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Home My WebLink About2010-05-03 Annual Town Meeting MinutesANNUAL TOWN MEETING Reading Memorial High School May 3.2O1O The meeting was called to order bythe Moderator, Alan E. Fou\da. at 7:36 p.m., there being a quorum present. The Pledge of Allegiance to the Flag given. Motion made by Ben Tefoyato bring Article 13 off the table Presentation given by Peter Hechanb|oiknar, Town Manager - giving an update on the Emergency Meeting of the Board of Ge|enbnmn prior to Town Meeting - Peter gave on update on the Boil Water issued by the yNVVRA Moderator, Akan Fou|de excused himself to due to possible conflict of interest, ownership of restaurant in Reading. Town Ckark, Laura Gennme requested nominations for an Acting Moderator; Ben Tafoya nominated Paul Dustin. Motion for Paul Dustin to act as Moderator Carried ARTICLE 13 — On motion by George Hines, Chairman of the Finance Comnittee, it was voted to accept the provisions of Massachusetts General Lawn Chapter 64L, § 2(a) to impose a local sales tax upon the sale of restaurant meals originating within the Town by vendor atthe rate of .75 percent of the 0rnoo receipts of the vendor from the ooie of restaurant meals to byba effect July 1.2O1O, Presentations given byK8emia West and Barry Berman FinCom Report given by Barry Berman in support U-1-0 (/ Bylaw Committee Report given by Philip Pacino - Bylaw Committee does not support Article 13 School Committee Report given by Charles Robinson - School Committee unanimous supports Article 13 After some discussion a Motion was made by Frank Driscoll, Precinct 3 to move the question 2/3 Vote required 32 Voted in the affirmative 117 Voted in the negative Motion to move the Question Does Not Car[y After some discussion a Motion was made by Nancy Graham, Precinct 4 to move the question 2/3 Vote required 125 Voted in the affirmative 19 Voted in the negative Motion to move the Question Carries Motion made bv Bill Brown, Precinct 8for a Roll Call Count -2U votes for Roll Call Count must bm present -21 voted for Roll Call Motion for Roll Call Vote Carried Annual Town Meeting April 2Q.2U1O Roll Call Vote taken - Members voted as follows 116 Voted in the affirmative 35 Voted in the negative 36 Did not cast a vote Members vote attached Motion Carried Annual Town Meeting April 29, 2010 I I Annual Town Meeting -2O1O Roll Call Vote - Article 13 unt 11 Last Name 11 -First Name IIMIIII 11 Addrass 11 Term 11 Position 11 Vote !Andrews Francis 1 2012 ` 3 Benjamin Roy A 3r 105 Colonial Drive 2011 Y 4 lClarke Sheila M 536 Haverhill Street 2013 5 �Connery Thomas William 101 Beaver Road 20'12 N 6 Crawford Lynne IA 10 Eastway 2011 Y 156 Colonial Drive 2012 Y 8 D'Entremont Keith J 1392 Haverhill Street :2011 N 9 i D'Entremont Roger 11 '398 Haverhill Street 12011 N 10 iDockser !Mark L 110 Beaver Road --- 1 2011 11 Docktor Nancy A 371 Pearl Street 2012 N 113 Huntington-Stager Nancy 42 Autumn Lane 2012 N 14 Lee David Francis IJr 55 Beaver Road 2012 'Mounteer Ellen 99 Colonial Drive Y 15 -12011 17 O'Keefe Ronald Thomas Jr 44 Batchelder Road �2013 Chairperson N 18 Patterson Joseph E 1 18 Granger Avenue 2013 Y 19 'Perry Paula 40 Beaver Road 2011 Y 20 Perry Steven L 40 Beaver Road 2013 Y 21 �Rigney James F 22 Brewer Lane 2013 Y 22 IStager James E 42 Autumn Lane 2012 1 Y 23 Webb Douqlass 309 Pearl Street 2013 Y 24 Webb Elaine L 309 Pearl Street 2011 Y Town ofReading Precinct Annual Town Meeting -2O1D Roll Call Vote - Article 13 Town of Reading Precinct 2 Last Name First Nam F Addrei xM11 Position 1 Bastiani Anthony 27 Chequessett Road 2011 2 Connearney Joseph T Sr 26B Carnation Circle 2011 3 Cournounduros Peter G 24 Smith Aveune 2013 Chairperson --- 4 Ford IChristine 195 Salem Street 2012 Y 5 Iozzo Denise M 1!30 Johanna Drive 2013 Clerk Y 6 Janowski Karen 30 Azalea Circle 2012 Y 7 Lam Wei iE J50 Pleasant Street 2011 Y 8_ 9 F�Ma I i n s, k i McDonald Lizabeth Gerard lAnn 2b Harrison Street 14 John Street 2012 2011 Y 10 McNeice Paul 120 Jo hanna Drive 2011 Y 12 Morelli Robert R ]236 Salem Street 2012 13 lNelson Ian A 266 Haverhill Street 2013 Y 14 O'Rourke Thomas B 50 Chequessett Road 2012 Y 15 O'Sullivan David H 18 Thorriclike Street 2011 16 Peters Reginald T 73 Bay State Road 2011 Y 17 Rice Brooks E 16 Eaton Street 2013 18 19 Rickley Robertson Anthony Paul IL F 195 Timberneck Drive 19 Elm Street 2013] 2013 Y N Rita 9 Elm Street 12012 N 20 21 Robertson Ryan Priscilla 42 John Street 12013 Y 22 23 Snow Sullivan George John A B 237 Salem Street #2 1.134 Belmont Street 2011 2011 24 Sullivan �Kim Marie 1 Charles Street #C 2012 Town of Reading Precinct 2 AnnuaTownyNeeUng-2O1O Roll Call Vote - Article 13 untilU U U U U Last Name 11 First Name 11M111 11 Address hard Norman 276 Ash Street 120- Position 11 Vote 2 Brungardt Christopher L 1324 South Street 2012, Y 3 Craven iDavid A 22 Beech Street 2011 4 Crook !Stephen L 1137 Pleasant Street 2012 Y 5 D'Alessio Joseph M 158 Curtis Street 2012 Y 6 Downing William H 14 Avon Street 2013 Clerk 7 Driscoll Francis P 7 Ordway Terrace 2012 Chairperson Y 8 Duran Jeanne Macdonald 13 Cross Street 2011 9 Eagleston 1 Richard W Jr 51 Cross Street '2011 N 10 JFratto Kara Marie 129 Pleasant St 2013 N 11 Hank William M 70 Walnut Street 2013 T Y 12 Hank Linda A 70 Walnut Street Y 13 �Hurley Lawrence A 274 Ash Street 2011. 14 lJones Randall W 1 Cross Street 2011 N 15 �Oston Steven G 66 Sturges Road 2013 Y Bolton Street 2012 Y 16 Rojas Eileen S.K1 17 Safina Nicholas J 221 South Street 2012 Y 18 Spinney Sheila C 323 South Street 2011 19 Tibbetts Kathleen M 512 Summer Avenue 2011 Y 20 Tuttle David B 27 Heather Drive 2012' Y 21 Tuttle Jason D 27 Heather Drive 2013 22 Westerman Joseph IP 17 Avon Street 2012 Y Town of Reading Precinct Annual Town Meeting -2O1O Roll Call Vote - Article 13 Count IF Last Name77[ First Name Address IlTermil Position Vot 1 Abate Richard P 280 Woburn Street 2013 Y 2 Barnes Jonathan E 41 Pratt Street 2012 Y 3 Cameron Lynne H 39 Ellis Avenue 2012 Y 4 Coco Richard H 4 Fremont Street 2012 N 5 Curtis -----jMarie 6 -[Fratto Richard H ij 15 Holly Road 58 Oak Street 2013 2011 N N 7 jGoldy 'Stephen A 42 Berkeley Street 2013 8 :Graham 9 IGraham iNancy !Russell M T 1 26 Holly Road Maple Ridge Road 2011 Chairperson 2011 Y Y 10 IGrimes Andrew W 1103 Oak Street 2013 Y 12 Hopkinson lMichelle M 21 Sherwood Road 2012 Y 13 Lautman David 132 Oak Street 2011 Y 14 15 jLouqhlin Lenox James Thomas G J 10 sylvan Road 24 Oak Street �2012 [2012 Y 16 McDonald Ic Ri hard E 80 Red Gate Lane i2013 Y 17 :Simmons Harry M 17 Pine Ridge Road 2011 19 ITwomey Nancy 3 23 California Road 2011 Y 20 Vinciguerra Ralph L 98 Pine Ridge Road 2013 Y 21 Vinciguerra Lori L 98 Pine Ridge Road 2012 Y 22 West Marsie K 13 Whitehall Lane 2011 Y 23 'Wilson Matthew L 1.385 bummer Avenue 2013 Y Town ofReading Precinct Annual Town Meeting -2O1O Roll Call Vote - Article 13 Town ofReading Precinct Last Name� First Name Address IlTermil Position 11 Vote 2 !Adams lAnderson Charles Linda L L 13 Riverside Drive 9 School Street 2013 2012 Y Y 3 �Anthony Camille W 26 Orchard Park Drive 2011 Y 5 Binda Angela F 10 Orchard Park Drive Clerk Y 6 7 9 Cotter Dinardo !Dustin Bernard Daniel Christina Paul Robert L Sr 49 Riverside Drive 129 High Street !3 Orchard Park Drive 43 Chute Street �450 Summer Avenue 111JademTerrace __�:[2 Y Y Y 2011 12011 T2013 �12 C s __10 11 1.2 Fuller 'Garrison Bo 13 Giacalone Susan A 9 Orchard Park Drive 201 14 Higgott Eleanor K 18 Buckingham Drive 2012 N 15 Jones Janice M 22 Mt. Vernon Street 2013 �Chairperson Y 16 Kelley Timothy J 84 Woburn Street 2011 Y 17 Mabjus Lawrence E 59 Riverside Drive 18 Nihan Gary M 33 Dudley Street 2011 Y 19 O'Sullivan Patrick P 78 Sunnyside Avenue 2013 N 20 IPacino 21 22 IShaffer Rushworth Philip B Frederick 5 Washington Street 36 Knollwood Road 67 Woburn Street 2013 2012 .2011 N Y N 23 ISnyder !Gina M 11 Jadem Terrace ___]�2012 -12013 24 ITalbot David A 75 Linden Street Y Town ofReading Precinct Annual Town Meeting -2U1D Roll Call Vote - Article 13 Fc—ountF Last Name7E First Name Address Term Position 0 1 !Berman Barry 154 Longview Road 2012 Y E 100 Grove Street 2012 N A 31 Enos Circle 2011 --- 4 VAddario Ronald M 97 Summer Avenue 2011 1 Y 7 Mandell Robert L 441 Lowell Street 2011 1 N 8 !Miles John IM 1532 West Street 2011 N vey James P 18 Palmer Hill Avenue 2012 Chairperson N 10 :O'Neill Mary Ellen 125 Summer Avenue 2012 Y 11 1 Parr Thomas J 22 Garrett Road 2012 Y 12 :Parr Mary 22 Garrett Road 2012 Y 13 :Phillips IGary i D '42 Willow Street 2011 N IPiper 15 Allison M 142 Willow Street 16 Robinson Chuck TS Prospect Street 2012 Y 17 Russell John W '23 Plymouth Road 2013 Y 18 !Selvitelli Greg F 25 Arnold Avenue 2013 Clerk Y 19 Shields Peter A 31 Randall Road 2011 Y 20 !Smith Beverly Lynn 43 Enos Circle 2012 Y 21 :;Smith Chad R 517 West Street 2013 N 22 'Wood-Beckwith Drucilla 17 Palmer Hill Road 2013 Y Town of Reading Precinct Annual Town Meeting -2O1O Roll Call Vote - Article 13 unt 11 Last Name 11 First Name 11M111 11 Add,,-,, 11 Term 11 Position' 11 Vote son !Carl F 111 74 Whittier Roac Y 2 JCaruso Christopher 77 Hartshorn Street 2011 3 Chiappini Michele Weber 50 Locust Street 2011 Y 4 Commito Ellen C 78 Hanscom Avenue 2011 Y 5 Dahl Harvey J Pete 16 Tennyson Road 2011 Y 6 Donnelly-Moran Charles IV 32 Vale Road 2013 Y 7 Doucette 13effrey M 30 Vale Road 2012 Y 8 Downing Jesse M 191 Whittier Road 0 12 9 Downing John K Jack 91 Whittier Road 20 11 Y 10 Foodman Martin 3 21 Hanscom Avenue 2012 Y 11 Hines George V 35 Grand.Street 2011 --- 12 Jarrin Hurtado Mario A 36 Parkview Road 2012 --- 13 Kozlowski Norman F ton Road 2013 J N 14 Matheson Nancy �13 27 Auburn Street 12013 15 IMcGoldrick Moira 18 Winthrop Avenue 2012_jClerk Y 16 !Michaud !Sandra J 137 Estate Lane 12013 17 Porter Darlene C 193 Lowell Street 2013 Y 18 Sansalone Frances C 72 Winthrop Avenue 2013 Y 19 Schubert Richard W 119 Winthrop Avenue 2013 Y 20 Segalla John C 115 Hanscom Avenue 2013 N 23 Weld Ka rl E 60 Highland Street 2012 N 24 Wyer Denise ID 228 Forest Street 2012 Chairperson Y Notes: 11 Town ofReading Precinct Annual Town Meeting -281D Roll Call Vote - Article 13 Count] Last Name� First Name Address IlTermil Position I Vot 1 Beckman Robert 1 26 Sunset Rock Ln 12011 Y 2 Brown William C 28 Martin Rd 2011 N, 3 Brzezenski John E 60 Terrace Park 2012 --- 4 Cooper Kendra JG 20 Covey Hill Road 2013 N 5 jDavarich Scott 8 Twin Oaks Rd 2012 Y 2012 Y 7 IFinch 0 51 Mill St 12012 162 Martin Rd 12011 Y __10 Hecht !Olive B 1-1 73 Martin Road 12013 Y iWilliam I Sr 73 Martin Rd 12013 Y 12 Herrick Karen Gately 19 Dividence Rd 2012 IChairperson N 14 Lloyd Patricia 1 388 Franklin St 2013 Y 15 �Lordan James F Jr 26 Fairchild Dr 2013 N 16 MacKenzie Bruce A 102 Sanborn Ln 2012 Y 18 Perry George B 11 1230 Franklin St 2013 N 20 Russel I John I H ti 191 Spruce Rd ;2013 21 IRussell 'Margaret W 191 Spruce Rd 2013 22 1 Stosez Richard +3 25 Emerso n St 2012 Town ofReading Precinct ARTICLE 20 - On motion by James 8nnazo|i. Board of Selectmen, it was voted to appropriate the sum of $61.001 for the purpose of constructing the California Road sewer, including any | | associated costs; and that to meet such opprophation, that said eunn shall be transferred from unexpended proceeds of the Town's Sewer Bonds doted November 1. 2007 which were issued for the construction of the SunnyoidoAvenue sewer pursuant to the vote of the Town Meeting pensedun April 30. 2007 (Article 23); and that the Board of Selectmen be authorized to bake any other action necessary to carry out this project; provided, however that no expenditure ohoU be made hereunder until the Board of Selectmen determine (which determination shall be conclusive) that after the transfer of such unexpended bond proceads, the remaining amount of unexpended bond proceeds from the Town's Sewer Bonds dated November 1. 2007 is sufficient tn complete the Gunnyaide Avenue sewer project nyferredtoabove, PreeentaUongivenbvGeorgeZembounaa - PreoentaUonAttanhed FinCom Report given by Matthew Wilson - FinCorn voted to support 7-0-0 2/3 Vote required 125 Voted in the affirmative 1 Voted in the negative Motion Carried 3 Annual Town Meeting April 2Q.201O MW dfi To CALIFORNIA ROAD sm EM SEWER REPLACEMENT Article 20: FY 2011 California Road Sewer Deficiencies Determined During III Work— 2009 Replacement of 570 LF Sewer and Appurtenances Estimated Cost $185�000 M0652IIIII Article 20: FY 2011 California Road Sewer Surmyside Avenue — Completed Spring 2008 Total Expenditures $303,999 Unexpended Funds $61,001 I - ARTICLE 21 — On motion by Richard Schubert member of Board of Selectmen, it was voted to accept the provisions of Massachusetts General Law Chapter 148, Section 261 which provides that any building constructed or substantially rehabilitated so as to constitute the equivalent of new construction and occupied in whole or in part for residential purposes and containing not less than four dwelling units including but not limited to lodging houses, boarding houses, apartments, hotels, condominiums and group residences shall be equipped with an automatic sprinkler system in accordance with the Massachusetts State Building Code. Presentation given by Chief Burns, Fire Department - Presentation Attached Bylaw Committee voted in support 3 -0 -0 Motion Carried 4 Annual Town Meeting April 29, 2010 Article 21 Requests Town Meeting accept Massachusetts General Law Chapter 148 Section 26i as a local option. - This law requires residential buildings with four or more units to be equipped with fire sprinklers when: They are constructed new. Or substantially rehabilitated to constitute the equivalent of new construction. Article 21 Currently, residential buildings are not required to be equipped with automatic sprinklers unless: - It is a high rise building (over 70 feet in height). - The building exceeds 12,000 square feet. - A mixed use building would be required to be sprinklered if it exceeded 7,500 square feet. Article 21 Communities that are geographically close to Reading that have adopted Massachusetts General Law Chapter 148 Section 261: Wakefield • North Reading Stoneham Winchester Woburn Burlington Wilmington • North Andover Article 21 National statistics show that properly installed and maintained automatic fire sprinkler systems help save lives. — This law improves the life safety of residents in larger residential buildings. • Because fire sprinkler systems react so quickly, they can dramatically reduce the heat, flames, and smoke produced in a fire. 1 ARTICLE 22—Onmotion by Stephen Goldy. member ofBoard of Selectmen, itwas voted to indefinitely postpone the subject matter of Article 22. Motion Carried ARTICLE 23 — On motion by Kara Fratto, it was voted to amend Article 2, Town Meeting, of the Town of Reading General Bylaws as follows (new language inita|icn): 1'1 General 2.1.0 Any tax onoNor fee increase rejected bya vote of Town Meeting cannot be brought back before Town Meeting for approval for a period of eighteen (18) months. Nothing in this section limits the Town's ability bx put such tax enoyhr fee increase on the ballot et the next local election for voter approval, Motion made bv Kara Frotto. Precinct 3to Indefinitely Postpone Motion to Postpone Carried ARTICLE 24-0nmotion by Ben Tafoya.Chairman of the Board of Selectmen, d was voted to _ authorize the Board of Selectmen to convey a sewer easement to the owner of the land located at 757 Main Street which easement ia shown on o plan entitled: "Easement Plan 767 Main Street Reading. Massachusetts, dated February 25. 2010`" upon such terms and conditions and for such consideration as the Board of Selectmen deems to be in the best interest of the Town. |nformotiongkenbvGeorgeZambomras - SeeAttacment 2/3 Vote required Declared unanimous by Moderator Motion Carried 5 Annual Town Meeting April 2A.201O O C a+- tD CD D] t�Y3 `3 Map 22 Lot 261 CONDO 1 Charles St. ZONING DISTRICT – A4O Iran Rod (Fnd) I certify that the property lines shown hereon are the lines dividing existing ownership, and the Ilnes of streets and ways shown are those of public or private streets already established, and that no new lines for division of existing ownership or for new ways are shown. 1 certify that this plan was prepared in ....dance with the rule. and regulations of the Registers of Deeds. PROFESSIONAL LAND SURVEYOR DATE 249 .ding t. 1 Deed 11oa1 41433 Page 279 2 Deed Book 3273 Page 146 3 Plan Book 119 PI— 47 4 Plan #1286. of 1974 5 Plan of Land in Reading, MA Prop. Mr. Station. Scale 1" =20' Dec 1988 EASEMENT PLAN 767 MAIN STREET READING, MASSACHUSETTS Prepared By.._. _ LeBlanc Survey Associates, Inc. 161 Holten Street Danvers, MA 01923 (978) 774 -6012 February 25, 2010 Scale: 1 " =20'' HOR. SCALE IN FEET 0 20 so 10O ARTICLE 25—[]n motion by Jannaa Bonezo|i, Vice Chairman of Board of Selectmen, it was voted to authorize the Board of Selectmen to accept the conveyance of drainage easements | | located on Howard Street which easements are shown on m plan entitled: � "P/an of Drainage \ / Easement Howard Gtreet, Reading, Massachusetts, dated February 2, 2010." upon such terms and conditions and for such consideration as the Board of Selectmen doenno to be in the best interest of the Town. |nformationpresentedbv)GeorgoZombouras - SeeAttacment 2/3 Vote required Declared unanimous by Moderator Motion Carried 8 Annual Town Meeting April 2U.2O1O F- Z 0 LLJ gs o U- W LO co oj < W _0 w 0 < rr 0- cl PEN L---------------------------- ...... --------- z UJ U) -4: Lq ui U) LLJ < w I- 00 - V LO Lr) CV) 00 N L6 LU I- F- F- F- ui w w w U) ui cl w w w w LU w LLJ w w z o M o -r o m o m w w PE Lr) 0') 1- C) 1-- C14 00 w U) w ui < z F- W. uj w F- Cl) 0 3: w w z 0 w 0. 0 w CL z w w -j 1: CL 0 -1 < z FY F- w IL < < 0 -j (D 06 C) < z w 06 Er U) w F- w ry < (D cr- < w 0 co z < 0 W z r (D :D C) :E . . ......... < z 0 ry z cc w IL w m 0 ry 0 z Z uj 0 w ry < U) U) w U) 0 z < W m w 0 F- z re w w E M - C� C? L? w 2 L� w w w w U) D < z w ARTICLE 26 – On motion by Nicholas Safina, Chairman of Community Planning & Development Commission it was voted to amend Section 2.0, Definitions, Section.2.2.22 and Section 6.3, Nonconforming Uses and Structures, of the Town of Reading Zoning By -Laws by deleting in their entirety Section 2.2.22 and Section 6.3, and inserting in their place the following new definition and section: Motion made by Ben Tafoya to Dispense of Reading of Article Motion to Dispense Carried Definitions (New) 2.2.22 Nonconforming - A lawful pre- existing building, structure, vacant lot, or use of buildings or land that does not conform to the zoning regulations for the district in which it is located, but did conform at the time it was built or established. 6.3 Nonconforming Uses and Structures 6.3.1 Applicability: This bylaw shall not apply to uses or structures lawfully in existence or lawfully begun, or to a building or Special Permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this bylaw, or any relevant part thereof, was adopted. No modification of a lawfully existing nonconforming use or structure is-allowed except as authorized hereunder. 6.3.2 Nonconforming Uses: The Board of Appeals may grant a Special Permit to change or extend a nonconforming use only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: Modification or extension of the existing nonconforming use; Change from one nonconforming use to another, less detrimental, nonconforming use. Once a nonconforming use is changed to a conforming use, there is no authority to allow the property to revert to a nonconforming use. 6.3.3 Nonconforming Structures: 6.3.3.1 The Building Inspector may issue a Building Permit for an interior renovation, interior alteration or interior reconstruction of a pre- existing, nonconforming structure that does or will not extend the nonconformity or create a new nonconformity. – 6 .3:2 The Board of Appeals may gran a- Specia - ermi to recons ruc , extend, alter, or - -- — -- change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration or change does not increase the nonconforming nature of said structure or create a new nonconformity and shall not be substantially more detrimental than the, existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the Board of Appeals: i a. A reconstruction, extension or structural change; 7 Annual Town Meeting April 29, 2010 b. An alteration to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent. 6.3.3.3 For purposes of this bylaw, an increase in the nonconforming nature of a structure will result when the portion added. to the structure violates any provision of this Zoning By -Law applicable at the time of application for the building permit required for such addition. An increase in the nature of a nonconforming structure will not result from a mere replacement, without undue delay, of a nonconforming portion thereof. 6.3.3.4 Nothing in this bylaw shall prevent the strengthening or restoring to a safe condition of any building or structure, or part thereof, declared unsafe by the Building Inspector. 6.3.4 Variance Required: Except as provided in Section 6.3.5 herein, the reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a variance .from the Board of Appeals. 6.3.5 Alteration of Nonconforming Single and Two - Family Residential Structures – As of Right: Nonconforming single and two- family residential structures may be extended, altered or structurally changed (collectively "alteration ") upon a determination by the Building Inspector that such proposed alteration does not increase the nonconforming nature of said structure. The Building Inspector may issue a Building Permit under any of the following circumstances: a. For the alteration of a single or two- family structure which will not increase the footprint of the existing structure, create a new dimensional nonconformity or extend an existing dimensional nonconformity, provided that the existing height restrictions shall not be exceeded. This clause shall apply regardless of whether the lot complies with the current area and/or frontage requirements; b. For the alteration of a single or two - family structure that is located on a lot which is nonconforming only with respect to area, where such alteration will comply with all current setback, yard, lot coverage and building height requirements; c. For the alteration of a single or two- family structure that is located on a lot which is nonconforming only with respect to frontage where such alteration complies with all current setback, yard, lot coverage and building height requirements; and d. For the alteration of a single or two- family structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, lot coverage and building height requirements. 6.3.6 Alteration of Nonconforming Single and Two - Family Residential Structures – by Special Permit: In the event that the Building Inspector determines, after consideration of Section 6.3.5 above, — that the nonconforming nature of such structure would be increased by the proposed extension, alteration or change, the Board of Appeals may, by special permit, allow such extension, Annual Town Meeting April 29, 2010 alteration or change where it determines that the proposed extension, alteration or change will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. 6.3.7 Reconstruction after Catastrophe: A lawful, pre- existing, nonconforming single or two- family building, structure or use, which has been destroyed or damaged by fire or other casualty may be re- established, restored or reconstructed within two years of occurrence of the damage or destruction. Re- establishment, restoration or reconstruction shall be permitted provided that there is no increase in the degree of the nonconformity. Any proposed change of use is subject to the provisions of this bylaw. 6.3.8 Voluntary Demolition and Reconstruction: 6.3.8.1 Any new construction, following voluntary demolition of a nonconforming structure, shall be in conformance with this Zoning By -Law, except in the following circumstances: a. A single - family or two- family dwelling which is nonconforming only with respect to lot size and /or frontage may be voluntarily removed or demolished and replaced by a new single - family or two- family dwelling. Such reconstruction must comply with the current dimensional controls for the district in which the dwelling is located. b, In the event that the proposed reconstruction would (a) cause the structure to exceed the volume or area of the original nonconforming structure or (b) cause the structure to be located other than on the original footprint, a special permit shall be required from the Board of Appeals prior to such demolition. The Board of Appeals may, by Special Permit, allow such reconstruction where it determines that the proposed reconstruction will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. C. A detached accessory structure which is accessory to a single - family or two- family dwelling that has nonconforming setbacks may be demolished and a new accessory structure may be. built in the same footprint; provided, that the new accessory structure does not exceed the existing height and size limitations for accessory structures. 6.3.9 Abandonment or Non -Use: A nonconforming use of a structure or land that has, been abandoned or not used for a period of two (2) years, shall lose its protected status and be subject to all of the provisions of this Zoning By -Law. Presentation given by Jean Delios - Presentation Attached CPDC Report given by Nicholas Safina - Voted to support 4 -0 Bylaw Committee Report given by Phillip Pacino - Voted to support 3 -0 2/3 Vote required Declared unanimous by Moderator After Some Discussion by Town Meeting Members Motion Carried 9 Annual Town Meeting April 29, 2010 Section 6.3 Non-Conforming Uses and Structures Developing Proposed Changes - Town Counsel recommended deletion of existing Section 6.3 in its entirety A new Section 6.3 is proposed, designed to clarify and simplify the regulations by which a non-conforming use or structure can be altered, extended, or rebuilt Town Counsel drafted new language based on review of similar zoning by-laws in other communities The CPDC consulted with the ZBA to solicit comments and input into the draft language Section 6.3 Non-Conforming Uses and Structures Current Definition 2.2.22 Non-Conforming A condition, structure or use inconsistent with this By- Law, and lawfully in existence at the time the provision with which it does not conform became effective Section 6.3 Non - Conforming Uses and Structures Background — • Portions of the existing By-Law section have been confusing; many have expressed the need for revision • Litigation is pending, appealing ZBA interpretation of certain provisions of the existing By-Law • Areas of the existing By-Law unnecessarily restate the statutory provisions of G.L. c.40A, Section 6. This requires changing the Town by-law whenever there Is a meaningful change to the State statute - - - - - - - - --- It Section 6.3 Non - Conforming T Ises and Structures What is Non-Conforming? A use or structure that complied with zoning when it was built, but subsequent changes to the zoning now make it Non-Conforming in one or more ways A business has operated at this property since1930s, before Reading adopted Zoning By-Laws in 1942 (now zoned residential). Section 6.3 Non-Conforming Uses and Structures New Definition 2.2.22 Non-Conforming A lawful pre-existing building, structure, vacant lot, or use of buildings or land that does not conform to the zoning regulations for the district in which it is located, but did conform at the time it was built or establish 1 TOWN OF READING Community Planning & Development Commission Section 6.3 Non-Conforming Uses and Structures Developing Proposed Changes - Town Counsel recommended deletion of existing Section 6.3 in its entirety A new Section 6.3 is proposed, designed to clarify and simplify the regulations by which a non-conforming use or structure can be altered, extended, or rebuilt Town Counsel drafted new language based on review of similar zoning by-laws in other communities The CPDC consulted with the ZBA to solicit comments and input into the draft language Section 6.3 Non-Conforming Uses and Structures Current Definition 2.2.22 Non-Conforming A condition, structure or use inconsistent with this By- Law, and lawfully in existence at the time the provision with which it does not conform became effective Section 6.3 Non - Conforming Uses and Structures Background — • Portions of the existing By-Law section have been confusing; many have expressed the need for revision • Litigation is pending, appealing ZBA interpretation of certain provisions of the existing By-Law • Areas of the existing By-Law unnecessarily restate the statutory provisions of G.L. c.40A, Section 6. This requires changing the Town by-law whenever there Is a meaningful change to the State statute - - - - - - - - --- It Section 6.3 Non - Conforming T Ises and Structures What is Non-Conforming? A use or structure that complied with zoning when it was built, but subsequent changes to the zoning now make it Non-Conforming in one or more ways A business has operated at this property since1930s, before Reading adopted Zoning By-Laws in 1942 (now zoned residential). Section 6.3 Non-Conforming Uses and Structures New Definition 2.2.22 Non-Conforming A lawful pre-existing building, structure, vacant lot, or use of buildings or land that does not conform to the zoning regulations for the district in which it is located, but did conform at the time it was built or establish 1 ! Section 6.3 Non - Conforming Uses and Structures What is the purpose of 6.3? State law (G.L. 40A sec 6) restricts the alteration, change or extension of non - conforming uses and structures. The zoning By -Law defines the conditions under which changes or extensions of such structures and uses are allowed. 285 Main St. - Nonconforming due to setback requirements Section 6.3 Non - Conforming Uses and Structures 6.3.3 - Non- Conforming Structures The ZBA may issue a Special Permit for alteration of a non - conforming structure, provided the result: Does not increase an existing nonconformity o Does not create a new nonconformity Is not substantially more detrimental to the neighborhood I Section 6.3 Non - Confurming Uses and Structures • The proposed By -Law changes clarify and simplify the criteria, allowing many owners who want to fix up their homes to deal directly with the Building Inspector. • The proposed changes also clarify when a Special Permit from the ZBA is required. n The new By -Law clarifies what is intended by "Reconstruction After Catastrophe" and "Voluntary Demolition and Reconstruction" 1 Section 6.3 Non - Conforming Uses and Structures 6.3.2 - Non - Conforming Uses - The ZBA may issue a Special Permit to change or extend a non- conforming use, only if it determines that such change or extension is not substantially more detrimental to the neighborhood. Changes to non - conforming uses that may be considered by the ZBA include: Modification or extension of the existing non - conforming use Change from one non - conforming use to another, less detrimental, non - conforming use. 4 Once a conforming use is established, there is no authority to allow the property to revert to a non - conforming use. Section 6.3 Non - Conforming Uscs and Structures 6.3.5 Non - Conforming Single- Family or Two - Family Homes vi.:,e. u:rjXN'- • In limited situations, the Building _ — _ _- -;: ! '-r. __'• Inspector may issue a building permit for the alteration of a single r.v_y,c.o or two- family home if the er suit: j ., Does not increase the existing structure footprint, or Is non - conforming only with •;m)E i,^,E respect to lot area, or Is non - conforming only with Wr. "t- - respecllololfrontage, or ------ - -;,,- - -- = - - - -� Is non - conforming only due to `611D101 existing intrusion on required !_JZ yard or setback areas I i And, it does not increase any existing non - conformity. lo Section 6.3 Non - Conforming Uses and Structures 6.3.7 Reconstruction After Catastrophe A pre- existing, nonconforming single - family or two - family building, structure, or use, which has been destroyed or heavily damaged by fire or other casualty, may be re- established, restored, or reconstructed within two years of occurrence of the Re- establishment, restoration, and /or reconstruction does not increase the degree of the nonconformity 2 Section 6.3 Non - Conforming Uses and Structures 6.3.8 Voluntary Demolition & Reconstruction n Not specifically authorized by the State statute (G.L. . c40A, Sec 6), but is permitted by current 6.3.17. The proposed language clarifies this act. m Any new construction, following voluntary demolition of a non - conforming structure, is subject to the provisions of the By -Law. Section 6.3 Non - Conforming Uses and Structures * The revised by -law clarifies the rules for modifying a non - conforming use or structure. The new language will simplify permitting and make it easier for both the property owners and the town to follow the rules. i Section 6.3 Non - Conforming Uses and Structures A single - family or two- family dwelling that is non - conforming only with respect to lot size and /or lot frontage, may be voluntarily demolished and replaced by a new single - family or two- family dwelling, Provided such construction complies with the current dimensional controls for the district in which the dwelling is located, A Special Permit from the ZBA is required prior to demolition if the proposed reconstruction: • Exceeds the volume and /or area of the existing structure • Relocates the structure from the pre - existing footprint An accessory structure that is demolished must be rebuilt on the same footprint and may not exceed the existing height and size limitations for accessory structures. FF49_ LOT 1. ME I k'.FAf�'r�A(LD i I - ; - r�ulECING uf�c 4 �JIOI =, i 5rdt_ �' ( L0T" WT ur { YAK,. 510E i i .j )j /ly iJt 11 �T'' xAgo, t_rr�'t - -, -- ? _ -T=om -- - -a 5011..DIWG j FF_'�M 7 yAQ r, LMIJU° j E RON'I;',GE 3 ARTICLE 27—Dn motion by Nicholas SafinaDhaimmnofCPDC.it was voted to amend Section 2.0 Definitions, 2.2.29 Sign, Section 4.3.3 Site Plan Review and Section 6.2, Signs,'of the Town of Reading Zoning By-Laws by deleting in its entirety 2.2.29.. 4.3.3.5.1.a.. 4.3.3.6.t and Section | i S.2. and inserting in its place the following new sections: ' Motion made by Ben Tafoya to dispense of the reading of article Motion to Dispense Carried New Definition in Section 2.2.29boread, 2.2.29 �j� Any word or combination ofnumber, emblem, picture, design, trademark orother device including the support structure of freestanding signs. Signage ha the collection of signs. Signoge does not include temporary holiday deooraUonn, historical dote markers or plaquea, or artwork that contains no commercial messages. The words in italics inthe following two paragraphs show language to be added inthe existing bylaw. Site Layout, which shall contain the boundaries of the lot(s) in the proposed development. proposed structures, drives, parking, fences, walls, walks, outdoor lighting, signaga. loading foci{iUoa, and areas for snow storage after plowing. The first sheet in this plan shall be a locus plan, at a scale acceptable to CPDC, showing the entire project and its relation tVthe existing areae, buildings and roads for n distance of one thousand (1.000) feet from the project boundaries or such other distance ao may be approved or required by the staff. Minimize unreasonable departure from the character, rnateraks, nigmage and scale of buildings in the vicinity, as viewed from public ways and places; To replace Section G'2 entirely with the following: 6.2 SIGNS 6.2.1 Signs perform important functions in the community such as communicating nnasoogeo and providing information about goods and services available. Because signs potentially have detrimental impact on the visual and perceptual environment, signs must be regulated. |tis the intent of Section G.2ofthe zoning by-law toprotect property va|ueu, create an attractive business c|irnate, enhance and protect the physical appearance of the community and to encourage the most appropriate use of the land. This section will also aoe/mt those installing signs within the Town of rtb-thua_pnuceuas—]oxe i _the—apoUcatko.o,_inotdlatkzo_-aod-_-__-_-____--_ maintenance of such signs. 62.1.2 Applicability: /\ sign may be erooted, p|mnod, eatab|iehed, peinted, created or maintained only in conformity with the provisions of this Section. 6.2.1.3. The zoning districts are as shown on the official zoning map which is on file with the Engineering Department and the Town Clerk's Office and can also be found on the Town vveboite. Rending has also adopted a Downtown 8nnert |_ 10 Annual Town Meeting April 2O.2UiO Growth District (DSGD) and a Gateway Smart Growth District (GSGD). Please refer to Section 4.12 for DSGD regulations and Section 4.11 for GSGD regulations. 6.2.2. Definitions: For the purposes of Section 6.2., the following terms shall have the meanings hereby assigned to them: a. Awning Sign: A sign painted on or attached to the cloth, canvas or metal cover of a movable or stationary frame of the fixed, hinged, rolled or folding type of awning. b. Banner or Pennant: Any sign of lightweight fabric or similar material that is mounted or affixed at one or more edges. c. Beacon: A stationary or revolving light, not primarily illuminating a sign, which flashes or projects illumination, single color or multi - colored, in any manner which is intended to attract or divert attention, except any such fixture which is required by the Federal Aviation Administration or a similar agency, and is installed and operated under the safety regulations of such agency. d. Bulletin Board: Any sign erected by a charitable, educational, or religious institution or a public body on its property for purposes of announcing events which are held on the premises, and contains no commercial information. e. Commercial Message: Any sign wording, logo or other representation that directly or indirectly names, advertises, or calls attention to a business, product, service, sale or sales event or other commercial activity. f. Facade: The area of the face of a building, typically the principal or front wall of a building. g. Free - Standing Sign: Any and every sign erected on or permanently affixed to the land, including any and every sign that is not attached to a building. h. Halo Lighting: Light showing from the back of or from within a letter or graphic shape out towards the surface that the letter or graphic is mounted on without having any light visible through the face of the letter or graphic. i. Informational and Directional Signage: A sign that has a purpose secondary to the use of the lot on which it is located, such as "no parking, private parking, enter, exit, one -way, street address or drive -thru teller." j. Identification Sign: Joint Identification Sign: A sign which serves as common or collective identification for a group of persons or businesses operating on the same lot and which contains the names and logos of establishments but no advertising or promotional information. Area Identification Sign: A sign, located at the site entrance(s), identifying a common area containing a group of structures, or a single structure containing several uses. k. Marquee Sign: Any sign attached to or made part of a marquee, that is, any permanent canopy or structure projecting beyond and extending along a building wall. I. Monument Sign: A free - standing sign with a low height configuration permanently affixed to the ground at its base and not mounted on a pole. m. Off - Premises Sign: Any sign which directs attention to a business, commodity, service, entertainment, attraction or other commercial activity which is sold, offered or existing 11 Annual Town Meeting April 29, 2010 elsewhere than upon the same lot on which such sign is located, including any outdoor advertising sign ( "billboard ") on which space is leased or rented for the purpose of conveying a commercial or non - commercial message. n. Portable Sign: Any sign not permanently attached to the ground or any permanent structure or a sign designed to be transported in any way including: - signs converted to "A" or "T" frames; - menu and sandwich -board signs. o. Projecting /Blade Sign: A sign which is affixed to a building or other structure where the sign face is approximately perpendicular to the building facade. p. Reader Board: A sign.or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or surface of the sign or signboard. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a reader board sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a reader board sign. q. Sign Area: The area contained entirely within the signboard (the flat surface of durable material upon which letters or other graphic content of a sign is displayed) or if no sign board is present, the area contained entirely within the smallest rectangle which completely encloses the outer extremities of all graphic material of a sign. Sign Height: The distance from the base of the sign at normal grade to the top of the highest attached component of the sign or sign structure. Normal grade shall be construed to be the lower of: (1) Existing grade prior to construction, or (2) The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot be reasonably determined, sign height shall be computed on the assumption that the normal grade is the elevation of the nearest point of the crown of the public street along which the lot has frontage or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower. s. Temporary Sign: Any sign which is used temporarily, relates to events of a temporary nature, or is not permanently mounted. Table 6.2.3 Signs Permitted According to Zoning District Max Max Sign Sign Setbacks: Permit Area Height Front Y Side Maximum Type Required (sq. ft.) (ft.) (ft.) (ft.) Number All Zoning Districts: 1. Personal Message N 4 6 N/A 20 1 /lot 12 Annual Town Meeting April 29, 2010 and Area) —(Joint 3. Construction N 16(B) N/A N/A 20 NIA 4.Subdivision Sales (C) 48 N/A N/A N/A 1/subdiv. Sales 7. Temp Open House IN 4 N/A N/A 20 1/agency per lot 8. GarageNard Sale N 4 N/A N/A 20 1/lot Directional Portable A-Frame Regulated by the Board of Selectmen Annual Permit Required Business Signs or 30 Business-A, Business-C and Industrial Zoning Districts: 11. Free-Standing Y 50(D) 20 0 20 1 /lot 13. Projecting Blade Y 8 (A)(H) N/A 10 1/business Business-13 Zoning Districts: 14. Free-Standing Y 50(d) 20 0 20 1 /lot (Service Stations only) Blade 13 Annual Town Meeting April 2Q.201O NOTES: (A) No portion of such sign shall extend higher than the bottom of the sills of the windows of the second floor of a building or higher than the lowest portion of the eaves or, in the case of a gabled wall, no higher than a line equal in height to the lowest portion of the lower eave of any adjoining building wall, whichever of the above is lowest. (B) Aggregate sign area of all applicable signs. (C) Only as shown in Definitive Subdivision Plans as approved by the Community Planning and Development Commission consistent with Paragraph 6.2.1.1. (D) May not be larger than 75 square feet, if more than one business occupies the lot. *See Section 6.2.6.4. (E) If the minimum distance from the building wall on which the sign is mounted is less than 100 feet from the centerline of the street which the sign faces, the maximum sign area shall be equal to 2 square feet per linear foot of said wall occupied by the establishment to which the sign relates; if such distance is more than 100 feet, maximum sign area shall be equal to 4 square feet per linear foot of said wall so occupied. (F) No wall sign for any non - residential establishment shall exceed a sign area equal to 2 square feet per linear footage of length of the front wall of the building occupied by the establishment to which the sign relates. (G) Real Estate Signs in the Industrial Zoning Districts are allowed one sign per business with a maximum sign area equal to 2 square feet per linear foot of said wall occupied by the establishment to which the sign relates without a sign permit. (H) Projecting /Blade Signs shall be at least eight (S) feet from the ground and may project no more than four (4) feet from the structure. 6.2.4. Exempt Signs: Signs for which no permit is required are identified in Table 6.2.3 and Section 6.2.4. The following signs are exempt from this Section 6.2 and may be installed without permit, provided that the following is complied with: a. Authorized signs installed by the Town of Reading or the Commonwealth of Massachusetts, or any agency thereof, or with the express written permission thereof, for the purposes of traffic control or traffic or pedestrian safety or convenience,— idnti ica ion of public facilities or steets; or fio direction owe;- - public notices and warnings required by and erected by Town, State, or Federal Government agencies. b. Directional signs; building markers. C. Political signs on private properties or vehicles only, provided that such sign shall not exceed six square feet in sign area, shall not be placed in such location as to 14 Annual Town Meeting April 29, 2010 constitute a traffic or pedestrian safety hazard, and shall not be displayed for - - - -- more than forty -two days prior to the applicable election or more than two days following such election. d. Signs for churches and other federally tax - exempt institutions. e. Holiday lights and decorations which contain no commercial messages and which are displayed during the appropriate season. f. Works of art which contain no commercial messages with prior Town Planner or CPDC written approval. g. Fuel pump information signs, only as required by State law, are allowed and shall not affect the computation of allowable number of signs or aggregate sign size on a property. h. Any sign within a structure, not attached to any window or door, which is not visible from other properties or from any street right -of -way. Signs showing resident's name, historical plaque or marker, street address and /or name of a lawful home occupation taking place on the premises. Construction Signs, identifying contractors while doing construction work on a property. k. Temporary Subdivision Sales Signs and permanent Subdivision Identification Signs as approved in connection with the Definitive Plans for such subdivision and located at the principal entrance to the subdivision in an acceptable easement, not within any street right -of -way or access easement. 1. Real Estate Sales Signs, including placards showing the words "Sold" or "Sale Pending or similar not exceeding one -third the size of the sales sign. M. Temporary Open House signs, not exceeding four square feet each, may be placed at a rate of one per agency per intersection per property and one on the open house property. n. GarageNard Sale Signs, limited to one sign located on the property on which the garage /yard sale is taking place and one at each of no more than two intersections of public streets. o. Any establishment located in a Business or Industrial Zoning District may display: • An "Open" Flag - with dimensional requirements not to exceed four (4) feet by six (6) feet and may contain decorative graphics. • A National or State Flag - with emblems of religious, educational, governmental organization or any other federally tax - exempt organization, _— except - when - -- displayed--- in— eonnection- with - -- commercial-- promotions - -or- - - -- advertising. Dimensions shall not exceed four (4) feet by six (6) feet. 6.2.5. Prohibited Signs: No private sign shall be installed or placed on public property, except by express permission of the Town or as otherwise allowed herein. The following signs are prohibited in any zoning district: 15 Annual Town Meeting April 29, 2010 a. Signs which interfere with traffic or pedestrian safety, including any which may obstruct or interfere with traffic or pedestrian visibility or movement at any intersection or into or out of any property, or which by reason of position, shape, or color may interfere with, may obstruct the view of, or be confused with any authorized traffic sign, signal, or device; or which makes use of the words "STOP," "LOOK," "DANGER," or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse motorists or pedestrians. Signs placed or painted on any tree (other than street address), rock (other than street address), utility pole (other than yard sale sign), traffic safety sign, or similar fixture; painted on any building wall, bench, pavement, parking bumper or curb (other than a "Reserved" marking), or other similar outdoor surface. C. Internally illuminated signs, unless the background or signboard completely blocks illumination or glow except through the letters and graphics. d. Signs which contain a beacon of any type; which contain a spot light providing direct illumination to the public; which flash, revolve, rotate, move, or blink, or which fluctuate in light intensity; animated signs, that is, which use lighting to depict action or to create an illusion of movement or a special effect or scene. e. Any self illuminated or backlit signs which use LCD, LED, electronic messaging or digital technology, neon or similar signs except as displayed on the inside of windows subject to the provisions of Paragraph 6.2.6.2.c. f. Free - standing signs in a Business -B Zoning District (except as permitted at service stations). Internally illuminated signs in a Business -B Zoning District (except as permitted at service stations). Banners as permanent signs. Banners are allowed only as temporary signs four 'times a year for an annual total of 56 days with a sign permit, refer to Section 6.2.6.2.h. for full details. Signs located on any portion of a lot except a front yard or a side yard directly abutting a public street. Signs which do not meet and are not maintained to meet the provisions of this Section and all applicable building, wiring, health, and safety codes; or which are not neatly and legibly lettered. Reader Board Signs are not allowed except as price displays at gas stations. I. Balloons or blimps used as signs, a movable poster or panel sign, umbrellas containing any commercial message; or signs attached to or painted on vehicles ____ —._ tT-a -el ng or_Rar_kod on, or-vis.ible fr_orn_an_y__p_ublic_ right =of= way - unless_ suclLVehicle______..___________ is used in the normal day -to -day operation of a business. 6.2.6. Signs by Zoning District: Signs are allowed or permitted in each Zoning District and are specified in Table 6.2.3. and as follows: 6.2.6.1. Business or Commercial Signs in Residential Zoning Districts: 16 Annual Town Meeting April 29, 2010 — Legal nonconforming business or commercial operations in any residential zoning district shall follow the Business B- Zoning District regulations as specified in Subsection 6.2.6.4. except that such signs shall be set back a minimum of twenty feet from any other lot and shall not be illuminated except during hours of operation. 6.2.6.2. Signs in Business and Industrial Zoning Districts: The following signs are allowed in all Business and Industrial Zoning Districts. In addition, please refer to Table 6.2.3: All awnings and canopies shall be impervious to light so that no illumination or glow can be seen through it. Awnings may contain letters up to four inches in height stating only the name of the business and the street number without requiring a sign permit. Such lettering shall not count toward allowed sign area. All other awnings or canopies with lettering or graphics shall require a sign permit and count as part of the allowed sign area. All awnings and canopies shall have a minimum ground clearance of eight feet. Ground clearance shall be measured between the lowest point of the awning or canopy and the ground or sidewalk. b. Bulletin boards are allowed, provided that no free - standing or wall- mounted bulletin board may exceed twelve square feet in size. C. Window Signs: Window signs are encouraged on the inside surface of the glass. Permanently affixed, weather resistant, individual letters that are not subject to wear and tear are permitted on the exterior of the window. Temporary or permanent signs may without permit be attached to the inside of the glass surface of a window (a single structurally supported sheet of glass or a sash) or door, or placed within the premises closer than five feet from any window or door and situated or designed so that the sign's graphic content is visible from the outside through an window or door, provided that any such sign shall: (1) Be uniformly located only in thirty percent (30 %) of the glass sheet or sash; (2) Contain no letters larger than eight (8) inches in height; (3) Be professional in appearance and good order shall be maintained at all times. Not be restricted with respect to graphic or message content, whether of a permanent or temporary nature, nor be restricted with respect to materials; (4) Have a sign area not to exceed six (6) square feet if the sign is not illuminated; (5) In addition to the above, any illuminated sign shall be placed only in a window, and not in a door, and shall also: (a) Have a sign area not to exceed four (4) square feet; (b) Be placed no closer than ten feet from any other internally illuminated window sign on the premises. In cases where there is a door or other 17 Annual Town Meeting April 29, 2010 architectural break in the fagade this buffer shall be reduced to seven (7) feet; (c) Be placed only in a window which contains no other signs of any type; and (d) Be illuminated only during hours of operation of the business establishment. Notwithstanding the above, window signs shall also be allowed in conformity with the provisions of Paragraph 6.2.6.2.h. below. Directional and informational signs displaying text only, no corporate logos, or slogans are allowed provided that such signs shall be limited to wall and free- standing signs with a maximum of four square feet of sign area. One such sign, not exceeding six (6) feet in height, may be placed at each vehicular entrance or exit on a lot to identify such entrance or exit provided such sign does not constitute a traffic hazard; such signs shall not affect the computation of allowable number of signs or aggregate sign size on a property. One such sign, not exceeding six feet in height and four square feet of sign area, may be placed in conjunction with each drive -up bank teller window or machine provided that such sign shall not constitute a traffic hazard. e. Marquee signs are prohibited except when used in conjunction with an indoor movie theater and attached to the outside wall of the building, provided that the size of the marquee sign shall not exceed twenty -four (24) square feet, and the bottom of the marquee sign shall not be of a height of less than 8 feet above the grade directly below. Outdoor menu boards are prohibited except: • As a portable sign with a sign permit issued by the Board of Selectmen. • When used in conjunction with a restaurant having a drive up window. No more than three menu boards are allowed. The maximum aggregate sign area is 100 square feet. No one menu board may exceed 50 square feet. Any lettering shall not be legible from any other property or any street right -of -way. g. Informational and directional signs are allowed in all business and industrial zoning districts with a maximum sign area of four square feet per sign in accordance with Table 6.2.3. h. Temporary signs intended for business openings and re- openings, open houses, and special sales and promotional events for an individual business, are allowed, provided that: • The individual business shall place no more than four (4) such signs per ._.___calendar_..year. for .an- annual- total-- of-56- days -- (except in- conjunction - with. - - -- an organized Town -wide common special event as specified below); • All temporary signs shall have received a sign permit from the Building Inspector; • No such sign shall exceed sixteen (16) square feet in sign area or thirty (30) square feet in sign area for businesses that have a setback more than fifty (50) feet from the primary street upon which the business is located; 18 Annual Town Meeting April 29, 2010 • Any such sign shall be printed or legibly lettered ona rigid signboard or fabric banner; • In cases where renovation or construction includes removal of | / permanent signs, a temporary sign ia allowed aofollows: ° Dimensions shall be the same ao temporary ` signs * May be used aaa permanent sign * May remain during construction provided the construction or renovation is expeditiously pursued ° Must be removed upon the installation cf the permanent sign No such sign shall be placed so as to constitute o hazard to motorists or pedestrians; If placed upon avvindmw. any such sign ehoU be included in the aggregate window area specified in Paragraph 6.2.6.2.c above. In the case only of common special events organized by e recognized association of businesses for which events a license has been granted by the Board of Ge|eotnmn, an individual participating business may display a temporary sign in conjunction with such an event, provided that such signs related ho said events shall not exceed four per year. Grand opening events for m new business may display for fourteen (14)days, upon issuance of a sign pennUL Non-illuminated temporary banners, 0ags, balloons and streamers provided they are mounted ina way that does not pose a hazard to pedestrian or vehicular traffic and sight lines as determined by the Zoning Enforcement Officer. Only one grand opening sign permit per business may be issued until the property undergoes a change of use or change of | | ownership. Farm Stands and Garden Stands which do not have permanent windows shall be a|lovved, without permit or limitation as to number or material, to display temporary signs identifying goods offered for ae|e on the prenninen, provided that such signs are kept in good order and that the aggregate total sign area of all ouohsiQnspno|oteha||notexceedoneaquore-footper|inee|feetoffrontegeof such lot. Decorative noncommercial flags may be displayed for sale. Clocks, not toexceed eight oquarnfeotinaurfameanauporsideorbwaWefeet\n height, are a|lowed, provided that they display no advertising or nonnmonja| material. k. Time and temperature displays may be included in any free-standing or wall sign, and no more than twelve additional square feet of sign area may ba added tothe otherwise allowable sign area of such sign. i For commercial buildings containing more than one business requiring vve| ---------- ---niQna0*, any wall sign -provdedfoF-any such- business must boin' conformity with the requirements of this Section 6.2 and in accordance with the following stipulations concerning an overall master aignage plan for such building. The mesharoignage plan shall show not more than one wall sign per business vviUl|n the building. Hovvevor, at the owner's election not every- business within the building need be provided with a wall sign within the proposed assemblage. No wall sign shall be issued a sign permit for any building for which o signege plan | | has been submitted or approved that is not included in or is not in conformity with | / the applicable signage plan. The master signage plan need not show the specific 18 Annual Town Meeting April 20.2O10 message content for any individual sign contained therein, so as to provide for change in business occupancy which may from time to time occur within the building: (1) In -all Business and Industrial Zoning Districts, the building owner may submit for approval to the Community Planning and Development Commission (CPDC), a master signage plan in accordance with the provisions of Section 6.2.6.4.1. The CPDC may issue a Certificate of Appropriateness for the building showing the allocation within the maximum sign area as allowed according to Table 6.2.3. hereof among wall signs' for businesses within the building. This master signage plan shall show the size, placement, materials, framing, graphic and design standards for each such sign and the assemblage thereof proposed within said allowable maximum sign area, together with proposed lighting and methods of attachment of all such signs. Once the Certificate of Appropriateness has been approved by the CPDC, the Building Inspector shall issue a sign permit for any individual business sign if it conforms to the master signage plan. 6.2.6.3. Signs in Business -A Zoning Districts: Allowed Signs (also specified in Table 6.2.3): • Free - Standing • Wall • Projecting • Internally illuminated Prohibited Signs: • Banners as permanent signs • A free - standing and wall sign for buildings that are not multi- tenant All internally illuminated signs shall have a background or signboard that completely blocks illumination or glow such that light is only visible through the letters and graphics. All illuminated signs shall be turned off at the close of business. A lot which contains not more than one establishment shall be allowed one free- standing sign or one wall sign or one projecting sign only. The street address number of the property shall be prominently displayed on such sign, and the sign shall in all respects conform to the above requirements. A-lot which contains more than one establishment shall be allowed a maximum of the following signs, all of which shall in every respect conform to the requirements of this Section: a. One free - standing sign identifying the property, and One- wall- or-projecting sign per business - occupying, the - ground-floor-and front wall of the building, except in cases where the provisions of Paragraph 6.2.6.21. are utilized, and C. One joint identification sign listing the names and logos of the establishments on the premises but containing no other advertising matter, mounted either on an appropriate building wall or on two posts, provided that such joint identification sign shall not exceed four (4) square feet in sign area, shall not exceed eight (8) feet in height, and 20 Annual Town Meeting April 29, 2010 shall not be located within a front, side, or rear yard as required in Subsection 5.1.2. hereof, d. Either the allowed free - standing sign or, if no free- standing sign is used, then at least one wall or projecting sign, shall prominently display the street address number of the property. 6.2.6.3.1 Off- Premises Signs: The Board of Appeals may grant a Special Permit for an Off Premises Sign including an outdoor advertising sign ( "billboard ") in a Business A zoning district under the following conditions: a. The proposed sign shall be in a Business A district immediately abutting an Interstate Highway, and within 25 feet of the main right of way of such highway excluding on and off ramps; b. The placement of the proposed sign shall be conditioned upon the elimination of no less than three non- conforming Off Premises signs elsewhere in the Town of Reading; C. There shall be no more than one Off Premises sign on any one lot that existed as a separate lot at the time of adoption of this section; d. The sign may be double sided with no greater than a 30 degree angle of separation between the two faces; e. Illumination of the sign shall be by external illumination only and illumination shall be limited to the hours of 6:00 p.m. to 10:00 p.m.; The sign shall not exceed 675 square feet on each of the two permitted faces; g. The maximum height of any Off Premises sign shall be 95 feet from the ground level upon which the sign is installed to the highest point of the structure; h. The nearest part of any Off Premises sign shall be no closer than 20 feet from an abutting property, and no less than 10 feet from the highway right of way; and The proposed use shall not be detrimental to the public good. 6.2.6.4. Signs in Business-113 Zoning Districts: Allowed Signs: • Wall ____ Projecting_ • Awning Sign • Externally illuminated signs Prohibited: • Free - Standing (except as permitted at service stations) • Internally illuminated signs • Banners as permanent signs 21 Annual Town Meeting April 29, 2010 No sign permit shall be issued for any permanent sign in the Business -B Zoning District without the sign having been granted a Certificate of Appropriateness (Subsection 6.2.6.4.1.). Free - standing, wall and projecting signs permitted in any Business -B Zoning District are specified in Table 6.2.3. No free - standing, internally illuminated, or Reader Board signs shall be permitted anywhere in a Business -B Zoning District. Free - standing signs will be allowed only for service stations. All internally illuminated signs shall have a background or signboard that completely blocks illumination or glow such that light-is only visible through the letters and graphics. All illuminated signs shall be turned off at the close of business. Signs for properties containing more than one establishment: For a lot which contains more than one business, a Certificate of Appropriateness may be granted for more than one sign, and a maximum of the following signs are allowed, all of which shall in every respect conform to the requirements of this Section: a. A business occupying the ground floor is allowed two (2) signs if one sign is a wall sign and the second one is a projecting / blade sign, an awning sign, or a wall sign that is located on a different building fagade than the first wall sign. The allowable sign area for the primary sign is equal to 2 square feet per linear footage of length of the front wall of the building occupied by the establishment to which the sign relates in accordance with Table 6.2.3. The secondary sign area shall not exceed half of the sign area allowed for the primary sign located on the principal frontage. b. One joint identification is allowed listing the names and logos of establishments on the premises provided the following conditions are met: • No additional advertising • Shall be mounted on the building wall closest to the entrance • Shall not exceed four (4) square feet in sign area • Shall not exceed eight (8) feet in height • Shall not project beyond the property line C. Allowance for an Additional Wall Sign: In addition to signs allowed above, a street address sign shall be permitted as follows: • Not to exceed four (4) square feet in sign area • Not to exceed six (6) feet in sign height • Shall only display the street address and number of the property 6.2.6.4.1. Certificate of Appropriateness /Community Planning and Development Commission (CPDC): -- - -- The CPDC-shalt-estabtish procedures-forrreceiving anyd- reviewing applications- for -signs- in-the - - - Business B Zoning District, and for providing written decisions to the Building Inspector. The CPDC shall, in reviewing such applications, consider the design, arrangement, location, texture, materials, colors, lighting, and other visual characteristics of each proposed sign and its compatibility with its general surroundings with regard to the purposes outlined in Paragraph 6.2.1. 22 Annual Town Meeting April 29, 2010 If the CPDC shall refuse to issue a Certificate of Appropriateness for any proposed sign, it shall state in writing the reasons therefore, with suggestions as to how the proposal may be modified so as to be approved. If the CPDC shall fail to issue or refuse to issue a Certificate of Appropriateness within forty -five (45) days of the date of a completed application being submitted, the Certificate shall be deemed to have been issued. An appeal from any decision of the CPDC may be made within twenty days of such decision being filed with the Town Clerk, to the Board of Selectmen, who may uphold, modify or overrule the action of the CPDC and grant a Certificate of Appropriateness. In those cases where proposed signs are included as part of plans for approval under Site Plan Review (Section 4.3.3) or PRD Special Permit review (Section 4.10), a Certificate of Appropriateness separate from such approval shall not be required and shall be combined with the review of said permit. 6.2.6.5. Signs in Business -C Zoning Districts: Allowed Signs: • Free - Standing • Wall • Projecting • Internally illuminated signs Prohibited Signs: • Banners as permanent signs • A free - standing and wall sign for buildings that are not multi- tenant The allowed signs in the Business -C Zoning District are subject to the corresponding provisions of Paragraph 6.2.6.3. (Business -A). In addition, a wall sign consisting only of the name and corporate logo of the principal occupant of a building located within eighteen hundred feet of the centerline of an Interstate Highway may be displayed between the top course of windows and the parapet of such building provided that sign area not exceed .fifty percent of the surface area described by the tops of such windows, the parapet, and the wall corners, that letters and logo contained in or constituting such sign shall not exceed eight feet in height, that the lowest point of such sign shall not be closer than 48 feet above the ground immediately below, that such sign shall not be illuminated between the hours of 11:00 p.m. and sunrise, and that such sign shall be located on the building wall most directly facing said highway. 6.2.6.6. Signs in Industrial Zoning Districts: Allowed Signs: • Free - Standing • Wall • Projecting • Internally illuminated Prohibited Signs: • Banners as permanent signs • A free - standing and wall sign for buildings that are not multi- tenant The allowed signs in the Industrial zoning district should conform to the provisions of Section 6.2.6.5. (Business -C). In conjunction with a Special Permit to Construct a Planned Unit Development (PUD) granted in accordance with 23 Annual Town Meeting April 29, 2010 Section 4.9. hereof, the Community Planning and Development Commission (CPDC) may, consistent with Subsection 6.2.1., allow modifications to any provision of this Section. The CPDC may allow one additional free - standing sign, not to exceed thirty -five feet in height or 144 square feet in sign area, in that portion of the PUD, parcel's landscaped perimeter buffer area most closely adjacent to Route 128 but not closer than 500 feet from any other public street existing at the time of submission of a relevant Preliminary PUD Plan. 6.2.6.7. Signs in a PUD: Notwithstanding anything in this Section 6.2 to the contrary, signs are allowed or permitted in a PUD only in accordance with Section 4.9.5.6. of these bylaws. 6.2.6.8 Signs in Residential Districts: Allowed Signs: • Wall • Projecting • Externally illuminated signs Prohibited: • Internally illuminated signs • Free - standing signs • Banners as permanent signs Except for identification signs (6.2.4.i.) or signs allowed in Subsection 6.2.6.1., no sign in any Residential Zoning District shall be illuminated in any manner. Decorative non - commercial banners or flags displayed on residential lots shall not be construed as signs for purposes of this bylaw. In connection with any Special Permit to Construct a Planned Residential Development (PRD) granted in accordance with Section 4.10. hereof, the Community Planning and Development Commission may allow modifications to any provision of this Section which is not inconsistent with the Purposes of this Section as specified in Subsection 6.2.1. 6.2.7. Removal of Defunct Signs: In the event a business, other than a seasonal business, ceases operations for a period of time in excess of thirty days, the sign owner or lessee, or the property owner, shall immediately remove any identification or advertising of said business or any product or service sold thereby. If the sign conforms to the provisions of this Section, and if a permit has been requested within said thirty -day period for altering the same sign in conformity with this Section to identify a new business in the same location, such alteration shall be allowed. Changes in legend on any directory sign shall be exempt from the provisions of this paragraph. 6.2.8. Nonconforming Signs: A nonconforming sign may not be enlarged or altered in any way which would increase its nonconformity. Should any nonconforming sign be damaged by any means to an extent of more than fifty percent of its replacement cost at the time of damage, it shall not be reconstructed except in conformity with the provisions of this Section 6.2. 24 Annual Town Meeting April 29, 2010 ` PresentationgkmnbyJeanDe|ios - PresontationAttachad CPDC Report given bv Nick Safina-CPOC voted to support 4Q ( � EDC Report given bv Megan Young - EDCvohsdboaupport Bylaw Report voted ho support 3-O Motion for the following 4 Amendments made by Bill Brown, Precinct 8 First Amendment: 6�.5 Prohibited Signs: to read as follows i Balloons or tethered blimps used as signn, o movable poster or panel sign, umbrellas containing any commercial message; or signs attached to or painted on vehicles traveling or parked nn, or visible from any public hght-of-way, unless such vehicle is used in the normal day4n-day operation ofobusiness. Motion Carried Second Amendment: 6'2~4 Exempt Signs: to read as follows | ( o. Any establishment located in a Business or Industrial Zoning District may display: \ ) • An "Open" Flag -with dimensional requirements not hoexceed four /4>feet by six /O> feet and may contain decorative graphics. • A National, State or Town Rag or Flags ' with amb|enna of religious, educational, governmental organization or any other tax-exempt organization. Dimensions shall not exceed four (4) feet by six (6) feet. Motion Carried Third Amendment 6.2.4 Exempt Signs: to read asfollows a. Authorized signs installed by the Town of Reading or the Commonwealth of -__Massachusetts, ies,0r with the express written . 0Ithtwt' for the purposes of traffic control or traffic or pedestrian safety or convenienms, identification of public facilities or streets, or for direction to same; public notices and warnings required by and erected by Town, State, or Federal Agencies. I� Motion Carried _ 25 Annual Town Meeting April 2S.2OiO Forth Amendment 6.2.4 Exempt Signs: to read as follows C. Political signs on private properties or vehicles Motion Ruled Out of Order 2/3 Vote required Declared unanimous by Moderator Motion Carried as Amended 26 Annual Town Meeting April 29, 2010 Goals of Proposed Sign By-Law Amendments Review and incorporate input/concerns received from ^ Strive = make by-laws more business friendly . C="/"~.== Offer aesthetic advice and considerations (Design Guidelines in the form of a Business Development . Preserve community character . -_ Proposed Amendments: Business n(dv.nmwn Two Sign Allowance Current Only 1 sign is,allowed (one projecting or one wall) Proposed: Businesses in the Business-B zoning district would be allowed 2 signs. The amendment allows 2 signs if the second sign is a projecting sign, awning sign or 2 wall signs if located on 2 different building -- facades. ----------------------- | Background: ^ Businesses surveyed by the oDCmm0B. ~ �Ihe survey found signage to be a major 71j, 7, concern for business 'm2009 the EDc began �� ^ a public forum was sign by-law. held m January cmu ~The opoo has been working "" the sign � by-law amendments ----------- since January. sDC ~sconomic Development Commission o=w=* W.=~ TOWN OF READING Community Planning & Development Commission Zoning District Map Legend Proposed Aimencliments to Sign By-Law Section 6.2 Warrant Article 27 Annual Town Meeting, Spring 2010 Goals of Proposed Sign By-Law Amendments Review and incorporate input/concerns received from ^ Strive = make by-laws more business friendly . C="/"~.== Offer aesthetic advice and considerations (Design Guidelines in the form of a Business Development . Preserve community character . -_ Proposed Amendments: Business n(dv.nmwn Two Sign Allowance Current Only 1 sign is,allowed (one projecting or one wall) Proposed: Businesses in the Business-B zoning district would be allowed 2 signs. The amendment allows 2 signs if the second sign is a projecting sign, awning sign or 2 wall signs if located on 2 different building -- facades. ----------------------- | Background: ^ Businesses surveyed by the oDCmm0B. ~ �Ihe survey found signage to be a major 71j, 7, concern for business 'm2009 the EDc began �� ^ a public forum was sign by-law. held m January cmu ~The opoo has been working "" the sign � by-law amendments ----------- since January. sDC ~sconomic Development Commission o=w=* W.=~ A — Frame Portable Signs 1 KING Current: Not permitted Proposed: Allow in Business B district, with a yearly permit from Board of Selectmen. Zoning District Map Legend Zoning Signs regulated by zoning district A — Frame Portable Signs 1 KING Current: Not permitted Proposed: Allow in Business B district, with a yearly permit from Board of Selectmen. Internally Illuminated Signs Allowed Not Allowed Clarified language allowing light to only shine through the letters & graphic (not allowed downtown) Sign Illumination All illuminated signs shall be turned off at the close of business. Window Sign Regulations I * - --- Allowed Not Allowed Current: 6 inch lettering , no more than 30% of the glass Proposed: 8 inch lettering, no more than 30% of glass ------------ Real Estate Signs 3A U Current Maximum of 8 sq. ft. real estate sign allowed without p ' ermit Proposed: Size based on business frontage in the Industrial Zoning District Temporary Signs Banners . .!, y.' .. Y IfIll 11 1 11111 1 lly'�— - Y— I >4 maximum sign area) or up to 14 consecutive days. Proposed: Allowed A times per year or no more than 56 days, Still Max. 16 sq. ft sign area Max 30 so. ft sign area if setback 50 ft or more from street 'Permit still required for temporary signs Grand Openings. 4 s �7 4� Current: Allowed under temporary signs for 14 days with sign permit Proposed: New Grand Opening provisions to allow signage, flags, streamers, balloons for 14 days with sign permit hlo nnnuJ T "�� Me"tin6 Guide book to Doing Business In Reading scyh.`�._ r The EDC is working on a business development guide book that will: Be a "Passport" outlining Town permitting processes and procedures Create a "one stop" guide to doing business in Town Educate business owners on Town departments and functions Provide Design Guidelines for signage _nie.v�nvJ Tenn 11—, Proposed Amendment by B. Brown 6.2.4 Exempt Signs a. Governmental Signs —Amend by deleting existing text "or any agency thereof' and adding "or Federal agencies or with express written permission thereof' o. Flags — Amend by adding 'Town Flag" and inserting "Flags" before the next phrase. ..._...- ._..___.___-- 6,2:5 Prohibited Signs ._---_-- '----- .__..._.___ . ....... .. ..._ _... -.._ 1. Balloons or blimps as Signs — Amend by adding "tethered" before the word blimps Artwork is exempt from sign regulations Current: Works of art with no commercial message are exempt from zoning as determined by the Building Inspector. Interpretation of "works of art with no commercial message" has been difficult to interpret. Proposed: Works of art with no commercial message are exempt from zoning with prior written approval from the Town Planner or CPDC. Town Counsel has provided a legal opinion as a guide to interpretation. min Mn"J T ".,, n�Rms Proposed Amendment by B. Brown 6.2.4 Exempt Signs Political Signs —Amend by deleting everything after the word vehicles so that it now reads: c. Political Signs on private properties or vehicles ARTICLE 28 — On motion by Nicholas Safina, Chairman of CPDC, it was voted to amend Section 4.4, Floodplain Districts, of the Town of Reading Zoning By -Laws by deleting in its entirety Section 4.4, and inserting in its place the following new section: Motion made by Ben Tafoya to Dispense of further reading Motion to Dispense Carried 4.4. FLOODPLAIN OVERLAY DISTRICT 4.4.1. Statement of Purpose: The purposes of the Floodplain Overlay District are to: 1) Ensure public safety through reducing the threats to life and personal injury; 2) Eliminate new hazards to emergency response officials; 3) Prevent the occurrence of public emergencies resulting from water quality, contamination and pollution due to flooding; 4) Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding; 5) Eliminate costs associated with the response and cleanup of flooding conditions; 6) Reduce damage to public and private property resulting from flooding waters. 4.4.2. Boundaries of Floodplain District: The Floodplain District is established as an overlay district. The Floodplain District includes all special flood hazard areas within the Town of Reading designated as Zone A and AE on the Middlesex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Middlesex County FIRM that are wholly or partially within the Town of Reading are panel numbers 25017CO292E, 25017CO294E, 25017C0303E, 25017C0311 E, 25017C0312E, 25017CO313E and 25017CO314E that go into effect on June 4, 2010. The exact boundaries of the District may be defined by the 100 -year base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS) report dated June 4, 2010. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Engineer 4.4.3 Definitions: AREA OF SPECIAL FLOOD HAZARD is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, Al -30, AE, A99, V1 -30, VE or V. BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in DEVELOPMENT means any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. DISTRICT means floodplain district. 27 Annual Town Meeting April 29, 2010 FEDERAL EMERGENCY MANAGEMENT AGENCY (FEK8A) administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas. ( 1 FLOOD BOUNDARY AND FLOODW&Y MAP means en official map ofacommunityiesuedby FEK8A that depicts, based on detailed anm|yoea, the boundaries of the 100'yoarand 500 year floods and the 1OQ-yeorMondway. (For maps done in1S87 and later, the flnodwoy designation is included on the F|RK8] FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community issued by FEKUAvvhere the boundaries of the Mood.and related erosion areas having special hazards have been designated ae Zone AorE. FLOOD INSURANCE RATE MAP (F|RK8) means an official map ofa community on which FEK8A has delineated both the areas of special flood hazard and the risk pnsnn}um zones applicable to the community. FLOOD INSURANCE BTW0ly means on examination, evahotinn, and determination of flood hazarda, and, if appropriate, corresponding water surface e}evations, or an examination, evaluation and determination of flood-related erosion hazards. FLO[H0WAY means the channel nfa river or other wmteroouraeondthe.adjmuerdlandareasthat must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or Mood resistant enc|cmune, usable solely for parking of vehicles, building aooeaa or storage in on area other than a basement area is not considered a building's lowest � floor. PROVIDED that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements ofNF|P Regulations 60.3. MANUFACTURED H[>K8E nneono a otructuna, transportable in one or more sections, which is built on e permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodp|ain management purposes the term "manufactured home" also includes park tnsUore, travel trailers and other ainni|er vehicles placed ono site for greater than 18O consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles, MANUFACTURED HOME PARK OR SDB0|l/VS|QN means u parcel (or contiguous porne|e) of land divided into two or more manufactured home lots for rent or sale. NEW CONSTRUCTION nnmana, foxfloodplain management, purposes, structures for which the "obsd of construction" commenced on or after the effective date of Uoodp|ain management regulation adopted by o community. For the purpose of determining insurance rates, NEW CONSTRUCTION means structures for which the "start of construction" (as evidenced by issuance of building permit) commenced on or after the effective date of an initial FIRM or after December 31.1974. whichever ielater. REGULATORY FUOOQWAY-see FbDODVWAY. SPECIAL FLOOD HAZARD AREA rneeno an area having special flood and/or flood-related erosion hezevde, and shown on an FHBN1 or FIRM an Zone A. AD. A1'30, AE, AQQ, AH. V. - V1-30.VE. 28 Annual Town Meeting April 20.2U10 STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. STRUCTURE, for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises. SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before - damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. ZONE A means the 100 -year floodplain area where the base flood elevation (BFE) has not been determined. To determinq the BFE, use the best available Federal, State, local or other data. ZONE Al -30 and ZONE AE (for new and revised maps) mean the 100 -year floodplain where the base flood elevation has been determined. ZONE AH and ZONE AO means the 100 -year floodplain with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. ZONES B, C, AND X are areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps. 4.4.4. Reference to Existing Regulations: The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non - structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: — Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR 120.G, "Flood Resistant Construction and Construction in Coastal Dunes "); — Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00); — Inland Wetlands Restriction, DEP (currently 310 CMR 13.00); — Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5); . — Town of Reading Zoning By -Law; and 29 Annual Town Meeting April 29, 2010 - Town of Reading Wetlands Protection By -Law. Any variances from the provisions and requirements of the above referenced State and local regulations may only be granted in accordance with the required variance procedures of such regulations. 4.4.5. Uses Permitted as of Right in the Floodplain Overlav District: In the Flood p lain, Overlay District, no new building shall be erected and no premises shall be used except for one or more of the following uses: 4.4.5.1. Municipal recreation, public water supply, drainage or flood control use, orchard, truck garden, nursery, or similar open use of the' land for the raising of agricultural or horticultural crops, for rifle, pistol and shotgun shooting on land of any established range. 4.4.6. Uses Permitted in the Floodplain Overlay District By Special Permit: 4.4.6.1. If authorized by the Board of Appeals, commercial golf course, or non - profit social, civic or recreational use (but not including any use the chief activity of which is one customarily conducted as a business); and buildings and sheds accessory to any use permitted in the district. 4.4.6.2. If any land defined in the bylaws as being in a Floodplain Overlay District is proven to be in fact neither subject to flooding nor unsuitable for human occupancy because of drainage and topographic conditions, and if the use of such land will not be detrimental to the public health, safety and welfare, the Board of Appeals may permit buildings for human occupancy on such land in accordance with the requirements of the underlying district after the necessary proof has been presented to and reported on by the Community Planning and Development Commission and the Board of Health. 4.4.7. Uses Prohibited in the Floodplain Overlay District: Dumping, filling or earth transfer or relocation operations are prohibited except for utility trenches, driveways, landscaping and accessory building foundations, or municipal or public facilities. 4.4.8. Conditions for Approval for uses Permitted in the Floodplain Overlay District: 4.4.8.1 Within the floodplain overlay district, no new construction, substantial improvement or other land development shall be permitted unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood. For the purposes of this section, substantial improvement shall be taken to mean: any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either Ca) __before the improvement is started,- or_______ - --- _ -- - - — - - - - -- - -- -- (b) if the structure has been damaged and is being restored after the damage occurred. 4.4.8.2 For new construction, substantial improvements of existing structures or other land development, the following conditions shall apply: 1) All new construction or improvement of non - residential structures shall either have the lowest floor, including basement, at or above the base flood elevation, 30 Annual Town Meeting April 29, 2010 or along with attendant utility and sanitary facilities, shall be flood proofed; i.e., designed so that below the established base flood elevation, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 2) Within Zones A and AE where base flood elevations are provided on the FIRM: elevations shall be determined by using the flood profile contained in the Flood Insurance Study. 3) Within Zones A and AE, where the base flood elevation is not shown on the FIRM, the applicant shall obtain any existing base flood elevation data as a basis for the elevation and flood - proofing requirements of this section and shall submit such base flood elevation data to the Board of Appeals at the time of making application for a special permit under this section. When base flood data is not available, the base flood elevation shall be determined through hydrologic and hydraulic analyses performed by a registered professional engineer in accordance with standard engineering practices. 4) The structure will withstand the effects of flooding. The ground level around and extending 25 ft. outward from any building or structure in a Floodplain District shall be raised as necessary so that no part of the ground level area so defined, shall be below the elevation shown on the FIRM. Embankments subject to possible scouring by flood waters shall be properly stabilized and protected to prevent erosion by flood waters. 5) The containment of sewerage, safety of gas, electric, fuel, and other utilities from breaking, leaking, short circuiting, grounding, igniting, electrocuting or any other dangers due to flooding, will be adequately protected. 6) Safe vehicular and pedestrian movement to or over, and from the premises shall be provided on ways having a minimum profile elevation of no less than the base flood elevation. 7) Methods of drainage shall be adequate. 8) Other land in the Floodplain Overlay District shall be protected from impacts resulting from all work of development both approved and not approved on the premises. 9) Where watertight flood proofing of a structure is permitted, a registered professional engineer shall verify that the methods used will be adequate to withstand the flood depths, pressures and velocities, impact and uplift, and other factors associated with the base flood. 10) A registered professional engineer shall certify that the above minimum conditions listed in Sections 4.4.4 and 4.4.8 are satisfied in the design 4.4.9. Base Flood Elevation and Floodway Date: 4.4.9.1. F000dway Data. In Zones A, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. 31 Annual Town Meeting April 29, 2010 4.4.9.2- Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals o[ other developments greater than 50 lots or aoreo. whichever is the lesser, within unnumbered Azones. 4.4.18 Notification of Watercourse Alteration: In e rivehne adueUon. the Conservation Commission ohoU notify the following of any alteration or relocation of a watercourse: N Adjacent Communities � NF|P State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 600-700 Boston, MA 02114-2104 " NF|P Program Specialist Federal Emergency Management Agency, Region | SQ High 8tnaet,OUhF|oor Boston, MA 02110 and further, that the Zoning Map of the Town of Reading be amended to adopt the boundaries of the new overlay district aodefined on the Middlesex County Flood Insurance Rate Map (FIRM) that goes into effect on June 4, 2010 and om further defined by the Middlesex County Flood Insurance Study (RS) report dated June 4.2O1O. PreoenbtiongivanbvJaanDe|ioo - PneoantaUonAttaohed 2/3 Vote required Declared unanimous. by Moderator Motion Carried 32 Annual Town Meeting April 2R.201O U1,90.,'" TOWN • is r�r Proposed Amendments to Floodplain Districts Section 4.4 Warrant Article 28 Annual Town Meeting, Spring 2010 ....... ... ........ Section 4.4 Floodplain Overlay District FEMA identifies flood hazards nationwide and publishes and updates flood hazard data in support of the national program. FEMA has developed new flood hazard data and revised some of the existing data for Reading as part of recent updates. Section 4.4 Floodplain Overlay District PROPOSED CHANGES Old 4.4 - Deleted New 4.4 — Based on Standard Boilerplate Language from the State plus included language from our existing Uses Permitted by Right (4.4.5) Uses Permitted by Special Permit (4.4.6) Uses Prohibited (4.4.7) Section 4.4 Floodplain Overlay District * The National Flood Insurance Program (NFIP) is a federal program available in participating communities. 4 The NFIP allows property owners the ability to purchase insurance as a protection against flood losses * The program requires adopting state and local floodplain management regulations that reduce future flood damages. Section 4.4 Floodplain Overlay District - Purpose Cities and Towns across the country are required to adopt the new FEMA data * In Reading's case this requires amending the zoning by -law Section 4.4 * Impact on Reading - the new floodplain overlay district extends only to the 100 year flood plain and not the 500 year flood plain that previously applied i Seciion 4.4 Floodplain Overlay District i New Maps 1 F- - ------------- - - - - | Section 44Flo^dplain Overlay District Meet pEmxx June 4,emndeadline ,Comply with the need m adopt the new pew data allowing property owners m continue mue eligible for federal flood insurance program. Note: No changes are anticipated between now and June 4, 2010. Section 4.4 Floodplain Overlay District What Does the Chancle mean? No impact on the way we regulate wetland areas under the State Wetlands Protection Act or the Local By-Law. • FEMA's new boundaries reduce the requirements under the federal program since it now only applies to properties in the 100 year floodplain. • Anyone that wants to get flood insurance can Section 4.4 Floodplain Overlay District No new properties are placed in the Floodplain. Property owners will continue to be able to purchase flood Time sensitive matter requiring action in advance of June 4, 2010. ARTICLE 29—Onmotion by Camille Secretary of Board of Selectmen, it was voted, pursuant to Section 2-6 of the Reading Home Rule Charter, to declare the seats of the following Town Meeting [Nanobars to be vacant and remove those persons from their position as Town Meeting Members for failure to take the oath of office within 30 days following the notice of election or for failure ho attend one half or more ofthe Town Meeting sessions during the- previous Precinct I - Ronald Thomas O'Keefe, Precinct Chair Crawford Lynne A 2011 Voted to keep Ba@TMK8 D'Entremont Keith 1 2011 Voted to keep as a TMM Precinct 2 - Peter Cournounduros. Precinct Chair Conneomney Joseph T Sr. 2011 Voted Lo keep gGaTMK8 Lam Wei E 2011 Voted to keep aaaTK8M Snow George A 2011 Voted to keep aogTMK8 Sullivan John B 2011 Voted tu keep aaoTK8M Precinct 3 - Francis Driscoll, Precinct Chair Jones Randall VV 2011 Voted to keep aaaTK8K8 Precinct 5 - Janice M Jones, Precinct Chair Kelley Timothy 1 2011 Voted to keep as a TMM Precinct 8 - Karen Gately Herrick, Precinct Chair Griset William J Jr. 2011 Voted to not to keep as a TMM Motion Carried as Presented bV Precinct Chairs ARTICLE 3 — On motion by Tony Rickley of Precinct 2 to bring Article 3 back to the table for an instructional motion Instructional Motion aofollows: Move that the Board of Selectmen be instructed to meet with Church leaders of the town who may be interested in pursuing the possibility of a program for plowing and / or removal of snow from church parking |oba and driveways by the town at some mutually agreed to terms and conditions, and costs payable to the town for such services. A report on pnzgneaa, and hopefully conclusions on such negotiations shall be made at the 2010 Subsequent Town Meeting desirable. Motion Carried 33 Annual Town Meeting April 2Q.2O1O _ On motion by Ben Tafoya, Chairman of Board of Selectmen it was voted that this Annual Town Meeting stand adjourned (sine die). (_ Meeting adjourned at 11:28 p.m. 151 Town Meeting Members were present. (NOOV A true copy. Attest: Laura A. Gemme Town Clerk 34 Annual Town Meeting April 29, 2010