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HomeMy WebLinkAbout1979-11-13 Subsequent Town Meeting WarrantSUBSEQUEN f TOWN MEETING Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts you are hereby required to notify and warn the inhabitants of the Town of Reading qualified to vote in elections and Town affairs to meet at the Reading Memorial High School, 62 Oakland Road in said Reading, on Tuesday, November 13, 1979, at eight o'clock in the evening to act on the following articles: ARTICLE 1. To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer, Collector of Taxes, Board of Assessors, Board of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Planning Board, and any other Boards or Special Committees. Board of Selectmen ARTICLE 2. To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees. Board of Selectmen ARTICLE 3. To see if the Town will vote to authorize the Board of Selectmen to petition and -or approve the filing of a petition to the General Court for a special act authorizing the Town to exempt from the coverage of the civil service law, General Laws Chapter 31, and rules promulgated pursuant thereto, the Sealers and Deputy Sealers of Weights and Measures and Inspectors and Deputy Inspectors of Weights and Measures of the Town of Reading, or take any other action with respect thereto. Board of Selectmen ARTICLE 4. To see what sum the Town will raise by borrowing or transfer from available funds or other- wise and appropriate for the purpose of providing temporary, emergency funds to be made available to certain residents of the Town of Reading who are entitled and eligible to receive during fiscal year 1980 Federal and -or State emergency fuel assistance funds for the acquisition of home heating fuel, and that the Selectmen are hereby authorized to make disbur- sements out of said fund to such residents upon such terms and conditions as the Selectmen in their sole discretion shall establish, but subject to the conditions that disbursements out of such fund shall only be made upon the execution of an agreement by the proposed recipient that the Town will be reimbursed the total amount forwarded to the recipient by endorsing over to the Town any emergency fuel assistance funds sub- sequently received by the recipient ffom any Federal or State agency, that all funds received by the Town pursuant to such agreements will be paid into Town treasury and that all funds remaining in said fund at the end of fiscal year 1980 will be returned to the Town treasury or to take any other action with respect thereto. Board of Selectmen ARTICLE 5. To see if the Town will vote to sell to 128 Sales, Inc. the following described property, or take any other action with respect thereto: Beginning at a point on the northerly sidelir.e of John Street which is northwesterly from the town line dividing Reading and Wakefield one hundred forty- nine and twenty-eight hundredths feet (149.28') more or less; THENCE running northwesterly along said sideline of John Street one hundred seventy-four and sixty -four hundredths f eet (174.64') more or less to a point; THENCE turning and running northeasterly one hundred sixty-one and seventy -six hundredth feet (161.76') more or less to a point; THENCE turning and running southeasterly parallel to said John Street one hundred thirty feet (130') more or less to a point; THENCE turning and running easterly two hundred eighty feet (280') more or less along the sideline of a fifteen foot (15') wide buffer strip, to a point; THENCE turning and running northeasterly along said sideline two hundred ten feet (210') more or less to a point; THENCE turning and running southeasterly sixty feet (60') more or less to a point on said town line which is northerly from the northerly sideline of John Street six hundred twenty-six and five tenths feet (626.5') ; THENCE turning and running southwesterly along said town line three hundred five feet (305') more or less to point; THENCE turning and running more southwesterly eighty -eight and sixty-nine hundredths feet (88.69') more or less to a point; THENCE turning and running northwesterly forty- three and sixty-four hundredths feet (43.64') more or less to point; THENCE turning and running southwesterly one hundred and sixty -two hundredths feet (100.62') more or less to a point; THENCE turning and running southerly one hundred sixty-one and seventy-six hundredths feet (161.76') more or less to the point of beginning. Said parcel of land containing 60,849 S.F. more or less Board of Selectmen ARTICLE 6. To see if the Town will raise by borrowing or transfer from available funds or other- wise and appropriate for the purpose of providing building maintenance and operations for the Prospect Street School for fiscal year 1980 a sum of money to be determined by the Town, which sum of money shall be the equivalent of all moneys received as rentals from tenants of the PropsectStreetSchool during fiscal year 1980, or take any other action with resepct thereto. Board of Selectmen ARTICLE 7. To see if the Town will vote to authorize the Board of Selectmen to grant an easement in per- petuity to cross and recross and use for all purposes for which streets and public ways are used in the Town of Reading the following described parcel of land, to the owners of the land abutting said parcel, their heirs, successors, assigns, guests and invitees, in common with all others legally entitled thereto, to specify the minimum amount to be paid for such easement and to authorize the Board of Selectmen to execute on behalf of the Town all documents necessary to effectuate the intent of this vote, or take any other action with respect thereto. That parcel of land situated on the westerly side of Main Street, in Reading, Massachusetts, ten feet in width, commencing at Franklin Street and extending in a southerly direction fifteen hundred and five feet (1,505), more or less. There is expressly excepted from said grant of easement the land conveyed to Easton E. and Muriel R. Chapman by the Town of Reading by deed dated December 29, 1975 recorded at the Mid- dlesex County Registry of Deeds in Book 12916, Page 051 and shown on the Reading Assessors' plat 210 as part of lots id and 9 and the land conveyed to the Town of Reading by Easton E. and Muriel R. Chapman by deed dated December 29, 1975 recorded at the Mid- dlesex County Registry of Deeds in Book 12916, Page 052 described in said deed as lot F and shown on said plat 210 as part of lot 8. The easement granted relates to the land shown on said plat 210 as abutting lots 1, la, lb, 1c and 2. Board of Selectmen ARTICLE 8. To see what sum the Town will raise by borrowing or by transfer from available funds or otherwise and appropriate for the purpose of repair and -or replacement of the heating system at the Community Center building, 52 Sanborn Street, or take any other action with respect thereto. Board of Selectmen ARTICLE 9. To see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of pur- chasing a motorcycle with a radio, radar and uniforms for the Police Department, such purchases to be subject to the Town obtaining reimbursement for said sum from the Governor's Highway Safety funds or any other source of Federal or State funds, and to authorize the Board of Selectmen to apply for reimbursement for said sum through the Governor's Highway Safety Fund or any other source of Federal or State funds or take any other action with respect thereto. Board of Selectmen ARTICLE 10. To see if the Town will vote to adopt a five year Capital Outlay Plan as provided for in Article III, Section 11 of the By -Laws of the Town, or take any other action with respect thereto. Finance Committee ARTICLE 11. To see if the Town will vote to authorize the Board of Selectmen on behalf of the Town to convey or abandon upon such terms and conditions as they may determine a portion of the easement acquired by the Town for drainage and sewerage purposes through land now or formerly of Rivers Development Corporation and Richard T. Maloney located on Lot 9 and 9A as shown on a subdivision Plan of Land in Reading, Massachusetts dated February 8, 1977 and as more fully described on a plan entitled "Easement through Private Property for Drainage and Sewerage Purposes, Sunnyside Avenue" dated February 10, 1962, recorded with a Quitclaim Deed in Book 10040, Page 330, Middlesex County Registry of Deeds Southern District and to specify the minimum amount to be paid for such conveyance or aban- donment, said portion to be abandoned is bound and described as follows: Beginning at a point said point being on the westerly sideline of the existing easement approximately 415 feet from the easterly sideline of Sunnyside Avenue; Thence S 76 degrees 10' - 00" W for a distance of 79.45 feet; Thence N 13 degrees 50'- 00" W for a distance of 20.00 feet; Thence N 76 degrees 10' - 00" E for a distance of 69.49 feet; Thence S 40 degrees 18' - 10" E for a distance of 22.34 feet back to the point of beginning; Said portion to be abandoned contains ap- proximately 1,489.4 square feet more or less, or take any other action with respect thereto. Board of Public Works ARTICLE 12. To see whether the Town under and pursuant to authority granted in General Chapter 40D, Section 21 (G), as amended, will authorize the Board of Public Works to enter into Contract with the operator of solid waste disposal facilities to be established in the town of North Andover for the disposal of solid wastes and for the use of by- products resulting from the operation of such facilities, which contract will include the following terms, or take any other action with respect thereto: 1. Be for a term of twenty years, more or less; 2. Include provisions for the delivery of minimum amounts of refuse, garbage and waste and payments for the use of the facilities to be based thereon; 3. Provide for unit prices that will be graduated and for adjustments thereof and for the use of steam, electricity and other by- products resulting from the use of the facilities and for credits or payments of the Town resulting therefrom; 4. The use by the Town or other municipalities of the uncommitted capacity of such facilities; 5. Contain other provisions incidental and related to the foregoing general matters; and 6. Be generally in the form of proposed contract negotiated by representatives of member committees of the Northeast Solid Waste Committee (NESWC) with such changes therein as may be approved by said Board of Public Works. Board of Public Works ARTICLE 13. 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 control of Gypsy Moth including authorizing the Board of Public Works to sell or exchange or otherwise dispose of upon such terms and conditions as they may determine three (3) skid mount hydraulic sprayers 1930 models and purchase one new hydraulic sprayer, pesticide and enter into a contract for Aerial Helicopter spray, or take any other action with respect thereto. Board of Public Works ARTICLE 14. To see if the Town will vote to amend the General By -Laws of the Town by adding a new section as follows, or take any other action with respect thereto; 1. The purpose of this by -law is to protect the floodplains and wetlands of the Town of Reading by controlling activities deemed to have a significant effect upon wetland values, including but not limited to the following: public or private water supply, ground- water, flood control, erosion control, storm damage prevention, water pollution, and wildlife. No person shall remove, fill, dredge, or alter any bank, fresh water wetland, flat, marsh, meadow, bog, swamp, or lands bordering any creek, river, stream, pond or lake, or any land under said waters or any land subject to flooding, other than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph, and other telecommunication services without filing written notice of his intention to so remove, fill, dredge or alter and without receiving and complying with an order of conditions and provided all appeal periods have elapsed. Such notice shall be sent by certified mail to the Reading Conservation Commission, in- cluding such plans as may be necessary to describe such proposed activity and its effect on the en- vironment. The same notice, plans, and specifications required to be filed by an applicant under Massa- chusetts General Laws, Chapter 131, section 40 will be accepted as fulfilling the requirements of this by -law. The said Conservation Commission shall hear any oral presentation under this by -law at the same public hearing required to be held under the provisions of said Chapter 131, section 40 of the Massachusetts General Laws. Definitions, time frames, and procedures, in- sofar as applicable, set forth in said Chapter and section and in the Regulations promulgated by the Department of Environmental Quality Engineering on July 28,1978 are hereby made a part of this by -law. 2. The term "person ", as used in this by -law, shall include any individual, group of individuals, associaton, partnership, corporation, company business organization, trust, estate, the Com- monwealth whenever subject to town by -law, or any political subdivision of the Commonwealth, ad- ministrative agency, public or quasi - public cor- poration or body, or any other legal entity or its legal representative, agents, orassigns. 3. The Conservation Commission shall make a determination as to whether or not this by -law applies to a specific situation prior to the filing of a written notice of intent under the provisions hereof within twenty -one days of the receipt of a written request sent by certified mail from any person desiring such determination. The Conservation Commission, its agent, officers and employees may enter upon the land upon which the proposed work is to be done in response to a request for a prior determination or for the pur- pose of carrying out its duties under this by -law and may make or cause to be made such examination or survey as deemed necessary. 4. The Conservation Commission is empowered to deny permission for any removal, dredging, filling, or altering of subject lands within the Town if, in its judgement, such denial is necessary for the protection of public or private water supply, groundwater, flood control, storm damage prevention, or the prevention of pollution. Due consideration shall be given to possible effects of the proposal on all values to be protected under this by -law. 5. The Conservation Commission may, as an alter- native to a denial, impose such conditions as it deems necessary to contribute to the protection and preser- vation of the subject lands in accordance with the purposes of this by -law. The Conservation Commission may require the posting of a bond with surety, running to the municipality, and sufficient as to form and surety in the opinion of the Commission's Counsel, to secure faithful and satisfactory performance of work required by any order of conditions, in such sum and upon such conditons as the Conservation Commission may require. Other evidence of financial responsibility which is satisfactory to the Conservation Commission may be accepted in lieu of bonding. Notwithstanding the above, the amount of such bond shall not exceed the estimated cost of the work required or the restoration of affected lands and properties if the work is not performed as required, whichever is greater. For- feiture of any such bond or other security shall be recoverable at the suit of the municipality in Superior Court. Such bond or other security shall be released upon issuance of a certificate of compliance. 6. The notice required by the first paragraph of this by -law shall not apply to emergency projects necessary for the protection of the health and safety of the citizens of Reading and to be performed or ordered to be performed by an administrative agency of the Commonwealth or by the Town. Emergency projects shall mean any projects certified to be an emergency by the Commissioner of the Department of Environ- mental Quality Engineering and the Conservation Commission if this by -law and Massachusetts General Laws Chapter 131, section 40, as amended are both applicable, or by the Conservation Commission if only this by -law is applicable. In no case shall any removal, filling, dredging or altering authorized by such cer- tification extend beyond the time necessary to abate the emergency. The provisions of this by -law shall not apply to any mosquito control work done under the provisions of clause (36) of section five of chapter 40, or chapter two hundred and fifty -two. The provisions of this by -law shall not apply to work performed for normal maintenance or improvement of lands in agricultural use as of the effective date of this by -law. 7. The invalidity of any section or provision of this by- law shall not invalidate any other section or provision thereof. Conservation Commission ARTICLE 15. To see what sum the Town will raise by borrowing or from the tax levy or transfer from available funds or otherwise, to be used in conjunction with funds previously appropriated by the Town for the purpose of completing the concrete repair work and construction at Reading Memorial High School, or take any other action with respect thereto. School Construction Committee ARTICLE 16. To see if the Town of Reading will vote to amend Article III of the General By -Laws by adding in the second sentence of Section 2 the Words "each member of" before the words "the Board of Select- men" so that the second sentence of Section 2 shall read "An Appointment Committee consisting of the Moderator, each member of the Board of Selectmen and the Chairman of the Finance Committee, chaired by the Moderator, shall appoint five (5) members each year for a term of three (3) years, the terms of said members to expire on the first day of July." By -Law Committee And you are directed to serve this Warrant by posting an attested copy thereof in at least three (3) public places in each precinct of the Town not less than fourteen (14) days prior to November 13, 1979, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town or by mailing an attested copy of said Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of holding said meeting. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 2 day of October, 1979. A true copy. Attest: Sally M. Hoyt, Constable James J. Sullivan, Jr. Marvin M. Rosenthal Maureen T. O'Brien Selectmen of Reading