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Home My WebLink About2013-04-25 Annual Town Meeting WarrantTOWN WARRANT (SEAL) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any 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 Performing Arts Center, 62 Oakland Road, in said Reading, on Thursday, April 25, 2013, at eight o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting 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 Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Town Manager and any other Official, Board or Special Committee. Board of Selectmen Background: This article appears on the Warrant for all Town Meetings. At this Special Town Meeting no report(s) are anticipated, and the article will be indefinitely postponed. Finance Committee Report: No report, Bylaw Committee Report: No report. 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 vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. r Board of Selectmen Backaround: This Article appears on the Warrant of all Town Meetings. There are no known Instructional Motions at this time. The Town Moderator requires that all proposed Instructional Motions be submitted to the Town Clerk in advance so that Town Meeting Members may be "warned" as to the subject of an Instructional Motion in advance of the motion being made. Instructional Motions are normally held until the end of all other business at Town Meeting. The Article will be indefinitely postponed. Finance Committee Report: I No report, Bylaw Committee Report: No report. 2 ARTICLE 3 To see if the Town will vote to amend the FY 2013 - FY 2022 Capital Improvements 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 Backcaround: This Article is included in every Town Meeting Warrant. The Reading General Bylaw states (section 6.1.3) "... No funds may be appropriated for any capital item unless such item is included in the Capital Improvements Program, and is scheduled for funding in the Fiscal Year in which the appropriation is to be made." Bond ratings agencies also want to ensure that changes to a long -term CIP are adequately described. There is no anticipated action under this article at this Special Town Meeting and the article will be indefinitely postponed. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 4 To see if the Town will vote to amend Section 4.3.1.4 of the Reading Zoning By -laws as follows: 1. Amend subsection 4.3.1.4.a by deleting the first words of the paragraph "As of November 16, 1998" and adding at the end of the first sentence the words "or the lot(s) on which the nursing home is to be located currently has frontage on a State highway, and the proposed driveway to the site will be within 600 feet of a signalized intersection ", so that this subsection shall read: a. The lot(s) on which the nursing home is to be located either abuts or is partially within a Business A District, or is separated therefrom only by an Interstate Highway; or the lot(s) on which the nursing home is to be located currently has frontage on a State highway, and the proposed driveway is within 600 feet of a signalized intersection. A lot shall not be considered as abutting Business A District unless that lot actually, physically touches the Business A District, or is separated therefrom only by an Interstate Highway. A lot on the other side of or separated by a local street or state highway from a Business A District shall not be considered to "abut" that district for the purpose of this section. 2. Amend subsection 4.3.1.4.b by deleting the words and numerals "fifty (50) feet' and substituting the words and numerals "twenty -five (25) feet' so that this subsection shall read: b. Any structure or parking area shall be located not closer than twenty -five (25) feet to any property line abutting a residence or local public street. 3. Amend subsection 4.3.1.4.c by deleting the words and numerals "one hundred feet' and substituting the words and numerals "eighty (80) feet' so that this subsection shall read: 3 C. The nursing home structure shall not be less than eighty (80) feet from the nearest dwelling existing at the time of application for the Special Permit. Or take any other action with respect thereto. Community Planning and Development Commission Background: As the Town's population ages, the number of residents with Alzheimer's disease will regrettably increase as will the need to care for those stricken. The current Zoning By -Law allows nursing homes and assisted living facilities in the S -20 District, but because of the current language, few if any locations would qualify. The maps below illustrate those areas where a nursing home can be located under current regulations. The lots must abut or be partially within a Business A District or is separated only by an interstate highway. The map below illustrates areas within the S -20 district which abut a Business A district. PR" &40 t t: FgpE+YNr �A ' S20 4 Hus A. t � C C a v.� The lots must abut or be partially within a Business A District or is separated only by an interstate highway. The map below illustrates areas within the S -20 which the adjacent Business A zoning district is separated by an interstate highway district. yq ,X VYty ryl tA i b 1 A �A 7 A 7 i 520�rPn t P A � ��=au t f C r Pi1i PN1� (M 'r A The proposed zoning change would allow limited property in the S -20 District to apply for a special permit for an assisted living facility, provided all of the following criteria are met: (a) The property fronts on Main Street (State Highway); and (b) the land is more than three acres in size, and (c) the facility has its driveway within 600 feet of a signalized intersection. In addition to the maps above, the map below illustrates an additional location in which a nursing may be located under the proposed amendments. 4 A nursing home must be located on lots which are within the S -20 District, have frontage on a State Highway (Main Street) and have a driveway within 600 -feet of a signalized intersection. The northwest corner of the intersection the Franklin Street and Main Street meet this criteria. 4AYER RD � `'y. 20 9 PR" >4w r nvwip e'i 00 AMlOM ��r4jeanu s � T ° YAKrr-1% A+ r i le j w.nl:n np t ? The Town has been approached by Artis Senior Living LLC to establish an Alzheimer's assisted living facility at the current location of Eric's Greenhouse on Main Street. If the zoning change is adopted, the proponent would still be required to obtain both a special permit from the Zoning Board of Appeals and site plan approval from the CPDC to establish such a facility. These approvals require public hearings with legal notice and notice to abutters within 300 feet, See the map below for the location of Eric's Greenhouse. CPDC Report: On April 8, 2013 the CPDC convened to hold a public hearing on the proposed Article 23, for the updating of the official zoning map and for the amendment to Section 3.2 "Zoning Map" to reflect the date of the new official zoning map. All documents were made available on the town website and at Town Hall. The public hearing was held to provide an opportunity for comment and to determine whether the provisions of the proposed Article 23 shall be adopted by the Town. The April 8, 2013 public hearing was opened at approximately 7:30 p.m. A presentation was made by the Town Engineer to the CPDC and discussion followed. All comments received at the hearing were included as part of the record of the hearing. The public hearing was closed that same evening on April 8, 2013. CPDC voted 3 -0 -0 to recommend Article 23 to Town Meeting. Finance Committee Report: No report. Bylaw Committee Report: At their meeting on April 4, 2013 the Bylaw Committee voted 4 -0 -0 to recommend the subject material of this Article to Town Meeting, based solely on the structural soundness of the proposed changes. They did not take a position on the proposed use of the property. D and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to April 25, 2013, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due- return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 19th day of March , 2013. Goldy, Chairman Ben T Richard W. Schubert, Secretary S John Arena 1 James Bonazoli / SELECTMEN OF READING Ala Irich, Constable