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HomeMy WebLinkAbout1986-11-13 Adjourned Subsequent Town Meeting MinutesADJOURNED SUBSEQUENT TOWN MEETING W. S. Parker Middle School November 13, 1986 The meeting was called to order by the Moderator, Stephen J. O'Leary, at 7:55 P. M. The invocation was given by Leslie H. York, followed by the Pledge of Allegiance to the Flag. ARTICLE 2. On motion of Paul E. Landers it was voted to take Article 2 from the table. ARTICLE 2. On motion of Daniel A. Ensminger it was voted that the Community Planning & Development Commission, acting through the offices of the Town Manager and with the full support of the Board of Selectmen, is hereby instructed to continue to seek a state EOCD Grant to partially fund a Town Planner for calendar years 1987, 1988 and 1989, with the understanding that the Town's entire share of matching funds required for FY87 shall be taken from the CPDC's FY87 budget and that matching funds for subsequent years shall be sought as an operating budget line item at the Annual Town Meeting in 1987 and thereafter, but that approval of this motion shall not obligate the Town to fund this position, beyond calendar year 1987. 69 voted in the affirmative 14 voted in the negative ARTICLE 2. Moderator Stephen J. O'Leary, appointed Henry A. Higgott Chairman pro tem of the Home Rule Committee to call meetings of all precinct chairmen. ARTICLE 2. On motion of Paul E. Landers it was voted to place Article 2 on the table. ARTICLE 12. On motion of Benjamin E. Nichols it was voted to take Article 12 from the table. ARTICLE 12. The following motion was presented by Benjamin E. Nichols. To see if the Town will vote to amend the Reading Zoning By-Laws by amending; Section 2.0. DEFINITIONS by adding to said DEFINITIONS Section 2.2.15.1. as follows, or take any other action with respect thereto: "Graphic Communications: The process of communicating through computers and telecommunication devices, including typesetting, illustrating, photography, offset printing, binding and fulfillment." To see if the Town will vote to amend the Reading Zoning By-Laws by amending Section 4.2.2. TABLE OF USES, to include as an allowed industrial use in Business B, Business C and Industrial Zones, Graphic Communications. ARTICLE 12. The following report of the Community Planning & Development Commission was presented by Richard D. Howard. The Community Planning & Development Commission held a public hearing in Room 16, Municipal Building, 16 Lowell Street, Reading, Massachusetts, at 9:00 P. M. on Monday evening, October 20, 1986, regarding the proposed Zoning By-Law changes published in the Subsequent Town Meeting Warrant, November 10, 1986, as Article 12 of said Warrant. Three persons attended the public hearing. Regarding Article 12 (Inclusion of Graphic Communications in Definitions and as an allowed use in the Business B Zone), a presentation and discussion of the Article took place. The three persons attending the hearing indicated by a show of hands that they were against passage of Article 12. At the November 3, 1986, meeting of Community Planning & Development Commission, the Commission voted to NOT SUPPORT this proposal for the following reasons: 1. The implied intent of this action would allow a type of use currently prohibited in this Zoning District by defining 'euphemistic' language, as opposed to the 'generic' wording currently in the use table. (A clearer method would have been to change 'no' to 'yes' under that district for printing.) 8:1 2. This action could have serious implications (without study or planning) on the Town's Central Business District (which is also defined by his district designation). 3. The wording is too broad and encompassing beyond the stated intent of the applicant. 4. The C.P.D.C. does not support reactionary Zoning amendments, but might consider this type of change after careful, comprehensive study of the Town's overall needs, goals, and impacts on the community. 5. The Article, as published in the Warrant, does not allow for meaningful amendments which might limit the broad aspects of this change while maintaining the limited nature of the site and intended activity presented at the public hearing by the applicant (without requiring major wording changes that should be subject of a subsequent public hearing and changes which may not be allowable within the limitations of Town Meeting actions on Zoning By-Law Amendment subject matters. The Commission's vote was three members in favor of not supporting Article 12 and one member abstained. ARTICLE 12. On motion of Virginia M. Adams it was voted to place Article 12 on the table. ARTICLE 13. On motion of Daniel A. Ensminger it was voted that the Town amend Section 3.2 of the Zoning By-Laws by adopting a revised Reading Zoning Map dated November 1, 1986, thereby implementing in map form previously approved actions of the Town. This motion was voted in the affirmative by a unanimous vote. ARTICLE 14. On motion of Daniel A. Ensminger it was voted to amend the Reading Zoning By-Laws as follows: Substitute "Community Planning & Development Commission" for "Planning Board": Section 3.2. Section 4.2.1. Section 4.3.3.1. Section 4.3.3.2. Section 4.3.3.3. Section 4.3.3.4. Section 4.3.3.5. Section 4.5.6. Section 4.6.1.i. Section 4.6.2. Section 4.6.3. Section 4.7.3.d. Section 4.7.4. Section 4.7.5. Section 4.7.5.1. - two locations - one location - two locations - two locations - one location - one location - two locations - one location - one location - two locations - eight locations - one location - two locations - nine locations - one location Substitute "Community Planning & Development Commission" for "Board of Survey": Section 4.4.4.2. Section 4.5.2.9. Section 4.5.6. Section 4.6.1.g. Section 4.6.1.i. Section 4.6.2. Section 4.6.3. - one location - one location - one location - two locations - one location - two locations - eight locations Substitute "Department of Public Works" for "Board of Public Works": Section 4.7.4. - one location Section 4.7.5. - one location Delete "Board of Survey": Section 4.7.5. This motion was voted in the affirmative by a unanimous vote. 8`-2 Adjourned Subsequent Town Meeting November 13, 1986 ARTICLE 15. Paul E. Landers moved that the Town propose and approve an amendment to the Reading Home Rule Charter pursuant to General Laws Chapter 438, Section 10, to amend the first sentence of Section 4-4 of the Charter so that the Board of Appeals will consist of five (5) members, each appointed for a five (5) year term and three (3) associate members, each appointed for a three (3) year term, so that said first sentence shall read as follows: "There shall be a Board of Appeals consisting of five (5) members each appointed by the Board of Selectmen for five (5) year terms and three (3) associate members, each appointed by the Board of Selectmen for three (3) year terms all so arranged that the term of one member and one associate member shall expire each year." This motion was voted in the negative. ARTICLE 16. On motion of John H. Russell it was voted that the Town amend Article VI of the By-Laws of the Town by deleting Article VI in its entirety and substituting therefor the following: "Article VI RESOLUTION OF LEGAL MATTERS Section I. The Town Counsel or any other special counsel employed by the Board of Selectmen pursuant to Section 6-5 of the Reading Home Rule Charter 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 Board of Selectmen, or by a vote of the Town Meeting. The Board of Selectmen shall have the authority to compromise and settle all suits involving the payment by the Town of Twenty-Five Thousand Dollars ($25,000) or less, and they 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) or less. A Town Meeting must approve the compromise or settlement of all suits involving payment by the Town of more than Twenty-Five Thousand Dollars ($25,000), except claims, action, proceedings and suits arising under Workmen's Compensation or related disability insurance statutes in which case a Town Meeting must approve or compromise the settlement of all such matters involving the payment by the Town of more than Fifty Thousand Dollars ($50,000)." ARTICLE 17. On motion of Mary S. Ziegler it was voted that the Town propose and approve an amendment to the Reading Home Rule Charter pursuant to General Laws, Chapter 43B, Section 10, to amend Section 8-12 of the Reading Home Rule Charter by deleting the phrase "town office or town employment" in the first sentence thereof, and the phrase "appointing authority" in the second sentence thereof and substituting therefore "town office requiring appointment by the Board of Selectmen" in the first sentence thereof and "Town Clerk" in the second sentence thereof so that Section 8-12 reads: "Whenever a vacancy occurs and is to be filled in any Town office requiring appointment by Board of Selectmen or in any multiple member body, except for positions covered under the civil service law of the Commonwealth, whether by reason of death, resignation, expiration of a fixed term for which a person has been appointed, or otherwise, the Board of Selectmen or other appointing authority shall forthwith cause public notice of the vacancy to be posted on the Town bulletin boards for fifteen (15) days. Any person who desires to be considered for appointment to the position may, within fifteen (15) days following the date notice is posted, file with the Town Clerk a statement setting forth in clear and specific terms his qualifications for the position. No permanent appointment to fill such a position shall be effective until at least twenty-eight (28) days have elapsed following such posting and until all persons filing such statements shall have been considered." This motion was voted in the affirmative by a unanimous vote. ARTICLE 18. On motion of Robert I. Nordstrand it was voted that the Town vote to accept the provision of clause 17D of Section 5, Chapter 59 of the General Laws as most recently amended by the General Court to commence with FY 1987. ARTICLE 19. On motion of Robert I. Nordstrand it was voted that the Town accept the provisions of Clause 41C of Section 5, Chapter 59 of the General Laws as most recently amended by the General Court to commence with FY 1987. ARTICLE 1. On motion of Paul E. Landers it was voted to take Article 1 from the table. ARTICLE 1. On motion of Paul E. Landers it was voted to indefinitely postpone Article 1. ARTICLE 2. On motion of Paul E. Landers it was voted to take Article 2 from the table. ARTICLE 2. On motion of Paul E. Landers it was voted to indefinitely postpone Article 2. On motion of Paul E. Landers it was voted that this meeting stand adjourned sine die. Meeting adjourned at 10:35 P. M. 105 Town Meeting members were present. A true copy. Attest: Lawrence Drew Town Clerk