HomeMy WebLinkAbout2015-11-12 Subsequent Town Meeting MinutesSUBSEQUENT TOWN MEETING
Reading Memorial High School
Preforming Arts Center
November 12, 2015
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:37 PM, there being a quorum
present. The Pledge of Allegiance to the Flag was said by all in attendance.
Motion made by Dan Ensminger, Board of Selectmen to dispense of the reading of the warrant including
all motions in their entirety.
Motion Carried
ARTICLE 9: Motion made by Jeff Hansen, Committee Planning and Development 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 or 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 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
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Reading Memorial High School
Preforming Arts Center
November 12, 2015
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 a4 —new construction,
reconstruction, or expansion of existing cgs 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.
10.3.2+ Purpose of District
The purposes of th4s, the Aquifer Protection Overlay District are
33� 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;
i9-3.2 B To preserve and protect existing and potential sources of drinking water supplies;
40:3. 3 C To conserve the natural resources of the Town of Reading; and
10.E -4 D To prevent temporary and permanent contamination of the environment.
io .3.2 Seepe of 6-4" (MOVED INTO SECTION 10.3.1 ABOVE]
bHildiRgs and new eF expanded Hses which fall, WhE)Ily eF paFtial!Y, within sHeh A'qui'fe�'
the Al, 'fn nrr�teet' Di � t
iii a �.. /-z ,
D
J�eTMCTe'ns
[ALREADY IN SECTION 2.0 DEFINITIONS]
Aquifer Protection District: The zoning district delineated and established by Section
10.3 of the Zoning Bylaw
TO BE
MOVED TO SECTION 2.0 DEFINITIONSI
Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation
or surface water runoff to penetrate directly into the soil. ImpeFVie 5 SHFfaees shall iRdHde
fTO BE MOVED TO SECTION 2.0 DEFINITIONS
" . [TO BE COMPLETELY DELETED FROM ZONING BYLAW]
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Reading Memorial High School
Preforming Arts Center
November 12, 2015
. [TO
BE COMPLETELY DELETED FROM ZONING BYLAW]
may- +Re+Hdeareas desigFqated as Zze,R1I- Rd ZeRe !H. [TO BE COMPLETELY DELETED
FROM ZONING BYLAW]
r EheRgmeal,
r r
health -T'f - eve% � �3Ree— e�=- irxt crFe defe— dli seh?Fg ec F e land eF bcf cr- Trr the T -v vrrvF r
r ;
r petFeleum pFeduets, r Faddeaetive eF ii9feetieHs wastes,
alkalms,
and thiRigeFs —ig gHaRtities— gfeateF than ReFffia;– heHseheld- -rise. (ALREADY IN 2.0
DEFINITIONS (UNDER HAZARDOUS MATERIAL)1
_ PFeteetmen rMOVE TO SECTION
.. AeFe
1996 whieh shews -
10.3.3 6 Use Regulations
In the Aquifer Protection Overlay District, the following regulations shall apply:
10.3.3.61 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:
A Conservation of soil, water, plants and wildlife;
B Outdoor recreation, nature study, boating, fishing, and hunting where otherwise
legally permitted;
1 ^3 C Foot, bicycle and /or horse paths and bridges;
31
._
AN
10.3.3 6 Use Regulations
In the Aquifer Protection Overlay District, the following regulations shall apply:
10.3.3.61 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:
A Conservation of soil, water, plants and wildlife;
B Outdoor recreation, nature study, boating, fishing, and hunting where otherwise
legally permitted;
1 ^3 C Foot, bicycle and /or horse paths and bridges;
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SUBSEQUENT TOWN MEETING
Reading Memorial High School November 12, 2015
Preforming Arts Center
9.3.6.1.4 D Normal operation and maintenance of existing water bodies and dams, splash
boards, and other water control, supply and conservation devices;
1 ^� E Maintenance, repair, and enlargement of any existing structure, except as
prohibited by sHbjeet te Section 10.3.3.210.36.2 f the Zoning Bylaw;
10.3.6.1.6 F Residential development, except as prohibited by s tye Section 10.3.2 of
the Zoning Bylaw ^
' �i;
10.3.6.1.7 G Farming, gardening, nursery, conservation, forestry, harvesting and grazing, except
�
tin c n.
as restricted ,.4 y ___ eet t Section 10.3.2 Wiz,
10.3.6.1.8 H Construction, maintenance, repair, and enlargement of dFiRlEi Rg water S .,P'.. -elated
facilities s?eh as, bHt Ret limited —te, 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
der 2,500 square feet or 15% of af�y 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;
that will not result in the
degradation of groundwater quality. s4" eemply with the DEP Ste-mwateF
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:
A Landfills and open dumps. as `lefined in 319 GH 19.G96;
19.3.6.2.2 9.2 B Automebi-ie graveyards and junkyards., as defined F9 Hassan setts- Generaa Law e140B-,
ear
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Reading Memorial High School
Preforming Arts Center
November 12, 2015
10.3.6.2.3 C Landfills receiving only wastewater residuals and /or septage FesidHals including those
approved by the Department of Environmental Protection pursuant to Sections
P4assaehHsetts- Genera♦ Law e. 21, Seet+en 26 through 53 of Chapter 21, ; PllassaEh s
GeneFal Law e. !I!, Section 17 of Chapter 111; or Section ,
e. 83 S e t+e 6 and 7 of Chapter 83 of the Massachusetts General Laws, and
regulations promulgated thereunder;
' ^�.4 D Facilities that generate, treat, store, or dispose of hazardous waste that are subject to
Chapter "Ilass eh, setts GeReFal Law e. 21C of the Massachusetts General Laws and
310 CMR 30.00, except for the fellewing:
19.3.6.2.44-1 Very small quantity generators as defined under 310 CMR 30.000;
' 0.�i 2 Household hazardous waste centers and events under 310 CMR 30.390;
10.3.6.2.4 3 Waste oil retention facilities required by �IlassaehHsetts GeReFal Law e. 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 gFeHRd eF SUFfaee waters;
!G.3.6.2.445--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;
!G.3 .6.2.4.6--F Storage of liquid hazardous materials or as ,def*Red iF
SeetmeR ' ^ ' 3 and liquid petroleum products,
unless such storage is permitted by Section 10.3.3.1(K).
e eitheF
;;
designed to hold eitheF, 1'0% ef the te'tal possible StE)Fage capacity of all CoRtaa'iReFS, E)
10.3.6.2.4.7- G Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30
and 310 CMR 32.31;
!9.3.6.2.4-8 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;
Storage of animal manure unless eeveFed —e contained R aeEeFdaFlee • ith the
within a structure designed
to prevent the generation and escape of contaminated runoff or leachate.
3 Storage of commercial fertilizers, ,
unless such storage is within a structure deeigRated designed to prevent the generation
and escape of contaminated runoff or leachate;
K Stockpiling and disposal of snow and ice containing deicing chemicals 9-brought in from outside the
district;
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SUBSEQUENT TOWN MEETING
Reading Memorial High School
Preforming Arts Center
November 12, 2015
1 n n 1 n 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; ,
material (inelediigg FRiRiRg aetivities) te within 4 feet ef histerieal high ffeendwateF a s-
,
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:
than the design %u..
,
b1 Treatment works approved by MassDEPthe Department of Env'FenrneRtal PFeteetien 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
e2 Publicly owned treatment works.
1n c n i�
e4sode ter- diStFiet; [MOVED TO K ABOVE]
1 n c n i
;[MOVED TO J ABOVE]
10.3.6.2.4.1-4 N Underground storage tanks containing Texie and Hazardous Materials as defined iwR
Seet+en 10. except as permitted by Section 10.3.3.1.3 or Section 10.3.3.1.K
heLAseheld use installed and Hsed !R aeeeFdaRee with a'' leeal, state and federal laWS and
FegHiat+ens.
10.3.48 Administration Rules and Regulations
Section 10.3 of the Zoning Bylaw This 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
hers;
WERVIN-1, 01,
aim
--
32=2
-
WMM
10.3.48 Administration Rules and Regulations
Section 10.3 of the Zoning Bylaw This 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
hers;
SUBSEQUENT TOWN MEETING
Reading Memorial High School
Preforming Arts Center
November 12, 2015
or take any other action with respect thereto.
Background: Article 9 is an amendment to the Section 10.3 of the Zoning Bylaw, A uifer
Protection District. When the comprehensive update of the zoning bylaw was completed last Fall, the plan
was to revisit certain parts of the bylaw for future changes including Aquifer Protection District. The CPDC
revised the Aquifer Protection District with the assistance of Town Counsel and with input from the
Department of Environmental Protection (DEP), the State office that regulates this requirement.
The Aquifer Protection District needs to be in compliance with the DEP water withdrawal permit program
and drinking water regulations. The amended zoning will simplify, clarify, and make it easier for property
owners in the Aquifer Protection District for several reasons, including:
1. Definitions are now consolidated into Section 2.0 with all of the other Definitions;
2. Artificial recharge systems are no longer required for residential redevelopment that would result in
exceeding the impervious area threshold. For example, an addition to a single family home that
increases the lot coverage and would exceed the impervious area threshold could address drainage
through developing rain gardens, swales, and other easier and typically less expensive
improvements;
3. The DEP has agreed that we can relax the requirements and still meet the State's regulations.
Finance Committee Report: No report
Bylaw Committee Report - given by Stephen Crook: The Bylaw Committee recommends this
Article by a vote of 5 -0 -0 at their meeting on October 13, 2015.
Communitv Planning and Development Committee Report - given by Nick Safina: The
Community Planning and Development Committee recommends this Article by a vote of 5 -0 -0 at their
meeting on June 29, 2015
Presentation given by:
Jeff Hansen - See Attached
Motion made by William Brown, Precinct 8 to amend 10.3.6.1.2.B as follows:
B Outdoor recreation, nature study, boating, fishing, and hunting where ether wise legally
permitted;
Delete the word "otherwise"
Motion Carried
Motion made by James Maughan, Precinct 4 to amend as follows:
71 ..
0111VAI 0M
MENIN,
"01, 1111111010,0161h, WNW-101m,
WON"
11"'I
14hy-A
or take any other action with respect thereto.
Background: Article 9 is an amendment to the Section 10.3 of the Zoning Bylaw, A uifer
Protection District. When the comprehensive update of the zoning bylaw was completed last Fall, the plan
was to revisit certain parts of the bylaw for future changes including Aquifer Protection District. The CPDC
revised the Aquifer Protection District with the assistance of Town Counsel and with input from the
Department of Environmental Protection (DEP), the State office that regulates this requirement.
The Aquifer Protection District needs to be in compliance with the DEP water withdrawal permit program
and drinking water regulations. The amended zoning will simplify, clarify, and make it easier for property
owners in the Aquifer Protection District for several reasons, including:
1. Definitions are now consolidated into Section 2.0 with all of the other Definitions;
2. Artificial recharge systems are no longer required for residential redevelopment that would result in
exceeding the impervious area threshold. For example, an addition to a single family home that
increases the lot coverage and would exceed the impervious area threshold could address drainage
through developing rain gardens, swales, and other easier and typically less expensive
improvements;
3. The DEP has agreed that we can relax the requirements and still meet the State's regulations.
Finance Committee Report: No report
Bylaw Committee Report - given by Stephen Crook: The Bylaw Committee recommends this
Article by a vote of 5 -0 -0 at their meeting on October 13, 2015.
Communitv Planning and Development Committee Report - given by Nick Safina: The
Community Planning and Development Committee recommends this Article by a vote of 5 -0 -0 at their
meeting on June 29, 2015
Presentation given by:
Jeff Hansen - See Attached
Motion made by William Brown, Precinct 8 to amend 10.3.6.1.2.B as follows:
B Outdoor recreation, nature study, boating, fishing, and hunting where ether wise legally
permitted;
Delete the word "otherwise"
Motion Carried
Motion made by James Maughan, Precinct 4 to amend as follows:
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Reading Memorial High School
Preforming Arts Center
November 12, 2015
Land uses that alter a lot such that the total amount of Impervious Surface on the lot within
the district would not exceed 2,500 square feet or 15% of 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 and the Conservation Commission is provided;
Motion Does Not Carte
Motion made by James Maughan, Precinct 4 to amend as follows:
Land uses that alter a lot such that the total amount of Impervious Surface on the lot within
the district would not exceed 2,500 square feet or 15% of that portion of the lot located
within the District, whichever is greater, unless: (1) 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; (2) Pervious Pavers, Pervious Pavement
or equivalent are used and the manufacturer's specifications for infiltration are
factored into the Impervious Surface and infiltration calculations
Motion Does Not Carry
After some discussion a vote was taken:
2/3 Vote Required
124 Voted in the affirmative
0 Voted in the negative
130 Town Meeting Members in Attendance
Motion Carried as Amended
ARTICLE 10: Motion made by Jeff Hansen, Committee Planning and Development to amend the
Zoning Bylaw to provide for associate members on the Community Planning and Development Commission
and Zoning Board of Appeals by:
(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:
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Reading Memorial High School
Preforming Arts Center
November 12, 2015
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 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.
Background: The Charter Review Committee discussed the topic of Associate members at length
during their review process. As many Town Meeting members will recall, during the January 2015 Special
Town Meeting it was decided to leave only broad language in the Charter on this issue, and to request a
change to the General Bylaws that would contain further details.
That way, future changes needed would go through the comparatively easier process of changing the
General Bylaws.
Such a bylaw was passed by April 2015 Town Meeting. In late August 2015 the Attorney General ruled
that neither the Community Planning and Development Commission nor the Zoning Board of Appeals were
allowed Associate members under the general bylaw: "We approve the new Section 3.3.1.6, but the Town
cannot apply it to the Zoning Board of Appeals (ZBA) or the Planning Board. It would be inconsistent with
MGL Chapter 40A, Sections 9 and 12, to create an associate member position on the ZBA or the Planning
Board by way of a general by -law. General Laws Chapter 40A, Sections 9 and 12 authorizes the
appointment of associate members to the ZBA and the Planning Board only by way of a zoning by -law,
adopted in accordance with the requirements of MGL Chapter 40A, Section 5. If the Town wishes to
provide for appointment of associate members to the ZBA or the Planning Board, it will have to amend its
zoning by- laws."
This Article proposes to change the zoning bylaws and accomplish the original intent of April 2015 Town
Meeting. Note one change to that intent - the state's Zoning Act allows Planning Boards to have only one
associate member, who can vote on Special Permits.
Below are the relevant sections described above, first the new section from the Charter describing
Associate Members broadly, followed by the new General Bylaw with more details:
CHARTER 4.15 Associate Membership
All appointed boards or committees authorized by Article 4 may have associate members if specified in the
Charter, Town Bylaw or Massachusetts General Laws. Associate members shall be appointed in the same
manner as other members of the board or committee. All rules and regulations relating to associate
membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision
defining the conduct of such bodies.
Associate members may not vote on any issue to be decided by the board or committee to which the
individual is appointed as an associate member except as allowed by the Charter, Town Bylaw or the
Massachusetts General Laws. Associates members of boards or committees serving as of the effective
date of this Section 4.15 shall be allowed to serve until the end of their term or until June 30, 2015,
whichever comes first.
GENERAL BYLAW 3.3.1.6 Appointment of Associate Members
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Reading Memorial High School November 12, 2015
Preforming Arts Center
All boards and committees appointed by the Board of Selectmen may have Associate Members. The
provisions of this section shall be applicable to all Associate Members of such bodies except as otherwise
provided.
The number of Associate Members on a board or committee shall not exceed two - thirds (2/3) of the
number of regular members on that board or committee. Associate Members shall serve for a two (2)
years term, so arranged that as nearly an equal number of terms as possible shall expire each year.
Associate Members shall be appointed by the Board of Selectmen.
If any regular member is absent from a meeting, disqualified from acting, or otherwise unable to
deliberate on a particular matter that comes before a board or committee, the chair of such board or
committee may designate one or more Associate Members to deliberate and vote on any matter before
the board or committee. 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 board or committee;
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.
Finance Committee Report: No report
Bylaw Committee Report - given by Stephen Crook: The Bylaw Committee recommends this
Article by a vote of 5 -0 -0 at their meeting on October 13, 2015.
Board of Selectmen Report: The Board of Selectmen on October 6, 2015 voted 5 -0 -0 to support
this Article.
Community Planning and Development Committee Report - given by Nick Safina• The
Community Planning and Development Committee recommends this Article by a vote of 4 -0 -0 at their
meeting on October 5, 2015
Presentation given by:
• Bob LeLacheur - See Attached
2/3 Vote Required
Declared by Moderator
130 Town Meeting Members in Attendance
Motion Carried
ARTICLE 11: Motion made by Dan Ensminger, Board of Selectmen amend the General Bylaw
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,
in accordance with the provisions of Section
8.12 of the Reading Home Rule Charter.
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Reading Memorial High School
Preforming Arts Center
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Background: A new section in the Charter (8.12 Removal of an Appointed Board or Committee
Member) clarifies and offers more structure to the process of removing a volunteer. The change suggested
to the general bylaw in this Article reflects the change made to the Charter.
Finance Committee Report: No report
Bylaw Committee Report - given by Stephen Crook: The Bylaw Committee recommends this
Article by a vote of 5 -0 -0 at their meeting on October 13, 2015.
Board of Selectmen Report: The Board of Selectmen on October 6, 2015 voted 5 -0 -0 to support
this Article.
Presentation given by:
Bob LeLacheur - See Attached
After some discussion a vote was taken:
Motion Carried
ARTICLE 12: Motion made by John Halsey, Board of Selectmen that the Town 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.
Background: This Article has been brought to Town Meeting twice before, and tabled each time as
we had no definitive legal settlement to complete. As of the closing of the Warrant for November Town
Meeting we expect to have a comprehensive settlement as the legal negotiations are nearly complete.
At the Special Town Meeting in January 2015 we provided this background: A late- breaking litigation
matter was brought to the Town's attention in early December 2014. This included a proposed settlement
to be paid in late December 2014 in order to avoid litigation. Town Counsel was able to secure an
extension for any possible settlement to allow for action by the January 2015 Special Town Meeting. If
such a settlement is advisable, Town Counsel will explain the issue to Town Meeting on the floor,
otherwise this Article will be tabled.
At the Special Town Meeting in April 2015 we provided this update: The Town may be named as defendant
in a suit seeking contribution towards the cost of cleanup of the Sutton Brook Disposal Area Superfund
Site, formerly known as Rocco's Landfill. The Town has received a preemptive offer of settlement, to be
paid in exchange for avoiding litigation. Town Counsel has been looking into both the chances such a suit
will actually be brought as well as the legitimacy of any claims the Town would face. Town Counsel and
the Board of Selectmen will meet in Executive Session on April 14, 2015 in order to recommend a course
of action. This Article is placed on this Warrant as a placeholder in the event that there is need for Town
Meeting to approve the payment of a settlement.
Finance Committee Report - given by Vanessa Alvarado: The Finance Committee recommends
Article 12 by a vote of 6 -0 -0 at their meeting on October 14, 2015.
Bylaw Committee Report: No report
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SUBSEQUENT TOWN MEETING
Reading Memorial High School November 12, 2015
Preforming Arts Center
Board of Selectmen Report: The Board of Selectmen on October 6, 2015 voted 5 -0-0 to support
this Article.
Presentation given by:
• Bob LeLacheur - See Attached
Motion Carried
ARTICLE 13: Motion made by William Brown, Board of Cemetery Trustees to Indefinitely Postpone
the subject matter of Article 13
Motion to Indefinitely Postpone Carried
ARTICLE 14: Motion made by Kevin Sexton, Board of Selectmen that the Town vote to amend the
General Bylaw 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 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.
Background: This warrant article is the result of an instructional motion that was put forward at the
Special Town Meeting of January 2015. Town Meeting Members voted to ask the Board of Selectmen and
the Town Manager to:
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Reading Memorial High School
Preforming Arts Center
November 12, 2015
- Look into how and why General Bylaw 8.9.1 was amended in 2011 and report back to Annual
Town Meeting;
- Investigate the history of the Timberneck Swamp and how it was designated conservation land
with an island of private land in the middle of it and report back to Town Meeting at Annual
Town Meeting;
- Determine and implement strategies that will, in the immediate future, improve the safety of
nearby residents and travelers through the neighborhood of the Timberneck Swamp by, for
example, clearly and visibly delineating the boundaries of this conservation land, posting "no
hunting" signs on all parcels of town land, etc.;
- Investigate the legality of transporting any type of firearm or explosives across town land for
the purposes of hunting, sporting, etc., and report back to Annual Town Meeting;
- Appoint a working group to draft a revision to General Bylaw 8.9.1 that protects the rights and
interests of all town citizens.
In order to complete this last request, in May of 2015 the Board of Selectmen's Volunteer Appointment
Sub - Committee interviewed several candidates and the Board appointed a Firearm Ad Hoc Committee
comprised of (2) Board of Selectmen, the Deputy Police Chief and four residents of the Town of Reading,
including at least one Town Meeting member.
The ad hoc Committee met five times over this summer to discuss General Bylaw 8.9.1 and with the help
of Town Counsel, determined that our current bylaw was not well written or easy to follow. Below is the
full text of the current bylaw that is suggested to be deleted in its entirety:
8.9.1 FIREARMS
No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind on or within the
limits of any street, highway, park or other public property except with the written permission of the
Board of Selectmen or its designee, or on any private property except with the written consent of the
owner or legal occupant thereof and the written permission of the Board of Selectmen or its designee;
provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law
enforcement officer acting in the discharge of his duties, nor to the use of such weapon at any military
exercises or any established rifle range, nor to the rights and privileges of an owner or lessee of land as
set forth in MGL Chapter 131 relative to hunting and sporting.
The ad Hoc Committee instructed Town Counsel to write a total of five new versions of General Bylaw
8.9.1 for the committee to discuss, representing several different viewpoints. After significant discussion
and compromise, the proposed General Bylaw 8.9.1 before you represents the version the committee
voted to present to Town Meeting.
Finance Committee Report: No report
Bylaw Committee Report - given by Stephen Crook: The Bylaw Committee recommends this
Article by a vote of 5 -0 -0 at their meeting on October 13, 2015.
Board of Selectmen Report: The Board of Selectmen on October 6, 2015 voted 5 -0 -0 to support
this Article.
Presentation given by:
• Kevin Sexton - See Attached
Motion made by Eric Fournier, Precinct 6 to amend as follows:
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Reading Memorial High School November 12, 2015
Preforming Arts Center
• The use of such weapons on any lawfully permitted hunting, target, trap or skeet range.
Motion Does Not Carry
Motion made by Eric Fournier, Precinct 6 to amend as follows:
• Within 1;089 500 feet from a dwelling or other building in use, or 389 150 feet from a
public way; or
Motion made by Peter Lydecker, Precinct 1 to Move the Question of amendment
2/3 Vote Required
106 Voted in the affirmative
8 Voted in the negative
130 Town Meeting Members in Attendance
Motion to Move the Ouestion Carried
Motion to Amend Does Not Carry
Motion made by Margaret Russell, Precinct 3 to Move the Question
2/3 Vote Required
112 Voted in the affirmative
5 Voted in the negative
130 Town Meeting Members in Attendance
Motion to Move the Ouestion Carried
After some discussion a vote was taken:
Motion Carried as Presented
Dan Ensminger, Board of Selectmen moved to adjourn the 2015 Subsequent Town Meeting sine die at
10:25 PM with 130 Town Meeting Members in attendance.
Motion Carried
A true copy Attest:
Laura A Gemme
Town Clerk
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