HomeMy WebLinkAbout2009-11-30 Special Town Meeting WarrantCOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on QE�p�er 27, 2009 notified and warned the
inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the
place and at the time specified by posting attested copies of this Town Meeting Warrant
in the following public places within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2 Peter Sanborn Place, 50 Bay State Road
Precinct 3 Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Austin Preparatory School, 101 Willow Street
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Wood End School, 85 Sunset Rock Lane
The date of posting being not less than fourteen (14) days prior to November 30, 2009,
the date set for the Special Town Meeting in this Warrant.
Alan Ulrich, Constable
A true copy. Attest:
(A l
Laura Gemme, Town Clerk
SPECIAL TOWN MEETING
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and
Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland
Road, in said Reading, on Monday, November 30, 2009, at seven - thirty o'clock in the
evening, at which time and place the following articles are to be acted upon and
determined exclusively by Town Meeting Members in accordance with the provisions of
the Reading Home Rule Charter.
ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town
Accountant, Treasurer - Collector, Board of Assessors, Director of Public Works, Town
Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement
Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees,
Community Planning & Development Commission, Conservation Commission, Town
Manager and any other Board or Special Committee.
Board of Selectmen
ARTICLE 2 To choose all other necessary Town Officers and Special
Committees and determine what instructions shall be given Town Officers and Special
Committees, and to see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of funding Town Officers
and Special Committees to carry out the instructions given to them, or take any other
action with respect thereto.
Board of Selectmen
ARTICLE 3 To see if the Town will vote to amend the FY 2010 — FY 2019,
Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule
Charter, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 4 To see if the Town will vote to amend one or more of the votes
taken under Article 14 of the April 27, 2009 Annual Town Meeting relating to the Fiscal
Year 2010 Municipal Budget, as amended under Article 4 of the November 9, 2009
Subsequent Town Meeting, and see what sum the Town will raise by borrowing or
transfer from available funds, or otherwise, and appropriate as the result of any such
amended votes for the operation of the Town and its government, or take any other
action with respect thereto.
Finance Committee
ARTICLE 5 To see if the Town of Reading will vote to amend the Zoning By-
Laws and Zoning Map by adding to Section 4.0, Use Regulations, a new Section 4.12.
entitled Downtown Smart Growth District (DSGD) to read as follows:
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4.12. DOWNTOWN SMART GROWTH DISTRICT ( "the DSGD ")
- 4.12.1 Purposes
The purposes of the Downtown Smart Growth District are:
(1) To provide an opportunity for residential development and to especially
encourage mixed -use development, including both new construction and
renovation of existing buildings, within a distinctive, attractive and livable
environment that supports the commercial revitalization of Downtown Reading.
(2) To promote continuing development and redevelopment in Downtown Reading
that is pedestrian friendly and consistent with Reading history and architecture.
(3) To ensure high quality site planning, architecture and landscape design that
enhances the distinct visual character and identity of Downtown Reading and
provides an environment with safety, convenience and amenity.
(4) To provide for a diversified housing stock at a variety of costs within walking
distance of services and public transportation, including affordable housing and
other housing types that meet the needs of the Town's population.
(5) To generate positive tax revenue for the Town, and to benefit from the financial
incentives provided by Mass. Gen. Laws Ch. 40R, while providing the
opportunity for new business growth and additional local jobs.
(6) To encourage preservation and rehabilitation of historic structures and
buildings.
(7) To promote efficient use of land and existing parking supply and limit
expansion within the district by encouraging shared parking.
(8) To encourage adoption of energy efficient building practices and sustainable
construction methods.
(9) To ensure compliance with the Massachusetts Department of Environmental
Protection stormwater management policies and practices.
4.12.2 Definitions
As used in this Article, the following terms shall have the meanings set forth below:
ACCESSORY BUILDING — A detached building the use of which is customarily
incidental and subordinate to that of the principal building or buildings and which is
located on the same lot. An Accessory Building shall not be used to house people,
domestic animals or livestock, nor shall it be used as an independent commercial
enterprise. An Accessory Building located within 10 feet of a principal building shall
be subject to the dimensional requirements applicable to the principal building.
AFFORDABLE HOMEOWNERSHIP UNIT — A dwelling unit required to be sold to an
Eligible Household per the requirements of this Section 4.12.
AFFORDABLE HOUSING RESTRICTION — A deed restriction of an Affordable Unit
meeting statutory requirements in Mass. Gen. Laws Ch.184 §31 and the
requirements of §4.12.10 of this Article.
AFFORDABLE RENTAL UNIT – A dwelling unit required to be rented to an Eligible
Household per the requirements of §4.12.10.
AFFORDABLE UNIT – The collective reference to Affordable Homeownership Units
and Affordable Rental Units.
ANNUAL UPDATE – A list of all approved and currently proposed Smart Growth
Districts within the Town of Reading, to be filed on or before July 315' of each year
with the Massachusetts Department of Housing and Community Development
pursuant to Mass. Gen. Laws Ch. 40R and applicable regulations.
APPLICANT – A landowner or other petitioner who files a plan for a Development
Project subject to the provisions of this Section 4.12.
APPROVING AUTHORITY (AA) – The Community Planning and Development
Commission (CPDC) of the Town of Reading acting as the authority designated to
review projects and issue approvals under this Section 4.12.
AA REGULATIONS – The administrative rules and regulations adopted by the AA
pursuant to Section 4.12.11.
AS -OF -RIGHT DEVELOPMENT – A. Development Project allowable under this
Section 4.12 without recourse to a special permit, variance, zoning amendment, or
other form of zoning relief. A Development Project that is subject to the Plan Review
requirement of this Section 4.12 shall be considered an As -of -right Development.
CONSUMER SERVICES – A barber shop, dry cleaning or laundry establishment,
photographer's shop or studio or similar business where service is provided directly
on the premises.
DESIGN STANDARDS – The document entitled Downtown Smart Growth District
Design Standards and Guidelines, dated October 2, 2009 and approved by the
Massachusetts Department of Housing and Community Development on October 31,
2009, as amended, pursuant to Mass. Gen. Laws Ch. 40R § 10 and applicable
regulations. Said Design Standards shall be applicable to all Development Projects
within the DSGD that are subject to Plan Review by the Approving Authority.
DEVELOPMENT PROJECT or PROJECT – A residential or mixed use development
undertaken under this Section 4.12. A Development Project shall be identified as
such on the Plan which is submitted to the Approving Authority for Plan Review.
DWELLING UNIT — A structure or a portion of a structure containing in a self
sufficient and exclusive manner facilities for sleeping, bathing, and cooking, including
one full kitchen and full bathroom facilities as defined by the Massachusetts State
Building Code.
ELIGIBLE HOUSEHOLD – An individual or household whose annual income is
below eighty percent (80 %) of the area -wide median income as determined by the
United States Department of Housing and Urban Development (HUD), adjusted for
household size, with income computed using HUD's rules for attribution of income to
assets.
FAMILY — One (1) or more persons occupying a dwelling unit as a single house-
keeping unit. Domestic employees may be housed on the premises without being
counted as a family or families.
FLOOR AREA, NET — The actual occupied area of a building or buildings not
including hallways, stairs, mechanical spaces and other non - habitable spaces, and
not including thickness of exterior or interior walls.
FLOOR AREA, GROSS — The sum of the gross areas of all floors of a building,
measured from the exterior faces of the exterior walls or from the centerline of walls
separating two buildings. Gross floor area does not include the following:
1) Basement space having at least one -half the floor -to- ceiling height below
grade, rated as non - habitable by applicable building code.
2) Accessory parking (i.e., parking that is available on or off -site that is not part of
the use's minimum parking standard).
3) Attic space having a floor -to- ceiling height less than seven feet, rated as non -
habitable by applicable building code.
4) Exterior balconies.
5) Uncovered steps, landings, and ramps.
6) Inner courts open to the sky.
HOUSEHOLD INCOME, MEDIAN — The median income, adjusted for household
size, as reported by the most recent information from, or calculated from regulations
promulgated by, the United States Department of Housing and Urban Development
(HUD).
INSTITUTIONAL USE — A non - profit or
church, library, public or private school,
structure or land, used for public purpose.
quasi - public use or institution, such as a
municipally owned or operated building,
MIXED -USE DEVELOPMENT PROJECT — A Development Project containing a
residential Principal Use and one or more Non - Residential, Secondary Uses as
specified in Section 4.12.5.1, provided that, in newly constructed buildings, separate
and distinct building entrances are provided for residential and non - residential uses.
MONITORING AGENT — An entity designated by the Reading Board of Selectmen,
which may be the Reading Housing Authority or other qualified housing entity, with
the power to monitor and to enforce compliance with the provisions of this By -Law
related to Affordable Units, including but not limited to computation of rental and
sales prices; income eligibility of households applying for Affordable Units;
administration of an approved housing marketing and resident selection plan; and
recording and enforcement of an Affordable Housing Restriction for each Affordable
Unit in the DSGD (See Section 4.12.10.6).
MULTI- FAMILY RESIDENTIAL — A building containing four or more residential
dwelling units designed for occupancy by the same number of families as the
number of dwelling units.
NON - RESIDENTIAL USE — Office, Retail, Restaurant, Service or Institutional Use,
inclusive, or some combination of the same.
OFFICE — A place for the regular performance of business transactions and
services, generally intended for administrative, professional and clerical activities,
including a medical or dental office or health clinic.
PLAN = A plan depicting a proposed Development Project for all or a portion of the
Downtown Smart Growth District and which is submitted to the Approving Authority
for its review and approval in accordance with the provisions of this Section 4,12.
PLAN APPROVAL — The Approving Authority's authorization for a proposed
Development Project based on a finding of compliance with this Section 4.12 and
Design Standards after the conduct of a Plan Review.
PLAN REVIEW — The review procedure established by this Article and administered
by the Community Planning and Development Commission of the Town of Reading
as the Approving Authority.
RESTAURANT — Any business establishment principally engaged in serving food,
drink, or refreshments, whether prepared on or off the premises provided, however,
that drive through windows are not allowed.
RESIDENTIAL USE — A building or part of a building containing Dwelling Units as
defined herein above and parking that is accessory to the Dwelling Units.
RETAIL USE — Business establishments selling goods and /or services to customers
on -site, generally for end use personal, business or household consumption. A
reasonable amount of storage consistent with Massachusetts Building Codes of said
goods shall also be assumed to be an incidental part of Retail Use.
SMART GROWTH DISTRICT — An Overlay Zoning District adopted pursuant to
Mass. Gen. Laws Ch. 40R, in accordance with the procedures for zoning adoption
and amendment as set forth in Mass. Gen. Laws Ch. 40A and approved by the
Department of Housing and Community Development pursuant to Mass. Gen. Laws
Ch. 40R and applicable regulations.
UNDERLYING ZONING — The zoning requirements adopted pursuant to Mass. Gen.
Laws Ch. 40A that are otherwise applicable to the geographic area in which the
DSGD is located, as said requirements may be amended from time to time.
UNDULY RESTRICTIVE A provision of a Smart Growth District or a Design
Standard that adds unreasonable costs or unreasonably impairs the economic
feasibility of proposed Development Projects in a Smart Growth District.
UNRESTRICTED UNIT — A Dwelling Unit that is not restricted as to rent, price or
eligibility of occupants.
USE, ACCESSORY — A use subordinate to the Principal Use on the same lot or in
the same structure and serving a purpose customarily incidental to the Principal Use,
and which does not, in effect, constitute conversion of the Principal Use of the lot,
site or structure to a use not otherwise permitted in the Smart Growth District.
USE, PRINCIPAL — The main or primary purpose for which a structure, building, or
lot is designed, arranged, licensed, or intended, or for which it may be used,
occupied, or maintained under this Section 4.12.
USE, SECONDARY — A use located on the same lot as a Principal Use but which is
of equal or lesser scale, impact, and visibility than the Principal Use. A Secondary
Use is not an Accessory Use, as it is largely independent from the Principal Use.
4.12.3 Scope and Authority
The Downtown Smart Growth District is established pursuant to the authority of
Mass. Gen. Laws. Ch. 40R and applicable regulations, and shall be deemed to
overlay the parcels as shown on the Zoning Map of the Town of Reading, as
amended. The Applicant shall have the option of applying for Plan Approval pursuant
to the zoning controls set forth in this Article or complying with all applicable zoning
controls set forth in the Zoning By -Laws of the Town of Reading for the underlying
district(s) or for other overlay zoning that may be therein defined. Development
Projects proceeding under this Article shall be governed solely by the provisions of
this Article and shall be deemed exempt from the standards and /or procedures of the
Underlying Zoning and other overlay provisions.
4.12.4 Establishment and Delineation of the DSGD
The Downtown Smart Growth District is an overlay district that is superimposed over
the Underlying District. The boundaries are delineated as the "Downtown Smart
Growth District" on the Official Zoning Map of the Town of Reading on file in the
office of the Town Clerk, said map hereby made a part of the Reading Zoning By-
Law.
4.12.5 Allowed and Prohibited Uses
Any use not listed herein as an Allowed Use is deemed prohibited.
4.12.5.1 Allowed Uses
The following uses shall be permitted as -of -right in the DSGD upon Plan Approval
pursuant to the provisions of this article:
(1) Multi- family Residential
(2) Office*
(3) Retail*
(4) Restaurant*
(5) Institutional*
(6) Consumer Service*
*Only as part of a Mixed -Use Development; see Section 4.12.7 below
In addition to the allowed uses listed above, the following uses are permitted as -of-
right for Development Projects within the DSGD subject to the requirements of this
Article.
(6) Parking accessory to any of the above permitted uses, including surface,
garage- under, and structured parking
(7) Accessory uses customarily incidental to any of the above permitted principal
uses
4.12.5.2 Prohibited Uses
The following uses are prohibited in the DSGD:
(1) Any use which regularly emits strong odors, or dust particles, or smoke, or
poses danger, such as manufacture of acids, gases, fertilizers and glue,
petroleum refining, reduction of animal matter, and manufacture of cement,
gypsum, or explosives.
(2) Any other use dangerous to persons within or outside the District by reason
of emission of odor, fumes, gases, particulate matter, smoke, noise, vibration,
glare, radiation, electrical interference, threat of fire or explosion, or any other
reason.
(3) Any use that degrades water quality, reduces groundwater recharge, or
increases flooding are prohibited.
4.12.6 Dimensional and Other Requirements
Applications for Plan Approval shall be governed by this Section 4.12 and the Design
Standards for the Downtown Smart Growth District.
Building Type
Mixed -Use with
Commercial 1St
Floor
Other Mixed -Use
or Residential Only
Maximum Floor Area Ratio (FAR)
(Gross Floor Area / Lot Size)
3.4
2.4
Minimum Lot Frontage
50 feet
Maximum Lot Coverage
N/A
Minimum Lot Area
N/A
Number of Buildings per lot
N/A
Maximum Building Frontage
300 feet
E:3
Minimum Front Setback
0 feet
Maximum Front Setback'
10 feet
Minimum Side /Rear Setback 2
15 feet
abutting a Residential Zone
Minimum Side /Rear Setback 2
0 feet
in DSGD or abutting Business-13
Interior Setback (between
15 feet
buildings on same lot)
' See 7. 1.1 of the Design Standards for front fagade setback requirements
2 See 7.1.2 of the Design Standards for building step -back requirements
4.12.6.1 Residential Density Allowances
The following residential densities shall be allowed on all lots and within all buildings
within the DSGD pursuant to the requirements of this Section 4.12:
Multifamily Residential 20 Units per acre
(a) The Approving Authority may provide a waiver as specified in Section 4.12.12
to allow a density in excess of that stated above.
(b) The Approving Authority may provide a waiver as specified in Section 4.12.12
to promote the renovation or adaptive reuse of existing buildings.
4.12.6.2 Dimensional Standards and Requirements
The following building heights shall be allowed on all lots within the DSGD, pursuant
to the requirements of this Section 4.12:
Multifamily Residential Buildings 33 Feet
Multifamily Residential Buildings with 45 Feet
Commercial Uses on the Ground Floor
4.12.6.3 Contiguous Lots
In the DSGD, where two or more lots are contiguous or are separated by a right -of-
way, such lots may be considered as one lot for the purpose of calculating maximum
lot coverage; parking requirements; minimum useable open space; and dwelling
units per acre.
4.12.6.4 Age- Restricted Housing Units
An Applicant may propose a Residential or Mixed -Use Development Project in which
all dwelling units are designed for or are accessible to the elderly or the handicapped
under all applicable laws and regulations, provided that not less than twenty -five
percent (25 %) of the housing units in any such Development Project shall be
Affordable Units. All such Development Projects shall be governed by the
requirements of this Section 4.12 and the Design Standards.
4.12.7 Mixed -Use Development
Development Projects may include a portion not to exceed 50% of the total gross
floor area to be used for non - residential uses including Office, Retail, Restaurant,
Service or Institutional Uses; provided that office or institutional uses on the ground
floor may not utilize more than 33% of the total gross square footage of that floor.
4.12.8 Off - Street Parking and Loading
4.12.8.1 Off - Street Parking
Retail stores, offices and consumer service establishments located within three
hundred (300) feet of a public off - street parking facility shall be exempt from off -
street parking requirements. In all other cases, off - street parking shall be provided to
meet the following minimum requirements:
Retail or Restaurant
Office and Institutional
Residential Units
Other Non - Residential, less than 2,000 ft
Other Non - Residential, 2,000 ft or more
leaseable space in excess of 2,000 ft
0 spaces
2 spaces per 1,000 ft.
1 space per unit
0 spaces
1 space per 2,000 ft.
As indicated above, off - street parking is not required for Other Non - Residential uses
in the district unless such use exceeds 2,000 square feet of net floor area.
4.12.8.2 Off - Street Loading & Delivery
Front door and on- street deliveries are not allowed for non - residential establishments
on Main and Haven Streets. Off - street loading spaces shall be provided to meet or
exceed the following minimum requirements:
Restaurant: 1 space per 2,000 ft.
leaseable space in excess of 2,000 ft.
Other allowed Secondary Use: 1 space per 5,000 ft.
leaseable space in excess of 2,000 ft.
The Approving Authority may waive the loading space requirement if the Applicant
provides a plan proving that the loading space is not needed or can be shared.
4.12.8.3 Location of Parking
Any surface parking lot shall, to the maximum extent feasible, be located at the side
or rear of a building, relative to any public right -of -way, public open space, or
pedestrian way. In no case shall surface parking for new construction be permitted
within the required front yard setbacks.
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4.12.8.4 Waiver of Parkina Reauirements
The Approving Authority may grant a Plan Approval making such modifications in the
standards or prescribe safeguards and conditions as it shall warrant appropriate,
provided that it finds that it is impractical to meet the standards and that such
modifications are appropriate by reason of the proposed use and will not result in or
worsen parking or traffic problems in the DSGD. The Approving Authority may
impose conditions of use or occupancy appropriate to such modifications.
4.12.8.5 Shared Use of Required Parking
Shared use may be made of required parking spaces by intermittent use
establishments, for example, churches, assembly halls or theaters, whose peak
parking demand is only at night or on specific days of the week; by other uses whose
peak demand is only during the day; or in public parking lots. At the time of
application, a formal agreement shall be made in writing by the owners of the uses
involved concerning the number of spaces involved, substantiation of the fact that
such shared use is not overlapping or in conflict, and the duration of the agreement.
The applicant shall demonstrate that shared spaces will meet parking demands by
using accepted methodologies (e.g., the Urban Land Institute Shared Parking
Report, ITE Shared Parking Guidelines, or other industry established studies on
shared parking).
4.12.8.6 Cooperative Establishment and Operation of Parking Areas
Required spaces for any number of uses may be provided in a combined lot or lots
(public or private), provided that the number of spaces in the combined facility shall
not be less than the sum of those required of the individual uses, with allowances
made, upon formal designation, for night use or for separate and distinct working
shifts, and provided also that such lot or lots shall be within 600 feet of the principal
buildings served.
4.12.8.7 Visitor Parking
The Approving Authority may allow for additional visitor parking beyond the minimum
required spaces per unit if deemed appropriate given the design, layout and density
of the proposed Development Project.
4.12.8.8 Parking Design
Parking shall be designed and constructed to comply with all applicable disability
access requirements including but not limited to the Americans with Disabilities Act
(ADA) and 521 CMR.
4.12.9 Open Spaces and Recreational Areas
The site design for Development Projects may include common open space and
facilities. Where proposed, the plans and any necessary supporting documents
submitted with an application for Plan Approval within the DSGD shall show the
general location, size, character, and general area within which common open space
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or facilities will be located. The plans and documentation submitted to the Approving
Authority shall include a description of proposed ownership and maintenance
provisions of all common open space and facilities and, if requested by the
Approving Authority, any necessary restrictions or easements designed to preserve
the open space and recreational areas from future development. Upon consideration
of the above information, the Approving Authority may approve a waiver as provided
for in Section 4.12.12 for a front setback to allow for common open space or
facilities.
4.12.10 Affordable Housing
Affordable Units shall comply with the following requirements:
(1) The monthly rent payment for an Affordable Rental Unit, including utilities and
parking, shall not exceed thirty percent (30 %) of the maximum monthly
income permissible for an Eligible Household, assuming a Family size equal
to the number of bedrooms in the unit plus one, except in the event of an
Eligible Household with a Section 8 voucher in which case program rent limits
shall apply.
(2) For an Affordable Homeownership Unit the monthly housing payment,
including mortgage principal and interest, private mortgage insurance,
property taxes, condominium and /or homeowner's association fees,
insurance, and parking, shall not exceed thirty percent (30 %) of the maximum
monthly income permissible for an Eligible Household, assuming a Family
size equal to the number of bedrooms in the unit plus one.
(3) Affordable Units required to be offered for rent or sale shall be rented or sold
to and occupied only by Eligible Households.
4.12.10.1 Number of Affordable Units
Twenty percent (20 %) of all dwelling units constructed in a Development Project
shall be Affordable Units. Provided however, for Development Projects in which all
of the dwelling units are limited to occupancy by elderly persons and /or by persons
with disabilities, twenty -five percent (25 %) of the dwelling units shall be Affordable
Units, whether the dwelling units are Rental Units or Ownership Units.
4.12.10.2 Fractional Units
When the application of the percentages specified above results in a number that
includes a fraction, the fraction shall be rounded up to the next whole number if the
fraction is 0.5 or more. If the result includes a fraction below 0.5, the fraction shall be
rounded down to the next whole number.
4.12.10.3 Design and Construction
Affordable Units must be dispersed throughout a Development Project and be
comparable in initial construction quality and exterior design to the Unrestricted
Units. However, nothing in this section is intended to limit a homebuyer's rights to
renovate a Dwelling Unit under applicable law. The Affordable Units must have
access to all on -site amenities. Affordable Units shall be finished housing units.
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All Affordable Units must be constructed and occupied not later than concurrently
with construction and occupancy of Unrestricted Units. In Development Projects that
are constructed in phases, Affordable Units must be constructed and occupied in
proportion to the number of units in each phase of the Development Project.
4.12.10.4 Unit Mix
The total number of bedrooms in the Affordable Units shall be at least proportionate
to the total number of bedrooms in all units of the Project of which the Affordable
Units is part.
4.12.10.5 Affordable Housing Restriction
Each Affordable Unit shall be subject to an Affordable Housing Restriction which is
recorded with the County Registry of Deeds or Land Court Registry District of the
County. All Affordable Housing Restrictions must include, at minimum, the following:
(a) A description of the Affordable Homeownership Unit, if any, by address and
number of bedrooms; and a description of the overall quantity and number of
bedrooms and number of bedroom types of Affordable Rental Units in a
Development or portion of a Development which are rental. Such restriction
shall apply individually to the specifically identified Affordable
Homeownership Unit and shall apply to a percentage of rental units of a
rental Development or the rental portion of a Development without specific
unit identification.
(b) The term of the Affordable Housing Restriction which shall be in perpetuity or
for the longest period customarily allowed by law but shall be no less than
thirty (30) years.
(c) The name and address of the Monitoring Agent with a designation of its
power to monitor and enforce the Affordable Housing Restriction.
(d) Reference to a housing marketing and resident selection plan, to which the
Affordable Unit is subject, and which includes an affirmative fair housing
marketing program, including public notice and a fair resident selection
process. If approved by DHCD, the housing marketing and selection plan
may provide for local preferences in resident selection. The plan shall
designate the household size appropriate for a unit with respect to bedroom
size and provide that preference for such unit shall be given to a household of
the appropriate size.
(e) A requirement that buyers or tenants will be selected at the initial sale or
initial rental and upon all subsequent sales and rentals from a list of Eligible
Households compiled in accordance with the housing marketing and
selection plan.
(f) Reference to the formula pursuant to which rent of a rental unit or the
maximum resale price of a homeownership unit will be set.
(g) A requirement that only an Eligible Household may reside in an Affordable
Unit and that notice of any lease or sublease of any Affordable Unit shall be
given to the Monitoring Agent.
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(h) Provision for effective monitoring and enforcement of the terms and
provisions of the Affordable Housing Restriction by the Monitoring Agent.
(i) Provision that the restriction on an Affordable Homeownership Unit shall run
in favor of the Monitoring Agent and the Town of Reading, in a form approved
by municipal counsel, and shall limit initial sale and re -sale to and occupancy
by an Eligible Household.
(j) Provision that the owner(s) or manager(s) of Affordable Rental Unit(s) shall
file an annual report to the Monitoring Agent, in a form specified by that agent
certifying compliance with the provisions of this Section 4.12.10 and
containing such other information as may be reasonably requested in order to
ensure affordability.
(k) Provision that the restriction on Affordable Rental Units in a rental Project or
rental portion of a Project shall run with the rental Project or rental portion of a
Project and shall run in favor of the Monitoring Agent and the Town of
Reading, in a form approved by municipal counsel, and shall limit rental and
occupancy to an Eligible Household.
(1) A requirement that residents in Affordable Units provide such information as
the Monitoring Agent may reasonably request in order to ensure affordability.
(m) Designation of the priority of the Affordable Housing Restriction over other
mortgages and restrictions.
4.12.10.6 Administration
The Monitoring Agent shall ensure the following (See Section 4.12.2 Definitions):
(a) Prices of Affordable Homeownership -Units are properly computed; rental
amounts of Affordable Rental Units are properly computed.
(b) Income eligibility of households applying for Affordable Units is properly and
reliably determined.
(c) The housing marketing and resident selection plan conforms to all
requirements and is properly administered.
(d) Sales and rentals are made to Eligible Households chosen in accordance
with the housing marketing and resident selection plan with appropriate unit
size for each household being properly determined and proper preference
being given.
(e) Affordable Housing Restrictions meeting the requirements of this section are
recorded with the Middlesex County Registry of Deeds or Land Court
Registry District of Middlesex County.
In the case where the Monitoring Agent cannot adequately carry out its
administrative duties, upon certification of this fact by the Approving Authority or by
the Department of Housing and Community Development, the administrative duties
shall devolve to and thereafter be administered by a qualified housing entity
designated by the Reading Board of Selectmen.
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4.12.10.7 Costs of Housing Marketing and Selection Plan
The housing marketing and selection plan shall make provision for payment by the
owner of reasonable costs to the Monitoring Agent and the owner shall pay
reasonable costs to the Monitoring Agent to develop, advertise, and maintain the list
of Eligible Households and to monitor and enforce compliance with affordability
requirements.
4.12.11 Plan Approval Procedures
The Approving Authority (AA) shall adopt and file with the Town Clerk Administrative
Regulations relative to the application requirements and contents for Plan Review,
subject to approval by the Massachusetts Department of Housing and Community
Development. Plan approval procedures shall be as follows:
4.12.11.1 Pre - Application Requirements
Prior to the submittal of a Plan for Plan Approval, a "Concept Plan" may be submitted
to help guide the development of the definitive submission for project build out. Such
Concept Plan shall reflect the following:
(a) Overall building envelope areas
(b) Open space and natural resource areas
(c) General site improvements, drainage plans, groupings of buildings and
proposed land uses
(d) Anticipated parking spaces and locations
(e) Site vehicular access
The Concept Plan is intended to be used as a tool for both the Applicant and the
Approving Authority to ensure that the proposed Project design will be consistent
with the Design Standards and other requirements of the DSGD.
4.12.11.2 Application Procedures
All Projects are subject to Plan Approval.
(1) Submittal
An application for Plan Approval shall be submitted to the AA on the form
provided by the Authority, along with the application fees set forth in the
administrative regulations. The application shall be accompanied by such plans
and other documents as required by the AA as well as any materials required to
verify compliance with any of the provisions of this Section. 4.12. All plans shall
be prepared by certified architects or engineers as required by the
Massachusetts Building Code.
An application for Plan Approval shall be filed by the Applicant with the Town
Clerk. A copy of the application, including the date of filing certified by the Town
Clerk, as well as the required number of copies of the application, shall be filed
forthwith by the Applicant with the AA. Application submissions must include a
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hard copy as well as an electronic copy in PDF or CAD format. Said filing shall
include any required forms provided by the AA. As part of any application for
Plan Approval for a Development Project, the Applicant must submit the following
documents to the AA and the Monitoring Agent:
• Evidence that the Development Project complies with the cost and eligibility
requirements of Section 4.12.10;
• Development Project plans that demonstrate compliance with the design and
construction standards of Section 4.12.10.3; and
• A form of Affordable Housing Restriction that satisfies the requirements of
Section 4.12.10.5.
• Review Fees: The Applicant shall be required to pay for reasonable
consulting fees to provide peer review of the application for the benefit of the
Approving Authority. Such fees shall be held by the Town of Reading in an
interest - bearing escrow account, and shall be used only for expenses
associated with the use of outside consultants employed by the Approving
Authority in reviewing the Plan application. Any surplus funds remaining after
the completion of such review, including any interest accrued, shall be
returned to the Applicant forthwith;
(3) Circulation to Other Boards
Upon receipt of the application, the AA shall immediately provide a copy of the
application materials to all relevant municipal Boards, Departments,
Commissions, Officials as determined by the AA and, if the project is subject to
Affordability requirements, the Monitoring Agent. These entities shall provide
any written comments within 60 days of receipt of the plan and application.
(4) Public Hearing
The Approving Authority shall hold a public hearing and review all applications
according to the procedure specified in Mass. Gen. Laws Ch. 40A § 11
(5) Criteria for Plan Approval
The Approving Authority shall approve the Development Project upon the
following findings:
a. The Applicant has submitted the required fees and information as set forth in
applicable Regulations; and
b. The proposed Development Project as described in the application meets all
of the requirements and standards set forth in this Section 4.12, applicable
Design Standards and the AA regulations, or a waiver has been granted
there from; and
c. Any extraordinary adverse potential impacts of the Project on nearby
properties have been adequately mitigated.
For a Project subject to Affordability requirements, compliance with Condition b.
above shall include written confirmation by the Monitoring Agent that all
Affordability requirements have been satisfied.
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(6) Criteria for Plan Denial
A Plan Approval application may be disapproved only where the Approving
Authority finds that:
a. The applicant has not submitted the required fees and information as set forth
in the regulations; or
b. The Project as described in the application does not meet all the
requirements and standards set forth in this Section 4.12, applicable Design
Standards and the AA Regulations, or that a required waiver there from has
not been granted; or
c. It is not possible to adequately mitigate significant project impacts on nearby
properties by means of suitable conditions.
(7) Time Limit
The decision of the AA shall be made, and written notice of the decision filed
with the Town Clerk within 120 days of receipt of the Application by the Town
Clerk. This time may be extended by mutual agreement between the AA and
the Applicant by written agreement filed with the Town Clerk. Failure of the AA
to take action within said 120 days or the extended time shall be deemed an
approval of the Plan Approval application.
4.12.12 Waivers
Upon request of the Applicant, the Approving Authority may waive dimensional and
other requirements, including design standards, with conditions, in the interests of
design flexibility and overall project quality, and upon a finding of consistency of such
variation with the overall purpose and objectives of the DSGD and the Reading
Master Plan, or if it finds that such waiver will allow the project to achieve the density,
affordability, mix of uses and /or physical character allowed under this Section 4.12.
Notwithstanding anything to the contrary in this Zoning By -Law, the Affordability
provisions of Section 4.12.10 shall not be waived. The Approving Authority will take
into consideration the following items when considering a waiver:
1) High performance energy efficient buildings and construction methods.
2) Projects with publicly accessible open space.
3) Projects that include retail and restaurants located on street level.
4) A demonstrated shared parking initiative that makes efficient use of land and
existing parking supply.
5) The preservation or rehabilitation of historic properties or other buildings
considered significant to the Town.
4.12.13 Plan Changes After Approval by Approving Authority
4.12.13.1 Minor Plan Changes
After Plan Approval, an Applicant may apply to make minor changes in a
Development Project involving minor utility or building orientation adjustments, or
minor adjustments to parking or other site details that do not affect the overall
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buildout or building envelope of the site, or provision of open space, number of
housing units, or housing need or affordability features. Such minor changes must be
submitted to the Approving Authority on redlined prints of the approved plan,
reflecting the proposed change, and on application forms provided by the Approving
Authority. The Approving Authority may authorize such changes at any regularly
scheduled meeting, without the need to hold a public hearing. The Approving
Authority shall set forth any decision to approve or deny such minor change by
motion and written decision, and provide a copy to the Applicant for filing with the
Town Clerk.
4.12.13.2 Major Plan Changes
Those changes deemed by the Approving Authority to constitute a major change in a
Development Project because of the nature of the change in relation to the prior
approved plan, or because such change cannot be appropriately characterized as a
minor change as described above, shall be processed by the Approving Authority as
a new application for Plan Approval pursuant to this Section 4.12.
4.12.14 Fair Housing Requirement
All Development Projects within the DSGD shall comply with applicable federal, state
and local fair housing laws.
4.12.15 Project Phasing
The Approving Authority may allow a Project to be phased at the request of the
applicant or to mitigate any extraordinary adverse impacts on nearby properties. For
projects that are approved and developed in phases, the proportion of Affordable
-units shall be consistent across all phases and the proportion of Existing Zoned Units
to Bonus units (as those terms are defined in 760 CMR 59.00 shall be consistent
across phases.
4.12.16 Decisions
The Approving Authority shall issue to the applicant a copy of its decision containing
the name and address of the owner, identifying the land affected and the plans that
were the subject of the decision and certifying that a copy of the decision has been
filed with the Town Clerk. If 20 days have elapsed after the decision has been filed
with the Town Clerk without an appeal having been filed, or if such appeal having
been filed is dismissed or denied, the Town Clerk shall so certify on a copy of the
decision. A copy of said decision shall be filed with the Middlesex South District
Registry of Deeds.
A Plan Approval shall remain valid and run with the land indefinitely, provided that
construction has commenced within two years after the decision is issued, which
time shall be extended by the time required to adjudicate an appeal and which time
shall be extended if the project proponent is actively pursuing other required permits
or there is other good cause for failure to commence. The Approving Authority may
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require the posting of a performance bond to secure and /or screen a Development
Project site in the event that demolition is undertaken but subsequent work lapses,
for any reason within or outside the applicant's control, for a period longer than one
year.
4.12.17 Date of Effect
The effective date of this By -Law shall be the date on which such adoption is voted
upon by Town Meeting pursuant to the requirements of Section 5 of Chapter 40A of
the General Laws and Chapter 40R of the General Laws; provided, however, that an
Applicant may not proceed with construction pursuant to this By -Law prior to the
receipt of final approval of this By -Law and accompanying Zoning Map by both the
Department of Housing and Community Development and the Office of the
Massachusetts Attorney General.
4.12.18 Severability
If any provision of this Section is found to be invalid by a court of competent
jurisdiction, the remainder of this Section shall not be affected but remain in full force.
The invalidity of any provision of this Section 4.11 shall not affect the validity of the
remainder of the Town's Zoning By -Law.
4.12.19 Amendments to Design Standards
The AA may adopt, by majority vote, amendments to the Design Standards. Any
amendment to the Design Standards must be objective and not subjective and may
only address the scale and proportions of buildings, the alignment, width, and grade
of streets and sidewalks, the type and location of infrastructure, the location of
building and garage entrances, off street parking, the protection of significant natural
site features, the location and design of on -site open spaces, exterior signs, and
buffering in relation to adjacent properties. DHCD may, at its discretion, require any
amendment to the Design Standards to contain graphics illustrating a particular
standard or definition in order to make such standard or definition clear and
understandable.
Before adopting any Design Standard, the AA shall submit the proposed Design
Standard to DHCD for approval. Any amendment to the Design Standards shall not
take effect until approved by DHCD and filed with the Town Clerk.
An application for Plan Approval that has been submitted to the Town Clerk pursuant
to this Section 4.12 shall not be subject to any Design Standard that has not been
approved by DHCD and filed with the Town Clerk.
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And to see if the Town will vote to amend the Zoning Map of the Town of Reading as
follows:
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or take any other action with respect thereto.
Community Planning and Development Commission
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and you are directed to serve this Warrant by posting an attested copy thereof in at least
one (1) public place in each precinct of the Town not less than fourteen (14) days prior to
November 30, 2009, the date set for the meeting in said Warrant, and to publish this
-' Warrant in a newspaper published in the Town, or providing in a manner such as
electronic submission, holding for pickup or mailing, an attested copy of said Warrant to
each Town Meeting Member.
Hereof fail not and make due return of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said meeting.
Given under our hands this 20th day of 0
C - - /' V� 2 -, z--
Ald n Ulrich, Constable
21
Camille vv. Hntnony, jecretary
Richard 0 �/ (A4
W. Schubert
ANOF A. Goldy
SELECT EADING