HomeMy WebLinkAbout1983-04-19 Adjourned Annual Town Meeting Minutes2
ADJOURNED ANNUAL TOWN MEETING
W. S. Parker Jr. High School
April 19, 1983
The meeting was called to order at 7:30 P.M. by Lawrence Drew, there being a quorum
present.
On motion of John H. Russell it was voted that Lawrence Drew be elected temporary
Moderator during the absence of the Moderator, John W. Faria.
The invocation was given by Elizabeth W. Klepeis, followed by the Pledge of
Allegiance to the Flag.
Point of Privelege requested by John H. Russell, to read the following proclamation:
ARTICLES 28, 29, 30 and 31
As previously approved by the Town Meeting body on April 11th, 1983, all of the above
Articles are to be discussed together.
ARTICLE 28. Maureen T. O'Brien moved that the Town vote to amend Paragraph 2.0.
of the Zoning By -Laws of the Town of Reading by adding the following as Paragraph
2.2.17.1. and renumbering the current Paragraph 2.2.17. as Paragraph 2.2.17.2:
112.2.17.1. HOME BUSINESS: The use of a room or rooms, not to exceed six hundred
(600) square feet, in a one or two family dwelling for retail sales, and the public display of
goods for sale, of a seamstress, florist or provider of craft lessons."
This Article was voted in the negative.
The following Report of the Planning Board on Articles 28, 29, 30 and 31, presented by
Maureen Rich, was accepted as a report of progress.
PLANNING BOARD REPORT
1983 ANNUAL TOWN MEETING
ARTICLES 28, 29, 30 and 31
The Board of Selectmen presented these articles on the 1983 Annual Town Meeting
Warrant in response to their assurances to last Fall Town Meeting that they would find a
solution to the rezoning proposal, presented as Article 32 at that Town Meeting, for
relieving the problems of operating a retail business /florist shop from a Single Family
residence.
The Planning Board duly advertised and posted notice of this public hearing pursuant to
Sections 5 and 11, Chapter 40A, Massachusetts General Laws. On March 16, 1983 at 7:30
P.M., the Board commenced the public hearing on these articles with approximately 25
citizens present as well as a reporter for the Chronicle and Ms. Maureen T. O'Brien from the
Board of Selectmen.
The Chairman introduced Ms. O'Brien, who reviewed the Selectmen's reasons for
presenting this package of articles. She stated that the Selectmen had challenged in Court
the Zoning Board of Appeals variance for the property at 1361 North Main Street, for two
reasons:
1) a variance cannot be terminated with ownership, but rather must run with the
land; and
2) no special conditions of hardship relating to the property itself were found by the
Zoning Board of Appeals.
A subsequent proposal to rezone this parcel f rom 5 -20 to Business A was tabled by the
1982 Subsequent Town Meeting, after Mrs. O'Brien argued that a Zoning By -law change
allowing specific home businesses by means of special permits would be a preferable course
of action.
Mrs. O'Brien then addressed the logic behind the language of the four articles. The
definition of Home Business was limited to three types which should have the least effects
on the neighborhood, Special Permits were to be restricted to the owner - resident of a one or
two family dwelling, and could not be transferred upon sale. Off - street parking was
required at about the same level as is currently specified for retail business. The process of
obtaining and renewing a Special Permit was designed for ongoing involvement of the
affected neighbors, with provisions for complaints, additional public hearings and periodic
review by the Zoning Board of Appeals.
Questions raised by the Planning Board members and responded to by Mrs. O'Brien
included:
1) What is the scope of the term "craft "?
Adjourned Annual Town Meeting
April 19, 1983 %J
2) Why is a "tailor" excluded while "seamstress" is permitted?
3) What are the safeguards against storage and use of dangerous chemicals in
quantity?
4) What process do objecting neighbors have during the three -year periods between
Zoning Board of Appeals reviews, if there is abuse or non - conformance with the Special
Permit?
5) Has this periodic review process been tried in any other town?
6) Do these articles serve the larger interests of the Town or were they developed
for special interests?
7) May a permit holder use 600 square feet for home business even if that area
exceeds 25 per cent of the total area?
8) Are the parking requirements waived if municipal parking is available within 300
feet?
The Chairman then opened the meeting to the citizens present. Some of the concerns
were:
- allowable businesses for home business was discriminatory and requested that a
greater number of businesses be included; to which Mrs. O'Brien responded that it was
better to start small and expand later.
- Process for complaint was difficult. Neighbors would not want to organize to file a
complaint against another neighbor. This process could result in neighborhood
animosity and retribution.
At the conclusion of the meeting a poll of those in attendance showed:
18 - in favor
2 - opposed
5 - abstentions
After thoughtful review and discussion of the issues involved, the Planning Board during its
regular business meeting of April 7, 1983, voted unanimously (5 -0) not to recommend passage
of Articles 28, 29, 30 and 31 by Town Meeting. Chief reasons for this vote were the
following:
1) The circumstances from which this proposal arose were special interest, i.e., to
legalize an illegal situation.
2) No benefits could be demonstrated for the Town in general.
3) Home businesses might be started anywhere and by any resident, not just on a
main street and adjacent to a business district by a person under financial hardship.
4) The restricted list of permissible business types could be challenged as
discriminatory, resulting in unforeseeable broadening of the scope of activities
permitted.
Therefore, it is the Planning Board's unanimous recommendation that Town Meeting
vote not to accept Articles 28, 29, 30 and 31 on the 1983 Annual Town Meeting Warrant.
READING PLANNING BOARD
Kenneth G. Messina, Chairman
Barry J. Mitchel, Clerk
Maureen Rich
John W. Shaw
Charles Arthur, Jr.
ARTICLE 29. Maureen T. O'Brien moved that the Town vote to amend Paragraph
4.2.2, Table of Uses, of the Zoning By -Laws of the Town of Reading by inserting under the
heading "ACCESSORY USES" and under the applicable columns in said Table of Uses, the
following:
RESIDENCE BUS BUS BUS IND.
5 -10 A -40 A -80 A B C
S -20
S -40
"ACCESSORY USES"
Home Business SPA SPA SPA no no no no"
This Article was voted in the negative.
ARTICLE 30. Maureen T. O'Brien moved that the Town vote to amend Paragraph
4.3.2. "Accessory Uses" of the Zoning By -Laws of the Town of Reading by adding thereto the
following as Paragraph 4.3.2.8:
"4.3.2.8. In a Residence District a Home Business may be maintained by the
owner of the one family or two family dwelling in which such Home Business is located
provided that said owner resides in the one family or two family dwelling and provided that
special permit is granted by the Board of Appeals in accordance with the requirements of
Paragraph 7.4.2.5. of this By -Law.
This Article was voted in the negative.
1`-'1
r Adjourned Annual Town Meeting April 19, 1983
ARTICLE 31. Maureen T. O'Brien moved that the Town vote to amend Paragraph
7.4.2. "Powers of the Board of Appeals" of the Zoning By -Laws by adding thereto the
following as Paragraph 7.4.2.5:
117.4.2.5. To hear and decide applications for special permits for Home Businesses
in accordance with Paragraph 4.3.2.8. of this By -Law where the Board of Appeals
determines that the granting of such special permit will not be detrimental to the
neighborhood in which such Home Business is proposed to be located in particular and the
Town at large in general; subject to the following terms, conditions and renewal procedure
and subject further to such other terms and conditions as the Board of Appeals deems
necessary for the well -being and protection of the neighborhood and Town.
The Board of Appeals may grant a special permit for a Home Business upon the
following terms and condition:
a. The Special permit shall be limited solely to the applicant, who shall be the
owner and occupant of the one or two family dwelling in which the Home Business is to be
located.
b. The applicant shall provide additional off - street parking to the side or rear of
the one or two family dwelling and in such a manner as does not alter the appearance of the
one or two family dwelling or alter the single family residence character of the
neighborhood in accordance with the requirements of Paragraph 6.1.1.3. of this By -Law as
they relate to "Retail Stores, Offices and Consumer Service Establishments "; however, no
additional spaces shall be provided for off - street loading and unloading and the provisions of
Paragraphs 6.1.1.1. and 6.1.1.2. of this By -Law shall not apply to the required off - street
parking.
C. The applicant shall not publicly display goods for sale or advertise the goods for
sale or the Home Business from the outside of the one or two family dwelling in such a
manner that it alters the exterior appearance of the premises from that of a one or two
family dwelling.
d. The special permit may initially be granted for a period of not more than one (1)
year and may be automatically renewed by the Board of Appeals for a period of up to two (2)
additional years if, after publication of the notice of the proposed renewal at the permit
holder's sole expense in a newspaper of general circulation in the Town both twenty -one (21)
and fourteen (14) days prior to the renewal date, no Complaint Petition has been filed with
the Town Clerk's Office signed by at least one (1) member from each of five (5) households
in the immediate vicinity of the Home Business setting forth grounds why the special permit
should not be renewed and requesting a hearing before the Board of Appeals on whether the
special permit should be renewed. Such Complaint Petition must be filed with the Town
Clerk's Office no less than seven (7) days prior to the renewal date.
e. If a Complaint Petition is filed with the Town Clerk's Office, the Board of
Appeals shall hold a public hearing on whether to grant the renewal of the special permit,
however, the existing special permit shall remain in full force and effect until a decision has
been rendered by the Board of Appeals and filed with the Town Clerk's Office in accordance
with the provisions of G.L. c.40A.
f. After the first renewal of such special permit, the special permit may be
renewed for subsequent periods of up to three (3) years each in accordance with the
foregoing procedure.
g. Subject to the foregoing, all other applicable provisions of the Zoning By -Laws
shall be observed by the applicant upon the granting of a special permit for a Home
Business."
This Article was voted in the negative.
ARTICLE 33. On motion of William C. Brown it was voted that Article 33 be
indefinitely postponed.
ARTICLE 34. William C. Brown moved that the Board of Selectmen be and hereby are
authorized and instructed to sell at public auction land and building now or formerly known
as the Reading Community Center, said auction to be held on or before December 31, 1984,
minimum bid shall be Five Hundred Thousand Dollars ($500,000.00) and that the sum of Two
Thousand Dollars ($2,000) be raised and appropriated to carry out the purpose of this motion.
ARTICLE 34. On motion of John H. Russell it was voted that Article 34 be
indefinitely postponed.
ARTICLE 35. John H. Russell moved that the Town transfer from Article 31,
approved at the Annual Town Meeting on June 11, 1981 on motion by the Board of Assessors,
the sum of Three Thousand Dollars ($3,000) to the Board of Assessors for the purpose of
publishing for general circulation, its January 1, 1983 Valuation Lists for Real Estate, in
Adjourned Annual Town Meeting April 19, 1983
compliance with Article XIII, Section 4 of the Town By -Laws.
This Article was voted in the negative.
ARTICLES 36, 37, 38, 39 and 40. On motion of Maureen Rich it was voted to lay
Articles 36, 37, 38, 39 and 40 on the table until Thursday, April 21, 1983.
ARTICLE 41. On motion of Arthur Polychrones it was voted that the Town accept the
layout as a Public Way: D Street Easterly as laid out by the Board of Public Works in its
report and plan, both of which were filed in the Town Clerk's Office on April 5, 1983 to
which reference is made for a more particular description and adopt the recommendations
contained therein, and that the Town authorize the Board of Public Works to take such land
in fee or rights of easements therein by eminent domain, under the provisions of Chapter 79
of the General Laws, as amended or acquire said land in fee or rights of easement therein by
purchase, gift or otherwise, and to assess betterments therefore and to make entry for the
purpose of construction before all claims for damages by reason thereof shall have been
finally adjusted or determined, and that the sum of Seventeen Thousand Six Hundred
Seventy -Five Dollars ($17,675.00) be raised from the tax levy and appropriated to the Board
of Public Works for expense incurred in the layout and construction of said way.
ARTICLE 42. On motion of Allan E. Ames it was voted that the Town take the
following action regarding the installation of additional street lights on the public streets
during the year 1983:
That the subject matter of Article 42 be referred to the Municipal Light Board, and
that said Board be, and hereby is, authorized to install such additional street lights as in its
judgment are required, and to make such changes in the size, type and locations of existing
street lights, as it may deem advisable, the expenses of the same to be paid from the income
of the plant.
ARTICLE 43. On motion of John H. Russell it was voted that Article 43 be
indefinitely postponed.
ARTICLE 44. On motion of John H. Russell it was voted that Article 44 be
indefinitely postponed.
ARTICLE 45. On motion of John H. Russell it was voted that Article 45 be
indefinitely postponed.
ARTICLE 46. On motion of Allan E. Ames it was voted that the Town of Reading sell
2,015+ square feet of Tax Possession land on Causeway Road, Lot 13, Plat 119 to the
Reading Municipal Light Department for $100.00, such figure representing the back taxes
and charges on the property at the time of foreclosure.
ARTICLE 48. On motion of John H. Russell it was voted to take up Articles 48, 49
and 50 out of order.
ARTICLE 48. On motion of John H. Russell it was voted that the sum of Six Thousand
Five Hundred Dollars ($6,500) be raised from the tax levy and appropriated for the purpose
of painting the outside trim of the Woburn Street Fire Station, the Town Hall and the Police
Station. Said sum to be expended under the direction of the Building Maintenance
Department.
ARTICLE 49. On motion of John H. Russell it was voted that the Town authorize the
Selectmen to sell or exchange or dispose of upon such terms and conditions as they may
determine, three cars in use of the Police Department and that the sum of Thirty Thousand
Dollars ($30,000) be raised from the tax levy and appropriated for the purchase of three new
cars for the Police Department.
ARTICLE 50. On motion of John H. Russell it was voted that the sum of Thirteen
Thousand Four Hundred Dollars ($13,400) be raised from the tax levy and appropriated for
the purchase of uniforms for members of the Police Department.
On motion of John H. Russell it was voted that this meeting stand adjourned to meet
at 7:30 P.M. on Thursday, April 21, 1983, in the Reading Memorial High School auditorium.
Meeting adjourned at 10:15 P. M.
128 Town Meeting members were present.
A true copy. Attest:
Lawrence Drew
Town Clerk