HomeMy WebLinkAbout2014-09-29 Special Town Meeting Warrant ReportE
SPECIAL TOWN MEETING
SEPTEMBER 29, 2014
TABLE OF CONTENTS
Artie Title Sponsor Page
•
1
Reports
Board of Selectmen
2
2
Instructions
Board of Selectmen
2
3
Amending the Capital Improvement
Board of Selectmen
3
Program FY2015 — FY2024
4
Dispose of Surplus Tangible Properties
Board of Selectmen
5
5
Rescind Debt Authorization
Board of Selectmen
5
6
Transferring Previous Debt Authorization
Board of Selectmen
6
in the amount of $94,685 to the West
Street Proiect
7
Debt Authorization for $2.5 million Water
Board of Selectmen
7
Main Improvements
6
Amend the FY2015 Budget
Finance Committee
6
Community Planning and
9
9
Zoning Bylaws — Section i
Development Commission
10
Zoning Bylaws — Section 3
Community Planning and
12
Development Commission
11
Zoning Bylaws — delete Section 4.5
Community Planning and
17
(Wetlands Protection District
Development Commission
12
Zoning Bylaws — delete Section 4.6
Community Planning and
19
Mixed Use Overlay District
Development Commission
13
Zoning Bylaw Changes — Medical
Community Planning and
24
Marijuana
Development Commission
14
Bylaw Instruction to the Finance
Committee
Board of Selectmen
29
15
Bylaw Changes — Finance Committee
Board of Selectmen
30
APPENDIX
Capital Improvement Program
Blue Pages
32
Conduct of Town Meeting
46
Town Meeting Handout Guidelines
53
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11
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COMMONWEALTH OF MASSAFHUTTS
1014 SEP SE8 F,4 10:
0 53
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on September 4 , 2014 notified and warned the inhabitants of the
Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the place and
at the time specified by posting attested copies of this Town Meeting Warrant in the following
public places within the Town of Reading:
Precinct 1
J. Warren Killam School, 333 Charles Street
Precinct 2
Reading Police Station, 15 Union Street
Precinct 3
Reading M-unlcipall.iglit 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 September 29, 2014, 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
September 4;2014.
A true copy Attest:
1
4.�
ohn Segalla ,Constable
TOWN WARRANT •
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44
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 Town elections and Town
affairs, to meet at the Reading Memorial High School Performing Arts Center, 62 Oakland
Road, in said Reading, on Monday, September 29, 2014, 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
Backaround: This article appears on the Warrant for all Town Meetings. At this Special Town
Meeting, the following report(s) are anticipated:
➢ Update on Permanent Building Committee (Bylaw Committee Chair Stephen Crook)
➢ Update on Charter Review Committee (Chair Alan Foulds)
➢ Update from ad hoc Zoning Advisory Committee (Chair Marais West)
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
Backaround: This Article appears on the Warrant of all Town Meetings. There are no known
Instructional Motions at this time. The Town Moderator requires that all proposed Instructional
Motions be submitted to the Town Clerk in advance so that Town Meeting Members may be
"warned" as to the subject of an Instructional Motion in advance of the motion being made.
Instructional Motions are normally held until the end of all other business at Town Meeting.
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G,
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 3 To see K the Town will vote to amend the FY2015 - FY24 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
Backaround: This Article is included in every Town Meeting Warrant. The Reading General
Bylaw states (section 8.1.3) '... No funds may be appropriated for any capital item unless such
item is included in the Capital Improvements Program, and is scheduled for funding in the Fiscal
Year in which the appropriation is to be made.' Bond ratings agencies also want to ensure that
changes to along -term CIP are adequately described. The following changes are proposed to
the 2015-2024 CIP:
runa
$266.000 requested in September as follows:
$150,000 DPW Snow Holder #c3 (replacing 2008 item)
$ 75,000 School Technology (moved up from FY16)
+$ 33,000 School Facilities — Joshua Eaton roof (phase 1) increase from $392,000 to $425,000
+$ 27,000 Town Technology - $15,000 for Audience Response Systems (hand held polling
devices) and $12,000 Cemetery online system modules (moved up from FY16)
+$ 6,000 Town Facilities - Police Station move $30,000 from flooring to $36,000 HVAC work
$ 0 School Facilities - masonry repairs move $18,000 from Parker to RMHS
($ 25,000) Community Services - Elder/Human Services van reduced from $39,000 due
to grant received
$680.000 requested In November as follows:
$400,000 School Facilities - Joshua Eaton roof Phase II (increased from $392,000 and
moved up from FYI 6)
$100,000 School Facilities - Parker MS multipurpose room repairs
$ 80,000 DPW Fuel Management System
$ 50,000 Town Facilities - Town Hall generator (moved up from FY16 and incr. from $20,000)
$ 50,000 DPW Pickup Truck #2 (moved up from FY16)
$220,000 DPW Truck #8 (moved up from FY18)
$ 72,000 DPW Truck #24 (moved up from FY18)
$ 37,000 Community Services/Recreation - Joshua Eaton backstop (moved up from FYI 7)
$ 34,000 DPW Pickup #2 (moved up from FY20 and reduced by $11,000)
$ 20,000 School Facilities — Birch Meadow HVAC (moved up from FY17 and increased
by $4,000)
$ 8,000 School Facilities — Barrows & r(illam HVAC increased to $15k each
$ 0 DPW Cold facilitylcemetery garage work moved out one year due to
Increased project scope and cost (shown as debt)
($12,000) Town Technology — Cemetery online system modules (moved up to FY15)
($ 17,500) DPW SKAG 52° Mower (moved out to FYI 8)
($ 20,000) Town Facilities: Town Hall generator (moved up to FY15)
($ 26,800) DPW Hwy Int Compr (moved out to FY18)
($ 32,400) DPW Bobcat Loader (moved out to FY19 and increased by $400)
($ 40,000) DPW Lebot Roller (moved out to FYI 8)
($ 40,000) DPW Mobark Chipper (deleted)
($ 41,500) Fire Passenger Car#1 (moved out to FYI 7)
($ 50,000) DPW Pickup 92 (moved up to FY75)
($ 72,000) DPW Truck #24 (moved out to FYI 8, reduced by $8,000 to $64,000)
($ 75,000) School Technology (moved up to FY15)
($115,000). DPW Truck #10 (moved out to FYI 8)
($120,000) DPW Woodsman Chipper (moved out to FY 17)
($392,000) School Facilities — Joshua Eaton roof Phase II (moved up to FY15)
($500,000) RMHS turf field moved out two years as maintenance has improved status
FY17+
Water Enterprise Fund
FY15: $120.000
$2.5 million Water Main Improvements (shown as future debt expenses)
$120,000 Larch Lane water main project (moved up from FYI 6)
Finance Committee Report: The Finance Committee recommends the proposed amendments
to the FY 2015-2024 Capital Improvements Program by a vote of 8-0.0 at their meeting on
September 3, 2014. Placing items in the Capital Improvement Program is a prerequisite but in
itself does not authorize spending funds towards these items.
Bylaw Committee Report: No report.
By Charter, both the Finance Committee and Bylaw Committee are advisory to Town Meeting
and their votes must be reported to Town Meeting, preferably in writing in advance when
possible. Other volunteer Boards/Committee&Commissions (BCC) also vote on Warrant
Articles, and when possible those votes are noted herein with an asterisk (') nest to the name of
the BCC. Please note that the Board of Selectmen often act as the sponsor for Articles at Town
Meeting, but they may do so as a courtesy and not agree with it.
*Board of Selectmen Report: The Board of Selectmen at their meeting on September 2, 2014
voted 5-0.0 to support this Article.
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ARTICLE 4 To see if the Town will vote to authorize the Board of Selectmen to sell,
exchange, or dispose of, various items of Town tangible property, upon such terms and
conditions as they may determine; or take any other action with respect thereto.
Board of Selectmen
Background: The Department of Public Works purchased a new pavement spreader earlier this
summer, as was funded in the FY15 capital plan. In retrospect, they should have previously
requested that Town Meeting declare the old 1998 Leeboy Pavement Spreader as surplus and
then traded it in with that purchase. Instead, they received a FINCOM Reserve fund transfer of
$9,500 to complete the outright purchase for cash only. After Town Meeting declares this item
as surplus, DPW believes it will recoup the $9,500 in an outright sale. Those funds will flow to
cash reserves.
Finance Committee Report: The Finance Committee recommends this Article by a vote of
8-0-0 at their meeting on September 3, 2014. -
Bylaw Committee Report: No report.
*Board of Selectmen Report: The Board of Selectmen at their meeting on September 2, 2014
voted 5-0-0 to support this Article.
ARTICLE 5 To see if the Town will vote to amend the votes taken under Article 9 of
the November 8, 2010 Subsequent Town Meeting and Article 16 of the April 25, 2011 Annual
Town Meeting to reduce the amounts authorized thereby for Green School Repairs by $326,722
and $110,607 respectively; or take any other action with respect thereto.
Board of Selectmen
Background: Town Meeting authorized debt for the projects listed above, but the total amount
authorized was not needed in full and therefore never borrowed. The figures above represent
the difference between what was authorized and what was issued. Removing this surplus
authorization is a simple housekeeping issue that is important for bond rating agencies. In
contrast, the next Article represents debt that was authorized and borrowed, but not needed to
complete various projects.
Finance Committee Report: The Finance Committee recommends this Article by a vote of
8-0-0 at their meeting on September 3, 2014. This is a financial housekeeping issue only.
Bylaw Committee Report: No report.
*Board of Selectmen Report: The Board of Selectmen at their meeting on September 2, 2014
voted 5-0-0 to support this Article.
ARTICLE 6 To see if the Town will vote to transfer the sum of $69.172.79, to be •
added to the amounts appropriated under Article 8 of the November 12, 2013 Subsequent Town
Meeting and Article 10 of the April 28, 2014 Annual Town Meeting for the purpose of making
roadway, pedestrian and similar improvements to West Street, beginning from the Woburn City
Line and extending northerly to just north of its intersection with Willow Street, including paying
the costs of easements, consulting services, audits, plans, documents, cost estimates, bidding
services and all related expenses incidental thereto and necessary in connection therewith from
the following available funds:
$65.71 to be transferred from the unexpended proceeds of the Town's bonds, dated
January 1, 2005, which were issued for the construction of the Barrows School pursuant
to the vote taken under Article 5 of the December 10, 1998 Special Town Meeting;
$47.193.63 to be transferred from the unexpended proceeds of the Town's bonds, dated
March 22, 2012, which were issued for Green School Repairs pursuant to the vote taken
under Article 16 of the April 25, 2011 Annual Town Meeting; and
$21.913.45 to be transferred from the unexpended proceeds of the Town's bonds, dated
February 1, 2009, which were issued for the purpose of Technology Improvements
pursuant to the vote taken under Article 19 of the April 23, 2007 Annual Town Meeting;
and to authorize the Town Manager to take any action necessary or appropriate to carry out this
project; provided, however that no this vote shall not take effect until the Town Manager
determines, in his sole discretion, that sufficient funds have been authorized to complete the
project in a satisfactory manner, or take any other action with respect thereto.
Board of Selectmen
Background: These sums were borrowed for the listed projects and remain as surplus to the
completed projects. Under Massachusetts General Laws these surplus funds may be
transferred to other 'like' projects. The term 'like' in this instance refers to the legal maximum
tens that debt may be issued for the various purposes, or 15 years in this case. Typically
Reading likes to issue debt that is shorter than allowed in order to save significant interest costs.
The State has asked for bids for the West Street project but they are not yet due. This Article
simply adds a bit of a cushion to the $1.3 million already authorized for this project by Town
Meeting. Any future surplus or deficit in this project will come back to Town Meeting once they
are identified for certain.
Finance Committee Report: The Finance Committee recommends this Article by a vote of
8-0-0 at their meeting on September 3, 2014.
Bylaw Committee Report: No report.
`Board of Selectmen Report: The Board of Selectmen at their meeting on September 2, 2014
voted 5-0-0 to support this Article.
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ARTICLE 7 To see if the Town will vote to raise and appropriate, borrow, transfer
from available funds, or otherwise provide a sum or sums of money for the purpose of making
water main improvements, including paying the costs of easements, 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 water main 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
Backaround: The Town has previously identified and shown Town Meeting a plan for a
significant amount of capital improvements needed for our Water infrastructure, to be done over
the next 25+ years. Below is a recap of this capital work that is planned:
Phase 1 has two parts — the first has already been bid out, but the second will be bid this winter.
`.. - Below are the actual and estimated costs for these two parts:
Phase 1 Low Bid Estimate TOTAL
Part 4
R1 $3.45 963
Part #R2 1 $4.0 million +/-
$7.5 million +/-
Town Meeting has previously approved the first $5.0 million of water main debt towards these
long-term capital needs. This Article requests an additional authorization of $2.512 million. The
total of $7.512 million is expected to cover the entire Phase 1 project.
The financing explains why the apparently odd amount of $2.512 million of additional debt
authorization is requested. The Town has borrowed $4.012 million from the MWRA at zero
interest cost for ten years (the maximum amount allowed). This leaves an authorization of
$0.988 million on the books. Adding $2.512 million will bring the total unissued authorization to
$3.5 million, which we will look to borrow in the public markets this winter, when we also borrow
for the Library and West Street projects.
This large zero interest loan from the MWRA allows the second part of Phase 1 to be started
sooner than previously planned, with debt payments due beginning in the FY16 budget.
Finance Committee Report: The Finance Committee recommends this Article by a vote of
0-0-0 at their meeting on September 3, 2014.
Bylaw Committee Report: No report.
Current Cost
Debt Payments
Phase 1
$ 7.512 mil
FY15-FY25
Phase 2
$ 5.0 mil
FY23-
Phase 3
$ 7.5 mil
FY25-
Phase 4
$15.0 mil
TBA
Phase 1 has two parts — the first has already been bid out, but the second will be bid this winter.
`.. - Below are the actual and estimated costs for these two parts:
Phase 1 Low Bid Estimate TOTAL
Part 4
R1 $3.45 963
Part #R2 1 $4.0 million +/-
$7.5 million +/-
Town Meeting has previously approved the first $5.0 million of water main debt towards these
long-term capital needs. This Article requests an additional authorization of $2.512 million. The
total of $7.512 million is expected to cover the entire Phase 1 project.
The financing explains why the apparently odd amount of $2.512 million of additional debt
authorization is requested. The Town has borrowed $4.012 million from the MWRA at zero
interest cost for ten years (the maximum amount allowed). This leaves an authorization of
$0.988 million on the books. Adding $2.512 million will bring the total unissued authorization to
$3.5 million, which we will look to borrow in the public markets this winter, when we also borrow
for the Library and West Street projects.
This large zero interest loan from the MWRA allows the second part of Phase 1 to be started
sooner than previously planned, with debt payments due beginning in the FY16 budget.
Finance Committee Report: The Finance Committee recommends this Article by a vote of
0-0-0 at their meeting on September 3, 2014.
Bylaw Committee Report: No report.
'Board of Selectmen Report: The Board of Selectmen at their meeting on September 2, 2014
voted 5-0-0 to support this Article.
ARTICLE 8 To see If the Town will vote to amend the Town's Operating Budget for
the Fiscal Year commencing July 1, 2014, as adopted under Article 14 of the Annual Town
Meeting of April 28, 2014; and to see if the Town will vote to raise and appropriate, borrow or
transfer from available funds, or otherwise provide a sum or sums of money to be added to the
amounts appropriated under said Article for the operation of the Town and its government, or
take any other action with respect thereto.
Finance Committee
Background:
General Fund — Wages and Expenses
Account Line
Description
Decrease
Increase
B99 -Benefits
($25,000) Worker Compensation Insurance
$25,000
Premiums
C99 - Capital
$150,000 DPW Snow Holder
$266,000
$ 75,000 School Technology
$ 33,000 School Fac: J. Eaton roof Phasel
$ 27,000 Town Technology: Audience
Response and Cemetery systems
$ 6,000 Town Fac: - Police HVAC project
($ 25,000) Elder/Human Services van
D99 — Debt
($350,000) for the West Street roadway project
$350,000
Service
E99 — Vocational
$80,000 for Essex North Shore Agricultural
$80,000
Education
F99 — FINCOM
$9,500 spent on DPW capital purchase pre-
$9,500
Reserves
trade-in
G92 — Admin.
$100,000 legal expenses
$115,000
Service expenses
$15,000 Property Casualty Insurance Premiums
K92 — DPW
$18,000 Traffic Controls due to lightning strikes
$25,000
expenses
$ 7,000 Highway Supplies (emergency stone
Subtotals
$376000
$496600
Net Operating Expenses
$120,600
From Tax Levy, State Aid and Other Local
$120,600
Receipts
$ 77,417 State Aid
$ 43,083 Excise taxes
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GEnterprise Funds —Wages and Expenses
Account Line
Descriogon
Decrease
Increase
W99 - Water
$120,000 Larch Lane water main project (moved
up from FY16)
4120,000 Water main debt service (no interest
loans plus borrow only $4.012 million versus $5
million for FY15 repayments)
Subtotals
$9
$0
From Operating Transfers and Available
$0
Funds(Water Reserves -
Finance Committee Report: The Finance Committee recommends all but two items listed in
this Article (not including the $75,000 School Technology nor the $7,000 in DPW stone for
which there was insufficient information) by a vote of 8-0-0 at their meeting on September 3,
2014. Subsequently at their meeting on September 10, 2014 more information was provided
and FINCOM voted 8-0-0 to recommend both the School Technology and DPW stone funding.
Bylaw Committee Report: No report.
'Board of Selectmen Report: The Board of Selectmen at their meeting on September 2, 2014
voted 5-0-0 to support this Article.
ARTICLE 9: To see K the Town will vote to amend the Zoning Bylaw by deleting
Section 1 thereof in its entirety and replacing it with the following:
1.0 AUTHORITY AND PURPOSE
1.1 This Bylaw shall be known and may be cited as the 'Zoning Bylaw of the Town of
Reading, Massachusetts'
1.2 The Zoning Bylaw is adopted pursuant to Chapter 40A and Chapter 40R of the General
Laws of the Commonwealth of Massachusetts.
1.3 The purposes of the Zoning Bylaw include:
a) To promote the public health, safety, welfare, and convenience of residents and
property owners within the Town of Reading;
b) To secure safety from fire, flood, panic, congestion and other dangers;
c) To conserve the value of land and buildings, including the conservation of natural
resources and the prevention of blight and pollution of the environment;
d) To encourage compatible development and appropriate use of the land and
resources throughout the Town of Reading, including consideration of
comprehensive plans adopted by the Town of Reading;
e) To encourage an orderly expansion of the lax base by utilization, development, and
redevelopment of land;
f) To encourage increased housing production, including housing for persons of
varying income levels and individual needs;
g) To facilitate the adequate provision of transportation, water, water supply, drainage,
sewerage, schools, parks, open space and other public infrastructure;
h) To preserve natural conditions and historic sites and to enhance beauty and
amenities;
1) To establish a fair and reasonable set of standards for evaluating each development
proposal impartially;
)) To provide adequate light and air; and
k) To encourage smart growth in the Town of Reading.
or take any other action with respect thereto.
Community Planning & Development Commission
Background: Over the past year the Zoning Advisory Committee (ZAC) has been working on
the Comprehensive Update to the Zoning Bylaw. The zoning update has been conducted with
the assistance of a specialized zoning consultant, extensive public participation as well as input
from the Community Planning and Development Commission (CPDC) and Town Staff. Article
9 is recommended by the ZAC.
Section 1 identifies the Authority and Purpose of the Zoning Bylaw. Article 9 deletes the
existing Section 1 and inserts a new updated Section 1. The new Section 1, Authority and
Purpose, has been updated to be consistent with State Statue, Massachusetts General Law
Chapter 40A and Chapter 40R. In addition, the purposes included in Section 1 have been
updated to be more comprehensive and better reflect Town goals and land use plans that have
been adopted.
Below is a side-by-side view of the proposed changes to Section 1.
Existing
Proposed
1.0 PURPOSE
1.0 AUTHORITY AND PURPOSE
1.1 The purposes of this Zoning
1.1 This Bylaw shall be known and may be
Bylaw include, but are not limited to,
cited as the 'Zoning Bylaw of the Town of
the following:
Reading, Massachusetts'
a To promote the health, safety and general
1.2 The Zoning Bylaw is adopted pursuant to
welfare of the inhabitants of the Town of
Chapter 40A and Chapter 40R of the
Reading;
b To lessen congestion in the streets;
General Laws of the Commonwealth of
c To conserve health;
Massachusetts.
d To secure safety from fire, Flood panic,
1.3 The purposes of the Zoning Bylaw
congestion and other dangers;
include:
e To provide adequate light and air,
f To prevent overcrowding of land;
g To avoid undue concentration of population;
a) To promote the public health, safety,
h To encourage housing for persons of all
welfare, and convenience of residents and
property owners within the Town of
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I To facilitate the adequate provisions of
transportation, water, water supply,
drainage, sewerage, schools, parks, open
space and other public requirements;
j To conserve the value of land and buildings,
including the conservation of natural
resources and the prevention of blight and
pollution of the environment;
k To encourage the most appropriate use of
land throughout the Town of Reading,
including consideration of the
recommendations of comprehensive plans
adopted by Town Meeting; and
I To preserve natural conditions and historic
sites and to enhance beauty and amenities.
Finance Committee Report: No report.
b) To secure safety from fire, flood,
panic, congestion and other dangers;
C) To conserve the value of land and
buildings, Including the conservation
of natural resources and the
prevention of blight and pollution of
the environment;
d) To encourage compatible
development and appropriate use of
the land and resources throughout the
Town of Reading, including
consideration of comprehensive plans
adopted by the Town of Reading;
e) To encourage an orderly expansion of
the tax base by utilization,
development, and redevelopment of
land;
f) To encourage increased housing
production, including housing for
persons of varying income levels and
individual needs;
g) To facilitate the adequate provision of
transportation, water, water supply,
drainage, sewerage, schools, parks,
open space and other public
infrastructure;
h) To preserve natural conditions and
historic sites and to enhance beauty
and amenities;
1) To establish a fair and reasonable set
of standards for evaluating each
development proposal impartially;
j) To provide adequate light and air, and
k) To encourage smart growth in the
Town of Reading.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 5-0-0
at their meeting on September 4, 2014.
'CPDC Report: The CPDC will make their reports on the Zoning Articles on the floor of Town
Meeting after holding a Public Meeting, as is their custom.
*Board of Selectmen Report: Although the Board does not usually take a position on Zoning
Articles, in the case of the ad hoc Zoning Advisory Committee Selectman Marsie West is
serving as the ZAC Chair, and the Board wants to ensure that Town Meeting understands that
they are in full support of this year-long Zoning project. The Board of Selectmen at their meeting
on September 2, 2014 voted 5-0-0 to support this Article.
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ARTICLE 10: To see if the Town will vote to amend the Zoning Bylaw by
deleting Section 3 thereof in its entirety and replacing it with the following:
3.0 ESTABLISHMENT OF DISTRICTS
3.1 Districts
The Town is hereby divided into the following zoning districts as shown on the Reading Zoning
Map:
Type
Full Name
Short Name
Residence
Single Family 15 District
S-15
Residence -
Single Family 20 District
5-20
Residence
Single Family 40 District
5-40
Residence
Apartment 40 District
A-40
Residence
Apartment 80 District
A-80
Business
Business A District
Bus A
Business
Business B District
Bus B
Business
Business C District
Bus C
Industrial
Industrial
Ind
Overlay
Flood Plain District
F
Overlay -
Municipal Building Reuse District
MR
Overlay
National Flood Insurance
NF
Flood Management District
Overlay
Aquifer Protection District
AQ
Overlay
Planned Unit Development
PUD
Overlay
Planned Residential Development
PRD
Overlay
Gateway Smart Growth District
GSGD
Overlay
Downtown Smart Growth District
DSGD
3.2 Zonina Mao
Districts are shown, defined and bounded on a map, dated April 8, 2013 and entitled 'Reading
Zoning Map,' as amended, consisting of an index map and 61 detailed maps, prepared, signed
and approved by the Community Planning and Development Commission (CPDC), which
constitutes a part of the Zoning Bylaw.
F
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Appended to the Reading Zoning Map and incorporated therein are:
• The "Flood Insurance Rate Map, Massachusetts Middlesex County, Massachusetts"
consisting of 7 panels, dated June 4, 2010, which are appended to the Reading Zoning
Map as Exhibit 1; and
• The map entitled "Aquifer Protection Overlay District Map, Town of Reading" dated
September, 1985 consisting of 1 panel which is appended to the Reading Zoning Map
as Exhibit 2.
The Reading Zoning Map shall be kept on file and current by the Town Engineer, who shall
supply copies to the Town Clerk, the Town Planner, the Building Inspector, the Board of
Appeals and the CPDC.
3.3 Boundaries of Districts
Boundaries of zoning districts shall be interpreted as follows:
3.3.1 Any boundary indicated on the Reading Zoning Map as being within a street or railroad
right of way shall be interpreted to be along the center line of such street or right of way.
3.3.2 Any boundary Indicated on the Reading Zoning Map as being approximately parallel to a
( street or railroad right of way, with a single dimension noted, shall be interpreted to be parallel
to, and located the noted distance from, the center line of such street or right of way.
3.3.3 Any boundary indicated on the Reading Zoning Map as being approximately parallel to
the bank of a river, stream, lake, pond or other surface water body or watercourse, together with
a single noted dimension, shall be interpreted to be parallel to, and located the noted distance
from:
• The elevation, at the bank of a lake, pond or similar surface water body, where
vegetation changes from predominately terrestrial to aquatic; or
• The elevation, along the bank of a river, stream or similar watercourse, where the annual
high water has left a definite mark in the channel
3.3.4 Any boundary indicated on the Reading Zoning Map together with two or more
dimensions shall be interpreted to be located so as to be consistent with such dimensions.
3.3.5 Any boundary indicated on the Reading Zoning Map as approximately following property
lines In existence atthetime of the establishment of such boundary shall be interpreted to be
along such property lines.
3.3.6 Any boundary of an Overlay District that Is indicated on the Reading Zoning Map as a
contour shall be interpreted to be along the noted contour, based on mean sea level lines.
3.3.7 Any boundary of an Overlay District that is indicated on the Reading Zoning Map as
terminating at the end of drainage structures or other features, or extensions thereof, shall be
kw interpreted to terminate at such location.
13
0
3.3.8 All other boundaries shall be as indicated on the Reading Zoning Map
3.4 Lots In Two Districts
3.4.1 Where a district boundary line divides any lot existing at the time of the lines adoption,
any provision of the Zoning Bylaw applicable to a district in which the lot has frontage on a
street may be extended so as to be applicable to the portion of the lot that is not more than thirty
(30) feet from the district boundary line; provided, however, that this provision shall not apply to
any lot used for mufti -family housing.
or take any other action with respect thereto
Community Planning 8 Development Commission
Background: Over the past year the Zoning Advisory Committee (ZAC) has been working on
the Comprehensive Update to the Zoning Bylaw. The zoning update has been conducted with
-the assistance of a specialized zoning consultant, extensive public participation as well as input
from the Community Planning and Development Commission (CPDC) and Town Staff. Article
10 is recommended by the ZAC.
Section 3 identifies the zoning districts. Article 10 deletes the existing Section 3 and inserts a
new updated Section 3. The new Section 3, Establishment of Districts, has been updated and O
streamlined as part of the overall Comprehensive Update to the Zoning Bylaw. The changes
include deletion of two overlay districts andclarifyingregulations pertaining to lot boundaries
and lots in two districts. In addition, the changes will update the zoning map reference to the
Federal insurance Rate Maps (FIRM) to ensure the correct FIRM Map Dates are properly
identified as an Exhibit to the zoning map.
The two overlay districts being deleted include the Wetlands Protection District Overlay and the
Mixed Use Overlay. The Wetlands Protection District Overlay has been determined to be
obsolete as the State Wetland Protection Act and Local Wetland Protection Bylaw supersedes
the requirements contained in the Wetlands Protection District -Overlay. The Conservation
Commission has reviewed the proposed deletion and at a meeting on August 13, 2014 voted to
support the deletion of the Wetlands Protection District Overlay.
The Mixed Use Overlay District was initially adopted in 2005 with the goal of permitting mixed
commercial and residential uses that would otherwise not be allowed in the underlying zoning
district. However, the regulations contained in the Mixed Use Overlay District were challenging
to developers and as a result, no projects have been constructed under the Mixed Use Overlay
District. In 2009, the Town adopted the Downtown Smart Growth District under Massachusetts
General Law Chapter 40R. This overlay district allows for mixed use developments and also
contains design guidelines. The regulations for the Downtown. Smart Growth District reflect
modem and current planning and land use principals therefore rending the Mixed Use Overlay
District obsolete.
Below is a side-by-side view of the proposed changes to Section 3
J
14
G
EBTABLISNMEMT DP IyIS1 UM
3.1 Olabicte
Type
FUIIName
S' (IN
Residence
Single Femly 15 DMr,
S-15
Residence
Single Family M ebbed
SQO
Residence
Single Family 40 District
S<0
Residence
Apartment M Dlstrld
A-40
Residence
AParlmed 80 District
A-80
Business
Susimss A Derct
B.A
Business
Business S District
awe
Business
Business C DMricl
Stec
induMlal
Industrial
Ind
Wedgy
Flood Plain District
F
Overlay
Milands Protection District
W
Wally
Munblpal Building Reuse Distrlot MR
Oveday
National Flood Insurance
NF
MR
Fbod Management Mod
No "Flood Imuran
Overlay
Aquifer Aquifer Protection Doloot
AO
Money
Planned Untt Development
PUD
Weday
Palmed Residential Da"bpnent PRD
32 Zonine Mao
Cbtri ere shown, deaned and bounded on the mop Metal
April S, 2013 eMPoed 'Reading Zoning Map, as amended,
consisting of an Index map and 61 tletalled mope, prepared am
signed approved by ill Community Plannkg and Development
Commbebn, winch contMdas a pad of Mass Zoning Bylaw.
The 'Posting Zoning Map map MCMI be opal on ale all cumnt
by We Town Engineer onto shell supply copies b the Tovm
Clark, the Town Planner, 0e Building Inspector, Be Board of
Appeals and the CPDC. Me Tined Insurance Rab Map, Town
Of Reading, Meamchuvafte Middlesex County co s"i of T
panels, Mod June 4, 2012 all They are to b appended to 0m
'Reeding Zoning Map as Exhibits 1, 2, 3 all 4 the maps
scall 'Flood Insurance Rata Map, Town of Rssding,
Maassuhumlb Mlddbeex County with an efface" Mao dJuly
2, 1981 consisting of Panel 1 of 4, Panel 2 of 4, Pants 3 of 4
all Panel 4 of 4; and Exhibit 5 the map Mall'Aquiler
Protected Wedgy MOM Map, Town of Reading' could
September, 1965 cons ing of 1 Panel am Incorporated inb
all made a pad of the 'Reading Zoning Map.
32 BOaMarleaMDlMrlcte
12.1 ILO
blows.
32.1.1 Veere a boundary to indicated witltln a meat or
leaned right of way, the boundary Mall he the miner
It. of much Mod or right of way.
Veen a boundary Is IMbeted approxMately parelNl
to e atnM or miroid fight of my. tagether With a
single noted dmenmbn, R Mod be Interpreted as
pareMl and localed the noted distance from the
anter Rm of atoll Meet or dight of way.
When m boundary he tad ca ed together with leo or
Orem dimensions, A mail be Interpreted comtent
wmh such dimensions.
34 ESTABLISNMENTOFOISTRICB
DiWk1E
own Is hereby divided kind the bitewing zoning dlshlds as
,on the Readng Zoning Map:
IVIN
nun Name Short
N
Resdence
Single Family 15 District
S.15
Reactions
Single Family 20 District
S-20
ReMbrce
Single Family 40 DMrlot
SJO
Residence
Apartment 40 District
A-40
Resdence
ApammMW DISMd
A20
Business
Buaimss A Dlebld
BUSA
Business
Business B DIM
BM B
Business
Business C DWid
Busc
MtlusbMl
Induhial
IM
Weday
Flood cold Mind
F
Wally
Municipal BuBEing Rause District
MR
Overlay
No "Flood Imuran
NF
Feed Management Oleate[
Overlay
Aquifer Protection pbtrict
A0
Wedgy
Planned MR DevebpmeM
PUD
Overlay
Planned Residential Development PRD
Overlay
Getaway Smart Growth Mrct
GSW
Overlay
Ommoven Snead Growth District
DSGO
3.2 Zoning Mao
Dbbldsam Mown, dMmd M10 Wundedon a map, dated ApM 6,
M13oMertAWd eadlWZoning Map; mamended,c wonpof
an Inde, map all 61 deleeed maps, prepared, signed and approved
by Was Communlly, Nanning and Oevebpmnt CommbMon (CPDC),
other, comibnlea a pert of Me Zoning Bylaw.
Appended to the Reading Zoning Map all Incorporated therein am:
• The'FbM Insurance Rab Map„ Middlesex County,
Messachessde combtlng of] parols, dated June 4, 2010,
which em eppenced to Me Reading Zoning Map ae EMgt 1;
• The map en6tled'AguiM1r Proulcten Overby Mall Map,
Town M Rsedng' dined September, 1985 consisting of 1
panel winch isappanded W ihe Reading Zoning Map as
Eohlhit2.
The Reading Zoning Map shall he bull on Me end amts by Me
Town Engineer, woo Men suppy.0. an the Town Clank, Me Town
Pphner, the Bulldmg Inspector, the Board of Appeals all the CPDC.
32 Boundaries of Districts
Sourearbs Morning dbhics Mall be inserpeted as follows:
110.1 Any boundary Indicated on the Reading Zoning Map as being
within a street p mnmed dgMof way Mmll be hterpeuld b he abng
Ma miner ihe M such easel or sight of way.
blbwa property Ins In eaWrcs st the Whe of the
apploalmRely poralklto a steel or railroad Apia of eay, with a
eNedMmed W sue Wunery. 1 WI M "
alrybdWmonreted.NallM bderymiedbMparalblto, aid
Intermitted
bated Menoteddb nm Wm,MomderAreofsun NeatortgN
Allathen Wunarba WNWIndimbd upon the meP.
oleay.
3.2.13 vinare. Wedary of n O"Uay DWrkt Is Indcatsd
3.i2 Any Munary, Inducted on Ila Reeding Zoning Atep sa Wig
as a contour, the WUMary 00I M Me noted admur
plam"alNy p"alto to took of• Mer, scam, Wool, pond or
Msed on Ms men me Wei linea, to and of
oor aelau wan body oreaWlcouls, together with a Wgte
dW mge sfins tone or other Aah s, or ederrobs
noted dimension, shell W IMeryntetl b W parallel W, and bated
Mereof, it and be so Marpril
the noted dWece Wm:
Nfilen a Wundery Is IMbated as opproxlmalsly
parallel to a steel Me or Wnk of e eater belly or
watanomm, together wgh a single noted dnensbn,
Y stall M InWrpated as parallel and betted be
noted abnm tom such Neal Mie or to slevetbn,
et this MM of a water body, where vagaWllon
Wigs Win pradomotely terminal to equate,
and along the bank of a webraours where h
.nrel hgh water No let a dafinbit mark In Ma
channel.
3A1 Nora• delrot bouMWry line dflds• Int ass Wing No
Woe this Byl.w Wk..tect, and t» for person of weld M
W In the Was restricted dWdct, Me mgdatons nlotng In
Wild Ws nMrkWd disnot may eetend to sue potion el
sad M a. Is not mom than thirty (M Wel wMln Me mon
sell dlstkt no MAWon WII rot appy to any tri
.it ter apanimm.
2AIMnt M Distrk.4
21.1 Reearvetl
3A2 Resrued
31.2 Reserved!
7A1 ggee ,d
• The ohmft, st MSWnkofa MM, poM ersknarauaa
eater Wily, wham vegeWlbn Nary" not pladombatey
WMWWl b agwdc; a
• The elevation, along the Wank M e liver, steam or s h,
eatercoum, where Me some high voter has Wit a deAdW
mark In the channel.
A Any W unary Ind ceWd on the Randall Zoning dap together
t teen or mom cinnamon. shell M htamreted to W bated s as
is arandem vAM eoN dMensbns.
.I Airy WuM ryinflated on Ma Rsdng 2 ting Mapes
from ty Mbwing propody Ims h edalenm et o bme of gel
edWuned of sach boundary WI W Interpreted to W along such
11.I My WU ryMan Wady DWnWtMtlalndknWdonthe
Rveding Zoning Mops contour sleY W Inberpreted to W elory
Me noted come, W sed n men sea level In.
IA.7 Amy bounteryMn Overby DiNdcl tlatb brdcaWdoniM
Reading Zoning Map W,tion . IN at Me and of drainage airwums
or Mier be., or adenabm thereof, sivI W YMryreWd b
funnels N such ballon.
71J AIIOMH WUMadsa Wfi Wsa WkaWd rens Reacting
3AI Reserved
"I NfienadbtrW boedery YWi olvds aha MSINry e1tM
1Ysol Meim'ssapUm,nypmv nafbeaningiyWw
US Reserved
spplbade to a dial h welch to tel Mo hrdege on a street may
71.7 eservad
Wetlandedson as b M eppbtle to Me porWo Mlle M that le no
mon Man thirty (M Mt from the dlatW boundary lo; psbed,
3AI Reserved
however, tet this PmWn Nell not appy to any M Wei for mutt
family housing.
71.1 Reserved!
711n addition to the puroosas enameled In Bedlon I.D. IM
propos of to Fbodplaln DlNrict W to provide Mal ted In the
sato
&LI If
a To provide Mat lands N the Town M Reading sbjeM to
se, Aid or padede doodnq dal M eW uead M
raalarce or other wri os.o In a wooer as to aedergar,
the Wealth or safety of to oocupenW thi 1, crthe pudic
Wand, or W two. the.publk win mine n dhV from
Me ante a dkMul Wks of and saw,
b To protein, preserve and MenteN the water Wbb and
water reonage ere.. wnln the T. an as W pavenw
prevent Will potential eater supplies for the public hsalh
and safay of t. Taw. aM the likah"Mn Me; and
c To Wean Me continuation of Me WiWral flow pahern of
Me eater sesames wM in Reading aM b press. mNnl
food waver stooge ansa sa a. to pmteM prsns aha
property agoloothe Metra of food InudaWn.
16
•
•
pupnee of the Mwknlpal Bu MIN Reur Dlabiat M to
p kle kr tle wrrveMen of airplua n pal buiminpaeM
Me land on •filch they an aihebd b p&@o@ up, M a
manner ed, h enwvapea nolo ndal devNopme,t and uee,
et" le aihn ed aM "" (wtela IleaUlly and aeaWhy of
dwabp.nt for the p Wbenetb.
Finance Committee Report: No report
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 5-0-0
at their meeting on September 4, 2014.
"CPDC Report: The CPDC will make their reports on the Zoning Articles on the Floor of Town
Meeting after holding a Public Meeting, as is their custom.
'Board of Selectmen Report: The Board of Selectmen at their meeting on September 2, 2014
voted 5-0-0 to support this Article.
ARTICLE 11: To see if the Town will vote to amend the Zoning Bylaw by
deleting Section 4.5 thereof in its entirety, or to take any other action with respect thereto.
Community Planning and Development Committee
Background: Over the past year the Zoning Advisory Committee (ZAC) has been working on
the Comprehensive Update to the Zoning Bylaw. The zoning update has been conducted with
the assistance of a specialized zoning consultant, extensive public participation as well as input
from the Community Planning and Development Commission (CPDC) and Town Staff. Article
11 is recommended by the ZAC.
Section 4.5 identifies a Wetlands Protection District. Article 11 deletes Section 4.5, Wetlands
Protection District, of the Zoning Bylaw.
The Wetlands Protection District was established to help protect wetland areas within Reading.
However, after review of the Wetlands Protection District Regulations, the ZAC, CPDC as well
as the Conservation Commission determined that the district regulations were superseded by
the State Wetlands Protection Act as well as Reading's Local Wetland Protection Bylaw
contained within the Section 7.1 of the General Bylaw. Therefore in an overall effort to
streamline, clarify and simplify the Reading Zoning Bylaw, the ZAC has recommended Section
4.5 be deleted. Below is a letter dated August 19, 2014 from the Chair of the Conservation
Commission indicating the Commission's support of the deletion.
Below is the entire Section 4.5 to be deleted.
4.5,1teserved
17
C-nnm--mn, Censer -at on
no report has hAgn recs,;ed-.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 5-0-0
at their meeting on September 4, 2014.
`CPDC Report: The CPDC will make their reports on the Zoning Articles on the floor of Town
Meeting after holding a Public Meeting, as is their custom.
*Conservation Committee Report: At a public meeting held August 13, 2014, the Reading
Conservation Commission voted to approve the deletion of the Wetlands Overlay District in the
zoning bylaw as recommended by the Zoning Advisory Committee and CPDC and supports this
Article in the upcoming September (Special) Town Warrant.
*Board of Selectmen Report: The Board of Selectmen at their meeting on September 2, 2014
voted 5-0-0 to support this Article.
ARTICLE 12: To see if the Town will vote to amend the Zoning Bylaw by deleting Section 4.6
thereof in its entirety, or to take any other action with respect thereto.
Community Planning and Development Committee
Backaround: Over the past year the Zoning Advisory Committee (ZAC) has been working on
the Comprehensive Update to the Zoning Bylaw. The zoning update has been conducted with
the assistance of a specialized zoning consultant, extensive public participation as well as input
from the Community Planning and Development Commission (CPDC) and Town Staff. Article
12 is recommended by the ZAC.
Section 4.6, Mixed Use Overlay District, has been deleted in Article 12. The Mixed Use
Overlay District was initially adopted in 2005 with the goal to permit mixed commercial and
residential uses that would otherwise not he allowed in the underlying zoning district. However,
the regulations contained in the Mixed Use Overlay District were challenging to developers and
as a result, no projects have been constructed under the Mixed Use Overlay District. In 2009,
the Town adopted the Downtown Smart Growth District under Massachusetts General Law
Chapter 40R. This overlay district also allows for mixed use developments and also contains
design guidelines. The regulations for the Downtown Smart Growth District reflect modem and
current planning and land use principals therefore rending the Mixed Use Overlay District
obsolete.
Below is the entire Section 4.6 to be deleted.
19
0
Rejag
RAtail Ste
Restauan
_i
20
21
0
22
4 -6 -SW Minim im I -and
PlaA (OF appFG�I
-Gaping
0
22
44 49— E-zi AM&Stnwtw
23
Finance Committee Report: No report. •
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 5-0-0
at their meeting on September 4, 2014.
•CPDC Report: The CPDC will make their reports on the Zoning Articles on the floor of Town
Meeting after holding a Public Meeting, as is their custom.
*Board of Selectmen Report: The Board of Selectmen at their meeting on September 2, 2014
voted 5-0-0 to support this Article.
ARTICLE 13: To see if the Town will vote to amend the Zoning Bylaw by deleting Section 4.13
thereof in its entirety and replacing it with the following:
4.13 Special Requirements for Registered Medical Marijuana Dispensaries
4.13.1 Purpose
This section is intended to promote the purposes of the Zoning Bylaw, as set forth in Section
1.3, by:
a) Providing for the establishment of Registered Medical Marijuana Dispensaries in
appropriate places and under strict conditions, in accordance with the passage of
Initiative Petition 11-11 (Question #3 on the November, 2012 state ballot);
b) Minimizing the impacts of Registered Medical Marijuana Dispensaries on adjacent
properties, residential neighborhoods, schools and other places where children
congregate, local historic districts, and other land uses potentially incompatible with said
Dispensaries; and
c) Regulating the siting, design, placement, security, safety, monitoring, modification, and
removal of Registered Medical Marijuana Dispensaries.
4.13.2 Applicability
4.13.2.1 The commercial cultivation, production, processing, assembly, packaging, retail or
wholesale sale, trade, distribution or dispensing of Marijuana is prohibited unless permitted as a
Registered Medical Marijuana Dispensary. under this Section.
4.13.2.2 No Registered Medical Marijuana Dispensary shall be established except in
compliance with the provisions of this Section.
4.13.2.3 Nothing in this Bylaw shall be construed to supersede state laws governing the sale
and distribution of narcotic drugs.
4.13.2.4 If any provision of this Section or its application to any person or circumstance shall be
held invalid for any reason, such invalidity shall be construed as narrowly as possible, and the Ji
balance of the Section shall be deemed to be amended to the minimum extent necessary to
24
allow it to be given effect or to be applied to persons or circumstances other than those to which
it was held invalid, so as substantially to provide residents and property owners of the Town of
Reading the benefits of such provision and to promote the purposes of the Zoning Bylaw as set
forth in Section 1.3.
4.13.3 Definitions
Debilitating Medical Condition — Cancer, glaucoma, positive status for human
immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C,
amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, and multiple
sclerosis (MS), when such diseases are debilitating, and other debilitating conditions as
determined in writing by a qualifying patient's certifying physician.
Marijuana —AII parts of the plant Cannabis saliva L., whether growing or not; the seeds thereof;
and resin extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds or resin.
Marijuana for Medical Use — Marijuana that is designated and restricted for use by, and for the
benefit of, Qualifying Patients in the treatment of Debilitating Medical Conditions.
Qualifying Patient — A Massachusetts resident 18 years of age or older who has been
diagnosed by a Massachusetts licensed certifying physician as having a debilitating medical
condition, or a Massachusetts resident under 18 years of age who has been diagnosed by two
Massachusetts licensed certifying physicians, at least one of whom is a board-certified
pediatrician or board-certified pediatric subspecialist, as having a debilitating medical condition
that is also a life -limiting illness, subject to 105 CMR 725.010(J).
Registered Medical Marijuana Dispensary — A not-for-profit entity registered under 105 CMR
725.100 that acquires, cultivates, possesses, processes (including development of related
products such as edible marijuana -infused products, tinctures, aerosols, oils, or ointments),
transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing
marijuana, related supplies, or educational materials to registered qualifying patients or their
personal caregivers. Unless otherwise specified, the tern refers to the sites of dispensing,
cultivation and preparation of marijuana.
4.13.4 Eligible Locations for Registered Medical Marijuana Dispensaries.
4.13.4.1 Registered Medical Marijuana Dispensaries may be allowed by Special Permit from the
Reading Community Planning and Development Commission in the Industrial Zoning District
(Ind) in accordance with the requirements of this Section.
4.13.5 General Requirements and Conditions for all Registered Medical Marijuana
Dispensaries.
4.13.5.1 A Registered Medical Marijuana Dispensary shall be in compliance with all applicable
provisions of the regulations of the Massachusetts Department of Public Health for the
Implementation of an Act for the Humanitarian Medical Use of Marijuana, set forth in 105 CMR
725.000.
4.13.5.2 All Registered Medical Marijuana Dispensaries shall be contained entirely within a
Building.
25
4.13.5.3 A Registered Medical Marijuana Dispensary shall have a Gross Floor Area of at least •
2,500 square feet, but not more than 10,000 square feet.
4.13.5.4 The hours of operation of Registered Medical Marijuana Dispensaries shall be set by
the CPDC, but in no event shall such Dispensaries be open and/or operating between the hours
of 9:00 PM and 8:00 AM.
4.13.5.5 No smoking, burning or consumption of any product containing marijuana or marijuana -
related products shall be permitted on the premises of a Registered Medical Marijuana
Dispensary.
4.13.5.6 No Registered Medical Marijuana Dispensary shall be located inside a Building
containing Residential Dwelling Units, including transient housing such as motels and
dormitories, or inside a movable or mobile Structure such as a van or truck.
4.13.6 Special Permit Requirements
4.13.6.1 A Registered Medical Marijuana Dispensary shall be allowed by Special Permit from
the CPDC in accordance with G.L. c.40A, §9, and the requirements set forth in this Section.
4.13.6.2 A Special Permit for a Registered Medical Marijuana Dispensary shall be limited to one
or more of the following uses as may be authorized by the CPDC:
a) Cultivation of Marijuana for Medical Use (horticulture) except where Chapter 40A
Section 3 applies, in which case a Special Permit shall not be required;
b) Processing and packaging of Marijuana for Medical Use, including marijuana that is in
the forth of smoking materials, food products, oils, aerosols, ointments, and other
products; and
c) Retail sale or distribution of Marijuana for Medical Use to Qualifying Patients.
4.13.6.3 Special Permit applications for a Registered Medical Marijuana Dispensary shall
demonstrate compliance with and include the information required by the regulations set forth at
105 CMR 725.000.
4.13.6.4 Mandatory Findings. The CPDC may issue a Special Permit for a Registered Medical
Marijuana Dispensary only if it finds that:
a) The Dispensary is designed to minimize any adverse visual or economic impacts on
abutters and other parties in interest, as defined in G.L. c.40A, §11;
b) The Dispensary is fully permitted by all applicable agencies of the Commonwealth of
Massachusetts and is in compliance with the regulations set forth at 105 CMR 725.000;
and
c) The Applicant has demonstrated compliance with Sections 4.13.5 and 4.13.6.
4.13.6.5 Annual Reporting. Each holder of a Special Permit for a Registered Medical Marijuana
Dispensary permitted under the Zoning Bylaw shall, as a condition of its Special Permit, file an
M.
annual report to and appear before the CPDC and the Town Clerk no later than January 31 of
each year, providing a copy of all current applicable state licenses for the Dispensary and/or its
owners and demonstrate continued compliance with the conditions of the Special Permit.
4.13.6.6 A Special Permit granted under this Section shall have a term limited to the duration of
the Applicant's ownership of the premises as aRegistered Medical Marijuana Dispensary. A
special permit may be transferred only wdh the approval of the CPDC in the form of an
amendment to the Special Permit with all information required in this Section.
4.13.7 Abandonment or Discontinuance of Use
4.13.7.1 Notwithstanding the provisions of the Zoning Bylaw generally applicable to Special
Permits, a Special Permit for a Registered Medical Madjuana Dispensary shall lapse if not
exercised within one year of its issuance.
4.13.7.2 The owner of a Registered Medical Marijuana Dispensary shall be required to remove
all material, plants equipment and other paraphernalia:
a) prior to surrendering its state issued licenses or permits; or
b) within six months of ceasing operations; whichever comes first.
or take any other action with respect thereto.
Community Planning & Development Commission
Background: Chapter 369 of the Acts of 2012, 'An Act for the Humanitarian Medical Use of
Marijuana' (enacted as Question 3 on the November 2012 state ballot), to allow qualifying
patients, who have been diagnosed with a debilitating medical condition, reasonable access to
Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries. In November of
2012 Town Meeting approved an article to prohibit Medical Marijuana Treatment
Centers/Registered Marijuana Dispensaries from being sited in all zoning classifications in the
Town of Reading. Subsequently, the State Attorney General's Office determined that such
a ban would conflict with the Act and the zoning article was disapproved.
In the Spring of 2013 the State developed regulations governing how it will permit Medical
Marijuana Treatment Centers. The Town determined that additional research and study was
needed to develop zoning consistent with State regulations as well as the land use goals of the
Town of Reading. At November Town Meeting in 2013, the Town adopted a temporary
moratorium on Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries which
will expire on November 10, 2014.
Since November of 2013, as part of the Comprehensive Update of the Zoning Bylaw, Town
Staff, a specialized zoning consultant, the Zoning Advisory Committee (ZAC) and the
Community Planning and Development Commission (CPDC) have been engaged in a planning
process to develop new zoning regulations. The Zoning Update project has resulted in new
language for Registered Medical Marijuana Dispensaries included in Article 13, which is
recommended by the ZAC.
27
9
The Zoning Update project has had a strong public participation component. Public forums have
been heid to gain input on regulating Registered Medical Marijuana Dispensaries. The zoning
consultant including legal counsel has developed the draft language based on input and
feedback from the ZAC, CPDC and the Community.
F]
EE
Registered Medical Marijuana Dispensaries are allowed to acquire, possess, cultivate,
manufacture, deliver, and transport marijuana, including in food form. The proposed language
will allow Registered Medical Marijuana Dispensaries by Special Permit in the Industrial District.
The map provided on the previous page illustrates the Industrial District as well as the required
500 -foot buffer zone from areas where children commonly congregate per the State Department
of Public Health (DPH) Regulations.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 4-1-0
at their meeting on September 4, 2014. The minority opinion was based on three subsections of
the proposed Bylaw being seen as unnecessary and/or inappropriate. Subsection 4.13.2.3
seems only to serve the purpose of inferring that medical marijuana is a 'narcotic' drug and
contributes nothing new to the relationship of the Bylaw to State law. Subsection 4.13.2.4
elaborates provisions already enacted in Zoning Bylaw 8.3 regarding invalidity. and the
elaborations are inexact and confusing. Subsection 4.13.6.5 has no precedent in Reading
Zoning and seems pejorative in nature. Its regulatory effect is minimal to the point of being
ineffectual.
'CPDC Report: The CPDC will make their reports on the Zoning Articles on the floor of Town
Meeting after holding a Public Meeting, as is their custom.
"Reading Coalition Against Substance Abuse Report: At their meeting on August 28, 2014
the RCASA Board of Directors voted 17-0 in favor of this Article. The Board was appreciative of
thevoicethey had in the Zoning Bylaws concerning the Special Requirements for Registered
Medical Marijuana Dispensaries.
'Board of Selectmen Report: The Board of Selectmen at their meeting on September 2, 2014
voted 5-0-0 to support this Article.
ARTICLE 14 To see if the Town will vote to authorize and request the Finance
Committee, pursuant to section 3.3.2.3 of the General Bylaws, to investigate at once the books,
accounts, records and management of the Reading Municipal Light Department; to employ such
expert and other assistance as it may deem advisable for that purpose; to make a report on its
investigation setting forth its findings and recommendations, and to transmit such report to the
Town Meeting prior to November 10, 2014; or take any other action with respect thereto.
Board of Selectmen
Backaround: The Finance Committee currently has the authority to investigate the books,
accounts, records and management of both the Town Government and School Department —
but not of the Reading Municipal Light Department. This is because RMLD does not present a
budget or other financial Articles to Town Meeting for approval, and by Charter the FINCOM is
advisory to Town Meeting. This Article both authorizes and requests the FINCOM to conduct a
formal investigation of RMLD. FINCOM intends to expand such an investigation to the Town
and Schools as well.
Finance Committee Report: The Finance Committee recommends this Article by a vote of
8-0-0 at their meeting on September 3, 2014. In light of recent public questions about
procurement practices and procedures, the Finance Committee plans to review RMLD first as
per this article, and then review these areas for the Town and the Schools. If this Article is
29
approved, the Finance Committee would plan to deliver an interim report to Town Meeting in •
November.
Bylaw Committee Report: No report.
'Board of Selectmen Report: The Board of Selectmen at their meeting on September 2, 2014
voted 5-0-0 to support this Article.
ARTICLE 15 To see if the Town will vote to amend Section 3.3.2 (Finance Committee)
of the Town of Reading Bylaws as follows: (note — cross -through represents language to be
eliminated and bold represents new language):
3.3.2 Finance Committee
3.3.2.3 Investigation
The Finance Committee, or its duly authorized agents, shag- have -autherity at any time may,
and promptly upon the petition of one hundred (100) inhabitants of the Town or a vote of Town
Meeting, to shall investigate at -ease the books, accounts, records and or management of any
Town Board, Committee, Commission or Department effisial body; The Finance
Committee may call upon the assistance of any Town, official, or employee and may to
employ such expert and or other assistance as it may deem advisable for that purpose. =and
The books, records and accounts of any Town Board, Committee, Commission or
Department depaFtment arid GMG8 of the Town shall be open to the inspection of the Finance
Committee, its agents, assistants or employees upon request
it W that-purgese. The Committee shall have no power to incur any expenses payable by the
Town without authority for such expenses having first been obtained from the Finance
Committee Appointment Committee Moderater, and such expenses shall be paid from the
Finance Committee Reserve Fund.
The Finance Committee shall make a report on every such investigation, setting forth its
findings and recommendations, and shall transmit each such report(s) to Town Meeting and to
the Board of Selectmen.
or to take any other action with respect thereto.
Board of Selectmen
Backaround: This Article would give the Finance Committee a broader oversight role over the
Reading Municipal Light Department. Passage of this Article would preclude the need for a
speck Article 14 in the future.
Finance Committee Report: The Finance Committee recommends this Article by a vote of 8-
0-0 at their meeting on September 3, 2014.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 5-0-0
at their meeting on September 4, 2014.
'Board of Selectmen Report: The Board of Selectmen at their meeting on September 2, 2014
voted 5-0-0 to support this Article.
30
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 September
29, 2014, 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) r day of a u , 2014.
Daniel Ensminger, Secretly
2-
Joh HaI
evin Sexton
SELECTMEN OF READING
hn Segalla , Ckg&table
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CONDUCT OF TOWN MEETING
Reading's Town Meeting is conducted in accordance with the rules set down in Article 2 of the
Charter and the General Bylaws. Although Town Meeting Time Third Edition is the basic source,
a Town Meeting Member need only be familiar with what is contained in the Charter. These
notes are intended to outline the major points all Town Meeting Members should know, and
which by knowing will make Town Meeting more understandable.
Organization
• Town Meeting consists of 192 elected members, of which 97 constitute a quorum.
• There are two required sessions: The Annual Meeting in Spring which is primarily for fiscal
matters and acceptance of the annual budget, and the Subsequent Meeting in November.
Special Town Meetings may be called at any time that the need arises.
• There are three main committees which review certain Articles and advise Town Meeting of "
their recommendations:
Finance for all expenditures of funds,
Bylaw for all bylaw changes, and the
Community Planning and Development Commission for all zoning changes.
Their reports are given prior to discussing the motion.
General Rules Of Procedure
[ The Meeting is conducted through the Warrant Articles which are presented (moved) as
motions. Only one motion may be on the floor at a time; however, the motion may be
amended. Often two or more Articles which address the same subject may be discussed
together, however, only one is formally on the floor, and each when moved is acted upon
individually. Note that the vote on one may influence the others.
• Members who wish to speak shall rise, state their name and precinct in order to be
recognized.
• A Member may speak for ten (10) minutes but permission must be asked to exceed this
limit.
• Seven (7) Members can question a vote and call for a standing count, and twenty (20) can
ask for a roll call vote; however, a roll call vote is seldom used because of the time it takes.
Principal Motion Encountered At Town Meeting
The following motions are the principal ones used in most cases by Town Meeting to conduct its
business. Experience shows that the Members should be familiar with these.
• Adjourn: Ends the sessions, can be moved at anytime.
• Recess: Stops business for a short time, generally to resolve a procedural question or to
obtain information.
• Lay on the Table: Stops debate with the intention generally of bringing the subject up again
later. May also be used to defer action on an Article for which procedurally a negative vote is
undesirable. Note that tabled motions die with adjournment.
• Move the Previous Question: Upon acceptance by a two-thirds (2/3) vote, stops all debate
and brings the subject to a vote. This is generally the main motion, or the most recent
46
47
J
amendment, unless qualified by the mover. The reason for this as provided in Robert's
Rules of Order is to allow for other amendments should they wish to be presented.
• Amend: Offers changes to the main motion. Must be in accordance with the motion and
may not substantially alter the intent of the motion. In accordance with Robert's Rules of
Order, only one primary and one secondary motion will be allowed on the Poor at one time,
unless specifically accepted by the Moderator.
• indefinitely Postpone: Disposes of the Article without a yes or no vote.
• Take from the Table: Brings back a motion which was previously laid on the table.
• Main Motion: The means by which a subject is brought before the Meeting.
The Foliowina Motions May Be Used By A Member For The Purpose Noted:
• Question of Privilege: Sometimes used to offer a resolution. Should not be used to "steal"
the floor.
• Point of Order: To raise a question concerning the conduct of the Meeting.
• Point of Information: To ask for information relevant to the business at hand.
Multiple Motions Subsequent (Multiple) Motions
If the subsequent motion to be offered, as distinct from an amendment made during debate,
includes material which has previously been put to a vote and defeated, it will be viewed by the
Moderator as reconsideration and will not be accepted. If the subsequent motion contains
distinctly new material which is within the scope of the Warrant Article, then it will be accepted.
•
An example of this latter situation is successive line items of an omnibus budget moved as a
block.
Subiect To The Following Considerations
• The maker of any proposed multiple motion shall make their intent known, and the content
of the motion to be offered shall be conveyed to the Moderator - prior to the initial calling of
the Warrant Article.
• Once an affirmative vote has been taken on the motion then on the floor - no further
subsequent alternative motions will be accepted. (Obviously does not apply to the budget,
for example.)
• Also - There can only be one motion on the floor at any one time. You have the ability to
offer amendments to the motion that is on the floor. You also have the ability to move for
reconsideration.
Town Of Reading Bylaw - Article 2 Town Meeting
2.1 General
2.1.1 Date of Annual Town Election
The Annual Town Meeting shall be held on the third Tuesday preceding the fourth
Monday in April of each year for the election of Town Officers and for such other matters
as required by law to be determined by ballot. Notwithstanding the foregoing, the Board
of Selectmen may schedule the commencement of the Annual Town Meeting for the
same date designated as the date to hold any Federal or State election.
2.1.2 Hours of Election
.+rs
47
2.1.7 Closina of the Warrant
All Articles for the Annual Town Meeting shall be submitted to the Board of Selectmen
not later than 8:00 PM on the fifth (5n Tuesday preceding the date of election of Town
officers, unless this day is a holiday in which case the following day shall be substituted.
All articles for the Subsequent Town Meeting shall be submitted to the Board of
Selectmen not later than 8:00 PM on the seventh (7th) Tuesday preceding the
Subsequent Town Meeting in which action is to be taken, unless this day is a holiday in
which case the following day shall be substituted.
2.1.8 Delivery of the Warrant -
The Board of Selectmen, after drawing a Warrant for a Town Meeting, shall immediately
deliver a copy of such Warrant to each member of the Finance Committee, the
Community Planning and Development Commission, the Bylaw Committee and the
Moderator.
2.2 Conduct of Town Meeting
2.2.1 In the conduct of all Town Meetings the followina rules shall be observed
Rule 1 A majority of Town Meeting Members shall constitute a quorum for doing
business.
The polls for the Annual Town Meeting shall be opened at 7:00 AM and shall remain
open until 8:00 PM.
2.1.3
Annual Town Meetina Business Sessions
All business of the Annual Town Meeting, except the election of such Town officers and
the determination of such matters are required by law to be elected or determined by
ballot, shall be considered at an adjournment of such meeting to be held at 7:30 PM on
the fourth Monday in April, except if this day shall fall on a legal holiday, in which case
the meeting shall be held on the following day or at a further adjournment thereof.
2.1.4
Subsequent Town Meeting
A Special Town Meeting called the Subsequent Town Meeting shall be held on the
second Monday in November, except if this day shall fall on a legal holiday, in which
case the meeting shall be held on the following day. The Subsequent Town Meeting
shall consider and act on all business as may properly- come before it except the
adoption of the annual operating budget.
2.1.5
Adjourned Town Meeting Sessions
Adjourned sessions of every Annual Town Meeting after the first such adjoumed session
provided for in Section 2.1.3 of this Article and all sessions of every Subsequent Town
Meeting, shall be held on the following Thursday at 7:30 PM and then on the following
Monday at 7:30 PM, and on consecutive Mondays and Thursdays unless a resolution to
adjourn to another time is adopted by a majority vote of Town Meeting Members present
and voting.
2.1.6
Postina of the Warrant
The Board of Selectmen shall give notice of the Annual, Subsequent or any Special
Town Meeting at least fourteen (14) days prior to the time of holding said meeting by
causing an attested copy of the warrant calling the same to be posted in one (1) or more
public places in each precinct of the Town, and either causing such attested copy to be
published in a local newspaper 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.
2.1.7 Closina of the Warrant
All Articles for the Annual Town Meeting shall be submitted to the Board of Selectmen
not later than 8:00 PM on the fifth (5n Tuesday preceding the date of election of Town
officers, unless this day is a holiday in which case the following day shall be substituted.
All articles for the Subsequent Town Meeting shall be submitted to the Board of
Selectmen not later than 8:00 PM on the seventh (7th) Tuesday preceding the
Subsequent Town Meeting in which action is to be taken, unless this day is a holiday in
which case the following day shall be substituted.
2.1.8 Delivery of the Warrant -
The Board of Selectmen, after drawing a Warrant for a Town Meeting, shall immediately
deliver a copy of such Warrant to each member of the Finance Committee, the
Community Planning and Development Commission, the Bylaw Committee and the
Moderator.
2.2 Conduct of Town Meeting
2.2.1 In the conduct of all Town Meetings the followina rules shall be observed
Rule 1 A majority of Town Meeting Members shall constitute a quorum for doing
business.
..r
Rule 2 All articles on the warrant shall be taken up in the order of their arrangement in
the warrant unless otherwise decided by a majority vote of the members present
and voting.
Rule 3 Prior to debate on each article in a warrant involving the expenditure of money,
the Finance Committee shall advise Town Meeting as to its recommendations
and the reasons therefore.
Rule 4 Prior to a debate on each article in a warrant involving changes in the bylaw or
Charter, petitions for a special act, or local acceptance by Town Meeting of a
State statute, the Bylaw Committee shall advise Town Meeting as to its
recommendations and reasons therefore.
Rule 5 Every person shall stand when speaking as they are able, shall respectfully
address the Moderator, shall not speak until recognized by the Moderator, shall
statehisname and precinct, shall confine himself to the question under debate
and shall avoid all personalities.
Rule 6 No person shall be privileged to speak or make a motion until after he has been
recognized by the Moderator.
Rule 7 No Town Meeting Member or other person shall speak on any question more
than ten (10) minutes without first obtaining the permission of the meeting.
Rule 6 Any non -Town Meeting Member may speak at a Town Meeting having first
identified himself to the Moderator. A proponent of an article may speak on such
article only after first identifying himself to the Moderator and obtaining
permission of Town Meeting to speak. No non -Town Meeting Member shall
speak on any question more than five (5) minutes without first obtaining the
permission of the Meeting. Non -Town Meeting Members shall be given the
privilege of speaking at Town Meeting only after all Town Meeting Members who
desire to speak upon the question under consideration have first been given an
opportunity to do so.
Rule 9 Members of official bodies and Town officials who are not Town Meeting
Members shall have the same right to speak, but not to vote, as Town Meeting
Members on all matters relating to their official bodies.
Rule 10 No speaker at a Town Meeting shall be interrupted except by a Member making
a point of order or privileged motion or by the Moderator.
Rule 11 Any person having a monetary or equitable interest in any matter under
discussion at a Town Meeting, and any person employed by another having such
an interest, shall disclose the fact of his interest or his employers interest before
speaking thereon.
Rule 12 The Moderator shall decide all questions of order subject to appeal to the
meeting, the question on which appeal shall be taken before any other.
Rule 13 When a question is put, the vote on all matters shall be taken by a show of
hands, and the Moderator shall declare the vote as it appears to him. If the
Moderator is unable to decide the vote by the show of hands, or If his decision is
immediately questioned by seven (7) or more Members, or if the Moderator
determines that a counted vote is required such as for a debt issue or Home Rule
Petition, he shall determine the question by ordering a standing vote, and he
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shall appoint tellers to make and return the count directly to him. On request of
not less than twenty (20) members, a vote shall be taken by roll call.
Rule 14 All original main motions having to do with the expenditure of money shall be
presented in writing, and all other motions shall be in writing if so directed by the
Moderator.
Rule 15 No motion shall be received and put until it is seconded. No motion made and
seconded shall be withdrawn if any Member objects. No amendment not relevant
to the subject of Jhe original motion shall be entertained.
Rule 16 When a question is under debate, no motion shall be in order except:
• to adjourn,
• to lay on the table or pass over,
• to postpone for a certain time,
• to commit,
• to amend,
• to postpone indefinitely, or
• to fix a time for terminating debate and putting the question, and the aforesaid
several motions shall have precedence in the order in which they stand
arranged in this rule.
Rule 17 Motions to adjourn (except when balloting for offices and when votes are being
taken) shall always be first in order. Motions to adjourn, to move the question, to
lay on the table and to take from the table shall be decided without debate.
Rule 18 The previous question shall be put in the following form or in some other form
having the same meaning: "Shall the main question now be put" and until this
question is decided all debate on the main question shall be suspended. If the
previous question is adopted, the sense of the meeting shall immediately be
taken upon any pending amendments in the order inverse to that in which they
were moved, except that the largest sum or the longest time shall be put first and
finally upon the main question.
Rule 19. The duties of the Moderator and the conduct and method of proceeding at all
Town Meetings, not prescribed by law or by rules set forth in this article, shall be
determined by rules of practice set forth in 'Town Meeting Time Third Edition'
except that to lay on the table shall require a majority vote.
2.2.2 Attendance by Officials
It shall be the duty of every official body, by a member thereof, to be in attendance at all
Town Meetings for the information thereof while any subject matter is under
consideration affecting such official body.
2.2.3 ADDOintment of Committees
All committees authorized by Town Meeting shall be appointed by the Moderator unless
otherwise ordered by a vote of the Members present and voting. All committees shall
report as directed by Town Meeting. If no report is made within a year after the
appointment, the committee shall be discharged unless, in the meantime, Town Meeting
grants an extension of time. When the final report of a committee is placed in the hands
of the Moderator, it shall be deemed to be received, and a vote to accept the same shall
discharge the committee but shall not be equivalent to a vote to adopt it.
2.2.4 Motion to Reconsider
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2.2.4.1 Notice to Reconsider ""r
A motion to reconsider any vote must be made before the final adjournment of
the meeting at which the vote was passed but such motion to reconsider shall not
be made at an adjourned meeting unless the mover has given notice of his
intention to make such a motion, either at the session of the meeting at which the
vote was passed or by written notice to the Town Clerk within twenty-four (24)
hours after the adjournment of such session. When such motion is made at the
session of the meeting at which the vote was passed, said motion shall be
accepted by the Moderator but consideration thereof shall be postponed to
become the first item to be considered at the next session, unless all remaining
articles have been disposed of, in which case reconsideration shall be
considered before final adjournment. There can be no reconsideration of a vote
once reconsidered or after a vote not to reconsider. Reconsideration may be
ordered by a vote of two-thirds (2/3) of the members present. Arguments for or
against reconsideration may include discussion of the motion being reconsidered
providing such discussion consists only of relevant fads or arguments not
previously presented by any speaker.
2.2.4.2 Federal or State Law Affecting Reconsideration
The foregoing provisions relating to motions to reconsider shall not apply to any
such motion made by the Board of Selectmen and authorized by the Moderator
as necessary for the reconsideration of actions previously taken by Town
Meeting by reason of State or Federal action or inaction or other circumstances
not within the control of the Town or Town Meeting. In the event such a motion to
reconsider is made and authorized, said motion may be made at any time before •
the final adjournment of the meeting at which the vote was passed, said motion
may be made even if the vote was already reconsidered or was the subject of a
vote not to reconsider, and reconsideration may be ordered by a vote of two-
thirds (2/3) of the Members present.
2.2.4.3 Posting and Advertising
Notice of every vote to be reconsidered at an adjourned Town Meeting shall be
posted by the Town Clerk in one (1) or more public places in each precinct of the
Town as soon as possible after adjournment, and he shall, if practicable, at least
one day before the time of the next following session of said adjourned meeting,
publish such notice in some newspaper published in the Town. Said notice shall
include the vote to be reconsidered and the place and time of the next following
session of said adjourned meeting. The foregoing notice provisions shall not
apply when a motion to reconsider any Town Meeting action is made publicly at
Town Meeting before the adjournment of any session of any adjourned Town
Meeting.
2.2.5 State of the Town
The Selectmen shall, at each Annual Town Meeting, give to the Members information on
the 'State of the Town.'
2.2.6 Annual Precinct Meetin
Town Meeting Members and Town Meeting Members -elect from each precinct shall hold
an annual precinct meeting after the annual Town election but before the convening of
the business sessions of the Annual Town Meeting. The purpose of the meeting shall be
the election of a Chairman and a Clerk and to conduct whatever business may be
appropriate. Chainmen shall serve no more than six (6) consecutive years in that .40
51
v position. Additional precinct meetings may be called by the Chairman or by a petition of
six (6) Town Meeting Members of the precinct.
2.2.7 Removal of Town Meeting Members
2.2.7.1 Notice of Attendance
The Town Clerk shall mail, within thirty (30) days after the adjournment sine die
of the Annual Town Meeting, to every Town Meeting Member who has attended
less than one-half of Town Meeting sessions since the most recent Annual Town
Election, a record of his attendance and a copy of Section 2-6 of the Charter.
2.2.7.2 Precinct Recommendation
All Precinct meeting held prior to consideration by Town Meeting of the warrant
article pursuant to Section 2-6 of the Charter. Town Meeting Members of each
precinct shall adopt a recommendation to Town Meeting on whether each
member from the precinct listed in the warrant per Section 2-6 of the Charter
should be removed from Town Meeting. The Chairman of each precinct or his
designee shall make such recommendations along with supporting evidence and
rationale to Town Meeting.
2.2.7.3 Grouped by Precinct
The names of the Members subject to removal in accordance with Section 2-6 of
the Charter shall be grouped by precinct in the warrant article required by said
section.
2.2.8 Meetings During Town Meeting
No appointed or elected board, committee, commission or other entity of Town
government shall schedule or conduct any hearing, meeting or other function during any
hours in which an Annual, Subsequent or Special Town Meeting is in session or is
scheduled to be in session. Any such board, committee or commission which schedules
or holds a meeting or hearing on the same calendar day, but at a time prior to a session
of Town Meeting, shall adjourn or recess not less than five (5) minutes prior to the
scheduled session of Town Meeting.
Any board, committee or commission may, at the opening of any session of Town
Meeting, present to that Town Meeting an instructional motion requesting an exemption
from this bylaw and asking that Town Meeting permit it to meet at a date and hour at
which a future session of Town Meeting is scheduled, and may present reasons for
Town Meeting to give such permission. Notwithstanding the foregoing, any board,
committee or commission which meets the requirements of M.G.L. Chapter 39, Section
23B concerning emergency meetings may, upon meeting such requirements, conduct
such a meeting or hearing at a time scheduled for a Town Meeting.
2.2.9 Rules Committee
The members of the Rules Committee, established under Section 2-12 of the Charter,
shall hold an annual meeting within thirty (30) days after the adjournment of the Annual
Town Meeting for the purpose of electing a Chairman and a Clerk and to conduct
whatever business may be appropriate. Additional Rules Committee meetings may be
called by the Chairman.
In the absence of a Chairman, the Moderator shall convene a meeting of the Rules
Committee within sixty (60) days after a vacancy for the purpose of electing a new
Chairman.
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FAX: (781)942-8070
Webslte: www.readingma.gov
Town of Reading
16 Lowell Street
Reading, MA 01867-2685
Town Meeting Handout Guidelines
TOWN CLERK
(781) 942-8050
To ensure that all Town Meeting members have access to the same information, distributed in the same
manner, please follow the below listed guidelines for handout materials:
Materials that are prepared by a Town Board I Committee I Town Department must include the following:
o Article name and number
o Name of Town Board / Committee I Commission or Town Department
o Date the document was created
o Contact Information
o Approval of Town Clerk's Office
Materials that are prepared by petitioners or other voters must include the following:
o Article name and number
o Contact information of person who created handout
o Date the document was created
o Approval of Town Clerk's Office
All handouts:
• Must contain facts only unless specifically stating 'This is the opinion of
• Should be on white paper only
• Should be double -sided copies if more than one page
• May be distributed only by giving adequate copies for all Town Meeting members (192) to the
Town Clerk or designee by 6:30 PM on the night in which the subject article will be discussed
• All handouts not approved will be removed and recycled
• PJI handouts not distributed must be picked up at the end of each night or they will be recycled at
the end of each night
Al PowerPoint Presentations:
• Must consult with the Town Clerk before the meeting -
• Provide a copy before the meeting
• All presentations will be given using the Town of Reading laptop computer
February of 2010
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