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HomeMy WebLinkAbout2016 Annual Report Part 5 Appendix A continuedSUBSEQUENT TOWN MEETING Reading Memorial High School November 14, 2016 Preforming Arts Center The Precincts listed below met at 7:00 PM to conduct the following business: Precinct 2 - Met with no business conducted, lack of quorum The meeting was called to order by the Moderator, Alan E. Foulds, at 7:31 PM, there being a quorum present. The Invocation was given by Philip Pacino, Precinct 5 followed by 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 all motions in their entirety. ARTICLE 1: To hear and act on the reports of Trustees, Municipal Light Board, Finance Committee, and any other Town Official, Board or Committee. Reports given: Municipal Light Board Coleen O'Brien, General Manager the Board of Selectmen, School Committee, Library Bylaw Committee, Town Manager, Town Accountant Reading Municipal Light Department (RMLD) made significant progress over the last year in meeting its goals to reorganize, increase efficiency measures, reduce peak demand, improve employee skill sets, address reliability in short- and -long term maintenance and system capacity issues. The electric industry remains volatile while the New England area rates continue to rise due to capacity and transmission costs. The region has also made a major move towards embracing renewables, including solar. While RMLD has positioned itself to capture the benefits of the renewables for its customers, e.g. RMLD's new Community Solar Choice Program, RMLD must at the same time focus on mitigating revenue impacts that the renewables may pose as a competition to electric sales. Solar, for example, can be a challenge for the enterprise side of RMLD, as well as how it impacts the physical balancing and safety of the electrical system itself. To re- emphasize our continued efforts over the past year, RMLD remains in a transition phase from reactive to proactive. A quality electric utility must have the ability to be proactive in all disciplines of planning, including system function and operation, staffing, succession and skill training. It must have the ability to be reactive through planned reaction procedures to unforeseen events, such as weather and power market volatility. It must be diligent in ensuring that its plans and strategies are reviewed at such a frequency so as to ensure that the utility stays aligned with the path of success. RMLD staff has continued its hard work to review, develop and implement all of the necessary actions to ensure a high level of quality. The focus of peak reduction remains one of the key factors in rate cost savings. Shaving our peak usage during peak periods, typically during hot summer months, has intensified. The savings associated with the shaving of just one megawatt during peak hours is now worth more than double it was last year. Communication efforts, Twitter, and a whole host of RMLD programs, now target peak reductions. In fact, our school educational piece will focus on the benefits of shaving the peak with a new and more hip motto of "SHRED THE PEAK." 11 Page 418 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 The institutions of higher education have long been known for their ability to implement change management through the education of children up to their parents. For example, recycling. Our schools have made excellent headway in changing the way our children and we as adults look at waste, its cost and its overall impact to our environment. Recycling is now a common household term. RMLD wants to utilize the same strategies from the ground up to educate about the value of conservation, especially during peak demand times, when the price of electricity is at its highest and when most of the ,more inefficient and environmental impacting generators are called for action. Our cover art depicts skate boarders SHREDDING THE PEAK. Looking forward, the RMLD will be changing its T -Shirt contest to an art contest on this theme. The art work will be displayed in RMLD using recycled . framing. RMLD will be looking to introduce a similar contest into the high school art program using a blend of mixed media like photography to depict similar conservation and peak reduction aspects. Join us in our continued efforts to get greener, be efficient, go paperless, and SHRED THE PEAK. Motion made by John Halsey, Board of Selectmen and Article 1 was tabled Motion Carried ARTICLE 2: Motion made by John Halsey, Board of Selectmen and Article 2 was tabled Motion Carried ARTICLE 3: Motion made by the Board of Selectmen that the Town vote to amend the FY 2017 -27 Capital Improvements Program as provided for in Section 7.7 of the Reading Home Rule Charter and as previously amended, by making these changes: General Fund FY17: +14,000. $50,000 DPW Sidewalk Plow (trade -in to acquire new $130,000 unit) $30,000 DPW /Engineering Scanner /Plotter (moved up from FY18) + $19,000 School van (total now $55,000) + $15,000 West Side Fire roof repair (total now $90,000) - $100,000 Reduce allocation to cemetery space needs evaluation FY18: $215,000 $135,000 DPW Screener (replace 1994 equipment - moved up from FY20) - $350,000 RMHS Boilers (defer to FY20 as part of larger energy efficient review) FY19: + Various other changes made Enterprise Funds - Water FY17: +$300,000 $320,000 water main work and related repairs + $15,000 unidirectional flushing program (now $45,000) 21 Page 419 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 - $35,000 Car number 2 Reduce debt service by $300,000 in Article 11 - no net change in. capital + debt; FY17 Debt service further reduced by $23,947 due to refinancing FY18• +$135,000 $150,000 Replace Truck #6 (move up from FY20 and increase by $30k) $60,000 Emerald & Lothrop Booster station design ($75,000) SCADA Upgrade - not needed Reduce debt service by $499,300, combination of $18,300 refinancing savings and delaying $481,000 of debt issuance for water main repair projects FY19• + Various changes made Enterprise Funds - Sewer FY17: None FY18: None Reduce debt service by $488,571 - Charles & Sturges sewer station debt issuance delayed FY19• + Various changes made Enterprise Funds - Storm Water FY17: None FY18• $0 Reduce debt service by $570,917 by delaying debt issuance for $1.55 million for 3 drainage projects: Sturges ($0.2mil) /Main ($0.9mil) / Minot ($0.45mil) FY19• + Various changes made Background: This Article is included in every Town Meeting Warrant. The Reading General Bylaw - section 6.1.3 states "... No funds may be appropriated for any capital item unless such item is included in the Capital Improvements Program (CIP), and is scheduled for funding in the Fiscal Year in which the appropriation is to be made." Bond ratings agencies also want to ensure that changes to a long -term CIP are adequately described. Reading Memorial High School construction litigation Once the final settlement is reached, the capital plan for the General Fund will be rearranged to accommodate any debt that is required. A draft plan that is thought to be worst case in terms of deferring capital spending has been prepared and will be published as soon as possible. Facilities, Recreation and Public Works Equipment spending are deferred by various time frames. Presentation given by: Bob LeLacheur - See Attached Finance Committee Report - given by Peter Lvdecker: The Finance Committee recommends the proposed amendments to the FY 2017 - FY 2027 Capital Improvements Program by a vote of 9 -0 -0 at their meeting on November 14, 2016. Placing items in the Capital Improvement Program is a prerequisite but in itself does not authorize spending funds towards these items. 31 Page 420 Reading Memorial High School Preforming Arts Center Bylaw Committee Report: Board of Selectmen Report: this Article. Motion Carried SUBSEQUENT TOWN MEETING November 14, 2016 No report The Board of Selectmen on October 4, 2016 voted 4 -0 -0 to support Motion made by John Halsey, Board of Selectmen to temporally adjourn Subsequent Town Meeting at 8:01 PM to conduct business a separate Special Town Meeting. Motion Carried Subsequent Town Meeting was called back to order by Alan Foulds, Town Moderator at 8:03 PM ARTICLE 4: Motion made by the Board of Selectmen that the Town to vote to authorize the Board of Selectmen to sell, exchange, or dispose of, various items of Town tangible property, upon such terms and conditions as they may determine; as listed below: Presentation given by: • Bob LeLacheur - See Attached Finance Committee Report - given by Marc Moll: . At their meeting on November 14, 2016 the Finance Committee recommends the subject matter of this Article by a vote of 9 -0 -0. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4 -0 -0 to support this Article. Motion Carried 41 Page 421 Item Est Value Disposal Method —Dept DPW Sidewalk Plow C480 (2012 - 741 hours but defective $80,000 Trade -In DPW Front End loader $15,000 Trade -in PS /Fire GMC Horton Ambulance 2006 $10,000 Trade -in PS /Fire Lucas Device /EMS $4,000 Trade -in DPW (w) Ford F350 -2WD Diesel 2004 $2,500 Auction DPW Engineering Plotter Cannon iPF810 $2,000 Trade -in DPW Engineering Scanner KIP 7100 $2,000 Trade -in DPW Utility Trailer 1989 $1500 Auction Schools Comdial phone s stem (Coolidge) $575 Trade -in Presentation given by: • Bob LeLacheur - See Attached Finance Committee Report - given by Marc Moll: . At their meeting on November 14, 2016 the Finance Committee recommends the subject matter of this Article by a vote of 9 -0 -0. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4 -0 -0 to support this Article. Motion Carried 41 Page 421 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 ARTICLE 5: Motion made by the Board of Selectmen that the Town vote to appropriate the premium paid to the Town upon the sale of bonds issued for the purpose of constructing a new library, and for the payment of all costs incidental and related thereto, which bonds are the subject of a Proposition 21/2 debt exclusion, to pay costs of the project being financed by such bonds, and to reduce the amount authorized to be borrowed for such project by the same amount. Background: This Article is for financial housekeeping only Recall that the approximate funding for the Library project is as follows: $18.4 million Total as authorized by Town Meeting and then approved by the voters $ 5.1 million State grant from the Board of Library Commissioners $13.3 million Expected local share, as a debt exclusion On January 15, 2015 and then on June 21, 2016 the town sold a total of $12.115 million par value of debt at a premium price (therefore with a higher interest cost) that covered the $13.3 million local share. An Article at the Special Town Meeting in February 2015 made a technical correction for that first sale, and this Article requests the same for the most recent sale. MA DOR requires that Town Meeting must vote to reduce the original authorization (as amended by Special Town Meeting in February 2015) by the amount of the $230,000 premium received in June 2016. This is a technical correction only - it has no impact on the amount that taxpayers are being -asked to pay. Presentation given by: Bob LeLacheur - See Attached Finance Committee Report - given by Vanessa Alvarado: At their meeting on October 4, 2016 the Finance Committee recommends the subject matter of this Article by a vote of 8 -0 -0. This article is a financial technical correction only and is required by the auditors. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4 -0 -0 to support this Article. Motion Carried ARTICLE 6: Motion made by the Board of Selectmen that the Town vote to amend the votes taken under Articles 7 and 9 of the November 8, 2010 Subsequent Town Meeting to reduce the amounts authorized thereby for MWRA Water Bonds by $235,000 and for the Killam School Remodeling Project by $3,050 respectively; or take any other action with respect thereto. Background: This Article is also for financial housekeeping only Debt had been authorized for the above projects, and the final costs were known to be less by the amounts stated above before the debt was sold. This Article removes the excess debt authorized. Presentation given by: • Bob LeLacheur - See Attached 5 1 P a g e 422 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 Finance Committee Report — given by Anne Landry: At their meeting on October 4, 2016 the Finance Committee recommends the subject matter of this Article by a vote of 8 -0 -0. This article is a financial clean -up only and is suggested by the auditors. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4 -0 -0 to support this Article. Motion Carried ARTICLE 7: Motion made by the Board of Selectmen that the Town vote to appropriate, in accordance with Chapter 44, Section 10 of the Massachusetts General Laws, the sum of $141,224.72, to be added to the amounts appropriated under Article 6 of the January 28, 2013 Special Town Meeting and Article 6 of the February 13, 2014 Special Town Meeting for the purpose of renovating and expanding the Reading Public Library located at 64 Middlesex Avenue, including the costs of consulting services, audits, plans, documents, cost estimates, bidding services, temporary relocation and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and to see if the Town will authorize the Board of Library Trustees, Board of Selectmen, Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of, said improvements; and to authorize the Board of Library Trustees and /or the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of.this Article from the following available funds: ♦ $120,360.79 to be transferred from the unexpended proceeds of the Town's bonds, dated June 21, 2016, which were issued for RMHS Retaining Wall pursuant to the vote taken under Article 6 of the April 27, 2015 Special Town Meeting; ♦ $13,130,86 to be transferred from the unexpended proceeds of Town's bonds dated June 21, 2016, which were issued for Modular Classrooms pursuant to the vote taken under Article 5 of the April 27, 2015 Special Town Meeting; ♦ $7,728.07 to be transferred from the unexpended proceeds of the Town's bonds, dated November 1, 2007, which were issued for Downtown Improvements pursuant to the vote taken under Article 18 of the April 23, 2007 Annual Town Meeting; and ♦ $5.00 to be transferred from the unexpended proceeds of the Town's bonds, dated August 1, 2009, which were issued for the purpose of Energy Improvements pursuant to the vote taken under Article 15 of the April 27, 2009 Annual Town Meeting; and to authorize the Town Manager to take any action necessary or appropriate to carry out this project; provided, however that this vote shall not take effect until the Town Manager determines, in his sole discretion, that sufficient funds have been authorized to complete the project in a satisfactory manner. Background: This Article is also for financial housekeeping, but will need more discussion Debt had been authorized for the above projects, and the final costs were not known before the debt was sold. This Article moves $141,224.72 in debt already sold for these four projects to the Library project as available additional funding. State finance law limits what projects may receive these types of transfers, and the Library building project is eligible, subject only to this Town Meeting approval. If this transfer is not approved, by law the town must find another candidate project within the general fund. The West Street roadway project is the only other possibility, but as of this writing the local share is fully funded. 61 Page 423 r SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 The Library building project as it comes down to the wire will need additional funding, which is described below. If this Article is approved, the project authorization and funding would change from that cited in Article 5 to be as follows: $18,541,224.72 Authorized by Town Meeting $ 141,224.72 Approved inside the tax levy $18,400,000 Approved as debt exclusion by voters $ 5,100,000 State grant from the Board of Library Commissioners $13,300,000 Debt exclusion, already issued Library Project - Summary As of this writing in late September, the project is up to an estimated $149,000 over budget for known costs. Additionally, in order to keep the project on schedule the Town Manager directed the contractor to do work valued as high as $100,000 and acknowledged there was a dispute as to who was ultimately responsible for that cost. Thus right now the worst case is a $250,000 over budget situation, but the final amount is expected to be lower, possibly within the bounds of this additional $141,224.72 cited above. Note that this project was established prior to the formation of the Permanent Building Committee (PBC). Instead this project has an ad -hoc Library Building Committee (LBC) which consists of three volunteers involved in design and construction from the community, two Library Trustees, one Library staff member appointed by the Library Director and one other member appointed by the Town Manager (as revised in June 2014). The LBC is advisory to the Facilities Director, who is in turn advisory along with the hired Owner's Project Manager (OPM) to the Town Manager. Therefore it is the Town Manager that takes full responsibility for any project cost overage. Please note that two of the LBC community members (who are also fellow Town Meeting members) are part of the five - member PBC, so the ensuing dialogue on the most efficient and effective way to manage a future building project has been robust. The PBC expects to bring suggested General Bylaw changes to Town Meeting in April 2017 based on these discussions. The current bylaw suggests the PBC would serve as the final authority for building projects. The Library building project had a traditional amount of contingency funds set aside at the beginning, meant to handle .unexpected conditions (UC) and change orders (CO). CO are typically driven by the imperfect coordination of project design and construction, and by the owner deciding on a different course of action as the project unfolds. Each of those types of CO have occurred in this project, resulting in a few months of additional time as well as additional costs. Experts cite this CO part of the project as being handled by the traditional contingency funding. In contrast, UC have occurred at a cost above typical contingency funding levels. The two most significant types of UC involve: 1) site conditions - significant ledge under the rear parking lot, not revealed by early test borings; and 2) existing building conditions - poor quality work on previous construction projects not revealed by testing and only evident upon significant demolition. Each of ' these facts has served as a lesson learned for project management and the PBC. Better pre - project initial funding and site exploration should have revealed the ledge condition. Instead, significant efforts to break up what was thought to be little bits of ledge' ultimately led instead to a mid - project re- design and relocation of the drainage and stormwater systems. It is more difficult to determine if the relatively poor condition of the existing building could have been ascertained, but the lesson learned here has been to not repeat that mistake. This Library building project in 2016 could have been kept under budget had shortcuts been chosen, as they clearly had been in the 71Page 424 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 past. However, the project management team consistently ordered that work done on the Library be completed to a 50 -year construction standard. For example, significant water - proofing efforts were done and then redone on the foundation - it is clear that for the last significant building renovation that this cost was skipped, resulting in flooding of the basement on a regular occasion. The Library .Building Committee, meeting monthly with the project management team, has been aware of budget overages for several months, although as of this writing none of us know what the final outcome will be. Along the way, some project costs were absorbed outside the project by DPW, Facilities, the Library Trustees, Technology and the Town Manager's Office. Some costs outside the original scope of the project were done as part of it, because labor and materials were handy and comparatively less expensive. For example, repairs to the retaining wall on Deering Street were budgeted, but the condition upon some excavation was far worse than imagined, so the entire wall was rebuilt, as it would need to be eventually. In summary, given the design and location choice, Town Meeting should be confident that this project was done the right way. The collaboration, communication and cooperation between all the stakeholders has been excellent ... if exhausting at times. Under the design direction of the architect, Library staff and Trustees; the project oversight by the OPM and the Facilities Director; and with the hard work of the general contractor and all of the trades subcontractors, the community will have a building to be proud of for many years. Presentation given by: Bob LeLacheur - See Attached Finance Committee Report - given by David Neshat: At their meeting on October 4, 2016 the Finance Committee recommends the subject matter of this Article by a vote of 8 -0 -0. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4 -0 -0 to support this Article. After some discussion a voted was taken 2 /3rds Vote Required 130 Voted in the affirmative 5 Voted in the negative 146 Town Meeting Members in Attendance Motion Carried ARTICLE 8: Motion made by the Board of Selectmen that the Town vote to appropriate; in accordance with Chapter 44, Section 10 of the Massachusetts General Laws, the sum of $69,970.09, to be added to the amounts appropriated under Article 7 of the September 29; 2014 Special Town Meeting for the purpose of making water main improvements, including paying the costs of easements, consulting services, audits, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and to see if the Town will authorize the Board of Selectmen, Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of, said water main improvements; and to authorize the Town Manager to enter into any and all contracts and 81 Page 425 SUBSEQUENT TOWN MEETING Reading Memorial High School November 14, 2016 Preforming Arts Center agreements as may be necessary to carry out the purposes of this Article from the following available funds: ♦ $42,868.89 to be transferred from the unexpended proceeds of the Town's bonds, dated January 1, 2005, which were issued for Water Treatment Plant design pursuant to the vote taken under Article 11 of the November 10, 2003 Subsequent Town Meeting; ♦ $26,707.20 to be transferred from the unexpended proceeds of the Town's bonds, dated February 1, 2009, which were issued for Water Treatment Plant demolition pursuant to the vote taken under Article 9 of the June 30, 2008 Special Town Meeting; and ♦ 394.00 to be transferred from the unexpended proceeds of the Town's bonds, dated November 1, 2007, which were issued for MWRA Buy pursuant to the vote taken under Article 4 of the June 12, 2006 Special Town Meeting; and to authorize the Town Manager to take any action necessary or appropriate to carry out this project; provided, however that this vote shall not take effect until the Town Manager determines, in his sole discretion, that sufficient funds have been authorized to complete the project in a satisfactory manner. Background: This Article is also for the financial housekeeping done under Article 7, but for funds in the Water Enterprise Fund. Debt had been authorized for the above projects, and the final costs were not known before the debt was sold. This Article moves $69,970.09 in debt already sold for these three projects to the $3.45 million water main project as available additional funding. The first phase of this work was for the Salem Street project done this summer, for which $1.115 million in debt has been sold. If approved, this $69,970.09 in funding will be added to ongoing water main work. The remaining $2.335 million in debt authorized is expected to be increased in April 2017 to $3 million and then issued within one year. Presentation given by: • Bob Lel-acheur - See Attached Finance Committee Report - given by Mark Dockser: At their meeting on October 4, 2016 the Finance Committee recommends the subject matter of this Article by a vote of 8 -0 -0. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4 -0 -0 to support this Article. After some discussion a voted was taken 2 /3rds Vote Required Declared by Moderator 146 Town Meeting Members in Attendance Motion Carried ARTICLE 9: Motion made by the Board of Selectmen that the Town vote to appropriate the sum of $1,688,000 (consisting of $422,000 in low interest loans and $1,266,000 in grant funds) for the purpose of making extraordinary repairs to or replacement of sanitary sewer collection systems, including the costs of consulting services, audits, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the 91 Page 426 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 direction of the Town Manager; and to see if the Town will authorize the Board of Selectmen, Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of, said sanitary sewer improvements; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article. Background: This Article and the Background below are identical to that shown to Annual Town Meeting in April 2015. However the motion approved by that Town Meeting on the floor only referenced the $422,000 of low- interest loans highlighted below as debt authorization, when in fact it should have also authorized the Town to accept the $1,266,000 in grant funding from the MWRA. We apologize for that oversight, but are encouraged that before we accepted that grant we have a good system of internal controls that uncovered this discrepancy. The MWRA's Infiltration and Inflow (I /I) Local Financial Assistance Program provides support to MWRA member communities to perform sewer rehabilitation to minimize excess flows due to infiltration and inflow into the sewer system. In previous years the Assistance Program provided financial assistance to member communities through. a combination of a 45% grant and a 55% low- interest loan. MWRA has revised the program for the current Phase 9 and future Phase 10. The financial assistance for these two phases will be allocated to member communities in the form of a 75% grant and a 25% low - interest loan. MWRA Assistance • The assistance is provided through a combination grant and low- interest loan • Phase 8 Allocation balance $71,000 (45% grant; 55% low- interest loan) • Phase 9 Allocation is $844,000 ($633,000 grant; $211,000 low- interest loan) • Phase 10 Allocation is $844,000 ($633,000 grant; $211,000 low- interest loan) • Loan pay back to the MWRA - equal installments up to a ten year period beginning one year after distribution of the funds Acceptance of the grant /loan offer will enable the Town to continue with its I/I removal program to remove unwanted sewage flows from the sewer system which reduces excess assessments from MWRA and decreases the excess demand on the sewer system. The anticipated project for this Phase will be to perform manhole rehabilitation, spot repairs, lining and replacement of sewers. Infiltration occurs when surface water enters sewers through leaks, cracks and faulty joints in pipes and manholes. Inflow is caused from storm water runoff that enters the sewer system through improper connections such as cross connected drains, roof drains and sump pumps. Since the inception of MWRA's Assistance Program the Town's I/I removal program has consisted of the following types of projects: • House -to -house inspections o The house -to -house inspections identify inappropriate direct connections (inflow) to the Town's sewer system with the purpose of assisting residents with identifying methods to remove the connections. The Town also provides limited financial assistance to the homeowner. • TV inspections, testing, and sealing of manholes and sewer mains o TV inspections and the testing and sealing of manholes and sewer mains allows the Town to internally inspect sewer mains and manholes to with the purpose of identifying and eliminating points of infiltration into the sewer system. • Sewer system smoke testing o Smoke testing of the sewer system is a method of identifying points of infiltration or inflow into the sewer system where visual or TV inspection access is not possible 101 Page 427 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 Spot repair, lining and replacement of sewers o Spot repairs, lining and replacement of sewers are performed when damage to the sewer system is not repairable or cost effective through internal sealing. Flow metering, spot gauging and dye testing o Flow metering, gauging and dye testing is performed to assist the Town in determining the areas of the sewer system that are experiencing the highest levels infiltration and inflow. Flow metering also assists in determining how affective the Town has been in mitigating I/I for the past several years. Sewer System Data management o Project updates the Town's GIS sewer database to incorporate historic closed circuit inspection data and enable future closed circuit inspection sewer system data. The resulting data will be used to assess future capital project needs and to perform asset management of the system. Presentation given by: Bob Lel-acheur - See Attached Finance Committee Resort - given by Paul McNeice: At their meeting on October 4, 2016 the Finance Committee recommends the subject matter of this Article by a vote of 8 -0 -0. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4 -0 -0 to support this Article. Motion Carried ARTICLE .10: Motion made by Barry Berman, Board of Selectmen to Indefinitely Postpone the subject matter of Article 10 Motion to Indefinitely Postpone Carried ARTICLE 11: Motion made by the Finance Committee that the Town vote to amend the Town's Operating Budget for the Fiscal Year commencing July 1, 2016, as adopted under Article 12 of the Annual Town Meeting of March 1, 2016; and to utilize the sum of $140,000 in state aid, raise and appropriate the sum of $216,648 and transfer the sum of $133,152 from certified free cash in the Treasury, for a total of $489,800, to be added to the amounts appropriated under said Article, as amended, for the operation of the Town and its government, as follows: flanaral Psind - Waaps and Exnenses Account Line M. Description Decrease Increase B99 - Benefits Health Insurance Premiums - $200,000 $175,000 Expenses Worker Comp Premiums +$20,000 Medicare +$5,000 C99 - Capital New CIP changes $529,088 Expenses DPW Sidewalk Plow +$50,000 (NEW) $579,000 DPW Plotter /Scanner $30,000 School Van +$19,000 now $55,000) 11 1 P a.g e 428 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 Enternrise Funds - Wages and Expenses Account Line Reduce allocation (cemetery) - $100,000 Decrease Increase Approved in September CIP but not funded Debt Service - water mains $300,000 DPW: Loader JD 624G (2007) $210,000 Capital spending - water mains $320,000; +$15,000 for unidirectional flushing; $35,000 for Car #2 $300,000 FacCORE: reclassify Security Eval $125,000 Subtotals 0 FacTown: West Side Fire roofing $90,000 Net Operating Expenses $0 FacSchools: Furniture $65,000 From Water Reserves $0 FacCORE: EMS upgrades to buildings $50,000 FacCORE: Plumber's Van Ford E350 $401000 F99 - FINCOM Replenish Reserves $26,000 Reserves G91 - Admin Fund pay & class transfers ($11,200) $3,000 Services Wages Pay & class funding $8,200 G92 - Admin Police assessment center $7,500 $11,500 Services Exp Technology wireless phones $4,000 H91 - Public Pay & class funding $3,000 Services Wages J92 - Public Uniforms & gear for new firefighters $10,500 $23,300 Safety Police ballistic vests and helmets $9,800 Expenses. Fire - ambulance billing $3,000 K95 - Public Rubbish disposal $100,000 Works Rubbish M91 - Core reclassify, Security Eval. to capital - $125,000 $125,000 Facilities M92 - Town building cleaning services $10,000 Facilities: Town buildings U99 - School School building cleaning services $40,000 Department Subtotals $303,000 $742,888 $792,800 Net Operating Expenses $0 $489,800 From State Aid $140,000 From New Growth $216,648 From Free Cash $83,152 $133,152 Enternrise Funds - Wages and Expenses Account Line Description Decrease Increase W99 Water Debt Service - water mains $300,000 Capital spending - water mains $320,000; +$15,000 for unidirectional flushing; $35,000 for Car #2 $300,000 Subtotals 0 Net Operating Expenses $0 From Water Reserves $0 Background: The town saved about $35,000 in FY17 debt service by refinancing the MWRA buy -in. The town also delayed using some debt for water main repairs, thereby avoiding $265,000 debt service in 121 Page 429 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 FY17. The combined $300,000 reduction would be useful to have as water main repair capital to complete projects this year. There is no net budget impact or change of water rates needed. If these funds are not used, they will close to Water Reserves at fiscal year -end. Presentation given by: • Bob LeLacheur See Attached Finance Committee Report - given by Paul McNeice: At their meeting on November 14, 2016 the Finance Committee recommends the subject matter of this Article by a vote of 9 -0 -0. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4 -0 -0 to support this Article. Motion Carried ARTICLE 12: Motion made by the Board of Selectmen that the Town vote to transfer the sum of $5,999.34 from certified free cash in order to pay bills remaining unpaid from prior fiscal years for goods and services actually rendered to the Town. Background: On May 20, 2016 the town received a demand notice from Direct Energy for $2,420.68 for FY13 gas services that remained unpaid. Further review into the matter revealed that payments were improperly applied to the wrong school building accounts by Direct Energy, in some cases creating a credit balance on many accounts and an overdue balance on others. When credit balances exceeded the current month charges the bill was not paid and unfortunately not questioned by the secretary processing the bills. The $2,420.68 represents the total of these unpaid invoices once the payments were properly allocated to the correct accounts. The town has a licensing agreement with the MBTA to allow the town to cross under the railroad with a water main that was installed between Ash St. and Walker Brook Dr. The contract has been in place since 2004 however the MBTA failed to bill the town the licensing fees for 2010 through 2015. The total of unpaid licensing fees is $3,578.66 Presentation given by: • Sharon Angstrom - See Attached Finance Committee Report - given by Eric Burkhart: At their meeting on October 4, 2016 the Finance Committee recommends the subject matter of this Article by a vote of 8 -0 -0. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4 -0 -0 to support this Article. 9 /10ths Vote Required Declared by Moderator 146 Town Meeting Members in Attendance Motion Carried 131 Page 430. SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 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 John Halsey, Board of Selectmen to Table the subject matter of Article 14 Motion to Table Carried ARTICLE 15: Motion made by Board of Selectmen that the Town vote, pursuant to Chapter 82, Section 21, of the Massachusetts Genera/ Laws, to discontinue the following portions of the private ways shown on a Plan of Land entitled "Plan of Chapman Park Situated in Reading Mass." prepared by James A. Bancroft, Surveyor, and dated November 1, 1911, recorded at the. Middlesex Registry of Deeds Southern District as Plan 20 in Plan Book 206, to wit: • Cold Spring Road from the easterly boundary line of Lot 46 to its intersection with Oakland Road, as shown on said Plan. • Tower Road from Fair View Road (currently known as Grandview Road) to its intersection with Oakland Road, as shown on said Plan. • Park Street from the southerly boundaries of Lots 9 and 10 to Tower Road, as shown on said Plan. Oakland Road from its intersection with Tower Road to its intersection with Cold Spring Road, as shown on said Plan. Background: This Article is to discontinue portions of private ways which were originally laid out as part of the 1911 "Chapman Park" subdivision. Said portions of private ways have not been developed and the Town has no plan to develop a roadway in the future. Research has shown that the portions of private ways listed in the Article have no retained rights subsequently giving Town Meeting the power to discontinue under Massachusetts General Law. Town will assert ownership of the areas under the private ways upon their discontinuance. The referenced "Plan of Chapman Park" is below. In November 2011 Town Meeting approved Article 17 with the same general intention by a 94 -12 vote. However upon detailed legal review by current Town Counsel, the previous .action by Town Meeting was incomplete. This Article will fully complete all steps needed to clear the paper roads from this parcel of land, in preparation for the next Article. Presentation given by: • 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. 141 Page 431 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center Plan of Chapman Park Situated in READING MASS. Scale 1 in.-GO-1t. Nov. ist-1911. James A. Bancroft Sur. (Onq final on file) (Scale of tRis Planc 1 in.- 150 fl) Plan 9ooK zac} Pfau zo Motion Carried November 14, 2016 ARTICLE 16: Motion made by Board of Selectmen pursuant to the reports of the School Committee and the Board of Selectmen that the real property shown as "Oakland Road Parcel" on a plan of land entitled "Plan of Land Oakland Road Town of Reading," prepared by Town of Reading - Department of Public Works, Engineering Division, Jeffrey T. Zager, Director DPW, Ryan Percival, PE, Town Engineer, dated September 13, 2016, is no longer required for public purposes, that the Town vote, pursuant to Chapter 40, Section 15A of the Massachusetts General Laws, to transfer the care, custody, management and control of said Oakland Road Parcel to the Board of Selectmen 15 1 P a g e 432 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 Background: This Article will authorize the Board of Selectmen to sell or otherwise dispose of the town owned land on Oakland Road, as shown by the shaded portion of the following map: In November 2011 Town Meeting approved Article f6 with the same general intention by a vote of 92,-17 vote to transfer some of the land shown above from the Schools to the Town and also to authorize the Board of Selectmen to sell the land. Action by the Selectmen was delayed when the Schools indicated some interest in an Early Education facility two years ago, but after that the Selectmen indicated their desire to restart this process. Upon detailed legal review by current Town Counsel., the previous action by Town Meeting was also incomplete. This Article will fully complete all steps needed to allow the Selectmen to `sell or otherwise dispose of the land as had been intended five years ago. The Board will establish a fully public process to allow the abutters, neighbors and other residents to express their views and follow a fully transparent process. Some local organizations have approached the Town Manager with some exciting ideas that may appear in front of the Board and the general public in the next few months. Presentation given by: Bob LeLacheur - See Attached Finance Committee Report: No report Bvlaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 5 -0 -0 to support this Article. 161 Page 433 SUBSEQUENT TOWN MEETING Reading Memorial High School November 14, 2016 Preforming Arts Center After some discussion a voted was taken 2 /3rds Vote Required 85 Voted in the affirmative 55 Voted in the negative 146 Town Meeting Members in Attendance 2 /3rds Requirement was not met Motion Does Not Carry ARTICLE 17: Motion made by the Board of Selectmen that the Town vote to amend Article 1 of the General Bylaw by deleting section 1.4 therefrom in its entirety and inserting, in place thereof, the following: 1.4 Non - Substantive Alphanumeric Changes With the concurrence of the Bylaw Committee, the Town Clerk shall be authorized to make non- substantive alphanumeric changes to the component provisions of this bylaw; provided, however, that each such change shall be identified by a footnote or other convention. Background: The Town attempted to make this change in the Charter, but the Attorney General suggested that a general bylaw was the correct solution. This Article inserts the above language in place of existing language shown below, adds the alpha' component and removes archaic language referring to 'the Code'. Presentation given by: • Bob LeLacheur - See Attached Finance Report: No report Bylaw Committee Report - given by Jeffery Struble: The Bylaw Committee recommends this Article by a vote of 3 -0 -0 at their meeting on September 14, 2016. Board of Selectmen Report: The Board of Selectmen .on October 4, 2016 voted 5 -0 -0 to support this Article. Motion Carried ARTICLE 18: Motion made by the Board of Selectmen to see if the Town will vote to amend Article 6 of the General Bylaw by inserting a new Section 6.6 as follows: 6.6 Establishment of Revolving Funds Pursuant to MGL Chapter 44,Section 53E1/2, the following individual revolving funds shall be authorized: v1Page 434 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 6.6.1 Conservation Commission Consulting Fee Revolving Fund Funds held in the Conservation Commission Consulting Fee Revolving Fund shall be used for consulting and engineering services for the review of designs and engineering work for the protection of wetlands and shall be expended by the Conservation Commission. Receipts credited to this fund shall include fees collected pursuant to Section 7.1.14 of this Bylaw. 6.6.2 Inspection Revolving Fund Funds held in the Inspection Revolving Fund shall be used for legal costs, oversight and inspection, plan review, property appraisals and appeals, public services general management, pedestrian safety improvements, records archiving, and other costs related to building, plumbing, wiring, gas and other permits required for large construction projects and shall be expended by the Town Manager. Receipts credited to this fund shall include building, plumbing, wiring, and gas fees. 6.6.3 Public Health Clinics and'Services Revolving Fund Funds held in the Public Health Clinics and Services Revolving Fund shall be used for materials and costs associated with clinics and public health programs and shall be expended by the Board of Health. Receipts credited to this fund shall include clinic fees, charges and third party reimbursements received from the operation of such public health clinics and services. 6.6.4 Library Materials Replacement Revolving Fund . Funds held in the Library Materials Replacement Revolving Fund shall be used for the acquisition of library materials to replace lost and damaged materials and shall be expended by the Library Director under the supervision of the Library Trustees. Receipts credited to this fund shall include charges for lost and damaged library materials. 6.6.5 Mattera Cabin Revolving Fund Funds held in the Matera Cabin Revolving Fund shall. be used for utilities, maintenance and operate expenses for the Mattera Cabin and shall be expended by the Public Services department head. Receipts credited to this fund shall include rental fees received from the operation of the Mattera Cabin. 6.6.6 Town Forest Revolving Fund Funds held in the Town Forest Revolving Fund shall be used for planning and improvements to the Town Forest and shall be expended by the Director of Public Works upon the recommendation of the Town Forest Committee. Receipts credited to this fund shall include fees for use of the Town Forest and income from the sale of timber. or take any other action with respect thereto. Background: On August 9, 2016 Governor Charlie Baker signed the "municipal modernization" bill into law. Last. winter,. the Baker Administration had proposed a wide - ranging set of changes which received broad support from state cities and towns. The Legislature eventually passed a compromise bill that retained many of the beneficial components in the final 253 sections of the legislation. Under this legislation, the town is obliged to create a general bylaw that cites the revolving funds established under MGL Chapter 44 Section 53E1/2 as shown above. Town Meeting members may be familiar with this list as the Town has previously requested re- approval annually for these funds, their spending purposes, limits and authority. 18 1Page 435 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 This portion of the legislation appears to be neither beneficial nor modern, as Town Meeting in April 2017 and annually thereafter will still need to grant such approval. Presentation given by: Bob Lel-acheur - See Attached Finance Committee Report: No report Bylaw Committee Report - given by Jeffery Struble: The Bylaw Committee recommends this Article by a vote of 3 -0 -0 at their meeting on September 14, 2016. Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 5 -0 -0 to support this Article. Motion Carried ARTICLE 19: Motion made by John Halsey; Board of Selectmen to Table the subject matter of Article 19 Motion to Table Carried ARTICLE 20: Motion made by the Board of Selectmen that the Town vote to amend Article 8 of the General Bylaw by inserting a new Section. 8.5.1 as follows: 8.5.1 Department of Public Works There shall be a Department of Public Works responsible for the performance of all public works activities of the Town placed under its control by statute, bylaw, or otherwise, including the protection of natural resources, water supply and distribution, sanitary sewers and sewerage systems, stormwater drains and sewers, streets and roads, public off- street parking facilities as well as parking lots for municipal buildings, parks and playgrounds, refuse collection and disposal, forestry services, and cemetery services. 8.5.1.1 Director of Public Works The Department of Public Works shall be under the direct control of a Director of Public Works, who shall be appointed by, and directly responsible to the Town Manager. The Director of Public Works shall serve at the pleasure of the Town Manager and shall be a professionally qualified person of proven ability, especially fitted by education, training, and previous experience to perform the duties of the office. The Director of Public Works shall be responsible for the supervision and coordination of all divisions within the Department of Public Works. 8.5.1.2 Policy Formation The Board of Selectmen, acting through the Town Manager, shall be responsible for the establishment of policies and priorities to govern the operation of the Department of Public Works. The Board of Selectmen may adopt rules and regulations setting fees and establishing procedures for the performance of public works activities, as it deems necessary or appropriate. 191 Page 436 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 and by renumbering subsequent provisions of Section 8.5 accordingly. Background: As part of the recent Charter changes, the town removed historic references to the Public Works department, which was the only town department explicitly mentioned in the document. This reference had served as a transition from the former Board of Survey from what is now almost 30 years ago. The former Charter language, which is shown below in italics, has been modernized but otherwise closely replicated as the suggested general bylaw in this Article. 6 -3 Deyartment of Public Works (a) Establishment and Scope - There shall be a Department of Public Works responsible for the performance of all public works activities of the Town placed under its control by the Charter, by bylaw, by administrative code or otherwise including, but not limited to, protection of natural resources, maintenance of all municipal buildings and grounds except those of the School and Municipal Light Departments, water supply and distribution, sewers and sewerage systems, streets and roads, parks and playgrounds, refuse collection and disposal, forestry services, and cemetery services. The Department of Public Works shall assume all of the duties and responsibilities in the performance of public works functions including, but not limited to, those performed prior to the adoption of the Charter by or under the authority of the Department of Public Works. (b) Director of Public Works - The Department of Public Works shall be under the direct control of a Director of Public Works who shall be appointed by and who shall be directly responsible to the Town Manager. The Director of Public Works shall serve at the pleasure of the Town Manager. He shall be a person especially fitted by education, training and previous experience to perform the duties of the office. The Director of Public Works shall be responsible for the supervision and coordination of all divisions within the department in accordance with State statutes, Town bylaws, administrative code and directives of the Town Manager. (c) Policy Formulation - The Board of Selectmen, acting through the Town Manager, shall be responsible for the overall supervision of the Department of Public Works and for the establishment of policies and priorities to govern the operation of the department. The Board of Selectmen shall have the same power to adopt rules and regulations and grant licenses previously given by law to the Department of Public Works and its predecessor water, sewer and park commissions. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Presentation given by: . • Bob Lel-acheur - See Attached Finance Committee Report: No report Bylaw Committee Report - given by Jeffery Struble: The Bylaw Committee recommends this Article by a vote of 3 -0 -0 at their meeting on September 14, 2016. 20 ( P a g e 437 SUBSEQUENT TOWN MEETING Reading Memorial High School November 14, 2016 Preforming Arts Center Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 5 -0 -0 to support this Article. Motion Carried ARTICLE 21: Motion made by the Board of Selectmen that the Town vote to amend Article 8 of the General Bylaw by inserting a new Section 8.5.3 as follows: 8.5.3 Temporary Repairs on Private Ways The Town may make temporary repairs to private ways that have been open to the public for at least the previous ten years, as required for the public health or safety, the protection of the environment, or the public convenience and necessity. As used in Section 8.5.3, the term "private way" shall not include driveways, common driveways, parking lots, and ways to which the public does not have access. 8.5.3.1. Type and Extent of Repair Temporary repairs made pursuant to Section 8.5.3 may include • Filling or patching of potholes or cracks; • Grading and leveling of surfaces; • Oiling and tarring of road surfaces and the covering of the oil or tar with sand or gravel; • Installation of guardrails or other infrastructure; • Installation of stormwater drainage infrastructure; • Cleaning of catch basins and drainage structures; • Skimcoating or armor coating of road surfaces; • Reconstructing a way, including the removal of roadway surface and the regrading and installation of fill and roadway surface materials, including asphalt and concrete; and • Any other temporary repair deemed necessary to protect public safety. 8.5.3.2 Minor Repairs The Department of Public Works may make minor temporary repairs to eligible private ways; provided, however, that all minor repairs made to a single private way shall be subject to prior approval of the Town Manager. 8.5.3.3 Petition Except as provided in Section 8.5.3.2, the Town may make temporary repairs to eligible private ways only if: CPDC or the Director of Public Works petitions the Board of Selectmen to make repairs, and the record owners of at least two- thirds of the lots abutting the portion of the private way to be repaired have assented in writing to the repairs; or The record owners of at least two - thirds of the lots abutting the portion of the private way to be repaired petition the Board of Selectmen to make repairs. Upon receipt of a petition submitted pursuant to Section 8.5.3.3, the Board of Selectmen shall request that the Director of Public Works make an investigation of the condition of the private way and report the results of that investigation to the Board of Selectmen. 211 Page 438 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 8.5.3.4 Hearing Upon receipt of the report of the Director of Public Works pursuant to Section 8.5.3.3, the Board of Selectmen shall hold a public hearing on the petition. The record owners of all lots abutting the portion of the private way to be repaired shall be given written notice of the hearing not less than seven days prior thereto. 8.5.3.5 Public Convenience and Necessity Following the public hearing held pursuant to Section 8.5.3.4, the Board of Selectmen may authorize temporary repairs to an eligible private way upon a finding that the requested repairs are required for the public health or safety, the protection of the environment, or the public convenience and necessity. In making this determination the Board shall consider: • The accessibility of the properties abutting the private way to emergency vehicles such as police, fire, ambulance, or other rescue vehicles; • The volume of traffic that utilizes the private way; • Any other factors deemed appropriate by the Board. 8.5.3.6 Repair Costs The Board of Selectmen may authorize repairs pursuant to Section 8.5.3.5 only if the necessary funds therefore have been appropriated or otherwise made available to the Town. If a Town Meeting has made an appropriation specifically for temporary repairs of a specified private way, the Town shall assess betterments pursuant to MGL Chapter 80 to recover the entire direct and indirect costs of such repairs from the record owners of all lots abutting the portion of the private way to be repaired, with all such owners sharing equally. Payment of said betterment may be made in not more than 20 equal annual installments. 8.5.3.7 Easements If any easement is necessary for the. completion of temporary repairs authorized pursuant to Section 8.5.3.6, the record owners of all lots abutting the portion of the private way to be repaired and the owners of any land or interest in land upon which such easement would be required, shall be jointly and severally responsible for the cost of the preparation and the grant of such easement to the Town. 8.5.3.8 Standard of Work and Maintenance All temporary repairs to private ways made pursuant to Section 8.5.3 shall be performed in accordance with standards established by the Department of Public Works. No such temporary repair shall be deemed to impose a duty or obligation on the Town to maintain or further repair the private way thereafter. 8.5.3.9 Acceptance of Private Ways No temporary repair to a private way made pursuant to Section 8.5.3 shall be deemed to constitute an acceptance by the Town of the way as a public way. 8.5.3.10 Liability of Town There shall be a $500 limitation per occurrence on the Town's liability for any damages arising from any negligent repair of a private way pursuant to Section 8.5.3. and by renumbering subsequent provisions of Section 8.5 accordingly. 221 Page 439 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center Background: At a recent Town Meeting, some private ways doing the research needed for this relatively straightforward actin discovered that the town had never adopted a general bylaw to allow as it has for hundreds of years. In general, these repairs done emergency vehicles, such as ambulance, police and fire equipment. November 14, 2016 were accepted as public roads. In n by Town Meeting, Town Counsel it to make repairs to private roads, previously allowed safe access by Minor repairs require approval by the Town Manager, and their costs may be absorbed by the existing annual budget of the DPW. More extensive repairs have a process described beginning in Section 8.5.3.3. The betterment process cited is similar as is currently used by the Board of Selectmen to accept a private road as public, after making improvements. However in this case, the betterments will only make the road safe for emergency vehicle passage, and the road will remain private. Presentation given by: Bob LeLacheur - See Attached Finance Committee Report: No report Bylaw Committee Report - given by Jeffery Struble: The Bylaw Committee. recommends this Article by a vote of 3 -0 -0 at their meeting on September 14, 2016. Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 4 -0 -1 to support this Article. The vote to abstain was from a member on the Board living on a private road. Motion made by Bill Brown, Precinct 8 to amend as follows: 8.5.3.1 Motion Carried Type and Extent of Repair Temporary repairs made pursuant to Section 8.5.3 may include • Filling or patching of potholes or cracks; • Grading and leveling of surfaces; • Oiling and tarring of road surfaces and the covering of the oil or tar with sand or gravel; • Installation of guardrails or other infrastructure; • Installation of stormwater drainage. infrastructure; • Cleaning of catch basins and drainage structures; • Skimcoating or armor coating of road surfaces; • Reconstructing a way, including the removal of roadway surface and the regrading and installation of fill and roadway surface materials, including asphalt and concrete; and • Any other temporary repair or work deemed necessary to protect public safety. Motion made by Tony D'Arezzo, Precinct 2 to amend as follows: 8.5.3.3 Petition Except as provided in Section 8.5.3.2, the Town may make temporary repairs to eligible private ways only if: 23IPage 440 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 CPDC or the Director of Public Works petitions the Board of Selectmen to make repairs, and the record owners of at least twa- thirds nine - tenths of the lots abutting the portion of the private way to be repaired have assented in writing to the repairs; or The record owners of at least two- th+r� nine - tenths of the lots abutting the portion of the private way to be repaired petition the Board of Selectmen to make repairs. Motion Does Not Carry Motion made by Tony D'Arezzo, Precinct 2 to amend as follows: 8.5.3.6 Repair Costs The Board of Selectmen may authorize repairs pursuant to Section 8.5.3.5 only if the necessary funds therefor have been appropriated or otherwise made available to the Town. If a Town Meeting has made an appropriation specifically for temporary repairs of a specified private way, the Town shall assess betterments pursuant to MGL Chapter 80 to recover the entire direct and indirect costs of such repairs from the record owners of all lots abutting the portion of the private way to be repaired, with all such owners sharing equally proportionately based on frontage. Payment of said betterment may be made in not more than 20 equal annual installments. Motion Does Not Carry After some discussion a voted was taken Motion Carried as Amended ARTICLE 22: Motion made by the Board of Selectmen that the Town vote to amend Article 8 of the General Bylaw by inserting a new Section 8.5.9 as follows: 8.5.9 Stormwater Utility Pursuant to MGL Chapter 83 Section 16, the Board of Selectmen shall establish annual stormwater utility fees for the use of main drains and related stormwater facilities. 8.5.9.1 Establishing the Stormwater Utility Fee The Board of Selectmen shall, from time to time, establish procedures for the calculation of the stormwater utility fee, which shall be calculated to supplement other available funds as may be necessary to plan, construct, operate and maintain stormwater facilities and to conduct stormwater programs. The Board of Selectmen may also establish a grant credit program for those property owners who maintain on -site functioning retention and detention basins or other filtration structures. Any stormwater utility fee shall be assessed in a fair and equitable manner. 8.5.9.2 Stormwater Enterprise Fund All stormwater utility fees received shall be deposited into a Stormwater Enterprise Fund, and may be applied to the payment of the cost of maintenance and repairs of 241 Page 441 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 14, 2016 such main drains and related stormwater facilities or of any debt contracted for such facilities. or take any other action with respect thereto. Background: This general bylaw adds language that exactly describes the current practices used under the existing Storm Water Enterprise Fund (SWEF), and indeed no changes to those practices are anticipated. Those practices are exactly as described to Town Meeting when the SWEF was established. Other communities that have since adopted SWEFs use a wide variety of fee calculations. Codifying the town's current practices into a general bylaw seemed appropriate, whereas previously they had only been described to Town Meeting when the SWEF was formed. Finance Committee Report: No report Bylaw Committee Report — given by Jeffery Struble: The Bylaw Committee recommends this Article by a vote of 3 -0 -0 at their meeting on September 14, 2016. Board of Selectmen Report: The Board of Selectmen on October 4, 2016 voted 5 -0 -0 to support this Article. After some discussion a voted was taken Motion Carried ARTICLE 23: Motion made by John Halsey, Board of Selectmen to Table the subject matter of Article 23 Motion to Table Carried 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 Thursday, November 17, 2016. Meeting adjourned at 9:17 PM with 146 Town Meeting Members in attendance. Motion Carried A true copy Attest: A4&VW-1— Laura A Gemme, CMMC Town Clerk 251 Page 1 442 IN u0 w 0 oa�ea�w O4" 0 4/13/2017 SHRED THE PEAK N Prnk Load -S$$ lvtrn —dlatc t.wd =SS Base load =$ 0 Reading Municipal Light Department RELIABLE POWER FOR GENERATIONS IMLD Mission Statement The RMLD is committed to providing excellent customer service including competitively priced electricity as a result of diligence in the areas of power supply, risk management, system reliability and flexibility, as well as overall business efficiency. 443 1 4/13/2017 Peak Performance Highlights • Updated RMLD Terms and Conditions (filed 6/8/16) • Created a new comprehensive RMLD Service Requirements Handbook (6/30/16) • Clean audit, no management letter • Developed new Solar Choice Program • Implementing the Comprehensive Short and Long -Term Recommendations from Organizational and Reliability Studies including review of all job descriptions, wage rates, and creation of career development plans • Created a Grid Modernization Technology Roadmap and commenced implementation • Implementing GIS Overhaul Plan • Installed AMI RF -Mesh Network for "500 Club" Customers • Developing additional Peak Reduction Programs /Technology; incorporation into school programs. • Maintaining Reliability Indices (SAIDI, CAIDI, SAIFI) iii 2 Peak Performance Highlights , ep #p =�` I • Continued Upgrade of Streetlights to LED Fixtures in all four towns • Improved External and Internal Communication Programs (Twitter, Customer E -mail . Notification, Reverse 911, etc. — peak shedding, area outages, ISO power alerts) ' Implemented Paperless Business Objective (Billing, Office SharePoint Program, Digital Annual Report, Board and CAB Packets) *Developed Capital and Expense Budgets to include Six -Year Projections and monthly Budget to Actual Analysis • Replaced 27 breakers and currently upgrading all relays systems at Substation 5 • Commenced reinsulating bus at Substation 4 • Performed all Reliability Safety upgrades as recommended by the Reliability Study Z W7 �v bfe..or Efficiency and Peak Reduction Measures • Rebate Structure Based on Amount of Peak Reduction • Commercial Energy Initiative Program (CEIP) • Commercial Lighting Rebate Program (CLRP) • Electric Vehicle Charging Station Rebate Program • Peak Demand Reduction Program (PDRP) • Residential Appliance Rebates • Residential RMLD On -Line Store & In -house Holiday LED lights • Residential Energy Audits • Installing 2.5MW generating peak shedder at N. Reading substation 445 4/13/2017 3 4/13/2017 RMLD FOc .., �, .. Solar Choice Program Overview • Community Solar —Solar Choice allows RMLD customers the opportunity to share in the benefits from large solar systems installed within the four towns that RMLD serves • Low Upfront Costs —Monthly charge of $5 for first year • Savings Over Time —Participants can save an estimated $300 over the first ten years • No Hassle of Installation — None of the expense, maintenance or risk associated with purchasing and installing solar equipment on your property • Clean, Local Power — Customers support and benefit from zero carbon, green, renewable solar energy produced locally • Solar Choice Program — Replaces RMLD's Green Choice Program • Status — Now being installed on an industrial building rooftop on Ballardvale St. in Wilmington, the first solar array has an expected "power on" date of December 1, 2016. This first project is "fully subscribed" with Soo participants, but customers can ign up now to be eligible for the next project to be built in 2o17 Call Customer Service at 781-944-1340 or email eneryyRMLD rmld.com a to sign up today. Economic Development Attract New Customers and Retain Existing Customers Benefits of Receiving Electric Service From RMLD • Locally Owned and Operated • Reliability Exceeding Regional and National Averages • Response Time • Customer Service Programs • Low Rates • Efficiency Incentive and Rebate Programs • Enhanced Communication • Green and Renewable Objectives 595 MA. 0 New Proactive Maintenance Programs • Comprehensive Substation Maintenance/Testing ✓ Developed a Cyclic Substation Maintenance Program ✓ Created Technical Services (TS) Group Distribution System Maintenance Program • Developed & Revitalized System Maintenance Programs ✓ Transformer Replacement Program (302/1866) ✓ Pole Testing (10 %of RMLD custodial poles /6500) ✓ Manhole Inspection (961/1200) ✓ Tree Trimming (3 year cyclic) ✓ Porcelain Cutout Replacement (9 1 % Completed) ✓ Quarterly Inspection of 13.8kV /35kV Feeders ✓ Infrared Scan of Substations and Major UG ✓ Secondary Main and Service Upgrade Program Annual Reliability Indices through 6/3o/16 SAID12011 -2016 How . 120.00- - - - -- 12000 �i-- --- -... _........__ _ .._ - . _. ltd. {4 100.08 (_. ..____. ..... .. ........ ..... ._.. :_. -. ®20fI e1®2m3 4pA0.—__...._._.__.._____.__. ..____.___.....--- __.._____ -.._ _1m3 _._ ..._ ...._ 4=20150EdW4rdwld jam /000 k..._____ 4314 e�2035 A[E4aE1ar<Yn14 rzmarin — ....Ip1SNdknatAgreg Q00 ._ - -� — 2m5NadmaiAnv�a• 20141a1b2013 26N 2015Me A-M. SMat SAMI(Mi.dal) =ToldAmar— fCa3ro,ve 1wv7W rbm T.W Vrmrb —f Curw—Snved SAIR 2011 -2016 .: O 'PLC W—KO CAIDI2011 -2016 How . 120.00- - - - -- BOAT -d WAS. - - - - -- IMIIWl 100.08 (_. ..____. ..... .. ........ ..... ._.. :_. -. ®20fI e0A0}-- .— ._____._:. ___ __._. ......................__.. —2013 40W . {.._ .._._. _._ ..._ ...._ 4=20150EdW4rdwld jam —2016E10 0.00 2017�2012.2m3.7034.203SM1a A—VCAM — ....Ip1SNdknatAgreg 090 -I#j __ _ fr�Y _— X2011 OM__- ..__ ._ . ._._ ._.._ __. ...._... ®2012 070 _...._ _.. .... 060 2013 0M.__w _. —..._ ......... 0_40 v__._ ._ _ __ __ 8=2014 030 _. _... ..__ . _.__ tear 2015 IEEE day fte hold 0.20 _k_._ .... -.. ......___. _..__.__ ._. -��- - � 0= 2036 yTD 0.10 � _._�.___.....�.... 0.00 20151tegbn Average 2011.2012. 2013.2014 - 2015.2016 —2015 National Avetage Avenge SAIR 50IVA beenv Aom SA/F7 a Twd M-1.1 f <inurxrcr fn—VI Taal X1.4— of <'e 11— S-1 o n 4/13/2017 5 4/13/2017 LED Streetlight Program (on target) ➢ Pilot Program (FY1S) -3oo Lights Installed • Lynnfield 41 • North Reading 62 • Reading 114 • Wilmington 83 Total 300 ➢ Full Implementation OverThree Years (FY16 -FY18) -Approximately 8,000 Lights System -wide ➢ 4,026 LED Light Fixtures Installed thru October 16, 2016 1_ EMS M FY 3.6 FY17YTD • Lynnfield 299 144 • North Reading 581 145 • Reading 961 307 • Wilmington 98o 'log Total 2,821 905 ➢ 4,026 LED Light Fixtures Installed thru October 16, 2016 1_ EMS M NJUNS Pole TransferProgam • NJUNS is a newjoint utility notification system. Custodial responsibility of the poles lies either with RMLD orVerizon. NJUNS is a new program which notifies the next utility to make their necessary transfers. The RMLD is working to ensure that all attachers (electric, cable, fire alarm, fiber, etc. ) are part of the users group to help expedite transfers and removal'of old poles by notifying the next utility that the "ball is in their court ". IE 4/13/2017 MIO, 7 SUBSEQUENT 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 l intersection of the division property line of Lots 43 and 44 with the said easterly side line of Hunt Street; Thence, N120 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; 1lPage 450 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 Thence, S121 30' 00 "E, a distance of 15.00 feet to a point on the division property line of Lots 43 and 44; Thence, S770 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. Huarsr. Lorf4 Aor4! _ PORTION OF EASEMENT TO BE ABANDONED 's<o o� �i L t'e Sr. Presentation given by: 21 Page 451 AmAgyyr�oya1 of this Pfau under the lovision Control Law by the 1WW -board of Survey of the To%w of 84a414g Is not roquiroti. nat TOWN OF READING, MASS ACHUSETTS BOARD OF PUBLIC WORKS EASEMENT THROUGH PRIVATE PROPERTY _FOR DRAINAGE ,WATERAND5EWERAGEPURPOsES LEE . STREET SGALE'Aht. -4Q'ft Sapt,1968. ENPNIEERYIfi OIVNigN P"LIP WELGI, SUPEAINTENPENT i i h $f R� iIJ 3* g r, w� iya g �kk oe L t'e Sr. Presentation given by: 21 Page 451 AmAgyyr�oya1 of this Pfau under the lovision Control Law by the 1WW -board of Survey of the To%w of 84a414g Is not roquiroti. nat TOWN OF READING, MASS ACHUSETTS BOARD OF PUBLIC WORKS EASEMENT THROUGH PRIVATE PROPERTY _FOR DRAINAGE ,WATERAND5EWERAGEPURPOsES LEE . STREET SGALE'Aht. -4Q'ft Sapt,1968. ENPNIEERYIfi OIVNigN P"LIP WELGI, SUPEAINTENPENT i i h $f R� iIJ 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 31Page 452 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 453 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 454 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 455 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. 71Page 456 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 Erosion Control Planning Division Building Inspector $100 $300 $300 457 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 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 91Page 458 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 459 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 460 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 461 SUBSEQUENT TOWN MEETING Reading Memorial High School November 17, 2016 Preforming Arts Center 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 6om 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 462 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 and certified by a qualified Professional Engineer registered in Massachusetts or a Certified Professional in Erosion and Sediment Control, containing the following information: • The names, addresses, and telephone numbers of the owner, the applicant, and the persons or firms who prepared the plan; • Title, date, north arrow, scale, legend, and locus map; • Locations of watercourses and water bodies; • Lines of existing abutting streets showing drainage (including catch basins), driveway locations and curb cuts; • Property lines showing the size of the entire site, and a delineation and number of square feet of the Land area to be disturbed; • Drainage patterns and approximate slopes anticipated after major grading activities (construction phase grading plans); • The location and details of erosion and sediment control measures, including both structural and non - structural measures, interim grading, and material stockpiling areas; • The location and description of and implementation schedule for temporary and permanent seeding, vegetative controls, and other stabilization measures; and • Such other information as is required by the CPDC. 7.9.7 Stormwater Management Plan The Stormwater Management Plan shall contain sufficient information for the CPDC to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse post- construction impacts from 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 463 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 O &M Plan, setting forth operation and maintenance measures designed to ensure that all aspects of the stormwater management system operate as designed throughout the life of the system. The O &M Plan shall remain on file with the CPDC and shall be an ongoing requirement, enforceable against the owner of the parcel to which it applies, pursuant to the provisions of Section 7.9.11. 7.9.8.1 Contents The O &M Plan shall include: • The name of each owner of the parcel for which the O &M Plan is being submitted; • Maintenance specifications, including a schedule, for all drainage structures, including swales and ponds, and any other component of the stormwater system that requires maintenance; and • The signature of each owner. 7.9.8.2 BMPs Serving More Than One Lot In the case of stormwater BMPs that are serving more than one parcel, the applicant shall include a mechanism to ensure that those BMPs are properly operated and maintained. The applicant shall identify the lots or units that will be serviced by the proposed stormwater BMPs. The applicant shall also provide a copy of the legal instrument (deed, declaration of trust, articles of incorporation, etc.) that establishes the terms of and legal responsibility for the operation and maintenance of stormwater BMPs. In the event that the stormwater BMPs will be operated and maintained by an entity or person other than the sole owner of the lot upon which the BMPs are placed, the applicant shall provide a plan and easement deed that provides a right of access for the entity or person to be able to perform said operation and maintenance functions. 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 464 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; 16 1 Page 465 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 O &M Plan, or any other terms or conditions of a stormwater permit or Section 7.9. 7.9.11.2 Appeals Any person. aggrieved by an enforcement order issued pursuant to Section 7.9.11.1 may request a hearing before the CPDC by submitting to the CPDC, within 30 days of such order, a letter explaining why the order was not justified. The CPDC shall thereupon schedule and hold a hearing regarding such request and, upon the close of such hearing, may uphold, modify or rescind the order as the facts and applicable law may require. The CPDC's decision shall be deemed its final action with respect 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 466 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 exclusive of any other remedies available under any applicable federal, state or local law. Presentation given by: • Bob LeLacheur - See Attached Finance Committee Report: No report 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 467 18 1 P a g e 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 800/o 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/o of the average annual load of Total Phosphorus (TP) generated from the total post- construction impervious surface area on the site Management StandaFds, 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 E.2 191 Page SUBSEQUENT TOWN MEETING Reading Memorial High School November 17, 2016 Preforming Arts Center ARTICLE 23: Motion made by the Board of Selectmen to amend the General Bylaw by: (1) Inserting a new row into the table in Section 1.8 of Article 1, to read as follows: Bylaw Section: 8.12 Bylaw Title: Illicit Connections and Discharges into Municipal Storm Drain System Enforcing Person: Department of Public Works Board of Selectmen Penalty - First Offense: $100 Penalty - Second Offense: $300 Penalty - Additional Offenses: $300 and (2) Inserting a new Section 8.12 in Article 8, to read as follows: 8.12 Illicit Connections and Discharges into Municipal Storm Drain System 8.12.1 Purpose Non - stormwater discharges into the Municipal Storm Drain System can harm water quality and create public health hazards. The purpose of Section 8.12 is to provide for the health, safety, and welfare of the citizens of the Town of Reading through the regulation of non - stormwater discharges into the Municipal Storm Drain System. The provisions of Section 8.12 shall be administered so as to: • Prevent pollutants from entering the Municipal Storm Drain System; • Prohibit illicit connections and illicit discharges into the storm drain system; • Comply with the requirements of the Town's National Pollutant Discharge Elimination System (NPDES) permit for discharges from the municipal storm drain system; and • Ensure compliance- through inspection, monitoring, and enforcement. 8.12.2 Definitions Unless the context clearly indicates otherwise, the following words and terms, as used in Section 8.12, shall have the following meanings: 8.12.2.1 Hazardous Material Any solid or liquid substance or combination of substances, including any liquid petroleum products that, because of quantity, concentration or physical, chemical or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health if disposed of into or on any land or water. Any substance deemed to be. a "hazardous waste" pursuant to MGL 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 469 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 470 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 471 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 472 231 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 3effery 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 473 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: or take any other action with respect thereto. 474 251 Page Pet Grooming g Yes Yes Yes I Yes I Yes I Yes or take any other action with respect thereto. 474 251 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 17, 2016 Background: 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 Industrial 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 475 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: 27 ) Page 476 SUBSEQUENT TOWN MEETING Reading Memorial High School November 17, 2016 Preforming Arts Center 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 477 2s1Page 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 478 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; 1 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; 1 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 479 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 Applicant to make modifications meeting of the CPDC and su modification. Modification requE governing Site Plan Review unlE Development Director, the prop to Section 4.6.9.2. development, it becomes necessary or desirable for an to a Site Plan, the Applicant shall appear at a regular bmit, if required by the CPDC, plans showing the ;sts shall be processed in accordance with the rules ass, upon review and determination by the Community osed changes qualify as a Minor Modification pursuant 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 require that the Applicant appear at a through an Administrative Approval. Development Director, Minor Modifications may regular meeting of the CPDC, or maybe granted 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 480 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 Plan 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 Plan 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 Plan 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 Plan Review. The modifications in Article 25 are designed to fine tune the application of Site Plan 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 Plan 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 Plan 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 Plan Review (see Section 4.6.2.3). Article 25 seeks to modify Minor Site Plan 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 Plan 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 Plan Review. Article 25 clarifies Minor Site Plan 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 481 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 aed 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 482 4/13/2017 s• 4/13/2017 Me 4/13/2017 4/13/2017 sS. "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 I lose one fragile opportunity to improve tomorrow." m• 4/13/2017 9 Have a great April Vacation! m=Z 4/13/2017 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:50 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 ARTICLE 27: Motion made by the Community Planning and Devolvement Committee to amend the Zoning Bylaw by: (1) Inserting into Section 2.0, in appropriate alphabetical order, the following: Special Home Occupation: A business use conducted within a dwelling unit, or within an accessory structure on a residential property, that is accessory to the primary residential use; provided, however, that not more than one non - resident of the dwelling unit or residential property, exclusive of residents of the dwelling unit or residential property, is employed on the premises. (2) Inserting into the Table of Uses for Residence Districts, set forth in Section 5.3.2, after the entries for "Home Occupation," the following: ,a V-1-M.31110-111M Mel -P-1 N W3 (3) Inserting a new Section 5.6.7 as follows: 5.6.7 Special Home Occupation The CPDC may, by Special Permit, authorize a Special Home Occupation within a dwelling unit or within an accessory structure on a residential property provided that: a. Not more than one non - resident of the dwelling unit or residential property, exclusive of residents of the dwelling unit or residential property, is employed on the premises; b. There is no exterior indication that the dwelling is used for anything other than residential purposes, except for signs, and commercial vehicles, as may be approved by the CPDC; c. Storage of any equipment used for the home occupation must be within a permanent structure, such as a garage or a shed; d. Off - street parking for the dwelling and home occupation is provided and the CPDC finds the number of vehicles on the premises at any one time and number of vehicle trips per day, exclusive of the residents' vehicles and trips per day, are consistent with the residential character of the property; and The home occupation is customarily incidental and subordinate to the primary residential use of the premises. 11Page 489 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 As determined by the CPDC, additional landscaping and fencing may be required to provide visual and auditory protection to adjacent properties and areas viewed from the public way. The CPDC reserves the right to issue a Special Permit for a Special Home Occupation for (one) year, and to deny renewal of such Special Permit if substantiated complaints are made regarding the use to the Public Safety Officer or Public Services Office within that one (1) year period; or take any other action with respect thereto. Background: Article 27 is an amendment to Section 2.0 of the Zoning Bylaw, Definitions, and Section 5.3.2 of the Zoning Bylaw, Table of Uses for Residence Districts, and the addition of Section 5.6.7 to the Zoning Bylaw, Special Home Occupation. Article 27 creates a new definition and use, Special Home Occupation, as well as special permit criteria. This Article allows a Special Home Occupation as an accessory use through a Special Permit from the Community Planning and Development Commission (CPDC). The current Zoning Bylaw allows Home Occupation by -right in Residence Districts, and defines it as "a business use conducted within a dwelling unit that is accessory to the primary residential use and carried on by a resident of the dwelling unit." The primary difference between a Home Occupation and a Special Home Occupation is that the Special Home Occupation provides a formal process through which a resident can operate a business from their home AND have one non - resident employee and the added Special Permit process by CPDC will ensure that the use is fully vetted. Presentation given by: • Nicholas Safina - See Attached Bylaw Committee Report: No Report Finance Committee: No Report Community Planning and Development Committee Report - given by Nicholas Safina: On Monday, July 11, 2016, the CPDC convened to hold a public hearing on the proposed Article 27. 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 27 to Town Meeting. After some Discussion it was voted 2 /3rds Vote Required 127 Voted in the affirmative 3 Voted in the negative 140 Town Meeting Members in Attendance 490 21 Page SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center Motion Carried November 21, 2016 ARTICLE 28: Motion made by Community Planning and Development Committee to amend the Zoning Bylaw by deleting Section 5.4.7.3.b thereof in its entirety, and inserting, in place thereof, the following: b An Accessory Apartment shall have a gross floor area not to exceed the lesser of 1000 square feet or one -third of the gross floor area of the Principal Single - Family Dwelling on the lot, exclusive of any garage, unfinished basement, shed or other accessory structure thereon. or take any other action with respect thereto. Background: Article 28 is 'an amendment to the Accessory Apartments Performance Standards, Section 5.4.7.3(b), of the Zoning Bylaw. Article 28 removes the reference to net floor area, and increases the maximum floor area of an accessory, apartment from 750 net square feet to 1000 gross square feet. Currently Section 5.4.7.3(b) references both net floor area and gross floor area in the same provision, which makes the bylaw confusing for both applicants and staff. The increase in permitted floor area is proposed in part to enable spaces large enough to accommodate the accessibility needs of an aging population. However, the provision included in the current bylaw as well as in Article 28, is that an accessory apartment must be no greater than one -third of the gross floor area of the Principal Single - Family Dwelling as a measure of control over the size of the accessory unit so that it does not change the character of the structure to be more like a Two - Family Dwelling. Presentation given by: • Nicholas Safina - See Attached Finance Committee Report: No Report Bylaw Committee Report: No Report Community Planning and Development Committee Report - given by Nicholas Safina: On Monday, July 11, 2016, the CPDC convened to hold a public hearing on the proposed Article 28. 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 p.m. 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 p.m. 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 28 to Town Meeting. Motion made by Ronald UAddario, Precinct 6 to amend as follows: 31 Page 491 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 b An Accessory Apartment shall have a gross floor area not to exceed the lesser of 1000 square feet or one -third of the gross floor area of the Principal Single - Family Dwelling on the lot, exclusive.of any garage, unfinished basement, shed or other accessory structure thereon provided, however that in any event an accessory apartment may have a gross floor area of at least 600 square feet. Motion Does Not Carry After some Discussion it was voted 2 /3rds Vote Required 132 Voted in the affirmative 2 Voted in the negative 140 Town Meeting Members in Attendance Motion Carried ARTICLE 29 Motion made by Community Planning and Development Committee to amend the Zoning Bylaw by deleting Section 5.5.1 thereof in its entirety, and inserting, in place thereof, the following: 5.5.1 Permitted Accessory Buildings or Structures The following requirements shall apply to any accessory buildings or structures permitted in accordance with the Tables of Uses (Sections 5.3.1 and 5.3.2): 5.5.1.1 General Provisions a. An accessory building or structure shall not be permitted within a Required Front Yard, with the exception of flagpoles and fences. b.. Flagpoles of a height less than 20 feet and fences shall be exempt from the front, side and rear yard requirements set forth in Section 6.0. A building permit shall be required fora flagpole exceeding 20 feet or a fence exceeding six feet in height. c. Accessory buildings may be used for Accessory Apartments only as permitted by Section 5.4.7: d. Any accessory building or structure, including a garage that is less than 10 feet from a principal structure on the lot shall be considered "attached to" the principal structure, and shall be subject to the dimensional limits and requirements applicable to a principal structure. e. Non- residential accessory structures, including vending machines, automated teller machines (ATMs), and electronic game kiosks shall be required to meet the front, side and rear yard requirements for a principal structure in the same zoning district, except as may be authorized by Special Permit from the Zoning Board of Appeals. f. An accessory building or structure that is not an Accessory Apartment may have a footprint that is either 600 square feet or 25% of the gross floor area of the principal structure, whichever is greater. g. Accessory structures, other than garages and structures used for storage shall be exempt from lot coverage requirements. 5.5.1.2 Garages a. All garages shall be subject to lot coverage requirements. 4l Page 492 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 b. Any garage that conforms to the Required Side Yard and Required Rear Yard setbacks for a principal structure in the same zoning district shall be permitted up to the maximum height permitted for a principal structure in the same zoning district; c. Any detached garage in a residential district or accessory to a single or two - family dwelling in a non - residential district may be located within a Required Side Yard or Required Rear Yard, but shall be no less than five feet from the nearest side or rear lot line, and shall occupy no more than 25% of the Required Side Yard or Required Rear Yard Area. d. Detached garages Located within a Required Side Yard or Required Rear Yard: i. shall have a slab to top plate height no greater than nine feet; ii. shall not have dormers or windows on the sides of the roof; and iii. shall not have a full staircase. 5.5.1.3 Home Recreational Facilities A swimming pool, tennis court, sports court, or similar home recreational facility shall be permitted at any size, provided that it conforms to the Required Side Yard and Required Rear Yard setbacks for a principal structure in the same zoning district. A Home Recreational Facility may be located within a Required Side Yard or Required Rear Yard. setback; provided, however, that it shall be no larger than the greater of 600 square feet or 25% of the gross floor area of the principal structure. 5.5.1.4 Other Accessory Buildings or Structures Within Required Side Yards or Required Rear Yards a. Except as otherwise provided in Section 5.5.1, Accessory Buildings or Structures within Required Side Yards or Required Rear Yards shall be limited to one story, or less than 12 feet in height. b. Any accessory building or structure in a residence district or accessory to a single or two- family dwelling in a non - residential district may be located within a Required Side Yard or Required Rear Yard, but shall be no less than five feet from the nearest rear or side lot line, and shall occupy no more than 25% of the Required Side Yard or Required Rear Yard area. 5.5.1.5 Special Permit A Special Permit from the Community Planning and Development Commission (CPDC) may be granted: a. For the following uses in all districts, provided that all Required Front Yard, Required Side Yard and Required Rear Yard setbacks are met, or that the CPDC can reasonably determine that relief from one or more setbacks is warranted and will not be detrimental to abutting properties or to the neighborhood: i. A truck trailer used for storage or advertising; ii. A stand -alone shipping or storage container; iii. A steel storage unit. b. In residence districts, for a temporary storage unit that will be on a property for more than 30 days, provided that all front, side and rear yard setbacks are met. or take any other action with respect thereto. Background: Article 29 is an amendment to Section 5.5 of the Zoning Bylaw, Accessory Buildings or Structures. Article 29 intends to clarify Section 5.5 by separating categories of accessory buildings and structures into their own subheadings,. and by adding specific regulations for each category. Presentation given by: • Nicholas Safina - See Attached 51 Page 493 Reading Memorial High School Preforming Arts Center Finance Committee Report: Bylaw Committee Report: SUBSEQUENT TOWN MEETING No Report No Report November 21, 2016 Community Planning and Delvelpment Committee Report — given by Nicholas Safina: On Monday," July 11, 2016, the CPDC convened to hold a public hearing on the proposed Article 29. 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 and again to Monday, August 22, 2016 at 9:00 PM to allow time for further discussion and public input. On August 22, 2016 the hearing was closed. The CPDC voted 4 -0 -0 to recommend Article .29 to Town Meeting. Motion made by Nancy Twomey, Precinct 3 to amend as follows: b Any garage that conforms to the Required Side Yard and Required Rear Yard setbacks for a principal structure in the same zoning district shall be permitted up to the maximum height permitted for a principal structure in the same zoning district; provided however that such garage shall be exempt from the provisions of Section 5.5.1.1.f Motion Does Not Carry Motion made by John Sasso, Precinct 2 to amend as follows: 5.5.1.3 Home Recreational Facilities A swimming pool, tennis court, sports court, or similar home recreational facility shall be permitted at any size, provided that it is not located in een€erms to the Required Side Yard and Required Rear Yard setbacks for a principal structure in the same zoning district. A Home Recreational Facility may be located within a Required Side Yard or Required Rear Yard setback; provided, however, that it shall be no larger than the greater .of 600 square feet or 25% of the gross floor area of the principal structure. Motion.Carries Motion made by Gary Phillips, Precinct 7 to amend as follows: 5.5.1.2 Garages d Detached garages located within a Required Side Yard or Required Rear Yard: i. shall have a slab to top plate height no greater than nine feet; 61Page 494 SUBSEQUENT TOWN MEETING Reading Memorial High School November 21, 2016 Preforming Arts Center iii. shall not have a full staircase. Motion Does Not Carry Motion made by Gary Phillips, Precinct 7 to amend as follows: 5.5.1.3 Garages d Detached garages located within a Required Side Yard or Required Rear Yard: i shall have a slab to top plate height no greater than nine feet; ii shall not have dormers or windows on the sides of the roof; and iii —sha" net h • e a full staqrease. Motion Does Not Carry Motion made by Bruce Mackenzie, Precinct 8 to amend as follows: The footprint of aAn accessory building or structure that is not an Accessory Apartment may have a feetpr-int that is eithef shall not exceed 600 square feet or 25% of the gross floor area of the principal structure, whichever is greater. Motion Carries After some Discussion it was voted 2 /3rds Vote Required 137 Voted in the affirmative 0 Voted in the negative 140 Town Meeting Members in Attendance Motion Carried as Amended ARTICLE 30: Motion made by Community Planning and Development to amend the Zoning Bylaw by deleting Section 6.2.1 thereof in its entirety, and inserting, in place thereof, the following: 6.2.1 Lot Shape 6.2.1.1 Minimum Lot Width Specified Any newly created lot in a Residential District for which a minimum lot width is specified shall satisfy the following requirements: a Each lot shall have, in addition to the required frontage, the required, minimum lot width at all points between the required frontage and the nearest point on the front wall of any dwelling on such lot; and b The angles formed by the intersection of the side lot lines and the right -of -way providing the minimum frontage shall not be less than 45 degrees. 6.2.1.2 Minimum Lot Width Not Specified 71 Page 495 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21,. 2016 Any newly created lot in any Zoning District for which a minimum lot width is not specified shall satisfy the following requirement: The angles formed by the intersection of the side lot lines and the right -of -way providing the minimum frontage shall not be less than 45 degrees or take any other action with respect thereto. Presentation given by: Nicholas Safina - See Attached Background: Article 30 is an amendment to Section 6.2.1 of the Zoning Bylaw, Lot Shape. Article 30 intends to make the regulation of lot shape more straightforward by removing the calculation. Finance Committee Report: No Report Bylaw Committee Report: No Report Community Planning and Delvelpment Committee Report - given by Nicholas Safina: On Monday, July 11, 2016, the CPDC convened to hold a public hearing on the proposed Article 30. 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 30 to Town Meeting. After some Discussion it was voted 2 /3rds Vote Required 134 Voted in the affirmative 0 Voted in the negative 140 Town Meeting Members in Attendance Motion Carried ARTICLE 31: Motion made by Community Planning and Development to amend the Zoning Bylaw by deleting Section 8.0 thereof in its entirety, and inserting, in place thereof, the following: 8.0 SIGN REGULATIONS 8.1 The sign regulations contained herein are intended to: 1) facilitate efficient communication; 2) avoid conflict between signs and other features of the streetscape; 3) support economic vitality and opportunity; and A) encourage compatibility and harmony with surrounding buildings, land and land uses. 8lPage 496 SUBSEQUENT TOWN MEETING Reading Memorial High School November 21, 2016 Preforming Arts Center 8.1.1 Applicability Within the territorial borders of the Town, a sign may be erected, placed, established, painted, created or maintained only in conformity with the provisions of this Section. Where required, permits for signs are issued by the Building Inspector. 8.1.2 Permit Required No person shall construct, place, erect, display, alter, repair, or relocate a sign, unless exempted by this Section without a valid sign permit issued pursuant to this bylaw. 8.1.3 Zoning Districts Signage is regulated according to zoning district. Zoning Districts are established in Section 3.1. The zoning districts are as shown on the official zoning map which is on file with the Town Engineer. Note that Reading has adopted a Downtown Smart Growth District (DSGD) and a Gateway Smart Growth District (GSGD). Refer to Section 10.5 for DSGD regulations and Section 10.4 for GSGD regulations. For information about signage permitted within a Planned Unit Development (PUD -I or PUD -B), and a Planned Residential Development (PRD), refer to Section 11.0. 8.1.4 Navigating the Sign Bylaw Any person wishing to construct, place, erect, display, alter, repair or relocate a sign is advised to adhere to the following process: 1. Determine the zoning district of the property containing or to contain such sign (see Zoning Map or Town of Reading online GIS mapping system); 2. Determine the sign regulations within that zoning district (see Table 8.6); 3. Consult with the Town's Community Development Director; 4. Submit a Sign Permit Application to the Building Inspector. 8.2 Definitions For the purposes of Section 8.0, the following terms shall have the meanings hereby assigned to them: A -Frame or Sandwich Board Sign: A portable sign that can stand upright without additional supports. Animated Sign: A sign or portion thereof with characters, letters or illustrations that change or are rearranged without altering the face or surface of the sign or signboard, on a continuous or periodic basis, more than eight times per day. Awning or Canopy Sign: A sign painted on or attached to the cloth, canvas or metal cover of a fixed, hinged, rolled or folding type of awning or canopy. 9l Page 1 497 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 Banner or Pennant: Any sign of flexible lightweight fabric or similar material that is mounted or affixed at one or more edges. Beacon: A stationary or revolving light, not primarily illuminating a sign, which flashes or projects illumination, single color or multi- colored, in any manner which is intended to attract or divert attention, except any such fixture which is required by the Federal Aviation Administration or a similar agency, and is installed and operated under the safety regulations of such agency. Billboard: A large, off- premises, outdoor board for displaying advertisements that are either static or animated, and which is subject to regulation by the Office of Outdoor Advertising of the Massachusetts Department of Transportation. Bulletin Board: A permanent non - electronic sign that is located on property that is owned or operated by a charitable, educational, or religious institution or a public body for posting temporary signs. Electric Sign: Any sign containing electric wiring. This does not include signs illuminated by an exterior light source. Electronic Sign: A sign that changes its message or copy at intervals by digital, electronic or mechanical processes, by remote control or other programming device. Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. Any moving illuminated sign shall be considered a flashing sign. Facade: The face of a building, typically the principal or front wall. Feather Banner or Wind Flag: A temporary sign of flexible, lightweight fabric or similar material that is supported along one edge and mounted to a ground base or staked in the ground and intended to blow in the wind to attract attention. Also called a Wind Flag. 498 101 Page SUBSEQUENT TOWN MEETING Reading Memorial High School November 21, 2016 Preforming Arts Center Free- Standing Sign: A permanent sign erected and maintained on a freestanding frame, mast or pole not attached to any building. L....1 Sign[--_i Sign I Sign sign TEXTIFNXT Sign T � i n Stgn Common Free - Standing Sign Types Government Sign: A sign that is constructed, placed or maintained by the Federal, State, or Local government or a sign that is required to be constructed, placed or maintained by the Federal, State, or Town government either directly or to enforce a property owner's rights. L Traffic control signs and /or devices; ii. Numerals that identify the address of a property; iii. Fuel pump information signs; iv. A flag adopted by the Federal government, this State or the Town of Reading. Halo Lighting: A form of internal illumination in which light is only emitted from the back of or from within a letter or graphic shape out towards the surface on which the letter or graphic is mounted without having any light visible through the face or sides of the letter or graphic. Identification Sign: A sign that contains areas that are made available for use by the individual structures or commercial uses operating on the same lot. Illuminated Sign: A sign characterized by the use of artificial light projecting through the letters or .graphics of an opaque sign surface(s) [Internally Illuminated], or reflecting off of the sign surface(s) [Externally Illuminated]. 111 Page 499 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 Instructional or Directional Signage: A Sign that is required by a state or local permit or approval for the safe flow of vehicular or pedestrian traffic or otherwise to protect public safety, health and the environment. Marquee: A canopy or covering structure projecting from and attached to a building and bearing a signboard or copy. Marquee Sign: Any sign attached to or made part of a marquee. Off - Premises Sign: Any sign which directs attention to goods, products, services or commercial uses which are not sold, manufactured or distributed on or from the premises, facility or site on which the sign is located, including any billboard, signs affixed to vehicles, Animated Sign or Electronic Sign on which display space may or may not be leased or rented. Original Art Display: A work of fine art that is displayed in conjunction with a commercial enterprise with the permission of the property owner, but for which the commercial enterprise does not receive direct commercial gain. An original art display does not include: mechanically produced or computer generated prints or images, including but not limited to digitally printed vinyl; electrical or mechanical components; or changing image art display. Portable Sign: Any sign not permanently attached to the ground or any permanent structure, or any sign primarily designed to be transported in any way, regardless of modifications that limit its movability, including signs converted to "A" or "T" frames and /or menu and sandwich -board signs. Projecting or Blade Sign: A sign that is affixed to a building or other structure where the sign face is approximately perpendicular to the building facade. Reader Board or Menu Board: A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or surface of the 121 Page 500 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 sign or signboard. A sign on which the message changes more than eight times per day shall be considered an Animated or Electronic sign. Roof Line: the underside of the eave of a peaked roof or, in the case of an extended fagade or parapet, the uppermost point of said fagade or parapet. MN ROOF Sloping Roof MIMI Flat Roof Mansard Roof Sign: A name, identification, description, display or illustration, which is affixed to, painted or represented directly or indirectly upon a building, or other outdoor surface which directs attention to or is designed or intended to direct attention to the signboard or to an object, product, place, activity, person, institution, organization or business and where sign area means the space enclosed within the extreme edges of the sign for each face, not including the supporting structure or where attached directly to a building wall or surface, the outline enclosing all the characters of the word. Signs located completely within an enclosed building, and not exposed to view from a street, shall not be considered a sign for the purposes of the bylaw herein. Each display surface of a sign or signboard shall be considered to be a sign. Sign Area: The area contained entirely within the signboard or if no signboard is present, the area contained entirely within the smallest rectangle that completely encloses the outer extremities of all graphic material of a sign. 131 Page 501 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center F Signboard ul with Text T xt and Graphics' L- - - - - - - -J November 21, 2016 WIDTH LOLN4 and Gllraphicsj -- - - — — — — — — Text arid, i' Graphics miL - - - - - - Examples of Sign Area Signboard: The surface of durable material upon which letters or other graphic content of a sign is displayed. Sign Height: The distance from the base of the sign at normal grade to the top of the highest attached component of the sign or sign structure. Normal grade shall be construed to be the lower of: 1 Existing grade prior to construction (a), or 2 The newly established grade after construction (b), exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign (c). In cases in which the normal grade cannot be reasonably determined, sign height shall be computed on the assumption that the normal grade is the elevation of the nearest point of the crown of the public street (d) along which the lot has frontage or the grade of the land at the principal entrance (e) to the principal structure on the lot, whichever is lower. 141 Page 502 Reading Memorial High School Preforming Arts Center NEW GRADE - --�• EXISTING GRADE aaa - EXISTING GRADE GRADE PLANTER SUBSEQUENT TOWN MEETING T f7 W S u 0�0 151 Page November 21, 2016 SIGN HEIGHT SWALE 'ABLISHED NORMAL GRADE z AT PRINCIPAL ENTRANCE 503 CONDITION (a) CONDITION (b) x CONDITION (c) -- CONDITION (d) OF PUBLIC STREET CONDITION (e) SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 Temporary Sign: An unlit banner, pennant, poster or advertising display constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood or other like materials and that is intended to be displayed for a limited period of time. Wall- Mounted Sign: A sign affixed directly to or painted on or otherwise inscribed on an exterior wall and confined within the limits thereof of any building and which projects from that surface less than twelve (12) inches at all points. Examples of Wall- Mounted Signs 8.3 Authorized Signs Signs for which no sign permit is required are identified in Table 8.6 and Section 8.3 herein. The following signs are authorized in every district and may be installed upon receipt of a building per (as needed), and shall not affect the computation of allowable number of signs or aggregate sign size on a property, provided that the following is complied with: a Government signs in every zoning district that form the expression of the government when erected and maintained according to law. Such signs may be installed or required to be installed by. the Town of Reading, the Commonwealth of Massachusetts, or Federal Agencies, or with the express written permission thereof, and shall include the following: i. Traffic control devices on private or public property must be erected and maintained to comply with the Manual on Uniform Traffic Control Devices ( MUTCD) adopted in this state and if not adopted by this state, with the MUTCD adopted by the Federal Highway Administration. ii. Each property owner must mark their property using numerals that identify the address of the property so that public safety departments can easily identify the address from the public street. The size and location of the identifying numerals and letters if any must be proportional to the size of the building and the distance from the street to the building. In cases where the building is not located within view of the public street, the identifier shall be located on the mailbox or other suitable device such that it is visible from the street. iii. Where a Federal, State, or Local law requires a property owner to post a sign on the owner's property to warn of a danger or to prohibit access to the property either generally or specifically, the owner must comply with the Federal, State or Local law to exercise that authority by posting a sign on the property. iv. A flag that has been adopted by the Federal government, the Commonwealth of Massachusetts or the Town of Reading may be displayed as provided under the law that adopts or regulates its use. b Instructional and Directional Signage that is unlit and either less than 1 square foot in area or required by government regulation or entity. c Signs on property occupied by religious or educational uses protected by M.G.L. Ch. 40A Section 3 (Dover Amendment). d Original Art Displays e Temporary Signs: Temporary signs are permitted in all zoning districts as follows: 16 1 P.a g e 504 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 1. Each privately -owned property in Town shall be allowed one (1) temporary sign that is no more than six (6) square feet in area. 2. In addition to the one (1) temporary sign, the following may be allowed: iOn a site for which construction has not begun, but which has been issued a building or demolition permit or has an approved site plan, one (1) additional temporary sign not exceeding 32 square feet in area or 8 feet in any dimension may be displayed for a period of up to 1 year. Upon written request and approval of the CPDC the display period for a temporary Redevelopment sign may be extended. ii On a site that is under active construction, where a demolition or building permit has been issued and where at least site preparation work has commenced, one (1) additional temporary sign not exceeding 32 square feet in area or 8 feet in any dimension may be displayed for a period of up to 1 year. Temporary Construction signs shall be removed after the construction, repair or renovation work is completed or within 7 days after the issuance of a final occupancy permit. iii On a site for which a subdivision has been constructed and is .for sale through a licensed real estate agent, by owner, or through advertising in a local newspaper of general circulation, one (1) additional temporary sign not exceeding 48 square feet in area or 8 feet in any dimension may be displayed. Temporary Real Estate signs for subdivisions shall be removed within fifteen (15) days following the date on which a contract of sale has been executed. iv On a site that is for sale through a licensed real estate agent, by owner, or through advertising in a local newspaper of general circulation, one (1) additional temporary sign not exceeding six (6) square feet may be displayed. Temporary Real Estate signs shall be. removed within fifteen (15) days following the date on which a contract of sale has been executed. v On a day when a property owner is opening the property to the public, signs not exceeding four (4) square feet each, may be placed at a rate of one (1) sign per intersection per property and one (1) additional sign on the open house property. vi For up to seven (7) days before and three (3) days after a garage or yard sale, temporary signs not exceeding six (6) square feet may be displayed. Such signs shall be limited to one (1) additional sign on the property on which the garage or yard sale is taking place, and one (1) at each of no more than two intersections of public streets. vii . For a period of time beginning 60 days before a Town of Reading municipal election, a Commonwealth of Massachusetts election, or a federal election, and ending two (2) days after the date of the election, there shall be no maximum number of temporary signs permitted. 3. In addition to flags that are authorized under Section 8.3.a.iv, one (1) flag shall be allowed. 8.4 Prohibited Signs, General The following signs are prohibited in all zoning districts. See Section 8.5 Signs by Zoning District for specific prohibitions. a Privately -owned signs installed or placed on public property, except by express permission of the Town or as otherwise allowed herein. b Signs which interfere with traffic or pedestrian safety, including any which may obstruct traffic or pedestrian visibility or movement at any intersection, along any public sidewalk, into or out of any property, or which by reason of blinking, flashing, or animation by lighting in any fashion can cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance. c Signs placed or painted on any tree, rock, utility pole, traffic safety sign, or similar fixture; painted on any building wall, bench, pavement, parking bumper or curb, or other similar outdoor surface. 171 Page 505 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 d Internally illuminated signs, unless the background or signboard completely blocks illumination or glow except through the letters and graphics. e Flashing signs and signs which contain a beacon of any type; which contain a spot light providing direct illumination to the public; which revolve, rotate, move, or blink, or which fluctuate in light intensity; and animated signs. f Any self - illuminated or backlit signs which use LCD, LED, electronic messaging or digital technology, neon or similar signs except as displayed on the inside of windows subject to the provisions of Subsection 8.5.1d. g Banners as permanent signs. h Reader Board Signs except as price displays at gas stations. i Balloons or tethered blimps used as signs, a movable poster or panel sign, umbrellas containing any commercial message; signs attached to or painted on vehicles travelling or parked on, or visible from any public right -of -way, unless such vehicle is used in the normal day -to -day operation of a business. j Off - Premises Signs, with the exception of temporary signs. k Billboards Signs affixed on or above the roofline of a structure. m Wind Flags and Feather Banners n Signs that contain obscene matter. 8.5 Signs by Zoning District Signs are regulated by Zoning District as specified in Table 8.6 and as follows: 8.5.1 Signs in Business and Industrial Zoning Districts The following signs are allowed in all Business and Industrial Zoning Districts. In addition, refer to Table 8.6. a During hours of operation, one (1) flag not exceeding four (4) feet by six (6) feet, with a minimum ground clearance of eight (8) feet over walkways, sidewalks and entrances of businesses. Ground clearance shall be defined as the distance between the lowest hanging portion or bottom of the flag and the grade directly below. b All awnings and canopies shall be impervious to light so that no illumination or glow can be seen through it. Awnings may contain letters up to four inches in height for a length not to exceed thirty -six inches without requiring a sign permit. Such lettering shall not count toward allowed sign area. All other awnings or canopies with lettering or graphics shall require a sign permit and count as part of the allowed sign area. All awnings and canopies shall have a minimum ground clearance of eight feet. Ground clearance shall be measured between the lowest point of the awning or canopy and the ground or sidewalk. c Bulletin boards are allowed, provided that no free - standing or wall- mounted bulletin board may exceed twelve square feet in size. d Window Signs: Permanently affixed, weather resistant, individual letters that are not subject to wear and tear are permitted on the exterior of the window. Window Signs on the inside surface of the glass are encouraged. Temporary or permanent signs may without permit be attached to the inside of the glass surface of a window (a single structurally supported sheet of glass or a sash) or door, or placed within the premises within five feet of any window or door and situated or designed so that the sign's graphic content is visible from the outside through a window or door, provided that any such sign shall: 1 Be uniformly located only in thirty percent (30 %) of the glass sheet or sash; 2 Contain no letters larger than eight (8) inches in height; 3 Be neat and professional in appearance and be maintained at all times; 4 Have a sign area not to exceed six (6) square feet if the sign is not illuminated; 181 Page 506 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 5 In addition to the above, any illuminated sign shall be placed only in a window, and not in a door, and shall also: a Have a sign area not to exceed four (4) square feet; b Be placed no closer than ten feet from any other internally illuminated window sign on the premises. In cases where there is a door or other architectural break in the fagade this buffer shall be reduced to seven (7) feet; c Be placed only in a window that contains no other signs of any type; and be illuminated only during hours of operation of the business establishment. d Be allowed in conformity with the Subsection 8.5.1e below. e Instructional and directional signs are allowed provided that such signs shall be limited to wall and free - standing signs with a maximum sign area of four square feet per sign. One such sign, not exceeding six (6) feet in height, may be placed at each vehicular entrance or exit on a lot provided such sign does not constitute a traffic hazard; such signs shall not affect the computation of allowable number of signs or aggregate sign size on a property. One such sign, not exceeding six feet in height and four square feet of sign area, may be placed in conjunction with each drive -up bank teller window or machine provided that such sign shall not constitute a traffic hazard. f Marquee signs are prohibited except when displayed on a property housing a legally permitted indoor movie theater and attached to the marquee of the building, provided that the size of the marquee sign shall not exceed twenty - four (24) square feet, and the bottom of the marquee sign shall not be of a height of less than 8 feet above the grade directly below. g Menu boards are prohibited except: • With an A -Frame sign permit issued by the Board of Selectmen. • When located on a lot containing a restaurant having a drive up window: no more than three menu boards are allowed; the maximum aggregate sign area is 100 square feet; no one menu board may exceed 50 square feet; and the illumination shall not project beyond the property line. e Temporary signs located on a lot containing a business that is sponsoring an opening or re- opening, open house, a special sale or a promotional event, are allowed, provided that: • All temporary signs shall have received a sign permit from the Building Inspector; • The individual business shall place no more than four (4) such signs per calendar year for an annual total of 56 days (except in conjunction with an organized common special event as specified below); • No such sign shall exceed sixteen (16) square feet in sign area or thirty (30) square feet in sign area for businesses that have a setback more than fifty (50) feet from the primary street upon which the business is located; • Only one sign for each sponsored opening or reopening per business until the property undergoes a change of use or change of ownership. • In cases where renovation or construction includes removal of permanent signs, a temporary sign is allowed as follows: • Dimensions shall be the same as allowed for temporary signs • May remain during construction provided the construction or renovation is expeditiously pursued • Must be removed upon the installation of the permanent sign • No such sign shall be placed so as to constitute a hazard to motorists or pedestrians; 191 Page 507 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 • If placed upon a window, any such sign shall be included in the aggregate window area specified in Paragraph 8.5.1d above. • A temporary sign may be used as a permanent sign if. it meets the requirements for a permanent sign in the zoning district in which it is located. • In the case of common special events organized by a recognized association of businesses for which a license or Civic Function Permit has been granted by the Board of Selectmen, an individual participating business may display a temporary sign. • Non - illuminated temporary balloons and streamers are allowed provided that they are mounted in a way that does not pose a hazard to pedestrian or vehicular traffic and sight lines as determined by the Zoning Enforcement Officer. • Banners are allowed only as temporary signs four times a year for an annual total of 56 days with a sign permit. f Farm Stands and Garden Stands which do not have permanent windows shall be allowed, without permit or limitation as to number or material, to display temporary signs identifying goods offered for sale on the premises, provided that such signs are kept in good order and that the aggregate total sign area of all such signs on a lot shall not exceed one square -foot per lineal feet of frontage of such lot. g Clocks, not to exceed eight square feet in surface area per side or twelve feet in height, are allowed. h Clocks and thermometers may be included in any free - standing or wall sign, and no more than twelve additional square feet of sign area may be added to the otherwise allowable sign area of such sign. 8.5.1.1 Master Signage Plan In all Business and Industrial Zoning Districts, where a commercial building contains more than one business requiring wall signage, the building owner may submit for approval to the Community Planning and Development Commission (CPDC), a Master Signage Plan. At the owner's discretion, not every business within the building need be provided with a wall sign within the proposed assemblage. So as to provide for a change in business occupancy that may occur within the building, the CPDC will not consider the content of any individual sign contained within the.Master Signage Plan. The Master Signage Plan shall show the size, placement, materials, framing, graphic and design standards for each sign and the assemblage thereof proposed within said allowable maximum sign area, together with proposed lighting and methods of attachment of all such signs. Once the Master Signage Plan has been approved by the CPDC, the Building Inspector may issue a sign permit for any individual business sign if it conforms to the Master Signage Plan. 8.5.2 Signs in Business -A Zoning Districts Refer to Table 8.6 for additional regulations relating to signs in the Business A Zoning Districts. Allowed Sians • Free- Standing • Wall- Mounted • Projecting 201 Page 508 SUBSEQUENT TOWN MEETING Reading Memorial High School November 21, 2016 Preforming Arts Center • Internally or Externally illuminated Prohibited Signs — Specific to Business A (see also Section 8.4) • Single- tenant buildings or lots are not allowed to have both a free- standing sign and a wall- mounted sign • A Frame and Sandwich Board signs Special Regulations A lot or building which contains only one establishment shall be allowed one free- standing sign OR one wall- mounted sign OR one projecting sign only. A lot or building that contains more than one establishment shall be allowed a maximum of the following signs, all of which shall in every respect conform to the requirements of this Section: a One free - standing Identification Sign, and b One additional Identification Sign not to exceed four (4) square feet in sign area, not to exceed eight (8) feet in height, and not located within a Required Front, Required Side, or Required Rear yard as delineated in Subsection 6.0, and c One wall- mounted or projecting sign per business occupying the ground floor and front wall of the building, except in cases where a Master Signage Plan allowing additional signage has been approved.. All internally - illuminated signs shall have a background or signboard that completely blocks illumination or glow such that light is only visible through the letters and graphics. All illuminated signs shall be turned off at the close of business. 8.5.3 Signs in Business-13 Zoning Districts All permanent signs in the Business B Zoning District require a Certificate of Appropriateness (Subsection 8.5.3.1). Refer to Table 8.6 for additional regulations relating to signs in the Business B Zoning Districts. Allowed Sians • Wall- Mounted • Projecting • Awning • Externally Illuminated • Halo -Lit • A -Frame and Sandwich Board signs are permitted, but only upon receipt of an annual permit from the Board of Selectmen. Prohibited Signs — Specific to Business B (see also Section 8.4) • Free - Standing (except as permitted at service stations or by special permit) • Internally Illuminated • Reader Board Special Regulations A lot or building which contains more than one business, may be granted a Certificate of Appropriateness for more than one sign and a maximum of the following signs: a A business occupying the ground floor is allowed two (2) signs if one sign is a wall- mounted sign and the second one is a projecting / blade sign, an awning sign, or a wall- mounted sign located on a different building fagade than the first wall- mounted sign. 211 Page 509 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 The allowable sign area for the primary sign is equal to 2 square feet per linear foot of the portion of the wall of the building occupied by the establishment to which the sign relates in accordance with Table 8.6. The secondary sign area shall not exceed half of the sign area allowed for the primary sign. b Signage for businesses occupying the second floor may be allowed per a Master Signage Plan submitted for review and approval by the CPDC in accordance with Subsection 8.5.1.1 above. c One Identification Sign is allowed provided the following conditions are met: Shall be mounted on the building wall closest to the entrance • Shall not exceed four (4) square feet in sign area • Shall not exceed eight (8) feet in height • Shall not project beyond the property line 8.5.3.1 Certificate of Appropriateness: Community Planning and Development Commission (CPDC) The CPDC shall establish procedures for receiving and reviewing applications for signs in the Business B Zoning District, and for providing written decisions to the Building Inspector. The CPDC shall, in reviewing such applications, consider the design, arrangement, location, texture, materials, colors, lighting, and other visual characteristics of each proposed sign and its compatibility with its general surroundings with regard to the purposes outlined in Section 8.1. If the CPDC shall refuse to issue a Certificate of Appropriateness for any proposed sign, it shall state in writing the reasons therefore, with suggestions as to how the proposal may be modified so as to be approved. If the CPDC shall fail to issue or refuse to issue a Certificate of Appropriateness within forty -five (45) days of the date of a completed application being submitted, the Certificate shall be deemed to have been issued. An appeal from any decision of the CPDC may be made within twenty days of such decision being filed with the Town Clerk, to the Board of Selectmen, who may uphold, modify or overrule the action of the CPDC and grant a Certificate of Appropriateness. In such cases where proposed signs are included as part of a Site Plan Review (Section 4.6) or an application for a PRD Special Permit (Section 11.2), a separate Certificate of Appropriateness shall not be required. 8.5.4 Signs in Business -C Zoning Districts Refer to Table 8.6 for additional regulations relating to signs in the Business C Zoning Districts. Signs allowed in Business C Zoning Districts are subject to the corresponding provisions of Paragraph 8.5.2 Signs in Business A Zoning Districts. Allowed Sians • Free- Standing • Wall • Projecting Internally or Externally Illuminated signs 221 Page 510 SUBSEQUENT TOWN: - MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 Prohibited Signs — Specific to Business C (see also Section 8.4) • Single- tenant buildings or lots are not allowed to have both a free- standing sign and a wall- mounted sign • A Frame and Sandwich Board signs Special Regulations A building located within eighteen hundred (1800) feet of the centerline of an Interstate Highway may have an additional wall sign to be displayed between the top course of windows and the parapet of such building provided that all the following apply: • The sign area shall not exceed fifty percent of the surface area described by the tops of such windows, the parapet, and the wall corners • Letters and logo contained in or constituting such sign shall not exceed eight feet in height • The lowest point of such sign shall not be closer than 48 feet above the ground immediately below • Such sign shall not be illuminated between the hours of 11:00 p.m. and sunrise, and • Such sign shall be located on the building wall most directly facing said highway. 8.5.5 Signs in Industrial Zoning Districts Refer to Table 8.6 for additional regulations relating to signs in the Industrial Zoning Districts. The allowed signs in the Industrial Zoning Districts should conform to the provisions of Section 8.5.4 for Signs in Business C Zoning Districts. Allowed Signs • Free- Standing • Wall Projecting Internally Illuminated Prohibited Signs — Specific to Industrial Zones (see also Section 8.4) • Single- tenant buildings or lots are not allowed to have both a free- standing sign and a wall- mounted sign • A Frame and Sandwich Board signs Special Regulations In conjunction with a PUD Special Permit granted in accordance with Section 11.1 of the Zoning Bylaw, the CPDC may allow modifications to any provision of this Section 8.0.. The CPDC may allow one additional free - standing sign, not to exceed thirty -five feet in height or 144 square feet in sign area, in that portion of the PUD parcel's landscaped perimeter buffer area most closely adjacent to Route 128 but not closer than 500 feet from any other public street existing at the time of submission of a relevant Preliminary PUD Plan. 231 Page 511 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 Notwithstanding anything in this Section 8.0 to the contrary, signs are allowed or permitted in a PUD only in accordance with Section 11.1.5.6. 8.5.6 Signs in Residential Zoning Districts Refer to Table 8.6 for additional regulations relating to signs in the Residential Zoning Districts. Allowed Signs • Wall • Projecting • Decorative banners or flags displayed on residential lots shall not be construed as signs for purposes of this bylaw. Prohibited Signs — Specific to Residential Zones (see also Section 8.4) • Internally Illuminated • Free - Standing (except as allowed by special permit) • A Frame and Sandwich Board signs Special Regulations In conjunction with a PRD Special Permit granted in accordance with Section 11.2, the CPDC may allow modifications to any provision of this Section 8.0. 8.5.6.1 Business or Commercial Signs in Residential Zoning Districts: Legal nonconforming business or commercial operations in any residential zoning district shall follow the Business B- Zoning District regulations as specified in Subsection 8.5.3 except that such signs shall be set back a minimum of twenty feet from any other lot and may be externally illuminated only during hours of operation. 8.5.7 Removal of Defunct Signs In the event a business, other than a seasonal business, ceases operations for a period of time in excess of thirty days, the sign owner or lessee, or the property owner, shall immediately remove all associated signage. If the sign conforms to the provisions of this Section, and if a permit has been requested within said. thirty -day period for altering the same sign in conformity with this Section to identify a new business in the same location, such alteration shall be allowed. 8.5.8 Nonconforming Signs Should any nonconforming sign be damaged by any means to an extent of more than fifty percent of its replacement cost at the time of damage, it shall not be reconstructed except in conformity with the provisions of this Section 8.2. 8.5.9 Signs by Special Permit The CPDC may grant a Special Permit for a free - standing sign within the side setbacks identified in Table 8.6 or Table 6.3 if it finds that the sign complies with the purposes of Section 8.0, that abutting properties are not unreasonably impacted by the sign placement, and that the sign will have no detrimental impact on traffic and pedestrian safety. The CPDC may grant a Special Permit for a free - standing sign in the Business -B or Residential Zoning Districts if it finds that abutting properties are not unreasonably impacted by the sign placement, and that the sign will have no detrimental impact on traffic and pedestrian safety. The CPDC may consider the following when reviewing the Special Permit request: the character of the surrounding neighborhood; the principal use of the 241Page 512 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 property or business; the location of the parking; landscaping in the front yard setback; and the presence of other signs on the property. 8.6 Table of Signs Permitted by Zoning District 251 Page 513 t All Zoning Districts: Government Signs & N NA NA NA NA NA Flags Signs on Properties with N NA NA NA NA NA Uses Protected under M.G.L. Ch. 40A §3 Unlit Instructional Signs N 1 NA NA NA NA Unlit Identification Signs N 1 8(a) NA NA NA Original Art Displays N NA NA NA NA NA Temporary Signs, All Zoning Districts: First Temporary Sign N 6 NA NA NA 1 /Lot NA Site w /Active Building or Demo Permit or Site Plan N 32 (4x8) NA NA 20 +1 /Lot 1 year (b) Approval Site w /Active Building or Demo Permit, Under 1 year (b), Active Construction, N(i) 32 (4x8) NA NA 20 +1 /Lot (c) Where Site Preparation has Commenced +1 /Subdivision Site having Subdivision N(i) 48 (6x8) NA NA NA or ANR (d) or ANR Lots for Sale Endorsement Site For Sale N(i) 6(h) 6 NA NA +1 /Lot d Day of Open House N 4 NA NA NA +1 /Lot & +1:/intersection 1 day +1 /Lot & +1 7 days Site w /Garage Sale N 6 NA NA NA for each of 2 before & 3 intersections days after 60 days Municipal, State or N NA NA NA NA No Maximum before & 2 Federal Election days after Other Flag N NA NA NA NA 1 NA Business -A, Business -C and Industrial Zoning Districts: Free - Standing Y 50(e) 20 0 20(k) 1 /Lot (m). Wall- Mounted Y 2/4(g) (a) NA 10 1 /business (m) "Projecting / Blade Y 8 (a)(j) NA 10 1 /business (m) Banners and Pennants Y NA NA NA NA NA 56 days Temporary Flag Y 24 (4x6) Ground clearance of 8 feet 1 /business Hours of required. operation Temporary Business Sign Y 16 or 30 See Section 8.5.1e 4 /year 56 days Special Event Sign Y NA See Section 8.5.1e 4 /year 14 days Awnings & Canopies =N Must be opaque. Letters may not exceed 4" in height or 36" in 251 Page 513 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 . - .., . .,.. a u ��. � �+�� � `�(y $� `y, ��yjM - y�''Y � R�-�c „„„{{{e4',;„ ... C� `'F S'i 4`t— ti,, � ,,•,y�. � � - d^ ��$' ���i,�;3f ■� ��,� "i a �14+' s` �R'3��y" }���4�� >�� ' Y, length.. Business -A, Business -C and Industrial Zoning Districts, Cont'd: Other Awnings & Y Letters greater than 4" in height will count toward sign area. Canopies Ground clearance of 8 feet required. Bulletin Boards N Maximum of 12 SF allowed. Window or Door Signs N See Section 8.5.1d Clocks May not exceed 8 SF per side or 12 feet in' height. Clocks / Thermometers May be included as part of a free - standing or wall- mounted sign. as part of sign May not add more than 12 SF of additional area to sign. Farm /Garden Stand Sign N See Section 8.5.1f Business -B Zoning Districts: A -Frame Y Regulated by the Board of Selectmen - Annual Permit Wall- Mounted Y 2(f) (a) 0 0 2 /business Projecting / Blade Y 8 ' (a) (j) -4 0 1 /business Free-Standing by SP SPP(I ) 35(e) 10.5 0 20 1 /Lot Free- Standing Y 35 14. 0 20 1 /Lot Service Stations only) Banners and Pennants Y NA NA NA NA NA 56 days Temporary Flag Y 24 (4x6) Ground clearance of 8 feet 1 /business Hours of required. o eration Temporary Business Sign Y 16 or 30 See Section 8.5.1e 4 /year 56 days Special Event Sign Y NA See Section 8.5.1e 4 /year 14 days Awnings & Canopies N Must be opaque. Letters may not exceed 4" in height or 36" in length. Other Awnings & Y Letters greater than 4" in height will count toward sign area. Canopies Ground clearance of 8 feet required. Bulletin Boards N Maximum of 12 SF allowed. Window or Door Signs N See Section 8.5.1d Clocks May not exceed 8 SF per side or 12 feet in height. Clocks/ Thermometers May be included as part of a free - standing or wall- mounted sign. as part of sin May not add more than 12 SF of additional area to sign. Farm /Garden Stand Sign N Total of all signs may not exceed 1 SF /linear foot of lot frontage. Residential Zoning Districts: Wall- Mounted & See Section 8.5.6 Projecting Signs Free - Standing by SP SPP No parameters specified. Banners or Flags N No parameters specified. Do not count towards sign area. Signs associated with Shall comply with Business B Zoning District Sign regulations. Shall be set Legal Business or back at least 20' from adjacent lots. Shall be illuminated only during hours Commercial Operations I of operation. 261 Page 514 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 NOTES: a No portion of such Sign shall extend higher than the bottom of the sills of the windows of the second floor of a building or higher than the lowest portion of the eaves or, in the case of a gabled wall, no higher than a line equal in Height to the lowest portion of the lower eave of any adjoining Building wall, whichever of the above is lowest. b With the approval of the CPDC, such display period may be extended. c Such Sign shall be removed after the construction, repair, or renovation work is completed or within seven (7) days after the issuance of a final occupancy permit. d Signs shall be removed within fifteen (15) days following the date on which the final contract of sale has been executed. e In cases where more than one business occupies a Lot, the Sign may be a maximum of 75 square feet in Sign Area. f . If the facade on which the sign is mounted is less than 100 feet from the centerline of the street which the sign faces,-the maximum sign area shall be equal to 2 square feet per linear foot of said fagade occupied by the establishment to which the sign relates; if such distance is more than 100 feet, the maximum sign area shall be equal to 4 square feet per linear foot of said fagade so occupied. g No Wall- Mounted Sign for a non - residential establishment shall exceed a Sign Area equal to 2 square feet per linear foot of length of the front Facade of the Building occupied by the establishment to which the Sign relates. h On a site in an Industrial Zoning District that is advertised for sale or listed through a licensed real estate agent, one (1) additional Temporary Sign is allowed per business with a maximum Sign Area equal to 2 square feet per linear foot of the Building Fagade occupied by the business to.which the Sign relates. Only as shown on a Plan approved by the CPDC. j Projecting /Blade Signs shall be at least eight (8) feet from the ground and may project no more than four (4) feet from the structure. k A Special Permit may be granted by the CPDC. Free - Standing Signs shall be permitted only where the principal business entrance is located more than 40 feet from the centerline of the street in front of the Lot. The CPDC may waive the 40' business entrance Setback requirement for Signs in existence as of the effective date of this amendment. See Subsection 8.5.9. m Single- tenant Buildings or Lots are not allowed to have both a Free - Standing Sign and a Wall- Mounted Sign. or take any other action with respect thereto. 271 Page 515 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 Background: Article 31 is an amendment to Section 8.0 of the Zoning Bylaw, Signs. Article 31 is a recodification of the Sign Bylaw to bring it into compliance with a 2015 Supreme Court decision without substantially changing any of the regulations. In early 2016, Town Counsel cautioned the Town that the current Sign Bylaw is unconstitutional based on the 2015 Supreme Court decision in Reed v Town of Gilbert, 135 S.Ct.2218. In short, the Court ruled that regulating a sign based on its content or function is unconstitutional because doing so equates to government regulation of speech. Many provisions of the current Sign Bylaw are content - based: they attempt to regulate signs based on their communicative content. Therefore, the Sign Bylaw, if challenged in court, would almost certainly be struck down as unconstitutional. Recodifying the Sign Bylaw became a top priority for the CPDC, and they announced it at Town Meeting in April, at the June 21St Board of Selectmen meeting, and to the business community on June 28th. A Sign Working Group was established to spearhead the recodification process. The Sign Working Group held Open Public Meetings on March 28th, April 191h, May 3rd, May 16th, June 14th, and August 16th to prepare draft edits to the Sign Bylaw based on continuous feedback from Town Counsel. These drafts were discussed at many regularly scheduled CPDC meetings throughout 2016, and at the August 8th Public Hearing, which was continued on August 22nd The goal of recodification is to bring the language of the Sign Bylaw into conformance with the Supreme Court ruling without substantially changing any of the regulations. [Substantial changes to sign regulations will be considered at a future Town Meeting.] Presentation given by: • Nicholas Safina - See Attached Finance Committee Report: No Report Bylaw Committee Report: No Report Community Planning and Delvelpment Committee Report - given by Nicholas Safina: On Monday, August 8, 2016, the CPDC convened to hold a public hearing on the proposed Article 31. 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 August 8, 2016 public hearing was opened at approximately 7:30 p.m. Any comments received at the hearing were included as part of the record of the hearing. The public hearing was continued to Monday, August 22, 2016 at 9:00 p.m. to allow time for further discussion and public input. On August 22, 2016 the hearing was closed. The CPDC voted 4 -0 -0 to recommend Article 31 to Town Meeting.. Motion made by Megan Young, Precinct 4 to amend 8.2 as follows: Move stFiket:fireuo text to 8.3.f and move the bold text to "n" within notes Sign: A name, identification, description, display or illustration, which is affixed to, painted or represented directly or indirectly upon a building, or other outdoor surface which directs attention to or is designed or intended to direct attention to the signboard or to an object, product, place, activity, person, 281 Page 516 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center November 21, 2016 institution, organization or business including the supporting structure or where attached directly to a building wall or surface. the eatline enelesing all the ehaFaeteFS ef the WeFd. Signs located completely within an enclosed building, and not exposed to view from a street, shall not be considered a sign for the purposes of the bylaw herein. F=aeh display suFfaee ef a sign er- s gnbeard shall be Motion Does Not Carry Motion made by Jack Russell, Precinct 3 to amend 8.3.e.vii as follows: vii For a period of time beginning 60 days before a Town of Reading municipal election, a Commonwealth of Massachusetts election, or a federal election, and ending two (2) days after the date of the election., there shall be ne maxingung number ef- temp ^ ermitted...Multiple signs each no more than 6 square feet are allowed. Municipal, N State or Federal Election Motion Carried NA 6 NA NA NA Motion made by Jonathan Barnes to amend 8.1 as follows No 60 days Maximum before & 2 days after 8.1 The sign regulations contained herein are intended to: 1) facilitate efficient communication; 2) avoid conflict between signs and other features of the streetscape; 3) support economic vitality and opportunity; and 4) encourage compatibility and harmony with surrounding buildings, land and land uses; and enhance and protect the physical appearance of the community. Motion Carried After some Discussion it was voted 2 /3rds Vote Required 109 Voted in-the affirmative 0 Voted in the negative 140 Town Meeting Members in Attendance Motion Carried as Amended Bill Brown, Precinct 8 moved to adjourn the 2016 Subsequent Town Meeting sine die at 10:21 PM with 140 Town Meeting Members in attendance. 291 Page 517 SUBSEQUENT TOWN MEETING Reading Memorial High School Preforming Arts Center Motion Carried A true copy Attest: Alzv� Laura A Gemme, CMMC Town Clerk 301 Page 518 November 21, 2016 SPECIAL TOWN MEETING LICENSES Reading Memorial High School Preforming Arts Center November 21, 2016 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:35 PM, there being a quorum present. The Warrant was partially read by the Town Clerk, Laura Gemme, when on motion by John Halsey, Board of Selectmen, it was voted to dispense with further reading of the Warrant. Motion made by John Halsey, Board of Selectmen to dispense of the reading of all motions in their entirety. ARTICLE 1: Motion made by John Halsey, Board of Selectmen and Article 1 was tabled ARTICLE 2: Motion made by John Halsey, Board of Selectmen and Article 2 was tabled ARTICLE 3: Motion made by John Halsey, Board of Selectmen and Article 3 was tabled ARTICLE 4: Motion made by John Halsey, Board of Selectmen that the Town vote to authorize the Board of Selectmen, on behalf of the Town, to petition the General Court for passage of a special law substantially as provided below. The Legislature may make clerical or editorial changes in form only to the bill, unless the Board of Selectmen approves amendments to the bill before enactment by the Legislature. The Board of Selectmen is hereby authorized to approve amendments that shall be within the scope of the general public objectives of this petition. AN ACT AUTHORIZING THE TOWN OF READING TO GRANT LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES ' SECTION 1 No the provisions of Section 11 of Chapter 138 of the General Laws, or any other general or special law to the contrary, the licensing authority of the Town of Reading shall be authorized under said Chapter 138 to grant licenses, for the sale of all alcoholic beverages and wine or malt beverages only, pursuant to Section 12 of said Chapter 138; and to grant licenses for the sale of all alcoholic beverages pursuant to Section 15 of said Chapter 138. SECTION 2 In addition to any licenses authorized by Chapter 459 of the Acts of 2011 or other special law, licenses for the sale of all alcoholic beverages may be granted pursuant to Section 12 and Section 15 of Chapter 138 of the General Laws as provided in the first full paragraph of Section 17 of said Chapter 138; and licenses, for the sale of wine and malt beverages only, may be granted pursuant to Section 12 of said Chapter as provided in the second full paragraph of Section 17 of said Chapter 138. 1 1 P a g e 519 SPECIAL TOWN MEETING LICENSES Reading Memorial High School Preforming Arts Center November 21, 2016 SECTION 3 Any license granted for the sale of alcoholic beverages prior to the effective date of this Act shall remain in full force and effect and shall be included in any determination, pursuant to Section 17 of Chapter 138 of the General Laws, of the number of licenses allowed to be granted by the Town of Reading; provided that the licensee continues to comply with said Chapter 138 and the terms and conditions of its license. Background: In the spring of 2017 the Massachusetts Alcoholic Beverages Control Commission (ABCC) plans to introduce an online application process for liquor licenses in local communities. Currently such applications are processed only in- person through the Town Manager's Office. In working very recently with the state in advance of this online service launch, we have learned there are discrepancies between the amount of liquor licenses that Reading believes it . has and what the ABCC believes the town has. For example a 2005 Town Meeting voted against authorizing beer & wine package stores, but the ABCC believes the town has five such licenses. Below is the certified Article from the 2005 Annual Town Meeting showing the vote on beer & wine package store licenses: ARTICLE 25 — On motion by Camille W. Anthony, member of the Board of Selectmen, it was moved to authorize the Board of Selectmen to petition the General Court for a special act providing that notwithstanding Section 17 of Chapter 138 of the General Laws, or any other general or special law to the contrary, five licenses may be granted in the Town of Reading for the sale of wine and malt beverages not to be drunk on the premises under Section 15 of Chapter 138 of the General Laws. Such licenses shall be subject to all of said Chapter 138, except for Section 17, said special act to take effect after an affirmative vote at a Town Election following approval of the special act. And, further, that the Board of Selectmen is hereby authorized to take all necessary action in support of this Article. The Counted Vote, which was requested was 12 voted in the affirmative and 112 voted in the negative, the motion did not carry. We also discovered some possible discrepancies in liquor license records that date back to the early 1970s. Since time was of the essence, we devoted our legal resources to fixing this problem rather than fully understanding why the ABCC differs from Reading. This Article will tell the ABCC clearly and exactly what licenses the town of Reading has. Only two paths forward accomplish this. A typical approach used by communities since the 1970s is to go straight to the voters in three consecutive state elections. That path in this instance would take six years. This Article will instead request an immediate home rule petition, which will then likely be required to go to local voters in April 2017. This timing should avoid the possibility of a good faith application made through the online ABCC system for a license the town does not have being made, and protect all existing licenses that have been issued. Note that requests for beer and wine package store licenses do regularly appear currently in the Town Manager's Office where they are denied. In the future, the Board of Selectmen may consider changes to the current liquor license policy and request action by Town Meeting. However this Article is simply to maintain the status quo. Presentation given by: • Robert LeLacheur - See Attached Finance Committee Report: No report Bylaw Committee Report: No report 21Page 520 SPECIAL TOWN MEETING LICENSES Reading Memorial High School Preforming Arts Center Counted Vote 129 Voted in the affirmative 0 Voted in the negative 140 Town Meeting Members in Attendance Motion Carried November 21, 2016 On motion by John Halsey, Board of Selectmen, it was voted that this Special Town Meeting stand adjourned sine die. Meeting adjourned sine die at 7:47 PM with 140 Town Meeting Members in attendance Motion Carried A true copy Attest: Laura A Gemme Town Clerk 31 Page 521 7P3�' Town of Reading RPSGUEST gajEju7R Special Town Meeting Liquor Licenses November 21, 2016 2016 November Special Town Meeting Liquor Licenses Overview Article 1 Reports — table Article 2 Instructions — table Article 3 Capital Plan — table Article 4 Request Special Act 522 � : e 2016 November Special Town Meeting Article 4 Special Act SPECIAL ACT SECTION 1: MGL Chapter 138, Section 11 requires four questions to be placed on the local ballot at biennial state elections (every other November, in the even years): A. Shall licenses be granted in this city (or town) for the sale therein of all alcoholic beverages - (whiskey, rum, gin, malt beverages, wines and all other alcoholic beverages)? • B. Shall licenses be granted in this city (or town) for the sale therein of wines and malt beverages (wines and beer, ale and all other malt beverages)? • C. Shall licenses be granted in this city (or town) for the sale therein of all alcoholic beverages in packages, so called, not to be drunk on the premises? D. Shall licenses be granted in this city (or town) for the sale of all alcoholic beverages by hotels having a dining room capacity of not less than ninety -nine persons and lodging capacity of not less than fifty rooms? 2016 November Special Town Meeting Article 4 Special Act SPECIAL ACT SECTION 1 (continued): • An affirmative vote on a.question authorizes the issuance of a license type for two years. • Once the Town has voted three consecutive times (over a six year period) in the same manner (either affirmatively or negatively), then it will be taken to have authorized or denied the issuance of the license type until the Town votes otherwise. • The Secretary shall not place the question on the ballot after the three consecutive votes, unless a citizen's petition is filed with the Secretary. • Additional questions may be placed on the ballot through a citizens petition or by Special Act. 523 2 2016 November Special Town Meeting Article 4 Special Act SPECIAL ACT SECTION 1 (continued): There is evidence that in 1970 the Town voted against Question A (All Alcohol) and B (Wine and Beer). To our knowledge, the Secretary did not place these questions on the ballot again. There is evidence that the Town voted affirmatively for Question C (Package Stores) on two occasions (1970, 1972), but we have no evidence that the Town voted a third time on this question. • Typically the Secretary of State would insist that these questions be place on the ballot, so we are unsure what happened. 2016 November Special Town Meeting Article 4 Special Act SPECIAL ACT SECTION 1 (continued): • Since following the requirements of Section 11 would take six years — this Special Act is much faster and will protect existing license holders, just in case. • The Town wishes to grant liquor licenses under Section 12 (On- Premises Pour Licenses), Section 15 (Package Store License), and Section 14 (Special One Day). 524 3 2016 November Special Town Meeting Article 4 Special Act SPECIAL ACT SECTION 2: • Section 17 establishes a quota for all alcohol and wine and beer only licenses issued under Section 12 and Section 15. • Currently, the Town issues all alcohol and wine and beer only Section 12 licenses, and all alcohol Section 15 licenses. • Annual 2005 Town Meeting voted against offering Section 15 wine and beer only licenses by a 12 -112 vote. �� � oaf �� � ,' • i1t `��' �z` ea e� ns�^�tt �, AEI 2 01 z� c" z 3� P AM Wine and beer only YES NO o � 2016 November Special Town Meeting Article 4 Special Act SPECIAL ACT SECTION 2 (continued): • Notwithstanding the 2005 Town Meeting Vote, the ABCC believes the Town has five available wine and malt beverages package store licenses. • Section 2 of this Special Act codifies the Town's current policy of only issuing all alcohol Section 15 licenses under Section 17. • In the future, the Town could reconsider the status quo and could vote to issue Section 15 wine and beer licenses. 525 4 2016 November Special Town Meeting Article 4 Special Act SPECIAL ACT SECTION 3: • Belt & Suspenders in order to protect all existing liquor license holders as of this date. A full list is on the next few slides. • Section 12 (On- Premises Pour Licenses) — 20 licenses issued — 18 all- alcohol (14 restaurants; 4 clubs) — 2 wine & malt {1 restaurant; 1 general on premise) • Section 15 (Package Store License) — 6 licenses issued — 6 all- alcohol package stores 2016 November Special Town Meeting Article 4 Special Act Section 12 (On- Premises Pour Licenses) — 20 licenses issued All Alcoholic — Restaurants (14) • Anthony's Coal Fired Pizza — 48 Walkers Brook Drive • Bertucci's Italian Restaurant - 45 Walkers Brook Drive • Cafe Capri — 355 Main Street Chili's Grill & Bar — 70 Walkers Brook Drive • Chipotle — 46 Walkers Brook Drive • Fuddruckers — 50 Walkers Brook Drive • Biltmore and Main Bar & Grill — 530 Main Street • Longhorn Steak House - 39 Walkers Brook Drive • Mandarin Reading Restaurant — 296 Salem Street • Oye's — 26 Walkers Brook Drive • Ristorante Pavarotti — 601 Main Street • Fusilli's Cucina —107 Main Street • Venetian, Moon Restaurant — 680 Main Street • Bunratty Tavern — 622 Main Street 526 llllllllllllil F IIIIIIIIIII111 2016 November Special Town Meeting Article 4 Special Act Section 12 (On- Premises Pour Licenses) — 20 licenses issued (continued) All Alcoholic — Clubs (4) • Knights of Columbus — 11 Sanborn Street • Meadow Brook Golf Club — 292 Grove Street • Reading Overseas Veteran's, Inc. - 575 Main Street • Reading Veteran's Association /American Legion — 37 Ash Street Wine & Malt — Restaurants (1) • Bangkok Spice Thai Restaurant, 76 Haven Street Wine & Malt — General on Premise (1) • The Art Lounge on Haven, 78 Haven Street A 2016 November Special Town Meeting Article 4 Special Act Section'!5 (Package Store License) — 6 licenses issued All Alcoholic — Package Stores (6) Anstasi Brookline Inc. d /b /a Reading Fine Wines and Spirits, 28 Walkers Brook Drive • HT Reading Liquors LLC d /b /a Wine and Spirits — 345 Main Street • Jay and Ricky Inc. — 212 Main Street • Raksha Inc. d /b /a Square Liquors —11 High Street • Kajal and Kevin LLC d /b /a The Liquor Junction — One General Way • Pamplemousse Inc. d /b /a Pamplemousse— 26 Haven Street Wine & Malt — Package stores (0) • None issued (ABCC believes we have five available) 527 6