HomeMy WebLinkAbout2001-11-13 Subsequent Town Meeting Warrant Report6
TABLE OF CONTENTS
SUBSEQUENT TOWN MEETING
NOVEMBER 13, 2001
Article
Title
Sponsor
Page #
1
Reports
Board of Selectmen
2
2
Instructions
Board of Selectmen
2
3
Amend FY 2002 - FY 2011 Capital
Board of Selectmen
3
Improvements Program
4
Amend FY 2002 Budget
Finance Committee
3
5
Acceptance of Gifts
Board of Selectmen
3
6
Rescinding Debt Authorization
Board of Selectmen
4
Eaton Street Sewer
7
Authorizing Funding for Plans -
School Building Committee
4
Reading Memorial High School
8
Amending Fees Schedule
Board of Selectmen
5
9
Acceptance of Community
Board of Selectmen
6
Preservation Act
10
Amending Charter for Selection of
Board of Selectmen
7
Town Meeting Members when
there*is a tie write-in vote
11
Amending Charter to provide for
Board of Selectmen
8
Filing of Minutes of all Multiple
Member Bodies in Town Clerk's
Office
12
Amending Charter re: Rules
Board of Selectmen
8
Committee Chairmanship
13
Removing Position of Chief of Police
Board of Selectmen
9
from Civil Service
14
Amending Section 5.3.20.2 of General
Board of Health
11
Bylaws re: Waiting Period to Act -
Board of Health
15
Accepting Donation of Easements
Board of Selectmen
11
for Sidewalks - Franklin Street
Article
Title
Sponsor
Page #
16
Abandon Easement - Applegate Lane
Board of Selectmen
12
17
Abandon Easement - 32 Davis Lane
Board of Selectmen
12
18
Abandon Easement - 518 Summer
Avenue
Board of Selectmen
13
19
Granting Easement of Property at
Killam School to Verizon
School Committee
.14
20
Abandon Easement -126 Main Street
- Harrow's
Board of Selectmen
14
21
Amend Zoning By-Law and Map to
make Floodplain Overlay District
Compatible with FEMA Maps
CPDC
15
22
Amend Zoning By-Law to Decrease
Lot Coverage to 15% in Acquifer
Protection District
CPDC
16
23
Amending Conservation Bylaw
Conservation Commission
21
APPENDIX
7
Letter from Department of Education
28
8
Fee Survey
30,31
Maps
32-38
Report on Community Preservation
Act Study Committee
39-61
Conduct of Town Meeting
62-68
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on October 2, 2001 notified and warned the
inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the
place and at the time specified by posting attested copies of this Town Meeting Warrant
in the following public places within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2 Registry of Motor Vehicles, 275 Salem Street
Precinct 3 Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Alice M. Barrows School, 16 Edgemont Avenue
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue...
Precinct 8 Arthur W. Coolidge Middle School, 89 Birch Meadow Drive
The date of posting being not less than fourteen (14) days prior to November 13, 2001,
the date set for the Subsequent Town Meeting in this Warrant.
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue of October 3, 2001
A true copy. Attest:
,maytohnson
heryl Town Clerk
DaKel W. Halloran Jr„ Constable
1
SUBSEQUENT TOWN MEETING
(Seal) \
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and
Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland
Road in said Reading, on Tuesday, November 13, 2001, at seven-thirty o'clock in the
evening, at which time and place the following articles are to be acted upon and
determined exclusively by Town Meeting Members in accordance with the provisions of
the Reading Home Rule Charter.
ARTICLE 1 To hear and act on.the reports of the Board of Selectmen, Town
Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town
Clerk,, Tree Warden, Board of Health, School Committee, Contributory Retirement
Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees,
Community Planning & Development Commission, Conservation Commission, Town
Manager and any other Board or Special Committee.
Board of Selectmen
Background: Reports on the State of the Schools, financial state of the community
and the development of the Reading Business Park, as well as the status of the
Affordable Housing Trust Fund, are expected to be given at some point during this
Subsequent Town Meeting.
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: This Article is generally tabled until the end of other business which is
being considered by Town Meeting. There are no known instructional motions as of the
date of preparation and mailing of this report.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
2
ARTICLE 3 To see if the Town will vote to amend the FY 2002 - FY 2011,
Capital Improvements Program as provided for in Section 7-7 of the Reading Horne Rule
Charter and as previously amended, or take any other action with respect thereto.
Board of Selectmen
Background: It is expected that this Article will be indefinitely postponed, because
action will already have been take on the subject matter in the Special Town Meeting
that will take place the first night of the Subsequent Town Meeting.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 4 To see if the Town will vote to amend one or more of the votes
taken under Article 11 of the Warrant of the Annual Town Meeting of April 23, 2001,
relating to the Fiscal Year 2002 Municipal Budget, and see what sum the Town will raise
by borrowing or transfer from available funds, or otherwise, and appropriate as the result
of any such amended votes for the operation of the Town and its government, or take
any other action with respect thereto.
Board of Selectmen
Background: It is possible that the Subsequent Town Meeting will not be completed
until after Thanksgiving. Since the Town needs to have a final FY 2002 Budget set in
order to set a tax rate and send out proper tax bills, the Board of Selectmen has called a
Special Town Meeting at the beginning of the Subsequent Town Meeting to address the
Budget and any action required on the Capital Improvements Program. The Special
Town Meeting will then be adjourned, and the action on those two Articles would be
finalized and a tax rate can then be set in a timely manner.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 5 To see if the Town will vote to accept one .or more gifts to be
administered by the Commissioners of Trust Funds, such gifts to be used for the
purposes for which they are given to the Town, or take any other action with respect
thereto.
Board, of Selectmen
Background: There are two motions that are likely to be offered under this Article:
1. A motion accepting a trust fund for flowers for Veterans' graves. This amount was
debated at the 2001 Annual Town Meeting, and Town Meeting restored for FY
2002 the moneys for that purpose. However, given the Town's current and
projected financial situation and the vulnerability of all expenditures to future
reductions, it was felt that a separate trust fund for this purpose would ensure that
3
the Town of Reading would always be able to place flowers on Veterans' graves on
Memorial Day. A fundraising effort has been established with a goal of raising
$90,000 for this purpose, and Town Meeting will be asked to accept the trust fund
in November. These moneys would be available for use starting in the FY 2004
Budget.
2. A Scholarship fund in the name of Jim Biller, a long-time Town Meeting Member
and community activist, was established shortly after his untimely death. Town
Meeting will be asked to accept the gift in his name. The initial amount in the fund
was $10,000 and the sum of $1,000 was distributed last year, leaving a principal
balance in the amount of $9,000 to be accepted.
Finance Committee Report: The Finance Committee recommends the subject matter
of this Article by a vote of 8-0-0, and expresses appreciation to those who contribute to
their community in this manner.
Bylaw Committee Report: No report.
ARTICLE 6 To see if the Town will vote to rescind part or all of the remaining
bond authorization made pursuant to Article 10 of the 1996 Annual Town Meeting for the
purpose of constructing and/or reconstructing the sanitary sewer system on Eaton Street
and related matters, or take any other action with respect thereto.
Board of Selectmen
Background: At the 1996 Annual Town Meeting, debt was authorized for the
improvement of the sanitary sewer system on Eaton Street. This was to be a part of a
program to utilize MWRA grants and no-interest loans to do this project.
Since that time, the Town has been able to do this project utilizing other
resources and never had to utilize the grant/loan program. The Town did not lose the
availability of the grant/loan it was utilized for the Walkers Brook Drive project which
was a much larger project and which made better use of the program for the community.
Since the project is done and the debt that was authorized was never needed,
we would like to wipe it "off the books" so we are not encumbering debt for unnecessary
purposes.
Finance Committee Report: The Finance Committee recommends the subject matter
of this Article by a vote of 8-0-0. The project was able to be completed using other
resources, and the grant/loan funds initially earmarked for this project were better
utilized for the larger and higher priority project of the Walkers Brook Drive sewer
project. The FINCOM recommends the removal of this project from the list of projects
for which debt is authorized, as good fiscal practice.
Bylaw Committee Report: No report.
ARTICLE 7
from available funds,
or more schematic i
To see what sum the Town will raise by borrowing, or transfer
or otherwise, and appropriate for the purposes of developing one
esigns for making extraordinary repairs and/or additions to the
4
Reading Memorial High School at 62 Oakland Road, including the costs of engineering
and architectural fees, plans, documents, cost estimates, and related expenses
incidental thereto and necessary in connection therewith, said sum to be expended by
and under the direction of the School Building Committee; and to see if the Town will
vote to authorize the School Building Committee, the School Committee, or any other
agency of the Town to file application fora grant or grants to be used to defray the cost
of all or any part of the cost of said schematic designs; and to see if the Town will vote to
authorize the School Building Committee to enter into all contracts and agreements as
may be necessary to carry out the purposes of this Article; provided however that any
borrowing authorized by this Article and any appropriation subject to this Article shall be
contingent upon the passage of a debt exclusion referendum question or a capital
exclusion referendum question under General Laws Chapter 59 s 21c no later than
December 31, 2002; or take any other action with respect thereto.
School Building Committee
Background: An instructional motion at the 2001 Annual Town Meeting directed the
School Building Committee to come back to the Subsequent Town Meeting with a
request to fund preliminary design work for the Reading Memorial High School
renovation project. This Article responds to that instruction.
The Article is drafted, consistent with the Capital Improvements Program, to seek
either a capital exclusion or a debt exclusion for the funding of such work so that it will
not further burden the already stressed existing local tax levy. The motion made under
( this Article will select one of the two available methods of funding.
The attached letter from the Massachusetts Department of Education will be
used by the School Building Committee to further focus the scope of this project, as the
evolving regulations under the School Building Assistance Program become clearer.
Finance Committee Report: The Finance Committee recommends the subject matter
of this Article by a vote of 8-0-0. The FINCOM recognizes that a great deal of work will
need to be done by the School Building Committee by the time this issue goes to the
voters on the April Town Election ballot but recognizes the need to move forward with
the project.
The Department of Education letter of October 1st appears to narrow the options
for the project, and evaluation of these guidelines will assist the School Building
Committee in developing the scope of the project. The School Committee is on record
as not favoring a project that will not be reimbursable by the State.
Bylaw Committee Report: No report.
ARTICLE 8 To see if the Town will amend the fees as established in Sections
4.5.3, 4.5.4, 4.5.5, and 4.5.6 of the General Bylaws of the Town of Reading as amended,
or take any other action with respect thereto.
Board of Selectmen
Background: The Town has done a comprehensive review of the fees that it charges
for services. Most such fees are established and amended by the individual Boards,
Committees and Commissions by the Departments or by the Board of Selectmen.
However, the fees charged by the Town Clerk and the fees charged for Building and
Wiring inspections are established by Town Meeting.
Last year, the Town amended the fees charged for the Town Clerk's various
services. The Board of Selectmen did not agree at that time to amend the other fees
until a comprehensive fee survey had been conducted. The survey has now been
completed. A summary of the survey for these two areas is attached.
The survey shows that Reading's fees for building permits and wiring permits
are about 30% under comparable communities, and the action under this Article will be
to increase the fees to the average The fees, if modified in the manner proposed, would
generate an additional $70,000 in revenue to the Town of Reading based on the fees
generated last year. The total fees generated by the Department of Community
Development would, under that scenario, cover all direct costs as identified in the FY
2002 Budget, but would not cover overhead such as employee benefits, rent, utilities,
etc. Therefore, it is clear that these remain fees and not a tax.
Finance Committee Report: The Finance Committee recommends the subject matter
of this Article by a vote of 8-0-0. The FINCOM recognizes the need to periodically
review fees charged by the Town for services and to adjust those fees. The fees for
building and wiring inspection are significantly behind the fees charged in other
communities surrounding Reading. The Finance Committee understands that even with
the increases in fees; the. total direct costs of providing Community Development
services will barely be met, and fee revenue will not cover the cost of employee benefits
and other overhead of running the Department.
Bylaw Committee Report: The Bylaw Committee recommends the subject matter of
this Article by a vote of 5-0-0.
ARTICLE 9 To see if the Town will vote to accept General Laws Chapter 44
§§3-7, known as the Community Preservation Act, which establishes a special
"Community Preservation Fund" that may be appropriated and spent for certain open
space, historic resources. and affordable housing purposes, to approve a property tax
surcharge in an amount not to exceed three percent of the taxes assessed annually on
real property which shall be dedicated to the fund, such surcharge to be imposed on
taxes assessed for fiscal years beginning on or after July 1, 2002, and to exempt from
the surcharge none, one or more of the following: (1) property owned and occupied as a
domicile by a person who would qualify for low income housing or low or moderate
income senior housing in the community; (2) Class Three, Commercial, and Class Four,
Industrial property in any year the Town adopts a higher tax rate for those classes; (3)
$100,000 of the assessed valuation of Class One, Residential, parcels, or take any other
action with respect thereto.
Board of Selectmen
Background: See the report of the Community Preservation Act Study Committee
attached to this Warrant as a separate section. \
6
Finance Committee Report: The Finance Committee does not recommend the subject
matter of this Article by a vote of 2-5-1. The Finance Committee feels that this issue
should have a thorough debate at Town Meeting. The Finance Committee feels that,
although the purposes for which CPA funds can be used are worthwhile, it may not be
the best time to consider this ballot question considering other very high priority
community needs.
Bylaw Committee Report: The Bylaw Committee recommends the subject matter of
this Article by a vote of 4-1-0.
ARTICLE 10 To see if the Town will vote to petition the General Court to
approve a Home Rule petition, pursuant to Article LXXXIX of the amendments to the
Massachusetts Constitution of the Commonwealth, to amend Section 2.3 of the Reading
Home Rule Charter by inserting as the third paragraph essentially the following
language:
"In the event of a tie write-in vote for a vacant Town Meeting position, the
position shall be filled by a vote of the remaining Town Meeting Members of the
precinct from which the write-in candidates whose write-in votes were tied. The
Town Clerk shall give notice of the tie vote to the remaining Town Meeting
Members of the precinct. The Town Clerk shall set a time and place for a
precinct meeting for the purpose of filling the vacancy. The Town Clerk shall
give notice of the meeting to precinct Town Meeting Members at least seven (7)
days in advance, and shall publish legal notice in a newspaper of general
circulation in the community. A vacant position filled in this manner shall be
filled for the entire remainder of the term."
or take any other action with respect thereto.
Board of Selectmen
Background: The situation sometimes exists where there are not enough candidates
on the ballot to fill vacant Town Meeting positions and names are written in.
Traditionally, when there is a tie write-in vote, the Town Clerk has certified the winner
based on alphabetical order. In a recent case, that process was challenged and the
Secretary of State's Office suggested that the Reading Home Rule Charter should be
amended to provide for the method of selecting the winner in such a situation.
A survey was conducted among Town Meeting Members, and the overwhelming
consensus was to fill such position by vote of the remaining Town Meeting Members of
the affected precinct.
The Charter amendment proposed would, if approved by a vote of Town
Meeting, go to the State Legislature for enactment as a "Special Act." The reason for
the action of the Legislature is that this Charter amendment changes the method of
voting for an elective office and, therefore, goes to the State Legislature for an act, rather
than going on the local ballot.
Finance Committee Report: No report.
7
Bylaw Committee Report: The Bylaw Committee recommends the subject matter of
this Article as amended by a vote of 5-0-0. The Bylaw Committee feels this Article puts
in place a formal process for breaking ties in this voting situation in an equable way.
ARTICLE 11 To see if the Town will vote to amend Section 8-10 (b) of the
Reading Horne Rule Charter by deleting in the second paragraph "in a place convenient
to the public at all reasonable times" and substituting therefore "in the office of the Town
Clerk" so that the second paragraph of 8-10 (b) reads as follows:
"These rules and minutes shall be a public record kept in the office of the
Town Clerk, and copies shall be kept available in the library."
or take any other action with respect thereto.
Board of Selectmen
Background: This proposed Charter amendment will make it clear that all multiple
member bodies (i.e., all Boards, Committees and. Commissions of the Town of Reading,
regardless of the method of creation, appointment or election) must deposit their Minutes
in the Reading Public Library and in the Office of the Town Clerk. Currently, the Charter
required Minutes to be deposited'in the Library and "in a place convenient to the public
at all reasonable times." While it a common public perception that Minutes will be
available in the Office of the Town Clerk, the Charter does not specifically say so. While
the Town may interpret, "in a place convenient to the public..." as the Town Clerk's
Office, it is better to be specific so that this interpretation is universally shared by all.
If this Article passes Town Meeting by a 2/3 vote, it will be placed on the ballot at
the Annual Town Election in 2002 for voter approval.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends the subject matter of
this Article as amended by a vote of 5-0-0.
ARTICLE 12 To see if the Town will vote to amend Section 2-12 of the Reading
Home Rule Charter by inserting in the paragraph entitled "Rules Committee" between
the words "Committee" and "consisting" the words "chaired by the Town Moderator who
shall be a non-voting member" so that the paragraph shall read in its entirety:
"Rules Committee There shall be a Rules Committee chaired by the
Town Moderator who shall be a non-voting member, consisting of the
Precinct Chairmen, whiph shall review all aspects of the operation of
Town Meeting, and make an Annual Report in writing to Town Meeting
setting forth its findings, recommendations, and proposals for rules
governing the conduct of Town Meeting."
or take any other action with respect thereto.
Board of Selectmen
8
Background: The Reading Home Rule Charter provides for a Rules Committee
consisting of the Chairmen of the eight precincts. The purpose of the Rules Committee
is to "review all aspects of the operation of Town Meting." In the 15+ years that the
Reading Home Rule Charter has been in place, the Rules Committee has met only
once. Recent discussion on the issue of Article 2 on Instructional Motions has lead to a
concern that Town Meeting needs to evaluate and consider changes in this Article in
order to provide notice to Town Meeting Members and the general public on the subject
of potential instructions by Town Meeting.
The Rules Committee appears to be the proper forum for such discussions but
without a designated Chairman, it is difficult for the Rules Committee to be called to
session and to conduct business. The Rules Committee has seldom met since the
Reading Home Rule Charter was adopted in 1986.
This Article would provide for a Reading Home Rule Charter amendment, making
the Town Moderator the permanent non-voting Chairman of the Rules Committee.
If this Article passes Town Meeting by a 2/3 vote, it will be placed on the ballot at
the Annual Town Election in 2002 for voter approval.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee does not recommend the subject
matter of this Article by a vote of 0-5-0. In the General Bylaw under Rules Committee
Section 2.2.9, 2"d paragraph reads "in the absence of a Chairman, the Moderator shall
( convene a meeting of the Rules Committee within 60 days after a vacancy for the
purpose-of-electing a new Chairman. This section addresses the proposed Charter
change set forth in this Article. The Bylaw Committee thus feels this Charter change is
not needed.
ARTICLE 13 To see if the Town will vote to authorize the Board of Selectmen to
petition the General Court to approve a Home Rule petition, pursuant to Article LXXXIX
of the amendments to the Massachusetts Constitution of the Commonwealth to
accomplish the removal of the position of Chief of Police from the provisions of Chapter
31 of the General Laws, known as the "Civil Service" provisions and such legislation
shall be generally in the following form:
Section 1: The position of Chief of Police of the Town of Reading
shall no longer be subject to Chapter 31 of the General Laws.
Section 2: Section 1 shall not impair the Civil Service status of any
person holding the office of Chief of Police of the Town of Reading
on the effective date of this act.
And, further, that the Board of Selectmen, is hereby authorized to take
all, necessary action in support of this Article; or take any other action
with respect thereto.
( Board of Selectmen
9
Background: The entire Reading Police Department, including the position of Police
Chief, falls under the State Civil Service laws. By contrast, while the Fire Department \
personnel falls within Civil Service, the Fire Chief's position has been removed from Civil
Service.
In making an appointment to the position of Chief of Police under Civil Service,
the Town has very limited options as to how to proceed and who can be considered for
the position. In the recent hiring process, because the position is in Civil Service, the
Town faced the choice of either restricting the eligible applicants to current Lieutenants
in the Reading Police Department, or going outside the Department and running the risk
of having no applicants from the Reading Police Department. By contrast, in hiring for
the position of Fire Chief, the Town was not restricted from who or how many applicants
the Town could consider, including members inside and outside of the Reading Fire
Department.
During the actual hiring process under Civil Service, the Town Manager as the
Appointing Authority was able to observe but not participate in an extensive interview
known as an "Assessment Center" to screen the Police Chief candidates. In the future,
Civil Service has ruled that the Appointing Authority will not even be able to directly view
the "Assessment Center" but will be required to rely on video tapes. The Board of
Selectmen, who have the responsibility of confirming the Town Manager's appointment
of the Police Chief, was excluded from any involvement in the Assessment Center. By
contrast, in hiring a Fire Chief under a non-Civil Service process, the Town Manager and
a member of the Board of Selectmen were able to directly participate in the "Assessment
Center" in screening applicants for the position.
Civil Service provides for certain protections of Civil Service positions including
the Police Chief's position. In the non-Civil Service alternative, the Town may execute
an Employment Agreement with the Chief which determines the terms and conditions of
the Chief's employment. In contrast, the Fire Chief's position has no Civil Service
protection and no Employment Agreement, yet the Town has had a series of very
qualified and distinguished Chiefs over the past decades. Under the current structure,
the Fire Chief is on a "leave of absence" from his prior position as a Fire Captain to
provide career protection for the individual.
The proposal to remove the Police Chief's position from Civil Service is
prospective and would not affect the current Chief. Nor is this proposal in any way a
reflection of the current or past Police Chief and the extraordinary job they have done in
the position. The intent is merely to provide for more modern hiring processes in
Reading for a very important position, in order that all of the options may be left open to
the Town to hire the very best qualified person to serve the community.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends the subject matter of
this Article by a vote of 5-0-0. The Bylaw Committee feels the change in the hiring
process as proposed by this Article would allow the Town to exercise more control in the
process. The Committee feels that this change should not lessen the stature of the
Police Chief and based on the history of hiring Fire Chiefs would not cause political
factors to influence decisions.
r
10
ARTICLE 14 To see if the Town will amend General Bylaw Section 5.3.20.2
"Action upon Non-Compliance": by changing "fifteen (15) days" to "five (5) business
days", so that Section 5.3.20.2 will read in its entirety as follows:
"Section 5.3.20.2 Action upon Non-Compliance
Upon failure, neglect or refusal of any owner or agent so notified to properly
dispose of litter dangerous to the public health, safety or welfare within twenty-
four (24) hours or within such other time as the Board of Health deems
reasonable, after receipt of written notice provided for in Subsection 5.3.20.1
above or within five (5) business days after the date of such notice in the event
the same is returned to the Town by the Postal Service because of its inability
to make delivery thereof, provided the same was properly addressed to the last
known address of such owner or agent, the Board of Health is hereby
authorized and empowered to pay for disposing of such litter or order its
disposal by the Town."
or take any other action with respect thereto.
Board of Health
Background: The change in General Bylaw Section 5.3.20.2 improves the timeliness
to protect the Public Health and Safety in removing and cleaning general filth and
commercial rubbish from abandoned commercial and private property. The following
section of the Bylaw provides for any costs associated with clean-up activities to be
charged. to the property owner, and that section will not change.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends the subject matter of
this Article by a vote of 5-0-0.
Board of Health Report: The Board of Health recommended this Article by a vote of
3-0-0 at their meeting on 9/13/01.
ARTICLE 15 To see if the Town will vote to authorize the Board of Selectmen to
accept the conveyance of a certain sidewalk easement in Reading, Middlesex County,
MA located on Franklin Street which easement is shown on a plan entitled: Sidewalk
Easement Through Private Property Portion of Franklin Street, Reading, dated July 24,
2001; to determine the minimum amount to be paid for such conveyance; and to
authorize the Board of Selectmen to accept all or any part of said rights and easements
for such amount or a larger amount, and upon such other terms and conditions as the
Board of Selectmen shall consider proper and to deliver a deed or deeds therefor if
necessary; or take any other action with respect thereto.
Board of Selectmen
Background: Over the past several years, the Town has constructed sidewalks along
Franklin Street between Main Street and Haverhill Street. The one remaining gap in this
sidewalk is between Parsons Lane and Haverhill Street. Currently, there is insufficient
11
right-of-way to construct a proper sidewalk in this location. The Town met with the
residents of this.area to determine if they would agree to donate the land necessary for
construction of a sidewalk. Of the five affected property owners, four agreed to donate
land. The fifth property has recently been sold and we will be approaching that property
owner to see if they will also be willing to donate land for the sidewalk. This Article will
authorize the Board of Selectmen to accept the easements from the owners who have
agreed to donate land.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 16 To see if the Town will vote to authorize the Board of Selectmen to
convey and/or abandon a portion of a certain drainage easement in Reading, Middlesex
County, MA located on land situated at the end of Annette Lane and Applegate Lane
which easement is shown on a plan entitled: Definitive Subdivision Plan Colburn Road
Extension dated January 16, 1985; to determine the minimum amount to be paid for
such conveyance and/or abandonment; and to authorize the Board of Selectmen to
convey or abandon all or any part of said rights and easements for such amount or a
larger amount, and upon such other terms and conditions as the Board of Selectmen
shall consider proper and to deliver a deed or deeds therefor if necessary; or take any
other action with respect thereto.
Board of Selectmen
Background: The owner of this property has requested that this drainage easement
be abandoned. This easement was originally established for the construction of a
detention basin as part of the Colburn Road Extension Subdivision. This subdivision
was approved by the Board of Survey in 1985 but was never constructed. Revised
subdivision plans in 1986 and 1989 resulted in the current lot configuration. Because no
roadway was constructed, there was no. need for the construction of the detention basin
and thus there is no need for maintaining this drainage easement. The Department of
Public Works recommends that the drainage easement be abandoned and returned to
the affected property owner. If Town Meeting approves this Article, the property owner
will prepare the necessary easement abandoning documents and petition the Board of
Selectmen to abandon this easement.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 17 To see if the Town will vote to authorize the Board of Selectmen to
convey and/or abandon a portion of a certain drainage easement in Reading, Middlesex
County, MA located on land situated at 32 Davis Lane which easement is shown on a
plan entitled: Definitive Subdivision Plan Davis Lane Reading, Mass. dated March 17,
1988; to determine the minimum amount to be paid for such conveyance and/or
abandonment; and to authorize the Board of Selectmen to convey or abandon all or any
12
part of said rights and easements for such amount or a larger amount, and upon such
other terms and conditions as the Board of Selectmen shall consider proper and to
deliver a deed or deeds therefor if necessary; or take any other action with respect
thereto.
Board of Selectmen
Background: The homeowner at 32 Davis Lane has requested that the Town abandon
an approximately 5 foot wide strip of a 30 foot wide drainage easement across the
property in order to construct an addition to the house. The Engineering Division has
investigated this easement and has determined that the abandonment of 5 feet of this
easement will not hinder the Town in the maintenance of the drainage line through the
property. Therefore, the Department of Public Works recommends that Town Meeting
authorize the Board of Selectmen to abandon this portion of the easement. If Town
Meeting approves this Article, the property owner will prepare the necessary easement
abandoning documents and petition the Board of Selectmen to abandon the portion of
the easement.
Finance Committee Report: No report.
(Bylaw Committee Report: No report.
ARTICLE 18 To see if the Town will vote to authorize the Board of Selectmen to
abandon convey and/or a certain County", MA located on lad situated at 518 Summer Avenue which ease Reading, Middlesex
ment is shown
on a plan entitled: Plan of Land in Reading Massachusetts Drain Easement 518 Summer
Avenue dated October 19, 1990; to determine the minimum amount to be paid for such
conveyance and/or abandonment; and to authorize the Board of Selectmen to convey or
abandon all or any part of said rights and easements for such amount or a larger
amount, and upon such other terms and conditions as the Board of Selectmen shall
consider proper and to deliver a deed or deeds therefor if necessary; or take any other
action with respect thereto.
Board of Selectmen
Background: An as-built drawing of the construction of an addition to 518 Summer
Avenue shows that the addition to the existing home encroaches upon the Town's
drainage easement across the property. In order to eliminate this encroachment, the
homeowner has asked the Town to abandon a portion of the easement and relocate it
on the property. Relocating the easement will not hinder the Town in the maintenance of
the drain line through the property. Therefore, the Department of Public Works
recommends that Town Meeting authorize the Board of Selectmen to abandon this
portion of the easement. If Town Meeting approves this Article, the property owner will
prepare the necessary easement abandoning documents and petition the Board of
Selectmen to abandon the portion of the easement.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
13
C,
ARTICLE 19 To see if the Town will vote to authorize the Board of Selectmen
and the School Committee to grant VERIZON NEW ENGLAND an easement, in a form
approved by Town Counsel, to be located at the J. Warren Killam School in Reading,
Middlesex County, Massachusetts to allow the placement of one electronic telephone
cabinet with a supportive concrete pad on an area consisting of approximately fifteen
(15) feet wide and twenty (20) feet long; to determine the amount to be paid for such
conveyance; and to authorize the Board of Selectmen and School Committee to convey
such easement upon such other terms and conditions as the Board of Selectmen and
School Committee shall consider proper, and take any other action with respect thereto.
School Committee
Background: The Board of Selectmen, at the request of the School Committee,
granted a license on a portion of the Killam School to construct a telephone cabinet.
The cabinet was never installed but the Town received the $5,000 license fee.
Verizon now wants to pursue the development of a larger cabinet and would like
to do so with an easement from the Town. The easement provides a clearer right to
Verizon to locate and operate this facility on the site. The School Committee has agreed
to a $10,000 payment for this easement, and has asked the Board of Selectmen to place
this Article on the Warrant for the Subsequent Town Meeting.
Finance Committee Report: The Finance Committee recommends the subject matter
of this Article by a vote of 8-0-0. The FINCOM understands that the proceeds of this
transaction will . go into -the School Department's facilities account. The FINCOM
understands that the location of the easement will not encroach on any areas of the site
that will be needed for school purposes, and that the location will also not encroach on
any area that might affect the future value of the property.
Bylaw Committee Report: No report.
ARTICLE 20 To see if the Town will vote to authorize the Board of Selectmen
to convey and/or abandon a portion of a certain drainage easement in Reading,
Middlesex County, MA located on land situated at 126 Main Street which easement is
shown on a plan entitled: Plan of Easement for Drainage Purposes from Hopkins Street
to Main Street dated March 107, and to accept the conveyance of a relocated drainage
easement on the same parcel of land; to determine the minimum amount to be paid for
such abandonment and acceptance; and to authorize the Board of Selectmen to convey
or abandon all or any part of said rights and easements for such amount or a larger
amount, and upon such other terms and conditions as the Board of Selectmen shall
consider proper and to deliver a deed or deeds therefor if necessary; or take any other
action with respect thereto.
Board of Selectmen
Background: Calareso's Farm Stand is proposing an expansion of their operation on
the Harrow's property. This expansion includes the construction of a new building over
the existing drainage easement across the Harrow's property. As part of the site plan C
approval, Calareso's will relocate a portion of the drain line and establish a new
14
easement to be dedicated to the Town. Once the new drain line is installed and
operational, there will be no need to maintain the portion of the easement under the
proposed building. The easement will not be abandoned before the new drain line is
installed. If Town Meeting approves this Article, the property owner will prepare the
necessary easement abandoning documents and petition the Board of Selectmen to
abandon the portion of the easement.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 21 To see if the Town will vote to make the following amendments to
the Zoning By-Law:
Remove all text from Section 4.4A.1. and insert the following text:
"4.4A.1. Boundaries of the National Flood Insurance Flood Management
District:
The Floodplain District shall be the boundaries of the National Flood
Insurance Flood Management District shall include those areas denoted as
Zone A (all suffixes) and Zone B as shown on the Federal Emergency
Management Agency Federal Insurance Administration Flood Insurance Rate
Map for the Town of Reading, Massachusetts in Essex County all panels
available, utilizing the most recent effective date as may be amended.
Remove all text from Section 4.4A.2. including said exhibits from the overlay district map
and insert the following text:
"4.4A.2. Applicability
Any property shown within the boundaries of 4.4A.1. shall be subject
to the requirements herein of Section 4.4. as the Floodplain District.
Remove all text in 4.4A.3. and insert the following text:
"4.4A.3. Uses Permitted in the National Flood Insurance Flood Management
District:
When this Paragraph 4.4A.1. applies, then all otherwise applicable
provisions of Section 4.4. and Section 4.5. will also apply."
Remove all text in Section 4.4.4.2., and Insert the following text:
"4.4.4.2. If any land defined in the By-Laws as being in a Floodplain District is
proven to be in fact neither subject to flooding nor unsuitable for human
occupancy because of drainage and topographic conditions, and if the use of
such land will not be detrimental to the public health, safety and welfare, the
Board of Appeals may permit buildings for human occupancy on such land in
15
accordance with the requirements of the underlying district after the necessary
proof has been presented to and reported on by the Community Planning and
Development Commission and the Board of Health."
or take any other action with respect thereto.
Community Planning and Development Commission
Background: This amendment to both the language and the map for the Floodplain
District is an administrative amendment which seeks to coordinate the floodplain area
with the existing mapping provided by the Federal Emergency Management Agency
(FEMA). FEMA maps are consistently used as a standard by authorities nationwide to
determine if properties are within a floodplain district. Currently, the determination under
zoning for the floodplain district is ambiguous and arbitrary due to the establishment of
an elevation as a control, and is thus difficult to administrate for both enforcement and
review by the Zoning Board of Appeals. This amendment changes the district to coincide
with the FEMA maps to provide consistency in reviewing lot development in the
floodplain.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends the subject matter of
this Article by a vote of 5-0-0. The Bylaw Committee feels this Article clears up confusion
in the area of floodplain by adopting the FEMA maps and language in place of the Town
maps. In certain parts of Town, the two maps treated certain parcels in Town in two
- different ways.
CPDC Report: The CPDC hearing date is scheduled for October 29, 2001.
ARTICLE 22 To see if the Town will vote to make the following amendments to
the Zoning By-Law:
Remove all text from Section 4.8. and insert the following:
4.8. AQUIFER PROTECTION DISTRICT
4.8.1. Purpose of District
The purpose of this Aquifer Protection District is to:
4.8.1.1. promote the health, safety, and general welfare of the community by ensuring
an adequate quality and quantity of drinking water for the residents, institutions, and
businesses of the Town of Reading;
4.8.1.2. preserve and protect existing and potential sources of drinking water supplies;
4.8.1.3. conserve the natural resources of the Town of Reading; and
4.8.1.4. prevent temporary and permanent contamination of the environment.
16
4.8.2. Scope of Authori!y
The Aquifer Protection District is an overlay district superimposed on the
underlying zoning districts which shall apply to all new construction, reconstruction, or
expansion of existing buildings and new or expanded uses which fall, wholly or partially
within such Aquifer Protection District. Uses prohibited in the underlying zoning districts
shall not be permitted in the Aquifer Protection District.
4.8.3. Definitions
For the purposes of this section, the following terms are defined below:
Aquifer: Geologic formation composed of rock, sand or gravel that contains
significant amounts of potentially recoverable water.
Aquifer Protection District: The zoning district defined to overlay other zoning districts
in the Town of Reading. The aquifer protection district may include specifically
designated recharge areas.
Impervious Surface: Material or structure on, above, or below the ground that does
not allow precipitation or surface water to penetrate directly into the soil. Impervious
surfaces shall include all roofs, driveways, parking areas, roadways and walkways,
regardless of the proposed surface material.
Mining: The removal or relocation of geologic materials such as topsoil, sand,
gravel, metallic ores, or bedrock.
Potential Drinking Water Sources 2: Areas which could provide significant potable
water in the future.
Recharge Areas: Areas that collect precipitation or surface water and carry it to
aquifers. Recharge areas may include areas designated as Zone II and Zone III
Toxic or Hazardous Material: Any substance or mixture of physical, chemical, or
infectious characteristics posing a significant, actual, or potential hazard to water
supplies or other hazards to human health if such substance or mixture were
discharged to land or water in the Town of Reading. Toxic or hazardous materials
include, without limitation; synthetic organic chemicals, petroleum products, heavy
metals, radioactive or infectious wastes, acids and alkalis, and all substances
defined as Toxic or Hazardous under Massachusetts General Laws (M.G.L.)
Chapter(c.) 21C and 21E and 310 CMR 30.00, and also include such products as
solvents and thinners in quantities greater than normal household use.
4.8.4. Establishment and Delineation of Aquifer Protection District
The Aquifer Protection District is delineated and established on a map entitled
"Figure 2 Town of Reading, Massachusetts Zone II and Zone III Areas" prepared by
Weston & Sampson Engineers, Inc. resulting from a study for the Town of Reading
Entitled 100 Acre Wellfield Zone II Study dated July 1996 which shows certain aquifer
17
protection areas consisting of aquifers or recharge areas. Such map is hereby made a
part of the Town of Reading Zoning By-Law and is on file in the office of the Town Clerk
and the Building Inspector's Office.
4.8.5 Boundarv Disputes
If the location of the District boundary in relation to a particular parcel is disputed,
resolution shall be accomplished by the owner(s) filing a Special Permit application with
the Special Permit Granting Authority (SPCA), the Reading Zoning Board of Appeals.
Any application for a special permit for this purpose shall be accompanied by adequate
documentation. The burden of proof shall be upon the owner(s) of the land to show
where the boundaries should be located. At the request of the owner(s), the Town may
engage a professional engineer, hydrologist, geologist, or soil scientist to determine
more accurately the boundaries of the districts with respect to individual parcels of land
and review the documentation presented by the owner(s). The SPGA may charge the
owner(s) for the cost of such investigation.
4.8.6. Use Regulations
In the Aquifer Protection District, the following regulations shall apply:
4.8.6.1. Permitted Uses
The following uses are permitted within the Aquifer Protection District,
provided that all necessary permits, orders; or approvals required by local, State or
Federal laws are also obtained:
4.8.6.1.1. conservation of soil, water, plants, and wildlife;
4.8.6.1.2. outdoor recreation, nature study, boating, fishing, and hunting
where otherwise legally permitted;
4.8.6.1.3. foot, bicycle and/or horse paths and bridges;
4.8.6.1.4. normal operation and maintenance of existing water bodies and
dams, splash boards, and other water control, supply and conservation
devices;
4.8.6.1.5. maintenance, repair, and enlargement of any existing structure,
subject to Section 4.8.6.2.
4.8.6.1.6 residential development, subject to Section 4.8.6.2.
4.8.6.1.7. farming, gardening, nursery, conservation, forestry, harvesting
and grazing, subject to Section 4.8.6.2.
4.8.6.1.8. construction, maintenance, repair, and enlargement of drinking water
supply related facilities such as, but not limited to, wells, pipelines, aqueducts
and tunnels.
4.8.6.1.9. impervious cover on property up to 15%.
18
4.8.6. 1.10. impervious cover up to 20% if a system for artificial recharge of
precipitation is provided that will not result in the degradation of
groundwater quality. Recharge plans shall comply with the DEP
Stormwater Guidelines and shall be submitted to the Town Engineer or the
applicable Board, Committee or Commission for review and approval
4.8.6.2. Prohibited Uses
The following uses are prohibited:
4.8.6.2.1. landfills and open dumps as defined in 310 CMR 19.006;
4.8.6.2.2. automobile graveyards and junkyards, as defined in M.G.L.c.
1408, §1;
4.8.6.2.3. landfills receiving only wastewater and/or septage residuals
including those approved by the Department of Environmental Protection
pursuant to M.G.L.c. 21, §26 through 53; M.G.L.c. 111, §17; M.G.L c. 83, §6
and 7, and regulations promulgated thereunder;
4.8.6.2.4. facilities that generate, treat, store, or dispose of hazardous waste
that are subject to M.G.L.c. 21C and 310 CMR 30.00, except for the
following:
4.8.6.2.4.1. very small quantity generators as defined under 310 CMR
30.000;
4.8.6.2.4.2. household hazardous waste centers and events under 310 CMR
30.390;
4.8.6.2.4.3. waste oil retention facilities required by M.G.L. c. 21, § 52A;
4.8.6.2.4.4. water remediation treatment works approved by DEP for the
treatment of contaminated ground or surface waters;
4.8.6.2.4.5. petroleum, fuel oils, and heating oil bulk stations and terminals
including, but not limited to, those listed under Standard Industrial
Classification (SIC) Codes 5171 and 5983;
4.8.6.2.4.6'. storage of liquid hazardous materials, as defined in M.G.L.c.
21 E, and liquid petroleum products, unless such storage is
(a) above ground level; and
(b) on an impervious surface; and
(c) either
(i) in container(s) or above ground container(s) within a building; or;
(ii) outdoors in covered container(s) or above ground tank(s) in an
area that has a containment system designed to hold either 10%
of the total possible storage capacity of all containers, or 110%
of the largest container's storage capacity, whichever is greater;
19
4.8.6.2.4.7. storage of sludge and septage, unless such storage is in compliance
with 310 CMR 32.30 and 310 CMR 32.31;
4.8.6.2.4.8. storage of deicing chemicals unless such storage, including loading
areas, is within a structure designed to prevent the generation and escape of
contaminated runoff or leachate;
4.8.6.2.4.9. storage of animal manure unless covered or contained in accordance
with the specifications of the Natural Resource Conservation Service;
4.8.6.2.4.10. earth removal, consisting of the removal of soil, loam, sand, gravel,
or any other earth material (including mining activities) to within 4 feet of historical
high groundwater as determined from monitoring wells and historical water table
fluctuation data compiled by the United States Geological Survey, except for
excavations for building foundations, roads, or utility works;
4.8.6.2.4.11. discharge to the ground of non-sanitary waste water including industrial
and commercial process waste water, except:
(a) the replacement or repair of an existing treatment works that will
not result in a design capacity greater than the design capacity of
the existing treatment works;
(b) treatment works approved by the Department of Environmental
Protection designed for the treatment of contaminated ground or -
surface water and operating in compliance with 314 CMR 5.05(3)
or 5.05(13);
(c) publicly owned treatment works;
4.8.6.2.4.12. stockpiling and disposal of snow and ice containing deicing chemicals if
brought in from outside the district;
4.8.6.2.4.13. storage of commercial fertilizers, as defined in MGL Chapter 128,§64,
unless such storage is within a structure designated to prevent the generation and
escape of contaminated runoff or leachate;
4.8.6.2.4.14. underground storage tanks related to the activities in Section 4.8.6.1
4.8.7. Violation Notice
Written notice of any violations of this Section shall be given by the Building
Inspector to the property owner as soon as possible after detection of a violation or a
continuing violation. Such notice shall specify the requirement or restriction violated
and the nature of the violation, and may also identify the actions necessary to remove
or remedy the violations and preventative measures required for avoiding future
violations and a schedule of compliance. A copy of such notice shall be submitted to
the Building Inspector, the Board of Health, Conservation Commission, Town
Engineer/Department of Public Works, and. Water Department. The cost of
containment, clean-up, or other action of compliance shall be borne by the owner of
the premises.
20
4.8.8. Severability
A determination that any portion or provision of this Zoning By-Law is invalid
shall not invalidate any other portion or provision thereof, nor shall it invalidate any
special permit previously issued thereunder.
or take any other action with respect thereto.
Community Planning and Development Commission
Background: This amendment is a replacement of the existing language for the
Aquifer Protection District. It also modifies the map to coincide with a recent study of the
aquifer area completed during the Water Supply Study the Town underwent last year.
The language generally mirrors the model By-law from the Department of Environmental
Protection as the preferred approach to controlling development in the district. The
major change to the language from the present language is the requirement of an as-of-
right allowance of 15% lot coverage (defined). This percentage is a reduction from the
previously allowed 20% lot coverage requirement. 20% lot coverage will be allowable if
proper stormwater treatment under the Stormwater Protection Act is provided. The uses
rendered not allowable in this amendment are generally the same uses not allowed
currently. As is the case now, if any disallowed use is in existence at present, they may
continue to operate, and changes to the said parcel would be controlled under the
requirements of the Zoning Non-Conforming By-Law which is then subject to review by
the Zoning Board of Appeals.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends supporting the subject
matter of this Article as amended by a vote of 5-0-0. The Bylaw Committee amendment
eliminated the proposed section 4.8.8 which is covered in another section of the Zoning
By-Laws.
CPDC Report: The CPDC hearing date is scheduled for October 29, 2001.
ARTICLE 23 To see whether the Town will vote to make the following
amendments to Section 5.7., Wetlands Protection, of the Reading General Bylaws:
In Section 5.7.1., to insert wildlife habitat," after "fisheries", so that this Section reads:
"The purpose of this Bylaw is to protect the floodplains and wetlands of the Town
by controlling activities deemed to have a significant effect upon wetland values,
including but not limited to the following: public or private water supply,
groundwater, flood control, erosion control, storm damage prevention, water
pollution prevention, fisheries, wildlife habitat, and wildlife."
In Section 5.7.2. concerning requests for determination, to delete the last sentence
which reads, "There shall be no charge imposed for such as request."
21
In Section 5.7.3., to delete the first sentence, which reads:
"No person shall remove, fill, dredge or alter any bank, fresh water wetland, flat,
marsh, meadow, bog, swamp, creek, river, stream, pond or lake, or any land
under said waters or any land subject to flooding, other than in the course of
maintaining, repairing or replacing, but not substantially changing or enlarging
an existing and lawfully located structure or facility used in the service of the
public and used to provide electric, gas, water, sanitary sewer, storm drainage,
public roadway, telephone, telegraph and other telecommunication services,
without filing written notice of his intention to so remove, fill, dredge or alter and
without receiving and complying with an Order of Conditions and provided all
appeal periods have elapsed.",
and to replace it with the following sentence:
"No person shall remove, fill, dredge or alter the following resource areas:
bank; fresh water wetland; marsh; meadow; bog; swamp; creek; river; stream;
pond; lake; lands under water bodies; land within one hundred feet of any of the
preceding resource areas land subject to flooding; and riverfront area,, other
than in the course of maintaining, repairing or replacing, but not substantially
changing or enlarging an existing and lawfully located structure or facility used
in the service of the public and used to provide electric, gas, water, sanitary
sewer, storm drainage, public roadway, telephone, telegraph and other
telecommunication services, without filing written notice of his intention to so
remove, fill, dredge or alter and without receiving and complying with an Order _
of Conditions, and provided all appeal periods have elapsed. Said resource
areas shall be protected whether or not they border surface waters."
In Section 5.7.4, to delete the entire section, which now reads:
"The same Notice of Intent, plans and specifications required to be filed by an
applicant under Section 40 of Chapter 131 of the General Laws will be
accepted as fulfilling the applicable requirements of this Bylaw. The
Conservation Commission may adopt and impose project review changes in
accordance with regulations adopted pursuant hereto.
5.7.4.1. The maximum fee on anyone filing will be $3,000.00.
5.7.4.2.1.1 . Town Projects are exempt from review fees under Section."
and to replace it with the following:
"The same Notice of Intent, plans and specifications required to be filed by an
applicant under Section 40 of Chapter 131 of the General Laws will be
accepted. as fulfilling the applicable requirements of this Bylaw. The
Conservation Commission may adopt and impose project review charges in
accordance with regulations adopted pursuant hereto. Town Projects are
exempt from review fees under Section 5.7.4."
In Section 5.7.5.. Bordering Vegetated Wetland, to delete the word "ditch" after the word
"intermittent" and to delete " bank thereof' and replace it with "the bank of any of the
22
preceding resource areas " in the definition of "Bordering Vegetated Wetland" so that
the definition reads:
"Bordering Vegetated Wetland: Shall include any wetland that touches any
creek, river, stream, whether permanent or intermittent, pond or lake, or the
bank of any of the preceding resource areas."
In Section 5.7.5. Buffer Zone, to delete the word "also" after the word "shall" at the
beginning of the definition and to add the phrase, "or Riverfront Area", to the end of the
definition so that the definition reads:
"Buffer Zone: Shall include land extending one hundred (100) feet horizontally
outward from the boundary of any area subject to protection under this Bylaw,
except land subject to flooding or riverfront area."
In Section 5.7.5. Ditch, to delete " bank thereof' and replace it with "the bank of any of
the preceding resource.areas " in the definition of "Ditch" so that the definition reads:
"Ditch: Shall mean any man-made trench or furrow that has not altered any
creek, river, stream, pond or lake, or the bank of any of the preceding resource
areas, or wetland."
In Section 5.7.5.. Floodplain, to delete the word, "Bordering" so that the definition reads:
"Floodplain: Shall be synonymous with Land Subject to Flooding."
In Section 5.7.5., to add a new definition between "Rare Species" and "Wetlands" to read
as follows:
"Riverfront Area: Shall be as defined in 310 CMR 10.00, as amended."
In Section 5.7.14., to delete this Section in its entirety, including sub-Sections 5.7.14.1.,
5.7.14.2. and 5.7.14.3., and to replace them with the following:
"A decision of the Conservation Commission shall be reviewable in
the Massachusetts Superior Court in accordance with Massachusetts
General Laws, Chapter 249, Section 4."
In Section 5.7.15, to delete the second sentence in the first paragraph, which reads:
"This fee is called the consultant fee and shall be in the maximum amount
of Five Thousand Dollars ($5,000.00)."
and to replace it with the following:
"This fee is called the consultant fee and shall be in the maximum amount
of Twenty Five Thousand Dollars ($25,000.00)."
23
In Section 5.7.15, to delete the second sentence in the second paragraph, which reads:
C~
"The applicant shall pay the consultant fee to the Town to be put into a
consultant services account of the Conservation Commission which may be
drawn upon by the Conservation Commission for specific consultant services
approved by the Conservation Commission at one of its public meetings."
and to replace it with the following:
"If a revolving fund for the consultant expense fee is authorized by the Town
Meeting, or by any general or special law, the consultant fee shall be put into
such revolving fund. The Commission may draw upon that fund for specific
consultant services approved by the Commission at one of its public meetings. "
and to see whether the Town will vote as follows:
"That the Town hereby accepts the provisions of Massachusetts General Laws,
Chapter 44, Section 53E Y2 for purposes of administering the consultant fee
provision of Reading General Bylaws, Section 5.7., Wetlands Protection, and
further that the Conservation Commission may expend same without
appropriation for expenses reasonably related to its duties and responsibilities
as provided above; that expenditures from same shall not exceed $50,000 in
the Fiscal Year 2002; that the Conservation Commission will report to the next
Annual Town Meeting on receipts and expenditures of the revolving fund; that
any balance remaining in the revolving fund shall revert to surplus revenue
unless otherwise voted by Town Meeting; and that the revolving fund in order to
continue in existence need be re-authorized by each Subsequent Annual Town
Meeting. "
or take any other action with respect thereto.
Conservation Commission
Background: Section 5.7.1. -The proposed inclusion of "wildlife habitat" in the list of
wetland values will make the Town Bylaw consistent with the Massachusetts Wetlands
Protection Act.
Section 5.7.2. - Due to present Town budget constraints, the Commission has been
asked to increase filing fees to help offset the expense of administering the Wetland
Protection Bylaw. In this section, the Bylaw currently prohibits a filing fee for a Request
for Determination. The proposed amendment would permit the Commission to set a fee
for this type of application. The fee would be set by amending the Town of Reading
Wetlands Protection Regulations. The Commission anticipates setting a fee of $50.00
to $100.00.
Section 5.7.3. - The effect of the proposed amendment would be to eliminate "flat", to
add "land within one hundred feet" of certain wetlands, and to add "riverfront area" to
the list of protected wetland resource areas.
Flats occur in tidal areas and do not exist in Reading. Thus, there is no need
to protect them in Reading.
24
Riverfront areas have recently been added to the list of wetland resource areas
protected by the Massachusetts Wetlands Protection Act and its accompanying
regulations. Riverfront areas include any land within two hundred feet of a stream or
river that flows throughout the year, but not smaller streams that cease flowing during
the dry season. Inclusion of this resource area would bring the Town Bylaw in line
with the State law.
Land within one hundred feet of the water body and wetland resource areas is
commonly referred to as the "buffer zone." Activities in buffer zones are likely to have
significant impacts on wetlands if not conducted carefully. Thus, both the State and
Town wetlands laws and regulations have always given the Commission jurisdiction
over work in these areas. The proposed amendment is meant to clarify this.
The final amendment to Section 5.7.3 is the addition of a new last sentence to
this section. State wetlands law only protects freshwater wetlands such as marshes
and swamps that border on a body of water. Many towns have wetlands that do not
border on a water body because they are located in isolated depressions or because
the former connection to the water body has been filled in the past for development.
The original intent of the Reading Wetlands Protection Bylaw was to protect both
bordering and isolated wetlands, and the Bylaw has always been administered in
this manner. The addition of the proposed sentence is meant to clarify this.
Section 5.7.4. - The effect of the proposed amendment is to eliminate the sentence in
subsection 5.7.4.1 that imposes a cap on the amount that can be charged as a filing
fee. Because the omission of 5.7.4.1 would leave only one other subsection, the sub-
section numbering for subsection 5.7.4.2 has also been eliminated, although the text
of the subsection has not.
The reason for the proposed amendment is again the need to increase filing fee
revenues. Under the present filing fees in the Town of Reading Wetlands Protection
Regulations, any residential subdivision with six or more houses in the buffer zone, any
multi-family residential development with seven or more units in the buffer zone, and
largo industrial or commercial developments, would typically incur fees in excess of
$3,000. Since January 1st, the Town has been prevented from collecting over $12,000
in filing fees because of the $3,000 cap in Section 5.7.4. Large projects demand
considerable time from Town staff to review plans, draft permits and monitor
construction and operation.
Section. 5.7.5., Bordering Vegetated Wetland - The proposal to eliminate the word
"ditch" from this definition makes it consistent with the definition of "ditch" that follows.
The proposed amendment of the phrase, "bank thereof', is intended to clarify that the
phrase includes the banks on any creek, river, stream, pond or lake.
Section 5.7.5. Buffer Zone - The proposed amendments will make the wording in this
definition consistent with the amended wording of Section 5.7.3.
Section 5.7.5. Ditch - The proposed amendment of the phrase, "bank thereof', is
intended to clarify that the phrase includes the banks on any creek, river, stream, pond
or lake.
Section 5.7.5., Flood lain - The amendment will make the wording
p proposed in this
definition consistent with both the existing and the proposed wording of Section 5.7.3.
25
Section 5.7.5. Riverfront Area - The proposed amendment follows from the proposed
addition of riverfront area to the resource areas in Section 5.7.3, and makes the
definition consistent with the State definition.
Section 5.7.14. - The standard route of appeal of decisions made under municipal
General Bylaws is through the Superior Court, as set forth under MGL, Chapter 249,
Section 4. The existing Section 5.7.14 sets forth an appeal process through a Town
Board of Appeals, but only for decisions in which the Commission denies "modification
to a pre-existing residential structure". (Note to the Reader - The Commission is
currently seeking answers to the following questions from Town Counsel and intends to
modify this section before it is sent to the Warrant: Is this process even legal, or does
C. 249, s. 4 govern? If it is legal, is the reviewing body the Zoning Board of Appeals or
some. other special Board of Appeals to be convened for this purpose? Would the
ZBA/BA have the technical expertise to review appeals? Is there a public hearing
process? What information and testimony and argument may the Commission and
applicant present to the BA and when and how? Can the Commission appeal the
ZBA/BA decision?).
Section 5.7.15., second sentence in first paragraph - Consulting fees have increased
since this sentence was first adopted, and the $5,000 cap is no longer sufficient to cover
typical consulting fees for large, complex projects.
Section 5.7.15., second sentence in second paragraph Any consulting fee collected
needs to be placed in a revolving fund so that consultants can be paid in a timely fashion
and so that any fee in excess of the actual amount needed can be returned to the
applicant. Without a revolving fund, such payments would have to await authorization by
the next Town Meeting. The revolving fund must be set up in accordance with
Massachusetts General Laws, Chapter 44, Section 53E1/2.
The final item on the Warrant Article is not an amendment to RGB Section 5.7,
but is necessary to create the revolving fund for consulting fees under Massachusetts
General Laws, Chapter 44, Section 53E1/2.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends the subject matter of
this Article by a vote of 5-0-0. The Bylaw Committee sees the proposed change set forth
in this Article as housekeeping to bring the Wetland Protection Bylaw in conformity with
new State law. The Bylaw Committee has recommended that this Article be presented
as two motions. The first would be to adopt the language changes and the second
would be to adopt the revolving fund.
Conservation Commission Report: The Conservation Commission recommended
the subject matter of this Article by a vote of 4-0-0 at their meeting on 9/12/01.
C
26
and you are directed to serve this Warrant by posting an attested copy thereof in at least
one (1) public place in each precinct of the Town not less than fourteen (14) days prior to
November 13, 2001, the date set for the meeting in said Warrant, and to publish this
Warrant in a newspaper published in the Town, or by mailing an attested copy of said
Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of
holding said meeting.
Hereof fail not and make due return of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said meeting.
Given under our hands this 25th day of September, 2001.
Geor. Hines, Chairman
Camille W. Anthony, Vice Chairman ,
CL
Matthew Cummings, Secretary
Rich rd W. Schubert
Gail F. Wood
SELECTMEN OF READING
Daniel W. Halloran Jr., Constable
27
ARTICLE 7
The Commonwealth of Massachusetts
Department of Education
350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-3000
October 1, 2001
Harry Harutunian, Superintendent
Reading Public Schools
82 Oakland Road
Reading, MA 01867
Dear Superintendent Harutunian:
I am writing as a follow-up to our site visit and meeting to discuss renovation plans for Reading
High School. During our visit you provided copies of feasibility studies documenting structural
issues with the existing school building and identified programmatic issues relating to growing
enrollments and Title IX issues. A number of options were presented to remediate the structural
and/or programmatic inefficiencies. Based on the information presented and our site visit, we
recognized the need for structural and programmatic improvements. However, we also
expressed reservation and the need for additional documentation in the following areas.
® Relocation of "non instructional" activities, e.g. Administrative office, REEP program, town
maintenance, etc. It is noted that in the options reviewed most if not all of these spaces that
currently are housed in the high school would be relocated. Although, in general programs
of this type could be planned or maintained in a school building paid entirely with local
funds, we could not justify approving an addition to a school building until all existing space
had been analyzed for potential reconfiguration to needed instructional space
• Expansion of Library- We would be interested in any accreditation or access issues that
would justify a library expansion.
• Expansion of Cafeteria - Since most districts in the state maintain three lunch seatings, we
could not justify state support to expand the cafeteria in order to maintain two seatings.
• Relocation of girls lockers - Although we understand that there is a Title IX issue with this
space, we would be interested in evaluating options for reconfigurations of existing space to
satisfy the Title IX issue before we could support new space.
• Reconfiguration of "old gym" into small auditorium - Since you currently have an
auditorium that seats approximately 1100 students, we could not justify state support for an
additional auditorium at this time. We would be interesting in reviewing options to utilize
this space for other academic programs.
• Additions to field house - We would be interested in other reconfigurations to accommodate
the desired athletic program within existing space, before we could support new space.
Parking - Although we have not seen a site plan for the planned project, we recognized the
limitations to the parking and traffic access on the site and would require additional information
to show how these issues might be alleviated.
28
Harry Harutunian
Page Two
October 1, 2001
Security Issues - We would be interested in what measures will be taken to secure the
buildings while maintaining access between the separate field house and the rest of the high
school services.
Additional Information Needed: In order to properly evaluate the need for renovations
and/or additions to Reading High school, we would need the following information
Rationale for Capital Construction (645-3)
Inventories of all existing school space (645-4)
• 10 year enrollment projections
• Vote to appoint school building committee
Based on the planned enrollment, the existing high school exceeds the square footage maximums
allowed in the School Building Assistance Regulations. In general state assistance could be
provided to support structural and programmatic renovation of a building that exceeded the state
allowance. However, based on the issues noted above, state assistance could not be provided to
support additions to a building designed to enlarge spaces such as a cafeteria, field house and
auditorium that already exceed the state allowance.
We would like to continue our discussions with you on your plan to renovate the high school in
I order to ensure that the project plan will be in keeping with the state school building assistance .
law and regulation and will meet the needs of Reading High School students for years to come.
Please contact us at anytime to discuss your project.
Cordially,
Christine M. Lynch
Administrator
School Building Assistance
c: Project File
29
Fee Survey
ARTICLE 8
AVERAGE
AVERAGE
EXISTING
PROPOSED
WITHOUT
WITH
READING
READING
READING
READING
ELECTRICAL PERMITS
RESIDENTIAL
New single family residential
construction - per housing unit
$100.00
$200.00
$42.86
$50.00
Condos or apartment per unit
$100.00
$200.00
$21.43
$31.25
Residential Additions/ Renovations
$0.00
$0.00
First 1.10 outlets
$10.00
$15.00
$16.25
$15.00
Each additional outlet
$1.00
$1.00
$1.00
$1.00
Fixed Appliances
$5.00
$10.00
$5.00
$5.00
Svc. Change or alterations
$20.00
$25.00.
$28.75
$27.00
Sub panels, each
$10.00
$25.00
$12.50
$12.00
COMMERCIAL
Commercial new construction and
Additions/Renovations
First 1-10 outlets
$10.00
$25.00
$27.50
$24.00
Each additional outlet
$1.00
$5.00
$5.67
$4.50
Fixed Appliances
$5.00
$20.00
$21.67
$19.29
Service. Change or alterations
1 phase service
$25.00
$50.00
$0.00
$5.00
3 phase service
$50.00
$100.00
$0.00
$6.25
subpanels
$15.00
$25.00
$17.50
$16.67
MISCELLANEOUS
Alarms
$25.00
$50.00
$15.00
$16.67
Central AC-Residential
$25.00
$50.00
$26.00
$25.83
Central AC-Commercial
$50.00
$75.00
$30.00
$33.33
Swimming Pools In-ground
$50.00
$100.00
$44.17
$45.00
Swimming Pools Above Ground
$25.00
$50.00
$40.00
$37.86
Temporary Service
$25.00
$50.00
$23.00
$2133
Special Equipment Commercial
$10.00
$20.00
$20.00
$15.05-
Pre-Securing Service
$10.00
$20.00
$20.00
$15.00
General Fees
Re-Inspection Fee
$25.00
$25.00
$17.50
$18.57
Late Filing Fee (per 5 working days)
$25.00
double initial fee
$8.33
$12.50.
Lost Permit
$25.00
$25.00
$0.00
$12.50
30
Fee Survey
i
ARTICLE 8
AVERAGE
AVERAGE
EXISTING
PROPOSED
WITHOUT
WITH
READING
READING
READING
READING
Building Permit Fees
$10 per $1000 of
New Construction (including
value of
additions) for residential
$8 per $1000 value
construction - $75
$10.16
$10.00
$11 per $1000 of
New Construction (including
value of constructin
additions) for commercial
$8 per $1000 value
- $150 minimum
$11.50
$11.50
$20 plus $5 per
$25 plus $5 per
Demolition
$1000 value
$1000 of value
$28.57
$25.00
Permit Renewal Residential
$25/year
$25/year
$3.57
$3.13
Permit Renewal Commercial
$50/year
$50/year
$7.14
$6.25
Certificate of Occupancy
$50
$50
$21.43
$25.00
$11 per$1000 of
value of
$1.00ft./$1,000
construciton - $100
Signs
valuation
minimum
11.50/1000
$0.00
$10 per $1000 of
value of
construciton - $25
Re-roofing, siding, porch,deck,shed
$25/$1,000
minimum
$7.86
$6.88
31
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NO. 518 SUMMER AVENUE
AS-BOIL T ARTICLE 18
IN
REA DING, MA SS.
MIDDLESEX SURVEY INC. LAND SURVEYORS
.131 PARK STREET NORTH READING, MA. 01864
SCALE: l-- 60' DA TF• MAY 30, 2001
GRAPHIC SCALE
60 0 30 60 120 240
( IN FEET )
1 inch = 60 ft.
N~ 42' 40
~d0.65,
NOTE: PROPERTY LINE & EASEMENT -
NFORMATION TAKEN FROM PLAN
OF LAND IN READING MA.
DRAIN EASEMENT 518 SUMMER AVE
PLAN NO. 209 OF 1992
BK. 21871 PG. 524.
ELEV. TOP OF FOUND. =212.80'
DATUM: READING SEWER BASE
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36
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38
Community Preservation Act Study Committee
Report To The Board of Selectmen
Study Phase: June to September 2001
1.0 Executive Summary
1.1 Committee's Overview
Since its initial meeting on May 15, 2001, the Community Preservation Act (CPA) Study Committee has
met to evaluate adopting the Community Preservation Act, including its potential advantages and
disadvantages, for the Town of Reading. To this ends we have met with various town boards and committees
as well as with members of the general public. This report suminarizes our findings and presents the
Committee's recommendation to the Board of Selectmen (BOS) in Section 1.2. In order to make this report
a "stand alone" document that can be used as a resource to review the presently foreseen CPA-related needs
of the town, a number of representative supporting documents are included in the appendix to this report.
As created by the BOS, the CPA Committee is comprised of a representative from each the following
committees/commissions: Conservation, Community Planning & Development, Finance, Recreation,
Historical, and from the Reading Housing Authority and Board of Selectmen. In addition, two members at
large were appointed to constitute a nine-member co mnittee.
The Committee has carefully evaluated the material that was presented to us, and our recommendation is
based upon a number of factors affecting the town as a whole. These factors are discussed in detail in the
various sections of this report. Perhaps the most; significant is that the CPA should be evaluated in
conjunction with all of the financial needs and opportunities of the town.
1.2 Committee's Recommendations Regarding The CPA
The Community Preservation Act Study Committee''recommends the placement on the warrant for the 2001
Subsequent Town Meeting an article to accept the Community Preservation Act. Consideration of
acceptance of the CPA will allow Town Meeting and the voters of the community to consider the needs
addressed by the CPA along with other pressing financial needs of the community.
The CPA Study Committee recommends that the motion under this article include:
® an exemption of the first $100,000 of assessed valuation; and
m the exemption for property owned and occupied by persons who would qualify for low income
housing and low to moderate income senior housing; and
® a 1 percent surcharge.
The committee strongly recommends that the CPA be considered as part of a comprehensive plan to address
the town's financial needs.
If the town adopts the 1 percent surcharge and the exemptions listed above, the average residence in
Reading would pay approximately $24 in additional property taxes per year. The committee feels that this
is an acceptable increase given the need to fund affordable housing, historic preservation, and open space,
including recreation areas.
1.3 Timeline Of Important Dates
The CPA can be accepted inleading by two routes:. l) approval by Town Meeting and the electorate or 2) a
local ballot question petition. This committee was charged with investigating the first route, i.e., whether the
39
Board of Selectmen should place the CPA before Town Meeting to decide if the issue will then be placed on
the ballot for the next election.
The next local election in Read rig is on April 2, 2002. To appear on the ballot in the April 2002 electio.,,,
the CPA must be voted on during the town meeting currently scheduled for Nov. 13, 2001 or at a special
town meeting at least 35 days prior to the April election.
2.0 Provisions Of The Community Preservation Act
2.1 General Outline And Purposes
The CPA is a Massachusetts statute, signed into effect on September 14, 2000, that allows local cities and
towns to collect a surcharge on the conununity's local property tax in an amount up to three percent. In
addition, the state provides matching funds from a state Community Preservation Trust Fund, which is
funded by increased Registry of Deeds fees. As described below, matching funds will vary depending upon
the revenue collected and the number of towns enacting the CPA.
2.2 Permitted Uses For CPA Funds
Under the CPA, cities and towns may spend collected revenues on open space, historic preservation, and
affordable housing, with at least 10 percent of arurual CPA revenue to be spent in each category. No money
in any of the three categories may be spent on maintenance. Up to five 5 percent of the funds may be used
for administrative purposes.
Open space
Open space funds may be used for a variety of projects, including matching funds available under
grants such as state self-help programs. Appropriate uses include buying land or interests in land for
resource preservation, scenic views, greenbelts, trail systems, and enhancement of passive or active
recreational opportunities. C
® Recreational use
Recreational use includes purchasing or, improving land for community gardens, trails, and
noncommercial youth and adult sports, or the use of land as a park, playground, or athletic field.
Money for active recreational use must come from the remaining 70 percent of funds after at least
the first 30 percent is designated for open space, historic resources, and community housing.
® Affordable housing
CPA funds may be used to create and preserve community housing for low income individuals and
families and low to moderate income senior citizens. The CPA mandates the adaptive reuse of
existing buildings or construction of new buildings on previously developed sites, where possible.
® Historic Resources
CPA funds may be used for the purchase, restoration, and rehabilitation of historic structures and
landscapes. Historic structures and landscapes may include "a building, structure, vessel or real
property that is listed or eligible for listing on the state register of historic places or has been
detennined by the local historic preservation commission to be significant in the history, archeology,
architecture or culture of a city or town."
2.3 Permissible Options Within CPA
The town may implement any percentage of surcharge up to 3 percent. The town may also exempt the first
$100,000 of valuation on residential properties and on property owned and occupied by a person who w(
qualify for low income housing or low or moderate income senior housing. \
40
2.4 Duration of Commitment
The level of the CPA surcharge and the allowed exemptions may be changed at any time after the act is
approved in the same manner in which it was approved, e.g., Town Meeting and voter approval. The CPA
remains in effect for a minimum of five years from the date of approval. After five years, it may be revoked
in the same manner in which it was approved. The surcharge, however, would remain in effect until all
obligations incurred under the CPA have been met.
2.5 Origin and Distribution Of State Matching Funds
The Commonwealth has created the Community Preservation Trust Fund through new fees at the Registry
of Deeds and Land Court. State officials estimate $25 million will be raised annually. Eighty percent of
that amount would be allocated in the first round among all the communities that adopted the CPA so that
each community would have the same percentage snatch. The amount of the match would depend on the
number of communities adopting the CPA. A second round match (20 percent or an estimated $5 million)
would go to communities with a lower economic base and/or a smaller population, and a third round match
would occur if funds remained in the trust fund after the first two rounds. Only towns that have adopted the
full3 percent surcharge would be eligible for the second and third rounds. A town's match shall be not less
than 5 percent, nor greater than 100 percent of the amount raised locally.
An estimate of the first round matching fiinds is shown below. The table assumes Reading adopts both
exemptions and shows the estimated state match at 1 percent, 2 percent, and 3 percent surcharges. (Thirty-
one towns had adopted the CPA as of August 6, 2001.)
No. of
Communities
Adopting CP.A
Estimated State
% Match
First Round
Matching Funds at
1% Surcharge
First Round
Matching Funds at
2% Surcharge
First Round
Matching Funds at
3% Surcharge
35
100
$193,000
$386,000
$579,000
50
70
$135,000
$270,000
$405,000
100
35
$68,000
$135,000
$202,000
200
17
$33,000
$66,000
$98,000
351
10
$19,000
$39,000
$58,000
State matching fiends would be available each October 15 for those communities that have adopted the CPA
and have collected the surcharge for any portion of the previous fiscal year. For example, if voters adopted
the CPA in the spring of 2002 and the surcharge were collected during the fiscal year ending June 30, 2003,
the initial matching fiends would be distributed on October 15, 2003.
2.6 Local Management of Funds
Concurrently with the acceptance of the CPA and approving the surcharge percentage, Town Meeting will
be asked to adopt a by-law establishing a Community Preservation Committee (CPC). The Committee of
five to nine members, including members of five standing committees (conservation, historical, plarming,
parks or recreation, housing authority),. would study all aspects of community preservation in Reading. The
CPC would then develop and recommend a program consisting of long- and short-term goals and needs and
criteria for evaluating acquisitions/projects, prioritize the needs and estimate their costs. The CPC would
also develop a financial plan, which would include a multi-year revenue and expenditure forecast. The
program and financial plan would be updated annually.
41
Each year the CPC must make recommendations to Town Meeting in the form of an annual community
preservation budget. The CPC may propose appropriations or propose that funds be set aside for later
spending for specific projects or categories of projects. All appropriations or set-asides must be approved
Town Meeting. Town Meeting may reduce or reject any recommended amount. It may not increase u
recommended amount or appropriate CPA funds without a recommendation from CPC.
As stated previously, at least 10 percent of the available funds must go to each of the three categories of
projects. CPA funds can be used for annual outlays or to pay debt service or may be reserved for a specific
category of projects. Five percent of the funds may be used for administrative and operating expenses of the
fund.
3.0 Individual Commissions' Needs Analyses
3.1 Open Space
3.1.1 Proposed Uses For The Funds
Reading's 2000 Open Space and Recreation Plan survey revealed strong support for the acquisition of
additional open space (see Appendix). By 76 percent or larger majorities, residents agreed that the town
should acquire more open space for ball fields and playgrounds, for watershed protection and wildlife, and
for passive recreation. Sixty-three percent of the 740 respondents (including 54 percent of seniors) would
be willing to pay more taxes for the purchase of open space. Respondents indicated that the preservation of
open space is necessary to maintain the quality of fife and the aesthetic character of Reading.
The CPA revenue could be used to purchase open space. Priority should go to lands shown as "land of
concern" on the Open Space Action Plan map in the Open Space & .Recreation Plan - 2001. In addition,
CPA funds could be used for the development (parking, trails, picnic tables, etc.) of open space. /
3.1.2 Missed Opportunities Due To Lack Of Funding
The town has already missed out on significant land acquisition opportunities due to lack of funding. For
example, Longwood Poultry Farm is one of the largest remaining undeveloped parcels of land. The town
missed the opportunity to purchase this land when the price was $2.1 million and it had the right of first
refusal to purchase under Mass. Gen. Laws Chapter 61A Agricultural and Horticultural Land. The
estimated additional impact to the town at the time, if it were developed, was an additional 50 single-family
houses, which could add 100 school students and have an impact to the school system of $500,000 per fiscal
year.
3.1.3 Alternative Sources Of Funding
The primary alternative source of funds for open space acquisition is the state's Self-Help program. This
competitive grant program offers partial reimbursement for open space acquisitions (up to $250,000). A
point system is used to rank proposed projects. Communities that have passed the CPA or that have
overridden their debt limit for open space purchases within the past two years receive bonus points - hence
Reading could be effectively ineligible for Self-Help grants if it does not pass the CPA. Town Meeting
must approve full project costs prior to, and regardless of whether the town receives, a grant award. The
state also offers several highly competitive greenways and trails grants in the $5,000 to $50,000 range.
A project-specific debt exclusion is another alternative. A debt exclusion would require a town-wide vote,
whereas a CPA acquisition would only require a vote of the CPA committee and of Town Meeting. There
would be no state match unless a Self-Help (or some other) grant was also awarded.
Q
42
3.2 Recreation
3.2.1 Proposed Uses For The Funds
CPA funds would likely be used to preserve, enhance, and procure additional active and passive recreation
spaces in the Town of Reading. Recreation space, access to recreation areas and limited parking at existing
recreation areas limits the availability and use of existing recreation lands. Procuring adjacent lands to
existing passive and active recreation facilities could' make bikeways and walking trails possible. Procuring
new spaces would provide new active and passive recreation opportunities distributed outside of the existing
larger open space and recreation areas like Town Forest and Birch Meadow. These new spaces could put
open space and recreation facilities within walking distance of those residential areas that currently have
few or only small recreation facilities in their neighborhoods.
3.2.2 Missed Opportunities Due to Lack of Funding
The missed opportunity at Longwood Poultry Farm is an excellent example of a property that the town
might have been able to purchase had CPA-type fielding been available. The land near West Street had
great possibilities for providing active and passive recreation and would serve a neighborhood that currently
has relatively little open space and especially little active recreation fields.
The town had a similar opportunity to procure the smaller Spence Farm property also on the west side of
town. Again, the lack of fiends for procurement of the property limited the potential for preservation and
conversion of some of the open, but private, space into open public space.
Opportunities to procure new open and recreation spaces have a very limited time frame. As in the case of
Marion Woods, it is sometimes necessary to seek the cooperation of a non-profit organization to first
purchase and hold the land for a period until the town can develop a sound funding mechanisms. This is an
awkward way to preserve and protect the open space and recreation character of our town.
3.2.3 Alternative Sources of Funding
The only alternative source of funding for the Recreation Committee is through increased user fees for the
use of fields or clinics sponsored by the Recreation Committee. The Committee already uses these funds to
repair and maintain playgrounds, build new active recreation areas like the new Symonds Way Field, and
other small capital projects. These current fees are provided by the active recreation participants. These
participants may be willing to pay more for more active recreation space, but are less likely to willingly
accept new fees for procuring passive recreation lands or open space.
3.3 Conservation
3.3.1 Proposed Uses For The Funds
The use of CPA funds for conservation initiatives are threefold: land acquisition, passive use development,
and education.
With respect to land acquisition, a build-out analysis of Reading in Spring 2000 by the Executive Office of
Environmental affairs estimated over 700 additional:, developable lots in the town (see Appendix). An Open
Space Action Plan map also identifies particular areas of concern (see Appendix). With CPA fiends, those
areas most in need of protection could be acquired before they are developed.
CPA funds could also be spent on passive use development, such as establishing picnic areas, trails, and
paths, and malting conservation areas accessible to individuals with disabilities. In an open space survey in
2000, the top five priorities in conservation and recreational activities selected by residents were bike trails,
43
l
hilcing/nature trails, conservation areas, family picnic areas, and bird watching/wildlife habitat. Possible
sites for passive use are listed in the document "Potential Areas for Greenways/Trails/Patlis" and include
Bare Meadow, Lobs Pound Mill/Marion Woods, 'Kurchian Woods, and the Thel n Bird Sanctuary
Appendix).
Education efforts funded by the CPA could include maps, surveys, signs, and boundary markers. Many of
the current trail maps are decades old. Comprehensive, up-to-date mapping of conservation sites and trails
would greatly improve access and encourage passive use of these areas. Clearly marked signs and
boundaries would also contribute to the public's use of these areas as well as discourage destruction of the
areas.
3.3.2 Missed Opportunities Due To Lack Of Funding
Had the town purchased Longwood Poultry Faun, wetlands to the north and south of the parcel could have
received permanent protection, and the town would have had the opportunity to make a greenway
connection from the Aberjona River area to the Ipswich River corridor.
Other lost opportunities include Spence Farms (previously a 61A property, on which the town voted not to
exercise its right of first refusal by matching the proposed purchase price), the parcel now known as Sunset
Rock that abuts Town Forest, and 379 Haverhill Street, the site of the present Timothy's Place subdivision
that abuts North Cedar Swamp.
3.3.3 Alternative Sources of Funding
Currently, the town has allocated no funds in its budget to the Conservation Commission for land
acquisition, passive use development, or citizen education. The Commission depends upon donations of
land and tax title transfers. The Commission also enlists the assistance of Boy Scouts and Girl Scouts,"
occasionally initiate projects for improvements to Reading conservation areas.
While there are several public and private grants' available for conservation initiatives, most, if not all,
grants to assist in purchasing land require the town to put up matching funds. Having CPA funds available
to use as matching fiords would assist the town in being able to qualify for grant money.
3.4 Historical
3.4.1 Proposed Uses For The Funds
Using a CPA surcharge to preserve Reading's historic public and private properties would be an investment
with many tangible returns. Restoring such properties for new uses has been proven to be generally more
cost-efficient, energy saving, and environmentally friendly. And what's more, saving the town's rich
architectural heritage enhances a sense of continuity and community. That feeling of "rootedness" creates a
climate for long-term investment by merchants and residents. hi other words, money spent on historic
preservation pays for itself.
CPA money could be spent on historic town property for restoration of historic features beyond routine
maintenance. Exarnples: (1) If a roof needs replacing, CPA money could be used to upgrade the roof to
historically appropriate slate (which can last up to 100 years); (2) In revitalizing downtown, the historic
character of the area could be preserved by using CPA money for such amenities as decorative lighting,
markers, etc, items not funded by state highway grants; (3) In converting a public property to new use, the
historic characteristics, such as ornate molding or lighting, could be restored with CPA money.
44
CPA money would help the town win matching grants from Mass. Preservation Projects Funds, which are
designated for public properties. It could also provide funds for preservation projects benefiting the public
that are undertaken by nonprofit organizations (such the Reading Antiquarian Society or scouting groups).
Examples: (1) A recreation of Lob's Pound Mill on the Ipswich River as a historic site, or (2) Construction
of visitor signs to historic and conservation areas, such as Marion Woods. One way that CPA money might
have been used recently would have been to compensate the town for selling a housing lot at a loss to help
save the 1711 Foster-Emerson house by allowing it to be moved, thus avoiding destruction.
CPA funds could be used as loans, grants, or property tax breaks given to commercial operations that restore
a historically designated property. Such programs have successfully worked in Boston (Historic Home
Works) and federal government. .Exainple: A merchant's building on the town list of historical structures
could be given a multi-year "holiday" on property taxes if town-approved restoration is done on the
building; CPA money would make up for the lost property tax.
Privately owned historic structures can be restored. with CPA funds if they are locally or state listed as
historically significant. For example, a low-interest loan or grant program could be set tip for Reading
residents to draw upon to restore historic homes or barns.
3.4.2 Missed Opportunities Due To Lack Of Funding
One need only imagine Reading without its Common, old churches, train depot, historic commercial
buildings, recycled school buildings, established neighborhoods, and landmarks such as the Parker Tavern
to understand how historic properties provide a sense of place, a sense of character - a unique identity. And
yet so much has been lost, from old schools to Lob's Pound Mill to Victorian commercial buildings.
,Imagine, for instance, what south Main Street might`have looked like if preservation funds had been used to
maintain a historic character to the street. And then compare that to the town purchasing the only remaining
undeveloped land along the Ipswich River (currently known as Marion Woods), an eight-acre property that
was likely the training ground for the town's colonial militia. Historic preservation needs more than private
money and initiative. Public funds are critical to maintain community character and can serve as a tool for
effective planning of future growth.
3.4.3 Alternative Sources of Funding
• The town now allocates about $1,000 a year (or less) for the Historic Commission operations.
• Some grant money remains from the 350`x' Celebration.
• State grants are available for certain historic projects but require matching town money (such as
CPA funds).
3.5 Affordable Housing
3.5.1 Proposed Uses For The Funds
The need for affordable housing in Massachusetts is considered of epidemic scale. M.G.L. Ch. 40B (Low
and Moderate Income Housing) places pressure on suburban cities and towns to meet their requirement of
10 percent low or moderate income housing and gives incentives to developers to increase the density of
residential projects which contain a minimum affordable component. Currently, the town has an inventory
of less than 5 percent affordable housing units.
The Reading Housing Authority would plan to create additional affordable housing units in the town if CPA
funds became available. The RHA could leverage each $100,000 in CPA fiends into anywhere from two to
twelve units of affordable housing each year. The following are examples of how the funds could be
allocated in the creation of new affordable units.
45
(A) In order to purchase existing units, the rent for which would support themselves, the RHA needs a
$20,000 subsidy per unit. ($100,000 would create five additional units.)
(B) Construction on donated land would require a subsidy of $10,000 per unit. ($100,000 creates
new units). \
(C) Construction on purchased land requires a $50,000 subsidy per unit. ($100,000 creates two units.)
(D) Moving a donated house to donated land and purchasing three rental units would require subsidies
of $5,000 to $10,000 per purchased rental unit. ($100,000 would yield 12 new units.)
(E) Moving donated houses to purchased land''and retaining them as rental units requires a subsidy of
$40,000 per unit. ($100,000 would create two new units.)
In summary, the RHA could leverage each $100,000 in CPA fw-ids into anywhere from two to 12 units of
affordable housing each year. In special circuinstances, such as Spence farm or combining with
Federal/State grants, the RHA could leverage $500,000 into 20 to 40 units or more. The variety of
opportunities are wide and the ability to be ready) to react when one presents itself, with available CPA
funds, would be of great importance.
3.5.2 Missed Opportunities Due to Lack of Funding
The- RHA has attempted in many instances to acquire new property for the purpose of creating new
affordable housing in Reading. The following are a list of some of the projects considered by the RHA that
were unsuccessful. The overriding cause for the failure of these projects is high costs that make projects
financially untenable for the Authority. CPA funds could have a great positive impact on the viability of
such projects:
(A) Haven Street. The RHA attempted to purchase a single-family house on Haven Street. Conclusion:
The house had structural problems and owner would not adjust price.
(B) House off Summer Avenue. A homeowner, offered donation of his house scheduled for destruc
off of Summer Avenue. Conclusion: RHA could not obtain land before razing scheduled.
(C) Sixteen-unit apartment building on Main Street. RHA arranged financing to purchase building and
pay for upgrading. Conclusion: The Seller :raised price several times over his original amount until
it was financially unpalatable for the RHA.
(D) Expansion of Tannerville for Assisted/Supportive Care units. The RHA attempted to obtain
cooperation of the Department of Housing and Community Development (DHCD) to add four units
at Tannerville and renovate another 16 unit's, all to be used for Supportive Care. Conclusion: DHCD
would only provide $150,000. They are very supportive and will attempt to aid in other ways. The
RHA is still working on this project.
(E) Spence Farm and Longwood Poultry Farin. The RHA had hoped to construct an over-age 55, low
income housing area (separate homes which could be rented, sold on an endowment basis, or sold
with a deed restriction, which keeps it affordable). If CPA fiords were combined with the required
linkage the developer must provide if, zoned as a Planned Residential Development or PUD, this is
doable. A portion of the Longwood Farm parcel could provide 20 to 40 badly needed units of
elderly/handicapped affordable housing. These tracts were available to the town for purchase for
some time, however there was no funding available for purchase of either. Conclusion: Both parcels
appear now to be under agreement with private purchasers and the window for town/RHA purchase
appears closed.
3.5.3 Alternative Sources of Funding
The primary source of funding the RHA has used for creating more affordable housing is mortgage funding.
This requires that the cost of purchasing a unit be completely supported by the affordable rent mane` 4
under the law. In addition, additional units or funds have been and can be added to the town's inve
46
through the Comprehensive Permit Process (Ch. 40B) and the town PUD and linkage bylaws. A large
project with linkage of affordable units perhaps provides our best chance to increase our affordable housing
inventory by a large amount. The RHA is currently in the process of exploring a partnership for expansion
of new subsidized elderly units at Sanborn Place (a HUD 202 project). The RHA also routinely applies for
grants for new projects. The RHA and the town have, applied again this year for a Community Development
Block Grant. Our lack of success at significantly increasing the amount of affordable housing in Reading is
apparent. We have not substantially increased the amount of affordable housing inventory through these
sources to date.
4.0 Financial Considerations
4.1 Potential amount raised under CPA
The CPA allows a town to levy a surcharge of up to 3 percent of the real estate taxes on a property. The
amount of revenue generated is shown below. The 'CPA also allows the town to grant exemptions for the
first $100,000 of valuation on residential properties; and for certain low income housing. The amount of
revenue generated with both of these exemptions in place is also shown below.
Increase in Tax Levy
No Exemptions
Exemptions for First
$100,000 & Low Income
1%
$302,000
$193,000
2%
$603,000
$386,000
3%
$905,000
$579,000
4.2 Cost To Reading Taxpayers Under Each O'ption
Assuming a residential property with a valuation of;$280,000 and the FY 2001 tax levy of $13.51/$1,000,
the cost of a CPA surcharge to this Reading taxpayer is shown below for various options.
Increase in Tax Levy
No Exemptions
Exemptions for First
$100,000 & Low Income
1%
$38
$24
2%
$76
$49
3%
$113
$90
5.0 Benefits Of Implementing CPA
The principal benefit of implementing the Community Preservation Act is that it raises revenue for three
critically under-funded needs of the town: open space, historic preservation, and affordable housing. While
the CPA study committee cannot state with precision how funds raised by a CPA surcharge would be spent
or how much the town would receive in matching fiends from the state, there is a demonstrated need for
additional hinds to protect open space, preserve historic areas, and create affordable housing, as discussed in
prior sections of this report. In addition, studying the opportunities the town has lost, also detailed above,
demonstrates the costs of failing to adequately fund a plan to support the interests outlined in the CPA.
Whether the town chooses to spend CPA funds on buying open space acres, preserving historical structures,
building new ball fields, or creating affordable housing units, history makes clear a ready source of funds
earmarked for such projects would be invaluable. Specifically, having CPA fiends available would allow the
town to move quickly and decisively when opportunities arise without the uncertainty and delay inherent in
relying on a debt or capital exclusion vote for funding.
47
Funding projects through the CPA also reduces the cost to the town by providing access to state matching
funds and priority consideration under a number of. grant programs. In fact, failing to adopt the CPA could
disqualify the town from receiving grants .that give preference to towns adopting the CPA.. In additi(
receipt of state matching funds is guaranteed; the town will not have to compete with other towns for sta.-
approval of projects. Local control is maintained.
The creation of affordable housing is, perhaps, the area where the benefits of the CPA are most strongly
needed. If the town fails to make substantial headway towards meeting its affordable housing goals, it is
subject to a loss of funding as well as increased use of comprehensive permits (see Appendix) that cause the
town to lose control of development.
i
Finally, the conunittee believes, given the status of the town's finances, it is unlikely projects in the areas
covered by the CPA would be funded from the operating budget. Passing the CPA would allow residents to
support these types of projects independent of the operating budget and be assured the funds could not be
spent in other ways that they have not approved.
6.0 Drawbacks To Implementing CPA
The conunittee also notes there are some limitations to the CPA that could make it less attractive to voters
and the town. First, there is some uncertainty over the exact amount of matching funds the town would
receive under different scenarios. Nevertheless, the town would benefit from adopting the CPA as soon as
possible in order to take advantage of a larger' percentage of matching funds while relatively few
communities must share the funds.
In addition, the funds collected could only be used for CPA purposes and could not be used for maintenance
or as part of the general operating budget. This may also be seen as a benefit for voters who choosE
support the CPA and its purposes and do not wish the funds to be used in other ways.
Perhaps the most significant drawback to attempting to adopt the CPA at the current time is the uncertainty
that Town Meeting and/or the voters will support the CPA, given the town's financial situation and
competing interests for additional fiinding. To address this concern, the committee recommends the CPA be
presented to the town's citizens as part of a comprehensive financial plan to address all of the town's
interests.
In addition, there is the obvious concern that, because the CPA surcharge is a tax increase, it is an added
financial burden on the residents of the town. By adopting the exemptions for low income housing and the
first $100,000 of assessed property value, this burden can be lessened. Further, if the town adopts the 1
percent surcharge, the average residence in Reading would pay approximately $24 per year, which the
voters may find acceptable given the need to fund open space, including recreational areas, historic
preservation, and affordable housing.
7.0 What Other Towns Have Done
As of August 6, 2001 thirty-one cities and towns have passed the CPA. Those nearest to Reading include
Boxford, North Andover, Bedford and Carlisle. Another twenty-one cities and towns have placed the CPA
on the ballot for, an upcoming election. These include Beverly, Malden, Saugus, and Waltham. North
Andover was the first town to tap CPA funds when it approved the $1.51 million purchase of 27-acre Carter
Hill, a mix of woods and rolling hay fields that drains into the town's sole source of drinking water.
;48
8.0 Additional Sources of Information
The following web sites contain additional information about the CPA.
+ Mass. Executive Office of Enviroiunental.Affairs:
www.state.ma.us/eilvir/cpa/cominunitypreservation.htin
• Mass. Dept. of Revenue, Division of Local Services: www.state.ma.us/dls/publ/bullidx.htm
• Community Preservation Coalition: www.c'omuniWrescivation.org
• The Trust for Public Land: www.tl2l.org/CPA
9.0 Appendices
The following documents are appended to, and become a part of, this report. The first three are from the
Internet. The following five documents have been extracted from the more comprehensive studies and
reports that were discussed with the Committee at :its regular meetings. It is believed that these documents
capture the main points of the previous presentations. Finally, the document on comprehensive permits was
prepared specifically for this report.
• CPA Passed at ballot Election (table from The Trust for Public Land, www.tpl.org/cpa)
• CPA on the ballot - Upcoming Election (table from The Trust for Public Land)
• Status of Community Preservation Act Adoption (map from The Trust for Public Land)
• Executive Sununnaq of the Open Space and''Recreation Plan - 2001
• Open Space and Recreation Plan Survey Spring 2000 (2 pages)
• "Open Space Action Plan" map from Open Space and Recreation Plan - 2001
+ Conservation Commission; Criteria For Open Space, Adopted December 16, 1992)
+ Potential Areas for Greenways/Trails/Paths :
+ Comprehensive permits definition and examples
Submitted to The Board of Selectmen and the Town of Reading by the Community Preservation Act S~.
Committee, October 12, 2001.
The Committee:
Citizen:
Conservation Commission:
Board of Selectmen:
CPDC:
Finance Commmittee:
Historical Commission:
Housing Authority:
Recreation Committee:
Citizen:
Paul Dustin, Chairman
Patricia Lloyd, Vice Chair
Richard Schubert
Richard Howard
Andrew Grimes
Virginia Adams
Tim Kelley
Jack Downing
Kim Honetschlager
50
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51
Status of Community Preservation Act Implementation
CPA Passed at Ballot Election
Community -
Surcharge
Exem ti6W
Election
Amherst
1.0%
Low income, first $100,000
Aril 03, 2001
A uinnah
3-0%
First $100,000
May 09,.2 01
Ayer
3.0%
Low income
Aril 23, 2001
Bedford
3.0%
Low income, first $100,000
March 10, 2001
Boxford
3.0%
Low income, first $100,000
May 15, 2001
Carlisle
2.0%
Low income, first $100,000
May 22, 2001
Chelmsford
0.5%
First $100,000
Aril 03, 2001
Chilmark
3.0%
Low income, first $100,000
Aril 25, 2001
Cohasset
1.5%
Low income, first $100,000
Aril 07, 2001
Dracut
2.0%
Low income
Ma 07, 2001
Duxbury
3.0%
None
March 24, 2001
Easton
3.0%
Low income, first $100,000
Aril 24, 2001
Georgetown
3.0%
Low income, first $100,000
May 14, 2001
Hampden
1.0%
First $100,000
Ma 07, 2001
Harvard
1.1 %
None
Aril 03, 2001
Hingham
1.5%
Low income, first $100,000
Aril 28, 2001
Holliston
1.5%
Low income, first $100,000
May 22, 2001
Hopkinton
2.0%
Low income, first $100,000
May 21, 2001
Marshfield
3.0%
Low income, first $100,000
Aril 28; 2001
Medway
3.0%
Low income, first $100,000
May 07, 2001
Nantucket
3.0%
All three
Aril 03, 2001
Norfolk
3.0%
Low income, first $100,000
May 01, 2001
North Andover
3.0%
Low income, first $100,000
March 20, 2001
Rowley
3.0%
Low income
Ma 08, 2001
Southampton
3.0%
First $100,000
May 07, 2001
Stow
3.0%
Low income, first $100,000
Ma 15, 2001
Sturbridge
3.0%
First $100,000
Aril 09, 2001.
T n sborou h
3.0%
Low income, first $100,000
May 08, 2001
Wayland
1.5%
Low income, first $100,000
Aril 24, 2001
Westford
3.0%
Low income, first $100,000
Ma 01, 2001
Weston
3.0%
Low income, first $100,000
Ma 05, 2001
*Possible exemptions are:
1. Property owned and occupied by a person who would qualify for low income housing or low or moderate
income senior housing
2. The first $100,000 of taxable value of residential real estate
3. Class three commercial or class four industrial properties in cities or towns with classified tax rates C
NOTE: This is an informal list maintained by the Trust for Public Land and was last modified August 6, 2001.
For more information, please contact Constance Foster at (617) 367-6200 x303
52
Status of Community Preservation Act Implementation
CPA on the Ballot - Upcoming Election
Community
Surcharge
Exem tions*
Election
Ashby
3.0%
Low income, first $100,000
2002
Ashland
3.0%
First $100;000
2002
Beverly
3.0%
All three
November 6, 2001
Braintree
1.0%
Low income, first $100,000
2002
Buckland
1.0%
None
2002
Cambridge
3.0%
Low income, first $100,000
November 6, 2001
Easthampton
3.0%
First $100;000
November 6, 2001
Great Barrington
3.0%
First $100;000
2002
Malden
3.0%
Low income, first $100,000
November 6, 2001
Methuen
3.0%
Low income, first $100,000
November 6, 2001
Newton
1.0%
None
November 6, 2001
Norton
3.0%
Low income, first $100,000
2002
Norwell
3.0%
Low income, first $100,000
2002
Saugus
-1.0%
None
November 6, 2001
Stockbridge
3.0%
First $100;000
2002
Sudbury
3.0%
All three
2002
Swansea
3.0%
First $100,000
2002
Waltham
3.0%
First $100,000
November 6, 2001
Westport
2.0%
None
2002
Whitman
3.0%
All three
2002
Williamstown -
2.0%
First $100,000
2002
* Possible exemptions are:
1. Property owned and occupied by a person who would qualify for low income housing or low or moderate
income senior housing
2. The first $]00,000 of taxable value of residential reaf estate
3. Class three commercial or class four industrial properties in cities ortowns with classified tax rates
NOTE: This is an informal list maintained by the Trust for Public Land and was last modified August 6, 2001.
For more information, please contact Constance Foster at'(617) 367-6200 x303
53
OPEN SPACE AND RECREATION PLAN - 2001
TOWN OF READING
Executive Summary
Reading's Open Space and Recreation Plan - 2001 is a formal inventory and
planning document developed from existing Town, State and Federal information,
from citizen input, and from the results of a town-wide survey. The 2001 plan is an
update of the Town's first plan, written i'n 1995. The current plan concludes that
the overarching open space and recreation goals of the community are to preserve
the quality of life and the aesthetic character of Reading. Residents wish to
maintain Reading's quality of life by protecting the environment, especially water
supply and wildlife habitat, by providing ,ample, useable and accessible open space
and recreation facilities for all residents, and by preserving the New England
character and less-dense suburban character of the town.
In the Open Space and Recreation Plan Survey - Spring 2000, survey
respondents and, by extension, Reading residents strongly support acquisition of
additional open space. By 76% or larger majorities, they agreed Reading should
acquire more open space for ball fields and playgrounds, for watershed protection
and wildlife, and for passive recreation. Other priorities identified by respondents
include the need for better accessibility to, more information about the Town's
open space, and additional open space and recreation amenities, including bike
trails and hiking/nature trails that could be provided on existing Town-owned land.
Majorities of respondents would be willing to pay more taxes for open space
purchases, favor funding the purchase of open space as a standard part of the
Town's capital plan, and would support a local referendum like the Community
Preservation Act to fund open space, historic preservation, and affordable housing.
Support for acquisition and funding is strong regardless of household composition
or length of residency in Reading.
Reading has lost substantial amounts of open space over the years and stands to
lose significantly more in the near future. A buildout analysis of Reading
completed in the spring of 2000 by the Executive Office of Environmental Affairs
estimates that there are 727 additional developable acres in the Town, or an
additional 771 residential lots. New homes on these lots would require an
additional 10.7 miles of roadways, and the home owners would use an additional
153,769 gallons of water per day. 2,050 new residents are forecast for the Town
at buildout, including an additional 382 school children. If these forecasts are even
close to accurate, Reading will experience a major loss of open space, at a time
when residents will need and demand expansion of passive and active recreation
spaces. Survey comments reveal the community's sense of loss over changes to
the character of the town. If we are not proactive in meeting the Town's recreation
and .open space needs, the quality of life in Reading will change significantly.
5 ?;;U1
541
The major goals formulated in this plan are:
1. Provide high quality habitat and a healthy environment
2. Provide ample open space and recreation space
3. Make recreation and open space accessible to all
4. Preserve the character of the town
5. Provide connection between open spaces
6. Identify new funding sources for recreation and open space
The two priority action items identified in the plan are:
• To explore the enactment of the Community Preservation Act locally
• To acquire additional open space for playing fields, passive open space,
wildlife habitat, and watershed., protection.
What has the Town of Reading accomplished since the Plan was written in 1995?
It acquired Sledge Woods and Marion Woods with State self-help grants, received
land and conservation restrictions from individuals, partnered with the YMCA to
build a new indoor "town pool", developed new playing fields off Symonds Way,
and pursued a field and playground maintenance program.
The 1995 Plan grouped its goals and objectives under the acronym ACE for
acquisition, connection, and enhancement. The accomplishments listed above
illustrate these goals. But two other watchwords arise out of the last five years'
achievements.- partnership and funding ' two new watchwords that will be
increasingly important over the next five years. Creative funding mechanisms and
new funding sources are critically important if Reading is to make forward progress
in open space acquisition, new recreational field development, and the
enhancement of our existing open spaces and facilities. In the face of continuing
development pressure and recurring budget shortfalls, we are at a critical juncture
for securing our open space and recreation future. Reading must not stop moving
forward.
Task Force members:
Kim Honetschlager, Chair
Citizen
Camille Anthony
Board of Selectmen
Claire Bolger
Recreation Committee
J. Ronald Boucher
Reading Open Land Trust
Nancy L. Eaton
Conservation Commission
Gladys Montgomery-Jones
Citizen
Catherine Martin
Finance Committee
Richard Schubert
Community Planning
& Development Commission
Karen Mullins, Conservation Administrator
Staff Liaison
-111,01
55
Town of Reading
Open Space Recreation Plan Survey - Spring 2000
1. Please indicate whether you strongly agree, agree, disagree, or strongly disagree with each of the
following statements:
a. Reading should acquire more open space for ballfields and playgrounds.
Strongly agree 272 39% Agree 257 37% Disagree 118 17% Strongly disagree 497%
Sum: 696
b. Reading should acquire more conservation land to protect our watershed and wildlife.
Strongly agree 413 57°..`o Agree 214 29% Disagree 71 10% Strongly disagree_ 32 4%° Sum: 730
c_
Reading should acquire more land for hiking, canoeing, cross-country skiing and birding.
Strongly agree 352 49% Agree 225 31% Disagree 105 15% Strongly disagree
33 5% Sum: 715
d.
Reading has all the recreation and conservation lands it needs.
Strongly agree 31 4% Agree 71 10% Disagree 351 50% Strongly disagree
253 36% Sum: 706
e.
I would be willing to pay more in taxes so Reading could purchase additional open space.
Strongly agree 167 23% Agree 287 40% Disagree 146 20% Strongly disagree
113 16% Sum: 713
f.
I think the purchase of open space should be a standard part of the Town's capital plan.
Strongly agree 268 37% Agree 340 47% Disagree 64 9% Strongly disagree
48 7% Sum: 720
g.
I would use Reading's recreation and conservation la
ds more if I k
r
new more about them.
Strongly agree 258 37% Agree 346 49% Disagree 80 11% Strongly disagree
20 3% Sum: 704
h_ I would support a local referendum to adopt a state Community Preservation Act which would place a
1 % to 2% surcharge on new real estate transactions to fund open space, historic preservation and \
affordable housing in Reading?
Strongly agree 242 34% Agree 263 37% Disagree 99 14% Strongly disagree 99 14% Sum: 703
2. With respect to recreational space for children and youth, are you satisfied with the
a. quality? Yes 385 55% No 209 30% Not a concern 104 15% Sum: 698
b. quantity? Yes 254 38% No 314 47% Not a concern 99 15`7° Sum: 667
3. With respect to recreational space for adults, are you satisfied with the
a, quality? Ye 349 °
b. quantity?
s
Yes 243
5.1 /o No 262 38%
37% No 344 52%
Not a concern 77 11% Sum:
Not a concern 72 11
688
'
% Sum:
659
4. With respect to conserva
tion land, such as the Town Forest, are you satisfied with the
a. quality?
Yes 400
59% No 221 33%
Not a concern 58 9% Sum:
679
b. quantity?
Yes 269
41 % No 328 50%
Not a concern 58 9% Sum:
655
5. Of the following additional conservation and recreational
cti
iti
a
v
es,
which five (5) would your most like to
have in Reading? (Please check no more than rive.)
a. Archery/shooting
40 6%
h. Family picnic area
21934% o. Skateboarding/In-line skatin
' 108 17%
b. Athletic fields
177 28%
I. Fishing areas
90 14% p. Hiking/Nature trails
342 53%
c. Bike trails
41565%
j. Basketball I
45 7% q. Sledding hills
137 21%
d. Canoe facilities
168 26%
k. Volleyball
21 3% r. Tennis courts
83 13%
e. Children's play areas
131 20%
I. Outdoor pool
148 23% s. Birdwatching/Wildlife habita
189 29%
f. Community gardens
15324%
m. XC ski trails
125 19% t. Outdoor skating
69 11%
g. Conservation areas
232 36%
n. Other (Please specify)
Respondents: 642
56.
f
6. Which recreation areas do you currently use or enjoy? (Please check all that apply.)
a. Birch Meadow Complex
346
57% g.
Memorial Park
263
43% 1.
Sturges Park
134
22%
b. Field House
203
33% h.
Washington Park
100
16% m.
YMCA pool
230
38%
c. HunVLittle League
80
13% 1.
Pearl Street schoolyard
44
7% n.
Burbank Ice Aren:
236
39%
d- Imagination Station
308
51 % j.
School playgrounds/fields
213
35% o.
Senior Center
49
8%
e. Meadow Brook Golf Club
109
18% k-
Ipswich River Park (N. Reading)
274
45%
f. Other (Please specify)
Respondents:
607
7. Which conservation areas do you currently use or enjoy? (Please check all that apply.)
a. R.J. Schneider Woods
12
3%
f. Maillet
7
2%
b. Bare Meadow
113
30%
g. Thelin Bird Sanct.
25
7%
c. Kurchian Woods
90
23%
h. Town Forest
325
85%
d. Lobs Pound Mill/Marion Woods
37
10%
1. Sledge Woods
9
2%
e. Other (Please specify)
j. Pinevale
10
3% Respondents: 383
8. How do you prefer to get your information about using Reading's open space? (Please check all that apply.)
a- Reading Notes 260 40%
b. Reading Community TV 181 28%
c. Local newspapers, such as the Advocate and the Chronicle 503 78%
d. A Recreation Guide mailed to your home 332 51%
e. Reading's Website (www.ci. reading. ma. us) 172 27%
f. Other (Please specify)
g. Not interested in this sort of information 10 2% Respondents: 649
9. How long have you been a resident of Reading? (Please check one.)
a. Less than 5 years 100 15% c. 11-19 years
135
20%
b. 5-10 years 130 19% d. 20+ years
306
46% Sum: 671
10. What Precinct do you live in? (1 through 8) Precinct 1:'
90
15%
Precinct 2:.
58
9%
Precinct 3:
47
8%
Precinct 4: `
87
14%
Precinct 5:'
64
10%
Precinct 6:
77
13%
Precinct 7:''
83
14%
Precinct 8:`
105
17% Sum: 611
11. What are the age categories of the people in your household? (Please check all that apply.)
a. InfanVPre-school .131 20% d. High School (9-12) 109 17%
b. Elementary School (K-5) 231 35% e. College and Adult 570 87%
c. Middle School (6-8) 130 20% 1. Senior Citizen (65+) 133 20%
town of Reading Open Spare & Recreation Plan Stuvey - Spring 2000, page 2
Respondents: 656
57'
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NORTI4 READING
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~ /55oTrbND , :E.. ~~~`''t •,ti,~ A;''izi~Y'L.rjt I
\ t\ ~ •.i R°y°r : • IJ 2a I 3\~ ~ ~ : ' i z I: i:;l~~, ~ -
Mellon Y 11
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now
_ \t, ~ c - ...t. ,~C;~ BEARL~'Lyr.LDY. / ~ -
.6N DES /Pftlt `•\i , ;I '
l ! l..i r LL LEGEND
y11 % 'u-KEFI Town Boundaries
Transmission Unes
1 r.. % DEG STONER f l A~Rail Lines
Roads
OjyE{9AM Limited Access Highway
C% it-• .'`".r =i'- 1 , ~Multi-IaneHwy, notlimited acces!
I N Other Numbered Hwy
V Major Road - Connector
: Minor Street or Road
N ` Lakes and Ponds
1000 2000 Feet Ipswich River
0 OPEN SPACE ACTION PLAN ~ Rivers and Streams
Scale; 1:24000 OPEN SPACE & RECREATION PLAN Land of Concern
Open Space by Ownership
TOM OF READING CH61 (Forestry)
CH61B (Recreation)
Data Source: Town of Reading, MassGIS 2001 Municipal
Map Date: November, 2000 <t Private Non-Profit
This map is intended for use with the Tax Title Parcels
"Open Space & Recreation Plan Other Town-Owned Parcels
Town of Reading - 2001". Any other
use is at the discretion of the user.
:
58
O/
TOWN OF READING - CONSERVATION COMMISSION
CRITERIA FOR OPEN SPACE - Adopted December 16, 1992
The Conservation Commission has adopted the following criteria for determining which
lands within the Town should be preserved as open space, whether wetlands or uplands, by
whatever means are most appropriate.
I . Those areas which are significant to the water resources of the.town, including:
a. major wetlands
b. brooks and their contiguous wetlands necessary to guarantee stream flow and to
minimize sources of stream pollution
c. recharge areas necessary to maintain groundwater levels in the existing and potential
water supply aquifers.
2. Areas which protect the health and safety of the inhabitants of Reading, as well as the
downstream communities, against the hazards of flood inundation:
a. Floodplain and wetland areas in the Town which are most important to flood reduction
and protection, and which have additional water supply, wildlife and/or recreation values.
3. Open space lands throughout the Town for greenbelts and outdoor recreation.
4. Diverse wildlife habitats and other critical natural areas.
5. Natural areas around or within walking distance of every school in Town, to be used as
outdoor classrooms.
6. Lands which meet any of the above criteria and which abut present open space, whether
privately or publicly protected.
7. Lands, whether upland or wetland, which would serve to connect, presently or in the
future, any protected or protectable open space-
8. Wetland and upland vernal pools, including a 100' buffer.
9. Any wetland and its adjacent area so that the total area is, or could become, at least 114
acre in size.
Furthermore, the Conservation Commission will consider accepting donations in whole or
in part of any other lands in addition to those classified above-
59
Potential Areas for Gre,enways/TrailslPaths
Bare Meadow: Potential for additional trails: easterly to Haverhill Street;
Proposed Wood End Cemetery, northeasterly to north Reading; westerly through
Fairbanks Marsh toward Main Street; paved wheelchairlstroller accessible trail
from parking lot, through meadow and back through woods.
Lobs Pound Mill/Marion Woods: Re-establish fishing area. Potential for
Developing local historical site. Town's logo is based in part on the former mill at
this site. Potential for trail development from west side of Mill Street back toward
Town Forest; from east side of Mill Street along Ipswich to Main Street to
Fairbanks Marsh; from parking area to upland woods.
Kurchian Woods: Potential for trail development from Pacey parcel to Buckskin
across Franklin Street to Fox Run to Town' Forest. Potential for bike trail.
Town Forest: Potential for fishing or canoe access to Ipswich River. Needs
access improvements for everyone. Develop trail from new access from Lynn
Village Way off Roma Lane. Add signage'for bike use of existing access roads.
West Side: Potential for trail/greenway from Town Forest, past golf course,
down west side of town to MBTA property near Lowell Street. Continue down
Causeway, Reading Municipal Light Department to Sheehan and Xavier
Conservation Areas to Reading Open Land Trust parcel off West Street.. Create
new signage.
Maillet/Morgan/Somes: Potential for trail from Lowell Street southwest to
Hancock Street. Footbridge across Aberjona. Trails from Lee and Hunt Streets
to merge with this trail. Cross railroad tracks into Thelin Bird Sanctuary.
Thelin Bird Sanctuary: Potential for trail.from Hancock Street through Thelin to
Willow Street. at Thomas Conservation Area.
i
Woodland/Aberjona/Higgins: Potential for greenway linking Lowell Street to
Birch Meadow School and recreation complex (Pitman Bike Path). Also from
Rice Road down hill to-merge with Birch Meadow Drive.- Trail linkage from Birch
Meadow to Henzie/Criterion.
Aberjona/West: Potential for trail along stem of Aberjona from West Street to
Woburn line.
Pinevale: Potential for additional foot bridges across stream and seasonally wet
areas.
Memorial Park: Potential for paved bikelwalklstroller trail around perimeter.
60
COMPREHENSIVE PERMITS
M.G.L. Chapter 40B (Anti-Snob Zoning Act) encourages low and moderate income housing in a number
of ways. First, the Act provides for the streamlining and consolidation of local permitting under the
Zoning Board of Appeals (ZBA). Second, the Act allows for developers of mixed-income housing to
appeal the ZBA's decisions to the Housing Appeals Committee (HCA). Third, the Act emphasizes the
provision of affordable housing sometimes in contradiction to regulations established by local
governments. Density bonuses may be granted allowing developers the opportunity to build more
housing units per acre than would otherwise be allowed.
The Act encourages communities to have ten (10) percent of their housing available to low and moderate-
income households. Communities that do not meet this standard have a strong burden of demonstrating
to the HAC why they are denying or conditionally approving a comprehensive permit.
The status of comprehensive permit applications recently submitted or potentially being considered for
submittal are listed below:
Total Units
Location
(Affordable Units)
Status
Wilson & Pleasant Sts.
2(2)
Approved and constructed
23 George St.
10(3)
Approved, appealed
45 Beacon St.
10(3)
Approved, appealed
1375 Main St.
8(2)
Approved
Grove St
19(NIA)
Withdrawn
Linden & Lowell St.
6(6)
Withdrawn
119 Van Norden St.
N/A
Potential, application not yet filed
Spence Farm
N/A
Potential, application not yet filed
Longwood Poultry Farm
N/A
Potential, application not yet filed
61
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
o 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.
o There are two required sessions: the
o Members who wish to speak shall
Annual Meeting in Spring which is
rise, state their name and precinct in
primarily for fiscal matters and
order to be recognized.
acceptance of the annual budget,
and the Subsequent Meeting in
o A Member may speak for ten (10)
November. Special Town Meetings
minutes but permission must be
may be called at any time that the
asked to exceed this limit.
need arises.
o Seven (7) Members can question a
o There are three main committees
vote and call for a standing count
which review certain Articles and
and twenty (20) can ask for a roll call
advise Town Meeting of their
vote; however, a roll call vote is
recommendations:
seldom used because of the time it
takes.
Finance for all expenditures of funds;
By Law for all bylaw changes; and the
PRINCIPAL MOTION ENCOUNTERED
Community Planning and
AT TOWN MEETING
Development Commission for all
zoning changes.
The following motions are the principal
Their reports are given prior to dis-
ones used in most cases by Town
Meeting to conduct its business.
cussing the motion.
Experience shows that the Members
should be familiar with these.
GENERAL RULES OF PROCEDURE
® Adjourn: Ends the sessions, can be
o The Meeting is conducted through
moved at any time.
the Warrant Articles which are
presented (moved) as motions.
® Recess: Stops business for a short
Only one motion may be on the floor
generally to resolve a
time
at a time; however, the motion may
,
procedural question or to obtain
. Often two or more
be amended
information
Articles which address the same
.
62
e Lay on the Table: Stops debate
o Question of Privilege: Sometimes
with the intention generally of
`
used to offer a resolution. Should
bringing the subject up again later.
not be used to "steal" the floor.
May also be used to defer action on
an Article for which procedurally a
♦ Point of Order: To raise a question
negative vote is undesirable.
concerning the conduct of the
Note that tabled motions die with
Meeting.
adjournment.
m Point of Information: To ask for
o Move the Previous Question: Upon
information relevant to the business
acceptance by a two-thirds (2/3)
at hand.
vote, stops all debate and brings the
subject to a vote. This is generally
MULTIPLE MOTIONS
the main motion, or
SUBSEQUENT (MULTIPLE) MOTIONS
♦ The most recent amendment, unless
qualified by the mover. The reason
If the subsequent motion to be offered,
for this as provided in Robert's Rules
as distinct from an amendment made
of Order is to allow for other amend-
during debate, includes material which
ments should they wish to be
has previously been put to a vote and
presented.
defeated, it will be viewed by the
Moderator as reconsideration and will
® Amend: Offers changes to the main
not be accepted. If, the subsequent
motion. Must be in accordance with
motion contains distinctly new material
the motion and may not substantially
which is within the scope of the Warrant
alter the intent of the motion. In
Article, then it will be accepted. An
accordance with Robert's Rules of
example of this latter situation is
Order, only one primary and one
successive line items of an omnibus
secondary motion will be allowed on
budget moved as a block.
the floor at one time, unless specif-
ically accepted by the Moderator.
SUBJECT TO THE FOLLOWING
CONSIDERATIONS
Indefinitely Postpone: Disposes
of the Article without a yes or no
® The maker of any proposed multiple
vote.
motion shall make their intent
known, and the content of the
s Take from the Table: Brings back a
motion to be offered shall be
motion which was previously laid on
conveyed to the Moderator - prior to
the table.
the initial calling of the Warrant
Article.
® Main Motion: The means by which
a subject is brought before the
® Once an affirmative vote has been
Meeting.
taken on the motion then on the floor
- no further subsequent alternative
THE FOLLOWING MOTIONS MAY BE
motions will be accepted. (Obviously
USED BY A MEMBER FOR THE
does not apply to the budget, for
PURPOSE NOTED:
example.)
C
63
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
64
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.
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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
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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_ , oon 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
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I.
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
sessiohs7 since- the most red6nt'-Ahnual
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.
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