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COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on )6('S7_ 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 September 9, 1996, 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
G'
</X
Thomas H. Freeman, Constable
A true copy. Attest:
'Cheryl A..J hnson, Town Clerk
1
SPECIAL TOWN MEETING l
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to notify
and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town
affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road in said
Reading, on Monday, September 9, 1996, 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
CC.
Background: This Article appears on the warrant of all Town Meetings. At this time,
there are no known reports that will be given under this Article. Reports will be given
under several of the Articles that appear on the warrant.
Bylaw Committee Report: No report.
Finance Committee Report: No report.
ARTICLE 2 To choose all other necessary Town Officers and Special Committees
and determine what instructions shall be given Town Officers and Special Committees, and to
see what sum the Town will raise by borrowing or transfer from available funds, or otherwise,
and appropriate for the purpose of funding Town Officers and Special Committees to carry out
the instructions given to them, or take any other action with respect thereto.
Board of Selectmen
Background: This Article appears on the warrant of all Town Meetings. At this time,
there are no known instructions that will be given under this Article.
Bylaw Committee Report: No report.
Finance Committee Report: No report.
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ARTICLE 3 To see if the Town will vote to amend the FY 1997 - FY 2006 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
Background: This Article appears on the warrant of all Town Meetings. At this time,
there are no known amendments to the Capital Improvements Program that will be
given under this Article.
Bylaw Committee Report: No report.
Finance Committee Report: No report.
ARTICLE 4 To see if the Town will vote to authorize the payment during Fiscal Year
1997 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: As part of the FY 1996 budget amendments made at the 1996 Annual
Town Meeting, there was a reduction to the "rubbish collection and disposal" line item
in the Department of Public Works budget. This reduction was requested by the Town
Manager and recommended by the Finance Committee based on the proposed long
term rubbish collection, disposal, and recycling contract that was then under active
negotiation.
Also at the 1996 Annual Town Meeting, Town Meeting voted an instructional
motion, asking the Finance Committee to review the proposed rubbish collection,
disposal and recycling contracts. The Finance Committee did review the proposed
contracts, and recommended to the Town Manager that the Town re-bid all of the
possible solid waste options. In order to maintain the confidence in the Town's
procurement processes, The Town Manager agreed to re-bid the myriad of alternatives
for solid waste collection, disposal and recycling, and that process is now on-going.
As a result of not having a new contract in place on July 1, the $75,000 discount
offered by the vendor for recycling for FY 1996 was not available and, therefore, there
was not adequate funds remaining in the FY 1996 Town budget for this line item.
Under this Article, a motion will be made to appropriate the sum of $ 62,065 from Free
Cash to pay a prior years bill. This will require a 9/10 vote of Town Meeting.
Bylaw Committee Report: No report.
Finance Committee Report: The Finance Committee voted 7-0-0 to recommend the
approval of Article 4 in the amount of $62,065. In May 1996, the Finance Committee
acted upon Town Meeting's instructional motion to "review the rubbish collection,
recycling and disposal proposals that have been submitted and the Town's comparative
analyses." The Finance Committee examined the competing bids for disposal received
by the Town Manager (including differences in contract language), and his assumptions
regarding collection and recycling costs.
We concluded that the Town Manager should bid the contracts for collection and
recycling, as well as disposal, and then assess the costs and potential risks of all
options to determine which "package" is more favorable for the Town. Although this
action has resulted in the loss of a $75,000 discount offered by our current vendor in
FY 1996, the Town has the potential to save $700,000 or more over the next 15 years
by pursuing more than one option.
ARTICLE 5 To see if the Town will vote to amend one or more of the votes taken
under Article 17 of the Warrant of the Annual Town Meeting of April 8, 1996, relating to the
Fiscal Year 1997 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
Background: Several needed modifications to the FY 1997 budget are known at this
time, and approval of the modifications shown below are requested from Town Meeting:
BUDGET
#
DESCRIPTION
CHANGE
in adopted
budget
NEW
BUDGET
AMOUNT
FINCOM
recoinmen
-dation
D2
Town Manager - Personal Services
$1569
$81,974
- 7-0-0
E2
Health - Non-Personal Expenses
$18,103
$62,304
7-0-0
G1
Police - Personal Services - Grant Match
$15,000
$2,293,074
6-1-0
GI
Police - Personal Services - Temp X-ing Guard
$2,000
$2,295,074
K1
Debt Service
$140,500
$1,934,363
7-0-0
K45
Capital - School Portable Building
$-30,000
$70,000
7-0-0
N2
Sewer Non-Personal Expenses
$179,318
$2,711,913*
Workers Compensation Trust Fund
$-147,172
7-0-0
* Increase the use of Sewer Reserves by $179,318 to $632,318
D2 - The Board of Selectmen approved the Town Managers salary in June 1996, with
a 4.5% salary increase. This was based on the "across the board" 2.5% granted to all
Town employees, plus an increase based on outstanding performance and to make the
Town Managers salary higher than the entry level that it would be when compared to
comparable communities. This decision was based on a thorough performance
evaluation that is performed annually. The 4.5% increase is similar to approximately
one dozen other salary increases for FY 1997 that were done to raise experienced
Town employees above the entry level of pay.
4
E2 - The State has recently provided for the free immunization of 6th grade students for
Hepatitis B. The population that is "at risk" is middle and high school students.
Incoming middle school students (6th grade) will be offered the vaccine annually at no
cost to the student or to the Town. However, there is a large portion of the "at risk"
group in Reading that does not have access to free or low cost vaccine. The Health
Division proposes to make the vaccine available during the 1996 - 1997 school year to
all 7th through 12 graders in Reading at a nominal cost of $27 per student - the cost of
actually providing the vaccine. It is estimated that approximately 50% of those eligible
will take advantage of the program at a cost of $27 each (1341 students X 50% X $27
= $18,103.50) . The Health Division would handle publicity, materials, and would
actually administer the 3 shot series in conjunction with the school nurses. The funds
charged per student ($27) will go back into the general fund and, therefore, there will
be no long term cost of the program to the Town. This program will not have to be
funded in the future, because all 6th graders in the future will have access to the free
program.
G1 - The Town was fortunate in receiving Federal Funding for a second "COPSFAST"
grant which pays the cost of the salary for an additional Police Officer for 3 years at a
rate of $25,000 per year for 3 years. The annual salary cost of a Police Officer in
Reading is $40,000 and, therefore, an additional $15,000 is needed in the Police salary
budget.
G1 - At the instruction of Town Meeting, the signals at the intersection of Summer
Avenue and Prescott Street were turned to "flashing red" and the intersection was
modified to a 4 way stop intersection on a temporary basis until the new signal system
is installed and operating. Bids were accepted in August, and the work should be
complete by the end of the calendar year. In the meantime, the Board of Selectmen
has directed that a School Crossing Guard be placed at this location since it is a key
location for children walking to Joshua Eaton School and to the Parker Middle School.
Once the signal installation is complete, the Crossing Guard will be removed. The
funds requested will provide for a Crossing Guard for just over 1/2 a year.
K1 - As Town staff noted in the FY 1997 budget presentation to Town Meeting in April,
it has been determined to be in the community's best long term interest to sell
$9,680,000 in general obligation bonds this summer while interest rates were relatively
low. The Town portion of the bonds were for the elementary school remodeling
($6,230,000), High School roof ($300,000) and school boiler and burner replacement
($172,000). The remainder is for the RMLD Light Plant ($2,978,000), and the interest
costs for their portion of the bond will be paid by the Light Department. The bond sale
took place and the interest rate for the bonds was 5.2867%, an excellent rate that was
attributable to a good economic climate and to the upgrading of the Town's bond rating
to AA. The effect of the bond sale is that in FY 1997, there is a shortfall in the interest
payment of $140,500 but over the next 10 years, the cost is approximately $500,000
less that previous projections.
K45 - The School Department was budgeted $100,000 for the new portable building at
the Barrows School. Due to a very favorable bidding climate, the portable building was
delivered and set up for much less than that, and the surplus is therefore available for
other purposes.
N2 - The final bill from the MWRA for sewage treatment was not known until after the
FY 1997 budget was adopted by Town Meeting. The amount of increase in the MWRA
bill is $179,318 for this fiscal year. Following a Public Hearing, the Board of Selectmen
has set the sewer rates based on this increased level of expenses, and based on using
an additional $179,318 in sewer reserves to help to offset the rate increase. This will
still leave $393,650 in the sewer reserves. It is anticipated that at the Subsequent
Town Meeting in November, additional sewer reserves will be needed to fund the
installation in two streets which do not yet have sanitary sewers.
Worker's Compensation Trust Fund - When the Town was self insured for Worker's
Compensation, a Trust Fund was established and funded annually to pay the self
insurance costs. In FY 1996, the Town was able to acquire a fully insured Worker's
Compensation Program, and many of the old cases on the self insured program have
been resolved. The Town still needs to retain a trust fund to cover the remaining costs
of the old self insured Worker's Compensation cases but is able to release a portion of
it to be appropriated by Town Meeting at this time.
Bylaw Committee Report: No report
Finance Committee Report: The Finance Committee voted 7-0-0 to recommend the
approval of Article 5. The Finance Committee has recommended the budget
modifications as noted in the table above. These modifications are known at this time,
and are needed in order to continue operations for FY 1997. Additional budget
modifications may be required at the Subsequent Town Meeting in November, and in
the Annual Town Meeting next April. There is no impact on the Town's free cash. The
Finance Committee reached the following conclusions with regard to the specific
proposed modifications.
D2 - The Town Manager's salary is in line with other senior executives in the Town and
comparable to other Town Managers. The aggregate 4.5% increase is consistent with
salary increases received by a number of other Town employees, and reflects the Town
Manager's excellent evaluation.
E2 - Since the Town will charge for each vaccination provided, this program will
ultimately not cause the Town any money.
G1- The COPSFAST grant provides an economical means to increase the Police
Department staff, which will allow the department to continue to develop initiatives such
as community policing and increased presence in the Square. The primary concern
that the Finance Committee has is that when the COPSFAST grant expires in three
years, the Town will be responsible for funding the balance of the officer's
compensation. Since Reading now has two COPSFAST officers, the budget will
increase by $50,000 if these positions are maintained.
C
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K1 - The Town is taking advantage of the low interest rate environment and recent
bond rating upgrade by issuing long-term bonds sooner than initially anticipated, and
the Town will benefit by lowering our total interest costs during the next ten years.
K45 - The new budget amount reflects actual bids received for the project.
Worker's Compensation Trust Fund - The recent settlement of a significant case allows
the Town to release $145,172 from the Fund. Fund assets of $194,749 still exceed
projected maximum fund liabilities of $189,221.
ARTICLE 6 To see if the Town will vote to amend the Reading Zoning By-Laws by
adding the following Section 4.3.4., or take any other action with respect thereto:
"4.3.4. Adult Uses
4.3.4.1. Purpose and,lntent:
It is the purpose and intent of this Section 4.3.4. to address and mitigate the secondary
effects of the Adult Uses and sexually oriented businesses referenced herein, since
such secondary effects have been found by the Community Planning and Development
Commission, as a result of the studies relied upon by the Community Planning and
Development Commission and after other public input, to include increased crime,
adverse impacts on public health, adverse impacts on the business climate of the
Town, adverse impacts on the property values of residential and commercial properties,
and adverse impacts on the quality of life in the Town, all of which secondary impacts
are adverse to the health, safety, and general welfare of the Town of Reading and its
inhabitants. The provisions of this Section have neither the purpose nor intent of
imposing a limitation or restriction on the content of any communicative matter or
materials, including sexually oriented matter or materials. Similarly, it is not the
purpose or intent of this Section to restrict or deny access by adults to Adult Uses and
to sexually oriented matter or materials protected by the Constitutions of the United
States of America and of the Commonwealth of Massachusetts, nor to restrict or deny
rights that distributors or exhibitors of such matter or materials may have to sell, rent,
distribute, or exhibit such matter or materials. Neither is it the purpose or intent of this
Section to legalize the sale, rental, distribution, or exhibition of obscene or other illegal
matter or materials.
4.3.4.2. Definitions:
4.3.4.2.1. Adult Uses:
An establishment, a building or portion thereof, or a use of land having a
substantial or significant portion of its business activity, stock in trade, or
other matter or materials for sale, rental, distribution, or exhibition, which are
distinguished or characterized by their emphasis on depicting, describing, or
relating to sexual conduct or sexual excitement as defined in Section 31 of
Chapter 272 or the General Laws, including but not limited to the following:
7
a. Adult Bookstore: An establishment having as a substantial or
significant portion of its stock in trade, books, magazines, and other matter ~r
which are distinguished or characterized by their emphasis depicting,
describing or relating to sexual conduct or sexual excitement as defined in
Section 31 of Chapter 272 of the General Laws;
b. Adult Club: An establishment having as a substantial or significant
portion of its activities or entertainment a person or persons performing in a
state of nudity or distinguished by an emphasis on matter depicting, describing
or relating to sexual conduct or sexual excitement, as defined in Section 31 of
Chapter 272 of the General Laws;
c. Adult Entertainment Establishment: An establishment offering
activities or goods or providing services where employees, entertainers or
patrons are engaging in nudity, sexual conduct or sexual excitement as
defined in Section 31 of Chapter 272 of the General Laws;
d. Adult Motion Picture Theater: An establishment used for
presenting material distinguished by an emphasis on matter depicting,
describing, or relating to sexual conduct or sexual excitement as defined
in Section 31 of Chapter 272 of the General Laws;
e. Adult Paraphernalia Store: An establishment having as a
substantial or significant portion of its stock devices, objects, tools or toys
which are distinguished or characterized by their association with sexual
l
activity, including sexual conduct or sexual excitement as defined in Section
31 of Chapter 272 of the General Laws;
f. Adult Video Store: An establishment having as a substantial or
significant portion of its stock in trade videos, movies or other film materials
which are distinguished or characterized by their emphasis depicting,
describing, or relating to sexual conduct or sexual excitement, as defined
in Section 31 of Chapter 272 of the General Laws.
4.3.4.2.2. Substantial or Significant Portion:
The term "substantial or significant portion" as used herein shall mean any
of the following:
a. Twenty percent (20%) or more of the business inventory or
stock of merchandise for sale, rental, distribution or exhibition during
any period of time; or
b. Twenty percent (20%) or more of the annual number of gross
sales, rentals or other business transactions; or
c. Twenty percent (20%) or more of the annual gross business
revenue; or
d. Twenty percent (20%) or more of the hours during which the
establishment is open.
8
4.3.4.3. Special Permit:
No Adult Use shall be allowed except by a Special Permit granted by the Board of
Appeals. The Board of Appeals may grant a Special Permit for an Adult Use, with
such conditions as it deems appropriate for the protection of public health, safety
and welfare, in any district permitting such use only if the use is found by the
Board of Appeals to comply with the following standards and procedures:
4.3.4.3.1. Location: An Adult Use may not be located:
a. Within seven hundred fifty (750) feet of a boundary line of a
residential zoning district;
b. Within seven hundred fifty (750) feet of a lot line of any lot
containing a church, public school, private kindergarten or school,
licensed day-care facility, park, playground, public library, cultural
facility, museum, elderly housing, assisted living facility, nursing home
or adult day-care facility;
. c. Within seven hundred fifty (750) feet of a lot line of any lot
containing an establishment licensed under the provisions of Section
12 of Chapter 138 of the General Laws.
d. Within five hundred (500) feet of any other Adult Use.
4.3.4.3.2. Site Development Standards:
a. Site Plan Review: No Special Permit for any Adult Use shall
be issued without Site Plan Approval first having been obtained from the
Community Planning and Development Commission under Section 4.3.3.
hereof.
b. Dimensional Requirements: Any building or structure containing
an Adult Use shall meet the setback requirements and other dimensional
controls of the appropriate district as specified in these By-Laws. For any
property proposed to contain an Adult Use, the applicant for a Special Permit
for such use shall demonstrate that the entire property shall comply with these
requirements and controls following the establishment of such use thereon.
c. Parking and Loading: On-site parking and loading shall be provided
in accordance with the requirements set forth in Section 6.1. of these By-Laws
as pertains to retail stores, offices and consumer service establishments. For
any property proposed to contain an Adult Use, the applicant for a Special
Permit for such use shall demonstrate that the entire property shall comply
with these requirements and controls following the establishment of such use
thereon.
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d. Landscaping: At a minimum, the property on which an Adult Use is
proposed to be located shall contain a landscaped buffer strip along its entire
perimeter, except that portion directly abutting a public street, in accordance
with the requirements of Paragraph 5.3.1.3.a. hereof.
e. Signs: All signs for any Adult Use must meet the requirements of
Section 6.2. hereof. In addition, no advertisement, display or other promotional
material which contains sexually explicit graphics or sexually explicit text shall
be visible to the public from any public way including but not limited to
sidewalks, pedestrian walkways, highways or railways.
4.3.4.3.3. Other Special Permit Requirements:
4.3.4.3.3.1. If the Adult Use allows for the showing of films or videos within
the premises, the booths in which the films or videos are viewed shall not
be closed off by curtains, doors or screens. All booths must be able to be
clearly seen from the center of the establishment.
4.3.4.3.3.2. The application for a Special Permit for an Adult Use must
include the following information:
a. Name and address of the legal owner of the proposed Adult Use
establishment;
b. Name and address of all persons having a lawful, equity or security
interest in the Adult Use establishment;
c. A sworn statement must be provided stating that neither the applicant
nor any person having a lawful, equity or security interest in the Adult Use
establishment has been convicted of violating the provisions of Section 63 of
Chapter 119 of the General Laws or Section 28 of Chapter 272 of the General
Laws;
d. Name and address of the manager of the Adult Use establishment;
e. Proposed provisions for security within and without the Adult Use
establishment;
f. The number of employees; and
g. The present and proposed physical layout of the interior of the Adult
Use establishment.
4.3.4.3.3.3. No Special Permit for an Adult Use shall be issued to any person
convicted of violating Section 63 of Chapter 119 of the General Laws or Section
28 of Chapter 272 of the General Laws.
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4.3.4.3.3.4. An Adult Use Special Permit shall only be issued following a
public hearing held within sixty-five (65) days after the filing of an application
with the Board of Appeals.
4.3.4.3.3.5. Any Adult. Use Special Permit issued under this By-Law shall
lapse within one (1) year if substantial use thereof has not sooner commenced
except for good cause or, in the case of a permit for construction, if construction
has not begun by such date except for good cause; excepting only any time
required to pursue or await the determination of an appeal from the grant
thereof.
4.3.4.3.3.6. Any Adult Use Special Permit issued under this By-Law shall
require that the owner of such Adult Use shall supply on a continuing basis to
the Building Inspector any change in the name of the record owner or address
or any change in the name of the current manager; and that failure to comply
with this provision shall result in the immediate revocation of such Special
Permit. If anyone so identified is or is found to be convicted of violating Section
63 of Chapter 119 of the General Laws or Section 28 of Chapter 272 of the
General Laws, such Special Permit shall immediately be null and void.
4.3.4.3.3.7. No Adult Use Special Permit issued under this By-Law shall
become valid or in full force and effect until and unless the owner of the
property containing such Adult Use shall supply to the Building Inspector a
notarized statement agreeing to all terms and conditions of said Adult Use
Special Permit
4.3.4.4. Non-Conformity:
4.3.4.4.1. Any Adult Use in existence prior to the adoption of this Section
4.3.4. shall apply for a Special Permit as specified in this Section 4.3.4. within
ninety (90) days following the adoption of this Section 4.3.4. and shall be
required to comply in all respects with all requirements.
4.3.4.4.2. Any Adult Use in existence prior to the adoption of this Section
4.3.4. which has applied for such Special Permit but which has not been
granted such Special Permit may be permitted by a unanimous vote of the
Board of Appeals following a public hearing to continue in operation at its
present location for a period of time not exceeding six (6) months following the
date of the application for such Special Permit provided that a written request
therefor is made to the Board of Appeals. The Board of Appeals, upon written
application made prior to the expiration of any such period of time and following
a public hearing may grant one additional extension period of time not to exceed
six (6) months. The Adult Use owner must demonstrate undue financial
hardship if forced to close immediately upon failure to obtain a Special Permit
to the Board of Appeals in order to obtain any such extension.
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4.3.4.5. Invalidity:
In the event that any provision of this Section 4.3.4. shall be determined invalid by a
Court of competent jurisdiction or otherwise, the remaining provisions of this Section
4.3.4. not manifestly inseparable from the invalid provision(s) shall remain in full force
and effect.
Community Planning and Development Commission
Background: Articles 6 through 10 are a group of amendments proposed to the
Reading Zoning By-Laws designed to reduce or eliminate the harmful secondary
effects arising from adult-oriented business in Reading. Court decisions, including
those of the United States Supreme Court, have made clear that Adult Uses are
protected as free speech by the Constitution, and thus cannot be restricted because of
such use by any municipality. However, these decisions have also made clear that
municipalities do have the right to protect the public from the adverse secondary effects
caused by these uses. The Town Planner has found through research that many cities
and towns throughout the United States have experienced significant adverse effects
from adult-oriented businesses, including increases in crime, deleterious public health
conditions, decreases in business and residential property values, neighborhood
deterioration, and interference with economic development efforts. These Articles are
intended to regulate the location and conditions of adult-oriented uses to reduce,
contain, or prevent such adverse secondary effects.
Article 6 as it will be moved by CPDC establishes a new Section in the Zoning By-Laws
to regulate the secondary effects arising from Adult Uses. It states the purpose and
intent and sets forth definitions of Adult Uses by type and in several instances by
proportion of inventory, transaction volume and business revenue. The Article would
allow adult businesses only by Special Permit granted after a public hearing by the
Zoning Board of Appeals, and specifies conditions under which an Adult-Use Special
Permit could be granted. These conditions include:
• Locational criteria both by zoning district (Article 8 specifies the Industrial District
only) and by distance from residential and other sensitive uses,
• Site development standards, including site plan review, landscaping, conformity
with dimensional and parking and loading requirements of the Zoning By-Laws,
and restrictions on sexually explicit wording or graphics on their signs,
• Restrictions on "peep-show" booths,
• Prohibition of issuing any special permit to anyone convicted of child-molestation
or sexual offenses,
• Expiration of the special permit if not exercised within one year of granting,
• Continuous updating as to changes in ownership and management, and
• Agreement by the property owner to the terms and conditions of the Special Permit.
The Article. also requires any existing Adult Use to apply for a special permit within 90
days of the adoption of this Article and to comply in all aspects with the provisions of
this By-law section.
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Moreover, the Article contains authority for the Board of Appeals to grant no more than
two six-month periods for any existing Adult Use not granted a Special Permit to remain
in business due to economic hardship. Finally, the Article contains an invalidity clause
to preserve its integrity if separable portions are declared invalid.
Town Meeting Members should be aware that CPDC's motion under this Article will
change slightly Paragraph 4.3.4.2.2. The word "herein" will be replaced with the words
"in this Section 4.3.4." in order to make it clear that this definition applies to this Section
only and not to the entire Zoning By-Laws. In addition, part "d" relating to hours of
operation will be deleted as there are cases where this provision may be in conflict with
parts a, b and c.
CPDC Report: Recommend 4-0-0.
By-Law Committee Report: Recommend 5-0. The Bylaw Committee concurs with the
intent of all the proposed Zoning By-Law changes that the placing of adult
entertainment entities need to be controlled within the Town of Reading. The Bylaw
Committee reviewed all the proposed Zoning By-Law changes in detail, and felt that the
proposed changes which reflects considerable input and subsequent revision by many
parties as constructed are well put together. The Bylaw Committee feels that the
proposed zoning changes presented in this Article and all the other articles as
proposed in this warrant accomplish the purpose for which they intended.
ARTICLE 7 To see if the Town will vote to amend the Reading Zoning By-Laws by
adding the following to Section 2.0. Definitions:
"2.2.1.2. Adult Uses: The uses defined in Section 4.3.4. of these By-Laws."
or take any other action with respect thereto.
Community Planning and Development Commission
Background: This Article incorporates into the general definitions of the Zoning
By-Laws the definitions of Adult Uses as set forth in Article 6.
CPDC Report: Recommend 4-0-0.
By-Law Committee Report: Recommend 5-0. See recommendation under Article 6.
ARTICLE 8 To see if the Town will vote to amend the Reading Zoning By-Laws by
adding to Section 4.2.2. Table of Uses the following:
a. Add between the line "Planned Unit Development" and the line "Automotive
Uses" the following wording under the following headings:
Principal Use RES
S-15
S-20
S-40
"Adult Uses" no
RES RES BUS BUS BUS IND
A-40 A-80 A B C
no no no no no SPA***
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b. Add the following at the end of said Section 4.2.2. Table of Uses:
Adult Uses may be permitted only in the Industrial District by Special
Permit granted by the Board of Appeals according to the requirements of
Section 4.3.4."
or take any other action with respect thereto.
Community Planning and Development Commission
Background: This Article adds Adult Uses as a new use category in the Table of
Uses (Section 4.2.2.) and limits Adult Uses to the Industrial Zoning District only by
Special Permit granted by the Zoning Board of Appeals.
CPDC Report: Recommend 4-0-0.
By-Law Committee Report: Recommend 5-0. See recommendation under Article 6.
ARTICLE 9 To see if the Town will vote to amend the Reading Zoning By-Laws by
adding the following as Section 6.3.2.5.:
"6.3:2.5. Non-Applicability:
This Section 6.3.2. allowing non-conforming uses to continue shall not apply to Adult
Uses as defined in Section 4.3.4. hereof, all of which uses must comply in all respects
with the provisions of Section 4.3.4."
or take any other action with respect thereto.
Community Planning and Development Commission
Background: Section 6.3.2. of the Zoning By-Laws generally allows the continuance
of legal non-conforming uses provided that their nonconforming aspects are not
expanded. This Article creates an exception to this allowance in the case of Adult
Uses, as currently authorized by State Law.
CPDC Report: Recommend 4-0-0.
By-Law Committee Report: Recommend 5-0. See recommendation under Article 6.
ARTICLE 10 To see if the Town will vote to amend the Reading Zoning By-Laws by
adding the following Section 4.3.1.5.:
"4.3.1.5. Any establishment having any portion of its business activity, stock in trade,
or other matter or materials for sale, rental, distribution, or exhibition, which are
distinguished or characterized by their emphasis on depicting, describing, or relating to
sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 or the
General Laws, shall:
14
a. Provide to the Building Inspector upon request satisfactory
evidence that said portion does not equal or exceed twenty (20) percent as
defined in Section 4.3.4.2.2. hereof, and
b. Take such action to the satisfaction of the Building Inspector
necessary to provide physical separation of any such activity, stock in trade,
or other matter or materials for sale, rental, distribution, or exhibition, which are
distinguished or characterized by their emphasis on depicting, describing, or
relating to sexual conduct or sexual excitement as defined in Section 31 of
Chapter 272 or the General Laws, from the other allowable uses, activities,
stock in trade, or matter or materials of the establishment, for the purpose of
protecting minors."
or take any other action with respect thereto.
Community Planning and Development Commission
Background: Certain non-adult businesses do or will in the future carry adult-oriented
materials as a small portion of their stock in trade. This would continue to be
permissible as long as that portion does not exceed 20 percent, as defined in Article 6.
This Article as it will be moved by the CPDC enables the Town, through the Building
Inspector, to monitor this matter to ensure that non-adult businesses do not become
adult businesses as defined in Article 6 , or if they do, to require them to comply with
those new sections of the By-Laws.
Town Meeting Members should be aware that CPDC's motion under this Article will
eliminate part b and elaborate somewhat in part a, because of Constitutional and
enforcement considerations.
CPDC Report: Recommend 4-0-0.
By-Law Committee Report: Recommend 5-0. See recommendation under Article 6.
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
September 9, 1996 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 9th day of July, 1996
i:7k'-
AZ nes, s, Chairman
Camille W. Anthony Vice Chairman
W. ruce MacDonald, Secretary
/11yM. H t
L
Daniel A. Ensminger
SELECTMEN OF READING
Thomas H. Freeman, Constable
16
ARTICLES 6-10
Town of Reading
16 Lowell Street
Reading, NU 01867-2683
COMMUNITY DEVELOPMENT
FAX: (617) 942-9070 (617) 942-9010
MEMORANDUM
To: Community Plannin and Development Commission
From: Jonathan Edwards
Subj: Area Analysis for Potential Adult-Use Separations
Date: June 17, 1996, revised June 18, 1996
There are two Industrial Districts in Reading: one between Route 128 and the Stoneham line, and
one centered around Walkers Brook Drive. These two areas contain a total of 206 acres, or 3.2%
of Reading's total land area of 6388 acres. The attached maps show these areas.
With a 500-foot separation from residentially zoned lands, the following would be available for
location of Adult Uses:
Industrial District between Route 128 and the Stoneham Line:
None: the one privately held parcel in this district is entirely within 500 feet of a
residential zoning district. The other parcels, all State owned, are within 500 feet of
either a Reading or a Stoneham residential zoning district.
Walkers Brook Drive Industrial District:
A total of 70.7 acres lies beyond 500 feet of a residential zoning district. This equals
1.1% of Reading's total land area. This area contains all of four private parcels (128
Sales, Stan Enterprises [Texaco], Boston Gas, and TASC), all of two Town-owned
wetlands parcels, portions of four private parcels (Fraen, Winchester Hospital,
Damco[Frugal Fannie's], and Boston Stove [North Suburban Office Park]), and portions
of two Town-owned parcels (DPW garage and the landfill).
With a 750-foot separation from residentially zoned lands, the following would be available for
location of Adult Uses:
Industrial District between Route 128 and the Stoneham Line:
None (see above)
Walkers Brook Drive Industrial District:
A total of 38.6 acres lies beyond 750 feet of a residential zoning district, equal to 0.6%
of the Town's total land area. This area contains all of two Town-owned wetlands
parcels, all of three private parcels (128 Sales, Stan Enterprises, and Boston Gas) and
portions of four private parcels (TASC, Boston Stove, Damco, and Fraen).
17
r
With a 1000-foot separation from residentially zoned lands, the following would be available for
location of Adult Uses:
Industrial District between Route 128 and the Stoneham Line:
None (see above) _
Walkers Brook Drive Industrial District: -
A total of 13.3 acres lies beyond 1000 feet of a residential zoning district, equal to 0.2%
of the Town's total land area. This area contains all of two. Town-owned wetlands parcels
and portions of four private parcels (128 Sales, Starr Enterprises, Boston Gas, and
TASC).
cc: Board of Selectmen
Town Counsel
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18
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5.2.8 Building Per Lot
5.2.8.1. In any district other than Apartment 80,
not more than one principal building shall be
erected on a lot.
5.2.8.2. Where two or more principal buildings
are on the same lot, they shall be located at least
fifty (50) feet apart.
5.3 SPECIAL: CASES
5.3.1 Transitional Areas
Buildings in Business and Industrial Districts
located in the same block as and within one
hundred fifty (150) feet of a Residence District
shall be subject to the following additional
requirements;
5.3.1.1.
Table of Additional Dimensional Controls for Transitional Areas
District
Distance From
Residence
District
Minimum Yards
Front Side Rear
feet feet feet
Maximum
Height
feet
Business B
adjoining
5
10
N.A.
N.A.
within 80 feet
5
N.A.
N.A.
N.A.
Business C
adjoining
N.A.
50
50
25
within 100 feet
N.A.
N.A.
N.A.
25
within 150 feet
N.A.
N.A.
N.A.
45
Industrial
adjoining
N.A.
100
100
N.A.
5.3.1.2. In an Industrial District, the minimum
side yard shall be fifty (50) feet where the side
lot link, is a street line, and the opposite side of
the street is in a Residence District.
5.3:1.3. As part of all new construction of
any building, parking lot, structure, or any
extension or addition thereto in a Business C or
Industrial District and where such construction
abuts within one hundred twenty-five (125) feet
of any Residential District, a buffer strip is to be
established subject to the following
requirements:
a. Said buffer strip shall have a twelve(12)
foot minimum depth and contain a curb
to prevent parking within the strip, a six
(6) foot high fence which shall be
located a maximum of two (2) feet from
the abutting Residential/ Business C
and/or Industrial lot line and shall
contain an evergreen hedge on the
Business C and/or Industrial side of the
fence which is to be at least three (3)
feet in height'at the time of planting and
will provide a year-round dense visual
screen and attain a height of at least
seven (7) feet within five years of
planting.
21
Reading Zoning By-Laws 46 Revised Nov. 1994