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HomeMy WebLinkAbout2006-04-24 Annual Town Meeting WarrantCOMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on March 9, 2006 notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Registry of Motor Vehicles, 275 Salem Street Precinct 3 Reading Police Station, 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 Mobil on the Run, 1330 Main Street The date of posting being not less than fourteen (14) days prior to April 4, 2006, 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 15, 2006. A true copy. Attest: Cheryl Johnson; own Clerk 01 1 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 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 Addison-Wesley/Longman, One Jacob Way TUESDAY, the FOURTH DAY OF APRIL, A..D., 2006 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 for one year; 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 nine 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 two years; one member for one year; Precinct 3 Eight members for three years; two members for one year; Precinct 4 Eight members for three years; one member for two years; one member for one year; Precinct 5 Eight members for three years; Precinct 6 Eight members for three years; Precinct 7 Eight members for three years; Precinct 8 Eight members for three years. Question 1 Shall the Town of Reading approve the amendments to Article 4 of the Reading Home Rule Charter, proposed by the Reading Town Meeting, which will take effect on. July 1, 2006 and which is summarized below? Article 22 - Zoninq Board of Appeals Membership 2 Section 4-4 Board of Appeals There shall be a Board of Appeals consisting of 5 members and 2 associate members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Board of Appeals shall have the powers and duties of Zoning Boards of Appeal under the Constitution and General Laws. of the Commonwealth and such additional powers and duties as may be authorized by the Charter, by bylaw, or by Town Meeting vote. YES 0 NO and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading on MONDAY, the TWENTY-FOURTH DAY OF APRIL A.D., 2006 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 2006 - FY 2015 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 3 ARTICLE 5 To see if the Town will vote to authorize the payment during Fiscal Year 2006 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 6 To see if the Town will vote to amend one or more of the votes taken under Article 15 of the Warrant of the Annual Town Meeting of April 25, 2005, as amended under Article 5 of the November 14 2005 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 7 To see if the Town will vote to approve the FY 2007 - FY 2016 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 8 . To see if the Town will vote to accept the provisions of Chapter 44, Section 53FY2 of the Massachusetts General Laws establishing the Town's Storm Water Utility as an Enterprise Fund effective Fiscal Year 2007, 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, in accordance with G.L. c. 40, section 4A, authorize the Town Manager on behalf of the Board of Health to enter into an inter- municipal agreement with one or more other governmental units to provide public health services which the Board of Health is authorized to perform, in accordance with an Inter- Municipal Mutual Aid Agreement to be entered into between the Town and various governmental units, or take any other action relative thereto. Board of Health ARTICLE 11 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 4 ARTICLE 12 . To see if the Town will vote to appropriate contributions from all or any one of the following or other developers: ♦ Johnson Farms ♦ Archstone Development ♦ Inwood Park in Woburn For purposes including but not limited to street design, road .improvements; sidewalk and curb improvements, trail improvements, water and sewer improvements, or any other related improvements as approved by the Town Manager, or take any other action with respect thereto. Board of Selectmen ARTICLE 13 To see what sums the Town will vote to appropriate to establish revolving funds under Chapter 44, Section 53E% for any or all of the following purposes: ♦ Using the receipts generated through the sale of compost and recycling bins to purchase additional compost and/or recycling bins, said expenditures to be administered by the Public Works Director; ♦ Administering the consultant fee provision of the Reading General Bylaws Section 5.7, Wetland Protection, said expenditures to be administered by the Conservation Commission; ♦ Using the receipts generated from the issuance of Building, Plumbing or Gas, and Wiring and other permits for the Archstone Development, the Johnson Woods Development and/or the Addison Wesley Development to pay the costs of legal expenses, oversight and inspection, plan review, initial property value appraisal and appeals, and other administrative expenses related to those developments; and for the construction of curb, sidewalks, and other pedestrian safety improvements; said expenditures to be administered by the Town Manager, and to determine the total amount of expenditures during FiscalYear 2007 which may be made from each such fund, or take any other action with respect thereto. Board of Selectmen. ARTICLE 14 To see if the Town will vote to accept Section 1 of Chapter 157 of the Acts of 2005 that provides accidental disability retirees who are veterans with an additional yearly retirement allowance of $15 for each year of creditable service with the total of this additional. retirement allowance not to exceed $300 annually, or take any other action with respect thereto. Contributory Retirement Board ARTICLE 15 To see if the Town will vote to determine how much money the Town will appropriated 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 2007 beginning July 1, 2006, or take any other action with respect thereto. Finance Committee 5 ARTICLE 16, To see if the Town will vote to authorize the Board of Selectmen to release all.of the Town's right, title and interest in a 20' drainage easement located upon the property at 98 Hartshorn Street, Assessors Map 113, Parcel 77, presently owned by David M. Swyter and Suzanne I. Biron; and to see if the Town will vote to authorize the Board of Selectmen to accept in its place a 15' drainage easement located upon the property at 98 Hartshorn Street. presently owned by David M. Swyter and Suzanne I. Biron; or take any other action in relation thereto. Board of Selectmen ARTICLE 17 To see what sum the Town will raise by borrowing, or from the tax levy or transfer from available funds or otherwise, and appropriate for the purpose of constructing a sanitary sewer system and sewer facilities on all or portions of Franklin Terrace, such sum to be expended by and under the direction of the Board of Selectmen, or take any other action with respect thereto. Board of Selectmen ARTICLE 18 To see if the Town will vote to authorize the Board of Selectman to acquire by purchase, eminent domain, gift or otherwise, two parcels of land containing approximately 2.14 acres located on Main Street shown as Lots 2 and 16 on Board of Assessors Map 237 currently believed to be owned by the estate of Richard A. Mattera, said land to be used for open space and conservation purposes in accordance with the provisions of Mass. General Laws Chapter 40, Section 8C to be under the care, management and control of the Town of Reading Conservation Commission and further to be dedicated in perpetuity to purposes stated in Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts including the protection of water resources and shall be fully protected by all provisions of Article 97; and to see if the Town will vote to appropriate by borrowing, or transfer from available funds, or otherwise, a sum of money; and to authorize the Board of Selectmen to enter into any and all agreements and contracts upon terms and conditions as they may determine to be necessary to carry out the acquisition of such parcel and the purposes of this Article, and to see if the Town will authorize the Board of Selectmen, Town Manager and/or the Conservation Commission to apply for a grant or grants, including but not limited to a Self-Help Grant under MGL, Chapter 132A, Section 11, to be used to defray the cost of all, or any part of the purchase price for such parcel of land; provided however that any borrowing authorized by this Article and any appropriation subject to this Article shall be contingent upon the passage of a debt exclusion referendum question under General Laws Chapter 59, §21 C within 90 days of the close of this Annual Town Meeting, or take any other action with respect thereto. Board of Selectmen ARTICLE 19 To see if the Town of Reading. Will vote to accept the report of the Board of Selectmen upon the laying out as public ways the following described private ways under the provision of law authorizing the assessment of betterments, such ways being laid out in accordance with.plans duly approved by the Board of Selectmen; and authorized the Board of Selectmen to take such ways under the provision of law authorizing the assessment of betterment's, in fee or rights. of easement therein by eminent domain, under the provisions of Chapter 79 of the General Laws, as amended, or acquire said lands in fee or rights of easement therein by purchase, gift or otherwise 6 and to assess betterment's therefore, the plans and descriptions for such ways being filed in the Office of the Town Clerk in accordance with the statutory requirements; and to see what sum the Town will vote to appropriate by borrowing, or from the tax levy, or transfer from available funds, or otherwise, for the acquisition of said lands or easements therein or for payment of any eminent domain damages and for the construction of said ways, or take any other action with respect thereto. ■ Adam Way Board of Selectmen ARTICLE 20 To see if the Town will authorize the Board of Selectmen to transfer lands of the Town including portions of George Street in excess of a 40' wide right of way to an abutting property owner or owners; and further to see if the Town will vote to discontinue the portion of George Street to be so transferred; and to see if the Town will authorize the Board of Selectmen to accept from an abutting property owner or owners, portions of private property. to establish a right of way on George Street of not less than 40'; and to see if the Town will vote to accept the additional portion of George street as a public way; all actions under such terms and conditions as the Board of Selectmen may determine, or to take any other action with respect thereto, Board of Selectmen ARTICLE 21 To see if the Town will vote to rescind the entirety of Section 5.6 of the General Bylaws, and replace it with the following, or take any other action with respect thereto: ANIMAL CONTROL BYLAW 5.6.1- Definitions As used in this By-Law, the following words and terms have the following meanings: 5.6.1.1 ACO The Animal Control Officer. 5.6.1.2 Banishment An order by the Animal Control Appeals Committee (ACAC) that a vicious dog may no longer reside or visit in the Town of Reading. 5.6.1.3 Destruction An order by the Animal Control Appeals Committee (ACAC) that a vicious dog be destroyed in accordance with Massachusetts General Laws Chapter 140 and Massachusetts Society for the Prevention of. Cruelty to Animals guidelines. 5.6.1.4 Effective voice control - To be. under effective voice control, the animal must be within the keeper's sight and the keeper must be carrying a leash and the animal must refrain from illegal activities. 5.6.1.5 Keeper Any person having charge of an animal within the Town of Reading, including but not limited to the animal's owner, dog walkers, dog sitters, members of the animal owner's household or family. - 5.6.1.6 Kennel Four or more dogs, six months of age or older, kept on a single property, whether for breeding, sale, training, hunting, companionship, or any other purpose. 7 5.6.1.7 Kennel license A special license issued to a kennel, which allows payment of a single fee covering all dogs in the kennel; with the kennel license,. the kennel owner receives a special kennel tag for each dog in the kennel. 5.6.1.8 License A dog's registration, evidenced by a tag issued annually by the Town Clerk to the owner of each dog residing in Reading and worn by the dog securely fixed to its collar or harness. 5.6.1.9 License, transfer The registration issued to a dog already licensed in another US jurisdiction, after the dog moves into the Town of Reading. 5.6.1.10 License period Annually, from January 1St through December 31St. 5.6.1.11 Muzzling Using a device that fits over a dog's mouth and prevents it from biting, but that does not cause any injury or interfere with the vision or respiration of the dog that wears it. 5.6.1.12 Nuisance dog A dog that repeatedly violates Section 5.6.5 of this By-Law. 5.6.1.13 Permanent restraint - An order issued by the Animal Control Appeals Committee under Section , requiring a vicious dog's keeper to restrain it. 5.6.1.14 Restraint Limiting, restricting, or keeping an animal under control by means of a physical barrier (e.g., a leash, substantial chain or line, visible or invisible fence). 5.6.1.15 Running at large . A dog is running at large if it is not on the private property of its keeper, or on private property with the express permission of that property's owner, or on a leash, or under effective voice control (i.e., within the keeper's sight and the keeper is carrying a leash). 5.6.1.16 Temporary restraint An order issued by the ACO under Section 5.6.3:2(4), requiring the dog's keeper to restrain a nuisance dog or suspected vicious dog for 30 days. 5.6.1.17 Vicious dog A dog that, without provocation,. bites a human being or kills or maims a domestic animal without provocation. 5.6.1.18 Any word or term defined in Massachusetts General Law Chapter 140, Section 136A, and not otherwise defined here, is incorporated. by reference. 5.6.2 VACCINATION, LICENSING, AND FEES .5.6.2.1 Three or fewer dogs. 5.6.2.1.1 License and vaccination requirements. All. dogs six months and older, while residing in the Town of Reading, must have a license. To obtain or renew the license, each dog owner must annually present proof of a current rabies vaccination. When a veterinarian determines that vaccination is inadvisable, the owner may present a veterinarian's certificate exempting an old or sick dog from vaccination for a stated period of time. 5.6.2.1.2 New dogs. Within 30 days of acquiring a dog 6 months of age or older, each dog owner in Reading must present proof of that dog's current rabies vaccination and obtain a license and dog tag from the Town Clerk. 5.6.2.1.3 New puppies. Within 6 months of a puppy being born, each dog owner in Reading must present proof of that puppy's current rabies vaccination and obtain a license and dog tag from the Town Clerk. 8 5.6.2.1.4 New residents. A new resident who owns a dog 6 months of age or older must license it within 30 days after moving into Reading. The Town Clerk will issue each dog a transfer license, upon the owner's surrender of a current license from another US jurisdiction and proof of current rabies vaccination. The transfer license is valid until the next regular licensing period. 5.6.2.1.5 Lost tags/replacement tags. Dog owners must replace a lost tag within three business days of the loss, by obtaining a replacement tag from the Town Clerk. 5.6.2.1.6 Tag exemptions for dog events and medical reasons. (1) A dog while actually participating in an official dog sporting or dog fancy event (if the event sponsors do not allow participants to wear tags) is exempt from the requirement that its license tag be affixed to its collar, provided its keeper has the tag at the event and available for inspection by the ACO. (2) When a veterinarian determines that a dog cannot wear a collar for medical reasons, the dog is exempt until it recovers from the requirement that its license tag be affixed to its collar, provided its keeper has the tag in his or her possession and available for inspection by the ACO. 5.6.2.1.7 Annual renewal. Dog owners must renew each dog license annually. The annual licensing period runs from January 1St through December 31St 5.6.2.1.8 License due date/late fee. The application form for obtaining, renewing, or transferring a license shall be available to each household no later than December 31St each year. Dog owners must return forms and fees to the Clerk by March 31 (or the first business day thereafter, if March 31 falls on Saturday, Sunday, or legal holiday). Any license renewed after this date is overdue, and the owner must pay a late fee as determined by the Board of Selectmen in addition to the license renewal fee. The overdue license fee and the late fee may be added to the owner's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the dog owner, pursuant to Massachusetts General Laws Chapter 40, Section 58. 5.6.2.1.9. License fees. The fees for licensing each dog shall be determined by the Board of Selectmen. The fees shall differentiate between neutered or spayed dogs, and not neutered or non-spayed dogs. The fee for neutered or spayed dogs shall be less than the fee for non- neutered or non-spayed dogs. 6.6.2.2 Four or more dogs. 5.6.2.2.1 License and vaccination requirements. Anyone who owns or boards four or more dogs within the Town of Reading must apply for and obtain a kennel license from the Town Clerk. (This requirement shall not apply to medical boarding by any licensed veterinarian practicing in the Town of Reading.) To obtain or renew the license, the kennel licensee must present proof of current rabies vaccinations for each dog in the kennel older than six months. When it is off the kennel property, each dog in the kennel must wear a kennel tag, issued by the Town Clerk, affixed to its collar or harness. 5.6.2.2.2 New dogs and new puppies. The kennel licensee must report to the Town Clerk each new dog in the kennel within 30 days of its acquisition, show proof of current vaccination, and obtain a kennel tag for that dog. The kennel licensee must show proof of current vaccination and obtain a tag for each puppy when it reaches six months old. 9 5.6.2.2.3 Application process. Every applicant for a new kennel license must first obtain Zoning approval as. required by the Reading Zoning Bylaws prior to submitting an application to the Town Clerk on a.form prescribed by the Clerk. 5.6.2.2.4. Inspection process. Before the Town Clerk can issue the kennel license, the Health Division animal inspector must inspect the proposed kennel, file a report on the inspection, and favorably recommend that the kennel meets all the following requirements: (1) The location of the kennel is appropriate for housing multiple dogs. (2) The location of the kennel on the property.will have no significant adverse effect on the peace and quiet or sanitary conditions of the neighborhood. (3) The area provided for housing, feeding, and exercising dogs is no closer than 20 feet to any lot line. (4) The. area provided for housing, feeding, and exercising dogs is no closer than 50 feet to any existing dwelling on an abutting lot. (5) The kennel will be operating in a safe, sanitary, and humane condition. (6) Records of the numbers and identities of the dogs are properly kept. (7) The operation of the kennel will be consistent with the health and safety of the dogs and of the neighbors. 5.6.2.2.5 Periodic inspections. Before a kennel license is renewed, and at any time they believe it necessary, the ACO and or the Health Division may inspect any kennel. If the ACO or the Health Division determine that it is not being maintained in a safe, sanitary, and humane condition, or if the kennel records on the numbers and identities of the dogs are not properly kept, the ACO will report the violations to the Animal Control Appeals Committee (ACAC) for a hearing on whether to impose fines or revoke the kennel license. 5.6.226. Kennel review hearings. Within 7 business days after receiving the ACO's report of violations the ACAC will notify all interested parties of a public hearing to be held within 14 days after the notice date. Within 7 business days after the public hearing, the ACAC shall either revoke the kennel license, suspend the kennel license, order compliance or otherwise regulate the kennel (1) Any person maintaining a kennel after the kennel license has been denied, revoked, or suspended will be subject to the penalties in Section 5.67 of this By-Law. 5.6.2.2.7. Annual renewal. Each kennel licensee must renew the license annually, at the Town Clerk's Office. The annual licensing period runs from January 1St to December 31St 5.6.2.2.8. License due date. Kennel license renewal forms will be sent to each licensed kennel, no later than December.1st each year. Kennel licensees must return forms and fees to the Town Clerk by January 15th (or the first business day thereafter, if the 15th falls on Saturday, Sunday, or legal holiday). Failure to pay on time will result in a late fee, due in addition to the license fee. The overdue license fee and the late fee may be added to the licensee's tax bill or. may be recovered through the imposition of a municipal charges lien on any property standing in the name of the kennel .licensee, pursuant to Massachusetts General Laws Chapter 40, Section 58. Nothing in this bylaw shall prevent or abrogate the Board of Health's authority to license and inspect kennels in the Town o f Reading. 5.6.2.2.9 Fees. The fees for licensing each kennel shall be established by the Board of Selectmen. 10 5.6.2.2.10 Incorporation. The following provisions of Massachusetts General Laws Chapter 140 are expressly incorporated herein: Section 137B-Sale or other delivery of unlicensed dog by kennel licensee; Section 137D-Licensee convicted of violation of statutes relating to offenses against animals; and Section, 138A-Importation of dogs and cats for commercial resale, etc. 5.6.3 CONDUCT OF ANIMALS 5.6.3.1 Endangering safety. No animal keeper shall allow its animal to bite, menace, or threaten, all without provocation, so as to endanger the safety of any person. This section is not meant to preclude an animal from acting as a watchdog on its keeper's property. 5.6.3.2. Disturbing the peace: No animal. keeper shall allow the animal.to disturb the peace of any neighborhood by making excessive noise without provocation. Noise is excessive if it is uninterrupted barking, yelping, whining, or howling for a period of time exceeding 15 minutes. This section is not meant to preclude a dog from acting as a watchdog on its keeper's property. 5.6,3.3.. Damaging property. No animal keeper shall allow the animal to damage public or private property or realty. 5.6.3.4 Running at large. When not on the private property of its keeper, or on private property with the express permission of that property's owner, an animal must be on a leash or may be under effective voice control in locations noted below. To be under effective voice control, the animal must be within the keeper's sight and the keeper must be carrying a leash. (1) Voice control (in place of leash control) allowed. A dog may be under voice control when within the Town Forest or on Conservation lands. (2) Public gatherings -leash control only. An animal may be at any public gathering not otherwise specified in this By-Law only if it is on a 6-foot or shorter leash and the animal must refrain from illegal activities. (3) School grounds-animals not allowed during school/leash control only at other times. Unless the school principal gives permission in advance, no animal may be on school grounds from 30 minutes before classes begin until 30 minutes after classes end. At all other times, the animal may be on school grounds only if it is on a 6-foot or shorter leash. An animal is not violating this prohibition if it remains within a vehicle. (4) Exception for assistance animals (service animals). Section 5.6.5.4 does not apply to any properly trained assistance animal or service animal while performing its duties. 5.6.3.5 Chasing. No animal keeper shall allow the animal to chase a person, motor- powered vehicle, human-powered vehicle, or animal drawing or carrying a person. 5.6.3.6 Dog litter. Every dog keeper is responsible for expeditiously removing any dog feces the dog deposits anywhere except on its keeper's private property, on other private property with the property owner's permission,. This provision does not apply to any assistance dog or service dog while it is performing its duties. 5.6.4 ANIMAL CONTROL OFFICER 5.6.4.1. Appointment. The Town Manager shall appoint an Animal Control Officer (ACO) under the provisions of Massachusetts General Laws Chapter 140, 11 Sections 151 and 151A to carry out the provisions of this By-Law and to perform such other duties and responsibilities as the Town Manager or his designee may determine. 5.6.4.2 Duties. The ACO's duties shall include but not be limited to the following: (1) Enforcement of the Town of Reading by-laws and relevant state regulations... (2) Explanation of By-Law violations. (3) Notification to the owner of Unlicensed dogs. (4) Issuance of Temporary restraint orders. The ACO shall issue an order of temporary restraint to the keeper of any animal that is a nuisance or that is awaiting a decision under Section 5.6.6 as to whether it is vicious. An order of temporary restraint is an order that the animal must be confined to its keeper's property when not on a 6-foot or shorter leash or may be, ordered to be sheltered at a local kennel or veterinarian facility at the animal owner's expense; muzzling will be at the ACO's discretion. It shall be. in force for no more than 30 days unless the ACO renews it in writing for subsequent 30- day periods. The ACO shall rescind or stop renewing the order when, in the ACO's judgment, restraint is no longer required. The animal's keeper can petition the Animal Control Appeals Committee (ACAC) under Section 5.6.5.2 to rescind the order of temporary restraint. (a) Nuisance animal. An animal is a nuisance if it repeatedly violates any subsection of Section 5.6.3, particularly if it continues to chase motor vehicles, pedal vehicles, or animals carrying or drawing a person, or continues to damage property after its keeper has been fined for the animal running at large. (b) Awaiting a decision on a vicious animal hearing. The ACO must order an animal restrained and (when off the keeper's property) muzzled pending the outcome of a vicious animal hearing under Section 5.6.6.2. (6) Issue an order of Confinement. The ACO may make arrangements for the temporary housing of any animal that is to be confined under the provisions of this By-Law: The housing may be at local veterinary clinics, or at dog kennels within the Town or neighboring towns, and shall be at the animal owner's expense.. (7) Complaint resolution. The ACO shall investigate all complaints arising within the Town pertaining to violations of this By-Law. and try to mediate disputes between Town residents pertaining to the behavior of an animal maintained or located within the Town. If the mediation fails, the ACO will decide on a solution and inform the animal owner and any resident that brought a complaint or problem to the ACO's attention' Any party aggrieved by or disagreeing with the ACO's decision may appeal that decision to the Animal Control Appeals Committee; the ACO shall attend the meetings of the ACAC on the matter. (8) Recordkeeping. The ACO shall keep accurate, detailed records of the confinement and disposition of all animals held in custody and of all bite cases reported, and the results of investigations of the same. The ACO shall maintain a telephone log of all calls regarding animals and submit a monthly report summarizing the log to the ACAC. 12 5.6.5 ANIMAL CONTROL APPEALS COMMITTEE (ACAC) 5.6.51 Composition of the ACAC. The Animal Control Appeals Committee is comprised of three Reading residents, none of whom can be employees of the Town, appointed to three-year overlapping terms by the Board of Selectmen. The ACAC will annually select a member to serve as the chair. At least one of the three members must be "a dog owner. 5.6.5.2 Right to appeal. When the Animal Control Officer has investigated a complaint regarding an animal's behavior and has issued a finding or an order of temporary restraint with which either the .animal's keeper or the complainant disagrees, then either party may appeal by sending a written request to the Town Clerk within 10 business days after issuance of the ACO's decision. Following the Clerk's receipt of a written appeal; the ACAC shall hold a public hearing on the appeal within 14 days, at which the dog owner, the complainant, and the ACO must appear. 5.6.5.3. Findings and further appeals. The ACAC shall vote at the public hearing on whether to " uphold, reverse, or modify the ACO's decision and shall mail its ruling to the animal owner, complainant, and ACO within three business days after the public hearing. 5.6.5.4 Hearings vicious dogs. The ACAC shall hold public. hearings and make decisions on any vicious dog declaration under Section 5.6.6 5.6.5.5 Further Appeals. An appeal from a decision of the ACAC may be made by either the Owner or Complainant pursuant to the provisions of M..G.L. Chapter 30A. 5.6.6 VICIOUS DOGS 5.6.6.1 Declaring a dog vicious. Any dog that, without provocation, bites a human being or kills or maims a domestic animal without provocation may be declared vicious by the ACAC. An exception may be made for a puppy (animal under 6 months old) that draws blood, or for a dog that attacks or bites an unaccompanied domestic animal on the dog keeper's property: 5.6.6.2. Procedure for declaring a vicious dog. Upon the written complaint of the ACO, any other public safety agent, or upon the petition of not less than 5 individuals from 5 separate households the Animal Control Appeals Committee (ACAC) shall hold a public hearing, after which it will determine whether it should declare a dog vicious and, if so declared, what remedy is appropriate. 5.6.6.3 Exceptions. A dog shall not be declared vicious if the ACAC determines any of the following: (1) The person's skin was not broken. (2) The person who was bitten was willfully trespassing, committing a crime, or attempting to commit a crime on the premises occupied by the dog's keeper. (3) The dog was being teased, tormented, abused, or assaulted by the injured person or animal prior to attacking or biting. (4) The dog was protecting or defending a human being in its immediate vicinity from attack or assault. 5.6.6.4 Remedies. Upon its finding that the dog is vicious, the ACAC shall order one of " the following remedies: permanent restraint; banishment; or destruction in accordance with MSPCA guidelines. 13 (1) Permanent restraint order is an order that the dog must at all times while on its keeper's property be kept within the keeper's house or a secure enclosure ; whenever the dog leaves its keeper's property, it must be muzzled and restrained on a lead no longer than 6 feet or confined in an escape-proof enclosure. The secure enclosure shall be a minimum of 5 feet wide, 10.feet long, and 5 feet in height, with a horizontal top covering the entire enclosure; shall be constructed of not less than 9 gauge chain link fencing; the floor shall be not less than 3 inches of poured concrete; with the bottom edge of fencing embedded in the concrete; shall be posted with a . clearly visible warning sign including a warning symbol; must contain and provide protection from the elements; and shall comply with all applicable building codes and with the Zoning Bylaws of the Town of Reading. In addition, the keeper of the dog shall annually provide proof to the Town Clerk of a liability insurance policy of at least one hundred thousand dollars ($100,000) for the benefit of the public safety. (2).Banishment is an order that a vicious dog may no longer reside or visit in the Town of Reading. (A. vicious dog that is confined to a vehicle while passing through, Reading is not "visiting" and therefore is not in violation of the order of banishment.) (3) Destruction is an order that the dog be destroyed in accordance with Massachusetts General Laws Chapter 140 and Massachusetts Society for the Prevention of Cruelty of Animals guidelines. 5.6.7 PENALTIES 5.6.7.1 Fines. Any animal keeper who maintains a kennel after the kennel license has been denied, revoked, or suspended, or who fails to obtain a kennel license; and any animal keeper who fails to comply with Section 5.6.5 CONDUCT OF ANIMALS shall be subject to penalties as determined by the Animal. Control Appeals Committee, not exceeding $300 per day for every day of the violation. 5.6.7.2 Reimbursement of costs. If the Animal Control Officer confines a dog and the animal owner does not pay all fees directly to the kennel or veterinary clinic, then the dog's keeper must reimburse the Town of Reading for any expenses incurred in boarding that dog. If the dog has not been licensed, the keeper must obtain a license and pay any applicable late fee before the dog can be released. 5.6.7.3 Penalties for violating restraint orders. The ACAC shall determine a schedule of penalties not exceeding $300 for each and every violation of restraint orders. 5.6.8 MISCELLANY 5.6.8.1 Non-criminal disposition of violations. The ACO may, as an alternative to initiating criminal proceedings, initiate and pursue proceedings for the non- criminal disposition of any violation of this By-Law, in accordance with the provisions of Massachusetts General Laws Chapter 40, Section 21 D, to the extent of the specific. penalty provided therefore. 5.6.8.2 Incorporation of state law. The provisions of Massachusetts General Laws Chapter 140, Sections 136A through 156 and 158 through 174D, inclusive, as may be amended from time to time and except as modified herein, are hereby incorporated into this By-Law. 14 5.6.8.3.Severability. The invalidity of one or more sections, subsections, paragraphs, sentences, clauses, or provisions of this By-Law shall not invalidate or impair any other part of this By-Law nor invalidate the By-Law as a whole. Board of Selectmen ARTICLE 22 To see if the Town will vote to adopt the- following General Bylaw. regulating construction hours and noise limits, or take any. other action with respect thereto: 5.5.8 Construction Hours and Noise Limits 5.5.8.1 - Purpose. The intent of the bylaw is to regulate the hours during which construction and demolition activities may take place within the Town and otherwise to limit the impact of such activities on nearby residents and business. 5.5.8.2 - Definition. • "Construction" shall mean. and include the construction, reconstruction, alteration, repair, demolition and/or removal of any building, structure or substantial part thereof if such work requires a building permit; razing permit, electrical permit, plumbing permit, gas permit, or mechanical permit. "Construction" shall also include excavation that involves the use of blasting jackhammers, pile drivers, back hoes and /or other heavy equipment. "Construction" shall also include the starting of any machinery related to the above, deliveries, fueling of equipment, and any other preparation or mobilization for construction which creates noise or disturbance on abutting properties. 5.3.8.3 - Hours. No person shall perform any construction within the Town except between the hours of: • 7 a.m. and 8 PM, Monday through Friday; • 8 a.m. to 5 PM on Saturdays; • None on Sundays and legal holidays. 5.3.8.4 - Exemptions. The restrictions set.forth in this bylaw shall not apply to any work performed as follows: • By any Federal or State Department, Reading Department of Public Works, the Reading Municipal Light Department and/or any contractors working directly for these agencies; By a resident on or in connection with his residence, without the aid of hired contractors, whether or not such residence is a detached single family home. • In the case of work occasioned by a genuine and imminent emergency, and then only to the extent necessary to prevent loss or injury to persons or property. 5.3.8.5 - Permits. The Chief of Police or his designee (the Chief), may in his reasonable discretion issue permits in response to written applications. authorizing applicants to perform construction during hours other than those permitted by this bylaw. Such permits may be issued upon a determination by the Chief, in consultation with the Building Inspector, the Town Engineer, or other Town staff, that literal compliance with the terms of this bylaw would create an unreasonable hardship and that the work proposed to be done (with or without any proposed mitigative measures) will have no adverse effects of the kind which this bylaw seeks to reduce. Each such permit shall specify the person authorized 15 to act, the dates on which or within which the permit will be 'effective, the specific hours and days when construction otherwise prohibited may take place, and any conditions required by the Chief to mitigate the effect.thereof on the community. The Chief may promulgate a form of application and charge a reasonable.fee for each permit. No permit may cover a period of more than thirty days. Mitigative measures may include notice to residents in the surrounding area, and other mitigation as determined by the Chief. 5.3.8.6 - Unreasonable Noise. Regardless of the hour or day of the week, no construction shall be performed within the Town in such a way as to create unreasonable noise. Noise shall be deemed unreasonable if it interferes with the normal and usual activities of residents and businesses in the affected area and could be reduced or eliminated through reasonable mitigative measures.. 5.3.8.6 -Copy of Bylaw. The Building Inspector shall deliver a copy of this bylaw to each person to whom it issues a building permit, razing permit, electrical permit, plumbing permit, gas permit or mechanical permit at the time that the said permit is issued. 5.3.8.7 - Enforcement. The Police Department, Zoning Officer, and/or other agent designated by the Town Manager shall enforce the restrictions of this bylaw. Fines shall be assessed and collected in the amount of up to $300 for each violation. Each day or portion thereof that a violation continues shall constitute a separate offense. Any alleged violation of this bylaw may, in the sole discretion of the enforcing agent be make the subject matter of non-criminal disposition proceedings commenced by such agent under M.G.L. c. 40, § 21 D. Board of Selectmen ARTICLE 23 To see if the Town will vote to adopt the following General Bylaw regulating door-to-door solicitors and canvassers, or take any other action with respect thereto: 5.5.9 Door-To-Door Solicitors and Canvassers 5.5.9.1 - Definitions; applicability. 5.5.9.1.1 As used in this section, the terms "solicit" and "canvas" shall mean and include any one or more of the following activities conducted at residences without the previous. consent of the owner: (a) Seeking to obtain the purchase, or orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description whatever for any kind of consideration whatsoever; or (b) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication. 5.5.9.1.2 The provisions of this section shall not apply to officers or employees of the Town, county, state. or federal government, or any subdivision thereof when on official business, or to neighborhood youth and students who solicit for the shoveling of snow or cutting of lawns or similar services to residents, nor shall it be construed to prevent route salespersons or other persons- having established customers to whom they make periodic deliveries from calling upon such customers. 16 5.5.9.1.3 If any solicitor or canvasser is under the age of 18 years and is selling goods or periodicals for a commercial purpose, the provisions of M.G.L. c. 101, §34 shall apply. 5.5.9.1.3 The provisions of this section shall not apply to any person soliciting solely for religious, charitable or political purposes. 5.5.9.2 - Registration required. It shall be unlawful for any person to solicit or canvas or engage in or conduct business as a canvasser or solicitor without first having obtained a Certificate of Registration from the Chief of Police as provided in this section. 5.5.9.3 - Application for Certificate of Registration. 5.5.9.3.1 Application for a Certificate of Registration shall be made upon a form provided by the Police Department along with a nonrefundable application fee of $25.00. 5.5.9.3.2 An authorized representative of the sponsoring organization shall apply to the Chief of Police or his/her designee either in person or by mail. All statements on the application or in connection therewith shall be under oath. The applicant shall provide all information requested on the application, including: (a) Name, address and telephone number of the sponsoring organization, along. with a listing of all officers and directors; (b) State and/or federal tax identification number of the sponsoring organization. (c) Name, residential and business address, length of residence at such residential address, telephone number, social security number and date of birth of each representative of the sponsoring organization who will be soliciting or canvassing in the Town; (d) Description sufficient for identification of the subject matter of the soliciting or canvassing in which the organization will engage; (e) Period of time for which the Certificate is applied (every Certificate shall expire within one year of date of issue); (f) The date of the most recent previous application for a Certificate under this section; (g) Any previous revocation of a Certificate of Registration issued to the organization or to any officer, director or representative of the organization by any city or Town and the reasons therefore; (h') Any convictions for a felony, either state or federal, within five years of the application, by the sponsoring organization, any of its officers or directors, or any representative who will be soliciting or canvassing in the Town; (i) Names of the three communities where the organization has solicited or canvassed most recently; (j) Proposed dates, hours and method of operation in the Town; (k) Signature of authorized representative of the sponsoring organization. 5.5.9.3.3 A photograph or an acceptable photocopy of a photograph of each representative of the sponsoring organization who will be soliciting or canvassing in the Town shall be attached to the application. 17 5.5.9.3.4 No Certificate of Registration shall be issued to any person, or to any, organization having an officer or director, who was convicted of commission of a felony, either state or federal, within five years of the date of the application, nor to any organization or person who's Certificate of Registration has previously been revoked as provided below. 5.5.9.3.5 Fully completed applications for Certificates shall be acted upon within five business days of receipt. The Chief of Police shall cause to be kept in his office accurate records of every application received together with all other information and data pertinent thereto and of all Certificates of Registration issued under this section and of all denials. 5.5.9.3.6 Upon approval of an application, each solicitor or canvasser shall be issued a Certificate of Registration with a photo identification badge to carry upon his/her person at all times while soliciting or canvassing in the Town and to display the Certificate whenever asked by any police officer or any person solicited. 5.5.9.4 - Revocation of Certificate. 5.5.9.3.1 Any Certificate of Registration issued hereunder may be revoked by the Chief of Police for good cause, including conviction of the holder of the Certificate of violation of any of the provisions of this section or a false material statement in the application. Immediately upon such revocation, the Chief of Police shall give written notice to the holder of the Certificate in person or by certified mail addressed to his/her residence address set forth in the application. 5.5.9.3.2 Immediately upon the giving of such notice, the Certificate of Registration shall become null and void. In any event, every Certificate of Registration shall state its expiration date, which shall be no later than one year from date of issue. 5.5.9.5 - Deceptive practices. No solicitor or canvasser registered or exempt from registering may use any plan, scheme,- or ruse which misrepresents the true status or mission of any person conducting the solicitation or canvas in order to gain admission to the home, office or other establishment of any person in the Town. 5.5.9.6 - Duties of solicitors and canvassers. It shall be the duty of every solicitor and canvasser going onto any premises in the Town to: (a) Display a Town-issued photo identification badge on, the outside of their person; and (b) First examine whether there is a notice posted stating that no solicitors are welcome. If such notice is present, then the solicitor or canvasser shall immediately and peacefully depart from the premises; and © Any solicitor or canvasser who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. 5.5.9.7 - Lawful hours to conduct solicitation or canvas. 18 All canvassing or soliciting under this section shall be 'confined to the hours between 10:00 A.M. and, sundown or 8:00 P.M., whichever is earlier, throughout the year. 5.5.9.8 - Penalty for violations. Any solicitor or canvasser who violates any provision of this section shall be punishable in accordance with section 1.5 of the Town of Reading General Bylaws. Board of Selectmen ARTICLE 24, To see if the Town will vote to amend § 5.13 of the General Bylaws of the Town as -follows: • § 5.13.3.2 - by deleting said section in its entirety, and inserting in its place: "Upon the receipt of a completed application form for a Potentially Significant Structure, the Building Inspector shall immediately forward a copy thereof to the Commission for review." • § 5.13.3.3 - by deleting the word "Permit" in the first sentence and replacing it with the word "Application", so that the first part of said section reads, "Within fourteen (14) days of the date upon which the Commission receives the Demolition Application, the Commission shall make an Initial Determination that is..." • § 5.13.3.6 - by deleting the word "six (6)" in the second sentence and replacing it with the word "twelve (12)", so that said second sentence shall read, "The Commission shall so advise the applicant and the Building Inspector, and a Demolition Permit may be delayed up to twelve (12) months after the conclusion of the hearing during which time alternatives to demolition shall be considered." • § 5.13.3.4 - by deleting the second sentence of the second paragraph and replacing it with, "The Applicant shall be responsible for costs associated with the mailing, posting or publishing of the required notices." or take any other action with respect thereto. Historical Commission ARTICLE 25 To see if the Town will vote to amend Section 4.3.2.8 of the Zoning Bylaw, Accessory Apartments as follows: The language of Section. 4.3.2.8a. is deleted and replaced with the word "Reserved." The phrase as it existed on August 1, 1982 is deleted from Section 4.3.2.8e. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 26 To see if the Town will vote to take the following action with respect to the Zoning By-Laws- 19 a) Amend Article 2.0, DEFINITIONS, by adding the following definition 'as Section 2.2.28.1: ' "2.2.28.1. Lifestyle Center: A group of commercial establishments (including any combination of retail sales uses, consumer service establishments, restaurants, financial institutions and offices) situated on 15 acres or more of land in a Business C District, together with ancillary utility facilities, parking areas, driveways, roads, landscaped areas and buffer areas. A Lifestyle Center may consist of one or more lots and one or more buildings, provided that the separate lots and buildings are developed with a unified approach to access and circulation, parking, truck loading and unloading, vehicular entrances and exits, drainage, utilities and management of landscaped and buffer areas. Uses in a Lifestyle Center shall not be considered a mixed use as defined in Section 2.2.21.2.." b) Amend 4.2.2 Table of Uses as follows: In the column entitled "Bus C" by.adding a after the word "No" in the row entitled "Retail Sales"; and by adding a "*****"after the word "No" in the row entitled "Consumer Services," and by adding under the heading "Business and Service Uses" after "Retail Sales" and before "Consumer Services" the following new item: PRINCIPAL USES RES RES RES BUS BUS BIDS IND S-15 A-40 A-80 A B C S-20 S-40 Lifestyle Center No No No No No Yes No by adding to the notes appearing at the end of the Table of Uses, the following: Notwithstanding the above, such use is allowed as a part of a Lifestyle Center." C) Amend Section 4.3.1.3 by adding after the word "located" the following: provided that the foregoing shall not preclude the use and operation of restaurants or other uses typically included in a Lifestyle Center." d) Amend Section 5.1.2 Table of Dimensional Controls as follows: by deleting the row entitled "In BUS-C Districts" under the Section entitled "Other Permitted. Principal Use" in its entirety and substituting therefor the following: 20 Maximum Minimum Minimum Yds. Maximum Building Lot Height Lot Width Circle. Area Sq. Frontage Front Side Rear Coverage Feet Diameter Feet Feet Feet Feet Feet % of Lot Feet In Bus-C N.A. N.A. 10*** 10*** 10*** 60 55** Districts by adding at the end of the footnote to the Table of Dimensional Controls labeled as the following: "See additional provisions contained in Section 5.3.1.4.a." by adding after footnote to the Table of Dimensional Controls, the following: "***Except as provided in Section 5.2.3.7. e) Amend Section 5.2.3 Yards by adding the following as Section 5.2.3.7: "5.2.3.7. Notwithstanding anything contained in this By-Law to the contrary, a Lifestyle Center may be constructed on more than a single Lot, and such Lots may be in separate ownership, and in such event the intensity regulations set forth in Section 5.0 of this By-Law (including, without limitation, the Table of Dimensional Controls set forth in Section 5.1.2) shall not be applied to each individual Lot, but shall be applied to all of the Lots on which the Lifestyle Center is located as if the same were a single Lot." f) Amend Section 5.2.6 Gross Floor Area by deleting the word "Gross" in the title to Section 5.2.6 and adding the following as Section 5.2.6:3: "5.2.6.3. In a Lifestyle Center, no retail store shall exceed 70,000 square feet of net floor area. No retail store may divide its use in a Lifestyle Center into two or more retail spaces that in the aggregate would exceed maximum retail store area limitations:" g) Amend Section 5.2.8.2 by deleting the Section in its entirety and substituting therefor the following: "528.2. Except as otherwise set forth in this Section 5.2.8.2, where two or more principal buildings are on the same lot, they shall be located at least fifty (50) feet apart. Notwithstanding the above, two or more buildings situated on the same Lot within the Business C District shall have no required minimum distance between buildings." 21 A h) Amend Section 5.3.1.4 by deleting subparagraph a. of the Section in its entirety and substituting therefor the following: "a. Except as otherwise set forth in this subparagraph a, no building shall be located within one hundred (100) feet of a Residence District. Notwithstanding anything contained in Section 5.3.1 to the contrary, provided that no retail use within the Business C District exceeds fifty-five (55) feet in height, buildings may be situated within fifty (50) feet of a Residence District, but only if such buildings do not exceed fifty-five (55) feet in height." i) Amend Section 6.1.1.3 Off-Street Parking and Loading/Unloading Requirements by adding after "Restaurants" and before "Industrial and Manufacturing Establishments" the following new item: Principal Use Minimum Number of Off-Street Parking Spaces Required Minimum Number of Off-Street Loading and Unloading Spaces Required Lifestyle Center One space for each two hundred For a Building containing between fifty, (250) square feet of Net Floor 0 and 25,000 square feet-2ero Area for all uses within the spaces. Lifestyle Center. For a Building containing between 25,001 square feet and 50,000 square feet-one space. For a Building containing in excess of 50,001 square feet-two spaces. Notwithstanding the foregoing, a lesser number of loading and unloading spaces may be provided for . a Lifestyle Center upon a determination of sufficiency by the CPDC pursuant to Section 4.3.3.12.2. j) Amend Section 6.2.3.2.3. Signs in Business-C Zoning Districts by adding the letter "a." at the beginning of the first paragraph and adding after the word "Paragraph 6.2:3.2.1." and before provided, however," the following: "and `except as otherwise provided in subparagraph b. of this Section 6.2.3.2.3." k) Amend Section 6.2.323. to add the following paragraph after the first paragraph: "b. For Lifestyle Centers, the provisions of Section 6.2.3.2.1 shall not apply. Signage in a Lifestyle Center shall be subject to review and 22 approval by the Community Planning and Development Commission as part of site plan review, applying the signage standards of Sections 4.9:5.6.1. through 4.9.5.6.4. As part of site plan review, the CPDC, may allow the following additional signage for a: Lifestyle Center: (i) Where a tenant or occupant has an additional storefront public entrance for customers located in a secondary wall (being a wall other than the wall where the primary sign is located), and the additional entrance faces a vehicle drive, parking area or pedestrian walkway, an additional sign may be permitted on the secondary.wall. (ii) In addition to building signage, a business that occupies the Lifestyle Center may have its name and/or logo on an approved canopy. (iii) If the Lifestyle Center abuts Route 95, there may be additional building signage facing that highway, provided that (a) the lumens and brightness of illumination of such signs shall be subject to approval by the CPDC; and (b) such signage shall not be higher than the top of the building on which it is located; and (c) any illumination of such signage shall be turned off between 11:00 pm and the next morning at 7:00 am; and (d) the signage identifies either the name of the Lifestyle Center or occupants in the Lifestyle Center who have a store or restaurant of at least 5,000 square feet. (iv) A free-standing sign may be allowed on a separate lot if that lot is within the Business C District." (v) Additional signage on the front of the buildings may be allowed in sole discretion of the CPDC. 1) Amend Table 6.2:3., Signs Permitted According to Zoning District by adding a reference to a new note "(G)" after "Business-C" in the heading "Business-A, Business-C and Industrial Zoning District:". The revised heading of the second Section of Table 6.23. shall read as follows: "Business-A, Business-C(G) and Industrial Zoning District:" m) Amend Table 6.2.3. by.adding after Note "(F)" the following new note (G): "(G) Lifestyle Centers shall be subject to the provisions. of Section 6.2.3.2.3 (b), and.shall not be restricted by the limitations set forth in the above Table 6.2.3." or take any other action with respect thereto. By Petition ARTICLE 27 To see if the Town will vote pursuant to Section 2-6 of the Reading Horne 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 2 Kevin T. Flanagan Precinct 3 John T. O'Connor Precinct 4 Priscilla D. Hollenbeck Precinct 5 Paul A. Kelley Precinct 7 Pasquale M. lapicca Board of Selectmen 23 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 4, 2006, the date set for the Election in said Warrant, and to publish this Warrant in a newspaper published in the Town, or by mailing an attested copy of said Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of holding said meeting. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 28th day of February, 2006. Camille W. Anthony, Chairman Richard W. Schubert, Vice Chairman J ep G. Duffy,. Secret James E. Bonazoli en foya ?SELECTMEN O ADING Co W. orter, C stable 24