HomeMy WebLinkAbout1990-11-13 Subsequent Town Meeting Warrant ReportIN
TABLE OF CONTENTS
WARRANT - Subsequent
Town Meeting
November 13,1990
Article Title
Sponsor
page
1
Reports
Bd of Selectmen
1
2
Instructional Motions
Bd of Selectmen
1
3
Amend Capital Improvement Program Bd of Selectmen
2
4
Amend Art. 5.7, Sec. 5.7.1 of
the Gen. Bylaws - Wetlands
Conservation Comm.
2
5
Amend Art. 5.7, Sec. 5.7.2 of
the Gen. Bylaws - Wetlands
Conservation Comm.
4
6
Amend Art. 5.7, Sec. 5.7.3 of
the Gen. Bylaws - Wetlands
Conservation Comm.
4
7
Amend Art. 5.7, Sec. 5.7.4 of
the Gen. Bylaws - Wetlands
Conservation Comm.
5
8
Amend Art. 5.7, Sec. 5.7.5 of
the Gen. Bylaws - Wetlands
Conservation Comm.
6
9
Amend Art. 5.7, Sec. 5.7.7 of
the Gen. Bylaws - Wetlands
Conservation Comm.
8
10
Amend Art. 5.7, Sec. 5.7.8 of
the Gen. Bylaws - Wetlands
Conservation Comm.
9
11
Amend Art. 5.7, Sec. 5.7.11 of
the Gen. Bylaws - Wetlands
Conservation Comm.
9
12
Amend Art. 5.7, Sec. 5.7.15 of
the Gen. Bylaws - Wetlands
Conservation Comm.
10
13
Amend Art. 5.7, Sec. 5.7.15 of
the Gen. Bylaws - Wetlands
Conservation Comm.
10
14
Amend Art. 5.7, Sec. 5.7.16 of
the Gen. Bylaws - Wetlands
Conservation Comm.
11
15
Amend Section 4.3.3.1 of the
Zoning Bylaws - Site Plan
CPDC
11
16
Amend Section 2.2.13 of the
Zoning Bylaws - Frontage
CPDC
13
17
Amending Section 5.4 of Gen.
Bd of Health
14
Bylaws - Wells
18
Accept provisions of Gen. Laws
Chap. 32B, S9E - Insurance
Bd. of Selectmen
15
19
Repurchase of Cemetery Lots
Bd of Cem. Trustees
15
20
Offering Surplus Property to
Bd of Selectmen
16
Non - Profit Organizations
21
Amend Bylaws Art. 3 to Establish
Bylaw Committee
17
Land Advisory Comm.
22
Amend Bylaws Sec. 2.1.8 on
Bylaw Committee
18
Land Advisory Comm.
23
Authorizing Expenditure of
Bd of Selectmen
18
Chap. 90 (Highway) Funds
without appropriation and
subject to reimbursement
24
Accepting an Easement for
Bd of Selectmen
19
Drainage - Summer Ave.
25
Approval of Renovations to
Bd of Selectmen
20
the Senior Center
(continued)
TABLE
WARRAN
Article Title
26 Approval School
27 Funding Special
Debt Exclusion
OF CONTENTS - (continued)
P - Subsequent Town Meeting
November 13, 1990
Sponsor page
Building Proj. School Committee 21
Election - Bd of Selectmen 23
APPENDIX
Article 4 - Brochure "The Wetlands Protection Act" 25
- "History and Scope," etc. 27
Article 26 - School Department Background 28
I
i W� 1 t
t - Reading's Town Meeting is conducted in accordance with the rules set down in Article 2 of the Charter. 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 that 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 Meet-
ing in spring which is primarily for fiscal matters
and acceptance of the annual budget, and the Sub-
sequent Meeting in November. Special Town
Meetings may be called at any time that the need
arises.
• There are three main committees which review cer-
tain articles and advise Town Meeting of their
recommendations:
Finance, for all expenditures of funds, By -Law for all
by -law changes and the Community Planning and
Development Commission for all zoning changes.
Their reports are given prior to discussing the motion.
( GENERAL RULES OF PROCEDURE
The meeting is conducted through the warrant ar-
ticles 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.
• 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 permis-
sion 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.
PRINCIPAL MOTIONS ENCOUNTERED
AT TOWN MEETING
The following motions are the principal ones used in
( most cases by Town Meeting to conduct its business.
Experience shows that the members should be
familiar with these.
i.
• Adjourn Ends the sessions, can be moved at any
time.
• Recess Stops business for a short time, generally to
resolve a procedural question or to obtain informa-
tion.
• 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 amend-
ments should they wish to be presented.
Amend Offers changes to the main motion. Must
be in accordance with the motion and may not sub-
stantially alter the intent of the motion. In accord-
ance 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.
. The maker of any proposed multiple motion shall
make their intent known, and the content of the mo-
tion to be offered shall be conveyed to the
Moderator — prior to the initial calling of the War -
rant article.
• Once an affirmative vote has been taken on the mo-
tion then on the floor — no further subsequent al-
ternative 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 mo-
tion that is on the floor.
You also have the ability to move for Reconsidera-
tion.
METHOD FOR HANDLING THE
ANNUAL BUDGET
The annual budget, or similarly a lengthy bylaw, will
be handled by the parliamentary procedure called
"Consideration by Paragraph, or Seriatim." This is
recommended in Robert's Rules of Order for a long
motion consisting of sections which can be discussed
separately but which are so interrelated that action on
a subsequent section may affect the action taken on a
previous one.
Consideration by paragraph allows that an earlier sec-
tion may be adjusted to fit a change in a later section
without going through the motion of reconsideration.
The procedure is that each individual section, or
separate motion if so made under one warrant article,
is opened to debate and may be amended with a vote
taken on any such amendment(s) at the time. No vote,
however, is taken on the section itself until all sections
have been considered.
Following debate on the last section, the chair opens
the entire article, budget or bylaw, to amendment. At
ii.
this point any section may be amended as needed.
Then the entire article is acted upon in a single vote.
TOWN OF READING BY-LAWS
Re: Town Meetings
ARTICLE I
Section 1. The Annual Town Meeting shall be held on
the third Monday preceding the second Monday in
April of each year for the election of Officers and for
such other matters as required by law to be deter-
mined by ballot.
Section 2 All business of the Annual Town Meeting,
except the election of such officers and the determina-
tion of such matters as required by law to be elected
or determined by ballot, shall be considered at an ad-
journment of such meeting to be held at 7:30 P.M. on
the second Monday in April except if this day shall fall
on a legal holiday, in which case the meeting shall be
held on the following day, or at a further adjournment
thereof. A subsequent Town Meeting shall be held on
the second Monday in November to consider and act
on all business as may properly come before it, except
the adoption of the annual operating budget, except if
this day shall fall on a legal holiday, in which case the
meeting shall be held on the following day.
Section 3. The polls for the Annual Town Meeting
shall be opened at 7:00 A.M. and shall remain open
until 8:00 P.M.
Section 4 Adjourned sessions of every Annual Town
Meeting after the first such adjourned session
provided for in Section 2 of this Article, and all ses-
sions 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 unless a resolution to adjourn
to another time is adopted by a majority vote of the
Town Meeting Members present and voting.
Sect—ion 5.. The Board of Selectmen shall give notice of
the Annual and subsequent Town Meeting by causing
an attested copy of the Warrant calling the same to be
posted in at least three (3) public places in each
precinct of the Town not less than fourteen (14) days
prior to each meeting and either by causing such at-
tested copy to be published at least fourteen (14) days
prior to the time of holding such meeting, in a
newspaper published in 'the Town or by mailing an at-
tested copy of said Warrant to each Town Meeting
Member at least fourteen (14) days prior to the time
of holding said meeting.
Section 6. The Board of Selectmen shall give notice
of each Special Town Meeting by causing an attested
copy of the Warrant calling for same to be posted in
at least three (3) public places in each precinct of the
Town not less than fourteen (14) days prior to each
meeting, and either by causing such attested copy to
be published at least fourteen (14) days prior to the
time of holding such meeting, 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.
Section 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 sub-
stituted. All articles for the subsequent Town Meet-
ing shall be submitted to the Board of Selectmen not
later than 8:00 P.M. on the fourth Tuesday of Septem-
ber of the year for 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 The Board of Selectmen, after drawing a
Warrant for a Town Meeting, shall immediately
deliver a copy of such Warrant to each member of the
Finance Committee, the Community Planning &
Development Commission and the By -Law Commit-
tee.
Conduct of Town Meetings
ARTICLE II
Section 1. In the conduct of all Town Meetings the
following rules shall be observed:
Rule 1 All articles on the Warrant shall be taken up
in the order of their arrangement in the Warrant un-
less other wise decided by a majority vote of the Mem-
bers present and voting.
Rule 2 Every person shall stand when speaking, shall
respectfully address the Moderator, shall not speak
until recognized by the Moderator, shall state his
name, shall confine himself to the question under
debate and shall avoid all personalities.
Rule 3 No person shall be privileged to speak or make
a motion, until after he has been recognized by the
Moderator.
Rule 4 No Town Meeting Member or person shall
speak on any question more than ten (10) minutes
without first obtaining the permission of the meeting.
Rule 5 No speaker at a Town Meeting shall be inter-
rupted except by a Member making a point of order
or privileged motion or by the Moderator.
Rule 6 The Moderator shall decide all questions of
iii.
order subject to appeal to the meeting, the question
on which appeal shall be taken before any other.
Rule 7 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 ap-
point 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 8 All original main motions having to do with the
expenditure of moneyshall be presented in writing and
all other motions shall be in writing if so directed by
the Moderator.
Rule 9 No motion shall be received and put until it is
seconded. No motion made and seconded shall be
withdrawn if any Member objects. No amendment
not relevant to the subject of the original motion shall
be entertained.
Rule 10 When a question is under debate no motion
shall be in order except (1) to adjourn, (2) to lay on the
table or pass over, (3) to postpone for a certain time,
(4) to commit, (5) to amend, (6) to postpone in-
definitely, (7) to fix a time for terminating debate and
putting the question, and the aforesaid several mo-
tions shall have precedence in the order in which they
stand arranged in this Rule.
Rule 11 Motions to adjourn (except when balloting
for offices, and when votes are being taken) shall al-
ways be first in order. Moves to adjourn, to lay on the
table and to take from the table'shall be decided
without debate.
Rule 12 The previous question shall be put in the fol-
lowing 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 immediate-
ly 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 13 The duties of the Moderator and the conduct
and method of proceeding at all Town Meetings, not
prescribed by law or by the Rules set forth in this Ar-
ticle, 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.
Rule 14 All committees shall be appointed by the
Moderator unless otherwise ordered by a vote of the
Members present and voting.
Rule 15 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.
Rule 16 A majority of the Town Meeting Members
shall constitute a quorum for doing business.
Rule 17 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.
Section 2. It shall be the duty of every Town Officer,
and the duty of every elected or appointed Town
Board or Committee by a member thereof, to be in at-
tendance at all Town Meetings for the information
thereof while any subject matter is under considera-
tion affecting such Officer, Board or Committee.
Sections, All Committees shall report as directed by
the Town Meeting. If no report is made within a year
after the appointment, the Committee shall be dis-
charged unless, in the meantime, the Town Meeting
grants an extension of time.
Section 4. A motion to reconsider any vote must be
made before the final adjournment of the meeting at
which the vote was passed, but such motion to recon-
sider shall not be made at an adjourned meeting un-
less 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 ad-
journment of such session. There can be no recon-
sideration of a vote once reconsidered, or after a vote
not to reconsider. No article in the warrant shall again
be taken into consideration after it has been disposed,
of unless ordered by a vote of two- thirds (2/3) of the
votes present.
The foregoing provisions relating to motions to recon-
sider shall not apply to any such motion made by the
Board of Selectmen and authorized by the Town
Moderator as necessary for the reconsideration of ac-
tions previously taken by Town Meeting by reason of
state or federal action or inaction or other circumstan-
ces not within the control of the Town or Town Meet-
ing. 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 of the votes present.
00
Section 5. Notice of every vote to be reconsidered at
an adjourned town meeting shall be posted by the
Town Clerk in two conspicuous public places in each
precinct of the Town as soon as possible after adjourn-
ment, and he shall, if practicable, at least one day
before the time of the next following session of said ad-
journed 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.
Section 6. 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 in-
habitant shall speak on any question more than five
minutes without leave of the Town Meeting. In-
habitants shall be given the privilege of speaking at
Town Meetings only after all Town Meeting Members
who desire to speak upon the question under con-
sideration have first been given an opportunity to do
so. Officers and Board and Committee Members who
are not Town Meeting Members, shall have the same
right to speak, but not to vote, as Town Meeting Mem-
bers on all matters relating to their Office, Board or
Committee.
Section 7. 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..
Section 8. The Selectmen shall, at each Annual Town
Meeting, give to the Members information of the state
of the Town.
Section 9. The Town Meeting members and the Town
Meeting members elect from each precinct shall hold
an annual precinct meeting after the annual Town
elections but before the convening of the business ses-
sions 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 ap-
propriate. Chairmen shall serve no more than six con-
secutive years in that position. Additional precinct
meetings may be called by the chairman or by a peti-
tion of six Town Meeting members of the precinct.
r
ARTICLES AND RECOMMENDATIONS FOR THE SUBSEQUENT TOWN MEETING
(Seal)
COMMONWEALTH OF MASSACHUSETTS
November 13, 1990
Middlesex, ss.
To either 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 Tuesday, November 13, 1990, at seven-thirty
o'clock in the evening, at which time and place the following ar-
ticles 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 As-
sessors, 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 Boards or Special Committees.
Board of Selectmen
Background
Reports - Article 1 will provide for reports to Town Meeting
on various pending issues. Article 1 may be taken from the
table during various portions of the Town Meeting. Reports
will include an update on the Town's land sales, a review of
the fiscal situation of the Town, and reports on various in-
structional motions that are pending. The Bylaw Committee,
the Finance Committee, the Community Planning & Development
Commission (CPDC), the Conservation Commission, the School
Committee,, and the Board of Selectmen will give reports on
specific articles when those articles are discussed.
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 instruc-
tions given to them, or take any other action with respect
thereto.
Board of Selectmen
Background
Instructions - This article appears . on all Town Meeting War-
1
rants and permits the Town Meeting to choose necessary Town
officers and/or special committees, and to provide instruc-
tions to the various officers and employees of the Town.
The Article permits funding of instructional motions, should
funds be needed. It is suggested that any member who plans
on making an instructional motion which will require funding
let the Finance Committee know of that fact as early as pos-
sible in order to allow the FinCom to make a recommendation
on the Article. This Article also will be used intermit-
tently through Town Meeting, and will probably not be taken
in order.
Bylaw Committee Report No Report
Finance Committee Report No Report
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, or take any
other action with respect thereto.
Board of Selectmen
Background
Amend Capital Improvement Program - To the extent that Town
Meeting takes any action on expenditure of funds which is
inconsistent with the previously-adopted Capital Improvement
Program, the Town Meeting will need to amend the Capital Im-
provement Program. Changes to the timing and dollar amounts
for Articles 25 and 26, and other changes on the warrant for
the Special Town Meeting are proposed. A copy of the
revised Capital Improvement Program is attached to,the war-
rant for the Special Town Meeting.
Bylaw Committee Report No Report
Finance Committee Report No Report
This Article, with amendments, will be considered in the
Special Town Meeting.
ARTICLE 4 To see if the Town will vote to amend Section
5.7.1 of the General Bylaws of the Town by adding after the words
"water pollution" the words "prevention, fisheries", so that said
Section 5.7.1. shall read as follows:
"The purpose of this bylaw is to protect the
floodplains and wetlands of the Town by controlling ac-
tivities deemed to have a significant effect upon wet-
land values, including but not limited to the
following: public or private water supply, groundwater,
flood control, erosion control, storm damage preven-
tion, water pollution prevention, fisheries and
wildlife." or take any other action with respect there-
to.
Conservation Commission
2
Background
Amend Bylaws: Art. 5.7, Sec.5.7.1 - (Article 4 is the first
of eleven articles recommended by the Reading Conservation
Commission. Because all of these articles involve amend-
ments to the Wetlands Protection Bylaw, this first statement
will summarize the general background for all eleven ar-
ticles. Each of the remaining statements will present only
the background for the specific purpose of its respective
article)
The Special Town Meeting of November 28, 1988 appropriated
$3,000 to fund consulting expenses for the Conservation Com-
mission, which enabled the Commission to perform a com-
prehensive revision and update of the wetlands protection
regulations and bylaw. The purpose was to clarify the bylaw
and make it more consistent with the current State wetlands
protection regulations, while maintaining the local
authority and control granted in the original bylaw. The
desired result will be an easier filing process, as well as
a clearer, more understandable application of the State and
local regulations.
The Commission, with the aid of Attorney Elaine Vreeland,
has worked for over a year to meet these goals. The eleven
articles recommended here are a result of that effort. The
Commission determined that, in order to adopt regulations
that will be consistent with current State regulations, it
will be necessary to amend several sections of the bylaw.
Each article presented here addresses one section, and the
Background Statement for each will address the specific pur-
pose for amending its respective section of the bylaw.
Please see also Attachments: (brochure) "The Wetlands
Protection Act - Who Cares?",, and "History and Scope" and
"Statement of General Purpose.19
Article 4 - Statement of Purpose - protectable wetland
values - This Article would update the Bylaw to conform to
the current State law (M.G.L. c.131, s.40 - the Wetlands
Protection Act). It would correct the wetland value "water
pollution" to read "water pollution prevention", and would
add "fisheries", which is protected under the State law. It
would also continue the protections of the existing bylaw
that are not part of the State law, namely "erosion con-
trol."
Recommend 4-0-0.
will make the Wetland Protection Bylaw clearer to understand
and at the same time will update the terms and definitions
contained therein. -These will also make the Wetland Protec-
tion Bylaw consistent with present State Law. The Bylaw
Committee feels that the Conservation Commission - has -out
together a strong Wetland Protection Bylaw that will protect
the natural resources of the Town. -
Finance Committee Report No Report
3
ARTICLE 5 To see if the Town will vote to amend Section
5.7.2 of the General Bylaws of the Town by adding after the first
sentence thereof the sentence "There shall be no charge imposed
for such a request.", or take any other action with respect
thereto.
Conservation Commission
Background
Amend Bylaws: Art. 5.7,, Sec.5.7.2 - (see also Article 4)
Request for a Determination as to whether an area or ac-
tivity is subject to this bylaw - This article would ensure
that there shall be no fee charged for review of a Request
for Determination, which would be consistent with the State
fee structure. This is intended to be an incentive for
making such requests. It is also important to note that if
a positive determination is made, the applicant must file a
complete Notice of Intent to do any activity in the area,
and substantial fees are charged for that under the bylaw
and under the State regulations. If the determination is
negative, in many cases the applicant did not need to file
at all, and the determination merely formally clarifies that
(also, please note that the legal notice required by State
law and the local regulations is at the expense of the ap-
plicant. The Reading Daily Times and Chronicle at present
charges $45 for such a notice).
Bylaw Committee Report Recommend 4-0-0
Finance Committee Report Do Not Recommend 0-6-1
The Finance Committee felt-that without adding these words
there would not be any chancre to the current method of doing
business but if we add them and in the future if the costs
for these services become excessive and we want to charge
for them we would need a bylaw chancre to delete them.
ARTICLE 6 To see if the Town will vote to amend Section
5.7.3 of the General Bylaws of the Town by' adding a comma after
the word "swamp" and by deleting the words "or lands bordering
any" in the first sentence thereof, and by adding the words "or
hand delivered" after the words "certified mail" in the second
sentence thereof, so that said Section 5.7.3 shall read as
follows:
"No person shall remove, fill, dredge or alter any
bank, fresh water wetland, flat, marsh, meadow, bog,
swamp, creek, river, stream, pond or lake or any land
under said waters or any land subject to flooding,
other than in the course of maintaining, repairing or
replacing, but not substantially changing or enlarging
an existing and lawfully located structure or facility
used in the service of the public and used to provide
electric, gas, water, sanitary sewer, storm drainage,
public roadway, telephone, telegraph and other telecom-
munication services, without filing written notice of
his intention to so remove, fill, dredge or alter and
without receiving and complying with an Order of Condi-
4
tions and providing all appeal periods have elapsed.
Such notice shall be sent by certified mail or hand
delivered to the Reading Conservation Commission, in-
cluding such plans as may be necessary to describe such
proposed activity and its effect on the environment."
or take any other action with respect thereto.
Conservation Commission
Background
Amend Bylaws: Art. 5.7,, Sec.5.7.3 - (see also Article 4)
Jurisdiction and method of submitting filings - This Article
would appear to reduce the area of the Commission's juris-
diction by deleting "lands bordering any [protected areas]."
However, in application it would be a refinement consistent
with the refinement over the years of the State law and
regulations. The 100-foot wide area in question is now
defined under State regulations as the Buffer Zone. The
Buffer Zone is regulated under the State regulations to
protect the "protected area" (wetlands, for example) that it
borders. The only protected areas that do not have a Buffer
Zone are Lands Subject to Flooding. The reason for this is
that those areas are valued primarily for their flood
storage capacity, and any activity outside those areas would
not, of course, change that capacity.
With regards to adding "hand delivered ", this would be con-
sistent with what is at present allowed by the State law.
Bylaw Committee Report Recommend 4-0-0
Finance Committee Report No Report
ARTICLE 7 To see if the Town will vote to amend Section
5.7.4 of the General Bylaws of the Town by inserting after the
words "as fulfilling the" the word "applicable", by changing the
comma to a period after the words "this bylaw", by deleting the
balance of that former sentence, by inserting after the words
"this bylaw." the sentence "The Conservation Commission may adopt
and impose project review charges in accordance with regulations
adopted pursuant hereto.", by deleting subsections 5.7.4.1
through subsection 5.7.4.8 and by renumbering existing subsection
5.7.4.9 as subsection 5.7.4.1, by renumbering subsection 5.7.4.10
as subsection 5.7.4.2 and by adding at the end of said new sub-
section 5.7.4.2 the words "under Section 5.7.4.11, so that Section
5.7.4 shall read as follows:
"5.7.4 The same Notice of Intent, plans and
specifications required to be filed by an ap-
plicant under Section 40 of Chapter 131 of
the General Laws will be accepted as fulfill-
ing the applicable requirements of this
bylaw. The Conservation commission may adopt
and impose project review charges in accord-
ance with regulations adopted pursuant
hereto. .
5
5.7.4.1 The maximum fee on any one filing will be
$3,000.00.
5.7.4.2 Town Projects are exempt from review fees un-
der Section 5.7.4.11
or take any other action with respect thereto.
Background Conservation Commission
Amend Bylaws: Art. 5.7,, Sec.5.7.4 - (see also Article 4)
Coordination of filings under local and State regulations,
and project review fees - This Article would clarify this
section of the bylaw and make it consistent with related
sections (5.7.1, 5.7.5), by adding the word "applicable".
This would recognize the fact that a filing under local
bylaw and under the State law is technically and actually
two separate filings, though usually only one document is
submitted). It would also recognize that local requirements
under existing section 5.7.1 and 5.7.3 may require addi-
tional information as part of the initial filing. This
would streamline review under local and State law.
This Article would also remove the itemization of fees from
the bylaw itself, while maintaining control over maximum
fees and exemptions from the Town charging itself. It would
enable the Commission to adopt and update fees by regula-
tion, a process which is by Town bylaw (section 4.11.2) sub-
ject to newspaper legal notice, notification of the Board of
Selectmen, Finance Committee, Bylaw Committee and Town Coun-
sel, and public hearing. Note that the Bylaw is an enabling
bylaw, and it is therefore more appropriate to itemize
project review charges by regulation. It would then not be
necessary to continually seek to amend the bylaw to account
for inflation.
This Article would also correct section 5.7.4.8, to wit,
Determinations are a separate filing from Notices of —Intent,
and may not involve any activity (see Article 5).
Bylaw Committee Report Recommend-4-0-0
Finance Committee Report No Report
ARTICLE 8 To see if the Town will vote to amend Section
5.7.5 of the General Bylaws of the Town by deleting that section
in its entirety and substituting therefor the following, or take
any other action with respect thereto:
"All hearings and public meetings held under Section 40
of Chapter 131 of the General Laws, when it applies,
and under this bylaw shall be held simultaneously,
whenever possible. Definitions, time frames and proce-
dures, not inconsistent with this bylaw or the regula-
tions adopted pursuant hereto set forth in said Section
40 of Chapter 131 and in the regulations promulgated by
the Department of Environmental Protection, as the same
may from time to time be amended, are hereby made a
part of this bylaw. However, notwithstanding any
definitions set forth in said section 40, Chapter 131
and in the regulations promulgated by the Department of
Environmental Protection, the following definitions are
hereby also made a part of this bylaw and shall control
whenever there is a conflict between the different
definitions:
Activity: shall also include the installation of any
utility conduit system, including but not
limited to drainage, sewage and water
systems; and changing of the chemical, ther-
mal or biological characteristics of land or
water.
Alter: shall mean to impact by any activity, any
area subject to protection under this bylaw.
Bordering
Vegetated
Wetland: shall include any wetland that touches any
creek, river, stream, whether -permanent or
intermittent, ditch, pond or lake, or bank
thereof.
Buffer
Zone:
shall also include land extending one hundred
(100) feet horizontally outward from the
boundary of any area subject to protection
under this Bylaw except land subject to
flooding.
Ditch:
shall mean any man-made trench or furrow that
has not altered any creek•, river, stream,
pond or lake, or bank thereof, or wetland.
Flood-
plain:
shall be synonymous with Bordering Land Sub-
ject to Flooding.
Ground-
water:
shall be synonymous with Groundwater Supply.
Stream:
shall mean a body of flowing water, whether
permanent or intermittent, moving along a
hydraulic gradient.
Rare
Species: shall also include those plant species listed
as rare, threatened or endangered by the Mas-
sachusetts Division of Fisheries and Wildlife
Natural Heritage Program.
Wetlands: shall mean lands where the water table is at
or near the surface, or the land is covered
by shallow water. This shall include swamps,
7
wet meadows, bogs and marshes, creeks,
rivers, streams, ponds and lakes. Wetlands
have one or more of the following three
attributes:
1. at least periodically the land supports
predominantly hydrophytic vegetation;
2. the substrate is predominately undrained
hydric soil;
3. the substrate is saturated with water or
covered by shallow water at some time during
the growing season of each year.
conservation Commission
Background
Amend Bylaws: Art. 5.7, Sec.5.7.5 - (see also Article 4)
Definitions, time frames, and procedures - This Article
would first recognize the fact that a filing under local
bylaw and under State law is actually two filings, each with
its own requirements, meetings and hearings. The existing
section of the bylaw is inaccurate in this respect. Second,
this Article would update the incorporation of the ap-
plicable State regulations' definitions, time frames, and
procedures from 1978 (twelve years out of date) to the cur-
rent ones.
To be consistent with the current State law, and to maintain
local authority granted under the 1978 regulations in a
clear, concise and unambiguous manner, this Article would
also incorporate important definitions. These definitions
would be in addition to the State definitions, and would
apply solely under local authority. Note that Article 6
would (technically) remove one area (lands bordering) that
is currently protected by reference to the 1978 regulations.
Note also that activities "that are likely to alter" are
currently regulated by reference to the 1978 regulations.
Loss of this authority is addressed in Article 10.
Addition of the definition "Rare Species" would recognize
rare plants that are in protected areas. Currently, only
rare animal habitat is granted special protection.
Bylaw Committee Report Recommend 4-0-0
Finance Committee Report No Report
ARTICLE 9 To see if the Town will vote to amend
Section 5.7.7 of the General Bylaws of the Town by deleting the
word "prior" in the phrase "in response to a request for a prior
determination ... 11 or take any other action with respect thereto.
Conservation Commission
Background
Amend Bylaws: Art. 5.7, Sec.5.7.7 - (see also Article 4)
Entry upon land - This Article would delete ambiguous word-
incr.
8
Bylaw Committee Report Recommend 4-0-0
Finance Committee Report No Report
ARTICLE 10 To see if the Town will vote to amend
Section 5.7.8 of the General Bylaws of the Town by inserting
after the phrase "deny permission for any" the words "activity
that is likely to", by deleting the words "removal, dredging,
filling or altering of" and substituting therefor the words
"remove, dredge, fill or alter", by adding after the words "flood
control," the words "erosion control," and by adding after the
word "pollution" the words 11, or the protection of fisheries or
wildlife" so that the first sentence of said Section 5.7.8 shall
read as follows:
"The Conservation commission is empowered to deny per-
mission for any activity that is likely to remove,
dredge, fill or alter subject lands within the Town if,
in its judgment, such denial is necessary for the
protection of public or private water supply, ground
water, flood control, erosion control, storm damage
prevention or the prevention of pollution, or the
protection of fisheries or wildlife."
or take any other action with respect thereto.
Conservation commission
Background
Amend Bylaws: Art. 5.7, Sec.5.7.8 - (see also Article 4)
Deny permission on subject lands - This Article would main-
tain the existing control over activities that may impact
protected areas, including activities outside the Buffer
Zone if Article 6 is adopted, or outside- Land Subject to
Flooding. It would also make this section more consistent
with existing section 5.7.1 by adding "erosion control" and
"wildlife". It would otherwise make this section consistent
with proposed section 5.7.1 if Article 4 is adopted, by ad-
ding as well "fisheries."
Bylaw Committee Report Recommend 4-0-0
Finance Committee Report No Report
ARTICLE 11 To see if the Town will vote to amend
Section 5.7.11 of the Bylaws of the Town by deleting the second
sentence thereof and by substituting therefor the sentence
"Emergency projects shall mean any projects certified
to be an emergency by the Conservation Commission."
or take any other action with respect thereto.
Conservation commission
Background
Amend Bylaws: Art. 5.7, Sec.5.7.11 - (see also Article 4)
Emergency projects - This Article would make this section
E
less restrictive for emergency projects, by removing the
requirement to obtain the approval of the Commissioner of
the Commonwealth's Department of Environmental' Protection *
This is currently not required under the State law, so the
existing section is incorrect in attempting to apply this
requirement to applications governed by the State law.
Bylaw Committee Report Recommend 4-0-0
Finance Committee Report No Report
ARTICLE 12 To see if the Town will Vote to amend
Section 5.7.15 of the General Bylaws of the Town by renumbering
that section as Section 5.7.17, or take any other action with
respect thereto.
Conservation Commission
Background
Amend Bylaws: Art. 5.7, Sec.5.7.15 - Article 12 is self-
explanatory.
Bylaw Committee Report Recommend 4-0-0
Finance Committee Report No Report
ARTICLE 13 To see if the Town will vote to amend
Section 6.7 of the General Bylaws of the Town by adding as new
Section 5.7.15 the following, or take any other action with
respect thereto:
"The Conservation Commission may require that the ap-
plicant bear the full cost of any outside consulting
deemed necessary by the Conservation 'Commission to in-
sure adequate review of any application or filing made
pursuant to this bylaw and the regulations adopted pur-
suant thereto.".
Conservation Commission
Background
Amend Bylaws: Art. 5.7, Sec.5.7.15 - (see also Article 4)
Professional Consulting Services- This Article would replace
--at the applicant's expense--the resources formerly
provided in the Conservation Division budget under the
Professional Services line item. It would once again allow
third party, independent, professional consultation for
large, complicated or controversial projects with regards to
extensive wetlands delineations, hydrological studies or the
like. It would be warranted only where the Commission deems
it necessary to be certain with regards to this type of in-
formation submitted by an applicant.
Bylaw Committee Report Recommend 4-0-0
Finance Committee Report No Report
WO
ARTICLE 14 To see if the Town will vote to amend
Section 5.7 of the General Bylaws of the Town by adding a new
Section 5.7.16 thereto as follows, or take any other action with
respect thereto:
115.7.16 in addition to any other means of enforcement,
the provisions of this bylaw and the regulations
adopted pursuant thereto may be enforced by noncriminal
disposition in accordance with the provisions of Sec-
tion 5.11 of these bylaws and Section 21D of Chapter 40
of the General Laws, and for the purposes of such non-
criminal disposition the term "enforcing person" shall
mean any member of the Conservation Commission, the
Conservation Administrator or his or her designee."
Conservation Commission
Background
Amend Bylaws: Art. 5.7,, Sec.5.7.16 - (see also Article 4)
Non-criminal Disposition (tickets)- Currently, criminal
prosecution is the only mechanism for enforcing this section
of the bylaw. This last Article would provide more im-
mediate and effective enforcement, especially for minor
violations, similar to that already provided for the Board
of Health by section 5.11 of the bylaws.
Bylaw Committee Report Recommend 4-0-0
Finance Committee Report No Report
ARTICLE
15
To see
if the
Town will
vote to amend
Section
4.3.3.1.
of the Reading
Zoning
By-Laws as
follows:
By adding in the first paragraph of said Section the words 11, or
occupancy allowed," between the words 11 ... shall be issued" and
the words "for the construction..."; and by deleting the words
"valued at $30,000 or more"; so that said paragraph will read:
"No building or other permit, license, or approval shall be
issued, or occupancy allowed, for the construction, expansion, or
alteration of the following uses, or relocation of the following
buildings or structures, or for the change in use of land and
buildings to the following; until a site plan for the lot on
which such use is, or is proposed to be ' located, has been sub-
mitted and approved as provided herein:
(a) Any public or quasi-public, business, service, automotive,
industrial, or recreational use.
(b) Any apartment, boarding house, roadside stand, or other per-
mitted use substantially similar to the uses specified in sub-
paragraphs (a) and (b) hereof."
By adding the following subsections immediately after said
paragraph:
114.3.3.1.1. Waiver: The Community Planning and Development Com-
mission shall waive with or without conditions the requirement
for Site Plan Review for the following reasons:
11
(a) The construction, expansion, or alteration only involves the
interior renovation of an existing space and the proposed
changes will not result in an adverse impact in the areas
described in Section 4.3.3.5., or
(b) The proposed change in use is within the same use category
and will not result in an adverse impact in the areas
described in Section 4.3.3.5., or
(c) The property has undergone Site 'Plan Review and approval
within the past five (5) years and the proposed changes will
not result in an adverse impact in the areas described in
Section 4.3.3.5.
If the Community Planning and Development Commission does not act
within thirty (30) days of receiving a waiver request, the waiver
shall be deemed granted.
4.3.3.1.2. Exemptions: Site Plan Review shall not be required for
the following:
(a) The construction is solely for the maintenance or repair of
the existing structure.
(b) The construction, expansion, or alteration of a building or
structure does not exceed 300 (three hundred) gross square
feet, or such alteration involves only interior renovation
of less than 1000 (one thousand) gross square feet.
(c) The construction, expansion, or alteration only involves the
modification of internal electrical, plumbing, or mechanical
systems."
or take any other action with respect thereto.
Community Planning and Development Commission
Background
Amend zoning By-Laws: Sec.4.3.3.1 - Site Plan Review Ap-
plicability (or "Triggering") - In the five years during
which CPDC, and previously the Planning Board, has handled
Site Plan Reviews, the CPDC, Community Development staff,
and the business community have increasingly come to view
the current Zoning By-Law standards for applicability of
Site Plan Review as unsatisfactory, arbitrary, and unneces-
sarily burdensome and uncertain. These applicability stand-
ards have sometimes resulted in Site Plan Review being
required after a project has begun, such as when cir-
cumstances of the project later required a building permit
when one had initially not been needed, or when unforeseen
conditions have caused the project costs unexpectedly to
exceed $30,000. On other occasions, projects which should
have required Site Plan Review in order to protect the
public interests or the interests of abutters did not in
fact require such review due to deficiencies in the ap-
plicability standards. In yet other instances, these stand-
ards have required Site Plan Review when no reasonable jus-
tification for it have existed, resulting in inhibiting or
needlessly delaying property owners from making insig-
nificant renovations to their buildings, such as small inte-
rior renovations or repairs, or upgradings of mechanical
systems, which have no discernible affect on the public in-
terest or on the interests or rights of other private
parties.
This Warrant Article seeks to clarify and provide objective
12
and definitive standards for determining whether or not Site
Plan Review is required. It associates the applicability
for Site Plan Review with permitted occupancy and thereby
dissociates applicability exclusively from the question of
whether a building permit is required and from a specific
dollar value of work. The Article promotes both flexibility
and certainty about Site Plan Review applicability through a
new system of waivers and exemptions. - CPDC must grant a
waiver for a project involving interior renovations, changes
within the same category of land-uses, or when Site Plan
Review has already dealt with the property within the pre-
vious five years, as long as the project has no adverse im-
pact on the factors which Site Plan Review is intended to
deal with. Moreover, the exemptions allow such activities
as maintenance, repairs, modifications of mechanical sys-
tems, minor expansions and alterations (300 square feet or
less), and small-scale interior renovations (1000 square
feet or less) to take place without Site Plan Review.
Bylaw Committee Report Recommend 4-0-0
The Bylaw Committee aarees with the CPDC and the Reading
Chamber of Commerce joint effort to clarify and streamline
the site plan review vrocess.
Finance Committee Report No Report
CPDC Report Recommend 4-0-0
ARTICLE 16 To see if the Town will vote to amend
Section 2.2.13. of the Reading Zoning By-Laws by adding the words
11 . not burdened by access easement," between the words "...of a
street line" and the words "across which access...", so that said
Section will read:
112.2.13. FRONTAGE: the continuous length of a street line, not
burdened by access easement, across which access is legally and
physically available for pedestrians and vehicles. The end of a
street without a cul-de-sac shall not be considered frontage."
or take any other action with respect thereto.
Background Community Planning and Development Commission
Amend Zoning By-Laws: See. 2.2.13 - Definition of Frontage
This Warrant Article proposes to add to the existing Zoning
By-Law definition of frontage language which is designed to
deal with an increasing tendency in subdivisions to utilize
the same street frontage for two separate lots by having the
frontage for one lot also serve as frontage, or access, for
an adjoining lot through the use of part of the frontage as
an access easement for the other lot. As developable land
in Reading has become relatively more scarce, this technique
has increasingly fostered attempts to carve out additional
lots through "creative" configurations of new parcels, with
the net effect of increasing the density of development in,
the Town. It has also had an effect of making portions of
lots not directly associable with the main part of the lot,
13
resulting in areas not likely to be properly maintained.
This Article would eliminate this kind of deficiency in the
current Zoning By-Law and prevent an effective "double-
dipping" of lot frontage.
Bylaw Committee Report Recommend 4-0-0
that this bylaw change deals ---- with - should be closed in order
to protect the value of the Town.
Finance Committee Report No Report
CPDC Report Recommend 4-0-0
ARTICLE 17 To see if the Town will vote to amend
Section 5.4 "Excavations and Wells" of the General Bylaws of the
Town by deleting the words "and Wells" in the title and by delet-
ing Section 5.4.2 thereof in its entirety, or take any other ac-
tion with respect thereto.
Board of Health
Background
Amend Bylaws: Sec. 5.4 - The Town passed the present bylaw
in the 1950's to protect citizens from injury as a result of
falling into open holes. The Board of Health adopted com-
prehensive well regulations in 1988 to address a variety of
issues relating to wells, including location, professional
licensing of drillers, standards for water quality as well
as abandonment and destruction of wells. The Board of Health
noticed earlier this year that the issue of abandonment of
wells was addressed in two areas of local law.
Issues - There are two issues:
1) Consistency - The by law protects people from falling
into wells while the Board of Health regulations provide
that as well as protection from groundwater contamination.
The Board feels that at the very least, the two laws should
be consistent. Specifically, the more restrictive is ap-
propriate as it accomplishes both missions.
2) Enforceability - it is not good "customer service" to
have laws which are confusing to the public. Having the
same issue addressed in two different forums is not fair to
the public who could not reasonably know that they had to
look in two different places for laws about the same issue.
A Bylaw or Board of Health recfulation - The Board feels that
their regulations are more appropriate as:
1) Board of Health regulations can be changed at any time
during the year following public notice and hearing to
respond to new issues, not only twice a year.
2) As the Board's regulations deal with a variety of
issues relating to wells and the public has learned over the
past two years that the Health Dept is where to look for
such information, it would be a disservice to the public to
have part of the issue addressed in the regulations while
another part in the Bylaws.
14
A copy of the bylaw and Board of Health Regulations are
available in the Health Office at Town Hall.
Bylaw Committee Report Action Pending
�- Finance Committee Report No Report
ARTICLE 18 To see if the Town will vote to accept
the provisions of General Laws Chapter 32B, S9E relating to sub-
sidiary or additional rates for certain insurance payments and
matters relating thereto for retired employees, or take any other
action with respect thereto.
Board of Selectmen
Background
Accept Gen. Laws Chap. 32B, S9E - In September 1990, the
Town Meeting accepted provisions of General Laws Chapter 32B
Section 7A which permits the Town, upon negotiation, to pay
a greater than 50% portion of the health insurance premiums
for employees and retirees. Town Counsel advises, that
while acceptance of Section 7A appears to cover such
benefits for all employees and retirees, it would be useful
to also accept Section 9E in order to make certain that
there is no question that the percentage payment of health
insurance benefits for retirees is the same as for active
employees. This is a housekeeping article, and does not
create any new costs for benefits than currently approved by
Town Meeting. A copy of Section 7A and Section 9E is avail -
able in the Town Manager's office for those who want it.
Bylaw Committee Report Recommend 4 -0 -0
This is a housekeepingr article to clarify the retiree por
tion of health insurance as voted at a prior Town Meeting
Finance Committee Report Recommend 6 -0 -1
This Article was considered a housekeeping article Town
Meeting, in September, 1990 voted to allow a payment by the
Town of greater than 50% for employees and retirees of the
Town for health insurance. Town Counsel advises that ar-
ticle appears to cover retirees However there may be some
question. Acceptance of this Section 9E leaves no question
ARTICLE 19 To see what sum the Town will raise from
the tax levy or transfer from available funds, or otherwise, and
appropriate for the purpose of purchasing unwanted grave spaces,
or take any other action with respect thereto.
Background Board of Cemetery Trustees
Repurchase of Cemetery Lots - The Board of Cemetery
Trustees has requested the transfer of $7,500 from the Sale
of Lots fund to a fund to repurchase unwanted cemetery lots.
A similar transfer was done as Article 7 in the Special Town
Meeting of April 26, 1990, and the funds in the amount of
$3,500 from that Article have been exhausted. The lots are
bought back by the Board of Cemetery Trustees at the
15
original purchase price, even though that will be less than
the current selling price. Therefore, the ability to buy
back these lots is advantageous to the Town.
Bylaw Committee Report No Report
Finance Committee Report Recommend 7-0-0
gown.
ARTICLE 20 To see if the Town will vote pursuant to
General Laws Chapter 30B, Section 15(g) to authorize the Town
Manager from time to time and without further Town Meeting action
to dispose of an item or collection of items of tangible personal
property not exceeding a market value of Five Thousand Dollars
($5,000),,no longer useful to the Town but having resale or sal-
vage value, 'at less than the fair market value to a charitable
organization which has received a tax exemption from the United
States by reason of its charitable nature, notwithstanding the
provisions of Section 4.6 of the Bylaws of the Town to the con-
trary, or take any other action with respect thereto.
Board of Selectmen
Background
Surplus Property to Non-Profits - Massachusetts General
Laws Chapter 30B Section 15G provides that the Town Meeting
may by majority vote authorize the disposition of surplus
supplies at less than fair market value to any organization
which has an IRS tax exempt status by reason of its
charitable nature. There are, from time to time, materials
and supplies that become surplus to the Town, and which have
no particular value in the marketplace, but which may have
value to one of the many charitable organizations within the
community. Such items include old street lists, old
styrofoam ballot backing boards, used furniture, and other
similar materials. These materials generally have no value
or very little value, and have no value to the Town, but as
indicated may have value to the charitable organizations.
By Charter, the Town Manager is responsible for implementa-
tion of the Uniform Procurement Act, and this Article would
delegate the disposition of such materials in this manner up
to the value of $5,000, consistent with Section 4.6.1 of the
Bylaws which permits the Town Manager to dispose of property
up to $5,000 when that property is surplus, obsolete, sal-
vage, or beyond repair. It is suggested that, as per 4.6.1
of the General Bylaws, the Town Manager would be required to
have Finance approval prior to disposal of these surplus
materials.
Recommend 4-0-0
----- ------ 11Y I- =1 I L. V1. L-11W MY.LCLW kulu-
mittee to return to -a -Tu—ti r with a-Bylaw
change to make this a permanent part of the Bylaws.
Finance committee Report Recommend 7-0-0
The Finance Committee feels that this article should be made
16
an amendment to 4.6.1 of the Bylaws, so we would still have
checks, and balances with the Finance Committee having ap-
proval.. I
ARTICLE 21 To see if the Town will vote to amend the
General Bylaws by adding a new section to Article 3 to read as
follows:
3.8 Land Advisory Committee
3.8.1 There shall be a Land Advisory Committee consisting of
five (5) voters of the Town, appointed by the Moderator for three
(3) year staggered terms, so arranged that two terms shall expire
in one year, two terms shall expire the following year and one
term shall expire in the next following year, such terms to ex-
pire on'the first day of July.
3.8.2 The Land Advisory Committee shall report to Town Meet-
ing on all proposed uses, purchases, takings, sales, conveyances,
and alterations of Town-owned or proposed Town-owned land, all
proposed takings and releases of Town-owned easements and on all
proposed street acceptances, whenever any of the fo . regoing
require Town Meeting approval or petition to the General Court.
The Land Advisory Committee may also report on any article in a
Warrant that in its judgment significantly affects the use of
Town-owned land. Land Advisory Committee Reports to the Town
shall be in the form of recommendations and contain written
rationale and be included in the Finance Committee Report as
specified in Section 3.4.2 of these Bylaws. The Land Advisory
Committee shall have access to all information, data, proposals,
requests for proposals, agreements, and minutes of any official
body, whether held in Open or Executive session, related to War-
rant articles on which- the Land Advisory Committee intends to
report. When such information is from Executive Session, each
Land Advisory Committee member shall be held to the same con-
fidentiality requirements as those placed on the members of the
official body which is the source of the information.
3.8.3 If any member of the Land Advisory Committee shall be
absent for three (3) or more successive meetings, the other mem-
bers of said committee may, by affirmative vote of its majority,
request the Moderator to remove such absenting member and shall
notify him by mail of such removal, or take any other action with
respect thereto.
Background Bylaw Committee
Amend Bylaws: Art. 3 Land Advisory Committee - This article
establishes a standing committee of Town Meeting appointed
by the moderator to investigate warrant articles pertaining
to Town-owned or proposed Town-owned land and easements and
to give advice to Town Meeting as to actions on these ar-
ticles. Presently there are two standing advisory com-
mittees to Town Meeting, namely: Finance Committee and
17
Bylaw Committee. These committees give advice on articles
dealing with the use of funds and proposals to amend the
general and zoning bylaws. Almost all warrant' articles on
which the Town Meeting receives no advice from a Town Meet-
ing committee involve actions on land, roads, easements '
etc., owned or proposed to be owned by the Town, since such
lands are not subject to the zoning bylaws. Such articles
involving the use of funds receive attention from the
Finance Committee, but only from financial aspects and not
other aspects such as the future needs and desires of the
Town. There is a need for a legislative oversight body
dedicated to understanding all issues involved in proposed
actions on Town-owned land, to act as a sounding board for
the proposing executive planning bodies reflecting Town
Meeting concerns during the proposal formulation process
and, finally, to report to Town Meeting on its conclusions
on the resulting warrant articles. None of these functions
are presently performed by any existing body.
Bylaw Committee Report Recommend 4-0-1
Finance Committee Report Do Not Recommend 0-4-3
The Finance-Committee felt that we do not need any more com-
mittees. Committees --- can cost money for support staff, etc.
Are we recreating the hydra?
ARTICLE 22 To see if the Town will vote to amend Section
2.1.8 of the General Bylaws by inserting after the words "Bylaw
Committee" the words, "the Land Advisory Committee" so that Sec-
tion 2.1.8 shall read:
2.1.8 The Board of Selectmen, after drawing a Warrant for a
Town Meeting, shall immediately deliver a copy of such Warrant to
each member of the Finance Committee, the Community Planning and
Development Commission, the Bylaw Committee, the Land Advisory
Committee, and the Moderator, or take any other action with
respect thereto.
Background Bylaw Committee
Amend Bylaws: Sec. 2.1.8 Land Advisory Committee - The Board
of Selectmen is presently required under the bylaws to sub-
mit timely drafts of the warrant to the standing committees
of Town Meeting and others. Article 22 would include the
Land Advisory Committee (subject of Article 21) in this
requirement.
Bylaw Committee Report Recommend 4-0-1
Finance Committee Report No Report
ARTICLE 23 To see if the Town will vote to authorize the
appropriation and expenditure from time to time and without fur-
ther Town Meeting action of monies distributed or to be dis-
tributed to the Town pursuant to General Laws Chapter 90, Section
18
34(2)(a) for maintaining, repairing, improving and constructing
Town ways and for any other purposes for which said funds may be
expended under said Chapter 90, and to authorize the Town to file
(., all applications for said funds and to enter into all contracts
and agreements as may be necessary to carry out the purposes of
this Article, or take any other action with respect thereto.
Board of Selectmen
Background
Chap. 90, Bee. 34(2)(a) Highway Funds - Article 23 would
authorize the appropriation and expenditure from time to
time and without further Town Meeting action of monies dis-
tributed or to be distributed to the Town pursuant to
General Laws Chapter 90 Section 34(2A). These are state
funds which are available for the purpose of maintenance and
reconstruction of Town roads. Chapter 90 roads, which in-
clude Haverhill Street, West Street, Lowell Street, Salem
Street, and Woburn Street, are eligible for 100% funding for
projects. Other Town roads may be eligible for 75% funding.
The.reason Town Meeting authorization is needed is that
these funds are available on a reimbursement basis, and
there needs to be the recognition by Town Meeting that the
funds are available in this manner and only in this manner.
In order to use these funds, the state therefore requires
approval of this article. Such an article will be on the
warrant each year for Town Meeting approval as long as Chap-
ter 90 funds are available.
$118,000 will be available this fiscal year and some addi-
tional funds are available from previous years. The last
Chapter 90 project constructed in the Town was the lower
part of Haverhill Street. It is our intention to complete
the reconstruction' of Haverhill Street from Charles Street
north as Chapter 90 funds permit. We would then go to high
priority local roads for improvement, including portions of
South Street and Pearl Street between Franklin and Main.
The approval of Article 23 does not obligate any Town funds.
Bylaw Committee Re-port No Report
Finance Committee Report Recommend 6 -1 -0
being identified.
ARTICLE 24 To see if the Town will vote to authorize the
Board of Selectmen to acquire a temporary construction and per-
manent drainage easement on, over and /or under all or any part of
the land currently believed to be owned by Jane Newton Woodman
and Louis A. Adreani located at 518 Summer Avenue and shown on
the Town of Reading Board of Assessors' Rev. January 1, 1989,
Plat 20 Lot 21 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 ap-
propriate to the Board of Selectmen to pay for appraisals of said
19
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 as-
sistance in connection with such acquisition, and to do all other
acts and things necessary and proper for carrying out the provi-
sions of this vote, or take any other action with respect
thereto.
Board of Selectmen
Background
Drainage Easement - Slimmer Ave This article will be in-
definitely postponed because it has also been included in
the Special Town Meeting Warrant, where its funding will be
provided.
Bylaw Committee Report No Report
Finance -Committee Report Recommend 7-0-0
owner but comes from adjoining properties and Main Street
and Summer Avenue.
ARTICLE 25 To see what sum the Town will raise by bor-
rowing, or from the tax levy, or transfer from available funds,
or otherwise, and appropriate for the purpose of making renova-
tions and additions to the former fire station on Pleasant and
Parker Streets so as to convert it into a senior citizens Center,
including the cost of original furnishings and equipment, en-
gineering and architectural fees, inspection fees, relocation
costs, contingencies and related facilities incidental thereto
and necessary in connection therewith, said sum to be spent by
and under the direction of the Board of Selectmen, and to see if
the Town will ' vote to authorize the Board of Selectmen to file
applications for a grant or grants to be used to defray all or
any part of the costs of said renovations and additions and re-
lated matters, and to see if the Town will vote to authorize the
Town Manager to enter into all contracts as be necessary to carry
out the purposes of this Article; provided, however, that any ap-
propriation authorized by this Article shall be contingent on the
Town receiving a grant for all or part of such renovations and
additions, or take any other action with respect thereto.
Board of Selectmen
Background
Renovations for Senior Center Conversion - Upon the comple-
tion of the new Fire Headquarters Building on Main Street,
the former Central Fire Station becomes vacant and available
for other use. The Board of Selectmen established a Senior
Citizen Center Facilities Committee when Town Meeting
authorized the construction of a new fire station and the
Pearl Street School was authorized for sale. That committee
has unanimously recommended the former Central Fire Station
as the location for such a facility, and the Board of
Selectmen have authorized the filing of an application to
20
the Massachusetts Executive Office of Communities and
Development for Small Cities Funding in the amount of
$757,000 for this project. The funds available are federal
funds, and not subject to the problems of state funding.
The application was submitted in September, and the Town may
hear whether or not it was successful in this application by
Town Meeting. Article 25 appropriates the funds only in the
event that the grant application is successful. This does
not encumber or authorize expenditure of any Town funds.
Briefly, the project would be to take the entire three
floors of the facility and completely renovate them as a
Senior Center, with the possibility of use at other times of
the day and year for other community functions. The Town's
contribution is the value of the land and building according
to the assessment records: $564,500, and staff time needed
to administer the renovation. The project anticipates the
complete renovation including plumbing, electrical systems,
heating, ventilating and air conditioning, new roof,
repointing of bricks, replacement of windows, and restoring
the building's main facade (the bay doors) to their original
appearance. The cost of operating the center is estimated
to be in the area of $30,000 per year, including all
utilities and custodial services. Custodial services are
currently provided for the existing facility.
Bylaw Committee Report No Report
Finance Committee Report Recommend 7-0-0
$757,000 from cfrant funding. The Finance Committee voted
avoroval of this Article on the condition that we will not
spend any money until we receive the grant and only spend
the amount of the grant.
ARTICLE 26 To see what sum the Town will raise by
borrowing and appropriate for the purpose of renovations and ad-
ditions to the Birch Meadow School on Arthur B. Lord Drive and/or
the Joshua Eaton School on Summer Avenue, including the costs of
original furnishings and equipment, engineering and architectural
fees, inspection fees, relocation costs, contingencies and re-
lated facilities incidental thereto and necessary in connection
therewith, said sum to be spent by and under the direction of
School Committee, and to see if the Town will vote to authorize
the School Committee to file applications for a grant or grants
to be used to defray all or any part of the cost of said school
renovations and additions and related matters, and to see if the
Town will vote to authorize the School Committee to enter into
all contracts and agreements as may be necessary to carry out the
purposes of this Article; provided, however, that any borrowing
authorized by this Article and appropriation pursuant thereto
shall be contingent upon the passage of a debt exclusion referen-
dum question under General Laws Chapter 59, S21C, or take any
other action with respect thereto.
Background School Committee
School Renovation and Building Projects - The Reading
21
School Building Committee and the Reading School Committee
recommend a construction and renovation project at the
Joshua Eaton and Birch Meadow schools to provide for student
enrollment growth as well as for current program and space
requirements. Additional space is necessary for general
classrooms and Library/Media Center. Renovations are
required to upgrade both schools and to provide space for
guidance, health services, staff planning, and storage.
Space for special education and resource rooms for Chapter 1
and reading must be added. The School Committee has voted
to request $4,608,000 for the project.
Conservative enrollment projections indicate an additional
150-200 students will require classroom space by 1993. Ad-
ditional room is needed in the schools to accommodate this
growth. Without this space the schools will experience
severe overcrowding; two temporary classrooms have already
been placed at Joshua Eaton. The school population is ex-
pected to level off by 1998. The schools have been forced
to operate many required programs for special education and
increased services in reading and development programs out
of storage Closets. The structures are presently inadequate
for emerging programs and for the required expansion of the
libraries at both schools into true media centers.
The School Building Committee is requesting funding
authorization from the Town based on preliminary designs and
estimated costs. The State School Building Assistance
Bureau (SBAB) will not approve space requirements and
preliminary plans until the Town authorizes funding.
Authorization by the Town will be contingent on later SBAB
approval and assured reimbursement. The SBAB has reviewed
Reading's education specifications and preliminary building
plans and called this a "fundable project." Present legis-
lation will provide 66% reimbursement for capital and inter-
est costs. The project will take about 1 - 1-1/2 years to
complete with bonded indebtedness extending over 20 years.
This indebtedness will be minimized or eliminated if
proceeds from the sale of the Pearl Street School are util-
ized.
PROJECT CONSTRUCTION COSTS
Total Cost
SBAB Reimbursement
Gross Cost to Town
Costs for Preparing
Detailed Bid Documents
(included in above
construction estimate)
$4,608,000
2,042,000
$1,566,000
$ 386,500
Proceeds from Sale of
Pearl Street School Property $1,000,000 - $1,500,000
(see attachment)
22
Bylaw Committee Report No Report
Finance Committee Report Recommend 6 -2 -1
ARTICLE 27 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 holding a
special election for a referendum question under General Laws
Chapter 59, S21C relating to the subject matter of Article 26 of
this warrant, or take any other action with respect thereto.
School Committee
Background
Funding Special Election - Debt Exclusion - In order to
gain the agreement of. the public at large to fund the con-
struction of additions and renovations to Joshua Eaton
Elementary School and the Birch Meadow School, the Reading
School Committee proposes to submit a debt exclusion over-
ride petition question for voter approval.
Voters will be asked to vote yea or nay on the proposal to
exclude the debt incurred by the school construction project
from the Proposition 2 -1/2 tax limit until the debt is paid
off.
A special election in January would cost, as estimated by
the Reading Town Clerk who would oversee the election, a to-
tal of $10,000, plus police details in the amount of $2,000.
Bylaw Committee Report No Report
Finance Committee Report Recommend 5 -3 -1
.uiGV4i V11 1.V.L L.11G VVG1L.LU= VU1==)L..LV11 Lit:!-
cause of the timing of filing all required requests for
reimbursement.
23
And you are directed to serve this Warrant by posting an at-
tested copy thereof in at least three (3) public places in each
precinct of the Town not less than fourteen (14) days prior to
November 13, 1990, 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 Meet-
ing Member at least fourteen (14) days prior to the time of hold-
ing 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 ap-
pointed for said meeting.
Given under our hands 2iis 25t' d of September, 1990.
uss 11 T. raham, Chairman
.e-1)
Daniel A. Ensminger, Vi a Chairman
Georg?vl*."' Hines, Secretary
S'a 11 Ho tj
Eugene R. Nigro
SELECTMEN OF READING
24
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25
THE WETLANDS
PROTECTION ACT'
WHO CARES?
Who Cares?
The homeowner In Reading whose basement Is
flooded because of Inadequate drainago due to a
subdivision built on a marshy wet area. The land-
owner whose meadow is now a swamp because the
highway engineer was not concerned about the
dam his road was creating. Everyone in Reading
who is concerned with the quality and abundance
of our drinking water. The responsible developer
because a development which respects natural
systems is not only good for the town, but also is
good for his pocketbook. The Irresponsible devel-
oper who will encounter costly delays and court
action if he chooses to Ignore the law. ANYONE
who cares how his actions can affect the other guy.
_1
READING
CONSERVATION COMMISSION
16'LOWELL STREET
READING, MA 01667
Background - Article 4
What is the Wetlands Protection Act?
The Wetlands Protection Act requires that any
person who wants to alter a wetland or modify a
stream must first request permission from the local
Conservation Commission. Permission is obtained
by filing an application and supporting documenta-
tion which shows that certain environmental In-
terests will not be damaged. The local Conserva-
tion Commission will hold a public hearing and
based on the information supplied, allow work to
proceed if it is shown that the project is designed
to protect the interests described.
What Is a wetland?
A wetland is any wet meadow, marsh, swamp or
bog — an area where water Is at the land surface
for a large portion of the growing season. The
different types of wetlands are defined in the Act
by their distinctive plant life. Ponds, lakes, brooks,
streams and intermittent waterways are also
subject to the Act as is 11and which will be flooded
in the severe "100 year" storm.
If the land is wet, an application to modify a
wetland is needed. Remember that if work is done
within 100 feet of these areas, a filing is necessary.
There are some areas that may be questionable,
If there is any question, the best thing to do Is
check with the Conservation Commission to see if
an area is subject to the law before you start
digging. If there is a disagreement as to applica.
bility of the law, the parties can appeal to an
appropriate state agency.
What work is subject to the Act?
There Is a technical definition of "work" and
"alteration." Many activities — filling a wetland,
grading and construction near a wetland, replacing
culverts — require a filing. If there is any doubt,
then you should ask the Conservation Commission.
The Commission may ask to see your- plans on
paper (not expensive engineering drawings!) so that
everyone will know, and agree, on what will be
done. That may seem like work but unfortunately
there are a few people who say one thing and do
another. So to avoid a hassle and protect yourself,
if there is a doubt ask before you start digging.
What are the interests to be protected?
Here they are:
Public or private water supply, ground water
supply, flood control, storm damage protec-
tion, prevention of pollution, protection of
fisheries and protection of wildlife
habitat.
26
How to file?
There is a standard form called a "Notice of
Intent" which Is to be sent to the ConservaV-n
Commission. Plans submitted should show tha(
interests above are protected. Certain state agen-
cies get copies. The requirements for information,
who to send the notice to, etc., are on the forms
themselves. They can be obtained at the Town
Clerk's office or from the Building Inspector.
What plans are required?
The plans must clearly show the location, nature
and design of the proposed work. Information on
any septic. systems involved should also be In-
cluded.
The Conservation Commission needs to know
how the project affects the environment. A small
project will not require as detailed plans as a very
large one. The Conservation Commission is not
particularly interested in making engineers rich, but
It is interested in protepting the interests of the
Wetlands Protection Act. See that the plans and
supporting documentation address the concerns of
the Act. Ask if you have questions.
How much does it cost?
Costs vary to file for a hearing. You have to pay
for legal notices, usually about $45. if you vior
the act, you can be fined up to525,000 per day, F,
up to two years in jail. Filing is cheaper.
How long does It take?
The Conservation Commission must hold a
hearing within 21 days after receiving a Notice of
Intent. The "Order of Conditions" — the ground
rules under which you can proceed with the project
— must be Issued within 21 days after the hearing.
What if you don't agree with the decision?
Within 10 days after the order is Issued, the
applicant (or an abutter, or ten Town residents, or
anyone aggrieved by the order) can appeal to the
State Department of Enviornmentai Quality En-
gineering, That agency must review the project and
write superseding orders within 70 days.
Any more questions?
The Wetlands Protection Act may seem complex.
It is that way because it must protect the environ-
ment, the rights of a person wanting to modify land
near wetlands, and the citizens of the Town. if you
have any questions or concerns, please contact the
Reading Conservation Commission at 942 -0(�
ext. 70.
Appendix to Background Statement for ARTICLE 4
4 Reading General Bylaws - Section 5.7 (formerly Article 32)
-- Wetlands Protection --
HISTORY AND SCOPE
The Reading Conservation Commission is charged with the
protection of wetlands and lands subject to flooding, pursuant to
Massachusetts General Laws, Chapter 131, Section 40 - the Wet-
lands Protection Act. The Commission is also empowered by the
Town of Reading General Bylaws to protect the floodplains and
wetlands of the Town, under the authority of the Reading Home
Rule Charter. To provide for this, the General Bylaws were
amended by the Subsequent Town Meeting November 13, 1979. The
amendments_ were approved by Francis X. Bellotti, Attorney
General, February 29, 1980.
The Town adopted Article 32 (now Section 5.7) of the General
Bylaws under its authority "to take the fullest advantage in-
herent in the Home Rule Amendment to the constitution of the
Commonwealth ", and "to secure for the Town all of the powers pos-
sible to secure under the constitution and statutes of the
Commonwealth" (from Reading Home Rule Charter). Section 5.7
paralleled the Wetlands Protection Act in many respects, and in-
corporated the applicable definitions, time frames and procedures
of the Act's regulations, which were promulgated July 28, 1978 as
310 CMR 10.00.
The State Act has been amended several times since then, and
the State regulations have received two major revisions as well.
The bylaw is no longer consistent with these revisions. There-
fore, the bylaw needs to be updated to reflect these changes, and
to make it a more workable document.
STATEMENT OF GENERAL PURPOSE
The Commission proposes to amend the reading General Bylaws:
• To eliminate confusion, and to consolidate, organize and
clearly define our standards;
• To incorporate the two major revisions of the State regula-
tions into an updated bylaw and regulations, for the purpose
of consistency;
o To recognize and incorporate current.technical standards;
• To continue to tailor the local bylaw and regulations to lo-
cal conditions; and
o To continue to maintain local control over local resources,
(r �` under the authority of the Reading Home Rule Charter.
27
Background - Article 4
BIRCH MEADOW SCHOOL
• The special needs classroom, situated in the former health room, is in substandard
condition; the space is undersized and nonfunctional.
• Counseling services are located in an area behind the stage; the space lacks proper
lighting and ventilation.
• The speech therapist is in the former dressing room behind the stage.
• Teaching aides must use the custodial rooms for meetings and preparation work.
• The Chapter I program has no assigned space; each day, the specialist must search
for a free classroom to work out of..
• The reading specialist operates that program out of the book storage closet, an
area with only one exit.
• The ESL specialist manages in another storage /supply closet.
JOSHUA EATON SCHOOL
• The principal's office is located in the school's entrance hall.
• The vapor barrier under the school is causing long -term damage to the building's ('
basic structure as well as corrosion of equipment.
• The Chapter I program is being carried out on the stage and in the hallway.
• Food preparation takes place in the gymnasium while classes are being taught.
• Physical education cannot be scheduled in the gymnasium for a two -hour period
in the middle of each day, since the area must be utilized as a cafeteria.
• The speech therapist is located in the space formerly occupied by the principal;
poor acoustics make therapy extremely difficult.
• Counseling services are situated in an area of the former shower room.
IN BOTH SCHOOLS
• The library facilities in both schools are extremely substandard; each area allows
for no group work or other study functions, and there is no space for computers
or other research enhancement tools.
• Neither school has adequate areas in which personnel can conduct small working
meetings; i.e., core evaluations and curriculum discussions. Educational activities �^
are often cancelled to provide space for these meetings.
• Art and music in both schools lack proper teaching spaces; storage is inadequate.
"Art on a Cart" is limiting and difficult for both teacher and students.
28
SCHOOL BUILDING COMMITTEE
FACT SHEET 1990
o The elementary school population is escalating at a rate higher than the projections
of the Space Needs Study Report. Future projections indicate a growth of approxi-
mately 150 elementary students, or the equivalent of an additional 5 to 6 classes,
by 1993.
• Moving some kindergartens to Reading Memorial High School beginning 1991 -92
is being discussed by the School Committee. This would mean additional transpor-
tation, administrative, and support staff costs.
• The cost of bussing students to schools outside their neighborhoods is exorbitant
and a drain on the public school budget. In a time of fiscal austerity, this money
would be better used in direct services for children.
• Renovations to Birch Meadow and Joshua Eaton Schools are necessary for the
preservation of the buildings, which are in need of basic structural work.
1
• Portable classrooms cost from $60,000 to $90,000 each (neither Birch Meadow nor
Joshua Eaton has space on its school grounds for any other portables).
• These deteriorating conditions seriously compromise the quality of education in our
community.
• Reopening Pearl Street School is not an option because:
the building is not located where the population is increasing;
redistricting would be required;
renovations would need to be comprehensive in order to return it to service as
a school;
cost to renovate would exceed the cost of adding on to another school;
using Pearl Street School would not address the renovation problems that would
still exist in other schools;
most classrooms are substandard size, especially for kindergarten;
the gymnasium is inadequate;
opening a fifth elementary school in the community would create ongoing addi-
tional administrative and support staff costs for a budget that is already
� strained.
M
1. Y j A�1Y:Ii0�t
,14 q I ttl*L% A'
• - •• •c - �.• ,rte. .►•. :i • -
� 'I
r
New Construction
Architec.'t.'ural. and H. E. P.
$ 985, 800.
OH + P @ 12.5$
123,500,
A.
Total New Construction Cast
$ 1,109,300.
B.
New Construction Area
10,156 SF
C.
Cost per Square Foot (A/B)
New Construction: $ 109.3 /SF
�sxyvat o
Architectural and M.E.P.
$ 492,650.
OH + P @ 12.5$
61,400.
D.
Total Penevatian Cost
$ 554,050.
E.
Renovation Area
37,789 SF
F.
Cost per Squaw Foot (D/E)
Pbanwation: $ 14.66/SF
19
aI Proi ect Budd, et
Building Cost (A + D)
$ 11663,350.
Site
34,000.
Site OH+P @ 12.5%
4,160.
Contingency @ 8%
135,68Q.
Teal Garotruction Budget
$ 11837t 140.
Indirect costs
320,000.
G.
'Total Project Budget
$ 2,157,190.
H.
Total Projec=t Area (B + E)
47,945 $F
J.
Cost per Square Foot (G/H)
Total Project: $ 44.99/SF
30
New )ngtructi
A=Iltec^tural and M. E. P.
CSI +P@ 12.5$
A. Total New Cxay.-truction Cost
8. Naw Construction Area
C. Cast Per Square Foot (A/Bj
Renovation
Atdlite(- a . and M.E.P.
CH + P @ 12.5
D• Total Pslzawation Cost
) E . P novat ion Area
F. OOSt Per S4uare Foot (D/E)
Total Prd ect DQ* eat
Building Cast (A + D)
Site
Site OH+P @ 12.5%
Contingency @ 8%
Total construction Budget
Indirect cats
G. Total Project Hudget
H. Total P.rojact ,.zsa (B + E)
J. Cast per Square Foot (G/H)
$ 1,252,400.
154,500
$ 1,406,900.
12,780 SF
$ 384,400.
46,400
$ 430,800.
38,244 SF
$ 1,837,700.
85,000.
10,600.
157,260
$ 2,090,560.
S 360 500
$ 2,451,060.
51,024 SF
31
p, fr, clew ;! Ce
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3?V.�LYLr1 IS �
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New Con'-ruttiam $ 110.09 /SF
Rn.= aticn: $ 11.26 /SF
Total Project: $ 48.04/SF
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Additions, -and Renovations to the
E.
THE PROPOSAL
The Reading School Building Committee recommends a construction and renovation project at
the Joshua Eaton and Birch Meadow schools to provide for student enrollment growth as
well as for current program and space requirements. Additional space is necessary for
general classrooms and a Library /Media Center. Renovations are required to upgrade both
schools and to provide space for Guidance, Health Services, Staff Planning, and Storage.
Space for Special Education and Resource Rooms, Chapter I and Reading also must be added.
THE NEED IS NOW- AND FOR TH
Conservative enrollment projections indicate an additional 150 -200 students will require
classroom space by 1993. Additional room is needed in the schools to accommodate this
growth. Without this space the schools will experience severe overcrowding; one
temporary classroom has already been built for the present school year. The school
population is expected to level off by 1998. The schools have been forced to operate
many required programs for special education and increased services in reading and
development programs out of storage closets. The structures are presently inadequate for
emerging programs and for the required expansion of the libraries at both schools into
true media centers.
Maintenance inefficiencies of the buildings must be addressed. Some of these issues are
being addressed partially with capital funds. Inspections indicate a serious need for
several repairs.
PROJECT APPROVAL
The School Building Committee is requesting funding authorization from the Town based on
preliminary designs and estimated costs. The State School Building Assistance Bureau
(SBAB), will not approve the project for reimbursement until the Town authorizes funding.
Authorization by the Town will be contingent on later SBAB approval and assured
reimbursement.
FUNDING
The SBAB has reviewed Reading's education specifications and preliminary building plans
and called this a "fundable project ". Present legislation will provide 66% reimbursement
for capital and interest costs; this rate must be renewed in 1990 and is expected to be
considerably reduced. The project will take about 1 1/2 years to complete with bonded
indebtedness extending over 20 years. This indebtedness will be minimized or eliminated
if proceeds from the sale of the Pearl Street School are utilized.
SPACE NEEDS OF THE READING SCHOOLS
Essentials In Priority Order:
° Additional classrooms for the projected elementary school level pupil population
increase.
# Expand the Media Centers at the Birch Meadow and Joshua Eaton Schools.
* Convert the auditorium into a cafetorium at the Joshua Eaton School.
* Replacement space for activities which now use the Bell Tower at the Joshua Eaton
School.
.1
/ " 24 P SPAC "
• i ! 1• � b � £ � j •l. ��
—
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- - 10 PAP M SPACES
1. 8. f
KEY
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t
q 1. Classrooms
2` F — _ 2. Kindergarten
t j 3. Library /Media
%/ . 1. 2• �� 6 6.� 7 VISITOR PARKtma 4• Caretorium
�I J S. Kitchen
i j ';
� 9 � a � 6. Gymnasium
7. Administration
1- 8. Resource
i 4• 7., 9. Special Education
/ s F,_.
SUMMER AV- READING, MA.
THE JOSHUA EATON ELEMENTARY SCHOOL
WHAT FACILITIES WILL THIS ADDITION CONTAIN ?
* New regulation -size Kindergarten (1):
1,200 sq.ft.
* New Library /Media Center:
2,200 sq.ft.
* 2 New regulation -size Classrooms:
1,800 sq.ft.
* 1 New Classroom to replace converted space:
900 sq.ft.
* New Reading Room:
300 sq.ft.
* New Toilet Rooms, Storage, and Circulation Spaces:
• 3.776 sg.ft,
Total, gross sq.ft. of new construction:
10,176 sq.ft.
WHAT RENOVATIONS WILL BE MADE 2
* Convert Auditorium into Cafeteria with Kitchen and with new platform in
original stage space.
* Move Administration Offices into present Library
* Convert existing Administration Offices into Teachers'
room, Workroom, and
Storage.
* Convert present Teachers' room into new Speech room.
* Convert present Classroom into Chapter I /Gifted /Talented
room and Art and Music
Storage.
* Renovate existing ramp to conform to the barrier -free code.
I.
. Post Oake BOX too
RaqdiM h4weachusem 01867
TOWN MEETING ARTICLE 26
Reading School Committee
Stanley Nissen chairman
Carol Lyons vice-chairman
George Shannon
Mary Williams
Barbara Philbrick
James Nally
In these times of fiscal slowdowns and
cutbacks, why is the Reading School Committee
adopting a construction project for school
additions And renovations? Are they lacking
in common sense? Have the members of the
School Committee lost touch with fiscal
reality?
Y9S, the Reading School Committee, the Superintendent of
Schools,-and Town Meeting's School Building Committee will be
Asking Town Meeting and the citizens of Reading to fund the
construction of additions and renovations to Joshua Eaton and
Birch Meadow elementary. schools.
No',, they have not lost their senses; and after long
consid ation they have embarked on a plan to convince Town
Meeting members and tax paying voters that the best "common
sense" may be to proceed with construction now even while cuts
are happening all through the school programs funded by the
Town's budgetl!
This new plan for consideration by the 1990 Town Meeting
has been revised in several ways to account for changes in our
economy.and our state.government since November 1989:
o Cost estimates for the additions and renovations
have been reduced from $5.6 million to $4.6
million by cutting back on the amount of capital
improvements to the building and by revising
contractor profit estimates.
o Community support and
project will be sought
.debt-exclusion override
a town-wide election in
this construction plan
add the modest costs f
tax bills.
endorsement for the
by seeking approval of a
of Proposition 2 1/2 at
January 1991. By voting
voters would agree to
)r the building to their
J
0 Town fathers would be encouraged to sell Pearl
Street property as soon as the sale is
financially worthwhile so that the assets could
be applied to reduce the extra tax burden of the
debt exclusion override.
o The prospects for state assistance are reason-
ably strong since both of the candidates for
governor have talked about priming the economic
pump through increased funding for construction
projects.
Good, common sense arrived
all the alternatives will show
renovate portions of the two
long range plan for Reading.
at by serious consideration of
that the plan to add rooms and
elementary schools is the best
Reading's $4.6 million dollar plan will be paid by 66%
state contribution of total costs for construction and lend
interest. Thus the $4.6 million dollar project will cost
Reading.$1.5 million in construction cost.
While Pearl Street School property may not bring in $1.5
today if it were sold, the value of Pearl Street School is
almost equal to the renovation /additions of Joshua Eaton and
Birch Meadow schools. When Pearl Street School is sold, it
will virtually wipe out the financial obligation the Town would
incur by doing the Joshua Eaton and Birch Meadow additions and
renovations.
The financial obligations of the construction program
would add two cents per $1,000 evaluation to the tax bills of
homeowners in the first two years and about something less than
thirty-six cents per $1,000 thereafter for the length of the
bonded indebtedness. The cost to owners of a $200,000 house
would be $3.44 in 1992 and 1993, and from 1994 on an annual
cost starting at $72.74 and decreasing four dollars a year
thereafter. When the Town sells the Pearl Street School
property, the financial obligation from construction project
costs can be paid off.
It is the School Committee's view of "common sense" that
this construction project done now will entail a modest tax
increaae which will be eliminated when better economic times in
a few years will result in a better sale price from Pearl
Street School property. And it is good common sense to get the
additions done now when construction prices are low and the new
political leaders of the State are ready to make major
construction expenditures on public projects.
The need for additions and renovations to Joshua Eaton and
Birch Meadow schools is greater than ever, and other
alternatives such as housing younger pupils at available space
at the Reading Memorial High School or reopening Pearl Street
School as a new elementary building are shortsighted and may
be, in the long run, more expensive a financial impact than
adding to and renovating Joshua Eaton and Birch Meadow schools.
What makes these alternatives expensive? By creating a fifth
administrative unit in our elementary schools, the costs of an
additional principal, secretary, library/media, and special
education specialists are added to the school system budget
each year. If we add to and renovate Joshua Eaton and Birch
Meadow schools, the pupils would be served by the existing
principal, librarian, etc. without adding "core services"
staff. No matter what course of action is chosen - - Birch
Meadow/Joshua Eaton, Pearl or an elementary school within the
Reading Memorial High School - - teachers may have to be added
- - as long as the pupil enrollments continue to rise.
If money had to be invested to reopen Pearl Street School
as a new elementary school or renovate part of Reading Memorial
High School as an elementary school or middle school, the costs
would probably be less than the $4.6 million proposed for the
Birch Meadow/Joshua Eaton project, but the need to address the
building-use problems at Joshua Eaton and Birch Meadow schools
would remain as major inadequacies in the Reading Public
Schools.
This School Building Plan is the result of years of
deliberation and study by the School Committee and other
interested citizens and taxpayers. Some years ago the School
Committee commissioned a Citizen Task Force to address these
issues. Later, it asked the Reading Town Meeting to appoint a
School Building Construction Committee. It has spent countless
meetings reviewing recommendations and program alternatives
before deciding to ask the Reading Town Meeting and the voters
of Reading to endorse the Birch Meadow/Joshua Eaton
construction projects.
Good "common sense" for Reading and its future would argue
for adoption of the School Committee's plan.
RJM/dfw
10/19/90
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Additions and Renovations to the
JOSHUA EATON and BIRCH MEADOW
ELEMENTARY SCHOOLS
1989 Project Cost:
$5,400,000 Total Project
$3,600,000 SBAB Reimburse
$1,800,000 Cost to Town
199► Project Cost:
$4,608,000 Total Project
$3,041,280 SBAB Reimburse
$ 1,566,720 Cost to Town
The 1990 project has been reduced because of the f ol ]owing:
9 O.C. overhead and profit reduced to 12.5% to reflect market conditions
• Contingency reduced to 8%
o Most capital items eliminated
® Selected renovation items eliminated
o Most of site work eliminated
JOSHUA EATON
Building Shell
$876,100
MEP
602,350
Site Prep,
34,000
OH & Profit
189,000
Contingency
135,000
Site
7,000
Consultant
217,000
Const. Super.
35,000
Furn./Equip.
15,000
Bidding/Legal
16,000
TOTAL $2,156,450
BIRCH MEADOW
Building Shel 1
$998,700
MEP
638,100
Site Prep,
85,000
OH & Profit
215,000
Contingency
154,250
Site
13,000
Consultant
241,500
Const. Super.
35,000
Furn./Equip.
55,000
Bidding/Legal
16,000
TOTAL $2,451,550
j�Av —t ..
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BIRCH MEADOW
READING, NIA.
THE BIRCH MEADOW ELEMENTARY SCHOOL
WHAT FACILITIES WILL THIS ADDITION_ CONTAIN?
S r'
op %
IJ
to KEY
1. Classrooms
2. Kindergarten
3. Library /Media
4. Cafetorium
5. Kitchen
6. Gymnasium
7. Administration
8. Resource
9. Special Education
&I►
1 �
* Partial new construction for Library /Media Center:
1,100 sq.ft.
* 5 New regulation -size Classroom for projected.
population increase:
4,775 sq.ft.
* 3 New Classrooms to replace converted spaces:
2,865 sq.ft.
* New Storage spaces including Art + Music Storage:
600 sq.ft.
* Partial new construction for Administration Offices:
560 sq.ft.
* New Entrance and Circulation Spaces:
. 2.882 sg.ft.
Total gross sq.ft. of new construction:
12,782 sq.ft.
WHAT RENOVATIONS WILL BE MADE
* Convert existing Teachers' room and Janitor space into part of
the
Library /Media Center.
* Reorganize existing Administration Office spaces.
* Reorganize existing Kitchen spaces and add new Janitor space.
* Convert present Classrooms (3) into Speech, Chapter I /Gifted and Talented,
Workroom, Teachers' room, Conference, and Reading rooms.
* Convert part of the Storage room into Gym Office.
* Provide ramps in order to conform to barrier -free code.
PROJECT COST
Total Cost:
$ 5,643,000.
SBAB Reimbursment:
.3-724,400,
Gross Cost to Town:
$ 1,918,600.
Proceeds from sale of
1700
Pcarl Street Property:
$ 1,500,000:
2,000,000,
Potential Net Cost
to Town: $ 0 - 418,600.
L COMMITTEE
* Stanley Nissen, Chair.
* Carol Lyons, Vice- Chair.
* Margaret Cowell
* Barbara Philbrick
* George Shannon
* Mary Williams
* Thomas Fuller, Student Representative
SUPERINTENDENT'S OFFICE
* Dr. Robert J. Munnelly, Superintendent
* Lynn M. Bak, Assistant Superintendent
* Ronald A. Winslow, Assistant Superintendent
Reading School Building Committee
365 Summer Avenue
Reading, MA 01867
K -5 GROWTH PROJECTIONS
HOOL BUILD
° Donald Farnham, Chair.
* Margaret Cowell
* Robin D'Antona
* Robert Grasso
° Marthanne Pressey
* Roger O. Sanstad
Prepared by The Design Partnership of Cambridge, Inc.
Projected IN
1750
Actual Em
1700
a�
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m
1650
rn
w
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a
1600
`m
E
1550
Z
1500
Year
87/88
88/89
89/90
90/9191192
92/93
Projected
(1578)
(1574)
(1610)
(1703)
(1727)
(1742)
Actual
1634
1652
1685
HOOL BUILD
° Donald Farnham, Chair.
* Margaret Cowell
* Robin D'Antona
* Robert Grasso
° Marthanne Pressey
* Roger O. Sanstad
Prepared by The Design Partnership of Cambridge, Inc.