HomeMy WebLinkAbout2016-11-14 Subsequent Town Meeting Warrant ReportSPECIAL TOWN MEETING
NOVEMBER 14, 2016
TABLE OF CONTENTS
Title
Sponsor
Pane
2
N21nstructions
eports
Board of
Selectmen
Board of
2
Selectmen
3
Amending the Capital Improvement Program FY2017 — FY2027
Board of
3
Selectmen
4
Dispose of Surplus
Board of
4
Selectmen
5
Rescind Library Debt Authorization — Premium Received
Board of
5
Selectmen
6
Rescind Debt Authorization
Board of
g
Selectmen
7
Transferring Previous Debt Authorization — General Fund
Board of
g
Selectmen
8
Transferring Previous Debt Authorization — Water Enterprise
Board of
g
Fund
Selectmen
ebt(Grants — Sewer Enterprise Fund
Board of
10
Selectmen
brary Debt — Cost of Project
TAmend
Board of
12
Selectmen
FY2017 Budget
Finance
12
Committee
12
Approve Payment of Prior Year's Bills
Board of
14
Selectmen
13
Increase Retirement Cost of Living Base
Retirement
15
Board
14
Abandon Drainage Easements— 21 Hunt Street and 26 Lee
Board of
16
Street
Selectmen
15
Abandon Streets — Oakland Road
Board of
Selectmen
18
16
Authorize Sale of Real Estate — Oakland Road
Board of
Selectmen
19
17
General Bylaw—Authorize the Town Clerk to make Non-
Substantive Corrections to Bylaws (GBL 1.4)
Board of
Selectmen
21
18
General Bylaw—Authorize Revolving Funds (new GBL 6.6)
Board of
Selectmen
21
19
General Bylaw— Storm Water Management and Erosion Control
(new GBL 7.9)
Board of
Selectmen
23
20
General Bylaw— Establish Department of Public Works (new
GBL 8.5.1, renumber thereafter)
Board of
Selectmen
35
21
General Bylaw—Temporary Repairs on Private Ways (new GBL
8.5.3, renumber thereafter)
Board of
Selectmen
37
22
General Bylaw— Establish Storm Water Utility (new GBL 8.5.9)
Board of
Selectmen
40
23
General Bylaw— Illicit Connections and Discharges to Storm
Drain System (new GBL 8.12)
Board of
Selectmen
41
24
Zoning Bylaw—Community Planning and Development
Commission (ZBL 4.3)
CPDC
47
25
Zoning Bylaw - Site Plan Review (ZBL 4.8)
CPDC
49
26
Zoning Bylaw — Pet Grooming (ZBL 5.3.1 and associated
definition)
CPDC
64
27
Zoning Bylaw — Special Home Occupation (ZBL 5.3.2 and 5.6.7
and associated definition)
CPDC
66
28
Zoning Bylaw—Accessory Apartments (ZBL 5.4.7.3(b))
CPDC
70
29
Zoning Bylaw—Accessory Buildings or Structures (ZBL 5.5)
CPDC
73
30
Zoning Bylaw — Lot Shape (ZBL 6.2. 1)
CPDC
78
31
Zoning Bylaw— Signs (ZBL 8.0)
CPDC
80
APPENDIX
Capital
Blue pages
130
Debt
Blue pages
138
Storm Water
Blue pages
142
Water
Blue pages
143
Sewer
Blue pages
145
Conduct of Town Meeting
146
Town Meeting Handout Guidelines
153
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officers Return, Reading:
By virtue of this Warrant, I, on ESE[ember 2{32016 notified and warned the inhabitants of the
Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the place and
at the time specified by posting attested copies of this Town Meeting Warrant in the following
public places within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2 Reading Police Station, 15 Union Street
Precinct 3 Reading 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 14, 2016, 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
Seutember 28 , 2016.
omas Fri man , Constable
A true copy Attest:
H1n.vw-e
Laura Gemme, Town Clerk
TOWN WARRANT
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings
In the name of the Commonwealth of Massachusetts, you are hereby required to notify and
warn the inhabitants of the Town of Reading, qualified to vote in 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 14, 2016, 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
Backaround: This article appears on the Warrant for all Town Meetings. At this Subsequent
Town Meeting, the following reports are anticipated:
➢ Town Moderator "37e Celebration Committee"
-
➢ RMLD General ManagerAnnual update"
➢ Superintendent 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 respect thereto.
Board of Selectmen
Backaround: This Article appears on the Warrant of all Town Meetings. There are no known
Instructional Motions at this time. The Town Moderator requires that all proposed Instructional
Motions be submitted to the Town Clerk in advance so that Town Meeting Members may be
"warned" as to the subject of an Instructional Motion in advance of the motion being made.
Instructional Motions are normally held until the end of all other business at Town Meeting.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 3 To see if the Town will vote to amend the FY 2017-27 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 Rem unless such
item is included in the Capital Improvements Program (CIP), 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 FY2017 — FY2027 CIP (current year plus ten years):
General Fund
FYI 7: -$36.000*$49.ee9
$30,000 DPW/Engineering Scenner/Plotter (moved up from FY18)
+ $19,000 School van (total now $55,000)
* $15,000 West Side Fire roof repair (total now $90,000)
4100,000 Reduce allocation to cemetery space needs evaluation
FY18: 5215.000
$135,000 DPW Screener (replace 1994 equipment - moved up from FY20)
- $350,000 RMHS Boilers (defer to FY20 as part of larger energy efficient review)
FY19+
Various other changes made
- water
$320,000 water main work and related repairs
+$15,000 unidirectional flushing program (now $45,000)
- $35,000 Car #2
Reduce debt service by $300,000 in Article 11 — no net change in capital + debt; FY17 Debt
service further reduced by $23,947 due to refinancing
FYI 8, +$135.000
$150,000 Replace Truck #6 (move up from FY20 and increase by $30k)
$ 60,000 Emerald & Lothrop Booster station design
($75,000) SCADA Upgrade — not needed
Reduce debt service by $499,300, combination of $18,300 refinancing savings and delaying
$481,000 of debt issuance for water main repair projects
FYI 9+
Various changes made
FYI 8: None
Reduce debt service by $488,571 — Chanes & Sturges sewer station debt issuance delayed
FY19+
Various changes made
FYI 8: 0
Reduce debt service by $570,917 by delaying debt issuance for $1.55 million for 3 drainage
projects: Sturges ($0.2m11) /Main ($0.91tril) / Minot ($0.45mi1)
made
Reading Memorial Hioh School construction litigation
Once the final settlement is reached, the capital plan for the General Fund will be rearranged to
accommodate any debt that is required. A draft plan that is thought to be worst case in terms of
deferring capital spending has been prepared and will be published as soon as possible.
Facilities, Recreation and Public Works Equipment spending are deferred by various time
frames.
Finance Committee Report: The Finance Committee recommends the proposed amendments
to the FY 2017 — FY 2027 Capital Improvements Program by a vote of 8-0-0 at their meeting on
October 4, 2016. Placing items in the Capital Improvement Program is a prerequisite but in itself
does not authorize spending funds towards these items.
BVIaw 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 4, 2016 voted 4-D-0 to
support this Article.
ARTICLE 4 To see if the Town will vote to authorize the Board of Selectmen to sell,
exchange, or dispose of, various items of Town tangible property, upon such terms and
conditions as they may determine; or take any other action with respect thereto.
Board of Selectmen
Background: The following equipment is scheduled for disposal:
Finance Committee Report: At their meeting on October 4, 2016 the Finance Committee
recommends the subject matter of this Article by a vote of 8-0-0.
Bylaw Committee Report: No report.
-Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4-0-0 to
support this Article.
ARTICLE 5 To see if the Town will vote to appropriate the premium paid to the Town
upon the sale of bonds issued for the purpose of constructing a new library, and for the payment
of all costs incidental and related thereto, which bonds are the subject of a Proposition 2'% debt
exclusion, to pay costs of the project being financed by such bonds, and to reduce the amount
authorized to be borrowed for such project by the same amount, or take any other action with
respect thereto. Board of Selectmen
Background: This Article is for financial housekeeping only.
Recall that the approximate funding for the Library project is as follows:
$18.4 million Total as authorized by Town Meeting and then approved by the voters
$ 5.1 million State grant from the Board of Library Commissioners
$13.3 million Expected local share, as a debt exclusion
On January 15, 2015 and then on June 21, 2016 the town sold a total of $12.115 million par
value of debt at a premium price (therefore with a higher interest cost) that covered the $13.3
million local share. An Article at the Special Town Meeting in February 2015 made a technical
correction for that first sale, and this Article requests the same for the most recent sale.
MA DOR requires that Town Meeting must vote to reduce the original authorization (as
amended by Special Town Meeting in February 2015) by the amount of the $230,000 premium
received in June 2016. This is a technical correction only — it has no impact on the amount that
taxpayers are being asked to pay.
Eat
Disposal
Det
Item
Value
Method
DPW
Front End loader
$15000
Trade-in
PS/Fire
GMC Horton Ambulance 2006
$10,000
Tra e -in
PStFire
Lucas Device/EMS
$4000
Trade-in
DPW w
Ford F350-2WD Diesel 2004
$2500
Auction
DPW
En ineenn Plotter Cannon iPF810
$2000
Trade-in
DPW
En ineerin Scanner KIP 7100
$2000
Trade-in
DPW
Util' Trailer 1988
$1500
Auction
Schools
Comdial hones stem Coolki a
$575
Trade-in
Finance Committee Report: At their meeting on October 4, 2016 the Finance Committee
recommends the subject matter of this Article by a vote of 8-0-0.
Bylaw Committee Report: No report.
-Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4-0-0 to
support this Article.
ARTICLE 5 To see if the Town will vote to appropriate the premium paid to the Town
upon the sale of bonds issued for the purpose of constructing a new library, and for the payment
of all costs incidental and related thereto, which bonds are the subject of a Proposition 2'% debt
exclusion, to pay costs of the project being financed by such bonds, and to reduce the amount
authorized to be borrowed for such project by the same amount, or take any other action with
respect thereto. Board of Selectmen
Background: This Article is for financial housekeeping only.
Recall that the approximate funding for the Library project is as follows:
$18.4 million Total as authorized by Town Meeting and then approved by the voters
$ 5.1 million State grant from the Board of Library Commissioners
$13.3 million Expected local share, as a debt exclusion
On January 15, 2015 and then on June 21, 2016 the town sold a total of $12.115 million par
value of debt at a premium price (therefore with a higher interest cost) that covered the $13.3
million local share. An Article at the Special Town Meeting in February 2015 made a technical
correction for that first sale, and this Article requests the same for the most recent sale.
MA DOR requires that Town Meeting must vote to reduce the original authorization (as
amended by Special Town Meeting in February 2015) by the amount of the $230,000 premium
received in June 2016. This is a technical correction only — it has no impact on the amount that
taxpayers are being asked to pay.
Finance Committee Report: Al their meeting on October 4, 2016 the Finance Committee
recommends the subject matter of this Article by a vote of 8-0-0. This article is a financial
technical correction only and is required by the auditors.
Bylaw Committee Report: No report.
'Board of Selectmen Report, The Board of Selectmen on October 4, 2016 voted 4-0-0 to
support this Article.
ARTICLE 6 To see if the Town will vote to amend the votes taken under Articles 7
and 9 of the November 8, 2010 Subsequent Town Meeting to reduce the amounts authorized
thereby for MWRA Water Bonds by $235,000 and for the Killam School Remodeling Project by
$3,050 respectively; or take any other action with respect thereto.
Board of Selectmen
Background: This Article is also for financial housekeeping only.
Debt had been authorized for the above projects, and the final costs were known to be less by
the amounts stated above before the debt was sold. This Article removes the excess debt
authorized. -
Finance Committee Report: At their meeting on October 4, 2016 the Finance Committee
recommends the subject matter of this Article by a vote of 8-0-0. This article is a financial clean- .
up only and is suggested by the auditors.
Bylaw Committee Report: No report.
*Board of Selectmen Report, The Board of Selectmen on October 4, 2016 voted 4-0-0 to
support this Article.
ARTICLE 7 To see if the Town will vote to appropriate, in accordance with Chapter
44, Section 10 of the Massachusetts General Laws, the sum of 114f 224.72, to be added to the
amounts appropriated under Article 6 of the January 28, 2013 Special Town Meeting and Article
6 of the February 13, 2014 Special Town Meeting for the purpose of renovating and expanding
the Reading Public Library located at 64 Middlesex Avenue, including the costs of consulting
services, audits, plans, documents, cost estimates, bidding services, temporary relocation and
all related expenses incidental thereto and necessary in connection therewith, said sum to be
expended by and under the direction of the Town Manager; and to see if the Town will authorize
the Board of Library Trustees, Board of Selectmen, Town Manager, or any other agency of the
Town, to apply for a grant or grams, to be used to defray the cost of all, or any part of, said
improvements; and to authorize the Board of Library Trustees and/or the Town Manager to
enter into any and all contracts and agreements as may be necessary to carry out the purposes
of this Article from the following available funds:.
♦ 5120.360 79 to be transferred from the unexpended proceeds of the Town's bonds,
dated June 21, 2016, which were issued for RMHS Retaining Wall pursuant to the vote
taken under Article 6 of the April 27, 2015 Special Town Meeting;
♦ $13,130.86 to be transferred from the unexpended proceeds of Town's bonds dated
June 21, 2016, which were issued for Modular Classrooms pursuant to the vote taken
under Article 5 of the April 27, 2015 Special Town Meeting;
*$7,728.07 to be transferred from the unexpended proceeds of the Town's bonds, dated
November 1, 2007, which were issued for Downtown Improvements pursuant to the vote
taken under Article 18 of the April 23, 2007 Annual Town Meeting; and
♦ $5.00 to be transferred from the unexpended proceeds of the Town's bonds, dated
August 1, 2009, which were issued for the purpose of Energy Improvements pursuant to
the vote taken under Article 15 of the April 27, 2009 Annual Town Meeting;
and to authorize the Town Manager to take any action necessary or appropriate to carry out this
project; provided, however that this vote shall not take effect until the Town Manager
determines, in his sole discretion, that sufficient funds have been authorized to complete the
project in a satisfactory manner, or take any other action with respect thereto.
Board of Selectmen
Background: This Article is also for financial housekeeping, but will need more discussion
Debt had been authorized for the above projects, and the final costs were not known before the
debt was sold. This Article moves $141,224.72 in debt already sold for these four projects to the
Library project as available additional funding. State finance law limits what projects may
receive these types of transfers, and the Library building project is eligible, subject only to this
Town Meeting approval.
If this transfer is not approved, by law the town must find another candidate project within the
general fund. The West Street roadway project is the only other possibility, but as of this writing
the local share is fully funded.
The Library building project as it comes down to the wire will need additional funding, which is
described below. If this Article is approved, the project authorization and funding would change
from that cited in Article 5 to be as follows:
$18,541,224.72 Authorized by Town Meeting
$ 141 224.72 Approved inside the tax levy
$18,400,000 Approved as debt exclusion by voters.
$ 5,100,000 State grant from the Board of Library Commissioners
$13,300,000 Debt exclusion, already issued
Library Project — Summary
As of this writing in late September, the project is up to an estimated $149,000 over budget for
known costs. Additionally, in order to keep the project on schedule the Town Manager directed
the contractor to do work valued as high as $100,000 and acknowledged there was a dispute as
to who was ultimately responsible for that cost. Thus right now the worst case is a $250,000
over budget situation, but the final amount is expected to be lower, possibly within the bounds of
this additional $141,224.72 cited above.
Note that this project was established prior to the formation of the Permanent Building
Committee (PBC). Instead this project has an ad-hoc Library Building Committee (LBC) which
consists of three volunteers involved in design and construction from the community, two Library
Trustees, one Library staff member appointed by the Library Director and one other member
appointed by the Town Manager (as revised in June 2014). The LBC is advisory to the Facilities
Director, who is in turn advisory along with the hired Owner's Project Manager (OPM) to the
Town Manager. Therefore it is the Town Manager that takes full responsibility for any project
cost overage.
Please note that two of the LBC community members (who are also fellow Town Meeting
members) are part of the five-member PBC, so the ensuing dialogue on the most efficient and
effective way to manage a future building project has been robust. The PBC expects to bring
suggested General Bylaw changes to Town Meeting in April 2017 based on these discussions.
The current bylaw suggests the PBC would serve as the final authority for building projects.
The Library building project had a traditional amount of contingency funds set aside at the
beginning, meant to handle unexpected conditions (UC) and change orders (CO).
CO are typically driven by the imperfect coordination of project design and construction, and by
the owner deciding on a different course of action as the project unfolds. Each of those types of
CO have occurred in this project, resulting in a few months of additional time as well as
additional costs. Experts cite this CO part of the project as being handled by the traditional
contingency funding.
In contrast, UC have occurred at a cost above typical contingency funding levels. The two most
significant types of UC. involve: 1) site conditions — significant ledge under the rear parking lot,
not revealed by early test borings; and 2) existing building conditions — poor quality work on
previous construction projects not revealed by testing and only evident upon significant
demolition.
Each of these facts has served as a lesson learned for project management and the PBC.
Better pre-project initial funding and site exploration should have revealed the ledge condition.
Instead, significant efforts to break up what was thought to be 'little bits of ledge' ultimately led
instead to a mid-project re-design and relocation of the drainage and stormwater systems.
It is more difficult to determine if the relatively poor condition of the existing building could have
been ascertained, but the lesson learned here has been to not repeat that mistake. This Library
building project in 2016 could have been kept under budget had shortcuts been chosen, as they
clearly had been in the past. However, the project management team consistently ordered that
work done on the Library be completed to a 50-year construction standard. For example,
significant water-proofing efforts were done and then redone on the foundation — it is dear that
for the last significant building renovation that this cost was skipped, resulting in flooding of the
basement on a regular occasion. -
The Library Building Committee, meeting monthly with the project management team, has been
aware of budget overages for several months, although as of this writing none of us know what
the final outcome will be. Along the way, some project costs were absorbed outside the project
by DPW, Facilities, the Library Trustees, Technology and the Town Manager's Office. Some
costs outside the original scope of the project were done as part of it, because labor and
materials were handy and comparatively less expensive. For example, repairs to the retaining
wall on Deering Street were budgeted, but the condition upon some excavation was far worse
than imagined, so the entire wall was rebuilt, as it would need to be eventually.
In summary, given the design and location choice, Town Meeting should be confident that this
project was done the right way. The collaboration, communication and cooperation between all
the stakeholders has been excellent ... if exhausting at times. Under the design direction of the
architect, Library staff and Trustees; the project oversight by the OPM and the Facilities
Director; and with the hard work of the general contractor and all of the trades subcontractors,
the community will have a building to be proud of for many years.
Finance Committee Report: At their meeting on October 4, 2016 the Finance Committee
recommends the subject matter of this Article by a vote of 8 -0 -0 -
Bylaw Committee Report: No report.
'Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4-0-0 to
support this Article.
ARTICLE 8 To see if the Town will vote to appropriate, in accordance with Chapter
44, Section 10 of the Massachusetts General Laws, the sum of69$ 970.09, to be added to the
amounts appropriated. under Article 7 of the September 29, 2014 Special Town Meeting for the
purpose of making water main improvements, including paying the costs of easements,
consulting services, audits, plans, documents, cost estimates, bidding services and all related
expenses incidental thereto and necessary in connection therewith, said sum to be expended by
and under the direction of the Town Manager, and to see if the Town will authorize the Board of
Selectmen, Town Manager, or any other agency of the Town, to apply for a grant or grants, to
be used to defray the cost of all, or any part of, said water main improvements; and to authorize
the Town Manager to enter into any and all contracts and agreements as may be necessary to
carry out the purposes of this Article from the following available funds:
♦ $42,868.89 to be transferred from the unexpended proceeds of the Town's bonds, dated
January 1, 2005, which were issued for Water Treatment Plant design pursuant to the
vote taken under Article 11 of the November 10, 2003 Subsequent Town Meeting;
♦ $26.707.20 to be transferred from the unexpended proceeds of the Town's bonds, dated
February 1, 2009, which were issued for Water Treatment Plant demolition pursuant to
the vote taken under Article 9 of the June 30, 2008 Special Town Meeting; and
+$394.00 to be transferred from the unexpended proceeds of the Town's bonds, dated
November 1, 2007, which were issued for MWRA Buy pursuant to the vote taken under
Article 4 of the June 12, 2006 Special Town Meeting;
and to authorize the Town Manager to take any action necessary or appropriate to carry out this
project; provided, however that this vote shall not take effect until the Town Manager
determines, in his sole discretion, that sufficient funds have been authorized to complete the
project in a satisfactory manner, or take any other action with respect thereto.
Board of Selectmen
Backoround: This Article is also for the financial housekeeping done under Article 7, but for
funds in the Water Enterprise Fund.
Debt had been authorized for the above projects, and the final costs were not known before the
debt was sold. This Article moves $69,970.09 in debt already sold for these three projects to the
$3.45 million water main project as available additional funding. The first phase of this work was
for the Salem Street project done this summer, for which $1.115 million in debt has been sold. If
approved, this $69,970.09 in funding will be added to ongoing water main work. The remaining
$2.335 million in debt authorized is expected to be increased in April 2017 to $3 million and then
issued within one year.
Finance Committee Report: At their meeting on October 4, 2016 the Finance Committee
recommends the subject matter of this Article by a vote of 8-0-0.
Bylaw Committee Report: No report.
*Board of Selectmen Report, The Board of Selectmen on October 4, 2016 voted 4-0-0 to
support this Article.
ARTICLE 9 To see if the Town will vote to raise and appropriate, transfer from
available funds, borrow or otherwise provide a sum or sums of money for the purpose of making
extraordinary repairs to or replacement of sanitary sewer collection systems, including the costs
of consulting services, audits, plans, documents, cost estimates, bidding services and all related
expenses incidental thereto and necessary in connection therewith, said sum to be expended by
and under the direction of the Town Manager, and to see if the Town will authorize the Board of
Selectmen, Town Manager, or any other agency of the Town, to apply for a grant or grants, to
be used to defray the cost of all, or any part of, said sanitary sewer improvements; and to
authorize the Town Manager to enter into any and all contracts and agreements as may be
necessary to carry out the purposes of this Article, or take any other action with respect thereto.
Board of Selectmen
Backaround: This Article and the Background below are identical to that shown to Annual
Town Meeting in April 2015. However the motion approved by that Town Meeting on the floor
only referenced the $422,000 of low-interest loans highlighted below as debt authorization,
when in fact it should have also authorized the Town to accept the $1,266,000 in grant funding
from the MWRA. We apologize for that oversight, but. are encouraged that before we accepted
that grant we have a good system of internal controls that uncovered this discrepancy.
The MWRA's Infiltration and Inflow (1/1) Local Financial Assistance Program provides support to
MWRA member communities to perform sewer rehabilitation to minimize excess flows due to
infiltration and inflow into the sewer system.
In previous years the Assistance Program provided financial assistance to member communities
through a combination of a 45% grant and.a 55% low-interest loan. MWRA has revised the
Program for the current Phase 9 and future Phase 10. The financial assistance for these two
phases will be allocated to member communities in the form of a 75% grant and a 25% low-
interest loan.
MWRA Assistance
• The assistance is provided through a combination grant and low-interest loan
10
• Phase 8 Allocation balance $71,000 (45% grant; 55% low-interest loan)
• Phase 9 Allocation is $844,000 ($633,000 grant; $211,000 low-interest loan)
• Phase 10 Allocation is $844,000 ($633,000 grant; $211,000 low-interest loan)
• Loan pay back to the MWRA - equal installments up to a ten year period beginning one
year after distribution of the funds
Acceptance of the grant loan offer will enable the Town to continue with its 1/1 removal program
to remove unwanted sewage flows from the sewer system which reduces excess assessments
from MWRA and decreases the excess demand on the sewer system. The anticipated project
for this Phase will be to perform manhole rehabilitation, spot repairs, lining and replacement of
sewers.
Infiltration occurs when surface water enters sewers through leaks, cracks and faulty joints in
pipes and manholes. Inflow is caused from storm water runoff that enters the sewer system
through improper connections such as cross connected drains, roof drains and sump pumps.
Since the inception of MWRA's Assistance Program the Town's 1/1 removal program has
consisted of the following types of projects:
• House-to-house inspections
o The house-to-house inspections identify inappropriate direct connections (inflow)
to the Town's sewer system with the purpose of assisting residents with
identifying methods to remove the connections. The Town also provides limited
financial assistance to the homeowner.
• TV inspections, testing and sealing of manholes and sewer -mains
o TV inspections and the testing and sealing of manholes and sewer mains allows
the Town to internally inspect sewer mains and manholes to with the purpose of
identifying and eliminating points of infiltration into the sewer system.
• Sewer system smoke testing
o Smoke testing of the sewer system is a method of identifying points of infiltration
or inflow into the sewer system where visual or TV inspection access is not
possible
• Spot repair, lining and replacement of sewers
o Spot repairs, lining and replacement of sewers are performed when damage to
the sewer system is not repairable or cost effective through internal sealing.
• Flow metering, spot gauging and dye testing
o Flow metering, gauging and dye testing is performed to assist the Town in
determining the areas of the sewer system that are experiencing the highest
levels infiltration and inflow. Flow metering also assists in determining how
affective the Town has been in mitigating IA for the past several years.
• Sewer System Data management
o Project updates the Town's GIS sewer database to incorporate historic closed
circuit inspection data and enable future dosed circuit inspection sewer system data.
The resulting data will be used to assess future capital project needs and to perform
asset management of the system.
Finance Committee Report: At their meeting on October 4, 2016 the Finance Committee
recommends the subject matter of this Article by a vote of 8-0-0.
Bylaw Committee Report: No report.
11
'Board of Selectmen Report- The Board of Selectmen on October 4, 2016 voted 4-0-0 to
support this Article.
ARTICLE 10 To see if the Town will raise and appropriate, transfer from available
funds, borrow or otherwise provide a sum or sums of money for the purpose of renovating and
expanding the Reading Public Library located at 64 Middlesex Avenue, including the costs of
consulting services, audits, plans, documents, cost estimates, bidding services, moving,
temporary relocation, and all related expenses incidental thereto and necessary in connection
therewith, said sum to be expended by and under the direction of the Town Manager and the
Board of Library Trustees; and to see if the Town will authorize the Board of Library Trustees,
Board of Selectmen, Town Manager, or any other agency of the Town, to apply for a grant or
grants to be used to defray the cost of all, or any part of, said improvements; and to authorize
the Board of Library Trustees and/or the Town Manager to enter into any and all contracts and
agreements as may be necessary to tarty out the purposes of this Article. These funds will be
additional to the $14.9 million previously approved by vote of Town Meeting on January 28,
2013 and a majority of the voters at a local election on April 2, 2013, and to the $3.5 million
previously approved by a vote of Town Meeting on February 13, 2014 and a majority of the
voters at a local election on April 1, 2014, and by Town Meeting under Article 7 of this Town
Meeting, or take any other action with respect thereto.
Board of Selectmen
Background: This Article is included in the event that the Library building project needs
additional funds even beyond the $141,224.72 that Town Meeting was asked to approve under
Article 7. As of this writing in tate September this Article will likely be tabledand brought back in
April 2017 as/if needed. However the project management team is working diligently to, wrap up
the project financials as quickly as possible, and in the event we can confidently describe the
project as complete to November 2016 Town Meeting, then this Article might go forward. If it
does, the source of funds is expected to be from Free Cash.
Finance Committee Report: At their meeting on October 4, 2016 the Finance Committee did
not vote on this Article as the project is not yet complete. They will take this up and give a
recommendation to Town Meeting in the event the project is deemed complete.
Bylaw Committee Report: No report.
'Board of Selectmen Report, At their meeting on October 4, 2016 the Selectmen did not vote
on this Article as the project is not yet complete.
ARTICLE 11 To see if the Town will vote to amend the Town's Operating Budget for
the Fiscal Year commencing July 1, 2016, as adopted under Artide 12 of the Annual Town
Meeting of March 1, 2016; and to see if the Town will vote to raise and appropriate, transfer
from available funds, borrow 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
12
Background:
Ce. -i rund _ wenus snd Fxnanses
Account Line
Description
Decrease
Increase
B99 - Benefits
Health Insurance Premiums -$200,000
$175,000
Expenses
Worker Comp Premiums +$20,000
Medicare +$5 000
C99 - Capital
New CIP changes
$529,000
Expenses
DPW Plotter/Scanner $30,000
School Van +$19,000 (now $55,000)
639,000
Reduce allocation (cemetery) -$100.000
Approved in September CIP but not funded
DPW: Loader JD 624G (2007) $210,000
FacCORE: reclassify Security Eval $125,000
FacTown• West Side Fire roofing $90.000
FacSchools: Furniture $65,000
FacGORE: EMS upgrades to buildings $50,000
FacCORE: Plumber's Van Ford E350 $40,000
F99 - FINCOM
Replenish Reserves
$26,000
Reserves
G91 - Admin
Fund pay & class transfers ($11,200)
$3,000
Services Wages
pay & class funding $8,200
G92 - Admin
Police assessment center $7,500
$11-,500
Services Ex
Technology wireless phones $4,000
-
H91 - Public
Pay & class funding
$3,000
Services Wages
J92 - Public
Uniforms & gear for new firefighters $10,500
$23,300
Safety
Expenses
Police ballistic vests and helmets $9,800
Fire - ambulancebillin $3,000
K95 - Public
Rubbish disposal
_
$100,000
Works Rubbish
M91 - Core
reclassify Security Eval. to capital 4125,000
$125.W0
Facilities
evalwafien $4
226,000
M92 - Facilities:
Town building cleaning services
$10,000
Town buildings
U99 - School
School building cleaning services
$40,000
Department
Subtotals
$303.000
$742.800
769.880
Net Operating Expenses
$ 9.800
From State Aid $140,000
From New Growth $216,648
From Free Cash 13,152 78A
13
Enternrise Funds _ w...a. and e....e.,eee
Account Line
Description
Decrease
Increase
W99 Water
Debt Service—water mains
$300,()00Capital
spending — water mains $320,000;
+$15,000 for unidirectional flushing; -$35,000
for Car #2
$300,000
Subtotals
$p
Net Operating Expenses
$0
From Water Reserves
$p
The town saved about $35,000 in FY17 debt service by refinancing the MWRA buy -in. The town
also delayed using some debt for water main repairs, thereby avoiding $265,000 debt service in
FYI 7. The combined $300,000 reduction would be useful to have as water main repair capital to
complete projects this year. There is no net budget impact or change of water rates needed. If
these funds are not used, they will Gose to Water Reserves at fiscal year-end.
Finance Committee Report: At their meeting on October 4, 2016 the Finance Committee
recommends the subject matter of this Article by a vote of B-0-0.
Bylaw Committee Report: No report.
*Board of Selectmen Report- The Board of Selectmen on October 4, 2016 voted 4-0-0 to
support this Article.
ARTICLE 12 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
Background: On May 20, 2016 the town received a demand notice from Direct Energy for
$2,420.68 for FY13 gas services that remained unpaid. Further review into the matter revealed
that payments were improperly applied to the wrong school building accounts by Direct Energy,
in some cases creating a credit balance on many accounts and an overdue balance on others.
When credit balances exceeded the current month charges the bill was not paid and
unfortunately not questioned by the secretary processing the bills. The $2,420.68 represents the
total of these unpaid invoices once the payments were property allocated to the correct
accounts.
The town has a licensing agreement with the MBTA to allow the town to cross under the railroad
with a water main that was installed between Ash St. and Walker Brook Dr. The contract has
been in place since 2004 however the MBTA failed to bill the town the licensing fees for 2010
through 2015. The total of unpaid licensing fees is $3,578.66
Finance Committee Report: At their meeting on October 4, 2016 the Finance Committee
recommends the subject matter of this Article by a vote of 8-0-0.
14
Bylaw Committee Report: No report.
*Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4-0-0 to
support this Article.
ARTICLE 13 To see if the Town will vote, pursuant to Section 1030) of Chapter 32 of
the Massachusetts General Laws, to accept an increase in the maximum Retirement Cost of
Living Base, from $12,000 to $14,000, as established by the Reading Retirement Board, such
acceptance to be effective as of the date that a certification of the Town Meeting vote is filed
with the Public Employee Retirement Administration Commission.
Reading Retirement Board
Background: Chapter 188 of the Acts of 2010, an Act Relative to Municipal Relief, contained a
number of provisions pertaining to public pensions. It became effective on July 27, 2010.
Pursuant to Section 19 of Chapter 188 of the Acts of 2010, subsection (j) was added to General
Laws, Chapter 32, Section 103, which grants retirement systems the discretion, subject to local
legislative approval, to increase the maximum base on which the COLA is calculated in
multiples of $1,000. Presently, the amount is $12,000. If approved, the COLA Base Increase
from $12,000 to $14,000 would be effective July 1, 2016. The maximum amount of any COLA is
3%, which means if approved the maximum annual COLA could increase from $360 per year to
$420 per year.
On October 27, 2015, by unanimous vote and with all Board Members present, the Board voted
to increase the COLA base from $12,000 to $14,000. Acceptance by Town Meeting is deemed
to have occurred upon filing of a certification of the vote of the legislative body with PERAC
(Public Employee Retirement Administration Commission). A decision to accept a COLA base
increase cannot be revoked.
Reading Retirement Board
COLA base amounts for peer communities
Name
Amount
Year
Andover Retirement Board
$12,000.00
2010
Belmont Retirement Board
$12,000.00
2010
Danvers Retirement Board
$13,000.00
2016
Dedham Retirement Board
$15,000.00
2016
Milton Retirement Board
$15,000.00
2012
Natick Retirement Board
$12,000.00
-2010
Shrewsbury Retirement Board
$12,000.00
2010
Stoneham Retirement Board
$13,000.00
2012
Wakefield Retirement Board
$12,000.00
2010
Winchester Retirement Board
$12,000.00
2010
aunty R— i?emeni`board� $14,000.00
2013
Bedford
Burlington
Tewksbury
Westford
15
Wilmington
North Reading
Norfolk Coonty Retirement Board
$15,000.00 2012
Canton
Walpole
ssex Regional Retirement Board
$13,000.00 2013
Lynnfield
North Andover
Bnstcl County, geiirement Board
$18,000.00 2016
Mansfield
Finance Committee Report: At their meeting on October 4, 2016 the Finance Committee did
not vote on this Article as they wanted to hear directly from the Retirement Board as to the
impact of this change.
Bylaw Committee Report: No report.
ARTICLE 14 To hear the report of the Board of Selectmen that a portion of a drainage
easement is no longer required for public purposes, and to see if the Town will vote, pursuant to
Chapter 40, Section 15 of the .Massachusetts General Laws, to authorize the Board of
Selectmen to make the required declaration to abandon that portion of the drainage easement,
crossing 21 Hunt Street, Reading, MA, as described herein, and retaining all rights in the
remaining portion of the easement not described herein, without charge for said declaration.
The portion of the drainage easement to be abandoned is more fully described as follows:
Beginning at a point on the easterly side line of Hunt Street, said point being at
the intersection of the division property line of Lots 43 and 44 with the said
easterly side line of Hunt Street;
Thence, N12° 30' 00"W, along said easterly side line of Hunt Street, a distance of
15.00 feet to a point;
Thence, N77° 26' 00"E, through lot 43, a distance of 85.00 feet to a point;
Thence, S12° 30'00"E, a distance of 15.00 feet to a point on the division
property line of Lots 43 and 44;
Thence, S77° 26'00"W, along the division property line of Lots 43 and 44, a
distance of 85.00 feet to the point of beginning of this description.
Said described abandonment being a portion of a taking shown on a plan entitled
'Easement through Private Property for Drainage, Water and Sewerage
Purposes, Lee Street, dated Sept., 1963, Engineering Division, Philip Welch
Superintendent."
or take any other action with respect thereto.
16
Board of Selectmen
Background: The Town currently has title and interest in an easement over the property
located at 21 Hunt Street, Assessors Map 20, Parcel 253. The residents are proposing a new
detached garage that will protrude into the existing easement.
In order for the residents to construct a new detached garage as planned, they have requested
the abandonment of a portion of the easement.
The easement is occupied by an existing sewer main only, and if approved, the resulting
easement area is of sufficient size to enable the Town to provide proper maintenance. or repair
of the sewer main. No additional utilities are proposed to occupy this easement in the future.
If approved the Town will release all right, title, and interest to approximately one thousand two
hundred and seventy five (1275) square feet of the easement as depicted in the plan below.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
*Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 5-0-0 to
support this Article.
17
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Finance Committee Report: No report.
Bylaw Committee Report: No report.
*Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 5-0-0 to
support this Article.
17
ARTICLE 15 To see if the Town will vote, pursuant to Chapter 82, Section 21, of the
Massachusetts General Laws, to discontinue the following portions of the private ways shown
on a Plan of Land entitled 'Plan of Chapman Park Situated in Reading Mass." prepared by
James A. Bancroft, Surveyor, and dated November 1, 1911, recorded at the Middlesex Registry
of Deeds Southern District as Plan 20 in Plan Book 206, to wit:
• Cold Spring Road from the easterly boundary line of Lot 46 to its intersection with
Oakland Road, as shown on said Plan.
• Tower Road from Fair View Road (currently known as Grandview Road) to its
intersection with Oakland Road, as shown on said Plan.
• Park Street from the southerly boundaries of Lots 9 and 10 to Tower Road, as
shown on said Plan.
• Oakland Road from its intersection with Tower Road to its intersection with Cold
Spring Road, as shown on said Plan.
or take any other action with respect thereto.
Board of Selectmen
Backaround: This Article is to discontinue portions of private ways which were originally laid
out as part of the 1911 "Chapman Park' subdivision. Said portions of private ways have not
been developed and the Town has no plan to develop a roadway in the future. Research has
shown that the portions of private ways listed in the Article have no retained rights subsequently
giving Town Meeting the power to discontinue under Massachusetts General Law. Town will
assert ownership of the areas under the private ways upon their discontinuance. The
referenced 'Plan of Chapman Park" is below.
In November 2011 Town Meeting approved Article 17 with the same general intention by a 94-
12 vote. However upon detailed legal review by current Town Counsel, the previous action by
Town Meeting was incomplete. This Article will fully complete all steps needed to clear the
paper roads from this parcel of land, in preparation for the next Article.
In
N. f
Cha�ma�n park
READING MASS
Sole llnKD! N>A l�bll.
Yr(pMr�A�. M,rmRy�Su]r.
- (9o4bf NM pIT�I F�.�1501�.
Finance Committee Report: No report.
Bylaw Committee Repoli: No report.
*Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 5-0-0 to
support this Article.
ARTICLE 16 To hear the report of the School Committee or any other public body that
the real property shown as -Oakland Road Parcel' on a plan of land entitled "Plan of Land
Oakland Road Town of Reading; prepared by Town of Reading — Department of Public Works,
Engineering Division, Jeffrey T. Zager, Director D.P.W., Ryan Percival, P.E., Town Engineer,
dated September 13, 2016, is no longer required for public purposes; to see if the Town will
vote, pursuant to Chapter 40, Section 15A, of the Massachusetts General Laws, to transfer the
care, custody, management and control of said Oakland Road Parcel to the Board of
Selectmen; and to see if the Town will vote, pursuant to Chapter 40, Section 3, of the
Massachusetts General Laws, to authorize the Board of Selectmen, on behalf of the Town, to
sell or otherwise dispose of said Oakland Road Parcel, under such terms as it may detennine,
or take any other action with respect thereto.
Board of Selectmen
19
Background: This Article will authorize the Board of Selectmen to 'sell or otherwise dispose of
the town owned land on Oakland Road, as shown by the shaded portion of the following map:
In November 2011 Town Meeting approved Article 16 with the same general intention by a vote
of 92-17 vote to transfer some of the land shown above from the Schools to the Town and also
to authorize the Board of Selectmen to sell the land. Action by the Selectmen was delayed when
the Schools indicated some interest in an Early Education facility two years ago, but after that
the Selectmen indicated their desire to restart this process. Upon detailed legal review by
current Town Counsel, the previous action by Town Meeting was also incomplete. This Article
will fully complete all steps needed to allow the Selectmen to 'sell or otherwise dispose of the
land as had been intended five years ago.
The Board will establish a fully public process to allow the abutters, neighbors and other
residents to express their views and follow a fully transparent process. Some local organizations
have approached the Town Manager with some exciting ideas that may appear in front of the
Board and the general public in the next few months.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
*Board of Selectmen Report, The Board of Selectmen on October 4, 2016 voted 5-0-0 to
support this Article.
20
=:r
�-
In November 2011 Town Meeting approved Article 16 with the same general intention by a vote
of 92-17 vote to transfer some of the land shown above from the Schools to the Town and also
to authorize the Board of Selectmen to sell the land. Action by the Selectmen was delayed when
the Schools indicated some interest in an Early Education facility two years ago, but after that
the Selectmen indicated their desire to restart this process. Upon detailed legal review by
current Town Counsel, the previous action by Town Meeting was also incomplete. This Article
will fully complete all steps needed to allow the Selectmen to 'sell or otherwise dispose of the
land as had been intended five years ago.
The Board will establish a fully public process to allow the abutters, neighbors and other
residents to express their views and follow a fully transparent process. Some local organizations
have approached the Town Manager with some exciting ideas that may appear in front of the
Board and the general public in the next few months.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
*Board of Selectmen Report, The Board of Selectmen on October 4, 2016 voted 5-0-0 to
support this Article.
20
ARTICLE 17 To see if the Town will vote to amend Article 1 of the General Bylaw by
deleting section 1.4 therefrom in its entirety and inserting, in place thereof, the following:
1.4 Non -Substantive Alphanumeric Changes
With the concurrence of the Bylaw Committee, the Town Clerk shall be
authorized to make non -substantive alphanumeric changes to the component
provisions of this bylaw; provided, however, that each such change shall be
identified by a footnote or other convention.
or take any other action with respect thereto.
Board of Selectmen
Background: The Town attempted to make this change in the Charter, but the Attorney
General suggested that a general bylaw was the correct solution. This Article inserts the above
language in place of existing language shown below, adds the 'alpha' component and removes
archaic language referring to 'the Code'.
Reading sham be pwmf#ed in nFdeF that the nur"be&g of amendments thereto and othe
format-�
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 4-0-0
at their meeting on September 14, 2016.
*Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 5-0-0 to
support this Article.
ARTICLE 18 To see if the Town will vote to amend Article 6 of the General Bylaw by
inserting a new Section 6.6 as follows:
6.6 Establishment of Revolving Funds
Pursuant to MGL Chapter 44 Section 53E112, the following individual revolving
funds shall be authorized:
6.6.1 Conservation Commission Consulting Fee Revolving Fund
Funds held in the Conservation Commission Consulting Fee Revolving
Fund shall be used for consulting and engineering services for the review
of designs and engineering work for the protection of wetlands and shall
be expended by the Conservation. Commission. Receipts credited to this
fund shall include fees collected pursuant to Section 7.1.14 of this Bylaw.
6.6.2 Inspection Revolving Fund
21
Funds held in the Inspection Revolving Fund shall be used for legal costs,
oversight and inspection, plan review, property appraisals and appeals,
public services general management, pedestrian safety improvements,
records archiving, and other costs related to building, plumbing, wiring,
gas and other permits required for large construction projects and shall be
expended by the Town Manager. Receipts credited to this fund shall
include building, plumbing, wiring, and gas fees.
6.6.3 Public Health Clinics and services Revolving Fund
Funds held in the Public Health Clinics and Services Revolving Fund shall
be used for materials and costs associated with clinics and public health
programs and shall be expended by the Board of Health. Receipts
credited to this fund shall include clinic fees, charges and third party
reimbursements received from the operation of such public health clinics
and services.
6.6.4 Library Materials Replacement Revolving Fund
Funds held in the Library Materials Replacement Revolving Fund shall be
used for the acquisition of library materials to replace lost and damaged
materials and shall be expended by the Library Director under the
supervision of the Library Trustees. Receipts credited to this fund shall
include charges for lost and damaged library materials.
6.6.5 Matters Cabin Revolving Fund
Funds held in the Maters Cabin Revolving Fund shall be used for utilities,
maintenance and operate expenses for the Matters Cabin and shall be
expended by the Public Services department head. Receipts credited to
this fund shall include rental fees received from the operation of the
Matters Cabin.
6.6.6 Town Forest Revolving Fund
Funds held in the Town Forest Revolving Fund shall be used for planning
and improvements to the Town Forest and shall be expended by the
Director of Public Works upon the recommendation of the Town Forest
Committee. Receipts credited to this fund shall include fees for use of the
Town Forest and income from the sale of timber.
or take any other action with respect thereto.
Board of Selectmen
Background: On August 9, 2016 Governor Charlie Baker signed the "municipal modernization -
bill into law. Last winter, the Baker Administration had proposed a wide-ranging set of changes
which received broad support from state cities and towns. The Legislature eventually passed a
compromise bili that retained many of the beneficial components in the final 253 sections of the
legislation.
Under this legislation, the town is obliged to create a general bylaw that cites the revolving funds
established under MGL Chapter 44 Section 53EM as shown above. Town Meeting members
22
may be familiar with this list as the Town has previously requested re -approval annually for
these funds, their spending purposes, limits and authority.
This portion of the legislation appears to be neither beneficial nor modern, as Town Meeting in
April 2017 and annually thereafter will still need to grant such approval.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 4-0-0
at their meeting on September 14, 2016.
*Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 5-0-0 to
support this Article.
ARTICLE 19 To see if the. Town will vote to amend the General Bylaw by:
(1) Inserting a new row into the table in Section 1.8, to read as follows:
Bylaw Section: 7.9
Bylaw Title: Stormwater Management and Erosion Control
Enforcing Person: Planning Division
Building Inspector
Penalty — First Offense: $100
Penalty—Second Offense: $300
Penalty— Additional Offenses: $300
and
(2) Inserting a new Section 7.9 into Article 7, to read as follows:
7.9 Stormwater Management and Erosion Control
7.9.1 Purpose
The harmful impacts of soil erosion and sedimentation include
impairment of water quality and flow in lakes, ponds, streams, avers,
wetlands and groundwater; contamination of drinking water supplies;
alteration or destruction of aquatic and wildlife habitat; and overloading
or clogging of municipal catch basins and storm drainage systems.
Stonnwater runoff from developed land uses can have these harmful
impacts; it can also increase flooding and decrease groundwater
recharge. The purpose of Section 7.9 is to provide for the health, safely
and welfare of the citizens of the Town of Reading through the regulation
of stonnwater runoff from land disturbance and developed and
redeveloped land uses.
The provisions of Section 7.9 shall be administered so as to:
• Require practices that reduce soil erosion and sedimentation, and
control the volume and rate of stormwater runoff, resulting from
land disturbance activities and developed land uses;
• Promote infiltration and the recharge of groundwater,
23
• Ensure that adequate soil erosion and sedimentation control
measures and stormwater runoff control practices are
incorporated into the site planning and design process and are
implemented and maintained;
• Require practices to control waste associated with construction
activities, such as discarded building materials, concrete truck
washout, chemicals, litter, and sanitary wastes;
• Ensure adequate long-term operation and maintenance of
stormwater management structures;
• Comply with the requirements of the Town of Reading's National
Pollutant Discharge Elimination System (NPDES) permit for
discharges from the municipal storm drain system; and
• Ensure compliance through inspection, monitoring, and
enforcement.
7.9.2 Definitions
Unless the context dearly indicates otherwise, the following words and
terms, as used in Section 7.9, shall have the following meanings:
7.9.2.1 Applicant
Any person requesting a Stornwater Permit.
7.9.2.2 Best Management Practice (BMP)
An activity, procedure, restraint, or structural improvement that
helps to reduce the quantity or improve the quality of stormwater
runoff.
7.9.2.3 Common Plan of Development (or Common Plan)
Any announcement or documentation (including a contract, public
notice or hearing, advertisement, drawing, plan, or permit
application) or physical demarcation (including boundary signs, lot
stakes, survey or marking) indicating imminent or future plans to
disturb earth, regardless of how long the plans will take to
complete.
7.9.2.4 Construction and Waste Materials
Excess or discarded building or site materials at a construction
site, including concrete truck washout, chemicals, litter and
sanitary waste, that may adversely impact water quality.
7.9.2.6 Erosion
The wearing away of the land surface by natural or artificial forces
such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
7.9.2.6 Erosion and Sedimentation Control Plan
A document prepared by a qualified professional engineer or a
Certified Professional in Erosion and Sedimentation Control, that
24
specifies best management practices designed to control surface
runoff, erosion and sedimentation during land -disturbing activities
prior to or during construction.
7.9.2.7 Grading
Changing the level or shape of the ground surface.
7.9.2.8 Impervious Surface
Any man-made material or structure on or above the ground that
prevents water from infiltrating the underlying soil. Impervious
Surfaces may include roads, paved parking lots, sidewalks, and
rooftops.
7.9.2.9 Land -Disturbing Activity (or Disturbance of Land)
Any activity that causes a change in the position or location of soil,
sand, rock, gravel, or similar earth material.
7.9.2.10 Massachusetts Stormwater Management Standards
The Stormwater Management Standards issued by the
Massachusetts Department of Environmental Protection, aimed at
encouraging recharge and preventing stonnwater discharges from
causing or contributing to the pollution of the surface waters or
groundwater of the Commonwealth.
7.9.2.11 Municipal Storm Drain System (or Storm Drain System)
The system of conveyances owned by the Town (including roads,
catch basins, curbs, gutters, ditches, man-made channels, pipes,
and outfalls) by which stormwater is collected or conveyed.
7.9.2.12 New Development
Any construction activities or land alteration that disturbs one or
more acres of land, on an area that does not contain Impervious
Surfaces.
7.9.2.13 Operation and Maintenance Plan (O&M Plan)
A plan establishing the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a
Stormwater Management System.
7.9.2.14 Owner
A Person with a legal or equitable interest in property.
7.9.2.15 Pollutant
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials (except those regulated
under the Atomic Energy Act of 1954, as amended (42 U.S.C.
25
2011 at seq.)), heat, wrecked or discarded equipment, rock, sand,
cellar dirt, industrial, municipal, and agricultural waste, and any
other material that may cause or contribute to exceedance of
water quality standards in the waters to which the Storm Drain
System discharges.
7.9.2.16 Redevelopment
Any construction, land alteration or improvement of Impervious
Surfaces that disturbs one or more acres of land, on an area that
already contains Impervious Surfaces.
7.9.2.17 Runoff
Rainfall, snowmelt, or irrigation water flowing over the ground
surface.
7.9.2.18 Sediment
Mineral or organic soil material that is transported, by wind or
water, from its origin to another location.
7.9.2.19 Sedimentation
The process or act of deposition of sediment.
7.9.2.20 Site
Any parcel of land or area of property where land -disturbing
activities are, were, or will be performed.
7.9.2.21 Soil
Any earth, sand, loam, clay, rock, gravel, or similar material.
7.9.2.22 Stabilization
The use, singly or in combination, of mechanical, structural, or
vegetative methods, to prevent, reduce or slow erosion.
7.9.2.23 Stormwater
Any surface flow, runoff or drainage resulting entirely from any form
of natural precipitation.
7.9.2.24 Stormwater Management Plan
A document containing sufficient information for the CPDC to
evaluate the environmental impact, effectiveness and acceptability
of the measures proposed by the applicant for reducing adverse
post -construction impacts from slormwater, including controlling
stormwater runoff and promoting infiltration.
7.9.3 Responsibility for Administration
The Community Planning and Development Commission (CPDC) shall
administer, implement and enforce Section 7.9, with assistance from the
Building Inspector. Any powers granted to or duties imposed upon the
26
CPDC, except the power to hear appeals, may be delegated in writing by
the CPDC to other employees or agents of the Town.
7.9.3.1 Rules and Regulations
The CPDC may adopt, and periodically amend, rules and
regulations to effectuate the purposes of Section 7.9 or to
implement any post -construction design requirements of the
Town's NPDES stormwater discharge permit. Failure by the
CPDC to promulgate such rules and regulations shall not have the
effect of suspending or invalidating the requirements of Section
7.9.
7.9.3.2 Waiver
The CPDC may waive strict compliance with any requirement of
Section 7.9 or the rules and regulations promulgated hereunder,
where such action is in the public interest and is not inconsistent
with the purpose and intent of Section 7.9. In making this -
determination, the CPDC shall consider whether:
• The public health, safety, and the environment will be
protected;
• Strict application of the requirement to be waived would
undermine the public interest;
• Specific substitute requirements can be adopted that will
result in the substantial protection of the Municipal Storm
Drain System, and the rights of persons affected by the
waiver; and
• The action made possible by the waiver will not violate the
provisions of federal or state law, other applicable
provisions of local bylaws or regulations, or the Town's
NPDES stormwater discharge permit.
7.9.4 Applicability
7.9.4.1 Regulated Activities
Except as authorized by the CPDC in a stormwater permit or as
provided in Section 7.9.4.2, no person shall perform any activity
that results in disturbance of one or more acres of land or is part
of a larger Common Plan of Development or sale that will
ultimately disturb one or more acres of land.
7.9.4.2 Exempt Activities
The following activities are exempt from the requirements of
Section 7.9:
• Normal maintenance and improvement of land in
agricultural or aquacuftural use, as defined by MGL
Chapter 131 Section 40 and 310 CMR 10.04;
• Normal maintenance of lawns and landscaping; and
• Activities that are subject to the jurisdiction of the
Conservation Commission under Section 7.1 or MGL
27
Chapter 131 Section 40 and its implementing regulations;
demonstrate compliance with the Massachusetts
Stormwater Management Standards, as reflected in an
Order of Conditions; and are in compliance with the
.requirements of that Order of Conditions.
7.9.5 Permits and Procedure
7.9.5.1
Stormwater Permit Application
Prior to the commencement of any activity regulated by Section
7.9, a stormwater permit application shall be filed with the CPDC,
including:
• A completed stormwater permit application Form with
original signatures of all owners;
• An Erosion and Sediment Control Plan satisfying the
requirements of Section 7.9.6;
• A Stormwater Management Plan satisfying the
requirements of Section 7.9.7;
• An Operation and Maintenance Pian satisfying the
requirements of Section 7.9.8; and
• Payment of any application fee established by the CPDC
pursuant to Section 7.9.5.6.
7.9.5.2
Entry
Filing a stormwater permit application shall be deemed to grant
the CPDC or its agent permission to enter the site to verify the
information contained in the application.
7.9.5.3
Public Hearing
The CPDC shall hold a public hearing on each stormwater permit
application that satisfies the requirements of Section 7.9.5.1. The
hearing may be combined with. the hearing for any other permit or
approval for the same project that is within the jurisdiction of the
CPDC. The CPDC shall accept
comments on the application
submitted by any person in writing or at the public hearing.
7.9.5.4
Information Requests
At any time after submission of the stormwater permit application,
the CPDC or its designee may request additional information from
the Applicant on the proposed activity. The CPDC shall not be
required to act on the stormwater permit application until the
requested information has been provided.
7.9.5.5
Action by the CPDC
After the close of the public hearing on the application, the CPDC
may:
• Approve the stormwater permit application and issue a
permit if it finds that the proposedactivity will protect water
resources and meet the objectives and requirements of
.Section 7.9;
U2
Approve the stormwater permit application and issue a
permit with conditions, modifications or restrictions that the
CPDC determines are required to ensure that the
proposed activity will protect water resources and meet the
objectives and requirements of Section 7.9; or
Disapprove the stormwater permit application and deny the
permit if it finds that the proposed activity will not protect
water resources or will fail to meet the objectives and
requirements of Section 7.9.
Require the permittee to post, before the start of land
disturbance activity, a surety bond, irrevocable letter of
credit, cash, or other acceptable form of security. The
bond shall be in a form acceptable to Town Counsel, and
shall be in an amount deemed sufficient by the CPDC to
ensure that the work will be completed in accordance with
the permit.
7.9.5.6 Fee Structure
Each stormwater permit application shall be accompanied by the
appropriate application fee established by the CPDC. In addition,
the CPDC may retain a Registered Professional Engineer or other
professional consultant to advise it on any aspects of the
stormwater permit application. The CPDC may require the
applicant to pay the reasonable costs of such engineer or
consultant pursuant to rules promulgated by the CPDC pursuant
to Section 7.9.3.1 and MGL Chapter 44 Section 53G. The CPDC
shall not be required to act on the stormwater permit application
until the costs of such engineer or consultant have been paid.
7.9.5.7 Project Changes
The permittee, or the permittee's agent, shall notify the CPDC in
writing prior to any change or alteration of an activity authorized in
a stormwater permit. If the CPDC determines that the change or
alteration is significant, the permittee shall obtain an amended
stormwater permit prior to implementation of the change or
alteration. -
7.9.6 Erosion and Sediment Control Plan
The Erosion and Sediment Control Plan shall contain sufficient
information to describe the nature and purpose of the proposed activity,
pertinent conditions of the site and adjacent areas, proposed erosion and
sedimentation controls, and any other proposed pollution prevention
measures.
7.9.6.1 Design Standards
The erosion and sediment control and pollution prevention
measures set forth in the Erosion and Sediment Control Plan shall
be designed to meet Standard 8 of the Massachusetts Stormwater
Management Standards, minimize the total area of disturbance,
and properly manage construction and waste materials.
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7.9.6.2 Site Plan
The Erosion and Sediment Control Plan shall include a site plan,
stamped and certified by a qualified Professional Engineer
registered in Massachusetts or a Certified Professional in Erosion
and Sediment Control, containing the following information:
• The names, addresses, and telephone numbers of the
owner, the applicant, and the persons or firms who
prepared the plan;
• Title, date, north arrow, scale, legend, and locus map;
• Locations of watercourses and water bodies;
• Lines of existing abutting streets showing drainage
(including catch basins), driveway locations and curb cuts;
• Property lines showing the size of the entire site, and a
delineation and number of square feet of the land area to
be disturbed;
• Drainage patterns and approximate slopes anticipated
after major grading activities (construction phase grading
plans);
• The location and details of erosion and sediment control
measures, including both structural and non-structural
measures, interim grading, and material stockpiling areas;
• The location and description of and implementation
schedule for temporary and permanent seeding, vegetative
controls, and other stabilization measures; and
• Such other information as is required by the CPDC.
7.9.7 Stormwater Management Plan
The Stormwater Management Plan shall contain sufficient information for
the CPDC to evaluate the environmental impact, effectiveness, and
acceptability of the measures proposed by the applicant for reducing
adverse post -construction impacts from stornwater. The Stormwater
Management Plan shall fully describe the proposed activity in drawings
and narrative.
7.9.7.1 Design Standards
The stormwater management measures set forth in the
Stormwater Management Plan shall be designed to meet
Standards 1-6 (for New Development) or Standard 7 (for
Redevelopment) of the Massachusetts Stormwater Management
Standards, as well as any post -construction design requirements
adopted under Section 7.9.3.1.
7.9.7.2 Site Plan
The Stormwater Management Plan shall include a site plan,
stamped and certified by a qualified Professional Engineer
registered in Massachusetts, containing the following information:
• The names, addresses, and telephone numbers of the
owner, the applicant, and the persons or firms who
prepared the plan;
• Title, date, north arrow, scale, legend, and locus map;
30
• The site's existing and proposed topography with contours
at 2 -foot intervals;
• Existing site hydrology, including any existing stormwater
conveyances or impoundments;
• Estimated seasonal high groundwater elevation
(November to April) in areas to be used for stormwater
retention, detention, or infiltration;
• The existing and proposed vegetation and ground surfaces
with runoff coefficient for each;
• A drainage area map showing pre- and post -construction
watershed boundaries, drainage area and stormwater flow
paths;
• Drawings of all components of the proposed drainage
system; and
• Such other information as is required by the CPDC.
7.9.8 Operation and Maintenance Plan
Each parcel shall have its own O&M Plan, setting forth operation and
maintenance measures designed to ensure that all aspects of the
stormwater management system operate as designed throughout the life
of the system. The O&M Plan shall remain on file with the CPDC and
shall be an ongoing requirement, enforceable against the owner of the
parcel to which it applies, pursuant to the provisions of Section 7.9.11.
7.9.8.1 Contents
The O&M Plan shall include:
• The name of each owner of the parcel for which the O&M
Plan is being submitted;
• Maintenance specifications, including a schedule, for all
drainage structures, including swales and ponds, and any
other component of the stormwater system that requires
maintenance; and
• The signature of each owner.
7.9.8.2 BMPs Serving More Than One Lot
In the case of stormwater BMPs that are serving more than one
parcel, the applicant shall include a mechanism to ensure that
those BMPs are properly operated and maintained. The applicant
shall identify the lots or units that will be serviced by the proposed
stormwater BMPs. The applicant shall also provide a copy of the
legal instrument (deed, declaration of trust, articles of
incorporation, etc.) that establishes the terms of and legal
responsibility for the operation and maintenance of stormwater
BMPs. In the event that the stormwater BMPs will be operated
and maintained by an entity or person other than the sole owner of
the lot upon which the BMPs are placed, the applicant shall
provide a plan and easement deed that provides a right of access
for the entity or person to be able to perform said operation and
maintenance functions.
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7.9.8.3 Recording
The CPDC shall, as a condition of any Stormwater Permit, require
that notice of the associated O&M Plan be recorded with the
Registry of Deeds (for recorded land) or filed with the Registry
District of the Land Court (for registered land).
7.9.8.4 Annual Report
The CPDC may, as a condition of any Stornwater Permit, require
that the property owner submit an annual report documenting
maintenance activities.
7.9.8.5 Changes to Operation and Maintenance Plans
7.9.8.5.1 The owner of a parcel to which an O&M Plan applies shall
notify the CPDC prior to any proposed change in
ownership of the. parcel.
7.9.8.5.2 In the case of a stormwater BMP that serves more than
one lot, the owners of the parcels served by the BMP must
obtain CPDC approval for any change to the entity or
person operating or maintaining the BMP or the legal
instrument that establishes terms and legal responsibility
for the operation and maintenance of the BMP.
7.9.8.5.3 The O&M Plan may be amended to achieve the purposes
of Section 7.9 by mutual agreement of the CPDC and the
parcel owners; provided, however, that all such
amendments shall be in writing and signed by all owners
and the CPDC.
7.9.9 Inspections, As -Built Plan and Access
7.9.9.1 CPDC Inspection
The CPDC or its designated agent may make inspections to
assess compliance with the Stornwater Permit. The CPDC may
require the applicant to notify the CPDC before significant site
milestones, such as installation of erosion and sediment control
measures or completion of site clearing.
7.9.9.2 Permittee Inspections
The CPDC may require the permittee or an agent thereof to
conduct and document periodic inspections of all control
measures before, during or after construction and to submit
reports of the results of such inspections to the CPDC.
7.9.9.3 As -Built Plan
After the stormwater management system has been constructed
and before the surety has been released, the applicant must
submit to the CPDC a record plan detailing the actual stormwater
management system as installed.
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7.9.10 Surety
Upon receipt of an As -Built Plan demonstrating compliance with the
terms and conditions of the stormwater permit, the CPDC may release
any surety required pursuant to Section 7.9.5.5. If the project is phased,
the CPDC may release part of such surety as each phase is completed
in compliance with the stormwater permit.
7.9.11 Enforcement
It shall be unlawful for any person to violate any provision or fail to
comply with any of the requirements of Section 7.9. The CPDC and its
authorized agents shall enforce Section 7.9 and may pursue all civil and
criminal remedies for violations.
7.9.11.1 Enforcement Orders
If any person violates or fails to comply with any of the
requirements of Section 7.9, the CPDC may order compliance by
written notice to the responsible person via certified mail or hand
delivery. The order shall include the name and address of the
alleged violator, the address at which the violation is occurring or
has occurred, a statement specifying the nature of the violation, a
description of the actions needed to resolve the violation and
come into compliance, the deadline within which such actions
must be completed, and a statement that, if the violator fails to
come into compliance by the specified deadline, the Town may do
the work necessary to resolve the violation at the expense of the
violator. In addition, said order may require:
• Cessation of regulated activity until compliance is
achieved;
• Maintenance, installation or performance of additional
erosion and sediment control measures;
• Repair, maintenance or replacement of the stormwater
management system or portions thereof in accordance
with the stormwater permit and/or the O&M Plan;
• Monitoring, analyses, and reporting; and
• Remediation of erosion, sedimentation, or any other
adverse impact resulting directly or indirectly from failure to
comply with the Erosion and Sediment Control Plan, the
Stonowater Management Plan, the O&M Plan, or any other
terms or conditions of a stormwater permit or Section 7.9.
7.9.11.2 Appeals
Any person aggrieved by an enforcement order issued pursuant to
Section 7.9.11.1 may request a hearing before the CPDC by
submitting to the CPDC, within 30 days of such order, a letter
explaining why the order was not justified. The CPDC shall
thereupon schedule and hold a hearing regarding such request
and, upon the close of such hearing, may uphold, modify or
rescind the order as the facts and applicable law may require.
The CPDC's decision shall be deemed its final action with respect
33
to the matters determined, and any further appeal shall be to a
court of competent jurisdiction.
7.9.11.3 Action by the Town to Remedy a Violation
If a violator fails to come into compliance by the deadline specified
in an enforcement order, the CPDC may undertake the work
necessary to resolve the violation at the joint and several expense
of the violator and property owner. For situations involving an
immediate threat, the CPDC may immediately take such action as
is necessary to protect public health, safety or the environment,
without first issuing an enforcement order. Written notice of any
remediation action undertaken by the CPDC shall be provided to
the property owner within 24 hours of the commencement thereof.
7.9.11.4 Recovery of Costs
If the CPDC undertakes remediation work pursuant to Section
7.9.11.3, it shall, within 30 days after completing the work,. notify
the violator and the property owner in writing of the costs incurred
by the Town, including administrative costs, associated with that
work. The violator and the property owner shall be jointly and
severally liable to repay the Town for those costs within 30 days of
receipt of that notice; provided, however, that the violator or the
property owner may file a written protest objecting to the amount
or basis of costs with the CPDC within such 30 days. The CPDC
shall schedule and hold a hearing regarding such protests and,
upon the close of such hearing, may uphold, modify or rescind the
costs required to be repaid, as the facts and applicable law may
require.
If the amount due is not received by the Town by the expiration of
the time in which to file such a protest, or within 60 after the final
decision of the CPDC or, if appealed to court, a court of
competent jurisdiction resolving that protest, the amount of the
Town's costs shall constitute a lien on the property pursuant to
MGL Chapter 40 Section 58. Interest shall accrue on any unpaid
costs at the statutory rate, as provided in MGL Chapter 59 Section
ST
7.9.11.5 Civil Relief
If a person violates any provision of Section 7.9 or an order issued
thereunder, the Board of Selectmen may seek injunctive relief in a
court of competent jurisdiction restraining the person from
activities that would create further violations or compelling the
-person to abate or remedy the violation.
7.9.11.6 Criminal Penalty
Any person who violates any provision of Section 7.9 or any order
issued thereunder may be punished by a fine of not more than
$300.00. Each day or part thereof that such violation occurs or
continues shall constitute a separate offense. A criminal
34
complaint may be filed by the CPDC, with the authorization of the
Board of Selectmen.
7.9.11.7 Non -Criminal Disposition (Ticketing)
As an alternative to criminal prosecution, the employees of the
Planning Division or the Building Inspector may elect to utilize the
non -criminal disposition procedure set forth in Section 1.8. The
penalty for the first violation shall be $100.00. The penalty for
each subsequent violation shall be $300.00. Each day or part
thereof that such violation occurs or continues shall constitute a
separate offense.
7.9.11.8 Entry to Perform Duties Under this Bylaw
To the extent permitted by state law, or if authorized by. the owner
or other party in control of the property, the Town and its agents,
officers and employees may enter privately owned property for the
purpose of performing their duties under this Bylaw and may make
or cause to be made such examinations, surveys, sampling, or
remedial activities as the Town deems reasonably necessary.
7.9.11.9 Remedies Not Exclusive
The remedies listed in Section 7.9 are not exclusive of any other
remedies available under any applicable federal, state or local
law.
or take any other action with respect thereto.
Board of Selectmen
Background: CPDC at their meeting on October 17, 2016 will discuss this Article, and decide if
they wish to request a postponement to Annual Town Meeting in April 2017. Taking up this
Article at that Town Meeting will allow the Town to be in compliance with an important
September 2017 federal deadline.
Finance Committee Report: No report.
Bylaw Committee Report: Action pending.
*Board of Selectmen Report: The Board of Selectmen on October 4, 2016 declined to vote on
this Article because CPDC has not yet reviewed it. Town Counsel has suggested that in order to
comply with federal regulations, the Town needs to take action before September 2017, so this
article may be tabled and brought back to 2017 Annual Town Meeting next spring.
ARTICLE 20 To see if the Town will vote to amend Article 8 of the General Bylaw by
inserting a new Section 8.5.1 as follows:
8.5.1 Department of Public Works
There shall be a Department of Public Works responsible for the performance of
all public works activities of the Town placed under its control by statute, bylaw,
or otherwise, including the protection of natural resources, water supply and
35
distribution, sanitary sewers and sewerage systems, stormwater drains and
sewers, streets and roads, public o8 -street parking facilities as well as parking
lots for municipal buildings, parks and playgrounds, refuse collection and
disposal, forestry services, and cemetery services.
8.5.1.1 Director of Public Works
The Department of Public Works shall be under the direct control of a
Director of Public Works, who shall be appointed by, and directly
responsible to the Town Manager. The Director of Public Works shall
serve at the pleasure of the Town Manager and shall be a professionally
qualified person of proven ability, especially fitted by education, training,
and previous experience to perform the duties of the office. The Director
of Public Works shall be responsible for the supervision and coordination
of all divisions within the Department of Public Works.
8.5.1.2 Policy Formation
The Board of Selectmen, acting through the Town Manager, shall be
responsible for the establishment of policies and priorities to govern the
operation of the Department of Public Works. The Board of Selectmen
may adopt rules and regulations setting fees and establishing procedures
for the performance of public works activities, as it deems necessary or
appropriate.
and by renumbering subsequent provisions of Section 8.5 accordingly; or take any other action
with respect thereto.
Board of Selectmen
Background: As part of the recent Charter changes, the town removed historic references to
the Public Works department, which was the only town department explicitly mentioned in the
document. This reference had served as a transition from the former Board of Survey from what
is now almost 30 years ago.
The former Charter language, which is shown below in italics, has been modernized but
otherwise closely replicated as the suggested general bylaw in this Article.
8-3 Department of Public Works
(a) Establishment and Scope - There shall be a Department of Public Works responsible for the
performance of all public works activities of the Town placed under its control by the Charter, by
bylaw, by administrative code or otherwise including, but not limited to, protection of natural
resources, maintenance of all municipal buildings and grounds except those of the School and
Municipal Light Departments, watersupply and distribution, sewers and sewerage systems, streets
and roads, parks and playgrounds, refuse collection and disposal, forestry services, and cemetery
services.
The Department of Public Works shall assume all of the duties and responsibilities in the performance
of public works functions including, but not limited to, those performed prior to the adoption of the
Charter by or under the authority of the Department of Public Works.
36
(b) Director of Public Works — The Department of Public Works shall be under the direct control of a
Director of Public Works who shall be appointed by and who shall be directly responsible to the Town
Manager. The Director of Public Works shall serve at the pleasure of the Town Manager. He shall be
a person especially fitted by education, training and previous experience to perform the duties of the
office.
The Director of Public Works shall be responsible for the supervision and coordination of all divisions
within the department in accordance with State statutes, Town bylaws, administrative code and
directives of the Town Manager.
(c) Policy Formulation — The Board of Selectmen, acting through the Town Manager, shall be
responsible for the overall supervision of the Department of Public Works and for the establishment of
policies and priorities to govern the operation of the department.
The Board of Selectmen shall have the same power to adopt rules and regulations and grant licenses
previously given by law to the Department of Public Works and its predecessor water, sewer and park
commissions.
[Amended November 15,2004 - Article 16 and approved by vote or the Town an April 5, 1005]
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 4-0-0
at their meeting on September 14, 2016.
*Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 5-0-0 to
support this Article.
ARTICLE 21 To see if the Town will vote to amend Article 8 of the General Bylaw by
inserting a new Section 8.5.3 as follows:
8.5.3 Temporary Repairs on Private Ways
The Town may make temporary repairs to private ways that have been open to
the public for at least the previous ten years, as required for the public health or
safety, the protection of the environment, or the public convenience and
necessity. As used in Section 8.5.3, the term 'private way" shall not include
driveways, common driveways, parking lots, and ways to which the public does
not have access.
8.5.3.1 Type and Extent of Repair
Temporary repairs made pursuant to Section 8.5.3 may include
• Filling or patching of potholes or cracks;
• Grading and leveling of surfaces;
• Oiling and taping of road surfaces and the covering of the oil or tar with
sand or gravel;
• Installation of guardrails or other infrastructure;
• Installation of stormwater drainage infrastructure;
• Cleaning of catch basins and drainage structures;
• Skimmating or armor mating of road surfaces;
• Reconstructing a way, including the removal of roadway surface and the
regrading and installation of fill and roadway surface materials, including
asphalt and concrete; and
37
• Any other temporary repair deemed necessary to protect public safety.
8.5.3.2 Minor Repairs
The Department of Public Works may make minor temporary repairs to
eligible private ways; provided, however, that all minor repairs made to a
single private way shall be subject to prior approval of the Town Manager.
8.5.3.3 Petition
Except as provided in Section 8.5.3.2, the Town may make temporary
repairs to eligible private ways only if.
• CPDC or the Director of Public Works petitions the Board of Selectmen
to make repairs, and the record owners of at least two-thirds of the lots
abutting the portion of the private way to be repaired have assented in
writing to the repairs; or
• The record owners of at least two-thirds of the lots abutting the portion of
the private way to be repaired petition the Board of Selectmen to make
repairs.
Upon receipt of a petition submitted pursuant to Section 8.5.3.3, the
Board of Selectmen shall request that the Director of Public Works make
an investigation of the condition of the private way and report the results
of that investigation to the Board of Selectmen.
8.5.3.4 Hearing
Upon receipt of the report of the Director of Public Works pursuant to
Section 8.5.3.3, the Board of Selectmen shall hold a public hearing on the
petition. The record owners of all lots abutting the portion of the private
way to be repaired shall be given written notice of the hearing not less
than seven days prior thereto.
8.5.3.6 Public Convenience and Necessity
Following the the public hearing held pursuant to Section 8.5.3.4, the Board
of Selectmen may authorize temporary repairs to an eligible private way
upon a finding that the requested repairs are required for the public health
or safety, the protection of the environment, or the public convenience
and necessity. In making this determination the Board shall consider.
• The accessibility of the properties abutting the private way to emergency
vehicles such as police, fire, ambulance, or other rescue vehicles;
• The volume of traffic that utilizes theprivate way;
• Any other factors deemed appropriate by the Board.
8.6.3.6 Repair Costs
The Board of Selectmen may authorize repairs pursuant to Section
8.5.3.5 only if the necessary funds therefor have been appropriated or
otherwise made available to the Town. If a Town Meeting has made an
appropriation specifically for temporary repairs of a specified private way,
the Town shall assess betterments pursuant to MGL Chapter 80 to
recover the entire direct and indirect costs of such repairs from the record
owners of all lots abutting the portion of the private way to be repaired,
KE
Board of Selectmen
Backaround: At a recent Town Meeting, some private ways were accepted as public roads. In
doing the research needed for this relatively straightforward action by Town Meeting, Town
Counsel discovered that the town had never adopted a general bylaw to allow it to make repairs
to private roads, as it has for hundreds of years. In general, these repairs done previously
allowed safe access by emergency vehicles, such as ambulance, police and fire equipment.
Minor repairs require approvalbythe Town Manager, and their costs may be absorbed by the
existing annual budget of the DPW. More extensive repairs have a process described beginning
in Section 8.5.3.3. The betterment process cited is similar as is currently used by the Board of
Selectmen to accept a private road as public, after making improvements. However in this case,
the betterments will only make the road safe for emergency vehicle passage, and the road will
remain private.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 4-0-0
at their meeting on September 14, 2016.
39
with all such owners sharing equally. Payment of said betterment may be
made in not more than 20 equal annual installments.
8.5.3.7
Easements
If any easement is necessary for the completion of temporary repairs
authorized pursuant to Section 8.5.3.6, the record owners of all lots
abutting the portion of the private way to be repaired and the owners of
any land or interest in land upon which such easement would be required,
shall be jointly and severally responsible for the cost of the preparation
and the grant of such easement to the Town.
8.5.3.8
Standard of Work and Maintenance
All temporary repairs to private ways made pursuant to Section 8.5.3 shall
be performed in accordance with standards established by the
Department of Public Works. No such temporary repair shall be deemed
to impose a duty or obligation on the Town to maintain or further repair
the private way thereafter.
8.5.3.9
Acceptance of Private Ways
No temporary repair to a private way made pursuant to Section 8.5.3 shall
be deemed to constitute an acceptance by the Town of the way as a
public way.
8.5.3.10
Liability of Town
There shall be a $500 limitation per occurrence on the Town's liability for
any damages arising from any negligent repair of a private way pursuant
to Section 8.5.3.
and by renumbering
subsequent provisions of Section 8.5 accordingly; or take any other action
with respect thereto.
Board of Selectmen
Backaround: At a recent Town Meeting, some private ways were accepted as public roads. In
doing the research needed for this relatively straightforward action by Town Meeting, Town
Counsel discovered that the town had never adopted a general bylaw to allow it to make repairs
to private roads, as it has for hundreds of years. In general, these repairs done previously
allowed safe access by emergency vehicles, such as ambulance, police and fire equipment.
Minor repairs require approvalbythe Town Manager, and their costs may be absorbed by the
existing annual budget of the DPW. More extensive repairs have a process described beginning
in Section 8.5.3.3. The betterment process cited is similar as is currently used by the Board of
Selectmen to accept a private road as public, after making improvements. However in this case,
the betterments will only make the road safe for emergency vehicle passage, and the road will
remain private.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 4-0-0
at their meeting on September 14, 2016.
39
*Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4-0-1 to
support this Article. The vote to abstain was from a member on the Board living on a private
road.
ARTICLE 22 To see if the Town will vote to amend Article 8 of the General Bylaw by
inserting a new Section 8.5.9 as follows:
8.5.9 Stormwater Utility
Pursuant to MGL Chapter 83 Section 16, the Board of Selectmen shall establish
annual stormwater utility fees for the use of main drains and related stormwater
facilities.
8.5.9.1 Establishing the Stormwater Utility Fee
The Board of Selectmen shall, from time to time, establish procedures for
the calculation of the stormwater utility fee, which shall be calculated to
supplement other available funds as may be necessary to plan, construct,
operate and maintain stormwater facilities and to conduct stormwater
programs. The Board of Selectmen may also establish a grant credit
program for those property owners who maintain on-site functioning
retention and detention basins or other filtration structures. Any
stormwater utility fee shall be assessed in a fair and equitable manner.
8.5.9.2 Stormwater Enterprise Fund
All stormwater utility fees received shall be deposited into a Stormwater
Enterprise Fund, and may be applied to the payment of the cost of
maintenance and repairs of such main drains and related stormwater
facilities or of any debt contracted for such facilities.
or take any other action with respect thereto.
Board of Selectmen
Background: This general bylaw adds language that exactly describes the current practices
used under the existing Storm Water Enterprise Fund (SWEF), and indeed no changes to those
practices are anticipated. Those practices are exactly as described to Town Meeting when the
SWEF was established.
Other communities that have since adopted SWEFs use a wide variety of fee calculations.
Codifying the town's current practices into a general bylaw seemed appropriate, whereas
previously they had only been described to Town Meeting when the SWEF was formed,
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 4-0-0
at their meeting on September 14, 2016.
*Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 5-0-0 to
support this Article.
ARTICLE 23 To see if the Town will vote to amend the General Bylaw by:
(1) Inserting a new row into the table in Section 1.8 of Article 1, to read as follows:
Bylaw Section: 8.12
Bylaw Title: Illicit Connections and Discharges into Municipal
Storm Drain System
Enforcing Person: Department of Public Works
Board of Selectmen
Penalty— First Offense: $100
Penalty — Second Offense: $300
Penalty— Additional Offenses: $300
and
(2) Inserting a new Section 8.12 in Article 8, to read as follows:
8.12 Illicit Connections and Discharges into Municipal Storm Drain System
8.12.1 Purpose
Non-stormwater discharges into the Municipal Storm Drain System can
harm water quality and create public health hazards. The purpose of
Section 8.12 is to provide for the health, safety, and welfare of the citizens
of the Town of Reading through the regulation of non-stormwater
discharges into the Municipal Storm Drain System.
The provisions of Section 8.12 shall be administered so as to:
• Prevent pollutants from entering the Municipal Storm Drain
System;
• Prohibit illicit connections and illicit discharges into the storm drain
system;
• Comply with the requirements of the Town's National Pollutant
Discharge Elimination System (NPDES) permit for discharges
from the municipal storm drain system; and
• Ensure compliance through inspection, monitoring, and
enforcement.
8.12.2 Definitions
Unless the context clearly indicates otherwise, the following words and
terms, as used in Section 8.12, shall have the following meanings:
8.12.2.1 Hazardous Material
Any solid or liquid substance or combination of substances,
including any liquid petroleum products that, because of quantity,
concentration or physical, chemical or infectious characteristics,
poses a significant present or potential hazard to water supplies or
to human health If disposed of into or on any land or water. Any
substance deemed to be a "hazardous waste" pursuant to MGL
ON
Chapter 21 C, or deemed to be a toxic or hazardous substance
pursuant to MGL Chapter 94B shall be deemed to be a hazardous
material.
8.12.2.2 Illicit Connection
Any drain or conveyance, whether on the surface or subsurface,
that allows an Illicit Discharge into enter the Municipal Storm Drain
System, regardless of whether the drain or connection was
previously allowed, permitted or approved before the effective
date of Section 8.12. An Illicit Connection shall include:
• Any conveyance that allows sewage, process wastewater,
wash water or other non-stormwater discharge into the
Storm Drain System; and
• Any connection to the Storm Drain System from indoor
drains and sinks.
8.12.2.3 Illicit Discharge
Any direct or indirect non-stormwater discharge, including
dumping, into the Municipal Storm Drain System. The following
non-stormwater discharges shall not be considered Illicit
Discharges:
Water line flushing; landscape irrigation; diverted stream
flows; rising ground waters; uncontaminated groundwater
infiltration (as defined by 40 CFR 35.2005(20));
uncontaminated pumped groundwater, discharges from
potable water sources; foundation drains; air conditioning
condensation; irrigation water; springs; water from crawl
space pumps; footing drains; lawn watering; individual
resident car washing; flows from riparian habitats and
wetlands; dechlorinated swimming pool discharges; street
wash water, residential building wash waters without
detergents; and discharges or flow from firefighting; unless
the DPW or the Board of Selectmen determines that the
discharge is a significant contributor of pollutants to the
Municipal Storm Drain System;
Discharges associated with dye testing, provided,
however, that the discharger shall notify the DPW before
any such test; and
Discharges permitted under an NPDES permit, waiver, or
waste discharge order issued to the discharger under the
authority of the U.S. Environmental Protection Agency,
provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other
applicable laws and regulations, and that written approval
has been granted by the DPW for any discharge to the
Municipal Storm Drain System.
42
8.12.2.4 Municipal Storm Drain System (or Storm Drain System)
The system of conveyances owned by the Town (including roads,
catch basins, curbs, gutters, ditches, man-made channels, pipes,
and outfalls) by which stormwater is collected or conveyed.
8.12.2.6 Pollutant
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials (except those regulated
under the Atomic Energy Act of 1954, as amended (42 U.S.C.
§§2011 at seq.), heat, wrecked or discarded equipment, rock,
sand, cellar dirt, industrial, municipal, and agricultural waste, and
any other material that may cause or contribute to exceedance of
water quality standards in the waters to which the Storm Drain
System discharges.
8.12.2.7 Stormwater
Any surface flow, runoff or drainage resulting entirely from any
form of natural precipitation.
8.12.3 Responsibility for Administration
The Department of Public Works (DPW) and Board of Selectmen shall
administer, implement, and enforce the provisions of Section 8.12. Any
powers granted to the DPW or the Board of Selectmen, except the power
to hear appeals, may be delegated in writing in writing by (respectively)
the DPW Director or the Board of Selectmen to other employees or
agents of the Town.
8.12.4 Prohibitions
8.12.4.1 Prohibition of Illicit Discharges
No person shall commence, allow, conduct or continue any Illicit
Discharge.
8.12.4.2 Prohibition of Illicit Connections
No person shall construct, use, allow, maintain or continue any
Illicit Connection, regardless of whether the connection was
permissible under applicable law, regulation or custom at the time
of connection.
8.12.4.3 Prohibition of Obstruction of Municipal Storm Drain System
No person shall obstruct or interfere with the normal flow of
stormwater into or out of the Municipal Storm Drain System
without prior written approval from the DPW.
8.12.5 Notification of Releases
Any person responsible for a facility or operation, or responsible for
emergency response for a facility or operation, who has information of -
43
any known or suspected release of materials at that facility or operation
that are resulting or may result in Illicit Discharges shall take all necessary
steps to ensure the discovery, containment and cleanup of such release.
In the event of a release of Hazardous Material, that person shall
immediately notify the Reading Fire Department and shall notify the DPW
within two hours. In the event of a release not involving Hazardous
Material, that person shall notify the DPW no later than the next business
day. For all releases, the initial notification shall be confirmed by written
notice addressed and mailed to the DPW within two business days.
8.12.6 Enforcement
It shall be unlawful for any person to violate any provision or fail to comply
with any of the requirements of Section 8.12. The DPW, the Board of
Selectmen, and their authorized agents, shall enforce Section 6.12 and
may pursue all civil and criminal remedies for violations.
8.12.6.1 Enforcement Orders
If any person violates or fails to comply with any of the
requirements of Section 78.12, the CPDC may order compliance
by written notice to the responsible person via certified mail or
hand delivery. The order shall include the name and address of
the alleged violator, the address at which the violation is occurring
or has occurred, a statement specifying the nature of the violation,
a description of the actions needed to resolve the violation and
come into compliance, the deadline within which such actions
must be completed, and a statement that, if the violator fails to
come into compliance by the specified deadline, the Town may do
the work necessary to resolve the violation at the expense of the
Violator. In addition, said order may require:
• Elimination of Illick Connections or Illicit Discharges;
• Performance of monitoring, analyses and reporting;
• Remediation of contamination caused by the Illicit
Connection or Illicit Discharge; and
• The implementation of source control or treatment
measures.
8.12.6.2 Appeals
Any person aggrieved by an enforcement order issued pursuant to
Section 8.12.6.1 may request a hearing before the Board of
Selectmen by submitting to the DPW and Board of Selectmen,
Within 30 days of such order, a letter explaining why the order was
not justified. The Board of Selectmen shall thereupon schedule
and hold a hearing regarding such request and, upon the close of
such hearing, may uphold, modify or rescind the order as the facts
and applicable law may require. The Board of Selectmen's
decision shall be deemed its final action with respect to the
matters determined, and any further appeal shall be to a court of
competent jurisdiction.
44
awning
awningsign 000
a0 nopy
canopysign
Banner or Pennant: Any sign of flexible lightweight fabric or similar material that is mounted
or affixed at one or more edges.
Beacon: A stationary or revolving light, not primarily illuminating a sign, which flashes or
projects illumination, single color or multi -colored, in any manner which is intended to attract
or divert attention, except any such fixture which is required by the Federal Aviation
Administration or a similar agency, and is installed and operated under the safety regulations
of such agency.
Billboard: A large, off -premises, outdoor board for displaying advertisements that are either
static or animated, and which is subject to regulation by the Office of Outdoor Advertising of
the Massachusetts Department of Transportation.
Bulletin Board: Any A permanent nonelectronic sign e•".Rt�"d that is located on property that
Is owned or operated by a charitable, educational, or religious institution or a public body ea
for posting temporary signs.
..._..__.., .._..._— __._...___, _. ..... ...........
th
Electric Sign: Any sign containing electric wiring. This does not include signs Illuminated by
an exterior floodlight source.
Electronic Sign: A sign that changes its message or copy at intervals by digital, electronic or
mechanical processes, by remote control or other programming device. A- sign -an whish -the
t _,._......_ is 2A PIPWOWAF n.,,..,.....'..., indi. ti..n ..f Any illuminated sign on
which the artificial light is not maintained stationary or constant in intensity and color at all
times when such sign is in use. Any moving illuminated sign shall be considered a flashing
sign.. a shall 6, l,.n.id,._..d a. Rrn and T.........._. peFt...d.. sigR Ad
Facade: The ^•nv.ca of the the face of a building, typically the principal or front wall efa-building.
103
Feather Banner: A temporary sign of flexible, lightweight fabric or similar material that is
supported along one edge and mounted to a ground base or staked in the ground and
intended to blow In the wind to attract attention. Also called a Wind Flag.
1111 lr
Example of Feather Banner or Wind Flag
Free -Standing Sign: ARV.., a n d eye Py A permanent sign erected and maintained on a
freestanding frame, mast or peFMaRestly affixed pole not attached to the land, '--'••d Rig any
and e, building not 0aea-Eo a-bo..a"." ;g.
Common Free -Standing Sign Types
0 Sign❑
Sign ®cr Exr
Sign Sign
� ,rfixT re)tr
Sign
sl n
Government Sign: A sign that is constructed, placed or maintained by the Federal, State, or
Local government or a sign that is required to be constructed, placed or maintained by the
Federal, State, or Town government either directly or to enforce a property owner's rights.
104
i. Traffic control signs and/or devices;
ii. Numerals that identify the address of a property;
Iii. Fuel pump information signs;
iv. A flag adopted by the Federal government, this State, or the Town of Reading.
Halo Lighting: Lgh,e,. showing A form of internal illumination in which light is only emitted
from the back of or from within a letter or graphic shape out towards the surface that on
which the letter or graphic is mounted a without having any light visible through the face or
sides of the letter or graphic.
etional °.e n s gin that w a puFpese seegindapy , the
._4. .. a.L'.... enter,
� .. r �. o�Y ... Y .., i onervT
Identification Sign: A sign which contains areas that are made available for use by the
individual structures or commercial uses operating on the same lot
Illuminated Sign: A sign characterized by the use of artificial light projecting through the
letters or graphics of an opaque sign surface(s) [Internally Illuminated], or reflecting off of
the sign surface(s) [Externally Illuminated].
Instructional or Directional Signage: A Sign that is required by state or local permit or
approval for the safe flow of vehicular or pedestrian traffic or otherwise to protect public
safety, health and the environment.
Marquee: A canopy or covering structure projecting from and attached to a building and
bearing a signboard or copy.
Marquee Sign: Any sign attached to or made part of a marquee ent
eanelay OF 5tFUEtUFe pFojectiRg beyanel and extending along a build ng wall.
105
Sign
Sign ,>orr n
,nrr�s�r '�" sl A
Common Monument Sign Types
Off -Premises Sign: Any sign seRveyiRg a semmeK a' -• ^^- eemme 4aI messag^ which directs
attention to an off site med O "oods,
products, services or -G# a commercial uses which are not sold, manufactured or non
eemmercia' ac4ivity distributed on or from the premises, facility or site on which the sign is
located, including any eutdeer advertising billboard, signs affixed to vehicles, Animated Sign
or Electronic Sign on which display space mayor may not be leased or rented.
Original Art Display: A work of fine art that is displayed in conjunction with a commercial
enterprise with the permission of the property owner, but for which the commercial
enterprise does not receive direct commercial gain. An original art display does not include:
mechanically produced or computer generated prints or images, including but not limited to
digitally printed vinyl; electrical or mechanical components; or changing Image art display.
Outdoor Advertising: A sign which advertises goods, products or services which may or may
not be not sold, manufactured or distributed on or from the premises or facilities on which
the sign is located.
Portable Sign: Any sign not permanently attached to the ground or any permanent structure,
or a any sign primarily designed to be transported in any way, regardless of modifications
that limit its movability, including signs converted to "A" or "T' frames and/or menu and
sandwich -board signs.
Projecting and or Blade Sign: A sign which is affixed to a building or other structure where the
sign face is approximately perpendicular to the building facade.
106
Reader Board or Menu Board: A signor portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or surface of the signor
signboard. A sign on which the message changes more than eight times per day shall be
considered an Animated or Electronic sign,
Roof line: the underside of the eave of a peaked roof or, In the case of an extended facade
or parapet, the uppermost point of said facade or parapet.
Sloping Roof
Fiot Roof
Mansard Roof
Sign: A name, identification, description, display or illustration, which is affixed to, painted
or represented directly or indirectly upon a building, or other outdoor surface which directs
attention to or is designed or intended to direct attention to the signboard or to an object,
product, place, activity, person, institution, organization or business and where sign area
107
000
Fiot Roof
Mansard Roof
Sign: A name, identification, description, display or illustration, which is affixed to, painted
or represented directly or indirectly upon a building, or other outdoor surface which directs
attention to or is designed or intended to direct attention to the signboard or to an object,
product, place, activity, person, institution, organization or business and where sign area
107
means the space enclosed within the extreme edges of the sign for each face, not including
the supporting structure or where attached directly to a building wall or surface, the outline
enclosing all the characters of the word. Signs located completely within an enclosed
building, and not exposed to view from a street, shall not be considered a sign for the
purposes of the bylaw herein. Each display surface of a sign or sign face shall be considered
to be a sign.
Sign Area: The area contained entirely within the signboard ("- r'" s -.able
material upeA wh Gh lettem OF etheF ffaphie GBRteRt ef a sign is d splayed) or if no sign beaFd
signboard is present, the area contained entirely within the smallest rectangle which
completely encloses the outer extremities of all graphic material of a sign.
Sign❑ � n
Sign
A..-=
Examples of Sign Area (shaded portion)
Signboard: The surface of durable material upon which letters or othergraphic content of a sign
is displayed.
Sign Height: The distance from the base of the sign at normal grade to the top of the highest
attached component of the sign or sign structure. Normal grade shall be construed to be the lower
of:
Existing grade prior to construction (a), or
The newly established grade after construction (b),
exclusive of any filling, berming, mounding, or excavating solely for the purpose of
locating the sign (c). In cases in which the normal grade cannot be reasonably
determined, sign height shall be computed on the assumption that the normal grade is
the elevation of the nearest point of the crown of the public street (d) along which the
lot has frontage or the grade of the land at the principal entrance (e) to the principal
structure on the lot, whichever is lower.
GRADE F--7 ----7 SIGN HEIGHT
GRADE
CONDITION (a)
CONDITION (b)
PLANTERS
[� 1 0
NORMALGRADE CONDITION 1c)
i,
i
CONDITION (d)
CROWN OF PUBLIC STREET
AT PRINCIPAL ENTRANCE
109
CONDITION (e)
Temporary Sign: Any sign which is used teMPOMMV, Felates to events of a temporary ARWRe,
OF is not permanently mounted, An unlit banner, pennant, poster or advertising display
constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood or
other like materials and that is intended to be displayed for a limited period of time.
Wall 5 OA _# '...al to .. StFUGtUm .._ fense ideAtifying the ..
description and/eF business to be GORGIUGted an the pmrai�.
Wall -Mounted Sign: A sign affixed directly to or painted on or otherwise inscribed on an
exterior wall and confined within the limits thereof of any building and which projects
from that surface less than twelve (22) Inches at all points.
Examples of Wall -Mounted Signs
NOTE: - ENTIRE
TABLE DELETED, MODIFIED & ADDED AT END OF SECTION 8.0.
8.2A Exempt Signs 8.3 Authorized Signs
Signs for which no sign permit is required are identifed in Table 8.26 and Section 8.3 andbestien
8.2.4herein. The following signs are exempt r.__ this Seetien 9.0 authorized in every district and
maybe installed upon receipt of a building permit (as needed), and shall not affect the
computation of allowable number of signs or aggregate size on a property, provided that the
following is complied with:
SIGN OOARn
ISI
.... . _ 1..11�
IFIEURINEIFIE1
Federaln T
publico
q
by and emGt8d by Town, State,
BF
SqUaFe feet n sign
Examples of Wall -Mounted Signs
NOTE: - ENTIRE
TABLE DELETED, MODIFIED & ADDED AT END OF SECTION 8.0.
8.2A Exempt Signs 8.3 Authorized Signs
Signs for which no sign permit is required are identifed in Table 8.26 and Section 8.3 andbestien
8.2.4herein. The following signs are exempt r.__ this Seetien 9.0 authorized in every district and
maybe installed upon receipt of a building permit (as needed), and shall not affect the
computation of allowable number of signs or aggregate size on a property, provided that the
following is complied with:
110
..._ _.. .._.._
......_.. ,........__.....
.... . _ 1..11�
Federaln T
publico
q
by and emGt8d by Town, State,
BF
SqUaFe feet n sign
aFea, Shall not be
plaGed in such leeaVOR
as to WRStIVAA 2 tFRfPP
OF
pedeStAaR safety h@ZaFd,
El 6ign5fGFGhUFGhesand..µ..._[..d..__
and shall net
be displayed fOF FARm
44e
110
during the appFopr ate season.
f 'A'AFlig of art which cent, n no rommArr a' messages w th pF or Town PlaRR2F OF CPDG WF tten
appFaval.
Q_ _Fyel_p, m 'nfn.mat a _ _ only as . _ _ red b State ._.. _. _ ........Pd ARA shall Rat .....,......,
marker,propert es OF from any Street Fight Of Way.
street addFeSS and/OF name 9f a
awfulhome oaa n Place takingn the premises
(Note: j, k, I, m, n, o, has been rearranged as noted below)
a Government signs in every zoning district which form the expression of this government when
erected and maintained according to law. Such signs may be installed or required to be
installed by the Town of Reading, the Commonwealth of Massachusetts, or Federal Agencies,
or with the express written permission thereof, and shall include the following:
I. Traffic control devices on private or public property must be erected and
maintained to comply with the Manual on Uniform Traffic Control Devices
(MUTCD) adopted in this state and if not adopted by this state, with the MUTCD
adopted by the Federal Highway Administration.
ii. Each property owner must mark their property using numerals that identify the
address of the property so that public safety departments can easily identify the
address from the public street. The size and location of the identifying numerals
and letters if any must be proportional to the size of the building and the distance
from the street to the building. In cases where the building is not located within
view of the public street, the identifier shall be located on the mailbox or other
suitable device such that it is visible from the street.
iii. Where a Federal, State, or Local law requires a property owner to post a sign on the
owners property to warn of a danger or to prohibit access to the property either
generally or specifically, the owner must comply with the Federal, State or Local
law to exercise that authority by posting a sign on the property.
iv. A flag that has been adopted by the Federal government, this State or the Town of
Reading may be displayed as provided under the law that adopts or regulates its
use.
b Instructional and Directional Signage that is unlit and either less than 1 square foot in area or
required by government regulation or entity.
c Signs on property occupied by religious or educational uses protected by M.G.L. Ch. 40A
Section 3 (Dover Amendment).
d Original Art Displays
e j Temporary"gn-fuetio gs Signs:
Temporary signs are permitted in all zoning districts as follows:
1. Each privately -owned property in Town shall be allowed during one (1) temporary sign
that is no more than six (6) square feet in area.
2. In addition to the one (1) temporary sign, the following may be allowed:
111
I On a site for which construction has not begun, but which has been issued a
building or demolition permit or has an approved site plan, one (1) additional
temporary sign not exceeding 32 square feet in area or 8 feet in any dimension may
be displayed for a period of up to 1 year. Upon written request and approval of the
CPDC the display period for a temporary Redevelopment sign may be extended.
II j On a site that is under active construction, where a demolition or building permit
has been issued and where at least site preparation work has commenced:
TeMPGFaFy u^A.. .. _ signs shallbe a . ed IaF sites, one (1)
additional temporary sign not begun GGR5tFUGtiGA,but have been ssued ^ buildin
,,. d....... peFmaveappFayean.maxmu�sizeof r.........._..
r...._tFWGt 8nrRedeyelapment Signs shall not exGeed exceeding 32 square feet in
surface area or dB 8 feet in any dimensionTempaFaFy Redevelopmem s gRs may be
displayed for a period of up to 1 year. appFaval of the
GPDC the display peFied for a 4:emp9QFV Redevelopment sign may be extended.
Temporary Construction signs shall be removed after the construction, repair or
renovation work is completed or within 7 days after the issuance of a final occupancy
permit.
a. @PPF. yed:......nnestisA with the Definitive PIRA.. s..... ..l .. bd': W eR and located
at 1he r ral �easement,
netwthiR
any stFeet Fight Of
nee the
. Real C Signs, insluding plaeaFds showing t6.a wnpd� -r'Wale
Pending! 9F s milaF not exceeding ene thiFd the s ze ef the sales sign.
iii Temporary OPER House signs, On a site for which a subdivision has been
constructed and is for sale through a licensed real estate agent, by owner, or
through advertising In a local newspaper of general circulation, one (1) additional
temporary sign not exceeding 48 square feet in area or 8 feet in any dimension may
be displayed. Temporary Real Estate signs for subdivisions shall be removed within
fifteen (15) days following the date on which a contract of sale has been executed.
iv On a site that is for sale through a licensed real estate agent, by owner, or through
advertising in a local newspaper of general circulation, one (1) additional
temporary sign not exceeding six (6) square feet may be displayed. Temporary Real
Estate signs shall be removed within fifteen (15) days following the date on which a
contract of sale has been executed.
v no On a day when a property owner is opening the property to the public, signs not
exceeding four (4) square feet each, may be placed at a rate of one peF agency (1)
sign per intersection per property and one (1) additional sign on the open house
property.
vl a "^•-^ 9;gnr For up to seven (7) days before and three (3) days after a
garage or yard sale, temporary signs not exceeding six (6) square feet may be
displayed. Such signs shall be limited to one (1) additional sign located on the
property on which the garage f or yard sale is taking place, and one (1) at each of no
more than two intersections of public streets.
vii For a period of time beginning 60 days before a Town of Reading municipal
election, a Commonwealth of Massachusetts election, or a federal election, and
112
ending two (2) days after the date of the election, there shall be no maximum
number of temporary signs permitted.
3. In addition to flags that are authorized under Section 83iv, one (1) flag shall be allowed
• AR ✓
feet
o_g with diMeRMORal mqUiFemenla
net to eed
few (4) fee! A sx ICI
and
• A Plational
may contain deGaFative graphics.
9F State Flag with emblems
..f Feliglous,..A .._
_
8FgaR
Eat BR OF any federally tax
exempt eFganizatien, exsept
when displayed iR
f...., (4)
• A miAimum
fent by six (6) feet
gFound GleaFanee ..f eight
(8) feet shalli A^A
f.., flags that hang
defined
and the
aq the dicta _ 6n........n the
n,A..A ly bela... ..
..
.._ O. .__. hanging c i'_..._..
_, ._»... 4eof the a
_
&2.58.4 Prohibited Signs, General
Ple pFivate sign shall be The following signs are prohibited in all zoning districts. See Section
8.5 Signs by Zoning District for specific prohibitions.
a Privately -owned signs installed or placed on public property, except by express
permission of the Town or as otherwise allowed herein. The iallewinn ,Inn, _m n,_l.'hitod
in any zoning diStF Gt;
b a Signs which interfere with traffic or pedestrian safety, including any which may obstruct
ea -int Ffefe With traffic or pedestrian visibility or movement at any intersection er, along
any public sidewalk, into or out of any property, or which by reason of pes:t:9R, shape, a
..nln, m_.. I^".,fnm with m • ebSt,..nt blinking, flashing, or animation by lighting in any
fashion can cause such signs to have the view appearance of,n• be confused - th an -It
autherized traffic sign, , nnl n, device; ..F Whi..L__Le,ICAAfthA ...,d, "ST 11o..
__ _theF n,a phFase symbol _ _l, safety signs and lights,
or municipal vehicle warnings from a nom^^^n• n.. :n.n.fn,n with mislead _ ..nnf _n
rnetedSts erpedesEtiansd istance.
c b Signs placed or painted on any tree (etheF thaA stm... _dd-ns, rock (etheF-than store
address), utility pole `n`r._„l.nn ..n,d ,n'_ ..lin`, traffic safety sign, or similar fixture;
painted on any building wall, bench, pavement, parking bumper or curb (etbertban-a
"Rese^•, or other similar outdoor surface.
d e Internally illuminated signs, unless the background or signboard completely blocks
illumination or glow except through the letters and graphics.
e d Sig s Flashing signs and signs which contain a beacon of any type; which contain a spot
light providing direct illumination to the public, which flash; revolve, rotate, move, or
blink, or which fluctuate in light intensity; and animated sign, that is, whieh use lighting
to depiet @L4 eR eF to �m-te an I-' -Men -f movement BF a special effect 9F scene.
f e Any self -illuminated or backlit signs which use LCD, LED, electronic messaging or digital
technology, neon or similar signs except as displayed on the inside of windows subject to
the provisions of Paragraph Subsection 8.2.62.e.5.1d.
113
g Intemally illuminated signs in a Business S Zen Re DiStFiCt (exeept as PeFMitted at pp., ce
stat OAS).
k Banners as permanent signs. a----•• -•- allewed only as -• `-
yea• f..• aA aRRUal t8talof 56 d.. with a sign peFMit, ...f...... Se4iGA 8,2 .6.2 A f... f
details
i Signs 'Beated eR any portion ef a !at exeept a 49M VaFd eF a side YaFd diFeetly abutting a
p .Armor
j SIORS WhiGh GIB Rat meet and we not maintained tA meet the PFUVIS GFIS of this Section
and •applieable building, WIFiAg, healih, and safes .....d..• a hick ..Fe AS, Reatly and
L.JA lettered.
k Reader Board Signs afe+Rot aNewed except as price displays at gas stations.
i I Balloons or tethered blimps used as signs, a movable poster or panel sign, umbrellas
containing any commercial message; er-signs attached to or painted on vehicles traveling
or parked on, or visible from any public right-of-way, unless such vehicle is used in the
normal day-to-day operation of a business.
j mOff-Premises Signs, withthe exception of temporarysigns.
k Billboards
1 Signs affixed on or above the roofline of a structure.
m Wind Flags and Feather Banners
n Signs that contain obscene matter.
8.2.68.5 Signs by Zoning District
Signs are -II...., -d OF n,.•_: tied in ea -A regulated by Zoning Districtaflcl a as specified in Table
8.2.3.6 and as follows:
8.2.6..2 8.5.1 Signs in Business and Industrial Zoning Districts
The following signs are allowed in all Business and Industrial Zoning Districts. In addition,
please refer to Table 8.2.3:6.
a During hours of operation, one (1) flag not exceeding four (4) feet by six (6) feet, with a
minimum ground clearance of eight (8) feet over walkways, sidewalks and entrances of a
business. Ground clearance shall be defined as the distance between the lowest hanging
portion or bottom of the flag and the grade directly below.
b a All awnings and canopies shall be impervious to light so that no Illumination or glow can
be seen through it. Awnings may contain letters up to four inches in height stating -only the
for a length not to exceed thirty-six inches
114
without requiring a sign permit. Such lettering shall not count toward allowed sign area. All
other awnings or canopies with lettering or graphics shall require a sign permit and count
as part of the allowed sign area. All awnings and canopies shall have a minimum ground
clearance of eight feet. Ground clearance shall be measured between the lowest point of
the awning or canopy and the ground or sidewalk.
c b Bulletin boards are allowed, provided that no free-standing or wall -mounted bulletin
board may exceed twelve square feet in size.
d c Window Signs .
Permanently affixed, weather resistant, individual letters that are not subject to wear and
tear are permitted on the exterior of the window. Window Signs on the inside surface of
the glass are encouraged. Temporary or permanent signs may without permit be attached
to the Inside of the glass surface of a window (a single structurally supported sheet of glass
or a sash) or door, or placed within the premises eleser-than within five feet frau[ of any
window or door and situated or designed so that the sign's graphic content is visible from
the outside through ao a window or door, provided that any such sign shall:
1 Be uniformly located only in thirty percent (30%) of the glass sheet or sash;
2 Contain no letters larger than eight (8) inches in height;
3 Be neat and professional in appearance and good SFdeF shall be maintained
at all times, Met he FaStFletedwith FeSpeCt tO FaPh> OF message eentent,
Fespeet to nMeHals;
4 Have a sign area not to exceed six (6) square feet if the sign is not
illuminated;
5 In addition to the above, any illuminated sign shall be placed only in a
window, and not in a door, and shall also:
a Have a sign area not to exceed four (4) square feet;
b Be placed no closer than ten feet from any other internally illuminated
window sign on the premises. In cases where there is a door or other
architectural break in the facade this buffer shall be reduced to seven (7)
feet;
c Be placed only in a window which contains no other signs of any type; and
be illuminated only during hours of operation of the business
establishment.
Notwithstanding the above, windew signs shall also be
d Be allowed in conformity with the pmvisions ef PaFaeRp Subsection
8.3 6d h5.le below.
e 8ireetienal Instructional and 'Rfffffiat anal signs displaying tem GAIV, RG
directional signs are allowed provided that
such signs shall be limited to wall and free-standing signs with a maximum
sign area of four square feet of per sign aay. One such sign, not
exceeding six (6) feet in height, may be placed at each vehicular entrance
or exit on a lotprovided such sign does
not constitute a traffic hazard; such signs shall not affect the computation
115
of allowable number of signs or aggregate sign size on a property. One
such sign, not exceeding six feet in height and four square feet of sign
area, may be placed in conjunction with each drive -up bank teller window
or machine provided that such sign shall not constitute a traffic hazard.
f Marquee signs are prohibited except when U68d'^ GGAJUAG128AWith an
displayed on a property housing a legally permitted indoor movie
theater and attached to the a lode -wall marquee of the building,
provided that the size of the marquee sign shall not exceed twenty-four
(24) square feet, and the bottom of the marquee sign shall not be of a
height of less than 8 feet above the grade directly below.
g OutdeeF menu Menu boards are prohibited except:
•As a peFtable sign with a With an A -Frame sign permit issued by the
Board of Selectmen..
• When used In located on a lot containing a
restaurant having a drive up window. No more than three menu
boards are allowed. The maximum aggregate sign area is 100 square
feet. No one menu board may exceed 50 square feet, Any lettering-;
and the Illumination shall not he legible fFem any Other project
beyond the property 9F aRy stmet Fight of way line.
diq4iC4q with A MRHiRl"M Sign 8Fea Of fGUF 5qU3Fe feet peF SigR iR aCCGFdanee with
Table 84.3.
e kTemporary signs inteadeel fA located on a lot containing a business openings and
that is sponsoring an opening or re -openings, open houses, and a special sales or
a promotional events f9F RR event, are allowed, provided that:
All temporary signs shall have recelved a sign permit from the Building
Inspector;
The individual business shall place no more than four (4) such signs per
calendar year for an annual total of 56 days (except in conjunction with an
organized "-•-.ew wide common special event as specified below);
No such sign shall exceed sixteen (16) square feet in sign area or thirty (30)
square feet in sign area for businesses that have a setback more than fifty
(50) feet from the primary street upon which the business is located;
Only one sign for each sponsored opening or reopening per business until
the property undergoes a change of use or change of ownership.
In cases where renovation or construction includes removal of permanent
signs, a temporary sign is allowed as follows:
• Dimensions shall be the same as allowed for temporary signs
116
Ma. be used as _ ^^.Mane^.. gn
May remain during construction provided the construction or
renovation is expeditiously pursued
• Must be removed upon the installation of the permanent sign
No such sign shall be placed so as to constitute a hazard to motorists or
pedestrians;
• If placed upon a window, any such sign shall be included in the
aggregate window area specified in Paragraph 8.2:6-l:. 5.1d above.
• A temporary sign may be used as a permanent sign if It meets the
requirements for a permanent sign in the zoning district in which it is
located.
• In the case only of common special events organized by a recognized
association of businesses for which events a license or Civic Function Permit
has been granted by the Board of Selectmen, an individual participating
business may display a temporary sign in eanjum4ien with sueh an EVeRt-,
pmvided that _ _h signs "' W " Said `._..._ _...... net exceed four
rte.
year. Grand epeRiRg events fer a new 191:161AeSS May diSpBy fGF fewteen (14)
..aflaw_, ba a_._ and Stmawe._ "._..dee they ia ...:ted that
..... moo..
..v yw.^. .'. .Iva
a.A W pede_.: an e_. hiG Aff .aftr and sight
• Non -illuminated temporary balloons and streamers are allowed provided
that they are mounted in a way that does not pose a hazard to pedestrian
or vehicular traffic and sight lines as determined by the Zoning
Enforcement Officer.
be Issue_ _IIsi. the P- _p_ , _ __ o___ _ eh ^o^
ewnersh7q _ _ _
• Banners are allowed only as temporary signs four times a year for an
annual total of 56 days with a sign permit.
f i Farm Stands and Garden Stands which do not have permanent windows shall be
allowed, without permit or limitation as to number or material, to display
temporary signs identifying goods offered for sale on the premises, provided that
such signs are kept in good order and that the aggregate total sign area of all such
signs on a lot shall not exceed one square -foot per lineal feet of frontage of such
lot. nen -R-n--mmemial flans may be displayed Fn.._
g } Clocks, not to exceed eight square feet in surface area per side or twelve feet in
height, are allowed, pFavided that they display no ad••ntinn n• eammeFe
mawFial.
h k Time Clocks and temperature -displays thermometers may be included in any free-
standing or wall sign, and no more than twelve additional square feet of sign area
may be added to the otherwise allowable sign area of such sign.
117
.. ..... . poriayssr.,zr><rrar,rmerer,Tramn�.
INM.MMI:fy�fNMiii�NMiNIMU�i�l�lMi!111FI:.
.- ..lN.........!QL---------------------
.. ..
.
--
WWI
8.5.1.1 Master Signage Plan -
In all Business and Industrial Zoning Districts, where a commercial building contains
more than one business requiring wall signage, the building owner may submit for
approval to the Community Planning and Development Commission (CPDC), a master
signage plan A _ emla...ewith the .....iF...._..r S_....._ 8.2.6.4.1. The Master Signage
Plan. At the owner's discretion, not every business within the building need be
provided with a wall sign within the proposed assemblage. So as to provide for change
in business occupancy which may occur within the building, the CPDC may -issue a
..d aEC.._A' T_A_O 7 6.......i.........
.o.. ..o....� .. _..........o ........._ ...�.... ..�...........v..b Wall"'..fi.`a -.oma
`••9'---9^-9 "-'^ the ` i.I d Rg This masteF'^--^^ plan will not consider the content of
any individual sign contained within the Master Signage Plan.
The Master Signage Plan shall show the size, placement, materials, framing, graphic and
design standards for each such sign and the assemblage thereof proposed within said
allowable maximum sign area, together with proposed lighting and methods of
attachment of all such signs.
Once the r-Ftifleat^ of A^-•^-=- -•• Master Signage Plan has been approved by the
CPDC, the Building Inspector shag may issue a sign permit for any individual business
sign if it conforms to the mastecsignage plan Master Signage Plan.
8.5.2 Signs in Business -A Zoning Districts
Refer to Table 8.6 for additional regulations relating to signs In the Business A Zoning Districts.
8.2,6.3 Allowed Sien lase �-gAed In T -hip RA
• Free -Standing
• Wall -Mounted
• Projecting
118
Internally or Externally Illuminated
Prohibited Signs - Specific to Business A (see also Section 8.4)
• A Peen standing and wall s n rn.
Single -tenant buildings Vk t or lots are not nwlti-tenant allowed to AllInternallyilluminated
signs shall have a r aelFgFou..A eF signbeasid that eempletely Weeks illumination eF glow suGh
that light is only visible through the lettens and CFaphqes6 All illuminated signs sh-11 he t 'FnPd
,ff at the -1,w -.�..n -` `••-'----. both a free-standing sign and a wall -mounted sign
• A Frame and Sandwich Board signs
Special Regulations
A lot or building which contains only one establishment shall be allowed one free-standing sign
9r OR one wall -mounted sign er OR one projecting sign only.
A lot or building which contains more than one establishment shall be allowed a maximum of
the following signs, all of which shall in every respect conform to the requirements of this
Section:
a One free-standing sign " n' f•`nn the nFnnn•ty Identification Sign, and
A One wall ..- n-. je6t:nn .:nn peF IaUgilless ae......y ng the ground 99OF and IlMROV-11..r
the A ding n..n..nt'n cases where the PFG : S nn - .A 1,..-.....aph 8.2.6.2.6 aFe
utiWed, and
h a /•nn hint Identification sign 1:sting the names and l..nas of the est -A `Y4.m-nt, nn
alapn8pFiate building Wall OF OR tWO Pests, pFavided that such jeint Went flgAtiAA
sign shall net One additional Identification Sign not to exceed four (4) square feet
in sign area, shat{ not to exceed eight (8) feet in height, and shag not be located
within a hent, side; eFrear Required Front, Required Side, or Required Rear yard as
regnired delineated in Subsection 6.0 hereat, and
c One wall -mounted or projecting sign per business occupying the ground floor and
front wall of the building, except in cases where a Master Signage Plan allowing
additional signage has been approved.
All Internally -illuminated signs shall have a background or signboard that completely blocks
Illumination or glow such that light is only visible through the letters and graphics. All
illuminated signs shall be turned off at the close of business.
8.2.648.5.3 Signs in Business -B Zoning Districts
All permanent signs in the Business B Zoning District require a Certificate of
Appropriateness (Subsection 8.5.3.1). Refer to Table 8.6 for additional regulations
relating to signs In the Business B Zoning Districts.
119
Allowed Signs
• Wall -Mounted
• Projecting
Awning
• Externally Illuminated
Halo -Lit
• A -Frame and Sandwich Board signs are permitted, but only upon receipt of an annual
permit from the Board of Selectmen.
Prohibited Signs fOF pm--Fties coRtaining moFp than --- ^hiQhPmP —Specific to Business
B (see also Section 8.4)
BaRHeFS as PPFManent signs
• Free -Standing (except as permitted at service stations or by special permit)
• Internally Illuminated
• Reader Board
Special Regulations
A lot or building which contains more than one business, may be granted a Certificate of
Appropriateness may be FaRted for more than one sign; and a maximum of the following
signs
Section:
a A business occupying the ground floor is allowed two (2) signs if one sign is a wall -
mounted sign and the second one is a projecting / blade sign, an awning sign, or a
wall -mounted sign that is located on a different building facade than the first wall -
mounted sign.
The allowable sign area for the primary sign is equal to 2 square feet per linear
feetage foot of the portion of lengthf the kept wall of the building occupied by
the establishment to which the sign relates in accordance with Table 8.2-3.6. The
secondary sign area shall not exceed half of the sign area allowed for the primary
sign
b Signage for businesses occupying the second floor may be allowed per a Master
Signage Plan submitted for review and approval by the CPDC in accordance with
Subsection 8.5.1.1 above.
120
C One joint identificatian Identification Sign is allowed listing the RaM^^ and ---s of
^ RhIi4hFAAAtR an the pFemis-- provided the following conditions are met:
• Shall be mounted on the building wall closest to the entrance
• Shall not exceed four (4) square feet in sign area
• Shall not exceed eight (8) feet in height
• Shall not project beyond the property line
8.5.3.1.&" Certificate of Appropriateness
Community Planning and Development Commission (CPDC)
The CPDC shall establish procedures for receiving and reviewing applications for
signs in the Business B Zoning District, and for providing written decisions to the
Building Inspector. The CPDC shall, in reviewing such applications, consider the
design, arrangement, location, texture, materials, colors, lighting, and other visual
characteristics of each proposed sign and its compatibility with its general
surroundings with regard to the purposes outlined in Paragraph Section 8.1.
If the CPDC shall refuse to issue a Certificate of Appropriateness for any proposed
sign or Master Signage Plan, it shall state in writing the reasons therefore, with
suggestions as to how the proposal may be modified so as to be approved.
If the CPDC shall fail to issue or refuse to issue a Certificate of Appropriateness
within font -five (45) days of the date of a completed application being submitted,
the Certificate shall be deemed to have been issued. An appeal from any decision
of the CPDC may be made within twenty days of such decision being filed with the
Town Clerk, to the Board of Selectmen, who may uphold, modify or overrule the
action of the CPDC and grant a Certificate of Appropriateness.'- «._.._S -S ••`0•PFGposed Signs aFe ineluded as PaFt Of Plans BPPFeyed Under Site Plan RA%-'PqN
-
121
In such cases where proposed signs are included as part of a Site Plan Review
(Section 4.6) or an application for a PRD Special Permit (Section 11.2), a separate
Certificate of Appropriateness shall not be required.
8.2.6:58.5.4 Signs in Business -C Zoning Districts
Refer to Table 8.6 for additional regulations relating to signs in the Business C
Zoning Districts.
The ^'.,,.-�..�-• wd Signs allowed in Business -C Zoning Districts are subject to the
corresponding provisions of Paragraph 8.5.2.345igns in Business A Zoning Districts.
R. AA Signs inlr."�.SWalZoningDktricts
Allowed Signs
• Free -Standing
Wall
Projecting
Internally or Externally Illuminated
Prohibited Signs -Specific to Business C (see also Section 8.4)
BaRReFs as peFmanent signs
A fFee MandiAg sign and Wall Sign liff buildings that are not Multi tPA@A
• Single -tenant buildings or lots are not allowed to have both a free-standing sign
and a wall -mounted sign
• in aAA's Of the .. af the
, o , Y logo
PF AGipal 96CUPaRt Of a
• A Frame and Sandwich Board signs
Special Regulations
A building located within eighteen hundred (1800) feet of the centerline of an
Interstate Highway may have an additional wall sign to be displayed between the top
course of windows and the parapet of such building provided that all the following
apply:
• the sign area not exceed fifty percent of the surface area described by the tops of
such windows, the parapet, and the wall corners
• that letters and logo contained in or constituting such sign shall not exceed eight
feet in height
122
that the lowest point of such sign shall not be closer than 48 feet above the
ground immediately below, shall Rot be III minawd hptwpen the
hOUFS of 11�90 p.m and sunrise, and that suel; 6" shall be lesated on the
building wall Most d1FeGtIVfaeing said highway.
that such sign shall not be illuminated between the hours of 11:00 p.m. and
sunrise, and
that such sign shall be located on the building wall most directly facing said
highway.
8,3.6.18.5.5 Signs in Industrial Zoning Districts
Refer to Table 8.6 for additional regulations relating to signs in the Industrial Zoning
Districts.
The allowed signs in the Industrial zoning •'-• Zoning Districts should conform to
the provisions of Section 8.2,65.4 for Signs in Business C Zoning Districts.
Allowed Signs
• Free -Standing
• Wall
• Projecting
Internally Illuminated
Prohibited Signs- Specific to Industrial Zones (see also Section 8.4)
• Single -tenant buildings or lots are not allowed to have both a freestanding sign
and a wall -mounted sign
• A Frame and Sandwich Board signs
Special Regulations
In conjunction with a PUD Special Permit to C-••4•••-• - P'----" Unit Develepment
YuJQ) granted in accordance with Section 11.1 heFeef, the Community Plan^'^•• and
OevelapmeRt Comm ssien (CPD(;) f the Zoning Bylaw, the CPDC mayrco -t•
Sebsectiea 8A., allow modifications to any provision of this Section B.O.
The CPDC may allow one additional free-standing sign, not to exceed thirty-five feet in
height or 144 square feet in sign area, in that portion of the PUD parcel's landscaped
perimeter buffer area most closely adjacent to Route 128 but not closer than 500 feet
123
from any other public street existing at the time of submission of a relevant
Preliminary PUD Plan.
8.3.6.2 Signs in-BPilo
Notwithstanding anything in this Section 8.20 to the contrary, signs are allowed or
permitted in a PUD only in accordance with Section 11.1.5.6. of these bylaws.
8.3•&88.5.6 Signs in Residential Zoning Districts
Refer to Table 8.6 for additional regulations relating to signs In the Residential
Zoning Districts.
Allowed Signs
• Wall
• Projecting
•
Decorative non-eemmercial banners or flags displayed on residential lots shall not
be construed as signs for purposes of this bylaw. 'A Gennection with any Spe�lal
. c.... .. Planned�Rpidpntlal.�. D-......,... (PRO) ... .. n.
d RVGA4iQtPAt with the PuFpases ef this Section as spee fied iR SubseEtiM 9.2.1.
Prohibited Signs—Specific to Residential Zones (see also Section 8.4)
• Internally Illuminated signs
• Free -Standing (except as allowed by special permit)
• A Frame and Sandwich Board signs
Special Regulations
In conjunction with a PRD Special Permit granted in accordance with Section 11.2,
the CPDC may allow modifications to any provision of this Section B.O.
8.5.6.1 Business or Commercial Signs In Residential Zoning Districts:
Legal nonconforming business or commercial operations in any residential zoning
district shall follow the Business B -Zoning District regulations as specified in
Subsection 8.5.3 except that such signs shall be set back a minimum of twenty
feet from any other lot and may be externally illuminated only during hours of
operation.
124
8.5.7 8.74 Removal of Defunct Signs
In the event a business, other than a seasonal business, ceases operations for a period
of time in excess of thirty days, the sign owner or lessee, or the property owner, shall
immediately remove any identification OF adveFfising of said business 8F ally ffeduet e
seMee said "^i^` .II associated signage. If the sign conforms to the provisions of this
Section, and if a permit has been requested within said thirty -day period for altering the
same sign in conformity with this Section to identify anew business in the same
location, such alteration shall be allowed. .�a..allge-'^ legeAd GA -- • J'-- --• SigR shall
8.5.8 8.7.8 Nonconforming Signs
Its Should any nonconforming sign be damaged by any means to an
extent of more than fifty percent of its replacement cost at the time of damage, it shall
not be reconstructed except in conformity with the provisions of this Section 8.2.
8.5.9 „g.9 Signs by Special Permit
The CPDC may grant a Special Permit for a free-standing sign within the side setbacks
identified In Table 8.2:3:6 or See 2. Table 6.3 if it finds that the sign complies with
the purposes of this by law, Section 8.0, that abutting properties are not unreasonably
impacted by the sign placement, and that the sign G--'^•^-'- all etheF Fespect,with
•"`----"c attention`- Seetien St 3 9 a FegaFdin0 will have no detrimental
impact on traffic and pedestrian safety.
a The CPDC may grant a Special Permit for a free-standing sign in the Business -B or
Residential Zoning Districts if it finds that the sign complies with the PUFPGSes 0 this
bylaw, abutting properties are not unreasonably impacted by the sign placement, and
there -is that the sign will have no negative detrimental impact on traffic and pedestrian
safety. The CPDC may consider the following items when reviewing the Special Permit
requesycensideratiens-fer: the character of the surrounding neighborhood; the
principal use of the property or business; the location of the parking; landscaping in the
front yard setback; and the presence of other signs on the property.
INSERTED REORGANIZED, RE -WORDED TABLE:
125
Government Signs & Flags
N
NA
NA
NA.
NA
NA
Signs on Properties with
N
NA
NA
NA
NA
NA
Uses Protected under M.G.L.
Ch. 40A, §3
Unlit Instructional Signs
N
1
NA
NA
NA
NA
Unlit Identification Signs
N
1
8(a)
NA
NA
NA
Original Art Displays
N
NA
NA
NA
NA
NA
Temporary Signs, All Zoning Districts:
First Temporary Sign
N
6
NA
NA
NA
1/Lot
NA
Site w/Active Building or
Demo Permit or Site Plan
N
32 (4x8)
NA
NA
20
+1/Lot
1 year (b)
Approval
Site w/Active Building or
Demo Permit, Under Active
Construction, Where Site
N(i)
32 (4x8)
NA
NA
20
+1/Lot
1 year (b),
Preparation has
(c)
Commenced
Site having Subdivision or
+1/Subdivision or
ANR Lots for Sale
N(i)
48(6x8)
NA
NA
NA
ANR
(d)
Endorsement
Site For Sale
N(i)
6(h)
6
NA
NA
+1/Lot
(d)
Day of Open House
N
4
NA
NA
NA
+1/Lot &+Zrntersection
Sday
+1/Lot & +1 for
7 days
Site w/Garage Sale
N
6
NA
NA
NA
each of 2
before & 3
Intersections
days after
Municipal, State or Federal
60 days
Election -
N
NA
NA
NA
NA
No Maximum
before & 2
days after
Other Flag
N
NA
NA
NA
NA
1
NA
Business -A, Business -C and Industrial Zoning Districts:
Free -Standing
Y
I 50(e)
20 0 20(k)
1/Lot(m)
Wall -Mounted
Y
2/4(g)
(a) NA 30
1/business(m)
Projecting / Blade
Y
8
Wo) NA 10
1/business (m)
Banners and Pennants
Y
NA
NA NA NA
NA
56 days
Temporary Flag
y
24 (4x6)
Ground clearance of 8 feet
1/business
Hours of
required.
operation
Temporary Business Sign
Y
16 or 30
See Section 8.5.1e
4/year
56 days
Special Event Sign
Y
NA
See Section 8.5.1e
4/year
14 days
Must be ooaaue. Letters may not
126
`SF) Height Front Side Number Display"..
(feet) (feet) . '. (feet) Period
Business -A, Business{ and Industrial Zoning Districts, CoFWd:
Other Awnings & Canopies Y Letters greater than 4" In height will count toward sign area.
Ground clearance of 8 feet required.
Bulletin Boards
N
Maximum of 12 SF allowed.
Window or Door Signs
N
See Section 8.5.1d
Clocks
May not exceed 8 SF per side or 12 feet in height.
Clocks / Thermometers as
part of sign
May be included as part of a free-standing or wall -mounted sign. May not
add more than 12 SF of additional area to sign.
Farm/Garden Stand Sign
N
See Section 8.5.1f
Business -B Zoning Districts:
A -Frame
Y
Regulated by the Board of Selectmen—Annual Permit
Wall -Mounted
Y
2(f)
(a)
0
0
2/business
Projecting/Blade
Y
8
(a)(j)
-4
0
1/business
Free -Standing by SP
SPP(I)
35(e)
10.5
0
20
1/Lot
Free -Standing
(Service Stations only)
Y
35
14
0
20
1/Lot
Banners and Pennants
y
NA
NA
NA
NA
NA
56 days
Temporary Flag
Y
24 (4x6)
Ground clearance of 8 feet
required.
1/business
Hours of
operation
Temporary Business Sign
Y
16 or 30
See Section 8.5.1e
4/year -
56 days
Special Event Sign
Y
NA
I See Section 8.S.le
4/year
14 days
Awnings & Canopies
N
Must be opaque. Letters may not exceed 4" in height or 36" in length.
Other Awnings & Canopies
Y
Letters greater than 4" in height will count toward sign area.
Ground clearance of 8 feet required.
Bulletin Boards
N
Maximum of 12 SF allowed.
Window or Door Signs
N
See Section 8.5.1d
Clocks
May not exceed 8 SF per side or 12 feet in height.
Clocks / Thermometers as
partof sign
May be included as part of a free-standing or wall -mounted sign. May not
add more than 12 SF of additional area to sign.
Farm/Garden Stand Sign
N
Total of all signs may not exceed 1 SF/linear foot of lot frontage.
Residential Zoning Districts:
Wall -Mounted & Projecting
Signs
See Section 8.5.6
Free -Standing by SP
SPP
No parametersspecified.
Banners or Flags
N
No parameters specified. Do not count towards sign area.
Signs associated with Legal
Business or Commercial
Operations
Shall comply with Business B Zoning District Sign regulations. Shall be set back at least
20' from adjacent lots. Shall be illuminated only during hours of operation.
127
NOTES:
a No portion of such Sign shall extend higher than the bottom of the sills of the windows
of the second floor of a building or higher than the lowest portion of the eaves or, in the case
of a gabled wall, no higher than a line equal in Height to the lowest portion of the lower eave
of any adjoining Building wall, whichever of the above is lowest.
lo With the approval of the CPDC, such display period may be extended.
C Such Sign shall be removed after the construction, repair, or renovation work is
completed or within seven (7) days after the Issuance of a final occupancy permit.
d Signs shall be removed within fifteen (15) days following the date on which the final
contract of sale has been executed.
e In cases where more than one business occupies a Lot, the Sign may be a maximum of i
square feet in Sign Area.
If If the facade on which the sign is mounted is less than 100 feet from the centerline of
the street which the sign faces, the maximum sign area shall be equal to 2 square feet per
linear foot of said facade occupied by the establishment to which the sign relates; if such
distance is more than 100 feet, the maximum sign area shall be equal to 4 square feet per
linear foot of said facade so occupied.
q No Wall -Mounted Sign for a non-residential establishment shall exceed a Sign Area equ
to 2 square feet per linear foot of length of the front Facade of the Building occupied by the
establishment to which the Sign relates.
h On a site in an Industrial Zoning District that is advertised for sale or listed through a
licensed real estate agent, one (1) additional Temporary Sign is allowed per business with a
maximum Sign Area equal to 2 square feet per linear foot of the, Building Facade occupied by
the business to which the Sign relates.
1 Only as shown on a Plan approved by the CPDC
J Projecting/Blade Signs shall be at least eight (8) feet from the ground and may project nc
more than four (4) feet from the structure.
k A Special Penult may be granted by the CPDC
1 Free -Standing Signs shall be permitted only where the principal business entrance is
located more than 40 feet from the centerline of the street in front of the Lot. The CPDC may
waive the 40' business entrance Setback requirement for Signs in existence as of the effective
date of this amendment. See Subsection 8.5.9.
m Single -tenant Buildings or Lots are not allowed to have both a Free -Standing Sign and a
128
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 14,
2016, 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 thiQ0 m day of {X w�' 2016.
Joh . Hal, C airman
evin Se)don, V& ChNftan
SELECTMEN OF READING
cmas asConstable
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CONDUCT OF TOWN MEETING
Reading's Town Meeting is conducted In accordance with the rules set down in Article 2 of the
Charter and the General Bylaws. Although Town Meeting Time Third Edition is the basic source,
a Town Meeting Member need only be familiar with what is contained in the Charter. These
notes are intended to outline the major points all Town Meeting Members should know, and
which by knowing will make Town Meeting more understandable.
Oroanization
• 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 Plannino 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 Meetine
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 avote. This is generally the main motion, or the most recent
146
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.
Subject 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
147
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 Meeting Business Sessions
All business of the Annual Town Meeting, except the election of such Town officers and
the determination of such matters are required by law to be elected or determined by
ballot, shall be considered at an adjournment of such meeting to be held at 7:30 PM on
the fourth Monday in April, except If this day shall fall on a legal holiday, in which case
the meeting shall be held on the following day or at a further adjournment thereof.
2.1.4 Subsequent Town Meeting
A Special Town Meeting called the Subsequent Town Meeting shall be held on the
second Monday in November, except if this day shall fall on a legal holiday, in which
case the meeting shall be held on the following day. The Subsequent Town Meeting
shall consider and act on all business as may properly come before it except the
adoption of the annual operating budget.
2.1.5 Adioumed Town Meetina 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.
2.1.6 Postina of the Warrant
The Board of Selectmen shall give notice of the Annual, Subsequent or any Special
Town Meeting at least fourteen (14) days prior to the time of holding said meeting by
causing an attested copy of the warrant calling the same to be posted in one (1) or more
public places in each precinct of the Town, and either causing such attested copy to be
published in a local newspaper or providing in a manner such as electronic submission,
holding for pickup, or mailing, an attested copy of said warrant to each Town Meeting
Member.
2.1.7 Closina of the Warrant
All Articles for the Annual Town Meeting shall be submitted to the Board of Selectmen
not later than 8:00 PM on the frfth (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 (7th) Tuesday preceding the
Subsequent Town Meeting in which action is to be taken, unless this day is a holiday in
which case the following day shall be substituted.
2.1.8 Delivery of the Warrant
The Board of Selectmen, after drawing a Warrant for a Town Meeting, shall immediately
deliver a copy of such Warrant to each member of the Finance Committee, the
Community Planning and Development Commission, the Bylaw Committee and the
Moderator.
2.2 Conduct of Town Meetina
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.
LEE
Rule 2 All articles on the warrant shall be taken up in the order of their arrangement in
the warrant unless otherwise decided by a majority vote of the members present
and voting.
Rule 3 Prior to debate on each article in a warrant involving the expenditure of money,
the Finance Committee shall advise Town Meeting as to its recommendations
and the reasons therefore.
Rule 4 Prior to a debate on each article in a warrant involving changes in the bylaw or
Charter, petitions for a special act, or local acceptance by Town Meeting of a
State statute, the Bylaw Committee shall advise Town Meeting as to its
recommendations and reasons therefore.
Rule 6 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 tospeakupon 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 fight to speak, but not to vote, as Town Meeting
Members on all matters relating to their official bodies.
Rule 10 No speaker at a Town Meeting shall be interrupted except by a Member making
a point of order or privileged motion or by the Moderator.
Rule 11 Any person having a monetary or equitable interest in any matter under
discussion at a Town Meeting, and any person employed by another having such
an interest, shall disclose the fact of his interest or his 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
149
shall appoint tellers to make and return the count directly to him. On request of
not less than twenty (20) members, a vote shall be taken by roll call.
Rule 14 All original main motions having to do with the expenditure of money shall be
presented in writing, and all other motions shall be in writing if so directed by the
Moderator.
Rule 15 No motion shall be received and put until it is seconded. No motion made and
seconded shall be withdrawn if any Member objects. No amendment not relevant
to the subject of 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 18 The previous question shall be put in the following form or in some other form
having the same meaning: "Shall the main question now be put" and until this
question is decided all debate on the main question shall be suspended. If the
previous question is adopted, the sense of the meeting shall immediately be
taken upon any pending amendments in the order inverse to that in which they
were moved, except that the largest sum or the longest time shall be put first and
finally upon the main question.
Rule 19 The duties of the Moderator and the conduct and method of proceeding at all
Town Meetings, not prescribed by law or by rules set forth in this article, shall be
determined by rules of practice set forth in "Town Meeting Time Third Edition'
except that to lay on the table shall require a majority vote.
2.2.2 Attendance by Officials
It shall be the duty of every official body, by a member thereof, to be in attendance at all
Town Meetings for the information thereof while any subject matter is under
consideration affecting such official body.
2.2.3 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, it shall be deemed to be received, and a vote to accept the same shall
discharge the committee but shall not be equivalent to a vote to adopt it.
2.2.4 Motion to Reconsider
150
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 or State Law Affecting Reconsideration
The foregoing provisions relating to motions to reconsider shall not apply to any
such motion made by the Board of Selectmen and authorized by the Moderator
as necessary for the reconsideration of actions previously taken by Town
Meeting by reason of State or Federal action or inaction or other circumstances
not within the control of the Town or Town Meeting. In the event such a motion to
reconsider is made and authorized, said motion may be made at any time before
the final adjournment of the meeting at which the vote was passed, said motion
may be made even if the vote was already reconsidered or was the subject of a
vote not to reconsider, and reconsideration may be ordered by a vote of two-
thirds (2/3) of the Members present.
2.2.4.3 Posting and Advertising
Notice of every vote to be reconsidered at an adjourned Town Meeting shall be
posted by the Town Clerk in one (1) or more public places in each precinct of the
Town as soon as possible after adjournment, and he shall, if practicable, at least
one day before the time of the next following session of said adjourned meeting,
publish such notice in some newspaper published in the Town. Said notice shall
include the vote to be reconsidered and the place and time of the next following
session of said adjourned meeting. The foregoing notice provisions shall not
apply when a motion to reconsider any Town Meeting action is made publicly at
Town Meeting before the adjournment of any session of any adjourned Town
Meeting.
2.2.6 State of the Town
The Selectmen shall, at each Annual Town Meeting, give to the Members information on
the "State of the Town."
2.2.6 Annual Precinct 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. Chainmen shall serve no more than six (6) consecutive years in that
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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 with supporting evidence and
rationale to Town Meeting.
2.2.7.3 Grouped by Precinct
The names of the Members subject to removal in accordance with Section 2-6 of
the Charter shall be grouped by precinct in the warrant article required by said
section.
2.2.8 Meetings During Town Meeting
No appointed or elected board, committee, commission or other entity of Town
government shall schedule or conduct any hearing, meeting or other function during any
hours in which an Annual, Subsequent or Special Town Meeting is in session or is
scheduled to be in session. Any such board, committee or commission which schedules
or holds a meeting or hearing on the same calendar day, but at a time prior to a session
of Town Meeting, shall adjourn or recess not less than five (5) minutes prior to the
scheduled session of Town Meeting.
Any board, committee or commission may, at the opening of any session of Town
Meeting, present to that Town Meeting an instructional motion requesting an exemption
from this bylaw and asking that Town Meeting permit it to meet at a date and hour at
which a future session of Town Meeting is scheduled, and may present reasons for
Town Meeting to give such permission. Notwithstanding the foregoing, any board,
committee or commission which meets the requirements of M.G.L. Chapter 39, Section
23B concerning emergency meetings may, upon meeting such requirements, conduct
such a meeting or hearing at a time scheduled for a Town Meeting.
2.2.9 Rules Committee
The members of the Rules Committee, established under Section 2-12 of the Charter,
shall hold an annual meeting within thirty (30) days after the adjournment of the Annual
Town Meeting for the purpose of electing a Chairman and a Clerk and to conduct
whatever business may be appropriate. Additional Rules Committee meetings may be
called by the Chairman.
In the absence of a Chairman, the Moderator shall convene a meeting of the Rules
Committee within sixty (60) days after a vacancy for the purpose of electing a new
Chairman.
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FAX: (781) 942-9070
Website: www.readingma.gov
Town of Reading
16 Lowell Street
Reading, MA 01867-2685
Town Meeting Handout Guidelines
TOWN CLERK
(781) 942-9050
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 / Committee / Town Department must include the following:
o Article name and number
o Name of Town Board / Committee / Commission or Town Department
o Date the document was created
o Contact Information
o Approval of Town Clerk's Office
Materials that are prepared by petitioners or other voters must include the following:
o Article name and number
o Contact information of person who created handout
o Date the document was created
o Approval of Town Clerk's Office
All handouts:
• Must contain facts only unless specifically stating "This is the opinion of_"
• Should be on white paper only
• Should be double -sided copies if more than one page
• May be distributed only by giving adequate copies for all Town Meeting members (192) to the
Town Clerk or designee by 6:30 PM on the night in which the subject article will be discussed
• All handouts not approved will be removed and recycled
• All handouts not disMbuted 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
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