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1995-11-13 Subsequent Town Meeting Warrant Report
Town of Reading Massachusetts Report on the Warrant Subsequent Town Meeting November 13, 1995 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 General Bylaws. Although Robert's Rules of Order is the basic source, a Town Meeting member need only be familiar with what is contained in the Charter. These notes are intended to outline the major points all Town Meeting members should know, and which by knowing, will make Town Meeting more understandable. ORGANIZATION • 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. • Members who wish to speak shall rise, state their name and precinct, in order to be recognized. • A member may speak for ten minutes, but permission must be asked to exceed this limit. • (7) members can question a vote and call for a standing count and (20) can ask for a roll call vote; however, a roll call vote is seldom used because of the time it takes. • There are three main committees which PRINCIPAL MOTIONS ENCOUNTERED AT review certain articles and advise Town TOWN MEETING 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. 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. GENERAL RULES OF PROCEDURE • The meeting is conducted through the warrant articles which are presented (moved) as motions. Only one motion may be on the floor at a time; however, the motion may be amended. Often two or more articles which address the same subject may be discussed together; however, only one is formally on the floor, and each when moved is acted upon individually. Note that the vote on one may influence the others. • Recess: Stops business for a short time, generally to resolve a procedural question or to obtain information. • Lay on the Table: Stops debate with the intention generally of bringing the subject up again later. May also be used to defer action on an article for which procedurally a negative vote is undesirable. Note that tabled motions die with adjournment. • Move the Previous Question: Upon acceptance by a two-thirds 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 Roberts 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 Roberts 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. ii Section 2.1.2 The polls for the Annual TownMeeting 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 AnnualTown Meeting, except the election of such Town officers and the determination of such matters as required by law to be elected or determined by ballot, shall be considered at an adjournment of such meeting to be held at 7:30 p.m. on the second Monday in April, except if this day shall fall on a legal holiday, in which case the meeting shall be held on the following day or at a further adjourn- ment 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 oper- ating budget. Section 2.1.5 Adjourned sessions of every Annual Town Meeting after the first such adjourned session provided for in Section 2.1.3 of this Article and all sessions of every Subsequent Town Meeting, shall be held on the following Thursday at 7:30 p.m. and then on the following Monday at 7:30 p.m. and on consecutive Mondays and Thursdays un- less a resolution to adjourn to another time is adopted by a majority vote of the Town Meeting Members present and voting. Section 2.1.6 The Board of Selectmen shall give notice of the Annual Subsequent or any Special Town Meeting at least fourteen(14) days prior to the time of holding said Meeting by causing an attested copy of the Warrant calling the same to be posted in one (1) or more public places in each precinct of the Town and either causing such attested copy to be published in a local newspaper or mailing an attested copy of said Warrant to each Town Meeting Member. Section 2.1.7 All articles for the Annual Town Meeting shall be submitted to the Board of Selectmen not later than 8:00 p.m. on the fifth Tuesday preceding the date of election of Town officers unless this day is a holiday in which case the following day shall be substituted. All articles for the Subsequent Town Meeting shall be submitted to the Board 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. iii 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 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 discussion at a Town Meeting and any person employed by another having such an interest, shall disclose the fact of his interest or his , employer's interest before speaking thereon. 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 adjourn, (2) to lay on the table or pass over, (3) to postpone for a certain time, (4) to tv commit, (5) to amend, (6) to postpone indefinitely or (7) to fix a time for termin- ating debate and putting the question, and the aforesaid several motions shall have precedence in the order in which they stand arranged in this Rule. Rule 17: Motions to adjourn (except when balloting for offices and when votes are being taken) shall always be first in order. Motions to adjourn, to move the question, to lay on the table and to take from the table shall be decided without debate. Rule 18: The previous question shall be put in the following form or in some other form having the same meaning: "Shall the main question now be put?," and until this question is decided all debate on the main question shall be suspended. If the previous question be adopted the sense of the meeting shall immediately be taken upon any pending amendments in the order inverse to that in which they were moved except that the largest sum or the longest time shall be put first, and finally upon the main question. Rule 19: The duties of the Moderator and the conduct and method of pro- ceeding at all Town Meetings, not prescribed by law or by the Rules set forth in this Article, shall be determined by the rules of practice set forth in Robert's Rules of Order Revised, so far as they may be adapted to Town Meetings. Section 2.2.2 It shall be the duty of every official body, by a member thereof, to be in attendance at all Town Meetings for the information thereof while any subject matter is under consideration affecting such official body. Section 2.2.3 All committees authorized by Town Meeting shall be appointed by the Moderator unless otherwise ordered by a vote of the Members present and voting. All committees shall report as directed by the Town Meeting. If no report is made within a year after the appointment, the committee shall be discharged unless, in the meantime, the Town Meeting grants an extension of time. When the final report of a committee is placed in the hands of the Moderator it shall be deemed to be received, and a vote to accept the same shall discharge the committee, but shall not be equivalent to a vote to adopt it. Section 2.2.4 Motion to Reconsider 2.2.4.1 A motion to reconsider any vote must be made before the final 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 suchmotion is made at the session of the meeting at which the vote was passed, said motion shall be accepted by the Moderator but considera=tion thereof shall be postponed to become the first item to be considered at the next session unless all remaining articles have been dis- posed 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. Arguments for or against reconsideration may include discussion of the motion being reconsidered providing such discussion consists only of relevant facts or arguments not previously 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 v 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 any time before the final adjournment of the meeting at which the vote was passed, said motion may be made even if the vote was already reconsidered or was the subject of a vote not to reconsider and reconsideration may be ordered by a vote of two-thirds (2/3) of the votes present. 2.2.4.3 Notice of every vote to be reconsidered at an adjourned Town 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 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. Chairmen shall serve no more than six 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 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 consideration of the article placed upon the Annual Town Meeting Warrant in accordance with Section 2-6 of the Charter, the names of Town Meeting Members in that precinct appearing on said Warrant article and adopt recom- mendations 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 recommendations 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 vi 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 requirements, conduct such a meeting or hearing at a time scheduled for a Town Meeting. Vii C 1 Reports Board of Selectmen 1 2 Instructional Motions Board of Selectmen 1 3 Amend Capital Improvement Program Board of Selectmen 2 4 1995 Unpaid Bills Board of Selectmen 2 5 Amendments FYI 996 Budget Board of Selectmen 2 6 Establish Revolving Fund - Compost Bins Board of Selectmen 4 7 Contract for Solid Waste Collection/Disposal Board of Selectmen 4 8 Appropriate Funds for Landfill Site closure - Walkers Brook Drive Board of Selectmen 5 9 Appropriate Funds for Construction - Wood End Cemetery Board of Selectmen 6 10 Transfer Oakland Road Site for Police Station Site Board of Selectmen 7 11 Acquire 75 Pleasant Street Police Station Site Board of Selectmen 8 12 Acceptance of Gifts - Modifying the Morang Trust Board of Selectmen 9 13 Amend General Bylaws - Demolition of Structures Historical Commission 9 14 Acquire Drainage Easement 908 Main St. CPDC 14 15 Amendment to Zoning By-Laws - Signs CPDC 14 16 Amendment to Zoning By-Laws - Owner responsibility CPDC 15 17 Amendment to Zoning By-Laws - Communications Structures CPDC 16 18 Amendment to Zoning By-Laws - PUD simplification CPDC 20 19 Appropriating Performance Bond - Roma Lane CPDC 23 20 Amendment to Zoning Map - Harold Avenue PRD CPDC 23 Appendix - Maps Appendix - Capital Improvements Program (Blue Pages) SUBSEQUENT TOWN MEETING (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are,hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road in said Reading, on Monday, November 13, 1995, 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 This is the article under which reports are made to Town Meeting Members. The Finance Committee will be making a report under this article on the progress of Town finances, and on the efforts to improve the budgeting process for the Town. The Board of Selectmen will report to Town Meeting on the status of Town owned Real Estate sales. Additionally, the Police Station Building Committee may be making a report to Town Meeting on the status of determining a site for a new police station. 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 is the article under which instructions are given to Town officers and special committees. There are often instructions that are given during Town Meeting, and these are usually held until the end of Town Meeting after all other articles are completed. The nature of any instructional motions are not usually known before Town Meeting. Bylaw Committee Report - No Report Finance Committee Report - No Report Y ARTICLE 3 To see if the Town will vote to amend the Capital Improvement Program as provided for in Section 7-7 of the Reading Home Rule Charter and as previously amended, i' or take any other action with respect thereto. Rnard of Selectmen Background This article will provide for the amendment to the Capital Improvement Program (CIP) for FY 1996 - FY 2005, which was adopted by Town Meeting on April 10; 1995. Town Bylaws prohibit the expenditure of funds for capital projects unless the project is on the Town's approved capital improvement program. Article 8, the design' of the closure of the landfill, will require an amendment to the CIP because the amount of funds available is different than what was specified in the previously adopted CIP. Additionally, Article 9, the development of the Wood End Cemetery, will require an amendment to the CIP because the project was previously proposed for FY 1997, rather than FY 1.996. The two revised pages (with the changes from the previously adopted plan noted in large bold type) and the revised summary are included in this report as the blue pages. .$300,000 to $200,000 and by moving the project forward from FY 1997 to FY 1996. Line PW-L-1 will be modified by changing the amount of the project from $190,000 to $148,307. The reasons for these changes are fully described in Articles 8 and 9. ARTICLE 4 To see if the Town will vote to authorize the payment during Fiscal Year 1996 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 to be paid, and therefore this article will be indefinitely postponed. Bylaw Committee Report --No Report Finance Committee Report - No Report ARTICLE 5 To see if the Town will vote to amend one or more of the votes taken under Article 14 of the Warrant of the'Annual Town Meeting of April 27, 1995, relating to the Fiscal Year 1996 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 2 C Bylaw Committee Report - No Report ARTICLE S AMENDMENTS TO FY 1996 BUDGET Budget # Description Chanze New budget amount Al Accounting Personal Services - clerical 1995 retro 1,130 89,505 B8 Community Development Personal Services - clerical 1995. retro 319 72,919 C9 Finance Personal Services - clerical 1995 retro 5,135 270,115 D11 Property and Casualty Insurance -40,000 98,975 D12 General Services Personal Services - clerical 1995 retro 1,996 101,472 E10 Human Services Personal Services - clerical 1995 retro 1,508 95,050 Gl Police Personal Services - clerical 1995 retro 591 2,129,591 G1 Police Personal Services 108,600 2,238,191 G2 Police Non-Personal expenses 4,400 187,525 H1 DPW Personal Services - clerical 1995 retro 1,936 80,305 E1 Health Personal Services - weights and measures -1,700 28,637 E2 Health Non-Personal Services - weights and measures 1,700 42,730 J1 School Personal Services - Custodian retro-active payroll 67,000 18,042,000 J2 Vocational School Assessment 24,287 86,722 K14 Capital - Drainage imp. on Haverhill Street at North Reading 28,000 38,000 TOTAL 204,902 Background The FY 1996 budget needs to be amended to provide modifications to several line items in accordance with the schedule above. Labor contract issues, capital construction projects, and budget shortfalls account for the changes. In addition, Town Meeting members need to be aware that there is a potential shortfall in the School Department accounts (a carry-over of the impact of the June 1995 shortfall), but that the School Department is going to try to effectuate any savings possible during the next several months to make the request for a transfer of funds in the spring of 1996 as small as possible. Bylaw Committee Report - No Report Finance Committee Report - By its vote on October 11, 1995 (7-0-0), the Finance Committee recommends the approval of Article 5 in the amounts stated above. The 3 source of funding will be from the tax levy, State Aid, and other non-property tax local receipts. Approximately 40% of the $204,902 increase is due to the completion of y' employee negotiations which has resulted in the ' payment of retro-active salary initial proiections, the Finance Committee recommends using available revenues to fund the budget increase. ARTICLE 6 To see if the Town will vote to establish a revolving fund under Chapter 44 Section 53E 1/2 of the Massachusetts General Law 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, or take any other action with respect thereto. Board of Selectmen Background The Town has received a grant from the DEP in the amount of 50 compost bins, each valued at $32.56 per bin. In accordance with the provisions of the grant, the Town then sold all of the bins at a reduced rate of $20 each, $1 of which went to the State for sales tax. The net proceeds from the sale of the bins, $950 (50 bins X $19 per bin), needs to be set up in a revolving fund so that additional bins can be purchased and then sold to residents. The Town has also applied for an additional grant of bins to expand the number of household compost bins available to our residents. Bylaw Committee Report - No Report Finance Committee Report - The Finance Committee recommends the subiect matter of this Article by a vote of 6-0-0. ARTICLE 7 To see if the Town will vote to authorize the Board of Selectmen and/or Town Manager to enter into a contract with haulers or operators of solid waste collection and/or disposal facilities for the collection, hauling and disposal of refuse, garbage and waste or for the purchase or use of by-products or residue resulting from the operation of such solid waste hauling and disposal facilities; such contract shall be for such period as, agreed upon by the parties and upon such other terms and conditions as agreed upon by the parties and shall be in accordance with the applicable provisions of General Laws Chapter Forty D, Section Twenty-one, General Laws Chapter Forty-four, Section Twenty-eight C or any other applicable enabling authority, or take any other action with respect thereto. Board of Selectmen Background The Town previously secured approval from Town Meeting to establish a contract of greater than 3 years for rubbish disposal. One of the options that the Town has explored is to enter into a long term contract for rubbish collection and disposal, and the collection part of such a contract would require additional approval from Town Meeting. It doesn't appear at this time that the long term combined collection and disposal contract is advantageous to the Town, but it does appear that it may be advantageous to the Town to bid a longer term `collection contract the next time 4 collection and recycling is bid (July 1, 1996). Approval of a motion under this article will allow the Town to solicit rubbish collection bid alternatives that may be advantageous to the Town. Bylaw Committee Report - No Report Finance Committee Report - The Finance Committee recommends the subject matter of this article by a vote of 7-0-0. The FINCOM feels that the flexibility offered could be advantageous to the Town in securing_ the most favorable possible bid price for this very expensive annual expenditure. ARTICLE 8 To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the purpose of developing plans, specifications, and all other things required for the closure of the former Reading Landfill site on Walkers Brook Drive on property known as plat 57 lots 20 -26 and plat 68 lots 7 and 8 on the Tax Assessors' map, such appropriation to include all planning, engineering, testing, and other preparation costs required to complete the purpose of this article, all moneys to be expended under the direction of the Board of Selectmen, or take any other action with respect thereto. Board of Selectmen Background The Town received $148,307 from the State supplemental budget at the end of FY 1995, too late to be appropriated at the Annual or Special Town Meetings in the spring of 1995. The funds have been placed in a special account, awaiting Town Meeting action this fall. The funds are proposed to be used to begin the necessary site assessments and closure plans for the former landfill site. Town staff is in the process of preparing an RFP for consultants to do the necessary work. The $148,307 may not be enough to complete all of the required engineering and site assessment work, but the design process is long 18 months), and this funding will certainly be enough to get the process started. One consultant has suggested that this will in fact be enough to do the entire site assessment and engineering. A DEP consent order regarding the closure is expected soon, and the sooner the Town does the necessary planning work the sooner the Town can proceed with actual closure, taking advantage of Central Artery clay, and other sources of material and/or grants. In order to sell the site, the Town's ultimate goal, the landfill will have to be formally "closed". Town Meeting has previously ordered the land sold, so that the proceeds can be used for capital and other one-time projects, and so that the land can be developed in order to diversify the Town's tax base and generate property taxes. B Iaw.Committee Report - No Report Finance Committee Report - By its vote on October 11, 1995 (7-0-0), the Finance Committee recommends the approval of Article 8 in the amount of $148,307. The source of funds will be from the grant of moneys made by the State. This amount is expected to be sufficient to at least begin, and hopefully complete a comprehensive site assessment and develop closure plans for the landfill within the next eighteen (18) months. 5 ARTICLE 9 To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for design and construction and all other costs associated with the development of the Wood End Cemetery on Franklin Street, or take any other action with respect thereto. Board of Selectmen Background This article proposes the use of Town debt, to be repaid from the cemetery funds, to be used to develop the first and major portion of the new "Wood End" cemetery on Franklin Street. The project was previously approved by Town Meeting, and has been designed by an engineering consultant to the Town, and has been approved by the Conservation Commission and the Board of Health. Full public hearings were held during the process. Construction activity using Town work forces has begun, and the total cost of $200,000 is needed to complete the first phase of the project, including landscaping and placement of markers. This article will allow the first phase of the project to proceed in a whole piece, rather than being an on-going construction site for a number of years. A total of 3000 grave spaces will be created in this phase (a total of 5000 spaces after all construction), and it is expected that $100,000 per year will be generated from sales per year. The Cemetery Division revenues from the sale of lots and from bequest funds will continue to be able to pay for all direct expenses of the Cemetery Division, including the debt service for this project. State law restricts the use of these sale of lots and bequest funds to pay only for cemetery expenses. Brief History of Wood End Cemetery 1. Site Selection a. Search began in 1981 due to restrictions on development at Charles Lawn. b. Trustees recommend Franklin St. c. Site included in Master Plan 1991. d. Land Bank Approval 1993. e. Site Selection Committee appointed at Town Meeting in 1993., f. In 1994 the Site Selection Committee recommended.the. Franklin St. site to Town Meeting and the area was transferred to Cemetery Trustees. 2. Development a. Surveying, engineering and layout supervised by the Cemetery Director with BSC Group'of Norwell - Input from Conservation Administrator. b. Cooperation of Dept. of Public Works and availability of loam and boulders results in rapid progress. c. Reduction of cost estimation from $300,000 to $200,000. d. Received necessary permits from Conservation Commission and Board of Public Health. e. Presented program to Selectmen, Capital Advisory Committee and Finance Committee. 3. Time Frame a. Full development at this time will result in lower cost, more attractive area, and more appeal to potential buyers: b. Work through winter and spring will result in seeding next fall and sales the following year. c. Earlier return on investment and availability of lots to public. t 6 4. Financing With approval of Town Meeting, borrow money to be paid back from income of Sale of Lots and Bequest Fund at no cost to taxpayer. rt Bylaw Committee Report No Repo Finance Committee Report - By its vote on October 11, 1995 (7-0-0), the Finance Committee recommends the approval of Article 9 in the amount of $200,000. The source of funds will be debt which is expected to be repaid over a five year period from proceeds of sale of lots. The Capital Improvement Advisory Subcommittee has also voted to recommend Article 9 (5-0-0). This project was previously in the Capital Improvement Plan for Fiscal Year 1997 in the amount of $300.000. Through the efforts of the Department of Public Works, the cost of this proiect has been reduced to $200,000. The Finance Committee's recommendation is based on the need to begin developing additional burial sites in the Town and a conservative plan to repay the debt incurred without any expected impact on the Town's tax rate. ARTICLE 10 To see if the Town will vote to transfer the care, custody, management and control of the following described land on Oakland Road or portions thereof, from the Reading School Department to the Board of Selectmen for purposes of constructing a Police Station and appurtenant facilities including public safety dispatching, thereon or take any other action with respect thereto: the land shown as Board of Assessors Plat 123, lots 48 through 53; lots 58 through 62; lots 25 through 32; lots 16 through 24; lot 34, and all Town ownership in the rights to Grandview Road, Tower Road, Chestnut Road, Cold Spring Road, or Oakland Road that falls within the perimeters of the above described land. Board of Selectmen Background The Reading Police Station is in desperate need of major renovation and expansion, or of replacement. The project has been on the Town's Capital Improvement Program for a number of years, and this year the Town appropriated funds in the CIP to hire an architect to scope out the cost and best options with respect to the project. The Board of Selectmen created and appointed a Police Station Building Committee with repre- sentation from Town Meeting, the Finance Committee, neighbors, building maintenance personnel, and the Police Department. The Committee has evaluated a number of potential sites, including the site of the existing Police Station, to determine the most feasible location for an expanded or new police station. The current building is approximately 6000 square feet in size, and the minimum size needed for the safe and efficient operation of the Department is 18,000 to 21,000 square feet. Parking is also a major issue, since the site must accommodate parking for shift changes, civilian as well as sworn personnel and visitors. 7 Based on the evaluation of a number of sites, including the former RMLD building on Haven Street, the Cerretani's site on Main Street, the current site on Pleasant Street, and other Town owned sites throughout the community, the Committee has recommended the site on Oakland Road across the street from the Auditorium area of the Reading Memorial High School. The site needs to be determined before the architect can proceed to more firm designs and costing of the project., Based on the recommendation of the Police Station Building Committee, the Board of Selectmen has placed on the warrant two articles for Town Meeting's consideration for the siting of a police station. Article 11 would allow the expansion of the current Police Station onto the adjacent property. This is the only option for the Town to stay on the current site, because the existing site is extremely limited in size. The abutting property owner had previously indicated an interest in selling the property to the Town at some point, but conversations with the owner as recently as October 23 indicate that the neighbor is not willing to sell at this time. Therefore it would be the intent to indefinitely postpone action under Article 11. Additional hearings an public input need to be reviewed prior to making a firm recommendation to Town Meeting on a final site selection for this project. Additionally, the Town's capital plan needs to be reviewed and revised in light of the cost of the project. It is unlikely that this process will have been completed by the time Town Meeting is ready to consider this Article, and therefore it is likely that the Article will be Tabled. The appendix to this report shows a map with the Oakland Road location as proposed. Bylaw Committee Report - No Report Finance Committee Report - No Report ARTICLE 11 To see if the Town will vote to authorize the Board of Selectmen to acquire all or any part of the following described parcels of land in fee or rights of easement therein by eminent domain under the provisions of Chapter 79 of the General Laws of the Commonwealth of Massachusetts and any other enabling authority, or to acquire said parcel of land or any part thereof in fee or rights of easement therein by gift, purchase, or otherwise, for the purpose of expanding and renovating the Police Station and appurtenant facilities including public safety dispatching, and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate to the Board of Selectmen to pay for appraisals of said parcels and to pay for the acquisition of, said parcels of land or rights of easement therein, or to be used for payment of land damages or other costs and expenses of such acquisitions, and to authorize the Board of Selectmen to enter into agreements with private parties or State and Federal agencies for financial and other assistance in conjunction with such acquisition, and to do all other acts and things necessary and proper for carrying out the provision of this vote, or take any other, action with respect thereto: the land shown as Board of Assessors Plat 65, lot 6 , also known as 75 Pleasant Street Board of Selectmen Background This Article will be indefinitely postponed - see background under Article 10. rt Bylaw Committee Report No repo Finance Committee Report - No report 8 ARTICLE 12 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, and/or to amend the votes taken under Article 16 of the Warrant of the Annual Town Meeting of April 10, 1995, or take any other action with respect thereto. Board of Selectmen Background When the Morang Trust was accepted by Town Meeting last spring, the motion did not reflect the exact wishes of the donor. The intent was that the principal of the trust fund be non expendable, and that the trust fund be used only for acquisition of materials. The motion under this article will be to correct the previous acceptance of the trust fund so that it is in accordance with the wishes of the donor. The current balance in the fund is. approximately $2460. Bylaw Committee Report - No report Finance Committee Report - The Finance Committee recommends the subject matter of this Article by a vote of 6-0-0 ARTICLE 13 To see if the Town will amend the General Bylaws by adding the following new section: 5.13 Demolition of Structures of Potential Historical Significance 5.13.1 The purpose of this Bylaw is to preserve and protect historically significant structures within the town which reflect or constitute distinctive features of the architectural, cultural, economic, political or social history of the Town and to encourage owners of such structures to seek out persons who might be willing to purchase, preserve, rehabilitate or restore such structures rather than demolish them. To achieve these purposes, the Reading Historical Commission is empowered to advise the Building Inspector with respect to the issuance of permits for demolition of such historically significant structures. The issuance of demolition permits for such historically significant structures is regulated as provided in this Bylaw. 5.13.2 Definitions 5.13.2.1 Business Day: A day which is not a legal municipal holiday, Saturday or Sunday. 5.13.2.2 Demolition: Any act of pulling' down, destroying, removing or razing a structure or commencing the work of total or substantial destruction with the intent of completing the same. 5.13.2.3 Emergency Demolition: In the event of an imminent danger to the safety of the public, nothing in this Bylaw shall restrict the Building Inspector from immediately ordering the demolition of any structure or any part thereof. 9 5.13.2.4 Potentially Significant Structure: Any structure or a portion of a structure that: a. Is listed on, or is within an area listed on, the National Register of Historic Places, the Massachusetts Historical Register or Historic Places, or is the subject of a pending application for listing on said registers, or; b. Is included in the Historical and Architectural Inventory, as of September 1, 1995, maintained by the Reading Historical Commission or structures for which complete historical and architectural survey forms may be pending as of that date, or; c. Has been determined by an affirmative vote of at least four (4) members of the Commission to be historically or architecturally significant in terms of period, style, method of building construction or association with a significant architect, builder or resident either by itself or as part of a group of buildings, provided that the owner of such a structure and the Building Inspector have been notified in hand or by certified mail at least ten (10) business days prior to such vote. 5.13.2.5 Preferably Preserved Historic Structure: Any historically significant structure which is determined by the Commission to be in the public interest to preserve because of the important contribution made by such structure to the historical and/or cultural resources of the Town. 5.13.2.6 Commission: The Reading Historical Commission.` 5.1.3.2.7 Structure: Materials assembled at a fixed location to give support or shelter, such as a building, framework, wall, tent, reviewing stand, platform or the like. 5.133 Procedures 5.13.3.1 The Commission will provide a listing of Potentially Significant Structures to the Building Inspector. This list is subject to the following criteria and periodic modification: Criteria for Potentially Significant Structures: a. The structure is determined to,be importantly associated with one or more historic persons or events, or b. Is determined to be associated with the broad architectural, cultural, economic or social history of the Town or Commonwealth. c. The structure is defined in' Definition 5.13.2.4 as a Potentially Significant Structure. 5.13.3.2. Upon the 'receipt of application for a Demolition Permit for a Potentially Significant. Structure, the Building Inspector shall immediately forward a copy thereof to the Commission for review. 10 5.13.3.3. Within fourteen (14) days of the date upon which the Commission receives the Demolition Permit, the Commission shall make an Initial Determination that is: a. Positive if the structure is historically inventoried, or in the process of being inventoried or determined by the Commission to have historic significance, or b. Negative if the Initial Determination is negative, the property is no longer subject to this Bylaw, and the Building Inspector may act on the Demolition Permit. 5.13.3.4. If the Initial Determination is Positive, the Commission shall hold a public hearing on the application within twenty-one (21) days of the Initial Determination, and shall give public notice of the time, place and purpose of the hearing in a local newspaper at least fourteen (14) days before said hearing; at least seven (7) days before said hearing, the Commission shall mail a copy of said notice to the applicant, to the owner(s) of all property deemed by the Commission to be affected thereby as they appear on the most recent local tax list, and to such other persons as the Commission shall deem entitled to notice. The Commission may require that the applicant maintain on the structure, which is the subject of a Demolition Permit application, a notice in a form designated by the Commission, visible from the nearest public way, of any hearing on the subject matter of such application. The applicant shall be responsible for costs associated with the mailing, posting or publishing of the required notices. No less than five (5) business days before the public hearing, the applicant shall submit three (3) copies of a demolition plan which shall include the following: a. An Assessor's map or plot plan showing the location of the structure to be demolished on its property with reference to the neighboring properties; b. Photographs of all facade elevations; c. A description of the structure to be demolished; d. The reasons for the proposed demolition and data supporting said reason; e. A brief description of the proposed reuse of the property on which the structure to be demolished is located. 5.13.3.5. If, after the close of such hearing, the Commission determines that the demolition of the Potentially Significant Structure would not be detrimental to the historical or architectural heritage or resources of the 11 Town, the Commission shall so notify the Building Inspector within fifteen (15), business days of the conclusion of the hearing. Upon .receipt of such notification or after the,expiration of the fifteen (15) days, the Building Inspector may act on the Demolition Permit if he has not received notification from the Commission. 5.13.3.6. If the Commission determines that the demolition of the Potentially Significant Structure would be detrimental to the historical or architectural heritage or resources of the Town, such structure shall be considered a Preferably Preserved Historic. Structure. The Commission shall so advise the applicant and the Building Inspector, and a Demolition Permit may be delayed up to six (6) months after the conclusion of the hearing during which time alternatives to demolition shall be considered. The Commission shall offer the owner information about options other than demolition, such as resources in the preservation field, the Massachusetts Historical Commission, the Town Planner, and other interested parties that might provide assistance in preservation, funding and/or adaptive reuse. 5.13.3.7. Responsibility of Owner/Applicant The owner of record shall be responsible for participating in the investigation of options to demolition by actively seeking alternatives with the Commission and any interested parties, by providing any necessary information, by allowing reasonable access to the property, and by securing the premises. 5.13.4. Release of Delay Enforcement Notwithstanding the preceding section of this Bylaw, the Building Inspector may issue a Demolition Permit for a Preferably Preserved Historic Structure at any time after receipt of written advice from the Commission to the effect that either: a. The Commission is satisfied that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase, preserve, rehabilitate or restore such building, or; b. The Commission is satisfied that during the delay period the owner has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the subject structure, and that such efforts have been unsuccessful. Asa condition of, releasing the delay enforcement, the Commission may require the applicant to submit measured drawings or other documentation for the Town's historic records. 12 5.13.5. Emergency Demolition Nothing in this Section shall be construed to derogate in any way from the authority of the Building Inspector derived from Chapter 143 of the General Laws. However, before acting pursuant to that Chapter, the Building Inspector shall make every reasonable effort to inform.the Chairperson of the Commission of his intentions to cause demolition before he initiates same. 5.13.6. Enforcement and Remedies 5.13.6.1. In the event a structure governed by this Bylaw is demolished in violation of this Bylaw, then no building permit shall be issued for the premises for a period of two (2) years after the date of such demolition. As used herein "premises" includes the parcel of land upon which the demolished structure was located and all adjoining parcels of land under common ownership or control. Historical Commission Background The proposed Demolition Review Bylaw will protect historically significant Reading buildings from immediate and needless destruction. Many other Massachusetts towns and cities have recently lost such structures because they did not have a review by-law, which would allow a period of time for the Historical Commission, the property owner, and other interested citizens to identify and pursue reasonable preservation options, including feasible alternatives to demolition. Without this review, the chances are increased that these irreplaceable structures will be irretrievably lost. This Article contains relevant definitions and criteria. It establishes a review procedure for initial screening by the Historical Commission, and if the structure is thereby found to meet the stated criteria, the Commission will hold- a public hearing to determine whether the demolition would be detrimental to the historical heritage or resources of the community. If so determined, the . issuance of a permit for the demolition will be stayed for a period of time not to exceed six months. During this time, the Commission will work with the owner, State and local officials, and other interested citizens, to try to find and implement alternative means for preserving the structure. These alternatives could include finding a new buyer, determining a more historically and economically appropriate use or reuse, or moving the building. If after this period of time no alternative can be put into effect, then the demolition may proceed. Bvlaw Committee Report - The Bylaw Committee recommends this Article by a vote of 5-0-0. The Bylaw Committee feels that the preservation of the Town Historical Structure is important to maintaining the meaning of Reading's past. The proposed Bylaw allows the Historical Commission to monitor and hopefully retain these structures without placing an undue burden on the sellers and possible buyers of the structures. Finance Committee Report - No report Historical Commission Report - Voted unanimously to recommend. 13 ARTICLE 14 To see if the Town will vote to authorize the Board of Selectmen to acquire a temporary construction and permanent drainage easement on, over and/or under all or any part of the land currently believed to be owned by Ann Minotti located at 908 Main Street and shown on Town of Reading Board of Assessors' Rev. Jan. 1, 1989, Plat 123 as Lots 4 and 124A in fee or rights of easement therein by eminent domain under the provisions of Chapter 79 of the General Laws of the Commonwealth' of Massachusetts, or to acquire said interests in said land or any part thereof by gift, purchase, or otherwise, and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate to the Board of Selectmen to pay for appraisals of said property and to pay for the acquisition of said land or rights of easement therein, or to be used for payment of land damages or other costs and expenses of such acquisitions, and to authorize the Board of Selectmen to enter into agreements with private parties or state and federal agencies for financial and other assistance in connection with such acquisition, and to do all other acts and things necessary and proper for carrying out the provisions of this vote, or take any other action with respect thereto. Community Planning and Development Commission Background In the course of reviewing a subdivision in the vicinity of the referenced property, CPDC was told by several neighbors that the drainage in the area has been adversely affected by obstructions on this property. In particular, a pipe under Main Street drains several properties on the easterly side of the street into this property, and the pipe outlet has been obstructed. This has caused serious flooding, erosion, and sinkholes on these other properties. The Town does not have a drainage easement on this property, and previous attempts by the Town to clear the obstructions and to maintain the drainage flow have therefore been stymied. Additionally, on at least two occasions, in May 1987 and in November 1989, the property owner has been cited by the Conservation Administrator and the Director of Public Works for filling and blocking the drainage channel. It should be emphasized that this Article calls only for the acquisition of an easement, not property title. While as of the date of this writing, the exact extent of the needed easement have not yet been finalized, and therefore an acquisition cost estimate has not been completed, the easement is proposed to be of the minimum size necessary to allow for drainage management and it would be located only in wetland parts of the property which cannot be developed. Thus, there is expected to be no loss to the owner of legally usable property, and no detriment to the owner's property value. Bylaw Committee Report - No report Finance Committee Report - Action pending CPDC Report - Action "pending ARTICLE 15 To see if the Town will vote to amend the Reading Zoning By-Laws by amending Paragraph 6.2.3.2.d.(2) by adding the word` "generic" after the phrase "establishment and the" and before the phrase "type of goods and services" and by adding the words not including brand names, corporate names, trademarks, logos, symbols, or other particular identification relative to specific goods or services," after the phrase "type of goods or services it offers" and before the phrase "shall be displayed", so that said paragraph shall read as follows (added language underlined boldface): 14 "(2) Permanent signs shall.be of a durable material, such as wood, metal, plastic, neon tubes, decals, or paint, and shall be displayed only on the interior side of the surface of a window and door, provided that no lettering contained in such sign shall exceed six inches in height and that only the name of the establishment and the eneric type of goods or services it offers, not including brand names, corporate names, trademarks, logos, symbols, or other particular identification relative to specific goods or services, shall be displayed or may state "OPEN";" no such sign shall be internally illuminated except for those of neon tubes and these shall not be illuminated except during hours of operation of the business; no such sign shall require a permit;" or take any other action with respect thereto. Community Planning and Development Commission Background Because .of an alleged lack of clarity in the By-Laws, one Magistrate in Woburn District Court dismissed a case involving a neon window sign which stated a brand name. In this light, this amendment is offered in order to provide clarification of the original intent of CPDC regarding these provisions of the Sign By-laws. Bylaw Committee Report - The Bylaw Committee recommends this Article by a vote of 5-0-0. The proposed change in the Bylaw clarifies the wording of a section of the Bylaw that has been stated by the Court to be vague. The Bylaw Committee feels that the proposed change accomplishes this purpose. . Finance Committee Report - No report CPDC Report - Action pending ARTICLE 16 To see if the Town will vote to amend Section 7.2.2. of the Reading Zoning By-Laws by adding at the end thereof the following new sentence, or take any other action with respect thereto: "The provisions of this Section 7.2.2. shall equally apply to the record owner of the real property upon which a violation of this By-Law occurs regardless of who caused or committed such violation." Community Planning and Development Commission Background In at least one case in which a property owner was ticketed for a Zoning violation, the case was dismissed by a Woburn District Court Magistrate because the violation was committed by a tenant, and the Magistrate maintained that because our By-Laws do not specify that the owner is responsible, we could not enforce a tenant's violation against the owner. Town Counsel affirms, the Magistrate's ruling notwithstanding, that State Law is clear that the property owner is to be held responsible for zoning compliance in all respects. This amendment would simply clarify in the Zoning By-laws what is provided by State Law with regard to responsibility for compliance. Bylaw Committee Report - The Bylaw Committee recommends this Article by a vote of 5-0-0. This provision makes it clear that the Zoning By-Law applies not only to tenants but also to owners. Finance Committee Report - No report - CPDC Report - Action pending 15 ARTICLE 17 To see if the Town will vote to amend the Reading Zoning By-Laws relating to Communication Facilities and Communication Structures as follows: 1. Amend Section 2.2.7. "Communication Facility" by adding at the beginning thereof the words "a building containing" and adding after the word "exchanges," and before the word "similar" the phrase "enclosed electronic communications apparatus," so that said Section shall read: "2.2.7. COMMUNICATION FACILITY: a building containing telephone and telegraphic exchanges, enclosed electronic communications apparatus, similar facilities, and offices. 2. Add the following new Sections: "2.2.7.1. COMMERCIAL COMMUNICATIONS STRUCTURE: a tower, antenna, dish, or other free-standing structure (as defined in the State Building Code), together with any related ancillary building(s)), used for the transmission and/or reception of radio or electronic communication signals for commercial purposes. 2.2.7.2. PRIVATE COMMUNICATIONS STRUCTURE: a tower, antenna, dish, or other free-standing structure (as defined in the State Building Code), together with any related ancillarybuilding(s)), used for the transmission and/or reception of radio or electronic communication signals for private or non-commercial purposes." 3. Amend Section 4.2.2. Table of Uses so that "Commercial Communications Structures and Private Communications Structures over one hundred feet in height shall be listed directly beneath "Communication Facilities" and shall be designated as "SPA***" in the Residential S-15, Residential S-20, Residential S-40, Residential A-80 Districts, and designated as "SPA" in Business C and Industrial Districts; that the word "no" be placed in reference thereto in respect to every other` District; and that the following be placed at the end of said Table 4.2.2.: "***May be permitted only within a State-owned Interstate Highway right=of-way." 4. Amend Section 422. Table of Uses so that "Private Communications Structures of not more than 100 feet in height" shall be listed under the heading "Accessory Uses" and be listed as "yes" in all Zoning Districts. 5. Add new Section 4.3.2.9. as follows: "4.3.2.9. COMMUNICATIONS STRUCTURES 4.3:2.9.1. Private Communications Structures: A Private Communications Structure, of not more than one hundred feet in height, may be erected provided that a building permit therefor is first obtained and provided: a. That the following setback and locational requirements have been complied with: (1) The structure shall be ground-mounted only, (2) The structure shall be located only in the rear yard of the property, 16 (3) No structure shall be more than one hundred feet in i height above the finish grade directly below, except that no dish antenna shall be more than eighteen feet in height above the finish grade directly below, (4) For purposes of public safety, no structure shall be erected nearer to any property line than a distance equal to one-half the vertical height of the structure, inclusive of appurtenant devises measured at the mean finish grade base of the structure. b. That all applicable state and federal licenses and approvals have been obtained, c. That the structure is located and screened, fenced, or otherwise provided with effective safety devices which prohibit unauthorized access near or onto the structure, d. That such structure and its emissions shall be fully in compliance with all applicable State and Federal requirements, e. That the installation fully conforms with structural and safety requirements of the State Building Code, f. That no sign other than required safety warning signs shall be mounted on the structure, 4.3.2.9.1.1. Expiration of Permit: i Any building permit obtained for such private communication structure shall be valid only for the owner of record of the property at the time the application for such permit is made, and such permit shall cease to be valid whenever the ownership of the property shall change; such building permit shall not be transferable with the property. The subsequent owner shall either apply for and receive a new building permit for the continuation of the structure or shall remove the structure, according to a demolition permit applied for and issued, within three months of the transfer of ownership of the property. 4.3.2.9.2. Special Permit for Communications Structures: No Commercial Communications Structure, whether itself a principal use of a lot or as an accessory use to a Communication Facility, and no Private Communications Structure over one hundred feet in height, shall be constructed without a Special Permit having been granted by the Board of Appeals. The Board of Appeals may grant a Special Permit, in accordance with Section 7.3., for such a communications structure, provided that the Board determines that the following criteria have been fulfilled: a. If located in a Residential S-15, S-20, S-40 or A-80 District, the communications structure shall be located only in a State-owned Interstate Highway right-of-way; 17 b. For purposes of public safety, no ground-mounted communications structure shall be erected nearer to any boundary line of the property on which the structure is located than a distance equal to half the vertical height of the structure, inclusive of appurtenant devises as measured at the mean finish grade of the base of the structure; c. For purposes of public safety, no roof-mounted communications structure shall be erected nearer to any boundary line of the property on which the structure is located than a distance equal to half the vertical distance between the roof level of the building on which the communications structure is directly mounted and the top of the communications structure, inclusive of appurtenant devises; any such communications structure mounted on the roof shall be properly secured according to State Building Code and shall be screened from view from, any public way or abutting property; any such communications ,structure mounted upon another structure, such as a tank, tower, or other non-habitable structure, shall conform to the provisions of this paragraph; d. All applicable state and federal licenses and approvals have been obtained; e. The communications structure is located and screened, fenced, or otherwise provided with effective safety devices which prohibit unauthorized access near or onto the structure; f. If such communications structure is able in whole or in part to transmit or re-transmit signals, appropriate state and,federal officials shall have certified in, writing that such structure or its type, will not cause interference with electronic or electromagnetic devises located on any other property; g. The application for Special Permit shall be accompanied by an application for a Building Permit, with engineering certification that the installation will conform with structural and safety requirements of the Building Code, and by certification of the applicant that the structure will be properly dismantled following one year of continuous disuse of the structure or upon failure of the owner to comply with Paragraph 4.3.2.9.2A.a. below, h. No signs other than required safety warning signs shall be mounted on the structure.-, 4.3.2.9.2.1. A Special Permit for any communications, structure shall remain valid only under the following conditions: a. The owner of such structure shall notify the Building Inspector in writing by the end of each calendar year that the structure is in 18 good operating and safety condition and is still in use; failure to do so will result in immediate termination of the Special Permit. b. The ownership of such structure or of the land on which such structure is located has not changed. The Special Permit for any such structure is not transferable, and if ownership of the property or the structure is changed without the new owner obtaining a new Special Permit, the structure shall immediately be removed. 4.3.2.9.3. Exception: A dish for purposes of reception only shall not be subject to the provisions of Section 4.3.2.9. provided that such dish is not larger than eighteen inches in diameter. 4.3.2.9.4. Nonconforming Communications Structures: Any communications structure which was erected prior to November 13, 1995 and which does not conform to the provisions of Section 4.3.2.9. shall be removed or be altered so as to conform with said provisions not later than July 1, 2005, or take any other action with respect thereto. Community Planning and Development Commission Background The impetus for this Article is two-fold: 1, A Town Meeting Member requested CPDC to consider the subject because it is a matter which poses potential hazards to the public and to private property owners but which is not now regulated; and 2. The Community Development Department has been increasingly receiving inquiries and proposals from cellular telephone companies which are building communications systems in the region; in particular were two proposals this past spring and summer - one for a 110-foot cellular tower, and the other for a 180-foot cellular tower. 3. The Article proposes to add definitions of commercial and private (non-commercial) communications structures and to amend the existing definition of Communications Facility in order to make it clear that it is a building, such as a telephone exchange, and not a tower or other wireless transmission or reception structure. The Article also amends Section 4.2.2. Table of Permitted Uses to specify in which zoning districts and under what review procedure each type of facility or structure would be allowed. The Article then sets up two sets of standards and review procedures, one for private non-commercial communications structures, and the other for commercial ones. Private structures of not more than 100 feet in height would be allowed by right so long as they complied with the standards set forth in Section 4.3.2.9.1., having to do with ( setbacks, type of mounting, security devises, and compliance with Building Code and State and Federal standards. In order to ensure that a structure is not neglected after 19 ceasing to be used and therefore allowed to deteriorate into an unsafe condition, the validity of the building permit is tied to continuance of ownership. Private non-commercial structures over 100 feet in height and all commercial structures would be allowed only by Special Permit considered in public hearing by the Zoning Board of Appeal according to criteria set forth in Section 4.3.2.9.2., having to do with setbacks, type of mounting, security devises, and compliance with Building Code and State and Federal standards. In order to ensure that a structure is not neglected after ceasing to be used and therefore allowed to deteriorate into an unsafe condition, the validity of the Special Permit is tied to continuance of ownership, and the owner is required to certify annually that the structure is in continued use and remains in good condition. Exempt from all of these provisions are receiving dishes of eighteen-inch diameter or less. Communications structures which do not conform to the provisions of this proposed Bylaw would be "grandfathered" until July 1, 2005. Bylaw Committee Report - Action Pending Finance Committee Report - No report CPDC Resort - Action Dendina ARTICLE 18 To see if the Town' will vote to amend the Reading' Zoning By-Laws by adding thereto Section 4.9.3.1.1. which shall read as follows: "4.9.3.1.1. Alternative Procedure: As an alternative to the provisions of Sections 4.9.3.3., 4.9.3.5., 4.9.3.7, 4.9.3.8, and 4.9.3:11, a Developer may elect to follow an alternative process as specified below: a. The Developer shall submit a Request for Determination to the Reading Conservation Commission according to Massachusetts General Laws, Chapter 131, Section 40 and Reading General Bylaws, Section 5.7.,` and obtain a Determination of Applicability relative to the proposed site, including an 'official delineation of any wetlands contained on the site, such delineation to be accurately depicted on development plans subsequently submitted for the site. b'. Subsequent to such Determination of Applicability, the Developer shall request in writing that a joint public meeting of the`CPDC and the Conservation Commission be held with the Developer to review the Developer's proposed development. The Developer shall supply such written and graphic material, in twenty copies, as fully to explicate the intended development concept, together with potential alternative options, including number, location, and height of buildings, vehicular and pedestrian circulation, parking, landscaping, open space; drainage control, wetlands protection, off-site improvements, and any other features relevant to development concept. Within thirty-five days of such a request, the CPDC and the Conservation Commission shall hold at least one session of a joint public meeting with the Developer to discuss the 20 development concept and the options, issues, concerns, and other matters relative to the proposal. Particular attention shall be paid to: (1) Obtaining input from both Commissions simultaneously, (2) Identifying concepts, options, and approaches relative to the development, potentially acceptable to both Commissions within their respective purview, authority, and responsibilities, (3) Reviewing mitigation measures which meet the concerns of both Commissions. The Developer is hereby put on notice that the more detailed and explanative the material presented at this meeting is, the more valuable toward the final plans the Commissions' input will be. The Commissions shall be bound to their input at this meeting only to the extent that resulting final plans are consistent with the materials presented at this meeting and the input provided by the Commissions relative thereto. c. Within sixty-five days of the filing by the Developer of a complete Final PUD Plan, the CPDC shall hold a public hearing to consider issuance of a Special Permit to construct a PUD. The Final PUD Plan shall be a definitive plan of the development and contain' such information as specified in Section 4.9.3.10. Approval of the Special Permit shall be granted upon determination by the CPDC that the Final PUD Plan conforms with and meets the requirements, standards, and guidelines set forth in Sections 4.9.4. and 4.9.5. in a manner consistent with the concept presented and the Commissions' input received according to Paragraph 4.9.3.1.1.b. The Special Permit may be granted with conditions, or not granted, or granted by inaction, according to Section 4.9.3.12. The Final PUD Plan may include application for approval of a proposed subdivision of the site in accordance with the Rules and Regulations Governing the Subdivision of Land in Reading. A separate endorsable Definitive Subdivision Plan meeting the requirements of said Rules and Regulations may be included as part of the Final PUD Plan documents, and the public hearing for consideration of such subdivision plan shall be held by CPDC concurrent with the Special Permit public hearing referenced above. At the Developer's election, the Conservation Commission shall hold at least one session of a public hearing simultaneously with the CPDC Special Permit public hearing referenced above, for considering the Developer's Notice of Intent relative to the proposed PUD development. The hearing shall be scheduled mutually between the CPDC and the Conservation Commission. The request for such simultaneous public hearing must be accompanied by or preceded by a complete Notice of Intent submission and all relevant application fees in accordance with Massachusetts General Laws, Chapter 131 Section 40 and Reading General Bylaws, Section 5.7. The Conservation Commission may at its discretion continue sessions of its public hearing to or deliberate an Order of Conditions at places and times independent of the CPDC 's public hearing or meetings or take any other action with respect thereto. Community Planning and Development Commission 21 Background The Board of Selectmen requested that CPDC and the, Conservation Commission work together to devise an alternative and more streamlined review process, within the confines of applicable State Law and local by-laws,, for Planned Unit Developments which are allowed in the Industrial Zoning District, and particularly for the Reading Business Park (the former landfill). The intent of this Article, which was formulated through meetings held between the Selectmen and CPDC, and the Conservation Commission and CPDC, is to allow a method by which: 1. Review time frames can be shortened, 2. Direct communication between both Commissions, the public, and, the developer can be increased, 3. Potential development options can be considered in terms of mutual acceptability to both Commissions, 4. Any potential conflicts can be identified and resolved expeditiously, 5. Clarity and convenience in accommodating concerns on the part of the public and of abutters can be improved. The proposal is for an alternative review and approval process. The regular traditional process already contained in the Bylaw is retained, and may still be used. The proposed alternative process specified in this Article would be utilized at the developer's choice. Its steps would be as follows: 1. Request for Determination by the Conservation Commission this is necessary for delineating the extent and location of wetlands and required wetlands protection buffer areas; 2. A joint public meeting with both Commissions to review the detailed development concept and to identify and resolve potential development options; the equivalent steps in the regular process are a Pre-Development Conference with CPDC only and a Preliminary Plan with CPDC only; 3. A public hearing conducted by CPDC to review the Final PUD Plan. This hearing may also include review of any subdivision plan for the site, a step which is separate under the traditional procedure. Additionally, if the developer complies with submission and timing requirements, then the Conservation Commission's public hearing on the Notice of Intent (NOI) can, at the developer's choice, be held jointly with 'this CPDC Final Plan hearing. Both Commissions may - then continue subsequent sessions of their public hearings separately. Town Meeting members should be aware that one sentence of the Article was inadvertently included in the Article, and the motion will reflect the elimination of the sentences: "The DevelepeF is heFeby put on nGtiGe that the more detailed and explaRative the. mOAeFoal presented,at this meeting is, the FnaFe valuable toward the fiRal plans the Gommissions' input will be. The Commissions shall'be beaund to theiF iRput at this meeting only to the extent that FesultiRg final plans aFe Gensistent w ,tznfnr1 at this meeting and the input provided by-the- 22 Bvlaw Committee Report - The Bylaw Committee recommends this Article by a vote of 5-0-0 The proposed change provides the option for a developer to shorten the time cycle needed for the approval cycle without incurred risk. The Bylaw Committee feels that this is a useful addition to the By-law and is so structured that either the CPDC of the Conservation Commission retains ultimate control. The Bylaw Committee also feels that the proposed change will allow the public to follow the approval process with greater ease. Finance Committee Report - No report CPDC Report - Action pending ARTICLE 19 To see what sum the Town will raise by borrowing or from the tax levy, or transfer from available funds or otherwise and appropriate for the purpose of completion of subdivision roadway and right-of-way work and for correcting damage to adjoining Town-owned lands in connection with the Carriage Estates Phase I (Roma Lane) subdivision, in accordance with Massachusetts General Laws Chapter 41, with the Rules and Regulations Governing the Subdivision of Land in Reading, with conditions of approval dated November 5, 1991 of Definitive Plans for said subdivision, and with a Covenant Agreement dated October 19, 1992 executed to the benefit of the Town of Reading by the Saugus Bank and Trust Company and Sanborn Realty Trust pursuant to said Rules and Regulations and to said General Laws, such funds to be expended by and under the direction of the Board of Selectmen, or take any other action with respect thereto. Community Planning and Development Commission Background i This matter has to do with debris and oil deposited, trees cut, and stonewalls not replaced on the adjoining Town Forest and Dividence Road School lands; the developer has not responded to Town appeals to take care of these matters. Town Forest Committee has been asked to supply CPDC with an itemized list of these things, and they are working with Engineering and the Tree Warden on such a list and on a cost estimate. This Article would appropriate bond funds held for completion of the subdivision so that they may be used by the Town, subsequent to a vote by CPDC to seize these funds, for rectifying these matters. Bylaw Committee Report - No report Finance Committee Report - Action Pending CPDC Report - Action Pending ARTICLE 20 To see if the Town will vote to amend the Reading Zoning Map by placing a Planned Residential Development--General (PRD-G) Overlay District on property located at 19 Harold Avenue identified as Parcel 2 on Board of Assessors Plat 155, or take any other action with respect thereto. Community Planning and Development Commission Background With the endorsement of the owner of the property at 19 Harold Avenue, a developer has requested that this Article be placed on the Warrant in order to provide the option of developing the property as a Planned Residential Development instead of as a 23 conventional subdivision. The property has the same potential for development, and the same density limitations, whether developed as a PRD or as a subdivision. If this , Article is passed, the developer would then have to follow the following Public Hearing review process before, any development could take place: Request for Determination by the Conservation Commission Preliminary PRD Plan Review by CPDC Final PRD Plan Review by CPDC Notice of Intent Review by the Conservation Commission. Bylaw Committee Report - The Bylaw Committee recommends this Article by a vote of 5-0-0. The Bylaw Committee feels that the proposed property has all the characteristics of what the PRD-G was designed for. Finance Committee Report - No report CPDC Report - Action pending and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than, fourteen (14) days prior to November 13, 1995 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 Cleric at or before the time appointed for said meeting. Given under our hands this 10th da of October, 1995. I" v Sally oyt Geor V. Hines _ r Caml e . Anthony Daniel A. Ensminger' Bruce acDonald SELECTMEN OF R DING 24 ARTICLES - • ARTICLE 19 1 D TICLE 20 i~ D~ N , z ARTICLE 9 ARTICLE 10 ARTICLE 14 Lle~ C~l 4ZI SALEM ST. 6ARTICLE 11 ARTICLE 8 z~ J v ~ ~ D AVE• TOWN OF READING MIDDLESEX COUNTY MASSACHUSETTS PREPARER RY TRR BOARD OF PUBLIC WORKS loop, ~MLrl A Ad ENGINI:EItING DIVISION 5 90 ' NKUN FRA S1REE7 _ rd ARTICLE 9 E,1, E~ a i ^^1i~\ 11 10 ' 1 I ~Iat/ 1 t( 't(I 1 z t • 9 o r r sk ^ y 4 A , a a,. ~~4 1 $ 3 Y d \ ~ c, } +G •F ' `C l ~ ! v sx ~ Sd ~ ~ ' ' t` , ' ` ..I am( 6. g . , ~ ~ ' t- ~ y g f I i /'n \ ~ G e y R ; / , 1 I 1 , 1 d 1LI~i Ip~•~•_, y ~ ~1 a l~ ° r ; p ~~=y °,{'2 ARTICLE 10 1 1 i I I ~ 1 ~.__._.._....I N t N i f it d GC,. 2 i M 1 11 fn i M r I 4fQO S I I r~' 07 r I ~~W r r M N i d1 1 , Hj 1 0. _ 1 V N N; M 1 i ~~8 1 c r 1 1 - - 1 I 1 ,o Rp. 04 i y Of N ,..^S O` yr, V~Et„t,.tNp rOr• a w j (MD 101.11 M` o '`""<o o N o 4 m N Ir N. 01 m r o~ 04 lk Q 1 ~i ILf 4r. tA Al m P o b b 0 m rr. p ao . rn • P r• v. 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