HomeMy WebLinkAbout2001-04-03 Annual Town Meeting MinutesCOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on March 2, 2001 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 Arthur W. Coolidge, Middle School, 89 Birch Meadow Drive
The date of posting being not less than fourteen (14) days prior to April 3, 2001, 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 March 6, 2001.
Daniel W. Halloran, Jr., Constable
A true copy. Attest:
ZChery .Johns , Town 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 THIRD DAY OF APRIL A.D., 2001
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 Selectmen for one year to fill a vacancy;
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;
and seventy-four 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 to fill a vacancy;
Precinct 2
Eight members for three years; two members for
one year to fill vacancies;
Precinct 3
Eight members for three years; two members for
one year to fill vacancies;
Precinct 4
Eight members for three years; two members for
one year to fill vacancies;
Precinct 5
Eight members for three years; one member for
one year to fill a vacancy;
Precinct 6
Eight members for three years; one member for
two years to fill a vacancy;
Precinct 7
Eight members for three years; one member for
one year to fill a vacancy;
Precinct 8
Eight members for three years.
QUESTION
Shall the Town of Reading be allowed to assess an additional $1,200,000 in real estate
and personal property taxes for the purpose of municipal, school and capital expenses
for the fiscal year beginning July first, two thousand one?
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and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading
on
MONDAY, the TWENTY-THIRD DAY OF APRIL A.D., 2001
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 authorize the payment during Fiscal
Year 2001 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 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 amend the FY 2001-FY 2010
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 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 •24, 2000, as
amended by Article 4 of the Subsequent Town Meeting of November 13, 2001, relating
to the Fiscal Year 2001 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 2002-FY 2011
Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule
Charter, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 9 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 10 To see if the Town will amend the fees as established in Sections
4.5.3, 4.5.4, 4.5.5, and 4.5.6 of the General Bylaws of the Town of Reading as amended,
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 11 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 2002 beginning July 1, 2001, or take any other action with respect thereto.
Finance Committee
ARTICLE 12 To see if the Town will vote to authorize the Board of Selectmen to
file a Home Rule petition allowing the Town of Reading to establish an Affordable
Housing Trust Fund, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 13 To see if the Town will vote to establish a revolving fund under
Chapter 44, Section 53E1/2 of the General Laws for the purpose of using the receipts
generated through the sale of compost bins to purchase additional compost bins, and to
pay for related expenditures, and to determine the total amount of expenditures during
Fiscal Year 2002 which may be made from such fund, or take any other action with
respect thereto.
Board of Selectmen
ARTICLE 14 To see if the Town will authorize the Board of Selectmen, with the
approval of the School Committee and the approval of the Commissioner of Education,
to rent or lease certain surplus space in the Reading Memorial High School to one or
more public or private profit-making businesses or non-profit organizations; provided,
however, that-joint occupancy of the High School building will not interfere with
educational programs being conducted in said building and provided that the terms of
any such rental or lease shall be as approved by the School Committee, or take any
other action with respect thereto.
School Committee
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ARTICLE 15 To see if the Town will authorize the transfer of the old portion of
the former Reading Police Station at 67 Pleasant Street from the Board of Selectmen for
use as a Police Station to the Board of Selectmen for purposes of the sale or lease of
such building and premises under the terms and conditions as may be determined by
the Board of Selectmen, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 16 To see if the Town will authorize the Board of Selectmen to
transfer the following Town owned lands as noted under such terms and conditions as
the Board of Selectmen shall determine:
Map/Parcel
Location
Size
To be Transferred to:
047/005
West Street
1.69 acres
Conservation Commission
198/003
Haverhill Street
.27 acres
Conservation Commission
225/037
Main Street
.495 acres
Conservation Commission
020/023
Summer Avenue
.05 acres
Conservation Commission
013/079
Bear Hill
.748 acres
Conservation Commission or
Reading Open Land Trust
0131080
-Bear--Hill------
.459-acres---
-Conservation-Commission or
Reading Open Land Trust
013/082
Bear Hill
.459 acres
Conservation Commission or
Reading Open Land Trust
014/018
Bear Hill
.634 acres
Conservation Commission or
Reading Open Land Trust
154/004
Colburn Road
.290 acres
Conservation Commission
046/005
John Street
.468 acres
Conservation Commission and
Department of Public Works
013/047
Bear Hill
.09 acres
Department of Public Works -
Water Supply
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 17 To see if the Town will vote to remove all text found in Section
4.3.3 and insert the following:
4.3.3. SITE PLAN REVIEW BY-LAW
4.3.3.1 Applicability. The following types of activities and uses require site plan
review by the CPDC.
a. Construction, exterior alteration or exterior expansion of, or change of use
within an institutional, commercial, industrial, or multi-family structure with
four or more dwelling units;
b. Construction or expansion of a parking lot for an institutional, commercial,
industrial, or multi-family structure or purpose.
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4.3.3.2 Procedures. Applicants for site plan approval shall submit twelve (12) -
copies of the site plan to the CPDC for review, and within three (3) days
thereafter request a determination from the Town Planner on
completeness of application. The Town Planner shall make a
determination of completeness within thirty (30) days of receipt of such
application. The CPDC shall review and' act upon the site plan, with such
conditions as may be deemed appropriate, within sixty (60) days of its
determination of completeness, and notify the applicant of its decision.
The decision of the CPDC approving site plan review, shall be a majority
of the commission and shall be in writing. No building permit or certificate
of occupancy shall be issued by the Building Inspector without the written
approval of the site plan by the CPDC, or unless 60 days lapse from the
date of a determination of completeness of the site plan without action by
the CPDC.
4.3.3.3 Requirements
4.3.3.3.1 Where the CPDC serves as the special permit granting
authority for proposed work, it shall consolidate its site plan review and
special permit procedures.
4.3.3.3.2 The applicant may request, and the CPDC may grant by
majority vote, an extension of the time limits set forth herein.
4.3.3.3.3 No deviation from an approved site plan shall be permitted
without modification thereof approved by CPDC.
4.3.3.4 Preparation of Plans. Applicants are invited to submit a pre-application
sketch of the proposed project to the CPDC and to schedule a comment
period at a regular meeting of the CPDC. Site Plans shall be submitted
on 24-inch by 36-inch sheets, or larger if necessary for clarity. Plans shall
be prepared by a Registered Professional Engineer, Registered Land
Surveyor, Architect, or Landscape Architect, as appropriate. Dimensions
and scales shall be adequate to determine that all requirements are met
and to make a complete analysis and evaluation of the proposal. All
plans shall have a minimum scale of 1 40'.
4.3.3.5 Contents of Plan. The contents of the site plan are as follows:
4.3.3.5.1 Five (5) separate plans prepared at a•scale of one (1) inch equals twenty
(20) feet or 40 feet or such suitable scale as may be approved by the
CPDC. The plans are as follows:
a. Site layout, which shall contain the boundaries of the lot(s) in the
proposed development, proposed structures, drives, parking,
fences, walls, walks, outdoor lighting, loading facilities, and areas
for snow storage after plowing. The first sheet in this plan shall be
a locus plan, at a scale of one (1) inch equals one hundred (100)
feet, showing the entire project an its relation to existing areas,
buildings and roads for a distance of one thousand (1,000) feet
from the project boundaries or such other distance as may be
approved or required by the staff.
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b. Topography and drainage plan, which shall contain the existing
and proposed final topography at two-foot intervals and plans for
handling storm water drainage, including resource area
delineation.
C. Utility plan which shall include all facilities for refuse and sewerage
disposal or storage of all wastes, the location of all hydrants, fire
alarm and fire fighting facilities on and adjacent to the site, all
proposed recreational facilities and open space areas, and all
wetlands including floodplain areas.
d. Architectural plans, which shall include the floor plans and
architectural elevations of all proposed buildings and a color
rendering/or photographs of similar structures.
e. Landscaping plan, showing the limits of work, existing tree lines,
and all proposed landscape features and improvements including
screening, planting areas with size and type of stock for
shrub or tree, and including proposed erosion control measures.
4.3.3.5.2 The site plan shall be accompanied by a written statement indicating the
estimated time required to complete the proposed project and any and all
phases thereof.
4.3.3.5.3 A written summary of the contemplated projects shall be submitted with
the site plan indicating, where appropriate, the number of dwelling units to
be built and the acreage in residential use, the evidence of compliance
with parking and off-street loading requirements, the forms of ownership
contemplated for the property and a summary of the provisions of any
ownership or maintenance thereof, identification of all land that will
become common or public land, and any other evidence necessary to
indicate compliance with this By-law.
4.3.3.5.4 The site plan shall be accompanied by drainage calculations by a
registered professional engineer. Storm drainage design must conform to
the Town of Reading subdivision regulations and DEP stormwater
regulations.
4.3.3.5.5 The CPDC may require a narrative statement detailing the impact of the
proposed use on municipal services and the environment, lighting, traffic,
hazmat, trash, hours of operation and construction impacts.
4.3.3.5.6 Certification that the proposal is in compliance with the provisions, if
applicable, of the Americans with Disabilities Act and the Massachusetts
Architectural Barriers Board.
4.3.3.5.7 All plans submitted shall be in digital format as well as prints as approved
by Town Engineer. Number of prints submitted shall be determined by
the Town Planner.
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4.3.3.6 Approval. Site Plan Approval shall be granted upon determination by the
CPDC that the plan meets the following objectives. The CPDC may
impose reasonable conditions at the expense of the applicant, including
performance guarantees, to promote these objectives. Any new building
construction or other site alteration shall provide adequate access to each
structure for fire and service equipment and adequate provision for
utilities and stormwater drainage consistent with the functional
requirements of the CPDC's Subdivision Rules and Regulations. New
building construction or other site alteration shall be designed in the Site
Plan, after considering the qualities of the specific location, the proposed
land use, the design of building form, grading, egress points, and other
aspects of the development, so as to:
a. Minimize the volume of cut and fill, the number of removed trees
6" caliper or larger, the length of removed stone walls, the area of
wetland vegetation displaced, the extent and quality of stormwater
flow from the site, soil erosion, and threat of air and water
pollution;
b. Maximize pedestrian and vehicular safety both on the site and
approach egression from it;
c Minimize obstruction of scenic views from publicly accessible
locations;
d. Minimize visual intrusion by controlling the visibility of parking,
storage, or other outdoor service areas viewed from public ways
or premises residentially used or zoned through the use of
landscaping and fencing;
e. Minimize glare from headlights and lighting intrusion;
f. Minimize unreasonable departure from the character, materials,
and scale of buildings in the vicinity, as viewed from public ways
and places;
g. Minimize contamination of groundwater from on-site waste-water
disposal systems or operations on the premises involving the use,
storage, handling, or containment of hazardous substances;
h. Ensure compliance with the provisions of the Zoning By-Law,
including parking.
Maximize property enhancement through use of landscaping and
other site amenities;
Minimize environmental impacts to adjacent properties through
hours of operation, deliveries, noise, rubbish removal and storage
4.3.3.7 Lapse. Site plan approval shall lapse after two (2) years from the grant
thereof if a substantial use thereof has not sooner commenced except for
good cause. Such approval may, for good cause, be extended in writing
by the CPDC upon the written, request of the applicant.
4.3.3.8 Regulations. The CPDC may adopt and from time to time amend
reasonable regulations for the administration of these site plan guidelines.
4.3.3.9 Fee. The CPDC may adopt reasonable administrative fees and technical
review fees for site plan review. The CPDC may also require the
applicant to fund peer review of their filing.
4.3.3.10 Appeal. The appeal of any decision of the planning board hereunder
shall be made in accordance with the provisions of Mass. Gen. L. Ch.
40A. § 17.
4.3.3.11 Exemptions.
Site Plan Review shall not be required for the following:
a. The construction is solely for the maintenance or repair of the
existing structure;__ _ .
b. The construction, expansion or alteration of a building or structure
does not exceed three-hundred (300) gross square feet, or such
alteration involves only interior renovation of less than one-
thousand (1000) gross square feet;
C. The construction, expansion or alteration only involves the
modification of internal electrical, plumbing or mechanical
systems
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 18 To see if the Town will vote to add 4.3.2.9 Open Storage in
Business A and Industrial Zoning Districts
Open Storage as an ancillary or supporting use is allowed by the grant of a
Special Permit from the Community Planning and Development Commission,
based upon the criteria set forth in 4.3.2.9.1.
4.3.2.9.1 Criteria for approval:
a. Products shall be stored only for the purposes of merchandise display,
and/or stock for sale on site, and not for distribution purposes.
b. Open storage area shall use no more than 10% of total lot area.
C. Products stored shall not impede upon pedestrian movement or vehicular
circulation.
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d. Products stored shall not diminish required parking spaces nor
access thereto.
e. Products stored may be required to be shielded from any abutting
residential properties.
f. No products may be stored in any public right of way nor impede
upon such way.
g. Time period of the display shall be determined and reviewed by
the special permit granting authority.
h. No products shall be stored so as to create dust, noise, or other
objectionable effects or to create a fire hazard or other casualty.
4.3.2.9.2 Process
Filing for a special permit for this use shall follow all procedures required for site
plan review under 4.3.3 of this by-law.
4.2.2 Use Table changes
Accessory Uses
Open Storage
Bus A - SPP
Ind - SPP
Insert the following text and re-number accordingly:
2.2.24 Open Storage
The storing of retail goods outside of a structure on a lot -
for the purpose of display and/or sales.
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 19 To see if the Town will vote to insert a new column into 5.1.2
Table of Dimensional Controls entitled "FAR"'
Reference at bottom of table as "'Floor Area Ratio = gross floor area divided by lot
area"
One or Two Family Dwellings
Apartment
Other Permitted Principal Use
S-15, S-20, S-40
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all other uses and districts note as
N.A.
or take any other action with respect thereto.
Community Planning and Development Commission
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ARTICLE 20 To see if the Town will remove all text found in Section 6.3 and
insert the following:
6.3 Nonconforming Uses, Structures and Lots
Except as hereinafter provided, this Zoning By-Law shall not apply to structures
or uses lawfully in existence or lawfully begun, or to a building or special permit issued
before the first publication of notice of the public hearing on this by-law, but shall apply to
any change or substantial extension of such use, to a building or special permit issued
after the first notice of said public hearing, to any reconstruction, extension or structural
change of such structure, and to any alteration of a structure begun after the first notice
of said public hearing to provide for its use for a substantially different purpose where
alteration, reconstruction, extension or structural change to single or two-family
residential structures does not increase the nonconforming nature of said structures.
6.3.1 Objectives
The provisions of this section are intended to achieve the following purposes:
a. Allow lawfully nonconforming situations to continue until they are
discontinued or abandoned.
b. Encourage change in nonconforming situations toward greater compliance
with the provisions of this by-law and to reduce the degree of non-
conformity. Where a nonconforming situation is proposed to be changed,
to encourage greater conformity with all the provisions of the by-law and
the objectives and purposes stated in this by-law.
c. To allow for the alteration, expansion or extension of a nonconforming use
subject to the issuance of a Special Permit by the Zoning Board of Appeals.
d. To permit possible expansion of nonconforming buildings provided there are
no demonstrable adverse impacts on adjoining properties.
e. In the event of the involuntary destruction in whole or part of a non-
conforming situation, to permit the reconstruction of the nonconforming
situation so that the owner, and tenants if any, are not subjected to
substantial economic loss while, at the same time, seeking to achieve
greater conformity with the provisions of this by-law and to reduce any
adverse impact on the surrounding area.
f. To permit the treatment of nonconforming situations to be varied by the type
of zoning district and the type of nonconformity; i.e., to have a different
approach for uses, structures and parking lots.
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6.3.2 Applicability
6.3.2.1 Nonconforming Situations
For the purposes of this by-law, nonconforming situations are those uses,
buildings, structures, parking lots, parking spaces, loading bays, signs, landscaping and
other activities that are now subject to the provisions of this by-law which were lawful
before this by-law was adopted, or before amendments to this by-law which are
applicable to the situation were adopted, and such situations do not now conform to the
provisions of this by-law.
6.3.2.2 Noncomplying Situations
For purposes of this by-law, noncomplying situations are those uses, buildings,
structures, lots, parking spaces, loading bays, signs, landscaping and other activities
that are subject to the provisions of this by-law which were not lawfully created after this
by-law was adopted or after amendments to this by-law which are applicable to those
situations were adopted, are in violation of this by-law and may be called noncomplying
situations.
6.3.2.3 Noncomplying Situations Six (6) Years or Older
In accordance with Massachusetts General Law (MGL), Chapter 40A, Section
7, any structure, or part thereof, which has been improved and used in accordance with
the terms of a building permit issued by a duly authorized person, may not be the subject
of an enforcement action by the Town to compel the removal, alteration or relocation of
said structure, or the abandonment, limitation or modification of the use allowed by said -
permit unless enforcement action is commenced within six (6) years from the date of the
alleged violation of law. Uses and structures in existence for six (6) years or more and
which qualify under this section are considered to be nonconforming situations and are
entitled to treatment as such, as provided in this section.
6.3.2.4 Noncomplying Structures Ten (10) Years or Older
In accordance with MGL, Chapter 40A, Section 7, any structure, or part thereof,
which has not been in compliance with this by-law, or the conditions set forth in any
Special Permit or variance affecting the structure, may not be the subject of an
enforcement action by the Town unless enforcement action is commenced within ten
(10) years from the date of the alleged violation of law. Structures in existence for 10
years or more and which qualify under this section are considered to be nonconforming
situations and are entitled to treatment as such provided that any proposed change,
alteration or extension will not affect the noncomplying condition. Any change, alteration
or extension of the noncomplying condition shall be subject to the provisions of the by-
law and require that form of relief, which would otherwise be necessary to allow, said
change, alteration or expansion.
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6.3.3 Limitations
A use, building, structure, lot, parking space, loading bay, sign, landscaping or
any other activity which is nonconforming, but not noncomplying, may be continued but
may not be increased, expanded or altered, except as may be specifically authorized by
this section. If such nonconforming situation is abandoned or terminated, as set forth
below, it may not be resumed except in compliance with this by-law.
6.3.4 Lawfully Created Situations
A use, building, structure, lot, parking area, loading bay, sign, landscaping or any
other activity, is considered to be lawfully created with respect to zoning requirements if:
1. It was in existence on March 16, 1942 when the Zoning By-Law was originally
adopted, or,
2. Subsequent to March 16, 1942, it was permitted by the Zoning By-Law either by
right or by Special Permit and was in existence prior to the effective date of any
amendment, which rendered it nonconforming.
6.3.5 Uses by Variance are Not Nonconforming
A use, building, structure, lot, parking space, loading bay, sign, landscaping or
any other activity which is not otherwise permitted and does not comply with this by-law
and exists due to the granting of a variance, is not a nonconforming situation, is not
entitled to the treatments afforded by this section, and is bound by the conditions of the
variance, as granted.
6.3.6 Once in Conformity, or Closer to Conformity, Cannot Revert
Once a use, building, structure, lot, parking space, loading bay, sign, landscaping
or any other activity which had been nonconforming, is brought into conformity with this
by-law, it shall not be permitted to revert to nonconformity. Once a use, building,
structure, lot, parking space, loading bay, sign, landscaping or any other activity which is
nonconforming, is brought into closer conformity with this by-law; i.e., the amount or
degree of nonconformity is reduced, it shall not be permitted by right to revert to
nonconformity with the provisions of this by-law which is greater than the closest amount
or degree of conformity which it has achieved.
6.3.7 Change in Lot that results in Noncompliance
No lot upon which there is a building or for which a building permit is in force shall be
subdivided or otherwise changed in area or shape, except through public acquisition, so as
to result in a violation applicable to either the lot or the building. A lot already
nonconforming shall not be changed in area or shape so as to increase the degree of
nonconformity with the requirements of this by-law; however, a nonconforming lot may be
changed in area or shape in order to move closer to conformity with the requirements of
this by-law. Said change shall be allowed by right. No building permit, special permit,
certificate of occupancy or approval of a subdivision plan under the Subdivision Control
Law shall be issued with reference to said transferred land until both the lot retained and
the newly created lot(s) meet the requirements of this by-law.
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6.3.8 Nonconformity Resulting from Public Action
If, as a result of public acquisition a use, building, structure, lot, parking space,
loading bay, sign landscaping or any other activity no longer complies with this by-law, it
shall be considered to be nonconforming and entitled to the treatment afforded by this
section, provided it was in compliance or lawfully nonconforming at the time of the public
acquisition.
6.3.9 Discontinuance, Abandonment
6.3.9.1 A nonconforming use or structure or other nonconforming situation is considered
to be discontinued or abandoned whenever:
a. It is not used for a period of twenty-four (24) consecutive months, or,
b. It is abandoned.
6.3.9.2 Discontinuance or abandonment of a part of a nonconforming use, structure or
situation shall not normally be considered to be evidence of discontinuance or
abandonment of the whole, unless that part which is discontinued or abandoned
is the part, which causes the nonconformity.
6.3.9.3 The rights of a nonconforming use, structure, building, lot, parking space,
loading bay, sign, landscaping or other situation are not affected by a change in -
ownership, tenancy or management unless such ownership, tenancy or
management is specifically a condition of the issuance of a permit.
6.3.10 Nonconforming Uses
6.3.10.1 One-Family, Two-Family Dwellings
An existing nonconforming one or two family dwelling or structures accessory
thereto which is nonconforming with respect to use may be enlarged or extended for use
for the same purpose provided that a Special Permit is issued by the Zoning Board of
Appeals. In reviewing a request for such a Special Permit, the Board shall determine
that the extension or enlargement is not substantially more detrimental than the existing
use to the neighborhood.
6.3.10.2 Other than One-Family, Two-Family Dwellings
A nonconforming use may be continued to the same degree and for the same
purpose. An existing nonconforming use may be altered, expanded or extended for use
for the same purpose provided that a Special Permit is issued by the Zoning Board of
Appeals, as specified below:
a. Residential Zones: The Zoning Board of Appeals may grant a Special Permit for
alteration, expansion or extension of a nonconforming use provided that the _
Board determines that the alteration, expansion or extension is not substantially
more detrimental than the current use. The Board shall rely on the criteria stated
in Section 7.3 in making such a determination.
14
b. Other than Residential Zones: The Zoning Board of Appeals may grant a Special
Permit for alteration, expansion or extension of a nonconforming use provided
that the Board determines that the alteration, expansion or extension is not
substantially more detrimental than the current use. The Board shall rely on the
criteria stated in Section 7.3 in making such a determination.
6.3.10.3 Substitution of Nonconforming Use
The Board of Appeals may issue a Special Permit to allow a new use, not
otherwise permitted by right in the. zoning district in which the nonconforming use is
located, to be substituted for the existing nonconforming use provided that the Board
determines that the new use is substantially less detrimental than the current use.
6.3.11 Nonconforming Buildings
6.3.11.1 One-Family, Two-Family Dwellings
An existing nonconforming one-family or two-family dwelling or structures
accessory thereto which is nonconforming with respect to a minimum setback, may be
enlarged or extended in any other direction in compliance with this by-law, by the
issuance of a building permit. That part of an existing nonconforming dwelling which is
__-non_conf_or_mi.n.g with respect to a_minimum setback may be enlarged or extended in that
setback, provided the Zoning Board of Appeals grants a Special Permit and all of the
following conditions are met:
a. The degree of nonconformity is not greater than fifty percent (50%) of the
required minimum setback.
b. The site coverage of the dwelling within that minimum setback is not increased,
and
c. The Board determines that the extension or enlargement is appropriate in scale
and mass for the neighborhood, with particular consideration of abutting
properties.
6.3.11.2 Other than One-Family, Two-Family Dwellings
a. An existing nonconforming building, other than a one-family or two-family
dwelling, which is nonconforming only with respect to a minimum setback
may be enlarged or extended in any other direction in compliance with this
by-law by the issuance of a building permit, provided all other uses,
structures, and activities on the lot comply fully with the requirements of this
by-law.
b. An existing nonconforming building, other than a one-family or two-family
dwelling, which is nonconforming with respect to dimensional and/or density
requirements of the Zoning By-Law for the district in which said building is.
located, may not be enlarged or extended except by a Special Permit issued
by the Zoning Board of Appeals.
15
6.3.12 Nonconforming Lots
Any lot which does not comply with the provisions of this by-law with respect to
minimum lot area, minimum lot frontage, or minimum lot width or with the requirements
then in effect at the time of recording or endorsement, whichever occurs sooner, shall
not be subdivided or otherwise changed in area or shape, except through public action,
so as to be in violation of the provisions of this by-law. A lot already nonconforming with
respect to those provisions shall not be changed in area or shape so as to increase the
degree of noncompliance. A lot which is nonconforming with respect to those provisions
may be changed to be made closer in compliance, but once brought closer into
compliance, i.e. the amount or degree of nonconformity is reduced, it shall not be
permitted to revert to noncompliance which is greater than the closest amount or degree
of compliance which it had achieved. A lot, which is nonconforming, shall not preclude
the issuance of permits allowed pursuant to Sections.
6.3.13 Nonconforming Off-Street Parking and Loading
Any off-street parking spaces or loading bays in existence on the effective date
of this by-law or thereafter established, which serve a building or use, may not be
reduced in number or changed in location or design contrary to the by-law requirements
so as to increase the degree of nonconformity with said requirements.
If the use of an existing structure or lot, which does not have sufficient parking
or loading, including a use which has no off-street parking or loading area, is changed to
a different type of use for which a different number of parking spaces or .loading bays is
required as set forth in this by-law, and there is no increase in the net floor area, the
following rules shall apply:
a. If there is a net increase in the number of required parking spaces or loading bays,
that net increase shall be provided, which number shall not include any existing
parking spaces or loading bays, or,
b. If there is a net decrease in the number of required parking spaces or loading bays,
that lesser number shall be the new basis for determining whether, in the future,
there is a net increase in the number of parking spaces or loading bays required.
If it is proposed to increase the net floor area of a building, whether by addition to
the exterior of the building or by internal reconstruction, and the building does not have
sufficient off-street parking or loading area, full compliance with the applicable parking
requirements for the entire building shall be a condition of the issuance of a building
permit for the construction of the increase of net floor area.
6.3.14 Parking and Loading Requirements for a Building Destroyed, Damaged or
Demolished
If a building for which sufficient off-street parking or loading is not provided is
destroyed, damaged or demolished by the owner, the building may be reconstructed or
replaced if otherwise permitted by this by-law, within two (2) years from the date of such
damage or destruction, without providing additional parking spaces or loading bays,
provided the new use is the same type of use as the use before the destruction, damage or
demolition, at least the same number of spaces or bays shall be provided.
16
6.3.15 Repair, Reconstruction Continuance
Routine maintenance and repairs are permitted to a nonconforming structure,
sign, parking space or loading bay or other nonconforming situation to maintain it in
sound condition and presentable appearance.
6.3.16 Reconstruction After Involuntary Destruction (By Right)
Any nonconforming use, structure, building, sign, parking space or loading bay
or other nonconforming situation which is destroyed or damaged by explosion, collapse,
fire, storm, natural disaster or other catastrophic event, any of which is beyond the
control of the owner, may, within two (2) years from the date of such damage or
destruction, be reconstructed to the same extent as the original, provided there is no
increase in the site coverage or gross floor area or the degree of nonconformity and the
reconstruction conforms to the current requirements of this by-law to the maximum
extent practicable in the opinion of the Building Inspector. In this context, maximum
extent practicable shall consider extreme site conditions, such as steep grades, the
presence of ledge or other unsuitable soil conditions, or the shape and configuration of
the lot.
6.3.17 Reconstruction After Destruction (By a Special Permit)
The Board of Appeals may grant a Special Permit for the reconstruction of a
use, structure, building, sign, parking space or loading bay or other situation allowed by
Special Permit, which is destroyed or damaged by explosion, collapse, fire, storm,
natural disaster or other catastrophic event, any of which is beyond the control of the
- owner or by the proposed voluntary action of the owner, to demolish, in whole or in part,
in a manner different from the prior conditions, provided the Board determines that:
a. There is no increase in the site coverage or gross floor area or the degree of
nonconformity.
b. The reconstruction conforms to the current requirements of this by-law to the
maximum extent practicable.
c. In the case of the reconstruction of a nonconforming use, that it complies with the
standards for the substitution of a nonconforming use described in subparagraph.
6.3.18 Vesting of Rights During Adoption of Amendments
6.3.18.1. A use, building, structure, lot, sign, parking space or loading bay or other
situation which would comply with the provisions of this by-law at the time at
which a building permit is issued or a Special Permit is granted, but would not
comply with a proposed amendment to this by-law, shall be considered to be
nonconforming and may be completed, continued or maintained provided:
a. The building permit was issued or Special Permit was granted before the
first publication of notice of public hearing on the proposed amendment,
and
17
b. Substantial physical construction or start of operations is begun within six
(6) months of the issuance of a building permit or the grant of a Special
Permit, whichever is earlier and is carried through to its completion as
continuously and expeditiously as is reasonable. If the construction is not
completed within eighteen (18) months of the issuance of the building
permit or the grant of the Special Permit, whichever is earlier, the rights to
nonconforming status shall cease and the construction shall comply with
this by-law, as amended.
6.3.18.2 The filing of an application for either a building permit or a Special Permit
is not sufficient to vest rights. The building permit must be issued or the Special
Permit must be granted prior to such first publication of notice.
6.3.18.3 In the event of the filing and subsequent approval of a definitive
subdivision plan, an exemption from an amendment to this by-law and a right to
be treated under the previously existing provisions of this by-law may be vested,
as set forth in. MGL, Chapter 40A, Section 6.
6.3.19 Approval-Not-Required Plans
In the event of the filing and subsequent endorsement of an "Approval-Not-
Required" plan, referred to in Section 81P of Chapter 41, Sections 81 K-81 GG, the
Subdivision Control Law, an exemption from an amendment to this by-law affecting the
use of land only and a right to be treated under the previously existing provisions of this
by-law may be vested, as set forth in MGL, Chapter 40A, Section 6, or take any other
action with respect thereto.
Community Planning and Development Commission
ARTICLE 21 To see if the Town will vote to accept the provisions of Chapter
411 of the Acts of 2000 which concern the "Option C Pop-Up" provision, of Chapter 32 of
the Massachusetts General Laws, relating to non-contributory veteran retirees of the
Town of Reading, or take any other action with respect thereto.
Contributory Retirement Board
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 any or all of the following Town
Meeting Members to be vacant and to remove any or all of the following described
persons from their position as Town Meeting Members for failure to take the oath of
office within thirty 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:
Brendan J. O'Hagan
Precinct 1
Joseph T. Connearney, Sr.
Precinct 2
Wayne S. Davis
Precinct 2
Loretta E. Cavagnaro
Precinct 5
Janet Baronian
Precinct 8
Board of Selectmen
18
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
April 3, 2001, 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 February, 2001
1,
M t ew . Ne tor, C irman
,eorge Hines, Vice Chairman
Camille W. Anthony, Secretary
Matthew Cummings
1
Sally M. Hoyt
SELECTMEN OF READING
Daniel W. Halloran, Jr., Constable
19
ANNUAL TOWN ELECTION
. April 3, 2001
Pursuant to the Warrant and the Constable's Return thereon, a General Election was held for all eight
precincts at the Hawkes Field House. The Warrant was partially read by the Town Clerk, Cheryl A.
Johnson, when on motion of Robert Soli, it was voted to dispense with the further reading of the
Warrant, except the Constable's Return, which was then read by the Town Clerk. The ballot boxes were
examined by the respective Wardens and each found to be empty and registered 00.
The Town Clerk declared the polls open at 7:00 a.m. and closed at 8:00 p.m., with the following results:
6900 ballots - 43% of registered voters(15,964) cast as follows:
Moderator for one year - Vote for One
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Alan E.Foulds*
667
477
416
645
443
575
602
728
4553
Other
6
1
0
5
3
1
2
3
21
Blanks
325
220
212
309
246
314
304
396
2326
Total
998
- 698
--628
_.959
----692
890
908
1127
6900
*Elected
Board of Sel
ectmen for three years - Vote
for Two
Candidate
Pr 1
Pr 2
Pr 3
rr44
Pr 5
Pr 6
Pr 7
Pr 8
Total
Matthew Cummings*
507
347
319
508
343
463
466
539
3492
Gerald L. MacDonald
398
327
345
358
305
362
331
451
2877
Angelo P. Salamone
123
98
72
82
80
91
89
129
764
Richard W. Schubert*
464
265
187
473
299
410
471
506
3075
Other
5
4
1
0
1
0
2
4
17
Blanks
499
355
332
497
356
454
457
625
3575
Total
1996
1396
1256
, 1918
1384
1780,
1816,
2254
13800
*Elected
Board of Selectmen for one year - Vote for One
Candidate
Pr 1
Pr 2
Pr 3
'r 4
Pr 5
Pr 6
Er
Pr 8
Total
Mark W. Jackson
208
147
159
229
162
206
159
262
1532
Gail F. Wood*
507
381
313
455
330
419
471
492
3368
Other
3
2
0
1
2
2
2
4
16
Blanks
280
168
156
274
198
263
276
369
1984
Total
998
698
628
959
692
890
908
1127
6900
*Elected
Board of Assessors for three years - Vote for One
Candidate
Pr 1
r 2
r 3
Pi -4
r 5
Pr 6
r 7
Pr 8
Total
Ralph A. Colorusso*
585
420
389
563
396
547
534
627
4649
Other
3
2
0
1
4
0
2
0
21
Blanks
410
276
239
395,
292,
343,
372,
500,
2827
Total
998
698,
628
959
692
890
908
1127
6900
*Elected
Board of Library Trus
tees for three years - Vote for T
wo
Candidate
PrA
Pr 2
r 3
Pr 4
rr55
Pr 6
r 7
Pr 8
Total
Richard J. Ogden*
539
386
336
571
379
512
524
573
3820
Roberta Ann McRae*
536
381
331
522
367
482
499
560
3678
Other
0
1
0
1
4
0
1
1
8
Blanks
921
628
589
824
634
786
792
.1120
6294
Total
1996
1396
1256
1918
1384
1780
1816
2254
13800
*Elected
Municipal Light Board for three years - Vote for Two
Candidate
r 1
PP2
Pr 3
Pr 4
r 5
Pr 6
r 7
Pr 8
Total
William J. Hughes, Jr.*
410
311
277
388
297
362
373
460
2878
Philip B. Pacino*
445
300
293
489
319
435
403
482
3166
Daniel W. Halloran, Jr.
235
196
158
200,
169
196,
242
243
1639,
Ronald L. Wood
190
148
148
182
165
159
184
226
1402
Other
2
0
0
0
0
0
0
0
2
Blanks
714
441
380
659
434
628
614
843
4713
Total
1996
1396
1256
1918,
1384
1780
1816
2254
13800
*Elected
School Committee for three years - Vote for Two
Candidate
Pr 1
Pr 2
Pr 3
Pi -4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Harvey J. (Pete) Dahl*
477
278
219
482
300
395
432
559
3142
Roberta C. D'Antona
466
259
219
473
293
376
383
479
2948
Linda M. Phillips
403,
339
327
371
, 288
416
363
454
2961
John F. Russo*
430
326
319
348
320
392
376
461
2972
Other
0
0
0
0
2
0
1
1
4
Blanks
220
194
172
244
181
201
261
300
1773
Total
1996
1396
1256
1918
1384
1780
1816
2254
13800
*Elected
Town Meeting Members for three years - Vote for not more
than Eight
Candidate
r 1
r 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Herbert W. Converse
369
Mark L. Dockser*
484
Catherine S. Durant*'
487
William R. Grace*
464
Ellen Mounteer*
507
Thomas J. Ryan*
405
James K. Taylor*
459
Patricia A. Andrews*
413
Mary F. Grimmer*
415
David F. Lee, Jr.
369
Other
20
Blanks
3592
Total
7984
I*Elected
Town Meeting Member for.one year--_V__ote_for_not_more- t
han_Qne
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Lyiuie A. Crawford*
404
S. Paul Pedi
206
Alvin A. Robinson, Jr.
90
Other
2
Blanks
296
Total
998
I*Elected
Town Meeting Members for three years - Vote for not more
than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Anthony L. Rickley*
360
John D. Wood*
365
Mary E. Bishop*
389
David A. Craven*
339
Peter Lorenzetti*
317
Philip LeBlanc*
5
Kenneth J. Beech*
4
Francis P. Burke*
4
John Parsons
4
Other
22
Blanks
3775
Total
5584
*Elected
Town Meeting Mem
bers for one year - Vote for not more than Two
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Laurie Arsenault*
1
Neil Cadigan*
1
Other
16
Blanks
680
Total
698
*Elected
Town Meeting Members for three years - Vote for not more than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr f
Pr 6
Pr 7
Pr 8
Total
Robert J. Coffey*
323
William F. Lavoie*
312
Gerald L. MacDonald*
390
Steven G. Oston*
319
Robert Petrosino*
301
William T. Bogaert*
4
Francis P. Driscoll*
4
Kyle Childress*
2
Other
23
Blanks
3346
Total
5024
*Elected
Town Meeting Members for one year - Vote for not more than Two
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
John T. O'Connor*
403
Nona Jean Childress*
1
Other
9
Blanks
843
Total
1256
*Elected
Town Meeting Members for three years - Vote for not more
than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Stephen M. Conner*
491
David Lautman*
496
Thomas J. Meharg*
472
Philip B. Pacino*
452
Robert S. Salter*
482
Timothy R. Twomey*
571
Michael N. Coltman
328
Karen M. Epstein*
482
Ralph L. Vinciguerra*
457
Other
2
Blanks
3439
Total
7672
I*Elected
Town Meeting Members for one year - Vote for not more t
han Two
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Jennifer H. Culbert*
582
Nancy J. Twomey*
2
Other
12
Blanks
1322
Total
1918
*Elected
Town Meeting Members for three years - Vote for not more
than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Christopher R. DiMattei*
343
Paul C. Dustin*
345
Eleanor K. Higgott*
320
Catherine R. Kaminer*
344
Paul A. Kelley*
372
Timothy J. Kelley*
366
Lynn E. O'Brien*
364
Philip R. Maher*
8
Other
28
Blanks
3046
Total
5536
,
*Elected
Town Meeting Member for one year - Vote for not more t
han One
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Janice M. Jones* - 22 Mt. Vernon St
10
Other
29
Blanks
653
Total
6921
1
*Elected
Town Meeting Members for three years - Vote for not more than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
James E. Bonazoli*
377
Kevin M. Douglas*
436
James J. Fandel*
427
Diana M. Kaine*
401
James A. Keigley*
398
Stephen P. Quigley*
438
Nathan C. White*
374
Steven F. Driscoll
358
James B. Francis
304
Gary D. Phillips*
379
Other
6
Blanks
3222
Total
7120
*Elected
Town Meeting Mem
ber for t
wo years - Vote for not more than One
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Brian J. Dunn
231
Kevin R. Sullivan*
268
Other
2
Blanks
389
Total
890
*Elected
Town Meeting Members for three years - Vote for not more than Eight
Sndidate
Pr 1
2
-Pr j
r 4
Pr 5
r 6
Pr 7
Pr
TDAAI
John E. Carpenter*
486
Joanne T. Cusolito*
455
John J. Greichen, Jr.*
424
Nancy B. Matheson*
454
Gary M. Nihan*
514
David M. Swyter*
442
Michele W. Chiappini*
454
Jennifer K. Lachmayr*
8
Other
32
Blanks
3995
Total
7264
*Elected
Town Meeting Member for one year - Vote for not more t
han One
Candidate
Pr I
P
Pr 3
Pro
Pry
hr-fi
Prs
Pr S
T-QA al
Mildred L. Barton
2
-
Other
37
Blanks
869
Total
908
*Elected
Town Meeting
Members for three years - Vote for not more
than Eight
Candidate
FI
Pr 2
Pr 3
'r
Per S
' r 6
Pr7
Pr 8
Total
William C. Brown*
471
Harvey J. (Pete) Dahl*
578
George B. Perry II
384
Bernice H. Pierce
339
John H. Russell*
447
Margaret W. Russell*
443
Frederick Van Magness*
388
Kathleen E. Golini*
430
William F. LeBlanc*
390
Joseph G. McDonagh
353
Lynda W. (Lyn) Schmidt
353
Denise D. Wyer*
476
Other
6
Blanks
3958
Total
9016
*Elected
'
Question #1
Shall the Town of Reading be allowed to assess an additional $1,200,000 in real estate and
personal property taxes for the purpose of municipal, school and capital expenses for the
fiscal year beginning July first, two thousand one?
Question 1
Pr 1
Pr 2.
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Yes
467
262
204
499
304
396
446
514
3092
No
520
415
406
436
362
469
438
582
3628
Blanks
11
21,
181
* 24,
26,
25
24
31,
180
Total
998
698
628
959
692
890
908
1127
6900
a true copy. Attest:
M `
Cheryl. John 66-n
Town Clerk
ANNUAL TOWN MEETING
Reading Memorial High School April 23, 2001
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:44 p.m., there being a
quorum present.
The Invocation was given by The Reverend Kevin Vendt of the First Baptist Church, followed
by the Pledge of Allegiance to the Flag.
New Town Meeting members were sworn in.
The Warrant was partially read by the Town Clerk, Cheryl A. Johnson, when on motion by
George V. Hines, 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 2 - George V. Hines, Chairman of the Board of Selectmen, gave the following State
of the Town 2000 Report:
I am honored to have the opportunity to address Town Meeting and the community on the State
of our Town. Different Chairmen charged with delivering this report take a different approach.
Since I am essentially pinch hitting for former chairman Matt Nestor who chose not to run for re-
election I am going to exercise my prerogative to follow my previous pattern of talking about my
perception of our existence as opposed to the historical regurgitation. For the historically
inclined, I will include some of the pertinent events that occurred since our last gathering of this
annual democratic exercise.
I have to report that while those of us who engage in the governing of Reading are suffering a
great deal of angst over how to manage the activities of town government with resources that do
not match the perceived needs, my sense is that the average citizen feels the State of Reading is
good. Despite the deterioration of our roads and the fact that we cannot maintain the staff levels
of public safety or public works that we have had in the past, despite the fact that our
management staff has been forcibly reduced, despite the fact that the effectiveness of our school
system is being eroded by the cost of staffing, providing benefits, meeting state requirements and
replacing aging buildings, despite the fact that we are faced with escalating expenses including
unprecedented energy costs, despite the fact that we have state leadership that panders to an
anti-tax environment and fails to return our money to serve our needs, we as property owners are
enjoying unprecedented increases in our property values. We average homeowners, see our
trash picked up every week, the traffic lights and street lights work, when we call 911 the police,
fire or ambulance respond, our Library, one of the busiest and best in the State is open
convenient hours, the school department continues to educate our children and those who want
to, continue to get into good colleges and universities, so things look good.
This will change over time, slowly perhaps but it will change. As we continue to enjoy the
benefits we reap from undetermined hours of free time and expertise dedicated by volunteer
Selectmen, School Committee members, Light Board members, Finance Committee members
Town Meeting members and scores of other volunteers on numerous committees, these services
will slowly breakdown and deteriorate from lack of appropriate resources. And I have to add
that despite election campaign rhetoric to the contrary, the Reading voters realize that our Boards
do work together for the best results for the community. It is foolhardy to think we can enjoy the
same level of service as in the past regardless of what those who long for a simpler past may
think. The latest census results show that we have been joined by over 1150 new neighbors and
that trend is unlikely to change. The per capita cost of providing basic services will not decline
and if we do not find a way to fund increasing costs, services will decline. One can look around
and see the result of what one year without a zoning enforcement officer has produced.
Over the past year the efforts of our volunteers have not only focused on extensive process
around the details of the town budget but issues around our water system (a report on the water
distribution system is available at the checkers tables tonight), affordable housing issues,
personnel, real estate issues and the many legal aspects around those issues.
Personnel issues included the retirement and replacement process of Fire Chief Don Wood, Fire
Chief Jack Mooney and Police Chief Ed Marchand. We also saw the retirement of Elder Service
Administrator Lois Bond, Housing Authority Executive Director Peg Plansky and the loss of
Conservation Administrator Karen Mullins, and Recreation Administrator Wayne Currie.
Related to personnel, the Selectmen re-bid for legal services and the process resulted in the
ending of a long term relationship with Attorney Ted Cohen and the start of a new contract with
the firm of Brackett and Lucas.
On the financial front, following the failure of an attempt to override Proposition 2 %i in April of
2000 the town's volunteer boards engaged in what even the harshest critics must admit was an
unprecedented effort to identify needs, maximize revenue, explain and justify expenditures,
develop a plan to seek approval for funding to fulfill those needs and plans, and now must deal
with the fallout of the failure of another override attempt. This sets the stage for what must be an
effort for Reading to join other communities to convince the legislature to gather the courage to
fashion some changes to a Prop 2 %2 law that is stacked against the communities.
On land use and real estate issues, the community dedicated a new Police Station, demolished an
old Police station after much prolonged public process, terminated a relationship with one
developer of the former landfill and designated a new developer which will hopefully result in a
long term relationship with two famous furniture salesmen.
There are many other issues consuming the effort of our town volunteers and staff in addition to
the aforementioned milestones but in the interest of brevity I will not attempt to chronicle them
all here.
Yes the State of Reading is good. Yes we struggle with so many of the issues, triumphs and
tragedies confronting society today. I have to tell you that I believe as I always have that the
promise of the future could be so much better. To achieve the kind of greatness. our village is
capable of achieving we have to learn from history, utilize our democratic process to determine
the direction we want our community to take then get behind those decisions as one without the
interference and waste of judicial process and work together toward the potential we hold as a
community. In that spirit, I issue a challenge, to all our citizens to participate, let your voice be
-2- Annual Town Meeting
April 23, 2001
- heard, but once heard get on board to the collective decisions made. To our Boards and
Committees listen, truly listen and show our citizens that they have been heard. It will be worth
the effort and will contribute to a positive future and the State of Reading will be even better.
ARTICLE 2 - Carol S. Grimm, Chairman of the Finance Committee, gave the following State
of the Town's Finances Report:
One year ago we reported to Town Meeting that the current year's budget, Fiscal 2001, may
represent the beginning of a decline that will be increasingly more difficult to recover from. The
decline and the degree of dismantling of departments have increased dramatically in the
proposed Fiscal 2002 budget. Due to a combination of constrained revenues, dwindling reserves
and severe increases in some fixed costs, the proposed Fiscal 2002 budget does not allow the
Town to provide the same level of services as last year.
Health care costs have climbed 14%, trash collection and recycling is up 15%, energy costs
increases of over 20% and the State mandated Teacher's Retirement Program cost Reading an
additional $160,000. In order to fund these double digit increases in fixed costs other areas of
the budget had to be cut. The pavement management program, three police positions, Assistant
Fire Chief, Assistant Town Manager, a Finance position, seasonal DPW staff, Library hours,
elementary, middle and high school teachers, the per pupil expenditure for supplies will be cut
and again no reserves have been set aside for unidentified Special Education students. The
cumulative affect of these cuts with last year's reductions will result in a deterioration of Town
services.
Last fall, Town Meeting approved the transfer of $257,000 in free cash to cover cost overruns in
the current year's budget primarily for health care; medicare/social security, worker's
compensation, fuel and special legal counsel. Under Article 7 tonight, Town Meeting will be
asked to transfer another $588,000 in free cash to cover the remaining shortfall in the current
year's budget. The transfers cover primarily snow and ice removal, energy costs and special
legal counsel expenses. These transfers along with setting aside $465,000 in free cash to cover
the Fiscal 2002 budget brings remaining free cash down to approximately $150,000 and $53,000
in the reserve fund. Leaving total cash reserves of just over $200,000. FinCom is projecting with
some regeneration, free cash plus the reserve fund at the start of FY2002 will be approximately
$800,000. That is under 2% of the operating budget and below FinCom guidelines of 3% to 5%
of the operating budget.
To start the year with this level of reserves is of great concern because it is less than all the
budget changes for Fiscal 2001. If we have as difficult a winter next year or special education
costs increase without additional Chapter 70 aid as an offset, like we had this year, we may find
we have to cut budgets mid-year to cover our costs. Additionally, the entire Fiscal 2002 budget
is predicated on the State House and Senate allocating $825,000 more in aid to Reading than the
initial Former Governor Cellucci's budget allocated for Reading. We are expecting $150,000 in
additional lottery receipts that will reduce the differential the legislature must make up to meet
our budget. But FinCom has warned all departments that significant shortfalls may have to be
absorbed within their budgets in FY 2002.
-3- Annual Town Meeting
April 23, 2001
Although we remain confident the landfill will be closed and the Addison Wesley property will
be redeveloped neither of these events will effect the FY2002 budget. At this time their impact
on FY2003 is unclear and we do not expect these projects to solve all Reading's financial
problems. The Town has never fully recovered from the budget cuts in the early 1990's. Even
though we had the override that benefited the FY94 budget and Education Reform money began
flowing into Reading that same year coupled with a period of declining health care and energy
costs we still could not manage to bring services back to prior levels. The budget cuts in FY01
and FY02 will be equally difficult to recover from especially as we head further into a period of
economic uncertainty.
We expect that over the next year the Town of Reading will again be faced with some difficult
financial decisions.
Thank you.
ARTICLE 2 - Russell T. Graham, Chairman of the School Building Committee, gave the
following report:
In our last report to Town Meeting we had advised that we would most likely come to this
Annual Town Meeting with a request for funds to do a full schematic plan for the Reading
Memorial High School. In that same report, we expressed our deep concern over the cost of
such a plan in times that some might call financially grim. While that cost would be included in
any request for a debt exclusion from the electorate, it would be something needed to be done
prior to asking for a debt exclusion, and it would obviously be a cost that must be paid regardless
of the outcome of that vote.
The pale white pallor that surfaced on the face of our Town Manager at the mention of this cost
told us that others evidently shared this concern.
In a series of discussions with the Town Manager as to the timetable for moving forward in the
sale of the landfill, it appeared that the potential for some infusion of cash, enough to cover the
cost of schematics could materialize in a timeframe that did not significantly alter the timeline
anticipated for the High School project.
Considering the finances of the Town, it seemed prudent to pursue that source of funding at
either the Fall Town Meeting or at a Special Town Meeting shortly thereafter.
In a joint meeting with the Board of Selectmen, School Committee, Finance Committee, and
School Building Committee, an update of the status of the project was given including a
discussion of this avenue to fund the schematics. No significant objection place, tacit approval
of this course was understood.
As a result, this warrant contains no request for funds and the School Building Committee is
moving forward on the timetable outlined at that joint meeting.
-4- Annual Town Meeting
April 23, 2001
Since that meeting, as a result of the recent override attempt, and the dialogue that took placed
therein, some discussion has ensured as to whether or not this cost for schematics should of an by
itself be a subject of a capital exclusion vote. This vote would obviously let us know clearly the
desires of the Town in moving forward on the High School and certainly create intriguing debate
on this very serious matter.
If defeated, however, Town Meeting would be effectively denied any report or review of the
solutions available to address the problems of this building and have no vote or debate on those
solutions since funding of the data necessary to that debate would have been denied.
Since the School Building Committee exists only for the purpose of advising Town Meeting on
school space issues and serves Town Meeting, then philosophically we are somewhat
uncomfortable, although not necessarily opposed to a funding mechanism that could have the
effect of denying the Committee an opportunity to carry out the charge directly given to us by
this body.
Further discussion between Town officials as to the process and mechanics of such a move will
take place and certainly the input of Town Meeting members is desired since it is your role in the
process that, depending on perspective, is denied or enhanced by such a course of action.
While the method of funding remains under discussion, the School Building Committee intends
to come before Town Meeting with a request for funds within the year.
On a separate subject, the School Building Committee wishes to update Town Meeting as to the
status of the new school and addition to Barrows. These solutions decided to be the answer to
the elementary enrollment crunch.
First let us assure you that the solid reasons which moved this body and the electorate to that
decision remain. The 18% increase in enrollment of the last ten years is actual. These are not
projections; these are real kids already there.
The increased birth rate of children, not yet at school, is actual and cannot change. These are not
projections, these are actual births.
As of this afternoon, between portables and kindergarden children at the Coolidge Middle
School, close to 300 elementary school children are not in regular elementary classrooms in our
system. Classes for special education and physical therapy continue to be held in inappropriate
space, and art and music are still on the cart, and with reduction in the budget perhaps even the
cart will go.
These problems exist today and we must remember that the largest birth rate was 1997 - since
five years go by before these children show up at the school doorstep then these children will not
effect the problem until 2002.
The enrollment problem was real when you voted to solve it. The enrollment problem is real as
of today. The enrollment problem will be even more real tomorrow.
-5- Annual Town Meeting
April 23, 2001
Every projection done by absolutely anyone continues to support the data used to arrive at that
decision. The highest affirmation of the problem comes from a totally objective source that has
the most extensive experience with every school district within the Commonwealth, the Mass.
Department of Education. They are prepared to give the Town of Reading six million reasons
that support the problem and the data that led to our decision.
The new school and Barrows addition renovation are included in the latest list for funding. The
Department of Education has seen our portables, reviewed our birth rates, accepted our
projections and has committed Six Million Dollars to the solution. They do not do so lightly!
That commitment affirms the problem as defined and supports the absolute educational need to
address that problem.
Given the seriousness of the problem, we would like to be able to report that the elementary
project is moving forward in a timeframe that brings solution to such an important educational
issue. That is not the case. For what they believe to be sincere reasons, actions have been taken
by individuals that delay the construction of the new school.
The end result of such action, no matter how nobly perceived, is to dramatically increase the cost
of the project or significantly reduce the scope of the project. Town Meeting should be prepared
to face the problems, which will be the inevitable consequences of these delays.
The School Building Committee again thanks Town Meeting for its ongoing support and urge
your active involvement in these issues so critical to the future of Reading and more importantly
to the future of our children.
ARTICLE 2 - Stephen M. Conner, Chairman of the Board of Library Trustees, gave the
Following State of the Reading Public Library Report: .
On behalf of the Reading Board of Library Trustees, I am pleased to report that the Reading
Public Library has continued to provide outstanding and nationally recognized service to you this
past year.
We reported to you last spring that Deirdre Brennan, our former director, had accepted a new
position. The board then set about establishing formal search procedures. We formed a search
committee comprised of board members, library staff and community members and began the
search for a new director. The process spanned four months. There were over 25 applications
from 8 states. In July the position was offered to and accepted by our own Kimberly Lynn, then
head of Reading's Information Services Department.
As we knew she would, Kim threw herself into the job with great energy, quickly adapting to her
new role. We are pleased to report that Kim is admirably meeting the challenge of leading a
great library and we are more than comfortable with our choice.
The board acknowledges the support of the Town Manager, with special thanks to Carol Roberts
for her invaluable assistance.
-6- Annual Town Meeting
April 23, 2001
Esme Green who joined us in October has filled Kim's former position, head of the Information
Services Department. And Jaime Penney who became a member of the team in October also
now fills the position of head of the Circulation Department.
The board and staff wish to publicly acknowledge with gratitude the dedication and service of
Dr. Christine Redford, who did not seek reelection this year. In her reserved and dignified
manner, Chris served the library and the town for fifteen years. She has been an exemplary
trustee and we will miss her steady hand.
The board welcomes Ms. Roberta McRae as its newest member. Roberta, former chair of the
Reading Arts Council, continues her generous service to this community and we look forward to
her insightful contributions.
The library enjoys and celebrates the support and faithfulness of the Friends of the Reading
Public Library. We wish to thank Peter and Karen Brown for their extraordinary contributions as
co-chairs. They have extended and fortified the Friends in terms of organization, membership,
programs and enthusiam. Suzie Axelson is serving as the current chair of the Friends; her
contributions are already in evidence and we anticipate continued support from these, our
treasured friends.
The Reading Public Library Foundation continues to make significant progress toward its goal of
establishing an endowment that will fund special programs that will extend our service beyond
day to day operations. We thank them for their tireless work and continued support.
The real kudos this year goes to Diane Young, our assistant director. Diane at various times
served as our acting director and acting head of circulation - in addition to her regular duties,
which of themselves are too numerous to mention. Diane will modestly claim that she had
considerable help from the rest of the staff. While this is most certainly true because that's the
kind of "above and beyond" staff we have, they would be the first to join the board in
acknowledging Diane's heroic contributions this and every year. A wholehearted thanks, Diane!
A new program, Reference on Call, was inaugurated in August. Through a contract awarded to
the Reading Public Library by NMRLS (Northeast Massachusetts Regional Library System),
Reading" reference services are available to the region (by phone, fax, email) during hours both
before and after regular hours, including Sundays and holidays. We are the only library in the
state to offer such a service!
The program is renewable for two years, is growing in popularity and two other regions are
considering plugging into ours. So, on Memorial Day, when you have that burning question
about the migratory patterns of the red-breasted nuthatch, check us out - the number is 1-866-
REFONCALL!
Quite a transition year, you say? We readily agree. Did the Library's service skip a beat? Was
there a drop in the energy level? Period of confusion? We think not. The reason? This
community is gifted with a library staff to die for - highly competent, professional, energetic,
-7- Annual Town Meeting
April 23, 2001
innovative dedicated heart and soul to serving your needs. Far be it for me to mention that this -
dedication makes the Reading Public Library a world class institution. The point is, it's here and
it's yours! Use it and enjoy it! You motivate the staff of the Reading Library!
Nevertheless...
Are we, the board, the staff, the Friends, the Foundation, the volunteers concerned? You bet we
are!
The failure to pass the recent override means that our budget will cut very close to the bone next
year. We will avoid at all costs reducing that part of our budget that supports new materials. For
if we were to do that, we would lose state aid; and that would be catastrophic. That leaves us
with no choice but to cut personnel expenses; and that means reduced hours, programs, and
planning.
As the remaining staff hours are devoted more and more to supporting the public desks -
circulation, children's, information services, technical services - that means:
- it will take longer for materials to get into your hands and longer to get back on
the shelves
- it will eliminate programs such as the junior book discussion group, outreach to
teachers, and 61b grade book talks
- other programs will be scaled back - summer reading program, storytime
programs, book discussion groups
- it will take longer to process interlibrary loans'
development of our website will suffer
weeding the collection and development of the collection will suffer
We, the board, pledge our effort and support to the library staff and you to mitigate the effects of
a reduced budget. Dedication, innovation and unparalleled service have been and will continue
to be hallmarks of the Reading Public Library. However, we would be less than honest with you,
and with ourselves, if we did not acknowledge our grave concern, a concern common to all
departments, municipal and school. The Library is understaffed and underfunded. Despite our
best efforts and we pledge you those, you are certain to experience the shortfalls.
ARTICLE 2 - Matthew Cummings gave the following Report of Progress on the Reading
Business Park:
The Board of Selectmen on behalf of the Town of Reading signed a Purchase and Sale
Agreement with Dickinson Development on July 18, 2000. Accompanying that Purchase and
Sale Agreement was a comprehensive timeline for the development of the project. That timeline
is still accurate and the development remains on schedule.
Many of you may remember, and for those new Town Meeting Members, the original plan called
for a mixed-use complex to include retail space with Home Depot, an office building, hotel, I
-8- Annual Town Meeting
April 23, 2001
cinema and restaurant. There has been a significant change from that original proposal and
concept plan.
❑ On November 28, 2000, the Board of Selectmen approved a concept plan presented by
Dickinson, which included a change in use from the cinema component to the Jordan's
Furniture component. In addition, the office-building component was enlarged and a parking
structure, was added. This approval was given after the proponent furnished information
verified by our assessing department that provided for an equal, if not better, tax return for
the substitute use.
❑ On December 12, 2000, a joint meeting of the Board of Selectmen, Conservation,
Commission and CPDC was held to hear a presentation by Dickinson and ask questions with
respect to all issues surrounding the project. This included questions on items such as the
integration of the overall development with the landfill closure. The boards met not only to
exchange ideas but also to better understand the nature of the complexities surrounding the
project and what would be required to make it a reality.
❑ On January 16, 2001, Dickinson Development filed a preliminary planned unit development
plan under the Reading zoning by-laws. The CPDC and Conservation Commission held a
joint public hearing on February 7th. In addition, the CPDC hosted a public meeting
especially for abutters and took questions and comments regarding traffic impacts and other
mitigation measures. There were also additional meetings in early 2001 with DEP on the
project.
❑ In March of this year, Dickinson Development approached the Town and Board of Selectmen
for a modification to allow for the application for a Public Works Economic Development
(PWED) Grant to assist in the traffic and infrastructure improvements associated with the
project. This request was driven by the growing costs of site development as a result of the
change of use. Originally with the cinema component, a good portion of the site
development was for parking, with the substitution of Jordan's Furniture and the addition of
the parking structure; much more site development is needed. The Board of Selectmen at our
Meeting of April 17th approved this. This is of no cost to the Town of Reading.
❑ Also, on April 17, 2001, Dickinson Development submitted its Final PUD plan and Notice of
Intent to the Town.
❑ It is expected in the months ahead, the Town will conduct public hearings on the Planned
Unit Development plan. The process will result in a special permit from the CPDC and an
Order of Conditions from the Reading Conservation Commission.
❑ DEP will regulate the landfill closure process under its guidelines. The Town expects that
Dickinson will be filing the third part of four in the landfill closure process at the end of this
month. According to the developer's schedule, the final landfill closure plan will be filed in
August with approval expected sometime in December of this year.
❑ As part of the filing process, the Town will be holding public hearings over the months of
May and June. We encourage residents to attend those meetings and provide input.
❑ The Board of Selectmen will monitor the Walkers Brook Crossing, which is the new name
for the site, continuously. We continue to be assured that the closure process will begin in
December and development will continue throughout 2002 with completion in 2003. We are
cautiously optimistic that the project as you can see will come to fruition; but remain vigilant
and in constant communication with Dickinson Development.
-9- Annual Town Meeting
April 23, 2001
ARTICLE 2 - Peter I. Hechenbleikner gave the following Report of Public Water System:
The Town has embarked on several efforts over the past year to take a comprehensive look at the
entire water system, and to work to begin to implement many of the recommendations made.
This report is a summary of those proposals, and the efforts made to date.
Water Supply
In January 1999, the Reading Board of Selectmen formed an Ad-Hoc Water Supply Committee
to look at the future of water supply in Reading. This study lasted nearly one year and included a
comprehensive review of future water options. At the conclusion of the study, the membership
recommended several actions that are now in progress:
• Petitioning for Entry into the MWRA. In late March of this year, an Environmental
Notification Form was filed with the MWRA and Water Resources Commission by our
consultant Camp Dresser McKee to begin the process of formal entry into the MWRA water
system. We anticipate this process will take the better part of two years. "Buying In" to the
MWRA will require several filings and special legislation, along with approval of the
governor. Hearings will be held and the Town will be presenting to the MWRA Advisory
Board and the Water Resources Commission in the coming months. We are seeking to buy
into the MWRA for 600,000 gallons per day of additional capacity to supplement our current
supply, primarily in the peak flow hot weather.
• Renovation of the Existing Water Treatment Plant. The Ad Hoc Committee
recommended that the Town retain its existing Water Treatment Plant, and upgrade it to meet
new water quality standards. The Town's supply will provide for the "routine" water supply,
and we will depend on the MWRA source for the unusual supply needs, primarily.to
supplement the Town supply during heavy warm weather demands. Funds for design of this
project are included for FY 2002 in the Capital Improvements Program, with appropriation
probable in the fall of 2001 or spring of 2002.
• Explore for bed-rock wells. The Ad Hoc Committee recommended that the Town explore
for additional water supplies, and a preliminary study has identified promising sources in the
northerly area of Reading - in the Town Forest and in Bare Meadow. During the next
several months we will be developing test wells. The purpose of the bedrock wells is to
supplement existing well capacity, and to diversify the local source of our water;
• Water Conservation. One "source" of water is to encourage and mandate conservation of
water by existing and future users. The Ad Hoc Committee recommended this regardless of
what other water supply measures are taken. One conservation measure that is ongoing is a
leak detection program that has been implemented by the DPW, and which has already saved
tens of thousands of gallons of water per day. The Water and Sewer Advisory Committee is
developing additional measures to be recommended to the Board of Selectmen. These will
probably include rebates and incentives to customers for converting to low-water-demanding
fixtures and appliances.
Water Distribution and Storage
The Town has contracted with Weston and Sampson for a comprehensive review of the water
distribution system, and a preliminary report has been made to the Board of Selectmen. Included
in the study is a comprehensive capital plan for improving the distribution system. Although the
_10- Annual Town Meeting
April 23, 2001
recommendations from that study are included in the 2002 Capital Improvement Program for
planning purposes, more review is needed. Among other things is the need to coordinate the
Town's Pavement Management Program with the water distribution system improvements.
One major element of the water distribution recommendations that needs further study and
decision is the issue of the need for additional water storage. The "Rocket" storage tank on
Auburn Street has been taken out of service and demolished. It appears that if the Town is
successful in gaining entry into the MWRA, a third storage tank will not be needed. However,
for redundancy purposes, the Department of Public Works would prefer a third tank. This issue
is currently under deliberation by the Board of Selectmen and a decision will be forthcoming this
year.
Water and Sewer Rates
The final area of review is the area of water and sewer rates, and what the Town needs to do and
can do to:
• Encourage Conservation;
• Build stable rates; and
• Establish adequate funding for the capital improvements needed for the water and sewer
systems.
The Town engaged the firm of Russell Consulting to conduct a comprehensive analysis of our
water and sewer rate system. Reading has a reputation for having high water rates. A portion of
this can be directly attributed to the fact that the system captures all costs as an enterprise fund
under the Massachusetts General Laws. Other communities hide the true cost of water
operations in the tax rate, and therefore the cost of producing water and running a plant may be
artificially low. Additionally, Reading's water supply is difficult and expensive to treat.
Nonetheless, the Town has realized that an expert review of its water rates is in order to ensure
the highest amount of equity and fairness in the structure. The draft study will be presented to
the Board of Selectmen this spring, but it is not expected that the recommendations will be made
in time to affect this year's rates.
ARTICLE 2 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
moved to table the subject matter of Article 2.
ARTICLE 3 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
moved that the subject matter of Article 3 be tabled.
ARTICLE 4 - On motion by Camille W. Anthony, Vice-Chairman of member of the Board of
Selectmen, it was voted that the subject matter of Article 4 be indefinitely postponed.
ARTICLE 5 - On motion by Richard W. Schubert, member of the Board of Selectmen, it was
voted to authorize the Board of Selectmen to sell, or exchange, or dispose of, upon such terms
and conditions as they may determine, the following items of Town tangible property:
Department of Public Works
1980 International Dump Truck
1990 Dodge B350
- 11 - Annual Town Meeting
April 23, 2001
1991 Ford Crown Victoria
1988 GMC Utility Truck
Fire Department
1973 Ford Pumper Model C914, VIN #91LVR74958
Police Department
2 Police Cruisers
Miscellaneous Departments
Various items of furnishings
ARTICLE 6 - On motion by Gail F. Wood, member of the Board of Selectmen, it was
voted to amend the FY 2001-FY 2010 Capital Improvements Program as provided for in Section
7-7 of the Reading Home Rule Charter and as previously amended, by adopting the revised
Capital Improvements Program dated April 23, 2001.
NOTE: In the Report of the Warrant - Line PW-W-31- Buy-in MWRA increase to $85,500 by
Fred Van Magness - friendly motion should have been $85,500.
ARTICLE 7 - On motion by Carol S. Grimm, Chairman of the Finance Committee, it was voted
to amend the votes taken for the following lines under Article 13 of the Warrant of the Annual
Town Meeting of April 24, 2000, as amended by Article 4 of the Subsequent Town Meeting of
November 13, 2000, relating to the Fiscal Year 2001 municipal budget, and that the Town 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 as follows:
Line
Acc't
Description
+
Cumulative
Comment
C3
022
Reserve Fund
$90,000
-$90,000
C6
045
Technology Expenses
$3,000
-$87,000
Telephone Expenses
C9
042
Personnel Expenses
$17,500
-$69,500
Police Chief
Assessment Center and
Advertisin
D13
015
General Services Salaries
$3,500
-$66,000
D11
850
Property/Casualty Insurance
$8,500
-$57,500
G1
111
Police Salaries
$50,000
-$107,500
Vacant Positions
G5
121
Fire Salaries
$75,000
-$32,500
Overtime
H9
DPW Salaries
$15,500
-$48,000
Vacancies
H10
DPW Expenses
$59,000
$11,000
Brush Collection,
Vehicle Maintenance
H11
325
Street Lighting
$1,000
$12,000
Higher Fuel Charges
H13
321
Snow and Ice
$410,000
$422,000
Bad Winter
11 & 12
200
Building Maintenance -
Schools
$75,000
$497,000
J
200
School Legal
$65,000
$562,000
Legal Costs related to
10 Taxpayer Suit
M3
815
Unemployment Benefits
$2,500
$564,500
Current Expenses are
running high
D3
012
Town Manager Expenses
$24,000
$588,500
Grant Consultant
TOTAL
$588,500
$588,500 from Free Cash
N4
Water Capital
$85,500
For MWRA Water Buy-In
N4
Water Capital
190,000
Summer Ave. Water Line
TOTAL
$105,500
$105,000 from Water
Reserve
-12- Annual Town Meeting
April 23, 2001
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ARTICLE 8 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted to approve the FY 2002-FY 2011 Capital Improvements Program dated April 23, 2001, as
provided for in Section 7-7 of the Reading Home Rule Charter.
On motion by Mary Ellen O'Neill, Precinct 6, it was moved to lay Article 8 on the table until
Thursday to give Town Meeting Members time to review the material.
Standing vote
53 voted in the affirmative
88 voted in the negative
motion to postpone does not carry
ARTICLE 9 - On motion by Camille W. Anthony, Vice-Chairman of the Board of Selectmen, it
was voted to 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
for highway projects the sum of $310,230.08 in accordance with Chapter 90, Massachusetts
General Laws.
ARTICLE 10 - On motion by Richard W. Schubert, member of the Board of Selectmen, it was
voted to amend the fees as established in Section 4.5.3 of the General Bylaws of the Town of
Reading as amended, by substituting for the schedule in the above section the following
schedule:
Old
New
Fee
Fee
Filing and indexing assignment for the benefit of creditors
10.00
10.00
Entering amendment of a record of the birth of a child born
out of wedlock subsequently legitimized
10.00
20.00
Correcting errors in a record, of birth
10.00
20.00
Furnishing certificate of a birth
5.00
10.00
Furnishing an abstract copy of a record of birth
4.00
8.00
Entering delayed record of birth
10.00
20.00
Filing certificate of a person conducting business under
any title other than his real name
20.00
40.00
Filing by a person conducting business under any title
other than his real name of a statement of change of his
residence, or of his discontinuance, retirement or with-
drawal from, or change of location of, such business
10.00
20.00
Furnishing certified copy of certificate of person conduct-
ing business under any title other than his real name, or a
statement by such person of his discontinuance, retirement
or withdrawal from such business 5.00 5.00
-13- Annual Town Meeting
April 23, 2001
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. 30
Old
New
Fee
Fee
Recording the name and address, the date and number of
the certificate issued to a person registered for the practice
of podiatry in the Commonwealth
20.00
20.00
Correcting errors in a record of death
10.00
20.00
Furnishing a certificate of death
5.00
10.00
Furnishing an abstract copy of a record of death
4.00
8.00
Entering notice of intention of marriage and issuing
certificate thereof
15.00
25.00
Entering certificate of marriage filed by persons married
out of the Commonwealth
5.00
10.00
Issuing certificate of marriage
5.00
10.00
Furnishing an abstract copy of a record of marriage
4.00
8.00
Correcting errors in a record of marriage
10.00
20.00
Recording power of attorney
10.00
20.00
Recording certificate of registration granted to a person
engaged in the practice of optometry, or issuing a certified
copy thereof
20.00
20.00
Recording the name of the owner of a certificate of registration
as a physician or an osteopath in the Commonwealth 20.00 20.00
Recording order granting locations of poles, piers, abutments
of conduits, alterations or transfers thereof, and increase in
number of wires and cable or attachments under the provisions
of Section 22 of Chapter 166 of the General Laws Flat rate 40.00 200.00
Additional Streets 10.00
Examining records or papers relating to birth, marriage or
deaths upon the application of any person, the actual expense
thereof, but not less than 5.00 10.00
Copying any manuscript or record pertaining to a birth,
marriage or death 5.00 5.00/page
Receiving and filing a complete inventory of all items to be
included in a "closing out sale," etc. First page 10.00 10.00
Additional page 2.00 2.00
Filing a copy of written instrument or declaration of trust by the
trustees of an association or trust, or any amendment thereof
as provided by Section 2 of Chapter 182 of the General Laws 20.00 20.00
Recording deed of lot or plot in a public place or cemetery 10.00 10.00
-14- Annual Town Meeting
April 23, 2001
Recording any other documents
Voter's certificate
Old
New
Fee
Fee
First page 10.00
10.00
Additional page 2.00
2.00
5.00
8.00
ARTICLE 11- On motion by George V. Hines, Chairman of the Board of Selectmen, it was
moved that the subject matter of Article 11 be indefinitely postponed.
ARTICLE 12 - On motion by Gail F. Wood, member of the Board of Selectmen, it was voted
to authorize the Board of Selectmen to file a Home Rule petition allowing the Town of Reading
to establish an Affordable Housing Trust Fund, in substantially the form as presented to Town
Meeting.
"The Town of Reading may establish a separate fund to be known as the Affordable Housing
Trust Fund for the purpose of creating or preserving affordable housing by: (a) the Town of
Reading or the Housing Authority; or (b) a housing trust or community development corporation
created under the laws of the commonwealth. The funds may specifically be used to purchase
and improve land, to purchase dwelling units or to develop new or rehabilitate existing dwelling
units for purchase or rental by qualified affordable housing purchasers or tenants or to preserve
existing affordable housing in the affordable housing inventory. Expenditures shall follow an
allocation plan submitted by the Board of Selectmen. The allocation plan and any specific
capital purchases for land or buildings shall be approved at a Town Meeting. Any acquisition or
disposition of real property shall be subject to approval at a Town Meeting. Other expenditures
from the Affordable Housing Trust Fund shall be authorized.by a majority vote of the Board of
Selectmen and such expenditures shall be used for affordable housing purposes. "
On motion by Mark Jackson, Precinct 3, it was moved to delete the line "or to preserve existing
affordable housing in the affordable housing inventory".
Motion to amend does not carry.
On motion by Robert L. Mandell, Precinct 6, it was moved to amend by adding "and Housing
Authority" after the words "majority vote of the Board of Selectmen".
Motion to amend carries.
On motion by Nona J. Childress, Precinct 3, it was moved to table the subject matter of Article
12 until the Reading Housing Authority has met and discussed the language of the Trust Fund.
Motion to postpone did not carrX.
On motion by Gerald L. MacDonald, Precinct 3, it was moved to delete the following:
under (a) "the Town of Reading or";
-15- Annual Town Meeting
April 23, 2001
f---; Y 'item (b);
"submitted by the Board of Selectmen'; and
- • "Fund shall be authorized by a majority vote of the Board of Selectmen" and replace with
"Fund shall be authorized by a majority vote of the Housing Authority"
Motion to amend does not carry.
Original motion as amended by Robert L. Mandell, Precinct 6, carries.
ARTICLE 13 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted that the Town vote to establish a revolving fund under Chapter 44, Section 53E1/2 of the
General Laws for the purpose of using the receipts generated through the sale of compost bins to
purchase additional compost bins, and -to pay for related expenditures pursuant to a program
administered by the Department of Public Works, and to authorize expenditures not exceeding
three thousand dollars ($3,000) during Fiscal Year 2002.
ARTICLE 14 - On motion by Susan Cavicchi, Chairman of the School Committee, it was voted
to authorize the Board of Selectmen, with the approval of the School Committee and the
approval of the Commissioner of Education, to rent or lease certain surplus space in the Reading
Memorial High School to one or more public or private profit-making businesses or non-profit
organizations; provided, however, that joint occupancy of the High School building will not
interfere with educational programs being conducted in said building and provided that the terms
of any such rental or lease shall be as approved by the School Committee.
Motion by Frederick Van Magness, Precinct 8, to amend after the words "to rent or lease" by
adding the words "REAP through June 30, 2002" and to delete the words "to one or more public
or private profit-making businesses or non-profit organizations".
Motion to amend did not carry.
Motion by William C. Brown, Precinct 8, to day the subject matter of Article 14 on the table.
Motion to lay Article 14 on the table did not carry.
On motion by Michael F. Slezak, Precinct 6, it was voted to move the question.
2/3 vote required
116 voted in the affirmative
21 voted in the negative
Original motion carried.
ARTICLE 15 - On motion by Richard W. Schubert, member of the Board of Selectmen, it was
voted that the subject matter of Article 15 be indefinitely postponed.
-16- Annual Town Meeting
April 23, 2001
ARTICLE 16 - On motion by Camille W. Anthony, Vice-Chairman of the Board of Selectmen,
it was voted to authorize the Board of Selectmen to transfer the following Town owned lands as
noted under such terms and conditions as the Board of Selectmen shall determine:
Map/Parcel
Location
Size
To be Transferred to:
047/005
West Street
1.69 acres
Conservation Commission
198/003
Haverhill Street
.27 acres
Conservation Commission
225/037
Main Street
.495 acres
Conservation Commission
020/023
Summer Avenue
.05 acres
Conservation Commission
01.3/079
Bear Hill
.748 acres
Conservation Commission
013/080
Bear Hill
.459 acres
Conservation Commission
013/082
Bear Hill
.459 acres
Conservation Commission
014/018
Bear Hill
.634 acres
Conservation Commission
154/004
Colburn Road
.290 acres
Conservation Commission
046/005
John Street
.468 acres
Conservation Commission and
Department of Public Works
013/047
Bear Hill
.09 acres
Department of Public Works
On motion by William C. Brown, Precinct 8, it was moved to delete Map/Parcel 154/004 -
Colburn Road lot.
Motion did not carry.
On motion by George V. Hines, Chairman of the Board of Selectmen, it was voted that this
Annual Town Meeting stand adjourned to meet at 7:30 p.m. at the Reading Memorial High
School, on Thursday, April 26, 2001 for the Special Town Meeting.
Meeting adjourned at 11:00 p.m.
166 Town Meeting Members were present.
A true copy. Attest: Cheryl . Town Clerk
-17- Annual Town Meeting
April 23, 2001
ANNUAL TOWN MEETING
Reading Memorial High School April 26, 2001
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 Anthony L. Rickley, Precinct 2, followed by the Pledge of
Allegiance to the Flag.
Presentation of Budget by Town Manager, Peter I. Hechenbleikner:
This is the 15th municipal budget that I have presented to Town Meeting as your Town Manager.
Each one of them seems more difficult than the last, and this one is no exception.
Reading's strength has been that, as a community, we face up to the difficult issues when we
need to, and we do not use gimmicks to get us out of difficult situations. This is called good
fiscal management, and in.spite of our fiscal,difficulties, we should continue to exercise good
fiscal management.
The process of developing the FY 2002 budget started in July 2000. We knew based on the FY
2001 failed override and reductions made in that budget, that FY 2002 would also be a difficult
year.
As part of that process, we quickly identified the order of magnitude of the problem - the
difference between available revenues and needed expenditures.
This problem is $2.1 million.
The Finance Committee, School Committee, Board of Selectmen, and the three bodies jointly,
held 43 meetings during the FY 2002 budget process. Some were joint meetings such as the
"Summit" that was held in the Fall and moderated by Town Meeting Member Fred Van
Magness. Many of the others were individual detailed working sessions on the budget. All of
them were public meetings, and I believe all of them including the FINCOM were televised on
Channel 9.
Based on the identified shortfall, and discussions between the Board of Selectmen, School .
Committee and the Finance Committee, the Board of Selectmen ultimately decided to put a $1.2
million proposition 2 %2 general operating override on the ballot in April. It was clear to all that,
while $1.2 million was not enough to solve all of the shortfall, it was a more realistic number that
would at least address many of the problems.
Through the budget process, the Town made it very clear to the taxpayers and voters what the
impact would be of not approving the proposition 2 %2 override.
o The voters were informed;
o The proposition 2 '/Z override did not pass; and
❑ The budget that you have before you is a reflection of these facts.
In a sense then, the FY 2002 budget is a very simple one - an informed electorate has voted not
to provide additional revenues for the operation of the Town and it's government and this budget
reflects the reductions that were promised.
ARTICLE 11 - On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town raise by borrowing, or from the tax levy, or transfer from available funds,
and appropriate the sum of:
$56,914,915 - Exclusive of State/Assessment
for the operation of the Town and its government for Fiscal Year 2002 beginning July 1, 2001.
ARTICLE 11- On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Items Al and A2 (Accounting Department):
$ 108,102
to be provided as follows:
Lines Al and A2
Property taxes, State aid and non-property tax local receipts
ARTICLE 11- On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Items B8 and B9 (Community Development Department):
$249,048
to be provided as follows:
Line B9
$940 from wetland fees
The remainder of Line B9 and Line B 10
Property taxes, State aid and non-property tax local receipts
ARTICLE 11- On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Items C 12 and C 13 (Finance Department):
$834,700
to be provided as follows:
Lines C12 and C13
Property taxes, State aid and non-property tax local receipts
-2- Annual Town Meeting
April 26, 2001
ARTICLE 11- On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Items D15 and D16 (General Services Department):
$580,399
to be provided as follows:
Lines D15 and D16
Property taxes, State aid and non-property tax local receipts
ARTICLE 11- On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Items E12 and E13 (Human Services Department):
$387,813
to be provided as follows:
Lines E12 and E13
Property taxes, State aid and non-property tax local receipts
ARTICLE 11- On motion by Carol S. Grimm, Chainnan of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Items F1 and F2 (Library Department):
$809,009
to be provided as follows:
Lines F 1 and F2
Property taxes, State aid and non-property tax local receipts
ARTICLE 11- On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Items G9 and G10 (Public Safety Department):
$5,771,185
to be provided as follows:
Lines G9 and G10
Property taxes, State aid and non-property tax local receipts
ARTICLE 11- On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Items H9 through H15 (Department of Public Works):
$3,424,621
to be provided as follows:
-3- Annual Town Meeting
April 26, 2001
Lines H9 through H13 and Line H15
Property taxes, State aid and non-property tax local receipts
Line H14
$99,890 from cemetery bequest with the remainder from property taxes, State aid and non-
property tax local receipts
On motion by Thomas J. Ryan, Precinct 1, it was moved to increase Line item H15 by $3800 to
be provided from Free Cash.
On motion by Harvey J. Dahl, Precinct 8, it was voted to move the question on Line item H15.
2/3 voted required
119 voted in the affirmative
14 voted in the negative
Motion carried.
On motion by Mark L. Dockser, Precinct 1, it was moved to reduce Line item H12 by $15,000
(curbside leaf pickups).
Motion did not carry.
On motion by William C. Brown, Precinct 8, it was moved to reduce Line item H14 by $25,000
(cemetery)(to health benefits).
Motion did not carry.
On motion by David Lautman, Precinct 4, it was moved to reduce Line item H12 to -0- from
$1,113,900 and move it to schools.
Motion did not carry.
On motion by Michael F. Slezak, Precinct 6, it was voted to move the question.
2/3 voted required
113 voted in the affirmative
18 voted in the negative
On motion by Peter A. Brown, Precinct 7, it was moved to decrease Line item H12 by $3800 and
move it to Free Cash.
Motion did not carry.
On motion by John D. Wood, Precinct 2, it was moved to decrease Line item H12 by $57,600
(remove condo collection).
Motion did not carry.
-4- Annual Town Meeting
April 26, 2001
ARTICLE 11- On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Item 15 (Building Maintenance):
$2,931,896
to be provided as follows:
Line 15
Property taxes, State aid and non-property tax local receipts
On motion by William C. Brown, Precinct 8, it was moved to adjourn Town Meeting.
Motion to adjourn did not carry.
ARTICLE 11 - On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Item J (School Department):
$24,959,781
to be provided as follows:
Line J
Property taxes, State aid and non-property tax local receipts
On motion by George V. Hines, Chairman of the Board of Selectmen, it was voted that this
Annual Town Meeting stand adjourned until Monday, April 30, 2001 at 7:30 p.m. at the Reading
Memorial High School Auditorium.
Meeting adjourned at 11:03 p.m.
152 Town Meeting Members were present.
A true copy. Attest: Cheryl Jo on
Town Clerk
-5- Annual Town Meeting
April 26, 2001
ANNUAL TOWN MEETING -
Reading Memorial High School April 30, 2001
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 Reverend Edward T. Malone, St. Agnes Catholic Church, followed
by the Pledge of Allegiance to the Flag.
ARTICLE 11- On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Item J (School Department):
$24,959,781
to be provided as follows:
Line J
Property taxes, State aid and non-property tax local receipts
ARTICLE 11- On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Item K (Northeast Metropolitan Regional Vocational School):
$155,636
to be provided as follows:
Line K
Property taxes, State aid and non-property tax local receipts
ARTICLE 11 - On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Items L1 and L33 (Debt and Capital):
$3,963,545
to be provided as follows:
Line L 1
$137,500 from sale of real estate funds, $55,000 from cemetery sale of lots, and the remainder
from property taxes, State aid and non-property tax local receipts
L33
Property taxes, State aid and non-property tax local receipts
ARTICLE 11- On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Item M8 (Employee Benefits):
$6,281,930
to be provided as follows:
Line M8
$464,823 from certified free cash, $186,000 from overlay surplus with the remainder from
property taxes, State aid and non-property tax local receipts
On motion by Raymond F. Porter, Precinct 6, it was moved to lay Article 11 on the table.
Motion to lay Article 11 on the table did not carry.
ARTICLE 11 - On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Items Nl through N4 (Water Fund):
$2,697,477
to be provided as follows:
Line N4 $250,000 from water reserves
Lines N1 through N3 and the remainder of N4
Property taxes, State aid and non-property tax local receipts
ARTICLE 11- On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
moved that the Town approve and appropriate the proposed FY 2002 budget as presented for
Line Items 01 through 04 (Sewer Fund):
$3,759,773
to be provided as follows:
Line 04 $200,000 from sewer reserves
Lines 01 through 03 and the remainder of 04
Property taxes, State aid and non-property tax local receipts
ARTICLE 11- On motion by Carol S. Grimm, Chairman of the Finance Committee, it was
voted that the Town appropriate for the FY 2002 budget, exclusive of State and county
assessments:
$56,918.715
Representing the total of all previously made motions under Article 11 as amended.
Funds are to be provided as set forth in said previously made motions.
2/3 vote required
149 voted in the affirmative
- 0 - voted in the negative
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April 30, 2001
ARTICLE 17 - On motion by Jonathan E. Barnes, Chairman of the Community Planning and
Development Commission, it voted to remove all text found in Section 4.3.3 of the Zoning By-
Law and insert the following:
4.3.3. Site Plan Review By-Law
4.3.3.1 Applicability. The following types of activities and uses require site plan review
by the CPDC:
a. Construction, exterior alteration or exterior expansion of, or change of use within
an institutional, commercial, industrial, or multi-family structure with four or
more dwelling units;
b. Construction or expansion of a parking lot for an institutional, commercial,
industrial, or multi-family structure or purpose.
4.3.3.2 Procedures. Applicants for site plan approval shall submit twelve (12) copies of
the site plan to the CPDC for review, and within three (3) days thereafter request a
determination from the Town Planner on completeness of application. The Town
Planner shall make a determination of completeness within thirty (30) days of
receipt of such application. The CPDC shall review and act upon the site plan,
with such conditions as may be deemed appropriate, within sixty (60) days of its
determination of completeness, and notify the applicant of its decision. The
decision of the CPDC approving site plan review, shall be a majority of the
commission and shall be in writing. No building permit or certificate of
occupancy shall be issued by the Building Inspector without the written approval
of the site plan by the CPDC, or unless 60 days lapse from the date of a
determination of completeness of the site plan without action by the CPDC.
4.3.3.3 Requirements
4.3.3.3.1 Where the CPDC serves as the special permit granting authority
for proposed work, it shall consolidate its site plan review and special permit
procedures.
4.3.3.3.2 The applicant may request, and the CPDC may grant by majority
vote, an extension of the time limits set forth herein.
4.3.3.3.3 No deviation from an approved site plan shall be permitted without
modification thereof approved by CPDC.
4.3.3.4 Preparation of Plans. Applicants are invited to submit a pre-application sketch of
the proposed project to the CPDC and to schedule a comment period at a regular
meeting of the CPDC. Site Plans shall be submitted on 24-inch by 36-inch sheets,
or larger if necessary for clarity. Plans shall be prepared by a registered
professional engineer, registered land surveyor, architect or landscape architect, as
appropriate. Dimensions and scales shall be adequate to determine that all
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April 30, 2001
requirements are met and to make a complete analysis and evaluation of the
proposal.
4.3.3.5 Contents of Plan. The contents of the site plan are as follows:
4.3.3.5.1 Five (5) separate plans prepared at a scale of one (1) inch equals twenty
(20) feet or forty (40) feet or such suitable scale as may be approved by
the CPDC. The plans are as follows:
a. Site layout, which shall contain the boundaries of the lot(s) in the
proposed development, proposed structures, drives, parking, fences,
walls, walks, outdoor lighting, loading facilities, and areas for snow
storage after plowing. The first sheet in this plan shall be a locus plan,
at a scale of acceptable to the CPDC, showing the entire project and its
relation to existing areas, buildings and roads for a distance of one
thousand (1,000) feet from the project boundaries or such other
distance as may be approved or required by the staff.
b. Topography and drainage plan, which shall contain the existing and
proposed final topography at two-foot intervals and plans for handling
storm water drainage, including resource area delineation.
c. Utility plan which shall include all facilities for refuse and
sewerage disposal or storage of all wastes, the location
of all hydrants, fire alarm and fire fighting facilities on and
adjacent to the site, all proposed recreational facilities and open space
areas, and all wetlands including flood plain areas.
d. Architectural plans, which shall include the floor plans and
architectural elevations of all proposed buildings and a color rendering
or photographs of similar structures.
e. Landscaping plan, showing the limits of work, existing tree lines, and
all proposed landscape features and improvements including
screening, planting areas with size and type of stock for shrub or tree,
and including proposed erosion control measures.
4.3.3.5.2 The site plan shall be accompanied by a written statement
indicating the estimated time required to complete the
proposed project and any and all phases thereof.
4.3.3.5.3 A written summary of the contemplated projects shall be
submitted with the site plan indicating, where appropriate,
the number of dwelling units to be built and the acreage in
residential use, the evidence of compliance with parking
and off-street loading requirements, the forms of ownership
contemplated for the property and a summary of the
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April 30, 2001
provisions of any ownership or maintenance thereof,
identification of all land that will become common or public
land, and any other evidence necessary to indicate
compliance with this by-law.
4.3:3.5.4 The site plan shall be accompanied by drainage calculations by a
registered professional engineer. Storm drainage design must conform to
the Town of Reading subdivision regulations and Department of
Environmental Protection storm water regulations.
4.3.3.5.5 The CPDC may require a narrative statement detailing the impact of the
proposed use on municipal services and the environment, lighting, traffic,
hazardous materials storage, trash, hours of operation and construction
impacts.
4.3.3.5.6 Certification that the proposal is in compliance with the provisions, if
applicable, of the Americans with Disabilities Act and the Massachusetts
Architectural Barriers Board.
4.3.3.5.7 All plans submitted shall be in digital format as well as prints as approved
by the Town Engineer. Number of prints submitted shall be determined by
the Town Planner.
4.3.3.6 Approval. Site plan approval shall be granted upon determination by the CPDC
that the plan meets the following objectives. The CPDC may impose reasonable
conditions at the expense of the applicant, including performance guarantees, to
promote these objectives. Any new building construction or other site alteration
shall provide adequate access to each structure for fire and service equipment and
adequate provision for utilities and storm water drainage consistent with the
functional requirements of the CPDC's Subdivision Rules and Regulations. New
building construction or other site alteration shall be designed in the site plan,
after considering the qualities of the specific location, the proposed land use, the
design of building form, grading, egress points, and other aspects of the
development, so as to:
a. Minimize the volume of cut and fill, the number of removed trees 6"
caliper or larger, the length of removed stone walls, the area of wetland
vegetation displaced, the extent of storm water flow from the site, soil
erosion, and the threat of air and water pollution;
b. Maximize pedestrian and vehicular safety both on the site and
Approach/egression from it;
C. Minimize obstruction of scenic views from publicly
accessible locations;
d. Minimize visual intrusion by controlling the visibility of
5 - Annual Town Meeting
April 30, 2001
parking, storage, or other outdoor service areas viewed from public ways
or premises residentially used or zoned through the use of landscaping and
fencing;
C. Minimize glare from headlights and lighting intrusion;
f. Minimize unreasonable departure from the character, materials, and scale
of buildings in the vicinity, as viewed from public ways and places;
g. Minimize contamination of groundwater from on-site wastewater disposal
systems or operations on the premises involving the use, storage, handling,
or containment of hazardous substances;
h. Ensure compliance with the provisions of the Zoning By-Law;
i. Maximize property enhancement through use of landscaping
and other site amenities;
j. Minimize environmental impacts to adjacent properties through hours of
operation, deliveries, noise, rubbish removal and storage.
4.3.3.7 Lapse. Site plan approval shall lapse after two (2) years from the grant thereof if
a substantial use thereof has not sooner commenced except for good cause. Such
approval may, for good cause, be extended in writing by the CPDC upon the
written request of the applicant.
4.3.3.8 Regulations. The CPDC may adopt and from time to time amend reasonable
regulations for the administration of these site plan guidelines.
4.3.3.9 Fee. The CPDC may adopt reasonable administrative fees and technical review
fees for site plan review at levels necessary to cover costs. The CPDC may also
require the applicant to fund professional review of the filing.
4.3.3.10 Appeal. The appeal of any decision of the CPDC hereunder shall be made in
accordance with the provisions of Mass. Gen. L. Ch. 40A. § 17.
4.3.3.11 Exemptions
Site Plan Review shall not be required for the following:
a. The construction is solely for the maintenance or repair of the
existing structure;
b. The construction, expansion or alteration of a building or
structure does not exceed three hundred (300) gross square
feet, or such alteration involves only interior renovation of
less than one thousand (1,000) gross square feet;
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April 30, 2001
C. The construction, expansion or alteration only involves the
modification of internal electrical, plumbing or mechanical
systems.
2/3 vote required
137 voted in the affirmative
1 voted in the negative
ARTICLE 18 - On motion by Jonathan E. Barnes, Chairman of the Community Planning and
Development Commission, it was voted to amend the Zoning By-Laws by adding the following
language:
4.3.2.9 Open Storage
Open Storage as an ancillary or supporting use is allowed in the Business A and
Industrial Zoning Districts by the grant of Special Permit from the Community
Planning and Development Commission, based upon the criteria set forth in 4.3.2.9.1.
4.3.2.9.1 Criteria for approval:
a. Products shall be stored only for the purposes of merchandise
display, and/or stock for sale on site, and not for distribution
purposes.
b. Open storage area shall use no more than 10% of total lot area.
c. Products stored shall not impede upon pedestrian movement or
vehicular circulation.
d. Products stored shall not diminish required parking spaces nor
access thereto.
e. Products stored may be required to be shielded from any abutting
residential properties.
f. No products may be stored in any public right of way nor impede
upon such way.
g. Time period of the display shall be determined and reviewed by
the special permit granting authority.
h. No products shall be stored so as to create dust, noise, or other
objectionable effects, or to create a fire hazard or other casualty.
4.3.2.9.2 Process
Filing for a special permit for this use shall follow all procedures
required for Site Plan Review under 4.3.3 of this by-law.
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April 30, 2001
B. 4.2.2 Use Table chan es
Accessory Uses
Open Storage
Bus A - SPP
Ind - SPP
C. Insert the following text and re-number accordingly:
2.2.24 Open Storage
The storing of retail goods outside of a structure on
a lot for the purpose of display and/or sales.
On motion by David J. Lindberg, Precinct 8, it was moved to removed items 4.3.2.9.1 a. and b.
Motion to amend did not carry.
On motion by David J. Lindberg, Precinct 8, it was moved to remove item 4.3.2.9.1 g.
Motion to amend did not carry.
On original motion:
2/3 vote required
141 voted in the affirmative
- 0 - voted in the negative
ARTICLE 19 - On motion by Jonathan E. Barnes, Chairman of the Community Planning and
Development Commission, it was moved that the Town vote to insert a new column into 5.1.2
Table of Dimensional Controls entitled "FAR"*"
Reference at bottom of table as "***Floor Area Ratio = gross building area divided by lot area"
One or Two Family Dwellings
Apartment
Other Permitted Principal Use
S-15, S-20, S-40
.13
all other uses and districts note as
N.A.
NOTE: Friendly motion to edit "gross floor area" to read "gross building area" accepted by
Town Meeting.
On motion by Philip B. Pacino, Precinct 4, it was voted to indefinitely postpone the subject
matter of Article 19.
On motion by Gerald L. MacDonald, Precinct 3, it was voted to move the question.
-8- Annual Town Meeting
April 30, 2001
2/3 vote required
111 voted in the affirmative
16 voted in the negative
Motion to indefinitely postpone carried.
On motion by Frances C. Sansalone, Precinct 7, it was moved to adjourn.
Motion to adjourn did not carry.
Quorum count requested by William C. Brown, Precinct 8 - members present - 122.
ARTICLE 20 - On motion by Jonathan E. Barnes, Chairman of the Community Planning and
Development Commission, it was voted to remove all text found in Section 6.3 and insert the
following:
6.3 Nonconforming Uses, Structures and Lots
Except as hereinafter provided, this Zoning By-Law shall not apply to structures or uses
lawfully in existence or lawfully begun, or to a building or Special Permit issued before the first
publication of notice of the public hearing on this by-law, but shall apply to any change or
substantial extension of such use, to a building or Special Permit issued after the first notice of -
said public hearing, to any reconstruction, extension or structural change of such structure, and to
any alteration of a structure begun after the first notice of said public hearing to provide for its
use for a substantially different purpose where alteration, reconstruction, extension or structural
change to single or two-family residential structures does not increase the nonconforming nature
of said strictures.
6.3.1 Objectives
The provisions of this section are intended to achieve the following purposes:
a. To allow lawfully nonconforming situations to continue until they are
discontinued or abandoned.
b. To encourage change in nonconforming situations toward greater
compliance with the provisions of this by-law and to reduce the degree
of nonconformity.
c. ' To allow for the alteration, expansion or extension of a nonconforming use
subject to the issuance of a Special Permit by the Zoning Board of Appeals.
d. To permit possible expansion of nonconforming buildings provided there are
no demonstrable adverse impacts on adjoining properties.
e. To permit the reconstruction of the nonconforming situation in the event of
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April 30, 2001
the involuntary destruction in whole or part of a non-conforming situation so
that the owner and tenants, if any, are not subjected to substantial economic
_ loss while, at the same time, seeking to achieve greater conformity with the
provisions of this by-law and to reduce any adverse impact on the
surrounding area.
f. To permit the treatment of nonconforming situations to be varied by the type
of zoning district and the type of nonconformity, i.e., to have a different
approach for uses, structures and parking lots.
6.3.2 Applicability
6.3.2.1 Nonconforming Situations
For the purposes of this by-law, nonconforming situations are those uses, buildings,
structures, parking lots, parking spaces, loading bays, signs, landscaping and other activities that
are now subject to the provisions of this by-law which were lawful before this by-law was
adopted, or before amendments to this by-law which are applicable to the situation were adopted,
and such situations do not now conform to the provisions of this by-law.
6.3.2.2 Noncomplying Situations
For purposes of this by-law, noncomplying situations are those uses, buildings,
structures, lots, parking spaces, loading bays, signs, landscaping and other activities that are
subject to the provisions of this by-law which were not lawfully created after this by-law was
adopted or after amendments to this by-law which are applicable to those situations were
adopted, and are in violation of this by-law.
6.3.2.3 Noncomplying Situations Six (6) Years or Older
In accordance with Massachusetts General Law (MGL), Chapter 40A, Section 7, any
structure, or part thereof, which has been improved and used in accordance with the terms of a
building permit issued by a duly authorized person, may not be the subject of an enforcement
action by the Town to compel the removal, alteration or relocation of said structure, or the
abandomnent, limitation or modification of the use allowed by said permit unless enforcement
action is commenced within six (6) years from the date of the alleged violation of law. Uses and
structures in existence for six (6) years or more and which qualify under this section are
considered to be nonconforming situations and are entitled to treatment as such, as provided in
Section 6.3 of this by-law.
6.3.2.4 Noncomplying Structures Ten (10) Years or Older
In accordance with MGL, Chapter 40A, Section 7, any structure, or part thereof, which
has not been in compliance with this by-law, or the conditions set forth in any Special Permit or
variance affecting the structure, may not be the subject of an enforcement action by the Town
unless enforcement action is commenced within ten (10) years from the date of the alleged
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April 30, 2001
violation of law. Structures in existence for 10 years or more and which qualify under this
section are considered to be nonconforming situations and are entitled to treatment as such
provided that any proposed change, alteration or extension will not affect the noncomplying
condition. Any change, alteration or extension of the noncomplying condition shall be subject to
the provisions of the by-law and require that form of relief, which would otherwise be necessary
to allow said change, alteration or expansion.
6.3.3 Limitations
A use, building, structure, lot, parking space, loading bay, sign, landscaping or any other
activity which is nonconforming, but not noncomplying, may be continued but may not be
increased, expanded or altered, except as may be specifically authorized by this section. If such
nonconforming situation is abandoned or terminated, as set forth below, it may not be resumed
except in compliance with this by-law.
6.3.4 Lawfully Created Situations
A use, building, structure, lot, parking area, loading bay, sign, landscaping or any other
activity, is considered to be lawfully created with respect to zoning requirements if:
1. It was in existence on March 16, 1942 when the Zoning By-Law was originally adopted, or
2. Subsequent to March 16, 1942, it was permitted by the Zoning By-Law either by right or by
Special Permit and was in existence prior to the effective date of any amendment, which
rendered it nonconforming.
6.3.5 Uses by Variance are not Nonconforming
A use, building, structure, lot, parking space, loading bay, sign, landscaping or any other
activity which is not otherwise permitted and does not comply with this by-law and exists due to
the granting of a variance, is not a nonconforming situation, is not entitled to the treatments
afforded by this section, and is bound by the conditions of the variance, as granted.
6.3.6 Once in Conformity, or Closer to Conformity, Cannot Revert
Once a use, building, structure, lot, parking space, loading bay, sign, landscaping or any
other activity which had been nonconforming, is brought into conformity with this by-law, it
shall not be permitted to revert to nonconformity. Once a use, building, structure, lot, parking
space, loading bay, sign, landscaping or any other activity which is nonconforming, is brought
into closer conformity with this by-law, i.e. the amount or degree of nonconformity is reduced, it
shall not be permitted by right to revert to nonconformity with the provisions of this by-law
which is greater than the closest amount or degree of conformity which it has achieved.
6.3.7 Change in Lot that Results in Noncompliance
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April 30, 2001
No lot upon which there is a building or for which a building permit is in force shall be
subdivided or otherwise changed in area or shape, except through public acquisition, so as to
j result in a violation applicable to either the lot or the building. A lot already nonconforming shall
not be changed in area or shape so as to increase the degree of nonconformity with the
requirements of this by-law; however, a nonconforming lot may be changed in area or shape if,
to do so, does not increase the degree of non-conformity. Said change shall be allowed by right.
No building permit, Special Permit, certificate of occupancy or approval of a subdivision plan
under the Subdivision Control Law shall be issued with reference to said transferred land until
both the lot retained and the newly created lot(s) meet the requirements of this by-law.
6.3.8 Nonconformity Resulting from Public Action
If, as a result of public acquisition or disposition, a use, building, structure, lot, parking
space, loading bay, sign landscaping or any other activity no longer complies with this by-law, it
shall be considered to be nonconforming and entitled to the treatment afforded by this section,
provided it was in compliance or lawfully nonconforming at the time of the public acquisition.
6.3.9 Discontinuance, Abandonment
6.3.9.1 A nonconforming use or structure or other nonconforming situation is
considered to be discontinued or abandoned whenever:
a. It is not used for a period of twenty-four (24) consecutive months; or
b. It is abandoned.
6.3.9.2 Discontinuance or abandonment of a part of a nonconforming use,
structure or situation shall not normally be considered to be evidence of
discontinuance or abandonment of the whole, unless that part which is
discontinued or abandoned is the part which causes the nonconformity.
6.3.9.3 The rights of a nonconforming use, structure, building, lot, parking space,
loading bay, sign, landscaping or other situation are not affected by a
change in ownership, tenancy or management unless such ownership,
tenancy or management is specifically a condition of the issuance of a
permit.
6.3.10 Nonconforming Uses
6.3.10.1 One-Family, Two-Family Dwellings
An existing nonconforming one- or two-family dwelling or structure accessory thereto
which is nonconforming with respect to use may be enlarged or extended for use for the same
purpose provided that a Special Permit is issued by the Zoning Board of Appeals. In reviewing a
request for such a Special Permit, the Board shall determine that the extension or enlargement is
not substantially more detrimental than the existing use to the neighborhood.
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April 30, 2001
6.3.10.20ther than One-Family, Two-Family Dwellings
a. A nonconforming use may be continued to the same degree and for the same purpose. An
existing. nonconforming use may be altered, expanded or extended for use for the same purpose
provided that a Special Permit is issued by the Zoning Board of Appeals, provided that the Board
determines that the alteration, expansion or extension is not substantially more detrimental than
the current use. The Board shall rely on the criteria stated in Section 6.3.1 in making such a
determination.
6.3.10.2 Substitution of Nonconforming Use
The Board of Appeals may issue a Special Permit to allow a new use, not otherwise
permitted by right in the zoning district in which the nonconforming use is located, to be
substituted for the existing nonconforming use provided that the Board determines that the new
use is substantially less detrimental than the current use.
6.3.11 Nonconforming Buildings
6.3.11.1 One-Family, Two-Family Dwellings
An existing nonconforming one-family or two-family dwelling or structures accessory
thereto which is nonconforming with respect to a minimum setback, may be enlarged or
extended in any other direction in compliance with this by-law, by the issuance of a
building permit. That part of an existing nonconforming dwelling which is
nonconforming with respect to a minimum setback may be enlarged or extended in that
setback, provided the Zoning Board of Appeals grants a Special Permit and all of the
following conditions are met:
a. The site coverage of the dwelling within that minimum setback is not
increased, and
b. The Board determines that the extension or enlargement is appropriate
in scale and mass for the neighborhood, with particular consideration
of abutting properties.
6.3.11.2 Other than One-Family, Two-Family Dwellings
a. An existing nonconforming building, other than a one-family or two-
family dwelling, which is nonconforming only with respect to a
minimum setback may be enlarged or extended in any other direction
in compliance with this by-law by the issuance of a building permit,
provided all other uses, structures, and activities on the lot comply fully
with the requirements of this by-law.
b. An existing nonconforming building, other than a one-family or two-
family dwelling, which is nonconforming with respect to dimensional
and/or density requirements of the Zoning By-Law for the district in
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April 30, 2001
which said building is located, may not be enlarged or extended except
by a Special Permit issued by the Zoning Board of Appeals.
6.3.12 Nonconforming Lots
Any lot which does not comply with the provisions of this by-law with respect to
minimum lot area, minimum lot frontage, or minimum lot width or with the requirements then in
effect at the time of recording or endorsement, whichever occurs sooner, shall not be subdivided
or otherwise changed in area or shape, except through public action, so as to be in violation of
the provisions of this by-law. A lot already nonconforming with respect to those provisions shall
not be changed in area or shape so as to increase the degree of noncompliance. A lot which is
nonconforming with respect to those provisions may be changed to be made closer in
compliance, but once brought closer into compliance, i.e., the amount or degree of
nonconformity is reduced, it shall not be permitted to revert to noncompliance which is greater
than the closest amount or degree of compliance which it had achieved. A lot, which is
nonconforming, shall not preclude the issuance of permits allowed pursuant otherwise in this
Zoning By-Law.
6.3.13 Nonconforming Off-Street Parking and Loading
Any off-street parking spaces or loading bays in existence on the effective date of this
by-law or thereafter established, which serve a building or use, may not be reduced in number or
changed in location or design contrary to the by-law requirements so as to increase the degree of
nonconformity with said requirements.
If the use of an existing structure or lot, which does not have sufficient parking or
loading, including a use which has no off-street parking or loading area, is changed to a different
type of use for which a different number of parking spaces or loading bays is required as set forth
in this by-law, and there is no increase in the net floor area, the following rules shall apply:
a. If there is a net increase in the number of required parking spaces or loading
bays, that net increase shall be provided, which number shall not include any
existing parking spaces or loading bays, or,
b. If there is a net decrease in the number of required parking spaces or loading
bays, that lesser number shall be the new basis for determining whether, in
the future, there is a net increase in the number of parking spaces or loading
bays required.
If it is proposed to increase the net floor area of a building, whether by addition to the
exterior of the building or by internal reconstruction, and the building does not have sufficient
off-street parking or loading area, full compliance with the applicable parking requirements for
the entire building shall be a condition of the issuance of a building permit for the construction of
i the increase of net floor area.
6.3.14 Parking and Loading Requirements for a Building Destroyed, Damaged
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April 30, 2001
or Demolished
If a building for which sufficient off-street parking or loading is not provided is
destroyed, damaged or demolished by the owner, the building may be reconstructed or replaced
if otherwise permitted by this by-law, within two (2) years from the date of such damage or
destruction, without providing additional parking spaces or loading bays, provided the new use is
the same type of use as the use before the destruction, damage or demolition, and at least the
same number of spaces or bays shall be provided.
6.3.15 Repair, Reconstruction Continuance
Routine maintenance and repairs are permitted to a nonconforming structure, sign,
parking space or loading bay or other nonconforming situation to maintain it in sound condition
and presentable appearance.
6.3.16 Reconstruction After Involuntary Destruction (By Right)
Any nonconforming use, structure, building, sign, parking space or loading bay or other
nonconforming situation which is destroyed or damaged by explosion, collapse, fire, storm,
natural disaster or other catastrophic event, any of which is beyond the control of the owner,
may, within two (2) years from the date of such damage or destruction, be reconstructed to the
same extent as the original, provided there is no increase in the site coverage or gross floor area
or the degree of nonconformity and the reconstruction conforms to the current requirements of -
this by-law to the maximum extent practicable in the opinion of the Building Inspector. In this
context, maximum extent practicable shall consider extreme site conditions, such as steep grades,
the presence of ledge or other unsuitable soil conditions, or the shape and configuration of the
lot.
6.3.17 Reconstruction After Destruction (By a Special Permit)
The Board of Appeals may grant a Special Permit for the reconstruction of a use,
structure, building, sign, parking space or loading bay or other situation allowed by Special
Permit, which is destroyed or damaged by explosion, collapse, fire, storm, natural disaster or
other catastrophic event, any of which is beyond the control of the owner or by the proposed
voluntary action of the owner, to demolish, in whole or in part, in a manner different from the
prior conditions, provided the Board determines that:
a. The reconstruction conforms to the current requirements of this by-law to the
maximum extent practicable.
b. In the case of the reconstruction of a nonconforming use, that it complies
with the standards for the substitution of a nonconforming use.
6.3.18 Vesting of Rights During Adoption of Amendments .
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April 30, 2001
- 6.3:18.1 A use, building, structure, lot, sign, parking space or loading bay or other situation
I I which would comply with the provisions of this by-law at the time at which a building
permit is issued or a Special Permit is granted, but would not comply with a proposed
amendment to this by-law, shall be considered to be nonconforming and may be
completed, continued or maintained provided:
a. The building permit was issued or Special Permit was granted before
the first publication of notice of public hearing on the proposed
amendment, and
b. Substantial physical construction or start of operations is begun within
six (6) months of the issuance of a building permit or the grant of a
Special Permit, whichever is earlier and is carried through to its
completion as continuously and expeditiously as is reasonable. If the
construction is not completed within eighteen (18) months of the
issuance of the building permit or the grant of the Special Permit,
whichever is earlier, the rights to nonconforming status shall cease
and the construction shall comply with this by-law, as amended.
6.3.18.2 The filing of an application for either a building permit or a Special Permit is not
sufficient to vest rights. The building permit must be issued or the Special Permit
must be granted prior to such first publication of notice.
6.3.18.3 In the event of the filing and subsequent approval of a definitive subdivision plan,
an exemption from an amendment to this by-law and a right to be treated under
the previously existing provisions of this by-law may be vested, as set forth in
MGL, Chapter 40A, Section 6.
6.3.19 Approval-Not-Required Plans
In the event of the filing and subsequent endorsement of an "Approval-Not-Required"
plan, referred to in Section 81P of Chapter 41, Sections 81K-81GG, the Subdivision Control
Law, an exemption from an amendment to this by-law affecting the use of land only and a right
to be treated under the previously existing provisions of this by-law may be vested, as set forth in
MGL, Chapter 40A, Section 6.
2/3 vote required
116 voted in the affirmative
- 0 - voted in the negative
ARTICLE 21- On motion by Gail F. Wood, member of the Board of Selectmen, it was voted to
accept the provisions of Chapter 411 of the Acts of 2000 which concern the "Option C Pop-Up"
provision, of Chapter 32 of the Massachusetts General Laws, relating to non-contributory veteran
retirees of the Town of Reading.
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April 30, 2001
ARTICLE 22 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted pursuant to Section 2-6 of the Reading Home Rule Charter to declare the seats of the
following Town Meeting Members to be vacant and to remove the following described persons
from their position as Town Meeting Members for failure to take the oath of office within thirty
days following the notice of election or for failure to attend one-half or more of the Town
Meeting sessions during the previous year:
Brendan J. O'Hagan Precinct 1
On motion by Gael Phillips-Spence, Precinct 6, it was moved to remove Article 3 from the table.
ARTICLE 3 - On motion by Gael Phillips-Spence, Precinct 6, it was moved to instruct the
Board of Selectmen, when building the FY'03 budget, to make line item H12: Rubbish
Collection and Disposal, be self-supporting.
Vote questioned - counted vote requested
64 voted in the affirmative
51 voted in the negative
Motion carried.
On motion by David J. Lindberg, Precinct 8, it was moved to amend Article 3 by adding at the
end and to reduce the property tax rate such that the total anticipated taxes collected shall be
reduced by the same amount."
Motion to amend did not carrv.
ARTICLE 3 - On motion by Mark L. Dockser, Precinct 1, it was moved to instruct the School
Building Committee to request that the Board of Selectmen place a warrant article at the
Subsequent Town Meeting of November 2001, or soon thereafter, seeking funding for
architectural schematic plans for renovations of and additions to the Reading Memorial High
School subject to a capital exclusion.
On motion by Marc Guyott, Precinct 1, it was voted to move the question.
2/3 vote required
90 voted in the affirmative
18 voted in the negative
Motion carried.
ARTICLE 3 - On motion by John F. Russo, Precinct 1, to move that the School Building
Committee present to town meeting members at least four options with cost estimates for the
high school renovation; Selectmen to present a referendum with these options in a debt exclusion
to the community.
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April 30, 2001
Motion did not carry.
ARTICLE 3 - On motion by Debbie H. McCulley, Precinct 2, to move to instruct the Board of
Selectmen to hire an auctioneer annually to assess and dispose of our town and school
department surplus equipment, vehicles, furniture, etc. and negotiate a contract with that
auctioneer to pay a fair percentage to the auctioneer from the proceeds of the sale of those items.
Motion did not carry.
ARTICLE 3 - On motion by Nancy L. Eaton, Precinct 1, it was moved to instruct the Board of
Selectmen to notify boards, committees and commissions when business which many affect their
area of activity is to be discussed at a meeting of the Board of Selectmen at least 48 hours prior
to such meeting; and that when the Board of Selectmen takes a vote which impacts on an area of
activity of any board, committee or commission be notified of the outcome of that vote within 48
hours after such vote is taken.
Motion carried.
ARTICLE 3 - On motion by Raymond F. Porter, Precinct 6, to move that Town Meeting
instruct the School Building Committee to develop three alternatives to address the physical and
educational needs of Reading Memorial High School and present the alternatives and costs to the
Fall 2001 Town Meeting.
On motion by Stephen L. Crook, Precinct 3, it was voted to move the question.
2/3 vote required
94 voted in the affirmative
11 voted in the negative
Motion did not carry.
On motion by George V. Hines, Chairman of the Board of Selectmen, it was voted that this
Annual Town Meeting stand adjourned sine die.
Meeting adjourned at 12:30 a.m.
158 Town Meeting Members were present.
rr~..
A true copy. Attest: Chery A. John on
Town Clerk
- 18- Annual Town Meeting
April 30, 2001