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HomeMy WebLinkAbout2005-09-27 Board of Selectmen HandoutTown Manager's Report Tuesday, September 27, 2005 1. The annual Fire Department open house is scheduled for Saturday, October 15, 2005. We have hired a consultant to work with us on the lighting at Jordan's parking lot, to see if there is any viable way of reducing the remaining glare. There have been noticeable improvements at the site, but we hope to make it even better. Jordan's has agreed to work with us on this matter. 3. A retirement party for Director of Facilities John Tiffault will be held at the new RMHS cafeteria on October 11 from 3:30 - 6:00pm. 4. We have hired a consultant to help us on out Health Insurance bidding process, in order to ensure that we receive the most competitive rates available to the Town. Reading is certainly not alone, as health care inflation concerns seem to be back in the news. There has been an outstanding turnout of employees for a wellness program called `HeartVentures', that is being offered free of charge to the Town. About 75 folks have signed up for the program. 6. The BOS tonight is receiving a copy of the Local Water Resources Management Plan. Discussion of this item is scheduled for next Tuesday. Page 1 of 1 Schena, Paula From: LeLacheur, Bob Sent: Tuesday, September 27, 2005 1:43 PM To: Schena, Paula Subject: FW: West Street repairs Same goes for this reply Bob -----Original Message----- From: Ceajean@aol.com [mailto:Ceajean@aol.com] Sent: Tuesday, September 27, 2005 11:05 AM To: LeLacheur, Bob Subject: Re: West Street repairs In a message dated 9/27/2005 10:45:18 A.M. Eastern Standard Time, blelacheur@ci.reading.ma.us writes: Dear Jean, I have received your email to Town Manager Peter Hechenbleikner, who is out of town on business until Thursday. I will sit down with the head of DPW today and get some near-term practical solutions to some of the concerns you raise. As a neighbor of yours (I live on the corner of Lewis & County), I am aware of the dust from the Spence Farms project that seems to be constantly in the neighborhood. My home is more sheltered from the West street work, and I was not aware that these street repairs have added to this situation. After I speak about near-term solutions with the head of DPW today, I will confer with the Town Manager upon his return for some more permanent solutions to this problem. Please feel free to call me if I may be of any further help. Bob LeLacheur Assistant Town Manager/Finance Director (781) 942-6636 Thanks Bob for getting back to me so quickly. I do appreciate it. Jean 9/27/2005 D Page 1 of 1 Schena, Paula From: Camille Anthony [canthony@ftmc.net] Sent: Tuesday, September 27, 2005 12:21 PM To: Ceajean@aol.com; Town Manager; Reading - Selectmen Subject: RE: West Street Projects Jean: I have just responded to another West St. neighbor. The Board will address the situation tonight at our meeting and will get back to you. Thanks for writing us. Camille -----Original Message----- From: Ceajean@aol.com [mailto:Ceajean@aol.com] Sent: Tuesday, September 27, 2005 8:51 AM To: townmanager@ci.reading. ma.us; selectmen @ci. reading. ma. us Subject: West Street Projects Dear Town Manger, I live at 100 West Street, Reading, MA. For the past two plus weeks I have endured enormous amounts of dirt and dust that prevents me from opening up windows on these beautiful Fall days and nights. In fact I have had to run fans in my house constantly which is costing me money. As oil prices rise what I do not need is to strain my pocketbook anymore than I have to. As a matter of fact, I can't even sit out on the back deck nor cook on the grill with the amount of dirt that has now become airborne from as far away as Spence Farm. It is unbelievable that a project(s) that size can get away with NOT watering/cleaning the streets during work hours or at the very least when they have finished for the day. My house, my windows and my car are covered in dirt. I would like to know who is going to take care of this NOW as opposed to NEVER! I think it ironic that we were told we would have free water until our pipes have been hooked up. I would suggest you add on an additional two (2) weeks of free water after this project is,done so that we may clean our houses/decks/cars. I would appreciate a rapid response so I can discuss this further with my neighbors. Thank you for your anticipated cooperation. Jean D. Cignetti ceaiean an.aol.com m 9/27/2005 Schena, Paula From: LeLacheur, Bob Sent: Tuesday, September 27, 2005 1:43 PM To: Schena, Paula Subject: FW: West Street repairs Paula, below is my reply & a further resident comment (in reverse order) Bob -----Original Message----- From: Michael Kelly [mailto:mrkelly@bbn.com] Sent: Tuesday, September 27, 2005 11:05 AM To: LeLacheur, Bob Subject: Re: West Street repairs Bob, Thank you for the quick response. Your attention to this matter is greatly appreciated% Thanks, Mike At 10:50 AM 9/27/2005, you wrote: >Dear Michael, >I have received your email to Town Manager Peter Hechenbleikner, who is >out of town on business until Thursday. I have also just now received a >similar email from one of your neighbors. My response that follows is >one that I also shared with your neighbor: >I will sit down with the head of DPW today and get some near-term >practical solutions to some of the concerns you raise. As a neighbor of >yours (I live on the corner of Lewis & County), I am aware of the dust >from the Spence Farms project that seems to be constantly in the >neighborhood. My home is more sheltered from the West street work, and >I was not aware that these street repairs have added to this situation. >After I speak about near-term solutions with the head of DPW today, I >will confer with the Town Manager upon his return for some more >permanent solutions to this problem. Please feel free to call me if I >may be of any further help. >Bob LeLacheur >Assistant Town Manager/Finance Director >(781) 942-6636 1 D Page 1 of 1 Schena, Paula From: Camille Anthony [canthony@ftmc.net] Sent: Tuesday, September 27, 2005 12:19 PM To: 'Michael Kelly'; Town Manager; Reading - Selectmen Subject: RE: Water main project on West Street Michael: Believe me, the Board does not want these conditions to occur. We knew there would be definite disruption when the project began, but the Town always tries to minimize the impact to home owners. We will definitely speak with the DPW to see what can be done to alleviate the situation now and in future projects. Thank you. Camille Anthony, Board of Selectmen -----Original Message----- From: Michael Kelly [mailto:mrkeliy@bbn.com] Sent: Tuesday, September 27, 2005 9:27 AM To: townmanager@ci.reading. ma.us; selectmen@ci.reading.ma.us Subject: Water main project on West Street To Whom it May Concern: I'd like to express my absolute displeasure with the Town of Reading and how this water main project is being handled. I live at 96 West Street and the conditions around the neighborhood have been completely unacceptable for the past week. Let me explain further: there is a continuous cloud of dirt that has been floating around since last Wed (my house, yard, cars etc are absolutely filthy), and we can't open windows for fresh air (because the dirt will come in the house and make more of a mess). There must be some sort of cleanup effort that could have prevented this from happening. Even with all of the rain last night, my house, yard and cars are still a mess! I hope that this work is done real soon, or somebody takes some action to prevent such a situation from continuing. I know I'm not the only one that feels this way, and I suspect that others in the neighborhood have already expressed the same feelings. The tail end of this project certainly could have been handled much better. Thank You, Michael Kelly 9/27/2005 0 Page 1 of 1 Schena, Paula From: Camille Anthony [canthony@ftmc.net] Sent: Tuesday, September 27, 2005 12:31 PM To: Schena, Paula Subject: FW: Wood End School Paula: Could you call Jim Cornier and get a response to this e-mail for tonight's meeting. Also please forward this to Bob. Thanks, CAmille -----Original Message----- From: Don Garrity [mailto:dpgarrity@comcast.net] Sent: Monday, September 26, 2005 3:11 PM To: canthony@ci.reading.ma.us Subject: Wood End School Good Afternoon Ms. Anthony, It is my understanding that there were to be no parking signs posted on Dividence Rd and Emerson St. Today there was a car parked in a no parking area in front of 49 Dividence right where the sidewalk begins. Which meant that any child wanting to use what very little sidewalk there is would have to go into the street, even farther than usual, and go around the car to have access to the sidewalk. Also the same above mentioned car was traveling quite fast up Dividence Rd. I would think that Dividence Rd and Emerson St would be considered a school zone and have a 20 mph speed limit. Thank you for any attention you can bring to these issues. Contact me if you would like at dpgarrity o)comcast.net. Karen Garrity 0 9/27/2005 TABLE OF CONTENTS SUBSEQUENT TOWN MEETING NOVEMBER 14, 2005 Article Title Sponsor Page # 1 Reports Board of Selectmen 2 Instructions Board of Selectmen 3 Amend Capital Improvements Program Board of Selectmen FY 2006 - FY 2015 4 Approve Payment of Prior Year's Bills Board of Selectmen 5 Amend the FY 2006 Budget Finance Committee 6 Authorize a Rubbish Contract for Board of Selectmen Greater than 3 Years 7 Establish Storm Water Management Board of Selectmen Enterprise Fund 8 Rescind Debt Authorizations Board of Selectmen 9 Debt Authorization for RMHS School Committee 10 Authorize Debt - Water Main Projects Board of Selectmen 11 Transfer Balance of Summer Avenue Board of Selectmen Water Main Project 12 Appropriation of Contributions from Board of Selectmen Developers for Various Projects 13 Sale of Land - Oakland Road Board of Selectmen 14 Land Swap - George Street Board of Selectmen 15 Authorization to Purchase Land on Board of Selectmen Kieran Road 16 General Bylaws Amendment to Section Board of Selectmen 2.2.1, Rules 4 and 8 17 General Bylaws Amendment to Section Rules Committee 2.2.1, Rule 19 re: Robert's Rules of Order 18 General Bylaws Amendment to Section Board of Selectmen 2.1.6, Notice of Town Meetings 19 Zoning By-Laws Section Amendment to Board of Selectmen 4.8.6.2 re: Permitting Underground as a Courtesy Propane Storage in Aquifer Protection District /011 1 Article Title Sponsor Page # 20 Zoning By-Laws Amendment to Allow for CPDC Mixed Uses in the Business B Zoning District 21 Rezone Sanborn Street to Commercial CPDC 22 Amend Section 4-4 of the Charter to Petition Change to a 5 Member Zoning Board of Appeals APPENDIX Conduct of Town Meeting 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 November 14, 2005, the date set for the Subsequent 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 Thomas H. Freeman, Constable A true copy. Attest: Cheryl A. Johnson, Town Clerk r~ SUBSEQUENT 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, November 14, 2005, 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 2006 - FY 2015, 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 authorize the payment during Fiscal Year 2006 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen ARTICLE 5 To see if the Town will vote to amend one or more of the votes taken under Article 15 of the April 25, 2005 Annual Town Meeting relating to the Fiscal Year 2006 Municipal Budget, and see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate 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 (LI ARTICLE 6 To see if the Town will vote, pursuant to Mass. General Laws Chapter 30B, Section 12, to authorize the Town Manager to enter into a contract, including all extensions, renewals and options, for the collection of rubbish and recyclables for a period greater than three years but not exceeding 20 years upon such terms and conditions determined by the Town Manager, or take any other action with respect thereto. Board of Selectmen ARTICLE 7 To see if the Town will vote to accept the provisions of Chapter 44, Section 53FY2 of the Massachusetts General Laws establishing the Town's Storm Water Utility as an Enterprise Fund effective Fiscal Year 2007, or take any other action with respect thereto. Board of Selectmen ARTICLE 8 To see if the Town will vote to rescind authorized but unused debt for the sewer system as authorized by Article 12 of the May 3, 2004 Annual Town Meeting, or take any other action with respect thereto. Board of Selectmen ARTICLE 9 To see if the Town will vote to amend the vote taken under Article 5 of the January 13, 2003 Special Town Meeting to appropriate by borrowing, or transfer from available funds, or otherwise, for the purpose of making extraordinary repairs and/or additions to the Reading Memorial High School at 62 Oakland Road, including the costs of engineering and architectural fees, plans, documents, cost estimates, and related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the School Committee; and to see if the Town will vote to authorize the School Building Committee, the School Committee, or any other agency of the Town to file applications for a grant or grants to be used to defray the cost of all or any part of the cost of the project; and to see if the Town will vote to authorize the School Committee to enter into all contracts and agreements as may be necessary to carry out the purposes of this Article; provided however that any borrowing authorized by this Article and any appropriation subject to this Article shall be contingent upon the passage of a debt exclusion referendum question under General Laws Chapter 59, s 21c within 90 days of the close of this Special Town Meeting, or take any other action with respect thereto. School Committee ARTICLE 10 To see what sum the Town will vote to appropriate by borrowing, or transfer from available funds, or otherwise, pursuant to Chapter 44 Section 8 (5) and (6) of the Massachusetts General Laws for the purpose of constructing and reconstructing water mains, including the cost of engineering services, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and to see if the Town will authorize the Board of Selectmen, the Town Manager, or any other agency of the Town to apply for a grant or grants, to be used to defray the cost of all, or any part of, said water system improvements; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. Board of Selectmen V ARTICLE 11 To see if the Town will vote, pursuant to Chapter 44, Section 20 of the Massachusetts General Laws, to appropriate the balance of $3422.74 remaining on the completed Summer Avenue water main reconstruction project, authorized by vote under Article 11 of the Warrant for the Annual Town Meeting of April 22, 2002, as an addition to the sum authorized by vote under Article 13 of the Warrant for the Subsequent Town Meeting of November 10, 2003, for the purpose of constructing a replacement 20 inch diameter water main extending from Bancroft Avenue at the intersection of Hartshorn Street, northerly to approximately the intersection of Forest Street and Colburn Road, or take any other action with respect thereto. Board of Selectmen ARTICLE 12 To see if the Town will vote to appropriate contributions from all or any one of the following or other developers: ♦ Walkers Brook Crossing ♦ Johnson Farms ♦ Maplewood Village ♦ Archstone Development for purposes including but not limited to street design, road improvements, sidewalk and curb improvements, trail improvements, water and sewer improvements, or any other related improvements as approved by the Town Manager, or take any other action with respect thereto. Board of Selectmen ARTICLE 13 To see if the Town will vote to, transfer the care, custody, and control to the Board of Selectmen any and all of the following parcels of land which are in the care, custody, and control of the School Department and/or the Board of Selectmen; and to see if the Town will vote to authorize the Board of Selectmen to sell, exchange or dispose of, upon such terms and conditions as they may determine, all or any part of the following described parcels of land on Oakland Road, and to discontinue any and all public and/or private ways as the Board of Selectmen deem necessary abutting such parcels of land: Map 123, Parcels: 16-32, 34, 48-54, 58-62, 139 or take any other action with respect thereto. Board of Selectmen ARTICLE 14 To see if the Town will authorize the Board of Selectmen to transfer lands of the Town including portions of George Street in excess of a 40' wide right of way to an abutting property owner or owners; and to see if the Town will authorize the Board of Selectmen to accept from an abutting property owner or. owners, portions of private property to establish a right of way of George Street of not less than 40', both actions under such terms and conditions as the Board of Selectmen may determine, or take any other action with respect thereto, Board of Selectmen 03) Nftworl ARTICLE 15 To see if the Town will vote to authorize the Board of Selectman to acquire by purchase, eminent domain, gift or otherwise, a parcel of land containing approximately 10.4 acres located on Kieran Road shown as Lot 2 on Board of Assessor's Map 205 currently believed to be owned by Hillcrest Realty, Inc., said land to be used for open space, water supply, and for conservation purposes in accordance with the provisions of Mass. General Laws, Chapter 40, Section 8C, to be under the care, management and control of the Town of Reading Conservation Commission and further to be dedicated in perpetuity to purposes stated in Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts including the protection of water resources and shall be fully protected by all provisions of Article 97 and shall be open to the general public for appropriate outdoor/recreational use consistent with 310 CMR 22.00; and to authorize the Board of Selectmen to enter into any and all agreements upon terms and conditions as they may determine to be necessary to carry out the acquisition of such parcel and the purposes of this Article; and to see if the Town Will authorize the Board of Selectmen, Town Manager and/or the Conservation Commission to apply for a grant or grants, to be used to defray the cost of all, or any part of the purchase price for such parcel of land, or take any other action with respect thereto. Board of Selectmen ARTICLE 16 To see if the Town will vote to amend Article 2.2.1, Rules 4 and 8 of the Town of Reading General Bylaws as follows: Rule 4. The following words shall be inserted after the word "Charter," "petitions for a special act or local acceptance by Town Meeting of a state statute" so it shall read as follows: Rule 4. Prior to a debate on each Article in a Warrant involving changes in the Bylaw or Charter, petitions for a special act or local acceptance by Town Meeting of a state statute, the Bylaw Committee shall advise the Town Meeting as to its recommendations and reasons therefore. Rule 8. Substitute the phrase "Non-Town Meeting Member" for "inhabitant" in the text and insert a new sentence after the first sentence as follows: "A proponent of an article may speak only on such article after first having identified himself to the Moderator and obtaining permission of Town Meeting to speak." As amended, Rule 8 shall read as follows: Rule 8. Any Non-Town Meeting Member may speak at a Town Meeting having first identified himself to the Moderator as an inhabitant of the Town. A proponent of an article may speak only on such article after first identifying himself to the Moderator and obtaining permission of Town Meeting to speak. No Non-Town Meeting Member shall speak on any question more than five (5) minutes without first obtaining the permission of the Meeting. Non-Town Meeting Members shall be given the privilege of speaking at Town Meetings only after all Town Meeting Members who desire to speak upon the question under consideration have first been given an opportunity to do so. Or take any other action with respect thereto. Board of Selectmen I~ ARTICLE 17 To see if the Town will vote to amend Rule 19, Section 2.2.1 of the Town of Reading General Bylaws by deleting the words "Robert's Rules of Order Revised, so far as they may be adapted to Town Meeting" and replace them with the words "Town Meeting Time Third Edition" except that to lay on the table shall only require a majority vote, so that Rule 19 will read as follows: "Rule 19. The duties of the Moderator and the conduct and method of proceeding at all Town Meetings, not prescribed by law or by rules set forth in this Article, shall be determined by rules of practice set forth in Town Meetina Time Third Edition except that to lay on the table shall only require a majority vote." Or take any other action with respect thereto. Rules Committee ARTICLE 18 To see if the Town will vote to amend Article 2, Section 2.1.6 of the Town of Reading General Bylaws by substituting the word "providing" for the word "'mailing" in the last line so it shall read as follows: 2.1.6 The Board of Selectmen shall give notice of the Annual, Subsequent or any Special Town Meeting at least fourteen (14) days prior to the time of holding said Meeting by causing an attested copy of the Warrant calling the same to be posted in one (1) or more public places in each precinct of the Town, and either causing such attested copy to be published in a local newspaper or providing an attested copy of said Warrant to each Town Meeting Member. Or take any other action with respect thereto. Board of Selectmen ARTICLE 19 To see if the Town will vote to amend Sections 4.8.6.2.4.6 and 4.8.6.2.4.14 of the Zoning By-Laws to add the bold language as noted below: 4.8.6.2 Prohibited Uses: 4.8.6.2.4.6. storage of Toxic or Hazardous Materials as defined in Section 4.8.3 and liquid petroleum products, with the exception of liquid propane products for normal household use, allowed and used in accordance with all local, state and federal laws and regulations; unless such storage is (remainder of section is the same). 4.8.6.2.4.14. underground storage tanks containing Toxic and Hazardous Materials as defined in Section 4.8.3 related to activities in Section 4.8.6.1 except for liquid propane products for normal household use allowed and used in accordance with all local, state and federal laws and regulations. Board of Selectmen ARTICLE 20 To see if the Town will vote to add a mixed use overlay district to the Zoning By-Laws and Zoning Map. Definitions: The addition of the following definition: 9) 2.2.21.2. Mixed Use: The combining of retail/commercial and/or service uses with residential or office use in the same building or on the same site. 4.2.2. Table of Uses: Under PRINCIPAL USES - Other Uses, the inclusion of the Mixed Use District as follows: RES RES RES BUS BUS BUS IND S-15 A-40 A-80 A B C S-20 S-40 Mixed Use No No No No SPP No No 4.6 Mixed Use Overlay District 4.6.1 Purpose Mixed Use allows by Special Permit from the CPDC an alternative pattern of land development to the pattern normally permitted in the underlying District. It is intended to create mixed commercial,' residential, and open space areas consistent with the character and identity of the Town and in conformance with the objectives of the 2005 Master Plan. 4.6.2 Authority The CPDC shall be the Special Permit Granting Authority for Mixed Use developments. The CPDC may vary the dimensional and parking requirements of Section 4.6 if it determines such change will result in an improved design of the development. This authority continues subsequent to occupancy. 4.6.3 Permitted Uses Only the following types of uses shall be permitted in Mixed Use developments. These uses may be commingled into a single structure or structures or may be located in separate structures on the site. Residential Multifamily Dwellings Apartments Condominiums Retail Retail Store Restaurant Municipal Uses Utilities Post Office Commercial /Office Business and Professional Office Research Facility Personal Service Shop (Example, Private Recreation Garages Travel agency, Lawyer, Beauty Salon, Bank) 5) No less than 20% of the total number of residential units shall be affordable to households at or below 80% of the median household income for the Boston Metro- politan Area as determined by the most recent calculation of the United States Department of Housing and Urban Development. If 20% of the total residential units are affordable, the FAR shall be no greater than 0.8; at 25% affordable the FAR shall be no greater than 1.0. The following Table shall be used as the basis to determine the affordable unit requirement: Up to 0.8 FAR Total Units and/or Contribution 1. $48,000 or 1 unit 2. $96,000 or 1 unit 3. $144,000 or 1 unit 4. $192,000 or 1 unit 5. 1 unit 6. 1 unit plus $48,000 or 2 units 7. 1 unit plus $96,000 or 2 units Greater than 0.8 FAR but less than 1.0 FAR Total Units and/or Contribution 1. $60,000 2. $120,000 3. $180,000 4. 1 unit 5. 1 unit plus $60,000, or 2 units 6. 1 unit plus $120,000, or 2 units 7. 1 unit plus $180,000, or 2 units Contributions would go to the Affordable Housing Trust Fund. The affordable units must be subject to Use Restrictions to ensure that the units remain available in perpetuity, exclusively to persons with qualifying incomes. The units must be sold or rented on a fair and open basis and the Applicant shall provide for CPDC approval an affirmative fair marketing plan for the affordable units. The minimum square footage of living area for any of the residential units within the Mixed Use Overlay District shall be no less that 550 square feet and the maximum area shall not exceed 1000 square feet. The average size shall be 750 square feet (plus or minus 25 square feet). Residential Units shall be developed under the Local Initiative Program of the Massachusetts Department of Housing and Community Development or another subsidy program that allows the housing to count towards the affordable housing requirements of Chapter 40B of the Massachusetts General Law. 4.6.4 Parking Facility Section 4.6.10 of this by-law applies with respect to the CPDC's consideration of the grant of a Special Permit for the Mixed Use Overlay development. 4.6.5 Dimensional Requirements The dimensional requirements below shall apply. I7 4.6.5.1 Minimum Contiguous Area of the Mixed Use Development Minimum contiguous lot area of the Mixed-Use development shall be 10,000 square feet. The site of any new principal structure shall conform to Section 5.2.1 of the Zoning By-Laws. 4.6.5.2 Minimum Lot Frontage Minimum lot frontage shall be 40 feet. 4.6.5.3 Maximum Front Yard The maximum front yard shall be 20 feet, and there is no minimum front yard. 4.6.5.4 Minimum Rear Yard Minimum rear yard shall be 15 feet and there is no minimum side yard. There shall also be at least 15 feet separation between any 2 structures in the development on the same lot and the areas behind and between all structures shall be clear and accessible to the Town's fire suppression vehicles. 4.6.5.5 Maximum Height Maximum height shall be 42 feet. 4.6.5.6 Maximum Lot Coverage Maximum lot coverage shall be 40% percent. 4.6.5.7 Minimum Landscaping Minimum landscaping shall be 25%, and shall meet the requirements of Section 6.2.12 of these by-laws. 4.6.5.8 Maximum Floor Area Maximum floor area ratio shall be 0.8, except as otherwise provided in Section 4.6.3. 4.6.6 Mixed Use Developments The mixture, of uses shall not be constrained in any way, however, residential units are prohibited from the front of the 1 s` floor and parking garages are prohibited from the front of the lot. In all Mixed Use developments adequate off-street parking shall be provided. The CPDC and the Applicant shall have as a goal for the purposes of defining adequate off- street parking making the most efficient use of the parking facilities to be provided and minimizing the area of land to be paved for this purpose. In implementing this goal the CPDC may consider complementary or shared use of parking areas by activities having different peak demand times, and the Applicant may be required to locate adjacent uses in such a manner as will facilitate the complementary use of such parking areas. Implementation of such complementary use of parking areas may result in the CPDC reducing and/or waiving parking requirements. 4.6.6.1 Parking Locations Parking may be provided at ground level, underground or in a parking garage. Parking garages can be free standing or as part of buildings dedicated to other permitted uses. .S 9 Parking spaces must be assigned to specific uses (including shared uses) at the time of the submission of the Final Plan. 4.6.6.2 Parking at Buildings Parking shall be primarily located at the rear or at the side of buildings. 4.6.6.3 Curb Cuts One curb cut providing access to the development from any public way may be required. Additional curb cuts may be required as deemed necessary by the permitting authority. A development having frontage on 2 or more streets may be permitted additional curb cuts if deemed necessary by the CPDC. Whenever possible there shall be shared curb cuts with adjacent developments. 4.6.6.4 Parking Requirements are: Residential 550-700 sq. ft.= 1 space per unit 701-1000 sq. ft.= 2 spaces per unit Commercial/Office 3.5 spaces per 1,000 sq. ft. Retail 1.5 spaces per 1,000 sq. ft. Garages TBD Municipal Uses Exempt 4.6.6.5 Granting of Relief from Parking Regulations In those instances where the Applicant has made a concerted effort to provide all the required number of parking spaces, the CPDC may require an impact fee for each parking space not provided. The money may be used for short or long term parking solutions for the Town. 4.6.7 Application Any person who desires a Special Permit for a Mixed Use development shall submit 14 copies of the application in such form as the CPDC may require which shall include the following: 4.6.7.1 Development Statement A Development Statement shall consist of a petition, a list of the parties in interest with respect to the tract, a list of the development team and a written statement describing the major aspects of the proposed development. 4.6.7.2 Development Plans Development plans bearing the seal of a Massachusetts Registered Architect, Registered Civil Engineer or similar professional as appropriate and consisting of: (a) Site plans and specifications showing all site improvements and meeting the requirements set forth for a Site Plan under Section 4.3.3. 10 a (b) Site perspective, sections, elevations 1/8 inch = 1 foot. (c) Detailed plans for disposal of sanitary sewage and surface drainage and (d) Detailed plans for landscaping. 4.6.7.3 Additional information as the CPDC may determine. 4.6.8 CPDC Board Findings A Special Permit shall be issued under this Section if the CPDC finds that the development is in harmony with the purpose, and intent of this Section and that it contains a compatible mix of uses sufficiently advantageous to the Town to render it appropriate to depart from the requirements of the by-law otherwise applicable to the District in which the development is located. 4.6.9 Amendments After approval, the developer may seek amendments to the approved plan. Minor amendments may be made by a majority vote of the CPDC without a public hearing. The CPDC shall make a finding whether a requested amendment is deemed to be major or minor. A major amendment shall require the filing of an amended Special Permit application and public hearing. 4.6.10 Existing Structures 4.6.10.1 Change in Use A Special Permit may be granted to legally existing nonconforming structures, as of the date of the passage of this by-law, applying for a change of use in the Mixed Use Overlay District provided that parking for the existing and new uses meets the requirements of Section 4.6.6.4 unless waived by CPDC. 4.6.10.2 Additions A Special Permit may be granted to legally existing nonconforming structures, as of the date of the passage of this by-law, applying for a change of use and an addition to the structure provided that the footprint of the building structure remains unchanged or does not exceed 40% lot coverage, whichever is greater, and the FAR of 0.8 is not exceeded. Community Planning and Development Commission ARTICLE 21 To see if the Town will vote to amend the Zoning Map of the Town of Reading by placing the following properties into the Business B Zoning District: Plat 64, Parcels: 21, 21 a, 22, 23, 24 or take any other action with respect thereto. Community Planning and Development Commission o ARTICLE 22 To see if the Town will vote to approve an amendment to the Reading Home Rule Charter to amend Section 4-4 to increase the membership on the Zoning Board of Appeals from 3 regular members and 3 associate members, to 5 regular members and 2 associate members, so that Section 4-4 of the Reading Home Rule Charter will read as follows: Section 4-4: Board of Appeals There shall be a Board of Appeals consisting of 5 members and 2 associate members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Board of Appeals shall have the powers and duties of Zoning Boards of Appeal under the Constitution and General Laws of the Commonwealth and such additional powers and duties as may be authorized by the Charter, by bylaw, or by Town Meeting vote. Or take any other action with respect thereto. By Petition 12 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 November 14, 2005, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town, or by mailing an attested copy of said Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of holding said meeting. 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 27th day of September, 2005. Camille W. Anthony, Chairman Richard W. Schubert, Vice Chairman Joseph G. Duffy, Secretary James E. Bonazoli Ben Tafoya SELECTMEN OF READING Thomas H. Freeman, Constable . 13 Town of Reading 16 Lowell Street Reading, MA 01867-2683 Phone: 781-942-9012 Fax: 781-942-9071 Email: creilly@d.reacling.ma.us Community Planning and Development Commission DECISION RE: Zoning By-Laws and Map Amendments to Establish a Mixed Use Overlay District, Expand the Downtown Business B Zone and Amend the Aquifer Protection District By-Law To the Town Cleric: This is to certify at a meeting of the Community Planning and Development Commission on Monday, September 26, 2005, by a motion duly made and seconded, it was voted unanimously (4-0):' "We, the Reading Community Planning and Development Commission, under the provisions of Massachusetts General Laws Chapter 40A, Section 5, to consider zoning by-law and map amendments for inclusion in the Warrant for Subsequent Town Meeting in November 2005, do hereby vote; to commence the zoning enactment process- for the textual and map amendments below by a forward of the foregoing language and map amendments to Town Meeting. As per the MGL reference, the CPDC held a Public Hearing on September 26, 2005, advertised the hearing for two consecutive weeks on September 12, 2005 and September 19, 2005 in the Reading Chronicle prior to the date of the hearing, notified Town Meeting members and subject abutters, if appropriate, within the specified time period and subsequently forwarded final language to the By-Law Committee and the Town Meeting members." The Reading Zoning By-Laws Shall be Amended as Follows: DEFINITIONS: The addition of the following defir tion: 2.2.21.2. Mixed Use: The combining of retail/ commercial and/or service uses with residential or office use in the same building or on the same site. C\My Documents\CPDC\Ads and Decisions\Decision to Town Meeflng-Fall 05.doc Decision - Zoning Amendments to the By-Laws Text and Map- 2005 Subsequent Town Meeting Reading Community Planning and Development Commission 4.2.2. Table of Uses: Under PRINCIPAL USES-Other Uses, the inclusion of the Mixed Use District as follows: RES RES RES 13US BUS BUS IND S-15 A-40 A-80 A B C S-20 S-40 Mixed Use No No No No SPP No No 4.6 MIXED USE OVERLAY DISTRICT 4.6.1 Purpose Mixed Use allows by Special Permit from the CPDC an alternative pattern of land development to the pattern normally permitted in the underlying District. It is intended to create mixed commercial, residential, and open space areas consistent with the character and identity of the Town and in conformance with the objectives of the 2005 Master Plan. 4.6.2 Authority The CPDC shall be the Special Permit Granting Authority for Mixed Use developments. The CPDC may vary the dimensional and parking requirements of Section 4.6 if it determines such change will result in an improved design of the development. This authority continues subsequent to occupancy. 4.6.3 Permitted Uses Only the following types of uses shall be permitted in Mixed Use developments. These uses may be commingled into a single structure or structures or may be located in separate structures on the site. Residential Multifamily Dwellings Apartments Condominiums Retail Retail Store Page 2 of 10 Decision - Zoning Amendments to the By-Laws Text and Map- 2005 Subsequent Town Meeting Reading Community Planning and Development Commission Restaurant Municipal Uses Utilities Post Office Commercial /Office Business and Professional Office Research Facility Personal Service Shop (Example, Travel agency, Lawyer, Beauty Salon, Bank) Private Recreation Garages No less than 20% of the total number of residential units shall be affordable to households at or below 80% of the median household income for the Boston Metropolitan Area as determined by the most recent calculation of the United States Department of Housing and Urban Development. If 20% of the total residential units are affordable, the FAR shall be no greater than 0.8; at 25% affordable the FAR shall be no greater than 1.0. The following Table shall be used as the basis to determine the affordable unit requirement: Up to 0.8 FAR Total units and/or Contribution 1. $48,000 or 1 unit 2. $96,000 or 1 unit 3. $144,000 or 1 unit 4. $192,000 or 1 unit 5. 1 unit 6. 1 unit plus $48,000 or '2 units 7. 1 unit plus $96,000 or 2 units Greater Than 0.8 FAR But Less Than 1.0 FAR Total units and/or Contribution 1. $60,000 2. $120,000 3. $180,000 4. 1 unit 5. 1 unit plus $60,000, or 2 units 6. 1 unit plus $120,000, or 2 units 7. 1 unit plus $180,000, or 2 units Page 3 of 10 VIP Decision - Zoning Amendments to the By-Laws Text and Map- 2005 Subsequent Town Meeting Reading Community Planning and Development Commission Contributions would go to the Affordable Housing Trust Fund. The affordable units must be subject to Use Restrictions to ensure that the units remain available in perpetuity, exclusively to persons with qualifying incomes. The units must be sold or rented on a fair and open basis and the Applicant shall provide for CPDC approval an affirmative fair marketing plan for the affordable units. The minimum square footage of living area for any of the residential units within the Mixed Use Overlay District shall be no less that 550 square feet and the maximum area shall not exceed 1000 square feet. The average size shall be 750 square feet (plus or minus 25 square feet): Residential Units shall be developed under the Local Initiative Program of the Massachusetts Department of Housing and Community Development or another subsidy program that allows the housing to count towards the affordable housing requirements of Chapter 40B of the Massachusetts General Law. 4.6.4 Parking Facility Section 4.6. 10 of this By Law applies with respect to the CPDC's consideration of the grant of a Special Permit for the Mixed Use Overlay development. 4.6.5 Dimensional Requirements The dimensional requirements below shall apply. 4.6.5.1 Minimum Contiguous Area of the Mixed Use Development Minimum contiguous lot area of the Mixed-Use development shall be 10,000 square feet. The site of any new principal structure shall conform to Section 5.2.1 of the Zoning By-Laws. 4.6.5.2 Minimum Lot Frontage Minimum lot frontage shall be 40 feet. Page 4 of 10 0 Decision -Zoning Amendments to the By-Laws Text and Map- 2005 SubsequentTozvn Meeting Reading Community Planning and Development Commission 4.6.5.3 Maximum Front Yard The maximum front yard shall be 20 feet, and there is no minimum front yard. 4.6.5.4 Minimum Rear Yard Minimum rear yard shall be 15 feet and there is no minimum side yard. There shall also be at least 15 feet separation between any 2 structures in the development on the same lot and the areas behind and between all structures shall be clear and accessible to the Town's fire suppression vehicles. 4.6.5.5 Maximum Height Maximum height shall be 42 feet. 4.6.5.6 Maximum Lot Coverage Maximum lot coverage shall be 40% percent. 4.6.5.7 Minimum Landscaping Minimum landscaping shall be 25%, and shall meet the requirements of Section 6.2.12 of these bylaws. 4.6.5.8 Maximum Floor Area Maximum floor area ratio shall be 0.8, except as otherwise provided in Section 4.6.3. 4.6.6 Mixed Use Developments The mixture of uses shall not be constrained in any way, however, residential units are prohibited from the front of the 1st floor and parking garages are prohibited from the front of the lot. In all Mixed Use developments adequate off-street parking shall be provided. The CPDC and the Applicant shall have as a goal for the purposes of defining adequate off-street parking, making the most efficient use of the parking facilities to Page 5 of 10 Decision - Zoning Amendments to the By-Laws Text and Map- 2005 Subsequent Town Meeting Reading Community Planning and Development Commission be provided and minimizing the area of land to be paved for this purpose. In implementing this goal the CPDC may consider complementary or shared use of parking areas by activities having different peak demand times, and the Applicant may be required to locate adjacent uses in such a manner as will facilitate the complementary use of such parking areas. Implementation of such complementary use of parking areas may result in the CPDC reducing and/or waiving parking requirements. 4.6.6.1 Parking Locations Parking may be provided at ground level, underground or in a parking garage. Parking garages can be free standing or as part of buildings dedicated to other permitted uses.. Parking spaces must be assigned to specific uses (including shared uses) at the time of the submission of the Final Plan. 4.6.6.2 Parking at Buildings Parking shall be primarily located at the rear or at the side of buildings. 4.6.6.3 Curb Cuts One curb cut providing access to the development from any public way may be required. Additional curb cuts may be required as deemed necessary by the permitting authority. A development having frontage on 2 or more streets may be permitted additional curb cuts if deemed necessary by the CPDC. Whenever possible there shall be shared curb cuts with adjacent developments. 4.6.6.4 Parking Requirements Are: Residential 550-700 sq. ft.= 1 space per unit 701-1000 sq. ft.=2 spaces per unit Z~ Page 6 of 10 Decision - Zoning Amendments to the By-Laws Text and Map- 2005 Subsequent Town Meeting Reading Community Planning and Development Commission Commercial/Office 3.5 spaces per 1,000 sq. ft. Retail 1.5 spaces per 1,000 sq. ft. Garages TBD Municipal Uses Exempt 4.6.6.5 Granting of Relief from Parking Regulations In those instances where the Applicant has made a concerted effort to provide all the required number of parking spaces, the CPDC may require an impact fee for each parking space not provided. The money may be used for short or long term parking solutions for the Town. 4.6.7 Application Any person who desires a Special Permit for a Mixed Use development shall submit 14 copies of the application in such form as the CPDC may require which shall include the following: 4.6.7.1 Development Statement A Development Statement shall consist of a petition, a list of the parties in interest with respect to the tract, a list of the development team and a written statement describing the major aspects of the proposed development. 4.6.7.2 Development Plans Development plans bearing the seal of a Massachusetts Registered Architect, Registered Civil Engineer or similar professional as appropriate and consisting of: (a) Site plans and specifications showing all site improvements and meeting the requirements set forth for a Site Plan under Section 4.3.3. 3° Page 7 of 10 Decision - Zoning Amendments to the By-Laws Text and Map- 2005 Subsequent Town Meeting Reading Communitlj Planning and Development Commission (b) Site perspective, sections, elevations 1/8 inch = 1 foot. (c) Detailed plans for disposal of sanitary sewage and surface drainage; and (d) Detailed plans for landscaping. 4.6.7.3 Additional information as the CPDC may determine. 4.6.8 CPDC Board Findings A special permit shall be issued under this Section if the CPDC finds that the development is in harmony with the purpose, and intent of this Section and that it contains a compatible mix of uses sufficiently advantageous to the Town to render it appropriate to depart from the requirements of the bylaw otherwise applicable to the District in which the development is located. 4.6.9 Amendments After approval, the developer may seek amendments to the approved plan. Minor amendments may be made by a majority vote of the CPDC without a public hearing. The CPDC shall make a finding whether a requested amendment is deemed to be major or minor. A major amendment shall require the filing of an amended special permit application and public hearing. 4.6.10 Existing Structures 4.6.10.1 Change in Use A special permit may be granted to legally existing nonconforming structures, as of the date of the passage of this By-Law, applying for a change of use in the Mixed Use Overlay District provided that parking for the existing and new uses ' meets the requirements of Section 4.6.8.4 unless waived by CPDC. 4.6.10.2 Additions Page 8 of 10 Decision - Zoning Amendments to the By-Laws Text and Map- 2005 Subsequent Town Meeting Reading Community Planning and Development Commission A special permit may be granted to legally existing nonconforming structures, as of the date of the passage of this By-Law, applying for a change of use and an addition to the structure provided that the footprint of the building structure remains unchanged or does not exceed 40% lot coverage, whichever is greater, and the FAR of 0.8 is not exceeded. 4.8 AQUIFER PROTECTION DISTRICT Sections 4.8.6.2.4.6 and 4.8.6.2.4.14 will be revised as follows: 4.8.6.2 Prohibited Uses: 4.8.6.2.4.6. storage of Toxic or Hazardous Materials as defined in Section 4.8.3 and liquid petroleum products, with the exception of liquid propane products for normal household use, allowed and used in accordance with all local, state and federal laws and regulations; unless such storage is (remainder of section is the same) 4.8.6.2.4.14. underground storage tanks containing Toxic and Hazardous Materials as defined in Section 4.8.3 related to activities in Section 4.8.6.1 except for liquid propane products for normal household use allowed and used in accordance with all local, state and federal laws and regulations. QY Page 9 of 10 Decision - Zoning Amendments to the By-Laws Text and Map- 2005 Subsequent Town Meeting Reading Community Planning and Development Commission Amend the Town of Reading Zoning Map as follows: Designate a "Mixed Use Overlay District" upon the entirety of the downtown Business B Zoning District as amended by the 2005 Subsequent Town Meeting 2005 and principally traversed by Main and Haven Streets. Place the following properties into the Business B Zoning District: Plat 64 - Parcels 21; 21a; 22; 23; 24 Signed as to the accuracy of the vote: Chris Reilly, Town Planner 33 Page 10 of 10 Page 1 of 2 Schena, Paula From: Cormier, Jim Sent: Tuesday, September 27, 2005 4:45 PM To: Schena, Paula; LeLacheur, Bob Subject: RE: Wood End School Ref: Email to Camille Anthony from Karen Garrity I was out of the office today at a training and just returned or I would have responded sooner. I know there are supposed to be No Parking areas on parts of Dividence Rd., and the DPW was working on getting the appropriate signage erected. There was a delay on signage due to demand, and that signs had been ordered. I have forwarded a copy of this email and response to Safety Officer Murphy who works w/ the DPW on the signage, he will follow up and update everyone on the status of the signs. I will have officers check the area of 49 Dividence for illegal parking tomorrow morning. And we will continue to monitor it. I would ask Karen to please give us a call with her concerns anytime they occur and we will respond immediately and evaluate the situation and take the appropriate enforcement action. Any information she can give us re: a particular vehicle will be followed up on and the area monitored. If there is anything else I can answer for you or help with please don't hesitate to contact me. Chief James W. Cormier Reading Police Department 15 Union St. Reading, MA 01867 781-944-1212 From: Schena, Paula Sent: Tuesday, September 27, 2005 12:38 PM To: Cormier, Jim; LeLacheur, Bob Subject: FW: Wood End School From: Camille Anthony [mailto:canthony@ftmc.net] Sent: Tuesday, September 27, 2005 12:31 PM To: Schena, Paula Subject: FW: Wood End School 9/27/2005 (3 Page 2 of 2 Paula: Could you call Jim Cornier and get a response to this e-mail for tonight's meeting. Also please forward this to Bob. Thanks, CAmille -----Original Message----- From: Don Garrity [mailto:dpgarrity@comcast.net] Sent: Monday, September 26, 2005 3:11 PM To: canthony@ci.reading.ma.us Subject: Wood End School Good Afternoon Ms. Anthony, It is my understanding that there were to be no parking signs posted on Dividence Rd and Emerson St. Today there was a car parked in a no parking area in front of 49 Dividence right where the sidewalk begins. Which meant that any child wanting to use what very little sidewalk there is would have to go into the street, even farther than usual, and go around the car to have access to the sidewalk. Also the same above mentioned car was traveling quite fast up Dividence Rd. I would think that Dividence Rd and Emerson St would be considered a school zone and have a 20 mph speed limit. Thank you for any attention you can bring to these issues. Contact me if you would like at dpgarrity aC ..comcast.net. Karen Garrity 9/27/2005 .EC'~ME1~ ~LF'TING SEL ~ OF IN Ste' u. X11 1 (please prxnl~ ~3 t I