HomeMy WebLinkAbout2009 Annual Report - Legislative BodyCOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on March 11, 2009 notified and warned the
inhabitants of the Town of Reading; qualified to vote on Town affairs, to meet at the place
and at the time specified by posting attested copies of this Town .Meeting. Warrant in. the
following public places within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2 Peter Sanborn Place, 50 Bay State Road
Precinct 3 Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Austin Preparatory School, 101 Willow Street
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Wood End School, 85 Sunset Rock Lane
The date of posting being not less than fourteen (14) days prior to April 7, 2009, the date set
for the Local Election in this Warrant.
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue of March 12, 2009.
A true copy. A
Meryl A Johnson, own Clerk
1
143
IZ Alan W. Ulrich, Constable
TOWN WARRANT
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in the Presidential
Primary and Local Elections and Town affairs, to meet in the following place designated for
the eight precincts in said Town, namely:
Precincts 1, 2, 3, 4, 5, 6, 7 and 8
RMHS Hawkes Field House, Oakland Road
TUESDAY, the SEVENTH DAY OF APRIL, A.D., 2009
from 7:00 a.m. to 8:00 p.m. to act on the following Articles, viz:
ARTICLE 1 To elect by ballot the following Town Officers:
A Moderator for one year;'
One member of the Board of Selectmen for three years;
One member of the Board of.Assessors for three years;
Two members of the Board of Library Trustees for three years;
Two members of the Municipal Light Board for three years.;
Two members of the School Committee for three years; and
Sixty five Town Meeting Members shall be elected to represent each
of the following precincts:
Precinct 1
Eight members for three years;
Precinct 2
Eight members for three years; one member for one year;
Precinct 3
Eight members for three years;
Precinct 4
Eight members for three years;
Precinct 5
Eight members for three years;
Precinct 6
Eight members for three years;
Precinct 7
Eight members for three years; and
Precinct 8
Eight members for.three years.
R111*111 olkis
Shall the Board
of Selectmen be granted
the authority
to issue licenses
for the sale of
all alcohol beverages to be
consumed on
the premises to
restaurants with
a seating capacity of
less than
100 persons?
Yes No
Summary.- Currently, the Board of Selectmen may only issue an all alcohol beverage license
to a restaurant that has a seating capacity of not less than 900 persons. An affirmative vote
under this question would permit the Board to issue all alcoholic beverage licenses to those .
restaurants that do not meet the minimum seating -capacity for 900 patrons. The Board
believes that such a reduction will benefit smaller restaurants in Town. The license will be
subject to rules and regulations established by the Board of Selectmen as well as all other
provisions of Massachusetts General Laws, Chapter 938. Approval of this measure will not
change the total number of restaurant licenses (all alcoholic or wine and malt) that can be
issued in the Town.
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144
and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading on
MONDAY, the TWENTY- SEVENTH DAY OF APRIL A.D., 2009
at seven - thirty o'clock in the evening, at which time and place the following Articles are to be
acted upon and determined exclusively by Town Meeting Members in accordance with the
provisions of the Reading Home Rule Charter.
ARTICLE 2 To hear and act on the reports of the Board of Selectmen, Town
Accountant, Treasurer- Collector, Board of Assessors, Director of Public Works, Town Clerk,
Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library
Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community
Planning & Development Commission, Town Manager and any- other Official, Board or
Special Committee.
Board of Selectmen
ARTICLE 3 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 vote to appropriate by borrowing or transfer from available
funds, or otherwise, for the purpose of funding Town Officers and Special Committees, to
carry out the instructions -given to them, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 4 To see if the Town will vote to amend the FY 2009 - FY 2018 Capital
Improvements Program as provided for in Section 7 -7 of the Reading Home Rule Charter
and as previously amended, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 5 To see if the Town will vote to amend one or more of the votes taken
under Article 11 of the Warrant of the Annual Town Meeting of April 28, 2008, as amended
under Article 4 of the November 10, 2008 Subsequent Town Meeting; and to see what sum
the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise,
as the result of any such amended votes for the operation of the Town and its government,
or take any other action with respect thereto.
Finance Committee
ARTICLE 6 To see if the Town will vote to authorize the payment during Fiscal
Year 2009 of bills remaining unpaid for previous fiscal years for goods and services actually
rendered to the Town, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 7 To see if the Town will vote to approve the FY 2010 — FY 2019 Capital
Improvements Program as provided for in Section 7 -7 of the Reading Home Ruie Charter, or
take any other action with respect thereto.
Board of Selectmen
3
145
ARTICLE 8 To see what sum the Town will vote to appropriate by borrowing,
whether in anticipation of reimbursement from the State under Chapter 44, Section . 6,
Massachusetts General Laws,, or pursuant to any other enabling authority or from the tax
levy, or transfer from available funds, or otherwise, for highway projects in accordance with
Chapter 90, Massachusetts General Laws, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 9 To see if the Town will vote to authorize the Board of Selectmen to
sell, or exchange, or dispose of, upon such terms and conditions as they may determine,
various items of Town tangible property, or.take any other action with respect thereto.
Board of Selectmen
ARTICLE 10 To see if the Town will vote to transfer the sum of One Hundred and
Twenty Five Thousand Dollars ($125,000) from the sale of real estate fund for the purpose of
designing a building or buildings to replace the present service building in the Laurel Hill
Cemetery including but not limited to design specifications, test borings, surveying and any
other items incidental thereto, said funds to be expended by and under the direction of the
Town Manager, and that the Town Treasurer be and hereby is authorized and instructed to
transfer said sum to carry out the purpose of this vote, or take any other action with respect
thereto.
Board of Cemetery Trustees
ARTICLE 11 To see if the Town will vote to authorize revolving funds for certain
Town Departments under Massachusetts General Laws, Chapter 44, Section 53E '/2 for the
fiscal year beginning July 1, 2009 with the receipts, as specified, credited to each fund, the
purposes, as listed, for which each fund may be spent, the maximum amount that may be
spent from each fund for the fiscal year, and the disposition of the balance of each fund at
fiscal year end.
Revolving
Account
Spending
Authority
Revenue
Source
Allowed
Expenses
Expenditure
Limits
Year End
Balance
Consulting and
engineering
Fees As provided
services for the
for in Reading
review of designs
$25,000
Conservation
General Bylaws
and engineering
Available
Commission
Section 5.7,
work for the
for
Consulting
Conservation
Wetlands
protection of
expenditure
Fees
Commission
Protection
wetlands.
next year
Legal, oversight
and inspection, plan
Building
review, initial
Plumbing, Wiring,
property appraisals
Gas and other
and appeals,
permits for the
Community
$200,000
Walkers Brook
Services general
Crossing,
management,
Available
Inspection
Archstone and
landfill monitoring
for
Revolving
Town
Johnson Woods
costs, curb
expenditure
Fund
Manager
developments
sidewalks and
next year
4
146
or take any other action with respect thereto
Board of Selectmen
ARTICLE 12 To see if the Town will vote to establish a stabilization fund, or take
any other action with respect thereto.
Board of Selectmen
ARTICLE 13 To see what sum the Town will vote to transfer to the Water Enterprise
Fund, sums of money received during FY 2009 and which may be received.in subsequent
years as a result of the settlement of the so- called MTBE litigation, or take any other action
with respect thereto.
Board of Selectmen
ARTICLE 14 To see if the Town will vote to determine how much money the Town
will appropriate, by borrowing, or from the tax levy, or transfer from available funds, or
otherwise, for the operation of the Town and its government for Fiscal Year 2010 beginning
July 1, 2009, or take any other action with respect thereto.
Finance Committee
ARTICLE 15 To see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of making energy and water
conservation and similar Ir proverfief Its to T own � owned properties, i iduuii ig i ne costs of
consulting services, audits, plans, documents, cost estimates, bidding services and all
related expenses incidental thereto and necessary in connection therewith, said sum to be
expended by and under the direction of the Superintendent of Schools and the Town
Manager; and to see if the Town will authorize the School Committee, Board of Selectmen,
Superintendent of Schools, Town Manager, or any other agency of the Town, to apply for a
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147
pedestrian safety
improvements,
records archiving
and other project
related costs.
Vaccines, materials
for screening clinics
and clinical supply
costs, medical
equipment and
$25,000
supplies,
Available
Public Health
Clinic fees and
immunizations,
for
Clinics and
Board of
third party
educational
expenditure
Services
Health
reimbursements
materials
next year
Acquire Library
Available
Library
Library
Charges for lost
materials to replace
$15,000
or
Materials
Director and
or damaged
lost or damaged
expenditure
Replacement
Trustees
Library materials
items
next year
Utilities and all
Available
Mattera
other maintenance
$10, 000
for
Cabin
Recreation
and operating
expenditure
Operating
Administrator
Rental Fees
expenses
next year
or take any other action with respect thereto
Board of Selectmen
ARTICLE 12 To see if the Town will vote to establish a stabilization fund, or take
any other action with respect thereto.
Board of Selectmen
ARTICLE 13 To see what sum the Town will vote to transfer to the Water Enterprise
Fund, sums of money received during FY 2009 and which may be received.in subsequent
years as a result of the settlement of the so- called MTBE litigation, or take any other action
with respect thereto.
Board of Selectmen
ARTICLE 14 To see if the Town will vote to determine how much money the Town
will appropriate, by borrowing, or from the tax levy, or transfer from available funds, or
otherwise, for the operation of the Town and its government for Fiscal Year 2010 beginning
July 1, 2009, or take any other action with respect thereto.
Finance Committee
ARTICLE 15 To see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of making energy and water
conservation and similar Ir proverfief Its to T own � owned properties, i iduuii ig i ne costs of
consulting services, audits, plans, documents, cost estimates, bidding services and all
related expenses incidental thereto and necessary in connection therewith, said sum to be
expended by and under the direction of the Superintendent of Schools and the Town
Manager; and to see if the Town will authorize the School Committee, Board of Selectmen,
Superintendent of Schools, Town Manager, or any other agency of the Town, to apply for a
5
147
grant or grants, to be used to defray the cost of all, or any part of, said energy and water
conservation improvements; and to authorize the Superintendent of Schools and /or the Town
Manager to enter into any and all contracts and agreements as may be necessary to carry
out the purposes of this Article, or take any other action with respect thereto.
School Committee
ARTICLE 16 To see if the Town will vote to amend the Town of Reading General
Bylaws, Article 3, Section 3.1 Board of Selectmen, by adding a new section as follows:
3.1.2 Whenever a decision of
Commission, Zoning Board of Appeals or
conveyance of land, or any interest therein,
Town for nominal consideration, the Boar d
conveyance on behalf of the Town
or take any other action with respect thereto.
the Community Development and Planning
Conservation Commission provides for the
including but not limited to easements, to the
of Selectmen is authorized to accept said
Board of Selectmen
ARTICLE 17 To see if the Town will vote to adopt the following bylaw as Section
5.5.10 of the Reading General Bylaws:
Section 5 5 10 - Public Consumption of Marijuana or Tetrahydrocannabinol
No person shall smoke, ingest or otherwise use or consume marijuana or
tetrahydrocannabinol (as defined in G.L. c. 94C, 1, as amended) while in or upon any street,
sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach,
recreation area, boat landing, public building, school ,house, school grounds, cemetery,
parking lot or any area owned by or under the control of the Town; or in or upon any bus or
other passenger conveyance operated by a common carrier, or in any place accessible to
the public.
This bylaw may be enforced through any lawful means in law or in equity including but not
limited to enforcement by criminal indictment or complaint pursuant to G.L. C. 40, §21, or by
noncriminal disposition pursuant to G.L. c. 40, §21D, by the Board of Selectmen, the Town
Manager, or their duly authorized agents or any Police Officer. The fine for violation of this
bylaw shall be Three Hundred Dollars ($300.00) for each offense. Any penalty imposed
under this bylaw -shall be in addition to any civil penalty imposed under G.L. c. 94C, §32L,
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 18 To see if the Town will vote to amend the Town of Reading Zoning By-
Laws as follows: (words in italics denotes new language)
To amend Section 5.1.2, Table of Dimensional Controls, to reduce the minimum front yard
setback in the Business -A Zoning District from fifty (50) feet to fifteen (15) feet for one or two
family dwellings, apartments, and other permitted principal uses; and
To amend Section 4.9.7.2.b so that the By -Law provision reads as follows: "The minimum
front, side and rear yard requirements shall be the same as in the underlying districts except
that the minimum front yard set -back may be as little as 30 feet if there is no parking in the
front yard and except in the Business A district the front yard setback shall be fifteen (15) feet
for one or two family dwellings, apartments, and other permitted principal uses'; or to take
any other action with respect thereto
Community Planning and Development Commission
ARTICLE 19 To see if the Town will vote to amend Paragraph a. of Section 4.9.7.2.
of the Reading Zoning By -Laws, by inserting the parenthetical words, "(other than financial
institution and/or pharmacy drive -thru uses)'; after the words "drive -thru uses ", so that
Paragraph a. of Section 4.9.7.2 reads as follows:
a. Within a PUD -B Overlay District, any portion of land that is within the underlying
Business A District or within 30 feet of the underlying Business A District zoning
boundary line may be used for those various uses allowed within the underlying
Business A District, excepting that Automotive Uses and enclosed storage as a
primary use as listed in the Table of Uses in Section 4.2.2 (Table of Uses), and
fast food restaurant or drive -thru uses (other than financial institution and/or
pharmacy drive -thru uses) shall not be allowed.
Or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 20 To see if the Town will vote'; pursuant to Section 2 -6 of the Reading
Home Rule Charter, to declare the seats of certain Town Meeting Members to be vacant and
remove certain described persons from their position as Town Meeting Members for failure to
take the oath of office within 30 days following the notice of election or for failure to attend
one half or more of the Town Meeting sessions during the previous year, or take any other
action with respect thereto:
Precinct 1
Mark L. Dockser
Jane M. Spano
Precinct 2
Mary Frances Grimmer
George A. Snow
Precinct 3
David A. Craven
Albert Garbarino
Catherine L. Martin
John Michael O'Leary
Kathleen M. Tibbetts,
Precinct 4
Paul J. Baratta
Precinct 5
Frederick S. Shaffer
Precinct 7
C. Ellen Commito
Precinct 8
Andrew Patrick Murphy
Board of Selectmen
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149
and you are directed to serve this Warrant by posting an attested copy thereof in at least one
(1) public place in each precinct of the Town not less than fourteen (14) days prior to April 7,
2009, the date set for the Election in said Warrant, and to publish this Warrant in a
newspaper published in the Town, or providing in a manner such as electronic submission,
holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting
Member.
.Hereof fail not and make due return of this Warrant with your doings thereon to the
Town Clerk at or before the time appointed for said meeting.
Given under our hands this 10th day of March, 2009.
St en A. Goldy, Chairman
Aig'n W. Ulrich, Constable
8
150
Ben Tafoya, Vice Chairman
James E. Bonazoli, c eta ry /
n
W. Antnony
�Ij` j � I
Richard W. Schubert
SELECTMEN OF READING
LOCAL ELECTION
April 7, 2009
Pursuant to the Warrant and the Constables Return thereon, a Local Election was held for
all eight precincts at the Hawkes Field House. The Warrant was partially read by the Town Clerk,
Cheryl A. Johnson, when on motion of Frederick Van Magness, Precinct 1, it was voted to
dispense with the further reading of the Warrant, except the Constable's Return, which was then
read by the Town Clerk. The ballot boxes were examined by the respective Wardens and each
was found to be empty and registered at 000.
The Town Clerk declared the polls open at 7:00 a.m. and closed at 8:00 p.m., with the following
results:
655 ballots (4 %) of registered voters cast as follows:
Moderator for one year - Vote for One
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Alan E. Foulds*
87
59
55
70
60
77
96
58
562
Other
Other
1
1
2
1
t 1
3
Blanks
1 8
3
3
18
10
9
23
16
90
Total
1 951
621
581
881
711
881
1191
741
655
*Elected
*Elected
Board of Selectmen for three years - Vote for One
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
I Pr 6
Pr 7
Pr 8
Total
Camille W. Anthony*
73
56
52
68
57
75
89
50
520
Other
Other
1
1
t 1
3
Blanks
22
6
6
19
14
13
29
23
132
Total
951
621
581
881
71
88
119
74
655
*Elected
*Elected
Board of Assessors for three years - Vote
for One
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Robert I. Nordstrand*
76
57
54
65
56
76
89
66
539
Other
1
1
2
Blanks
19
5
A
23
15
11
30
7
114
Total
1 951
621
581
881
711
881
1191
74
655
*Elected
151
Board of Library Trustees for three years - Vote for
Two
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Karyn A. Storti*
73
53
51
62
55
70
92
50
506
Jeffrey M. Doucette*
69
49
45
58
45
61
90
47
464
Other
48
1 2
1
1
1
1
0
50
Blanks
1
22
20
56
42
44
55
51
290
Total
190
124
116
176
142
176
238
148
1310
* Elected-
Lin Crosman- Chabra*
47
Municipal Light Board for three years - Vote for Two
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Richard S. Hahn*
69
46
46
51
52
64
81
49
458
Mary Ellen O'Neill*
71
53
52
57
50
72
80
52
487
Other
74
Nancy Huntington- Stager*
1 2
1
1
3
0
0
Blanks
50
25
18
68
40
40
77
47
365
Total
190
124
116
176
142
176
238
148
1310
*Elected
53
Lin Crosman- Chabra*
47
School Committee for three years -Vote for Two
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Christopher Caruso*
73
54
49
61
52
70
100
50
509
David C. Michaud*
67
47
49
55
49
60
88
48
463
Other
74
Nancy Huntington- Stager*
1 2
1
1
3
3
10
Blanks
50
23
16
59
41
45
47
47
328
Total
190
124
116
176
142
176
238
148
1310
*Elected
53
Lin Crosman- Chabra*
47
Town Meeting Members for
three years - Vote for not more
than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Thomas William Connery*
72
72
Nancy A. Docktor*
74
74
Nancy Huntington- Stager*
60
60
David Francis Lee, Jr.*
64
64
Francis J. Andrews*
53
53
Lin Crosman- Chabra*
47
47
Andrew K. Herlihy*
61
61
Christopher M. Koury
44
44
James E. Stager*
54
54
Other
2
2
Blanks
229
229
Total
760
760
*Elected
152
Town Meeting Members for three years - Vote for not more
than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Christine Ford*
53
44
53
Rita C. Robertson*
49
43
49
Karen T. Janowski*
56
43
56
Robert R. Morelli*
541
47
54
Richard J. Moore*
5
43
5
Thomas B. O'Rourke*
1
45
1
Other
46
46
0
Blanks
278
10
278
Total
4961
6
496
L* Elected
3
3
Blanks
Town Meeting Member for one year - Vote for not more than
One
Candidate
Pr 1
Pr 2
_Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Other
44
44
0
Blanks
62
43
62
Total
62
43
62
I*Elected
47
47
Nicholas J. Safina*
Town Meeting Members for three years - Vote for not more than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Christopher L. Brungardt*
44
44
Stephen L. Crook*
43
43
Joseph M. D'Alessio*
43
43
Francis P. Driscoll*
47
47
Nicholas J. Safina*
43
43
David B. Tuttle*
45
45
Joseph P. Westerman*
46
46
Eileen SK. Rojas*
10
10
William M. Hank
6
6
Other
3
3
Blanks
134
134
Total
464
464
I* Elected
I* Elected
3
153
Town Meeting Members for three years - Vote for not more
than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Jonathan E. Barnes*
51
48
68
51
Lynne H. Cameron*
57
44
65
57
Glen M. Hartzler*
55
45
63
55
Michelle M. Hopkinson*
58
441
63
58'
James G. Lenox*
59
45
61
59
Thomas J. Loughlin*
53
47
69
53
Lori L. Vinciguerra*
62
46
69
62
Kara M. Fratto*
55
1
13
55
Other ,
0
13
0
Blanks
254
248
220
254
Total
704
568
704
704
*Elected
Town Meeting Members for three years - Vote for not more
than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Bernard Daniel Cotter Sr.*
48
68
48
Bo. S. Garrison*
44
65
44
Eleanor K. Higgott*
45
63
45
Lawrence E. Mabius*
441
63
44
Gina A Snyder*
45
61
45
Linda L. Anderson*
47
69
47
Philip Rushworth*
46
69
46
Hubert Hubik*
1
13
1
Other
0
13
0
Blanks
248
220
248
Total
568
704
568
,*Elected
Town Meeting Members for three years - Vote for not more
than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Barry C. Berman*
68
68
James E. Bonazoli*
65
65
James P. Mulvey*
63
63'
J. Thomas Parr*
63
63
Mary M. Parr*
61
61
Chuck Robinson*
69
69
Mary Ellen O'Neill*
69
69
Beverly Lynn Smith*
13
13
Other
13
13
Blanks
220
220
Total
704
704
1* Elected
154
Town Meeting Members for three years - Vote for not more
than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Martin J. Foodman*
41
39
67
49
68
92
77
44
77
Moira McGoldrick*
15
13
18
15
16
17
75
45
75
Jeffrey W. Struble*
6
6
3
7
4
10
83
43
83
Denise D. Wyer*
621
581
881
711
881
1191
87
40
87
Jeffrey M. Doucette*
81
43
81
Mario Arturo Jarrin Hurtado*
75
39
75
Karl E. Weld*
79
40
79
Jesse M. Downing*
9
8
9
Other
141
6
14
Blanks
3721
6
372
Total
952
2781
952
*Elected
5921
592
Town Meeting Members for
three years -Vote for not more than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
John E. Brzezenski*
41
39
67
49
68
92
51
44
44
William O. Finch*
15
13
18
15
16
17
15
45
45
Karen Gately Herrick*
6
6
3
7
4
10
8
43
43
L. Scott Davarich*
621
581
881
711
881
1191
741
40
40
Charles S. Ehl*
43
43
Bruce A. MacKenzie*
39
39
Elizabeth H. Rogers*
40
40
Richard J. Stosez*
8
8
James L. Sopchak
6
6
Other
6
6
Blanks
2781
278
Total
5921
592
I* Elected
Question 1
Shall the Board of Selectmen be granted the authority to issue licenses for the sale of all alcohol beverages
to be consumed on the premises to restaurants with a seating capacity of less than one hundred persons?
Pr 1
Pr 2
Pr 3
Pr. 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Yes
76
41
39
67
49
68
92
51
483
No
13
15
13
18
15
16
17
15
122
Blanks
6
6
6
3
7
4
10
8
50
Total
951
621
581
881
711
881
1191
741
655
A true copy. Attest:
Cheryl A. Johnson
Town Clerk
155
Town Meeting Members for three years - Vote for not more
than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Martin J. Foodman*
41
39
67
49
68
92
77
44
77
Moira McGoldrick*
15
13
18
15
16
17
75
45
75
Jeffrey W. Struble*
6
6
3
7
4
10
83
43
83
Denise D. Wyer*
621
581
881
711
88
1191
87
40
87
Jeffrey M. Doucette*
81
43
81
Mario Arturo Jarrin Hurtado*
75
39
75
Karl E. Weld*
79
40
79
Jesse M. Downing*
9
8
9
Other
14
6
14
Blanks
372
6
372
Total
952
278
952
*Elected
592
592
Town Meeting Members for three years - Vote for not more
than Eight
Candidate
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
John E. Brzezenski*
41
39
67
49
68
92
51
44
44
William O. Finch*
15
13
18
15
16
17
15
45
45
Karen Gately Herrick*
6
6
3
7
4
10
8
43
43'
L. Scott Davarich*
621
581
881
711
88
1191
741
40
40
Charles S. Ehl*
43
43
Bruce A. MacKenzie*
39
39
Elizabeth H. Rogers*
40
40
Richard J. Stosez*
8
8
James L. Sopchak
6
6
Other
6
6
Blanks
278
278
Total
592
592
I* Elected
Question 1
Shall the Board of Selectmen be granted the authority to issue licenses for the sale of all alcohol beverages
to be consumed on the premises to restaurants with a seating capacity of less than one hundred persons?
Pr 1
Pr 2
Pr 3
Pr 4
Pr 5
Pr 6
Pr 7
Pr 8
Total
Yes
76
41
39
67
49
68
92
51
483
No
13
15
13
18
15
16
17
15
122
Blanks
6
6
6
3
7
4
10
8
50
Total
951
621
581
881
711
88
1191
741
655
A t copy. Attest:
e Johnson /
Town erk
156
ANNUAL TOWN MEETING
Reading Memorial High School April 27, 2009
Town Clerk Cheryl Johnson sworn in elected Town Meeting members before their
precinct meetings. Precincts 2 and 5 did not appoint anyone to fill a vacated seat until the
next local election.
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:42 p.m., there
being a quorum present. The Invocation was given by Philip B. Pacino, Precinct 5
followed by the Pledge of Allegiance to the Flag_ All newly -.elected and appointed Town
Meeting Members were sworn in by the Moderator.
The Warrant was partially read by the Town Clerk, Cheryl A. Johnson, when on motion
by Stephen Goldy, Chairman of the Board of Selectmen, it was voted to dispense with
further reading of the Warrant except for the Officer's Return, which was read by the
Town Clerk.
ARTICLE 2 — Chairman of the Board of Selectman Stephen Goldy gave the following
State of the Town Report:
Thank you Mr. Moderator and Town Meeting Members.
Thank you to my colleagues on the Board of Selectmen for giving me the honor and
privilege of addressing this body about the state of the Town of Reading.
Peter Hechenbleikner, Bob LeLacheur, Members of Town Staff, Pat Schettini, members
of the school committee and staff; thank you for joining me here tonight.
Congratulations and welcome back to those re- elected members of Town Meeting and all
other offices in town.
Congratulations and welcome to all members just sworn in tonight. The responsibility
you have taken on will shape and enhance the future of Reading. The responsibility to
discuss debate and decide what is important for our community. We all as individuals
here tonight strive to achieve the best place to live and raise a family. I know that
everyone here works hard to reach that goal. Once in a while I wonder why I take on this
type of responsibility. I answer that with a quote or more a challenge from Homer. He
stated in the Illiad: "Failing your .community is the greatest failure of all!"
Turbulent and extraordinary times:
Words that describe the state of our economy at the federal level, at the state level and
most importantly right here at home. Turbulent and extraordinary does not have to result
in a negative outcome. Surviving turbulent and extraordinary, calls for sacrifice and
change.
Annual Town Meeting
April 27, 2009
157
As we enter into difficult and important budget discussions, one thing I ask Town
Meeting to remember tonight is that our neighbors are also experiencing extraordinary
economic hardships. Residents are concerned about or coping with job losses and local
businesses are struggling with reduced revenues and escalating expenses.
Dreams, opportunities and dilemmas:
In February of last year members of this community participated in a community
conversation. Themes that emerged from that conversation can be categorized as dreams,
opportunities and dilemmas. Themes that all call for change.
In Fiscal Year 2009 change happened in our community.
We heard a call for more opportunities for community involvement and interaction for
our youth. In October, The Board of Selectmen piloted a new role, that of youth liaison.
I now want to introduce to Town Meeting Sarah Mulroy. Sarah, as youth liaison, is
providing a voice in town government for our youth, thank you Sarah.
On ,Tune 30'' of this year our long time Director of Public Works, Ted McIntire is
retiring. Thank you for your 38 years of dedicated service to our community. I now
want to introduce to you our newly hired Director, Jeff Zager. Welcome aboard Jeff.
This is Cheryl Johnson's last Town Meeting. She served our community as Town Clerk
for 13 years, thank you Cheryl for your service.
Change is evident at some of our recreational areas. Collins field has a brand new
artificial turf surface. We are near completion on our brand new tennis courts after some
unanticipated hurdles. Memorial Park is getting an exciting new face lift this summer
thanks in large part to the efforts of Friends of Reading Recreation and Nelson Burbank
and Master Plans are just about completed for the Birch Meadow area and Washington
Park.
Changes in Finance include Munis implementation including payroll, hr, accounting,
purchasing and collections. Please do not underestimate the enormity of this endeavor.
The implementation does not have all the pizzazz of some of the other changes in our
community but I can assure you that the budget process this year for the Finance
Committee, School Committee and Board of Selectmen was improved greatly.
New community training and informational initiatives were developed in the last year.
We recently held a training session for the chairs and vice- chairs of all the Board of
Selectmen appointed boards, committees, and commissions.
There was an event training and informational meeting held for all non - profits and
organizations in our community. The purpose was to make it easier for our community
organizations to navigate the myriad of state and local rules and regulations. This will be
further developed in to a manual available at Town Hall and on our community web site.
2 Annual Town Meeting
April 271'2009
158
Customer service management and measurement was a major focus and change driven by
the Board of Selectmen in the past year. This change will yield 'improved service and
community interaction from all departments in Town Hall.
One of the biggest challenges and subsequent changes we are facing is economic and
community development. We have and need to continue to make the investment for
growth. Fiscal Year 2009 saw various growth investment initiatives such as: .
In June we had Fox 25 News broadcast their morning show with a Zip Trip from Reading
Common. The Reading community came out in force and bragged about what a great
place to live and work Reading is.
We have an Economic Development Commission that none of us can keep pace with.
Working with the Community Planning and Development Commission they are trying to
make some change that will foster growth.
Some of our economic development initiatives and. results are the revamped alleyway in
downtown, review and possible proposed changes to our sign by -laws, working on
business friendly zoning changes on South Main Street, business recruitment and coming
on September 13, the first annual Reading.Fall Street Faire.
The Board of Selectmen updated and made changes to our liquor policies. These policy
changes make the policies both business and community friendly. Our community at
large also voted in the last election to make a change to our liquor bylaws. Now
restaurants with less than 100 seats may apply for a license.
And finally as evident to anyone walking in our downtown, the reconstruction project is
nearly complete. More than a ten year process resulting in a downtown that is going to
be the heart of soul of Reading. A place where families can meet up for dinner or,
shopping, a place where neighbors can meet up for coffee or a glass of wine and
hopefully a place we will use as a cultural and historical centerpiece.
The results of all these efforts and our community investment in change is seven new
businesses open or opening in Reading including the Swiss Bakers, Ristorante Pavrotti,
Be Gifted, Aine's boutique, a new restaurant coming at the former site of the Wayside
Bazaar, and coming soon a new meat and poultry shop on Haven Street, as well as the
new branch of Salem Five bank. There are also two property owners investing in our
downtown. They have plans to develop more retail and residences on their downtown
properties.
There is change happening in our community but we cannot sit back and rest. As I
mentioned earlier we are in turbulent and extraordinary times and surviving these times .
as a community calls for sacrifice and change. The fiscal year 2010 budget we are about
to discuss is most likely the easiest of the next few.
3 Annual Town Meeting
April 27, 2009
159
Our community needs to think differently to get through. Services will be cut and
reduced, priorities will change and status quo will be no longer. Doing things a certain
way because that is the way we always do it is unacceptable. I challenge our community
to bring about community -wide change.
I received an interesting letter from a student at RMHS, Jesse Downing. Based on the
low interest in open Town Meeting positions Jesse recommends that we make a change to
the terms of town meeting members. I also had an interesting conversation with one of
our election officials who made similar recommendations.
Turbulent and extraordinary times call for sacrifice and change. Maybe it's time to
conduct a study and determine if we need to make changes to our Charter. This can be
our next major step in making Reading the best place to live and raise a family; a step to
seizing opportunities, solving dilemmas and fulfilling dreams.
Thank you for your time tonight; I look forward to our work ahead.
ARTICLE 2 — On motion by Stephen Goldy, Chairman of the Board of Selectmen, it
was voted to table the subject matter of Article 2.
ARTICLE 3 — On motion by Ben Tafoya, member of the Board of Selectmen, it was
voted to table the subject matter of Article 3.
ARTICLE 4 — On motion by James E. Bonazoli, member of the Board of Selectmen, it
was voted to approve the following amendments to the FY 2009 — FY 2018 Capital
Improvements Program provided for in Section 7 -7 of the Reading Home Rule Charter
and as previously. amended:
• Performance Contracting — Add $5.0 million of a debt authorization request
(Article 15) in FY09 for energy - related improvements to Town and school
buildings; remove many items from the current 10 -year Capital Improvements
Plan - on Page 132 of the Warrant, see especially Lines C3 and C5.
• Thermal Imaging - Delete $30,000 from 2010; add $4,700 in FY09;
• Public Safety Radios — Increase $180,000 in FY 2010 to $311,000;
• DPW Truck #3 — Reduce by $200 to $97,000 in FY 2010;
• Sidewalks /Curbs — Reduce from $50,000 to $25,000 in FY 2010;
• Assessors Financial System — Add to the CIP FY 12 for $100,000.
ARTICLE 5 — On motion by George V. Hines, Chairman of the Finance Committee, it
was voted to amend the following votes taken under Article 13 of the Warrant of the
Annual Town Meeting of April 23, 2008, as amended by Article 4 of the November 13,
2008 Subsequent Town Meeting; and that the Town vote to appropriate by transfer sums
from available funds as noted for the operation of the Town and its,government:
4 Annual Town Meeting
April 27, 2009
160
General Fund — Wages and Expenses
Account
Description
Decrease
Increase
Line
B99
Benefits — Expenses
$137,980
• Health Insurance
o Enrollment.$ 100,000
o Muni gov't $ 37,980
(FF $15,9 70; Tech.
$8,250; Libr. $6,680;
Comm Svc $7,080
Ml
Accounting — Wages
$ 2,000
• Overtime
N15
Finance — Wages
$ 40,964
• Technician $20,620
• Overtime $10,000
• Elections — Grant $10,344
N16
Finance'— Expenses
$15,344
• Elections — Grant $10,344
• Tech. Virtualization $5,000
Pi
Library — Wages
$32,700
• Technician position $1 6,700
• Other $16,000
P2
Library — Expenses
$10,800
• Materials
Q7
Town Manager's Office - Expenses
$ 1,000
• Retreat
R14
Community Services — Wages.
$ 10,200
• Eliminated positions - $17,700
• Sick/Vac. buyback +$7,500
S16
Public Works — Expenses
$12,000
• Street Lighting
S17
Public Works — Expenses
$57,000
• Rubbish
S19
Public Works — Wages
$ 5,000-
• Sick/vac. buyback +$10,000
• DPW positions 415,000
S20
Public Works — Expenses
• Highway equipment repairs,
$85,000
Darts & maintenance
T7
Public Safety — Wages
$105,800
• Police optional train. $4,000
• Police s/v buyback $37,000
• Police positions $40,000
5 Annual Town Meeting
161 April 27, 2009
1 • Fire positions $24,800 1 1 .
Subtotls X392 644 k X123,144
Net Operating Expnse Reductions $269:,500
and Truns��r�
Account Line Description Decrease Increase
S18 Public Works - Expenses $700,000
• Snow & Ice Control
T8 Public Safety — Expenses $ 3,000
• Police Academy (reimbursed
by new Officers into the
general fund)
N16 Finance — Expenses $ 50,000
• FINCOM reserve fund
Subtotals $753,000
ti
OR
Nei from: O�eraliig T ransers a?a $'153,D;0 "0
f1�a�t0ti'�e,1E'unds free easy: .; .
Capital
Account Line
Description
Decrease
Increase
C99
Fire Capital — Local share of thermal
$347,625
$6,000
X5
imaging grant
$234,651
Subtotals
$582,276
$6,000
ng
�pf��y](��p ratingy raa�ser a
`'S
$1U;0(1
µ ;al�1+�s4V�YLI�S�
y
Enterprise Funds
Account Line
Description
Decrease
Increase
W5
Expenses in Lines Ml through S20
$347,625
X5
Expenses in Lines Ml through S20
$234,651
Subtotals
$582,276
dh 3N� Re u01 �get
Wate7
y
pa
J
,
f
ARTICLE 6 - On motion by Camille W. Anthony, member of the Board of Selectmen,
it was voted to authorize the payment during Fiscal Year 2009 of the following-bills
6 Annual Town Meeting
April 27, 2009
162
remaining unpaid for previous fiscal years for goods and services actually rendered to the
Town:
Dennis K. Burke, Inc. - $9,277.34 submitted in FY09 for adjustments to FY08
invoices for materials purchased.
4/5 vote required
143 voted in the affirmative
3 voted in the negative
Harvey (Pete) J. Dahl, Precinct 7, asked for a Point of Order to inquire as to the source of
funding for'payment. Payment is to be from free cash.
ARTICLE 7 — On motion by Richard W. Schubert, member of the Board of Selectmen,
it was voted to approve the FY 2010 — FY 2019 Capital Improvements Program shown.as
Page 132- in the 2009 Annual Town Meeting Warrant Report, as provided for in Section
7 -7 of the Reading Home Rule Charter.
ARTICLE 8 — On motion by Stephen Goldy, Chairman of the Board of Selectmen, it
was voted to appropriate the sum of Four Hundred Forty Six Thousand Ninety Seven
Dollars ($446,097) for highway projects from the proceeds due to the Town under the
provisions of M.G.L. Chapter 90.
On motion by Stephen Goldy, Chairman of the Board of Selectmen, it was voted to take
Article 15 out of order.
ARTICLE 15 — On motion by Charles Robinson, Chairman of the School Committee, it
was voted to raise by borrowing or transfer from available funds, or otherwise, and
appropriate the sum of Five Million Dollars ($5,000,000) for the purpose of making
energy and water conservation and similar improvements to Town owned properties,
including the costs of consulting services, audits, plans, documents, cost estimates,
bidding services and all related expenses incidental thereto and necessary in connection
therewith, said sum to be expended by and under the direction of the Superintendent of
Schools and the Town Manager; and that the Town will authorize the School Committee,
Board of Selectmen, Superintendent of Schools, Town Manager, or any other agency of
the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of,
said energy and water conservation improvements; and that the Town authorizes the
Superintendent of Schools and/or the Town Manager to enter into any and all contracts
and agreements as may be necessary to carry out the purposes of this Article.
2/3 vote required
134 voted in the affirmative
11 voted in the negative
ARTICLE 15 -- On motion by Harvey (Pete) J. Dahl, Precinct 7, it was moved to amend
Article 15 by substituting School Committee instead of Superintendent of Schools as to
sum to be expended by and under the direction of and entering into any and all contracts
and agreements.
7 Annual Town Meeting
April 27, 2009
163
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181
Motion did not ca
On motion by Camille W. Anthony, member of the Board of Selectmen, it was voted that
this Annual Town Meeting stand adjourned to meet at 7:30 p.m. at the Reading Memorial
L7:;..t;C±;.'4,;.;:1 n,.a +..v;,,.._., _ •ri,,—,a -., n__:i ?n -)nnL _
Meeting adjourned at 11:04 p.m.
159 Town Meeting Members were present.
jj
A true copy. Attest: Cheryl . Johnson
Town lerk
8 Annual Town Meeting
April 27, 2009
182
ANNUAL TOWN MEETING
Reading Memorial High School April 30, 2009
The meeting was called to order by the Moderator, Alan E: Foulds, at 7:39 p.m., there
being a quorum present. The Invocation was given by Anthony Rickley, Precinct 2;
followed by the Pledge of Allegiance to the Flag.
On motion by George V. Hines, Chairman of the Finance Committee, it was voted to take
Article 14 out of order.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town raise by borrowing, or from the tax levy, or transfer from
available funds, and appropriate the sum of:
• $83,266,769
for the operation of the Town and its Government for Fiscal Year 2010, beginning July 1,
2009.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item B99 (Benefits): $11,126,082
to be provided as follows:
Line B99 - $327;332 from Free Cash, $390,447 from the Overlay surplus and the balance
from property taxes, State aid and non- property tax local receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item C99 (Capital): $1,005,725
to be provided as follows:
Line C99 - from property taxes, State aid and non - property tax local receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item D99 (Debt): $5,705,113
to be provided as follows:
Line D99 - $325,000 from Sale of Real Estate Fund and the balance from property taxes,
State aid and non - property tax local receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item E97 (Northeast Vocational): $295,100 and Line Item E98
(Minuteman Vocational): $65,000
1 Annual Town Meeting
183 Apri130, 2009
to be provided as follows:
Lines E97 and E98 — from property taxes, State aid and non- property tax local receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item G91 (Town Administration WaLyes): $209,845 and Line Item
G92 (Town Administration Expenses): $489,000
to be provided as follows:
Lines G91 and G92 — from property taxes, State aid and non - property tax local receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item H91 (Accounting Walzes): $155,770 and Line Item H92
(Accounting Expenses): $1,556
to be provided as follows:
Lines H91 and H92 — from property taxes, State aid and non - property tax local receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item I91 (Finance Wades): $1,125,155 and Line Item I92 (Finance
Expenses): $517,300
to be provided as follows:
Lines 191 and I92 from property taxes, State aid and non - property tax local receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item J92 (FINCOM Reserve Fund): $150,000
to be provided as follows:
Line J92 - from property taxes, State aid and non - property tax local receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item K91(Community Services Wages): $767,057 and Line Item
K92 (Community Services Expenses): $189,275
to be provided as follows:
Lines K91 and K92 — from property taxes, State aid and non - property tax local receipts.
On motion by Steve Oston, Precinct 6, it was moved to amend the FYI budget for
Community Services -Wages by adding the amount of $19,473 to restore funding for the
position of Coordinator of Volunteers.
Motion to amend carried.
2 Annual Town Meeting
184 April 30, 2009-
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item L91 (Library Wages) $960,861 and Line Item L92 (Library
Expenses): $259,337
to be provided as follows:
Lines L91 and L92 — from property taxes, State aid and non - property tax local receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item M91 (Public Works Waaes)• $2,336,104 and Line Item M92.
(Public Works Expenses): $708,795
to be provided as follows:
Line M91 — $120,000 from the Reading Ice Arena to support Recreation wages; Line
M92 — $25,000 from the Sale of Cemetery lots to support Cemetery expenses;. and the
balance of Lines M91 and M92 from property taxes, State aid and non- property-tax local
receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item M93 (Public Works — Snow & Ice Expenses): $500,000; Line
Item M94 (Public Works Street Lighting Expenses): $230,000 and Line Item M95
(Public Works Rubbish Collection & Disposal Expenses): $1,524,267
to be provided as follows:
Lines M93, M94 and M95 — from property taxes, State aid and non - property tax local
receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item N91 (Public Safety Wages): $7,346 960 and Line Item N92
(Public Safety Expenses): $353,854
to be provided as follows:
Lines N91 and N92 — from property taxes, State aid and non - property tax local receipts.
ARTICLE 14 On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item S99 (Water Enterprise Fund): $5,219,671
to be provided as follows:
Line S99 - $425,000 from Water Reserves and $4,794,671 from property taxes, State aid
and non - property tax local receipts.
3 Annual Town Meeting
185 April 30, 2009
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item T99 (Sewer Enterprise Fund): $4,996,257
to be provided as follows:
Line T99—$100,000 from Sewer Reserves and $4,896,257 from property. taxes, State aid
and non - property tax local receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item U99 (Storm Water Enterprise Fund): $291,391
to be provided as follows:
Line U99 - from property taxes, State aid and non - property tax local receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item V99 (School Department): $35,996,247
To be provided as follows:
Line V99 - from property taxes, State aid and non - property tax local receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was moved that the Town approve and appropriate the proposed FY 2010 Budget as
presented for Line Item W99 (Town Facilities): $740,693
Line W99 - from property taxes, State aid and non - property tax local receipts.
ARTICLE 14 — On motion by George V. Hines, Chairman of the Finance Committee, it
was voted to approve and appropriate the proposed FY 2010 Budget, exclusive of State
and county assessments:
• $83,286,242
• Representing the total of all motions made under Article 14 as amended
• Funds are to be provided as set forth in said motions as amended
2/3 vote required
153 voted in the affirmative
1 voted in the negative
The total budget figure of $83,843,251 includes the State Assessmeui. T ecillucaiiy, —1 o wry
Meeting does not vote on this figure - the actual totals of all of the lines items covered by
the motions in Article 14 is $83,286,242.
4 Annual Town Meeting
186 April 30, 2009.
ARTICLE 9 — On motion by Ben Tafoya, member of the Board of Selectmen, it was
voted to authorize the Board of Selectmen to sell, or exchange, or dispose of, upon such
terms and conditions as they may determine, the following items of Town tangible
property:
Department
Equipment
Fire
1997 Chevrolet Blazer
DPW
1995 International Sewer Jetter
1995 International Dump /Sander
1997 Ford F350 Pick -up Truck
Police
2 Ford Crown Victoria Police Cars
ARTICLE 10 — On motion by William F. Brown, Chairman of the Board of Cemetery
Trustees, it was voted to indefinitely postpone the subject matter of Article 10.
2/3 vote required
Declared unanimous by Moderator
ARTICLE II — On motion by James E. Bonazoli, member. of the Board of Selectmen, it
was voted to authorize revolving funds for certain Town departments under
Massachusetts General Laws, Chapter 44, Section 53E 1/2 for the fiscal year beginning
July 1, 2009 with the receipts, as specified, credited to each fund, the purposes, as listed,
for which each fund may be spent, the maximum amount that may be spent from each
fund for the fiscal year and the disposition of the balance of each fund at fiscal year end.
On Motion by William F. Brown, Precinct 8, it was moved to amend Article 10 by
dropping the Mattera Cabin operating cost of $10,000.
Motion to amend did not carry.
Revolving
Account
Spending
Authority
Revenue
Source
Allowed
Expenses
Expenditure
Limits
Year End
Balance
Consulting and
engineering
Fees As
services for the
provided for in
review of designs
$25,000
Conservation
Reading General
and engineering
Available
Commission
Bylaws Section
work for the ,
for
Consulting
Conservation
5.7, Wetlands
protection of
expenditure
Fees
Commission
Protection
etlands.
next year
Building
Legal, oversight
Plumbing,
and inspection,
Wiring, Gas and
lan review,
$125,000
Available
Inspection
other permits for
initial property
for
Revolving
Town
the Walkers
appraisals and
expenditure
Fund.
IManager
lBrook Crossing,
a peals,
ext year
5 Annual Town. Meeting
187 April 30, 2009
ARTICLE 12 — On motion by Camille W. Anthony, member of the Board of Selectmen,
it was voted to establish a stabilization fund in the amount of $25,000 to fund fixture Sick
Leave and Vacation buy -back for municipal employees, with the funds being
appropriated from Free Cash.
2I3 vote required
116 voted in the affirmative
16 voted in the negative
ARTICLE 13 — On motion by Richard W. Schubert, member of the Board of Selectmen,
it was voted to transfer to the Water Enterprise Fund, the sum of $719,891 received
during FY 2009 and all additional *sums which may be received in subsequent years as a
result of the settlement of the so- called MTBE litigation.
6 Annual Town Meeting
April 30, 2009
188
Archstone and
Community
Johnson Woods,
Services general
developments
management,
landfill
monitoring costs,
curb sidewalks
and pedestrian
safety,
improvements,
records archiving
and other project
related costs.
Vaccines,
materials for
screening clinics
and clinical
supply costs,
medical
$25,000
equipment and
Public
supplies,
Available
Health
Clinic fees and
immunizations,
for
Clinics and
Board of
third party
educational
expenditure
Services
Health
reimbursements
aterials
next year
Charges for lost
Acquire Library
Available
Library
Library
or damaged
materials to
$15,000
for
Materials
Director and
Library
eplace lost or
expenditure
Replacement
Trustees
materials
damaged items
next year
Utilities and all
other
Available
attera
maintenance and
$10,000
for
Cabin
Recreation
operating
expenditure
Operating
Administrator
Rental Fees
expenses
next year
ARTICLE 12 — On motion by Camille W. Anthony, member of the Board of Selectmen,
it was voted to establish a stabilization fund in the amount of $25,000 to fund fixture Sick
Leave and Vacation buy -back for municipal employees, with the funds being
appropriated from Free Cash.
2I3 vote required
116 voted in the affirmative
16 voted in the negative
ARTICLE 13 — On motion by Richard W. Schubert, member of the Board of Selectmen,
it was voted to transfer to the Water Enterprise Fund, the sum of $719,891 received
during FY 2009 and all additional *sums which may be received in subsequent years as a
result of the settlement of the so- called MTBE litigation.
6 Annual Town Meeting
April 30, 2009
188
ARTICLE 16 — On motion by Stephen Goldy, Chairman of the Board of Selectmen, it
was voted to amend the Town of Reading General Bylaws, Article 3, Section 3.1 Board
of Selectmen, by adding a new section as follows:
3.1:2 Whenever a decision of the Community Planning and Development and
Commission, Zoning Board of Appeals or Conservation Commission provides for the
conveyance of land or any interest therein to the Town including, but not limited to
easements, for nominal consideration of less than One Hundred Dollars ($100.00) and
where no appropriation is required, the Board of Selectmen is authorized to accept said
conveyance on behalf of the Town. Excluded from this authorization are conveyances
related to the layout and acceptance of public ways.
On motion by Camille Anthony, member of the Board of Selectmen, it was voted that
this Annual Town Meeting stand adjourned to meet at 7:30 p.m.,at the Reading Memorial
High School Auditorium on Monday, May 4, 2009.
Meeting adjourned .at 10:51 p.m.
142 Town Meeting Members were present.
A true copy. Attest: A. Rodger
In rim Town Clerk
7 Annual Town Meeting
189 April 30, 2009
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ANNUAL TOWN MEETING
Reading Memorial High-School May 4, 2009
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:38 p.m., there
being a quorum present. The Moderator led Town Meeting in the Pledge of Allegiance
to the Flag.
ARTICLE 17 — On motion by Ben Tafoya, member of the Board of Selectmen, it was
voted to adopt the following bylaw as Section 5.5. 10 of the Reading General Bylaws:
Section 5.5. 10 - Public Consumption of Marijuana or Tetrahydrocannabinol
No person shall smoke, ingest or otherwise use or consume marijuana or
tetrahydrocannabinol (as defined in G.L. c. 94C, 1, as amended) while in or upon any
street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground,
beach, recreation area, boat landing, public building, school house, school grounds,
cemetery, parking lot or any area owned by or under the control of the Town; or in or
upon any bus or other passenger conveyance operated by a common carrier, or in any
place accessible to the public.
This bylaw may be enforced through any lawful means in law or in equity including but
not limited to enforcement by noncriminal disposition pursuant to G.L. c. 40, §21D; by
the Police Department. The fine for violation of this bylaw shall be Three Hundred
Dollars ($300.00) for each offense. Any penalty imposed under this bylaw shall be in
addition to any civil penalty imposed under G.L. c. 94C, §32L.
On Motion by William Downing, Precinct 3, it was moved to amend Article 17, second
paragraph, by substituting "up to $200.00" instead of $300.00.
Motion did not carry.
On Motion by John (Jack) Downing, Precinct 7, it was moved to amend Article 17, first
paragraph, by striking the words "or under the control of'.
Motion did not carry.
On Motion by Kenneth Tucci, Precinct 8, it was moved to amend Article 17, second
paragraph, by striking the words "but not limited to"
Motion carried.
On Motion by Richard Curtis, Precinct 4, it was moved to move the question
2/3 vote required
113 voted in the affirmative
22 voted in the negative
Motion carried.-
Original Motion to Article 17 carried as amended.
Annual Town Meeting
May 4, 2009
W6111
ARTICLE 18 — On motion by David B. Tuttle, Chairman of the Community Planning
and Development Commission it was voted to amend the Town of Reading Zoning By-
Laws as follows: (words in bold italics denotes new language)
To amend Section 5.1.2, Table of Dimensional Controls, to reduce the minimum front
yard setback in the Business -A Zoning District from fifty (50) feet to fifteen (1 S) feet for
one or two family dwellings, apartments, and other permitted principal uses; and
To amend Section 4.9.7.4.2.b so that the By -Law provision reads as follows: "The
minimum front, side and rear yard requirements shall be the same as in the underlying
districts'
2/3 vote required
127 voted in the affirmative
4 voted in the negative
ARTICLE 19— On motion by David B. Tuttle, Chairman of the Community Planning
and Development Commission it was voted to amend Paragraph a. of Section 4.9.7.2. of
the Reading Zoning By -Laws, by inserting the parenthetical words "(other than financial
institution andlor pharmacy drive -thru uses) " after the words "drive -thru uses," so that
Paragraph a. of Section 4.9.7.2 reads as follows:
a. Within a PUD -B Overlay District, any portion of land that is within the
underlying Business A District or within 30 feet of the underlying Business A
District zoning boundary line may be used for those various uses allowed
within the underlying Business A District, excepting that Automotive Uses
and enclosed storage as a primary use as listed in the Table of Uses in Section
(Table of Uses), and fast food restaurant or drive -tbru uses (other than
financial institution andlor pharmacy drive -thru uses) shall not be allowed.
2/3 vote required
134 voted in the affirmative
1 voted in the negative
ARTICLE 20 — On motion by James E. Bonazoli, Chairman of the Board of Selectmen,
f it was voted pursuant to Section 2 -6 of the Reading Home Rule Charters to declare the
following seats of Town Meeting Members to be vacant and remove those persons from
their position as Town Meeting Members for failure to take the oath of office within 30
days following the notice of election or for failure to attend one half or more of the Town
Meeting sessions during the previous year:
Precinct 1 1',eksef
Jane M. Spano
Precinct 2 Mary Frances Grimmer
Ge n Sne
2 Annual Town Meeting
May 4, 2009
191
Precinct 3 David A. Gr-ave
Albert Gar-bar-Ifte
Gatherine L. MaAi
john M
M. Tibbetts
Precinct 4 Paul J. Baratta
Precinct 5 Fr a .-iek C Shaffef
Precinct 7 C. Ellen r,,.,Hnite
Precinct 8 Andrew Patrick Murphy
ARTICLE 3 — On motion by Stephen A. Goldy, Chairman of the Board of Selectmen, it
was moved to remove Article 3 from the table.
ARTICLE 3 — On Instructional motion as related to Article 10, by Jeffrey W. Struble,
Precinct 7, it was moved that the Board of Selectmen be directed to conduct a
comprehensive condition and needs assessment of the service building currently in use at
the Laurel Hill Cemetery for the purpose of reporting to the Subsequent Town Meeting in
November 2009 on the need to repair or replace it and on the options that can be pursued
to preserve its function and value to the Town of Reading in a cost - effective manner.
This assessment shall be conducted with the participation of the Department of Public
Works and the Board of Cemetery Trustees and with any other Town agencies and
personnel and volunteers from the community deemed valuable to the Selectmen in
fulfilling the objective of this motion."
Motion carried.
On motion by Stephen A. Goldy, Chairman of the Board of Selectmen, it was voted that
this Annual Town Meeting stand adjourned sine die.
Meeting adjourned at 9:47 p.m.
140 Town Meeting Members were present.
A true copy. Attest: klerim Rodger
Town Cler k
3 Annual Town Meeting
May 4, 2009
192
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, 1, on Sept 23, 2009 notified and warned the inhabitants
of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the
time specified by posting attested copies of this Town Meeting Warrant in the following
public places within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2 Peter Sanborn Place, 50 Bay State Road
Precinct 3 Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Austin Preparatory School, 101 Willow Street
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Wood End School, 85 Sunset Rock Lane
The date of posting being not less than fourteen (14) days prior to November 9, 2009, the
date set for the Subsequent Town Meeting in this Warrant.
A true copy. Attest:
Laura Gemme, Town Clerk
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SUBSEQUENT TOWN MEETING
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and
Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road,
in said Reading, on Monday, November 9, 2009, at seven thirty o'clock in the evening, at
which time and place the following articles are to be acted upon and determined exclusively
by Town Meeting Members in accordance with the provisions of the Reading Home Rule
Charter.
ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town
Accountant, Treasurer - Collector, Board of Assessors, Director of Public Works, Town Clerk,
Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library
Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community
Planning & Development Commission, Conservation Commission, Town Manager and any
other Board or Special Committee.
Board of Selectmen
ARTICLE 2 To choose all other necessary Town Officers and Special Committees
and determine what instructions shall be given Town Officers and Special Committees, and
to see what sum the Town will raise by borrowing or transfer from available funds, or
otherwise, and appropriate for the purpose of funding Town Officers and Special
Committees to carry out the instructions given to them, or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 3 To see if the Town will vote to amend the FY 2010 — FY 2019, Capital
Improvements Program as provided for in Section 7 -7 of the Reading Home Rule Charter, or
take any other action with respect thereto.
Board of Selectmen
ARTICLE 4 To see if the Town will vote to amend one or more of the votes taken
under Article 14 of the April 27, 2009 Annual Town Meeting relating to the Fiscal Year 2010
Municipal Budget, and see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate as the result of any such amended votes for
the operation of the Town and its government, or take any other action with respect thereto.
Finance Committee
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Year 2010 of bills remaining unpaid for previous fiscal years for goods and services actually
rendered to the Town, or take any other action with respect thereto.
Board of Selectmen
194
ARTICLE 6 To. see if the Town will vote to authorize the Board of Selectmen to
sell, or exchange, or dispose of, upon such terms and conditions as they may determine,
various items of Town tangible property, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 7 To see if the Town will vote to increase the senior tax exemptions as
follows:
To increase the property tax exemption allowed to certain senior citizens and surviving
spouses and minors under Mass. General Laws Chapter 59, Section 5, Clause 17D by any
percentage up to the annual cost of living adjustment (COLA) as determined by the
Commissioner of Revenue; and
To increase the income.and asset limits certain senior citizens may have to qualify for an
exemption under Mass. General Laws Chapter 59, Section 5, Clause 41C by any
percentage up to the annual cost of living adjustment (COLA) as determined by the
Commissioner of Revenue,
or take any other action with respect thereto.
Board of Assessors
ARTICLE 8 To see if the Town will vote to rescind authorized but unused debt for:
Energy and similar improvements to Town owned buildings as authorized by Article 9 on
November 10, 2008,
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 9 To see what sum the Town will raise by borrowing pursuant to G.L.
Chapter 44, §7(1) or transfer from available funds, or otherwise, and appropriate for the
purpose of reconstructing surface drains, sewers and sewerage systems, including the costs
of engineering services, plans, documents, cost estimates, bidding services and all related
expenses incidental thereto and necessary in connection therewith, said sum to be spent
under the direction of the Town Manager; and to see if the Town will authorize the Town
Manager, the Board of Selectmen, or any other agency of the Town to apply for a grant or
grants to be used to defray all or any part of said sewer construction and /or reconstruction
and related matters; and to see if the Town will vote to authorize the Town Manager to enter
into any or all agreements as may be necessary to carry out the purposes of this Article; and
to see if the Town will authorize the Town Manager, the Board of Selectmen, or any other
agency of the Town to apply for a non - interest bearing loan from the Massachusetts Water
Resources Authority, and to authorize the Treasurer - Collector, with the approval of the
Board of Selectmen, to borrow pursuant to said loan, or take any other action with respect
thereto.
Board of Selectmen
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195
ARTICLE 10 1 To see if the Town will vote the sum of Sixty Thousand Dollars
($60,000) from the sale of real estate and /or other funds for the purpose of designing a
building or buildings to replace the present service building in Laurel Hill Cemetery including
but not limited to design specifications, test borings, surveying and any other items
incidental thereto, said funds to be expended by the Town Manager, and that the Town
Treasurer be and hereby is authorized and instructed to transfer said funds to carry out the
purpose of this vote, or take any other action with respect thereto.
Board of Cemetery Trustees
ARTICLE 11 To see if the Town will vote to accept the provisions of G.L. c. 64L, §
2(a) to impose a local sales tax upon the sale of restaurant meals originating within the
Town by a vendor at the rate of .75 percent of the gross receipts of the vendor from the sale
of restaurant meals to take effect January 1, 2010, or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 12 To see if the Town will vote to amend Article 5, Public Order,. of the
Town of Reading General Bylaws as follows: (New language is in italics.)
5.5.4 Public Buildings, Public Propettv and Public Ways
5.5.4.1 No person shall gamble or keep, use or have in his possession
any spirituous or intoxicating liquor in any building or room owned
or occupied by the Town or upon any public property or public
ways, except as otherwise authorized by the Board of Selectmen,
special Statute or general laws.
5.5.4.2 No person shall smoke or have in his possession any lighted cigar,
cigarette, or other tobacco product in any building or room owned
or occupied by the Town,
or take any other action with respect thereto.
Board of Selectmen
ARTICLE 13 To see if the Town will vote to amend Section 4.5, Licenses, of the
Town of Reading General Bylaws by deleting there from in its entirety Section 4.5.2, Junk,
and inserting therein a new provision as follows:
4.5.2 Junk, Old and Precious Metals and Secondhand Articles
4.5.2.1 License Required
4.5.2.1.1 Every person who is in the business of collecting, dealing in, or keeping a
shop for the purchase, sale or barter of junk, old and precious metals
including gold and silver, and /or secondhand articles, shall be licensed by
the Board of Selectmen.
4.5.2.1.2 No person shall use. any building, enclosure or other structure for the
storage, sale or keeping of rags, waster paper stock or other inflammable
material without a license therefore from the Board of Selectmen.
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4.5.2.2 Application for License; Term; Fee
4.5.2.2.1 Each application for a license shall be made in writing to the Board of
Selectmen and set forth the name of the party licensed, the nature of the
business and the building or place in which it is to be carried out.
4.5.2.2.2 Each license for the keeping of a shop for the purchase, sale or barter of
junk, old and precious metals including gold and silver, and /or secondhand
articles shall be issued on a location specific basis.
4.5.2.2.3 Licenses under this bylaw
hearing and shall be for a
by the Board of Selectmen.
may be issued only after notice and a public
period of one (1) year unless sooner revoked
4.5.2.2:4 The fee for each such license shall be determined by the Board of
Selectmen.
4.5.2.2.5 The license shall be clearly and prominently displayed in a suitable and
conspicuous place on the premises.
4.5.2.2.6 Such license shall run from April until May of the following year.
4.5.2.3 Record of Purchases, Examination and Inspection of Records and Articles
4.5.2.3.1 Every junk dealer, old and precious metal dealer or secondhand article
dealer shall keep a book in which shall be written at the time of each
purchase, a description thereof, the name, age and residence of the
person from whom the purchase was made, and the day and hour when
such purchase was made. Photocopies of picture identification shall be
taken and maintained for any person who sells or barters an item.
4.5.2.3.2 A list of all purchases and acquisitions shall be submitted to the Reading
Police Department within one (1) week of such purchase or acquisition.
4.5.2.3.3 The Chief of Police or his designee shall at all times have the authority.to
inspect or examine all books kept by the dealer or keeper of the shop and
shall have the right to inspect and examine all articles and merchandise
therein.
4.5.2.4 Purchases from Persons less than Eighteen (18) Years of Age Prohibited
No junk dealer, old and precious metal dealer or secondhand article dealer or any employee
thereof shall directly or indirectly purchase or receive by way of barter or exchange any junk,
old and precious metals or secondhand articles from a person under the age of eighteen
(18) years.
4.5.2.5 Articles Purchased or Received to be Retained for Fourteen (14) Days
No item purchased or received by any dealer or keeper of a shop licensed under this bylaw
shall be removed from the Town, sold, or otherwise disposed of for at least fourteen (14)
days from its date of purchase or acquisition unless permission has been obtained from the
Chief of Police or his designee who may request to inspect or photograph the item.
1974
4.5.2.6 Testing of Weighing and Measuring Devices
All weighing or measuring devices used by a licensee in the conduct of the licensed
business shall be tested and sealed by the Town of Reading Sealer of Weights and
Measures prior to being placed into service. All weighing and measuring devices shall
thereafter be inspected and tested on an annual basis.
45.2.7 Rules and Regulations
The Board of Selectmen may adopt rules and regulations governing the issuance and
conduct of business for the sale of junk, old and precious metals and secondhand articles
pursuant to the authority granted by M.G.L. Chapter 140, §54 and the authority granted by
this bylaw.
4.5.2.8 Suspension or Revocation of License
Any license issued hereunder may be suspended or revoked, after a notice and hearing, for
cause or violation of this bylaw and /or the Board of Selectmen's rules and regulations.
4.5.2.9 Enforcement and Penalties
Violations of this bylaw shall be subject to a fine of Three Hundred Dollars ($300.00). Each
day the violation exists shall constitute a separate offense. This penalty may be enforced
pursuant to Section 5.11 Non- Criminal Disposition of Certain Violations of Bylaws and
Rules and Regulations, of this bylaw.
4.5.2.10 Severability
If any provision of this bylaw is held to be invalid, it shall not affect the validity or application
of the remaining provisions, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 14 To see if the Town will vote to amend the Cemetery Rules and
Regulations of the Town of Reading by rescinding the previous Cemetery Rules and
Regulations and adopting the following Cemetery Rules and Regulations:
RULES AND REGULATIONS
Foreword
The Town of Reading Home Rule Charter adopted on March 24, 1986 and amended
November 13, 2004 provides that:
"The Board of Cemetery Trustees shall be responsible for the preservation, care,
improvement and embellishment of the Town's cemeteries and burial lots therein and such
other powers and duties given to the Board of Cemetery Trustees under the Constitution
Cii iii v�.iibi C.i i_u'r'r .3 lii i`v v�llul _ Ivrvuiii i, _.j uw 'viiuii i, Jy vyiU �'r vl .: i�rrl Irivvui iy
vote."
Working under this charge, the Board of Cemetery Trustees strives not only to fulfill its legal
responsibilities regarding the Town's cemeteries, but also to preserve the aesthetic quality of
our heritage by establishing the following rules and regulations. The Trustees encourage
public comment at regularly schedule meetings or via correspondence.
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TOWN OF READING
CEMETERY RULES AND REGULATIONS
The Board of Cemetery Trustees has set forth the following rules and regulations for the
ownership, use and care of burial sites in the Town's cemeteries. The authority to do this is
found in Chapter 114 of Massachusetts General Laws.
Resident Requirements
1. The sate of lots is limited to current Reading residents only.
Ownership of Lots
2. The Trustees shall set the price of lots. All lots must be paid in full at the time of the sale.
3. The owner of a lot is limited to burying human remains in that site. The owner has a right
to place a memorial subject to limitations as outlined in other sections of these regulations.
4. When a lot is purchased, the owner will be issued a deed specifying the location and
dimensions of the lot. The Trustees are responsible for corner posts set at each lot. These
will clearly define the number of the lot. The deed will contain certain terms and conditions
for the use of this lot.
Copies of lost deeds may be obtained by paying an established fee.
5. The owner of a lot may only transfer ownership of that lot by deed if such transfer is
approved by the Trustees. A fee will be charged for the recording. of deed transfer. The
owner does not have a right to lease the property.
6. Lots may be resold only to the Town of Reading-, at the original purchase price.
7. Upon the death of the lot owner, ownership shall pass as provided by the statutes of
Massachusetts in force at that time. The Trustees will require proof of the rights of
ownership of such lot.
Care of Lots
8. The Trustees shall require certain deposits to be made at the time of sale for perpetual
care of the lot or grave without expense to the Town.
"Perpetual Care" means the cutting of grass on the grave or lot at reasonable intervals,
raking and cleaning, reseeding and other work as may be necessary to keep the lot or lots in
good condition., Perpetual care will not include the repairing or replacing of memorials.
Memorials
9. A memorial may be installed on a lot. The Trustees must approve the design and
specifications for any memorial. Flat markers shall be of granite or bronze; upright
memorials shall be of granite. No other materials shall be allowed.
196
10. Where permitted, only one upright memorial of granite may be placed on a lot subject of
limitations as outlined in other sections of these regulations. One flat marker may be set on
an individual grave. Markers may not be set to embrace two or more graves. All markers
shall be set flush with the ground. The foundations for all memorials will be installed by the
Cemetery Department and a fee will be charged.
11. In Laurel Hill, a memorial will not be installed unless the lot is endowed with perpetual
care. On old lots matching markers may be used if existing markers exceed regulation size.
If upright headstones become broken or excessively tipped, the right is reserved to lay these
into the ground as flat markers.
12. Neither the Trustees nor the Town shall be liable for damage to memorials or markers.
13. A stone cutter or other person who is to do work on a structure erected on a lot or grave
must obtain a written permit from the Cemetery Director before beginning work. Work must
be performed under the supervision of the Director. The work area must be left in proper
condition.
14. An owner of a lot or lots does not have the right to plant trees, shrubs or plants on the
lot(s). Nor does the owner have the right to erect a fence, curbing, hedge or any other
landmark. The Trustees have the right to remove any shrub, hedge, root or branch that they
may deem detrimental to other cemetery lots. The Trustees also have the right to remove
unsightly flowers, old vases and other containers that may present an unsafe condition. or be
detrimental to the looks of the lot or the cemetery in general. No vigil lights or wooden
crosses will be allowed on any lot or grave.
Memorial Regulations
15. The following regulations are for upright memorials. These limitations must be followed
or the memorial may not be erected.
On a two grave lot, maximum size 3'0 "x 1'0" base, 3' high.
On a three grave lot, maximum size 4'0 "x 1'3" base, 3' high.
On a four grave lot, maximum size 4'6 "x 1'6" base, 4' high.
On a five grave lot, maximum size 4'6 "x 1'6" base, 4' high.
On a six grave lot, maximum size 5'x 2' base, 4' high.
On a seven grave lot, maximum size 5'6 "x 2' base, 4' high..
On an eight grave lot, maximum size 6'x 2' base, 4' high.
On a single grave, only a flat marker is allowed.
Unless otherwise noted all markers. shall be 2' x 1'; and shall be of bronze or granite. Baby
grave markers shall be 1'3" x 0'8 ". Granite markers shall be consistently 4" thick.
In all veteran sections, grave markers shall only be of bronze.
Special Regulations for Charles Lawn Memorial Park
16. No upright memoriai wili be allowed on iots wit Iini i his tier l refer y. rac' i ii icii'viuuu; Ui
extra depth grave space may have a flush marker. A central marker will be allowed on lots
of two or more burial spaces. This will be no larger than Tx 1'.
17. Floral decorations are limited to one pot of 8 inches in diameter per grave.
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Urn Gardens at Forest Glen and Charles Lawn
18. Two cremation urns may be interred in each grave.
19. Memorialization will be- limited to one 2'x1' bronze flush marker in Forest Glen. Granite
or bronze markers may be used in Charles Lawn.
Interments and Removals
20. No interment may be made before (a) a permit is issued by the Board of Health to the
Director, (b) the owner of the lot gives an order to use the lot, and (c) all fees have been
paid.
21. The Director must be given reasonable advance notice of an interment or removal. This
notice must give the lot number, the grave number, name and age of deceased for a burial,
size of box and name of the undertaker in charge. Neither the Director nor the trustees will
be held responsible for any error in the given notice (including any order given by phone).
Fees for opening graves, making and recording interments, reinterments, funerals after
working hours or Saturday afternoons or holidays as well as other services will be
established by the Trustees and shall be paid in advance.
22. Funerals will not be allowed on Sundays, New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day nor Christmas Day.
23. All burial cases must be sectional concrete or monolithic containers.
24. In each regular grave space, one regular interment plus one cremation urn or two
cremation urns will be allowed, except extra depth lots in Charles Lawn, where provisions
have been made for two burials in one grave space.
General Regulations
25. All funeral processions in the cemetery are under the direction and control of the
Director.
26. No firearms are allowed in any cemetery except for military and memorial services.
27. Vehicles, except for those in a funeral, procession, may be excluded from any
cemetery. Maximum speed limit in any cemetery is fifteen miles per hour.
28. All persons walking through a cemetery must keep to the pathways and not trespass
on lots except for gaining access to their own lots. Parents must take full responsibility for
their children and not permit them to climb on headstones. Loitering, playing and dogs are
not allowed. .
29. Unauthorized gravestone rubbing is not allowed.
30. Cemeteries are open from sunrise to one half hour after sunset.
31. The soliciting of business by anyone within the cemetery is prohibited.
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32. No employee shall receive any fee or gratuity from any person except the standard
fees prescribed by the Trustees and to be paid to the Town. Any employee violating this rule
will be subject to disciplinary action.
33. The Trustees shall have authority to grant to owners to depart in special instances from
the provisions of the foregoing regulations in cases where it clearly appears that the spirit
and intent of the regulation will not thereby be violated.
or take any other action with respect thereto.
Board of Cemetery Trustees
ARTICLE 15 To see if the Town will vote to amend Section 6.3.17 of the Town of
Reading Zoning By -laws as follows: (Language underlined shows deletions /words in italics
denotes new language.)
6.3.17. Reconstruction after Destruction (by a Special Permit)
The Board of Appeals may grant a Special Permit for the reconstruction of a use, structure,
building, sign, parking space or loading bay or other situation allowed by Special Permit,
which is destroyed or damaged by explosion, collapse, fire, storm, natural disaster or other
catastrophic event, any of which is beyond the control of the owner or by the proposed
voluntary action of the owner, to demolish, in whole or in part, in a manner different from the
prior conditions, provided that the Board determines that:
a. The reconstruction conforms to the current requirements of this bylaw to the
,maximum extent practicable.
b. The reconstruction is appropriate in scale and mass for the neighborhood, with
particular consideration of abutting properties.
b. c. In the case of the reconstruction of a nonconforming use, that it complies with
the standards for the substitution of a nonconforming use.
Board of Selectmen
ARTICLE 16 To see if the Town will vote to rescind Article 5.18 of the Town of Reading
General Bylaws "Local History District" which was adopted pursuant to Chapter 40C of the
General Laws as originally voted under Article 17 of the November 18, 2004 Special Town
Meeting and amended under Article 27 of the May 5, 2005 Annual Town Meeting, or take
any other action with respect thereto.
Board of Selectmen
a
and you are directed to serve this Warrant by posting an attested copy thereof in at least
one (1) public place in each precinct of the Town not less than fourteen (14) days prior to
November 9, 2009, the date set for the meeting in said Warrant, and to publish this
Warrant in a newspaper published in the Town, or providing in a manner such as
electronic submission, holding for pickup or mailing, an attested copy of said Warrant to
each Town Meeting Member.
Hereof fail not and make due return of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said meeting.
Given under our hands this 22nd day of September, 2009.
Ben Tafoya, an
r
James E. Bonazoli, Vi airman
Camille W. Anthony, Secretary
VI
tephen A. Goldy
Aqa
Richard W. Schubert
SELECTMEN OF READING
10
O
SUBSEQUENT TOWN MEETING
Reading Memorial High School November 9, 2009
Precinct 1 appointed John Arena to fill a one -year vacancy.
Precinct 2 appointed Paul McNeice.to fill a one -year vacancy; Janice Murphy to fill a two -year
vacancy; Karen Cheverie and Phil Cheverie to fill three -year vacancies; with a one year vacancy
remaining open.
Precinct 4 appointed Matthew Wilson to fill a one -year vacancy.
Precinct 5 appointed Donnan Barnes to fill a three -year vacancy.
Precinct 8 appointed Olive Hecht to fill a one -year vacancy.
Alan Foulds and Laura A Gemme swore in newly appointed Town Meeting members after the
precinct meetings.
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:45 p.m., there being a
quorum present. The Invocation was given by Philip B. Pacino, Precinct 5, followed by the Pledge
of Allegiance to the Flag.
The Warrant was partially read by the Town Clerk, Laura A. Gemme, when,on motion by Ben
Tafoya, Chairman of the Board of Selectmen, it was voted to dispense with further reading of the
Warrant except for the Officer's Return, which was read by the Town Clerk.
ARTICLE 1 — Mary Ellen O'Neill, Chairman of Municipal Light Department, gave the following
Reading Municipal Light Department 2009 highlights:
The Board of Commissioners adopted a strategic plan in Fiscal Year 2009 to guide the
Department through 2015. Four key elements:
- an emphasis on energy efficiency and load management
- a long -term diverse and environmentally responsive power supply portfolio
- long -term reliability of the RMLD distribution system
- enhanced customer service to residential and commercial customers
To implement these strategies the RMLD has done the following:
- established and filled a full -time position for an energy efficiency engineer
- expanded its energy efficiency programs including residential and commercial energy
audits and various rebate programs ranging from appliance rebates to major commercial
,lighting rebates
- adopted a strategy for its power supply portfolio that includes contracts with different
suppliers for varying lengths of time and ongoing efforts to include renewable energy
resources in this portfolio
- commenced an $8 million dollar project at the GAW sub - station in Reading to replace the
three sub - station transformers and related equipment to improve the reliability and
capacity of the system
Subsequent Town Meeting
November 9, 2009
204
In FY 2009 the RMLD sold 696 million kilowatts of electricity, a 3% decrease from FY 2008. The
peak,demand in FY 2009 of 155 megawatts occurred in July 2008, which was about 8% lower
than the previous year's peak demand.
Fuel costs for FY 2009 were $51 million, 7% higher than the previous year.
The RMLD makes voluntary payments to the four towns in its service territory based on each
town's percentage of kWh sales. In addition, the RMLD makes a return -on- investment payment to
the Town of Reading. In FY 2009, the RMLD returned a combined total of $2.35 million to
Reading, an increase of 2.3% above the previous year.
Additional information on our capital projects and financial status is available in our FY 2009
Annual Report, which is being distributed this evening.
Annual Report provided and available at Reading Municipal Light Department, 230 Ash Street
ARTICLE 1 — Charles Robinson, School Committee introduced Dr. John Doherty, Acting
Superintendent
ARTICLE 1 — John Doherty, Acting Superintendent of Schools, gave the following State of the
Schools report:
Town Meeting Speech
I. Welcome
a. Thank you, Chairman Robinson. Good Evening. I would like to take this opportunity to acknowledge and thank
the Reading Board of Selectmen, Finance Committee, my fellow Town Department Heads, our Town Manager, the
Reading School Committee, Reading Public Schools Administration, Faculty and Staff and you, Town Meeting Members
for all the hard work and effort all of you put into making our Town of Reading such a great place to live, work and learn.
b. On behalf of the Reading School• Committee, I am pleased to present to you the 2009 State of the School
Address. I would like to thank the Reading School Committee for giving me the opportunity to lead the school district this
year as Superintendent Schettini is on medical leave. Before I begin, I would like to update you on Pat's progress. As you
may or may not know, Pat had very successful surgery two weeks ago and is now recovering at home. He is in great
spirits, and thanks all of you for your support, your thoughts and prayers. He appreciates and continues to welcome the
cards, emails, and phone calls. Please keep him in your thoughts and prayers as he goes through this recovery period.
C. As we are now one quarter into this school year, I want to personally thank the following groups for their support
and leadership: the Reading School Committee, Central Office Administrators, Building level administrators and Directors.
I would tike to thank Town Officials for their continued collaboration and guidance.
d. Last year at this time, Superintendent Schettini unveiled for you the vision for the Reading Public Schools. This
collaborative vision focuses on three main areas: Curriculum, Instruction, Technology, and Assessment; Leadership,
Personnel, and Learning Environment; and Families and Community. In the handout that you received this evening there
are excerpts from the vision. I am pleased to announce that we have already seen gains since last year in, moving toward
our vision-and continue to see advances in a regular manner this year. Tonight's State of the School address will highlight
our accomplishments that support our district's vision,
IL Superintendent's Award .
a. One of those highlights recognizes academic achievement. The Massachusetts Association of School
Superintendents Superintend>nt's Award for Academic Excellence is presented annually to two deserving students
following the tradition introduced by Supt. Schettini 7 years ago.. The two students receiving the award this evening typify
the many outstanding seniors who attend Reading Memorial High School. The academic criteria for the Superintendent's
Award include a strong three year cumulative average, high class rank, participation in community service activities, and
are currently in the top 5% of their graduating class..
b. Patrick DeBenedetto
III. Our first recipient tonight is Patrick DeBenedetto, who is currently taking Honors English, Computer Aided .
Design, AP European History, AP Spanish, Calculus and Physics. Patrick has been captain of the lacrosse team for the
last two years, is a member of the indoor track team, and has been a class officer all four years at Reading Memorial High
School. He is currently the President of the National Honor Society and has volunteered countless hours with the Reading
Recreation Program and the Youth Lacrosse Program. Regarding his college plans, Patrick has applied to several
excellent schools.including Tufts, Northeastern, Clarkson, and Dartmouth. He intends to major in Engineering and play
lacrosse. Patrick, please come forward and receive the 2009 Superintendent's Award.
a. Abigail Tyrell
i. Our next recipient is Abigail Tyrell, who is currently taking all advanced placement courses in Chemistry,
Biology, English, European History, and Calculus. She is a member of the National Honor Society and last year won 1 st
prize in the National History Day Competition for a documentary, as well as, the Merrimack Valley Scholastic History
Award in Grade 10 and 11. Abby is a recipient of the Dartmouth College Book Award, a four year member of the field
2 Subsequent Town Meeting
November 9, 2009
205
hockey team, a three year member of the science team and has participated in the Red Cross Club, Chess Club, and the
Book Club for two years.
ii. Outside of school, Abby earned her Girl Scout Gold Award by organizing a series of clean up days in the
community. She is a volunteer at Winchester Hospital, a tutor to middle school students, and is a youth field hockey
coach.
iii. Her college plans include applying early decision to Yale University, pursuing a major in Biology or Chemistry.
She also is very interested in eventually either becoming a medical researcher or a physician. Abby, please come forward
and accept the 2009 Superintendent's Award for Academic Excellence.
IV. Accomplishments of District
a. I am proud to now highlight other accomplishments of the Reading Public Schools for the 2008 -09 school year.
The packet that you received this evening lists several of the 2008 -09 accomplishments, as well as, current initiatives.
Over the last several years, I have had the opportunity to network with colleagues and visit schools from all over the
country. I have come to the conclusion that Reading is a very special place. The learning experiences, activities and
programs that we offer. in this school district are not commonly found in other school districts. These would not be possible
without the dedication of our staff, the strong leadership provided by our principals, assistant principals, and directors, and
the financial and volunteer support that we receive from our parents and our community. What you will hear and see this
evening was truly accomplished through a team effort. There may be other accomplishments not mentioned tonight for
which I apologize if I have omitted any of them.
b. District
I. At the district level, The Reading Public Schools continues to graduate a very high percentage of college bound
students. Students go on to attend some of the top schools across the country. Our students continue to excel in
standardized tests like the MCAS, AP and SAT tests and, once again, 100% of our graduating class passed the MCAS
test requirement for graduation.
ii. Under the leadership of Kara Gleason, we completed a very successful three year Teaching of American
History Professional Development Grant and I am pleased to announce that Reading has received a second one million
dollar federally funded grant for the next three years. This professional development grant will enable us to continue our
work in teaching American History from a global perspective.
iii. In addition to the Teaching of American History Grant, our district provided numerous professional development
opportunities for our teachers and para - educators in a variety of areas including technology integration and 21 st Century
Skills, project based learning, literacy, inclusion, and curriculum development.
iv. One such experience occurred this past April when Reading was the host to the Blueprint for Educational
Excellence National Institute. This high energy two day institute focused on the sharing of best teaching practices in a
variety of areas and was attended by over 800 educators from all over the country, including our entire Reading Public
School staff. It was also our most cost effective professional development activity ever costing us only $4.11 per staff
member. It was a successful and inspiring experience for those in attendance. We are proud to say that we will host this
conference again this year in Reading.
V. Under the leadership of Reading Memorial High School Fine Arts Department Chair Bill Endslow and
Elementary Fine Arts Curriculum Coordinator Al Mosier, our 4th annual ArtsFest, which showcases student art work,
drama, and music performances, was the best it has ever been. And that is a high bar to achieve.
vi. Under the leadership of Colleen Dolan, the Office of Pupil Services has created new programs within our
schools to better meet the needs of our students at all levels. As a result a number of students have returned to the district
from out of district placements. There are three benefits to these programs. First, a significant cost savings for our district.
Second, and more importantly, our students who were previously separated from their peers are now in inclusive settings
in their community schools and are provided more appropriate opportunities for academic and social growth. Finally, the
quality of our programs has enabled us to tuition in 4 students from other districts who would otherwise be placed in non -
inclusive settings. It is the right thing to do for our children.
vii. Our schools are better prepared for crisis and emergencies and are safer because of the leadership of
Emergency Preparedness Grant Coordinator Frank Orlando, School Resource Officer Rich Abate, our building principals,
the district and school based safety committees, and the efforts of the Reading Police Department and Chief James
Cormier and the Reading Fire Department and Chief Greg Burns. Over the last. 15 months, we have seen the impact of
these safety plans as we have addressed a variety of emergency issues.
C. High School
i. Reading Memorial High School continues to focus on preparing our students for a 21st Century Global Society
with increased use of technology integration, project based learning, and authentic assessments.
ii. Reading's success in the National History Day Competition continues as several RMHS students competed at
the state -level
iii. Based on tenth grade MCAS scores, 80 of our students qualified for the Abigail Adams scholarship which gives
them free tuition to any of our state colleges and Universities.
iv. 14 RMHS students were recognized as National Merit Scholars Commended Students and 2 of our students
are National Merit Scholar Semi - Finalists.
V. Our high school staff has received recognition as well. Our Foreign Language Department Chair Joanne
Alvarez received the Wheaton College Award for Outstanding High School Teaching. History teacher Dr. Jeff Ryan
received The Kidger Award from the New England History Teachers Association, Music Teacher David Bunten was
elected to the Music Educator Hall of Fame and Athletic Director Phil Vaccaro was named the Massachusetts State
Athletic Director of the Year.
d. Our Fine Arts programs continue to be exemplars for the region. The Marchino Band and Jazz Banns received
several gold medals in competitions throughout the year. Several musicians were recognized for outstanding
musicianship at competitions. The RMHS Jazz Band performed at the Hatch Shell on the Charles River Esplanade. Our
music program has expanded to include courses in the new Midi -Lab for music composition. Two students were
recognized by the Massachusetts High School Drama Guild and received State Awards for Set Design. Several students
Subsequent Town Meeting
November 9, 2009
1.
received Boston Globe Scholastic Art Awards. Our Visual Arts curriculum has expanded to include the addition of AP Art
courses in Studio Art and Digital Photography.
e. Last year, the RMHS Drama Club had very successful productions of Peter Pan, The Scarlet Letter and The
Laramie Project. The community support for the Laramie project and the year long Project Challenge was amazing and it
continues to show how by working together toward a common cause, powerful messages can be communicated.
f. As an aside, I encourage you to attend our student fine arts performances, including the fall drama production
that begins this week, Me and my Girl. The quality of these performances and productions are incredible. In these difficult
economic times, it is even more important to support the arts in our schools.
V. Our high school athletic program continues to excel both on the playing surfaces and on the sidelines. Reading
Memorial High school received the prestigious Ames Award from the Boston Globe for the highest winning percentage
over all three seasons. We had several Globe and Herald All- Scholastic athletes and Coaches of the Year. Our boys
winter track team and girls volleyball team won sectional championships and RMHS received the District B Sportsmanship
Award and Sportsmanship Media Award.
VI. Our middle schools continue to provide the strong foundation knowledge and skills necessary for our students
to be prepared for high school.
a. Both Parker and Coolidge Middle Schools were awarded for a second three year cycle to be NELMS Spotlight
Schools for their leadership and best practices in middle level education. There is no other community in New England
that has each of their middle schools recognized as both National Blue Ribbon Lighthouse Schools and NELMS Spotlight
Schools. The Parker Math Team went undefeated and finished first in the Intermediate Math League while the Coolidge
Science Team continued to excel in state and national competitions. In addition, Parker and Coolidge students received
top honors in literacy, history, and geography, and foreign language events. Both middle schools continue to provide,
quality opportunities for our students in the fine arts with strong music and art programs, productions of Alice in
Wonderland and The Secret Garden, and participation in the Junior District Music Festival. Several students received
Boston Globe scholastic art awards and our middle school jazz band received a gold medal at the Massachusetts
Association for Jazz Education Festival.
VII. Our elementary schools continue to prepare our students with the skills and knowledge necessary to transition
successfully to middle school. Each school has a unique culture that focuses on content skill building, character
education, health and wellness, the arts, technology integration, community service, and literacy.
a. Last year, the Barrows Elementary School was awarded the designation of a Blue Ribbon Lighthouse School
and along with the Joshua Eaton Elementary School were the site visit schools for the April Institute. I am also pleased to
announce that in December the Wood End Elementary School will be awarded the designation of Blue Ribbon Lighthouse
School.
b. Due to the joint efforts of our PTO's and district funding, each elementary school now has SMART Boards in
every classroom. These interactive white boards have changed instruction forever in our classrooms.
C. Under the leadership and dedicated efforts of David Ventola and several parent volunteers, over 100
elementary students participated in the First Annual Lego Robotics invitational in January. The momentum continues as
we now have teams at both the elementary and middle school for this year.
d. RISE Preschool continues to grow offering superior programming for 3 — 5 year olds. This year a substantially
separate program was added so that the needs of students with severe disabilities could be met in an inclusive setting.
Our teachers and para- educators are continually engaged in professional development activities including training in
specific disabilities, video modeling, and push =in related therapy services. Support form the RISE parent teacher network
has provided excellent enrichment opportunities for RISE students.
VIII. The unsung heroes in our school district are in our Food Service and Facilities Departments under the
leadership of Director of Finance and Operations Mary DeLai, Director of Facilities Joe Huggins, Assistant Director DJ
Cacciapuotti, Jr. and Director of Food Services Kristin Morello. These departments have implemented several cost
savings measures and improved efficiencies which positively affect all other budgets.
a. In our facilities department the most significant accomplishment continues to be energy conservation. Our
continued aggressive management and control strategies have led to significant conservation of energy resources with
significant credit going to the diligent efforts of the custodial staff.
b. Because of your support last year at Town Meeting, we have begun the implementation of performance
contracting which will result in over $5.5 million in energy conservation improvements to school and town buildings to be
completed in January of 2011.
c. We have enhanced the use of the competitive bidding process resulting in cost containment and cost reduction
for many repair and maintenance trade contracts.
d. Because of these efforts, our buildings are in unprecedented condition from a cleanliness, safety, and security
perspective.
IX. Food Service
a. In our food service department, we now have full implementation of a Point of Sale System across all schools in
the district. This use of technology significantly improves the collection of receipts from students and improves customer
relations with parents.
b. We are the only district in the Commonwealth to have ALL food service staff enrolled as members of the School
Nutrition Association and participating regularly in SNA professional development activities.
C. Finally, our Director of Food Service, Kristin Morello was named the State and Regional Food Service Director
of the Year by the School Nutrition Association.
X. School Secretaries
a. Last, but not least, we have now completed our first full year of utilizing the new MUNIS system. This successful
implementation is due to the school leadership of Mary DeLai, the town leadership of Gail LaPointe, and the hard work of
our school secretaries who have done an outstanding job learning and integrating these new tools to improve tracking,
monitoring, and reporting of the numerous financial and human resources tasks.
XI. Teamwork
Subsequent Town Meeting
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a. This is just a snapshot of what is happening in our district. I would like to reemphasize why the Reading Public
Schools has continued to improve and move forward while some surrounding school districts have stood still. It takes a
culture that is focused on leadership and teamwork, not only within our schools, but with town government and the
community as well. A few weeks ago, Peter Hechenbleikner and I attend a joint session of Town Managers and
Superintendents at the Massachusetts Municipal Association Joint Conference. The focus of the session was sharing
town services with schools. What we quickly found out is that our town has already done several of the "Best Practices"
that were highlighted, particularly in the areas of Facilities, Buildings and Grounds, Human Resources, and Finances.
b. However, as we all know, our culture will be challenged this year as we face limited resources caused by a
weakening economy and a decrease in state aid. For the last several years, we have had the opportunity to grow and
improve as a community together. Now, we face our next test to continue to provide a quality education for our children
and quality services for our citizens without dismantling the core structures that we have in place. History has shown us
that if we dismantle those structures, it will take us even longer to put it back together once the economic conditions
improve. This challenge will take leadership, innovation, but most of all, teamwork. Neither town government, nor the
school department will be able to accomplish this task alone. You have my word that I will continue to lead and support
the collaborative culture begun by Superintendent Schettini and work in partnership with Town Officials to navigate
through these turbulent waters during difficult economic times.
XII. To that end, I would like to share with you the Superintendent's Goals for the 2009 School Year. These goals
are in alignment with our individual school improvement plans, our mission, and our vision. These goals are focused on
keeping our school district improving and moving toward our vision, even during these difficult turbulent times.
1. _ The first goal. is to provide leadership, effective communication and support to the district, the school committee,
and the community as we pursue the vision of the Reading Public Schools during challenging fiscal times, especially in
the areas of special education, curriculum, instruction, assessment, and technology integration. Our focus needs to
continue be on teaching and learning and we need to continue to creatively find the resources to continue in this area.
2. To oversee full implementation of the district's emergency safety plans. As you may or•may not be aware we
received Federal Emergency Preparedness Grant 2 years ago which has allowed us to develop safety and emergency
preparedness plans. This year, in cooperation with the Police and Fire Departments we are conducting a series of
lockdown, evacuation, and shelter in place drills to practice the effectiveness of these plans. In addition, we continue to
work closely with the Town Health Department and Town Health Administrator Larry Ramdin to implement our H1 N1
pandemic plan and provide the continuity of learning necessary for our students.
3. To work collaboratively with the Town of Reading to develop an FY11 budget that minimizes reductions in
programs, maximizes efficiency of services and seeks out additional revenue sources in order to maintain focus and
progress toward the district's vision. I have already elaborated on this goal, but during the next two months, Mary DeLai
`and I will be presenting a Superintendent's Recommended Budget to the School Committee which will have significantly
less educational services than the current FY10 budget. It will be critical to seek out additional revenues, consolidate our
costs, and identify other means to continue to provide the same high level of education that we have here in Reading.
4. To work with RCASA (Reading Coalition Against Substance Abuse) and school leaders to develop and
implement an action plan which addresses key areas of concern as measured in the 2009 Youth Risk Behavior Survey
and other data sources. Recently, we received the results of our 2009 YRBS survey for Middle and High School Students
and have identified the areas on which to focus on and strengthen. We will continue to work in collaboration with the
Executive Director of RCASA, Erica McNamara to address this critical community and school issue.
5. To maximize efficiency and effectiveness of our human resources area through ongoing review and
improvement of the hiring process, induction of new personnel, employee support, professional development, and
evaluation systems. As you are aware, we have restructured our human resources department which has allowed us to
focus more time and energy on the hiring and development of our staff, which is our greatest resource during difficult
budget times.
6. To oversee development of additional before school, after school, and summer expanded learning opportunities
for students. For the last several years, we have emphasized expanded learning opportunities for our students. We see
this year as an opportunity to expand the programs even further and to provide an additional revenue source for the
school department budget.
7. To practice and encourage everyone to maintain a healthy balance between personal and professional life. In
order for us to be effective during stressful times, we need to maintain a healthy balance. This goal is critical so that we
can continue to lead effectively.
XIII. Ladies and Gentlemen, I leave you this evening with two quotes on teamwork. I included the first one from
Disney's High School Musical because being a father of two daughters; I can't ever seem to escape this movie. The quote
is simple, but pertinent for the situation that we are in today.
"We are all in this together."
The last quote I want to share with you is from Andrew Carnegie who defines teamwork as, "Teamwork is the ability to
work together toward a common vision and direct individual accomplishments toward organizational objectives. Teamwork
is not only limited to working together but it collectively means to achieve whatever is planned, by helping each other. It is
the spirit to care for others in your group, help them, support them, and then win together. Teamwork is the fuel that
allows common people to attain and achieve uncommon results."
I think this quote exemplifies the challenges that each elected board, each department head, each administrator, and town
meeting members will face over the next several months as we develop an FY11 budget. I am confident that our spirit of
teamwork will allow us to achieve those uncommon results.
I want to thank you for your time this evening and I look forward to working with you in my role as Acting Superintendent
for the remainder of the school year.
ARTICLE 4 - Peter Hechenbleikner, Town Manager, Report of progress — Instructional motion re
Cemetery Garage from 2009 Annual Town Meeting
Subsequent Town Meeting
November 9, 2009
1:
:ARTICLE 1 -- On motion by Ben Tafoya, Chairman of the Board of Selectmen it was voted to
table the subject matter of Article 1
Motion Carried
:ARTICLE 2 - On motion by James Bonazoli, Vice Chairman of the Board of Selectmen, it was
voted to table the subject matter of Article 2.
Motion Carried
ARTICLE 3 — On motion by Camille Anthony, member of Board of Selectmen, it was voted to
amend the FY 2010 — FY 2020, Capital Improvements Program as shown on Pages 26 through
33 of the Warrant Report and as provided for in Section 7 -7 of the Reading Home Rule Charter. A
FINCOM Report was given by George Hines.
The following are proposed modifications to the CIP previously approved at the Annual Town
Meeting in April 2009:
• C1 to C99 — All FY 2020 items are new to the CIP;
• C1 to C99 — Several energy - related items have been deleted from the CIP as they are being
funded by the debt for Performance Contracting;
• C1 to C99 — Some items have been updated to reflect current cost estimates:
• C1 to C99 — Some items have been moved ahead in time or further into the future reflecting
changing priorities;
C2 (Buildings — Schools) —Add a Phone System for Coolidge MS in FY 2017 ($50,000);
C41Buildings — Town) - Add an Elevator Controller for the Library in FY 2012 ($35,000);
C9 (Public Safety - Fire) — Add a Patient Care Reporting System for Fire Department ALS
Ambulance Service in FY 2011 ($25;000);
• C12 (DPW = Parks and Cemetery) — Several new items have been added to the Parks list of
capital, reflecting further investigation by planners for Washington Park and the Birch
Meadow complex. Some backstop projects now include re- grading the infields.
At the April 2009 Annual Town Meeting, Town Meeting member Jeff Struble offered an
instructional motion to the Board of Selectmen regarding the process of developing plans for
replacement of the Cemetery garage. This is a report of progress on that issue.
Since the Annual Town Meeting, the Board of Selectmen and ,Board of Cemetery Trustees have
discussed this matter, and have accepted a process to produce and evaluate the information that
we need in order to make a decision. The primary issues are:
• Where should such a facility be located?
• What should be the size of any such facility?
In order to proceed we have made the following assumptions:
• meet the needs of the Cemetery Division for approximately 50 years
• as much flexibility as possible
• we will not be creating new cemeteries or expanding the size of our existing cemeteries
• the basic form of governance of the Town or the Cemetery Division will not change
6 Subsequent Town Meeting
November 9, 2009
NOR
• The quality of design and construction should reflect the historical nature (if any), quality, and
scale of the neighborhood in which it is to be located
We have determined that we need to collect the following information:
1. What elements of the Cemetery Division are we designing a facility to house
2. How much of the elements identified should a facility be designed for
3. Considerations in location and. design
4. Impact on abutters
5.. General Management Issues
6. What is Shared (primarily with DPW)
Thanks to the excellent work on the part of the Department of Public Works — Jeff Zager, George
Zambouras, Chris Cole, and Bob Keating - much of this information has been collected. We know
the following:
• Existing conditions
• Building need — 3800 square foot for storage and 900 square foot for employee
related space — total 4700 square foot
• General location factors have been identified
What needs to be accomplished next is to determine what among potential sites is optimal, what
the cost and scope of the next steps will be, and how to fund whatever these next steps will be.
We expect to have a further report to the Annual Town Meeting, including potential action to be
taken by Town Meeting_
Motion carried
ARTICLE 4 — On motion by George Hines, Finance Committee, it was voted to amend the
following votes taken under Article 14 of the April 27, 2009 Annual Town Meeting relating to the
Fiscal Year 2010 Municipal Budget, and that the Town vote to raise and appropriate from
available funds the following sums as the result of such amended votes for the operation of the
Town and its government:
Article submitted as listed below:
Line B99 — To reduce the use of free cash by $169,743;
Lines B99 to K92 — To use an additional $130,000 from property taxes, State aid and non -
property tax local receipts;
Line V99 — To reduce the use of property taxes, State aid and non - property tax local receipts by
$842,443;
Line C7 — To use free cash in the amount of $75,000.
General Fund — Wages and Expenses - Block A
Account Line
Description
Decrease
Increase
FINCOM Vote
B99
Benefits — Expenses
Health Insurance
$175,000
9 -0 -0
Performance Contracting
I
( $60,000
I 9 -0 -0
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210
E97
Northeast Vocational
Decrease
Increase
FINCOM Vote
Ongoing budget discussions
V99
$28,257
0 -8 -1
G92
Town Administration — Expenses
9 -0 -0
Reduce General Fund
Subtotals
P &C Insurance
$15,000
Expense to allow payment by Federal
9 -0 -0
K91
Community Services — Wages
Grant
Planning
$12;000
9 -0 -0
K92
Community Services — Expenses
Net Operating Expense Reductions
$842,443
Veteran's Benefits
$50,000
9 -0 -0
Subtotals
$190,000
$150,257
$842,443
Net Operating Expense Reductions
$39,743
Fed Grant replaces State
and Transfers
Aid
Net Change in Revenues
$130,000
New Growth' +$250k
Reading Ice AA - $120k
Reduce Free Cash Use from
$169,743
$346,805 to $177,062
General Fund — Wages and Expenses- Block B
Account Line
Description
Decrease
Increase
FINCOM Vote
V99
School Department
$842,443
9 -0 -0
9 -0 -0
Reduce General Fund
Subtotals
$75,000
Expense to allow payment by Federal
Net from Operating Transfers
and Available Funds (Free
Cash)
$75,000
Grant
Subtotals
$842,443
Net Operating Expense Reductions
$842,443
and Transfers
NOTE: Net Change in Revenues
$842,443
Fed Grant replaces State
Aid
General Fund — Capital -= Block C
Account Line
Description
Decrease
Increase
FINCOM Vote
C7
Finance Department - Assessors
Replace Assessor's
Software System
$75,000
9 -0 -0
Subtotals
$75,000
Net from Operating Transfers
and Available Funds (Free
Cash)
$75,000
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November 9, 2009
211
At the Annual Town Meeting in April 2009, Town Meeting approved an .increase from the
recommended FY 2010 budget in the amount of $19,473 for funding the, then vacant position of
Coordinator of Volunteers in the Elder /Human Services Division. As you are all aware, since that
time an uncertain economic picture has become even -more uncertain. I have not filled the
position, pending the foreseen cuts to local aid by the Governor in the month of October- Local
government was spared direct reductions in the latest series of state budget reductions. It is not
certain that what we saw in October is the last of the State budget reductions that will be required
in FY 2010. Meanwhile the essential functions of the position are being carried out by Staff in the
Elder /Human Services Division as well as the Finance Department, and some of the functions
have been outsourced to community groups.
On motion by Ben Tafoya, Precinct 4, Board of Selectmen. Chairman it was moved to adjust line
item E -97 Northeast Vocational to zero (0) dollars
Amended and carried as listed below:
Line B99 —To reduce the use of free cash by $198,000;
Lines B99 to K92 — To use an additional $130,000 from property taxes, State aid and non -
property tax local receipts; '
Line V99 — To reduce the use of property taxes, State aid and hon- property tax local receipts by .
$842,443;
Line C7 — To use free cash in the amount of $75,000.
General Fund — Wages and Expenses - Block A
Account Line
Description
Decrease
Increase
FINCOM Vote
B99
Benefits — Expenses
Health Insurance
$175,000
9 -0 -0
D99
Debt Service
Performance Contracting
$60,000
9 -0 -0
E97
Northeast Vocational
Ongoing budget discussions
$0
0 -8 -1
G92
Town Administration — Expenses
P &C Insurance
$15,000
9 -0-0
K91
Community Services — Wages
Planning
$12,000
9 -0 -0
K92
Community Services— Expenses
Veteran's Benefits
$50,000
9 -0 -0
Subtotals
$190,000
$122,000
Net Operating Expense Reductions
$68,000
and Transfers
Net Change in Revenues
$130,000
New Growth +$250k
Reading Ice AA - $120k
Reduce Free Cash Use from
$198.000
$346,805 to $148,805
9 Subsequent Town Meeting
November 9, 2009
212
General Fund — Wages and Expenses - Block B
Account Line
Description
Decrease
Increase
FINCOM Vote
V99
School Department
$842,443
9 -0 -0
9 -0 -0
Reduce General Fund
Subtotals
$75,000
Expense to allow payment by Federal
Net from Operating Transfers
and Available Funds (Free
Cash)
$75,000
Grant
Subtotals
$842,443
Net Operating Expense Reductions
$842,443
and Transfers
NOTE: Net Change in Revenues
$842,443
Fed Grant replaces State
Aid
General Fund — Capital — Block C_
Account Line
Description
Decrease
Increase
FINCOM Vote
C7
Finance Department - Assessors
. Replace Assessor's
Software System
$75,000
9 -0 -0
Subtotals
$75,000
Net from Operating Transfers
and Available Funds (Free
Cash)
$75,000
Motion Carried as Amended
ARTICLE 5 — On motion by Richard Schubert, member of the Board of Selectmen, it was voted
to indefinitely postpone the subject matter of Article 5.
Motion Carried
ARTICLE 6 — On motion by Steven Goldy, member of Board of Selectmen, it was voted that the
Town is to authorize the Board of Selectmen to sell, or exchange, or dispose of, upon such terms
and conditions as they may determine, the following items of Town tangible property,
• Tennis Court wind screens
Presentation by Peter Hechenbleikner, Town Manager
As part of the design and bidding of the new tennis courts on Bancroft Avenue, the proponents
asked that the project include wind screens in conformance with, USTA standards. When the wind
screens were installed, residents in the neighborhood asked that they be removed, and the Board
10 Subsequent Town Meeting
November 9, 2009
213
of Selectmen agreed. These wind screens are now surplus to the Town's needs, and we would
like to sell them for the best available price, through eBay, Craig's List, auction, bid, or any other
means available. The initial cost to the Town was $10,350.
Motion. Carried
ARTICLE 7 — On motion by Robert I. Nordstrand, Secretary of Board of Assessors, it was voted
to indefinitely postpone the subject matter of Article 7.
Motion Carried
ARTICLE 8 - On motion by Ben Tafoya, Chairman of the Board of Selectmen, it was voted to
rescind authorized but unused debt in the amount of $120,000 for energy and similar
- improvements to Town owned buildings as authorized by Article 9 of the November 10, 2008
Subsequent Town Meeting.
Presentation by Robert LeLacheur, Finance Director.
Background: Last November, Town Meeting approved $120,000 in a debt authorization in order
to complete a comprehensive energy audit of all School and Town facilities. In the event that a
performance contracting project was not undertaken, the Town would owe this amount, to the
auditing firm. However, Town Meeting approved the performance contracting project at the
Annual Town Meeting in April 2009 and, therefore, no audit fees are due and there is no further
need for this debt authorization.
Motion Carried
ARTICLE 9 — On motion by James Bonazoli, Vice Chairman of the Board of Selectmen, it was
voted to raise by borrowing pursuant to G.L. Chapter 44, §7(1) and appropriate the sum of
$404,000 for the purpose of reconstructing surface drains, sewers and sewerage systems,
including the costs of engineering services, plans, documents, cost estimates, bidding services
and all related expenses incidental thereto and necessary in connection therewith, said sum to be
spent under the direction of the Town Manager; and that the Town vote to authorize the Town
Manager, the Board of Selectmen, or any other agency of the Town to apply for a grant or grants
to be used to defray all or any part of said sewer construction and /or reconstruction and related
matters; and that the Town vote to authorize the Town Manager to enter into any or all
agreements as may be necessary to carry out the purposes of this Article; and that the Town
authorize the Town Manager, the Board of Selectmen, or any other agency of the Town to apply
for a non - interest bearing loan from the Massachusetts Water Resources Authority and to
authorize the Treasurer - Collector, with the approval of the Board of Selectmen, to borrow
pursuant to said loan.
Background: The MWRA's Infiltration and Inflow (1/1) Local Financial Assistance Proaram
provides support to MWRA member communities to perform sewer rehabilitation and reduce
infiltration and inflow into the sewer system. The assistance is provided through a combination
grant and no- interest loan from the MWRA. The Town allocation under Phase 7 of the program is
(� Subsequent Town Meeting
November 9, 2009
214
$404,000 of which 40% ($181,800) is in the form of a grant, and 60% ($222,200) in the form of a
no- interest loan_ The loan is required to be paid back to the MWRA in equal installments over a
five -year period beginning one year after distribution of the funds
Acceptance of the grant/loan offer will enable the Town to continue with its 1/1 removal
program to remove unwanted sewage flows from the sewer system which reduces excess
assessments from MWRA and decreases the excess demand on the sewer system.
The Town's 1/1 removal program consists of house -to -house inspections, TV inspections,
test and sealing of manholes and sewer mains, spot repair of sewers, lining and replacement of
sewers, flow metering and gauging. Infiltration occurs when surface water enters sewers through
leaks, cracks and faulty joints in pipes and manholes. Inflow is caused from storm water runoff
that enters the sewer system through improper connections such as cross connected drains, roof
drains and sump pumps. The house -to -house inspections will identify inappropriate direct
connections (inflow) to the Town's sewer system with the purpose of, assisting residents with
identifying methods to remove the connections.
The Town will also provide limited financial assistance to the homeowner. TV inspections
and the testing and sealing of manholes and sewer mains will continue with the purpose of
identifying and eliminating points of infiltration into the sewer system. Spot repairs, lining and
replacement of sewers are performed when damage to the sewer system is not repairable or cost
effective through internal sealing.
The Town will also perform flow metering and gauging to assist the Town in determining.
the areas of the sewer system that are experiencing the highest levels infiltration and inflow. Flow
metering will also help to establish how effective the Town has been in mitigating 1/1 for the past
several years.
2/3 vote required
144 voted in the affirmative
0 voted in the negative
Motion Carried
ARTICLE 10 — On motion by Bill Brown, Secretary of Board of Cemetery Trustees, it was voted,
that the Town vote to indefinitely postpone the subject matter of Article 10.
Motion Carried
ARTICLE 11 — On motion by Camille Anthony, member of Board of Selectmen it was moved that
the Town vote to accept the provisions of G.L. c. 64L, § 2(a) to impose a local sales tax upon the
sale of restaurant meals originating within the Town by a vendor at the rate of .75 percent of the
gross receipts of the vendor from the sale of restaurant meals, to take effect January 1, 2010.
Alan Foulds excused himself due to possible conflict of interest, ownership of a restaurant in
Reading; Town Clerk, Laura A Gemme requested nominations for an Acting Moderator; .Mr.
Schubert nominated Paul Dustin
Motion Carried to have Paul Dustin fill in to moderate Article 11
12 Subsequent Town Meeting
November 9, 2009
215
Presentation by Bob LeLacheur, Finance Director.
Background: The Town may now approve as a local option an excise of .75% on the sales of
restaurant meals originating within the municipality by accepting the provisions of G.L. c. 64L, §
2(a). The Massachusetts Department of Revenue (DOR) will collect the local meals excise at the
time it collects the State tax on the sale. Therefore, the local excise applies to all meals subject to
the State sales tax.
A community may not vary the rate or the meals subject to the excise. The acceptance of the
meals excise may not be rescinded fora period of three years from the date of local acceptance.
A community's acceptance of the local meals excise becomes operative on the first day of the
next calendar quarter after the vote, provided that date is at least 30 days after the vote to accept.
If not, the acceptance becomes operative on the first day of the second quarter after the vote. If
accepted by this Subsequent Town Meeting, the Local Option Meals Excise will become effective
January 1, 2010.
The Town has looked at the following issues with regard to the meals excise, and will present
updated information to Town Meeting:
What are other near -by communities doing with respect to adoption of this local option?
.An updated list will be presented to Town Meeting.
How much money will be generated to the Town of Reading by acceptance of this local
option? The estimate is $150,000 per year. There are.several estimates available using
different methodologies, and this is the mid -range of those estimates
♦ What are the Reading establishments that sell meals that would be subject to this local
option? There is a list of 40 "Common Victualers" licensed establishments in Reading.
♦ Can a "sunset" of this local option meals excise be included in the acceptance? No. If
accepted by Town Meeting, Town Meeting could consider whether or not to rescind the
acceptance three or more years after it is accepted.
♦ 'How much of the meals excise on restaurants in Reading would be paid by residents of
Reading? There is no way to determine or even estimate this statistic.
What would the meals excise be for typical meals? For a $2.00 cup of coffee, the
additional excise would be 1.5 cents; for a $10.00 meal, the additional excise would be
7.5 cents; fora $100.00 meal, the additional excise would be 75 cents.
• What is the meals excise levied on? Fast food? Candy bars? Drinks at a restaurant?
Drinks at a club? A "meal" is defined as "any food or beverage, or both, prepared for
human consumption and provided by a restaurant, where the food or beverages is
intended for consumption on or off the restaurant premises, and includes food or
beverages sold on a "take out" or "to go" .basis, whether or not they are packaged or
wrapped, and whether or not they are taken from the premises or restaurant. "Therefore,
the local option meal tax is imposed on alcohol and other beverages served either with or
Without a meal, for example, at the restaurant bar. A "restaurant" is broadly defined
and means "any eating establishment where food.... or beverages are provided and for
which a charge is made, including but not limited to, a cafe, lunch counter, private or
social club, cocktail lounge, hotel dining room, catering business, tavern, diner, snack
bar, dining room, vending machine, and any other place or establishment where food or
beverages are provided, whether stationary or mobile, temporary or permanent..." The
MA Department of Revenue will issue implementation guidelines. Vending machines
which dispense snacks and candy with a price of less than $3.50 are also exempt.
Church suppers, etc. are also exempt.
Bylaw Committee Report: The Bylaw Committee voted to recommend the subject matter of this
13 Subsequent Town Meeting
November 9, 2009
fAU
Town Meeting Member Bill Brown of Precinct 8 made a motion for a Roll Call Count; In order to
do a Roll Call Count there must be 20 Town Meeting Members in favor; 16 Town Meeting
Members voted for Roll Call Count
Motion for Roll Count did not carry
69 voted in the affirmative
75 voted in the negative
Orioinal Motion did not car
ARTICLE 12 — On motion by Stephen Goldy, member of the Board of Selectmen, it was voted to
amend Article 5, Public Order, of the Town of Reading General Bylaws as follows: (New language
is in italics.)
5.5.4 Public Buildings Public Property and Public Ways
5.5.4.1 No person shall gamble or keep, use or have in his possession any spirituous or
intoxicating liquor in any building or room owned or occupied by the Town or upon any public
property or public ways, except as otherwise authorized by the Board of Selectmen, special
Statute or general laws.
5.5.4.2 No person shall smoke or have in his possession any lighted cigar, cigarette or
other tobacco product in any building or room owned or occupied by the Town,
Presentation by Peter Hechenbleikner, Town Manager
Following discussion with the Chamber of Commerce and local businesses, the Board of
Selectmen approved a policy in the summer of 2009 which allows the Board of Selectmen to
license the use of public sidewalks in Reading for outdoor dining. This was done at least in part in
anticipation of the completion of the Downtown Streetscape project.
As part of that process, it came to light that the local bylaw did not permit the Board of Selectmen
to allow liquor service associated with sidewalk dining, and the Board of Selectmen decided to
put this article on the warrant. If passed, it is the Board of Selectmen's intent to amend the
sidewalk dining license policy to provide the necessary protections related to service of liquor as
part of outdoor sidewalk dining. Individual licensed establishments would also have to amend the
description of their "licensed premises" to reflect the outdoor dining.
Motion Carried
ARTICLE 13 — On motion by Stephen Goldy, member of Board of Selectmen, it was voted to
indefinitely postpone the subject matter of Article 13.
Motion Carried
14 Subsequent Town Meeting
November 9, 2009
217
ARTICLE 14 — On motion by Bill Brown, Board of Cemetery Trustees, it was voted to indefinitely
postpone the subject matter of Article 14.
Motion Carried
ARTICLE 15 — On motion by Ben Tafoya, Chairman of Board of Selectmen, it was voted to
amend Section 6.3.17 of the Town of Reading Zoning By -laws as follows: (Language underlined
shows deletions / words'in italics denote new language.) .
6.3.17.Re construction after Destruction (by a Special Permit)
The Board of Appeals may grant a Special Permit for the reconstruction of a use, structure,
building, sign, parking space or loading bay or other situation allowed by Special Permit, which is
destroyed or damaged by explosion, collapse, fire, storm, natural disaster or other catastrophic
event, any of which is beyond the control of the owner or by the proposed voluntary action of the
owner, to demolish, in whole or in part, in a manner different from the prior conditions, provided
that the Board determines that:
a. The reconstruction conforms to the current requirements of this bylaw to the maximum
extent practicable.
b. The reconstruction is appropriate in scale and mass for the neighborhood, with
particular consideration of abutting properties.
c. In the case of the reconstruction of a nonconforming use, that it complies with the
standards for the substitution of a nonconforming use.
Presentation by Jean Delios, Town Planner and Ellen Doucette, Town Counsel.
After discussion among Town Meeting Members; Bill Brown of Precinct 8 motioned to indefinitely
postpone this article
Motion by Bill Brown Carried
There were two other amendments on the table that never received a vote.
ARTICLE 16 — On motion by Camille Anthony, Secretary of Board of Selectmen, it was voted to .
Indefinitely Postpone the subject matter of Article 16.
Motion Carried
15 Subsequent Town Meeting
November 9, 2009
218
On motion by Ben Tafoya, Chairmen of Board of Selectmen it was voted that this Subsequent
Town Meeting stand adjourned (sine die).
Meeting adjourned at 11:08 p.m.
148 Town Meeting Members were present.
A true copy. Attest: Laura A. Gemme
Town Clerk
16 Subsequent Town Meeting
November 9, 2009
M'7
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on octpb.er 27, 2009 notified and warned the
inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the
place and at the time specified by posting attested copies of this Town Meeting Warrant
in the following public places within the Town of Reading:
Precinct 1
J. Warren Killam School, 333 Charles Street
Precinct 2
Peter Sanborn Place, 50 Bay State Road
Precinct 3
Reading Police Station, 15 Union Street
Precinct 4
Joshua Eaton School,. 365 Summer Avenue
Precinct 5
Town Hall, 16 Lowell Street
Precinct 6
Austin Preparatory School, 101 Willow Street
Precinct 7
Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8
Wood.End School, 85 Sunset Rock Lane
The date of posting
being not less than fourteen (14) days prior to November 30, 2009,
the date set for the Special Town Meeting in this Warrant.
A true copy. Attest: '
Laura Gemme, Town Clerk
220
Alan Ulrich, Constable
SPECIAL TOWN MEETING
(Seat)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
. In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and
Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland
Road, in said Reading, on Monday, November 30, 2009, at seven- thirty o'clock in the
evening, at which time and place the following articles are to be acted upon and
determined exclusively by Town Meeting Members in accordance with the provisions of
the Reading Home Rule Charter.
ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town
Accountant, Treasurer - Collector, Board of Assessors, Director of Public Works, Town
Clerk; Tree Warden, Board of Health, School Committee, Contributory Retirement
Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees,
Community Planning & Development Commission, Conservation Commission, Town
Manager and any other Board or Special Committee.
Board of Selectmen
ARTICLE 2 To choose all other necessary Town Officers and Special
Committees and determine what instructions shall be given Town Officers and Special
Committees, and to see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of funding Town Officers
and Special Committees to carry out the instructions given to them, or take any other
action with respect thereto.
Board of Selectmen
ARTICLE 3 To see if the Town will vote to amend the FY 2010 — FY 2019,
Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule
Charter, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 4 To see if the Town' will vote to amend one or more of the votes
taken under Article 14 of the April 27, 2009 Annual Town Meeting relating to the Fiscal
Year 2010 Municipal Budget, as amended under Article 4 of the November. 9, 2009
Subsequent Town. Meeting, and see what sum the Town will raise by borrowing or
transfer from available funds, or otherwise, and appropriate as the result of any such
amended votes for the operation of the Town and its government, or take any other
action with respect thereto.
Finance Committee
ARTICLE 5 To see if the Town of Reading will vote to amend the Zoning By-
Laws and Zoning Map by adding to Section 4.0, Use Regulations, a new Section 4.12.
entitled Downtown Smart Growth District (DSGD) to read as follows:
4.12. DOWNTOWN SMART GROWTH DISTRICT ( "the DSGD ")
4.12.1 Purposes
The purposes of the Downtown Smart Growth District are:
(1) To provide an opportunity for residential development and to especially
encourage mixed -use development, including both new construction and
renovation of existing buildings, within a distinctive, attractive and livable
environment that supports the commercial revitalization of Downtown Reading.
(2) To promote continuing development and redevelopment in Downtown Reading
that is pedestrian friendly and consistent with Reading history and architecture.
(3) To ensure high quality site planning, architecture and landscape design that
enhances the distinct visual character and identity of Downtown Reading and
provides an environment with safety, convenience and amenity.
(4) To provide for a diversified housing stock at a variety of costs within walking
distance of services and public transportation, including affordable housing and
other housing types that meet the needs of the Town's population.
(5) To generate positive tax revenue for the Town, and to benefit from the financial
incentives provided by Mass. Gen. Laws Ch. 40R, while providing the
opportunity for new business growth and additional local jobs.
(6) To encourage preservation and rehabilitation of historic structures "and
buildings.
(7) To promote efficient use of land and existing parking supply and limit
expansion within the district by encouraging shared parking.
(8) To encourage adoption of energy efficient building practices and sustainable
construction methods
(9) To ensure compliance with the Massachusetts Department of Environmental
Protection stormwater management policies and practices.
4.12.2 Definitions
As used in this Article, the following terms shall have the meanings set forth below:
ACCESSORY BUILDING — A detached building the use of 'which is customarily
incidental and subordinate to that of the principal building or buildings and which is
located on the same lot. An Accessory Building shall not be used to house people,
domestic animals or livestock, nor shall it be used as an independent commercial
enterprise. An Accessory Building located within 10 feet of a principal building shall
be subject to the dimensional requirements applicable to the principal building.
AFFORDABLE HOMEOWNERSHIP UNIT — A dwelling unit required to be sold to an
Eligible Household per the requirements of this Section 4.12.
AFFORDABLE HOUSING RESTRICTION — A deed restriction of an Affordable Unit
meeting statutory requirements in Mass. Gen, Laws Ch.184 §31 and the
requirements of §4.12.10 of this Article.
3
222
AFFORDABLE RENTAL UNIT - A dwelling unit required to be rented to an Eligible
Household per the requirements of §4.12.10.
AFFORDABLE UNIT — The collective reference to Affordable Homeownership Units
and Affordable Rental Units.
ANNUAL UPDATE — A list of all approved and currently proposed Smart Growth
Districts within the Town of Reading, to be filed on or before July 31St of each year
with the Massachusetts Department of Housing and Community Development
pursuant to Mass. Gen. Laws Ch. 40R and applicable regulations.
APPLICANT — A landowner or other petitioner who files a plan for a Development
Project subject to the provisions of this Section 4.12.
APPROVING AUTHORITY (AA) — The Community Planning and Development
Commission (CPDC) of the Town of Reading acting as the authority designated to
review projects and issue approvals under this Section 4.12.
AA REGULATIONS = The administrative rules and regulations adopted by the AA
pursuant to Section 4.12.11.
AS -OF -RIGHT DEVELOPMENT — A Development Project allowable under this
Section 4.12 without recourse to a special permit, variance, zoning amendment, or
other form of zoning relief. A Development Project that is subject to the flan Review
requirement of this Section 4.12 shall be considered an As -of -right Development.
CONSUMER SERVICES — A barber shop, dry cleaning or laundry establishment, .
photographer's shop or studio or similar business where service is provided directly
on the premises.
DESIGN STANDARDS — The document entitled Downtown Smart Growth District
Design Standards and Guidelines, dated October 2, 2009 and approved by the
Massachusetts Department of Housing and Community Development on October 31,
2009, as amended, pursuant to Mass. Gen. Laws Ch. 40R § 10 and applicable
regulations. Said Design Standards shall be applicable to all Development Projects
within the DSGD that are subject to Plan Review by the Approving Authority.
DEVELOPMENT PROJECT or PROJECT — A residential or mixed use development
undertaken under this Section 4.12. A Development Project shall be identified as
such on the Plan which is submitted to the Approving Authority for Plan Review.
DWELLING UNIT — A structure or a portion of a structure containing in a self
sufficient and exclusive manner facilities for sleeping, bathing, and cooking, including
one full kitchen and full bathroom facilities as defined by the Massachusetts State
Building Code.
ELIGIBLE HOUSEHOLD — An individual or household whose annual income is
below eighty percent (80 %) of the area -wide median income as determined by the
united Slates Depa1ritFne It 0 i- iOUsi1 ly a1 iu U vai i vcVc#UP11 ici 1i (i ivv), ciuju5 c :+ v
household size, with income computed using HUD's rules for attribution of income to
assets.
223
FAMILY — One (1) or more persons occupying a dwelling unit as a single house-
keeping unit. Domestic employees may be housed on the premises without being
counted as a family or families.
FLOOR AREA, NET — The actual occupied area of a building or buildings not
including hallways, stairs, mechanical spaces and other non - habitable spaces, and
not including thickness of exterior or interior walls.
FLOOR AREA, GROSS — The sum of the gross areas of all floors of a building,
measured from the exterior faces of the exterior walls or from the centerline of walls
separating two buildings. Gross floor area does not include the following:
1) Basement space having at least one -half the floor -to- ceiling height below
grade, rated as non - habitable by applicable building code.
2) Accessory parking (i.e., parking that is available on or off -site that is not part of
the use's minimum parking standard).
3) Attic space having a floor -to- ceiling height less than seven feet, rated as non -
habitable by applicable building code. .
4) Exterior balconies.
5) Uncovered steps, landings, and ramps.
6) Inner courts open to the sky.
HOUSEHOLD INCOME, MEDIAN — The median income, adjusted for household
size, as reported by the most recent information from, or calculated from regulations
promulgated by, the United States Department of Housing and Urban Development
(HUD).
INSTITUTIONAL USE — A non - profit or quasi - public use or institution, such as a
church, library, public or private school, municipally owned or operated building,
structure or land, used for public purpose.
MIXED -USE DEVELOPMENT PROJECT — A Development Project containing a
residential Principal Use and one or more Non - Residential, Secondary Uses as
specified in Section 4.12.5.1, provided that, in newly constructed buildings, separate
and distinct building entrances are provided for residential and non - residential uses.
MONITORING AGENT — An entity designated by the Reading Board of Selectmen,
which may be the Reading Housing Authority or other qualified housing entity, with
the power to monitor and to enforce compliance with the provisions of this By -Law
related to Affordable Units, including but not limited to computation of rental and
sales prices; income eligibility of households applying for Affordable Units;
administration of an approved housing marketing and resident selection plan; and
recording and enforcement of an Affordable Housing Restriction for each Affordable
Unit in the DSGD (See Section 4:12.10.6).
5
224
MULTI - FAMILY RESIDENTIAL - A building containing four or more residential
dwelling units designed for occupancy by the same number of families as the
number of dwelling units.
NON - RESIDENTIAL USE — Office, Retail, Restaurant, Service or Institutional Use,
inclusive, or some combination of the same.
OFFICE — A place for the regular performance of business transactions and
services, generally intended for administrative, professional and clerical activities,
including a medical or dental office or health clinic.
PLAN = A plan depicting a proposed Development Project for all or a portion of the
Downtown Smart Growth District and which is submitted to the Approving Authority
for its review and approval in accordance with the provisions of this Section 4,12.
PLAN APPROVAL — The Approving Authority's authorization' for a proposed
Development Project based on a finding of compliance with this Section 4.12 and
Design Standards after the conduct of a Plan Review.
PLAN REVIEW — The review procedure established by this Article and administered
by the Community Planning and Development Commission of the Town of Reading
as the Approving Authority.
RESTAURANT — Any business establishment principally engaged in serving food,
drink, or refreshments, whether prepared on or off the premises provided, however,
that drive through windows are not allowed.
RESIDENTIAL USE — A building or part of a building containing Dwelling Units as
defined herein above.and parking that is accessory to the Dwelling Units.
RETAIL USE — Business establishments selling goods and /or services to customers
on -site, generally for end use personal, business or household consumption. A
reasonable amount of storage consistent with Massachusetts Building Codes of said
goods shall also be assumed to be an incidental part of Retail Use.
SMART GROWTH DISTRICT — An Overlay Zoning District adopted pursuant to
Mass. Gen. Laws Ch. 40R, in accordance with the procedures for zoning adoption
and amendment as set forth in Mass. 'Gen. Laws Ch. 40A and approved by the
Department of Housing and Community Development pursuant to Mass. Gen. Laws
Ch. 40R and applicable regulations.
UNDERLYING ZONING — The zoning requirements adopted pursuant to Mass. Gen.
Laws Ch. 40A that are otherwise applicable to the geographic area in which the
DSGD is located, as said requirements may be amended from time to time.
fA �n� 1� ♦i nr!1:ZTP!(C T11 !f-' — n tz ,.r
Standard that adds unreasonable costs or unreasonably impairs the economic
feasibility of proposed Development Projects in a Smart Growth District.
225
UNRESTRICTED UNIT — A Dwelling Unit that is not restricted as to rent, price or
eligibility of occupants.
USE, ACCESSORY — A use subordinate to the Principal Use on the same lot or in
the same structure and serving a purpose customarily incidental to the Principal Use,
and which does not, in effect, constitute conversion of the Principal Use of the lot,
site or structure to a use not otherwise permitted in the Smart Growth District.
USE, PRINCIPAL — The main or primary purpose for which a structure, building, or
lot is designed, arranged, licensed, or intended, or for which it may be used,
occupied, or maintained under this Section 4.12.
USE, SECONDARY — A use located on the same lot as a Principal Use but which is
of equal or lesser scale, impact, and visibility than the Principal Use. A Secondary
Use is not an Accessory Use, as it is largely independent from the Principal Use.
4.12.3 Scope and Authority
The Downtown Smart Growth District is established pursuant to the authority of
Mass. Gen. Laws. Ch. 40R and applicable regulations, and shall be deemed to
overlay the parcels as shown on the Zoning Map of the Town of Reading, as
amended. The Applicant shall have the option of applying for Plan Approval pursuant
to the zoning controls set forth in this Article or complying with all applicable zoning
controls set forth in the Zoning By -Laws of the Town of Reading for the underlying
district(s) or for other overlay zoning that may be therein defined. Development
Projects proceeding under this Article shall be governed solely by the provisions of
this Article and shall be deemed exempt from the standards and /or procedures of the
Underlying Zoning and other overlay provisions.
4.12.4 Establishment and Delineation of the DSGD
The Downtown Smart Growth District is an overlay district that is superimposed over
the Underlying District. The boundaries are delineated as the "Downtown Smart
Growth District" on the Official Zoning Map of the Town of Reading ' on file in the
office of the Town Clerk, said map hereby made a part of the Reading Zoning By-
Law.
4.12.5 Allowed and Prohibited Uses
Any use not listed herein as an Allowed Use is deemed prohibited.
4.12.5.1 Allowed Uses
The following uses shall be permitted as- of- right in the DSGD upon Plan Approval
pursuant to the provisions of this article:
(1) Multi- family Residential
(2) Office*
(3) Retail*
(4) Restaurant*
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(5) Institutional*
(6) Consumer Service*
*Only as part of a Mixed -Use Development; see Section 4.12.7 below
In addition to the allowed uses listed above, the following uses are permitted as -of-
right for Development Projects within the DSGD subject to the requirements of this
Article.
(6) Parking accessory to any of the above permitted uses, including surface,
garage- under, and structured parking
(7) Accessory uses customarily incidental to any of the above permitted principal
uses
4.12.5.2 Prohibited Uses
The following uses are prohibited in the DSGD:
(1) Any use which regularly emits strong odors, or dust particles, or smoke, or
poses danger, such as manufacture of acids, gases, fertilizers and glue,
petroleum refining, reduction of animal matter, and manufacture of cement,
gypsum, or explosives.
(2) Any other use dangerous to persons within or outside the District by reason
of emission of odor, fumes, gases, particulate matter, smoke, noise, vibration,
glare, radiation, electrical interference, threat of fire or explosion, or any other
reason.
(3) Any use that degrades water quality, reduces groundwater recharge, or
increases flooding are prohibited,
4.12.6 Dimensional and Other Requirements
Applications for Plan Approval shall be governed by this Section 4.12 and the Design
Standards for the Downtown Smart Growth District.
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Mixed -Use with
Other Mixed -Use
Building Type
Commercial 15`
or Residential Only
Floor
Maximum Floor Area Ratio (FAR)
3.4
2.4
(Gross Floor Area I Lot Size)
Minimum Lot Frontage
50 feet
Maximum Lot Coverage .
N/A
Minimum Lot Area
N/A
Number of Buildings per lot
NIA
Maximum Building Frontage
300 feet
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Minimum Front Setback
0 feet
Maximum Front Setback'.
10 feet
Minimum Side /Rear Setback 2
15 feet
abutting a Residential Zone
Minimum Side /Rear Setback 2
0 feet
in DSGD or abutting Business-13
Interior Setback (between
15 feet
buildings on same lot)
' See 7. 1.1 of the Design Standards for front facade setback requirements
2 See 7.1.2 of the Design Standards for building step -back requirements
4.12.6.1 Residential Density Allowances
The following residential densities shall be allowed on all lots and within all buildings
within the DSGD pursuant to the requirements of this Section 4.12:
Multifamily Residential 20 Units per acre
(a) The Approving Authority may provide a waiver as specified in Section 4.12.12
to allow a density in excess of that stated above.
(b) . The Approving Authority may provide a waiver as specified in Section 4.12.12
to promote the renovation or adaptive reuse of existing buildings.
4.12.6.2 Dimensional Standards and Requirements
The following building heights shall be allowed on all lots within the DSGD, pursuant
to the requirements of this Section 4.12:
Multifamily Residential Buildings 33 Feet
Multifamily Residential Buildings with; 45 Feet
Commercial Uses on the Ground Floor
4.12.6.3 Contiguous Lots
In the DSGD, where two or more lots are contiguous or are separated by a right -of-
way, such lots may be considered as one lot for the purpose of calculating maximum
lot coverage; parking requirements; minimum useable open space; and dwelling
units per acre.,
4.12.6.4 Age- Restricted Housing Units
An Applicant may propose a Residential or Mixed -Use Development Project in which
all dwelling units are designed for or are accessible to the elderly or the handicapped
under all applicable laws and regulations, provided that not less than twenty -five
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percent (251/o ) of the housing units in any such Development Project shall be
Affordable Units. All such Development Projects shall be governed by the
requirements of this Section 4.12 and the Design Standards.
4.12.7 Mixed- Use Development
Development Projects may include a portion not to exceed 50% of the total gross
floor area to be used for non - residential uses including Office, Retail, Restaurant,
Service or Institutional Uses; provided that office or institutional uses on the ground
floor may not utilize more than 33% of the total gross square footage of that floor.
4.12.8 Off - Street Parking and Loading
4.12.8.1 Off - Street Parking
Retail stores, offices and consumer service establishments located within three
hundred (300) feet of a public off- street parking facility shall be exempt from off-
street parking requirements. In all other cases, off - street parking shall be provided to
meet the following minimum requirements:
Retail or Restaurant
Office and Institutional
Residential Units
Other Non - Residential, less than 2,000 ft
Other Non - Residential, 2,000 ft or more
leaseable space in excess of 2,000 ft
0 spaces
2 spaces per 1,000 ft.
1 space per unit
0 spaces
1 space per 2,000 ft.
As indicated above, off - street parking is not required for Other Non - Residential uses
in the district unless such use exceeds 2,000 square feet of net floor area.
4.12.8.2 Off - Street Loading & Delivery
Front door and on- street deliveries are not allowed for non - residential establishments
on Main and Haven Streets. Off- street loading spaces shall be provided to meet or
exceed the following minimum requirements -V
Restaurant: 1 space per 2,000 ft.
leaseable space in excess of 2,000 ft.
Other allowed Secondary Use: 1 space per 5,000 ft.
leaseable space in excess of 2,000 ft.
The Approving Authority may waive the loading space requirement if the Applicant
provides a plan proving that the loading space is not needed or can be shared.
4.12.8.3 Location of Parking
Any surface parking lot shaii, to the' maximum extent teasibie, be located at the side
or rear of a building, relative to any public right -of -way, public open space, or
pedestrian way. In no case shall surface parking for new construction be permitted
within the required front yard setbacks.
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4.12.8.4 Waiver of Parking Requirements
The Approving Authority may grant a Plan Approval making such modifications in the
standards or prescribe safeguards and conditions as it shall warrant appropriate,
provided that it finds that it is impractical to meet the standards and that such
modifications are appropriate by reason of the proposed use and will not result in or
worsen parking or traffic problems in the DSGD. The Approving Authority may
impose conditions of use or occupancy appropriate to such modifications.
4.12.8.5 Shared Use of Required Parking
Shared use may be made of required parking spaces by intermittent use
establishments, for example, churches; assembly halls or theaters, whose peak
parking demand is only at night or on specific days of the week; by other uses whose
peak demand is only during the day; or in public parking lots. At the time of .
application, a formal agreement shall be made in writing by the owners of the uses
involved concerning the number of spaces involved, substantiation of the fact that
such shared use is not overlapping or'in conflict, and the duration of the agreement.
The applicant shall demonstrate that shared spaces will meet parking demands by
using accepted methodologies (e.g., the Urban Land Institute Shared Parking
Report, ITE .Shared Parking Guidelines, or other industry established studies on
shared parking).
4.12.8.6 Cooperative Establishment and Operation of Parking Areas
Required spaces for any number of uses may be provided in a combined lot or lots
(public or private), provided that the number of spaces in the combined facility shall
not be less than the sum of those required of the individual uses, with allowances
made, upon formal designation, for night use or for separate and distinct working
shifts, and provided also that such lot or lots shall be within 600 feet of the principal
buildings served.
4.12.8.7 Visitor Parking
The Approving Authority may allow for additional visitor parking beyond the minimum
required spaces per unit if deemed appropriate given the design, layout and density
of the proposed Development Project.
4.12.8.8 Parking Design
Parking shall be designed and constructed to comply with all applicable disability
access requirements including but not limited to the Americans with Disabilities Act
(ADA) and 521 CMR.
4.12.9 Open Spaces and Recreational Areas
The site design for Development Projects may include common open space and
facilities. Where proposed, the plans and any necessary supporting. documents
submitted with an application for Plan Approval within the DSGD shall show the
general location, size, character, and general area within which common open space
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or facilities will be located. The plans and documentation submitted to the Approving
Authority shall include a description of proposed ownership and maintenance
provisions of all common open space and facilities and, if requested by the
Approving Authority, any necessary restrictions or easements designed to preserve
the open space and recreational areas from future development. Upon consideration
of the above information, the Approving Authority may approve a waiver as provided
for in Section 4.12.12 for a front setback to allow for common open space or
facilities.
4.12.10 Affordable Housing
Affordable Units shall comply with the following requirements:
(1) The monthly rent payment for an Affordable Rental Unit, including utilities and
parking, shall not exceed thirty percent (30 %) of the maximum monthly
income permissible for an Eligible Household, assuming a Family size equal
to the number of bedrooms in the unit plus one, except in the event of an
Eligible Household with a Section 8 voucher in which case program rent limits
shall apply.
(2) For an Affordable Homeownership Unit the monthly housing payment,
including mortgage principal and interest, private mortgage insurance,
property taxes, condominium and /or homeowner's association fees,
insurance, and parking, shall not exceed thirty percent (300) of the maximum
monthly income permissible for an Eligible Household, assuming a Family
size equal to the number of bedrooms in the unit plus one.
(3) Affordable Units required to be offered for rent or sale shall be rented or sold
to and occupied only by Eligible Households.
4.12.10.1 Number of Affordable Units
Twenty percent (20 %) of all dwelling units constructed in a Development Project
shall be Affordable Units. Provided however, for Development Projects in which all
of the dwelling units are limited to occupancy by elderly persons and /or by persons
with disabilities, twenty -five percent (25 %) of the dwelling units shall be Affordable
Units, whether the dwelling units are Rental Units or Ownership Units.
4.12.10.2 Fractional Units
When the application of the percentages specified above results in a number that
includes a fraction, the fraction shall be rounded up to the next whole number if the
fraction is 0.5 or more. If the result includes a fraction below 0.5, the fraction shall be
rounded down to the next whole number.
4.12.10.3 Design and Construction
Affnn lahlo I Initc mild he rr4;cncrcotJ thrnt wnhn, if a ( aveinnmont Prni mr t ?nri ha
comparable in initial construction quality and exterior design to the Unrestricted
Units. However, nothing in this section is intended to limit a homebuyer's rights to
renovate a Dwelling Unit under applicable law. The Affordable Units must have
access to all on -site amenities. Affordable Units shall be finished housing units.
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All Affordable Units must be constructed and occupied not later than concurrently
with construction and occupancy of Unrestricted Units. In Development Projects that
are constructed in phases, Affordable Units must be constructed and occupied in
proportion to the number of units in each phase of the Development Project.
4.12.10.4 Unit Mix
The total number of bedrooms in the Affordable Units shall be at least proportionate
to the total number of bedrooms in all units of the Project of which the Affordable
Units is part.
4.12.10.5 Affordable Housing Restriction
Each Affordable Unit shall be subject to an Affordable Housing Restriction which is
recorded with the County Registry of Deeds or Land Court Registry District of the
County. All Affordable Housing Restrictions must include, at minimum, the following:
(a) A description of the Affordable Homeownership Unit, if any, by address and
number of bedrooms; and a description of the overall quantity and number of
bedrooms and number of bedroom types of Affordable Rental Units in a
Development or portion of a Development which are rental. Such restriction
shall apply individually to the specifically identified Affordable
Homeownership Unit and shall apply to a percentage of rental units of a
rental Development or the rental portion of a Development without specific
unit identification.
(b) The term of the Affordable Housing Restriction which shall be in perpetuity or
for the longest period customarily allowed by law but shall be no less than
thirty (30) years.
(c) The name and address of the Monitoring Agent with a designation of its
power to monitor and enforce the Affordable Housing Restriction.
(d) Reference to a housing marketing and resident selection plan, to which the
Affordable Unit is subject, and which includes an affirmative fair housing
marketing program, including public notice and a fair resident selection
process. If approved by DHCD, the housing marketing and selection plan
may provide for local preferences in resident selection. The plan shall
designate the household size appropriate for a unit with respect to bedroom
size and provide that preference for such unit shall be given to a household of
the appropriate size.
(e) A requirement that buyers or tenants will be selected at the initial sale or
initial rental and upon all subsequent sales and rentals from a list of Eligible
Households compiled in accordance with the housing marketing and
selection plan.
(f) Reference to the formula pursuant to which rent of a rental unit or the
maximum resale .price of a homeownership unit will be set.
(g) A requirement that only an Eligible Household may reside in an Affordable
Unit and that notice of any lease or sublease of any Affordable Unit shall be
given to the Monitoring Agent.
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(h) Provision for effective monitoring and enforcement of the terms and
provisions of the Affordable Housing Restriction by the Monitoring Agent.
(i) Provision that the restriction on an Affordable Homeownership Unit shall run
in favor of the Monitoring Agent and the Town of Reading, in a form approved
by municipal counsel, and shall limit initial sale and re -sale to and occupancy
by an Eligible Household.
(j) Provision that the owner(s) or manager(s) of Affordable Rental Unit(s) shall
file an annual report to the Monitoring Agent, in a form specified by that agent
certifying compliance with the provisions of this Section 4.12.10 and
containing such other information as may be reasonably requested in order to
ensure affordability.
(k) Provision that the restriction on Affordable Rental Units in a rental Project or
rental portion of a Project shall run with the rental Project or rental portion of a
Project and shall run in favor of the Monitoring Agent and the Town of
Reading, in a form approved by municipal counsel, and shall limit rental and
occupancy to an Eligible Household.
(1) A requirement that residents in Affordable Units provide such information as
the Monitoring Agent may reasonably request in order to ensure affordability.
(m) Designation of the priority. of the Affordable Housing Restriction over other
mortgages and restrictions.
4.12.10.6 Administration
The Monitoring Agent shall ensure the following (See Section 4.12.2 Definitions):
(a) Prices of Affordable Homeownership -Units are properly computed; rental
amounts of Affordable Rental Units are properly computed.
(b) Income eligibility of households applying for Affordable Units is properly and
reliably determined.
(c) The housing marketing and resident selection plan conforms to all
requirements and is properly administered.
(d) Sales and rentals are made to Eligible Households. chosen in accordance
with the housing marketing and resident selection plan with appropriate unit
size for each household being properly determined and proper preference
being given.
(e) Affordable Housing Restrictions meeting the requirements of this section are
recorded with the Middlesex County Registry of Deeds or Land Court
Registry District of Middlesex County.
In the case where the Monitoring Agent cannot adequately carry out its
administrative duties, upon certification of this fact by the Approving Authority or. by
the Department of Housing and Community Development, the administrative duties
shall devolve to and thereafter be administered by a qualified housing entity
designated by the Reading Board of Selectmen.
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4.12.10.7 Costs of Housing Marketing and Selection Plan
The housing marketing and selection plan shall make provision for payment by the
owner of reasonable costs to the Monitoring Agent and the owner shall pay
reasonable costs to the Monitoring Agent to develop, advertise, and maintain the list
of Eligible Households and to monitor and enforce compliance with affordability
requirements.
4.12.11 Plan Approval Procedures
The Approving Authority (AA) shall adopt and file with the Town Clerk Administrative
Regulations relative to the application requirements and contents for Plan Review,
subject to approval by the Massachusetts Department of Housing and Community
Development. Plan approval procedures shall be as follows:
4.12.11.1 Pre - Application Requirements
Prior to'the submittal of a Plan for.Plan Approval, a "Concept Plan" may be submitted
to help guide the development of the definitive submission for project build out. Such
Concept Plan shall reflect the following:
(a) Overall building envelope areas
(b) Open space and natural resource areas
(c) General site improvements, drainage plans, groupings of buildings and
proposed land uses
(d) Anticipated parking spaces and locations
(e) Site vehicular access
The Concept Plan is intended to be used as a tool for both the Applicant and the
Approving Authority to ensure that the proposed Project design will be consistent
with the Design Standards and other requirements of the DSGD.
4.12.11.2 Application Procedures
All Projects are subject to Plan Approval.
(1) Submittal.
An application for Plan Approval shall be submitted to the AA on the form
provided by the Authority, along with the application fees set forth in the
administrative regulations. The application shall be accompanied by such plans
and other documents as required by the AA as well as any materials required to
verify compliance with any of the provisions of this Section. 4.12. All plans shall
be prepared .. by certified architects or engineers as required by the
Massachusetts Building Code.
An application for Plan Approval shall be filed by the Applicant with the Town
Clerk. A copy of the application, including the date of filing certified by the Town
Clerk, as well as the required number of copies of the application, shall be filed
forthwith by the Applicant with the AA. Application submissions must include a
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hard copy as well as an electronic copy in PDF or CAD format. Said filing shall
include any required forms provided by the AA. As part of any application for
Plan Approval for a Development Project, the Applicant must submit the following'"
documents to the AA and the Monitoring Agent:
• Evidence that the Development Project complies with the cost and eligibility
requirements of Section 4.12.10;
• Development Project plans that demonstrate compliance with the design and
construction standards of Section 4.12.10.3; and
• A form of Affordable Housing Restriction that satisfies the requirements of
Section 4.12.10.5.
• Review Fees: The Applicant shall be required to pay for reasonable
consulting fees to provide peer review of the application for the benefit of the
Approving Authority. Such fees shall be held by the Town of Reading in an
interest - bearing escrow account, and shall be used only for expenses
associated with the use of outside consultants employed by the Approving
Authority in reviewing the Plan application. Any surplus funds remaining after
the completion of such review, including any interest accrued, shall be
returned to the Applicant forthwith;
(3) Circulation to Other Boards
Upon receipt of the application, the AA shall immediately provide a copy of the
application materials to all relevant municipal Boards, Departments,
Commissions, Officials as determined by the AA and, if the project is subject to
Affordability requirements, the Monitoring Agent. These entities shall provide
any written comments within 60 days of receipt of the plan and application.
(4) Public Hearing
The Approving Authority shall hold a public hearing and review all applications
according to the procedure specified in Mass. Gen. Laws Ch. 40A § 11
(5) Criteria for Plan Approval
The Approving Authority shall approve the Development Project upon the
following findings:
a. The Applicant has submitted the required fees and information as set forth in
applicable Regulations; and
b. The proposed Development Project as described in the application meets all
of the requirements and standards set forth in this Section 4.12, applicable
Design Standards and the AA regulations, or a waiver has been granted
there from; and
c. Any extraordinary adverse potential impacts of the Project on nearby
properties have been adequately mitigated.
For a Project subject to Affordability requirements, compliance with Condition b.
atbGvc 51 ltail II.Ic U U I C , V V rI l'lGl I L Vlli ii 11 iCMUl i vy ii is 'v oiii Oriiiy -k. jul ii illcat. aii
Affordability requirements have been satisfied.
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(6) Criteria for Plan Denial
A Plan Approval application may be disapproved only where the Approving
Authority finds that:
a. The applicant has not submitted the required fees and information as set forth
in the regulations; or
b. The Project as described in the application does not meet all the
requirements and standards set forth in this Section 4.12, applicable Design
Standards and the AA Regulations, or that a required waiver there from has
not been granted; or
c. It is not possible to adequately mitigate significant project impacts on nearby
properties by means of suitable conditions.
(7) Time Limit
The decision of the AA shall be made, and written notice of the decision filed
with the Town Clerk within 120 days of receipt of the Application by the Town
Clerk. This time may be extended by mutual agreement between the AA and
the Applicant by written agreement filed- with the Town Clerk. Failure of the AA
to take action within said 120 days or the extended time shall be deemed an
approval of the Plan Approval application. .
4.12.12 Waivers
Upon request of the Applicant, the Approving Authority may waive dimensional and
other requirements, including design standards, with conditions, in the interests of
design flexibility and overall project quality, and upon a finding of consistency of such
variation with the overall purpose and objectives of the DSGD and the Reading
Master Plan, or if it finds that such waiver will allow the project to achieve the density,
affordability, mix of uses and /or physical character allowed under this Section 4.12.
Notwithstanding anything to the contrary in this Zoning By -Law, the Affordability
provisions of Section 4.12.10 shall not be waived. The Approving Authority will take
into consideration the following items when considering a waiver:
1) High performance energy efficient buildings and construction methods.
2) Projects with publicly accessible open space.
3) Projects that include retail and restaurants located on street level.
4) A demonstrated shared parking initiative that makes efficient use of land and
existing parking supply.
5) The preservation or rehabilitation of historic properties or other buildings
considered significant to the Town.
4.12.13 Plan Changes After Approval by Approving Authority
4.12.13.1 Minor Plan Changes
After Plan Approval, an Applicant may apply to make minor changes in a
Development Project involving minor utility or building orientation adjustments, or
minor adjustments to parking or other site details that do not affect the overall
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buildout or building envelope of the site, or provision of open space, number of
housing units, or housing need or affordability features. Such minor changes must be
submitted to the Approving Authority on redlined prints of the approved plan,
reflecting the proposed change, and on application forms provided by the Approving
Authority. The Approving Authority may authorize such changes at any regularly
scheduled meeting, without the need to hold a public hearing. The Approving
Authority shall set forth any decision to approve or deny such minor change by
motion and written decision, and provide a copy to the Applicant for filing with the
Town Clerk.
4.12.13.2 Major Plan Changes
Those changes deemed by the Approving Authority to constitute a major change in a
Development Project because of the nature of the change in relation to the prior
approved plan, or because such change cannot be appropriately characterized as a
minor change as described above, shall be processed by the Approving Authority as
a new application for Plan Approval pursuant to this Section 4.12.
4.12.14 Fair Housing Requirement
All Development Projects within the DSGD shall comply with applicable federal, state
and local fair housing laws.
4.12.15 Project Phasing
The Approving Authority may allow a Project to be phased at the request of the
applicant or to mitigate any extraordinary adverse impacts on nearby properties. For
projects that are approved and developed in phases, the proportion of Affordable
units shall be consistent across all phases and the proportion of Existing Zoned Units
to Bonus units (as those terms are defined in 760 CMR 59.00 shall be consistent
across phases.
4.12.16 Decisions
The Approving Authority shall issue to the applicant a copy of its decision containing
the name and address of the owner, identifying the land affected and the plans that
were the subject of the decision and certifying that a copy of the decision has been
filed with the Town Clerk. If 20 days have elapsed after the decision has been filed
with the Town Clerk without an appeal having. been filed, or if such appeal having
been filed is dismissed or denied, the Town Clerk shall so certify on a copy of the
decision. A copy of said decision shall be filed with the Middlesex South District,
Registry of Deeds.
A Plan Approval shall remain valid and run with the land indefinitely, provided that
construction has commenced within two years after the decision is issued, which
time shall be extended by the time required to adjudicate an appeal and which time
shall be extended if the project proponent is actively pursuing other required permits
or there is other good cause for failure to commence. The Approving Authority may
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require the posting of a performance bond.to secure and /or screen a Development
Project site in the event that demolition is undertaken but subsequent work lapses,
for any reason within or outside the applicant's control, for a period longer than one
year.
4.12.17 Date of Effect
The effective date of this By -Law shall be the date on which such adoption is voted
upon by Town Meeting pursuant to the requirements of Section 5 of Chapter 40A of
the General Laws and Chapter. 40R of the General Laws; provided, however, that an
Applicant may not proceed with construction pursuant to this By -Law prior to the
receipt of final approval of this By -Law and accompanying Zoning Map by both the
Department of Housing and Community Development and the Office of the
Massachusetts Attorney General.
4.12.18 Severability
If any provision of this Section is found to be invalid by a court of competent
jurisdiction, the remainder of this Section shall not be affected but remain in full force.
The invalidity of any provision of this Section 4.11 shall not affect the validity of the
remainder of the Town's Zoning By -Law.
4.1.2.19 Amendments to Design Standards
The AA may adopt, by majority vote, amendments to the Design Standards. Any
amendment to the Design Standards must be objective and not subjective and may
only address the scale and proportions of buildings,'the alignment, width, and grade
of streets and sidewalks, the type and location of infrastructure, the location of
building and garage entrances, off street parking, the protection of significant natural
site features, the location and design of on -site open spaces, exterior signs, and
buffering in relation to adjacent properties. DHCD may, at its discretion, require any
amendment to the Design Standards to contain graphics illustrating a particular
standard or definition in, order to make such standard or definition clear and
understandable.
Before adopting any Design Standard, the AA shall submit the proposed Design
Standard to DHCD for approval. Any amendment to the Design Standards shall not
take effect until approved by DHCD and filed with the Town Clerk.
An application for Plan Approval that has been submitted to the Town Clerk pursuant
to this Section 4.12 shall not be subject to any Design Standard that has not been
approved by DHCD and filed with the Town Clerk.
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COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, IT on November 20, , 2009 notified and warned the
inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the
time specified by posting attested copies of this Town Meeting Warrant in the following public places
within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2
Peter Sanborn Place, 50 Bay State Road
Precinct 3
Reading Police Station, 15 Union Street
Precinct 4
Joshua Eaton School,. 365 Summer Avenue
Precinct 5 . Town Hall, 16 Lowell Street
Precinct 6 Austin Preparatory School, 101 Willow Street
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Wood End School, 85 Sunset Rock Lane
The date of posting being not less than seven (7) days prior to December 8, 2009, the date set for the
State Primary Election in this Warrant.
I also caused an attested copy of this Warrant to be posted on the Town of Reading web site.
A true copy Attest:
Laura Gernme, Town Clerk
239
John Della Paolera, Constable
COMMONWEALTH OF MASSACHUSETTS
WILLIAM FRANCIS GALVIN
SECRETARY OF THE COMMONWEALTH
STATE PRIMARY ELECTION WARRANT
Middlesex, SS.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants'of the
Town of Reading who are qualified to vote in the Special State Primaries to vote at
Precincts 1, 2, 3, 4, 5, 6, 7, and 8
Reading Memorial High School - Hawkes Field House - Oakland Road
on TUESDAY, THE EIGHTH OF DECEMBER, 2009, from 7:00 A.M. to 8:00 P.M. for thefollowing
purpose:
To cast their votes in the Special State Primaries for the candidates of political parties for the
following office;;
SENATOR IN CONGRESS. . . FOR THE COMMONWEALTH
Hereof fail not and make return of this warrant with your doings thereon at the time and place
of said voting.
Given under our hands this 12th day of November,20( 9.
Tafoya, Chairman
Jan6vE-)Bonax6Th Vice Chairman
A true copy
iille W Arythony,
oldy
Richard W Schubert
BOARD OF SELECTMEN
Laoja A Gemme, TownClerk
November 20 2009
ipfiff be'lfa Paolera, Constable
E
STATE PRIMARY
December 8, 2009
Pursuant to the Warrant and the Constable's Return thereon, a State Primary Election was held for all eight
precincts at the Hawkes Field House, Oakland Road. The Declaration of Polls being acccording to the
Warrant by the Town Clerk, Laura A Gemme. The ballot boxes were examined by the respective Wardens
and Police Officer on duty and each found to be empty and registered 00.
The Town Clerk declared the polls open at 7:00 a.m. and closed at 8:00 p.m., with the following results:
Democratic - Martha Coakley
Republican Scott P Brown
Libertarian -
4069 ballots of registered voters cast as follows:
24.8 % of registered voters recorded:
BALLOT OF THE DEMOCRATIC PARTY
SENATOR
IN CONGRESS
Candidate
Pct 1
Pct 2
Pct 3
Pct 4
Pct 5
Pct 6
Pct 7
Pct 8
Total
Michael E. Capuano
104
97
100
121
104
112
93
76
807
Martha Coakley
226
169
147
209
217
217
'256
171
1612
Alan A. Khazei
47
51
37
54
43
73
47
49
401
Stephen G. Pagliuca
37
32
27
49
34
421
35
44
300
Write -Ins
0
0
0
0
0
0
0
2
2
Blanks
0
0
0
0
0
0
1
0
1
Total
414
3491
311
4331
398
444
432
342F7
3123
BALLOT OF THE REPUBLICAN PARTY
SENATOR
IN CONGRESS
Candidate
Pet 1
Pct 2
Pct 3
Pct 4
Pct 5
Pct 6
Pct 7
Pct 8
Total
Scott P Brown
140
94
74
107
82
119
108
120
844
Jack E Robinson
8
17
13
6
11
8
9
11
83
Write -Ins
0
3
1
0
1
1
1
2
9
Blanks
0
0
0
0
0
0
1
1
2
Total
148F
114
88
113
94
1281
119
134
938
-1-
241
BALLOT OF THE LIBERTARIAN PARTY
SENATOR
IN CONGRESS
Candidate
Pct 1
Pet 2
Pet 3
Pet 4
Pet 5
Pet 6
Pet 7
Pet 8
Total
No Nomination
0
0
0
0
0
0
0
0
0
Write -Ins
0
0
5
0
1
0
1
0
7
Blanks
0
0
0
0
0
0
0
0
0
Total
0
6
5
0
1
0
l
0
7
Totals 1 5621 4631 4041 5461 4931 5721 552 4761 4068.
0.247897623
A true copy. Attest:
Laura A Gemme
Town Clerk
-2-
242
SPECIAL TOWN MEETING
Reading Memorial High School
November 30, 2009
Precinct 2 appointed Alex Jarman to fill a one -year vacancy and was to be sworn in at Town Hall
on November 31 st, however it was discovered that Alex Jarman lives within Precinct 3, therefore
was not sworn in.
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:40 p.m., there being a
quorum present. The Invocation was given by Anthony Rickley, Precinct 2, followed by the
Pledge of Allegiance to the Flag.
The Warrant was partially read by the Town Clerk, Laura A. Gemme, when on motion by Ben
Tafoya, Chairman of the Board of Selectmen, it was voted to dispense with further reading of the
Warrant except for the Officer's Return, which was read by the Town Clerk.
ARTICLE 1 - On motion by Ben Tafoya, Chairman of the Board of Selectmen it was voted to
table the subject matter of Article 1
Motion Carried
ARTICLE 2 - On motion by James Bonazoli, Vice Chairman of the Board of Selectmen, it was
voted to table the'subject matter of Article 2.
Motion Carried
ARTICLE 3 — On motion by Camille Anthony, member of Board of Selectmen, it was voted table
the subject matter of Article 3.
Motion Carried
ARTICLE 4 — On motion by George Hines, Finance Committee, it was voted to amend
the following votes taken under Article 14 of the April 27, 2009 Annual Town Meeting
relating to the Fiscal Year 2010 Municipal Budget, and amended .by Article 4 of the
November 9, 2009 Subsequent Town Meeting, and that the Town vote to raise and
appropriate from available funds the following sums as the result of such amended votes
for the operation of the Town and its government:
Special Town Meeting
November 30, 2009
243
General Fund — Wages and Expenses
Account Line
Description
Decrease
Increase
FINCOM Vote
E97
Northeast Vocational
• Ongoing budget discussions
$17,864
0 -9
Subtotals
$17,864
Net from Operating Transfers and
Available Funds (Free Cash)
$17,864
Finance Committee
Finance Committee Report: At their meeting on November 18, 2009 the Finance
Committee voted 0 -9 -0 on the Northeast Metropolitan Regional Vocational School
District Committee's budget dated November 12, 2009. This proposed budget would
assess Reading a total of $312,964. FINCOM instead recommends the FY10 budget of
$296,100 as originally voted by Annual Town Meeting last spring.
Presentation — Bob LeLacheur - Presentation Attached
On Motion by Ben Tafoya, Chairman of Board of Selectmen, it was moved to amend E97 to Zero
Dollars ($0.00)
Motion Carried
Bill Brown of Precinct 8 reminded FINCOM that there was not a 7 day notice of Article 4 prior to
the meeting
General Fund — Wages and Expenses
Account Line
Description.
Decrease
Increase
FINCOM Vote.
E97
Northeast Vocational
• Ongoing budget discussions
$0
0 -9
Subtotals
$p
Net from Operating Transfers and
Available Funds (Free Cash)
$0
Motion Carried as Amended
n- �- - --- ',,.,-
ii iGi i'vC 'v'vi i iii iiwc;
2 Special Town Meeting
244 November 30, 2009
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ARTICLE 5 - On motion by Nicholas Safna, Chairman of CPDC, it was voted
to amend the Zoning By -Laws and Zoning Map of the Town of Reading by adding to.
Section 4.0, Use Regulations, a new Section 4.12. entitled Downtown Smart Growth
District (DSGD) to read as follows:
4.12. DOWNTOWN SMART GROWTH DISTRICT ( "the DSGD ")
4.12.1 Purposes
The purposes of the Downtown Smart Growth District are:
(1) To provide an opportunity for residential development and to especially
encourage mixed -use development, including both new construction and
renovation of existing buildings, within a distinctive, attractive and livable
environment that supports the commercial revitalization of Downtown Reading.
(2) To promote continuing development and redevelopment in Downtown Reading
that is pedestrian friendly and consistent with Reading history and architecture.
(3) To ensure high quality site planning, architecture and landscape design that
enhances the distinct visual character and identity of Downtown Reading and
provides an environment with safety, convenience and amenity.
(4) To provide for a diversified housing stock at a variety of costs within walking
distance of services and public transportation, including affordable housing and
other housing types that meet the needs of the Town's population.
(5) To generate positive tax revenue for the Town, and to benefit from the financial
incentives, provided by Mass. Gen. Laws Ch. 40R, while providing the
opportunity for new business growth and additional local jobs.
(6) To encourage preservation and rehabilitation of historic structures and
buildings.
(7) To promote efficient use of land and existing parking supply and limit
expansion within the district by encouraging shared parking.
(8) To encourage adoption of energy efficient building practices and sustainable
construction methods.
(9) To ensure compliance with the Massachusetts Department of Environmental
Protection stormwater management policies and practices.
4.12.2 Definitions
As used in this Article, the following terms shall have the meanings set forth below:
ACCESSORY BUILDING - A detached building the use of which is customarily
incidental and subordinate to that of the principal building or buildings and which is
located on the same lot. An Accessory Building shall not be used to house people,
domestic animals or livestock, nor shall it be used as an independent commercial
3 Special Town Meeting
November 30, 2009
ME
enterprise. An Accessory Building located within 10 feet of a principal building shall
be subject to the dimensional requirements applicable to the principal building.
AFFORDABLE HOMEOWNERSHIP UNIT — A dwelling unit required to be sold to an
Eligible Household per the requirements of this Section 4.12.
AFFORDABLE HOUSING RESTRICTION — A deed restriction of an Affordable Unit
meeting statutory requirements in Mass. Gen. Laws Ch.184 §31 and the
requirements of §4.12.10 of this Article.
AFFORDABLE RENTAL UNIT — A dwelling unit required to be rented to an Eligible
Household per the requirements of §4.12.10.
AFFORDABLE UNIT — The collective reference to Affordable Homeownership Units
and Affordable Rental Units.
ANNUAL UPDATE — A list of all approved and currently, proposed Smart Growth
Districts within the Town of Reading, to be filed on or before July 31St of each year
with the Massachusetts Department of Housing and Community Development
pursuant to Mass. Gen. Laws Ch. 40R and applicable regulations.
APPLICANT - A landowner or other petitioner who files a plan for a Development
Project subject to the provisions of this Section 4.12.
APPROVING AUTHORITY (AA) — The Community Planning and Development
Commission (CPDC) of the Town of Reading acting as the authority designated to
review projects and issue approvals under this Section 4.12.
AA REGULATIONS — The administrative rules and regulations adopted by the AA
pursuant to Section 4.12.11.
AS -OF -RIGHT DEVELOPMENT — A Development Project allowable under this
Section 4.12 without recourse to a special permit, variance, zoning amendment, or
other form of zoning relief. A Development Project that is subject to the Plan Review
requirement of this Section 4.12 shall be considered an As -of -right Development.
CONSUMER SERVICES — A barber shop, dry cleaning or laundry establishment,
photographer's shop or studio or similar business where service is provided directly
on the premises.
DESIGN .STANDARDS — The document entitled Downtown Smart Growth District
Design Standards and Guidelines, dated October 2, 2009 and approved by the
Massachusetts Department of Housing and Community Development on October 31,
2009, as amended, pursuant to Mass. Gen. Laws Ch. 40R § 10 and applicable
regulations. Said Design Standards shall be applicable to all Development Projects
within the DSGD that. are subject to Plan Review by the Approving Authority.
DEVELOPMENT PROJECT or PROJECT — A residential or mixed use development
undertaken under this Section 4.12. A Development. Project shall be identified as
such on the Plan which is submitted to the Approving Authority for Plan Review.
4 Special Town Meeting
November 30, 2009
251
DWELLING UNIT — A structure or a portion of a structure containing in a self
sufficient and exclusive manner facilities for sleeping, bathing, and cooking, including
one full kitchen and full bathroom facilities as defined by the Massachusetts State
Building Code.
ELIGIBLE HOUSEHOLD – An individual or household whose annual income is
below eighty percent (80 %) of the area -wide median income as determined by the
United States Department of Housing and Urban Development (HUD), adjusted for
household size,, with income computed using HUD's rules for attribution of income to
assets.
FAMILY – One (1) or more persons occupying a dwelling unit as a single house-
keeping unit. Domestic employees may be housed on the premises without being
counted as a family or families.
FLOOR AREA, NET – The actual occupied area of a building or buildings not
including hallways, stairs, mechanical spaces and other non - habitable spaces, and
not including thickness of exterior or interior walls.
FLOOR AREA, GROSS The sum of the gross areas of all floors of a building,
measured from the exterior faces of the exterior walls or from the centerline of walls
separating two buildings. Gross floor area does not include the following:
1) Basement space having at least one -half the floor -to- ceiling height below
grade; rated as non- habitable by applicable building code.
2) Accessory parking (i.e., parking that is available on or off -site that is not part of
the use's minimum parking standard).
3) Attic space having a floor -to- ceiling height less than seven feet, rated as non -
habitable by applicable building code.
4) Exterior balconies.
5) Uncovered steps, landings, and ramps.
6) Inner courts open to the sky.
HOUSEHOLD INCOME, MEDIAN – The median income, adjusted for household
size, as reported by the most recent information from, or calculated from regulations
promulgated by, the United States Department of Housing and Urban Development
(HUD).
INSTITUTIONAL USE – A non -profit or quasi - public use or institution, such as a
church, library, public or private school, municipally owned or operated building,
structure or land, used for public purpose.
MIXED -USE DEVELOPMENT PROJECT – A Development Project containing a
residential Principal Use and one or more Non - Residential, Secondary Uses as
5 Special Town Meeting
252 November 30, 2009
specified in Section 4.12.5.1, provided that, in newly constructed buildings, separate
and distinct building entrances are provided for residential and non- residential uses.
MONITORING AGENT — An entity designated by the Reading Board of Selectmen,
which may be the Reading Housing Authority or other qualified housing entity, with
the power to monitor and to enforce compliance with the provisions of this By -Law
related to Affordable Units, including but not limited to computation of rental and
sales prices; income eligibility of households applying for Affordable Units;
administration of an approved housing marketing and resident selection plan; and
recording and enforcement of an Affordable Housing Restriction for each Affordable
Unit in the DSGD (See Section 4.12.10.6).
MULTI- FAMILY RESIDENTIAL — A building containing four or more residential
dwelling units designed for occupancy by the same number of families as the
number of dwelling units.
NON - RESIDENTIAL USE — Office, Retail, Restaurant, Service or Institutional Use,
inclusive, or some combination of the same.
OFFICE — A place for the. regular performance of business transactions : and
services, generally intended for administrative, professional and clerical activities,
including a medical or dental office or health clinic.
PLAN — A plan depicting a proposed Development Project for all or a portion of the
Downtown Smart Growth District and which is submitted to the Approving Authority
for its review and approval in accordance with the provisions of this Section 4.12.
PLAN APPROVAL — The Approving Authority's authorization for a proposed
Development Project based on a finding of compliance with this Section 4.12 and
Design Standards after the conduct of a Plan Review.
PLAN REVIEW — The review procedure established by this Article and administered
by the Community Planning and Development Commission of the Town of Reading
as the Approving Authority.
RESTAURANT — Any business establishment principally engaged in serving food,
drink, or refreshments, whether prepared on or off the premises provided, however,
that drive through windows are not allowed.
RESIDENTIAL USE — A building or part of a building containing Dwelling Units as
defined herein above and parking that is accessory to the Dwelling Units.
RETAIL USE — Business establishments selling goods and /or services to customers
on -site, generally for end use personal, business or household consumption. A
6 Special Town Meeting
November 30, 2009
253
reasonable amount of storage consistent with Massachusetts Building Codes of said
goods shall also be assumed to be an' incidental part of Retail Use.
SMART GROWTH DISTRICT — An Overlay Zoning District adopted pursuant to
Mass. Gen. Laws Ch. 40R, in accordance with the procedures for zoning adoption
and amendment as set forth in Mass. Gen. Laws Ch. 40A and approved by the
Department of Housing and Community Development pursuant to Mass. Gen. Laws
Ch. 40R and applicable regulations.
UNDERLYING ZONING — The zoning requirements adopted pursuant to Mass. Gen.
Laws Ch. 40A that are otherwise applicable to the geographic area in which the
DSGD is located, as said requirements may be amended from time to time.
UNDULY RESTRICTIVE — A provision of a Smart Growth District or a Design
Standard that adds unreasonable costs or unreasonably impairs the economic
feasibility of proposed Development Projects in a Smart Growth District.
UNRESTRICTED UNIT — A Dwelling Unit that is not restricted as to rent, price or
eligibility of occupants.
USE, ACCESSORY — A use subordinate to the Principal Use on the same lot or in
the same structure and serving a purpose customarily incidental to the Principal Use,
and which does not, in effect, constitute conversion of the Principal Use of the lot,
site or structure to a use not otherwise permitted in the Smart Growth District.
USE, PRINCIPAL — The main or primary purpose for which a.structure, building, or
lot is designed, arranged, licensed, or intended, or, for which it may be used,
occupied, or maintained under this Section 4.12.
USE, SECONDARY = A use located on the same lot as a Principal Use but which is
of equal or lesser scale, impact, and visibility than the Principal Use. A Secondary
Use is not'an Accessory Use, as it is largely independent from the Principal Use.
4.12.3 Scope and Authority
The Downtown Smart Growth District is established pursuant to the authority of
Mass. Gen. Laws. Ch. 40R and applicable regulations, and shall be deemed to
overlay the parcels as shown on the Zoning Map of the Town of Reading, as
amended. The Applicant shall have the option of applying for Plan Approval pursuant
to the zoning controls set forth in this Article or complying with all applicable zoning
controls set forth in the Zoning By -Laws of the Town of Reading for the underlying
district(s) or for other overlay zoning that may be therein defined. Development
Projects proceeding under this Article shall be governed solely by the provisions of
this Article and shall be deemed exempt from the standards and /or procedures of the
Underlying Zoning and other overlay provisions.
4.12.4 Establishment and Delineation of the DSGD
The Downtown Smart Growth District is an overlay district that is superimposed over
the Underlying District. The boundaries are delineated as the "Downtown Smart
7 Special Town Meeting
254 November 30, 2009
Growth District" on .the Official Zoning Map of the Town of Reading on file in the
office of the Town Clerk, said map hereby made a part of the Reading Zoning By-
Law.
4.12.5 Allowed and Prohibited Uses
Any use not listed herein. as an Allowed Use is deemed prohibited.
4.12.5.1 Allowed Uses
The following uses shall be permitted as -of -right in .the DSGD upon Plan Approval
pursuant to the provisions of this article:
(1) Multi - family Residential
(2) Office*
(3) Retail*
(4) Restaurant*
(5) Institutional*
(6) Consumer Service*
* Only as part of a Mixed -Use Development; see Section 4.12.7 below
In addition to the allowed uses listed above, the following uses are permitted as -of-
right for Development Projects within the DSGD subject to the requirements of this
Article.
(7) Parking accessory to any of the above permitted uses, including surface,
garage- under, and structured parking
(8) Accessory uses customarily incidental to any of the above permitted principal
uses
4.12.5.2 Prohibited Uses
The following uses are prohibited in the DSGD:
(1) Any use which regularly emits strong odors, or dust particles, or smoke, or
poses danger, such as manufacture of acids, gases, fertilizers and glue,
petroleum refining, ' reduction of animal matter, and manufacture of cement,
gypsum, or explosives-
(2) Any other use dangerous to persons within or outside the District by reason
of emission of odor, fumes, gases, particulate matter, smoke, noise, vibration,
g Special Town Meeting
November 30, 2009
255
glare, radiation, electrical interference, threat of fire or explosion, or any other
reason.
(3) Any use that degrades water quality reduces groundwater recharge, or
increases flooding are prohibited.
4.12.6 Dimensional and Other Requirements
Applications for Plan Approval shall be governed by this Section. 4.12 and the Design
Standards for the Downtown Smart Growth District.
Building Type
Mixed -Use with
Commercial 1st
Other Mixed -Use
Floor
or Residential Only
Maximum Floor Area Ratio (FAR)
(Gross Floor Area / Lot Size)
2.8
2.4
Minimum Lot Frontage
50 feet
Maximum Lot Coverage
N/A
Minimum Lot Area
N/A
Number of Buildings per lot
NIA
Maximum Building Frontage
300 feet
Minimum Front Setback
0 feet
Maximum Front Setback'
10 feet
Minimum Side /Rear Setback 2
abutting a Residential Zone
15 feet
Minimum Side /Rear Setback 2
in DSGD or abutting Business-13
0 feet
Interior Setback (between
buildings on same lot)
15 feet
' See 7.1.1 of the Design Standards for front fagade setback requirements
2 See 7.1.2 of the Design Standards for building step -back requirements
4.12.6.1 Residential Density Allowances
I Ie OiioVvii lyy FeSidenlbai uensities snali be allowed on aii lots and within all buildings
within the DSGD pursuant to the requirements of this Section 4.12:
Multifamily Residential 20 Units per acre
9 Special Town Meeting
November 30, 2009
256
(a) The Approving Authority may provide a waiver as specified in Section 4.12.12
to allow a density in excess of that stated above.
(b) The Approving Authority may provide a waiver as specified in Section -4.12.12
to promote the renovation or adaptive reuse of existing buildings.
4.12.6.2 Dimensional Standards and Requirements
The following building heights shall be allowed on all lots within the DSGD, pursuant
to the requirements of this Section 4.12:
Multifamily Residential Buildings 33 Feet
Multifamily Residential Buildings with 45 Feet
Commercial Uses on the Ground Floor
4.12.6.3 Contiguous Lots
In the DSGD, where two or more lots are contiguous or are separated by a right -of-
way, such lots may be considered as one lot for the purpose of calculating maximum
lot coverage; parking requirements; minimum useable open space; and dwelling
units per acre.
4.12.6.4 Acre- Restricted Housing Units
An Applicant may propose a Residential or Mixed -Use Development Project in which
all dwelling units are designed for or are accessible to the elderly or the handicapped
under all applicable laws and regulations, provided that not less than twenty -five
percent (25 %) of the housing units in any such Development Project shall be
Affordable Units. All such Development Projects shall be governed by the
requirements of this Section 4.12 and the Design Standards.
4.12.7 Mixed -Use Development
Development Projects may include a portion not to exceed 50% of the total gross
floor area to be used for non - residential uses including Office, Retail, Restaurant,
Service or Institutional Uses; provided that office or institutional uses on the ground
floor may not utilize more than 33% of the total gross square footage of that floor.
4.12.8 Off - Street Parking and Loading
4.12.8.1 Off - Street Parking
Retail stores, offices and consumer service establishments located within,three
hundred (300) feet of a public off - street parking facility shall be exempt from off-
10 Special Town Meeting
November 30, 2009
257
street parking requirements. In all other cases, off - street parking shall be provided to
meet the following minimum requirements:
Retail or Restaurant 0 spaces
Office and Institutional 2 spaces per 1,000 sq. ft.
Residential Units 1.25 spaces per unit
Other Non - Residential, less than 2,000 sq. ft. 0 spaces
Other Non - Residential, 2,000 sq. ft. or morel space per 2,000 sq. ft.
leasable space in excess of 2,000 sq. ft.
As indicated above, off - street parking is not required for Other Non - Residential uses
in the district unless such use exceeds 2,000 square feet of net floor area.
4.12.8.2 Off- Street Loadinq & Delivery
Front door and on- street deliveries are not allowed for non - residential establishments
on Main and Haven Streets. Off - street loading spaces shall be provided to meet or
exceed the following minimum requirements:
Restaurant: 1 space per 2,000 sq. ft.
leasable space in excess of 2,000 sq. ft.
Other allowed Secondary Use: 1 space per 5,000 sq. ft.
leasable space in excess of 2,000 sq. ft.
The Approving Authority may waive the loading space requirement if the Applicant
provides a plan proving that the loading space is not needed or can be shared.
412.8.3 Location of Parkinq
Any surface parking lot shall, to the maximum extent feasible, be located at the side
or rear of a building, relative to any public right -of -way, public open space, or
pedestrian way. In no case shall surface parking for new construction be permitted
within the required,front yard setbacks.
4.12.8.4 Waiver of Parkinq Requirements
The Approving Authority may grant a Plan Approval making such modifications in the
standards or prescribe safeguards and conditions as it shall warrant appropriate,
Provided that it finds that it is impractical to meet the standards and that such
modifications are appropriate by reason of the proposed use and will not result in or
worsen parking or traffic problems in the DSGD. The Approving Authority may
impose conditions of use or occupancy appropriate to such modifications.
4.12.8.5 Shared Use of Required Parkinq
Shared use may be made of required parking spaces by intermittent use
establishments, for example, churches, assembly halls or theaters, whose peak
parking demand is only at night or on specific days of the week; by other uses whose
peak demand is only during the day; or in public parking lots. At the time of
1 1 Special Town Meeting
November 30, 2009
258
application, a formal agreement shall be made in writing by the owners of the uses
involved concerning the number of spaces involved, substantiation of the fact that
such shared use is not overlapping or in conflict, and the duration of the agreement.
The applicant shall demonstrate that shared spaces will meet parking demands by
using accepted methodologies (e.g., the Urban Land Institute Shared Parking
Report, ITE Shared Parking Guidelines, or other industry established studies on
shared parking).
4.12.8.6 Cooperative Establishment and Operation of Parking Areas
Required spaces for any number of uses may be provided in a combined lot or lots
(public or private), provided that the number of spaces in the combined facility shall
not be less than the sum of those required of the individual uses, with allowances
made, upon formal designation, for night use or for separate and distinct working
shifts, and provided also that such lot or lots shall be within 600 feet of the principal
buildings served.
4.12.8.7 Visitor Parking
The Approving Authority may allow for additional visitor parking beyond the minimum
required spaces per unit if deemed appropriate given the design, layout and density
of the proposed Development Project.
4.12.8.8 Parking Design
Parking shall be designed and constructed to comply with all applicable disability
access requirements including but not limited to the Americans with Disabilities Act'
(ADA) and 521 CMR.
4.12.9 Open Spaces and Recreational Areas
The site design for Development Projects may include common open space and
facilities. Where proposed, the plans and any necessary supporting documents
submitted with an application for Plan Approval within the DSGD shall show the
general location, size, character, and general area within which common open space
or facilities will be located. The plans and documentation submitted to the Approving
Authority shall include a description of proposed ownership and maintenance
provisions of all common open space and facilities and, if requested by the
Approving Authority, any necessary restrictions or easements designed to preserve
the open space and recreational areas from future development. Upon consideration
of the above information, the Approving Authority may approve a waiver as provided
for in Section 4.12.12 for a front setback to allow for common open space or
facilities..
4.12.10 Affordable Housing
Affordable Units shall comply with the following requirements:
12 Special Town Meeting
November 30, 2009
259
(1) The monthly rent payment for an Affordable Rental Unit, including utilities and
parking, shall not exceed thirty percent (30 %) of the maximum monthly
income permissible for an Eligible Household, assuming a Family size equal
to the number of bedrooms in the unit plus one, except in the event of an
Eligible Household with a Section 8 voucher in which case program rent limits
shall apply.
(2) For an Affordable Homeownership Unit the monthly housing payment,
including mortgage principal and , interest, private mortgage insurance,
property taxes, condominium and /or homeowner's association fees,
insurance, and parking, shall not exceed thirty percent (30 %) of the maximum
monthly income permissible for an Eligible Household, assuming a Family
size equal to the number of bedrooms in the unit plus one.
(3) Affordable Units required to be offered for rent or sale shall be rented or sold
to and occupied only by Eligible Households.
4.12.10.1 Number of Affordable Units
Twenty percent (20 %) of all dwelling units constructed in a Development Project
shall be Affordable Units. Provided however, for Development Projects in which all
of the dwelling units are limited to occupancy by elderly persons and /or by persons
with disabilities, twenty -five percent (25 %) of the dwelling units shall be Affordable
Units, whether the dwelling units are Rental Units or Ownership Units.
4.12.10.2 Fractional Units
When the application of the percentages specified above results in a number that
includes a fraction, the fraction shall be rounded up to the next whole number if the
fraction is 0.5 or more. If the result includes a fraction below 0.5, the fraction shall be
rounded down to the next whole number.
4.12.10.3 Design a_nd Construction
Affordable Units must be dispersed throughout a Development Project and be
comparable in initial construction quality and exterior design to the Unrestricted
Units. However, nothing in this section is intended to limit a homebuyer's rights to
renovate a Dwelling Unit under applicable law. The Affordable Units must have
access to all on -site amenities. Affordable Units shall be finished housing units.
All Affordable Units must be constructed and occupied not later than concurrently
with construction and occupancy of Unrestricted Units. In Development Projects that
are constructed in phases, Affordable Units must be constructed and occupied in
proportion to the number of units in each phase of the Development Project.
4.12.10.4 Unit Mix
The total number of bedrooms in the Affordable Units shall be at least proportionate
to the total number of bedrooms in all units of the Project of which the Affordable
Units is part.
13 Special Town Meeting
November 30, 2009
260
4.12.10.5 Affordable Housing Restriction
Each Affordable Unit shall be subject to an Affordable Housing Restriction which is
recorded with the County Registry of Deeds or Land Court Registry District of the
County. All Affordable Housing Restrictions must include, at minimum, the following:
(a) A description of the Affordable Homeownership Unit, if any, by address and
number of bedrooms; and a description of the overall quantity and number of
bedrooms and number of 'bedroom types of Affordable Rental Units in a
Development or portion of a Development which are rental. Such restriction
shall apply individually to the specifically identified Affordable
Homeownership Unit and shall apply to. a percentage of rental units of a
rental Development or the rental portion of a Development without specific
unit identification.
(b) The term of the Affordable Housing Restriction which shall be in perpetuity or
for the longest period customarily allowed by law but shall be no less than
thirty (30) years.
(c) The name and address of the Monitoring Agent with a designation of its.
power to monitor and enforce the Affordable Housing Restriction.
(d) Reference to a housing marketing and resident selection plan, to which the
Affordable Unit is subject, and which includes an affirmative fair housing
marketing program, including public notice and a fair, resident selection
process. If approved by DHCD, the housing marketing and selection, plan
may provide for local preferences in resident selection. The plan shall
designate the. household size appropriate for a unit with respect to bedroom
size and provide that preference for such unit shall be given to a household of
the appropriate size.
(e) A requirement that buyers or tenants will be selected at the initial sale or
initial rental and upon all subsequent sales and rentals from a list of Eligible
Households compiled in accordance with the housing marketing and
selection plan.
(f) Reference to the formula pursuant to which rent of a rental unit or the
maximum resale price of a homeownership unit will be set.
(g) A requirement that only an Eligible Household may reside in an Affordable
Unit and that notice of any lease or sublease of any Affordable Unit shall be
given to the Monitoring Agent.
(h) Provision for effective monitoring and enforcement of the terms and
provisions of the Affordable Housing Restriction by the Monitoring Agent.
(i) Provision that the restriction on an Affordable Homeownership Unit shall run
in favor of the Monitoring Agent and the Town of Reading, in a form approved
by municipal counsel, and shall limit initial sale and re -sale to and occupancy
by an Eligible Household.
(j) Provision that the owner(s) or manager(s) of Affordable Rental Unit(s) shall
file an annual report to the Monitoring Agent, in a form specified by that agent
certifying compliance with the provisions of this Section 4.12.10 and
14 Special Town Meeting
November 30, 2009
261
containing such other information as may be reasonably requested in order to
ensure affordability.
(k) Provision that the restriction on Affordable Rental Units in a rental Project or
rental portion of a Project shall run with the rental Project or rental portion of a
Project and shall run in favor of the Monitoring Agent and the Town of
Reading, in a form approved by municipal counsel, and shall limit rental and
occupancy to an Eligible Household.
(1) A requirement that residents in Affordable Units provide such information as
the Monitoring Agent may reasonably request in order to ensure affordability.
(m) Designation of the priority of the Affordable Housing Restriction over other
mortgages and restrictions.
4.12.10.6 Administration
The Monitoring Agent shall ensure the following (See Section 4.12.2 Definitions):
(a) Prices of Affordable Homeownership -Units are properly computed; rental
amounts of Affordable Rental Units are properly computed.
(b) Income eligibility of households applying for Affordable Units is properly and
reliably determined.
(c) The housing marketing and resident selection plan conforms to all
requirements and is properly administered.
(d) Sales and rentals are made to Eligible Households chosen in accordance
with the housing marketing and resident selection plan with appropriate unit
size for each household being properly determined and proper preference
being given.
(e) Affordable Housing Restrictions meeting the requirements of this section are
recorded with the Middlesex County Registry of Deeds or Land Court
Registry District of Middlesex County.
In the case where the Monitoring Agent cannot adequately carry out its
administrative duties, upon certification of this fact by the Approving Authority or by
the Department of Housing and Community Development, the administrative duties
shall devolve to and thereafter be administered by a qualified housing entity
designated by the Reading Board of Selectmen.
4.12.10.7 Costs of Housing Marketing and Selection Plan
The housing marketing and selection plan shall make provision for payment by the
owner of reasonable costs to the Monitoring Agent and the owner shall pay
reasonable costs to the Monitoring Agent to develop, advertise, and maintain the list
of Eligible Households and to monitor and enforce compliance with affordability
requirements.
4.12.11 Plan Approval Procedures
15 Special Town Meeting
November 30, 2009
262
The Approving Authority (AA) shall adopt and file with the Town Clerk Administrative
Regulations relative to the application requirements and contents for Plan Review,
subject to approval by the Massachusetts Department of Housing and Community
Development. Plan approval procedures shall be as follows:
4.12.11.1 .Pre- Application Requirements
Prior to the submittal of a Plan for Plan Approval, a "Concept Plan" may submitted
to help guide the development of the definitive submission for project build out. Such
Concept Plan shall reflect the following:
(a)
(b)
(c)
(d)
(e)
Overall building envelope areas
Open space and natural resource areas
General site improvements, drainage plans, groupings of buildings and
proposed land uses
Anticipated parking spaces and locations
Site vehicular access
The Concept Plan is intended to be used as a tool for both the Applicant and the
Approving Authority to ensure that the proposed Project design will be consistent
with the Design Standards and other requirements of the DSGD.
4.12.11.2 Application Procedures
All Projects are subject to Plan Approval.
(1) Submittal
An application for Plan Approval shall be submitted to the AA on the form
provided by the Authority, along with the application fees set forth in the
administrative regulations. The application shall be accompanied by such plans,
and other documents as required by the AA as well as any materials required to
verify compliance with any of the provisions of this Section 4.12. All plans shall
be prepared by certified architects or engineers as required by the.
Massachusetts Building Code.
An application for Plan Approval shall be filed by the Applicant with the Town
Clerk. A copy of the application, including the date, of filing certified by the Town
Clerk, as well as the required number of copies of the application, shall be filed
forthwith by the Applicant with the AA. Application submissions must include a
hard copy as well as an electronic copy in PDF or CAD format. Said filing shall
include any required forms provided by the AA. As part of any application for
Plan Approval for a Development Project, the Applicant must submit the following
documents to the AA and the Monitoring Agent:
• Evidence that the Development Project complies with the cost and .eligibility
requirements of Section 4.12.10;
16 Special Town Meeting
November 30, 2009
263
• Development Project plans that demonstrate compliance with the design and
construction standards of Section 4.12.10.3; and
A form of Affordable Housing Restriction that satisfies the requirements of
Section 4.12.10.5.
• Review Fees: The Applicant shall be required to pay for reasonable
consulting fees to provide peer review of the application for the benefit of the
Approving Authority. Such fees shall be held by the Town of Reading in an
interest - bearing escrow account, and shall be used only for expenses
associated with the use of outside consultants employed by the Approving
Authority in reviewing the Plan application. Any surplus funds remaining after
the completion of such review, including any interest accrued, shall be
returned to the Applicant forthwith;
(2) Circulation to Other Boards
Upon receipt of the application, the AA shall immediately provide a copy of the
application materials to all relevant municipal Boards, Departments,
Commissions, Officials as determined by the AA and, if the project is subject to
Affordability requirements, the Monitoring Agent. These entities shall provide
any written comments within -60 days of receipt of the plan and application.
(3) Public Hearing
The Approving Authority shall hold a, public hearing and review all applications
according to the procedure specified in Mass. Gen. Laws Ch. 40A § 11
(4) Criteria for Plan Approval
The Approving Authority shall approve the Development Project upon the
following findings:
a. The Applicant has submitted the required fees and information as set forth in
applicable Regulations; and
b. The proposed Development Project as described in the application meets all
of the requirements and standards set forth in this Section 4.12, applicable
Design Standards and the AA regulations, or a waiver has been granted
there from; and
c. Any extraordinary adverse potential impacts of the Project on nearby
properties have been adequately mitigated.
For a Project subject to Affordability requirements, compliance with Condition b.
above shall include written confirmation by the Monitoring Agent that. all
Affordability requirements have been satisfied.
(5) Criteria for Plan Denial
A Plan Approval application may be disapproved only where the Approving
a. The applicant has not submitted the required fees and information as set forth
in the regulations; or .
17 Special Town Meeting
November 30, 2009
264
b. The Project as described in the application does not meet all the
requirements and standards set forth in this Section 4.12, applicable Design
Standards and the AA Regulations, or that a required waiver there from has
not been granted; or
c. It is not possible to adequately mitigate significant project impacts on nearby
properties by means of suitable conditions.
(6) Time Limit
The decision of the AA shall be made, and written notice of the decision filed
with the Town Clerk within 120 days of receipt of the Application by the Town
Clerk. This time may be extended by mutual agreement between the AA and
the Applicant by written agreement filed with the Town Clerk k. Failure of the AA
to take action within said 120 days or the extended time shall be deemed an
approval of the Plan Approval application.
4.12.12 Waivers
Upon request of the Applicant, the Approving Authority may waive dimensional .and
other requirements, including design standards, with conditions, in the interests of
design flexibility and overall project quality, and'upon a finding of consistency of such
variation with the overall purpose and objectives of the DSGD and the Reading
Master Plan, or if it finds that such waiver will allow the project to achieve the density,
affordability, mix of uses and /or physical character allowed under this Section 4.12.
Notwithstanding anything to the contrary in this Zoning By -Law, the Affordability
provisions of Section 4.12.10 shall not be waived. The Approving Authority will take
into consideration the following items when considering a waiver:
1) High performance energy efficient buildings and construction methods.
2) Projects with publicly accessible open space.
3) Projects that include retail and restaurants located on street level.
4) A demonstrated shared parking initiative that makes efficient use of land and
existing parking supply..
5) The preservation or rehabilitation of historic properties or other buildings
considered significant to the Town.
4.12.13 Plan Changes After Approval by Approving Authority
4.12.13.1 Minor Plan Changes
After Plan Approval, an Applicant may apply to make minor changes in a
Development Project involving minor utility or building orientation adjustments, or
minor adjustments to parking or other site details that do not affect the overall
buildout or building envelope of the site, or provision of open space, number of
housing units, or housing need or affordability features. Such minor changes must be
submitted to the Approving Authority on redlined prints of the approved plan,
reflecting the proposed change, and on application forms provided by the Approving
Authority. The Approving Authority may authorize such changes at any regularly
18 Special Town Meeting
November 30, 2009
265
scheduled meeting, without
Authority shall set forth any
motion and written decision,
Town Clerk.
4.12.13.2 Major Plan Changes
the need to hold a public hearing. The Approving
decision to approve or deny such minor change by
and provide a copy to the Applicant for filing with the
Those changes deemed by the Approving Authority to constitute a major change in a
Development Project because of the nature of the change in relation to the prior
approved plan, or because such change cannot be appropriately characterized as a
minor change as described above, shall be processed by the Approving Authority as
a new application for Plan Approval pursuant to this Section 4.12.
4.12:14 Fair Housinq Requirement
All Development Projects within the DSGD shall comply with applicable federal, state
and local fair housing laws.
4.12.15 Project Phasing
The Approving Authority may allow a Project to be phased at the request of the
applicant or to mitigate any extraordinary adverse impacts on nearby properties. For
projects that are approved and developed in phases, the proportion of Affordable
units shall be consistent across all phases and the proportion of Existing Zoned Units
to Bonus units (as those terms are defined in 760 CMR 59.00 shall be consistent
across phases.
4.12.16 Decisions
The Approving Authority shall issue to the applicant a copy of its decision containing
the name and address of the owner, identifying the land affected and the plans that
were the subject of the decision and certifying that a copy of the decision has been
filed with the Town Clerk. if 20 days have elapsed after the decision has been filed
with the Town Clerk without an appeal having been filed, or if such appeal having
been filed is dismissed or denied, the Town Clerk shall so certify on a copy of the
decision. A copy of said decision shall be filed with the Middlesex South District
Registry of Deeds.
A Plan Approval shall remain valid and run with the land indefinitely, provided that
construction has commenced, within two years after the decision is issued, which
ti,rne_ Shall he avficnrr4nr4 by +hn.+ _ ..� ...-� a„ ,.1:..,.r. ,,.. ._.__ ._ -" ._."_r-."
.;. ..
-+ ° �uco : % . j:: at.G'v ui i G�. t, Gi Gi iii VVi iiUl i iii i is
shall be extended if the project proponent is actively pursuing other required permits
or there is other good cause for failure to commence. The Approving Authority may
require the posting of a performance bond to secure and /or screen a Development
Project site in the event that demolition is undertaken but subsequent work Lapses,
19 Special Town Meeting
November 30, 2009
266
for any reason within or outside the applicant's control, for a period longer than one
year.
4.12.17 Date of Effect
The effective date of this By -Law shall be the date on which such adoption is voted
upon by Town Meeting pursuant to the requirements of Section 5 of Chapter 40A of
the General Laws and Chapter 40R of the General Laws; provided, however, that an
Applicant may not proceed with construction pursuant to this By -Law prior to the
receipt of final approval of this By -Law and accompanying Zoning Map by both the
Department of Housing and Community Development and the Office of the
Massachusetts Attorney General
4.12.18 Severability
If any provision of this Section is found to be invalid by a court of competent
jurisdiction, the remainder of this Section shall not be affected but remain in full force.
The invalidity of any provision of this Section 4.11 shall not affect the validity of the
remainder of the Town's Zoning By -Law.
4.12.19 Amendments to Design Standards
The AA may adopt, by majority vote, amendments to the Design Standards. Any
amendment to the Design Standards must be objective and not subjective and may
only address the scale and proportions of buildings, the alignment, width, and grade
of streets and sidewalks, the type and location of infrastructure, the location of
building and garage entrances, off street parking, the protection of significant natural
site features, the location and design of on -site open spaces, exterior signs, and
buffering in relation to adjacent properties. DHCD may, at its discretion, require any
amendment to the Design Standards to contain graphics illustrating a particular
standard or definition in order to make such standard or definition clear and
understandable.
Before adopting any Design Standard, the AA shall submit the proposed Design
Standard to DHCD for approval. Any amendment to the Design Standards shall not
take effect until approved by DHCD and filed with the Town Clerk.
An application for Plan Approval that has been submitted to the Town Clerk pursuant
to this Section 4.12 shall not be subject to any Design Standard that has not been
approved by DHCD and filed with the Town Clerk.
And that the Town vote to amend the Zoning Map of the Town of Reading as follows:
20 Special Town Meeting
November 30, 2009
267
Report of the Selectman was given by Camille Anthony and Richard Schubert.
A request to present was made by the Reading - North Reading Chamber of Commerce
and given by John Douglas. Mr. Douglas presented that the Chamber was here to
support Article 5.
A presentation was given by Jean Delios, Town Planner _ Presentation Attached.
A presentation was given by Oak Tree Development - Presentation Attached.
A presentation was given by David Talbot of Precinct 5 - Presentation Attached.
A presentation was given by James Mawn, Haven Properties, Owner of MF Charles
building.
CPDC Report was given by Nicholas Safina
On motion by David Talbot of Precinct 5 to amend as follows:
Mixed -Use with
Building Type Commercial 1St Other Mixed -Use
Floor or Residential Only
Maximum Flo�Area ea Ratio (FAR)
(Gross Floor / Lot Size) 2•`I 2.0
Minimum Lot Frontage 50 feet
Maximum Lot Coverage N/A
21 Special Town Meeting
November 30, 2009
268
Minimum Lot Area
85%
Number of Buildings per lot
N/A
Maximum Building Frontage
300 feet
Minimum Front Setback'
0 feet
Maximum Front Setback'
10 feet
Minimum Side /Rear Setback 2
abutting a Residential Zone
15 feet
Minimum Side /Rear Setback 2
in DSGD or abutting Business -B
0 feet
Interior Setback (between
buildings on same lot)
15 feet
Motion Did Not Carry
On motion to end the debate at 10:27 PM:
2/3 vote required
93 voted in the affirmative
40 voted in the negative
Motion Carried
On vote of Article 5,
2/3 vote required
126 voted in the affirmative
1 voted in the negative
Motion Carried
On motion by Ben Tafoya, Chairman of Board of Selectmen it was voted that this Subsequent
Town Meeting stand adjourned (sine die).
Meeting adjourned at 10:28 p.m.
144 Town Meeting Members were present.
A true copy Attest:
Laura A. Gemme
Town Clerk
22 Special Town Meeting
November 30, 2009
269
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