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HomeMy WebLinkAbout2016-11-17 Subsequent Town Meeting MinutesSUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:36 PM, there being a quorum present. The Pledge of Allegiance to the Flag was said by all in attendance. Motion made by John Halsey, Board of Selectmen to dispense of the reading of the warrant including all motions in their entirety. Motion Carried Motion made by Glen Hartzler, Precinct 4 that the Town vote, pursuant to Section 2.2.4 of the Reading General Bylaws, to reconsider its prior vote and action on Article 16 taken at the Subsequent Town Meeting on November 14, 2016 After some Discussion it was voted to Reconsider Article 16 2/3rds Vote Required 75 Voted in the affirmative 40 Voted in the negative 120 Town Meeting Members in Attendance 2/3rds Requirement was not met Motion to Reconsider Does Not Carry ARTICLE 13: Motion made by John Halsey, Board of Selectmen to Table the subject matter of Article 13 Motion to Table Carried ARTICLE 14: Motion made by the Board of Selectmen that a portion of a drainage easement is no longer required for public purposes, that the Town 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, N121 30' 00"W, along said easterly side line of Hunt Street, a distance of 15.00 feet to a point; Thence, N770 26' 00"E, through lot 43, a distance of 85.00 feet to a point; 11 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 Thence, S120 30' 00"E, a distance of 15.00 feet to a point on the division property line of Lots 43 and 44; Thence, S771 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 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. Nu�vrSr. Lo7** Lor4J ^� PORTION OF EASEMENT TO BE ABANDONED � 40 t'S , � a *kwi Approval of thie PlalL under the sl ��wE ?uhdivlaion Control Law by the dO i', �'�t+ Soard of Evr.ey of the Torn of as lM11 ;�' Tieading ie not repuTred.Lor57 k ~ LorJ7s 1 *%r 44 q., pQ -- Sv�rint�rllent o e TOWN OFREADING, MASS ACHU5ETT5 BOARD OFPUBLICWORKS Bann EASEMENT THROUGH PRIVATE PROPERTY N? � LEE Sr FOR DRAINAGE,WATERANDSEWERAGE PURPOSE5 LEE STREET SCALE.IIPn. •4Qtk Sept,1963 ENGINEER1119 DNLRIGM PHILIP WELCM, SUPSINTENDENT Presentation given by: 21 Page 500-S-123 SUBSEQUENT TOWN MEETING Reading Memorial High School November 17, 2016 Preforming Arts Center • Bob LeLacheur - See Attached 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. After some Discussion a vote was taken Motion Carried 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. A vote was taken to allow more time for State of the Schools presentation Motion Carried Reports given: Reading Public Schools Dr. John Doherty, Superintendent Mr. Moderator, Town Meeting Members, Board of Selectmen, Finance Committee Members, School Committee, Fellow Town Leaders and Department Heads, School Building Principals, District Administrators, Members of the School Community, and Invited Guests. It is with great honor and privilege that I present to you the 2016 State of the Schools Address. I am delighted to start my remarks this evening, as I do each year, by introducing to you the two Reading Memorial High School Seniors who are receiving the Massachusetts Association of School Superintendents Award for Academic and Community Excellence. Each year, it is always difficult to select only two students, given how many deserving candidates we have here at Reading Memorial High School. Both students being recognized this evening have demonstrated strong academic skills, participate in extracurricular and community service activities, and are currently in the top 5% of their graduating class. In addition, I have had the opportunity to meet with both students and they are genuinely great kids. It is with honor and pride that I present this award to our first recipient who was a student at the Birch Meadow Elementary School and Coolidge Middle School and has served in a leadership position as President of the RMHS French Club. In this role, this student organized a fundraiser last year in support of the people of Paris after the terrorists' attacks. She tutors younger students in French; and she co- founded an after school program for elementary school children to help them acquire an appreciation for a different language and culture. Academically, this student has excelled in rigorous classes including AP Calculus, AP Physics, Honors Engineering, Honors Film and Literature, AP French, and AP Chemistry. She has attended summer courses in Engineering and Biomedical Systems at Brown University and a Congress of "Future Medical Leaders" in Biotechnology at the Tsongas Arena in Lowell. In addition, this student is involved in a number of meaningful activities but is most passionate about dance, a creative outlet requiring both physical and artistic strength. For the past 10 years, she has performed in The Nutcracker 31 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 in roles ranging from Clara to a reindeer to a point mouse. She sees herself continuing dancing in college. This recipient envisions a career in engineering and has applied early decision to Vanderbilt, Boston University, and Northeastern where she would like to major in Mechanical or Biomedical Engineering. She dreams about a career where she can have an impact on the lives of others. When asked which teachers had the greatest impact on her educational journey, she said recently retired Birch Meadow teacher Rick Downes and RMHS Physics Teacher Nancy Najmi. It is with great pleasure tonight that I recognize Alisyn Bourque. Alisyn, please come forward to receive the 2016 Massachusetts Association of School Superintendent's Award. Tonight's second recipient attended Killam Elementary School and Parker Middle School and has excelled as a member of the RMHS Jazz Band. Academically, this student is a curious and engaged learner who has taken several high level courses including AP Calculus, Honors English, Band, AP Physics, AP French, and AP Chemistry, During 10th grade, he represented the school as a first-year chemistry student at the Ashdown Exam, which was held by the Northeastern Section of the American Chemical Society. He was one of the top scorers in the region, which opened up a second opportunity to take the qualifying exam for the United States National Chemistry Olympiad team. Additionally, he took on an independent study in undergraduate -level organic chemistry this year through MIT's OpenCourseWare. He has also been named as a national Merit Semi -Finalist, a significant achievement where only 1% out of 1.6 million students in the country who took the PSAT qualify. In addition to academics, this recipient is an avid piano player and fiction writer. He participates in online forums for writing and also has submitted his fiction works to publications. He also devotes time to our public library where he is a frequent volunteer. He has led tours of the new building, helped plan children's programming and has been a "NetGuide" helping mostly elderly patrons learn how to more effectively access resources online. Next year, he plans on majoring in Chemical Engineering and is applying to Yale, Columbia, and MIT. The teachers who have had a significant impact on this student's journey in the Reading Public Schools include his Freshman English Teacher Kate Crosby, who opened up his world to creative writing, and Chemistry Teacher Frank Buono who turned a difficult class with a dense amount of information into a class he could freely enjoy.It's a great honor to introduce to you, Anson Huang! Anson, please come forward and accept the MASS 2016 Superintendent's Award for Academic Excellence. Congratulations Alisyn and Anson. My main objective this evening in this annual Address is to report on the state of the schools—and without question, our school system could have no finer examples of its mission than these two outstanding young adults and so many more like them. These students, together with the dedicated educators who have supported them each and every day, are quite honestly the living personification of the state of our schools. You will see many more specific accomplishments for the last year, highlighted in two documents that you have received this evening. The first document focuses on the accomplishments of our entire PreK-12 district and the other, the RMHS School Profile, is specific to our high school and is distributed to colleges and universities across the country. Before I go further into my remarks, however, I would like most of all to say thank you ... thank you to all of those who help make our schools—(and thus our entire community) a successful place to learn and grow. This includes our dedicated and caring staff, a strong and committed leadership team (many of whom are here this evening), and the tremendous support that we receive from our parents and from each one of you—(truly from everyone in our community). I am proud to work in a school district and in a community where this dedication is part of our culture and where we work together for the greater good and for the future of our children. Without doubt, the values and spirit of our town—including a commitment to community, teamwork, and perseverance—are alive and well in our schools. They contribute every day to the success of our school district, and provide us the inspiration to continually reach toward goals—regardless of the challenge. 41 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 And while the district is overall continuing to make substantial progress, there are absolutely still significant challenges and issues that we continue to face. Using the annual state assessments as a measure, we have seen two years now of overall progress in the results at most grade levels, and we are proud that our high school moved to a Level 1 rating this spring. At the same time however, we are still working to improve our consistency and calibration of expectations across every school and every grade level, as there are specific areas in some schools that are still being addressed—and as many of you may already know, the Joshua Eaton Elementary School is designated as a Level 3 school by the Department of Elementary and Secondary Education, as a result of not showing adequate progress on state assessments (especially for its High Needs Subgroup of students). Although we are beginning to see progress, there is still work to do in this area. Using the Youth Risk Behavior Survey data as a measure, we are also seeing many positive trends for youth in our community, such as a decrease in the use of cigarettes, alcohol, and marijuana. We continue, however, to see a concerning number of students being treated for anxiety or depression. Reading data also showed that these same students are showing an increased use of drugs and alcohol. Other challenges have surfaced, as well, with the recent outcomes of elections. Some programs, regulations, and policies may be shifting, and of course, the results of the Proposition 2 1/2 election will also have a significant impact on the schools. Revenue challenges faced by our community will result in significant program and staffing reductions to our district for the fourth year in a row—unfortunately during a time when we are transitioning to more rigorous state standards for our students. In spite of these challenges, however, our staff are committed to the goals we have set forth for our children, and the students we just honored are examples that inspire us with their journey—and they inspired me to share some more of such examples. With a commitment to the values I mentioned (community, teamwork, and perseverance), our amazing staff and students make us proud each and every day—and so I want to use tonight's address to highlight just a few of these stories that represent this tremendous commitment. The students mentioned this evening have all overcome their own personal challenges or they have made contributions to our community through the hard work and dedication of teachers who have made a difference in their lives. In short, they are what the Reading Public Schools is all about—and we could never find better models of the power of community, teamwork, and perseverance. First, I would like to introduce to you Ottavio, a third grade student at the J.W. Killam elementary school. In September, 2014, when he was in first grade, Ottavio was diagnosed with Medulloblastoma, a highly malignant brain tumor. Since then, this little boy has endured numerous surgeries, radiation, and chemotherapy treatments. Through it all, whenever possible, he attended school and was happy to be with his Killam friends. During his first and second grade years, Ottavio missed a total of 156 school days. But he persevered, attending school when he could, although some days were more difficult than others. This year, for the first time in two years, Ottavio started the school year cancer free. Ottavio has had many teachers who have made a difference in his life. His first grade teacher, Nina Balfe, shown here in this photo with Ottavio and his third grade teacher, Karesa Encarnacao. Both have shown extreme dedication, compassion, and support, not only to Ottavio, but to his entire family. Ottavio is encouraged by his teachers who remind him, "I will love you, push you, and encourage you to do your best. It will be hard but I will not give up on you or let you give up on yourself." School is hard for Ottavio and he works hard every day. This school year, Karesa Encarnacao is his personal cheerleader—guiding and encouraging him along the way. Ottavio has a long way to go, but he is certainly in great hands with caring teachers and a supportive community. As many of you know, we have many special education programs in our school district, but perhaps some of our most fragile students are in our K-2 Compass Program at the Birch Meadow Elementary School. The Compass Program is a program for students who are diagnosed with autism. Some of these students have 51 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 a difficult time transitioning to school. These are students who may have had difficulty at first expressing themselves, identifying shapes, numbers, and letters, and interacting with other students. The families of these students may have had their own challenges as well, adapting to the needs of their children and the support they require to be successful in school. Fortunately, these students have an outstanding teacher named Tricia Piacentini, or "Mrs. P" as she is so fondly called by parents and students. Tricia has done an amazing job with these students. She challenges and pushes them, and the children have shown amazing growth in their academic learning and social emotional health. She teaches each of her students with compassion and perseverance because she believes each child can learn, regardless of the challenges and disabilities they may face. As one parent put it, "Mrs. P has a rare and special gift to be able to help kids find the best within themselves and let them see just how smart and how good they can be." This past spring, Tricia was recognized by the Teamsters Local 25 at their 10th Annual Light up the Night Gala for Autism in Boston, an event that recognizes outstanding educators who work with students with autism. We are very fortunate in the Reading Public Schools to have Tricia, a talented teacher, who opens the world for students with disabilities. Tricia is here this evening. Tricia, thank you for what you do for our students. Meet Nakeya and Victoria, who are ninth grade students at RMHS. Nakeya and Victoria are in our METCO program, a program that gives students from Boston the opportunity to attend suburban schools. Reading is very fortunate to have a strong METCO program with students in Grades K-12. What you may not know about our Boston students is that they make a significant amount of sacrifices to attend the Reading Public Schools. Their day starts at 5:00 a.m. or earlier so that they can catch their bus to Reading. It is sometimes difficult to make connections with their Reading peers because they are not able to stay late after school or participate in activities that would develop those friendships. They then have a long bus ride home, where most Reading students have a short 5 or 10 minute walk or ride. When Nakeya and Victoria first entered Coolidge as sixth grade students, they initially struggled with the transition from elementary to middle school and had difficulty making new friends. Their first year at Coolidge was very challenging. When the students entered seventh grade, a new Physical Education teacher, Jennifer White started at Coolidge Middle School. Almost immediately, Jennifer made a positive impact on those students. She arrived early to school and hung out in the cafeteria so that she could connect with Nakeya, Victoria, and other students who arrived very early. After school, the students would hang out with Ms. White until the bus came. Because of Ms. White's interest in these students and her willingness to serve as a role model, Nakeya and Victoria grew over their last two years at Coolidge going from fairly disconnected 6th grade students to involved and happy 8th grade students. As the students stated when I met with them, "She would be there for us. She was our own personal guidance counselor." At last year's 8th grade promotion ceremony, both girls awarded Jennifer White a Starfish Award for making a difference in their lives. Even today, as ninth grade students, Nakeya and Victoria still go to Ms. White when they have a problem even though they are not in the same school anymore. Jennifer, who is here this evening, is an extremely humble, caring teacher, a leader by example, and we are proud and honored to have her as a teacher in the Reading Public Schools. Jennifer, thank you for what you do for our students. Next, I would like to introduce you to Ali, a very thoughtful and humble senior at Reading Memorial High School. In 2011, when Ali was in 6th grade, he lost his father to cancer. Ali was naturally devastated, but from that day on, he has been committed to pursuing a field where he can do research to find a cure. The summer after his Freshman year, Ali participated in a program at Beth Israel Deaconess Medical Center where he was exposed to a variety of different aspects of the medical field. In the summer of his sophomore year, he was accepted into a research program at Beth Israel and for the last two summers Ali studied protein networks in a laboratory setting at the Dana Farber Cancer Institute. He presented his findings to physicians and scientists. Ali has applied to several Boston area schools including Boston 61 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 University, Tufts, and Northeastern where he would like to major in Neurobiology. When asked about what teachers have had an impact on his journey, Ali said his Honors Spanish 4 teacher Giulio Binaghi and his 7th and 8th Grade English Teacher, Erica LeBow. Mr. Binaghi taught him not only Spanish, Spanish literature, and history, but a great deal about life. Ali said that Mr. Binaghi has been an essential aspect of his character and intellectual curiosity development. He stated that Erica LeBow was the catalyst to many of his academic pursuits. Ali stated that "Her influence led me to take a keen interest in reading, but also reflection upon finishing a piece of literature. I often relate data that I collect in experiments at Dana- Farber to the words in a book and how they mean absolutely nothing unless I take the initiative to analyze it, detect trends and overriding themes, and formulate my own conclusions. I thank her for editing each and every one of my essays and providing critical feedback that helped polish my grammar, punctuation, and vocabulary. Ms.LeBow is truly passionate about teaching and I'm grateful to have known her as a teacher, mentor, and a friend." Because of Ali's experience in the Reading Public Schools and his outside work at Beth Israel and Dana Farber, he is passionate about public health and health care and he wants to focus on eliminating the ethnic and racial disparities in health care. Finally, meet Laura, a Senior at Reading Memorial High School. For more than a year and a half, Laura has been working on her Girl Scout Gold Award project which has culminated in a published historical fiction children's book on the life of Sergeant Joshua Eaton, who at age twenty was the only Reading man to die in the American Revolutionary War. Laura's work was based on a clear need to educate the community about the importance of the life of Joshua Eaton and why the school is named after him. This year, thanks to Laura's work, Sargeant Joshua Eaton was recognized at the Town Memorial Day Ceremony. To prepare for writing her book, Laura conducted extensive research on Sgt. Eaton including use of Reading resources, visits to Lexington and Concord and Saratoga, NY, extensive consultation with Everett Blodgett, town historian, research at the Massachusetts Historical Society and State Archives, and use of many primary and secondary research sources. She received a historical preservation grant from the Town of Reading to help fund the publication of a high-quality, large, color, glossy edition of her book. In October, Laura presented to the students of Joshua Eaton at an all school assembly and read passages from her book to the students to help educate them on who Joshua Eaton was and why the school was named after him. Copies of her book will be distributed to the school and the public library. Laura continues to work to find a publisher for "mass market" copies of her book so as to get a classroom set and copies for the general public. Laura's Project Advisor for this work was RMHS Social Studies Teacher Kara Gleason who worked diligently with her to provide guidance and historical information so that she could pursue her dream of publishing this book. Kara is here this evening. Thank you Kara for having an impact on Laura's journey. Alyson, Anson, Ottavio, the students in the Compass Program, Nakeya, Victoria, Ali, and Laura are just a few of the 4,431 students that we have here in the Reading Public Schools. Each of our students have meaningful stories to tell and each of our students have caring adults, teachers, administrators, and other staff, who have made a difference at some point in their educational journey. Over the last few years, our schools have focused our efforts on those structures and supports so that each student will have at least one adult in the school that they can go to when they are in need. Our goal is to provide a strong and robust curriculum that all students can access and a support system above and beyond what all students receive to help those students that are struggling. By developing this system of supports, it will make all of our schools strong and benefit all students, just like the student stories you heard this evening. I would be remiss, if I did not also honor four teachers who were beloved in our school community, but passed away in the last 13 months. Retired Coolidge teacher John McCarthy, Retired Birch Meadow Teacher Irene Bourne, Joshua Eaton Teacher Jody Carregal, and Birch Meadow Teacher Jolene Tewksbury each had an impact on hundreds of students during their time as teachers in our district. They connected and cared about children, challenged them, supported them when they struggled, and never gave up on their students. Although they will be missed, the impact that each of them had on students will carry on for generations to come. 71 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 We do have work yet to do. For our staff (especially in recent years) the challenges are big ... but so are their aspirations and goals . . . for our schools, our community and for our children. And too often perhaps, especially as we navigate through the challenges of smaller budgets . . . or the details of an improvement plan, we can forget to pause and give gratitude to the staff in our town and schools who never stop giving their all—regardless of the challenge. I wanted to make sure we did not let that happen this year. The never-ending sense of community, teamwork, and perseverance that our dedicated staff members show each and every day provide the lifeblood of our school system—and often provide as well the role modeling and inspiration for the children they serve. Thank you, to all of them. As I have stated before many times at this Town Meeting, and as you have heard first hand this evening, I am proud of the work that our teachers, support staff and administrators do every day to improve teaching and learning in our district, and I am excited by the enthusiasm and respectfulness of our students who arrive to school every day eager to learn. This is a testament to the support of our parents and members of our community who value the importance of education and the role that it needs to play in a community. Moving forward, I encourage you to attend school events—and if you wish, to visit our schools. Contact me, and we can make that happen. Recently, I also began holding Superintendent Office hours to give our parents and the community an opportunity to discuss their questions or concerns about our school district. Please don't hesitate to access these and other ways to connect with our schools, as our goal is to enhance communication with all of our stakeholders. As I always say, I believe a major indicator of the quality of life for everyone in a community can be measured by the quality of its schools and by a community's commitment to its children. In this way, the quality of a school district affects every single person. As we move toward the future, I am optimistic as well, our community will find solutions on how best to always maintain strong town and school services that affect the quality of life in our entire community. Thank you for your time this evening. In my 33rd year as an educator, my 29th year now in Reading, and a parent of two children who attended and graduated from the Reading Public Schools and are now in college, I must say that I am so very proud to be a part of this community. I thank you for the privilege . . . and I look forward to working with you, as together, we continue to make Reading a place where all students are supported, a place where we develop the innovative leaders of tomorrow, and a place where our schools continue to provide the strong foundation for the future of this great community. Motion made by John Halsey, Board of Selectmen and Article 1 was tabled Motion Carried ARTICLE 19: Motion made by the Board of Selectmen that the Town 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: Bylaw Title: Enforcing Person: Penalty - First Offense: Penalty - Second Offense: Penalty - Additional Offenses 81 Page 7.9 Stormwater Management and Planning Division Building Inspector $100 $300 $300 Erosion Control SUBSEQUENT TOWN MEETING Reading Memorial High School November 17, 2016 Preforming Arts Center 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, rivers, 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. Stormwater 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, safety and welfare of the citizens of the Town of Reading through the regulation of stormwater 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; • 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 clearly 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 Stormwater 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 Sale Any plan reflected in an announcement, documentation or physical demarcation indicating That one (1) or more distinct construction activities are or may be undertaken on a Site or on contiguous Sites, either simultaneously or at different times or on different schedules. 7.9.2.4 Construction and Waste Materials 91 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 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. 7.9.2.5 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 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 stormwater 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 101 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 (42 U.S.C. 2011 et 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 stormwater, 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 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. 111 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 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 Any activity that results in disturbance of one (1) or more acres of land and any land -disturbing activity that is part of a Common Plan of Development or Sale that will ultimately result in the disturbance of one (1) or more acres of land, shall be subject to the requirements of Section 7.9. No person shall undertake any such activity unless it is authorized by a stormwater permit issued by the CPDC, or exempt pursuant to Section 7.9.4.2. 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 aquacultural 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 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 Plan 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 121 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 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 proposed activity will protect water resources and meet the objectives and requirements of Section 7.9; • 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 131 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 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. 7.9.6.2 Site Plan The Erosion and Sediment Control Plan shall include a site plan, stamped anc certified by a qualified Professional Engineer registered in Massachusetts or e Certified Professional in Erosion and Sediment Control, containing the followinc 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 stormwater. 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; 141 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 • 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 0&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. 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 Stormwater 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. 151 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 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 Stormwater 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. 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; 161 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 • 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 Stormwater Management Plan, the 0&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 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 57. 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. 171 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 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 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 under any applicable federal, state or local Presentation given by: • Bob LeLacheur - See Attached Finance Committee Report: No report exclusive of any other remedies available law. Bylaw Committee Report - given by Jeffery Struble: At the November 2, 2016 meeting it was voted to recommend this article by a vote of 4-0-0 Community Planning and Development Committee Report - given by John Weston: At the November 7, 2016 meeting CPDC voted 4-0-0 to support the revised language of this article. 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. Motion made by Gina Snyder, Precinct 5 to amend 7.9.3.2 as follows: 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 will not lead to noncompliance with the Town's MS4 permit requirements and is not inconsistent with the purpose and intent of Section 7.9. Motion Withdrawn 181 Page SUBSEQUENT TOWN MEETING Reading Memorial High School November 17, 2016 Preforming Arts Center Motion made by Gina Snyder, Precinct 5 to amend 7.9.7.1 as follows: 7.9.7.1 Design Standards The stormwater management measures set forth in the Stormwater Management Plan shall be designed to: (a) meet Standards 1-6, 9 and 1) retain the volume of runoff equivalent to, or greater than, one (1.0) inch multiplied by the total post -construction impervious surface area on the site AND/OR 2) Remove 90% of the average annual load of Total Suspended Solids (TSS) generated from the total post -construction impervious area on the site14 AND 60% of the average annual load of Total Phosphorus (TP) generated from the total post -construction impervious surface area on the site (for New Development) or (for Redevelopment), Standards 1-3 to the maximum extent feasible, and the pretreatment and structural best management practices requirements Massachusetts Stormwater Standards 5 and 6, and 1) Retain the volume of runoff equivalent to, or greater than, 0.80 inch multiplied by the total post -construction impervious surface area on the site AND/OR 2) Remove 80% of the average annual post -construction load of Total Suspended Solids (TSS) generated from the total post -construction impervious area on the site AND 500/b of the average annual load of Total Phosphorus (TP) generated from the total post -construction impervious surface area on the site ef the—Hassaehusetts Stermwate Manageffient Standards, as well as any post -construction design requirements adopted under Section 7.9.3.1. (b) To the extent that the project will discharge, directly or indirectly, to a water body subject to one or more pollutant -specific Total Maximum Daily Loads (TMDLs), implement structural and non-structural stormwater best management practices (BMPs) that are consistent with each such TMDL. (c) Avoid disturbance of areas susceptible to erosion and sediment loss. (d) Use Low Impact Development (LID) site planning and design strategies to the maximum extent feasible. Motion to Amend Does Not Carry Motion made by John Arena to refer this Article to Community Planning and Development Motion to Refer Does Not Carry After some discussion a vote was taken Motion Carried as Presented On Motion made by John Halsey the subject matter of Article 23 was taken off the table Motion Carried 191 Page Reading Memorial High School Preforming Arts Center ARTICLE 23: (1) Inserting a new ro Bylaw Section: Bylaw Title: and SUBSEQUENT TOWN MEETING November 17, 2016 Motion made by the Board of Selectmen to amend the General Bylaw by: w into the table in Section 1.8 of Article 1, to read as follows: Enforcing Person: Penalty - First Offense: Penalty - Second Offense: Penalty - Additional Offenses 8.12 Illicit Connections and Discharges into Municipal Storm Drain System Department of Public Works Board of Selectmen $100 $300 $300 (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 Chapter 21C, 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 201 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 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. 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 et 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 211 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 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 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 8.12 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 8.12, the DPW 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 Illicit 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. 8.12.6.3 Action by the Town to Remedy a Violation 221 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 If a violator fails to come into compliance by the deadline specified in an enforcement order, the DPW may do 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 DPW may remove an Illicit Connection immediately and take such other action as is necessary to protect public health, safety or the environment. Written notice of any remediation action undertaken by the DPW shall be provided to the property owner by hand within 48 hours of the commencement thereof or by certified mail postmarked no later than the next business day. 8.12.6.4 Recovery of Costs If the DPW undertakes remediation work pursuant to Section 8.12.6.3, 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 DPW and Board of Selectmen within such 30 days. The Board of Selectmen 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 Board of Selectmen 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 57. 8.12.6.5 Civil Relief If a person violates any provision of Section 8.12 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. 8.12.6.6 Criminal Penalty Any person who violates any provision of Section 8.12 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 complaint may be filed by the DPW or Board of Selectmen, with the authorization of the Board of Selectmen. 8.12.6.7 Non -Criminal Disposition (Ticketing) As an alternative to criminal prosecution, the DPW or Board of Selectmen 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. 8.12.6.8 Entry to Perform Duties Under this Bylaw To the extent permitted by 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 231 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 privately owned property for the purpose of performing their duties under Section 8.12 and may make or cause to be made such examinations, surveys, sampling, or remedial activities as the Town deems reasonably necessary. 8.12.6.9 Remedies Not Exclusive The remedies listed in Section 8.12 are not exclusive of any other remedies available under any applicable federal, state or local law. or take any other action with respect thereto. Background: This Article will adopt a by-law prohibiting any illicit discharges to the Town's storm drain system other than stormwater (runoff from rainwater or snowmelt). An illicit discharge is any discharge to the municipal storm drain system that is not entirely composed of stormwater. This excludes discharges pursuant to the National Pollutant Discharge Elimination System (NPDES) permit, including but not limited to uncontaminated ground water from sump pumps and discharges from foundation drains. Adoption of this bylaw is required by the federal NPDES permit which allows the Town to discharge stormwater from its storm drain system into local water bodies. This bylaw will allow the Town to eliminate and prevent pollution from entering the Town's storm drain system. It will give the Town a necessary tool to use to protect the water quality of local rivers, streams and all other water bodies promoting cleaner drinking water and thereby protecting the health and safety of the residents. The bylaw will be enforced by the Department of Public Works and the Board of Selectmen. Violation of this bylaw may result in a fine of up to $300. Presentation given by: • Bob LeLacheur - See Attached Finance Committee Report: No report Bylaw Committee Report - given by Jeffery Struble: A vote was taken at the November 2, 2016 and voted to support the Article with a vote of 4-0-0 Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 5-0-0 to support this Article. After some Discussion a vote was taken Motion Carried ARTICLE 24: Motion made by Community Planning and Development Commission to amend Section 4.3.1 of the Zoning Bylaw by renumbering Sections 4.3.2.2 through 4.3.2.6 thereof as Sections 4.3.1.2 through 4.3.1.6 respectively, and renumbering Section 4.3.3 as Section 4.3.2; or take any other action with respect thereto. Background: Article 24 is an amendment to correct a numbering error in Section 4.3 of the Zoning Bylaw. Section 4.3 Community Planning and Development Commission is a subparagraph of Administration (Section 4) that outlines the powers and responsibilities of the Community Planning and Development Commission. Presentation given by: • John Weston - See Attached 241 Page Reading Memorial High School Preforming Arts Center Finance Committee Report: Bylaw Committee Report: SUBSEQUENT TOWN MEETING No report No report November 17, 2016 Community Planning and Development Committee Report — given by John Weston: On Monday, July 11, 2016, the CPDC convened to hold a public hearing on the proposed Article 24. All documents were made available on the town website. The public hearing was held to provide an opportunity for comment and to determine whether the provisions of the proposed Zoning Bylaw Amendment shall be adopted by the Town. The July 11, 2016 public hearing was opened at approximately 8:30 PM Any comments received at the hearing were included as part of the record of the hearing. The public hearing was continued to Monday, August 8, 2016 at 8:30 PM to allow time for further discussion and public input. On August 8, 2016 the hearing was closed. The CPDC voted 3-0-0 to recommend Article 24 to Town Meeting. 2/3rds Vote Required Declared by Moderator 120 Town Meeting Members in Attendance Motion Carried ARTICLE 25: Motion made by John Weston, Community Planning and Development Committee place Article 25 on the table Motion to Table Carried ARTICLE 26: Motion made by Community Planning and Development Committee to amend the Zoning Bylaw by: (1) Inserting into Section 2.0, in appropriate alphabetical order, the following: Pet Grooming: the hygienic care and cleaning of any domesticated, non -exotic pet. and (2) Inserting into the Table of Uses for Business and Industrial Districts, set forth in Section 5.3.1, after the entries for "Animal Kennel," the following: PRINCIPAL USES BUS A BUS B BUS C IND PUD -B Overlav PUD -I Overla Pet Grooming Yes Yes I Yes Yes Yes Yes or take any other action with respect thereto. 251 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 Backaround: Article 26 is an amendment to Section 2.0 of the Zoning Bylaw, Definitions, and Section 5.3.1 of the Zoning Bylaw, Table of Uses for Business and Industria/ Districts. The purpose of the amendment is to create a new and separate definition for Pet Grooming and allow the Pet Grooming Use in the Business Districts (e.g., Downtown, South Main Street) and in the Industrial Districts (e.g., behind RMLD) "by -right" (meaning no need for a Special Permit). When the zoning bylaw was recodified in 2014 by the Zoning Advisory Committee (ZAC) Town Meeting adopted a new Animal Kennel definition that included pet grooming. The Animal Kennel use was only allowed by Special Permit in Business A, Industrial, and PUD -B, and PUD -I. This resulted in pet grooming businesses having to go an extra step and seek a Special Permit. Article 26 simplifies the zoning related to Pet Grooming. It creates a separate definition for Pet Grooming and streamlines the permitting of Pet Grooming by allowing it "by -right" in Business and Industrial Districts through amending the Table of Uses. Presentation given by: • John Weston — See Attached Finance Committee Report: No report Bylaw Committee Report: No report Community Planning and Development Committee Report — given by John Weston: On Monday, July 11, 2016, the CPDC convened to hold a public hearing on the proposed Article 26. All documents were made available on the town website. The public hearing was held to provide an opportunity for comment and to determine whether the provisions of the proposed Zoning Bylaw Amendment shall be adopted by the Town. The July 11, 2016 public hearing was opened at approximately 8:30 PM Any comments received at the hearing were included as part of the record of the hearing. The public hearing was continued to Monday, August 8, 2016 at 8:30 PM to allow time for further discussion and public input. On August 8, 2016 the hearing was closed. The CPDC voted 3-0-0 to recommend Article 26 to Town Meeting. 2/3rds Vote Required Declared by Moderator 120 Town Meeting Members in Attendance Motion Carried Motion made by John Weston, Community Planning and Development Committee to take Article 25 off the table Motion Carried 261 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 ARTICLE 25: Motion made by Community Planning and Development Committee to amend the Zoning Bylaw by deleting Section 4.6 thereof in its entirety and inserting, in place thereof, the following: 4.6 Site Plan Review 4.6.1 Purpose and Authority 4.6.1.1 Site Plan Review is a means of protecting the public interest through evaluating impacts of new development and redevelopment of land and structures within the Town of Reading. Site plan review is designed to manage aesthetics, minimize the potential for conflicts among uses and limit the impacts, through imposition of reasonable conditions, of uses that are otherwise permitted in the applicable district. The CPDC administers the Site Plan Review process for the following purposes: a To protect and promote the health, safety, convenience, and general welfare of the inhabitants of the Town of Reading, and to ensure the integrity of its neighborhoods; b To oversee acceptable site planning practices and to promote desirable architectural design within the Town of Reading; c To address development issues comprehensively while ensuring a streamlined and efficient development review process; d To provide for appropriate mitigation measures as a result of increased impacts to municipal services and infrastructure; e To ensure consistency in the application of development standards and guidelines, and; f To ensure proper monitoring and enforcement of Reading zoning and development regulations. 4.6.1.2 Guidelines, Regulations and Standards a The CPDC may adopt reasonable Guidelines, Regulations and Standards governing procedures to be used for the administration of Site Plan Review. b The proposed Guidelines, Regulations and Standards shall be submitted to all CPDC members at least 48 hours prior to any vote on their adoption, provided, however, that the CPDC may make such amendments to the proposed Guidelines or Regulations as it deems appropriate at said meeting. c Upon adoption of any Guidelines, Regulations and Standards by the CPDC, a copy thereof shall be filed with the Town Clerk. 4.6.2 Applicability 4.6.2.1 Single-family and two-family structures are exempt from Site Plan Review. Routine maintenance, and in-kind replacement of lighting, mechanical systems and landscape features are exempt from Site Plan Review. 4.6.2.2 Except as otherwise specified in Section 4.6.2.1, Site Plan Review is required if the proposed construction or site alteration involves any of the following: a An increase in gross floor area of 500 square feet or more; or b A change of use (from one use category to another) within an existing institutional, commercial, or multi -family structure; c the addition of 2 or more parking spaces, a change to the layout or location of 2 or more parking spaces, an increase in pavement of more than 300 square feet, or the alteration of any driveway. 4.6.2.3 Except as otherwise specified in Section 4.6.2.1 or Section 4.6.2.2, Minor Site Plan Review is required if the proposed construction or site alteration involves any of the following: 271 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 a Exterior alteration of 500 square feet or more of horizontal or vertical area that is limited to doors, paint, awnings, railings, step replacement, handicapped ramps or building code compliance measures, for a site within the Business B Zoning District; b Redevelopment or alteration of a site, or the interior of a building, in such a manner that the proposed site or building function is anticipated to generate unreasonable visual or auditory impacts to abutters. G An existing site that becomes a nuisance to public health, safety or welfare (i.e. due to routine traffic spillover, excessive noise, site illumination beyond the hours of operation, etc.) as evidenced by substantiated complaints to the Police Department and/or Public Services Office. 4.6.2.4 Coordination with Special Permit a Where proposed construction or site alterations require both site plan review and one or more Special Permits, the CPDC shall be the SPGA. b Where both a Special Permit and Site Plan Review are required, the applicant shall seek both forms of relief simultaneously, and the CPDC shall generally conduct its review of both applications contemporaneously. 4.6.3 Minor Site Plan Review 4.6.3.1 The CPDC, through regulation, may authorize the Community Development Director to grant Administrative Approval for a Minor Site Plan Review with or without conditions provided the proposed construction, expansion or alteration is not anticipated to result in any adverse impact on surrounding areas. 4.6.3.2 Minor Site Plan Review Procedures The Applicant shall submit to the CPDC through the Community Development Director, one electronic copy and six (6) sets of plans showing the following: 1 A written narrative explaining the proposed changes; 2 Photographs of the existing site or area to be altered; and 3 A rendering, site plan, plot plan or sketch. For Minor Site Plan Review by the CPDC, the Applicant shall also submit one (1) set of stamped addressed envelopes in order for the Community Development Director to mail notification of the Minor Site Plan Review to abutters. The Minor Site Plan Review shall not be considered complete, and a building permit shall not be issued, until a written approval is issued by the CPDC. 4.6.3.3 Waiver of Loading Zone Space Requirements Upon the applicant's request and submission of supporting documentation, the Community Planning and Development Commission may waive the requirements of Section 9.1 of the Zoning Bylaw as to the number of loading zone spaces upon a finding that there will be no adverse impact on surrounding areas. 4.6.3.4 Waiver of Parking, Loading Space and Related Design Requirements in the Business Districts Upon the Applicant's request and submission of supporting documentation, the Community Planning and Development Commission may waive or reduce the requirements of Section 9.1 for a site located in the Business Districts upon a finding that there will be no adverse impact on surrounding areas. 4.6.4 Site Plan Review 4.6.4.1 Procedures 281 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 a An Applicant shall submit to the CPDC through the Community Development Director, for review and decision in accordance with the provisions of Section 4.6, the following: • Five (5) full size (24x36) copies of the site plan & architectural drawings; • Six (6) half size (11x17) copies of the site plan & architectural drawings; • Ten (10) copies of the application, narrative & supporting materials; • Four (4) drainage reports; and • One (1) electronic version of everything submitted. b The contents of the application shall be as specified in the CPDC Site Plan Review Guidelines, Regulations and Standards. The CPDC may, at its discretion, waive the requirement to submit any required materials that it determines are not needed. c Within ten (10) business days of submitting an application for a Site Plan Review, the Community Development Director shall notify the Applicant of any issues related to the completeness of the application. If all required materials have been submitted, the application shall be date stamped by the Community Development Director. If all required materials have not been submitted, the Applicant shall be issued a written notice identifying which specific items are outstanding. No hearing date shall be scheduled until the Community Development Director deems the application to be complete. d Within five (5) days of the date stamp, the Community Development Director shall transmit one (1) copy of the application and plan to the Building Inspector, Director of Public Works, Fire Chief, Police Chief, and any other Town official whose review is requested. Such officials may, at their discretion, investigate the application and report their recommendations in writing to the CPDC. e The CPDC shall schedule a public hearing for all Site Plan Review applications to be held within forty-five (45) days of the date stamp. This public hearing shall be advertised in the local newspaper once in each of two successive weeks prior to the meeting and a notice shall be sent to property owners within 300 feet of the subject property. Within forty-five (45) days of conclusion of the public hearing, the CPDC shall, approve, approve with conditions, or deny the Site Plan Review application and file a written decision with the Town Clerk. f The Applicant may request, and the CPDC may grant, an extension of the time limits set forth herein. g The Applicant shall satisfy or comply with all of the conditions of a Site Plan Approval prior to the issuance of a building permit except for those conditions that, by their terms, are intended to be satisfied during construction or later. The building permit application shall be accompanied by one (1) paper copy and one (1) electronic copy, in a format acceptable to the Building Inspector, of the plan that received Site Plan Approval, as well as a letter issued by a registered professional engineer, registered architect or registered landscape architect certifying, under pains and penalties of perjury, that such plan is consistent in all respects with the plan approved by the CPDC, and that all required conditions of Site Plan Approval have been satisfied. h The Applicant shall satisfy or comply with all of the conditions of a Site Plan Approval prior to the issuance of a final certificate of occupancy unless otherwise specifically stated in the Site Plan Approval. 4.6.5 Review Criteria 4.6.5.1 All construction and site alterations subject to Site Plan Review shall be designed, after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the proposed construction and/or alteration, so as to: a Minimize the volume of cut and fill, the number of removed trees six inch (6") caliper or larger, the length of removed stone walls, the area of wetland vegetation 291 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 displaced, the extent of stormwater flow increase from the site, the amount of soil erosion, and the threat of air and water pollution; b Maximize pedestrian, bicycle and vehicular access and safety, both on the site and entering and exiting the site; c Minimize obstruction of scenic views from publicly accessible locations; d Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or from residential properties; e Minimize glare from headlights and light pollution emitted from on-site lighting fixtures; f Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places; g Ensure compliance with applicable regulations governing on-site waste -water disposal systems; h Minimize contamination of groundwater from operations on the premises involving the use, storage, handling, or containment of hazardous substances; i Provide appropriate landscaping and other site amenities so as to enhance the visual character of the property; j Minimize environmental and other impacts to adjacent properties through appropriate restrictions of hours of operation, deliveries, noise, rubbish removal and storage, or by other appropriate means. k Provide adequate access to each structure for fire, public safety and emergency service equipment; Provide adequate utilities and water and sewer service; m Provide stormwater drainage and roadway and driveway layouts consistent with the functional requirements of the Town of Reading's Subdivision Rules and Regulations, any applicable federal, state and local regulations, and the standards of the Department of Public Works; n Minimize impacts to abutting residential development; and o Otherwise demonstrate compliance with the Zoning Bylaw. 4.6.5.2 The CPDC shall apply the criteria set forth in Section 4.6.5.1 to determine whether an application for Site Plan Review should be approved, approved with conditions or denied. 4.6.6 Lapse A Site Plan Approval shall lapse two (2) years after the date of its issuance if construction pursuant thereto has not begun; provided however, that the CPDC may grant an extension of the two (2) year period, for a maximum of one (1) year, upon a finding of good cause, including the need to obtain other local, state, and federal permits duly applied for, at the written request of the applicant, if submitted to the CPDC at least thirty (30) days prior to the expiration of the two (2) year period. 4.6.7 Approval, Conditions, & Continuation of Site Plan Review The CPDC shall file a written decision with the Town Clerk stating that the application is approved as submitted, approved with conditions, or denied in accordance with Section 4.6.4.1 (e). The CPDC may impose conditions on any Site Plan Approval that it deems necessary or desirable. 4.6.8 Advertising, Consultant Fees and Reports In addition to any application or advertisement fees required by the CPDC's Guidelines, Regulations and Standards, the CPDC is authorized, at any point during the hearing or deliberations prior to a final decision, to require an Applicant to pay a consultant fee upon a 301 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 finding that additional information, available only through an expert consultant, is necessary prior to making a decision. Any Applicant aggrieved by the CPDC's selection of an outside consultant may appeal such selection to the Board of Selectmen; provided, however, that the grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess either an educational degree in or related to the field at issue or three or more years of practice in the field at issue or a related field. Any unused portion of the consultant fee shall be returned to the applicant unless the CPDC decides at a public meeting that additional services will be required. The CPDC may, at its own discretion, waive any application or filing fee or consultant fee if the application is submitted by a government agency, including the Town and all its departments. 4.6.9 Modifications to Approved Site Plan A meeting with the Community Development Director prior to filing a modification request is recommended. 4.6.9.1 Major Modification If, at any time before or during development, it becomes necessary or desirable for an Applicant to make modifications to a Site Plan, the Applicant shall appear at a regular meeting of the CPDC and submit, if required by the CPDC, plans showing the modification. Modification requests shall be processed in accordance with the rules governing Site Plan Review unless, upon review and determination by the Community Development Director, the proposed changes qualify as a Minor Modification pursuant to Section 4.6.9.2. The following changes shall be deemed to qualify as a Major Modification: a Any relocation or shifting of structures or parking areas; b Any increase in the gross floor area of structures or any changes to the building envelope; c Any change that requires additional water or sewer usage or the relocation of water and sewer utilities; d Any increase in impervious areas, either by changes to structures or paved parking areas; e Substantial changes to the approved architectural drawings, including changes in building materials and color. 4.6.9.2 Minor Modification At the discretion of the Community Development Director, Minor Modifications may require that the Applicant appear at a regular meeting of the CPDC, or may be granted through an Administrative Approval. A proposed change may qualify for Administrative Approval as a Minor Modification if it would not substantially alter the concept of the approved Plan in terms of the qualities of the specific location, the proposed land use, the design of building form and approved building details and materials, site grading or egress points, and minor changes in site layout, topography, architectural plans, landscaping plan, traffic circulation, parking, lighting plan, signage or open space. 4.6.9.3 Site Plan Modification 311 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 Upon approval of a Site Plan Modification, the Applicant shall submit one (1) paper copy and one (1) electronic copy, in a format acceptable to the Building Inspector, of the modified plan, as well as a letter issued by a registered professional engineer, registered architect or registered landscape architect certifying, under pains and penalties of perjury, that the modified plan is consistent in all aspects with the approved modification and that all conditions of approval have been satisfied. 4.6.10 Appeal Any person aggrieved by a decision of the CPDC pursuant to Section 4.6 may appeal such decision to the Zoning Board of Appeals within twenty (20) days of the date filed with the Town Clerk. or take any other action with respect thereto. Background: Article 25 is an amendment to Section 4.6 of the Zoning Bylaw, Site Pian Review whereby the current 4.6 is deleted in its entirety and a new 4.6 is inserted. Site Plan Review is a subparagraph of Administration (Section 4). Site Pian Review, administered by the CPDC, is used to manage the impacts of new development and redevelopment of land and structures. Article 25 clarifies sections of Site Plan Review to make this easier for staff to administer and for applicants to understand. Minimizing conflicts among uses and limiting impacts is a major goal of Site Pian Review. The Public Services Department has received complaints related to recent redevelopment as well as older developments that generate noise, traffic, and other impacts, that were not subject to Site Pian Review. The modifications in Article 25 are designed to fine tune the application of Site Pian Review to reduce conflict. Some uses and proposed alterations are exempt from Site Plan Review, but, the exemptions related to replacement and routine maintenance needed to be clarified. The current Site Pian Review exemption in Section 4.6.2, Single Family and Two Family structures, remains unchanged. The other exemption, routine maintenance and in-kind replacement, is modified under Article 25 to clarify. Article 25 has new language explaining that "routine maintenance and in-kind replacement" shall include work related to lighting, mechanical systems, and landscape features. This article also clarifies the triggers for Minor Site Pian Review. Article 25 streamlines reviews in Business B (Downtown, REI) permitting smaller projects such as new doors and railings to be administered under Minor Site Pian Review (see Section 4.6.2.3). Article 25 seeks to modify Minor Site Pian Review to regulate any development or redevelopment project that could pose an auditory or visual impact but that otherwise falls below the stated thresholds for Site Pian Review (Section 4.6.2.3). It also allows the CPDC to regulate any nuisance impacts related to a development or redevelopment project, even after it is constructed, under Minor Site Pian Review. Article 25 clarifies Minor Site Pian Review including the process for staff review. Modifications to an approved site plan are clarified including what constitutes a Major Modification which is important as it is referenced in the Site Plan Review decisions issued by CPDC. Presentation given by: • John Weston - See Attached Finance Committee Report: No report Bylaw Committee Report: No report 321 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 Community Planning and Development Committee Report — given by John Weston: On Monday, July 11, 2016, the CPDC convened to hold a public hearing on the proposed Article 25. All documents were made available on the town website. The public hearing was held to provide an opportunity for comment and to determine whether the provisions of the proposed Zoning Bylaw Amendment shall be adopted by the Town. The July 11, 2016 public hearing was opened at approximately 8:30 PM Any comments received at the hearing were included as part of the record of the hearing. The public hearing was continued to Monday, August 8, 2016 at 8:30 PM to allow time for further discussion and public input. On August 8, 2016 the hearing was closed. The CPDC voted 3-0-0 to recommend Article 25 to Town Meeting. Motion made by Tony Torra, Precinct 1 to amend 4.6.2.1 as follows: 4.6.2.1 Properties containing single-family afird or two-family structures are exempt from Site Plan Review. Routine maintenance, and in-kind replacement of lighting, mechanical systems and landscape features are exempt from Site Plan Review. Motion Carried After some Discussion a vote was taken 2/3rds Vote Required Declared by Moderator 120 Town Meeting Members in Attendance Motion Carried as Amended On motion by John Halsey, Board of Selectmen it was voted that this Subsequent Town Meeting stand adjourned to meet at 7:30 PM at the Reading Memorial High School Preforming Arts Center, on Monday, November 21, 2016. Meeting adjourned at 10:38 PM with 120 Town Meeting Members in attendance. Motion Carried A true copy Attest: Laura A Gemme, CMMC Town Clerk 331 Page 4/13/2017 4/13/2017 4/13/2017 4/13/2017 2 "Only a Teacher?" Ivan Welton Fitzwater "I am a teacher! What I do and say are being absorbed by young minds who will echo these images across the ages. My lessons will be immortal, affecting people yet unborn, people I will never see or know. The future of the world is in my classroom today, a future with the potential for good or bad. The pliable minds of tomorrow's leaders will be molded either artistically or grotesquely by what I do. Several future presidents are learning from me today, so are the great writers of the next decades, and so are all the so-called ordinary people who will make the decisions in a democracy... Only a teacher? Thank Goodness I have a calling to the greatest profession of all! I must be vigilant every day lest 1 lose one fragile opportunity to improve tomorrow." 4/13/2017 5 4/13/2017 Have a great April Vacation!