HomeMy WebLinkAbout1983-12-01 Adjourned Subsequent Town Meeting Minutes187
ADJOURNED SESSION SUBSEQUENT TOWN MEETING
W. S. Parker Jr. High School Auditorium December 1, 1983
The meeting was called to order by the Moderator, John W. Faria, at 7:30 P.M., there
being a quorum present.
(c) The nursing home structure shall not be less than one hundred (100) feet from the
nearest dwelling existing at the time of the application for the Special Permit.
(d) The lot shall be not less than three acres in size with not less than four hundred
feet (400) of frontage on an existing public way.
(e) The nursing home shall be tied into municipal water and sewer service when
constructed.
(f) All parking shall be situated as near to the Business A District as is feasible.
(g) The nursing home shall meet all applicable building code requirements and shall
have properly installed and maintained fire safety devices and shall conform to all applicable
local and state regulations and statutes for the protection of all occupants in the nursing
home.
(h) Sideline planting shall be required for any sideline of the lot which abuts land
being used for residential purposes. The sideline planting area shall be at least five feet
wide, shall be free of any paving and shall extend from the street line to twenty feet beyond
the deepest point on the premises having buildings. The full length of the planting area shall
be provided with screening through plantings at least four feet high when planted. Fencing
may be used in conjunction with such screening.
(i) Front screening shall be provided between the building and the street line
through a staggered row of trees, either planted or retained, having at least a two inch trunk
diameter and being of size, specie and spacing such that the tree crowns will approximately
meet each other at maturity. All trees used for front screening shall be of species common
to the area and which reach an ultimate height of not less than thirty feet.
(j) If at the time of application for a Special Permit under this provision, there are
one or more single family dwellings situated on the lot or lots immediately abutting and to
the rear of the lot upon which the nursing home is proposed, the Board of Appeals may
require reasonable rear lot line plantings for screening purposes.
A person may make application to the Board of Appeals for a Special Permit for the
construction of a nursing home in compliance with all of the above - listed restrictions.
Submitted with the application shall be one or more site plans prepared, signed and sealed by
a registered land surveyor, registered professional engineer and registered architect which
shall indicate the size of the lot, the dimensions of the lot, the proposed location,
dimensions and height of the nursing home structure, the building offset dimensions, the
parking and driveway layout, the entrance and exit ways, proposed grade changes, the
location of any zoning overlay districts on the lot and the location, distance and use of each
existing principal structure situated on abutting property but within one hundred feet of the
proposed nursing home structure.
106 voted in the affirmative
4 voted in the negative
The Invocation was given by the Rev. Fr. Thomas Meehan of Austin Preparatory
School, followed by the Pledge of Allegiance to the Flag.
On motion of John H. Russell it was voted to take up Articles 35 and 36 out of order.
ARTICLE 35. On motion of Paul E. Landers as amended by Gloria R. Hulse it was
voted that the Town amend the Reading Zoning By -Laws to allow a nursing home in a
Residential S -20 District by special permit by adding a paragraph 4.3.1.4, as follows:
4.3.1.4. The Board of Appeals may grant a Special Permit for a nursing home in a
Residence S -20 Zoning District, if, as a minimum, the following conditions are met:
(a) The lot on which the nursing home is to be located either abuts or is partially
within a Business A District. A lot shall not be considered as abutting a Business A District
unless that lot actually, physically touches the Business A District. A lot on the other side of
or separated by a street or highway from a Business A District shall not be considered to
"abut" that district for the purpose of this section.
(b) The lot and structure meet all of the dimensional controls as contained in
Section 5.1.2.
(c) The nursing home structure shall not be less than one hundred (100) feet from the
nearest dwelling existing at the time of the application for the Special Permit.
(d) The lot shall be not less than three acres in size with not less than four hundred
feet (400) of frontage on an existing public way.
(e) The nursing home shall be tied into municipal water and sewer service when
constructed.
(f) All parking shall be situated as near to the Business A District as is feasible.
(g) The nursing home shall meet all applicable building code requirements and shall
have properly installed and maintained fire safety devices and shall conform to all applicable
local and state regulations and statutes for the protection of all occupants in the nursing
home.
(h) Sideline planting shall be required for any sideline of the lot which abuts land
being used for residential purposes. The sideline planting area shall be at least five feet
wide, shall be free of any paving and shall extend from the street line to twenty feet beyond
the deepest point on the premises having buildings. The full length of the planting area shall
be provided with screening through plantings at least four feet high when planted. Fencing
may be used in conjunction with such screening.
(i) Front screening shall be provided between the building and the street line
through a staggered row of trees, either planted or retained, having at least a two inch trunk
diameter and being of size, specie and spacing such that the tree crowns will approximately
meet each other at maturity. All trees used for front screening shall be of species common
to the area and which reach an ultimate height of not less than thirty feet.
(j) If at the time of application for a Special Permit under this provision, there are
one or more single family dwellings situated on the lot or lots immediately abutting and to
the rear of the lot upon which the nursing home is proposed, the Board of Appeals may
require reasonable rear lot line plantings for screening purposes.
A person may make application to the Board of Appeals for a Special Permit for the
construction of a nursing home in compliance with all of the above - listed restrictions.
Submitted with the application shall be one or more site plans prepared, signed and sealed by
a registered land surveyor, registered professional engineer and registered architect which
shall indicate the size of the lot, the dimensions of the lot, the proposed location,
dimensions and height of the nursing home structure, the building offset dimensions, the
parking and driveway layout, the entrance and exit ways, proposed grade changes, the
location of any zoning overlay districts on the lot and the location, distance and use of each
existing principal structure situated on abutting property but within one hundred feet of the
proposed nursing home structure.
106 voted in the affirmative
4 voted in the negative
. •
•
Mil
Adjourned Subsequent Town Meeting December 1, 1983
On motion of John H. Russell it was voted that the following report of the Planning
Board under Article 35, presented by Kenneth G. Messina, be accepted as a report of
progress.
PLANNING BOARD REPORT
1983 Subsequent Town Meeting
Articles 35 and 36
In July, a proposal was presented to the Board to build a multilevel nursing care
facility on a parcel of land located on North Main Street. This nursing home proposal was
presented as an answer to the special needs of those citizens who are no longer able to care
for themselves and need to be confined either for supervisory or health reasons. The
proponents of this project met with other Town officials and incorporated their suggestions
and concepts to help meet the needs of the Town.
Pursuant to Sections 5 and 11, Chapter 40A, Massachusetts General Laws, the Planning
Board duly advertised and posted notice of a public hearing on Articles 35 and 36, which was
held on Tuesday, November 1, 1983 in the Community Center Auditorium. Attorney O.
Bradley Latham, counsel for Continental- Wingate Corporation, presented a proposal for a
Special Permit process under the Residential (S -20) District to allow a nursing home facility.
There presently is a site on North Main Street, adjacent to Marshall's, which this company is
considerisng for construction of a multilevel nursing home project. Mr. Latham outlined the
proposal as follows:
NEED: Currently there is one small nursing home within the Town. This facility is
designed for supportive nursing care. There is no facility which could house those patients
that would require skilled or intensive nursing care. The North Shore Health Planning
Council and Massachusetts Hospital Association show that the average age of the Town
residents is increasing and the need for such a facility becoming more acute. This facility
will provide for those residents who can no longer care for themselves. Also incorporated
into this facility will be a day -care and a respite care unit on a limited basis. Letters in
support of such a facility were received f rom the Reading Council on Aging, 5 local doctors,
the Reading Fire Department and State Reprsentative Michael J. Barrett.
SITE: The Special Permit proposal sets as a minimum a site that would have: 3+ acres
of land; abut a Business A or be partially within a Business A District; meet all dimensional
controls for a single- family district; be set back from the nearest residential dwelling by at
least 100 feet; must tie into municipal water and sewer service; locate the parking as far
away from residential dwellings as possible; and provide a buffer screen.
Attorney Latham stated that the site that is being considered for construction of a
multi -level nursing home is located on North Main Street with 3+ acres of land on a main
roadway that is 66 feet wide in this area, has flashing yellow lights to the north and full stop
lights to the south, good visibility for entering and exiting traffic. The estimated cost of
construction is $4.5 million. At current tax rate this project would yield over $100,000 in
taxes. The Municipal Light Department, Police Department and Fire Department all have
stated that they have adequate facilities to handle such a proposal. The Board of Public
Works stated that an adequate sewer design can be accomplished for this facility.
PARKING: Requirements for off - street parking spaces: 1 space for each 3 licensed beds;
off - street loading requirements: 1 space for each 70 licensed beds. On request by the
Planning Board, the Metropolitan Area Planning Council reviewed these regulations and felt
that they were more than adequate.
IMPACTS: Traffic safety questions were addressed by Vanasse /Hangen AS
professional traffic engineers, in a 20 -page document, which states that a nursing home
facility would generate a much lower level of traffic than even allowable building uses under
current zoning for this area. Estimates for traffic were 30 -40 cars per hour and with the
staggered shift times, traffic impacts would be minimal. Peak traffic times presently on
this roadway are from 8 -9 AM and 4:30 -5:30 PM. Nursing homes have shift changes at off -
peak hours which are from 6:30 -7:30 AM and 2:30 -3:30 PM. Turning traffic would take up to
20 seconds, and entering traffic would take 8 -10 seconds. There is adequate site distance in
both directions and will meet all State and Federal guidelines.
Drainage for the area was addressed and the proponents stated that all requirements
of the Town's By -laws for Wetlands and Flood Plains, the Hatch Act and DEQE regulations
will have to be satisfied. An area resident was concerned that all problems with drainage be
carefully considered. He stated that when construction for the Cedar Glen project took
place, area residents even across the street were flooded.
A sense of the meeting was taken. There were 12 persons present with
7 - in favor
1 - opposed
4 - abstentions
1 C,
Adjourned Subsequent Town Meeting December 1, 1983
The Board met on Thursday, November 17, 1983, and after discussion on the following
points:
- The need for such a facility within the Town to address the needs of those
citizens that require nursing care on all levels, - also provides for day care for the elderly
and respite care facilities on a limited basis. The Planning Board felt that families caring
for elderly relatives have a definite need for such programs and feels that this would add to
helping those families care for their elderly relatives in their home and would allow the
elderly to stay within the family environs for as long as possible.
- The construction of such a facility would be a good transitional use between
residential and business properties.
- The by -law change might set a precedent for future developers to construct
similar legislation for their proposals, which the Board felt was not of particular concern.
- Is the Town singling out a parcel of land for special treatment? The Board
requested that Town Counsel review this question and in his opinion, he states,
"It appears that this would not be the case, since no single parcel of land is being
sought out for special treatment. Rather, the Town would be authorizing a procedure
by which any land which qualified could, if it met the requisite conditions, be granted
a special permit for a nursing home. Various zoning treatises have dealt with this
specific question and have held that the grant of a special permit is not spot zoning.
and upon a motion duly made and seconded, the Board (4 -0) unanimously voted to
recommend passage of Articles 35 and 36 on the 1983 Subsequent Town Meeting Warrant.
The Board felt that these proposals would answer the needs of the citizens of the Town who
no longer can care for themselves, while providing the Town with adequate protection under
the Special Permit process with review by the Town's Board of Appeals. The Planning Board
feels that adoption of Articles 35 and 36 promotes the purposes of the Town's By -laws and
providing for additional nursing care within the Town would promote the general health,
safety and welfare of the inhabitants of the Town and asks that you vote passage of these
articles.
READING PLANNING BOARD
Kenneth G. Messina, Chairman
Barry J. Mitchel, Clerk
John W. Shaw
Maureen Rich
Charles R. Arthur, Jr.
ARTICLE 36. On motion of Paul E. Landers it was voted that the Town amend the
Reading Zoning By -Laws by amending the table in Section 6.1.1.3 and adding the following
off - street parking and loading requirements for a nursing home after those established for
Lodging Houses, Hotels, Motels, and Tourist Homes in Section 6.1.1.3, and under the
following tables:
Minimum Number of Minimum Number of
Off - Street Parking Off - Street Loading and
Principal Use Spaces Required Unloading Spaces Required
Nursing Home One space for each One space for each
three licensed beds seventy licensed beds
106 voted in the affirmative
2 voted in the negative
ARTICLE 12. On motion of John H. Russell it was voted to take Article 12 from the
table.
ARTICLE 12. John H. Russell moved that the Capital Plan be amended to include an
emergency generator for the Police Station in the amount of $15,000 in Fiscal Year 1984,
and removed from FY 85.
This motion was voted in the negative. 56 voted in the affirmative and 60 voted in the
negative.
ARTICLE 12. On motion of John H. Russell it was voted to lay Article 12 on the
table.
ARTICLE 24. On motion of John H.Russell it was voted that Article 24 be indefinitely
postponed.
ARTICLE 25. The following motion by Paul E. Landers, amended by Barry E.
Hampson, was voted in the negative.
1 eY 0
Adjourned Subsequent Town Meeting December 1, 1983
Moved that the sum of Six Thousand Three Hundred Seventy Dollars ($6,370) be
transferred from fees collected for parking and appropriated for the purpose of
implementing a system of parking fees for non - residents and restrictions for the depot and
Reading Square area.
Mr. Barry E. Hampson requested that the records of this Meeting reflect that he
presented the following petition signed by 325 citizens of the Town of Reading and reading
as follows:
"We the undersigned residents of the Town of Reading respectfully request that Town
Meeting not authorize the funds under Article 25 of the subsequent Town Meeting Warrant
for the purpose of charging parking fees to Reading Residents. The clear intent of this
petition is that Reading Residents will not be charged a fee for parking at the Depot."
ARTICLE 26. On motion of Paul C. Dustin as amended by Russell T. Graham and
Virginia M. Adams it was voted that the Town authorize the Board of Selectmen to sell upon
such terms and conditions as they consider proper, and for not less than Seventy -five
Thousand Dollars ($75,000) all or any part of the Reading railroad depot and the land
described as follows and to deliver a deed or deeds therefor, and that the sum of Five
Thousand Dollars ($5,000) be transferred fro free cash and appropriated to the Board of
Selectmen for the purpose of carrying out this vote:
Beginning at a point, said point being on the Northeasterly sideline of Lincoln Street;
Thence N 59 degrees 14' - 46 11W, a distance of 135.01 feet along the Northeasterly
sideline of Lincoln Street, to a point;
Thence N 65 degrees 46' -47" W, a distance of 2.00 feet along the Northeasterly
sideline of Lincoln Street, to a point;
Thence N 30 degrees 45' -14" E, a distance of 40.78 feet, to a point;
Thence S 59 degrees 14' -46" E, a distance of 137.00 feet, to a point;
Thence S 30 degrees 45' -14" W, a distance of 40.55 feet, to a point, said point being
the point of beginning of this description;
Said parcel of land containing 5,555.75 square feet more or less.
Said lease or deed shall contain necessary restrictions to maintain the historic nature
of the said building.
83 voted in the affirmative
26 voted in the negative
ARTICLE 26. The following Substitute Motion by Virginia M. Adams presented prior
to vote under Article 26, was voted in the negative:
Moved that the Board of Selectmen of the Town of Reading be instructed to lease to
one or more lessees, on such terms and conditions as they determine to be in the best
interest of the town, the building or portion thereof known as the Reading Railroad Depot,
Lincoln Street, and that said lease shall contain necessary restrictions to maintain the
historic nature of the building.
ARTICLE 33. On motion of Robert P. Griffin it was voted to authorize the Board of
Selectmen or Board of Public Works of the Town of Reading to convey by deed,
abandonment of easement or othewise to the Department of Public Works of the
Commonwealth of Massachusetts pursuant to Chapter 634 of the Acts of 1971 all right,
title, and interest of the Town of Reading to the certain vehicular bridge described as
"M.D.P.W.# R -3 -1, RR# 12 -55, Public Way - Mineral Street ", said bridge being a
continuation and extension of a public way in the Town of Reading known as Mineral Street,
providing vehicular passage for the public over the tracks now or formerly owned by the
Boston & Maine Corporation, said conveyance to be made at the expense of the Town of
Reading and in compliance with the provisions of Chapter 634 of the Acts of 1971 and
subject to such terms and conditions and the retention or assumption of such easements or
obligations as may be required by law or shall be considered proper by the Board of
Selectmen or Board of Public Works.
103 voted in the affirmative
3 voted in the negative
ARTICLE 34. On motion of Kenneth G. Messina it was voted that the Town amend
Section 3.2. of the Town's Zoning By -laws by deleting the date "September 10, 1978," after
the words " 'Reading Zoning Map', dated" and inserting in place thereof the date "November
1, 1983,"
103 voted in the affirmative
0 voted in the negative
On motion of John H. Russell it was voted that the following report of the Planning
Board on Article 34 presented by Kenneth G. Messina, be accepted as a report of progress.
Adjourned Subsequent Town Meeting December 1, 1983
PLANNING BOARD REPORT
1983 Subsequent Town Meeting
Article 34
The Planning Board appeared before Town Meeting in the Fall of 1983 to seek funds to
update the Town's Zoning Maps, which include an index map and 35 sheets containing 39
detailed maps. Appended to these maps are 4 maps entitled "Flood Insurance Rate Map(s) ".
These appended maps are for the sole purpose of determining which lands are within the
National Flood Insurance Flood Management District and when the land in question is being
improved, developed or financed must comply with the provisions of the National Flood
Insurance Program. They do not affect the Flood Plain Overlay Districts as outlined in the
Town's Zoning Maps.
This article was placed on the Warrant to change the effective date of the new maps
being incorporated for use within the Town from September 10, 1978 to November 1, 1983.
Pursuant to Sections 5 and 11, Chapter 40A, Massachusetts General Laws, the Planning
Board duly advertised and posted notice of a public hearing on Article 34, which was held on
Tuesday, November 1, 1983. There were approximately 5 citizens present for this public
hearing. The Board reviewed a copy of the changes made to date by the Board of Public
Works engineers, a copy of which was displayed for public review. The only question raised
from the citizenry was whether or not the new maps change any of the current zoning
districts within the Town. The Chairman responded saying that the only changes will be
street and lot lines and those zoning changes that have all ready been approved by Town
Meeting since the last updating, September 10, 1978. In seeking opinion from Town Counsel,
it was determined that this date change would help to clarify when and what changes are
included for users of the Zoning Maps.
On Monday, November 21, 1983, the Planning Board met to consider their
recommendation on Article 34. Upon a motion duly made and seconded, it was the vote of
the Board (5 -0) to recommend to Town Meeting that they vote to pass Article 34 on the 1983
Subsequent Town Meeting Warrant.
READING PLANNING BOARD
Kenneth G. Messina, Chairman
Barry J. Mitchel, Clerk
John W. Shaw
Maureen Rich
Charles R. Arthur, Jr.
ARTICLE 37. On motion of John H.Russell it was voted that the Town adopt the
accompanying five year Capital Outlay Plan as provided for in Article III, Section 11 of the
By -Laws of the Town.
PROPOSED CAPITAL OUTLAY PLAN
1984- 1989
ESTIMATED APPROPRIATIONS, IN THOUSANDS OF DOLLARS
PROJECTS FUNDED BY TAX LEVY FY 1984 FY 1985 FY 1986 FY 1987 FY 1988 FY 1989
PUBLIC WORKS
240.0
Roadway Reconstruction
219.0
Storm Drain Construction
160.0
Sidewalk Reconstruction
160.0
Equipment Replacement
132.0
Parks and Playgrounds
25.5
Sewer System Reconstruction
21.0
Sidewalk Construction
11.0
Street Betterments
17.7
Garage
150.0
RECREATION
Pool
EMETERY
Cemetery Improvements 10.0
Air Compressor
Vehicle Replacement
CONSERVATION
Acquire Water Resource Lands
Land Management
SCHOOLS
School Data /Word Processing 5.6
Roof Replacement 47.9
Space Remodeling
Oil Burner Replacements
240.0
240.0
240.0
240.0
240.0
160.0
160.0
160.0
160.0
160.0
21.0
21.0
21.0
21.0
21.0
150.0
150.0
150.0
150.0
150.0
30.0
30.0
75.0
30.0
30.0
75.0
75.0
75.0
75.0
15.0
15.0
15.0
15.0
15.0
20.0
20.0
20.0
20.0
20.0
1800.0
12.0
25.0
40.0
10.0
10.0
10.0
10.0
10.0
5.1
15.0
9.0
20.0
15.0
15.0
15.0
15.0
4.0
4.0
4.0
4.0
4.0
35.0
35.0
35.0
35.0
35.0
195.0
193.0
146.9
136.5
136.5
20.0
20.0
20.0
20.0
24.0
24.0
12.0
Subsequent Town Meeting
December 1, 1983
PROJECTS FUNDED BY TAX LEVY FY 1984 FY 1985 FY 1986 FY 1987 FY 1988 FY 1989
Chapter 504
10.0
10.5
25.2
7.5
Bobcat Replacement
15.1
10.0
14.2
10.0
10.0
Central Office Relocation
173.8
100.0
173.8
173.8
169.7
Energy Related Projects
1989.4
25.0
25.0
25.0
25.0 25.0
Vehicle Replacement
11.0
9.0
702.4
10.0
766.2
Remodeling for Declining
3.12
4.03
7.01
3.89
3.07
Enrollment
70.0
60.0
60.0
60.0
Walk -In Freezer
14.0
Athletic Storage Bldg.
10.0
COMPUTER
Lease
53.5
53.5
53.5
53.5
15.8
POLICE DEPT.
Traffic Lights
250.0
250.0
250.0
Generator
25.0
FIRE DEPT.
Fire Station
50.0
500.0
500.0
500.0
Vehicle Replacement
11.0
Foam Bank Replacement
6.0
Replace Engine #5
85.0
Replace Pickup
12.0
Replace Ambulance
50.0
BUILDING MAINTENANCE
Building Improvements
21.8
25.0
25.0
25.0
25.0 25.0
Replace Truck
12.0
Electrical Repair -T.H.
5.0
LIBRARY
Landscape
32.0
COUNCIL ON AGING
Van
15.0
SPACE STUDY COMMITTEE
Old Library Renovations
20.0
Pearl St. School Renovations
PRIOR YEARS PROJECTS FUNDED
BY BORROWINGS
1377.0
1290.5
1219.9
1043.6
995.5 937.8
TOTAL PROJECTS
2187.0
2891.1
5116.1
3049.2
2542.8 1939.3
INCOME
Water Resource Land
Reimbursement
Sale of Cemetery Lots
School Construction -
State Aid
TOTAL TO BE RAISED BY
TAXATION
TOTAL TAX VALUATION
(MILLIONS)
EFFECT ON TAX RATE
PROJECTS FUNDED BY PUBLIC
ENTERPRISE RATES
WATER
DeveFopment of Wells
Water Dept. Prior Borrowing
MUNICIPAL LIGHT DEPT.
1970 Enlarge Lighting Plant
New Power Feeder Station
383.4 361.4
100.0 100.0
324.7 263.2
246.0 228.8
43.5 41.7 39.9 38.1 36.3 34.5
133.8 128.6 123.4 118.2 113.0 107.8
10.0
7.5
7.5
7.5
10.0
15.1
10.0
10.0
10.0
10.0
187.6
173.8
173.8
173.8
173.8
169.7
1989.4
2762.2
4922.3
2857.9
2351.5
1752.1
638.5
670.4
702.4
734.3
766.2
798.1
3.12
4.03
7.01
3.89
3.07
2.20
383.4 361.4
100.0 100.0
324.7 263.2
246.0 228.8
43.5 41.7 39.9 38.1 36.3 34.5
133.8 128.6 123.4 118.2 113.0 107.8
4
Adjourned Subsequent Town Meeting
December 1, 1983
ARTICLE 1. On motion of Marvin M. Rosenthal it was voted to take Article 1 from
the table.
ARTICLE 1. On motion of John H. Russell it was voted that the following report,
presented by Marvin M. Rosenthal for the Highland School Building Committee, be accepted
as a report of progress.
HIGHLAND SCHOOL BUILDING COMMITTEE
Report of Progress
November, 1983
Our Report of Progress to Fall Town Meeting will be brief and positive.
Throughout the summer and fall, work on the Highland/ Library conversion has
proceeded at a brisk pace. All structural modifications have been made, mechanical and
electrical systems are in place, and exterior remodeling is accomplished. On November 30,
construction was 90 percent complete.
What remains are the finish details: final interior millwork, installation of fixtures,
and painting -- all of which are currently in progress. Carpeting and shelving people will be
on the scene in December to ready the building for occupancy. Since the terms of our
contract with Rene C. Lamarre Co., Inc. extend through the month of February, we can say
with confidence that the job is running comfortably ahead of schedule.
Considering the nature of the project, it came as no real surprise that some hidden
conditions and structural oddities in the building led to a modest number of revisions and, in
some cases, increased material costs. Fortunately these problems were solved with relative
ease and no interruption of work. Additional expense has been either absorbed by our
contingency fund or balanced out by the fact that some items actually came in below
estimate. The project will be completed within budget.
All through the construction phase we have maintained access to the building on a
"walk -in anytime" basis. Twice each month representatives of the building committee and
library staff meet at the site for consultation with the architect, general contractor, clerk-
of- the - works, and any subcontractors who are active on the job. Each of these work sessions
is followed by a complete tour and inspection of the project. We are extremely pleased with
what we see.
As our work draws to a close, we continue to weigh priorities carefully, opting always
for the delivery of a completely workable structure that will be efficient to run and
economical to maintain. If a final -hour compromise becomes necessary, it may be reflected
in the total volume of the initial furniture purchase. Local businesses, community groups,
and generous individuals have already begun to respond to this possibility. It's a way of
becoming a permanent part of the new library.
When will the actual move take place? Today we are looking at a date in February as
being quite realistic. This allows flexibility for all remaining deliveries, installations, and
systems checks. It effectively eliminates those "what -ifs" that could preclude the smooth
transition of a vital town service.
During the next few weeks you'll be hearing a lot about mustering a team of volunteers
to help transfer the contents of the library from its current downtown location over to
Middlesex Avenue. This type of community effort always figured into the plan, but when
professional movers quoted figures in the $20,000 range, its importance assumed a dimension
of urgency. The library staff is coordinating this effort, and they'll be happy to hear from
you?
Thus the project that began as a sketchy idea on this floor two years ago fast
approaches reality. Now we look forward to sharing the excitement of opening day with all
of you who made it possible.
Respectfully submitted,
Highland School Building Committee
Associates:
Marvin M. Rosenthal, Chairman
Elia Dangelmaier, Vice - Chairman
Virginia Adams
Carol Beckwith, Secretary
Paul Fermano
John Zorabedian, Jr., Treasurer
Barbara Nelson
Sharon Ofenstein
Cherrie Dubois
Wayne Lewis
William Fowler
BeverlySeavey
Adjourned Subsequent Town Meeting December 1, 1983
ARTICLE 1. On motion of John H. Russell it was voted that the following report,
presented by Kenneth G. Messina for the Reading Planning Board, be accepted as a report of
progress.
REPORT TO TOWN MEETING ON SCENIC ROAD REGULATIONS
Last Spring, Town Meeting adopted Article 10 on the Special Town Meeting Warrant,
which empowered the Planning Board to establish and adopt regulations governing "Scenic
Roads ". The Board has worked with other Town departments and citizens' groups in this
effort. On November 17th, the Planning Board voted to adopt the final language for the
regulations governing "Scenic Roads ". These regulations were designed to protect the
character of the Town and to be clear and efficient in their implementation and
enforcement. We present them for your review as promised at that Town Meeting. We
welcome any comments you may have.
PLANNING BOARD REPORT
SCENIC ROAD REGULATIONS
Following are the "Scenic Road Regulations" prepared by the Planning Board and
adopted November 17, 1983. The 1983 Annual Town Meeting voted to amend the Town's
General By -laws by adding Article XXXIII, which calls for the Planning Board to establish
and adopt regulations for Scenic Roads.
Since July and through the Fall, this Board has held open discussions on what
protections and language should be included. Suggestions and concerns from other Town
departments and from the citizens at large were incorporated. On November 9, 1983, the
Planning Board held an informational meeting to discuss these regulations. There were
approximately 20 citizens present with representation from the Board of Public Works,
Historical and Conservation Commissions and the Pearl Street Citizens Group. From this
discussion and upon final review by the Board, additions and corrections were made. On
November 17th, the Board voted to adopt the final language which is presented in the
following copy of these regulations. Support for these regulations has been received from
the Conservation Commission, Historical Commission and the Pearl Street Citizens Group.
We believe these regulations will help to protect the character of the Town and will be
clear and efficient in their implementation. We present them for your review and welcome
your comments.
TOWN OF READING
SCENIC ROAD REGULATIONS
Adopted by
READING PLANNING BOARD
Date: November 17, 1983
Section 1 - Definitions.
In the absence of contrary meaning established through legislative or judicial action,
the following terms contained in M.G.L. Chapter 40, Section 15C and Town of Reading
General By -Laws, Article XXXIII, or used herein shall be defined as follows:
1.1 "Cutting or Removal of Trees ".
"Cutting or Removal of Trees" shall mean the removal of one or more trees, trimming
of major branches or cutting of major roots of a tree which will have an adverse impact on
the health of such tree but not trimming or cutting of dead trees, dead branches, or cutting
of minor roots which cutting will not adversely impact the health of such tree.
1.2 "Repair, Maintenance, Reconstruction, or Paving Work ".
"Repair, maintenance, reconstruction, or paving work" shall mean any work done
within the right -of -way by any person or agency, public or private. Included within this
definition is any work on any portion of the right of way which was not physically
commenced at the date of the first publication of legal notice of public hearing concerning
designation of said roadway as a "Scenic Road." Construction of new driveways or
alteration of existing driveways is also included, insofar as it takes place within the right -
of -way.
1.3 "Road ".
"Road" Shall mean any right -of -way used or maintained as a public way including the
vehicular travelled way plus necessary appurtenances within the right -of -way such as bridge
structures, drainage systems, retaining walls, traffic control devices, and sidewalks. When
the boundary of the right -of -way is in issue so that a question arises as to whether or not
certain trees or stone walls or portions thereof are within or without the way, the trees or
stone walls shall be presumed to be within the way until it is shown to the contrary.
Adjourned Subsequent Town Meeting December 1, 1983
1.4 "Scenic Road ".
"Scenic Road" shall mean a road or portion thereof so designated in accordance with
M.G.L. Chapter 40, Section 15C and these regulations.
1.5 "Trees ".
"Trees" shall include a tree whose trunk has a diameter of four inches or more as
measured one foot about the ground.
1.6 'Bordering ".
"Bordering" shall include all trees, stone walls and any other natural or man -made
features of aesthetic value within twenty -five (25) feet on either side of the center -line of
the roadway.
Section 2 - Purpose.
2.1 Regulations.
These regulations are intended to ensure that:
1. ways will be recommended for designation as scenic roads under stated criteria;
and
2. ways so designated will not be altered without following proper procedures and
taking into account proper considerations.
3. ways so designated will not be altered by the decision of any person,
organization or agency other than the Planning Board.
Section 3 - Recommending Designation as a Scenic Road.
3.0 Application Procedure.
Any group of twenty -five (25) or more registered voters of the Town may make
application to either the Planning Board, Conservation Commission or the Historical
Commission. Application forms shall be maintained and kept on file by these Boards and
also at the office of the Town Clerk. Upon refusal of all three (3) Boards to recommend
that a requested roadway be designated "Scenic" to Town Meeting, a new petition will not be
heard by any board concerning said roadway for a period of at least two (2) years.
Upon application for any roadway to be designated a "Scenic Road ", such petitioners
will pay the forty dollar ($40.00) public hearing fee and legal advertising fees therefore.
Such public hearing fees shall be set by the Planning Board.
3.1 Public Hearing.
M.G.L. Chapter 40, Section 15C authorized designation of a road as a scenic road by
the Town upon recommendation or request of the Planning Board, the Conservation
Commission or the Historical Commission. Prior to making any recommendation or request
to Town Meeting regarding designation of a particular road as a scenic road, the Planning
Board, the Conservation Commission or Historical Commission, as the case may be, shall
conduct a public hearing regarding such proposed designation. Notice of the public hearing
shall be given by the body conducting the hearing pursuant to the requirements for notice
set forth in Section 5.2 of these regulations.
Input from all three Boards must be heard at the public hearing and shall be contained
in the narrative presented to Town Meeting relative to any petition requesting a roadway to
be designated as a "Scenic Road."
3.2 Criteria.
In determining which roads should be recommended for designation as scenic roads, the
Planning Board, Conservation Commission, or Historical Commission shall consider whether
the road contains or is characterized by any of the following:
1. bordering trees of exceptional quality, in terms of type, age, specimen size or
spread, density of stand, or related flora;
2. bordering trees which themselves constitute, or are a significant part of,
natural or man -made features of aesthetic value, including by way of illustration trees
Adjourned Subsequent Town Meeting December 1, 1983
having spring flowering or high fall of color potential; trees which are part of vista)s)
parelleling roadways or which create a frame of reference for more distant views; and
trees whose presence contributes substantially to the rural or woodland character of a
roadway, particularly in comparison to more developed or urbanized adjacent areas;
3. stone walls of either historical significance or aesthetic value;
4. any other natural or man -made features of aesthetic value which would be
adversely affected by any alteration of the road.
Section 4 - Notification of Designation of Scenic Road.
Upon the designation by Town Meeting of any road as a Scenic Road, the Planning
Board shall promptly take the following steps to give effective notice of such designation:
1. notify all municipal departments that may take action with respect to such
roads and request that they indicate such designation on all maps currently in use by
municipal departments;
2. notify the State Department of Public Works;
3. cause a notice or informal article to be published in a local newspaper stating
that the road, or roads, have been so designated;
4. notify all utility companies or other such parties which may undertake work
within or on the border of such road; and
5. catalog all characteristics which were considered in requesting the road to be
scenic and provide sufficient narrative to describe same.
Section 5 - Filing.
Any person, organization, public agency or utility company contemplating the cutting
or removal of trees, the tearing down or destruction of stone walls, or portions thereof, or
any other feature designated as scenic in accordance with Section 3.2 above, in commection
with any, maintenance, construction, reconstruction or paving work (emergency repairs are
specifically exempted from these Rules and Regulations but only to the extent necessary to
protect life and property), shall first obtain the written consent of the Planning Board by
filing a request for such work with the Planning Board, including the following information:
a. the text of a proposed legal notice identifying the location of the proposed
action in terms enabling readers to locate it with reasonable clarity without need for
additional plans or references, and describing in reasonable detail the proposed
changes to trees and /or stone walls;
b. a statement of the purpose, or purposes, for the changes proposed;
C. a list of owners of properties located in whole or in part within one hundred
(100) feet of the proposed action;
d. except in the case of town agencies, a deposit sufficient to cover the cost of
advertising and notification; and
e. any further explanatory material as may be required by the Planning Board.
5.2 Notice
The Planning Board shall, as required by statute, give notice of a public hearing
regarding the proposed action by advertising twice in a newspaper of general circulation in
the Town. This notice shall contain a statement as to the date, time, place and purpose of
the hearing with a reasonable description of the action proposed by the applicant. Copies of
this notice shall also be delivered or mailed first class postage pre -paid to the Offices of the
Board of Selectmen, the Conservation Commission, the Historical Commission and the
owners of property within 100 feet of the proposed action or designated "Scenic Road."
5.3 Timing of Notice and Hearing
The first publication of the notice shall be made as soon as feasible after the Planning
Board receives the request from the applicant, and shall in all cases be made at least
fourteen (14) days before the hearing. The last publication shall occur, as required by
statute, at least seven days prior to
hearing within forty -five (45) days
received. The date and time of the
work hours 8.00 a.m. - 5:00 o.m.. 1
the hearing. The Planning Board shall hold a public
of the date upon which a properly filed request is
5.4 Timing of Decision
Within twenty -one (21) days after the public hearing is closed the Planning Board shall
render a written decision on the request.
5.5 Performance Guarantee
Before endorsement of its approval on a plan, the Planning Board may require that the
proposed work to be done be secured by a bond sufficient in form and amount in the opinion
of the Planning Board to ensure satisfactory performance of the proposed work within the
right -of -way.
5.6 Tree Warden
Whenever feasible, Planning Board hearings shall be held in conjunction with those held
by the Tree Warden acting under M.G.L. Chapter 87 (Shade Tree Law). The consent of the
Planning Board to a proposed action shall not be regarded as inferring consent by the Tree
Warden, or vice versa. The Planning Board decision shall contain a condition that no work
should be done until all applicable provisions of the Public Shade Tree Law, M.G.L.Chapter
87, have been complied with.
Section 6 - Considerations.
The Planning Board's decision on any application for proposed action affecting scenic
roads shall be based on consideration of the following:
1. The degree to which the proposed action would adversely affect the scenic and
aesthetic values upon which the scenic road designation was originally based;
2. The necessity for the proposed action in terms of public safety, welfare or
convenience;
3. Compensatory actions proposed, such as replacement of trees, or walls;
4. Availability of reasonable alternatives to the proposed action which could
reduce or eliminate anticipated damage to trees or stone walls;
5. Whether the proposed action would compromise or harm other environmental or
historical values;
6. Whether the proposed action would adversely affect the preservation of natural
resources; and
7. Consistency of the proposed action with previously adopted Town plans and
policies.
Section 7 - Enforcement.
The Planning Board is responsible for the enforcement of these rules and regulations.
Whoever violates any provision of these regulations shall be liable to a fine of not more than
one hundred ($100) dollars for each citation for any violation and /or replacement in kind
( "mature" tree if a "mature" tree is removed) for any destroyed or removed "Scenic"
characteristic (trees, walls etc.).
ARTICLE 1. On motion of John H. Russell it was voted to lay Article 1 on the table.
ARTICLE 2. On motion of John H. Russell it was voted to take Article 2 from the
table.
ARTICLE 2. On motion of John H. Russell as amended by Gail F. Wood it was voted
that the Town establish a Public Works Facility Relocation Committee appointed by the
Moderator, whose purpose will be to select a site for the relocation of the Public Works
facility necessary to effect the potential conveyance of land as voted under Article 10, and
to produce preliminary plans and cost estimates for such relocation; said committee will
include one (1) member of the Board of Public Works, one (1) member each from the
Planning Board, Conservation Commission, and the Board of Selectmen and three citizens at
large, and will include as associate members the Assistant Superintendent of Public Works
for operation and the Assistant Superintendent of Public Works for engineering and will
include a liaison to the Finance Committee. Said Committee shall produce such plans to be
presented to Town Meeting no later than the Subsequent Town Meeting of 1984.
ARTICLE 2. On motion of John H. Russell as amended by Nils L. Nordberg it was
voted that the Town establish a Municipal Space Building Committee of seven members to
be appointed by the Moderator. Said committee shall have 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 citizen members and a liaison from the Finance
Committee. The purpose of the committee shall be to develop plans for satisfying the
Town's municipal space needs through renovating, modifying, or adding to the Town Hall /Old
Library complex located on Lowell Street. Said Committee shall report at the next Town
Meeting.
ARTICLE 2. On motion of John W. Price it was voted that the Board of Selectmen
by the passage of this motion be instructed not to use any of the monies appropriated under
Article 27 of the 1983 Annual Town Meeting and the money be returned to the General
Fund.
ARTICLE 2. On motion of John W. Price it was voted to lay Article 2 on the table.
On motion of John H. Russell it was voted that this meeting stand adjourned sine die.
Meeting adjourned at 11:07 P. M.
124 Town Meeting members were present.
A true copy. Attest:
ence Drew
Town Clerk