HomeMy WebLinkAbout1979-11-15 Adjourned Subsequent Town Meeting Minutes1138
ADJOURNED SUBSEQUENT TOWN MEETING
Reading Memorial High School Auditorium November 15, 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. Lewis MacLean of the Church of the Nazarene,
followed by the Pledge of Allegiance to the Flag.
Article 14. It was moved by John R. Rivers that the following vote under Article 14 at the
Subsequent Town Meeting on November 13, 1979, be reconsidered:
ft 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 deerned 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 ..r
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.
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.
Adjourned Subsequent Town Meeting November 15, 1979 *89
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.
1.
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.
The motion to reconsider vote under Article 14 failed to pass, by a vote of 13 affirmative,
102 negative.
ARTICLE 8. On motion of James J.Sullivan, Jr., as amended by Mary S.Ziegler, it was voted
that the sum of Eleven Thousand Two Hundred Dollars ($11,200.00) be raised from free cash and
that the sum of Six Thousand Eight Hundred Dollars ($6,800.00) be transferred from the Fiscal 80
Building Maintenance Budget and that said sums totalling Eighteen Thousand Dollars ($18,000.00)
be appropriated for the purpose of repair and replacement of the heating system at the
Community Center Building, 52 Sanborn Street, said sum to be spent under the direction of the
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 purchasing 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.
On motion of Pasquale M. Iapicca it was voted that Article 9 be indefinitely postponed.
190 Adjourned Subsequent Town Meeting
November 15, 1979
ARTICLE 10. On motion of Mary S. Ziegler it was voted that the Town adopt the attac44ed- -�
five year Capital Outlay plan as provided for in Article III,'Section 11 of the By -Laws of the
Town.
PROPOSED CAPITAL OUTLAY PLAN
1980- 1985
ESTIMATED APPROPRIATIONS, IN THOUSANDS OF DOLLARS
PROJECTS FUNDED BY TAX LEVY FY 1980 FY 1981 FY 1982 FY 1983 FY 1984 FY 1985
PUBLIC WORKS
225.0
Roadway Reconstruction
112.7
Storm Drain Construction
40.0
Street Betterments
17.9
Sewer House Connections
10.0
Sidewalk Construction
0.0
Equipment Replacement
80.0
RECREATION
10.0
Parks and Playgrounds
0.0
CONSERVATION
10.0
Acquire Water Resource Lands
0.0
CEMETERY
10.0
Develop Charles Street Cemetery
37.0
Pickup Truck & Backhoe
150.0
Cemetery Improvements
5.5
SCHOOLS
School Data Processing Equipment
10.6
Improve RMHS Athletic Facilities
Replace Roofs - RMHS Girl's Gym
& CJHS
Alter Auditoriums - Pearl & Eaton
Replace PJHS Gym Windows
10.0
Replace RMHS Electric Panel
Replace CJHS Windows
41.5
FIRE DEPT.
Replace Pumper #3
Fire Station Study
2.5
Ambulance Chasis
Fire Chief Car
Replace Mobile Units
Pick -Up
POLICE DEPT.
Install Closed Circuit TV
9.4
ASSESSORS
Revalue Property
PRIOR YEARS PROJECTS FUNDED
BY BORROWING
1527.1
TOTAL PROJECTS
1904.2
INCOME
Water Resource Land Reimbursement
Sale of Cemetery Lots
5.0
Transfers from Available Funds
33.0
Sale of Surplus Land
School Construction - State Aid
187.6
TOTAL TO BE RAISED BY TAXATION
1678.6
TOTAL TAX VALUATION
290.2
EFFECT ON TAX RATE
5.78
225.0
225.0
225.0
225.0
225.0
75.0
75.0
150.0
150.0
150.0
20.0
20.0
20.0
20.0
20.0
10.0
10.0
10.0
10.0
10.0
10.0
10.0
10.0
10.0
10.0
150.0
150.0
150.0
150.0
150.0
40.0
20.0
27.0
5.0
11.2
70.0
100.0
15.0
8.0
2.5
7.0
50.0 50.0 50.0 50.0
15.0 10.0
20.0
5.0 5.0
10.0 10.0
5.0 5.0
11.2 11.2 5.6 0
32.0 88.0
28.0 27.0
15.0
10.0
2.5 2.5 2.5 2.5
100.0 150.0
1628.6 1563.5 1439.8 1211.6 1133.0
2424.3 2217.2 2208.5 1964.7 1915.5
5.0
100.0
187.6
2131.7
293.1
7.27
10.0
5.0
50.0
187.6
1964.6
296.0
6.64
7.5
5.0
187.6
2008.4
299.0
6.71
5.0
5.0
187.6
1767.1
302.0
5.85
5.0
5.0
187.6
1717.9
305.0
5.63
191
Adjourned Subsequent Town Meeting November 15, 1979
PROJECTS FUNDED BY PUBLIC ENTERPRISE RATES
WATER
Redesign Treatment Plant
200.0
100.0
Upgrade & Test Existing Sources
100.0
Investigate Ground Water Sources
100.0
Reconstruct Treatment Plant
15.0 45.0
MUNICIPAL LIGHT DEPT.
1970 Enlarge Lighting Plant
50.7 48.9
47.1 45.3 43.5 42.8
two New Power Feeder Station
155.0 149.5
144.0 138.5 133.0 127.5
tow
ARTICLE 11. On motion of John W. Price it was voted that the Town authorize the Board
of Selectmen on behalf of the Town to convey or abandon upn 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
abandonment, 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 approximately 1,489.4 square feet more or less.
119 voted in the affirmative
0 voted in the negative
ARTICLE 1. On motion of John W. Price it was voted to take Article 1 from the table.
ARTICLE 1. John W. Price read the following report for the Board of Public Works:
BOARD OF PUBLIC WORKS REPORT TO TOWN MEETING
REGARDING THE DISPOSAL OF THE TOWN'S SOLID WASTE
HISTORY: The Board of Public Works involvement with the Town of Reading's Solid Waste
Problem began back in May 11, 1929 when Town Meeting voted to transfer the sanitation system
of the then John Street Dump from the Board of Health to the Board of Public Works. The
original site was a small parcel located on John Street and in 1936 the Board of Public Works
acquired an additional 34.4 acres of land. This dump was operated as an open burning dump from
that time until the early 50's in which the open burning caused an accident on Route 128. Then
the operation was changed from open burning to a dump and fill operation until the municipal
incinerator was built in 1970 -71. At that time, the dump was converted to a true sanitary landfill
and the Town instituted a rubbish collection system and also allowed a limited use of the landfill
to retail and commercial establishments.
low By 1975 the Board of Public Works recognized that the cost of solid waste disposal ws
escalating rapidly and something had to be done to bring it under control. The Board instituted a
study of the cost of alternate ways for the Town to dispose of its solid waste and determined it
would be necessary to close the municipal incinerator and contract for the collection and disposal
of the Town's waste. This change was justified by the fact that the Town would save $100,000 a
year by the contract method. However, this is a short term solution to the overall solid waste
problem and the Board has studied the available alternatives for a long term solution to the
Town's solid waste problem.
192 Adjourned Subsequent Town Meeting November 15, 1979
Solid Waste Disposal Alternatives: There are many different means of solid waste disposal being
proposed by various groups throughout the state, and the Board has investigated the following six
(6) alternatives:
(1) Northeast Solid Waste Committee
(2) Resco
(3) Bayside Plan
(4) Southeast Solid Waste Committee
(5) Charles George Trucking Company
(6) Private Hauler
(1) Northeast Solid Waste Committee - Better known to us as NESWC is a proposal for a
resource recovery system to be located in the Town of North Andover and is a regional proposal
that was designed to handle 1,500 tons per day.
(2) Resco - Resco is an existing solid waste disposal located in Saugus which produces
steam for sale to General Electric in Lynn. It is capable of 1,200 top per day. This company has
proposed to build a transfer station at the John Street site so that Reading could dispose of its
trash at the site and be transferred to the Resco facility in Saugus.
(3) The Board has also been keeping informed of the so- called Bay Side Plan which may be
built in Beverly on property owned by United Shoe to supply United Shoe with Power to operate
their plant. This is a small project of about 500 ton per day. This project has not reached the
point where they would be in a position to contract for the disposal of any community solid waste.
(4) Southeast Solid Waste Committee (SESWC). This project is a resource recovery and
regional solution to the problem but has a long way to go before it will be in a position to contract
for any community solid waste.
(5) Charles George Trucking Company has proposed to the Town that they buy the John
Street incinerator site and construct a bailing and transfer station operation in which the Town
should be allowed to dispose of its solid waste for a certain fee with an escaltion clause based on
the Boston area C.P.I.
(6) The concept of solid waste disposal by private hauler has also been considered by the
Board. Under this concept the Town would contract with a private hauler up to five yearsto
collect the Town's solid waste.
Evaluation of Alternatives
As directed by the Town Meeting last May, the Board of Public Works has continued to study
alternate solutions to reduce the solid waste - disposal problem.
At the outset, it should be stated the Board is fairly cognizant of the fact that the solid
waste problem is real.
The Town's present landfill has a limited capacity and new rules and regulations are being
developed by the E.P.A. and the Commonwealth. The State of Massachusetts will in fact close
many existing landfills and this will increase the cost of disposal by the landfill method
substantially.
Therefore, it behooves the Board of Public Works to look at the Town's short and long term
solutions to this problem based on the present state of the art and the developing technology.
The Board of Public Works has been meeting with knowledgeable people in the solid waste
field in an attempt to be appraised of all the latest developments that might be applied to solving
Reading's solid waste problems. Accordingly, the Board held three public hearings on October 2,
9, and 15 at which presentations were made by Resco, U. O. P. and Charles George. Attorney
Cohen of Town Counsel's Office explained the legal ramifications of the NESWC contract and
state laws pertaining to solid waste disposal concept. These hearings were open to the public,
properly advertised and published in the Reading Chronicle and the average attendance was
approximately fifteen.
After these meetings and several other deliberations by the Board, the Board strongly
endorses the concept of a regional resourse recovery facility but at this time can not recommend
to the Town Meeting that the Town enter into a contract for this type of disposal. The present
available contract with NESWC is one - sided. It places too much of a burden on the Town of
Reading and is with no guarantee that the cost savings will be as great as proposed by the NESWC
Committee.
Therefore, the Board will move to indefinitely postpone Article 12 and will be willing to
discuss the problem under that Article with the Town Meeting.
This report was accepted as a report of progress.
Adjourned Subsequent Town Meeting November 15, 1979 193_
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 a
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.
On motion of John W. Price it was voted that Article 12 be indefinitely postponed.
ARTICLE 13. On motion of John W. Price, as amended by Mary S. Ziegler, it was voted that
the sum of Thirteen Thousand Eight Hundred Dollars ($13,800) be transferred from free cash and
appropriated for the control of Gypsy Moth including authorizing the Board of PublicWorks 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, such sum to be expended by and under the
direction of the Board of Public Works.
59 voted in the affirmative
55 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 Monday, November 19, 1979, in the Reading Memorial High School auditorium.
Meeting adjourned at 11:10 P. M.
134 Town Meeting members were present.
A true copy. Attest:
Lawrence Drew
Town Clerk