HomeMy WebLinkAbout2004-11-08 Subsequent Town Meeting MinutesCOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on October 13, 2004 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 November 8, 2004,
the date set for the Subsequent 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 October 13, 2004.
A W. Ulrich, Cons a le
A true copy. Attest:
4Aeryl Johnson, 7 wn Clerk
SUBSEQUENT TOWN MEETING
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and
Town affairs, to meet in the IMAX Theater at Jordan's Furniture Store, 50 Walkers
Brook Drive, Reading, Massachusetts, November 8, 2004, at seven-thirty o'clock in the
evening, at which time and place the following articles are to be acted upon and
determined exclusively by Town Meeting Members in accordance with the provisions of
the Reading Home Rule Charter. Additional sessions of Town Meeting after November
8, 2004, will take place at Reading Memorial High School Auditorium, 62 Oakland Road,
Reading, Massachusetts.
ARTICLE 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 2005 - FY 2014,
Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule
Charter, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 4 To see if the Town will vote to authorize the payment during Fiscal
Year 2005 of bills remaining unpaid for previous fiscal years for goods and services
actually rendered to the Town, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 5 To see if the Town will vote to amend one or more of the. votes
taken under Article 19 of the April 26, 2004 Annual Town Meeting relating to the Fiscal
Year 2005 Municipal Budget, and see what sum the Town will raise by borrowing or
transfer from available funds, or otherwise, and appropriate 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
ARTICLE 6 To see what sum the Town will raise from the tax levy, or transfer
from available funds, or otherwise, and appropriate into the Stabilization Fund as
authorized under Section 5B of Massachusetts General Laws Chapter 40 of the
Massachusetts General Laws, or take any other action with respect thereto
Finance Committee
ARTICLE 7 To see what sum the Town will vote to establish a revolving fund
under Chapter 44, Section 53EY2 for any or all of the following purposes:
Using the receipts generated from the issuance of Building, Plumbing or Gas, and Wiring
and other permits for the Archstone Development and/or the Johnson Woods
Development to pay the costs of legal expenses, oversight and inspection, plan review,
initial property value appraisal and appeals, and general management of the Community
Services operations related to that development; and to pay for related expenditures,
said expenditures to be administered by the Town Manager, and to determine the total
amount of expenditures during Fiscal Year 2005 which may be made from each such
fund, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 8 To see if the Town will vote to appropriate the sum of $25,000
which represents the performance guarantee for the construction of sidewalks, curbing,
and finish course of pavement on Pierce Street, as provided through a tripartite
agreement between the Town of Reading, Gerald E. Welch Inc, and the Danvers
Savings Bank, said performance guarantee having been taken by the Community
Planning and Development Commission on July 14, 2004, for lack of performance of the
guaranteed work, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 9 To see if the Town will vote to appropriate contributions from all or
any one of the following or other developers:
♦ Walkers Brook Crossing for neighborhood street improvements; MWRA
Buy-in, and sewer Inflow/Infiltration
♦ Johnson Farms for curb and sidewalk, traffic design, street improvements,
water system improvements, MWRA buy-in, and sewer Inflow/Infiltration
♦ Maplewood Village for trail improvements
♦ Archstone Development for MWRA buy-in, and sewer Inflow/Infiltration'
For purposes described, or any other lawful and related improvements as approved by
the Town Manager, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 10 To see what sum the Town will raise by borrowing, or from the tax
levy, or transfer from available funds, or otherwise, and appropriate pursuant to Chapter
44 Section 7(L) of the Massachusetts General Laws for reconstructing surface drains,
sewers and sewerage systems, including the cost of consulting engineering services,
designs, plans, contracts, specifications, equipment, inspection fees, contingencies and
related facilities and expenses related thereto and necessary in connection therewith,
said sum to be spent under the direction of the Town Manager; and to see if the Town
will vote to authorize the Town Manager or any other agency to file an application(s) for
a grant or grants to be used to defray all or any part of said sewer construction and/or
reconstruction and related matters; and to see if the Town will vote to authorize the
Town Manager to enter into any or all agreements as may be necessary to carry out the
purpose of this Article, including but not limited to, the applications and acceptance of a
grant and a non-interest bearing loan from the Massachusetts Water Resources
Authority, and to authorize the Treasurer-Collector, with the approval of the Board of
Selectmen, to borrow pursuant to said loan, or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 11 To see what sum the Town will raise by borrowing, or transfer
from available funds, or otherwise, and appropriate pursuant to Chapter 44 Section 8(5)
of the Massachusetts General Laws for the purpose of constructing a replacement of the
water main on West Street extending approximately from County Road to Willow Street,
including the cost of engineering services, plans, documents, cost estimates, bidding
services and all related expenses incidental thereto and necessary in connection
therewith, said sum to be expended by and under the direction of the Town Manager;
and to see if the Town will authorize the Board of Selectmen, the Town Manager, or any
other agency of the Town, to apply for a grant or grants, to be used to defray the cost of
all, or any part of, said water system improvements; and to authorize the Town Manager
to enter into any and all contracts and agreements as may be necessary to carry out the
purposes of this Article, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 12 To see what sum the Town will raise by borrowing, or transfer
from available funds, or otherwise, and appropriate pursuant to Chapter 44 Section 8(5)
of the Massachusetts General Laws for the purpose of constructing a replacement of the
water main on Franklin Street extending approximately from Main Street to Haverhill
Street, including the cost of engineering services, plans, documents, cost estimates,
bidding services and all related expenses incidental thereto and necessary in connection
therewith, said sum to be expended by and under the direction of the Town Manager;
and to see if the Town will authorize the Board of Selectmen, the Town Manager, or any
other agency of the Town, to apply for a grant or grants, to be used to defray the cost of
all, or any part of, said water system improvements; and to authorize the Town Manager
to enter into any and all contracts and agreements as may be necessary to carry out the
purposes of this Article, or take any other action with respect thereto.
Board of Selectmen -
ARTICLE 13 To see what sum the Town will raise by borrowing, whether in
anticipation of reimbursement from the State under Chapter 44, Section 6,
Massachusetts General Laws, or pursuant to any other enabling authority or from the tax
levy, or transfer from available funds, or otherwise, for highway projects in accordance
with Chapter 90, Massachusetts General Laws, or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 14 To see if the Town will vote to accept one or more gifts to be
administered by the Commissioners of Trust Funds, such gifts to be used for the
purposes for which they are given to the Town, or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 15 To see if the Town will vote to authorize the Board of Selectmen to
file the following or similar legislation with the Great and General Court:
AN ACT AUTHORIZING THE CONSERVATION COMMISSION OF THE
TOWN OF READING TO GRANT CERTAIN EASEMENTS
Be it enacted by the Senate and House of Representatives in General Court assembled,
and by the authority of same, as follows:
Section 1. The Conservation Commission of the Town of Reading may grant to the
Board of Selectmen on behalf of the Town an easement in a certain parcel of
conservation land as shown on the Town of Reading Assessors Map 47, Parcel 4, for
access and utility purposes including the construction, maintenance and repair of sewer
pipes, water, and drainage pipes, a sewer pumping station and appurtenances thereto.
Section 2. The Conservation Commission of the Town of Reading may grant to
Timothy F. Leary and Barbara Leary, their heirs, successors and assigns, a permanent
easement over a certain parcel of conservation land as shown on the Town of Reading
Assessors Map 47, Parcel 4, the easement being approximately 540 feet in length and
approximately 60 feet wide, for access by foot and by vehicle, to one single-family
dwelling located at 113 Longwood Road and identified on the Reading Assessors Map
58, Parcel 5 and for underground and above ground utility connections only, and for no
other purpose. This easement is for residential purposes only. The Conservation
Commission may convey this easement upon such other terms and conditions as it
deems appropriate to protect its interest in the parcel of land.
Section 3. The Conservation Commission of the Town of Reading may grant to
Louis Peterson, his heirs, successors and assigns, a permanent easement over a
certain parcel of conservation land, as shown on the Town of Reading Assessors Map
47, Parcel 4, the easement being approximately 420 feet in length and approximately 40
feet wide, for access by foot and by vehicle, to one single-family dwelling located at 111
Longwood Road, identified on the Town of Reading Assessors Map 58, Parcel 10 and
for underground and above ground utility and drainage connections only, and for no
other purpose. This easement is for residential purposes only. The Conservation
Commission may convey this easement upon such other terms and conditions as it
deems appropriate to protect its interests in the parcel of land. I
Section 4. The Conservation Commission of the Town of Reading may grant to
Johnson Woods Realty Corp., its heirs, successors and assigns, a permanent easement
over a certain parcel of conservation land, as shown on the Town of Reading Assessors
Map 47, Parcel 4, the easement being approximately 300 feet in length and
approximately 30 feet wide, for access by foot and by vehicle, to one single-family
dwelling to be located at the southern end of a parcel of land identified on the Reading
Assessors Map 58, Parcel 4 and for underground and above ground utility and drainage
connections only, and for no other purpose. This easement is for residential purposes
only. The Conservation Commission may convey this easement upon such other terms
and conditions as it deems appropriate to protect its interests in the parcel of land.
Section 5. This act shall take effect upon its passage.
And, to see if the town will vote pursuant to M.G.L. Chapter 40, §15A, to authorize the
Conservation Commission to convey easements over a certain parcel of conservation
land shown on the Town of Reading Assessors Map 47, Parcel 4, upon the terms and
conditions contained in the special legislation together with any other terms and
conditions it deems appropriate to protect its interest in the parcel of land which authority
is specifically conditioned upon the passage of the above special legislation, or to take
any action relative thereto,
or take any other action with respect thereto.
Conservation Commission
ARTICLE 16 To see if the Town will vote, pursuant to Mass. Gen. Laws c. 43B,
§10, and Article 8 Section 8-1 of the Reading Home Rule Charter ("Charter'), to amend
the Charter in accordance with the recommendations of the Charter Review Committee
which are attached to this warrant as Appendix 1 and which are incorporated by
reference into this article.
Board of Selectmen
ARTICLE 17 To see if the Town will vote to amend the General Bylaws of the
Town of Reading by adding the following language as Section 5.17:
The Town of Reading hereby establishes a Local Historic District, to be
administered by an Historic District Commission as provided for under Massachusetts
General Laws Chapter 40C, as amended.
1. PURPOSE
The purpose of this bylaw is to promote the economic, educational, cultural
and general welfare of the inhabitants of the Town of Reading through: (1) the
preservation and protection of the distinctive characteristics and architecture of
Buildings and places significant in the history of the Town of Reading; (2) maintaining
and improving of the settings of these Buildings and places; and (3) the
encouragement of building design compatible with the Buildings existing in the area,
so as to maintain the historic character of residences or commercial enterprises
which distinguish the town as a desirable community.
2. DEFINITIONS
The terms defined in this section shall be capitalized throughout this bylaw.
Where a defined term has not been capitalized, it is intended that the meaning of the
term be the same as the meaning ascribed to it in this section unless another
meaning is clearly intended by its context. As used in this bylaw the following terms
shall have the following meaning:
ALTERATION, TO ALTER
The act or the fact of rebuilding, reconstruction, restoration, replication, removal,
demolition, and other similar activities.
BUILDING
A combination of materials forming a shelter for persons, animals or property.
CERTIFICATE
A Certificate of Appropriateness, a Certificate of Non-Applicability, or a Certificate of
Hardship as set forth in this bylaw.
COMMISSION
The Historic District Commission as established in this bylaw.
CONSTRUCTION, TO CONSTRUCT
The act or the fact of building, erecting, installing, enlarging, moving and other similar
activities.
DISPLAY AREA
The total surface area of a sign, including all lettering, wording, designs, symbols,
background and frame, but not including any support Structure or bracing incidental
to the sign. The Display Area of an individual letter sign or irregular shaped sign shall
be the area of the smallest rectangle into which the letters or shape will fit. Where
sign faces are placed back to back and face in opposite directions, the Display Area
shall be defined as the area of one face of the sign.
DISTRICT
The Local Historic District as established in this bylaw consisting of one or more
District areas.
EXTERIOR ARCHITECTUAL FEATURE
Such portion of the exterior of a Building or structure as is open to view from a Public
Way or ways, including but not limited to architectural style and general arrangement
and setting thereof, the kind and texture of exterior building materials, and the type
and style of windows, doors, lights, signs and other appurtenant exterior fixtures.
PERSON AGGRIEVED
The applicant; an owner of adjoining property; an owner of property within the same
District area; an owner of property within 100 feet of said District area; and any legal
entity in which one of its purposes is the preservation of historic places, structures,
buildings or Districts.
PUBLIC WAY
This term shall include Public Ways, public streets, public parks, and public bodies of
water. The term "Public Way," however, shall not include a footpath, cart path or any
easement or right of way that does not constitute a Public Way or public street.
STRUCTURE
A combination of materials other than a Building.
TEMPORARY STRUCTURE or BUILDING
A Building not to be in existence for a period of more than two years. A Structure not
to be in existence for period of more than one year. The Commission may further
limit the time periods set forth herein as it deems appropriate.
3. DISTRICT
The District shall consist of one or more District areas as listed in Section
13 (Appendices) of this bylaw.
4. COMMISSION COMPOSITION AND APPOINTMENTS
4.1 The District shall be overseen by a Commission consisting of five (5)
members, to be appointed by the Board of Selectmen, one member initially to
be appointed for one year, two for two years, and two for three years, and
each successive appointment to be made for three years.
4.2 The Commission shall include, if possible, one member from one or more
nominees solicited from the Reading Antiquarian Society, one member from
one or more nominees solicited from the chapter of the American Institute of
Architects covering Reading; one member from one or more nominees from
the Board of Realtors covering Reading; one or two property owners from the
District area; one member nominated by the Reading Historical Commission.
If within thirty days after submission of a written request for nominees to any
of the organizations herein named insufficient nominations have been made,
the Board of Selectmen may proceed to make appointments as it desires.
4.3 The Board of Selectmen may appoint up to four alternate members to the
Commission. In the case of the absence, inability to act or unwillingness to
act because of self-interest on the part of a regular member of the
Commission, his or her place shall be taken by an alternate member
designated by the chairman. Said alternate members shall initially be
appointed for terms for one or two years, and for three year terms thereafter.
4.4 Each member and alternate member shall continue to serve in office after the
expiration date of his or her term until a successor is duly appointed.
4.5 Meetings of the Commission shall be held at the call of the Chairman, at the
request of two members and in such other manner as the Commission shall
determine in its Rules and Regulations.
4.6 Three members of the Commission shall constitute a quorum.
5. COMMISSION POWERS AND DUTIES
5.1 The Commission shall exercise its powers in administering and regulating the
Construction and Alteration of any Structures or Buildings within the District
as set forth under the procedures and criteria established in this bylaw. In
exercising its powers and duties hereunder, the Commission shall pay due
regard to the distinctive characteristics of each Building, Structure, and
District area.
5.2 The Commission may adopt, and from time to time amend, reasonable Rules
and Regulations not inconsistent with the provisions of this bylaw or M.G.L.
Chapter 40C, setting forth such forms and procedures as it deems desirable
and necessary for the regulation of its affairs and conduct of its business, -
including requirements for the contents and forms of applications for
Certificates, fees, hearing procedures and other matters. The Commission
shall file a copy of any rules and regulations with the office of the Town Clerk.
5.3 The Commission, after a public hearing duly posted and advertised at least
fourteen days in advance in a conspicuous place in Town Hall and in a
newspaper of general circulation in Reading, may adopt and from time to time
amend Guidelines which set forth the designs and descriptions for certain
exterior architectural features which are, in general, suitable for the issuance
of a Certificate to present other designs to the Commission for approval. No
such design guidelines shall limit the right of an applicant for a Certificate to
present other designs to the Commission for approval.
5.4 The Commission shall at the beginning of each fiscal year hold an
organizational meeting and elect a Chairman, a Vice Chairman and
Secretary, and file notice of such election with the office of the Town Clerk.
5.5 The Commission shall follow Town operating procedures for its keeping its
resolutions, transactions, decisions and determinations.
5.6 The Commission shall undertake educational efforts to explain to the public
and property owners the merits and functions of a District, to the extent that
time and appropriations allow.
6. ALTERATIONS AND CONSTRUCTION PROHIBITED WITHOUT A
CERTIFICATE
6.1 Except as this bylaw provides, no Building or Structure or part thereof within a
District shall be Constructed or Altered in any way that affects the exterior
architectural features as visible from a Public Way, unless the Commission
shall first have issued a Certificate with respect to such Construction or
Alteration.
6.2 No building permit for Construction of a Building or Structure or for Alteration
of an exterior architectural feature within a District and no demolition permit or
removal of. a Building or Structure within a District shall be issued by the
Town or any department thereof until a Certificate as required under this
bylaw has been issued by the Commission.
7. PROCEDURES FOR REVIEW OF APPLICATIONS
7.1 Any person who desires to obtain a Certificate from the Commission shall file
with the Commission an application for a Certificate of Appropriateness, or
Non-Applicability or of Hardship, as the case may be. The application shall be
accompanied by such plans, elevations, specifications, material and other
information, including in the case of demolition or removal, a statement of the
proposed condition and appearance of the property thereafter, as may be
reasonably deemed necessary by the Commission to enable it to make a
determination on the application. The Commission shall determine whether
said application involves any exterior architectural features which are within
the jurisdiction of the Commission.
7.2 The Commission shall determine within fourteen (14) days of receiving an
application for a Certificate whether said application involves any exterior
architectural features which are within the jurisdiction of the Commission.
7.3 If the Commission determines that an application for a Certificate does not
involve any exterior architectural features, or involves an exterior architectural
feature that is not subject to review by the Commission under the provisions
of this bylaw, the Commission shall forthwith issue a Certificate of Non-
Applicability.
7.4 If the Commission determines that such application involves any exterior
architectural feature subject to review under this bylaw, it shall hold a public
hearing on the application, except as may otherwise be provided in bylaw.
The Commission shall hold such a public hearing within forty-five (45) days
from the date of receiving the application. At least fourteen (14) days before
said hearing, notice shall be given by posting in a conspicuous place in Town
Hall and in a newspaper of general circulation in Reading. Concurrently, a
copy of said public notice shall be mailed to the applicant; to the owners of all
properties within 300 feet, and of other properties deemed by the
Commission to be materially affected thereby, all as they appear on the most
recent applicable tax list; to the Community Planning and Development
Committee; to the Historical Commission; to any person filing a written
request for notice of hearings, such request to be renewed yearly in
December; and to such other persons as the Commission shall deem entitled
to notice. The applicant is responsible for the costs of this mailing and
advertising.
7.4.1 A public hearing on an application for a Certificate may be waived if the
Commission determines that the exterior architectural feature involved, or its
category, is so insubstantial in its effect on the District that it may be reviewed
by the Commission without a public hearing. If the Commission dispenses
with a public hearing on application for a Certificate notice of such application
shall be given to the owners of all property within 300 feet and of other
property deemed by the Commission to be materially affected thereby as
above provided, and ten (10) days shall elapse after the mailing of such
notice before the Commission may act upon such application and after
considering any responses.
7.5 Within sixty (60) days after the filing of an application for a Certificate, or
within such further time as the applicant may allow in writing, the Commission
shall issue a Certificate or disapproval. In the case of a disapproval of an
application for a Certificate, the Commission shall set forth in writing the
reasons for such disapproval. The Commission may include in its disapproval
specific recommendations for changes in the applicant's proposal with
respect to the appropriateness of design, arrangement, texture, material and
similar features which, if made and filed with the Commission in a subsequent
application would make the application acceptable to the Commission.
7.6 The concurring vote of three (3) members shall be required to issue a
Certificate.
7.7 In issuing Certificates, the Commission may, as it deems appropriate, impose
certain conditions and limitations, and may require architectural or plan
modifications consistent with the intent and purpose of this bylaw and the
Commission's Guidelines.
7.8 If the Commission determines that the Construction or Alteration for which an
application for a Certificate of Appropriateness has been filed will be
appropriate for or compatible with the preservation or protection of the
District, the Commission shall issue a Certificate of Appropriateness.
7.9 If the Construction or Alteration for which an application for a Certificate of
Appropriateness has been filed shall be determined to be inappropriate and
therefore disapproved, or in the event of an application for a Certificate of
Hardship, the Commission shall determine whether, owing to the conditions
10
especially affecting the Building or Structure involved, but not affecting the
District generally, failure to approve an application will involve a substantial
hardship, financial or otherwise, to the applicant and whether such application
may be approved without substantial detriment to the public welfare and
without substantial derogation from the intent and purposes of this bylaw. If
the Commission determines that owing to such conditions failure to approve
an application will involve substantial hardship to the applicant and approval
thereof may be made without such substantial detriment or derogation, the
Commission shall issue a Certificate of Hardship.
7.10 The Commission shall send a copy of its disapprovals and Certificates,
including any conditions or limitations, to the applicant and shall file a copy of
its disapprovals and Certificates, including any conditions or limitations, with
the office of the Town Clerk and the Building inspector. The date of issuance
of a Certificate or disapproval shall be the date of the filing of a copy of such
Certificate or disapproval with the office of the Town Clerk.
7.11 If the Commission should fail to issue a Certificate or a disapproval within
sixty (60) days of the filing of the application for a Certificate, or within such
further time as the applicant may allow in writing, the Commission shall
thereupon issue a Certificate of Hardship due to failure to act.
7.12 Each Certificate issued by the Commission shall be dated and signed by its
chairman or such other person designated by the Commission to sign such
Certificates on its behalf.
7.13 A Person Aggrieved by a determination of the Commission may, within
twenty (20) days of the issuance of a Certificate or disapproval, file a written
request with the Commission for a review by a person or persons of
competence and experience in such matters, acting as arbitrator and
designated by the Boston Metropolitan Area Planning Agency. The finding of
the person or persons making such review shall be filed.with the Town Clerk
within forty-five (45) days after the request, and shall be binding on the
applicant and the Commission, unless a further appeal is sought in the
Superior Court as provided in Chapter 40C, Section 12A. The filing of such
further appeal shall occur within twenty (20) days after the finding of the
arbitrator has been filed with the office of the Town Clerk.
8. CRITERIA FOR DETERMINATIONS
8.1 In deliberating on applications for Certificates, the Commission shall consider,
among other things, the historic and architectural value and significance of
the site, Building or Structure; the general design, proportions, detailing,
mass, arrangement, texture, and material of the exterior architectural features
involved; and the relation of such exterior architectural features to similar
features of Buildings and Structure in the surrounding area. .
8.2 In the case of new Construction or additions to existing Buildings or
Structures, the Commission shall consider the appropriateness of the scale,
shape, siting and proportions of the Building or Structure both in relation to
the land area upon which the Building or Structure is situated and in relation
to Buildings and Structures in the vicinity. The Commission may in
appropriate cases impose dimensional and setback requirements in addition
to those required by applicable statue or bylaw.
8.3 The Commission shall not consider interior arrangement or architectural
features not subject to view from a Public Way.
11
8.4 The Commission shall not consider uses for the Building or Structure.
8.5 When ruling on 'applications for Certificates on solar energy systems as
defined in Section 1A of Chapter 40A, the Commission shall consider the
policy of the Commonwealth of Massachusetts to encourage the use of solar
energy systems and to protect solar access.
9. EXCLUSIONS
9.1 The Commission shall exclude from its purview the following:
9.1.1 Temporary Buildings, Structures, or signs, subject, however, to conditions
pertaining to the duration of existence and use, location, lighting, removal and
similar matters as the Commission may reasonably specify.
9.1.2 Terraces, walks, driveways, sidewalks and similar Structures, provided that
any such Structure is substantially at grade level.
9.1.3 Storm windows and doors, screen windows and doors, shutters, and window
and wall air conditioners.
9.1.4 The color of exterior paint or the color of materials used on roofs.
9.1.5 Flagpoles, sculpture, mailboxes (freestanding or attached), window boxes,
gutters and leaders, house numbers, and garden furniture.
9.1.6 Buildings that are less than 70 years old are exempt from review of
Alterations and additions, unless the Alterations affect more than 25 percent
of any fagade visible from a Public Way or unless any addition visible from a
public way increase such Buildings by more than 25 percent.
9.1.7 The reconstruction, substantially similar in exterior design, of a Building,
Structure, or exterior architectural feature damaged or destroyed by fire,
storm or other disaster, provided such reconstruction is begun within two
years thereafter and carried forward with due diligence.
9.2 Upon request the Commission shall issue a Certificate of Non-Applicability
with respect to Construction or Alteration in any category not subject to
review by the Commission in accordance with the above provisions.
9.3 Nothing in this bylaw shall be construed to prevent the ordinary maintenance,
repair or replacement of any exterior architectural feature within a District
which does not involve a change in design, material or the outward
appearance thereof, nor to prevent landscaping with plants, trees or shrubs,
nor construed to prevent the meeting of requirements certified by a duly
authorized public officer to be necessary for public safety because of an
unsafe or dangerous condition, nor construed to prevent any Construction or
Alteration. under a permit duly issued prior to the effective date of this bylaw.
10. CATEGORICAL APPROVAL
Additional Exclusions: Certain categories of exterior architectural features may be
Constructed or Altered without review by the Commission, provided such
Construction or Alteration do not substantially derogate the intent and purposes of
the District and of G.L. c.40C. The Commission may, upon conducting a public
hearing, exclude from its purview exterior architectural features, in addition to those
listed in Section 9.1, which it determines do not significantly impact the purpose of
the District.
12
11. ENFORCEMENT AND PENALTIES
11.1 The Commission shall determine whether a particular activity is in violation of
this bylaw, and the Commission shall be charged with the non-criminal
enforcement of this bylaw, and seeking civil enforcement under G.L. c.40C,
Section 12A, after obtaining the necessary authority to do so.
11.2 The Commission may designate the Building Inspector to pursue non-
criminal disposition under G.L. 40, Section 21 D, under direction of the
Commission.
11.3 The Commission, upon a written complaint of any resident of Reading, or
owner of property within Reading, or upon its own initiative, shall institute any
appropriate action or proceedings in the name of the Town of Reading to
prevent, correct, restrain or abate a violation of this bylaw. In the case where
the Commission is requested in writing to enforce this bylaw against any
person allegedly in violation of same and the Commission declines to act, the
Commission shall notify, in writing, the party requesting such enforcement of
any action or refusal to act and the reasons therefore, within twenty one (21)
days of receipt of such request.
11.4 Whoever violated any of the provisions of this bylaw shall be punishable for
each offense by a fine to be determined by the Commission in accordance
with the range of fines determined by MGL Chapter 40 C. Each day during
any proportion of which such violation continues to exist shall constitute a
separate offense.
12. VALIDITY AND SEPARABILITY
The provisions of this bylaw shall be deemed to be separable. If any of its
provisions, sections, subsections, sentences or clauses shall be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder of this bylaw
shall continue to be in full force and effect.
13. APPENDICES
Appendix 2: West Street Local Historic District
The West Street Local Historic District shall be a District area under this bylaw.
The location and boundaries of the West Street Local Historic District are defined and
shown on the Local Historic District Map of the Town of Reading, which is part of this
bylaw and shown as exhibit of district boundaries dated August 16, 2004. The
delineation of the District area boundaries is based on the parcel boundaries then in
existence and shown therein,
or take any other action with respect thereto.
Ad hoc West Street Historic District Study Committee
13
ARTICLE 18 To see if the Town will vote to amend the Zoning Bylaw of the _
Town of Reading by adding the following language to Section 4.3.3 the following
language:
4.3.3.12.1 Waiver of Site Plan
The Community Development and Planning Commission shall waive with or
without conditions the requirement for site plan review for the following reasons:
a. The construction, expansion or alteration only involves the interior renovation
of an existing space and the proposed changes will not result in an adverse
impact in the areas described in Section 4.3.3.5., or 4.3.3.6.
b. The proposed change in use is in the same use category and will not result in
an adverse impact in the areas described in Section 4.3.3.5., or 4.3.3.6.
C. The property has undergone site plan review and approval within the past 5
years and the proposed changes will not result in an adverse impact in the
areas described in Section 4.3.3.5 or 4.3.3.6.
If the Community Planning and Development Commission does not act within 30
days of receiving a complete waiver request, the waiver shall be. deemed granted, or
take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 19 To see if the Town will vote to amend the Zoning Bylaw of the
Town of Reading by adding the following language to Section 4.3.3 the following
language:
4.3.3.12.2 Waiver of Loading Zone Space Requirements
The CPDC may waive the requirements of 6.1.1.3 as to the number of loading
zone spaces, provided there is no adverse impact in the areas described in Section
4.3.3.6., or take any other action with respect thereto.
Community Planning and Development Commission
14
and you are directed to serve this Warrant by posting an attested copy thereof in at least
one (1) public place in each precinct of the Town not less than fourteen (14) days prior to
November 8, 2004, the date set for the meeting in said Warrant, and to publish this
Warrant in a newspaper published in the Town, or by mailing an attested copy of said
Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of
holding said meeting.
Hereof fail not and make due return of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said meeting.
Given under our hands this 215t day of September, 2004.
'VV
Richard W. Schubert, Chairman
Camille W. Anthony, Vice Chairman
Gail F. Wood, Secretary
or_~
j5xeph G. Duffy
G ge V. roes
SELECTMEN OF READING
Alan W. Ulrich, Cons a le
15
. APPENDIX I
READING HOME AIT'LE CHARTER.
Preamble
We, the people of Reading, in order to re-establish our individual sovereignty
with respect to the conduct of our local government and to take the fullest advantages
inherent in the Home Rule Amendment to the Constitution of the Commonwealth, do
hereby adopt the following Home Rule Charter for the Town of Reading.
Article 1
EXISTENCE AND AUTHORITY
Section 1-1: Incorporation
The inhabitants of the Town of Reading, within the territorial limits established
by law, shall continue to be a body corporate and politic under the name "Town of
Reading."
Section 1-2: Short Title
This instrument shall be known and may be cited as the Reading Home Rule
Charter.
Section 1-3: Division of Powers
The administration of all the fiscal, prudential and municipal affairs of the Town
shall be vested in an executive branch headed by a Board of Selectmen and a Town
Manager. All legislative powers of the Town shall be exercised by a representative Town
Meeting.
Section 1-4: Powers of the Town, Intent of the Voters
It is the intent and the purpose of the voters of the Town of Reading, through the
adoption of this Charter, to secure for the Town all of the powers possible to secure under
the Constitution and statutes of the Commonwealth, as fully and as completely as though
each such power were specifically and individually enumerated herein.
Section 1-5: Interpretation of Powers
The powers of the Town under the Charter shall be construed and interpreted
liberally in favor of the Town, and the specific mention of any particular power is not
intended to limit in any way the general powers of the Town as stated in Section 1-4.
Section 1-6: Intergovernmental Relations
The Town may enter into agreements with any other unit of government to
perform jointly or in cooperation, by contract or otherwise, any of its powers or
functions.
Reading Home Rule Charter 1 With all revisions through June, 2003
Article 2
REPRESENTATIVE TOWN MEETING
Section 2-1': Composition
The legislative body of the Town shall be a representative Town Meeting
consisting of one hundred ninety-two .(192).members from eight (8) precincts who shall
be elected to meet, deliberate, act and vote in the exercise of the corporate powers of the
Town.
Each precinct shall be equally represented in Town Meetings by members so
elected that the term of office of one-third of the members shall expire each year.
Section 2-2: Realignment of Precincts
When required by law or every ten (10) years, the Selectmen shall review and, if
necessary, redivide the territory of the Town into eight (8) plainly designated precincts.
The precincts shall be divided into as nearly an equal number of inhabitants as possible.
The territory of each precinct shall be continuous and as compact as possible. The
territory of each precinct shall be defined as near as possible by the center line of known
streets or other well--defined limits.
Within ten (10) days of any precinct. revision, the Selectmen shall file a report on
the revisions with the Town Clerk, the Registrars of Voters and the Assessors. The report
shall include a map(s) and a list of the inhabitants' names and addresses. The Selectmen
shall also post the map and list in the Town Hall and in at least one public place in each
precinct.
The revision shall be effective on the date it is filed with the Town Clerk, and the
Clerk shall notify the Secretary of State of the revision in writing.
Any townwide election shall be held at the same time in- for each precinct at a the
place or places designated by the Selectmen.
Section 2-3: Town Meeting Membership
The registered voters in every precinct shall elect Town Meeting Members in
accordance with all applicable election laws. Whenever any precincts are revised, the
registered voters shall elect twenty-four (24) Town Meeting Members to represent the
precinct. Terms of office shall be determined by the number of votes received. The eight
(8) candidates receiving the highest number of votes shall serve for three (3) years, the
eight (8) receiving the next highest number of votes shall serve for two (2) years, and the
next eight (8) candidates receiving the next highest number of votes shall serve for one
(1) year from the day of election.
In the event of a tie, ballot position shall determine the order of finish. At each
Annual Election thereafter, the registered voters in each precinct shall elect eight (8)
Town Meeting Members to represent the precinct, and shall also elect Town Meeting
Members to fill any vacant terms.
Reading Home Rule Charter 2 With all revisions through June, 2003
After the revision of precincts, the term of office of all Town Meeting Members
from the revised precincts shall cease upon the election of their successors. After each
election of Town Meeting Members, the Town Clerk shall notify each Town Meeting
Member of his election by mail.
In the event of a tie write-in vote for a vacant Town Meeting position, the position
shall be filled by a vote of the remaining Town Meeting Members of the precinct, from
the write-in candidates whose write-in votes were tied. The Town Clerk shall give notice
of the tie vote to the remaining Town Meeting Members of the precinct. The Town Clerk
shall set a time and place for a precinct meeting for the purpose of filling the vacancy.
The Town Clerk shall give notice of the meeting to precinct Town Meeting Members at
least seven (7) days in advance, and shall publish legal notice in a newspaper of general
circulation in the community. A vacant position filled in this manner shall be filled for
the entire remainder of the term.
[Special Legislation adopted as Chapter 57 of the Acts of 2002 on March 14, 20021
Section-2-4: Town Meetin Sessions
Amy All representative Town Meeting sessions held under the provisions of this
Charter shall be limited to the Town Meeting Members elected under Section 2-3,
together with the duly elected Moderator. The Town Clerk shall notify the Town Meeting
Members of the time and place at which representative Town Meetings sessions are to
be held, the notices to be sent by mail at least seven (7) days before the meeting. The
Town Meeting Members shall be the judges of the election and qualification of their
members. A majority of the Town Meeting Members shall constitute a quorum for doing
business. However, a smaller number may organize temporarily and may adjourn from
time to time, but no Town Meeting shall adjourn over the date of an election of Town
Meeting Members. All Town Meetings sessions shall be public.
Section 2-5: Nomination Procedures
Nomination of candidates for Town Meeting Member to be elected under this
Charter shall only be made by nomination papers bearing no political designation, and
signed by not less than ten (10) registered voters from the candidate's precinct.
Nomination papers must be filed with the Town Clerk at least twenty-eight (28) days
before the election and must be signed by the candidate to be valid..
Section 2-6: Vacancies
A Town Meeting Member may resign by filing a written notice with the Town
Clerk which shall take effect on the date filed. A Town Meeting Member who moves
from the Town shall cease to be a Town Meeting Member. A Town Meeting Member
who moves from the precinct from which he was elected to another precinct, may shall
serve only until the next Annual Town Election.
If any person elected as a Town Meeting Member fails to take his oath of office
within thirty (30) days following his notice of election, or fails to attend one-half or more
of the total Town Meeting sessions within one year preceding the most recent Annual
Town Election, his seat may be declared vacant by a majority vote of Town Meeting.
Reading Home Rule Charter 3 With all revisions through June, 2003
The Selectmen shall place an Article in the Annual Spring-Town Meeting
Warrant to
remove any such person. The Town Clerk must notify any such person that he may be
removed under this section at least seven (7) days in advance of the Annual Spry-Town
Meeting. Notice, shall be mailed to his last known address.
In the event of a tie write-in vote for a vacant Town Meeting position, the
position shall be filled by a vote of the remaining members of the precinct from the
write-in candidates whose write-in votes were tied. The Town Clerk shall give
notice of the tie vote to the remaining Town Meeting members of the precinct. The
Town Clerk shall set a time and place for a precinct meeting for the purpose of
filling the vacancy. The Town Clerk shall give notice to precinct Town Meeting
members at least 7 days in advance of the meeting, and shall also publish notice of
the meeting in a newspaper of general circulation in the community. A vacant
position filled in this manner shall be filled for the remainder of the term (Chapter
57 of the Acts of 2002)
Any vacancy of a Town Meeting seat-position may be filled until the next Annual
Town Election by'a vote of the remaining members of the precinct. The balance of any
unexpired term shall be filled at the next Annual Town Election. The Town Clerk shall
give notice of any vacancy to the remaining Town Meeting Members of the precinct.
The Town Clerk shall set a time and place for a precinct meeting for the purpose of
temporarily filling any vacancies. The Town Clerk shall give notice of the meeting to
precinct Town. Meeting Members at least seven (7) days in advance; and shall publish
legal notice in a community newspaper of general circulation.
At any precinct meeting, a majority shall constitute a quorum. A majority of
votes cast at precinct meetings shall be sufficient to fill vacancies, elect a Chairman and a
Clerk or conduct any order of business. The Chairman and Precinct Clerk shall certify
any election of the precinct and transmit written acceptance of any person elected Town
Meeting Member to the Town Clerk.
Section 2-7: Compensation
Town Meeting Members shall serve without compensation.
Section 2-8: Presiding Officer
A Moderator, chosen in accordance with the provisions of Article 3, Section 3-7,
shall preside. at all sessions of Town Meeting. The Moderator shall regulate the
proceedings of all Town Meetings sessions, decide all questions of order and make public
declaration of all votes. He may, in-oj~en-~rneetin , administer the oath of office to any
Town Officer and to Town Meeting members. He shall perform other functions as
provided by Charter, bylaw, Town Meeting vote or State law. In the absence of the
Moderator, Town Meeting shall elect a temporary Moderator.
Section 2-9: Clerk of the Meeting
The Town Clerk shall serve as the Clerk of the Town Meeting. In the event of his
unavoidable absence, the Town Clerk shall designate a substitute; otherwise, the
Reading Home Rule Charter 4 With all revisions through June, 2003
Moderator shall appoint a Clerk pro tempore. The Clerk shall give notice of all meetings
to the Members and to the public, keep the journal of its proceedings, and perform such
other functions as may be provided by the Charter, by statute, by bylaw, or by Town
Meeting vote.
Section 2-10: General Powers and Duties
All legislative powers of the Town shall be vested in the representative Town
Meeting except as otherwise provided by law or the Charter. The Town Meeting shall
provide for the exercise of all corporate powers of the Town and for the performance of
all duties and obligations of the Town.
Section 2-11: Participation by Non-Town Meeting Members
Subject to conditions that may be determined from time to time by Town Meeting
Members, any inhabitant person who is not a Town Meeting Member
may be allowed to speak at any representative Town Meeting but shall not vote.
At the request of the Moderator or Town Meeting, any Town Officer or
Department Head shall be present at any session of Town Meeting for the purpose of
responding to questions of Town Meeting Members.
Section 2-12: Establishment of Standing Committees
The Town Meeting may from time to time, by bylaw, establish standing
committees to which shall be referred Warrant Articles for study, review and report in
advance of the sessions of the Town Meeting.
In establishing standing committees, Town Meeting shall also provide for the
method of appointment of members. The method of appointment shall be by an
existing multiple-member body or shall be by a multiple-member appointment
committee established for that purpose.
[Amended November 19, 2001 (Article 12)]
Finance Committee
There shall be a Finance Committee consisting of nine (9) voters of the Town,
appointed for three year staggered terms so arranged that three (3) terms expire each year.
No member of the Finance Committee shall be an elected or appointed Town Officer or
an employee of the Town. A member of the Finance Committee may be an elected Town
Meeting Member but shall serve on no other standing committee.
the-Finance Committee members shall be appointed by an Appointment
eCommittee chaired by the Moderator, consisting of the Moderator who shall have one
vote, the Chairman of the Board of Selectmen who shall have one vote, and the Chairman
of the Finance Committee who shall have one vote, ehaire by the M d * . The
terms of Finance Committee Members shall expire on the first day of July. No Finance
Committee Member shall serve for more than three (3) consecutive terms. Any vacancy
on the committee shall be filled by the Appointment Committee.
The Finance Committee shall have all the powers and duties granted to Finance
Committees under the Llaws of the Commonwealth, Town bylaws, Town Meeting vote
Reading Home Rule Charter 5 With all revisions through June, 2003
and other applicable laws. In addition to these powers, the Finance Committee shall have
the power to investigate the books, accounts, records and management of any office,
board or committee in Town, and may use agents in carrying out such investigations. The
Finance Committee shall report its findings, approval or disapproval on all Artieles
whiehArticles that involve the expenditure of funds in the Warrant in writing at least
seven (7) days before Town Meeting. Such a report shall not preclude further action or
reconsideration by the Finance Committee.
Committee on Bylaws
There shall be a Bylaw Committee consisting of five (5) voters of the Town,
appointed for three (3) year staggered terms hy-the-Mledera . The Bylaw Committee
shall propose and consider changes in the bylaws or Charter, and petitions for a
special act, or local acceptance of a State Statute which is subject to Town Meeting
acceptance, and shall report its fmdings on all such Articles in the Warrant in writing at
least seven (7) days before Town Meeting. Such a report shall not preclude further action
or reconsideration by the Bylaw Committee.
Bylaw Committee members shall be appointed by an Appointment
Committee chaired by the Moderator, consisting of the Moderator who shall have
one vote, the Chairman of the Board of Selectmen who shall have one vote, and the
Chairman of the Bylaw Committee who shall have one vote,. The terms of Bylaw
Committee Members shall expire on the first day of July. Any vacancy on the
committee shall be filled by the Appointment Committee.
Rules Committee
There shall be a Rules Committee, chaired by the Town Moderator who shall be
a non-voting member, consisting of the Precinct Chairmaen, which shall review all
aspects of the operation of Town Meeting, and make an Annual Report in writing to
Town Meeting setting forth its findings, recommendations, and proposals for rules
governing the conduct of Town Meeting.
Section 2-13: Warrant Articles
Except for procedural matters, all subjects to be acted upon by the Town Meeting
shall be placed on Warrants issued by the Board of Selectmen. The Board of Selectmen
shall place on such Warrants all subjects requested by: (a) any two or more Selectmen;
(b) any elected or appointed Town board; (c) any ten (10) or more voters for the Annual
or Subsequent -Town Meeting-er(d) any one hundred (100) or more voters for a Special
Town Meeting and (de) any other person or agency as may be authorized by bylaw or
otherwise. All subjects submitted to the Board of Selectmen under this section shall be
placed on a Warrant for the next Town Meeting, regular or special.
Promptly following receipt by the Board of Selectmen of any such subject for a
Town Meeting Warrant Article, a copy of the Article shall be posted on the Town
Bulletin Board and otherwise distributed as may be provided by bylaw. Additional
copies shall be kept available for distribution by the Town Clerk.
Reading Home Rule Charter 6 With all revisions through June, 2003
Section 2-14: Meetings
The Town Meeting shall meet at least twice in each calendar year. The Annual
Town Meeting shall be held during the first six calendar months at a time fixed by bylaw,
and shall be primarily concerned with the determination of matters that have a fiscal
effect on the Town including, but not limited to, the adoption of an annual operating
budget for all Town agencies. A Subsequent Town Meeting shall be held during the last
three calendar months at a time fixed by bylaw. In addition to the two meetings required
by this section, the Board of Selectmen may in any manner provided under the General
Laws of the Commonwealth or the Charter, for the purpose of acting upon the legislative
business of the Town in an orderly and expeditious manner, call the Town Meeting into
session at other times by the issuance of a Warrant.
Section-2-15: Referendum Procedures
No final affirmative vote of a Town Meeting on any Warrant Article shall be
operative until after the expiration of seven (7) days following the dissolution of the
Town Meeting except the following: (a) a vote to adjourn or dissolve; (b) votes
appropriating money for the payment of notes or bonds of the Town and interest
becoming due within the then current fiscal year; (c) votes for the temporary borrowing
of money in anticipation of revenue or; (d) a vote declared by preamble by a two-thirds
vote of Town Meeting to be an emergency measure necessary for the immediate
preservation of the peace, health, safety or convenience of the Town. If a referendum
petition is not filed within the said seven (7) days, the votes of the Town Meeting shall
then become operative.
If, within said seven (7) days, a petition signed by not less than three (3) percent
of the voters certified by the Registrars of Voters, containing their names and addresses,
is filed with the Board of Selectmen requesting that any question be submitted to the
voters, then the operation of such vote shall be further suspended pending its
determination as provided below. The Board of Selectmen shall, within ten (10) days
after the filing of such petition, call a Special Election that shall be held within thirty (30)
days or such longer period as may be required by law after issuing the call, for the
purpose of presenting to the voters any such question. If, however, a regular or special
election is to be held not more than sixty (60) days following the date the petition is filed,
the Board of Selectmen may provide that any such question be presented to the voters at
that election.
Any question so submitted shall be determined by a majority vote of the voters
voting in said election, but no action of the Town Meeting shall be reversed unless at
least twenty percent (20%) of the eligible voters vote in such election.
Each question so submitted shall be in the form of the following question which
shall be placed on the official ballot: - "shall the Town vote to approve the action of the
representative Town Meeting whereby it was voted (brief description of the substance of
the vote in substantially the same language and form in which it was stated when
presented by the Moderator to the Town Meeting, as appears in the records of the Clerk
of the meeting)"?
Reading Home Rule Charter 7 With all revisions through June, 2003
Article 3
ELECTED OFFICERS AND BOARDS
Section 3-1: General Provisions
The offices to be filled by the voters shall be, the.Board of Selectmen, School
Committee, Board of Assessors, Board of Library Trustees, Municipal Light Board,
Moderator, Vocational School Representative and such members of regional authorities
or districts as may be established by statute, interlocal agreement or otherwise.
Only a registered voter of the Town shall be eligible to hold any elective T-town
office, but no person holding any elective Town office shall simultaneously hold any
other elective Town office except that of Town Meeting Member.
Elected Town Officers shall receive no compensation unless specifically voted by
Town Meeting.
Notwithstanding their election by the voters, the Town Officers named in this
Article shall be subject to the call of the Board of Selectmen at all reasonable times for
consultation, conference and discussion on any matter relating to their respective offices.
Section 3-2: Board of Selectmen
There shall be a Board of Selectmen consisting of five (5) members elected for
three (3) year terms so arranged that as nearly an equal number of terms as possible shall
expire each year.
The executive powers of the Town shall be vested in the Board of Selectmen. The
Board of Selectmen shall have all of the powers and duties given to Boards of Selectmen
under the Constitution and General Laws of the Commonwealth, and such additional
powers and duties as may be authorized by the Charter, by bylaw, or by other Town
Meeting vote.
The Board of Selectmen shall cause the laws and orders for the government of the
Town to be enforced and shall cause a record of all its official acts to be kept. To
administer its policies and aid the Board in its official duties, the Board of Selectmen
shall appoint a Town Manager, as provided in Article 5. Without limiting the foregoing,
the Selectmen shall have all of the powers and duties of the present Personnel Board and
such Board is hereby abolished.
The Board of Selectmen shall appoint the Town Manager, Town Counsel, Town
Accountant, not more than five (5) Constables, members of the Recreation Committee,
Council on Aging, Cemetery Trustees, Housing Authority, Community Planning and
Development Commission, Insurance Comittee, -Board of Health, Conservation
Commission and Board of Appeals, and any other appointed multiple-member bodies for
whom no other method of selection is provided by the Charter or by bylaw.
The Board of Selectmen shall be the Licensing Board of the Town and shall have
the power to issue licenses, to make all necessary rules and regulations regarding the
issuance of such licenses, and to attach such conditions and restrictions thereto as it
Reading Home Rule Charter 8 With all revisions through June, 2003
deems to be in the public interest, and to enforce the laws relating to all businesses for
which it issues licenses.
Section 3-3: School Committee
There shall be a School Committee consisting of six (6) members elected for three
(3) year terms so arranged that two (2) terms shall expire each year.
The School Committee shall have all of the powers and duties School Committees
are given under the Constitution and General Laws of the Commonwealth and such
additional powers and duties as may be authorized by the Charter, by bylaw, or by other
Town Meeting vote. The powers of the School Committee shall include, but need not be
limited to, the following:
(a) The School Committee shall appoint a Superintendent of Schools and
all other- ^rfl^^"° and employees sva,au+ ca:a it t schools-,fix them his
compensation, define thei-r his duties, make rules concerning flueif his tenure
of office and may discharge them him.
(b) The School Committee shall make all reasonable rules and regulations,
consistent with law, for the administration and management of the public
schools of the Town.
Section 3-4: Board of Library Trustees
There shall be a Board of Library Trustees consisting of six (6) members elected
for three (3) year terms so arranged that two (2) terms shall expire each year.
The Board of Library Trustees shall have control over the selection of Library
materials, and shall have custody and management of the Library and of all property of
the Town related thereto, except that the Town Manager shall have responsibility for the
maintenance of the Library building and grounds.
All money or property that the Town may receive on behalf of the Library by
gift or bequest shall be administered by the Board in accordance with the provisions of
such gift or bequest.
The Board shall have all of the powers and duties given to Boards of Library
Trustees under the Constitution and General Laws of the Commonwealth, and such
additional powers and duties as may be authorized by the Charter, by bylaw, or by other.
Town Meeting vote.
Section 3-5: Municipal Light Board
There shall be a Municipal Light Board consisting of five (5) members elected for
three (3) year terms so arranged that as near an equal number of terms as possible shall
expire each year.
The Municipal Light Board shall have charge of all the real estate, facilities,
personnel and equipment of the Town pertaining to the production and transmission of
electrical power, both within the Town and elsewhere.
Reading Home Rule Charter 9 With all revisions through June, 2003
The Municipal Light Board shall have all the powers and duties given to cities
I
and towns in respect to municipal lighting plants under G.L., Cc. 164, s. 34 et seq. and
other general and special acts pertaining thereto, together with such further powers and
duties assigned to them by this Charter, by bylaw, or by other Town Meeting vote.
The Municipal Light Board shall hire the General Manager of the Reading
Municipal Light Department and set his compensation; the General Manager shall serve
at the pleasure of the Board and may be removed by vote of a majority of the entire,
Board after notice and hearing.
The Municipal Light Board shall appoint the Accounting Manager or Chief
Accountant of the Reading Municipal Light Department; and appoint counsel to the
Reading Municipal Light Department.
The Accounting Manager or Chief Accountant, as the case may be, and Counsel
shall be subject to the supervision of the General Manager.
. The Municipal Light Board shall approve warrants for payments of all bills and
payroll of the Municipal Light Department; and shall approve all contracts which are at
or above the competitive sealed bid procedures level as stated in M.G.L. c. 30B,
Section 5. -and, further, all contracts shall be made in accordance with M.G.L. c.30B.
Contracts for purchasing of power shall not be subject to M.G.L. c.30B but shall be
approved by the Municipal Light Board.
The Municipal Light Board shall employ the Auditor appointed by the Town of
Reading Audit Committee.
The Municipal Light Board shall annually set electric rates and approve an annual
operating budget and Capital Improvements Program each fiscal year. Such approval
will be done by a majority vote of the Municipal Light Board. After the Municipal Light
Board has approved, an annual operating budget and Capital Improvements Program, it
will present them to the Reading Finance Committee and Reading Town Meeting. Upon
request of any of the other towns served by the Reading Municipal Light Department, the
Municipal Light Board shall make a presentation to the Finance Committee and/or Town
Meeting of any such town (s)."
[Amended April 28, 2003 (Article 7)]
Section 3-6: Board of Assessors
There shall be a Board of Assessors consisting of three (3) members elected for
three (3) year terms so arranged that one (1) term shall expire each year.
The Board of Assessors may appoint property appraisers and shall have all the
powers and duties given to Boards of Assessors by the Law of the Commonwealth not
inconsistent with this Charter.
[Amended November 30, 1989 (Article 36) and approved by vote of the Town on March 19, 19901
Section 3-7: Moderator
There shall be a Moderator elected for a one (1) year term. The Moderator, as
provided in Article 2, Section 2-8, shall be an ex officio representative Town Meeting
Reading Home Rule Charter 10 With all revisions through June, 2003
Member and shall preside and regulate the proceedings at all sessions of the Town
Meeting. He shall have all of the powers and duties given to Moderators under the
Constitution and General Laws of the Commonwealth, and such additional powers and
duties as may be authorized by the Charter, by bylaw, or by other Town Meeting vote.
The Town Moderator shall not simultaneously serve as an elected Town Meeting
Member or in any other elected municipal office in the Town.
Article 4
APPOINTED BOARDS AND COMMITTEES
Section 4-1: Community Planning and Development Commission
There shall be a Community Planning and Development Commission consisting
of five (5) members appointed by the Board of Selectmen for three (3) year terms so
arranged that as nearly an equal number of terms as possible shall expire each year.
The Community Planning and Development Commission shall make studies and
prepare plans concerning the resources, developmental potential and needs of the Town.
The Community Planning and Development Commission shall annuaUr -report annually
to the Town giving information regarding the physical condition of the Town, and any
plans or proposals known to it affecting the resources, physical development and needs of
the Town.
The Community Planning and Development Commission shall have the power to
regulate the subdivision of land within the Town by the adoption of Rules and
Regulations governing such development. The Community Planning and Development
Commission shall have all of the powers and duties given to Planning Boards, Boards of
Survey and Industrial Development Commissions under the Constitution and General
Laws of the Commonwealth, and such additional powers and duties as may be authorized
by the Charter, by bylaw, or by other Town Meeting vote.
Section 4-2: Board of Health
There shall be a Board of Health consisting of three (3) members appointed by the
Selectmen for three (3) year terms so arranged that one (1) term shall expire each year.
The Board of Health shall be responsible for the formulation and enforcement of
rules and regulations affecting the public health. It shall have all of the powers and duties
given to Boards of Health under the Constitution and General Laws - of the
Commonwealth, and such additional powers and duties as may be authorized by the
Charter, by bylaw, or by other Town Meeting vote.
Section 4-3: Housing Authority
There shall be a Housing Authority consisting of five (5) members. Four (4)
members shall be appointed by the Selectmen, the fifth (5th) member shall be a resident
of the Town, appointed by the Commonwealth or as otherwise provided by law. Housing
Authority Members shall serve for five (5) year terms so arranged that one (1) term shall
expire each year.
Reading Home Rule Charter 11 With all revisions through June, 2003
The Housing Authority shall have all of the powers and duties given to housing
authorities under the Constitution and General Laws of the Commonwealth, and such
additional powers and duties as may be authorized by the Charter, by bylaw, or by other
Town Meeting vote.
Section 4-4: Board of Appeals
There shall be a Board of Appeals consisting of three (3) five (5) members and
three (3) two (2) associate members appointed by the Board of Selectmen for three (3)
year terms so arranged that the term of one member and one asseeinte member s
expire eneh year. arranged that as nearly an equal number of terms as possible shall
expire each year
The Board of Appeals shall have the powers and duties of Zoning Boards of
Appeal under the Constitution and General Laws of the Commonwealth; and such
additional powers and duties as may be authorized by the Charter, by bylaw, or by Town
Meeting vote.
Section 4-5: Cemetery Trustees
There shall be a Board of Cemetery Trustees consisting of six (6) members
appointed by the Selectmen for three (3) year terms so arranged that two (2) terms shall
expire each year.
The Board of Cemetery Trustees shall be responsible for the preservation, care,
improvement and embellishment of the Town's cemeteries and burial lots therein and
such other powers and duties given to the Board of Cemetery Trustees under the
Constitution and General Laws of the Commonwealth, by the Charter, by bylaw, or
I by Town Meeting vote.
Section 4-6: Council on Agin
There shall be a Council on Aging consisting of ten (10) members appointed by
the Selectmen for three (3) year terms so arranged that as near an equal number of terms
as possible shall expire each year.
The Council on Aging shall have all the powers and duties given to Councils on
Aging by the General Laws, by the Charter, by bylaw, or by Town Meeting vote.
Section 4-7: Commissioners of Trust Funds
There shall be a Commissioners of Trust Funds consisting of three-@)- five (5)
members. Three (3) shall be appointed by the Selectmen for three (3) year terms so
arranged that one (1) term shall expire each year. In addition, the Board of Selectmen
shall appoint one of their members to serve as a full voting member ex officio, and
the Town Treasurer/Collector shall serve as a full voting member ex officio.
The Commissioners of Trust Funds shall have all the powers and duties given to
them by the Selectmen.
Section 4-8: Conservation Commission
Reading Home Rule Charter 12 With all revisions through June, 2003
There shall be a Conservation Commission consisting of seven (7) members
appointed by the Selectmen for three (3) year terms so arranged that as near an equal
number of terms as possible shall expire each year.
The Conservation Commission shall have all the powers and duties given to
Conservation Commissions by the General Laws, by the Charter, by bylaw, or by Town
Meeting vote.
Section 4-9: Recreation Committee
There shall be a Recreation Committee consisting of nine (9) members, eight (8)
appointed by the Board of Selectmen, and one (1) appointed by the School Committee for
three (3) year terns so arranged that three (3) terms shall expire each year.
The Recreation Committee shall be responsible for the evaluation of program
activities, formulation of overall plans for the program development, and for the
scheduling of Town parks and the field house when not in use by the School Department.
It shall also have all the powers and duties given to Recreation Committees by the
Charter, by bylaw, or by Town Meeting vote.
Section 4-10: Other Committees
The Selectmen shall appoint the following committees and determine the number
of members and their term of appointment, not to exceed three (3) years:
(a) Land- Bank Committee
(b) Town Forest Committee
(e) Insur-anee Committee
(dc) Historical Commission
The Seleetmen may appoint advi as they deem appf"Aate
for a definite ve.... aifie i~..i:i ~.+viv and d a ta+a
The Board of Selectmen may establish and appoint standing advisory
committees from time to time for a specific purpose. Such committees shall be
considered a "multiple-member body" as defined in the charter, shall be appointed
in accordance with the process detailed in section 8-12., and members shall
physically reside in the Town of Reading at the time of their appointment and
during their term of office.
Any of the elected boards or committees as listed in Article 3 of the Charter
may, from time to time, establish and appoint ad hoc committees which shall serve
no longer than 12 months. The term may be extended one time only for up to an
additional 12 months. Each ad hoc committee shall be considered a "multiple-
member body" as defined in the Charter, and shall be bound by all laws of the
Commonwealth of Massachusetts but shall not be required to meet the
requirements of Section 8-12 of the Reading Home Rule Charter as to the
appointment process.
Article 5
TOWN MANAGER
Reading Home Rule Charter 13 With all revisions through June, 2003
Section 5-1: Appointment, Oualifications, Term
The Board of Selectmen shall appoint a Town Manager without term and fix his
compensation within the amount annually appropriated for that purpose. The O€€ ee-ef
Town Manager shall not be subject to a personnel bylaw, if any. The Town Manager
shall be appointed solely on the basis of his executive and administrative qualifications.
He shall be a professionally qualified person of proven ability, especially fitted by
education, training and previous experience. He shall have had at least five (5) years of
full-time paid experience as a City or Town Manager or Assistant City or Town Manager,
or the equivalent level public or private sector experience.
The terms of the Town Manager's employment shall be the subject of a written
agreement setting forth his compensation, vacation, sick leave, benefits, and such other
matters (excluding tenure) as are customarily included in an employment eont -ae
agreement.
p The
jed "r-tiize 5, Seetion 5 5(d) During h term, While serving as Town
Manager he shall devote full time to the office (and except as expressly authorized by
the Board of Selectmen) shall not engage in any other business or occupation, and
(except as expressly provided in the Charter) shall not hold any other public office,
elective or appointive, in the Town.
With the approval of the Selectmen, he may serve as the Town's representative to
regional boards, commissions and the like but shall not receive additional salary from the
Town for such services.
[Amended November 10, 1997 (Article 7) and approved by vote of the Town on March 24, 19981
Section 5-2: Powers and Duties
The Town Manager shall be the Chief Administrative Officer of the Town and
shall be responsible to the Board of Selectmen for the proper administration of all Town
affairs placed in his charge by or under the Charter. The Town Manager shall have the
following powers and duties:
(a) Supervise and be responsible for the efficient administration of all functions
under his control, as may be authorized by the Charter, by bylaw, by other
Town Meeting vote, or by the Board of Selectmen, including all officers
appointed by him and their respective departments.
(b) Appoint, and may remove, subject to the civil service laws where applicable,
Treasurer-Collector, Town Clerk, Police Chief, Fire Chief, Civil Def nse
Direetor and all other department heads, all officers and all subordinates
and employees for whom no other method of appointment is provided in
the Charter, except persons serving under the School Committee,
Municipal Light Board and Board of Library Trustees, and appointments
made by the representatives of the Commonwealth. The Town Manager's
appointment of the Police Chief, Fire Chief and Civil Defense Direeto
shall be subject to confirmation by the Board of Selectmen. Any full-
or part-time Department Head, under the direct supervision of an
i- appointed board, shall be appointed by the Town Manager subject to
Reading Home Rule Charter 114 With all revisions through June, 2003
approval of such appointed board. In the event that the Board fails
to take action within fourteen (14) days after notice to the Board of
the Town Manager's appointment, the Board shall be deemed to have
approved the appointment.
(c) Administer all personnel policies, practices and related matters for all
municipal employees as established by any compensation plan, personnel
policy guide or bylaw, and all collective bargaining agreements entered
into by the Board of Selectmen on behalf of the Town.
(d) Fix the compensation of all Town officers and employees appointed
by him within the limits established by the appropriations, and any
compensation plan adopted by the Town Meeting.
(e) Attend all regular and special meetings of the Board of Selectmen,
except meetings at which his own removal is to be discussed, unless
excused at his own request, and shall have a voice, but no vote, in all
discussions.
(f) Attend all sessions of the Town Meetings; and shall answer all questions
directed to him that are related to his office.
(g) See that all of the provisions of the General Laws, of the Charter, of
the bylaws and other Town Meeting votes, and votes of the Board of
Selectmen that require enforcement by him, or officers and employees
subject to his direction and supervision, are faithfully carried out.
(h) Prepare and submit a proposed Annual Operating Budget; and a
proposed Capital Improvements Program as provided in Article 7.
(i) Assure that a full and complete record of the financial and
administrative activities of the Town is kept; and shall render a full
report to the Board of Selectmen at the end of each fiscal year, and
at such other times as may be required by the Selectmen.
0) Keep the Board of Selectmen fully informed as to the financial
condition and needs of the Town, and shall make such recom-
mendations to the Board of Selectmen as he deems necessary or
expedient.
(k) Have full jurisdiction over the rental and use of all Town facilities,
except those under the jurisdiction of the School Committee,
Library Trustees, and Municipal Light Board, and properties
designated by bylaw or other Town Meeting vote. He shall be
responsible for the maintenance and repair of all Town property
which is designated to be under his control.
(1) May at any time inquire into the conduct of any officer, employee
or department under his control.
(m) Keep a full and complete inventory of all property of substantial
Reading Home Rule Charter 15 With all revisions through June, 2003
value belonging to the Town, both real and personal.
(n) Be responsible for the negotiation of all contracts involving any
subject within his jurisdiction and approve the awarding thereof.
(o) Be responsible for purchasing all supplies, materials and equipment,
except those of the School Committee and the Light Board; approve
the award of all contracts for all departments and activities of the
Town except those of the School Committee or and Light Board; examine
and inspect, or cause to be examined and inspected, the quality,
quantity and conditions of materials, supplies or equipment delivered
to or received by any Town agency; and examine services performed
for any Town agency secured through the purchasing procedure.
(p) Be deemed to be the Executive Officer of the Town under General
Laws, C. 258.
(q) Perform any other duties required of him by the Charter, by bylaw,
by other Town Meeting vote, or by the Board of Selectmen.
Section 5-3: Ombudsman
The Town Manager shall appoint himself or some other full--time employee in his
office to act as an Ombudsman to all citizens in their day-to--day contacts and dealings
with the Town, its officials, and boards. The function of the Ombudsman shall be: (a) to
direct the citizens to the proper officer, board or committee to deal with the citizen's
problem;; (b) to set up appointments for citizens to meet with directors, department heads
and boards;; (c) to provide citizens with access to public information within the Town
and; (d) to otherwise serve the public in connection with their dealings with the Town.
The office of the Town Ombudsman shall be clearly and conspicuously marked within
the Town Hall.
Section 5-4: Acting Town Manager
(a) Temporary Absence - By letter filed with the Town Clerk and the Board
of Selectmen, the Town Manager shall designate a qualified Town officer
or employee to serve as acting Town Manager during any temporary absence
anticipated not to exceed ten (10) working days.
(b) Long--Term Absence - In the event of the absence, incapacity or illness of
the Town Manager in excess of ten (10) working days, the Board of Selectmen
shall appoint a qualified Town officer or employee to serve as Acting Town
Manager until the Town Manager returns.
(c) Vacancy - When the office of Town Manager is vacant, or the Town Manager
is under suspension as provided in Section 5-5, the Board of Selectmen shall
appoint a qualified Town officer or employee to serve as Acting Town
Manager until the vacancy is filled or the suspension has been terminated.
- In the event of vacancy, the Board of Selectmen shall initiate recruitment
Reading Home Rule Charter 16 With all revisions through June, 2003
for a new Town Manager without delay and shall appoint a new Town
Manager within one hundred twenty (120) days.
(d) Term - No appointment of an Acting Town Manager may exceed ten
(10) working days whereupon the appointment may be renewed or
another Acting Town Manager appointed.
(e) Powers - The powers of an Acting Town Manager are limited to routine
matters requiring immediate action and to making emergency temporary
appointments to any Town office or employment within the scope of the
Town Manager's responsibilities.
Section 5-5: Removal Procedures
The Board of Selectmen may remove the Town Manager from office as follows:
(a) Notice - By affirmative vote of a majority of its members, the Board of
Selectmen may adopt a preliminary resolution of removal setting forth
in reasonable detail the reason or reasons for the proposed removal. The
preliminary resolution may suspend the Town Manager for a period not
to exceed forty-five (45) days. A copy of the resolution shall be delivered
to the Town Manager forthwith following its adoption.
(b) Public Hearing - Within five (5) days after the delivery of the preliminary
resolution of removal, the Town Manager may request a public hearing on
the reasons cited for removal by filing a written request therefor with the
Board of Selectmen. The hearing shall be convened by the Board of
Selectmen not less than twenty (20) nor more than thirty (30) days after
a request is filed. Not less than five (5) days prior written notice of the
date upon which the hearing will commence shall be given to the Town
Manager at his last known address. The time limitations set forth herein
may be waived in writing by the Town Manager. The Town Manager
shall be entitled to file a written statement with the Board of Selectmen
responding to the reasons cited for the proposed removal, provided the
same is received by the Board of Selectmen not less than forty-eight
(48) hours in advance of the time set for the commencement of the
public hearing. The Town Manager may be represented by Gcounsel
at the public hearing. He shall be entitled to present evidence, call
witnesses and, personally or through Ecounsel, question any witnesses
appearing at the hearing.
(c) Removal - If the Town Manager does not request a public hearing, then
upon the expiration of ten (10) days from the date of delivery to him of
the preliminary resolution of removal, or if the Town Manager does
request a public hearing, then five (5) days from the completion of the
public hearing or forty-five (45) days from the date of the adoption of the
preliminary resolution, whichever occurs later, the Board of Selectmen
may by a vote of a majority of its members adopt a final resolution of
removal that shall be effective upon adoption. Failure to adopt a final
resolution of removal within the time limitations provided in this section
Reading Home Rule Charter 17 With all revisions through June, 2003
shall nullify the preliminary resolution of removal. The action of the
Board of Selectmen in suspending or removing the Town Manager shall
be final, it being the intention of this provision to vest all authority and
fix all responsibility for such suspension or removal in the Board of
Selectmen. The Town Manager shall continue to receive his salary until
a final resolution of removal has become effective.
(d) Severance - Upon the termination of the Town Manager's appointment,
whether voluntary or otherwise, he shall receive termination pay equal
to one (1) month's salary for eaeh full year of serviee as Town Manager,
as determined by the Board of Selectmen,
not to exceed three (3) twelve (12) month's salary in total. To be eligible for
this
benefit upon voluntary termination, the Town Manager must give the
Board of Selectmen sixty (60) days written notice of intent to leave. This I
benefit will not be available if the Town Manger is terminated for cause.
Article 6
ADMINISTRATIVE ORGANIZATION
(a) E
1
Subje
et onl
t
hibi
ti
i
th
C
ti
i
X
2M
the Gen
eral La
ws or
y
o exp
the Ch
ress pro
-t
th
T
ons
n
M
ti
e
o
ns
tut
on-, ,
6e
eon
solida
te
or a
ar
er,
e
o
boli
h
T
wn
ee
n
g ma
~
y,
,
in
art
,
and est
ablish
,
sueh
s
any
T
own
i
it
,
d
p
,
n
ew
own ag
enc
es as
ee
ms nee
essary
rovide
d
howe
ver
t
hat no f
uncti
i
d b
th
Ch
t
t
p
artieul
,
ar Tow
,
n a
en
e
ma
on ass
b
di
ti
gne
y
d
e
l
ar
er-
th
C
o a
h
t
p
so provi
des, Rss
g
igned
y
y
to any
e
seon
other-.
nue
or-, un
ess
e
ar
er
(b) Administrativ
e Code
Subject
l
t
hi
biti
i
the Constituti
on
the G
on
y
o ex
e
l
press pro
t
ons
h
B
n
d
aft
,
er e
n
l
JJSawq V1411
nera
t
ti
ith th
T
tii-lJ 11 i{1Z ,
M
e
oar
f
o
7
time to time
o
su
re
are an
a
on w
e
d submit to th
T
anage
own
Al
ti
r,
may
f
rom
l
p
as an adminis
p
trative eo
e
de a
lan of or
own
ee
n
i
ti
g
or ap
prova
or
t
to an
p
ga
existin
l
f
t
n
za
on or
h
d
l
ffi
i
t
7
v..a.aa.v.a
. at eo
u
y
nduet of t
g p
an
or-
he business of the
e or
er
y, e
Town.
e
en
or
The administrative eode ma
r
i
lid
t
b
l
y
eorg
o
- i
t
an
ze, eo
t
bl
nso
a
e or a
o
i
h
v aavaV
r
n par
ial
l..R es
a
s
.7UL
-
etiens-o€-a an
Town a
d €
h
* & +1,
n
y
geney-an
er-su
i
owers and duties and o far as is
e
purpo
+ it
se,
t
f
hi
b
s
s
p
the funds w
r
t
d b
th
T
t
f
th
use
or- w
e
.
i
ti
f
e
e vo
e
y
e
own,
rans
Town a
ene
to another
Ho
e
f
er
e ap
ti
propr
a
ons o
one
i
d b
th
Ch
g
y
.
w
ver, no
u
ne
on as
s
gne
y
e
arter-
Reading Home Rule Charter 18 With all revisions through June, 2003
.
hold one
or m
ore
-
I
i
e he
!i
th
l
i
i
plan, it s
i
h
p
-
-
.
.
af
ngs
on
e propos
a
g
v
n
g not
ee by
ublienti
on in
a lo
eal n
e
s
a
t l
th
7
d
,
i
p
whieh no
tiee
shall
des
w
p
per n
eribe th
o
ess
an s
f th
even
(
)
l
a)
s
n adv
d th
i
anee,
e seo
pe o
e pro
posa
an
e t
me a
nd
laee at
whie
h the
hea
rin
h
ll b
h
ld
F
ll
i
h
bli
h
i
p
g s
a
e
e
.
o
ow
ng
sue
pu
e
e
the Boar
d of
Selee
tme
n shall subm
it to the Tow
n A
leeti
ng,- by War
rant
Ardele, i
i
h
ts pr
oposa
l w
hieh it m",
have modified
su
bseq
uent to the p
ubli-e
-
ear
ng.
A
n
d
i
i
t
t
i
d
h
ll b
ff
i
of ninet
a
(90)
m
n
s
da
s
ra
foll
ve eo
e s
a
o
in
th
d
eeome e
t
f th
T
eet
v
IN
e at
l
ti
the expirati
hi
on
y
Fo
osal
is su
y
bmit
ted
w
g
e
unless the T
a
e o
e
ow
M
ti
n
h
l
ee
l
b
ng at w
e
i
p
p
own
ee
ng
s
a
,
y
a major
ty
vo-
Th
e To
wn A
leet
i
t
.
l
t
d
i
t
ng may vo
t
d
e on
y
o appr
lt
it
ove
or
sapprove
4V .ala
may
no
♦
V44
o amen
o
r a
er
.
Seetion 6 2
T
bl
f O
g
i
t
i
;
a
e
o
r
an
za
on
The T
-
-
-
-
A4an
a
er-
sha
ll
f
b
i
i
t
t
h
B
d
f S
l
-
-
,
.
-
table of or
anizat
ion e
g
stabl
ishi
pFepar-e
o
r su
m
ss
on
l
i
o
t
e
ithi
oar
o
e
e
th
T
etmen a
g
created b
b
la
w
- . e
b
administ
requ
remen
r
ti
s w
b
th
n
e
own
T
ageneies
h
bl
y
of or
anization s
1
hall
y
beeo
,
me
y
effeeti
l
a
ve 1 o
t
d
r
y
b
t
o
h
er--means-.
B
d
f S
e4a
e
l
g
within thirt
(30)
da
foll
i
ve un
th
d
t
f
ess r-ejee
e
it
b
i
i
y
e
oar
o
e
eetmen
y
ys
o
w
n
g
e
a
e o
s su
m
ss
o
n.
Section 6-1: Creation of Departments, Agencies and Offices
The organization of the Town into operating agencies shall be accomplished
through the establishment of an Administrative Code, either by adoption of a bylaw
or by the adoption of a Table of Organization, both as provided in this section:
(a) Bylaws - Subject only to express prohibitions in the Constitution, the
General Laws or the Charter, the Town Meeting may, by bylaw, approve the
reorganization, consolidation, or abolishment of any Town agencies, in whole
or in part, and the establishment of such new Town agencies as it
deems necessary or advisable. It may prescribe the functions of any
Town agency
(b) Table of Organization - Subject only to express prohibitions in the
Constitution, the General Laws or the Charter, the Board of Selectmen,
after consultation with the Town Manager, may from time to time, prepare
and submit to the Town Meeting for approval a table of organization or
reorganization, or amendments to any existing table of organization for the
orderly, efficient or convenient conduct of the business of the Town.
The administrative code may reorganize, consolidate or abolish any
Town agencies in whole or in part and establish such new Town agencies as
it deems necessary or advisable. It may prescribe the functions of any Town
agency and, for such purpose, transfer the powers and duties and, so far as is
Reading Home Rule Charter 19 With all revisions through June, 2003
consistent with the use for which the funds were voted by the Town, transfer the
appropriations of one Town agency to another. However, no function assigned by
the Charter to a particular Town agency may be discontinued, or unless the Charter
specifically so provides, assigned to any other.
Whenever the Board of Selectmen prepares such a bylaw or table, the
Board shall hold one or more public hearings on the proposal giving notice by
publication in a local newspaper not less than seven (7) days in advance,
which notice shall describe the scope of the proposal and the time and place
at which the hearing shall be held. Following such public hearing the
Board of Selectmen shall submit to the Town Meeting, by Warrant Article,
its proposed Administrative Code which it may have modified subsequent to the
public hearing.
An administrative code shall become effective at the expiration of ninety (90)
days following the date of the Town Meeting at which the proposal is submitted,
unless the Town Meeting shall, by a majority vote within that time, vote to
disapprove the code.
The Town Meeting may vote only to approve or disapprove the
administrative code and may not vote to amend or alter it, except that a substitute
motion may be moved by a majority of the Board of Selectmen.
Section 6-2: Publication of Administrative Code and Table of Organization
For the convenience of the public, the administrative code, if adopted as a
Table of Organization, shall be printed as an appendix to, but not an integral part
of, the bylaws of the Town. The Table of Organization shall also be published
annually in the Town Report.
Seetion 6 3; Publieation of Administrative Code and Table of Q-t-1
g-mation
For the of the publie, the administrative eode an&-any
amendments thereto shall be printed as an appendix to, but not an integral ,
the bylaws of the Town. The table of organization prepared by the Town Manager
shall be published annually in the Town Report.-
Section 643: Department of Public Works
(a) Establishment and Scope - There shall be a Department of Public
Works responsible for the performance of all public works activities
of the Town placed under its control by the Charter, by bylaw, by
administrative code or otherwise including, but not limited to,
protection of natural resources, maintenance of all municipal buildings
and grounds except those of the School and Municipal Light Depart-
ments, water supply and distribution, sewers and sewerage systems,
streets and roads, parks and playgrounds, refuse collection and
disposal, and forestry services, and cemetery services.
The Department of Public Works shall assume all of the duties
and responsibilities in the performance of public works functions
including, but not limited to, those performed prior to the adoption
Reading Home Rule Charter 20 With all revisions through June, 2003
of the Charter by or under the authority of the Department of Public
Works.
(b) Director of Public Works - The Department of Public works shall be
under the direct control of a Director of Public Works who shall be
appointed by and who shall be directly responsible to the Town Manager.
The Director of Public Works shall serve at the pleasure of the Town
Manager. He shall be a person especially fitted by education, training
and previous experience to perform the duties of the office.
The Director of Public Works shall be responsible for the supervision
and coordination of all divisions within the department in accordance with
State statutes, Town bylaws, administrative code and directives of the Town
Manager.
(c) Policy Formulation - The Board of Selectmen, acting through the Town
Manager, shall be responsible for the overall supervision of the Department
of Public Works and for the establishment of policies and priorities to govern
the operation of the department.
The Board of Selectmen shall have the same power to adopt rules and
regulations and grant licenses previously given by law to the Department of
Public Works and its predecessor water, sewer and park commissions.
Section 6-54: Town Counsel
Appointment, Qualifications, Term of Office - The Board of Selectmen each year shall
appoint a Town Counsel and fix his compensation within the amount annually
appropriated for that purpose. The person appointed and employed by the Selectmen as
Town Counsel shall be a member in good standing of the bar of the Supreme Judicial
Court of Massachusetts and of all other courts before which he has been admitted to
practice. Any Special Counsel employed by the Selectmen shall be a member in good
standing of the bar of all courts before which he has been admitted to practice.
Powers and Duties - In addition to those duties which the Selectmen may request or
authorize the Town Counsel to perform, he shall have the following powers and duties:
(a) The Town Counsel shall examine and report to the Town Manager upon
the title to any land to be acquired by the Town or any Town agency.
(b) The Town Counsel shall, when requested, eeunsel- advise with respect to all
contracts, bonds, deeds and other legal instruments to which the Town
is a party, or in which any right or interest of the Town is involved.
(c) The Town Counsel shall advise all Town agencies and officers regarding
legal questions relating to their powers and duties.
(d) The Town Counsel, when requested by the Board of Selectmen, shall
appear and conduct, or assist in the conduct of the prosecution, defense
Reading Home Rule Charter 21. With all revisions through June, 2003
or compromise of any claims, actions and proceedings by, on behalf of,
or against the Town or any Town agency.
Section 6-65: Town Accountant
Appointment, Oualification, Term of Office - There shall be a Town Accountant,
appointed by the Board of Selectmen. The Town Accountant shall be qualified in
accordance with State law, and shall have at least three (3) years prior full time
accounting experience. The Town Accountant shall devote his entire time to the
performance of his duties and the supervision of the employees of his department. The
Town Accountant shall be appointed in March of every year for a one (1) year term to
run from the first day of the following April; and shall serve until the qualification of his
successor. The Town Accountant may be removed by the Board of Selectmen for cause;
and the vacancy filled by them in the same manner as an original appointment for the
remainder of the unexpired term.
Powers and Duties - The Town Accountant shall be subject to the supervision of the
Town Manager. He shall have, in addition to the powers and duties conferred and
imposed upon Town Accountants by General Laws, the following powers and duties:
(a) He shall prescribe the methods of installation and exercise supervision
of all accounting records of the several Town officers and agencies.
However, any change in the system of accounts shall first be discussed
with the Town Manager and the Town agencies affected.
(b) He shall establish standard practices relating to all accounting matters
and procedures and the coordination of systems- throughout the Town,
including clerical and office methods, records, reports and procedures
as they relate to accounting matters. He shall prepare and issue rules,
regulations and instructions relating thereto that, when approved by
the Town Manager, shall be binding upon all Town agencies and
employees.
(c) He shall draw all Warrants upon the Town Treasurer for the payment
of bills, drafts and orders chargeable to the several appropriations and
other accounts.
(d) Prior to submitting any Warrant to the Town Manager, he shall examine
and approve as not being fraudulent, unlawful or excessive, all bills,
drafts and orders covered thereby. In connection with any such
examinations, he may make inspection as to the quality, quantity and
condition of any materials, supplies or equipment delivered to or
received by any Town officer or agency. If, upon examination, it
appears to the Town Accountant that any such bill, draft or order is
fraudulent, unlawful or excessive, he shall immediately file with the
Town Manager and Town Treasurer and Chairman of the Finance
Committee a written report of his findings.
Reading Home Rule Charter 22 With all revisions through June, 2003
(e) He shall be responsible for a continuous audit of all accounts and
records of the Town wherever located.
Vacancy - If the Town Accountant is unable to perform his duties because of disability
or absence, or if the office is vacant because of resignation, dismissal or death, the Board
of Selectmen may appoint a temporary Town Accountant to hold such office and exercise
the powers and perform the duties until the Town Accountant who was disabled or absent
resumes his duties, or until another Town Accountant is duly appointed. Said temporary
appointment shall be in writing, signed by the Board of Selectmen and filed in the office
of the Town Clerk.
Section 646: Town Treasurer-Collector.
Appointment, Qualifications, Term of Office - There shall be a Town Treasurer-
Collector, appointed by the Town Manager for a term of one year. The Town Treasurer-
Collector shall be qualified in accordance with State law. The Town Treasurer-Collector
shall devote his entire time to the performance of his duties and the supervision of the
employees of his department.
The Town Treasurer-Collector shall be appointed in March of every year for a
one (1) year term to run from the first day of the following April and until the
qualification of his successor. The Town Treasurer-Collector may be removed by the
Town Manager for cause, and the vacancy filled by him in the same manner as an
original appointment, for the remainder of the unexpired term.
Powers and Duties - The Town Treasurer-Collector shall be subject to the supervision
of the Town Manager. He shall have, in addition to the powers and duties conferred and
imposed upon Town Treasurers and Town Collectors, by General Laws, the following
powers and duties:
(a) The Town Treasurer-Collector shall supervise and be responsible for the
collection and receipt of all sums and accounts due, owing or paid to the
Town including taxes and fees, and shall act as the Town Collector of
Taxes.
(b) The Town Treasurer-Collector shall report to the Town Manager at such
times as he may direct or as he may deem appropriate, but at least semi-
annually, as to all uncollected claims or accounts due or owing to the
Town. Such reports shall include the Town Treasurer-Collector's
recommendations as to whether suit should be instituted on behalf of
the Town for the establishment or collection of any claim or account
for the benefit of the Town.
(c) The Town Treasurer-Collector shall supervise and be responsible for the
prompt deposit, safekeeping and management of all monies collected or
received by the Town.
(d) The Town Treasurer-Collector shall be the custodian of all funds,
monies, securities or other things of value which are or have been
Reading Home Rule Charter 23 With all revisions through June, 2003
l given, bequeathed or deposited in trust with the Town for any purpose,
including the preservation, care, improvement or embellishment of any
of the Town's cemeteries or burial lots therein.
The Town Treasurer-Collector shall invest the same as directed by the
Board of Cemetery Trustees*and the Board of Trust Fund Commissioners,
and shall distribute the income therefrom on the order of said trustees or
Trust Fund Commissioners.
Article 7
FINANCES AND FISCAL PROCEDURES
Section 7-1: Fiscal Year
The fiscal year of the Town shall begin on July first (1S) and end on June thirtieth
(30th), unless another provision is made by General Law.
Sectioh 7-2: Submission of Proposed Budget
At least four (4) months before the start of the fiscal year, the Town Manager
shall submit to the Finance Committee a proposed budget for the ensuing fiscal year with
an accompanying budget message and supporting documents.
He shall simultaneously provide for the publication in a local newspaper of a
general summary of the proposed budget, and a notice stating the times and places where
complete copies of his proposed budget shall be available for examination by the public.
Section 7-3: School Committee Budget
The budget adopted by the School Committee shall be submitted to the Town
Manager in sufficient time to enable him to prepare the total Town budget he is required
to submit by Section 7-2.
(a) Public Hearing - At least fourteen (14) days before the meeting at which
the School Committee is to vote on its final budget request, the School
Committee shall cause to be published in a local newspaper a general
summary of its proposed budget. The summary shall indicate specifically
any major variations from the present budget and the reasons for such
variations and a notice stating: (1) the times and places where complete
copies of the budget shall be available or examination by the public, and
(2) the date, time and place, not less than seven (7) nor more than fifteen
(15) days following such publication, when a public hearing shall be held
by the School Committee on the proposed budget.
(b). Adoption - The action of the School Committee in adopting the budget
following the public hearing shall be summarized and the vote shall be
duly recorded.
Section 7-4: Budget Message
Reading Home Rule Charter 24 ' With all revisions through June, 2003
The budget message submitted by the Town Manager shall explain the proposed
budget for all Town agencies, both in fiscal terms and in terms of work programs. It shall
outline proposed financial policies of the Town for the ensuing fiscal year; describe
important features of the budget; indicate any major variations from the budget for the
current year in financial policies, expenditures and revenues together with the reasons for
such changes; summarize the Town's debt position and include such other material as the
Town Manager deems desirable.
Section 7-5: The Proposed Budget
The proposed budget shall provide a complete financial plan of all Town funds
and activities, including the budget as requested by the School Committee for the ensuing
year. Except as may otherwise be required by General Law or by the Charter, it shall be
in the form the Town Manager deems desirable. In his presentation of the budget, the
Town Manager shall make use of modern concepts of fiscal presentation so as to furnish
a maximum amount of information and the best financial control. The budget shall be so
arranged as to show the actual and estimated income and expenditures for the previous,
current and ensuing fiscal years and shall indicate in separate sections:
(a) Proposed expenditures for current operations during the ensuing fiscal
year, detailed by Town agency, function and work programs, and the
proposed methods of financing such expenditures.
(b) Proposed capital expenditures during the ensuing fiscal year, detailed
by Town agency, and the proposed method of financing each such
capital expenditure.
(c) Estimated surplus revenue and free cash at the end of the current fiscal
year, including estimated balances in any special accounts established
for specific purposes.
(d) Set forth all encumbered funds from prior fiscal years.
Section 7-6: Action on the Budget
(a) Public Hearing - The Finance Committee shall, forthwith upon receipt of
the proposed budget, provide for publication in a local newspaper of a notice
stating the date, time and place, not less than five (5) nor more than fourteen
(14) days following such publication, when a public hearing shall be held
by the Finance Committee on the proposed budget.
(b) Finance Committee Meetings - The Finance Committee shall consider in
public meetings the detailed expenditures for each Town agency proposed
by the Town Manager; and may confer with representatives of any such
agency in connection with such considerations. The Finance Committee
may require the Town Manager or any other Town agency to provide such
additional information as it deems necessary or desirable in furtherance of
its responsibility.
(c) Presentation to the-Town Meeting - The Finance Committee shall file a
report of its recommendations with the Town Clerk in sufficient time to be
Reading Home Rule Charter 25 With all revisions through June, 2003
distributed to all Town Meeting Members at least fourteen (14) days before
the action on the budget article is to begin. The budget to be acted upon by
the Town Meeting shall be the budget as proposed by the Finance Committee
which budget may be amended by the Town Meeting.
(d) All Warrant Articles requiring an appropriation in excess of five hundred
dollars ($500.00) shall be integrated into the Town Manager's budget,
and shall be considered and reported thereon by the Finance Committee.
Section 7-7: Capital Improvements Program
The Town Manager shall submit a Capital Improvements Program to the Board of
Selectmen and the Finance Committee at least thirty (30) days before the date fixed for
submission of his proposed budget. It shall contain: (a) a clear, concise general summary
of its contents; (b) a list of all capital improvements proposed to be undertaken during the
ensuing five (5) years, with supporting information as to the need for each capital
improvement; (c) cost estimates, methods of financing and recommended time schedules
for each improvement and (d) the estimated annual cost of operating and maintaining
each facility and piece of major equipment involved. This information is to be annually
revised with regard to the capital improvements still pending or in the process of being
acquired, improved or constructed.
Section 7-8: Financial Public Records
Statements summarizing the budget and the Capital Improvements Program and
related Warrant Articles, as adopted by the Town Meeting, shall be made available in the
office of the Town Manager for examination by the public not more than twenty (20)
days after their adoption.
Section 7-9: Approval of Financial Warrants
Warrants for the payment of Town funds prepared by the Accountant in
accordance with the provisions of the General Laws shall be submitted to the Town
Manager. The approval of any such Warrant by the Town Manager shall be sufficient
authority to authorize payment by the Town Treasurer, but the Board of Selectmen shall
approve all Warrants in the event of a vacancy in the office of Town Manager.
Section 7-10 Building Maintenance Budgets
The budgets for the maintenance of municipal buildings and school buildings
shall be included in one departmental budget and shall be voted upon separately
from other budgets by Town Meeting. Any transfers into or out of said building
maintenance accounts shall only be made upon approval by Town Meeting or as a
Reserve Fund transfer by the Finance Committee.
Article 8
GENERAL PROVISIONS
Section 8-1: Charter Changes
Reading Home Rule Charter 26 With all revisions through June, 2003
This Charter may be replaced, revised or amended in accordance with the
procedures made available by Article LXXXIX of the amendments to the Constitution of
the Commonwealth and the provisions of General Laws, C. 43B. In general terms, this
means that any provision of this Charter, except as to the composition, mode of election
or
appointment, or terms of office of the legislative body, the Board of Selectmen or Town
Manager can be changed by a two-thirds vote of the Town Meeting approved by the
voters at the next Town Election.
[Amended November 19, 2001(AtWcle 11)]
Section 8-2: Severability
The provisions of the Charter are severable. If any provision of the Charter is
held invalid, the other provisions of the Charter shall not be affected thereby. If the
application of the Charter or any of its provisions to any person or circumstance is held
invalid, the application of the Charter and its provisions to other persons and
circumstances shall not be affected thereby.
Section 8-3: Specific Provisions Prevail
To the extent that any specific provision of the Charter shall conflict with any
provision expressed in general terms, the specific provision shall prevail.
Section 8-4: References to General Laws
All references to the General Laws contained in the Charter refer to the General
Laws of the Commonwealth of Massachusetts; and are intended to include any
amendments or revisions to such chapters and sections or to the corresponding chapters
and sections of any rearrangement of the General Laws enacted subsequent to the
adoption of the Charter.
Section 8-5: Computation of Time
In computing time under the Charter, if seven (7) days or less, only business days
not including Saturdays, Sundays or legal holidays shall be counted; if more than seven
(7) days, every day shall be counted.
Section 8-6: Number and Gender
Words importing the singular number may extend and be applied to several
persons or things, words importing the plural number may include the singular, and
words importing the masculine gender shall include the feminine gender.
Section 8-7: Definitions
Unless another meaning is clearly apparent from the manner in which the word is
used, the following words as used in the Charter shall have the following meanings:
(a) Charter - The word "Charter" shall mean this Charter and any amend-
ments to it made through any of the methods provided under Article
Reading Home Rule Charter 27 With all revisions through June, 2003
LXXXIX of the amendments to the State Constitution.
(b) Ar et The word L'rj' ca IpFenoffshall VL4al th 411V areas ill ,1, • 1,iiliill the
~ tl T ~r-ZllTi
I Town is dhizided f-a-ir the purpose of electing Town Meeting Member-&
Exofficio - A member of any multiple-member body, except a member of the
Rules Committee, who, by virtue of his office or position, is appointed to an
ad hoc or other multiple-member body. A person serving as an exofficio
member shall not be required to take an additional oath of office to serve in
such capacity.
(c) Library- The word "Library" shall mean the Reading Public Library
and any branch or branches that may be established thereof.
(d) Local Newspaper - The word "local newspaper" shall mean a newspaper
of general circulation within the Town.
(e) Majority Vote - The word "majority vote" shall mean as to the Town
Meeting a majority of those present and voting provided that a quorum
of the body is present. As to all multiple-member bodies, the affirmative
vote of a majority of all its members shall be necessary to adopt any
motion, order, appointment or approval to take any action not entirely
procedural in nature.
(f) Multiple-Member Body - The word "multiple-member body" shall
mean any Board, Commission or Committee consisting of two or
more persons, whether elected or appointed,
(g) Precinct - The word "precinct" shall mean the areas into which the
Town isic ivided for the purpose of electing Town Meeting Members
(gh) Town - The word "Town" shall mean the Town of Reading.
(hi) Town Agency - The words "Town agency" shall mean any Board,
Commission, Committee, department or office of the Town
Government whether elected, appointed or otherwise constituted.
(ij) Town Bulletin Boards - The words "Town Bulletin Boards" shall
mean the bulletin boards on which official Town notices are posted.
(jk) Town Meeting - The words "Town Meeting " shall mean the
representative Town Meeting of the Town established by Article 2.
(kl) Town Officer - The words "Town Officer" shall mean an elected
or appointed official of the Town who, in the performance of his
duties of office, exercises some portion of the sovereign power of
the Town, whether great or small; however, it shall not include a
Town Meeting Member. A person may be a Town Officer whether
Reading Home Rule Charter 28 With all revisions through June, 2003
or not he receives any compensation for his services.
(lm) Voters - The word "Voters" shall mean registered voters of the Town.
Section 8-8: Rules and Regulations
A copy of all Rules and Regulations adopted by any Town agency shall be filed in
the office of the Town Clerk,-and made available for review by any person who requests
such information. Such Rules and Regulations adopted subsequent to the adoption of this
Charter shall not become effective until ten (10) days following the date they are so filed.
Section 8-9: Re-Renactment and Publication of Bylaws
Within one (1) year of the adoption of this Charter and at intervals of not more
than ten (10) years thereafter, proposed revisions or recodification of the bylaws of the
Town shall be presented to Town Meeting by the Bylaw Committee.
At least four (4) months prior to the Town Meeting at which action under this
section is to be taken, the Committee shall cause to be published in a local newspaper: (a)
a report summarizing its recommendations and noting the times and places within the
Town where complete copies of the report shall be available for inspection by the public,
and (b) the date, time and place not less than two weeks following such publication when
a public hearing shall be held by the committee on the preliminary report.
Section 8-10: Procedures of Multiple-Member Bodies
(a) Meetings - All multiple-member bodies of the Town whether elected,
appointed or otherwise constituted shall meet at such times and places within
the Town as they may, by their own rules, prescribe. Special meetings of any
multiple-member body shall be held on the call of the respective chairman; or
by a majority of the members thereof by suitable written notice delivered to the
residence or place of business of each member at least twenty-four (24) hours
in advance of the time set. A notice of each meeting shall be posted at least
forty-eight (48) hours in advance on the Town Bulletin Board, except in the
event of an emergency meeting within the meaning of General Laws, C. 39.
All meetings of all multiple-member bodies shall, at all times, be open to the
public and to the press except as may otherwise be authorized by law.
(b) Rules and Minutes - Each multiple-member body shall determine its own
rules and order of business unless otherwise provided by the Charter or by
bylaw; and shall provide for keeping minutes of its proceedings. These
rules and minutes shall be a public record kept in the office of the Town
Clerk, and copies shall be kept available in the Library.
(c) Voting - Except on procedural matters, all votes of all multiple-member
bodies shall be taken by a show of hands, or roll call vote, the results of
which shall be recorded in the minutes.
(d) uorum - A majority of the members of the multiple-member body shall
constitute a quorum, but a smaller number may adjourn from time to time.
Section 8-11: Elections
Reading Home Rule Charter 29 With all revisions through June, 2003
(a) Annual Town Elections - The election of Town Officers and Town Meeting
Members, and referenda questions shall be acted upon and determined by
voters on official ballots without party or other designation on the date fixed
in the bylaws of the Town.
(b) Procedures - All elections conducted pursuant to this Charter shall be
conducted in accordance with the election laws of the Commonwealth of
Massachusetts.
(c) Any town-wide election shall be held at the same time in each precinct at
the place designated by the Selectmen.
Section 5-12: Notiee or Vacancies on Boards, Committees, and Commissions
Whenever a new Standing Committeee is established, or a vacancy occurs on
any existing Board, Committee, or Commission, and- which vacancy is to be filled in
any 1 V YY Ll V
Tev ffl^e requiring appointment -by the Board of Selectmen or in-any multiple-
member body, exeept for positions covered under the eiN41 service law of the
Gera ^^Rw°aRh, whether such vacancy is by reason of death, resignation, expiration of
a fixed term for which a person has been appointed, or otherwise, the Board of Selectmen
or other appointing authority shall forthwith cause public notice of the vacancy to be
posted on the Town Bulletin Boards for not less than fifteen (15) days. Any person who
desires to be considered for appointment to the position may, within fifteen (15) days
following the date notice is posted and up until the time the position is actually filled,
file with the Town Clerk a statement setting forth in clear and specific terms his
qualifications for the position. No permanent appointment V to fill such position shall c,
fi31"~ -
[Amended November 13, 1986 (Article 17) and approved by vote of the Town on March 23,1987]
Section 5-13: Recall Procedures
(a) Application - Any holder of an elective office, other than a Town
Meeting Member, with more than six (6) months remaining in the term
for which he was elected, may be recalled therefrom by the voters in
the manner provided in this section.
(b) Recall Petition - Two hundred and fifty (250) or more voters may file
with the Town Clerk an affidavit containing the name of the officer
whose recall is sought and a sworn statement of the grounds upon which
the petition is based. At least twenty-five (25) names of voters shall be
from each of the eight precincts into which the Town is divided. The
Town Clerk shall, within twenty-four (24) hours of receipt, submit the
petitions to the Registrars of Voters who shall forthwith certify thereon
the number of signatures that are names of voters.
If the petitions contain sufficient signatures, the Town Clerk shall
thereupon deliver to the first ten voters listed upon the affidavit, petition
blanks in such number as requested demanding such recall, printed forms
Reading Horne Rule Charter 30 With all revisions through June, 2003
of which he shall keep available. The blanks shall be issued by the Town
Clerk with his signature and official seal attached thereto. They shall be
dated, shall be addressed to the Board of Selectmen, shall contain the
names of all persons to whom they are issued, the name of the person
whose recall is sought, the grounds for recall as stated in the affidavit,
and shall demand the election of a successor to the said office. A copy
of the affidavit shall be entered in a record book to be kept in the office
of the Town Clerk. The recall petitions shall be returned and filed with
the Town Clerk within twenty-one (21) days following the date of the
filing of the affidavit, signed by at least ten percent (10%) of the voters
and containing their names and addresses. However, not more than
twenty-five percent (25%) of the total number shall be from any one
precinct.
(c) Recall Election - If the petition shall be certified by the Town Clerk to
be sufficient, he shall forthwith submit the same with his certificate to
the Board of Selectmen. Upon its receipt of the certificate, the Board
of Selectmen shall forthwith give written notice of such petition and
certificate to the officer whose recall is sought by mailing the same
postage prepaid to his address as shown on the most recent voting list
and posting such notice on one or more of the Town Bulletin Boards.
If said officer does not resign his office within five (5) days after the
date of such notice, the Board of Selectmen shall order an election to
be held not less than thirty-five (35) nor more than sixty (60) days
after the date of the Town Clerk's certificate of the sufficient petition.
If, however, any other Town Election is to occur not less than thirty-
five (35) nor more than sixty (60) days after the date of the certificate,
the Board of Selectmen shall hold the recall election on the date of
such other election.
If a vacancy occurs in said office after a recall election has been
ordered, the election shall nevertheless proceed as provided in this
section, and the ballots for candidates shall, notwithstanding a recall
provision to the contrary, be counted to determine a successor in office.
(d) Nomination of Candidates - Any officer whose recall is sought may not
be a candidate to succeed himself in the recall election. The nomination
of candidates, the publication of the Warrant for the recall election, and
the conduct of same shall all be in accordance with the provisions of law
relating to elections.
(e) Propositions on Ballot - Ballots used in a recall election shall state the
following propositions in the order indicated:
For the recall of (name of officer)
Against the recall of (name of officer)
Adjacent to each proposition, there shall be a place to vote for either
Reading Home Rule Charter 31 With all revisions through June, 2003
of the said propositions. After the proposition shall appear the word
"candidates" and the names of candidates nominated as required in Section
42 of Chapter 54 of the General Laws. If a majority of the votes cast upon
the question of recall is in the affirmative, the candidate receiving the
highest number of votes shall be declared elected. If a majority of votes
on the question is in the negative, the ballots for candidates need not be
counted except as provided in (c) above.
(f) Office Holder - The incumbent shall continue to perform the duties of
his office until the recall election. If he is not recalled in the election, he
shall continue in office for the remainder of his unexpired term, subject
to recall as before, except as provided in this section.
If he is recalled in the election, he shall be deemed removed upon
the qualification of his successor who shall hold office during the
unexpired term. If the successor fails to qualify within five days after
receiving notification of his election, the incumbent shall thereupon be
deemed removed and the office vacant.
(g) Repeat of Recall Petition - No recall petition shall be filed against an
officer within three (3) months after he takes office, or in the case of an
officer subjected to a recall election and not recalled thereby, until at
least six (6) months after the election at which his recall was submitted
to the voters.
Section 8-14: Removal of Appointees
Appointing authorities may remove for cause appointees to boards, commissions,
committees and offices.
Section 8-15: Resignation of Town Officers
Any person holding an elective or appointive office may resign his office by filing
a resignation with the Town Clerk, and such resignation shall be effective immediately,
unless a time certain is specified therein when it shall take effect.
Section 8-16: Town Seal
The Town Seal in existence at the time of adoption of this Charter shall continue
to be the Town Seal and shall be kept in the custody of the Town Clerk. Papers or
documents issued from any office or board of the Town may be attested by use of the
Town Seal.
Article 9
TRANSITIONAL PROVISIONS
Section 9-1: Continuation of Existing Laws
(a) All bylaws, resolutions, rules, regulations, and votes of the Town
Meeting which are in force at the time this Charter is adopted, not
Reading Home Rule Charter 32 With all revisions through June, 2003
J
inconsistent with the provisions of this Charter, shall continue in
force until amended or repealed, including bylaws, if any, which
have been passed and have been approved by the Attorney General
but have not yet been published.
(b) Where provisions of this Charter conflict with provisions of Town
bylaws, rules, regulations, orders, and special acts and acceptances
of General Law, the Charter provisions shall govern. All provisions
of Town Bylaws, rules, regulations, orders, and special laws not
superseded by this Charter shall remain in force.
Section 9-2: Continuation of Government
(a) All contracts or obligations entered into by the Town prior to the
effective date of this Charter shall continue in full force and effect.
(b) No actions or proceedings, whether civil or criminal, pending at the
time this Charter shall take effect, brought by or against the Town or
any department, board or commission or other Town agency, shall
be affected or abated by the adoption of this Charter or by anything
therein contained.
(c) All taxes levied or assessed by the Town prior to the effective date
of this Charter which have not been collected by the Town shall be
collected, with any penalties thereon, by the duly established Town
Government and officers under this Charter.
Section 9-3: Continuation of Personnel
No person employed by the Town on a permanent full-time basis as of March 1st,
in the year of the adoption of this Charter, except elected officials and the Executive
Secretary, shall forfeit his pay grade or time in service as a result of the enactment of this
Charter. Each such person shall be retained in a capacity as similar to his former capacity
as is practical. No such person shall be removed from his position without due cause.
Each elected official serving in a paid position in the Town on said March 1 st, shall be
retained in a capacity as similar to his former capacity as is practical until the expiration
of his elected term, or for a period of two (2) years from such date whichever is later, at
not less than his current rate of pay. The Executive Secretary shall be retained at not less
than his current rate of pay until the date which is thirty (30) days after the initial Town
Manager begins work, after which the position of Executive Secretary shall be
eliminated.
Section 9-4: Transfer of Records and Property
All records, property and equipment whatsoever of any agency or part thereof, the
powers and duties of which are assigned in whole or in part to another agency, shall be
transferred forthwith to such assigned agency.
Section 9-5: Time of Effect
The Charter shall become fully effective on July 1st of the year receiving its
approval by the voters, except as otherwise provided in this section:
Reading Home Rule Charter 33 With all revisions through June, 2003
T (a) Until such time as the Town Meeting acts, by bylaw or by other
Town Meeting vote, to establish a different method of notification
of its sessions shall be in accordance with present Town bylaw.
(b) As of July 1 st, in the year in which this Charter is adopted, the Board
of Public Works and the Planning Board shall be abolished, and the
Selectmen shall appoint the members of the Community Planning and
Development Commission. Two members shall be appointed for three
(3) year terms, two (2) shall be appointed for two (2) year terms, and
one (1) shall be appointed for a one (1) year term.
(c) The Board of Selectmen shall, immediately following the election at
which the Charter is adopted, initiate procedures to recruit a Town
Manager. To assist in the recruitment process, the Selectmen shall
appoint a Citizen's Screening Committee of not less than three (3)
nor more than five (5) members to recommend to the Selectmen by
majority vote of all members of the committee not more than five
(5) candidates for appointment as Town Manager. There shall be a
widespread, diligent search for candidates to be considered.
The appointment to fill this position shall'be made effective
not later than November 1 st in the year in which this Charter is
adopted. The initial Town Manager shall receive upon his
appointment a starting salary of not less than $40,000 per year.
(d) All elected officials serving in positions which have heretofore
been elected and who shall henceforth be appointed under the
provisions of this Charter shall serve for the balance of their terms,
but their successors shall be appointed.
(e) The powers and duties of the Industrial Development Commission
shall be transferred to the Community Planning and Development
Commission on July 1 st of the year in which this Charter is adopted.
The sole exception shall be the Industrial Development Commission's
activities in producing, distributing and reviewing the request for
proposal as authorized by the November 1985 Town Meeting, which
activities may continue until September 30, 1986, at which time the
Industrial Development Commission shall be abolished.
(f) The Municipal Light Board shall continue to consist of three (3)
members until the first Town Election after adoption of this Charter.
At such election, three new members shall be elected: one
member shall be elected to the three--year term scheduled to expire at
such election, one member shall be elected to a new three-year term,
and one member shall be elected to a new two-year term. The two
persons receiving the highest number of votes in such election shall
serve for three (3) years, and the person receiving the third highest
Reading Home Rule Charter 34 With all revisions through June, 2003
number of votes shall serve for two (2) years.
Section 9-6: Composition of Certain Boards
Not later than July 1 st in the year in which this Charter is approved by the voters,
the Selectmen shall petition the State Legislature for the passage of special legislation to
permit the following boards to consist of the number of members provided in Articles 3
and 4 of this Charter: School Committee - six (6) members, Board of Library Trustees -
six (6) members, Cemetery Trustees - six (6) members and Council on Aging - ten (10)
members. If such legislation is not enacted by the third July 1 st following the adoption of
this Charter, such boards shall consist of the following number of members: School
Committee - seven (7) members, Board of Library Trustees - nine (9) members,
Cemetery Trustees five (5) members and Council on Aging - nine (9) members.
[Special Legislation adopted as Chapter 679 of the Acts of 1986 on January 7, 19871
Reading Charter Commission January 23, 1986
Reading Home Rule Charter 35 With all revisions through June, 2003
APPENDIX 2
Proposed West Street Historic District
f~/ Row August 16, 2004 s
SUBSEQUENT TOWN MEETING -
IMAX Theatre at Jordan's Furniture Store November 8, 2004
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 the Reverend Wendy Miller Olapade of the First Congregational
Church, followed by the Pledge of Allegiance to the Flag.
Elliot Tatleman welcomed Town Meeting to the new IMAX and Jordan's facility with "How did
you sleep last night." He also mentioned that he would be paying his real estate bill in jelly
beans. He wanted everyone to think of the new facility as their home.
The Warrant was partially read by the Town Clerk, Cheryl A. Johnson, when on motion by
Richard W. Schubert, 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.
ARTICLE I - Carl McFadden nominated and presented Russell T. Graham with the Community
Leader for Public Education award by the Massachusetts Association of Committees:
This former Reading selectman (1986-1992) and Finance Committee member (1980-1986) most
recently completed eleven years of service as Chair of the School Building Committee. In that
role, Mr. Graham led the campaign that got seven school building projects off the ground. As a
respected civic leader, his support for the public schools has made a significant difference, not
only in the planning and development of school building facilities, but also in winning the
support from the Town Meeting. Active with the Reading Library Foundation, Creative Arts for
Kids, the Reading Antiquarian Society, and the Reading/Wakefield YMCA, he personifies the
hard working, civic-minded individual whose impact will be felt for many decades to come.
ARTICLE 1 - Patrick Schettini, Superintendent of Schools, gave the following State of the
Schools Report:
State of the Schools
Academics
90% of the Class of 2004 attending college
F Acceptances to many fine colleges and universities
AP and SAT scores continue to be very high
2004 MCAS remain strong
100% of the RMHS graduating class of 2004 passed
In the top 20% in the Commonwealth according to the ranldng in the Boston
Globe
See inserted pages for continuation of slide show.
ARTICLE 1- Vinnie Cameron, General Manager of Reading Municipal Light Department,
gave the following report requested at the Annual Town Meeting:
Reading Municipal Light Department
Report on Power Supply, Cleaner Energy, Alternative
Energy Sources, and Consumer Conservation Efforts
Table 1
_ _
Reading Municipal Light Department~
.
- -
_................_Power Su.P.P!.Y_Re! ources.._.........._._..
BASE ENTITLEMENTS (MW)
32.2%
MILLSTONE (Nuclear)
4,599
SEABROOK (Nuclear)
7,305
HYDRO QUEBEC (Hydro)
8,446
SELECT (System Power)
12,000
i
CALPINE (Energy Only)
16,400
_
.
NYPA FIRM (Hydro)
I.............
3,295
_
SUBTOTAL..........
52,04~V 5 "
r
INTERMED. ENTITLEMENTS (MW)
51.7%
.
i
STONY BROOK (Oil/Gas)
41,345
SELECT (System Power)
000
18,000
CALPINE (Energy Only)
24,200
SUBTOTAL
83,545
PEAKING ENTITLEMENTS (MW)
16.1%
STONY BROOK (Oil)
25,371
_
NYPA PEAKING (Hydro)
701
SUBTOTAL
26,072
TOTAL
161,662
-2- Subsequent Town Meeting
November 8, 2004
Graph 1
Reading Municipal Light Department
Generating Resources By Type
41%
GREEN POWER RESOURCES
SOLAR POWER
0 Nuclear
p Hydro
IM System Power
Fossil
Energy Only
Solar cells that convert sunlight directly into electricity has revitalized the idea of solar energy as
a clean and free source of energy in sunny climates such as California and Arizona.
WIND POWER
Wind Power is an environmentally friendly source of energy with wind farms in operation in the
U.S.
BIOMASS
Biomass is a source of energy derived from the combustion of materials such as plants and
natural waste.
GEOTHERMAL ENERGY
Geothermal energy is power generated through the use of high temperature steam found in the
earth's crust. Areas of the world with active geysers have an abundant source of potential
energy.
LANDFILL GAS
Electricity generated using gases collected from sanitary or non-hazardous landfills.
-3- Subsequent Town Meeting
November 8, 2004
25%70
0 5101-
TIDAL AND WAVE POWER
Tidal and Wave Power operates by building a barrier across a river estuary. The tidal flow
drives the turbines to produce electricity.
HYDRO POWER UNITS
There are three types of Hydro Power plants; Run of the river, Controlled spill and Pump
storage. All three types of units operate using moving water to turn turbines that produces
electricity.
FUEL CELLS
Fuel cells are electrochemical engines that use a supply of fuel and air to generate electric power.
Energy generated from fuel cells can be considered "green power" because the fuel cell
electrochemically retrieves the fuel and air, in a clean, quiet and efficient manner. Fuel cells can
utilize natural gas, methanol, ethanol, biogas, and any other fuel that contains methane.
GREEN POWER RATE
Advertise the Rate.
Find out the Customer Interest?
What types of.Green Power is popular?
Green Power Premium
RMLD develops the Green Power Rate.
Surcharge component
Board of Commissioners set the rate
File the rate with the Massachusetts Department of Telecommunications and Energy (MDTE)
Send out RFP's to "green power" vendors or suppliers.
Need to define the market
Analyze the Bids
Determine the most economic alternative(s)
RMLD Energy Conservation Efforts
Residential Energy Audits
-4- Subsequent Town Meeting
November 8, 2004
Tier 1 and Tier 2 Activities (MDOER)
River Energy Consultants
Appliance Rebate Program
Customers receive rebates for buying energy efficient appliances (dishwashers, washing
machines, refrigerators, and room and central air conditioners).
Water Heater Rate
Customer receives lower energy rate and RMLD controls the water heater usage daily
Residential Time of Use Rate
Lower energy prices for off-peak energy usage
Industrial Time of Use Rate
Lower demand and energy prices for off peak usage
Commercial Energy Audits
RMLD shares the cost of energy audits with the customer
Commercial Energy Audits
RMLD shares the cost of lighting retrofits with the customer
ARTICLE 1- On motion by Richard W. Schubert, Chairman of the Board of Selectmen, it was
moved to table the subject matter of Article 1.
ARTICLE 2 - On motion by Richard W. Schubert, Chairman of the Board of Selectmen, it was
moved to table the subject matter of Article 2.
ARTICLE 3 - On motion by Camille W. Anthony, member of the Board of Selectmen, it was
voted to amend the FY 2005 - FY 2014, Capital Improvements Program as provided for in
Section 7-7 of the Reading Home Rule Charter by adopting a revised "Town of Reading
Massachusetts, Ten Year Capital Improvements Program, Fiscal Years 2005 through 2014" as
presented in the Warrant report.
ARTICLE 4 - On motion by Camille W. Anthony, member of the Board of Selectmen, it was
moved to indefinitely postpone the subject matter of Article 4.
ARTICLE 5 - On motion by Camille W. Anthony, member of the Board of Selectmen, it was
moved to amend the votes taken under Article 19 of the April 26, 2004 Annual Town Meeting
relating to the Fiscal Year 2005 Municipal Budget, and transfer from free cash, and appropriate
as the result of such amended votes for the operation of the Town and its government, the
following:
-5 - Subsequent Town Meeting
November 8, 2004
Account
Line
Description
Change
Revised
Bud et
C9
Human Resources Expense
+$24,000
$37,760
F6
DPW High./Equip. Maint. Ex p. - Line Painting
+$3000
$265,951
J12
Capital - Wood End School
+$100,000
$100,000
J13
Capital - Barrows School
+$200,000
$200,000
J14
Capital - RMHS
+ $350,000
$350,000
1
Vocational School District
- $6,500
$208,150
C10
Finance Department Salaries
+$10,000
$273,136
J6
Highway Equipment
+$50,000
$ 175,000
Total Amendments
$730,500
Carolyn L. Johnson, Precinct 2, made a motion to amend Article 5 by adding Line J15, Park
Improvements for $12,500.
Motion carried.
Original motion with amendment carried.
ARTICLE 6 - On motion by James Francis, Chairman of the Finance Committee, it was voted
to indefinitely postpone the subject matter of Article 6.
ARTICLE 7 - On motion by George V. Hines, member of the Board of Selectmen, it was voted
to establish a revolving fund under Chapter 44, Section 53EV2 for any or all of the following
purposes:
Using the receipts generated from the issuance of Building, Plumbing or Gas, and Wiring and
other permits for the Archstone Development and/or the Johnson Woods Development to pay the
costs of legal expenses, oversight and inspection, plan review, initial property value appraisal
and appeals, and other administrative expenses related to those developments; said expenditures
to be administered by the Town Manager, up to a total amount during Fiscal Year 2005 not to
exceed $100,000.
ARTICLE 8 - On motion by George V. Hines, member of the Board of Selectmen, it was voted
to appropriate the sum of $25,000 plus interest which represents the performance guarantee for
the construction of sidewalks, curbing, and finish course of pavement on Pierce Street, as
provided through a tripartite agreement between the Town of Reading, Gerald E. Welch, Inc, and
the Danvers Savings Bank, said performance guarantee having been taken by the Community
Planning and Development Commission on July 14, 2004, for lack of performance of the
guaranteed work.
ARTICLE 9 - On motion by Richard W. Schubert, Chairman of the Board of Selectmen, it was
voted to appropriate contributions from developers for purposes described or any other lawful
and related improvements as approved by the Town Manager, the following sums:
♦ Walkers Brook Crossing for neighborhood street/curb/sidewalk improvements - $100,000;
♦ Johnson Farms for curb and sidewalk improvements - $26,000;
♦ Johnson Farms for traffic design and/or street improvements - $100,000;
-6- Subsequent Town Meeting
November 8, 2004
♦ Johnson Farms for water system improvements - $187,000.
2/3 vote required
unanimous vote declared by Moderator
ARTICLE 10 - On motion by Gail F. Wood, member of the Board of Selectmen, it was voted
to raise by borrowing and appropriate pursuant to Chapter 44 Section 7(1) of the Massachusetts
General Laws, the sum of $209,835 for reconstructing surface drains, sewers and sewerage
systems, including the cost of consulting engineering services, designs, plans, contracts,
specifications, equipment, inspection fees, contingencies and related facilities and expenses
related thereto and necessary in connection therewith, said sum to be spent under the direction of
the Board of Selectmen; and voted to authorize the Board of Selectmen or any other agency to
file an application(s) for a grant or grants to be used to defray all or any part of said sewer
construction and/or reconstruction and related matters; and voted to authorize the Town Manager
to enter into any or all agreements as may be necessary to carry out the purpose of this Article,
including but not limited to, the applications and acceptance of a grant and a non-interest bearing
loan from the Massachusetts Water Resources Authority, and to authorize the Treasurer-
Collector, with the approval of the Board of Selectmen, to borrow pursuant to said loan.
2/3 vote required
unanimous vote declared by Moderator
ARTICLE 11- On motion by Gail F. Wood, member of the Board of Selectmen, it was
voted that the Town raise by borrowing, and appropriate pursuant to Chapter 44 Section 8(5) of
the Massachusetts General Laws the sum of five hundred seventy five thousand dollars
($575,000) for the purpose of constructing a replacement of the water main on West Street
extending approximately from County Road to approximately Willow Street, including the cost
of engineering services, plans, documents, cost estimates, bidding services and all related
expenses incidental thereto and necessary in connection therewith, said sum to be expended by
and under the direction of the Town Manager; and that the Town will authorize the Board of
Selectmen, the Town Manager, or any other agency of the Town, to apply for a grant or grants,
to be used to defray the cost of all, or any part of, said water system^improvements; and that the
Town authorize the Town Manager to enter into any and all contracts and agreements as may be
necessary to carry out the purposes of this Article.
2/3 vote required
unanimous vote declared by Moderator
ARTICLE 12 - On motion by Gail F. Wood, member of the Board of Selectmen, it was voted
that the Town raise by borrowing, and appropriate pursuant to Chapter 44 Section 8(5) of the
Massachusetts General Laws the sum of three hundred twenty five thousand dollars ($325,000)
for the purpose of constructing a replacement of the water main on Franklin Street extending
approximately from Main Street to approximately Haverhill Street, including the cost of
engineering services, plans, documents, cost estimates, bidding services and all related expenses
incidental thereto and necessary in connection therewith, said sum to be expended by and under
-7- Subsequent Town Meeting
November 8, 2004
f the direction of the Town Manager; and that the Town authorize the Board of Selectmen, the
Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to
defray the cost of all, or any part of, said water system improvements; and that the Town
authorize the Town Manager to enter into any and all contracts and agreements as may be
necessary to carry out the purposes of this Article.
2/3 vote required
unanimous vote declared by Moderator
ARTICLE 13 - On motion by Gail F. Wood, member of the Board of Selectmen, it was voted
that the Town raise by borrowing in anticipation of reimbursement from the State under Chapter
44, Section 6, Massachusetts General Laws, or pursuant to any other enabling authority the sum
of Three Hundred Sixty Seven Thousand Seven Hundred and Fifty Dollars ($367,750) for
highway projects in accordance with Chapter 90, Massachusetts General Laws.
2/3 vote required
unanimous vote declared by Moderator
ARTICLE 14 - On motion by Joseph G. Duffy, member of the Board of Selectmen, it was
moved to indefinitely postpone the subject matter of Article 14.
ARTICLE 15 - On motion by Richard W. Schubert, Chairman of the Board of Selectmen, it
was voted to authorize the Board of Selectmen to file the following or similar legislation with the
Great and General Court:
AN ACT AUTHORIZING THE CONSERVATION COMMISSION OF THE
TOWN OF READING TO GRANT CERTAIN EASEMENTS
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of same, as follows:
Section 1. The Conservation Commission of the Town of Reading may grant to the Board
of Selectmen on behalf of the Town an easement in a certain parcel of conservation land as
shown on the Town of Reading Assessor's Map 47, Parcel 4, for access and utility purposes
including the construction, maintenance and repair of sewer pipes, water, and drainage pipes, a
sewer pumping station and appurtenances thereto.
Section 2. The Conservation Commission of the Town of Reading may grant to Timothy
F. Leary and Barbara Leary, their heirs, successors and assigns, a permanent easement over a
certain parcel of conservation land as shown on the Town of Reading Assessor's Map 47, Parcel
4, the easement being approximately 540 feet in length and approximately 60 feet wide, for
access by foot and by vehicle, to one single-family dwelling located at 113 Longwood Road and
identified on the Reading Assessor's Map 58, Parcel 5 and for underground and above ground
utility connections only, and for no other purpose. This easement is for residential purposes only.
The Conservation Commission may convey this easement upon such other terms and conditions
as it deems appropriate to protect its interest in the parcel of land.
-8- Subsequent Town Meeting
November 8, 2004
Section 3. The Conservation Commission of the Town of Reading may grant to Louis
Peterson, his heirs, successors and assigns, a permanent easement over a certain parcel of
conservation land, as shown on the Town of Reading Assessor's Map 47, Parcel 4, the easement
being approximately 420 feet in length and approximately 40 feet wide, for access by foot and by
vehicle, to one single-family dwelling located at 111 Longwood Road, identified on the Town of
Reading Assessor's Map 58, Parcel 10 and for underground and above ground utility and
drainage connections only, and for no other purpose. This easement is for residential purposes
only. The Conservation Commission may convey this easement upon such other terms and
conditions as it deems appropriate to protect its interests in the parcel of land.
Section 4. The Conservation Commission of the Town of Reading may grant to Johnson
Woods Realty Corp., its heirs, successors and assigns, a permanent easement over a certain
parcel of conservation land, as shown on the Town of Reading Assessor's Map 47, Parcel 4, the
easement being approximately 300 feet in length and approximately 30 feet wide, for access by
foot and by vehicle, to one single-family dwelling to be located at the southern end of a parcel of
land identified on the Reading Assessor's Map 58, Parcel 7 and for underground and above
ground utility and drainage connections only, and for no other purpose. This easement is for
residential purposes only. The Conservation Commission may convey this easement upon such
other terms and conditions as it deems appropriate to protect its interests in the parcel of land.
Section 5. This act shall take effect upon its passage.
And, that the Town will vote pursuant to M.G.L. Chapter 40, § 15A, to authorize the
Conservation Commission to convey easements over a certain-parcel of conservation land shown
on the Town of Reading Assessor's Map 47, Parcel 4, upon the terms and conditions contained
in the special legislation together with any other terms and conditions it deems appropriate to
protect its interest in the parcel of land which authority is specifically conditioned upon the
passage of the above special legislation.
Counted Vote
Declared Unanimous by Moderator
On motion by William C. Brown, Precinct 8, it was moved to adjourn that this Subsequent Town
Meeting.
2/3 vote required
119 in the affirmative
Motion carried
-9- Subsequent Town Meeting
November 8, 2004
This Subsequent Town Meeting stands adjourned to meet at 7:30 p.m. at the Reading Memorial
High School, on Monday, November 15, 2004.
Meeting adjourned at 9:53 p.m.
173 Town Meeting Members were present.
nso
A true copy. Attest: heryl /erk
Town -10- Subsequent Town Meeting
November 8, 2004
SUBSEQUENT TOWN MEETING
Reading Memorial High School November 15, 2004
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:40 p.m., there being a
quorum present.
The Invocation was given by Philip B. Pacino, Precinct 5, followed by the Pledge of Allegiance
to the Flag.
ARTICLE 1 - On motion by George V. Hines, member of the Board of Selectmen, it was voted
to take Article 1 from the table.
ARTICLE 1 - Alan E. Foulds, presented Town Meeting with the following annual report of the
Rules Committee:
Pursuant to the Charter the Town Meeting Rules Committee attempted to meet on October 4,
2004 to review and make recommendations on possible changes in the conduct of Town
Meeting.
The meeting was not held, due to a lack of quorum. The issue of future meetings, however, was
informally discussed, among those in attendance.
It was decided to formalize the Rules Committee schedule. The committee will meet at least
twice a year. Each meeting will be scheduled for the first Monday or Thursday night after town
meeting adjourns. One will be held following the Annual Meeting in the Spring, and the other
will be held in the Fall, after the Subsequent Meeting. The reasoning behind the dates chosen is
that Town Meeting will be fresh in the minds of the committee members. Thus, the next meeting
of the Rules Committee - assuming Town Meeting ends tonight - will be held this Thursday
evening, November 18, at the Conference Room at the Town Hall.
Point of Personal Privilege requested by Mary Ellen O`Neill, Precinct 6 thanking Vinnie
Cameron for his Reading Memorial Light Department report and clarifying that fossil fuels are
coal, oil or gas.
ARTICLE 16 - On motion by George V. Hines, member of the Board of Selectmen, it was
voted to amend Article 2 of the Reading Home Rule Charter in accordance with the
recommendations of the Charter Review Committee which are attached to this Warrant as part of
Appendix 4 and which are incorporated by reference into this motion.
2/3 vote required
122 voted in the affirmative
1 voted in the negative
ARTICLE 16 - On motion by George V. Hines, member of the Board of Selectmen, it was
voted to amend Article 3 of the Reading Home Rule Charter in accordance with the
recommendations of the Charter Review Committee which are attached to this Warrant as part of
Appendix 4 and which are incorporated by reference into this motion.
2/3 vote required
No opposition
Unanimous vote declared by Moderator
ARTICLE 16 - On motion by George V. Hines, member of the Board of Selectmen, it was
moved to amend Article 4-4 of the Reading Home Rule Charter in accordance with the
recommendations of the Charter Review Committee which are attached to this Warrant as part of
Appendix 4 and which are incorporated by reference into this motion.
Standing Vote Requested
2/3 vote required
86 voted in the affirmative
45 voted in the negative
Motion does not carry.
ARTICLE 16 - On motion by George V. Hines, member of the Board of Selectmen, it was
voted to amend Article 4-1 through Article 4-3, and Article 4-5 through Article 4-10 of the
Reading Home Rule Charter in accordance with the recommendations of the Charter Review
Committee which are attached to this Warrant as part of Appendix 4 and which are incorporated
by reference into this motion.
2/3 vote required
Unanimous vote declared by Moderator
ARTICLE 16 - On motion by George V. Hines, member of the Board of Selectmen, it was
voted to amend Article 5 of the Reading Home Rule Charter in accordance with the
recommendations of the Charter Review Committee which are attached to this Warrant as part of
Appendix 4 and which are incorporated by reference into this motion.
2/3 vote required
93 voted in the affirmative
34 voted in the negative
ARTICLE 16 - On motion by George V. Hines, member of the Board of Selectmen, it was
voted to amend Article 6 of the Reading Home Rule Charter in accordance with the
recommendations of the Charter Review Committee which are attached to this Warrant as part of
Appendix 4 and which are incorporated by reference into this motion.
2/3 vote required
105 voted in the affirmative
16 voted in the negative
ARTICLE 16 - On motion by George V. Hines, member of the Board of Selectmen, it was
moved to amend Article 7 of the Reading Home Rule Charter in accordance with the
-2- Subsequent Town Meeting
November 15, 2004
recommendations of the Charter Review Committee which are attached to this Warrant as part of
Appendix 4 and which are incorporated by reference into this motion.
On amendment by William C. Brown, Precinct 8, it was moved to amend Article 16 - Article 7
of the Reading Horne Rule Charter by deleting in line 3 the words "into or".
Motion to amend did not carry.
Original Motion
2/3 vote required
22 voted in the affirmative
94 voted in the negative
Original Motion did not carry.
ARTICLE 16 - On motion by George V. Hines, member of the Board of Selectmen, it was
voted to amend Article 8 of the Reading Home Rule Charter in accordance with the
recommendations of the Charter Review Committee which are attached to this Warrant as part of
Appendix 4 and which are incorporated by reference into this motion.
2/3 vote required
106 voted in the affirmative
0 voted in the negative
Point of Personal Privilege requested by Town Manager - RCTV put on probation - money
designated by Comcast for RCTV is being held by Town and distributed by Town.
On motion by William C. Brown, Precinct 8, it was moved to adjourn that this Subsequent Town
Meeting.
Motion carried.
This Subsequent Town Meeting stands adjourned to meet at 7:30 p.m. at the Reading Memorial
High School, on Thursday, November 18, 2004.
Meeting adjourned at 10:48 p.m.
143 Town Meeting Members were present.
nso
n
A true copy. Attest: Cheryl /erk
Town -3- Subsequent Town Meeting
November 15, 2004
SUBSEQUENT TOWN MEETING
Reading Memorial High School November 18, 2004
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:50 p.m., there being a
quorum present.
The Invocation was given by Anthony L. Rickley, Precinct 2, followed by the Pledge of
Allegiance to the Flag.
ARTICLE 17 - On motion by Gail F. Wood, member of the Board of Selectmen, it was voted to
amend the General Bylaws of the Town of Reading by adding the following language as Section
5.18:
The Town of Reading hereby establishes a Local Historic District, to be administered by
a Historic District Commission as provided for under Chapter 40C of the General Laws, as
amended.
5.18.1 PURPOSE
The purpose of this bylaw is to promote the economic, educational, cultural and
general welfare of the inhabitants of the Town of Reading through: (1) the preservation and
protection of the distinctive characteristics and architecture of Buildings and places
significant in the history of the Town of Reading; (2) maintaining and improving of the
settings of these Buildings and places; and (3) the encouragement of building design
compatible with the Buildings existing in the area, so as to maintain the historic character of
residences or commercial enterprises which distinguish the town as a desirable community.
5.18.2 DEFINITIONS
The terms defined in this section shall be capitalized throughout this bylaw. Where a
defined term has not been capitalized, it is intended that the meaning of the term be the same
as the meaning ascribed to it in this section unless another meaning is clearly intended by its
context. As used in this bylaw, the following terms shall have the following meaning:
ALTERATION, TO ALTER
The act or the fact of rebuilding, reconstruction, restoration, replication, removal, demolition,
and other similar activities.
BUILDING
A combination of materials forming a shelter for persons, animals or property.
CERTIFICATE
A Certificate of Appropriateness, a Certificate of Non-Applicability, or a
Certificate of Hardship as set forth in this bylaw.
COMMISSION
The Historic District Commission as established in this bylaw.
CONSTRUCTION, TO CONSTRUCT
The act or the fact of building, erecting, installing, enlarging, moving and other similar
activities.
DISPLAY AREA
The total surface area of a sign, including all lettering, wording, designs, symbols,
background and frame, but not including any support Structure or bracing incidental to the sign.
The Display Area of an individual letter sign or irregular shaped sign shall be the area of the
smallest rectangle into which the letters or shape will fit. Where sign faces are placed back to
back and face in opposite directions, the Display Area shall be defined as the area of one face of
the sign.
DISTRICT
The Local Historic District as established in this bylaw consisting of one or more District
areas.
EXTERIOR ARCHITECTUAL FEATURE
Such portion of the exterior of a Building or structure as is open to view from a Public Way
or ways, including but not limited to architectural style and general arrangement and setting
thereof, the kind and texture of exterior building materials, and the type and style of
windows, doors, lights, signs and other appurtenant exterior fixtures.
PERSON AGGRIEVED
The applicant; an owner of adjoining property; an owner of property within the same
District area; an owner of property within 100 feet of said District area; and any legal entity in
which one of its purposes is the preservation of historic places, structures, buildings or Districts.
PUBLIC WAY '
This term shall include Public Ways, public streets, public parks, and public bodies of water.
The term "Public Way," however, shall not include a footpath, cart path or any easement or
right of way that does not constitute a Public Way or public street.
STRUCTURE
A combination of materials other than a Building.
TEMPORARY STRUCTURE OR BUILDING
A Building not to be in existence for a period of more than two years. A Structure not to be
in existence for period of mote than one year. The Commission may further limit the time
periods set forth herein as it deems appropriate.
5.18.3 DISTRICT
The District shall consist of one or more District areas as listed in Section 5.18.13
(Appendices) of this bylaw.
5.18.4 COMMISSION COMPOSITION AND APPOINTMENTS
5.18.4.1 The District shall be overseen by a Commission consisting of five (5) members,
to be appointed by the Board of Selectmen, one member initially to be appointed for one
year, two for two years, and two for three years, and each successive appointment to be made
for three years.
5.18.4.2 The Commission shall include, if possible, one member from one or more
nominees solicited from the Reading Antiquarian Society, one member from one or more
nominees solicited from the chapter of the American Institute of Architects covering
Reading; one member from one or more nominees from the Board of Realtors covering
Reading; one or two property owners from the District area; one member nominated by the
Reading Historical Commission. If within thirty days after submission of a written request
-2- Subsequent Town Meeting
November 18, 2004
for nominees to any of the organizations herein named insufficient nominations have been
i made, the Board of Selectmen may proceed to make appointments as it desires.
5.18.4.3 The Board of Selectmen may appoint up to four alternate members to the
Commission. In the case of the absence, inability to act or unwillingness to act because of
self-interest on the part of a regular member of the Commission, his or her place shall be
taken by an alternate member designated by the Chairman. Said alternate members shall
initially be appointed for terms of one or two years, and for three year terms thereafter.
5.18.4.4 Each member and alternate member shall continue to serve in office after the
expiration date of his or her term until a successor is duly appointed.
5.18.4.5 Meetings of the. Commission shall be held at the call of the Chairman, at the
request of two members and in such other manner as the Commission shall determine in its
Rules and Regulations.
5.18.4.6 Three members of the Commission shall constitute a quorum.
5.18.5 COMMISSION POWERS AND DUTIES
5.18.5.1 The Commission shall exercise its powers in administering and regulating the
Construction and Alteration of any Structures or Buildings within the District as set forth
under the procedures and criteria established in this bylaw. In exercising its powers and
duties hereunder, the Commission shall pay due regard to the distinctive characteristics of
each Building, Structure, and District area.
5.18.5.2 The Commission may adopt, and from time to time amend, reasonable Rules and
Regulations not inconsistent with the provisions of this bylaw or Chapter 40C of the General
Laws, setting forth such forms and procedures as it deems desirable and necessary for the
regulation of its affairs and conduct of its business, including requirements for the contents
and forms of applications for Certificates, fees, hearing procedures and other matters. The
Commission shall file a copy of any rules and regulations with the office of the Town Clerk.
5.18.5.3 The Commission, after a public hearing duly posted and advertised at least
fourteen days in advance in a conspicuous place in Town Hall and in a newspaper of general
circulation in Reading, shall adopt and from time to time amend guidelines which set forth
the designs and descriptions for certain exterior architectural features which are, in general,
suitable for the issuance of a Certificate to present other designs to the Commission for
approval. No such design guidelines shall limit the right of an applicant for a Certificate to
present other designs to the Commission for approval.
5.18.5.4 The Commission shall at the beginning of each fiscal year hold an organizational
meeting and elect a Chairman, a Vice Chairman and Secretary, and file notice of such
election with the office of the Town Clerk.
5.18.5.5 The Commission shall follow Town operating procedures for its keeping its
resolutions, transactions, decisions and determinations.
5.18.5.6 The Commission shall undertake educational efforts to explain to the public and
property owners the merits and functions of a District, to the extent that time and
appropriations allow.
-3 - Subsequent Town Meeting
November 18, 2004
5.18.6 ALTERATIONS AND CONSTRUCTION PROHIBITED WITHOUT A
CERTIFICATE
5.18.6.1 Except as this bylaw provides, no Building or Structure or part thereof within a
District shall be Constructed or Altered in any way that affects the exterior architectural
features as visible from a Public Way, unless the Commission shall first have issued a
Certificate with respect to such Construction or Alteration.
5.18.6.2 No building permit for Construction of a Building or Structure or for Alteration of
an exterior architectural feature within a District and no demolition permit or removal of a
Building or Structure within a District shall be issued by the Town or any department thereof
until a Certificate as required under this bylaw has been issued by the Commission.
5.18.7 PROCEDURES FOR REVIEW OF APPLICATIONS
5.18.7.1 Any person who desires to obtain a Certificate from the Commission shall file
with the Commission an application for a Certificate of Appropriateness, or Non-
Applicability or of Hardship, as the case may be. The application shall be accompanied by
such plans, elevations, specifications, material and other information, including in the case of
demolition or removal, a statement of the proposed condition and appearance of the property
thereafter, as may be reasonably deemed necessary by the Commission to enable it to make a
determination on the application. The Commission shall determine whether said application
involves any exterior architectural features which are within the jurisdiction of the
Commission.
5.18.7.2 The Commission shall determine within fourteen (14) days of receiving an
application for a Certificate whether said application involves any exterior architectural
features which are within the jurisdiction of the Commission.
5.18.7.3 If the Commission determines that an application for a Certificate does not
involve any exterior architectural features, or involves an exterior architectural feature that is
not subject to review by the Commission under the provisions of this bylaw, the Commission
shall forthwith issue a Certificate of Non-Applicability.
5.18.7.4 If the Commission determines that such application involves any exterior
architectural feature subject to review under this bylaw, it shall hold a public hearing on the
application, except as may otherwise be provided in the bylaw. The Commission shall hold
such a public hearing within forty-five (45) days from the date of receiving the application.
At least fourteen (14) days before said hearing, notice shall be given by posting in a
conspicuous place in Town Hall and in a newspaper of general circulation in Reading.
Concurrently, a copy of said public notice shall be mailed to the applicant; to the owners of
all properties within 300 feet, and of other properties deemed by the Commission to be
materially affected thereby, all as they appear on the most recent applicable tax list; to the
Community Planning and Development Committee; to the Historical Commission; to any
person filing a written request for notice of hearings, such request to be renewed yearly in
December; and to such other persons as the Commission shall deem entitled to notice. The
applicant is responsible for the costs of the mailing and advertising.
-4- Subsequent Town Meeting
November 18, 2004
- 5.18.7.5 A public hearing on an application for a Certificate may be waived if the
Commission determines that the exterior architectural feature involved, or its category, is so
insubstantial in its effect on the District that it may be reviewed by the Commission without a
public hearing. If the Commission dispenses with a public hearing on application for a
Certificate notice of such application shall be given to the owners of all property within 300
feet and of other property deemed by the Commission to be materially affected thereby as
above provided, and ten (10) days shall elapse after the mailing of such notice before the
Commission may act upon such application and after considering any responses.
5.18.7.6. Within sixty (60) days after the filing of an application for a Certificate, or within
such further time as the applicant may allow in writing, the Commission shall issue a
Certificate or disapproval. In the case of a disapproval of an application for a Certificate, the
Commission shall set forth in writing the reasons for such disapproval. The Commission may
include in its disapproval specific recommendations for changes in the applicant's proposal
with respect to the appropriateness of design, arrangement, texture, material and similar
features which, if made and filed with the Commission in a subsequent application would
make the application acceptable to the Commission.
5.18.7.7. The concurring vote of three (3) members shall be required to issue a Certificate.
5.18.7.8 In issuing Certificates, the Commission may, as it deems appropriate, impose
certain conditions and limitations, and may require architectural or plan modifications
consistent with the intent and purpose of this bylaw and the Commission's Guidelines.
5.18.7.9 If the Commission determines that the Construction or Alteration for which an
application for a Certificate of Appropriateness has been filed will be appropriate for or
compatible with the preservation or protection of the District, the Commission shall issue a
Certificate of Appropriateness.
5.18.7.10 If the Construction or Alteration for which an application for a Certificate of
Appropriateness has been filed shall be determined to be inappropriate and therefore
disapproved, or in the event of an application for a Certificate of Hardship, the Commission
shall determine whether, owing to the conditions especially affecting the Building or
Structure involved, but not affecting the District generally, failure to approve an application
will involve a substantial hardship, financial or otherwise, to the applicant and whether such
application may be approved without substantial detriment to the public welfare and without
substantial derogation from the intent and purposes of this bylaw. If the Commission
determines that owing to such conditions failure to approve an application will, involve
substantial hardship to the applicant and approval thereof may be made without such
substantial detriment or derogation, the Commission shall issue a Certificate of Hardship.
5.18.7.11 The Commission shall send a copy of its disapprovals and Certificates, including
any conditions or limitations, to the applicant and shall file a copy of its disapprovals and
Certificates, including any conditions or limitations, with the office of the Town Clerk and
the Building inspector. The date of issuance of a Certificate or disapproval shall be the date
of the filing of a copy of such Certificate or disapproval with the office of the Town Clerk.
-5- Subsequent Town Meeting
November 18, 2004
5.18.7.12 If the Commission should fail to issue a Certificate or a disapproval within sixty
(60) days of the filing of the application for a Certificate, or within such further time as the
applicant may allow in writing, the Commission shall thereupon issue a Certificate of
Hardship due to failure to act.
5.18.7.13 Each Certificate issued by the Commission shall be dated and signed by its
Chairman or such other person designated by the Commission to sign such Certificates on its
behalf.
5.18.7.14 A Person Aggrieved by a determination of the Commission may, within twenty
(20) days of the issuance of a Certificate or disapproval, file a written request with the
Commission for a review by a person or persons of competence and experience in such
matters, acting as arbitrator and designated by the Boston Metropolitan Area Planning
Agency. The finding of the person or persons making such review shall be filed with the
Town Clerk within forty-five (45) days after the request, and shall be binding on the
applicant and the Commission, unless a further appeal is sought in the Superior Court as
provided in Section 12A of Chapter 40C of the General Laws. The filing of such further
appeal shall occur within twenty (20) days after the finding of the arbitrator has been filed
with the office of the Town Clerk.
5.18.8 CRITERIA FOR DETERMINATIONS
5.18.8.1 In deliberating on applications for Certificates, the Commission shall consider,
among other things, the historic and architectural value and significance of the site, Building
or Structure; the general design, proportions, detailing, mass, arrangement, texture, and
material of the exterior architectural features involved; and the relation of such exterior
architectural features to similar features of Buildings and Structure in the surrounding area.
5.18.8.2 In the case of new Construction or additions to existing Buildings or Structures,
the Commission shall consider the appropriateness of the scale, shape, siting and proportions
of the Building or Structure both in relation to the land area upon which the Building or
Structure is situated and in relation to Buildings and Structures in the vicinity. The
Commission may in appropriate cases impose dimensional and setback requirements in
addition to those required by applicable statute or bylaw.
5.18.8.3 The Commission shall not consider interior arrangement or architectural features
not subject to view from a Public Way.
5.18.8.4 The Commission shall not consider uses for the Building or Structure.
5.18.8.5 When ruling on applications for Certificates on solar energy systems as defined in
Section lA of Chapter 40A of the General Laws, the Commission shall consider the policy of
the Commonwealth of Massachusetts to encourage the use of solar energy systems and to
protect solar access.
5.18.9 EXCLUSIONS
5.18.9.1 The Commission shall exclude from its purview the following:
-6- Subsequent Town Meeting
November 18, 2004
5.18.9.1.1 Temporary Buildings, Structures, or signs, subject, however, to conditions
pertaining to the duration of existence and use, location, lighting, removal and similar matters
as the Commission may reasonably specify.
5.18.9.1.2 Terraces, walks, driveways, sidewalks and similar Structures, provided that any
such Structure is substantially at grade level.
5.18.91.3 Storm windows and doors, screen windows and doors, shutters, and window and
wall air conditioners.
5.18.9.1.4 The color of exterior paint or the color of materials used on roofs.
5.18.9.1.5 Flagpoles, sculpture, mailboxes (freestanding or attached), window
boxes, gutters and leaders, house numbers, and garden fiuniture.
5.18.9.1.6 Buildings that are less than 70 years old are exempt from review of Alterations
and additions, unless the Alterations affect more than 25 percent of any fagade visible from a
Public Way or unless any addition visible from a public way increase such Buildings by
more than 25 percent.
5.18.9.1.7 The reconstruction, substantially similar in exterior design, of a Building,
Structure, or exterior architectural feature damaged or destroyed by fire, storm or other
disaster, provided such reconstruction is begun within two years thereafter and carried
forward with due diligence.
v 5.18.9.2 Upon request, the Commission shall issue a Certificate of Non-Applicability with
I respect to Construction or Alteration in any category not subject to review by the
Commission in accordance with the above provisions.
5.18.9.3 Nothing in this bylaw shall be construed to prevent the ordinary maintenance,
repair or replacement of any exterior architectural feature within a District which does not
involve a change in design, material or the outward appearance thereof, nor to prevent
landscaping with plants, trees or shrubs, nor construed to prevent the meeting of
requirements certified by a duly authorized public officer to be necessary for public safety
because of an unsafe or dangerous condition, nor construed to prevent any Construction or
Alteration under a permit duly issued prior to the effective date of this bylaw.
5.18, 10 CATEGORICAL APPROVAL
Additional Exclusions: Certain categories of exterior architectural features may be
Constructed or Altered without review by the Commission, provided such Construction or
Alteration do not substantially derogate the intent and purposes of the District and of Chapter
40C of the General Laws. The Commission may, upon conducting a public hearing, exclude
from its purview exterior architectural features, in addition to those listed in Section 9. 1,
which it determines do not significantly impact the purpose of the District.
5.18.11 ENFORCEMENT AND PENALTIES
5.18.11.1 The Commission shall determine whether a particular activity is in violation
of this bylaw, and the Commission shall be charged with the non-criminal enforcement of
-7- Subsequent Town Meeting
November 18, 2004
this bylaw, and seeking civil enforcement under Section 12A of the General Laws, after
obtaining the necessary authority to do so.
5.18.11.2 The Commission may designate the Building Inspector to pursue non-criminal
disposition under Section 21D of the General Laws, under direction of the Commission.
5.18.11.3 The Commission, upon a written complaint of any resident of Reading, or
owner of property within Reading, or upon its own initiative, shall institute any appropriate
action or proceedings in the name of the Town of Reading to prevent, correct, restrain or
abate a violation of this bylaw. In the case where the Commission is requested in writing to
enforce this bylaw against any person allegedly in violation of same and the Commission
declines to act, the Commission shall notify, in writing, the party requesting such
enforcement of any action or refusal to act and the reasons therefore, within twenty one (21)
days of receipt of such request.
5.18.11.4 Whoever violated any of the provisions of this bylaw shall be punishable for
each offense by a fine to be determined by the Commission in accordance with the range of
fines determined by Chapter 40C of the General Laws. Each day during any proportion of
which such violation continues to exist shall constitute a separate offense.
5.18.12 VALIDITY AND SEPARABILITY
The provisions of this bylaw shall be deemed to be separable. If any of its provisions,
sections, subsections, sentences or clauses shall be held to be invalid or unconstitutional
by any court of competent jurisdiction, the remainder of this bylaw shall continue to be in
full force and effect.
5.18.13 APPENDICES
Appendix 1: West Street Local Historic District
The West Street Local Historic District shall be a District area under this bylaw. The
location and boundaries of the West Street Local Historic District are defined and shown on the
Local Historic District Map of the Town of Reading, which is part of this bylaw and shown as
exhibit of district boundaries dated August 16, 2004. The delineation of the District area
boundaries is based on the parcel boundaries then in existence and shown therein.
ARTICLE 1 - Clayton Jones, Chairman of ad hoc West Street Local Historic District Study
Committee, presented the following Final Report of Progress:
Summary
The committee wrote a draft bylaw that would set up the authority for Local Historic
Districts in Reading and would designate 66 properties along West Street as a District. The
proposed bylaw is allowed under Mass. Law Chapter 40C and was submitted to Town Meeting
under Article 17 of the Reading Subsequent Town Meeting of 2004. Submitted by Clayton
Jones, chairman; Sharlene Reynolds-Santo, secretary; Sally Hoyt; Gail Wood; Everett Blodgett;
Virginia Adams.
- 8 - Subsequent Town Meeting
November 18, 2004
Process of the Study Committee's Work
In May, 2003, the Board of Selectmen appointed seven volunteers from various
disciplines and from among West Street residents to an Ad Hoc West Street Local Historic
District Study Committee. With the aid of the Massachusetts Historical Commission and the
town's Historical Commission, the committee gathered relevant materials and examined other
towns' by-laws and guidelines for their Local Historic Districts. It conducted two site reviews on
West Street, on Jun rd and 9th, 2003, with coverage by the press. A survey was delivered to
residents of the proposed district in June of 2003. There were no negative responses. Reports of
progress were made to the Board of Selectmen and were broadcast on local cable television. Two
informational meetings were then held in September 2004 prior to a Public Hearing on October
26.
Key recommendation
The committee's proposed by-law would set up a Local Historic District along a portion
of West Street, from County Road to Fremont Street, encompassing 66 properties, and empower
a five-member District Commission, appointed by the Selectmen, to review planned alterations
for certain types of exterior architectural features - and only features as seen from a public way.
Many aspects of a house alteration would not be reviewed, such as the outside color,
landscaping, mailboxes, or ordinary maintenance and repair.
Justification for a West Street Historic District
Reading is a rare community in its architecture and history. Few Massachusetts towns
have so many houses whose styles and construction methods span nearly three centuries. West
Street strongly reflects that heritage. In addition, it is the site of the original settlement, around
the mid-1600s, in what is today modern Reading. And it was the place where the Reading militia
gathered on April 19"', 1775, before marching off to the Battle of Lexington and Concord.
The establishment of a West Street Historic District would provide both a town-wide
recognition of the street's importance to Reading's history and some safeguards to the new
pressures of development facing the street's homeowners. At least 1,000 new residents and their
vehicles will soon be using West Street as a number of big projects are being developed. These
projects include Spence Fan- /Archstone, Longwood Poultry Farm/Johnson Woods and InWood
Park.
While the adoption of a Local Historic District would be new to Reading, over 100 cities
and towns in Massachusetts have established them over many decades, ever since the state
passed a law in 1960 allowing such districts. Among the nearby towns with Districts are: North
Reading, Andover, Topsfield, Danvers, Melrose, Concord and Billerica.
Unlike many Historic Districts that preserve neighborhoods of particular architectural
periods, houses in this proposed District represent Reading's diverse and progressive evolution
of housing for more than 250 years. The homes were often designed and constructed in
_ vernacular ways, creating a streetscape that reflects a long legacy of both the simple and elegant,
-9- Subsequent Town Meeting
November 18, 2004
from the true colonial of the mid-1700's through the Greek Revival and Victorian periods to the
various 20th-century styles. The architectural diversity reflects how West Street has grown from
an 18th-century fanning village to a mature 21S`-century suburb.
The Town's 1991 Master Plan encouraged the establishment of a Historic District
somewhere in Reading as a way to maintain and enhance the unique features of the town, and the
recommendation is being considered again for inclusion in the next Master Plan. The
Massachusetts Historical Commission recently commended Reading for recognizing the need for
a Local Historic District. And various town bodies have endorsed this proposal for West Street.
Establishing this District would help enhance neighborhood stability and would continue
- but not necessarily preserve for all time - West Street's architectural heritage. It would build
community pride in a visual legacy that succeeding generations could appreciate. And according
to state officials, studies around the country suggest that property values increase faster in
historic districts. One impetus for this proposed District is the coming loss of several old homes
to the Archstone apartment complex, and the recent near-loss of two of the street's historic
houses.
The study committee carefully drafted a bylaw, based on a model bylaw provided by the
state, that is not meant to stop change, or freeze houses as they are. They are to guide exterior
alterations according to well-established principles of historic preservation and to allow houses
to adapt to contemporary needs and requirements. By incorporating a number of exemptions that
would not unduly harm the overall character of a District, the study committee agreed that the
burden on property owners would be minimal while relieving the District Commission of an
overwhelming amount of reviews.
In addition, the Selectmen would be required to consider candidates for the District
Commission who come with expertise in architecture, preservation, real estate, or who live on
the street.
This by-law was carefully drafted to balance property rights and the Town's wider
interest in safeguarding a historic neighborhood. While this District would bring some regulatory
burden to homeowners, over time it would enhance all properties and the street itself, while
ensuring a visual recognition of Reading's rich heritage.
A homeowner who plans changes to certain house features as seen from the street would
need to apply to the commission to see if they need a certificate of approval. In the experience of
other towns, a public hearing is not always necessary, and the vast majority of applications are
quickly approved. New designs may not be discouraged if they are compatible or appropriate
with existing structures.
Boundaries for the District
The study committee defined the boundaries of a West Street Historic District by
selecting a group of homes that are most contiguous to each other across the street and best
reflect the range of historic styles. Eleven of the homes are already on the Town's inventory of
_10- Subsequent Town Meeting
November 18, 2004
significant structures, and five of them are listed on the National Register of Historic Places. Any
houses on side streets whose property touches West Street and are architecturally significant
were also included. This streetscape, uninterrupted by severe topographical changes, made for a
natural selection of boundaries.
On motion by Gail F. Wood, member of the Board of Selectmen, to amend typographical error in
Article 17, Section 5.17 to read as Section 5.18 throughout. Town Meeting accept this and
Moderator accepted this change as part of the original motion.
On motion by William C. Brown, Precinct 8, it was moved to amend Article 17 Section 5.18.7.4
by deleting the last line that states: "The applicant is responsible for the costs of this mailing and.,
advertising."
Motion to amend did not carry.
On motion by Neil F. Cohen, Precinct 4, it was requested to move the question.
2/3 vote required
69 voted in the affirmative
43 voted in the negative
The motion to move the question did not carry.
2/3 vote required
91 voted in the affirmative
21 voted in the negative
Original Motion carried.
ARTICLE 18 - On motion by Jonathan E. Barnes, member the Community Planning and
Development Commission, it was voted to amend the Zoning By-Laws of the Town of Reading
by adding the following language to Section 4.3.3:
4.3.3.12.1 Waiver of Site Plan
The Community Planning and Development Commission may waive with or without
conditions the requirement for site plan review for any of the following three reasons:
a. The construction, expansion or alteration only involves the interior renovation of an existing
space and the proposed changes will not result in an adverse impact in the areas described in
Section 4.3.3.5. or 4.3.3.6.
b. The proposed change in use is in the same use category and will not result in an adverse
impact in the areas described in Section 4.3.3.5. or 4.3.3.6.
c. The property has undergone site plan review and approval within the past five years and the
proposed changes will not result in an adverse impact in the areas described in Section
4.3.3.5 or 4.3.3.6.
- 11 - Subsequent Town Meeting
November 18, 2004
If the Community Planning and Development Commission does not act within 30 days of
receiving a complete waiver request, the waiver shall be deemed granted.
2/3 vote required
105 voted in the affirmative
4 voted in the negative
ARTICLE 19 - On motion by Jonathan E. Barnes, member the Community Planning and
Development Commission, it was voted to amend the Zoning By-Laws of the Town of Reading
by adding the following language to Section 4.3.3:
4.3.3.12.2 Waiver of Loading Zone Space Requirements
The Community Planning and Development Commission may waive the requirements of
6.1.1.3 as to the number of loading zone spaces, provided there is no adverse impact in the areas
described in Section 4.3.3.6., or take any other action with respect thereto.
2/3 vote required
106 voted in the affirmative
1 voted in the negative
ARTICLE 2 - On motion by Ronald M. Daddario, Precinct 6, it was voted to remove Article 2
from the table.
ARTICLE 2 - Ronald M. D'addario, Precinct 6, presented the following instructional motion:
Town Meeting asks the Reading Municipal Light Department to continue its research into a
greater use of green energy. With global warming encroaching on our environment, it is
essential that we begin to utilize energy sources that do not contribute to increasing global
warming. Please report your findings at our next town meeting. Thank you.
On motion by Richard W. Schubert, Chairman of the Board of Selectmen, it was voted that this
Subsequent Town Meeting stand adjourned sine die at 9:35 p.m.
121 Town Meeting Members were present.
A true copy. Attest:
Aileen A. Shaw
Assistant Town Clerk
-12- Subsequent Town Meeting
November 18, 2004