HomeMy WebLinkAbout2007-12-18 Board of Selectmen PacketLAND MANAGEMENT AGREEMENT
THIS LAND. MANAGEMENT AGREEMENT ("Agreement") is entered into.
p want to authority of G:L. c.21 A, §2(8) and §11B, on this ' b day of
CPl/~d , 2001, by and betw en the De aitment of Fish and Game
("Department") and the Town/C-4-y of p 1/~9
acting by and through its Board of Selectmen/Aldennen and/or Mayor ("Municipality").
IN CONSIDERATION of the construction, improvement or repair, maintenance and-
daily operation of the fishing and/or boating access facility located at:
("facility"), and in consideration of the mutual covenants. contained herein, and for other
good and valuable.consideration with regard to the facility, the Department and the
Municipality covenant and agree as follows:
1. The Department shall undertake any repairs, replacement or reconstruction made
reasonably necessary by the effects of weather or normal public usage. The timing of
said repairs, construction or reconstruction shall be dependent upon budget restrictions
and the appropriation of adequate funds by the Massachusetts. Legislature.
2. The Departmeint shall provide the Municipality with a sign or signs which contain the
provisions of 320 CMR 2.0.0, regulations governing the use of public access facilities, and a
statement that the facility was constructed by the Department of Fish and Game, Office of
Fishing and Boating Access.
3. The Municipality shall install and maintain the sign or signs provided pursuant to section
2 of this Agreement in a prominent and visible location at the facility.
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4. The Municipality shall be responsible for the daily operation and maintenance of the
facility including, but not limited to policing, trash and liter removal, and the overall preservation
of the facility for use by the general public in accordance with G.L. c.131, §45.
5. The Municipality. shall not use or permit to be used any parking spaces or open areas
within the facility for purposes other than public access, or for purposes that are inconsistent with
the provisi6ns of 320 CMR 2.00 without the written permission of the Department.
6. Subject to the prior written approval of the Department, the Municipality may adopt a fee
schedule and method of collecting such fees for the use of the facility.
(a) Fees charged by. the Municipality for launching and parking shall be the same for all
citizens, and for each type of usage, except as otherwise provided for in §6(b) and 6(c)
of this Agreement.
(b) Fees for out-of-state users may be no rabre then three (3) times the fee for in-state
users for daily or seasonal use, unless federal monies were, used in, or reimbursed for
the construction or repair of said facility, in which case the fee shall- be the same for all
users.
(c). A separate fee for commercial haulers may be adopted by the. Municipality for
daily or seasonal use.
7. All fees collected by the municipality shall be used exclusively for the daily operation and
:maintenance of the facility. Upon request, the Municipality shall provide the Department with a
certified accounting of the receipts and expenditures of all such fees.
8. Subject to the prior written approval of the Department, the Municipality may adopt
reasonable management measures governing the use of the facility that are not inconsistent with
the provisions of 320 CMR 2.00, or other applicable management measures as adopted by the
Department.
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IN-WITNESSES WHEREOF, the parties hereto have. executed this Agreement on this
day of , 20
BY THE DEPARTMENT OF FISH AND GAME
David M. Peters, Commissioner
John P. Sheppard
Director of Fishing and Boating Access
BY THE MUNICIPALITY '
Board of Selectmen/Aldermen and/or Mayor
Clerk of the Municipality, hereby certify that
the above named individual(s) currently, hold(s) the office of
and is/are authorized to. sign. this Agreement on behalf of
the Municipality.
TOWN/CITY SEAL
(C3
Town of Reading
TOWN MANAGER SELF EVALUATION FORM
DATE: 12-5-07 NAME: Peter I. Hechenbleikner POSITION: Town Manager
WORK PERFORMANCE: Please comment on your performance for the review
period.
Job knowledge and skills: I believe that my iob knowledge is excellent. I am a
Credentialed Town Manager - the second in MA and among the first in the nation. This
requires ongoing education and professional development - at least 40 hours Der year.
What makes a successful Town Manager though, is more than the knowledge. It is the
ability to work with others as a team leader, to further the vision and accomplish the
goals of the organization. I believe that Reading has an extraordinary team of emnlovees
and elected and aDDointed volunteers, and a large Dart of my iob is in hiring, motivating.
training. and keeping that entire team focused. I believe that this is done well, even with
some divisive things like the AWP develoDment process and their aborted first Droposal
for a shopping mall. Reading is the envy of many communities - for our financial
stability, our working relationships, and many of our community assets - the schools,
recreational facilities (Dublic.and private), downtown Droiect, etc.
Quality and. Productivity: This iob cannot be done without the skill and dedication of
al of the volunteers and emDlovees of the Town. Even so, getting all of the work done is
very demanding, and sometimes not Dossible. I believe that it is better to do a few things
well, than to do a lot of things of less aualitv. I strive for quality in all things I am
directly involved in - and know that I do not always succeed. I believe that as an
organization we are very Droductive, and the community is investing in technology and
other tools to improve that Droductivity. My office Droduces a large amount of work -
much like Board of Selectmen Dackets and Town Meeting material that are probably
taken for granted. Other items are more obvious - like the work on the MWRA buv-in,
labor negotiations, etc.
Time Management and Organization: With the aualitv staff we have, my time
management and organization has been improved. Paula Schena does a huge iob in
keeping my calendar manageable. and to make sure that I am not a bottleneck for
Droiects. We are still in the Drocess'::of transitioning to the Community Services
Department. and some of the issues in that Department will alwavs involve the Town
Manager - AWP for examDle. But that'Iransition is going well. Finally, having Bob
LeLacheur as Assistant Town Manager and Finance Director is huge. Bob Drovides
excellent advice and counsel, has a large workload that was Dreviouslv the Town
Manager's work, and has succeeded beyond expectations.
Communication and interpersonal skills: I believe that my communication skills are
good. I do sometimes think I repeat myself too much at some of the Selectmen's
meetings and am going to try to be more conscious of that. I believe that my memos and
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other written materials are clear. I did take a program at the last ICMA conference on
communications, and tried to use some of those techniques in my presentation to Town
Meeting and the Board of Selectmen on the sidewalk program. I'd be interested in
feedback. I believe that my intemersonal skills are good. I try to use humor
approuriately - hovefully not too much. I believe my interaersonal skills are excellent,
With all emplovees, with appointed and elected volunteers. State and Federal officials.
and the public. And example would be that, even with the hard bargaining that we have
had to do with our unions, the emplovee relations still remain excellent,
Strengths: Strengths that I bring to the position of Town Manager include -
• Keeping the Board of Selectmen informed on things that I feel they need to know or
may be asked. We have refined our contact system at the request of the Board re
situations where reverse 911 has been used, and I think this is another tool which can
be used to keep the Board informed.
• Negotiating, There are many negotiations that go on every year on behalf of the
community, always advocating and trving to secure the best, fairest agreement for
the community on a variety of issues. In 2007, negotiations included:
o Labor negotiations with 6 collective bargaining units, with a Town
bargaining team consisting of myself, the Assistant town Manager, ant
Human Resources Administrator, and the Department Head;
o Negotiating the conclusion to a number of personnel issues including
. grievances, terminations, and disciplinarv actions
o Negotiating a development agreement with National Development for the
Addison Wesley Pearson propertv development.
• Exercising good iudgment on behalf of the Town in dozens of ways every day.
• Thinking strategically about the community, and being able to translate those
strategic ideas into action, given the constraints on our resources to accomplish
things. Examples include Sidewalk/curb/pedestrian initiative (not vet funded but
great discussion). Northern Area Greenwav; Memorial Park development. We need
to think strategically about how/when/whether to ask the voters for additional funds
for CPA, Pedestrian Improvements. other capital improvements, or general operating
funds,
• Securing resources, including money, for community initiatives, including this year:
o SAMHSA grant for Drug Free Community $100,000 a year for 5 years,
renewable for an additional 5 years
o Curb/sidewalks on Franklin Street - $325,000
o Purchase of 1481 Main Street - $800,000
o Miscellaneous earmarks in the state budget including WTP demo, parking
garage feasibility, tennis court - $150,000
o Memorial Park improvements - $650.000
• Recruiting and retaining excellent staff - most notably this year a Community
Services Director;
• Setting an example of hard work, ethical standards. fair treatment, and creativity
• Working well with residents, emplovees, elected officials, and legislators to
accomplish the goals of the Town,
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• Ability to learn and accent new ways to do things - renewing our organization
through a combination of bringing new people into the organization, and bringing the
best out of our current staff:
Areas Needing Improvement / Development:
• The elected leadership of the community has changed over the past several years. I
need to work with them on understanding their expectations, and in further defining
the respective roles of administrative arm of government and the policy arm.
• I need to do a better iob of setting priorities - we cannot do everything that we would
like to do as an organization, but we need to consciously set priorities.
need to develop a process for getting prior approval before a group goes into the
community to mobilize for fund-raising or for any other -cause related to public
improvements, public property, or public services.
Is there specific training or information that will assist you in these areas? None that
I can think of. It is helpful for me to continue to attend the ICMA annual conference -
the networking is great and the content. is very useful. I greatly appreciate the Board's
support of the time to attend this conference, and the Town paying for the conference
registration and educational expenses - I continue to pay travel, lodging, and meals...
Are there changes you would like to see to help you perform your job better? More
staff particularly in the Technology area - that is a bottleneck in making some
improvements, and not for lack of effort - lust a lack of resources. In addition, the Pay
and Classification study is critical - we need to pay fairly to retain good people.
What specific objectives would you like to achieve over the next review period to
enhance your performance?
1. I had suggested last -year that a retreat involving Department Heads and the Board
of Selectmen would be helpful, and I still feel that it would. However, in lieu of
that the Board of Selectmen has agreed to a Saturday morning strategic session in
December - to better understand the Department's issues and priorities. That
will be immensely helpful, and I am really looking forward to it. If it's helpful,
then we should continue this on at least an annual basis.
2. I would still like to get feedback particularly from the newer Department Heads
and Selectmen, on how we can provide better orientation to their new roles.
3. Work on policies and procedures that will make the Town of Reading a more
family friendly place to work and to volunteer - particularly for professional staff
and volunteers who are trying to raise a family, and who are also very dedicated
to their emplover/community. We will need to accomplish this in order to recruit
the next generation of community employees and leaders.
4. Work creatively on ways for the Town of Reading to be a leader in
environmental preservation, energv conservation, and resource conservation - all
of the things that will improve our sustainability.
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CAREER DEVELOPMENT:
To what extent does your present job utilize your talents and address your
interests? I find the work in Reading to be exciting and challenQina. I would say that
this work challenaes me everv dav. I continue to learn from other emplovees, our elected
and appointed volunteers, and the community. The World Cafe process, for example,
will be interesting and challenJ141n2, and comes out of a citizen initiative.
What'is the next step you would like to achieve in improving your ability to perform
your job? I'd still like to consider a Senior Manaizement institute. I will pull together
some information and discuss this further with the Board.
What are your long term goals for your job? My lone term coal is to continue to
contribute dynamically to the management of this Town until I retire. There is still much
to be done, and I feel that I continue to have a lot to contribute. Part of the mission I see
in this is making sure that the senior managers are in Dlace to continue to carrv the
community forward in the directions it wants to izo.
What objectives would you like to achieve within your next review period to help
meet your goals? In what way can this Board assist you in meeting those goals?
I think that discussion with the Board of Selectmen on respective roles of administration
and Dolicv making would be helpful. I find occasional blurring of those lines. I think the
stratep-ic discussions that we have agreed to in December will be a bilz help in fosterina
this discussion.
Employee Signature:
Date:
ge, V-
EMPLOYEE EVALUATION FORM
Name: Peter I. Hechenbleikner
Title: Town Manager
Department: Town Manager
Supervisor: Board of Selectmen
I Appraisal Period: CY 2007
I Reason for Appraisal:
I ❑ Trimester
® Annual
Goal 1 Measure customer satisfaction
Describe what objectives were accomblished to meet the goal.
We have met with a consultant and have a proposal to do focus groups for the building
inspections program. Due to heavy activity in the CS Department related to the AWP
40R Smart Growth process, we have postponed this process until January 2008. This
process will serve as one model for securing customer feedback for other functions of
Town government.
Any further action required to complete the P-oal? If ves please describe.
The focus group process will take place in January 2008.
Selectman's ratiniz and comments on P-oal. - Circle a number. with 5 beiniz the best
2 3 4
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Goal 2 Comolete new basic web pace and beam to add modules
Describe what obiectives were accomplished to meet the izoal.
• Initial start-up June 2007 - Rolled out July 9, 2007. The site is subject to continuous
improvement
• Add additional modules as permitted - priority on Citizen Request, and mapping; and a
survey module. Mapping is on the web site. We are evaluating potential modules for
citizen requests and have purchased but not yet trained in a surveying module.
Any further action required to complete the P-oal? If yes please describe.
The Finance and Technology Divisions are consumed at this time with the MUNIS transition
which is the highest priority for their efforts. .
Selectman's rating and comments on coal. - Circle a number. with 5 being the best
2 3 4 5
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Goal 3 Create new electronic interaction with customers for business
services
Describe what objectives were accomplished to meet the Roal.
The volunteer Application Form and Civic Function Permit Form are priorities but not yet done.
Anv further action reauired to complete the Qoal? If ves please describe.
The Finance and Technology Divisions are consumed at this time with the MUNIS transition
which is the highest priority for their efforts.
Selectman's rating and comments on goal. - Circle a number. with 5 being the best
2 3 4 5
Comment:
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Goal 4 Improve communications
Describe what obiectives were accomplished to meet the goal.
• Provide for citizen evaluation of boards, committees, and commissions. - Survey module
will be used for that purpose - and should be ready at the beginning of 2008.
• Develop a community calendar - Not done
• Update and maintain in an electronic format, the local history collection, The Library
applied for a $3000 grant from the Celebration Trust Committee to digitize and catalog
selected items from the local history collection. The grant was awarded in May 2007 and
digitization is.underway
• Update and maintain in an electronic format historical property inventory. The
Historical Commission is evaluating the updating of the historical property inventory, and
we are in the process of writing a grant application to address this. The existing
inventory is in electronic format and will be linked to the Town web site.
Any further action required to complete the goal? If ves please describe.
The Finance and Technology Divisions are consumed at this time with the M'UNIS transition
which is the highest priority for their efforts.
Selectman's rating and comments on L-oal. - Circle a number, with 5 being the best
2 3 4
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Goal 5 . Evaluate the need for a community standard of civil behavior
Describe what obiectives were accomplished to meet the Roal.
• Questionnaire of BCC members and Staff completed in winter 2007.
• Consensus is that no broad-based community effort is needed, but that training of
Chairmen and Vice Chairmen on how to run a meeting and particularly on how to
manage situations to maintain civil behavior would be appropriate
Anv further action reauired to complete the Lxoal? If Yes please describe.
Board of Selectmen needs to decide what they want to do with this. A subcommittee of the
Board of Selectmen is meeting with the Town Manager mid-December to try to scope this.
Selectman's ratinp-and comments on goal. -Circle a number. with 5 beiniz the best
1 2 3 4 5
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Goal 6 Measure and evaluate best practices within operating areas
Describe what obiectives were accom-olished to meet the Roal.
Upon further reading and consideration, the use of "best practices" as a tool is not a "best
practice". What we are trying to get at here is consideration of continuous improvement as a
value, and to make sure that we consider what other practices are being used elsewhere when we
consider making changes. For example, in measuring customer satisfaction, we have learned that
using a focus group is the better way to get the information that we require, rather than a survey.
The DPW study is looking at improvements in the DPW - not as a "best practice, although there
will be evaluation of what works in other communities - but rather as a comprehensive look at
the department.
Anv further action reauired to cornblete the P-oal? If ves please describe.
Selectman's ratiniz and comments on iroal. - Circle a number. with 5 being the best
2 3 4 5
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Goal 7 Complete the DPW Manamment Studv and develop a schedule for
implementation
Describe what obiectives were accomplished to meet the goal.
• As part of the study, identify the highest priority. items for implementation. The study
began July 10 - will be 90 days until completion. Draft will be available to working
group in a couple of weeks, and should be available to the Board of Selectmen by mid
December.
• Include the cost of implementation in the FY 2009 budget request as a priority; There
will be adequate information to consider implementation of at least some elements of the
study as part of the FY 2009 budget.
Anv further action reauired to complete the goal? If ves please describe.
Selectman's rating and comments on P-oal. - Circle a number, with 5 being the best
2 3 4 5
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Goal 8 Complete strategic planning initiatives in at least 2 departments
Describe what obiectives were accomplished to meet the goal.
• Library - The Library sent out a comprehensive community-wide survey to 8800
households in May. A national marketing firm is tabulating results from the 1800 that
were returned by June 300'. The Trustees will receive an analysis of the results in August.
The plan should be completed before the summer of 2008.
• Police - The plan has been completed, distributed to the Board of Selectmen, and
presented at a public meeting. This plan will form the basis for FY 2009 budget
considerations, and will form decisions of the Department in the future.
Anv further action reauired to complete the goal? If ves please describe.
Selectman's rating and comments on goal. - Circle a number, with 5 being the best
2 3 4 5.
Comment:
Goal 9 Begin implementation of a new technoloov platform
Describe what obiectives were accomblished to meet the coal.
• Extensive work on the implementation of MUNIS has begun.
• We secured Town Meeting authorization of $1.250 million debt authorization in April.
• We have decided on the system to be used The basic system will be MUNIS; Staff is
evaluating additional modules for permits coordination and records management which
may or may not be MUNIS, but which will be compatible.
• We have developed a schedule of implementation over up to 3 years.
• We are identifying areas where implementation can take place at the same time without
impacting the same employees or processes, although this seems unlikely in the first
phase because of the workload on our technology staff.
• The Town Accountant is reporting to the Board of Selectmen quarterly on the process
and schedule First report to the Board of Selectmen was in June 2007. Reports will be
made as part of the Town Accountant's quarterly report to the Board of Selectmen.
Anv further action reauired to comblete the goal? If ves please describe.
Selectman's ratinv and comments on Goal. - Circle a number. with 5 being the best
2 3 4 5
Comment:
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Goal 10 Expand the commercial orooerty tax base
Describe what obiectives were accomplished to meet the i4oal.
• Secured the cost and funding of a feasibility study and initial design of a parking
structure at the upper parking lot in downtown
• Considered additional recommendations of the ad hoc Downtown Parking Advisory
Committee; per the Board of Selectmen direction, the complete focus is on the feasibility
study for a structure, but as part of that process we will evaluate better utilization of
existing parking supply.
• Completed the "peer to peer" contract for advisory services to the Economic
Development Committee and presented to the EDC in June 2007.
• Completed the scope of services for the Technical Assistance work on downtown market
study by and presented to the EDC in July 2007.
• With the DAT and the Board of Selectmen and CPDC, have worked with the new
developer of the Addison Wesley Pearson site to move a mixed use development
forward. Negotiated
• Make contact with owners of property for sale and offer to work with then to maximize
the beneficial effect of redevelopment of their sites. We have been working with a
number of property owners, but not in a comprehensive way yet. Talking with some
brokers who are key in the commercial community.
Anv further action reauired to complete the P-oal? If ves please describe.
Development and Infrastructure agreement. Scheduled Special Town Meeting on December 10.
Develop design standards for improvement of South Main Street, and request CPDC sponsorship
of necessary zoning bylaw amendments to implement Master Plan recommendations for this area.
No progress - the bulk of effort in the Community Services area is on the 2 40R projects
Selectman's rating and comments on coal. - Circle a number. with 5 being the best
2 - 3 4 5
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Goal 11 Reduce Communitv Dependence on Enerciv and use of natural
resources
Describe what obiectives were accomplished to meet the izoal.
• Completed MWRA buy-in while maintaining low per-capita water use.
• Reduced Town government (including schools and RMLD) energy use School Buildings
consumed 24% less natural gas than the historical 7-year average. Electricity
consumption in our school buildings, unfortunately, was about 15% higher than the 7-
year average. This was due to the fact that electricity consumption at our newly
renovated/reconstructed buildings has greatly increased - consumption at the High
School was 30% above average and at Barrows, 18% above average. If you factor out
those two buildings, electricity consumption was 5% lower across all other school
buildings. Town Buildings consumed 7% less natural gas than historical 7-year average.
Electricity consumption, however, was 5% higher than average across town buildings.
The two town buildings where electricity consumption was lower than the historical
average were the Reading Public Library and Main Street Fire station. Overall, we are
doing much better with respect to the heating side of energy conservation than we are
with the electricity side. It is our hope to see some savings in the next year from the
installation of a large number of occupancy sensors over the last several months and
continuing throughout the summer. It would seem that we need to place greater emphasis
in the year ahead on the need to shut down lights, computers, printers, copiers, etc.
whenever possible.
• Implemented anti-idling policy and information for Town vehicles and at Elementary
Schools Policy adopted 6-20-07for municipal vehicles. Draft policy for parents
developed for consideration by the Superintendent of Schools for elementary schools.
Also working with the Police Department on a "Suggested Routes to School" process
which would encourage walking
• The Town has received grant funding for 10 new bike racks and has installed them at 5
elementary and 2 middle schools, at Town Hall, the Police Station, and at the RMLD.
Anv farther action reauired to complete the Goal? If ves blease describe.
Reduce community energy use - transportation, residential use. Working with staff and CCP
Committee. An evaluation of Suburban Mobility through MAPC and the Central Transportation
Planning Staff (CTPS) is taking place. This is a potentially major initiative, which will explore
the feasibility of a bus/shuttle/van service in the community. .
Selectman's rating and comments on Goal. - Circle a number. with 5 being the best
2 3 4 5
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Goal 12 Develop and seek Board of Selectmen approval of master plans for
individual public properties, so that decisions may be made for
these properties in the context of those overall plans as
opportunities arise
Describe what obiectives were accomblished to meet the goal.
• Birch Meadow complex. Committee established. Final report due by December 31,
2007.
• Memorial Park Plan was developed. Public hearing held. Plan was approved by Board
of Selectmen in October 2007. $650,000 in funding is secured.
• Northern Area Greenway Committee established. Excellent progress. Final report due
by December 31, 2007
Any further action reauired to complete the goal? If ves please describe.
Selectman's ratinf4 and comments on Roal. ~ Circle a number, with 5 beine, the best
1 2 3 4 5
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Goal 13 Work with Arts oraanizations on the feasibility of an Arts Center in
Reading,
Describe what obiectives were accomplished to meet the Lyoal.
As part of the evaluation of the Oakland Road Town-owned property, consider bse of the site for
an Arts Center. Community Services Director is working with CAK and RCTV on alternative
sites which probably would not be the Oakland Road property.
Anv further action reauired to complete the goal? If ves please describe.
Continue working with the Arts Connection on possibilities for an Arts Center.
Selectman's rating and comments on iaoal. - Circle a number, with 5 being the best
2 3 4
Comment:
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Goal 14 Secure approval and begin to implement the affordable housing
planned production plan
Describe what obiectives were accomplished to meet the goal.
• Once formal approval was granted effective January 2007, we developed an action plan
with staff on the first 66 units of affordable housing for the first year. We are working on
several areas to meet the need AWP, Peter Sanborn Place, Pleasant Street (RHA),
Town Meeting will approved the elimination of the conservation restriction at the
Subsequent Town Meeting in November, and AWP 40R Smart Growth bylaw is before
them in December.
• These three items will implement the entirety of Reading's affordable housing needs until
about 2013. Additionally units will be developed as part of the Town's Downtown smart
growth mixed use development which should secure Reading's affordable housing for at
least the next decade and a half, and maybe longer.
Anv farther action required to complete the aoaP If ves please describe.
Selectman's rating and comments on -oal. - Circle a number, with 5 being the best
2 3 4 5
Comment:
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Goal 15 Secure a planninci grant and get approval for at least one 40R/40S
ro'ect
Describe what obiectives were accomalished to meet the goal.
• Secured planning grant for a downtown 40 R process Grant received. Consultant
selected, and has started work.
• Evaluate with the Board of Selectmen and CPDC, as well as the developer, the viability
of a 40R designation for all or a portion of the Addison Wesley/Pearson property.
Funding for consulting secured. 40R application is approved by the state and will be
before Town Meeting on December 10.
• Zoning bylaw amendments for an AW/P 40 R and amendments to Business C is before
Town Meeting on December 10.
Any further action required to complete the Qoal? If ves please describe.
• Complete the study and state review for a downtown 40R Study is just beginning
because AWP is obviously the priority.
• Consider zoning bylaw amendments for a downtown 40R development.
Selectman's rating and comments on goal. - Circle a number, with 5 being the best
1 2 3 4 5
Comment:
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BRADLEY H. JONES, JR.
STATE REPRESENTATIVE
MINORITY LEADER
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December 10, 2007
Mr. James Bonazoli, Chairman
Reading Board of Selectmen
Town Hall
16 Lowell Street
Reading, MA 01867
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Dear Mr. Bonazoli: ?M
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Thank you for contacting me to express the Board of Selectmen's concerns with funding forte
Commonwealth Sewer Rate Relief Fund (SRF) in Fiscal Year 2009.
As you may recall, the House Ways and Means Committee recommended $20,000,000 in
funding for the SRF for Fiscal Year 2008. I filed a budget amendment to increase this funding to
$25,000,000, which was much closer to the amount the Massachusetts Water Resources Authority
(MWRA) Advisory Board claimed would be necessary to stabilize rate growth. During the House
budget debate my amendment was consolidated and included as part of an omnibus State
Administration, State Finance, Constitutional Officers, and Legislation Amendment, but funding was
limited to $23,000,000.
The Senate budget included only $15,000,000 for the SRF. However, the House was able to
negotiate back to its $23,000,000 figure through Conference Committee proceedings. Although this
figure is less than ideal, I am happy that we were able to bring the SRF funding closer to the amount
requested by the MWRA Advisory Board.
As you know, every dollar put into the SRF is used to directly offset the MWRA's assessment to
its communities. Thes° savings are then utilized to minimmize local rate increases. The SRF is a form
of local aid and it continues to be among my top budget priorities; and the recent rise in foreclosures
makes this program of even greater consequence. As we begin to make plans for Fiscal Year 2009,
we need to make sure that cities and towns have enough support in this area (and many others).
The first step in the budgetary process is for Governor Patrick to file his budget
recommendations, which are due on January 23, 2008. Please be assured that my office will keep you
informed throughout the entire budgetary process.
Again, thank you for getting in touch. Should you have further questions or concerns on this or
any other matter, please feel free to contact me at your convenience.
H. Jones, Jr.
Leader
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20'h MIDDLESEX DISTRICT
READING • NORTH READING
LYNNFIELD • MIDDLETON
TEL. (617) 722-2100
Rep. Brad leyJonesOhou.state.ma.us
www.bradjonesonline.com
30'\,/
DEVAL L. PATRICK
GOVERNOR
TIMOTHY P. MURRAY
LIEUTENANT GOVERNOR
JUDYANN BIGBY, MD
SECRETARY
JOHN AUERBACH
COMMISSIONER
December 5, 2007
Peter Hechenbleikner
Town Manager
Town of Reading
16 Lowell Street
Reading, MA 01867
Dear Mr: Hechenbleikner:
The-Commonwealth of Massach.usettsCOLu_
Executive Office of Health and Human Services
Department of Public Health Qti~
Office of Emergency Medical Services
2 Boylston Street, 3r•d Floor
Boston., MA 02116
617-753-7300
FAX: 617-753-7320
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This is to let you know that the Office of Emergency Medical Services at the Massachusetts Department
of Public Health has reviewed and approved the Town of Reading service zone application for provision
of emergency medical services. The service zone plan as approved is enclosed.
If and when in the future there are changes to the plan, please be sure to promptly report them in writing
to the Regional EMS Council for your town. Also, each time the town proposes to change a designated
EMS service provider, or upgrade or downgrade the level of EMS service provided, the town shall carry
out a selection process in accordance to the one you documented in your service zone plan, and shall
notify the Regional EMS Council for your town.
Thank you for your cooperation in assuring timely and appropriate EMS coverage for the residents and,
visitors of the Town of Reading.
Sincerely,
Abdullah Rehayem
Director
cc: Gregory J. Burns, Fire Chief, Reading Fire Department
Jonathan Epstein, Executive Director, Region III EMS Council
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December 6, 2007
PETER I. HECHENBLEIKNER, TOWN MANAGER
READING TOWN HALL
16 LOWELL STREET
READING, MA 01867
Dear Municipal Leader,
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National Grid became the second largest utility in the U.S. when the Keyspan
Corporation was acquired this past August. A company of this size must play a role in
shaping energy policy and serving the best interest of our customers and communities. I
am sharing a letter sent by National Grid recently to the Honorable Edward Markey, US
House Select Committee, on Energy Independence and Global Warming. It was sent by
Tom King, our US Executive Director for Electricity Distribution and Generation, and
addresses issues we all face relating to efficiency and climate change.
I hope you will take a moment to read the enclosed letter and share it with your
colleagues. In keeping our commitment to the community, I felt it was important to share
our company's vision and strategy for the pressing issue in energy.
Our mission remains guided by the principle of unparalleled customer service and
safetv. We expect that pursuit will help establish National Grid as your first energy
choice as you plan your energy solutions. If you have any questions, please do not
hesitate to contact me.
Sincerely,
Sonia Hart
Senior Coordinator
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Ini at i o n a r i d
October 26, 2007
THE HONORABLE EDWARD MARKEY
HOUSE SELECT COMMITTEE ON ENERGY INDEPENDENCE AND GLOBAL WARMING
B243 LONGWHARF HOUSE OFFICE BUILDING
WASHINGTON DC 20515
DEAR CONGRESSMAN MARKEY:
Thomas B. King
Executive Director
Electricity Distribution & Generation
National Grid has now completed its purchase of KeySpan, doubling its asset and customer base within the US. I am
very pleased to have been given the opportunity to lead our Electric Distribution and Generation business. We believe
that the significant issues we are all facing in energy will require robust examination and a dialogue with both public
and private partners. To initiate that process, I wanted to clearly state National Grid's perspective on those issues.
The US is nearing a critical point in both energy policy and climate change strategy. Political will is building
nationally, both at the state and federal level, to respond to the urgent issues of greenhouse gas reduction, climate
change mitigation, and overdependence on fossil fuels, which will inevitably increase reliance on imported sources.
With the right combination of resources, the opportunity exists for our region to assume national leadership. National
Grid stands ready to assist on all accounts. The effort must begin with alignment on one key issue: Climate Change is
real, and we must all take action now to address it.
We are ready to participate in the establishment of a regional Action Plan with aggressive goals and targets for real
action. At its core, we believe the plan must advance a strategy to reduce energy demand and accelerate the utilization
of clean technologies.
We would suggest four key priorities:
e Energy Efficiency - enhancing the efficient use of energy by every consumer, large and small and achieving
real and permanent conservation of energy consumed
• Demand Side Management (DSM) - using all mechanisms to manage and reduce system peak loads
• Clean energy technology and renewables
• Development of "smart," reliable, and safe energy infrastructure
Energy efficiency and conservation, while continually evolving, are not new. Such programs have been utilized
successfully in various regions for decades. While much efficiency has been market driven, there remain examples of
large applications which are grossly inefficient. We have a platform and the huge opportunity to take energy efficiency
to a whole new level. We will lead in educating customers on the benefits conservation and efficiency bring to bear.
Policy makers, business leaders and consumers in our region tire quickly of references to the leadership of California in
the discussion of energy efficiency. Our major urban centers are relatively efficient with rapid transit, high density
housing and an engaged environmentally-sensitive population. National Grid has recently won 14 awards from the
American Council for an Energy-Efficient Economy (ACEEE) for the energy efficiency programs which we deliver to
consumers. We have technology partners and successful projects globally to assist in ramping up the efficiency of the
Northeast.
Often referred to as the next source of energy, demand management and reduction are critical to reducing energy
consumption, lowering carbon emissions and engaging the consumer as part of the solution. While including energy
efficiency technologies, DSM goes further with smart metering, distributed generation and energy management
systems that can achieve permanent reductions in peak demands. Deployment requires a collaboration between energy
companies, governments, regulators, businesses, and retail consumers.
25 Research Drive, Westborough, MA 01582 3
T: 508/389 3456 ® F: 508/389 2605 Ei tom.king@us.ngrid.com 0 www.nationaigrid.com
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Advancing clean energy technology and renewables is a must. This requires the funding of research and development,
and the siting, development and operation of these technologies within our region. This not only reduces dependence
on carbon energy sources, but will become an economic driver and source of jobs to the region. Economic growth in
the pursuit of low carbon infrastructure has been demonstrated in California, some European countries, and elsewhere.
Not every form of renewable energy is economic or best suited to every region. Working with others, we must analyze
wind efficiency, solar availability, and geothermal opportunities in our operating region to determine which are most
economic or practical with the right incentives.
National Grid has unique expertise in electricity transmission, including management of intermittent sources of power,
such as wind and solar. Transmission will be critical to the success of a renewable strategy as nature does not always
place the source close to the load.
It is time to finally begin the inevitable upgrade and replacement of existing infrastructure for our electric and gas
networks. The condition of our energy systems is no different than that of roads, bridges and other critical
infrastructure nationwide. The public is becoming aware of the urgency in light of national events. The rebuilding of
energy infrastructure provides an opportunity for intelligent technology applications for the grid of the future. Nothing
less than our global competitive position as a region is at stake, along with our threshold responsibility to deliver
reliable, safe, and affordable power.
Given the communities we serve, it is critical for National Grid to perform among the best in the country. Our
immediate focus is the need for significant capital investment, necessarily in partnership with the regulator and our
ratepayers. We must work together to upgrade and modernize the transmission and distribution systems on which we
rely, and construct the systems appropriate for the 21St century.
Our foremost need is to reinvigorate, enhance, and restore the sense of partnership and trust with our customers,
regulators, communities, and leaders.
We believe our leadership position in scale and expertise, current investment program, and our research and
development commitment will get us all ahead of the challenge. Current energy challenges require global expertise,
best practices, new technologies and the human resources and training the job requires.
Our customers have a heightened awareness of environmental sensitivity. We will thus continue to work above and
beyond standard compliance levels to meet our environmental commitments while rapidly implementing new
technology and expertise.
We are committed to:
• Leading and helping to shape energy policy debates.
• Demonstrating energy efficiency and supporting its application for customers, vendors and trade groups.
• The research and development program our industry needs to insure the energy delivery system of the future.
At National Grid, we look forward to working together with you to craft cost-effective solutions to the energy
challenges we face now and in the future.
Regards,
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Commonwealth of Massachusetts
z DEPARTMENT OF MOUSING &
COMMUNITY DEVELOPMENT
R y Deval L. Patrick, Governor ♦ Timothy P. Murray, Lt. Governor ♦ Tina Brooks, Undersecretary
December 6, 2007
Mr. James Bonazoli, Chairman
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Board of Selectmen
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Town Hall
16 Lowell Street
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Reading, Massachusetts 01867
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Re: Gateway Smart Growth District Preliminary Determination of Eligibility
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Dear Mr. Bonazoli:
I am writing regarding the application fora preliminary determination of eligibility pursuant to MGL,
Chapter OR and 760 CMR 59.00 that was submitted by the Town of Reading (Town) to the Department
of Housing and Community Development (DHCD) for the proposed Gateway Smart Growth District
(District). I am pleased to inform you our review has determined that the proposed District satisfies the
referenced statutory and regulatory requirements.
The Smart Growth Residential Density Plan submitted with the application calculates that 202 Incentive
Units are allowed to be developed pursuant to the proposed Smart Growth Zoning. Upon issuance of a
Letter of Approval from DHCD, the Town will be entitled to a $350,000 Zoning Incentive Payment.
Pursuant to 760 CMR 59.05, DHCD issues this Letter of Eligibility with the following conditions:
1. The Town adopts the Smart Growth Zoning for the District as proposed in the document titled
Gateway Smart Growth District By-Law with the approval of DHCD dated November 9, 2007, a copy of
which is enclosed with this letter. Adoption of the Smart Growth Zoning must occur before December 3,
2010. After adoption of the Smart Growth Zoning, the Town must submit to DHCD proof of such
adoption certified by the Town Clerk. The Town shall identify all differences between the proposed
Smart Growth Zoning approved with this application and the Smart Growth Zoning adopted by Town
Meeting. If there are changes to the Smart Growth Zoning, DHCD may treat such submission as an
amendment to the application and will notify the Town of its decision to do so in writing. DHCD must
confirm its final approval within 60 days of receipt of such submission provided the amended application
satisfies all the approval criteria set forth in 760 CMR 59.04(1).
2. There is no local rule, regulation or bylaw that would prevent the 202 Future Zoned Units from being
developed in the District. There is no agreement that regulates the development of the Future Zoned Units
or requires a Project to have either Affordable Rental Units or Affordable Homeownership Units.
3ot
100 Cambridge Street, Suite 300 www,mass.gov/dhed
Roston. Massachusetts 02114 ` ' 617.573.1100
3. If a building permit has not been issued for a Bonus Unit in the District within three years of the date of
the Zoning Incentive Payment, or if a building permit was issued within such three-year period, but no
certificate of occupancy for such Bonus Unit was issued within two years thereafter, the Town must
submit satisfactory evidence, in the form of certification by the Plan Approval Authority, zoning
enforcement officer or public works official, of the start of construction within that time period of one or
more Projects as defined by 760 CMR 59.02, or be subject to revocation under 760 CMR 59.07(3) and
the repayment of monies under 760 CMR 59.06(3). The start of construction requires evidence
satisfactory to DHCD that construction activity has occurred in good faith on the Project, such as the
pouring of foundations or footings, or utility relocation, or the remediation of hazardous materials on the
site,. and provided that such construction is continued through to completion. The three-year time period
is extended by the time that a Project on which construction would otherwise have started within the
three-year time period is subject to legal or administrative appeal or challenge, or if the proponent is
actively pursuing other required permits or there is other good cause for the failure to start construction.
If you have any questions or- need further assistance, please do not hesitate to contact Don Schmidt at
(617) 573-1363 or Donald.schmidt@state.ma.us
Sincerely,
Tina Brooks
Undersecretary
cc: Carol Kowalski, Community Services Director
Angus Jennings, Concord Square Development
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For Placement on the Reading 2007 Town Meeting Warrant
DHCD Approved 11 /9/07 '
ZONING AMENDMENT: SECTION 4.11: GATEWAY SMART GROWTH,
DISTRICT BY-LAW
Article._: To see if the Town of Reading will vote to amend the Zoning By-Laws by
adding to Section 4.0, Use Regulations, a new Section 4.11. entitled Gateway Smart
Growth District to read as follows:
4.11. Gateway Smarf Growth District (the "GSGD")
4.11.1 Purposes. The purposes of the GSGD are:
4.11.1.1. To establish a Smart Growth Overlay District to encourage smart
growth in accordance with the purposes of Mass. Gen. Laws Ch. 40R.
The GSGD will allow for multi-family housing, which will help
provide additional affordable housing opportunities within the Town
of Reading.
4.11.1.2. To implement the objectives of both the EO 418 Reading Community
Development Plan (2004) and the Reading Master Plan (2005), which
identified the area within the GSGD for mixed-use development
4.11.1.3. To ensure high quality site planning, architecture and landscape design
that enhances the distinct visual character and identity of Reading and
provides an environment with safety, convenience and appropriate
amenities.
4.11.1.4. To provide for a diversified housing stock within Reading, including
affordable housing and housing types that meet the needs of the
Town's population, all as identified in the EO 418 Reading
Community Development Plan (2004), the Reading Master Plan
(2005), and the Reading Housing Plan (2006).
4.11.1.5. To generate positive tax revenue, and to benefit from the financial
incentives provided by Mass. Gen. Laws Ch. 40R, while providing the
opportunity for new residential development.
4.11.2 Authority and applicability. The GSGD is established pursuant to the
authority of Mass. Gen. Laws Ch. 40R and 760 CMR 59.00. At the option
of the Applicant, development of land within the GSGD may be
undertaken by means of a Plan Approval pursuant to the zoning controls
set forth in this Section 4.11, or by complying with all applicable
Underlying Zoning controls set forth in the Town of Reading Zoning By-
Laws. Notwithstanding anything to the contrary in the Zoning By-Laws,
Development Projects proceeding under this Section 4.11 shall be
governed solely by the provisions of this Section 4.11. and the standards
and/or procedures of the Underlying Zoning shall not apply. Development
Proposed Reading 40R GSGD By-Law
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I of 33 36'k
For Placement on the Reading 2007 Town Meeting Warrant
DHCD Approved 11/9/07
Projects proposed pursuant to this Section 4.11 shall not be subject to any
other provisions of the Zoning By-Laws, including limitations upon the
issuance of building permits for residential uses related to a rate of
development or phased growth limitation or to a focal moratorium on the
issuance of such permits, or to other building permit or Dwelling Unit
limitations.
4.11.3 Establishment and delineation of GSGD. The GSGD is an overlay
district that is superimposed over the Underlying Zoning district. The
boundaries of the GSGD are delineated as the "Gateway Smart Growth
District `GSGD"' on, the Reading Zoning Map on file in the office of the
Town Clerk, said map hereby made a part of the Zoning By-Laws.
4.11.4 Definitions. As used in this Section 4. 11, the following terms shall have
the meanings set forth below:
ACCESSORY BUILDING - A detached single story building the use of which is
customarily incidental and subordinate to that of the principal building" and which
is located on the same lot as that occupied by the principal building. 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 the principal building shall be
subject to the dimensional requirements applicable to the principal building.
ADMINISTERING AGENCY - An organization designated by the Reading
Board of Selectmen, which may be the Reading Housing Authority or other
qualified housing entity, with the power to monitor and to enforce compliance
with the provisions of this By-Law related to'Affordable Units, including but not
limited to computation of rental and sales prices; income eligibility of households
applying for Affordable Units; administration of an approved housing marketing
and.resident selection plan; and recording and enforcement of an Affordable
Housing Restriction for each Affordable Unit in the GSGD. In a case where the
Administering Agency cannot adequately carry out its administrative duties, upon
certification of this fact by the Reading Board of Selectmen or by DHCD, such
duties shall devolve to and thereafter be administered by a qualified housing
entity designated by the Reading Board of Selectmen or, in the absence of such
timely designation, by an entity designated by the DHCD.
AFFORDABLE UNIT - An Affordable Rental Unit or an Affordable
Homeownership Unit that is affordable to and occupied by an Eligible Household.
AFFORDABLE HOUSING RESTRICTION - A deed restriction of an
Affordable Unit meeting statutory requirements in Mass. Gen. Laws Ch. 184 § 31
and the requirements of Section 4.11.10 of this By-Law.
Proposed Reading 40R GSGD By-Law
2 of 33 3 ~ 0
For Placement on the Reading 2007 Town Meeting Warrant
DHCD Approved 11/9/07
AFFORDABLE RENTAL UNIT - A Dwelling Unit required to be rented to an
Eligible Household in accordance with the requirements of Section 4.11. 10 of this
By-Law.
AFFORDABLE HOMEOWNERSHIP UNIT - A Dwelling Unit required to be
sold to an Eligible Household in accordance with the requirements of Section
4.11. 10 of this By-Law.
APPLICANT - A landowner or other petitioner who files a plan for a
Development Project subject to the provisions of this By-Law.
APPLICATION - A petition for Plan Approval filed with the Approving
Authority by an Applicant and inclusive of all required documentation as
specified in administrative rules adopted pursuant to Section 4.11.11:
APPROVING AUTHORITY - The Community Planning and Development
Commission (CPDC) of the Town of Reading acting as the authority designated
to review projects and issue approvals under this Section 4.11.
AS-OF-RIGHT DEVELOPMENT - A Development Project allowable under this
Section 4.11 without recourse to a special permit, variance, zoning amendment, or
other form of zoning relief. A Development Project that is subject to the Plan
Review requirement of this Section 4.11 shall be considered an As-of-Right
Development.
BASEMENT - The lowest floor level of a building which is either fully or
partially below grade, whether or not fully enclosed.
BUILDING - A structure enclosed within exterior walls whether portable or
fixed, having a roof or other coverings for the shelter of persons, animals or
property.
CONSERVATION USE - Any woodland, grassland, wetland, agricultural or
horticultural use of land, any use of land for the construction and use of ponds or
storm water management facilities.
DEPARTMENT - The Massachusetts Department of Housing and Community
Development (DHCD) or any successor agency.
DESIGN STANDARDS - Design Standards included in Sec. 4.11.9 of this By-
Law and made applicable to Projects within the GSGD that are subject to the Plan
Approval process. The Design Standards are applicable to all Development
Projects within the GSGD that are subject to Plan Review by the Approving
Authority.
Proposed Reading 40R GSGD By-Law 3 of 33
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For Placement on the Reading 2007 Town Meeting Warrant
DHCD Approved 11/9/07
DEVELOPABLE LAND - All land within the GSGD that can be feasibly
developed into Development Projects. Developable Land shall not include: the
rights-of-way of existing public streets and ways; or areas that are: (1) protected
wetland resources (including buffer zones) under federal, state, or local laws; (2)
land located within the Flood Plain Zoning District in the Town of Reading and
subject to seasonal or periodic flooding; or (3) rare species habitat designated
under federal or state law. The foregoing definition shall be for purposes of
calculating density under Section 4.11.7.1 and shall not limit development
activities in such excluded areas if otherwise allowed by applicable law.
DEVELOPMENT LOT - One or more lots which are -designated as a
Development Lot on a plan for a development proposed within the GSGD and for
which Plan Approval is required under the provisions of this Section 4.11. The
lots comprising a Development Lot need not be in the same ownership. Where the
Development Lot consists of more than a single lot, the lots, in combination, shall
be treated as the Development Lot, may be contiguous or non-contiguous and
shall be considered as one lot for the purpose of calculating parking requirements
and Dwelling Units per acre. Any .development undertaken on a Development Lot
is subject to the Design Standards established under Section 4.11.9 of this By-
Law.
DEVELOPMENT PROJECT or PROJECT- A residential development
undertaken under this Section 4.11. A Development Project shall be identified on
the Plan which is submitted to the Approving Authority for Plan Review.
DWELLING - Any building or structure used in whole or in part for human
habitation.
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. The following types of Dwelling Units are
specifically defined:
MULTI-FAMILY DWELLING UNITS - A residential building
containing four or more Dwelling Units designed for occupancy by the
same number of families as the number of Dwelling Units.
ONE-FAMILY DWELLING- A detached dwelling arranged, intended or
designed to be occupied by a single family.
ELIGIBLE HOUSEHOLD, LOW INCOME - An individual or household whose
annual income is below fifty percent (50%) 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.
Proposed Reading 40R GSGD By-Law 4 of 33
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For Placement on the Reading 2007 Town Meeting Warrant
DHCD Approved 11/9/07
ELIGIBLE HOUSEHOLD, MODERATE INCOME - 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 living together in one (1) dwelling unit as a
single house-keeping unit, but not including fraternities, sororities or, other
fraternal or communal living arrangements.
FRONTAGE - The continuous length of a lot line along a street line or Traveled
Way across which access is legally and physically available for pedestrians and
vehicles. The end of a street without a cul-de-sac may be considered frontage, and
may be extended into one or more Traveled Ways for the purpose of providing
frontage.
FLOOR AREA, GROSS - The sum of the areas on the several floors of a
building or buildings measured from the outside surfaces of the exterior walls so
as to include the full thickness thereof.
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.
GARAGE, DETACHED - A detached single story accessory building serving as
storage for personal vehicles or other items belonging to the occupants of the
premises that is used for residential purposes. Such building shall be fully
enclosed. A detached garage located within 10 feet of the principal building shall
be subject to the dimensional requirements applicable to the principal building.
GATEWAY SMART GROWTH DISTRICT or GSGD - An overlay zoning
district adopted pursuant to Mass. Gen. Laws Ch. 40R, in accordance with the
procedures for zoning adoption and amendment as set forth in Mass. Gen. Laws
Ch. 40A and approved by the Department of Housing and Community
Development pursuant to Mass. Gen. Laws Ch. 40R and 760 CMR 59.00.
HEIGHT OF BUILDING - The vertical distance measured at the center line of its
principal front from the established grade or from the natural grade if higher than
the established grade, or from the natural grade if no grade has been established:
to the level of the highest point of the roof beams in the case of flat roof or roofs
inclining not more than one inch to the foot, and to the mean height level between
the top of the main plate and the highest ridge in the case of other roofs. For
buildings with more than one principal front, said vertical distance shall be
measured from the average of the established grade or natural grade, as
applicable, measured at the centerline of each principal front.
Proposed Reading 40R GSGD By-Law 5 of 33 ✓
For Placement on the. Reading 2007 Town Meeting Warrant
DHCD Approved 11/9/07
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).
IMPERMEABLE SURFACE - Natural or manmade material on the ground that
does not allow surface water to penetrate into the soil.
INFRASTRUCTURE LETTERS - The letters issued on behalf of the Town in
fulfillment of Massachusetts General Law Ch. 40R, § 6(a)(11) and 760 CMR
59.04(1)(h) identifying infrastructure improvements to be made incident to the
construction of one or more Development Projects in the GSGD.
LANDSCAPED AREA - Land area not covered by building, parking spaces and
driveways.
LOT - A parcel of land occupied or designed to be occupied by principal and
accessory. buildings or uses, including such open spaces as are arranged and
designed to be used in connection with such buildings.
LOT COVERAGE - The percentage of the total. lot area covered by principal and
accessory buildings and including any detached garages.
PEDESTRIAN WAY - A way intended for use by the general public for the
movement of pedestrians which may include provision for use by cyclists.
Pedestrian Ways include:
PATH - A way that is not located immediately adjacent to and incorporated
within the design of a Traveled Way. A Path may proceed in a meandering
fashion where appropriate to site design rather than the strictly linear
configuration expected of a Sidewalk.
SIDEWALK - A way that is located immediately adjacent to and
incorporated-within the design of a Traveled Way.
PLAN - A plan depicting a proposed Development Project for all or a portion of
the GSGD and which is submitted to the Approving Authority for its review and
approval in accordance with the provisions of Section 4.11.11 of this By-Law.
PLAN APPROVAL - The Approving Authority's authorization for a proposed
Development Project based on a finding of compliance with this Section 4.11 of
the By-Law and Design Standards after the conduct of a Plan Review.
PLAN REVIEW - The review procedure established by this Section 4.11 and
administered by the Approving Authority.
Proposed Reading 40R GSGD By-Law
6 of 33 3 V
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For Placement on the Reading 2007 Town Meeting Warrant
DHCD Approved 11/9/07
RECREATIONAL ACCESSORY USE - A use subordinate to a Principal
Residential Use on the same lot or in the same structure and serving a purpose
customarily incidental to the Principal Residential 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 GSGD. Recreational Accessory Uses may
include, but are not limited to, greenhouse, tool shed, clubhouse, swimming pool,
tennis court, basketball court, and playground.
SERVICE AREA - Exterior locations of a building including, but not limited to,
dumpsters or containerized trash receptacles, metering stations and utilities.
SHARED PARKING FACILITIES - Parking facilities designed and intended to
serve more than a single use as shown on a Plan.
SIGN - Any word, number, emblem, picture, design, trademark or other device io
attract attention.
SINGLE FAMILY RESIDENCE DISTRICT - A zoning district allowing One-
Family Dwelling uses per the Zoning By-Law.
STRUCTURED PARKING - Two or more levels of parking, vertically stacked,
either alone or integrated into 'a building.
TRAVELED WAYS - A way intended for use by the general public for the
movement of vehicles which may include provision for use by pedestrians and
cyclists through the use of bicycle lanes, sidewalks, shoulders and/or dedicated
travel lanes.
UNDERLYING ZONING - The zoning requirements adopted pursuant to Mass.
Gen. Laws Ch. 40A that are otherwise applicable to the geographic area in which
the GSGD is located, as said requirements may be amended from time to time.
UNDULY RESTRICT - A provision of the GSGD or a Design Standard adopted
pursuant to Mass. Gen. Laws Ch. 40R and 760 CMR 59.00 that adds
unreasonable costs or unreasonably impairs the economic feasibility of a proposed
Development Project in the GSGD.
UNRESTRICTED UNIT - A Dwelling Unit that is not restricted as to rent, price
or eligibility of occupants.
USE, ACCESSORY - The use of a building or premises for purposes customarily
incidental to a permitted principal use.
USE, PRINCIPAL - The main or primary purpose for which a structure, building,
or lot is designed, arranged, licensed, or intended, or for which it may be used,
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occupied, or maintained under this Section 4.11.
VILLAGE GREEN - An area of publicly accessible open space in the District
that may be landscaped with greenery or hardscape.
YARD - An open space on the same lot with a building.
YARD, FRONT - The yard extending between the building and the street line
and extending across the full width of the lot.
YARD, REAR - The yard extending between the building and the rear line of the
lot and extending across the full width of the lot.
YARD, SIDE - The yard extending between the building and the side line of the
lot and extending from the front yard to the rear yard.
4.11.5 Permitted Uses.
4.11:5.1.. The following principal uses shall be permitted in the GSGD As-of-
Right upon Plan Approval pursuant to the provisions of this Section
4.11.:
Retail Recrea-
Multi-Family and Office Conser- tional
Dwelling Unit Restau- vation Use,
rant Accessory
GSGD Yes No No Yes Yes
4.11.5.2. Parking accessory to any of the above permitted uses, including
surface parking, garage, parking under buildings, and above and below
grade structured parking, subject to the dimensional requirements of
this Section 4.11.
4.11.5.3. Accessory uses customarily incidental to any of the above permitted
uses.
4.11.6. Prohibited uses or activities in the GSGD. All uses not expressly
allowed are prohibited.
4.11.7 Dimensional and other requirements. Notwithstanding anything to the
contrary in this Section 4.11, the dimensional requirements applicable in
the GSGD are as follows:
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4.11.7.1. Density. Subject to the limit on Maximum Residential Development in
Section 4.11.7.4 below, Multi-family residential uses shall be
permitted As-of-.Right at a density of at least twenty (20) Dwelling
Units per acre of Developable Land.
4.11.7.2. Table of Dimensional Regulations.
Table of Dimensional Regulations.
Minimum Lot Area
! Minimum Frontage (min.)
Front Yard (min.)
Side Yard (min.)
Rear Yard (min.)
Lot Coverage (max.)
Landscaped Area (rain,)
Building Height (max.)
Required Structure Setback from a Single
Family Residence District
Required Width of a Vegetative Buffer
Strip Adjacent to a Single Family
Residence District
Dimensional Control
N/A
loft
10 feet
10 feet .
10 feet
60%
25%
55 feet or 4 stories
100 feet (see Section
4.11.9.12)
25 feet (see Section
4.11.9.12)
4.11.7.3. Number of buildings on a lot. In the GSGD, more than one principal
building may be erected on a lot.
4.11.7.4. Maximum Residential Development. The aggregate number of
Dwelling Units that shall be permitted pursuant to this Section 4.11
shall be two hundred and two (202).
4.11:7.5., Structured parking. Structured parking allowable pursuant to Section
4.11.5 (2) shall be governed by this Section 4.11 and by Design
Standards in Section 4.11.9., and shall not exceed forty-five (45) feet
in height and shall be approved as to capacity and location by the
Approving Authority.
4.11.8 Parking.
4.11.8.1. Parking shall be provided in order to meet or exceed the following
minimum requirements: at least 1.6 parking spaces shall be provided
for.each Dwelling Unit. When application of this requirement results
in a number that includes a fraction, the fraction shall be rounded up to
the next whole number.
4.11.8.2. Shared Parking. Notwithstanding anything to the contrary herein, the
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use of shared parking to fulfill parking demands noted above that
occur at different times of day is strongly encouraged. Minimum
parking requirements above may be reduced by the Approving
Authority through the Plan Approval process if the Applicant can
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 approved studies).
4.11.8.3. Reduction in parking requirements. Notwithstanding anything to the
contrary herein, any minimum required amount of parking may be
reduced by the Approving Authority through the Plan Approval
process if the Applicant can demonstrate that the lesser amount of
parking will not cause excessive congestion, endanger public safety, or
that a lesser amount of parking will provide positive environmental or
other benefits, taking into consideration:
4.11.8.3.1. The availability of surplus off-street parking within the
Business C zoning district;
4.11.8.3.2. The availability of on-street, public or commercial parking
facilities within the Business C zoning district;
4.11.8.3.3. Shared use of parking spaces serving other uses having peak
user demands at different times;
4.11.8.3.4. Age or other occupancy restrictions which are likely to result in
a lower level of auto usage;
4.11.8.3.5. Impact of the parking requirement on the physical environment
of the affected lot or the adjacent lots including reduction in
open space, destruction of significant existing trees and other
vegetation, or loss of pedestrian amenities along public ways;
and
4.11.8.3.6. Such other factors as may be considered by the Approving
Authority.
Where such reduction is authorized, the Approving Authority may
impose conditions of use or occupancy appropriate to such reductions.
4.11.8.4. 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 the regulations of the
Massachusetts Architectural Access Board (AAB).
4.11.9 Design Standards. To ensure that new development shall be of high
quality, and shall meet the standards envisioned by the Town of Reading
in adopting this By-Law, the physical character of a Development Project
within the GSGD shall comply with the following Design Standards in the
issuance of Plan Approval for a Development Project within the GSGD.
The Design Standards include standards as authorized at 760 CMR
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59.04(1)(f) not only governing the design of buildings but also the
dimensions and layouts of roadways and parking areas, consistent with the
character of building types, streetscapes and other features traditionally
found in densely settled areas of the Town of Reading, the protection of
natural site features, the location and design of on-site open spaces,
exterior signage and landscaping and other buffering in relation to
adj acent. properties, and the standards for the construction and
maintenance of drainage facilities within the Development Project.
4.11.9.1. Scale, Proportion and Exterior Appearance of Buildings.
4.11.9.1.1. Building Facades.
4.11.9.1.1.1 Building design shall maintain the distinction between
upper and lower floors for multi-story buildings using
horizontal elements such as varied building materials.
4.11.9.1.1.2
Projecting bays, columns, recessed balconies and roof
shape variation should be utilized. Building facades
may also include appurtenances such as cupolas,
gables, turrets, spires, widow walks, trellises, etc.
4.11.9.1.1.3
The architectural features, materials, and the
articulation of a facade of a building shall be continued
on all sides visible from a public street or circulation .
road.
4.11.9.1.1.4
Building facades shall vary in height or vary the planes
of exterior walls in depth and direction to break up the
box-like mass and scale of new buildings.
4.11.9.1.1.5
No uninterrupted length of any facade should exceed
40% of the fagade's total length, or 85 horizontal feet,
whichever is less, without incorporating one of the
following: color change, material change, texture
change; and one of the following: plane projections or
recesses, trellises, balconies, or windows.
4.11.9.1.1.6
The architecture facing a public space or Traveled Way
or Sidewalk should incorporate features such as
moldings, pilasters and other architectural details.
4.11.9.1.1.7
Balconies and porches. Residential balconies and
porches are encouraged where practical, particularly on
building facades fronting on a Traveled Way, Sidewalk
or the Village Green.
4.11.9.1.2. Roof Profiles.
4.11.9.1.2.1 Roof profiles should employ varied vertical and
horizontal planes for visual relief to the tops of
buildings. Design elements such as parapets, cornices,
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towers and piers may also be used. HVAC equipment
shall be screened.
4.11.9.1.2.2 Design elements such as false mansard roofing may be
used to create the appearance that the fourth floor of a
building is incorporated into the roof line.
4.11.9.1.3. Windows and Doorways.
4.11.9.1.3.1 Fenestration patterns may vary from building to
building, but overall the development should exhibit
general consistency of proportions along a Traveled
Way.
4.11.9.1.3.2
Windows should be designed to add visual relief to a
wall, which may include insetting the window pane a
minimum of three (3) inches from the exterior wall
surface.
4.11.9.1.3.3
In general, all windows should be taller than they are
wide; provided however, that several vertically-oriented
windows may be placed consecutively such that the
combined width exceeds the height and excluding
specific sections of glass (or "storefront") used at
building entrances, offices or common areas.
4.11.9.1.3.4
Windows on top floors should not be wider than
windows on the first floor.
4.11.9.1.3.5
Windows on the top and bottom floors should generally
align vertically.
4.11.9.1.3.6
Recessed doorways are preferred, in order to break up
the building facade, provide a welcoming space, and
provide protection from sun and rain. Where a recessed
doorway is not used, an awning or vestibule can have a
similar effect and may be used. Adequate lighting for
the doorway shall be provided at night.
4.11.9.1.4. Materials and Color.
4.11.9.1.4.1 Building fagade materials including, but not limited to,
brick, wood, cementitious fiber board, manufactured
limestone, cast stone, masonry, stone, glass, terra cotta,
cellular PVC trim, the and sustainable materials are
permitted within the District.
4.11.9.1.4.2 A combination of materials should be used within a
building.
4.11.9.1.5. Sustainable Design. Sustainable design principles shall be
considered for all buildings and site design elements to the
maximum extent practical. Sustainable design elements
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intended to reduce energy consumption may include skylights
and "day lighting," windows with low solar-gain factors,
landscaping, as well as system and material selections that
meet or exceed Energy Star standards..
4.11.9.1.6. Protection of public safety. Site design shall include adequate
water supply distribution and storage for fire protection.
Vehicular circulation shall meet the access needs of emergency
and public safety vehicles. The adequacy of the foregoing shall
be based on the reasonable requirements of the Reading Chief
of Police and Fire Chief, in their respective fields.
4.11.9.1.7. Service Areas shall be screened from view from adjacent
residential districts with materials consistent with the primary
building fagade, fencing and/or vegetation.
4.11.9.2. Placement, Alignment, Width and Grade of Streets and Sidewalks.
4.11.9.2.1. Design and location. The overall site design shall include a
transportation network providing for vehicular and pedestrian
circulation to and within the GSGD. Design and construction
shall incorporate sound engineering and construction standards
including adequate provisions for drainage.
4.11.9.2.2. Traveled Ways. There are two categories of Traveled Ways:
Circulation Roads and Driveways.
4.11.9.2.2.1 Circulation Roads shall be a maximum of 26 feet wide
for a two-way road (20 feet for those roads that are one-
way). Circulation Roads may allow for parallel parking,
and shall have granite curbing or edging, and shall
contain Sidewalks on at least one side.
4.11.9.2.2.2 Driveways serving parking areas should be a maximum
of 24 feet wide for a two-way Driveway (18 feet wide
for a one-way) and may have access to perpendicular
parking.
4.11.9.2.3. Pedestrian Ways.
4.11.9.2.3.1 Pedestrian Ways shall be a minimum of five (5) feet
wide. Pedestrian Ways may include street lamps or
street trees that encroach on the sidewalk, provided that
a minimum width of 42" must be maintained.
4.11.9.2.3.2 Sidewalks shall be constructed of concrete, masonry,
. bituminous concrete, stone dust, or stone.
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4.11.9.2.3.3 Sidewalks may be separated from Traveled Ways by a
landscaped strip no less than five (5) feet wide. .
including street trees with permeable grates sufficient
for proper irrigation of the tree's root system.
4.11.9.2.3.4
Lighted walkways shall be provided to link buildings
with public spaces, parking areas, recreation facilities
and Sidewalks on adjacent land wherever practical.
4.11.9.2.3.5.
Where pedestrian connections cross Traveled Ways, a
crosswalk or change in paving shall delineate the
pedestrian connection.
4.11.9.2.3.6
Sidewalks and Paths shall be accessible to the
handicapped in accordance with the Americans with
Disabilities Act and the Massachusetts Architectural
Access Board.
4.11.9.2.3.7
All Sidewalks and Paths shall be open to the public.
4.11.9.2.3.8
A pedestrian connection shall be provided from the
District, and through adjacent land as necessary, to
allow direct pedestrian access from the District to South
Street.
4.11.9.2.4. Vehicular curb cuts may be limited to intersections with other
Traveled Ways or access drives to parking or loading areas for
commercial, civic or multifamily residential uses.
4.11.9.3. Type and Location of Infrastructure.
4.11.9.3.1. Plans. The plans and any necessary supporting documents
submitted with an application for Plan Approval within the
GSGD shall show the general location, size, character, and
general area of Traveled Ways and public spaces. or facilities.
4.11.9.3.2. Ownership and maintenance. The plans and documentation
submitted to the Approving Authority shall include a
description of proposed private ownership and maintenance of
all Traveled Ways, including vehicular ways and Sidewalks,
and all proposed public spaces or facilities. As a condition of
Plan Approval, the Approving Authority may require provision
of an Operations and Maintenance Plan for Traveled Ways and
drainage facilities associated with the Traveled Ways. If
applicable, a homeowners' association, a condominium
association or a business association may be established to
ensure that all Traveled Ways and associated drainage facilities
shall be properly maintained by a private party, and that the
Town of Reading shall incur no expense related to such
operations and maintenance.
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4.11.9.3.3. Underground Utilities. All new utilities (except water and
wastewater treatment structures and other facilities that require
above grade access) shall be installed underground.
4.11.9.3.4. Stormwater management shall incorporate "Best Management
Practices" (BMP) as prescribed by the Massachusetts
Department of Environmental Protection.
4.11.9.4. Location of Building and Garage Entrances.
4.11.9.4.1. Entrances to residential units that are not required to be
handicap accessible or adaptable may be vertically separated
from the public Sidewalk by at least 12" and by at least 24"
where the front fagade of the house or front porch is within 10'
of the public Sidewalk.
4.11.9.4.2. Building entrances shall provide direct access to one or more
Pedestrian Ways.
4.11.9.4.3. Garages. If garages are proposed, they should be designed in
such a way that they do not front on a Circulation Road.
Detached garage banks, or recessed locations behind, under or
in the side yard of a dwelling unit, may be used where
practical.
4.11.9.5. Off-Street Parking & Loading.
4.11.9.5.1. Parking may be provided within or below residential structures.
Surface parking lots shall be located to the side and the rear of
buildings as oriented toward a Circulation Road with no more
than 4 rows of parking including 2 driveways located between
a building and a Circulation Road.
4.11.9.5.2. No parking area shall be located within thirty (30) feet of the
Single Family Residence District, and no parking area or
building shall be allowed in Restricted Area "A" as shown on
the plan entitled: "Plan Showing Height Limitation and
Setback Areas, Business C District in Reading, Mass.", dated
March 27, 2000, Scale 1" = 60', by Hayes Engineering, Inc., on
file with the Reading Town Clerk.
4.11.9.5.3. Curb side loading spaces may be provided.
4.11.9.5.4. Typical parking spaces in a parking lot shall have minimum
dimensions of 9 feet x 18 feet.
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4.11.9.5.5. Parallel parking shall have minimum dimensions of 8 feet x 22
feet.
4.11.9.5.6. Compact car spaces may be provided to a maximum of 30% of
all non-parallel parking spaces. The minimum stall size for
compact cars is 8 feet x 16 feet and signage and pavement
markings shall be installed identifying compact car spaces.
4.11.9.5.7. Handicapped parking spaces shall be provided in compliance
with the Americans with Disabilities Act and the
Massachusetts Architectural Access Board.
4.11.9.5.8. Large parking areas shall be landscaped to minimize their
visibility from Traveled Ways and from areas outside the
District. Continuous parking areas, or lots, of 50-200 spaces
shall have 5% of the area landscaped; lots over 200 parking
spaces shall have 7% of the total area landscaped. (See Section
4.11.9.13 Design Standards Summary Table.)
4.11.9.6. Protection of Significant Natural Site Features.
4.11.9.6.1. . Plans submitted to the Approving Authority shall identify trees
to be preserved within theProject. Trees shall be tagged in the
field and appropriately designated on project plans.
4.11.9.6.2. Roadways and lots shall be designed and located in such a
manner as to maintain and preserve, to the maximum extent
practical, existing tree cover, wetlands, natural topography and
significant natural resources, and to minimize cut and fill.
4.11.9.6.3. The area in the northwest corner of the District shall be
preserved as existing open space and the existing mature
vegetation in that location shall not be cut. No parking,
building or construction of any structure or impervious surface
shall be allowed in the portion of the District within Restricted
Area "A" as shown on the plan entitled: "Plan Showing Height
Limitation and Setback Areas, Business C District in Reading,
Mass.", dated March 27, 2000, Scale 1" = 60', by Hayes
Engineering, Inc., on file with the Reading Town Clerk.
4.11.9.7. Location and Design of On-Site Open Space Areas.
4.11.9.7.1. Open spaces shall be landscaped to allow for a variety of uses.
Open spaces may include sidewalk furniture and small
structures such as a gazebo or trellis to increase the options for
use and enjoyment of the spaces.
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4.11.9.7.2. A Project shall include a central Village Green, a minimum of
15,000 square feet in area, measured from curb to curb and
inclusive of Sidewalks oriented to and directly accessible from
a Traveled Way. The Village Green shall be adjacent to the
residential uses in the Project. Additional gathering spaces may
be located throughout the Project.
4.11.9.7.3. The Village Green shall be located at a vehicular intersection in
the Project, and shall be pedestrian accessible from two or
more sides. Where practical, buildings and uses may front on
the Village Green.
4.11.9.7.4. Circulation shall be provided with a continuous Path through
parks. Surfaces may include gravel, concrete, stone dust or
bituminous concrete. Access shall be continuous from all
points of interest and allow free passage through the space on
foot and bicycle.
4.11.9.7.5. The Village Green shall be landscaped with a variety of ground
coverings, flowers, plants, shrubs, and trees, and may
incorporate one or more "hard" elements such as fencing,
gazebo, seating areas, and decorative paving.
4.11.9.7.6. Open Spaces shall be served by direct pedestrian access.
4.11.9.8. Landscaping.
4.11.9.8.1. Plantings shall include a variety of species and should consider
the local climate, site conditions, salt level, and water level.
4.11.9.8.2. Circulation Roads shall include a minimum of one shade tree
every 50 linear feet. Additional trees and landscaping is
encouraged.
4.11.9.8.3. Parking Area Landscaping. Surface parking lots shall have
landscaped islands to divide large parking areas.
4.11.9.8.4. Landscaping of Traveled Ways. Landscape plantings for all the
Traveled Ways in a Development Project shall include
deciduous shade trees. These plantings may be in either linear
rows or informal groupings. Regular rows shall be used in
cases where the Traveled Way abuts walkways, parking lots
and buildings. Informal groupings may be used where the
Traveled Way abuts existing vegetation.
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4.11.9.9. Screening/ Fencing.
4.11.9.9.1. Fences. Fences may be used to provide continuity to a
streetscape, privacy for homeowners and their guests from
passers by, to help differentiate private space from public space
and to reinforce the pedestrian scale of the streetscape.
4.11.9.9.2. All fencing or walls utilized to screen parking and/or service
areas shall meet the following specifications:
4.11.9.9.2.1
4.11.9.9.2.2
4.11.9.9.2.3
4.11.9.10. Lighting.
Ornamental metal fencing, decorative wood fencing, or
masonry walls shall be allowed. Wood picket fences,
decorative metal fences and stonewalls are encouraged.
Concrete retaining walls with a fascia may be used if
permitted by the Approving Authority.
Concrete walls and chain link fences should not be
used. Chain link fencing is prohibited for screening
purposes. Black, vinyl-coated chain link fencing is
permissible for non-screening purposes including
safety, security and access restriction.
Fencing or walls shall be a minimum of three (3) feet
high.
4.11.9.10.1. For lighting fixture heights and spacing dimensions, please see
Section 4.11.9.13 Design Standards Summary Table.
4.11.9.10.2. All outdoor lighting in a Project shall comply with the
following shielding provision: Direct light emitted by exterior
luminaire shall not emit directly by a lamp, off a reflector, or
through a refractor above a horizontal plane (90 degrees)
through the fixture's lowest light-emitting part. Light from
outdoor fixtures is prohibited from spilling into abutting single-
family residential districts.
4.11.9.10.3. Prevention of light pollution. A Development Project within
the District shall employ outdoor illuminating devices, lighting
practices, and systems which will conserve energy while
maintaining reasonable nighttime safety and security. All
outdoor lighting in a Project, except those regulated by Federal,
State, or municipal authorities, whether ground, pole, or wall- .
mounted, shall comply with the following provisions:
4.11.9.10.3.1 Maximum height requirements are as defined in Section
4.11.9.13 Design Standards Summary Table.
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4.11.9.10.3.2 The height of a light fixture shall be measured from the
ground to the light emitting flat glass of the luminaire;
pole height may be higher than this light-emitting
height.
4.11.9.10.3.3 If the Sidewalk includes street trees, locate streetlights
between the trees so that the tree canopy does not
interfere with illumination coverage.
4:11.9.10.3.4 Street poles and lighting fixtures shall be dark in color
to reduce light reflectivity.
4.11.9.10.3.5 Shielding. Direct.light emitted by an outdoor light
fixture shall not emit directly by a lamp, off a reflector
or through a refractor above a horizontal plane through
the fixture's lowest light-emitting part.
4.11.9.10.3.6 All light fixtures shall emit a steady and constant light
and shall not emit a flashing or irregular light, unless
specifically required by Federal, State, or municipal
authorities.
4.11.9.10.3.7 Prohibited light sources.
4.11.9.10.3.7.1. Mercury vapor and quartz lamps. For the
purposes of these Design Standards, quartz
lamps shall not be considered an incandescent
light source.
4.11.9.10.3.7.2. Laser source light. The use of laser source light
or any similar high-intensity light for outdoor
advertising, when projected above the
horizontal, is prohibited.
4.11.9.10.3.7.3. Searchlights. The operation of searchlights is
prohibited.
4.11:9:10.3.7.4. Internally lit signs and flashing signs, including
neon signs, are prohibited.
4.11.9.10.3.7.5. Metal halide lighting. All outdoor light fixtures
utilizing a metal halide lamp or lamps shall be
shielded and filtered. Filtering using quartz
glass does not meet this requirement.
4.11.9.10.3.8 Exemptions.
4.11.9.10.3.8.1. Fossil fuel light. All outdoor light fixtures
producing light directly by the combustion of
natural gas or other fossil fuels are exempt from
all requirements of this By-Law.
4.11.9.10.3.8.2. Other light sources. All outdoor light fixtures
using an incandescent lamp or lamps of 150
watts or less are exempt from all requirements
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of this bylaw. All outdoor light fixtures using
any lamp or lamps of 50 total watts or less are
exempt from all requirements of these Design
Standards.
4.11.9.10.3.8.3. Specialty lights. Alternative outdoor light
fixtures may be allowed- if it is found that the
fixture's design and appearance are superior,
significant light pollution will not be created,
and glare is minimal.
4.11.9.10.4. Exterior Light Timing. Exterior lighting may be controlled by a
photo sensor or time switch that automatically reduces light
levels, decreasing light levels during nighttime hours while still
maintaining necessary security lighting.
4.11.9.10.5. Light levels shall meet or exceed the minimum design
guidelines defined by the Illuminating Engineering Society of
North America (IESNA)..
4.11.9.11. Exterior Signs.
4.11.9.11.1. A Project may include one residential access sign not in excess
of forty (40) square feet at each vehicular access point to the
Project and one residential building sign not in excess of
sixteen (16) square feet located flat against the wall of each
residential building;. subject to approval by Reading public
safety officials.
4.11.9.11.2. Wayfinding Signs. Installation of small, externally illuminated
wayfmding signs not to exceed two square feet in area per side
is encouraged to assist visitors to locate sites of interest within
the District. Wayfinding signs should not exceed seven (7) feet
in height, and should be installed for the benefit of both
automotive and pedestrian traffic.
4.11.9.11.3. Non-commercial flags are permitted within the District and
shall not be regulated as signs.'
4.11.9.11.4. In no case shall signage project above the roof line.
4.11.9.11.5. Signage must be externally lighted. The fixtures should either
be decorative (such as goose=neck lights) or camouflaged.
Wiring should be concealed within building molding and lines.
Lighting should be mounted at an oblique angle to eliminate
glare.
Proposed Reading 40R GSGD By-Law
20 of 33
For Placement on the Reading 2007 Town Meeting Warrant
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4.11.9.11.6. Prohibited Sign Types. Commercial signage is prohibited.
4.11.9.12. Buffering in Relation to Adjacent Properties.
4.11.9.12.1. Buffer from. adjacent existing residential development. No
building shall be located within one hundred (100) feet of a
Single Family Residence District.
4.11.9.12.2. There shall be a landscaped buffer strip of a minimum width of
thirty (30) feet along the full abutting length of a Single Family
Residence District.
4.11.9.12.2.1 The landscaped buffer shall have, at a minimum, a
staggered double row of a 70%/30% mixture of
evergreen/deciduous trees. Evergreen trees shall be a
minimum of six (6) feet in height at the time of planting.
Trunks of deciduous trees shall be a minimum of 3 inches
caliper at the time of planting. Plant material shall be
maintained in a healthy condition or replaced to attain
required height. Buffer edge shall be planted a minimum of
two (2) feet off of the property line abutting a residential
district.
4.11.9.12.2.2 In lieu of the requirements of Sec. 4.11.9.12.2.1, the
Approving Authority may require construction of a
combination of fencing, raised berm or berms and planted
materials in the landscaped buffer strip in order to screen
adjacent properties from visual impacts associated with
automobiles and automobile headlights within the District.
In their determination of the. need for screening as it varies
along the District boundary, the Approving Authority shall
consider the preservation of existing vegetation and the
anticipated visibility of buildings-in the District from
abutting properties, including whether such fencing, berm
or berms, and planted materials will provide greater
screening than the preservation of existing vegetation.
Proposed Reading 40R GSGD By-Law 21 of 33
3
For Placement on the Reading 2007 Town Meeting Warrant
DHCD Approved 11/9/07
I
t Dimensions
I
I
I Curbing
I
f
I On-Street
I Parking
I
4.11.9.13. Design Standards Summary Table
-
Circulation Road
-
Driveways
Paths
-
Village Green
Surface Parking
2 lanes
26 Ft.
2 lanes, 24 Ft.
Minimums: 9'x 18'
,
maximum width plus
maximum (18
Ft
maximum
5' minimum
15,000 sf
typical. 8' x 22' parallel.
parallel parking (ZO
. for one-way
width
minimum
o
8'x 16 compact (30/o
I
Ft. max for one way)
driveway)
maximum)
Granite,
Granite,
'
Granite, concrete,
concrete,
bituminous
concrete,
bituminous
Granite, concrete,
bituminous concrete,
concrete
None
concrete
,
bituminous concrete,
and/or landscape
,
and/or
required.
,
and/or
and/or landscape
swale.
landscape
landscape
I
swale.
swale.
swale.
Parallel parking
Parallel
head-
parking
None required
I
allowed on one or
,
in or angled
N/A
. on Village
N/A
both sides at 8 x 22
parking
Green edge
Ft. minimum
permitted
.
I
Deciduous Trees,.
Evergreen Trees
Landscaping every 50 Ft. O.C.
minimum Shrub
Material. Plus
Seasonal Plantings.
Sidewalk Width, 5 Ft. Minimum
I Location
(One or Two Sides)
I
Poured or bituminous
Sidewalk
concrete, crushed
Material
stone, stone dust or
j
I
similar materials.
' Height of
Lighting Fixtures
18 Ft. maximum
I "Cut-Off' to 90
I degrees or less
I
I Signage
Traffic, Wayfinding,
I
Residential Access
N/A
18 Ft.
maximum
Traffic,
Wayfinding
Proposed Reading 40R GSGD By-Law
Deciduous
Trees,
Evergreen
Trees, and/or
Shrub
Material. Plus
Seasonal
Plantings.
.5 Ft.,
.Minimum
Poured or
bituminous
concrete,
crushed
stone, stone
dust or
similar
materials.
18 Ft.
maximum
Wayfinding
Deciduous
Trees, Shrub
Material, Street
Furniture. and
Seasonal
Plantings.
5 Ft. Minimum
Poured or
bituminous'
concrete,
crushed stone,
stone dust or
similar
materials.
18 Ft.
maximum
Wayfinding
tots of 50-200 spaces
must have 5%
landscaped; 200
spaces or more must
have 7% landscaped.
All islands shall be
minimum of 100 SF.
N/A
N/A
i
.l
25 Ft. maximum
I
I
Traffic, Wayfinding
I
-i
22 of 33
For Placement on the Reading 2007 Town Meeting Warrant
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4.11.10 Affordable housing.
4.11.10.1. Number of affordable units. Twenty percent (20%0) of all Dwelling
Units constructed in a Development Project shall be maintained as
Affordable Units. Twenty-five percent (25%) of all rental Dwelling
Units in a Development Project shall be Affordable Units provided,
however, that this, requirement may be satisfied if twenty percent
(20%) of all rental Dwelling Units in a Development Project are priced
for and made available to Eligible Households, Low Income in
accordance with the requirements of this Section 4.11.10. In
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 or ownership units.
4.11.10.2. Fractional Units. When the application of the percentages specified
above results in a number that includes a fraction, the fraction shall be
rounded up to the next whole number.
4.11.10.3. Affordable Units shall comply with the following requirements:
4.11.10.3.1. The monthly rent payment for an Affordable Rental Unit,
including utilities and parking, shall not exceed thirty percent
(30%) of the maximum monthly income permissible for an
Eligible Household, assuming a Family size equal to the
number of bedrooms in the unit plus one, unless other
affordable program rent limits approved by DHCD shall apply;
4.11.10.3.2. 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; and
4.11.10.3.3. Affordable Units required to be offered for rent or sale shall be
rented or sold to and occupied only by Eligible Households.
4.11.10.4. Design and construction.
4.11.10.4.1. Design. 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
Proposed Reading 40R GSGD By-Law 23 of 33
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For Placement on the Reading 2007 Town Meeting Warrant
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Affordable Units must have access to all on-site amenities.
Affordable Units shall be finished housing units; and
4.11.10.4.2. Timing. All Affordable Units must be constructed and
occupied not later than concurrently with construction and
occupancy of Unrestricted Units and, for Development Projects
that are constructed and approved in phases, Affordable Units
must be constructed and occupied in proportion to the number
of units in each phase of the Development Project.
4.11.10.5. Unit mix. The total number of bedrooms in the Affordable Units shall,
insofar as practicable, be in the same proportion to the total number of
bedrooms in the Unrestricted Units.
4.11.10.6. Affordable housing restriction. Each Affordable Unit shall be subject
to an Affordable Housing Restriction which is recorded with the
Middlesex South District Registry of Deeds or the Middlesex South
Registry District of the Land Court. The Affordable Housing
Restriction shall provide for the implementation of the requirements of
this Section 4.11. All Affordable Housing Restrictions must include, at
minimum, the following:
4.11.10.6.1. Description of the Development Project, including whether the
Affordable Unit will be rented or owner-occupied;
4.11.10.6.2. A description of the Affordable Homeownership Unit, if any,
by address and number of bedrooms; and a description of the
overall quantity and number of bedrooms and number of
bedroom types of Affordable Rental Units in a Project or
portion of a Project 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 Project or the rental portion of a Project
without specific unit identification;
4.11.10.6.3. The term of the Affordable Housing Restriction shall be the
longest period customarily allowed by law but shall be no less
than thirty (30) years;
4.11.10.6.4. The name and address of an Administering Agency with a
designation of its power to monitor and enforce the Affordable
Housing Restriction;
4.11.10.6.5. 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. The housing
marketing and-selection plan shall provide for local preferences
in resident selection to the maximum extent permitted under
applicable law. The plan shall designate the household size
appropriate for a unit with respect to bedroom size and provide
Proposed Reading 40R GSGD By-Law 24 of 33
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For Placement on the Reading 2007 Town Meeting Warrant
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that preference for such unit shall be given to a household of
the appropriate size;
4.11.10.6.6.
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;
4.11.10.6.7.
Reference to the formula pursuant to which rent of a rental unit
or the maximum resale price of a homeownership unit will be
set;
4.11.10.6.8.
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 to another Eligible Household shall be
given to the Administering Agency;
4.11.10.6.9.
Provision for effective monitoring and enforcement of the
terms and provisions of the Affordable Housing Restriction by
the Administering Agency;
4.11.10.6.10.
Provision that the restriction on an Affordable Homeownership
Unit shall run in favor of the Administering Agency 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;
4.11.10.6.11.
Provision that the restriction on Affordable Rental Units in a
rental Development Project or rental portion of a Development
Project shall run with the rental Development Project or rental
portion of a Development Project and shall run in favor of the
Administering Agency and/or the municipality, in a form
approved by municipal counsel, and shall limit rental and
occupancy to an Eligible Household;
4.11.10.6.12.
Provision that the owner(s) or manager(s) of Affordable Rental
Unit(s) shall file an annual report to the Administering Agency,
in a form acceptable to the agency, certifying compliance with
the provisions of this By-Law and containing such other
information as may be reasonably requested in order to ensure
affordability;
4.11.10.6.13.
A requirement that residents in Affordable Units provide such
information as the Administering Agency may reasonably
request in order to ensure affordability; and
4.11.10.6.14.
Designation of the priority of the Affordable Housing
Restriction over other mortgages and restrictions.
4.11.10.7. Administration.
4.11.10.7:1. Administering Agency. An Administering Agency for
Affordable Units, which may be the Reading Housing
Authority or other qualified housing entity, shall be designated
by the Reading Board of Selectmen and shall ensure the
Proposed Reading 40R GSGD By-Law 25 of 33
3
For Placement on the Reading 2007 Town Meeting Warrant
DHCD Approved 11/9/07
following:
4.11.10.7.1.1 Prices of Affordable Homeownership Units are
properly computed; rental amounts of Affordable
Rental Units are properly computed;
4.11.10.7.1.2 Income eligibility of households applying for
Affordable Units is properly and, reliably determined;
4.11.10.7.1.3 The housing marketing and resident selection plan
conforms to all requirements and is properly
administered;
4.11.10:7.1.4 Sales and rentals are made to Eligible Households
chosen in accordance with the housing marketing and
resident selection plan with appropriate unit size for
each household being properly determined and proper
preference being given; and
4.11.10.7.1.5 Affordable Housing Restrictions meeting the
requirements of this section are recorded with the
Middlesex South District Registry of Deeds or the
Middlesex South Registry District of the Land Court.
4.11.10.7.2. Housing Marketing and Selection Plan. The housing marketing
and selection plan may make provision for payment by the
Project Applicant of reasonable costs to the Administering
Agency to develop, advertise, and maintain the list of Eligible
Households and,to monitor and enforce compliance with
affordability requirements.
4.11.10.7.3. Failure of the Administering Agency. In the case where the
Administering Agency cannot adequately carry out its
administrative duties, upon certification of this fact by the
Board of Selectmen 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 Board of Selectmen or, in the
absence of such designation, by an entity designated by the
Department of Housing and Community Development.
4.11.11 Plan Review. The CPDC shall be the Approving Authority for Plan
Approvals in the GSGD, and shall adopt and file with the Town Clerk
administrative rules relative to the application requirements and contents
for Plan Review. Such administrative rules and any amendment thereto
must be approved by the Department of Housing and Community
Development. The Plan Review process encompasses the following:
4.11.11.1. Pre-application review. The Applicant is encouraged to participate in a
pre-application review at a regular meeting of the. Approving
Authority. The purpose of the pre-application review is to minimize
Proposed Reading 40R GSGD By-Law 26 of 33
3~~
For Placement on the Reading 2007 Town Meeting Warrant
DHCD Approved 11/9/07
the Applicant's cost of engineering and other technical experts, and to
obtain the advice and direction of the Approving Authority prior to
filing the application. At the pre-application review, the Applicant
shall outline the proposal and seek preliminary feedback from the
Approving Authority, other municipal review entities, and members of
the public. The Applicant is also encouraged to request a site visit by
the Approving Authority and/or its designee in order to facilitate pre-
application review.
4.11.11.2. Application procedures.
4.11.11.2.1. 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 Approving Authority.
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 Approving
Authority. As part. of any application for Plan Approval for a
Development Project, the Applicant must submit the following
documents to the Approving Authority and the Administering
Agency:
4.11.11.2.1.1 Evidence that the Development Project complies with
the cost and eligibility requirements of Section 4.11.10;
4.11.11.2.1.2 . Development Project plans that demonstrate
compliance with the design and construction standards
of Section 4.11.9; and
4.11.11.2.1.3 A form of Affordable Housing Restriction that satisfies
the requirements of Section 4.11.10.
4.11.11.2.2. 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;
4.11.11.2.3.. Upon receipt by the Approving Authority, applications shall be
distributed to the Building Inspector, Fire Chief, Police Chief,
Board of Health, Conservation Commission, the Board of
Selectmen, Housing Authority and the Department of Public
Proposed Reading 40R GSGD By-Law 27 of 33
3
For Placement on the Reading 2007 Town Meeting Warrant
DHCD Approved 11/9/07
Works. Any reports from these parties shall be submitted to the
Approving Authority within sixty (60) days of filing of the
application; and
4.11.11.2.4. Within thirty (30) days of filing of an application with the
Approving Authority, the Approving Authority or its designee
shall evaluate the proposal with regard to its completeness and
shall submit an advisory report in writing to the Applicant
certifying the completeness of the application. The Approving
Authority or its designee shall forward to the Applicant, with
its report, copies of all recommendations received to date from
other boards, commissions or departments.
4.11.11.3. Public hearing. The Approving Authority shall hold a public hearing
and review all applications according to the procedure specified in
Mass. Gen. Laws Ch. OR § 11 and 760 CMR 59.04(1)(f) and shall, at
the Applicant's expense, provide mailed notice of said hearing to all
parties in interest in accordance with the procedures set forth in Mass.
Gen. Laws Ch. 40A § 11.
4.11.11.4. Prior to the granting of any Plan Approval for a Development Project,
the Applicant must demonstrate, to. the satisfaction of the
Administering Agency, that the method by which such affordable rents
or affordable purchase prices are computed shall be consistent with
state or federal guidelines for affordability applicable to the Town of
Reading. Upon this finding, the Administering Agency must submit in
writing to the Approving Authority that these affordability components
of the Development Project are consistent with applicable state or
federal guidelines for affordability.
4.11.11.5. Plan Approval decision.
4.11.11.5.1. The Approving Authority shall make adecision on the Plan
application, and shall file said decision, together with the
detailed reasons therefore, with the Town Clerk, within one
hundred twenty (120) days of the date the application was
received by the Town Clerk. The time limit for public hearings
and taking of action by the Approving Authority may be
extended by written agreement between the Applicant and the
Approving Authority. A copy of such agreement shall be filed
with the Town Clerk;
4.11.11.5.2. Failure of the Approving Authority to take action within one
hundred twenty (120) days or extended time, if applicable,
shall be deemed to be an approval of the application;
4.11.11.53. An Applicant who seeks approval because of the Approving
Authority's failure to act on an application within the one
hundred twenty (120) days or extended time, if applicable,
Proposed Reading 40R GSGD By-Law 28 of 33
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For Placement on the. Reading 2007 Town Meeting Warrant
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must notify the Town Clerk in writing of such approval, within
fourteen (14) days from the expiration of said time limit for a
decision, and that a copy of that notice has been sent by the
Applicant to the parties in interest by mail and that each such
notice specifies that appeals, if any, shall be made pursuant to
Mass. Gen. Laws Ch. 40R and shall be filed within twenty (20)
days after the date the Town Clerk received such written notice
from the Applicant that the Approving Authority failed to act
within the time prescribed;
4.11.11.5.4. The Approving Authority's findings, including the basis of
such findings, shall be stated in a written decision of approval,
conditional approval or denial of the application for Plan
Approval. The written decision shall contain the name and
address of the Applicant, identification of the land affected and
its ownership, and reference by date and title to the plans that
were the subject of the decision. The written decision shall
certify that a copy of the decision has been filed with the Town
Clerk and that all plans referred to in the decision are on file
with the Approving Authority;
4.11.11.5.5. The decision of the Approving Authority, together with the
detailed reasons therefore, shall also be filed with the Board of
Appeals and the Building Inspector. A copy of the decision
shall be mailed to the owner and to the Applicant, if other than
the owner, by the Approving Authority certifying that a copy
of the decision has been filed with the Town Clerk and that all
plans referred to in the decision are on file with the Approving
Authority. A notice of the decision shall be sent to the parties
in interest and to persons who requested a notice at the public
hearing; and
4.11.11.5.6. Effective date. If twenty (20) days have elapsed after the
decision has been filed in the office of 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. If the application is approved by reason
of the failure of the Approving Authority to timely act, the
Town Clerk shall make such certification on a copy of the
notice of application. A copy of the decision or notice of
application shall be recorded with the title of the land in
question in the Middlesex South District Registry of Deeds,
and indexed in the grantor index under the name 'of the owner
of record or recorded and noted on the owner's certificate of
title. The responsibility and the cost of said recording and
transmittal shall be borne by the owner of the land in question
or the Applicant.
4.11.11.6. Criteria for approval. The Approving Authority shall approve the
Proposed Reading 40R GSGD By-Law 29 of 33
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For Placement on the Reading 2007 Town Meeting Warrant
. DHCD Approved 11/9/07
Development Project upon the following findings:
4.11.11.6.1. The Applicant has submitted the required fees and information
as set forth in applicable regulations;
4.11.11.6.2. The-proposed Development Project as described in the
application meets all of the requirements and standards set
forth in this Section 4.11 and applicable Design Standards, or a
waiver has been granted therefrom; and
4.11.11.6.3. Any.extraordinary adverse potential impacts of the
Development Project on nearby properties have been
adequately mitigated.
For a Development Project subject to the Affordability requirements of
Section 4.11.10, compliance with Section 4.11.11.6.2. above shall
include written confirmation by the Approving Authority that all
requirements of that Section have been satisfied. Prior to the granting
of Plan Approval for a Project, the Applicant must demonstrate, to the
satisfaction of the Administering Agency, that the method by which
such affordable rents or affordable purchase prices are computed shall
be consistent with state or federal guidelines for affordability
applicable to the Town of Reading.
4.11.11.7. Criteria for conditional approval. The Approving Authority may.
impose conditions on a Development Project as necessary to ensure
compliance with the GSGD requirements of this Section 4.11 and
applicable Design Standards, or to mitigate any extraordinary adverse
impacts of the Development Project on nearby properties, insofar as
such conditions are compliant with the provisions of Mass. Gen. Laws
Ch. OR and applicable regulations and do not Unduly Restrict
opportunities for development. The Approving Authority may require
construction of an approved Development Project to be phased for the
purpose of coordinating the Development Project with any mitigation
required to address extraordinary adverse Development Project
impacts on nearby properties and with the implementation of the
infrastructure improvements by the party designated as responsible
under the Infrastructure Letters.
4.11.11.8. Criteria for denial. The Approving Authority may deny an application
for Plan Approval pursuant to this Section 4.11 of the By-Law only if
the Approving Authority finds one or more of the following:
4.11.11.8.1. The Development Project does not meet the requirements and
standards set forth in this Section 4.11 and the applicable
Design Standards;
4.11.11.8.2. The Applicant failed to submit information and fees required
by this Section 4.11 and necessary for an adequate and timely
3
Proposed Reading 40R GSGD By-Law 30 of 33
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review of the design of the Development Projector potential
Development Project impacts; or
4.11.11.8.3. It is not possible to adequately mitigate significant adverse
Development Project impacts on nearby properties by means of
suitable conditions.
4.11.11.9. Time limit. A project approval shall remain valid and shall run with
the land indefinitely provided that construction has commenced within
two (2) years after the decision issues, which time shall be extended by
the time required to adjudicate any appeal from such approval. Said
time shall also be extended if the project proponent is actively
pursuing other required permits for the project or if there is good cause
for the failure to commence construction, or as may be provided in an
approval for a multi-phase Development Project.
4.11.11.10. Appeals. Pursuant to Mass. Gen. Laws Ch. 40R, § 11, any person
aggrieved by a decision of the Approving Authority may appeal to the
Superior Court, the Land Court, or other court of competent
jurisdiction within twenty (20) days after the Plan decision has been
filed in the office of the Town Clerk.
4.11.11.11. Upon approval. of a Development Project by the Approving Authority,
but prior to construction, a pre-construction conference must be held
with Town staff. Prior to first occupancy, a pre-Certificate of
Occupancy meeting must be held with Town staff..
4.11.12 Waivers. The Approving Authority may authorize waivers with respect to
the dimensional and other standards set forth in this Section 4.11 in the
Plan Approval upon a finding that such waiver will allow the
Development Project to achieve the affordability and/or physical character
allowable under this By-Law. However, the Approving Authority may not
waive any portion of the Affordable Housing requirements in
Section 4.11. 10 except insofar as such waiver results in the creation of a
number of Affordable Units in excess of the minimum number of required
Affordable Units.
4.11.13 Project Phasing. The Approving Authority, as a condition of any Plan
Approval, may allow a Development Project to be phased for the purpose
of coordinating the Development Project with any mitigation required to
address any extraordinary adverse Development Project impacts on nearby
properties and with the implementation of the infrastructure improvements
by the party designated as responsible under the Infrastructure Letters.
4.11.14 Change in plans after approval by Approving Authority.
4.11.14.1. Minor Change. After Plan Approval, an Applicant may apply to make
Proposed Reading 40R GSGD By-Law 31 of 33
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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 buildout or building
envelope of the site, or provision of open space, number of housing
units, or housing need or affordability features. Such minor changes
must be submitted to the Approving Authority on redlined prints of the
approved plan, reflecting the proposed change, and on application
forms provided by the Approving Authority. The Approving Authority
may authorize such changes at any regularly scheduled meeting,
without the need to hold a public hearing. The Approving Authority
shall set forth any decision to approve or deny such minor change by
motion and written decision, and provide a copy to the Applicant for
filing with the Town Clerk.
4.11:14.2. Major Change. Those changes deemed by the Approving Authority to
constitute a major change in a Development Project because of the
nature of the change in relation to the prior approved plan, or because
such change cannot be appropriately characterized as a minor change
as described above, shall be processed by the Approving Authority as
a new application for Plan Approval pursuant to this Section 4.11.
4.11.15 Fair Housing Requirement. All Development Projects within the GSGD
shall comply with applicable federal, state and local fair housing laws.
4.11.16 Annual Update. On or before July 31 of each year, the Board of
Selectmen shall cause to.be filed an Annual Update with the Department
of Housing and Community Development (DHCD) in a form to be
prescribed by DHCD. The Annual Update shall contain all information
required in 760 CMR 59.07, as may be amended from time to time, and
additional information as may be required pursuant to Mass. Gen. Laws
Ch. 40S and accompanying regulations. The Town Clerk of the Town of
Reading shall maintain a copy of all updates transmitted to DHCD
pursuant to this By-Law, with said copies to be made available upon
request for public review.
4.11.17 Notification of issuance of building permits. Upon issuance of a
residential building permit within the GSGD, the Building Inspector of the
Town of Reading shall cause to be filed an application to the Department
of Housing and Community Development (DHCD), in a form to be
prescribed by DHCD, for authorization of payment of a one-time density
bonus payment for each residential building permit pursuant to Mass. Gen.
Laws Ch. 40R. The application shall contain all information required in
760 CMR 59.06(2), as may be amended from time to time, and additional
information as may be required pursuant to Mass. Gen. Laws Ch. 40S and
accompanying regulations. The Town Clerk of the Town of Reading shall
maintain a copy of all such applications transmitted to DHCD pursuant to
Proposed Reading 40R GSGD By-Law 32 of 33
3
For Placement on the Reading 2007 Town Meeting Warrant
DHCD Approved 11/9/07
this. By-Law, with said copies to be made available upon request for public
review.
4.11.18 Date of Effect. The effective date of this By-Law shall be the date on
which such adoption is voted upon by Town Meeting pursuant to the
requirements of Mass. Gen. Laws Ch. 40A § 5 and Mass.. Gen. Laws Ch.
40R; provided, however, that an Applicant may not proceed with
construction pursuant to this By-Law prior to the receipt of final approval
of this By-Law and accompanying Zoning Map by both the Department of
Housing and Community Development and the Office of the
Massachusetts Attorney General.
4.11.19 Severability. If any provision of this Section 4.11 is found to be invalid
by a court of.competent jurisdiction, the remainder of Section 4.11 shall
not be affected but shall remain in full force. The invalidity of any
provision of this Section 4.11 shall not affect the validity of the remainder
of the Zoning By-Laws of the Town of Reading.
Proposed Reading 40R GSGD By-Law 33 of 33
3S
CIC 19GS
COMMONWEALTH OF MASSACHUSETTS
' EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENERGY & ENVIRONMENTAL PROTECTION
W NORTHEAST REGIONAL OFFICE
205B Lowell Street, Wilmington, MA 01887 • (978) 694-3200
DEVAL L. PATRICK
IAN A. BOWLES
Governor
Secretary
TIMOTHY P. MURRAY
LAURIE BURT
Lieutenant Governor
Commissioner
r+a
December 10, 2007
rrt
Edward D. McIntire, Jr.
RE: City/Town: Reading
r~
Reading Department of Public Works
PWS Name: Reading Water Division
N
16 Lowell Street
PWS- ID No.: 3246000
Reading, MA 01867-2683
Program: Enforcement
Z5
Action: Required Submittal for ACO
_r
Disposition of Wells and Plant
`0
Enforcement No.: ACO-NE-06-F001
Dear Mr. McIntire:
Please find attached the following information:
Approval of the Town of Reading's submittal in accordance with Paragraph 71. of Administrative Consent
Order ACO-NE-06-F001. The design of the proposed tablet chlorination system must be submitted to
MassDEP for review and approval prior to construction.
Please note that the signature on this cover letter indicates formal issuance of the attached document. If you
have any questions regarding this letter, please contact James Persky at (978) 694-3227.
incerely,
V ~
Eric Worrall '
Deputy Regional Director
Bureau of Resource Protection
EW/lP
cc: DWPBoston Office (no attachment)
Duane LeVangie, MassDEP, Water Management, Boston
Kellie Miller, MassDEP, Water Management, Wilmington
Peter Hechenbleilmer, Town Manager, 16 Lowell Street, Reading, MA 01867
Peter Tassi, Reading Water Division, 16 Lowell Street, Reading, MA 01867-2601
Jon Beekman, SEA Consultants, Inc., 485 Massachusetts Avenue, Cambridge, MA 02139-4018
File Name: Y:\DWP Archive\NERO\Reading-3246000-Enforcement-2007-12-10 t
This information is available in alternate format. Call Donald M. Games, ADA Coordinator at 617-556-1057. TDD Service - 1-800-298-2207.
http://www.mass.gov/dep • Fax (978) 694-3499
10 Printed on Recycled Paper
City/Town: Reading -2- ACO-NE-06-F001
PWS: Reading Water Division Disposition of Wells and Plant
PWS ID: 3246000 December 10, 2007
The Massachusetts Department of Environmental Protection (MassDEP) has reviewed the
Town of Reading's November 28, 2007 letter, which was submitted in accordance with
Paragraph 7.k. of Administrative Consent Order ACO-NE-06-F001. The Consent Order allowed
Reading to use water from the Massachusetts Water Resources Authority (MWRA) system on an
interim basis while the Town obtained the necessary approvals to become a permanent member of
the MWRA water system.
Paragraph 71. of the Consent Order states that within 30 days of receiving the final
certificates, permits or approvals under the Massachusetts Environmental Policy Act (MEPA) and
Interbasin Transer Act to purchase all of its water from the MWRA system, Reading must submit
to MassDEP a plan and implementation schedule regarding the long-term disposition of its
municipal wells and the Louanis Water Treatment Plant. The plan must include decomissioning
and demolition of the treatment plant, conversion of Reading's nine wells from inactive to
emergency status, maintenance of ownership or control of the Zone I protective radii for the wells,
and maintenance of zoning and non-zoning protections of the Zone IT wellhead protection area for
the wells. The Town has now received the necessary MEPA and Interbasin Transfer approvals.
MassDEP granted an extension lentil December 15, 2007 for submittal of this plan.
The Louanis Water Treatment Plant was shut down on August 31, 2006, and treatment
chemicals were removed from the site. The Town's November 28 letter calls for decommissioning
and deconstruction of the plant to be bid in spring 2008 and begun in fall 2008. Deconstruction is
expected to be completed by the end of the calendar year 2008.
The November 28 letter requests that MassDEP reclassify the nine municipal wells to
emergency status.' Clearwell No. 2 and a high lift pump station at the treatment plant will be
retained. In an emergency, the wells will be pumped to the clearwell, from which the pump station
will boost the water to system pressure and discharge it to the municipal distribution system. An
emergency chlorination system that uses hypochlorite in tablet form will be installed at the high lift
pump station. The Town will test the chlorination system every 60 days to ensure that it will be
functional in case of an emergency. The tablet chlorine supply will be replaced annually, or as
recommended by the manufacturer. The existing emergency generator at the plant will be
retrofitted and relocated as necessary to provide backup power to the emergency well system. The
Town expects to complete the design of the emergency well system by spring 2008, and to
complete construction by July 2008.
The Town will retain the land it presently owns within the Zone I of the municipal wells.
The Town will maintain the current wellhead protection zoning and non-zoning controls to protect
the Zone II, and will continue to inspect the Zone 11 annually.
MassDEP hereby approves the Town's November 28, 2007 letter as satisfying the
requirements of Paragraph 71. of the Consent Order. The following requirements must be met:
3~v
File Name: Y:\DWP Archive\NERO\Reading-3246000-Enforcement-2007-12-10
City/Town: Reading -3- ACO-NE-06-F001
PWS: Reading Water Division Disposition of Wells and Plant
PWS ID: 3246000 December 10, 2007
1. The design for the emergency chlorination system must be submitted to MassDEP for
review and approval prior to construction. This submittal must be accompanied by a
MassDEP transmittal form and an application for MassDEP Permit Category BRPWS29
(Chemical Addition Retrofit). This submittal should include related activities that are part
of establishing the emergency well system, such as re-piping of the wells and high lift
pump station, installation of controls at the pump station, and installation of interlocks at
the wells or pump station. In the design, the Town must retain the capacity to meter all
pumping that occurs during emergency use of the wells. To accommodate MassDEP's
review of this submittal, the timeline to complete construction of the emergency water
supply system may be extended to September 30, 2008.
2. The Town of Reading's nine municipal wells - Wells Nos. 2, 3, 13, 15, 66-8, and 82-20,
Revay Well No. 1, the B-Line Well, and the Town Forest Well - are now classified by
MassDEP as emergency wells. Emergency wells may only be used with MassDEP
approval during a declared State of Water Supply Emergency. These declarations are
made by MassDEP at the request of the public water supplier, in accordance with the
Water Management Act (M.G.L. ch. 21 G).
3. The emergency chlorination system, high lift pump station, and clearwell should be fenced
and alarmed as needed to prevent unauthorized intrusion. With the water treatment plant
shut down, Water Department staff will not be providing a physical presence near the
wells as they did in the past. Therefore, MassDEP recommends that the Town install
security fences around the pump stations for the individual wells to prevent vandalism.
01
3 y,3
File Name: YADWP Archive\NERO\Reading-3246000-Enforcement-2007-12-10
December 5, 2007
Mr. Peter Hechenbleilmer
Town Manager
Reading Town Hall
16 Lowell Street
Reading, MA 01867
Dear Mr. Hechenbleilaier:
~fySt~C Valley
ELDER SERVICES
Information • Advice • Solutions
2 /c 3,05
2m7 DEC 13 AH II` 00
Thank you for your continued support of Mystic Valley Elder Services. Enclosed is a detailed
inventory and value of services delivered to Reading's older residents by Mystic Valley Elder
Services during the past year. I believe that this accounting demonstrates in a concrete way how
your local contribution assists us in returning a substantial amount of direct support to Reading.
Without Reading's assistance and that of the other seven participating cities and towns, Mystic
Valley Elder Services would be unable to continue to provide the level of crucial supportive
services currently available.
We have enclosed an invoice in the amount of $5,593 for Reading's FY 2008 cash contribution.
Payment of the invoice within thirty (30) days of receipt of this bill would be most helpful to us
in meeting our FY 2008 fiscal and programmatic obligations. As you may lalow, Mystic Valley
Elder Services is both the federally designated Area Agency on Aging as well as the state's
designated Aging Service Access Point for the Town of Reading. We received these designations
through an application process approved by the Commonwealth of Massachusetts' Executive
Office of Elder Affairs.
For next fiscal year (FY 2009), we are asking that you budget the same amount as this year's
contribution of $5,593. For the sixth year in a row, we recognize the fiscal constraints that you
are dealing with; therefore, we will not request an increase in the coming year. Our goal is to
raise the additional money we need to meet the increasing demand for services directly from
private sources. However, your support is crucial to our ability to provide needed in home and
community based services to area residents.
I want to personally thank you for your community's continued support of MVES' programs and
services through good and bad economic times. We will always be here for you and the residents
of Reading who need help at home.
If you have any questions concerning the enclosed bill or our service accounting, please feel free
to call me or Sean Hubacz, Director of Finance at (781) 324-7705.
Enclosures
Cc: Dawn Folopoulos
300 Commercial Street, #19 a Malden, MA 02148 • FAX 781-324-1369 . TTY/TTD 781-321-8880 3t
781-324-7705 a www.mves.org o 1-800-AGE INFO
Serving the communities of Everett, Malden, Medford,, Melrose, North Reading, Reading, Stonebant, and Makefzeld since 1975.
Mystic Valley Elder Services, Inc.
19 Riverview Business Park
300 Commercial Street
Malden, Massachusetts 02148
Title III-B (Social Services) and Title
111-C (Nutrition Services) provided to Reading elders in
Fiscal Year 2007.
Title III-C
Nutrition Program
Meals Served
Value of Service
Home Delivered Meals
21,483
$105,822
Congregate Meals
5,122
$30,478
Site Managers (Wages/Benefits)
$8,805
Home Delivered Meals Drivers
$24,941
(Wages/Benefits)
TOTAL TITLE III-C VALUE
$170,046
Title III-Supportive Services
Clients
Total
Value of
Leaal Services'
Served
Value
Services
Greater Boston Legal Services, Inc.
Total Cases/Consults
196
Total Reading Residents Served
8
Budget 10/06-09/07
$49,000
% in Reading : 4.08%
Reading's Cost (Budget x 4.D8%)
$2,000
Clients
Total
Value of
Medical Transportation
Served
Value
Services
Total Residents Served
90
Total Reading Residents Served
3
Amount Spent on Reading Elders
$ 3,484
Services to Blind Elders
Massachusetts Association for the Blind
%
r
Total Residents Served
73
Total Reading Residents Served 27
Budget 10/06 - 9/07 $7,000
% in Reading : 36.99%
Reading's Cost (Budget x 36.99%)
Minoritv Outreach
Greater Boston Chinese Golden Age Center
Total Residents Served 161
Total Reading Residents Served 0
Budget 10/06 - 9/07 $14,000
% in Reading : 0.00%
Reading's Cost (Budget x .00%)
Title III E Familv Caregiver Program
MVES Caregiver Support and Eldercare Advice
Cost 10/06-09/07 $183,999
% in Reading : 9.28%
Reading's Cost (Budget x 9.28%)
Title 111 Health Promotions
Title III Health Promtions Funding Subgrants for managing Osteoporosis and Arthritis
Cost 10/06-09/07
% in Reading : 10.57%
Reading's Cost (Budget x 10.57%)
Friendly Visitor Grants
Awarded to Council on Aging during FFY' 07
Monev Manaaement Proaram
Total Residents Served 63
Total Reading Residents Served 4
Budget 10/06 - 9/07
% in Reading : 6.35%
Reading's Cost
SHINE Proaram
$5,874
$30,924
$2,589
$0
$17,075
$621
$2,597
$1,963
3,~3
Total Residents Served
1170
Total Reading Residents Served 77
Budget 10/06 - 9/07
% in Reading : 6.58%
Reading's Cost
TOTAL OF TITLE III AND COMMUNITY PROGRAM
SERVICES PROVIDED TO
READING ELDERS
STATE HOME CARE PROGRAM
248 Reading residents received home care services for the year
ending June 30, 2007. These services included intake & referral,
case management, chore, transportation, social day care, adult
day health, personal care, home health aides, laundry, personal
emergency response, companionship, homemaker and respite care
TOTAL SERVICES PROVIDED TO READING ELDERS
$117,620
$7,741
$208,116
$1,269,077
$1,477,193
U
3~
-6 as
Schena, Paula
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hechenbleikner, Peter
Monday, December 10, 2007 3:38 PM
Reading - Selectmen
Schena, Paula
FW: 40R Zoning
Letter of. Eligibility from DHCD.pdf; Letter of Congratulations from Rep. Jones.pdf
kuhc R abc
Letter of Eligibility Letter of
from DHC... Dngratulations from,
1/c Board of Selectmen
-----Original Message-----
From: Martel, Justin (HOU) [mailto:Justin.MartelLastate.ma.us]
Sent: Monday, December 10, 2007 2:47 PM
To: Hechenbleikner, Peter
Subject: 40R Zoning
Pete,
Representative Jones wanted me to forward you the attached files. I will be attending
tonight's Special Town Meeting and will have hard copies then. Please let me know if you
need anything in the meantime.
-Justin Martel, Legislative Aide for Rep.' Jones
3~\
1
Commonwealth of Massachusetts .
- DEPARTMENT. OF DOUSING &
- w' COMMUNITY DEVELOPMENT
,M $V~tis Deval L. Patrick, Governor ♦ Timothy P. Murray, Lt Governor ♦ Tina Brooks, Undersecretary
December 6, 2007
Mr. James Bonazoli, Chairman
Board of Selectmen
Town Hall
16 Lowell Street
Reading, Massachusetts 01867
Re: Gateway Smart Growth District Preliminary Determination of Eligibility
Dear Mr. Bonazoli:
1 am writing regarding the application for a preliminary determination of eligibility pursuant to MGL,
Chapter 40R and 760 CMR 59.00 that was submitted by the Town of Reading (Town) to the Department
of Housing and Community Development (DHCD) for the proposed Gateway Smart Growth District
(District).' I am pleased to inform you our review has determined that the proposed District satisfies the
referenced statutory and regulatory requirements.
The Smart Growth Residential Density Plan submitted with the application calculates that 202 Incentive
Units are allowed to be developed pursuant to the proposed Smart Growth Zoning. -Upon issuance of a
Letter of Approval,from DHCD, the Town will be entitled to a $350,000 Zoning Incentive Payment. '
Pursuant to 760 CMR 59.05, DHCD issues this Letter of Eligibility with the following conditions:
1. The Town adopts the Smart Growth Zoning for the District as proposed in the document titled
Gateway Smart Growth District By-Law with the approval of DHCD dated November 9, 2007, a copy of
which is enclosed with this letter. Adoption of the Smart Growth Zoning must occur before December 3,
2010. After adoption of the Smart Growth Zoning, the Town must submit to DHCD proof of Such
adoption .certified by the Town Clerk. The Town shall identify all differences between the proposed
Smart Growth Zoning approved with this application and the Smart Growth Zoning adopted by Town
Meeting. If there are changes to the Smart . Growth Zoning, DHCD may treat such submission as an
amendment to the application and will notify the Town of its decision to do so in writing. DHCD.must
confirm its final approval within 60 days of receipt of such submission provided the amended application
satisfies all the approval criteria set forth in 760 CMR 59.04(1):
2. There is no local rule, regulation or bylaw that would prevent the 202 Future Zoned Units from being
developed in the District. There is no agreement that regulates the"development of the Future Zoned Units
or requires a Project to have either Affordable Rental Units or Affordable Homeownership Units.
100 Cambridge Street, Suite 300 www.mass.gov/dhcd
Boston, Massachusetts 02114 .617.573.1100
3. If a building permit has not.been issued for a Bonus Unit in the District within three years of the date 'of
the Zoning Incentive Payment, or if a building permit was issued within such three-year period, but no
certificate of occupancy for such Bonus Unit was issued within two years thereafter, the Town must
submit satisfactory evidence, in' the form of certification by the Plan Approval Authority, zoning
enforcement officer or public works official, of the start of construction within that time period of one or
more Projects as defined by 760 CMR 59.02, or be subject to revocation under 7,60 CMk 59.07(3) and
the' repayment of monies under 760 CMR 59.06(3). The start. of construction requires evidence
satisfactory to DHCD that construction activity has occurred in 'good faith on the Project, such as the
pouring of foundations or footings, or utility relocation, or the remediation of hazardous materials on the
site,. and provided that such construction is continued through to completion. The three-year time period
is extended by the time that a Project on which construction would otherwise have started within the
three-year time period is subject to legal or administrative appeal or challenge, or if the proponent is
actively pursuing other required permits or there is other good cause for the failure to start construction.
If you have any questions or- need further assistance, please do not hesitate to contact Don Schmidt at
(617) 573-1363 or Donald.schmidt@state.ma.us
Sincerely, ,
Tina Brooks
Undersecretary
cc: Carol Kowalski, Community Services Director
Angus Jennings, Concord Square Development
2
glee ~0~:~2 iZt~e~z~t~i O~~G 9ae~2r~?ett1
W Moe a~~~e~c9ei2tatrrree
_ d ate x1me a~ta~ O~'733- X054
s
FVey20'" MIDDLESEX DISTRICT
BRADLEY H. JONES, JR. READING • NORTH READING
STATE REPRESENTATIVE LYNNFIELD • MIDDLETON
TEL. (617) 722-2100
MINORITY LEADER
Rep.BradleyJones@hou.state.ma.us
www.bradjoneson(Ine.com
December 10, 2007
Reading Board, of Selectmen
c/o Mr. Peter Hechenbleikner, Town Manager
Town of Reading
Town Hall
16 Lowell Street
Reading, MA 01867
Dear Chairman Bonazoli and Members of the Board: .
As you know, the Department of Housing and Community Development (DHCD)
recently determined preliminarily that the proposed Gateway Smart Growth District By-
Law meets the requirements of the Commonwealth's new Chapter 40R program. As a
result, the Town of Reading is eligible to receive payments from the Smart Growth
Housing Trust Fund.
I just wanted to take a brief moment to congratulate the Town on its initial eligibility.
Also, I would like to extend the support of my office throughout the smart growth process
if the by-law is adopted. My office has gained useful experience in this area from
working on the J.T. Berry project in North Reading. We would be more than happy to
work with DHCD or help in whatever other way you may need.
With. respect to the money, you should know that DHCD is currently processing
Zoning Incentive Payments. We are advised that there will be enough money in the fund
for the Town to get paid this year. However, there is still a premium on submitting an
application as soon as possible; and that is where we can start to help.
Again, congratulations on the Town's eligibility. Please let me know if I can be of
any assistance.
Si
1. Jones, Jr.
Leader IV\