold the right to regulate political signs to a certain extent, particularly
with regard to size limitations. Such restrictions, however, must again be tied to legitimate
governmental interests such as preventing visual pollution and (promoting) traffic safety."
Ms. Sally Nitzsche, a member of the League of Women Voters and active in political
issues and candidates, spoke against the adoption of this By -law. In response to increasing
voter interest, she stated that Towns with prohibitions against political signs have higher
turnouts than Reading and quoted recent statistics as:
Wakefield - 38% voter turnout
Winchester - 28%
Stoneham - 22%
Reading - 17%
Ms. Nitzsche also felt that the wording was too cumbersome and confusing and thus
could easily be violated because of the language not being concise and exact. She also
stated that at present the prohibition on erecting political signs was very clear cut and was
easily enforceable. As to the number of signs, Ms. Nitzsche felt that these could cause a
definite safety hazard by either blocking line of sight around curves and corners or by
confusion with a proliferation of signs erected on private property. She questioned the
necessity, time and expense involved with the implementation of this By -law.
In response, Mr. Theophanis stated that although there had not been any request from
the Town's citizens for the allowance of political signs, the By -Law Committee saw that the
present Zoning Bylaw could be declared unconstitutional and thus unenforceable. The By-
Law Committee sought to rectify this situation by having a law that was both constitutional
and enforceable.
After the public finished questioning Mr. Theophanis and the Board, a sense of the
meeting was taken, with the results:
1 - in favor of Article 29
3 - opposed
2 - abstentions
On November 4, 1982 the Board met and reviewed the issues raised at the public
hearing. Upon a motion duly made and seconded, the Board voted (4 -0 -1) not to recommend
adoption of Article 29 by Town Meeting. The reasons for this were:
- the language was too cumbersome and confusing;
- voter interest was evident by the recent State election turnout of 71% with the
political sign prohibition in effect;
- political signs were allowable within the confines of any structure and anyone wishing
to make their political statement had adequate access for displaying signs from their
windows without adding to visual pollution and traffic safety hazards with a proliferation of
exterior signs;
- the law as written did not limit either the number or total square footage of sign area.
Upon consideration of these issues involved, the Planning Board recommends that
Town Meeting not adopt Article 29 on this Fall Town Meeting Warrant.
ARTICLE 1. On motion of Maureen Rich it was voted to lay Article 1 on the table.
ARTICLE 29. On motion of Maureen Rich it was voted to take Article 29 from the
table.
ARTICLE 29. On motion of Maureen T. O'Brien it was voted to lay Article 29 on the
table.
ARTICLE 30. On motion of Marvin M. Rosenthal it was voted to take up Article 30
out of order.
ARTICLE 30. On motion of Barry J. Mitchel it was voted to lay Article 30 on the
table.
ARTICLE 1. On motion of Barry J. Mitchel it was voted to take Article 1 from the
table.
ARTICLE 1. The following report presented by Barry J. Mitchel for the Planning
Board was accepted as a report of progress.
Subsequent Town Meeting November 18, 1982
PLANNING BOARD REPORT
1982 SUBSEQUENT TOWN MEETING
ARTICLE 30
Pursuant to Section 5, Chapter 40A, General Laws, a public hearing on this proposal
was held on Wednesday, October 20, 1982 at 7:30 P.M. in the Community Center
Auditorium, 52 Sanborn Street with all Board members present. There were 6 citizens
present at this hearing. Chairman Mitchel presided.
In accordance with Section 11, Chapter 40A, General Laws, the public meeting notice
was published in the Reading Chronicle on Wednesday, October 6 and 13, 1982 and also
posted by the Town Clerk at Town Hall. Notice of this meeting was also sent to all agencies
and boards pursuant to Sections 5 and 11, Chapter 40A. The meeting notice was read into
the record by the Clerk, Kenneth G. Messina.
The Planning Board placed this Article on the Warrant in response to a request from
the Building Inspector, who requested that new language be adopted that would alleviate
abuses of the sign by -law. Presently the Zoning By -laws specify that all signs over 12 square
feet in size require a Building Permit from the Building Inspector. Under Section 6.2.5.2.,
these signs must be included in the computation of the total sign area as allowed under
Section 6.2.3.2. There have been many abuses of this provision and in order to assure that
all signs comply with the total allowable sign area, all signs in Business and Industrial
Districts would require a building permit from the Building Inspector with adoption of this
proposal.
Answers to the questions raised at the public hearing were:
- This restriction would apply only to exterior signs. Signs inside buildings and in
windows would not be affected.
- Current zoning allows only a 1 square foot sign in Residence Districts to identify the
occupants and /or home occupation.
- This proposal would affect signs in only the Business and Industrial Districts.
The Chairman then took a vote to determine the sense of the meeting. There were:
0 - in f av or
0 - opposed
6 - abstentions
After considering the input from the public hearing, the Board, upon a motion duly
made and seconded, unanimously voted to recommend that Town Meeting adopt the language
in Article 30 regarding signs.
table.
table.
ARTICLE 1. On motion of Barry J. Mitchel it was voted to lay Article 1 on the
ARTICLE 30 On motion of Barry J. Mitchel it was voted to take Article 30 from the
ARTICLE 30. The following motion by Barry J. Mitchel was voted in the negative.
Moved that the Town vote to amend Section 6.2.5 of the Town's Zoning By -laws by
deleting the phrase "except those smaller than twelve (12) square feet in size" and inserting
in place thereof "except those permitted in Residence Districts," so that this Section shall
now read:
All signs, except those permitted in Residence Districts, shall require a sign permit
issued by the Building Inspector."
13 voted in the affirmative
94 voted in the negative
ARTICLE 31. On motion of Marvin M. Rosenthal it was voted to take up Article 31
out of order.
ARTICLE 31. On motion of Barry J. Mitchel it was voted to lay Article 31 on the
table.
ARTICLE 1. On motion of Barry J. Mitchel it was voted to take Article 1 from the
table.
ARTICLE 1. Mr. Mitchel requested permission for Mr. Kenneth G. Messina, a
Planning Board member but not a Town Meeting member, to give the report. This was voted
in the affirmative.
ARTICLE 1. The following report presented by Kenneth G. Messina for the Planning
Board was accepted as a report of progress.
91
Subsequent Town Meeting November 18, 1982
PLANNING BOARD REPORT
1982 SUBSEQUENT TOWN MEETING
ARTICLE 31
Pursuant to Section 5, Chapter 40A, General Laws, a public hearing on this proposal
was held on Wednesday, October 20, 1982 at 8:45 P.M. in the Community Center
Auditorium, 52 Sanborn Street with all Board members present. There were 6 citizens and a
reporter from the Reading Chronicle also present. Chairman Mitchel presided at this
hearing.
In accordance with Section 11, Chapter 40A, General Laws, the public meeting notice
was published in the Reading Chronicle on Wednesday, October 6 and 13, 1982 and also
posted by the Town Clerk at Town Hall. Notice of this meeting was also sent to all agencies
and boards pursuant to Sections 5 and 11, Chapter 40A. The meeting notice was read into
the record by the Clerk, Kenneth G. Messina.
This petition was placed on the Warrant because of the recent decision of the Woburn
District Court in which the presiding Judge felt that under Section 6.2. the wording was
ambiguous and not enforceable. After consulting with both the Building Inspector and Town
Counsel the Board proposes to add one sentence to Section 6.2.1.2. to clarify the intent of
the By -law.
The current version of the sign by -law has been in existence since the 1965 revision of
the Zoning By -law, and has always been interpreted by Town officials and in previous Court
cases to exclude price information signs from being displayed within the Town. Town
Counsel has informed the Planning Board that the Town has a right to regulate and restrict
signs for legitimate governmental interest, such as preventing visual pollution and traffic
hazards. The restrictions on price signs would apply only to exterior signs and, as is
currently allowed, price signs displayed within the building, such as those posted inside
windows, would not be affected.
Mr. Arnold Berger, owner of Reading Liquors, spoke against the adoption of this
wording and asked the Board to consider excluding marquee signs with interchangeable
letters from such restrictions. He also asked who would be aggrieved by allowing price signs
for the information of the consumer. The question of enforcement and its costs was also
raised by Mr. Berger.
Mr. Barry Kenney, Manager of the Main Street Citgo gas station, spoke on behalf of
his interest as a businessman in the community. He stated that in order to protect his
business, he had to erect price signs for gas. With the Court decision regarding the Arco
station, all gas station owners and other types of businesses on Main Street have erected
price signs. Mr. Kenney felt that the signs were not aesthetically pleasing and could even be
confusing to traffic, but he would suffer financial loss if he alone obeyed the law. He was
the last gas station owner in this area to erect price signs.
The Board responded to the questions raised and stated that it would be illegal to allow
only gas stations to display price signs. If everyone who wishedd to display price signs were
permitted to do so, the resulting confusion and safety hazard, as well as the visual pollution
within the Town, would be greatly increased. The Planning Board felt it to be in the best
interest of the Town as a whole to alleviate the confusion and ambiguity in the law and
protct the citizens from the confusion, safety hazards and visual pollution inherent with the
proliferation of such signs.
The Chairman then asked for a sense of the meeting. There were:
0 - in favor of Article 31
2 - opposed
4 - abstentions
After discussing the input from the public hearing, the Board, upon a motion duly made
and seconded, unanimously voted to recommend the adoption of Article 31 by Town Meeting.
table.
table.
ARTICLE 1. On motion of Barry J. Mitchel it was voted to lay Article 1 on the
ARTICLE 31. On motion of Barry J. Mitchel it was voted to take Article 31 from the
ARTICLE 31. The following motion by Barry J. Mitchel was voted in the negative.
Moved that the Town vote to amend Section 6.2.1.2. of the Town's Zoning By -laws by
adding the following sentence:
"Price information shall not be set forth on any such sign except as otherwise
mandated by Federal and /or State law. ", so that Section 6.2.1.2. in its entirety shall read:
Subsequent Town Meeting November 18, 1982
"Signs shall relate to the premises on which they are located and shall only identify the
occupant of such premises, the services available, hours of operation, the products sold and
their respective trade names. Price information shall not be set forth on any such sign
except as otherwise mandated by Federal and /or State law.
5 voted in the affirmative
94 voted in the negative
ARTICLE 22. On motion of Carl H. Amon, Jr. it was voted that the Town amend
Article VI, Section 3, of the Town of Reading By -Laws by removing the dollar amount and
figures of. $10,000 and substituting in its stead the dollar amount and figures of $20,000 so
that the new Section of Article VI shall read as follows:
"The Law Committee shall have authority to institute, prosecute and defend through
the Town Counsel all claims, actions, and proceedings to which the Town is a party or in
which any right or interest of the Town is involved. The Town Counsel shall not make any
final settlement of any litigation to which the Town is a party unless he had been duly
authorized by a vote of the Law Committee or by a vote of the Town Meeting. The Law
Committee shall have the authority to compromise and settle all suits involving the payment
by the Town of Twenty Thousand Dollars ($20,000) or less. A Town Meeting must approve
the compromise or settlement of all suits involving the payment by the Town of more than
Twenty Thousand Dollars ($20,000).
ARTICLE 32. Donald B. DeHart moved that Town Meeting will rezone the following
described land from Single Family 20 District (5 -20) to Business A District (Bus.A) and
amend Reading Zoning By -Law and the map referred to in Reading Zoning By -Law Section
3.2 as "Reading Zoning Map" dated September 10, 1978 as amended, to reflect the extension
of the currently existing Business A District that abuts this property to include the following
described land.
The land located in the Town of Reading, County of Middlesex, Massachusetts, on the
easterly side of North Main Street, and being the land as shown on Lot 1 on Reading
Assessors' Plot 225, and being further bounded and described as follows:
Being Lot 7 on a plan entitled "Plan of Land in Reading, Mass., March 7, 1956, Dana F.
Perkins & Sons, Inc., Civil Engineers and Surveyors ", recorded with Middlesex South District
Deeds, as Plan No. 907 of 1956, bounded and described as follows:
WESTERLY: by Main (Route 28 - 66' wide) Street, as shown on said plan, one
hundred twenty (120) feet;
NORTHERLY: by Lot 8, as shown on said plan, one hundred seventy -three and
90/100 (173.90) feet;
EASTERLY: by Lot 9, as shown on said plan, one hundred twenty -nine and
07/100 (129.07) feet; and
SOUTHERLY: by land of Elmer
hundred seventy -six and 04/100 (176.04) feet.
R. Batchelder, as shown on said plan, one
Containing 21,170 square feet, according to said plan.
Meaning and intending to describe that property owned by Geraldine Cogen, which is
situated at 1361 North Main Street, Reading, Massachusetts.
However, no such rezoning from 5 -20 to Bus. A shall be construed as amending or
changing in any way the boundaries of any overlay district which may be presently
superimposed over all or any part of the 5 -20 District so rezoned.
ARTICLE 32. On motion of Barry J. Mitchel it was voted to lay Article 32 on the
table.
ARTICLE 1. On motion of Barry J. Mitchel it was voted to take Article 1 from the
table.
ARTICLE 1. Mr. Mitchell requested permission for Kenneth G. Messina to give the
report. This was voted in the affirmative.
Subsequent Town Meeting November 18, 1982
PLANNING BOARD. REPORT
1982 SUBSEQUENT TOWN MEETING
ARTICLE 32
Pursuant to Section 5, Chapter 40A, General Laws, a public hearing on this proposal
was held on Thursday, November 4, 1982 at 7:30 P.M. in the Community Center Auditorium,
52 Sanborn Street with all Board members present. There were approximately 50 citizens
present at this hearing. Chairman Mitchel presided.
In accordance with Section 11, Chapter 40A, General Laws, the public meeting notice
was published in the Reading Chronicle on Thursday, October 21 and 28, 1982, and also
posted by the Town Clerk at Town Hall. Notice of this public hearing was also sent to
abutters, and all agencies and boards pursuant to Sections 5 and 11, Chapter 40A. The
meeting notice was read into the record by the Clerk, Kenneth G. Messina.
The Chairman stated that this article had been placed on the Subsequent Town
Meeting Warrant by petition. Chairman Mitchel presented a brief history of the property in
question, 1361 Main Street, since Mrs. Cogen purchased it in June 1979. In briefs presented
to this Board, it has been stated that Mrs. Cogen expected to use this property as a
combined private home /business. Upon commencement of a retail florist shop, the Building
Inspector obtained a cease and desist order. Mrs. Cogen then made an application to the
Board of Appeals for a variance to operate the Busy Bee Florist and Gift Shop from this
address. The Board of Appeals granted a variance to run with Mrs. Cogen's ownership to use
the garage as a "roadside stand" and operate said business from this address. The Board of
Selectmen appealed this decision by the Board of Appeals and this case is to be scheduled
for a Court hearing. At present Mrs. Cogen has a restraining order that would allow her to
sell only home -grown products from these premises, as per Sections 2.2.26 and 4.2.2 of the
Town's Zoning By -laws.
Mr. Carl W. Berger, attorney for Mrs. Cogen, requested the Board to give a favorable
recommendation to the Board of Appeals to rehear this case, thus avoiding the rezoning of
the entire property. The reason for this, he stated, was to allow Mrs. Cogen to operate her
business without granting her a rezoning of her entire property.
The Chairman explained that the request for a "repetitive petition" such as this would
have to be legally advertised and all abutters, boards and agencies properly notified. The
matter under discussion at this public hearing was ARticle 32, rezoning of 5 -20 land to
Business A.
Mr. Berger then presented his facts in support of rezoning of this property:
- Without this rezoning Mrs. Cogen would be forced out of business and she is the sole
support of her family, consisting of 4 children, 2 of which still live at home.
- Mrs. Cogen has no plans for selling this property or developing it to its highest use
under Business A zoning, but seeks this rezoning to allow her to continue operating her
business.
- Mrs. Cogen has been unsuccessful in trying to obtain a variance to operate her business
from this address because of a technicality in the Board of Appeals decision.
- Mrs. Cogen has improved the appearance of her home and is a good neighbor. She has
given demonstrations and lectures to residents at the Cedar Glen elderly housing complex.
- The surrounding area directly south and across the street is zoned Business A and this
request is for an extension of that Business A zoning to include her property.
Chairman Mitchel then read letters from the Conservation Commission and Town
Counsel regarding the Wetlands area included in the portion of 1361 Main STreet, as an
Overlay District. Attorney Berger agreed that the language contained in Town Counsel's
letter regarding the Wetlands would be included in his motion under Article 32 on Town
Meeting floor.
Citizens present at this hearing spoke concerning the matter of rezoning. Those
opposed stated:
- surrounding properties will decrease in value because of the encroachment of the
business zone, while Mrs. Cogen's property will increase in value.
- A brief history of the changes resulting from rezoning in that area over the past 20 -25
years was presented. This change in character in the neighborhood was stated as having an
adverse impact on the real value of the property owned by abutting residents.
() A
Subsequent Town Meeting November 18, 1982
- Town Meeting has not favored zoning creep into residential areas, as per recent Town
Meeting decisions on such matters previously presented.
- Mrs. Cogen agreed in the signing and recording of her real estate documents that she
would comply with the Town's Zoning By -Laws and despite all attempts at having her cease
operation of her business from this address, has disobeyed these laws and continues to do so
even at present.
- Rehabilitation of surrounding residential properties no longer would be a wise
investment and residential properties will decay such as has occurred in the South Main
Street area.
Those citizens in favor of rezoning this property stated:
- Mrs. Cogen has improved the aesthetic appearance of her property since she purchased
it and therefore has increased the value of the surrounding properties.
- The present business is an asset to the neighborhood and not a detriment. Mrs. Cogen
has given lectures and demonstrations to the residents in the nearby elderly housing
complex.
- Mrs. Cogen is being unfairly prohibited from operating a business from this address
because of technicality.
After all citizens were given an opportunity to speak on this matter, the Chairman
asked that a sense of the meeting be taken. There were:
28 - in favor of Article 32
3 - opposed
15 - abstentions
After the formal close of this public hearing, the Board debated the relevant points
associated with this rezoning. Upon a motion duly made and seconded, it was the unanimous
vote of the Board not to recommend adoption of Article 32 by Town Meeting. The reasons
for this recommendation were:
- Mrs. Cogen bought the property and the responsibility to learn exactly what she could
operate as a home occupation business was hers.
- Mrs. Cogen still has avenues within the Town to pursue before requesting rezoning of
the entire parcel.
- Rezoning from 5 -20 to Business A would allow Mrs. Cogen or a subsequent owner the
opportunity to develop this land to its fullest under Business A zoning. The Board felt that
this area of Main Street already has a high volume of traffic and cross traffic and the
further extension of the business district would have an adverse impact not warranted by
current local needs.
- Rental property within the Town (as close as the Edelweiss complex or properties
within the Central Business District) are available and these areas are already Business
zoned.
The Planning Board therefore recommends that Town Meeting not adopt Article 32 on
the 1982 Subsequent Town Meeting Warrant.
table.
table.
table.
ARTICLE 1. On motion of Barry J. Mitchel it was voted to lay Article 1 on the
ARTICLE 32. On motion of Barry J. Mitchel it was voted to take Article 32 from the
ARTICLE 32. On motion of Stanley M. Nissen it was voted to lay Article 32 on the
72 voted in the affirmative
40 voted in the negative
ARTICLE 33. William V. Ahearn moved the following question: Shall the Town
Meeting instruct the Board of Selectmen to send a resolution from the Town requesting the
President of the United States to propose to the Soviet Union a mutual nuclear weapons
freeze immediately halting the testing, production, and deployment of all nuclear warheads,
missiles, and delivery systems; and to further propose future reductions in the number of
said nuclear warheads, missiles and delivery systems.
�aJ
Subsequent Town Meeting November 18, 1982
ARTICLE 33. On motion of Carl H. Amon, Jr. it was voted that Article 33 be
indefinitely postponed.
ARTICLE 1. On motion of John W. Price it was voted to take Article 1 from the
table.
ARTICLE 1. The following report presented by John W. Price for the Data
Processing Committee was accepted as a report of progress.
Data Processing Committee Final Report
In September 1980, the Board of Selectmen formed a Data Processing Committee, to
be chaired by Selectman John Price. Representatives from the Board of Assessors, Board of
Public Works, Board of Selectmen, School Committee, Town Accountant, Town Clerk, Town
Collector and Treasurer were designated as members. In addition, a member -at- large,
Nancy Seavey was appointed and a member of the Finance Committee served as liason.
The committee decided that the town's computer needs should be addressed jointly and
interviewed the following firms who proposed a centralized system for the town; MISTI, IBM
and Wang. Each computer vendor with whom the committee spoke stressed that they would
tailor their equipment to fit Reading's needs. Committee members visited the centralized
computer systems in Andover, Lowell and Melrose. At this point, the committee felt that
an impartial viewpoint was needed to help assess Reading's computer needs, and to help
write an ubiased request for proposal.
Under Article 39 in the 1981 Annual Town Meeting, the committee asked that $8500
be appropriated for the purpose of engaging a consultant to assess the computer needs of the
town and to prepare a request for proposal for equipment to address those needs. The
request was approved by Town Meeting. In September, 1981, the committee voted to hire
Peat, Marwick, and Mitchel as consultants from a field of fourteen applicants.
Peat Marwick prepared a matrix, denoting the town functions which they
recommended for a town centralized computer system, those they did not recommend and
those desirable but probably not feasible applications. The functions recommended were
general ledger and appropriation control, budget preparation, accounts payable, payroll,
personal property, real estate, water and sewer, motor vehicle excise tax and parking fine
billings, property tax assessment, and voter registration and census. Those functions
considered desirable were vehicle maintenance, voter ballot counting, an engineering and
scientific package, and word processing. The functions not recommended for a central
computer at this time were equipment inventory control, library circulation, fire and police
department functions, light department accounting, and school department scheduling,
grading and instruction.
The committee placed an article on the Fall Town Meeting warrant in November 1981,
requesting that$113,000 be transferred from free cash and appropriated for the computer.
Under Article 13, the town voted 123 to 0 to approve this request to obtain an in house
centralized computer system, to be purchased under a lease purchase arrangement.
In December 1981 requests for proposal for computer hardware and software were
mailed to over fifty firms. Seventeen responses were received. The proposals were
technical in nature and no one responded to the R F P in its entirety. For these reasons, the
committee decided to hire a consultant to help review the proposals, evaluate the firms, and
negotiate a contract. Massachusetts Municipal Association Field Services was chosen from
the twelve applicants to perform these services.
From March 5, 1982 through July 14, 1982, the committee met regularly. In Apr., four
firms gave presentations on their proposals, and in May, the committee made three on site
visits. The firms receiving consideration in these meetings were Arlington Trust, Burroughs,
CMC, Haskins and Sells in conjunction with Wang, and MISTI. In June, contract negotiations
were held under the auspices of Mdassachusetts Municipal Association with Arlington Trust
and MISTI. MISTI was chosen as the firm with whom Reading would do business, after Ted
Cohen of Tyler and Reynolds had reviewed the contract.
At a special town meeting in June 1982, Article XXXIV was added to the town's bylaws
to set up a municipal data processing center and to allow for a data processing coordinator,
to be appointed by the Board of Selectmen.
The Board of Selectmen have appointed Elizabeth Klepeis as Coordinator for a term to
expire June 30, 1984. The Selectmen also dissolved the old Data Processing Committee and
appointed a Data Processing Advisory Board to assist the Coordinator.
The Advisory Board shall consist of one member appointed by each of the following:
Board of Assessors, Board of Public Works, Board of Selectmen, School Committee, Town
Clerk, Town Accountant, Town Collector and Town Treasurer. At an organizational
meeting, Dewey Smith was elected Chairman and Elizabeth Klepeis as Secretary.
Subsequent Town Meeting
November 18, 1982
As of this date, the computer hardware has been installed and MISTI is working with
town personnel to develop the software for accounts payable and payroll, both of which will
be up and running by January 1, 1983. Subsequently, the other applications will be brought
on the system.
This report is to be considered as the final report of the Data Processing Committee
and will be filed with the Town Clerk.
Respectfully submitted,
John W. Price, Chairman
Elizabeth Klepeis, Co- chairman
Lawrence Drew
William Locke
Roger Louanis
Raphael McDonald
Arthur Polychrones
William Redford
Dewey Smith
Ernest Spence
Ronald Winslow
ARTICLE 1. On motion of John W. Price it was voted to lay Article 1 on the table.
ARTICLE 2. On motion of Virginia M. Adams it was voted to take Article 2 from the
table.
ARTICLE 2. On motion of Virginia M. Adams it was voted that the By -Law
Committee be instructed to present a By -law change to the next Town Meeting that would
allow future Town Meetings to begin at 7:30 P. M.
table.
die.
ARTICLE 2. On motion of Virginia M. Adams it was voted to lay Article 2 on the
On motion of Marvin M. Rosenthal it was voted that this meeting stand adjourned sine
Meeting adjourned at 11:25 P. M.
131 Town Meeting members were present.
A true copy. Attest:
Lawrence Drew
Town Clerk