HomeMy WebLinkAbout2007-02-26 Special Town Meeting MinutesCOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on February 8, 2007 notified and warned the
inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the
place and at the time specified 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 February 26, 2007,
the date set for the Special Town Meeting in this Warrant.
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue of February 7, 2007.
W. Ulrich, Constable
1
SPECIAL TOWN MEETING
(Seal)
COMMONWEALTH OF MASSACHUSETTS
M'idd'lesex, 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 at the Reading Memorial High School Auditorium, 62 Oakland
Road in said Reading, on Monday, February 26, 2007, 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.
ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town
Accountant,. Treasurer-Collector, 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 all 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 2007 - FY 2011,
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 amend one or more of the votes
taken under Article 15 of the Warrant of the Annual Town Meeting of April 24, 2006, as
amended under Article 5 of the November 13, 2006 Subsequent Town Meeting, and to
see what sum the Town will vote to appropriate by borrowing or transfer from available
funds, or otherwise, as the result of any such amended votes for the operation of the
Town and its government, or take any other action with respect thereto.
Finance Committee
2
ARTICLE 5 To see if the Town will vote to amend the Reading Zoning Map to
include within the Business B and Mixed Use Zoning Districts a parcel of land currently
within the S15 Zoning District shown as parcel number 21 on Reading Assessors' Map
64, which land is situated on the Westerly side of Sanborn Street, in Reading.
Or take any other action with respect thereto
Board of Selectmen
ARTICLE 6. To see if the. Town will vote to amend the Reading Zoning By-laws
to establish an Employee Parking Overlay District by (a) adding a new Section 2.2.10.1
Employee Off-Site Parking Lot, (b) amending Section 4.2.2. Table of Uses, to add the
use of Employee Off-Site Parking Lot, and (c) by adding a new Section 4.11 entitled
Employee Parking Overlay District:
Definitions
2.2.10.1 Employee Off-Site Parking Lot: A parking lot situated in an Employee Parking
Overlay District that is used exclusively for the parking of non-commercial motor vehicles
used by the employees of a business that is located both in a Downtown Business B
District (principally traversed by Main and Haven Streets) and within 300 feet of that
parking lot.
4.2.2. Table of Uses
PRINCIPAL USES RES RES RES BUS BUS BUS IND
S-15 A-40 A-80 A B C
S-20
S-40
Business and Service Uses
Employee Off=Site Parking Lot SPP****** No No No No No No
Maybe permitted in an S-15 District only within an Employee Parking Overlay
District (EP District) and only with a special permit under Section 4.11 from
the CPDC.
4.11. EMPLOYEE PARKING OVERLAY DISTRICT
4.11.1 Purpose:
The purpose of this section is to provide a public benefit by mitigating a severe
parking shortage in the Downtown Business B District (principal.ly traversed by Main and
Haven Streets) by providing for off-site parking in an Employee Parking Overlay District
(EP District) for employees of businesses situated in the Downtown Business B District
(principally traversed by Main and Haven Streets) and to do so in a tightly controlled
manner which provides adequate safeguards to.minimize the impact of such employee
parking on residential property.
3
4.11.2 EP District:
Employee Parking Lot Overlay Districts ("EP Di'strict') shall take the form of
overlay districts covering designated land in the S-15.residential district, but only as are
applied to a specific parcel or parcels through a formal and proper amendment to the
Reading Zoning Map. For any land within an EP District, an owner may choose to
conform either to the zoning regulations which govern the underlying district or to the. EP
District overlay regulations and procedures set forth by this section, whose specific
provisions shall supersede all other provisions in the Zoning By-Laws with respect to the
underlying district including, without limitation, use, intensity, dimensional and parking;
however, the provisions of any other overlay district shall continue to apply.
Employee Parking Overlay Districts shall be overlaid only on designated portions of the
S-1.5 residential district that both directly abut and are within 100 feet of the Downtown
Business B District (principally traversed by Main and Haven Streets) and which are
specifically placed in the Employee Parking Overlay Districts by the specific action of the
Town Meeting. Land that is separated from the Downtown Business B District
(principally traversed by Main and Haven Streets) boundary by a portion of a street or a
railroad right of way shall not be considered to "directly abut" the Downtown Business B
District (principally traversed by Main and Haven Streets) for the purpose of this
provision.
No more than 100 parking spaces can be allowed in the EP Overlay District.
4.11.3 Special Permit for Employee Off-Site. Parking Lot:
.The Community Planning and Development Commission (the "CPDC), as the
Special Permit Granting Authority, shall. have authority to grant a Special Permit to
establish an Employee Off-Site Parking Lot ("EPL") within an EP District by a vote of at
least four members of the five-member CPDC. The CPDC shall evaluate proposed EPL
projects and require all such projects to conform to the Employee Off-Site Parking Lot
requirements and standards set_ forth in Sections 4.11.5 to ensure the benefits to the
Town of a proposed project outweigh any adverse impacts before granting a special
permit. If a lot is used as an Employee Off-Site Parking Lot, no other principal use shall
be located on that lot.
4.11.4 Special Permit Application:
An owner who wishes to apply for a special permit to establish an EPL shall
submit an application to the CPDC. The application shall identify the business whose
employees shall use the employee parking lot. The land included in the application may
consist of more than one parcel, but all parcels must lie entirely within the EP District.
The process shall conform to the requirements of law and Sections 7.3.1, 7.3.3 and
7.3.4.
4.11.5 Conditions Requirements and Standards:
The CPDC may grant a special permit to use a parcel within the EP District for
an employee parking lot provided all of the following conditions are met to the
satisfaction of the CPDC:
4
a. The land must be void of any buildings both at the time when application is
made for the special permit and during such time as the lot is used as an
.employee parking lot. The employee off-site parking lot must have at least
sixty feet of frontage on a public way and vehicular access to that lot must be
exclusively over that frontage with the driveway opening being within 100 feet
of the Downtown Business B District (principally traversed by Main and Haven
Streets) Boundary.
b. The finished employee parking lot shall provide for surface or below ground
parking and shall not contain any above ground parking structures.
C. The lot must be within 300 feet distance from the business use that it serves.
The CPDC shall impose conditions in any special permit to prevent the lot
from being used by persons other than the employees of the business
identified as the user of the lot without permission from the CPDC and may
establish a monitoring system at the expense of the parcel owner to assure
compliance.
d. The CPDC may limit the number of parking spaces to 35 parking spaces per
EPL or may limit the number of parking spaces to a lesser number if the EPL
cannot reasonably and safely accommodate more spaces in the judgment of
the CPDC.
e. Parking on an employee parking lot cannot be used to meet any applicable
zoning on=site minimum parking requirements of the business that it serves,
but this shall not preclude a business from utilizing the provisions of Section
6.1.1.1. if the business otherwise qualifies to use Section 6.1.1.1.
The parking lot shall be used only during the hours when the business that it
serves is operating. Additional hours of use to be determined by CPDC during
special permit process.
g. Any lighting shall be controlled and directed so as not to shine into abutting
property and shall be limited as to design and intensity to the satisfaction of
the CPDC. Lot lighting will be. turned off not later than the earlier of (i) 9:00
p.m. or (ii) when there are no employees working at the business that. is using
the lot closes.
h. The entrance to the employee parking lot shall be gated to assure control as to
the use of the lot in a manner satisfactory to the CPDC.
The parking lot design shall be subject to site plan review by the Community
Planning and Development Commission, which process may be held
concurrently with the special permit process.
The CPDC shall impose proper and adequate fencing or vegetative screening
from abutting residential ,property.
Conditions shall be imposed to assure the ongoing maintenance and cleaning
of the lot.
I. Furthermore, the business granted rights for off-street parking must demonstrate
active participation in the Town Transit non-profit as part of special permit
conditions.
M. Furthermore, the business granted rights. for off-street parking must demonstrate
that their employee parking requirements (i.e., total number of spaces allocated
to employees by all means in town) be less than 90% of. total business
employee parking requirements (the total number of spaces if all employees
drove to work separately).
The CPDC may impose additional conditions and limitations in the special
permit that it deems appropriate to accomplish the purposes of this by-law.
Or take any other action with respect thereto
Community Planning and Development Commission
ARTICLE 7 To see if the Town will vote to amend the Reading Zoning Map to
include within the Employee Parking Overlay District two parcels of land shown as
parcels numbered 21 and 21a on Reading Assessors' Map 64, which land is situated on
the Westerly side of Sanborn Street, in said Reading and being shown as Lot No. 48 on
a plan of land in Reading, surveyed by Edward Appleton for Rev. Peter Sanborn, dated
April 1846. One of said lots is bounded and described as follows:
Beginning at the Southeasterly corner thereof on said Sanborn Street; thence the
boundary line runs:
WESTERLY by land now or formerly of John A. Blunt, one hundred thirty- two (132) feet;
thence
NORTHERLY by land now or formerly of Mitchell, eighty-two and one-half (82 '/z) feet;
thence
EASTERLY by land of Dow, one hundred thirty-two (132) feet to Sanborn Street; and
thence by said Sanborn Street, eighty-two and one-half (82 '/2) feet to the point of
beginning.
The other parcel of land is also situated on the westerly side of said Sanborn Street,
abuts the first parcel, and is bounded and described as follows:
Beginning at an iron pipe on the Westerly side of Sanborn Street, at land now or formerly
of Fred G. Fifield; thence the line runs:
WESTERLY by land of said Fifield, one hundred thirty-four and 8/10 (134.8) feet; thence
SOUTHERLY by land of Jacob Mitchell, ten (10) feet; thence
EASTERLY by land now or formerly of Zelia M. Kingman, one hundred thirty-four and
14/100 (134.14) feet; thence
NORTHERLY by Sanborn Street, ten (10) feet to the point of beginning.
6
Said premises are shown as lot one on a "plan of Lots in Reading, Mass. belonging to
I Zelia M. Kingman", dated September 1916 by Clarence P. Carter, C.E., which plan is
recorded in the Middlesex South District Registry of Deeds at the end of record Book
49.88.
Or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 8 To see if the Town will vote to amend the Reading Zoning By-
Laws involving Planned Unit Development-Business (PUD-B), as follows.
To add language to the end of Section 4.9.7.4.2.c so that it now reads:
Parking/Loading. The parking and loading requirements contained in Section 6.1.1.3
shall apply. Parking spaces shall be at least 8.5 by 18 feet, with provision for larger
spaces as required by the CPDC to accommodate short term parking, handicapped and
larger vehicles. No parking shall be situated between the front of the building and the
front lot line in a PUD-B development.
To add language as a new subsection "I" in Section 4.9.5.6.3:
1. Because parking is not allowed in front of the building in a PUD-B development,
the CPDC may allow, building signage on both the front wall and on the wall of
the building facing the parking lot.
Or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 9 To see if the Town will vote to amend the Reading Zoning Map to.
include within the Planned Unit Development-Business (PUD-B) Overlay District a parcel
of land shown as parcel number 14a on Reading Assessors' Map 11, which parcel is
shown as Lot One (1) on a plan entitled, "Subdivision of Land in Reading, Mass. For
Antonio J. and Alma V. Tambone," Dana F. Perkins and Sons, Inc. Civil Engineers and,
Surveyors, Reading, Mass. Dated April 11, 1955 and recorded in Middlesex South
District Registry of Deeds in Book 8480, Page 359, and is further bounded and
described as follows:
SOUTHERLY: by South Street as shown on said plan eighty (80) feet;
EASTERLY: by Lot 2 as shown on said plan and by land of Antonio J. Tambone and
Alma V. Tambone as shown on said plan one hundred and forty-seven and 70/100
(147.70) feet;
NORTHERLY: by land of Antonio J. Tambone and Alma V. Tambone and by land of Ten
Hill Plumbing and Heating Co., Inc. as shown on said plan fifty-seven and 13/100 (57.13)
feet; and
7
WESTERLY: by land of Edward and Florence. E. McIntire as. shown on said plan one
hundred forty-seven and 00/100 (147.00) feet.
Containing 10,000 square feet of land more or less according to said plan.
Or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 10 To see if the Town will vote to amend Zoning By-Laws Sections
4.9.6.2.h and 4:9.6.10 as follows:
4.9.6.2.h To encourage and promote the establishment of those uses permitted in
Section 4.9.6.2(b) within portions of a PUD-R district that are within 300
feet of a Town boundary, no two-family dwellings, or multifamily dwellings
shall be built pursuant to a PUD-R Special Permit on land that is within
300 feet of a Town boundary for a period of four years after the adoption
of the Zoning By-Law placing such land within the PUD-R Overlay
District.
4.9.6.10 . Affordable Housin
The intent of this section is to increase the supply of housing in the Town
of Reading that is available to and affordable by low and moderate income households
and to encourage a greater diversity of housing accommodations to meet the needs of
the Town and to develop and maintain a satisfactory proportion of the Town's housing
stock as affordable housing.
Any PUD-R development shall provide within the Town of Reading, .affordable housing
units equal to ten percent of the total residential units in the PUD-R. For property within
300' of the municipal boundary if developed residentially, requisite affordable units shall
be equal to twenty percent of the total residential units in this area. When the percentage
calculation does not result in a whole number it shall be rounded to the nearest whole
number.
Or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 11 To see if the Town will vote to amend Article 3 of the. General
Bylaws, Town Offices and Officers, Section 3.4 Finance Committee, by inserting at the
end of Section 3.4.6 the following sentence:
This provision shall not apply to the appointment of a Finance Committee
member to serve as a member of any ad hoc board, commission or committee in the
Town of Reading or to any. board, commission or committee upon which a member of
the Finance Committee shall serve in an ex officio capacity.
Or take any other action with respect thereto
Board of Selectmen
ARTICLE 12 To see if the Town will rescind 'the entirety of Section 5.10 of
General Bylaws of the Town of Reading, and replace it with the following:
5.10 Retail Sales
5.10.1 No retail, commercial operation or place of business shall be open for
the transaction of retail business between the hours of 12:01 a.m. and
6:00 a.m.
5.10.2 This Bylaw shall not apply to the retail or commercial operation of
facilities operated by innholders and/or common victualers and/or
taverns where a license has been duly issued for the operation of the
same which otherwise restricts or describes the hours of operation of
such facilities. This Bylaw shall not prevent a cinema from concluding
the showing of a movie that has commenced prior to 12:01 a.m.
5.10.3 For the purposes of this Bylaw, facilities operated by innholders shall
include, but not be limited to: an inn, hotel, motel, lodging house and
public lodging house or any other similar establishment for which a
license is required under Chapter 140 of the General Laws; the term
facilities operated by a common victualler shall include a restaurant and
any other similar establishment which provides food at retail for
strangers and travelers for which a common victualler's license is
required under said Chapter; and the term "tavern" shall include an
establishment where alcoholic beverages may be sold with or without
food in accordance with the provisions of Chapter 138 of the General
Laws.
5.10.4 If the Board of Selectmen determine that it is in the interest of public
health, safety and welfare, or that public necessity or convenience
would be served, the Board of Selectmen may grant, upon such terms
and conditions as it deems appropriate, a license under this bylaw to
permit the operation of a retail or commercial establishment between
the.hours of 12:01 a.m. and 6:00 a.m. or any portion. thereof. However,
a license shall not be issued unless the Board of Selectmen has made
the following specific findings with respect to each license application:
(a) That the operation of the retail or commercial establishment during
the night-time hours will not cause unreasonable disruption or
disturbance to, or otherwise adversely affect, the customary
character of any adjacent or nearby residential neighborhood;
(b) That the operation of the retail or commercial establishment during
the night-time hours is reasonably necessary to serve the public
health, safety and welfare; or serve a public need or provide a
public convenience which outweighs any increase in any of the
following impacts on the adjacent or nearby residential
neighborhood (or the character thereof): noise, lighting, vibration,
traffic congestion or volume of pedestrian or vehicular retail
customer traffic that might create a risk to pedestrian or vehicular
safety, or other adverse public safety impact.
The Board of Selectmen may adopt rules and regulations to govern the
administration of the licensing process and in so doing may impose such
terms and conditions upon such license as it may consider appropriate.
5.10.5 The Board of Selectmen shall give public notice of any request whereby
a retail or commercial operation or place of business seeks to be open for
the transaction of retail business between the hours of 12:01 a.m. and
6:00 a.m. or any portion thereof and shall hold a public hearing within
thirty (30) days of receipt of any such request.
5.10.6 Any person violating any of the provisions of this Bylaw shall be punished
by a fine of not more than Three Hundred Dollars ($300.00) for each
offense, and in the case of continuing violation, every calendar day upon
which such retail, or commercial operation or place of business shall
remain open for retail business in violation of this Bylaw shall be
considered a separate offense.
Or take any other action with respect thereto.
Board of Selectmen
10
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
- February 26, 2007, the date set for the meeting in said Warrant, and to publish this
Warrant in a newspaper published in the Town, or providing in a manner such as
electronic submission, holding for pickup or mailing, an attested copy of said Warrant to
each Town Meeting Member.
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 30th day of January, 2007.
Ben Tafoya, airm
James E. Bonazoli, Vice Chairman
Stephen A. Goldy, Secretary ;
i'
- r
' e W. Anthony'f
ptw~ W
Richard W. Schubert
SELECTMEN OF READING
6
Alafi W. Ulrich, Constable
11
SPECIAL TOWN MEETING
Reading Memorial High School February 26, 2007
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:55 p.m., there being a
quorum present. The meeting was delayed due to audio difficulties. The Invocation was given
by Philip B. Pacino, Precinct 5, followed by the Pledge of Allegiance to the Flag.
The Warrant was partially read by the Town Clerk, Cheryl A. Johnson, when on motion by Ben
Tafoya, Chairman of the Board of Selectmen, it was voted to dispense with further reading of the
Warrant except for the Officer's Return, which was read by the Town Clerk.
Town Moderator introduced the new Assistant Town Clerk, Julie Rodger.
ARTICLE 1 - On motion by Ben Tafoya, Chairman of the Board of Selectmen, it was voted to
table the subject matter of Article 1.
ARTICLE 2 - On motion by Richard W. Schubert, member of the Board of Selectmen, it was
voted to table the subject matter of Article 2.
ARTICLE 3 - On motion by Stephen Goldy, member of the Board of Selectmen, it was voted to
amend the FY 2007 - FY 2011 Capital Improvements Program as provided for in Section 7-7 of
the Reading Home Rule Charter, and as previously amended by adding the following three
projects:
• FN 004 - Technology Wide Area Network - $25,000.
• PW-R 004 - Sidewalk/curb/pedestrian safety - Franklin sidewalks - $325,000 from Grant.
• PW-W-001 - MWRA Water Interconnect - $720,000.
ARTICLE 4 - On motion by Camille W. Anthony, member of the Board of Selectmen, it was
voted to amend the following votes taken under Article 15 of the Warrant of the Annual Town
Meeting of April 24, 2006, as amended under Article 5 of the November 13, 2006 Subsequent
Town Meeting, and that the Town vote to appropriate from tax levy, state aid and non-property
tax local receipts or transfer from available funds as noted, as the result of any such amended
votes for the operation of the Town and its government:
Account
Wages & Expenses
Decrease
Increase
E5
Public Safety/Dispatch Salaries - fund a
$9,000
additional dispatcher position for the remainder o
FY07
J3
apital - School Building Improvements (Killa
$15,000
repairs)
~oof
J6
Capital - Town Technology (consultant for
$20,000
financial system)
J15
Capital - Wide Area Network (connect school
$25,000
buildings; provide security)
8
Benefits - Cover estimated benefits cost for
$4,000
osition described above
J12
Franklin Street sidewalks (grant)
$325,000
Net from Free Cash
Net from Grants
$ 73,000
$325,000
L4
DPW - Water Capital (MWRA Interconnection)
$720,000
L4
DPW - FY06 Water Capital from Article 15 0
April 25,2005 Town Meeting
($412,342.77)
4
DPW - FY04 Water Capital from Article 13 o n
April 28,2003 Town Meeting
($93,041.10)
L2
DPW - FY07 Water Expenses - Various
($200,616.13)
L4
DPW - FY07 Water Capital - Pumps
($14,000.00)
Net from Water Reserves
$ 0
CPDC Report
The CPDC voted 3-1-0 to recommend Article 5 to Town Meeting. This article was
generated as an alternative to Articles 6 & 7 also before you at this town meeting.
Although the CPDC too was concerned with the process by which this article was vetted
in the public (we are extremely sensitive to providing ample time for public debate
before rendering a decision), the only negative vote on the board was concerned with
the "low value" land use represented by a parking lot. Those voting in the affirmative
cited reasons including:
(1) The parking need will.not be solved with one silver bullet, a number of
approaches are needed.
(2) Although the Parking Ad Hoc is working feverously on recommendations,
including near term ideas, we expect that many will take significant time and
resources before they can be fully realized.
(3) This particular article removes the risk of other properties in the downtown being
subject to the parking overlay
(4) From a planning perspective, use of the site for parking lot is an acceptable land
use in this situation.
We would like to be clear that adding this property to the downtown business-13 district
will provide the owner with the opportunity to use it as such either now and in the
future. However, we firmly believe in the bank's commitment that it will in fact be a
parking lot, and finally that any such use will be subject to a site plan review by CPDC.
ARTICLE 5 - On motion by Ben Tafoya, Chairman of the Board of Selectmen, it was moved to
amend the Reading Zoning Map to include within the Business B and Mixed Use Zoning
Districts a parcel of land currently within the S 15 Zoning District shown as parcel number 21 on
Reading Assessor's Map 64, which land is situated on the Westerly side of Sanborn Street, in
Reading.
- 2 - Special Town Meeting
February 26, 2007
On motion by John A. Lippitt, Precinct 7, it was voted to move the question.
2/3 vote required
116 voted in the affirmative
16 voted in the negative
On original motion:
2/3 vote required
108 voted in the affirmative
23 voted in the negative
On motion by William C. Brown, Precinct 8, it was moved to adjourn at 10:55 p.m. to meet at
7:30 p.m. at the new Reading Memorial High School Performing Arts Center, on Thursday,
March 1, 2007.
148 Town Meeting Members were present.
A true copy. Attest: Cheryl . Johnso
Town lerk
-3 - Special Town Meeting
February 26, 2007
SPECIAL TOWN MEETING
Reading Memorial High School March 1, 2007
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:43 p.m., there being a
quorum present.. The Invocation was given by Mary Ellen O'Neill followed by the Pledge of
Allegiance to the Flag.
Moderator, Alan E. Foulds, acknowledged that Thomas Ryan, Precinct 1, has stepped down after
serving 36 consecutive years as a Town Meeting member.
ARTICLE 6 - On motion by Jonathan E. Barnes, member of the Community Planning and
Development Commission, it was voted to table the subject matter of Article 6.
ARTICLE 7 - On motion by Jonathan E. Barnes, member of the Community Planning and
Development Commission, it was voted to table the subject matter of Article 7.
ARTICLE 8 - On motion by Jonathan E. Barnes, member of the Community Planning and
Development Commission, it was voted to amend the Reading Zoning By-Laws involving
Planned Unit Development-Business (PUD-B), as follows.
To add language to the end of Section 4.9.7.4.2.c so that it now reads:
Parking/Loading. The parking and loading requirements contained in Section 6.1.1.3 shall
apply. Parking spaces shall be at least 8.5 by 18 feet, with provision for larger spaces as required
by the CPDC to accommodate short term parking, handicapped and larger vehicles. No parking
shall be situated between the front of the building and the front lot line in a PUD-B development.
To add language as a new subsection "1" in Section 4.9.5.6.3:
1. Because parking is not allowed in front of the building in a PUD-B development, the
CPDC may allow building signage on both the front wall and on the wall of the building
facing the parking lot.
2/3 vote required
108 voted in the affirmative
7 voted in the negative
ARTICLE 9 - On motion by Jonathan E. Barnes, member of the Community Planning and
Development Commission, it was voted to amend the Reading Zoning Map to include within the
Planned Unit Development-Business (PUD-B) Overlay District a parcel of land shown as parcel
number 14a on Reading Assessors' Map 11, which parcel is shown as Lot One (1) on a plan
entitled, "Subdivision of Land in Reading, Mass. For Antonio J. and Alma V. Tambone," Dana
F. Perkins and Sons, Inc. Civil Engineers and Surveyors, Reading, Mass. Dated April 11, 1955
and recorded in Middlesex South District Registry of Deeds in Book 8480, Page 359, and is
further bounded and described as follows:
SOUTHERLY: by South Street as shown on said plan eighty (80) feet;
EASTERLY: by Lot 2 as shown on said plan and by land of Antonio J. Tambone and Alma V.
Tambone as shown on said plan one hundred and forty-seven and 70/100 (147.70) feet;
NORTHERLY: by land of Antonio J. Tambone and Alma V. Tambone and by land of Ten Hill
Plumbing and Heating Co., Inc. as shown on said.plan fifty-seven and 13/100 (57.13) feet; and
WESTERLY: by land of Edward and Florence E. McIntire as shown on said plan one hundred
forty-seven and 00/100 (147.00) feet.
Containing 10,000 square feet of land more or less according to said plan.
2/3 vote required
92 voted in the affirmative
26 voted in the negative
ARTICLE 10 - On motion by Jonathan E. Barnes, member of the Community Planning and
Development Commission, it was voted to table the subject matter of Article 10.
ARTICLE 11 - On motion by Ben Tafoya, Chairman of the Board of Selectmen, it was voted to
amend Article 3 of the General Bylaws, Town Offices and Officers, Section 3.4 Finance
Committee, by inserting at the end of Section 3.4.6 the following sentence:
This provision shall not apply to the appointment of a Finance Committee member to
serve as a member of any ad hoc board, commission or committee in the Town of Reading or to
any board, commission or committee upon which a member of the Finance Committee shall
serve in an ex officio capacity.
Moderator, Alan E. Foulds, had Paul Dustin step in as Moderator for Article 12 to avoid any
potential conflict of interests. Alan Foulds wife owns and runs a coffee shop on Haven Street.
ARTICLE 12 - On motion by James E. Bonazoli, Vice Chairman of the Board of Selectmen, it
was voted to rescind the entirety of Section 5.10 of General Bylaws of the Town of Reading, and
replace it with the following:
5.10 Retail Sales
5.10.1 No retail, commercial operation or place of business shall be open for the
transaction of retail business between the hours of 12:01 a.m, and 6:00 a.m.
5.10.2 This Bylaw shall not apply to the retail or commercial operation of facilities
operated by innholders and/or common victualers and/or taverns where a
license has been duly issued for the operation of the same which otherwise
restricts or describes the hours of operation of such facilities. This Bylaw shall
not prevent a cinema from concluding the showing of a movie that has
commenced prior to 12:01 a.m.
5.10.3 For the purposes of this Bylaw, facilities operated by innholders shall include,
but not be limited to: an inn, hotel, motel, lodging house and public lodging
-2- Special Town Meeting
March 1, 2007
house or any other similar establishment for which a license is required under
Chapter 140 of the General Laws; the term facilities operated by a common
victualler shall include a restaurant and any other similar establishment which
provides food at retail for strangers and travelers for which a common
victualler's license is required under said Chapter; and the term "tavern" shall
include an establishment where alcoholic beverages may be sold with or
without food in accordance with the provisions of Chapter 138 of the General
Laws.
5.10.4 If the Board of Selectmen determine that it is in the interest of public health,
safety and welfare, or that public necessity or convenience would be served, the
Board of Selectmen may grant, upon such terms and conditions as it deems
appropriate, a license under this bylaw to permit the operation of a retail or
commercial establishment between the hours of 12:01 a.m. and 6:00 a.m. or any
portion thereof. However, a license shall not be issued unless the Board of
Selectmen has made the following specific findings with respect to each license
application:
5.10.4.1 That the operation of the retail or commercial establishment during the
night-time hours will not cause unreasonable disruption or disturbance
to, or otherwise adversely affect, the customary character of any
adjacent or nearby residential neighborhood;
5.10.4.2 That the operation of the retail or commercial establishment during the
night-time hours is reasonably necessary to serve the public health,
safety and welfare; or serve a public need or provide a public
convenience which outweighs any increase in any of the following
impacts on the adjacent or nearby residential neighborhood (or the
character thereof): noise, lighting, vibration, traffic congestion or
volume of pedestrian or vehicular retail customer traffic that might
create a risk to pedestrian or vehicular safety, or other adverse public
safety impact.
The Board of Selectmen may adopt rules and regulations to govern the
administration of the licensing process and in so doing may impose such terms
and conditions upon such license as it may consider appropriate.
5.10.5 The Board of Selectmen shall give public notice of the initial request whereby a
retail or commercial operation or place of business seeks to be open for the
transaction of retail business between the hours of 12:01 a.m. and 6:00 a.m. or any
portion thereof and shall hold a public hearing on the initial request within thirty
(30) days of receipt of any such request. The Board may determine annually
whether a public hearing will be required on an ap lp ication to renew the annual
gpproval of a business to be open between the hours of 12:01 am and 6:00 am.
-3- Special Town Meeting
March 1, 2007
5.10.6 Any person violating any of the provisions of this Bylaw shall be punished by a
fine of not more than Three Hundred Dollars ($300.00) for each offense, and in
the case of continuing violation, every calendar day upon which such retail, or
commercial operation or place of business shall remain open for retail business in
violation of this Bylaw shall be considered a separate offense.
NOTE - The underlined language is to emphasize changes from the initial Warrant Article and is
not to be included in final text.
On motion by Ben Tafoya, Chairman of the Board of Selectmen, it was moved that this Special
Town Meeting stand adjourned sine die.
Meeting adjourned at 8:55 p.m.
129 Town Meeting Members were present.
l
A true copy. Attest: Cheryl' John n
Town C erk
-4- Special Town Meeting
March 1, 2007