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2014-11-10 Subsequent Town Meeting Warrant Report
SUBSEQUENT TOWN MEETING NOVEMBER 10, 2014 TABLE OF CONTENTS Article Title Sponsor Pace 1 Reports Board of Selectmen 2 2 Instructions Board of Selectmen 2 3 Amending the Capital Improvement Program FY2015 — FY2024 Board of Selectmen 3 4 Approve Payment of Prior Year's Bills Board of Selectmen 4 5 Amend the FY2015 Budget Finance Committee 4 8 Roadway Easement — Walker's Brook Bus Shelter Board of Selectmen 5 7 Zoning Bylaw Changes — Planned Residential Development (PRD) for 149 Van Norden Road CPDC 7 8 Zoning Bylaw— Comprehensive Update CPDC 10 9 Summer Avenue Historic District West Street Historic District Commission 19 10 Bylaw Change — Section 8.9.1 Firearms Board of Selectmen 22 APPENDIX Capital Improvement Plan (blue pages) 25 Conduct of Town Meeting 33 Town Meeting Handout Guidelines 40 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officers Return, Reading By virtue of this Warrant, I, on _ q pr 2A , 2014 notified and warned the inhabitants of the Town of Reading, qualified to vote in Town elections and 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 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior to November 10, 2014, the date set for Town Meeting in this Warrant. I also caused a posting of this Warrant to be published on the Town of Reading website on September 2Q 2014. T nya Amico Constable A true copy Attest: Laura Gernme, Town Clerk TOWN WARRANT COMMONWEALTH OF MASSACHUSETTS Middlesex, as. 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 Town elections and Town affairs, to meet at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, in said Reading, on Monday, November 10, 2014, 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, Town Manager and any other Official, Board or Special Committee. Board of Selectmen Backaround: This article appears on the Warrant for all Town Meetings. At this Special Town Meeting, the following report(s) are anticipated: ➢ RMLD Annual Report (Chair David Talbot) ➢ School Department Annual Report (Superintendent Dr. John Doherty) ➢ Update on Charter Review Committee (Chair Alan Foulds) ➢ Update on Permanent Building Committee (Bylaw Committee Chair Stephen Crook) -➢ Update from FINCOM (Chair Mark Dockser) 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 vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen Backaround: This Article appears on the Warrant of all Town Meetings. There are no known Instructional Motions at this time. The Town Moderator requires that all proposed Instructional Motions be submitted to the Town Clerk in advance so that Town Meeting Members may be "warned' as to the subject of an Instructional Motion in advance of the motion being made. Instructional Motions are normally held until the end of all other business at Town Meeting. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 3 To see if the Town will vote to amend the FY 2015-24 Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen Backaround: This Article is included in every Town Meeting Warrant. The Reading General Bylaw states (section 6.1.3) '... No funds may be appropriated for any capital item unless such item is included In the Capital Improvements Program, and is scheduled for funding in the Fiscal Year in which the appropriation is to be made." Bond ratings agencies also want to ensure that changes to a long-term CIP are adequately described. moved up from FY16) $100,000 School Facilities - Parker MS multipurpose room repairs $ 80,000 DPWFuel Management System $ 50,000 Town Facilities -Town Hall generator (moved up from FY16 and incr. from $20,000) $ 50, 000 DPW Pickup Truck #2 (moved up from FY16) The following changes are proposed to the FY 2015 — FY 2024 CIP: + $ 30,000 School Facilities — engineering assessment of RMHS retaining wall + $ 14,000 School Facilities - RMHS Water Heater (increased to $54,000) $ 0 School Facilities —reclassify $100,000 Parker MS multipurpose room repairs to be roof repairs in that area of the same building FY16: $142,000 $100,000 Town Facilities: Fire Station lighting/security system $ 40,000 School Facilities: Coolidge phone system (moved up from FY17) $ 22,000 School Facilities: RMHS masonry work ($20,000) School Facilities: Joshua Eaton Windows/Doors (deleted) FY17+ Various changes made Finance Committee Report The Finance Committee recommends the proposed amendments to the FY 2015 — FY 2024 Capital Improvements Program by a vote of 6-0-0 at their meeting on October 9, 2014. Placing items in the Capital Improvement Program is a prerequisite but in itself does not authorize spending funds towards these items. Bylaw Committee Report: No report. By Charter, both the Finance Committee and Bylaw Committee are advisory to Town Meeting and their votes must be reported to Town Meeting, preferably in writing in advance when possible. Other volunteer Boards/CommitfeesrCommissions (BCC) also vote on Warrant Articles, and when possible those votes are noted herein with an asterisk (') next to the name of the BCC. Please note that the Board of Selectmen often act as the sponsor for Articles at Town Meeting, but they may do so as a courtesy and not agree with it. `Board of Selectmen Report: The Board of Selectmen at their meeting on October 14, 2014 voted 5-0-0 to support this Article. ARTICLE 4 To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money to pay bills remaining unpaid from prior fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen Background: There are no known unpaid invoices from the previous fiscal year, so this Article will be tabled. Finance Committee Report: No report Bylaw Committee Report: No report. ARTICLE 5- To see if the Town will vote to amend the Town's Operating Budget for the Fiscal Year commencing July 1, 2014, as adopted under Article 14 of the Annual Town Meeting of April 28, 2014 and amended by Article 8 of the Special Town Meeting of September 29, 2014; and to see 'd the Town will vote to raise and appropriate, borrow or transfer from available funds, or otherwise provide a sum or sums of money to be added to the amounts appropriated under said Article, as amended, for the operation of the Town and its govemment, or take any other action with respect thereto. Finance Committee Backaround: General Fund —Wanes and Expenses Account Line Description Decrease Increase C99 — Capital $400,000 — School Fac: J. Eaton roof Phase 2 $724,000 $100,000 — School Fac: Parker MS roof repairs $ 80,000 — DPW Fuel Management System $ 50,000 — Town Fac: Town Hall generator $ 50,000—DPW Pickup Truck#2 $ 30,000—School Fac: RMHS retaining wall $ 14,000 — additional for RMHS water heater H91 — Community Services wages Regional Housing Services Coordinator' $36,750 H92 — Community Regional Housing expenses* $10,000 Services expenses Subtotals $0 $770,750 Net Operating Expenses $770,750 $146,750 From Tax Levy, State Aid and Other Local Receipts ($100,000 Excise taxes; •$46,750 Regional partner payments for shared Housing Services $624,000 From Cash Reserve (may be reduced Iry New Growth certified by State Finance Committee Report: The Finance Committee recommends this Article by a vote of 6- 0-0 at their meeting on October 9, 2014. _ Bylaw Committee Report: No report. `Board of Selectmen Report: The Board of Selectmen at their meeting on October 14, 2014 voted 5-0-0 to support this Article. ARTICLE 6 To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase, eminent domain or otherwise, a permanent easement over the parcel of land shown as "EASEMENT AREA = 108.3 SF" on a plan entitled ' 'Easement For Construction & Maintenance Of Bus Shelter Located At 25 Walkers Brook Dr., Reading, MA' scale: 1' = 8', dated January 7, 2013 prepared by the Town of Reading, Massachusetts, Department of Public Works, Engineering Division', a copy of which plan is available for inspection at the Office of the Town Clerk. Said easement shall be for the purpose of authorizing the installation, maintenance, repair, operation, and use by members of the public of a bus stop waiting area and shelter on said parcel; or take any other action with respect thereto. Board of Selectmen Background: Under Article 8 of the Special Town Meeting held in January 2013 the Board of Selectman received authorization to accept the conveyance of an easement for the construction and maintenance of a bus shelter located at 25 Walkers Brook Drive (current location of Stop & Shop).. The bus shelter would service customers and employees of that location, and of nearby businesses. Since that approval the Town applied for and received an Order of Conditions from the Conservation Commission in April of 2013 and purchased the bus shelter in anticipation of completing the project before the 2013 winter season. While the property owner (Royal Ahold) indicated an initial desire to offer a voluntary easement there have been substantial delays in the execution of the final easement document. This summer the Town advised that further action by Town Meeting would be taken K they did not execute the easement, and they did not respond. In order to insure the Town can install the bus shelter next spring this Article further authorizes the Board of Selectman to take the same easement previously authorized by eminent domain. Finance Committee Report: No report. Bylaw Committee Report: No report. "Board of Selectmen Report: The Board of Selectmen at their meeting on October 14, 2014 voted 5-0-0 to support this Article. Nn w�Yfxr uw� mm f 1 1 w raw ewe enrvr u _—__ kl Y? Z INOLO I XAK/K 9fIVFP9 on Lj E:� `�l mU IWI OI fASdY6M flgK . FV,ft 5! ,O',M 06 YFMNO W91NPgRl,B ».N. lY 6Y 0@MIN6N. of AI&q »� nALXBBS BWX OWE 6I• BSY6yT MR (76' WBL NAY) GflN ULT/ON A NAIN➢£YA of BUS sffmw " LLGIID Ar m . •.°R. „4, d ulm'fFror R.INNTK YI Finance Committee Report: No report. Bylaw Committee Report: No report. "Board of Selectmen Report: The Board of Selectmen at their meeting on October 14, 2014 voted 5-0-0 to support this Article. ARTICLE 7 To see if the Town will vote to amend the Reading Zoning Map, dated April 18, 2013, as amended, as referenced in Section 3.2 of the Reading Zoning Bylaw, to overlay the Planned Residential Development — General (PRD -G) Overlay District upon a certain portion of land located at 149 Van Norden Road (shown on Assessors Map 39 as Lot 212) containing 2.42 acres, more or less, which parcel is situated on the northerly side of Van Norden Road, such parcel being bounded and described as follows: Northerly by land formerly of C.P. Judd, one hundred ninety four and 48/100 (194.48) feet; Easterly by lot numbered 30 on the below referenced plan, five hundred fifty (550) feet, more or less; Southerly by Van Norden Road, as shown on the below referenced plan two hundred (200) feet, more or less; and Westerly by lot numbered 27 on the below referenced plan, five hundred eighty five (585) feet, more or less. Being the same premises shown as Lots 28 and 29 on a plan entitled "Plan of Land owned by H.D. Van Norden; dated September 14, 1911°, recorded at the Middlesex South District Registry of Deeds at the end of Book 3637. The premises are also shown as parcel 212 on Reading Assessors Map 39. or take any other action with respect thereto Community Planning and Development Commission Background: In accordance with the Reading Zoning Bylaw, Section 4.10, the Planned Residential Development (PRD) District is an overlay district that may be applied to any existing residential zoning district as identified on the Reading Zoning Map. The purpose of the PRD is to allow (by Special Permit) high-quality residential development with variable densities, while preserving open space and natural features. This form of development also allows for reduced infrastructure that would otherwise be required under a traditional subdivision development. This Article seeks to amend the Town of Reading Zoning Map to include 149 Van Norden Road as part of the Planned Residential Development Overlay District. The Owner of 149 Van Norden Road would use the PRD Overlay to split the lot and construct one (1) additional single family home to accommodate multi -generational family living. The map below identifies 149 Van Norden Road. Map of 149 Van Norden Road T qu#R9�tloi�ro 4R. rrrao 20f I � Wim Legend [fi eo.emW P. ••• rrtY MOdY r a.om.n • <. w� RYr..aeln�. j r -.—•RYYOtl �StlsxYb �,���, • RNKIp. 6M.YW. Yvn.b•I RwC. 1111111111bi.>..nY {.S i,a �mpb�iisy� MUnRWd ••• •• pill• flY VMMM Under the Town of Reading's Subdivision Rules and Regulations, today the Owner would be required to construct a new road that will meet Town Standards (please see map on the left hand side of the next page). To accommodate this new road, the existing home would need to be demolished and then two new homes would be constructed. However, under the PRD Overlay District, the existing home could be preserved and a new single family home constructed to the rear (map on the right hand side of the next page) on a new separate lot. 0 Plan using Reading's Subdivision Rules and Regulations Plan using PRD Overlay District Because the rear of the site is nearly all a wetland/Certified Vernal Pool, the PRD Plan would allow for the home to be located outside of 100 -foot buffer zone. Under the Reading's Subdivision Requirements, the proposed homes would likely encroach in the buffer zone of this resource and would increase the amount of impact to the natural vegetation. Additionally, the PRD Overlay District requires 40% of the parcel be left as open space. There is no requirement under Reading's Subdivision Rules and Regulation to set aside open space. Special Permit: In accordance with Section 4.10 of the Zoning Bylaw, the Owner/Applicant will be required to seek a Special Permit for use of the PRD Overlay District. The Special Permit will be sought through a Public Hearing process, including abutter notification with the Community Planning and Development Commission (CPDC). The CPDC, as the Special Permit Granting Authority, will have the discretion on the final approved plan. Although the Plan could change from what is shown (above, tight.. hand side), the CPDC has review authority on the number of housing units and development density. Article 7 simply would amend the Zoning Map so that the Owner/Applicant could move forward with a Special permit Application to the CPDC under the PRD Overlay District. - Finance Committee Report: No report 0 I � 1 I1 -i ilk. - r _.rte Plan using Reading's Subdivision Rules and Regulations Plan using PRD Overlay District Because the rear of the site is nearly all a wetland/Certified Vernal Pool, the PRD Plan would allow for the home to be located outside of 100 -foot buffer zone. Under the Reading's Subdivision Requirements, the proposed homes would likely encroach in the buffer zone of this resource and would increase the amount of impact to the natural vegetation. Additionally, the PRD Overlay District requires 40% of the parcel be left as open space. There is no requirement under Reading's Subdivision Rules and Regulation to set aside open space. Special Permit: In accordance with Section 4.10 of the Zoning Bylaw, the Owner/Applicant will be required to seek a Special Permit for use of the PRD Overlay District. The Special Permit will be sought through a Public Hearing process, including abutter notification with the Community Planning and Development Commission (CPDC). The CPDC, as the Special Permit Granting Authority, will have the discretion on the final approved plan. Although the Plan could change from what is shown (above, tight.. hand side), the CPDC has review authority on the number of housing units and development density. Article 7 simply would amend the Zoning Map so that the Owner/Applicant could move forward with a Special permit Application to the CPDC under the PRD Overlay District. - Finance Committee Report: No report 0 Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 4-0-0 at their meeting on October 21, 2014. *Community Planning & Development Commission Report: The CPDC recommends the subject matter of this Article by a vote 4-0-0 at their public hearing on August 11, 2014. ARTICLE 8 To see if the Town will vote to amend the Zoning Bylaw by deleting sections 2.0 Definitions, 4.0 Use Regulations, 5.0 Intensity Regulations, 6.0 General Provisions Affecting All Districts, 7.0 Administration, 8.0 Applicability, and 9.0 Adoption and Amendment in their entirety, together with all appendices associated with such sections, and replacing them with new sections 2.0 Definitions, 4.0 Administration, 5.0 Use Regulations, 6.0 Intensity Regulations, 7.0 Nonconforming Uses and Structures, 8.0 Sign Regulation, 9.0 Parking, 10.0 Overlay Districts, 11.0 Planned Development, and 12.0 Applicability, Adoption and Amendment, together with all appendices associated with such sections, the texts of which sections and appendices are available for inspection in the Office of the Town Clerk, or take any action with respect thereto. Community Planning and Development Commission Background: Approximately five years ago, the Town of Reading identified customer service as an organization -wide goal. The Town received feedback that customer service was excellent, however, a few complaints were also received that highlighted the need for changes to the Town's zoning and permitting requirements. In response to the complaints, the Town made a commitment to improve organizational efficiency through clearer permitting requirements and reduced regulations while reinforcing standards for review and increasing transparency. The CPDC suggested immediate changes to the zoning bylaw as part of a Phase I update of the zoning bylaw. Phase I changes were adopted by Town Meeting in November of 2013. Phase ll, the Comprehensive Update to the Zoning Bylaw, included a $75,000 Town Meeting appropriation to hire a zoning consultant. The Board of Selectmen appointed the Zoning Advisory Committee (ZAC) in September 2013 to work with the consultant and staff. The goal of the zoning bylaw update was to simplify, modernize, clarify and make changes to zoning and to make the permitting process more user-friendly. The zoning update project has been designed to ensure that the bylaw is easy to use and understand by the public and for ease of administration by Town staff. With the assistance of a specialized zoning consultant, stakeholder interviews were conducted in which numerous comments were received that our zoning bylaws are difficult to use. The zoning consultant also performed a zoning diagnostic (technical review) that revealed problem areas including, but not limited to: (1) internal inconsistencies; (2) outdated and confusing language; and (3) conflicts with statutory and case law. This zoning update has been conducted with the extensive public participation for over one year, as well as input primarily from the Zoning Board of Appeals (ZBA), the Community Planning and Development Commission (CPDC) and Town staff, but also from numerous other individual boards, committees and commissions. 10 The updated zoning bylaw is planned to be presented as Warrant Articles for a total of four Town Meetings, with November Subsequent Town Meeting the second of these sets of changes. Note that Article 8 of the November Town Meeting is the only set of changes to be presented in a single Article. While amendments are possible, Article 8 is recommended by the ZAC and Town Counsel as presented because they align together as the core fundamental changes to the local zoning bylaw. Below is a review of the four Town Meetings that represent the final stages of the zoning bylaw project: Special Town Meeting, September 29, 2014, Five (5) zoning articles; Four (4) were approved. • Purpose (Section 1) — Not Adopted • Establishment of Districts (Section 3) — Adopted • Deletion of Wetlands Protection District (Section 4.5) — Adopted • Deletion of Mixed Use Overlay District (Section 4.6) — Adopted • Registered Medical Marijuana Dispensaries (Section 4.13)—Adopted Subsequent Town Meeting, November 10, 2014, One (1) zoning article includes the core changes to the zoning bylaw and sections that logically belong together. This will be subject to a single up or down vote. ➢ Where noted below in bold, the old zoning bylaw will be deleted and the new zoning bylaw will be inserted. D As part of this article the remaining sections, shown in italics, will be renumbered only and put into the new bylaw format using the current wording. • Use current wording - Purpose (Section 1) • Delete Definitions (Old Section 2), Insert Definitions (New Section 2) • Establishment of Districts (Section 3) — adopted 9/29/14 • Delete Administration (Old Section 7), Insert Administration (New Section 4) • Delete Use Regulations (Old Section 4), Insert Use Regulations (New Section 5) • Delete Intensity Regulations (Old Section 5), Insert Intensity Regulations (New Section 6) • Delete Nonconforming Uses (Old Section 6.3) and Insert Nonconforming Uses and Structures (New Section 7) • Use current wording — Sign Regulations (Old Section 6.2) Renumber (New Section 8) • Use current wording — Parking (Old Section 6.1) Renumber (New Section 9) • Use current wording — Oveday Districts (Old Section 4) Renumber (New section f 0) • Use current wording — Planned Development (Old Section 4.9, 4.10) Renumber (New Section 11) • Delete Applicability (Old Section 8), Insert Applicability and Severability (New Section 12) Annual Town Meeting, April 28, 2015, Five (5) zoning articles anticipated: • Delete Purpose (Section 1) — new language to be proposed • Delete Sign Regulations (Old Section 6.2), Insert Sign Regulations (New Section 8) • Delete Parking (Old Section 6.1), Insert Parking (New Section 9) • Delete Overlay Districts (Old Section 4), Insert Overlay Districts (New Section 10) 11 Delete Planned Development (Old Section 4.9, 4.10), Insert Planned Development (New Section 11) Subsequent Town Meetina, November 9. 2015, One (1) zoning article anticipated: • Section 2 — centralize all definitions after Town. Meeting has acted on all other zoning bylaw changes Summary Two handouts related to Article 8 — separate from this Warrant Report - have been prepared and distributed to Town Meeting members: ➢ Clean Copy of the proposed zoning bylaw - If Town Meeting passes this Article as presented, this document will represent the new zoning bylaw. Any amendments made at Town Meeting would be supplemental. As a reminder, next April at Annual Town Meeting there will be more zoning work to do; ➢ Detailed Translation Guide — to assist with understanding the changes between the (OLD) current zoning bylaw and the (NEW) clean copy of the proposed zoning bylaw. If there are specific sections that Town Meeting members are interested in, this guide will help explain the public discussions and thought process behind any suggested changes. Next April a similar guide will be produced for the next set of zoning bylaw articles. The following summary in the Warrant Report will provide a less -detailed overview of the changes that are before Subsequent Town Meeting under Article 8. The first column describes the current (OLD) section of the bylaws that are under discussion, while the second column directs the reader to the proposed (NEW) location of these sections. The third column describes the STATUS — the time frame for actions past and anticipated at the aforementioned group of four Town Meetings. The final column REVISIONS briefly summarizes what is proposed to be changed. Again as a reminder, some of these proposed changes are scheduled for future Town Meetings in 2015 — as described above, these future changes are shown in italics. 12 OLD ZONING NEW ZONING STATUS REVISIONS BYLAW BYLAW SECTION SECTION Not Approved Purpose Authority and Special Town (Section 1) Purpose Meeting (929114) (Section 1) Article 9 Pending - future Annual Town Meeting Pending more community dialogue 428/15 Pending - now More definitions and updated terms Definitions Definitions Subsequent Town Definitions are better organized and Meeting (11/10/14) (Section 2) (Section 2) centralized Article 8 Contemporary definitions replace Core definitions obsolete ones updated Graphics have been added to clarify terms Core definitions located in Section 2 Definitions with limited applicability are in respective sections Pending - future , Centralize all definitions once all November 2015 Sections approved by Town Meeting Town Meetin Approved . Deleted Wetlands Protection and Establishment Establishment Special Town Mixed Use Overlay Districts of Districts of Districts Meeting (9/29/14) . The Wetlands Protection District (Section 3) (Section 3) Article 10 Overiay has become obsolete; replaced by the State Welland Protection Act and the Local Wetland Protection Bylaw. The Conservation Commission voted to approve this change. The Mixed Use Overlay district has never been used; replaced by the Downtown Smart Growth District. The reference to the FIRM map was corrected. Clarified how to interpret zoning for lots in two districts. Approved (Partial)` . Registered Medical Marijuana Use Use Special Town Dispensaries are zoned for the Regulations Regulations Meeting (929/14) Industrial District (with input from (Section 4) (Section 5) Article 13 RCASA and the RPD) and moved to the new Section 5 'NOTE: The updates related to regulating Registered Medical Marijuana Dispensaries were approved by 929/14 Town Meeting 13 OLD ZONING BYLAW SECTION NEW ZONING BYLAW SECTION STATUS REVISIONS Pending - now . Reorganized over 100 pages of Use Use Subseauent Town scattered provisions into a more Regulations Regulations Meeting (11/10/14) easily understood set of Article 8 (Section 4 — (Section 5) requirements; continued) Modernize, Simplify . Two Tables of Uses have been and Make Changes developed. to new Section 5 . Updated and clarified language for Adult Uses • Separated out uses by Special Permit to new subsection • Principal uses and their application have been evaluated to ensure the use meets the intent of each district. • Streamlined the special permit process designating CPDC as the board for both special permits and site plan review eliminating the need to apply to two separate boards. • Updated requirements for Accessory Uses. • Added a new Accessory Buildings and Structures section. Clarified requirements and added new provisions for Accessory Apartments. Carriage House regulations have been streamlined into the requirements for Accessory Apartments (with input from the - Reading Historical Commission). • Uses and activities requiring Site Plan Review are reformatted for convenience and clarity. • No change to the Site Plan Review thresholds • Application requirements are handled in the regulations so that the zoning bylaw is streamlined. • Updated Section on Nursing Homes/Assisted Living Facilities Note: Site Plan Review and Permit Process Changes -Moved to Administration (NEW Section 4) 14 OLD ZONING NEW ZONING STATUS REVISIONS BYLAW BYLAW SECTION SECTION Pending -now Floodplain Floodplain Subseauent Town Meeting (11/10/14) Overlay Overlay Article 8 District District (Section 4.4) (Section 10.1) Renumber only — no wording changes Pending - future Annual Town Meeting (428115) . No substantive changes made . Minor changes to clarify language. Wetlands DELETED Approved Special Town . Removed — not needed Protection Meeting (929/14) District Article 11 Section 4.5 - Mixed Use DELETED Approved Special Town Removed—not needed Overlay Meeting (929/14) District Article 12 Section 4.6 Pending- now Municipal Rouse District Municipal Reuse District Subsequent Town Meeting (111101141 Article 8 (Section 4.7) (Section 10.2) Renumber only — no wording changes Pending - future Annual Town Meeting (428/15) . Change the Special Permit Granting Authority to the CPDC rather than the Zoning Board o/ Appeals. Pending - now Aquifer Aquifer Subsequent Town Protection Protection Meeting (11/10/14) Article 8 District District (Section 4.8) (Section 10.3) Renumber only — no wording changes Pending -future Annual Town Meeting (428/15) . Modify definition of impervious Area to be more flexible Update to allow for more streamlined review of Boundary Disputes by the Town Engineer. Add provision for lots within two districts and provide more detail and clarity for recharge requirements for lots occupied by Single and Two, Family residences. 15 OLD ZONING NEW ZONING STATUS REVISIONS BYLAW BYLAW SECTION SECTION Pending - now Planned Unit Planned Unit Subsequent Town Meetina (11/10/14) Development Development Article 8 (Section 4.9) (Section 11.1) Renumber only — no wording changes Pending -future Annual Town Meeting (4/28/15) Reorganize the section to ease administration and make the process userlhand/y. • Delete an Altemative Procedure' for Application which was complex and challenging. • Clarify Parking and Signage requirements and make them consistent with other Sections of the bylaw. • Mom 'Allowed Uses'Into a table rather than text. Pending - now Planned Planned Subsequent Town Meeting (11110/14) Residential Residential Article 8 Development Development (Section 4.10) (Section 11.2) Renumber only — no wording changes Pending - future Annual Town Meeting (4/28/15) • Update language to make requirements more user-friendly and easier to understand. • Clarify the allowed uses by reference to the Table of Uses. Reorganize sections. • Clarify the formula for residential drallir and open space restriction Pending - now Gateway Gateway Subsequent Town Smart Growth Smart Growth Meetina (11/10/14) Article 8 District District (GSGD) (GSGD) Renumber only -no (Section 4.11) (Section 10.4) wording changes Pending - future Annual Town Meeting (4128/15) • No substantive changes made • Minor changes to clarify language or to be consistent with other Sections n bylaw Q OLD ZONING NEW ZONING STATUS REVISIONS BYLAW BYLAW SECTION SECTION Pending - now Downtown Downtown Subseauenl Town Meeting (11/10/141 Smart Growth SmartGrowth Article District District (DSGD) (DSGD) Renumber only — no (Section 4.12) (Section 10.4) wording changes Pending -future Annual Town Meeting (428/15) . No substantive changes made . Minor changes to clarity language or to be consistent with other Sections in bylaw Intensity Regulations (Section 5) Intensity Regulations (Section 6) Pending - now Subseauent Town Meeting (11/10/14) . No Major Changes . Reorganized the dimensional controls to be more modem and easier to understand . Added landscaping standards Article 8 Modernize, Simplify General Provisions See Below See Below See Below Section 6) Pending - now Parking (Section 6.1) OH Street Parking and Subsequent Town Meeting (11/10/14) Article 8 Loading (Section 9) Renumber only—no wording changes Pending - Future Annual Town Meeting (428115) . No substantive changes made. . Clarity parking provisions are and additional principal uses added into the parking table. • A more tailored set of parking and loading requirements based on the use and for clarification. Pending - now Signs Signs Subsequent Town (Section 6.2) (Section 8) Meeting (11/10/14) Article 8 Renumber only — no wording changes Pending -future Annual Town Meeting . Modify and update the language, with provisions consolidated for (4/28/15) greater clarify - • Add tables where large amount of text made navigating difficult. Include graphics�pictures to assist with identification ofsign types 17 OLD ZONING NEW ZONING STATUS REVISIONS BYLAW BYLAW SECTION SECTION Nonconforming (Section 6.3) Nonconforming Uses and Structures (Section 7) Pending - now Subsequent Town A nonconforming use such as a - single family home in the downtown (Business B) can make modifications (like building a deck) without the need to go to the ZBA provided they Meeting (11/10/14) Article 8 meet the dimensional requirements. • Streamlined so that simple projects, routinely approved Special Permits from the ZBA, are subject to staff reviews only. Clarified vague language including what triggers a special permit. • New provision to protect underdeveloped lots (single and two family homes Administration (Section 7) Administration (Section 4) Pending -now Subseouent Town • Reorganized so that the administration of zoning, permitting and review processes are clearly stated up front Meetino (11/10/14) Article 8 Modernize, Simplify • Administration is modified and updated. Applicability (Section 8) (including Applicability and Severabllity (Section 12) Pending - now Subsequent Town Meeting (11/10/141 • Language was streamlined leaving only the severability language to be applied to the bylaw. Article 8 Invalidity and 9.0 Adoption Modernize, Simplify and Amendment Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee report is Pending further review, and will be delivered to Town Meeting when the Article is presented. *Board of Selectmen Report: The Board of Selectmen at their meeting on October 14, 2014 voted 5-0-0 to support this Article. *Community Planning & Development Commission Report: The CPDC report is pending further review, and will be delivered to Town Meeting when the Article is presented. *Zonlna Board of Appeals Report: The Zoning Board of Appeals at their meeting on October 16, 2014 voted 4-1-0 to support this Article. HN ARTICLE 9 To see N the Town will vote to amend the General Bylaws by: (a) Striking section 7.3.3 thereof in its entirety and inserting, in place thereof, the following: 7.3.3 District The District shall consist of two areas as shown in Appendix A-1 and Appendix A-2. (b) Amending section 7.3.4.2 thereof by striking the words 'one or two property owners from the District area' and inserting, in place thereof, the words "one or two owners of property located within a District area." (c) Amending the Appendix A thereof by re -designating it as Appendix A-1 and inserting the word "Area" at the end of the title thereof. (d) Inserting a new Appendix A-2, to be titled "Summer Avenue Historic District Area; and containing a map, titled "Summer Avenue Historic District Area," a copy of which is available for inspection in the Office of the Town Clerk. or take any other action with respect thereto. West Street Historic District Commission Background: As the sponsor of a Town Meeting Article that would create a Local Historic District on Summer Avenue, the West Street Historic District Commission would like to offer the following introductory information to you. Please feel free to contact a Commission member if you would like additional information, or you can visit the West Street Historic District Commission's page on the town website for further information, including a map and the Preliminary Report. What is a Local Historic District? A Local Historic District is a preservation tool, established and administered at the local level, to protect the distinctive characteristics of a neighborhood and to encourage new design that is compatible with the existing area and setting. Other historic designations do not offer the level of protection of a Local Historic District. For example, a National Register designation offers NO protection to a property; and inclusion on the Town's inventory of historic structures cannot protect a structure, except to delay its demolition by 6 months. Of the 25 properties proposed to be included in the Summer Avenue LHD, there are 10 structures on the Town's Historical and Architectural Inventory, of which 5 that are recognized as National Register properties. A Local Historic District would give them the protection they deserve. 19 Under what authority is an LHD established? Local Historic Districts are established under the Historic Districts Act (Massachusetts General Laws Chapter 40C), which empowers municipalities to adopt a bylaw and to create multiple Districts under the bylaw. Reading passed the Local Historic District bylaw and created its first LHD, the West Street Historic District, in 2005. At that time, it was expected that other LHDs would be established over time to benefit and protect the unique character of additional neighborhoods. While there are a number of areas and neighborhoods to be considered as potential Local Historic Districts in Reading, the subject of this Town Meeting article is the proposed creation of a Summer Avenue Local Historic District. Who administers a Local Historic District after it is established? A Local Historic District Commission (LHDC) reviews all applications by owners within the district and the Commission determines whether a Certificate of Non -Applicability, a Certificate of Appropriateness, or disapproval will be issued to indicate its decision of a proposed exterior alteration prior to work being done. It is likely that Reading will have one Local Historic District Commission that will oversee both the West St and the Summer Ave LHDs. What Protection does an LHD offer to the Properties within its boundary? The design review process assures that changes to properties will not detract from the District's historic character. All exterior changes that are visible from a public way, including demolition, are subject to review by the LHDC, however there is a list of alterations for which the commission may issue a Certificate of Non -Applicability, including: paint color, roofing material color, mailboxes, flagpoles, window boxes, gutters, house numbers, storm windows, screens, shutters, window air conditioners, terraces, walks, driveways, and more. In addition, the LHD does not have any control over the use of the properties within the District. What is the Process for creating a new District? (i) In a town that already has an LHD, the existing Local Historic District Commission is responsible for preparing a Preliminary Report for local and state review. The West Street Historic District Commission submitted its Preliminary Report for the Summer Avenue Local Historic District to the State (Mass Historical Commission) and to the Town's planning commission (CPDC) on August 25, 2014. (ii) The District Commission is also responsible for educating the property owners in the proposed District regarding the potential impact to them of the new guidelines and review process. In September, the Commission mailed information to homeowners and also held a public "Info Session' and Q&A at the Pleasant St/Senior Center. (iii) A public hearing is required to be held 60 days or more after the submission of the Preliminary Report. That hearing is scheduled to be held October 27, 2014 at the Pleasant Street/Senior Center. (iv) The next step is Town Meeting approval of the new Local Historic District. A 213 vote is required. 20 How does a Local Historic District benefit a community? Loral Historic Districts add value to a community because they offer protection to historic resources and settings. The Town's 2005 Master Plan calls on the Historical Commission to, "protect buildings of historical significance and establish Local Historic Districts where appropriate, as part of the 21 value the Town puts into its architectural heritage and character.' This portion of Summer Avenue, containing several National Register properties, has long been a candidate to become a Local Historic District, and has been discussed by the related Commissions since 2007. Like many communities, Reading is vulnerable to state and federal regulations which often override local zoning; the potential for loss under these conditions is persistent and growing, and it is important for the community to protect its own resources from external forces. Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 4-0-0 at their meeting on October 21, 2014. ARTICLE 10 To see if the Town will vote to amend the General Bylaws by amending section 8.9.1 thereof by striking the words 'nor to the rights and privileges of an owner or lessee of land as set fqrth in MGL Chapter 131 relative to hunting and sporting' as shown below: 8.9.1 FIREARMS No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind on or within the limits of any street, highway, park or other public property except with the written permission of the Board of Selectmen or its designee, or on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen or its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle or take any other action with respect thereto. Board of Selectmen Background: In mid-July 2014 residents at a home near Timberneck Swamp contacted the Town Manager and Board of Selectmen and expressed a desire to prohibit hunting on a private piece of land in the middle of the nearby swamp. Public Safely and Conservation officials met to discuss and then met with the residents in early August. The same residents had previously reported 'shots fired', but no evidence has ever been found. Neighbors were interviewed and some mentioned that echoes from the nearby rifle range could sometimes be heard in the area. When the Board met to close this Town Meeting Warrant, two Selectmen (the minimum needed per the Charter) indicated a desire to include the Article despite the fact no public discussion had yet occurred, as there would be ample time to do so before Town Meeting met. They directed the Town Manager to research the situation and provide context for the proposed bylaw change. The residents admitted that the Article would be very unlikely to solve their issue, but they believed it was dangerous to allow guns in the area and wished it to go to Town Meeting. At a subsequent Board of Selectmen meeting, the Town Manager then presented the Board with a list of about forty properties in Town that would be affected by this proposed change to the bylaw. At that point the Board unanimously agreed to establish a public process to debate the issue, which would include notification of all affected property owners, and depending on the 22 results they may bring the Article forth at a future Town Meeting. The Board therefore desires to Indefinitely Postpone the Article in November. Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 0-1-3 at their meeting on October 21, 2014. All members believed that there was incomplete information on the impact of this change; one member interpreted that fact as sufficient cause for a negative vote. 'Board of Selectmen Report: The Board of Selectmen at their meeting on October 14, 2014 voted 0-5-0 to support this Article, as described in the Background section above. 23 and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to November 10, 2014, 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{'" day of , 2014. Daniel Ensminger, Secretary v J Kevin Sextorki Y�� , SELECTMEN OF READING Tor6ra Amico , Constable 24 L7 ; I$ rB ' RIg fNlm gl„ i, n 4 4 4 8 A• e 2 _> h•' i141 LLgKK33 yyX, r� }gE^{ s �; R a[ LL Q Q gi R �I a x as Ise R � $ � s a � � a � � G � � � yS N •�Pi(f I: �S4 g 3 y S KKKeR 4 gg y 21 Im qEE 4`5E - 0 6 .1 L7 m ■!u•■■■.$■■••|••§._�..■|..■_ �i��... ,a■ .................. � ..:. q.. ....:....g........ .. �.,....\. f: .)f�..��$ �|............| « , ...........§|... °k ƒ �.■ ■Kk \/ «(.■:... 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EyV F}1 32 j e - fi l gid; p Q E45 Q LL I ^ m t LL yy Qp ys p' R s R ladig Si a F ffi A d LL j t 1 I I I f --I $ .. NN LL PT, Xi r � r r h Ii"all? �L U 6$ 19ig u a q RI& E � 82� ' ��� u �U�O 1, € O i U e e I IFJ Itv o 2 IC N1 i U U' F i. LLI U' 32 CONDUCT OF TOWN MEETING Reading's Town Meeting is conducted in accordance with the rules set down in Article 2 of the Charter and the General Bylaws. Although Town Meeting Time Third Edition is the basic source, a Town Meeting Member need only be familiar with what is contained in the Charter. These notes are intended to outline the major points all Town Meeting Members should know, and which by knowing will make Town Meeting more understandable. Oroanization • Town Meeting consists of 192 elected members, of which 97 constitute a quorum. • There are two required sessions: The Annual Meeting in Spring which is primarily for fiscal matters and acceptance of the annual budget, and the Subsequent Meeting in November. Special Town Meetings may be called at any time that the need arises. • There are three main committees which review certain Articles and advise Town Meeting of their recommendations: Finance for all expenditures of funds, Bylaw for all bylaw changes, and the Community Planning and Development Commission for all zoning changes. Their reports are given prior to discussing the motion. General Rules Of Procedure • The Meeting is conducted through the Warrant Articles which are presented (moved) as motions. Only one motion may be on the floor at a time; however, the motion may be amended. Often two or more Articles which address the same subject may be discussed together; however, only one is formally on the floor, and each when moved is acted upon individually. Note that the vote on one may influence the others. • Members who wish to speak shall rise, state their name and precinct in order to be recognized. • A Member may speak for ten (10) minutes but permission must be asked to exceed this limit. • Seven (7) Members can question a vote and call for a standing count, and twenty (20) can ask for a roll call vote; however, a roll call vote is seldom used because of the time it takes. Principal Motion Encountered At Town Meeting The following motions are the principal ones used in most cases by Town Meeting to conduct its business. Experience shows that the Members should be familiar with these. • Adjourn: Ends the sessions, can be moved at any time. • Recess: Stops business for a short time, generally to resolve a procedural question or to obtain information. • Lay on the Table: Stops debate with the intention generally of bringing the subject up again later. May also be used to defer action on an Article for which procedurally a negative vote is undesirable. Note that tabled motions die with adjournment. • Move the Previous Question: Upon acceptance by a two-thirds (2/3) vole, stops all debate and brings the subject to a vote. This is generally the main motion, or the most recent 33 amendment, unless qualified by the mover. The reason for this as provided in Robert's Rules of Order is to allow for other amendments should they wish to be presented. • Amend: Offers changes to the main motion. Must be in accordance with the motion and may not substantially alter the intent of the motion. In accordance with Robert's Rules of Order, only one primary and one secondary motion will be allowed on the floor at one time, unless specifically accepted by the Moderator. • Indefinitely Postpone: Disposes of the Article without a yes or no vote. • Take from the Table: Brings back a motion which was previously laid on the table. • Main Motion: The means by which a subject is brought before the Meeting. The Followina Motions May Be Used By A Member For The Purpose Noted, • Question of Privilege: Sometimes used to offer a resolution. Should not be used to "steal" the floor. • Point of Order: To raise a question concerning the conduct of the Meeting. • Point of Information: To ask for information relevant to the business at hand. Multiple Motions Subsequent (Multiple) Motions If the subsequent motion to be offered, as distinct from an amendment made during debate, includes material which has previously been put to a vote and defeated, it will be viewed by the Moderator as reconsideration and will not be accepted. If the subsequent motion contains distinctly new material which is within the scope of the Warrant Article, then it will be accepted. An example of this latter situation is successive line items of an omnibus budget moved as a block. Subiect To The Followina Considerations • The maker of any proposed multiple motion shall make their intent known, and the content of the motion to be offered shall be conveyed to the Moderator - prior to the initial calling of the Warrant Article. • Once an affirmative vote has been taken on the motion then on the floor - no further subsequent alternative motions will be accepted. (Obviously does not apply to the budget, for example.) • Also - There can only be one motion on the floor at any one time. You have the ability to offer amendments to the motion that is on the floor. You also have the ability to move for reconsideration. Town Of Readina Bylaw - Article 2 Town Meeting 2.1 General 2.1.1 Date of Annual Town Election The Annual Town Meeting shall be held on the third Tuesday preceding the fourth Monday in April of each year for the election of Town Officers and for such other matters as required by law to be determined by ballot. Notwithstanding the foregoing, the Board of Selectmen may schedule the commencement of the Annual Town Meeting for the same date designated as the date to hold any Federal or State election. 2.1.2 Hours of Election 34 The polls for the Annual Town Meeting shall be opened at 7:00 AM and shall remain open until 8:00 PM. 2.1.3 Annual Town Meeting Business Sessions All business of the Annual Town Meeting, except the election of such Town officers and the determination of such matters are required by law to be elected or determined by ballot, shall be considered at an adjournment of such meeting to be held at 7:30 PM on the fourth Monday in April, except if this day shall fall on a legal holiday, in which case the meeting shall be held on the following day or at a further adjournment thereof. 2.1.4 Subsequent Town Meeting A Special Town Meeting called the Subsequent Town Meeting shall be held on the second Monday in November, except if this day shall fall on a legal holiday, in which case the meeting shall be held on the following day. The Subsequent Town Meeting shall consider and act on all business as may property come before it except the adoption of the annual operating budget. 2.1.6 Adjourned Town Meeting Sessions Adjourned sessions of every Annual Town Meeting after the first such adjourned session provided for in Section 2.1.3 of this Article and all sessions of every Subsequent Town Meeting, shall be held on the following Thursday at 7:30 PM and then on the following Monday at 7:30 PM, and on consecutive Mondays and Thursdays unless a resolution to adjourn to another time is adopted by a majority vote of Town Meeting Members present and voting. 2.1.6 Postina of the Warrant The Board of Selectmen shall give notice of the Annual, Subsequent or any Special Town Meeting at least fourteen (14) days prior to the time of holding said meeting by causing an attested copy of the warrant calling the same to be posted in one (1) or more public places in each precinct of the Town, and either causing such attested copy to be published in a local newspaper or providing in a manner such as electronic submission, holding for pickup, or mailing, an attested copy of saidwarrant to each Town Meeting Member. 2.1.7 Closina of the Warrant All Articles for the Annual Town Meeting shall be submitted to the Board of Selectmen not later than 8:00 PM on the fifth (e) Tuesday preceding the date of election of Town officers, unless this day is a holiday in which case the following day shall be substituted. All articles for the Subsequent Town Meeting shall be submitted to the Board of Selectmen not later than 8:00 PM on the seventh (7th) Tuesday preceding the Subsequent Town Meeting in which action is to be taken, unless this day is a holiday in which case the following day shall be substituted. 2.1.8 Delivery of the Warrant The Board of Selectmen, after drawing a Warrant for a Town Meeting, shall immediately deliver a copy of such Warrant to each member of the Finance Committee, the Community Planning and Development Commission, the Bylaw Committee and the Moderator. 2.2 Conduct of Town Meeting 2.2.1 In the conduct of alt Town Meetinas the following rules shall be observed Rule 1 A majority of Town Meeting Members shall constitute a quorum for doing business. 35 Rule 2 All articles on the warrant shall be taken up in the order of their arrangement in the warrant unless otherwise decided by a majority vote of the members present and voting. Rule 3 Prior to debate on each article in a warrant involving the expenditure of money, the Finance Committee shall advise Town Meeting as to its recommendations and the reasons therefore. Rule 4 Prior to a debate on each article in a warrant involving changes in the bylaw or Charter, petitions for a special act, or local acceptance by Town Meeting of a State statute, the Bylaw Committee shall advise Town Meeting as to its recommendations and reasons therefore. Rule 5 Every person shall stand when speaking as they are able, shall respectfully address the Moderator, shall not speak until recognized by the Moderator, shall state his name and precinct, shall confine himself to the question under debate and shall avoid all personalities. Rule 6 No person shall be privileged to speak or make a motion until after he has been recognized by the Moderator. Rule 7 No Town Meeting Member or other person shall speak on any question more than ten (10) minutes without first obtaining the permission of the meeting. Rule 8 Any non -Town Meeting Member may speak at a Town Meeting having first identified himself to the Moderator. A proponent of an article may speak on such article only after first identifying himself to the Moderator and obtaining permission of Town Meeting to speak. No non -Town Meeting Member shall speak on any question more than five (5) minutes without first obtaining the permission of the Meeting. Non -Town Meeting Members shall be given the privilege of speaking at Town Meeting only after all Town Meeting Members who desire to speak upon the question under consideration have first been given an opportunity to do so. Rule 9 Members of official bodies and Town officials who are not Town Meeting Members shall have the same right to speak, but not to vote, as Town Meeting Members on all matters relating to their official bodies. Rule 10 No speaker at a Town Meeting shall be interrupted except by a Member making a point of order or privileged motion or by the Moderator. Rule 11 Any person having a - monetary or equitable interest in any matter under discussion at a Town Meeting, and any person employed by another having such an interest, shall disclose the fact of his interest or his employer's interest before speaking thereon. Rule 12 The Moderator shall decide all questions of order subject to appeal to the meeting, the question on which appeal shall be taken before any other. Rule 13 When a question is put, the vote on all matters shall be taken by a show of hands, and the Moderator shall declare the vote as it appears to him. If the Moderator is unable to decide the vote by the show of hands, or if his decision is immediately questioned by seven (7) or more Members, or if the Moderator determines that a counted vote is required such as for a debt issue or Home Rule Petition, he shall determine the question by ordering a standing vote, and he 36 shall appoint tellers to make and return the count directly to him. On request of not less than twenty (20) members, a vote shall be taken by roll call. Rule 14 All original main motions having to do with the expenditure of money shall be presented in writing, and all other motions shall be in writing if so directed by the Moderator. Rule 15 No motion shall be received and put until it is seconded. No motion made and seconded shall be withdrawn if any Member objects. No amendment not relevant to the subject of the original motion shall be entertained. Rule 16 When a question is under debate, no motion shall be in order except: • to adjourn, • to lay on the table or pass over, • to postpone for a certain time, • to commit, • to amend, • to postpone indefinitely, or • to fix a time for terminating debate and putting the question, and the aforesaid several motions shall have precedence in the order in which they stand arranged in this rule. Rule 17 Motions to adjourn (except when balloting for offices and when votes are being taken) shall always be first in order. Motions to adjourn, to move the question, to lay on the table and to take from the table shall be decided without debate. Rule 18 The previous question shall be put in the following form or in some other form having the same meaning: "Shall the main question now be put' and until this question is decided all debate on the main question shall be suspended. If the previous question is adopted, the sense of the meeting shall immediately be taken upon any pending amendments in the order inverse to that in which they were moved, except that the largest sum or the longest time shall be put first and finally upon the main question. Rule 19 The duties of the Moderator and the conduct and method of proceeding at all Town Meetings, not prescribed by law or by rules set forth in this article, shall be determined by rules of practice set forth in 'Town Meeting Time Third Edition' except that to lay on the table shall require a majority vote. 2.2.2 Attendance by Officials It shall be the duty of every official body, by a member thereof, to be in attendance at all Town Meetings for the information thereof while any subject matter is under consideration affecting such official body. 2.2.3 Appointment of Committees All committees authorized by Town Meeting shall be appointed by the Moderator unless otherwise ordered by a vote of the Members present and voting. All committees shall report as directed by Town Meeting. If no report is made within a year after the appointment, the committee shall be discharged unless, in the meantime, Town Meeting grants an extension of time. When the final report of a committee is placed in the hands of the Moderator, it shall be deemed to be received, and a vote to accept the same shall discharge the committee but shall not be equivalent to a vote to adopt it. 2.2.4 Motion to Reconsider 37 2.2.4.1 Notice to Reconsider A motion to reconsider any vote must be made before the final adjournment of the meeting at which the vote was passed but such motion to reconsider shall not be made at an adjourned meeting unless the mover has given notice of his intention to make such a motion, either at the session of the meeting at which the vote was passed or by written notice to the Town Clerk within twenty-four (24) hours after the adjournment of such session. When such motion is made at the session of the meeting at which the vote was passed, said motion shall be accepted by the Moderator but consideration thereof shall be postponed to become the first dem to be considered at the next session, unless all remaining articles have been disposed of, in which case reconsideration shall be considered before final adjournment. There can be no reconsideration of a vote once reconsidered or after a. vote not to reconsider. Reconsideration may be ordered by a vote of two-thirds (2/3) of the members present. Arguments for or against reconsideration may include discussion of the motion being reconsidered providing such discussion consists only of relevant facts or arguments not previously presented by any speaker. 2.2.4.2 Federal or State Law Affecting Reconsideration The foregoing provisions relating to motions to reconsider shall not apply to any such motion made by the Board of Selectmen and authorized by the Moderator as necessary for the reconsideration of actions previously taken by Town Meeting by reason of State or Federal action or inaction or other circumstances not within the control of the Town or Town Meeting. In the event such a motion to reconsider is made and authorized, said motion may be made at any time before the final adjournment of the meeting at which the vote was passed, said motion may be made even if the vote was already reconsidered or was the subject of a vote not to reconsider, and reconsideration may be ordered by a vote of two- thirds (2/3) of the Members present. 2.2.4.3 Posting and Advertising Notice of every vote to be reconsidered at an adjourned Town Meeting shall be posted by the Town Clerk in one (1) or more public places in each precinct of the Town as soon as possible after adjournment, and he shall, if practicable, at least one day before the time of the next following session of said adjourned meeting, publish such notice in some newspaper published in the Town. Said notice shall include the vote to be reconsidered and the place and time of the next following session of said adjourned meeting. The foregoing notice provisions shall not apply when a motion to reconsider any Town Meeting action is made publicly at Town Meeting before the adjournment of any session of any adjourned Town Meeting. 2.2.6 State of the Town The Selectmen shall, at each Annual Town Meeting, give to the Members information on the "State of the Town." 2.2.6 Annual Precinct Meeting Town Meeting Members and Town Meeting Members -elect from each precinct shall hold an annual precinct meeting after the annual Town election but before the convening of the business sessions of the Annual Town Meeting. The purpose of the meeting shall be the election of a Chairman and a Clerk and to conduct whatever business may be appropriate. Chairmen shall serve no more than six (6) consecutive years in that M. position. Additional precinct meetings may be called by the Chairman or by a petition of six (6) Town Meeting Members of the precinct. 2.2.7 Removal of Town Meeting Members 2.2.7.1 Notice of Attendance The Town Clerk shall mail, within thirty (30) days after the adjournment sine die of the Annual Town Meeting, to every Town Meeting Member who has attended less than one-half of Town Meeting sessions since the most recent Annual Town Election, a record of his attendance and a copy of Section 2-6 of the Charter. 2.2.7.2 Precinct Recommendation All Precinct meeting held prior to consideration by Town Meeting of the warrant article pursuant to Section 2-6 of the Charter. Town Meeting Members of each precinct shall adopt a recommendation to Town Meeting on whether each member from the precinct listed in the warrant per Section 2-6 of the Charter should be removed from Town Meeting. The Chairman of each precinct or his designee shall make such recommendations along with supporting evidence and rationale to Town Meeting. 2.2.7.3 Grouped by Precinct The names of the Members subject to removal in accordance with Section 2-6 of the Charter shall be grouped by precinct in the warrant article required by said section. 2.2.8 Meetinas Durina Town Meetina No appointed or elected board, committee, commission or other entity of Town government shall schedule or conduct any hearing, meeting or other function during any hours in which an Annual, Subsequent or Special Town Meeting is in session or is scheduled to be in session. Any such board, committee or commission which schedules or holds a meeting or hearing on the same calendar day, but at a time prior to a session of Town Meeting, shall adjourn or recess not less than five (5) minutes prior to the scheduled session of Town Meeting. Any board, committee or commission may, at the opening of any session of Town Meeting, present to that Town Meeting an instructional motion requesting an exemption from this bylaw and asking that Town Meeting permit it to meet at a date and hour at which a future session of Town Meeting is scheduled, and may present reasons for Town Meeting to give such permission. Notwithstanding the foregoing, any board, committee or commission which meets the requirements of M.G.L. Chapter 39, Section 23B concerning emergency meetings may, upon meeting such requirements, conduct such a meeting or hearing at a time scheduled for a Town Meeting. 2.2.9 Rules Committee The members of the Rules Committee, established under Section 2-12 of the Charter, shall hold an annual meeting within thirty (30) days after the adjournment of the Annual Town Meeting for the purpose of electing a Chairman and a Clerk and to conduct whatever business may be appropriate. Additional Rules Committee meetings may be called by the Chairman. In the absence of a Chairman, the Moderator shall convene a meeting of the Rules Committee within sixty (60) days after a vacancy for the purpose of electing a new Chairman. 39 'v.rMeaw"'�� °FRE+o � I G k n 0 FAX: (781) 942-9070 Website: www.readingma.gov Town of Reading 16 Lowell Street Reading, MA 01867-2685 Town Meeting Handout Guidelines TOWN CLERK (781)942-9050 To ensure that all Town Meeting members have access to the same information, distributed in the same manner, please follow the below listed guidelines for handout materials: Materials that are prepared by a Town Board / Committee / Town Department must include the following: o Article name and number o Name of Town Board / Committee / Commission or Town Department o Date the document was created o Contact Information o Approval of Town Clerk's Office Materials that are prepared by petitioners or other voters must Include the following: o Article name and number o Contact information of person who created handout o Date the document was created o Approval of Town Clerk's Office All handouts: • Must contain facts only unless specifically stating "This is the opinion of • Should be on white paper only • Should be double -sided copies if more than one page • May be distributed only by giving adequate copies for all Town Meeting members (192) to the Town Clerk or designee by 6:30 PM on the night in which the subject article will be discussed • All handouts not approved will be removed and recycled • All handouts not distributed must be picked up at the end of each night or they will be recycled at the end of each night. All PowerPoint Presentations: • Must consult with the Town Clerk before the meeting • Provide a copy before the meeting • All presentations will be given using the Town of Reading laptop computer February of 2010 40 Office of the Town Clerk 781-942-9050 October 27. 2014 Dear Town Meeting Members, Town of Reading 16 Lowell Street Reading MA 01867 fax: 781-942-9070 website: www.readingma.gov Enclosed is a fourth document to be included with the Report on the Warrant to assist with the understanding of the changes to the Zoning Bylaw under Article 8 of the Town Meeting Warrant. Changes were made to the Draft Zoning Bylaw at the CPDC Public Hearing on October 23, 2014 and the enclosed documents identify those changes. Specifically, the CPDC made changes to Section 2 - Definitions, Section 4 - Administration, Section 5.3 - Tables of Uses, and Section 5.5 - Accessory Structures or Buildings. Also included in this document is a comparison of the Current Table of Uses to the Proposed Tables of Uses. Note: The changes described in this fourth document are NOT reflected in the Draft Zoning Bylaw or Translation Guides that are part of this Warrant Packet. Sincerely, Laura Gemme, CMMC Document List: Report on the Warrant Zoning Bylaw Translation Guide CPDC Public Hearing Changes t Section 2 — Definitions per CPDC Meeting October 23, 2014 Below you will find the changes to the Definitions based on the CPDC Public Hearing. These changes are NOT reflected in the printed Draft Bylaw as part of the Town Meeting Handouts. Following those changes (beginning on page 2) is a Bold and Strikeout version of Section 2 of the Current Bylaw to the Final Recommend Section 2 as voted unanimously by the CPDC as of October 23, 2014. Bar or Tavern: An establishment serving alcoholic beverages for onsite consumption as the principal use, including cocktail lounges, pubs, and saloons. Community Center: A multipurpose family center, community facility or social service establishment whefeproviding a variety of recreational, education, social, health care or counseling services Restaurant, Fast Food: ADy restaurant serving food that is available upon a short waiting time and is packaged or presented in such a manner that it can readily be eaten outside the premises where it is served, but excluding restaurants that derive at least eighty percent (80%) of their food sales revenue from food consumed on the premises. Retail Services: A commercial use where services or entertaonment, but no pF9dUGt6, are provided for a fee directly to the general public for personal, business or household utilization with only incidental sale or lease of products.. Senior Independent Living Facility: An extended or intermediate care facility that provides dwelling units for residents over the age of fifty-five (55), with no permanent rpsodp-A 6 under the age of eighteen in single or multiple buildings or in separate townhouses or cottages, and may include common areas for the use of residents. Service Station Minimart: A service station and convenience store located on the same premises . Yard- An area op a lot required to be unGGGupied by 6tF61GtUFe6 above grade eXGept for speGified Uses OF StFUGtUFe6 Yard, Front: The area extending away from the lotstreet line on which a lot has frontage and across the full width of the lot. Yard, Required: The minimum applicable front, rear or side yard as specified in Sections 6.2.3, 6.3 and 6.4 of the Zoning Bylaw that is required to be unoccupied by structures above grade except for specified uses or structures. Yard, Side: The area extending away from any side line of a lot between the lot line on which the lot has frontage and the rear line of the lot. front yaFd to the reaF yard. 1 2.0 DEFINITIONS As used in the Zoning Bylaw, the following terms shall have the following meanings, except where the context clearly indicates otherwise or a term is specially defined for the purposes of a single Section or group of Sections: Abandonment: The intentional cessation of a particular use of property. The abandonment of a nonconforming use occurs when the owner of a property forms an intent to abandon and voluntarily engages in conduct that carries the implication of abandonment. Accessory Apartment: A self-contained dwelling unit that is clearly subordinate to a primary dwelling unit on the same lot. An accessory apartment may be all or part of an accessory building or incorporated within a building that was originally used as a single family dwelling. Accessory Building: A building that is customarily incidental and subordinate to, and located on the same lot as, a lawful principal building or principal use. Pnnopal Benldxng Accessory Bulldmg -- Loi Lme 2 z Adult Day Care: A facility where care for the elderly or functionally impaired adults is provided in a protective setting for a portion of a twenty-four (24) -hour day. Agriculture: The production, keeping or maintenance, for sale or lease, of plants or animals for commercial purposes. Agriculture includes: • Farming in all of its branches; • The cultivation and tillage of the soil; • Dairying; • The production, cultivation, growing, and harvesting of any agricultural, aquacultural, floricultural, viticultural or horticultural commodities; • The growing and harvesting of forest products upon forest land, and any other forestry or lumbering operations; • The raising of livestock including horses; • The keeping of horses as a commercial enterprise; and • The keeping and raising of poultry, swine, cattle, ratites (such as emus, ostriches and rheas) and camelids (such as llamas and camels), other domesticated animals used for food or agricultural purposes, bees or fur -bearing animals. Alteration: Any construction, reconstruction or other similar action that results in a change in the structural parts, height, number of stories, exits, size, use, or location of a building or other structure. Animal Hospital: A facility where animals are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to such treatment. Animal Kennel: A facility, other than an animal hospital, that is used for the boarding, breeding, raising, grooming or training of two (2) or more dogs, cats, or other household pets of any age, but excluding premises where all of the pets are owned by the owner or occupant and no boarding, breeding, raising, grooming or training is conducted for a fee or other commercial gain. Aquifer: A geologic formation composed of rock, sand or gravel that is capable of yielding a significant amount of water to a well or spring. The land directly overlaying an aquifer shall be deemed to be a part of such aquifer. Assisted Living Facility: A facility where room and board, personal care services, and assistance with activities of daily living are provided to three (3) or more adults who are not related by blood, marriage, or legal adoption to their care provider. Automotive Repair: A facility for the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, or providing collision services, including body, frame, or fender repair, and overall painting. 3 Auto Graveyard: A facility that is maintained, used, or operated for storing, processing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles, trailers or motor vehicle parts. Bar or Tavern: An establishment serving alcoholic beverages for onsite consumption as the principal use, including cocktail lounges, pubs, and saloons. Bed and Breakfast: An accessory use within an owner -occupied single family dwelling that contains rooming units available for rent for transient occupancy (without individual kitchen facilities and with an individual or shared bath/toilet facility, separate from those required for the single family dwelling), and that shares a common entrance with the single family dwelling. Boarding House: Any building or portion thereof used for supplying shelter or food to guests, other than on a transient basis, for compensation. Buffer: A landscaped or natural area intended to separate one land use or lot visually from another. Building: A structure enclosed within exterior walls, whether portable or fixed, having a roof or other coverings for the shelter of persons, animals or property. Buildable Area: The area of a lot available for development in conformance with the minimum yard and open space requirements of the Zoning Bylaw. I I 1 I I f i I Btukk F Side SfIbaCk I J 't I Lot Line t I Rear Setback I Additional Open Space Requirements ! 1 .�I r t ! I ! Area Side 1 I Setback -- Minimum Setback Requirements 1 Front Setback t t Street R)ght-of-Way - .Sheet Line 4 4 Building Inspector: The building official appointed pursuant to Section 3 of Chapter 143 of the Massachusetts General Laws, or any enabling authority, including any such official appointed in combination with other cities or towns. Carriage House -Stable -Barn: A structure, constructed prior to 1910, that was originally intended or used to garage carriages or stable horses. 5 Change of Use: Any change in a principal or accessory use that results in its reclassification to a different line on either of the Table of Uses set forth in Sections 5.3.1 or 5.3.2. Child Care Facility: A facility operated on a regular basis, whether known as a child nursery, nursery school, kindergarten, child play school, progressive school, child development center, or preschool, or known under any other name, that receives children not of common parentage under seven (7) years of age, or under sixteen (16) years of age if those children have special needs, for nonresidential custody and care during part or all of the day separate from their parents. A child care facility shall not include any part of a public school system; any part of a private, organized educational system, unless the services of that system are primarily limited to kindergarten, nursery or related preschool services; a Sunday school conducted by a religious institution; a facility operated by a religious organization in which children are cared for during short periods of time while persons responsible for the children are attending religious services; a family child care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation. Civic or Private Club: A facility, owned and operated by a non-profit organization, that provides accommodation, which may include food, drink, or refreshments, prepared either on or off the premises, for the gathering of members and guests for civic, recreational or social purposes. iJ Communication Facility: A facility used primarily to contain telephone, telegraphic or electronic exchanges for the purpose of connecting or networking communications systems, similar facilities and ancillary offices. Community Center: A multipurpose family center, community facility or social service establishment providing a variety of recreational, education, social, health care or counseling services. A tower, antenna, dish er other free standing +.....t re defined the State Building Gode, tGgetheF with aRY related anGillary buffildiRg, used for the Commercial Communications Structure: A tower, antenna, dish or other freestanding structure, together with any ancillary building, used for the transmission or reception of radio, television, telecommunications or other electronic communication signals for commercial purposes. Computer Services Facility: A facility where computers, related components, software, hardware or associated programming or support services are provided, but excluding assembly or distribution activities except as an accessory use. Consultant Fee: A fee required by the Community Planning and Development Commission to pay the costs and expenses of any civil engineer, traffic engineer, land use expert or other expert consultant deemed necessary to evaluate a Site Plan Review application. Consumer Service Retail Establishment: A retail establishment where the principal use is the provision of individual services related to personal needs. C. Convenience Store: A retail store, containing less than two thousand five hundred (2,500) square feet of gross floor area, that is designed and stocked to sell a limited range of food, beverages, and other household supplies to customers. Dwelling Unit: A structure or portion of a structure containing, in a self-contained and exclusive manner, facilities for sleeping, bathing and cooking, including one full kitchen and full bathroom facilities. Dwelling, Multi Family: A building or portion thereof containing three (3) or more dwelling units. 2.2.9.1 One Family Dwelling Dwelling, Single Family: A detached dwelling unit arranged, intended or designed to be occupied by only one family. Dwelling, Two Family: A detached dwelling arranged, intended or designed to be occupied by two (2) families. Earth Removal: The removal of sand, loam, sod or gravel unrelated to landscaping or authorized construction on the lot. Facade: The face of a building as seen from a public way or other public space, typically the principal or front elevation of a building. Family: One or more persons living together in one dwelling unit as a single housekeeping unit; provided, however, that a group of more than four individuals who are not related by blood, marriage, or legal adoption shall not be deemed to constitute a family. Family Child Care Home: A private residence that, on a regular basis, receives children not of common parentage under seven (7) years of age, or children under sixteen (16) 7 years of age if those children have special needs, for nonresidential custody and care during part or all of the day separate from their parents. A family child care home shall not include a private residence used for an informal cooperative arrangement among neighbors or relatives, or for the occasional care of children with or without compensation. 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 at each level intended for occupancy or storage. Floor Area, Net: The sum of the actual occupied areas on the several floors of a building or buildings, not including common hallways, common stairs, mechanical spaces and other non -habitable spaces, and not including the thickness of exterior or interior walls. Floor Area Ratio: The ratio of the sum of the net floor area of all buildings on a lot to the total area of the lot. Lot Line l � / J / / Net Floor Area / ! A / J J / Total tot Area J J C ! L- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FAR= (A+B)/C Footprint: The land area occupied by a building or structure at the surface of the ground. 9 8 Frontage: The continuous portion of the line separating a lot from a public way or way shown on a plan approved in accordance with the subdivision control law, to which the owner of the lot has a legal right of access. The measurement of lot frontage shall not include jogs in street width, back-up strips or other irregularities in street line. In the case of a corner lot, the measurement of lot frontage may, at the owner's option, extend to the midpoint of the curve connecting street lines, instead of to their intersection. 1 I , 1 1 � Lot i Lot I i I i I 1 t Lot Line ------- Frontage — FWage Street We Sheet RVM-d-Way Hazardous Material: Any solid or liquid substance or combination of substances, including any liquid petroleum products that, because of quantity, concentration or physical, chemical or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health if disposed of into or on any land or water. Any substance deemed to be a "hazardous waste" pursuant to Chapter 21C of the Massachusetts General Laws, or deemed to be a toxic or hazardous substance pursuant to Chapter 94B of the Massachusetts General Laws shall be deemed to be a hazardous material. Health, Exercise or Fitness Club: A building designed and equipped for the purpose of physical fitness, weight reduction, conduct of sports, or other active recreational activities. 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. %Ridge Parapet ----- / Eave T------ Height Height Average Grade Average Grade 10 I Home Occupation: A business use conducted within a dwelling unit that is accessory to the primary residential use and carried on by a resident of the dwelling unit. Hotel or Motel: A building in which lodging is offered to guests on a transient basis for compensation. Junkyard: A facility that is maintained, operated, or used, in whole or in part, for storing, processing, keeping, buying, or selling junk or discarded materials. Landscaped Area: An area set aside from structures and parking that is developed with lawns, trees, shrubs, vines, hedges, bedding plants, rock or other natural features, and may include paving materials, walls, fences, street furniture or other decorative features. Life Science Facility: A facility devoted to advanced and applied sciences that expand the understanding of human physiology, including biomedical engineering, biotechnology, medical devices, nanotechnology, natural product pharmaceuticals, stem cell research, veterinary science and other technologies relating to potential medical or therapeutic applications. Light Manufacturing: the processing, fabrication, production or assembly of materials or products that involves no use of heat, noise, or odor -producing processes on the premises that are detectable off-site. LivelWork Facility: A commercial use, with a residential use that is incidental and secondary to the commercial use, and does not alter the commercial character of the property. 11 12 Lot: A single tract of land that is either shown on the most recent applicable plan of record or otherwise evidenced to be held in identical ownership throughout by a deed conveyance to the owner thereof Lot Coverage: The portion of a lot, expressed as a percent of the total lot area, that is covered by principal and accessory buildings and structures. Lot Width: The width of a lot measured as the diameter of a circle that fits entirely within the lot and is tangent to the front lot line. Lot Lines I • I �r I I Lot Width Lot Width 9 T � � 4 I I Lot width I Lot Width I Street Right-of-way Major Street: A street used for through access and carrying average daily volumes of traffic of ten thousand (10,000) or more vehicle trips per day. Manufacturing: The processing, fabrication, production or assembly of materials or products, not including light manufacturing. Medical Facility: A facility containing uses related to the diagnosis, treatment, and care of individuals, including hospitals, dental services, medical services or health clinics, but excluding nursing homes and medical and dental offices. Minor Street: A street used primarily for access to abutting properties or carrying average daily volumes of traffic of less than ten thousand (10,000) vehicle trips per day. 12 Nonconforming Building or Structure: A building or structure that does not conform to the currently applicable use regulations or to one (1) or more currently applicable dimensional regulations contained in the Zoning Bylaw. Nonconforming Lot: A lot that does not conform to one or more currently applicable dimensional regulations contained in the Zoning Bylaw. Nonconforming Use: ,A use that does not conform to the currently applicable use regulations contained in the Zoning Bylaw. Nursing Home: Any licensed facility where nursing care is provided to residents, including convalescent homes, rest homes, sanitariums and infirmaries. Office: A facility used for the regular performance of business transactions or professional services, including related administrative and clerical activities, but excluding a medical facility. Open Space: Public or privately owned land areas unobstructed to the sky that are not occupied by buildings, structures, parking areas, streets, or alleys. Open space shall be permitted to be devoted to landscaping, preservation of natural features, patios and recreational areas and facilities. Open Storage: An accessory use involving the outdoor storage or display of retail goods for sale. Overlay District: A zoning district, superimposed on one or more underlying zoning districts, that may be subject to restrictions in addition to those applicable in the underlying district or districts. 13 14 Place of Assembly: A facility providing accommodation for groups of people to gather, either regularly or occasionally, in an enclosed place, including theaters, cinemas, bowling alleys, lecture halls and banquet facilities. Professional Services: Work undertaken for others, predominately on the premises of an office, by doctors, dentists or financial, legal or similar professionals. Public Off -Street Parking Facility: A facility that is owned and maintained by the Town and provides parking for the general public, but excluding parking facilities that primarily provide parking for municipal employees or individuals doing business with the Town. Remote Parking Facility: A parking facility that is not located on the same lot as the use for which it provides parking. Repair Garage: A facility used for the general repair, rebuilding, or reconditioning of engines, motor vehicles or trailers, or providing collision services, including body, frame, or fender repair, and overall painting. Research and Development Facility: A laboratory or similar facility used for the primary purpose of research, investigation, experimentation, and testing activities related to the fields of electronics, engineering, geology, physics, or other scientific area, but excluding life science facilities. Residential Use: Any use of a building or part of a building for dwelling units, together with parking that is accessory to the dwelling units. Restaurant: Any business establishment principally engaged in serving food, drink, or refreshments, prepared either on or off the premises, for consumption by members of the public, which may include indoor or outdoor seating. Restaurant, Drive-through Window: Any restaurant where food and beverages are served by order from, and service to, vehicular passengers, whether or not the restaurant includes indoor. Restaurant, Fast Food: Any restaurant serving food that is available upon a short waiting time and is packaged or presented in such a manner that it can readily be eaten outside 14 the premises where it is served, but excluding restaurants that derive at least eighty percent (80%) of their food sales revenue from food consumed on the premises. Retail Services: A commercial use where services are provided for a fee directly to the general public for personal, business or household utilization with only incidental sale or lease of products Retail Store: A commercial use where consumer products are sold directly to the general public for personal, business or household consumption. 2.2.27 Ro-ad-s We Sta-ry l pfd Roadside Stand: An accessory retail store for the sale of agricultural products raised on the premises and articles manufactured from such products on the premises. Self -Service Storage Facility: A facility containing individual storage compartments separately leased to individuals, households, businesses or organizations. Senior Independent Living Facility: An extended or intermediate care facility that provides dwelling units for residents over the age of fifty-five (55), in single or multiple buildings or in separate townhouses or cottages, and may include common areas for the use of residents. Service Station: Any facility used primarily for the sale of gasoline, motor oil, lubricants or other minor automobile accessories and for the replacement or installation of parts and accessories. Service Station Minimart: A service station and convenience store located on the same premises. Setback: The actual distance of a structure from a property line or other specified reference point, line or area. Shared Parking Facilities: Parking facilities intended to serve more than a single user. 15 15 16 Solid Wastes: Any garbage, refuse, rubbish, or other discarded materials that may be in solid, liquid, or gaseous form. Special Permit: A permit issued in accordance with the provisions of Section 9 of Chapter 40A of the Massachusetts General Laws. Special Permit Granting Authority (SPGA): The Board or Commission designated as having authority to issue a particular Special Permit. Story: That portion of a building, other than a basement, included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, the space between the floor and the ceiling above the floor of such story. Structure: Any combination of parts or materials assembled and joined or mixed together in some definite manner or pattern at a certain location for any purpose or use, whether or not affixed to the land. Structures include swimming pools, tennis courts, sports courts and courts for athletic and recreational activity and the equipment and paraphernalia associated with any such court, but shall not include fences, garden walls and paved areas used solely for vehicular or pedestrian access. Townhouse: A dwelling unit that is arranged, intended or designed to be occupied by a single family and that is attached to one or more other dwelling units by one or more common walls, with each dwelling unit having its own exterior entrance. 16 17 Trucking Terminal: A facility for the receipt, transfer, short-term storage, and dispatching of goods transported by truck. z Use pui:oeses of these Bylaw, eaGh Use listed on any line S-16— 1 1.2.2, Table of Uses, is te be Gensidered differeRt frern any other use listed on any other lane in said SeGtion-. Use, Accessory: A use that -is customarily incidental and subordinate to, and located on the same lot as, a lawful principal use and that does not alter the character of the principal use. Use, Principal: An activity or purpose to which a lot or structure is, or is proposed to be, principally intended. Variance: Relief, issued in accordance with the provisions of Section 10 of Chapter 40A of the Massachusetts General Laws, from the literal enforcement of the provisions of the Zoning Bylaw. Warehouse: A building used for the storage or distribution of manufactured products, supplies, and equipment. Watershed: A land area, also known as a drainage area, that collects precipitation and contributes runoff to a receiving body of water or point along a watercourse. Wetlands Resource Area: A bank, freshwater wetland, marsh, meadow, bog, swamp, creek, river, stream, pond, lake, land under a water body, land within one hundred (100) feet of any of the foregoing wetlands resource areas; land subject to flooding or riverfront area, as defined in the regulations adopted pursuant to Section 40 of Chapter 131 of the Massachusetts General Laws or pursuant to Section 7.1 of the Reading General Bylaw. 17 18 Wholesale Business: A commercial use where merchandise is sold to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers; or where agents or brokers buy merchandise for, or sell merchandise to, such retailers, business users or wholesalers. Yard, Front: The area extending away from the lot line on which a lot has frontage and across the full width of the lot. Yard, Rear: The area extending away from the rear line of a lot and across the full width of the lot. Yard, Required: The minimum applicable front, rear or side yard as specified in Sections 6.2.3, 6.3 and 6.4 of the Zoning Bylaw that is required to be unoccupied by structures above grade except for specified uses or structures. Yard, Side: The area extending away from any side line of a lot between the lot line on which the lot has frontage and the rear line of the lot. 18 19 4.0 ADMINISTRATION Section 4.0 sets forth the duties and responsibilities for the Building Inspector, the Community Planning and Development Commission, the Zoning Board of Appeals, and other officials with respect to the administration of the Zoning Bylaw 4.1 Permits 4.1.1 The Building Inspector shall require of every applicant for a license or permit for any construction, alteration or use of any building, structure or premises, for which a permit or license is by law required, such written information, plans, specifications and other data deemed necessary for the full and accurate exposition of the proposed construction, alteration or use. Such material, so required, shall be kept on file in the records of the Building Inspector. 4.1.1.1 Whenever an application is made for a building permit to authorize construction on premises that the Building Inspector believes may be within an Overlay District boundary, the Building Inspector shall require the applicant to provide, as part of such application, a plan, certified by a registered land surveyor, of the lot on which such building is intended to be built showing the exact location of the district boundary; provided, however, that such a plan shall not be required where a building permit is applied for solely for interior work. 4.1.2 No building that has been erected, materially altered or relocated shall be occupied or used without an occupancy permit issued by the Building Inspector; and no such building permit shall be issued until the building and its use and accessory uses comply in all respects with the Zoning Bylaw. 4.1.3 The Building Inspector shall not grant a building permit for the construction or alteration of any structure that would violate any provision of the Zoning Bylaw. 4.2 Enforcement 4.2.1 The Building Inspector or his/her designee is hereby authorized as the officer responsible for the enforcement of the Zoning Bylaw. 4.2.2 Whoever violates any provision of the Zoning Bylaw shall be punished by a fine not exceeding three hundred ($300.00) dollars for each offense. Each day that such a violation continues shall constitute a separate offense. Upon any well-founded information that the Zoning Bylaw is being violated, or upon his own initiative, the Building Inspector shall take immediate steps to enforce the Zoning Bylaw, which may include filing a civil complaint for injunctive relief, an application for noncriminal disposition in accordance with the provisions of Section 1.8 of the General Bylaws and Section 21 D of Chapter 40 of the Massachusetts General Laws, or by any other manner authorized by law. The provisions of Section 4.2 shall apply to both the record owner and any lessee of the real property upon which a violation of the Zoning Bylaw occurs regardless of who caused or committed such violation. 4.2.3 If the Building Inspector is requested in writing to enforce the provisions of the Zoning Bylaw against any person allegedly in violation of the Zoning Bylaw and the Building Inspector declines so to act, s/he shall notify the party requesting such enforcement of his/her action or refusal to act, and the reasons therefore, in writing, within fourteen (14) days of receipt of such request. 4.3 4.4 Community Planning and Development Commission 4.3.1 Powers The Community Planning and Development Commission (CPDC) shall act on all matters within its jurisdiction under the Zoning Bylaw in the manner prescribed in Chapter 40A of the Massachusetts General Laws. It shall have the power: 4.3.1.1 To hear and decide applications for Special Permits in accordance with Section 9 of Chapter 40A of the Massachusetts General Laws and Section 4.3 of the Zoning Bylaw. 4.3.2.2 To conduct Site Plan Reviews in accordance with Section 4.6 of the Zoning Bylaw. 4.3.2.3 To propose, review, hold hearings and make recommendations on text or map changes to the Zoning Bylaw in accordance with Section 5 of Chapter 40A of the Massachusetts General Laws. 4.3.2.4 To review and act on preliminary and definitive subdivision plans in accordance with Sections 81 K-81 GG of Chapter 41 of the Massachusetts General Laws. 4.3.2.5 To review applications for endorsement of plans as "Approval Not Required" in accordance with Section 81 P of Chapter 41 of the Massachusetts General Laws. 4.3.2.6 To prepare a comprehensive/master plan in accordance with Section 81 D of Chapter 41 of the Massachusetts General Laws.. Special Permit Granting Authority 4.4.1 The Special Permit Granting Authority (SPCA) shall issue special permits in accordance with the procedure and provisions of Section 9 of Chapter 40A of the Massachusetts General Laws. 4.4.2 Unless otherwise specified in the Zoning Bylaw, the SPGA is the Community Planning and Development Commission (CPDC). 4.4.3 Any Special Permit shall lapse within two (2) years from the issuance thereof, if a substantial use thereof has not sooner commenced except for good cause. 4.4.4 In issuing Special Permits, the SPGA shall act in accordance with the provisions of Sections 11 and 16 of Chapter 40A of the Massachusetts General Laws, and shall consider the effects of the proposed use upon the neighborhood in particular and the Town at large in general. 4.4.5 The SPGA may grant a Special Permit if it finds that: 4.4.5.1 The proposed use will be suitably located in the neighborhood in which it is proposed and in relation to the entire Town. 4.4.5.2 The proposed use will be compatible with existing uses and other uses permitted by right in the same district. 4.4.5.3 The proposed use will not constitute a nuisance due to air and water pollution, flood, noise, dust, vibration, lights, or visually offensive structures and accessories. 4.4.5.4 The proposed use will not be a substantial inconvenience or hazard to abutters, vehicles, or pedestrians. 4.4.5.5 Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 4.4.5.6 Adjoining premises will be reasonably protected against any possible detrimental or offensive uses on the site, including unsightly or obnoxious appearance. 4.4.5.7 The proposed use will be in conformance with the sign regulations of Section 8 of the Zoning Bylaw. 4.4.5.8 The proposed use will provide convenient and safe vehicular and pedestrian movement within the site in relation to adjacent streets, property or improvements. 4.4.5.9 Adequate space will be provided for the off-street loading and unloading of vehicles, goods, products, materials, and equipment incidental to the normal operation of the proposed use. 4.4.5.10 Adequate methods of disposal and storage will be provided for sewage, refuse and other wastes resulting from the proposed uses, and adequate methods of drainage will be provided for surface water. 4.4.5.11 The proposed uses will ensure protection from flood hazards, considering such factors as elevation of buildings, drainage, adequacy of sewage disposal, erosion and sedimentation control, equipment location, refuse disposal, storage of buoyant materials, extent of paving, effect of fill, roadways, or other encroachments on flood runoff and flow. 4.4.5.12 The proposed use will ensure protection of water quality in both public and private supplies. 4.4.6 A Special Permit shall be issued only following a public hearing, which shall be held within sixty-five (65) days after the filing of an application therefor with the SPGA. 4.4.7 The SPGA may adopt and, from time to time, amend rules relative to the issuance of Special Permits, and shall file a copy of said rules in the Office of the Town Clerk. Such rules may prescribe the size, form, contents, style, and number of copies of required plans and specifications, as well as the procedure for application submittal and Special Permit approval. 4.4.8 The SPGA shall take final action on a Special Permit application within ninety (90) days following the close of the public hearing thereon. Failure by the SPGA to take final action on a Special Permit application within said ninety (90) days shall be deemed to be a grant of the Special Permit. 4.4.9 Special Permits shall require a vote of at least four (4) members of the SPGA. i22 4.5 Zoning Board of Appeals 4.5.1 Powers The Zoning Board of Appeals shall act on all matters within its jurisdiction under the Zoning Bylaw in the manner prescribed in Chapter 40A of the Massachusetts General Laws. It shall have the power: 4.5.1.1 To hear and decide appeals taken, in accordance with Section 8 of Chapter 40A of the Massachusetts General Laws, by any person aggrieved by an order or decision of the Building Inspector or by an inability to obtain a permit or an enforcement action from the Building Inspector 4.5.1.2 To hear and decide petitions for variances, including for use, in accordance with Section 10 of Chapter 40A of the Massachusetts General Laws. 4.5.1.3 To hear and decide applications for Special Permits for those uses for which approval of the Zoning Board of Appeals is required in accordance with the provisions of Section 4.3. 4.5.1.4 To hear and decide applications for extension or alteration, of nonconforming uses in accordance with Section 7.0 of the Zoning Bylaw. 4.5.2 Variances 4.5.2.1 No variance shall be issued pursuant to Section 4.4.1.2, unless the Zoning Board of Appeals finds that: a There are unique circumstances relating to the soil conditions, shape or topography that specifically affect the land or structure in question, but do not affecting generally the Zoning District in which the land or structure is located: b Literal enforcement of the Zoning Bylaw would involve substantial financial, or other hardship to the petitioner; c Desirable relief may be granted without nullifying or substantially derogating from the intent and purpose of the Zoning Bylaw, as set forth in Section 1.0; and d Desirable relief may be granted without substantial detriment to the public good. 4.5.2.2 In issuing a variance, the Zoning Board of Appeals may impose conditions, safeguards, and limitations of time and use; provided, however, that such conditions cannot require continued ownership of the land or structure to which the variance pertains. 4.5.2.3 If the rights authorized by a variance are not exercised within one (1) year of the date of its issuance, they shall lapse and may be reestablished only after a new application and hearing. 23 4.6 Site Plan Review 4.6.1 Purpose and Authority 4.6.1.1 Site Plan Review is a means of protecting the public interest through evaluating impacts of new development and redevelopment of land and structures within the Town of Reading. Site plan review is designed to manage aesthetics, minimize the potential for conflicts among uses and limit the impacts, through imposition of reasonable conditions, of uses that are otherwise permitted in the applicable district. The CPDC administers the Site Plan Review process for the following purposes: A. To protect and promote the health, safety, convenience, and general welfare of the inhabitants of the Town of Reading, and to ensure the integrity of its neighborhoods; B. To oversee acceptable site planning practices and to promote desirable architectural design within the Town of Reading; C. To address development issues comprehensively while ensuring a streamlined and efficient development review process; D. To provide for appropriate mitigation measures as a result of increased impacts to municipal services and infrastructure; E. To ensure consistency in the application of development standards and guidelines, and; F. To ensure proper monitoring and enforcement of Reading zoning and development regulations. 4.6.1.2 Guidelines, Regulations and Standards A. The CPDC may adopt reasonable Guidelines, Regulations and Standards governing procedures to be used for the administration of Site Plan Review. B. The proposed Guidelines, Regulations and Standards shall be submitted to all CPDC members at least 48 hours prior to any vote on their adoption, provided, however, that the CPDC may make such amendments to the proposed Guidelines or Regulations as it deems appropriate at said meeting. C. Upon adoption of any Guidelines, Regulations and Standards by the CPDC, a copy thereof shall be filed with the Town Clerk 4.6.2 Applicability 4.6.2.1 Single Family and Two Family dwellings, structures and routine maintenance or in-kind replacement of buildings are exempt from Site Plan Review. 4.6.2.2 Except as otherwise specified in Section .4.6.2.1, Site Plan Review is required if the proposed construction or site alteration involves any of the following: A. Exterior Alteration of 500 square feet of horizontal or vertical area or more; B. Construction or expansion of a Parking Lot involving 15 spaces or more; or C. New construction or a change of use requiring the creation or addition of 15 or more parking spaces. 4.6.2.3 Except as otherwise specified in Section 4.6.2.1 or Section 4.6.2.1, Minor Site Plan Review is required if the proposed construction or site alteration involves any of the following: A. Interior Alteration of 2,000 square feet of floor area or more; 24 B. Minor Exterior Alteration of 500 square feet of horizontal or vertical area or more that is limited to doors, paint, awnings, railings, step replacement, handicapped ramps or building code compliance measures; C. New construction or a change of use requiring the creation or addition of fewer than 15 parking spaces; or D. New construction or a change of use to an existing institutional, commercial, or multi -family structure. 4.6.2.4. Coordination with Special Permit A. Where proposed construction or site alterations require both site plan review and one or more Special Permits, the CPDC shall be the SPGA. B. Where both a Special Permit and Site Plan Review are required, the applicant shall seek both forms of relief simultaneously, and the CPDC shall generally conduct its review of both applications contemporaneously. 4.6.3 Minor Site Plan Review 4.6.3.1 The CPDC, through regulation, may authorize the Town Planner to grant administrative approval for a Minor Site Plan Review with or without conditions provided the proposed construction, expansion or alteration will not result in any adverse impact on surrounding areas. 4.6.3.2 Minor Site Plan Review Procedures The Applicant shall submit to the CPDC through the Town Planner's office, one electronic copy and eight (8) sets of plans showing the following: A written narrative explaining the proposed changes; Photographs of the existing site or area to be altered; and A rendering, site plan, plot plan or sketch. For Minor Site Plan Review by the CPDC, the Applicant shall also submit stamped addressed envelopes for the abutter notification. The Application and abutter envelopes are due at least two (2) weeks prior to the scheduled meeting. The Minor Site Plan Review shall not be considered complete, and a building permit shall not be issued, until a written approval is issued by the CPDC. Projects subject to a Minor Site Plan Review may be eligible for administrative approval and may bypass CPDC review if the Town Planner in accordance with Sections 4.6 determines, pursuant to regulations issued in accordance with Section 4.6.3.1, that the proposed construction, expansion or alteration will not result in any adverse impact on surrounding areas. 4,6.3.3 Waiver of Loading Zone Space Requirements Upon the applicant's request and submission of supporting documentation, the Community Planning and Development Commission may waive the requirements of Section 9.1 of the Zoning Bylaw as to the number of loading zone spaces upon a finding that there will be no adverse impact on surrounding areas. 4.6.3.4 Waiver of Parking, Loading Space and Related Design Requirements in the Business C District Upon the applicant's request and submission of supporting documentation, the Community Planning and Development Commission may waive or reduce the requirements of Section 9.1 for a site located in the Business C District upon a finding that there will be no adverse impact on surrounding areas. 25 4.6.4 Site Plan Review 4.6.4.1 Procedure A. An application for Site Plan Review shall be submitted to the CPDC through the Town Planner's office, for review and decision in accordance with the provisions of Section 4.6. The contents of the application shall be as specified in the CPDC Site Plan Review Guidelines, Regulations and Standards. All such applications shall include twelve (12) copies and one (1) electronic copy of the required materials; provided, however, that the CPDC may, at its discretion, waive the requirement to submit any required materials that it determines are not needed. B. Within ten (10) business days of submitting an application for a Site Plan Review, the Applicant shall initiate discussions with the Town Planner concerning any issues related to the completeness of the application. If this review discloses that all required materials have been submitted, the application shall be date stamped by the Town Planner. If this review discloses that all required materials have not been submitted, the Applicant shall be issued a written notice identifying which specific items are outstanding. No hearing date shall be scheduled until the Town Planner deems the application to be complete. C. Within five (5) days of the date stamp, the CPDC shall transmit one (1) copy of the application and plan to the Building Inspector, Director of Public Works, Fire Chief, Police Chief, and any other Town official whose review is requested. Such officials may, at their discretion, investigate the application and report their recommendations in writing to the CPDC. The CPDC shall not take final action on such application until it has received reports from such officials, or until thirty (30) days from the date of the transmittal, whichever is sooner. D. The CPDC shall schedule a public hearing for all Site Plan Review applications to be held within forty-five (45) days of the date stamp. This public hearing shall be advertised in the local newspaper once in each of two successive weeks prior to the meeting and a notice will be sent to property owners within 300 feet of the affected lot. Within forty-five (45) days after conclusion of the public hearing, the CPDC shall, approve, approve with conditions, or deny the Site Plan Review application and file a written decision with the Town Clerk. E. The applicant may request, and the CPDC may grant an extension of the time limits set forth herein. F. The Applicant shall satisfy or comply with all of the conditions of a Site Plan Approval prior to the issuance of a building permit except for those conditions that, by their terms, are intended to be satisfied during construction or later. The building permit application shall be accompanied by one (1) paper copy and one (1) electronic copy, in a format acceptable to the Building Inspector, of the plan that received Site Plan Approval, as well as a letter issued by a registered professional engineer, registered architect or registered landscape architect certifying, under pains and penalties of perjury, that such plan is consistent in all respects with the plan approved by the CPDC, and that all required conditions of Site Plan Approval have been satisfied. G. The Applicant shall satisfy or comply with all of the conditions of a Site Plan Approval prior to the issuance of a final certificate of occupancy unless otherwise specifically stated in the Site Plan Approval. H. 4.6.5 Review Criteria 4.6.5.1 All construction and site alterations subject to Site Plan Review shall be designed, after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the proposed construction and/or alteration, so as to: N A. Minimize the volume of cut and fill, the number of removed trees six inch (6") caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution; B. Maximize pedestrian, bicycle and vehicular access and safety, both on the site and entering and exiting the site; C. Minimize obstruction of scenic views from publicly accessible locations; D. Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or from residential properties; E. Minimize glare from headlights and light pollution emitted from on-site lighting fixtures; F. Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places; G. Ensure compliance with applicable regulations governing on-site waste -water disposal systems; H. Minimize contamination of groundwater from operations on the premises involving the use, storage, handling, or containment of hazardous substances; I. Provide appropriate landscaping and other site amenities so as to enhance the visual character of the property;!, J. Minimize environmental and other impacts to adjacent properties through appropriate restrictions of hours of operation, deliveries, noise, rubbish removal and storage or by other appropriate means. K. Provide adequate access to each structure for fire, public safety and service equipment; L. Provide adequate utilities and water and sewer service; M. Provide stormwater drainage and roadway and driveway layouts consistent with the functional requirements of the Town of Reading's Subdivision Rules and Regulations, any applicable federal, state and local regulations, and the standards of the Department of Public Works; N. Minimize impacts to abutting residential development; and O. Otherwise demonstrate compliance with the Zoning Bylaw. 4.6.5.2 The CPDC shall apply the criteria set forth in Section 4.6.5.1 to determine whether an application for Site Plan Review should be approved, approved with conditions or denied. 4.6.6 Lapse A Site Plan Approval shall lapse two (2) years after its issuance if construction pursuant thereto has not begun; provided however, that the CPDC may grant an extension of the two (2) year period, for a maximum of one (1) year, upon a finding of good cause, including the need to obtain other local, state, and federal permits duly applied for, at the written request of the applicant if submitted to the CPDC at least thirty (30) days prior to the expiration of the two (2) year period. 4.6.7 Approval. Conditions & Continuation of Site Plan Review The CPDC shall file a written decision with the Town Clerk stating that the application is approved as submitted, approved with conditions, or denied. The CPDC may impose conditions on any Site Plan Approval that it deems necessary or desirable. 4.6.8 Advertising Consultant Fees and Reports In addition to any application or advertisement fees required by the CPDC's Guidelines, 27 Regulations and Standards, the CPDC is authorized, at any point during the hearing or deliberations prior to a final decision., to require an Applicant to pay a consultant fee upon a finding that additional information, available only through an expert consultant is necessary prior to making a decision. Any applicant aggrieved by the CPDC's selection of an outside consultant may appeal such selection to the Board of Selectmen; provided, however, that the grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess either an educational degree in or related to the field at issue or three or more years of practice in the field at issue or a related field. Any unused portion of the consultant fee shall be returned to the applicant unless the CPDC decides at a public meeting that additional services will be required. The CPDC may, at its own discretion, waive any application or filing fee or consultant fee if the application is submitted by a government agency, including the Town and all its departments. 4.6.9 Modifications to Approved Site Plan 4.6.9.1 If, at any time before or during development, it becomes necessary or desirable to make modifications to a Site Plan, the Applicant shall appear at a regular meeting of the CPDC and submit, if required by the CPDC, plans showing the modification. Modification requests shall be processed in accordance with the rules governing Site Plan Review unless, upon review and determination by the Town Planner that the proposed changes qualify as a Minor Modification pursuant to Section 4.6.9.2 may be granted administrative approval; provided, however, that the following changes shall not be deemed to qualify as a Minor Modification: A. Any relocation or shifting of structures or parking areas; B. Any increase in the gross floor area of structures or any changes to the building envelope; C. Any change that requires additional water or sewer usage or the relocation of water and sewer utilities; D. Any increase in impervious areas, either by changes to structures or paved parking areas; E. Substantial changes to the approved architectural drawings, including changes in building materials and color. A meeting with the Town Planner prior to filing a modification request is recommended. 4.6.9.2 A proposed change may qualify for administrative approval as a Minor Modification if it would not substantially alter the concept of the approved Plan in terms of the qualities of the specific location, the proposed land use, the design of building form and approved building details and materials, site grading or egress points, and minor changes in site layout, topography, architectural plans, landscaping plan, traffic circulation, parking, lighting plan, signage or open space. 4.6.9.3 Upon approval of a Site Plan Modification, the applicant shall submit one (1) paper copy and one (1) electronic copy, in a format acceptable to the Building Inspector, of the modified plan, as well as a letter issued by a registered professional engineer, registered architect or registered landscape architect certifying, under pains and penalties of perjury, that the modified plan is consistent in all aspects with the approved modification and that all conditions of approval have been satisfied. 28 4.6.10 Appeal Any person aggrieved by a decision of the CPDC pursuant to Section 4.6 may appeal such decision to the Zoning Board of Appeals within twenty (20) days of the date filed with the Town Clerk. 5.3 Table of Uses 5.3.1 Table of Uses for Business and Industrial Districts 29 PRINCIPAL USES BUS A BUS B BUS C IND PUD -B Overlay PUD4 Overlay Residential Uses No No No Yes No SPP Single Family Dwelling Yes No No No No No Two Family Dwelling Yes No No No No No Multi -Family Dwelling Yes No Yes No No No Age restricted Multi -Family Dwelling No No Yes No No No Boarding House No No No No No No Sale or Lease of New-erl-sed Motor Vehicles Yes No No Yes No Yes Public and Institutional Uses Child Care Facility Yes Yes Yes Yes Yes Yes Adult Day Care Yes Yes Yes Yes Yes Yes Religious or Educational Use Eligible for the Protection of M.G.L. c.40A, §3 Yes Yes Yes Yes Yes Yes Other Religious or Educational Use Yes Yes Yes Yes Yes Yes Medical Facility SPP SPP 1 No SPP SPP SPP Nursing Home SPP SPP Yes No No No Assisted Living Facility or Senior Independent Living Facility SPP SPP Yes 3 No No No Non -Profit Philanthropic Institution or Cultural Facility SPP SPP SPP SPP SPP SPP Civic or Private Club Yes Yes No No No No Community Center Yes Yes Yes No SPP No Business and Service Uses Restaurant Yes Yes SPP Yes SPP Yes Fast Food Restaurant Yes Yes No SPP SPP No Restaurant with Drive-through Window SPP No No SPP No No Bar or Tavern No No No No No No Retail Store, up to 35,000 square feet Yes Yes Yes Yes Yes Yes Retail Store, more than 35,000 square feet No No No No SPP SPP Retail Store with Drive-through Window SPP No No SPP SPP No Convenience Store Yes Yes Yes Yes Yes SPP Office Yes Yes Yes Yes SPP No Health, Exercise or Fitness Club Yes Yes Yes Yes Yes Yes Place of Assembly SPP SPP SPP SPP SPP SPP Retail Services Yes Yes Yes Yes Yes Yes Consumer Service Retail Establishment Yes Yes Yes Yes Yes Yes Professional Services Yes Yes Yes Yes SPP No Facility for skilled trades Yes Yes Yes 4 Yes 4 SPP Yes Financial Institution Yes Yes Yes Yes SPP Yes Computer Services Facility Yes Yes Yes Yes SPP Yes Hotel or Motel SPP Yes Yes Yes Yes Yes Tourist or Trailer Camp No No No No No No Funeral Establishment Yes Yes No Yes SPP No Animal Hosoital Yes Yes No Yes SPP No Animal Kennel SPP No No SPP SPP SPP Self -Service Storage Facility No No No Yes No SPP Wholesale Business with No Warehouse Yes SPP Yes Yes Yes SPP Wholesale Business with Warehouse No No No Yes No SPP Junkyard No No No SPP No SPP Automotive Uses Sale or Lease of New-erl-sed Motor Vehicles Yes No No Yes No Yes 11 30 PRINCIPAL USES BUS A BUS B BUS C IND PUD -B Overlay PUD -1 Overlay Short -Term Rental of Motor Vehicles or Mobile Equipment Yes No No Yes No Yes Service Station Yes Yes No Yes No Yes Service Gas Station Minimart Yes No No Yes No Yes Automotive Repair Yes Yes No Yes No Yes Car Wash, Self -Service SPP No No No No No Car Wash with mechanical equipment for cleaning automobiles Wor other vehicles SPP No No SPP No No Commercial Parking Facility Yes Yes No Yes No No Auto Grave and No No No No No No Industrial Uses Computer Services No No Yes Yes SPP Yes Life Science Facility No No I Yes Yes Yes Yes Research and Development Facility No Yes Yes Yes Yes Yes Publishing and Printing No Yes Yes Yes Yes Yes Communication Facilities SPP SPP Yes Yes SPP SPP Commercial Communications Structure SPA SPA SPA SPA SPA SPA Service Facility or Accessory Building Providing Enclosed Storage No No No Yes No Yes Trucking Terminal No No No No No No Light Manufacturing No No No Yes No Yes Manufacturing No No No Yes No Yes Enerqv Production, Renewable sources No No No SPP No SPP Energy Production, Conventional sources No No No SPP No SPP Wholesale Bakery or Food Production No No No SPP No SPP Recreational Uses Commercial Amusements SPS SPS No SPS SPS SPS Indoor Recreation No No No SPS No SPS Place of Assembly Yes SP Yes No Yes Yes Yes Other Uses Public Utilities Yes SPP Yes Yes SPP Yes Registered Medical Marijuana Dispensary No No No SPP No No Adult Uses No No No SPP No No Live/Work Facility SPP SPP SPP No No No Agriculture Use Eligible for the Protection of M.G.L. c.40A, §3 Yes Yes Yes Yes Yes Yes Other Agriculture Use SPP SPP SPP SPP SPP SPP Structures Accessory to Agriculture Use Eligible for the Protection of M.G.L. c.40A, §3 Yes Yes Yes Yes Yes Yes Commercial Earth Removal SPA No No SPArNo SPA MiningNo No No No No Uses Substantial) Similar to a B -Ri ht Use SPA SPA SPA SPA SPA ACCESSORY USES BUS A BUS B BUS C IND PUD -I OverlaAgriculture Use Eligible for the Protection of M.G.L. c.40A, §3 Yes Yes Yes Yes Yes Other Agriculture Use Yes Yes Yes Yes Yes Yes Structures Accessory to Permitted Agriculture Use Yes Yes Yes Yes Yes Yes Structures Accessory to Agriculture Use Eligible for the Protection of M.G.L. c.40A, §3 Yes Yes Yes Yes Yes Yes Attached Accessory Apartment Contained Within an ExistingSingle-family Dwelling Yes YesNo No No No 2 31 ACCESSORY USES BUS A BUS B BUS C IND PUD -13 Overlay PUD -t Overlay Detached Accessory Apartment Associated with an Existing Single -Family Dwelling SPA SPA No No No No Yes No SPP SPP Two Family Dwelling No Yes Home Occupation SPP SPP No SPP No No Bed and Breakfast Yes Yes Yes No No No Family Child Care Home SPP SPP SPP No No No Animal Kennel No No No No No No Retail &/or Personal Services solely for employee Use, within manufacturing or office Yes Yes Yes Yes Yes Yes Manufacturing and Industrial Operations Yes Yes Yes Yes Yes Yes Storage of commercial building materials, equipment, or vehicles over 10,000 poundS6 No No No No No No Storage of commercial landscaping equipment, materials, supplies, and/or commercial vehicles over 10,000 pounds No No No No No No Short -Term Rental of Motor Vehicles or Mobile Equipment Yes No No Yes No Yes Open Storage SPP No No SPP SPP SPP Service Facility or Accessory Building Providing Enclosed Storage Yes Yes Yes Yes Yes Yes Commercial Automotive Repair or Service Station No No No No No No Preservation of a Carriage House, Stable, or Barn for Use as a Detached Accessory Apartment Yes No No No SPP No Beacon No No L No No No No Notes: In a Business A District a single family dwelling existing prior to April 1942, which at that time had at least eight (8) finished and habitable principal rooms may be altered into a two family dwelling, provided that the external appearance of a single family dwelling is retained. 2 Townhouse style Multi -Family Dwelling only in Business C Planning Subdistrict A. 3 Permitted only in Business C Planning Subdistricts B and D. Requires on-site garage for all vehicles and enclosed storage for all materials. 5 The total number of children under age sixteen (16) in a family child care home shall not exceed six (&) ten (10), including participating children living in the residence. 5 Except by a contractor performing construction work on the premises. 5.3.2 Table of Uses for Residence Districts PRINCIPAL USES RES S-15 S-20 S-40 RES A-40 RES A-80 PRD -G PRD -M PUD -R Residential Uses Single FamilyDwellingYes Yes No SPP SPP Two Family Dwelling No Yes No SPP SPP Multi -family Dwelling No Yes Yes SPP SPP Age Restricted Multi -family Dwelling No SPP SPP SPP SPP Boarding House No Yes No No No Public and Institutional Uses Child Care Facility Yes Yes Yes Yes Yes Religious or Educational Use Eligible for the Protection of M.G.L. c.40A, §3 Yes Yes Yes Yes Yes Other Religious or Educational Use SPP No No SPP No Medical Facility No SPP No No No Nursing Home SPP SPP I No No SPP 3 ACCESSORY USES RES RES A-40 RES A-80 PRD -G PRD -M PUD -R PRINCIPAL USES S-15 RES RES PRD -G PUD -R Other Agriculture Use S-20 A-40 A-80 PRD -M SPP Structures Accessory to Permitted Agriculture Use S-40 Yes Yes Yes Yes Assisted Living Facility or Senior Independent Living SPP SPP No SPP SPP Facilit Yes No No No No Non -Profit Philanthropic Institution or Cultural Facility SPP SPP SPP No SPP Civic or Private Club SPA SPA SPA No No Community Center No SPP SPP SPP SPP Attached Accessory Apartment Contained Within New Construction of a Single family Dwelling SPA No No No No Other Uses Public Utilities Yes Yes Yes Yes Yes Agriculture Use Eligible for the Protection of M.G.L. SPP SPP SPP SPP SPP c.40A, §3 Yes Yes Yes Yes Yes Other Agriculture Use SPP I SPP SPP SPP SPP Structures Accessory to Agriculture Use Eligible for the No No No No No Protection of M.G.L. c.40A, §3 Yes Yes Yes Yes Yes Commercial Communications Structure within an No No No No SPP Interstate Highway right-of-way SPA No SPA No No ACCESSORY USES RES S-15 S-20 S-40 RES A-40 RES A-80 PRD -G PRD -M PUD -R Agriculture Use Eligible for the Protection of M.G.L. c.40A, §3 Yes Yes Yes Yes Yes Other Agriculture Use SPP SPP SPP SPP SPP Structures Accessory to Permitted Agriculture Use Yes Yes Yes Yes Yes Roadside Stand Yes Yes Yes Yes Yes Attached Accessory Apartment Contained Within an Existinq Single family Dwelling Yes No No No No Detached Accessory Apartment Associated with an Existing Single Family Dwelling SPA No No No No Preservation of a Carriage House, Stable, or Barn for Use as a Detached Accessory Apartment SPA SPA SPA No No Detached Accessory Apartment Associated with New Construction of a Single family Dwelling SPA No No No No Attached Accessory Apartment Contained Within New Construction of a Single family Dwelling SPA No No No No Home Occupation Yes Yes Yes Yes Yes Bed and Breakfast SPP SPP SPP SPP SPP Famil Child Care Home Yes Yes Yes Yes Yes Service Facility or Accessory Building Providing Enclosed Storage Yes Yes Yes Yes Yes Storage of commercial building materials, equipment, or vehicles over 10,000 pounds No No No No No Storage of commercial landscaping equipment, materials, supplies, and/or commercial vehicles over 10,000 pounds No No No No No Accessory Convenience Store No No No No SPP Commercial Automotive Repair or Service Station No No No No No Accessory Retail Services or Retail Store No No No No SPP Animal Kennel No No No No No Notes: ' In a Residence District a single family dwelling existing prior to April, 1942, which at that time had at least eight (8) finished and habitable principal rooms may be altered into a two family dwelling, provided that the external appearance of a single family dwelling is retained. 11 32 33 2 The total number of children under age sixteen (16) in a family child care home shall not exceed &ix (6) ten (10), including participating children living in the residence. 3 Except by a contractor performing construction work on the premises. 5 cf) U) Cl) (-°n D II II II 0 cn-0-0 n• n o F. 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S. > $m 0 CD � CD . - a i 5.5 Accessory Buildings or Structures 5.5.1 Permitted Accessory Buildings or Structures The following requirements shall apply to any accessory buildings or structures permitted in accordance with the Tables of Uses (Sections 5.3.1 and 5.3.2). a Accessory buildings or structures located within a required yard shall be limited to one story. Accessory buildings may be used for Accessory Apartments only as may be permitted pursuant to Section 5.4.7 of the Zoning Bylaw. b In any Residence District, no accessory structure or building may have a footprint larger than either 600 square feet or twenty-five percent (25%) of the gross floor area of the principal structure, whichever is greater. c No accessory building or structure may be located within a required front yard. d An accessory building or structure located less than 10 feet from the principal building on the lot shall be subject to the same dimensional requirements applicable to the principal building. e No accessory building or structure may be located within a required side yard except for a garage accessory to a single or two family dwelling, or a garage accessory to any permitted principal use located in a Residence District; provided, however, that such accessory garage shall be located at least ten (10) feet from the principal building and from the nearest side lot line. f No accessory building or structure may be located within a required rear yard except for a building accessory to a one or two family dwelling, or accessory to any permitted principal use located in a Residence District; provided, however, that such accessory building or structure shall not occupy more than twenty- five (25) percent of the required rear yard and shall be located at least ten (10) feet from the principal building and five (5) feet from the nearest rear lot line. g Fennels of a height not to evneed six (6) foot and Flagpoles of a height not to exceed twenty (20) feet and fences shall be exempt from the yard requirements set forth in Section 6.0 of the Zoning Bylaw. FeRGes that serve as between inrl tri I and nommernial uses may evneed six (66) feet A building permit is required for a fence exceeding six (6) feet in height. h Nonresidential accessory structures, including vending machines and video and electronic game kiosks, shall be required to meet the yard requirements for the principal structure on the lot, except as may otherwise be authorized by Special Permit from the Zoning Board of Appeals. i The following accessory structures may be allowed by Special Permit by the Community Planning and Development Commission (CPDC) in all districts provided that such accessory structures meet all yard requirements. 1) A truck trailer used for storage or advertising. 2) A stand-alone shipping or storage container. 45 46 3) A steel storage unit. j Temporary Storage units may be allowed by Special Permit by the CPDC in Residence Districts for a period not to exceed ninety (90) days, subject to all applicable yard requirements: