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HomeMy WebLinkAbout1978-02-27 Special Town Meeting MinutesI Commonwealth of Massachusetts Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on February 11, 1978, notified and warned the inhabitants of the Town of Reading, qualified to vote in elections and town affairs, to meet at the place and at the time specified by posting attested copies of this Warrant in the following public places within the Town of Reading: Precinct 1. Convenient Food Mart, 1349 Main Street Old Hose House, 1249 Main Street St. Athanasius Church, 300 Haverhill Street Precinct 2. Reading Police Station, 67.Pleasant Street First National Store, 275 Salem Street Anton Cleaners, 47 Harnden Street Precinct 3. Friendly Variety Store, 245 Washington Street Reading Liquors, 345 Main Street Wayside Bazaar, 107 Main Street Precinct 4. Hanson's Service Station, 4 West Street Dragon Corner Store, 206 West Street Spence Farm Market Gardens, 40 West Street Precinct 5. Community Center, 52 Sanborn Street B & M Railroad Station, High Street Joshua Eaton School, 365 Summer Avenue Precinct 6. Fire Station, 267 Woburn Street Housing for the Elderly, 1 Frank D. Tanner Drive Alice M. Barrows School, 16 Edgemont Avenue Precinct 7. Austin Preparatory School, 101 Willow Street Weston's Greenhouses, 9 Auburn Street Town Hall, 16 Lowell Street Precinct 8. Meadowbrook Golf Club, 292 Grove Street Memorial High School, 62 Oakland Road Arthur W. Coolidge Jr. High School, 89 Birch Meadow Drive the date of posting being not less than fourteen days prior to February 27, 1978, the date set for the meeting in this Warrant. I also caused an attested copy of this Warrant to be published in the Reading Chronicle in the issue of February 8, 1978, the same being more than fourteen days prior to the date of said meeting. (s) Sally M. Hoyt Constable of Reading SPECIAL TOWN MEETING Walter S. Parker Junior High School Auditorium February 27, 1978 The meeting was called to order by the Moderator, Kenneth C. Latham, at 8:00 P.M. The invocation was given by the Rev. David Reid of the First Baptist Church, followed by the Pledge of Allegiance to the Flag. The Warrant was partially read by the Town Clerk, when on motion of Richard J. Ogden it was voted to dispense with further reading of the Warrant, except the Constable's Return, which was then read by the Town Clerk. ARTICLE 1. The following report was read by Charles W. Hewitt, Chairman of the Finance Committee: ;,..2 Special Town Meeting February 27, 1978 Finance Committee Report The current state of the Town's finances is as follows: 1. Available Funds Federal Revenue Sharing $116,741 Anti- Recession 3,900 Free Cash 56,876 Overlay Reserve 154,381 Reserve Fund 99,794 Total Available Funds $431,692 2. Reserve Fund Transfers APPROPRIATED $200,000.00 8/9/77 Selectmen - Police Cruisers 830.00 199,170.00 9/20/77 Non - contributory retirement 1,976.16 197,193.84 (cost of living 5 %) 11/1/77 CPA Audit Expense 1,250.00 195,943.84 (upgrade data processing) documentation 1/18/78 Plumbing Inspector's Salary Acct. 1,500.00 194,443.84 (inspector's salary balance of year) 1/18/78 Gas Inspector's Salary Acct. 500.00 193,943.84 1/25/78 Board of Public Works 50,000.00 143,943.84 (snow & ice) 2/2/78 Selectmen - Police 15,000.00 128,943.84 (salary account - overtime) 2/2/78 Selectmen - File 2,500.00 126,443.84 (salary overtime account) 2/16/78 Board of Public Works 19,650.00 106,793.84 (snow & ice) 2/16/78 Conservation 3,000.00 103,793.84 (fees for engineering services) 2/23/78 Selectmen 4,000.00 99,793.84 (police & fire indemnification) 3. Snow and Ice Emergency Financing Snow and Ice Removal Cost to Date $285,457 Original Appropriation $148,350 Reserve Fund Transfers 69,650 Army Corps of Engineers Funding 10,352 Federal Disaster Assistance Funding 26,250 (est.) Charged to FY1979 Tax Levy (est.) 30,855 Total Funding to Date $285,457 This report was accepted as a report of progress. ARTICLE 1. The following report was read by Richard J. Ogden, Chairman of the Board of Selectmen: Progress Report on the Woburn Odor The purpose of this report is to bring town meeting up to date as to what has occurred since the last town meeting. A meeting was held on November 22, J C U Special Town Meeting February 27, 1978 1977, with representatives of the Attorney General's office, the Department of Environmental Quality, engineering representatives of the town of Reading, town counsel, and Mr. D'Annolfo. At this meeting it was agreed: 1. Mr. D'Annolfo will take immediate action to cover the stockpile of animal hides located under the power lines with at least 1 foot of loam. 2. The Attorney General's office will locate and hire an expert to determine the sources and causes of all odors emanating from the site and to propose a solution to the problem. 3. No further excavation whether by purchasers from Mr. D'Annolfo or by Mr. D'Annolfo himself will be allowed until the expert has come up with a solution to the problem. Notwithstanding this agreement, further excavation was performed in early January. On January 11, 1978 we obtained a temporary restraining order issued by the Middlesex Superior Court and on January 25, 1978 a preliminary injunction. The preliminary injunction restrains and enjoins the Trustees from excavating where animal hides are located until such time as the excavation can be accomplished without causing odors and products of decay and decomposition of animal hides. It restrains and enjoins the Trustees from maintaining the stockpile of animal hides in such a manner that the stockpile emanates odors and products of decay and decomposition of animal hides. It restrains and enjoins the Trustees from excavating on the property. The odor returned late last week. On Friday Mr. Nugent of the Board of Health visited the site and determined that excavation was being performed in the area of the animal hides. Mr. Nugent called Mr. D'Annolfo who indicated that he had had an inexperienced operator in the area who had excavated in the area of the hides by error. Mr. D'Annolfo had terminated the excavation in this area. We intend to pursue this matter further. Mr. Nugent returned to the site today (February 27, 1978) and determined that no excavation was taking place. We have instructed town counsel to go to court seeking a contempt citation if further excavation takes place. Further, the Conserva- tion Commission has agreed to assist the Board of Selectmen and the Board of Health in this matter. This report was accepted as a report of progress. On motion of Richard J. Ogden it was voted to lay Article 1 on the table. ARTICLE 2. On motion of Richard J. Ogden it was voted to lay Article 2 on the table. ARTICLE 3. On motion of James J. Sullivan, Jr. it was voted that the sum of Eight Thousand Dollars ($8,000) be transferred from the Federal Revenue Sharing Fund (P.L. 92 -512) and appropriated to Fire Department Salaries. On motion of Richard J. Ogden it was voted that this meeting stand adjourned until after the Special Town Meeting scheduled for this time. Meeting adjourned at 8:30 P.M. A true copy. Attest: Lawrence Drew Town Clerk SPECIAL TOWN MEETING Walter S. Parker Junior High School Auditorium February 27, 1978 The meeting was called to order by the Moderator, Kenneth C. Latham, at 8:30 P.M. The Warrant was partially read by the Town Clerk, when on motion of Richard J. Ogden it was voted to dispense with further reading of the Warrant, except the Constable's Return, which was then read by the Town Clerk. ARTICLE 1. On motion of Richard J. Ogden it was voted to lay Article 1 on the table. Ala ARTICLE 2. On motion of Richard J. Ogden it was voted to lay Article 2 on the table. On motion of Richard J. Ogden it was voted that this meeting stand adjourned until 8:00 P.M. on March F, 1978, to meet in the [A?. S. Parker Junior High School Auditorium. Meeting adjourned at 8:35 P. M. 133 Town Meeting members were present. A true copy. Attest: Lawrence Drew Town Clerk ADJOURNED SPECIAL TOWN MEETING Walter S. Parker Junior High School Auditorium February 27, 1978 The meeting was reconvened by the Moderator at 8:36 P.M. ARTICLE 4. On motion of Frank A. Smith, Jr. it was voted that the sum of Twenty -three Thousand Five Hundred and Nine Dollars and twenty -four cents ($23,509.24) be transferred from the Federal Revenue Sharing Fund (P.L. 92 -512) and appropriated to the Group Insurance Account. ARTICLE 5. To see what sum the Town will raise by borrowing or from the tax levy, or transfer from available funds, or otherwise and appropriate, for the purpose of Snow and Ice Removal or what it will do in relation thereto. On motion of Paul C. Dustin it was voted that this article be indefinitely postponed. On motion of Maureen T. O'Brien it was voted to take Article 1 from the table. ARTICLE 1. The following report was read by Maureen T. O'Brien, chairman of the Planning Board: Planning Board Report Pursuant to Chapter 40A Section 6 of the General Laws, a Public Hearing was held at the Community Center on Wednesday, February 15, 1978 at 8:00 P.M. regarding the proposed revised text of the Zoning By -laws of the Town of Reading and twenty -one amendments to that revised text if adopted. The Hearing was very poorly attended. Only nine (9) persons were present in the audience including two members of the Junior High School Class. The majority of the articles presented received no comment. A few engendered mild discussion and opposition. Given the input the Planning Board received at the Hearing, it was voted at the Planning Board Meeting of February 21, 1978 to make the following recommendations: Article 6 - Substitution of a revised text for the entire existing text, including changes mandated by statute. The revised text is entitled "TOWN OF READING ZONING BY- LAWS" dated December 12, 1977. Adoption is recommended because of the improvements of clarity and format and inclusion of those changes mandated by Chapter 808, the new State Zoning Law. No opposition had been voiced. (Article 7 through 27 are proposed amendments to the revised text.) Adjourned Special Town Meeting February 27, 1978 Article 7 - New definition of 'building' and adding definition of 'structure'. Adoption is recommended because this article removes confusion in the interpretation of the present definition of "Building" in the current Zoning By -Laws. No opposition to this amendment was voiced at the Hearing. Article 8 - New definition of 'sign' and prohibition of off premises signs. Adoption is recommended because the present sign definition is too limited. No opposition to this amendment was voiced at the Hearing. Article 9 - Permitting Industrial Uses in Industrial Districts. Adoption is recommended because it eliminates an oversight caused by a technical error and allows the uses intended in our industrial district. No opposition was voiced at the Hearing. Article 10 - Permitting Public Buildings and Public Utilities in Business C and Industrial Districts. Adoption is recommended. Here, too, intended uses for Business C and Industrial Districts would be allowed. No opposition was voiced at the Public Hearing. Article 11 - Permitting accessory Retail sales in Business A, Business B and Industrial Districts. Adoption is recommended. This would allow Businesses to engage in accessory retail sales in Business A and B and Industrial Districts similar to what is now allowed in Business C. No opposition was voiced at the Hearing. Article 12 - Permitting accessory manufacturing and industrial uses in Business C Districts. It was voted to indefinitely postpone this article. Article 13 - Increasing area requirements to 5,000 sq. ft. and frontage requirements to 50 ft. for non - conforming lots. Adoption is recommended, because this article would eliminate a 35 year old By -law and bring small old lots into closer conformity to the dimensional requirements of our Zoning By -laws. This article received opposition from one person attending the Hearing. The Board still feels it is in the Town's best interest to adopt this amendment. Article 14 - New definition of 'home occupation', adding regulation of accessory Consumer service uses, and adding maximum floor area of accessory uses in Residence Districts. Adoption is recommended. While there was no opposition to this By -Law Amendment prior to or at the Public Hearing, people have voiced opposition since. The Board still feels the present By -Law on accessory uses is so broadly written as to leave room for too much interpretation. The many complaints the Board has received regarding accessory uses mandated a stricter interpretation of this By -law. The Board is, therefore, recommending its adoption. Article 15 - New regulation of garages, adding regulation of vehicle sizes and new parking requirements in Residence Districts. Adoption is recommended. This amendment would add additional regulations regarding the size of a truck parked in a residential district and parking requirements. This By -law did receive opposition at the Public Hearing. However, this is again a problem brought to the attention of the Board by citizens in the Town and since the regulations are no stricter than those currently in use in other towns, it was felt that the best interests of the Town and citizens of Reading would be served by adoption of this amendment. Article 16 - Adding regulation of open storage of firewood in Residence A Districts. Adoption is recommended. This amendment would allow one form of open storage in Residence A districts, that of firewood. There was no opposition voiced at the Public Hearing. Adjourned Special Town Meeting February 27, 1978 Article 17 - Adding regulations regarding number and illumination of signs in Residence Districts. Adoption is recommended. There was no objection voiced at Public Hearing to this article. Article 18 - Substituting a new 'Purpose' section. Adoption is recommended. This proposed "Purpose" more clearly defines the goals of Zoning as a method of regulating land use. No opposition was voiced at the Public Hearing. Article 19 - Prohibiting Use variances. Adoption is recommended. This article would eliminate use variances. All changes in uses in any district would need a 2/3 vote of Town Meeting for approval. No objection was voiced at Public Hearing. Article 20 - Increasing maximum fine for Zoning violations. Adoption is recommended. Opposition was voiced as to the amount of money involved in the fine. The Planning Board felt that since the wording was "up to $100 per day" and the fine was levied by the court, the Building Inspector would have to have • clear cut case of great magnitude before an impartial judge would levy so heavy • fine. The Board also felt that the heaviest fines allowed should be set for those would would violate the By -laws. Article 21 - Deletion of a provision relating to the use of the B & M R.R. right of way. Adoption is recommended. This article received no opposition at the Public Hearing. Article 22 - New rules for interpretation of the Zoning Map. Adoption is recommended. This article would eliminate any confusion as to where boundary lines fall along the railroad right of way. No opposition was voiced at the Public Hearing. Article 23 - New definition of 'apartment'. Adoption is recommended. This article would place all possible apartment dwellings within the jurisdiction of the Zoning By -laws. No opposition was voiced at the Public Hearing. Article 24 - New definition of 'family'. Adoption is recommended. No opposition was voiced at the Public Hearing. Article 25 - Adding definition of 'frontage'. Adoption is recommended - no opposition to this amendment was received at the Hearing. Article 26 - Changing minimum lot for Other Permitted Principal Uses in Residence A -1 Districts. Adoption is recommended. This amendment would set the minimum lot requirement at 20,000 sq. ft. The Zoning By -laws presently sets the minimum at 10,000 sq. ft. The Board feels this lot size in inadequate to meet all the requirements of yards and parking for quasi - public use facilities. No opposition was voiced. Article 27 - Deleting provision in conflict with State Building Code. Adoption is recommended so that our Zoning By -laws will not be in conflict with the State Building Code and remain a viable B -law. Accordingly the Planning Board urges Town Meeting's acceptance of the above changes. Respectfully submitted, Maureen T. O'Brien, Chairman Charles Keller George Hines Joseph Sturm Gayliss Paynter This report was accepted as a report of progress. 91 Adjourned Special Town Meeting February 27, 1978 On motion of Richard J. Ogden it was voted to lay Article 1 on the table. Maureen T. O'Brien ARTICLE 6. On motion of /fit was voted to amend the Zoning By -Laws to bring it into conformance with the nelk Zoning Act, by deleting the entire text and substituting a revised text, entitled "TOWN OF READING ZONING BY- LAWS ", dated December 12, 1977, copies of which have been distributed to all Town Meeting Members and made available for public inspection at the Office of the Town Clerk, the Planning Board office, the Library and at this meeting, excluding only marginal references and three unnumbered pages labeled "REFERENCES - THIS PAGE IS NOT PART OF THE BY- LAW ", with the following technical and typographical corrections in the revised text: in Paragraph 4.1.2, by spelling the word "Maine" in the phrase 'Boston & Maine Railroad' with an e, in Paragraph 5.3.2.1, by striking the lines entitled "Residence B ", Residence "B -1 ", "Business A ", "Business B ", "Business C" and "Industrial ", and in Paragraph 6.2 by correcting the title of the Paragraph to read 'Signs' in the plural. 121 voted in the affirmative 0 voted in the negative 2/3 vote required ARTICLE 7. On motion of George V. Hines as amended by Marvin M. Rosenthal it was voted that the Town amend the Zoning By -laws: a) By deleting paragraph 2.2.5 and substituting therefor a new paragraph 2.2.5 as follows: 2.2.5 BUILDING: A structure enclosed within exterior walls whether portable or fixed, having a roof or other coverings for the shelter of persons, animals or property. b) By inserting after paragraph 2.2.28.2 a new paragraph 2.2.29 as follows: 2.2.29 STRUCTURE: Materials assembled at a fixed location to give support or shelter, such as a building, framework, wall, tent, reviewing stand, platform, or the like. 110 voted in the affirmative 8 voted in the negative 2/3 vote required ARTICLE 8. On motion of Maureen T. O'Brien it was voted that the Town amend the Zoning By -laws: a) By deleting paragraph 2.2.28 and substituting therefor a new paragraph 2.2.28, as follows: 2.2.28 SIGN: Any work, number, emblem, picture, design, trademark or other device to attract attention. b) By inserting after paragraph 6.2.1.1, a new paragraph 6.2.1.2, as follows: 6.2.1.2 Signs shall relate to the premises on which they are located and shall only identify the occupant of such premises, the services available, hours of operation, the products sold and their respective trade names. 109 voted in the affirmative 12 voted in the negative 2/3 vote required Adjourned Special Town Meeting February 27, 1978 9 ARTICLE 9. On motion of Maureen T. O'Brien it was voted that the Town amend the Zoning By -laws to permit certain Industrial Uses in the Industrial Districts which are now prohibited, by amending paragraph 4.2.2, Table of Uses by deleting "no" and substituting therefor "yes" in the "IND" column in the lines entitled "Research & Development ", "Computer Services ", "Laboratories ", "Publishing and Printing ", and "Communication Facilities ". 121 voted in the affirmative 0 voted in the negative 2/3 vote required ARTICLE 10. On motion of George V. Hines it was voted that the Town amend the Zoning By -laws to permit Public Buildings and Public Utilities in Business C and Industrial Districts, where they are now prohibited, by amending paragraph 4.2.2, Table of Uses, by deleting "no" and substituting therefor "yes" in the "BUS C ", and "IND" columns in the lines entitled "Public Buildings" and "Public Utilities ". 121 voted in the affirmative 0 voted in the negative 2/3 vote required ARTICLE 11. On motion of Maureen T. O'Brien it was voted that the Town amend the Zoning By -laws to permit accessory retail sales where such activities are permitted as principal uses, by amending paragraph 4.2.2, Table of Uses, under the heading "Accessory Uses ", by deleting "no" and substituting therefor "yes" in the line entitled "Other retail sales" in the columns entitled "BUS A", "BUS B" and "IND ". 113 voted in the affirmative 1 voted in the negative 2/3 vote required ARTICLE 12.To see if the Town will vote to amend the Zoning By -laws to permit accessory manufacturing and industrial uses where industrial activities are permitted as principal uses, by amending paragraph 4.2.2 "Tables of Uses" under the heading "Accessory Uses ", by deleting "no" and substituting therefor "yes" in the line entitled "Manufacturing & industrial" in the column entitled "BUS C ", or take any other action with respect thereto. On motion of Maureen T. O'Brien it was voted that this Article be indefinitely postponed. On motion of Richard J. Ogden it was voted that this meeting stand adjourned until Monday, March 6, 1978, after the Special Town Meeting scheduled for 8:00 P.M., to meet in the Parker Junior High School Auditorium. Meeting adjourned at 11:05 P.M. 133 Town Meeting members were present. A true copy. Attest: Lawrence Drew, Town Clerk ADJOURNED SPECIAL TOWN MEETING SCHEDULED FOR 8:00 P.M. W. S. Parker Junior High School March 6, 1978 The meeting was called to order by the Moderator, Kenneth C. Latham, at 8:00 P.M. The invocation was given by the Rev. Richard M. Woodman of the Unitarian Universalist Church, followed by the Pledge of Allegiance to the Flag. Town Meeting Members observed a moment of silence in memory of two of their members who have passed away recently: Robert W. Shannon Ara A. Karakashian On motion of Richard J. Ogden it was voted to take Article 1 from the table.