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HomeMy WebLinkAbout2017-04-27 Annual Town Meeting Minutes ANNUAL TOWN MEETING Reading Memorial High School April 27, 2017 Performing Arts Center The meeting was called to order by the Moderator, Alan E. Foulds, at 7:40 PM, there being a quorum present. The Pledge of Allegiance to the Flag was said by all in attendance. Motion made by John Arena, Board of Selectmen to dispense of the reading of the warrant and all motions in their entirety. Motion Carried A presentation was done in honor of long time Town Meeting Member, Bill Brown. Bill has been a member of Town Meeting for fifty years. The following speech was given by past Town Meeting Member Frederick Van Magness Sr: Before I begin, please join me in thanking John Keough (firefighter & bagpiper extraordinaire), and members of the Reading Police Honor Guard, led by Lt. John McKenna, for the outstanding opening ceremony. It is indeed with a great deal of pleasure that I speak tonight on this very special celebration of Bill Brawn achieving, and tonight surpassing, 50 years as a Reading Town Meeting Member! Imagine, he's been an elected Town Meeting member longer than some folks in this room have been alive 11 When his daughter Darcy spoke to him Tuesday, she asked if they played "Hail to the Chief' for him Monday. According to Darcy, Bill said no and seemed disappointed! Well Bill, tonight is YOUR "Hail to the Chief' moment which has been secretly planned with Darty, Stephen, Sarah, town officials, and others for quite a while now, all along keeping you in the DARK! With Bill, there is really so much material from his 50 years of service, it is hard to pick just a few highlights, but I will try. Bill first started his quest for a Town Meeting seat in Precinct 8...a historically difficult precinct in which to win a place on Town Meeting...back in the late 1950's. As a matter of fact, it took him 9 attempts to finally gain a seat. I often wonder what those folks were thinking when they took so long to elect him, but in 1967 Bill finally won and was officially sworn in. For more than 17 additional election cycles the folks in Precinct 8 re-elected him over and over......according to Bill, he was never the top vote-getter but never the lowest either. Through all these years, Bill has educated himself in the operation of Town Meeting, become an outspoken local resource on Robert's Rules of Order, periodically driving town counsel nuts along the way, and through it all worked to make Town Meeting a continuing vibrant local legislative body. He was actively involved in the Town Charter Commission and its' recent redo as well as serving many times as his Precinct's Chairman, a member of the Rules Committee, the Cemetery Board of Trustees, RMLD Commissioner, and numerous study committees. Bill used to boast that because of his years of Town Meeting experience, he knew where a lot of the dead bodies in town were buried. Guess the Board of Selectmen took that to heart when they appointed him to the Cemetery Board of Trustees to finish the job .....and keep him out of their hair ! In case you somehow missed it, Bill is usually a fiscal conservative and an outspoken critic of attempts by anyone to spend money and increase taxes WITHOUT knowing all the relevant facts. Bill is renowned for doing his research and digging up details to spur discussion. You had better have your facts right when debating with Bill. And he is the first to point out the differences between a Prop 2 1/2 override and a debt exclusion! Past efforts to argue against tax increases have earned him the moniker of Mr. Malcontent....according to Webster's....a person who can be dissatisfied, rebellious, a mischief maker, sometimes making trouble, an agitator. That sure seems to fit well I think 111 As a matter of fact, Bill must have liked the Malcontent label because in several Reading Town directories, he listed his official iiva9e ANNUAL TOWN MEETING Reading Memorial High School April 27, 2017 Performing Arts Center occupation as "AGITATOR"...the one and only in Reading and probably the state! Our town clerk had many discussions with Bill about changing that and I think she finally won! One thing that can always be said of Bill......he is unwavering in his attempts to win support for his positions. As a Town Meeting member, he has always been very principled. He will never vote to Move the Question and will often call for quorum counts to see if Town Meeting should be cancelled due to lack of attendance to name a few of his favorites. No matter what is going on, it is likely you will see Bill around town. When his loving wife Barbara died from Lou Gehrig's disease, Bill stepped up in her memory and took it upon himself to collect bottles and cans all year long to obtain deposits to pay for the bottled water for the ALS/Angel Fund annual walk around the lake, and he can be seen there every year passing out water to walkers....his way of giving of himself. When asked why he didn't provide ice for cold water, his response was "My grandson served overseas to fight for your freedom. If he can drink warm water, so can you"! And Bill's devotion to Veterans is unwavering. As many know, for years geraniums have been placed at our Veterans graves for Memorial Day. When the town stopped funding this effort, Bill recruited Carl McFadden to help raise an endowment fund to fill the need, and then went further to design and have fabricated 600 special Flower holders made at the Northeast Regional Vocational School from re-purposed aluminum sign material he salvaged from the Bancroft Ave. tennis courts to ensure the flowers did not fall over. I had an interesting chat with Bill a couple of weeks ago when he was reminiscing about his time at Town Meeting. Those chats are always interesting. Bill brings up things like: Do you know how many cracks are in the new library retaining wall due to dry concrete poured on a hot day? Do you know that the design of the library interior railings means they will not last long? Do you know we spent extra money to have those fancy traffic lights on West St. and the black paint peeled because they were not supposed to be installed north of the Mason Dickson Line? How about those fancy brick crosswalks on Main St. or the bollards we spent thousands on? Then there is Bill's long standing personal crusade to sell vacant town property, particularly the lots on Oakland Rd., and his constant vigilance on how the American Flag is flown and displayed. And then there was the meeting at RMLD to discuss the hiring process for a temporary GM. When a Selectman from another town wanted to take part in the process, Bill informed him that if he wanted a say, his town should buy their share of the RMLD. Otherwise, Reading owns it! It is safe to say that there is NO tent that Bill Brown cannot find a way to get his nose under and offer an opinion!! One thing his daughter Darcy always remembered her dad saying was "If they don't want my opinion, they can stop sending me a tax bill but let's not be naive and think that would stop him from adding his two cents worth! No wonder he has the nickname of Malcontent!! In a recent chat, Bill mentioned that he really liked a particular Town Meeting member who was a former Finance Committee Chairman and longtime BOS member...Bill felt he was always very conservative...UNTIL he was appointed to the School Building Committee and then, according to Bill, he wasn't all that conservative anymore and was all for spending lots of money. I thought, hmmm, how interesting. Bill has always been the ultimate conservative at Town Meeting, BUT, when he got appointed to the Cemetery Board of Trustees, he became a building SPENDER himself with his plan for a new Cemetery garage.....so was it a case of Bill calling the kettle black? He and I have gone a lot of rounds on this one topic! When I opposed his preferred garage location at Forest Glenn....my preferred was at New Crossing Rd... he knew right where my family lot was along his proposed new garage entrance road and he said I better get with the program or he would have the crews pile all the road snow on my lot ! Indeed, my AGITATOR friend Bill!! By the way, Bill is probably the largest landowner in Laurel Hill Cemetery.....with dozens and dozens of burial lots, some possibly reserved for his friends. Bill, do you really have that many??? So if you need a lot, check with Bill and see if you're on his friends list ! Speaking of cemetery's, when Bill and I get into one of our frequent debates, he often reminds me that I had better behave myself or he will have the National Guard return with their trucks and their smelly exhaust pipes and haul another 400 yards of compost material around town by driving in front of my house, like he did for the Wood End Cemetery. We could not breath for days on Franklin St, but Bill got the job done for FREE! 21Pa ,e ANNUAL TOWN MEETING Reading Memorial High School April 27, 2017 Performing Arts Center All fun aside, today we mark this very special occasion of Bill's 50 years of elected membership in Reading's Town Meeting.....a mark that has never been reached by anyone else and which may stand as a record for many many years to come. I suspect Bill will continue to run for reelection again and again to add to the yearly tally.....probably to ENSURE that nobody will ever come close. His next goal may well be to hold the record as the first 100 year old member...and I bet he will make it 1 After all, it is only 4 more election cycles away. While we are celebrating Bill's 50th anniversary, I believe we are here to also celebrate the character of a man who constantly displays the traits of civility, friendship, honesty, patriotism, love of family and his faith, loyalty, and personal friendship and respect that define him. How nice it is to have an honest debate with Bill on almost any subject and when you think that the disagreement may seem deep, he will end the conversation by saying "You are entitled to your opinion...I don't agree with it, but you are still my friend". So often we lose sight of this simple act of graciousness, but it really typifies the character of the proud and honest man Bill is, and we can all learn a lesson from him. Without a doubt nobody can honestly say that Bill as not a good and honorable man! As our Town Manager recently said of Bill, in all his public dealings, what is best for the community is Bill's sole policy objective, done with sustained grace and civility at all times. With Bill, nobody could ask for more or expect less! It is obvious that voters saw these same traits in reelecting him for 17 terms. Bill has been a remarkable resident of Reading for all but the first three years of his life and a friend who will always hold a special place in our hearts for his love and devotion to such a worthwhile endeavor.....the ongoing success of this fine town he loves so deeply. And to ensure he is properly identified in public, I have a little gift to memorialize this occasion....with a special thanks to Mark Doherty of Dynamics Sports for his very helpful assistance and personal desire to share in this project HI!!! Please join me in a "Hail to the Chief"...Bill Brown, Reading's own Mr. Malcontent... on this most significant accomplishment. One final comment from Bill's daughter today via mail since she could not be here.......I'm so grateful for ALL of you!! This will be such an amazing highlight of dads accomplishments. To so many he is an opinionated, cranky man....Well, he's that to me and more. He's a man of honor, courage and integrity. He always did what was necessary to provide for his family. I just get the privilege of calling him dad". Now it is with great pleasure that I introduce Bill's grandson....Stephen Hildreth.....who will share some special Bill Brown memories from the family...... Motion made by John Arena, Board of Selectmen to take Article 19 off the Table. Motion Carried Article 19: Motion made by the Community Planning and Development Committee that the Town vote to amend Sections 5.3.1, 5.3.2, and 5.4.7 of the Zoning Bylaw by: (a) Amending the Table of Uses for Business and Industrial Districts set forth in Section 5.3.1 as shown below, with additions being shown in bold and deletions being struck through: 5.3.1 Table of Uses for Business and Industrial Districts 3l Page ANNUAL TOWN MEETING Reading Memorial High School April 27, 2017 Performing Arts Center ACCESSORY USES BUS A BUS 8 BUS C IND PUD-0 PUD-IOverlay Overlay Attached Accessory Apartment Contained Within an Existing Single- Yes Yes No No No No Family Dwelling — no addition to gross floor area Detached Accessory Apartment SPA SPA Associated with a- =t:-; Single- SPP SPP No No No No Family Dwelling SPA SPA (b) Amending the Table of Uses for Residence Districts set forth in Section 5.3.2 as shown below, with additions being shown in bold and deletions being struck through: 5.3.2 Table of Uses for Residence Districts RES ACCESSORY USES 5-15 RES RES PRD-G PUD-R 5-20 A-40 A-80 PRD-M 5-40 Attached Accessory Apartment Contained NO within an Existing Single Family Dwelling Yes a No No No — no addition to gross floor area Attached Accessory Apartment Contained Within New Construction of or Addition SPA PSA No No No to a Single F family Dwelling Asseeiated SPA NO Pie Pte with an Existing-S ngle Family elling. Preservation of a Carriage House, Stable, or Barn for Use as a Detached Accessory SPA SPA SPA No No Apartment Detached Accessory Apartment (not in SPR Ne an existing Carriage House, Stable or SPP SPP No No No Barn) Associated withw�. n SPA SPA of a Single Ffamily Dwelling (c) Amending Section 5.4.7.2 as shown below, with additions being shown in bold and deletions being struck through: 5.4.7.2 Restrictions Accessory Apartments may be allowed as shown in the Tables set forth in Sections 5.3.1 and 5.3.2 5-4-and subject to the applicable performance standards set forth below. 41 Page ANNUAL TOWN MEETING Reading Memorial High School April 27, 2017 Performing Arts Center Accessory Apartment(detached) (existing building may be expanded Principal Residenceprovided no portion of the structure is within the"No Build Area") Exterior Wall of Principal Dwelling Off Street Parlang/Drveway "No Build Area" Right Except as noted,a Detached whay Accessory Apartment may not be located between any exterior wall of the Principal Single Family Dwelling and any right-of-way Accessory Apartment(Detached) Principal Residence Existing structure may be expanded into the"No Build Area- Exterior Wall of Principal Dwelling "44, "No Build Area" I 7 Ri94tat qay Except as noted,a Detached Off street Accessory Apartment may not Parking/Driveway �be located between any exterior wall of the Principal Single Family Dwelling and any right-of-way 5lPage ANNUAL TOWN MEETING Reading Memorial High School April 27, 2017 Performing Arts Center Accessory Apartment Attached) Principal Residence Except as noted,a Detached Accessory Apartment may not be located between any exterior wall of the Principal Single Family Dwelling and any right-of-way No Build Area" r + ' r Exterior Wall of Right of Way off Street Principal Dwelling Parking/Driveway Exterior Well of Principal Dwelling Aaaoay ApnNlwx i 4Attached) r _ i r i Principal Residence Excels as noted,a DeWched n Accessary between l may not cemorw between my ,a ----- exteriorwallof the Png and Single Family UxdlMg ext 8. any ngmaf-way 'No Build Area" r Exterior Well of Rkjnt of way OR Street Principal Dwelling ParkinglDnvewey (d) Amending Section 5.4.7.3 by adding, after the first sentence thereof, the following: 6Pa9e ANNUAL TOWN MEETING Reading Memorial High School April 27, 2017 Performing Arts Center "The SPGA may grant a waiver from the standards set forth in sections 5.4.7.3a through j inclusive where necessary to install features that facilitate access and mobility for disabled persons; however, in no case shall the SPGA waive or allow modifications to requirement k below." and (e) Deleting Subsection 5.4.7.3k in its entirety and inserting, in place thereof, the following: k A Detached Accessory Apartment shall not be located between any exterior wall of a Principal Single Family Dwelling and any right-of-way (the "No Build Area"), unless it is created through the conversion of an accessory structure located within the No Build Area that was constructed or permitted prior to 2017, or through the preservation of a carriage house, stable or barn that was constructed or permitted prior to 2017; provided, however, that such conversion of an accessory structure or preservation of a carriage house, stable or barn for use as an Accessory Apartment shall not result in the addition of gross floor area to that portion of the structure that is within the No Build Area. No Special Permit for an Accessory Apartment shall be issued unless the SPGA finds that the exterior appearance of the Accessory Apartment, and any accessory structure, carriage house, stable or barn modified to accommodate a Detached Accessory Apartment will maintain the essential character of the neighborhood and will be compatible with the Principal Single Family Dwelling on the same lot and with other dwellings on adjoining lots. Background: This Article is an amendment to the Accessory Apartments bylaw, Section 5.4.7 of the Zoning Bylaw, as well as amendments to the Table of Uses for Business and Industrial Districts, Section 5.3.1, and amendments to the Table of Uses for Residence Districts, Section 5.3.2. The intent of the existing Accessory Apartment bylaw is to allow owners of Single-Family homes the Flexibility to establish an accessory unit - either attached or detached - on the property, which fosters multi- generational living and allows for added economic opportunity and Flexibility for empty-nesters and the Town's aging population. The intent is NOT to change the single-family fabric and character of a neighborhood in a significant and obvious way. Article 19 seeks to better align this intent with what is allowed to be built - specifically with regards to Detached Accessory Apartments - by adding specificity to the language used in the bylaw, and through modifications to the Performance Standards that regulate the location and expansion of Detached Accessory Apartments in order to preserve single-family neighborhood character. Article 19 also clarifies the use descriptions in the Use Tables, allows accessory apartments in the A-40 Zoning District, and places oversight of Detached Accessory Apartments under the authority of the Community Planning and Development Commission (CPDC), an entity appropriately suited to mitigating impacts of development on abutters and neighborhoods. Presentation given by: • Jean Delios - See Attached • John Weston - See Attached Finance Committee Report: No report Bylaw Committee Report: No report Community Planning and Development Committee - given by John Weston: On Monday, February 13, 2017, the CPDC convened to hold a public hearing on the proposed Article 19. All documents were made available on the town website. The public hearing was held to provide an opportunity for 7i•age ANNUAL TOWN MEETING Reading Memorial High School April 27, 2017 Performing Arts Center comment and to determine whether the provisions of the proposed Zoning Bylaw Amendment shall be adopted by the Town. The February 13, 2017 public hearing was opened at approximately 8:00 p.m. Any comments received at the hearing were included as part of the record of the hearing. On February 13, 2017 the hearing was closed. The CPDC voted 4-0-0 to recommend Article 19 to Town Meeting. Board of Selectmen Reoort: The Board of Selectmen on March 7, 2017 voted 5-0 to support this Article. After some discussion a vote was taken: 2/3rd Vote Required Declared Unanimous 158 Town Meeting Members in Attendance Motion Carried as Amended Overview of Articles 20-21-22 — given by Bob LeLacheur On November 8, 2016, Massachusetts's voters approved a citizen's petition (State Ballot Question 4) to legalize the so-called recreational use of marijuana by a vote of 53.7% to 46.3%, a margin of 7.2%. This will allow individuals 21 years or older, to use, possess, and cultivate, marijuana in established amounts commencing on December 15, 2016. In addition, the Cannabis Control Commission ("CCC"), a newly established state agency, must promulgate regulations by March 15, 2018, and begin accepting applications from commercial marijuana businesses, including cultivators, testing facilities, product manufacturers, and retailers ("marijuana establishments"). The CCC must act on all applications within 90 days of receipt. Therefore, the first marijuana establishment will be authorized to open its doors no later than June 2018. Although the CCC will be in charge of all licensing, the statute appears to leave a significant role for municipalities in the regulation of marijuana establishments. Local voters rejected State Ballot Question 4 by a vote of 6,800 yes (44.9%) and 8,353 no (55.1%). The legal impact of the passage of the ballot question state-wide is still being debated on Beacon Hill, and there is frankly a lot of differing views and confusion on implications or next steps. To simplify greatly, the ballot question could be viewed as having two components: personal use and commercial use. After the results of the local vote, the town took very proactive steps in late November to advertise a Public Hearing for the purposes of discussing changes to the Zoning Bylaws. This had the effect of stopping any commercial marijuana applicants during a period of time between the December 2016 effective date and the time the state did ultimately step in to delay the entire process. There is a lot of uncertainty in this area. Town Counsel has had extensive discussions with different parts of state government and come away with three conclusions, if the town wishes to prohibit the commercial only aspect of State Ballot Question 4: (1) a vote of the voters in Reading is a requirement; (2) a vote by Town Meeting to change the Zoning Bylaw is the only method to enact such a prohibition; and (3) A Special Act solidifies these two actions. On April 4th Reading voters will be asked their opinion on prohibiting commercial use as shown previously in Question 1 of Article 1 of this Warrant. Please see the chart below for the various possible paths forward: 811. , e ANNUAL TOWN MEETING Reading Memorial High School April 27, 2017 Performing Arts Center Ballot Town Town Question 1 Meeting Meeting If that local ballot question on April 4th does not pass, then Articles 20 and 22 below will be tabled. Article 21 will proceed - a moratorium to make sure the town has time to seek public input and legal guidance on what is a best practice for commercial marijuana establishments. If that local ballot question passes on April 4th, then Town Meeting will be asked to vote on Article 20 which is the action to ban commercial marijuana establishments through a change to the Zoning Bylaw. If Article 20 also passes, then Article 21 will be tabled and Article 22 (Special Act) will solidify the votes taken by the voters and Town Meeting. If Article 20 does not pass, then Article 21 (moratorium) will proceed for the reasons listed above, and Article 22 will be tabled. Note that none of these possible actions change the previously approved Zoning Bylaw Section 5.6.5 Special Requirements for Registered Medical Marijuana Dispensaries, or impact the so-called personal use portion of the passage of State Ballot Question 4. ARTICLE 20: Motion made by the Community Planning and Development Committee that the Town vote to amend Sections 2 and 5.3 of the Zoning Bylaws to prohibit marijuana establishments other than Registered Marijuana Dispensaries by: (a) Inserting into Section 2.0, in appropriate alphabetical order, the following: Marijuana Establishment: A commercial marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer, or any other type of marijuana-related business, subject to regulation under Chapter 94G of the Massachusetts General Laws; provided, however, that a Registered Medical Marijuana Dispensary shall not be deemed to be a Marijuana Establishment. (b) Inserting into the Table of Uses for Business and Industrial Districts, set forth in Section 5.3.1, after the entries for"Convenience Store," the following: PRINCIPAL BUS A BUS B BUS C IND PUD-B PUD-I USES Overlay Overla Marijuana No No No No No No Establishment and (c) Inserting into the Table of Uses for Residence Districts, set forth in Section 5.3.2, after the entries for"Roadside Stand," the following: 91pa' e ANNUAL TOWN MEETING Reading Memorial Nigh School April 27, 2017 Performing Arts Center u a I� to e iIU, Marijuana No No No No No Establishment Presentation given by: • Bob LeLacheur - See Attached • John Weston - See Attached Backaround: To define 'marijuana establishment' and then to ban them from all zonings areas within the town, as shown by the Table of Uses above. Finance Committee Report: No report Bylaw Committee Report - aiven by Jeff Struble: At their meeting on March 27, 2017 the Bylaw Committee voted 3-1-0 to recommend this Article to Town Meeting. Board of Selectmen Report: The Board of Selectmen on March 7, 2017 voted 5-0 to support this Article. Community Plannino and Development Committee - given by John Weston: On Monday, January 9, 2017, the CPDC convened to hold a public hearing on the proposed Article 20. All documents were made available on the town website. The public hearing was held to provide an opportunity for comment and to determine whether the provisions of the proposed Zoning Bylaw Amendment shall be adopted by the Town. The January 9, 2017 public hearing was opened at approximately 7:30 p.m. Any comments received at the hearing were included as part of the record of the hearing. The public hearing was continued to Monday, February 13, 2017 at 7:30 p.m. to allow time for further discussion and public input. On February 13, 2017 the hearing was closed. The CPDC voted 3-1-0 to recommend Article 20 to Town Meeting. 2/3rd Vote Required 106 Voted in the affirmative 32 Voted in the negative 158 Town Meeting Members in Attendance Motion Carried ARTICLE 21: Motion made by John Arena, Board of Selectmen to Indefinitely Postpone and Article 21 was Indefinitely Postponed. Motion Carried ARTICLE 22: Motion made by the Board of Selectmen that the Town vote to authorize on behalf of the Town to petition the General Court for passage of a special law substantially as provided below. The Legislature may make clerical or editorial changes in form only to the bill, unless the Board of Selectmen 101 Pa g ANNUAL TOWN MEETING Reading Memorial High School April 27, 2017 Performing Arts Center approves amendments to the bill before enactment by the Legislature. The Board of Selectmen is hereby authorized to approve amendments that shall be within the scope of the general public objectives of this petition. AN ACT RATIFYING AND VALIDATING THE ADOPTION OF A MARIJUANA ESTABLISHMENT PROHIBITION IN THE TOWN OF READING SECTION 1: Notwithstanding any general or special law to the contrary, the vote taken by the Town of Reading under Article 20 of its Annual Town Meeting of April 24, 2017 to amend Sections 2 and 5.3 of the Town's Zoning Bylaws to prohibit marijuana establishments other than Registered Marijuana Dispensaries, as authorized by a vote of the voters under Question 1 of the April 4, 2017 Annual Town Election, and all actions taken pursuant thereto and in reliance thereon, are hereby ratified, validated and confirmed. SECTION 2: This act shall take effect upon its passage. Background: This Special Act will strengthen any actions taken by Town voters and Town Meeting to ban commercial marijuana from the community. While this may seem like a belt & suspenders & super glue approach, the uncertainty surrounding the entire situation resulted in one of Town Counsel's inquiries of state officials to agree that this was the best path forward. Presentation given by: . Bob LeLacheur - See Attached Finance Committee Report: No report Bylaw Committee Report - given by Jeff Struble: At their meeting on March 27, 2017 the Bylaw Committee voted 4-0-0 to recommend this Article to Town Meeting. Board of Selectmen Report: The Board of Selectmen on March 7, 2017 voted 5-0 to support this Article. Motion made by Stephen Crook, Precinct 2 to move the question 2/3rd Vote Required 82 Voted in the affirmative 62 Voted in the negative 158 Town Meeting Members in Attendance Motion to Move the Ouestion Does Not Carry Motion made by Bruce Mackenzie, Precinct 8 to amend as follows: SECTION 1: Notwithstanding any general or special law to the contrary, the vote taken by the Town of Reading under Article 20 of its Annual Town Meeting of April 24, 2017 to amend Sections 2 and 5.3 of the Town's Zoning Bylaws to prohibit marijuana establishments other than Registered Medical Marijuana Dispensaries, as authorized by a vote of the voters under Question 1 of the April 4, 2017 Annual Town Election, and all actions taken pursuant thereto and in reliance thereon, are hereby ratified, validated and confirmed. Motion Carried After some discussion a vote was taken: 111Paee ANNUAL TOWN MEETING Reading Memorial Nigh School April 27, 2017 Performing Arts Center Counted Vote 113 Voted in the affirmative 33 Voted in the negative 158 Town Meeting Members in Attendance Motion Carried as Amended ARTICLE 23: Motion made by the Community Planning and Development Committee that the Town vote to amend Section 10.5 of the Zoning Bylaw (Downtown Smart Growth District) by deleting Section 10.5.10.1 in its entirety, and inserting the following in place thereof: 10.5.10.1 Number of Affordable Units Affordable units shall be provided in projects of more than twelve (12) units, as follows: • Except as otherwise provided by this section, twenty percent (20%) of all dwelling units constructed in an ownership Development Project shall be Affordable Units. . Except as otherwise provided by this section, twenty-five percent (25%) of all dwelling units constructed in a rental Development Project shall be Affordable Units. . For Development Projects in which all of the dwelling units are limited to occupancy by elderly persons and/or by persons with disabilities, twenty-five percent (25%) of the dwelling units shall be Affordable Units, whether the dwelling units are Rental Units or Ownership Units. Background: This Article is an amendment to the Downtown Smart Growth District (DSGD) bylaw, Section 10.5 of the Zoning Bylaw, specifically to subsection 10.5.10.1 Number of Affordable Units. The intent of the amendment is to bring the Downtown Smart Growth District (Chapter 40R Overlay District) requirements for affordability into alignment with the Chapter 40B requirements for counting units on the Town's Subsidized Housing Inventory (SHI). Under Chapter 40B, if 25% of the units in a rental housing project are available to households earning at or below 80% of Boston Area Median Income (as determined on an annual basis by HUD), all of the units in a rental housing project can count on the Town's SHI, which helps the Town achieve the 10% state mandate for affordable housing. The current DSGD bylaw has a 20% affordability requirement, which is the minimum percentage required under Chapter 40R. Therefore, if a rental project is built and only provides 200% of the units as affordable, only the affordable units count on the Town's SHI. Increasing the requirement for affordable housing to 25% for rental would allow the Town to take credit for all of the units in future rental projects. Ownership projects are and would still be allowed to provide just 20% of units at an affordable level, since only the amount of affordable units count towards the Town's SHI. We have verified with the State that MGL Chapter 40R allows municipalities to bifurcate regulations based on tenancy type. In addition, Article 23 takes advantage of another provision under MGL Chapter 40R, which allows a small projects exemption from affordability requirements (projects of 12 units or less). Presentation given by: . John Weston - See Attached Finance Committee Reoort: No report Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen on March 7, 2017 voted 5-0 to support this Article. 121 G., e ANNUAL TOWN MEETING Reading Memorial High School April 27, 2017 Performing Arts Center Community Planning and Development Committee — aiven by John Weston: On Monday, February 13, 2017, the CPDC convened to hold a public hearing on the proposed Article 23. All documents were made available on the town website. The public hearing was held to provide an opportunity for comment and to determine whether the provisions of the proposed Zoning Bylaw Amendment shall be adopted by the Town. The February 13, 2017 public hearing was opened at approximately 8:30 p.m. Any comments received at the hearing were included as part of the record of the hearing. On February 13, 2017 the hearing was closed. The CPDC voted 4-0-0 to recommend Article 23 to Town Meeting. Motion made by Ron D'Addario, Precinct 6 to amend as follows: 10.5.10.1 Number of Affordable Units Affordable units shall be provided in projects of more than twelve (12) ten (10) units, as follows: • Except as otherwise provided by this section, twenty percent (20%) of all dwelling units constructed in an ownership Development Project shall be Affordable Units. • Except as otherwise provided by this section, twenty-five percent (25%) of all dwelling units constructed in a rental Development Project shall be Affordable Units. • For Development Projects in which all of the dwelling units are limited to occupancy by elderly persons and/or by persons with disabilities, twenty-five percent (25%) of the dwelling units shall be Affordable Units, whether the dwelling units are Rental Units or Ownership Units. Motion Does Not Carry After some discussion a vote was taken: 2/3rds Vote Required 145 Voted in the affirmative 0 Voted in the negative 158 Town Meeting Members in Attendance Motion Carried ARTICLE 24: Motion made by the Community Planning and Development Committee that the Town vote to amend the Town of Reading's official Zoning Map to expand the existing Downtown Smart Growth District (DSGD) to include the entire Business B Zoning District in the downtown area, as shown below: 131 Page ANNUAL TOWN MEETING Reading Memorial High School April 27, 2017 Performing Arts Center PROPOSED DOWNTOWN SMART GROWTH DISTRICT EXPANSION ® oscg w.n.ronna o mo 400 6 fiz g�li n< Map a,f Tofpopping L 1-of p data v4117 ��� '.tti J 1l_= b r7 Fxbtin9'DSG :: : : — C u ga1� J 0Y Q' �;Y '� (� Ppoaea lDS on, hX ul� 1_f11o10 N "1 Background: This Article is an amendment to the Town's official Zoning Map such that the existing Downtown Smart Growth District (DSGD) bylaw would be expanded to include the entire Business B Zoning District in the downtown area, as shown on the attached map. Expanding the DSGD will provide property owners and developers with additional options for how to redevelop their properties, if and when they choose to. The DSGD is an overlay district and will not remove the underlying Business B Zoning, or require that any existing buildings be taken down involuntarily. The DSGD is not Eminent Domain. While the current Business B Zoning allows for commercial, institutional, and public uses; the DSGD will add to this by allowing residential and mixed-use projects as well. Expanding the DSGD has been discussed at numerous public forums over the past few years, and has recently taken on importance as the Town seeks to broaden its tax base through new growth. Presentation given by: . Nicholas Safina - See Attached Finance Committee Report: No report Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen on March 7, 2017 voted 5-0 to support this Article. Community Planning and Development committee - given by Nicholas Safina: On Monday, February 13, 2017, the CPDC convened to hold a public hearing on the proposed Article 24. All documents were made available on the town website. The public hearing was held to provide an opportunity for 141 Pa g ANNUAL TOWN MEETING Reading Memorial High School April 27, 2017 Performing Arts Center comment and to determine whether the provisions of the proposed Zoning Map Amendment shall be adopted by the Town. The February 13, 2017 public hearing was opened at approximately 8:30 p.m. Any comments received at the hearing were included as part of the record of the hearing. On February 13, 2017 the hearing was closed. The CPDC voted 4-0-0 to recommend Article 24 to Town Meeting. After some discussion a vote was taken: 2/3rds Vote Required 136 Voted in the affirmative 3 Voted in the negative 158 Town Meeting Members in Attendance Motion Carried A motion was made by Jonathan Barnes, Precinct 5 to reconsider Articles 20 and 22. A motion was made by Angela Binda, Precinct 5 to reconsider Article 21. Articles 20, 21 and 22 will be reconsidered at next posted session. On motion by John Arena, Board of Selectmen it was voted that this Annual Town Meeting stand adjourned to meet at 7:30 PM at the Reading Memorial High School Preforming Arts Center, on Monday, May 1, 2017. Meeting adjourned at 10:30 PM with 158 Town Meeting Members in attendance. Motion Carried A true copy Attest: Laura A Gemme, CMC / CMMC Town Clerk 151 Pa g