HomeMy WebLinkAbout2013-11-12 Subsequent Town Meeting WarrantCOMMONWEALTH OF MASSACHUSETTS
Middlesex, as. Officer's Return, Reading
By virtue of this Warrant, I, on ncrober s , 2013 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
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
Reading Library, Local History Room, 64 Middlesex Avenue
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 12, 2013, 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
October 8 ,2013.
i
V,Segalla C. /ConSt
A true copy Attest:
Laura Gemme, Town Clerk
TOWN WARRANT
COMMONWEALTH OF MASSACHUSETTS
Middlesex, as.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to notify and
warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to
meet at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, in said
Reading, on Tuesday, November 12, 2013, 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, Town Manager and any other Official, 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 vote to appropriate by borrowing or transfer from available funds, or
otherwise, for the purpose of funding Town Officers and Special Committees to carry out the
instructions given to them, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 3 To see if the Town will vote to amend the FY 201423 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 accept the minimum monthly allowance of $500 for
beneficiaries of active members as provided in section 12 (2)(d) of Chapter 32 of the
Massachusetts General Laws to be effective for September 14, 2013.
Contributory Retirement Board
ARTICLE 5 To see if the Town will vote to authorize the payment during Fiscal Year
2014 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 seed 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 authorize the Board of Selectmen to
acquire by purchase, gift, eminent domain or otherwise, permanent and temporary construction
easements upon and over a portion of certain properties located on West Street, Wentworth
Road, Countryside Drive, Lewis Street, Scotland Road, Howard Street, Prescott Street,
Wescroft Road, Woburn Street, Fremont Street, Winslow Road, King Street, Edgemont Avenue,
Palmer Hill Road, Arcadia Avenue In Reading MA and Washington Street in Woburn MA as
shown on a plan entitled "The Commonwealth of Massachusetts Highway Department,
Reconstruction of West Street in the Town of Reading, Middlesex County, Preliminary Right of
Way, 100% Submission, dated March 6, 2013" a copy of which is on file in the Town Clerk's
Office, upon such terms and conditions as the Board of Selectmen shall determine to be
appropriate, for the purpose of constructing and maintaining roadway improvements; and,
further, to see if the Town will vote to raise, appropriate, transfer from available funds, accept
gifts or borrow a sum of money for this purpose and any expenses related thereto, and to
authorize the Board of Selectmen to enter into all agreements and take all related actions
necessary or appropriate to carry out this acquisition, or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 8 To see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of making roadway, pedestrian
and similar improvements, including the costs of easements, consulting services, audits, plans,
dowments, cost estimates, bidding services and all related expenses incidental thereto and
necessary in connection therewith, said sum to be expended by and under the direction of the
Town Manager; and to see if the Town will authorize the Board of Selectmen, Town Manager, or
any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all,
or any part of, said roadway, pedestrian and similar improvements; 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 take any other action with respect thereto.
Board of Selectmen
ARTICLE 9 To see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of making extraordinary repairs
and/or replacement of sanitary sewer collection systems, including the costs of consulting
services, audits, plans, documents, cost estimates, bidding services and all related expenses
incidental thereto and necessary in connection therewith, said sum to be expended by and
under the direction of the Town Manager, and to see if the Town will authorize the Board of
Selectmen, Town Manager, or any other agency of the Town, to apply for a grant or grants, to
be used to defray the cost of all, or any part of, said sanitary sewer improvements; 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 take any other action with respect thereto.
Board of Selectmen
ARTICLE 10 To see if the Town will vote to approve an amendment to the
Administrative Code pursuant to Section 6-1 of the Reading Home Rule Charter, including
renaming the Town Manager Department to Administrative Services, relocating the non-
financial divisions from Finance to Administrative Services; relocating Accounting into the
Finance department and relocating Recreation from Public Works to Community Services, or
take any other action with respect thereto.
Board of Selectmen
ARTICLE 11 To see if the Town will vote to amend one or more of the votes taken
under Article 11 of the April 22, 2013 Annual Town Meeting relating to the Fiscal Year 2014
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 12 To seed the Town will vote to amend Section 6.2 (Signs) of the Town of
Reading Zoning By -Laws as follows: (note — cross -through represents language to be
eliminated and bold represents new language)
6.2.2 Definitions
(Remove all paragraph reference letters from the definition terms, a. through L, to avoid
further problems with additions or modifications. Reference letters are not used
anywhere within the Bylaw text)
(Add a definition of Animated Sign' at the top of the list:)
Animated Sign: A sign or portion thereof with characters, letters or illustrations that
change or are rearranged without altering the face or surface of the sign or signboard, on
a continuous or periodic basis, more than eight times per day.
(Add a definition of 'Electronic Sign' following 'Commercial Message'.)
Electronic Sign: A sign that changes its message or copy at intervals by digital,
electronic or mechanical processes, by remote control or other programming device. A
sign on which the only copy that changes is an electronic or mechanical indication of
time or temperature shall be considered a "Time and Temperature" portion of a sign and
not an Electronic Sign or Reader Board.
(Replace the definition for OH -Premises Sign:)
Off -Premises Sign: Any sign which directs attention to a business, commodity, service,
entertainment, attraction or other commercial activity which is sold, offered or existing elsewhere
than upon the same lot on which such sign is located, including any outdoor advertising sign
("billboard") on which space is leased or rented for the purpose of conveying a commercial or
non-commercial message.
Off -Premises Sign: Any sign conveying a commercial or non-commercial message which
directs attention to an off-site business, commodity, service, entertainment venue,
attraction or other commercial or non-commercial activity, including any outdoor
advertising billboard, Animated Sign or Electronic Sign on which display space may or
may not be leased or rented.
(Modify the definition for Reader Board:)
Reader Board: A sign or portion thereof with characters, letters or illustrations that can be
changed or rearranged without altering the face or surface of the sign or signboard. A sign on
which the message changes more than eight times per day shall be considered an Animated or
Electronic sign and not a reader board sign. A sign on which the only copy that changes is an
electronic or mechanical indication of time or temperature shall be considered a 'time and
temperature" portion of a sign and not a reader board sign,
or take any other action with respect thereto
Community Planning and Development Commission
ARTICLE 13 To see if the Town will vote to amend the Reading Zoning Map dated
April 8, 2013, as referenced in Section 3.2 of the Reading Zoning Bylaws Reading Zoning
Bylaw, and to amend Section 4.9.2 Planned Unit Development- Residential (PUD -R), as follows:
(Bold represents new language)
To amend the Reading Zoning Map, dated April 8, 2013, as previously amended, as referenced
in Section 3.2 of the Reading Zoning By-laws, to include within the Planned Unit Development -
Residential Corona District Overlay (PUD -R -C), a certain parcel of land containing 26,019
square feet, more or less, which parcel is situated northwesterly of Longwood Road and abuts
the southeasterly boundary of the PUD -R, such parcel being bounded and described as follows:
Northwesterly by land now or formerly of Johnson Woods Realty Corporation, 346.72 feet;
Easterly by land now or formerly of Emerson, Crupi and Bergen, 180.32 feet;
Southeasterly by land now or formerly of Trojer, 202.92 feet; and
Southwesterly by land now or formerly of Canuso, 85.99 feet.
Being the same premises shown as Lot A on the plan entitled "Plan of Land in Reading, Mass.;
Hayes Engineering, Inc; Date: July 25, 2011; Revised September 22, 2011", recorded at the
Middlesex South District Registry of Deeds as Plan No. 678 of 2011, copies of which plan are
on file with the Reading Town Engineer and the Community Planning and Development
Commission.
To insert the following paragraph after the first two paragraphs in section 4.9.2.
The Planned Unit Development Residential Corona District (PUD -R -C) is an overlay
district in a residential zone that abuts a PUD -R Overlay District and is Intended to serve
solely as a vegetated buffer and offset area to satisfy dimensional requirements in the
PUD -R Overlay District
To insert the following sentence at the end of paragraph (d) Residential Setbacks in Section
4.9.6.4.2:
The CPDC may allow the required 20 foot residential setback strip for dwellings In a PUD -
R parcel to be measured from the outer boundary of an abutting parcel in the PUD -RL
District provided that there are no buildings an that PUD -R -C parcel.
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 14 To see if the Town will vote to amend the Town of Reading Zoning Bylaw Section
4.2.2 Table of Uses, Section 6.1.1.3 the Table of OH -Street Parking and Loading/Unloading
Requirements and Section 5.1 .2 Table of Dimensional Controls to establish reasonable
regulations for Exempt Uses under Massachusetts General Law (MGL) Chapter 40A Section 3
as follows:
(Bold represents new language, SHikethreugh represents deleted language)
Section 4.2.2 Table of Uses
PRINCIPAL USES
RES
BUS
BUS
BUS IND
40
A-80
A
B
C
"ResRES
School
s
Yes
Yes
Yes
Yes Yes
Church
s
Yes
Yes
Yes
I Yes Yee
Section 6.1.1.3 Table of Off -Street Parking and Loading/Unloading Requirements
' Uses as Defined in MGL Chapter 40A, Section 3, these uses shall be permitted by -right
in all districts and subject to "reasonable regulations" as defined therein.
Principal Use
Minimum Number of Off -Street Parking
Spaces Required
Minimum Number of Off.
Street Loading and Unloading
Spaces Required
School
Nursery/ Kindergarten/
None.
ElementarylMiddle Schools: 1 space
per each employee on the largest shift
plus 1 space per 7 students
Minimum Lot
High Schools: 1 space per each
Masimem
Lot
Mmeimum
Building
employee plus one space per each 3
id
Width
Cycle
Diameter
I"
Arca
Square Feet
Sq: Feet
students.
Yard
From
WE
Church
side
Yard
Rem
None.
Height
Peor
One space for each three hundred (300)
square feet of gross floor area or
fraction thereof.
5.1.2 Table of Dimensional Controls
5.1.2 Table of Dimensions] Controls in fact unless otherwise noted
Welcome Lot u_._
V&- Maximum
Minimum Lot
Setback Requirement
Minimum
Masimem
Lot
Mmeimum
Building
id
Width
Cycle
Diameter
I"
Arca
Square Feet
Sq: Feet
nts
ge° Feet
Yard
From
WE
Yard
Side
Fed
side
Yard
Rem
CoofLgverage
Height
Peor
One or Two Family
Dwelling
In S-15 District
60
15,000
100
20
IS
20
25
35
In S-20 Districts
80
20,000
120
20
15
20
25
35
In S40 Districts
80
40000
200
20
IS
20
25
35
In A40 Districts
1 10.000
80
1 20
15 1
20
25
40
In BUS -A Districts
NA
NA
15
10
20
25
45
Airsumand:
80000
NA
NA
30
30
N.A
60
In A40 Districts
40,000
80
30
30
30
25
40
In A-80 Districts
80 000
NA
60
60
60
12.5
60
In BUS -A Districts
40,000
NA
15
30
30
25
40
cts
In S-EDistricts
100 000+
100
20
15
20
25
35
In S•
100 000+
120
20
15
20
25
35
In Scts
100 000+
200
20
15
20
25
35
In Aicts
100 000+
80
20
15
20
25
40
In Aeo
100-000+
NA
20
NA
NA
NA
60
Or take any other action with respect thereto
Community Planning and Development Commission (CPDC)
Community Planning and Development Commission
ARTICLE 15 To see 8 the Town will vote to add a new Section 4.13 "Temporary
Moratorium On Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries' and
amend Section 2.0 "Definitions" to include Medical Marijuana Treatment Centers/Registered
Marijuana Dispensaries of the Town of Reading Zoning By -Law as follows: (note: bold
represents new language)
Hotel or Motel
In Bus -A Districts
NA
NA
50
10
20
60
45
In Bus -B Districts
NA
NA
NA
NA
20
85
45
In Bus -C Districts
NA
NA
10
10
10
60
55'a
In Ind Districts
NA
NA
50
20
20
25
60'
Other permitted
principal Use
In S-15 Districts
IS 000
100
20
15
20
25
35
In S-20 Districts
1 20,000
120
120 1
15
20
:
35
In S-40 Districts
40,000
200
20
15
1 20
25
35
In A-40 Districts
10,000
80
20
NA
NA
NA
40
In A-80 Districts
80,000
NA
20
NA
NA
NA
60
In BUS -A Districts
NA
NA
IS
10
20
60
45
In BUS -B Districts
NA
NA
NA
NA
20
85
45
In BUS -C Districts
NA
NA
10
10
10
60
55••
In Ind Districts
NA
NA
50
20
20
60
60•
Exempt Uses—
School and Church
In S-15 Districts
15 ,000
100
IS 1
30
30
15
35
In S-20 Districts
20,000
120
15 130
130
25
35
In S-40 Dbsricts
40,000
200
]5
30
30
25
35
In A-40 Districts
10,000
8o
N.A.
30
30
N.A.
40
In A-80 Districts
80,000
N.A.
N.A
30
30
N.A
60
In BUS. A Districts
N.A.
N.A.
10
30
30
60
45
In BUS -B Districts
N.A.
N.A.
N.A.
30
30
85
45
In BUS -C Districts
N.A.
N.A.
10
30
30
60
55
In Ind Districts
N.A.
N.A.
50
30
30
60
60
-Except as provided in Section 5.2.5.3.
" Fifty-five (55) feet, except ninety-five (95) feet if the structure, is located within four hundred (400) feet of the property
line adjacent to Route 128, as it exists on May I, 2000, including ramps, and south of Jacob Way and excluding areas
within two hundred (200) feet of the residential zoning district to the west, all as more specifically shown on a plan
entitled: "Plan Showing Height Limitation and Setback Areas, Business C District in Reading, Mass.," dared March 27,
2000 Scale 1" — 60', by Hayes Engineering, Inc. on file with the Reading Town Clerk
Or take any other action with respect thereto
Community Planning and Development Commission (CPDC)
Community Planning and Development Commission
ARTICLE 15 To see 8 the Town will vote to add a new Section 4.13 "Temporary
Moratorium On Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries' and
amend Section 2.0 "Definitions" to include Medical Marijuana Treatment Centers/Registered
Marijuana Dispensaries of the Town of Reading Zoning By -Law as follows: (note: bold
represents new language)
Section 2.0 Definitions:
2.2.21.2 Medical Marijuana Treatment CenterlRegistered Marijuana Dispensary: "a not-
for-profft entity, as defined by Massachusetts law only, registered by the Department of
Public Health (DPH) as a Registered Marijuana Dispensary, that acquires, cultivates,
possesses, processes (including development of related products such as food,
tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses,
or administers marijuana, products containing marijuana, related supplies, or
educational materials to qualifying patients or their personal caregivers."
2.2.21.3 - Mixed Use: The combining of retail/commercial and/or service uses with
residential or office use In the same building or on the same site. (Note: this change is a
result of renumbering)
Section 4.13 Temporary Moratorium on Medical Marijuana Treatment Centers/
Registered Marijuana Dispensaries
4.13.1 Purpose
By vote at the State election on November 6, 2012, the voters of the Commonwealth
approved a law regulating the cultivation, distribution, possession and use of marijuana
for medical purposes. The law provides that it is effective on January 1, 2013. On May 8,
2013 the State Department of Public Health (DPH) promulgated regulations that are
effective on May 24, 2013. The regulations promulgated by the State Department of
Public Health provide guidance in regulating medical marijuana, including Medical
Marijuana Treatment Centers/
Registered marijuana Dispensaries (see Section 2.2.21.2 for definition). The Town needs
time to study and consider the regulation of Medical Marijuana Treatment
CenterslRegistered Marijuana Dispensaries. This includes issues related to planning,
public health and public safety, as well as to evaluate the potential impact of the State
regulation on local zoning. The Town intends to adopt a temporary moratorium on the
use of land and structures in the Town for Medical Marijuana Treatment
Centers/Registered Marijuana Dispensaries so as to allow the Town sufficient time to
engage in a planning process to address the effects of such structures and uses in the
Town and to enact bylaws in a manner consistent with sound land use planning goals
and objectives.
4.13.2. Temporary Moratorium on Medial Marijuana Treatment Centers/Registered
Marijuana Dispensaries
For the reasons set forth above and notwithstanding any other provision of the Zoning
Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of
land or structures for a Medical Marijuana Treatment Center/Registered Marijuana
Dispensary. The moratorium shall be in effect through November 10, 2014. During the
moratorium period, the use of land or structures for a Medical Marijuana Treatment
Center/Registered Marijuana Dispensary shall be prohibited.
Nothing contained in this Article shall be construed to permit or authorize to be
permitted, the use of land or structures for any activity Involving marijuana, other than as
a Medical Marijuana Treatment Center/Registered marijuana Dispensary.
4.13.3. Planning Process
During the temporary moratorium established in Section 4.13 — 4.13.2, the Town shall
undertake a planning process to address the potential effects of Medical Marijuana
Treatment Centers/Registered Marijuana Dispensaries and other land uses and
structures related to the use of marijuana for medical purpose. In doing so, the Town
shall consider the DPH regulations and shall make recommendations regarding the
adoption of new Zoning Bylaw provisions governing the location, operation and effects
of Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries and other
land uses and structures related to the use of marijuana for medical purposes. This
process shall coincide with a comprehensive update of the Zoning Bylaw and be part of a
larger planning process for consideration at Subsequent Town Meeting in November of
2014,
or to act in any other manner in relation thereto.
Community Planning and Development Commission
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 12,
2013, or providing in a manner such as electronic submission, holding for pickup or mailing, an
attested copy of said Warrant to each Town Meeting Member.
Hereof fail not and make due return of this Warrant with your doings thereon to the Town
Clerk at or before the time appointed for said meeting.
Given under our hands this 8 N day of October 2013.
SELECTMEN OF READING
o C. Segalla, CoA table