Loading...
HomeMy WebLinkAbout2006-06-20 Board of Selectmen HandoutTOWN MANAGER'S REPORT Tuesday, June 20, 2006 • Hearing on Changes to Conservation Rules and Regulations - fees - June 28 • Friends and Family day - thanks to all • Bylaws approved by the Attorney General with conditions - Solicitation, and Animal control • Ipswich River Clean-up - September • Addison Wesley working group meeting Thursday night at Parker - June 22, 7:30 PM - purpose is to hear from the community • FEMA • Downtown Improvement program - July 11 is date for Secretary of Environmental Affairs certificate • Street signs for sale - list will be available on web site • Verizon Cable TV franchise - provision of RCTV by end of June • Status of Public Construction: Water and Sewer High Street water line Sewer Inflow/Infiltration Auburn Street water line Trench patching on West from Wescroft to County Streets and Roads Green St - Main to High I Deering; Harriman Arcadia; Edgmont I , Middlesex Bancroft - Hartshorn to Morton Field I Cumberland Hillcrest I Maple Ridge Juniper Circle Cape Cod Avenue; Bancroft (Lowell to Middlesex) Longwood Rd I Locust St. California I West Street - Willow to Wilmington line; Curb and Sidewalk: P-~ Franklin Street - Fox Run Lane to Minot at Main William John Street - Salem to Walkers Brook Governors Drive Drive • Upcoming Board of Selectmen meeting agenda: June 27, 2006. Hearing Creation of Master Plan implementation Committee 7:30 Approval of downtown parking regulations 7:45 Appointments to BCC; COA, Historical Commission; Celebration Committee, West Street Historic District Commission, T-TAC 8:00 Appointment of Town Counsel 9:00 Request for modification of liquor policy for beer and wine establishments - seating at a bar 9:30 Route 128/93 follow-up Board of Selectmen Reorganization Ju, ly 11 200,6 Office Hours - Schubert Highlights Health Division Traffic Issues Hearing Grove Street and Forest Street stop signs Hearing Liquor policy amendment Follow up on "hours of Construction" bylaw Decision on Polling location - September and November 2006 elections July 25 2006. August 8,.200.6' Office Hours - Anthony Highlights %WOV Page 1 of 1 Hechenbleikner, Peter From: PoT Member Rep [pot _rnember rep@yahoo.com] Sent: Tuesday, June 20, 2006 12:12 PM To: Schena, Paula; Hechenbleikner, Peter; Reading - Selectmen Cc: Stephanie Anderberg; Ron Daddario; Raymond.Porter@CH2M.com; Michele Benson; Gina Snyder; Emily Kumpel; Tracy Sopchak Subject: [POSSIBLY SPAM] 1-2-3 Pledge Results Importance: Low Peter, Paula and the Reading Selectmen, We just wanted to officially say "Thank You" for publicly taking our 1-2-3 Pledge. Your pledges alone totaled almost 7 tons of CO2 emission reduction. We had a wonderful turnout at our booth last week at Friends and Neighbors day. People were interested in hearing what we had to say and were grateful for our efforts. The tote bags were simply flying from the booth and we could hardly keep up with the pledge takers. We had joked beforehand that we might ask Arnold Rubin if we could borrow his deli number dispenser to manage the throng of people who would descend upon our booth. Happily that image wasn't too far from the truth. Many people had read about your pledges in the paper and were familiar with it upon arrival at our booth. Indeed some people came down for that express purpose of taking our pledge. To date, we have a total of 155 people who have pledged to reduce Reading's carbon dioxide emissions by 171 tons over the next 12 months. That's already 43% of our goal for this pledge drive. httr)://home.comcast.net/-tsoochak/RNCEC 123 Pledae home.htm Click on "How Are We Doing So Far" to see our nifty earth-thermostat display (earth-o-stat). Can we display this image publicly somewhere? The RMLD board will be publicly taking our pledge this Wednesday night and we plan to work throughout the year to increase the number of pledge takers until we reach our goal. In addition, our intern Emily is hard at work on Milestone 1 of the CCP program: "Conduct a baseline emissions inventory and forecast". This inventory will help us understand where best to begin our official emission reductions efforts in the town. Again, from the entire committee, thank so much for your support! Tracy Sopchak 6/20/2006 o~~ pf RE4 tn -0 Fd q`t` d++ r~3g; I?ICOR4Q ..LL ll~ate of. art "-sN~ tion. of b~s I aE® in celebra edl •cati~u and • to of sec®gU1titstaud~d children • ~ertific h and for his ou tU -baseball warded this e 21 an ing °u t to herself, is a day ®n Sun the Bead as br®u4gh 16th birth t to c®ach~ng ®r that he U en and the h°u • s C~naMuDity 34 years, an for s tau and b7 ~®OG hi of 1unel e Given th-ts ~Ith day eleCt~n dingy $oard ~ B,y the Taw Office of TeL (781) 942-2233 William 626 Main Street 1(A1)tW2-'02:9'2 Reading, Massachusetts 01867 wfcesanverizon.net June 14, 2006 ' v \ Peter Hechenbleikner, Town Manager Town Hall Lowell Street Reading, MA 01867 RE: Tribute for Leo Turenne Dear Mr. Hechenbleikner: You may know, or have heard of, Leo Turenne, who lives with his wife, Barbara, on Torre Street. If you ask anyone who has played baseball, or has a child who has played baseball in Reading, they'll know the name. Leo has been coaching our kids in Reading Youth Baseball for 34 years! He started when his own son began to play, and never stopped giving of his time to the kids. .A former catcher, Leo has been the pitching and catching coach for the Tigers franchise. In addition he has served as President of the National League for Reading Youth Baseball. He has given countless hours of his time, and has been a mentor to hundreds of kids over the years. He's one of those people who will always be remembered fondly by anyone who has met him. On June 27, Leo will be celebrating his 76t' birthday. I have been contacting former players and coaches with whom Leo worked over the years, and I'm planning a surprise "birthday" party for him on June 27 at Hunt 1i of many of those whose lives have been touched by Leo will be able to come by, or to send a note or card. 1 believe that Leo deserves some recognition, and the thanks from our town for dedicating nearly half of his life to the kids. It would be greatly appreciated if the Board of Selectman could. issue a citation in recognition of Leo's outstanding dedication and commitment to the children, to baseball, and to the Town of Reading. Perhaps they could declare June 27, 2006 as "Leo Turenne Day". I would be very grateful if you could present this request to the Selectmen. Thank you very much. Please do not hesitate to contact me if there are any questions. Sincerely, William F. Crowley V Christopher R. Campbell 12 Overlook Road Reading, MA 016$7 June 20, 2006 Ms. Paula Schena Town of Pleading 17 Lowell Street Reading, MA 01867 Dear Ms. Schena, please accept this as my Letter of Intent to be appointed as a member Recreation Committee for a three year term, commencing July 1, 2006. Unfortunately I will not be able to appear before the Board of Selectmen, due to a prior commitment. I have been an AssWate Member for the last few years. Prior to my years as an Associate, I served three, three year terms as a Full Voting Member of the Recreation Committee. I feel that I again have the time to commit to the Comm tee and would welcome the opportunity to serve the Town of Reading. Thank you for your consideration. Sincerely, z~ 40;~~ Chris Campbell Page 1 of 1 Hechenbleikner, Peter From: Rhonda Cerbone [rmc07@comcast.net] Sent: Monday, June 19, 2006 9:07 PM To: Camille Anthony forwading account; James Bonazoli forwarding account; Ben Tofoya; Steve Goldy forwarding account; Rick Schubert Multiple Addresses; Town Manager; Reilly, Chris Subject: Fw: park square, working group meetings To all selectmen, Peter Hechenbleikner and Chris Reilly I am writing to you to express my support for the proposed Park Square development for the former Addison- Wesley site. I feel strongly that this would be a positive addition to the town. And I applaud WS Development for their patience while the working group is continuing to brain storm. However, I think it is unfair to exclude WS Development Associates from the working group meetings. I think they should be allowed to sit in at the meetings to hear what the working group is considering. They have invested more than a year and a half into this project and as far as 1 can tell have been very receptive to some of the requirements the group has established so far. My fear is we will have another Spence Farm Project to deal with Sincerely Rhonda Cerbone 6/20/2006 PARK SQUAR E C/cW A 7 R E A D I N G 2(06 JLN 20 P11 is 30 June 6, 2006 Dear Town of Reading, W/S Development did not pursue the article to rezone Addison-Wesley property at the recent town meeting. Instead, we are working with the town's Working Group to make modification to the original plan. In March 2006, Town officials formed a "Working Group" to include Reading town officials, W/S Development, neighbors to the property and others to work together to make modifications to the plan for Park Square at Reading. As a result of comments by neighbors, officials and others, W/S Development has proposed the following changes. None of these changes are finalized. • Increase the minimum building setback in the residential zone by 100%, from 50 to 100 feet. • Move the driveway at the main entrance toward the highway away from South Street homes. • Reduce retail square footage by 20%, from 400,000 to 320,000 square feet. • Prohibit stores from being larger than 63,000 gross square feet to prohibit "big box" stores. • Add an additional 70,000 square for a health & wellness center, which would house medical offices and ,a fitness center. • Add mixed-uses options if the Town would like; a small park for families including a play area, community room for use by local organizations and groups, outdoor performance areas and pedestrian pathway that allows neighbors to walk to the property. Some of the members of the Working Group have asked us to consider a residential component on the northwest side of the property closest to South Street but that is still undecided. We expect the details of Park Square at Reading will continue to change. We want you to know that we are committed to working with you and your neighbors to screen our development from your homes. Please contact us at (617) 646-3203 if you would like to meet with us to discuss any aspects of the development. Also, W/S representatives will continue to go door to door in your neighborhood to answer any questions you may have. We will send you additional information as it becomes available. You may also find more information on our web site www.i)arksauareatreadina.com. Thank you for your time and attention. Sincerely, got~_~~ Robert Frazier VP Development W/S Development Associates Richard Askin Project Manager Brian Sciera VP Lifestyle Centers D .r. Il.~ },T ! rM'0P ~ t~ d2 t 1. '2+"~ x5 -T' ,W f,.,----•-."''•`r- t ~.r. s ~ f • ~s ib Y 1 G 4S`S-t, "Uy x a dl ~ ~ ~ kk Ts t '4 i ~ ~ 5 -I sr~ a 1 + cvF a x s t ay e C ~t r t._ v,-v„~ / 4 'fit °t F .!s" Fli°'~c ~'w•`~' u Ole WrY Spa: F w . r relocated a tong 10 n5tl fl .i)ve xF' `a*' '~[~`a st - t - - nt. av.~ .e. ~ ~ ~ ~f S.i~4.1c~+i.L f 1 aE h j 104 I ACC G~ 0 7 t sIt8#fun~ Y t z; co- Mixed use swage Site Plan • Shops • Hed& +`Weftess. Cen ti • Bookstore Residential j $ t } Restaurants Community Room S 5 • Cafes Neighborhood Tot Lod: a r x Sidewalk: Cafes' Family PIa Area Orgu~&Wodt6ce tart k Gazebo .:v P/4/, THE COMMONWEALTH OF MASSACHUSETTS d OFFICE OF THE ATTORNEY GENERAL WESTERN MASSACHUSETTS DIVISION ® 1350 MAIN STREET °~M sues SPRINGFIELD, MASSACHUSETTS 01103-1629 THOMAS F. REILLY (413) 784-1240 ATTORNEY GENERAL, www.ago.state.ma.us June 13, 2006 G ::n c- Cheryl A. Johnson, Town Clerk - 16 Lowell Street"' - Reading, MA 01867 RE: Reading Annual Town Meeting of April 24, 2006 - Case # 3777 Warrant Articles # 21, 23, and 24 (General) CD Dear Ms. Johnson: Article 24 - I return with the approval of this Office the amendments to the town by-laws adopted under this Article on the warrant for the Reading annual town meeting that convened on April 24, 2006. Article 21- I return the amendments adopted under this Article with the approval of this Office, except as provided below. The amendments adopted under Article 21 delete the town's existing Section 5.6 and insert a new Section 5.6, "Animal Control." Section 5.6.2.1.9 of the proposed by-law pertains to license fees and provides in pertinent part as follows: The fees for licensing each shall be determined by the Board of Selectmen. The fees shall differentiate between neutered or spayed dogs, and not neutered or non-spayed dogs. The fees for neutered or spayed dogs shall be less than the fee for non-neutered or non-spayed dogs. In approving Section 5.6.2.1.9, we remind the Town that any fees imposed under the proposed by-law cannot exceed the limits imposed on local governments by the Constitution and the statutes of the Commonwealth. Valid fees are distinguishable from invalid taxes by three criteria: (i) the fee is assessed for a particular government service benefitting the party paying the fee in a manner not shared by other persons; (ii) the person assessed has the option to decline the service and thus avoid the charge; and (iii) the amounts paid compensate the Town for its costs and expenses of providing the services rather than raising revenues. Emerson Colleae v. Boston 391 Mass. 415, 427-28 (1984). Moreover, a lawful fee is one that covers only the permit granting authority's reasonably anticipated costs of providing the services for which the fee is assessed. Southview Cooperative Housing Corn. v. Rent Control Board of CambrideQ 396 Mass. 395, 402 (1985). The Town might wish to discuss with Town Counsel whether the amounts imposed, as applied, would amount to a tax not specifically authorized by the Legislature and is therefore unlawful. We next call the town's attention to Section 5.6.2.2.4, which pertains to the requirements for the location and the inspection of kennels. In approving Section 5.6.2.2.4, we remind the town of the protections accorded to agriculture under state law. F:\USERS\RITCHIE\WP61 \DOCS\TOWNS\Reading\#3777A.dis.wpd 011 The laws and Constitution of the Commonwealth have recognized the importance of agriculture and agricultural uses within the state. Article 97 of the Massachusetts Constitution declares that the protection of people in their right to the utilization of agricultural resources is a public purpose in the Commonwealth. Moreover, there are numerous state laws and regulations that preclude agricultural uses from restriction by local legislation. See G.L. c. 40A, § 3, c. 11, c. 125, and c. 131, § 40. Specifically, G.L. c. 40A, § 3, provides protection to agriculture and provides in pertinent part: No zoning by-law shall prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture; nor prohibit, or unreasonably regulate, or require a special permit for the use, expansion, or reconstruction of existing structures thereon for the primary purpose of agriculture, horticulture, floriculture, or viticulture, including those facilities for the sale of produce, and wine and dairy products, provided that during the months of June, July, August, and September of every year or during the harvest season of the primary crop raised on land of the owner or lessee, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, except that all such activities may be limited to parcels of more than five acres in area not zoned for agriculture, horticulture, floriculture, or viticulture. . General Laws Chapter 40A, Section 3, provides that all agricultural uses must be allowed as of right on land zoned for agricultureand on land greater than five acres in size therefore, a municipality may not restrict agricultural uses in those areas. However, a municipality is allowed to restrict agricultural uses on land less than five acres that is not zoned for agriculture Dog kennels can be considered agriculture and subject to the protections provided under G.L. c. 40A, § 3. See Sturbridge v. McDowell. 35 Mass. App. Ct. 924, 926 (1993). The setback requirements and other restrictions in Section 5.6.2.2.4 may be unreasonable as applied to a specific kennel. In those instances, it would be inconsistent with state law for the town to unreasonably regulate kennels that enjoy the protections accorded to agriculture under state law. We next call the town's attention to Section 5.6.2.2.10, which incorporates by reference the provisions of G.L. c. 140, 137B, 137D, and 138A. We also point out Section 5.6.8.2, which incorporates by reference G.L. c. 140, 136A through 156 and 158 through 174D. We point out that Section 5.6.2.2.10 is, in effect, a complete adoption of these sections of the General Laws as a local bv-lawwithout adaptation to its local application. The whole-cloth adoption of text from the laws of another jurisdiction in this case the General Laws of the Commonwealth is disconcerting since the language of those laws include references to persons, matters, and subjects appropriate onlvto other jurisdictions. While the general intent of "incorporating" the provisions of state regulations is fairly inferable, we encounter the devil in the details of its application locally. We next call. the town's attention to Section 5.6.5, which pertains to the town's Animal Control Appeals Committee (ACAC). Specifically, Section 5.6.5.5 pertains to appeals and would have provided as follows: Further Appeals. An appeal from a decision of the ACAC may be made be either the Owner or Complainant uursuant to the provisions of M.G.L. Chanter 30A. (Emphasis added.) F:\USERS\RITCHIE\WP61 \ROCS\TOWNS\Reading\#3777A.dis.wpd ,0 ION ~S . We disapprove and delete. the above underlined text because the jurisdiction of state courts to hear appeals and the nature of the appeal from local action is a matter exclusively the prerogative of the Legislature and cannot be established by local by-law., [Disapproval # 1 of 11. Moreover, we point out that G.L. c. 30A, is the State Administrative Procedures Act and governs appeals from state agency decisions. Thus, it is unclear whether an appeal from local action is governed by G.L. c. 30A. Article 23 - I return with the approval of this Office, the amendments adopted under this Article, except as provided below. The amendments adopted under Article 23 add to the town's general by-laws a new Door-To-Door Solicitors and Canvassers by-law. Section 5.5.9 defines the terms solicit and canvass as including commercial activities and the solicitation of funds. By defining these terms in such a manner, we believe the town provides for consistency with Watchtower Bible & Tract Societv of New York. Inc. et al. v. Village of Stratton. 122 S. Ct. 2080 (2002), a recent United States Supreme Court decision. In Watchtower the Supreme Court invalidated a municipal ordinance that required a permit to engage in door-to-door solicitation. The ordinance in this case prohibited canvassers from going on private property for any cause unless they had a permit; however, "had this provision been construed to apply only to commercial activities and the solicitation of funds, arguably the ordinance would have been tailored to the Village's interest in protecting the privacy of its residents and preventing fraud." Watchtower 122 S. Ct. at 2089. In approving this text, we remind the town that non-commercial solicitation would enjoy the protections articulated in Watchtower. Thus, we caution the town to apply the proposed by-law in a manner consistent with the holding in Watchtower Bible & Tract Societv of New York, Inc. et al. v. Village of Stratton 122. S. Ct. 2080 (2002). We next call the town's attention to Section 5.5.9.3, which pertains to application for registration and provides in pertinent part as follows: 5.5.9.3.1 Application for a Certificate of Registration shall be made upon a form provided by the Police Department along with a nonrefundable application fee. Said fee to be determined by the Board of Selectmen. In approving Section 5.5.9.3.1, we remind the Town that any fees imposed under the proposed by-law cannot exceed the limits imposed on local governments by the Constitution and the statutes of the Commonwealth. As stated in more detail above, valid fees are distinguishable from invalid taxes by three cr iteria: (i) the fee is assessed for a particular government service benefitting the party paying the fee in a manner not shared by other persons; (ii) the person assessed has the option to decline the service and thus avoid the charge; and (iii) the amounts paid compensate the Town for its costs and expenses of providing the services rather than raising revenues. Emerson College v. Boston 391 Mass. 415, 427-28 (1984). The Town might wish to discuss with Town Counsel whether the amounts imposed, as applied, would amount to a tax not specifically authorized by the Legislature and is therefore unlawful. Lastly, we call the town's.attention to Section 5.5.9.7, which would have provided as follows: Lawful hours to conduct solicitation or canvas. All canvassing or soliciting under this section shall be confined to the hours between 10:00 a.m. and sundown or 8:00 p.m., whichever is earlier, throughout the year. F:\USERS\RITCHIE\WP61 \DOCS\TO WNS\Reading\#3777A.dis.wpd We disapprove and delete Section 5.5.9.7 as inconsistent with.the holding in Massachusetts Fair' Share. Inc. v. Rockland. 610 F. Supp. 682, 688-90 (1986). In Massachusetts Fair Sharethe court held that local legislation in eighteen (18) towns prohibiting solicitation and canvassing to certain daylight hours was unconstitutional, including prohibiting solicitation and canvassing after "sunset" and "daylight hours." Specifically included in the list of local legislation the court found to be unconstitutional was a restriction from the Town of Walpole that limited canvassing to the hours of 9:00 a.m to 5:00 p.m., and a restriction. from the Town of North Attleborough that allowed canvassing only between the hours of 3:30 p.m. and 8:3.0 p.m. on weekdays only. While a determination of whether or not local legislation has chosen the least restrictive means to achieve the legitimate local objective is more appropriately addressed as a question of fact rather than a question of law, we believe the case law leads to the conclusion that the time limits imposed by the proposed by-law are facially inconsistent with state law. The 10:00 a.m. limit is two hours after the 8:00 a.m. time limit struck down in Massachusetts Fair Share The 8:00 p.m. limit on the hours of solicitation is a half hour before an 8:30 p.m. time limit struck down in Massachusetts Fair Share Thus, limitation on time imposed in Section 5.5.9.7 conflicts with state law, which requires local legislation to be the least restrictive means necessary to achieve the legitimate local objective. Note:. Under G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the town has first satisfied the posting/publishing requirements of this section. Once this statutory duty is fulfilled, (1) ueneral by-laws and amendments take effect on the date that these posting and publishing requirements are satisfied unless a later effective date is prescribed in the by-law, and (2) zoninaby-laws and amendments are deemed to have taken effect from the date they were voted by Town Meeting, unless a later effective date is prescribed in the by-law. If the Attorney General has disapproved and deleted one or more portions of any by-law or by-law amendment submitted for approval, only those portions approvedare to be posted and published pursuant to G.L. c. 40, § 32. We ask that you forward to us a copy of the final text of the by-law or by-law amendments reflecting any such deletion. It will be sufficient to send us a copy of the text posted and published by the Town Clerk pursuant to this statute. Nothing in the Attorney General's approval authorizes an exemption from any applicable state law or regulation governing the subject of the by-law submitted for approval. Very truly yours, THOMAS F. REILLY ATTORNEY GE RAL by: Kelli E. Gunagan, AssistaniAttorney General By-law Coordinator, Municipal Law Unit 1350 Main Street, 4 h Floor Springfield, MA 01103-1629 (413) 784-1240, x 117 enc. PC: F:\USERS\RITCHIE\WP61\DOCS\TOWNS\Reading\#3777A.dis.wpd 4 107 Town of Reading 16 Lowell Street r w Reading, MA 01867-2685 ~63s°rNCOR4~~~~ FAX: (781) 94279070 TOWN CLERK Website: www.d.reading.ma.us (781) 942-9050 ANNUAL TOWN MEETING May 1, 2006 ARTICLE 21 - On motion by Stephen A. Goldy, member of the Board of Selectmen,• and amendments by Mark L Dockser, Precinct 1, and William R. Grace, Precinct 1, it was voted to rescind the entirety of Section 5.6 of the Reading General Bylaws, and replace it with the following: 5.6 Animal Control 5.6.1 Definitions As used in this bylaw, the following words and terms have the following meanings- 5.6. 1.1 ACO: The Animal Control Officer. 5.6.1.2 Banishment: An order by the Animal Control Appeals. Committee (ACAC) that a vicious dog may no longer reside or visit in the Town of Reading. '5.6.1.3 Destruction: An order by the Animal Control Appeals Committee (ACAC) that a . vicious dog be destroyed in accordance with Massachusetts General Laws Chapter 140, and Massachusetts Society for the Prevention of Cruelty to Animals guidelines. 5.6.1.4 Effective Voice Control: To-be under effective voice control, the animal must be within the keeper's sight and the keeper must be carrying a leash and the animal must refrain from illegal activities. 5.6.1.5 Keeper: Any person having charge of an animal within. the Town of Reading, including but not limited to the. animal's owner, dog walkers, dog sitters, members of the animal owner's household or family. 5.6.1.6 Kennel: Four or more dogs, six months of age or older, kept on a single property, whether for breeding, sale, training, hunting, companionship or any other purpose. 5:6.1.7 Kennel License: A special license issued to a kennel, which allows payment of a single fee covering all dogs in the kennel; with the kennel license, the kennel owner receives a special kennel tag for each dog in the kennel. 5.6.1.$ License: A dog's, registration, evidenced by a tag issued annually by the Town Clerk to the owner of each dog residing in Reading and worn by the dog securely fixed to its collar or harness. 5.6.1.9 License, Transfer: The registration issued to a dog already licensed in another U.S. jurisdiction; after the dog moves into the Town of Reading. 5.6.1.10 License Period: Annually, from January 1 through December 31. 5.6.1.11 Muzzling: Using a device that fits over a dog's mouth and prevents it from biting, but that does not cause any injury or interfere with the vision or respiration of the dog that wears it. 5.6.1.12 Nuisance Animal: An animal that repeatedly violates Section 5.6.3 of this bylaw. 5:6.1.13 Permanent Restraint: An order issued 'by the Animal Control Appeals Committee under Section 5.6.5.3, requiring a vicious dog's keeper to restrain it. 5.6.1.14 Restraint: Limiting, restricting, or keeping an animal under control by means of a physical barrier (e.g., a leash, substantial chain or line, visible or invisible fence). 5.6.1.15 Running at Large: A dog is running at large if it is not on the private property of its keeper, or on private property with the express permission of that property's owner, or on a leash, or under effective voice control (i.e.; within the keeper's sight and the keeper is carrying a leash). 5.6.1.16 Temnorarv Restraint: An order issued by the ACO under Section 5.6.3.2(4), requiring the dog's keeper to restrain a nuisance dog or suspected vicious dog for 30 days. 5.6.1.17 Vicious Dog: A dog that, without provocation, bites a human being or kills or maims a domestic animal without provocation. 5.6.1.18 Any word or term defined in Massachusetts General Law Chapter 140, Section 136A, and not otherwise defined here, is incorporated by reference. 5.6.2 Vaccination. Licensing and Fees 5.6.2.1 Three or fewer dogs: 5.6.2.1.1 License and vaccination requirements. All dogs six months and older, while residing in the Town of Reading, must have a license. To obtain or renew the license, each dog owner must annually present proof of a current rabies vaccination. When a veterinarian determines that vaccination is inadvisable, the owner may present a veterinarian's certificate exempting an old or sick dog from vaccination for a stated period of time. 5.6.2.1.2 New dogs: Within 30 days of acquiring a dog six months of age or older, each dog owner in Reading must present proof of that dog's current rabies vaccination and obtain a license and dog tag from the Town Clerk. 5.6.2.1.3 New puppies: Within six months of a puppy being born, each dog owner in Reading must present proof of that puppy's current rabies vaccination and obtain a license and dog tag from the Town Cleric. 5.6.2.1.4 New residents. A new resident who owns a dog six months of age or older must license it within 30 days after moving into Reading. The Town Clerk will issue each dog a transfer license, upon the owner's surrender of a current license from another U.S. jurisdiction and proof of current rabies vaccination. T transfer license is valid until the next regular licensing period. UI 5.6.2.1.5 Lost tags/replacement tags. Dog owners must replace a lost tag within three business days of the loss, by obtaining a replacement tag from the Town Clerk. 5.6.2.1.6 Tag exemptions for dog events and medical reasons: (1) A dog while actually participating in an official dog sporting or dog fancy event (if the event sponsors do not allow participants to wear tags) is exempt from the requirement that its license tag be affixed to its collar, provided its keeper has the tag at the event and available for inspection by the ACO. (2) When a veterinarian determines that a. dog cannot wear a collar for medical. reasons, the'dog is exempt until it recovers from the requirement that its license tag be affixed to its collar, provided its keeper has the tag in his or her possession and available for inspection by the ACO. 5.6.2.1.7 Annual renewal. Dog owners must renew each dog license annually. The annual licensing period runs from January 1 through December 31. 5.6.2.1.8 License due date/late fee. The application form for obtaining, renewing or transferring a license shall be available to each household no later than December 31st each year. Dog owners must return forms and fees to the Clerk by March 31st (or the first business day thereafter, if March 31st falls on Saturday, Sunday or legal holiday). Any license renewed after this date is overdue, and the owner must pay a late fee as determined by the Board of Selectmen in addition to the license renewal fee. The overdue license fee and the late fee may be added to the owner's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the dog owner, pursuant to Massachusetts General . Laws Chapter 40, Section 58. 5.6.2.1.9 License fees. The fees for licensing each dog shall be determined by the Board of Selectmen. The fees shall differentiate between neutered or spayed dogs, and not,neutered or non-spayed dogs. The fee for neutered or spayed dogs shall be less than the fee for non- neutered or non-spayed dogs. 5.6.2.2 Four or more dogs: 5:6.2.2.1 License and vaccination requirements. Anyone who owns or boards four or more dogs within the. Town of Reading must apply for and obtain a kennel license from the Town Clerk. (This requirement shall. not apply to medical boarding by any licensed veterinarian practicing in the Town of Reading.) To obtain or renew the license, the kennel licensee who is also the owner of the dogs must present proof of current rabies vaccinations for each dog in the kennel older than six months. When it is off the kennel property, each dog in the kennel must wear a kennel tag, issued by the Town Clerk, affixed to its collar or harness. Kennel licensees who offer temporary boarding services must obtain valid proof that each dog in '60 kennel that is older than 6 months has received a current rabies vaccination which proof must be maintained in accordance with 5.6.2.2.4(6) herein. 5.6.2.2.2 New dogs and new puppies. The kennel licensee who is also the owner of the dogs must report to the Town Clerk each new dog. in the kennel within 30 days of its acquisition, show proof of current vaccination, and obtain a kennel tag for that dog. The kennel licensee must show proof of current vaccination and obtain a tag for each puppy when it reaches six months old. 5.6.2.2.3 Application process. Every applicant for. a new kennel license must first obtain Zoning approval as required by the Reading Zoning By-Laws prior to submitting an application to the Town Clerk on a form prescribed by the Clerk. 5.6.2.2.4 Inspection process. Before the Town Clerk can issue the kennel license, the Health Division Animal Inspector must inspect the proposed kennel, file a report on the inspection, and favorably recommend that the kennel meets all the following requirements: (1) The location of the kennel is.appropriate for housing multiple dogs. (2) The location of the kennel on the property will have no significant adverse effect on the peace and quiet or sanitary conditions of the neighborhood. (3) The area provided for housing, feeding, and exercising dogs is no closer than 20 feet to any lot line. (4) The area provided for housing, feeding, and exercising dogs is no closer than 50 feet to any existing dwelling on an abutting lot.. (5) The kennel will be operating in a safe, sanitary and humane condition. (6) Records of the numbers and identities of the dogs are properly kept. (7) The operation of the kennel will be consistent with the health and safety of the dogs and of the neighbors. 5.6.2.2.5 Periodic inspections. Before a kennel license is renewed, and at any time they believe it necessary, the ACO and/or the Health Division may inspect any kennel. If the ACO or the Health Division determine that it is not being maintained in a safe, sanitary and humane condition, or if the kennel records on the numbers and identities of the dogs are not properly kept, the ACO will report the violations to the Animal Control Appeals Committee (ACAC) for a hearing on whether to impose fines 'or revoke the kennel license. 5.6.2.2.6 Kennel review hearings. Within seven business days after receiving the ACO's report of violations, the ACAC will notify all interested parties of a public hearing to be held within 14 days after the notice date. Within seven business days after the public hearing, the ACAC shall either revoke the kennel license, suspend the kennel license, order compliance, or otherwise regulate the kermel. (1) Any person maintaining a.kennel after the kennel license has been denied, revoked, or suspended will be subject to the penalties in Section 5.6.7 of this bylaw. 5.6.2.2.7 Annual renewal. Each kennel licensee must renew the license annually at the Town Clerk's Office. The annual licensing period runs from January 1 to December 31. 5.6.2.2.8 License due date. Kennel license renewal forms will be sent to each licensed kennel no later than December 1 each year. Kennel licensees must return forms and fees to the Town Clerk by January 15 (or the first business day thereafter, if the 15th falls on Saturday, Sunday or legal holiday). Failure to pay on time will result in a late fee, due in addition to the license fee. The overdue license fee and the late fee may be added to the licensee's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the kennel licensee, pursuant to Massachusetts General Laws Chapter 40, Section 58. Nothing in this bylaw shall prevent or abrogate the Board of Health's authority to license and inspect kennels in the Town of Reading. 5.6.2.2.9 Fees. The.fees for licensing each kennel shall be established by the Board of Selectmen. 5.6.2.2.10 Incorporation. The following provisions of Massachusetts General Laws Chapter 140 are expressly incorporated herein: Section 137B - Sale or other delivery of unlicensed dog.by kennel licensee; Section 137D - Licensee convicted of violation of statutes relating to offenses against animals; and Section 138A - Importation of dogs and cats for commercial resale, etc. 5.6.3 Conduct of Animals 5.6.3.1 Endangering safety. No animal keeper shall allow its animal to bite, menace or threaten, all without provocation, so as to endanger the safety of any person. This section is not meant to preclude an animal from acting as a watchdog on its keeper's property. 5.6.3.2 Disturbing the peace. No animal keeper shall allow the animal to disturb the peace of any neighborhood by making excessive noise without provocation. Noise is excessive if it is uninterrupted barking, yelping, whining, or howling for a period of time exceeding 15 minutes. This section is not meant to preclude a dog from acting as a watchdog on its keeper's property. 5.6.3.3 Damaging property. No animal keeper shall allow the animal to damage public or private property or realty. 5.6.3.4 Running at large. When not on the private property of its keeper, or on private property with the express permission of that property's owner, an animal must be on a leash or may be under effective voice control in locations noted below. To be under effective voice control, the animal must be within the keeper's sight and the keeper must be carrying a leash. (1) Voice control (in place of leash control) allowed. A dog may be under voice control when within the Town Forest or on Conservation lands. (2) Public gatherings - leash control only. An animal may be at any public gathering not otherwise specified in this bylaw only if it is on a six-foot or shorter leash and the animal must refrain from illegal activities. (3).School grounds - animals not allowed during school/leash control only at other times. Unless the school Principal gives permission in advance, no animal may be on school grounds from 30 minutes before classes begin until 30 minutes after classes end. At all other times, the animal may be on school grounds only if it is on a six-foot or shorter leash. An animal is not violating this prohibition if it remains within a vehicle. (4) Exception for assistance animals (service animals). Section 5.6.3.4 does not apply to any properly trained assistance animal or service animal while performing its duties. 5.6.3.5 Chasing. No animal keeper shall allow the animal to chase a person, motor-powered vehicle, human-powered vehicle, or animal drawing or carrying a person. 5.6.3.6 Dog litter. Every dog keeper is responsible for expeditiously removing any dog feces the dog deposits anywhere except on its keeper's private property, on other private property with the property owner's permission. This provision does not apply to any assistance dog or service dog while it is performing its duties. 5.6.4 Animal Control Officer 5.6.4.1 Appointment. The Town Manager shall appoint an Animal Control Officer (ACO) under the provisions of Massachusetts General Laws Chapter 140, Sections 151 and 151A to carry out the provisions of this bylaw and to perform such other duties and responsibilities as the Town Manager or his designee may determine. 5.6.4.2 Duties. The ACO's duties shall include but not be limited to the.following: (1) Enforcement of the Town of Reading Animal Control Bylaws and relevant State regulations. (2) Explanation of bylaw violations. (3) Notification to the owner of unlicensed dogs. (4) Issuance of Temporary restraint orders. The ACO shall issue an order of temporary restraint to the keeper of any animal that is a nuisance or that is awaiting a decision under Section 5.6.6 as to whether it is vicious. An order of temporary restraint is an order that the animal must be confined to its keeper's property when not on a-6-foot or shorter leash or may be ordered to be sheltered at a local kennel or veterinarian facility at the animal owner's expense; muzzling will be at the ACO's discretion. It shall be in force for no more than 30 days unless the ACO renews it in writing for subsequent 30-day periods. The ACO shall rescind or stop renewing the order when, in the ACO's judgment, restraint is no longer required. The animal's keeper can petition the Animal Control Appeals Committee (ACAC) under Section 5.6.5.2 to rescind the order of temporary restraint. (5) Issuance of an order of confinement. The ACO may make arrangements for the temporary housing of any animal that is to be confined under the provisions of this bylaw. The housing may be at local veterinary clinics, or at dog kennel within the Town or neighboring towns, and shall be at the animal owner's expense. (6) Complaint resolution. The ACO shall investigate all complaints arising within the Town pertaining to violations of this bylaw and try to mediate disputes, between Town residents pertaining to the behavior of an animal maintained or located within the Town. If the mediation fails, the ACO will decide on a solution and inform the animal owner and any resident that brought a complaint or problem to the ACO's attention. Any party aggrieved by or disagreeing with the ACO's decision may appeal that decision to the Animal Control Appeals Committee; the ACO shall attend the meetings of the ACAC on the matter. (7) Recordkeeping. The ACO shall keep accurate, detailed records of the confinement and disposition of all animals held in custody and of all bite cases reported, and the results of investigations of the same. The ACO shall maintain a telephone log of all calls regarding animals and submit a monthly report summarizing the log to the ACAC. 5.6.5 Animal Control Anbeals Committee (ACAC) 5.6.5.1 Composition of the ACAC. The Animal Control Appeals Committee is comprised of three Reading residents, none of whom can be employees of the Town, appointed' to three-year overlapping terms by the Board of .Selectmen. The ACAC will annually select a member to serve as the Chair. At least one of the three members must be a dog owner. 5.6.5.2 Right to appeal. When the Animal Control Officer, has investigated a complaint regarding an animal's behavior and has issued a finding or an order of temporary restraint with which either the animal's keeper or the complainant disagrees, then either party may appeal by sending a written request to the Town Clerk within 10 business days after issuance of the ACO's decision. Following the Clerk's receipt of a written. appeal, the ACAC shall hold a public hearing on the appeal within 14 days, at which the dog owner, the complainant, and the ACO must appear. 5.6.5.3 Findings and further appeals. The ACAC shall vote at the public hearing on whether to uphold, reverse, or modify the ACO's decision and shall mail its ruling to the animal owner, complainant, and ACO within three business days after the public hearing. 5.6.5.4 Hearings. The ACAC shall hold public hearings and make decisions on any vicious dog declaration under Section 5.6.6. 5.6.5.5 Further Appeals. An appeal from a decision of the ACAC may be made by either the Owner or Complainant pursuant to the provisions of M.G.L. Chapter 30A. 5.6.6 Vicious Does 5.6.6.1 Declaring a dog vicious.. Any dog that, without provocation, bites a human being or kills or. maims a domestic animal without provocation may be declared vicious by the ACAC. An exception may be made for a puppy (animal under six months old) that draws blood, or for a dog that attacks or bites an unaccompanied domestic animal on the dog keeper's property. 5.6.6.2 Procedure for declaring a vicious dog.' Upon the written complaint of the ACO, any other public safety agent, or upon the petition of not less th five individuals from five separate households the Animal Control Appeals Committee (ACAC) shall hold a public hearing, after which it will determine whether it should declare a dog vicious and, if so declared, what remedy is appropriate. 5.6.6.3 Exceptions. A dog shall not be declared vicious if the ACAC determines any of the following: (1) The person's skin was not broken. (2) The person who was bitten was willfully trespassing, committing a crime, or attempting to commit.a crime on the premises occupied by the dog's keeper. (3) The.dog was being teased, tormented, abused, or assaulted by the injured person or animal prior to attacking or biting. (4) The dog was protecting or defending a human being in its immediate vicinity from attack or assault. 5.6.6.4 Remedies. Upon its finding that the dog is vicious, the ACAC shall order one of the following remedies: permanent restraint, banishment, or destruction in accordance with MSPCA guidelines. (1) Permanent restraint order is an order that the dog must at all times while on its keeper's property be kept within the keeper's house or a secure enclosure. The secure enclosure shall be a minimum of five feet wide, 10 feet long, and five feet in height, with a horizontal top covering the entire enclosure; shall be constructed of not less than 9 gauge chain link fencing; the floor shall be not less than three inches' of poured concrete; with the bottom edge of fencing embedded in the concrete; shall, be posted with a clearly visible warning sign including a warning symbol; must contain and provide protection from the elements; and shall comply with all applicable building codes and with the Zoning By-Laws of the Town of Reading. In addition, the keeper of the dog shall annually provide proof to the Town Clerk of a liability insurance policy of at least one hundred thousand dollars ($100,000) for the benefit of the public safety; whenever the dog leaves its keeper's property, it must be muzzled and restrained on a lead no longer than six feet or confined in an escape- proof enclosure. (2) Banishment is an order that a vicious dog may no longer reside or visit in the Town of Reading. (A vicious dog that is confined to a vehicle while passing through Reading is not "visiting" and therefore is not in violation of the order of banishment.) (3) Destruction is an order that the dog be destroyed in accordance with Massachusetts General Laws Chapter 140, and Massachusetts Society for the Prevention of Cruelty of Animals guidelines. 5.6.7 Penalties 5.6.7.1 Fines. Any animal keeper who maintains a kennel after the kennel license has been denied, revoked or suspended, or who fails to obtain a kennel license; and any animal keeper who fails to comply with Section 5.6.3 Conduct of Animals shall be subject to penalties as determined by the Animal Control Appeals Committee, not exceeding $300 per day f every day of the violation. 5.6.7.2 Reimbursement of costs. If the Animal Control Officer confines a dog and the animal owner does not pay all fees directly to the kennel or veterinary clinic, then the dog's keeper must reimburse the Town of Reading for any expenses incurred in boarding that dog. If the dog has not been licensed, the keeper must obtain a license and pay any applicable late fee before the dog can be released. 5.6.7.3 Penalties for violating restraint orders. The ACAC shall determine a schedule of penalties not exceeding $300 per day for each and every violation of restraint orders. 5.6.8 Miscellanv 5.6.8.1 Non criminal disposition of violations. The ACO may, as an alternative to initiating criminal proceedings, initiate and pursue proceedings for the non-criminal disposition of any violation of this bylaw, in accordance with the provisions of Massachusetts General. Laws Chapter 40, Section 21D, to the extent of the specific penalty provided therefore. 5.6.8.2 Incorporation of State law. The provisions of Massachusetts General Laws Chapter 140, Sections 136A through 156 and 158 through 174D, inclusive, as may be amended from time to time and except as modified heroin, are hereby incorporated into this bylaw. 5.6.8.3 Severability. The invalidity of one or more sections, subsections, paragraphs, sentences, clauses, or provisions of this bylaw shall not invalidate or impair any other part of this bylaw nor invalidate the bylaw as a whole. A true copy. Attest: ~.Cj3r4 Chery A. Johns n To Clerk (?0401 Town of Reading 16 Lowell Street ~~e ' Ewa Reading, MA 01867-2685 r '~:1NCORe°4P~ FAX: (781) 942-9070 Website: wwwxhreading.ma.us TOWN CLERK (781) 942-9050 . ANNUAL TOWN MEETING May 1, 2006 ARTICLE 23 - On motion by James E. Bonazoli, member of the Board of Selectmen, it was voted to adopt the following General Bylaw regulating door-to-door solicitors and canvassers: 5.5.9 Door-To-Door Solicitors and Canvassers 5.5.9.1 - Definitions; applicability. 5.5.9.1.1 As used in this section, the terms "solicit" and "canvas" shall mean and include any one or more of the following activities conducted at residences without the previous consent of the owner: (a) Seeking to obtain the purchase; or orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description whatever for any kind of consideration whatsoever; or (b)Seeking to obtain subscriptions to books, magazines, periodicals, newspapers. and every other type or kind of publication. 5.5.9'.1.2 The.provisions of this section. shall not apply to officers or employees of the Town, County, State or Federal government, or any subdivision thereof when on official business, or to neighborhood youth and students who solicit for the shoveling of snow or cutting of lawns or similar services to residents, nor shall it be construed to prevent route salespersons or other persons having established customers to whom they make periodic deliveries from calling upon such customers. 5.5:9.1.3 If any solicitor or canvasser is under the age of 18 years and is selling goods or periodicals for a commercial purpose, the provisions of M.G.L. c. 101, §34 shall apply. 5.5.9.1.4 The provisions of this section shall not apply to any person soliciting solely for religious, charitable-or political purposes. 5.5.9.2 - Registration required. It shall be unlawful for any person to solicit or canvas or engage in or conduct business as a canvasser or solicitor without first having obtained a Certificate of Registration from the Chief of Police as provided in this section. 5.5.9.3 - Application for Certificate of Registration. 5.5.9.3.1 Application for a Certificate of Registration shall be made upon a form provided by the Police Department along with a nonrefundable application fee.. Said fee to be determined by the Board of Selectmen. 5.5.9.3.2 An authorized representative of the sponsoring organization shall apply to the Chief of Police or his/her designee either in 'person or by mail. All statements on the application or in connection therewith shall be under oath. The applicant shall provide all information requested on the application, including: (a) Name, address and telephone number of the sponsoring organization, along with a listing of all officers and directors; (b) State and/or Federal Tax Identification Number of the sponsoring organization; (c) Name, residential and business address, length of residence at such residential address, telephone number, social security number and date of birth of each representative of the sponsoring organization who will be soliciting or canvassing in the Town; (d) Description sufficient for identification of the subject matter of the soliciting or canvassing in which the organization will engage; (e) Period of time for which the Certificate is applied (every Certificate shall expire within one year of date of issue); (f) The date of the most recent previous application for a Certificate under this section; (g) Any previous revocation of a Certificate of Registration issued to the organization or to any officer, director or representative of the organization by any city or town and the, reasons therefore; (h) Any convictions or imprisonment for a felony, either State or Federal, within five years of the application, by the sponsoring organization, any of its officers or directors, or any representative who will be soliciting or canvassing in the Town; (i) Names of the three communities where the organization has solicited or canvassed most recently; (j) Proposed dates, hours and method of operation in the Town; (k) Signature of authorized representative of the sponsoring organization. 5.5.9.3.3 A photograph or an acceptable photocopy of a photograph of each representative of the sponsoring organization who will be soliciting or. canvassing in the. Town shall be attached to the application. 5.5.9.3.4 No Certificate of Registration shall be issued to any person, or to any organization having an officer or director, who was convicted of commission of a felony, either State or Federal,, within five years of the date of the application, nor to any organization or person whose Certificate of Registration has previously.been revoked as provided below. 5.5.9.3.5 Fully completed applications for Certificates shall be acted upon within five business days of receipt. The Chief of Police shall cause to be kept in his office accurate records of every application received together with all other information and data pertinent thereto and of all Certificates of Registration issued under this section and of all denials. 5.5.9.3.6 Upon approval of an application, each solicitor or canvasser shall be issued a Certificate of Registration with a photo identification badge to carry upon his/her person at all times while soliciting or canvassing in the Town and to display the Certificate whenever asked by any police officer or any person solicited. 5.5.9.4 - Revocation of Certificate. 5.5.9.4.1 Any Certificate of Registration issued hereunder may be revoked by the Chief of Police for good cause, including conviction of the holder of the Certificate of violation of any of the provisions of this section or a false material statement in the application. Immediately upon such revocation, the Chief of Police shall give written notice to the holder of the Certificate in person or by certified mail addressed to his/her residence address set forth in the application. 5.5.9.4.2 Immediately upon the giving of such notice, the Certificate of Registration shall become null and void. In any event, every Certificate of Registration shall state its expiration date, which shall be no later than one year from date of issue: 5.5.9.5- Deceptive Practices. No solicitor or canvasser registered or exempt from registering may use any plan, scheme, or ruse which misrepresents the true status or mission of any person conducting the solicitation or canvas in order to gain admission to the home, office or other establishment of any person in the Town. 5.5.9.6- Duties of solicitors and canvassers. It shall be the duty of every solicitor and canvasser going onto any premises in the Town to: (a) Display a Town-issued photo identification badge on the outside of their person; and (b) First examine' whether there is a. notice posted stating that no solicitors are welcome. If such notice is present, then the solicitor or canvasser shall immediately and peacefully depart from the premises; and (c) Any solicitor or canvasser who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. 5.5.9.7 - Lawful hours to conduct solicitation or canvas. All canvassing or soliciting under this section shall be confined to the hours between 10:00 a.m. and sundown or 8:00 p.m., whichever is earlier, throughout the year. 5.5.9.8 - Penalty for violations. Any solicitor or canvasser who violates any provision of this section shall be punishable in accordance with Section 1.5 of the Town of Reading General Bylaws. A true copy. Attest: eryl . Johnso Town Jerk D OF $ Town of Reading i 16 Lowell Street Id, Reading,.MA 01867-2685 mod.. a . FAX: (781) 942-9070 Website: www.ci.reading.ma.us TOWN CLERK (781) 942-9050 ANNUAL TOWN MEETING May 4, 2006 ARTICLE 24 - On motion by Karen Herrick, associate member of the Historical Commission, it was voted to amend § 5.13 of the Reading General Bylaws of the Town as follows: • § 5.13.3.2 - by deleting said 'section in its entirety, and inserting in its place: "Upon the receipt of a completed application form for a, demolition permit for a Potentially Significant Structure, the'Building Inspector shall immediately forward a copy thereof to the Commission for review." • § 5.1313.3 = by deleting the word "Permit" in the first sentence and replacing it with the word "Application". . • § 5.13.3.4 - by deleting the second sentence. of the second paragraph and replacing it with, "The Applicant shall be responsible for costs associated with, the mailing, posting or publishing of the required notices." • § 5.13.3.6 - by deleting the word "six (6)" in the second. sentence and replacing it with the word "twelve (12)", so that said second sentence shall read, "The Commission shall so advise the applicant and the Building Inspector, and a Demolition Permit may be delayed up to twelve (12) months after the conclusion of the hearing during which time alternatives to demolition shall be considered." A true copy. Attest: f f heryyA. Johnson To Clerk Aff S D