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HomeMy WebLinkAbout1988-04-14 Special Town Meeting Warrant_187 SPECIAL TOWN MEETING (Seal) COMMONWEALTH OF MASSACHUSETTS April 14, 1988 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 Auditorium, 62 Oakland Road in said Reading, on Thursday, April 14, 1988, at eight o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Mem- bers in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Com- munity Planning & Development Commission, Town Manager and any other Boards or Special Committees. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers and Special Com- mittees and determine what instructions shall be given Town Of- ficers and Special Committees. Board of Selectmen ARTICLE 3 To see if the Town will vote to amend the Capital Improvement Program as provided for in Section 7-7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen ARTICLE 4 To see if the Town will vote to amend the By-Laws of the Town by adding the following as Article XXXVII or take any other action with respect thereto: "ARTICLE XXXVII Retail Sales Section 1. No retail, commercial operation or place of business shall be open for the transaction of retail business between the hours of 12:01 a.m. and 6:00 a.m., unless after an application and hearing before the Board 188 of Selectmen, the Board of Selectmen determine that it is in the interest of the public health, safety and wel- fare to allow such retail, commercial operation or place of business to operate during such hours or during a portion of such hours. Section 2. This By-Law shall not apply to the retail, commercial operation of facilities operated by in- nholders and/or common victuallers and/or taverns where a license has been duly issued for the operation of the same which otherwise restricts or describes the hours of operation of such facilities. Section 3. For the purposes of this By-Law facilities operated by innholders shall include, but not be limited to: an inn, hotel, motel, lodging house, and public lodging house or any other similar establishment for which a license is required under General Laws Chapter 140; the term facilities operated by a common victualler shall include a restaurant and any other similar estab- lishment which provides food at retail for strangers and travelers for which a common victualler's license is required under General Laws Chapter 140; and the term "tavern" shall include an establishment where alcoholic beverages may be sold with or without food in accordance with the provisions of General Laws Chapter 138. Section 3. The Board of Selectmen shall give public notice of any request whereby a retail, commercial operation or place of business seeks to be open for the transaction of retail business between the hours of 12:01 a.m. and 6:00 a.m. or any portion thereof, shall hold a public hearing within 30 days of receipt of any such request and may grant the request for operation during all or any part of such hours with or without any conditions as may be imposed by the Board of Selectmen to insure the public health, safety and welfare. Section 4. Any person violating any of the provisions of this By-Law shall be punished by a fine of not more than $300 for each offense, and in the case of continu- ing violation, every calendar day upon which such retail, commercial operation or place of business shall remain open for retail business in violation of this By- Law shall be considered a separate offense. Section 5. In the event any sections, subsections or provisions of this Article XXXVII shall be held to be unconstitutional or invalid, such invalidity shall not affect the validity or constitutionality of any other section, subsection or provision hereof." Board of Selectmen ARTICLE 5 To see what sum the Town will vote to transfer from available funds, or otherwise, and appropriate to Group Health and Life In- surance in order to fund the March 1st health insurance in- creases, or take any other action with respect thereto. Town Treasurer-Collector ARTICLE 6 To see what sum the Town will vote to transfer from available funds, or otherwise, and appropriate to Debt Service for inter- est on temporary loans, or take any, other action with respect thereto. Town Treasurer-Collector 189 ARTICLE 7 To see what sum the Town will vote to transfer from available funds, or otherwise, and appropriate to Medicare in order to fund the Town's share for an increased number of new employees, or take any other action with respect thereto. Town Treasurer-Collector ARTICLE 8 To see what sum the Town will vote to transfer from available funds, or otherwise, and appropriate to the various budgets in order to fund the 53rd payroll of FY 1988, or take any other ac- tion with respect thereto. Town Treasurer-Collector ARTICLE 9 To see if the Town will vote to transfer the care, custody, management and control of the following described land from the Board of Selectmen and their Department of Public Works and such other boards and departments as may have jurisdiction thereover, presently used for park purposes to the Board of Selectmen, for use for any non-park and non-conservation municipal purposes, in- cluding the use as the site, with or without additional land, for a fire station and access and uses incidental and accessory thereto, or take any other action with respect thereto. That land on the easterly side of Main Street in Reading conveyed to the Town by deed of Mahlon E. Brande and Clara G. Brande dated May 22, 1920 and recorded in the Middlesex County South Registry of Deeds on June 29, 1920 in Book 4366, Page 253 bounded and described as follows: Beginning at an iron pipe on the easterly side of said Main Street at land now or formerly of J.E. Daley, thence the boundary line runs northerly by said Main Street, One Hundred Forty-Eight (148) feet to land now or formerly of Bent; thence easterly by land of said Bent, One Hundred Sixty (160) feet, more or less, to a passageway shown on the plan hereinafter referred to; then southerly, southwesterly and southerly on said pas- sageway to land now or formerly of J.S. Temple; thence southwesterly by land of said Temple, Seventy and Nine One Hundreths (70.09) feet to land now or formerly of said Daley; thence westerly by land of said Daley, One Hundred Nineteen and Sixty-Eight Hundredths (119.68) feet to said Main Street and the point of beginning. Together with the right-of-way over said passageway to and from Salem Street, in common with others entitled thereto. Said premises are shown on a Plan of Lots in Reading, Massachusetts belonging to Galen A. Parker, dated May 1913 by Clarence E. Carter, C.E. recorded at said deeds. Board of Selectmen ARTICLE 10 To see if the Town will vote to transfer the care, custody, management and control of the land shown on the Town of Reading Board of Assessors' Plat 87 (dated Rev. Jan 1, 1972) Lot 21 from the Board of Selectmen and such other boards and departments as may have jurisdiction thereover, to the Board of Selectmen for any municipal purpose including the use as the site, with or without additional land, for a fire station and access and uses incidental and accessory thereto, or take any other action with- respect thereto. Board of Selectmen 190 ARTICLE 11 To see if the Town will vote to authorize the Board of Selectmen to acquire all or any part of the following described lands with the buildings thereon in fee or rights of easement therein by eminent domain under the provisions of Chapter 79 of the General Laws of the Commonwealth of Massachusetts and any other enabling authority, or to acquire said lands or any parts thereof in fee or rights of easement therein by gift, purchase, or otherwise for the site of a new fire station and/or for access to and uses in- cidental and accessory to a new fire station, and to see what sum the Town will raise by borrowing, or from the tax levy, or trans- fer from available funds, or otherwise, and appropriate to the Board of Selectmen to pay for appraisals of said properties and to pay for the acquisition of said lands or rights of easement therein, or to be used for payment of land damages or other costs and expenses of such acquisitions and to authorize the Board of Selectmen to enter into agreements with private parties, or state and federal agencies, for financial and other assistance in con- nection with such acquisitions and to do all other acts and things necessary and proper for carrying out the provisions of this vote, or take any other action with respect thereto. The following lots of land shown on the Town of Reading Board of Assessors' Plat 87 (dated Rev. Jan. 1, 1972): Lot 20, believed owned by Barbara E. Cade and known as 42 Salem Street; Lot 22, believed owned by Ellsworth M. Towse, Trustee of Towse Trust and known as 38 Salem Street; Lot 23, believed owned by Concord Oil Company, Inc. and known as 753 Main Street; and Lot 26, believed owned by Gary D. Nixon and Ingrid M. Krohn and known as 767 Main Street. The Land shown on Rev. Jan. 1, 1983) Oil Company, Inc. 753 Main Street. Board of Assessors' Plat 76, (dated as Lot 46, believed owned by Concord and being a part of what is known as Board of Selectmen ARTICLE 12 To see what sum the Town will vote to transfer from available funds, or otherwise, and appropriate to the Board of Selectmen to fund the placement of School Zone signs, signals, striping of pavement, and any other appurtenances. related to the implementa- tion of school zones at the Barrows, Birch Meadow, Eaton and Kil- lam Schools, or take any other action with respect thereto. Board of Selectmen ARTICLE 13 To see what sum the Town will vote to transfer from available funds, or otherwise, and appropriate to the Board of Selectmen for the initial feasibility study and design of traffic signals in the Reading Square area of Reading, including but not limited to the area on Main Street (Route 28) from Washington Street through Charles Street, or take any other action with respect thereto. Board of Selectmen And you are directed to serve this Warrant by posting an at- tested copy thereof in at least three (3) public places in each precinct of the Town not less than fourteen (14) days prior to April 14, 1988, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town, or 191, 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 ap- pointed for said meeting. Given under our hands this 22nd day of March, 1988. Eugene R. Nigro, Chairman Russell T. Graham, Vice Chairman Mary S. Ziegler, Secretary Paul E. Landers John H. Russell SELECTMEN OF READING A true copy. Attest: 1 Doris.M. Fantasia Town Clerk 192 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on March 31, 1988 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 fo!lowing 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 April 14, 1988, the date set for the meeting in this Warrant. I also caused an attested copy of this Warrant to be pub- lished in the Reading Chronicle in the issue of March 31, 1988. William J. Hughes, Jr. Constable of Reading A true:popy. Attest: Doris M. Fantasia ToKn Clerk