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HomeMy WebLinkAbout1989-11-13 Subsequent Town Meeting Warrant"1 SUBSEQUENT TOWN MEETING (Seal) COMMONWEALTH OF MASSACHUSETTS November 13, 1989 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 13, 1989, 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, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Of- ficers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to Improvement Program as provided for in Section Home Rule Charter and as previously amended, action with respect thereto. Board of Selectmen amend the Capital 7 -7 of the Reading or take any other ARTICLE 4 To see if the Town will vote to recodify the General By -Laws of the Town by deleting the entire text thereof and substituting therefor a revised text entitled: "Town of Read- ing, Massachusetts Bylaws" dated November 13, 1989, copies of which have been distributed to all Town Meeting Members and made available for public inspection at the office of the Town Clerk, the office of the Town Manager, the Library and at this meeting, or take any other action with respect thereto. Bylaw Committee ARTICLE 5 To see if the Town will vote to amend the Bylaws of the Town as recodified to include in the recodification the Bylaw amendments made by motions taken under Articles 5, 6, 7 and 9 of the Warrant for the Special Town Meeting of September 14, 1989 as follows, or take any other action with respect thereto: Add to Article 4 of the recodified Bylaws the text of the Bylaw amendment in the motion made under Article 5 of said Spe- cial Town Meeting Warrant with the changes that the phrase "Section 1" becomes 114.5.10," the phrase "4.5.10.1" be inserted prior to the words "Building Permits," the phrase 114.5.10.2" be inserted prior to the words "Electrical Permits," the phrase t• Subsequent Town Meeting November 13, 1989 4.5.10.3" be inserted prior to the words "General Fees" and the phrase "Section 2" becomes 114.5.10.4." Add to Article 4, 114.5 Licenses" of the recodified Bylaws the text of the Bylaw amendment in the motion made under Article 6 of said Special Town Meeting Warrant with the changes that the phrase "Section 8." becomes 114.5.911; Delete the text of Section 5.6.7 of the recodified Bylaws and substitute therefor the text of the Bylaw amendment in the motion made under Article 7 of said Special Town Meeting Warrant without the phrase "Section 5." and combining the two paragraphs to read as one paragraph; and Delete Sections 5.7.4.1, 5.7.4.2, 5.7.4.3 and 5.7.4.4 of the recodified Bylaws and substitute therefor the text of the Bylaw amendment in the motion made under Article 9 of said Special Town Meeting Warrant, changing small letter "a" through small letter "j" to 115.7.4.1" through 115.7.4.10." Bylaw Committee ARTICLE 6 To see if the Town will vote to amend Section 2.2.4.1 of the recodified Bylaws of the Town by deleting that Section in its entirety and substituting therefor the following, or take any other action with respect thereto: "A motion to reconsider any vote must be made before the final adjournment of the meeting at which the vote was passed but such motion to reconsider shall not be made at an adjourned meeting unless the mover has given notice of his intention to make such a motion, either at the session of the meeting at which the vote was passed or by written notice to the Town Clerk within twenty - four (24) hours after the adjournment of such session. When such motion is made at the session of the meeting at which the vote was passed, said motion shall be accepted by the Moderator but consideration thereof shall be postponed to become the first item to be considered at the next session, unless all remaining ar- ticles have been disposed of, in which case reconsideration shall be considered before final adjournment. There can be no recon- sideration of a vote once reconsidered or after a vote not to reconsider. Reconsideration may be ordered by a vote of two - thirds (2/3) of the votes present. Arguments for or against reconsideration may include discussion of the motion being recon- sidered providing such discussion consists only of relevant facts or arguments not previously presented by any speaker." Bylaw Committee ARTICLE 7 To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 40, Section 57, which authorizes the Town to adopt a by -law to deny, revoke or suspend certain licenses or permits for the neglect or refusal to pay any local taxes, fees, assessments, betterments or any other municipal charges, or take any other action with respect thereto. Board of Selectmen ARTICLE 8 To see if the Town will vote to amend the recodified Bylaws of the Town by adding the following to Section 2.2.4.3 relating to motions to reconsider, or take any other ac- tion with respect thereto: "The foregoing notice provisions shall not apply when a mo- tion to reconsider any Town Meeting action is made publicly at Town Meeting before the adjournment of any session of any ad- journed Town Meeting." Board of Selectmen Subsequent Town Meeting November 13, 1989 ARTICLE 9 To see if the Town will vote to amend the recodified Bylaws of the Town by adding the following as Section 2.2.8, or take any other action with respect thereto: 112.2.8. Meetings During Town Meeting No appointed or elected board, commission, committee or other entity of town government shall schedule or conduct any hearing, meeting or other function during any hours in which an Annual, Subsequent or Special Town Meeting is in session or is scheduled to be in session. Any such board, commission or com- mittee which schedules or holds a meeting or hearing on the same calendar day but at a time prior to a session of Town Meeting shall adjourn or recess not less than five ( 5 ) minutes prior to the scheduled session of Town Meeting. Any board, commission or committee may, at the opening of any session of Town Meeting, present to that Town Meeting an instructional motion requesting an exemption from this Bylaw and asking that Town Meeting permit it to meet at a date and hour at which a future session of Town Meeting is scheduled, and may present reasons for Town Meeting to give such permission. Notwithstanding the foregoing, any board, commission or committee which meets the requirements of Chapter 39, Section 23B of the Massachusetts General Laws concerning emergency meetings may, upon meeting such requirements, conduct such a meeting or hearing at a time scheduled for a Town Meeting. Bylaw Committee ARTICLE 10 To see if the Town will vote to amend Section 4.3.4 of the recodified Bylaws of the Town by deleting that sec- tion in its entirety and substituting therefor the following, or take any other action with respect thereto: 114.3.4 The Board of Assessors shall publish for general circula- tion its valuation lists for real estate for the fiscal year 1990 and every ninth year thereafter. The Board of Assessors shall establish reasonable fees for the sale of said lists. After the publication of the list for the fiscal year 1990, lists for sub- sequent years shall be printed in not less than the same quantity as the number sold of the preceding published valuation list." Historical Commission ARTICLE 11 To see if the Town will vote to authorize the Board of Selectmen and /or any appropriate Board, Commission, or Official of the Town of Reading to convey Rights of Easements in all or any part of the following described property commonly known as the Mill Street Pumping Station Site and to determine the minimum amount to be paid for such conveyance; to authorize the Board of Selectmen and /or any appropriate Board, Commission, or Official to convey Rights of Easements in all or part of said property for such amount or a larger amount, and upon such other terms and conditions as the Board of Selectmen and /or any ap- propriate Board, Commission, or Official shall consider proper and to deliver a document therefor to said Grantee; and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate to the Board of Selectmen and /or any appropriate Board, commis- sion, or Official to carry out the purposes of this vote; or take any other action with respect thereto: The land shown on the Reading Board of Assessor's Revised January 1, 1967, Plat 245, as all or part of Lot 4. Board of Selectmen as a Courtesy ARTICLE 12 Board of Selectmen propriate Board or Rights of Easements property commonly k Parking Area and to To see if the Town will vote to authorize the and /or the School Committee and /or any ap- Official of the Town of Reading to convey in all or any part of the following described sown as the Reading Memorial High School Upper determine the minimum amount to be paid for 399 M Subsequent Town Meeting November 13, 1989 such conveyance; to authorize the Board of Selectmen and /or the School Committee and /or any appropriate Board or Official to con- vey Rights of Easements in all or part of said property for such amount or a larger amount, and upon such other terms and condi- tions as the Board of Selectmen and /or the School Committee and /or any appropriate Board or Official shall consider proper and to deliver a document therefor to said Grantee; and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate to the Board of Selectmen and /or the School Committee and /or any appropriate Board or Official to carry out the purposes of this vote; or take any other action with respect thereto: The land shown on the Reading Board of Assessor's Revised January 1, 1984, Plat 113, as all or part of Lots 60, 61, 62, 63, 64, 66, and 67, and on the Reading Board of Assessor's Revised January 1, 1989, Plat 123, as all or part of Lots 33, 35, 36, and 37. School Committee ARTICLE 13 To see if the Town will vote to authorize the Board of Selectmen to convey and /or abandon certain rights of easements in Reading , Middlesex County, Massachusetts, located on land shown as Lots 44 and 63 on the Town or Reading Assessor's Plat 23 dated January 1, 1988, that were conveyed to the Town in a "Conveyance of easements and utilities - Avalon Estates" docu- ment dated February 26, 1988 and recorded in the Middlesex South Registry of Deeds; to determine the minimum amount to be paid for such conveyance and /or abandonment, and to authorize the Board of Selectmen to convey or abandon all or any part of said rights of easements for such amount or larger amount and upon such other terms and conditions as the Selectmen shall consider proper, and to deliver a deed or other document therefor if necessary; and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and ap- propriate to the Board of Selectmen to carry out the purposes of this vote; or take any other action with respect thereto. Board of Selectmen ARTICLE 14 To see if the Town will vote to authorize the Board of Selectmen to convey and /or abandon certain rights and easement in Reading, Middlesex County, Massachusetts, located on land situated on the easterly side of Main Street and shown as Lot 26 on the Town of Reading Assessor's Plat 12 dated January 1, 1983, which easement is shown on a plan entitled "Easement for Water Pipe Easterly from Main Street, Reading, Mass.; Scale: 1 in. = 40 ft., October 1944, Board of Public Works" recorded with the Middlesex South District Registry of Deeds at Book 6809, Page 496 and taken by Order of the Town of Reading Board of Public Works recorded at said Registry Book 6809, Page 496; to determine the minimum amount to be paid for such conveyance and /or abandon- ment, and to authorize the Board of Selectmen to convey or aban- don all or any part of said rights and easement for such amount or larger amount and upon such other terms and conditions as the Selectmen shall consider proper, and to deliver a deed therefor if necessary; or take any other action with respect thereto. Board of Selectmen as a Courtesy ARTICLE 15 To see if the Town will vote to accept as a gift from Mark Conserva, the following described parcel of land, and to determine what conditions, if any, should be placed upon such acceptance, said land to be placed under the care, custody and control of the Board of Selectmen of the Town of Reading, Massachusetts, and held for general municipal purposes, including conservation and water control purposes, or to take any other ac- tion with respect thereto: Land situated Northerly of Jefferson Circle and Colonial Drive, Easterly of Latham Lane, Southerly of Rustic Lane and Subsequent Town Meeting November 13, 1989 Southwesterly of Grey Coach Road, and being shown on Reading Assessors plat 164 (as revised January 1, 1986) as lots 2 and 3 and Reading Assessors plat 166 (as revised January 1, 1986) as lot 4. Said land is approximately 10.37 acres in size. Board of Selectmen ARTICLE 16 To see what sum the Town will raise by bor- rowing, or from the tax levy, by transfer from the following described performance bond, or by transfer from available funds, or otherwise, and appropriate for the purpose of completion of construction of approved Site Plan improvements to private property at 156 Main Street, in accordance with the terms of a certain performance bond executed by Joseph Laschi to the benefit of the Town of Reading on January 27, 1988 pursuant to the Read- ing Zoning By -Laws and Massachusetts General Laws, Chapter 40A, such funds to be spent by and under the direction of the Board of Selectmen, or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 17 To see if the Town will vote to file a peti- tion and /or approve the filing of the petition to the General Court for a Special Act providing essentially as follows, or take any other action with respect thereto: "An Act Providing That Officer Herbert G. Perry Continue Employ- ment With The Police Department Of The Town Of Reading Be it enacted, etc. as follows: SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, Herbert G. Perry, an officer of the Reading Police Department, is hereby authorized to continue in such position until and including January Thirty- First, Nineteen Hundred and Ninety -Six; provided however, that he is mentally and physically capable of performing the duties of his office or position; and provided, further, that he shall annually, at his own expense, be examined by an impartial physician designated by the Reading Retirement Board to determine such capability. No further deductions shall be made from the regular compensation of said employee under the provisions of Chapter Thirty -Two of the General Laws for service subsequent to February First, Nineteen Hundred Ninety -One, and upon retirement said employee shall receive a superannuation allowance equal to that to which he would have been entitled to had he retired on said date. SECTION 2. The provisions of this act shall take effect as of February First, Nineteen Hundred Ninety- One." Board of Selectmen as a Courtesy ARTICLE 18 To see if the Town will vote to amend the Reading Zoning By -Laws so as to substitute for the words "one hundred ($100.00) dollars" the words "three hundred ($300.00) dollars" in Section 7.2.2. of said Zoning By -Laws, or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 19 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 considered, for the purposes of these Bylaws, to consist of a parking lot, ex- clusive of access ways posted to prohibit parking thereon, con- structed, owned, operated, and maintained by the Town of Reading for the specific and exclusive provision of parking for patrons Subsequent Town Meeting November 13, 1989 and employees of retail stores, offices, and consumer service es- tablishments 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 far- thest 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 20 To see if the Town will vote to amend the Reading Zoning By -Laws by adding the following definitional sec- tions: "2.2.21.1. 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." "2.2.23.1. OPEN STORAGE: the storage of industrial equipment or equipment parts, chemicals or chemical products, unregistered 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 abut- ting property." or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 21 To see if the Town will vote to amend section 2.2.32. of the Reading Zoning By -Laws which currently reads 112.2.32. USE; Reserved" so that said section will read as fol- lows: 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 By -Laws, 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 22 To see if the Town will vote to amend Section 4.3.3. of the Reading Zoning By -Laws 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., and in the last sentence of said section 4.3.3.1. to replace 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 "; 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; 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), which would read as follows: "Attractiveness, in the context of the maintenance and enhancement of the visual and environmental character of the Town, of proposed building, site, and landscape design and functioning. "; and J� Subsequent Town Meeting November 13, 1989 To add the following as Section 4.3.3.7.: 4.3.3.7. For buildings and uses requiring a Special Permit granted by the Community Planning and Development Commision, site plan review is not required for the matters encompassed by such special permit." or take any other action with respect thereto Community Planning and Development Commission ARTICLE 23 To see if the Town will vote to amend the Reading Zoning By -Laws by adding thereto the following Sections: 112.2.5.1. CHILD CARE FACILITY: A facility providing day care for more than six minor children not of common parentage and which is aftw.. required to be licensed to provide such care by the State Office for Children. Specifically excluded from this definition are overnight accommodations, medical facilities, family day care homes, churches, combined service uses and schools other than private kindergarten, preschool or nursery schools." "4.11. CHILD CARE FACILITY 4.11.1 SPECIAL PERMIT: The Board of Appeals may grant a Special Permit for a child care facility, if, as a minimum, the following criteria are met: (a) Minimum Parcel Area: The parcel to contain the child care facility shall be no less than 40,000 square feet in area. (b) Outdoor Play Area: There shall be an outdoor play area exclusively used for such purpose of at least seventy - five square feet per child using it at any one time. The play area shall conform to the following require- ments: (i) at least one half of the play area shall be accessible by direct sunlight; the play area shall be enclosed with a non - climbable fence at least four (4) feet high; the play area shall not be in the front yard; (c) Vehicular Circulation: There shall be a driveway and onsite parking to provide for adequate and safe off - street pick -up and drop -off of children and for employee parking. (d) Traffic: The adjacent roadways shall be adequate in capacity and layout to safely accommodate the existing traffic conditions and the traffic generated by the child care facility. (e) Setback: No building containing a child care facility shall be located within 35 feet of any property line. (f) Dimensional Controls: All dimensional controls of the district where the child care facility is located shall be met. (g) Mixed usage: The building and land containing a child care facility shall not be put to any other use other than single - family residential during such time as the child care facility is being used unless the Board of Appeals specifically finds that such other uses would not be inappropriate to be in proximity to the children in the child care facility, provided that such other use is allowed by right in the underlying zoning dis- trict. (h) Facilities: Adequate and appropriate facilities would be provided for the proper operation of the proposed use. ` -r Subsequent Town Meeting November 13, 1989 4.11.2 PROCESS: A person seeking a special permit must first file for site plan review under the provisions of Sec- tion 4.3.3. The application for the special permit shall be accompanied by all materials submitted to the Community Planning and Development Commission for site plan review as well as materials required by the Board of Appeals." And to see if the Town will vote to amend Section 4.2.2. of the Reading Zoning By -Laws by adding thereto, under the column head- ings indicated, the following: PRINCIPAL USES Public and Ouasi- Public Uses RES RES RES BUS BUS BUS IND 5 -10 A -40 A -80 A B C 5 -20 S -40 "Child Care Facility" " SPA"" SPA"" SPA" "SPA" "SPA" "SPA" "SPA" or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 24 To see if the Town will vote to amend the Reading Zoning By -Laws by replacing the words, in Section 7.4.1.1. thereof, "...two (2) associate members..." with the words "...three (3) associate members...", or take any other ac- tion with respect thereto. Community Planning and Development Commission ARTICLE 25 To see if the Town will vote to amend Section 4.7 of the Reading Zoning By -Laws, Municipal Building Reuse Dis- trict, as follows: 1 1. Amend Section 4.7.1. in part so that the last sentence is changed to read: "In addition, any one and only one of the use categories specified in Section 4.7.2.1., 4.7.2.2., or 4.7.2.3. may be permitted in such an overlay district under raµ a Municipal Building Reuse Special Permit issued pursuant to Section 4.7.3." 2. Amend Section 4.7.2. by adding at the end thereof the fol- lowing: "...as the same may be modified herein. 114.7.2.1. For any residential use, the following provisions shall apply: (a) Enlargement of existing building: The existing build- ing may be enlarged in a manner harmonious with the ex- ternal character and appearance of the building; however, any such enlargement shall not exceed a size equivalent to 25% of the gross square- footage of the existing building; (b) New construction: An additional building or additional buildings which contain the same use or uses as con- tained in the existing building may be constructed on the site in a manner harmonious with the external character and appearance of the existing building. No such additional building may be located closer than forty feet from any portion of the existing building; (c) Perimeter Setback: No portion of any additional build- ing or any enlargement of the existing building may be located closer than fifty feet from any boundary of the site; X 05 . Subsequent Town Meeting November 13, 1989 (d) Density: Maximum density of development on the site shall not exceed eighteen dwelling units per acre. Moreover, the aggregate gross floor area of any en- largement and any additional buildings shall not exceed the gross floor area of the existing building; (e) Height: The height of any enlargement or additional building shall not exceed that allowed in the underly- ing zoning district; (f) Open Space: A minimum of 30 % of the area of the site exclusive of the area occupied by the existing build- ing, the area in the required forty -foot setback there- from, and the area in the required fifty -foot perimeter setback shall be devoted to open space completely devoid of any structure, parking space, loading space, accessway, and private yards, patios, and gardens for the exclusive or principal use by residents of in- dividual dwelling units. To the greatest extent pos- sible such open space shall be left in its existing condition or developed so as to be appropriate in size, shape, dimension, location and character to assure its use as a park, recreation area, and visual amenity for the site and its residents. In no case shall any dimension of qualified open space be less than twenty feet; (g) Accessory Structures: No accessory structure shall be located within twenty feet of a rear or side property line, nor within the required fifty -foot front perimeter setback; (h) Required Low -and Moderate - Income Housing: There shall be provided on -site, or off -site in a manner acceptable to the Reading Housing Authority, a minimum of ten per- cent of its total units (both on -site and off -site) af- fordable to low- income, moderate - income, or elderly households in perpetuity. 4.7.2.2. For non - residential use, the following provisions shall apply: a) Allowed Non - Residential Uses: (i) Professional or administrative offices; Research and Development uses including ancillary office use and electronic and computer laboratories, but not ancillary manufacturing or activities which possess, use, or transfer licensed nuclear materials (including source materials, special nuclear materials, or by- product materials as defined in Title 10, Chapter 1, of the Code of Federal Regulations, Part 20, "Standards for Protection Against Radiation "), genetically engineered or biohazard materials, or other toxic or hazardous materials, (iii) Child Care Facility and /or Elder Care Facility, (iv) Any other use allowed by right or permitted by Special Permit in the underlying zoning district; (b) No use involving manufacturing, assembly, or sale or resale or storage for sale or resale of any goods, items, or material shall be allowed. (c) No enlargements of any type to the existing building, no additional building or buildings of any type, and no Subsequent Town Meeting November 13, 1989 enclosed storage of any kind outside of the existing building shall be allowed on the site. (d) Except for the existing building, accessways, walkways, required parking and loading spaces, and reasonably necessary other impervious surfaces, the entire site shall be kept as open space. To the greatest extent possible such open space shall be left in its existing condition or improved so as to be appropriate in size, shape, dimension, location, and character to assure its proper functioning as an amenity for both the site and the surrounding area. 4.7.2.3. For mixed use development, the following provisions shall apply: (a) The density and dimensional standards of Section 4.7.2.1. shall apply; (b) Allowed mixed uses may consist of any of the following uses, singly or in combination: (i) Residential (ii) Housing for the Elderly (iii) Child Care facility, (iv) Elder Care facility, (v) Medical Clinic and ancillary offices and facilities, (vi) Public and Quasi- Public uses as set forth in Sec- tion 4.2.2., Table of Uses." 3. Amend Section 4.7.5. by deleting the sentence "Copies of the detailed decision ... for Site Plan Review" and substituting therefor the following: "Copies of the detailed decision of the Community Planning and Development Commission shall be transmitted to both the applicant and the Zoning Board of Appeals within thirty days after said Commission closes the public hearing for Site Plan Review ". or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 26 To see if the Town will vote to amend the Reading Zoning By -Laws by amending the Reading Zoning Map to in- clude the following described property in the Municipal Building Reuse District, or take any other action with respect thereto: Beginning at a point on the easterly sideline of Pearl Street, said point being that formed by the intersection with said sideline of the common boundary line between Lots 9 and 10 as shown on Reading Board of Assessors Plat 105 as revised January 1, 1987; Thence easterly 117.79 feet more or less to a point; Thence easterly 302.85 feet more or less to a point at the intersection of Lots 5, 10, and 32 as shown on said Plat; Thence northerly 477.98 feet more or less to a point at the intersection of Lots 10 and 13 as shown on said Plat; Thence westerly 465.80 feet more or less to a point at the intersection of Lots 10 and 11 as shown on said Plat with easterly sideline of said Pearl Street; Thence southerly along said sideline 230.89 feet more or less to a point; Thence southerly along said sideline 196.53 feet more or less to a point; 1 P-1 Subsequent Town Meeting November 13, 1989 Thence southerly along said sideline 43.94 feet more or less to the point of beginning; Intending to describe all of Lot 10 as shown on said Plat, con- taining 4.8395 acres more or less and commonly known as the Pearl Street School property. Community Planning and Development Commission ARTICLE 27 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, commonly known as the Pearl Street School and to deter- mine the minimum amount to be paid for such conveyance; 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 con- sider proper and to deliver a deed therefor to said purchaser; and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and ap- propriate to the Board of Selectmen to carry out the purposes of this vote; or take any other action with respect thereto: The land shown on Board of Assessors' Revised January 1, 1987, Plat 105, as Lot 10 consisting of 4.8395 acres more or less and commonly known as the Pearl Street School property. Board of Selectmen ARTICLE 28 To see what sum the Town will raise by bor- rowing, or from the tax levy, or transfer from available funds or otherwise, and appropriate for the purpose of renovations and ad- ditions to the Birch Meadow School on Arthur B. Lord Drive, and the Joshua Eaton School on Summer Avenue, including the cost of original furnishings and equipment, engineering and architectural fees, inspection fees, relocation costs, contingencies, and re- lated facilities incidental thereto and necessary in connection therewith, said sum to be spent by and under the direction of the School Committee, and to see if the Town will vote to authorize the School Committee to file applications for a grant or grants to be used to defray all or any part of the costs of said school renovations and additions and related matters, and to see if the Town will vote to authorize the School Committee to enter into all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. School Committee ARTICLE 29 To see what sum the Town will raise by bor- rowing, or from the tax levy, or transfer from available funds, or otherwise and appropriate to fund the feasibility and design for a relocated Senior Citizen Center, all monies to be expended under the direction of the Board of Selectmen, or take any other action with respect thereto. Board of Selectmen ARTICLE 30 To see what sum the Town will raise by bor- rowing or from the tax levy, or transfer from available funds or otherwise and appropriate for the purpose of complying with the provisions of General Laws Chapter 21E and other applicable laws relating to the removal of subsurface contamination located at the former DPW Garage; such appropriation to include all en- gineering 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 ARTICLE 31 To see what sum the Town will raise by bor- rowing, or from the tax levy, or transfer from available funds, or otherwise and appropriate to the Fire Department Expense Budget to fund the collection of ambulance billing, or take any "y Subsequent Town Meeting November 13, 1989 other action with respect thereto. Board of Selectmen ARTICLE 32 To see if the Town will vote to accept the provisions of Massachusetts General Laws, Chapter 32, Section 22D, which provides for a certain retirement system funding schedule all as described in the "Notice Of Option To Accept The Provisions of M.G.L. Chapter 32, Section 22D And Became A Funding System" from the Commissioner, Public Employee Retirement Ad- ministration, and in the accompanying "Description Of Rights And Duties Of Governmental Units Electing To Accept M.G.L. Chapter 32, Section 22D And Become a Funding System ", copies of which Notice and Description have been distributed to all Town Meeting Members and made available for public inspection at the office of the Town Clerk, the Office of the Town Manager, the Library and at this meeting, or take any other action with respect thereto. Board of Selectmen ARTICLE 33 To see if the Town will vote to amend the recodified Bylaws of the Town by adding the following to Sec- tion 114.9 User Fees ", or take any other action with respect thereto. "4.9.2.1 The Town Treasurer - Collector shall annually furnish to each department, board, commission or division of the Town, hereinafter referred to as the Licensing Authority, that issues licenses or permits including renewals and transfers, a list of any person, corporation or business enterprise, hereinafter referred to as the Party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve (12) month period, and that such Party has not filed in good faith a pending ap- plication for an abatement of such tax or a pending petition before the appellate tax board. 4.9.2.2 The Licensing Authority may deny, revoke or suspend any license or permit, including renewals and transfers of any Party whose name appears on said list furnished to the Licensing Authority from the Town Treasurer - Collector; provided, however, that written notice is given to the Party and the Town Treasurer - Collector, as required by Section 4.9.2.6 hereof, and the Party is given a hearing, to be held not earlier than four- teen (14) days after said notice. Said list shall be prima facie evidence for denial, revocation of suspension of said license or permit to any Party. The Town Treasurer - Collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the Licensing Authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the Licensing Authority receives a certificate issued by the Town Treasurer - Collector that the Party is in good standing with respect to any and all local taxes, fees, assess- ments, betterments or other municipal charges payable to the municipality as of the date of issuance of said certificate. 4.9.2.3 Any Party shall be given an opportunity to enter into a payment agreement, thereby allowing the Licensing Authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by Section 4.9.2.6 hereof. 409 Subsequent Town Meeting November 13, 1989 4.9.2.4 The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his /her immediate family, as defined in Chap- ter 268, Section 1 of the General Laws in the business or ac- tivity conducted in or on said property. 4.9.2.5 This section shall not apply to the following licenses and permits (as referenced to the General Laws): open burning, Chapter 48, Section 13; bicycle permits, Chapter 85, Section 11A; sales of articles for charitable purposes, Chapter 101, Section 33; children work permits, Chapter 149, Section 69; clubs, as- sociations dispensing food or beverage licenses, Chapter 140, Section 21E; dog licenses, Chapter 140, Section 137; fishing, hunting, trapping license, Chapter 131, Section 12; marriage licenses, Chapter 207, Section 28 and theatrical events, public exhibition permits, Chapter 140, Section 181. 4.9.2.6 Wherever written notice is requir in this section d 4.9.2, notice shall be hand - delivered and a signed receipt ob- tained therefor or notice shall be sent by registered or cer- tified mail, return receipt requested, postage prepaid." Board of Selectmen ARTICLE 34 To see if the Town will vote to accept the provisions of General Laws Chapter 41, Section 41B, permitting the direct deposit of payroll, or take any other action with respect thereto. Boardlof Selectmen ARTICLE 35 To see if the Town will vote to accept the provisions of General Laws Chapter 60, Section 23B, establishing fees for certificate of liens, or take any other action with respect thereto. Boardlof Selectmen ARTICLE 36 To see if the Town of Reading will vote to amend Reading's Home Rule Charter in the second paragraph of Sec- tion 3 -6 by deleting the words "an appraiser" and inserting the words "such assistants as Town Meeting may by budget provide," so as to read: "The Board of Assessors may appoint such assistants as Town Meet- ing may by budget provide and shall have all the powers and duties given to Boards of Assessors by the law of the Common- wealth not inconsistent with this Charter. Board of Assessors 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 13, 1989, 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 said meeting. 410 Subsequent Town Meeting November 13, 1989 Given under our hands this 26th day of September, 1989. Russell T. Graham, Chairman Mary S. Ziegler, Vice Chairman Daniel A. Ensminger, Secretary Eugene R. Nigro John H. Russell SELECTMEN OF READING A true copy. Attest: kD,&�-L Doris M. Fantasia Town Clerk 411 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on October 30, 1989 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. Brown Bag, 1349 Main Street Old Hose House, 1249 Main Street St. Athanasius Church, 300 Haverhill Street Precinct 2. Cumberland Farms, 305 Salem Street Graphics Shop, 34 Salem Street JoAnn's Variety, 143 Salem 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. Reading Library, 64 Middlesex Avenue B & M Railroad Station, High Street Town Hall, 16 Lowell Street 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. Meadowbrook Golf Club, 292 Grove Street P & S Convenient Store, 287 Lowell Street Memorial High School, 62 Oakland Road Precinct 8. Arthur W. Coolidge, Jr. High School, 89 Birch Meadow Drive Birch Meadow School, Arthur B. Lord Drive Marshall's, 1342 Main Street The date of posting being not less than fourteen (14) days prior to November 13, 1989, 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 October 25, 1989. William J. Hughes, Jr. Constable of Reading A true copy. Attest: 1�0 Doris M. Fantasia Town Clerk