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HomeMy WebLinkAbout1970-06-22 Special Town Meeting Minutes 94 Adjourned Special Town Meeting June 22, 1970 Memorial High School Auditorium The meeting was called to order by the Moderator, Kenneth C. Latham, at 8:00 P. M. The invocation was given by Rev. Jack Cavanaugh of the Baptist Church. The Town Clerk read the Notice and his Return on posting Notice of Proposed Reconsideration of Article 1, in accordance with Article II, Section 3, of the General By-Laws of the Town, of vote passed at the Special Town Meeting held on June 15 , 1970. - It was moved by Marvin M. Rosenthal that the following vote under Article 1 be reconsidered: "ARTICLE 1. Marvin M. Rosenthal moved that this Town Meeting direct the School Construction Committee for the High School, to report any ex- tra costs authorized by them in the construction of the addition to the Reading High School and to cause such reports to be submitted to the Reading Chronicle for publication. Such reports will contain the speci- fics of such extras, the cost, and whether or not said extras were due to architectural or engineering deficiencies. This motion did not pass. 55 voted in the affirmative 56 voted in the negative" This motion for Reconsideration did not pass. 27 voted in the affirmative 106 voted in the negative ARTICLE 15. On motion of Edward J. Taylor, Jr. , which was made at the Special Town Meeting on June 15, 1970, and as amended by James R. Boucher and .William H. Diamond, it was voted that the Zoning By-Laws and Mapofthe Town be amended as follows: DEFINITIONS Add: A Flood Plain district is a district which includes only lands sub- ject to seasonal or periodic flooding. SECTION I. Establishment of Districts _ Existing: For the purpose of this by-law, the Town of Reading is hereby divided into nine classes of districts as follows: Delete: "nine" Revised: For the purpose of this by-law, the Town of Reading is hereby div- ided into classes of districts as follows: Add: 10. Flood Plain districts. (New dwellings prohibited, except upon receipt of a special permit. ) SECTION II Add: Where boundaries of Flood Plain districts are indicated, the line shall be the mean sea level contour as defined in the section entitled "Flood Plain districts" . SECTION III. General Regulations. Add: 3E. In Flood Plain districts , all uses other than as described in Section XXV are prohibited except when a permit is granted by the Board of Appeals. Uses allowed under such permit shall be only as described in Section XXV, paragraph 5. , SECTION V. Use Regulations in Residence Districts. Add. 7. The erection of single-family houses, multi-family houses or apartments in a Flood Plain district is prohibited except when a special permit is granted by the Board of Appeals as described in Section XXV, paragraph 5. Adjor.rned Special Town Meeting June 22, 1970 9.5 SECTION XVII. Non-Conforming Uses. Add: e. No building existing in a Flood Plain district shall be extended or enlarged, provided, that this shall not apply to buildings or structures located upon land of any established rifle, pistol or shotgun range. Add: Part 6. Special Districts SECTION XXV. Flood PlAin Districts. 1. The purpose of this Section, in addition to the purposes enumerated in the preamble to these zoning by-laws, is to provide that lands in the Town of Reading subject to seasonal or periodic flooding as described hereafter shall not be used for residence or other prposes in such a man- ner as to endanger the health or safety of the occupants thereof. 2. The location of the Flood Plain districts shall include the areas shown on the "Zoning Map' of the Town of Reading, Massachusetts" , dated February, 1942 , as amended, with contours determined by the Board of Pub- lic Works. The locations of said districts are more specifically described as follows: a. Ipswich River All that land along or sloping toward the Ipswich River that is at or below an elevation of 75.0 feet above mean sea level , beginning at a benchmark located at the intersection of Route 28 and the 75.0 foot contour line, extending westerly to the intersection of said contour line and forest land already in Town ownership, known as the Town Forest. b. Aberjona Wetlands All that land along or s)oping toward the Aberjona River system: (1) Upstream of Willow Street and Summer Avenue to Lowell Street that is at or below an elevation of 90.0 feet above mean sea level; (2) Between Willow Street and West Street at or below an eleva- tion of 85.0 feet above mean sea level; ( 3) Westerly of West Street to the Reading Town Line (in two locations) at or below an elevation of 80.0 feet above mean sea level. C. Saugus River and Timberneck Swamp All that land along or sloping toward the headwaters of the Saugus River and Timberneck Swamp that is at or below an elevation of 90.0 feet above mean sea level , southerly and easterly of Charles Street, and nol +therly o Salem Street. d. Bear Meadow Brook and Cedar Swamp All that land along or sloping toward Bear Meadow Brook: (1) . Bounded easterly by the Reading-Lynnfield Town Line, and northerly by the Reading-North Reading Town Line and westerly and southerly by Haverhill Street that is at or below an elevation of 80.0 feet above mean sea level; (2) All that land lying southerly of the Reading-North Reading -- - Town Line and the Ipswich River bounded westerly by Route 28 and easterly by Haverhill Street that is at or below an elevation of 80.0 feet above mean sea level. 3. All lands within the Flood Plain districts are included in one or more of the other districts defined by this By-Law. The permitted uses specified in Section XXV, paragraph 4, take precedence in areas so classi- fied. If, however, an exception under Section XXV, paragraph 5, is granted by the Board of Appeals , then the permitted uses of the underlying zoning district shall govern. 4. In a Flood Plain district, no new building shall be erected and no premises shall be used except for one or more of the following uses: a. Municipal recreation, public water supply, drainage or flood control use, orchard, truck garden, nursery, or similar open use of the land for the raising of agricultural or horticultural crops, for rifle, pistol and shotgun shooting on land of any established range; and if authorized ky the Board of Appeals, commercial golf course, or ncn-profit social , civic or recreational use (but not including any use the chief activity of which is one customarily conducted as a business) ; and build- ings and sheds accessory to any of the above uses, as long as such use is permitted in the underlying district in which the land Is classified, but no dumping, filling, or earth transfer or relocation oj)eration except for utility trenches, driveways, landscaping, accessory building foundations, or municipal or public facilities enumerated above. 96 Adjourned Special Town Meeting June 22, 1970 b. Dwellings lawfully existing prior to the adoption of these pro- visions, but which shall not thereafter be enlarged or extended. 3. If any land shown on the Zoning Map or defined in the By-Laws as being in a Flood Plain district is proven to be in fact not subject to flooding or not unsuitable for human occupancy because of drainage and topographic conditions, and if the use of such land will not be detrimental to the public halth, safety and welfare, the Board of Appeals may permit build- ings for human occupancy on such land in accordance with the requirements of the underlying district after the necessary proof has been presented to and reported on by the Board of Survey and the Board of Health. 123 voted in the affirmative 21 voted in the negative ✓ ARTICLE 12. On motion of Nancy Wilson Anderson it was voted that the Selectmen be and they hereby are, for and on behalf of the Town, authorized to acquire by purchase, right of eminent domain, deed of gift, dedication, or otherwise for conservation purposes, the following described parcel of land, and that the sum of One Dollar ($1.00) be raised from the tax levy and appropriated for such acquisition the following described parcel of land: Beginning at a point at the Northeasterly corner of the granted prem- ises by land of Donald and Eleanor Higgins and land of Richard L. and Carol M. McNeil, thence the line runs SOUTHWESTERLY: by land of said McNeil and land of Charles E. and Marie P. McCarthy and land of Flora Redmond a distance of three hundred seven and 76/100 feet ( 307. 78' ) to land of Richard E. Merrill, thence SOUTHWESTERLY: by land of said Merrill a distance of two hundred fifteen and 97/100 feet (215.97' ) to a stone wall, thence NORTHWESTERLY: more Northerly, by said stone wall and across the drainage easement still by Merrill , a distance of fifty-one and 39/100 feet (51. 39' ) to land of William F. and Nettie Bertha Pitman, thence NORTHERLY: by land of said Pitman partly by a ditch, one hundred ninety and 00/100 feet (1901 ) to the end of a stone wall and corner of the ditch at land of said Higgins, thence , EASTERLY: partly by a ditch and land of said Higgins, three hun- dred forty--eight and 08/100 feet ( 348.08' ) to a corner, thence NORTHERLY: . still by Higgins thirty-five and t2/100 feet ( 35.52' ) thence ' EASTERLY: still be land of Higgins by two (2) courses forty-seven and 67/100 feet (47.67' ) and fifty-four and 68/100 feet (54.681 ) to the point of b4nning. Being shown on a "Compiled Plan of Land in Reading for the Conserva- tion Commission of the Town of Reading, April 1970. Scale 1"=401 . H. Kingman Abbott, Registered Surveyor, Reading, Massachusetts. 144 voted in the affirmative 0 voted in the negative ARTICLE 13. On motion of James R. Boucher it was voted that the Selectmen be and they hereby are, for and on behalf of the Town, auth- orized to acquire by purchase, right of eminent domain, deed of gift, dedication, or otherwise for Conservation purposes, the following des- cribed parcel of land, and that the sum of One Dollar ($1.00) be raised from the tax levy or transferred from available funds and appropriated for such acquisition the following described parcel of land: Beginning at the Northeasterly corner of the granted premises at , the Southwesterly corner of "H" Street the line runs Southerly by var- ious courses a total distance of four hundred eighty-eight and 88/100 feet (488.88' ) to the Southwesterly corner of "F" Street, thence the line runs SOUTHWESTERLY: by land of' Clifton P. Englund a distance of five hundred forty-seven and 17/100 feet (547.171 ) to the center of a Drain- age Easement, thence NORTHERLY: by said center of Drainage Easement by lands of Robert E. Lee et ux, Robert M. Kantar et ux and Thomas J. Blake et ux a distance of two hundred ninety-nine and 40/100 feet (299.401 ) to an angle, thence NORTHERLY: by said center of Drainage and land of Blake, a dis- tance of thirtl,-two and 07/100 feet (32.07' ) , thence EASTERLY: by said Englund a distance of one hundred fifty-five and 70/100 feet (155.70) , thence Adjourned Special Town Meeting June 22, 1970 97 NORTHERLY: by said Englund a distance of three hundred ninety and 00/100 feet ( 390' ) , thence EASTERLY: still by said Englund a distance of four hundred seventy- nine and 62/100 feet (479.62 ' ) to the Southerly side of "H" Street and the point of beginning. Being shown on a "Plan of Land in Reading drawn for the Conservation Commission of the Town of Reading. Albert J. Schneider, Chairman, April, 1970. Scale 1"=100' . H. Kingman Abbott, Registered Surveyor, Reading, Massachusetts" . 144 voted in the affirmative 0 voted in the negative V ARTICLE 14. On motion of Charles Stratton it was voted that the Selectmen be and they hereby are, for and on behalf of the Town, author- ized to acquire by purchase, right of eminent domain, deed of gift, dedi- cation, or otherwise for Conservation purposes under General Laws, Chap- ter 40, Section 8C , ..s amended, a certain parcel of la:zd belonging to Hector A. and Lillian J. Xavier, and that the sum of Sixteen Thousand Dol- lars ($16,000.00) be transferred from Surplus Revenue and appropriated for such acquisition the following described parcel of land; or major portion thereof: Beginning at a point on the Westerly side of West Street, in Reading, two hundred ten feet (210' ) Southeasterly of a stone bound on the Reading- Wilmi4on Town Line, bounded: NORTHERLY: by easement of the Reading Municipal Light Department for high voltage transmission line nine hundrecF sixty-nine feet (9691 ) more or less; WESTERLY: by land of Clifford Hupper two hundred thirty-one and 65/100 feet (231.651 ) ; SOUTHERLY: by land of Mary D. Elder and others eight hundred twenty- nine feet (829 ' ) more or less; EASTERLY: by other land of Xavier two hundred forty-five feet (2451 ) ; SOUTHERLY: still by other land of Xavier one hundred eighty-seven ' feet (187' ) ; and EASTERLY: by West Street, ninety-four and 81/100 feet (94.81 ' ) . Containing 6. 3 acres of land more or less. 88 voted in the affirmative 41 voted in the negative f ARTICLE 16. On motion of Robert S . Cummings it was voted that the Personnel By-Laws of the Town be amended by adding the classification un- der Town Accountant ',Accountant' and that the sum of Three Thousand One Hundred Twenty-five Dollars ($3, 125.00) be raised from the tax levy and appropriated for the purpose of compensating such accountant. ARTICLE 17. On motion of James W. Killam, 3rd, it was voted that the . sum of Twenty-four Thousand Two Hundred Eighty-one and 15/100 Dollars ($24, 281.15) be raised from the tax levy and the sum of Ten Thousand One Hundred Twenty-two and 05/100 Dollars ($10,122.05) be transferred from the Municipal Light Department Operating Account, and that such sums totalling Thirty-four T2yousand Four Hundred Three and 20/100 Dollars ($34,403.20) be added to the Retirement Pension Accounts as follows: NON-CONTRIBUTORY: Police Department Pensions $ 419.68 Fire Department Pensions 2, 269. 52 Public Works Pensions 1,513.97 School Department Pensions 633. 31 Municipal Light Pensions 1,482. 72 $ 6, 319.20 Contributory Retirement Pension Fund 28,084.00 $34,403.20 (�Q Adjourned Special Town Meeting June 22, 1970 ARTICLE 18. On motion of Nathan C. White it was voted that the sum of Eight Thousand Five Hundred Dollars ($8,500.00) be raised from the tax levy and that the sum of Six Thousand Five Hundred Dollars ($6, 500.00) be transferred from the Rubbish Collection System Account, voted under Article 41 at the Annual Town Meeting held March 23, 1970, as follows: Salaries - Nine Thousand Dollars ($9,000.00) -and. Expenses - Six Thousand Dollars ($6,000.00) for the maintenance of the dump, and such sums so raised and approppiated to be added to the sum of Forty- three Thousand Five Hundred Dollars ($43,500.00) , voted at the Annual Town Meeting held March 19, 1970, for the maintenance of the Dump, and that the Town Accountant be, and he hereby is, authorized, empowered and instructed to make such transfer to carry out the purpose of this vote. On motion of Fred C. Kenney, Jr. , it was voted to take Article 1 from the table. On motion of Fred C. Kenney, Jr. , it was voted that Article 1 be indefinitely postponed. On motion of Fred C. Kenney, Jr. , it was voted that the meeting . stand adjourned sine die at 10:50 P. M. 157 Town Meeting Members were present A true copy. Attest: / Lawrence Drew - Town Clerk TOWN WARRANT FOR STATE PRIMARY 'U,. Commonwealth of Massachusetts Seal Middlesex, as. , To either of the Constables of the Town of Reading, Greeting: In the name of the Commonwealth you are hereby required to notify and warn the inhabitants of said Town, who are qualified to vote in Primaries, to meet in the following places designated for the four pre- cincts in said Town, namely: Precinct 1 Pearl Street School Precinct 2 Joshua Eaton School Precinct 3 Community Center Building Precinct 4 Memorial High School on Tuesday, the fifteenth day of September, 1970 at seven o'clock, a, m. , for the following purposes: To bring in their votes to the Primary Officers for the Nomination of Candidates of Political Parties for the following offices: SENATOR IN CONGRESS for this Commonwealth GOVERNOR for this Commonwealth LIEUTENANT GOVERNOR for this Commonwealth SECRETARY OF THE COMMONWEALTH for this Commonwealth TREASURER AND RECEIVER-GENERAL for this Commonwealth , AUDITOR OF THE COMMONWEALTH for this Commonwealth REPRESENTATIVE IN CONGRESS for Fifth Congressional District COUNCILLOR for Fifth Councillor District SENATOR for Third Essex Senatorial District TWO REPRESENTATIVES IN GENERAL COURT for Twenty-first Middlesex Repre- sentative District DISTRICT ATTORNEY for Northern District CLERK OF COURTS for Middlesex County REGISTER OF DEEDS for Middlesex Southern District COUNTY COMMISSIONER for Middlesex County SHERIFF for Middlesex County (to fill vacancy) The polls will be open from 7:00 A. M. to 8:00 P. M.