Loading...
HomeMy WebLinkAbout1981-11-19 Adjourned Subsequent Town Meeting Minutesr CEO 059 .. ADJOURNED SESSION, SUBSEQUENT TOWN MEETING Reading Memorial High School November 19, 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. P. Dale Neufer of the Old South United Methodist Church, followed by the Pledge of Allegiance to the Flag. ARTICLE 20. Motion by Alan E. Foulds requesting reconsideration of vote under Article 20 was voted in the negative. ,,m" 3 voted in the affirmative 111 voted in the negative 2/3 vote required ARTICLE 25. Motion by Barry J. Mitchel requesting reconsideration of vote under Article 25 was voted in the negative. 35 voted in the affirmative 85 voted in the negative 2/3 vote required ARTICLE 27. On motion of Maureen T. O'Brien it was voted that the Town amend the Zoning By -Laws of the Town by adding the following paragraphs thereto: 4.4A. National Flood Insurance Flood Mana -vement 4.4A.1. Applicability of National Flood Insurance Flood Management District Notwithstanding the boundaries of the Flood Plain Overlay District (F) to the contrary, there shall exist a separate National Flood Insurance Flood Management District (NF) which shall apply to any land defined herein as within the National Flood Insurance Flood Management District only when the land in question is being improved, developed, or financed pursuant to and in accordance with the provisions of the National Flood Insurance Program and not otherwise. If the National Flood Insurance Program is not involved as aforesaid, then the provisions of this Paragraph 4.4A.will not apply. 4.4A.2. Boundaries of the National Flood Insurance Flood Management District The boundaries of the National Flood Insurance Flood Management District shall include all land shown on Exhibits 1, 2, 3 and 4 to the Zoning Map as being within the 100 year flood boundary. 4.4A.3. Uses Permitted in the National Flood Insurance Flood Management District When this paragraph 4.4A. applies, then all otherwise applicable provisions of Sections 4.4. and Section 4.5. will also apply except as to any land which is shown as within the National Flood Insurance Flood Management District but not within the Flood Plain Overlay District (F) otherwise shown on the Zoning Map. With regard to such land not included in the Flood Plain Overlay District (F) but in the National Flood Insurance Flood Management District and uses otherwise permitted in the zoning district will be permitted provided that all activity complies with the applicable section of the Massachusetts State Building Code which relates to design requirements and construction in Floodplains and Costal High Hazard Areas and provided that no work will be performed in any regulatory floodway, as defined and delineated in "Town of Reading, Massachusetts, Middlesex County, Flood Insurance Study" dated January 2, 1981, a copy of which is on file in the Building Inspector's office. 114 voted in the affirmative 1 voted in the negative 2/3 vote required ARTICLE 28. On motion of Maureen T. O'Brien it was voted that the Town amend the Zoning Map of the Town of Reading by adopting as Exhibits 1, 2, 3 and 4 thereto the plans entitled "Flood Insurance Rate Map, Town of Reading, Massachusetts, Middlesex County" with an effective date of July 2, 1981 consisting of Panel 1 of 4, Panel 2 of 4, Panel 3 of 4 and Panel 4 of 4, copies of which maps are on file with the Town Clerk; and to see if the 3 �) (Jubsequent Town Meeting November 19, 1981 Town will vote to amend Section 3.2. of the Zoning By -Laws by adding at the end thereof the following language: There shall be appended to the "Reading Zoning Map" as Exhibits 1, 2, 3 and 4 the maps entitled "Flood Insurance Rate Map, Town of Reading, Massachusetts Middlesex County" with an effective date of July 2, 1981 consisting of Panel 1 of 4, Panel 2 of 4, Panel 3 of 4 and Panel 4 of 4. 91 voted in the affirmative 4 voted in the negative 2/3 vote required ARTICLE 29. On motion of Maureen T. O'Brien it was voted that the Town amend Section 3.1. of the Zoning By -Laws by adding under the appropriate columns the following District: Type Full Name Short Name Overlay National Flood Insurance NF Flood Management District 95 voted in the affirmative 1 voted in the negative 2/3 vote required 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 30 Addition of Reference to GBL, Article 32 under Zoning By -Law Sec. 4.5.2. 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 (Community Center) with Board members Kenneth G. Messina, Frank P. Orlando, John W. Shaw and Maureen Rich present. Chairman Barry J. Mitchel presided. There were also six (6) concerned 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 Wednesday, October 14 and 21, 1981 and also posted in the Town Hall. The meeting notice was also read into the meeting record by the Clerk, K. Messina. This petition was placed on the Fall Town Meeting Warrant by the Conservation Commission. Chairman Harold Hulse of the Conservation Commission stated: Article 30 - This amendment would simply add the words "and Town of Reading General By -Laws, Article 32" to Section 4.5.2. of the Wetland Protection District provisions. Article 32 of the General By -Laws was passed by Town Meeting in the Fall of 1979. It gave the Conservation Commission the authority to review and condition projects in or adjacent to wetland areas or areas subject to flooding. Article 32 mirrors the State Wetlands Protection Act (M.G.L. Chapter 131, Section 40), but provides greater local control for wetland protection. This added wording merely states a point of law and, therefore, serves to point out the additional permits or approvals which may be required for those uses listed below in sections 4.5.2.7., 8. & 9. Selectman O'Brien then questioned if this new change would contravene the enforcement of the $100 /per day fine for zoning offenses as the Town's by -laws violations carry a $50 /per day fine. Ms. O'Brien felt that this matter was a point of clarification for Town Counsel to decide. The Board deferred taking a vote on this matter until clarification from Town Counsel was received. A sense of the meeting was then obtained with the following results: 1 - in favor 0 - opposed 4 - abstentions Subsequent Town Meeting November 19, 1981 1 The Chairman then requested that the Conservation Commission inform Town Meeting at their presentation there that the entire by -law is not being replaced but rather just the addition of the few words. On November 10, 1981, the Planning Board met in open session to consider their vote on this matter. A letter from the Conservation Commission was reviewed wherein Town Counsel's opinion states: "requirements of another law within the Zoning By -law itself does not create a potential conflict..... Each is a separate statute, with its own individual remedies or fines. If the Town so desired, it could pursue punitive action under each law." It is the unanimous decision of the Board 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 ARTICLE 1. On motion of John W. Price it was voted to lay Article 1 on the table. ARTICLE 30. On motion of William L. Childress it was voted that the Town amend Section 4.5.2. of the Zoning By -Laws of the Town of Reading by deleting the words "...has been given: ", at the very end of said Section, and inserting the phrase "and Town of Reading General By -Laws, Article 32:1'. 103 voted in the affirmative 0 voted in the negative 2/3 vote required 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 31 Inclusion of Flood Plain in Wetlands 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 (Community Center) with Board members Kenneth G. Messina, Frank P. Orlando, John W. Shaw and Maureen Rich present. Chairman Barry J. Mitchel presided. There were also six (6) concerned 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 Wednesday, October 14 and 21, 1981 and also posted in the Town Hall. The meeting notice was also read into the meeting record by the Clerk, K. Messina. This petition was placed on the Fall Town Meeting Warrant by the Conservation Commission. Chairman Harold Hulse of the Conservation Commission stated: Article 31 - This change would include the Flood Plain District under the provisions of Section 5.3.2.1. which specifies the minimum area of a lot which is required to be outside of the District. The Wetlands Protection District is already included under the requirements of this Section. The reasons for and benefits of this recommended change are as follows: a.) to make the provisions of the Flood Plain District more consistent with the Wetlands Protection District. b.) to further promote the purposes of the Zoning By -Laws as outlined in Section 1.1., namely to protect the public health, safety and general welfare, etc. by insuring that, during the sub - division process, the layout and configuration of lots provide adequate area upon which to establish a home and its associated uses. This includes adequate yard area consistent with reasonable single family uses of the underlying district compatible with neighboring lots. c.) to define in advance the area necessary for a single family structure. This serves to streamline the permit process and protect future homeowners. 362Subsequent Town Meeting November 19, 1981 Questions raised at the public hearing were: a - The difference in philosophy of Flood Plain and Wetlands zones b - How many existing lots would be affected c - The additional requirement in Section 4.4.4.2. and if cross - referencing would be required. Conservation Commission's response to the questions raised were: a - Wetland zones have a slower impact on the water course itself because they are more isolated. Flood plain areas provide different protection to the Town and downstrearn areas as they give more immediate relief from flooding and storm runoffs adjacent to the primary course. now# b - After much research, the Commission was able to pinpoint only two presently existing lots that would be affected. c - Cross - referencing is not necessary in this particular instance, in their opinion. The Chairman then asked for a sense of the meeting. There were: 1 - in favor 0 - opposed 4 - abstentions On November 10, 1981, the Planning Board met in open session to discuss this article. The Board was in receipt of a letter from Conservation Commission regarding the questions of which lots would be affected. According to the information provided, including topographical maps of the existing lots affected, the individual lots that would be impacted by passage of this by -law change were already marginal under existing zoning requirements. The Commission's expressed opinion is that the primary advantage to the Town will be realized during the layout of lots in new subdivisions. Upon a motion duly made and seconded, the Board unanimously voted to recommend adoption of Article 31 by Town Meeting. READING PLANNING BOARD Barry J. Mitchel, Chairman Kenneth G. Messina, Clerk John W. Shaw now Frank P. Orlando Maureen Rich ARTICLE 31. On motion of Sally M. Hoyt it was voted that the Town amend Section 5.3.2.1. of the Zoning By -Laws of the Town of Reading by inserting the following words and abbreviations immediately after the phrase "Wetlands Protection District ", wherever said phrase occurs in that Section: "(W) or Flood Plain District (F) ". 103 voted in the affirmative 2 voted in the negative 2/3 vote required ARTICLE 33. On motion of Walter J. Palmunen as amended by John W. Price it was voted to adopt the five year Capital Outlay Plan enclosed with this warrant and as amended under Article 32 of this Town Meeting, provided for in Article III, Section 11 of the By -laws of the Town. ARTICLE 2. On motion of Sally M. Hoyt it was voted to take Article 2 from the table. ARTICLE 2. The following resolution presented by Sally M. Hoyt was adopted by Town Meeting. TOWN OF READING RESOLUTION WHEREAS, Henry W. Fienemann has continued to serve diligently as a member of the Conservation Commission for 17 years, and WHEREAS, Mr. Fienemann has been instrumental in the protection and enhancement of the natural resources of the Town of Reading and spearheaded the establishment of the Reading Open Land Trust, Inc. to encourage private approaches for open space preservation, and .3r3 WHEREAS, Mr. Fienemann's unselfish efforts, affable disposition and personal expertise remain great assets to this community, NOW, THEREFORE, BE IT RESOLVED that the elected officials, Town Meeting members, and citizens of Reading, acting through this Town Meeting, do hereby express grateful appreciation for the many years of devoted service rendered to the Town by Henry W.Fienemann, and express the sincere desire that he will continue in his present role for many more years to come, and BE IT FURTHER RESOLVED, that this Resolution be placed in the records and that a copy of the same, signed by the Moderator, Selectmen and Co- Chairmen of the Conservation Commission be delivered to Henry W. Fienemann. ARTICLE 2. On motion of Margaret W. Russell it was voted that the Finance Committee he instructed to include in their report on the warrant for the Annual and Subsequent Town Meetings a copy of the Capital Outlay Plan as most recently approved by Town Meeting, as well as a definition of what constitutes a capital outlay. ARTICLE 2. On motion of John W. Price it was voted to lay Article 2 on the table. On motion of John W. Price it was voted that this meeting stand adjourned sine die. Meeting adjourned at 10:30 P. M. 130 Town Meeting members were present. A true copy. Attest: Lawrence Drew Town Clerk