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HomeMy WebLinkAbout1996-09-09 Special Town Meeting MinutesSPECIAL TOWN MEETING Reading Memorial High School September 9, 1996 The meeting was called to order by the Moderator, Paul C. Dustin, at 7:40 p.m., there being a quorum present. The Invocation was given by Beverly Cook, member of the First Congregational Church followed by the Pledge of Allegiance to the Flag. The Warrant was partially read by the Town Clerk, Cheryl A. Johnson, when on motion by George V. Hines, Chairman of the Board of Selectmen, it was voted to dispense with further reading of the Warrant except for the Officer's Return which was read by the Town Clerk. Moderator, Paul C. Dustin, indicated that he would call for Article 1 and Article 2 at the end of the Special Town Meeting and Article 3 would be the first order of business. ARTICLE 3 - On motion by Daniel A. Ensminger, member of the Board of Selectmen, it was moved to Table the subject matter of Article 3. ARTICLE 4 - On motion by Daniel A. Ensminger, member of the Board of Selectmen, it was voted that the Town appropriate from "certified free cash" the sum of $62,065 to pay Waste Management of Boston-North for rubbish collection services rendered in fiscal year 1996 in accordance with Chapter 44, Section 64, Massachusetts General Laws. 9/10 vote required 121 voted in the affirmative 0 voted in the negative ARTICLE 5 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was voted that the Town amend the following votes taken under Article 17 of the Warrant of the Annual Town Meeting of April 8, 1996, relating to the Fiscal Year 1997 Municipal Budget, and that the Town appropriate the sums of the amended votes for the operation of the Town and its government from property taxes, State aid, and non-property. tax local receipts unless otherwise noted: -1- BUDGET # DESCRIPTION CHANGE in adopted budget NEW BUDGET AMOUNT FINCOM recommen -dation D2 Town Manager - Personal Services 1,569 81,974 7-0-0 E2 Health - Non-Personal Expenses 18,103 62,304 7-0-0 G1 Police - Personal Services - grant match 15,000 2,293,074 6-1-0 G1 Police - Personal Services - Temp X-ing Guard 2,000 2,295,074 8-0-0 K1 Debt Service $140,500 $1,934,363 7-0-0 K45 Capital - School Portable Building -30,000 70,000 7-0-0 N2 Sewer Non-Personal Expenses 179,318 $ 2,711,913- 8-0-0 Workers Compensation Trust Fund -147,172 7-0-0 * Increase the use of Sewer reserves by $179,318 to $632,318 ARTICLE 6 - On motion by Jonathan E. Barnes, Community Planning and Development Commission, it was voted to amend the Reading Zoning By-Laws by adding the following Section 4.3.4.: Daniel A. Ensminger, member of the Board of Selectmen, moved to dispense with further reading of Article 6 after Section 4.3.4.1. Jonathan E. Barnes, Community Planning and Development Commission, highlighted changes in the sections that did not appear in the Report on the Warrant. "4.3.4. ADULT USES: 4.3.4.1. Purpose and Intent: It is the purpose and intent of this Section 4.3.4. to address and mitigate the secondary effects of the Adult Uses and sexually oriented businesses referenced herein, since such secondary effects have been found by the Community Planning and Development Commission, as a result of the studies relied upon by the Community Planning and Development Commission and after other public input, to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the Town, all of which secondary impacts are adverse to the health, safety, and general welfare of the Town of Reading and its inhabitants- The provisions of this Section have neither the purpose nor intent of imposing a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this Section to restrict or deny access by adults to Adult Uses and to sexually oriented matter or materials protected by the Constitutions of the United States of America and of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute; or exhibit such matter or materials. Neither is it the purpose or intent of this Section to legalize the sale, rental, distribution, or exhibition of obscene or other illegal matter or materials. -2- 4.3.4.2. Definitions: 4.3.4.2.1. Adult Uses: An establishment, a building or portion thereof, or a use of land having a substantial or significant portion of its business activity, stock in trade, or other matter or materials for sale, rental, distribution, or exhibition, which are distinguished or characterized by their emphasis on depicting, describing, or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the General Laws, including but not limited to the following: a. Adult Bookstore: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other matter which are distinguished or characterized by their emphasis on depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the General Laws; b. Adult Club: An establishment having as any of its activities or entertainment a person or persons performing in a state of nudity or distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the General Laws; c. Adult Entertainment Establishment: An establishment offering activities or goods or providing services where employees, entertainers or patrons are engaging in.nudity, sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the General Laws; d. Adult Motion Picture Theater: An establishment used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the General Laws; e. Adult Paraphernalia Store: An establishment having as a substantial or significant portion of its stock devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the General Laws; f. Adult Video Store: An establishment having as a substantial or significant portion of its stock in trade videos, movies or other film materials which are distinguished or characterized by their emphasis on depicting, describing, or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the General Laws. 4.3.4.2.2. Substantial or Significant Portion: The term "substantial or significant portion" as used in this Section 4.14. shall mean any of the following: a. Twenty percent (20%) or more of the business inventory or stock of merchandise for sale, rental, distribution, or exhibition during any period of time; -3- b. Twenty percent (20%) or more of the annual number of gross sales, rentals or other business transactions; or c. Twenty percent (20%) or more of the annual gross business revenue. 4.3.4.3. Special Permit: No Adult Use shall be allowed except by a Special Permit granted by the Board of Appeals. The Board of Appeals may grant a Special Permit for an Adult Use, with such conditions as it deems appropriate for the protection of public health, safety, and welfare, in any district permitting such use only if the use is found by the Board of Appeals to comply with the following standards and procedures: 4.3.4.3.1. Location: An Adult Use may not be located: a. Within seven hundred fifty (750) feet of a boundary line of a residential zoning district; b. Within seven hundred fifty (750) feet of a lot line of any lot containing a church, public school, private kindergarten or school, licensed day=care facility, park, playground, public library, cultural facility, museum, elderly housing, assisted living facility, nursing home, or adult day-care facility; c. Within seven hundred fifty (750) feet of a lot line of any lot containing an establishment licensed under the provisions of Section 12 of Chapter 138 of the General Laws; d. Within five hundred (500) feet of any other Adult Use. 4.3.4.3.2. Site Development Standards: a. Site Plan Review: No Special Permit for any Adult Use shall be issued without Site Plan Approval first having been obtained from the Community Planning and Development Commission under Section 4.3.3. hereof. b. Dimensional Requirements: Any building or structure containing an Adult Use shall meet the setback requirements and other dimensional controls of the appropriate district as specified in these By-Laws. For any property proposed to contain an Adult Use, the applicant for a Special Permit for such use shall demonstrate that the entire property shall comply with these requirements and controls following the establishment of such use thereon. c. Parking and Loading: On-site parking and loading shall be provided in accordance with the requirements set forth in Section 6.1. of these By-Laws as pertains to retail stores, offices, and consumer service establishments. For any property proposed to contain an Adult Use, the applicant for a Special Permit for such use shall demonstrate that the entire property shall comply with these requirements and controls following the establishment of such use thereon. -4- d. Landscaping: At a minimum, the property on which an Adult Use is proposed to be located shall contain a landscaped buffer strip along its entire perimeter, except that portion directly abutting a public street in accordance with the requirements of Paragraph 5.3.1.3.a. hereof e. Signs: All signs for any Adult Use must meet the requirements of Section 6.2. hereof. In addition, no advertisement, display or other promotional material which contains sexually explicit graphics or sexually explicit text shall be visible to the public from any public way including but not limited to sidewalks, pedestrian walkways, highways or railways. 4.3.4.3.3. Other Special Permit Requirements: 4.3.4.3.3.1. If the Adult Use allows for the showing of films or videos within the premises, the booths in which the films or videos are viewed shall not be closed off by curtains, doors or screens. All booths must be able to be clearly seen from the center of the establishment. 4.3.4.3.3.2. The application for a Special Permit for an Adult Use must include the following information: a. Name and address of the owner of record of the property; b_ Name and address of the legal owner of the proposed Adult Use establishment; c. Name and address of all persons having a lawful, equity or security interest in the Adult Use establishment; d. A sworn statement must be provided stating that neither the applicant, nor the manager, nor any person having a lawful, equity or security interest in the Adult Use establishment has been convicted of violating the provisions of Section 63 of Chapter 119 of the General Laws or Section 28 of Chapter 272 of the General Laws; e. Name and address of the manager of the Adult Use establishment, f. Proposed provisions for securing the safety of the public within and without the Adult Use establishment; g. The number of employees; and h. The present and proposed physical layout of the interior of the Adult Use establishment. 4.3.4.3.3.3. No Special Permit for an Adult Use shall be issued to any person convicted of violating Section 63 of Chapter 119 of the General Laws or Section 28 of Chapter 272 of the General Laws. 4.3.4.3.3.4. An Adult Use Special Permit shall only be issued following a public hearing held within sixty-five (65) days after the filing of an application with the Board of Appeals, a copy of which shall forthwith be given to the Town Clerk by the applicant. -5- 4.3.4.3.3.5. Any Adult Use Special Permit issued under this By-law shall lapse within one (1) year if substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause; excepting only any time required to pursue or await the determination of an appeal from the grant thereof. 4.3.43.3.6. Any Adult Use Special Permit issued under this By-Law shall require that the owner of such adult use shall supply on a continuing basis to the Building Inspector any change in the name of the record owner or address or any change in the name of the current manager; and that failure to comply with this provision shall result in the immediate revocation of such Special Permit. If anyone so identified is or is found to be convicted of violating Section 63 of Chapter 119 of the General Laws or Section 28 of Chapter 272 of the General Laws, such Special Permit shall immediately be null and void. 4.3.4.3.3.7. No Adult Use Special Permit issued under this By-Law shall become valid or in full force and effect until and unless the owner of the property containing such Adult Use shall supply to the Building Inspector a notarized statement agreeing to all terms and conditions of said Adult Use Special Permit. 43.4.4. Non-Conformity: 4.3.4.4.1. Any Adult Use inexistence prior to the adoption of this Section 4.3.4. shall apply for a Special Permit as specified in this Section 4.3.4. within ninety (90) days following the adoption of this Section 4.3.4., and shall be required to comply in all respects with all requirements of this Section 4.3.4. 4.3.4.4.2. Any Adult Use in existence prior to the adoption of this Section 4.3.4. which has applied for such Special Permit but which has not been granted such Special Permit may be permitted by a unanimous vote of the Board of Appeals following a public hearing to continue in operation at its present location for a period of time not exceeding six (6) months following the date of the application for such Special Permit provided that a written request therefor is made to the Board of Appeals. The Board of Appeals, upon written application made prior to the expiration of any such period of time and following a public hearing may grant one additional extension period of time not to exceed six (6) months. The Adult Use owner must demonstrate undue financial hardship if forced to close immediately upon failure to obtain a Special Permit to the Board of Appeals in order to obtain any such extension. 4.3.4.4.3. The provisions of this Section 4.3.4.4, shall only apply to Adult Uses as defined in this Section 4.3.4. which are also defined in Section 9A of Chapter 40A of the General Laws. -6- 4.3.4.5. Invalidity: In the event that any provision of this Section 4.3.4. shall be determined invalid by a L_ Court of competent jurisdiction or otherwise, the remaining provisions of this Section 4.3.4. not manifestly inseparable from the invalid provision(s) shall remain in full force and effect." 2/3 vote required 131 voted in the affirmative 3 voted in the negative ARTICLE 7 - On motion by Jonathan E. Barnes, Community Planning and Development Commission, it voted to amend the Reading Zoning By-Laws by adding the following to Section 2.0. Definitions: "2.2.1.2. ADULT USES: The uses defined in Section 4.3.4. of these By-Laws." 2/3 vote required 128 voted in the affirmative 0 voted in the negative ARTICLE 8 - On motion by Jonathan E. Barnes, Community Planning and Development Commission, it voted to amend the Reading Zoning By-Laws by adding to Section 4.2.2. Table of Uses the following: A. Add between the line "Planned Unit Development" and the line "Automotive Uses" the following wording under the following headings: PRINCIPAL USE RES RES RES BUS BUS BUS IND 5-15 A-40 A-80 A B C S-20 S-40 "Adult Uses" no no no- no no no SPA*** B. Add the following at the end of said Section 4.2.2. Table of Uses: Adult Uses may be permitted only in the Industrial District by Special Permit granted by the Board of Appeals according to the requirements of Section 4.3.4." 2/3 vote required 128 voted in the affirmative 0 voted in the negative ARTICLE 9 - On motion by Jonathan E. Barnes, Community Planning and Development Commission, it voted to amend the Reading Zoning By-Laws by adding the following as Section 6.3.2.5.: -7- "6.3.2.5. Non-Applicability: This Section 6.3.2. allowing non-conforming uses to continue shall not apply to Adult Uses as defined in Section 4.3.4. hereof which are also listed in Section 6 of Chapter 40A and defined in Section 9A of Chapter 40A of the General Laws, all of which uses must comply in all respects with the provisions of Section 4.3.4." 2/3 vote required 128 voted in the affirmative 0 voted in the negative ARTICLE 10 - On motion by Jonathan E. Barnes, Community Planning and Development Commission, it voted that Article 10 be laid on the Table. ARTICLE 2 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was voted that Article 2 be laid on the Table. ARTICLE 1 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was voted that Article 1 be laid on the Table. On motion by George V. Hines, Chairman of the Board of Selectman, it was voted that the Special Town Meeting stand adjourned sine die at 9:27 p.m. 142 Town Meeting Members were present. A true copy. Attest: /C heryl Y .Johnson Town. lerk -8-