HomeMy WebLinkAbout2012-11-13 Subsequent Town Meeting WarrantCOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officers Return, Reading:
By virtue of this Warrant, I, Alan Ulrich on October 11, 2012 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
Meefing 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 13, 2012 the date set for the Town Meeting
in this Warrant
I also caused a posting of this Warrant to be published on the Town of Reading website on October 11, 2012.
Q4zla'�24'
Alan Ulrich, ConaMbla
A true copy Attest
12
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 Auditorium, 62 Oakland Road, in said Reading,
on Tuesday, November 13, 2012, at seven -thirty o'clock in the evening, at which time and place
the following articles are to be acted upon and determined exclusively by Town Meeting
Members in accordance with the provisions of the Reading Home Rule Charter.
ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town
Accountant, Treasurer -Collector, Board of Assessors, Director of Public Works, Town Clerk,
Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library
Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning
& Development Commission, Conservation Commission, Town' Manager and any other Board
or Special Committee.
Board of Selectmen
ARTICLE 2 To choose all other necessary Town Officers and Special Committees
and determine what instructions shall be given Town Officers and Special Committees, and to
see what sum the Town will raise by borrowing or transfer from available funds, or otherwise,
and appropriate for the purpose of funding Town Officers and Special Committees to carry out
the instructions given to them, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 3 To see 9 the Town will vote to amend the FY 2013 - FY 2022, Capital
Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or
take any other action with respect thereto.
Board of Selectmen
ARTICLE 4 To see 'd the Town will vote to amend one or more of the votes taken
under Article 13 of the April 23, 2012 Annual Town Meeting relating to the Fiscal Year 2013
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 6 To see d the Town will vote to authorize the payment during Fiscal Year
2013 of bills remaining unpaid for previous fiscal years for goods and services actually rendered
to the Town, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 6 To see if the Town will vote to transfer funds received from the
Commonwealth of Massachusetts in payment for development within the Town's 40R Smart
Growth Zoning Districts from Free Cash into the Smart Growth Stabilization Fund, or take any
other action with respect thereto.
Board of Selectmen
ARTICLE 7 To see if the Town will vote to transfer funds into the Sick Leave
Stabilization Fund, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 8 To see if the Town will vote to authorize the Board of Selectmen to accept
the conveyance of drainage easements located at 152 and 156 Walnut Street which easements
are shown on a plan entitled: " Drainage Easement located at 152 and 156 Walnut Street,
Reading Me" upon such terns and conditions and for such consideration as the Board of
Selectmen deems to be in the best interest of the Town, or take any other action with respect
thereto
Board of Selectmen
ARTICLE 9 To see what sum the Town will raise by borrowing pursuant to G.L.
Chapter 44, §7(1) or transfer from available funds, or otherwise, and appropriate for the purpose
of reconstructing surface drains, sewers and sewerage systems, including the costs of
engineering services, plans, documents, cost estimates, bidding services and all related
expenses incidental thereto and necessary in connection therewith, said sum to be spent under
the direction of the Town Manager; and to see I the Town will authorize the Town Manager, the
Board of Selectmen, or any other agency of the Town to apply for a grant or grants to be used
to defray all or any part of said sewer construction and/or reconstruction and related matters;
and to see if the Town will vote to authorize the Town Manager to enter into any or all
agreements as may be necessary to carry out the purposes of this Article, and to see If the
Town will authorize the Town Manager, the Board of Selectmen, or any other agency of the
Town to apply for a non-interest bearing loan from the Massachusetts Water Resources
Authority, and to authorize the Treasurer -Collector, with the approval of the Board of Selectmen,
to borrow pursuant to said loan, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 10 To see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of renovating and expanding the
Reading Public Library located at 64 Middlesex Avenue, 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 Board of Library Trustees and the Town Manager; and to see if the
Town will authorize the Board of Library Trustees, 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 improvements; and to authorize the Board of Library Trustees and/or the Town
Manager to enter into any and all contracts and agreements as may be necessary to tarty out
the purposes of this Article, subject to approval by the voters of the Town of a Proposition 2
debt exclusion for the Town portion of the cost of the project, or take any other action with
respect thereto..
Board of Library Trustees
ARTICLE 11 To see if the Town will vote to accept the following roads as public ways
pursuant to M.G.L. c.82, and to discontinue portions of the following roads, both in accordance
with the layouts adopted by the Board of Selectmen and on file with the Office of the Town
Clerk:
Jacob Way
South Street
and to authorize the Board of Selectmen to accept deeds of easement and for the fee in said
roads; and to authorize the Board of Selectmen to purchase, or take such ways in fee or rights
of easement by eminent domain under the provisions of M.G.L. c.79;, or to acquire said lands in
fee or rights of easement therein by purchase, gift or otherwise, and to assess betterments
therefore pursuant to M.G.L. c.80; and to see what sum the Town will raise by borrowing, or
from the tax levy, or transfer from available funds, or otherwise, and appropriate for the
acquisition of said lands or easements therein or for payment of any eminent domain damages
and for the construction of said ways, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 12 To see if the Town will vote to amend the Reading General Bylaw by
adding the following section 8.11:
Section 8.11 Trash Collection
No person shall collect, or cause others to collect trash, rubbish, garbage, recycling, offal or
other offensive substances (whether from dumpsters, barrels, or otherwise, and whether on the
public way, a private way or any lot) after 9:00 PM and before 6:30 AM in any residential district
of the Town or within 100 yards of such a district as shown on the then current Zoning Map.
or take any other action with respect thereto
Board of Selectmen
ARTICLE 13 To see if the Town will vote to rescind the entirety of Section 7.2 of the
Reading General Bylaw and replace it with the following,
7.2 Historic Demolition Delay
7.2.1 Purpose
The purpose of this bylaw is to provide the Reading Historical Commission with a tool to
assist the Commission in its efforts to preserve the Town's heritage and to protect
historically significant structures within the Town, which reflect or constitute distinctive
features of the architectural, cultural, economic, political or social history of the Town.
The purpose of this bylaw, even if it ultimately cannot prevent demolition, is to find a
reasonable option to prevent complete demolition, and to provide owners of such
structures with time to consider alternatives, by encouraging owners to seek out ways to
preserve, rehabilitate, or restore such structures
To achieve these purposes, the Reading Historical Commission is empowered to create
a List of Historic Structures, and to provide a copy of that List, as it may be updated from
time to time, to the Building Inspector. With the Building Inspector, the Reading Historical
Commission will implement the provisions of this bylaw with respect to the issuance of
permits for demolition of structures that are included on the List of Historic Structures
7.2.2 Definitions
The following terms when used in this bylaw shall have the meanings set forth below.
7.2.2.1 Commission
Reading Historical Commission.
7.2.2.2 Demolition
Any act of pulling down, destroying, removing or razing a structure or
commencing the work of total destruction with the intent of completing the same
which work would require a Demolition Permit.
7.2.2.3 Demolition Application
An official application form provided by the Building Inspector for an application
for a Demolition Permit.
7.2.2.4 Hearing
A public hearing conducted by the Commission after due public notice as
provided in this bylaw.
7.2.2.6 Legal Representative
A person or persons legally authorized to represent the owner of a structure that
is or is proposed to be subject to this bylaw.
7.2.2.6 List
The List of Historic Structures as it is constituted pursuant to this bylaw.
7.2.2.7 Owner
Current owner of record of a structure that is included in or proposed to be
included in the List of Historic Structures.
7.2.2.6 Premises
The parcel of land upon which a demolished structure that appears on the List as
defined in 7.2.2.6 was located and all adjoining parcels of land under common
ownership or control.
7.2.2.9 Structure
Materials assembled at a fixed location to give support or shelter, such as a
building.
7.2.3 Commission to Establish a List of Historic Structures
The Commission will provide a List of Historic Structures to the Building Inspector. This
List shall be updated from time to time as needed when properties are added to or
subtracted from the List of Historic Structures. The List shall also be provided on the
Town's web site or other electronic means of publishing information to the community.
This List shall be made up of:
• all structures listed on, or located within an area listed on, the National Register of
Historic Places, or the Massachusetts Historical Register of Historic Places; and
• all structures included in the Town of Reading Historical and Architectural Inventory,
as of September 1, 1995, maintained by the Commission; and
• all structures that were added in 2010 pursuant to the processes in existence at that
time; and
• following the procedures included in Section 7.2.3.1 of this bylaw, all structures that
have been determined from time to time by the Commission to be historically or
architecturally significant.
7.2.3.1 Procedures for expanding the List
In considering additional structures to be included on the List, pursuant to section
7.2.3, the following process shall be followed:
• The Commission shall prepare, or cause to be prepared, an inventory form
for each structure considered for addition to the List. The inventory form for
each property shall be prepared using a standard form provided by the
Massachusetts Historical Commission. The criteria to be used for
consideration for inclusion on the List will include:
• The structure is determined to be importantly associated with one or more
historic persons or events, or
• The structure is determined to be associated with the broad architectural,
cultural, economic or social history of the Town or Commonwealth, or
• The structure is believed to be historically or architecturally significant in
terms of:
Period,
Style,
Method of building construction,
Association with a significant architect, builder or resident either by
Itself or as part of a group of buildings;
• The Commission will inform by regular US mail each property owner whose
structure is being considered for preparation of an inventory form
• The owner of each structure for which an inventory form has been prepared
shall be sent a notice of a public hearing at least 30 days in advance of the
hearing. The notice shall be sent by Certified Mail — return receipt requested
— or by service by a Constable. The notice shall include the following
information:
• that the structure that they own is being considered for inclusion on the
List,
• a copy of the inventory form for the structure,
• a statement as to the criteria considered in including additional structures
on the List, and
• a copy of this bylaw.
In addition to the notice of the hearing delivered to each owner, legal notice of
the hearing including the street address of all structures proposed to be added to
the List shall be published at the Commission's expense at least 14 days in
advance of the hearing in a newspaper of general circulation in the community.
Additionally, at least 7 days prior to the hearing a copy of the newspaper notice
will be mailed by regular U.S. mail to all property owners within 300 feet of each
property containing a structure to be considered for inclusion on the List.
At the hearing, the Commission will hear comment from all owners and abutters
who wish to be heard, and following the close of the hearing the Commission will
make a determination as to which of the structures proposed for inclusion on the
List of Historic Structures shall be voted onto that List. The decision as to what
properties to include shall be made by the Commission, with the inclusion of a
property on the List requiring the affirmative vote of at least 4 members of the
Commission. The vote shall be taken at a public meeting, and the vote may be
made either the same day as the close of the hearing, or at a later meeting of the
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Commission. If at a later meeting, the Commission shall inform each owner either
upon closing the hearing or by regular US mail at least 3 days in advance of a
public meeting, of the date of the meeting at which the matter is to be further
discussed. Nothing shall preclude the Commission from voting to add structures
onto the List at different meetings.
7.2.3.2 Owner's Appeal of addition of a structure to the List
An owner, at the public hearing at which additions to the List are to be
considered, may object to inclusion of their structure onto the List. At the hearing
or such later date as agreed by the Commission, the owner shall submit
information or documentation in support of their objection. The Commission may
consider their objection at the hearing and/or subsequent public meetings, and
the Commission shall not vote to include the structure in question onto the List
until all information supplied by the owner can be fully considered by the
Commission. In considering whether to finally vote to include a structure on the
List the Commission will consider the information provided by the owner, and
particularly how the structure meets the criteria established In 7.2.3.1. In addition
to those criteria, the Commission will consider the uniqueness of the structure,
quality of the materials remaining on the outside of the structure, and financial or
other hardship that might be created to the owner by inclusion of the structure
onto the List. A structure whose owner objects may only be included on the List if
all 5 members of the Commission vote to do so.
7.2.4 Referral of Demolition Applications of structures on the List by the Buildin
Inspector to the Commission
Upon the receipt of a completed Demolition Application for a structure on the List, the
Building Inspector shall
• As soon as possible but not later than 30 days from the submission of a complete
Demolition Application, notify the owner that the structure they want to demolish is on
the List, and therefore subject to this bylaw.
• Provide the owner with a packet to apply to the Commission for demolition approval,
along with a copy of the inventory of their structure, a copy of this bylaw, and a copy
of any guidelines that the Commission has adopted regarding the demolition delay
process.
• Inform the Chairman of the Commission of a pending application under this bylaw.
• Obtain an abutters list, at the expense of the owner, of all properties within 300 feet.
• Upon receipt of a completed application for Commission demolition approval,
determine the completeness of the application.
• Notify the Chairman of the Commission who will provide the Building Inspector with
alternative dates for a public hearing not sooner than 7 days nor more than 21 days
from the determination that the application to the Commission is complete
• Arrange for the publication of a legal notice of the hearing, at the owners expense, in
a newspaper of general circulation in the community including the street address of
all structures proposed to be demolished. The notice shall be published not later than
14 days prior to the hearing.
• Arrange for a mailing not later than 7 days prior to the hearing, at the owner's
expense, of a copy of the newspaper notice to all property owners within 300 feet of
the property containing a structure to be considered for demolition.
• Immediately forward a copy of the application to each of the members of the
Commission,
7.2.4.1 Completed Application
The Owner shall be responsible for submitting seven sets of the following
information as a completed application prior to the scheduling of the public
hearing:
• Completed application form (if any)
• Description of the structure to be demolished (the inventory is an acceptable
document for this purpose);
• A demolition plan
• Assessor's map or plot plan showing the location of the structure to be
demolished on its properly with reference to the neighboring properties;
• Photographs of all facade elevations;
• Statement of reasons for the proposed demolition and data supporting said
reasons;
• Description of the proposed reuse of the premises on which the structure to
be demolished is located.
• If applicable, the name and contact information of the Legal Representative;
7.2.6 Public Hearing
The Commission will hold a hearing to allow all interested parties to voice their opinions
and to present pertinent information concerning the structure, as well as its value and
importance to the neighborhood and the Town. The Owner or the Legal Representative
will present the requested demolition plan and supporting documentation. The public
may present their opinions and additional relevant information. After the presentation
and the public comments, the Commission will make one of two decisions:
• The presented information is insufficient for the Commission to make a final
determination on requested demolition of the Structure. Therefore, the Commission
may continue the hearing. A continued hearing shall be not later than 21 days from
the initial hearing and the hearing shall be closed within 30 days of the initial hearing.
• The presented information is sufficient to make a final determination on the
requested demolition of the Structure. Therefore, the Commission shall close the
hearing.
7.2.6 Determination of whether the Demolition Delay Is Imposed
Once the Hearing is closed, a motion shall be made to determine if the loss of the
structure would be detrimental to the Town when considering the purpose of this bylaw
as detailed in section 7.2.1:
• An affirmative vote by 4 members of the Commission will declare that the structure is
protected by this Bylaw, and therefore, a demolition delay of up to six (6) months is
imposed beginning the date of the vote.
• A negative vote by the Commission (affirmative vote of less than 4 members of the
Commission) will declare that the structure is not protected by this Bylaw, and the
Building Inspector may issue a permit to demolish the structure.
The Commission will notify the Building Inspector within seven (7) days of the
Commission's decision. If the notice is not received within the expiration of seven (7)
days of the close of the hearing, the Building Inspector may act on the Demolition Permit
Application with no further restrictions of this bylaw.
7.2.6.1 Demolition Delay Imposed
The Commission shall advise the Owner and the Building Inspector of the
determination that the Demolition Permit will be delayed up to six (6) months.
During this time, alternatives to demolition shall be considered. The Commission
shall offer to the Owner information about options other than demolition, including
but not limited to resources in the preservation field, the Massachusetts Historical
Commission, the Town Planner, and other interested parties that might provide
assistance in preservation or adaptive reuse.
7.2.6.2 Responsibilities of Owner if Demolition Delay is imposed
The Owner shall be responsible for participating in the investigation of options to
demolition by:
• Actively pursuing alternatives with the Commission and any interested
parties;
• Providing any necessary information;
• Allowing reasonable access to the property; and
• Securing the premises.
7.2.6.3 Release of Delay
Notwithstanding the preceding section of this bylaw, the Building Inspector may
issue a Demolition Permit at any time after receipt of written notice from the
Commission to the effect that the Commission is satisfied that one of the
following conditions has been met:
• There is no reasonable likelihood that either the Owner or some other person
or group is willing to purchase, preserve, rehabilitate or restore the structure;
• The Owner, during the delay period, has made continuing, bona fide and
reasonable efforts to locate a purchaser to preserve, rehabilitate or restore
the structure, and that such efforts have been unsuccessful;
• The Owner has agreed in writing to accept a demolition permit on specked
conditions, including mitigation measures approved by the Commission. Such
mitigation could include a demolition of only a portion of the structure; or
• A period of six (6) months has elapsed since the conclusion of the Hearing
referenced in section 7.2.5.
7.2.6.4 Appeal of the imposition of Demolition Delay
The owner of a structure for which the Commission has imposed a demolition
delay may appeal from the imposition of the delay, and/or conditions of the
imposition of the delay, by filing with the Board of Selectmen a written notice of
appeal within fourteen (14) days of the date of the decision of the Commission to
impose the Demolition Delay. Filing of an appeal will not extend the delay of up
to 6 months imposed under section 7.2.6.1 of this bylaw.
Within twenty-one (21) days of receipt of the notice of appeal, the Board of
Selectman shall convene an appeal hearing. Notice of the hearing shall be sent
to the Chairman of the Historical Commission and to the owner or the owner's
Legal Representative, for the purpose of adjudicating the appeal. The Board of
Selectmen at the hearing shell review the record of the proceedings before the
Commission and input provided by the owner and by Commission
representatives.
Notice of the hearing shall be given to the owner, to the Commission, and to
abutters within 300 feet of the property.
Within fourteen (14) days of the conclusion of the hearing, the Board of
Selectmen will render a decision on the appeal. The decision shall be based on
the record of the Commission's hearing at which the Demolitions Delay was
imposed; information provided by the owner or the Commission at the Board of
Selectmen hearing; consideration of the purpose of the bylaw as stated in section
7.2.1; how the structure meets the criteria established in 7.2.3.1.; the
uniqueness of the structure; quality of the materials remaining on the -outside of
the structure; and financial or other hardship that might be created to the owner
7.2.7 Ememencv Demolition
Nothing in this Section shall be construed to prevent the Building Inspector from ordering
pursuant to M.G.L. Chapter 143 the emergency demolition of a structure included in the
List of Historic Structures. Before issuing an order for an emergency demolition of such a
structure, the Building Inspector shall make reasonable efforts to inform the Chairperson
of the Commission of his intent to issue such an order.
7.2.8 Enforcement and Remedies
In the event a structure on the List of Historic Structures is demolished in violation of this
bylaw, then no building permit shall be issued for the premises for a period of two (2)
years after the date of such demolition.
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 14 To see 0 the Town will vote to amend Article 1, Section 1.8 Non -Criminal
Civil Disposition of Certain Violations of the Bylaw, by:
• changing the title to read: Non -Criminal Civil Disposition of Certain Violations of the
Bylaws and any Rule or Regulation of a town officer, board or department";
• amending the first sentence to add after the word 'bylaw" the following: and any rule or
regulation of any town officer, board or department; and
• deleting the monetary penalties set out in Section 7.1 and adding the following
subsections so that Section 7.1 Wetlands Protection should read as follows:
Bylaw
Bylaw Title Enforcing Person
Penalty
Penalty
Penalty
Section
First
Second
Additional
Offense
Offense
Offenses
7.1
Wetlands Conservation
Protection Commission
Conservation
Administrator
Regulation
a. Failure to file a Notice of Intent or Request
$300.00
Section 2.1-1.
for Determination of Applicability and to
receive a valid Order of Conditions or
Determination of applicability prior to activity.
b. Failure to promptly comply with an
$300.00
Enforcement Order
c. Failure to record Order of Conditions at the
$ 25.00
Registry of Deeds prior to activity.
d. Failure to notify the Commission prior to
$ 25.00
activity where a Condition of an Order of
Conditions or a Request for Determination or
a Minor Project permit requires such notice.
e. Failure to install and/or property maintain
Warning
$ 25.00
$100.00
erosion controls (per project).
I. Failure to comply with any Condition of an
$ 25.00
Order of Conditions or Determination of
applicability or Minor Project permit
. Failure to apply for a Certificate of
Warning
$ 50.00
10
Compliance in a timely manner.
h. Conducting an activity subject to the Bylaw $ 50.00
and Regulations after the expiration of a valid
Order of Conditions or Determination of
Applicability.
Res
or take any other action with respect thereto.
Conservation Commission
ARTICLE 15 To see if the Town will vote to amend Section 2.0 "Definitions", Section
4.2.2 "Table of Uses" of the Town of Reading Zoning By -Laws as follows: (note — cross -through
represents language to be eliminated and bold represents new language)
Section 2.0 Definitions:
2.2.21.2 Medical Marijuana Treatment Center: a not-for-profit entity, as defined by
Massachusetts law only, registered under this law, 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 material to
qualifying patients or their personal caregivers.
2.2.21.3 Mixed Use: The combining of retalgcommercial and/or service uses with
residential or office use in the same building or on the same site. (Note: this change is as
a result of renumbering)
Section 4.2.2. Table of Uses by adding "Medical Marijuana Treatment Center" as a use
classified under Business and Services and listed after "Adult Uses".
A 2 2 Table of uses
Or take any other action with respect thereto.
Community Planning and
Development Commission
ARTICLE 16 To see if the Town will vote to amend Section 2.0 "Definitions", Section
6.1 "Off Street Parking and Loading Areas' of the Town of Reading Zoning By -Laws as follows:
(note — cross -through represents language to be eliminated and bold represents new language)
2.0 Definitions:
11
PRINCIPAL USES
Res
RES
RES
BUS
BUS
BUS
IND
S-15
A-40
A-80
A
B
C
5-20
S-40
Medical Marijuana Treatment
No
No
No
No
No
No
No
Center
Or take any other action with respect thereto.
Community Planning and
Development Commission
ARTICLE 16 To see if the Town will vote to amend Section 2.0 "Definitions", Section
6.1 "Off Street Parking and Loading Areas' of the Town of Reading Zoning By -Laws as follows:
(note — cross -through represents language to be eliminated and bold represents new language)
2.0 Definitions:
11
2.2.26.1 Public Off -Street Parking Facility: Parking areas which are owned and
maintained by the Town that are open to the general public for the use of public parking.
This does not include parking facilities which are owned by the Town with the primary
use of providing parking for municipal employees or customers doing business with the
Town during normal hours of operation.
2.2.26.2 Remote Parking Facility: Parking areas which are not located on the same lot
for the use the parking facility serves.
6.0 GENERAL PROVISIONS AFFECTING ALL DISTRICTS
6.1 Off -Street Parking and Loading Areas
6.1.1 Required Spaces: Off-street Parking and Loading Spaces are required to be provided in
accordance with the following provisions:
6.1.1.1 No land shall be used and no building shall be erected, enlarged or used
unless off-street parking areas, and off-street loading and unloading areas, conforming in
amount and type to that described herein, are provided except that retail stores, offices and
consumer service establishments located within three hundred (300) feet of a public off-street
packing facility shall be exempted from off-street parking requirements.
6.1.1.2 Off-street parking areas, or loading and unloading areas shall be provided
on the same lot as the use they serve, except that the Board of Appeals may permit off-street
parking areas to be provided on another lot, but in no event shall such areas be more than three
hundred (300) feet distance from the use they serve; provided, however, that in a Business C
District, off-street parking areas or loading and unloading areas may be provided on or off the
same lot more than three hundred (300) feet distance from the use they serve without such
permission from the Board of Appeals so long as they are located within the Business C District
and provided such parking and loading rights are evidenced by legally sufficient instruments
approved as to form by Town Counsel and filed with the Town Clerk." except the CPDC, by
Special Permit, may allow remote parking lots or shared parking.
6.1.1.3 (Note this section Is deleted under 6.1.1.3 and renumbered as 6.1.1.7)
Off-street parking areas, or loading and unloading areas shall be provided in the
amounts set forth in the following table. Where the computation of required spaces results in a
fractional number, a fraction of one-half or more shall be counted as one. In the event of a
conflict of interpretation as to the category of the principal use, the Board of Appeals shall
determine the proper interpretation.
Special Permit Criteria:
The CPDC may grant a Special Permit for remote parking or shared parking based
on the following criteria and other applicable provisions presented in this subsection:
(a) The capacity, location and current level of use of existing parking facilities, both
public and private;
(b) The efficient and maximum use in terms of parking needs and services provided;
(c) The relief of traffic and parking congestion;
(d) The safety of pedestrians;
(e) The provision of reasonable access either by walking distance or shuttle vehicle
arrangements;
(f) The maintenance of the character of the area.
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6.1.1.4 Procedure
Filing for a special permit shall follow all procedures required for Site Plan Review under
4.3.3 of this Bylaw.
6.1.1.5 Remote Parking:
The CPDC may grant a Special Permit for an alternative location for nonresidential
parking subject to the following provisions:
(a) the property to be occupied as parking shall be in the same possession by deed, by
easement or by written agreement (e.g. long-term lease) as the facility served. All written
agreements shall be subject to CPDC approval as to form and length of time and a copy
of the agreement shall be filed with and made part of the application for a building or
occupancy permit
(b) Except where valet parking or other transportation between sites is provided, the
distance between the site of use and its parking area shall be recommended to be four
hundred (400) feet with a maximum of six hundred (600) feet.
(c) The remote parking area shall not create unreasonable traffic congestion or create a
hazard to pedestrians or vehicular traffic.
(d) The remote parking area shall be located on property zoned for the same or other
non-residential uses as the principal use being served by the parking.
6.1.1.6 Shared Parking Lots
The CPDC may grant a Special Permit for shared parking facilities for nonresidential
parking subject to the following provisions:
(a) Up to fifty percent (50%) of the parking spaces serving a building may be used jointly
for other uses not normally open, used or operated during similar hours. The applicant
must show that the peak parking demand and principal operating hours for each use are
suitable for a common parking facility. The approval may be rescinded and additional
parking may be required by the owners in the event that the CPDC, after notice and
public hearing thereon, determines the joint use is resulting in a public nuisance or other
adverse effects on public health and safety.
(b) A written agreement acceptable to the CPDC defining the joint use of the common
parking facility shall be executed by all parties concerned and approved by the Planning
Board as part of the special permit process. Such agreement shall be recorded at the
Middlesex Registry of Deeds.
(c) Any subsequent change in land uses for which the shared parking proposal was
approved, and which results In the need for additional parking spaces, shall require
review and approval by the CPDC under this subsection.
6.1.1.7 Off-street parking areas, or loading and unloading areas shall be provided
in the amounts set forth in the following table. Where the computation of required
spaces results in a fractional number, a fraction of one-half or more shall be counted as
one. In the event of a conflict of interpretation as to the category of the principal use, the
Board of Appeals shall determine the proper interpretation.
Off -Street Parking and LoadinglUnloading Requirements
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(Note: Parking table does not change, is not repeated here.)
6.1.1.8 Phased Parking Spaces:
The CPDC may grant a Special Permit for the phasing of parking space construction
upon sufficient documentation of circumstance such as building size or use with the
following provisions:
(a) The total number of required spaces shall be In accordance with the standards set
forth in Table 6.1.1.3 and clearly identified on the site plan.
(b) The spaces which are not intended for Immediate construction shall be labeled
"phased reserve parking" on the site plan and shall be properly designed into the overall
parking lot layout.
(c) No more than 50% of the total required spaces may be designated for future
construction.
(d) If at any time the Building Inspector and/or CPDC determines that additional spaces
may be needed, the "phased spaces" shall be constructed upon formal approval from the
CPDC.
Or take any other action with respect thereto
Community Planning and
Development Commission
ARTICLE 17 To see if the Town will amend the Town of Reading General Bylaws by
adding the following to section 8.9.4 Public Buildings, Public Property and Public Ways
8.9.4.4 Display of the United States Flag
The flag of the United States shall be displayed in or on all Town of Reading, owned
buildings or property, The Burbank Ice Arena, The Municipal Light Department, Reading
Housing and any other semi government agency in accordance with US Law 94-344 as may be
amended from time to time.
No Board, Committee, Commission, Authority, Department, employee or otherwise shall
have the Authority to deviate from said law except by order of the President of the United States
or the Governor of the Commonwealth if he or she is so allowed by Presidential Order.
Petition
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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 13,
2012, 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 25th day of September, 2012.
9-A SELECTMEN OF READING
Alen Ulrich , Constable
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