HomeMy WebLinkAbout2009-11-09 Subseqent Town Meeting WarrantCOMMONWEALTH OF MASSACHUSETTS
- Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on Sept 23, 2009 notified and warned the inhabitants
of the Town of Reading, qualified to vote on 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 Peter Sanborn Place, 50 Bay State Road
Precinct 3 Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Austin Preparatory School, 101 Willow Street
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Wood End School, 85 Sunset Rock Lane
The date of posting being not less than fourteen (14) days prior to November 9, 2009, the
date set for the Subsequent Town Meeting in this Warrant.
Freeman, Constable
A true copy. Attest:
Laura Gemme, Town Clerk
SUBSEQUENT TOWN MEETING
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and
Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road,
in said Reading, on Monday, November 9, 2009, 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, Town
Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town Clerk,
Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library
Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community
Planning & Development Commission, Conservation Commission, Town Manager and any
other Board or Special Committee.
Board of Selectmen
ARTICLE 2 To choose all other necessary Town Officers and Special Committees
and determine what instructions shall be given Town Officers and Special Committees, and
to see what sum the Town will raise by borrowing or transfer from available funds, or
otherwise, and appropriate for the purpose of funding Town Officers and Special
Committees to carry out the instructions given to them, or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 3 To see if the Town will vote to amend the FY 2010 - FY 2019, Capital
Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or
take any other action with respect thereto.
Board of Selectmen
ARTICLE 4 To see if the Town will vote to amend one or more of the votes taken
under Article 14 of the April 27, 2009 Annual Town Meeting relating to the Fiscal Year 2010
Municipal Budget, and see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate as the result of any such amended votes for
the operation of the Town and its government, or take any other action with respect thereto.
Finance Committee
ARTICLE 5 To see if the Town will vote to authorize the payment during Fiscal
Year 2010 of bills remaining unpaid for previous fiscal years for goods and services actually
rendered to the Town, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 6 To see if the Town will vote to authorize the Board of Selectmen to
sell, or exchange, or dispose of, upon such terms and conditions as they may determine,
various items of Town tangible property, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 7 To see if the Town will vote to increase the senior tax exemptions as
follows:
To increase the property tax exemption allowed to certain senior citizens and surviving
spouses and minors under Mass. General Laws Chapter 59, Section 5, Clause 17D by any
percentage up to the annual cost of living adjustment (COLA) as determined by the
Commissioner of Revenue; and
To increase the income and asset limits certain senior citizens may have to qualify for an
exemption under Mass. General Laws Chapter 59, Section 5, Clause 41C by any
percentage up to the annual cost of living adjustment (COLA) as determined by the
Commissioner of Revenue,
or take any other action with respect thereto.
Board of Assessors
ARTICLE 8 To see if the Town will vote to rescind authorized but unused debt for:
Energy and similar improvements to Town owned buildings as authorized by Article 9 on
November 10, 2008,
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 9 To see what sum the Town will raise by borrowing pursuant to G.L.
Chapter 44, §7(1) or transfer from available funds, or otherwise, and appropriate for the
purpose of reconstructing surface drains, sewers and sewerage systems, including the costs
of engineering services, plans, documents, cost estimates, bidding services and all related
expenses incidental thereto and necessary in connection therewith, said sum to be spent
under the direction of the Town Manager; and to see if the Town will authorize the Town
Manager, the Board of Selectmen, or any other agency of the Town to apply for a grant or
grants to be used to defray all or any part of said sewer construction and/or reconstruction
and related matters; and to see if the Town will vote to authorize the Town Manager to enter
into any or all agreements as may be necessary to carry out the purposes of this Article; and
to see if the Town will authorize the Town Manager, the Board of Selectmen, or any other
agency of the Town to apply for a non-interest bearing loan from the Massachusetts Water
Resources Authority, and to authorize the Treasurer-Collector, with the approval of the
Board of Selectmen, to borrow pursuant to said loan, or take any other action with respect
thereto.
Board of Selectmen
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ARTICLE 10 To see if the Town will vote the sum of Sixty Thousand Dollars
($60,000) from the sale of real estate and/or other funds for the purpose of designing a
building or buildings to replace the present service building in Laurel Hill Cemetery including
but not limited to design specifications, test borings, surveying and any other items
incidental thereto, said funds to be expended by the Town Manager, and that the Town
Treasurer be and hereby is authorized and instructed to transfer said funds to carry out the
purpose of this vote, or take any other action with respect thereto.
Board of Cemetery Trustees
ARTICLE 11 To see if the Town will vote to accept the provisions of G.L. c. 64L, §
2(a) to impose a local sales tax upon the sale of restaurant meals originating within the
Town by a vendor at the rate of .75 percent of the gross receipts of the vendor from the sale
of restaurant meals to take effect January 1, 2010, or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 12 To see if the Town will vote to amend Article 5, Public Order, of the
Town of Reading General Bylaws as follows: (New language is in italics.)
5.5.4 Public Buildings. Public Property and Public Wavs
5.5.4.1 No person shall gamble or keep, use or have in his possession
any spirituous or intoxicating liquor in any building or room owned
or occupied by the Town or upon any public property or public
ways, except as otherwise authorized by the Board of Selectmen,
special Statute or general laws.
5.5.4.2 No person shall smoke or have in his possession any lighted cigar,
cigarette, or other tobacco product in any building or room owned
or occupied by the Town,
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 13 To see if the Town will vote to amend Section 4.5, Licenses, of the
Town of Reading General Bylaws by deleting there from in its entirety Section 4.5.2, Junk,
and inserting therein a new provision as follows:
4.5.2 Junk Old and Precious Metals and Secondhand Articles
4.5.2.1 License Required
4.5.2.1.1 Every person who is in the business of collecting, dealing in, or keeping a
shop for the purchase, sale or barter of junk, old and precious metals
including gold and silver, and/or secondhand articles, shall be licensed by
the Board of Selectmen.
4.5.2.1.2 No person shall use any building, enclosure or other structure for the
storage, sale or keeping of rags, waster paper stock or other inflammable
material without a license therefore from the Board of Selectmen.
4.5.2.2 Application for License; Term; Fee
4.5.2.2.1 Each application for a license shall be made in writing to the Board of
Selectmen and set forth the name of the party licensed, the nature of the
business and the building or place in which it is to be carried out.
4.5.2.2.2 Each license for the keeping of a shop for the purchase, sale or barter of
junk, old and precious metals including gold and silver, and/or secondhand
articles shall be issued on a location specific basis.
4.5.2.2.3 Licenses under this bylaw may be issued only after notice and a public
hearing and shall be for a period of one (1) year unless sooner revoked
by the Board of Selectmen.
4.5.2.2.4 The fee for each such license shall be determined by the Board of
Selectmen.
4.5.2.2.5 The license shall be clearly and prominently displayed in a suitable and
conspicuous place on the premises.
4.5.2.2.6 Such license shall run from April until May of the following year.
4.5.2.3 Record of Purchases, Examination and Inspection of Records and Articles
4.5.2.3.1 Every junk dealer, old and precious metal dealer or secondhand article
dealer shall keep a book in which shall be written at the time of each
purchase, a description thereof, the name, age and residence of the
person from whom the purchase was made, and the day and hour when
such purchase was made. Photocopies of picture identification shall be
taken and maintained for any person who sells or barters an item.
4.5.2.3.2 A list of all purchases and acquisitions shall be submitted to the Reading
Police Department within one (1) week of such purchase or acquisition.
4.5.2.3.3 The Chief of Police or his designee shall at all times have the authority to
inspect or examine all books kept by the dealer or keeper of the shop and
shall have the right to inspect and examine all articles and merchandise
therein.
4.5.2.4 Purchases from Persons less than Eighteen (18) Years of Age Prohibited
No junk dealer, old and precious metal dealer or secondhand article dealer or any employee
thereof shall directly or indirectly purchase or receive by way of barter or exchange any junk,
old and precious metals or secondhand articles from a person under the age of eighteen
(18) years.
4.5.2.5 Articles Purchased or Received to be Retained for Fourteen (14) Days
No item purchased or received by any dealer or keeper of a shop licensed under this bylaw
shall be removed from the Town, sold, or otherwise disposed of for at least fourteen (14)
days from its date of purchase or acquisition unless permission has been obtained from the
Chief of Police or his designee who may request to inspect or photograph the item.
4.5.2.6 Testing of Weighing and Measuring Devices
All weighing or measuring devices used by a licensee in the conduct of the licensed
business shall be tested and sealed by the Town of Reading Sealer of Weights and
Measures prior to being placed into service. All weighing and measuring devices shall
thereafter be inspected and tested on an annual basis.
4.5.2.7 Rules and Regulations
The Board of Selectmen may adopt rules and regulations governing the issuance and
conduct of business for the sale of junk, old and precious metals and secondhand articles
pursuant to the authority granted by M.G.L. Chapter 140, X54 and the authority granted by
this bylaw.
4.5.2.8 Suspension or Revocation of License
Any license issued hereunder may be suspended or revoked, after a notice and hearing, for
cause or violation of this bylaw and/or the Board of Selectmen's rules and regulations.
4.5.2.9 Enforcement and Penalties
Violations of this bylaw shall be subject to a fine of Three Hundred Dollars ($300.00). Each
day the violation exists shall constitute a separate offense. This penalty may be enforced
pursuant to Section 5.11, Non-Criminal Disposition of Certain Violations of Bylaws and
Rules and Regulations, of this bylaw.
4.5.2.10 Severability
If any provision of this bylaw is held to be invalid, it shall not affect the validity or application
of the remaining provisions, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 14 To see if the Town will vote to amend the Cemetery Rules and
Regulations of the Town of Reading by rescinding the previous Cemetery Rules and
Regulations and adopting the following Cemetery Rules and Regulations:
RULES AND REGULATIONS
Foreword
The Town of Reading Home Rule Charter adopted on March 24, 1986 and amended
November 13, 2004 provides that:
"The Board of Cemetery Trustees shall be responsible for the preservation, care,
improvement and embellishment of the Town's cemeteries and burial lots therein and such
other powers and duties given to the Board of Cemetery Trustees under the Constitution
and General Laws of the Commonwealth, by the Charter, by bylaw or by Town Meeting
vote."
Working under this charge, the Board of Cemetery Trustees strives not only to fulfill its legal
responsibilities regarding the Town's cemeteries, but also to preserve the aesthetic quality of
our heritage by establishing the following rules and regulations. The Trustees encourage
public comment at regularly schedule meetings or via correspondence.
TOWN OF READING
CEMETERY RULES AND REGULATIONS
The Board of Cemetery Trustees has set forth the following rules and regulations for the
ownership, use and care of burial sites in the Town's cemeteries. The authority to do this is
found in Chapter 114 of Massachusetts General Laws.
Resident Requirements
1. The sale of lots is limited to current Reading residents only.
Ownership of Lots
2. The Trustees shall set the price of lots. All lots must be paid in full at the time of the sale.
3. The owner of a lot is limited to burying human remains in that site. The owner has a right
to place a memorial subject to limitations as outlined in other sections of these regulations.
4. When a lot is purchased, the owner will be issued a deed specifying the location and
dimensions of the lot. The Trustees are responsible for corner posts set at each lot. These
will clearly define the number of the lot. The deed will contain certain terms and conditions
for the use of this lot.
Copies of lost deeds may be obtained by paying an established fee.
5. The owner of a lot may only transfer ownership of that lot by deed if such transfer is
approved by the Trustees. A fee will be charged for the recording of deed transfer. The
owner does not have a right to lease the property.
6. Lots may be resold only to the Town of Reading, at the original purchase price.
7. Upon the death of the lot owner, ownership shall pass as provided by the statutes of
Massachusetts in force at that time. The Trustees will require proof of the rights of
ownership of such lot.
Care of Lots
8. The Trustees shall require certain deposits to be made at the time of sale for perpetual
care of the lot or grave without expense to the Town.
"Perpetual Care" means the cutting of grass on the grave or lot at reasonable intervals,
raking and cleaning, reseeding and other work as may be necessary to keep the lot or lots in
good condition. Perpetual care will not include the repairing or replacing of memorials.
Memorials
9. A memorial may be installed on a lot. The Trustees must approve the design and
specifications for any memorial. Flat markers shall be of granite or bronze; upright
memorials shall be of granite. No other materials shall be allowed.
10. Where permitted only one upright memorial of granite may be placed on a lot subject of
limitations as outlined in other sections of these regulations. One flat marker may be set on
an individual grave. Markers may not be set to embrace two or more graves. All markers
shall be set flush with the ground. The foundations for all memorials will be installed by the
Cemetery Department and a fee will be charged.
11. In Laurel Hill, a memorial will not be installed unless the lot is endowed with perpetual
care. On old lots matching markers may be used if existing markers exceed regulation size.
If upright headstones become broken or excessively tipped, the right is reserved to lay these
into the ground as flat markers.
12. Neither the Trustees nor the Town shall be liable for damage to memorials or markers.
13. A stone cutter or other person who is to do work on a structure erected on a lot or grave
must obtain a written permit from the Cemetery Director before beginning work. Work must
be performed under the supervision of the Director. The work area must be left in proper
condition.
14. An owner of a lot or lots does not have the right to plant trees, shrubs or plants on the
lot(s). Nor does the owner have the right to erect a fence, curbing, hedge or any other
landmark. The Trustees have the right to remove any shrub, hedge, root or branch that they
may deem detrimental to other cemetery lots. The Trustees also have the right to remove
unsightly flowers, old vases and other containers that may present an unsafe condition or be
detrimental to the looks of the lot or the cemetery in general. No vigil lights or wooden
crosses will be allowed on any lot or grave.
Memorial Regulations
15. The following regulations are for upright memorials. These limitations must be followed
or the memorial may not be erected.
On a two grave lot, maximum size 3'0"x 1'0" base, 3' high.
On a three grave lot, maximum size 4'0"x 1'3" base, 3' high.
On a four grave lot, maximum size 4'6"x 1'6" base, 4' high.
On a five grave lot, maximum size 4'6"x 1'6" base, 4' high.
On a six grave lot, maximum size 5'x 2' base, 4' high.
On a seven grave lot, maximum size 5'6"x 2' base, 4' high.
On an eight grave lot, maximum size 6'x 2' base, 4' high.
On a single grave, only a flat marker is allowed.
Unless otherwise noted all markers shall be 2' x 1', and shall be of bronze or granite. Baby
grave markers shall be 1'3" x 0'8". Granite markers shall be consistently 4" thick.
In all veteran sections, grave markers shall only be of bronze.
Special Regulations for Charles Lawn Memorial Park
16. No upright memorial will be allowed on lots within this cemetery. Each individual or
extra depth grave space may have a flush marker. A central marker will be allowed on lots
of two or more burial spaces. This will be no larger than 3' x 1'.
17. Floral decorations are limited to one pot of 8 inches in diameter per grave.
Urn Gardens at Forest Glen and Charles Lawn
18. Two cremation urns may be interred in each grave.
19. Memorialization will be limited to one 2'x1' bronze flush marker in Forest Glen. Granite
or bronze markers may be used in Charles Lawn.
Interments and Removals
20. No interment may be made before (a) a permit is issued by the Board of Health to the
Director, (b) the owner of the lot gives an order to use the lot, and (c) all fees have been
paid.
21. The Director must be given reasonable advance notice of an interment or removal. This
notice must give the lot number, the grave number, name and age of deceased for a burial,
size of box and name of the undertaker in charge. Neither the Director nor the trustees will
be held responsible for any error in the given notice (including any order given by phone).
Fees for opening graves, making and recording interments, reinterments, funerals after
working hours or Saturday afternoons or holidays as well as other services will be
established by the Trustees and shall be paid in advance.
22. Funerals will not be allowed on Sundays, New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day nor Christmas Day.
23. All burial cases must be sectional concrete or monolithic containers.
24. In each regular grave space, one regular interment plus one cremation urn or two
cremation urns will be allowed, except extra depth lots in Charles Lawn, where provisions
have been made for two burials in one grave space.
General Regulations
25. All funeral processions in the cemetery are under the direction and control of the
Director.
26. No firearms are allowed in any cemetery except for military and memorial services.
27. Vehicles, except for those in a funeral, procession, may be excluded from any
cemetery. Maximum speed limit in any cemetery is fifteen miles per hour.
28. All persons walking through a cemetery must keep to the pathways and not trespass
on lots except for gaining access to their own lots. Parents must take full responsibility for
their children and not permit them to climb on headstones. Loitering, playing and dogs are
not allowed.
29. Unauthorized gravestone rubbing is not allowed.
30. Cemeteries are open from sunrise to one half hour after sunset.
31. The soliciting of business by anyone within the cemetery is prohibited.
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32. No employee shall receive any fee or gratuity from any person except the standard
fees prescribed by the Trustees and to be paid to the Town. Any employee violating this rule
will be subject to disciplinary action.
33. The Trustees shall have authority to grant to owners to depart in special instances from
the provisions of the foregoing regulations in cases where it clearly appears that the spirit
and intent of the regulation will not thereby be violated.
or take any other action with respect thereto.
Board of Cemetery Trustees
ARTICLE 15 To see if the Town will vote to amend Section 6.3.17 of the Town of
Reading Zoning By-laws as follows: (Language underlined shows deletions/words in italics
denotes new language.)
6.3.17. Reconstruction after Destruction (by a Special Permit)
The Board of Appeals may grant a Special Permit for the reconstruction of a use, structure,
building, sign, parking space or loading bay or other situation allowed by Special Permit,
which is destroyed or damaged by explosion, collapse, fire, storm, natural disaster or other
catastrophic event, any of which is beyond the control of the owner or by the proposed
voluntary action of the owner, to demolish, in whole or in part, in a manner different from the
prior conditions, provided that the Board determines that:
a. The reconstruction conforms to the current requirements of this bylaw to the
maximum extent practicable.
b. The reconstruction is appropriate in scale and mass for the neighborhood, with
particular consideration of abutting properties.
b. c. In the case of the reconstruction of a nonconforming use, that it complies with
the standards for the substitution of a nonconforming use.
Board of Selectmen
ARTICLE 16 To see if the Town will vote to rescind Article 5.18 of the Town of Reading
General Bylaws "Local History District" which was adopted pursuant to Chapter 40C of the
General Laws as originally voted under Article 17 of the November 18, 2004 Special Town
Meeting and amended under Article 27 of the May 5, 2005 Annual Town Meeting, or take
any other action with respect thereto.
Board of Selectmen
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, 2009, the date set for the meeting in said Warrant, and to publish this
Warrant in a newspaper published in the Town, 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 22nd day of September, 2009.
tephen A. Goldy
A4
Richard W. Schubert
SELECTMEN OF READING
Ben Tafoya, an
1 James E. Bonazoli, Vi airman
Camille W. Anthony, Secretary
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