HomeMy WebLinkAbout1996-09-09 Special Town Meeting WarrantSPECIAL 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 9, 1996, 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 FY 1997 - FY 2006 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 authorize the payment during Fiscal Year
1997 of bills remaining unpaid for previous fiscal years for goods and services actually
rendered to the Town, or take any other action with respect thereto. -
Board of Selectmen
ARTICLE 5 To see if the Town will vote to amend one or more of the votes taken
under Article 17 of the Warrant of the Annual Town Meeting of April 8, 1996, relating to the
Fiscal Year 1997 Municipal Budget, and to see what sum the Town will raise by borrowing or
transfer from available funds, or otherwise and appropriate as the result of any such amended
votes for the operation of the Town and its government, or take any other action with respect
thereto.
I Board of Selectmen
ARTICLE 6 To see if the Town will vote to amend the Reading Zoning By-Laws by
adding the following Section 4.3.4., or take any other action with respect thereto:
"4.3.4. Adult Uses
4.3.4.1. Purpose and Intent:
It is the purpose and intent of this Section 4.3.4. to address and mitigate the secondary
effects of the Adult Uses and sexually oriented businesses referenced herein, since
such secondary effects have been found by the Community Planning and Development
Commission, as a result of the studies relied upon by the Community Planning and
Development Commission and after other public input, to include increased crime,
adverse impacts on public health, adverse impacts on the business climate of the
Town, adverse impacts on the property values of residential and commercial properties,
and adverse impacts on the quality of life in the Town, all of which secondary impacts
are adverse to the health, safety, and general welfare of the Town of Reading and its
inhabitants. The provisions of this Section have neither the purpose nor intent of
imposing a limitation or restriction on the content of any communicative matter or
materials, including sexually oriented matter or materials. Similarly, it is not the purpose
or intent of this Section to restrict or deny access by adults to Adult Uses and to
sexually oriented matter or materials protected by the Constitutions of the United States
of America and of the Commonwealth of Massachusetts, nor to restrict or deny rights
that distributors or exhibitors of such matter or materials may have to sell, rent,
distribute, or exhibit such matter or materials. Neither is it the purpose or intent of this
Section to legalize the sale, rental, distribution, or exhibition of obscene or other illegal
matter or materials.
c
4.3.4.2. Definitions:
4.3.4.2.1. Adult Uses:
An establishment, a building or portion thereof, or a use of land having a
substantial or significant portion of its business activity, stock in trade, or other
matter or materials for sale, rental, distribution, or exhibition, which are
distinguished or characterized by their emphasis on depicting, describing, or
relating to sexual conduct or sexual excitement as defined in Section 31 of
Chapter 272 or the General Laws, including but not limited to the following:
a. Adult Bookstore: An establishment having as a substantial or
significant portion of its stock in trade, books, magazines, and other matter
which are distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in Section 31 of
Chapter 272 of the General Laws;
b. Adult Club: An establishment having as a substantial or significant
portion of its activities or entertainment a person or persons performing in a
state of nudity or distinguished by an emphasis on matter depicting, describing
or relating to sexual conduct or sexual excitement, as defined in Section 31 of
Chapter 272 of the General Laws; _
C. Adult Entertainment Establishment: An establishment offering
activities or goods or providing services where employees, entertainers or
patrons are engaging in nudity, sexual conduct or sexual excitement as defined
in Section 31 of Chapter 272 of the General Laws;
d. Adult Motion Picture Theater: An establishment used for presenting
material distinguished by an emphasis on matter depicting, describing, or
relating to sexual conduct or sexual excitement as defined in Section 31 of
Chapter 272 of the General Laws;
e. Adult Paraphernalia Store: An establishment having as a substantial
or significant portion of its stock devices, objects, tools or toys which are
distinguished or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of
the General Laws;
f. Adult Video Store: An establishment having as a substantial or
significant portion of its stock in trade videos, movies or other film materials
which are distinguished or characterized by their emphasis depicting,
describing, or relating to sexual conduct or sexual excitement, as defined in
Section 31 of Chapter 272 of the General Laws.
4.3.4.2.2. Substantial or Significant Portion:
The term "substantial or significant portion" as used herein shall mean any of
the following:
a. Twenty percent (20%) or more of the business inventory or stock of
merchandise for sale, rental, distribution, or exhibition during any period
of time; or
b. Twenty percent (20%) or more of the annual number of gross sales,
rentals, or other business transactions; or
c. Twenty percent (20%) or more of the annual gross business revenue; or
d. Twenty percent (20%) or more of the hours during which the
establishment is open.
4.3.4.3. Special Permit:
No Adult Use shall be allowed except by a Special Permit granted by the Board of
Appeals. The Board of Appeals may grant a Special Permit for an Adult Use, with such
conditions as it deems appropriate for the protection of public health, safety, and
welfare, 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:
f~
4.3.4.3.1. Location: An Adult Use may not be located:
a. Within seven hundred fifty (750) feet of a boundary line of a residential
zoning district;
b. Within seven hundred fifty (750) feet of a lot line of any lot containing a
church, public school, private kindergarten or school, licensed day-care
facility, park, playground, public library, cultural facility, museum, elderly
housing, assisted living facility, nursing home, or adult day-care facility;
C. Within seven hundred fifty (750) feet of a lot line of any lot containing an
establishment licensed under the provisions of Section 12 of Chapter
138 of the General Laws.
d. Within five hundred (500) feet of any other Adult Use.
4.3.4.3.2. Site Development Standards:
a. Site Plan Review: No Special Permit for any Adult Use shall be issued
without Site Plan Approval first having been obtained from the Community
Planning and Development Commission under Section 4.3.3. hereof.
b. Dimensional Requirements: Any building or structure containing an
Adult Use shall meet the setback requirements and other dimensional controls
of the appropriate district as specified in these By-Laws. For any property
proposed to contain an Adult Use, the applicant for a Special Permit for such
use shall demonstrate that the entire property shall comply with these
requirements and controls following the establishment of such use thereon.
C. 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. For any
property proposed to contain an Adult Use, the applicant for a Special Permit for
such use shall demonstrate that the entire property shall comply with these
requirements and controls following the establishment of such use thereon.
d. Landscaping: At a minimum, the property on which an Adult Use is
proposed to be located shall contain a landscaped buffer strip along its entire
perimeter, except that portion directly abutting a public street, in accordance
with the requirements of Paragraph 5.3.1.3.a. hereof.
e. Signs: All signs for any Adult Use must meet the requirements of
Section 6.2. hereof. In addition, no advertisement, display or other promotional
material which contains sexually explicit graphics or sexually explicit text shall
be visible to the public from any public way including. but not limited to
sidewalks, pedestrian walkways, highways or railways. "
4.3.4.3.3. Other Special Permit Requirements:
4.3.4.3.3.1. If the Adult Use allows for the showing of films or videos within
the premises, the booths in which the films or videos are viewed shall
not be closed off by curtains, doors or screens. All booths must be
able to be clearly seen from the center of the establishment.
4.3.4.3.3.2. The application for a Special Permit for an Adult Use must
include the following information:
a. Name and address of the legal owner of the proposed Adult Use
establishment;
b. Name and address of all persons having a lawful, equity or security
interest in the Adult Use establishment;
C. A sworn statement must be provided stating that neither the applicant
nor any person having a lawful, equity or security interest in the Adult
Use establishment has been convicted of violating the provisions of
Section 63 of Chapter 119 of the General Laws or Section 28 of Chapter
272 of the General Laws;
d. Name and address of the manager of the Adult Use establishment;
e. Proposed provisions for security within and without the Adult Use
establishment;
f. The number of employees; and
g. The present and proposed physical layout of the interior of the Adult Use
establishment.
4.3.4.3.3.3. No Special Permit for an Adult Use shall be issued to any person
convicted of violating Section 63 of Chapter 119 of the General taws or Section
28 of Chapter 272 of the General Laws.
4.3.4.3.3.4. An Adult Use Special Permit shall only be issued following a
public hearing held within sixty-five (65) days after the filing of an application
with the Board of Appeals.
4.3.4.3.3.5. Any Adult Use Special Permit issued under this By-Law shall
lapse within one (1) year if substantial use thereof has not sooner commenced
except for good cause or, in the case of a permit for construction, if construction
has not begun by such date except for good cause; excepting only any time
required to pursue or await the determination of an appeal from the grant
thereof.
4.3.4.3.3.6. Any Adult Use Special Permit issued under this By-Law shall
require that the owner of such Adult Use shall supply on a continuing basis to
the Building Inspector any change in the name of the record owner or address
or any change in the name of the current manager; and that failure to comply
with this provision shall result in the immediate revocation of such Special
Permit. If anyone so identified is or is found to be convicted of violating Section
63 of Chapter 119 of the General Laws or Section 28 of Chapter 272 of the
General Laws, such Special Permit shall immediately be null and void.
4.3.4.3.3.7. No Adult Use Special Permit issued under this By-Law shall ,
become valid or in full force and effect until and unless the owner of the
property containing such Adult Use shall supply to the Building Inspector a
notarized statement agreeing to all terms and conditions of said Adult Use
Special Permit
4.3.4.4. Non-Conformity:
4.3.4.4.1. Any Adult Use in existence prior to the adoption of this Section
4.3.4. shall apply for a Special Permit as specified in this Section 4.3.4. within
ninety (90) days following the adoption of this Section 4.3.4. and shall be
required to comply in all respects with all requirements.
4.3.4.4.2. Any Adult Use in existence prior to the adoption of this Section
4.3.4. which has applied for such Special Permit but which has not been
granted such Special Permit may be permitted by a unanimous vote of the
Board of Appeals following a public hearing to continue in operation at its
present location for a period of time not exceeding six (6) months following the
date of the application for such Special Permit provided that a written request
therefor is made to the Board of Appeals. The Board of Appeals, upon written
application made prior to the expiration of any such period of time and following
a public hearing may grant one additional extension period of time not to exceed
six (6) months. The Adult Use owner must demonstrate undue financial
hardship if forced to close immediately upon failure to obtain a Special Permit to
the Board of Appeals in order to obtain any such extension.
4.3.4.5. Invalidity:
In the event that any provision of this Section 4.3.4. shall be determined invalid by a
Court of competent jurisdiction or otherwise, the remaining provisions of this Section
4.3.4. not manifestly inseparable from the invalid provision(s) shall remain in full force
and effect.
Community Planning and Development Commission
ARTICLE 7 To see if the Town will vote to amend the Reading Zoning By-Laws by
adding the following to Section 2.0. Definitions:
"2.2.1.2. Adult Uses: The uses defined in Section 4.3.4. of these By-Laws."
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 8 To see if the Town will vote to amend the Reading Zoning By-Laws by
adding to Section 4.2.2. Table of Uses the following:
a. Add between the line "Planned Unit Development" and the line "Automotive
Uses" the following wording under the following headings:
Principal Use RES RES RES BUS BUS BUS IND
S-15 A-40 A-80 A B C
S-20
S-40
"Adult Uses" no no no no no no SPA***
b. Add the following at the end of said Section 4.2.2. Table of Uses:
Adult Uses may be permitted only in the Industrial District by Special Permit
granted by the Board of Appeals according to the requirements of Section
4.3.4."
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 9 To see if the Town will vote to amend the Reading Zoning By-Laws by
adding the following as Section 6.3.2.5.;
"6.3.2.5. Non-Applicability:
This Section 6.3.2. allowing non-conforming uses to continue shall not apply to Adult
Uses as defined in Section 4.3.4. hereof, all of which uses must comply in all respects
with the provisions of Section 4.3.4."
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 10 To see if the Town will vote to amend the Reading Zoning By-Laws by
adding the following Section 4.3.1.5.:
"4.3.1.5. Any establishment having any portion of its business activity, stock in trade,
or other matter or materials for sale, rental, distribution, or exhibition, which are
distinguished or characterized by their emphasis on depicting, describing, or relating to
sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 or the
General Laws, shall:
a. Provide to the Building Inspector upon request satisfactory evidence that
said portion does not equal or exceed twenty (20) percent as defined in Section
4.3.4.2.2. hereof, and
b. Take such action to the satisfaction of the Building Inspector necessary
to provide physical separation of any such activity, stock in trade, or other
matter or materials for sale, rental, distribution, or exhibition, which are
distinguished or characterized by their emphasis on depicting, describing, or
relating to sexual conduct or sexual excitement as defined in Section 31 of
Chapter 272 or the General Laws, from the other allowable uses, activities,
stock in trade, or matter or materials of the establishment, for the purpose of
protecting minors."
or take any other action with respect thereto.
Community Planning and Development 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
September 9, 1996 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 9th day of July, 1996.
Aznes, Chairman
Camille W. Anthony Vice Chairman
Q`,ai!
W. ruce MacDonald, Secretary
YMlly H t
Daniel A. Ensminger
SELECTMEN OF READING
l
2y~---~ ~~'~--X22--,..~-------
Thomas H. Freeman, Constable
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on 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 9, 1996, 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
Thomas H. Freeman, Constable
A true copy. Attest:
Cheryl Ay'hnson, Town Clerk
SPECIAL TOWN MEETING
Reading Memorial High School September 9, 1996
The meeting was called to order by the Moderator, Paul C. Dustin, at 7:40 p.m., there being a
quorum present.
The Invocation was given by Beverly Cook, member of the First Congregational Church
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, Paul C. Dustin, indicated that he would call for Article 1 and Article 2 at the end
of the Special Town Meeting and Article 3 would be the first order of business.
ARTICLE 3 - On motion by Daniel A. Ensminger, member of the Board of Selectmen, it
was moved to Table the subject matter of Article 3.
ARTICLE 4 - On motion by Daniel A. Ensminger, member of the Board of Selectmen, it
was voted that the Town appropriate from "certified free cash" the sum of $62,065 to pay
Waste Management of Boston-North for rubbish collection services rendered in fiscal year
1996 in accordance with Chapter 44, Section 64, Massachusetts General Laws.
9/10 vote required
121 voted in the affirmative
0 voted in the negative
ARTICLE 5 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted that the Town amend the following votes taken under Article 17 of the Warrant of the
Annual Town Meeting of April 8, 1996, relating to the Fiscal Year 1997 Municipal Budget,
and that the Town appropriate the sums of the amended votes for the operation of the Town
and its government from property taxes, State aid, and non-property. tax local receipts
unless otherwise noted:
-1-
BUDGET
#
DESCRIPTION
CHANGE
in adopted
budget
NEW
BUDGET
AMOUNT
FINCOM
recommen
-dation
D2
Town Manager - Personal Services
1,569
81,974
7-0-0
E2
Health - Non-Personal Expenses
18,103
62,304
7-0-0
G1
Police - Personal Services - grant match
15,000
2,293,074
6-1-0
G1
Police - Personal Services - Temp X-ing
Guard
2,000
2,295,074
8-0-0
K1
Debt Service
$140,500
$1,934,363
7-0-0
K45
Capital - School Portable Building
-30,000
70,000
7-0-0
N2
Sewer Non-Personal Expenses
179,318
$ 2,711,913-
8-0-0
Workers Compensation Trust Fund
-147,172
7-0-0
* Increase the use of Sewer reserves by $179,318 to $632,318
ARTICLE 6 - On motion by Jonathan E. Barnes, Community Planning and Development
Commission, it was voted to amend the Reading Zoning By-Laws by adding the following Section
4.3.4.:
Daniel A. Ensminger, member of the Board of Selectmen, moved to dispense with further reading
of Article 6 after Section 4.3.4.1. Jonathan E. Barnes, Community Planning and Development
Commission, highlighted changes in the sections that did not appear in the Report on the Warrant.
"4.3.4. ADULT USES:
4.3.4.1. Purpose and Intent:
It is the purpose and intent of this Section 4.3.4. to address and mitigate the secondary
effects of the Adult Uses and sexually oriented businesses referenced herein, since such secondary
effects have been found by the Community Planning and Development Commission, as a result of
the studies relied upon by the Community Planning and Development Commission and after other
public input, to include increased crime, adverse impacts on public health, adverse impacts on the
business climate of the Town, adverse impacts on the property values of residential and
commercial properties, and adverse impacts on the quality of life in the Town, all of which
secondary impacts are adverse to the health, safety, and general welfare of the Town of Reading
and its inhabitants- The provisions of this Section have neither the purpose nor intent of imposing
a limitation or restriction on the content of any communicative matter or materials, including
sexually oriented matter or materials. Similarly, it is not the purpose or intent of this Section to
restrict or deny access by adults to Adult Uses and to sexually oriented matter or materials
protected by the Constitutions of the United States of America and of the Commonwealth of
Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or
materials may have to sell, rent, distribute; or exhibit such matter or materials. Neither is it the
purpose or intent of this Section to legalize the sale, rental, distribution, or exhibition of obscene
or other illegal matter or materials.
-2-
4.3.4.2. Definitions:
4.3.4.2.1. Adult Uses: An establishment, a building or portion thereof, or a use of
land having a substantial or significant portion of its business activity, stock in trade, or other
matter or materials for sale, rental, distribution, or exhibition, which are distinguished or
characterized by their emphasis on depicting, describing, or relating to sexual conduct or sexual
excitement as defined in Section 31 of Chapter 272 of the General Laws, including but not limited
to the following:
a. Adult Bookstore: An establishment having as a substantial or significant
portion of its stock in trade, books, magazines, and other matter which are
distinguished or characterized by their emphasis on depicting, describing or
relating to sexual conduct or sexual excitement as defined in Section 31 of
Chapter 272 of the General Laws;
b. Adult Club: An establishment having as any of its activities or entertainment
a person or persons performing in a state of nudity or distinguished by an emphasis
on matter depicting, describing or relating to sexual conduct or sexual excitement
as defined in Section 31 of Chapter 272 of the General Laws;
c. Adult Entertainment Establishment: An establishment offering activities or
goods or providing services where employees, entertainers or patrons are engaging
in.nudity, sexual conduct or sexual excitement as defined in Section 31 of Chapter
272 of the General Laws;
d. Adult Motion Picture Theater: An establishment used for presenting material
distinguished by an emphasis on matter depicting, describing, or relating to sexual
conduct or sexual excitement as defined in Section 31 of Chapter 272 of the
General Laws;
e. Adult Paraphernalia Store: An establishment having as a substantial or
significant portion of its stock devices, objects, tools or toys which are
distinguished or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of
the General Laws;
f. Adult Video Store: An establishment having as a substantial or significant
portion of its stock in trade videos, movies or other film materials which are
distinguished or characterized by their emphasis on depicting, describing, or
relating to sexual conduct or sexual excitement as defined in Section 31 of
Chapter 272 of the General Laws.
4.3.4.2.2. Substantial or Significant Portion: The term "substantial or
significant portion" as used in this Section 4.14. shall mean any of the following:
a. Twenty percent (20%) or more of the business inventory or stock of
merchandise for sale, rental, distribution, or exhibition during any period of
time;
-3-
b. Twenty percent (20%) or more of the annual number of gross sales, rentals
or other business transactions; or
c. Twenty percent (20%) or more of the annual gross business revenue.
4.3.4.3. Special Permit:
No Adult Use shall be allowed except by a Special Permit granted by the Board of
Appeals. The Board of Appeals may grant a Special Permit for an Adult Use, with such
conditions as it deems appropriate for the protection of public health, safety, and welfare, 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:
4.3.4.3.1. Location: An Adult Use may not be located:
a. Within seven hundred fifty (750) feet of a boundary line of a residential
zoning district;
b. Within seven hundred fifty (750) feet of a lot line of any lot containing
a church, public school, private kindergarten or school, licensed day=care
facility, park, playground, public library, cultural facility, museum, elderly
housing, assisted living facility, nursing home, or adult day-care facility;
c. Within seven hundred fifty (750) feet of a lot line of any lot containing
an establishment licensed under the provisions of Section 12 of Chapter 138
of the General Laws;
d. Within five hundred (500) feet of any other Adult Use.
4.3.4.3.2. Site Development Standards:
a. Site Plan Review: No Special Permit for any Adult Use shall be issued
without Site Plan Approval first having been obtained from the Community
Planning and Development Commission under Section 4.3.3. hereof.
b. Dimensional Requirements: Any building or structure containing an Adult
Use shall meet the setback requirements and other dimensional controls of the
appropriate district as specified in these By-Laws. For any property proposed
to contain an Adult Use, the applicant for a Special Permit for such use shall
demonstrate that the entire property shall comply with these requirements and
controls following the establishment of such use thereon.
c. 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. For any
property proposed to contain an Adult Use, the applicant for a Special Permit
for such use shall demonstrate that the entire property shall comply with these
requirements and controls following the establishment of such use thereon.
-4-
d. Landscaping: At a minimum, the property on which an Adult Use is
proposed to be located shall contain a landscaped buffer strip along its entire
perimeter, except that portion directly abutting a public street in accordance
with the requirements of Paragraph 5.3.1.3.a. hereof
e. Signs: All signs for any Adult Use must meet the requirements of Section
6.2. hereof. In addition, no advertisement, display or other promotional material
which contains sexually explicit graphics or sexually explicit text shall be visible
to the public from any public way including but not limited to sidewalks, pedestrian
walkways, highways or railways.
4.3.4.3.3. Other Special Permit Requirements:
4.3.4.3.3.1. If the Adult Use allows for the showing of films or videos
within the premises, the booths in which the films or videos are viewed shall not be closed off by
curtains, doors or screens. All booths must be able to be clearly seen from the center of the
establishment.
4.3.4.3.3.2. The application for a Special Permit for an Adult Use must
include the following information:
a. Name and address of the owner of record of the property;
b_ Name and address of the legal owner of the proposed Adult Use establishment;
c. Name and address of all persons having a lawful, equity or security interest in
the Adult Use establishment;
d. A sworn statement must be provided stating that neither the applicant, nor the
manager, nor any person having a lawful, equity or security interest in the Adult
Use establishment has been convicted of violating the provisions of Section 63 of
Chapter 119 of the General Laws or Section 28 of Chapter 272 of the General
Laws;
e. Name and address of the manager of the Adult Use establishment,
f. Proposed provisions for securing the safety of the public within and without the
Adult Use establishment;
g. The number of employees; and
h. The present and proposed physical layout of the interior of the Adult Use
establishment.
4.3.4.3.3.3. No Special Permit for an Adult Use shall be issued to any
person convicted of violating Section 63 of Chapter 119 of the General Laws or Section 28 of
Chapter 272 of the General Laws.
4.3.4.3.3.4. An Adult Use Special Permit shall only be issued following
a public hearing held within sixty-five (65) days after the filing of an application with the Board
of Appeals, a copy of which shall forthwith be given to the Town Clerk by the applicant.
-5-
4.3.4.3.3.5. Any Adult Use Special Permit issued under this By-law
shall lapse within one (1) year if substantial use thereof has not sooner commenced except for
good cause or, in the case of a permit for construction, if construction has not begun by such date
except for good cause; excepting only any time required to pursue or await the determination of
an appeal from the grant thereof.
4.3.43.3.6. Any Adult Use Special Permit issued under this By-Law
shall require that the owner of such adult use shall supply on a continuing basis to the Building
Inspector any change in the name of the record owner or address or any change in the name of
the current manager; and that failure to comply with this provision shall result in the immediate
revocation of such Special Permit. If anyone so identified is or is found to be convicted of
violating Section 63 of Chapter 119 of the General Laws or Section 28 of Chapter 272 of the
General Laws, such Special Permit shall immediately be null and void.
4.3.4.3.3.7. No Adult Use Special Permit issued under this By-Law shall
become valid or in full force and effect until and unless the owner of the property containing such
Adult Use shall supply to the Building Inspector a notarized statement agreeing to all terms and
conditions of said Adult Use Special Permit.
43.4.4. Non-Conformity:
4.3.4.4.1. Any Adult Use inexistence prior to the adoption of this Section 4.3.4.
shall apply for a Special Permit as specified in this Section 4.3.4. within ninety (90) days following
the adoption of this Section 4.3.4., and shall be required to comply in all respects with all
requirements of this Section 4.3.4.
4.3.4.4.2. Any Adult Use in existence prior to the adoption of this Section 4.3.4.
which has applied for such Special Permit but which has not been granted such Special Permit
may be permitted by a unanimous vote of the Board of Appeals following a public hearing to
continue in operation at its present location for a period of time not exceeding six (6) months
following the date of the application for such Special Permit provided that a written request
therefor is made to the Board of Appeals. The Board of Appeals, upon written application made
prior to the expiration of any such period of time and following a public hearing may grant one
additional extension period of time not to exceed six (6) months. The Adult Use owner must
demonstrate undue financial hardship if forced to close immediately upon failure to obtain a
Special Permit to the Board of Appeals in order to obtain any such extension.
4.3.4.4.3. The provisions of this Section 4.3.4.4, shall only apply to Adult
Uses as defined in this Section 4.3.4. which are also defined in Section 9A of Chapter 40A of the
General Laws.
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4.3.4.5. Invalidity:
In the event that any provision of this Section 4.3.4. shall be determined invalid by a L_
Court of competent jurisdiction or otherwise, the remaining provisions of this Section 4.3.4.
not manifestly inseparable from the invalid provision(s) shall remain in full force and effect."
2/3 vote required
131 voted in the affirmative
3 voted in the negative
ARTICLE 7 - On motion by Jonathan E. Barnes, Community Planning and Development
Commission, it voted to amend the Reading Zoning By-Laws by adding the following to
Section 2.0. Definitions:
"2.2.1.2. ADULT USES: The uses defined in Section 4.3.4. of these By-Laws."
2/3 vote required
128 voted in the affirmative
0 voted in the negative
ARTICLE 8 - On motion by Jonathan E. Barnes, Community Planning and Development
Commission, it voted to amend the Reading Zoning By-Laws by adding to Section 4.2.2. Table
of Uses the following:
A. Add between the line "Planned Unit Development" and the line "Automotive Uses" the
following wording under the following headings:
PRINCIPAL USE RES RES RES BUS BUS BUS IND
5-15 A-40 A-80 A B C
S-20
S-40
"Adult Uses" no no no- no no no SPA***
B. Add the following at the end of said Section 4.2.2. Table of Uses:
Adult Uses may be permitted only in the Industrial District by Special Permit granted by the
Board of Appeals according to the requirements of Section 4.3.4."
2/3 vote required
128 voted in the affirmative
0 voted in the negative
ARTICLE 9 - On motion by Jonathan E. Barnes, Community Planning and Development
Commission, it voted to amend the Reading Zoning By-Laws by adding the following as Section
6.3.2.5.:
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"6.3.2.5. Non-Applicability:
This Section 6.3.2. allowing non-conforming uses to continue shall not apply to Adult Uses as
defined in Section 4.3.4. hereof which are also listed in Section 6 of Chapter 40A and defined in
Section 9A of Chapter 40A of the General Laws, all of which uses must comply in all respects
with the provisions of Section 4.3.4."
2/3 vote required
128 voted in the affirmative
0 voted in the negative
ARTICLE 10 - On motion by Jonathan E. Barnes, Community Planning and Development
Commission, it voted that Article 10 be laid on the Table.
ARTICLE 2 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was voted
that Article 2 be laid on the Table.
ARTICLE 1 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted that Article 1 be laid on the Table.
On motion by George V. Hines, Chairman of the Board of Selectman, it was voted that the
Special Town Meeting stand adjourned sine die at 9:27 p.m.
142 Town Meeting Members were present.
A true copy. Attest: /C heryl Y .Johnson
Town. lerk
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