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Home My WebLink About2015-11-09 Subsequent Town Meeting Warrant ReportSUBSEQUENT TOWN MEETING NOVEMBER 9, 2015 TABLE OF CONTENTS Article Title Sponsor Pang N 1 Reports Board of Selectmen 2 2 Instructions Board of Selectmen 2 3 Amending the Capital Improvement Program FY2016 — FY2025 Board of Selectmen 3 4 Approve Payment of Prior Year's Bills Board of Selectmen 5 5 Amend the FY2016 Budget Finance Committee 6 6 Road Acceptances — Causeway Road, Cory Lane, Dividence Road, Pondview Lane, Roma Lane and Sailor Tom's Way Board of Selectmen 9 7 Zoning Bylaw Changes— Purpose CPDC 10 8 Zoning Bylaw Changes — Personal Wireless Service Facility CPDC 11 9 Zoning Bylaw Changes — Aquifer Protection District CPDC 19 10 Zoning Bylaw Changes — CPDC and ZBA Associate Members CPDC 30 11 Bylaw Changes — 3.3.1.4 Removal for Absence Board of Selectmen 32 12 Settle Potential Litigation Board of Selectmen 32 13 Cemetery Garage Facility Board of Cemetery Trustees 33 14 Bylaw Change — Section 8.9.1 Firearms Board of Selectmen 35 APPENDIX Capital — blue pages 38 Conduct of Town Meeting 53 Town Meeting Handout Guidelines 60 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading By virtue of this Warrant, I, on September 2y 2015 notified and warned the inhabitants of the Town of Reading, qualified to vole 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 Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Walter S. Parker Middle School, 45 Temple Street 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 9, 2015, 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 22 ,2015, if reeman Sr , Constable A true copy Attest: Launi Gemme, Town Clerk TOWN WARRANT a 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, November 9, 2015, 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, School Committee, Library Trustees, Municipal Light Board, Finance Committee, Bylaw Committee, Town Manager, Town Accountant and any other Town Official, Board or Committee. Board of Selectmen Background: This article appears on the Warrant for all Town Meetings. At this Subsequent Town Meeting, the following reports are anticipated: ➢ Town Moderator "375"' Celebration Committee" D RMLD General Manager "Annual update' D Supedntendent of Schools and School Committee Chair "State of the Schools' ARTICLE 2 To choose all other necessary Town Officers and Boards or Committees and determine what instructions shall be given Town Officers and Boards or 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 Boards or Committees to carry out the instructions given to them, or take any other action with rasped thereto. Board of Selectmen Background: 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. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 3 To see if the Town will vote to amend the FY 2016-26 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 Background: This Article is included in every Town Meeting Warrant. The Reading General Bylaw (section 6.1.3) states'... 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 a long-term CIP are adequately described. The following changes are proposed to the FY2016 — FY2026 CIP (current year plus ten years): $175,000 School 8 Town technology ($100,000 shared disaster recovery system; $60,000 phone project includes new Library; $15,000 Town data security audit) $140,000 DPW Snow blower (supplement to 1999 snow blower) $ 60,000 Fac: Generator (Main St Fire station) $ 45,000 Fee: Condensate Tank (Coolidge) $ 40,000 Fee: Vehicle — Chevy K2500 $ 30,000 Fee: Masonry (RMHS) $ 28,250 DPW Fuel Canopy 8 Suppression System (costs shared with RMLD) $ 25,000 DPW Vehicle — Ford Escape $ 15,000 Fac; Masonry (Parker) -$15,000 Fac: HVAC (Barrows) -$ 15,000 Fee: Flooring (Parker) -$ 40,000 Fac: Floodng (RMHS) $2.o mil. Cemetery garage as debt 6 other sources of funding (increased from $1.5 million and moved up from FY18) —please see Article 13 fora full discussion. FYI 7: 5527.400 $350,000 Pub Svc Killam Field and parking lot repairs (Field not done in FYI 5) $150,000 DPW Snow Bombardier#1 (1993 moved up from FY18 and increased by $25k) $ 75,000 School Technology biennial network upgrades (moved up from FY18) +$60,000 Fac: Fire Alarm panel (Joshua Eaton, total new $170,000) $ 36,000 School Passenger Van $ 35,000 DPW Forklift +$ 12,600 Add funding for DPW Bobcat Loader 743 (1987; now $451k) $ 10,000 Fac: DPW door repairs (DPW) +$ 5,000 Add funding for DPW Dump Trude C3 (now $85k) - $ 20,000 Reduce funding for DPW Aerial Pickup Truck (now $80k) -$ 20,000 Fee: Pleasant Street Center HVAC (defer to FY18) -$ 34,000 DPW Eliminate Ford sedan Car#2 (2007) replacement S 38,500 DPW Eliminate HV3 Ford van (1997) replacement -$ 41,500 Public Safety (Fire) Vehicle (defer to FY18) -$ 50,000 DPW Yard Improvements (defer to FY18) -$ 50,000 DPW Road Improvements -$ 60,000 Fac: West Side Fire station roofing (defer to FY19 as debt) -$ 60,000 Fac: Flooring (RMHS) -$100,000 Town Technology biennial network upgrades (moved up to FY16) $115,000 DPW Truck #10 (defer to FY18 and add $35k) -$120,000 DPW Chipper (defer to FY18) -$134,000 Fac: Main Street Fire station roofing (defer to FY19 as debt) 4$420,000 Fac: Town Hall roofing (defer to FY19 as debt) FYI 8+ Various Enterprise Funds -Water FY16: None FY17: None FY18+ Various changes made - awwal SCADA for sewer station rehab projects 8 Sewer station projects for Batchelder and West Street $1,215,000 (note that $782,000 of funds previously allocated to these projects were turned back to Sewer Reserves in FY15) FY17: -$345.000 - $ 25,000 Portable generator for Grove St. Sewer station -$370,000 Sewer station repairs for Joseph's Way and Small Lane $3.0 million debt Charles Street B Sturges sewer station repairs (moved up from FY20 6 FY18 and increased from $1.89 million) Enterprise Funds—Storm Water FY16: None FYI 7: None FY18+ Vedous changes made Finance Committee Reoort: The Finance Committee recommends the proposed amendments to the FY 2016 — FY 2026 Capital Improvements Program by a vote of 6-0-0 at their meeting on October 14, 2015. Placing items in the Capital Improvement Program is a prerequisite but in itself does not authorize spending funds towards these items. Please see Article 13 for a more complete discussion about the cemetery garage Issue. 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 and Committees also vote on Warrant Articles, and when possible those votes are noted herein with an asterisk (') next to their name. Board of Selectmen Report: The Board of Selectmen on October 6, 2015 voted 5-0-0 to support this Article, with one exception. The Board does not support the proposed $2 million change in the capital plan for the cemetery garage, shown above as debt. For further discussion please see the Board's Report under Article 13. ARTICLE 4 To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money to pay bills remaining unpaid from prior fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen Backeround. In advance of Annual Town meeting in April 2015 the Town received an estimate for expected legal expenses for the balance of the fiscal year related to the ongoing RMHS construction project litigation. The Town received a June 2015 legal invoice in a timely fashion in the amount of $40,516.10 which far exceeded the earlier estimate and there were not sufficient funds to make payment. On September 10, 2015 the Fire department was noted that repairs made in January and February 2015 would not be covered by a warranty as had been expected, and shortly thereafter DPW received an invoice for $15,763.39 for these repairs. The Fire department appealed the invoice, and on September 30, 2015 they were told a three-way settlement was being negotiated. Therefore this prior year invoice is in the amount of $5,254.46. A prior fiscal year bill was discovered by the School department in August 2015 — an invoice for $837.75 for Addiro Inc. Plumbing for services performed in August 2013 that was never paid. Lastly, a prior fiscal year bill was discovered by the DPW in September 2015 for unpaid May and June 2015 legal ads placed in a local newspaper for $861.90. Finance Committee Report: The Finance Committee recommends Article 4 by a vote of 6-0-0 at their meeting on October 14, 2015. Each of these bills is an obligation that should be paid by the Town, with a source of Free Cash. Please note that a 9110 majority vote by Town Meeting is required to make these payments, which in total are $47,470.21. Bylaw Committee Reoort: No report. *Board of Selectmen Report: The Board of Selectmen on October 6, 2015 voted 5-0-0 to support this Article ARTICLE 5 To see if the Town will vote to emend the Town's Operating Budget for the Fiscal Year commencing July 1, 2015, as adopted under Article 20 of the Annual Town Meeting of April 27, 2015; 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, as amended, for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee Background: General Fund — Waaes and Expenses Account Line Description Decrease Increase # indicates Facilities Department changes moving around payloless funds 899 — Benefits Retirement ($50,000) $ 85,000 Expenses Worker Comp Premiums ($35,000) C99 — Capital School & Town technology $175,000 $485.250 Expenses ($700,000 shared disaster recovery system; $60,000 phone project includes new Library; $15,000 Town data security audit) DPW Snow blower $140,000 Fac: Generator (Main St Fire sta.) $60,000 Fac: Condensate Tank (Coolidge) $45,000 Facilities Vehicle — Chevy K2500 $40,000 Fac: Masonry (RMHS) $30,000 DPW Fuel Canopy/ Suppression System (costs shared with RMLD) $28,250 DPW Vehicle — Ford Escape $25,000 Fac: Masonry (Parker) $15,000 Fac: HVAC (Barrows) -$15,000 Fac: Flooring (Parker) -$15,000 Fac: Flooring (RMHS) -$40,000 F99 — FINCOM Replenish Reserves for Modular $150,000 Reserves classroom expenses $75,000 Increase Reserves for unforeseen expenses $75,000 G91 — Administrative PC., Fund all pay & class transfers $ 35,700 Services Wages $(55,000) PC: Fund pay & class results in this department $4,700 HR Generalist (shared Town/Schools) $62,000 #Upgrade Business Analyst position to be a Procurement Agent position (related to the addition of Facilities) $24 000 G92 — Administrative Legal Services (RMHS litigation) $7500 $ 80.000 Services Expenses Communication software license $ 5:0000 H91 — Public M. Fund pay & class results $19,200 $ 19,200 Services Wages H92 — Public 'Hazard Mitigation Planning consulting Decrease $ 25,000 Services Expenses services $25,000 X99 Sewer Sewer stations projects (Batchelder & West St) and related SCADA for all sewer station rehabs 191 — Finance PC: Fund pay & class results $12,010 $ 12,010 wages $1215,000 Not Operating Expenses 192 — Finance Assessing Full Field Review in preparation $ 88,000 Expenses for FY17 Revaluation $88,000 J91 — Public Safety PC: Fund pay & class results $9,675 $ 9,675 Wages J92 — Public Safety Police: regionalize Animal Control with $ 50,000 Expense North Reading K91 — Public Works M Fund pay & class results $3,950 $ 3,950 Wa es K92 — Public Works Road line painting $30,000 $ 10,000 Expenses Professional development $10,000 Fuel $50,000 K94 — Public Works Street Lighting expenses ($35,000) $ 35,000 Street Lighting K95 — Public Works Rubbish disposal ($50,000) $ 50,000 Rubbish L91 —Library Wages PC: Fund pay & Gass results $5,465 $ 5,465 M91 — Core Facilities #Transfers from U99 Schools $1,948,199 $2,683,341 #Transfers from V99 Town Fac $525,142 #(a) Additions requested $110,000 b Additions requested $100.000 M92 — Facilities: #Transfers from V99 Town Fac $252,835 $ 292,835 Town buildings #(a) Additions requested $ 40,000 U99 — School #Transfers to M91 $1,948,199 $1,948,199 Department V99—Town Facilities #Transfers to M91 $525,142 $ 777,977 #Transfers to M92 $252,835 Subtotals $2906176 3 943426 Net Operating Expenses 0 From Permits Revolving Fund From New Growth #(b) From Revenues from Rental of School Properties via Free Cash From Free Cash Fnfemdwa Funds —Wanes and Expenses Account Line Description Decrease Increase X99 Sewer Sewer stations projects (Batchelder & West St) and related SCADA for all sewer station rehabs $1,215,000 Subtotals $0 $1215,000 Not Operating Expenses $1,215,000 From Sewer Reserves (note +$433,000 is net request from previous capital Ian $1,215,000 Over the summer both the Superintendent of Schools and the Town Manager discussed restructuring the Facilities Department so there was more shared management oversight. School Committee and Board of Selectmen leadership were brought into the discussion to assist in crafting a new structure for the department. The proposed FY16 budget changes shown above in this Article make the financial changes necessary. At a Financial Forum on September 16, 2015, both the School Committee (6-0-0) and Beard of Selectmen (3.0-0) voted to approve the restructuring of the Facilities Department consistent with these budget transfers and additions in this Article. Note that the gross budgets for Facilities are requested to increase by $250,000 but that $100,000 of that amount is covered by existing revenues that will provide a funding source. The restructured Facilities Department will be led by the Director of Facilities, and included above is a request to restore the Assistant Facilities Director position that was eliminated a few years ago due to budget cuts. Among other efficiencies this will reduce the need to hire outside project managers, except for large building projects. Currently the department's budgets consists of two voted line Items (U99 School Department and V99 Town Facilities), each under control of the Schools. The proposed changes will result in three budget line items. The first two (M91 and M92) will be located in the Town's budget, while U99 remains as the School Department budget. . M91 — Core Facilities: the shared Director and proposed Assistant Director, a department secretary, and three tradesmen (Electrician, Plumber, general laborer); all operational costs associated with utilities and maintenance of all town and school buildings; all capital for all town and school buildings. M92 — Facilities Town Buildings: all custodial services, supplies and employees associated with the cleaning of town buildings. U99 — School Department: all custodial services, supplies and employees associated with the cleaning of school buildings. The Board of Selectmen will vote on lines M91 and M92 annually, while the School Committee will vote on lines M91 and U99. The Town's Administrative Services Department will oversee all procurement activities for M91, so also included in these budget changes is a request to increase by $24,000 a vacant position to be able to handle this additional responsibility. The Schools and Town also recently discussed sharing a position in their Human Resources divisions. The HR field grows Increasingly complex each year, and each division is significantly understaffed. Town Meeting is requested in line G91 to approve this shared position, which will have office space both at Town Hall and in the School's Central Office. Finance Committee Report: The Finance Committee recommends this Article by a vote of 6- 0-0 at their meeting on October 14, 2015. Bylaw Committee Report: No report. *Board of Selectmen Report: The Board of Selectmen at a joint meeting with the School Committee and Finance Committee on September 16, 2015 voted 3-0-0 to support the proposed restructuring of the Facilities Department as presented in this Article. The Board of Selectmen on October 6, 2015 voted 5-0-0 to support this entire Article. 'School Committee Report: The School Committee at a joint meeting with the Board of Selectmen and Finance Committee on September 16, 2015 voted 6-0-0 to support the proposed restructuring of the Facilities Department as presented in this Article. ARTICLE 6 To hear the report of the Board of Selectmen relative to the laying out of the following named streets under the provisions of Chapter 82 of the Massachusetts General Laws, and to see if the Town will vote to accept such streets as and for public ways and to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain any land or interest in land necessary for such laying out, and act on all manners relating thereto: Cory Lane, from Zachary Lane to dead end Pondview Lane, from Fairchild Drive to dead end Roma Lane, from Sanborn Lane to dead and Sailor Tom's Way, from Franklin Street to dead end Causeway Road, from Lowell Street to dead end Dividence Road, from Franklin Street to Emerson Street or take any other action with respect thereto. Board of Selectmen Background: In late 2012 residents on Roma Lane filed a petition to have their street accepted as a public way, upon learning a subdivision developer had never completed that work. Rather than bring that one road to Town Meeting, in the summer of 2013 the Town Manager asked planning and engineering staff to begin an exhaustive process of reviewing every private road in town, with many details requiring research that went back several decades. Approximately 80 private roadstdriveways were identified and on February 3, 2015 the Board of Selectmen invited these residents to a community meeting to learn the basics of public and private roads. Private roads were divided into these categories: (1) roadways that have been completed but the final steps for acceptance as a public road were never requested or completed; (2) roadways that are incomplete where bonds are in place to complete the work. If those bonds are insufficient to complete the work, the Selectmen need to decide if betterments are to be assessed; (3) older roadways where the reasons for nonacceptance cannot be determined; (4) roadways constructed as private but residents may wish to have them become public; (5) roadways constructed as private and the residents wish them to remain that way; (6) roadways within small development complexes (40B, PRD) that were constructed as private but residents may wish to have them become public. The first two categories of roads were studied further, and the six roads above qualify for inclusion to be accepted without any further cost to the residents. Note that residents of Causeway already had the Town Meeting and betterment processes completed previously but the final paperwork was never completed by the town. Four of these roads went through the CPDC under Subdivision Control Law, and at their meeting on August 24, 2015 CPDC unanimously recommended that Roma Lane, Sailor Tom's Way, Pwclview Lane and Cory Lane had met the necessary conditions and should be accepted as a public way. The two remaining roads, Dividence Road and Causeway Road, are not part of the subdivislon process, so residents sent in petitions requesting that they change to become a public way. At their meeting on September 14, 2015, as a courtesy CPDC unanimously recommended that these two additional roads become public. No further Town Meeting action on private roads is expected to be requested for at least a year. Remaining private roads are expected to have a cost to the residents to become public, which means each will need to appear in front of the Board of Selectmen to discuss their interest In paying betterments. The Board typically has not voted to accept private roads unless an overwhelming majority of residents are willing to pay those betterments. Finance Committee Report: No report. Bylaw Committee Report: No report, 'Board of Selectmen Report: The Board of Selectmen on October 6, 2015 voted 5-0-0 to support this Article. ARTICLE 7 To see if the Town will vote to amend Section 1.0 of the Zoning Bylaws as follows (Bold represents language to be inserted and crossed -out language is to be deleted): 1.0 PURPOSE This Bylaw has been adopted to govem uses of land; the size, height, bulk, location and use of structures, buildings and signs; and for all of the other purposes set forth . in, but not limited by, Section 2A of Chapter 808 of the Acts of 1975: 4.1 The pUFpesgn At INS 90niAg Bylaw inelurip but am not limited in the f9lkwria} a To promote the health, safely and general welfare of the inhabitants of the Town of Reading; 4 To lessen congestion in the streets; e To conserve health; d To secure safety from fire, flood panic, congestion and other dangers; e To provide adequate light and air, f To prevent over -crowding of land; g To avoid undue concentration of population; h To encourage housing for persons of all income levels; 1 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. or take any other action with respect thereto. Community Planning and Development Commission 10 Backaround: Article 7 is an amendment to the Section 1 of the Zoning Bylaw, Purpose. An amended Purpose was the subject of Article 9 of the September, 2014 Town Meeting. Article 9 did not receive the required 2/3 affirmative vote of Town Meeting. It has been further amended and is now being brought back to Town Meeting for another vote. The zoning bylaw approved at the November 2014 Town Meeting included the original language in Section 1, Purpose The CPDC revised the Purpose based on the suggestions offered by Town Meeting last September. A simple Introductory statement has been added which is modeled after language from the Town of Lexington's Zoning Bylaw. A sentence has been added referencing the State Zoning Act. Sub -bullets follow that are the same as what is in the existing zoning bylaw. Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vole of 5-0-0 at their meeting on October 13, 2015. ARTICLE 8 To see 9 the Town will vote to amend the Zoning Bylaws by (1) Deleting Commercial Communication Structures from Section 2.0; (2) Adding in appropriate alphabetical order, a new definition to Section 2.0 as follows: Personal Wireless Service Facility (PWSF)—AII equipment, including Repeaters, with which a Personal Wireless Service Provider broadcasts and receives the radio-frequency waves which carry their services, and all equipment, appurtenances and structures, including towers, relating thereto. (3) Revising Section 5.3.1 and Section 5.3.2 Table of Uses to allow PWSFs by Special Permit through the CPDC in every zoning district and delete Commercial Communications Structures in Section 5.3.1 and Section 5.3.2 Table of Uses. (4) Deleting In its entirety Section 5.5.3 Commercial Communications Structures and replace with a new Section 5.6.3 Personal Wireless Service Facilities, as follows: Personal Wireless Service Facilities (PWSFs) 5.6.3. Applicability. No PWSF shall be erected, installed or modified except upon issuance of a special permit in compliance with the provisions of this bylaw, whether the PWSF is considered a principal use or an accessory use. 5.6.3.1. Preferences—Siting and Facility Type. A. PWSF Siting. A PWSF may be permitted within any district by Special Permit, subject to the purposes and standards established in this bylaw. The following list of allowable PWSF Locations is presented in order of preference. 1. First Preference: A site located entirely within an Interstate Highway right-of- way. 11 2. Second Preference: A site located entirely within an Industrial zoning district. 3. Third Preference: A site located entirely within a Business (Bus A and Bus C) zoning district. 4. Fourth Preference: A site located within the Residential 5-15, 5-20, S40, A- 40, A-80 or within the Business B zoning districts. B. PWSF Installation Types: The following list of PWSF Installation Types is presented in order of preference. 1. First Preference: The following PWSF Installation Types are of equal preference to one another: a. PWSF Collocation. A new PWSF may Collocate on any existing PWSF to the extent that such Collocation is found by the CPDC to be consistent with the purposes and standards established in this bylaw. b. PWSF on Existing Electrical Utility Infrastructure. A PWSF may Collocate on existing electrical utility infrastructure such as utility poles or streetlights using unobtrusive architectures such as Distributed Antenna Systems (DAS). With respect to the use of utility poles, Collocation on existing electrical utility poles (and replacements thereof) is preferred above the installation of new electrical utility poles in publiclprivate ways. In neighborhoods with underground electrical utilities, pole -mounted PWSF on existing electrical utility Infrastructure are discouraged in favor of less visually obtrusive alternatives, such as placing a small antenna installation on existing electrical utility poles on a nearby street. c. Other Implementations. A PWSF may be located using Innovative alternatives that are in keeping with the purpose and intent of this Bylaw and that may become available after the adoption of this Bylaw. 2. Second Preference: PWSF Site Sharing. A new PWSF may share the same parcel with existing PWSFs, to the extent that such site -sharing is found by the CPDC to be consistent with the purposes and standards established in this bylaw. 3. Third Preference: A new PWSF Installation on any existing structure, to the extent that such installation is found by the CPDC to be consistent with the purposes and standards established in this bylaw. 4. Fourth Preference. PWSF involving a new antenna tower. PWSFs which require the construction of a new antenna tower are least on the order of preference. 5. Waiver of Preferences. The CPDC may waive the preference orders designated for siting and types of PWSF pursuant to Section 5.6.3.1.A upon a 12 finding that the siting at a location of lesser preference, or the installation of a PWSF type of lesser preference, would achieve a result more consistent with the purposes and standards established in this bylaw. 5.6.3.2. General Special Permit Requirements. A. Use. PWSFs shall only be employed for the purpose of delivering wireless services to subscriber devices or supporting public safety communications, and shall not be used for storage, office, manufacturing, repair, or other activities unless separately permitted for such other activities. B. Demonstration of need. 1. Need for service. The applicant must demonstrate the service objectives in the Town of Reading that the proposed PWSF will address in whole or in part. Such demonstration shall include: a. Substantial written evidence including technical documentation demonstrating that there is a substantial deficiency in the applicant's provision of service to the Town of Reading which fails to satisfy the service objectives; b. detailed information about all existing and pending PWSFs regardless of ownership, control or the jurisdiction in which they are located, and associated coverage maps; c. information about terrain, vegetation and land use within the proposed coverage area; d. estimates with supporting documentation of the number of mobile and stationary subscribers affected by the claimed substantial deficiency; e. network performance factors; and f. other information relevant to the Applicant's service objectives, or as may be required by the CPDC. 2. Need for location. The applicant must provide substantial written evidence including Gear documentation showing how the improved service to the Town of Reading that applicant seeks could not be provided by utilizing one or more alternative locations of higher preference as described in Section 5.6.3.1.A or, alternatively, how the proposed PWSF achieves a better result as described in Section 5.6.3.4.C. 3. Availability of alternatives. The CPDC, at its discretion, may require the applicant to consider specific potential alternatives at any level of the hierarchy in Section 5.6.3.1.A, V the CPDC determines that such locations may better achieve the purposes established in this bylaw. 13 C. Visual Guidelines. The construction, erection, installation and/or placement of all PWSF shall be reviewed by the CPDC within the public hearing process based on the following visual guidelines: i. Concealment. To the maximum extent practicable, PWSFs shall conceal equipment, cables, and antennas within architectural surfaces that are ordinary and consistent with the context of the PWSF within the Town of Reading environs, such as steeples, concealed-antenna monopoles, flagpoles, smokestacks, faux chimneys and cupolas. 2. Screening, Camouflage and Landscaping. Wherever possible, PWSF shall be sited so as to minimize the visibility of such devices from adjacent property and shall be suitably screened from abutters and residential neighborhoods. Where elements of a PWSF will be visible to residential parcels and public or private ways, PWSFs shall employ screening and/or camouflage methods that are consistent with the context of the surrounding area such as fencing, vegetation, and paint color or patterns to match underlying surfaces in order to mitigate any undesirable visual bulk and distraction. Installation of free-standing PWSF shall minimize the removal of trees and other existing vegetation. 3. Scale. The visual characteristics of a PWSF shall be minimized with respect to being unreasonable in scale, such as a dominant or looming visual experience, disproportion to the site and its surroundings, or undesirable shadowing impacts. 4. Color. Free-standing, wall mounted and roof-mounted devices may be required to be painted or otherwise colored or finished in a manner which aesthetically minimizes the visual bulk of the devices to the surrounding landscape or on the building or structure to which they are attached. 5. Signs. There shall be no advertising permitted on or in the vicinity of PWSF. There shall be a sign not exceeding four square feet in area at each PWSF which shall display a phone number where the responsible party for the maintenance of the PWSF may be reached on a 24 hour basis. 8. Lighting. Outdoor lighting of PWSFs shall be limited to that which is necessary for security and temporary maintenance at the discretion of the CPDC. PWSFs that are required to be marked and lighted for air navigation safety are discouraged. 7. Maintenance. The visual characteristics of a PWSF shall be maintained, repaired and replaced as necessary and as an ongoing condition of compliance to retain the characteristics approved by issuance of a special permit. 8. Prohibitions. The following are specifically prohibited: a. Lattice style antenna towers and facilities requiring three or more legs and/or guy wires for support; and b. Fences utilizing razor wire or barbed wire or similar wire types. 14 D. Height: 1. Height General Regardless of the type of mount, a PWSF shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a PWSF shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height. 2. Height, Ground -Mounted Facilities Ground -mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from average grade level. If there are no buildings within 300 feet of the proposed site of the facility, all ground -mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may exist or may be planted on site. 3. Height, Side -and Roof -Mounted Facilities Side -and roof -mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing bullding or structure nor project more than ten (10) feet above the height limit of the zoning district within which the facility is located. 4. Height, Preexistent Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a wireless service facility: Water towers, guyed towers, lattice towers, fire towers and monopoles. E. Setbacks: All wireless service facilities and their equipment shelters shall comply with the building setback provislons of the zoning district in which the facility is located. In addition, the following setbacks shall be observed. 1. In order to ensure public safety, the minimum distance from the base of any ground -mounted wireless service facility to any property line, shall be 1.5 times the height of the facility/mount, including any antennas or other appurtenances. This set back is considered the "fall zone'. 15 2. In the event that a preexistent building or structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent nonconforming structures, wireless service facilities and their equipment shelters shall not increase any non -conformity. 3. Additional Required Setbacks. In all districts, PWSFs shall be placed no closer than 3 times the height of the Antenna above grade to an existing school, Child Care Facility, Nursing or Convalescent Home, or an Assisted Living Facility. 5.6.3.3. Application Procedures. A. Preliminary Review. Applicants are strongly encouraged to contact the Town Planner to initiate a dialogue well before final site selection and detailed application development. The Preliminary Review is intended to: 1. Provide the Applicant with the opportunity to discuss and clarify Zoning Bylaw requirements and CPDC Site Plan Review Guidelines and Regulations (adopted by the CPDC pursuant to Section 4.6.1.2) relevant to the Applicant's prospective PWSF proposal; and 2. To review general concepts related to the PWSF and alternative means of implementation to determine the CPDC's preferences. B. Special Permit and Site Plan Approval. No PWSF, whether itself principal use of a lot or as an accessory use to a communication facility, shall be constructed without a Special Permit having been granted by the CPDC. The CPDC may grant a Special Permit in accordance with the provisions of this Section and Section 4.4. Nothing in this section is intended to exempt PWSF from the requirement to receive Site Plan Approval pursuant to Section 4.6. C. Consultant Review. When considering an application for a PWSF, the CPDC may determine the need for the assistance of a consultant technical expert in matters involving the placement, construction and modification of PWSFs, under the Zoning Bylaw and the Telecommunications Act of 1998, at the Applicant's expense pursuant to G.L. c. 44 s. 53G. To make the most productive use of the limited time authorized by the Federal Communications Commission (FCC) to hear the application, the CPDC may at As discretion engage a consultant immediately upon receipt of an application. 5.6.3.4. Decision. A. Required Findings. To approve a Special Permit for a PWSF, the CPDC must make the following findings: 1. That the Applicant or co -Applicant has: a. demonstrated that it is a Personal Wireless Services provider in the Town of Reading area, and has sufficient ownership or leasehold interest in the proposed site to construct the PWSF; 16 b. provided written assent to the Town that the Applicant will allow Site - Sharing, to the extent reasonably practicable and that is appropriate for the site and surroundings, In a reasonable and nondiscriminatory manner, and c. demonstrated that the construction, operation and maintenance of the proposed PWSF are consistent with applicable environmental regulations including, but not limited to, National Environmental Policy Act (NEPA) criteria. 2. That the proposed PWSF (with conditions, if applicable) a. is part of the orderly development of PWSFs in the Town of Reading, and will result in a substantial improvement in the provision of Personal Wireless Service in the Town of Reading; b. is compatible with the Town of Reading's character and is designed and screened in a manner that is sensitive to the surrounding neighborhood as well as the community at large; protects adjacent properties from unreasonable risks of PWSFs, to the extent permitted by law, including without limitation excessive noise levels, falling objects, fuel spills, and attractive nuisance; c. if the proposed PWSF will Site -Share with an existing PWSF(s), that such Site Sharing Is found by the CPDC to be consistent with the purposes established in this bylaw; d. conforms with the PWSF Location and PWSF Installation preferences of Section 5.6.3.1.8 to the extent necessary to conform with the purposes established in this bylaw; e. ensures that all radio frequency (RF) emissions shall comply with the FCC requirements codified in 47 CFR § 1.1307 at seq as further interpreted by FCC Office of Engineering and Technology Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Magnetic Fields, or any successor regulation or bulletin, as some may be amended from time to time. f. if proposed as a new antenna tower, the Applicant has documented that no combination of one or more alternative Collocations and/or Site Sharing can substantially satisfy the Applicant's coverage objectives; and present a substantially less detrimental impact on the Town of Reading. g. satisfies the Purposes established by the Zoning Bylaw and, without limitation, the specific requirements and guidelines established in this bylaw; and h. if applicable, that the existing vegetation will be preserved or improved; and 17 I. where applicable, that disturbance of the existing topography has been minimized or that proposed manipulation of vegetation and disturbance of topography results in a lesser visual impact. B. Form of Decision. The CPDC shall act on a Special Permit request for the placement of a PWSF in accordance with G.L. c. 40A, §9 and may approve, approve with conditions, or deny an application. The Decision of the CPDC shall be timely, in writing and based upon substantial evidence in the written record. 1. Approval. Any approved Special Permit shall authorize specific PWS provider(s) and speck wireless service(s) to be operated by the Applicant(s) at the Antenna height(s) or positions specified in the application or approval document. 2. Approval with Conditions. The CPDC may impose conditions of approval as necessary to ensure that the purposes of this bylaw are achieved. For any condition that the CPDC establishes with reporting or monitoring requirements, including without limitation noise or radio frequency emissions, the CPDC shall seek the advice of an expert in the relevant field pursuant to Section 5.6.3.3.0 to identify the least burdensome protocol that is consistent with a legitimate public purpose identified by the CPDC. 3. Denial. Any denial shall be in writing and supported by substantial evidence contained in the record as required by the Telecommunications Act of 1996. 4. Reconsideration pursuant to Telecommunications Act. If the CPDC fails to find in favor of all elements of Section 5.6.3.4.A, the CPDC shall reconsider the proposed PWSF in the context of the Telecommunications Act of 1996. To approve the Special Permit under this section, the CPDC must make the following findings: a. That a significant gap exists in the coverage area of the proposed PWSF, which significant gap is' not necessarily equivalent to the lack of the Applicant's stated coverage objectives; b. That there are no viable alternatives involving one or more PWSFs to serve the significant gap; c. That not granting a Special Permit for the proposed PWSF (including conditions, If any) would effectively prohibit the provision of personal wireless services; C. Waivers. The CPDC may at its discretion authorize waivers in the Special Permit Approval with respect to the orders of preference in Section 5.6.3.1A and 5.6.3.1.8, and any dimensional or other requirements of Section 6.6.3.2.D and 5.6.3.2.E upon a finding that such waiver will achieve better results consistent with the purposes and standards established in this Section 5.6.3. 5.6.3.5. Removal of abandoned antenna towers and PWSFs. Any PWSF antenna tower, PWSF Communications Device, or PWSF that is not commercially operated for a continuous period of Eft twelve (12) months shall be considered abandoned, and the owner of such antenna tower, PWSF Communications Device, or PWSF shall remove same within ninety (90) days of receipt of notice from the Town notifying the owner of such abandonment. If such tower or facility is not removed within said ninety (90) days, the Town may cause such tower or facility to be removed at the owner's expense. If there are two or more users of a single tower, the height may be reduced to that required by the remaining user(s). If the permit holder for the tower ceases operation, the remaining users may be required to apply for a new Special Permit. or take any action with respect thereto. Community Planning and Development Commission Background: Article 8 is an amendment to the Section 5.6.3 of the Zoning Bylaw, Persona! Wireless Service Facility. When the comprehensive update of the zoning bylaw was completed last fall, the plan was to revisit certain parts of the bylaw for future changes including Personal Wireless Service Facility. The CPDC revised the Personal Wireless Service Facility with the assistance of Town Counsel. Article 8 amends the existing language in Section 5.6.3 to make it consistent with the requirements of the Federal Telecommunications Act. The existing bylaw does not include facility siting parameters or have a requirement that applicants demonstrate need. In general, we cannot prohibit these facilities but we can create regulatory requirements that would provide some measure of control over a Personal Wireless Service Facility. Through zoning we can require applicants to prove that there is a gap in coverage or otherwise a need for service that currently doesn't exist. Zoning language can also establish preferences in terms of site locations and installation types (e.g., co -location, site sharing, and towers). 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 October 13, 2015. ARTICLE 9 To see if the Town will vote to amend the Zoning Bylaws by: (1) Inserting, in appropriate alphabetical order, the following definitions into Section 2.0: Aquifer Protection Overlay District: The zoning district delineated and established by Section 10.3 of the Zoning Bylaw. Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation of surface water runoff to penetrate into the soil. Landfill: Any place where disposal of Solid Waste into or onto the land has been authorized by a permit. Open Dump: Any place operated or maintained in violation of any applicable federal or state laws, regulations or criteria for Solid Waste disposal. 19 Underground Storage Tanks: Any storage tank or container with all or any portion of the contents located beneath the surface of the ground. (2) Deleting the definition of Earth Removal contained in Section 2.0 in its entirety and inserting, in place thereof, the following: Earth Removal: The removal of sand, loam, sod or gravel on a lot, unrelated to landscaping or authorized construction thereon, to another lot or location. (3) Inserting, at the end of Section 3.4.1, the words "or to the Aquifer Protection Overlay District boundary lines established by Section 10.3 of the Zoning Bylaw." (4) Deleting from Section 3.2 "'Aquifer Protection Overlay District Map, Town of Reading' dated September, 1985 consisting of 1 panel", and inserting, in place thereof, the following: "Figure 2 Town of Reading, Massachusetts Zone II and Zone III Areas" prepared by Weston & Sampson Engineers, Inc. resulting from a study for the Town of Reading entitled "100 Acre Wellfield Zone II Study" dated July 1996, which shows certain aquifer protection areas consisting of aquifers or recharge areas. (5) Deleting Section 10.3 in its entirety and inserting, in place thereof, the following (Bold represents language to be inserted and crossed -out language is to be deleted): 10.3 Aquifer Protection District 10.3.1 Establishment and Delineation of Aquifer Protection Overlay District The Aquifer Protection Overlay District is delineated and established on a map entitled "Rgure 2 Town of Reading, Massachusetts Zone II and Zone III Areas" prepared by Weston & Sampson Engineers, Inc. resulting from a study for the Town of Reading Entitled 100 Acre Wellfield Zone If Study dated July 1996 which shows certain aquifer protection areas consisting of aquifers or recharge areas. Such map is hereby made a part of the Town of Reading Zoning Bylaw and is on file in the office of the Town Clerk and the Building Inspector's Office. Aquifer Protection District is an overlay district superimposed on the underlying zoning districts which shall apply to any portion of all new construction, reconstruction, or expansion of existing buildings structures and new or expanded uses whish fall, whnliy aF panially, that falls within such Aquifer Protection District. Uses prohibited in the underlying zoning distdcts shall not be permitted in the Aquifer Protection District. 10.3.24 Purpose of District The purposes of this the Aquifer Protection Overlay District are is4o: &g3A A. To promote the health, safety, and general welfare of the community by ensuring adequate quality and quantity of drinking water for the residents.. institutions, and businesses of the Town of Reading; 20 1032 B. To preserve and protect existing and potential sources of drinking water supplies; 10.3-3 C. To conserve the natural resources of the Town of Reading; and 1934 D. To prevent temporary and permanent contamination of the environment. 19:3,3--Bet+aitfene [ALREADY IN SECTION 2.0 DEFINITIONS] Aquifer Protection District: The zoning district delineated and established by Section 10.3 of the Zoning Bylaw. of Reading recharg-areas-lTO BE MOVED TO SECTION 2.0 DEFINITIONS] Impervious Surface: Material or structure on, above, or below the ground that does not allow precipftadon of surface water runoff to penetrate directly into the soil. paFk mg AuFfase readwhY tre-GeastASS of the wstad -with - epen-the-the a UO BE MOVED TO SECTION 2.0 DEFINITIONS] Mining sail, sand, OFave6 [TO BE COMPLETELY DELETED FROM ZONING BYLAW] Potential in.tpeiat , [TO BE COMPLETELY DELETED FROM ZONING BYLAW] [TO BE COMPLETELY DELETED FROM ZONING BYLAW] Ghaplff (A-) :24 G and 24 r and 34 9 GA4R 20 00, and also ude lush predusis (ALREADY IN 2.0 DEFINITIONS (UNDER HAZARDOUS MATERIAL]] 21 MOVE TO SECTION 10.3.36 Use Regulations In the Aquifer Protection Overlay District, the following regulations shall apply: 10.3.3.6-1. Permitted Uses The following uses are permitted within the Aquifer Protection Overlay District, provided that all necessary permits, orders, or approvals required by local, State or Federal laws are also obtained: 404..4.44—A. Conservation of soil, water, plants and wildlife; 40 a:6.7,2 B. Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted; 4ga C. Foot, bicycle and/or horse paths and bridges; In.+�-o4.�.4 D. Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices; 79.3.6:4,6 E. Maintenance, repair, and enlargement of any existing structure, except as prohibited by sdbjest—te-Section 10.3.3.278.26-2—of the Zoning Bylaw; W.3.6A.6 F. Residential development, except as prohibited by subject—ta Section 10.3.2 of the Zoning Bylaw 10 2 s 2; 22 ;0.3444 G. Farming, gardening, nursery, conservation, forestry, harvesting and grazing, except as restricted by subject-to Section 10.3.2. 10-3-6-2: W.&Ak8 H. Construction, maintenance, repair, and enlargement of MAkiag wells, pipelines, aqueducts and tunnels and other facilities related to drinking water supply; Land uses that alter a lot such that the total amount of Impervious Surface on the lot within the district would not exceed F86Ult in the FendeNnq impew ous Of MQFB than 15%-er 2,500 square feet or 15% of any that portion of the lot located within the District, whichever is greater, unless a system of artificial recharge of precipitation is designed with the applicable design standards established by the Massachusetts Department of Environmental Protection Stonnwater Regulations and approved by the Town Engineer is provided; eaesparge Of PF88ipitAWA shall he pmvided that will not result in the degradation of groundwater quality. Recharge -plans shall semplwith the 1302 y GtGFA1Wat9F G del nee And Rhall he J. Underground storage tanks containing liquid propane products for normal household use, that are installed and used in accordance with all applicable local, state and federal laws and regulations; K. Storage of liquid hazardous materials or liquid petroleum products, if such storage is either: (1) In a container or tank within a building and situated upon or above an impervious surface with all sides accessible and visible; or (2) Outdoors in covered a container or above -ground tank In an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all such containers or tanks, or 110% of the storage capacity of the largest of such containers or tanks, whichever is greater; provided, however, that these storage requirements shall not apply to the replacement of existing containers or tanks or systems for the keeping, dispensing or storing of gasoline if the replacement Is performed in a manner consistent with state and local requirements . 10.3.36.2 Prohibited Uses The following uses are prohibited: 10.3.6.2.1 A. Landfills and open dumps. asClefined IR 310-GMR 18.006i 23 10 26 P P B. Automehile graveyards and junkyards., as defined Is Maseashuselts 40 ? 6. 2 C. Landfills receiving only wastewater residuals and/or septage residuals including those approved by the Department of Environmental Protection pursuant to Sections MassaGhusetts General Law G. 21, Section 26 through 53 of Chapter 21, Section 17 of Chapter 111; or Section i Massa Section 6 and 7 of Chapter 83 of the Massachusetts General Laws, and regulations promulgated thereunder; 1^.62.24 D. Facilities that generate, treat, store, or dispose of hazardous waste that are subject to Chapter . 21C of the Massachusetts General Laws and 310 CMR 30.00, except for the following: 102A241 1. 1. Very small quantity generators as defined under 310 CMR 30.000; 10.3.6.2.4.2 2. Household hazardous waste centers and events under 310 CMR 30.390; Waste oil retention facilities required by Massaehusells 6eaeral-I=aw 9. 23, Section 52A of Chapter 21 of the Massachusetts' General Laws, and; 110.3.' 6.2.",-4 4. Water remediation treatment works approved by MassOEP for the treatment of contaminated ground-ewudase waters; 4.36.2.4.5 E. Petroleum, fuel oils, and heating oil bulk stations and terminals Including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983, 10.3.6.2.4.6 F. Storage of liquid hazardous materials or as defined In SRAtIen 10 3.3 and liquid petroleum products ..,th the "^ and used in aGGGFdaRQ9 with a" seal, state and fmciiniral :rAm and regulatlens-unless such storage is permitted by Section 10.3.3.1(K). .r..,...i an of the total PARRiblA storage sapasity of all senta neirs, BF 110% A �-3.9.2 7 G. Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31; 24 1026248 H. Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate; 19.3.6.2.4.9 I. Storage of animal manure unless eevered-A contained in-asserdanse within a structure designed to prevent the generation and escape of contaminated runoff or leachate. J. Storage of commercial fertilizers, Law GhaPteF 4:211, 64. unless such storage is within a structure designated designed to prevent the generation and escape of contaminated runoff or leachate; K. Stockpiling and disposal of snow and ice containing deicing chemicals if -brought in from outside the district; 1&3§2-4 1 L. Earth removal, except for excavations for building foundations, roads utility works or wetlands restoration work conducted in accordance with a valid Order of Conditions Issued pursuant to Section 40 of Chapter 131 of the Massachusetts General Laws; gFGwPdWa1BF as Utility WOF146; ^.' �' �.�- .4.44 M. Treatment or disposal works subject to 314 CMR 5.00, for non - sanitary wastewater, Including those activities listed under 310 CMR 15.004(6), except for. diaGhaFge in the qmwnd of Ron eanitaFY Waste , the mpla-ement OF F .! .aF-bn bnnlnnnlua•Ln IAa�II-raf FBSU!t d.s gR Ga�j�81eta existing treatment W8FkGj bworks approved by MassDEPthe--Bepartmeni—ef designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13); and e 2. Publicly owned treatment works. 1/ O694i2 li:aught �,,f•^m e64sidetAa dist.:s4i [MOVED TO K ABOVE] designated IS P.` vent the runo€f-ecaeaahat�[MOVED TO JnABOVE] 25 10.2.6.'.".'" N. Underground storage tanks containing Tax iaand Hazardous Materials .A defined R n Reston 40,33 except as permitted by Section 10.3.3.1.) or Section 10.3.3.1.K. related le aGtvilies in 5994 an IQ 3 6 1 R . : _ •• . • _ . -• - _ : : ••• • . _ _ ._fS1:T?1f19'-'1"!TJ'-'t•]:CT.TTT. 10.3.48 Administration Rules and Regulations Section 10.3 of the Zoning Bylaw This by' shall be administered by the Community Planning and Development Commission, which shall also have the authority to adopt rules and regulations to implement its provisions Sevemng the design 9f ;Rfi �; or lake any other action with respect thereto. Community Planning and Development Commission Backoround: Article 9 is an amendment to the Section 10.3 of the Zoning Bylaw, Aguifer Protection District When the comprehensive update of the zoning bylaw was completed last Fall, the plan was to revisit certain parts of the bylaw for future changes including Aouffer Protection District. The CPDC revised the Aquifer Protection District with the assistance of Town Counsel and with input from the Department of Environmental Protection (DEP), the State office that regulates this requirement. The Aquifer Protection District needs to be in compliance with the DEP water withdrawal permit program and drinking water regulations. The amended zoning will simplify, clarify, and make it easier for property owners in the Aquifer Protection District for several reasons, including: 1. Definitions are now consolidated into Section 2.0 with all of the other Definitions; 26 2. Artificial recharge systems are no longer required for residential redevelopment that would result in exceeding the impervious area threshold. For example, an addition to a single family home that Increases the lot coverage and would exceed the impervious area threshold could address drainage through developing rein gardens, swales, and other easier and typically less expensive improvements; 3. The DEP has agreed that we can relax the requirements and still meet the State's regulations. Following is a view of the clean text for your background: 10.3 Aouifer Protection District 10.3.1 Establishment and Delineation of Aquifer Protection Overlay District The Aquifer Protection Overlay District is delineated and established on a map entitled "Figure 2 Town of Reading, Massachusetts Zone II and Zone III Areas" prepared by Weston 8 Sampson Engineers, Inc. resulting from a study for the Town of Reading Entitled 100 Acre Wellfield Zone II Study dated July 1990 which shows certain aquifer protection areas consisting of aqulfers or recharge areas. Such map Is hereby made a part of the Town of Reading Zoning Bylaw and Is on file in the office of the Town Clerk and the Building Inspectors Office. Aquifer Protection District is an overlay district superimposed on the underlying zoning districts which shall apply to any portion of new construction, reconstruction, or expansion of existing structures and new or expanded uses, that falls within such Aquifer Protection District. Uses prohibited In the underlying zoning districts shall not be permitted in the Aquifer Protection Distdcl 10.3.2 Purpose of District The purposes of the Aquifer Protection Overlay District are: A. To promote the health, safety, and general welfare of the community by ensuring adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Reading; B. To preserve and protect existing and potential sources of drinking water supplies; C. To conserve the natural resources of the Town of Reading; and D. To prevent temporary and permanent contamination of the environment. 10.3.3 Use Regulations In the Aquifer Protection Overlay District, the following regulations shall apply: 10.3.3.1. Permitted Uses The following uses are permitted within the Aquifer Protection Overlay District, provided that all necessary permits, orders, or approvals required by local. State or Federal laws are also obtained: A. Conservation of soll, water, plants and wildlife; B. Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted; C. Foot, bicycle and/or horse paths and bridges; 27 D. Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices; E. Maintenance, repair, and enlargement of any existing structure, except as prohibited by Section 10.3.3.2 of the Zoning Bylaw; F. Residential development, except as prohibited by Section 10.3.3.2 of the Zoning Bylaw; G. Fanning, gardening, nursery, conservation, forestry, harvesting and grazing, except as restricted by Section 10.3.3.2; H. Construction, maintenance, repair, and enlargement of wells, pipelines, aqueducts and tunnels and other facilities related to drinking water supply; 1. Land uses that alter a lot such that the total amount of Impervious Surface on the lot within the district would not exceed 2,500 square feet or 15% of that portion of the lot located within the District, whichever is greater, unless a system of artificial recharge of precipitation is designed with the applicable design standards established by the Massachusetts Department of Environmental Protection Stonnwater Regulations and approved by the Town Engineer is provided; J. Underground storage tanks containing liquid propane products for normal household use, that are installed and used in accordance with all applicable local, state and federal laws and regulations; K. Storage of liquid hazardous materials or liquid petroleum products, If such storage is either; (1) In a container or tank within a building and situated upon or above an impervious surface with all sides accessible and visible; or (2) Outdoors in covered a container or above -ground tank In an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all such containers or tanks, or 110% of the storage rapacity of the largest of such containers or tanks, whichever is greater; provided, however, that these storage requirements shall not apply to the replacement of existing containers or tanks or systems for the keeping, dispensing or storing of gasoline if the replacement is performed in a manner consistent with state and local requirements. 10.3.3.2 Prohibited Uses The following uses are prohibited A. Landfills and open dumps; B. Auto graveyards and junkyards; C. Landfills receiving only wastewater residuals and/or septage Including those approved by the Department of Environmental Protecdon pursuant to Sections 26 through 63 of Chapter 21; Section 17 of Chapter 111; or Section 6 and 7 of Chapter 83 of the Massachusetts General Laws, and regulations promulgated thereunder, W-1 D. Facilities that generate, treat, store, or dispose of hazardous waste that are subject to Chapter 21C of the Massachusetts General Laws and 310 CMR 30.00, except for. 1. Very small quantity generators as defined under 310 CMR 30.000; 2. Household hazardous waste centers and events under 310 CMR 30.390; 3. Waste oil retention facilities required by Section 52A of Chapter 21 of the Massachusetts General Laws, and; 4. Water remediation treatment works approved by MassDEP for the treatment of contaminated waters; E. Petroleum, fuel oils, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5963; F. Storage of liquid hazardous liquid petroleum products unless such storage Is permitted by Section 10.3.3.1.K; G. Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31; H. Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate; I. Storage of animal manure unless contained within a structure designed to prevent the generation and escape of contaminated runoff or leachate; J. Storage of commercial fertilizers unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate; K. Stockpiling and disposal of snow and ice containing deicing chemicals brought In from outside the district; L. Earth removal, except for excavations for building foundations, roads utility works or wetlands restoration work conducted in accordance with a valid Order of Conditions Issued pursuant to Section 40 of Chapter 131 of the Massachusetts General Laws; M. Treatment or disposal works subject to 314 CMR 5.00, for non -sanitary wastewater, including those acbvhies listed under 310 CMR 15.004(6), except for. 1. Treatment works approved by designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13); and 2. Publicly owned treatment works. N. Underground storage tanks containing Hazardous Materials except as permitted by Section 10.3.3.1.J or Section 10.3.3.1.K 29 10.3.4 Administration Rules and Regulations Section 10.3 of the Zoning Bylaw shall be administered by the Community Planning and Development Commission, which shall also have the authority to adopt rules and regulations to implement Its provisions Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 5-D-0 at their meeting on October 13, 2015. ARTICLE 10 To see if the Town will vote to amend the Zoning Bylaw to provide for associate members on the Community Planning and Development Commission and Zoning Board of Appeals by: (a) Adding a new Section 4.3.3 as follows: 4.3.3 The CPDC may have one (1) Associate Member appointed by the Board of Selectmen for a two (2) year term. Except as otherwise provided by law, if any regular member is absent from a meeting, disqualified from acting, or otherwise unable to deliberate, the chair of the CPDC may designate an Associate Member to deliberate and vote on any matter before the CPDC. An Associate Member so designated shall be entitled to continue to participate in the matter as necessary and to remain qualified to vote thereon. (b) Adding a new Section 4.5.3 as follows: 4.5.3 The Zoning Board of Appeals shall have two (2) Associate Members appointed by the Board of Selectmen for three (3) year terns. If any regular member is absent from a meeting, disqualified from acting, or otherwise unable to deliberate on a particular matter that comes before the Zoning Board of Appeals, the chair of the Zoning Board of Appeals may designate one or more Associate Members to deliberate and vote on any matter before the Zoning Board of Appeals. If more than one Associate Member is available to fill a temporary vacancy, the chair shall designate the Associate Member having the greatest tenure on the Zoning Board of Appeals; provided, however, that any Associate Member so designated shall be entitled to continue to participate in the matter as necessary and to remain qualified to vote thereon. or take any other action with respect thereto Community Planning and Development Commission Background: The Charter Review Committee discussed the topic of Associate members at length during their review process. As many Town Meeting members will recall, during the January 2015 Special Town Meeting it was decided to leave only broad language in the Charter on this issue, and to request a change to the General Bylaws that would contain further details. That way, future changes needed would go through the comparatively easier process of changing the General Bylaws. Such a bylaw was passed by April 2015 Town Meeting. In late August 2015 the Attorney General ruled that neither the Community Planning and Development Commission nor the Zoning Board of Appeals were allowed Associate members under the general bylaw: 'we approve the new Section 3.3.1.6, but the Town cannot apply it to the Zoning Board of Appeals (LBA) or 30 the Planning Board. It would be inconsistent with G.L. c. 40A, §§ 9 and 12, to create an essociale member positron on the ZBA or the Planning Board by way of a general by-law. General Laws Chapter 40A, Sections 9 and 12 authorizes the appointment of associate members to the ZBA and the Planning Board only by way of a zoning by -low, adopted in accordance with the requirements of G.L. c. 40A, § 5. If the Town wishes to provide for appointment of associate members to the ZBA or the Planning Board, it will have to amend its zoning by-laws." This Article proposes to change the zoning bylaws and accomplish the original intent of April 2015 Town Meeting. Note one change to that intent - the state's Zoning Act allows Planning Boards to have only one associate member, who can vote on Special Permits. Below are the relevant sections described above, first the new section from the Charter describing Associate Members broadly, followed by the new General Bylaw with more details: CHARTER 4.15 Associate Membership All appointed boards or committees authorized by Article 4 may have associate members H specified in the Charter, Town Bylaw or Massachusetts General Laws. Associate members shall be appointed in the same manner as other members of the board or committee. All rules and regulations relating to associate membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision defining the conduct of such bodies. Associate members may not vote on any issue to be decided by the board or committee to which the individual is appointed as an associate member except as allowed by the Charter, Town Bylaw or the Massachusetts General Laws. Associates members of boards or committees serving as of the effective date of this Section 4.15 shall be allowed to serve until the end of their form or until June 30, 2015, whichever comes first. GENERAL BYLAW 3.3.1.6 Appointment of Associate Members All boards and committees appointed by the Board of Selectmen may have Associate Members. The provisions of this section shall be applicable to all Associate Members of such bodies except as otherwise provided. The number of Associate Members on a board or committee shall not exceed two-thirds (213) of the number of regular members on that board or committee. Associate Members shall serve for a two (2) years term, so arranged that as nearly an equal number of terms as possible shall expire each year. Associate Members shall be appointed by the Board of Selectmen. If any regular member is absent from a meeting, disqualified from acting, or otherwise unable to deliberate on a particular matter that comes before a board or committee, the chair of such board or committee may designate one or more Associate Members to deliberate and vote on any matter before the board or committee. If more than one Associate Member is available to rill a temporary vacancy, the chair shall designate the Associate Member having the greatest tenure on the board or committee; provided, however, that any Associate Member so designated shall be entitled to continue to participate in the matter as necessary and to remain qualified to vote thereon. Finance Committee Report: No report 31 Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 5-0-0 at their meeting on October 13, 2015. 'Board of Selectmen Repoli: The Board of Selectmen on October 6, 2015 voted 5.0-0 to support this Article. ARTICLE 11 To see if the Town will vote to amend Section 3.3.1.4 Removal for Absence as follows (Bold represents language to be inserted and crossed -out language is to be deleted): 3.3.1.4 Removal for Absence If any member of any board, committee or commission is absent from three (3) or more successive meetings of the board, committee or commission, the other members of said board, committee or commission may by an affirmative vote of its majority request the appointing authority to remove such absenting member from his membership7and-the auther4ty May theFeafteF 60 FeFneve Bush FneMheF 8A-1 Shall Ratify hiFF1 by mad' Of susp.rerneval in accordance with the provisions of Section 8.12 of the Reading Home Rule Charter. or take any other action with respect thereto. Board of Selectmen Background: A new section in the Charter (8.12 Removal of an Appointed Board or Committee Member) clarifies and offers more structure to the process of removing a volunteer. The change suggested to the general bylaw in this Article reflects the change made to the Charter. 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 October 13, 2015. *Board of Selectmen Report: The Board of Selectmen on October 6, 2015 voted 5-0-0 to support this Article. ARTICLE 12 To see if the Town will vote, pursuant to Section 5.2 of the General Bylaws, to approve and authorize the Board of Selectmen to settle litigation arising out of the Sutton Brook Disposal Area Superfund Site, involving payment of a sum of more than fifty thousand dollars ($50,000.00), and to raise and appropriate, borrow, transfer from available funds, or otherwise provide a sum of one hundred twenty five thousand dollars ($125,000.00) for the purpose of such settlement; or take any other action with respect thereto. Board of Selectmen Background: This Article has been brought to Town Meeting twice before, and tabled each time as we had no definitive legal settlement to complete. As of the closing of the Warrant for November Town Meeting we expect to have a comprehensive settlement as the legal negotiations are nearly complete. 32 At the Special Town Meeting in January 2015 we provided this background: A late -breaking litigation matter was brought to the Town's attention in early December 2014. This included a proposed a settlement to be paid in late December 2014 in order to avoid litigation. Town Counsel was able to secure an extension for any possible settlement to allow for action by the January 2015 Special Town Meeting. If such a settlement is advisable, Town Counsel will explain the issue to Town Meeting on the floor, otherwise this Article will be tabled. At the Special Town Meeting in April 2015 we provided this update: The Town may be named as defendant in a suit seeking contribution towards the cost of cleanup of the Sutton Brook Disposal Area Superfund Site, formerly known as Rocco's Landfill. The Town has received a preemptive offer of settlement, to be paid in exchange for avoiding litigation. Town Counsel has been looking into both the chances such a suit will actually be brought as well as the legitimacy of any claims the Town would face. Town Counsel and the Board of Selectmen will meet in Executive Session on April 14, 2015 in order to recommend a course of action. This Article is placed on this Warrant as a placeholder in the event that there is need for Town Meeting to approve the payment of a settlement. Finance Committee Report: The Finance Committee recommends Article 12 by a vote of 6-0- 0 at their meeting on October 14, 2015. Bylaw Committee Report: No report. 'Board of Selectmen Report: The Board of Selectmen on October 6, 2015 voted 5-0-0 to support this Article. ARTICLE 13 To see If the Town will vote to appropriate, by borrowing a sum of one million two hundred thousand dollars ($1,200,000.00), to transfer from the Sale of Real Estate Fund seven hundred thousand dollars ($700,000.00), and to transfer from the Cemetery Sale of Lots Fund one hundred thousand dollars ($100,000.00) for a total of two million dollars ($2 million) for the purpose of constructing a Cemetery garage and related facilities, including site preparation, construction, architectural, engineering and construction services, inspection and costs of financing, and for the purpose of equipping and furnishing said facilities and other costs incidental thereto; 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 to take any other action with respect thereto. Board of Cemetery Trustees Background: In April 2015 the Board of Cemetery Trustees presented a similar article to Town Meeting that did not receive the needed support. Town Meeting requested that the matter be referred to the new Permanent Building Committee, and further that the Facilities department take over maintenance of the building. Since that time, the Town Manager ordered formal inspections of the facility by the Town's property & casualty Insurer, followed by the Town's Building Inspector and Fire department. All inspections pointed to a structurally sound building that had been seriously neglected, and cited several operating improvements needed. Of particular note was the unsafe wood stove used in the colder months as noted by both the Fire department and the Building Inspector. 33 The newly restructured Facilities department has since stepped in to make life -safety and other improvements, and expect the building to be able to function safely for the near term. In addition DPW has instituted improved operational procedures at the facility. However, there is no question a more permanent solution is needed. While volunteer applications for the new PBC arrived slowly over the summer months, an outstanding group has been selected that should well serve the long tens interests of the town. As of this writing, the PBC has already mel twice to discuss this issue. For all the reasons stated last April, the Town prefers to have the PBC take control of both a cemetery garage and the full DPW garage facility decisions. The Town would certainly support a funding request at November 2015 Town Meeting for design studies if the PBC desires. Finance Committee Report: The Finance Committee recommends Article 13 by a vote of 0-6- 0 at their meeting on October 14, 2015. Instead the Finance Committee would like to see the issue assigned to the Permanent Building Committee (PBC) for review. Further, the Finance Committee would like to be involved in studying any economic development prospects as well as operational costs of the siting decisions for DPW building needs, including the Cemetery division. Finally, the Committee would encourage the PBC to request funds in order to obtain high quality information for this discussion. Bylaw Committee Report: No report. 'The Board of Cemetery Trustees Report: The Board of Cemetery Trustees Is asking Town Meeting to approve $ 2,000,000 for a new building to replace a ninety plus year old building. The proposed financing is different from the Article presented last spring, $ 1,200,000 from debt ($240,000 a year for five years) $700,000 from sale of real estate fund and $ 100,000 from sale of cemetery lots. While there is no location specified in Article 13, based on a report of several locations done In May of 2010 by the town's engineering division the Trustees strongly feel that a 20,000 sq ft plus lot in the southwest section of Forest Glen will provide an efficient central location for the building and space enough to serve the department for many years to come. Last spring there was a question as to validly of the sq. R. price of the proposed building. The Town of Medfield just built a 36,000 sq ft steel framed 12 "masonry block wrapped DPW facility for $ 9,000,000 or $ 236 per sq fl. The Cemetery Board feels strongly that the proposed 3,500 to 4,000 sq ft building can be built within the funds requested including a roof and we ask you to vote to approve the funds. The Town of Wakefield Municipal Light and Gas department built a 33,000 sq ft building for just under $ 5,000,000 or $ 151 per sq ft for a brick faced. *Permanent Buildina Committee: Action Pending. -Board of Selectmen Report: On October 6, 2015 the Board of Selectmen voted 0-5-0 to support the subject matter of Article 13. The Board acknowledges that the cemetery garage is in need of renovation or replacement. Following last spring's Instructional motion from Town Meeting, the reorganized Facilities department worked with the our Property & Casualty insurer, the Building Inspector and the Fire department in order to determine first that the building Is structurally sound. After that fact was confirmed, they have made necessary short-term safety 34 improvements in the facility, and suggested changes in operational use of the facility to further the objective of safety. It is the Board's belief that Article 13 should be referred to the newly created Permanent Building Committee (PBC) for action. The PBC may have an alternative recommendation for action to be taken on the cemetery garage under either Article 5 or Article 13, namely, the seeking of design funds as also suggested at Annual Town Meeting last spring. ARTICLE 14 To see if the Town will vote to amend the General Bylaws by deleting Section 8.9.1 in its entirety and inserting, In place thereof, the following: 8.9.1 Firearms 8.9.1.1. Definitions As used in Section 8.9.1, the following terms shall have the following definitions: • "Firearm' shall mean a pistol, revolver, rifle, shotgun or other weapon of any description, from which a bullet or shot can be discharged using a propellant powder. 8.9.1.2. Discharges Prohibited Except as provided in Section 8.9 1.3, no person shall fire or discharge any Firearm of any kind: • On, over or onto of any street, highway, park or other public property; or • Within 1,000 feet from a dwelling or other building in use, or 300 feet from a public way; or • On, over or onto any private property except by the owner or legal occupant thereof, or a person carrying the written consent of such owner, which shall be valid for no more than one year from its issuance, and which shall be available for review upon the request of any law enforcement officer. 8.9.1.3. Authorized Discharges The prohibition set forth in Section 8.9.1.2 shall not apply to • The use of such weapons in the lawful defense of any person, family or property; or • Any law enforcement officer or member of the armed forces acting within the scope of lawfully authorized duties; or • The use of such weapons on any lawfully permitted target, trap or skeet range. or take any other action with respect thereto. 35 Board of Selectmen Backaround: This warrant article is the result of an instructional motion that was put forward at the Special Town Meeting of January 2015. Town Meeting Members voted to ask the Board of Selectmen and the Town Manager to: - look into how and why General Bylaw 8.9.1 was amended in 2011 and report back to Annual Town Meeting; - Investigate the history of the Timberneck Swamp and how it was designated conservation land with an island of private land in the middle of it and report back to Town Meeting at Annual Town Meeting; - Determine and implement strategies that will, in the immediate future, improve the safety of nearby residents and travelers through the neighborhood of the Timbemeck Swamp by, for example, clearly and visibly delineating the boundaries of this conservation land, posting 'no hunting" signs on all parcels of town land, etc.; Investigate the legality of transporting any type of firearm or explosives across town land for the purposes of hunting, sporting, etc., and report back to Annual Town Meeting; - Appoint a working group to draft a revision to General Bylaw 8.9.1 that protects the rights and interests of all town citizens. In order to complete this last request, in May of 2015 the Board of Selectmen's Volunteer Appointment Sub -Committee interviewed several candidates and the Board appointed a Firearm Ad Hoc Committee comprised of (2) Board of Selectmen, the Deputy Police Chief and four residents of the Town of Reading, including at least one Town Meeting member. The Ad hoc Committee met five times over this summer to discuss General Bylaw 8.9.1 and with the help of Town Counsel, determined that our current bylaw was not well written or easy to follow. Below is the full text of the current bylaw that is suggested to be deleted in its entirety: 8.9.1 FIREARMS No person shall fire or discharge any fireworks, firaerms, cannon or explosives of any kind on or within Ne limits of any street, highway, park or other public property except with the written permission of the Board of Selectmen or as designee, or on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen or its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, nor to the rights and privileges of an owner or lessee of land as set forth in MGL Chapter 131 relative to hunting and sporting. The Ad Hoc Committee instructed Town Counsel to write a total of five new versions of General Bylaw 8.9.1 for the committee to discuss, representing several different viewpoints. After significant discussion and compromise, the proposed General Bylaw 8.9.1 before you represents the version the committee voted to present to Town Meeting, Finance Committee Report: No report. Bylaw Commiftee Report: The Bylaw Committee recommends this Article by a vote of 5-0-0 at their meeting on October 13, 2015. *Board of Selectmen Report: The Board of Selectmen on October 6, 2015 voted 5-0-0 to support this Article. M and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to November 9, 2015, 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 thistf m day of Se#*,bk , 2015. 9 --- John R. Halsey, Vice Chairman SELECTMEN OF READING Thomas H Freeman JzConstable 37 •f �|�|If`!`f§||!!|!■!|f| "|||!||| f.! ... ........... . . . . §... ...... |�! § � ... .......}.. . } ■|! | � ... .......... . . . . £ \ f! ■!. |..|...}.. |■ !||. .1.....\.. . if • ! | ||! A....| .! . . . . ;|! !■§| .1....| . |.! |.| ....�.|..| !• ! ! |'! ||| '!|..'�'' ,■!,!,! „ ! ,�,..!■l.,...��.l,■■■ ! Is�ii��l� 39 n|!||!!|!|||! 2 2 |. . . |. . . | � §|! | | � ;�! | ■ � | § | !! | | � | | - ! | | |§ |!! || | -! ! a' if | Ilk ƒ | { !||!| ! 40 |||!.|lffl.■ „ •.|.!. !!�| . . E . §... .. � . . �. .. .. �....�.�.. \ < f... ......].. \ . . \. . .. $... ..... ). . „... ...... .. : . . !. <. .1... � .#■ f��. ;i�. .1... .■# 2- • ■. 1....... .|! � _!!!!�!■ll��.��■■!■■■■!!«z■t�||■ sill !||�� • �� I � �/�� 41 42 E|| m ® ! ! !! §! zz| ! ! !! ^| ■ E | | ■, - . §£� || | | | $ ) 77! | |§| ;! | | |$ ) !■|| ! || §| , # # ! ## ■# § | | ■|�� ^| §||| | | !§ ! | \ ƒ| | |!| !|«! $ � !!| ! | !■!! |f!!t■ } | Au um �!§.§ n, - ||!!|$|!|k!|t' 42 ■||||||||!!!!!||||||||| E || ! ! | §! ,■. £ ' || ! | ! | ! || ! 7 | | ( a . -| ! ■ ! r!!EE ! *77 !-! { ! .|§ !E!=!|%■ a117 �ii�|!|||�!�■�|i|!|!|�!!||\ 43 44 !� Ell | ! ! • � �|| ■ ■ ! ;� � ! ■ # , ■|' | ! a §AN f " � M ^ | ! | §||| ,! ■ ■ | | ! ! !£, ! l.f=.-£FEE|=■ ! �|!!§I!! !�!!!!!■||�||||$ | 44 �||!||| $|!!||!|!||||!■$ | q| ■ � § $ � ■ , ■ ■ K| | | | | | | -g !- ig■ |#!■ | ]All Ifs } mak 45 m .|�I, !|,. E � � |18 - \ � §' |! ■ || !k|| [ j�{� || ■|| | !!/ f' || ! || ■ || | |!/� | ! | ! || ! || ||!{ | !! ! || ■ || \ |!/� |' !| ! §# ■ || 7 ||{. |' | I !!!■ || q |§2+ ƒ| . � « fif!|t7!|�!f§�■{ ,||F:lf � m W YIY9YN IYAII�I III�AIII�lllllNl� 11 WWI99 wwN www ww W 50 II ON II g � n rIN I 1 11111, 50 51 a n� JIM 1111 11 1 11 1111 IN III IIII , JIM 11 J 51 52 ski ,FY's Ti�N^ NN R R ..99{{R8 N�4 yapa 9i§ aMNn gggg-gg JA U RR I gggg gg$$ R�@ EE A 79 mRRa 8R $gE eve I0�1 r'zA ago �� IR SSB^ 6 9� -RRR = R 8d go X111 ]All a R^ RR 141 M 111A am Aggi C�£C 0 § �p gig Egg XUR Son �p�p8 AA�¢i RR RR� ppg ER� 44 � EG S _R $$- A L# d L - RRl 52 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 any time. • 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 53 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 floor 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 Following 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 54 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 Meedna 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 Meetina 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. 2.1.8 Adiourned Town Meetna Sessions Adjourned sessions of every Annual Town Meeting after the first such adjourned 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. 2.1.8 posting 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 Closing 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 (5") 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 (71h) 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 following rules shall be observed Rule 1 A majority of Town Meeting Members shall constitute a quorum for doing business. 55 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 warrent 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 state his name 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 8 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 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 fad of his interest or his employer's 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 56 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 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 the 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 The previous question shall be put in the following forth 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 Appointment 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, B 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 57 2.2.4.1 Notice to Reconsider 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 facts or arguments not previously presented by any speaker. 2.2.4.2 Federal of 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 SfaIs 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 Meeting 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. Chairmen shall serve no more than six (6) consecutive years in that m 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 adjoumment 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 wfth 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 Thrse membeof 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. 59 �'%�rN[D0.P0FB o, ��t�c I "QI FAX; (781) 942.9070 Website: www.readingma.gov Town of Reading 16 Lowell Street Reading, MA 01867-2685 TOWN CLERK (781) 942.9058 Town Meeting Handout Guidelines 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 I 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 AN 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 • Al handouts not distributed must be picked up at the end of each night or they will be recycled at the end of each night All 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 ME