Loading...
HomeMy WebLinkAbout2004-11-08 Subsequent Town Meeting Warrant � COMMONWEALTH OF MASSACHUSETTS '` Middlesex, ss. Officer's ReWrn, Reading: By virtue of this Warrant, I, on occober 13, 2004 notifed and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specifed by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Registry of Motor Vehicles, 275 Salem Street Precinct 3 Reading Police Station, 15 Union Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Town Hall, 16 Lowell Street Precinct 6 Austin Preparatory School, 101 Willow Street Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue � Precinct 8 Mobil on the Run, 1330 Main Street �� The date of posting being not less than fourteen (14) days prior to November 8, 2004, � the date set for the Subsequent Town Meeting in this Warrant. 'I I also caused an attested copy of this Warranl to be published in the Reading Ch�onicle in the issue of October 13, 2004. � �� II A W. Ulrich, COns a le A true copy. Attest: / l.( I eryl A Johnson, T wn Clerk I t SUBSEQUENT TOWN MEETING A (Seal) 1 COMMONWEALTH OF MASSACHUSETTS � Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet in the IMAX Theater at Jordan's Fumiture Store, 50 Walkers Brook Drive, Reading, Massachusetts, November 8, 2004, at seven-thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. Additional sessions of Town Meeting after November 8, 2004, will take place at Reading Memorial High School Auditorium, 62 Oakland Road, Reading, Massachusetts. ARTICLE 7 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer-Coliector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Conservation Commission, Town Manager and any other Board or Special Committee. Board of Selectmen � ARTICLE 2 To choose ali other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to amend the FY 2005 — FY 2014, Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen ARTICLE 4 To see if the Town will vote to authorize the payment during Fiscal Year 2005 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen � 2 ARTICLE 5 To see if the Town will vote to amend one or more of th v III r e otes i F taken under Article 19 of the April 26, 2004 Annual Town Meeting relating to the Fiscal � Year 2005 Municipal Budget, and see what sum the Town will raise by borrowing or i transfer from available funds, or otherwise, and appropriate as the result of any such amended votes for the operation of the Town and its govemment, or take any other , action with respect thereto. ' Finance Commitlee �� ARTICLE 6 To see what sum the Town will raise from the tax levy, or transfer �, from available funds, or othenvise, and appropriate into the Stabilization Pund as � authorized under Seclion 5B of Massachusetts General Laws Chapter 40 of the � Massachusetts General Laws, or take any other action with respect thereto I Finance Committee �� ARTICLE 7 To see what sum the Town will vote to eslablish a revolving fund under Chapter 44, Section 53E%z for any or all of the following purposes: Using the receipts generated from the issuance of Building, Plumbing or Gas, and Wiring and other permits for the Archstone Development and/or the Johnson Woods Development to pay the costs of legal expenses, oversight and inspection, plan review, initial property value appraisal and appeals, and general management of the Communiry li Services operations related to that development; and to pay for related expenditures, said expenditures to be administered by the Town Manager, and to determine the total I amount of expenditures during Fiscal Year 2005 which may be made from each such � �„ fund, or take any other action with respect thereto. I, Board of Selectmen .. ARTICLE 8 To see if the Town will vote to appropriate the sum of $25,000 which represents the performance guarantee for the construction of sidewalks, curbing, and finish course of pavement on Pierce Street, as provided through a tripartite agreement between the Town of Reading, Gerald E. Welch Inc, and the Danvers Savings Bank, said performance guarantee having been taken by the Community Planning and Development Commission on July 14, 2004, for tack of performance of the '� guaranteed work, or take any other action with respect thereto. Board of Selectmen ARTICLE 9 To see if the Town will vote to appropriate contributions from all or I�, any one of the following or other developers: 'I ♦ Walkers Brook Crossing for neighborhood streel improvements; MWRA '' Buy-in, and sewer Inflow/Infiltration ♦ Johnson Farms for curb and sidewalk, traffic design, street improvements, '� water system improvements, MWRA buy-in, and sewer Inflow/Infiltretion � ♦ Maplewood Village for trail improvements ♦ Archstone Developmenl for MWR4 buy-in, and sewer Inflow/Infiltration i ` I 3 I For purposes described, or any other lawful and related improvements as approved by the Town Manager, or take any other action with respect thereto. � Board of Selectmen �„� ARTICLE 10 To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or othenvise, and appropriate pursuant to Chapter 44 Section 7(L) of the Massachusetts General Laws for reconstructing suAace drains, sewers and sewerage systems, including the cost of consWting engineering services, designs, plans, contracts, specifications, equipment, inspection fees, contingencies and related facilities and expenses relaled thereto and necessary in connection [herewith, said sum to be spent under the direction of the Town Manager; and to see if the Town will vote to authorize the Town Manager or any other agency to file an application(s) for a grant or grants to be used to defray all or any part of said sewer construction and/or reconstruction and relaled matters; and to see if the Town will vote to authorize the Town Manager to enter into any or all agreements as may be necessary to carry out the purpose of this Article, including but not limited to, the applications and acceptance of a grant and a non-interest bearing loan from the Massachusetts Water Resources Authority, and to authorize the TreasurerCollector, with the approval of the Board of Selectmen, to borrow pursuant to said loan, or take any other action with respecl thereto. Board of Selectmen ARTICLE 11 To see what sum the Town will raise by borrowing, or transfer from available funds, or otherwise, and appropriate pursuant to Chapter 44 Section 8(5) of the Massachusetts General Laws for the purpose of constructing a replacement of the water main on West Street extending approximately from County Road to Willow Street, � induding the cost of engineering services, 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, the 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 system improvements; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary lo carry out the purposes of this Articie, or take any other action with respect thereto. Board of Selectmen ARTICLE 12 To see what sum the Town will raise by borrowing, or transfer from available funds, or otherwise, and appropriate pursuant lo Chapter 44 Section 8(5) of the Massachusetts General Laws for the purpose of constructing a replacement of the water main on Franklin Street extending approximately from Main Street to Haverhill Street, induding the cost of engineering services, 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, the Town Manager, or any olher agency of the Town, to appty for a granl or grants, to be used to defray the cost of all, or any part of, said water system improvements; and to authorize the Town Manager lo enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. Board of Selectmen � a � ARTICLE 13 To see what sum the Town will reise by borrowing, whether in II ,�, anticipation of reimbursement from the State under Chapter 44, Section 6, Massachusetts General Laws, or pursuanl to any other enabling authority or from the tax levy, or transfer from available funds, or othenvise, for highway projects in accordance with Chapter 90, Massachusetts General Laws, or take any other action with respect thereto. Board of Seleclmen ARTICLE 14 To see if the Town will vote to accept one or more gifGs to be administered by the Commissioners of Trust Funds, such gifts to be used for the purposes for which they are given to the Town, or take any other action with respect thereto. Board of Selectmen ARTICLE 15 To see if the Town will vote to authorize the Board of Selectmen to fle the following or similar legislation with the Great and General Court: AN ACT AUTHORIZING THE CONSERVATION COMMISSION OF THE TOWN OF READING TO GRANT CERTAIN EASEMENTS Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of same, as follows: Section 1. The Conservation Commission of the Town of Reading may grant to the ,� Board of Selectmen on behalf of the Town an easement in a certain parcel of conservation land as shown on the Town of Reading Assessors Map 47, Parcel 4, for .. access and utility purposes including the constructioq maintenance and repair of sewer � pipes, water, and drainage pipes, a sewer pumping station and appurtenances thereto. I Section 2. The Conservation Commission of the Town of Reading may grant to Timothy F. Leary and Barbara Leary, their heirs, successors and assigns, a permanent easement over a certain parcel of conservation land as shown on the Town of Reading Assessors Map 47, Parcel 4, the easement being approximately 540 feet in length and � approximately 60 feet wide, for access by foot and by vehide, to one single-family �� dwelling located at 113 Longwood Road and identified on the Reading Assessors Map . 58, Parcel 5 and for underground and above ground utiliry connections only, and for no � other purpose. This easement is for residential purposes only. The Conservation Commission may convey this easement upon such other terms and conditions as it ' deems appropriate to protect its interest in the parcel of land. I�, Section 3. The Conservation Commission of the Town of Reading may grant to � Louis Peterson, his heirs, successors and assigns, a permanent easement over a certain parcel of conservation land, as shown on the Town of Reading Assessors Map 47, Parcel 4, the easement being approximately 420 feet in length and approximately 40 ' feet wide, for access by foot and by vehicle, to one single-famity dwelling located at 111 ', Longwood Road, identifed on the Town of Reading Assessors Map 58, Parcel 10 and I for underground and above ground utiliry and drainage connections only, and for no �. ` other purpose. This easement is for residential purposes only. The Conservation Commission may convey this easement upon such other terms and conditions as it � deems appropriate to protect its interests in the parcel of land. � Section 4. The Conservation Commission of the Town of Reading may grant to Johnson Woods Realty Corp.. its heirs, successors and assigns, a permanent easement over a certain parcel of conservation land, as shown on the Town of Reading Assessors Map 47, Parcel 4, the easement being approximately 300 feet in length and approximately 30 feet wide, for access by foot and by vehicle, to one single-family dwelling to be located at the southern end of a parcel of land identified on the Reading Assessors Map 58, Parcel 4 and tor underground and above ground utility and drainage connections only, and for no other purpose. This easement is for residential purposes only. The Conservation Commission may convey this easement upon such other terms and conditions as it deems appropriate to protect its interests in the parcel of land. Sedion 5. This act shall take effect upon its passage. And, to see if the town will vote pursuant to M.G.L. Chapter 40, §15A, to authorize the Conservation Commission to convey easements over a certain parcel of conservation land shown on the Town of Reading Assessors Map 47, Parcel 4, upon the terms and conditions contained in the special legislation together with any other terms and conditions it deems appropriate to protect its interest in the parcel of land which authority is specifically conditioned upon the passage of the above special legislation, or to take any action relative thereto, or take any other action with respect thereto. Conservation Commission .� ARTICLE 76 To see if the Town will vote, pursuant to Mass. Gen. Laws c. 43B, §10, and Article 8 Section 8-1 of the Reading Home Rule Charter ("Charter"), to amend the Charter in accordance with the recommendations of the Charter Review Committee which are attached to this warrant as Appendix 1 and which are incorporated by reference into this article. Board of Selectmen ARTICLE 17 To see if the Town will vote to amend the General Bylaws of the Town of Reading by adding the following language as Section 5.17: The Town of Reading hereby establishes a Local Historic District, to be administered by an Historic District Commission as provided for under Massachusetts General Laws Chapter 40C, as amended. 1. PURPOSE The purpose of this bylaw is to promote the economic, educational, cultural and general welfare of the inhabitants of the Town of Reading through: (1) the preservation and proteclion of the distinctive characteristics and architecture of Buildings and places significant in the history of the Town of Reading; (2) maintaining and improving of the settings of these Buildings and places; and (3) the encouragement of building design compatible with the Buildings existing in the area, J 6 so as to maintain the hisloric character of residences or commercial enterprises II � which distinguish the town as a desirable community. I, 2. DEFINITIONS The terms defned in this section shall be capitalized throughout this bylaw. I Where a defined term has not been capitalized, it is intended that [he meaning of the �il term be the same as the meaning ascribed to it in this section unless another meaning is clearly intended by its context. As used in this bylaw the following terms i shall have the following meaning: I ALTERATION, TO ALTER I The act or the fact of rebuilding, reconstruction, restoretion, replication, removal, demolition, and other similar activities. BUILDING A combination of materials forming a shelter for persons, animals or property. CERTIFICATE A Certificate of Appropriateness, a Certificate of Non-Applicability, or a Certificate of i Hardship as set forth in this bylaw. I COMMISSION The Historic District Commission as established in this bylaw. CONSTRUCTION, TO CONSTRUCT The act or the fact of building, erecting, installing, enlarging, moving and other similar activities. DISPLAY AREA I The total surface area of a sign, induding all lettering, wording, designs, symbols, ` background and frame, but not including any support Structure or bracing incidental I� to the sign. The Display Area of an individual letter sign or irregular shaped sign shall ' be the area of the smallest rectangle into which the letters or shape will fit Where ' sign faces are placed back to back and face in opposite directions, the Display Area li shall be defined as the area of one face of the sign. I DISTRICT The Local Historic District as established in this bylaw consisting of one or more �. District areas. i EXTERIORARCHITECTUALFEATURE � ' Such portion of the exterior of a Building or structure as is open to view from a Public ��' Way or ways, including but not limited to architectural style and general arrangement i and setting thereof, the kind and texture of exterior building materials, and the type and style of windows, doors, lighis, signs and other appurtenant e�cterior fxtures. I PERSON AGGRIEVED The applicant; an owner of adjoining property; an owner of property within the same District area; an owner of property within 100 feet of said District area; and any legal entity in which one of its purposes is the preservation of historic places, structures, buildings or Districts. PUBLIC WAY ii This term shall include Public Ways, public streets, public parks, and public bodies of ' water. The term "Public Way," however, shall not include a footpath, cart path or any easement or right of way that does not constitute a Public Way or public street. � STRUCTURE �� yr A combination of materials other than a Building. � 7 I TEMPORARY STRUCTURE or BUILDING � A Building not to be in existence for a period of more than lwo years. A Slructure not to be in existence for period of more than one year. The Commission may further � limit the time periods set forth herein as it deems appropriate. 3. DISTRICT � The District shall consist of one or more District areas as listed in Section 13 (Appendices) of this bylaw. 4. COMMISSION COMPOSITION AND APPOINTMENTS 4.1 The District shall be overseen by a Commission consisting of fve (5) members, to be appointed by the Board o(Selectmen, one member initially to be appointed for one year, two for two years, and lwo for three years, and each successive appointment to be made for three years. 42 The Commission shall include, if possible, one member from one or more nominees solicited from the Reading Antiquarian Society, one member from one or more nominees soliciled from the chapter of the American Institute of Architects covering Reading; one member from one or more nominees from the Board of Realtors covering Reading; one or lwo property owners from the . District area; one member nominated by the Reading Historical Commission. If within thirty days after submission of a written request for nominees to any of the organizations herein named insufficient nominations have been made, the Board of Selectmen may proceed to make appointments as it desires. 4.3 The Board of Selectmen may appoint up to four alternate members to the � Commission. In the case of the absence, inability to act or unwillingness to act because of self-interest on the part of a regular member of the Commission, his or her place shall be taken by an allernate member designated by the chairman. Said altemate members shall initially be appointed for terms for one or two years, and for three year terms thereafter. 4.4 Each member and alternate member shall continue to serve in office after the expiration date of his or her term until a successor is duly appointed. 4.5 Meetings of the Commission shall be held at the call of the Chairman, at the request of hvo members and in such other manner as the Commission shall determine in its Rules and Regulations. 4.6 Three members of the Commission shall constitute a quorum. 5. COMMISSION POWERS AND DUTIES 5.1 The Commission shall exercise its powers in administering and regulaling the Construction and Alteration of any Structures or Buildings within the District as set forth under lhe procedures and criteria established in this bylaw. In ezercising its powers and duties hereunder, the Commission shall pay due regard to the distinctive characteristics of each Building, Structure, and District area. 5.2 The Commission may adopt, and from time to time amend, reasonable Rules and Regulations not inconsistent with the provisions of this bylaw or M.G.L. Chapter 40C, setting forth such forms and procedures as it deems desirable � and necessary for the regulation of its affairs and conduct of its business, � including requirements for the contents and forms of applications for 8 � Certificates, fees, hearing procedures and other matters. The Commission shall file a copy of any rules and regulations with the office of the Town Clerk. � 5.3 The Commission, after a public hearing duly posted and advertised at least fourteen days in advance in a conspicuous place in Town Hall and in a newspaper of general circulation in Reading, may adopt and from time to time amend Guidelines which set forth the designs and descriptions for certain exterior architectural features which are, in general, suitable for the issuance of a Certificate to present other designs to the Commission for approval. No such design guidelines shall limit the right of an applicant for a Certificate to - present other designs to the Commission for approval. 5.4 The Commission shall at the beginning of each fiscal year hold an organizational meeting and elect a Chairman, a Vice Chairman and Secretary, and fle notice of such eiection with the offce of the Town Clerk. 5.5 The Commission shall follow Town operating procedures for its keeping its resolutions, transadions, decisions and determinations. 5.6 The Commission shall undertake educational efforts to explain to the public and property owners the merits and functions of a District, to the e�ctent that time and appropriations allow. 6. ALTERATIONS AND CONSTRUCTION PROHIBITED WITHOUT A CERTIFICATE 6.1 Except as this bylaw provides, no Building or Structure or part thereof within a District shall be Constructed or Altered in any way that affects the exterior architectural teatures as visible from a Public Way, unless the Commission shall frst have issued a Certificate with respect to such Construction or � Alteration. 62 No building permit for Construction of a Building or Structure or for Alteration of an exterior architectural feature within a District and no demolition permit or removal of a Building or Structure within a District shall be issued by the Town or any department thereof until a Certifcate as required under this bylaw has been issued by the Commission. 7. PROCEDURES FOR REVIEW OF APPLICATIONS 7.1 Any person who desires to oblain a Certificate from the Commission shall file �� with the Commission an application for a Certificate of Appropriateness, or �I Non-Applicability or of Hardship, as the case may be. The application shail be � accompanied by such plans, elevations, specifications, material and other information, including in the case of demolition or removal, a statement of the proposed condition and appearance of the property thereafter, as may be reasonably deemed necessary by the Commission to enable it to make a determination on the application. The Commission shall determine whether said application involves any exterior architectural features which are within '��. the jurisdiction of the Commission. 72 The Commission shall determine within fourteen (14) days of receiving an I application for a Certificate whether said application involves any exterior architectural features which are within the jurisdiction of[he Commission. 7.3 If the Commission determines that an application for a Certificate does not `„ involve any exterior architectural features, or involves an exterior architectural �� feature that is not subject to review by the Commission under the provisions 9 of this bylaw, the Commission shall forthwith issue a Certificate of Non- � Applicability. 7.4 If ihe Commission de[ermines that such application involves any euterior � architectural feature subject to review under [his bylaw, it shall hold a public hearing on the application, except as may otherwise be provided in bylaw. The Commission shall hold such a public hearing within forty-five (45) days from the date of receiving the application. At least fourteen (14) days before said hearing, notice shall be given by posting in a conspicuous place in Town Hall and in a newspaper of general circulation in Reading. Concurrently, a copy of said public notice shall be mailed to the applicant; to the owners of all properties within 300 feet, and of other properties deemed by the Commission to be materially affected thereby, all as they appear on the most recent applicable tax list; to the Community Planning and Development Committee; to the Historical Commission; to any person fling a written request for notice of hearings, such request to be renewed yearly in December; and to such other persons as the Commission shall deem entitled to notice. The applicant is responsible for the costs of this mailing and advertising. 7.4.1 A public hearing on an application for a Certificate may be waived if the Commission determines that the euterior architectural feature involved, or its category, is so insubstantial in its effect on the District that it may be reviewed by the Commission without a public hearing. If the Commission dispenses with a public hearing on application for a Certificate notice of such application shall be given to the owners of all property within 300 feet and of other property deemed by the Commission to be materially affected thereby as above provided, and ten (10) days shall elapse after the mailing of such notice before the Commission may act upon such application and after �" considering any responses. 7.5 Within sixty (60) days after the fling of an application for a Certifcate, or within such further time as the applicant may allow in writing, the Commission shall issue a Certificate or disapproval. In the case of a disapproval of an application for a Certifcate, the Commission shall set forth in writing the reasons for such disapproval. The Commission may include in its disapproval specific recommendations for changes in the applicanYs proposal with respect to the appropriateness of design, arrangement, texture, material and similar features which, if made and fled with the Commission in a subsequent application would make the application acceptable to the Commission. 7.6 The concurring vote of three (3) members shall be required to issue a Certificate. 7.7 In issuing Certifcates, the Commission may, as it deems appropriate, impose certain conditions and limitations, and may require architectural or plan modifcations consistent with the intent and purpose of this bylaw and the Commission's Guidelines. 7.8 If the Commission determines that the Construction or Alteration for which an application for a Certifcate of Appropriateness has been fled will be appropriate for or compatible with the preservation or protection of the District, lhe Commission shall issue a Certificate of Appropriateness. 7.9 If the Construction or Alteretion for which an application for a Certificate of Appropriateness has been filed shall be determined to be inappropriate and therefore disapproved, or in the event of an applicalion for a Certificale of � Hardship, the Commission shall determine whether, owing to the conditions t0 � especially affecting the Building or Structure involved, but not affecting the District generally, failure to approve an application will involve a substantial �, hardship, financial or otherwise, to the applicant and whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the inlent and purposes of this bylaw. If the Commission determines that owing to such conditions failure [o approve an application will involve substantial hardship [o the applicant and approval thereof may be made without such substantial detriment or derogation, the Commission shall issue a Certificate of Hardship. 7.10 The Commission shall send a copy of its disapprovals and Certifcates, including any conditions or limitations, to the applicant and shall file a copy of its disapprovals and Certificates, including any conditions or limitations, with the offce of the Town Clerk and the Building inspeclor. The date of issuance of a Certificate or disapproval shall be the date of the filing of a copy of such Certificate or disapproval with the o�ce of the Town Clerk. 7.11 If the Commission should fail to issue a Certificate or a disapproval within sixty (60) days of the filing of the application for a Certificate, or within such further time as the applicant may allow in writing, the Commission shall thereupon issue a Certifcate of Hardship due to failure to act. 7.12 Each Certificate issued by the Commission shall be dated and signed by its chairman or such other person designated by the Commission to sign such Certifrates on its behalf. 7.13 A Person Aggrieved by a determination of the Commission may, within twenty (20) days of the issuance of a Certificate or disapproval, file a written request with the Commission for a review by a person or persons of competence and experience in such matters, acting as arbitrator and � designated by the Boston Metropolitan Area Planning Agency. The fnding of the person or persons making such review shall be filed with the Town Clerk . within forty-five (45) days after the request, and shall be binding on lhe 'I applicant and the Commission, unless a further appeal is sought in the I Superior Court as provided in Chapter 40C, Section '12A. The filing of such further appeal shall occur within twenty (20) days after the finding of the , arbitrator has been filed with the office of the Town Clerk. �, 8. CRITERIA FOR DETERMINATIONS II 8.1 In deliberating on applications for Certificates, the Commission shall consider, I among other things, the historic and architectural value and significance of , the site, Building or Structure; the general design, proportions, detailing, � mass, arrangement, texture, and material of the exterior architectural features � involved; and the relation of such exterior architectural features to similar I features of Buildings and Structure in the surrounding area. '' 8.2 In the case of new Construction or additions to existing Buildings or ! StrucWres, the Commission shall consider the appropriateness of the scale, shape, siting and proportions of the Building or Structure both in relation to the land area upon which the Building or Structure is situated and in relation to Buildings and Structures in the vicinity. The Commission may in appropriate cases impose dimensional and setback requirements in addition to those required by applicable statue or bylaw. '� �. 8.3 The Commission shall not consider interior arrangement or architectural � features not subject to view from a Public Way. I �I I 8.4 The Commission shall not consider uses for the Building or Shucture. � 8.5 When ruling on applications for Certificates on solar energy systems as defined in Section 1A of Chapler 40A, the Commission shall consider the � policy of the Commonwealth of Massachusetts to encourage the use of solar energy systems and to proled solar access. 9. EXCLUSIONS 9.1 The Commission shall exclude from its purview the following: 9.1.1 Temporary Buildings, Structures, or signs, subject, however, to conditions pertaining to the duration of existence and use, location, lighting, removal and similar matters as the Commission may reasonably specify. 9.12 Terraces, walks, driveways, sidewalks and similar Strudures, provided that any such Structure is substantially at grade level. 9.1.3 Storm windows and doors, screen windows and doors, shutters, and window and wall air conditioners. 9.1.4 The color of exterior paint or the color of materials used on roofs. ' 9.1.5 Flagpoles, sculpture, mailboxes (freestanding or attached), window boxes, gutters and leaders, house numbers, and garden furniture. 9.1.6 Buildings that are less than 70 years old are exempt from review of Alterations and additions, unless the Alterations affect more than 25 percent of any fa�ade visible from a Public Way or unless any addition visible from a � public way increase such Buildings by more than 25 percent. 9.17 The reconstruction, substantially similar in exterior design, of a Building, Structure, or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within two � years thereafter and carried forvvard with due diligence. 92 Upon request the Commission shall issue a Certificate of Non-Applicability with respect to Construction or Alteration in any category not subject to review by the Commission in accordance with the above provisions. 9.3 Nothing in this bylaw shall be construed lo prevent the ordinary maintenance, repair or replacement of any euterior architectural feature within a District which does not involve a change in design, material or the outward appearence thereof, nor to prevent landscaping with plants, trees or shrubs, nor construed to prevent the meeting of requirements certified by a duly authorized public offcer to be necessary for public safety because of an unsafe or dangerous condition, nor construed to prevent any Construction or Alteration under a permit duly issued prior to the effective date of this bylaw. 10. CATEGORICALAPPROVAL Additional Exclusions: Certain categories of exterior architectural features may be Constructed or Altered without review by the Commission, provided such Construction or Alteration do not substantially derogate the intent and purposes of the District and of G.L. c.40C. The Commission may, upon conducting a public hearing, exclude from its purview exterior architectural features, in addition to those listed in Section 9.1, which it determines do not signifcantly impact the purpose of the District. � 12 � 11. ENFORCEMENTANDPENALTIES � 11.1 The Commission shall determine whether a particular activity is in violation of this bylaw, and the Commission shall be charged with the non-criminal 'i enforcement of this bylaw, and seeking civil enforcement under G.l. c.40C, I Section �2A, after obtaining the necessary authority to do so. 112 The Commission may designate the Building Inspector to pursue non- criminal disposition under G.L. 40, Section 21D, under direction of [he Commission. 11.3 The Commission, upon a written complaint of any resident of Reading, or owner of property within Reading, or upon its own initiative, shall institute any appropriate action or proceedings in the name of the Town of Reading to prevent, correct, restrain or abate a violation of this bylaw. In the case where the Commission is requested in writing to enforce this bylaw against any person allegedly in violation of same and the Commission declines to act, the Commission shall notify, in writing, the party requesting such enforcement of any action or refusal to act and the reasons therefore, within twenty one (21) days of receipt of such request. 11.4 Whoever violated any of the provisions of lhis bylaw shall be punishable for each offense by a fine lo be determined by the Commission in accordance with the range of fines determined by MGL Chapter 40 Q Each day during any proportion of which such violation continues to exist shall constitute a separate offense. 12. VALIDITY AND SEPARABILITY � The provisions of this bylaw shall be deemed to be separable. If any of its provisions, sections, subsections, sentences or clauses shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this bylaw shall continue to be in full force and effect. 13. APPENDICES Appendix 2: West Street Local Historic District The West Street Local Historic District shall be a District area under this bylaw. The location and boundaries of the West Street Local Historic District are defined and shown on the Local Historic District Map of lhe Town of Reading, which is part of this . bylaw and shown as exhibit of district boundaries dated August 16, 2004. The delineation of the Dislrict area boundaries is based on the parcel boundaries then in existence and shown therein, or take any other action with respect thereto. Ad hoc West Street Historic District Study Committee ` 13 ARTICLE 18 To see if the Town will vote to amend the Zoning Bylaw of the Town of Reading by adding the following language to Section 4.3.3 the following � language: 4.3.3.12.1 Waiver of Site Plan The Community Development and Planning Commission shall waive with or without conditions the requirement for site plan review for the following reasons: a. The construction, expansion or alteration only involves the interior renovation . of an existing space and lhe proposed changes will not result in an adverse impact in the areas described in Section 4.3.3.5., or 4.3.3.6. b. The proposed change in use is in the same use rategory and will not result in ' an adverse impact in the areas described in Seclion 4.3.3.5., or 4.3.3.6. c. The property has undergone site plan review and approval within the past 5 years and the proposed changes will not result in an adverse impact in the areas described in Section 4.3.3.5 or 4.3.3.6. IIf the Community Planning and Development Commission does not act within 30 � days of receiving a complete waiver requesl, the waiver shall be deemed grented, or � take any other action with respect thereto. Community Planning and Development Commission ARTICLE 19 To see if the Town will vote to amend the Zoning Bylaw of the Town of Reading by adding the following language to Section 4.3.3 the following language: � 4.3.3.12.2 Waiver of Loading Zone Space Requirements The CPDC may waive the requirements of 6.1.1.3 as to the number of loading zone spaces, provided there is no adverse impact in the areas described in Section 4.3.3.6., or take any other action with respect thereto. Community Planning and Development Commission � ta � ` and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to November 8, 2004, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town, or by mailing an attested copy of said Warrant to each Town Meeling Member at least fourteen (14) days prior to ihe time of holding said meeting. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 21"day of September, 2004. � �• C� Richard W. Schubert, Chairman m ,'^ap� "Q��/'� . Camille W. Anthony, Vice Chairtnan � ' Gail F. ��ecr� ��� �/J � J/o/s�eph G. Duftyf�� " G ge V` inK es SELECTMEN OF READING \ Alan W. Ulrich, a le � 15