HomeMy WebLinkAbout1981-11-16 Adjourned Subsequent Town Meeting MinutesADJOURNED SESSION, SUBSEQUENT TOWN MEETING
Reading Memorial High School November 16, 1981
The meeting was called to order by the Moderator, John W. Faria, at 8:00 P.M., there
being a quorum present.
The invocation was given by the Rev. David W. Reid of the First Baptist Church,
followed by the Pledge of Allegiance to the Flag.
ARTICLE 15. On motion of John W. Price it was voted that Article 15 be indefinitely
postponed.
ARTICLE 16. On motion of William J. Hughes, Jr. it was voted that the sum of Eleven
Thousand Dollars ($11,000) be appropriated from free cash for the purpose of renovating and
improving the Ethel Grant Municipal Pool. All monies to be expended under the direction of
the Recreation Committee
ARTICLE 17. On motion of Douglas A. Cowell it was voted that the Town accept the
report of the Board of Public Works on the relocation and alteration of the Public Highway
on the Northerly side of Franklin Street at Collins Avenue as laid out by the said Board of
Public Works in its report and plan, both of which were filed in the Town Clerk's Office on
November 3, 1981 to which reference is made for a more particular description, and adopt
the recommendations contained therein, and that the Town authorize the Board of Public
Works to take such land in fee or rights of easement therein by eminent domain, under the
provisions of Chapter 79 of the General Laws, as amended, or acquire said land in fee or
rights of easement herein by purchase, gift 'or otherwise, and to make entry for the purpose
of construction before all claims for damages by reason thereof shall have been finally
adjusted or determined.
110 voted in the affirmative
0 voted in the negative
2/3 vote required
ARTICLE 18. On motion of Douglas A. Cowell it was voted that the Town accept the
report of the Board of Public Works on the relocation and alteration of the Public Highway
on the Westerly side of Pearl Street opposite number 651 Pearl Street as laid out by the said
Board of Public Works in its report and plan, both of which were filed in the Town Clerk's
Office on November 3, 1981 to which reference is made for a more particular description,
and adopt the recommendations contained therein, and that the Town authorize the Board of
Public Works to take such land in fee or rights of easement therein by eminent domain,
under the provision of Chapter 79 of the General Laws, as amended, or acquire said land in
fee or rights of easement therein by purchase, gift or otherwise, and to make entry for the
purpose of construction before all claims for damages by reason thereof shall have been
finally adjusted or determined.
116 voted in the affirmative
0 voted in the negative
2/3 vote required
ARTICLE 19. On motion of Douglas A. Cowell it was voted that the sum of One
Hundred Thirty -Eight Thousand Dollars ($138,000.00) be transferred from free cash and
appropriated for the purpose of improving and reconstructing Town Public Ways, such sums
to be spent by and under the direction of the Board of Public Works.
ARTICLE 20. On motion of Douglas A. Cowell it was voted that the sum of Two
Hundred Fifty Thousand Dollars ($250,000.00) be raised and appropriated for the purpose of
making improvements to the water system including engineering services, laying and
relaying water mains and lining water mains with linings of not less than one sixteenth of an
inch, pumping station equipment and related facilities, and to meet said appropriation the
sum of Two Hundred Fifty Thousand Dollars ($250,000.00) be raised and appropriated by
borrowing, and that the Town Treasurer with the approval of the Selectmen, be and she
hereby is authorized to borrow said Two Hundred Fifty Thousand Dollars ($250,000.00) under
Chapter 44, Section 8 of the General Laws and to issue at one time or from time to time,
bonds or notes of the Town for said Two Hundred Fifty Thousand Dollars ($250,000.00)
payable in accordance with Chapter 44 of the General Laws so that each such issue shall be
paid in not more than fifteen years (15) from its date or at such earlier time as the
Treasurer and Selectmen may determine and said bonds or notes shall be signed by the
Treasurer and countersigned by the Selectmen, that the Board of Public Works be, and it
hereby is, authorized, empowered and instructed to file in the narne of, and in behalf of the
Town, an application in form and manner required by the United States of America, or the
Commonwealth of Massachusetts, and to do whatever else may be required to attempt to
obtain a grant to be made by the United States of America or the Commonwealth of
Massachusetts to the Town of Reading, Massachusetts to be used together with the funds
Subsequent Town Meeting
November 16, 1981 065'5.
raised and appropriated hereby for said improvements to the water system, and that the
Board of Public Works be, and it hereby is, authorized to proceed with said improvements
and enter into all contracts and agreements with respect thereto and to do all other acts and
things necessary or proper for carrying out the provisions of this vote.
93 voted in the affirmative
34 voted in the negative
2/3 vote required
ARTICLE 21. On motion of John L. Fallon, Jr. it was voted that the sum of Fifteen
Thousand Dollars ($15,000.00) be transferred from free cash and appropriated for the purpose -
of maintaining, improving and constructing facilities in the parks and playgrounds, such sums
to be expended by and under the direction of the Board of Public Works.
74 voted in the affirmative
49 voted in the negative
ARTICLE 22. On motion of Gail F. Wood it was voted that the sum of Fifty -Five
Thousand Dollars ($55,000.00) be transferred from free cash and appropriated for Drain
Construction, such sum to be expended by and under the direction of the Board of Public
Works.
ARTICLE 23. On motion of Don B.DeHart it was voted that Article 23 be indefinitely
postponed.
ARTICLE 24. On motion of Douglass L. Barker it was voted that the sum of Sixty -One
Thousand Seven Hundred and Eighty -One Dollars ($61,781.00) as may be provided by the
Commonwealth under Chapter 351 of the Acts of 1981 be appropriated for the purpose of
improving, constructing, and reconstructing public Town ways. Such sums to be spent by and
under the direction of the Board of Public Works.
ARTICLE 1. On motion of Barry J. Mitchel it was voted to take Article 1 from the
table.
ARTICLE 1. The following report presented by Barry J. Mitchel for the Planning
Board was accepted as a report of progress.
PLANNING BOARD REPORT - ARTICLE 25
Recreational Uses. Dimensional Controls
Pursuant to Section 5, Chapter 40A, General Laws, a public hearing on this proposal
was held on Wednesday, October 28, 1981 in the Community Center Auditorium, 52 Sanborn
Street with Board members Kenneth G. Messina, Frank P. Orlando, John W. Shaw, Maureen
Rich and Chairman Barry J. Mitchel present. There were also five (5) concerned citizens
present at this hearing.
In accordance with Section 11, Chapter 40A, General Laws, the public meeting was
published in the Reading Chronicle on Wednesday, October 14 and 21, 1981 and also posted
in Town Hall. This meeting notice was then read into the meeting record by the Clerk.
The petition was placed on the Fall Town Meeting Warrant by the Planning Board in
response to a request from the Board of Appeals and the Building Inspector. It was their
opinion that with the rewriting of the Zoning By -laws in 1978, dimensional controls for
recreational uses was inadvertently omitted. Regulations prior to the 1978 adoption of the
new Zoning By -laws were no longer effective.
The Board then drafted and placed on the Fall Town Meeting Warrant a very
restrictive by -law. Opinions from other Town Boards, MAPC and Town Counsel were
solicited. After much discussion, the Board unanimously voted to amend the requirements,
as follows and read the amended by -law at this public hearing:
Article 25 To see if the Town will vote to amend the Zoning By -laws by adding the
following requirements under Section 4.3.2.- Accessory Uses, as 4.3.2.8:
4.3.2.8. All swimming pools, wading pools, racquet courts and similar
home recreational uses shall be located in the rear or side yard and shall
be subject to the following restrictions and prohibitions:
a) No such structure shall be closer than six (6) feet to a side or rear
lot line;
b) No appurtenance (outbuildings, pumping houses, cabanas and the
like) thereto shall be closer than ten (10) feet to any street line;
c) No such structure shall occupy more than twenty -five per cent
(25 %) of the rear or side yard area in which it is located;
d) No such structure shall be closer than twenty (20) feet to any street
line; and
Subsequent Town Meeting November 16, 1981
e) Any illumination shall be installed in such a way as not to shine into
any nearby housing.
Ms. Virginia Adams, Precinct 2, presented the following at this public hearing:
- the legal notice as published was far too restrictive and with the 6 foot setback
requirement for side and rear lot lines rather than the published 20 foot
requirement, some of her research may not be pertinent;
- she has a basic philosphical difference stating that she believes that the American
dream to own your own home and your own land, to live as you see fit, is constantly
being encroached on and regulated;
- she believes that an unfair burden would be placed on the small lot owners by this
by -law;
- small lot owners, because of the econornic hardtimes, would probably be the ones
most likely to try to seek some form of recreational use for their land and this by- ....
law would prohibit them;
- She presented cases where small lot owners would be affected.
Mr. Ed Fuller present at this meeting stated that he felt that if there is a major safety
problem due to the erection of fences and other structures on corner lots, that it would be
unfair to single out the pool owner and tennis court owner as the only culprits.
The Chairman then stated that the Board had been advised by Town Counsel not to
include fencing as part of the appurtenances to the recreational uses, but rather to deal with
this problem in a separate article. Fencing of a pool and /or tennis court would be the only
cases controlled if written into this by -law.
There being no further comments from those present and the Board members, a sense
of the meeting was obtained. There were:
0 - in favor
2- opposed
3 - abstentions
On Wednesday, November 4, 1981, the Board met in open session to consider a decision
on this article. Discussion focused on the following points:
- Should tennis courts and swimming pools be restricted to only 25% of the side or
rear lot areas in which they can be located?
- Should the integrity of the front yard area be inviolate?
- The distinction of these recreational uses as structures and not as buildings.
After much discussion, the Board unanimously approved the following motion for
presentation at Town Meeting.
Moved that the Town vote to amend the Zoning By -laws by adding the following
requirements under Section 4.3.2 - Accessory Uses, as 4.3.2.8.:
4.3.2.8. All swimming pools, wading pools, racquet courts and similar home
recreational uses shall be located in the rear or side yard and shall be subject to
the following restrictions and prohibitions:
a) No such structure shall be closer than six (6) feet to a side or rear lot line;
b) No such structure shall be closer than twenty (20) feet to any street line;
c) No appurtenance (outbuildings, pumping houses, cabanas and the like) thereto shall
be closer than ten (10) feet to any street line; and
d) Any illumination shall be installed in such a way as not to shine into any nearby
housing.
It was the unanimous decision of the Board to recommend adoption of this By -law by
Town Meeting.
READING PLANNING BOARD
Barry J. Mitchel, Chairman
Kenneth G. Messina, Clerk
Frank P. Orlando
John W. Shaw
Maureen Rich
ARTICLE 1. The following report presented by Barry J. Mitchel for the Planning
Board was accepted as a report of progress.
PLANNING BOARD REPORT - ARTICLE 26
Definitions of Recreational Facilities
Pursuant to Section 5, Chapter 40A, General Laws, a public hearing on this proposal
was held on Wednesday, October 28, 1981 in the Community Center Auditorium, 52 Sanborn
Street with all Board members present. There were also five (5) concerned citizens present
at this hearing.
Subsequent Town Meeting
November 16, 198357,
In accordance with Section 11, Chapter 40A, General Laws, the public meeting notice
was published in the Reading Chronicle on Wednesday, October 14 and 21, 1981 and also
posted in Town Hall. This meeting notice was then read into the meeting record by the
Clerk.
The petition was placed on the Fall Town Meeting Warrant by the Planning Board in
response to a request from the Board of Appeals and Building Inspector. They felt that the
present definitions did not adequately cover recreational uses. After researching other
Towns' definitions, the State building code and the Town's codes, the following definitions
were submitted to the Fall Town Meeting Warrant:
Pool, Swimming: Means and includes every artificial pool of water having a depth of
two (2) feet or more at any point and used for swimming or bathing, open or enclosed,
"`� together with bathhouses, equipment and /or appurtenances.
Pool, Wading: Means an artificial pool of water in a basin having a maximum depth of
less than two (2) feet and intended chiefly as a wading place for children.
Racquet Court: Fixed playing area such as tennis court or racquet ball platform.
Ms. Virginia Adams then pointed out the fact that the sequential numbering was
incorrect. The Board agreed to correct the same.
On Wednesday, November 4, 1981, the Planning Board met in open session and agreed
to present the following motion to Fall Town Meeting as Article 26:
Moved that the Town vote to amend the Zoning By -laws by adding the following under
Section 2.0 - Definitions, as 2.2.26., 2.2.27. and 2.2.28 and renumbering the present
2.2.26 as 2.2.29 and all following numbers in correct sequential order:
2.2.26. Pool, Swimming: Means and includes every artificial pool of water
having a depth of two (2) feet or more at any point and used for
swimming or bathing, open or enclosed, together with bathhouses,
equipment and /or appurtenances.
2.2.27. Pool, Wading: Means an artificial pool of water in a basin having a
maximum depth of less than two (2) feet and intended chiefly as a
wading place for children.
2.2.28. Racquet Court: Fixed playing area such as tennis court or racquetball
platform.
It was the unanimous decision of the Board to recommend the adoption of this By -law
by Town Meeting
READING PLANNING BOARD
Barry J. Mitchel, Chairman
Kenneth G. Messina, Clerk
Frank P. Orlando
John W.Shaw
Maureen Rich
ARTICLE 1. On motion of Barry J. Mitchel it was voted to lay Article 1 on the table.
ARTICLE 25. Barry J. Mitchel moved that the Town vote to amend the Zoning By -laws
by adding the following requirements under Section 4.3.2 - Accessory Uses, as 4.3.2.8.:
4.3.2.8. All swimming pools, wading pools, racquet courts and similar home
recreational uses shall be located in the rear or side yard and shall be subject to
the following restrictions and prohibitions:
a) No such structure shall be closer than six (6) feet to a side or rear lot line;
b) No such structure shall be closer than twenty (20) feet to any street line;
..r c) No appurtenance (outbuildings, pumping houses, cabanas and the like) thereto shall
be closer than ten (10) feet to any street line; and
d) Any illumination shall be installed in such a way as not to shine into any nearby
housing.
This motion was voted in the negative.
44 voted in the affirmative
41 voted in the negative
2/3 vote required
3 5%Subsequent Town Meeting
November 16, 1981
ARTICLE 26. On motion of Barry J. Mitchel it was voted to lay Article 26 on the
table.
ARTICLE 1. On motion of Barry J. Mitchel it was voted to take Article 1 from the
table.
ARTICLE 1. The following report presented by Barry J. Mitchel for the Planning
Board was accepted as a report of progress.
PLANNING BOARD REPORT, ARTICLES 27, 28 and 29
National Flood Insurance - Flood Plain District
Pursuant to Section 5, Chapter 40A, General Laws, a public hearing on these proposals
was held on Tuesday, November 10, 1981 in the Community Center Auditorium, 52 Sanborn
Street with all Board members present. Selectman O'Brien was also present. There were no
citizens present at this hearing.
In accordance with Section 11, Chapter 40A, General Laws, the public meeting notice
was published in the Reading Chronicle on October 27 and November 2, 1981 and also posted
in Town Hall. The meeting notice was read into the meeting record by the Clerk.
These petitions were placed on the Fall Town Meeting Warrant by the Board of
Selectmen. The reasons stated by Selectman O'Brien were:
- Unless the Town has a National Flood Insurance Flood Plain district and adopts these
requirements, there is no protection for local homeowners under the National Flood
Insurance program. Unless the Town adopts these articles concerning the flood
insurance, then the homeowners so affected will not have insurance coverage and their
homes are not mortgagable without this insurance. These owners could not sell their
homes without insurance protection no obtain mortgage money for building, renovation
or expansion.
- The Town's current zoning requirements are more restrictive than those permitted
under the federal program and thus would not have an adverse impact on the Town's
zoning.
- The National Flood Insurance districts have 5 levels of classification under Zone A,
which is the 100 year flood plain; Zone B is the 500 year flood plain and Zone C is out
of the district.
A letter from Conservation Commission requesting that the wording in Article 27 be
changed from National Flood Insurance Flood Plain District to National Flood Insurance
District to avoid confusion with the Town's Flood Plain District was read by the Clerk into
the meeting record. Town Counsel's opinion on this matter will be obtained.
The Board later met in open session in their office for discussion and recommendations
on these articles.
The Board then considered their vote and upon a motion duly made and seconded, the
Board unanimously recommends adoption of Article 27 by Town Meeting.
After discussion, the Board duly voted to recommend adoption of Article 28.
Article 29 was then reviewed and the Board again unanimously voted to recommend
adoption of this Article by Town Meeting.
READING PLANNING BOARD
Barry J. Mitchel, Chairman
Kenneth G. Messina, Clerk
John W. Shaw
Frank P. Orlando
Maureen Rich
On motion of John W. Price it was voted that this meeting stand adjourned to meet at
8:00 P.M. on Thursday, November 19, 1981, in the Memorial High School auditorium.
Meeting adjourned at 10:45 P. M.
140 Town Meeting members were present.
A true copy. Attest:
Lawrence Drew
Town Clerk