HomeMy WebLinkAbout2006-10-30 Board of Selectmen PacketMassachusetts Department of Revenue Division of Local Services
Alan LeBovidge, Commissioner Gerard D. Peny, Deputy Commissioner
Gail LaPointe
Town Accountant
Town of Reading
16 Lowell St.
Reading, Mass. 01867
Dear Ms. LaPointe:
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of
October 26, 2006
I have reviewed the DE-2 application submitted by you on behalf of the town of Reading regarding
a determination of borrowing covered by debt exclusion for the High School.
I find, pursuant to our Guideline on the matter, that the additional borrowing authorization of
$1,53202 is covered by the exclusion vote taken. Please be advised that no additional amount
will be covered by that particular exclusion even if de minimis.
If the Bureau can be of any further assistance, please do not hesitate to contact me or the
Bureau's field representative to the town, Maura O'Neil.
Sincerely,
Anthony A. Rassias
Deputy Director of Accounts
Post Office Box 55490, Boston, MA 02205-5490, Tel: 617-626-2300; Fax: 617-626-2330
DRAFT MOTION -ARTICLE 15
Move that the Town vote to adopt the following General Bylaw regulating construction
hours and noise limits:
5.5.8 - Construction Hours and Noise Limits
5.5.8.1 - Purpose. The intent of this bylaw is to regulate the hours during which
construction and demolition activities may take place within the Town and
otherwise to limit the impact of such activities on nearby residents and business.
5.5.8.2 - Definition
• "Construction" shall mean and include the construction, reconstruction,
alteration, repair, demolition and/or removal of any building, structure or
substantial part thereof if such work requires a building permit, razing
permit, electrical permit, plumbing permit, gas permit, or mechanical
permit. "Construction" shall also include excavation that involves the use
of blasting jackhammers, pile drivers, back hoes and /or other heavy
equipment. "Construction" shall also include the starting of any
machinery related to the above; deliveries; fueling of equipment; and any
other preparation or mobilization for construction which creates noise or
disturbance on abutting properties.
• "Small Contractor" shall mean a licensed person hired to perform
less substantial construction work.
• "Less Substantial Construction" shall mean work performed by a
small contractor entirely on the interior of a building. with no
evidence of such activitv visible or audible at the property line of the
property where construction is taking place.
5.5.8.3 - Hours. No person shall perform any construction within the Town
except between the following hours, except that set-up and delivers may take
place as early as 6:30 am:
• 7:00 a.m. and 8:00 p.m., Monday through Friday;
• 7:00 a.m. to 5:00 p.m. on Saturdays;
• None on Sundays and legal holidays.
5.5.8.4 - Exemptions. The restrictions set forth in this bylaw shall not apply to
any work performed as follows:
• By any Federal or State Department, Reading Department of Public
Works, the Reading Municipal Light Department and/or any contractors
working directly for these agencies, when working within a public way
or within easements;
• By a resident on or in connection with his residence, without the aid of
hired contractors, whether or not such residence is a detached single
family home;
• in the case of less substantial construction performed by a small
contractor as defined above.
In the case of work occasioned by a genuine and imminent emergency,
and then only to the extent necessary to prevent loss or injury to persons
or property.
5.5.8.5 - Permits. The Chief of Police or his designee (the Chief), may in his
reasonable discretion, issue permits in response to written applications
authorizing applicants to perform construction during hours other than
those permitted by this bylaw. Such permits may be issued upon a
determination by the Chief, in consultation with the Building Inspector, the
Town Engineer or other Town staff, that literal compliance with the terms
of this bylaw would create an unreasonable hardship and that the work
proposed to be done (with or without any proposed mitigative measures)
will have no adverse effects of the kind which this bylaw seeks to reduce.
Each such permit shall specify the person authorized to act, the dates on
which or within which the permit will be effective, the specific hours and
days when construction otherwise prohibited may take place, and any
conditions required by the Chief to mitigate the effect thereof on the
community. The Chief may promulgate a form of application and charge
a reasonable fee for each permit. No permit may cover a period of more
than thirty days. Mitigative measures shall include notice to residents in
the surrounding area, and other mitigation as determined by the Chief.
Objections by such residents shall be noted by the Chief and shall
be taken into account when considering issuance of such permit.
5.5.8.6 - Unreasonable Noise. Regardless of the hour or day of the week, no
construction shall be performed within the Town in such a way as to
create unreasonable noise. Noise shall be deemed unreasonable if it
interferes with the normal and usual activities of residents and businesses
in the affected area and could be reduced or eliminated through
reasonable mitigative measures.
5.5.8.7 - Copy of Bylaw. The Building Inspector shall deliver a copy of this bylaw
to each person to whom it issues a building permit, razing permit, electrical
permit, plumbing permit, gas permit or mechanical permit at the time that the said
permit is issued.
5.5.8.8- Enforcement. The Police Department, Zoning Officer and/or other agent
designated by the Town Manager shall enforce the restrictions of this bylaw.
Fines shall be assessed and collected in the amount of up to $300.00 for each
violation. Each day or portion thereof that a violation continues shall constitute a
separate offense. Any alleged violation of this bylaw may, in the sole discretion
of the enforcing agent, be made the subject matter of non-criminal disposition
proceedings commenced by such agent under Section 21D of Chapter 40 of
the General Laws.
Board of Selectmen