HomeMy WebLinkAbout2004-03-02 Annual Town Election WarrantCOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on February 12, 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 Alice M. Barrows School, 16 Edgemont Avenue
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Charles Mobil on the Run, 1330 Main Street
The date of posting being not less than fourteen (14) days prior to March 2, 2004, the
date set for the Local Election in this Warrant.
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue of February 16, 2004.
Thomas H. Fre man, Constable
A true copy. Attest:
eryl A Johnson, own Clerk
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TOWN WARRANT
(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 following place designated for the eight precincts in said
Town; namely:
Precincts 1 2 3 4 5 6 7 and 8
Hawkes Field House 62 Oakland Road
TUESDAY, the SECOND DAY OF MARCH, A.D., 2004
from 7:00 a.m. to 8:00 p.m. to act on the following Articles, viz:
ARTICLE 1 To elect by ballot the following Town Officers:
A Moderator for one year;
Two members of the Board of Selectmen for three years;
_ One member of the Board of Assessors for three years;
Two members of the Board of Library Trustees for three years;
Two members of the Municipal Light Board for three years;
Two members of the School Committee for three years;
One member of the School Committee for one year;
and sixty nine Town Meeting Members shall be elected
to represent each of the following precincts:
Precinct 1 Eight members for three years; One member
for one year;
Precinct 2
Eight members for three years; One member
for two years; One member for one year;
Precinct 3
Eight members for three years; One member
for two years; One member for one year;
Precinct 4
Eight members for three years;
Precinct 5
Eight members for three years;
Precinct 6
Eight members for three years;
Precinct 7
Eight members for three years;
Precinct 8
Eight members for three years;
Question 1 - Charter Amendment
Shall the Town approve an amendment to the Reading Home Rule Charter by adding
the following language to Section 3-5:
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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 shall 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 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)."
Yes
No
Question 2 - Capital Exclusion - Franklin Street Sidewalks
Shall the Town of Reading be allowed to assess an additional $483,000 in real estate
and personal property taxes, pursuant to G.L. c.59, §21 C(iy/2), for the purpose of
designing and constructing sidewalks, curbing and related improvements on Franklin
Street west of Main Street and on abutting streets as necessary for the purpose of
providing pedestrian access to the new elementary school being constructed at the end
of Sunset Rock Lane, including the costs of engineering fees, plans, documents, cost
estimates, and related expenses incidental thereto and necessary in connection
therewith, for the fiscal year beginning July 1, 2004?
Yes
No
and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading
on
MONDAY, the TWENTY-SIXTH DAY OF APRIL A.D., 2004
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at seven-thirty o'clock in the evening, at which time and place the following Articles are
to be acted upon and determined exclusively by Town Meeting Members in accordance
with the provisions of the Reading Home Rule Charter.
ARTICLE 2 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, Town Manager and any other Board
or Special Committee.
Board of Selectmen
ARTICLE 3 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 4 To see if the Town will vote to amend the FY 2004 - FY 2013
Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule
Charter and as previously amended, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 5 To see if the Town will vote to authorize the Board of Selectmen to
sell, or exchange, or dispose of, upon such terms and conditions as they may determine,
various items of Town tangible property, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 6 To see if the Town will vote to authorize the payment during Fiscal
Year 2003 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 7 To see if the Town will vote to amend one or more of the votes
taken under Article 13 of the Warrant of the Annual Town Meeting of April 28, 2003, as
amended by Article 5 of the Subsequent Town Meeting of November 10, 2003, relating
to the Fiscal Year 2004 municipal budget, and to 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
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ARTICLE 8 To see if the Town will vote to approve 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 9 To see what sum the Town will vote to establish revolving funds
under Chapter 44, Section 53EY2 for any or all of the following purposes:
♦ Using the receipts generated through the sale of compost and recycling bins
to purchase additional compost and/or recycling bins;
♦ Administering the consultant fee provision of Reading General Bylaws Section
5.7, Wetland Protection;
♦ Using all or part of the receipts generated from the issuance of Building, Plumbing
or Gas and Wiring permits for the Walkers Brook Crossing Development to pay
the costs of oversight and inspection of the development on that site;
and to pay for related expenditures, and to determine the total amount of expenditures
during Fiscal Year 2004 which may be made from each such fund, or take any other
action with respect thereto.
Board of Selectmen
ARTICLE 10 To see what sum the Town will raise by borrowing or transfer from
available funds or otherwise and appropriate for the purpose of designing and
constructing sidewalks, curbing and related improvements on Franklin Street west of
Main Street and on abutting streets as necessary for the purpose of providing pedestrian
access to the new elementary school being constructed at the end of Sunset Rock Lane,
as approved by the passage of a capital exclusion referendum question under General
Laws, Chapter 59, Section 21 C on March 2, 2004, or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 11 To see if the Town will amend the General Bylaws of the Town of
Reading by approving the regulation of the keeping, storing, using, manufacturing,
selling, handling, and disposing of crude petroleum or any crude petroleum products
within the Town of Reading; or take any action relative thereto.
5.17 Storing and Handling of Crude Petroleum or Any Crude Petroleum
Products
5.17.1 Authority
The Town of Reading adopts this Bylaw under its home rule powers; its
constitutional police powers to protect the public health, safety, and welfare; and under
Section 21 of Chapter 40 of the General Laws, which provides that a town may make
bylaws that are conducive to its welfare. In addition, Section 9 of Chapter 148 of the
General Laws authorizes the Town to adopt and enforce a bylaw for the keeping,
storing, using, manufacturing, selling, handling, or disposing of crude petroleum or any
of its products, not inconsistent with the rules of the Massachusetts Board of Fire -
Prevention published at 527 Code Mass. Regulations.
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5.17.2 Findings and Purpose
Environmental contamination can bankrupt site owners, lower or destroy land
values, drive out residents and industry, depress the local economy, and endanger
public health.
Most petroleum products do not readily decompose into harmless components.
but remain in dangerous forms and penetrate into and throughout the environment by
moving through water, soil, and fissures in the bedrock.
The groundwater of the Town is the sole source of its existing drinking water
supply. The Town obtains its public water supply from nine wells located in a sand/gravel
aquifer within the Ipswich River Basin. These Town wells are shallow, ranging from 30
to 70 feet in depth. Eight of the wells are located in the One Hundred-Acre Meadow.
Releases of crude petroleum or any of its products onto the ground and surface
waters have adversely affected and repeatedly threaten the quality of the groundwater
supplies and related surface water resources, posing substantial public health and safety
hazards.
Unless stricter preventive measures are adopted to manage the storage, use,
and generation of crude petroleum and its products and prohibit the release of these
substances within the Town, further releases of such materials will predictably occur,
and with greater frequency and degree of hazard by reason of increasing construction,
commercial and industrial development, population, and vehicular traffic in the Town and
surrounding areas. In addition, the cleanup of releases requires expeditious measures to
avoid widespread environmental damage to the resources of the Town of Reading.
5.17.3 Definitions
For the purposes of this Bylaw, the following words and phrases shall have the
meanings given.
5.17,3.1 Crude petroleum or any of its products: This term shall mean one or more of
the following:
a. Crude oil or any fraction thereof, which is liquid at standard conditions of
temperature and pressure (60°F and 14.7 lbs. per square inch absolute); and
b. All liquid hydrocarbon products including, but not limited to, gasoline of any
grade, motor fuels, kerosene, home heating oils, diesel fuels.
5.17.3.2 Handle: To use, to deal with, to act on, to sell, to manufacture, or to dispose
of something.
5.17.3.3 Operator: The individual who has effective control of a business operation, an
organization (for profit or non-profit), or local office of a governmental agency.
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5.17.3.4 Owner: The individual who has legal ownership of a site. For the purpose of
this Bylaw, the Board of Selectmen shall be entitled to rely on the most current list of
owners in the records of the Reading Board of Assessors as providing sufficient
evidence of ownership.
5.17.3.5 Release: The accidental or intentional spilling, leaking, pumping, discharging,
pouring, emitting, emptying, or dumping of crude petroleum or any of its products upon
or into any land, air, or waters of the Town of Reading. Release includes, without
limitation, leakage of crude petroleum or any of its products from failed or discarded
containers or storage systems; disposal of crude petroleum or any of its products into
any sewage disposal system, dry well, catch basin, unapproved waste landfill; and any
other discharge of crude petroleum or any of its products into the environment.
5.17.3.6 Site: Any real estate, personal property, facility, building, structure,
installation, equipment, pipe, or pipeline including any pipe into a storm drain, sewer, or
treatment works, well, pit, pond, lagoon, impoundment, ditch, tank, landfill, storage
container, or any other place or area to, from, or at which crude petroleum or any of its
products have been stored, used, manufactured, sold, handled, disposed, or discharged.
5.17.3.7 Store: To keep or contain crude petroleum or any of its products in such a
manner as not to constitute handling or otherwise use or disposal of such substances or
materials. Notwithstanding the aforesaid, the term "store" shall not include the
maintaining of crude petroleum.or any of its products that are in transit.
5.17.3.8 Threat of release: A substantial likelihood of a release that requires action to
prevent or mitigate an imminent threat to the life, health, or safety of the public that may
result from such release.
5.17.4 Fire Department Permits under 527 Code Mass Regulations
The Reading Fire Department shall promulgate regulations for the issuance and
renewal of permits authorized by Title 527 Code of Mass. Regulations, Section 9. Said
regulations shall include, but not be limited to, a yearly issuance date for said permits
and a reasonable fee therefore as provided under Section 10A of Chapter 148 of the
General Laws. If any provision of said regulations conflict with State law, the State law
shall control.
The Reading Fire Department may condition any permit and, according to law,
may.enter upon any site at any reasonable time to inspect for compliance of the permit
conditions. Upon request of the Fire Department, the owner, an individual identified on a
permit, or operator of any site shall furnish all information required to monitor compliance
with the conditions of said permit and the regulations promulgated under this Bylaw.
5.17.5. Local Permit: Administering Bodv Promulgation of Regulations
5.17.5.1 Administration: The Board of Selectmen of the Town of Reading shall
administer this Bylaw and the regulations promulgated under this Bylaw for said local
permits.
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5.17.5.2 Reaulation Promulaation:
The Board of Selectmen shall promulgate regulations to effect the purposes of
this Bylaw in accordance with Section 4.11 of the Bylaws of the Town of Reading.
Failure by the Board of Selectmen to promulgate such regulations or a legal declaration
of their invalidity by a court of law shall not act to suspend or invalidate the effect of this
Bylaw.
The regulations so adopted are intended to be in addition to and more restrictive
than the provisions of 527 Code of Mass. Regs., and consistent with the provisions of
relevant Federal and state law that concern the handling and storage of hazardous
materials and the protection of public water supplies. If any provision of said regulations
conflict with State law, the State law shall control.
The regulations shall specify the petroleum products and quantities thereof that
shall be regulated by a local permit authorized under this Bylaw, as further described in
Section 5.17.5 of this Bylaw, and the fees for the issuance, renewal, and amendment of
such a local permit.
As part of its regulations, the Board of Selectmen shall require an owner of a
business, home occupation, or industry or the operator of an organization or
governmental agency located in the Town of Reading that handles or stores crude
petroleum or any of its products of a certain quantity or that is located in an area of Town
that presents a high risk to groundwater or surface water should a release of any amount
occur, as those criteria are defined by regulation, to register with the Board of
Selectmen. Such registration shall include an inventory, the location of the site, the
name of the owner and operator, and any other requirement deemed necessary by the
Board of Selectmen in its regulations.
5.17.6 Local Permit: Issuance. Renewal and Amendment
5.17.6.1 Issuance of a Local Permit:
After reviewing the registration information mandated by its regulations, the
Board of Selectmen may require an owner of a business, home occupation, or industry
or the operator of an organization or governmental agency located in the Town of
Reading that handles or stores crude petroleum or any of its products of a certain
quantity or that is located in an area of Town that presents a high risk to groundwater or
surface water should a release of any amount occur, as those criteria are defined by
regulation, to obtain a local permit from the Board of Selectmen.
Landowners subject to the licensing requirements of Section 13 of Chapter 148
of the General Laws shall be required to obtain a local permit authorized under this
Bylaw in addition to said license.
.The Board of Selectmen shall only issue a local permit under this Bylaw after a
public hearing, duly noticed by publication, seven days before the scheduled hearing, in
a newspaper of general circulation in Reading and by mailing, certified mail return
I receipt, notice of the time and place of the hearing to all owners of property abutting said
j site within 300 feet as certified by the Assessor's Office in Reading and adjoining
municipalities. The cost of such notice shall be borne by the applicant.
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All applicants for a local permit under this Bylaw shall submit with the local permit
application a contingency plan showing where and how all regulated crude petroleum or
any of its products shall be handled and stored and the methods for containing any
release. The Board of Selectmen shall only issue or renew a local permit under this
Bylaw where the Board determines that the contingency plan shall ensure that any
release will be totally contained and not reach any surface water or groundwater or flow
into any onsite sewage disposal system, sewer system, catch basin, dry well,
stormwater management structure, or drainage structure. The Board of Selectmen shall
require the approval of the Reading Fire Department of any contingency plan and
require the contingency plan to be posted at a location acceptable to the Reading Fire
Department. The Board of Selectmen by regulation may require certain precautions to
be included in every contingency plan, including but not limited to proper and adequate
maintenance of containment and emergency equipment and the identification of the
person responsible for implementing the contingency plan and reporting any release.
The Board of Selectmen may issue a local permit under this Bylaw for no more
than five years or for a shorter time where the Board of Selectmen decides that a shorter
time is appropriate in the best interests of the Town. Any such local permit granted
hereunder shall be subject to such conditions and restrictions as may be prescribed by
the Board of Selectmen, which may include a condition that the local permit be exercised
to such extent and within such period as may be fixed by the Board of Selectmen.
5.17.6.2 Renewal of a Local Permit Authorized under this Bylaw:
A local permit issued by the Board of Selectmen under the provisions of this
Bylaw may be renewed for additional periods of five years or for an addition period of
less than five years where the Board of Selectmen decide that such shorter time is
appropriate in the best interests of the Town. Upon renewal, the Board of Selectmen
may impose restrictions or conditions in addition to or in lieu of those imposed in the
original local permit.
A local permit authorized under this Bylaw will expire if not renewed before the
end of the initial time period. It shall be the responsibility of the owner and the operator
to apply for such local permit renewal at least sixty (60) days in advance of the expiration
date of the local permit.
The Board of Selectmen shall not renew any local permit authorized under this
Bylaw without a site inspection by the Reading Fire Department or other qualified person
as may be designated by the Board of Selectmen.
The Board of Selectmen may, but need not, conduct a public hearing upon the
application for renewal and may issue at a public meeting such renewal local permit
upon receipt of the application fee, a completed renewal application form designated by
the Board of Selectmen, a complete inventory, a satisfactory contingency plan, and a
favorable site inspection. The above stated renewal requirements are a minimum and
the Board of Selectmen may require more extensive information in its regulations.
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5.17.6.3 Amendment of a Local Permit Authorized under this Bylaw:
Any local permit issued under this Bylaw must be amended where the owner or
operator wishes to change any parameter, without enlargement, upon which the local
permit was issued. Expansion of the originally permitted activity requires an application
for a new local permit.
The Board of Selectmen by regulation shall set the minimal information that must
be submitted upon application for an amended local permit and, after a site inspection
and public hearing duly noticed as provided in Section 5.17.5.1, the Board may amend
such local permit.
5.17.6.4 Abandonment of Use under Local Permit:
The Board of Selectmen may, by regulation, determine the process that must be
followed by the holder of the local permit where the site ceases to be used for the
keeping, storing, using, manufacturing, selling, handling, or disposing of crude petroleum
or any of its products.
Nothing in such regulations shall be interpreted to be a revocation of a license
granted under Section 13 of Chapter 148 of the General Laws. In addition, State law
shall control the abandonment of above ground or below ground storage tanks.
5.17.7 Enforcement of Local Permit Authorized under this Bylaw
5.17.7.1 Prohibitions:
Releasing any crude petroleum or any of its products upon the ground; into any
surface or groundwater; or into any sewage disposal system, sewer system, catch basin,
dry well, stormwater management structure, or drainage structure within the Town of
Reading is prohibited.
Maintaining a site that constitutes a threat of release of crude petroleum or any of
its products is prohibited.
Owning or operating a business, home occupation, or industry or operating an
organization or governmental agency that handles or stores crude petroleum or any of
its products without registering it or obtaining the applicable local permits as shall be
specified in this Bylaw or the regulations promulgated thereunder is prohibited.
5.17.7.2 Enforcement:
The Board of Selectmen and the Reading Fire Department shall enforce the
provisions of this Bylaw. A member of the Board of Selectmen, the Reading Fire
Department, or their designee, may enter, according to law, upon any site at any
reasonable time to inspect for compliance and threat of release.
Upon request of the Fire Department, the owner, an individual identified on a
local permit, or operator of any site shall furnish all information required to monitor
compliance with this Bylaw, the regulations promulgated hereunder, and the conditions
of said local permit. Nothing herein shall preclude the Reading Fire Department from
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requiring pressure-testing for underground tanks or testing of samples of soil,
wastewater, groundwater, or other material from the site. All expenses associated with i
the required collecting and testing shall be borne by the owner or operator.
All records pertaining to storage, removal, and disposal of crude petroleum or
any of its products shall be retained for no less than five years by the owner or operator
and such records shall be made available for review by the Board of Selectmen upon
request.
5.17.7.3 Violation Notices and Orders:
The Board of Selectmen and the Reading Fire Department are authorized to
issue notices of violation, cease and desist orders, and other enforcement orders to
compel compliance with this Bylaw, the regulations promulgated thereunder, and the
conditions of any local permit issued by the Board of Selectmen as the Board of
Selectmen or the Fire Department deems necessary and appropriate.
The Board of Selectmen or the Reading Fire Department shall give written notice
of any violation to the operator and owner of the site. Such written notice shall specify
the nature of the violation; any corrective measures that must be undertaken, including
containment and cleanup of discharged materials and sampling and analysis before,
during, and after cleanup; any preventive measure required for avoiding future violations,
including long-term monitoring; and a time for compliance.
Any requirements specified in a violation notice or an order shall be reasonable
in relation to the public health hazard involved and the difficulty of compliance, but shall
not be less than required under Federal or State law.
The cost of containment and cleanup shall be borne by the owner and operator
of the site. Any charges that the Town incurs in any cleanup process shall be borne by
the owner and operator of the site and shall be collectable as a charge owed the Town in
accordance with Section 58 of Chapter 40 of the General Laws.
5.17.7.4 Penalties:
The Board of Selectmen may suspend, modify, or revoke a local permit issued
under this Bylaw for due cause, which shall include but not be limited to failure to comply
with any section of this Bylaw, failure to perform the conditions set forth in the approved
contingency plan, or violation of any condition of the local permit.
Any person who violates any section of this Bylaw shall be fined as provided in
Section 1.5 of the Bylaws of the Town of Reading. Each day that an individual failures to
comply with an order of the Fire Department'under this Bylaw shall constitute a separate
violation.
In addition to any other means of enforcement, the provisions of this Bylaw may
be enforced by the non-criminal disposition procedure in accordance with the provisions
of Section 5.11 of these Bylaws and of Section 21 D of Chapter 40 of the General Laws.
For the purposes of such non-criminal disposition, the term "enforcing person" shall
mean any member of the Reading Fire Department. Further, _the_enforcing _ person may
enter onto any property and in any building thereon for the purpose of inspecting or
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investigating any violation of this Bylaw or enforcing the same, except no dwelling unit
shall be entered without the consent of the resident or other person authorized by law to
give such consent.
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 12 To see what sum the Town will raise by borrowing, or from the tax
levy, or transfer from available funds, or otherwise, and appropriate 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 to see if the Town will vote 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 to see if
the Town will vote to authorize the Board of Selectmen 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 13 To see what sum the Town will vote to raise by borrowing under
Chapter 44, Sections 7 (3) and 7 (3A) or Chapter 70B of the General Laws of the
Commonwealth of Massachusetts, or pursuant to any other enabling authority and
appropriate for the purpose of constructing an addition, remodeling, reconstructing and
making extraordinary repairs to the Alice M. Barrows School on Edgemont Avenue,
including the costs of original furnishings and equipment, landscaping, paving, and other
site improvements, engineering and architectural fees, plans, and specifications,
inspections fees, relocation costs, contingencies, and related expenses incidental
thereto and necessary in connection therewith, said sum to be expended by and under
the direction of the School Committee as an addition to, and in conjunction with, the sum
authorized -by vote under Article 5 of the Warrant for the Special Town Meeting of
December 7, 1998, and Article 12 of the Warrant for the Annual Town Meeting of April
24, 2000; and that the Town vote to authorize the School Committee to file applications
for a grant or grants to be used to defray all or any part of the cost of said school
renovations and addition and related matters, and that the Town vote to authorize the
School Committee to enter into all contracts and agreements as may be necessary to
carry out the purposes of this Article. Further, to see what authorized but unissued
amount the Town will vote to rescind from the authorization for the new elementary
school approved on November 15, 1999 under Article 14 in the amount of $9,100,000, or
take any other action with respect thereto.
School Committee
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ARTICLE 14 To see if the Town will vote to accept the provisions of Chapter
137 of the Acts of 2003 relative to pay for active duty members of the National Guard
and Reserves, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 15 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 16 To see if the Town will vote to amend Article 55, Section 5.5.1 of
the Town of Reading Bylaws from "No person shall fire or discharge any fireworks,
firearms, cannon or explosives of any kind..." to "No person shall fire or discharge any
fireworks, firearms, bow and arrow, cannon or explosives of any kind..."
By petition
ARTICLE 17 To see if the Town will vote to authorize the Board of Selectmen to
convey a portion of Plot 65, Lot 7 to the Reading Housing Authority and to authorize the
Board of Selectmen to acquire a portion of Plot 65, Lot 6 from the Reading Housing
Authority, under such terms and conditions as the Board of Selectmen shall determine,
or take any other action with respect thereto.
Reading Housing Authority
ARTICLE 18 To see if the Town will vote to authorize the Board of Selectmen to
petition the General Court to approve a Home Rule Petition, pursuant to Article LXXXIX
of the amendments to the Massachusetts Constitution of the Commonwealth to
accomplish the removal of the position of Chief of Police from the provisions of Chapter
31 of the General Laws of the Commonwealth of Massachusetts, known as the "Civil
Service" provisions, and such legislation shall be generally in the following form:
Section 1 - The position of Chief of Police shall no longer be subject to Chapter 31 of the
General Laws.
Section 2 - Section 1 shall not impair the Civil Service status of any person holding the
office of Chief of Police of the Town of Reading on the effective date of this act.
And, further, that the Board of Selectmen is hereby authorized to take all necessary
action in support of this Article, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 19 To see if the Town will vote to determine how much money the
Town will raise by borrowing, or from the tax levy, or transfer from available funds, or
otherwise, and appropriate for the operation of the Town and its government for Fiscal
Year 2005 beginning July 1, 2004, or take any other action with respect thereto.
Finance Committee
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ARTICLE 20 To see if the Town will vote to amend Section 4.9.2 of the Reading
Zoning By-Law, entitled "Overlay Districts" to add a new third paragraph so that the
section shall read as follows:
Planned Unit Development Districts shall take the form of overlay districts
covering all or part of Industrial Districts, the Business A District and designated portions
of Residential Districts on the Reading Zoning Map. For any land within a PUD District, a
Developer may choose to conform either to the zoning regulations which govern the
underlying district or to the PUD overlay regulations and procedures set forth by this
Section, whose specific provisions shall supersede all other provisions in the Zoning By-
Laws with respect to the underlying district including, without limitation, use, intensity,
dimensions, parking and site plan review; however, the provisions of any other overlay
district shall continue to apply.
Planned Unit Development Districts are overlaid on three zoning districts:
Industrial, Business A and Residential Zones. Section 4.9 controls development in this
overlay utilizing the following terms: PUD-I for Planned Unit Development District -
Industrial for PUD's overlaid in the industrial zone, PUD-B for Planned Unit Development
District - Business for PUD's overlaid in the business zone and designated portions of
adjacent residentially-zoned land; and PUD-R for Planned Unit Development District-
Residential overlaid, in the residential zone. Any reference noted herein to "PUD"
generally denotes the requirements and controls are for developments for PUD's in
Business, Residential and Industrial zones.
Add to 4.9.2 as 3rd Paragraph
Planned Unit Development-Business District as an Overlay District
A PUD-B District shall take the form of an overlay district covering an underlying
Business A District and may include land situated within the S-15 District that was a part
of a lot existing on January 1, 2003, a portion of which lot was also in the Business A
District, but only as is applied to a specific parcel or parcels through a formal and proper
amendment to the Reading Zoning Map. A PUD-B Overlay District may be applied only
through action by Town Meeting to amend the Reading Zoning Map placing such land
within the PUD-B Overlay District.
And further, to see if the Town will vote to amend the Reading Zoning By-Laws
entitled "Overlay Districts" to add a new Section 4.9.7 as follows.
4.9.7. Use and Dimensional Requirements in the PUD-B
The following use and dimensional requirements shall be adhered to by all PUD-
B Special Permit developments that lie within a PUD-B Overlay District and which shall
be used by the CPDC in evaluating each PUD-B development proposal.
4.9.7.1 Parcel Size and Eligibility:
The minimum land area of a project under a PUD-B Special Permit is three (3) acres in
size.
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A development parcel may consist of land in more than one ownership, provided
that all land comprising the parcel lies entirely within the PUD-B Overlay District and is
contiguous. Lots separated by a minor street as defined in Section 4.9.2.1 or right-of-
way or private way may be considered, in CPDC's discretion, contiguous for thin
purpose.
Proposed developments may include pre-existing buildings provided that all PUD
requirements are satisfied by each new or existing building and for the PUD as a whole.
More than one principal building may be located on a lot, Section 5.2.8. notwithstanding.
Permitted Uses in the PUD-B
The following uses may be allowed by a PUD-B Special Permit, subject to the
findings of the CPDC as to the net benefit and adverse impacts of the proposed PUD:
a. Within a PUD-B Overlay District, any portion of land that is within the underlying
Business A District or within 30 feet of the underlying Business A District zoning
boundary line may be used for those various uses allowed within the underlying
Business A District, excepting that Automotive Uses and enclosed storage as a
primary use as listed in the Table of Uses in Section 4.2.2 (Table of Uses), and
fast food restaurant or drive-thru uses shall not be allowed.
b. Any land within the PUD-B Overlay District that is both in the underlying
residential district and more than 30 feet from the underlying Business A District
zoning boundary line may only be used for the parking of registered motor
vehicles in a parking lot or structure, related driveways, landscaping, lighting,
fencing, drainage systems and containerized and enclosed trash storage, all as
accessory uses for the uses allowed elsewhere in the PUD-B Overlay District
subject to conditions imposed by the CPDC.
4.9.7.3 Intensity of Use in PUD-B
4.9.7.3.1 Uses as described in 4.9.7.2
The basic permitted intensity of a business use in a PUD-B •development,
expressed as the Floor Area Ratio as defined in Section 4.9.2.11, may not exceed 0.50.
In order to assist in making this calculation, plans submitted for a PUD-B Special Permit
that propose such a use shall show what portion and area of the development parcel will
be put to such use.
Areas which have been counted to satisfy the intensity limit for residential use
may not be counted also to satisfy the intensity limit for business/commercial use and
areas which have been counted to satisfy the intensity limit for business/commercial use
may not be counted also to satisfy the intensity limit for residential use.
4.9.7.4 Dimensional Requirements:
4.9.7.4.1 Building Height. The maximum building height within a PUD-B Overlay
District shall be as follows:
15
--i a. Any portion of an allowed structure that is within an underlying residential zoning
district portion of a PUD-B Overlay District and that is farther than 30 feet from the
underlying Business A zoning boundary line shall not be greater in height than is
allowed in the underlying zoning district in which it is located.
b. Any portion of a building that is in an underlying Business-A Zoning District or is
within 30 feet of an underlying Business-A Zoning District shall be no higher than
50 feet.
4.9.7.4.2 Setbacks and Buffers in a PUD-B:
a. The extent of buffering and setbacks shall in every case be based upon the
following criteria as reviewed by the CPDC:
♦ Existing topography
♦ Existing vegetation
s Existing and Proposed Structures within and outside the PUD-B District
♦ Proximity to Residential Dwellings
b. The minimum front, side and rear yard requirements shall be the same as in the
underlying districts except that the minimum front yard set-back may be as little
as 30 feet if there is no parking in the front yard.
c. Parking/Loading. The parking and loading requirements contained in Section
6.1.1.3 shall apply. Parking spaces shall be at least 8.5 by 18 feet, with provision
for larger spaces as required by the CPDC to accommodate short term parking,
handicapped and larger vehicles.
d. Shadow Impact. Between 9:00 a.m. and 3:00 p.m. (EST) from February 21St to
October 21st, no building within a PUD-B Overlay District shall cast a shadow on
any dwelling in existence at the time of a PUD-B Preliminary Plan submission.
Private Ways
All on-site and off-site improvements, which include the installation of utilities,
public lighting, sewers and other public improvements, shall be constructed according to
the standards of the Reading Public Works Department and other appropriate
departments and conditions imposed by the CPDC.
Amend Section 4.2.2 Table of Uses by adding the following line under the existing
captions:
Principal Uses RES
RES
RES
BUS
BUS
BUS IND
s-15, s-20, s-40
A-40
A-80
A
B
C
PUD-B SPP*
No
No
SPP*
No
No No
Community Planning and Development Commission
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ARTICLE 21 To see if the Town will vote to amend the Town of Reading Zoning
Map to designate the following land, currently zoned as Business A'and S-15, as being
within the Planned Unit Development - Business (PUD - B) Overlay District:
Land situated on the westerly side of Main Street, Reading, MA, being shown
on Assessors' Map 11 as lots 11 and 12, and being further described on
Exhibit A attached hereto and incorporated herein by reference.
or to take any other action with respect thereto
Community Planning and Development Commission
ARTICLE 22 To see if the Town will vote pursuant to Section 2-6 of the
Reading Home Rule Charter to declare the seats of certain Town Meeting Members to
be vacant and remove certain described persons from their position as Town Meeting
Members. for failure to take the oath of office within 30 days following the notice of
election or for failure to attend one half or more of the Town Meeting sessions during the
previous year, 'or take any other action with respect thereto:
Precinct 2 Amanda Lee Foulds
Precinct 3 Robert J. Coffey
Paul J. Murphy
Robert M. Murphy
Precinct 4 Matthew L. Wilson
Precinct 8 Frederick F. Martin Jr.
Board of Selectmen
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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
March 2, 2004, the date set for the Election 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 27th day of January 2004.
George` Hines, Cl6rman
r& ~ - S~u
Richard W. Schubert, Vice Chairman
Gail F. Wood, Se
Cami Anthony 1-t
Matthew Cummings
SELECTMEN OF READING
; ~ ~"Z; z - ~
Thomas H. Fre an, onstable
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