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HomeMy WebLinkAbout1979-11-13 Subsequent Town Meeting Minutes191',311 SUBSEQUENT TOWN MEETING Reading Memorial High School November 13, 1979 The meeting was called to order by the Moderator, John W. Faria, at 8:00 P.M. The invocation was given by the Rev. Paul E. Barnes of the First Congregational Church, followed by the Pledge of Allegiance to the Flag. how The Warrant was partially read by the Town Clerk, Lawrence Drew, when on motion of James J. Sullivan, Jr. it was voted to dispense with further reading of the Warrant except the Officer's Return, which was then read by the Town Clerk. ARTICLE 1. On motion of James J.Sullivan, Jr. it was voted to lay Article 1 on the table. ARTICLE 1. On motion of Benjamin E. Nichols it was voted to take Article 1 from the table. ARTICLE 1. The following report was read by Benjamin E. Nichols for the Advisory Committee to the Board of Public Works for Long Range Park Planning. Progress Report Advisory Committee to the Board of Public Works for Long Range Park Planning This Advisory Committee was established by a vote of the Subsequent Town Meeting of November 1978. Our goal is to develop an initial Long Range Park Plan for the Board; and the Town, which has broad public input and support, recognizes the recreational needs of the total community and which will set a measured pace for maintenance and development, a balance between need and available monies. During the past year we have aimed toward two objectives - an inventory of citizen recreational interests /needs and an inventory of available space, both existing and potential, for recreation. These two objectives were given priority by the Committee: " first - to insure that we had the public input second - to clear away any concerns about such basic items as who administers what piece of land Through the able efforts of Reading's Boy Scouts, the Committee recently completed the second phase of the interest survey. We are rather proud of the fact that returns exceeded 50 %, an indication of the interest in our recreational resources and how they are used. The detailed results of the survey are still being compiled; however, some of the general picture has emerged and is enlightening. The Committee distributed approximately 700 surveys, 200 to Town Meeting and 500 to a randomly selected sample of the general population. A total of 378 usable surveys were returned, 87 from Town Meeting and 291 from the sample. Based on the responses identifying precinct (378) responses), age group (326 responses), and income group (302 responses) - the distribution over the town was good, the age grouping concentrated in the 26 and over ranges with incomes between $15 and $35 thousand. This indicates to us that the survey reached the right cross section of people. In response to questions concerning the current condition and use of the facilities, 95% considered the condition of the facilities good to excellent and 68% considered them to be usually or always available. The majority of the responses indicate that we drive between %z mile to 2 miles to get to our primary use facility. When we arrive, %z of us use the facilities for unstructured activities, 25% a mix of structured and unstructured and 25% just structured aw activities. It is not too surprising to note that the most widely used facilities are Birch Meadow, Memorial, Sturgis and Washington Parks. Given the favorable attitude toward conditions and availability, it came as no surprise that 55% considered the 1979 spending level for parks adequate; however, 39% considered it inadequate. ^l / 8 Subsequent Town Meeting November 13, 1979 The most frequent favorable comments were praise for the quality and availability of the summer park program, the most frequent unfavorable comments concerned broken glass and drinking. In response to questions about development and administration, the two top choices were the two classifications of open areas followed by the indoor pool. Relative to administration, the responses were almost equal, 56% favored an independent group while 44% said no. In summary, we were surprised, and very pleased, by the number of responses and the generally positive attitude indicated on those responses. Town wide, there is a general consensus on our current situation and our direction for future development. It is the Committee's intention to make a more complete report on the interests by precinct along with the inventory of available and potential parks in time for the Spring Town Meeting. We will also make specific short term recommendations at that time. The Long Range Plan will be presented at the next Fall Town Meeting. This report was accepted as a report of progress. ARTICLE 1. On motion of James J. Sullivan, Jr. it was voted to lay Article 1 on the table. ARTICLE 2. On motion of James J. Sullivan, Jr. it was voted to lay Article 2 on the table. On motion of Sally M. Hoyt it was voted to advance Article 14 out of its regular order. ARTICLE 14. On motion of Sally M. Hoyt, as amended by Catherine A.Quimby, it was voted to amend the General By -Laws of the Town by adding a new section as follows: 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, groundwater, flood control, erosion control, storm damage prevention, water pollution, and wildlife. 2. Any person desiring to know whether or not a proposed activity or an area is subject to this by -law may request a determination from the Conservation Commission in writing. The Conservation Commission shall issue its determination, in writing, within twenty -one (21) days from the receipt of such request. 3. 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, sanitary sewer, storm drainage, public roadway, telephone, telegraph, and other telecommunica- tion 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, including such plans as may be necessary to describe such proposed activity and its effect on the environment. 4. The same Notice of Intent, plans and specifications required to be filed by an applicant under Massachusetts 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, insofar 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. 5. The term "person ", as used in this by -law, shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth whenever subject to town by -law, or any political subdivision of the Commonwealth whenever subject to town by -law, administrative agency, public or quasi - public corporation or body, or any other legal entity or its legal representative, agents, or assigns. a 6. 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 purpose of carrying out its duties under this by -law and may make or cause to be made such examination or survey as deemed necessary. 7. 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. 8. The Conservation Commission may, as an alternative to a denial, impose such conditions as it deems necessary to contribute to the protection and preservation 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 conditions 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. Forfeiture 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. 9. The Notice required by the third 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 Environmental 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 certification 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. 10. In the event of the issuance of an Order of Conditions denying modification to a pre- existing residential structure, the applicant may, prior to appeal to a court of competent jurisdiction, appeal to the Reading Board of Appeals in writing within ten days after the receipt of the Conservation Commission's Order of Conditions. Within forty days of receipt of the appeal, the Board of Appeals will request and review the record of the proceedings of the Conservation Commission and render a decision as to whether the Order of Conditions should be modified by the Conservation Commission and what the modifica- tions shall be. Any party aggrieved by the Board of Appeal's decision may pursue all other available remedies at law. 11. The invalidity of any section or provision of this by -law shall not invalidate any other section or provision thereof. .i � b ARTICLE 3. On motion of Marvin M. Rosenthal it was voted that the Town authorize the Board of Selectmen to file and /or approve the filing of a petition to the General Court for 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 Sealer and Deputy Sealer of Weights and Measures and Inspector and Deputy Inspector of Weights and Measures of the Town of Reading. ARTICLE 4. On motion of James J. Sullivan, Jr. it was voted that the sum of Three Thousand Dollars ($3,000.00) be raised from free cash and appropriated 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 Town authorize the Selectmen to make disbursements 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 execution of an agreement by the proposed recipient and /or the fuel supplier that the Town will be reimbursed the total amount forwarded to the recipient or fuel supplier, that all funds received by the Town pursuant to such agreements will be paid into the Town treasury and that all funds remaining in said fund at the end of the fiscal year 1980 will be returned to the Town treasury. 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 sideline of John Street which is northwesterly from the town line dividing Reading and Wakefield one hundred forty -nine and twenty -eight hundredths feet (149.281) more or less; THENCE running northwesterly along said sideline of John Street one hundred seventy -four and sixty -four hundredths feet (174.641) more or less to a point; THENCE turning and running northeasterly one hundred sixty -one and seventy -six hundredth feet (161.761) more or less to a point; THENCE turning and running southeasterly parallel to said John Street one hundred thirty feet (1301) more or less to a point; THENCE turning and running easterly two hundred eighty feet (2801) more or less along the sideline of a fifteen foot (151) wide buffer strip, to a point; THENCE turning and running northeasterly along said sideline two hundred ten feet (2101) more or less to a point; THENCE turning and running southeasterly sixty feet (601) 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 (3051) more or less to a point; THENCE turning and running more southwesterly eighty -eight and sixty -nine hundredths feet (88.691) more or less to a point; THENCE turning and running northwesterly forty -three and sixty -four hundredths feet (43.641) more or less to a point; THENCE turning and running southwesterly one hundred and sixty -two hundredths feet (100.621) more or less to a point; THENCE turning and running southerly one hundred sixty -one and seventy -six hundredths feet (161.761) more or less to the point of beginning. Said parcel of land containing 60,849 S.F. more or less. On motion of Maureen T. O'Brien it was voted that Article 5 be indefinitely postponed. ARTICLE 6. On motion of Marvin M. Rosenthal it was voted that the sum of Six Thousand Three Hundred Seventy -five Dollars ($6,375.00) be transferred from free cash and appropriated for the purpose of providing building maintenance and operations for the Prospect Street School for fiscal 1980. ARTICLE 7. On motion of Maureen T. O'Brien it was voted that the Town authorize the Board of Selectmen to grant an easement in perpetuity 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 and that the sum of i t) d one dollar be paid by said owners for such easement and authorise the Board of Selectmen to execute on behalf of the Town all documents necessary to effectuate the intent of this vote: 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 Middlesex 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 *am 29, 1975 recorded at the Middlesex 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, lc and 2. 126 voted in the affirmative 1 voted in the negative On motion of James J. Sullivan, Jr. it was voted that this meeting stand adjourned to meet at 8:00 P. M. on Thursday, November 15, 1979, in the Reading Memorial High School auditorium. Meeting adjourned at 11:05 P. M. 142 Town Meeting members were present. A true copy. Attest: L Lawrence Drew Town Clerk "IM