HomeMy WebLinkAbout2001-11-13 Subsequent Town Meeting MinutesCOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on October 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 November 13, 2001,
the date set for the Subsequent Town Meeting in this Warrant.
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue of October 3, 2001
A true copy. Attest:
A. c~ heryl . J
ohn'qo-w
n Clerk
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Dael W. Halloran Jr., Constable
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SUBSEQUENT TOWN MEETING
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and
Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland
Road in said Reading, on Tuesday, November 13, 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 1 To hear and act on the reports of the Board of Selectmen, Town
Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town
Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement
Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees,
Community Planning & Development Commission, Conservation Commission, Town
Manager and any other Board or Special Committee.
Board of Selectmen
ARTICLE 2 To choose all other necessary Town Officers and Special
Committees and determine what instructions shall be given Town Officers and Special
Committees, and to see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of funding Town Officers
and Special Committees to carry out the instructions given to them, or take any other
action with respect thereto.
Board of Selectmen
ARTICLE 3 To see if the Town will vote to amend the FY 2002 - FY 2011,
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 4 To see if the Town will vote to amend one or more of the votes
taken under Article 11 of the Warrant of the Annual Town Meeting of April 23, 2001,
relating to the Fiscal Year 2002 Municipal Budget, and see what sum the Town will raise
by borrowing or transfer from available funds, or otherwise, and appropriate as the result
of any such amended votes for the operation of the Town and its government, or take
any other action with respect thereto.
Board of Selectmen
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ARTICLE 5 To see if the Town will vote to accept one or more gifts to be
administered by the Commissioners of Trust Funds, such gifts to be used for the
purposes for which they are given to the Town, or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 6 To see if the Town will vote to rescind part or all of the remaining
bond authorization made pursuant to Article 10 of the 1996 Annual Town Meeting for the
purpose of constructing and/or reconstructing the sanitary sewer system on Eaton Street
and related matters, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 7 To see what sum the Town will raise by borrowing, or transfer
from available funds, or otherwise, and appropriate for the purposes of developing one
or more schematic designs for making extraordinary repairs and/or additions to the
Reading Memorial High School at 62 Oakland Road, including the costs of engineering
and architectural fees, plans, documents, cost estimates, and related expenses
incidental thereto and necessary in connection therewith, said sum to be expended by
and under the direction of the School Building Committee; and to see if the Town will
vote to authorize the School Building Committee, the School Committee, or any other
agency of the Town to file application for a grant or grants to be used to defray the cost
of all or any part of the cost of said schematic designs; and to see if the Town will vote to
authorize the School Building Committee to enter into all contracts and agreements as
may be necessary to carry out the purposes of this Article; provided however that any
borrowing authorized by this Article and any appropriation subject to this Article shall be
contingent upon the passage of a debt exclusion referendum question or a capital
exclusion referendum question under General Laws Chapter 59 s 21c no later than
December 31, 2002; or take any other action with respect thereto.
School Building Committee
ARTICLE 8 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 9 To see if the Town will vote to accept General Laws Chapter 44
§§3-7, known as the Community Preservation Act, which establishes a special
"Community Preservation Fund" that may be appropriated and spent for certain open
space, historic resources and affordable housing purposes, to approve a property tax
surcharge in an amount not to exceed three percent of the taxes assessed annually on
real property which shall be dedicated to the fund, such surcharge to be imposed on
taxes assessed for fiscal years beginning on or after July 1, 2002, and to exempt from
the surcharge none, one or more of the following: (1) property owned and occupied as a
domicile by a person who would qualify for low income housing or low or moderate
income senior housing in the community; (2) Class Three, Commercial, and Class Four,
Industrial property in any year the Town adopts a higher tax rate for those classes; (3)
$100,000 of the assessed valuation of Class One, Residential, parcels, or take any other
action with respect thereto.
Board of Selectmen
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ARTICLE 10 To see if the Town will vote to petition the General Court to
approve a Home Rule petition, pursuant to Article LXXXIX of the amendments to the
Massachusetts Constitution of the Commonwealth, to amend Section 2.3 of the Reading
Home Rule Charter by inserting as the third paragraph essentially the following
language:
"in the event of a tie write-in vote for a vacant Town Meeting position, the
position shall be filled by a vote of the remaining Town Meeting Members of the
precinct from which the write-in candidates whose write-in votes were tied. The
Town Clerk shall give notice of the tie vote to the remaining Town Meeting
Members of the precinct. The Town Clerk shall set a time and place for a
precinct meeting for the purpose of filling the vacancy. The Town Clerk shall
give notice of the meeting to precinct Town Meeting Members at least seven (7)
days in advance, and shall publish legal notice in a newspaper of general
circulation in the community. A vacant position filled in this manner shall be
filled for the entire remainder of the terms."
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 11 To see if the Town will vote to amend Section 8-10 (b) of the
Reading Home Rule Charter by deleting in the second paragraph "in a place convenient
to the public at all reasonable times" and substituting therefore "in the office of the Town
Clerk" so that the second paragraph of 8-10 (b) reads as follows:
"These rules and minutes shall be a public record kept in the office of the
Town Clerk, and copies shall be kept available in the library."
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 12 To see if the Town will vote to amend Section 2-12 of the Reading
Home Rule Charter by inserting in the paragraph entitled "Rules Committee" between
the words "Committee" and "consisting" the words "chaired by the Town Moderator who
shall be a non-voting member' so that the paragraph shall read in its entirety:
"Rules Committee There shall be a Rules Committee chaired by the
Town Moderator who shall be a non-voting member, consisting of the
Precinct Chairmen, which shall review all aspects of the operation of
Town Meeting, and make an Annual Report in writing to Town Meeting
setting forth its findings, recommendations, and proposals for rules
governing the conduct of Town Meeting."
or take any other action with respect thereto.
Board of Selectmen
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ARTICLE 13 To see if the Town will vote to authorize the Board of Selectmen to
petition the General Court to approve a Home Rule petition, pursuant to Article LXXXIX
of the amendments to the Massachusetts Constitution of the Commonwealth to
accomplish the removal of the position of Chief of Police from the provisions of Chapter
31 of the General Laws, known as the "Civil Service" provisions and such legislation
shall be generally in the following form:
Section 1: The position of Chief of Police of the Town of Reading shall
no longer be subject to Chapter 31 of the General Laws.
Section 2: Section 1 shall not impair the Civil Service status of any
person holding the office of Chief of Police of the Town of Reading on
the effective date of this act.
And, further, that the Board of Selectmen, is hereby authorized to take all necessary
action in support of this Article; or take any other action with respect thereto.
Board of Selectmen
ARTICLE 14 To see if the Town will amend General Bylaw Section 5.3.20.2
"Action upon Non-Compliance": by changing "fifteen (15) days" to "five (5) business
days", so that Section 5.3.20.2 will read in its entirety as follows:
"Section 5.3.20.2 Action upon Non-Compliance
Upon failure, neglect or refusal of any owner or agent so notified to properly
dispose of litter dangerous to the public health, safety or welfare within twenty-
four (24) hours or within such other time as the Board of Health deems
reasonable, after receipt of written notice provided for in Subsection 5.3.20.1
above or within five (5) business days after the date of such notice in the event
the same is returned to the Town by the Postal Service because of its inability
to make delivery thereof, provided the same was properly addressed to the last
known address of such owner or agent, the Board of Health is hereby
authorized and empowered to pay for disposing of such litter or order its
disposal by the Town."
or take any other action with respect thereto.
Board of Health
ARTICLE 15 To see if the Town will vote to authorize the Board of Selectmen to
accept the conveyance of a certain sidewalk easement in Reading, Middlesex County,
MA located on Franklin Street which easement is shown on a plan entitled: Sidewalk
Easement Through Private Property Portion of Franklin Street, Reading, dated July 24,
2001; to determine the minimum amount to be paid for such conveyance; and to
authorize the Board of Selectmen to accept all or any part of said rights and easements
for such amount or a larger amount, and upon such other terms and conditions as the
Board of Selectmen shall consider proper and to deliver a deed or deeds therefor if
necessary; or take any other action with respect thereto.
Board of Selectmen
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- ARTICLE 16 To see if the Town will vote to authorize the Board of Selectmen to
convey and/or abandon a portion of a certain drainage easement in Reading, Middlesex
County, MA located on land situated at the end of Annette Lane and Applegate Lane
which easement is shown on a plan entitled: Definitive Subdivision Plan Colburn Road
Extension dated January 16, 1985; to determine the minimum amount to be paid for
such conveyance and/or abandonment; and to authorize the Board of Selectmen to
convey or abandon all or any part of said rights and easements for such amount or a
larger amount, and upon such other terms and conditions as the Board of Selectmen
shall consider proper and to deliver a deed or deeds therefor if necessary; or take any
other action with respect thereto.
Board of Selectmen
ARTICLE 17 To see if the Town will vote to authorize the Board of Selectmen to
convey and/or abandon a portion of a certain drainage easement in Reading, Middlesex
County, MA located on land situated at 32 Davis Lane which easement is shown on a
plan entitled: Definitive Subdivision Plan Davis Lane Reading, Mass. dated March 17,
1988; to determine the minimum amount to be paid for such conveyance and/or
abandonment; and to authorize the Board of Selectmen to convey or abandon all or any
part of said rights and easements for such amount or a larger amount, and upon such
other terms and conditions as the Board of Selectmen shall consider proper and to
deliver a deed or deeds therefor if necessary; or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 18 To see if the Town will vote to authorize the Board of Selectmen to
convey and/or abandon a portion of a certain drainage easement in Reading, Middlesex
County, MA located on land situated at 518 Summer Avenue which easement is shown
on a plan entitled: Plan of Land in Reading Massachusetts Drain Easement 518 Summer
Avenue dated October 19, 1990; to determine the minimum amount to be paid for such
conveyance and/or abandonment; and to authorize the Board of Selectmen to convey or
abandon all or any part of said rights and easements for such amount or a larger
amount, and upon such other terms and conditions as the Board of Selectmen shall
consider proper and to deliver a deed or deeds therefor if necessary; or take any other
action with respect thereto.
Board of Selectmen
ARTICLE 19 To see if the Town will vote to authorize the Board of Selectmen
and the School Committee to grant VERIZON NEW ENGLAND an easement, in a form
approved by Town Counsel, to be located at the J. Warren Killam School in Reading,
Middlesex County, Massachusetts to allow the placement of one electronic telephone
cabinet with a supportive concrete pad on an area consisting of approximately fifteen
(15) feet wide and twenty (20) feet long; to determine the amount to be paid for such
conveyance; and to authorize the Board of Selectmen and School Committee to convey
such easement upon such other terms and conditions as the Board of Selectmen and
School Committee shall consider proper, and take any other action with respect thereto.
School Committee
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ARTICLE 20 To see if the Town will vote to authorize the Board of Selectmen
to convey and/or abandon a portion of a certain drainage easement in Reading,
Middlesex County, MA located on land situated at 126 Main Street which easement is
shown on a plan entitled: Plan of Easement for Drainage Purposes from Hopkins Street
to Main Street dated March 1937, and to accept the conveyance of a relocated drainage
easement on the same parcel.of land; to determine the minimum amount to be paid for
such abandonment and acceptance; and to authorize the Board of Selectmen to convey
or abandon all or any part of said rights and easements for such amount or a larger
amount, and upon such other terms and conditions as the Board of Selectmen shall
consider proper and to deliver a deed or deeds therefor if necessary; or take any other
action with respect thereto.
Board of Selectmen
ARTICLE 21 To see if the Town will vote to make the following amendments to
the Zoning By-Law:
Remove all text from Section 4.4A.1. and insert the following text:
"4.4A.1. Boundaries of the National Flood Insurance Flood Management
District:
The Floodplain District shall be the boundaries of the National Flood
Insurance Flood Management District shall include those areas denoted as
Zone A (all suffixes) and Zone B as shown on the Federal Emergency
Management Agency Federal Insurance Administration Flood Insurance Rate
Map for the Town of Reading, Massachusetts in Essex County all panels
available, utilizing the most recent effective date as may be amended.
Remove all text from Section 4.4A.2. including said exhibits from the overlay district map
and insert the following text:
"4.4A.2. Applicability
Any property shown within the boundaries of 4.4A.1. shall be subject
to the requirements herein of Section 4.4. as the Floodplain District.
Remove all text in 4.4A.3. and insert the following text:
"4.4A.3. Uses Permitted in the National Flood Insurance Flood Management
District:
When this Paragraph 4.4A.1. applies, then all otherwise applicable
provisions of Section 4.4. and Section 4.5. will also apply."
Remove all text in Section 4.4.4.2., and Insert the following text:
"4.4.4.2. If any land defined in the By-Laws as being in a Floodplain District is
proven to be in fact neither subject to flooding nor unsuitable for human
occupancy because of drainage and topographic conditions, and if the use of
such land will not be detrimental to the public health, safety and welfare, the
Board of Appeals may permit buildings for human occupancy on such land in
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accordance with the requirements of the underlying district after the necessary
proof has been presented to and reported on by the Community Planning and
Development Commission and the Board of Health."
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 22 To see if the Town will vote to make the following amendments to
the Zoning By-Law:
Remove all text from Section 4.8. and insert the following:
4.8. AQUIFER PROTECTION DISTRICT
4.8.1. Purpose of District
The purpose of this Aquifer Protection District is to:
4.8.1.1. promote the health, safety, and general welfare of the community by ensuring
an adequate quality and quantity of drinking water for the residents, institutions, and
businesses of the Town of Reading;
4.8.1.2. preserve and protect existing and potential sources of drinking water supplies;
4.8.1.3. conserve the natural resources of the Town of Reading; and
4.8.1.4. prevent temporary and permanent contamination of the environment.
4.8.2. Scope of Authority
The Aquifer Protection District is an overlay district superimposed on the
underlying zoning districts which shall apply to all new construction, reconstruction, or
expansion of existing buildings and new or expanded uses which fall, wholly or partially
within such Aquifer Protection District. Uses prohibited in the underlying zoning districts
shall not be permitted in the Aquifer Protection District.
4.8.3. Definitions
For the purposes of this section, the following terms are defined below:
Aquifer: Geologic formation composed of rock, sand or gravel that contains
significant amounts of potentially recoverable water.
Aquifer Protection District: The zoning district defined to overlay other zoning districts
in the Town of Reading. The aquifer protection district may include specifically
designated recharge areas.
Impervious Surface: Material or structure on, above, or below the ground that does
not allow precipitation or surface water to penetrate directly into the soil. Impervious
surfaces shall include all roofs, driveways, parking areas, roadways and walkways,
regardless of the proposed surface material.
Mining: The removal or relocation of geologic materials such as topsoil, sand,
gravel, metallic ores, or bedrock.
Potential Drinking Water Sources 2: Areas which could provide significant potable
water in the future.
Recharge Areas: Areas that collect precipitation or surface water and carry it to
aquifers. Recharge areas may include areas designated as Zone II and Zone III
Toxic or Hazardous Material: Any substance or mixture of physical, chemical, or
infectious characteristics posing a significant, actual, or potential hazard to water
supplies or other hazards to human health if such substance or mixture were
discharged to land or water in the Town of Reading. Toxic or hazardous materials
include, without limitation; synthetic organic chemicals, petroleum products, heavy
metals, radioactive or infectious wastes, acids and alkalis, and all substances
defined as Toxic or Hazardous under Massachusetts General Laws (M.G.L.)
Chapter(c.) 21C and 21E and 310 CMR 30.00, and also include such products as
solvents and thinners in quantities greater than normal household use.
4.8.4. Establishment and Delineation of Aquifer Protection District
The Aquifer Protection District is delineated and established on a map entitled
"Figure 2 Town of Reading, Massachusetts Zone II and Zone III Areas" prepared by
Weston & Sampson Engineers, Inc. resulting from a study for the Town of Reading
Entitled 100 Acre Wellfield Zone II Study dated July 1996 which shows certain aquifer
protection areas consisting of aquifers or recharge areas. Such map is hereby made a
part of the Town of Reading Zoning By-Law and is on file in the office of the Town Clerk
and the Building Inspector's Office.
4.8.5 Boundary Disputes
If the location of the District boundary in relation to a particular parcel is disputed,
resolution shall be accomplished by the owner(s) filing a Special Permit application with
the Special Permit Granting Authority (SPGA), the Reading Zoning Board of Appeals.
Any application for a special permit for this purpose shall be accompanied by adequate
documentation. The burden of proof shall be upon the owner(s) of the land to show
where the boundaries should be located. At the request of the owner(s), the Town may
engage a professional engineer, hydrologist, geologist, or soil scientist to determine
more accurately the boundaries of the districts with respect to individual parcels of land
and review the documentation presented by the owner(s). The SPGA may charge the
owner(s) for the cost of such investigation.
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4.8.6. Use Regulations
In the Aquifer Protection District, the following regulations shall apply:
4.8.6.1. Permitted Uses
The following uses are permitted within the Aquifer Protection District,
provided that all necessary permits, orders, or approvals required by local, State or
Federal laws are also obtained:
4.8.6.1.1. conservation of soil, water, plants, and wildlife;
4.8.6.1.2. outdoor recreation, nature study, boating, fishing, and hunting where
otherwise legally permitted;
4.8.6.1.3. foot, bicycle and/or horse paths, and bridges;
4.8.6.1.4. normal operation and maintenance of existing water bodies and
dams, splash boards, and other water control, supply and conservation
devices;
4.8.6.1.5. maintenance, repair, and enlargement of any existing structure,
subject to Section 4.8.6.2.
4.8.6.1.6 residential development, subject to Section 4.8.6.2.
4.8.6.1.7. farming, gardening, nursery, conservation, forestry, harvesting,
and grazing, subject to Section 4.8.6.2.
4.8.6.1.8. construction, maintenance, repair, and enlargement of drinking water
supply related facilities such as, but not limited to, wells, pipelines, aqueducts
and tunnels.
4.8.6.1.9. impervious cover on property up to 15%.
4.8.6.1.10. impervious cover up to 20% if a system for artificial recharge of
precipitation is provided that will not result in the degradation of
groundwater quality. Recharge plans shall comply with the DEP
Stormwater Guidelines and shall be submitted to the Town Engineer or the
applicable Board, Committee or Commission for review and approval.
4.8.6.2. Prohibited Uses
The following uses are prohibited:
4.8.6.2.1. landfills and open dumps as defined in 310 CMR 19.006;
4.8.6.2.2. automobile graveyards and junkyards, as defined in M.G.L.c.
1408, §1;
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4.8.6.2.3. landfills receiving only wastewater and/or septage residuals
including those approved by the Department of Environmental Protection
pursuant to M.G.L.c. 21, §26 through 53; M.G.L.c. 111, §17; M.G.L c. 83, §6
and 7, and regulations promulgated thereunder;
4.8.6.2.4. facilities that generate, treat, store, or dispose of hazardous waste
that are subject to M.G.L.c. 21C and 310 CMR 30.00, except for the
following:
4.8.6.2.4.1. very small quantity generators as defined under 310 CMR
30.000;
4.8.6.2.4.2. household hazardous waste centers and events under 310 CMR
30.390;
4.8.6.2.4.3. waste oil retention facilities required by M.G.L. c. 21, § 52A;
4.8.6.2.4.4. water remediation treatment works approved by DEP for the
treatment of contaminated ground or surface waters;
4.8.6.2.4.5. petroleum, fuel oils, and heating oil bulk stations and terminals
including, but not limited to, those listed under Standard Industrial
Classification (SIC) Codes 5171 and 5983;
4.8.6.2.4.6. storage of liquid hazardous materials, as defined in M.G.L.c.
21E, and liquid petroleum products, unless such storage is
(a) above ground level; and
(b) on an impervious surface; and
(c) either
(i) in container(s) or above ground container(s) within a building; or;
(ii) outdoors in covered container(s) or above ground tank(s) in an
area that has a containment system designed to hold either 10%
of the total possible storage capacity of all containers, or 110%
of the largest container's storage capacity, whichever is greater;
4.8.6.2.4.7. storage of sludge and septage, unless such storage is in compliance with
310 CMR 32.30 and 310 CMR 32.31;
4.8.6.2.4.8. storage of deicing chemicals unless such storage, including loading areas,
is within a structure designed to prevent the generation and escape of contaminated
runoff or leachate;
4.8.6.2.4.9. storage of animal manure unless covered or contained in accordance with
the specifications of the Natural Resource Conservation Service;
4.8.6.2.4.10. earth removal, consisting of the removal of soil, loam, sand, gravel, or any
other earth material (including mining activities) to within 4 feet of historical high -
groundwater as determined from monitoring wells and historical water table fluctuation
data compiled by the United States Geological Survey, except for excavations for
building foundations, roads, or utility works;
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4.8.6.2.4.11. discharge to the ground of non-sanitary waste water including industrial
and commercial process waste water, except:
(a) the replacement or repair of an existing treatment works that will
not result in a design capacity greater than the design capacity of
the existing treatment works;
(b) treatment works approved by the Department of Environmental
Protection designed for the treatment of contaminated ground or
surface water and operating in compliance with 314 CMR 5.05(3)
or 5.05(13);
(c) publicly owned treatment works;
4.8.6.2.4.12. stockpiling and disposal of snow and ice containing deicing chemicals if
brought in from outside the district;
4.8.6.2.4.13. storage of commercial fertilizers, as defined in MGL Chapter 128,§64,
unless such storage is within a structure designated to prevent the generation and
escape of contaminated runoff or leachate;
4.8.6.2.4.14. underground storage tanks related to the activities in Section 4.8.6.1.
4.8.7. Violation Notice
Written notice of any violations of this Section shall be given by the Building
Inspector to the property owner as soon as possible after detection of a violation or a
continuing violation. Such notice shall specify the requirement or restriction violated
and the nature of the violation, and may also identify the actions necessary to remove
or remedy the violations and preventative measures required for avoiding future
violations and a schedule of compliance. A copy of such notice shall be submitted to
the Building Inspector, the Board of Health, Conservation Commission, Town
Engineer/Department of Public Works, and Water Department. The cost of
containment, clean-up, or other action of compliance shall be borne by the owner of
the premises.
4.8.8. Severability
A determination that any portion or provision of this Zoning By-Law is invalid
shall not invalidate any other portion or provision thereof, nor shall it invalidate any
special permit previously issued thereunder.
or take any other action with respect thereto.
Community Planning and Development Commission
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ARTICLE 23 To see whether the Town will vote to make the following
amendments to Section 5.7., Wetlands Protection, of the Reading General Bylaws:
In Section 5.7.1., to insert wildlife habitat," after "fisheries", so that this Section reads:
"The purpose of this Bylaw is to protect the floodplains and wetlands of the Town
by controlling activities deemed to have a significant effect upon wetland values,
including but not limited to the following: public or private water supply,
groundwater, flood control, erosion control, storm damage prevention, water
pollution prevention, fisheries, wildlife habitat, and wildlife."
In Section 5.7.2. concerning requests for determination, to delete the last sentence
which reads, "There shall be no charge imposed for such as request."
In Section 5.7.3., to delete the first sentence, which reads:
"No person. shall remove, fill, dredge or alter any bank, fresh water wetland, flat,.
marsh, meadow, bog, swamp, creek, river, stream, pond or lake, or any land
under said waters or any land subject to flooding, other than in the course of
maintaining, repairing or replacing, but not substantially changing or enlarging
an existing and lawfully located structure or facility used in the service of the
public and used to provide electric, gas, water, sanitary sewer, storm drainage,
public roadway, telephone, telegraph and other telecommunication services,
without filing written notice of his intention to so remove, fill, dredge or alter and
without receiving and complying with an Order of Conditions and provided all
appeal periods have elapsed.",
and to replace it with the following sentence:
"No person shall remove, fill, dredge or alter the following resource areas:
bank; fresh water wetland; marsh; meadow;, bog; swamp; creek; river; stream;
pond; lake; lands under water bodies; land within one hundred feet of any of the
preceding resource areas: land subject to flooding; and riverfront areas other
than in the course of maintaining, repairing or replacing, but not substantially
changing or enlarging an existing and lawfully located structure or facility used
in the service of the public and used to provide electric, gas, water, sanitary
sewer, storm drainage, public roadway, telephone, telegraph and other
telecommunication services, without filing written notice of his intention to so
remove, fill, dredge or alter and without receiving and complying with an Order
of Conditions, and provided all appeal periods have elapsed. Said resource
areas shall be protected whether or not they border surface waters."
In Section 5.7.4, to delete the entire section, which now reads:
"The same Notice of Intent, plans and specifications required to be filed by an
applicant under Section 40 of Chapter 131 of the General Laws will be
accepted as fulfilling the applicable requirements of this Bylaw. The
Conservation Commission may adopt and impose project review changes in
accordance with regulations adopted pursuant hereto.
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5.7.4.1. The maximum fee on anyone filing will be $3,000.00.
5.7.4.2.1.1 . Town Projects are exempt from review fees under Section."
and to replace it with the following:
"The same Notice of Intent, plans and specifications required to be filed by an
applicant under Section 40 of Chapter 131 of the General Laws will be
accepted as fulfilling the applicable requirements of this Bylaw. The
Conservation Commission may adopt and impose project review charges in
accordance with regulations adopted pursuant hereto. Town Projects are
exempt from review fees under Section 5.7.4."
In Section 5.7.5., Bordering Vegetated Wetland, to delete the word "ditch" after the word
"intermittent" and to delete " bank thereof' and replace it with "the bank of any of the
preceding resource areas " in the definition of "Bordering Vegetated Wetland" so that
the definition reads:
"Bordering Vegetated Wetland: Shall include any wetland that touches any
creek, river, stream, whether permanent or intermittent, pond or lake, or the
bank of any of the preceding resource areas."
In Section 5.7.5. Buffer Zone, to delete the word "also" after the word "shall" at the
beginning of the definition and to add the phrase, "or Riverfront Area", to the end of the
definition so that the definition reads:
"Buffer Zone: Shall include land extending one hundred (100) feet horizontally
outward from the boundary of any area subject to protection under this Bylaw,
except land subject to flooding or riverfront area."
In Section 5.7.5., Ditch, to delete " bank thereof' and replace it with "the bank of any of
the preceding resource areas " in the definition of "Ditch" so that the definition reads:
"Ditch: Shall mean any man-made trench or furrow that has not altered any
creek, river, stream, pond or lake, or the bank of any of the preceding resource
areas, or wetland."
In Section 5.7.5., Floodplain, to delete the word, "Bordering" so that the definition reads:
"Floodplain: Shall be synonymous with Land Subject to Flooding."
In Section 5.7.5., to add a new definition between "Rare Species" and "Wetlands" to read
as follows:
"Riverfront Area: Shall be as defined in 310 CMR 10.00, as amended."
In Section 5.7.14., to delete this Section in its entirety, including sub-Sections 5.7.14.1.,
5.7.14.2., and 5.7.14.3., and to replace them with the following:
"A decision of the Conservation Commission shall be reviewable in the
Massachusetts Superior Court in accordance with Massachusetts General
Laws, Chapter 249, Section 4."
14
In Section 5.7.15, to delete the second sentence in the first paragraph, which reads:
"This fee is called the consultant fee and shall be in the maximum amount
of Five Thousand Dollars ($5,000.00)."
and to replace it with the following:
"This fee is called the consultant fee and shall be in the maximum amount
of Twenty-Five Thousand Dollars ($25,000.00)."
In Section 5.7.15, to delete the second sentence in the second paragraph, which reads:
"The applicant shall pay the consultant fee to the Town to be put into a
consultant services account of the Conservation Commission which may be
drawn upon by the Conservation Commission for specific consultant services
approved by the Conservation Commission at one of its public meetings."
and to replace it with the following:
"If a revolving fund for the consultant expense fee is authorized by the Town
Meeting, or by any general or special law, the consultant fee shall be put into
such revolving fund. The Commission may draw upon that fund for specific
consultant services approved by the Commission at one of its public meetings. "
and to see whether the Town will vote as follows:
"That the Town hereby accepts the provisions of Massachusetts General Laws,
Chapter 44, Section 53E Y2 for purposes of administering the consultant fee
provision of Reading General Bylaws, Section 5.7., Wetlands Protection, and
further that the Conservation Commission may expend same without
appropriation for expenses reasonably related to its duties and responsibilities
as provided above; that expenditures from same shall not exceed $50,000 in
the Fiscal Year 2002; that the Conservation Commission will report to the next
Annual Town Meeting on receipts and expenditures of the revolving fund; that
any balance remaining in the revolving fund shall revert to surplus revenue
unless otherwise voted by Town Meeting; and that the revolving fund in order to
continue in existence need be re-authorized by each Subsequent Annual Town
Meeting. "
or take any other action with respect thereto.
Conservation Commission
15
and you are directed to serve this Warrant by posting an attested copy thereof in at least
one (1) public place in each precinct of the Town not less than fourteen (14) days prior to
November 13, 2001, the date set for the meeting in said Warrant, and to publish this
Warrant in a newspaper published in the Town, or by mailing an attested copy of said
Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of
holding said meeting.
Hereof fail not and make due return of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said meeting.
Given under our hands this 25th day of September, 2001.
6
Geor V. Hines, Chairman
Camille W. Anthony, Vice Chairman
Matthew Cummings, SecretaYry
0&4 V ,
RW. Schubert
Gail F. Wood
SELECTMEN OF READING
Daniel W. Halloran Jr., Cons able
16
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on October 17, 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 November 13,
2001, the date set for the Special Town Meeting in this Warrant.
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue of October 23, 2001.
Daniel W. Halloran, Constable
A true copy. Attest:
r
Chery. Johns n, Town Clerk
SPECIAL TOWN MEETING
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and
Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland
Road, on Tuesday, November 13, 2001, at eight o'clock in the evening, at which time
and place the following Articles are to be acted upon and determined exclusively by
Town Meeting Members in accordance with the provisions of the Reading Home Rule
Charter.
ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town
Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town
Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement
Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees,
Community Planning & Development Commission, Town Manager and any other Board
or Special Committee.
Board of Selectmen
ARTICLE 2 To choose all other necessary Town Officers and Special
Committees and determine what instructions shall be given to Town Officers and Special
Committees, and to see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of funding Town Officers
and Special Committees to carry out the instructions given to them, or take any other
action with respect thereto.
Board of Selectmen
ARTICLE 3 To see if the Town .will vote to amend the FY 2000-FY 2009
Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule
Charter, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 4 To see if the Town will vote to amend one or more of the votes
taken under Article 11 of the Warrant of the Annual Town Meeting of April 23, 2001,
relating to the Fiscal Year 2002 Municipal Budget, and see what sum the Town will raise
by borrowing or transfer from available funds, or otherwise, and appropriate as the result
of any such amended votes for the operation of the Town and its government, or take
any other action with respect thereto.
Board of Selectmen
2
ARTICLE 5 To see if the Town will authorize the Board of Selectmen and/or
Conservation Commission to acquire all or any parts of up to 5 acres of land of the
easterly portion of the property at 15 Timothy's Place, shown as Lot 9 on Assessor's
Map 167, and further shown as Lot 3 on Timothy's Place Definitive Subdivision Plan of
Land, Reading, Mass., dated March 3, 1999 by Benchmark Survey, which said land
abuts conservation land under the ownership or control of the Reading Conservation
Commission, in fee or rights of easement therein by gift, purchase, or otherwise; for
conservation purposes in accordance with the purposes set forth in Massachusetts
General Laws chapter 40, § 8C, and over which the Conservation Commission shall
have administrative control or care and custody; and to see what sum the Town will raise
by borrowing, or from tax levy or transfer from available funds, or otherwise, and
appropriate for the acquisition of said parcels of land or rights of easement therein, or to
be used for payment of land damages or other costs and expenses of such acquisition,
and to authorize the Board of Selectmen to enter into agreements with private parties or
public agencies for financial and other assistance in connection with such acquisition
and to do all other acts and things necessary and proper for carrying out the purposes of
this vote, or take any action with respect thereto.
To see if the Town will vote to authorize the Board of Selectmen to convey and/or
abandon a certain twelve (12) foot Right of Way in Reading, MA located on land situated
at 15 Timothy's Place, also shown as Lot 9 on Assessor's Map 167, and which Right of
Way easement is shown on a plan entitled: Timothy's Place, Definitive Subdivision Plan
of Land, Reading, Mass., dated March 3, 1999, by Benchmark Survey; to determine the
minimum amount to be paid or. consideration to be received for such conveyance and/or
abandonment; and to authorize the Board of Selectmen to convey or abandon all or any
part of said rights and easements for such amount or a larger amount or other
consideration, and upon such other terms and conditions as the Board of Selectmen
shall consider proper and to deliver a deed or deeds therefor if necessary; or take any
other action with respect thereto.
Conservation Commission
and you are directed to serve this Warrant by posting an attested copy thereof in at least
one (1) public place in each precinct of the Town not less than fourteen (14) days prior to
November 13, 2001, the date set for the meeting in said Warrant, and to publish this
Warrant in a newspaper published in the Town, or by mailing an attested copy of said
Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of
holding said meeting.
Hereof fail not and make due return of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said meeting.
Given under our hands this 16th day of October, 2001.
Ge7eV. Hines, Chair
Cami e . nthony, Vice Chairman
A'~M44
Matthew Cummings, Secretal~
P4,-w U. 44
Richard W. Schubert
-7 V
Gail F. Wood
SELECTMEN OF READING
Daniel W. Halloran, Constable
4
SUBSEQUENT TOWN MEETING
Reading Memorial High School November 13, 2001
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:40 p.m., there being a
quorum present.
Disabled American Veterans Post 37 Color Guard presented the colors. The Reading Memorial
High School Choir sang We Shall Overcome and America the Beautiful in honor of those lost in
the tragedy of September 11, 2001, followed by the Pledge of Allegiance to the Flag.
The Warrant was partially read by the Town Clerk, Cheryl A. Johnson, when on motion by
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.
Moderator Alan E. Foulds stated that we would be taking Article 5 out of Order and then moving
onto the Special Town Meeting and then commencing with the Subsequent Town Meeting.
ARTICLE 5 - On motion by William C. Brown, Precinct 8, it was voted to accept a gift of
$53,000 plus other future donations that may be made to establish a trust fund to be known as the
Town of Reading Veterans Memorial Fund, the principal purpose of which is to place flowers on
the graves of veterans buried in Reading, and also to provide and maintain other appropriate
decorations, monuments and related items and events to honor and commemorate deceased
Reading veterans and veterans interred in Reading cemeteries, with such funds to be
administered by the Town of Reading Commissioners of Trust Funds, on the following basis:
Subject to the expenditure limitations contained in this vote, the expenditure of funds shall be
determined by the majority vote of a three-person Town of Reading Veterans Memorial Trust
Committee to be comprised of the Custodian of Soldier's and Sailor's Graves in Reading, the
Reading Veterans Agent and the Chairperson of the Reading Board of Cemetery Trustees or
another trustee of that Board as is designated by the Chairperson. If at any time there are only
two persons serving as trustees of the Town of Reading Veterans Memorial Trust Committee due
to a change in the structure of the ex officio offices or for any other reason, the Chairperson of
the Town of Reading Commissioners of Trust Funds shall serve as the third trustee. The trustees
of the Town of Reading Veterans Memorial Trust Committee shall meet no less frequently than
annually and shall elect their own Chairperson. There shall be no expenditure from the Town of
Reading Veterans Memorial Fund until July 1, 2003. This is a perpetual fund and as such, the
original funds hereby accepted and subsequent funds donated prior to July 1, 2003 shall not be
expended but shall be invested by the Town of Reading Commissioners of Trust Funds to
generate income, which income may be expended only for the above purposes. Unless otherwise
directed by a subsequent donor as to the use of his or her donation, all donations made on or after
July 1, 2003 shall be allocated 75% towards perpetual (non-expendable) principal and 25% to be
available for expenditure (expendable). Funds available for expenditure, but not expended, shall
remain with the Town of Reading Commissioners of Trust Funds for investment until such funds
are expended.
ARTICLE 5 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted to accept a gift of Nine Thousand Dollars ($9000), plus other future donations that may be
made, to establish a trust fund to be known as the James E. Biller Memorial Scholarship, said
fund to be administered by the Town of Reading Commissioners of Trust Funds. The principal
and interest in the fund will be divided into four parts and given each year over the next four
years as a scholarship to a Reading Memorial High School (RMHS) senior planning to pursue a
career in the field of science. The recipient will be chosen by the faculty and staff at RMHS,
according to criteria provided by the Biller family. Said scholarship will be presented to the
recipient at the RMHS graduation ceremony.
On motion by George V. Hines, Chairman of the Board of Selectmen, it was voted that this
Subsequent Town Meeting stand adjourned until after the Special Town Meeting.
-2- Subsequent Town Meeting
November 13, 2001
SPECIAL TOWN MEETING
Reading Memorial High School November 13, 2001
The meeting was called to order by the Moderator, Alan E. Foulds, at 8:15 p.m., there being a
quorum present.
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 I - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
moved to table the subject matter of Article 1.
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
voted to indefinitely postpone Article 3.
A check in the amount of $236,000 for Marion Woods Property was presented to the Town from
State Representatives Paul Casey and Brad Jones and Senator Richard Tisei.
ARTICLE 4 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted to amend the following votes taken under Article 11 of the Warrant of the Annual Town
Meeting of April 23, 2001, relating to the Fiscal Year 2002 Municipal Budget for the operation
of the Town and its government.
TOWN OF READING, MASSACHUSETTS - FISCAL YEAR 2002 BUDGET
No.
A Accounting
Accounting
Al Salaries and Wages
A2 Expenses
Total Accounting
B Community
Development
Conservation
B 1 Salaries and Wages
Budget
Proposed
Budget
Approved
Modifications
As Modified Source of
By Town
To Approved
By Proposed Funding
Meeting
Budget
Changes Modification
106,770 106,770
1,332 1,332
108,102 108,102
43,224 800 44,024
Zoning Board
B2
Salaries and Wages
1,075
1,075
Historical
Commission
B3
Expenses
1,224
(500)
724
Inspection
B4
Salaries and Wages
91,000
91,000
Planning
B5
Salaries and Wages
54,611
54,611
General
B6
Salaries and Wages
49,239
2,500
51,739
B7
Expenses
8,675
8,675
Community
Development
B8
Salaries and Wages
239,149
3,300
242,449
B9
Expenses
9,899
_ 500
9,399
Total Community
Development
249,048
2,800
251,848
C
Finance
Finance Committee
C1
Salaries and Wages
900
900
C2
Expenses
35,911
35,911
C3
Reserve Fund
150,000
150,000
Assessment
C4
Salaries and Wages
94,752
94,752
C5
Expenses
16,585
(925)
15,660
Technology
C6
Salaries and Wages
78,376
78,376
C7
Expenses
109,893
(4,125)
105,768
Personnel
C8
Salaries and Wages
38,309
38,309
C9
Expenses
11,950
(650)
11,300
General
C10
Salaries and Wages
245,193
(2,300)
242,893
C11
Expenses
52,831
5,125
47,706
-2-
Special Town Meeting
November 13, 2001
Finance
C12 Salaries and Wages 457,530 (2,300) 455,230
C13 Expenses 377,170 10,825) 366,345
Total Finance 834,700 (13,125) 821,575
D General Services
Selectmen
D1 Expenses 1,950 1,950
Town Manager
D2
Salaries and Wages
94,962
94,962
D3
Expenses
750
(550)
200
Law Division
D4
Town Counsel
115,000
(10,000)
105,000
D5
Labor Counsel
7,600
7,600
D6
Expenses
7,650
7,650
Town Clerk
D7
Salaries and Wages
49,455
49,455
D8
Expenses
1,750
(400)
1,350
Elections and
Registrations
D9
Salaries and Wages
10,890
10,890
D10
Expenses
18,482
18,482
Casualty Insurance
D11
Expenses
97,887
61,000
158,887
General
D12
Salaries and Wages
120,416
(100)
120,316
D13
Expenses
53,607
2( 800)
50,807
General Services
D14
Salaries and Wages
275,723
(100)
275,623
D15
Expenses
304,676
47,250
351,926
Total General
580,399
47,150
627,549
Services
-3- Special Town Meeting
November 13, 2001
E
Human Services
Health / Wts &
Measures
El
Salaries and Wages
101,575
101,575
E2
Expenses
45,579
45,579
Elder Services
E3
Salaries and Wages
132,425
(2,100)
130,325
E4
Expenses
3,900
(550)
3,350
Veterans
E5
Salaries and Wages
8,545
8,545
E6
Expenses
700
700
E7
Assistance
6,000
6,000
Recreation
E8
Salaries and Wages
46,224
46,224
E9
Expenses
2,040
2,040
General
E10
Salaries and Wages
37,325
37,325
Ell
Expenses
3,500
3,500
Human Services
E12
Salaries and Wages
326,094
(2,100)
323,994
E13
Expenses
61,719
550
61,169
Total Human
387,813
(2,650)
385,163
Services
F
Library
Library
Fl
Salaries and Wages
633,970
633,970
F2
Expenses
175,039
175,039
Total Library
809,009
809,009
G Public Safetv
Police
Gl Salaries and Wages 2,671,985 (30,000) 2,641,985
G2 Expenses 215,827 215,827
-4-
Special Town Meeting
November 13, 2001
Animal Control
G3 Salaries and Wages
G4 Expenses
Fire / Emergency
Management
G5
Salaries and Wages
G6
Expenses
Dispatch
G7
Salaries and Wages
G8
Expenses
Public Safety
G9
Salaries and Wages
G10
Expenses
Total Public
Safety
H Public Works
Administration
H1 Salaries and Wages
H2 Expenses
Engineering
H3 Salaries and Wages
H4 Expenses
Highway and Equip.
Maint.
H5
Salaries and Wages
H6
Expenses
Parks and Forestry
H7
Salaries and Wages
H8
Expenses
Public Works (Sub-
Total)
H9
Salaries and Wages
H10
Expenses
10,175 10,175
5,485 (2,000) 3,485
2,528,215 (2,000) 2,526,215
48,201 3,300 51,501
253,101 253,101
38,196 38,196
5,463,476 (32,000) 5,431,476
307,709 1,300 309,009
5,771,185 (30,700) 5,740,485
89,093
5,980
220,036
15,950
659,473
280,749 (20,300)
89,093
5,980.
220,036
15,950
659,473
260,449
313,718 313,718
58,380 _ 6,400) 51,980
1,282,320
361,059 (26,700)
-5-
1,282,320 $130,000
Reading
334,359 Ice Arena
Authority
Special Town Meeting
November 13, 2001
H11
Street Lighting
H12
Rubbish Collection /
Disposal
H13
Snow and Ice
Control
Cemetery
H14
Salaries and Wages
H15
Expenses
Public Works
H16
Salaries and Wages
H17
Expenses
Total Public
Works
I
Building
Maintenance
School Buildings
Il
Salaries and Wages
12
Expenses
Town Buildings
13
Salaries and Wages
14
Expenses
Total Building
Maint.
J - K Schools
J School
K Northeast Regional
Voc. Asmt.
Total Schools
206,900 206,900
1,113,900 (2,000) 1,111,900
251,100 251,100
183,272 183,272
29,870 29,870
1,465,592 1,465,592
1,962,829 28,700) 1,934,129
3,428,421 (28,700) 3,399,721
1,070,769 1,070,769
1,396,055 1,396,055
118,600 118,600
346,472 12,500 358,972
2,931,896 12,500 2,944,396
24,959,78 (443,941) 24,515,840
1
155,636 155,636
25,115,41 (443,941) 24,671,476
7
-6-
Special Town Meeting
November 13, 2001
L Debt Service and
Capital
Ll Debt Service 3,540,770 3,540,770
L2
Capital Projects
L3
Town Bldg
48,775
(13,775)
35,000
L4
Fire Equipment
35,000
(14,000)
21,000
L5
Drainage Improv
7,000
(7,000)
L6
Hwy Equipment
70,000
(70,000)
L7
Sidewalk / Curb
70,000
(45,000)
25,000
L8
Library Computers
13,000
(5,000)
8,000
L9
Library Circulation
24,000
(24,000)
Sys
L10
School Technology
115,000
(115,000)
1,11
Drama Equipment
20,000
(20,000)
L12
Musical
20,000
(20,000)
Instruments
L13
Total Capital
422,775
(333,775)
89,000
Projects
Total Debt and
3,963,545
(333,775)
3,629,770
Capital
M Emnlovee Benefits
Ml
Contributory
2,216,900
2,216,900
Retirement
M2
Non-Contrib.
97,891
97,891
Retirement
M3
Unemployment
35,000
35,000
Benefits
M4
Group Health / Life
3,318,803
3,318,803
Ins.
M5
Medicare / Social
423,586
423,586
Security
M6
Workers
159,750
159,750
Compensation
M7
Police / Fire
30,000
30,000
Indemnification
M8
Total Employee
6,281,930
6,281,930
Benefits
-7-
Special Town Meeting
November 13, 2001
Enterarise Funds
N Water Fund
N1 Salaries and Wages 697,000 697,000
N2 Expenses 1,235,977 1,235,977
N3 Capital Outlay 764,500 764,500
Total Water Fund 2,697,477 2,697,477
O Sewer Fund
01
Salaries and Wages
188,562
188,562
02
Expenses
3,229,021
3,229,021
03
Debt Service
132,190
132,190
04
Capital Outlay
210,000
210,000
Total Sewer Fund
3,759,773
3,759,773
Budget Summary
General Fund
A
Accounting
108,102
108,102
B
Community
249,048
2,800
251,848
Development
C
Finance
834,700
(13,125)
821,575
D
General Services
580,399
47,150
627,549
E
Human Services
387,813
(2,650)
385,163
F
Library
809,009
809,009
G
Public Safety
5,771,185
(30,700)
5,740,485
H
Public Works
3,428,421
(28,700)
3,399,721
Town Totals
12,168,67
(25,225)
12,143,452
7
-8-
$130,000
Reading
Ice Arena
Authority
Special Town Meeting
November 13, 2001
I
Building
2,931,896
12,500
2,944,396
Maintenance
J
School Department
24,959,78
(443,941)
24,515,840
1
K
Northeast Regional
155,636
155,636
Asmt.
L
Debt Service and
3,963,545
(333,775)
3,629,770
Capital
M
Employee Benefits
6,281,930
6,281,930
Total General
50,461,46
(790,441)
49,671,024
Fund
5
State & County
606,880
606,880
Assessments
Total Funding
Required
For General Fund
51,068,34
(790,441)
50,277,904
5
Enterprise Funds
N Water Fund 2,697,477 2,697,477
O Sewer Fund 3,759,773 3,759,773
Total Enterprise 6,457,250 6,457,250
Funds
ARTICLE 4 - On motion by Virginia M. Adams, Precinct 2, it was voted to amend Line item
B3 Historical Commission expenses to reduce the reduction from $500 to $250.
ARTICLE 4 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted to take the $250 from free cash.
ARTICLE 5 - On motion by Richard W. Schubert, member of the Board of Selectmen, it was
voted to-authorize the Board of Selectmen and/or Conservation Commission to acquire all or any
parts of up to 5 acres of land of the easterly portion of the property at 15 Timothy's Place, shown
as Lot 9 on Assessor's Map 167, and further shown as Lot 3 on "Timothy's Place Definitive
Subdivision Plan of Land, Reading, Mass., dated March 3, 1999 by Benchmark Survey", which
-9- Special Town Meeting
November 13, 2001
land abuts conservation land under the ownership or control of the Reading Conservation
Commission, in fee or rights of easement therein by gift, purchase, or otherwise, for conservation
purposes in accordance with the purposes set forth in Massachusetts General Laws Chapter 40, §
8C, and over which the Conservation Commission shall have administrative control or care and
custody; and to appropriate the sum of One Dollar ($1.00) for the acquisition of said parcels of
land or rights of easement therein, or to be used for payment of land damages or other costs and
expenses of such acquisition; and to authorize the Board of Selectmen to enter into agreements
with private parties or public agencies for financial and other assistance in connection with such
acquisition; and to do all other acts and things necessary and proper for carrying out the purposes
of this vote;
and
voted to authorize the Board of Selectmen to convey and/or abandon a certain twelve (12) foot
Right of Way in Reading, MA located on land situated at 15 Timothy's Place, also shown as Lot
9 on Assessor's Map 167, which Right of Way easement is shown on a plan entitled: "Timothy's
Place, Definitive Subdivision Plan of Land, Reading, Mass., dated March 3, 1999, by Benchmark
Survey"; to determine the minimum amount to be paid or consideration to be received for such
conveyance and/or abandonment; and to authorize the Board of Selectmen to convey or abandon
all or any part of said rights and easements for such amount or a larger amount or other
consideration, and upon such other terms and conditions as the Board of Selectmen shall
consider proper and to deliver a deed or deeds therefor if necessary.
2/3 vote required
141 voted in the affirmative
11 voted in the negative
On motion by George V. Hines, Chairman of the Board of Selectmen, it was voted that this
Special Town Meeting stand adjourned sine die and reconvene the Subsequent Town Meeting.
Meeting adjourned at 9:15 p.m.
152 Town Meeting Members were present.
A true copy. Attest: Chery A. Jo son
Town Clerk
-10- Special Town Meeting
November 13, 2001
Subsequent Town Meeting reconvened at 9:15 p.m.
ARTICLE 1- Dr. Harry Harutunian presented the following State of the Schools report:
Mr. Moderator, Board of Selectmen, Finance Committee, Reading School Committee, Town
Meeting Members and most importantly the Reading community. This evening I am presenting
my seventh State of the Schools address to Town Meeting.
Before I begin, I want to call your attention to the tables that the schools and the special
education department have set up to feature some aspect of their program. The tables will be up
each night of town meeting so I invite you to visit each table to learn more about what we do in
the Reading Public Schools.
Permit me to start off by offering congratulations and a thank you to each of you. Over the past
six and a half years, you and those before you have worked hard to provide Reading children
with an outstanding public education. Your commitment to public education in Reading is
evident in so many ways, most recently in our outstanding MCAS results.
Tonight, thanks in part to you, Town Meeting Members, the State of the Schools is very strong.
This fall the school system opened with 42 students more than last year.
Our MCAS scores continue to improve. In. 1998 our ranking was 22nd in 1999 it was 23rd and
last year it was 20th and this year we are 16th from the top. This is an outstanding
accomplishment for any school district. When you look at our scores in mathematics and
language arts for grades 4, 8 and 10 and social studies grade 8, reading students improved in 6 of
the 7 areas.
We saw a slight decline this past year in grade 4 math after 3 consecutive years of steady
increase. Most importantly, we saw our 8th grade students this year, who were the first group of
everyday math students, achieve some of the top scores in the state in mathematics. In
particular, 10% more students reached the advanced performance level over last year. At the
high school we reduced failures significantly with only 16 students failing the math and English
language arts or both. Fifty special education students took the MCAS in 2001 and only 9 failed.
These accomplishments happen for a variety of reasons. Most importantly, the quality of our
students and the outstanding instruction our students receive each day from our staff. Another
important reason is you, the taxpayers and voters of Reading, and of course Town Meeting. I
want to extend my sincere thank you on behalf of the entire school system for the support the
Reading Public Schools have received from this town and its Town Meeting Members.
Over the past year accomplishments by Reading students in academics and athletics have been
absolutely unbelievable. Here are some of the accomplishments of our schools, and as you can
see, at Reading High School, we had 7 gold medal winners in the national Latin exam; 7 first or
second place winners in the national history day competition; 8 students were recognized as
national merit scholars with one finalist and one semi-finalist. The drama students won 10
awards for acting or set design. The band was recognized as most outstanding High School Band
-3- Subsequent Town Meeting
November 13, 2001
at the July 4th Parade in Washington, D.C. our athletics continue to be the envy of the Middlesex
league with softball and football holding state championships this past year.
At Coolidge Middle School our outstanding Science Olympiad Team was 1St in Massachusetts
again and 7th out of 53 middle schools in the country.
At Parker Middle School the math team was the division winner in the Massachusetts middle
school math league and gold ribbon winners at the global art festival.
Barrows Elementary School received the Department of Public Safety Bullying Grant for the 2nd
year in a row.
Birch Meadow Elementary School received the Department of Public Safety Bullying Grant for
the 1" year.
At Eaton Elementary School, State recognition in the Middlesex District poster contest for the
Dental Society and the anti-tobacco logo contest winner.
Killam Elementary School continues its Pillars of Character Program, which combats bullying
and.encourages positive choices and actions.
I am pleased that I can report this small portion of the many recognitions and accomplishments
of Reading students over the past year. The money you gave us to invest this past year has once
again paid handsome dividends for the children and taxpayers of Reading.
In the coming fiscal year I want Town Meeting to know that I recognize reductions are necessary
to maintain the fiscal integrity of the Town. We read about the diminishing strength of the
economy and the ever increasing unemployment rate, which has already hit Reading and caused
some families in town to loose income and scramble to find a way to pay their mortgage. In this
climate I recognize it will be extremely difficult for the Town of Reading to continue the level of
fiscal support that the School Department has seen over the past few years. I can, however, tell
you that whatever funding you give us will be invested wisely in our children. I also encourage
you to give us your ideas and insights on how we can be an even more effective school system.
One area that we can be even more successful in is volunteerism. Last week you heard our
President encourage individuals in the community to volunteer their time to their country, their
State and their community. We in Reading have seen above and beyond the call of duty efforts
by the volunteers who have served in the schools over the past few years. In the upcoming year I
will work to strengthen the volunteer program at our schools.
In that spirit, I would like to take a moment to recognize a few organizations representing
hundreds of individuals who have done an outstanding job donating their time, energy and
money to supplement the school system's budget. Through organizations like the PTOs at each
of our seven schools made up of parents who have worked closely with the principals and
teachers to offer field trips and supplement other needs of our students. These organizations
supplement our regular budget year after year.
-4- Subsequent Town Meeting
November 13, 2001
I wish I had the time to recognize every individual and every group that has contributed over the
last year, but I have asked three organizations to be here this evening to represent all our
volunteerism.
I have asked a representative from the Parent's Supporting Student Theatre, our Reading Band
Parent Organization and the Athletic Boosters Club to be here tonight. I ask that the following
community members who represent hundreds of parents to stand as I call your name.
David Lee, president of the Reading Band Parents Organization.
Dennis Gray from the Reading Boosters' Club.
Erlene Trites and Lucy Carpenter from the Parents Supporting Student Theatre.
Would you please join me in recognizing these three groups for all that have contributed to the
Reading Public Schools.
I do want to mention that together all the groups, including the three that have just been
recognized, raised over $450,000 dollars last year to help supplement the School Department
budget in curricular and extra curricular activities.
Utilizing volunteers helps us to offer a school system that we all can be proud of.
In labor negotiations, I am also proud to tell you that the Reading School Committee ratified a
one-year teachers' contract last week. This agreement was reached because of the positive
relationship that exists between the Reading School Committee and the Reading Teachers'
Association.
Our teachers are the greatest resource that we bring to our children, and we thank the Reading
Teachers' Association for its diligence and hard work in securing a contract for the teachers this
year.
Everyone knows that the next few years will be financially difficult but we will need to maintain
the highest level of educational programs for our children. I ask you this evening once again for
your time, your expertise, your input and your wisdom. Over the years members of this
community have stood up and supported us time and time again. Members of this community
have written to us about what they believe needs to be addressed. In the end we have proven that
with the money you give us, we can do an outstanding job providing a top education to
Reading's children. As we see declining financial resources for Reading, we will work hard to
do whatever we can to provide the best education we can.
I believe the school system is stronger today than it was when I stood before you seven years
ago.
-5- Subsequent Town Meeting
November 13, 2001
We are proud of our progress over the last 6 %Z years. We are proud of the work that has been
done by our young people under the guidance of our staff and administration
We look forward to your continued support of our employees, students and School Committee.
Finally, I am proud to be the Superintendent of Schools in Reading, Massachusetts.
THANK YOU AND GOD BLESS AMERICA
ARTICLE 1 - Selectmen Matthew Cummings presented the following Report of Progress of the
Reading Business Park (Landfill):
As most of you are aware, the Town of Reading signed a purchase and sale agreement with
Dickinson Development for the Reading Business Park, formerly the landfill on July 19, 2001.
The draft "Due Diligence" report was completed on October 15, 2000. As part of the agreement,
the Town was provided with a project schedule with a very aggressive time frame.
Since then, through the efforts of Dickinson, Town staff and cooperation of various boards,
committees and commissions, DEP and Mass Highway; the following have occurred:
Preliminary Site Plan Review and Approval
Conservation Order of Conditions
CAAA granted
App. For Public Works Economic Development Grant
In a briefing raw week from Dickinson Development, they informed us that in addition to Home
Depot and Jordan's Furniture, negotiations were underway with Extended Stay America for the
hotel portion and Chili's for the restaurant portion of the project. The office building remains in
the future. The 25% design study is due to be sent to Mass Highway this month and we are
anxiously waiting for the State budget to be passed to know the outcome of the PWED grant; a
process with which our State Representatives and State Senator have leant considerable support
not only because of the enormous local economic impact, but the significant state revenue
potential.
The project is progressing, along the aggressive schedule, however, the complexity, design and
approval process has added approximately 3-4 months to the project. As I stated, the CAAA
approval has been received; there have been some concerns raised regarding sediments in
Walkers Brook and whether or not DEP will require at some point in time in the future, their
removal. This is subject to review and estimate by our environmental consulting company and
expect this to be resolved fairly quickly. There is still a 404 permit to be applied for from the
Army Corps of Engineers, and other permits and approvals needed as the project goes forward.
The closing on the parcel is now scheduled for June 30, 2002. It is anticipated that final designs
for the project as a whole, site development and surrounding infrastructure improvements will be
completed by the end of Q2, 2002. Construction is anticipated to begin on the landfill closure in
July of 2002. There is no anticipation of any positive financial impact to the Town of Reading
for FY 03.
-6- Subsequent Town Meeting
November 13, 2001
The Board of Selectmen will continue to monitor the progress and associated time schedule and
will continue to provide Town Meeting with reports of progress.
ARTICLE 1 - Town Manager, Peter I. Hechenbleikner gave a brief status of the Affordable
Housing Trust Fund.
ARTICLE 1 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
moved to table the subject matter of Article 1.
ARTICLE 2 - On motion by Thomas J. Ryan, Precinct 1, it was moved that the Reading School
Committee be and hereby is instructed to consider providing a full-time nurse in every school in
Reading. Further, the committee is instructed to pursue the possibility of having the various
hospital trust funds pay for staffing these positions.
Motion did not carry.
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
voted to indefinitely postpone Article 3.
ARTICLE 4 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted to indefinitely postpone Article 4.
ARTICLE 6 - On motion by Gail F. Wood, member of the Board of Selectmen, it was voted to
rescind all of the remaining bond authorization made pursuant to Article 10 of the 1996 Annual
Town Meeting for the purpose of constructing and/or reconstructing the sanitary sewer system
on Eaton Street and related matters.
ARTICLE 7 - On motion by Russell T. Graham, Precinct 4, it was voted that the Town raise by
borrowing, and appropriate for the purposes of developing one or more schematic designs for
making extraordinary repairs and/or additions to the Reading Memorial High School at 62
Oakland Road, the sum of Four Hundred and Fifty Thousand Dollars ($450,000), including the
costs of engineering and architectural fees, plans, documents, cost estimates, and related
expenses incidental thereto and necessary. in connection therewith, said sum to be expended by
and under the direction of the School Building Committee; and that the Town vote to authorize
the School Building Committee, the School Committee, or any other agency of the Town to file
application for a grant or grants to be used to defray the cost of all or any part of the cost of said
schematic designs; and that the Town vote to authorize the School Building Committee to enter
into all contracts and agreements as may be necessary to carry out the purposes of this Article;
provided however that any appropriation authorized by this Article shall be contingent upon the
passage of a debt exclusion referendum question under General Laws Chapter 59 s 21c no later
than December 31, 2002.
-7- Subsequent Town Meeting
November 13, 2001
ESTIMATED EFFECT ON REAL ESTATE TAXES WITH DEBT
EXCLUSION OF $ 450,000 (BANS paid down in 2 years)
NOTE: THE FOLLOWING PROJECTIONS ARE BASED ON THE ESTIMATED FY'02
VALUATION OF $2,568,606,367 AND THE ESTIMATED FY'02 TAX RATE OF $12.25
PER THOUSAND OF VALUATION
• Each $2,568,606 expenditures= $1.00 on the tax rate
• Each $100,000 of additional expenditures= $.0389 on the tax rate
• Since the tax rate is per thousand dollars of valuation, each $100,000 increase of
expenditures will cost taxpayers $3.89 per $100,000 of property valuation
• The average assessment for single family homes is approximately $320,000
Estimated cost in first year of two year borrowing: ($225,000 principal plus $22,500 int.)
• With a $320,000 value, it would mean an increase of $ 30.81 in taxes for first year
Estimated total interest cost for borrowing for two years: $ 33,750
Second year of borrowing: 225,000 principal plus $11,250 interest)
ESTIMATED EFFECT ON REAL ESTATE TAXES WITH DEBT
EXCLUSION OF $ 450,000 (BANS paid down in 3 years)
NOTE: THE FOLLOWING PROJECTIONS ARE BASED ON THE ESTIMATED FY '02
VALUATION OF $2,568,606,367 AND THE ESTIMATED FY '02 TAX RATE OF $12.25
PER THOUSAND OF VALUATION
• Each $2,568,606 expenditures = $1.00 on the tax rate
• Each $100,000 of additional expenditures = $.0389 on the tax rate
• Since the tax rate is per thousand dollars of valuation, each $100,000 increase of
expenditures will cost taxpayers $3.89 per $100,000 of property valuation
• The average assessment for single family homes is approximately $320,000
Estimated cost in first year of three year borrowing: 150,000 principal plus $22,500 int.)
• With a $320,000 value, it would mean an increase of $ 21.47 in taxes for first year
Estimated total interest cost for borrowing for three years: $ 45,000
Second year of borrowing: ($150,000 principal plus $15,000 interest)
Third year of borrowing: 150,000 principal plus $ 7,500 interest)
On motion by Gary D. Phillips, Precinct 6, it was moved to delete "the School Committee" after
"the School Building Committee.
Motion to amend did not carry.
On motion by Michael F. Slezak, Precinct 6, it was voted to move the question.
To move the question:
2/3 vote required
99 voted in the affirmative
31 voted in the negative
On motion by Linda M. Phillips, Precinct, it was moved to have a roll call vote.
Motion for a roll call vote did not carry.
On original motion:
2/3 vote required
118 voted in the affirmative
12 voted in the negative
On motion by George V. Hines, Chairman of the Board of Selectmen, it was voted that this
Subsequent Town Meeting stand adjourned to meet at 7:30 p.m. at the Reading Memorial High
- School, on Thursday, November 15, 2001 for the Subsequent Town Meeting.
Meeting adjourned at 11:20 p.m.
165 Town Meeting Members were present.
A true copy. Attest: Che 1 A. Jo son
Town Clerk
-8- Subsequent Town Meeting
November 13, 2001
SUBSEQUENT TOWN MEETING
Reading Memorial High School November 15, 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. There was a moment of silence for Marge Pacino.
Bill Enslow and Chris Killian presented the RMHS Drama Club with a scene from Joseph and
the Amazing Technicolor followed by chorus singing God Bless America.
On motion by George V. Hines, Chairman of the Board of Selectmen, it was moved to remove
Article 1 from the table.
ARTICLE 1 - Len Rucker presented the following State of the Reading Municipal Light
Department (RMLD) 2001 Budget:
The RMLD serves all the electric needs of the towns of Reading, North Reading, Lynnfield
Village and Wilmington. Additionally, we maintain streetlights for the City of Haverhill and the
towns of Brookline, Framingham, Arlington and Winchester.
In 1997 deregulation passed in Massachusetts and completely changed the electric utility
industry. Since then, the RMLD has successfully negotiated these new challenges and has
emerged as a success story for our customers. We are in solid financial condition, have had no
rate increases since 1993 and expect no rate increase for the next few years. Our customers
already pay over 20% less for their electricity than customers served by Nstar (formerly Boston
Edison).
We ended 2000 with a total net plant value of $46,694,996. We reimbursed the town for all
expenses incurred including $556,230 for employee insurance and the services of the Treasurer
and Town Accountant's offices. Additionally, we transferred to the Retirement Board $702,854
to cover pensions for our staff. Finally, we paid $1,635,572 directly to the town from our
unappropriated earned surplus and an additional $141,434 as the town's share of the 2% of our
total net plant value. Added together, these transfers and reimbursements amount to over
$3,000,000 in 2000 alone.
We also completed a new transmission substation that costs just under $10.5 million and was
completed on time and under budget. We also built new `feeders' to improve reliability and
reconstructed a number of older neighborhoods to meet the increase demand for electricity
inherent in larger new homes and remodeled older homes. We sold over 672,257,703 kilowatt-
hours of electricity, fixed 74 poles damaged by vehicles and storms, replaced 227 poles and
connected 165 new homes and 35 new businesses.
All of this was done without a rate increase.
As deregulation continues to unfold in Massachusetts, the differences between municipal electric
companies and investor owned utilities are now more apparent than ever before. Large, privately
owned utilities, freed from their past absolute obligation to serve their customers, are focused on
profits, not customers. As a result, their customers face an uncertain future of rising rates and
questionable service.
Meanwhile, at the Reading Municipal Light Department, it's a very different story. We are local,
nonprofit and dedicated to personal service. With no outside stockholders to cloud our vision,
we're able to focus fully on the needs of our towns. It is a simple yet powerful idea that has
worked in Reading for 106 years.
Street Light Maintenance
Key to our ability to remain strong and competitive is our capacity to develop innovative new
programs and services that increase revenue without adversely affecting our existing customers.
Deregulation created one such opportunity for the RMLD. Cities and towns not already served
by a municipal electric company received the opportunity to purchase their streetlights from their
investor owned utility. By doing so, they were projected to save a substantial amount of money.
A number of cites and towns have examined this option and decided to purchase their
streetlights. Naturally, once they own them, they need someone to maintain them. Through the
competitive bidding process, the RMLD has been the successful bidder in 5 towns. These
contracts are valued at $194,000 over 3 years and are designed to recover 110 - 120% of our
costs. Additionally, one town has chosen to `relamp' the entire town to make their streetlights
more efficient and thus cheaper to operate. This contract is valued at $350,000 over a single year.
This business is a natural fit for the RMLD. We have 106 years maintaining streetlights and
understand every facet of the business. We can offer better service at less cost to the
communities of Massachusetts. By taking on this new opportunity, the RMLD will bring on new
sources of revenues to offset our expenses in other areas and have access to additional technical
staff to handle major storms and electric outages. This venture is virtually risk free because of
our highly experienced workforce, the consistent and predictable technology used in virtually all
streetlights and that this `business' uses the existing overhead that we are already paying for.
New Wholesale Power Deals
On October 4, 2001, the RMLD chose Calpine Energy Services of Houston, Texas as the
successful bidder to provide up to 77 MW's of wholesale energy through October 2007. The
total value of this deal was $49,000,000. The average price we achieved is lower than the
historical wholesale price anywhere in New England over the last year. This new arrangement
will cover expired or expiring contracts including the Pilgrim Nuclear Power Plant, our system
power deal with Nstar that expires in October 2002, a NU Select system power deal expiring in
October 2005 and to cover normal load growth and to better stabilize our fuel costs. This is a
tremendous accomplishment and ensures the RMLD can maintain low and stable rates during
this time of uncertainty
-2- Subsequent Town Meeting
November 15, 2001
ARTICLE 8 - On motion by Camille W. Anthony, member of the Board of Selectmen it was
voted to amend the following fees as established in Section 4.5.6 of the General Bylaws of the
Town of Reading as amended: _
Electrical Permits
Residential
New single family residential construction - per
housing unit
$200.00
Condos or apartment per unit
$200.00
Residential Additions/Renovations
- First 1-10 outlets
$15.00
- Each additional outlet
$1.00
- Fixed Appliances
$10.00
- Service. Change or alterations
$25.00
- Sub panels, each
$25.00
Commercial
Commercial new construction and Additions/Renovations
- First 1-10 outlets
$25.00
- Each additional outlet
$5.00
- Fixed Appliances
$20.00
Service. Change or alterations
- 1 phase service
$50.00
- 3 phase service
$100.00
- sub-panels
$25.00
MISCELLANEOUS
Alarms
$50.00
Central AC-Residential
$50.00
Central AC-Commercial
$75.00
Swimming Pools In-ground
$100.00
Swimming Pools Above Ground
$50.00
Temporary Service
$50.00
Special Equipment Commercial
$20.00
Pre-Securing Service
$20.00
General Fees
Re-Inspection Fee
$25.00
Late Filing Fee (per 5 working days)
double initial fee
Lost Permit $25.00
-3- Subsequent Town Meeting
November 15, 2001
Buildi.m Permit Fees
New Construction (including additions) for residential
$10 per $1000 of
value of
construction - $75
minimum
New Construction (including additions) for
$11 per $1000 of
commercial
value of
construction - $150
minimum
Demolition
$25 plus $5 per
$1000 of value
Permit Renewal Residential
$25/ ear
Permit Renewal Commercial
$50/year
Certificate of Occupancy
$50
Signs
$11 per $1000 of
value of
construction - $100
minimum
Re-roofing, siding, porch, deck, shed
$10 per $1000 of
value of
construction - $25
minimum
Background Material
➢ Survey of 8 communities surrounding Reading done in the summer/fall 2001
➢ Averages of communities including and not including Reading
A Board of Selectmen and others have amended fees based on survey
FY 2001
FY 2002
Permits
$ 193,000
$266,000
Other Revenue
54,000 _
44 000
Total
$247,000
$310,000
Budget Dir. Cost
$240,000
$246,000
➢ Expense figures do not include overhead and benefits
ARTICLE 9 - On motion by Richard W. Schubert, member of the Board of Selectmen it was
voted to accept General Laws Chapter 44 §§3-7, known as the Community Preservation Act,
which establishes a special "Community Preservation Fund" that may be appropriated and spent
for certain open space, historic resources and affordable housing purposes, to approve a property
-4- Subsequent Town Meeting
November 15, 2001
tax surcharge in an amount of one percent (1%) of the taxes assessed annually on real property
which shall be dedicated to the fund, such surcharge to be imposed on taxes assessed for fiscal
years beginning on or after July 1, 2002, and to exempt from the surcharge the following:
(1) property owned and occupied as a domicile by a person who would qualify for low income
housing or low or moderate income senior housing in the community; (2) $100,000 of the
assessed valuation of Class One Residential, parcels.
On motion by John D. Wood, Precinct 2, it was moved to amend Article 9 by adding to then end
"and that the Selectmen are directed to place an article on an appropriate Town Meeting warrant
so that Town Meeting must review the consequences of this Act and that the warrant article
cause to be put on the next ballot a question of keeping or revoking sections 3 to 7 of the Act.
Motion to amend did not carry.
Williard J. Burditt, Precinct 4, moves the question.
2/3 vote required to move the question
101 voted in the affirmative
40 voted in the negative
On motion by Gerald L. MacDonald, Precinct 3, it was moved to take Article 13 out of order.
CPA Presentation by Richard Schubert
The Community Preservation Act and Its Role in Achieving
Affordable Housing Goals in Massachusetts
. MGL Chapter 40B The Law"
November 1969
• Comprehensive Permit Law or "Anti-Snob Zoning" Law
• Established 10% subsidized housing requirement
Executive Order 418 The Teeth"
January 2000
• New Housing Certification standards
• Eligibility and bonus points for certain state grant programs linked to new
Housing Certification standards
-5- Subsequent Town Meeting
November 15, 2001
Community Preservation Act "The Tool"
September 2000
• Historical Preservation, Open Space and Affordable Housing
• Housing component included to assist towns in meeting state requirements
Grant Programs Subject to EO 418
Non-Competitive Rolling Application Grant Programs
(Housing Certification Required)
Department of Housing and Community Development
Massachusetts CDBG - Ready Resource Fund (RRF) $4,000,000 -
[possible future grant application (0% interest loans)]
Massachusetts CDBG - Community Capital Fund (MCCF) $1,000,000 -
[possible future application (0% interest loans)]
Executive Office of Transportation and Construction
Public Works Economic Development (PWED) $8,000,000 - [current
application for landfill project - possible future application for augmenting
the basic funding for the Downtown Streetscape Plan]
Competitive Grant Programs
(Housing Certification triggers approximate 10 percent bonus)
Program
Department of Housing and Community Development
HOME $12,000,000 - [intended future application]
Soft Second Loan Program $4,000,000 - [intended future application]
Lead Paint $800,000 - [possible future grant application]
Massachusetts CDBG-Community Development Fund I & II (CDF)
$14,000,000 [possible future grant application (0% interest loans)]
Massachusetts CDBG-Housing Development Support Program (HDSP)
[intended future application]
Executive Office of Environmental Affairs
Self-Help Program $5,000,000- [possible future grant application]
-6- Subsequent Town Meeting
November 15, 2001
Urban Self-Help Program $5,000,000 - [previous application for Marion
Woods - intended future application]
Massachusetts Clean Water State Revolving Fund Program $150,000,000
- [possible future grant application]
Massachusetts Drinking Water State Revolving Fund Program
$120,000,000 - [possible future grant application]
CPA Presentation by Kim Honetschlager
CPA can be used to fund needs in 3 areas:
• Open space
• Historic Preservation
• Affordable housing, plus
• Recreation
10% to each; recreation comes from remaining 70%.
I will now outline both the need and the potential of the CPA in the areas of open space,
recreation, historic preservation.
Open Space
Reading's Open Space and Recreation Plan survey (2000) showed strong support for the
acquisition of additional open space. By 76 percent or larger majorities, residents agreed that the
town should acquire more open space for ball fields and playgrounds, for watershed protection
and wildlife, and for passive recreation. Sixty-three percent of the 740 respondents (including 54
percent of seniors) would be willing to pay more taxes for the purchase of open space.
Respondents indicated that the preservation of open space is necessary to maintain the quality of
life and the aesthetic character of Reading.
CPA funds could be used for land acquisition, passive use development such as trails, parking,
handicapped accessibility, and education including trail maps, surveys, signs, and boundary
markers.
Since 1977 Reading has purchased only 2 open space parcels: Sledge Woods and Marion
Woods. Had CPA funds been available, we could have funded the Marion Woods purchase in 1
or 2 years.
Missed Opportunities
The town has already missed out on significant land acquisition opportunities due to lack of
funding. For example, Longwood Poultry Farm is one of the largest remaining undeveloped
parcels of land.
-7- Subsequent Town Meeting
November 15, 2001
Alternative Sources Of Funding
The primary alternative source of funds for open space acquisition is the state's Self-Help
program. $250,000 only; competitive, extra points if pass CPA.
Debt exclusion has no state matching funds and no exemption for $100,000 value or low income.
Recreation
There is high demand for playing fields, poor field conditions and limited parking at existing
recreation areas. Purchasing adjacent lands to existing passive and active recreation facilities
could make bikeways and walking trails possible. Acquiring new spaces could put recreation
facilities within walking distance of those residential areas that currently have few or only small
recreation facilities in their neighborhoods and an open space acquisition is the only way to
provide more fields. There are simply no town owned parcels that are suitable.
Missed Opportunities Due to Lack of Funding
A large parcel such as Longwood Poultry Farm or Spence Farm property would be large enough
for playing fields, walkingibike trails, and even affordable housing.
Opportunities to procure. new open and recreation spaces have a very limited time frame.
Availability of funds is key. Once it's gone, it's gone.
Alternative Sources of Funding
Recreation activities are currently funded by fees for the use of fields or for clinics sponsored by
the Recreation Department. The department already uses these funds to repair and maintain
playgrounds, build new areas like the new Symonds Way Field, and other small capital projects.
Fees are not sufficient for procuring new recreation lands.
Historic Preservation
You have seen development and loss of character in Reading. Imagine what Reading would look
like if we hadn't lost historic homes, stone walls, fields, woods Losing New England town
feel. A build-out analysis of Reading in Spring 2000 by the Executive Office of Environmental
affairs estimated over 700 additional developable lots in the town.
CPA money could be used to preserve historic landscapes, restore historic town property,
revitalizing the historic character of downtown, restore historic site such as Lob's Pound, or to
save threatened historic houses such as the Foster-Emerson house.
CPA funds could be used as loans, grants, a historically designated property - business
properties or private homes. For example, a low-interest loan or grant program could be set up
for Reading residents to draw upon to restore historic homes or barns.
-8- Subsequent Town Meeting
November 15, 2001
Alternative Sources of Funding
On Tuesday night, TM reduced funding for Historic Commission from $1224 to $924 for FY02.
State grants are available for certain historic projects but require matching town money (such as
CPA funds).
In summary, the need is great and there are no other funding sources adequate to meet the need.
The opportunity is great too. CPA will require different groups work together to prioritize needs.
CPA Presentation by Tim Kelley
Affordable housing is an asset to the community. The Community Preservation Act
(CPA) provides a mechanism to increase affordable housing: that is low and moderate income
housing and senior low and moderate income housing. As defined in the CPA, low income
housing is "housing for persons and families whose annual income is less than 80% of the area
wide median income as defined by HUD, the US Dept for Housing and Urban Development.
Moderate income housing is housing for persons and families whose annual income is less than
100% of the median annual income. Low and moderate senior housing is housing for persons 60
and over who otherwise qualify for low and moderate income housing.
The median income referred to in the CPA is the Boston areawide median income. The
Boston median income as of March, 2001 is $70,000.00. The median figure is computed
annually and is adjusted for household size.
We hear so much lately about affordable housing issues because there is a great need
locally and statewide for such housing. According to HUD, housing costs have escalated at a far
greater rate than wages. Property owners in Reading have benefited greatly from a significant
appreciation in market value of homes in recent years. These same market forces have put a
great pinch on the rental housing market. Nationwide from 1991 through 1997, affordable rental
units decreased 372,000, representing a 5% drop. In 1997 and 1998, rents increased twice the
rate of inflation. Nationwide, there are approximately 9 million renters at or below 30% of their
area median income. In 1997, for every 100 households at or below 30% median income, there
were only 36 units affordable and available.
Locally, most of the affordable inventory is concentrated in metropolitan areas. For
example, Boston provides 23% of the affordable units in the State. Reading's inventory of
affordable units, as counted by the Commonwealth's Department of Housing and Community
Development (DHCD) is 4.59%. That is 404 units out of 8,811 total households.
For a small Housing Authority, the Reading Housing Authority has been innovative in
attempting to develop new affordable units. Development is very important to our Board. And
we are very glad to report that in the past year or so we have been successful in adding four new
units to our stock of affordable housing. (The purchase and renovation of one 2 family home and
-9- Subsequent Town Meeting
November 15, 2001
- the construction of another 2 family.) Notwithstanding these new units, there have been many,
f many more units we have attempted to purchase or otherwise develop. However, despite our
constant efforts and the fact that we have added 4 new units, our percentage of affordable stock
has not increased but has decreased. In 2000, our overall percentage, as counted by DHCD was
4.63%.
This percentage is important because we are required by the State to provide 10%
affordable housing. Chapter 40B (Low and Moderate Income Housing, the Comprehensive
Permit law) also provides incentives to developers to increase the density of residential projects
which contain a minimum affordable component. In addition, we have Executive Order 418
("Executive Order 418: Assisting Communities in Addressing Housing Shortage"), an order
signed into effect by Gov. Cellucci in January, 2000. EO 418 ties awarding of discretionary
funds to the completion of steps to increase housing. Chapter 40B allows developers to receive a
comprehensive permit for building that basically overrides zoning, if an affordable component
required by the chapter is met. Towns that have already met their 10% are not subject to Ch 40B
comprehensive permits.
If the CPA were to be accepted by the voters, it would provide a very useful stream of
capital to create new affordable housing units. The TOWN and/or the RHA could leverage each
$100,000.00 in CPA funds into anywhere from 2 to 12 units of affordable housing each year.
Some examples of projects *include, purchase of existing units, construction of units on donated
land; construction on purchased land; moving donated house onto land, donated or purchased or
any combination thereof. The CPA prefers reuse of buildings; reuse, rather than new
construction, is especially appropriate for Reading. These projects would require certain subsidy
from CPA funds to become self supporting.
The variety of opportunities are wide and the ability to be ready to react when one
presents itself, with available CPA funds, would be of great importance.
Missed Opportunities. The RHA has attempted in many instances to acquire new
property for the purpose of creating new affordable housing in Reading. The overriding cause
for the failure of these projects is high costs which make projects financially untenable for the
Authority. CPA funds could have a great positive impact on the viability of such projects.
The following are examples of some considered projects that proved unsuccessful. We
have contracted to purchase single family homes, only to back out when it be came apparent the
cost were uneconomic. We have been offered donation homes for the purpose of moving them,
but have ultimately had to decline because of a lack of land to move them. We have attempted to
purchase an apartment building; after seller raised the price several times, we had to back out.
We have attempted to add 4 units at Tannerville and renovate another 16 units, all to be used for
Supportive Care. To date, we have not been able to acquire sufficient funding from DHCD. We
attempted to purchase a six unit residence; RHA pulled out of the project when a Comprehensive
Permit was denied and the costs of appeal and delay were too great to continue. We were
looking at Spence Farm & Longwood Poultry Farm for years with the possibility of constructing
an over age 55, low income housing/supportive services on part of the tract. We estimated that
we could have provided 20 to 40 badly needed units of elderly/handicapped affordable housing.
- 10 - Subsequent Town Meeting
November 15, 2001
These tracts were available to the Town for purchase for some time; however, there was no
funding available for purchase of either. However now it appears both parcels appear now to be
under agreement with private purchasers.
Alternative Sources of Funding. The primary source of funding for the RHA is mortgage
funding. This requires that the cost of purchasing a unit be completely supported by the
affordable rent mandated under the law. Needless to say, this is very difficult to make work.
Additional units or funds have been and can be added to the Town's inventory through the
Comprehensive Permit Process (Ch. 40B) and the town PUD and linkage Bylaws. A large
project with linkage of affordable units perhaps provides our best chance to increase our
affordable housing inventory by a large amount. The RHA also routinely applies for grants for
new projects. Using these means, we have not substantially increased the amount of affordable
housing inventory through these sources to date. In fact, our percentage has decreased.
As a member of the RHA Board, I have attended countless hearings concerning proposed
affordable housing developments. People who oppose a specific development often profess a
strong support for affordable housing. I hope and believe that Town Meeting and the voters do
in fact believe in the need for fair and affordable housing and that you and they support the
efforts of the Town and the RHA to increase Reading's supply. The CPA gives us the
opportunity to put our money (along with state matching money) where our mouth is. If Reading
is truly serious about affordable housing, we will accept this modest surcharge.
Community Preservation Act
Income Limits: Boston Area
(as of 3/29/01)
Number of persons in household
1
Median 49,000
80% 39,200
4
Median 701000
80% 56,000
2
56,000
44,800
5
75,600
60,480
3
63,000
50,400
6
81,200
64,960
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November 15, 2001
*Median income for the Boston Metropolitan area
is determined by HUD and is adjusted annually.
The current median income for the Boston area is
$70,000 and is adjusted for household size.
Low income is below 80% of Boston area median.
Moderate income is below 100% of Boston area median.
ARTICLE 13 - On motion by Richard W. Schubert, member of the Board of Selectmen it was
moved to authorize the Board of Selectmen to petition the General Court to approve a Home
Rule petition, pursuant to Article LXXXIX of the amendments to the Massachusetts Constitution
of the Commonwealth to accomplish the removal of the position of Chief of Police from the
provisions of Chapter 31 of the General Laws, known as the "Civil Service" provisions and such
legislation shall be generally in the following form:
Section 1: The position of Chief of Police of the Town of Reading
shall no longer be subject to Chapter 31 of the General Laws.
Section 2: Section 1 shall not impair the Civil Service status of any
person holding the office of Chief of Police of the Town of Reading
on the effective date of this act.
And, further, that the Board of Selectmen, is hereby authorized to take
all necessary action in support of this Article.
Motion did not carry.
Background Material
➢ Police Chief position in Reading has been in Civil Service since 1918;
➢ Fire Chief position in Reading is not in civil service
➢ Of 14 comparable communities in the area, 6 do not have Police Chief's in Civil Service, and
1 other is considering taking the position out.
➢ 2 major effects of having the position in Civil Service:
➢ Hiring Process
➢ Protection of the incumbent in the position
HIRING PROCESS
➢ Cost
➢ Time (up to 2 years vs. 2 month)
-12- Subsequent Town Meeting
November 15, 2001
➢ Involvement of Appointing Authority
➢ Involvement of Confirming Authority
PROTECTION OF INCUMBENT IN THE POSITION
➢ Employment agreement
➢ Removal for cause
Leave from Civil Service position
On motion by George V. Hines, Chairman of the Board of Selectmen, it was voted that this
Subsequent Town Meeting stand adjourned to meet at 7:30 p.m. at the Reading Memorial High
School, on Monday, November 19, 2001 for the Subsequent Town Meeting.
Meeting adjourned at 11:20 p.m.
152 Town Meeting Members were present.
L
A true copy. Attest: ~eryl. ohnso
Town -13- Subsequent Town Meeting
November 15, 2001
SUBSEQUENT TOWN MEETING
Reading Memorial High School November 19, 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 The Reverend Robin Zucker of the Unitarian Universalist Church,
followed by the Pledge of Allegiance to the Flag.
ARTICLE 10 - On motion by Camille W. Anthony, member of the Board of Selectmen it was
voted to petition the General Court to approve a Home Rule petition, pursuant to Article
LXXXIX of the amendments to the Massachusetts Constitution of the Commonwealth, to amend
Section 2.3 of the Reading Home Rule Charter by inserting as the third paragraph essentially the
following language:
"In the event of a tie write-in vote for a vacant Town Meeting position, the position
shall be filled by a vote of the remaining Town Meeting Members of the precinct, from
the write-in candidates whose write-in votes were tied. The Town Clerk shall give
notice of the tie vote to the remaining Town Meeting Members of the precinct. The
Town Clerk shall set a time and place for a precinct meeting for the purpose of filling
the vacancy. The Town Clerk shall give notice of the meeting to precinct Town
Meeting Members at least seven (7) days in advance, and shall publish legal notice in a
newspaper of general circulation in the community. A vacant position filled in this
manner shall be filled for the entire remainder of the term."
On motion by Gerald L. MacDonald, Precinct 3, it was voted to move the question.
2/3 vote required to move the question
109 voted in the affirmative
4 voted in the negative
On original motion:
2/3 vote required
109 voted in the affirmative
4 voted in the negative
ARTICLE 11 - On motion by Camille W. Anthony, member of the Board of Selectmen it was
voted to amend Section 8-10 (b) of the Reading Home Rule Charter by deleting in the second
paragraph "in a place convenient to the public at all reasonable times" and substituting therefore
"in the office of the Town Clerk" so that the second paragraph of 8-10 (b) reads as follows:
"These rules and minutes shall be a public record kept in the office
of the Town Clerk, and copies shall be kept available in the library."
2/3 vote required
114 voted in the affirmative
1 voted in the negative
ARTICLE 12 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted to amend Section 2-12 of the Reading Hoene Rule Charter by inserting in the paragraph
entitled "Rules Committee" between the words "Committee" and "consisting" the words
"chaired by the Town Moderator who shall be a non-voting member" so that the paragraph shall
read in its entirety:
"Rules Committee There shall be a Rules Committee, chaired by the
Town Moderator who shall be a non-voting member, consisting of the
Precinct Chairmen, which shall review all aspects of the operation of
Town Meeting, and make an Annual Report in writing to Town Meeting
setting forth its findings, recommendations, and proposals for rules
governing the conduct of Town Meeting."
On motion by Alexander McRae, Precinct 6, it was moved to change the word "chairmen"
to "chair".
Motion to amend did not carry.
2/3 vote required
105 voted in the affirmative
16 voted in the negative
ARTICLE 14 - On motion by Gail F. Wood, member of the Board of Selectmen, it was voted to
amend General Bylaw Section 5.3.20.2 "Action upon Non-Compliance" by changing "fifteen
(15) days" to "five (5) business days", so that Section 5.3.20.2 will read in its entirety as follows:
"Section 5.3.20.2 Action upon Non-Compliance
Upon failure, neglect or refusal of any owner or agent so notified to properly dispose of
litter dangerous to the public health, safety or welfare within twenty-four (24) hours or
within such other time as the Board of Health deems reasonable, after receipt of written
notice provided for in Subsection 5.3.20.1 above or within five (5) business days after
the date of such notice in the event the same is returned to the Town by the Postal
Service because of its inability to make delivery thereof, provided the same was
properly addressed to the last known address of such owner or agent, the Board of
Health is hereby authorized and empowered to pay for disposing of such litter or order
its disposal by the Town."
ARTICLE 15 - On motion by Gail F. Wood, member of the Board of Selectmen, it was voted to
authorize the Board of Selectmen to accept the conveyance of a certain sidewalk easement in I.-
-2- Subsequent Town Meeting
November 19, 2001
Reading, Middlesex County, MA located on Franklin Street which easement is shown on a plan
i entitled: Sidewalk Easement Through Private Property Portion of Franklin Street, Reading, dated
July 24, 2001; to appropriate the sum of Five Dollars ($5.00) to be paid for such conveyance;
and to authorize the Board of Selectmen to accept all or any part of said rights and easements for
such amount or a larger amount, and upon such other terms and conditions as the Board of
Selectmen shall consider proper and to deliver a deed or deeds therefor if necessary.
2/3 vote required
118 voted in the affirmative
1 voted in the negative
ARTICLE 16 - On motion by Gail F. Wood, member of the Board of Selectmen, it was moved
to authorize the Board of Selectmen to convey and/or abandon a portion of a certain drainage
easement in Reading, Middlesex County, MA located on land situated at the end of Annette Lane
and Applegate Lane which easement is shown on a plan entitled: Definitive Subdivision Plan
Colburn Road Extension dated January 16, 1985; to determine the minimum amount to be paid
for such conveyance and/or abandonment; and to authorize the Board of Selectmen to convey or
abandon all or any part of said rights and easements for such amount or a larger amount, and
upon such other terms and conditions as the Board of Selectmen shall consider proper and to
deliver a deed or deeds therefor if necessary.
ARTICLE 16 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted to indefinitely postpone Article 16.
ARTICLE 17 - On motion by Gail F. Wood, member of the Board of Selectmen, it was voted to
authorize the Board of Selectmen to convey and/or abandon a portion of a certain drainage
easement in Reading, Middlesex County, MA located on land situated at 32 Davis Lane which
easement is shown on a plan entitled: Definitive Subdivision Plan Davis Lane Reading, Mass.
dated March 17, 1988; to determine the minimum amount to be paid for such conveyance and/or
abandonment; and to authorize the Board of Selectmen to convey or abandon all or any part of
said rights and easements for such amount or a larger amount, and upon such other terms and
conditions as the Board of Selectmen shall consider proper and to deliver a deed or deeds
therefor if necessary.
2/3 vote required
123 voted in the affirmative
1 voted in the negative
ARTICLE 18 - On motion by Gail F. Wood, member of the Board of Selectmen, it was voted to
authorize the Board of Selectmen to convey and/or abandon a portion of a certain drainage
easement in Reading, Middlesex County, MA located on land situated at 518 Summer Avenue
which easement is shown on a plan entitled: Plan of Land in Reading Massachusetts Drain
Easement 518 Summer Avenue dated October 19, 1990; to determine the minimum amount to be
paid for such conveyance and/or abandonment; and to authorize the Board of Selectmen to
convey or abandon all or any part of said rights and easements for such amount or a larger
amount, and upon such other terms and conditions as the Board of Selectmen shall consider
proper and to deliver a deed or deeds therefor if necessary.
-3- Subsequent Town Meeting
November 19, 2001
ARTICLE 19 - On motion by Timothy R. Twomey, Precinct 4, it was moved to authorize the
Board of Selectmen and the.School Committee to grant VERIZON NEW ENGLAND an
easement, in a form approved by Town Counsel, to be located at the J. Warren Killam School in
Reading, Middlesex County, Massachusetts to allow the placement of one electronic telephone
cabinet with-a'supportive concrete pad on an area consisting of approximately fifteen (15) feet
wide and twenty (20) feet long; to determine the amount to be paid for such conveyance; and to
authorize the Board of Selectmen and School Committee to convey such easement upon such
other terms and conditions as the Board of Selectmen and School Committee shall consider
proper.
Motion did not carru.
ARTICLE 20 - On motion by Richard W. Schubert, member of the Board of Selectmen, it was
voted to authorize the Board of Selectmen to convey and/or abandon. a portion of a certain
drainage easement in Reading, Middlesex County, MA located on land situated at 126 Main
Street which easement is shown on a plan entitled: Plan of Easement for Drainage Purposes from
Hopkins Street to Main Street dated March 1937, and to accept the conveyance of a relocated
drainage easement on the same parcel of land; to determine the minimum amount to be paid for
such abandonment and acceptance; and to authorize the Board of Selectmen to convey or
abandon all or any part of said rights and easements for such amount or a larger amount, and
upon such other terms and conditions as the Board of Selectmen shall consider proper and to
deliver a deed or deeds therefor if necessary.
2/3 vote required
119 voted in the affirmative
1 voted in the negative
ARTICLE 21- On motion by Kathryn M. Greenfield, Precinct 5, it was voted to make the
following amendments to the Zoning By-Law:
Remove all text from Section 4.4A.1. and insert the following text:
"4.4A.A. Boundaries of the National Flood Insurance Flood Management
District:
The Floodplain District shall be the boundaries of the National Flood Insurance
Flood Management District, and shall include those areas denoted as Zone A (all
suffixes) and Zone B as shown on the Federal Emergency Management Agency Federal
Insurance Administration Flood Insurance Rate Map for the Town of Reading,
Massachusetts in Middlesex County all panels available, utilizing the most recent
effective date as may be amended.
-4- Subsequent Town Meeting
November 19, 2001
Remove all text from Section 4.4A.2. including said exhibits from the overlay district map and
insert the following text:
"4.4A.2. Applicability
Any property shown within the boundaries of 4.4A.1. shall be subject to the
requirements herein of Section 4.4. as the Floodplain District.
Remove all text in 4.4A.3. and insert the following text:
"4.4A.3. Uses Permitted in the National Flood Insurance Flood
Management District:
When this Paragraph 4.4A.1. applies, then all otherwise
applicable provisions of Section 4.4. and Section 4.5. will also apply."
Remove all text in Section 4.4.4.2., and Insert the following text:
"4.4.4.2. If any land defined in the By-Laws as being in a Floodplain District is proven
to be in fact neither subject to flooding nor unsuitable for human occupancy because of
drainage and topographic conditions, and if the use of such land will not be detrimental
to the public health, safety and welfare, the Board of Appeals may permit buildings for
human occupancy on such land in accordance with the requirements of the underlying
district after the necessary proof has been presented to and reported on by the
Community Planning and Development Commission and the Board of Health."
2/3 vote required
128 voted in the affirmative
- 0 - voted in the negative
ARTICLE 22 - On motion by Kathryn M. Greenfield, Precinct 5, it was voted to make the
following amendments to the Zoning By-Law:
Remove all text from Section 4.8. and insert the following:
4.8. AQUIFER PROTECTION DISTRICT
4.8.1. Purpose of District
The purpose of this Aquifer Protection District is to:
4.8.1.1. promote the health, safety, and general welfare of the community by ensuring an
adequate quality and quantity of drinking water for the residents, institutions, and businesses of
the Town of Reading;
4.8.1.2. preserve and protect existing and potential sources of drinking water supplies;
4.8.1.3. conserve the natural resources of the Town of Reading; and
-5- Subsequent Town Meeting
November 19, 2001
4.8.1.4. prevent temporary and permanent contamination of the environment.
4.8.2. Scope of Authority
The Aquifer Protection District is an overlay district superimposed on the underlying
zoning districts which shall apply to all new construction, reconstruction, or expansion of
existing buildings and new or expanded uses which fall, wholly or partially within such Aquifer
Protection District. Uses prohibited in the underlying zoning districts shall not be permitted in
the Aquifer Protection District.
4.8.3. Definitions
For the purposes of this section, the following terms are defined below:
Aquifer: Geologic formation composed of rock, sand or gravel that contains significant
amounts of potentially recoverable water.
Aquifer Protection District: The zoning district defined to overlay other zoning districts in the
Town of Reading. The aquifer protection district may include specifically designated recharge
areas.
Impervious Surface: Material or structure on, above, or below the ground that does not allow
precipitation or surface water to penetrate directly into the soil. Impervious surfaces shall
include all roofs, driveways, parking areas, roadways and walkways, regardless of the _
proposed surface material.
Mining: The removal or relocation of geologic materials such as topsoil, sand, gravel,
metallic ores, or bedrock.
Potential Drinking Water Sources 2: Areas which could provide significant potable water
in the future.
Recharge Areas: Areas that collect precipitation or surface water and carry it to aquifers.
Recharge areas may include areas designated as Zone II and Zone III
Toxic or Hazardous Material: Any substance or mixture of physical, chemical, or
infectious characteristics posing a significant, actual, or potential hazard to water supplies
or other hazards to human health if such substance or mixture were discharged to land or
water in the Town of Reading.. Toxic or hazardous materials include, without limitation;
synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious
wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under
Massachusetts General Laws (M.G.L.) Chapter(c.) 21C and 21E and 310 CMR 30.00, and
also include such products as solvents and thinners in quantities greater than normal
household use.
-6- Subsequent Town Meeting
November 19, 2001
4.8.4. Establishment and Delineation of Aquifer Protection District
The Aquifer Protection District is delineated and established on a map entitled "Figure 2
Town of Reading, Massachusetts Zone II and Zone III Areas" prepared by Weston & Sampson
Engineers, Inc. resulting from a study for the Town of Reading Entitled 100 Acre Wellfield
Zone II Study dated July 1996 which shows certain aquifer protection areas consisting of
aquifers or recharge areas. Such map is hereby made a part of the Town of Reading Zoning By-
Law and is on file in the office of the Town Clerk and the Building Inspector's Office.
4.8.5 Boundary Disputes
If the location of the District boundary in relation to a particular parcel is disputed,
resolution shall be accomplished by the owner(s) filing a Special Permit application with the
Special Permit Granting Authority (SPGA), the Reading Zoning Board of Appeals. Any
application for a special permit for this purpose shall be accompanied by adequate
documentation. The burden of proof shall be upon the owner(s) of the land to show where the
boundaries should be located. At the request of the owner(s), the Town may engage a
professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the
boundaries of the districts with respect to individual parcels of land and review the
documentation presented by the owner(s). The SPGA may charge the owner(s) for the cost of
such investigation.
4.8.6. Use Reuulations
In the Aquifer Protection District, the following regulations shall apply:
4.8.6.1. Permitted Uses
The following uses are permitted within the Aquifer Protection District, provided that
all necessary permits, orders, or approvals required by local, State or Federal laws are also
obtained:
4.8.6.1.1. conservation of soil, water, plants and wildlife;
4.8.6.1.2. outdoor recreation, nature study, boating, fishing, and hunting
where otherwise legally permitted;
4.8.6.1.3. foot, bicycle and/or horse paths and bridges;
4.8.6.1.4. normal operation and maintenance of existing water bodies and dams,
splash boards, and other water control, supply and conservation devices;
4.8.6.1.5. maintenance, repair, and enlargement of any existing structure, subject to
Section 4.8.6.2.
4.8.6.1.6 residential development, subject to Section 4.8.6.2.
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November 19, 2001
4.8.6.1.7. farming, gardening, nursery, conservation, forestry, harvesting and
grazing, subject to Section 4.8.6.2.
4.8.6.1.8. construction, maintenance, repair, and enlargement of drinking water
supply related facilities such as, but not limited to, wells, pipelines, aqueducts
and tunnels.
4.8.6.1.9. impervious cover on property up to 15%.
4.8.6..1.10. impervious cover tip to 20% if a system for artificial recharge of
precipitation is provided that will not result in the degradation of groundwater
quality. Recharge plans shall comply with the DEP Stormwater Guidelines and
shall be submitted to the Town Engineer or the applicable Board, Committee or
Commission for review and approval.
4.8.6.2. Prohibited Uses
The following uses are prohibited:
4.8.6.2.1. landfills and open dumps as defined in 310 CMR 19.006;
4.8.6.2.2. automobile graveyards and junkyards, as defined in M.G.L.c. 140B, § 1;
4.8.6.2.3. landfills receiving only wastewater and/or septage residuals including
those approved by the Department of Environmental Protection pursuant to M.G.L.c.
21, §26 through 53; M.G.L.c. 111, § 17; M.G.L. c. 83, §6 and 7, and regulations
promulgated thereunder;
4.8.6.2.4. facilities that generate, treat, store, or dispose of hazardous waste that are
subject to M.G.L.c. 21C and 310 CMR 30.00, except for the following:
4.8.6.2.4.1. very small quantity generators as defined under 310 CMR 30.000;
4.8.6.2.4.2. household hazardous waste centers and events under 310 CMR
30.390;
4.8.6.2.4.3. waste oil retention facilities required by M.G.L. c. 21,
§52A;
4.8.6.2.4.4. water remediation treatment works approved by DEP for the treatment
of contaminated ground or surface waters;
4.8.6.2.4.5. petroleum, fuel oils, and heating oil bulk stations and terminals
including, but not limited to, those listed under Standard Industrial Clas4ification
(SIC) Codes 5171 and 5983;
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19, 2001
. ovem ember
.
4.8.6.2.4.6. storage of liquid hazardous materials, as defined in M.G.L.c. 21E, and
liquid petroleum products, unless such storage is
(a) above ground level; and
(b) on an impervious surface; and
(c) either
(i) in container(s) or above ground container(s) within a building; or;
(ii) outdoors in covered container(s) or above ground tank(s) in an
area that has a containment system designed to hold either 10%
of the total possible storage capacity of all containers, or 110%
of the largest container's storage capacity, whichever is greater;
4.8.6.2.4.7. storage of sludge and septage, unless such storage is in compliance
with 310 CMR 32.30 and 310 CMR 32.31;
4.8.6.2.4.8. storage of deicing chemicals unless such storage, including loading
areas, is within a structure designed to prevent the generation and escape of contaminated runoff
or leachate;
4.8.6.2.4.9. storage of animal manure unless covered or contained in accordance
with the specifications of the Natural Resource Conservation Service;
4.8.6.2.4.10. earth removal, consisting of the removal of soil, loam, sand, gravel,
or any other earth material (including mining activities) to within 4 feet of historical high
groundwater as determined from monitoring wells and historical water table fluctuation data
compiled by the United States Geological Survey, except for excavations for building
foundations, roads, or utility works;
4.8.6.2.4.11. discharge to the ground of non-sanitary waste water including industrial and
commercial process waste water, except:
(a) the replacement or repair of an existing treatment works that will
not result in a design capacity greater than the design capacity of
the existing treatment works;
(b) treatment works approved by the Department of Environmental
Protection designed for the treatment of contaminated ground or
surface water and operating in compliance with 314 CMR 5.05(3)
or 5.05(13);
(c) publicly owned treatment works;
4.8.6.2.4.12. stockpiling and disposal of snow and ice containing deicing chemicals if brought
in from outside the district;
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4.8.6.2.4.13. storage of commercial fertilizers, as defined in MGL Chapter 128,§64, unless such
storage is within a structure designated to prevent the generation and escape of contaminated
runoff or leachate;
4.8.6.2.4.14. underground storage tanks related to the activities in Section 4.8.6.1.
4.8.7. Violation Notice
Written notice of any violations of this Section shall be given by the Building
Inspector to the property owner as soon as possible after detection of a violation or a
continuing violation. Such notice shall specify the requirement or restriction violated and the
nature of the violation, and may also identify the actions necessary to remove or remedy the
violations and preventative measures required for avoiding future violations and a schedule of
compliance. A copy of such notice shall be submitted to the Building Inspector, the Board of
Health, Conservation Commission, Town Engineer/Department of Public Works, and Water
Department. The cost of containment, clean-up, or other action of compliance shall be borne
by the owner of the premises.
2/3 vote required
127 voted in the affirmative
- 0 - voted in the negative
ARTICLE 23 - On motion by Richard W. Schubert, member of the Board of Selectmen it was
voted to make the following amendments to Section 5.7, Wetlands Protection, of the Reading
General Bylaws:
a) In Section 5.7.1, insert wildlife habitat," after "fisheries", so that this Section reads:
"The purpose of this Bylaw is to protect the floodplains and wetlands of the Town by controlling
activities deemed to have a significant effect upon wetland values, including but not limited to
the following: public or private water supply, groundwater, flood control, erosion control, storm
damage prevention, water pollution prevention, fisheries, wildlife habitat, and wildlife.".
b) In Section 5.7.2 concerning requests for determination, delete the last sentence which reads,
"There shall be no charge imposed for such a request.".
c) In Section 5.7.3, delete the first sentence, which reads:
"No person shall remove, fill, dredge or alter any bank, fresh water wetland, flat, marsh,
meadow, bog, swamp, creek, river, stream, pond or lake, or any land under said waters or any
land subject to flooding, other than in the course of maintaining, repairing or replacing, but not
substantially changing or enlarging an existing and lawfully located structure or facility used in
the service of the public and used to provide electric, gas, water, sanitary sewer, storm drainage,
public roadway, telephone, telegraph and other telecommunication services, without filing
written notice of his intention to so remove, fill, dredge or alter and without receiving and
complying with an Order of Conditions and provided all appeal periods have elapsed.", -
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and replace it with the following sentence:
"No person shall remove, fill, dredge or alter the following resource areas: bank; fresh water
wetland; marsh; meadow; bog; swamp; creek; river; stream; pond; lake; lands under water
bodies; land within one hundred feet of any of the preceding resource areas; land subject to
flooding; and riverfront area, other than in the course of maintaining, repairing or replacing, but
not substantially changing or enlarging an existing and lawfully located structure or facility used
in the service of the public and used to provide electric, gas, water, sanitary sewer, storm
drainage, public roadway, telephone, telegraph and other telecommunication services, without
filing written notice of his intention to so remove, fill, dredge or alter and.without receiving and
complying with an Order of Conditions, and provided all appeal periods have elapsed. Said
resource areas shall be protected whether or not they border surface waters.".
d) In Section 5.7.4, delete the entire section, which now reads:
"The same Notice of Intent, plans and specifications required to be filed by an applicant under
Section 40 of Chapter 131 of the General Laws will be accepted as fulfilling the applicable
requirements of this Bylaw. The Conservation Commission may adopt and impose project
review changes in accordance with regulations adopted pursuant hereto.
5.7.4.1 The maximum fee on any one filing will be $3,000.00.
5.7.4.2 Town Projects are exempt from review fees under Section 5.7.4.",
and replace it with the following:
"The same Notice of Intent, plans and specifications required to be filed by an applicant under
Section 40 of Chapter 131 of the General Laws will be accepted as fulfilling the applicable
requirements of this Bylaw. The Conservation Commission may adopt and impose project
review charges in accordance with regulations adopted pursuant hereto. Town Projects are
exempt from review fees under Section 5.7.4.".
e) In Section 5.7.5, Bordering Vegetated Wetland, delete the word "ditch" after the word
"intermittent" and delete " bank thereof' and replace it with "the bank of any of the preceding
resource areas" in the definition of "Bordering Vegetated Wetland" so that the definition reads:
"Bordering Vegetated Wetland: Shall include any wetland that touches any
creek, river, stream, whether permanent or intermittent, pond or lake, or
the bank of any of the preceding resource areas.".
f) In Section 5.7.5 Buffer Zone, delete the word "also" after the word "shall" at the beginning of
the definition and add the phrase, "or Riverfront Area", to the end of the definition so that the
definition reads:
"Buffer Zone: Shall include land extending one hundred (100) feet horizontally outward
from the boundary of any area subject to
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protection under this Bylaw, except land subject to flooding or
riverfront area.".
g) In Section 5.7.5 Ditch, delete " bank thereof' and replace it with "the bank of any of the
preceding resource areas" in the definition of "Ditch" so that the definition reads:
"Ditch: Shall mean any man-made trench or furrow that has not altered
any creek, river, stream, pond or lake, or the bank of any of the preceding
resource areas, or wetland.".
h) In Section 5.7.5, Floodplain, delete the word, "Bordering" so that the defmition reads:
"Floodplain: Shall be synonymous with Land Subject to Flooding.".
i) In Section 5.7.5, add a new definition between "Rare Species" and "Wetlands" to read as
follows:
"Rvverfront Area: Shall be as defined in 310 CMR 10.00, as amended.".
j) In Section 5.7.14, delete this Section in its entirety, including sub-Sections 5.7.14.1, 5.7.14.2,
and 5.7.14.3, and replace them with the following:
"A decision of the Conservation Commission shall be reviewable in
the Massachusetts Superior Court in accordance with Massachusetts General Laws, Chapter 249,
Section 4.".
k) In Section 5.7.15, delete the second sentence in the first paragraph, which reads:
"This fee is called the consultant fee and shall be in the maximum
amount of Five Thousand Dollars ($5,000.00).",
and replace it with the following:
"This fee is called the consultant fee and shall be in the maximum
amount of Twenty-Five Thousand Dollars ($25,000.00).".
1) In Section 5.7.15, delete the second sentence in the second paragraph, which reads:
"The applicant shall pay the consultant fee to the Town to be put into
a consultant services account of the Conservation Commission which
may be drawn upon by the Conservation Commission for specific
consultant services approved by the Conservation Commission at one
of its public meetings.",
and replace it with the following:
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"If a revolving fund for the consultant expense fee is authorized by
the Town Meeting, or by any general or special law, the consultant fee
shall be put into such revolving fund. The Commission may draw upon
that fund for specific consultant services approved by the Commission
at one of its public meetings.".
ARTICLE 23 - On motion by Richard W. Schubert, member of the Board of Selectmen, it was
voted to accept the provisions of Massachusetts General Laws, Chapter 44, Section 53E %Z for
purposes of administering the consultant fee provision of Reading General Bylaws, Section 5.7,
Wetlands Protection, and further that the Conservation Commission may expend same without
appropriation for expenses reasonably related to its duties and responsibilities as provided above;
that expenditures from same shall not exceed $50,000 in the Fiscal Year 2002; that the
Conservation Commission will report to the next Annual Town Meeting on receipts and
expenditures of the revolving fund; that any balance remaining in the revolving fund shall revert
to surplus revenue unless otherwise voted by Town Meeting; and that the revolving fund in order
to continue in existence needs be reauthorized by each Annual Town Meeting.
On motion by George V. Hines, Chairman of the Board of Selectmen, it was voted that this
Subsequent Town Meeting stand sine die.
Meeting adjourned at 9:40 p.m.
135 Town Meeting Members were present.
A true copy. Attest: Cheryl. . Jo son
Town lerk
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