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HomeMy WebLinkAbout2009-11-17 Board of Selectmen HandoutTOWN MANAGER'S REPORT Tuesday, November 17, 2009 . Flu clinic - seasonal flu - Saturday, November 14, 10 am to 1 PM - Coolidge Middle School. Program went very well - there were a lot of appreciative residents and compliments on how organized the clinic was. Rx Roundup - is in operation ® Veterans Day - event went very well with a good crowd present ® Does the Board of Selectmen want to have public hearings on the Dunkin Donuts and/or Shell gasoline station requests for approval of opening outside of the hours of 6 am to midnight? ® Today Chamber of Commerce representatives tied orange flags to the 32 lamp posts that will get decorated with garland. The flags will be removed upon placement of the garland which will be completed by 11/25. ® The Vocational School District has approved yet another budget, and I would suggest that Reading Town Meeting vote once again on this budget on November 30. ® The all night parking ban is now in effect. ® No overnight parking . ® Draft Budget Calendar ® Assessor Frank Golden has resigned. The process of replacement is to post the position and then after 15 days the Board of Selectmen and the Board of Assessors meet as a committee of the whole to select a replacement until the next Town election. ® The last day of operation of the compost center this fall is November 30 - a Monday Dates and Events: ® Tree Lighting - November 29 ® Shop the Block - December 3 evening MMA Seminar 12 ® December 5 - Weatherization seminar 5 09 (3),ppt • Garden Club's "Memory Tree"- December 6 at 4 PM at the Library ® Special Primary Election - December 9 ® Special Election - Senate seat - January 19 DRAFT - Town of Reading FY 11 Budget Calendar Revised November 16, 2009 Financial Forum L September 9 Subsequent Town Meeting Warrant Closes September 22 ~School and district improvement plans submitted and presented to School Connnittee for review and approval October 1 Budget Preparation information sent to all administrators and MUNIS budget training October 13 Principals present improvement goals and corresponding budgetary needs October 1-31 Financial Fortin 11 to discuss revenue and initial acconunodated cost assumptions October 14 Fee schedules reviewed by School Corninittee October 19 - 'Building/department budget requests subiitted to Central: Office November 6 Town Meeting November 9 Superintendent Reviews building/department requests and performance goals November Finalize FYI 1 Salary Projections Mid - November Superintendent holds community foruins to discuss budget priorities Mid - November Budget Parent meetings Mid - Late November Budget development deliberations undertaken by Administration Late November Superintendent's Budget Finalized Mid-Late December Budget Distributed to School Cornnuttee Late December School Committee questions submitted in preparation for deliberations January 7 Board of Selectmen public budget meetings January 9 & 16 (MMA is 1/23) Budget overview presented to School Committee January I 1 Budget presentations and deliberations by School con-in-lit-tee January 14, 21, 25 (tentative) State Election (no meetings) January 19 Financial Forum IV January 20 (tentative) School Conunittee Public Hearing on Budget January 21 School Committee vote on Superintendent's Budget January 28 School Conunittee Budget forwarded to Town Manager January 31 Budgets forwarded from Town Manager to FINCOM February 17 (tentative) FINCOM deliberations School Committee budget February 24; March 3,10,17,24,31 TBA Warrant closes for Annual Town Meeting March 2 Local Elections (no meetings) April 6 Annual Town Meeting {budgets} April 26, 29; May 3, 6 {April 291 Page 1 of 1 Hechenbleikner, Peter From: readingma_notes-bounces@mm.windigicert.com on behalf of Reading Notes [readingma_notes@mm.windigicert.com] Sent: Tuesday, November 17, 2009 3:07 PM To: readingma_notes@mm.windigicert.com Subject: Fwd: All Night Parking Ban Attachments: 0; ATT55669.txt All 'Night Parking Ban - Begins Town-wide from Nov. 1, 2009 - April 1, 2010 Pursuant to Article five, section 5.9 of the most current Reading Traffic Rules and Regulations: It shall he LnnlaWfUl for the driven- of any vehicle, other than one acting in an emergency,, to parli said vehicle on any street between the hour of I -00am and 6.,00a m. This parking ban will remain in effect from November ,S! to April I Annually. The Reading Police Department will begin canvasing all Reading public ways on November 1, 2009 looking for parking violators and all violations will be strictly enforced until April 1, 2110. Furthermore,effective Sunday, November 1, 2009 all `"A" shift personnel will begin enforcing the ban on overnight parking Town-wide with actual "money fine" parking citations. This also includes the following Town lots: (A) Parker Street Harnden Yard - 1AM to 6AM Only motor vehicles with a Reading Access Sticker will be allowed to park overnight (1AM-6AM) in the Parker Street and Harnden Yard lots, except during a snow emergency when no motor vehicles will be allowed to remain so the lots can be cleared of snow. (B) Upper Lot Lower Lot Town Hall 1AM to 6AM 1AM to 6AM 1AM to 6AM The Town has installed signs as they did at the Parker Street and-Harnden Yard lots. The only difference is that there is no overnight parking in these 3 lots. 11/17/2009 r1I-~f 1 Reading Public Library Saturday, December , 2009 4 f~ m -00 PM 1: 00 TO 3 V ~ .8 I n y 3 u.n 7 ~t t v. 11'/ ...11 iY n t t I I- ~ ii 77- want to reduce your home energy costs. Looking for inexpensive, do-it-yourself solutions ?Q Want to know how to get the most bang-for- your-buck e weatherizing your home.? Interested in ways to finance is work and rebates available? Sponsored by: Reading Elder / Human Services & Inquiries call The Advisory Committee on Cities for Climate Protection Michele Benson 781-942-6458 Parks in Encinitas Page 1 of 4 Mayor and City Commissions & Governme City Hall council Committees CiC; t3e1 artrrnenrs Public Documents City Projects Quick Lin! :A H{,•.r,,),e» Ggveinn~grrC» City (J>p~rtrn.,. n..gs.» Pd[k5.iuld R~u~eali,un.>> Parks In Encinitas marks And Recreation City Attorney I City.Clerk I City..Mandgei I Engineering ((inp.nce, (1=1re,.Rnd..M,aring_Safety i Parks And Recreation (E'la~lning Anr~._BUi1.0ing. I public Wprks San D(egui,lo 1Nater._ist.rl-f.t c - - Parks in Encinitas Parksin Encinitas online Services _ Developed City Parks Request City Assistance - - Hours: Sam - 10pm (unless otherwise noted) e-zoning No glass or smoking allowed in city parks Lookup. i *All parks are available on a first come, first served basis. f gn up for s Parks & Rec Special Event and Special Ceremony Permits are available for select locations. For more information go to I subscribe to Special permits or call (760)633-2740. City e-Alerts Documents Park Blame & General Facilities Special Mention Click on thumbnai view larder pho Archive Location Online water bill payment Cottonwood a Climbing Rock Beer & Wine Creek Park o Restrooms Allowed Gov't Quick Links g, N. Vulcan ® Gazebo, Picnic No Glass Facilities Containers Street Faciliti o Basketball Sign Vier a Tennis Courts o Handicap Access Leucadia o No Restrooms No Alcohol j % ` Roadside Park No Glass I ' E - .i 860 North Coast Containers =mar Hwy. 101 Street Faciliti Sign Viev Orpheus Park a Handicap Access 482 Orpheus e Play Equipmen Avenue a Picnic Facilitie o No Restroom. Off-leash dog hours are Monday, Wednesday and Friday Gam - 7:30am and 4pm - 6pm street Faciliti Sign Viev http://ci. encinitas.ca.us/Government/CityD/ParlcsAndRecreation/Parks+and+Beaches/Par... 11/17/2009 Hechenbleikner, Peter From: Kathleen Dugan [kduganabc@yahoo.com] Sent: Tuesday, November 17, 2009 12:05 PM To: Hechenbleikner, Peter Subject: Re: Mr. Hechenbleikner: Thank you for your consideration. I completely understand your previous points made, and of course the parks should be for people first. I have seen a program work where dogs were allowed off leash during specified hours, primarily weekday mornings when the probability of other patrons using the park is very small. Additionally, it seems that on a leash or off, owners will act responsibly or not with regard to picking up waste. I live on a busy road and have to routinely clean up waste in my yard from people leash walking their dogs, and I am sure some would not feel compelled to clean up after their dog in a park, leashed or not. That is an unfortunate reality that works against those that do take responsibility for their pets. I am sorry I can not make this meeting time tonight due to a previous commitment, but I do thank you once again for opening a dialogue and I appreciate your time. I would like to know the outcome of the discussion - will the meeting minutes be available online? Best Regards, Kathleen Dugan On Tue, 11/17/09, Hechenbleikner, Peter <phechenbleikner@ci.reading.ma.us> wrote: > From: Hechenbleikner, Peter > Subject: > To: kduganabc@yahoo.com > Date: Tuesday, November 17, > > The Board of > Selectmen is going to have > tonight at their meeting at > your contact and one of our > > > Pete <phechenbleikner@ci.reading.ma.us> 2009, 8:42 AM ome preliminary discussion on this matter around 7:30 - i could not initially find staff people just came up with it. Page 1 of 1 Hechenbleikner, Peter From: Feudo, John Sent: Monday, November 16, 2009 4:06 PM To: Hechenbleikner, Peter Subject: FW: [POSSIBLY SPAM] Recreation Programs Importance: Low Was this it? John A. Feudo Recreation Administrator Town of Reading From: Kathleen Dugan [mailto:kduganabc@yahoo.com] Sent: Tuesday, October 06, 2009 11:56 AM To: Recreation Subject: [POSSIBLY SPAM] Recreation Programs Importance: Low Request From: Kathleen Dugan Email: ltlugaiiahc~ccyGth~q _cgm Address: City: State: Zip: Phone: 781-266-7885 Organization: Please consider designated hours for open dog play at the local parks. The parks are nearly empty weekday mornings, and it would seem sensible to allow dogs off leash, on voice command 7am-10am. Please advise as there are groups ofus who are responsible dog owners and would like some sensible alternative to having to leash the dogs at all times. I understand they are allowed off leash on conservation land, but deer ticks, other animals and the lack of open spaces does not allow for the same socialization and exercise open field play provides. 11/17/2009 Page 1 of 1 Hechenbleikner, Peter From: Feudo, John Sent: Monday, November 16, 2009 4:08 PM To: Hechenbleikner, Peter Subject: FW: Hunt Field Attachments: IMG00039.jpg Peter, Here is one other email I have saved with a pic from Dogs at Hunt park. John A. Feudo Recreation Administrator Town.of Reading From: jdalessio@jhancock.com [mailto:jdalessio@jhancock.com] Sent: Friday, May 22, 2009 12:49 PM To: Feudo, John Cc: David Gray; Charlie Ehl Subject: Hunt Field Hi John, I am a board member for Youth Baseball of Reading and I am inquiring to see if the Town could post signs at Hunt Field prohibiting dog use on the playing surface.. As you can see from the included photo, this has become a dog park and at times the baseball screens are used to pen the dogs in while they tear up the field among other things. Any assistance would be greatly appreciated. 11/17/2009 y Z09q NOV 12 P 5= 0 9 BUl~f;a .JLSS0RS BEVERLY, MASS. November 12; 2009 RECEIVED NOV 13 2009 Dear Board Assessors, I regret to inform you that I am no longer an active member of the Reading Board of Assessors. I have exhausted myself.in too many different areas this fall and I need to focus my attention on my family and the City of Beverly. I have enjoyed serving on the Board of Assessors with both.of you and look forward to,applying for the vacated Appraiser position. Sincerely yours,. Franci Iden, .MAA t Page 1 of 1 a9 s /d/-7 Schena, Paula From: Hechenbleikner, Peter Sent: Monday, November 16, 2009 4:03 PM To: Reading - Selectmen Cc: Schena, Paula; Marino, Lillian Subject: BOS meeting 11-17-09 Attachments: Excerpts from town of Reading Animal control Bylaw.doc; 2009 Goals 11-17-09 progress report.doc; 2009 SPECIAL TM 11-30-09 -WARRANT-REPORT.DOC Again my apologies for doing this so late. It shows how indispensible Paula is. 1. Appeal of fees to Board of Selectmen. - This issue came up several months ago. And at recent Board of Selectmen meeting the broader issue came up of Town staff exercising more discretion on permitting and similar issues. It would be helpful for the Board of Selectmen to have some discussion perhaps with examples, on what their hopes and expectations would be with respect to this issue. 2. Dogs in parks - Some time ago we received an email from a resident asking the Town to permit dogs to run at large during certain times of the day - presumably when the park is not likely to be populated with lots of kids. Attached is a excerpt of portions of the Town bylaw on dogs, and it is clear that this would not be permitted under the bylaws as they exist now. Is there any action the Board of Selectmen wants to take re dogs in parks at this time? 3. Review Goals - Attached is an update of the goals for this calendar year 4. Cedar Glen -Town Counsel is still trying to get a draft agreement from the purchaser, addressing the 2 issues that had been identified by the Town as important: Establishment of a local preference; and explicitly stating that they will be affordable in perpetuity. 5. Review Special Town Meeting warrant Attached is the draft warrant report. The Finance Committee has asked for a presentation Wednesday evening on the financial aspects of the proposed zoning. 11/27/2009 Excerpts from town of Reading Animal control Bylaw 5.6.1.4 Effective Voice Control: To be under effective voice control, the animal must be within the keeper's sight and the keeper must be carrying a leash and the animal must refrain from illegal activities. 5.6.1.15 Running at Large: A dog is running at large if it is not on the private property of its keeper, or on private property with the express permission of that property's owner, or on a leash, or under effective voice control (i.e., within the keeper's sight and the keeper is carrying a leash). 5.6.3.3 Damaging Property. No animal keeper shall allow the animal to damage public or private property or realty. 5.6.3.4 Running at Large. When not on the private property of its keeper, or on private property with the express permission of that property's owner, an animal must be'on a leash or may be under effective voice control in locations noted below. To be under effective voice control, the animal must be within the keeper's sight and the keeper must be carrying a leash. (1) Voice Control (in place of leash control) allowed. A dog may be under voice control when within the Town Forest or on Conservation lands. (2) Public Gatherings - Leash control Only. An animal may be at any public gathering not otherwise specified in this bylaw only if it is on a six-foot or shorter leash and the animal must refrain from illegal activities. (3) School Grounds - Animals not allowed during school/leash control only at other times. Unless the school Principal gives permission in advance, no animal may be on school grounds from 30 minutes before classes begin until 30 minutes after classes end. At all other times, the animal may be on school grounds only if it is on a six-foot or shorter leash. An animal is not violating this prohibition if it remains within a vehicle. (4) Exception for Assistance Animals (service animals). Section 5.6.3.4 does not apply to any properly trained assistance animal or service animal while performing its duties. 5.6.3.6 Dog Litter. Every dog keeper is responsible for expeditiously removing any dog feces the dog deposits anywhere except on its keeper's private property, on other private property with the property owner's permission. This provision does not apply to any assistance dog or service dog while it is performing its duties. .Town of Reading GOALS 2009 Progress report - 4-28-09 Development 1 Complete Downtown Streetscape project DONE 2 Complete Downtown Parking study, and implement elements that can be implemented on a priority basis Study completed - BOS has a_-greed on a half dozen priorities 3 Complete Downtown OR study and determine how to proceed; and or amend the downtown mixed use regulations Scheduled for a November 30 Special Town Meetin 4 Review sign sections of Zoning bylaw and get the proposed amendments before Town Meeting Good progress - being done by EDC with agreement by CPDC. 5 Develop design standards for South Main Street and get necessary amendments to Zoning bylaw before Town Meeting First changes approved by Town Meeting- for reducing setback. Other design standards to be considered after 40R issues for Downtown are completed 6 Complete permitting of AWP site once a completed application for the site is received At a standstill until the economic conditions improve 7 Explore resources available to review and revise the entire Zoning Bylaw No progress to date Finance 1 The overriding issue will be how to manage our budget to implement our highest priority services, programs, and projects in a time of declining resources Excellent budget process to date. Use of reserves for 2010 is less than anticipated. Some "cushions" were built into the 2010 budget to allow us to deal with the final State budget including 9C cuts to date. 2 Prepare for potential Federal Stimulus package benefits to Reading. We have had little success to date. We are working on getting some assistance with energy improvements. We are still truing to _get West Street funded. Operations 1. Manage next steps in implementation of technology improvements including the MUNIs software and Records Management: • Train users on the intricacies and detail of the new MUNIs software and the volume of information available to the end users. Extensive and on-going. Transitions to date have been successful • Implement Phase 2 of the new financial software. Real Estate, Personal Property and Motor Vehicle Tax Billing will be implemented in the Collectors office. Utility Billing will be implemented in DPW. General Billing will be implemented for Ambulance and Extra Detail Billing in the Public Safety Departments. Utili billinq rolls out in June, and tax billing shortly after. The Treasurer/Collector presented to the Board of Selectmen and the community the new billing formats and changes We will be doing additional public outreach. We are consolidating our current pains before moving forward with other elements. • Complete parcel renumbering scheme for MUNIs. DONE • Begin first phases of Records Management project Making good progress in the Town Managers and Clerks offices. 2. Implement DPW Management Study: DPW Director has taken high priority issues and developed a schedule to address them. • Hire a replacement Director following the retirement of our current Director DONE • Succession Planning Beginning of work on potential retirement dates, data collection on licensee and other requirements, etc. • Address short term vehicle maintenance with contracting • Address long term vehicle maintenance through regional program or adding facility Reviewing this with other potential regional partners • Address project management through planning and tracking software DONE • Begin pilot Performance Measurement 3. Institutionalize the BCC Chair/Vice Chair training Successfully conducted by the Board of Selectmen again this fall 4. Public Safety • Expand and Improve Public Safety programs i. We participated in the development and implementation of a regional technical rescue team The Essex County Rescue Team has gone through two rounds of training and will complete all training in the fall of 2009 with an operational -goal of January 1, 2010. ii. We are participating in the feasibility study of a regional dispatch center. iii. Fire and Police Departments and Health Division are involved in school safety initiatives. iv. In an effort to test our plans and working relationships the Town of Reading participates in a Mystic Regional Emergency Planning Committee exercises We have had representatives from the Department of Public Works, Police, Schools, Public Health, Finance, Town Manager, Fire and Peter Sanborn Place. v. The police department has used state funded -grant money to augment traffic enforcement programs. These programs are still being assessed, but preliminarily appear to have been effective in reducing traffic crashes in some areas. vi. Police patrols around the schools at morning and afternoon drop and pick-up times have been instituted and appear to be effective alleviating traffic and safety issues. vii. Continuing work on Safe Routes to Schools, all schools are currently participating to various extents. Expand the level ALS level of care to the community by placing ALS equipment on the Ladder truck. DONE Enhance the Town of Reading's Emergency Operations Center. We need to run phone lines and Identify computer equipment to use for the Departments. We have used the Laramie Project which was largely a Police incident to pull together all the training the Police Fire, DPW, and Schools received over the last several years. All the components that were used at the NEMLEC Command Truck would have been used at our emergency operations center. As a result of the Laramie project we were able to identify areas that need improvement and are working on those issues. 5. Library Extrapolate short-term goals from new Library Plan of Service 2009-2014; DONE - working on six -goals for 2009 Establish work teams; DONE Lay groundwork for longer-term goals. For example, seek additional funding for Local History digitization project; plan outreach to new residents, etc. We presented results of digitization proiect in Feb and are working on -grant applications now Services 1. Determine what options exist to move forward with the local van service under the Suburban Mobility grant No progress - this does not appear to be a viable program at this time due to budget reductions at all levels. 2. Implement additional technology and web page improvements including: Much of the work in technology,has taken a back seat to the MUNIs implementation. • Customer Request module • Town Manager Blog • Customers electronic interaction • Library - Launch new website DONE • Add web-based Suggestion Box/ Library Director's blog option to supplement in-house Suggestion Box Policies and procedures 1. Revise and finalize clear Donations and Gifts Policy & Procedure and Donor recognition and create brochure and online process for all Gifts DONE 2. Fully implement the Petroleum By-law. We may be recommending the rescission of the bylaw, pending the evaluation of new state regulations that address the same topic 3. Establish ad hoc Community-wide building committee to address present and future program needs of town facilities; Scheduled for hearing on November 24, 2009. Library Board of Trustees, School Committee, and Finance Committee are on board with implementation of an ad hoc committee. • Work with Library Trustees and Facilities Department to implement recommendations of Building Assessment and establish a process for long- term facility improvements Progress made in identifying next steps. 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 Peter Sanborn Place, 50 Bay State Road 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 Wood End School, 85 Sunset Rock Lane The date of posting being not less than fourteen (14) days prior to November 30, 2009, the date set for the Special Town Meeting in this Warrant. 1 also caused an attested copy of this Warrant to be published in the Reading Chronicle in the issue of Alan Ulrich, Constable A true copy. Attest: Laura Gemme, 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, November 30, 2009, 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 Background: This Article appears on the Warrant for all Town Meetings. At this Special Town Meeting, there are no known reports to be given under this Article. Finance Committee Report: No report. Bylaw Committee Report: No report. 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 Background: This Article appears on the Warrant of all Town Meetings. There are no known Instructional Motions at this time. The Town Moderator requires that all proposed Instructional Motions be submitted to the Town Clerk in advance so that Town Meeting Members may be "warned" as to the subject of an Instructional Motion in advance of the motion being made. Instructional Motions are normally held until the end of all other business at Town Meeting. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 3 To see if the Town will vote to amend the FY 2010 - FY 2019, 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 Background: This Article appears on the Warrant of all Town Meetings. There are no known amendments to the Capital Improvements Program at this time. Finance Committee Report: No report.. Bylaw Committee Report: No report. ARTICLE 4 To see if the Town will vote to amend one or more of the votes taken under Article 14 of the April 27, 2009 Annual Town Meeting relating to the Fiscal Year 2010 Municipal Budget, as amended under Article 4 of the November 9, 2009 Subsequent Town Meeting, 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 Background: It is possible that the Northeast Metropolitan Regional Vocational School District may vote yet another budget prior to December 1st and if so, it is desirable to have at least five communities of the 12 in the Vocational School District vote on that latest budget amendment. We will not necessarily know whether or not they have voted a budget until just prior to the November 30th Special Town Meeting. Finance Committee Report: Action pending. Bylaw Committee Report: No report. ARTICLE 5 To see if the Town of Reading will vote to amend the Zoning By- Laws and Zoning Map by adding to Section 4.0, Use Regulations, a new Section 4.12. entitled Downtown Smart Growth District (DSGD) to read as follows: 4.12. DOWNTOWN SMART GROWTH DISTRICT ("the DSGD") 4.12.1 Purposes The purposes of the Downtown Smart Growth District are: (1) To provide an opportunity for residential development and to especially encourage mixed-use development, including both new construction and renovation of existing buildings, within a distinctive, attractive and livable environment that supports the commercial revitalization of Downtown Reading. (2) To promote continuing development and redevelopment in Downtown Reading that is pedestrian friendly and consistent with Reading history and architecture. (3) To ensure high quality site planning, architecture and landscape design that enhances the distinct visual character and identity of Downtown Reading and provides an environment with safety, convenience and amenity. (4) To provide for a diversified housing stock at a variety of costs within walking distance of services and public transportation, including affordable housing and other housing types that meet the needs of the Town's population. (5) To generate positive tax revenue for the Town, and to benefit from the financial incentives provided by Mass. Gen. Laws Ch. 40R, while providing the opportunity for new business growth and additional local jobs. (6) To encourage preservation and rehabilitation of historic structures and buildings. (7) To promote efficient use of land and existing parking supply and limit expansion within the district by encouraging shared parking. (8) To encourage adoption of energy efficient building practices and sustainable construction methods. (9) To ensure compliance with the Massachusetts Department of Environmental Protection stormwater management policies and practices. 4.12.2 Definitions As used in this Article, the following terms shall have the meanings set forth below: ACCESSORY BUILDING - A detached building the use of which is customarily incidental and subordinate to that of the principal building or buildings and which is located on the same lot. An Accessory Building shall not be used to house people, domestic animals or livestock, nor shall it be used as an independent commercial enterprise. An Accessory Building located within 10 feet of a principal building shall be subject to the dimensional requirements applicable to the principal building. AFFORDABLE HOMEOWNERSHIP UNIT - A dwelling unit required to be sold to an Eligible Household per the requirements of this Section 4.12. AFFORDABLE HOUSING RESTRICTION - A deed restriction of an Affordable Unit meeting statutory requirements in Mass. Gen. Laws Ch.184 §31 and the requirements of §4.12.10 of this Article. AFFORDABLE RENTAL UNIT - A dwelling unit required to be rented to an Eligible Household per the requirements of §4.12.10. AFFORDABLE UNIT - The collective reference to Affordable Homeownership Units and Affordable Rental Units. ANNUAL UPDATE - A list of all approved and currently proposed Smart Growth Districts within the Town of Reading, to be filed on or before July 31" of each year with the Massachusetts Department of Housing and Community Development pursuant to Mass. Gen. Laws Ch. 40R and applicable regulations. APPLICANT - A landowner or other petitioner who files a plan for a Development Project subject to the provisions of this Section 4.12. APPROVING AUTHORITY (AA) - The Community Planning and Development Commission (CPDC) of the Town of Reading acting as the authority designated to review projects and issue approvals under this Section 4.12. AA REGULATIONS - The administrative rules and regulations adopted by the AA pursuant to Section 4.12.11. AS-OF-RIGHT DEVELOPMENT - A Development Project allowable under this Section 4.12 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 4.12 shall be considered an As-of-right Development. CONSUMER SERVICES - A barber shop, dry cleaning or laundry establishment, photographer's shop or studio or similar business where service is provided directly on the premises. DESIGN STANDARDS - The document entitled Downtown Smart Growth District Design Standards and Guidelines, dated October 2, 2009 and approved by the Massachusetts Department of.Housing and Community Development on October 31, 2009, as amended, pursuant to Mass. Gen. Laws Ch. 40R § 10 and applicable regulations. Said Design Standards shall be applicable to all Development Projects within the DSGD that are subject to Plan Review by the Approving Authority. DEVELOPMENT PROJECT or PROJECT - A residential or mixed use development undertaken under this Section 4.12. A Development Project shall be identified as such on the Plan which is submitted to the Approving Authority for Plan Review. DWELLING UNIT - A structure or a portion of a structure containing in a self sufficient and exclusive manner facilities for sleeping, bathing, and cooking, including one full kitchen and full bathroom facilities as defined by the Massachusetts State Building Code. ELIGIBLE HOUSEHOLD - An individual or household whose annual income is below eighty percent (80%) of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets. FAMILY - One (1) or more persons occupying a dwelling unit as a single house- keeping unit. Domestic employees may be housed on the premises without being counted as a family or families. FLOOR AREA, NET - The actual occupied area of a building or buildings not including hallways, stairs, mechanical spaces and other non-habitable spaces, and not including thickness of exterior or interior walls. FLOOR AREA GROSS - The sum of the gross areas of all floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Gross floor area does not include the following: (1) Basement space having at least one-half the floor-to-ceiling height below grade, rated as non-habitable by applicable building code. (2) Accessory parking (i.e., parking that is available on or off-site that is not part of the use's minimum parking standard). (3) Attic space having a floor-to-ceiling height less than seven feet, rated as non- habitable by applicable building code. (4) Exterior balconies. (5) Uncovered steps, landings, and ramps. (6) Inner courts open to the sky. HOUSEHOLD INCOME MEDIAN - The median income, adjusted for household size, as reported by the most recent information from, or calculated from regulations promulgated by, the United States Department of Housing and Urban Development (HUD). INSTITUTIONAL USE - A non-profit or church, library, public or private school, structure or land, used for public purpose. quasi-public use or institution, such as a municipally owned or operated building, MIXED-USE DEVELOPMENT PROJECT - A Development Project containing a residential Principal Use and one or more Non-Residential, Secondary Uses as specified in Section 4.12.5.1, provided that, in newly constructed buildings, separate and distinct building entrances are provided for residential and non-residential uses. MONITORING AGENT - An entity designated by the Reading Board of Selectmen, which may be the Reading Housing Authority or other qualified housing entity, with the power to monitor and to enforce compliance with the provisions of this 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 DSGD (See Section 4.12.10.6). MULTI-FAMILY RESIDENTIAL - A building containing four or more residential dwelling units designed for occupancy by the same number of families as the number of dwelling units. NON-RESIDENTIAL USE - Office, Retail, Restaurant, Service or Institutional Use, inclusive, or some combination of the same. OFFICE - A place for the regular performance of business transactions and services, generally intended for administrative, professional and clerical activities, including a medical or dental office or health clinic. PLAN - A plan depicting a proposed Development Project for all or a portion of the Downtown Smart Growth District and which is submitted to the Approving Authority for its review and approval in accordance with the provisions of this Section 4,12. PLAN APPROVAL - The Approving Authority's authorization for a proposed Development Project based on a finding of compliance with this Section 4.12 and Design Standards after the conduct of a Plan Review. PLAN REVIEW - The review procedure established by this Article and administered by the Community Planning and Development Commission of the Town of Reading as the Approving Authority. RESTAURANT - Any business establishment principally engaged in serving food, drink, or refreshments, whether prepared on or off the premises provided, however, that drive through windows are not allowed. RESIDENTIAL USE - A building or part of a building containing Dwelling Units as defined herein above and parking that is accessory to the Dwelling Units. RETAIL USE - Business establishments selling goods and/or services to customers on-site, generally for end use personal, business or household consumption. A reasonable amount of storage consistent with Massachusetts Building Codes of said goods shall also be assumed to be an incidental part of Retail Use. SMART GROWTH DISTRICT - An Overlay Zoning District adopted pursuant to 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 applicable regulations. UNDERLYING ZONING - The zoning requirements adopted pursuant to Mass. Gen. Laws Ch. 40A that are otherwise applicable to the geographic area in which the DSGD is located, as said requirements may be amended from time to time. UNDULY RESTRICTIVE - A provision of a Smart Growth District or a Design Standard that adds unreasonable costs or unreasonably impairs the economic feasibility of proposed Development Projects in a Smart Growth District. UNRESTRICTED UNIT - A Dwelling Unit that is not restricted as to rent, price or eligibility of occupants. USE. ACCESSORY - A use subordinate to the Principal Use on the same lot or in the same structure and serving a purpose customarily incidental to the Principal Use, and which does not, in effect, constitute conversion of the Principal Use of the lot, site or structure to a use not otherwise permitted in the Smart Growth District. USE. PRINCIPAL - The main or primary purpose for which a structure, building, or lot is designed, arranged, licensed, or intended, or for which it may be used, occupied, or maintained under this Section 4.12. USE. SECONDARY - A use located on the same lot as a Principal Use but which is of equal or.lesser scale, impact, and visibility than the Principal Use. A Secondary Use is not an Accessory Use, as it is largely independent from the Principal Use. 4.12.3 Scope and Authority The Downtown Smart Growth District is established pursuant to the authority of Mass. Gen. Laws. Ch. 40R and applicable regulations, and shall be deemed to overlay the parcels as shown on the Zoning Map of the Town of Reading, as amended. The Applicant shall have the option of applying for Plan Approval pursuant to the zoning controls set forth in this Article or complying with all applicable zoning controls set forth in the Zoning By-Laws of the Town of Reading for the underlying district(s) or for other overlay zoning that may be therein defined. Development Projects proceeding under this Article shall be governed solely by the provisions of this Article and shall be deemed exempt from the standards and/or procedures of the Underlying Zoning and other overlay provisions. 4.12.4 Establishment and Delineation of the DSGD The Downtown Smart Growth District is an overlay district that is superimposed over the Underlying District. The boundaries are delineated as the "Downtown Smart Growth District on the Official Zoning Map of the Town of Reading on file in the office of the Town Clerk, said map hereby made a part of the Reading Zoning By- Law. 4.12.5 Allowed and Prohibited Uses Any use not listed herein as an Allowed Use is deemed prohibited. 4.12.5.1 Allowed Uses The following uses shall be permitted as-of-right in the DSGD upon Plan Approval pursuant to the provisions of this Article: (1) Multi-family Residential (2) Office* (3) Retail* (4) Restaurant* (5) Institutional* (6) Consumer Service* *Only as part of a Mixed-Use Development - see Section 4.12.7 below. In addition to the allowed uses listed above, the following uses are permitted as-of- right for Development Projects within the DSGD subject to the requirements of this Article: (6) Parking accessory to any of the above permitted uses, including surface, garage-under, and structured parking. (7) Accessory uses customarily incidental to any of the above permitted principal uses. 4.12.5.2 Prohibited Uses The following uses are prohibited in the DSGD: (1) Any use which regularly emits strong odors, or dust particles, or smoke, or poses danger, such as manufacture of acids, gases, fertilizers and glue, petroleum refining, reduction of animal matter, and manufacture of cement, gypsum, or explosives. (2) Any other use dangerous to persons within or outside the District by reason of emission of odor, fumes, gases, particulate matter, smoke, noise, vibration, glare, radiation, electrical interference, threat of fire or explosion, or any other reason. (3) Any use that degrades water quality, reduces groundwater recharge, or increases flooding are prohibited. 4.12.6 Dimensional and Other Requirements Applications for Plan Approval shall be governed by this Section 4.12 and the Design Standards for the Downtown Smart Growth District. Mixed-Use with mmercial 1St C Other Mixed-Use Building Type o or Residential Only Floor Maximum Floor Area Ratio (FAR) 3.4 2.4 (Gross Floor Area / Lot Size) 9 Minimum Lot Frontage 50 feet Maximum Lot Coverage N/A Minimum Lot Area N/A Number of Buildings per lot N/A Maximum Building Frontage 300 feet Minimum Front Setback' 0 feet Maximum Front Setback' 10 feet Minimum Side/Rear Setback 2 abutting a Residential Zone 15 feet Minimum Side/Rear Setback 2 in DSGD or abutting Business-B 0 feet Interior Setback (between buildings on same lot) 15 feet See 7. 1.1 of the Design Standards for front facade setback requirements 2 See 7.1.2 of the Design Standards for building step-back requirements 4.12.6.1 Residential Density Allowances The following residential densities shall be allowed on all lots and within all buildings within the DSGD pursuant to the requirements of this Section 4.12: Multifamily Residential 20 Units per acre (a) The Approving Authority may provide a waiver as specified in Section 4.12.12 to allow a density in excess of that stated above. (b) The Approving Authority may provide a waiver as specified in Section 4.12.12 to promote the renovation or adaptive reuse of existing buildings. 4.12.6.2 Dimensional Standards and Requirements The following building heights shall be allowed on all lots within the DSGD, pursuant to the requirements of this Section 4.12: Multifamily Residential Buildings 33 Feet Multifamily Residential Buildings with 45 Feet Commercial Uses on the Ground Floor 10 4.12.6.3 Contiguous Lots In the DSGD, where two or more lots are contiguous or are separated by a right-of- way, such lots may be considered as one lot for the purpose of calculating maximum lot coverage; parking requirements; minimum useable open space; and dwelling units per acre. 4.12.6.4 Age-Restricted Housing Units An Applicant may propose a Residential or Mixed-Use Development Project in which all dwelling units are designed for or are accessible to the elderly or the handicapped under all applicable laws and regulations, provided that not less than twenty-five percent (25%) of the housing units in any such Development Project shall be Affordable Units. All such Development Projects shall be governed by the requirements of this Section 4.12 and the Design Standards. 4.12.7 Mixed-Use Development Development Projects may include a portion not to exceed 50% of the total gross floor area to be used for non-residential uses including Office, Retail, Restaurant, Service or Institutional Uses; provided that office or institutional uses on the ground floor may not utilize more than 33% of the total gross square footage of that floor. 4.12.8 Off-Street Parking and Loading 4.12.8.1 Off-Street Parking Retail stores, offices and consumer service establishments located within three hundred (300) feet of a public off-street parking facility shall be exempt from off- street parking requirements. In all other cases, off-street parking shall be provided to meet the following minimum requirements: Retail or Restaurant Office and Institutional Residential Units Other Non-Residential, less than 2,000 ft Other Non-Residential, 2,000 ft or more leaseable space in excess of 2,000 ft 0 spaces 2 spaces per 1,000 ft. 1 space per unit 0 spaces 1 space per 2,000 ft. As indicated above, off-street parking is not required for Other Non-Residential uses in the district unless such use exceeds 2,000 square feet of net floor area. 4.12.8.2 Off-Street Loading and Delivery Front door and on-street deliveries are not allowed for non-residential establishments on Main and Haven Streets. Off-street loading spaces shall be provided to meet or exceed the following minimum requirements: Restaurant: 1 space per 2,000 ft. leaseable space in excess of 2,000 ft. 11 Other allowed Secondary Use: 1 space per 5,000 ft. leaseable space in excess of 2,000 ft. The Approving Authority may waive the loading space requirement if the Applicant provides a plan proving that the loading space is not needed or can be shared. 4.12.8.3 Location of Parking Any surface parking lot shall, to the maximum extent feasible, be located at the side or rear of a building, relative to any public right-of-way, public open space, or pedestrian way. In no case shall surface parking for new construction be permitted within the required front yard setbacks. 4.12.8.4 Waiver of Parkins Requirements The Approving Authority may grant a Plan Approval making such modifications in the standards or prescribe safeguards and conditions as it shall warrant appropriate, provided that it finds that it is impractical to meet the standards and that such modifications are appropriate by reason of the proposed use and will not result in or worsen parking or traffic problems in the DSGD. The Approving Authority may impose conditions of use or occupancy appropriate to such modifications. 4.12.8.5 Shared Use of Required Parking Shared use may be made of required parking spaces by intermittent. use establishments, for example, churches, assembly halls or theaters, whose peak parking demand is only at night or on specific days of the week; by other uses whose peak demand is only during the day; or in public parking lots. At the time of application, a formal agreement shall be made in writing by the owners of the uses involved concerning the number of spaces involved, substantiation of the fact that such shared use is not overlapping or in conflict, and the duration of the agreement. The applicant shall demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g., the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other industry established studies on shared parking). 4.12.8.6 Cooperative Establishment and Operation of Parking Areas Required spaces for any number of uses may be provided in a combined lot or lots (public or private), provided that the number of spaces in the combined facility shall not be less than the sum of those required of the individual uses, with allowances made, upon formal designation, for night use or for separate and distinct working shifts, and provided also that such lot or lots shall be within 600 feet of the principal buildings served. 4.12.8.7 Visitor Parking The Approving Authority may allow for additional visitor parking beyond the minimum required spaces per unit if deemed appropriate given the design, layout and density of the proposed Development Project. 12 4.12.8.8 Parking Design. Parking shall be designed and constructed to comply with all applicable disability access requirements including but not limited to the Americans with Disabilities Act (ADA) and 521 CMR. 4.12.9 Open Spaces and Recreational Areas The site design for Development Projects may include common open space and facilities. Where proposed, the plans and any necessary supporting documents submitted with an application for Plan Approval within the DSGD shall show the general location, size, character, and general area within which common open space or facilities will be located. The plans and documentation submitted to the Approving Authority shall include. a description of proposed ownership and maintenance provisions of all common open space and facilities and, if requested by the Approving Authority, any necessary restrictions or easements designed to preserve the open space and recreational areas from future development. Upon consideration of the above information, the Approving Authority may approve a waiver as provided for in Section 4.12.12 for a front setback to allow for common open space or facilities. 4.12.10 Affordable Housing Affordable Units shall comply with the following requirements: (1) The monthly rent payment for an Affordable Rental Unit, including utilities and parking, shall not exceed thirty percent (30%) of the maximum monthly income permissible for an Eligible Household, assuming a Family size equal to the number of bedrooms in the unit plus one, except in the event of an Eligible Household with a Section 8 voucher in which case program rent limits shall apply. (2) For an Affordable Homeownership Unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed thirty percent (30%) of the maximum monthly income permissible for an Eligible Household, assuming a Family size equal to the number of bedrooms in the unit plus one. (3) Affordable Units required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households. 4.12.10.1 Number of Affordable Units Twenty percent (20%) of all dwelling units constructed in a Development Project shall be Affordable Units. Provided however, for Development Projects in which all of the dwelling units are limited to occupancy by elderly persons and/or by persons with disabilities, twenty-five percent (25%) of the dwelling units shall be Affordable Units, whether the dwelling units are Rental Units or Ownership Units. 13 4.12.10.2 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 if the fraction is 0.5 or more. If the result includes a fraction below 0.5, the fraction shall be rounded down to the next whole number. 4.12.10.3 Design and Construction Affordable Units must be dispersed throughout a Development Project and be comparable in initial construction quality and exterior design to the Unrestricted Units. However, nothing in this section is intended to limit a homebuyer's rights to renovate a Dwelling Unit under applicable law. The Affordable Units must have access to all on-site amenities. Affordable Units shall be finished housing units. All Affordable Units must be constructed and occupied not later than concurrently with construction and occupancy of Unrestricted Units. In Development Projects that are constructed in phases, Affordable Units must be constructed and occupied in proportion to the number of units in each phase of the Development Project. 4.12.10.4 Unit Mix The total number of bedrooms in the Affordable Units shall be at least proportionate to the total number of bedrooms in all units of the Project of which the Affordable Units is part. 4.12.10.5 Affordable Housing Restriction Each Affordable Unit shall be subject to an Affordable Housing Restriction which is recorded with the County Registry of Deeds or Land Court Registry District of the County. All Affordable Housing Restrictions must include, at minimum, the following: (a) A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of Affordable Rental Units in a Development or portion of a Development which are rental. Such restriction shall apply individually to the specifically identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental Development or the rental portion of a Development without specific unit identification. (b) The term of the Affordable Housing Restriction which shall be in perpetuity or for the longest period customarily allowed by law but shall be no less than thirty (30) years. (c) The name and address of the Monitoring Agent with a designation of its power to monitor and enforce the Affordable Housing Restriction. 14 (d) Reference to a housing marketing and resident selection plan, to which the Affordable Unit is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection, process. If approved by DHCD, the -housing marketing and selection plan may provide for local preferences in resident selection. The plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that preference for such unit shall be given to a household of the appropriate size. (e) A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all, subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan. (f) Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set. (g) A requirement that only an Eligible Household may reside in an Affordable Unit and that notice of any lease or sublease of any Affordable Unit shall be given to the Monitoring Agent. (h) Provision for effective monitoring and enforcement of the terms and provisions of the Affordable Housing Restriction by the Monitoring Agent. (i) Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the Monitoring Agent and the Town of Reading, in a form approved by municipal counsel, and shall limit initial sale and re-sale to and occupancy by an Eligible Household. (j) Provision that the owner(s) or manager(s) of Affordable Rental Unit(s) shall file an annual report to the Monitoring Agent, in a form specified by that agent certifying compliance with the provisions of this Section 4.12.10 and containing such other information as may be reasonably requested in order to ensure affordability. (k) Provision that the restriction on Affordable Rental Units in a rental Project or rental portion of a Project shall run with the rental Project or rental portion of a Project and shall run in favor of the Monitoring Agent and the Town of Reading, in a form approved by municipal counsel, and shall limit rental and occupancy to an Eligible Household. (1) A requirement that residents in Affordable Units provide such information as the Monitoring Agent may reasonably request in order to. ensure affordability. (m) Designation of the priority of the Affordable Housing Restriction over other mortgages and restrictions. 4.12.10.6 Administration The Monitoring Agent shall ensure the following (See Section 4.12.2 Definitions): 15 (a) Prices of Affordable Homeownership-Units are properly computed; rental amounts of Affordable Rental Units are properly computed. (b) Income eligibility of households applying for Affordable Units is properly and reliably determined. (c) The housing marketing and resident selection plan conforms to all requirements and is properly administered. (d) Sales and rentals are made to Eligible Households chosen in accordance' with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given. (e) Affordable Housing Restrictions meeting the requirements of this section are recorded with the Middlesex County Registry of Deeds or Land Court Registry District of Middlesex County. In the case where the Monitoring Agent cannot adequately carry out its administrative duties, upon certification of this fact by the Approving Authority or by the Department of Housing and Community Development, the administrative duties shall devolve to and thereafter be administered by a qualified housing entity designated by the Reading Board of Selectmen. 4.12.10.7 Costs of Housing Marketing and Selection Plan The housing marketing and selection plan shall make provision for payment by the owner of reasonable costs to the Monitoring Agent and the owner shall pay reasonable costs to the Monitoring Agent to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements. 4.12.11 Plan Approval Procedures The Approving Authority (AA) shall adopt and file with the Town Clerk Administrative Regulations relative to the application requirements and contents for Plan Review, subject to approval by the Massachusetts Department of Housing and Community Development. Plan approval procedures shall be as follows: 4.12.11.1 Pre-Application Requirements Prior to the submittal of a Plan for Plan Approval, a "Concept Plan" may be submitted to help guide the development of the definitive submission for project build out. Such Concept Plan shall reflect the following: (a) Overall building envelope areas (b) Open space and natural resource areas (c) General site improvements, drainage plans, groupings of buildings and proposed land uses 16 (d) Anticipated parking spaces and locations (e) Site vehicular access The Concept Plan is intended to be used as a tool for both the Applicant and the Approving Authority to ensure that the proposed Project design will be consistent with the Design Standards and other requirements of the DSGD. 4.12.11.2 Application Procedures All Projects are subject to Plan Approval. (1) Submittal An application for Plan Approval shall be submitted to the AA on the form provided by the Authority, along with the application fees set forth in the administrative regulations. The application shall be accompanied by such plans and other documents as required by the AA as well as any materials required to verify compliance with any of the provisions of this Section 4.12. All plans shall be prepared by certified architects or engineers as required by the Massachusetts Building Code. An application for Plan Approval shall be filed by the Applicant with the Town Clerk. A copy of the application, including the date of filing certified by the Town Clerk, as well as the required number of copies of the application, shall be filed forthwith by the Applicant with the AA. Application submissions must include a hard copy as well as an electronic copy in PDF or CAD format. Said filing shall include any required forms provided by the AA. As part of any application for Plan Approval for a Development Project, the Applicant must submit the following documents to the AA and the Monitoring Agent: • Evidence that the Development Project complies with the cost and eligibility requirements of Section 4.12.10; • Development Project plans that demonstrate compliance with the design and construction standards of Section 4.12.10.3; and • A form of Affordable Housing Restriction that satisfies the requirements of Section 4.12.10.5. • Review Fees: The Applicant shall be required to pay for reasonable consulting fees to provide peer review of the application for the benefit of the Approving Authority. Such fees shall be held by the Town of Reading in an interest-bearing escrow account, and shall be used only for expenses associated with the use of outside consultants employed by the Approving Authority in reviewing the Plan application. Any surplus funds remaining after the completion of such review, including any interest accrued, shall be returned to the Applicant forthwith. 17 (3) Circulation to Other Boards Upon receipt of the application, the AA shall immediately provide a copy of the application materials to all relevant municipal Boards, Departments, Commissions, Officials as determined by the AA and, if the project is subject to Affordability requirements, the Monitoring Agent. These entities shall provide any written comments within 60 days of receipt of the plan and application. (4) Public Hearing The Approving Authority shall hold a public hearing and review all applications according to the procedure specified in Mass. Gen. Laws Ch. 40A § 11. (5) Criteria for Plan Approval The Approving Authority shall approve the Development Project upon the following findings: a. The Applicant has submitted the required fees and information as set forth in applicable Regulations; and b. The proposed Development Project as described in the application meets all of the requirements and standards set forth in this Section 4.12, applicable Design Standards and the AA regulations, or a waiver has been granted there from; and c. Any extraordinary adverse potential impacts of the Project on nearby properties have been adequately mitigated. For a Project subject to Affordability requirements, compliance with Condition b. above shall include written confirmation by the Monitoring Agent that all Affordability requirements have been satisfied. (6) Criteria for Plan Denial A Plan Approval application may be disapproved only where the Approving Authority finds that: a. The applicant has not submitted the required fees and information as set forth in the regulations; or b. The Project as described in the application does not meet all the requirements and standards set forth in this. Section 4.12, applicable Design Standards and the AA Regulations, or that a required waiver there from has not been granted; or c. It is not possible to adequately mitigate significant project impacts on nearby properties by means of suitable conditions. 18 (7) Time Limit The decision of the AA shall be made, and written notice of the decision filed with the Town Clerk within 120 days of receipt of the Application by the Town Clerk. This time may be extended by mutual agreement between the AA and the Applicant by written agreement filed with the Town Clerk. Failure of the AA to take action within said 120 days or the extended time shall be deemed an approval of the Plan Approval application. 4.12.12 Waivers Upon request of the Applicant, the Approving Authority may waive dimensional and other requirements, including design standards, with conditions, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the DSGD and the Reading Master Plan, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses and/or physical character allowed under this Section 4.12. Notwithstanding anything to the contrary in this Zoning By-Law, the Affordability provisions of Section 4.12.10 shall not be waived. The Approving Authority will take into consideration the following items when considering a waiver: 1) High performance energy efficient buildings and construction methods. 2) Projects with publicly accessible open space. 3) Projects that include retail and restaurants located on street level. 4) A demonstrated shared parking initiative that makes efficient use of land and existing parking supply. 5) The preservation or rehabilitation of historic properties or other buildings considered significant to the Town. 4.12.13 Plan Changes After Approval by Approving Authority 4.12.13.1 Minor Plan Changes After Plan Approval, an Applicant may apply to make minor changes in a Development Project involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall 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. 19 4.12.13.2 Major Plan Changes Those changes deemed by the Approving Authority to constitute a major change in a Development Project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the Approving Authority as a new application for Plan Approval pursuant to this Section 4.12. 4.12.14 Fair Housing Requirement All Development Projects within the DSGD shall comply with applicable federal, state and local fair housing laws. 4.12.15 Project Phasing The Approving Authority may allow a Project to be phased at the request of the applicant or to mitigate any extraordinary adverse impacts on nearby properties. For projects that are approved and developed in phases, the proportion of Affordable units shall be consistent across all phases and the proportion of Existing Zoned Units to Bonus units (as those terms are defined in 760 CMR 59.00 shall be consistent across phases. 4.12.16 Decisions The Approving Authority shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected and the plans that were the subject of the decision and certifying that a copy of the decision has been filed with the Town Clerk. If 20 days have elapsed after the decision has been filed with the Town Clerk without an appeal having been filed, or if such appeal having been filed is dismissed or denied, the Town Clerk shall so certify on a copy of the decision. A copy of said decision shall be filed with the Middlesex South District Registry of Deeds. A Plan Approval shall remain valid and run with the land indefinitely, provided that construction has commenced within two years after the decision is issued, which time shall be extended by the time required to adjudicate an appeal and which time shall be extended if the project proponent is actively pursuing other required permits or there is other good cause for failure to commence. The Approving Authority may require the posting of a performance bond to secure and/or screen a Development Project site in the event that demolition is undertaken but subsequent work lapses, for any reason within or outside the applicant's control, for a period longer than one year. 20 4.12.17 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 Section 5 of Chapter 40A of the General Laws and Chapter 40R of the General Laws; provided, however, that an Applicant may not proceed with construction pursuant to this 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. 4.12.18 Severability If any provision of this Section is found to be invalid by a court of competent jurisdiction, the remainder of this Section shall not be affected but remain in full force. The invalidity of any provision of this Section 4.11 shall not affect the validity of the remainder of the Town's Zoning By-Law. 4.12.19 Amendments to Design Standards The AA may adopt, by majority vote, amendments to the Design Standards. Any amendment to the Design Standards must be objective and not subjective and may only address the scale and proportions of buildings, the alignment, width, and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs, and buffering in relation to adjacent properties. DHCD may, at its discretion, require any amendment to the Design Standards to contain graphics illustrating a particular standard or definition in order to make such standard or definition clear and understandable. Before adopting any Design Standard, the AA shall submit the proposed Design Standard to DHCD for approval. Any amendment to the Design Standards shall not take effect until approved by DHCD and filed with the Town Clerk. An application for Plan Approval that has been submitted to the Town Clerk pursuant to this Section 4.12 shall not be subject to any Design Standard that has not been approved-by DHCD and filed with the Town Clerk. And to see if the Town will vote to amend the Zoning Map of the Town of Reading as follows: 21 T N J S S S 13 Z S i. J~ ~T } T 3 } f. } W } CazXiSW+~,tf .~Lf,S~l1'~G'X i. ~~r. Liz . t} } } } 3 aWj) t1G1 LI5 ..y N.s I ~'4. S t R~Eltl 53 { t '-s tl.. E t t ~t S - off( u.. fi-Suy~~~.~~~ S" }SS I I {S i Singl Family '1b ~iarict L -G-0 Parcel Bain Zonlnp o..orlav olatrl0ta .v-qo rT: g"iT] other Overlay ~Istrlcts E`.7 A-e0 piTM S smart Growth Dlstrlot Bus. A 6L 'IrlC55 - } 1. ~ I A ~istrtct ~ E' i Bub. B Bea. c pOWNTOWN SMART Mop by Town .1 Road lnp Map l- 7- N 6-,6 GROWTH 0/STR/CT Planlma td, features from a eVl P ° t~ogd z;26; S-20 ZON/NG MAP 5-4 o,_ o s ao 0 100®o_l Ind. or take any other action with respect thereto. Community Planning and Development Commission Background: The 2005 Master Plan outlines goals for the community including Downtown revitalization through expanding housing and mixed use in the Downtown area. The Master Plan's Housing Chapter directs the Community Planning and Development Commission (CPDC) to develop Mixed-Use Zoning in the Downtown. Creating affordable housing through rehabilitation and reconstruction of existing buildings is suggested. The plan recommends that new developments be consistent with Reading's character and identity and be designed to help meet State mandated affordable housing goals. Existing Downtown zoning restricts property owners who wish to expand uses and rehabilitate or develop properties. The underlying zoning for Downtown, Business B, allows business uses only. Residential use is not allowed under Business B zoning. A mixed-use overlay district which allows residential uses was adopted some years ago, and that is problematic as well, and has never been used. In an effort to address zoning hurdles noted above, as well as promote redevelopment of key properties Downtown, a 40R Downtown Smart Growth District (DSGD) has been developed as a zoning tool to make Downtown more viable. The proposed DSGD allows housing and mixed. use by right in the Downtown core (see map 22 above). The 40R district is an overlay district that is optional, comprised of approximately 25.76 acres. Chapter 40R Smart Growth Districts are State approved, designated zoning districts. They are generally found in locations that have existing infrastructure, existing business development, and are close to transportation. Smart Growth districts allow for higher densities than the underlying zoning allows and promote mixed use. The DSGD Application was submitted to the. Massachusetts Department of Housing and Community Development (DHCD) by a vote of the Board of Selectmen in July, 2009. DHCD approved Readings Smart Growth bylaw and design standards in a letter of eligibility dated October 16, 2009. At full build out, 256 housing units could be developed in downtown. This assumes that every parcel in the DSGD is built to its maximum density, including properties that are unlikely to be developed - like the US Post Office, the Masonic Hall, etc. A more realistic development potential is 175 housing units built over some considerable period of time as properties might be re-developed. In the short-tern, the only properties that are likely to be redeveloped are the former Atlantic property and the MF Charles property, and the potential residential development there could yield a maximum of 65 residential units. MGL Chapter 40R requires that 20% of the total housing units be affordable. Affordable housing is defined as households earning under 80% of the area median income. In Reading 80% of median income for a family of 4 is $67,400. . The affordability restriction will help the Town attain a level of 10% affordable housing stock. At full build-out, 51 affordable units would be added to the Town's Subsidized Housing Inventory (SHI). Communities that have met this 10% threshold are not vulnerable to 40B (comprehensive permit) requests that by-pass local zoning. The (CPDC) has been working on the DSGD bylaw and accompanying design guidelines for the past two (2) years. CPDC's publicly posted and televised meetings have allowed for transparency during the development of the DSGD. On March 9, 2009, CPDC held a widely advertised public forum. On July 13, 2009, a combined Board of Selectmen/CPDC joint public hearing was also held to get comments on the proposal. The benefits of the DSGD are: • A tool for Downtown revitalization; • Allows housing by right - promotes housing diversity (affordable housing); • Promotes mixed-use (1 st floor retail; housing above); • Uses existing infrastructure for new development; • Requires design standards; CPDC would review ALL proposed projects in the district; • Spin off to businesses of added residents Downtown; • Reduces pressure to spread out Downtown; • Maximizes use of land and existing infrastructure; • Ensures quality site planning through plan review and design guidelines; • Qualifies for State financial incentives and gives Town priority for State grants. 23 If Town Meeting approves the Downtown Smart Growth District (DSGD), the State is expected to issue their final approval in January of 2010. Without approval of the DSGD, the underlying zoning Downtown would remain which does not support residential or mixed use. The difficulty meeting the requirements of the Mixed Use overlay district would stall the re-use of projects such as the former Atlantic Supermarket, MF Charles Building and others. Finance Committee Report: Action pending. Bylaw Committee Report: Action pending. CPDC Report: The CPDC held a hearing on this Article on November 2, and will be taking action on their recommendations on November 23. The details of the report will be given at Town Meeting on November 30. Economic Development Committee Report: See the report in the Appendix. 24 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 30, 2009, 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 20th day of October, 2009. Ben Tafoya, Chairman James E. Bonazoli, Vice Chairman Camille W. Anthony, Secretary Richard W. Schubert Stephen A. Goldy SELECTMEN OF READING Alan Ulrich, Constable 25