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HomeMy WebLinkAbout1998-09-14 Special Town Meeting MinutesCOMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on August 27, 1998 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, 67 Pleasant 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 September 14, 1998, 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 August 31, 1998. Daniel W. Halloran, Constable A true copy. Attest: _'Meryl A Johnson, T wn 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 in said Reading, on Monday, September 14, 1998, 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, 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 Capital Improvement 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 the Reading Zoning By- Laws by amending Section 4.3.4. Adult Uses as follows, or take any other action with respect thereto: Amend Paragraph 4.3.4.3. by deleting the word "may" and substituting therefor the word "shall"; and by deleting the phrase with such conditions as it deems appropriate for the protection of public health, safety, and welfare," in the second sentence thereof, so that Paragraph 4.3.4.3. shall read: 2 "No Adult Use shall be allowed except by a Special Permit granted by the Board of Appeals. The Board of Appeals shall grant a Special Permit for an Adult Use in any district permitting such use only if the use is found by the Board of Appeals to comply with the following standards and procedures:" 2. Amend subparagraph 4.3.4.3.1.a. by deleting the phrase "seven hundred fifty (750) feet" and substituting therefor the phrase "one hundred (100) feet", so that subparagraph 4.3.4.3.1.a. shall read: "a. Within one hundred (100) feet of a boundary line of a residential zoning district;" 3. Amend subparagraph 4.3.4.3.1.b. by deleting the phrase "seven hundred fifty (750) feet of a lot line of any lot containing" and substituting therefor the phrase "five hundred (500) feet of any structure containing, at the time of Special Permit application,"; by deleting the phrase "park, playground"; and by adding at the end of the subparagraph the phrase "or within five hundred (500) feet of the lot line of a park or playground existing at the time of Special Permit application;" so that subparagraph 4.3.4.3.1.b. shall read: "b. Within five hundred (500) feet of any structure containing, at the time of Special Permit application, a church, public school, private kindergarten or school, licensed day-care facility, public library, cultural facility, museum, elderly housing, assisted living facility, nursing home, or adult day-care facility; or within five hundred (500) feet of the lot line of a park or playground existing at the time of Special Permit application;" 4. Amend subparagraph 4.3.4.3.1.c. by deleting the phrase "seven hundred fifty (750) feet of a lot line of any lot containing" and substituting therefor the phrase "five hundred (500) feet of any structure containing, at the time of Special Permit application," so that subparagraph 4.3.4.3.1.c. shall read: "c. Within five hundred (500) feet of any structure containing, at the time of Special Permit application, an establishment licensed under the provisions of Section 12 of Chapter 138 of the General Laws;" 5. Amend subparagraph 4.3.4.3.1.d. by adding the phrase "structure containing any" between the word "any" and the word "other", so that subparagraph 4.3.4.3.1.d. shall read: "d. Within five hundred (500) feet of any structure containing any other Adult Use." 6. Delete subparagraph 4.3.4.3.2.b. and renumber the remaining subsequent subparagraphs in Paragraph 4.3.4.3.2. 3 7. Amend renumbered subparagraph 4.3.4.3.2.b. (former subparagraph 4.3.4.3.2.c.) by deleting the second sentence thereof, so that subparagraph 4.3.4.3.2.b.*shall read: "b. Parking and Loading: On-site parking and loading shall be provided in accordance with the requirements set forth in Section 6.1. of these By-Laws as pertains to retail stores, offices and consumer service establishments." Community Planning and Development Commission ARTICLE 5 ' To see if the Town will vote to accept a gift of the the parcel of property currently known as and numbered 12-14 Brande Court consisting of 3,836 square feet of land and being shown as Lot 10 on Reading Board of Assessors' Rev. Jan. 1, 1972 Map 63 currently believed to be owned by John Lamond, Trustee of Merrimac Valley Holding Trust, for municipal public parking purposes, subject to the conditions of the gift that the Town remove the existing dwelling from the property and grade it so as to allow public parking by the end of 1998 and to provide a finished, paved municipal parking lot on the property for public use by the end of 1999; and to see what sum the Town will raise by borrowing, or from the tax levy or transfer from available funds, or otherwise, and appropriate to pay for removing the dwelling from the property and constructing a public parking lot; and to authorize the Board of Selectmen to enter into agreements with private parties or state and federal agencies for financial and other assistance in connection with such gift, and to do all other acts and things necessary and proper for carrying out the purpose of this vote, or take any other action with respect thereto. Board of Selectmen 4 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 September 14, 1998, 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 thisWarrant 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 August, 1998. W. B ce MacDonald, Chairman ally M. H it, Vice Chairman i( hew J N stor, Secretary Camille W. Anthony Z. ' •cf'L"7".1 George V. Hines SELECTMEN OF READING Daniel W. Halloran, Constable A true copy. Attest: heryl A. Johns n, Town Clerk 5 SPECIAL TOWN MEETING Reading Memorial High School September 14, 1998 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 Jane Fadden of the First Congregational Church followed by the Pledge of Allegiance to the Flag. Richard W. Schubert, Precinct 7, requested "Point of Personal Privilege." Former Town Planner Jonathan Edwards was presented with a proclamation from the House of Representatives by Representative Paul Casey, honoring and thanking him for his 11 years as Town Planner. The Warrant was partially read by the Town Clerk, Cheryl A. Johnson, when on motion by W. Bruce MacDonald, 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 1- On motion by W. Bruce MacDonald, Chairman of the Board of Selectmen, it was moved that the subject matter of Article 1 be tabled. ARTICLE 2 - On motion by W. Bruce MacDonald, Chairman of the Board of Selectmen, it was voted to affirm its vote for Line Item J2 - Northeast Metropolitan Regional Vocational School District in the amount of $196,562 of the FY 1999 Town of Reading Budget as adopted on April 30, 1998. ARTICLE 2 - On motion by W. Bruce MacDonald, Chairman of the Board of Selectmen, it was moved that the subject matter of Article 2 be tabled. ARTICLE 3 - On motion by Camille W. Anthony, Precinct 5, it was voted to amend the "Town of Reading Massachusetts Ten Year Capital Improvements Program Fiscal Years 1999 through 2008" adopted April 16, 1998, by adopting the amended Capital Improvements Plan dated August 27, 1998, as provided for in Section 7-7 of the Reading Home Rule Charter. ARTICLE 4 - On motion by Richard W. Schubert, Precinct 7, it was voted (and to dispense with further reading of the article) to amend the Reading Zoning By-Laws by amending Section 4.3.4. Adult Uses as follows: 1. Amend Paragraph 4.3.4.3. by deleting the word "may" and substituting therefor the word "shall"; and by deleting the phrase with such conditions as it deems appropriate for the protection of public health, safety, and welfare," in the second sentence thereof, so that Paragraph 4.3.4.3. shall read: "No Adult Use shall be allowed except by a Special Permit granted by the Board of Appeals. The Board of Appeals shall grant a Special Permit for an Adult Use in any district permitting such use only if the use is found by the Board of Appeals to comply with the following standards and procedures:" 2. Amend subparagraph 4.3.4.3. La. by deleting the phrase "seven hundred fifty (750) feet" and substituting therefor the phrase "one hundred (100) feet", so that subparagraph 4.3.4.3.1.a, shall read: "a. Within one hundred (100) feet of a boundary line of a residential zoning district;" 3. Amend subparagraph 4.3.4.3.1.b. by deleting the phrase "seven hundred fifty (750) feet of a lot line of any lot containing" and substituting therefor the phrase "five hundred (500) feet of any structure containing, at the time of Special Permit application,"; by deleting the phrase "park, playground"; and by adding at the end of the subparagraph the phrase "or within five hundred (500) feet of the lot line of a park or playground existing at the time of Special Permit application;" so that subparagraph 4.3.4.3. l.b. shall read: "b. Within five hundred (500) feet of any structure containing, at the time of Special Permit application, a church, public school, private kindergarten or school, licensed day-care facility, public library, cultural facility, museum, elderly housing, assisted living facility, nursing home, or adult day-care facility; or within five hundred (500) feet of the lot line of a park or playground existing at the time of Special Permit application;" 4. Amend subparagraph 4.3.4.3.1.c. by deleting the phrase "seven hundred fifty (750) feet of a lot line of any lot containing" and substituting therefor the phrase "five hundred (500) feet of any structure containing, at the time of Special Permit application," so that subparagraph 4.3.4.3.1.c. shall read: "c. Within five hundred (500) feet of any structure containing, at the time of Special Permit application, an establishment licensed under the provisions of Section 12 of Chapter 138 of the General Laws;" Amend subparagraph 4.3.4.3.1.d. by adding the phrase "structure containing any" between the word "any" and the word "other", so that subparagraph 4.3.4.3.1.d. shall read: "d. Within five hundred (500) feet of any structure containing any other Adult Use." 6. Delete subparagraph 4.3.4.3.2.b. and renumber the remaining subsequent subparagraphs in Paragraph 4.3.4.3.2. 7. Amend renumbered subparagraph 4.3.4.3.2.b. (former subparagraph 4.3.4.3.2.c.) by deleting the second sentence thereof, so that subparagraph 4.3.4.3.2.b. shall read: Special Town Meeting -September 14, 1998 "b. Parking and Loading: On-site parking and loading shall be provided in accordance with the requirements set forth in Section 6.1. of these By-Laws as pertains to retail stores, offices and consumer service establishments." 2/3 vote required 136 voted in the affirmative - 0 - voted in the negative ARTICLE 5 - On motion by Camille W. Anthony, Precinct 5, it was voted to accept a gift of the parcel of property currently known as and numbered 12-14 Brande Court consisting of 3,836 square feet of land and being shown as Lot 10 on Reading Board of Assessors' Rev. Jan. 1, 1972 Map 63 currently believed to be owned by John Lamond, Trustee of Merrimac Valley Holding Trust, for municipal public parking purposes, subject to the conditions of the gift that the Town remove the existing dwelling from the property and grade it so as to allow public parking by the end of 1998 and to provide a finished, paved municipal parking lot on the property for public use by the end of 1999; and that the Town appropriate the sum of $48,000 from State Aid, property taxes, and other non-property tax local receipts to pay for removing the dwelling from the property and constructing a public parking lot; and to authorize the Board of Selectmen to enter into agreements with private parties or state and federal agencies for financial and other assistance in connection with such gift, and to do all other acts and things necessary and proper for carrying out the purpose of this vote. On motion by Daniel A. Ensminger, Precinct 7, it was voted to move the question. 2/3 vote required 103 voted in the affirmative 32 voted in the negative Question moved. Motion carried. William J. Hughes, Jr., Precinct 7, requested "Point of Personal Privilege." William Hughes in cooperation with different town groups recommended that the ball field at Washington Park be named John Pacino Memorial Ball Field. John touched many Reading families both through recreation, athletics, and academia. An October 18 (1:00 p.m.) target date with Selectmen, State Representatives, Senator, and Reading schools are invited to attend. Mrs. Marjorie Pacino will speak on behalf of the Pacino family. Town Manager Peter I. Hechenbleikner introduced the new Assistant Town Manager Russell Dean. On motion by W. Bruce MacDonald, Chairman of the Board of Selectmen, it was voted that the Special Town Meeting stand adjourned sine die at 9:12 p.m. 147 Town Meeting Members were present. A true copy. Attest: heryl Johnson Town erk Special Town Meeting - September 14, 1998