HomeMy WebLinkAbout2015-11-09 Subsequent Town Meeting WarrantCOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Retum, Reading:
By virtue of this Warrant, I, on September 2Z 2015 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 9, 2015, the date
set for Town Meeting in this Warrant.
I also caused a posting of this Warrant to be published on the Town of Reading website on
September 22
ThomasFreeman Jr , Constable
A true copy Attest:
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 9, 2015, at seven -thirty o'clock in the evening, at
which time and place the following articles are to be acted upon and determined exclusively by
Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter.
ARTICLE 1 To hear and act on the reports of the Board of Selectmen, School
Committee, Library Trustees, Municipal Light Board, Finance Committee, Bylaw Committee,
Town Manager, Town Accountant and any other Town Official, Board or Committee.
Board of Selectmen
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
ARTICLE 3 To see if the Town will vote to amend the FY 2016-26 Capital
Improvements Program as provided for in Section 7.7 of the Reading Home Rule Charter and
as previously amended, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 4 To see if the Town will vote to raise and appropriate, transfer from
available funds or otherwise provide a sum or sums of money to pay bills remaining unpaid from
prior fiscal years for goods and services actually rendered to the Town, or take any other action
with respect thereto.
Board of Selectmen
ARTICLE 5 To see if the Town will vote to amend the Town's Operating Budget for
the Fiscal Year commencing July 1, 2015, as adopted under Article 20 of the Annual Town
Meeting of April 27, 2015; and to see if the Town will vote to raise and appropriate, borrow or
transfer from available funds, or otherwise provide a sum or sums of money to be added to the
amounts appropriated under said Article, as amended, for the operation of the Town and its
government, or take any other action with respect thereto.
Finance Committee
ARTICLE 6 To hear the report of the Board of Selectmen relative to the laying out of
the following named streets under the provisions of Chapter 82 of the Massachusetts General
Laws, and to see if the Town will vote to accept such streets as and for public ways and to
authorize the Board of Selectmen to acquire by gift, purchase or eminent domain any land or
interest in land necessary for such laying out, and act on all manners relating thereto:
Cory Lane, from Zachary Lane to dead end
Pondview Lane, from Fairchild Drive to dead end
Roma Lane, from Sanborn Lane to dead end
Sailor Tom's Way, from Franklin Street to dead end
Causeway Road, from Lowell Street to dead and
Dividence Road, from Franklin Street to Emerson Street
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 7 To see if the Town will vote to amend Section 1.0 of the Zoning Bylaws as
follows (Bold represents language to be inserted and crossed -out language is to be
deleted):
1.0 PURPOSE
This Bylaw has been adopted to govern uses of land; the size, height, bulk, location
and use of structures, buildings and signs; and for all of the other purposes set forth
in, but not limited by, Section 2A of Chapter 808 of the Acts of 1975:
a To promote the health, safety and general welfare of the inhabitants of the Town of
Reading;
b To lessen congestion in the streets;
e To conserve health;
d To secure safety from fire, flood panic, congestion and other dangers;
e To provide adequate light and air;
# To prevent over -crowding of land;
g To avoid undue concentration of population;
h To encourage housing for persons of all income levels;
i To facilitate the adequate provisions of transportation, water, water supply, drainage,
sewerage, schools, parks, open space and other public requirements;
I To conserve the value of land and buildings, including the conservation of natural
resources and the prevention of blight and pollution of the environment;
k To encourage the most appropriate use of land throughout the Town of Reading,
including consideration of the recommendations of comprehensive plans adopted by
Town Meeting; and
I To preserve natural conditions and historic sites and to enhance beauty and amenities.
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 8 To see if the Town will vote to amend the Zoning Bylaws by
(1) Deleting Commercial Communication Structures from Section 2.0;
(2) Adding in appropriate alphabetical order, a new definition to Section 2.0 as follows:
Personal Wireless Service Facility (PWSF)—All equipment, including Repeaters, with which a
Personal Wireless Service Provider broadcasts and receives the radio-frequency waves which
cant' their services, and all equipment, appurtenances and structures, including towers, relating
thereto.
(3) Revising Section 5.3.1 and Section 5.3.2 Table of Uses to allow PWSFs by Special
Permit through the CPDC in every zoning district and delete Commercial
Communications Structures in Section 5.3.1 and Section 5.3.2 Table of Uses.
(4) Deleting in its entirety Section 5.6.3 Commercial Communications Structures and
replace with a new Section 5.6.3 Personal Wireless Service Facilities, as follows:
Personal Wireless Service Facilities (PWSFs)
5.6.3. Applicability. No PWSF shall be erected, installed or modified except upon issuance of a
special permit in compliance with the provisions of this bylaw, whether the PWSF is considered
a principal use or an accessory use.
5.6.3.1. Preferences—Siting and Facility Type.
A. PWSF Siting. A PWSF may be permitted within any district by Special Permit,
subject to the purposes and standards established in this bylaw. The following list of
allowable PWSF Locations is presented in order of preference.
1. First Preference: A site located entirely within an Interstate Highway right-of-
way.
2. Second Preference: A site located entirely within an Industrial zoning district.
3. Thins Preference: A site located entirely within a Business (Bus A and Bus C)
zoning district.
4. Fourth Preference: A site located within the Residential S-15, S-20, S-40, A-
40, A-80 or within the Business B zoning districts.
B. PWSF Installation Types: The following list of PWSF Installation Types is presented
in order of preference.
1. First Preference: The following PWSF Installation Types are of equal
preference to one another:
a. PWSF Collocation. A new PWSF may Collocate on any existing
PWSF to the extent that such Collocation is found by the CPDC to be
consistent with the purposes and standards established in this bylaw.
b. PWSF on Existing Electrical Utility Infrastructure. A PWSF may
Collocate on existing electrical utility infrastructure such as utility poles or
streetlights using unobtrusive architectures such as Distributed Antenna
Systems (DAS). With respect to the use of utility poles, Collocation on
existing electrical utility poles (and replacements thereof) is preferred
above the installation of new electrical utility poles in public/private ways.
In neighborhoods with underground electrical utilities, pole -mounted
PWSF on existing electrical utility infrastructure are discouraged in favor
of less visually obtrusive alternatives, such as placing a small antenna
installation on existing electrical utility poles on a nearby street.
c. Other Implementations, A PWSF may be located using innovative
alternatives that are in keeping with the purpose and intent of this Bylaw
and that may become available after the adoption of this Bylaw.
2. Second Preference: PWSF Site Sharing. A new PWSF may share the same
parcel with existing PWSFs, to the extent that such site -sharing is found by the
CPDC to be consistent with the purposes and standards established in this
bylaw.
3. Third Preference: A new PWSF installation on any existing structure, to the
extent that such installation is found by the CPDC to be consistent with the
purposes and standards established in this bylaw.
4. Fourth Preference: PWSF involving a new antenna tower. PWSFs which
require the construction of a new antenna tower are least on the order of
preference.
5. Waiver of Preferences. The CPDC may waive the preference orders
designated for siting and types of PWSF pursuant to Section 5.6.3.1.A upon a
finding that the siting at a location of lesser preference, or the installation of a
PWSF type of lesser preference, would achieve a result more consistent with the
purposes and standards established in this bylaw.
5.6.3.2. General Special Permit Requirements.
A. Use. PWSFs shall only be employed for the purpose of delivering wireless services
to subscriber devices or supporting public safety communications, and shall not be used
for storage, office, manufacturing, repair, or other activities unless separately permitted
for such other activities.
B. Demonstration of need.
1. Need for service. The applicant must demonstrate the service objectives in
the Town of Reading that the proposed PWSF will address in whole or in part.
Such demonstration shall include:
a. Substantial written evidence including technical documentation
demonstrating that there is a substantial deficiency in the applicant's
provision of service to the Town of Reading which fails to satisfy the
service objectives;
b. detailed information about all existing and pending PWSFs regardless
of ownership, control or the jurisdiction in which they are located, and
associated coverage maps;
c. information about terrain, vegetation and land use within the proposed
coverage area;
d. estimates with supporting documentation of the number of mobile and
stationary subscribers affected by the claimed substantial deficiency;
e. network performance factors; and
f. other information relevant to the Applicant's service objectives, or as
may be required by the CPDC.
2. Need for location. The applicant must provide substantial written evidence
including clear documentation showing how the improved service to the Town of
Reading that applicant seeks could not be provided by utilizing one or more
altemative locations of higher preference as described in Section 5.6.3.1.A or,
altematively, how the proposed PWSF achieves a better result as described in
Section 5.6.3.4.C.
3. Availability of alternatives. The CPDC, at its discretion, may require the
applicant to consider specific potential alternatives at any level of the hierarchy in
Section 5.6.3.1.A, if the CPDC determines that such locations may better achieve
the purposes established in this bylaw.
C. Visual Guidelines. The construction, erection, installation and/or placement of all
PWSF shall be reviewed by the CPDC within the public hearing process based on the
following visual guidelines:
1. Concealment. To the maximum extent practicable, PWSFs shall conceal
equipment, cables, and antennas within architectural surfaces that are ordinary
and consistent with the context of the PWSF within the Town of Reading
environs, such as steeples, concealed -antenna monopoles, flagpoles,
smokestacks, faux chimneys and cupolas.
2. Screening, Camouflage and Landscaping. Wherever possible, PWSF shall
be sited so as to minimize the visibility of such devices from adjacent property
and shall be suitably screened from abutters and residential neighborhoods.
Where elements of a PWSF will be visible to residential parcels and public or
private ways, PWSFs shall employ screening and/or camouflage methods that
are consistent with the context of the surrounding area such as fencing,
vegetation, and paint color or patterns to match underlying surfaces in order to
mitigate any undesirable visual bulk and distraction. Installation of free-standing
PWSF shall minimize the removal of trees and other existing vegetation.
3. Scale. The visual characteristics of a PWSF shall be minimized with respect
to being unreasonable in scale, such as a dominant or looming visual
experience, disproportion to the site and its surroundings, or undesirable
shadowing impacts.
4. Color. Free-standing, wall mounted and roof -mounted devices may be
required to be painted or otherwise colored or finished in a manner which
aesthetically minimizes the visual bulk of the devices to the surrounding
landscape or on the building or structure to which they are attached.
5. Signs. There shall be no advertising permitted on or in the vicinity of PWSF.
There shall be a sign not exceeding four square feet in area at each PWSF which
shall display a phone number where the responsible party for the maintenance of
the PWSF may be reached on a 24 hour basis.
6. Lighting. Outdoor lighting of PWSFs shall be limited to that which is necessary
for security and temporary maintenance at the discretion of the CPDC. PWSFs
that are required to be marked and lighted for air navigation safety are
discouraged.
7. Maintenance. The visual characteristics of a PWSF shall be maintained,
repaired and replaced as necessary and as an ongoing condition of compliance
to retain the characteristics approved by issuance of a special permit.
8. Prohibitions. The following are specifically prohibited:
a. Lattice style antenna towers and facilities requiring three or more legs
and/or guy wires for support; and
b. Fences utilizing razor wire or barbed wire or similar wire types.
D. Height:
1. Height General
Regardless of the type of mount, a PWSF shall be no higher than ten feet above
the average height of buildings within 300 feet of the proposed facility. In
addition, the height of a PWSF shall not exceed by more than 10 feet the height
limitations of the zoning district in which the facility is proposed to be located,
unless the facility is completely camouflaged such as within a flagpole, steeple,
chimney, or similar structure. Wireless service facilities may locate on a building
that is legally non- conforming with respect to height, provided that the facilities
do not project above the existing building height.
2. Height, Ground -Mounted Facilities
Ground -mounted wireless service facilities shall not project higher than ten feet
above the average building height or, if there are no buildings within 300 feet,
these facilities shall not project higher than ten feet above the average tree
canopy height, measured from average grade level. If there are no buildings
within 300 feet of the proposed site of the facility, all ground -mounted wireless
service facilities shall be surrounded by dense tree growth to screen views of the
facility in all directions. These trees may exist or may be planted on site.
3. Height, Side -and Roof -Mounted Facilities
Side -and roof -mounted wireless service facilities shall not project more than ten
(10) feet above the height of an existing building or structure nor project more
than ten (10) feet above the height limit of the zoning district within which the
facility is located.
4. Height, Preexistent Structures (Utility)
New antennas located on any of the following structures existing on the effective
date of this bylaw shall be exempt from the height restrictions of this bylaw
provided that there is no increase in height of the existing structure as a result of
the installation of a wireless service facility: Water towers, guyed towers, lattice
towers, fire towers and monopoles.
E. Setbacks:
All wireless service facilities and their equipment shelters shall comply with the
building setback provisions of the zoning district in which the facility is located. In
addition, the following setbacks shall be observed.
1. In order to ensure public safety, the minimum distance from the base of any
ground -mounted wireless service facility to any property line, shall be 1.5 times
the height of the facility/mount, including any antennas or other appurtenances.
This set back is considered the "fall zone".
2. In the event that a preexistent building or structure is proposed as a mount for
a wireless service facility, the setback provisions of the zoning district shall apply.
In the case of the preexistent non -conforming structures, wireless service
facilities and their equipment shelters shall not increase any non -conformity.
3. Additional Required Setbacks. In all districts, PWSFs shall be placed no
closer than 3 times the height of the Antenna above grade to an existing school,
Child Care Facility, Nursing or Convalescent Home, or an Assisted Living
Facility.
5.6.3.3. Application Procedures.
A. Preliminary Review. Applicants are strongly encouraged to contact the Town Planner
to initiate a dialogue well before final site selection and detailed application development.
The Preliminary Review is intended to:
1. Provide the Applicant with the opportunity to discuss and clarify Zoning
Bylaw requirements and CPDC Site Plan Review Guidelines and
Regulations (adopted by the CPDC pursuant to Section 4.6.1.2) relevant
to the Applicant's prospective PWSF proposal; and
2. To review general concepts related to the PWSF and alternative
means of implementation to determine the CPDC's preferences.
B. Special Permit and Site Plan Approval. No PWSF, whether itself a principal use of a
lot or as an accessory use to a communication facility, shall be constructed without a
Special Permit having been granted by the CPDC. The CPDC may grant a Special
Permit in accordance with the provisions of this Section and Section 4.4. Nothing in this
section is intended to exempt PWSF from the requirement to receive Site Plan Approval
pursuant to Section 4.6.
C. Consultant Review. When considering an application for a PWSF, the CPDC may
determine the need for the assistance of a consultant technical expert in matters
involving the placement, construction and modification of PWSFs, under the Zoning
Bylaw and the Telecommunications Act of 1996, at the Applicant's expense pursuant to
G.L. c. 44 s. 53G. To make the most productive use of the limited time authorized by the
Federal Communications Commission (FCC) to hear the application, the CPDC may at
its discretion engage a consultant immediately upon receipt of an application.
5.6.3.4. Decision.
A. Required Findings. To approve a Special Permit for a PWSF, the CPDC must make
the following findings:
1. That the Applicant or co -Applicant has:
a. demonstrated that it is a Personal Wireless Services provider in the
Town of Reading area, and has sufficient ownership or leasehold interest
in the proposed site to construct the PWSF;
b. provided written assent to the Town that the Applicant will allow Site -
Sharing, to the extent reasonably practicable and that is appropriate for
the site and surroundings, in a reasonable and nondiscriminatory manner.-
and
anner;and
c. demonstrated that the construction, operation and maintenance of the
proposed PWSF are consistent with applicable environmental regulations
including, but not limited to, National Environmental Policy Act (NEPA)
criteria.
2. That the proposed PWSF (with conditions, if applicable):
a. is part of the orderly development of PWSFs in the Town of Reading,
and will result in a substantial improvement in the provision of Personal
Wireless Service in the Town of Reading;
b. is compatible with the Town of Reading's character and is designed
and screened in a manner that is sensitive to the surrounding
neighborhood as well as the community at large; protects adjacent
properties from unreasonable risks of PWSFs, to the extent permitted by
law, including without limitation excessive noise levels, falling objects, fuel
spills, and attractive nuisance;
c. if the proposed PWSF will Site -Share with an existing PWSF(s), that
such Site Sharing is found by the CPDC to be consistent with the
purposes established in this bylaw;
d. conforms with the PWSF location and PWSF Installation preferences
of Section 5.6.3.1.8 to the extent necessary to conform with the purposes
established in this bylaw;
e. ensures that all radio frequency (RF) emissions shall comply with the
FCC requirements codified in 47 CFR § 1.1307 et seq as further
interpreted by FCC Office of Engineering and Technology Bulletin 65,
Evaluating Compliance with FCC Guidelines for Human Exposure to
Radio Frequency Magnetic Fields, or any successor regulation or bulletin,
as same may be amended from time to time.
f. if proposed as a new antenna tower, the Applicant has documented
that no combination of one or more alternative Collocations and/or Site
Sharing can substantially satisfy the Applicant's coverage objectives; and
present a substantially less detrimental impact on the Town of Reading.
g. satisfies the Purposes established by the Zoning Bylaw and, without
limitation, the speck requirements and guidelines established in this
bylaw; and
h. if applicable, that the existing vegetation will be preserved or improved;
and
L where applicable, that disturbance of the existing topography has been
minimized or that proposed manipulation of vegetation and disturbance of
topography results in a lesser visual impact.
B. Form of Decision. The CPDC shall act on a Special Permit request for the placement
of a PWSF in accordance with G.L. c. 40A, §9 and may approve, approve with
conditions, or deny an application. The Decision of the CPDC shall be timely, in writing
and based upon substantial evidence in the written record.
1. Approval. Any approved Special Permit shall authorize specific PWS
provider(s) and specific wireless service(s) to be operated by the Applicant(s) at
the Antenna height(s) or positions specified in the application or approval
document.
2. Approval with Conditions. The CPDC may impose conditions of approval as
necessary to ensure that the purposes of this bylaw are achieved. For any
condition that the CPDC establishes with reporting or monitoring requirements,
including without limitation noise or radio frequency emissions, the CPDC shall
seek the advice of an expert in the relevant field pursuant to Section 5.6.3.3.0 to
identify the least burdensome protocol that is consistent with a legitimate public
purpose identified by the CPDC.
3. Denial. Any denial shall be in writing and supported by substantial evidence
contained in the record as required by the Telecommunications Act of 1996.
4. Reconsideration pursuant to Telecommunications Act. If the CPDC fails to
find in favor of all elements of Section 5.6.3.4.A, the CPDC shall reconsider the
proposed PWSF in the context of the Telecommunications Act of 1996. To
approve the Special Permit under this section, the CPDC must make the
following findings:
a. That a significant gap exists in the coverage area of the proposed
PWSF, which significant gap is not necessarily equivalent to the lack of
the Applicant's stated coverage objectives;
b. That there are no viable alternatives involving one or more PWSFs to
serve the significant gap;
c. That not granting a Special Permit for the proposed PWSF (including
conditions, if any) would effectively prohibit the provision of personal
wireless services;
C. Waivers. The CPDC may at its discretion authorize waivers in the Special Permit
Approval with respect to the orders of preference in Section 5.6.3.1A and 5.6.3.1.13, and
any dimensional or other requirements of Section 6.6.3.2.D and 5.6.3.2.E upon a finding
that such waiver will achieve better results consistent with the purposes and standards
established in this Section 5.6.3.
5.6.3.5. Removal of abandoned antenna towers and PWSFs. Any PWSF antenna tower, PWSF
Communications Device, or PWSF that is not commercially operated for a continuous period of
twelve (12) months shall be considered abandoned, and the owner of such antenna tower,
PWSF Communications Device, or PWSF shall remove same within ninety (90) days of receipt
of notice from the Town notifying the owner of such abandonment. If such tower or facility is not
removed within said ninety (90) days, the Town may cause such tower or facility to be removed
at the owner's expense. If there are two or more users of a single tower, the height may be
reduced to that required by the remaining user(s). If the permit holder for the tower ceases
operation, the remaining users may be required to apply for a new Special Permit.
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 9 To see if the Town will vote to amend the Zoning Bylaws by:
(1) Inserting, in appropriate alphabetical order, the following definitions into Section 2.0:
Aquifer Protection Overlay District: The zoning district delineated and established by
Section 10.3 of the Zoning Bylaw.
Impervious Surface: Material or structure on, above, or below the ground that does not
allow precipitation of surface water runoff to penetrate into the soil.
Landfill: Any place where disposal of Solid Waste into or onto the land has been
authorized by a permit.
Open Dump: Any place operated or maintained in violation of any applicable federal or
state laws, regulations or criteria for Solid Waste disposal.
Underground Storage Tanks: Any storage tank or container with all or any portion of the
contents located beneath the surface of the ground,
(2) Deleting the definition of Earth Removal contained in Section 2.0 in its entirety and inserting,
in place thereof, the following:
Earth Removal: The removal of sand, loam, sod or gravel on a lot, unrelated to
landscaping or authorized construction thereon, to another lot or location.
(3) Inserting, at the end of Section 3.4.1, the words "or to the Aquifer Protection Overlay District
boundary lines established by Section 10.3 of the Zoning Bylaw."
(4) Deleting from Section 3.2 "`Aquifer Protection Overlay District Map, Town of Reading' dated
September, 1985 consisting of 1 panel", and inserting, in place thereof, the following:
"Figure 2 Town of Reading, Massachusetts Zone II and Zone III Areas" prepared by
Weston & Sampson Engineers, Inc. resulting from a study for the Town of Reading
entitled °100 Acre Wellfield Zone 11 Study" dated July 1996, which shows certain aquifer
protection areas consisting of aquifers or recharge areas.
(5) Deleting Section 10.3 in its entirety and inserting, in place thereof, the following (Bold
represents language to be inserted and crossed -out language is to be deleted):
10.3 Aquifer Protection District
10.3.1 Establishment and Delineation of Aquifer Protection Overlay District
The Aquifer Protection Overlay District is delineated and established on a map entitled
"Figure 2 Town of Reading, Massachusetts Zone 11 and Zone III Areas" prepared by
Weston & Sampson Engineers, Inc. resulting from a study for the Town of Reading
Entitled 100 Acre Wellfield Zone 11 Study dated July 1996 which shows certain aquifer
protection areas consisting of aquifers or recharge areas. Such map is hereby made a
part of the Town of Reading Zoning Bylaw and is on file in the office of the Town Clerk
and the Building Inspector's Office. Aquifer Protection District is an overlay district
superimposed on the underlying zoning districts which shall apply to any portion of all
new construction, reconstruction, or expansion of existing buildirigs structures and new
or expanded uses , that falls within such Aquifer Protection
District. Uses prohibited in the underlying zoning districts shall not be permitted in the
Aquifer Protection District.
10.3.24 Purpose of District
The purposes of th4 the Aquifer Protection Overlay District are i&4e:
19.3.1 A. To promote the health, safety, and general welfare of the community by
ensuring adequate quality and quantity of drinking water for the residents,
institutions, and businesses of the Town of Reading;
19.3.2 B. To preserve and protect existing and potential sources of drinking water
supplies;
10.3.3 C. To conserve the natural resources of the Town of Reading; and
4024 D. To prevent temporary and permanent contamination of the environment.
[MOVED INTO SECTION 10.3.1 ABOVEI
40.2.2 084Rw"s
[ALREADY IN SECTION 2.0
DEFINITIONS]
Aquifer Protection District: The zoning district delineated and established by Section
10.3 of the Zoning Bylaw.
Fesbafgge-afeas-CfO BE MOVED TO SECTION 2.0 DEFINITIONS[
Impervious Surface: Material or structure on, above, or below the ground that does not
allow precipitation of surface water runoff to penetrate directly into the soil.
ffgFA this defiRit-01; aFe deGkr, that aFe rmnstr-uisted with open jeiAts between the
BE MOVED TO SECTION 2.0 DEFINITIONS]
GF86, 9F O BE COMPLETELY DELETED FROM ZONING
BYLAW]
in t#e futwFe. [TO BE COMPLETELY DELETED FROM ZONING BYLAW]
O BE
COMPLETELY DELETED FROM ZONING BYLAW]
[ALREADY IN 2.0 DEFINITIONS (UNDER HAZARDOUS MATERIAL)]
I= -M-111111111
1112
ME
10.3.3 6 Use Regulations
In the Aquifer Protection Overlay District, the following regulations shall apply:
10.3.3.8-1. Permitted Uses
The following uses are permitted within the Aquifer Protection Overlay
District, provided that all necessary permits, orders, or approvals required
by local, State or Federal laws are also obtained:
A. Conservation of soil, water, plants and wildlife;
102642 B. Outdoor recreation, nature study, boating, fishing, and hunting
where otherwise legally permitted;
49.3-9:4:3 C. Foot, bicycle and/or horse paths and bridges;
49.3 .4.4 D. Normal operation and maintenance of existing water bodies and
dams, splash boards, and other water control, supply and
conservation devices;
38-3:6.4.5 E. Maintenance, repair, and enlargement of any existing structure,
except as prohibited by 6wbjeGt-te-Section 10.3.3.249 -36 -2 -of
the Zoning Bylaw;
49�6�6 F. Residential development, except as prohibited by subjerA to
Section 10.3.2 of the Zoning Bylaw 40.3-6:2;
4A-3-6� G. Farming, gardening, nursery, conservation, forestry, harvesting
and grazing, except as restricted by subjeGt to Section 10.3.2.
40 2 a 2;
9 H. Construction, maintenance, repair, and enlargement of dAnking
, wells,
pipelines, aqueducts and tunnels and other facilities related to
drinking water supply;
10.3.§.1.9 1. Land uses that alter a lot such that the total amount of
Impervious Surface on the lot within the district would not
exceed 45% 9
2,500 square feet or 15% of any that portion of the lot located
within the District, whichever is greater, unless a system of
artificial recharge of precipitation is designed with the applicable
design standards established by the Massachusetts
Department of Environmental Protection Stormwater
Regulations and approved by the Town Engineer is provided;
10.3.6.1.19
that will not result in the
degradation of groundwater quality. Rermharge-p4shawl seedy
J. Underground storage tanks containing liquid propane
products for normal household use, that are installed and
used in accordance with all applicable local, state and federal
laws and regulations;
K. Storage of liquid hazardous materials or liquid petroleum
products, if such storage is either: (1) In a container or tank
within a building and situated upon or above an impervious
surface with all sides accessible and visible; or (2) Outdoors
In covered a container or above -ground tank in an area that
has a containment system designed and operated to hold
either 10% of the total possible storage capacity of all such
containers or tanks, or 110% of the storage capacity of the
largest of such containers or tanks, whichever is greater;
provided, however, that these storage requirements shall not
apply to the replacement of existing containers or tanks or
systems for the keeping, dispensing or storing of gasoline if
the replacement is performed in a manner consistent with
state and local requirements .
10.3.38.2 Prohibited Uses
The following uses are prohibited:
'' ^T A. Landfills and open dumps. as dePned in 340 GMR 4G.-0067
10.3.6.2.2 B. Automobile graveyards and junkyards., as defiRed OR Massarhuseft
40.3.6.2.3 C. Landfills receiving only wastewater residuals and/or septage fesiduals
including those approved by the Department of Environmental Protection
pursuant to Sections 26
through 53 of Chapter 21, ; ,Section
17 of Chapter 111; or Section i MassaGhuseft GeRSFal Law G. 83-,
Seetien 6 and 7 of Chapter 83 of the Massachusetts General Laws,
and regulations promulgated thereunder;
1 Q.3.6.2 D. Facilities that generate, treat, store, or dispose of hazardous waste
that are subject to Chapter . 21C of the
Massachusetts General Laws and 310 CMR 30.00, except for the
fellewing:
10.3.6.2.4.4 1. Very small quantity generators as defined under 310 CMR 30.000;
49.3.6.2.4.2 2. 2. Household hazardous waste centers and events under 310 CMR
30.390;
19.3.6.24.3 3. Waste oil retention facilities required by
s--21, Section 52A of Chapter 21 of the Massachusetts General
Laws, and;
18.3.2.444. Water remediation treatment works approved by MassDEP for the
treatment of contaminated mer-sU waters;
. Petroleum, fuel oils, and heating oil bulk stations and terminals
including, but not limited to, those listed under Standard Industrial
Classification (SIC) Codes 5171 and 5983;
49.3.6.211.6 F. Storage of liquid hazardous Texis 8F HaaaFdous Mate materials
or as defined in SeGfien 10.3.3 and iquid petroleum products, with the
9XGepti9R of liquid P129pane pFedUGt-- far- RA -Una' household use-,-allewed
s and
Feguiat 9R&, unless such storage is permitted by Section 10.3.3.1(K).
�-vitneF
;
'^.'�4T G. Storage of sludge and septage, unless such storage is in compliance
with 310 CMR 32.30 and 310 CMR 32.31;
1�-3 6-2-46 H. Storage of deicing chemicals unless such storage, including loading
areas, is within a structure designed to prevent the generation and
escape of contaminated runoff or leachate;
19.3.6.248--I. Storage of animal manure unless seveFed 9 contained iR-asssFdaRse
within a structure designed to prevent the generation and escape of
contaminated runoff or leachate.
J. Storage of commercial fertilizers,
unless such storage is within a structure
designated designed to prevent the generation and escape of
contaminated runoff or leachate;
K. Stockpiling and disposal of snow and ice containing deicing chemicals
i�brought in from outside the district;
10.3.6.2.4.40 L. Earth removal, except for excavations for building foundations,
roads utility works or wetlands restoration work conducted in
accordance with a valid Order of Conditions issued pursuant to
Section 40 of Chapter 131 of the Massachusetts General Laws;
M. Treatment or disposal works subject to 314 CMR 5.00, for non -
sanitary wastewater, including those activities listed under 310 CMR
15.004(6), except for:
exGept
b1. Treatment works approved by MassDE
designed for the treatment of contaminated
ground or surface water and operating in compliance with 314 CMR
5.05(3) or 5.05(13); and
s 2. Publicly owned treatment works.
19.3.6.2.4.12
bFQW@hl_ in im.M. the ; [MOVED TO K ABOVE]
r, mnff or ;[MOVED TO J ABOVE]
'^�-r44 N. Underground storage tanks containing Tamer. and Hazardous Materials
except as permitted by Section
10.3.3.1.J or Section 10.3.3.1.K.
AARdad ac -Itarad m, wt
10.3.45 Administration Rules and Regulations
Section 10.3 of the Zoning Bylaw This -bylaw shall be administered by the Community
Planning and Development Commission, which shall also have the authority to adopt
rules and regulations to implement its provisions 0GY9FRiR@ the de6i@A 0"
atility weFks=
M. Treatment or disposal works subject to 314 CMR 5.00, for non -
sanitary wastewater, including those activities listed under 310 CMR
15.004(6), except for:
exGept
b1. Treatment works approved by MassDE
designed for the treatment of contaminated
ground or surface water and operating in compliance with 314 CMR
5.05(3) or 5.05(13); and
s 2. Publicly owned treatment works.
19.3.6.2.4.12
bFQW@hl_ in im.M. the ; [MOVED TO K ABOVE]
r, mnff or ;[MOVED TO J ABOVE]
'^�-r44 N. Underground storage tanks containing Tamer. and Hazardous Materials
except as permitted by Section
10.3.3.1.J or Section 10.3.3.1.K.
AARdad ac -Itarad m, wt
10.3.45 Administration Rules and Regulations
Section 10.3 of the Zoning Bylaw This -bylaw shall be administered by the Community
Planning and Development Commission, which shall also have the authority to adopt
rules and regulations to implement its provisions 0GY9FRiR@ the de6i@A 0"
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 10 To see if the Town will vote to amend the Zoning Bylaw to provide for associate
members on the Community Planning and Development Commission and Zoning Board of
Appeals by:
(a) Adding a new Section 4.3.3 as follows:
4.3.3 The CPDC may have one (1) Associate Member appointed by the Board of
Selectmen for a two (2) year term. Except as otherwise provided by law, if any
regular member is absent from a meeting, disqualified from acting, or otherwise
unable to deliberate, the chair of the CPDC may designate an Associate Member
to deliberate and vote on any matter before the CPDC. An Associate Member so
designated shall be entitled to continue to participate in the matter as necessary
and to remain qualified to vote thereon.
(b) Adding a new Section 4.5.3 as follows:
4.5.3 The Zoning Board of Appeals shall have two (2) Associate Members appointed
by the Board of Selectmen for three (3) year terms. If any regular member is absent from
a meeting, disqualified from acting, or otherwise unable to deliberate on a particular
matter that comes before the Zoning Board of Appeals, the chair of the Zoning Board of
Appeals may designate one or more Associate Members to deliberate and vote on any
matter before the Zoning Board of Appeals. If more than one Associate Member is
available to fill a temporary vacancy, the chair shall designate the Associate Member
having the greatest tenure on the Zoning Board of Appeals; provided, however, that any
Associate Member so designated shall be entitled to continue to participate in the matter
as necessary and to remain qualified to vote thereon.
or take any other action with respect thereto.
Community Planning and Development Commission
.
!11
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 10 To see if the Town will vote to amend the Zoning Bylaw to provide for associate
members on the Community Planning and Development Commission and Zoning Board of
Appeals by:
(a) Adding a new Section 4.3.3 as follows:
4.3.3 The CPDC may have one (1) Associate Member appointed by the Board of
Selectmen for a two (2) year term. Except as otherwise provided by law, if any
regular member is absent from a meeting, disqualified from acting, or otherwise
unable to deliberate, the chair of the CPDC may designate an Associate Member
to deliberate and vote on any matter before the CPDC. An Associate Member so
designated shall be entitled to continue to participate in the matter as necessary
and to remain qualified to vote thereon.
(b) Adding a new Section 4.5.3 as follows:
4.5.3 The Zoning Board of Appeals shall have two (2) Associate Members appointed
by the Board of Selectmen for three (3) year terms. If any regular member is absent from
a meeting, disqualified from acting, or otherwise unable to deliberate on a particular
matter that comes before the Zoning Board of Appeals, the chair of the Zoning Board of
Appeals may designate one or more Associate Members to deliberate and vote on any
matter before the Zoning Board of Appeals. If more than one Associate Member is
available to fill a temporary vacancy, the chair shall designate the Associate Member
having the greatest tenure on the Zoning Board of Appeals; provided, however, that any
Associate Member so designated shall be entitled to continue to participate in the matter
as necessary and to remain qualified to vote thereon.
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 11 To see if the Town will vote to amend Section 3.3.1.4 Removal for
Absence as follows (Bold represents language to be inserted and crossed -out language is to
be deleted):
3.3.1.4 Removal for Absence
If any member of any board, committee or commission is absent from three (3) or more
successive meetings of the board, committee or commission, the other members of said
board, committee or commission may by an affirmative vote of its majority request the
appointing authority to remove such absenting member from his membership, and the
saeh-FemaWal In accordance with the provisions of Section 8.12 of the Reading Home
Rule Charter.
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 12 To see if the Town will vote, pursuant to Section 5.2 of the General
Bylaws, to approve and authorize the Board of Selectmen to settle litigation arising out of the
Sutton Brook Disposal Area Superfund Site, involving payment of a sum of more than fifty
thousand dollars ($50,000.00), and to raise and appropriate, borrow, transfer from available
funds, or otherwise provide a sum of one hundred twenty five thousand dollars ($125,000.00)
for the purpose of such settlement; or take any other action with respect thereto.
Board of Selectmen
ARTICLE 13 To see if the Town will vote to appropriate, by borrowing a sum of one
million two hundred thousand dollars ($1,200,000.00), to transfer from the Sale of Real Estate
Fund seven hundred thousand dollars ($700,000.00), and to transfer from the Cemetery Sale of
Lots Fund one hundred thousand dollars ($100,000.00) for a total of two million dollars ($2
million) for the purpose of constructing a Cemetery garage and related facilities, including site
preparation, construction, architectural, engineering and construction services, inspection and
costs of financing, and for the purpose of equipping and furnishing said facilities and other costs
incidental thereto; and to authorize the Town Manager to enter into any and all contracts and
agreements as may be necessary to carry out the purposes of this Article; or to take any other
action with respect thereto.
Board of Cemetery Trustees
ARTICLE 14 To see if the Town will vote to amend the General Bylaws by deleting
Section 8.9.1 in its entirety and inserting, in place thereof, the following:
8.9.1 Firearms
8.9.1.1. Definitions
As used in Section 8.9.1, the following terms shall have the following definitions:
• "Firearm" shall mean a pistol, revolver, rifle, shotgun or other weapon of any
description, from which a bullet or shot can be discharged using a propellant
powder.
8.9.1.2. Discharges Prohibited
Except as provided in Section 8.9.1.3, no person shall fire or discharge any
Firearm of any kind:
• On, over or onto of any street, highway, park or other public property; or
• Within 1,000 feet from a dwelling or other building in use, or 300 feet from a
public way; or
• On, over or onto any private property except by the owner or legal occupant
thereof, or a person carrying the written consent of such owner, which shall be
valid for no more than one year from its issuance, and which shall be available
for review upon the request of any law enforcement officer.
8.9.1.3. Authorized Discharges
The prohibition set forth in Section 8.9.1.2 shall not apply to
• The use of such weapons in the lawful defense of any person, family or
property; or
• Any law enforcement officer or member of the armed forces acting within the
scope of lawfully authorized duties; or
• The use of such weapons on any lawfully permitted target, trap or skeet range.
or take any other action with respect thereto.
Board of Selectmen
and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1)
public place in each precinct of the Town not less than fourteen (14) days prior to November 9,
2015, or providing in a manner such as electronic submission, holding for pickup or mailing, an
attested copy of said Warrant to each Town Meeting Member.
Hereof fail not and make due return of this Warrant with your doings thereon to the Town
Clerk at or before the time appointed for said meeting.
Given under our hands thisd' day of SeAAwl 2015.
Daniel Ensminger, Chairman 0
John R. Halsey, Vice Chairman
SELECTMEN OF READING
Thomas H Freeman J,7Constable