HomeMy WebLinkAbout1983-11-28 Adjourned Subsequent Town Meeting MinutesADJOURNED SESSION SUBSEQUENT TOWN MEETING
Reading Memorial High School Auditorium November 28, 1983
The meeting was called to order by the Moderator, John W. Faria, at 7:30 P.M., there
being a quorum present.
The Invocation was given by the Rev. Paul E. Barnes of the First Congregational
Church, followed by the Pledge of Allegiance to the Flag.
ARTICLE 31. On motion of John H. Russell it was voted to take Article 31 from the
table.
ARTICLE 31. On motion of John H. Russell as amended by William C. Brown it was
voted that the sum of Ten Thousand Dollars ($10,000) be transferred from free cash and
appropriated to the Building Maintenance Department for the purpose of providing
additional temporary municipal office space in the Old Library building, Lowell St., by
making the necessary repairs and modifications to the Old Library building and to fund the
costs of moving Town departments into said building.
69 voted in the affirmative
41 voted in the negative
ARTICLE 31. John H. Russell moved that the Town vote to establish a Municipal
Space Building Committee of seven members to be appointed by the Board of Selectmen.
Said Committee shall have at least one member from each of the following: the Board of
Selectmen, the Board of Public Works, and the School Committee. In addition, there shall
be four other members, and a liaison from the Finance Committee. The purpose of said
Committee shall be to do whatever is necessary, including the hiring of engineers and
architects, for producing plans and estimates for the necessary repairs and modifications to
the Old Library Building to provide additional Municipal Office Space, and that the Town
transfer the sum of Thirty Thousand Dollars ($30,000), and appropriate it to said Committee
to carry out said Committee's purpose.
On motion of James J. Sullivan, Jr. it was voted that this Article be indefinitely
postponed.
ARTICLE 32. On motion of John H. Russell it was voted to take up Article 32 out of
order.
ARTICLE 32. On motion of John H. Russell it was voted that the sum of Three
Thousand Dollars ($3,000) be transferred from free cash, and appropriated to the Building
Maintenance Department for the purpose of providing maintenance to the Old Library
building, Lowell Street.
ARTICLE 13. On motion of John H. Russell it was voted that the Town amend
Article VI, Section 1. of the By -Laws of the Town of Reading by deleting Section 1. in its
entirety and substituting therefor the following as Section 1., which amendment to Article
VI shall take effect thirty (30) days after the by -law has been approved by the Attorney
General acting pursuant to Masachusetts General Laws, Chapter 40, Section 32 or thirty (30)
days after the by -law is deemed effective pursuant to G.L. c.40, s 32 by reason of the
failure of the Attorney General to seasonably act upon a request for the approval of said by-
law, provided in either instance that the other prerequisites for the effectiveness of a by-
law set forth in G.L. c.40, s 32 have been complied with:
"Section 1. There shall be a Law Committee consisting of five members appointed
by the Board of Selectmen. The composition of the Law Committee shall be as follows: one
member shall be a member of the Board of Selectmen and shall be appointed for a term of
one to three years; two members shall be members of any elected Town Board or
Committee and each shall be appointed for a term of one to three years; and two members
shall be citizens of the Town and each shall be appointed for a term of three years, provided
that no Town Board or Committee shall have more than one member on the Law Committee.
The Law Committee shall annually elect one of its members to serve as Chairman of the
Law Committee. The Law Committee shall hereafter annually on or before the first day of
June, and whenever a vacancy shall exist, choose a competent lawyer or law firm to act as
Town Counsel, but only after the Law Committee has consulted with or solicited input on
the selection of Town Counsel from all elected Town Boards and Committees. The term of
office of said Town Counsel shall begin on the first day of July or the date of his selection
by the Law Committee and shall continue until the following thirtieth day of June or until
his successor is appointed. The Town Counsel shall serve at the pleasure of the Law
Committee."
M
5
T H E
os:AnwG MUNICIPAL s�AcEpszuVI
E
N O V EMBER, 1 9 8
COMMITTEE
Chairman:
Maureen O'Brien
Bd of Selectmen
Vjce Chairman:
Stanley Nissen
School Committee
MEMBERS
Members:
Douglass Barker
Bd of Public Works
William Brown
Citizen
Finance Committee Liai
Philip Pacino
t
os:AnwG MUNICIPAL s�AcEpszuVI
E
N O V EMBER, 1 9 8
COMMITTEE
Chairman:
Maureen O'Brien
Bd of Selectmen
Vjce Chairman:
Stanley Nissen
School Committee
MEMBERS
Members:
Douglass Barker
Bd of Public Works
William Brown
Citizen
Finance Committee Liai
Philip Pacino
FINAL REPORT
OF
1983 MUNICIPAL SPACE STUDY =D1ITTEE
E.
'ACKNOWLEDGEMENTS
ul
The Committee gratefully acknowledges the support-and generous assistance
offered
by all the Town's Departments. However, the Committee is especially
grateful
to:
v
The Reading School Committee and in particular Dr. Robert S.
Wells for his assis*tance and cooperation.
e
Alan B. McMahon, Reading Fire Department, for offering his
skills in photography.
9
Lt. Col. Lawrence A. Willwerth, Army Corp. of Engineers and
Reading resident, for his structural evaluation of the
buildings.
o
Officer Joseph R. Veno, Reading:Police Department, for the
analysis of traffic and safety issue..
The Selectmen's Office, especially to Carole Giglio and Frances
Hubbard, for their patience and typing efforts.
Board of Public Works for assistance in traffic data and
research of Building Plans.
0
Janis Colleen for the design of the report cover.
ul
N
SUMMARY
THE PROBLEM .
The Reading Town Government has outgrown its present Town Hall location at
16 Lowell Street. Town Departments are now housed in three separate locations
and records are stored in many others. Meeting Space is inadequate. The present
situation has promoted, for decades, the inefficient use of buildings, poor
storage of legal and historical records and less than adequate working conditions
for its employees. This situation in turn has not promoted efficient and
economical Town Government.
THE CONSTRAINTS
Town requirements for space including storage, meetings and all departments
.approximately 24,000 square feet.
Town Hall and Library buildings total 13,000 square feet.
The present Town Hall site is not large enough to construct an addition of
10,000 square feet and provide enough parking so as not to impact the
local businesses.
The constraints of Proposition 211 precludes extensive reconstruction and
new construction.
THE ASSUMPTIONS
Consolidation of Town Government, if possible, was desirable.
Operating costs of Town Government should be minimized while providing
minimum service.
Adequate space for Town Departments should be provided within the Town's
ability to pay.
The Town would not exercise its right to eminent domain takings.
THE ISSUES
The need for space - The situation speaks for itself.
Location of Town Hall on the Common - An emotional issue which Town Meeting
members must answer for themselves. However, the Committee asks whether
the Library's move from the center of Town did not have the greater impact,
since it separated the young people from the Center. Yet that move was
accepted and even applauded. Ultimately the question of location will
have to be settled by Town Meeting on the facts available.
Traffic in the Pearl Street School Area - Surveys in the area show the
roadway adequate for two way traffic with on street parking. However, that
site can accomodate its parking requirements. Other traffic control
mechanisms are already being implemented.
Other alternatives - Many suggestions have been received which some Departments
location in the Town Center. However, all must
-elsewhere and increase the initial capital outlay and long term operating.
costs*.
.ALTERNATIVES
Alternatives considered are the following: (Further details.-can be found
€
Ei-I in Section 4.0)
A. Do Nothing
B. Community Center as a Town Hall
C. Library/Town Hall without Connector
D. Library/Town Hall with Connector
E. Library/Town Hall with Addition
I F. Pearl Street School Conversion
I
.::Alternative Articles — Article 31 has been worded in such a way that it can be
amended to change the alternative of choice if desired.
CONCLUSIONS
i
Pearl Street School Conversion is the most reasonable alternative to polve long
term municipal space needs.
The Town Hall /Library Complex is inadequate for the long term but could be used
on an interim basis until the Pearl Street Conversion is completed.
Community Center should be sold after deed restrictions are removed, and title
transfer and zoning issues are resolved.
Once the Conversion is completed, the Town Hall and Library should either be
leased on a long term basis or sold with deed restrictions.
` building committee should be established and funded to initiate the conversion
of the Pearl Street School to a Town Hall. .
Table of Contents
Origin of Committee
1.0 Introduction
2.0 Inventory.of Existing Conditions
2.1 Location of Departments
2.2 Space Usage
2.3 Condition of Existing Buildings
s
S
6i
E `
3.0 Summary of Projected Needs
s
3.1 Criteria for Determining Office Space Needs
3.2 Projected Office Space Needs
3.3 Available Space in Each Building
i
E
4:0 Description of Potential Alternatives
i
s
j 5.0 Recommendation
v
5.1 Supporting Documentation
5.2 Funding Alternatives
5.3 Alternative Uses for Town Hall and Library
i.
6.0 Closing Thoughts
r
i
Appendices
A. Architectural Barriers Board -Rules and Regulations
B. Building Survey August 1983
{ C. Report of Police Safety Officer
C
Page
1
4
4
6
7
7
8
9
10
14
14
16
16
11
12
13
I
ORIGIN OF CO,%]MITTEE
The Committee was formed as a result of a motion of Gerald P. Fiore
under Article 20 of the 1983 Annual Town Meeting which "authorized the
moderator to appoint a town -aide Space Committee., Said Committee should
consist of one representative each from the Board of Selectmen, School
Committee and the Board of Public Works with a liaison from the Finance
Committee. Said Committee to present its action plan to the Fall Town
Meeting.
1.0 INTRODUCTION
The Town of Reading has been wrestling with Municipal Office Space
problem since at least 1936 when the Selectmen wrote in the Town Report
of that year.....
.... "As can be observed the Town is cramped
for space and it is probable that in
the not too distant future a new
building or an annex to our present
municipal building will have to be
constructed...."
Study:
Recommended Alternative:
Town Meeting'Action:
Study:
Recommended Alternative:
Town Meeting Action:
1979 Municipal Space Study.
Rehabilitate Community Center
as Town Hall.
Not accepted. It was deemed
too costly at $1.7 million.
1982 Feasibility Study - One
1982 Feasibility Study - Two
One: Convert present Library
Building to an extension of Town
Hall with a connecting addition
between buildings. Two: Convert
Library only.
Not accepted. It was deemed too
costly at $390,000 for the Library
conversion only and $1.3 million
for the Complex.
Since that time, attempts
to address the Town's space problems have been
made almost annually. It
would seem that every conceivable alternative has
been studied and rejected
by Town Meeting. Some of the results of past
•
space committee efforts,
their recommendations and Town Meeting action are
described below:
Study:
Recommended Alternative:-
1964 Report of Space Committee.
Construction of new Municipal
Building, model Old Library
Building and Town Hall for
•
Municipal Office Space with
connector.
Town Meeting Action:.
Not accepted. It would have
involved eminent domain land
takings of nearby private
property.
Study:
Recommended Alternative:
Town Meeting'Action:
Study:
Recommended Alternative:
Town Meeting Action:
1979 Municipal Space Study.
Rehabilitate Community Center
as Town Hall.
Not accepted. It was deemed
too costly at $1.7 million.
1982 Feasibility Study - One
1982 Feasibility Study - Two
One: Convert present Library
Building to an extension of Town
Hall with a connecting addition
between buildings. Two: Convert
Library only.
Not accepted. It was deemed too
costly at $390,000 for the Library
conversion only and $1.3 million
for the Complex.
• The focus of previous studies had been to address primarily the question
of Library expansion and the disposition of the Community Center. The
provision of adequate municipal office space was treated almost as a secondary
issue. The year 1983, however, saw the resolution of*the Library issue with
the remodeling of the Highland School for a new Town Library..
With the library question'answered, Town Government finally could address
the single issue of municipal space needs. Therefore,-using the Town Meeting
motion and the previous studies as its basis, the Committee undertook its
mandate seriously, beginning its work in late June, 1983 and -by August 1, 1983
had narrowed its scopa of work to four buildings: The Community Center, Town
Hall, the old Library Building and the Pearl Street School. The Committee's
objectives were identified as being:
o To seek the most practical, efficient and cost (including
manpower) effective alternative by which a realistic long
term solution to Reading's Municipal space needs could be
provided.
o To develop a short term solution if needed and
o To make any preparations necessary for the final disposition
of those buildings found unnecessary or unworkable for
Reading's municipal space needs.
Initially the Committee set out to define its scope of study and
decided on two criteria:
a. To restrict the study to buildings currently in Town Ownership.
(Although land and /or buildings in private ownership were
available, the cost of purchasing such land and /or building
anew was deemed prohibitive and unnecessary)
b. To limit the study to municipal office space. (Separate
studies should be conducted for Fire, Public Works Maintenance
Garage and School Population /Classroom space issues since these,
like the Library and Police Station, are unique operations) .
As the next step, the Committee collected all pertinent data and
analyzed it. Past studies were reviewed from both informational and
historical - points of view. -The Committee needed to know what alternatives
had been presented to the Town Meeting, the costs and advantages of those
alternatives and how each was treated.
Past surveys were reviewed and compared to a more recent one conducted
prior and during the early stages of the Committee's work._ Operational costs
of the four buildings were investigated and analyzed.
It was very apparent from the outset that the Architectural Barriers Law
would impact all alternatives, so Town Counsel's assistance was.sought early
on to investigate the ramifications of this law and to, ascertain if it would
be possible to meet its requirements and remain within the confines of
Proposition 231. (See Appendix A) The committee found that generally the
Town could complete up to $50,000 worth of renovations on one building every
two years and that that work had to meet the standards of the Architectural
Barriers Law. If renovations exceeded the limit, the entire building had to
be brought up to Code standards. Needless to say this consideration was
factored into the Committee's recommendations.
The Committee toured :the.four buildings with the Building Inspector
in August and received the able assistance of Lt. Col: USAR Lawrence
Willwerth of the Army Corp. of Engineers, a Reading resident who conducted
a functional survey of the buildings. (See Appendix B) By late August,
with the investigative part of the study completed, the Committee next
determined what its recommendation should be. Finally, the Police Department
conducted a safety review of the Pearl Street School area (Appendix C) and a
traffic study was conducted in the Pearl Street School area and the Town Hall
parking lot in late.October.
The following sections of this report identifies the Committee's
recommendation and explains the documentation supporting them.
511",
]�i
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- 4 -
-2.0 INVENTORY OF EXISTING CONDITIONS
As part of its analysis of town space needs, the Committee combined
information obtained from each town department with its own members'
knowledge to develop a summary of existing space usage. The Committee also
examined the current state of the Old Library, the Town Hall, the Community
Center and the Pearl Street School.
2.1 LOCATION' OF DEPARTMENTS
The following departments occupy office space in the Town Hall: Board
of Selectmen, Personnel Board, Town Accountant, Retirement Board, Board of
Assessors, Town Collector, Treasurer, Data Processing, Town Clerk, Board of
Registrars and Public Works.
The following departments occupy office space in the Community Center:
Building Maintenance, Conservation Commission, Building Inspector's Office,
Civil Defense, Veteran's Services, Council on.Aging & Senior Citizens Drop -In
Center, Cemetery Trustees, Board of Health, Planning Board and Historical
Commission.
Some departments use storage space in the Police Annex, Town Hall attic,
Community Center and Bear Hill Nike Site. The School Administration is
located in leased space on Gould Street.
2.2 SPACE USAGE
Space usage for each town department is described below.
Board of Selectmen /Personnel Board: Employ 5 people in shared space.
The office is located in the Town Hall Basement and on the first floor. The
Basement area is used as the public meeting room and includes file cabinets
for the Selectmen's personal storage. Storage areas are used in both the
Community Center and Police Annex. The Selectmen meet at least once per
week in the public meeting room which also serves as the Town Hall employees
lu .nch room. Total space used is estimated at 1316 square feet which includes
3 rooms in addition to the meeting room.
Town Accountant /Retirement Board: Employs 3 people in 2.rooms, totalling
1200 square feet. In addition, storage is used in the Police Annex, the vault
and under the stairs in Town Hall. Conditions are cramped and the office
(located in the Town Hall Basement) is frequently cold.
The Retirement Board employs an additional 1'ls people in the same place.
They also use space in the vault.
Board of Assessors: Operates on the first floor of Town Hall in 512
square feet. Approximately 400 square feet of the space is taken up by desks,
files, etc. Storage is in the Police Annex. The Assessors feel that their
current space is much too tight, providing no privacy for meetings with
individual taxpayers. Storage area is also insufficient. Four employees
work in the office.
Building Maintenance:
boiler room) for supplies.
area serves as a shop and
Community Center provides
has 160 square feet.
Has a small area in each building (usually in the
In the Community Center, an 1,855 square foot
storage area. Another 324 square feet in the
locked storage. The office at the Community Center
-5 -'
Town Collector: Occupies 529 square feet in the Town Hall for 4
employees. The Collector also uses part of the town vault as well as
storage in the Town Hall Basement and Police Annex. The Collector finds
his counter space inadequate and the working area insufficient at times
of billing.
Town Treasurer: Uses 368.square feet for 5 employees in the Town
Hall Basement. Cancelled checks and payroll records are stored under
the stairs. The space is crowded and congested.
. Data Processing: The computer room is located on the second floor
of Town Hall - 200 square feet used is deemed tight but adequate.
The room is wired, air - conditioned and set up with heavy.equipment.
Computer modems and phone lines are needed to allow communication with
the School Department.
Town Clerk /Board of Registrars: The Town Clerk is presently using
1,022 square feet. Roughly half of this is in the room on the first
floor of Town Hall. An additional 300 square feet in the Community
Center and 100.square feet in the hallway of Town Hall is used for
storage. Also, 100 square feet is used in the Town Hall Basement.. The
Town Clerk considers the present space to be totally inadequate, causing
severe impact upon the activities of his office.
Board of Public Works: Presently uses 2,210 square ' feet -of space on
the second floor of Town Hall. This area includes the Superintendent's
Office, Assistant Superintendent of Operations, the Engineering Division,
Secretaries Office, the Board room and a walk -in safe. An additional
200 square feet in the Town Hall attic are used for storage.
The individual working space is very limited and there are complaints
of poor acoustics, poor heating and poor ventilation.
Planning Board /Historical Commission: Currently occupies 570 square
feet in the Community Center. One employee uses this space which is
shared with a volunteer working for the Historical Commission. Also
sharing the same space is the Industrial Development Commission.
Building Inspector: Located on the first floor of the Community
Center, one person is employed in the 750 square foot area. Additional
storage is used in the Police Annex and Town Hall attic. The Building
Inspector uses only half the room with the other half being used for
evening meetings by various Town Boards and Committees.
The Building Inspector is still waiting for his office to be given
permanent walls as was promised when he moved in the Community Center
from the Town Hall.
Conservation Commission: Uses 450 square feet in the Community
Center for 2 employees. Storage space is used at the D.P.W. garage. The
space is adequate, although it is too small for public meetings.
Board of Health: Uses facilities at the Community Center totalling
496 square feet for 2 full time and 2 part time employees. The Board of
Health complains of lack of privacy and shortage of space for daily
meetings as well as lack of handicapped access.
911,
- 6 -
Civil Defense: Is presently located in the basement of the
Community Center (a requirement to meet minimum fallout specifications).
It employs 1 part time person and has several volunteers. The total
area used is 730 square feet.
Veteran's Benefits: Is located in 432 square feet in the Community
Center. It is required by statute that a private office be available.
Two employees use the space.
Council on Aging: Occupies 448 square feet in the Community
Center. It employs 2 persons plus a Meal Site Hostess, a Friendly
Visitor Coordinator, an Outreach Worker, a Meals on Wheels and Van
Driver also using the office at various times. The Council feels
overcrowded and complains of lack of privacy.
Cemetery Trustees: Employs 2 employees in 288 square feet in the
Community Center. The space is too cramped. It is cold in winter and
hard to open the windows in summer. The Cemetery Department feels a
need to be closer to the Town Hall departments.
School Department: The School Administration currently occupies
2,600 square feet in leased space on Gould Street. This space is
currently costing approximately $10,000 per year for rent. There is no
problem with the current space, although the School Department would
prefer to be located with other Town Departments.
2.3 CONDITIONS OF EXISTING BUILDINGS
The condition of the four buildings being considered were examined
by Lt. Col. Willwerth with respect to the electrical, plumbing, heating
and structural adequacy of each building. Accompanying him were the
Building Inspector and the respective building custodians.
The Community Center: Built in 1900. It is currently in poor
condition. Its electrical, plumbing and heating systems need to be
upgraded. There is a shortage of bathroom facilities in the building. -.
The roof is slate and will need complete repair in the not too distant
future. The building has no insulation and would need storm windows.
The third floor needs windows and all utilities. Handicapped access is
limited to the basement level only. The parking facilities are limited.
The Town Hall: Built in 1918 and is in good repair. It does
require electrical work and has a shortage of bathrooms. The Town Hall
does not provide access for handicapped persons. Parking is limited.
The Old Library: Also built in 1918 and is in good repair. It
will require electrical upgrading and significantly more outlets. The
current book stacks are part of the building's structural support.
Replacement beams would be needed under each floor. Presently there is
no handicapped access. Parking is limited.
The Pearl Street School: The most modern of the four buildings
j having been built in 1939. It is in excellent repair. It will require
electrical upgrading and more outlets. It is easily modified for full
handicapped access to all floors. There is ample parking available.
The Pearl Street School is fully wired into the Cable T. V. residential
loop with a separate outlet in each room and has the potential for live
- 7 -
T. 0' SUMMARY OF PROJECTED NEEDS
The Committee, wishing to build on data collected from recent study
efforts, 'reviewed questionaires filled out by each department for both
the Henry Higgott Study of the Spring of 1982 and the Selectmen's Office.
Additional information was sought where needed.
3.1 CRITERIA FOR DETERMINING OFFICE SPACE NEEDS
Each department's current space use (Section 2.0) and their own
projected need was identified. (Table 1) Matched against these were
the committee's own recommendations for office, vault-file and general
equipment storage space. The Committee used generally accepted standards
as a Criteria for projecting space recommendations, and certain assumptions.
These were:
200 square feet office space for administrators.
120 square feet office space for technical staff.
65 square feet for clerical staff and an
additional 10% of each departments total space
'for passageways between staff areas.
Other assumptions were:
e One file cabinet per staff member would be stored in
each Department. Additional file cabinets would be
housed in a central file storage area-
o Computer stations, for those departments having them,
Wuusa require the same amount of space as a clerical
staff member.
e Meeting Space needs were calculated separately from
office space needs. It was assumed that generally
meeting space would be shared between departments
and located outside of individual department areas.
!� Additional storage would be provided for extraordinary
departmental equipment (i.e. voting machines).
u Additional vault storbgenstructede
Central Storage Area y either newly o
vaults, fire proof cabinets or other means as
recommended by an architect.
3.2 PROJECTED SPACE NEEDS
Generally, the Committee's recommended total projection for office
space matched - closely the requested space by each department. The
following figures include projected as f
asfol follows:
equipment. Th
i
J-1,
-TABLE I
Department Space Needs
* Includes meeting space.
3.3 AVAILABLE SPACE IN EACH BUILDING UNDER STUDY
PROJECTED
1200 "
600
210
1000
700
200"
600
200
900
2700
150
70
300
600
600
800
.ZOO
400
350
2600
1000
1500
2000
2500
1600
800
23,790
Of the three sites being considered in this study, two, the Community
Center and Pearl Street School, would be adequate with renovations to
house all departments in one central location.
construction ,Town Hall /Library
Complex would require both. renovation and new
CURRENT
Selectmen /Personnel
1316* .
1200
Town Accountant
(w /Town Accountant)
Retirement Board
512
Bd. of Assessors
529
Town Collector
200
Bldg. Maintenance
368
Treasurer
200 -
Data Processing
1022*
Town Clerk /Bd. of Registrars
Public Works
2210
570*
Planning Board
Historical Commission
(w/Planning
Conservation Commission
n50 *d•)
Bldg. Inspector's Office
750
400
• Civil Defense
496
Board of Health
432
Veteran's Services
448
Council on Aging
288
Cemetery Trustees
2584*
School Committee
500 (Approx.)
Vault
0
Central File Storage
0
General Storage
2500
Meeting Space- Auditorium
@ 400 sq- ft.Ca. 1600
Large mtg.rms.
Small mtg.rms.
@ 200 sq. ft. 500
19,375
Total
* Includes meeting space.
3.3 AVAILABLE SPACE IN EACH BUILDING UNDER STUDY
PROJECTED
1200 "
600
210
1000
700
200"
600
200
900
2700
150
70
300
600
600
800
.ZOO
400
350
2600
1000
1500
2000
2500
1600
800
23,790
Of the three sites being considered in this study, two, the Community
Center and Pearl Street School, would be adequate with renovations to
house all departments in one central location.
construction ,Town Hall /Library
Complex would require both. renovation and new
TABLE II
Building Size Comparisons
Town Hall
6,222
square
feet
Library
6,785
square
feet
Community Center
26,100
square
feet
Pearl Street School
28,500
square
feet
4.0 DESCRIPTION OF POTENTIAL ALTERNATIVES .
Of the eighteen potential alternatives with the four buildings
under consideration, the six most visable alternatives are offered
for evaluation. Every conceivable pro and con is not identified
here but enough information is hopefully offered so that those who
must make the final decision can do so knowledgably.
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the Municipal Space Committee has .
After four months of careful conversion ion of the Pearl Street School to
i
avers term.
come to the conclusion that
the co on t
a new Town Hall is the only alte eamunic pal spacerdeficienciescwhich have e which
solution at reasonable cost to the ears.
continually plagued Town Government over the last fifty y
The Committee, therefore, respectfully recommends to Town M ••
eeting.•
p That the Pearl Street School-be converted into a new
Hall
consolidated Town
�
Retain the athletic facilities at the Pearl Street School*
in a manner compatible with safety
That a Municipal Space Building Commi•ttae be eplansl ndd
ro riated to furnish design
and $35,000 be app P Article 27
architectural drawings for the conversion -
• That the transfer of the Community Center property from.
l Committee to the Board of Selectmen be
the Schoo 28
accomplished - Arti
slegal
That the Town take whatever sociated with c the a Community
remove the deed restriction a
Center - Article 29
0
That the Community Center be sold
sible after July 1, 1983f-
to the Town and as soon as pos
Article 30
That the Planning Board place a Zoning Article on the 1984
Annual Town Meeting Warrant would
ter building t st
and
optimum reuse of the Community
That the Town determine, during the period of the Pearl
if there is any concrete _ need
Street School remodeling, buildings for Town Use and,
forAhe Town Hall and Library
if�not
That -the Board of Selectmen seek and evaluate bid proposals
� private enterprise and if
for the long term leased use by p
not acceptable
That the Board of Selectmen seek and evaluate bid proposals
• buildings and land for the sale
of the Town Hall and Library
either singularly or together with carefnof both dee
restrictions to protect the exterior app earance
buildings and their frontage on the Common and
That a recommended proposal be brought to Town Meeting for
% action. (This is the preferred recommendation as it puts
both buildings on the tax role)
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5,1 SUPPORTING DOCUMENTATION .
The Committee is unanimous in its selection of the Pearl Street
site for - Reading's new Town Hall. This alternative offers many
features not available in the others such as the:
s Consolidation of all Town Government under. one roof -
Presently located in three (3) buildings - Town Hall,
Community Center and Gould Street.
o Intregation of the school administration into central
Town Hall for the first time in recent memory.
• Provision of sufficient space for presently overcrowded
offices.
dt Provision for several meeting rooms including a 250 seat
auditorium, in one building thus saving on energy costs.
a Subdivision of a large cafeteria into several rooms with
moveable partitions. It's adjacent kitchen can assist
with the Meals on Wheels Program and the congregate meal
center and also be used for a variety of other purposes.
a Use of two existing portable classrooms for the Senior
Citizens Center.
p Provision of ample off- street parking for employees and
visitors while retaining all of the existing playing fields.
• O Conversion for handicapped accessibility is easily made.
It has an elevator shaft that can be converted to a
passenger elevator and a rear entrance that can be ramped.
p Excellent present condition making it financially practical
for conversion into municipal office space.
et Conversion of the gym into a central files /archives facility
and other required storage materials.
Existence of wiring for Cable T.V. which can provide a security
monitoring system and live broadcasts from the auditorium. In
addition, an intercom system is already in place.
s Opportunity for tax sav:Lugs in many areas such as maintenance
of one rather than three buildings, clerical staff pooling
and consolidation of Department facilities.
5.2 . FUNDING ALTERNATIVES
The funding of the project can be accomplished in several ways.
The First Alternative would be to fund the entire project out of the
tax levy. This would get the project funded but might possibly, under the
constraints of Prop 211 force cutbacks in other areas of the budget. If this
alternative were selected the best strategy would be to fund the project in
small amounts each year so as to possibly avoid cutbacks. However, by
funding the project in small amounts each year, the completion date would be
pushed back in time thus raising the cost of the total project by future
escalating factors of construction.
i
r
-15--
The Second Alternative would be to fund the entire project out of a
bond issue of the Town. The advantages of this alternative is that the
money needed for the project will be raised upfront through the sale of
the bond, while the Town's cost of the project would be spread out over a
number of years through the periodic payback of a portion of the bond.
The disadvantage of this alternative is that the cost of the project will
increase by the cost of the bond issue. The cost of the bond issue would
be the interest and any registration, filing or administrative fees due.
A side benefit of this alternative would be that any - proceeds of sale of
"excess buildings" could be put into a stabilization fund or offset
against the current tax levy.
The Third Alternative would be to apply the stabilization fund
against the total project. The advantage of this alternative would be to
supply the funds needed for the project without any additional project costs
to the Town and without effect on the tax levy. However, the flexibility
afforded by future use of the'stabilization fund for tax levy purposes
would be lost.
The Fourth. Alternative would be sell all "excess buildings" and apply
the proceeds of sale toward the entire cost of the project. "Excess
buildings" would be Town buildings which the Town deems to have no further
use for Town purposes. The advantages of this alternative would be the same
as detailed under the third alternative. The problem with this alternative
would be the possibility that proceeds of sale would not equal the total
cost of the project thus forcing the remainder of the cost to be funded
from one of the other alternatives detailed herein.
The Fifth Alternative would be the use of an outside investment
vehicle. The outside investment vehicle would be where the Town sells the
property to an outside interest under the provision that the Town will lease
the property back for a set number of years and have an option to buy the
property back from the outside interest thereafter.
This alternative would allow the Town the opportunity of an overall
reduction of the total cost of the project and eliminate the need to make
substantial upfront payments to renovate the building.
However, at the time of the writing of this report, Congress is
considering legislation that would end or curtail the above tax benefits
available to individual investors, thus possibly restricting this as a
viable alternative. The State Legislature is also seeking action to
preclude the use of this alternative.
The Sixth Alternative would be to apply presently encumbered funds not
spent toward the project cost. However, the total. of these available funds
does not equal the total cost of the project. The remainder of the project
would need to be funded from one of other alternatives detailed herein.
The final funding method would be to use a combination of two or more
of the above alternatives. A good example of this method would be funding
of a portion of the project -thru the sale of "excess buildings" with the
remainder to be funded from one of the other alternatives.
0
-16 -.
The committee, if this project is approved, recommends that the Finance
Committee, together with all appropriate Town Officers such as the Town
Treasurer.and Town Accountant, evaluate the funding alternatives and recommend
the funding vehicle most appropriate. Needless to say.-if state or federal
funds become available during the life of the project, they should be sought.
5.3 ALTERNATIVE USES FOR TOWN HALL AND LIBRARY
If Town meeting approves the Pearl Street Plan, two very important Town
Buildings would be vacated within three years - the present Town Hall and
Library. What happens to these buildings is crucial. -
Due to the amount of time this Committee had to resolve and recommend
what it feels is an excellent plan to relocate Town Government, the Committee
chose not to become speculative in what specific uses might be acceptable.
Rather, it recommends three steps by which reuse alternatives, compatible to
the Town Common environs might be sought.
The Committee feel there are many options for the reuse of these
buildings provided, if sold, the sale includes deed restrictions protecting
the exterior appearance of the buildings. Many suggestions for reuse have
been made to the Committee which include a bank, insurance company, law firm,
computing firm and even a new office for the Municipal Light Department. The
list of buildings that have been successfully reused is legion.
The Committee recommends that during the time of remodelling of the Pearl
_ Street School for Town Office use and after determining that no concrete need
for Town use has been- identified at that time,the Board of Selectmen, with
Town Meeting's approval, advertise for bid proposals for the reuse of the
Library /Town Hall complex either singularly or together.
The Committee cannot stress strongly enough that these buildings should
never be allowed to be vacant, boarded up or partially used with the idea that
at some future point in time may be needed by the Town. If this cannot be
determined over the next-:three years,for the good of the Town, place the
buildings in the private sector with proper deed restrictions.
6.0 CLOSING THOUGHTS
Your Committee has tried, in the five months it has been at work, to study
all available information, investigate any appropriate possibilities and listen.
to input from many sources. We believe the Plan presented is the most practical
one for the Town.
A P P E N D I X
1
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4 1
Appendix A
TYLER & REYNOLDS
PROFESSIONAL CORPORATION
COUNSELLORS AT LAW
ONE BOSTON PLACE
BOSTON, MASSACHUSETTS 02108
TELEPHONE 617,323 -6330
July 20, 1983
Ms. Maureen T. O'Brien
c/o Central Transportation
Planning Staff
27 School Street
2nd Floor
Boston, MA
Re: Architectural Barriers Board - Rules and Regulations
Dear Maureen:
Enclosed is a copy of the presently effective Rules
and Regulations of the Architectural Barriers Board which
are located in 521 Code of Massachusetts Regulations (the
"Regulations")
With regard to the proposed use of the present Town
Library asIan adjunct to Reading Town Hall, I call to
your attention Sections 3.3. and 3.4 which relate to the
formula to use to determine to what extent the Regulations
apply, and Section 3.5 relates to how the Regulations
apply to time - phased performance of the work. In addition,
you should review Sections 5.4, 5.8, 5.17 and 5.18 which
define "Alteration "Construction ", "Reconstruction",
and "Remodeling ", respectively. Further I call to your
attention Section 4.5 which provides for the issuance
of advisory opinions concerning the interpretation or
applicability of the Regulations.
In determining the extent to which the Regulations
apply, an initial determination must be made as to the
100% equalized assessed value of the building. The Board
1i
.T1 LER & REYNOLDS _2_ Ms. Maureen T. O'Brien
- ►Ap /CSSIONwL cosvrom^vlom
of Assessors should be able to provide you with that
figure using the•formula set forth in Section 5.10. Once
the 100% equalized assessed value of the building is
determined, we can then work backwards to determine what
portion of Regulations apply to the work proposed to be
done given different proposed valuations of the work. .
It might also make sense at some point for the Town
to request an advisory,opinion from the Architectural
Barriers Board which would remove any question as to
whether the Town would be in compliance with the
Regulations. In the absence.of seeking an advisory
opinion I can attempt to provide you with my opinion as
to what portion of the Regulations apply; however, my
opinion would not have the force of an advisory opinion
which can be relied upon. As an alternative to a written
request for an advisory opinion, the Town can request
a meeting with the Architectural Barriers Board which
will render an advisory opinion after such a meeting.
For your further consideration, the formulas in
Section 3.3 are based upon the estimated cost of
construction, etc., as set forth on the Building Permit
application. However, equipment and furnishings placed
in the building are not included in this calculation nor
are the costs of installing telephone and computer lines,
provided such costs are not listed on the Building Permit
application. 1 •
I will await hearing from you with regard to any
.further questions or comments you may have with - regard
to this matter.
HTC /pap
Enclosure
DELIVER
Very truly yours,
H Theodore Cohen
3 SU1l...D1NSS% U10 QcR + JUR1SX71CTlON
3.1 All construction, reco- nstruction, alteration, remodeling and changes of
use of public buildings or other facilities open to the public shall
conform to these Regulations.
3.2 The performance of any work which is governed by Section 21 (Curb
Cuts) of these Regulations shall be considered construction and,
therefore, -must fully comply with these Regulations, except that Sec-
tion 3.3 shall not apply. .
3.3 The following formula shall apply and govern all construction (except
construction of curb cuts under Section 21 of these Regulations),
.reconstruction and changes of use as defined in these Regulations:
A. If the work being performed amounts to less than twenty -five
percent (250) of the one - hundred percent (100 %) equalized
assessed value of the building, and
�k- 1. the cost of the work is less than SS only that portion of
the work being performed shall comp {y with these Regulations;
2. the cost of the work is $50,000 or more, then that portion of
the work being performed shall comply with these Regulations,
and an accessible entrance and toilet usable by a person in a
wheelchair also shalt be provided.
B. If the work being performed amounts to more than twenty -five
percent (250) of the one - hundred percent (1000) equalized
:assessed value of the building, the entire facility shall comply with
these Regulations.
3.4 The formula contained in Regulation 3.3 also shall apply to all re-
modeling and alteration as defined in these Regulations, provided that
the work being performed amounJ3 to More than five percent (Sol of
the one- hundred percent (1000) equalized assessed value of the build-
ing, or a building permit is needed, or work is determined to be an
alteration y a state or local boil Ong inspector.
3.5 When the work performed on a building . is divided into separate phases
r projects or under separate building permits, the total cost of such
��"'`��.,M1� work in any twenty,-four 24 month eriod shall be added together in
N" app ying t e ormula in this Regulation.
r
7
3.6 When a building is occupied by two (2) or more different uses, the
Regulations - applicable to each use shall apply to such parts of the
building within' that use; and if there are conflicting provisions, the
Regulations securing greater accessibility shall apply.
3.7 Buildings owned,. controlled or operated by private clubs are exempt
from these Regulations. (See Section 5.15)
3.8 For registered historical buildings or districts, owned or protected by
the government, the Board may allow alternate accessibility.
®A
111
i
•� r
4.1.2.3 Whether or not the Board acts pursuant to Sections
4.1.2.1 and /or 4.1.2.2, the Board may commence an
adjudicatory hearing against the respondent by issuing
an "order to show cause" in accordance with Standard
Adjudicatory Rules of Practice and Procedure, 801 CMR
1.01 (6)(d). within sixty (60) days;
4.1.2.4 The Board may dismiss a complaint at any time.
4.2 Hearings: All adjudicatory hearings shall be conducted in accordance
with the provisions of Chapter 30A of the General Laws (Administrative
Procedure Act) and the Standard Adjudicatory Rules of Practice and
Procedure, 801 CoMR 1.01, et. seq.
4.3 Reopening Hearing, Motion for Reconsideration:
4.3.1 The Board on its own motion, or on motion of any applicant or
complainant may, at any time before the issuance of a final
decision by the Board, request the reopening of the hearing in
order to receive evidence_ and /or testimony not in the posses-
sion of the applicant or complainant at the time of the hearing
and not reasonably available to him at that time. The request
for reopening shall indicate what new evidence will be pre-
sented.
4.3.2 Notice of a decision by the Board to reopen a hearing in order
to take further testimony or to receive further evidence shall
be given by the Board to all persons who appeared at the
hearing. -
4.3.3 The applicant or complainant may file a motion for reconsidera-
tion, . setting forth the grounds or statutory provision relied
upon -to sustain the motion, within ten (10) days from the date
the final decision is mailed by the Board to the applicant or
complainant.
4.3.4 When an application has been decided without a hearing, the
applicant may request a hearing within thirty (30) days of
receipt of the decision.
4.4 Appeal: Any party aggrieved by a final decision of the Board may
appeal such decision in accordance with the provisions of Section 14 of
Chapter 30A of the General Laws.
4.5 Advisory Opinions: The Board ma issue advisory opinions concerning
the i n or app ica ilit of these Ru es an egulations upon
the written request of an owner, or his i e. Advisory
.. opinions issue y e Board may be relied upon by the persons
regues ieg_tl1em, as well as by any agency, or official of a city, town
or region.
4
8.
j.
s s
n..r4.1a'..�IriavKPa C'n'r",tiwe�.n+sn► �=.' �. 1rJY:.: ra' E` �! 6riFal�.- Y�• 7G1Ni+ J" r�� {R7cw�ry!.�.+= .�••���.n:'rc�c�
5.1 As used in these Regulations, the following words shall have the
meaning set forth in this Section unless the context otherwise re-
quires.
5.2 "ACCESSIBLE ": Safely approached, entered, and /or used by phy-
sically handicapped persons.
5.3 "ACCESSIBLE ROUTE /PATH OF TRAVEL "; A continuous, unob-
structed path connecting all accessible elements and spaces within or
between buildings, facilities or walks, that can be negotiated by a dis-
abled person using a wheelchair, and which also is safe and usable by
people with other disabilities.
5.4 "ALTERATION ": External or internal rehabilitiaton or renovation for
which a buil_c� r rdtls needed or for which the cost of such re-
habilitation or renovation equals or exceeds five percent (5 of the
full a d_fair cash value of the building, or any work determined to be
- _ alteration by a state or local building inspector.
5.5 "BOARD ": ' The "Architectural Barriers Board" within the Massachu-
setts Department of Public Safety.
5.6 "BUILDING ": A structure enclosed within exterior walls or fire walls,
built 'of a combination of any materials, whether portable or fixed, to
form a structure for the shelter of persons, animals or property. The
word "building" shall be construed where the context requires as
though followed by the words "or part or parts thereof."
5.7 "CHANGE OF USE ": Varying the .use of a building from a private use
to one that is open to and used by the public.
5.8 - "CONSTRUCTION ": Work_ for-- which a building permit is regii ed,
work determined to be construction by a state or local building in-
spector, or work for which a certificate of occupancy is necessary
. upon completion. '
5.9 "FINAL DECISION ": Determination of the Board, . arrived at after
consideration of the facts. brought to its attention in accordance with
these Regulations, which determination disposes of the issues before
the Board in the pending action on their merits.
5.10 "FULL AND FAIR CASH VALUE OF THE BUILDING ": The assessed
valuation of the building as recorded in the Assessor's Office of the
municipality as equalized at one - hundred percent (1000) valuation; or,
if no assessed value exists, either the fair market value, or for build-
ings constructed by the Commonwealth or any political subdivision
thereof, the replacement cost of the building.
5.10.1 The one - hundred percent (10096) equalized assessed value shall
be based upon Massachusetts Department of Corporations and
Taxation's most recent determination of the particular city's or
town's assessment ratio.
5•
r
12
5.16.2.3 commercial buildings exceeding two (2) stories in
height in which more than forty (40) persons are
employed
5.16.2.4 buildings having places of assembly with a capacity
of more than one - hundred -fifty (150) persons
5.16.2.5 hotels
5.16.2.6 motels
5.16.2.7 dormitories
5.16.2.8 public parking areas or lots with a capacity of
twenty -five (25) or more automobiles
5.16.2.9 public sidewalks and ways
5.16:2.10 public areas of apartment buildings and condominiums
containing twelve (12) or more units
5.16.2.11 public areas of funeral.homes
5.16.2.12 public •rest rooms and public areas of shop -
ping centers and restaurants
5,17 "RECONSTRUCTION ": Construction work to a building which is ut-
ted so that the shell of the building remains; a so, t e tearing down,
removal, demolition or replacement of a public building or part of a
public building.
5.18 "REMODELING ": Modification beyond an interior decoration or in-
volving any structural change, or the redecorating of a public building
for which the cost of such refurbishing, updating or redecorating
equals or exceeds five percent (5c) of the full and fair cash value of
the building.
5.19 "SIDEWALK ": A prepared walk within a street right of way.
5.20 "TACTILE WARNING ": A surface texture applied to or built into walk-
ing surfaces or other elements to warn visually impaired persons of
hazards in the path of travel.
5;21 "USE ": Purpose for which the building is designed or intended.
5,22 "WALK (WALKWAY) ": An exterior or interior pathway with a prepared
surface intended for pedestrian use, including general pedestrian areas
such as plazas and courts.
5.23 "VARIANCE ": Modification of or substitution for a Rule or Regulation.
8
Appendix -$
READING SPACE COMITTEE TOWN BUILDINGS sLZMARY
PHYSICAL SURVEY CONDUCTED AUGUST, 1983
1. Electrical All building considered will require an
upgraded electrical service, upgraded
electrical panels and wall outlets._
2. Space Pearl St. School offers the most usable
space.
3. Handicapped Pearl St. School offers the minimum work to
Requirements meet these requirements:
(a) Handicapped Ramp feasible in rear.
(b) Elevator Shaft (existing) (currently
used as dumb waiter)
4. Heating Pearl St. School has old boilers with Robert
Shaw Pneumatic Controls - Town Hall and
Library need an upgraded heating control
system.
5. Weather Proofing Both Pearl St. School & Community Center
need exterior insulation windows.
S -2
„ 6.
Roof
Pearl St. School needs new roof soon. Town
Hall & Library Roof in good condition.
Community Center top roof portion will need
work in about 5 years.
7.
Exterior
(a) Pearl St. School - Front Door Aiming.
Construction
(b) Town Hall /Library - Passageway between
Suggested
two buildings.
(c) Community Center - Fire excapes, 3rd
floor windows.
8.
Interior
(a) Town Hall - 3rd floor usable for office
Renovations
space.
Suggested
(b) Library - Book stacks are structural unit
with floor and will need structural
augmentation and re- design for office use.
(c) Pearl St. School - Suspended ceilings, with
flourescent lighting recommended in all
class rooms to cut down heating space -
(central A/C System feasible with roof -top-
type unit)
9.
'Security
The only building that has a vault is the existing
Town Hall. Burglar Alarm System must be considered
in all cases.
10.
Civil Defense
Pearl St. School appears usable for Civil Defense use.
11.
Fire Protection
Sprinkler should be required.
Lawrence A. Willwerth
Lt. Col. En USAR
Senrember - 1983
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• qq�� pp,,,, AppeppndixC
READONG- PO LKE
Re: Pearl Street School area
� b
oArE
Upon checking the Pearl Street School area, I found Pearl Street to be
between twenty -two and twenty -five feet wide, which I feel is wide enough-
to handle traffic flow in two directions.
Because of the possibility of increased traffic, I would suggest a survey
be taken at the present Town Hall, to ascertain how many vehicles enter and leave I
on a typical day. I would also ask the Board of Selectmen to request the DPW
to determine existing stopping sight distances on Pearl Street from Salem Street
to Charles St.
The west side of Pearl Street has a concrete sidewalk the entire length. The
east side of Pearl Street is 75% concrete and the remainder is a gravel sidewalk.
Both sidewalks are set back well enough for pedestrian traffic.
In the event the school is closed, the School Department is in the process
of checking mileage to other schools for school bus routes.
On the school site, I would suggest that the recreation equipment on the
north and south sides of the lot be removed, and the bicycle rack moved from
the south east corner to the area of the ball field. The ball field could stay as
it is, providing the children with a central play area.
Vehicles entering and exiting the area would not have ch04ren on both sides
of the driveway.
Respectfully submitted,
Joseph R. Veno
Safety Officer
1}
Adjourned Subsequent Town Meeting
November 28, 1983
ARTICLE 14. On motion of John H. Russell it was voted to amend Article VI,
Section 3 of the By -Laws of the Town of Reading by deleting Section 3 in its entirety and
substituting therefore the following as Section 3:
"Section 3. The Law Committee shall have the authority to institute, prosecute
and defend through the Town Counsel or any Special Counsel employed by the Law
Committee pursuant to Section 2. of this Article VI 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 or any Special Counsel so employed by the Law Committee shall not make any
final settlement of any litigation to which the Town is a party unless he has 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 ($20,000.00) or less, and it shall further have the
authority to compromise or settle all claims, actions, proceedings and suits arising under
Workmen's Compensation or related disability insurance statutes, involving payment by the
Town of Fifty Thousand Dollars ($50,000.00) 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 ($20,000.00), except for claims, actions, proceedings and suits
arising under Workmen's Compensation or related disability insurance statutes, in which case
a Town Meeting must approve the compromise or settlement of all such matters involving
the payment by the Town of more than Fifty Thousand Dollars ($50,000.00)."
ARTICLE 15. On motion of John H. Russell it was voted to accept the provisions of
Massachusetts General Laws, Chapter 40, Section 13A, relating to the establishment and
maintenance of an insurance fund to pay workmen's compensation.
ARTICLE 16. On motion of John H. Russell it was voted that the sum of One
Hundred Fifty -Six Thousand, Nine Hundred Thirty -Six Dollars and twenty -one cents
($156,936.21) be transferred from the sums appropriated under Article 47, line item 165
Casualty Insurance, of the May 2, 1983 Annual Town Meeting of the Town of Reading, for
the purposes of Workmen's Compensation and related disability insurance matters and
appropriated to the insurance fund to pay Workmen's Compensation to be established by the
Town under the authority of Massachusetts General Laws, Chapter 40, Section 13A.
ARTICLE 17. On motion of Robert I. Nordstrand it was voted that the Town accept
and adopt the provisions of the second and third sentences of the fifth paragraph of Section
1 of Chapter 60A of the General Laws, as inserted by Section 1 of Chapter 597 of the Acts
of 1982.
ARTICLE 18. On motion of Douglass L. Barker it was voted to amend the By -Laws
of the Town of Reading by adopting the following, relating to newsracks, as Article XXXVI
thereof:
"ARTICLE XXXVI
NEWSRACKS
Section 1. The purpose of this By -Law is to protect the Town of Reading and its
inhabitants from the unregulated installation, use or maintenance of newsracks on public
streets, sidewalks and other public properties. The unregulated installation, use or
maintenance of newsracks on public streets, sidewalks and other public properties will result
in obstruction of sidewalks that will interfere with the public's right to unhampered passage
thereon, will create traffic congestion or illegal parking or stopping by motorists in order to
purchase newspapers, periodicals or other printed matter, will damage municipal property
because of the chaining of newsracks to poles, traffic standards or other fixtures, will
interfere with the performance of required municipal services, will create unsightly
conditions and will endanger the safety and welfare of the inhabitants of the Town of
Reading.
Section 2. DEFINITIONS. For the purposes of this By -Law, the following words
and phrases shall have the meanings given herein. When not inconsistent with the context,
words used in the present tense include the future; words in the plural include the singular;
and words in the singular include the plural:
Distributor - any person responsible for the installation, use or maintenance of a
newsrack in or on a public street.
Newsrack - any self - service or coin - operated box, container, storage unit, or other
dispenser installed, used or maintained for the display and sale of newspapers, periodicals or
other printed matter.
Person - any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, or any other legal entity or its
legal representatives, agents, or assigns.
Adjourned Subsequent Town Meeting November 28, 1983
Public Street - the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of vehicular
travel, and it includes any alley or other public property in the Town of Reading.
Roadway - that portion of a public street improved, designed or ordinarily used
for vehicular travel, including the curb or shoulder.
Sidewalk - that portion of a public street between the curblines or lateral lines of
a roadway and the adjacent property lines, intended for use by pedestrians.
Section 3. No person shall install, use or maintain any newsrack which projects
onto, into or over any part of the roadway of any public street.
Section 4. A. No person shall install, use or maintain any newsrack which in
whole or in part rests upon, in or over any sidewalk or other public place when such
installation, use or maintenance endangers the safety of persons or property or when such
site or location is used for public utility purposes, public transportation purposes or
government use or when such newsrack unreasonably interferes with or impedes the flow of
pedestrian or vehicular traffic, the ingress into or egress from any residence, place of
business or any legally parked or stopped vehicle or the use of poles, posts, trees, traffic
signs or signals, hydrants, mailboxes or other objects permitted at or near said location.
B. Any newsrack which in whole or in part rests upon, in or over any
sidewalk or other public place shall comply with the following standards:
(1) No newsrack shall exceed four (4) feet in height, thirty (30) inches in width or
two (2) feet in depth.
(2) No newsrack shall be chained, bolted or otherwise attached to any property
owned or maintained by the Town of Reading.
(3) No newsrack shall be placed, installed, used or maintained:
(a)
Within three (3) feet of any crosswalk.
(b)
Within twenty (20) feet of any fire hydrant.
(c)
Within six hundred (600) feet of any other newsrack distributing the same
newspaper.
(d)
Within five (5) feet of any fire or police call box or other emergency
facility.
(e)
Within five (5) feet of any driveway, public or private.
(f)
Within three (3) feet ahead or fifteen (15) feet to the rear of any
designated bus stop, taxi stand or place marked for handicapped parking.
(g)
Within three (3) feet of any public bench, bus bench or shelter.
(h)
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than five (5) feet.
(i)
Within three (3) feet of any display window of any building abutting the
sidewalk or other public place in such a manner as to impede or interfere
with the reasonable use of such window for display purposes.
(j)
No newsrack shall be used for advertising signs or publicity purposes other
than that which is essential to identify the newspaper, periodical or other
printed matter offered for sale therein. Advertising signs, promotional
decorations, banners and moving signs shall not be permitted on the
newsrack, except as otherwise provided in this sub - section. Neither the
newsrack nor any of the permitted lettering thereon shall employ
reflectorized paint, day -glo, fluorescent or scotchlite reflective materials
or materials of like nature.
(k)
Each newsrack shall be maintained in a clean and neat condition and in
good repair at all times, including snow removal from on the newsrack and
within one (1) foot in all directions around the base or bottom of the
newsrack.
(1)
Every person who places or maintains a newsrack on the public streets of
the Town of Reading shall have his name, address and telephone number
affixed thereon in a place where such information may easily be seen.
(m)
Every person who places or maintains a newsrack on the public streets of
the Town of Reading shall give written notification of the location of any
such newsrack to the Board of Public Works.
Section 5.
The provisions of this By -Law shall also apply to existing newsracks
within the Town
of Reading, except that the distributors thereof shall have thirty (30) days
within which to
comply with the said provisions or within such additional time as may be
allowed in the discretion
of the Board of Public Works.
Section 6.
A. If it should appear that any distributor is violating any provision of
this By -Law, it shall be the duty of the Superintendent of Public Works or his designee to
I�YJ
Adjourned Subsequent Town Meeting November 28, 1983
determine whether or not such a violation has occurred and thereafter to notify the
distributor to correct the violation within three (3) days thereafter. Such notification and
direction shall be in writing; it shall specify the nature of the violation and whether or not it
warrants removal of the newsrack if not corrected withn three (3) days, and it shall direct
correction; it shall be served upon the distributor in hand, or it shall be telephoned to the
distributor at the telephone number designated by the distributor as provided in section
4.8.(3X1) above and confirmed in a written notice, mailed by certified mail with return
receipt requested to the address designated by the distributor as provided in section
4.8.(3X1) above. During such three -day period, the distributor shall have a right to a hearing
before the Superintendent of Public Works or his duly designated representative to
determine whether or not such violation has occurred and whether or not the nature of such
claimed violation warrants removal prior to final determination. At such hearing the
distributor shall have the right to examine the evidence upon which the Superintendent or
his designee acted, to cross - examine any witnesses who may have appeared before him and
to offer any evidence which may tend to show that the subject newsrack does not violate
any provision of this By -Law and that the claimed violation is not of a nature which
warrants removal prior to final determination. The hearing officer shall promptly review
such evidence, notify the distributor of his decision with respect thereto, and if necessary,
afford the distributor a reasonable opportunity to comply with such determination. If said
violation is not corrected within such three -day period or such further reasonable period as
may be contained in a superseding notice by the hearing officer, the Board of Public Works
shall remove such newsrack and place it in storage in a secure place. The cost of removal
and storage shall be billed to the distributor, and in the event of nonpayment, a civil suit for
money damages may be brought by the Town Counsel.
If such newsrack is not claimed within thirty (30) days, it shall be treated as abandoned
property and disposed of as provided by law.
B. Any distributor who, having been notified and directed as provided
herein to correct a violation of the provisions of this By -Law, fails to correct such violation
as provided in such notice shall be guilty of a violation of this By -Law and shall be subject to
punishment as provided in Article XXVII of the By -Laws of the Town of Reading. Each day
the violation remains uncorrected shall be considered a separate offense and violation of
this By -Law.
C. Any distributor or other person aggrieved by a finding, determination,
notice or action taken under the provisions of this By -Law may appeal to the Board of Public
Works. An appeal shall be made in writing, and it must be filed within three (3) days after
the receipt of written notice of any protested decision or action with the Town Clerk by a
letter of appeal briefly stating therein the basis for such appeal. The Town Clerk shall
forward such notice of appeal to the Board of Public Works. A hearing thereon shall be
scheduled by the Board of Public Works to be held on a date no more than fifteen (15) days
after receipt of such letter. The appellant shall be given at least five (5) days notice of the
time and place of the hearing. The Board of Public Works shall give the appellant or any
other interested person a reasonable opportunity to be heard in order to show cause why the
determination or action appealed from should not be upheld. The Board of Public Works
shall make a final determination at the conclusion of the hearing or as soon thereafter as is
practicable. In the event that a distributor is successful in reversing a determination that
the claimed violation was of a nature which warranted removal pending a final
determination, no fee shall be imposed for the removal and storage of the newsrack which
was the subject of the appeal, and failure to comply with such determination shall not serve
as a basis for prosecution under subsection B. of this Section 6.
Section 7. Nothing contained in this By -Law shall be interpreted to limit or
impair the exercise by the Town of Reading of its police power in the event of an emergency
to remove any newsrack which presents a clear and present danger of imminent personal
injury or property damage to users of the public streets of the Town. Further, nothing
contained in this By -Law shall be interpreted to limit or impair the ability of the Town of
Reading to temporarily remove or relocate any newsrack in order to allow the Town to
perform municipal work or other services in the location or immediate vicinity of such
newsrack, in the event such newsrack has not been temporarily removed or relocated by the
distributor within twenty -four (24) hours of telephone or written notice from the Town of its
intention to perform municipal work or services in the location or immediate vicinity of
such newsrack.
Section 8. Any distributor placing newsracks on sidewalks or other public place
within the Town of Reading shall provide liability insurance in the amount of $1,000,000.00,
for each occurrence, for bodily injury, and in the amount of $500,000.00, for each
occurrence, for property damage, naming the Town of Reading as an insured. Any such
distributor shall further agree to hold the Town of Reading, its Officers, Boards,
Commissions, Committees, and their employees, agents, and assigns, harmless in any suit
brought against the Town or any of its Officers, Boards, Commissions, Committees, and
their employees, agents and assigns arising out of the use, operation or maintenance of the
newsracks. Any distributor placing newsracks on sidewalks or other public places within the
Town of Reading shall further indemnify and hold the Town of Reading, its Officers, Boards,
n
Adjourned Sebsequent Town Meeting November 28, 1983
Commissions, Committees, and their employees, agents and assigns harmless from any
damage caused to any newsrack by virtue of the Town of Reading performing snow removal
or other municipal services on the Town's public streets, roadways and sidewalks.
Section 9. In the event any section, subsection or provision of this Article XXXVI
shall be held to be invalid, such invalidity shall not effect the validity of any other section,
subsection or provision hereof."
ARTICLE 19. On motion of Douglass L. Barker it was voted to amend Article XIV,
Section 1 of the By -Laws of the Town of Reading by adding the following sentence thereto:
"The provisions of this Section 1 shall not apply to newsracks as defined in Article
XXXVI of these By- Laws."
ARTICLE 20. On motion of Arthur Polychrones it was voted that the sum of Sixty -
One Thousand Four Hundred Fifty -Nine Dollars ($61,459.00) as may be provided by the
Commonwealth of Massachusetts under Chapter 289 of the Acts of 1983 be appropriated for
the purpose of improving, constructing and reconstructing Town public ways. Such sums to
be spent by and under the direction of the Board of Public Works and in such locations as the
Board of Public Works may deem advisable.
ARTICLE 21. On motion of Barry E. Hampson it was voted that the Town authorize
the Board of Public Works to file in the name of, and in behalf of the Town, an application in
form and manner required by the United States of America or the Commonwealth of
Massachusetts, and to do whatever else may be required to attempt to obtain a grant to be
made by the United States of America or the Commonwealth of Massachusetts to the Town
of Reading, Massachusetts to be used together with the funds previously raised and
appropriated for improvements to the water system; to appropriate any such funds so
received to the Board of Public Works to be used together with the funds previously
appropriated for said improvements to the water system; and to authorize the Board of
Public Works to proceed with said improvements to the water system and enter into all
contracts and agreements with respect thereto and to do all other acts and things necessary
or proper for carrying out the provisions of this vote.
ARTICLE 22. On motion of Carl H. Amon, Jr. it was voted that the sum of Two
Thousand Five Hundred Dollars ($2,500.00) be transferred from Cemetery Sale of Lots Fund
and that said sum be appropriated to the Cemetery Department to be expended under the
direction of the Cemetery Trustees for the purpose of purchasing unwanted grave spaces and
graves that are unclaimed under Chapter 114, Section 10A of the General Laws of the
Commonwealth of Massachusetts.
ARTICLE 23. On motion of Paul E. Landers it was voted that the sum of Five
Thousand Dollars ($5,000) be transferred from free cash and appropriated to the Building
Maintenance Department for the purpose of supplementing and renovating the electrical
system in the Municipal Building, 16 Lowell St.
ARTICLE 12. On motion of John H. Russell it was voted to take Article 12 from the
table.
ARTICLE 12. On motion of John H. Russell it was voted to lay Article 12 on the
table.
On motion of John H. Russell it was voted that this meeting stand adjourned to meet
at 7:30 P.M. on Thursday, December 1st, 1983, in the Parker Jr. High School auditorium.
Meeting adjourned at 10:55 P. M.
135 Town Meeting members were present.
A true copy. Attest:
_. _�— --
Lawrence Drew
Town Clerk