HomeMy WebLinkAbout1988-11-28 Special Town Meeting Warrant273
SPECIAL TOWN MEETING
(Seal).
COMMONWEALTH OF MASSACHUSETTS
November 28, 1988
Middlesex, ss.
To either of the constables of the Town of Reading,
Greetings:
In the name of the Commonwealth of Massachusetts you are
hereby required to notify and warn the inhabitants of the Town of
Reading, qualified to vote in elections and Town affairs, to meet
at the Reading Memorial High School Auditorium, 62 Oakland Road
in said Reading, on. Monday, November 28, 1988, at seven-thirty
o'clock in the evening, at which time and place the following ar-
ticles are to be acted upon and determined exclusively by Town
Meeting Members in accordance with the provisions of the Reading
Home Rule Charter.
ARTICLE 3 To hear and act on the reports of the Board of
Selectmen, Town Accountant, Treasurer-Collector, Board of Asses-
sors, Director of Public Works, Town Clerk, Tree Warden, Board of
Health, School Committee, Contributory Retirement Board, Library
Trustees, Municipal Light Board, Finance Committee, Cemetery
Trustees, Community Planning & Development Commission, Town
Manager and any other Boards or Special Committees.
Board of Selectmen
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 Of-
ficers 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 what sum the Town will raise by borrowing
or transfer from available funds, or otherwise, and appropriate
for additional funding for Unemployment Benefits, such appropria-
tion to be added to the sum previously appropriated by Town Meet-
ing under line item 107 of Article 9 at the adjourned Annual Town
Meeting of April 28, 1988, or take any other action with respect
thereto.
Board of Selectmen
ARTICLE 4 To see what sum the Town will raise by borrow-
ing, or transfer from available funds, or otherwise, and ap-
propriate for non-personal expenses for the Conservation Division
of the Community Development Department, such appropriation to be
added to the sum previously appropriated by Town Meeting under
line item 4 of Article 9 at the adjourned Annual Town Meeting of
April 25, 1988, or take any other action with respect thereto.
Conservation Commission
ARTICLE 5 To see if the Town will vote to amend the Reading
Zoning By-Laws by inserting as Section 4.10. the text of said
Section set forth in "Reading Planned Residential Development
By-Law, dated November 1, 198811, copies of which have been dis-
tributed to all Town Meeting Members and made available for
public inspection at the offices of the Town Clerk, Town Manager,
and the Community Development Department, at the Reading Public
Library, and at this Meeting; or to take any other action with
respect thereto.
Community Planning and Development Commission
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Special Town Meeting
November 28, 1988
READING PLANNED RESIDENTIAL DEVELOPMENT BY-LAW
November 1, 1988
4.10. Planned Residential Development (PRD)
4.10.1. Purpose:
The purpose of the Planned Residential District (PRD) is to per-
mit integrated high-quality 'residential developments with vari-
able densities while permitting preservation of open space and
natural features, allowing reduced infrastructure and site
development costs, to promote a greater diversity of housing op-
portunities within the Town while respecting and enhancing the
existing character of the Town and of the neighborhood, and to
promote attractive standards of appearance and aesthetics consis-
tent with that character.
4.10.2. Planned Residential District as an Overlay District:
A PRD Zoning District shall take the form of an overlay district
covering any part of an existing residential 5-10 or A-80 Zoning
District on the Reading zoning map. The PRD Zoning District
shall be applied to a specific parcel or parcels only through
specific action by Town Meeting in a manner identical to that
required to effect any other change or amendment to the Reading
Zoning Map.
For any land subject to a PRD Overlay District a Developer may
choose to conform either to the zoning regulations which govern
the underlying district or to the PRD overlay regulations and
procedures set forth by this Section, the specific provisions of
which shall supersede all other provisions in the Zoning By-Laws
with respect to the underlying district including, without
limitation, use, intensity, dimensions, parking, signage and site
plan review; however, the provisions of any other overlay dis-
trict shall continue to apply.
4.10.2.1. Definitions:
The following terms shall have for the purposes of this PRD By-
Law the meanings hereby assigned to them:
Developer: one or more entities proposing together to develop a
Planned Residential Development parcel.
Existing: in existence at the time of filing a complete Prelimi-
nary PRD Plan submission.
Floor Area Ratio (or "FAR"): in a PRD, the ratio of total gross
building floor area in a PRD to the area of the development par-
cel. Gross floor area shall be measured from outside wall sur-
faces and shall include ground floor areas of interior atriums
and lobbies, and mechanical and utility spaces on habitable
floors; but shall exclude rooftop space, balconies, elevator
pits, or non-habitable areas enclosed by ornamental roofs.
Structured parking shall not be counted in the determination of
Floor Area Ratio. Areas classified as wetlands in MGL Chapter
131 Section 40 or Reading General By-Laws Article XXXII, may not
exceed ten percent of the development parcel area eligible to be
used in any computation of FAR.
Height: the vertical distance from the average grade around the
perimeter of a building to the top of a flat roof, including any
parapet, or to a point halfway between the bottom of an eave and
the top of a ridge of a sloped roof.
Major Street: a street used for through access and carrying traf-
fic volumes of greater than 10,000 vehicles per average day.
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November 28, 1988
Minor Street: a street used primarily for access to abutting
properties or carrying traffic volumes of less than 10,000
vehicles per average day.
PRD By-Law: Section 4.10. of the Reading Zoning By-Laws including
all subsections thereof.
Site: the development parcel upon which a PRD is proposed.
Structured Parking: in a PRD, a parking garage, or all or part of
building floors above or below grade to be used for automobile
parking.
4.10.3. Special Permit for Planned Residential Development:
The Community Planning and Development Commission (11CPDC11), as
the Special Permit Granting Authority, shall have the authority
to grant a Special Permit to construct a Planned Residential
Development (PRD) by a vote of at least four members of the five-
member CPDC. The CPDC shall evaluate proposed PRD projects and
require,all such projects to conform to the Planned Residential
Development requirements, standards, and guidelines set forth in
sections 4.10.4. and 4.10.5. to ensure that the benefits to the
Town of a proposed project outweigh any adverse impacts before
granting a special Permit. The CPDC shall adopt and from time to
time may amend regulations for the review of PRD Developments and
for the submission of PRD Plans as provided in MGL Chapter 40A
Section 9.
The CPDC shall interpret all provisions of this PRD By-Law and
all definitions and regulations pertinent thereto and shall
provide such interpretations upon request by an applicant for a
Special Permit to construct a PRD.
4.10.3.1. Overview of Special Permit Process:
A Developer choosing to develop a PRD in a PRD Overlay District
shall apply for a Special Permit with the CPDC. The Special Per-
mit Process shall include:
Pre-Application Conference (optional)
Preliminary PRD Plan Review
Final PRD Plan Review
4.10.3.2. Pre-application Conference:
Prior to the submission of an application for a Special Permit,
the Developer at his/her option may confer with the CPDC and/or
its staff and other applicable Town staff to obtain information
and guidance before entering into binding commitments or incur-
ring substantial expense in the preparation of plans and other
submittal documents.
At the Pre-application Conference the CPDC, its representatives,
and other appropriate Town officials may discuss with the
Developer the Developer's intentions, development concept and op-
tions, and CPDC's requirements with respect to the proposed PRD;
such discussions may include the PRD application and review
process, issues and scope of relevant studies that should be con-
sidered in planning the project, including specific submission
items such as appropriate vantage points for visual analysis and
the extent of the traffic study area.
Any statement made at the Pre-application Conference by the CPDC,
its representatives, Town staff, or the Developer concerning the
potential disposition of a Special Permit application or the
final form of the development shall not be legally binding.
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Special Town Meeting November 28, 1988
4.10.3.3. Preliminary Plan:
A Developer who wishes to apply for a Special Permit to construct
a PRD shall submit to the CPDC an application including a
Preliminary PRD Plan submission for the entire proposed project.
If the Developer of the PRD comprises more than one entity, all
participating entities shall be signatories to the Special Permit
application.
Two copies of the Preliminary PRD Plan shall remain available to
the public during the application process and shall be located in
the office of the.Community Development Department and the Read-
ing Public Library. Any three-dimensional model of the proposed
project as may be required in the CPDC's regulations shall be
displayed at a suitable public building within the Town.
4.10.3.3.1. Application for Preliminary Approval:
The Preliminary PRD Plan shall include complete sets of written,
quantitive, and graphic materials in the appropriate number ac-
cording to the PRD Plan Submission and Development Regulations
duly adopted by the CPDC and in effect at the time of submission.
The official date of application shall be filed with the Town
Clerk only after all materials have been received and certified
complete by the CPDC or its authorized agent.
4.10.3.3.2. Submission Fee:
The CPDC shall require a submission fee sufficient to cover con-
sultant,fees and any other costs associated with reviewing and
processing the required PRD submissions. The fee amounts shall
be as specified in the CPDC's "Fee Schedule for Site Plan Review
Process" or in a fee schedule for PRD review specifically adopted
and amended by CPDC from time to time.
4.10.3.3.3. Contents of Preliminary PRD Plan Submission:
All Preliminary PRD Plan submissions shall be made in conformance
with said PRD Plan Submission and Development Regulations in ef-
fect at the time of preliminary submission.
4.10.3.3.4. Town Review:
Between the date a Developer submits a complete application for a
Special Permit to construct a PRD and the date of the first
Public Hearing, CPDC may require the distribution of the Prelimi-
nary PRD Plan for review to Town departments, elected and ap-
pointed boards and commissions, and such professional planning,
architectural, and engineering consultants as the CPDC deems ap-
propriate. All comments on the Preliminary PRD Plan shall be
submitted in writing to the CPDC no later than five days before
the scheduled date of the first Public Hearing. All written com-
ments shall be made part of the public record on the application
for a Special Permit and shall remain a public record.
4.10.3.3.5. Public Hearing on Preliminary Plan:
Within sixty-five days of the date of the filing with the Town
Clerk of an application that has been certified as complete in
accordance with section 4.10.3.3.1. of this By-Law, the CPDC
shall hold a Public Hearing. The purpose of the Public Hearing
shall be to solicit public comments concerning the Preliminary
PRD Plan. .
4.10.3.3.6. Action on Preliminary Plan:
Within twenty-one days after the close of said Public Hearing,
the CPDC shall make a determination concerning the Preliminary
PRD Plan. If the CPDC approves the Preliminary PRD Plan or con-
ditionally approves it subject to modifications, then the
Developer shall submit a Final PRD Plan, as specified in section
4.10.3.3.8. If the CPDC disapproves the Preliminary PRD Plan,
then the application for the Special Permit shall be denied, and
the CPDC shall state in writing its reasons for such disapproval.
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Special Town Meeting November 28, 1988
If the CPDC makes no decision within the specified time limit,
then the Preliminary PRD Plan shall be considered approved, and
the Developer may prepare a Final PRD Plan based thereon.
4.10.3.3.7. Public Improvements Compensation:
When reviewing a Developer's Preliminary PRD Plan, the CPDC shall
analyze the proposed PRD to determine what if any extraordinary
public improvements, including off-site improvements, are neces-
sary to accommodate or service the project. The Developer shall
be required by the CPDC to provide such improvements at no cost
to the Town, or alternatively, to offset completely the expense
of such improvements if provided by the Town; in the latter case,
the CPDC shall estimate the costs of these improvements to be
borne by the Developer based on estimates furnished to the CPDC
by an engineering consultant to the CPDC and/or by the Director
of the Reading Department of Public Works.
4.10.3.3.8. Submission of Final Plan:
The Final PRD Plan shall be a definitive plan of the proposed
development with design sufficiently developed to provide the
basis for CPDC's review and determinations regarding the
proposal's satisfaction of the requirements, standards, and
guidelines of this PRD By-Law, and shall conform to the submis-
sion and content requirements specified in sections 4.10.3.3.3.
and 4.10.3.3.9. The Final Plan shall be consistent with the ap-
proved Preliminary PRD Plan except for changes by amendment or in
accordance with conditions attached to the CPDC's approval of the
Preliminary PRD Plan, and shall satisfy all such conditions. The
Developer shall submit a Final PRD Plan no later than 59 days
after the close of the Public Hearing referred to in section
4.10.3.3.5. Failure to submit the Final PRD Plan within the
specified time period shall result in a termination of the ap-
plication for a PRD Special Permit.
The Developer shall submit complete sets of all plans and all ac-
companying material as specified in subsection 4.10.3.3.9. in ac-
cordance with the procedure set forth in section 4.10.3.3. Two
copies of the Final PRD Plan shall remain available to the public
during the application process and shall be located in the office
of the Community Development Department and in the Reading Public
Library.
Any three-dimensional model of the proposed project as may be
required in CPDC's regulations shall be displayed in a suitable
public building within the Town.
4.10.3.3.9. Contents of Final PRD Plan Submission:
All Final PRD Plan submissions shall be made in conformance with
said PRD Plan Submission and Development Regulations in effect at
the time of final submission.
4.10.3.3.10. Amendments:,
Additions or amendments to the approved Preliminary PRD Plan
shall be determined solely by CPDC as either major or minor as
defined below. The CPDC shall have the entire, exclusive, and
final discretion to determine whether a proposed change con-
stitutes a minor or a major amendment, and its decision shall be
conclusive. Minor additions or amendments shall be authorized by
written approval of the CPDC.
Major additions or amendments shall be considered as original
items to the Preliminary PRD Plan application and shall be
grounds for reconsideration of the approved Preliminary PRD Plan
and shall be reviewed subject to the procedures specified in sec-
tions 4.10.3.3.1. to 4.10.3.3.6. inclusive. Denial of a major
addition or amendment shall not constitute disapproval or
modification of the previously approved Preliminary PRD Plan.
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Special Town Meeting November 28, 1988
4.10.3.3.10.1. Minor Amendments:
Minor amendments are additions or changes which do not, in the
determination of the CPDC, substantially alter the concept of the
PRD, as reflected in the approved Preliminary or Final PRD Plan,
as appropriate, in terms of floor area ratio, use, height, provi-
sion of open space, or layout or other physical relationships of
the elements of the development. Minor amendments shall include,
but not necessarily be limited to, the following: small changes
in floor area, mix of uses, site coverage, height, setbacks, or
open space; small changes in the location of buildings, open
space, or parking; or small changes in the alignment of minor
streets and ways on the site.
4.10.3.3.10.2. Major Amendments:
Major amendments represent substantial additions, deletions, or
deviations, as determined by the CPDC, from the PRD concept as
previously approved by the CPDC. Major amendments shall include;
but not necessarily be limited to, the following: large changes
in floor area, mix of uses, site coverage, height, setbacks, or
open space; large changes in the location of buildings, open
space, or parking; or large changes in the circulation system,
including number and location of access ways.
4.10.3.3.11. Public Hearing and Decision on Final Plan:
Within sixty-nine days after the close of the Public Hearing
referred to in section 4.10.3.3.5., the CPDC shall hold a Public
Hearing to consider issuance of a Special Permit to construct a
PRD in accordance with the Final PRD Plan. Approval of the Spe-
cial Permit shall be granted upon determination by the CPDC that
the Final PRD Plan conforms with and meets the requirements,
standards, and guidelines set forth in this PRD By-Law in a man-
ner consistent with the approved Preliminary PRD Plan, and con-
tains all revisions required by the CPDC in its conditional ap-
proval of said Plan. The CPDC may grant the Special Permit with
conditions consistent with its approval of the Preliminary PRD
Plan, and the conditions shall be agreed to in writing by the
Developer before the Special Permit is granted. If not granting
a Special Permit to construct a PRD, the CPDC shall make its
final decision in writing and shall specify its reasons for
denial. If CPDC makes no decision within ninety days after the
close of the Public Hearing referred to in section 4.10.3.3.5.,
then the Final PRD Plan shall be considered approved and the Spe-
cial Permit to construct a PRD in accordance with the submitted
Final PRD Plan shall be deemed granted.
4.10.3.3.12. Amendments to Final Plan:
After approval by the CPDC of the Special Permit to construct a
PRD, the Developer may seek amendments to the Final PRD Plan.
Such amendments shall be determined solely by the CPDC to be
minor or major. Minor amendments, as defined in section
4.10.3.3.10.1., shall be authorized by written approval of the
CPDC. Major amendments, as defined in section 4.10.3.3.10.2.,
shall be grounds for reconsideration of the Special Permit to
construct a PRD and shall be reviewed as if it were an entirely
new PRD Plan, that is, in accordance with the procedures
specified in sections 4.10.3.3.1 to 4.10.3.3.11. inclusive.
Denial of any proposed major amendment shall not invalidate the
Special Permit to construct a PRD in conformance with the pre-
viously approved Final PRD Plan.
4.10.3.3.13. Development Schedule:
The Developer shall begin construction of the PRD within twenty-
four months of the date of the granting of the Special Permit
(or, if applicable, following appeal as provided in MGL Chapter
40A, Section 9) in reasonable conformance, as defined solely by
the CPDC, with the development schedule submitted with the Final
PRD Plan. The CPDC shall grant in writing an extension of this
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Special Town Meeting
November 28, 1988
time period of up to an additional twenty-four months upon deter-
mination by CPDC of good cause. If the Developer fails to com-
mence construction of the PRD.within _twenty-four months plus any
approved extension period, the Special Permit shall lapse and be
deemed null and void.
4.10.3.3.14. Phased Development:
If a phased development is proposed by the Developer, the Final
PRD Plan shall contain all required written, quantitative, and
graphic information as specified in Section 4.10.3.3.9. for
evaluating the proposed PRD as a whole and to serve as a basis
for granting the Special Permit, plus a final development
schedule for the completion of the PRD indicating the proposed
dates and scope of work to be accomplished in each phase. Site
improvements may be phased only in conformity with the phasing
schedule included in the approved Final PRD Plan, and only to the
extent that all requirements, standards, and guidelines of this
PRD By-Law are met in each phase. The initial phase shall in-
clude at a minimum the on-site and off-site improvements neces-
sary for one or more buildings and may, at the Developer's op-
tion, include one or more buildings.
Deviations, deletions, additions, or changes from or to the ap-
proved Final PRD Plan in any phase shall be designated a minor or
major amendment, as defined in sections 4.10.3.3.10.1 and
4.10.3.3.10.2., to the Final PRD Plan by the CPDC and treated as
such in accordance with section 4.10.3.3.12.
If the PRD is to be developed in phases, the Developer shall
begin the construction of each phase in accordance with the ap-
proved development and phasing schedule; however, the CPDC shall
grant additional extensions in the timing of phases for up to
twenty-four months each as minor amendments to the Final PRD
Plan, upon the CPDC's determination of good cause. If the
Developer fails to commence construction of a PRD phase within
the specified time limit for that phase, including any approved
extension period, said failure shall be deemed a major amendment
to the Final PRD Plan, and the phase at issue and all subsequent
phases which depend upon said phase for their construction and
operation in conformance with the Final PRD Plan shall be reap-
proved in accordance with section 4.10.3.3.12.
4.10.3.3.15. Conformity with PRD Plan and Special Permit:
The CPDC shall include as a condition to all Special Permits
granted for the construction of PRD's that no construction of a
PRD or any phase thereof may be authorized until the CPDC has
reviewed and approved a Design Submission for work to be done.
The Design Submission shall include architectural, site, and
landscape design documents, sufficiently developed, as determined
by the CPDC, to permit review of conformance to the Final PRD
Plan and Special Permit conditions, in accordance with the PRD
Plan Submission Regulations established by the CPDC. If deemed
necessary by the CPDC, a Public Hearing may be held for the
review of any Design Submission. Design submissions shall be
reviewed by the CPDC solely for conformity with the Final PRD
Plan, with Special Permit conditions, and, only to the extent not
already reviewed and approved, with the requirements, standards,
and guidelines applicable to the construction of the phase in
question.' If the CPDC makes no decision upon a Design Submission
within ninety days of its positive determination as to the suf-
ficiency and completeness of the Design Submission, said special
Permit condition shall be deemed to be satisfied regarding said
PRD or phase thereof.
The CPDC shall adopt regulations or impose conditions as part of
a Final PRD Plan approval requiring one or more of the following
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Special Town Meeting November 28, 1988
in amounts and durations sufficient to guarantee that all commit-
ments in the approved PRD Plan to provide public improvements or
to take other actions are properly completed: performance bonds,
deposit of money or negotiable securities with the Town, or a
satisfactory agreement with a lending institution to retain funds
pending completion of such improvements or actions.
If, for any PRD or phase thereof, the CPDC finds that either the
Developer has failed to begin development within the bpecified
time period, including any approved extension period, or that the
Developer is not proceeding in conformity with the Special Per-
mit, then the CPDC may, after sixty days from written notice (and
any additional period which the CPDC may deem necessary so as to
provide the Developer reasonable opportunity to cure any
deficiencies), revoke the Special Permit as it applies to the
phase of construction at issue, and/or require that the Developer
amend the Final PRD Plan subject to the procedures specified in
section 4.10.3.3.12. If the CPDC revokes the Special Permit for
the PRD then the Final PRD Plan shall be null and void as it ap-
plies to the phase of construction at issue and all subsequent
phases which depend upon said phase for their construction or
operation in conformance with the Final PRD Plan. The provisions
of this paragraph are additional to the Reading Zoning Enforce-
ment Officer's powers of enforcement under the Reading Zoning By-
Laws and Massachusetts State Law.
Upon satisfaction of all applicable Special Permit conditions,
the CPDC shall issue a Certificate of Compliance for one or more
PRD phases as appropriate. No Certificate of occupancy shall be
issued for a given PRD phase until a Certificate of Compliance
has been so issued.
4.10.4. Use and Dimensional Requirements:
The following specifies the basic use and dimensional require-
ments which shall be adhered to in all PRD developments within
each PRD Overlay District and which shall be used by CPDC in
evaluating each PRD proposal:
4.10.4.1. Parcel Size:
The minimum size of any PRD development parcel shall be eight (8)
acres. A development parcel may consist of land in more than one
ownership, provided that all lots comprising the parcel lie en-
tirely within a PRD Overlay District and are contiguous.
Proposed PRD developments may include pre-existing buildings
provided that all PRD requirements are satisfied by each new or
existing building and by the PRD as a whole. More than one prin-
cipal building may be located on the parcel.
4.10.4.2. Permitted Uses:
Only residential uses, parking (including structured parking) to
accommodate this use, and open space are permitted within a PRD,
with the exception that a common facility for use by the resi-
dents of the PRD and their guests exclusively may be provided for
the following uses:
indoor meeting, social, :activity, or recreational
rooms,
common dining and kitchen,
office only for the administration of the PRD,
maintenance, storage, and recreational facilities or
spaces solely for servicing the PRD.
4.10.4.2.1. Required Low- and Moderate-Income Housing:
Any PRD development shall contain or provide off-site in a manner
acceptable to the Reading Housing Authority a minimum of ten per-
cent of its total units (both on-site and off-site) affordable to
low-income, moderate-income, or elderly households in per-
petuity.
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Special Town Meeting
November 28, .198:8
4.10.4.3. Intensity of Development:
For all PRD developments, the following basic intensity factors
shall apply:
- maximum coverage of the parcel by the aggregate ground
area of all buildings: 15%
- maximum floor area ratio: 0.70
- minimum separation between buildings: 50 feet
- maximum building height: 60 feet, not to exceed six
stories '
- minimum setbacks as measured between bounds of the par-
cel and any portion of any building or structure: 60
feet in all directions
- parking: 1.75 spaces per residential unit
- loading and unloading: one space per building, except
that CPDC at its discretion and in accordance with sec-
tion 4.10.5.4. may allow fewer spaces
- maximum number of dwelling units per gross area of land
contained within the parcel shall be based upon the un-
derlying zoning district as follows:
- S-10 and A-80: 20 dwelling units per gross acre'
4.10.4.3.1. Increased Development Intensity and Height:
The basic intensity and height factors specified in section
4.10.4.3. may be increased to the following levels if the CPDC
finds that a proposed provision of public improvements or
amenities by the Developer would result in substantial benefit to
the Town and the general public:
maximum floor area ratio: 0.88
maximum building height: 80 feet, not to exceed eight
stories
maximum number of dwelling units per gross acre of'land_
contained within the parcel, based on the underlying
zoning district:
S-10 and A-80: 25 dwelling units per gross acre
The aforementioned improvements or amenities which CPDC may con-
;
sider in granting some amount of increased intensity and height
shall include one or more of the following, provided that, in the
estimation of the CPDC, the benefit to be derived from the
proposed improvements or amenities shall be commensurate with.the
amount of increased intensity or height allowed:
significant improvement of the environmental quality or
condition of the site and its surrounding. areas, in-
cluding a decrease in runoff,
provision of or contribution to off-site public
facility improvements beyond those necessary to
mitigate the effects of the proposed development which
improvements would enhance the general condition of the
surrounding areas and the Town,
dedication of open space or recreational facilities-for
use by the general public,
active cooperation by the Developer with other owners
in the vicinity to develop and achieve district-wide
and adjacent neighborhood improvement goals and objec-
tives,
provision of public art, distinctive and appropriate
design, or other amenities which would provide unique
advantages to the general public or contribute to
achieving Town-wide goals and objectives,
provision of low- or moderate-income or elderly housing
within the PRD in conformance with this PRD By-Law
and/or off-site in a manner acceptable to the Reading
Housing Authority in excess of the amount required in
section 4.10.4.2.1.
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Special Town Meeting November 28, 1988
4.10.5. Development Standards:
All PRD developments shall conform to the following development
standards:
4.10.5.1. Screening:
Within the required setbacks, landscaping shall be provided so as
to provide effective screening of the PRD from visibility from
abutting properties. To the,greatest extent practical, existing
natural vegetation shall be preserved and enhanced. Except as
necessary for vehicular access, natural grades and contours
within these setbacks shall not be altered in any manner, and no
parking, loading and unloading space, or any other physical im-
provement shall be made. All plantings shall be properly in-
stalled and maintained.
4.10.5.2. Shadows:
Between 9 AM and 3 PM (EST) from February 21 to October 21, no
building may cast a shadow on any residential structure in exist-
ence at the time of Preliminary PRD Plan submission.
4.10.5.3. Open Space:
A minimum of 25% of the PRD parcel shall be devoted to open
space, completely devoid of any structure, or parking, loading
and unloading space or accessway thereto, or as private yards,
patios, or gardens for the exclusive or principal use by resi-
dents of individual dwelling units. To the greatest extent pos-
sible such open space shall be left in its undisturbed natural
condition or developed so as to be appropriate, in size, shape,
dimension, location, and character to assure its use as a park,
recreational area, and visual amenity for the development and its
residents.
In evaluating the suitability and quality of the open space
proposed to be provided, the CPDC shall apply the following
standards:
Usability: other than wetlands, floodplains, and water
bodies, including the normal water surface area of
detention ponds, which may count for up to twenty-five
percent of a PRD project's required open space area,
all open space must have a surface which is adequately
drained and permits active and passive recreational
use. Such surface may include any combination of
grass, plant materials, wood, or paving materials which
allow pedestrian and recreational use. No open space
shall be considered usable if the slope of the finished
grade exceeds ten percent.
Location: the nearest part of the open space shall not
be more than 300 feet walking distance from any build-
ing it is proposed to serve.
Size and shape: no open space shall be considered
usable unless it has a minimum area of 1000 square feet
and no dimension less than twenty-five feet.
Structures and facilities: all usable open space shall
be open to the sky, and may include unroofed facilities
such as tennis courts, swimming pools, or similar
recreational facilities.
4.10.5.4. Site Circulation and Parking:
Site circulation shall meet accepted standards for private
automobiles, service vehicles, and emergency vehicles. It is
highly desirable to consolidate access to a PRD in a small number
of widely spaced principal access points, which may be driveways
or Town-accepted side streets within or adjacent to the PRD Over-
lay District. Principal access should be consolidated in as few
locations as possible and, if feasible, it is desirable for ad-
jacent developments to share principal access. Principal access
points should be spaced and aligned or alternated according to
28,3,
'.Special Town Meeting
November 28, 1988
good traffic engineering practice, and should be signalized if
necessary.
Parking stall size shall be in accordance with the Reading Zoning
By-Laws and shall be landscaped in accordance with section
4.10.5.5.5. A minimum of five percent of the gross area of each
parking lot shall be devoted to interior landscaped areas, of as
uniform a distribution as practicable throughout the parking lots
and planted intensively with trees and taller shrubs.
Roadways and drives within a PRD shall be constructed in confor-
mance with standards established by the Reading Department of
Public Works, whether to be dedicated to the public or to be
retained in private ownership. The design of the overall cir-
culation pattern shall be prepared in accordance with the prin-
ciples and concepts established in "Recommended Practices for
Subdivision Streets" prepared by the Institute of Traffic En-
gineers (1965) or such other standard as accepted by the CPDC
through duly adopted regulation.
All on-site and off-site improvements, which include the instal-
lation of utilities, public' lighting, sewers, and other public
improvements shall be constructed in accordance with the stand-
ards of the Reading Department of Public Works and other ap-
propriate departments.
The provisions of section 6.1. of the Reading Zoning By-Laws not-
withstanding, a minimum of one off-street loading and unloading
space per building shall be provided in a suitable location, and
the determination as to whether any lesser number of off-street
loading and unloading spaces are allowed shall be determined by
the CPDC as part of its review and approval of the Preliminary
PRD Plan.
4.10.5.5. Design Quality:
Project design shall be reviewed by CPDC with input from Town of-
ficials, any review consultant(s) employed by the CPDC, and
others as appropriate. The following in this section are to be
interpreted as guidelines to be applied flexibly by the CPDC and
as appropriate to the situation under review, including factors
such as foundation and soil characteristics and other extraordi-
nary site constraints. These guidelines apply to all site im-
provements and buildings and structures:
4.10.5.5.1. Building Placement:
Provide and preserve attractive views from major vantage
points, especially from major thoroughfares and residential
neighborhoods,
Avoid regular spacings and building placements that will be
viewed as continuous walls from important vantage points,
which may be identified in a PRD Pre-Application Conference.
4.10.5.5.2. Building Massing/Articulation:
- Avoid unbroken building facades longer than 100 feet,
- Provide human-scale features, especially at lower levels,
- Avoid unarticulated and monotonous building facades and win-
dow placement.
4.10.5.5.3. Roofline Articulation:
Provide a variety of building heights and varied roofline
articulation,
Locate taller buildings away from major streets and off-site
single-family residential areas.
284
Special Town Meeting
November 28, 1988
4.10.5.5.4. Building Materials:
Use materials and building treatments that reduce the
visibility of buildings from distant vantage points and that
are compatible with backgrounds and surroundings,
Use materials and colors compatible with other quality
buildings of similar scale in the vicinity.
4.10.5.5.5. Landscaping:
All open 'areas within a PRD should be landscaped in an ap-
propriate manner, utilizing both natural and man-made
materials such.as grass, trees, shrubs, attractive paving
materials and outdoor furniture;,`-
- Deciduous trees should be placed along new and existing
streets and ways,
- Outdoor lighting should be considered in the landscaping
plan and should be designed to complement both man-made and
natural elements of the PRD and adjacent areas,
- Intensive, high-quality landscaping should be provided
within the PRD where it abuts major streets, existing
residential areas, and along internal drives,
- Parking lots should use landscaping and terracing to break
up large areas of pavement and to enhance a residential
flavor and appearance; trees and shrubs should be used to
the maximum extent feasible.
4.10.5.5.6. Pedestrian Amenities:
Emphasize pedestrian-oriented features such as covered
walkways, pergolas, outdoor sitting plazas, landscaped open
space, drop-off areas, and recreational facilities,
Tree-lined or otherwise appropriately landscaped pedestrian
paths and walkways should link together areas designated as
open space within the site and wherever possible to adjoin-
ing-public areas.
4.10.5.6.7. Utilities:
To the maximum extent feasible, all utilities should be lo-
cated underground.
4.10.5.6.8. Signage:
At each principal entrance to the site, one sign only shall
be permitted, of a maximum signboard area of twelve (12)
square feet, with content limited to identifying the name
and address of the development. Within the development,
signs, not to exceed one-square-foot each, of a number and
location to be approved as part of the PRD Plans, may be
permitted for the sole purposes of orientation and direc-
tion, and of identifying common building spaces
4.10.5.7. Environmental Standards and General Development
Guidelines:
In addition to conforming to the Use and Dimensional Requirements
governing PRD Overlay Districts, approval of the Special Permit
to construct a PRD shall be granted only upon determination by
the CPDC that a proposed PRD satisfies the following criteria.
In any disapproval of a PRD, the CPDC shall state in writing the
specific reasons for its finding that the proposed PRD does not
satisfy one or more of these criteria. Mitigation measures
proposed by the Developer, at no cost to the Town, shall be con-
sidered in making these determinations.
(1) That the proposed PRD conforms as appropriate to existing
policy plans established by the Town Meeting, the Board of
Selectmen, and the CPDC for the specific area of the Town in
which the PRD is proposed to be located;
28 5
Special Town Meeting November 28, 1988
(2) That there is no significant adverse effect under any of the
following:
(a) quality of site design, building design, and landscap-
ing as they affect occupants of the proposed develop-
ment, the PRD Overlay District, adjacent residential
districts, and the Town as a whole,
(b) traffic flow and safety in the context of this and
other proposed developments in the PRD Overlay District
and sensitive neighboring areas, which maybe iden-
tified in the scope of a State Environmental Impact
Report and/or in a Pre-Application Conference,
(c) water quality, air quality, wetlands, and the natural
environment,
(d) provision of open space,
(e) adequacy of utilities and other public works and impact
on existing public facilities within the'Town, and
(f) potential fiscal impact to the Town of Reading.
(3) That approval of the proposed PRD provides benefits to the
Town which outweigh all adverse effects, as evaluated under
the above criteria.
4.10.5.7.1 Environmental Standards:
A PRD shall conform in each phase to all applicable federal,
state, and local laws and regulations (including all such regula-
tions established by the U.S. Environmental Protection Agency and
the Massachusetts Department of Environmental Quality
Engineering) regarding the environment, including those concern-
ing noise, air quality, wetlands, water quality, runoff and ero-
sion control, and protection from flooding.
4.10.5.7.2. Significant Traffic Impact:
The CPDC may not approve a proposed PRD development which in its
opinion has significant adverse traffic impact, as determined
following examination by the CPDC of the Developer's traffic
analysis and any other traffic analysis of the affected area
available to the CPDC which is germane to the proposed PRD
development. In making its determination, the CPDC shall con-
sider the feasibility of any capacity improvements and mitigating
measures proposed to be provided by the Developer at no cost to
the Town. In making such determinations, the full traffic impact
of all other Preliminary or Final PRD Plans shall be considered,
regardless of project phasing. Without limitation, the deter-
mination of significant adverse impact shall consider traffic
volumes, speeds, affect on pedestrian safety and access, and
resulting levels of service on residential streets, approaches to
the site of the proposed PRD, and other key locations, all of
which may be identified in a Pre-Application conference.
4.10.5.7.3. Control of Runoff and Flooding:
The Developer shall demonstrate that, as compared with the situa-
tion that would exist on the site without the development, no
phase of the proposed PRD will result in an increase in the peak
rate of storm runoff at the parcel boundary for the PRD as a
whole for the 25-, 50-, and 100-year design storms, and that
there will be no net loss in flood storage capacity for the 100-
year design storm. In making such determinations, any state or
local orders or requirements of applicable Wetlands Protection
Laws or By-Laws shall be assumed in the calculations of runoff
and flood storage without the PRD, but alternative forms of
development shall not be assumed.
In addition, the Developer will demonstrate that any adverse ex-
isting off-site runoff and erosion conditions or off-site runoff
and erosion conditions which would result from the development of
the PRD are fully.identified and that workable and acceptable
2.8
Special Town Meeting November 28, 1988
mitigation measures are proposed as part of the Preliminary and
Final PRD Plans.
To assist in its evaluation of any PRD Plans, the CPDC may
require the Developer to submit said plans to the Reading Conser-
vation Commission for review and recommendations to the CPDC.
4.10.6. Residents Association:
In order to ensure that common open space and common facilities
within the development will be properly maintained, each PRD
development shall have a Residents Association, which shall be in
the form of a corporation, non-profit organization, or trust, es-
tablished in accordance with appropriate state law by
a suitable legal instrument or instruments recorded at the Mid-
dlesex South Registry of Deeds or Registry District of the Land
Court. . As part of the Final PRD Plan submission, the Developer
shall supply to the CPDC copies of such proposed instrument,
which shall at a minimum provide the information required by said
PRD Plan Submission and Development Regulations in effect at the
time of Final PRD Plan submission.
ARTICLE 6 To see if the Town will vote to amend the Reading
Zoning By-Laws by inserting at the end of Section 3.1. Districts.
a new line with entries under each column heading as follows:
Type Full Name Short Name
"Overlay Planned Residential PRD10
Development
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 7 To see if the Town will vote to amend the Reading
Zoning By-Laws by inserting in section 4.2.2., Table of Uses, a
new line under "Residential Uses" with entries under each column
heading and with a footnote to be placed at the bottom of the
table, as follows:
PRINCIPAL USES RES RES RES BUS BUS BUS IND
S-10 A-40 A-80 A B C
5-20
5-40
"Planned Residential SPP** no
Development
**Planned Residential Development may
PRD Overlay District, which may exist
derlying Zoning District on the Zoning
SPP** no no no no
be permitted only within a
only in an S-10 or A-80 un-
Map."
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 8 To see if the Town will vote to amend the Reading
Zoning Map to establish a Planned Residential Development overlay
district, as referenced in Section 4.10.2. of the Reading Zoning
By-Laws, and to include within that overlay district the follow-
ing described property:
Beginning at a point on the northeasterly sideline of
Hopkins Street at the Reading/Wakefield Town Line;
Thence northwesterly along the northeasterly sideline of
Hopkins Street a distance of 260 feet more or less, to
the point where the common boundary between Lots 51 and
52 as shown on the Reading Assessor's Plat 13 intersects
21,87.
Special Town Meeting November 28,1988
with the sideline of Hopkins Street;
Thence northeasterly a distance of 197 feet more or
less, along the common boundary between said Lots 51 and
52, to the southerly sideline of Cedar Street as shown
on said. Assessor's Plat 13;
Thence westerly along the southerly sideline of said
Cedar Street a distance of 100 feet more or less to the
southeasterly corner of the area where Cedar Street in-
tersects with Bear Hill'Road so as to abut or incldde in
part that portion of Cedar Street which was laid out as
a public way by document number 129383, at the Land
Registration Office, Middlesex South District Registry
of Deeds;
Thence northerly across Cedar Street a distance of 50
feet more or less according to "Plan of Cedar Street,
Reading, Mass. Feb. 1934, Scale 1 in - 40 ft, Board of
Public Works, Alexander Birnie, Supt" recorded at Mid-
dlesex South District Registry of Deeds, Land Registra-
tion Office as document number 129383, to a point;
Thence easterly along the northerly sideline of Cedar
Street 200 feet more or less to the westerly sideline of
Fourth Street as shown on said Assessor's Plat 13;
Thence northerly along the westerly sideline of Fourth
Street a distance of 590 feet more or less to the north-
erly sideline of North Street;
Thence easterly along the northerly sideline of North
Street a distance of 520 feet more or less to the
easterly sideline of Sixth Street;
Thence southerly along the easterly sideline of Sixth
Street a distance of 290 feet more or less;
Thence easterly a distance of 158 feet more or less;
Thence southerly a distance of 160 feet more or less;
Thence westerly a distance of 115 feet more or less;
Thence southerly a distance of 488 feet more or less;
Thence westerly a distance of 51 feet more or less;
Thence southerly a distance of 4 feet more or less;
Thence westerly a distance of 490 feet more or less
along the Reading/Wakefield Town Line to said point of
beginning of this description.
Intending to describe all of Lots 49, 39, 40, 46, 48, 47, 50, and
51, all as shown on Reading Board of Assessors Plat 13 of 1986;
and all of Lot 3a as shown on Reading Board of Assessors Plat 14
of 1985; and including those portions of Cedar Street easterly of
Bear Hill Road, of North Street easterly of the westerly sideline
of Fourth Street, and of Fourth, Fifth, and Sixth Streets
southerly of the northerly sideline of North Street; but specifi-
cally excluding all of Lots 41, 42, 43, 44, and 45 as shown on
said Plat 13, which lots in the aggregate describe a tract of
land of dimensions of 100 feet by 250 feet more or less wholly
surrounded by the property herein described.
The above-described property constitutes that which is commonly
known as the Reading Bear Hill property or the Reading Bear Hill
Nike Site and certain abutting or near-by properties or parcels.
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 9 To see if the Town will amend the existing Reading
Zoning Map and amend the Reading Zoning By-Laws to include within
the Planned Residential District Overlay District as referenced
in Section 4.10.2. of the Reading Zoning By-Law the following
land area in Reading, Massachusetts, bounded and described as
follows:
288 J
Special Town Meeting
November 28, 14##
Land situated Northerly of land of the Town of Reading, Mas-
sachusetts and others known as "the Bear Hill" property and
"Summit Towers Condominium," being bounded and described as
follows:
Beginning at a point at the Northeasterly corner of the in-
tersection of North and Fourth Streets at the Southwesterly
corner of Lot 79 as shown on Reading Assessor's Plat 13;
Thence Northerly in a straight line along the Westerly
sideline of Lot 79 as shown on Reading Assessor's'Plat 13,
200 feet;
Thence Easterly in a straight line along the common boundary
between Lots 79 and 78 and across Fifth Street and along the
common boundary between Lots 80 and 80a and the common
boundary between Lots 82 and 81 and across Sixth Street, all
as shown on Reading Assessor's Plat 13, a distance of 480
feet, more or less;
Thence Easterly along the common boundary between Lot 18 and
Lots 13 and 12, as shown on Reading Assessor's Plat 14 a
distance of 155.29 feet;
Thence Southwesterly and Southerly in courses, a distance of
43.06 feet and 132.34 feet, along the Easterly side of said
Lot 18 and the Westerly side of "Summit Drive," so called
[said Summit Drive being a portion of Lot 3 on Assessor's
Plat 14 (Plat 14A)].
Thence Westerly along the Southerly side of said Lot 18 to
the Easterly side of Sixth Street, a distance of 152.82
feet;
Thence Westerly in a straight line, more or less, across
Sixth Street and along the Northerly sideline of North
Street and Southerly side of Lots 82 and 80 and across Fifth
Street and along the Southerly side of Lot 79, a distance of
480 feet, more or less, to the point of beginning.
Said parcel contains 2.8 acres, more or less.
Intending to include that land shown as Lots 79, 80 and 82 and
that portion of Fifth Street situated between Lot 79 and 80 and
that portion of Sixth Street situated between Lot 82 and Lot 18
(on Assessor's Plat 14), all as shown on Reading Assessor's Plat
13; and Lot 18 as shown on Reading Assessor's Plat 14.
or, take any other action with respect thereto or to see what it
will do with reference thereto.
By Petition of Property Owner
ARTICLE 10 To see if the Town will vote to amend the
taible following Section 6.1.1.3. of the Reading Zoning By-Laws by
deleting the words "of enclosed floor area used for such purpose"
wh1ere they appear under the heading "Minimum Number of Off-Street
Parking Spaces Required" for the Principal Uses "Retail Stores,
Offices, and Consumer Service Establishments" and "Industrial and
Manufacturing Establishment", and substituting therefor the words
"of gross floor area or fraction thereof"; and under the same
heading by adding the word "gross" before the words "floor area"
for the Principal Use "Office and Professional Building"; and by
substituting the words "gross floor area" for the words "floor
space" or "enclosed floor area" as appropriate for the aforemen-
tioned Principal Uses under the heading "Minimum Number of Off-
Street Loading and Unloading Spaces Required"; so that said Table
will read as follows for the aforementioned Principal Uses:
Principal Use Minimum Number of Minimum Number of
Off-Street Parking Off-Street Loading
Spaces Required and Unloading
Spaces Required
289
Special Town Meeting
Retail Stores,
Offices and
Consumer Service
Establishments
"One space for each
three hundred (300)
square feet of gross
floor area or
fraction thereof
Industrial and
Manufacturing
Establishment
Office and
Professional
Building
"One space for each
five hundred (500)
square feet of gross
floor area or fraction
thereof
"One space for each
three hundred (300)
square feet of gross
floor area or fraction
thereof
November 28, 1988
One space for each
five thousand (5000)
square feet of gross
floor space in
excess of two
thousand (2000)
square feet of gross
floor area"
One space for each
twenty-five thousand
(25,000) square feet
of gross floor area"
One space for each
twenty-five thousand
(25,000) square feet
of gross floor area"
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 11 To see if the Town will vote to amend section
2.2.12. of the Reading Zoning By-Laws by deleting the words "for
residential use", by adding the words "the outside surfaces of"
between the words "from" and "the exterior walls", and by adding
the words "so as to include the full thickness thereof" after.the
words "the exterior walls", so that said section will read as
follows:`
"2.2.12. FLOOR AREA, GROSS: the sum of the areas on the
several floors of a building or buildings measured from
the outside surfaces of the exterior walls, so as to in-_
clude the full thickness thereof."
and to amend section 2.2.12.1. of said Zoning By-Laws by
eliminating the words "shall be", by adding the words "of a
building or buildings" between the words "area" and "not", and by
adding the words "and other non-habitable spaces," between the
words "mechanical spaces" and "and not", so that said section
will read as follows:
112.2.12.1. 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 the thickness of exterior or interior
walls."
or take any other action with respect thereto.
Community Planning and Development Commission
ARTICLE 12 To see what sum the Town will raise by bor-
rowing or transfer from available funds, or otherwise, and ap-
propriate for the installation of parking meters in municipally-
owned or leased off-street parking lots, for the installation of
other devices for controlling such off-street parking lots, for
the purchase or lease of additional parking lots, the care and
maintenance of the same, and for any traffic control or traffic
safety purposes, including the institution of a permit-parking
system in municipally-owned or controlled off-street parking
lots, or take any other action with respect thereto.
Board of Selectmen
And you are directed to serve this Warrant by posting an at-
tested copy thereof in at least three (3) public places in each
290
precinct of the Town not less than fourteen (14) days prior to
November 28, 1988, the date set for the meeting in said Warrant,
and to publish this Warrant in a newspaper published in the Town,
or by mailing an attested copy of said Warrant to each Town Meet-
ing Member at least fourteen (14) days prior to the time of hold-
ing said meeting.
Hereof fail not and make due return of this Warrant with
your doings thereon to the Town Clerk at or before the time ap-
pointed for such meeting.
Given under our hands this 1st day of November, 1988.
Eugene R. Nigro, Chairman
Russell T. Graham, Vice Chairman
Mary S. Ziegler, Secretary
Paul E. Landers
John H. Russell
SELECTMEN OF READING
A true copy. Attest:
Doris M. Fantasia _
Town Clerk
291
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue.of this Warrant, I, on November 12, 1988, notified
and warned the inhabitants of the Town of Reading, qualified to
vote in elections and town affairs, to meet at the place and at
the time specified by posting attested copies of this Warrant in
the.following public places within the Town of Reading:
Precinct 1. Convenient Food Mart, 1349 Main Street
Old Hose House, 1249 Main Street
St. Athanasius Church, 300 Haverhill Street
Precinct 2. Reading Police Station, 67 Pleasant Street
Cumberland Farms, 305 Salem Street
Anton Cleaners, 47 Harnden Street
Precinct 3. Friendly Variety Store, 245 Washington Street
Reading Liquors, 345 Main Street
Wayside Bazaar, 107 Main Street
Precinct 4. Hanson's Service Station, 4 West Street
Dragon Corner Store, 206 West Street
Spence Farm Market Gardens, 40 West Street
Precinct 5. Reading Library, 64 Middlesex Avenue
B & M Railroad Station, High Street
Joshua Eaton School, 365 Summer Avenue
Precinct 6. Fire Station, 267 Woburn Street
Housing for the Elderly, 1 Frank D.Tanner
Drive
Alice M. Barrows School, 16 Edgemont Avenue
Precinct 7. Austin Preparatory School, 101 Willow Street
P & S Convenient Store, 287 Lowell Street
Town Hall, 16 Lowell Street
Precinct 8. Meadowbrook Golf Club, 292 Grove Street
Memorial High School, 62 Oakland Road
Arthur W. Coolidge Jr. High School, 89 Birch
Meadow Drive
The date of posting being not less than fourteen (14) days
prior to November 28, 1988, the date set for the meeting in this
Warrant.
I also caused an attested copy of this warrant to be pub-
lished in the Reading Chronicle in the issue of November 11,
1988.
William J. Hughes, Jr.
Constable of Reading
A true copy. Attest:
Doris M. Fantasia
Town Clerk