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Home My WebLink About2015-09-15 Board of Selectmen Handout DRAFT MOTIONS BOARD OF SELECTMEN MEETING SEPTEMBER 15, 2015 Ensmin2er, Halsey, Sexton, Arena, Berman LeLacheur 5c) Move that the Board of Selectmen approve moving the Local Election to March 1, 2016 to combine it with the State Presidential Primary. 5d) Move that the Board of Selectmen close the hearing for the early opening for Tread LLC at 6 Linden Street. Move that the Board of Selectmen approve a license to operate a retail business between the hours of midnight and 6:00 am pursuant to Section 7.1 of the Reading General Bylaw and further pursuant to section 3.9 of the Board of Selectmen policies to Tread, LLC, 6 Linden Street, subject to the following conditions: 1. This license is for approval, pursuant to the Board of Selectmen regulation 3.9, to open for business not earlier that 5:00 am on Monday through Friday, and not earlier than 6:00 am on Saturday, Sunday, and holidays. 2. This approval expires at midnight, December 31, 2015; 3. All signs shall conform to the Zoning Bylaws of the Town of Reading; In granting this license the Board finds that in accordance with Section 5.10.4 of the General Bylaws: • It is in the interest of the public health, safety and welfare, or that public necessity or convenience will be served by permitting such operation; and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. 5e) Move that the Board of Selectmen close the hearing on street acceptances. Move that the Board of Selectmen recommend the acceptance of Causeway Road, Cory Lane, Dividence Road, Pond View, Roma Lane and Sailor Tom's Way as public streets. 0 5f) Move that the Board of Selectmen close the Warrant consisting of Articles for the 2015 Subsequent Town Meeting to take place on November 9, 2015 at 7:30 p.m. in the Performing Arts Center, 62 Oakland Road. 6a) Move that the Board of Selectmen approve the minutes of September 1, 2015 as amended. Move that the Board of Selectmen adjourn the meeting at p.m. DRAFT - BOARD OF SELECTMEN 2015 AGENDAS 2015 9/15/2015 Staff Estimated September 15, 2015 375th Celebration Alan Foulds 7:20 LeLacheur 7:30 Discussion about moving local election to March 1, 2016 and combining it with the State Presidental Primary LeLacheur 7:40 Public Hearing Early Opening Request -Tread LLC LeLacheur 7:55 Public Hearing Private Road Acceptances Zambouras 8:00 Public Hearing Close Warrant for November Town Meeting LeLacheur 9:00 September 16, 2015 Coolidge MS 7:30 Financial Forum with School Committee, Library Trustees and Finance Committee FY16 budget October 6,2015 Office Hour Kevin Sexton 6:30 Vote to discontinue old Accuvote machines and approve the new voting machines LeLacheur 7:30 Public Hearing Approve Classification & Compensation LeLacheur 8:00 Vote November Warrant Articles LeLacheur Executive Session To discuss Real Estate LeLacheur October 20,2015 Town Accountant Quarterly Report Angstrom October 28, 2015 PSC 7:30 Financial Forum with School Committee, Library Trustees and Finance Committee FY17 budget November 3,2015 Office Hour Barry Berman 6:30 Town Meeting November 9,2015 Monday Town Meeting November 12, 2015 Thursday Town Meeting November 16, 2015 Monday November 17, 2015 Liquor License Renewals HOLD for MAPC December 1,2015 Office Hour Dan Ensminger 6:30 HOLD for MAPC December 15,2015 Approve Licenses - non-alcohol Future Agendas Joint Meeting with RMLD Commissioners Joint Meeting with School Committee Multi Board/Committee Summit Reading 2020 Community Meeting Downtown Parking Strout Avenue Master Plan Recurring Items Close Warrants by Sep 23/Nov by Mar 3/April Review BOS/TM Goals Mar-July-Dec Tri-ann Review Customer Service survey results Feb & Aug Semi-ann Review Regionalization efforts as needed Appointments of BCCs June Annual Approve Classification & Compensation June Annual Appoint Town Counsel June Annual Tax Classification Hearing October Annual Approve licenses December Annual Reports to BOS Town Accountant Report Qtrly RCTV members Report Semi-ann CAB (RMLD) member Report Semi-ann MAPC member Report Semi-ann BOS Appointed Boards, Committees & Commissions NEW Annual Reading Housing Authority Report Annual Reading Ice Arena Report Annual � OFRFq� O C C X `..:;, Office of the Town Manager 781-942-9043 e °f;�:y poi 16 Lowell Street townmanager @ci.reading.ma.us ■6.39y,c01_ j Reading, MA 01867 www.readingma.gov/town-manager To: Board of Selectmen From: Robert W.LeLacheur,Jr. CFA Date: September 15,2015 RE: September 16th Financial Forum A reminder that we are meeting at 7:30pm at Coolidge tomorrow night to discuss the FY16 budget changes being proposed to November Town Meeting under Article 5. Broadly these changes are in the following categories: 1) Capital — a total of $428,250 of capital is being requested, a figure somewhere mid-range for November requests over the past several years. While we don't know Free Cash yet, we know we turned back some funds from capital projects that could not be completed so there should be funding available. The largest request is$175,000 for School &Town technology, arising from our mutual discussions this summer. A shared disaster recovery system for $100,000 is one component; $60,000 to complete a phone project (which will be combined with $40,000 already approved in the school capital plan) and $15,000 for a Town-only data security audit. The schools may come back to a future Town Meeting with a similar request once they complete their staffing in technology. Remaining capital requests are equipment, with $140,000 for a DPW snow blower resulting from last year's tough winter. 2) The proposed change to the Facilities department. In addition to significant transfers between budget lines items that total about $2.7 million, we are requesting $174,000 in additional funding as follows: $110,000 wages to restore an Assistant Director position eliminated a couple of years ago that is needed, plus some OT and squaring off the Director's salary; $40,000 for a 4th Town custodian driven in part by existing workload and the expected impact of the new library facility; and $24,000 to upgrade a Buisness Analyst position to be a Procurment Agent as the Town will be taking on a lot of responsibility from the schools with the proposed change to Facilities. 3) Town Pay and Class transfers that all net out to zero, as the funds were approved by Town Meeting last spring. 4) Some other school-related items arising in part from our discussions this summer: $62,000 to add an HR Generalist to the Town budget, to be shared with the school department as both of our HR functions are quite understaffed; $150,000 addition to FINCOM Reserves as a cushion in case the modular classroom expenses exceed their budget (they have not yet done so); and $75,000 for ongoing legal expenses related to the RMHS litigation. 5) A transfer request from the Permits Revolving Fund for $25,000 to Public Services to complete the Hazard Mitigation Planning work begun by Jessie Wilson with consulting services, needed to be completed by June 2016. 6) A variety of other additions and subtractions that net to an$87,000 reduction in FY16 budgets. Below is a detailed look at the Facilities budget transfers: M91 — Core Facilities #Transfers from U99 Schools $1,948,199 $2,683,341 Wages & Expenses #Transfers from V99 Town Fac $525,142 #(a) Additions requested $110,000 #(b) Additions requested $100,000 M92 —Town Facilities #Transfers from V99 Town Fac $252,835 $ 292,835 Town buildings #(a) Additions requested $ 40,000 U99 — School #Transfers to M91 $1,948,199 $1,948,199 Department V99 —Town Facilities #Transfers to M91 $525,142 $ 777,977 #Transfers to M92 $252,835 CD Schena, Paula From: LeLacheur, Bob Sent: Sunday, September 13, 2015 11:38 AM To: Schena, Paula Subject: FW: Thank You For BOS packet I From: nozzle33 @comcast.net [nozzle33 @comcast.net] Sent: Sunday, September 13, 2015 9:40 AM To: LeLacheur, Bob Subject: Thank You Bob, On behalf of the Vars family I want to express my gratitude for making the September 9th return of my Uncle Christopher a day that we will never forget. From the beautiful service at Logan to our entry to Route 28 and Main Street Reading; seeing the flag flying from Main and Summer Ave., was an incredible sight and one which our family will never forget. The support of the community, holding flags, standing at attention and saluting as we passed, to the ceremony at Douglass...the family was so moved by the expressions of love and support for a returning soldier. Thank you to all who made this possible. Art Bob, On the afternoon of September 9th, I personally spoke to Chief Burns, Chief Cormier and Lieutenant Stamatis, Chief Warnock (No. Reading Fire) and Kevin Bohmiller (you were not available at the time). Have I left anyone out who was involved in the planning whom I should thank? 0- 1 1 LeLacheur, Bob From: LeLacheur, Bob Sent: Monday, September 14, 2015 2:59 PM To: 'Diana Rhudick' Cc: Forwarding Account for Dan Ensminger Subject: RE: resolution to support H.2870 and H.2871 Diana, I am responding to your email about the proposed H.2870 and H.2871 sent to the Board of Selectmen last week. I have copied Board of Selectmen Chair Dan Ensminger—we cannot have a discussion via email with the entire Board as that would be a violation of Open Meeting Law. The Board discussed this issue at their last meeting, and then a couple of Selectmen attended a Climate Advisory Committee meeting last week as a follow up.The Board is very interested in learning more about the local impacts of the gas leaks as a matter of public safety.We are currently exploring that with our Department of Public Works, and expect to be very proactive to get repairs done as quickly as possible, and make sure our residents and businesses have as much information as is available. However as a matter of policy the Board decided not to give an opinion on a political matter at the state level, but to focus only on the public safety aspect. I will include your email and this response in their next meeting packet. Thanks, Bob Robert W. LeLacheur,Jr. CFA Town Manager, Town of Reading 16 Lowell Street, Reading, MA 01867 townmanaaer@ci.readina.ma.us (P) 781-942-9043; (F) 781-942-9037 www.readingma.gov; Please fill out our brief customer service survey at: http://readingma-survey.virtualtownhall.net/survey/sid/ff5d3a5f03e8eb60/ Town Hall Hours: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. -7:00 p.m.; Friday: CLOSED From: Diana Rhudick [mailto:drhudickl@gmail.com] Sent: Friday, September 04, 2015 5:12 PM To: Reading - Selectmen Subject: resolution to support H.2870 and H.2871 Dear Reading selectmen: 1 0 • I am writing to urge you to pass a resolution in support of these important measures so that taxpayers are not saddled with the bill for leaking pipelines. Thank you for your time, 6itrna&�udick Grove St., Reading, MA French/Spanish to English translator ATA-ccrtilied, M.A. in translation Proofreader and Editor �Q 2 LEGAL NOTICE .J'...'i-! 610 0.14-1pi• ((��j -i-.,J•- ' .�! '• \`' ,g :. : 1 i. 1 _-_,:..,_.. %,. z' 4.,:sz .,,,„ • TOWN OF READING , ,To the Inhabitants of the • T`Rwn of Reading: i ease take notice that the pd of Selectmen of the (i'of Reading will hold a V, ic hearng on September 2015 at 7:55 p.m. in the 96tmen's Meeting Room, 1W Lowell Street, Reading, Pailksachusetts on: Request f "early opening at 5:00 a.m. f6? A'read LLC, 6 Linden Stf'eet. 0.4'A,'copy of the proposed dt urfient regarding this topic iak` adailable in the Town t ietger's office, 16 Lowell Strt3et, Reading, MA, M-W- ThtGi. from 7:30 .a.m. - 5:30 y04!Tues from 7:30 a.m. - 030.p.m. and is attached to tt'tagaring notice on the web- .,eiwww.readingma.gov E. AII: interested parties are igyitetj to attend the hearing, ocy submit their comments • ia4fiting or by email prior to p.m. on September 15, 4 Z41, i to tbwnmanager @cl.reading,ma ;, By order of • Robert W. LeLacheur Town Manager . 9':3.15 /0 c A/ 9/457/5- 5 pm 2: 15 Jdw- D • / ` / 3 Schena, Paula From: LeLacheur, Bob Sent: Tuesday, September 15, 2015 11:58 AM To: Schena, Paula Subject: FW: Sept. 15th hearing regarding Tread LLC For BOS packet Robert W. LeLacheur,Jr. CFA Town Manager, Town of Reading 16 Lowell Street, Reading, MA 01867 townmanager(«ci.readinq.ma.us (P) 781-942-9043; (F) 781-942-9037 www.readingma.qov; Please fill out our brief customer service survey at: http://readingma-survey.virtualtownhall.net/survey/sid/ff5d3a5f03e8eb60/ Town Hall Hours: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. - 7:00 p.m.; Friday: CLOSED From: Heidie G. [mailto:hgerman@hotmail.com] Sent: Tuesday, September 15, 2015 11:54 AM To: Town Manager Subject: Sept. 15th hearing regarding Tread LLC Dear Mr. LeLacheur, I am writing to you with respect to the topic of tonight's public hearing at 7:55 pm regarding the request for early opening at 5:00 am for Tread LLC at 6 Linden St. I live at 14 Linden Street and often work nights and weekends. Since Tread opened, I have been awoken on several occasions by loud music and the sound of the instructor speaking over the microphone between the hours of 6:00 and 8:00 am. What makes matters worse regarding the music is the the thumping baseline of the techno beat that makes the sound more resonant. Since the noise from Tread is already causing a nuisance as early as 6:00 am, I would be vehemently opposed to the business opening one hour earlier. The only way I would approve of such an early opening would be if they significantly turned down the music and stopped using the microphone. I greatly appreciate your attention to this matter and ask that you kindly acknowledge receipt of this email. Thank you, Heidie Gutierrez 1 • LEGAL NOTICE 1 „ c N :t ` • i V 0 ,Z'fNCORQbV TOWN OF READING To the Inhabitants of the Town of Reading: Please take notice that the Board of Selectmen of the Town of Reading will hold a public hearing on September 15, 2015 at 8:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts on: Private Road Acceptances of Causeway Road, Cory Lane, . Dividence Road, Pond View, Roma Lane and Sailor Tom's Way. A copy of the proposed document regarding this topic is available in the Town Manager's office, 16 Lowell Street, Reading, MA, M-W- Thurs. from 7:30 a.m. - 5:30 p.m., Tues from 7:30 a.m. - 7:00_p.rp. and is.attached to the hearing notice on the web- site at www.readingma.Qov All interested parties are invited to attend the hearing, or may submit their comments in writing or by email prior to 6:00 p.m. on September 15, 2015 to townmanager @ci.readingna .us By order of Robert W. LeLacheur Town Manager 9.9.15 0 _‹e--\ 2015 Subsequent Town Meeting Monday November 9, 2015 • WARRANT OUTLINE REVISED 09/15/2015 Art. Mover/ Moderator Article Description Sponsor Comment Notes 1 Reports Board of Selectmen •3756 Celebration—Town Moderator Alan Foulds ♦Birch Meadow update—Town Manager Bob LeLacheur ♦Municipal Light Department annual report—General Manager Coleen O'Brien •School Department annual report—Superintendent Dr. John Doherty ♦Motion to Table—Selectman Chair Dan Ensmin.er 2 Instructions Board of Selectmen ♦Motion to Table—Selectman Vice Chair John Halse 3 Amend the Capital Board of Selectmen •Motion—Selectman Kevin Improvement Program FY Sexton 2016 - FY 2025 •Presentation—Bob LeLacheur •FINCOM report—TBA 4 Approve Payment of Prior Board of Selectmen ♦Motion—Selectman John 9/10 vote required Year's Bills Arena ♦Presentation—Town Accountant Sharon Angstrom ♦FINCOM re•ort—TBA 5 Amend the FY 2016 Budget f INCOM ♦Motion—FINCOM Chair Mark Dockser •Presentation—Bob LeLacheur ♦FINCOM resort,—TBA 6 Road Acceptances - Board of Selectmen • Motion—Barry Berman Causeway Road; Cory Lane; • Presentation—TBA Dividence Road; Pondview ♦ Bylaw Committee report— Lane; Roma Lane and Sailor Stephen Crook Tom's Wa • 9/15/2015 1 2015 Subsequent Town Meeting Monday November 9, 2015 WARRANT OUTLINE REVISED 09/15/2015 7 Zoning Bylaw Changes — CPDC • Motion—CPDC Chair Jeff 2/3 vote required Purpose Hansen • Presentation—Jeff Hansen • CPDC Report—CPDC member Nick Safina ♦ Bylaw Committee Report- TBA 8 Zoning Bylaw Changes — CPDC • Motion—Jeff Hansen 2/3 vote required Personal Wireless Service • Presentation—Jeff Hansen Facility • CPDC Report—Nick Safina • Bylaw Committee Report- TBA 9 Zoning Bylaw Changes — CPDC ♦ Motion—Jeff Hansen 2/3 vote required Aquifer Protection District • Presentation—Jeff Hansen ♦ CPDC Report—Nick Safina • Bylaw Committee Report- TBA 10 Zoning Bylaw Changes — CPDC ♦ Motion—Jeff Hansen 2/3 vote required CPDC and ZBA Associate • Presentation—Bob LeLacheur Members • CPDC Report—Nick Safina • Bylaw Committee Report- TBA 11 Bylaw Changes — 3.3.1.4 Board of Selectmen ♦ Motion—Selectmen Dan Removal for Absence Ensminger • Presentation—Bob LeLacheur ♦ Bylaw Committee report— Ste•hen Crook 12 Bylaw Changes — 3.3.1.3 Board of Selectmen • Motion—John Halsey Residency requirement ♦ Presentation—Bob LeLacheur ♦ Bylaw Committee report— Ste•hen Crook 13 Bylaw Change — Section 8.8 Board of Selectmen ♦ Motion—Kevin Sexton Animal Control ♦ Presentation—Bob LeLacheur ♦ Bylaw Committee report— Ste'hen Crook 14 Settle Potential Litigation Board of Selectmen ♦ Motion—John Arena • Presentation—Bob LeLacheur • FINCOM Report—Mark Dockser 9/15/2015 2 1 � ) 2015 Subsequent Town Meeting Monday November 9, 2015 WARRANT OUTLINE REVISED 09/15/2015 15 Cemetery Garage Facility Board of Cemetery ♦ Motion- 2/3 vote required Trustees ♦ Presentation- (Debt) ♦ FINCOM re'oft- 16 Bylaw Change - Section Board of Selectmen • Motion-Barry Berman 8.9.1 Firearms ♦ Presentation-ad hoc Firearms Committee ♦ Bylaw Committee report- Stephen Crook 9/15/2015 3 In accordance with Section 2-12 of the Town of Reading Home Rule Charter,the Board of Cemetery Trustees submits the following Articles for inclusion in the November Subsequent Town Meeting warrant. Move that the Capital Improvement Program be amended, Cemetery Building from One Million Five Hundred Thousand ( $ 1,500.000.00 ) dollars to Two Million ( $ 2,000,000 .00) dollars. Move that sum the of One Million Two Hundred Thousand ( $ 1,200,000.00 ) dollars be raised by borrowing and Seven Hundred Thousand ( $ 700.000.00 ) dollars be transferred from the sale of real estate fund and One Hundred Thousand ( $ 100,000.00) dollars be transferred from the Cemetery sale of lots fund totaling Two Million( $ 2,000.000.00 ) dollars for the purpose of constructing a Cemetery garage and related facilities including site preparation , construction , originally equipping and furnishing said facilities and other costs incidental thereto including costs of architectural , engineering and construction services, inspection and costs of financing in connection therewith ; and to authorize the Facilities Department and/or the Permanent Building Committee/Town Manager to proceed and enter into any and all contracts and agreements necessary therefore and incidental thereto, including without limitation , contracts for architectural, engineering and construction services and to all other acts and things necessary and proper for carrying out the provisions of this vote ,--• _ r (itk' v_____. gA,i( a/11)4-zi o cn -v . . ii. Y-6_ - II+. CZS.71g ) 3 Y )' a vi,A, 7 ‘ i C a.,1,1_ 0 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on , 2015 notified and warned the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Walter S. Parker Middle School, 45 Temple Street Precinct 6 Barrows School, 16 Edgemont Avenue • Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior to November 9, 2015, the date set for Town Meeting in this Warrant. I also caused a posting of this Warrant to be published on the Town of Reading website on , 2015. , Constable A true copy Attest: Laura Gemme, Town Clerk TOWN WARRANT '1 O oFRFgO' �s�s,rxcoap°�P 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 Town elections and Town affairs, to meet at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, in said Reading, on Monday, November 9, 2015, at seven-thirty 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, School Committee, Library Trustees, Municipal Light Board, Finance Committee, Bylaw Committee, Town Manager, Town Accountant and any other Town Official, Board or Committee. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers and Boards or Committees and determine what instructions shall be given Town Officers and Boards or 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 Boards or 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 amend the FY 2016-26 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 ARTICLE 4 To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money to pay bills remaining unpaid from prior fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen ARTICLE 5 To see if the Town will vote to amend the Town's Operating Budget for the Fiscal Year commencing July 1, 2015, as adopted under Article 20 of the Annual Town Meeting of April 27, 2015; and to see if the Town will vote to raise and appropriate, borrow or transfer from available funds, or otherwise provide a sum or sums of money to be added to the amounts appropriated under said Article, as amended, for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee ARTICLE 6 To hear the report of the Board of Selectmen relative to the laying out of the following named streets under the provisions of Chapter 82 of the Massachusetts General Laws, and to see if the Town will vote to accept such streets as and for public ways and to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain any land or interest in land necessary for such laying out, and act on all manners relating thereto: Cory Lane, from Zachary Lane to dead end Pondview Lane, from Fairchild Drive to dead end Roma Lane, from Sanborn Lane to dead end Sailor Tom's Way, from Franklin Street to dead end Causeway Road, from Lowell Street to dead end Divdence Road, from Franklin Street to dead end or take any other action with respect thereto. Board of Selectmen ARTICLE 7 To see if the Town will vote to amend Section 1.0 of the Zoning Bylaws as follows (Bold represents language to be inserted and crossed-out language is to be deleted): 1.0 PURPOSE This Bylaw has been adopted to govern uses of land; the size, height, bulk, location and use of structures, buildings and signs; and for all of the other purposes set forth in, but not limited by, Section 2A of Chapter 808 of the Acts of 1975: 1.1 The purposes of this Zon'-: _ - - -:-, :- - - - - -e e, : - a To promote the health, safety and general welfare of the inhabitants of the Town of Reading; L b To lessen congestion in the streets; e To conserve health; d To secure safety from fire, flood panic, congestion and other dangers; e To provide adequate light and air; f To prevent over-crowding of land; g To avoid undue concentration of population; # To encourage housing for persons of all income levels; I To facilitate the adequate provisions of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements; To conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; k To encourage the most appropriate use of land throughout the Town of Reading, including consideration of the recommendations of comprehensive plans adopted by Town Meeting; and I To preserve natural conditions and historic sites and to enhance beauty and amenities. or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 8 To see if the Town will vote to amend the Zoning Bylaws by (1) Deleting Commercial Communication Structures from Section 2.0; (2) Adding in appropriate alphabetical order, a new definition to Section 2.0 as follows: Personal Wireless Service Facility (PWSF)—All equipment, including Repeaters, with which a Personal Wireless Service Provider broadcasts and receives the radio-frequency waves which carry their services, and all equipment, appurtenances and structures, including towers, relating thereto. (3) Revising Section 5.3.1 and Section 5.3.2 Table of Uses to allow PWSFs by Special Permit through the CPDC in every zoning district and delete Commercial Communications Structures in Section 5.3.1 and Section 5.3.2 Table of Uses. (4) Deleting in its entirety Section 5.6.3 Commercial Communications Structures and replace with a new Section 5.6.3 Personal Wireless Service Facilities, as follows: Personal Wireless Service Facilities (PWSFs) 5.6.3. Applicability. No PWSF shall be erected, installed or modified except upon issuance of a special permit in compliance with the provisions of this bylaw, whether the PWSF is considered a principal use or an accessory use. 5.6.3.1. Preferences—Siting and Facility Type. A. PWSF Siting. A PWSF may be permitted within any district by Special Permit, subject to the purposes and standards established in this bylaw. The following list of allowable PWSF Locations is presented in order of preference. 1. First Preference: A site located entirely within an Interstate Highway right-of- way. 2. Second Preference: A site located entirely within an Industrial zoning district. 3. Third Preference: A site located entirely within a Business (Bus A and Bus C) zoning district. 4. Fourth Preference: A site located within the Residential S-15, S-20, S-40, A- 40, A-80 or within the Business B zoning districts. B. PWSF Installation Types: The following list of PWSF Installation Types is presented in order of preference. 1. First Preference: The following PWSF Installation Types are of equal preference to one another: a. PWSF Collocation. A new PWSF may Collocate on any existing PWSF to the extent that such Collocation is found by.the CPDC to be consistent with the purposes and standards established in this bylaw. b. PWSF on Existing Electrical Utility Infrastructure. A PWSF may Collocate on existing electrical utility infrastructure such as utility poles or streetlights using unobtrusive architectures such as Distributed Antenna Systems (DAS). With respect to the use of utility poles, Collocation on existing electrical utility poles (and replacements thereof) is preferred above the installation of new electrical utility poles in public/private ways. In neighborhoods with underground electrical utilities, pole-mounted PWSF on existing electrical utility infrastructure are discouraged in favor of less visually obtrusive alternatives, such as placing a small antenna installation on existing electrical utility poles on a nearby street. c. Other Implementations. A PWSF may be located using innovative alternatives that are in keeping with the purpose and intent of this Bylaw and that may become available after the adoption of this Bylaw. 2. Second Preference: PWSF Site Sharing. A new PWSF may share the same • parcel with existing PWSFs, to the extent that such site-sharing is found by the CPDC to be consistent with the purposes and standards established in this bylaw. 3. Third Preference: A new PWSF installation on any existing structure, to the extent that such installation is found by the CPDC to be consistent with the purposes and standards established in this bylaw. • 4. Fourth Preference: PWSF involving a new antenna tower. PWSFs which require the construction of a new antenna tower are least on the order of preference. 5. Waiver of Preferences. The CPDC may waive the preference orders designated for siting and types of PWSF pursuant to Section 5.6.3.1.A upon a finding that the siting at a location of lesser preference, or the installation of a PWSF type of lesser preference, would achieve a result more consistent with the purposes and standards established in this bylaw. 5.6.3.2. General Special Permit Requirements. A. Use. PWSFs shall only be employed for the purpose of delivering wireless services to subscriber devices or supporting public safety communications, and shall not be used for storage, office, manufacturing, repair, or other activities unless separately permitted for such other activities. B. Demonstration of need. 1. Need for service. The applicant must demonstrate the service objectives in the Town of Reading that the proposed PWSF will address in whole or in part. Such demonstration shall include: a. Substantial written evidence including technical documentation demonstrating that there is a substantial deficiency in the applicant's provision of service to the Town of Reading which fails to satisfy the service objectives; b. detailed information about all existing and pending PWSFs regardless of ownership, control or the jurisdiction in which they are located, and associated coverage maps; c. information about terrain, vegetation and land use within the proposed coverage area; d. estimates with supporting documentation of the number of mobile and stationary subscribers affected by the claimed substantial deficiency; e. network performance factors; and f. other information relevant to the Applicant's service objectives, or as may be required by the CPDC. 2. Need for location. The applicant must provide substantial written evidence including clear documentation showing how the improved service to the Town of Reading that applicant seeks could not be provided by utilizing one or more alternative locations of higher preference as described in Section 5.6.3.1.A or, alternatively, how the proposed PWSF achieves a better result as described in • Section 5.6.3.4.C. 3. Availability of alternatives. The CPDC, at its discretion, may require the applicant to consider specific potential alternatives at any level of the hierarchy in Section 5.6.3.1.A, if the CPDC determines that such locations may better achieve the purposes established in this bylaw. C. Visual Guidelines. The construction, erection, installation and/or placement of all PWSF shall be reviewed by the CPDC within the public hearing process based on the following visual guidelines: 1. Concealment. To the maximum extent practicable, PWSFs shall conceal equipment, cables, and antennas within architectural surfaces that are ordinary and consistent with the context of the PWSF within the Town of Reading environs, such as steeples, concealed-antenna monopoles, flagpoles, smokestacks, faux chimneys and cupolas. 2. Screening, Camouflage and Landscaping. Wherever possible, PWSF shall be sited so as to minimize the visibility of such devices from adjacent property and shall be suitably screened from abutters and residential neighborhoods. Where elements of a PWSF will be visible to residential parcels and public or private ways, PWSFs shall employ screening and/or camouflage methods that are consistent with the context of the surrounding area such as fencing, vegetation, and paint color or patterns to match underlying surfaces in order to mitigate any undesirable visual bulk and distraction. Installation of free-standing PWSF shall minimize the removal of trees and other existing vegetation. 3. Scale. The visual characteristics of a PWSF shall be minimized with respect to being unreasonable in scale, such as a dominant or looming visual experience, disproportion to the site and its surroundings, or undesirable shadowing impacts. 4. Color. Free-standing, wall mounted and roof-mounted devices may be required to be painted or otherwise colored or finished in a manner which aesthetically minimizes the visual bulk of the devices to the surrounding landscape or on the building or structure to which they are attached. 5. Signs. There shall be no advertising permitted on or in the vicinity of PWSF. There shall be a sign not exceeding four square feet in area at each PWSF which shall display a phone number where the responsible party for the maintenance of the PWSF may be reached on a 24 hour basis. 6. Lighting. Outdoor lighting of PWSFs shall be limited to that which is necessary for security and temporary maintenance at the discretion of the CPDC. PWSFs that are required to be marked and lighted for air navigation safety are discouraged. 7. Maintenance. The visual characteristics of a PWSF shall be maintained, repaired and replaced as necessary and as an ongoing condition of compliance to retain the characteristics approved by issuance of a special permit. 8. Prohibitions. The following are specifically prohibited: 0- a. Lattice style antenna towers and facilities requiring three or more legs and/or guy wires for support; and b. Fences utilizing razor wire or barbed wire or similar wire types. D. Height: 1. Height General Regardless of the type of mount, a PWSF shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a PWSF shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height. 2. Height, Ground-Mounted Facilities Ground-mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from average grade level. If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may exist or may be planted on site. 3. Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten (10) feet above the height limit of the zoning district within which the facility is located. 4. Height, Preexistent Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a wireless service facility: Water towers, guyed towers, lattice towers, fire towers and monopoles. E. Setbacks: All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed. 1. In order to ensure public safety, the minimum distance from the base of any ground-mounted wireless service facility to any property line, shall be 1.5 times the height of the facility/mount, including any antennas or other appurtenances. This set back is considered the "fall zone". 2. In the event that a preexistent building or structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non-conforming structures, wireless service facilities and their equipment shelters shall not increase any non-conformity. 3. Additional Required Setbacks. In all districts, PWSFs shall be placed no closer than 3 times the height of the Antenna above grade to an existing school, Child Care Facility, Nursing or Convalescent Home, or an Assisted Living Facility. 5.6.3.3. Application Procedures. A. Preliminary Review. Applicants are strongly encouraged to contact the Town Planner to initiate a dialogue well before final site selection and detailed application development. The Preliminary Review is intended to: 1. Provide the Applicant with the opportunity to discuss and clarify Zoning Bylaw requirements and CPDC Site Plan Review Guidelines and Regulations (adopted by the CPDC pursuant to Section 4.6.1.2) relevant to the Applicant's prospective PWSF proposal; and 2. To review general concepts related to the PWSF and alternative means of implementation to determine the CPDC's preferences. B. Special Permit and Site Plan Approval. No PWSF, whether itself a principal use of a lot or as an accessory use to a communication facility, shall be constructed without a Special Permit having been granted by the CPDC. The CPDC may grant a Special Permit in accordance with the provisions of this Section and Section 4.4. Nothing in this section is intended to exempt PWSF from the requirement to receive Site Plan Approval pursuant to Section 4.6. C. Consultant Review. When considering an application for a PWSF, the CPDC may determine the need for the assistance of a consultant technical expert in matters involving the placement, construction and modification of PWSFs, under the Zoning Bylaw and the Telecommunications Act of 1996, at the Applicant's expense pursuant to G.L. c. 44 s. 53G. To make the most productive use of the limited time authorized by the Federal Communications Commission (FCC) to hear the application, the CPDC may at its discretion engage a consultant immediately upon receipt of an application. 5.6.3.4. Decision. A. Required Findings. To approve a Special Permit for a PWSF, the CPDC must make the following findings: 1. That the Applicant or co-Applicant has: 0 a. demonstrated that it is a Personal Wireless Services provider in the Town of Reading area, and has sufficient ownership or leasehold interest in the proposed site to construct the PWSF; b. provided written assent to the Town that the Applicant will allow Site- Sharing, to the extent reasonably practicable and that is appropriate for the site and surroundings, in a reasonable and nondiscriminatory manner; and c. demonstrated that the construction, operation and maintenance of the proposed PWSF are consistent with applicable environmental regulations including, but not limited to, National Environmental Policy Act (NEPA) criteria. 2. That the proposed PWSF (with conditions, if applicable): a. is part of the orderly development of PWSFs in the Town of Reading, and will result in a substantial improvement in the provision of Personal Wireless Service in the Town of Reading; b. is compatible with the Town of Reading's character and is designed and screened in a manner that is sensitive to the surrounding neighborhood as well as the community at large; protects adjacent properties from unreasonable risks of PWSFs, to the extent permitted by law, including without limitation excessive noise levels, falling objects, fuel spills, and attractive nuisance; c. if the proposed PWSF will Site-Share with an existing PWSF(s), that such Site Sharing is found by the CPDC to be consistent with the purposes established in this bylaw; d. conforms with the PWSF Location and PWSF Installation preferences of Section 5.6.3.1.B to the extent necessary to conform with the purposes established in this bylaw; e. ensures that all radio frequency (RF) emissions shall comply with the FCC requirements codified in 47 CFR § 1.1307 et seq as further interpreted by FCC Office of Engineering and Technology Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Magnetic Fields, or any successor regulation or bulletin, as same may be amended from time to time. f. if proposed as a new antenna tower, the Applicant has documented that no combination of one or more alternative Collocations and/or Site Sharing can substantially satisfy the Applicant's coverage objectives; and present a substantially less detrimental impact on the Town of Reading. g. satisfies the Purposes established by the Zoning Bylaw and, without limitation, the specific requirements and guidelines established in this bylaw; and h. if applicable, that the existing vegetation will be preserved or improved; and i. where applicable, that disturbance of the existing topography has been minimized or that proposed manipulation of vegetation and disturbance of topography results in a lesser visual impact. B. Form of Decision. The CPDC shall act on a Special Permit request for the placement of a PWSF in accordance with G.L. c. 40A, §9 and may approve, approve with conditions, or deny an application. The Decision of the CPDC shall be timely, in writing and based upon substantial evidence in the written record. 1. Approval. Any approved Special Permit shall authorize specific PWS provider(s) and specific wireless service(s) to be operated by the Applicant(s) at the Antenna height(s) or positions specified in the application or approval document. 2. Approval with Conditions. The CPDC may impose conditions of approval as necessary to ensure that the purposes of this bylaw are achieved. For any condition that the CPDC establishes with reporting or monitoring requirements, including without limitation noise or radio frequency emissions, the CPDC shall seek the advice of an expert in the relevant field pursuant to Section 5.6.3.3.0 to identify the least burdensome protocol that is consistent with a legitimate public purpose identified by the CPDC. 3. Denial. Any denial shall be in writing and supported by substantial evidence contained in the record as required by the Telecommunications Act of 1996. 4. Reconsideration pursuant to Telecommunications Act. If the CPDC fails to find in favor of all elements of Section 5.6.3.4.A, the CPDC shall reconsider the proposed PWSF in the context of the Telecommunications Act of 1996. To approve the Special Permit under this section, the CPDC must make the following findings: a. That a significant gap exists in the coverage area of the proposed PWSF, which significant gap is not necessarily equivalent to the lack of the Applicant's stated coverage objectives; b. That there are no viable alternatives involving one or more PWSFs to serve the significant gap; • c. That not granting a Special Permit for the proposed PWSF (including conditions, if any) would effectively prohibit the provision of personal wireless services; C. Waivers. The CPDC may at its discretion authorize waivers in the Special Permit Approval with respect to the orders of preference in Section 5.6.3.1A and 5.6.3.1.B, and any dimensional or other requirements of Section 6.6.3.2.D and 5.6.3.2.E upon a finding that such waiver will achieve better results consistent with the purposes and standards • established in this Section 5.6.3. 70( • 5.6.3.5. Removal of abandoned antenna towers and PWSFs. Any PWSF antenna tower, PWSF Communications Device, or PWSF that is not commercially operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna tower, PWSF Communications Device, or PWSF shall remove same within ninety (90) days of receipt of notice from the Town notifying the owner of such abandonment. If such tower or facility is not removed within said ninety (90) days, the Town may cause such tower or facility to be removed at the owner's expense. If there are two or more users of a single tower, the height may be reduced to that required by the remaining user(s). If the permit holder for the tower ceases operation, the remaining users may be required to apply for a new Special Permit. or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 9 To see if the Town will vote to amend the Zoning Bylaws by: (1) Inserting, in appropriate alphabetical order, the following definitions into Section 2.0: Aquifer Protection Overlay District: The zoning district delineated and established by Section 10.3 of the Zoning Bylaw. Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation of surface water runoff to penetrate into the soil. Landfill: Any place where disposal of Solid Waste into or onto the land has been authorized by a permit. Open Dump: Any place operated or maintained in violation of any applicable federal or state laws, regulations or criteria for Solid Waste disposal. Underground Storage Tanks: Any storage tank or container with all or any portion of the contents located beneath the surface of the ground. (2) Deleting the definition of Earth Removal contained in Section 2.0 in its entirety and inserting, in place thereof, the following: Earth Removal: The removal of sand, loam, sod or gravel on a lot, unrelated to landscaping or authorized construction thereon, to another lot or location. (3) Inserting, at the end of Section 3.4.1, the words "or to the Aquifer Protection Overlay District boundary lines established by Section 10.3 of the Zoning Bylaw." (4) Deleting from Section 3.2 "'Aquifer Protection Overlay District Map, Town of Reading' dated September, 1985 consisting of 1 panel", and inserting, in place thereof, the following: "Figure 2 Town of Reading, Massachusetts Zone II and Zone III Areas" prepared by Weston & Sampson Engineers, Inc. resulting from a study for the Town of Reading (1r I entitled "100 Acre Wellfield Zone II Study" dated July 1996, which shows certain aquifer protection areas consisting of aquifers or recharge areas. (5) Deleting Section 10.3 in its entirety and inserting, in place thereof, the following (Bold represents language to be inserted and crossed-out language is to be deleted): 10.3 Aquifer Protection District 10.3.1 Establishment and Delineation of Aquifer Protection Overlay District The Aquifer Protection Overlay District is delineated and established on a map entitled "Figure 2 Town of Reading, Massachusetts Zone II and Zone III Areas" prepared by Weston & Sampson Engineers, Inc. resulting from a study for the Town of Reading Entitled 100 Acre Wellfield Zone II Study dated July 1996 which shows certain aquifer protection areas consisting of aquifers or recharge areas. Such map is hereby made a part of the Town of Reading Zoning Bylaw and is on file in the office of the Town Clerk and the Building Inspector's Office. Aquifer Protection District is an overlay district superimposed on the underlying zoning districts which shall apply to any portion of all new construction, reconstruction, or expansion of existing i944elings structures and new or expanded uses - -• - , - - -- - , that falls within such Aquifer Protection District. Uses prohibited in the underlying zoning districts shall not be permitted in the Aquifer Protection District. 10.3.24 Purpose of District The purposes of this the Aquifer Protection Overlay District are is-te: 10.3.1 A. To promote the health, safety, and general welfare of the community by ensuring adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Reading; 10.3.2 B. To preserve and protect existing and potential sources of drinking water supplies; 10.3.3 C. To conserve the natural resources of the Town of Reading; and 10.3.'1 D. To prevent temporary and permanent contamination of the environment. (MOVED INTO SECTION 10.3.1 ABOVE]• - - - -- - - - - e••-• -- - •- - - - - - - - - - .- 10.3.3 Definitions __ _ __ -• -. - . . - - - . [ALREADY IN SECTION 2.0 DEFINITIONS] Aquifer Protection District: The zoning district delineated and established by Section• 10.3 of the Zoning Bylaw. -- •- - - - - - - -- :".-c - - - 3L of Reading. The aquifer protection district-may-include specifieally-designated recharge areas-fTO BE MOVED TO SECTION 2.0 DEFINITIONS] Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation of surface water runoff to penetrate directly into the soil. Impervious surfaces shall include all-roofs, decks, driveways, parking areas roadways_and-walkways--regardless of the proposed-surface material. Excluded from this definition are decks that are constructed with open-joints-between the floorboards, and-where-the surface-underneath-the-desk-is-not-impervious; jTO BE MOVED TO SECTION 2.0 DEFINITIONS) Mining-The removal-or relocation-of--geologic--materials such as topsoil, sand -gravel; metallic—ores, or bedrock. [TO BE COMPLETELY DELETED FROM ZONING BYLAW] Potential-Drinking-Water Sources- Areas-which-could--provide-signifioant-potable-water in the future. [TO BE COMPLETELY DELETED FROM ZONING BYLAW] Recharge Ar as: Areas-that collect precipitation or surface water and carry it to aquifers. Recharge areas-may-include areas designated-as-Zone II and Zone Ill-[TO BE COMPLETELY DELETED FROM ZONING BYLAW] Toxic-or--H-azardous-Material: Any substance-or mixture of-physical, chemieal- or infectious characteristics posing a significant, actual-er-potential-hazard-to water supplies-or-ether-hazards to human health if such substance or mixture were discharged-to-land or water in the Town of Reading. Toxic or-hazardous 4 materials include--without—limitation; synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious--wastes acids and-alkalis, and all substances s Toxic or Hazardous-under-Massachusetts General Law• Chapter (c.) 21C and 21E an: - ! - - - - . ude-such-products as solvents and thinners in quantities greater-than-normal-household use. 4 ]ALREADY IN 2.0 DEFINITIONS (UNDER HAZARDOUS MATERIAL)1 40.3.4 Establishment and Delineation of Aquifer Protection District—[MOVE TO SECTION 10.3.11 The-Aquifer Protection-Delineated and established p entitled "Figure 2 Town of Reading, Massachusetts Zone II an: :-- -- " : -e- -: : ' - e' Sampson-Engineers, Inc. resulting from a study for the Town of Reading Entitled 100 Acre--lellfield Zone I I Study dated July 19•: • - - - -" ..n aquifer protection ar as consisting-of-aquifers or recharge areas. Such map is hereby made-a-part of the Town-of Reading-Zoning-Bylaw-and-is-en file in the office of the Town Clerk-and-the Building-Inspector's Office. 10.3.5 Boundary-Disputes if--the loautie ary in relation-to--a particular parcel is disputed, resolution-shall be accomplished-by-the-owner(s)-filing a Special-P-ermit application--with the Special Permit Granting-Au ^e • _• _ a , -- '-.:•-: :-•-: ::. : : ' ::-- . Any-application-for a special permit for this purpose shall be accompanied-by-adequate documentation. The burden of proof shall be upon the owner(s) of the land to-show where-the-boundaries-should-be--located. At the request of the owne theT-own may engage a professional engineer, hydrologist, geologist, or soil-scientist e-determine more accurately-the-boundaries of the-districts with respect to individual parcels of land 3l _ -- - .- -- - -- - - - =R 10.3.3 6 Use Regulations In the Aquifer Protection Overlay District, the following regulations shall apply: 10.3.3.6-1. Permitted Uses The following uses are permitted within the Aquifer Protection Overlay District, provided that all necessary permits, orders, or approvals required by local, State or Federal laws are also obtained: 10.3.6.1.1 A. Conservation of soil, water, plants and wildlife; 10.3.6.1.2 B. Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted; 10.3.6.1.3 C. Foot, bicycle and/or horse paths and bridges; 10.3.6.1.1 D. Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices; 10.3.6.1.5 . E. Maintenance, repair, and enlargement of any existing structure, except as prohibited by subject--te-Section 10.3.3.210.36.2 of the Zoning Bylaw; 10.3.6.1.6 F. Residential development, except as prohibited by subject-4e Section 10.3.2 of the Zoning Bylaw 10.3.6.2; 10.3.6.1.7 G. Farming, gardening, nursery, conservation, forestry, harvesting and grazing, except as restricted by subject to Section 10.3.2. 10.3.6.2; 10.3.6.1.8 H. Construction, maintenance, repair, and enlargement of g - _ _. - . -_ . . - -- - -- - •• e, wells, pipelines, aqueducts and tunnels and other facilities related to drinking water supply; 10.3.6.1.9 I. Land uses that alter a lot such that the total amount of Impervious Surface on the lot within the district would not exceed - - •- -- - - -- --- .e. - • . - _ 15% or 2,500 square feet or 15% of any that portion of the lot located within the District, whichever is greater, unless a system of artificial recharge of precipitation is designed with the applicable design standards established by the Massachusetts Department of Environmental Protection Stormwater Regulations and approved by the Town Engineer is provided; 10.3.6.1.10 £ --- . - - _ --.e. - _ - e- e e _-_ that will not result in the degradation of groundwater quality. Recharge-plans shall sen y with the DEP Stormwatcr Guidelines and shall be J. Underground storage tanks containing liquid propane products for normal household use, that are installed and used in accordance with all applicable local, state and federal laws and regulations; K. Storage of liquid hazardous materials or liquid petroleum products, if such storage is either: (1) In a container or tank within a building and situated upon or above an impervious surface with all sides accessible and visible; or (2) Outdoors in covered a container or above-ground tank in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all such containers or tanks, or 110% of the storage capacity of the largest of such containers or tanks, whichever is greater; provided, however, that these storage requirements shall not apply to the replacement of existing containers or tanks or systems for the keeping, dispensing or storing of gasoline if the replacement is performed in a manner consistent with state and local requirements . 10.3.36.2 Prohibited Uses The following uses are prohibited: 10.3.6.2.1 A. Landfills and open dumps. as defined in 310 CMR 19.006; 10.3.6.2.2 B. Automobile graveyards and junkyards., .- e• -•- '- --•- • 10.3.6.2.3 C. Landfills receiving only wastewater residuals and/or septage residuals including those approved by the Department of Environmental Protection pursuant to Sections Massachusetts General Law c. 21, Section 26 through 53 of Chapter 21, ; Massachusetts General Law C. 111, Section 17 of Chapter 111; or Section ; - - - -- ---- - Section 6 and 7 of Chapter 83 of the Massachusetts General Laws, and regulations promulgated thereunder; .6.2. 1 D. Facilities that generate, treat, store, or dispose of hazardous waste that are subject to Chapter .- --• - - - - -- - - -. 21C of the Massachusetts General Laws and 310 CMR 30.00, except for the €ollowing: 10.3.6.2. 1.1 1. Very small quantity generators as defined under 310 CMR 30.000; 2. Household hazardous waste centers and events under 310 CMR 30.390; 33 10.3.6.2.4.3 3. Waste oil retention facilities required by Massachusetts General Law c. 21, Section 52A of Chapter 21 of the Massachusetts General Laws, and; 10.3.6.2.4.4 4. Water remediation treatment works approved by MassDEP for the treatment of contaminated ground-er-s+ rface waters: 10.3.6.2.4.5 E. Petroleum, fuel oils, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983; 10.3.6.2.4.6 F. Storage of liquid hazardous Toxic or Hazardous-Materials materials or as defined in Section 10.3.3 and liquid petroleum products-with-the exception of-4ict id propane products for normal-household-use, allowed and—used—in—accordance—with all local, state and federal laws and regulations-unless such storage is permitted by Section 10.3.3.1(K). a-above-ground-level and b on-an-impervious surface; and c either i in-container(s) or above-ground-container(s)-within a building ii-outdoors-in covered container(s) or above ground tank(s) in an area that has a containment system designed-to-hold either; 10% of the total--possible storage capacity of all-containers, or 110% of the largest container's storage c paoity-whichever is greater; X13.3.6.2.4 7 G. Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31; H. Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate; 10.3.6.2.1.9 I. Storage of animal manure unless covered-or contained in-accordance with the specifications of the Natural Resource Conservation Service; within a structure designed to prevent the generation and escape of contaminated runoff or leachate. J. Storage of commercial fertilizers, as defined in Massachusetts General Law Chapter--287Section-64; unless such storage is within a structure designated designed to prevent the generation and escape of contaminated runoff or leachate; K. Stockpiling and disposal of snow and ice containing deicing chemicals if-brought in from outside the district; 4-0-3-6-2-440 L. Earth removal, except for excavations for building foundations, roads utility works or wetlands restoration work conducted in accordance with a valid Order of Conditions Issued pursuant to Section 40 of Chapter 131 of the Massachusetts General Laws; consisting of the removal of soil, loam, sand, gravel-or any other--earth material (including-mining activities) to wit4a+ I-44gl groundwater as determined-from-monitoring-wells and historical water table fluctuation-data-compiled-by the United-States Geological Survey, excep _ - _. . _ ._ilding foundations--roads, or utility-works; 10.3.6.2.'1.11 M. Treatment or disposal works subject to 314 CMR 5.00, for non- sanitary wastewater, including those activities listed under 310 CMR 15.004(6), except for: discharge-to-the--ground of-non-sanitary-waste water including-industrial-and commercial---procers waste water, except: a the replacement or repair of an existing treatment-works-that will not result in a design-capacity greater-than the design ex pacity-ef-the existing-reatment-works; b1. Treatment works approved by MassDEPthe—Department€ Environmental-P-rotection designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13); and c 2. Publicly owned treatment works. n ^ stockpiling-and-disposal-of snow and-ice_containing-deicing-chemicals if brought in from outside-the-district; [MOVED TO K ABOVE] 1-0.3.6.2.443 storage-of-commercial r fer.i'�,zzers a°s efinied--in-Massachusetts General Law Chapte . •e =•, - crs such--storage is within a structure designated to-prevent-the-generation and escape-of-contaminated runoff or leachate;[MOVED TO J ABOVE] 10.3.6.2.'1.14 N. Underground storage tanks containing Toxic-and Hazardous Materials as-defined in Section 10,3-3 except as permitted by Section 10.3.3.1.J or Section 10.3.3.1.K. related-to-activities in Section 10.3.6.1 except for liquid-propane-products-for-normal-household-use installed-and used-in-accordance-with all lo©al, state and-federal-laws and regulations- 10.3.7 Nonconforming-Uses-and-Structures Non-conforming-uses-and structures-which-were lawfully existing,-begun or in receipt of a--building-or special-permit, prior-to-the first publication of-notice-of-public-hearing-for-this bylaw may be continued. If such-non-conforming-uses-and--structures are changed, extended-or-altered, as specified in-Massachusetts General Law c. 40A, Section6--and Section 7.0 of theme- - - . -- - - - -•. - , - - _ . _ - -. comply-with this bylaw---only-if the change—extension, or alteration increases the impervious-footprint, 10.3.48 Administration Rules and Regulations Section 10.3 of the Zoning Bylaw This-bylaw shall be administered by the Community Planning and Development Commission, which shall also have the authority to adopt rules and regulations to implement its provisions governing-the-design-of infiltration systems-required-herein; 4-078,9-liolatian-Notice 3� • •end prey- - . - .. . . - -. -• -. - - - - - - - - • - - - •- - echedule of co- ., - - --- - - - - - - - - - =- e•-* of Public-WAFe , - - a - - .9-.. ----.• -- -: - -- - - •.ent, clean up, or other or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 10 To see if the Town will vote to amend the Zoning Bylaw to provide for associate members on the Community Planning and Development Commission and Zoning Board of Appeals by: 1 (a) Adding a new Section 4.3.3 as follows: 4.3.3 The CPDC may have one (1) Associate Member appointed by the Board of Selectmen for a two (2) year term. Except as otherwise provided by law, if any regular member is absent from a meeting, disqualified from acting, or otherwise unable to deliberate, the chair of the CPDC may designate an Associate Member to deliberate and vote on any matter before the CPDC. An Associate Member so designated shall be entitled to continue to participate in the matter as necessary and to remain qualified to vote thereon. (b) Adding a new Section 4.5.3 as follows: 4.5.3 The Zoning Board of Appeals shall have two (2) Associate Members appointed by the Board of Selectmen for three (3) year terms. If any regular member is absent from a meeting, disqualified from acting, or otherwise unable to deliberate on a particular 1 matter that comes before the Zoning Board of Appeals, the chair of the Zoning Board of Appeals may designate one or more Associate Members to deliberate and vote on any matter before the Zoning Board of Appeals. If more than one Associate Member is available to fill a temporary vacancy, the chair shall designate the Associate Member having the greatest tenure on the Zoning Board of Appeals; provided, however, that any Associate Member so designated shall be entitled to continue to participate in the matter as necessary and to remain qualified to vote thereon. or take any other action with respect thereto. Community Planning and Development Commission Q ARTICLE 11 To see if the Town will vote to amend Section 3.3.1.4 Removal for Absence as follows (Bold represents language to be inserted and crossed-out language is to be deleted): .3.3.1.4 Removal for Absence If any member of any board, committee or commission is absent from three (3) or more successive meetings of the board, committee or commission, the other members of said board, committee or commission may by an affirmative vote of its majority request the appointing authority to remove such absenting member from his membership, and the in accordance with the provisions of Section 8.12 of the Reading Home Rule Charter. or take any other action with respect thereto. Board of Selectmen ARTICLE 12 To see if the Town will vote to amend the General Bylaws by deleting Section 3.3.1.3 Residency Required thereof in its entirety and renumbering subsequent sections; or take any other action with respect thereto. Board of Selectmen ARTICLE 13 To see if the Town will vote to amend the General Bylaws by deleting • Section 8.8 Animal Control in its entirely and replacing it with a new Section 8.8 Animal Control, as follows 8.8 • Animal Control Pursuant to the authority set forth in MGL Chapter 140 Sections 136A-174E, inclusive, and any other relevant statutes and regulations issued pursuant thereto, the following requirements are adopted for the regulation of dogs in the Town of Reading. 8.8.1 Definitions The definitions of words and terms set forth in MGL. Chapter 140 Section 136A are incorporated into Section 8.8 and shall be applicable to the interpretation thereof. In addition, unless the context clearly indicates otherwise, the following words and terms, as used in Section 8.8, shall have the following meanings: 8.8.1.1 Animal Control Appeals Committee (ACAC) The "Hearing Authority," as that term is defined in MGL Chapter 140 Section 136A, charged with the responsibility of handling dog complaints for the Town of Reading, pursuant to MGL Chapter 140 Section 157. 8.8.1.2 Animal Control Officer (ACO) A person appointed by the Town Manager who is authorized to enforce this Bylaw and MGL Chapter 140 Sections 136A-174E. 8.8.1.3 Effective Voice Control An animal shall be deemed to be "under effective voice control" if it is within the owner's or keeper's sight, the owner or keeper is carrying a leash, and the animal refrains from illegal activities. 8.8.1.4 Running at Large A dog is running at large if it is not on the private property of its owner or keeper, or on private property with the express permission of that property's owner, or on a leash, or under effective voice control. 8.8.2 Licensing and Fees 8.8.2.1 License and Vaccination Requirements In accordance with MGL Chapter 140 Section 137, the owner or keeper of a dogs six months of age or older, while residing in the Town of Reading, shall obtain a license for the dog from the Town Clerk, which shall be affixed to the dog's collar. To obtain or renew a license, each dog owner or keeper shall annually present proof of a current rabies vaccination or a certification of exemption from the vaccination requirement, pursuant to MGL Chapter 140 Sections 137(b) and 145B. 8.8.2.1.1 New Dogs and Puppies Within thirty (30) days of either (a) acquiring a dog six (6) months of age or older or (b) a puppy's six-month birthday, each dog owner or keeper in Reading shall present proof of that dog's current rabies vaccination and obtain a license and dog tag from the Town Clerk. 8.8.2.1.2 Lost Tags and Replacement Tags Dog owners and keepers shall replace a lost tag within three (3) business days of the loss, by obtaining a replacement tag from the Town Clerk. 8.8.2.1.3 Tag Exemptions for Dog Events While actually participating in an official dog sporting or dog fancy event, a dog may, if the event sponsors do not allow participants to wear tags, be exempt from the requirement of section 8.8.2.1 that its license tag be affixed to its collar; provided, however, that the dog owner or keeper shall have the tag at the event and available for inspection by the ACO. • 8.8.2.1.4 Tag Exemptions for Medical Reasons During any period when a veterinarian has determined that a dog cannot wear a collar for medical reasons, the dog shall be exempt from the requirement of section 8.8.2.1 that its license tag be affixed to its 3� collar; provided, however, that its owner or keeper shall have the tag in his or her possession and available for inspection by the ACO. 8.8.2.1.5 Annual Renewal Dog owners and keepers shall renew each dog license annually. The annual licensing period runs from January 1 through December 31. 8.8.2.1.6 License due Date and Late Fee Application forms for obtaining, renewing or transferring a license shall be made available annually no later than December 31 each year. Dog owners and keepers shall return forms and fees to the Clerk by March 31 or, if such date is not a business day, by the first business day thereafter. Any license renewed after this date shall be deemed overdue, and the owner or keeper shall be required to pay a late fee as determined by the Town Meeting in addition to the license renewal fee. The license fee and the late fee may be secured through the imposition of a municipal charges lien on any property standing in the name of the dog owner or keeper, pursuant to MGL Chapter 40 Section 58. 8.8.2.1.7 License Fees Fees for licensing each dog shall be determined by the Town Meeting; provided, however, that the fee for neutered or spayed dogs shall be less than the fee for non-neutered or non-spayed dogs. No dog license fee shall be charged for any service dog as defined by the Americans with Disabilities Act or regulations issued thereunder; or for a license for a dog owned by a person 70 years of age or older. 8.8.2.2 Kennel Licenses No person may own or board four or more dogs within the Town of Reading without first obtaining a Kennel License from the Town Clerk, in accordance with MGL Chaper 140 Section 137A; provided, however, that this requirement shall not apply to medical boarding by any licensed veterinarian practicing in the Town of Reading. To obtain or renew such kennel license, the owner or keeper of the dogs shall: (a) present proof of current rabies vaccinations for each dog older than six months in the kennel or a certification of exemption from the vaccination requirement, pursuant to MGL Chapter 140 Sections 137(b) and 145B; (b) pass an inspection by the Animal Control Officer pursuant to MGL Chapter 140 Sections 137A and 137C; 8.8.2.2.1 New Dogs and New Puppies A kennel licensee who is also the owner or keeper of dogs shall report to the Town Clerk each new dog in the kennel within thirty (30) days of its acquisition; shall show proof of current vaccination; and shall obtain a kennel tag for that dog. The kennel licensee shall show proof of current vaccination and obtain a tag for each puppy when it reaches six months old. 8.8.2.2.2 Periodic Inspections The Town may perform an inspection of any kennel at any time pursuant to MGL Chapter 140 Section 137C. 3� 8.8.2.2.3 Annual Renewal Each kennel licensee shall renew the kennel license annually. The annual licensing period runs from January 1 to December 31. 8.8.2.2.4 License Due Date Application forms for obtaining, renewing or transferring a kennel license shall be made available annually no later than December 1 each year. Kennel licensees shall return forms and fees to the Town Clerk by January 15 or, if such date is not a business. day, by the first business day thereafter. Any kennel license renewed after this date shall be deemed overdue, and the owner or keeper shall be required to pay a late fee as determined by the Town Meeting in addition to the license fee. The overdue license fee and the late fee may be secured through the imposition of a municipal charges lien on any property standing in the name of the kennel licensee, pursuant to MGL Chapter 40 Section 58. 8.8.2.2.5 Fees The fees for licensing each kennel shall be established by the Board of Selectmen. 8.8.2.2.6 Penalties Any person maintaining a kennel after the kennel license therefor has been denied, revoked or suspended shall be subject to the penalties set forth in Section 8.8.6. 8.8.3 Conduct of Dogs 8.8.3.1 Nuisance and Dangerous Behavior No dog owner or keeper shall permit the dog to become or remain a nuisance dog or a dangerous dog, as those terms are defined and used in MGL. Chapter 140 Sections 136A and 157. 8.8.3.2 Leash Law When not on the private property of its owner or keeper, or on private property with the express permission of that property's owner, a dog shall be on a leash; provided, however, that it may be under effective voice control when within the Town Forest or on conservation lands. 8.8.3.2.1 Public Gatherings - Leash Control Only Except as otherwise specified in Section 8.8, a dog may be at any public gathering only if it is on a six-foot or shorter leash and refrains from illegal activities. 8.8.3.2.2 School Grounds Unless the School Principal gives permission in advance, no dog may be on school grounds from thirty (30) minutes before classes begin until thirty (30) minutes after classes end. At all other times, the dog may be on school grounds only if it is on a six-foot or shorter leash or remains within a vehicle. 8.8.3.2.3 Exception for Assistance Animals (service animals) The provisions of this Section 8.8.3.2 shall not apply to any properly trained assistance animal or service animal while performing its duties. 8.8.3.3 Dog Litter Every dog owner or keeper shall be responsible for expeditiously removing any feces that the dog deposits anywhere except on its owner's or keeper's private property, or on other private 'property with the property owner's permission 8.8.4 Animal Control Officer 8.8.4.1 Appointment The.Town Manager shall appoint an ACO pursuant to MGL Chapter 140 Sections 151 and 151A to carry out the provisions of Section 8.8 and to perform such other duties and responsibilities as the Town Manager or its designee may determine. 8.8.4.2 Duties The ACO's duties shall include,the enforcement of the provisions of Section 8.8 and of MGL Chapter 140 Sections 136A-174E and any relevant state or local regulations. 8.8.4.3 Issuance of Temporary Restraint Orders The ACO may issue a Temporary Restraint Order to the owner or keeper of any dog that is alleged to be a nuisance dog or a dangerous dog and is awaiting a decision under Section 8.8.5.2. A Temporary Restraint Order shall be in force for no more than thirty (30) days unless the ACO renews it in writing for subsequent thirty (30) day periods. The ACO may rescind or stop renewing the order when, in the ACO's judgment, restraint is no longer required. The ACO's order shall expire upon receipt of a decision from the ACAC on the nuisance dog or dangerous dog hearing. 8.8.4.4 Issuance of a Temporary Confinement Order The ACO may make arrangements for the temporary housing of any dog that requires such temporary housing, and may issue an Order of Temporary Confinement authorizing such temporary housing. The housing may be at local veterinary clinics, or at dog kennels within the Town or neighboring towns, and shall be at the dog owner's or keeper's expense. 8.8.4.5 Complaint Investigation The ACO shall investigate all written complaints arising within the Town pertaining to violations of Section 8.8 or MGL Chapter 140 Sections 136A- 174E and report its findings to the ACAC. 8.8.4.6 Recordkeeping The ACO shall keep accurate, detailed records of the confinement and disposition of all dogs held in custody, all bite cases reported, and the results of investigations. The ACO shall maintain a telephone log of all calls received regarding dogs and submit a monthly report summarizing the log to the ACAC. 8.8.5 Animal Control Appeals Committee 8.8.5.1 Composition of the ACAC The Animal Control Appeals Committee shall be composed of three Reading residents, none of whom shall otherwise be employees of the Town, appointed to three-year overlapping terms by the Board of Selectmen. The ACAC shall annually select a member to serve as the Chair. At least one of the three members must be a dog owner. 8.8.5.2 Nuisance or Dangerous Dog Hearings Any person may file a complaint in writing to the ACAC that a'dog owned or kept in the Town is a nuisance dog or a dangerous dog. All such complaints shall be investigated and addressed in accordance with MGL Chapter 140 Section 157. 8.8.6 Penalties 8.8.6.1 Fines Any dog owner or keeper who maintains a kennel after the kennel license has been denied, revoked or suspended, or who fails to obtain a kennel license; and any dog owner or keeper who fails to comply with Section 8.8.3 shall be subject to penalties as determined by the ACAC, not exceeding Three Hundred ($300) Dollars per day for every day of the violation. 8.8.6.2 Reimbursement of Costs If the ACO confines a dog and the dog owner or keeper does not pay all fees directly to the kennel or veterinary clinic, then the dog's owner or keeper shall be required to reimburse the Town for any expenses incurred in boarding that dog. If the dog has not been licensed, the owner or keeper shall obtain a license and pay any applicable late fee before the dog can be released. 8.8.6.3 Penalties for Violating Temporary Restraint Orders The ACAC shall determine a schedule of penalties not exceeding. Three Hundred ($300) Dollars per day for each and every violation of Temporary Restraint Orders. 8.8.6.4 Penalties for Non-Compliance with and Order of the ACAC An owner or keeper of a dog who fails to comply with an order of the ACAC shall be punished in accordance with MGL Chapter 140 Section 157A. 8.8.6.5 Enforcement In addition to any other means of enforcement, the provisions of Section 8.8 and the regulations adopted pursuant thereto may also be enforced by non- criminal disposition in accordance with the provisions of Section 1.8, and MGL Chapter 40 Section 21D. The penalty for such violation shall be $300 for each offense. Each day or part thereof shall constitute a separate offense. or take any other action with respect thereto. • Board of Selectmen ARTICLE 14 To see if the Town will vote, pursuant to Section 5.2 of the General Bylaws, to approve and authorize the Board of Selectmen to settle litigation arising out of the Sutton Brook Disposal Area Superfund Site, involving payment of a sum of more than fifty thousand dollars ($50,000.00), and to raise and appropriate, borrow, transfer from available funds, or otherwise provide a sum of one hundred twenty five thousand dollars ($125,000.00) for the purpose of such settlement; or take any other action with respect thereto. Board of Selectmen ARTICLE 15 To see if the Town will vote to appropriate, by borrowing a sum of one million two hundred thousand dollars ($1,200,000.00), to transfer from the Sale of Real Estate Fund seven hundred thousand dollars ($700,000.00), and to transfer from the Cemetery Sale of Lots Fund one hundred thousand dollars ($100,000.00) for a total of two million dollars ($2 million) for the purpose of constructing a Cemetery garage and related facilities, including site preparation, construction, architectural, engineering and construction services, inspection and costs of financing, and for the purpose of equipping and furnishing said facilities and other costs incidental thereto; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article; or to take any other action with respect thereto. Board of Cemetery Trustees ARTICLE 16 To see if the Town will vote to amend the General Bylaws by deleting Section 8.9.1 in its entirety and inserting, in place thereof, the following: 8.9.1 Firearms 8.9.1.1. Definitions As used in Section 8.9.1, the following terms shall have the following definitions: • "Firearm" shall mean a pistol, revolver, rifle, shotgun or other weapon of any description, from which a bullet or shot can be discharged using a propellant powder. 8.9.1.2. Discharges Prohibited Except as provided in Section 8.9.1.3, no person shall fire or discharge any Firearm of any kind: • On, over or onto of any street, highway, park or other public property; or • Within 1,000 feet from a dwelling or other building in use, or 300 feet from a public way; or • On, over or onto any private property except by the owner or legal occupant thereof, or a person carrying the written consent of such owner, which shall be valid for no more than one year from its issuance, and which shall be available for review upon the request of any law enforcement officer. 8.9.1.3. Authorized Discharges The prohibition set forth in Section 8.9.1.2 shall not apply to • The use of such weapons in the lawful defense of any person, family or property; or • Any law enforcement officer or member of the armed forces acting within the scope of lawfully authorized duties; or • The use of such weapons on any lawfully permitted target, trap or skeet range. or take any other action with respect thereto. Board of Selectmen I I 4 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 November 9, 2015, 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_th day of , 2015. Daniel Ensminger, Chairman John R. Halsey, Vice Chairman Kevin Sexton, Secretary John Arena Barry Berman SELECTMEN OF READING , Constable