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HomeMy WebLinkAbout1997-11-10 Subsequent Town Meeting Warrant ReportTown of Reading Massachusetts Cdr M lk 39:INC0 a Report on the Warrant Subsequent Town Meeting November 10, 1907 TABLE OF CONTENTS SUBSEQUENT TOWN MEETING NOVEMBER 10, 1997 Article Title Sponsor Page 1 Reports Board of Selectmen 1 2 Instructions Board of Selectmen 1 3 Amend Capital Improvements Program Board of Selectmen 2,3 4 Approve Payment of Prior Years Bills Board of Selectmen 3 5 Modify FY 1998 Budget Board of Selectmen 3,4 6 Rescind Debt Authorization - Parker Middle School - $700,000 Pasture Road Land - $60,000 Design of New Police Station Board of Selectmen 5 7 Amending Reading Home Rule Charter Board of Selectmen 5,6 8 Scenic Road Designation - Walnut Street CPDC, Conservation Com., Historical Com. 6,7 9 Accepting Gifts to be Administered by Commissioners of Trust Funds Board of Selectmen 7 10 Appropriating Funding for Repair, Re- placement and Upgrade of Septic Systems Board of Selectmen 7-9 11 Establish Revolving Fund to Purchase Additional Compost Bins Board of Selectmen 9 12 Appropriate Grant Funding for Chapter 90 Board of Selectmen 9,10 13 Vacate Cul-de-sac - Lucy Drive Board of Selectmen 10 14 Amend Zoning By-Laws - Earth Fill CPDC 10,11 15 Amend Zoning By-Laws - Swimming Pools CPDC 11-13 16 Amend Zoning By-Laws - Lot Shape CPDC 13,14 17 Amend Zoning By-Laws - Overlay Districts CPDC 14,15 Appendix Article 7: Amend Home Rule Charter 17 Article 8: Scenic Road Designation - Walnut Street 18 Article 13: Vacate Cul-de-sac-Lucy Drive 19,20 Article 16: Amend Zoning By-Law - Lot Shape 21 THE 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 Genera! By!aws: I-,, Although Roberts Rules of Order is the basic source, a Town Meeting Member need only be "familiar with what is contained in the Charter. These notes are intended to outline the major points all Town Meeting Members should know, and which by knowing, will make Town Meeting more understandable. ORGANIZATION • Town Meeting consists of 192 elected members, of which 97 constitute a quorum. • There are two required sessions: the Annual Meeting in Spring which is primarily for fiscal matters and acceptance of the annual budget, and the Subsequent Meeting in November. Special Town Meetings may be called at any time that the need arises. • There are three main committees which review certain Articles and advise Town Meeting of their recommendations: Finance for all expenditures of funds; Bylaw for all bylaw changes; and the Community Planning and Development Commission for all zoning changes. Their reports are given prior to discussing the motion. GENERAL RULES OF PROCEDURE • Members who wish to speak shall rise, state their name and precinct in order to be recognized. • A member may speak for ten (10) minutes but permission must be asked to exceed this limit. • Seven (7) Members can question a vote and call for a standing count and Twenty (20) can ask for a roll call vote; however, a roll call vote is seldom used because of the time it takes. PRINCIPAL MOTIONS ENCOUNTERED AT TOWN MEETING The following motions are the principal ones used in most cases by Town Meeting to conduct its business. Experience shows that the members should be familiar with these. • Adjourn: Ends the sessions, can be moved at any time. • The Meeting' is conducted through the • Recess: Stops business for a short time, Warrant Articles which are presented generally to resolve a procedural question (moved) as motions. Only one motion may or to obtain information. be on the floor at a time; however, the motion may be amended. Often two or • Lay on the Table: Stops debate with the more Articles which address the . same intention generally of bringing the subject subject may be _ discussed together; gp_again-later. May also be used to defer however, only one is- formaiiy' on thefiflodr;"'.'.,_" action on an Article for which procedurally and each when moved is acted upon a negative vote is undesirable. Note that individually. Note that the vote on one may tabled motions die with adjournment. influence the others. • Move the Previous Question: Upon acceptance by a two-thirds (2/3) vote, stops all debate and brings the subject to a vote. This is generally the main motion, or the most recent amendment, unless qualified by the mover. The reason for this as provided in Robert's Rules of Order is to allow for other amendments should they wish to be presented. • 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 specifically 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. • 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.) • 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. H 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 adjourn- ment 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 Meet- ing, shall be held on the following 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 resolu- tion 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 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 imme- diately deliver a copy of such Warrant to each Member of the Finance Committee, the Community Planning and Development Commission, the Bylaw Committee and the Moderator. 2.2 Conduct of Town Meetings Section 2.2.1 In the conduct of all Town Meetings, the following rules shall be observed: Rule 1 : A majority of the Town Meeting Members shall constitute a quorum for doing business. Rule 2: All Articles on the Warrant shall be taken up in the order of their arrangement in the Warrant, unless otherwise decided by a majority vote of the Members present and voting. Ill 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 recognized by the Moderator, shall state his name and precinct, shall confine himself to the ques- tion 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: No Town Meeting Member or other person shall speak on any question more than ten (10) minutes without first obtain- ing 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 per- mission 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 *consideration 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 Meeting 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 monetary or equitable interest in any matter under dis- cussion 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. 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 enter- tained. Rule 16: When a question is under debate, no motion shall be in order except (1) to adjoum, (2) to lay on the table or pass over, (3) to postpone for a certain time, (4) to iv commit, (5) to amend, (6) to postpone indefinitely or (7) to fix a time for terminating debate and putting the question, and the aforesaid several motions shall have pre- cedence 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 attendance at all Town Meetings for the information thereof while any subject matter is under consider- ation 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 dis- charged 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 adjourn- ment 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 consideration 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 considered 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. v Arguments for or against reconsideration -may include discussion of the motion being re- considered providing such discussion consists only of relevant facts or arguments not pre- viously presented by any speaker. 2.2.4.2 The foregoing provisions relating to motions to reconsider shall not apply to any such motion made by the Board of Selectmen. and authorized by the Moderator as necessary for the recon- sideration 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 anytime 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 recon- sider 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 Meet- ing 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 prac- ticable, 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 meetings 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 attendance 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 consider- ation 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 C~ C- vi 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 recommenda- tions along with supporting evidence and rationale to Town Meeting. 2.2.7.3 The names of the Members subject to removal in accordance with Section 2-6 of the Charter shall be grouped by precinct in the Warrant Article required by said Section. Section 2.2.8 Meetings During Town Meeting No appointed or elected board, commission, committee or other entity of town govern- ment 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 requesting 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 require- ments, conduct such a meeting or hearing at a time scheduled for a Town Meeting. Vii COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on October 20, 1997 notified and warned the inhabitants of the Town of Reading, qualified to vote on town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Registry of Motor Vehicles, 275 Salem Street Precinct 3 Reading Police Station, 67 Pleasant Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Town Hall, 16 Lowell Street Precinct 6 Alice M. Barrows School, 16 Edgemont Avenue Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 8 Arthur W. Coolidge, Middle School, 89 Birch Meadow Drive The date of posting being not less than fourteen (14) days prior to November 10, 1997, the date set for the Subsequent Town Meeting in this Warrant. I also caused an attested copy of this Warrant to be published in the Reading Chronicle in the issue of October 23,.1997. tea! Thom As H. Freeman, Constable A true copy. Attest: Cheryl . Johnso , Town Clerk C C SUBSEQUENT TOWN MEETING . (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, first session to meet at the Parker Middle School Auditorium, 45 Temple Street, in said Reading, on Monday, November 10, 1997, at seven-thirty o'clock in the evening, and all other sessions to meet at the Reading Memorial High School Auditorium, 62 Oakland Road, at seven-thirty o'clock in the evening, at which time and place the following Articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Town Manager and any other Board or Special Committee. Board of Selectmen Background: It is expected that reports will be given by the Superintendent of Schools on the State of the Schools, by the School Department on the Arnold and Dorothy Berger Award, by the Board of Library Trustees; by the School Building Committee, and by the Board of Selectmen on the marketing of the Reading Business Park (Landfill). Reports on the various Articles will be given under the business of those Articles. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 2 - To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen Background: There are no known instructional motions to be given under this Article at this time. Generally, this Article is tabled until the end of the last session of the Town Meeting. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 3 To see if the Town will vote to amend the FY 1998 - FY 2007 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 of every Town Meeting pursuant to an instructional motion by Town Meeting. This Fall, the following changes are needed: Project Description 1998 Source of Funds PW-B-13 HVAC Improvements -to Town Hall and Fire Station $86,000 A SD-B-14 New or Renovated RMHS $40,000 A PW-8-9 New Police Station $50,000 A The reasons for the changes are as follows: PW-B-13 - HVAC (Heating, Ventilating and Air Conditioning) Improvements - This project was included for funding in the FY 1998 Capital improvements Program and the FY 1998 budget. Following approval of these documents by Town Meeting in the Spring of 1997, the Library HVAC improvements which were included in the 1997 budget were bid, and the bids came in significantly over the amount budgeted. With the approval of the Finance Committee, and on advice to Town Meeting Members, the bids for the HVAC work at the Library were awarded using the funds already available plus the funds budgeted for the Town Hall and Fire Station projects. The Fire Station and Town Hall projects are currently designed and out to bid so that the, actual bid costs will be known by the time Town Meeting convenes on November 10. SD-B-14 - In the 1996 budget, Town Meeting funded the architectural review of the Reading Memorial High School. That report was completed and answered two basic questions: 1. Is the building structurally sound? (It is, with one area of correction needed which is part of the project approved by Town Meeting in the Spring of 1997). 2. How much space is available and how much space is needed for a high school to accommodate the Town's needs? (The space needed for the High School is approximately 250,000 square feet and the space in the building is 350,000 square feet). The School Department is requesting an additional $40,000 to provide the following information: 1. Can the use of the existing space and building systems be reconfigured so that the Reading Memorial High School operations can be consolidated into approximately 250,000 square feet of existing space to better utilize the space, and to make available the surplus space in a location or locations that can be used for other purposes? 2. Ultimately, should the Town renovate the Reading Memorial High School building, or should the Town look toward replacing the existing building with another building which better meets the needs of the community going into the future? C 2 PW-8-9 - In the Spring of 1997, Town Meeting approved a debt authorization to acquire the site for the new Police Station (a Purchase and Sales Agreement has been executed), and to do the preliminary design of the Station. The debt authorization for the completion of the preliminary design is for $50,000, and State law says that debt for this purpose can only be used for property actually owned by the Town. Since the purchase is not scheduled until December 30, the Town needs funds now to begin the design. An architect has been selected, and a Special Town Meeting is anticipated in February to secure final Town Meeting approval and funding for the project. Action under this Article and Article 5 amending the FY 1998 budget, as well as recision of the authorized debt under Article 6, will accomplish this. PW-W-08 - Replace Water Mains - King Street and Wakefield Street. This project was deferred in the Spring 1997 Town Meeting pending an evaluation of the state of water reserves. The reserves are approximately $280,000 and funding these 2 projects at this time in the amount of $45,000 will still leave adequate reserves. No amendment to the Capital Improvements Program is needed for this item since the project is still in the CIP as adopted. Finance'Committee Report: The Finance Committee voted 7-0 to recommend the approval of this Article as presented. The amendments are necessary in order to move ahead with the air quality improvements at Town Hall and the Fire Station. As the Town moves towards a resolution of the problems at the High School, the next phase of the architectural work is necessary. The $40,000 cost for the architectural study is nominal compared to the ultimate cost of the project and will develop critical information necessary to make prudent decisions. Lastly, the addition of the $50,000 for the Police Station design is a technicality, given State law prohibits use of debt for this purpose unless the Town already owns the building. Bylaw Committee Report: No report. ARTICLE 4 To see if the Town will vote to authorize the payment during Fiscal Year 1998 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen Background: There are no prior years bills and, therefore, action under this Article may be indefinitely postponed Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 5 To see if the Town will vote to amend one or more of the votes taken under Article 22 of the Warrant of the Annual Town Meeting of April 14, 1997, relating to the Fiscal Year 1998 Municipal Budget, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate as the result of -any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Board of Selectmen 3 Background: The following are requested amendments to the FY 1998 budget, some of . which are discussed under the capital section under Article 3 above. Line Item Amount Source of Funding FINCOM Recomm endation B6 - Community Development - Inspections $180 Free Cash 7-0-0 Personal Services E2 - Health Non-Personal Expenses - Hepatitis $15,800 Free Cash 7-0-0 B Clinics Fl - Library Personal Services - Completion of $9,371 Free Cash 7-0-0 . Reclassification G2 - Police Non-Personal Expenses - Honor $5,100 Free Cash 7-0-0 Guard Uniforms G5 - Fire Personal Services - Firefighters $167,575 ` Free Cash 7-0-0 Retroactive Salaries H14 - DPW Rubbish Collection/Disposal - $13,110 Free Cash Action Additional Leaf Pick-Up Pending H17 -Cemetery Non-Personal Expenses - $10,000 Cemetery Sale of 7-0-0 Repurchase of Cemetery Lots Lots Fund K1 - Debt Services - For early sale of bonds - $150,000 Sale of Real Estate 7-0-0 Parker Middle School K20 - Capital - HVAC Improvements - to Town $86,000 Free Cash 7-0-0 Hall and Fire Station K34 - Capital - Renovate of RMHS $40,000 Free Cash 7-0-0 K40 - Capital - Police Station Architect- $50,000 Free Cash 7-0-0 Replace Previous Bonding Authority M4 - Water - Capital - Replace Mains - King $45,000 Water Reserves 7-0-0 Street and Wakefield Street N2 - Sewer Non-Personal Expenses -Reduce N/A 7-0-0 Budget by Reduction in MWRA Assessment - -$100,352 Already Used in Setting Rates Finance Committee Report: The Finance Committee voted 7-0-0 to recommend this Article. These expenses are necessary and 'appropriate. Item K1 is a necessary expense which is a proper use of the Sale of Real Estate Funds. The Finance Committee's goal of maintaining a 5% Free Cash Reserve is still being met through this Article. Bylaw _Committee Report: No report. 4 ARTICLE 6 To see if the Town will vote to rescind part or all of the remaining bond authorizations made pursuant to Article 12 of the 1994 Subsequent Town Meeting for the purpose of construction of the new Parker Middle School and related matters and pursuant to the vote taken under Article 11 of the 1996 Annual Town Meeting for the purpose of acquiring land off Pasture Road owned by Michael and Phyllis Larkin, and pursuant to the vote taken under Article 15 of the 1997 Annual Town Meeting for the purpose of funding the design of the new Police Station, or take any other action with respect thereto. Board of Selectmen Background: This Article is important because it will rescind debt that was authorized but not sold and not needed for these projects. On the Parker Middle School project, the entire project will be complete at a total cost of $13,228,000, $700,000 less than authorized by Town Meeting. The entire project has been done, or is the process of being completed, including the reconstruction of the Collins Soccer Field. The recision of this debt does not affect the project. On the acquisition of the land on Pasture Road, this project has been completed and the State grant was received and there was, therefore, no reason to borrow the funds authorized.- Finally, the explanation of the recision of the debt for the design of the new Police Station was explained under Article 3 on the amendment to the Capital Improvements Program. It is important to rescind unneeded debt. authorizations when projects are closed out so that the Town does not unnecessarily encumber its debt capacity. Finance Committee Report: The Finance Committee has recommended this Article by a vote of 7-0. This is in keeping with past practice of rescinding debt that has been authorized but which is not needed to complete the project. Bylaw Committee Report: No report. ARTICLE 7 To see if the Town will vote to propose an amendment to Article 5 of the Reading Home Rule Charter relating to the Town Manager by adding the phrase "(except as expressly authorized by the Board of Selectmen)" after the phrase "to the office," in the third sentence of the second paragraph of Section 5-1 so that sentence shall read: "During his term, he shall devote full time to the office, (except as expressly authorized by the Board of Selectmen), shall not engage in any other business or occupation, and (except as expressly provided in the Charter) shall not hold any other public office, elective or appointive, in the Town.", or take any other action with respect thereto. Board of Selectmen Background: As part of the Town Manager's annual performance evaluation, the incumbent expressed an interest in doing work outside regular business hours to further his professional development, such as teaching on a community college or college level. The Reading Home Rule Charter prohibits such activities, but the Board of Selectmen felt that such involvement on a controlled basis could be good for the professional fulfillment of the individual and could benefit the Town. This amendment to the Charter would, therefore, allow such activity but only with the expressed approval of the Board of Selectmen. This would prevent a situation where such activity might interfere with the Town Manager's duties to the Town. If approved by Town Meeting, this Article would appear on the ballot at the next Town Election in March 1998 for a vote by the Town. Finance Committee Report: No report. Bylaw Committee Report: Recommended by a vote of 4-0-0. The Bylaw Committee feels that the Town could gain a benefit if the Town Manager were allowed to participate in the type of professional development activities that this Article would allow. The Bylaw Committee further feels that there will be a check and balance system in place since an activity will need to be authorized by the Board of Selectmen. ARTICLE 8 To see if the Town will vote pursuant to Section 5.8.1 of the General Bylaws of the Town to designate as a Scenic Road that portion of Walnut Street between Hopkins Street and Pine Ridge Road, or take any other action with respect thereto. Community Planning and Development Commission, Conservation Commission, Historical Commission . Background: Residents of Walnut Street have petitioned the CPDC, Conservation Commission, and the Historical Commission to designate Walnut Street as a Scenic Road under the provision of Section 5.8 of the General Bylaws (a copy of this Section of the Bylaw is included in the Appendix to this report). All 3 bodies have recommended that this Article be placed on the Warrant for this Town Meeting. In substance, designation as a scenic road does not prevent its improvement - it merely designates a more extensive public process to be followed in gaining approval of improvement projects. Reading has only one other designated Scenic Road - South Street from Main to Walnut. Walnut Street is scheduled for improvement using Chapter 90 funds next Spring, and the design will be a 20 to 22 foot pavement (it currently is 20 to 24 feet) with no sidewalk. The project should involve little or no tree removal or wall displacement. Finance Committee Report: No report. CPDC Report: -A petition signed by 52 residents of Walnut Street was presented to the Town Planner in August seeking designation of the portion of Walnut Street between Hopkins Street and Pine Ridge Road -as a Scenic Road under the provisions of Section 5.8.1. of the Town's General Bylaws and of the Town's Scenic Roads Regulations adopted by CPDC. CPDC voted on September 15, 1997 to request that such an Article be placed on the Fall Town Meeting Warrant. CPDC held a site walk on September 27, 1997 and held a Public Hearing on October 6, 1997 to consider this Article. In making its recommendation in favor of this designation, CPDC found that this street meets the criteria for this designation such as presence of significant trees and stone walls and of a general scenic appearance as set forth in the Scenic Roads Regulations. 6 The petitioners also approached the Historical Commission and the Conservation Commission, both of which also have voted to request this Article and to recommend its passage to Town Meeting. The Historical Commission, in making its recommendation for the designation of this portion of Walnut Street as a Scenic Road, notes that this roadway served a homestead which was built in the late 1600's and which is illustrated on the Town's earliest map (1765). It, therefore, is considered an "early" road and historically significant. Two Walnut Street houses are listed on the National Register of Historic Places and two others are listed on the Reading historical and architectural inventory. The street is lined with trees and stone walls. It contributes to the historic and scenic ambiance associated with Reading. Scenic Road designation would help preserve the character of the neighborhood and the Town. CPDC recommended this Article by a vote of 4-0-0 following a public hearing held on October 6, 1997. Conservation Commission Report: Recommended by a vote of 5-0-1 at a public meeting held on October 8, 1997. Historical Commission Report: Recommended by a vote of 3-0 at a public meeting held on September 6, 1997. Bylaw Committee Report: No report. ARTICLE 9 To see if the Town will vote to accept one or more gifts to be administered by the Commissioners of Trust Funds, such gifts to be used for the purposes for which they are given to the Town, or take any other action with respect thereto. Board of Selectmen Background: There is a bequest to the Town pending, but in discussion with the attorneys involved, it appears unlikely that the bequest will be processed before Town Meeting convenes and, therefore, this Article would be indefinitely postponed, and hopefully taken up in the Spring. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 10 To see what sum the Town will raise by borrowing, pursuant to Chapter 29C of the General Laws, or any other enabling authority, or transfer from available funds, or otherwise, and appropriate for the purpose of making or. funding repairs to failed septic systems and/or other water pollution abatement projects, all 'in accordance with the requirements of Chapter 29C of the General Laws, or take any other action with respect thereto. Board of Selectmen Background: In December 1996, the Town of Reading Board of Health applied for and was approved for a Title V Septic Betterment Loan Grant. . 7 The initial $18,000 that was granted allowed the Health Division to begin the administrative process in identifying septic and cesspools still in use, and to identify sites with failed septic systems that are environmentally critical areas. The Health Division and the consultants DesLauriers & Associates will provide the community with educational evenings on the application process. Once areas are identified and Town Meeting has voted to accept the Warrant Article to borrow $200,000 provided by the Massachusetts Water Pollution Abatement Trust in the form of a zero-interest loan, the Health Division working with the Accounting Department will be able to proceed. The loan applications will be reviewed by the Health Division, Accounting and Assessor's Office. The costs will then be assessed as a betterment to the homeowner, and if not paid within 30 days, will be added to the homeowner's property tax'bill over a number of years as provided in G.L. Ch. 80, Sec. 13. The homeowner pays the statutory interest rate of five percent. After the Board of Health identifies a failed system, it would execute the betterment agreement with the homeowner for a "not to exceed" amount for a defined number of years over which the homeowner will repay the loan. When the work on the septic system or cesspool has been completed, the Health Division will issue a certificate of completion. At that time, all costs paid for at that site will be totaled, and the Health Division commits that total amount to the Board of Assessors for certification as a betterment. The Reading Health Division applied for the Option 1 a: Comprehensive Community Septic Management Program: a. Community inspection approved by DEP; b. Local septic system management plan - identifies, monitors and addresses the operation, maintenance and upgrade of septic systems. The Betterment Loan Program provides funding to repair, replace or upgrade the failed septic systems of homeowners. identified by the community inspection program plan. The community has eighteen months to disburse the funds. The program will be able to continue as long as two systems are constructed per season. Questions which may be asked: Q. What types of system upgrades are eligible? A. Failed systems, not including extensions of public sewer, tying into an available public sewer. Q. Can the community use part of the $18,00 for inspections of septic systems? A. Yes. Q. How should the community look at the priorities for dispersing these funds? A. First failed systems having the greatest environmental risk are considered first. Q. What will be the interest rate of the loan to the homeowner? A. 5%. Q. Is the community obligated to repay the loan to the State contingent on receiving the betterment payments from the homeowner? A. No. A community will be obligated to repay the loan in accordance with its terms, regardless of whether the community has received the underlying betterment repayments from the homeowner. This includes situations where the community has agreed to defer repayment of the betterment by a qualified elderly, low income homeowner. The trust envisions structuring the loan so that the first repayment from the community will not be due until eighteen months after the loan is made to the community. This utilizes the 5% collected to help cushion the shortfalls. 8 Q. Does the Health Division have the right to enter the homeowner's property to inspect the septic system? A. Yes - Under State law, the Health Division has that authority. Finance Committee Report: The Finance Committee voted 7-0-0 to recommend this Article. This program will address a critical environmental need and will help affected homeowners who otherwise may be placed in a severely adverse financial position. This program will enable proper inspections to be done to insure that the purposes of the program are met. This loan fund will be repaid to the Town with interest and arrears will be properly secured with leans. Bylaw Committee Report: No report. ARTICLE 11 To see if the Town will vote to establish a revolving fund under Chapter 44,- Section 53E1/2 of the General Laws for the purpose of using the receipts generated through the sale of compost bins to purchase additional compost bins, and to pay for related expenditures, and to determine the total amount of expenditures during fiscal year 1998 which may be made from such fund, or take any other action with respect thereto. Board of. Selectmen Background: This Article annually replenishes the funding for the purchase and sale of home composting bins. The State provided the initial funding for the purchase of home composting bins for resale at a discounted price to Reading residents. The proceeds from the sale of the bins, plus additional State assistance, is available to be re-appropriated annually. The sum needed this year is $2000, which funds are currently available from sale of bins in previous years. Finance Committee Report: The Finance Committee voted 7-0-0 to recommend this Article. This Article will * enable the continuation of a successful and an environmentally positive program at no net cost to the Town. Bylaw Committee Report: No report. ARTICLE 12 To see what sum the Town will appropriate from available funds for highways projects in accordance with Chapter 90 of the General Laws, or take any other action with respect thereto. Board of Selectmen Background: The sum of $437,834 has been certified by the.- Massachusetts Highway Department to be available to the Town of Reading for Chapter 90 roadway improvements. Action under this Article will rescind the previous debt authorization approved by Town Meeting under Article 21 of the Annual Town Meeting Finance Committee Report: The Finance Committee has recommended this Article by a vote of 7-0. This follows past practice of rescinding the debt authorized at the Annual Town 9 Meeting once the Chapter 90 funds are certified by the Massachusetts Highway Department as available to the Town of Reading. Bylaw Committee Report: No report. ARTICLE 13 To see if the Town will vote to authorize the Board of Selectmen of the Town of Reading to convey and/or abandon certain rights in fee and/or easements in Reading, Middlesex County, MA in the portion of the cul-de-sac in the public way known as Lucy Drive which portion to be abandoned . is shown on a highlighted portion of the plan entitled "Cedarwood at Reading, Final Plan of Lucy Drive, Reading, Mass." originally dated June 6, 1966; and to determine the minimum amount to be paid for such conveyance and/or abandonment; and to authorize the Board of Selectmen to convey or abandon all or any part of said rights in fee and/or easements for such amount or a larger amount, and upon such other terms and conditions as the Board of Selectmen shall consider proper and to deliver a deed or deeds therefor if necessary, or take any other action with respect thereto. Board of Selectmen Background: This Article was before the 1997 Annual Town Meeting and was indefinitely postponed because it would create 2 non-conforming lots, and the property owners agreed to accomplish the same thing through a license agreement with the Board of Selectmen. On further reflection, both the affected property owners have determined that they would prefer to actually own the property and create the non-conforming lots. The Department of Public Works supports the removal of this old cul-de-sac, which is no longer needed because the road now has been extended. Approval of this Article will allow the Town to remove pavement, add to open space and reduce street maintenance. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 14: To see if the Town will vote to amend the Reading Zoning By-Laws by adding thereto the following Section 4.3.1.2.1. Earth Fill, or take any other action with respect thereto: "4.3.1.2.1. Earth Fill: a. In any district, no earth which is contaminated by any hazardous or toxic material.as defined in Federal or State laws and regulations or which has any reportable concentration of any such material as defined pursuant to said laws and regulations, or which contains trash, refuse, rubbish, debris, stumps, branches, lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, appliances, equipment, motor vehicles, or any other solid organic material, or any other similar material, or parts of any of the foregoing shall be deposited onto or used as fill on any lot or parcel of land. - b. Earth filling shall not take place in any district if such activity: 1. Endangers the public health or safety or constitutes a nuisance; 2. Produces noise, dust or other effects observable at the lot lines in amounts materially detrimental to the normal use of adjacent property; 10 3. Results in the transportation of materials in such a manner as to cause traffic congestion or hazards, or results in the deposit or spillage of earth onto a street or way, or causes damage to streets or ways; 4. Results in a change in topography and cover which will increase the flow of water onto any street, way, or parcel of land, unless otherwise duly authorized by a Board, Commission, or officer of the Town or Commonwealth having jurisdiction thereover; 5. Results in the violation of any Zoning By-Law; General Bylaw; Conservation Commission regulation, order of condition, or enforcement order; or any other rule or regulation adopted by the Town of Reading; or 6. Occurs outside of the following hours: Mondays through Fridays inclusive: 7:00 a.m. to 6:00 p.m. Saturdays: 9:00 a.m. to 5:00 p.m. Sundays and Legal Holidays: None." Community Planning and Development Commission Background: Except for properties which come under the jurisdiction of the Conservation Commission, or which are part of subdivisions as they are being developed under the CPDC Subdivision Regulations, the Town has had no mechanism for ensuring that contaminated fill is not deposited in locations in Reading. While the State's Department of Environmental Protection can act, it has usually done so only by priorities based on extent or severity of alleged contamination. This Article seeks to remedy this situation and covers organic and inorganic debris as well as toxic materials. It further provides safeguard for the public and for abutting residents with respect to such other detrimental aspects of filling operations as public health or safety, nuisance and noise or dust, adverse effects on adjoining properties or public streets, and changes in topography which could adversely alter drainage to other properties and public rights-of-way. Finance Committee Report: No report. CPDC Report: Recommended by a vote of 4-0-0 following a public hearing held on October 6, 1997. Conservation Commission Report: Recommended by a vote of 6-0-0 at a public meeting held on October 8, 1997. Bylaw Committee Report: Recommended by a vote of 4-0-0 on October 15, 1997 ARTICLE 15 To see if the Town will vote to amend the Reading Zoning By-Laws by adding thereto the following Section 4.3.2.9. Swimming Pools, or take any other action with respect thereto: "4.3.2.9. Swimming Pools Any inground or above ground outdoor swimming pool which requires a building permit on any lot used for residential purposes shall comply with the following requirements: 11 a. The pool and any appurtenant deck, patio, or other structure, shall be located entirely on that portion of the lot lying behind the rearmost plane of the dwelling as extended to either side property line of the lot; b. Neither the pool nor any appurtenant deck, patio, or other structure, shall be located closer than five (5) feet to any side or rear property line of the lot; further, if the pool or any appurtenant structure is attached to the dwelling, then neither the pool nor any appurtenant deck, patio, or other structure, shall be closer than fifteen (15) feet to any side property line or closer than twenty (20) feet to any rear property line of the lot; C. The water in the pool shall not be closer than five (5) feet to any fence or structure on the lot; d. For safety reasons, a sturdy, non-climbable, permanent fence of between five (5) and six (6) feet in height shall be erected along the entire perimeter of the area containing a pool and any appurtenant deck or patio, except in those areas of the perimeter where the dwelling or a structure acts instead as a suitable barrier to access to this area; any gate in such fence shall have a lock at the top. Any enclosed structure containing a pool and attached to the dwelling on the lot shall conform with the requirements of Section 5.12 of these By-Laws; any enclosed structure containing a pool and not attached to the dwelling on the lot shall conform with the requirements of Section 5.2.3.6. of these By-Laws." ~Community Planning and Development Commission Background: For many years, the Building Inspector has been using standards such as these for regulating safety and location regarding outdoor residential swimming pools. Recently, someone who was caught in violation of these requirements challenged the authority of these requirements. Town Staff could net find any record of their enactment. Thus, the Article is proposed to enact swimming pool safety and locational standards as a part of the Zoning By-Laws. This proposed zoning amendment would set out locational criteria, including that the pool and appurtenant improvements such as a pool house, shed, cabana, deck or patio, must be in the rear yard of a property not closer than five feet from any property line, as is already the case with respect to any other kinds of accessary structures on residential lots. If a pool or any such appurtenant structure is attached to the house, then they must be at least fifteen feet from any side property line and twenty feet from the rear property line. Safety considerations are addressed by the requirement that any fence or structure (i.e., vertical wall) be at least five feet from the water in the pool so that the entire pool is accessible. by anyone needing to respond to someone in the pool who has an emergency. Required fencing and locks are also for safety reasons. The pool requirements which had been in use are similar to those contained in this Article, except that the distance. between the pool (together with any appurtenant structure) and a property line was six feet instead of five feet, and'the separation between the water and a fence or any wall of a structure was ten feet instead of five feet. Finance Committee Report: No report. 12 CPDC Report: Recommended by a vote of 4-0-0 following a public hearing held on October 6, 1997. Bylaw Committee Report: Recommended by a vote of 4-0-0 on October 15, 1997. ARTICLE 16 To see if the Town will vote to amend the Reading Zoning By-Laws by deleting Section 5.2.1. relating to lot shape in its entirety and substituting therefor the following, or take any other action with respect thereto: "5.2.1. Lot Shape in all residence districts, no lot may be construed to be a building lot unless it fully contains a geometric shape which conforms with the following characteristics: a. The geometric shape entirely complies with the area and frontage requirements of these By-Laws; b. One side of the geometric shape coincides with the street line of the lot for the entire length and depth of the required frontage; and c. The product of the area (in square feet) of the geometric shape multiplied by 22 is greater than the square of the total length (in feet) of the perimeter of the geometric shape, expressed as: 2 (Area of Geometric Shape) x 22 > (Perimeter of Geometric Shape)" Community Planning and Development Commission Background: Section 5.2.1. known as "Rule 22" and sometimes referred to. by developers as "Catch 22", was proposed by CPDC and adopted by Town Meeting in November of 1994 as the culmination of a lengthy effort to identify and close loopholes and inadequacies in the Zoning By-Laws which resulted in the creation of "flag-pole" or "hammerhead" or "tadpole" lots. These types of lots were perceived to be inappropriate to the character of the Town's neighborhoods and resulted in unusual or objectionable house placements, unusable portions of house lots, and an artificial increase in the development densities of existing neighborhoods and new subdivisions. This Section as then adopted directly regulates the allowed shapes of building lots, and reads as follows: "5.2.1. Lot Shape In all. residence districts, no lot may be construed to be a building lot'unless the product of the area (in square feet) of such lot multiplied by 22 is greater than the square of the total length (in feet) of the perimeter of such lot, expressed as: .2 (Lot Size) x 22 > (Perimeter). 13 This Section has proven to be quite successful in achieving its purpose of eliminating the further creation of such inappropriately shaped lots. However, it has also proven to have two unnecessary side effects. One is that when tracts of land become subdivided into a number of Rule 22-compliant lots, there have at times been created small parcels comprising some excess land which could not be included in the building lots without putting them out of compliance with Rule 22. These small parcels have been sold and held in common ownership with, and have been taxed along with, an adjoining building lot. There is some slight potential that such small parcels could become severed in ownership and in taxation from the adjacent built-upon lot and could become "lost" and unmaintained, or could come into tax arrears and therefore into Town . ownership through tax possession, to no particular public benefit. The second and more burdensome side effect is that if two adjoining owners wish to trade land between existing built-upon lots, and the trade puts one or both lots out of compliance with Rule 22, or increases a lot's nonconformity with respect to Rule 22, then either the trade must be subject to a variance granted, at some inconvenience and expense to the owners, through public hearing by the Zoning Board of Appeals, or the trade cannot be approved. Such trades do not involve portions of the requisite frontage lengths of the lots (because they would create a zoning nonconformity), and do not result in any increase in development density because they involve already built-upon or already buildable lots. Thus, these land trades do not affect or impact against the intended, and successful, purposes for which Rule 22 was devised. The amendment proposed in this Article seeks to overcome these side effects without diminishing the real purposes of this Section. Instead of requiring the lot itself to comply with the standards of this Rule 22, this Article would require that a lot fully contain a geometrical shape which complies with these standards. As the important governing factor relative to density and lot shape control has to do with the shape of a lot at and behind the lot's frontage, the geometrical shape must also comply with the frontage location, length, and depth requirements of the By-Laws and with the lot area requirements for the zoning district in which the lot containing the shape is located. This approach will preserve the fundamental purposes of this Rule 22 while allowing flexibility in the rear and side portions of a lot in order to eliminate the side effects which have been encountered in the application of Rule 22 as it has existed to date. Finance Committee Report: No report. CPDC Report: Recommended by a vote of 4-0-0 following a public hearing held on October 6, 1997. Bylaw Committee Report: Recommended by a vote of 4-0-0 on October 15, 1997. ARTICLE 17 To see if the Town will vote to amend Section 5.3.2. of the Reading Zoning By-Laws relating to Overlay Districts by renumbering Section 5.3.2.1. as Section 5.2.9. and by deleting Section 5.3.2., or take any other action with respect thereto. Community Planning and Development Commission Background: The current Sections 5.3.2. and 5.3.2.1. read as follows: 14 "5.3.2. Overlay Districts: Lots located partly within an overlay district shall be subject to the following- additional requirements: 5.3.2.1. Any portion of a lot lying within a delineated wetlands resource area as determined by the Reading Conservation Commission may be credited to the minimum lot area requirements if the portion outside such wetlands resource area is of at least the following size: Zoning Minimum Area Outside of District Wetlands Resource Area Single Family 15 12,000 square feet -Single Family 20 12,000 square feet Single Family 40 20,000 square feet" At the Fall 1994 Town Meeting, Section 5.3.2.1. was changed from referring to minimum area outside of Wetlands Zoning Overlay Districts to the current, reference to delineated Wetlands Resource Areas. The Wetlands Zoning Overlay Districts were enacted as part of the Zoning By-Laws in June of 1975 as an effort to control building and development in wetlands areas before there were Conservation laws and regulations. These Wetlands Overlay Districts were not as accurate as delineations of wetlands made by the Conservation Commission since the enactment of the Conservation laws and regulations. For this reason, and because there often in fact were discrepancies between these Overlay Districts and the real delineated wetlands, this amendment to this Section was proposed to the Fall 1994 Town Meeting and was adopted by Town Meeting at that time. This is essentially a housekeeping Article, which would clearly sever this requirement as to required minimum upland areas of building lots from any remaining relationship to the Wetlands Zoning Overlay Districts. These Overlay Distrints still retain some relevance, as Section 4.5. of the Zoning By-Laws prohibit certain uses and activities from taking place on lands contained within these Overlay Districts. Finance Committee Report: No report. CPDC Report: Recommended by a vote of 4-0-0 following a public hearing held on October 6, 1997. Conservation Commission Report: Recommended by a vote of 6-0-0 at a public meeting held October 8, 1997. Bylaw Committee Report: Recommended by a vote of 4-0-0 on October 15, 1997. 15 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 10, 1997, 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 23rd day of September, 1997. nthony, Chai an w l W.~Bice MacDonald, Vice C Sally M. Ho ecretary George .Hines Daniel A. Ensminger SELECTMEN OF READING Thomas H. reema , Constable 16 ARTICLE. 7 Article 5 TOWN MANAGER Section 5-1: Appointment, Qualifications, Term . The Board of Selectmen shall appoint a Town Manager without term and fix his compensation within the amount annually appropriated for that purpose. The Office of Town Manager shall not be subject to a personnel bylaw, if any. The Town Manager shall be appointed solely on the basis of his executive and administrative qualifications. He shall be a professionally qualified person of proven ability, especially fitted by education, training and previous experience. He shall have had at least five (5) years of full-time paid experience as a City or Town Manager or Assistant City or Town Manager, or the equivalent level public or private sector experience. The terms of the Town Manager's employment shall be the subject of a written agreement setting forth his compensation, vacation, sick leave, benefits, and such other matters (excluding tenure) as are customarily included in an employment contract. The contract shall not provide termination benefits in excess of those provided in Article 5, Section 5-5 (d). During his term, he shall devote full time to the office, shall not engage in any other business or occupation, and (except as expressly provided in the Charter) shall not hold any other public office, elective or appointive, in the Town. With the approval of the Selectmen, he may serve as the Town's representative to regional boards, commissions and the like but shall not receive additional salary from the Town for such services. Home Rule Charter Reprinted April, 1996 17 ARTICLE 8 5.8 Scenic Roads 5.8.1 Upon recommendation of the Community Planning and Development Commission, Conservation Commission or Historical Commission, Town Meeting may vote to designate any road, other than a numbered route or state highway, as a scenic road. 5.8.2 After a road has been designated as a scenic road any repair, maintenance, reconstruction or paving work done with respect thereto shall not involve or include the cutting or removal of trees or the tearing down or destruction of stone walls or portions thereof, except with the prior written consent of the Community Planning and Development Commission after a public hearing duly advertised twice in a newspaper of general circulation in the area as to time, date, place and purpose, the last publication to occur at least seven (7) days prior to such hearing. 5.8.3 The Community Planning and Development Commission shall establish and adopt regulations for exercising its responsibilities under this Bylaw, taking into consideration sound planning principles and preservation of aesthetic and natural resources of the Town. General Bylaws 42 Amended through July, 1997 18 ARTICLE 13 W~'llipm A. kQears a Min. Ce/%Floor El =/5t3, o0 ~78.zv Min. Cer//oj- F/oor , ri11 4l 1 M } Z•Q 1 'T 04S N. o W ~ , P CD 40 ti ° yCO 4644 . Z N,\ \ 5 LOT 5A N vip• o h LOT 59 a 27, 5//.sf. 0 39, 574 s f . . . L6 1ZZ.92 4 ~3~A 16 Z ~ b s 00 1f~ ` •A i • 420027 30. Nip: ~ on S Aq i= L="6-0O T:t8.00 7000.14 - •.d u 1 LUCY (50' Wide) ®RIVGc a' 69 0.18 T=90.9,4 L=/8l. 96 ee. 19 MAIN STREET 50 2ti ^o Z+ ~S< !e 223 76 la r 2 ` 17 16 3 s 9 ® • z l 246 24.296 'y \ ze <q -r > 31,897 m Sq ct w . t ~ sqj. Ft . Ib 5 a , leOa 75 as 4 00 , p7 o " »ea ` 91~t ae { EEC 51.00 C20 °ae 1 ~ 11 t L9 5 v~ P G• y y 4 0 2 55 ° 53W. • 7 8 t 9 g s 10 12 m p e _ a L919' p'O °n o 25,279 Z<' 'D 5A p o m Ft ~ 0 22,03 8 t . D o D ' 4 ` S0 9 20,001 39.23 > 20,002 5q pt 59 Ft a0 tea. 0 ' O 119 85 21e o 02 0 O 32 y . a w 75.35 0 q s 2o.lle 9 's> ~ 33 p a3 59 F1 ~0 ~ 38,642 Sq. Ft. Slob 9V + 9 31 e J~o 10,E 2 6a 21.107 y) `c G~,2 t01~4j3L -11 !1 o e'er Sq Ft - 23.590 a 34 X 9 0 31 rosi / 5q v t 1 20,393 5q• Ff. 25.0 99 9~ r ° 43 wI FA , 1 Y N N GF r° ti IWI 44 r N ti 5 N 20.982 ` o ~q c, 28 06s u 5q Ft N S5q,034 N IWI 24,047 O N (a. 29,490 24 F ' I Sq Ft 7a Sq. t. L9. IOQ ere2s g.,g ~ S~ I• 47.1z~ O N ZO.O X01.37 86.2 ,zo.o 17 .9H _ BEAVER ROAD .5.0 ~O 9 0.0 3282 T ' 95.5 1 2! O.O 3 20.0 4,71 39 - 9 27 I 41.1 L ' i lid „ 48 47 11 46 1 45 49 5 1 N M ' 50 zo,554 n 22,523 t S F 1 22,360 22,262 • ~ jN 20,543 I q. r. _ Sq. Ft r Cq. Ft. I Sq. Ft 0 -``q F r ' t o L-" L jG I S, 2 i 8 i 22,059 Sq Ff' N~5ern 1.Z 8 NAGS 18-.4 730 EASEWNT 1 l~ EµE x5 5 ° °y ` r o o~ 0 . ye - 8f.~7 v9 39-3 Pof r'- 5, . ~a y` e 24,036 v{ M o 2 3, 180 v` 21 305 O N Sq F T I So F~ 0 h 15 14 N J 109.34 v' w 13 ~ ,o! 52 0 Y 38 43,241 Sq Ft, 2 " 37 34,701 Sq. Ft. res.oo' 36 27,51( Sq. Ft, 35 e 0 M 39,574 Sq Ft. n n B S 13~1 2 ~170 r e 4 7Q' 2 357.rgO 0.O / 7 I y, I 1 UO / I iC v ARTICLE 13 20 Scenario: Owner of Lot 1 wishes to buy Parcel A from Lot 2 in order to square off the property and have a bigger back yard or to build a rear addition to the house. Under current 5.2.1. ("Rule 22") language, this land transfer would not be allowed without a variance from the Zoning Board of Appeals because taking Parcel A away from Lot 2 would increase Lot 2's nonconformity with respect to this rule. Under proposed language of Article 16, this land transfer would be allowed by right because Lot 2 still contains a Rule-22-compliant geometric shape (shown by the dotted lines). An example of a remainder parcel ("Parcel B") resulting from the application of the current Rule-22 language. Under the proposed language of Article 16, Parcel B could be incorporated into Lot 7 because that Lot 7 would contain a Rule-22-compliant geometrical shape (which would be equivalent to the Lot 7 as shown here). 21 ARTICLE 16