Loading...
HomeMy WebLinkAbout2005-11-14 Subsequent Town Meeting Warrant ReportTown of Reading Massachusetts Report on the Warrant Subsequent Town Meeting November 14, 2005 TABLE OF CONTENTS SUBSEQUENT TOWN MEETING NOVEMBER 14, 2005 Article Title Sponsor Page # 1 Reports Board of Selectmen 3 2 Instructions Board of Selectmen 3,4 3 Amend Capital Improvements Program Board of Selectmen 4 FY 2006 - FY 2015 4 Approve Payment of Prior Year's Bills Board of Selectmen 4 5 Amend the FY 2006 Budget Finance Committee 4,5 6 Authorize a Rubbish Contract for Board of Selectmen 5,6 Greater than 3 Years 7 Establish Storm Water Management Board of Selectmen 6-8 Enterprise Fund 8 Rescind Debt Authorizations Board of Selectmen 8,9 9 Debt Authorization for RMHS School Committee 9,10 10 Authorize Debt - Water Main Projects Board of Selectmen 10-12 11 Transfer Balance of Summer Avenue Board of Selectmen 12 Water Main Project 12 Appropriation of Contributions from Board of Selectmen 13 Developers for Various Projects 13 Sale of Land - Oakland Road Board of Selectmen 13,14 14 Land Swap - George Street Board of Selectmen 15 15 Authorization to Purchase Land on Board of Selectmen 15,16 Kieran Road 16 General Bylaws Amendment to Section Board of Selectmen 17 2.2.1, Rules 4 and 8 17 General Bylaws Amendment to Section Rules Committee 17,18 2.2.1, Rule 19 re: Robert's Rules of Order 18 General Bylaws Amendment to Section Board of Selectmen 18 2.1.6, Notice of Town Meetings 19 Zoning By-Laws Section Amendment to Board of Selectmen 19-21 4.8.6.2 re: Permitting Underground as a Courtesy Propane Storage in Aquifer Protection District Article Title Sponsor Page # 20 Zoning By-Laws Amendment to Allow for Mixed Uses in the Business B Zoning District CPDC 21-27 21 Rezone Certain Parcels Located Within Woburn, Sanborn, Haven and Linden Streets to Commercial CPDC 27,28 22 Amend Section 4-4 of the Charter to Change to a 5 Member Zoning Board of Appeals Petition 28 APPENDIX Article 20 - Mixed Use Bylaw 30-35 Conduct of Town Meeting 36-42 LOCUS OF. WARRANT ARTICLES SUBSEQUENT TOWN MEETING NOVEMBER 14, 2005 J ~y W !sr °a r SANBORNtN O r•`-r4gn.rr~r ° r ra.r.~y4r.~yr.n....- r j 0 x Article }►••1L DIVIDENCERD r 55 w m 10 r I+i2 Article o x m 15 Article 19 - 2 R°DkYR 4 P Aquifer z D Article y Protection ~ eP 10 ~ District 2 r fi A Ar RUSTIC CANE J f D RCHICD pR w VAN NORDEN R ~s z y! v P OC6 O p p ! P DANAROAD L ,Qy L SPRUCE RD ye9 'Qp 'r A a h~4i ,QO S~y~ ~QQ. ~y °Ci0 PUtIV,ghl ROAD S 1A 9 1gFRNCCkQ ~A 1 a 910 Article G.° RIVE 1 h~RkgV F t 13 \Article STRE~ T o y`m 'PP Article Article Article o2 10 10 c~~ 10 N 05 fcN BAY STATE ROAD O O ~ A ~0s~A % F~~'c~ P O Articles 'p~~ ~PP P 6` F y 20 & 21 G~EENA ~o L :L- ~ ttia . 'P~ GO c~ CP P ear' O 0 ~PP s9l~ pP~S 2 ~PJ~~J NN 011 PR r1 J~ ~j~ 00 Q ~ P ,I ~ N° 5 r 'p° v N+s R°PD o U m z ~ S ~O A T p O 1 N r ~ 2 ♦ • t z 9~~ A p m ~ 7 O C S~ -p SOUTH STREET" 0 70 SE A Article ~NS~~~~A ► 14 Map by Town of Reading GIS 1 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on October 12, 2005 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 Austin Preparatory School, 101 Willow Street Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 8 Mobil on the Run, 1330 Main Street The date of posting being not less than fourteen (14) days prior to November 14, 2005, 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 18, 2005. Thomas H. • eeman, Constable 2 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 Monday, November 14, 2005, 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 Background: The following reports are anticipated for the Subsequent Town Meeting, and generally will be given at the beginning of the first session on November 14. State of the Schools; Master Plan; Nurse Advocacy; Cities for Climate Protection; RMLD; Health Insurance; Hospital Development Committee. To the extent possible, a copy of these reports will be attached to this Warrant Report. Finance Committee Report: No report. Bylaw Committee Report: No report. 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 Background: There are no known Instructional Motions at this time. As a general rule, Instructional reports are reserved for the last evening of Town Meeting, and the Moderator requests that any Town Meeting Member who intends to offer an Instructional Motion let him know at least one session in advance so that he can let Town Meeting Members know that in advance. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 3 To see if the Town will vote to amend the FY 2006 - FY 2015, 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 Background: An amendment will be required in order to consider under Article 9 the addition of approximately $400,000 in debt for the RMHS culvert. The Town bylaw requires that for any expenditure of capital funds to be approved by Town Meeting that item needs to appear on the Capital Improvements Program. Unless the Capital Improvements Program is amended, Town Meeting will not be able to consider any action under Article 9. Finance Committee Report: The Finance Committee recommends moving forward with the amendment to the Capital Improvements Program to increase the debt authorization for the RMHS project in an amount equal to what the cost of replacement of the culvert in the Birch Meadow field area actually costs. FINCOM's vote in favor of this Article was 7-0-0. Bylaw Committee Report: No'report. ARTICLE 4 To see if the Town will vote to authorize the payment during Fiscal Year 2006 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 Background: There are no prior year's bills to be paid and, therefore, the Article will be indefinitely postponed Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 5 To see if the Town will vote to amend one or more of the votes taken under Article 15 of the April 25, 2005 Annual Town Meeting relating to the Fiscal Year 2006 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. Finance Committee 4 Background: The following budget amendments are proposed: B25 015 Community Services Expenses $ 600 Participation In the "Cities for Climate Change Program" E1 111 Police Salaries $35,000 School Resource Officer - Y2 year B12 552 Veterans Aid $34,000 Cost of Veterans Benefits F6 303 DPW - Highway Expenses $4,000 Traffic Control Signs F8 313 DPW-Parks & Forestry Expenses $1,800 Fence- Sturges Park J3 Library Technology -$10,000 Transferring to J8 to do carpeting J8 Town Building Improvements $10,000 Libra carpeting Total General Fund $75,400 L2 400 DPW - Water Expenses $9,500 Leak Detection L2 400 DPW - Water Expenses $5,650 Steams & Wheeler L2 405 DPW - Water Expenses $25,800 Raw Water Mag Meter, Flocculator Repairs L4 400 DPW - Water Capital $41,000 Pavement Recon.- Bancroft Ave. L4 400 DPW - Water Capital $65,000 Reimbursement to the School Department for RMHS construction delays - 20" Birch Meadow water line Total Water $146,950 Further issues that will need to be addressed at the Annual Town Meeting include the following: • Energy Costs • Health Insurance Costs • SPED costs Finance Committee Report: The Finance Committee recommended the above transfers by a vote of 7-0-0. The General Government amendments will come from Free Cash, with a current balance of approximately $2.6 million. The Water Expenses will come from Water Reserves, with a current balance of over $1 million. Bylaw Committee Report: No report. ARTICLE 6 To see if the Town will vote, pursuant to Mass. General Laws Chapter 308, Section 12, to authorize the Town Manager to enter into a contract, including all extensions, renewals and options, for the collection of rubbish and recyclables for a period greater than three years but not exceeding 20 years upon such terms and conditions determined by the Town Manager, or take any other action with respect thereto. Board of Selectmen Background: The Town's current contracts for rubbish collection with Waste Management and the curbside collection of recyclable materials with Atlantic North expire at the end of FY 2006. This Article authorizes the Town Manager and Department of Public Works to solicit proposals for a contract that exceeds three years in duration. This allows the Town to explore different options for rubbish and recycling services and determine whether any cost savings may be achieved by entering into a long-term contract. Finance Committee Report: The FINCOM voted to recommend this Article by a vote of 7-0-0. This will give the Town the flexibility of bidding this item for as many years as feasible, and allow the Town to make the best decision on a contract for services for as many years as are advantageous to the Town. The Town Manager will make a presentation to the Finance Committee prior to awarding the contract. Bylaw Committee Report: No report. ARTICLE 7 To see if the Town will vote to accept the provisions of Chapter 44, Section 53FY2 of the Massachusetts General Laws establishing the Town's Storm Water Utility as an Enterprise Fund effective Fiscal Year 2007, or take any other action with respect thereto. Board of Selectmen Background: The Town of Reading is required to comply with the NPDES Phase II Storm Water General Permit established by the United States Environmental Protection Agency (EPA). This permit requires the Town to develop and implement a Storm Water Management Plan that reduces the discharge of pollutants to the storm drain system. After obtaining coverage under the Permit, the Board of Selectmen instructed the Water, Sewer and Storm Water Management Advisory Committee to evaluate and recommend a method to properly fund this program. After looking at a number of options, the Committee recommended that a Storm Water Utility be established and funded through an enterprise fund. Storm Water Utilities have been used throughout the country as a means to properly fund the operation, maintenance and improvement of storm water drainage systems. Since the early 1970's, over 500 Storm Water Utilities have been established. Throughout their history, Storm Water Utilities have been challenged in court arguing that the storm water fee is a tax. A substantial body of case law has been developed nationally that supports the collection of storm water fees. Town Counsel has reviewed the proposed Storm Water Utility and has rendered an opinion that the imposition of the storm water charge is a valid fee and not a tax. Program Costs The preliminary budget for the program breaks down as follows: Operating Budget $203,000 Capital $285,000 Expenses 53,000 Total Budget $541,000 The average cost per dwelling unit would be approximately $60 per year or $15 per quarter. This would be billed on the quarterly utility bill that currently includes water and sewer utilities In developing this budget, it was assumed that all storm water program costs would be included. The operating budget includes such items as street sweeping, catch basin cleaning, ditch maintenance, detention basin maintenance and vehicle maintenance related to these efforts. The capital plan includes drainage system mapping, illicit discharge detection, general drainage system improvements and vehicle purchases related to these efforts. Also included were costs for capital projects that have long been programmed but not funded such as the Saugus River and Aberjona River improvements. Rate Setting Methodoloav The basic premise of the rate setting methodology is that costs of the program will be based on impervious surfaces. The amount of impervious surface on a lot directly correlates to the volume of runoff the site produces. This is the most common method of assessing storm water fees throughout the country. Also a consideration is that the more a property is developed, the higher the potential for contributing pollutants to the waterways of the Town. A rate methodology has been developed utilizing GIS technology that is both equitable and easily implemented. The rates are based on the amount of impervious area on any given lot. ■ Undeveloped Property No storm water fee. Rationale: Property in its natural condition is serving its best purpose with respect to storm water management. Undeveloped property absorbs and filters storm water reducing the volume and improving the quality of storm water runoff. ® Single and Two Family Homes All single and two family homes will be charged a flat fee. Rationale: The Town of Reading did an evaluation of impervious surfaces on 424 single-family and 359 two-family residential properties. This analysis found that the average impervious surface for both the single and two family homes on each lot is 3,200 square feet. While impervious surfaces ranged from a low of 1,087 square feet to a high of 9,127 square feet, it was felt that a flat rate was appropriate for the following reasons: 1. Because of the relatively low cost of the program (approximately $60 per dwelling unit), the effort to evaluate every property in Town would not be cost effective, and the costs for keeping the data current (a new set of aerial maps every three years) would drive up the overall cost of the program. 2. Each property generally receives the same benefit. 3. The pollution potential from each lot is roughly equivalent. ■ Multi-Family Properties Multi-family properties consist of three-family and larger developments. These include all apartment buildings, condominium developments, rooming houses, etc. Multi-family properties will be charged based on the total impervious area of the lot. Rationale: Multi-family properties can vary widely in size and amount of impervious area per unit. These properties tend to be more like commercial properties than single family homes. Basing these assessments on total impervious surfaces is the most equitable way to distribute costs. In no case will the total assessment for a multi-family property exceed the assessment for a single-family house on a per unit basis. Industrial/Commercial Properties All industrial/commercial properties will be charged based on the total impervious area of the lot. Rationale: Industrial and commercial properties vary widely in size and levels of impervious surface. Basing the assessment on total impervious area is the most equitable way to distribute costs. In no case will any property be assessed for less than a single-family home. Abatements In an effort to encourage property owners to minimize the amount of runoff from their properties, which will help reduce the amount of pollutants entering the Towns waterways, some type of abatement program will be instituted. Guidelines will need to be established for abatement eligibility; however, the following are some of conditions that will be considered. 1. Residential properties that install infiltration systems or other means to reduce runoff will be eligible for an abatement of up to 50% of their total assessment. 2. Commercial/industrial/multi-family properties that install and maintain state-of-the-art storm water treatment and infiltration systems will be eligible for an abatement of up to 50% of their total assessment. It is the intent of the Board of Selectmen to offer the motion under this Article, to have the Town Engineer make a report, and then to table the Article. It is also the Board's intent to ask, through the Town's State Legislative delegation, to request assistance in addressing the legal issues that seem to surround this proposal. The Board remains committed to the concept outlined in this proposal, but needs to do its best to make sure that there are no legal challenges to the program. Finance Committee Report: The FINCOM, by a vote of 2-5-0, does not recommend the subject matter of this Article. The FINCOM is concerned that there may be a legal challenge to the issue of whether the funding of this Article would be considered a fee or a tax. Bylaw Committee Report: The Bylaw Committee, by a vote of 0-3, does not recommend the subject matter of this Article. The Bylaw Committee is opposed to this Article because if the Article is approved and implemented it would move a portion of the Town's operating budget to this new enterprise. The funding of the enterprise account would be via an additional amount on the water and sewer bills. The portion of the budget moved to this enterprise fund would be replaced by other spending. The Bylaw Committee believes the approval and implementation thereon of this article will increase costs to the property owners of the Town. ARTICLE 8 To see if the Town will vote to rescind authorized but unused debt for the sewer system as authorized by Article 12 of the May 3, 2004 Annual Town Meeting, or take any other action with respect thereto. Board of Selectmen Background: On May 3, 2004, under Article 12, Town Meeting authorized the issuance of $209,385 in debt for sewer inflow/ infiltration reduction projects to be funded through a non-interest bearing loan from the Massachusetts Water Resources Authority's Local Financial Assistance Program. Subsequently, the MWRA actually issued a $208,550 non-interest-bearing loan to the Town. This Article allows the Town to rescind the $835 difference between the authorized and actual amounts of the loan that occurred due to a typographical error in Article 12. Finance Committee Report: The FINCOM voted to recommend this Article by a vote of 7-0-0. This is a housekeeping matter so that the Town does not keep unused debt on its books. Bylaw Committee Report: No report. ARTICLE 9 To see if the Town will vote to amend the vote taken under Article 5 of the January 13, 2003 Special Town Meeting to appropriate by borrowing, or transfer from available funds, or otherwise, for the purpose of 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 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 applications for a grant or grants to be used to defray the cost of all or any part of the cost of the project; and to see if the Town will vote to authorize the School Committee to enter into all contracts and agreements as may be necessary to carry out the purposes of this Article; 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 under General Laws Chapter 59, s 21c within 90 days of the close of this Special Town Meeting, or take any other action with respect thereto. School Committee Background: As part of the construction of the RMHS project, the contractor was working in the area of the underground culvert which carries the Aberjona River underneath the softball fields in the area of Imagination Station. A portion of the culvert collapsed, and the decision was made that the entire culvert in the area needed to be replaced. The School Department has authorized the work as part of the RMHS project and, in fact, the work has been done. The School Committee wanted to make sure that the project could be funded as an addition to the debt authorization for the RMHS project, and this Article would accomplish that. As the project proceeds into year two and year three, the necessity to reimburse the contingency for the cost of the culvert work is evident. The intent is to file for reimbursement of these expenditures along with the remainder of the school project as part of the State reimbursement for the project. Depending upon what expenses related to the project that the State finds to be eligible and the total cap on reimbursement, portions of the cost of the culvert may be reimbursable by the State. School Committee Report: Mr. Dahl made an instructional motion to table Article 9 at t Town Meeting. Mrs. Gibbs seconded the motion. The vote was 0-5. Mr. Spadafora, Mr. Dahl, Mrs. Gibbs, Mrs. Webb, Mr. McFadden voting against. The motion does not carry. Mrs. Webb moved to support Article 9 as hereinafter amended as follows "To see if the Town will vote to amend the vote taken under Article 5 of the January 13, 2003 Special Town Meeting to appropriate by borrowing, or transfer from available funds, or otherwise, for the purpose of 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 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 applications for a grant or grants to be used to defray the cost of all or any part of the cost of the project; and to see if the Town will vote to authorize the School Committee to enter into all contracts and agreements as may be necessary to carry out the purposes of this Article; provided however that any borrowing authorized by this Article that is subject to the provisions of General Laws Chapter 59, s 21c and any appropriation subject to this Article that is subject to the provisions of General Laws Chapter 59, s 21c shall be contingent upon the passage of a debt exclusion referendum question under General Laws Chapter 59, s 21c within 90 days of the close of this Special Town Meeting, or take any other action with respect thereto. Mrs. Gibbs seconded the motion. The vote was 4-1. Mr. Spadafora, Mr. Dahl, Mrs. Gibbs, Mrs. Webb voting for and Mr. McFadden voting against. Finance Committee Report: The FINCOM, by a vote of 0-7-0, does not recommend further authorization of debt for this project until a later date when the exact status of the contingency fund for the project can be determined. Bylaw Committee Report: No report. ARTICLE 10 To see what sum the Town will vote to appropriate by borrowing, or transfer from available funds, or otherwise, pursuant to Chapter 44 Section 8 (5) and (6) of the Massachusetts General Laws for the purpose of constructing and reconstructing water mains, including the cost of engineering services, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and to see if the Town will authorize the Board of Selectmen, the Town Manager, or any other agency of the Town to apply for a grant or grants, to be used to defray the cost of all, or any part of, said water system improvements; and to authorize the Town Manager to enter into any and all contracts and agreements as.may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. Board of Selectmen Background: The Town completed a comprehensive evaluation of the Town's water distribution system in 2001 and developed a 20-year Capital Improvements Program based on those recommendations. The projects proposed to be funded under this Article are all included in the capital improvement plan and are necessary to improve water \ 10 distribution system hydraulics and improve overall fire flows. All debt servicing costs for these projects will be paid from the Water Enterprise Fund. This Article authorizes the Town to borrow $2.0 million to fund the following water main reconstruction and construction projects: FY 2006 High St. (Woburn St. - Lowell St.) FY 2007 Auburn St. - Bancroft Ave. FY 2008 Haverhill St. (Franklin St. - Batchelder Rd.) FY 2009 Haverhill St. (Franklin St. - Wakefield St.) FY 2010 Ivy St. Loop Main FY 2010 Causeway Rd. Loop Main The construction of these projects will take place over several years. This Article will simplify the authorization process by not requiring further Town Meeting action for supplemental appropriations if actual bid prices exceed cost estimates for individual water main projects. It will also allow the Town to apply unexpended funds or savings from one water main project toward another if required. This would avoid requiring the kind of action required below under Article 11. 1; efE ARTICLE 10- High Street Proposed aiF .W.~ateerrr Ma~i~n ! E511hjC i jPm~ lc `d. Epp,"prtF P _ C PEE`~~r ' EY +NEEi t> z ARTICLE 10-Haverti lStreef N ! from Franklin St to Batchelder St, A Proposed Water Main rR0^'K<,N gees N ARTICLE 10 - Auburn Street :a 4 ~~ob~ Op0 ~ z 0 9G~ t°~ OM m1 G f ~ 9 D ~90 2m~ aOPn ; p9o m ~ eEtNE~A'~ANE 1 ',l^gik' 2 ''0 0c^ Water m P S PO o~ p Tower o p~R Proposed 1 Water Main t T • e 1/ n `OCU51 iFZEE7 `g1REEt ARTICLE 10. Haverhill Street from Franklin St to Wakefield St N Proposed Water Main I1 ARTICLE 10-Ivy Lane to Belmont Street E i i 4`'M1 ' µEEt C WESs-Rp ....r.~r ro Water Main r Main E ¢ A ,'~Np1AE StREEY m . ca pgM14~4'M1 Y'J1 a.. yyy\\\ ~ SALEFIS„TRE ~a P C h EM1 ~ ET// ? .+('.L:,tFA4ANT ASTATE R N 1 ARTICLE 10 - Causeway Road pWfEr St 0 UHF 6ENTON pei AAu, A S EF ~ ~qFr Mq~ g va a q a xv o ~ a3 a. AURELL Proposed Water Main m ~ J t O t OJ tP C C"'67ryFh~ N F• ~ Finance Committee Report: The FINCOM voted to recommend this Article by a vote of 7-0-0. These projects are part of a comprehensive plan to improve the Town's water distribution system. They are included in the 10 year Capital Improvements Program. Bundling them as proposed will ensure that the projects can be implemented as scheduled, without having to add to or rescind minor amounts of money. This process will also allow the Town to consider bidding some of these projects as a package to get the best prices. Bylaw Committee Report: No report. ARTICLE 11 To see if the Town will vote, pursuant to Chapter 44, Section 20 of the Massachusetts General Laws, to appropriate the balance of $3,422.74 remaining on the completed Summer Avenue water main reconstruction project, authorized by vote under Article 11 of the Warrant for the Annual Town Meeting of April 22, 2002, as an addition to the sum authorized by vote under Article 13 of the Warrant for the Subsequent Town Meeting of November 10, 2003, for the purpose of constructing a replacement 20 inch diameter water main extending from Bancroft Avenue at the intersection of Hartshorn Street, northerly to approximately the intersection of Forest Street and Colburn Road, or take any other action with respect thereto. Board of Selectmen Background: A balance of $3,422.74 remains unexpended in the Summer Ave. water main project approved by Town Meeting under Article 11 at the Annual Town Meeting on April 22, 2002. The Town completed the Summer Avenue water main reconstruction project during Spring 2003. This Article allows the Town to transfer the unexpended balance to a similar water main reconstruction project, the 20-inch water main replacement in the Birch Meadow area. This amount will be used to defray a portion of pavement reconstruction work for the 20" main project. Finance Committee Report: The FINCOM voted to recommend this Article by a vote of 7-0-0. The left over moneys that were authorized for the Summer Avenue water line project are required to be spent on a "like" project, and there is a need for the additional funds on the Birch Meadow project. Bylaw Committee Report: No report. 12 ARTICLE 12 To see if the Town will vote to appropriate contributions from all or any one of the following or other developers: ♦ Walkers Brook Crossing o Johnson Farms ♦ Maplewood Village ♦ Archstone Development for purposes including but not limited to street design, road improvements, sidewalk and curb improvements, trail improvements, water and sewer improvements, or any other related improvements as approved by the Town Manager, or take any other action with respect thereto. Board of Selectmen Backaround: The developer of the Maplewood Village development on Salem Street is making a contribution to the Town of $12,000 to extend a pedestrian trail in the area through Town property. The funds will be used for materials to construct the trail. It is anticipated that these funds will be available to the Town prior to the November 14 start date of Town Meeting. Finance Committee Report: Action pending. Bylaw Committee Report: No report. ARTICLE 13 To see if the Town will vote to transfer the care, custody, and control to the Board of Selectmen any and all of the following parcels of land which are in the care, custody, and control of the School Department and/or the Board of Selectmen; and to see if the Town will vote to authorize the Board of Selectmen to sell, exchange or dispose of, upon such terms and conditions as they may determine, all or any part of the following described parcels of land on Oakland Road, and to discontinue any and all public and/or private ways as the Board of Selectmen deem necessary abutting such parcels of land: Map 123, Parcels: 16-32, 34, 48-54, 58-62, 139 Or take any other action with respect thereto. Board of Selectmen Back-ground: This property consists of approximately 130,000 square feet of land across the street from the Reading Memorial High School. The property was taken a number of years ago for tax title. The Board of Selectmen has been delegated the responsibility of disposing of tax title property by Town Meeting. However, because of the location and extent of this property, the Board is interested in Town Meeting-input as to the disposal of this land. Additionally, Lots 22, 23, 24 and 34 are in the care, custody, and control of the School Department, and the School Committee has not agreed to transfer them at this time. The land is "high and dry" and appears to have no constraints to development. There is extensive ledge on the property, but this is not unusual in New England. The 13 site is served by all utilities with an adequate capacity to serve any potential use. Under the current S15 zoning, the property could yield six or seven building lots. Proceeds from the sale would go into the "Sale of Real Estate" fund, and these funds would be available to Town Meeting to appropriate for capital expenditures, debt service, or to fund unfunded pension liability. A proposal to sell this property several years ago was not moved forward because of the unknowns of building a new or renovated Reading Memorial High School. That school project is now well under construction, and there is no need for this property related to the school project. The Board of Selectmen will be able to place conditions on the sale that would be most advantageous to the Town, and at the same time maximize the sales price. Four of the parcels in question are under the "care, custody and control" of the School Department. Under a 1937 action of Town Meeting, the Board of Selectmen has the authority to dispose of all tax title property. The Board feels that it is ideal, however, to dispose of all of these parcels, including the school controlled land, as a package. The School Committee is not yet ready to declare their four parcels as surplus. Therefore, it is the Board's intent to make the motion under this Article, to make a presentation to Town Meeting, and then to table the Article. During the coming months, the Board with the Planning Commission will develop scenarios for the sale and potential development of these parcels. It is the Board's intent to then take this matter back to the School Committee, probably after the RMHS building has been completed next Fall, and seek the necessary transfer of the 4 lots so that the land can be packaged and sold. r N ~~4 ~saR° r~.a m ARTICLE 13 c 58 :Ogg 1 e ,r3 59 t~ at `WOW + , 52 60 ~ N p q 61 50 62 G .1~ %-A "~7 49 48 gr y p ~4~a ~ ~n 3x3 t1.. 32 31 9 30 2 34 25 26 27 28 139 rO ~Y 24 23 22 ~G' 0 21 20 19 18 17 Z Finance Committee Report: No report. Bylaw Committee Report: No report. 14 r ARTICLE 14 To see if the Town will authorize the Board of Selectmen to transfer lands of the Town including portions of George Street in excess of a 40' wide right of way to an abutting property owner or owners; and to see if the Town will authorize the Board of Selectmen to accept from an abutting property owner or owners, portions of private property to establish a right of way of George Street of not less than 40', both actions under such terms and conditions as the Board of Selectmen may determine, or take any other action with respect thereto. Board of Selectmen Background: When the Greystone 40b development was approved, a "quirk" in the right of way of George Street was discovered. The purpose of this Article is to straighten out the property lines of property abutting George Street, so the portion of George Street is established as a 40" right of way, and the remainder is conveyed to two abutting property owners. We hope to have the legal description of this transfer complete for the November 14 session of Town Meeting. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 15 To see if the Town will vote to authorize the Board of Selectman to acquire by purchase, eminent domain, gift or otherwise, a parcel of land containing approximately 10.4 acres located on Kieran Road shown as Lot 2 on Board of Assessor's Map 205 currently believed to be owned by Hillcrest Realty, Inc., said land to be used for open space, water supply, and for conservation purposes in accordance with the provisions of Mass. General Laws, Chapter 40, Section 8C, to be under the care, management and control of the Town of Reading Conservation Commission and further to be dedicated in perpetuity to purposes stated in Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts including the protection of water resources and shall be fully protected by all provisions of Article 97 and shall be open to the general public for appropriate outdoor/recreational use consistent with 310 CMR 22.00; and to authorize the Board of Selectmen to enter into any and all agreements upon terms and conditions as they may determine to be necessary to carry out the acquisition of such parcel and the purposes of this Article; and to see if the Town will authorize the Board of Selectmen, Town Manager and/or the Conservation Commission to apply for a grant or grants, to be used to defray the cost of all, or any part of the purchase price for such parcel of land, or take any other action with respect thereto. Board of Selectmen Background: The purpose of Article 15 is to authorize purchase of a 10.4-acre parcel of land off Kieran Road known as "Dividence Meadows" for conservation and water supply protection in perpetuity. Dividence Meadows is Parcel 2 of Assessor's Map 205. The land is dominated by a red maple swamp and contains a stream channel that is tributary to the Ipswich River. The land is undeveloped. Dividence Meadows lies within a Zone II recharge area for the Reading public wells. It abuts the Town Forest on three sides and would add to the substantial Town 15 land holdings that protect the wells and the Ipswich River watershed. The parcel provides the potential for expansion of the existing public trail network in the Town Forest, including access for school children from the nearby Wood End Elementary School and access from abutting residential neighborhoods. The wooded swamp, stream channels, and floodplains within the parcel provide significant wildlife habitat, and the parcel has been identified by the Natural Heritage and Endangered Species Program as "unprotected core habitat" on the Massachusetts BioMap. Because of its unique characteristics, the parcel is also identified in the Reading Open Space and Recreation Plan as a "land of concern" for preservation. The Conservation Commission voted during their meeting of September 14, 2005 to support Article 15. The Commission also voted to submit an application to the MA Executive Office of Environmental Affairs for a Drinking Water Supply Protection Grant that would cover up to 49% of the cost of acquisition. The Town Forest Committee and Department of Public Works are committed to serve as active partners with the Conservation Commission to develop and maintain appropriate trails and signs. The appraised value of the property is $34,000. The motion will ask for that amount plus an amount required to effectuate the purchase, to place the necessary sign on the property, and to develop trails - $40,000 total. If successful in the grant, the Town would be reimbursed approximately $16,600 of the purchase price. N Town.Foiest 60 ARTICLE 95 /V .OX..) p; own orest a a o Map 245 Wood. End Lot 2 :School::.. AX. ti Q %.J`'4 Q.' 0 100 200 40Feet n Finance Committee Report: The FINCOM voted to recommend this Article by a vote of 7-0-0. FINCOM has also asked that staff explore whether the funds for this project could be appropriated from Water Reserves rather than come from Free Cash. Bylaw Committee Report: No report. 16 ARTICLE 16 To see if the Town will vote to amend Article 2.2.1, Rules 4 and 8 of the Town of Reading General Bylaws as follows: Rule 4. The following words shall be inserted after the word "Charter," "petitions for a special act or local acceptance by Town Meeting of a state statute" so it shall read as follows: Rule 4. Prior to a debate on each Article in a Warrant involving changes in the Bylaw or Charter, petitions for a special act or local acceptance by Town Meeting of a state statute, the Bylaw Committee shall advise the Town Meeting as to its recommendations and reasons therefore. Rule 8. Substitute the phrase "Non-Town Meeting Member" for "inhabitant" in the text and insert a new sentence after the first sentence as follows: "A proponent of an article may speak only on such article after first having identified himself to the Moderator and obtaining permission of Town Meeting to speak." As amended, Rule 8 shall read as follows: Rule 8. Any Non-Town Meeting Member may speak at a Town Meeting having first identified himself to the Moderator as an inhabitant of the Town. A proponent of an article may speak only on such article after first identifying himself to the Moderator and obtaining permission of Town Meeting to speak. No Non-Town Meeting Member shall speak on any question more than five (5) minutes without first obtaining the permission of the Meeting. Non-Town Meeting Members shall be given the privilege of speaking at Town Meetings only after all Town Meeting Members who desire to speak upon the question under consideration have first been given an opportunity to do so. Or take any other action with respect thereto. Board of Selectmen Background: These changes are required in order to make the Bylaws conform with the recently approved changes to the Reading Home Rule Charter. Under Rule 4, the scope of Articles to be reviewed by the Bylaw Committee is expanded, reflecting the longstanding practice of the Committee. Under Rule 8, it makes it clear that it is not just "inhabitants" of the community who are permitted to address Town Meeting. Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends the subject matter of this Article by a vote of 3-0-0. ARTICLE 17 To see if the Town will vote to amend Rule 19, Section 2.2.1 of the Town of Reading General Bylaws by deleting the words "Robert's Rules of Order Revised, so far as they may be adapted to Town Meeting" and replace them with the words "Town Meeting Time Third Edition" except that to lay on the table shall only require a majority vote, so that Rule 19 will read as follows: 17 "Rule 19. The duties of the Moderator and the conduct and method of proceeding at all Town Meetings, not prescribed by law or by rules set forth in this Article, shall be determined by rules of practice set forth in Town Meeting Time Third Edition except that to'lay on the table shall only require a majority vote." Or take any other action with respect thereto. Rules Committee Backaround: The Rules Committee has voted to ask Town Meeting to amend Rule 19 to provide that "Town Meeting Time Third Edition" will be the guide to Reading's Town Meeting. Town Meeting Time is tailored to provide rules for Massachusetts Town Meetings, whereas Roberts' Rules of Order is more generic and relevant to other types of businesses and organizations. The Rules Committee initially voted to put this Article on the Warrant, and charged a sub-committee to examine all the differences between the two. The charge was to keep the rules as close as possible to the status quo. The only difference is the tabling issue, noted in the Article. Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends the subject matter of this Article by a vote of 3-0-0. ARTICLE 18 To see if the Town will vote to amend Article 2, Section 2.1.6 of the Town of Reading General Bylaws by substituting the word "providing" for the word "'mailing" in the last line so it shall read as follows: { 2.1.6 The Board of Selectmen shall give notice of the Annual, Subsequent or any Special Town Meeting at least fourteen (14) days prior to the time of holding said Meeting by causing an attested copy of the Warrant calling the same to be posted in one (1) or more public places in each precinct of the Town, and either causing such attested copy to be published in a local newspaper or providing an attested copy of said Warrant to each Town Meeting Member. Or take any other action with respect thereto. Board of Selectmen Background: This change in the bylaw is required in order to bring the bylaw into conformance with current practice. Since the early 1990's the Town has asked Town Meeting members to pick up their copy of the Town Meeting warrant report at the Police Station, rather than incur the expense of mailing the report. Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 3-0 with a proposed change. The Bylaw Committee recommends adding after the word providing "in a manner such as electronic submission, holding for pickup, or mailing". 18 ARTICLE 19 To see if the Town will vote to amend Sections 4.8.6.2.4.6 and 4.8.6.2.4.14 of the Zoning By-Laws to add the bold language as noted below: 4.8.6.2 Prohibited Uses: 4.8.6.2.4.6. storage of Toxic or Hazardous Materials as defined in Section 4.8.3 and liquid petroleum products, with the exception of liquid propane products for normal household use, allowed and used in accordance with all local, state and federal laws and regulations; unless such storage is (remainder of section is the same). 4.8.6.2.4.14. Underground storage tanks containing Toxic and Hazardous Materials as defined in Section 4.8.3 related to activities in Section 4.8.6.1 except for liquid propane products for normal household use allowed and used in accordance with all local, state and federal laws and regulations. Or take any other action with respect thereto. Board of Selectmen Background: The current Zoning By-Laws relating to the Aquifer Protection District unnecessarily forbid the storage of propane for normal household use in underground tanks. As currently written, the bylaws also forbid all underground storage tanks even those containing non-toxic items such as water. The proposed changes will more specifically forbid underground storage of toxic and hazardous materials with the exception of liquid propane products. Propane Facts: s Recognized by the United States Environmental Protection Agency as a "Clean Fuel." Propane is commonly used for heating throughout the U.S. especially in regions where oil and natural gas access is low. Per Mass. D.E.P., • Underground storage of propane poses no danger of contamination for air, water or soil. (It should be regarded as equivalent to natural gas for safety and environmental purposes.) • Propane is included in Toxic and Hazardous Materials M.G.L. 21C solely because it is flammable like natural gas. Propane solutions allow homeowners in the aquifer district a clean heating alternative to the expense and delay of natural gas. o MA State Fire Marshall approves underground propane storage tanks. Local Fire Departments issue tank permits. ♦ Like natural gas, propane tank and piping specifications are regulated by the National Fuel Gas Code. ♦ Unlike above ground tanks, underground storage tanks are protected from damage from weather and temperature changes, tree limbs, cars, lawn equipment, etc. ♦ Modern installation techniques (specialized tank coating, overfill valves, sand beds and sacrificial anode bags) protect the tank exterior and provide for a minimum tank lifetime of 40 years. Propane does not corrode the inside of storage tanks. i ♦ Underground propane storage does not require digging and patching of Town roads. 19 ♦ Underground storage tanks are invisible to the neighborhood, preserving the historical and architectural character and property values. s Propane is a by-product of the oil and gas refining processes. 80% of the propane available in the U.S. is produced by Americans. The storage of propane for normal household use in underground storage tanks does not conflict with or violate the intent of the Aquifer Protection District. This proposal has been reviewed by the Conservation Administrator, the Fire Chief, and the DPW, and none of these Departments has a problem with the proposed changes. In fact, the Fire Chief is of the opinion that having the tanks buried reduces the threat of problems to the tanks from snow plowing, falling tree limbs, etc. In the event of a tank failure, propane volatizes into the air, and does not present a threat of groundwater contamination. This Article applies to the Aquifer Protection District on the Zoning Map, which is shown on the following map: N . ARTICLE 99 6, 4, t4 ,4e• ,9 ~s~bv0sq„s•~s®gplf4nb®.ab,,s b ` A~A~ awe 0,_' S40 1N?N DEN RD S°20. # 0 PR~S~oRa A Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 3-0-0. CPDC Report: The Town Manager requested that the CPDC recommend to Town Meeting a zoning amendment to the Aquifer Protection District bylaw, in response to a resident petition to the Selectmen to allow for underground storage of propane as 20 prohibited. After input from the Fire Chief and Conservation Administrator, research on applicable local and federal laws and review by Town Counsel, the final language was recommended by the CPDC to Town Meeting. The CPDC held a public hearing on September 26, 2005, duly advertised and noticed, and the subject matter of this Article was recommended by a vote of 4-0-0. ARTICLE 20 To see if the Town will vote to add a mixed use overlay district to the Zoning By-Laws and Zoning Map. Definitions: The addition of the following definition: 2.2.21.2. Mixed Use: The combining of retail/commercial and/or service uses with residential or office use in the same building or on the same site. 4.2.2. Table of Uses: Under PRINCIPAL USES - Other Uses, the inclusion of the Mixed Use District as follows: RES RES RES BUS BUS BUS IND S-15 A-40 A-80 A B C S-20 S-40 Mixed Use No No No No SPP No No 4.6 Mixed Use Overlay District 4.6.1 Purpose Mixed Use allows by Special Permit from the CPDC an alternative pattern of land development to the pattern normally permitted in the underlying District. It is intended to create mixed commercial, residential and open space areas consistent with the character and identity of the Town and in conformance with the objectives of the 2005 Master Plan. 4.6.2 Authority The CPDC shall be the Special Permit Granting Authority for Mixed Use developments. The CPDC may vary the dimensional and parking requirements of Section 4.6 if it determines such change will result in an improved design of the development. This authority continues subsequent to occupancy. 4.6.3 Permitted Uses Only the following types of uses shall be permitted in Mixed Use developments. These uses may be commingled into a single structure or structures or may be located in separate structures on the site. 21 Residential Multifamily Dwellings Apartments Condominiums Retail Retail Store Restaurant Municipal Uses Utilities Post Office Commercial /Office Business and Professional Office Research Facility Personal Service Shop (Example, Private Recreation Garages Travel Agency, Lawyer, Beauty Salon, Bank) No less than 20% of the total number of residential units shall be affordable to households at or below 80% of the median household income for the Boston Metropolitan Area as determined by the most recent calculation of the United States Department of Housing and Urban Development. If 20% of the total residential units are affordable, the FAR shall be no greater than 0.8; at 25% affordable, the FAR shall be no greater than 1.0. The following Table shall be used as the basis to determine the affordable unit requirement: Up to 0.8 FAR Total Units and/or Contribution 1. $48,000 or 1 unit 2. $96,000 or 1 unit 3. $144,000 or 1 unit 4. $192,000 or 1 unit 5. 1 unit 6. 1 unit plus $48,000 or 2 units 7. 1 unit plus $96,000 or 2 units Greater than 0.8 FAR but less than 1.0 FAR Total Units and/or Contribution 1. $60,000 2. $120,000 3. $180,000 4. 1 unit 5. 1 unit plus $60,000, or 2 units 6. 1 unit plus $120,000, or 2 units 7. 1 unit plus $180,000, or 2 units 22 Contributions would go to the Affordable Housing Trust Fund. The affordable units must be subject to Use Restrictions to ensure that the units remain available in perpetuity, exclusively to persons with qualifying incomes. The units must be sold or rented on a fair and open basis and the Applicant shall provide for CPDC approval an affirmative fair marketing plan for the affordable units. The minimum square footage of living area for any of the residential units within the Mixed Use Overlay District shall be no less that 550 square feet and the maximum area shall not exceed 1000 square feet. The average size shall be 750 square feet (plus or minus 25 square feet). Residential Units shall be developed under the Local Initiative Program of the Massachusetts Department of Housing and Community Development or another subsidy program that allows the housing to count towards the affordable housing requirements of Chapter 40B of the Massachusetts General Law. 4.6.4 Parking Facility Section 4.6.10 of this by-law applies with respect to the CPDC's consideration of the grant of a Special Permit for the Mixed Use Overlay development. 4.6.5 Dimensional Requirements The dimensional requirements below shall apply. 4.6.5.1 Minimum Contiguous Area of the Mixed Use Development Minimum contiguous lot area of the Mixed-Use development shall be 10,000 square feet. The site of any new principal structure shall conform to Section 5.2.1 of the Zoning By-Laws. 4.6.5.2 Minimum Lot Frontage Minimum lot frontage shall be 40 feet. 4.6.5.3 Maximum Front Yard The maximum front yard shall be 20 feet, and there is no minimum front yard. 4.6.5.4 Minimum Rear Yard Minimum rear yard shall be 15 feet and there is no minimum side yard. There shall also be at least 15 feet separation between any 2 structures in the development on the same lot and the areas behind and between all structures shall be clear and accessible to the Town's fire suppression vehicles. 4.6.5.5 Maximum Height Maximum height shall be 42 feet. 4.6.5.6 Maximum Lot Coverage Maximum lot coverage shall be 40% percent. 4.6.5.7 Minimum Landscaping Minimum landscaping shall be 25%, and shall meet the requirements of Section 6.2.12 of these by-laws. 4.6.5.8 Maximum Floor Area Maximum floor area ratio shall be 0.8, except as otherwise provided in Section 4.6.3. 23 4.6.6 Mixed Use Developments The mixture of uses shall not be constrained in any way; however, residential units are prohibited from the front of the 1St floor and parking garages are prohibited from the front of the lot. In all Mixed Use developments adequate off-street parking shall be provided. The CPDC and the Applicant shall have as a goal for the purposes of defining adequate off- street parking making the most efficient use of the parking facilities to be provided and minimizing the area of land to be paved for this purpose. In implementing this goal, the CPDC may consider complementary or shared use of parking areas by activities having different peak demand times, and the Applicant may be required to locate adjacent uses in such a manner as will facilitate the complementary use of such parking areas. Implementation of such complementary use of parking areas may result in the CPDC reducing and/or waiving parking requirements. 4.6.6.1 Parking Locations Parking may be provided at ground level, underground or in a parking garage. Parking garages can be free standing or as part of buildings dedicated to other permitted uses. Parking spaces must be assigned to specific uses (including shared uses) at the time of the submission of the Final Plan. 4.6.6.2 Parking at Buildings Parking shall be primarily located at the rear or at the side of buildings. 4.6.6.3 Curb Cuts One curb cut providing access to the development from any public way may be required. Additional curb cuts may be required as deemed necessary by the permitting authority. A development having frontage on 2 or more streets may be permitted additional curb cuts if deemed necessary by the CPDC. Whenever possible, there shall be shared curb cuts with adjacent developments. 4.6.6.4 Parking Requirements are: Residential 550-700 sq. ft. = 1 space per unit 701-1000 sq. ft. = 2 spaces per unit Commercial/Office 3.5 spaces per 1,000 sq. ft. Retail 1.5 spaces per 1,000 sq. ft. Garages TBD Municipal Uses Exempt 4.6.6.5 Granting of Relief from Parking Regulations In those instances where the Applicant has made a concerted effort to provide all the required number of parking spaces, the CPDC may require an 24 impact fee for each parking space not provided. The money may be used for short or long term parking solutions for the Town. 4.6.7 Application Any person who desires a Special Permit for a Mixed Use development shall submit 14 copies of the application in such form as the CPDC may require which shall include the following: 4.6.7.1 Development Statement A Development Statement shall consist of a petition, a list of the parties in interest with respect to the tract, a list of the development team and a written statement describing the major aspects of the proposed development. 4.6.7.2 Development Plans Development plans bearing the seal of a Massachusetts Registered Architect, Registered Civil Engineer or similar professional as appropriate and consisting of: (a) Site plans and specifications showing all site improvements and meeting the requirements set forth for a Site Plan under Section 4.3.3. (b) Site perspective, sections, elevations 1/8 inch = 1 foot. (c) Detailed plans for disposal of sanitary sewage and surface drainage and (d) Detailed plans for landscaping. 4.6.7.3 Additional information as the CPDC may determine. 4.6.8 CPDC Board Findings A Special Permit shall be issued under this Section if the CPDC finds that the development is in harmony with the purpose, and intent of this Section and that it con- tains a compatible mix of uses sufficiently advantageous to the Town to render it appropriate to depart from the requirements of the by-law otherwise applicable to the District in which the development is located. 4.6.9 Amendments After approval, the developer may seek amendments to the approved plan. Minor amendments may be made by a majority vote of the CPDC without a public hearing. The CPDC shall make a finding whether a requested amendment is deemed to be major or minor. A major amendment shall require the filing of an amended Special Permit application and public hearing. 4.6.10 Existing Structures 4.6.10.1 Change in Use A Special Permit may be granted to legally existing nonconforming structures, as of the date of the passage of this by-law, applying for a change of use in the Mixed Use Overlay District provided that parking for the existing and new uses meets the requirements of Section 4.6.6.4 unless waived by CPDC. 25 4.6.10.2 Additions A Special Permit may be granted to legally existing nonconforming structures, as of the date of the passage of this by-law, applying for a change of use and an addition to the structure provided that the footprint of the building structure remains unchanged or does not exceed 40% lot coverage, whichever is greater, and the FAR of 0.8 is not exceeded. Or take any other action with respect thereto. Community Planning and Development Commission Background: In response to public and Town Government input throughout the process to update the 1991 Master Plan, the Master Plan Advisory Committee (MPAC) has identified zoning reform to allow mixed use in the Downtown as an objective of the 2005 Master Plan. As part of their efforts to implement certain priority action items, the CPDC reviewed the regulatory landscape to decide how best to proceed with establishing mixed use in the Downtown. Subsequently, the Town Manager requested that the CPDC bring forward a mixed use bylaw targeting the Downtown for Subsequent Town Meeting, 2005. In response, the CPDC conducted four zoning workshops for the public, one joint zoning workshops with the Selectmen and several working group meetings, during which model . and existing bylaw language was reviewed and refined to incorporate the need to address anticipated parking and housing issues. The CPDC also reviewed input and testimony by MPAC members, citizens and property owners during their deliberations of the zoning amendment language. The CPDC decided upon recommending a bylaw whose intent was to establish a Mixed Use Overly District that allowed by Special Permit from the CPDC an alternative pattern of land development to the pattern permitted in the underlying Zoning District. Such district is intended to create mixed commercial, residential, and open space areas consistent with the character and identity of the Town, and in conformance with the objectives of the Town of Reading 2005 Master Plan. Principally, consistent with the goals and objectives of the Selectmen's 2005 Mission Statement, the proposed bylaw seeks to allow mixed use and residential redevelopment in the Downtown Business B District that would allow better use of currently under-utilized space without compounding existing parking and circulation issues. Specifically, the proposed bylaw intends to achieve this goal by creating areas where the visual and physical dominance of the automobile is made secondary to pedestrian needs; pedestrian and commercial activity is encouraged by creating a pleasant, rich and diverse experience; and traffic is reduced by providing opportunities for retail services, housing, employment and intermodal transportation in close proximity. Following the closing of the Warrant, the CPDC took further public input, and has agreed to minor modifications and clarifications to the proposed bylaw. These minor changes will be included in the motion that is made under this Article, and a "mock-up" of the changes is included as an Appendix to this report. 26 Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends the subject matter of this Article by a vote of 3-0-0. CPDC Report: The CPDC held a public hearing on September 26, 2005, duly advertised and noticed, upon which the subject matter of this Article was recommended by a vote of 4-0-0. ARTICLE 21 To see if the Town will vote to amend the Zoning Map of the Town of Reading by placing the following properties into the Business B Zoning District: Plat 64, Parcels: 21, 21 a, 22, 23, 24 or take any other action with respect thereto. Community Planning and Development Commission Background: The Town Manager requested that the CPDC recommend to Subsequent Town Meeting, 2005 the expansion of the Business B zoning district to allow for commercial uses permitted in that district on the subject properties, several of which reside in a residential district and contain nonconforming commercial (office) 27 uses. After review of the zoning map change; the CPDC recommended the forwarding of the zoning map amendment as proposed to Town Meeting. Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends the subject matter of this Article by a vote of 3-0-0. CPDC Report: The CPDC held a public hearing on September 26, 2005, duly advertised and noticed, upon which the subject matter of this Article was recommended by a vote of 4-0-0. ARTICLE 22 To see if the Town will vote to approve an amendment to the Reading Home Rule Charter to amend Section 4-4 to increase the membership on the Zoning Board of Appeals from 3 regular members and 3 associate members, to 5 regular members and 2 associate members, so that Section 4-4 of the Reading Home Rule Charter will read as follows: Section 4-4: Board of Appeals There shall be a Board of Appeals consisting of 5 members and 2 associate members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Board of Appeals shall have the powers and duties of Zoning Boards of Appeal under the Constitution and General Laws of the Commonwealth and such additional powers and duties as may be authorized by the Charter, by by-law, or by Town Meeting vote. Or take any other action with respect thereto. By Petition Background: The design of all future structures, including 40B projects, must be in keeping with the neighborhood to protect its historic village pattern. The designs must be approved prior to the granting of permits. The Town must mandate by regulations the number of stories developers may build in future developments. This Article proposes to increase the ZBA from three to five members in order to provide more oversight of the site plans by the permitting authority prior to approval. The current process involving negotiation by Town Officials should be replaced with more thorough review by a larger ZBA who is directly responsible for negotiating improved design, increased setbacks and lower building height, etc., in the interest of protecting abutters and neighbors of future developments. The property of abutters and neighbors of the current Spence Farm development has been enormously violated. Finance Committee Report: No report. Bylaw Committee Report: Action pending. 28 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 14, 2005, 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 27th day of September, 2005. nthony, Chairman 'W Richard W. Schubert, WViceChairman Joseph G. Duffy, Secretary A"'es E. Bona oli i Be a a SELECTMEN OF READING Thomas H. F em n, Constable 29 ARTICLE 20 Town of Reading 16 Lowell Street Reading, MA 01867-2683 Phone: 781-942-9012 Fax: 781-942-9071 Email: creilly@ci.reading.ma.us Community Planning and Development Commission ARTICLE 20 The Reading Zonin DEFINITIONS: By-Laws Shall be Amended as~Follows: j i The addition of the following definition: 2.2.21.2. Mixed Use: The combining of retail/commercial and/or service uses with residential or office use in the same building or on the same site. 4.2.2. Table of Uses: Under PRINCIPAL USES-Other Uses, the inclusion of the Mixed Use District as follows: RES RES RES BUS BUS BUS IND S-15 A-40 A-80 A B C S-20 S-40 Mixed Use No No No No SPP No No 4.6 MIXED USE OVERLAY DISTRICT 4.6.1 Purpose The Mixed Use Overly District allows by Special Permit from the CPDC an alternative pattern of land development to the pattern normally permitted in the underlying Zoning District. It is intended to create mixed commercial, residential, and open space areas consistent with the character and identity of the Town and in conformance with the objectives of the Town of Reading 2005 Master Plan. 4.6.2 Authority The CPDC shall be the Special Permit Granting Authority for Mixed Use developments. The CPDC may vary the dimensional and parking requirements of Section 4.6 if it determines such change will result in an improved design of the development. T#is The authority Genes of the CPDC to vary the dimensional and parking requirements shall continue subsequent to occupancy upon the change of use of any of the commercial areas and upon application for such change by the applicant. 4.6.3 Permitted Uses C:\My Documents\CPDC\Townmtg\Fall 05\Mixed use\Mixed Use bylaw amendment F05-FINALamend for Wfloor.doc 30 Zoning Amendments to the By-Laws Text and Map- 2005 Subsequent Town Meeting Reading Community Planning and Development Commission Only the following types of uses shall be permitted in Mixed Use developments. These uses may be commingled into a single structure or structures or may be located in separate structures on the site. Residential Multifamily Dwellings n.,ts, CondnmonliUMS Retail Retail Store Restaurant A4un e+yal-Governmental Uses Utilities Cell Towers Post Office Commercial /Office Business and Professional Office Research Facility Personal Service Shop (Example, Travel Agency, Lawyer, Beauty Salon, Bank) Private Recreation Parking Garages No less than 20% of the total number of residential units shall be affordable to households at or below 80% of the median household income for the Boston Metropolitan Area as determined by the most recent calculation of the United States Department of Housing and Urban Development. if 20, of the total residee+1el „nits ore affeFdable, the FAR shall be RG greater thaR 0.8, at 0 affeFdable, the FAR shall be Re greater than 1.0. The fsllew+rg table listed below shall be used as the basis to determine the dictate the number of affordable units req ui emeRt that must be provided for any project. In determining the total number of affordable housing units required to be constructed under this section, calculation of a fractional unit of .5 or more shall be regarded as a whole unit. The applicant, in its discretion, may pay a fee as an alternative to the construction of an affordable unit as provided in the following table: Proiects with up to 0.8 FAR Total Number of Uunits and/or Contribution: 4- One Unit 2. Two Units 3. Three Units 4 Four Units 6. Five Units 6. Six Units 7. Seven units $48,000 or 1 unit $96,000 or 1 unit $144,000 or 1 unit $192,000 or 1 unit 1 unit 1 unit plus $48,000 or 2 units 1 unit plus $96,000 or 2 units Greater Than 0.8 FAR But Less Than 1.0 FAR Total Number of Uunits and/or Contribution: 4- One Unit $60,000 21. Two Units $120,000 31 Zoning Amendments to the By-Laws Text and Map- 2005 Subsequent Town Meeting Reading Conrniunihj Planning and Development Commission 3. Three Units $180,000 4 Four Units 1 unit 5. Five Units 1 unit plus $60,000, or 2 units 6. Six Units. 1 unit plus $120,000, or 2 units 7. Seven units. 1 unit plus $180,000, or 2 units All Csontributions would ge shall be made to the Affordable Housing Trust Fund. The affordable units must be subject to Use Restrictions to ensure that the units remain available as affordable units in perpetuity, exclusively to persons with qualifying incomes. The units must be sold or rented on a fair and open basis and the applicant shall provide for CPDC approval an affirmative fair marketing plan for the affordable units. The minimum square footage of living area for any of the residential units within the Mixed Use Overlay District shall be no less thatn 550 square feet and the maximum area shall not exceed 11800 square feet. The average size shall be 80750 square feet (plus or minus 25 square feet). Residential Units shall be developed under the Local Initiative Program of the Massachusetts Department of Housing and Community Development or another subsidy program that allows the housing to count towards the affordable housing requirements of Chapter 40B of the Massachusetts General Law. 4.6.4 Parking Facility Section 4.6.84-8 of this By Law applies with respect to the CPDC's consideration of the grant of a Special Permit for the Mixed Use Overlay development. 4.6.5 Dimensional Requirements The dimensional requirements below shall apply. 4.6.5.1 Minimum Contiguous Area of the Mixed Use Development Minimum contiguous lot area of the Mixed-Use development shall be 10,000 square feet. The site of any new principal structure shall conform to Section 5.2.1 of the Zoning By-Laws. 4.6.5.2 Minimum Lot Frontage Minimum lot frontage shall be 40 feet. 4.6.5.3 Maximum Front Yard The maximum front yard shall be 20 feet, and there is no minimum front yard. 4.6.5.4 Minimum Rear Yard Minimum rear yard shall be 15 feet and there is no minimum side yard. There shall also be at least 15 feet separation between any 2 structures in the development on the same lot and the areas behind and between all structures shall be clear and accessible to the Town's fire suppression vehicles. 4.6.5.5 Maximum Height Maximum height shall be 42 feet. 4.6.5.6 Maximum Lot Coverage Maximum lot coverage shall be 40% PerseR 4.6.5.7 Minimum Landscaping 32 Zoning Amendments to the By-Laws Text and Map- 2005 Subsequent Town Meeting Reading Communihj Planning and Development Commission Minimum landscaping shall be 25%, 6.2.42 of these by laws. of lot area. The applicant shall submit a landscaping plan for approval. 4.6.5.8 Maximum Floor Area Maximum floor area ratio shall be 0.8, except as otherwise provided in Section 4.6.3. 4.6.6 Mixed Use Developments The mixture of uses allowed shall not be constrained in any way, however, residential units are prohibited from the front of the 1 st floor and parking garages are prohibited from the front of the lot. In all Mixed Use developments adequate off-street parking shall be provided. The CPDC and the Applicant shall have as a goal for the purposes of defining adequate off-street parking, making the most efficient use of the parking facilities to be provided and minimizing the area of land to be paved for this purpose. In implementing this goal the CPDC may consider complementary or shared use of parking areas by activities having different peak demand times, and the Applicant may be required to locate adjacent uses in such a manner as will facilitate the complementary use of such parking areas. Implementation of such complementary use of parking areas may result in the CPDC reducing and/or waiving parking requirements. 4.6.6.1 Parking Locations Parking may be provided at ground level, underground or in a parking garage. - Parking garages can be free standing or as part of buildings dedicated to other permitted uses. Parking spaces must be assigned to specific uses (including shared uses) at the time of the submission of the Final Plan. 4.6.6.2 Parking at Buildings Parking shall be primarily located at the rear or at the side of buildings. 4.6.6.3 Curb Cuts One curb cut providing access to the development from any public way may be required. Additional curb cuts may be required as deemed necessary by the permitting authority. A development having frontage on 2 or more streets may be permitted additional curb cuts if deemed necessary by the CPDC. Whenever possible there shall be shared curb cuts with adjacent developments. 4.6.6.4 Parking Requirements Are: Residential 550-700 sq. ft.= 1 space per unit 701-x000 1100 sq. ft.=2 spaces per unit Commercial/Office 3.5 spaces per 1,000 sq. ft. Retail 1.5 spaces per 1,000 sq. ft. Garages TBD To be determined by the CPDC. 33 Zoning Amendments to the By-Laws Text and Map- 2005 Subsequent Town Meeting Reading Communi-hj Planning and Development Commission Municipal Uses Exempt { 4.6.6.5 Granting of Relief from Parking Regulations In those instances where the Applicant has made a concerted effort to provide all the required number of parking spaces and is unable to do so, the CPDC may requiFe allow the applicant to pay an impact fee of $20,000 for each parking space not provided. The money shall be deposited into a separate account and may only be used for short or long term parking solutions for the Town in the Mixed Use Overlay District. 4.6.7 Application Any person who desires a Special Permit for a Mixed Use development shall submit 14 copies of the application in such form as the CPDC may require which shall include the following: 4.6.7.1 Development Statement A Development Statement shall consist of a petition, a list of the parties in interest with respect to the #aet site, a list of the development team and a written statement describing the major aspects of the proposed development. 4.6.7.2 Development Plans Development plans bearing the seal of a Massachusetts Registered Architect, Registered Civil Engineer or similar professional as appropriate and consisting of: (a) Site plans and specifications showing all site improvements and meeting the requirements set forth for a Site Plan under Section 4.3.3. (b) Site perspective, sections, elevations 1/8 inch = 1 foot. (c) Detailed plans for disposal of sanitary sewage and surface drainage; and (d) Detailed plans for landscaping. 4.6.7.3 Additional information as the CPDC may determine. 4.6.8 CPDC Board Findings A special permit shall be issued under this Section if the CPDC finds that the development is in harmony with the purpose, and intent of this Section and that it contains a compatible mix of uses sufficiently advantageous to the Town to render it appropriate to depart from the requirements of the by law „theF wise applicable to the zoning district in which the development is located. 4.6.9 Amendments After appre of a special permit, the applicant develeper may seek amendments to the approved plan. Minor amendments may be made by a majority vote of the CPDC without a public hearing. The CPDC shall make a finding whether a requested amendment is deemed to be major or minor. A major amendment shall require the filing of an amended special permit application and public hearing. 4.6.10 Existing Structures 4.6.10.1 Change in Use 34 Zoning Amendments to the By-Laws Text and Map- 2005 Subsequent Town Meeting Reading Community Planning and Development Commission A special permit may be granted to legally existing nonconforming structures, as of the date of the passage of this By-Law, applying for a change of use in the Mixed Use Overlay District provided that parking for the existing uses meet the requirements of the underlying Zoning District and parking for and new uses meets the requirements of Section 4.6.6.4 . CPDC may grant relief from these parking requirements in accordance with Section 4.6.6.5. 4.6.10.2 Additions A special permit may be granted to legally existing nonconforming structures, as of the date of the passage of this By-Law, applying for a change of use and an addition to the structure provided that the footprint of the building structure remains unchanged or is no greater than the original footprint (lot coverage) including addition does not exceed ° lot coverage, whiGhever is , and the FAR of 0.8 is not exceeded except as provided in Section 4.6.3. Parking for existing uses shall meet the requirements of the underlying Zoning District and parking for new uses shall meet the requirements of Section 4.6.6.4. CPDC may grant relief from such parking requirements in accordance with Section 4.6.6.5. 35 CONDUCT OF TOWN MEETING Reading's Town Meeting is conducted in accordance with the rules set down in Article 2 of the Charter and the General Bylaws. Although Robert's Rules of Order is the basic source, a Town Meeting Member need only be familiar with what is contained in the Charter. These notes are intended to outline the major points all Town Meeting Members should know, and which by knowing, will make Town Meeting more understandable. ORGANIZATION ♦ Town Meeting consists of 192' elected members, of which 97 constitute a quorum. subject may be discussed together; however, only one is formally on the floor, and each when moved is acted upon individually. Note that the vote on one may influence the others. ♦ There are two required sessions: the Annual Meeting in Spring which is primarily for fiscal matters and acceptance of the annual budget, and the Subsequent Meeting in November. Special Town Meetings may be called at any time that the need arises. ♦ There are three main committees which review certain Articles and advise Town Meeting of their recommendations: Finance for all expenditures of funds; Bylaw for all bylaw changes; and the Community Planning and Development Commission for all zoning changes. Their reports are given prior to dis- cussing the motion. GENERAL RULES OF PROCEDURE ♦ The Meeting is conducted through the Warrant Articles which are presented (moved) as motions. Only one motion may be on the floor at a time; however, the motion may be amended. Often two or more Articles which address the same ♦ Members who wish to speak shall rise, state their name and precinct in order to be recognized. o A Member may speak for ten (10) minutes but permission must be asked to exceed this limit. ♦ Seven (7) Members can question a vote and call for a standing count and twenty (20) can ask for a roll call vote; however, a roll call vote is seldom used because of the time it takes. PRINCIPAL MOTION ENCOUNTERED AT TOWN MEETING The following motions are the principal ones used in most cases by Town Meeting to conduct its business. Experience shows that the Members should be familiar with these. o Adjourn: Ends the sessions, can be moved at any time. ♦ Recess: Stops business for a short time, generally to resolve a procedural question or to obtain information. 36 ♦ Lay on the Table: Stops debate with the intention generally of bringing the subject up again later. May also be used to defer action on an Article for which procedurally a negative vote is undesirable. Note that tabled motions die with adjournment. ♦ Move the Previous Question: Upon acceptance by a two-thirds (2/3) vote, stops all debate and brings the subject to a vote. This is generally the main motion, or ♦ The most recent amendment, unless qualified by the mover. The reason for this as provided in Robert's Rules of Order is to allow for other amend- ments should they wish to be presented. o Amend: Offers changes to the main motion. Must be in accordance with the motion and may not substantially alter the intent of the motion. In l accordance with Robert's Rules of Order, only one primary and one secondary motion will be allowed on the floor at one time, unless specif- ically accepted by the Moderator, ♦ Indefinitely Postpone: Disposes of the Article without a yes or no vote. o Take from the Table: Brings back a motion which was previously laid on the table. ♦ Main Motion: The means by which a subject is brought before the Meeting. THE FOLLOWING MOTIONS MAY BE USED BY A MEMBER FOR THE PURPOSE NOTED: ♦ Question of Privilege: Sometimes used to offer a resolution. Should not be used to "steal" the floor. ♦ Point of Order: To raise a question concerning the conduct of the Meeting. ♦ Point of Information: To ask for information relevant to the business at hand. MULTIPLE MOTIONS SUBSEQUENT (MULTIPLE) MOTIONS If the subsequent motion to be offered, as distinct from an amendment made during debate, includes material which has previously been put to a vote and defeated, it will be viewed by the Moderator as reconsideration and will not be accepted. If the subsequent motion contains distinctly new material which is within the scope of the Warrant Article, then it will be accepted. An example of this latter situation is successive line items of an omnibus budget moved as a block. SUBJECT TO THE FOLLOWING CONSIDERATIONS ♦ The maker of any proposed multiple motion shall make their intent known, and the content of the motion to be offered shall be conveyed to the Moderator - prior to the initial calling of the Warrant Article. ♦ Once an affirmative vote has been taken on the motion then on the floor - no further subsequent alternative motions will be accepted. (Obviously does not apply to the budget, for example.) 37 ♦ Also - There can only be one motion on the floor at any one time. You have the ability to offer amendments to the motion that is on the floor. You also have the ability to move for reconsideration. TOWN OF READING BYLAWS ARTICLE 2: TOWN MEETINGS 2.1 General Section 2.1.1 The Annual Town Meeting shall be held on the third Tuesday preceding the second Monday in April of each year for the election of Town officers and for other such matters as required by law to be determined by ballot. Notwithstanding the foregoing, in any year in which presidential electors are to be elected, the Board of Selectmen may schedule the commencement of the Annual Town Meeting for the same date designated as the date to hold the Presidential Primary. Section 2.1.2 The polls for the Annual Town Meeting shall be opened at 7:00 a.m. and shall remain open until 8:00 p.m. Section 2.1.3 All business of the Annual Town Meeting, except the election of such Town officers and the determination of such matters as required by law to be elected or determined by ballot, shall be considered at an adjournment of such meeting to be held at 7:30 p.m. on the second Monday in April, except if this day shall fall on a legal holiday, in which case the Meeting shall be held on the following day or at a further adjournment thereof. Section 2.1.4 A Special Town Meeting called the Sub- sequent Town Meeting shall be held on the second Monday in November, except if this day shall fall on a legal holiday, in which case the Meeting shall be held on the following day. The Subsequent Town Meeting shall consider and act on all business as may properly come before it except the adoption of the annual operating budget. Section 2.1.5 Adjourned sessions of every Annual Town Meeting after the first such adjourned session provided for in Section 2.1.3 of this Article and all sessions of every Subsequent Town Meeting, shall be held on the follow- ing Thursday at 7:30 p.m. and then on the following Monday at 7:30 p.m. and on consecutive Mondays and Thursdays, unless a resolution to adjourn to another time is adopted by a majority vote of the Town Meeting Members present and voting. Section 2.1.6 The Board of Selectmen shall give notice of the Annual Subsequent or any Special Town Meeting at least fourteen (14) days prior to the time of holding said Meeting by causing an attested copy of the Warrant calling the same to be posted in one (1) or more public places in each precinct of the Town, and either causing such attested copy to be published in a local newspaper or mailing an attested copy of said Warrant to each Town Meeting Member. Section 2.1.7 All Articles for the Annual Town Meeting shall be submitted to the Board of Selectmen not later than 8:00 p.m. on the fifth Tuesday preceding the date of election of Town officers unless this day is a holiday in which case the following day shall be substituted. All Articles for the Subsequent Town Meeting shall be submitted to the Board 38 of Selectmen not later than 8:00 p.m. on the fifth Tuesday preceding the Subsequent Town Meeting in which action is to be taken, unless this day is a holiday, in which case the following day shall be substituted. Section 2.1.8 The Board of Selectmen, after drawing a Warrant for a Town Meeting, shall immediately deliver a copy of such Warrant to each Member of the Finance Committee, the Community Planning and Development Commission, the Bylaw Committee and the Moderator. 2.2 Conduct of Town Meetings Section 2.2.1 In the conduct of all Town Meetings, the following rules shall be observed: Rule 1: A majority of the Town Meeting Members shall constitute a quorum for doing business. Rule 2: All Articles on the Warrant shall be taken up in the order of their arrangement in the Warrant, unless otherwise decided by a majority vote of the Members present and voting. Rule 3: Prior to debate on each Article in a Warrant involving the expenditure of money, the Finance Committee shall advise the Town Meeting as to its recommendations and the reasons therefor. Rule 4: Prior to debate on each Article in a Warrant involving changes in the Bylaws, the Bylaw Committee shall advise the Town Meeting as to its recommendations and the reasons therefor. Rule 5: Every person shall stand when speaking, shall respectfully address the Moderator, shall not speak until recog- nized by the Moderator, shall state his name and precinct, shall confine himself to the question under debate and shall avoid all personalities. Rule 6: No person shall be privileged to speak or make a motion until after he has been recognized by the Moderator. Rule 7: No Town Meeting Member or other person shall speak on any ques- tion more than ten (10) minutes without first obtaining the permission of the Meeting. Rule 8: Any inhabitant of the Town may speak at a Town Meeting having first identified himself to the Moderator as an inhabitant of the Town. No inhabitant shall speak on any question more than five (5) minutes without first obtaining the permission of the Meeting. Inhabitants shall be given the privilege of speaking at Town Meetings only after all Town Meeting Members who desire to speak upon the question under con- sideration have first been given an opportunity to do so. Rule 9: Members of official bodies who are, not Town Meeting Members shall have the same right to speak, but not to vote, as Town Meeting Members on all matters relating to their official bodies. Rule 10: No speaker at a Town Meet- ing shall be interrupted except by a Member making a point of order or privileged motion or by the Moderator. Rule 11: Any person having a mon- etary or equitable interest in any matter under discussion at a Town Meeting and any person employed by another having such an interest, shall disclose the fact of his interest or his employer's interest before speaking thereon. 39 Rule 12: The Moderator shall decide all questions of order subject to appeal to the meeting, the question on which appeal shall be taken before any other. Rule 13: When a question is put, the vote on all matters shall be taken by a show of hands, and the Moderator shall declare the vote as it appears to him. If the Moderator is unable to decide the vote by the show of hands, or if his decision is immediately questioned by seven (7) or more Members, he shall determine the question by ordering a standing vote and he shall appoint tellers to make and return the count directly to him. On request of not less than twenty (20) Members, a vote shall be taken by roll call. Rule 14: All original main motions having to do with the expenditure of money shall be presented in writing, and all other motions shall be in writing if so directed by the Moderator Rule 15: No motion shall be received and put until it is seconded. No motion made and seconded shall be withdrawn if any Member objects. No amendment not relevant to the subject of the original motion shall be entertained. Rule 16: When a question is under debate, no motion shall be in order except (1) to adjourn, (2) to lay on the table or pass over, (3) to postpone for a certain time, (4) to commit, (5) to amend, (6) to postpone indefinitely or (7) to fix a time for terminating debate and putting the question, and the afore- said several motions shall have precedence in the order in which they stand arranged in this Rule. Rule 17: Motions to adjourn (except when balloting for offices and when votes are being taken) shall always be first in order. Motions to adjourn, to move the question, to lay on the table and to take from the table shall be decided without debate. Rule 18: The previous question shall be put in the following form or in some other form having the same meaning: "Shall the main question now be put?," and until this question is decided all debate on the main question shall be suspended. If the previous question be adopted, the sense of the meeting shall immediately be taken upon any pending amendments in the order inverse to that in which they were moved except that the largest sum or the longest time shall be put first, and finally upon the main question. Rule 19: The duties of the Moderator and the conduct and method of pro- ceeding at all Town Meetings, not prescribed by law or by the Rules set forth in this Article, shall be determined by the rules of practice set forth in Robert's Rules of Order Revised so far as they may be adapted to Town Meetings. Section 2.2.2 It shall be the duty of every official body, by a Member thereof, to be in attend-' ance at all Town Meetings for the information thereof while any subject matter is under consideration affecting such official body. Section 2.2.3 All committees authorized by Town Meeting shall be appointed by the Moderator unless otherwise ordered by a vote of the Members present and voting. All committees shall report as directed by the Town Meeting. If no report is made within a year after the appointment, the committee shall be 40 discharged unless, in the meantime, the Town Meeting grants an extension of time. When the final report of a committee is placed in the hands of the Moderator, it shall be deemed to be received, and a vote to accept the same shall discharge the committee but shall not be equivalent-to a vote to adopt it. Section 2.2.4 Motion to Reconsider 2.2.4.1 A motion to reconsider any vote must be made before the final adjournment of the Meeting at which the vote was passed but such motion to reconsider shall not be made at an adjourned meeting unless the mover has given notice of his intention to make such a motion, either at the session of the meeting at which the vote was passed or by written notice to the Town Clerk within twenty-four (24) hours after the adjournment of such session. When such motion is made at the session of the meeting at which the vote was passed, said motion shall be accepted by the Moderator but consid- eration thereof shall be postponed to become the first item to be considered at the next session unless all remaining Articles have been disposed of, in which case reconsideration shall be consid- ered before final adjournment. There can be no reconsideration of a vote once reconsidered or after a vote not to reconsider. Reconsideration may be ordered by a vote of two-third (2/3) of the votes present. Arguments for or against reconsider- ation may include discussion of the motion being reconsidered providing such discussion consists only of relevant facts or arguments not pre- viously presented by any speaker. 2.2.4.2 The foregoing provisions relating to motions to reconsider shall not apply to any such motion made by the Board of Selectmen and authorized by the Moderator as necessary for the reconsideration of actions previously taken by Town Meeting by reason of State or Federal action or inaction or other circumstances not within the control of the Town or Town Meeting. In the event such a motion to reconsider is made and authorized, said motion may be made at any time before the final adjournment of the Meeting at which the vote was passed, said motion may be made even if the vote was already reconsidered, or was the subject of a vote not to reconsider and reconsideration may be ordered by a vote of two-thirds (2/3) of the votes present. 2.2.4.3 Notice of every vote to be reconsidered at an adjourned Town Meeting shall be posted by the Town Clerk in one (1) or more public places in each precinct of the Town as soon as possible after adjournment, and he shall, if practicable, at least one (1) day before the time of the next following session of said Adjourned Meeting, publish such notice in some newspaper published in the Town. Said notice shall include the vote to be reconsidered and the place and time of the next following session of said Adjourned Meeting. The foregoing notice provisions shall not apply when a motion to reconsider any Town Meeting action is made publicly at Town Meeting before the adjournment of any session of any Adjourned Town Meeting. Section 2.2.5 The Selectmen shall, at each Annual Town Meeting, give to the Members information of the State of the Town. Section 2.2.6 The Town Meeting Members and Town Meeting Members-Elect from each 41 precinct shall hold an annual precinct meeting after the Annual Town Election but before the convening of the business sessions of the Annual Town Meeting. The purpose of the meeting shall be the election of a Chairman and a Clerk and to conduct whatever business may be appropriate. Chairman shall serve no more than six (6) consecutive years in that position. Additional precinct meet- ings may be called by the Chairman or by a petition of six (6) Town Meeting Members of the precinct. Section 2.2.7 Removal of Town Meeting Members 2.2.7.1 The Town Clerk shall mail, within thirty (30) days after the adjournment sine die of a Town Meeting, to every Town Meeting Member* who has attended less than one half (1/2) of the Town Meeting sessions since the most recent Annual Town Election, a record of his attend- ance and a copy of Section 2-6 of the Charter. 2.2.7.2 Town Meeting Members of each precinct shall consider at a precinct meeting to be conducted in accordance with Section 2.2.6 of these Bylaws and Section 2-6 of the Charter, preceding the consideration of the Article placed upon the Annual Town Meeting Warrant in accordance with Section 2-6 of the Charter, the names of Town Meeting Members in that precinct appearing on said Warrant Article and adopt recommendations to Town Meeting as to what action should be taken regarding each such Member. The Chairman of each precinct or his designee shall make such recommend- ations along with supporting evidence and rationale to Town Meeting. 2.2.7.3 The names of the Members subject to removal in accordance with Section 2-6 of the Charter shall be grouped by precinct in the Warrant Article required by said Section. Section 2.2.8 Meetings During Town Meeting No appointed or elected board, commission, committee or other entity of Town Government shall schedule or conduct any hearing, meeting or other function during any hours in which an Annual, Subsequent or Special Town Meeting is in session or is scheduled to be in session. Any such board, commission or committee which schedules or holds a meeting or hearing on the same calendar day but at a time prior to a session of Town Meeting shall adjourn or recess not less than five (5) minutes prior to the scheduled session of Town Meeting. Any board, commission or committee may, at the opening of any session of Town Meeting, present to that Town Meeting an instructional motion request- ing an exemption from this Bylaw and asking that Town Meeting permit it to meet at a date and hour at which a future session of Town Meeting is scheduled and may present reasons for Town Meeting to give such permission. Notwithstanding the foregoing, any board, commission or committee which meets the requirements of Section 23B of Chapter 39 of the General Laws concerning emergency meetings may, upon meeting such requirements, conduct such a meeting or hearing at a time scheduled for a Town Meeting. 42