HomeMy WebLinkAbout2022-05-05 Annual Town Meeting MinutesANNUAL TOWN MEETING
Reading Memorial High School May 5, 2022
Performing Arts Center
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:34 PM, there being a quorum present.
The Pledge of Allegiance was said by all.
The following announcements were made by the Moderator:
Things got a little confusing on Monday. In order to make it a little more orderly this evening, here's how
we will proceed:
On the motion under Article 15, we begin where we left off on Monday - discussing a proposed amendment
by Mr. Berman.
Next, we have a correcting amendment by the proponents of the article - something they feel should have
been in their main motion.
Following that, I will take the proposed amendments in the order we received them at Town Hall. I'll call on
the individual proponents to state their cases. Then we debate, and ultimately, vote on them. I believe there
are nine.
Once we have handled them we return to debate on the main motion - either as originally proposed, or as
amended, depending on the votes on the amendments.
Once we have completed business under Article 15 we move back to Article 3 to take up four proposed
Instructional Motions.
ARTICLE 15 Motion made by Community Planning and Development Commission that the Town
vote to amend Section 10.5 of the Zoning Bylaw, Downtown Smart Growth District, with the additions being
shown in bold and italics and deletions being struck through, as follows:
10.5 Downtown Smart Growth District (DSGD)
10.5.1 Purposes
The purposes of the Downtown Smart Growth District are:
1 To provide an opportunity for residential development and to especially encourage mixed-
use development, including both new construction and renovation of existing buildings,
within a distinctive, attractive and livable environment that supports the commercial
revitalization of Downtown Reading.
2 To promote continuing development and redevelopment in Downtown Reading that is
pedestrian friendly and consistent with Reading history and architecture.
3 To ensure high quality site planning, architecture and landscape design that enhances the
distinct visual character and identity of Downtown Reading and provides an environment
with safety, convenience and amenity.
4 To provide for a diversified housing stock at a variety of costs within walking distance of
services and public transportation, including affordable housing and other housing types
that meet the needs of the Town's population.
5 To generate positive tax revenue for the Town, and to benefit from the financial incentives
provided by Massachusetts General Law Chapter 40R, while providing the opportunity for
new business growth and additional local jobs.
6 To encourage preservation and rehabilitation of historic structures and buildings.
7 To promote efficient use of land and existing parking supply and limit expansion within
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the district by encouraging shared parking.
8 To encourage adoption of energy efficient building practices and sustainable construction
methods.
9 To ensure compliance with the Massachusetts Department of Environmental Protection
storm water management policies and practices.
10 To ensure that the physical character of projects within the DSGD will be
compatible with nearby buildings, particularly existing residential uses.
10.5.2 Definitions
As used in this Article, the following terms shall have the meanings set forth below:
Accessory Building: A detached building the use of which is customarily incidental and
subordinate to that of the principal building or buildings and which is located on the same
lot. An Accessory Building shall not be used to house people, domestic animals or
livestock, nor shall it be used as an independent commercial enterprise. An Accessory
Building located within 10 feet of a principal building shall be subject to the dimensional
requirements applicable to the principal building.
Affordable Homeownership Unit: A dwelling unit required to be sold to an Eligible
Household per the requirements of this Section 10.4.
Affordable Housing Restriction: A deed restriction of an Affordable Unit meeting statutory
requirements in Massachusetts General Law Chapter 184 Section 31 and the requirements
of Section 10.5. 10 of this Article.
Affordable Rental Unit: A dwelling unit required to be rented to an Eligible Household per
the requirements of Section 10.5.10.
Affordable Unit: The collective reference to Affordable Homeownership Units and Affordable
Rental Units
Annual Update: A list of all approved and currently proposed Smart Growth Districts within
the Town of Reading, to be filed on or before July 31st of each year with the Massachusetts
Department of Housing and Community Development pursuant to Massachusetts General
Law Chapter 40R and applicable regulations.
Applicant: A landowner or other petitioner who files a plan for a Development Project subject
to the provisions of this Section 10.5.
Approving Authority (AA): The Community Planning and Development Commission (CPDC)
of the Town of Reading acting as the authority designated to review projects and issue
approvals under this Section 10.5.
AA Regulations: The administrative rules and regulations adopted by the AA pursuant to
Section 10.5.11.
As -Of -Right Development: A Development Project allowable under this Section10.5
without recourse to a special permit, variance, zoning amendment, or other form of zoning
relief. A Development Project that is subject to the Plan Review requirement of this Section
10.5 shall be considered an As -of -right Development. -
Consumer Services: A barber shop, dry cleaning or laundry establishment, photographer's
shop or studio or similar business where service is provided directly on the premises.
Design Standards: The document entitled Downtown Smart Growth District Design
Standards and Guidelines, originally dated October 2, 2009 and approved by the
Massachusetts Department of Housing and Community Development on October 31, 2009,
most recentlyes amended and approved by DNCD on March 3, 2020, pursuant to
Massachusetts General Law Chapter 40R Section 10 and applicable regulations. Said
Design Standards shall be applicable to all Development Projects within the DSGD that
are subject to Plan Review by the Approving Authority.
Development Project Or Project: A residential or mixed use development undertaken
under this Section 10.5. A Development Project shall be identified as such on the Plan
which is submitted to the Approving Authority for Plan Review.
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District Edge. The outermost edge of the Downtown Smart Growth District where
it is directly abutting another building lot and not bounded by a significant man-
made (i.e. railroad, major street) or natural (i.e. river, wetland resource)
feature.
Dwelling Unit: A structure or a portion of a structure containing in a self-sufficient and
exclusive manner facilities for sleeping, bathing, and cooking, including one full kitchen
and full bathroom facilities as defined by the Massachusetts State Building Code.
Eligible Household: An individual or household whose annual income is below eighty percent
(80%) of the area -wide median income as determined by the United States Department
of Housing and Urban Development (HUD), adjusted for household size, with income
computed using HUD's rules for attribution of income to assets.
Family: One (1) or more persons occupying a dwelling unit as a single house -keeping unit.
Domestic employees may be housed on the premises without being counted as a family
or families.
Floor Area Net: The actual occupied area of a building or buildings not including hallways,
stairs, mechanical spaces and other non -habitable spaces, and not including thickness of
exterior or interior walls.
Floor Area Gross: The sum of the gross areas of all Floors of a building, measured from the
exterior faces of the exterior walls or from the centerline of walls separating two buildings.
Gross Floor area does not include the following:
1 Basement space having at least one-half the Floor -to -ceiling height below grade, rated
as non -habitable by applicable building code.
2 Accessory parking (i.e., parking that is available on or off-site that is not part of the
use's minimum parking standard).
3 Attic space having a Floor -to -ceiling height less than seven feet, rated as non- habitable
by applicable building code.
4 Exterior balconies.
5 Uncovered steps, landings, and ramps.
6 Inner courts open to the sky.
Household Income Median: The median income, adjusted for household size, as reported
by the most recent information from, or calculated from regulations promulgated by, the
United States Department of Housing and Urban Development (HUD).
Institutional Use: A non-profit or quasi -public use or institution, such as a church, library,
public or private school, municipally owned or operated building, structure or land, used
for public purpose.
Lot Coverage: The portion of a lot expressed as a percent of the total lot area, that
is covered by principal and accessory buildings and structures.
Mixed -Use Development Project: A Development Project containing a residential Principal
Use and one or more Non -Residential, Secondary Uses as specified in Section 10.5.5.1,
provided that, in newly constructed buildings, separate and distinct building entrances are
provided for residential and non-residential uses.
Monitoring Agent: An entity designated by the Reading Board of Selectmen, which may be
the Reading Housing Authority or other qualified housing entity, with the power to monitor
and to enforce compliance with the provisions of this Bylaw related to Affordable Units,
including but not limited to computation of rental and sales prices; income eligibility of
households applying for Affordable Units; administration of an approved housing
marketing and resident selection plan; and recording and enforcement of an Affordable
Housing Restriction for each Affordable Unit in the DSGD (See Section 10.5.10.6).
Multi -Family Residential: A building containing feufthree or more residential dwelling units
designed for occupancy by the same number of families as the number of dwelling units.
Non -Residential Use: Office, Retail, Restaurant, Service or Institutional Use, inclusive, or
some combination of the same.
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Office: A place for the regular performance of business transactions and services, generally
intended for administrative, professional and clerical activities, including a medical or
dental office or health clinic.
Open Space: Civic Space, Green Space, and /or Private Amenity Space as defined
below.,
Civic Space: Portions of a private lot or building that are dedicated to civic use
including but not limited to: sidewalks, pathways, alleyways, seating areas,
benches, places to gather, etc. which may include streetscape features, water
features, decorative surface treatments (i.e., pavers, cobblestone, etc.) and
public art, and which could include Green Space as defined below, if open to
the public.
Green Space: Portions of a private lot or building including but not limited to:
landscaping, plantings, natural features, parks, gardens, living walls, green
roofs, trails, pathways, recreational uses, etc. whether connected to or visible
from the sidewalk, accessible to the public, provided as private, or provided
as a Private Amenity Space to building occupants.
Private Amenity Space: Green Space, balconies, terraces, courtyards, and other
open-air spaces that are available as private amenities only to the residential
or commercial tenants within the development.
Plan: A plan depicting a proposed Development Project for all or a portion of the Downtown
Smart Growth District and which is submitted to the Approving Authority for its review
and approval in accordance with the provisions of this Section 10.5.
Plan Approval: The Approving Authority's authorization for a proposed Development Project
based on a finding of compliance with this Section 10.5 and Design Standards after the
conduct of a Plan Review.
Plan Review: The review procedure established by this Article and administered by the
Community Planning and Development Commission of the Town of Reading as the
Approving Authority.
Restaurant: Any business establishment principally engaged in serving food, drink, or
refreshments, whether prepared on or off the premises provided, however, that drive
through windows are not allowed.
Residential Use: A building or part of a building containing Dwelling Units as defined herein
above and parking that is accessory to the Dwelling Units.
Retail Use: Business establishments selling goods and/or services to customers on- site,
generally for end use personal, business or household consumption. A reasonable amount
of storage consistent with Massachusetts Building Codes of said goods shall also be
assumed to be an incidental part of Retail Use.
Smart Growth District: An Overlay Zoning District adopted pursuant to Massachusetts
General Law Chapter 40R, in accordance with the procedures for zoning adoption and
amendment as set forth in Massachusetts General Law Chapter 40A and approved by the
Department of Housing and Community Development pursuant to Massachusetts General
Law Chapter 40R and applicable regulations.
Transitional Area: A site proposed for development or redevelopment under Chapter
40R that meets any of the following criteria: (1) is located at the District Edge,
(2) is directly abutting a lot containing a historic or cultural resource listed on
the Town of Reading's Historical and Architectural Inventory, or (3) is directly
abutting a lot containing a single-family, 2 -family or 3 -family dwelling, either
within or outside of the District. Underlying Zoning: The zoning requirements
adopted pursuant to Massachusetts General Law Chapter 40A that are otherwise
applicable to the geographic area in which the DSGD is located, as said requirements may
be amended from time to time.
Unduly Unreasonably ems.; -Sv Impair: A provision of - Smart Growth Distrct4OR
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Zoning or a Design Standard that adds unreasonable costs or unreasonably
diminishesimpairs the economic feasibility of proposed Development Projects In a Smart
Growth District.
Unrestricted Unit: A Dwelling Unit that is not restricted as to rent, price or eligibility of
occupants.
Use Accessory: A use subordinate to the Principal Use on the same lot or in the same
structure and serving a purpose customarily incidental to the Principal Use, and which
does not, in effect, constitute conversion of the Principal Use of the lot, site or structure
to a use not otherwise permitted in the Smart Growth District.
Use Principal: The main or primary purpose forwhich a structure, building, or lot is designed,
arranged, licensed, or intended, or for which it may be used, occupied, or maintained
under this Section 10.5.
Use Secondary: A use located on the same lot as a Principal Use but which is of equal or
lesser scale, impact, and visibility than the Principal Use. A Secondary Use is not an
Accessory Use, as it is largely independent from the Principal Use.
10.5.3 Scope and Authority
The Downtown Smart Growth District is established pursuant to the authority of
Massachusetts General Law Chapter 40R and applicable regulations, and shall be deemed to
overlay the parcels as shown on the Zoning Map of the Town of Reading, as amended. The
Applicant shall have the option of applying for Plan Approval pursuant to the zoning controls
set forth in this Article or complying with all applicable zoning controls set forth in the Zoning
Bylaw of the Town of Reading for the underlying district(s) or for other overlay zoning that
may be therein defined. Development Projects proceeding under this Article shall be governed
solely by the provisions of this Article and shall be deemed exempt from the standards and
/or procedures of the Underlying Zoning and other overlay provisions.
10.5.4 Establishment and Delineation of the DSGD
The Downtown Smart Growth District is an overlay district that is superimposed over the
Underlying District. The boundaries are delineated as the "Downtown Smart Growth District"
on the Official Zoning Map of the Town of Reading on file in the office of the Town Clerk, said
map hereby made a part of the Reading Zoning Bylaw.
10.5.5 Allowed and Prohibited Uses
Any use not listed herein as an Allowed Use Is deemed prohibited.
10.5.5.1 Allowed Uses
The following uses shall be permitted as -of -right in the DSGD upon Plan Approval pursuant
to the provisions of this article:
1 Multi -family Residential
2 Office *
3 Retail *
4 Restaurant
5 Institutional
6 Consumer Service
* Only as part of a Mixed -Use Development; see Section 10.5.7 below
In addition to the allowed uses listed above, the following uses are permitted as -of -right for
Development Projects within the DSGD subject to the requirements of this Article.
7 Open Space
8-7 Parking accessory to any of the above permitted uses, including surface, garage -under,
and structured parking
96 Accessory uses customarily incidental to any of the above permitted principal uses
SPeBe
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10.5.5.2 Prohibited Uses
The following uses are prohibited in the DSGD:
1 Any use which regularly emits strong odors, or dust particles, or smoke, or poses danger,
such as manufacture of acids, gases, fertilizers and glue, petroleum refining, reduction of
animal matter, and manufacture of cement, gypsum, or explosives.
2 Any other use dangerous to persons within or outside the District by reason of emission
of odor, fumes, gases, particulate matter, smoke, noise, vibration, glare, radiation,
electrical interference, threat of fire or explosion, or any other reason.
3 Any use that degrades water quality, reduces groundwater recharge, or Increases Flooding
are prohibited.
10.5.6 Dimensional and Other Requirements
Applications for Plan Approval shall be governed by this Section 10.5 and the Design
Standards for the Downtown Smart Growth District.
Maximum Floor Area Ratio (FAR) (Gross Floor Area / Lot Size) 2.8 1 2.4
Minimum Lot Frontage
50 feet
Maximum Lot Coverage
N/A
Minimum Lot Area
6,000 S
Number of Buildings per lot
N/A
Maximum Building Frontage
300 feet
Minimum Front Setbackl
0 feet
Maximum Front Setbackl
10 feet
Minimum Side Rear Setback2 abutting a Residential Zone
15 feet
Minimum Side / Rear Setback2 in DSGD or abutting Business-
B
0 feet
Total minimum setback from one of more lot lines (any
combination of front rear, or sides
30 feet
Interior Setback between buildings on same lot
15 feet
1 See 7. 1.1 of the Design Standards for front fagade setback requirements
2 See 7.1.2 of the Design Standards for building step -back requirements
Setbacks: Where projects are within a Transitional Area (as defined in this Bylaw and in the
Design Guidelines), setbacks may be further increased by the AA to no greater than 30 feet
upon a finding based on the project's massing, scale, or architectural design, that the project
fails to be compatible with the character of nearby residential buildings.
Sten -backs: Where projects are within a Transitional Area (as defined in this Bylaw and in
the Design Guidelines), step -back requirements may be further increased by the AA to no
greater than 25 feet upon a finding based on the project's massing, scale, or architectural
design, that the project fails to be compatible with the character of nearby residential
buildings.
10.5.6.1 Residential Density Allowances
The following residential densities shall be allowed on all lots and within all buildings within
the DSGD pursuant to the requirements of this Section 10.5:
Multifamily Residential 20 Units per acre
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The Approving Authority may provide a waiver as specified in Section10.5.12 to allow a
density in excess of that stated above.
The Approving Authority may provide a waiver as specified in Section 10.5.12 to
promote the renovation or adaptive reuse of existing buildings.
10.5.6.2 Dimensional Standards and Requirements
The following building heights shall be allowed on all lots within the DSGD, pursuant to the
requirements of this Section 10.5:
Multifamily Residential Buildings.... 33 Feet
Multifamily Residential Buildings with 45 Feet Commercial Uses on the Ground Floor .... 45
Feet
10.5.6.3 Contiguous Lots
In the DSGD, where two or more lots under common ownership are contiguous or are
separated by a right-of-way, such lots may be considered as one lot for the purpose of
calculating maximum lot coverage; parking requirements; minimum useable open space; and
dwelling units peracre.
10.5.6.4 Age -Restricted Housing Units
An Applicant may propose a Residential or Mixed -Use Development Project in which all
dwelling units are designed for or are accessible to the elderly or the handicapped under all
applicable laws and regulations, provided that not less than twenty-five percent (25%) of the
housing units in any such Development Project shall be Affordable Units. All such Development
Projects shall be governed by the requirements of this Section 10.5 and the Design Standards.
10.5.7 Mixed -Use Development
Development Projects may include a portion not to exceed 50% of the total 96ross #Floor
aArea to be used for non-residential uses including Office, Retail, Restaurant, Service or
Institutional Uses; provided that e0ffice or !Institutional uses an the -greund-ReeFmay not
utilize more than 33% of the total commercial gress square f. etageGross Floor Area -e#
that -floe r.
A minimum of 10% of the Development Project's total Gross Floor Area shall be
dedicated to commercial use, the calculation for which may Include any private
outdoor space that is also dedicated to commercial use.
10.5.8 Off -Street Parking and Loading
10.5.8.1 Off -Street Parking
Retail stores, offices and consumer service establishments located within three hundred (300)
feet of a public off-street parking facility shall be exempt from off-street parking requirements.
In all other cases, off-street parking shall be provided to meet the following minimum
requirements:
Retailor Restaurant.......................................................................................0 spaces
Office and Institutional................................................... 2 spaces per 1,000 square feet
Residential Units (studio, 1 and 2 bedroom) ................................. 1.25 spaces per unit
Residential Units (greater than 2 bedroom) ................................ 2 spaces per unit
Other Non -Residential, less than 2,000 square feet............................................0 spaces
Other Non -Residential, 2,000 square feet or more .........................................................
_Fc__ per 2,99G _,-_r= feet leasable space in excess of 2,000 square feet
...................................................................... 1 space per 2,000 square feet
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As indicated above, off-street parking is not required for Other Non- Residential uses in
the district unless such use exceeds 2,000 square feet of net floor area.
10.5.8.2 Off -Street Loading & Delivery
Front door and on -street deliveries are not allowed for non-residential establishments on Main
and Haven Streets. Off-street loading spaces shall be provided to meet or exceed the following
minimum requirements:
Restaurant...................................................................... 1 spaee per 2,099
leasable space in excess of 2,000 square feet ................. 1 space per 2,000 square feet
Other allowed Secondary Use
1 spaee per 5,009 SqUaFe `__t leasable space In excess of 2,000 square feet ..........
...................................................................... 1 space per 5,000 square feet
The Approving Authority may waive the loading space requirement if the Applicant
provides a plan proving that the loading space is not needed or can be shared.
10.5.8.3 Location of Parking
Any surface parking lot shall, to the maximum extent feasible, be located at the side or rear
of a building, relative to any public right-of-way, public open space, or pedestrian way. In no
case shall surface parking for new construction be permitted within the required front yard
setbacks.
10.5.8.4 Waiver of Parking Requirements
The Approving Authority may grant a Plan Approval making such modifications in the
standards or prescribe safeguards and conditions as it shall warrant appropriate, provided
that it finds that it is impractical to meet the standards and that such modifications are
appropriate by reason of the proposed use and will not result in or worsen parking or traffic
problems in the DSGD. The Approving Authority may impose conditions of use or occupancy
appropriate to such modifications.
10.5.8.5 Shared Use of Required Parking
Shared use may be made of required parking spaces by intermittent use establishments, for
example, churches, assembly halls or theaters, whose peak parking demand is only at
night or on specific days of the week; by other uses whose peak demand is only during the
day; or in public parking lots. At the time of application, a formal agreement shall be made
In writing by the owners of the uses involved concerning the number of spaces involved,
substantiation of the fact that such shared use is not overlapping or in conflict, and the
duration of the agreement.
The applicant shall demonstrate that shared spaces will meet parking demands by using
accepted methodologies (e.g., the Urban land Institute Shared Parking Report, ITE Shared
Parking Guidelines, or other Industry established studies on shared parking).
10.5.8.6 Cooperative Establishment and Operation of Parking Areas
Required spaces for any number of uses may be provided in a combined lot or lots (public or
private), provided that the number of spaces in the combined facility shall not be less than
the sum of those required of the Individual uses, with allowances made, upon formal
designation, for night use or for separate and distinct working shifts, and provided also that
such lot or lots shall be within 600 feet of the principal buildings served.
10.5.8.7 Visitor Parking
The Approving Authority may allow for additional visitor parking beyond the minimum
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required spaces per unit if deemed appropriate given the design, layout and density of the
proposed Development Project.
10.5.8.8 Parking Design
Parking shall be designed and constructed to comply with all applicable disability access
requirements including but not limited to the Americans with Disabilities Act (ADA) and 521
CMR.
Parking spaces within a garage, podium or other structure shall be not less than
eight (8) feet six (6) inches in width, and seventeen (17) feet in length. CPDC may
allow up to 25% of required parking spaces be provided as compact spaces at a
dimension not less than eight (8) feet in width and sixteen (16) feet in length. Drive
aisle width requirements shall comply with standards outlined in the most current
edition of the "Transportation and Traffic Engineering Handbook" put forth by the
Institute of Transportation Engineers, and will depend on the angle of the proposed
parking and whether the aisle is one-way or two-way; rows of compact spaces may
necessitate greater aisle widths to ensure turning movements can be made.
10.5.9 Open Space and Reereatienal AreasDesign
The site design for Development Projects may include common Oepen Sspace and fae 1 ties.
Where proposed, the plans and any necessary supporting documents submitted with an
application for Plan Approval within the DSGD shall show the general location, size, character,
and general area within which eemmen Oepen Sspace era, ei::tes will be located. The plans
and documentation submitted to the Approving Authority shall include a description of
proposed ownership and maintenance provisions of all eemmen Depen Sspace and feeH:t e
and, if requested by the Approving Authority, any necessary restrictions or easements
designed to preserve the Oepen Sspace and-FeeFeatonaFa;aas-from future development and,
when applicable, to ensure they are available for public use.
Civic Space, If within a private lot or building, shall be demarcated in such a way
(i.e., through signage, continuity of pavement markings, etc.) that the general
public will know the space Is for public use. When possible, Civic Space shall be
provided at street level, shall be visible from the street, and shall relate to the
streetscape in a manner that enlivens the area and encourages a community
experience.
To the extent possible, Civic Space shall be planned as single contiguous areas and
aligned with abutting Open Space areas. Buildings adjacent to usable Civic Space
should generally be oriented to that space, with access to the building opening onto
the Civic Space. The Approving Authority may require a project to provide public
access to the Civic Space from one or more streets, ways, or publicly accessed trails.
In addition, there shall be a clear arrangement in place regarding responsibility for
ongoing maintenance and management of any Civic Space located within a private
lot or building.
Upon consideration of the above information, the Approving Authority may approve a waiver
as provided for in Section 10.5.12 for a front setback to allow for common open space or
facilities.
10.5.10 Affordable Housing
Affordable Units shall comply with the following requirements:
1 The monthly rent payment for an Affordable Rental Unit, Including utilities and parking,
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shall not exceed thirty percent (30%) of the maximum monthly Income permissible for an
Eligible Household, assuming a Family size equal to the number of bedrooms in the unit
plus one, except in the event of an Eligible Household with a Section 8 voucher in which
case program rent limits shall apply.
2 For an Affordable Homeownership Unit the monthly housing payment, including mortgage
principal and Interest, private mortgage insurance, property taxes, condominium and/or
homeowner's association fees, insurance, and parking, shall not exceed thirty percent
(30%) of the maximum monthly income permissible for an Eligible Household, assuming
a Family size equal to the number of bedrooms in the unit plus one.
3 Affordable Units required to be offered for rent or sale shall be rented or sold to and
occupied only by Eligible Households.
10.5.10.1 Number of Affordable Units
Affordable units shall be provided in projects of more than twelae-eight (83-2) 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.
• For projects consisting of fewer than twelve (12) units, upon request of the
Applicant, the Approving Authority may waive the requirements of this section
as provided in Section 10.5.12.
10.5.10.2 Fractional Units
When the application of the percentages specified above results in a number that includes a
fraction, the fraction shall always be rounded up to the next whole number. f
0.5 er more. if the result qne'udes a fmetlen belew G.5, the freet on sigall be rounded down to
the next whele numbeF.
10.5.10.3 Design and Construction
Affordable Units must be dispersed throughout a Development Project and be comparable in
initial construction quality and exterior design to the Unrestricted Units. However, nothing in
this Section is Intended to limit a homebuyer's rights to renovate a Dwelling Unit under
applicable law. The Affordable Units must have access to all on-site amenities. Affordable
Units shall be finished housing units. All Affordable Units must be constructed and occupied
not later than concurrently with construction and occupancy of Unrestricted .Units. In
Development Projects that are constructed in phases, Affordable Units must be constructed
and occupied in proportion to the number of units in each phase of the Development Project.
10.5.10.4 Unit Mix
The total number of bedrooms in the Affordable Units shall be at least proportionate to the
total number of bedrooms In all units of the Project of which the Affordable Units is part.
10.5.10.5 Affordable Housing Restriction
Each Affordable Unit shall be subject to an Affordable Housing Restriction which is recorded
with the County Registry of Deeds or Land Court Registry District of the County. All Affordable
Housing Restrictions must include, at minimum, the following:
a A description of the Affordable Homeownership Unit, if any, by address and number of
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bedrooms; and a description of the overall quantity and number of bedrooms and number
of bedroom types of Affordable Rental Units in a Development or portion of a Development
which are rental. Such restriction shall apply individually to the specifically identified
Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental
Development or the rental portion of a Development without specific unit identification.
b The term of the Affordable Housing Restriction which shall be in perpetuity or for the
longest period customarily allowed by law but shall be no less than thirty (30) years.
c The name and address of the Monitoring Agent with a designation of its power to monitor
and enforce the Affordable Housing Restriction.
d Reference to a housing marketing and resident selection plan, to which the Affordable Unit
is subject, and which includes an affirmative fair housing marketing program, including
public notice and a fair resident selection process. If approved by DHCD, the housing
marketing and selection plan may provide for local preferences in resident selection. The
plan shall designate the household size appropriate for a unit with respect to bedroom size
and provide that preference for such unit shall be given to a household of the appropriate
size.
e A requirement that buyers or tenants will be selected at the Initial sale or initial rental and
upon all subsequent sales and rentals from a list of Eligible Households compiled in
accordance with the housing marketing and selection plan.
f Reference to the formula pursuant to which rent of a rental unit or the maximum resale
price of a homeownership unit will be set.
g A requirement that only an Eligible Household may reside In an Affordable Unit and that
notice of any lease or sublease of any Affordable Unit shall be given to the Monitoring
Agent.
h Provision for effective monitoring and enforcement of the terms and provisions of the
Affordable Housing Restriction by the Monitoring Agent.
i Provision that the restriction on an Affordable Homeownership Unit shall run in favor of
the Monitoring Agent and the Town of Reading, in a form approved by municipal counsel,
and shall limit Initial sale and re -sale to and occupancy by an Eligible Household.
j Provision that the owner(s) or manager(s) of Affordable Rental Unit(s) shall file an annual
report to the Monitoring Agent, in a form specified by that agent certifying compliance
with the provisions of this Section and containing such other information as may be
reasonably requested in order to ensure affordability.
k Provision that the restriction on Affordable Rental Units in a rental Project or rental portion
of a Project shall run with the rental Project or rental portion of a Project and shall run in
favor of the Monitoring Agent and the Town of Reading, in a form approved by municipal
counsel, and shall limit rental and occupancy to an Eligible Household.
1 A requirement that residents in Affordable Units provide such information as the
Monitoring Agent may reasonably request in order to ensure affordability.
m Designation of the priority of the Affordable Housing Restriction over other mortgages and
restrictions.
10.5.10.6 Administration
The Monitoring Agent shall ensure the following (See Section 10.5.2 Definitions):
a Prices of Affordable Homeownership -Units are properly computed; rental amounts of
Affordable Rental Units are properly computed.
b Income eligibility of households applying for Affordable Units is properly and reliably
determined.
c The housing marketing and resident selection plan conforms to all requirements and is
properly administered.
d Sales and rentals are made to Eligible Households chosen in accordance with the housing
marketing and resident selection plan with appropriate unit size for each household being
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properly determined and proper preference being given.
Affordable Housing Restrictions meeting the requirements of this Section are recorded
with the Middlesex County Registry of Deeds or Land Court Registry District of Middlesex
County. In the case where the Monitoring Agent cannot adequately carry out its
administrative duties, upon certification of this fact by the Approving Authority or by the
Department of Housing and Community Development, the administrative duties shall
devolve to and thereafter be administered by a qualified housing entity designated by the
Reading Board of Selectmen.
10.5.10.7 Costs of Housing Marketing and Selection Plan
The housing marketing and selection plan shall make provision for payment by the owner of
reasonable costs to the Monitoring Agent and the owner shall pay reasonable costs to the
Monitoring Agent to develop, advertise, and maintain the list of Eligible Households and to
monitor and enforce compliance with affordability requirements.
10.5.11 Plan Approval Procedures
The Approving Authority (AA) shall adopt and file with the Town Clerk Administrative
Regulations relative to the application requirements and contents for Plan Review, subject to
approval by the Massachusetts Department of Housing and Community Development. Plan
approval procedures shall be as follows:
10.5.11.1 Pre -Application Requirements
Prior to the submittal of a Plan for Plan Approval, a "Concept Plan" may be submitted to help
guide the development of the definitive submission for project build out. Such Concept Plan
shall reflect the following:
a Overall building envelope areas
b Open space and natural resource areas
c General site improvements, drainage plans, groupings of buildings and proposed land uses
d Anticipated parking spaces and locations
e Site vehicular access
The Concept Plan is intended to be used as a tool for both the Applicant and the Approving
Authority to ensure that the proposed Project design will be consistent with the Design
Standards and other requirements of the DSGD.
10.5.11.2 Application Procedures
All Projects are subject to Plan Approval.
1 Submittal
An application for Plan Approval shall be submitted to the AA on the form provided by the
Authority, along with the application fees set forth in the administrative regulations. The
application shall be accompanied by such plans and other documents as required by the
AA as well as any materials required to verify compliance with any of the provisions of this
Section 10.5. All plans shall be prepared by certified architects or engineers as required
by the Massachusetts Building Code. An application for Plan Approval shall be filed by the
Applicant with the Town Clerk. A copy of the application, including the date of filing
certified by the Town Clerk, as well as the required number of copies of the application,
shall be filed forthwith by the Applicant with the AA. Application submissions must include
a hard copy as well as an electronic copy In PDF or CAD format. Said filing shall include
any required forms provided by the AA. As part of any application for Plan Approval for a
Development Project, the Applicant must submit the following documents to the AA and
the Monitoring Agent:
• Evidence that the Development Project complies with the cost and eligibility
requirements of Section 10.5.10;
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• Development Project plans that demonstrate compliance with the design and
construction standards of Section 10.5.10.3; and
• A form of Affordable Housing Restriction that satisfies the requirements of Section
10.5.10.5
• Review Fees: The Applicant shall be required to pay for reasonable consulting fees
to provide peer review of the application for the benefit of the Approving Authority.
Such fees shall be held by the Town of Reading in an interest-bearing escrow
account, and shall be used only for expenses associated with the use of outside
consultants employed by the Approving Authority in reviewing the Plan application.
Any surplus funds remaining after the completion of such review, including any
interest accrued, shall be returned to the Applicant forthwith;
Circulation to Other Boards
Upon receipt of the application, the AA shall immediately provide a copy of the application
materials to all relevant municipal Boards, Departments, Commissions, Officials as
determined by the AA and, if the project is subject to Affordability requirements, the
Monitoring Agent. These entities shall provide any written comments within 60 days of
receipt of the plan and application.
Public Hearing
The Approving Authority shall hold a public hearing and review all applications according
to the procedure specified in Massachusetts General Law Chapter 40A Section 11
Criteria for Plan Approval
The Approving Authority shall approve the Development Project upon the following
findings:
• The Applicant has submitted the required fees and information as set forth in applicable
Regulations; and
• The proposed Development Project as described in the application meets all of the
requirements and standards set forth in this Section 10.5, applicable Design Standards
and the AA regulations, or a waiver has been granted there from; and
• Any extraordinary adverse potential impacts of the Project on nearby properties have
been adequately mitigated.
• For a Project subject. to Affordability requirements, compliance with Condition b. above
shall include written confirmation by the Monitoring Agent that all Affordability
requirements have been satisfied.
Criteria for Plan Denial
A Plan Approval application may be disapproved only where the Approving Authority finds
that:
• The applicant has not submitted the required fees and information as set forth in the
regulations; or
• The Project as described in the application does not meet all the requirements and
standards set forth In this Section 10.5, applicable Design Standards and the AA
Regulations, or that a required waiver there from has not been granted; or
• It is not possible to adequately mitigate signlfleafA-extraordinary adverse project
impacts on nearby properties by means of suitable conditions, including but not
limited to AA's finding that in massing, scale, size, or architectural design, a
project fails to be compatible with the character of nearby residential or other
buildings.
Time Limit
The decision of the AA shall be made, and written notice of the decision filed with the
Town Clerk within 120 days of receipt of the Application by the Town Clerk. This time may
be extended by mutual agreement between the AA and the Applicant by written agreement
fled with the Town Clerk. Failure of the AA to take action within said 120 days or the
extended time shall be deemed an approval of the Plan Approval application.
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10.5.12 Waivers
Upon request of the Applicant, the Approving Authority 0=fth y -waive dimensional and other
requirements, including design standards, with conditions, in the interests of design flexibility
and overall project quality, and upon a finding of consistency of such variation with the overall
purpose and objectives of the DSGD and the Reading Master Plan, or if it finds that such
waiver will allow the project to achieve the density, affordability, mix of uses and/or physical
character allowed under this Section 10.5. Notwithstanding anything to the contrary in this
Zoning Bylaw, the Affordability provisions of Section 10.5.10 shall not be waived, except as
expressly provided In Section 10.5.10.1.
The Approving Authority will take Into consideration the following items -design objectives
when eanskler � determining whether a waiver or waivers shall be granted:
1. Additional open space and connectivity between sites and to existing open space
areas;
2. Commercial space of a quality and size characteristic of a downtown business
district;
3. Long-term shared parking agreements or other mechanisms to creatively and
efficiently utilize or add to existing parking supply;
4. High performance building design that increases energy efficiency and minimizes
utility and maintenance costs to end users, and that provides for building
resiliency to adopt future technologies and sustainable strategies as they
become available;
5. Preservation or rehabilitation of historic properties or other buildings considered
significant to the Town; and
6. Deeper or broader affordability (i.e., units affordable to households earning at
or below 50% Area Median Income, or additional units available to households
earning at or below 80% Area Median Income).
10.5.12.1 Tiered Schedule for Density Waiver Requests
Applicants specifically seeking a waiver for density in excess of 20 units per acre
shall adhere to the following guidelines:
1. All projects shall achieve high performance building design that exceeds
minimum energy code baseline and is designed to the LEED Certified standard,
Passive House standard, Net Zero, or equivalent rating system; that increases
energy efficiency and minimizes utility and maintenance costs to end users; and
that provides for building resiliency to adopt future technologies and sustainable
strategies as they become available;
2. For the purposes of determining project density and Payment In Lieu of Open
Space, fractional numbers shall always be rounded to the next highest integer;
3. Tiered requirements are intended to apply to the entirety of a project not just
the portion within that tiered density;
4. Compliance with the tiered schedule below in and of itself does not guarantee
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the waiver will be granted; CPDC will maintain their right to consider the waiver
request in the context of the whole proposal and in consideration of its impacts
to the Downtown Smart Growth District. However, a request for a waiver for
density in excess of 20 units per acre shall be considered more favorably, up to
a maximum of 65 units per acre, if providing, cumulatively, the following:
Tier 1: 21-25 units Per acre
Tier 1 requirements are as follows (provide at least one):
a. Open Space: Open Space provided at -grade as well as Private Amenity Space for
tenants; or
b. Commercial: Commercial tenant space that is not less than 12.5% of the total
Gross Floor Area of the building; or
c. Parking: A minimum of 2 visitor or guest parking spaces;
d. Historic: The preservation or rehabilitation of historic properties or other
buildings considered significant to the Town.
Tier 2: 26-40 units per acre
Tier 2 requirements are as follows (provide at least one additional from a category
not chosen under Tier 1):
a. Open Space, Open Space shall be provided:
i. on-site, comprising 100/a of the lot area; at least 50% of which is provided
at -grade and is publicly accessible; or
ii. indirectly, as a Payment In Lieu of providing Open Space as required above,
into a fund established by the Town of Reading for the acquisition of land
for open space purposes and/or the creation or improvement of pathways,
trails and other open space amenities, at a rate of $75 (in 1022 dollars
indexed to inflation), per square foot of offset open space.
b. Commercial: Commercial tenant space that is not less than 15% of the total
Gross Floor Area of the building; or
c. Parking: Additional parking at a rate of 1 space per 1,000 gross square feet of
commercial space;
Tier 3: 41 to 65 units per acre
Tier 3 requirements are as follows (provide at least one additional from a category
not chosen under Tier 1 or Tier 2):
a. Open Space: Open Space shall be provided:
i, on-site, in a total amount equivalent to 15% of the lot area, at least 500% of
which is provided at -grade and is publicly accessible; or
ii. indirectly, as a Payment In Lieu of providing Open Space as required above,
into a fund established by the Town of Reading for the acquisition of land
for open space purposes and/or the creation or improvement of pathways,
trails and other open space amenities, at a rate of $75 (in 2022 dollars
indexed to inflation), per square foot of offset open space.
b. Commercial: Commercial tenant space that is not less than 25% of the total
Gross Floor Area of the building; or
c. Affordable Units: Deeper or broader affordability (i.e., units affordable to
households earning at or below 500/a of Area Median Income, or additional units
available to households earning at or below 80% of Area Median Income); or
d. Parking: A demonstrated long-term shared parking initiative that makes efficient
use of land and existing parking supply.
10.5.13 Plan Changes After Approval by Approving Authority
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10.5.13.1 Minor Plan Changes
After Plan Approval, an Applicant may apply to make minor changes in a Development
Project involving minor utility or building orientation adjustments, or minor adjustments
to parking or other site details that do not affect the overall build out or building envelope
of the site, or provision of open space, number of housing units, or housing need or
affordability features. Such minor changes must be submitted to the Approving Authority
on redlined prints of the approved plan, reflecting the proposed change, and on application
forms provided by the Approving Authority. The Approving Authority may authorize such
changes at any regularly scheduled meeting, without the need to hold a public hearing.
The Approving Authority shall set forth any decision to approve or deny such minor change
by motion and written decision, and provide a copy to the Applicant for filing with the
Town Clerk.
10.5.13.2 Major Plan Changes
Those changes deemed by the Approving Authority to constitute a major change in a
Development Project because of the nature of the change in relation to the prior approved
plan, or because such change cannot be appropriately characterized as a minor change as
described above, shall be processed by the Approving Authority as a new application for
Plan Approval pursuant to this Section 10.5.
10.5.14 Fair Housing Requirement
All Development Projects within the DSGD shall comply with applicable federal, state and local
fair housing laws.
10.5.15 Project Phasing
The Approving Authority may allow a Project to be phased at the request of the applicant or
to mitigate any extraordinary adverse impacts on nearby properties. For projects that are
approved and developed in phases, the proportion of Affordable units shall be consistent
across all phases and the proportion of Existing Zoned Units to Bonus units (as those terms
are defined in 760 CMR 59.00 shall be consistent across phases.
10.5.16 Decisions
The Approving Authority shall issue to the applicant a copy of its decision containing the name
and address of the owner, identifying the land affected and the plans that were the subject
of the decision and certifying that a copy of the decision has been filed with the Town Clerk.
If 20 days have elapsed after the decision has been filed with the Town Clerk without an
appeal having been filed, or if such appeal having been filed is dismissed or denied, the Town
Clerk shall so certify on a copy of the decision. A copy of said decision shall be filed with the
Middlesex South District Registry of Deeds. -
A Plan Approval shall remain valid and run with the land indefinitely, provided that
construction has commenced within two years after the decision is issued, which time shall
be extended by the time required to adjudicate an appeal and which time shall be extended
if the project proponent is actively pursuing other required permits or there is other good
cause for failure to commence. The Approving Authority may require the posting of a
performance bond to secure and/or screen a Development Project site in the event that
demolition is undertaken but subsequent work lapses, for any reason within or outside the
applicant's control, for a period longer than one year.
10.5.17 Date of Effect
The effective date of this Bylaw shall be the date on which such adoption is voted upon by
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Town Meeting pursuant to the requirements of Section 5 of Chapter 40A of the General Laws
and Chapter 40R of the General Laws; provided, however, that an Applicant may not proceed
with construction pursuant to this Bylaw prior to the receipt of final approval of this Bylaw
and accompanying Zoning Map by both the Department of Housing and Community
Development and the Office of the Massachusetts Attorney General.
10.5.18 Severability
If any provision of this Section is found to be invalid by a court of competent jurisdiction, the
remainder of this Section shall not be affected but remain in full force. The invalidity of any
provision of this Section 10.5 shall not affect the validity of the remainder of the Town's
Zoning Bylaw.
10.5.19 Amendments to Design Standards
The AA may adopt, by majority vote, amendments to the Design Standards. Any amendment
to the Design Standards must be objective and not subjective and may only address the scale
and proportions of buildings, the alignment, width, and grade of streets and sidewalks, the
type and location of infrastructure, the location of building and garage entrances, off street
parking, the protection of significant natural site features, the location and design of on-site
open spaces, exterior signs, and buffering in relation to adjacent properties. DHCD may, at
its discretion, require any amendment to the Design Standards to contain graphics illustrating
a particular standard or definition in order to make such standard or definition clear and
understandable.
Before adopting any Design Standard, the AA shall submit the proposed Design Standard to
DHCD for approval. Any amendment to the Design Standards shall not take effect until
approved by DHCD and filed with the Town Clerk.
An application for Plan Approval that has been submitted to the Town Clerk pursuant to this
Section 10.5 shall not be subject to any Design Standard that has not been approved by
DHCD and filed with the Town Clerk.
or take any other action with respect thereto
Background: This is an amendment to Section 10.5 of the Zoning Bylaw, Downtown Smart Growth
District (DSGD) 40R Overlay. After a year-long public process, which included a zoning workshop, two focus
groups, a town -wide survey, two community events, and the requisite public hearing (which went 4 nights),
the proposed amendments to the DSGD 40R Bylaw represent a holistic and waiver -based approach to
supporting the desired outcomes of the community while still attracting investment in Reading.
Presentation given by:
• Heather Clish - See Attached
• Julie Mercier - See Attached
Finance Committee Report: No Report
Bylaw Committee Report: No Report
Motion made by Berry Berman, Precinct 6 as follows:
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10.5.12
7. Investigate space for exiting commercial tenants, so as to maintain current viable
businesses on the premises post redevelopment, or a relocation plan in -lieu.
Counted Vote
48 in the affirmative
72 in the negative
144 Town Meeting Members in Attendance
After some discussion a vote was taken
Motion does Not Carry
Motion made by Heather Clish, Precinct 7 to amend as follows:
10.5.8 Off -Street Parking and Loading
10.5.8.1 Off -Street Parking
Other Non-Residentlal, less than 2,000 square feet................................................................ 0 spaces
Other Non -Residential, 2,000 square feet or more....... _ spaee p_.2,000 _g__. _ feet leas__._ _p___ :..
eiteess ef 2,990 square feet ......1 space per 2,000 square feet leasable space in excess of 2,000
square feet
10.5.8.2 Off -Street Loading & Delivery
leasable space in excess of 2,000 square feet .....1 space per 5,000 square feet of leasable space in
excess of 2000 square feet
After some discussion a vote was taken
Motion Carried
Motion made by Phillip Dardeno, Precinct 3 to move the question for the above amendment
2/V Vote Required
123 in the affirmative
5 in the negative
144 Town Meeting Members in Attendance
Motion to End Debate Carries
Motion made by Sarah Harpley Brukilacchlo, Precinct 4 to amend as follows:
10.5.10.1 Number of Affordable Units
Affordable units shall be provided in projects of more than ^���..e.vreight (81-2) units, as
follows:
• Except as otherwise provided by this section, twenty percent (20%) of all dwelling units
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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.
FeF pirojeets eensisting ef feweF than twelve (12) units, upen request of the Appl eant, thee
Motion Withdrawn
Motion made by Sarah Harpley Brukilacchio, Precinct 4 to amend as follows:
10.5.8.1 Off -Street Parking
Retailor Restaurant....................................................................................0 2 spaces
Office and Institutional................................................... 2 spaces per 1,000 square feet
Residential Units (studio and 1 2-bedreem)..................................... 1.25 spaces per unit
Residential Units (greaterthen 2 bedroom)...................................1.50 2 spaces per unit
Residential Units (greater than 2 bedroom) ...........................2.00 spaces per unit
After some discussion a vote was taken
Motion Carried
Motion made by Phillip Dardeno, Precinct 3 to move the question for the above amendment
2/3f° Vote Required
116 in the affirmative
7 in the negative
144 Town Meeting Members in Attendance
Motion to End Debate Carries
Motion made by Sarah Harpley Brukilacchio, Precinct 4 to amend as follows:
Total minimum setback from one or more lot lines (any 30 feet
combination of front, rear, or sides), inclush' ainIF 15'
setback when directly abutting a lot continga a single-
family, 2 -family or 3 -family dwelling, either within or
outside of the District.
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After some discussion a vote was taken
Motion Carried
Motion made by Sarah Harpley Brukilacchio, Precinct 4 to amend as follows:
May 5, 2022
10.5.8.8 Parking Design
Parking spaces within a garage, podium or other structure shall be not less than eight (8)
feet, six (6) Inches in width, and seventeen (17) feet in length. CPDC may allow up to 15%
25% of required parking spaces be provided as compact spaces at a dimension not less than
eight (8) feet in width and sixteen (16) feet in length. Drive aisle width requirements shall
comply with standards outlined in the most current edition of the "Transportation and Traffic
Engineering Handbook" put forth by the Institute of Transportation Engineers, and will depend
on the angle of the proposed parking and whether the aisle Is one-way or two-way; rows of
compact spaces may necessitate greater aisle widths to ensure turning movements can be
made.
After some discussion a vote was taken
Motion made by Mary Ellen O'Neill, Precinct 6 to amend as follows:
10.5.9 Open Space Design
The site design for Development Projects may Include Open Space. Where proposed, the plans
and any necessary supporting documents submitted with an application for Plan Approval
within the DSGD shall show the general location, size, character, and general area within
which Open Space will be located. A landscaping plan and plant schedule shall be
submitted that demonstrate that the plantings within the Open Space are a
minimum of 75% of a variety of native species, and to the maximum extent
practicable, the planting of native shade trees shall be preferred over or in addition
to native shrubbery, herbaceous or wildflower cover. The plans and documentation
submitted to the Approving Authority shall also Include a description of proposed ownership
and maintenance provisions of all Open Space and, if requested by the Approving Authority,
any necessary restrictions or easements designed to preserve the Open Space from future
development and, when applicable, to ensure they are available for public use.
10.5.12 Waivers
7 Installation and implementation of green infrastructure or otherinnovative
nature -based solutions or methods for stormwater management.
After some discussion a vote was taken
Motion Carried
Motion made by Phillip Dardeno, Precinct 3 to amend as follows:
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10.5.10.5.d Reference to a housing marketing and resident selection plan, to which the Affordable Unit is
subject, and which includes an affirmative fair housing marketing program, including public notice and
a fair resident selection process. If approved by DHCD, the housing marketing and selection plan xray
shall provide for local preferences in resident selection for 70% of the available units. The plan shall
designate the household size appropriate for a unit with respect to bedroom size and provide that
preference for such unit shall be given to a household of the appropriate size.
After some discussion a vote was taken
Motion made by Shirley lia, Precinct 6 to amend the amendment above as follows:
10.5.10.5.d Reference to a housing marketing and resident selection plan, to which the Affordable Unit is
subject, and which includes an affirmative fair housing marketing program, including public notice and
a fair resident selection process. If approved by DHCD, the housing marketing and selection plan flay
shall provide for local preferences in resident selection for 70% of the available units except In the
case of Senior Housing. The plan shall designate the household size appropriate for a unit with respect
to bedroom size and provide that preference for such unit shall be given to a household of the appropriate
size.
Motion does Not Carry
Motion made by Linda Snow Dockser, Precinct 1 to amend the amendment above as follows
10.5.10.5.d Reference to a housing marketing and resident selection plan, to which the Affordable Unit is
subject, and which includes an affirmative fair housing marketing program, including public notice and
a fair resident selection process. If approved by DHCD, the housing marketing and selection plan xrey
shall provide for local preferences in resident selection for 79% 60% of the available units unless
a waiver is requested and granted. The plan shall designate the household size appropriate for a unit
with respect to bedroom size and provide that preference for such unit shall be given to a household of
the appropriate size.
After some discussion a vote was taken
Motion does Not Carry
Motion made by Linda Snow Dockser, Precinct 1 to amend as follows:
10.5.12.6 Deeper or broader affordability with units that are comparable in size, location,
accessibility, amenities and utilities to other units in the development (i.e., units
affordable to households earning at or below 509/o Area Median Income, or additional units
available to households earning at or below 80% Area Median Income).
Tier 3: 41 to 65 units per acre
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Affordable Units: Deeper or broader affordability with units that are comparable in size, location,
accessibility, amenities and utilities to other units in the development (i.e., units affordable
to households earning at or below 50% of Area Median Income, or additional units available to
households earning at or below 80% of Area Median Income); or
After some discussion a vote was taken
Motion Carried
Motion made by Cynthia Tozian Cool, Precinct 6 to amend as follows:
10.5.12.1.4 Compliance with the tiered schedule below In and of itself does not guarantee the
waiver will be granted; CPDC will maintain their right to consider the waiver request in the context of
the whole proposal and in consideration of its impacts to the Downtown Smart Growth District. Except
with a minimum of 30,000 square feet, there shall be no waiver for density. However, a A
request for a waiver for density in excess of 20 units per acre shall be considered more favorably, up to
a maximum of 65 units per acre, if providing, cumulatively, the following:
Motion Does Not Carry
Motion made by Geoffrey Beckwith, Precinct 6 to move the question for the above amendment
2/3'd Vote Required
111 in the affirmative
2 in the negative
144 Town Meeting Members in Attendance
Motion to End Debate Carries
Motion made by Mary Ellen O'Neill, Precinct 6 to amend as follows:
Tier 3: 41 to 65 60 units per acre
Motion Carried as Amended
Motion made by John Arena, Precinct 1 to amend the above amendment as follows:
Tier 3: 41 to 65 60 50 units per acre
Counted Vote
76 in the affirmative
42 in the negative
144 Town Meeting Members in Attendance
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Motion Carried
Motion made by James Bonazoli, Precinct 6 to move the question for the above amendments
2/3rd Vote Required
100 in the affirmative
16 in the negative
144 Town Meeting Members in Attendance
Motion to End Debate Carries
Motion made by Phillip Dardeno, Precinct 3 to move the question on the main motion as amended
2/3rd Vote Required
113 in the affirmative
2 in the negative
144 Town Meeting Members in Attendance
Motion to End Debate Carries
After some discussion a vote was taken on the main motion as amended
2/3rd Vote Required
126 in the affirmative
0 in the negative
144 Town Meeting Members in Attendance
Motion Carried
On motion by Mark Dockser, Select Board Article 3 was taken from the table.
Instructional Motion 1 - Senior Center
Motion made by John Sasso, Precinct 2
Direct the Town Manager, Elder Services and the Select Board to investigate the availability of additional
and /or new space via a leased property to support the needs of the Senior Center. Also, provide a plan that
addresses the funding, logistics and staffing required to support the expansion of space and services
consistent with the expected (additional) programming. If necessary, return to Town Meeting (even a Special
Town Meeting) to request funding and support of such plan. Provide a report back in November of 2022.
Motion Carried
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Instructional Motion 2 — Wood End School
Motion made by Carolyn Whiting, Precinct 7
The Select Board is asked to bring a proposal to Town Meeting by November, 2022;
to separate vehicles and pedestrians, for the safety of children walking to Wood End School.
This could include acquiring land for a walking path from Roma Lane to Mariano Drive,
and to connect the sidewalk of Chimney Hill Lane west along Sanborn Lane to Thomas Drive.
Motion Carried
May 5, 2022
Instructional Motion 3 — Affordable Housing Trust
Motion made by Vanessa Alvarado, Precinct 5 - Barry Berman, Precinct 6 - Steve Peacock, Precinct 7
Direct the Select Board, Town Manager and relevant town staff to investigate the creation of a permanent
committee to oversee the Affordable Housing Trust and identify opportunities to expand the trust and
utilize said funds. If possible, presenting the findings at Subsequent Town Meeting in November 2022
Motion Carried
Motion made by Mark Dockser, Select Board to adjourn the 2022 Annual Town Meeting adjourn sine die at
11:47 PM with 144 Town Meeting Members in attendance.
Motion Carried
A true copy Attest:
Laura A Gemme, CMC /CMMC
Town Clerk