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HomeMy WebLinkAbout1988-11-14 Subsequent Town Meeting Warrant239 SUBSEQUENT TOWN MEETING (Seal) COMMONWEALTH OF MASSACHUSETTS November 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.Monday, November 14, 1988, at seven-thirty o'clock in the evening, at which time and place the following ar- ticles are to be acted upon and determined exclusively by Town Meeting Members 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 Asses- sors,,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, Community 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 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 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 what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of constructing a new fire station and access thereto on land currently owned by the Town located primarily on the easterly side of Main Street and known as Parcels 21, 24 and 25 on Board of Assessors' Plat 87, including the cost of original furnishings and equipment, engineering and architectural fees, inspection fees, relocation costs, contingencies and related facilities incidental thereto and necessary in connection there- with, said sum to be spent by and under the direction of the Board of Selectmen, and to see if the the Town will vote to authorize the Board of Selectmen to file applications for a grant or grants to be used to defray all or any part of the cost of said fire station and related matters, and to see if the Town will vote to authorize the Board of Selectmen to enter into all contracts and agreements as may be necessary to carry out the purposes of this vote under this article, or take any other ac- tion with respect thereto. Board.of Selectmen ARTICLE 5 To see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of making improvements to the Town's water sys- tem, including remodeling, reconstructing or making extraordinary repairs to the Water Treatment Plant and pumping station, the construction of a new water storage facility and the original equipping of the same, the installation of pipes, fittings, other equipment and related facilities and including the costs of all engineering and architectural fees, inspection fees and contin- 240 Subsequent Town Meeting November 14, 1988 gencies, or take any other action with respect thereto. Board of Selectmen ARTICLE.6 . To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or other- wise, and appropriate for the purposes of remodeling, reconstructing, or making extraordinary repairs to the Pearl Street School, the Town Hall and/or the Town Hall Annex (old Library Building), including ,the construction of any additions or connectors to such buildings and for the cost of originally equipping and furnishing said Pearl Street School, Town Hall, Town Hall Annex and additions or connectors thereto, or take any other action with respect thereto. Municipal Space Building Committee ARTICLE 7 To see if the Town will vote to transfer the care, custody, management and control of the following described land, or portions thereof, which is commonly known as the Pearl Street School from the Reading School Department to the Board of Selectmen of the Town of Reading for any other municipal purpose including the possible sale or lease thereof or the possible renovation into municipal offices, or take any other action with respect thereto: The land shown on Town of Reading Board of Assessors Revised January 1, 1987, Plat 105, as Lot 10 consisting of 4.8395 acres. Municipal Space Building Committee ARTICLE 8 To see what sum the Town will vote to 'transfer from available funds or otherwise and appropriate to the Fire Department Non Personal Expenses related to equipment and materials for teaching C.P.R. courses to Police and Fire Depart- ment Personnel, and to various other residents and employees of the community, or take any other action with respect thereto. Board of Selectmen ARTICLE 9 To see what sum the Town will raise by borrowing, or transfer from available funds, or otherwise, and appropriate to fund the issuing costs of general obligation bonds, or take any other action with respect thereto. Treasurer-Collector ARTICLE 10 To see what sum the Town will vote to trans- fer from available funds or otherwise, and appropriate to the various budgets in order to fund the additional and other non- personal expenses related to FY89 salary adjustments and contract negotiations, or take any other actions with respect thereto. Board of Selectmen ARTICLE 11 To see what sum the Town will raise by bor- rowing, or transfer from available funds, or otherwise, and ap- propriate to fund debt service for sewer work, or take any other action with respect thereto. Treasurer-Collector ARTICLE 12 To see what sum the Town will raise by bor- rowing or transfer from available funds, or otherwise, and ap- propriate for the purpose of complying with the provisions of G.L.c. 21E and other applicable laws relating to the removal of subsurface contamination located at the former D.P.W. Garage; such appropriation to include all Engineering fees, testing, and all other related costs required to complete the purpose of this article, all monies to be expended under the direction of the Board of Selectmen, or take any other action with respect thereto. Board of Selectmen 24 1, Subsequent Town Meeting November 14, 1988 ARTICLE 13 To see what sum the Town will raise from the tax levy or transfer from available funds, or otherwise, and ap- propriate for the purpose of purchasing unwanted grave spaces, or take any other action with respect thereto. Board of Cemetery Trustees ARTICLE 14 To see what sum the Town will raise by bor- rowing, or transfer from available-funds, or otherwise, and ap- propriate for Non-Personal expenses for the Planning Division of the Community Development Department, such appropriation to be added to the sum previously appropriated by Town Meeting under Line Item 6 of Article 9 at the Adjourned Annual Town Meeting of April 25, 1988, or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 15 To see what sum the Town will raise by bor- rowing or transfer from available funds, or otherwise, and ap- propriate for the purpose of remodeling, reconstructing or making extraordinary repairs to the Library roof, flashing, gutters and wood related repairs, or take any other action with respect thereto. Board of Selectmen ARTICLE 16 To see what sum the Town will raise by bor- rowing, or transfer from available funds, or otherwise, and ap- propriate for the purpose of funding repairs and/or replacements to the system disk and data storage disk for the Town's computer; and to see if the ' Town will vote pursuant to Article XIX of the Bylaws of the Town to authorize the Town Treasurer-Collector to dispose of the existing system disk and/or data storage disk of the Town's computer by sale, trade, or otherwise, upon such terms and conditions as she may determine, or take any other action with respect thereto. Treasurer-Collector ARTICLE 17 To see if the Town will vote to accept the provisions of General Laws Chapter 59, Section 21A1/2 which requires that an assessor or assistant assessor who has completed certain courses of study and training and has been awarded cer- tain certifications shall receive in addition to his or her regular compensation an amount equal to ten percent of such regular compensation, or take any other action with respect thereto. Board of Assessors ARTICLE 18 To see if the Town will vote to amend the Bylaws of the Town by adding the following Section 9 to Article XIV thereof, or take any other action with respect thereto: "Section 9. Notwithstanding the provisions of General Laws Chapter 114, Section 23 to the contrary, the Board of Cemetery Trustees shall have the power to make and amend such rules and regulations, consistent with law, as it deems expedient to the operation of the cemeteries under its jurisdiction without the requirement that such rules, regulations or amendments be subject to the approval of Town Meeting." Board of Cemetery Trustees ARTICLE 19 To see if the Town will vote to approve the following Rules and Regulations pertaining to the use and opera- tion of the various cemeteries under the jurisdiction of its Board of Cemetery Trustees, which Rules and Regulations shall su- persede the previous Rules and Regulations adopted by the Town dated September 22, 1969, or take any other action with respect thereto. 242 Subsequent Town Meeting November 14, 1988 'FOREWORD The Charter for the Town of Reading that was adopted on March 24, 1986 provides that: "The Board of Cemetery Trustees shall be responsible for the preservation, care, improvement and embellishment of the Town's cemeteries and burial lots therein and such other powers and duties given to the Board of Cemetery Trustees by the charter, by bylaw or by town meeting vote." Working under the provisions of Reading's Charter and the laws enacted by the Commonwealth of Massachusetts, the Board of Cemetery Trustees strives not only to fulfill its legal respon- sibilities regarding the Town's cemeteries, but also to preserve the aesthetic quality of our heritage. Keeping these greenspaces neat and attractive as well as appropriate memorials is a major effort of the Trustees, the Director and the staff. This booklet is designed to inform the public as directly as possible of the rules and regulations that the Trustees have developed over the years. The Trustees encourage the public to comment on its needs and suggestions for improvement. Regular public meetings are held to conduct business and the public is always welcome. TOWN OF READING CEMETERY RULES AND REGULATIONS The Board of Cemetery Trustees has set forth the following rules and regulations for the ownership, use and care of burial sites in the Town's cemeteries. The authority to do this is found in Chapter 114 of the General Laws. OWNERSHIP OF LOTS 1. The owner of a lot or grave is limited to burying human dead in that site. The owner also has a limited right to build a tomb or monument. These limitations are outlined in other sections of these regulations. 2. When a lot is purchased, the owner will be given a deed. The deed will give the owner the rights to the use of that lot as set forth by the Trustees. The deed may contain certain specific terms and conditions for the use of this lot. Copies of lost deeds may be obtained by paying an estab- lished fee. 3. The Trustees set the price of lots. Single lots must be paid for in full at the time of the sale. Lots which contain four graves or more may be paid for in full at the time of sale or in four equal quarterly installments. One of this group of lots must be paid for in full at the time of sale. The buyer will not be issued a deed or certificate to the plot until full payment has been made. The Trustees may not permit burials or improvements on the lot until the deed or certificate has been issued. In any case burials will only be allowed in the portion of the lot that has been fully paid. No memorial nor any im- provements to the lot may be made until full payment is made. 4. The owner of a lot or lots may transfer ownership of that property by deed if such transfer is approved by the Trustees. The owner does not have a right to lease any . 243 Subsequent Town Meeting November 14, 1988 property. If a burial has been made in any one of the lots in the plot no transfer of deed may be made without the specific approval of the Trustees. No transfer of deed will be permitted which would involve the removal of a body. Before any burial has been made in the plot, transfers may be permitted if within six months after notice to the Trustees of the intended transfer, the Trustees shall not have disposed of the lot or grave in such a way as to cause the repaymemt to the owner of the amount originally paid. A fee will be charged for the recording of deed transfer. 5. In the event of the death of the owner of the lot or grave, title shall pass or descend as provided by the Statutes of Massachusetts in force at that time. The Trustees will require proof of the rights of ownership to such lot or grave. CARE OF LOTS 6. One of the conditions of sale that the Trustees shall make is the "perpetual care" of said lot. The Trustees shall require certain deposits to be made at the time of sale for the care of the lot or grave without expense to the Town. "Perpetual care" means the cutting of grass of the grave or lot at reasonable intervals, raking and cleaning, reseeding and other work as may be necessary to keep the lot or lots in good condition. This "care" shall not mean the repairing or replacing of gravestones or other markers. MONUMENTS AND OTHER STRUCTURES 7. A tomb may be constructed on a lot. The Trustees must ap- prove the design, construction and plans for care of that structure. Plans for any tomb or structure must also con- form to all specifications. 8. Only one monument may be placed on a lot. The foundation for the monument will be done by..the Cemetery Department and a fee will be charged. In Laurel Hill Cemetery a memorial .may not be erected unless the lot is endowed with an adequate perpetual care fund. Only one marker may be set on a particular grave. Markers may not be set to embrace two or more graves. All markers shall be set flush with the ground. However, on old lots matching markers may be used if existing markers exceed regulation size. If vertical headstones become broken or excessively tipped, 'the right is reserved to insert these into the sod as flush markers. No wooden crosses shall be allowed. 9. Neither the Trustees nor the Town shall be liable for damage to monuments or markers. Markers may be of granite or bronze, but the use of limestone, soapstone, marble, sandstone, cast or cement stone and metals for monuments shall not be allowed. 10. A stone cutter or other person who is to do work on a structure erected on a lot or grave must obtain a written permit from the Director or Trustees before beginning work. Work must be performed under the supervision of the Direc- tor. The work area must be cleaned up and no tools may be left at the gravesite over night. 11. The Trustees are responsible for corner posts set at each lot. These posts will clearly define the number of the lot. 12. An owner of a lot or lots does not have the right to plant trees, shrubs nor plants on the lot(s) Nor does the owner have the right to erect a fence, curbing, hedge or any 2414 Subsequent Town Meeting November 14, 1988 other landmark without the approval of the Trustees. The Trustees have the right to remove any shrub, hedge, root or branch that they may deem detrimental to other cemetery lots. The Trustees also have the right to remove unsightly flowers, old vases and other containers that may be detrimental to the looks of the lot or the cemetery in general. MEMORIAL REGULATIONS A special Town Meeting has approved the following regulations concerning memorials. These limitations must be followed or the memorial may not be erected. On a two grave lot, maximum size 3'0"x1'0'° base, 3' high. On a three grave lot, maximum size 4'0/°x1'3" base, 3' high. On a four grave lot, maximum size 4'6"x1'6" base, 4' high. On a five grave lot, maximum size 4'6"x1'611 base, 4' high. On a six grave lot, maximum size 5'001x2'01t base, 4' high. On a seven grave lot, maximum size 5'611x2'011 base, 4' high. On an eight grave lot, maximum size 6'0t0x2'011 base, 4' high. Markers 1' 811x0' 1011 on lots, flush only. Single graves, 11611x011011 flush only. Baby graves, 11311x01811 flush only. SPECIAL REGULATIONS FOR CHARLES LAWN CEMETERY 13. No upright memorials will be allowed on lots within this cemetery. 14. Markers must be of granite or of bronze. 15. A central flush memorial will be allowed on lots that con- tain two or more burial spaces. It cannot be larger than 31011x11011. If a marker is granite it shall not be less than 411 nor greater than 511 thick. The bottom of this marker must be flat. 16. On lots of less than two burial spaces, markers will be restricted to the. individual grave spaces. The measure- ments on these shall be exactly 2'011x1'011. Markers must be of granite or bronze only. The bottom of this marker must be flat. 17. On single grave spaces where two burials are permitted, a 21x1' marker with two inscriptions will be allowed. 18. On veteran's-graves, markers must be of bronze and measure 21x11. (Eligibility of Burial - as passed by Town Meeting, 11/17/81) URN GARDENS AT FOREST GLEN AND CHARLES LAWN 19. Two cremation urns may be interred in each grave. 20. Memorialization will be limited to 1- 21x111 bronze flush marker. Each marker may contain two dated inscriptions. INTERMENTS AND REMOVALS 21. No interment may be made before: a) a permit is issued by the Board of Health to the Director b) the owner of the lot gives, an order to use the lot and c) all fees have been Ll Subsequent Town Meeting 22. paid. November 14, 1988 The Director must be given reasonable advance notice of an interment or removal. This notice must give the lot number, the grave number, name and age of deceased for a burial, size of box and name of the undertaker in charge. Neither the Director nor the trustees will be held responsible for any error in the given notice (including any order given by phone). Fees for opening graves, making and recording interments, reinterments, funerals after working hours or Saturday af- ternoons or holidays as well as other services will be es- tablished by the Trustees and shall be paid in advance. 23. Funerals will not be allowed on Sundays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, nor Christmas Day. 24. All burial cases must be sectional concrete or monolithic containers. 25. In each regular grave space, one regular interment plus one cremation urn or two cremation urns will be allowed, except some lots in Charles Lawn where provisions have been made for two burials in one grave space. 26. No vigil lights will be allowed on any lot or grave. GENERAL REGULATIONS 27. All funeral processions in the cemetery are under the direction and control of the Director. 28. No firearms are allowed in any cemetery except for military and memorial exercises. 29. Vehicles, except for those in a funeral procession, may be excluded from any cemetery. Vehicles may not be turned around in any driveway, but must make the circuit of the section. Any vehicle meeting a funeral procession must come to a stop until the procession has passed. Maximum speed limit in any cemetery is fifteen miles per hour. 30. All persons walking through a cemetery must keep to the pathways and not trespass on lots except for gaining access to their own lots. Parents must take full responsibility for their children and not permit them to climb on headstones. Loitering, playing and exercising of dogs is not allowed. 31. Cemeteries are open from sunrise to one half hour after sunset. 32. The soliciting of business by anyone within the cemetery is prohibited. 33. No employee shall receive any fee or gratuity from any per- son except the standard fees prescribed by the Trustees and to be paid to the Town. Any employee violating this rule will be subject to disciplinary action." Board of Cemetery Trustees ARTICLE 20 To see if the Town will vote to establish a Steering Committee to make plans for Reading's 350th Anniversary to be celebrated in 1994, such Committee to consist of nine (9) members, of which three (3) are to be appointed by the Board of 24 Subsequent Town Meeting November 14, 1988 Selectmen, three (3) by the Moderator, one (1) each by the His- torical Commission, the Antiquarian Society and the School Com- mittee, said Steering Committee to have authority to establish such other sub-committees and non-profit corporate organizations as such Steering Committee shall consider necessary, or take any other action with respect thereto. Board of Selectmen ARTICLE 21 To see if the Town will vote to dmend the Bylaws of the Town by adding the following as Article XXXIX, or take any other action with respect thereto: "Article XXXIX.. Noncriminal Disposition of Certain Viola- tions of Bylaws and Rules and Regulations. Section 1. Pursuant to the authority of General Laws Chapter 40, Sec- tion 21D to which reference is made for any procedural mat- ters not specified herein, any Enforcing Person as defined herein taking cognizance of a violation of a specific Town Bylaw or rule or regulation of the Board of Health which he or she is empowered to enforce may as an alternative to in- itiating criminal proceedings give the offender a written notice to appear before the clerk of the district court having jurisdiction thereof at any time during office hours, not later then twenty-one (21) days after the date of such notice. Such notice shall be in triplicate and shall con- tain the name and address, if known, of the offender, the specific offense charged, and the time and place for his required appearance. Such notice shall be signed by the En- forcing Person, and shall be signed by the offender whenever practicable in acknowledgment that such notice has been received. Section 2. The Enforcing Person shall, if possible, deliver to the of- fender a copy of said notice at the time and place of the violation. If it is not possible to so deliver a copy of said notice, said copy shall be mailed or delivered by the Enforcing Person, or by his or her commanding officer or the head of his or her department or by any person authorized by such commanding officer, department or head to the offender's last known address, within fifteen (15) days after said violation. A certificate shall be made by the person so mailing such notice that it has been mailed in ac- cordance with this Bylaw and General Laws Chapter 40, Sec- tion 21D. Section 3. Any person notified to appear before the clerk of a district court as hereinbefore provided may so appear and confess the offense charged, either personally or through 'a duly authorized agent or by mailing to such clerk with the notice such specific sum of money not exceeding three hundred ($300.00) dollars as the Town shall fix as penalty for violation of the Bylaw, rule or regulation. Such payment shall, if mailed, be made only by postal note, money order or check. The payment to the clerk of such sum shall operate as a final disposition of the case. Section 4. If any person so notified to appear desires to contest the violation alleged in the notice to appear and also to avail himself of the procedure established pursuant to this sec- tion or General Laws Chapter 40, Section 21D, he may, within twenty-one (21) days after the date of the notice, request a hearing in writing. Such hearing shall be held before a 247 Subsequent Town Meeting November 14, 1988 district court judge, clerk, or assistant clerk, as the court shall direct, and if the judge, clerk, or assistant clerk shall, after hearing, find that the violation occurred and that it was committed by the person so notified to ap- pear, the person so notified shall be permitted to dispose of the case by paying the specific sum of money fixed as a penalty as aforesaid or such lesser amount as the judge, clerk, or assistant clerk shall order, which payment shall operate as a final disposition of the case. If the judge, clerk, or assistant clerk shall, after hearing, find that the violation alleged did not occur or was not committed by the person notified to appear, that finding shall be entered in the docket, which shall operate as a final disposition of the case. Section 5. For purposes of this Bylaw, "Enforcing Person" shall mean any member of the Board Selectmen, any police officer of the Town, the Health Director or his or her designee." Board of Selectmen ARTICLE 22 To see if the Town will vote to amend the Bylaws of the Town by deleting in Article XVIII, Section 2 relat- ing to the licensing of laundromats the phrases: "April 1st" and "March 31st" and substituting therefor the phrases: "January 1st" and "December 31st", respectively, or take any other action with respect thereto. Board of Selectmen ARTICLE 23 To see if the Town will vote to amend Article XVII of the Bylaws of the Town by deleting the schedule of fees set forth in Section 7 thereof in its entirety and substituting therefor the following schedule of fees, all as authorized by G.L.c. 262, Section 34, or take any other action with respect thereto: Description EXISTING For filing and indexing assignment for the benefit of creditors. 10.00 For entering amendment of a record of the birth of a child born out of wedlock subsequently legitimized. 5.00 For correcting errors in a record of birth 5.00 For furnishing certificate of a birth. 3.00 For furnishing an abstract copy of a record of birth. 2.00 For entering delayed record of birth. 5.00 For filing certificate of a person conducting business under any title other than his real name. 10.00 For filing by a person conducting business under any title other than his real name of a statement of change of his residence, or of his discontinuance, retirement or withdrawal from, or change of location of, such business. 5.00 For furnishing certified copy of certificate of person conducting business under any title other than his real name or a statement by such person of his discontinuance, retirement or withdrawal from such business. 3.00 For recording the name and address, the date and number of the certificate issued to a person registered for the practice of podiatry in the Commonwealth. 10.00 For correcting errors in a record of death. - 5.00 PROPOSED 10.00 10.00 10.00 5.00 4.00 10.00 20.00 10.00 5.00 20.00 10.00 248 Subsequent Town Meeting November 14, 1988 For furnishing a certificate of death. 3.00 For furnishing an abstract copy of a record of death. 2.00 For entering notice of intention of marriage and issuing certificates thereof. 10.00 For entering certificate of marriage filed by persons married out of the Commonwealth. 3.00 For issuing certificate of marriage. 3.00 For furnishing an abstract copy of a record of marriage. 2.00 For correcting errors in a record of marriage. 5.00 For recording power of attorney. For recording certificate of registration granted to aperson engaged in the practice of optometry, or issuing a certified copy thereof. 10.00 For recording the name of the owner of a certificate of registration as a physician or an osteopath in the Commonwealth. 10.00 For recording order granting locations of poles, piers, abutments or conduits, alterations or transfers thereof, and 25.00 increase in number of wires and cable or attachments under the provisions of 5.00 Sec. 22 of Chapter 166. For examining records or papers relating to birth, marriage or deaths upon the application of any person, the actual expense thereof, but not less than 5.00 For copying any manuscript or record 3.00 pertaining to a birth, marriage or death. per For receiving and filing a complete 2.00 5.00 4.00 15.00 5.00 5.00 4.00 10.00 10.00 20.00 20.00 10.00 1st page 2.00 addll page 40.00 flat rate 10.00 addll streets 5.00 5.00 page inventory of all items to be included per page in a "closing out sale", etc., For filing a copy of written instrument or declaration of trust by trustees of an association or trust, or any amendment thereof as provided by Sec. 2, Chapter 182. 10.00 For recording deed of lot or plot in a public place or cemetery. 5.00 Recording any other documents. 5.00 1st page 2.00 addll pages Voter°s certificate. 2.00 Board of Selectmen 20.00 10.00 10.00 1st page 2.00 addll pages 5.00 ARTICLE 24 To see if the Town will vote to file a peti- tion and/or approve the filing of a petition to the General Court for a special act providing that notwithstanding any provision of Chapter 32B of the General Laws or any other general or special law to the contrary, with regard to health benefits for retirees and dependents the Town of Reading may do any of the following: (a) pay a subsidiary or additional rate which, when added to fifty percent (50%) of the total monthly cost produces a premium percentage for retired employees and dependents which may be higher than the premium percentage paid by the Town for active employees and dependents. Such subsidiary or additional rate for retirees and dependents may be adjusted annually, up or down, and may be paid by the Town without adoption of Section 9E of Chapter 32Br (b) include retirees and dependents in the same health 24 9 Subsequent Town Meeting November 14, 1988 benefit plan provided by the Town for active employees and depen- dents or maintain a separate health benefit plan for retirees and dependents, with a schedule of benefits provided for active employees and dependents under sections three and five of Chapter 32B; (c) maintain the claims experience for retirees and depen- dents as a part of the claims experience applicable to the schedule of benefits provided under sections three and five of Chapter 32B or maintain separate claims experience for' retirees and dependents; or take any other action with respect thereto. Board of Selectmen ARTICLE 25 To see if the Town will vote to amend the Bylaws of the Town by deleting in Article XIX, Section 1 relating to the disposal of surplus property the phrase: "Five Hundred Dollars ($500.00)" and substituting therefor the phrase: "Five Thousand Dollars ($5,000.00)", or take any other action with respect thereto. Board of Selectmen ARTICLE 26 To see if the Town will vote to Amend Article I Sec- tion 7 of the Bylaws of the Town of Reading by substituting "Tuesday" for "Monday" twice within said section, or to take any other action with respect thereto. Board of Selectmen ARTICLE 27 To see if the Town will vote to transfer the care, custody, management and control of the following described parcel of land which comprises a portion of the Charles Lawn Cemetery from the Board of Cemetery Trustees to the Board of Selectmen of the Town of Reading for any other municipal purpose, including the possible sale or lease thereof, or take any other action with respect thereto: The land shown on Board of Assessors' Plat 131, dated Jan. 1,,1967, Rev. Jan. 1, 1972 as a portion of Lot 8 consisting of approximately 7,712 square feet and being bounded and described as follows: Beginning on the easterly sideline of Pearl Stret, at a stone bound on the division property line be- tween Lot 7 and Lot 8; Thence by a curved line to the left along the easterly sideline of Pearl Street, to a stone bound on the division property line between Lot 9 and Lot 8 a distance of 60.39 ± feet, more or less; Thence easterly along the division property line between Lot 9 and Lot 8 a distance of 175± feet, more or less to a point; Thence southeasterly a distance of 25± feet, more or less to a point; Thence southwesterly a distance of 90± feet, more or less to a stone bound on the division property line between Lot 7 and Lot 8; Thence southwesterly along the division property line between Lot 7 and Lot 8 a distance of 82.26+ feet, more or less to the point of beginning of this description; Said parcel containing 7200± square feet, more or less. Intending to describe a 0.16 acre portion of Lot 8 located on the easterly side of Pearl Street and being between Lot 7 and Lot 9. Said Lots being shown on the Reading Assessor's Plat 131 dated 250 Subsequent Town Meeting November 14, 1988 January 1, 1972. (see Map 1 - "Charles Lawn Cemetery") Board of Cemetery Trustees ARTICLE 28 To see if the Town will vote to authorize the Board of Selectmen of the Town of Reading to convey all of any part of the following described property formerly under the con- trol of the Board of Cemetery Trustees as a part of Charles Lawn Cemetery to Richard B. and Joan A. Hoyt and to determine the min- imum amount to be paid for such conveyance; to authorize the Board of Selectmen to convey all or any part of such property for such amount or larger amount, and upon such other terms and con- ditions 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 article, or take any other action with respect thereto: The land shown on Board of Assessors' Plat 131, dated Jan. 1, 1967, Rev. Jan. 1, 1972 as a portion of Lot 8 consisting of approximately 7,712 square feet and being bounded and described as follows: Beginning on the easterly sideline of Pearl Stret, at a stone bound on the division property line be- tween Lot 7 and Lot 8; Thence by a curved line to the left along the easterly sideline of Pearl Street, to a stone bound on the division property line between Lot 9 and Lot 8 a distance of 60.39 ± feet, more or less; Thence easterly along the division property line _ between Lot 9 and Lot 8 a distance of 175± feet, more or less to a point; Thence southeasterly a distance of 25± feet, more or less to a point; Thence southwesterly a distance of 90± feet, more or less to a stone bound on the division property line between Lot 7 and Lot 8; Thence southwesterly along the division property line between Lot 7 and Lot-8 a distance of 82.26+ feet, more or less to the point of beginning of this description; Said parcel containing 7200± square feet, more or less. Intending to describe a 0.16 acre portion of Lot 8 located on the easterly side of Pearl Street and being between Lot 7 and Lot 9. Said Lots being shown on the Reading Assessor's Plat 131 dated January 1, 1972. (see Map 1 - "Charles Lawn Cemetery") Board of Cemetery Trustees ARTICLE 29 To see if the Town will vote to amend Ar- ticle II of the Bylaws of the Town by inserting at the end thereof a new Section 10 as follows: "Section 10 Removal of Town Meeting Members for Absence "The Town Clerk shall mail, within thirty days after the ad- journment sine die of a Town Meeting, to every Town Meeting Member who has attended less than one half of the Town Meet- ing sessions since the most recent annual town election, a record of his attendance and a copy of Section 2-6 of the Reading Home,Rule Charter. 251 Subsequent Town Meeting November 14, 1988 "Town Meeting Members of each precinct shall consider at a Precinct Meeting to be conducted in accordance with Article II of these By Laws and Section 2-6 of the Charter, preced- ing the consideration of the article placed upon the annual Town Meeting Warrant in accordance with Section 2-6 of the Charter, the names of Town Meeting Members in that precinct appearing on said Warrant article and adopt recommendations to Town Meeting as to what action should be taken regarding each such Member. The chairman of each precinct or his designee shall make such recommendations along with sup- porting evidence and rationale to Town Meeting. "The names of the Members subject to removal in accordance with Section 2-6 of the Charter shall be grouped by precinct in the Warrant article required by said Section," or take any other action with respect thereto. Bylaw Committee ARTICLE 30 To see if the Town will vote to amend the Bylaws of the Town by adding the following as Article XXXVIII or take any other action with respect thereto: "Article XXXVIII. Rules and Regulations. Section 1. Any Town Agency or Town Officer as defined in Section 8-7 of the Reading Home Rule Charter shall comply with the following procedures in the adoption or amendment of such rules or regulations which they are empowered to adopt or amend pursuant to these Bylaws, the Reading Home Rule Charter, the General Laws of the Commonwealth or any other enabling act which relate to matters concerning the official interaction or jurisdiction of such Town Agency or Town Officer with or over the residents of the Town. The provisions of this Bylaw shall be in addition to the filing requirements of Section 8-8 of the Reading Home Rule Charter. Section 2. No Town Agency or Town officer shall adopt or amend any such rule or regulation until after a public hear- ing, notice of the time and place of which, and of the sub- ject matter, sufficient for identification,. shall be pub- lished in a newspaper of general circulation in the Town, not less than seven (7) days before the day of the hearing, or if at any time there is no such newspaper in the Town, then by posting such notice in a conspicuous place in the Town Hall for a period of not less than seven (7) days before the date of such hearing. If the entire text of the proposed rule or regulation has not been included in the public hearing notice, then copies of the entire text shall be available to the public at said hearing and supplied to the Board of Selectmen, the Finance Committee, the Bylaw Committee and the Town Counsel, not less than seven (7) days prior to said hearing. Notice of the adoption or amendment of any such rule or regulation shall be published once in a newspaper of general circulation in the Town or, if no such newspaper exists, by posting in a conspicuous place in the Town Hall, and a copy of all such rules or regulations so adopted or amended shall be filed in the office of the Town Clerk; and, as provided in the Reading Home Rule Charter, shall not become effective until ten (10) days following the date they are so filed. Section 3. In the event any resident of the Town wishes to propose such a rule or regulation or amendment to the same, he or she may do so by notifying the appropriate Town of- ficer or Town Agency in writing with a copy of the proposed rule or regulation or amendment, and within ninety (90) days 252 Subsequent Town Meeting November 14, 1988 of the receipt thereof the Town Officer or Town Agency shall afford the resident the opportunity of appearing before said Town officer or Town Agency to present the rationale for the proposed rule or regulation or amendment. If the Town Of- ficer or Town Agency determines to promulgate such rule, regulation or amendment it shall thereafter follow the provisions of this Bylaw. If the Town Officer or Town Agency determines not to promulgate such rule, regulation or amendment, it shall give written notification of the same to the proposing resident within thirty (30) days of the meet- ing on the proposal. Section 4. The. provisions of this Bylaw shall not apply to the adoption, modification or amendment of any rules or regulations for which a procedure is otherwise provided by general or special law, or to rules and regulations which relate primarily to the internal operations or procedures of a Town Agency or Town Officer." Bylaw Committee ARTICLE 31 To see if the Town will vote to amend the Reading zoning Bylaws by amending the Reading zoning map dated November 1, 1986, as amended, by rezoning the following described parcel of land as shown on the index map and sheet 13 of the Reading zoning map from a business B district (Bus B), to a Residence Apartment 40 district (A-40), or take any other action with respect thereto: That parcel of land known as and numbered 14 Chapin Avenue, consisting of 6,000 square feet of land, more or less, with 60 feet of frontage on Chapin Avenue and shown as lot 90 on Board of Assessors Plat 65 dated Jan. 1, 1967. By Petition ARTICLE 32 To see if the Town will vote to amend the Reading Zoning Bylaws by deleting Section 7.2.1. thereof in its entirety, and substitution therefor the following: 117.2.1. The Town Manager shall appoint a Zoning Enforcement Officer, who shall be charged, designated, and authorized with the enforcement of these Bylaws." and by substituting the words "Zoning Enforcement Officer" for the words "Building Inspector" in Sections 3.2, 4.6.3., and 7.2.3. of the of the Zoning Bylaws; by substituting the words "Zoning Enforcement Officer's" for the words "Building Inspector's: in Sections 4.4A.3 and 4.9.3.18, of the Zoning Bylaws; by deleting the words "Massachusetts State Building Code" from Section 4.9.3.18. thereof; and by adding the words "or Zoning Enforcement Officer as appropriate" immediately after the words "Buildings" in Sections 7.1.1., 7.1.1.1., and 7.1.2. of the Zoning Bylaws., or take any other action with respect thereto. Board of Selectmen ARTICLE 33 To see if the Town will vote to amend the Reading Zoning Bylaws by adding the following section thereto: 114.2.3. Limitation of Use: Except as specified in Section 4.9., no more than one principal use shall be allowed on any lot." or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 34 To see if the Town will vote to amend the Reading Zoning Bylaws so as to substitute for the words "one 253 Subsequent Town Meeting November 14, 1988 hundred ($100.00) dollars" the words "three hundred ($300.00) dollars" in Section 7.2.2. of said Zoning Bylaws, or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 35 To see if the Town will vote to amend the Reading Zoning Bylaws by adding the following sentences to the end of Section 6.1.1.1. thereof: "Said public off-street parking facility shall be con- sidered, for the purposes of these Bylaws, to consist of a parking lot, exclusive of access ways posted to prohibit parking thereon, constructed, owned, operated, and main- taihed by the Town of Reading for the specific and exclusive provision of parking for patrons and employees of retail stores, offices, and consumer service establishments in the vicinity. Said three hundred (300) feet shall be construed as the straight-line distance between the nearest parking space included within said facility and the farthest side of the building or portion of said building entirely containing such use." or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 36 To see if the Town will vote to amend Section 7.4.2.2. of the Reading Zoning Bylaws by deleting the phrase "including for use," so that said Section will read: "To hear and decide petitions for variances in accordance with Section 10 of Chapter 40A."., or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 37 To see if the Town will vote to add the fol- lowing section to the Reading Zoning Bylaws relating to the size of parking spaces: 116.1.2.2.1. Notwithstanding the foregoing, in a Business C or Industrial District, with a Special Permit granted by the Community Planning and Development Commission, each off- street parking space required to be provided in connection with a research and development facility shall not be less than eight and one-half (8-1/2) feet in width and eighteen (18) feet in length, exclusive of drives and maneuvering space. Said Commission may require parking spaces which are to be .used for visitors or which otherwise may be subject to frequent turn-over of use to conform with the requirements of Section 6.1.2.2 above; in addition, said commission may require that any parking lot developed under the provisions of this Section to contain within the parking lot landscaped areas of minimum dimensions of five (5) feet in any direc- tion and that the aggregate surface area of such landscaped areas shall equal not less than five (5) percent of the gross surface area of the parking lot." or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 38 To see if the Town will vote to amend the table following Section 6.1.1.3 of the Reading Zoning Bylaws by inserting at the end thereof the following under the columns respectively headed: 25 Subsequent Town Meeting November 14, 1988 Principal Use Minimum Number of Minimum Number of Off-Street Parking Off-Street Loading Spaces Required and Unloading Spaces Required "Research and Three spaces for one space for each Development each one-thousand one-hundred-thousand Facility (1000) square feet (100,000) square feet of gross floor of gross floor area or fraction area or fraction thereof thereof" j or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 39 To see if the Town will vote to amend the Reading Zoning Bylaws by adding the following definitional sections: 112.2.21.1 MOTOR VEHICLE: any vehicle constructed and designed for propulsion by other than muscular power, ex- clusive of motorized bicycles or vehicles designed or ex- clusively used for off-road purposes." 112.2.23.1. OPEN STORAGE: the storage of industrial equip- ment or equipment parts, chemicals or chemical products, un- registered and uninsured motor vehicles (exclusive of vehicles stored in connection with automobile showrooms), debris, construction materials, rubbish, or other similar types of materials, so as to be visible in whole or in part from any public way, private way, or abutting property." and to see if the Town will vote to amend section 2.2.32. of the Reading Zoning Bylaws which currently reads 112.2.32. USE: Reserved" so that said section will read as follows: 112.2.32. USE: an activity or purpose to which a lot or structure is, or is proposed to be, devoted; for purposes of these Bylaws, each use listed on any line in Section 4.2.2., Table of Uses, is to be considered different from any other use listed on any other line in said Section." or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 40 To see if the Town will vote to add the fol- lowing section to the Reading Zoning Bylaws: 114.3.4. Special Permits Granted by the Community Planning and Development Commission (11CPDC11) . 4.3.4.1. In addition to the explicit authority contained in Section 4.9. or elsewhere in these Bylaws, the Community Planning and Development Commission shall be the Special Permit Granting Authority for all matters denoted by 11SPP11 in Section 4.2.2. Table of Uses. 4.3.4.2. CPDC shall not approve any application for a Spe- cial Permit unless it finds that, in its judgment, all aspects of the proposed use and development of a site are in harmony with the general purposes (Section 1.1.) and intent of this Bylaw and are subject to and consistent with safeguards and limitations designed or imposed to further said purposes and intent, and are subject to the following general conditions: (a) The specific site is an appropriate location and is of appropriate characteristics for the proposed use, structure, or development, (b) The use as developed and operated will not ad- 255 Subsequent Town Meeting November 14, 1988 versely affect the natural or man-made environment of Subsequent Town Meeting November 14, 1988 the neighborhood or the Town in general, and that the benefits to the Town to be derived from the proposed development are clearly and satisfactorily provided, (c) There will be no nuisance or serious hazard to vehicles or pedestrians, (d) Adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed development, (e) Access to the site over streets is appropriate for the type and number of vehicles involved, (f) The appearance and functioning of the proposed development will be in keeping with and will enhance the character of the neighborhood and generally of the Town in every respect. 4.3.4.3. In approving any Special Permit, CPDC may attach such conditions, limitations, and safeguards as it may deem necessary or advisable to protect the neighborhood and the Town. Such conditions, limitations, and safeguards may in- clude, but are not limited to, the following: (a) Screening of parking areas or other parts of the premises from abutting properties and public or private ways, (b) Modification of the size, location, exterior fea- tures, or appearance of any proposed structure, (c) Limitation of the size, number of occupants, method or time of operation, or extent of facilities, (d) Regulation of the number, design, and location of access drives or other traffic features, (e) On-site or off-site mitigation measures, provided by the applicant at no net cost to the Town, so as to prevent degradation to natural or man-made systems or characteristics within the vicinity or the Town in general, and as deemed appropriate by CPDC to enhance such systems or characteristics." or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 41 To see if the Town will vote to amend Section 4.3.3. of the Reading Zoning Bylaws as follows: To divide the first paragraph thereof and to combine all of its text after the words "Site Plan Review" with the current Section 4.3.3.1., to replace the words "valued at $30,000 or more" with the words "with a cumulative value of thirty thousand ($30,000) dollars or more over any continuous twelve-month period of time,", and in the last sentence of said section 4.3.3.1. to re- place the word "hold" with the words "begin and close", to re- place the word "thirty" with the word "sixty-five", to replace the word "twenty" with the word "thirty", and to replace the word "date" with the word "close" I so that the amended sections would read as follows: 114.3.3. Site Plan Review. 4.3.3.1. No building permit or other permit, license, or approval shall be issued for the construction, expansion, or alteration, with a cumulative value of thirty thousand ($30,000) dollars or more over any continuous twelve-month period of time, of the following uses, or relocation of the following buildings or structures, or for the change in use of land or buildings to the following; until a site plan for the lot or lots upon which such use or building is, or is 256 Subsequent Town Meeting November 14, 1988 proposed to be, located, has been submitted and approved as provided herein: (a) Any public or quasi-public, business and service, industrial,. or recreational use, or (b) Any apartment, boarding house, roadside stand, or other permitted use substantially similar to the uses specified in subparagraphs (a) and (b) above. For buildings and uses specified above and otherwise requir- ing no special permit, the site plan shall be submitted to the Community Planning and Development Commission, who shall hold a public hearing thereon, advertised in the same manner as public hearings for special permits, and may approve the site plan with or without modifications or, if the site plan is inconsistent with the Zoning Bylaws and duly adopted regulations of the Town of Reading, may disapprove the site plan. The Community Planning. and Development Commission must begin and close a public hearing within sixty-five days of the filing of a site plan and act within thirty days fol- lowing the close of the public hearing. "To amend Section 4.3.3.2. by adding the words "granted by a Spe- cial Permit Granting Authority other than the Community Planning and Development Commission" after the words "requiring a special permit", by replacing the words "and the Community Planning and Development Commission" with the word "which", by replacing the word "thirty-five" with the word "sixty-five", and by adding the word "other" in two instances before the words "Special Permit Granting Authority" in the first and second sentences thereof, so that said section would read as follows: 114.3.3.2. For buildings and uses requiring a special permit granted by a Special Permit Granting Authority other than the Community Planning and Development Commission, the site plan shall be submitted to the Community Planning and Development Commission, which shall, within sixty-five days of filing, submit its recommendations to the other Special Permit Granting Authority. If the other Special Permit Granting Authority does not follow said recommendations relative to the site plan, it shall, in its decision, state in writing the reasons therefor." To amend the first paragraph of Section 4.3.3.5. by deleting from subsection (f) the words "attractiveness and", and by adding a new subsection (g), so that said section would now read as follows: 114.3.3.5. The site plan shall display or be accompanied by information relative to the location, size, and materials of all buildings and structures on the lot, including under- ground utilities, parking, lighting, signs, fences, drainage, and landscaping, and the topography, soils, and vegetative cover, including large trees, reasonably neces- sary to review the effectiveness of site design and its con- sistency with Town Bylaws, regulations, and standards in the following areas: (a) Convenience, freedom from congestion and safety of vehicular and pedestrian traffic, including parking, access, egress, and circulation, both on the lot and on adjacent ways, (b) Environmental impacts, including the disposal or discharge of solid or liquid waste and contaminants, and the risk or inundation, unsanitary conditions, and of water pollution, (c) Increased adverse impact on adjacent properties and the measures to mitigate such impact, including 957 Subsequent Town Meeting November 14, 1988 buffer strips, physical or visual barriers, drainage installation, and control of glare, noise, vibration, fumes, smoke, flashing lights, electromagnetic radia- tion, or the danger of explosion or fire, (d) Adequacy of access by emergency and service or supply vehicles, (e) Provision for light and air, including non- obstruction of solar energy receptors where ap- propriate, (f) Efficiency of layout for the provision of public services, (g) Attractiveness, in the context of the maintenance _ and enhancement of the visual and environmental charac- ter of the Town, of proposed building, site, and landscape design and functioning." To add the following as Section 4.3.3.7.: 114.3.3.7. For buildings and uses requiring a Special. Permit granted by the Community Planning and Development Commis- sion, site plan review is not required for the matters en- compassed by such.special permit." or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 42 To see if the Town will vote to amend Section 4.2.2. of the Reading Zoning Bylaw, Table of Uses,. so as 'to re- place the denotation "yes" with the denotation "SPP" or "no" un- der the following headings and columns (for purposes of clarify- ing this Article, denotations proposed herein to be amended are indicated below in quotation marks which are not proposed to' be included in any amended text): PRINCIPAL USES RES RES RES BUS BUS BUS IND S-10 A-40 A-80 A B C S-20 S-40 Business and Service Uses Retail Sales no no no yes yes no "SPP" Automotive Uses Sale of New or Used no no no "SPP""SPP" no "SPP" Service Station no no no "no" "no" no "SPP" 1 Repair Garage no no no "SPP""SPP" no "SPP" Car Wash no no no "no" "no" no "no" Commercial Parking Lot no no no "SPP""SPP" no "SPP" Auto Grave Yard no no no no no no no ;or take any other action with respect thereto. Community Planning and Development Commission 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 November 14, 1988, 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 Meet- ing Member at least fourteen (14) days prior to the time of hold- ing 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 such meeting. 25 Subsequent Town Meeting November 14, 1988 Given under our hands this 4th day of October, 1988. Eugene R. Nigro, Chairman Russell T. Graham, Vice Chairman Mary S. Ziegler, Secretary Paul E. Landers ' John H. Russell i l SELECTMEN OF READING A true copy. Attest: Doris M. Fantasia Town Clerk COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: 259'; By virtue of this Warrant, If on October 29, 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 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, 1988, the date set for the meeting in this War- rant. I also caused an attested copy of this Warrant to be pub- lished in the Reading Chronicle in the issue of October 28, 1988. William J. Hughes, Jr. Constable of Reading A true copy. Attest: Doris M. Fantasia Town Clerk