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Home My WebLink About1998-11-12 Special Town Meeting Warrant ReportOWN UFR,�� • Town of Reading �c - � 16 Lowell Street Reading, MA 01867 -2685 e3,9 �xcoaep4P FAX: (781) 942 -9070 Website: www.ci.reading.ma.us October 22, 1998 Dear Town Meeting Members: TOWN MANAGER (781) 942 -9043 At a Special Town Meeting in September, Town Meeting approved amendments to the Adult Use Bylaw and these changes were immediately sent to the Attorney General's office for approval. The Attorney General rejected the Bylaw amendment on procedural grounds. He indicated that the CPDC advertisement of the public hearing did not have either the full text of the Bylaw, nor did it reference where the Bylaw full text was available. Although the procedure we used for advertising this CPDC hearing for this Bylaw was exactly the same as we have used for a number of years, we must now go through a process of readopting this Bylaw. CPDC has scheduled a public hearing for November 10, 1998, with publication of the full text of the proposed Bylaw and with notice that it is also available in the office of the Town Clerk. The Special Town Meeting is scheduled for the beginning of the Town Meeting session on November 12, 1998. At that time, CPDC and the Bylaw Committee will make a report on Article 4. Articles 1, 2 and 3 are put on the Warrant for the Special Town Meeting at the request of Town Meeting, but there is not expected to be any action under any of these Articles. The Attorney General's office has indicated that they will process the revised Bylaw expeditiously so that we can still meet a court date that has been scheduled for December. Thanks for your patience. S' ely, Peter I. Hechenbleikner Town Manager PIHJps COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, 1, on Oct. 22, 19981otified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Registry of Motor Vehicles, 275 Salem Street Precinct 3 Reading Police Station, 67 Pleasant Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Town Hall, 16 Lowell Street Precinct 6 Alice M. Barrows School, 16 Edgemont Avenue Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 8 Arthur W. Coolidge, Middle School, 89 Birch Meadow Drive The date of posting being not less than fourteen (14) days prior to November 12, 1998, the date set for the Special Town Meeting in this Warrant. I also caused an attested copy of this Warrant to be published in the Reading Chronicle in the issue of October 21, 1998. Eric C. J s, Constable A true copy. Attest: Chery /YA. Johnsofi, Town Clerk SPECIAL TOWN MEETING (Seal) COMMONWEALTH OFMASSACHUSETTS Middlesex, ss. To any of the constables of the Town of Reading, Greetings: |O the name Cf the Commonwealth [f 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 SChOO| AVdhDhunl` 62 Oakland Road in said Reading, on Thursday, November 12, 1898` at seven-thirty o'clock in the aVeDiDg, at which time and place the fOU0vvOg odiC|8S are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE To hear and act on the reports of the Board of Selectmen, Town Accountent, Treasurer-Collector, Board of Assessors. Director of Public Works, Town Clerk, Tree Warden, Board of Health, 8ohno| Committee, Contributory Retirement Boand, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Town Manager and any other Board / O[ Special Committee. \ Board o[Selectmen ARTICLE To choose all other necessary Town Offimans and Special Committees and determine what instructions shall be given Town Officers and Special COrD0itteos, and to see what sum the Town will raise by borrowing or transfer from available fundu, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to thern, or take any other action with respect thereto. Board ufSelectmen ARTICLE 3 To nee if the Town will vote to amend the Capital Improvement Program as provided for in Section 7'7 of the Reading Home Rule Charter and as previously amended, Or take any other action with respect thereto. Board of Selectmen ARTICLE To see if the Town will vote to amend the Reading Zoning By- Laws by amending Section 4.3.4. Adult Uses as follows, or take any other action with respect thereto: Amend Paragraph 4.3.4.3, bv deleting the vvonj "may" and substituting therefor the word "shall"; and by deleting the phrase ^, with such conditions as it deems appropriate for the protection of public hea|th, sufetv, and vve|fane.^ in the second ( sentence thereof, so that Paragraph 4.3.4.3. shall read: 2 "No Adult Use shall beallowed except by Special Permit granted bv the Board of Appeals. The Board of Appeals ahoU grant a Special Permit for an Adult Use in any district permitting such use only if the use ia found by the Board ofAppeals to comply with the following standards and procedures:" 2. Amend subparagraph 4.3�.3.1.a. by deleting the phrase "seven hundred fifty (750) feet" and substituting therefor the phrase "one hundred /1O[0fegC.sothat subparagraph 4.3.4.3.1.a. shall read: "8. VWUliD one hundred (1OO)feet ofa boundary line Of8 residential zoning district;" 3. ADlBDd subparagraph 4.3.4.3.1.b. by deleting the phrase "seven hundred fifty (75[) ha*t of a lot line of any |o1 containing" and substituting therefor the phrase "five hundred (500) haet.ofBOy structure containing, at the time of Special Permit application, "; by deleting the phrase "park, playground"; and by adding at the end of the subparagraph the ph[3Sn "or within five hundred (500) feet of the lot line of a park or playground existing at the time of Special Permit applicatiorT;" so that subparagraph 4.3.4.3.1.b. shall read: "b. Within five hundred /500\ feet ofany structure cnntaOinQ, ot the time of Special Permit application, a church, public echoo|, private kindergarten or school, |iC8DSed day-cony facility, public library, cultural facility, nnuseurn, elderly housing, assisted living facility, nursing honle, or adult day-care facility; or within five hundred (GOO) feet of the lot line of park orplayground existing et the time of Special Permit application;" 4. Amend subparagraph 4.3.4.31.c by deleting the phrase "seven hundred fifty (750) feet of a lot line of any kd containing" and substituting therefor the phrase "five hundred (500) feet of any structure conbsining, at the time of Special Permit app|ication.''so that subparagraph 4.3.4.3.1.c. shall read: ^c Within five hundred (500) feet ofany structure containing, at the time of Special Permit application, enestablishment licensed under the provisions of Section 12 of Chapter 138 ofthd General Lavvs" 5. Amend subparagraph 4.3.4.3.1.d. by adding the phrase "structure containing any" between the word "any" and the vvonj "other', so that subparagraph ^d. Within five hundred (500) feet Vfany structure containing any other Adult Use.^ 8. Dgb»bs subparagraph 4.3.4`3.2.b' and renumber the remaining subsequent subparagraphs in Paragraph 4.3.4.3.2. 7' Amend renumbered subparagraph 4.3.4.3.2.b. (former subparagraph 4.3.4.32.dby deleting the second sentence thereof, so that subparagraph 4.3.4.32.b. shall read: ^b. On-site parking and loading shall be provided iO accordance with the requirements set forth in Section 6.1. of these By-Laws as pertains tnretail stores, offices and consumer service estab|ishnnents." Community Planning and Development Commission M and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to November 12, 1998, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town, or by mailing an attested copy of said Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of holding said meeting. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 20th day of October, 1998. . 4ru MacDonald, Chairman Sally M. t, Vice Chairrrfan thew J. N' sto , Secretary �� - % rte' -C -C �' E :r�c•� Camille W. Anth6ny r G rge V. Ines SELECTMEN OF READING Eric C. Joe , Constable A true copy. Attest: i• /�heryl A. Johnso Town Clerk