HomeMy WebLinkAbout1983-11-14 Subsqeuent Town Meeting Warrantrl
SUBSEQUENT TOWN MEETING
(Seal)
Commonwealth of Massachusetts
November 14, 1983
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
Monday, November 14th, 1983, at seven thirty 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 Board 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 amend "Overtime compensation" of
Section 4 of Article XXIV of the By -laws of the Town by deleting the existing wording which
reads as follows:
"Salaried employees are not paid overtime compensation.
Employees whose customary work week is thirty -seven and one half hours shall be paid
for overtime at the rate of straight time for hours worked in excess of thirty -seven and one
half in any given work week through forty hours, thereafter at time and one half the basic
hourly rate.
Employees whose customary work week is forty hours, overtime at the rate of one and
one half the basic hourly rate shall be paid for hours worked in excess of forty hours in any
one week.
Compensatory time off may be given at the same aforementioned rates."
and substituting the following:
"Salaried employees are exempt from payment for overtime.
Overtime at the rate of time and a half shall be paid to non - exempt employees for the
number of hours worked in excess of forty or thirty -seven and one half hours, whichever is
the regular work week of an employee.
By mutual agreement between a department head and an employee, compensatory
time in lieu of cash may be substituted on an hour for hour basis."
or what it will do in relation thereto.
Personnel Board
ARTICLE 4. To see if the Town will vote to amend sub - section (H) vacations of
Section 7, Benefits and Working Conditions of Article XXIV of the By -laws of the Town by "aw
deleting the third paragraph which reads:
"Vacations must be taken within the calendar year and cannot be accumulated from
year to year, except under emergency conditions brought about by conditions of
employment. Such cases shall be approved by the Department Head.
and substituting the following:
"With the approval of the Department Head, an employee may carry over one vacation
week from one calendar year to the next, provided the carried -over vacation is used prior to
June 30th.
or what it will do in relation thereto.
Personnel Board
159
Subspau -rt To-,m Meeting Warrant November, 1983
ARTICLE 5. To see if the Town will vote to amend Section 7, Benefits and Working
Conditions, of Article XXIV of the By -laws of the Town, by adding the following sub - section
or what it will do in relation thereto:
(J) PERSONAL LEAVE
Any employee in full -time employment shall be eligible for personal leave of one (1)
paid day per year for the purpose of attending to important personal affairs that cannot be
accomplished on any other day, such as required court appearance, attending a marriage or
other religious ceremony of a close relative, or being a party to a real estate transaction.
The taking of such leave shall be subject to authorization by the employee's Department
Head.
Unused personal leave shall accumulate at the rate of one day per fiscal year up to a
maximum of two (2) days.
Personnel Board
ARTICLE 6. To see if the Town will vote to authorize the Board of Selectmen of
the Town of Reading to convey all or any part of the following described property with the
buildings thereon, presently occupied by the Department of Public Works of the Town of
Reading and located on the Southwesterly side of John Street in Reading, consisting of
15.229 acres of land, more or less, to one or more purchasers to be determined by the Board
of Selectmen after receipt of bids, public auction, negotiation, or otherwise; to see what
minimum amount(s) shall be paid for the conveyance of all or any part of said property, to
authorize the Board of Selectmen to convey all or any part of said property for such
amount(s) or larger amount(s) and upon such other terms and conditions as the Board of
Selectmen shall consider proper and to deliver a deed or deeds therefor to said purchaser or
purchasers; and to see what sum the Town will raise by borrowing or transfer from available
funds or otherwise and appropriate to the Board of Selectmen to carry out the purposes of
this vote; or take any other action with respect thereto:
The land shown as Parcel 2 on Assessors' Plat #46, bounded as follows:
Southeasterly: By land of Boston Gas Co. shown as Lot 3 on Assessors' Plat #46.
Southwesterly: By land of the Boston and Maine Railroad
Northwesterly: By land of General Tire Company, shown as Lot 2 on Assessors' Plat
#45, and land of Earle B. Kaufman et al, shown as Lot 1 on Assessors' Plat #46.
Northeasterly: By John Street as shown on said Plat #46.
Said lot containing 15.229 acres, more or less, according to said Plat #46.
Board of Selectmen
ARTICLE 7. To see if the Town will vote to authorize, empower and instruct the
Board of Selectmen to sell the following described parcel of land located on the
Southwesterly side of John Street, in Reading, Massachusetts, on such terms and conditions
as they may negotiate with Earle B. Kaufman et al, owners of Lot 1, Assessors' Plat 46.
A certain 20 -foot strip of land presently owned by the Inhabitants of the Town of
Reading, located on the Northwesterly portion of Parcel 2, Assessors' Plat 46, and bounded
and described as follows:
Northwesterly: By the Southeasterly boundary line of land of Earle B. Kaufman et al
and shown as Lot 1 on said Assessors' Plat 46.
Northeasterly: by John Street on said Plat 46, a distance of 20 feet.
Southeasterly: by other land of the Town of Reading shown as Parcel 2 on Assessors'
Plat 46 on a line parallel to and for the length of the boundary line of said Parcel 1 on said
Plat 46.
Northwesterly: by other land of the Town of Reading shown as Parcel 2 on Assessors'
Plat 46, a distance of 20 feet to the corner bound where Parcel 1 on Assessors' Plat 46
meets the Southeasterly corner bound of land of General Tire and Rubber Company, shown
as Parcel 2 on Assessors' Plat 45.
Said parcel contains 14,600 square feet more or less.
or what it will do in relation thereto.
Board of Selectmen
by courtesy and without prejudice
160 Subsequent Town Meeting Warrant November 14, 1983
ARTICLE 8. To see if the Town will vote to authorize the Board of Selectmen of
the Town of Reading to convey all or any part of the following described property, with the
buildings thereon, presently occupied by the Department of Public Works of the Town of
Reading and located on the Southwesterly side of John Street in Reading, consisting of 4.7
acres of land, more or less, to American Realty Development Corporation, a Massachusetts
corporation with a principal place of business at 93 Charles Street, Boston, Massachusetts
02114 or its nominee, for the minimum amount of Eight Hundred Thousand Dollars
($800,000.00); to authorize the Board of Selectmen to convey all or any part of said property
for such amount or a larger amount and upon such other terms and conditions as the Board
of Selectmen shall consider proper and to deliver a deed therefor to said purchaser; and to
see what sum the Town will raise by borrowing or transfer from available funds or otherwise
and appropriate to the Board of Selectmen to carry out the purpose of this vote; or take any
other action with respect thereto:
4.7 acres of land, more or less, located on the Southwesterly side of John Street in
Reading, MA, bounded and described as follows:
340' Southeasterly along John Street, beginning from a point 7.5' before existing
incinerator access road to northeast edge of existing drainage canal.
447.5' Northwesterly along edge of drainage canal to an elbow at edge of existing
parking lot.
475' Westerly along edge of drainage canal in straight line to a point 22.6' from
B & M railroad tracks.
177.5' Northerly along street line 22.6' from B & M railroad tracks to a point 25'
beyond the existing incinerator.
915' Easterly back to John Street on a line passing 20' south of Metal Cold
Storage building used by the DPW.
Being a portion of the land shown as Parcel 2 on Assessors' Plat #46.
Board of Selectmen
By courtesy and without prejudice
ARTICLE 9. To see if the Town will vote to authorize the Board of Selectmen of
the Town of Reading to convey all or any part of the following described property, with the
buildings thereon, presently occupied by the Department of Public Works of the Town of
Reading and located on the Southwesterly side of John Street in Reading, consisting of
13.757 acres of land, more or less, to American Realty Development Corporation, a
Massachusetts corporation with a principal place of business at 93 Charles Street, Boston,
Massachusetts, 02114, or its nominee, for the minimum amount of One Million Six Hundred
Thousand Dollars ($1,600,000.00); to authorize the Board of Selectmen to convey all or any
part of said property for such amount or a larger amount and upon such other terms and
conditions as the Board of Selectmen shall consider proper and to deliver a deed therefor to
said purchaser; and to see what sum the Town will raise by borrowing or transfer from
available funds or otherwise and appropriate to the Board of Selectmen to carry out the
purpose of this vote; or take any other action with respect thereto:
The land shown as Parcel 2 on Assessors' Plat #46, bounded as follows:
Southeasterly: By land of Boston Gas Co. shown as Lot 3 on Assessors' Plat #46.
Southwesterly: By land of the Boston and Maine Railroad.
Northwesterly: By land of General Tire Company, shown as Lot 2, on Assessors' Plat
#45, and land of Earle B. Kaufman et al, shown as Lot 1 on Assessors' Plat #46.
Northeasterly: By John Street as shown on said Plat 146.
But excluding therefrom the land shown on said Plat #46 as "Access Road" and "Drainage
Canal" containing 1.472 acres, more or less. Said land shown as Parcel 2 on Assessors' Plat
#46 less the 1.472 acres, more or less, contains 13.757 acres, more or less.
Board of Selectmen
By courtesy and without prejudice
ARTICLE 10. To see if the Town will vote to authorize, empower and instruct the
Board of Selectmen to accept the proposal and offer from The Analytic Sciences
Corporation, a Massachusetts Corporation with principal place of business at 1 Jacob Way,
Reading, Massachusetts, to purchase that parcel of land, with the buildings thereon,
presently occupied by the Department of Public Works, and located on the Southwesterly
side of John Street, in said Reading, comprised of 15.229 acres of land, more or less. Said
parcel being shown as Parcel 2 on Assessors' Plat #46 and is bounded as follows:
Southeasterly: By land of Boston Gas Co. shown as Lot 3 on Assessors' Plat #46.
Southwesterly: By land of the B & M Railroad
161
Subsequent Town Meeting Warrant November 14, 1983
Northwesterly: By land of General Tire Company, shown as Lot 2, on Assessors' Plat
#45, and land of Earle B. Kaufman et al, shown as Lot 1 on Assessors' Plat #46.
Northeasterly: By John Street as shown on said Plat #46.
Said lot containing 15.229 acres, more or less, according to said Plan.
Or what it will do in relation thereto.
Board of Selectmen
By courtesy and without prejudice
ARTICLE 11. To see if the Town will vote to authorize, instruct and direct the
Board of Selectmen to grant to Transitron Electronic Corporation a fifty foot wide right of
WNW way or fee ownership over property of the Town of Reading presently occupied by the
Department of Public Works and located on the westerly side of John Street for the purpose
of providing access for all purposes from John Street to the land of Transitron Electronic
Corporation over the B & M railroad tracks. The precise location of such right of way or
strip of land and the purchase price to be as determined by the Board of Selectmen. Or to
see what it will do in relation thereto.
Board of Selectmen
ARTICLE 12. To see if the Town will vote to amend the Capital Outlay Plan, as
provided for in Article III, Section II of the By -Laws of the Town, as previously adopted by
the Town, or take any other action with respect thereto.
Finance Committee
ARTICLE 13. To see if the Town will vote to amend Article VI, Section 1. of the By-
Laws of the Town of Reading by deleting Section 1. in its entirety and substituting therefor
the following as Section 1., which amendment to Article VI shall take effect thirty (30) days
after the by -law has been approved by the Attorney General acting pursuant to
Massachusetts General Laws Chapter 40, Section 32 or thirty (30) days after the by -law is
deemed effective pursuant to G.L. c.40, s32 by reason of the failure of the Attorney General
to seasonably act upon a request for the approval of said by -law, provided in either instance
that the other prerequisites for the effectiveness of a by -law set forth in G.L. c. 40, s 32
have been complied with, or take any other action with respect thereto:
"Section 1. There shall be a Law Committee consisting of five members appointed
by the Board of Selectmen. The composition of the Law Committee shall be as follows: one
*A=W member shall be a member of the Board of Selectmen and shall be appointed for a term of
one to three years; two members shall be members of any elected Town Board or
Committee and each shall be appointed for a term of one to three years; and two members
shall be citizens of the Town and each shall be appointed for a term of three years, provided
that no Town Board or Committee shall have more than one member on the Law Committee.
The Law Committee shall annually elect one of its members to serve as Chairman of the
Law Committee. The Law Committee shall hereafter annually on or before the first day of
June, and whenever a vacancy shall exist, choose a competent lawyer or law firm to act as
Town Counsel, but only after the Law Committee has consulted with or solicited input on
the selection of Town Counsel from all elected Town Boards and Committees. The term of
office of said Town Counsel shall begin on the first day of July or the date of his selection
by the Law Committee and shall continue until the following thirtieth day of June or until
his successor is appointed. The Town Counsel shall serve at the pleasure of the Law
Committee."
Law Committee
ARTICLE 14. To see if the Town will vote to amend Article VI, Section 3 of the By-
Laws of the Town of Reading by deleting Section 3 in its entirety and substituting therefor
the following as Section 3, or take any other action with respect thereto:
"Section 3. The Law Committee shall have the authority to institute, prosecute
and defend through the Town Counsel or any Special Counsel employed by the Law
Committee pursuant to Section 2. of this Article VI all claims, actions, and proceedings to
which the Town is a party or in which any right or interest of the Town is involved. The
Town Counsel or any Special Counsel so employed by the Law Committee shall not make any
final settlement of any litigation to which the Town is a party unless he has been duly
authorized by a vote of the Law Committee or by a vote of the Town Meeting. The Law
Committee shall have the authority to compromise and settle all suits involving the payment
by the Town of Twenty Thousand Dollars ($20,000.00) or less, and it shall further have the
authority to compromise or settle all claims, actions, proceedings and suits arising under
Workmen's Compensation or related disability insurance statutes, involving payment by the
Town of Fifty Thousand Dollars ($50,000.00) or less. A Town Meeting must approve the
compromise or settlement of all suits involving the payment by the Town of more than
Subsequent Town Meeting Warrant November 14, 1983
Twenty Thousand Dollars ($20,000.00), except for claims, actions, proceedings and suits
arising under Workmen's Compensation or related disability insurance statutes, in which case
a Town Meeting must approve the compromise or settlement of all such matters involving
the payment by the Town of more than Fifty Thousand Dollars ($50,000.00)."
Board of Selectmen
ARTICLE 15. To see if the Town will vote to accept the provisions of Massachusetts
General Laws Chapter 40, Section 13A relating to the establishment and maintenance of an
insurance fund to pay workmen's compensation, or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 16. To see what sum the Town will vote to transfer from the sums
appropriated under Article 47, line item 165, Casualty Insurance, of the May 2, 1983 Annual
Town Meeting of the Town of Reading, for the purposes of Workmen's Compensation and
related disability insurance matters and appropriate to the insurance fund to pay Workmen's
Compensation to be established by the Town under the authority of Massachusetts General
Laws Chapter 40, Section 13A, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 17. To see if the Town will vote to accept and adopt the provisions of
Section 1, Chapter 60A of the General Laws, as recently amended by Chapter 597 of the
Acts of 1982.
Board of Assessors
ARTICLE 18. To see if the Town will vote to amend the By -Laws of the Town of
Reading by adopting the following, relating to newsracks, as Article XXXVI thereof, or take
any other action with respect thereto:
"ARTICLE XXXVI
NEWSRACKS
Section 1. The purpose of this By -Law is to protect the Town of Reading and its
inhabitants from the unregulated installation, use or maintenance of newsracks on public
streets, sidewalks and other public properties. The unregulated installation, use or
maintenance of newsracks on public streets, sidewalks and other public properties will result
in obstruction of sidewalks that will interfere with the public's right to unhampered passage
thereon, will create traffic congestion or illegal parking or stopping by motorists in order to
purchase newspapers, periodicals or other printed matter, will damage municipal property
because of the chaining of newsracks to poles, traffic standards or other fixtures, will
interfere with the performance of required municipal services, will create unsightly
conditions and will endanger the safety and welfare of the inhabitants of the Town of
Reading.
Section 2. DEFINITIONS. For the purposes of this By -Law, the following words
and phrases shall have the meanings given herein. When not inconsistent with the context,
words used in the present tense include the future; words in the plural include the singular;
and words in the singular include the plural:
Distributor - any person responsible for the installation, use or maintenance of a
newsrack in or on a public street.
Newsrack - any self- service or coin - operated box, container, storage unit, or other
dispenser installed, used or maintained for the display and sale of newspapers, periodicals or
other printed matter.
Person - any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, or any other legal entity or its
legal representatives, agents, or assigns.
Public Street - the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of vehicular
travel, and it includes any alley or other public property in the Town of Reading.
Roadway- that portion of a public street improved, designed or ordinarily used
for vehicular travel, including the curb or shoulder.
Sidewalk - that portion of a public street between the curblines or lateral lines of
a roadway and the adjacent property lines, intended for use by pedestrians.
Section 3. No person shall install, use or maintain any newsrack which projects
onto, into or over any part of the roadway of any public street.
Section 4. A. No person shall install, use or maintain any newsrack which in
whole or in part rests upon, in or over any sidewalk or other public place when such
installation, use or maintenance endangers the safety of persons or property or when such
site or location is used for public utility purposes, public transportation purposes or
U0 no
Subsequent Town Meeting Warrant November 14, 1983
government use or when such newsrack unreasonably interferes with or impedes the flow of
pedestrian or vehicular traffic, the ingress into or egress from any residence, place of
business or any legally parked or stopped vehicle or the use of poles, posts, trees, traffic
signs or signals, hydrants, mailboxes or other objects permitted at or near said location.
B. Any newsrack which in whole or in part rests upon, in or over any
sidewalk or other public place shall comply with the following standards:
(1) No newsrack shall exceed four (4) feet in height, thirty (30) inches in width or
two (2) feet in depth.
(2) No newsrack shall be chained, bolted or otherwise attached to any property
owned or maintained by the Town of Reading.
(3) No newsrack shall be placed, installed, used or maintained:
(a)
Within three (3) feet of any crosswalk.
(b)
Within twenty (20) feet of any fire hydrant.
(c)
Within six hundred (600) feet of any other newsrack distributing the same
newspaper.
(d)
Within five (5) feet of any fire or police call box or other emergency
facility.
(e)
Within five (5) feet of any driveway, public or private.
(f)
Within three (3) feet ahead or fifteen (15) feet to the rear of any
designated bus stop, taxi stand or place marked for handicapped parking.
(g)
Within three (3) feet of any public bench, bus bench or shelter.
(h)
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than five (5) feet.
(i)
Within three (3) feet of any display window of any building abutting the
sidewalk or other public place in such a manner as to impede or interfere
with the reasonable use of such window for display purposes.
(j)
No newsrack shall be used for advertising signs or publicity purposes other
than that which is essential to identify the newspaper, periodical or other
printed matter offered for sale therein. Advertising signs, promotional
decorations, banners and moving signs shall not be permitted on the
newsrack, except as otherwise provided in this sub - section. Neither the
newsrack nor any of the permitted lettering thereon shall employ
tow
reflectorized paint, day -glo, fluorescent or scotchlite reflective materials
or materials of like nature.
(k)
Each newsrack shall be maintained in a clean and neat condition and in
good repair at all times, including snow removal from on the newsrack and
within one (1) foot in all directions around the base or bottom of the
newsrack.
(1) Every person who places or maintains a newsrack on the public streets of
the Town of Reading shall have his name, address and telephone number
affixed thereon in a place where such information may easily be seen.
(m) Every person who places or maintains a newsrack on the public streets of
the Town of Reading shall give written notification of the location of any
such newsrack to the Board of Public Works.
Section 5. The provisions of this By -Law shall apply to existing newsracks within
the Town of Reading, except that the distributors thereof shall have thirty (30) days within
which to comply with the said provisions or within such additional time as may be allowed in
the discretion of the Board of Public Works.
Section 6. A. If any distributor violates any provision of this By -Law, it shall be
the duty of the Chief of Police or his designee to determine whether or not such a violation
has occurred and thereafter to notify the distributor to correct the violation within three (3)
days thereafter. Such notification and direction shall be in writing; it shall specify the
nature of the violation and whether or not it warrants removal of the newsrack if not
corrected withn three (3) days, and it shall direct correction; it shall be served upon the
distributor in hand, or it shall be telephoned to the distributor at the telephone number
designated by the distributor as provided in section 4.13.(3)(1) above and confirmed in a
written notice, mailed by certified mail with return receipt requested to the address
designated by the distributor as provided in section 4.13.(3)(1) above. During such three -day
period, the distributor shall have a right to a hearing before the Chief of Police or his duly
designated representative to determine whether or not such violation has occurred and
whether or not the nature of such claimed violation warrants removal prior to final
determination. At such hearing the distributor shall have the right to examine the evidence
upon which the Chief of Police acted, to cross - examine any witnesses who may have
appeared before him and to offer any evidence which may tend to show that the subject
newsrack does not violate any provision of this By -Law and that the claimed violation is not
of a nature which warrants removal prior to final determination. The hearing officer shall
promptly review such evidence, notify the distributor of his decision with respect thereto,
164
Subsequent Town Meeting Warrant November 14, 1983
and if necessary, afford the distributor a reasonable opportunity to comply with such
determination. If said violation is not corrected within such three -day period or such
further reasonable period as may be contained in a superseding notice by the hearing officer,
the Board of Public Works shall be directed by the Chief of Police to remove such newsrack
and place it in storage in a secure place. The cost of removal and storage shall be billed to
the distributor, and in the event of nonpayment, a civil suit for money damages may be
brought by the Town Counsel.
If such newsrack is not claimed within thirty (30) days, it shall be treated as abandoned
property and disposed of as provided by law.
B. Any distributor who, having been notified and directed as provided
herein to correct a violation of the provisions of this By -Law, fails to correct such violation
as provided in such notice shall be guilty of a violation of this By -Law and shall be subject to
punishment as provided in Article XXVII of the By -Laws of the Town of Reading. Each day
the violation remains uncorrected shall be considered a separate offense and violation of
this By -Law.
C. Any distributor or other person aggrieved by a finding, determination,
notice or action taken under the provisions of this By -Law may appeal to the Board of Public
Works. An appeal shall be made in writing, and it must be filed within three (3) days after
the receipt of written notice of any protested decision or action with the Town Clerk by a
letter of appeal briefly stating therein the basis for such appeal. A hearing thereon shall be
scheduled to be held on a date no more than fifteen (15) days after receipt of such letter.
The appellant shall be given at least five (5) days notice of the time and place of the
hearing. The Board of Public Works shall give the appellant or any other interested person a
reasonable opportunity to be heard in order to show cause why the determination or action
appealed from should not be upheld. The Board of Public Works shall make a final
determination at the conclusion of the hearing or as soon thereafter as is practicable. In the
event that a distributor is successful in reversing a determination that the claimed violation
was of a nature which warranted removal pending a final determination, no fee shall be
imposed for the removal and storage of the newsrack which was the subject of the appeal,
and failure to comply with such determination shall not serve as a basis for prosecution
under subsection B. of this Section 6.
Section 7. Nothing contained in this By -Law shall be interpreted to limit or
impair the exercise by the Town of Reading of its police power in the event of an emergency
to remove any newsrack which presents a clear and present danger of imminent personal
injury or property damage to users of the public streets of the Town. Further, nothing
contained in this By -Law shall be interpreted to limit or impair the ability of the Town of
Reading to temporarily remove or relocate any newsrack in order to allow the Town to
perform municipal work or other services in the location or immediate vicinity of such
newsrack, in the event such newsrack has not been temporarily removed or relocated by the
distributor within twenty -four (24) hours of telephone or written notice from the Town of its
intention to perform municipal work or services in the location or immediate vicinity of
such newsrack.
Section 8. Any distributor placing newsracks on sidewalks or other public place
within the Town of Reading shall provide liability insurance in the amount of $1,000,000.00,
for each occurrence, for bodily injury, and in the amount of $500,000.00, for each
occurrence, for property damage, naming the Town of Reading as an insured. Any such
distributor shall further agree to hold the Town of Reading, its Officers, Boards,
Commissions, Committees, and their employees, agents, and assigns, harmless in any suit
brought against the Town or any of its Officers, Boards, Commissions, Committees, and
their employees, agents and assigns arising out of the use, operation or maintenance of the
newsracks. Any distributor placing newsracks on sidewalks or other public places within the
Town of Reading shall further indemnify and hold the Town of Reading, its Officers, Boards,
Commissions, Committees, and their employees, agents and assigns harmless from any
damage caused to any newsrack by virtue of the Town of Reading performing snow removal
or other municipal services on the Town's public streets, roadways and sidewalks.
Section 9. In the event any section, subsection or provision of this Article XXXVI
shall be held to be invalid, such invalidity shall not effect the validity of any other section,
subsection or provision hereof."
Board of Public Works
ARTICLE 19. To see if the Town will vote to amend Article XIV, Section 1. of the
By -laws of the Town of Reading by adding the following sentence thereto, or take any other
action with respect thereto:
"The provisions of this Section 1. shall not apply to newsracks as defined in Article
XXXVI of these By -Laws, if the provisions of Article XXXVI are complied with."
Board of Public Works
165
Subsequent Town Meeting Warrant November 14, 1983
ARTICLE 20. 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 purpose of
improving, constructing and reconstructing Town Public Ways in accordance with Chapter
289 of the Acts of 1983, such sums to be spent by and under the direction of the Board of
Public Works and in such locations as the Board of Public Works may deem advisable, or take
any other action with respect thereto.
Board of Public Works
ARTICLE 21. To see if the Town will vote to authorize the Board of Public Works to
file in the name 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 previously raised and appropriated for improvements to
the water system; to appropriate any such funds so received to the Board of Public Works to
be used together with the funds previously appropriated for said improvements to the water
system; and to authorize the Board of Public Works to proceed with said improvements to
the water system 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; or
take any other action with respect thereto.
Board of Public Works
ARTICLE 22. To see what sums the Town will transfer from available funds, or
otherwise, and appropriate for the purpose of purchasing unwanted grave spaces or take any
other action with respect thereto.
Board of Cemetery Trustees
ARTICLE 23. To see what sum the Town will raise by borrowing, or transfer from
available funds, or otherwise, and appropriate to the Building Maintenance Department for
the purpose of supplementing and renovating the electrical system in the Municipal Building
at 16 Lowell Street, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 24. To see what sum the Town will raise by borrowing, or transfer from
available funds, or otherwise, and appropriate for the purpose of buying and installing an
electric generator to supply emergency power at the Police Station or take any other action
with respect thereto.
Board of Selectmen
ARTICLE 25. To see what sum the Town will raise by borrowing, or transfer from
available funds, or otherwise, and appropriate for the purpose of implementing a system of
parking fees and restrictions for the Depot and Reading Square Area, or take any other
action with respect thereto.
Board of Selectmen
ARTICLE 26. To see if the Town will vote to authorize the Board of Selectmen of
the Town of Reading to lease to one or more lessees on such terms and conditions as they
determine to be in the best interests of the Town, or to convey all or any part of the
following described property with the buildings thereon, consisting of a portion of the site
known as the Reading Railroad Depot, to one or more purchasers to be determined by the
Board of Selectmen; to see what minimum amount(s) shall be paid for the conveyance of all
or any part of said property, to authorize the Board of Selectmen to convey all or any part
of said property for such amount(s) or larger amount(s) and upon such other terms and
conditions as the Board of Selectmen shall consider proper and to deliver a deed or deeds
therefor to said purchaser or purchasers; and to see what sum the Town will raise by
�Aw borrowing or transfer from available funds or otherwise and appropriate to the Board of
Selectmen to carry out the purposes of this vote; or take any other action with respect
thereto:
Beginning at a point, said point being on the Northeasterly sideline of Lincoln Street;
Thence N 59 degrees 14' - 46 "W, a distance of 135.01 feet along the Northeasterly
sideline of Lincoln Street, to a point;
Thence N 65 degrees 46' -47" W, a distance of 2.00 feet along the Northeasterly
sideline of Lincoln Street, to a point;
Thence N 30 degrees 45' -14" E, a distance of 40.78 feet, to a point;
Thence S 59 degrees 14' -46" E, a distance of 137.00 feet, to a point;
Subsequent Town Meeting Warrant November 14, 1983
Thence S 30 degrees 45' -14" W, a distance of 40.55 feet, to a point, said point being
the point of beginning of this description;
Said parcel of land containing 5,555.75 square feet more or less.
Board of Selectmen
ARTICLE 27. To see if the Town will establish a Municipal Space Building
Committee of seven members to be appointed jointly by the Board of Selectmen and a
liaison from the Finance Committee. Said committee shall have at least one member from
each of the following: Board of Selectmen, Board of Public Works and School Committee
for the purpose of producing plans and estimates for converting the Pearl Street School
property for a Town Hall and /or other Town Uses, and to see what sum will be raised by
borrowing or transfer from available funds or otherwise and appropriated for the purpose of
hiring consulting engineers, architectural services, plans and surveys and other expenses
required to accomplish the Committee's purpose. Said sum to be expended under the
direction of the Committee, or take any other action with respect thereto.
Space Study Committee
ARTICLE 28. To see if the Town will vote to transfer the care, custody,
management and control of the following described land and buildings thereon, commonly
known as the Community Center, from the Board of Selectmen and /or the School
Committee of the Town of Reading to the Board of Selectmen for general municipal
purposes, including its use as a Community Center and /or sale by the Town of Reading, or
take any other action with respect thereto:
The land with the buildings thereon situated in Reading, Middlesex County,
Massachusetts, known as and numbered 52 Sanborn Street, bounded and described as follows:
Beginning at the Southeasterly corner thereof at a drill hole in a capstone on the Westerly
side of Sanborn Street; thence running Westerly by land now or formerly of Luther G.
Howard and by land now or formerly of Mrs. Proctor's Heirs, Two Hundred Sixty -Seven and
4/10 (267.4) feet to Linden Street to a stake in concrete; thence turning and running
Northerly by Linden Street, Two Hundred Sixty -One and 51100 (261.05) feet to land now or
formerly of Adelaide M. Sheak; thence turning and running Easterly by land now or formerly
of Adelaide M. Sheak and by land now or formerly of Mrs. Bosson, Two Hundred Sixty -Eight
and 4/10 (268.4) feet to Sanborn Street; thence turning and running Southerly by Sanborn
Street, Two Hundred Sixty (260) feet to the point of beginning. Being the land shown on a
plan of land labeled: "Surveyed for Miss Sheak. Scale 1 in = 40 ft. April 23, 1904. James
A. Bancroft, Surveyor." recorded at the Middlesex County South District Registry of Deeds
at the end of Book 3093. Containing 69,787 square feet according to said Plan. Said land is
also shown as Lot 32 on Reading Board of Assessors Plat No. 75, shown as containing 69,980
square feet according to said Assessors Plat 75.
Space Study Committee
ARTICLE 29. To see if the Town will vote to authorize the Board of Selectmen of
the Town of Reading to take all steps, legal or otherwise, necessary to remove or extinguish
any conditions or restrictions currently existing in the April 23, 1904 deed from Adelaide M.
Sheak to the Town of Reading recorded at the Middlesex County South District Registry of
Deeds in Book 3093, Page 61 relating to the land known as and numbered 52 Sanborn Street,
commonly referred to as the Community Center Site, and shown as Lot 32 on Reading Board
of Assessors Plat No. 75, so that all or any part of said property may be sold by the Town of
Reading f ree of any such conditions or restrictions in the event that such sale is authorized
by the Town of Reading, or take any other action with respect thereto.
Space Study Committee
ARTICLE 30. To see if the Town will vote to authorize the Board of Selectmen of
the Town of Reading to convey all or any part of the following described property,
commonly known as the Community Center, to a purchaser for full and fair cash value; to
see what minimum amount shall be paid for such conveyance, to authorize the Board of
Selectmen to convey all or any part of such property for such amount or a larger amount and
upon such other terms and conditions as the Board of Selectmen shall consider proper and to
deliver a deed therefor to said purchaser; and to see what sum the Town will raise by
borrowing or transfer from available funds or otherwise and appropriate to the Board of
Selectmen to carry out the purposes of this vote; or take any other action with respect
thereto:
The land with the buildings thereon situated in Reading, Middlesex County,
Massachusetts, known as and numbered 52 Sanborn Street, bounded and described as follows:
Beginning at the Southeasterly corner thereof at a drill hole in a capstone on the Westerly
side of Sanborn Street; thence running Westerly by land now or formerly of Luther G.
Howard and by land now or formerly of Mrs. Proctor's Heirs, Two Hundred Sixty -Seven and
67
Subsequent Town Meeting Warrant November 14, 1983
4/10 (267.4) feet to Linden Street to a stake in concrete; thence turning and running
Northerly by Linden Street, Two Hundred Sixty -One and 5/100 (261.05) feet to land now or
formerly of Adelaide M. Sheak; thence turning and running Easterly by land now or formerly
of Adelaide M. Sheak and by land now or formerly of Mrs. Bosson, Two Hundred Sixty -Eight
and 4/10 (268.4) feet to Sanborn Street; thence turning and running Southerly by Sanborn
Street, Two Hundred Sixty (260) feet to the point of beginning. Being the land shown on a
plan of land labeled: "Surveyed for Miss Sheak. Scale 1 in = 40 ft. April 23, 1904. James
A. Bancroft, Surveyor. recorded at the Middlesex County South District Registry of Deeds
at the end of Book 3093. Containing 69,787 square feet according to said Plan. Said land is
also shown as Lot 32 on Reading Board of Assessors Plat No. 75, shown as containing 69,980
square feet according to said Assessors Plat 75.
Space Study Committee
%1W ARTICLE 31. To see what sum the Town will vote to borrow, transfer from available
funds, or otherwise, and appropriate for the purpose of providing additional temporary
Municipal Office Space in the Old Library Building, Lowell St., by making the necessary
repairs and modifications to the Old Library Building and to fund the costs of moving Town
Departments into said Building, said sums to be expended under the direction of the Board of
Selectmen or take any other action with respect thereto.
Board of Selectmen
ARTICLE 32. To see what sum the Town will vote to borrow, transfer from available
funds, or otherwise, and appropriate to the Building Maintenance Department for the
purpose of providing maintenance to the Old Library Building, Lowell St., or take any other
action with respect thereto.
Board of Selectmen
ARTICLE 33. To see if the Town will vote to authorize the Board of Selectmen or
Board of Public Works of the Town of Reading to convey by deed, abandonment of easement
or othewise to the Department of Public Works of the Commonwealth of Massachusetts
pursuant to Chapter 634 of the Acts of 1971 all right, title, and interest of the Town of
Reading to the certain vehicular bridge described as "M.D.P.W.# R -3 -1, RR# 12 -55, Public
Way - Mineral Street ", said bridge being a continuation and extension of a public way in the
Town of Reading known as Mineral Street, providing vehicular passage for the public over
the tracks now or formerly owned by the Boston & Maine Corporation, said conveyance to be
made at the expense of the Town of Reading and in compliance with the provisions of
Chapter 634 of the Acts of 1971 and subject to such terms and conditions and the retention
or assumption of such easements or obligations as may be required by law o- shall be
considered proper by the Board of Selectmen or Board of Public Works, or take any other
action with respect thereto.
Board of Public Works
ARTICLE 34. To see if the Town will vote to amend Section 3.2. of the Town's
Zoning By -laws by deleting the words "September 10, 1978," and inserting in place thereof
the following "November / , 1983," so that the section in its entirety will read as follows, or
take any other action in regard thereto:
3.2. Zoning Map
Districts are shown, defined and bounded on the map entitled "Reading Zoning Map ",
dated November / , 1983, as amended, consisting of an index map and 35 sheets
containing 39 detailed maps, prepared and signed by the Planning Board, which
constitutes a part of these By -laws. The map shall be kept on file and current by the
Planning Board, who shall supply copies to the Town Clerk, the Building Inspector and
the Board of Appeals. 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
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.
Planning Board
ARTICLE 35. To see if the Town will amend the Reading Zoning By -Laws to allow a
'fir• nursing home in a Residential S -20 Zoning District which abuts a Business A District under
limited and stringent circumstances by adding Paragraph 4.3.1.4, as follows:
4.3.1.4. The Board of Appeals may grant a Special Permit for a nursing home
in a Residence 5 -20 Zoning District, if, as a minimum, the following conditions are met:
(a) The lot on which the nursing home is to be located either abutts or is partially
within a Business A District. A lot shall not be considered as abutting a Business A District
unless that lot actually, physically touches the Business A District. A lot on the other side
of or separated by a street or highway from a Business A District shall not be considered to
"abut" that district for the purpose of this section.
168
Subsequent Town Meeting Warrant November 14, 1983
(b) The lot and structure meet all of the dimensional controls as contained in
Section 5.1.2.
(c) The nursing home structure shall not be less than one hundred (100) feet from the
nearest dwelling existing at the time of the application for the Special Permit.
(d) The lot shall be not less than three acres in size with not less than four hundred
feet (400) of frontage on an existing public way.
(e) The nursing home shall be tied into municipal water and sewer service when
constructed.
(f) All parking shall be situated as near to the Business A District as is feasible.
(g) The nursing home shall meet all applicable building code requirements and shall
have properly installed and maintained fire safety devices and shall conform to all
applicable local and state regulations and statutes for the protection of all occupants in the
nursing home.
(h) Sideline planting shall be required for any sideline of the lot which
abutts land being used for residential purposes. The sideline planting area shall be at least
five feet wide, shall be free of any paving and shall extend from the street line to twenty
feet beyond the deepest point on the premises having buildings. The full length of the
planting area shall be provided with screening through plantings at least four feet high when
planted. Fencing may be used in conjunction with such screening.
(i) Front screening shall be provided between the building and the street line
through a staggered row of trees, either planted or retained, having at least a two inch trunk
diameter and being of size, specie and spacing such that the tree crowns will approximately
meet each other at maturity. All trees used for front screening shall be of species common
to the area and which reach an ultimate height of not less than thirty feet.
(j) If at the time of application for a Special Permit under this provision, there are
one or more single family dwellings situated on the lot or lots immediately abutting and to
the rear of the lot upon which the nursing home is proposed, the Board of Appeals may
require reasonable rear lot line plantings for screening purposes.
A person may make application to the Board of Appeals for a Special Permit for the
construction of a nursing home in compliance with all of the above - listed restrictions.
Submitted with the application shall be one or more site plans prepared, signed and sealed by
a registered land surveyor, registered professional engineer or registered architect which
shall indicate the size of the lot, the dimensions of the lot, the proposed location,
dimensions and height of the nursing home structure, the building offset dimensions, the
parking and driveway layout, the entrance and exit ways, proposed grade changes, the
location of any zoning overlay districts on the lot and the location, distance and use of each
existing principal structure situated on abutting property but within one hundred feet of the
proposed nursing home structure.
By Petition
ARTICLE 36. To see if the Town will amend the Reading Zoning By -Laws to specify
a minimum number of off - street parking spaces and a minimum number of off - street loading
and unloading spaces for a nursing home by amending the table in the By -Laws at Section
6.1.1.3, as follows:
That the Town amend the Reading Zoning By -Laws by inserting and adding the
following off - street parking and loading requirements for a nursing home after those
established for Lodging Houses, Hotels, Motels, and Tourist Homes in Section 6.1.1.3, and
under the following tables:
Minimum Number of Minimum Number of
Off - Street Parking Off - Street Loading and
Principal Use Space Required Unloading Space Required
Nursing Home one space for each one space for each
three licensed beds seventy licensed beds
By Petition
ARTICLE 37. To see if the Town will vote to adopt, with or without amendments,
the Capital Outlay Plan to be presented to Town Meeting by the Finance Committee,
pursuant to Article III, Section 11 of the By -Laws of the Town, or take any action with
respect thereto.
Finance Committee
169
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 14, 1983, 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 26th day of September, 1983.
John H. Russell, Chairman
Maureen T. O'Brien
Marvin M. Rosenthal
Paul C. Dustin
Paul E. Landers
SELECTMEN OF READING
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on October 8, 1983 notified and warned the
inhabitants of the Town of Reading, qualified to vote in elections and town affairs, to
meet at the place and at the time specified by posting attested copies of this Warrant
in the following public places within the Town of Reading:
Precinct 1. Convenient Food Mart, 1349 Main Street
Old Hose House, 1249 Main Street
St. Athanasius Church, 300 Haverhill Street
Precinct 2. Reading Police Station, 67 Pleasant Street
Cumberland Farms, 305 Salem Street
Anton Cleaners, 47 Harnden Street
Precinct 3. Friendly Variety Store, 245 Washington Street
Reading Liquors, 345 Main Street
Wayside Bazaar, 107 Main Street
Precinct 4. Hanson's Service Station, 4 West Street
Dragon Corner Store, 206 West Street
Spence Farm Market Gardens, 40 West Street
Precinct 5. Community Center, 52 Sanborn Street
B & M Railroad Station, High Street
Joshua Eaton School, 365 Summer Avenue
Precinct 6. Fire Station, 267 Woburn Street
Housing for the Elderly, 1 Frank D. Tanner Drive
Alice M. Barrows School, 16 Edgemont Avenue
Precinct 7. Austin Preparatory School, 101 Willow Street
P & S Convenient Store, 287 Lowell Street
Town Hall, 16 Lowell Street
Precinct 8. Meadowbrook Golf Club, 292 Grove Street
Memorial High School, 62 Oakland Road
Arthur W.Coolidge Jr.High School, 89 Birch Meadow Drive
The date of posting being not less than fourteen days prior to November 14, 1983
the date set for the meeting in this Warrant.
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue of October 12, 1983.
A true copy. Attest:
Sally M. Hoyt
Constable of Reading
Lawrence Drew
Town Clerk