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HomeMy WebLinkAbout1985-11-18 Adjourned Subsequent Town Meeting Minutes377_ ADJOURNED SESSION SUBSEQUENT TOWN MEETING Reading Memorial High School November 18, 1985 The meeting was called to order by the Moderator, Stephen J. O'Leary, at 7:50 P.M., there being a quorum present. The Invocation was given by the Rev. David W. Reid, of the First Baptist Church, followed by the Pledge of Allegiance to the Flag. ARTICLE 33. The following Motion for Reconsideration presented by Michael J. Pacillo, was voted in the Negative. Move that the sum of Six Thousand ($6,000.00) Dollars be transferred from the Overlay Reserve and appropriated for the purpose of marketing the John Street Industrial Area with provisions for the location of a new Department of Public Works facility. Said sum to be expended under the direction of the Industrial Development Commission, with the concurrence of the Task Force for the relocation of the Department of Public Works. 16 voted in the affirmative 98 voted in the negative ARTICLES 20 - 25. On motion of Paul C. Dustin it was voted to take Articles 20 through 25 from the table. ARTICLE 20. The following Report of the Planning Board on Articles 20, 21, 22 and 23, was presented by Maureen Rich. PLANNING BOARD REPORT 1985 ADJOURNED SUBSEQUENT TOWN MEETING Municipal Reuse Rezoning Articles 20, 21, 22 and 23 Pursuant to Section 5, Chapter 40A, General Laws, a public hearing on this proposal was held on October 23, 1985, in the Selectmens' Meeting Room, Town Hall, 16 Lowell Street, with Board members John Wood, David Devine, Sandra Trainor and Chairman Maureen Rich present. There were also nine concerned citizens present at this hearing. In accordance with Section 11, Chapter 40A, General Laws, the public meeting was published in the Reading Chronicle on Wednesdays, October 9th and 16th, 1985 and was also posted in Town Hall. Because the legal notice advertising the public hearing was available to all those attending the public hearing, the Board voted unanimously to dispense with the Clerk's reading of the meeting notice. These petitions were placed on the 1985 Subsequent Town Meeting Warrant by the Planning Board in response to a Town Meeting directive that the Community Center be sold for apartments and /or condominiums and that the Planning Board fulfill the requirements to make this type of use legal. The goal of the Planning Board was to leave zoning unchanged by creating an overlay district. Opinion from other Town Boards, MAPC and Town Counsel was solicited. Guidelines were then developed for all parties to be involved in the process. This concept can be utilized any time and any place the Town contemplates disposing of a municipal structure. However, a special Town meeting article is required, to designate meets and bounds, etc., each time the process is contemplated. The following suggestions were made at the public hearing: - insertion of reference to "other appropriate authorities" and related wording in the list of persons to receive plans and make comments; - deletion of the word "new" in reference to landscaping features; - insertion of a disclaimer of any intention by the Planning Board to usurp the jurisdiction of any other authorities; - insertion of reference to the applicant's responsibility to secure all approvals necessary to the project; Adjourned Subsequent Town Meeting November 18, 1985 insertion of public hearing requirements; There was also discussion as to the need to establish a maximum density. Following input from those present a consensus of opinion was requested. There were: 7 - in favor 1- opposed 1 - abstention On Tuesday, November 12, 1985, the Planning Board, at its regularly scheduled meeting, discussed the suggestions raised at the public hearing and voted unanimously to support the amended motion at Town Meeting. READING PLANNING BOARD Maureen Rich, Chairman John D. Wood,Clerk David A. Devine Michael F. Slezak Sandra J. Trainor ARTICLE 20. On motion of Maureen Rich it was voted that the Zoning By -Laws be amended by adding the following at the end of Section 3.1. District: under the designated columns: Type Full Name Short Name Overlay Municipal Building Reuse District MR 117 voted in the affirmative 4 voted in the negative 2/3 vote required ARTICLE 21. On motion of Maureen Rich it was voted to amend the Zoning By -Laws by adding a Section 3.6.2., as follows: 3.6.2 In addition to the purposes enumerated in Section 1.0, the purpose of the Municipal Building Reuse District is to provide for the conversion of surplus municipal buildings and the land on which they are situated to private use, in a manner which encourages residential development and use, which is compatible with the neighborhood in which it is situated and which fosters flexibility and creativity of development for the public benefit. 120 voted in the affirmative 1 voted in the negative 2/3 vote required ARTICLE 22. On motion of Maureen Rich it was voted to amend the Zoning By -Laws of the Town by adding the following sections, or take any other action with respect thereto: 4.7. MUNICIPAL BUILDING REUSE DISTRICT 4.7.1. USES PERMITTED IN MUNICIPAL BUILDING REUSE DISTRICT: The Municipal Building Reuse District shall be considered as overlying other districts established by this By -Law. Any uses permitted in that portion of the districts so overlaid shall be permitted. In addition, a higher density residential use, including apartments or residential condominiums, may be permitted in such an overlay district under a Municipal Building Reuse Special Permit issued pursuant to Section 4.7.3. 4.7.2. DIMENSIONAL CONTROLS IN MUNICIPAL BUILDING REUSE DISTRICT: Subject to the provisions of Section 4.7.3., buildings in a Municipal Building Reuse District previously owned or controlled by the Town of Reading and existing at the time of the issuance of a Municipal Building Reuse Special Permit may remain and may be rehabilitated and rebuilt in their then location. The dimensional controls and intensity regulations as contained elsewhere in this By -Law shall not apply to such a building and the lot on which it is situated, but changes to the size of the lot or exterior dimensions of such building shall be subject to such dimensional controls and intensity regulations. Adjourned Subsequent Town Meeting November 18, 1985 SI'J 4.7.3. MUNICIPAL BUILDING REUSE SPECIAL PERMIT: The Special Permit Granting Authority may grant a Municipal Building Reuse Special Permit for the rehabilitation and utilization of buildings and the lot on which they are situated in a Municipal Building Reuse District, consistent with the uses permitted in Paragraph 4.7.1., provided that as a result of the Special Permit Process the following criteria are met: (a) Access: There shall be adequate provisions for safe access for pedestrians and motor vehicles and for emergency services to the building and the land on which situated. (b) Parking: There shall be adequate numbers of off - street parking spaces and loading and unloading spaces to conform to the provisions of Section 6.0. and its subsections. Exceptions may be granted by the Special Permit Granting Authority to allow for up to 20 percent of the parking spaces to be lesser in size (8' in width and 12' in length) for compact automobiles. Parking may be located in any yard area approved by the Special Permit Granting Authority. (c) Utilities: The building shall be tied into municipal water and sewer services. All utilities must be adequate to serve the intended use. (d) Site Plan Approval: The Planning Board grants Site Plan Approval (with or without conditions ) pursuant to Section 4.7.5. (e) Signs: All proposed signs shall comply with Section 6.2. and its subsections, excepting that if the building and land on which situated are located in a single family (S -10, S -20 or 5 -40) district, the Special Permit Granting Authority may permit a sign of no larger than 15 square feet which identifies only the building and occupants. (f) Uses: The proposed use is not detrimental to the public good. 4.7.4. SPECIAL PERMIT APPLICATION PROCESS: A person may make application to the Special Permit Granting Authority for a Municipal Building Reuse Special Permit in compliance with all of the conditions contained in Section 4.7.3. Site plan approval must be obtained from the Planning Board under Section 4.7.5. prior to the time when application is made to the Special Permit Granting Authority under this Section. Submitted with the application shall be one or more site plans and specifications, prepared, signed and sealed by a registered land surveyor, registered professional engineer or registered architect which shall indicate the following: (a) The size, dimensions and boundaries of the lot and existing building on that lot. (b) The proposed location and nature of all exterior structural changes intended for the existing buildings on the lot and any accessory buildings. (c) The distance between each structure on the lot and all buildings located within three hundred feet. (d) The proposed parking and driveway layout, including curb -cut locations, profiles and drainage design. (e) Any proposed grade changes to the lot and any retaining wall design. (f) The location of any zoning boundaries and zoning overlay districts on the parcel. (g) The existing and proposed interior layout of all buildings on the lot. (h) A table showing the number of proposed residential units, square feet of floor areas, the number of off - street parking spaces and loading and unloading spaces proposed on the plan. (i) Proposed plantings and landscaping and buffer areas proposed. (j) The drainage design of the proposal, including appropriate calculations. (k) The sewer, water, hydrant and other utilities systems layout designs. (1) The location, size and design of any proposed signs. Adjourned Subsequent Town Meeting November 18, 1985 (m) The proposed exterior lighting. (n) A locus plan showing the location of the lot in relation to the surrounding area. At the time of filing, the applicant shall submit copies of all such plans also to the Planning Board, Board of Health, Board of Selectmen, Board of Public Works, Conservation Commission, Historical Commission, Reading Municipal Light Board, Reading Housing Authority, Fire Chief, Police Chief and other appropriate authorities in order to allow such Boards, Commissions, Committees, Authorities and persons to make appropriate recommendations to the Board of Appeals. 4.7.5. MUNICIPAL BUILDING REUSE SITE PLAN REVIEW: In order to provide also for a detailed design review as to any reuse of municipal buildings located within a Municipal Building Reuse District and for which a Municipal Building Reuse Special Permit is being sought, there shall be a Site Plan Review by the Planning Board. Eight copies of the plans as described in Section 4.7.4. shall be submitted to the Planning Board when application is made for Site Plan Review. The Planning Board shall, as a minimum, take into consideration the following matters: (a) Arrangement, design, appearance and dimensions of proposed building changes, existing and new structures, all exterior lighting, and all screening and landscaping features, including, but not limited to, fences, walls, plantings, drives and walks; (b) The driveway layout, having in mind public safety and convenience and safety of vehicular and pedestrian movement within the site and the relationship to adjacent ways and lands; (c) The configuration of parking spaces in relation to proposed use of the premises; (d) Adequate waste disposal and surface and subsurface water drainage. The Planning Board shall invite the Building Inspector, Conservation Commission, Historical Commission, Board of Public Works, Board of Survey, Board of Health, Police Department, Fire Department and other appropriate authorities to review the proposal and make recommendations to the Planning Board. The Planning Board shall have the power to approve, disapprove, approve with conditions or suggest modifications or recommendations to the plan or to any subsequent reviews to the plan. Any disapproval shall indicate what modifications to the plan would make it acceptable to the Planning Board. This power shall in no way eliminate, decrease, or abrogate the powers of any other board, committee, commission or other authority having legal jurisdiction. It shall be the duty and responsibility of the applicant to secure any and all permits, licenses and approvals necessary to the project. Copies of the detailed decision of the Planning Board shall be transmitted to both the applicant and to the Board of Appeals within 45 days after the Planning Board receives the submission for Site Plan review. 4.7.5.1. Upon submission for site plan review, the Planning Board shall hold a public hearing thereon, within thirty days after the date of submission, advertised in the same manner as public hearings for Special Permits. 120 voted in the affirmative 1 voted in the negative 2/3 vote required ARTICLE 23. On motion of Maureen Rich it was voted to amend the Zoning By -Law and Zoning Map to establish the location and boundaries of the Municipal Building Reuse District and to include within that district, the following described property: Land situated on the westerly side of Sanborn Street and easterly side of Linden Street, Reading, Massachusetts, being bounded and described as follows: Beginning at the southeasterly corner thereof at a drill hole in a capstone on the westerly side of Sanborn Street; THENCE, running westerly by and now or formerly of Luther G. Howard and by land now or formerly of Mrs. Proctor's heirs, two hundred sixty -seven and 4/10 (267.4) feet to Linden Street to a stake in concrete; THENCE, turning and running northerly by Linden Street, two hundred sixty -one and 51100 (261.05) feet to land now or formerly of Adelaide M. Sheak; THENCE, turning and running easterly by land now or formerly of Adelaide M. Sheak and by land now or formerly of Mrs. Bosson, two hundred sixty -eight and 4/10 (268.4) feet to Sanborn Street; Adjourned Subsequent Town Meeting November 18,1985 � 81 THENCE, turning and running southerly by Sanborn Street, two hundred sixty (260) feet to the point of beginning. Being the land shown on a plan of land labeled: "Surveyed for Miss Sheak. Scale 1 in. = 40 ft. April 23, 1904. James A. Bancroft, Surveyor," recorded at the Middlesex South District Registry of Deeds at the End of Book 3093. Containing 69,787 square feet according to said Plan. Said land is also shown as Lot 32 on Reading Board of Assessors' Plat No. 75, shown as containing 69,980 square feet according to said Assessors' Plat 75. Meaning and intending to place within the Municipal Building Reuse District all of that land, with the improvements thereon, currently owned by the Town of Reading and known as the Community Center and numbered 52 Sanborn Street, Reading, Massachusetts and being the same premises acquired by the Town by deed of Adelaide M. Sheak recorded at Middlesex South District Registry of Deeds Book 3093, Page 61. 118 voted in the affirmative 3 voted in the negative ARTICLE 24. The following Report of the Planning Board under Article 24 was presented by Maureen Rich. PLANNING BOARD REPORT 1985 SUBSEQUENT TOWN MEETING Article 24 "For Use" Variance Pursuant to Section 5, Chapter 40A, General Laws, a public hearing on this proposal was held on October 30, 1985, in the Selectmens' Meeting Room, Town Hall, 16 Lowell Street, with Board members John Wood, David Devine and Chairman Maureen Rich present. There were also four concerned citizens present at this hearing. In accordance with Section 11, Chapter 40A, General Laws, the public meeting was published in the Reading Chronicle on Wednesdays, October 16th and 23rd, 1985 and was also posted in Town Hall. The meeting notice was then read into the meeting record by the Clerk. This petition was placed on the 1985 Subsequent Town Meeting Warrant by the Planning Board in response to citizen request. It is the legitimate authority of Town Meeting to authorize changes in the Zoning By- Laws. This power was abrogated to the Board of Appeals by Section 7.4.2.2. of the Zoning By -Laws. At its September 11th, 1985 meeting, the Planning Board unanimously voted to present this Article to give Town Meeting the opportunity to re- examine this issue to determine its present usefulness to the Town. During public hearing testimony, several courses of action were suggested to facilitate better control of zoning within the Town. They included periodic review of variances, regulations concerning information to be presentd when filing for a variance and increasing the Board of Appeals to five members. These suggestions, however, had no bearing on the issue being discussed and were not acted upon by the Planning Board. Following testimony, a consensus of opinion was requested. Results were 1 - in favor 2 - opposed 1 - abstention On Thursday, November 14th, 1985, the Planning Board, at its regularly scheduled meeting voted to support this Article at Town Meeting. READING PLANNING BOARD Maureen Rich, Chairman John D. Wood, Clerk David A. Devine Michael F. Slezak Sandra J. Trainor 1 1 : i -) , "d)OLi { Adjourned subsequent Town Meeting November 18, 1985 ARTICLE 24. The following motion presented by Maureen Rich was voted in the Negative. Moved that the Town vote to amend Section 7.4.2.2. of the Reading Zoning By -Laws by deleting "... including for use . . ." so that 7.4.2.2. will read: "To hear and decide petitions for variances in accordance with Section 10 of Chapter 40A." 101 voted in the negative 9 voted in the positive ARTICLE 25. The following Report of the Planning Board under Article 25 was presented by Maureen Rich. PLANNING BOARD REPORT 1985 SUBSEQUENT TOWN MEETING Article 25 Site Plan Review Pursuant to Section 5, Chapter 40A, General Laws, a public hearing on this proposal was held on October 30, 1985, in the Selectmens' Meeting Room, Town Hall, 16 Lowell Street, with Board members John Wood, David Devine and Chairman Maureen Rich present. There were also four concerned citizens present at this hearing. In accordance with Section 11, Chapter 40A, General Laws, the public meeting was published in the Reading Chronicle on Wednesdays, October 16th and 23rd, 1985, and was also posted in Town Hall. Because the legal notice advertising the public hearing was available to all those attending the public hearing, the Board voted unanimously to dispense with the Clerk's reading of the meeting notice. This petition was placed on the 1985 Subsequent Town Meeting Warrant by the Planning Board as the result of increased pressures and demands of growth and the need for an effective growth management policy. Site plan Review is a tool the Planning Board feels it needs in order to ensure that the Town of Reading develops to its fullest and best potential while maintaining its character. It will give us a way to plan and to preserve. The Planning Board will act as the agent through which all authorities will have input to all phases of a proposal -- before the project commences. Opinion was solicited from other Town Boards, MAPC and Town Counsel. At the public hearing questions were raised regarding the intent of the regulations in the areas of construction and /or alteration costs, required approvals, extent of alterations, and possible application to residential use. Suggestions also included deletion of references to provisions for failure of the Planning Board to act within specified time limits, revision of the section outlining appeal procedures, and addition of a list of authorities to whom information should be submitted. Following input from those present a consensus of opinion was requestd. There were - 3 - in favor 0 - opposed 1 - abstention On Thursday, November 14, 1985, the Planning Board, at its regularly scheduled meeting, discussed the suggestions raised at the public hearing and voted 3 -0 -0 to support the amended motion at Town Meeting. READING PLANNING BOARD Maureen Rich, Chairman John D. Wood, Clerk David A. Devine Michael F. Slezak Sandra J. Trainor ARTICLE 25. On motion of Maureen Rich, as amended by George Hines and Maureen O'Brien, it was voted that the Town amend the Zoning By -Laws by adding in proper numerical location a new subsection 4.3.3. entitled Site Plan Review and reading as follows, or act in any other manner in relation thereto: Adjourned Subsequent Town Meeting November 18, 1985 4.3.3. SITE PLAN REVIEW: No building or other permit, license or approval shall be issued for the construction, expansion or alteration valued at $30,000 or more of the following uses, or relocation of the following buildings or structures, or for the change in use of land and buildings to the following; until a site plan for the lot on which such building or use is, or is proposed to be located, has been submitted and approved as provided herein. (a) Any public or quasi - public, business, service, automotive, industrial, or recreational use. (b) Any apartment, boarding house, roadside stand, or other permitted use substantially similar to the uses specified in subparagraphs (a) and (b) hereof. 4.3.3.1. For buildings and uses specified above and otherwise requiring no special permit, the site plan shall be submitted to the Planning Board, who shall hold a public hearing thereon, advertised in the same manner as public hearings for special permits, and may approve the site plan with or without modifications or, if the site plan is inconsistent with the Zoning By -Laws and duly adopted regulations of the Town of Reading, may disapprove the site plan. The Planning Board must hold a public hearing within thirty days of the filing of a site plan and act within twenty days following the date of the public hearing. 4.3.3.2. For buildings and uses requiring a special permit, the site plan shall be submitted to the Planning Board, and the Planning Board shall, within thirty -five days of filing, submit its recommendations to the Special Permit Granting Authority. If the Special Permit Granting Authority does not follow said recommendations relative to the site plan, it shall, in its decision, state in writing the reasons therefor. 4.3.3.3. The Planning Board shall adopt by a majority vote of its members and may from time to time amend reasonable regulations for the preparation, processing, and review of site plans including without limitations the size or scale, number of copies, information to be displayed or submitted, filing fees to cover the cost of advertising and review, the distribution of copies and the time within which other officials and boards may submit comments, and provisions, including the posting of security, to ensure compliance with conditions of site plan approval. 4.3.3.4. The applicant or other party in interest aggrieved by the action of the Planning Board under 4.3.3.1. may appeal in the manner provided for the appeal of special permit decisions. 4.3.3.5. The site plan shall display or be accompanied by information relative to the location, size, and materials of all building and structures on the lot, including underground utilities, parking, lighting, signs, fences, drainage and landscaping, and the topography, soils, and vegetative cover, including large trees, reasonably necessary to review the effectiveness of site design and its consistency with Town By -Laws, regulations, and standards in the following areas: (a) Convenience, freedom from congestion and safety of vehicular and pedestrian traffic, including parking, access, egress, and circulation, both on the lot and on adjacent ways. (b) Environmental impacts, including the disposal or discharge of solid or liquid waste and contaminants, and the risk of inundation, unsanitary conditions, and of water pollution. (c) Increased adverse impact on adjacent properties and the measures to mitigate such impact, including buffer strips, physical or visual barriers, drainage installation and control of glare, noise, vibration, fumes, smoke, flashing lights, electromagnetic radiation, or the danger of explosion or fire. (d) Adequacy of access by emergency and service or supply vehicles. (e) Provision for light and air, including non - obstruction of solar energy receptors where appropriate. (f) Attractiveness and efficiency of layout for the provision of public services. At the time of filing, the applicant shall submit copies of all such plans and related materials to the Board of Health, Board of Selectmen, Board of Public Works, Conservation Commission, Historical Commission, Reading Municipal Light Board, Reading Housing Authority, Fire Chief, or other appropriate authorities, in order to allow such Boards, Commissions, Committees, Authorities and persons to make appropriate recommendation to r) 8 4 Adjourned Subsequent Town Meeting November 18, 1985 the Planning Board. Eight copies of all plans and related materials shall be submitted to the Planning Board. 4.3.3.6. It shall be the responsibility of the applicant to submit the site plan for review sufficiently in advance of the required time for action on any special permit, building permit or other application to avoid delay or disapproval of such application due to the lack of an approved site plan. 74 voted in the affirmative 26 voted in the negative 2/3 vote required ARTICLE 1. On motion of Paul C. Dustin it was voted to take Article 1 from the table. ARTICLE 1. The following report on the Town Water System, presented by Robert P. Griffin, was accepted as a Report of Progress. Mr. Moderator: Ladies and Gentlemen: The following report contains no technical analysis of the treatment process, no comprehensive assessment of the distribution system, and no prophetic vision of the Town's profile beyond common sense expectations. Rather, the report attempts to provide a concise review of current water related matters and to alert Town Meeting of anticipated needs. Presently, Reading's entire potable water supply is produced from eight (8) active wells, concentrated in the northeast section of the Town. An additional and much needed high -yield well (82 -20) located in the easterly region of our current well- field, is expected to come on -line early in 1986. This will increase the volume available substantially and, perhaps more importantly, will allow the Department greater flexibility in the operation of the other wells - allowing periodic shut -downs for repair and recharge when necessary. However, even though 82 -20 will contribute significantly to the present volume, additional water sources will continue to be investigated. For example, the Department intends to contract for seismic studies to explore additional areas of the Town Forest and Bare Meadow area during FY87. The Water Treatment Plant has been operating with commendable efficiency. Treating Reading's raw water supply is, to say the least, a challenging undertaking. Yet, the Plant is supplying the Town with water of excellent quality. Even when unexpected malfunctions occur, they have been met expeditiously with minimal, if any, impact on the water's quality. The Plant produces an average of 2.8 MGD during periods of normal use. To meet this demand, the plant operates approximately 12 to 16 hours per day with a staff of five workers. During hot weather, when the demand for water is at peak levels, the Plant requires 24 hour operation, taxing both the staff and, often, the available supplies. One note of concern is the sodium level. Since the sodium is a natural constituent of the raw water and the treatment process is not designed to desalinate, we can only address the problem by making every effort to minimize the introduction of additional sodium during the treatment process. In order to deliver water at or close to the level of excellence at which it leaves the Plant, an ambitious and vigorous maintenance schedule has been adopted to keep the distribution system in good operating condition. System flushing is now programmed to assure that troubled areas are flushed annually and that the entire Town system is flushed within a 3 year cycle. Pipe cleaning is performed routinely using the high - pressure poly -pig method; valves and fittings are replaced as the situation warrants, and elimination of dead ends, through looping the system, are sought wherever possible especially when plans for new developments are considered. However, two areas greatly concern the Department: 1.) the water storage tanks are in need of immediate and costly attention, 2.) expected increases in demand in the immediate future will necessitate construction of an additional clear -water well or additional holding tanks for finished water. Future demand, as mentioned frequently in this report, is of major concern to the Department and to the Board. Hypothesizing by using "best guess" estimations to approximate what volume may be demanded in the future, the Department has projected increases in the following areas: no- Adjourned Subsequent `Down Meeting November 18, 1985 - 1.) The number of potential single /double family dwellings within 10 years: Volume added: 120,000 GPD 2.) The demands to meet cluster -zoned areas, e.g., the Adams /Gentile property and, perhaps, the Nike Site: Volume added: 60,000 GPD 3.) Additional condominiums - e.g., at the Bear Hill Site: Volume added: 44,000 GPD 4.) Industrial growth in the John Street /Ash Street area: Volume added: 60,000 - 80,000 GPD 5.) Miscellaneous - e.g. Nursing homes and other potential development: Volume added: 125,000 GPD Should these "guesses" materialize, the additional volume would be added to current residential demand. To meet this demand probably would necessitate operating the Plant on a 24 hour basis with commensurate increases in cost and personnel. Meeting peak demands under such operating conditions would likely require stringent conservation measures being enforced to assure adequacy of supply. Clearly, Reading's water situation from raw supply to sanitary distribution is a fragile system that is precariously balanced. It will require aggressive leadership to stay ahead of demand; careful, daily monitoring to assure quality and to protect the supply, and a Town dedicated to conscientious conservation to meet our needs and the needs of future Readingites. A further step in this direction can be taken with the adoption of the Aquifer Protection Zoning By -Law to be presented to this body. The Board and the Department feel strongly that such a protective By -Law is essential; indeed, we sincerely hope that a broader intercommunity aquifer protection plan will be forthcoming in the near future to extend protection beyond our own borders into the neighboring communities of Wilmington and North Reading in a regional effort to protect irreplaceble aquifer recharge areas. A Task Force sponsored by Representative Beckwith is currenty meeting to this end. Ideally, common interests will override geographic boundaries to assure the safety of the water supplies and provide peace of mind to all involved. ARTICLE 1. On motion of David A. Devine it was voted that the following Report of the Planning Board under Articles 28, 29, 30 and 31, be accepted as a Report of Progress. PLANNING BOARD REPORT 1985 SUBSEQUENT TOWN MEETING Articles 28, 29, 30 and 31 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 28, 29, 30 and 31, which was held on Wednesday, November 4th, 1985, in the Selectmens' Meeting Room, 16 Lowell Street. Members of the Board of Public Works and the DPW presented a proposal to create an Aquifer Protection Overlay District to protect the Town's public water supplies. During the hearing, a number of concerns were discussed and addressed. The Board of Public Works agreed to research the remaining unresolved issues with Town Counsel and other appropriate Officials. A sense of the meeting was taken. There were 11 persons present with: 7 - in favor 0 - opposed 4 - abstentions As a result of the issues raised, the Board of Public Works modified the original motions and presented the information to the Planning Board at their November 12th and 14th meetings. The Planning Board met on Thursday, November 14th, 1985, and after discussion on the modified motions voted as follows: Article 28 3 - in favor I- opposed 1 - abstention Adjourned Subsequent Tbwn Meeting Novenber 18, 1985 Article 29 Article 30 Article 31 3 - in favor 1- opposed 1 - abstension 3 - in favor 1- opposed 1 - abstention 3 - in favor I- opposed 1 - abstention READING PLANNING BOARD Maureen Rich, Chairman John D. Wood, Clerk David A. Devine Michael F. Slezak Sandra J. Trainor ARTICLE 1. On motion of Paul C. Dustin it was voted to lay Article 1 on the table. ARTICLE 28. Robert P. Griffin moved that the Town amend the Zoning Map of the Town of Reading by adopting as Exhibit 5 thereto, the plan entitled "Aquifer Protection Overlay District Map, Town of Reading, Massachusetts" dated September, 1985, consisting of 1 panel of 1, copies of which map is on file with the Town Clerk; and to see if the Town will vote to amend Section 3.2. of the Reading Zoning By -Laws by adding at the end thereof the following language: There shall be appended to the "Reading Zoning Map" as Exhibit 5 the map entitled "Aquifer Protection Overlay District Map, Town of Reading" dated September, 1985 consisting of 1 Panel of 1. This motion was voted in the Affirmative by a UNANIMOUS vote. ARTICLE 29. David A. Devine moved that the Town amend Section 3.1. of the Reading Zoning By -Laws by adding under the appropriate columns the following district: Type Full Name Short Name Overlay Aquifer Protection District AQ This motion was voted in the Affirmative by a UNANIMOUS vote. ARTICLE 30. David A. Devine moved that the Town amend the Reading Zoning By- Laws to add definitions to the definitional provisions for the words "Aquifer" and "Groundwater" and "Hazardous and Toxic" and "Impermeable Surface" and "Leachable Wastes" and "Solid Wastes," by adding new sections 2.2.2.1., 2.2.15.1., 2.2.15.2., 2.2.17.1., 2.2.19.1., and 2.2.28.1., as follows, or take any other action with respect thereto. 2.2.2.1. AQUIFER: Geologic formation composed of rock, sand or gravel, from which significant quantities of potable water may be obtained from wells. 2.2.15.1. GROUNDWATER: All water found beneath the ground surface. The slowly moving subsurface water present in aquifers and recharge areas. 2.2.15.2. HAZARDOUS AND TOXIC: Any solid or liquid substance or combination of substances, including any liquid petroleum product, that, because of quantity, concentration, or physical, chemical or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health if disposed of into or on any land or water in this Town. Any substance deemed a "hazardous waste" in Massachusetts General Laws Chapter 21C, or deemed as toxic or hazardous substance in Massachusetts General Laws Chapter 94B shall also be deemed a hazardous material for purposes of this By -Law. 2.2.17.1. IMPERMEABLE SURFACE: Natural or manmade material on the ground that does not allow surface water to penetrate into the soil. 2.2.19.1. LEACHABLE WASTES: Waste materials, including solid waste and sludge, that are capable of releasing water -borne contaminants to penetrating water derived from rain or snowmelt. n OF- 0 Adjourned Subsequent Town Meeting November 18, 1985 2.2.28.1. SOLID WASTES: Any discarded solid material, putrescible or nonputrescible, consisting of all combustible and noncombustible solid material including, but not limited to, garbage and rubbish. This motion was voted in the Affirmative by a UNANIMOUS vote. ARTICLE 31. David A. Devine moved that the Town amend the Reading Zoning By- Laws by adding the following paragraphs thereto: 4.8. AQUIFER PROTECTION DISTRICTS. 4.8.1. INTENT: The Aquifer Protection District is established for the following purposes: 4.8.1.1. To protect, preserve and maintain the water table and water recharge areas within the Town, so as to preserve present wells and potential future wells in the same aquifer, as sources of water supply for the public health and safety. 4.8.1.2. To protect the community from the detrimental use and development of land and waters within the Aquifer Protection District. 4.8.1.3. To conserve the aquifer areas of the Town of Reading for the health, welfare, and enjoyment of its people. 4.8.2. ESTABLISHMENT: Determination of Boundaries. 4.8.2.1. The Aquifier Protection District is hereby established to include those areas within Reading from which water will flow to the municipal wells, either directly through the groundwater system or indirectly, first, through the surface water system and then through the groundwater system. The district includes all areas delineated on the Aquifer Protection District Map, dated September, 1985, on file with the Town Clerk, Building Inspector, Planning Board, and Reading Department of Public Works. 4.8.2.2. Lots which are divided by the boundary of the district shall be included in the Aquifer Protection District if more than 50 percent of the lot is contained within the district. 4.8.2.3. Where the bounds delineated are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where they should properly be located. At the request of the owner(s) the Town may engage a professional hydrogeologist or soil scientist to determine more accurately the location and extent of an aquifer or recharge area, and may charge the owner(s) for all or part of the cost of the investigation. 4.8.2.4. The Aquifer Protection District is an overlay district and shall be superimposed on the other districts, including the wetlands and floodplains overlay districts, established by the By -Law. No use not permitted in the portions of the districts so overlaid shall be permitted within the Aquifer Protection District. 4.8.3. PERMITTED USES. 4.8.3.1. The following uses are permitted within the Aquifer Protection District, provided that all necessary permits, orders, or approvals required by local, state, or Federal laws are also obtained. 4.8.3.1.1. Conservation of soil, water, plants and wildlife. 4.8.3.1.2. Outdoor recreation, nature study, boating, fishing, hunting where otherwise legally permitted. 4.8.3.1.3. Foot, bicycle and /or horse paths and bridges. 4.8.3.1.4. Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices. 4.8.3.1.5. Maintenance and repair of any existing structure provided there is no increase in impermeable surfaces beyond the limits set forth for development in Section 4.8.3.1.6. y Adjourned Subsequent Town Meeting November 18, 1985 4.8.3.1.6. Development as permitted in the underlying districts, provided that no more than 20 percent of a building lot is rendered impervious. 4.8.3.1.7. Farming, gardening (including organic composting), nursery, conservation, forestry, harvesting and grazing provided that fertilizers, herbicides, pesticides, manure and other leachable materials are not stored outdoors. 4.8.4. PROHIBITED USES. 4.8.4.1. The following uses are prohibited within the Aquifer Protection District: 4.8.4.1.1. Storage or pipeline transmission of petroleum or other refined petroleum products except within buildings it will heat. 4.8.4.1.2. Subsurface disposal of liquid or leachable wastes. 4.8.4.1.3. Sale, use and storage of hazardous and toxic materials. 4.8.4.1.4. Open road salt storage and dumping of salt - contaminated snow. 4.8.4.1.5. Disposal of solid wastes. 4.8.4.1.6. Outdoor storage of fertilizer, herbicides and pesticides. 4.8.4.1.7. Dry cleaning establishments. 4.8.4.1.8. Boat and motor vehicle service, washing or repair establishments. 4.8.4.1.9. Printers' and photographers' establishments. 4.8.4.1.10. Junk and salvage yards. 4.8.4.1.11. Mining of land except as incidental to a permitted use. This motion was voted in the Affirmative by a UNANIMOUS vote. ARTICLE 32. On motion of Nils L. Nordberg it was voted to indefinitely postpone Article 32. ARTICLE 34. On motion of Paul C. Dustin it was voted to indefinitely postpone Article 34. ARTICLE 17. On motion of Douglass L. Barker it was voted to take Article 17 from the table. ARTICLE 17. On motion of Douglass L. Barker it was voted that the Town amend Article VII of the By -Laws of the Town of Reading by adding "Section 6" as follows: Section 6. No person shall refuse entry to any building owned by him, after receipt of written request from the Board of Public Works, to any authorized representatives or employees of the Board of Public Works bearing proper credentials and identification for the purposes of inspection, observation, measurement, sampling, installation and testing of water meters used for the measurement of water supplied by the Board of Public Works. If such entry can not be obtained during normal working hours then, after adequate notice and reasonable attempts to schedule said entry, the owner may be billed an amount established by the Board of Public Works for additional costs incurred by the Board. 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 it was voted that the By -Law Committee be directed to prepare an amendment to the By -Laws which would require that reconsideration of a voted motion may only be moved by a member who voted on the prevailing side and that such amendment be presented at the next Town Meeting. Adjourned Subsequent Town Meeting November 18, 1985 ARTICLE 2. On motion of Paul C. Dustin, it was voted to lay Article 2 on the table. On motion of Paul C. Dustin it was voted that this meeting stand adjourned sine die. Meeting adjourned at 10:35 P.M. 127 Town Meeting Members were present. A true copy. Attest: /Lawrence Drew Town Clerk n ��