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HomeMy WebLinkAbout2002-10-07 Special Town Meeting Warrant Reportr? Town of Reading Massachusetts OFR ur. 39' INC OR4 0 Report on the Warrant Special Town Meeting October 7, 2002 t TABLE OF CONTENTS SPECIAL TOWN MEETING OCTOBER 7, 2002 Article Title Sponsor Page 1 Reports Board of Selectmen 2 2 Instructions Board of Selectmen 2 3 Amend FY 2003 - FY 2012 Capital Board of Selectmen 3 Improvements Program 4 - Zoning Text Amendment- Longwood CPDC 3-34 Poultry Farm 5 Zoning Map Amendment - PUD for CPDC 35 Longwood Poultry Farm 6 Amending FY 2003 Budget Finance Committee 34,35 7 Home Rule Petition - Retired Police Board of Selectmen 35 Officers working Details Fiscal Year 2003 Budget Yellow Pages 37-45 Fiscal 2003-2012 Capital Improvements Blue Pages 46-53 Program Zoning Map (Article 5) 54 Draft Act for Retired Police Officers . 55,56 (Article 7) 57-63 Conduct of Town Meeting - COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on September 12, 2002 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 Precinct4 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 Charles Mobil on the Run, 1330 Main Street The date of posting being not less than fourteen (14) days prior to October 7, 2002, the date set for the Special Town Meeting in this Warrant. I also caused an attested copy of this Warrant to be published in the Reading Chronicle in the issue of September 17, 2002. R t/y~ Daniel W. Halloran, Constable uF copy. A est: At heryl A. ohnson, own Clerk 1 SPECIAL TOWN MEETING (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road, on Monday, October 7, 2002, 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 Horne Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Town Manager and any other Board or Special Committee. Board of Selectmen Background: This Article appears on the Warrant for every Town Meeting. There are no known reports under this Article. Under Article 4, the Community Planning and Development Commission (CPDC) will be giving a report on the status of Affordable Housing in the community since that matter is relevant to Article 4. 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 to Town Officers and Special Committees, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate, for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen Background: This Article appears on the Warrant for every Town Meeting. There are no known instructions under this Article. Finance Committee Report: No report. Bylaw Committee Report: No report. 2 ARTICLE 3 To see if the Town will vote to amend the FY 2003 - FY 2012 Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen Background: This Article appears on the Warrant for every. Town Meeting. This session, Town Meeting will be asked to approve 3 amendments to the . Capital Improvements (CIP) that are included on the attached CIP. These projects are all in the Water Division of the DPW and were funded in the FY 2003 budget, but were inadvertently left out of the CIP that was adopted last Spring. The projects are as follows: ♦ PW-W-014 - Purchase Pick-up Trucks - This item was increased $100,000 to replace the crane truck. PW-W-016 - Water Tank Inspection - This line was increased by $2,300 to $11,000 to reflect the real cost of inspection of the Auburn Street water tank. e PW-W-020 - WTP - Interim Improvements - This line was added in the amount of $45,500. Several improvements to the Water Treatment Plant are needed now prior to the WTP renovation project. They will all be usable improvements when the plant is renovated. In addition, the attached chart labeled "Schedule 3 - Debt and Capital Exclusion Projects - Estimated cost to Homeowner" will be presented to Town Meeting for their information. This is a planning tool for the Town and its residents outlining the cost per C, project per year of implementing the various debt and capital exclusions included in the current Capital Improvements Program. Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote of 6-0-0. This has no impact on funding it merely corrects an oversight. Bylaw Committee Report: No report. ARTICLE 4 To see if the Town will vote to amend Section 4.9 Planned Unit Development of the Reading Zoning By-laws as follows. Remove all text found within Section 4.9 Planned Unit Development of the Reading Zoning By-Laws and replace it with the following Section 4.9: 4.9. PLANNED UNIT DEVELOPMENT 4.9.1. Statement of Purpose and Authority: The purpose of this Section is to encourage the construction of Planned Unit Developments (PUDs) in designated Districts within the Town. Planned Unit C Developments shall: a. Permit a mix of land uses, densities and building types in one development. 3 b. Facilitate high quality, integrated planning of large-scale developments beneficial to the Town and constructed in a manner which is highly responsive to specific sites and their surroundings. . C. Require more rigorous development standards than those found in other zoning districts. 4.9.2. Overlay Districts: Planned Unit Development Districts shall take the form of overlay districts covering all or part of Industrial Districts and designated portions of Residential Districts on the Reading Zoning Map. For any land within a PUD District, a Developer may choose to conform either to the zoning regulations which govern the underlying district or to the PUD overlay regulations and procedures set forth by this Section, whose specific provisions shall supersede all other provisions in the Zoning By-Laws with respect to the underlying district including, without limitation, use, intensity, dimensions, parking and site plan review; however, the provisions of any other overlay district shall continue to apply. Planned Unit Development Districts are overlaid on two zoning districts: Industrial and Residential Zones. Section 4.9 controls development in this overlay utilizing the following terms: PUD-1 for Planned Unit Development District - Industrial for PUD's overlaid in the Industrial Zone and PUD-R for Planned Unit Development District- Residential overlaid in .the Residential Zone. Language noted herein for PUD.denotes the control is for development in both Residential and Industrial Zones. 4.9.2.1. Definitions: The following terms shall have, for the purposes of this PUD By-Law, the meanings hereby assigned to them: a. Affordable Housing: Housing units priced to be available for purchase or rental by households with annual incomes that do not exceed eighty percent (80%) of the median annual household income for the Boston Metropolitan Area as determined by the most recent calculation of the U.S. Department of Housing and Urban Development and so that the annual housing unit cost to the household does not exceed 30% of the annual gross income of the household. b. Commercial: A use or structure that is used other than for residential, public, quasi-public or heavy industrial purposes. C. Developer: One or more entities proposing together to develop a Planned Unit Development parcel. d. . DNA: Deoxyribonucleic acid. e. Existing: In existence at the time of filing a complete Preliminary PUD Plan submission. 4 f. Floor Area Ratio (or "FAR"): In a PUD, the ratio of total gross building floor area in a PUD to the area of the development parcel. Gross floor area shall be measured from outside wall surfaces and shall include ground floor areas .of interior atriums and lobbies, and mechanical and utility space on habitable floors but shall exclude rooftop space, balconies; elevator pits, or non-habitable areas enclosed by ornamental roofs. Structured parking shall not be counted in the determination of Floor Area Ratio. Areas classified as wetlands in MGL, Chapter 131, Section 40, as amended, may not exceed 10% of the development parcel area used to compute FAR. g. Minor Street: A street used primarily for access to abutting properties or carrying volumes of traffic less than 10,000 vehicles per average day. Major Street: A street used for through access and carrying volumes of traffic greater than 10,000 vehicles per average day. PUD By-Law: Section 4.9. of the Reading Zoning By-Laws including all sub- sections thereof. j. Recombinant DNA (RDNA) Technology: The industrial science of molecular construction outside living cells by joining. natural or synthetic DNA segments to DNA molecules that can replicate in a living cell. k. Residential Street: Any section of a street which lies within a residential zoning ! district or any section of a street the centerline of which forms a boundary of a residential zoning district. Site: The development parcel upon which a PUD is proposed. M. Structured Parking: In a PUD, a parking garage or all or part of building floors above or below grade to be used for automobile parking. 4.9.3. Special Permit for Planned Unit Development: The Community Planning and Development Commission (the "CPDC" as the Special Permit Granting Authority, shall have authority to grant a Special Permit to construct a Planned Unit Development ("PUD) by a vote of at least four members of the five- member CPDC. The CPDC shall evaluate proposed PUD projects and require all such projects to conform to the Planned Unit Development requirements, standards and guidelines set forth in Sections 4.9.4. and 4.9.5 as to a PUD in the Industrial District ("PUD-1") and as set forth in Sections 4.9.5. and 4.9.6 as to a PUD in a Residential District ("PUD-R") to ensure that the benefits to the Town of a proposed project outweigh any adverse impacts before granting a Special Permit. The CPDC shall adopt and from time to time may amend regulations for the review of PUD Developments as provided in MGL, Chapter 40A, Section 9. The CPDC shall interpret all provisions of this PUD By-Law and all definitions and regulations pertinent thereto and shall provide such interpretations upon request by an applicant for a Special Permit to construct a PUD. 5 4.9.3.1. Overview of Special Permit Process: A Developer choosing to construct a Planned Unit Development in a PUD District shall apply for a Special Permit with the Community Planning and Development Commission. The Special Permit process shall include: a. Pre-Application Conference (Optional) b. Preliminary PUD Plan Review C. Final PUD Plan Review 4.9.3.1.1. Alternative Procedure: As an alternative to the provisions of Sections 4.9.3.3., 4.9.3.4., 4.9.3.6., 4.9.3.7. and 4.9.3.10., a Developer may elect to follow an alternative process as specified below: a. Preliminary Plan Submission of Application The Developer shall submit an Abbreviated Notice of Resource Area Delineation to the Reading Conservation Commission according to Massachusetts General Laws, Chapter 131, Section 40 and Reading General Bylaws, Section 5.7., and obtain an Order of Resource Area Delineation relative to the proposed site including an official delineation of any wetlands contained on the site, such delineation to be accurately depicted on development plans subsequently submitted for the site. b. Subsequent to such Order of Resource Area Delineation, the Developer shall request in writing that a joint public meeting of the CPDC and the Conservation Commission to be held with the Developer to review the Developer's proposed development. The Developer shall supply such written and graphic material, in twenty copies, to fully describe and explain the intended development concept, together with potential alternative options, including number, location, and height of buildings, vehicular and pedestrian circulation, parking, landscaping, open space, drainage control,. wetlands protection, off-site improvements, and any other features relevant to the development concept. C. Within thirty-five days of a request for a joint public hearing, the CPDC and the Conservation Commission shall hold at least one session of a joint public meeting with the Developer to discuss the development concept and the options, issues, concerns and other matters relative to the proposal. All 'parties of interest' shall be given such notice of this meeting as required for a public hearing under Massachusetts General Laws Chapter 40A. Particular attention shall be paid to: (1) Obtaining input from both Commissions simultaneously. (2) Identifying concepts, options and approaches relative to the development, potentially acceptable to both Commissions within their respective purview, authority and responsibilities. 6 (3) Reviewing mitigation measures which meet the concerns of both Commissions. d. Within sixty-five days of the filing by the Developer of a complete Final PUD Plan, the CPDC shall hold a public hearing to consider issuance of a Special Permit to construct a PUD. The Final PUD Plan shall be a definitive plan of the development and contain such information as specified in Section 4.9.3.9. Approval of the Special Permit shall be granted upon determination by the CPDC that the Final PUD Plan conforms with and meets the applicable requirements, standards and guidelines set forth in Sections 4.9.4., 4.9.5. and 4.9.6 in a manner consistent with the concept presented and the Commission's input received according to Paragraph 4.9.3.1.1.b. The pecial Permit may be granted with conditions, or not granted, or granted by inaction, according to Section 4.9.3.11. The Final PUD Plan may include application for approval of a proposed subdivision of the site in accordance with the Rules and Regulations Governing the Subdivision of Land in Reading. A separate endorsable Definitive Subdivision Plan meeting, the requirements of said Rules and Regulations may be included as part of the Final PUD Plan documents, and the public hearing for consideration of such subdivision plan shall be held by CPDC concurrent with the Special Permit public hearing referenced herein. At the Developer's election, the Conservation Commission shall hold at least one session of a public hearing simultaneously with the CPDC Special Permit public hearing referenced herein, for considering the Developer's Notice of Intent relative to the proposed PUD development. The hearing shall be scheduled mutually between the CPDC and the Conservation Commission. The request for such simultaneous public hearing must be accompanied by or preceded by a complete Notice of Intent submission and all relevant application fees in accordance with Massachusetts General Laws, Chapter 131, Section 40 and Reading General Bylaws, Section 5.7., and a waiver of the time requirements for the Conservation Commission's holding of a hearing and issuance of an Order of Conditions under said Chapter 131, Section 40 and said General Bylaws, Section 5.7. The Conservation Commission may at its discretion continue sessions of its public hearing.or deliberate an Order of Conditions at places and times independent of the CPDC's public hearing or meetings. 4.9.3.2. Pre-Application Conference: A Developer desiring to obtain a Special Permit to construct a Planned Unit Development may request a Pre-Application Conference with the Community Planning and Development Commission prior to submitting an application for the Special Permit. The purpose of the Pre-Application Conference shall be to discuss both the Developer's intentions and the CPDC's requirements with respect to the proposed PUD. Although not required, this preliminary meeting is desirable since it should help to clarify many procedural and policy issues. At the Pre-Application Conference, the CPDC shall discuss with the Developer the ( process for obtaining a Special Permit to construct a PUD and explain to him/her issues and scopes of studies that should be considered in planning the project; including specific submission items, such as appropriate vantage points for visual analysis and 7 extent of the traffic study area. The need for a three-dimensional model for large projects C shall be discussed by the developer and CPDC and a determination shall be made as to whether such a model shall be an application requirement. The CPDC shall review existing studies. pertinent to the development and the status of other approved PUDs and projects not yet permitted but under consideration, which should be considered in the Developer's analyses. The Developer may discuss his/her development concept and range of options concerning development. Any statement at the Pre-Application Conference made by either the CPDC or the Developer concerning potential disposition of a Special Permit. application or the final form of the development shall not be legally binding. .The Developer shall not be required to present any written, quantitative, or graphic materials at the Pre-Application Conference. The CPDC shall make available to the Developer at this time any forms required for application fora Special Permit to construct a PUD. 4.9.3.3. Preliminary Plan: .A Developer who wishes to apply for a Special Permit to construct a PUD shall submit to the CPDC an application including a Preliminary PUD Plan submission for the entire proposed project. If the Developer of the PUD comprises more than one entity, all participating entities shall be signatories to the Special Permit application. Two copies of the Preliminary PUD Plan shall remain available to the public during the application process and shall be located in the Town Clerk's Office and Reading Public Library. Any three-dimensional. model of the proposed project as may be required shall be displayed at a suitable public building within the Town. The CPDC shall require a Submission Fee sufficient to cover consultant fees and any other costs associated with reviewing the Preliminary and Final Plan Submissions. The fee amounts shall be as specified in the CPDC's "Fee Schedule for Site Plan Review Process." 4.9.3.4. Preliminary Plan Submission: The Preliminary PUD Plan shall. include a complete set of written, quantitative, and graphic materials in the appropriate number according to the PUD Plan Submission Regulations adopted by the CPDC and amended by it from time to time in accordance with MGL, Chapter 40A, Section 9. 4.9.3.5. Town Review: Between the. date a Developer submits a complete application for a Special Permit to construct a PUD and the date of the first public hearing, the CPDC may distribute the Preliminary PUD Plan for review to Town Departments, elected and appointed Town Boards, and such professional planning, architecture, and engineering consultants as the CPDC deems appropriate and whose fees are paid for by the developer. All comments on the Preliminary PUD Plan shall be submitted in writing to the CPDC before the scheduled date of the first public hearing. All written comments shall be made a part of the public record on the application for a Special Permit and shall remain a public _ record. 8 4.9.3.6. Public Hearing on Preliminary Plan: L C. Within 65 days of the date of receipt of a complete application for a Special Permit to construct a PUD, the CPDC shall hold a public hearing. The purpose of the public hearing shall be to solicit public comments concerning the Preliminary PUD Plan. 4.9.3.7. Action on Preliminar Plan: Within 21 days after the close of said public hearing, the CPDC shall make a determination concerning. the Preliminary PUD Plan. If the CPDC approves the Preliminary PUD Plan or conditionally approves it subject to modifications, then the Developer shall submit a Final PUD Plan, as specified in Section 4.9.3.9. If the CPDC disapproves the Preliminary PUD Plan, then the application for the Special Permit shall be denied, and the CPDC shall state in writing its reasons for denial. If the CPDC makes no decision within the specified time limit, then the Preliminary PUD Plan shall be considered approved, and the Developer shall prepare a Final PUD Plan. 4.9.3.8. Public Improvements Compensation: When reviewing a Developer's Preliminary PUD Plan, the CPDC shall analyze the proposed PUD to determine what if any extraordinary public improvements are necessary to accommodate or service the project. The Developer shall be required by the CPDC to provide such needed improvements at no cost to the Town, or alternatively, to offset the expense of such improvements to be provided by the Town. The CPDC may engage a consultant, at the expense of the applicant to estimate the costs of any such improvements.. Such estimate shall be reviewed by the Reading Public Works Director and the Town Engineer. 4.9.3.9. Submission of Final Plan: The Final PUD Plan shall be a definitive plan of development with design sufficiently developed to provide the basis for the CPDC's determinations regarding the requirements, standards, and guidelines of this PUD By-Law, and shall include a complete set of written, quantitative, and graphic materials in the appropriate number according to the PUD Plan Submission Regulations adopted by the CPDC and amended by it from time to time in accordance with MGL, Chapter 40A, Section 9. The Final PUD Plan shall be consistent with the approved Preliminary PUD Plan except for changes by amendment or in accordance with conditions attached to the CPDC's approval of the Preliminary PUD Plan and shall satisfy all such conditions. The Developer shall submit a Final PUD Plan to the CPDC no later than 59 days after the issuance of the decision referred to in Section 4.9.3.7. Failure to submit a Final PUD Plan within the specified time period shall result in termination of the application for a Special Permit to construct a PUD. Two copies of the Final PUD Plan shall remain available to the public during the application process and shall be located in the Town Clerk's Office and the. Reading Public Library. Any three-dimensional model of the proposed project as may be required shall be displayed at.a suitable public building within the Town. 9 4.9.3.10. Additions or Amendments to the Preliminary Plan: Additions or amendments to the Preliminary PUD Plan at this stage shall be deemed either major or minor by the CPDC according to Sections 4.9.3.13. and 4.9.3.14. Minor additions or amendments shall be authorized by written approval of the CPDC. Major additions or amendments shall be considered as original items to the application and be subject to the procedures specified in Section 4.9.3.1.2. The CPDC shall decide whether proposed changes are major or minor. 4.9.3.11. Public Hearing and Decision on Final Plan: . Within 21 days after the submission as per Section 4.9.3.9 of a complete PUD Plan, the CPDC shall hold a public hearing to consider issuance of a Special Permit to construct a PUD in accordance with the Final PUD Plan. Approval of the Special Permit shall be granted upon determination by the CPDC that the Final PUD Plan conforms with and meets the applicable requirements, standards, and guidelines set forth in Sections 4.9.4. 4.9.5. and 4.9.6. in a manner consistent with the approved Preliminary PUD Plan, and contains all revisions required by the CPDC,in its conditional approval of said Plan. The CPDC may grant the Special Permit with conditions consistent with its approval of the Preliminary PUD Plan. If not granting a Special Permit to construct a PUD, the CPDC shall make its final decision in writing and shall specify its reasons for denial. If the CPDC makes no decision within 60 days after the submissions as per Section 4.9.3.9, then the Final PUD Plan shall be considered approved and the Special Permit to construct a PUD shall be deemed granted. , i 4.9.3.12. Amendments to Final Plan: After approval of the Special Permit by the CPDC, the Developer may seek amendments to the Final PUP Plan. . Amendments to the Final PUD Plan shall be considered major or minor. Minor amendments, as specified in Section 4.9.3.13: shall be authorized by written approval of the CPDC. Major amendments, as specified in Section 4.9.3.14. shall be grounds for reconsideration of the Special Permit to construct a PUD and shall be reviewed subject to procedures specified above in Sections 4.9.3.4. through 4.9.3.12., as applicable. Denial of a proposed major amendment shall not invalidate the Special Permit to construct a PUD in conformance with the previously approved Final PUD Plan.. 4.9.3.13. Minor Amendments: . Minor amendments are changes which do not substantially alter the concept of the approved PUD in terms of floor area ratio, use, height, provision of open space, or the physical relationship of elements of the development. Minor amendments shall include, but not be limited to the following: small changes in floor area, mix of uses, site coverage, height, setbacks, or open space; small changes in the location of buildings, open space, or parking; or small changes in the alignment of minor streets on-site. 4.9.3.14. Major Amendments: Major amendments represent substantial deviations from the PUD-concept approved by the CPDC. Major amendments shall include but not be limited to the following: large 10 changes in floor area, mix of uses, site coverage, height, setbacks, or open space; large changes in the location of buildings, open space, or parking; or large changes in the circulation system, including the number and location of access ways. 4.9.3.15. Development Schedule: The Developer shall begin construction of the PUD within 24 months of the date of the granting of the Special Permit (or, if applicable, following appeal as provided in MGL, Chapter 40A, Section 9) in reasonable conformance with the development schedule submitted with the Final PUD Plan. The CPDC shall.grant in writing an extension of this time period of up to an additional 24 months upon determination of good cause. If the Developer fails to commence construction of the PUD within 24 months plus any approved extension period, the Special Permit shall lapse. 4.9.3.16. Phased Development: If a phased development is proposed by the Developer, the Final PUD Plan shall contain all required written, quantitative, and graphic information necessary to evaluate the proposed PUD as a whole and to serve as a basis for granting the Special Permit, plus a final Development Schedule for the completion of the PUD indicating the proposed dates and scope of work to be accomplished in each phase. Site improvements may be phased only in conformity with the phasing schedule included in the approved Final PUD Plan, and only to the extent that'all requirements, standards, and guidelines of this PUD By-Law are met in each phase. The initial phase shall include at a minimum the site improvements necessary' for one or more buildings and may,. at the Developer's option, include one or.more buildings. Deviations from the Final PUD Plan in any phase shall be designated a major or minor amendment to the Final PUD Plan by the CPDC and treated as such according to Section 4.9.3.12. If the PUD is to be developed in phases, the Developer shall begin the construction of each phase in accordance with the approved Phasing Schedule; however, the CPDC shall grant additional extensions in the timing of phases for up to 24 months each as minor amendments to the Final PUD Plan, upon the determination of a reasonable cause. If the Developer fails to commence construction of a PUD phase within, the specified time limit for that phase, including any approved extension period, said failure shall be deemed a major amendment to the Final PUD Plan, and the phase at issue and all subsequent phases which depend upon said phase for their construction and operation in conformance with the Final PUD Plan must be re-approved in accordance with Section 4.9.3.12. 4.9.3.17. Conformity with PUD Plan and Special Permit: The CPDC shall include as a condition to all Special Permits granted for construction of PUDs that no construction of a PUD or any phase thereof may be authorized until the - CPDC has reviewed and approved a Design Submission for work to be done, such submission to include architectural, site, and landscape design documents, sufficiently developed to permit review-of conformance.to the Final PUD Plan and Special Permit conditions, in accordance with the PUD Plan Submission Regulations of the CPDC. _ 11 If deemed necessary by the CPDC, a public hearing may be held for review of any Design Submission. Design Submissions shall be reviewed by the CPDC solely for conformity with the .Final PUD Plan, with Special Permit conditions, and, only to the extent not already reviewed and approved, with the requirements, standards, and guidelines applicable to the construction of the phase in question. If the CPDC makes no decision upon a Design Submission within 90 days of receipt of all required materials, said Special Permit condition shall be deemed to be satisfied regarding said PUD or phase thereof. The CPDC shall adopt regulations requiring one or more of the following in amounts and duration sufficient to guarantee that all commitments in the approved PUD Plan to provide public improvements or to take other actions are properly completed: performance bonds; deposit of money or negotiable securities with the Town, or a satisfactory agreement with a lending institution to retain funds pending completion of such improvements or actions.. If a PUD Plan is being developed in phases such guarantees may be provided in the discretion of the CPDC in increments relative to the phases being developed. If, for any PUD or construction phase thereof, the CPDC finds that either the Developer has failed to begin development within the specified time period, including any approved extension period, or that the Developer is not proceeding in conformity with the Special Permit, then the CPDC may, after 60 days from written notice (and any additional period which the CPDC may deem necessary so as to provide the Developer reasonable opportunity to cure any deficiencies), revoke the Special Permit as it applies to the phase of construction at issue and/or require that the Developer amend the Final PUD Plan subject to procedures specified in the Amendments to Final PUD Plan, Section 4.9.3.12. If the CPDC revokes the Special Permit for the PUD, then the Final PUD Plan shall be null and void as it applies to the phase of construction at issue and all subsequent phases which depend upon said phase for their construction and operation in conformance with the Final PUD Plan. The provisions of this paragraph may be enforced by the Reading Building Inspector by denying and/or revoking a certificate of occupancy or building permit in addition to the powers of enforcement already granted under the Zoning By-Laws and Massachusetts State Building Code. Upon satisfaction of all applicable Special Permit conditions, the CPDC shall issue a certificate of compliance for one or more PUD phases. No certificate of occupancy shall be issued for a given PUD-1 phase until a certificate of compliance has been issued. 4.9.4. Use and Dimensional Requirements at PUD-I: The following paragraphs shall serve as the basic Use and Dimension Requirements to which, all PUD-1 projects shall adhere within each PUD-I overlay district and 'shall be used by the Community Planning and Development Commission to evaluate any proposed project. 4.9.4.1. PUD-I Parcel Size and Eligibility: bility: The minimum size of a PUD-1 development parcel shall be 80,000 square feet. Development parcels, of .500,000 square feet or larger shall be termed "large PUD-Is" and qualifying parcels smaller than 500,000 square feet.shall be termed "small PUD-1s.° 12 A development parcel may consist of land in more than one ownership, provided that all lots comprised by the parcel lie entirely within the PUD-1 overlay district and are contiguous. Lots separated by a minor street or right-of-way as defined in Section 4.9.2.1. may be considered contiguous for this purpose. Proposed developments may include pre-existing buildings provided that all PUN requirements are satisfied by each new or existing building and for the PUD as a whole. More than one principal building may be located on a lot, Section 5.2.8. notwithstanding. 4.9.4.2. PUN Permitted Uses: Planned Unit Developments in an Industrial District may contain two or more of the following uses subject to the findings of the CPDC as to net benefit and adverse impacts of the proposed PUD: a. Office use; b. Research and Development uses, such as electronic or computer laboratories; biotechnology laboratories including those which utilize RDNA technology and low-level nuclear materials; light manufacturing related to electronic or computer laboratories or biotechnology laboratories including those which utilize RDNA technology and low-level nuclear materials, but excluding activities which exclusively possess, use or transfer licensed nuclear materials (including source materials, special nuclear materials, or by-product materials as defined in Title 10, Chapter 1 of the Code of Federal Regulations, Part 20, "Standards for Protection Against Radiation"), or other toxic or hazardous materials; C. Hotel; d. Restaurant (with no drive-thru service), place of assembly, and recreational use; e. Retail; f. Financial institution; g. Consumer service, ancillary to a permitted primary use pursuant to this Section 4.9.4.2.; h. Parking (including structured parking) to accommodate the above; Residential uses within 200 feet of Residence Districts; Open space. All other uses are excluded from a Planned Unit Development in an Industrial zone. 4.9.4.3. PUN Intensity of Use: The permitted intensity of use. in a PUD-1 development shall be expressed--asthe -ratio of --total-gross building. floor-area-.to-the. area of the development parcel (Floor-Area Ratio-or "FAR"). Gross floor area shall be measured from outside wall surfaces and shall include 13 ground floor areas of interior atriums and lobbies, and mechanical and utility space on C habitable floors, but shall exclude rooftop space, balconies, elevator pits, or non- habitable areas enclosed by ornamental roofs. Structured parking shall not be counted in the determination of Floor Area. Ratio. Areas classified as wetlands in MGL, Chapter 131, Section 40, as amended, may not exceed 10% of the development parcel area used to compute FAR. The basic allowable FAR for PUD-1 developments is 0.50 for small PUD-1 s and 0.55 for large PUD-Is. 4.9.4.4. PUD-1 Discretionary Intensity and Height Determination: The CPDC may approve additional FAR above the basic ratio for small or large PUD-Is and additional height above the basic limit if, it finds in applying the criteria of Section 4:9.4.5. that the net benefits to the Town are thereby increased. The CPDC may in no case increase the permitted Floor Area Ratio beyond 0.65 for small PUD-1 and 0.70 for large PUD-Is nor may it increase permitted height beyond the maximum limitations of Section 4.9.4.6. 4.9.4.5. Criteria for Determining Increased Development Intensity and Height in a PUD-1 District: The basic allowable intensity of use may be increased in a PUD-1 if the CPDC finds that provision of one or more of the following public improvements or amenities provides substantial public benefits. The additional building area permitted should . be commensurate with the quality and value to the Town of one or more of the following improvements and amenities: a. Significant improvement of the environmental condition of a site; b. Provision of or contribution to off-site public facility improvements which enhance the general condition of the district and surrounding areas; C. Dedication of open space or recreational facilities for use by the general public; d. Provision of open space beyond 15% of the parcel area, or of outdoor recreational facilities for use by a PUD-I project's occupants or by the general `public, and of sufficient size and quality to offset fully any adverse aesthetic effects of proposed parking garages; e. Work with other owners and tenants of a PUD-1 overlay district to develop and achieve district-wide and adjacent neighborhood improvement goals; f. Provision of public art, distinctive and appropriate design, or other amenities that a Developer may propose which will provide unique advantages- to the general public or contribute to achieving Town- wide improvement goals; 7.1 14 g. Provision of low or moderate income or elderly housing within the PUD-1 in conformance with this PUD-1 By-Law and/or off site in a manner acceptable to the Reading Housing Authority. 4.9.4.6. PUD-1 Dimensional Requirements: Each PUD-1 development shall be governed by the dimensional requirements of this section. These requirements apply only to the development parcel as a whole, not to individual lots within the PUD-I. The basic maximum height within a PUN shall be the lesser of 84 feet or six stories. Height shall be measured in the manner defined in Section 2.0. of this By-Law. The maximum height of residential structures within a PUD-I shall not exceed 40 feet or three stories. If 10 percent of such units are restricted for low or moderate income or elderly housing, the maximum height of all proposed residential structures shall not exceed 50 feet or four stories. In a large PUN, the CPDC may in its discretion and in accordance with Section 4.9.4.4. approve building heights up to 168 feet or 12 stories, whichever is less, subject to the following limitations: a. Buildings with over eight stories may not contain in aggregate more than one third of the total gross floor area of the PUD-1; b. At least one third of the gross floor area of the PUN shall be contained in buildings with six stories or lower; C. Only one building over 10 stories may be built for every 1,000,000 square feet of PUN parcel area; d. Buildings shall be oriented and arranged to provide the best overall appearance from important vantage points, which may be identified in a Pre-Application Conference; e. The increase in permitted height may not have any significant adverse effect on the PUD-1 Overlay District, adjacent residential districts or abutting property. However, the CPDC shall in no case approve building heights above the basic maximum height for any Planned Unit Development-Industrial in the area bounded by the MBTA railroad right-of-way and by the lots fronting on Ash Street. 4.9.4.6.1. PUD-1 Setbacks and Buffers: All non-residential buildings shall be located at-.least 50 feet from the boundary of the PUN. parcel. All non-residential buildings shall be located at least 150 feet from residential structures in existence at the time of Preliminary PUN Plan submission. All residential buildings within a PUN shall be at least 30 feet from the parcel boundary. but no further-.than 200. feet from a Residential District. There shall be a- landscaped.. and/or _ 15 naturally vegetated buffer at least 50 feet wide where the development parcel abuts C residential properties. Alternatively, where residential uses occur in the . PUD-1, a landscaped and/or naturally vegetated buffer at least 30 feet wide shall be provided. Along major arterial streets, as defined in Section 4.9.2.1., buildings shall be set back.at least 75 feet (or the height of the building if greater than 75 feet), and a landscaped and/or naturally vegetated buffer at least 50 feet wide shall be provided along such major streets, except where site entrances occur. No buffer may contain parking or paved surfaces except for pedestrian paths and site entrances. Between 9:00 a.m. and 3:00 p.m. (EST) from February 21 to October 21, no building may cast a shadow on any residential structure in existence at the time of Preliminary PUD-1 Plan submission. A PUD-1 shall set aside at least 15% of its total parcel area as required open space; additional open space will be considered in proposed development intensities in excess of the basic permitted FAR and height. Required Open Space shall have a minimum dimension of 20 feet (which may include the dimension across a water body) and shall be open to tenants and customers. within the PUD-I; access by the general public is desirable and will be considered in proposals for additional development intensity and height. A PUD-1 which includes residential use shall delineate the area of residential use and shall set aside at least 25% of the site within this area as open space available to and usable by the occupants of the residential units. Required Open Space may include: a. Wetlands and water bodies, including the normal water surface area of detention or retention ponds up to 50% of the required open space area; b. Vegetated/landscaped area, including buffers; C. Pedestrian paths, sidewalks, and covered walkways; d. Public plazas and hard surfaced recreation areas. 4.9.5. Environmental Standards and General Development Guidelines: In addition to conforming to the Use and Dimensional Requirements governing all PUD Overlay Districts, approval of a Special Permit to construct a PUD shall be granted also. upon determination by the Community Planning and Development Commission that a proposed PUD satisfies the following criteria; in any disapproval of a PUD, the CPDC shall state in writing the specific reasons for its finding that the proposed PUD does not satisfy one or more of the criteria. Mitigation measures proposed by the Developer, at no cost to the Town, shall be considered. Mitigation measures may include, among other options,.the_advancement or contribution to long term_capital improvement projects. The following is.-the criteria-CPDC shall, use in making such satisfactory determinations:, 16 a. That it conforms as appropriate to the existing policy plans established by the Town Meeting, Selectmen, and CPDC for the specific area of the Town in which the proposed PUD is located. b. That there is no significant adverse effect under any of the following: (1) Quality of site design, building design, and landscaping as they affect occupants of the proposed development, the PUD District, adjacent residential districts, and the Town of Reading as a whole; (2) Traffic flow and safety in the context of this and other proposed developments in the PUD Overlay District and sensitive nearby areas, which may be identified in the scope of a State Environmental Impact Report and/or in a Pre-Application Conference; (3) Water quality, air quality, wetlands, and the natural environment; (4) Provision of open space; (5) Adequacy of utilities and other public works and impact on existing public facilities within the Town; and (6) Potential fiscal impact to the Town of Reading. C. That approval of the proposed PUD provides benefits to the Town which outweigh all adverse effects, as evaluated under the above criteria. 4.9.5.1. Environmental Standards: A PUD shall conform in each phase to all applicable Federal, State, and local laws and regulations (including all such regulations established by the U.S. Environmental Protection Agency and the Massachusetts Department of Environmental Protection) regarding the environment such as those concerning noise, air quality, wetlands, water. quality, and protection from flooding. 4.9.5.2. . Transportation, Site Circulation and Parking: No vehicular access (except for emergency vehicles and structured parking access) shall be allowed between the portion of a Planned Unit Development used for non- residential purposes and any residential street. Safeguards shall be imposed by the CPDC to prohibit or minimize commercial traffic access across residential areas. Dwellings built pursuant to a PUD-R Special permit and which are located within 300 feet of a Town Boundary shall be accessed through the abutting municipality to the extent lawful and feasible as determined by the CPDC. 17 4.9.5.2.1. Significant Traffic Impact: The CPDC may not approve a proposed PUD C which in its opinion has significant adverse traffic impact, as determined following examination by the CPDC of the Developer's traffic analysis and any other traffic analysis of the affected area available to the CPDC which is germane to the proposed PUD. In making its determination, the CPDC shall consider the feasibility of any capacity improvements and mitigating measures proposed to be provided by the Developer at no cost to the Town. In making such determinations, the full traffic `impact of all other previously approved and valid permits shall be . considered, regardless of project phasing. Without limitation, the determination of significant.adverse impact shall consider traffic volumes, speeds, and resulting levels of service on residential streets, approaches to the site of the proposed.PUD and other key locations, all of which may be identified in a Pre-Application Conference. 4.9.5.2.2. Transportation Plan: The PUD Developer shall prepare an acceptable Transportation Plan aimed at reducing traffic congestion through means such as spreading peak hour traffic, encouraging public transportation use and ride sharing. The. Plan shall include transportation goals and specific means to achieve them, such as employment of a Transportation Coordinator to facilitate proposed actions; provision of shuttle bus service to public transportation; van-pooling programs and flex-time requirements. The Plan shall to the extent feasible include provisions to establish a mechanism for participation in the Plan by subsequent owners and tenants of the PUD, and the Developer shall guarantee sufficient financing of the Transportation Plan to initiate and continue its operation through the first year of PUD occupancy. Developers may arrange to coordinate their plans and share in the cost of such measures on an area-wide basis. 4.9.5.2.3. Site circulation shall meet accepted design standards for private automobiles, service vehicles, and emergency vehicles. It is highly desirable to consolidate access to PUD's in a small number of widely spaced principal access points, which may be driveways or Town-accepted side streets lying entirely within the PUD Overlay District. Principal access should be consolidated in as few locations as possible and, if feasible, it is desirable for adjacent developments to share principal access. Principal access points generally, should be spaced and aligned or alternated according to good traffic engineering practice, and should be signalized if necessary. 4.9.5.2.4. Parking should be provided in at least the following ratios through each phase of development, unless the CPDC determines that a larger number of spaces are dictated by special circumstances: a. For office and research and development uses, and uses ancillary to them, three parking spaces per 1000 gross square feet of floor area; b. For hotels and customary uses within them, one parking space per rentable room or suite; 18 C. For residential uses, two parking spaces per unit, which parking spaces may be stacked (one space being located directly behind the other) to a depth of two spaces if serving the same residential unit. The CPDC may allow shared parking on adjacent premises to count towards the residential parking requirement, if the CPDC determines that such shared parking meets the criteria in Section 4.9.5.2.5; d. For places of assembly, one parking space per four seats; e. For restaurants, one parking space for every four persons of the rated seating capacity of the facility, plus one parking space for every employee on the largest shift; f. For retail uses, one parking space per three hundred square feet of gross sales floor area; g. For financial institutions, one parking space for each one hundred square feet of floor area devoted to.general banking services for public uses, including area for automatic teller machines, plus one parking space for each two hundred and fifty square feet devoted to office use, plus stacking lanes for six cars at each drive-thru, plus one bypass lane for the drive-thru area. Ancillary uses should not normally require additional parking spaces. Loading requirements shall be determined based on activity analysis provided by the Developer. Parking stall size shall be at least 8.5 by 18 feet, with provision for larger spaces as required by the CPDC to accommodate short term parking, handicapped and large vehicles. Parking lots shall be landscaped in conformance with Section 4.9.5.5.6. 4.9.5.2.5. Shared parking may be approved by the CPDC as part of the PUD decision subject to the following criteria: a. Shared parking areas must be shown on a plan, be definable, be separated by topography from other shared parking areas, and be in close proximity to the uses they serve; b. Parking needs between the uses sharing parking areas shall be shown by the applicant to be different in terms of the times of the peak needs with little overlap of such peak needs; C. The number of parking spaces for a shared parking area shall be at least the required number for the larger of the needs; d. An executed lease or other form of agreement between or referencing the parties sharing parking must be filed with the CPDC and the Town Clerk prior to issuance of a building permit for the uses sharing the parking, such agreement shall be approved as to form, only, by Town Counsel; 19 e. If uses, or parties in interest noted in subsection d. above, change for the areas delineated on the PUD plan, then a modification subject to the requirements of Section 4.9.3.12. shall be filed and decided upon by the CPDC prior to the issuance of building permits for the proposed areas. 4.9.5.2.6. Roadways within a PUD shall be constructed in conformance with standards established by the Reading Department of Public Works. The design of the overall circulation pattern shall be prepared in accordance with the principles and concepts established in "Recommended Practices for Subdivision Streets" prepared by the Institute of Traffic Engineers (1965). 4.9.5.3. Public Works Standards: All on-site and off-site improvements, which include the installation of utilities, public lighting, sewers and other public improvements, shall be constructed according to the standards of the Reading Public Works Department and other appropriate departments. 4.9.5.4. Control of Runoff and Flooding: The Developer shall demonstrate that, as compared with the situation that would exist on the site without the PUD, no phase of the proposed PUD will result in an increase in the peak rate of storm run-off at the parcel boundary for the PUD as a whole for the 25, / 50, and 100 year design storms, and that there will be no net loss in flood storage capacity for the 100 year design storm. In making such determinations, any state or local orders or requirements that apply (for example, required closure of landfills or existing Orders of Conditions under the Wetlands Protection. Act) shall be assumed in the calculations of runoff and flood storage without the PUD, but alternative forms of development shall not be assumed. 4.9.5.5. Design Quality: Project design shall be reviewed by CPDC with input from Town officials, the review consultant(s) employed by the CPDC, and other property owners in the PUD Overlay District. The following are to be interpreted as guidelines to be applied flexibly by the CPDC and as appropriate to the situation under review, including factors such as foundation conditions., and other extraordinary constraints. These guidelines apply to all site improvements, buildings and structures, including structured parking facilities. 4.9.5.5.1. Building Placement: a. Provide and preserve attractive views from major vantage points, especially from major thoroughfares and residential neighborhoods. b. Avoid regular spacing and building placements that will be viewed as continuous walls from important vantage points, which may be identified in a PUD. Pre-Application Conference. 20 4.9.5.5.2. Building Massing/Articulation: a. Avoid unbroken building facades longer than 100 feet. b. Provide human scale features, especially at street level. C. Avoid unarticulated and monotonous building facades and window placement. 4.9.5.5.3. Roofline Articulation: a. Provide a variety of building heights and varied roofline articulation. b. Provide step backs above the fourth level on buildings within 100 feet of major streets. C. In PUDs comprising three or more buildings, and where buildings over six stories in height are proposed, locate taller buildings away from major streets and residential uses. 4.9.5.5.4. Building Materials: a. Use materials and building treatments that reduce the visibility of buildings from distant vantage points and are compatible with backgrounds and surroundings. b. Use materials and colors compatible with other quality buildings of similar scale in the area. 4.9.5.5.5. Landscape Treatment: a. All open areas within a PUD should be landscaped in an appropriate manner utilizing both natural and manmade materials such as grass, trees, shrubs, attractive paving materials and outdoor furniture. b. Deciduous trees should be planted along new and existing streets. C. Plazas, arcades, malls, and similar amenities are encouraged. d. Outdoor lighting should be considered in the landscaping plan and should be designed to complement both manmade and natural elements of the PUD and adjacent areas. e. Intensive, high quality landscaping should be provided within the PUD where it abuts major streets and on internal drives to achieve a boulevard character. f. Landscape treatment should be emphasized on site boundaries residential d,.istricts 21 e, g. Existing vegetation shall be maintained wherever possible to provide buffers and enhance site development. 4.9.5.5.6. . Parking Lots: a. Parking lots should use landscaping, screening, and terracing to breakup large areas of pavement and to enhance the appearance of such areas to the greatest extent feasible, but no less than 5% of the total parking lot area. b. Most parking lot landscaping should have a minimum dimension of five feet. C. Trees and shrubs should be used to the maximum extent feasible. 4.9.5.5.7. Pedestrian Amenities: a. Emphasize pedestrian amenities such as covered walkways, landscaped open space,. drop-off areas, and recreation facilities such as pedestrian and/or jogging paths along on-site watercourses or which follow a PUD.. parcel boundary. b. Tree lined or otherwise appropriately landscaped pedestrian walkways should link together areas designated as open space within the boundaries of a site and wherever possible with designated open space throughout a PUD Overlay District. 4.9.5.5.8. Utilities: a. To the extent feasible, all utilities should be located underground. 4.9.5.6. Signage: 4.9.5.6.1. CPDC will review all allowed signage pursuant to the requirements of Section 4.9.5.6.4. and the following general criteria: a. Signage shall minimally meet the purpose of facilitating public and private convenience and necessity; providing direction and facilitate proper traffic flow; alleviating congestion on public streets; providing sufficient access to private lands and businesses; minimizing curb cuts to public streets; or encouraging utilization of fewer (or a single) curb cuts by more than one user. b. Sign scale is appropriate in relation to development scale, viewer distance and travel speed, and sign sizes on nearby structures. C. Sign materials, colors, .lettering style and forms are compatible with building design and use. d. Sign content does not overcrowd the background. e. Sign legibility is not impaired by excessive complexity, multiple lettering styles or colors or other distracting elements. 22 f. In cases where access to a public street is pursuant to Massachusetts State Curb Cut, the Massachusetts Highway Department shall be consulted. 4.9.5.6.2. CPDC will review all allowed signage pursuant to the requirements of Section 4.9.5.6.4. and shall use the following additional criteria to determine (unless otherwise provided. for in this Section 4.9.5.6.) the number, sizes/dimensions, and locations of all signs on the lot: a. The relationship between the size of a building facade(s) with the size of the sign for that building; b. The relationship between the number of tenants with the size of the sign; C. The relationship between the size of a sign and the distance between the structure; d. The relationship of the location of entrance points to the lot from existing roadways, the parking areas, and the internal circulation design to the location and size of signs; e. The relationship of the topography of the lot and existing vegetation on or off the lot as it relates to the siting and visibility of a sign from the adjacent roadways; f. The relationship of the topography of the lot to the siting and visibility of a sign from adjacent residential uses; g. Site distance calculations and motor vehicle traffic and speeds; h. The utility of the sign as it relates specifically to the purposes stated in Section 4.9.5.6.1.a. above. 4.9.5.6.3. Overall Signage Requirements: a. Signage shall be so designed, located, and sized to meet the minimal requirement of clear direction to the site and through the site. No sign, portion of a sign, or structural support for such sign should extend above the lowest point of the main roofline of a building the sign serves in identifying, unless otherwise approved by the CPDC. C. Any lighting of a sign shall be constant (non-blinking), stationary and installed in a manner that will prevent light from falling on any street or adjacent property. Lighting shall be directed solely at the sign, or be internal to the sign. All internally illuminated signs shall have an opaque background or signboard such that illumination shows through only the lettering and/or graphics. d. No sign shall be illuminated between. the hours of 1 1:00-p.m. and 6:00 a.m. except signs for businesses open during those hours. 23 e. Signs shall not be designed, colored, or placed to create a hazardous condition for motor vehicle traffic. f. No animated, moving, or flashing signs shall be permitted on the building or in the building so as to be seen from the outside, on the lot or the adjacent lot. Traditional holiday decorations and lights, when in season, are allowed. g. Temporary real estate signs advertising rental, lease, or sale of the property, or part thereof, shall be allowed for each use for up to ninety (90) days by application to the Building Inspector. Such signs shall be set back a minimum of ten (10) feet from the street line, shall be unlighted and shall not exceed sixteen (16) square feet in area. Renewals of temporary real estate signs shall be allowed by application to the Building Inspector. One such real estate sign per lot, not to exceed thirty-two (32) square feet in area and twelve (12) feet in height shall be allowed, upon application to the Building Inspector, for a period not to exceed the date of the end of the PUD decision appeal period to the date of occupancy of the first phase of the approved PUD development. h. No window signs or any other interior signage that is visible.from the outside is allowed. Repair and Maintenance - The Building Inspector is authorized to order the repair or removal of any sign and its supporting structure that, in the judgment of the Building Inspector, is dangerous, or in disrepair, or which is erected or maintained contrary to this By-Law. Such repair or removal shall be the responsibility of the building owner, and must be completed within thirty (30) days of notification by the Building Inspector.. Appeals from the Building Inspector's order shall be to the Zoning Board of Appeals. Within one hundred and twenty (120) days of the closing of a business, all wording on any sign referencing that business must be painted over or obliterated by the applicant for the PUD special permit and/or the building owner. Signs prohibited in Sections 6.22.4.x., b. and d. are prohibited in a PUD: Signs exempted in Sections 6.2.2.5.a., f. and j. are exempted in P PUD. 4.9.5.6.4. Allowed Signs in the PUD-I: a. Freestanding identification ground signs. (1) Identification signs may be placed as a ground sign between the street and the building. (2) If the lot faces on two (2) or more streets/highway, and/or if the lot has more than one entrance from a right of way, one (1) sign serving each street/highway shall be allowed, and one (1) sign per entrance shall be allow.ed., up to a. maximum of three (3),free- standing signs per lot. 24 b. Directional signs, building markers. Such signs shall not exceed four (4) square feet in area, shall not be more than four (4) feet high if placed on the ground, and shall not extend above the roofline, if upon a wall. No advertisement is allowed on this type of signage. C. One wall sign per building or tenant is allowed. For tenants or buildings facing more than one street/highway, one additional sign for that tenant is allowed facing such street/highway. d. For each building within a PUD-1 district, signs Iodated at the entry door of specific tenants in a multi-tenant building. e. Signs allowed in Sections 6.2.3.2.i., k. and 1. are allowed in a PUD-1 4.9.5.6.5. Notwithstanding anything in this PUD By-Law to the contrary, signage in a PUD-R shall be subject to the following additional limitations: (a) The residential portion of a PUD-R may only have low identification signage of a size and design as is approved by the CPDC, directional signage and such signage as is allowed in the underlying residential district; (b) Commercial signage must be located within 300 feet of a Town boundary and shall only face an interstate highway. 4.9.5.7. Special Requirements for Biotechnology Uses: The following provisions shall apply to any establishment involving the use of biotechnology: a. Biotechnology Exclusion: Any RDNA technology use requiring BL4 level of containment or higher, as classified by guidelines or regulations promulgated by the National Institutes of Health (NIH) of the United States Department of Health and Human Services, including those contained in 46 F.R. 34463- 34487 on July 1,1981 as may be amended and 45 F.R. 24968-24971 on April 11, 1980, as may be amended, shall be prohibited. b. Safety Requirements: Any use of RDNA technology shall require compliance with the administrative safety requirements of Section IV-D of the "Guidelines for Research Involving Recombinant DNA Molecules" (46 F.R. 34463-34487) promulgated by the National Institutes of Health, on July 1, 1981, as may be. amended, including but not limited to the following: (1) Establishment of an Institutional Biosafety Committee (IBC), (2) Development of safety plans and manuals, (3) Appointment of a Biological Safety Officer. C.- Permits. and Inspections: Any use of RDNA technology within a Zoning Overlay-District shall require a Special Permit issued by the Reading - 25 Board of Health. Such permit shall be issued upon certification by the BC that the facility is in compliance with this PUD By-Law and NIH guidelines. The Board of Health shall conduct annual inspections to ensure compliance. The IBC shall renew certification annually. d. Environmental Surveillance Program: The BC shall establish medical and environmental surveillance programs in accordance with NIH guidelines and submit such programs to the Board of Health for approval. Such surveillance programs shall ensure compliance with all applicable State and Federal Codes and regulations, and all test results shall be submitted to the Board of Health on a periodic basis. Emergency preparedness training and any associated additional cost for the Department of Human Services, Fire Department, Police Department, and Department of Public Works shall be conducted by facility safety personnel and paid for by the occupant to train Town personnel for emergency response. Such training shall be paid for by the developer or facility. 4.9.6. Use and Dimensional Requirements as to PUD-R: The following paragraphs shall serve as the basic Use and Dimension Requirements to which all PUD-R projects shall adhere within each PUD-R overlay district and shall be used by the Community Planning and Development Commission to evaluate any proposed project. 4.9.6.1. Parcel Size and Eligibility: The minimum size of a PUD-R development parcel shall be 10 acres. A development parcel may consist of land in more than one ownership, provided that all land comprising the parcel lies entirely within the PUD-R overlay district and is contiguous. Lots separated by a minor street as defined in Section 4.9.2.1. or right-of- way or private way may be considered contiguous for this purpose. Proposed developments may include pre-existing buildings provided that all PUD requirements are satisfied by each new or existing building and for the PUD as a whole. More than one principal building may be located on a lot, Section 5.2.8. notwithstanding. 4.9.6.2. Permitted Uses in PUD-R: Planned Unit Developments in an underlying residential district may contain two or more of the following uses subject to the findings of the CPDC as to net benefit and adverse impacts of the proposed PUD: a. Residential uses, including one family dwellings, two-family dwellings, townhouses and apartments b. Any or all of the uses allowed in a PUD-1 in_paragraphs (a), (b), .(c), (f) _ and (h) of Section 4.9.4.2., housing for the elderly, day care facility, elder care facility, nursing home, medical clinic and ancillary offices 26 and facilities, but only if such uses are located within 300 feet of a Town boundary. C. Retail, consumer service, restaurant (with no drive-thru service), and place of assembly and recreational use, but only if such use is located within 300 feet of a Town boundary and is specifically found by the CPDC to be ancillary to or supportive of a permitted use proposed in the PUD-R development. d. Open space - Areas used for open space, yards, buffer areas, private ways, walkways, driveways, parking, recreation areas and areas classified as resource areas in MGL, Chapter 131, Section 40, as amended, and in the Reading Wetlands By-Law; such open spaces as may be included in determining open space requirements pursuant to Section 4.9.6.4.2.e. e. Recreational Uses. f. Public and Quasi-Public Uses as set forth in Section 4.2.2. g. All other.uses are excluded from a Planned Unit Development in a PUD-R. Adult Uses are expressly prohibited in a PUD-R District. h. To encourage and promote the establishment of those uses permitted in Section 4.9.6.2.(b) within portions of a PUD-R district that are within 300 feet of a Town boundary, no two-family dwellings, or multifamily dwellings shall be built pursuant to a PUD-R Special Permit on land that is within 300 feet of a Town boundary for a period of seven years after the adoption of the Zoning By-Law placing such land within the PUD-R overlay district. In recognition of increased density and economic benefits to the applicant pursuant to a PUD-R Plan, the CPDC may consider and condition the number and interior layout of bedrooms in each residential unit that are being proposed by the developer in evaluating the criteria pursuant to Section 4.9.5. of this By-Law. 4.9.6.3. Intensity of Use in PUD-R: 4.9.6.3.1. Residential: The basic permitted intensity of the residential use in a PUD-R development shall not average more than six (6) units to the acre for the portions of a PUD-R development that are more than 300 feet from a municipal boundary. If developed residentially, as per Section 4.9.6.2.h., the basic permitted intensity of residential use in a PUD-R development shall not average more than eleven (11) units to the acre for the portions of a PUD-R development that lies within 300 feet of a Town boundary. 4.9.6.3.2. Uses as described in Section 4.9.6.2. b, c and f, respectively: -.The-basic permitted intensity of commercial use in a PUD-R development, expressed as the Floor Area Ratio, is 0.55. In order to assist in making this calculation, plans 27 submitted for a PUD-R Special Permit that contain a such use shall show what portion and area of the development parcel will be put to such use. Land under dwellings, residential court yards, residential driveways, non-structured parking areas that serve only residential uses and roadways that serve only residential uses shall not be counted as part of the development parcel in calculating the FAR. Areas which have been counted to satisfy the intensity limit for residential use may not be counted also to satisfy the intensity limit for commercial use and areas which have been counted to satisfy the intensity limit for commercial use may not be counted also to satisfy the intensity limit for residential use. 4.9.6.4. Dimensional Requirements: Each PUD-R development shall be governed by the dimensional requirements of this section. These requirements apply only to the subject parcel as a whole, not to individual lots created within the PUD-R. 4.9.6.4.1. Height: The maximum building height within a PUD-R shall be as follows: a. The maximum building height as to a dwelling shall be 30 feet except that a dwelling that is more than 50 feet from the PUD-R parcel boundary may be 35 feet.in height and a dwelling that is at least 150 feet from dwellings that are outside of a PUD and in existence at the time of Preliminary PUD Plan submission, may have a maximum height of 40 feet, excepting that a dwelling that is within 300 feet of the Town boundary may have a maximum height of 70 feet. b. The maximum height of a commercial building shall be 72 feet. Height shall be measured in the manner defined in Section 2.0. of this By-Law. 4.9.6.4.2. Setbacks and Buffers in a PUD-R: a. The extent of buffering and, setbacks shall in every case be based upon the following criteria as reviewed by the CPDC: Existing topography Existing Vegetation Existing and Proposed Structures within and outside the PUD-R district b. Non-residential Setbacks: All non-residential buildings shall be located at least 50 feet from the boundary of the PUD parcel, excepting a boundary which is also the Town boundary. Non-residential buildings (except structured parking) shall not be located less than 150 feet from dwellings outside of a PUD and in existence at the time of Preliminary PUD Plan submission without the written consent of the owner of such dwellings and shall not be less than 50 feet from dwellings in the PUD parcel. There shall be a landscaped and/or naturally vegetated buffer at least 50 feet wide where a non-residential area of a PUD-R parcel abuts residential properties outside the PUD-R district. r, 28 C. Shadow Impact: Between 9:00 a.m. and 3:00 p.m. (EST) from February 21 to October 21, no building may cast a shadow on any dwelling outside of the PUD-R parcel and in existence at the time of Preliminary PUD Plan submission. d. Residential Setbacks: All dwellings within a PUD-R shall be at least 20 feet from the PUD-R parcel boundary, which 20 foot strip shall be landscaped and/or naturally vegetated, except that a dwelling that is between 30 and 35 feet in height must be at least 40 feet from the PUD-R parcel boundary (excluding a parcel boundary that is also a Town boundary) and a dwelling that is over 35 feet in height must be at least 50 feet from the PUD-R parcel boundary (excluding a parcel boundary that is also a Town boundary). Natural vegetation shall be preserved in the minimum setback area along the PUD-R parcel boundaries that abut property used for residential purposes as reviewed and determined by CPDC. Buildings within the PUD-R which contain residential units shall be no closer than 15 feet to each other. e. Open Space: A PUD-R shall set aside at least 25% of its total parcel area as required open space. Required Open Space may include wetlands and water bodies; vegetated/landscaped area, including buffers; pedestrian paths, sidewalks, and covered walkways; public plazas and hard surfaced recreation areas. Required Open Space shall have a minimum dimension of 20 feet (which may include the dimension across a water body) and shall be open to occupants within the PUD-R; access by the general public is desirable. f. Recreation Space: A PUD-R that includes land within three hundred feet (300') of the Town boundary must provide at least 15% of land within three hundred feet (300') of the municipal boundary for recreational uses, such uses being subject to approval of the CPDC. 4.9.6.5. Private Ways: Private ways shall be allowed in a PUD-R development, provided that: a. Site circulation shall meet accepted standards in the judgement of the . Town Engineer for private automobiles, service vehicles and emergency vehicles. b. Private way pavement widths shall not be less than twenty four (24) feet. The construction standards for such private ways shall provide sufficient base and surface strength in the judgment of the Town Engineer to support normal vehicular usage, including but not limited to emergency vehicles and delivery trucks, and plowing. The allowable private way grades shall be between 1 % and 10% and private ways shall have a minimum centerline. radius of 75 feet. Private ways ending in a dead-end shall have a cul de sac with a minimum curve radius of forty-five feet. C. A private way in a PUD-R must have adequate, alternative vehicle connectors. to other private ways or roadways to provide alternative access for emergency vehicles. Such emergency access connectors may be gated in a manner 29 satisfactory to the CPDC to avoid non-emergency use, but may cross any existing zoning district. d. Drainage and surface runoff are suitably accommodated. e. Ways shall be continuous and, where possible, in alignment with existing ways. All proposed ways shall compose a convenient system with adequate connections to ensure full movement of vehicular travel. f. If adjoining property is not subdivided, consideration shall be given to the possibility of future connections. In any case where developable land, whether publicly or privately owned, adjoins the subject property; proposed ways and/or easements shall continue to the exterior boundary of the PUD-R site plan unless otherwise approved by the CPDC. PUD-R plans shall specify that such private ways are not to be dedicated to the Town but are to remain private ways; and all deeds conveying any portion of land or a structure in a PUD-R development containing private ways shall specify that such private ways shall always remain private ways. Driveways which provide access only to one residential building that contains 15 or fewer units or driveways that provide access only to a residential parking area do not need to meet the private way requirements, but such driveways shall be of a sufficient layout to provide safe and adequate access, in the judgment of the CPDC as advised by the Town Engineer. 4.9.6.6. Owners' Association: In order to ensure that private ways, common open spaces and common facilities within a PUD-R development will be properly maintained, each PUD-R development shall have one or more Owners' Associations, which shall be an entity established in accordance with appropriate State law, and shall establish related covenants by suitable legal instruments recorded at the Middlesex South Registry of Deeds or Registry District of the Land Court. As part of the Final PUD-R Plan submission, the Developer shall supply to the CPDC copies of such proposed instruments for review and approval prior to the issuance of an occupancy permit. In cases where the PUD-R Plan proposes private ways, said legal instruments pertaining to the Owners' Association shall specify that the Owners' Association shall be solely responsible for private way maintenance, snow plowing, trash removal, and improvements, for all costs associated with the operation and maintenance of street lighting, and for reimbursement to the Town of all costs incurred by the Town relative to such private ways. In cases where the PUD-R Plan shows private utilities, said legal instruments shall specify that the Owners' Association shall be solely responsible for the operation and maintenance of said utilities. Such instruments shall provide for the periodic payment by owners within the PUD-R development of adequate amounts -to maintain the private ways, private utilities, and open space and drainage system and set forth enforcement rights for collection of said periodic payment. 30 . 4.9.6.7. Landscaping Requirements in PUD-R: Notwithstanding any and all other requirements in Section 4.9., the following management of existing vegetation shall occur for PUD-R applications: a. Prior to any cutting of vegetation and grading of the PUD-R, the developer and representative(s) of the Town of Reading delegated by CPDC, including any member of CPDC, the Town Planner, and/or the Tree Warden, shall meet on the site to review which existing site trees shall be saved. Before this meeting, the developer shall have staked the corners and property lines of the PUD-R project and the corners of all proposed structures' locations, and the developer shall have clearly marked with red flagging each tree or group of trees the developer proposes to save. At this meeting, said CPDC representative(s) shall approve or amend on site such marked trees and any others they shall deem appropriate to be saved, which shall immediately be similarly marked by the developer. Should the developer object or take issue with any determination of the CPDC representative (s), the developer may appeal such determination to the full CPDC. b. Prior to the commencement of any site grading, the developer shall erect around all such marked trees barriers for shielding around the trunks of such trees; these barriers shall be located no closer than six (6) feet from the trunk of each such tree or one-half (1/2) the distance from the trunk to the drip line of each such tree, whichever is greater. Also prior to the commencement of any site grading, the developer shall prepare a Record Plan showing the approximate location, size and type of all such groups of marked trees to be saved and submit such Plan to the Tree Warden for verification. Any modification to the Record Plan may be made with the agreement of the above parties. The Town Planner shall not approve a building permit for any construction and the Building Inspector shall not issue a building permit for any structure within the PUD-R until certification is received from the Tree Warden that these conditions have been complied with. 4.9.6.8. Stormwater Drainage: All PUD applications shall provide proof of compliance with the Department of Environmental Protection Stormwater Regulations. 4.9.6.9. Pedestrian Access: All PUD applications shall contain safe and convenient pedestrian access throughout the project site and connecting to adjacent roadways and/or parcels. 4.9.6.10. Affordable Housing: The intent of this section is to increase the supply of housing in the Town of Reading that is available to and affordable by low and moderate income households and to encourage a greater diversity of housing accommodations to meet the needs of the Town, and to - -develop and maintain a satisfactory proportion of the Town's housing stock as affordable-- housing. 31 Any PUD-R development shall provide within the Town of Reading, affordable housing units equal to ten percent of the total residential units in the PUD-R. For property within 300' of the municipal boundary if developed residentially, requisite affordable units shall be equal to fifteen percent of the total residential units in this area. When the percentage calculation does not result in a whole number, it shall be rounded to the nearest whole number. The following standards shall apply to assure the maximum public benefit from such affordable housing: a. Restriction: The developer shall provide an adequate guarantee, acceptable to the CPDC, to ensure the continued availability of the affordable units in perpetuity; such guarantee may include deed restrictions, recorded deed covenants relative to equity limitation, or other acceptable forms. b. Marketing/Selection: The marketing and household selection process as to the affordable units shall be conducted in collaboration with the Town or its designee. Local Preference: To the extent to do so would not cause the affordable units not to be qualified as affordable housing pursuant to guidelines established by the Massachusetts Department of Housing and Community Development and to the extent allowed by law, preference as to affordable units shall be given initially to current Reading residents, employees of the Town of Reading, or those prospective buyers who Were formerly Reading residents for ten (10) years or more. The Town shall establish an equitable procedure to implement this preference. d. Appearance: On site affordable housing units shall have a minimum gross floor area of one thousand (1,000) square feet and an exterior. appearance designed to be substantially indistinguishable from market-rate units. e. Minimize Fees: If the affordable units are being sold as condominium units, in order to minimize the monthly condominium fees to be paid by those affordable units, the value assigned to such units and the percentage of interest in the common areas allocated to those affordable units shall recognize the affordable restrictions imposed on such affordable units, to the maximum extent allowed by MGL Chapter 183A and other applicable law. f. Developing Units: No more than twenty-five percent (25%) of the building permits for the market rate residential units shall be issued for any PUD-R development until construction has commenced on one-sixth of the afford- able units. No more than fifty percent (50%) of the occupancy permits for the market rate residential units shall. be issued for any PUD-R development until occupancy permits are issued for one-third of the affordable. No more thaneighty five percent (85%) of the occupancy permits for the market rate residential units shall be issued until occupancy permits have been issued for two thirds (2/3) of the.affordable.units. The CPDC may require. financial assurances in an amount as determined by CPDC from the applicant for the _ remaining one third (1/3) of affordable units required to be provided. 32 g. Off-Site Units: Up to 50% of the required affordable units may be located off- site from the PUD-R location within the Town of Reading. In order to use this option, the size and types of units, unit location, and density of said units shall be approved by the CPDC as part of their approval for the related PUD-R Special Permit. As a premium for the Developer being able to place affordable units off site, for every three affordable units the developer elects to place off--site, the Developer must provide an additional bonus affordable unit, which additional bonus unit does not count towards the ten percent of affordable units the Developer is required to provide. The placing of bonus affordable units off site does not result in a requirement of additional bonus units. Amend Section 4.2.2 Table of Uses only as follows: Principal Uses RES RES RES BUS BUS BUS IND Residential Uses PUD-R SPP* No No No No No No Business and Service Uses Remove line dedicated to "Planned Unit Development and insert the following: PUD-1 No No No No No. No SPP* _ or take any other action with respect thereto. Community Planning and Development Commission Background: The Community Planning and Development Commission views this amendment to the.Zoning By-Law favorably. The purpose of this zoning amendment is to prepare the property known as Longwood Poultry Farm on West Street for re- development. CPDC utilized the land use policy statements from the 1991 Master Plan as well as the recommendations of the 1997 Longwood Poultry Farm Committee in creating the basis for the document above. The Commission has been meeting in an open workshop forum since January 2002 with the property owner and interested parties to formulate this document in its final form. It is the intention of the text and map amendments to segregate the current Planned Unit Development zoning into two parts: Industrial and Residential. Some controls are meant to apply to both types of PUD developments, whereas specific restrictions and controls apply to the segregated Industrial or Residential type PUD's. The CPDC will be making a report at the beginning of discussion on this Article on the status of Reading's compliance with Chapter 40B of the Massachusetts General Laws. Chapter 40B deals with the requirement that all communities work towards a goal of providing 10% of their housing stock as affordable housing. This report is relevant to this Article because the alternative to development of this property under the proposed re-zoning included in this Article, is development under Chapter 40B of 288 units of condominiums on approximately 18.5 acres of the site, with 25% of the units to be affordable housing units. 33 Finance Committee Report: No report. Bylaw Committee Report: Action pending. CPDC Report: The CPDC held a Public Hearing on this Article on August 26, 2002 and unanimously recommended the Article to Town Meeting. ARTICLE 5 To see if the Town will amend the Town of Reading Zoning Map as follows: ♦ Remove all designated areas in the Industrial Zone denoted as PUD and replace same areas as PUD-I. s Designate the following Assessors Map and Lot numbers as PUD-R: Assessors Map 96, Lot 13; Assessors Map 80, Lot 30; Assessors Map 58, Lots 4, 6, 7, 8, &10 or take any other action with respect thereto Community Planning and Development Commission Background: See background for Article 5. Finance Committee Report: No report. Bylaw Committee Report: Action pending. CPDC Report: The CPDC held a Public Hearing on this Article on August 26, 2002 and unanimously recommended the Article to Town Meeting. ARTICLE 6 To see if the Town will vote to amend one or more of the votes taken under Article 7 of the Warrant of the Annual Town Meeting of April, 22, 2002, relating to the Fiscal Year 2003 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: Following the final adoption of the State Budget and a final review of anticipated revenue for FY 2002; , several amendments are required to the FY 2003 Budget. It is desirable to make these amendments at this time so that the tax rate for the Town can be set in a timely manner. The following are the amendments included in the budget document: 34 ♦ Line B5, reflected in the voted total in Line B17 - Reduced $5,000 because of the turnover in the Town Planner's position. ♦ Line D6 reflected in the voted total in Line D15 Increase by $25,000 to settle litigation with the Fraen Corporation relative to alleged contamination of their site by a gasoline spill on the adjacent DPW site. o Line J - Reduced $6,341 reflecting the budget actually approved by the communities of the Northeast Metropolitan Regional Vocational School District. ♦ Line K1 - Increase by $154,164 reflecting the debt service excluded from the provision of Proposition 21/2 by the voters last Spring for the development of schematic plans for the Reading Memorial High School. This expense is offset on the revenue side by an increase in the property tax revenues in the same amount. ♦ Line L4 as reflected in the voted total on Line L8.- There is no change in the total expense but an additional $211,904 of Free Cash used to balance the FY 2003 Budget. This will leave a total of approximately $1,077,000 in Free Cash for the remainder of FY 2003 and/or use for the FY 2004 Budget. This is approximately $100,000 more than the Town had in Free Cash at this time last year. Finance Committee Report: The Finance Committee's recommendations are included in the attached budget reports. All amendments are recommended by a vote of 6-0-0. Bylaw Committee Report: No report. r ARTICLE 7 To see if the Town will authorize the Board of Selectmen to file a Home Rule Petition with the General Court of the Commonwealth of Massachusetts addressing issues related to the terms and circumstances of retired Reading Police Officers working police details in the Town of Reading, or take any other action with respect thereto. Board of Selectmen Background: The Town has determined that utilizing retired Reading Police Officers for details is desirable but not practical under current circumstances. Because the officers are retired, there is no standard for maintaining their training for protection in the event of injury on duty and other situations. The Town of Stoneham discovered this problem a couple of years ago and has secured Home Rule Legislation to remedy the problem. This Article would allow the Reading Board of Selectmen to do the same. Attached is a copy of the approximate language that would be filed as a Home Rule petition based on the Stoneham language. Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 3-0-0. The Bylaw Committee agrees with the need to supplement the manpower resources of the Police Department while at the same time, this Article will extend certain protections to the Town and the retired officers. 35 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 October 7, 2002, 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 10th day of September, 2002. Chairman c/ Ca W Anthony, Matthew Cummings, Vice Chair an Richard W. Schubert, Secreta - Z George V. Hines Gail F. Wood SELECTMEN OF READING r aniel W. Hallora , Constable 36 Town of Reading, Massachusetts Fiscal Year 2003 Budget Revenues and Other Resources Use of Resources General Fund $ Property taxes: Tax levy (within levy limit) 32,448,477 Tax levy (debt exclusion) 154,204 Less: Provision for abatements and exemptions 400,000 32,202,681 Local revenues from sources other than property taxes: Motor vehicle excise 2,650,000 Penalties and interest on taxes 150,000 Payments in lieu of taxes 50,000 Payment in lieu of taxes - electric 165,000 Charges for services 1,130,000 Licenses and permits 50,000 Special assessments 5,000 Fines 100,000 Interest earnings 325,000 4,625,000 Intergovernmental revenue: Add: 12,464,133 Less: State aid - offset items 299,778 12,164,355 Operating transfers / available funds: Cemetery sale of lots 10,000 Sale of real estate funds 46,700 Reading Ice Arena Authority 204,163 Earnings distributions - electric 1,748,885 Overlay surplus 127,779 Certified "Free Cash" 560,830 2,698,357 51,690,393 Variance (211,904) Appropriations: Annual Town Meeting - Apr 2002 State assessments: Current assessments Prior year underestimates Prior year overestimates Appropriations: Annual Town Meeting - Oct 2002 51,160,447 563,527 10,460 573,987 167,863 51,902,297 13-Sep-02 37 TOWN OF READING, MASSACHUSETTS - FISCAL YEAR 2003 BUDGET Recommended Town Meeting Amendments Approved FY 2003 Budget . Budget Source of FINCOM No. FY-2003 10.7.02 Funding ecommendation A Accounting Accounting Al Salaries and Wages 108,735 108,735 A2 Expenses 1,320 1,320 Total Accounting 110,055 110,055 8 Community Services Conservation Bt Salaries and Wages 35,743 35,743 Zoning Board B2 Salaries and Wages 1,250 1,250 Historical Commission 83 Expenses 974 974 Inspection 84 Salaries and Wages 94,094 94,094 Planning B5 Salaries and Wages 59,323 54,323 Health 86 Salaries and Wages 104,917 104,917 87 Expenses 45,589 45,589 Elder/Human Services 88 Salaries and Wages 123,705 123,705 B9 Expenses 3,460 3,460 Veterans B10 Salaries and Wages 8,892 8,892 B11 Expenses 700 700 B12 Assistance 6,000 6,000 Recreation B13 Salaries and Wages 47,132 47,132 B14 Expenses 2,500 2,500 General B15 Salaries and Wages 78,788 78,788 Bib Expenses 12,175 12,175 Community Services B17 Salaries and Wages 553,844 548,844 818 Expenses 71,398 71,398 Total Community Services 625,242 620,242 6-0.0 09/16/2002 38 1 TOWN OF READING, MASSACHUSETTS - FISCAL YEAR 2003 BUDGET Recommended Town Meeting Amendments Approved FY 2003 Budget Budget Source of FINCOM No. FY - 2003 107.02 Funding ecommendatlon C Finance Finance Committee C1 Salaries and Wages C2 Expenses C3 Reserve Fund Assessment C4 Salaries and Wages C5 Expenses Technology C6 Salaries and Wages C7 Expenses Personnel 08 Salaries and Wages C9 Expenses General C10 Salaries and Wages C11 Expenses Finance C12 Salades and Wages C13 Expenses Total Finance D General Services Selectmen 01 Expenses Town Manager D2 Salaries and Wages D3 Expenses Law Division D4 Town Counsel D5 Labor Counsel D6 Expenses Town Clerk D7 Salaries and Wages D8 Expenses Elections and Registrations D9 Salaries and Wages D10 Expenses Casualty Insurance D11 Expenses General D12 Salaries and Wages D13 Expenses General Services D14 Salaries and Wages D15 Expenses Total General Services 922 922 37,611 37,611 150,ODO 150,000 99,295 99,295 8,700 8,700 81,518 81,518 103,926 103,926 39,864 39,864 11,300 11,300 242,539 242,539 46,072 46,072 464,138 464,138 357,609 357,609 821,747 821,747 1,450 1,450 96,862 96,862 100 100 105,000 105,000 4,000 4,000 0 25,000 50,465 50,465 1,100 1,100 15,140 15,140 22,870 22,870 203,084 203,084 113,759 113,759 57,915 57,915 6.0.0 276,226 276,226 395,519 _420,519.. 671,745 696,745 09/16/2002 2 39 TOWN OF READING, MASSACHUSETTS - FISCAL YEAR 2003 BUDGET Recommended Town Meeting Amendments Approved FY 2003 Budget Budget Source of FINCOM No. FY-2003 10.702 Funding ecommendadon E Library Library E1 Salaries and Wages 666,330 666,330 E2 Expenses 150,670 150,670 Total Library 817,000 817,000 F Public Safety Police Ft Salaries and Wages 2,731,031 2,731,031 F2 Expenses 218,994 218,994 Animal Control F3 Salaries and Wages 9,971 9,971 F4 Expenses 1,560 1,560 Fire / Emergency Management F5 Salaries and Wages 2,596,743 2,596,743 F6 Expenses 52,701 52,701 Dispatch F7 Salaries and Wages 297,110 297,110 F8 Expenses 38,196 38,196 Public Safety F9 Salaries and Wages 5,634,855 5,634,855 F10 Expenses 311,451 311,451 Total Public Safety 5,946,306 5,946,306 09/1612002 3 40 TOWN OF READING, MASSACHUSETTS • FISCAL YEAR 2003 BUDGET Recommended Town Meeting Amendments Approved FY 2003 Budget Budget Source of FINCOM No. FY • 2003 0:7&2 Funding ecommendation G Public Works Administration GI Salaries and Wages 79,849 79,849 G2 Expenses 5,550 5,550 Engineering G3 Salaries and Wages 224,037 224,037 G4 Expenses 11,950 11,950 Highway and Equip. Maint. G5 Salaries and Wages 648,773 648,773 G6 Expenses 255,391 255,391 Parks and Forestry G7 Salaries and Wages 317,436 317,436 G8 Expenses 42,843 42,843 Public Works (Sub-Total G9 Salaries and Wages 1,270,095 1,270,095 $204,163 RIAA G10 Expenses 315,734 315,734 G11 Street Lighting 204,900 204,900 G12 Rubbish Collection / Disposal 1,127,060 1,127,060 G13 Snow and Ice Control 251,100 251,100 Cemetery G14 Salaries and Wages 109,730 109,730 G15 Expenses 30,070 30,070 $I%0008a1aotLois Cemetery lots G16 Puplic Way Acceptance Public Works G17 Salades and Wages 1,379,825 1,379,825 G18 Expenses 1,928,864 1,928,864 Total Public Works 3,308,689 3,308,689 Town Total • Salaries/Wages 9,083,953 9,078,953 Town Total - Expenses 3,216,831 3,241,831 TOWN TOTAL 12,300,784 12,320,784 09/1612002 4 41 TOWN OF READING, MASSACHUSETTS • FISCAL YEAR 2003 BUDGET Recommended Town Meeting Amendments Approved FY 2003 Budget Budget Source of FINCOM No. FY - 2003 10.7.02 Funding ecommendation $ H Bulldlno Maintenance School Buildings Ht Salaries and Wages 1,043,665 1,043,665 H2 Expenses 1,443,144 1,443,144 Town Buildings H3 Salaries and Wages 124,984 124,984 H4 Expenses 386,200 386,200 H5 Total Building Maintenance 2,997,993 2,997,993 l-J Schools I School 24,808,998 24,808,998 J Northeast Regional Vac. Asmt. 163,287 156,946 6-0.0 Total Schools 24,972,285 24,965,944 09/16/2002 5 42 TOWN OF READING, MASSACHUSETTS FISCAL YEAR 2003 BUDGET Recommended Town Meeting Amendments Approved FY 2003 Budget Budget Source of FINCOM No. FY • 2003 10.7.02 Funding ecommendation $ K Debt Service and Capital K1 Debt Service Inc, Excluded Debt) 3,893,252 4,047,456 -$46,700 Sale or Real Estate K2 Capital Projects K3 Geo Info Systems K4 Town Bldg K5 Replace Pumpers K6 Fire Equipment 15,000 15,000 K7 Replace Ambulance K8 Drainage Improv K9 Hwy Equipment K10 Sidewalk /Curb K1 t Playground Upgrade K12 Library Computers K13 Library Circulation Sys K14 School Technology K15 Drama Equipment K16 Musical Instruments K17 Flexible Account 10,000 10,000 Total Capital Projects 8 25,000 25,000 Total Debt and Capital 3,918,252 4,072,456 L Emalovee Benefits L7 Contributory Retirement 2,136,600 2,136,600 -$127,779 Overlay L2 Non•Contrih. Retirement 99,333 99,333 Surplus L3 Unemployment Benefits 40,000 40,000 L4 Group Health / Life Ins. 4,002,438 4,002,438 $772,734 L5 Medicare / Social Security 473,039 473,039 Free Cash L6 Workers Compensation 189,723 189,723 L7 Police / Fire Indemnification 30,000 30,000 L8 Total Employee Benefits 6,971,133 6,971,133 6.0.0 09/16/2002 43 6 TOWN OF READING, MASSACHUSETTS - FISCAL YEAR 2003 BUDGET No. Recommended Town Meeting Amendments Approved FY 2003 Budget Budget Source of FINCOM FY • 2003 10.7.02 Funding ecommendation $ Enterprise Funds M Water Fund Mt Salaries and Wages M2 Expenses M3 Capital May Total Water Fund N Sewer Fund N1 Salaries and Wages N2 Expenses N3 Debt Service N4 Capital Outlay Total Sewer Fund 727,530 727,530 1,249,498 1,249,498 696,500 696,500 2,673,528 2,673,528 203,932 203,932 3,250,571 3,250,571 132,190 932,190 346,000 346,000 4293,000 $ $ sewer reserves 3,932,693 3,932,693 09/1612002 44 7 TOWN OF READING, MASSACHUSETTS - FISCAL YEAR 2003 BUDGET Recommended Town Meeting Amendments Approved FY 2003 Budget Budget Source of FINCOM No. FY • 2003 10.702 Funding ecommendation $ Budget Summary General Fund A Accounting B Community Services C Finance D General Services E Library F Public Safety G Public Works Town Totals H Building Maintenance 1-J Schools K Debt Service and Capital L Employee Benefits Total General Fund State Assessments Total Funding Required For General Fund Enterprise Funds N Water Fund 0 Sewer Fund Total Enterprise Funds GRAND TOTAL Net of State Assessments 110,055 110,055 625,242 620,242 821,747 821,747 671,745 696,745 817,000 817,000 5,946,306 5,946,306 3,308,689 3,308,689 12,300,784 12,320,784 2,997,993 2,997,993 24,972,285 24,965,944 3,918,252 4,072,456 6,971,133 6,971,133 51,160,447 51,328,310 563,527 563,527 S $ 51,723,974 51,891,837 2,673,528 2,673,528 3,932,693 3,932,693 6,606,221 6,606,221 58,330,195 57,766,668 09/1612002 45 8 J Q F CO O (0 O r000). r r~ N c0 t0 CO 0) 0) r ice. 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W CL CL (L (L CL O_ 0_ CL CL W O_ CL 0_(L M W 52 Schedule 3 - DEBT & CAPITAL EXCLUSION PROJECTS - ESTIMATED COST TO HOMEOWNER for projects included in the FY 2003 - FY 2012 Capital Improvement Program Cost per project per year using FY 2002 average ($320,000) assessed valued home using FY 2002 Tax Rate - IP PROJECT FY 03 FY 04 FY 05 FY 06 FY 07 FY 08 F 0 FY 10 FY 11 FY 12 TOTAL TAX SUPPORTED B-S-011 . RMHS Schematic Design $19 $21 $20 $59" B-8-011 RMHS Renovation $37 $193 $330 $367 $367 $394 $370 $346. $2,405 B-S-018 Killam Renovation $2 $46 .$46 $46 $46. $50 . $48 $45 $328 BL-T-004 DPW Garage Expansion $16 $15 $14 $14 $13 $72 BL-T-010 Library Expansion $12 $21 $20 $19 $19 $18 $17' - $126 ' PS-F-001 Replace Fire Pumper $32 $37 $69 PS-F-003 Replace Fire Ladder Truck $0. PS-F-004 Replace Ambulance $16 $16 PW-D-006 Saugus River Drainage $12 $22 $38 $36 $44 $33 $14 $201 PW-D-040 Abedona River Drainage $26 $6 $32 PW-R Road Improvements' $68 $68 .$87 $87 $87 $87 $87 $87 $87 $745 Total annual cost of all exclusions $19 $127 $155 $401 $552 $570 $577 $583 $574 $496 FY'02 average annual residential tax bill" $3,917 $3,917 $3,917 $3,917 $3,917 $3,917 $3,917 $3,917 $3,917 $3,917 Annual tax bill including exclusions $3,936 $4,044 $4,072 $4,318 $4,469 $4,487 $4,494 $4,500 $4,491 $4,413 ( t I. 9' hr UTILITY SUPPORTED PW-W- Water Main - Summer Avenue $5 $5 $17 $17 $16 $16 $15 $14 $14 $119` PW-W-03 Water Treatment Plant Upgrade $17 $17 $73 $70 $68 $67 $65 $63 $61 $501 PW-W-03 Water- MWRA Buy-in $17 $17 $40 $40 $39 $38 $37 $36 .$35 $299 PW-W-01 Water Storage $7 $7 $21 $21 $20 $76 Total annual cost of all utility debt projects $0 $39 $39 $130 $127 $130 $128 $138 $134 $130 $g95 Notes: - Projects in bold and italics are capital exclusions whose cost would be.paid in one year Projects with a cost of under $300,000 will be capital exclusions Projects between $300,000 and $ 1,000,000 will be debt exclusions financed up to 5 years Projects of $1,000,000 to $ 5,000,000 will be debt exclusions financed for 10 years Projects of more than $5,000,000, and all projects eligible for SBA will be debt exclusions financed for 20 years It is assumed that RMHS and Killam will generate SBA reimbursements of 66%° five years after the BANS; New SBA regulations may change thi s Bond Anticipation Notes (BANS) are estimated to carry a borrowing rate of 5 % Cost of Utility Supported projects are for the average residential customer with an annual. consumption of 9,000 cubic feet per year ' The Pavement Management Program assumes that $307,000 is available in FY 2004 and 2005 to offset debt that would otherwise be incurred, but that in FY 2006 and beyond Chapter 90 funds would drop to the recent historical levels of approximately $155,000. 09/18/2002 53 D 1 I0) 00 to r't rn p I to o \ I 00 Lr) t1') I 00 to v i c m m m 0 m m_ 96A-10 9 -11 96A-12 96A-13 96A-8 96A-9 EIVOS CIRCLE AY2TYCLL+` ~s 96A-5 96A-4 96A-3 96A-2 96A-7 96A-6 2 >7 $ S ~ m M 00 m M o t co 0 h a to co t N t N W m a t 4 1 0 r1 N t M N ON N 10 t O 00 N A t O 00 t0 N t In r~ D ~ b'4r - OD 00 O *ro~y~~ o M t l, u 40`3 O N IO O 00 10 i m . 000 I m co 00 LO o CIA E~ 00 L aD m LJi N ~ 7 N 00 'In t \ d rd rd rd P' o ` ,P\ rd rd A~ bA 54 ARTICLE 7 AN ACT RELATIVE TO THE APPOINTMENT OF RETIRED POLICE OFFICERS IN THE TOWN OF READING Section 1 The Town Manager of the Town of Reading. may appoint, as he deems necessary, retired Reading Police Officers as Special Police Officers for the purpose of performing police details or any police duties arising therefrom or during the course of police detail work, regardless of whether or not related to the detail work. The retired Police Officers must have been regular Reading Police Officers and retired based on superannuation. The Special Police Officers shall be subject to the same maximum age restriction as applied to regular Police Officers under Chapter 32 of the General Laws. A Special Police Officer must pass a medical examination by a physician or other certified professional chosen by the Town to determine that he is capable of performing the essential duties of a Special Police Officer, the cost of which shall be borne by the Special Police Officer prior to performing police details. Section 2 Special Police Officers appointed under this act shall not be subject to Chapter 31 of the General. Laws or to Section 99A of Chapter 41 of the General Laws. Section 3 Special Police Officers shall, when performing the duties under Section 1, have the same power to make arrests and perform other police functions as do regular Police Officers of the Town of Reading. Section 4 Special Police Officers shall be appointed for an indefinite term subject to removal by the Town Manager at any time with 14 days written notice. Upon request, the Town Manager shall provide the reasons for removal in writing. Section 5 Special Police Officers shall also be subject to the rules and regulations, policies. and procedures and requirements of the Town Manager and the Chief of Police of the Town of Reading, including restrictions on the type of detail assignments, requirements regarding medical examinations to determine continuing capability to perform the duties of a Special Police Officer, requirements for training, requirements for firearms licensing and qualifications and requirements regarding uniforms and equipment. Special Police Officers shall not be subject to Section 96B of Chapter 41 of the General Laws. Section 6 Special Police Officers shall be sworn before the Town Clerk of the Town of Reading who shall keep a record of all such appointments. Section 7 Special Police Officers appointed under. this act shall be subject to Section 100 and Section 111 F of Chapter 41 of the General Laws. The amount payable under said Section 111 F of said Chapter 41 shall be calculated by averaging the amount earned over the prior 52 weeks as a Special Police Officer working police details, or averaged over such lesser period of time for any officer designed as Special Police Officer less than 52. weeks prior to the incapacity. In no event shall payment under said Section 111 F of said Chapter 41 exceed, in any calendar year, the limitation on earning contained in Paragraph (b) of Section 91 of Chapter 32 of the General Laws. Payment under said Section 111 F of said Chapter 41 shall terminate when a Special Police Officer reaches the age of 65. In the event the age limitation applicable to regular Police Officers serving a town is increased from the current 65 years of age, the termination of benefits under said Section 111F of said Chapter 41, as provided herein to Special 55 ""ICLE 7 Police Officers, shall terminate at such a higher age limit but in no event shall the benefits extend beyond the age of 70 for any Special Police Officer._ Special Police Officers appointed under this act shall not be subject to Section 85H of said Chapter 32, nor eligible for any benefits pursuant thereto. Section 8 . Appointment as a Special Police Officer shall entitle any individual appointed as such to assignment to any detail. Section 9 Retired Reading Police Officers serving as Special Police Officers under this act shall be subject to the limitations on hours worked and on payments to retired Town employees under Paragraph (b) of Section 91 of Chapter 32 of the General Laws. Section 10 This act shall take effect upon its passage. 56 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 subject may be discussed together; however, only one is formally on the ® Town Meeting consists of 192 floor, and each when moved is acted elected members, of which 97 upon individually. Note that the vote constitute a quorum. on one may influence the others. 0 There are two required sessions: the ® 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 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. i ® can question a Seven (7) Members 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; _ Bylaw 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 0 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. Only one motion may be on the floor © Recess: Stops business for a short at a time; however, the motion may time, generally to resolve a be amended. Often two or more procedural question or to obtain Articles which address the same information. 57 ® Lay on the Table: Stops debate with the intention generally of bringing the subject up again later. May also be used to defer action on an Article for which procedurally a negative vote is undesirable. Note that tabled motions die with adjournment. a Move the Previous Question: Upon acceptance by a two-thirds (2/3) vote, stops all debate and brings the subject to a vote. This is generally the main motion, or o The most recent amendment, unless qualified by the mover. The reason for this as provided in Robert's Rules of Order is to allow for other amend- ments should they wish to be presented. o Amend: Offers changes to the main motion. Must be in accordance with the motion and may not substantially alter the intent of the motion. In accordance with Robert's Rules of Order, only one primary and one secondary motion will be allowed on the floor at one time, unless specif- ically accepted by the Moderator. ® Indefinitely Postpone: Disposes of the Article without a yes or no vote. ® Take from the Table: Brings back a motion which was previously laid on the table. ® Main Motion: The means by which a subject is brought before the Meeting. THE FOLLOWING MOTIONS MAY BE USED BY A MEMBER FOR THE PURPOSE NOTED: Question of Privilege: Sometimes used to offer a resolution. Should not be used to "steal" the floor. ® Point of Order: To raise a question concerning the conduct of the Meeting. ® Point of Information: To ask for information relevant to the business at hand.. MULTIPLE MOTIONS SUBSEQUENT (MULTIPLE) MOTIONS If the subsequent motion to be offered, as distinct from an amendment made during debate, includes material which has previously been put to a vote and defeated, it will be viewed by the Moderator as reconsideration and will not be accepted. If the subsequent motion contains distinctly new material which is within the scope of the Warrant Article, then it will be accepted. An example of this _ latter situation is successive line items of an omnibus budget moved as a block. SUBJECT TO THE FOLLOWING CONSIDERATIONS ® The maker of any proposed multiple motion shall make their intent known, and the content of the motion to be offered shall be conveyed to the Moderator - prior to the initial calling of the Warrant Article. o Once an affirmative vote has been taken on the motion then on the floor - no further subsequent alternative motions will be accepted. (Obviously does not apply to the budget, for example.) 58 ( ® 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 59 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 Meetinggs 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. 60 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 61 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 62 the Board of. Selectmen and authorized by the Moderator as necessary for the reconsideration of actions previously taken by Town Meeting by reason of State or Federal action or inaction or other circumstances not within the control of the Town or Town Meeting. In the event such a motion to reconsider is made and authorized, said motion may be made at any time before the final adjournment of the Meeting at which the vote was passed, said motion may be made even if the vote was already reconsidered, or was the subject of a vote not to reconsider and reconsideration may be ordered by a vote of two-thirds (2/3) of the votes present. 2.2.4.3 Notice of every vote to be reconsidered at an adjourned Town Meeting shall be posted by the Town Clerk in one (1) or more public places in each precinct of the Town as soon as possible after adjournment, and he shall, if practicable, at least one (1) day before the time of the next following session of said Adjourned Meeting, publish such notice in some newspaper published in the Town. Said notice shall include the vote to be reconsidered and the place and time of the next following session of said Adjourned Meeting. The foregoing notice provisions shall not apply when a motion to reconsider any Town Meeting action is made publicly at Town Meeting before the adjournment of any session of any.Adjourned Town Meeting. Section 2.2.5 The Selectmen shall, at each Annual Town Meeting, give to the Members information of the State of the Town. Section 2.2.6 The Town Meeting Members and Town Meeting Members-Elect from each precinct shall hold an annual precinct meeting after the Annual Town Election but. before the convening of the business sessions of the Annual Town Meeting. The purpose of the meeting shall be the election of a Chairman and a Clerk and to conduct whatever business may be appropriate. Chairman shall serve no more than six (6) consecutive years in that position. Additional precinct meet- ings may be called by the Chairman or by. a petition of six (6) Town Meeting Members of the precinct. Section 2.2.7 Removal of Town Meeting Members . 2.2.7.1 The Town Clerk shall mail, within thirty (30) days after the adjournment sine die of a Town Meeting, to every Town Meeting Member who has attended less than one half (1/2) of the Town Meeting sessions since the most recent Annual Town Election, a record of his attend- ance and a copy of Section 2-6 of the Charter. 2.2.7.2 Town Meeting Members of each precinct shall consider at a precinct meeting to be conducted in accordance with Section 2.2.6 of these Bylaws and Section 2-6 of the Charter, preceding the consideration of the Article placed upon the Annual Town Meeting Warrant in accordance with Section 2-6 of the Charter, the names of Town Meeting Members in that precinct appearing on said Warrant Article and adopt recommendations to Town Meeting as to what action should be taken regarding each such Member. The Chairman of each precinct or his designee shall make such recommend- ations along with supporting evidence and rationale to Town Meeting. 2.2.7.3 The names of the Members subject to removal in accordance with Section 2-6 of the Charter shall be grouped by precinct in the Warrant Article required by said Section. Section 2.2.8 Meetings Durincl 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. 63