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HomeMy WebLinkAbout2011-11-17 Subsequent Town Meeting MinutesSUBSEQUENT TOWN MEETING Reading Memorial High School November 17, 2011 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:39 PM, there being a quorum present. Meeting started with the Pledge of Allegiance to the Flag. David Mancuso, Precinct 4 moves to take Article 27 out of order. Motion to Take Article 27 Out of Order Carried ARTICLE 27: David Mancuso, Precinct 4 moved that the Town vote to amend Section 7.2, Demolition of Structures of Potentially Historical Significance, of the Reading General Bylaw, as follows (all section numbers are in accord with the proposed recodified General Bylaw): by inserting the following new sections: Stephen Goldy moved to dispense with the further reading of the motion Motion to Dispense Carried 7.2.3.7 Appeal Within seven (7) business days of the Commission's determination that a structure is a Preferably Preserved Historic Structure pursuant to Section 7.2.3.6 hereof, the property owner may appeal the determination to the Board of Selectmen by filing a written request for review with the Board of Selectmen. The request for review shall be received by the Board of Selectmen and the Town Clerk's Office within seven (7) business days of the date of the Commission's determination and a copy of the request shall be provided to the Building Commissioner and the Commission. The Board of Selectmen shall hold a public hearing and issue its determination within forty -five (45) business days from the date of said Commission's determination. Public notice of the time, place and purpose of the hearing shall be posted in a conspicuous place at Town Hall and published in a local newspaper not less than seven (7) business days prior to the date of the scheduled public hearing. Said notice shall identify the street address of the subject Building. A copy of the public hearing notice shall be mailed to the Applicant and record owner if different from the Applicant, the Building Commissioner and Commission; 7.2.3.8 Certificate of Hardship In the event of an application for a Certificate of Hardship, the Commission shall determine whether, owing to the conditions especially affecting the building or structure involved, failure to approve an application will result in a substantial hardship, financial or otherwise, to the applicant and whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this bylaw. If the Commission determines that owing to such conditions failure to approve an application will involve substantial hardship to the applicant then approval thereof may be made to authorize the Building Inspector to approve the application for demolition of said property; and by renumbering the current Sections 7.2.3.7 as Section 7.2.3.9, or take any other action in respect thereto. Background: The sponsors of this Article support the desire by the town to preserve the historical character of its older structures balanced against the rights of private property owners to maintain and improve their buildings to meet their needs. The Reading Historical Commission Bylaws currently do not allow private property owners a means to appeal property assignments to the list of Structures of Potentially Historical Significance as other 2011 Subsequent Town Meeting Commonwealth communities provide. This Article proposes changes to the Reading Bylaw that reconcile the Town's desire to encourage preservation with the acknowledgement of property owner fundamental rights to due process and appeal. Where land use dispute / appeals are properly addressed by the Board of Appeals, the review of appeals revolving around private property rights vs. Town interests support a senior appeals path to the elected Board of Selectmen, providing objective interpretation of community standards. This Article also adds the existing State language entitling property owners to pursue exemptions from property inclusion on the list of Structures of Potentially Historical Significance due to personal hardship, financial or otherwise. (M.G.L c.40C, sec. 10(c) of the Historical District Act). The addition of this language into Town bylaws is intended to make citizens aware of these pre- existing rights. Town Counsel has advised that the motion under this article should omit the language in proposed section 7.2.3.8 that references MGL c 40 S 10(s), and the language regarding affecting the District generally so that that paragraph reads as follows: 7.2.3.8 Certificate of Hardship Pursuant to M.G.L. c.40C, §10(c), in the event of an application for a Certificate of Hardship, the Commission shall determine whether, owing to the conditions especially affecting the building or structure involved, but not affecting the District generally, failure to approve an application will result in a substantial hardship, financial or otherwise, to the applicant and whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this bylaw. If the Commission determines that owing to such conditions failure to approve an application will involve substantial hardship to the applicant then approval thereof may be made to authorize the Building Inspector to approve the application for demolition of said property; and Presentation given by: ♦ David Mancuso ♦ Mark Cardono — See Attached Board of Selectmen Report: No report Finance Committee Report: No report Bylaw Committee Report - given by Philip Pacino: The Bylaw Committee feels that the changes to the Historical Demolition Bylaw as set forth in this Article are flawed. The Bylaw Committee feels that the stated intent of the petitioners has not been met by the proposed wording of the article. The Bylaw Committee strongly states that the intent and the wording of the Article should be deferred by Town Meeting at this time and that the intent should be reworked. The Bylaw Committee further strongly suggests that any reworking of this article be done in conjunction with all interested parties particularly the Historical Commission. The Bylaw Committee does not recommend this Article by a vote of 0 -5 -0. After discussion by Town Meeting Members Motion made by Russ Graham, Precinct 4 to move the question 2/3 Vote required 89 Voted in the affirmative 18 Voted in the negative 123 Town Meeting Members in Attendance Motion to Move Question Carried Motion made by Mark Cardono, Historical Commission to indefinitely postpone 2011 Subsequent Town Meeting Motion to Indefinitely Postpone Carried ARTICLE 19: Philip Pacino, Bylaw Committee moved that the Town vote to approve the recodification of the Reading General Bylaw dated July 6, 2011 pursuant to Section 8.9 of the Reading Home Rule Charter, or take any other action with respect thereto. Background: Section 8 -9 of the Reading Home Rule Charter, requires that the Bylaw Committee present to Town Meeting not less than every 10 years, proposed revisions or recodification of the bylaws of the Town. A public Hearing on the bylaw recodification was held on July 6, 2011, and the following report of the Bylaw Committee was presented at that time. Section 8 -9 (Reading Home Rule Charter): Reenactment and Publication of Bylaws Within one (1) year of the adoption of this Charter and at intervals of not more than ten (10) years thereafter, proposed revisions or recodification of the bylaws of the Town shall be presented to Town Meeting by the Bylaw Committee. At least four (4) months prior to the Town Meeting at which action under this section is to be taken, the Committee shall cause to be published in a local newspaper: (a) a report summarizing its recommendations and noting the times and places within the Town where complete copies of the report shall be available for inspection by the public, and (b) the date, time and place not less than two weeks following such publication when a public hearing shall be held by the committee on the preliminary report. The General Bylaw of the Town was last re- codified in 1988, shortly after the Reading Home Rule Charter was adopted. The intent of recodification is not to make substantive changes to the General Bylaw, but to make sure that the General Bylaw is simple to read and understand, and internally consistent and accurate. Since the winter of November 2010, the Bylaw Committee (together with Town Counsel, the Town Clerk, and the Town Manager) met 8 times and developed a new, easier to read, standardized version of the General Bylaw. The details of this draft are available in hard copy at the Library and Town Clerk's office, and electronically on the Town's web site at www.readingma.gov. In proceeding with this recodification, the Bylaw Committee had several specific goals in mind: ♦ Improve the organization of the General Bylaw - It is clear that the existing bylaws have been amended in sequential order without any particular attention to organizing the sections by subject matter. The "Public Order" article seems to eclipse the others. ♦ Improve the formatting — Make the General Bylaw more user friendly; easier to read; simpler (there are too many subsections in some portions of the bylaw); more compact (narrower margins mean less paper is used); add a robust index (not part of the adopted bylaw, but as a useful tool); and keep the chronology (also not part of the adopted bylaw, but as an additional tool). ♦ Standardize terms within the General Bylaw to the extent practical. The Bylaw Committee has had some definite ideas as to how to spell and reference certain terms. Town Counsel has reviewed those to ensure conformance with standard practice. Examples of now standardized terms include: the spelling and capitalization of "bylaw ", references to the state statutes as "M.G.L. ", and the consistent use of other common terms. In addition, there are a number of sections with common language, and some sections where the language is similar. The Bylaw Committee has attempted to organize the bylaw so that that the common language is standardized, and included only once in the bylaw. ♦ Review the bylaw for content. Each of the bylaw sections was reviewed in an effort to determine what, if any, changes are needed. The following are examples of some of those changes: ♦ What can be "re- codified" as is — (Wetlands) 2011 Subsequent Town Meeting ♦ What needs to be modified — (Personnel) ♦ What needs to be removed — (Building Code) ♦ What needs to be added — (table in section 1.7 that shows who enforces non - criminal disposition and what the fines are) The following is a summary of the detailed work included in the proposed recodification: Organization: Following its review of best practices in the Commonwealth, the Bylaw Committee recommends reorganizing the General Bylaw into 8 Articles: ♦ General Provisions ♦ Town Meeting ♦ Town Offices and Town Officers ♦ Personnel ♦ Conduct of Town Business ♦ Financial Procedures ♦ Regulation on the Use of Land ♦ Public Order Inclusion of all previous sections: The Bylaw Committee retained all of the previous sections of the General Bylaw (but reorganized many of the provisions into new sections), except for the following sections which have been deleted: ♦ Laundromat Licenses — staff has determined that there is no reason for such a license ♦ Underground Petroleum Storage License — This bylaw was rescinded by Town Meeting at the 2011 Annual Town Meeting ♦ Gas Inspector section — not necessary — no other such positions are included in the bylaw ♦ Building Code — not necessary — there is a state building code and the Town may not vary from that ♦ Municipal Data Processing Center — no longer needed — this was required in pre- Charter days ♦ Conflict of Interest section - eliminated because the state statute, M.G.L. c.268A, applies Summary of Changes: Article 1: General Provisions ♦ Added some definitions from the detailed bylaw sections to create a general definition section ♦ Standardized the non - criminal disposition section as section 1.7 from different language in various sections of the bylaw, and inserted a chart that contains the bylaw section, enforcing agent, and fines (fines are specified in accordance with state statute) Article 2: Town Meeting ♦ No substantive changes Article 3: Town Offices and Town Officers ♦ Eliminated the section on the Gas Inspector— not necessary ♦ Standardized the section on the general standards for Appointed Boards, Committees, and Commissions ♦ Eliminated Municipal Data Processing Center — no longer needed — this was required in pre - Charter days ♦ Eliminated the Conflict of Interest section because M.G.L. will apply Article 4: Personnel ♦ No substantive changes Article 5: Conduct of Town Business ♦ Removed a number of sections and put them in another section of the bylaw ♦ Modified the sections on Rules and Regulations to reflect current practice Article 6: Financial Procedures ♦ No substantive changes Article 7: Regulation on the Use of Land 2011 Subsequent Town Meeting ♦ This is a new article compiled of sections from various other sections of the previous bylaw ♦ Removed details of non - criminal disposition from individual sections and inserted them in the first article ♦ Eliminated underground petroleum storage licensing article ♦ Eliminated laundromat licensing and reference to the Gas Inspector position — not necessary — no other such positions are indicated ♦ Eliminated reference to the Building Code — not necessary — there is a state building code and the Town may not vary from that Article 8: Public Order ♦ Rewrote the section on Anti - Litter to simplify it but retained the intent of the existing bylaw ♦ Rewrote the section on News Racks but retained the intent of the existing bylaw Presentation given by: ♦ Peter Hechenbleikner — See Attached Board of Selectmen Report: No report Finance Committee Report: No report Bylaw Committee Report -given by Philip Pacino: The Bylaw Committee over the last year has spent considerable time and effort to recodify the General Bylaws in conjunction with the Town Manager, Town Clerk and Town Counsel. The details and specific goals are detailed above under the background. It is the feeling of the Bylaw Committee that the recodified General Bylaw project resulted in a set of General Bylaws that should be easier to work with by Town officials, Town staff and other users of this Bylaw. The Bylaw Committee recommends this Article by a vote of 3 -0 -0. Motion Carried ARTICLE 20: Stephen Goldy, Board of Selectmen moved that the Town vote to approve an amendment to the Table of Organization dated September 20, 2011 pursuant to Section 6 -1 of the Reading Home Rule Charter, or take any other action with respect thereto. Background: The following information in italics is the portion of the Reading home Rule Charter that addresses the creation of the Administrative Code (Table of Organization) for the municipal government. The current Table of Organization was approved in April 2002. A copy of it is enclosed in the appendix to this report. Since that time the community has gone through many changes and has had to modify the way it is organized to do business in order to remain as efficient and effective as possible. On September 20, 2011 the Board of Selectmen held a public hearing on the proposed amendments to the Table of Organization and adopted it. The new Table of Organization (it is included in the appendix to this report) reflects the organization of the functions of municipal government in Reading as they have been modified over recent years. There are no new departments, nor are any eliminated. The divisions are merely rearranged for maximum efficiency. Town Meeting may vote only to disapprove the Table of Organization as it is presented — they may not modify it. Section 6 -1: Creation of Departments, Agencies and Offices The organization of the Town into operating agencies shall be accomplished through the establishment of an Administrative Code, either by adoption of a bylaw or by the adoption of a Table of Organization, both as provided in this section: 2011 Subsequent Town Meeting (a) Bylaws - Subject only to express prohibitions in the Constitution, the General Laws or the Charter, the Town Meeting may, by bylaw, approve the reorganization, consolidation, or abolishment of any Town agencies, in whole or in part, and the establishment of such new Town agencies as it deems necessary or advisable. It may prescribe the functions of any Town agency. (b) Table of Organization — Subject only to express prohibitions in the Constitution, the General Laws or the Charter, the Board of Selectmen, after consultation with the Town Manager, may from time to time, prepare and submit to the Town Meeting for approval a table of organization or reorganization, or amendments to any existing table of organization for the orderly, efficient or convenient conduct of the business of the Town. The administrative code may reorganize, consolidate or abolish any Town agencies in whole or in part and establish such new Town agencies as it deems necessary or advisable. It may prescribe the functions of any Town agency and, for such purpose, transfer the powers and duties and, so far as is consistent with the use, for which the funds were voted by the Town, transfer the appropriations of one Town agency to another. However, no function assigned by the Charter to a particular Town agency may be discontinued, or unless the Charter specifically so provides, assigned to any other. Whenever the Board of Selectmen prepares such a bylaw or table, the Board shall hold one or more public hearings on the proposal giving notice by publication in a local newspaper not less than seven (7) days in advance, which notice shall describe the scope of the proposal and the time and place at which the hearing shall be held. Following such public hearing the Board of Selectmen shall submit to the Town Meeting, by Warrant Article, its proposed Administrative Code which it may have modified subsequent to the public hearing. An administrative code shall become effective at the expiration of ninety (90) days following the date of the Town Meeting at which the proposal is submitted, unless the Town Meeting shall, by a majority vote within that time, vote to disapprove the code. The Town Meeting may vote only to approve or disapprove the administrative code and may not vote to amend or alter it, except that a substitute motion may be moved by a majority of the Board of Selectmen. Section 6 -2: Publication of Administrative Code and Table of Organization For the convenience of the public, the administrative code, if adopted as a Table of Organization, shall be printed as an appendix to, but not an integral part of, the bylaws of the Town. The Table of Organization shall also be published annually in the Town Report. Presentation given by: ♦ Peter Hechenbleikner — See Attached Board of Selectmen Report — given by Stephen Goldy: The Board of Selectmen held a hearing on the proposed amendments to the Table of Organization on September 20, 2011, and approved the Table of Organization as presented by the Town Manager. The previous Table of Organization was approved in April 2002, and there have been a number of organizational changes since then. The new Table of Organization reflects the way the Executive Branch of Town Government is currently organized, and much of this is based on budgets approved by Town Meeting. Finance Committee Report: No report Bylaw Committee Report - given by Philip Pacino: Th e Organization be adopted so as to reflect the current Committee recommends this Article by a vote of 3 -0 -0. After discussion by Town Meeting Members Motion Carried 2011 Subsequent Town Meeting Bylaw Committee recommends the Table of operating structure of the Town. The Bylaw ARTICLE 21: James Bonizoli, Board of Selectmen moved that the Town vote to amend Section 4.8, Aquifer Protection District, of the Town of Reading Zoning By -Laws, in the following respects (note — srsss thrsug# represents language to be eliminated and bold represents new language): by amending Section 4.8.3. Definitions: as follows: Stephen Goldy moved to dispense with the further reading of the motion Motion to Dispense Carried Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation of surface water to penetrate directly into the soil. Impervious surfaces shall include all roofs, decks, driveways, parking areas, roadways and walkways, regardless of the proposed surface material. Excluded from this definition are decks that are constructed with open joints between the floorboards, and where the surface underneath the deck is not impervious; by deleting Sections 4.8.6.1.9 and 4.8.6.1.10 in their entirety, and inserting in place thereof the following new sections: 4.8.6.1.9 Land uses that result in the rendering impervious of more than 15% or 2,500 square feet of any lot or parcel, whichever is greater, unless a system of artificial recharge of precipitation is provided; 4.8.6.1.10 When artificial recharge is required to meet the limitation established in Section 4.8.6.1.9, a system for the recharge of precipitation shall be provided that will not result in the degradation of groundwater quality. Recharge plans shall comply with the DEP Stormwater Guidelines and shall be submitted to the Town Engineer for review and approval; by inserting a new Section 4.8.7 as follows: 4.8.7. Nonconforminq Uses and Structures Non - conforming uses and structures which were lawfully existing, begun or in receipt of a building or special permit, prior to the first publication of notice of public hearing for this bylaw may be continued. If such non - conforming uses and structures are changed, extended or altered, as specified in M.G.L. c. 40A, §6 and Section 6.3 of this bylaw, then the use or structure as changed, extended or altered must comply with this bylaw. by inserting a new Section 4.8.8 as follows: 4.8.8 No Variance Permitted No variances shall be granted from the provisions of this bylaw Section 4.8. by inserting a new Section 4.8.9 as follows: 4.8.9 Administration /Rules and Regulations This bylaw shall be administered by the Community Planning and Development Commission which shall also have the authority to adopt rules and regulations governing the design of infiltration systems required herein; by renumbering the current Section 4.8.7 as 4.8.10, or to take any other action with respect thereto 2011 Subsequent Town Meeting Background: In submitting the FY 2012 Budget, the Town Manager proposed additional actions that would "simplify and /or reduce regulation, make shared or regional efforts more feasible, and advance efficiency and effectiveness of Town government as a customer driven organization." One such area that is recommended is to simplify the Aquifer Protection District (APD) section of the Zoning bylaw, making it simpler for property owners to make improvements to their property while at the same time protecting the quality and quantity of ground water recharge in this area of the Community. The existing APD ♦ limits the impervious portions of a lot to 15% of the total lot area, ♦ with ground water recharge, the percentage of impervious cover could increase up to 20 %. ♦ These standards exceed the state standards in one very important way — under the state standards, there is no limit of the maximum percentage of lot coverage as long as the increase in coverage is supported by ground water recharge improvements. Simply stated, this bylaw amendment will: ♦ Simplify the regulations by clarifying the by -law; ♦ Provide added flexibility by changing the threshold requirement for a recharge system to the State regulations (either 15% coverage or 2500 square feet). Currently Reading's By -Law does not include the 2500 square feet provision; ♦ Utilize the CPDC to administer the by -law and adopt rules and regulations related to design of infiltration systems; Under the proposed amendments to the APD bylaw, the base level of impervious surface remains the same, but there is no upper limit other than whatever an engineering study determines that a recharge system could support. Therefore there is no need to grant a variance from this section of the Zoning Bylaw. The portions of the Town included in the APD are shown on the map below: 2011 Subsequent Town Meeting 28, a Il.�l�l 'll RI rR ;� /ey�• NORTH READING SAN �P� a C g•� ,a0 4r� _ ra I Ir` f p WOOD END SCHOOL tj pq 1 Aquifer IY a Fm j \1,Protection W. Lucr istrict ROB A'tiq i ,� 3 % ����Afff /yyy```,,,'''R"OQQQRDE j2R R� 1 O� J O S • i Il RDT fN/AD'` I FO _.KL'LAM _ �Av CO OL f+' ; }O :AW fOLIDGE � SCHO RA I WA FR� RD ? RD l/ 1 BI_RlC H ( 29 SNCAHDOOLO W SCHOO FIELD HOUSE.,, G AYF READINGIMEMORIALy \ 0 >- ..4%, ,. ,kHIGH'SCHOOL 5 k D a ,l 8 S O t ST op Q'. p W'S PARKER MIDDLE }, �SCROOL M. T @ A M BARROWS SCHOOL E gS — /`� N �5 LT T 12 !� p " \..._�`� N.l ., g� .� N .281, \' r • f 12 Z Pp a •\ P� O� NOD � ,I, _.. 75,� ! R. - OAK�JOSHUA� Y�Av C t' `A 'EATON SCHOOL al F 0 !• 12e 1XI ... p129 IN 16 LN ry L < p � YD 11p ENALL t< -SIT 0 WAKEFIELD o �- �0����o •m - WOBURN �ST-,-,X608. 12 � d 12 The Town, by the terms of the buy -in to the MWRA for water supply, must retain APD regulations that are no less stringent than the state standards. Presentation given by: ♦ Peter Hechenbleikner — See Attached Board of Selectman Report: - given by James Bonazoli: The Board of Selectmen has engaged with Town staff in a process of "right sizing" regulations in the community, trying to ensure that the regulations in fact accomplish what they are intended to do and that the purpose is still important to the Town. The Aquifer Protection section of the Zoning Bylaw establishes restrictions on impervious cover (buildings, driveways, walks, pools, decks, etc.) in the Aquifer Protection District. The base level permits no more than 15% of the lot can be covered with impervious surface, and with approval of groundwater recharge improvements, up to 20% coverage is permitted. 2011 Subsequent Town Meeting The state regulations are not as stringent as the local Zoning Bylaw. Under State regulations one can have impervious surface of 15% or 2500 square feet, whichever is greater. Additionally, there is no maximum if greater coverage by impervious surface can be supported by engineered ground water recharge. With the Town's change to the MWRA the Town is no longer relying on its well fields. However, the health of the Ipswich River and its environs requires that a reasonable amount of ground water recharge take place. While many may want to do away with the APD regulations altogether that is not permitted under the terms of the Town's MWRA buy -in. Finance Committee Report: No report Bylaw Committee Report: - given by Philip Pacino: The Bylaw Committee recommends this Article by a vote of 3 -0 -0. CPDC Report — given by Charlie Adams: At a meeting on September 12, 2011, on a motion made by Mr. Tuttle, seconded by Mr. Safina the CPDC approved modifications for Article 20 (Aquifer Protection District) be recommended to be on the Warrant for Subsequent Town Meeting by a vote of 4 -0 -0. Motion made by Karen Gately Henrick, Precinct 8 to amend section 4.8.7 by adding "only if the change, extension, or alteration increases the impervious footprint" Motion to Amend Carried Motion made by Daniel Ensminger, Precinct 7 to strike section 4.8.8 entirely and to renumber subsequent sections. Motion to Amend Carried 2/3 Vote required 110 Voted in the affirmative 3 Voted in the negative 123 Town Meeting Members in Attendance Motion Carried as Amended ARTICLE 22: Charlie Adams, CPDC Member moved to see if the Town will vote to amend Section 6.2 (Signs) of the Town of Reading Zoning By -Laws as follows: (note — Gress# represents language to be eliminated and bold represents new language) 6.2.2. Definitions t. Temporary Construction /Redevelopment Signs — A temporary unlit free standing sign or wall sign affixed to a structure or fence identifying the project name, project team, project description or business to be conducted on the premises. Moved to dispense with the further reading of the motion Motion to Dispense Carried 6.2.4. Exempt Signs while deing seastr lGtien ` "inrk An nr� nn Temporary Construction signs shall be allowed during active construction, where a demolition or building permit has been issued and where at least site preparation work 2011 Subsequent Town Meeting has commenced. Temporary Redevelopment signs shall be allowed for sites that have not begun construction, but have been issued a building or demolition permit or have an approved site plan. The maximum size of Temporary Construction /Redevelopment Signs shall not exceed 32 square feet in surface area or 10 feet in any dimension. Temporary Redevelopment signs may be displayed for a period of up to 1 year. Upon written request and approval of the CPDC the display period for a Temporary Redevelopment sign may be extended. Temporary Construction signs shall be removed after the construction, repair or renovation work is completed or within 7 days after the issuance of a final occupancy permit. 6.2.3. Siqns Permitted Accordina to Zonina District Table 6.2.3 Signs Permitted Accordinq to Zoning District Max Max Sin Sin Setbacks: Permit Area Height Front Side Maximum Type Required (sq. ft.) ft.) (ft.) (ft.) Number All Zoning Districts: 1. Personal Message N 4 6 N/A 20 1 /lot 2. Identification (Joint and Area N 4 8(A) N/A N/A 1 /lot 3. Construction N 4632 N/A N/A 20 N/A 1 4. Subdivision Sales C 48 N/A N/A N/A 1 /subdiv. 5. Subdivision C 24 N/A N/A N/A 1 /subdiv. 6. Real Estate Sales N 8 G 6 N/A 20 1 /lot 7. Temp Open House N 4 N/A N/A 20 1 /agency per lot 8. Garage/Yard Sale N 4 N/A N/A 20 1 /lot 9. Informational - Directional N 4 6 N/A N/A N/A Portable A -Frame Regulated by the Board of Selectmen — Annual Permit Required 10. Temporary Y 16 N/A (See Section 6.2.6.2.h.) Business Signs or 30 Business -A, Business -C and Industrial Zoning Districts. 11. Free-Standing Y 50 D 20 0 20(l) 1 /lot 12. Wall Y 2/4E A N/A 10 1 /business 13. Projecting / Blade Y 8 (A )(H) N/A 10 1 /business Business-13 Zoning Districts: 14. Free - standing Service Stations Onl Y 35(D) 14 0 20 1 /lot 15. Wall Y 2(F) A 0 0 2 /businesses 16.Projecting/ Blade Y 8 (A) (H) -4 0 1 /business 17. Free-Standing SPP J 35 10.5 0 20 1 /lot 2011 Subsequent Town Meeting NOTES: (A) No portion of such sign shall extend higher than the bottom of the sills of the windows of the second floor of a building or higher than the lowest portion of the eaves or, in the case of a gabled wall, no higher than a line equal in height to the lowest portion of the lower eave of any adjoining building wall, whichever of the above is lowest. (B) Aggregate sign area of all applicable signs. (C) Only as shown in Definitive Subdivision Plans as approved by the Community Planning and Development Commission consistent with Paragraph 6.2.1.1. (D) May not be larger than 75 square feet, if more than one business occupies the lot. See Section 6.2.6.4. (E) If the minimum distance from the building wall on which the sign is mounted is less than 100 feet from the centerline of the street which the sign faces, the maximum sign area shall be equal to 2 square feet per linear foot of said wall occupied by the establishment to which the sign relates; if such distance is more than 100 feet, maximum sign area shall be equal to 4 square feet per linear foot of said wall so occupied. (F) No wall sign for any non - residential establishment shall exceed a sign area equal to 2 square feet per linear footage of length of the front wall of the building occupied by the establishment to which the sign relates. Real Estate Signs in the Industrial Zoning Districts are allowed one sign per business with a maximum sign area equal to 2 square feet per linear foot of said wall occupied by the establishment to which the sign relates without a sign permit. (H) Projecting /Blade Signs shall be at least eight (8) feet from the ground and may project no more than four (4) feet from the structure. (1) A Special Permit may be granted by the CPDC. See Section 6.2.9 for Special Permit Criteria. (J) Free - standing signs shall be permitted only where the principal business entrance is located more than 40 feet from the centerline of the street in front of the lot. CPDC may waive the 40' business entrance setback requirement for signs in existence as of the effective date of this amendment. See Section 6.2.9.a. for Special Permit Criteria Background: The changes being proposed under Article 22 will allow larger temporary signs for construction and redevelopment sites as an exempt use which does not require a permit. The change was initiated by the Economic Development Committee through their work with the business community. This work identified the need for increasing the dimensional allowance for this type of exempt signage. Article 22 proposes increasing the maximum sign area for temporary construction /redevelopment signs from 16 square feet to 32 square feet or 10 feet in any dimension. The number of temporary construction /redevelopment signs allowed is limited to one. Presentation given by: ♦ Jean Delios — See Attached Board of Selectmen Report: No report Finance Committee Report: No report 2011 Subsequent Town Meeting Bylaw Committee Report — given by Philip Pacino: The Bylaw Committee recommends this Article by a vote of 3 -0 -0. CPDC Report - given by Charles Adams: At a meeting on September 12, 2011, on a motion made by Mr. Tuttle, seconded by Mr. Safina, the CPDC approved Article 21 (Signs) as modified be recommended to be on the Warrant for Subsequent Town Meeting by a vote of 4 -0 -0. Motion to amend made by Mary Ellen O'Neill, Precinct 6 to add to Table 6.2.3 #3 construction - Add (K) to Area Column with Note to follow at end of Notes: so that is reads "construction signs in residential districts S -15, S -20, S -40, A -40 and A -80 are limited to 16 square feet" EDC Report — given by Jack Russell: EDC strongly recommends this Article. Motion to Amend Did Not Carry Motion made by John Carpenter, Precinct 2 to amend Section 6.2.2 by adding words "and /or" after the word description as follows: t. Temporary Construction /Redevelopment Signs — A temporary unlit free standing sign or wall sign affixed to a structure or fence identifying the project name, project team, project description and/or business to be conducted on the premises. Motion to Amend Carried Before vote was taken on above motions Stephen Goldy, Board of Selectmen questioned quorum was present. Count of 97 — Quorum Present Motion made by Ronald Thomas O'Keefe, Precinct 1 to move question 2/3 Vote required 32 Voted in the affirmative 58 Voted in the negative 97 Town Meeting Members in Attendance Motion to Move Question Did Not Carry Motion made by James Bonazoli, Precinct 6 to table question Motion to Table Did Not Carry After discussion by Town Meeting Members 2/3 Vote required 86 Voted in the affirmative 8 Voted in the negative U1 1 VVVII MeetiI IIg. IVICIIIDers III PYLICIIUdIIUV= Motion Carried as Amended Motion to adjourn made by James Bonazoli, Precinct 6 Motion Carried 2011 Subsequent Town Meeting Adjourned with 123 in attendance at 10:41 PM to continue on November 21, 2011 at 7:30 PM A true copy Attest: Laura A Gemme Town Clerk 2011 Subsequent Town Meeting A r�;°a 1 0 H3 0 3 �a m a O I N V a 0 � o o � y�o •' le'. co cn w 04� OC 0 CD m m J s ca 0 r. ,O O .O J O Z O 0 0 Q 0 a a� E 0 a� a a� cn U 0 a_ �U EZ a a� ry O a� O cn a a� U O Q a� 0 0 O J U O v c� a Q H O Z O 0 m o � 3 �e$ s sect�� 3 �a m m .. 7 Q M .O CL O O E 0 � � � � O N v 0 O '- 0. 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