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Home My WebLink About2007-01-30 Board of Selectmen HandoutTOWN MANAGER'S REPORT Tuesday, January 30, 2007 • We have begun the demolition of Imagination Station. The Recreation Administrator has overseen the removal of plaques and other art work that can be removed. The site will, then be secured by boulders so that encroachment by other uses does not occur until a master plan for the area.can be completed. • Members of the Board of Selectmen and I and ATM/Finance Director Bob LeLacheur attended the MMA Annual Meeting January 12 and 13. Attached is a summary of sessions attended. • Board/Committee/Commission training including ethics training will take place on January 31. • We have received our Affordable Hosing inventory from DHCD. When you adjust for the change in Longwood from a 40B to the current development, the Town's Affordable Housing status is as anticipated - approximately 7.5%. There is one unit left off the inventory, and I am working with the RHA to get it put on. • The Downtown Improvement Project bid date has been moved back to March. BOARD OF SELECTMEN AGENDAS I January 30, 2007 = Close Warrant - Special Town Meeting I 7:30 Executive Session Security Issues January 31, 2007 7:00 Board/Committee/Commission Training - Febivary 3, 2007 -Board of Selectmen budget Meeting I final and Capital ~ $:30 February 6, 2007 Selectmen's Office Hour - Ben Tafoya I 6:30 Highlights I Facilities Department I 7:30 Policy establishing an ad hoc Tax Classification Study Hearing Committee 8:00 Process - National Development 8:151 Request for 4 way stop - Walnut and Old Farm Road 8:45 Executive Session Labor Negotiations 9:15 February 13, 200 Hearing Pay/Classification plan for CS Director/Town Planner 7:30 Hearing Woodland Road Street Acceptance s:oo Review Goals l ! Preview of Annual Town Meeting warrant I I ( Town Accountant Q meeting Park Master Planning - Tennis Court development I Review Action Status report February _26, 2007 - Spec al. Town 1VIeetia February 27, 2007 Close Warrant - Annual Town Meeting Traffic issues: Board of Selectmen proposed standards for multi-way stops; Bancroft and Hartshorn multi-way stop; downtown parking - establishment of regulations on Sanborn between Woburn and Lowell?" Children" signs; Vine Street 1 way with parking? Standards for street width and parking regulations; report on use of rented parking on High Street; report on traffic counts on Federal Street; Report on manner of measurement of distances from corners Hearing West Street School Zone Follow-up - 128/I93 position WSSWM C re follow-up on water issues. 8:00 0 OF RFgb f~ G' Town of Reading 16 Lowell Strdet 639 .INCOR4a Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager&i.reading.ma.us TOWN MANAGER (781) 942-9043 Report of the MMA 28"' Annual Meeting and Trade Show The Annual Meeting and Trade Show took place on Friday, January 12 and Saturday, January 13, 2007. The following staff and/or. Board of Selectmen attended all or portions of this program: Chairman Ben Tafoya, Secretary Stephen Goldy, Selectmen Camille Anthony and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur. The following programs were attended by one and in some cases more members of the Reading delegation: MMA Trade Show Workshops: • Healthcare Where quality costs less • Municipal Wi-Fi - Community Benefits of Leveraging New Wireless Technology • New Issues in Municipal Finance Administration • Open Meeting Law in the 21st Century: Old Law, New Technology • Smart Implementation of 40R Growth • Performance Contracting - Saving Time, Money and Energy Guaranteed • Successful Succession Planning: Building for the Future • Trends in Land Use Law - 40A through Z • Business Improvement District - A Mechanism for Revitalization • Crystal Ball Finances: Multi-Year Revenue Forecasting • Effective Managers/Board Relations • Measuring the Pulse of Your Community with Muni-Stat • Standing Up to Bullying and Intimidation: Strategies for Schools and Municipalities In addition to workshops, members attended the Opening Session featuring keynote speaker Ken Robinson; MMMA and MSA Annual Meetings; MMA Amzual Meeting; MIIA Annual Meeting and luncheon; Closing Session featuring Norman Ornstein; presentation by Governor Deval Patrick and Lt. Governor Tim Murray. The total cost of attendance was $1021. 9 Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager&l.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. IIechenbleikner DATE: January 30, 2007 RE: DHCD Subsidized Housing Inventory TOWN MANAGER (781) 942-9043 Attached is a letter and two page chart showing the current affordable housing inventory for the Town of Reading. It indicates that we have 8.38% of our housing stock as affordable. Two corrections need to be made: 1. Sixty three units shown for Longwood Estates (under the initially approved 40B for the site) needs to be changed to 17 affordable units under the current development. 2. The Housing Authority owned unit on Pierce Street has not been included. Making these modifications, the Town's percentage of affordable housing is 7.65%. It is this number that served as the basis for the planned production plan. PIH/ps cc: CPDC 0'~ Commonwealth of Massachusetts DEPARTMENT OF HOUSING. & 8 COMMUNITY DEVELOPMENT Deval L. Patrick, Governor ♦ Timothy P. Murray, Lt Governor ♦ Tina Brooks, Undersecretary +N ~ SyF W January 18, 2007 N V Dear Local Official:. The Department of Housing and Community Development (DHCD) has recently completed the update to the Chapter 40B Subsidized Housing Inventory (SHI). The SHI is used to measure a community's attainment of affordable housing goals for the purposes of M.G.L. Chapter 408, the Comprehensive Permit Law. Please find enclosed the SHI for your community, which lists the project name and location, number of units and subsidizing agency for all the qualifying units. Confidentiality restrictions prohibit us from releasing the unit numbers or exact street addresses of any subsidized unit.and the location of all DMR and DMH units. The percentage of subsidized housing in a community is calculated by dividing the number of qualifying units (SHI units) in the community by its total number of year-round housing units as enumerated in the 2000 U.S. Census. The update included reviewing the information submitted in response to the DRAFT 2006 SHI that was mailed to communities on August 17, 2006, adding new eligible units submitted by local communities, updating information on individual projects, removing units with expired use restrictions which have not been extended, and removing units where building permits had not been provided within one year of the comprehensive permit becoming final. The current SHI information is derived from information provided to DHCD by individual communities and is subject to change as new information is obtained and use restrictions expire. Units were not added-to the SHI if such units were not eligible for inclusion on the SHI, or where incomplete information or inadequate documentation was provided to establish SHI eligibility. For more information on the SHI, please visit hUp_l/www,'mass.ao-v/dhcd/ToolKit/shi.htm. This page includes links to the SHI percentages for all communities across the Commonwealth, an updated Eligibility Summary for SHI units, the Requesting New Units Form and the excel spreadsheet for Housing Rehab Units Only. Communities may submit the Requesting New Units form with supporting documentation and the Housing Rehab Units Only spreadsheet at any time.during the year. Please submit all requests to add new units to the mailing address listed below, Attention: Margaux LeClair. Electronic submissions can be sent to maroaux.leclair(a state.ma.us. The DHCD will publish updated information for the SHI online on a monthly basis. We- also include several documents that will be useful to local officials. First, the Eligibility. Summary provides extensive information about housing that is eligible for inclusion on the SHI. Second, the Priority Development Fund brochure describes a funding program whereby communities can obtain up to $50,000 in funding for technical assistance and planning that will result in the production of housing. Third is a `save the date' notice for upcoming public information sessions on DHCD's Analysis of Impediments to Fair Housing Access and Action Steps to Mitigate Them, published in December 2006. The information sessions will provide stakeholders the opportunity to learn about the. impediments 'revealed' by our analysis, and our proposals to mitigate them in the future. We invite public comment on oyr analysis and proposals throughout the end of February 2007, and invite all stakeholders to attend the meetings. and public hearings more fully described in the enclosed document. Sinc ly, Tina Broo Undersecretary for Housing . Vr 100 Cambridge Street; Suite 300 www.mass.gov/dhcd Roston. Massachusetts 02114 ' ' ' 617.573.1100 . IDIZED HOUSING INVENTOI EVELOPMENT CH40B -SUBS D SING AND COMMUNITY Built W1 DEPAR'T'MENT OF HOU • it comp. . Subsidizing . Total SH1 y Affordabil Agency Reading Units ~YPe Expires DHCD pHCD Project Name Address 40 Rental Perp No ,D# Frank Tanner Dr. 2602 nia Perp No DHCD • Rental 40 . Frank Tanner Dr. DHGD • 2603 n1a 8 Perp No Rental _ 74 Bancroft Ave. QHCD 2604 n/a 6 Perp_ Yes Rental Oakland & Waverly DHCD 2605 n1a 4 Perp No Rental Pleasant Parker MassHousing 2606 n1a 114 2010 Yes • Rental 2 Elderberry Lane HUD 2607 Cedar Glen 2036 No 12 Rental EMARC Reading 6 Pitman Dr. No MassHousing 2608 86 2046 Rental 75 Pearl Street MassHousing 2609 Longwood place at Reading Yes HUD 74 Rental Perp Peter Sanborn Place 5o Bay State Rd. No EOHHS 2610 . 3 2037 Rental 40 Sanborn Street HUD. 2611 Reading Community Residence No 'FHLBS 6 2014 Rental 173 Main St/505 Summer Ave 2612 Summer/Main 2013 No FHLBB 4 Rental 52 Sanborn Street 2613. Schoolhouse Reading Paae 577 of 822, as new information is obtained and use HCD by individual ment (D ) communities and is subject to change 111612007 and Community Develop ided to the Department of Housing This data is derived from information prov restrictions expire. HDUS1tvG_iNVEN-uI B SUBS1DIZEfl 8 40 QPMENT CH 40 Y DEVEL Subsidizing comp. cy NiT G AND CDMMt1 SiN i SHl Agen Affordability permit? ires FFfLBB TNIENT QF Hp J Total unlts exp No pEPAR • -tYPe 2016.. 3 Rental FHLBB Fteaditig Address Gazebo Cr. 2020 DNCD project Name JD # g01 401,501, 2 Rental pF{LBB Gazebo Circle 2614 Ko 2021 pleasant street 2 Rental " FHLBB pleasant Street 2615 es perp • Wilson Street - 63 OvrnershiP FHLBB Wilson Street Yes • 2616 468 West Street 244 Pere on9wood Estates L Rental HUD No . . - 3730 40-42,70 West street 4 2042. Spence Farm Rental DMR NO Y 3731 158 Hopkins Street •43 NIA idence kins Street Res Rental DMH No 4000 Hop Confidential 4 NIP, Group Homes pMR Rental FHLBB Yes 4432 Confidential perp 2 Group Haynes OM" Ownership Yes FHLBB . 4600 in Street 75 Ma QeB' r Cheney 13 Ownership 3 DNCD YES 4771 Summe e Street org 2054 23 Ge Ownership g DNCD " George street 4772 275 Salem St ~ YES 2103 811 8 Village Maplewood 201- Ownership 2 Housing Unit - 00 Year Round dize , 8,38% 7904 rnor's Drive Census .29 percent subsi Gove 738 7909 Governor's Orive -totals Reading {~eadin9 578 of B22 pace information is obtained and use. c{{o change as new and is.subie NCD} b y individual communities men, (D munity Develop Department of Housing and Com 007 .1!16(2 om infor f ed to the provided tovtd mation r Tills data is derived restrictions expire' COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Registry of Motor Vehicles, 275 Salem Street Precinct 3 Reading Police Station, 15 Union Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Town Hall, 16 Lowell Street Precinct 6 Austin Preparatory School, 101 Willow Street Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 8 Mobil on the Run, 1330 Main Street The date of posting being not less than fourteen (14) days prior to February 26, 2007, the date set for the Special Town Meeting in this Warrant. I also caused. an attested copy of this Warrant to be published in the Reading Chronicle in the issue of Alan W. Ulrich, Constable A true copy. Attest: Cheryl A. Johnson, Town Clerk 1 SPECIAL TOWN MEETING (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road in said Reading, on Monday, February 26, 2007, at seven-thirty o'clock in the evening, at which time and place the following articles are to be acted, upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Conservation Commission, Town Manager and any other Board or Special Committee. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to amend the FY 2007 - FY 2011, Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen ARTICLE 4 To see if the Town will vote to amend one or more of the votes taken under Article 15 of the Warrant of the Annual Town Meeting of April 24, 2006, as amended under Article 5 of the November 13, 2006 Subsequent Town Meeting, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, as the result of any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee 2 1 ARTICLE 5 To see if the Town will vote to amend the Reading Zoning Map to include within the Business B and Mixed Use Zoning Districts a parcel of land shown as parcel number 21 on Reading Assessors' Map 64, which land is situated on the Westerly side of Sanborn Street, in Reading. Or take any other action with respect thereto. Board of Selectmen ARTICLE 6 To see if the Town will vote to amend the Reading Zoning By-laws to establish an Employee Parking Overlay District by (a) adding a new section 2.2.10.1 Employee Off-Site Parking Lot, (b) amending Section 4.2.2. Table of Uses, to add the use of Employee Off-Site Parking Lot, and (c) by adding a new Section 4.11 entitled Employee Parking Overlay District: Definitions: 2.2.10.1 Employee Off-Site Parking Lot: A parking lot situated in an Employee Parking Overlay District that is used exclusively for the parking of non-commercial motor vehicles used by the employees of a business that is located both in a Downtown Business B District (principally traversed by Main and Haven Street) and within 300 feet of that parking lot. 4.2.2. Table of Uses: PRINCIPAL USES RES RES RES BUS BUS BUS IND S-15 A-40 A-80 A B C S-20 S-40 Business and Service Uses Employee Off-Site Parking Lot SPP****** No No No No No No May be permitted in an S-15 District only within an Employee Parking Overlay District (EP District) and only with a special permit under section 4.11 from the CPDC. 4.11. EMPLOYEE PARKING OVERLAY DISTRICT 4.11.1 Purpose: The purpose of this section is to provide a public benefit by mitigating a severe parking shortage in the Downtown Business B District (principally traversed by Main and Haven Street) by providing for off-site parking in an Employee Parking Overlay District (EP District) for employees of businesses situated in the Downtown Business B District (principally traversed by Main and Haven Street) and to do so in a tightly controlled manner which provides adequate safeguards to minimize the impact of such employee parking on residential property. 9 4.11.2 EP District: Employee Parking Lot Overlay Districts ("EP District") shall take the form of overlay districts covering designated land in the S-15 residential district, but only as are applied to a specific parcel or parcels through a formal and proper amendment to the Reading Zoning Map. For any land within an EP District, an owner may choose to conform either to the zoning regulations which govern the underlying district or to the EP District overlay regulations and procedures set forth by this Section, whose specific provisions shall supersede all other provisions in the Zoning By-laws with respect to the underlying district including, without limitation, use, intensity, dimensional and parking; however, the provisions of any other overlay district shall continue to apply. 4.11.3 Employee Parking Overlay Districts shall be overlaid only on designated portions of the S-15 residential district that both directly abut and are within 100 feet of the Downtown Business B District (principally traversed by Main and Haven Street) and which are specifically placed in the Employee Parking Overlay Districts by the specific action of the Town Meeting. Land that is separated from the Downtown Business B District (principally traversed by Main and Haven Street) boundary by a portion of a street or a railroad right of way shall not be considered to "directly abut" the Downtown Business B District (principally traversed by Main and Haven Street) for the purpose of this provision. No more than 100 parking spaces can be allowed in the EP Overlay District. 4.11.3 Special Permit for Employee Off-Site Parking Lot: The Community Planning and Development Commission (the "CPDC"), as the Special Permit Granting Authority, shall have authority to grant a, Special Permit to establish an Employee Off-Site Parking Lot ("EPL") within an EP District by a vote of at least four members of the five-member CPDC. The CPDC shall evaluate proposed EPL projects and require all such projects to conform to the Employee Off-Site Parking Lot requirements and standards set forth in Sections 4.11.5 to ensure the benefits to the Town of a proposed project outweigh any adverse impacts before granting a special permit. If a lot is used as an Employee Off-Site Parking Lot, no other principal use shall be located on that lot. 4.11.4 Special Permit Application: An owner who wishes to apply for a special permit to establish an EPL shall submit an application to the CPDC. The application shall identify the business whose employees shall use the employee parking lot. The land included in the application may consist of more than one parcel, but all parcels must lie entirely within the EP District. The process shall conform to the requirements of law and Sections 7.3.1, 7.3.3 and 7.3.4. 4.11.5. Conditions, Requirements and Standards: The CPDC may grant a special permit to use a parcel within the EP District for an employee parking lot provided all of the following conditions are met to the satisfaction of the CPDC: a. The land must be void of any buildings both at the time when application is made for the special permit and during such time as the lot is used as an employee parking lot. The employee off-site parking lot must have at least sixty feet of frontage on a public way and vehicular access to that lot must be 4 0 exclusively over that frontage with the driveway opening being within 100 feet of the Downtown Business B District (principally traversed by Main and Haven Street) Boundary. b. The finished employee parking lot shall provide for surface or below ground parking and shall not contain any above ground parking structures. c. The lot must be within 300 feet distance from the business use that it serves. The CPDC shall impose conditions in any special permit to prevent the lot from being used by persons other than the employees of the business identified as the user of the lot without permission from the CPDC and may establish a monitoring system at the expense of the parcel owner to assure compliance. d. The CPDC may limit the number of parking spaces to 35, parking spaces per EPL or may limit the number of parking spaces to a lesser number if the EPL cannot reasonably and safely accommodate more spaces in the judgment of the CPDC. e. Parking on an employee parking lot cannot be used to meet any applicable zoning on-site minimum parking requirements of the business that it serves, but this shall not preclude a business from utilizing the provisions of section 6.1.1.1. if the business otherwise qualifies to use section 6.1.1.1. f. The parking lot shall be used only during the hours when the business that it serves is operating. Additional hours of use to be determined by CPDC during special permit process. g. Any lighting shall be controlled and directed so as not to shine into abutting property and shall be limited as to design and intensity to the satisfaction of the CPDC. Lot lighting will be turned off not later than the earlier of (i) 9:00 p.m. or (ii) when there are no employees working at the business that is using the lot closes. h. The entrance to the employee parking lot shall be gated to assure control as to the use of the lot in a manner satisfactory to the CPDC. i. The parking lot design shall be subject to site plan review by the Community Planning and Development Commission, which process may be held concurrently with the special permit process. j. The CPDC shall impose proper and adequate fencing or vegetative screening from abutting residential property. k. Conditions shall be imposed to assure the ongoing maintenance and cleaning of the lot. 1. Furthermore, the business granted rights for off-street parking must demonstrate active participation in the Town Transit non-profit as part of special permit conditions. 5 9 m. Furthermore, the business granted rights for off-street parking must demonstrate that their employee parking requirements (i.e. total number of spaces allocated to employees by all means in town) be less than 90% of total business employee parking requirements (the total number of spaces if all employees drove to work separately). The CPDC may impose additional conditions and limitations in the special permit that it deems appropriate to accomplish the purposes of this by-law. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 7 To see if the Town will vote to amend the Reading Zoning Map to include within the Employee Parking Overlay District two parcels of land shown as parcels numbered 21 and 21a on Reading Assessors' Map 64, which land is situated on the Westerly side of Sanborn Street, in said Reading and being shown as Lot No. 48 on a plan of land in Reading, Surveyed by Edward Appleton for Rev. Peter Sanborn, dated April 1846. One of said lots is bounded and described as follows: Beginning at the Southeasterly corner thereof on said Sanborn Street, thence the boundary line runs: WESTERLY by land now or formerly of John A. Blunt, One Hundred Thirty- two (132) feet; thence NORTHERLY by land now or formerly of Mitchell, Eighty-two and One-half (82 Y2) feet; thence EASTERLY by land of Dow, One Hundred Thirty-two (132) feet to Sanborn Street; and thence by said Sanborn Street, Eighty-two and One-half (82 '/2) feet to the point of beginning. The other parcel of land is also situated on the westerly side of said Sanborn Street, abuts the first parcel, and is bounded and described as follows: Beginning at an iron pipe on the Westerly side of Sanborn Street, at land now or formerly of Fred G. Fifield; thence the line runs: WESTERLY by land of said Fifield, One Hundred Thirty-four and 8/10 (134.8) feet; thence SOUTHERLY by land of Jacob Mitchell, Ten (10) feet; thence EASTERLY by land now or formerly of Zelia M. Kingman, One Hundred Thirty-four and 14/100 (134.14) feet; thence NORTHERLY by Sanborn Street, Ten (10) feet to the point of beginning. 6 6 Said premises are shown as lot one on a "plan of Lots in Reading, Mass. belonging to Zelia M. Kingman", dated September 1916 by Clarence P. Carter, C.E., which plan is recorded in the Middlesex South District Registry of Deeds at the end of record Book 4988. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 8 To see if the Town will vote to amend the Reading Zoning By-Laws involving Planned Unit Development-Business (PUD-B), as follows. To add language to the end of Section 4.9.7.4.2.c so that it now reads: Parking/Loading. The parking and loading requirements contained in Section 6.1.1.3 shall apply. Parking spaces shall be at least 8.5 by 18 feet, with provision for larger spaces as required by the CPDC to accommodate short term parking, handicapped and larger vehicles. No parking shall be situated between the front of the building and the front lot line in a PUD-B development.- To add language as a new subsection "I" in Section 4.9.5.6.3: 1. Because parking is not allowed in front of the building in a PUD-B development, the CPDC may allow building signage on both the front wall and on the wall of the building facing the parking lot. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 9 To see if the Town will vote to amend the Reading Zoning Map to include within the Planned Unit Development-Business (PUD-B) Overlay District a parcel of land shown as parcel number 14a on Reading Assessors' Map 11, which parcel is shown as Lot One (1) on a plan entitled, "Subdivision of Land in Reading, Mass. For Antonio J. and Alma V. Tambone," Dana F. Perkins and Sons, Inc. Civil Engineers and Surveyors, Reading, Mass. Dated April 11, 1955 and recorded in Middlesex South District Registry of Deeds in Book 8480, Page 359, and is further bounded and described as follows: SOUTHERLY: by South Street as shown on said plan eighty (80) feet; EASTERLY: by Lot 2 as shown on said plan and by land of Antonio J. Tambone and Alma V. Tambone as shown on said plan one hundred and forty-seven and 70/100 (147.70) feet; NORTHERLY: by land of Antonio J. Tambone and.Alma V. Tambone and by land of Ten Hill Plumbing and Heating Co., Inc..as shown on said plan fifty-seven and 13/100 (57.13) feet; and 7 ~S WESTERLY: by land of Edward and Florence E. McIntire as shown on said plan one hundred forty-seven and 00/100 (147.00) feet. Containing 10,000 square feet of land more or less according to said plan. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 10 To see if the Town will vote to amend Zoning By-Laws Sections 4.9.6.2.h and 4.9.6.10 as follows: 4.9.6.2.h To encourage and promote the establishment of those uses permitted in Section 4.9.6.2(b) within portions of a PUD-R district that are within 300 feet of a Town boundary, no two-family dwellings, or multifamily dwellings shall be built pursuant to a PUD-R Special Permit on land that is within 300 feet of a Town boundary for a period of four years after the adoption of the Zoning By-Law placing such land within the PUD-R overlay district. 4.9.6.10 Affordable Housing: The intent of this section is to increase the supply of housing in the Town of Reading that is available to and affordable by low and moderate income households and to encourage a greater diversity of housing accommodations to meet the needs of the Town and to develop and maintain a satisfactory proportion of the Town's housing stock as affordable housing. Any PUD-R development shall provide within the Town of Reading, affordable housing units equal to ten percent of the total residential units in the PUD-R. For property within 300' of the municipal boundary if developed residentially, requisite affordable units shall be equal to twenty percent of the total residential units in this area. When the percentage calculation does not result in a whole number it shall be rounded to the nearest whole number. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 11 To see if the Town will vote to amend Article 3 of the General Bylaws, Town Offices and Officers, Section 3.4 Finance Committee, by inserting at the end of Section 3.4.6 the following sentence: This provision shall not apply to the appointment of a Finance Committee member to serve as a member of any ad hoc board, commission or committee in the Town of Reading or to any board, commission or committee upon which a member of the Finance Committee shall serve in an ex officio capacity. Or take any other action with respect thereto 8 Board of Selectmen ARTICLE 12 To see if the Town will rescind the entirety of Section 5.10 of General Bylaws of the Town of Reading, and replace it with the following: 5.10 Retail Sales 5.10.1 No retail, commercial operation or place of business shall be open for the transaction of retail business between the hours of 12:01 a.m. and 6:00 a.m. 5.10.2 This Bylaw shall not apply to the retail or commercial operation of facilities operated by innholders and/or common victualers and/or taverns where a license has been duly issued for the operation of the same which otherwise restricts or describes the hours of operation of such facilities. This Bylaw shall not prevent a cinema from concluding the showing of a movie that has commenced prior to 12:01 a.m. 5.10.3 For the purposes of this Bylaw, facilities operated by innholders shall include, but not be limited to: an inn, hotel, motel, lodging house and public lodging house or any other similar establishment for which a license is required under Chapter 140 of the General Laws; the term facilities operated by a common victualler shall include a restaurant and any other similar establishment which provides food at retail for strangers and travelers for which a common victualler's license is required under said Chapter; and the term "tavern" shall include an establishment where alcoholic beverages may be sold with or without food in accordance with the provisions of Chapter 138 of the General Laws. 5.10.4 If the Board of Selectmen determine that it is in the interest of public health, safety and welfare, or that public necessity or convenience would be served, the Board of Selectmen may grant, upon such terms and conditions as it deems appropriate, a license under this bylaw to permit the operation of a retail or commercial establishment between the hours of 12:01 a.m. and 6:00 a.m. or any portion thereof. However, a license shall not be issued unless the Board of Selectmen has made the following specific findings with respect to each license application: (a) That the operation of the retail or commercial establishment during the night- time hours will not cause unreasonable disruption or disturbance to, or otherwise adversely affect, the customary character of any adjacent or nearby residential neighborhood; (b) That the operation of the retail or commercial establishment during the night- time hours is reasonably necessary to serve the public health, safety and welfare; or serve a public need or provide a public convenience which outweighs any increase in any of the following impacts on the adjacent or nearby residential neighborhood (or the character thereof): noise, lighting, vibration, traffic congestion or volume of pedestrian or vehicular retail customer traffic that might create a risk to pedestrian or vehicular safety, or other adverse public safety impact. The Board of Selectmen may adopt rules and regulations to govern the administration of the licensing process and in so doing may impose such terms and conditions upon such license as it may consider appropriate. 9 i~ 5.10.5 The Board of Selectmen shall give public notice of any request whereby a retail or commercial operation or place of business seeks to be open for the transaction of retail business between the hours of 12:01 a.m. and 6:00 a.m. or. any portion thereof and shall hold a public hearing within thirty (30) days of receipt of any such request. 5.10.6 Any person violating any of the provisions of this Bylaw shall be punished by a fine of not more than Three Hundred Dollars ($300.00) for each offense, and in the case of continuing violation, every calendar day upon which such retail, or commercial operation or place of business shall remain open for retail business in violation of this Bylaw shall be considered a separate offense. Or take any other action with respect thereto. Board of Selectmen 10 o and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to February 26, 2007, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 30th day of January, 2007. Ben Tafoya, Chairman James E. Bonazoli, Vice Chairman Stephen A. Goldy, Secretary Camille W. Anthony Richard W. Schubert SELECTMEN OF READING Alan W. Ulrich, Constable 11 9 LATHAM, LATHAM & LAMOND9 P.C. 643 MAIN STREET READING, MASSACHUSETTS 01867-3096 WWW.LLLLAW.COM KENNETH C. LATHAM (1939-1996) 0. BRADLEY LATHAM* JOHN T. LAMOND SHEILAH GRIFFIN-REICHARDT JOSHUA E. LATHAM CHRISTOPHER M. O. LATHAM *ADMITTED TO PRACTICE IN MASSACHUSETTS & NEW HAMPSHIRE Peter Hechenbleikner, Town Manager Reading Town Hall 16 Lowell Street Reading, MA o1867 Re: Employee Parking Overlay District Dear Peter: January 30, 2007 TELEPHONE: (781) 944-0505 FAX: (781) 944-7079 P4 E'3' V C_ .ice w 0 W G w Inasmuch as the zoning article has been revised in a manner that requires that all potential employee parking lots must have actual frontage on the public way, the number of potential lots is decreased dramatically. The lots that would now be eligible are shown in yellow on the attached plan. Of course, as we have repeatedly stated, only one lot would be in the overlay district and no other lots could be placed in that district without a two-thirds vote of Town Meeting. In order to assure that accurate information is provided on the Town's website on this issue, we respectfully request that the on-line map be revised to eliminate areas that would no longer qualify to be eligible for inclusion in the employee parking overlay district. Sincerely, Latham, Latham & Lamond, P.C. 0. raQ y Latham 0 F Legend LANDS ELIGIBLE Zoning District Railroad FOR APPLICATION OF Building I PROPOSED PARKING 0 100 200 400 f Overlay District - Sidewalk OVERLAY DISTRICT FQB` j Parking Overlay Driveway BY TOWN MEETING Map by Tom of Reading 1/9107. Zoning cement es of 11117105. BASED ON PROPOSED BuDding footprints, sidewsitu;, ddrways, Parcels 1 i Parking i perking and roasts from aerial photos Road BYLAW LANGUAGE'-70-07 taken 4f98. Data are for planrdng purposes only. 1 Parcels that front on a public way and meet the other criteria. -L~