HomeMy WebLinkAbout2009-11-17 Board of Selectmen PacketPage 1 of 1
Marino, Lillian
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.
11/17/2009 2
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.
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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 agreed on a half dozen
priorities
3 Complete Downtown 40R 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 trying to get West Street funded.
Operations
1. Manage next steps in implementation of technology improvements including the
MUNIs software and Records Management:
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• 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
billing 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 doinq additional public outreach. We are consol►dat►n_q
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 ►n 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.
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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,
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 project in Feb and are workin_q 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
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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.
Libra 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.
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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.
I 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
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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.
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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:
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(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 Definons
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.
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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 31St 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.
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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.
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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.
NOWRESIDENTIAL 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.
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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.
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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
Other Mixed-Use
Building Type
Commercial 1St
or Residential Only
Floor
Maximum Floor Area Ratio (FAR)
3.4
2.4
(Gross Floor Area / Lot Size)
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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
1 See 7. 1.1 of the Design Standards for front fagade setback requirements
2 See 7.1.2 of the Design Standards for building step-back requirements
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
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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:
leaseable space in excess of 2,000 ft.
1 space per 2,000 ft.
18
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 Parking Requirements
The Approving Authority may grant a Plan Approval making such modifications in the
standards or prescribe safeguards and conditions as it shall warrant appropriate,
provided that it finds that it is impractical to meet the standards and that such
modifications are appropriate by reason of the proposed use and will not result in or
worsen parking or traffic problems in the DSGD. The Approving Authority may
impose conditions of use or occupancy appropriate to such modifications.
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
riot 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.
19
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.
i3
20
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.
9"0 1
21
(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): ~y
22
(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
23
(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.
24
(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.
9-)
25
(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 Flan 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.
26
4.12.13.2 Maior 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.
27
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:
28
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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 Readind'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. They
proposed DSGD allows housing and mixed use by right in the Downtown core (see map
T
29
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 (Vt 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.
~131
30
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.
31
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
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32
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c/o Reading Depot, 32 Lincoln St., Reading 01867
Reading Board of Selectmen
16 Lowell St.
Reading, MA 01867
November 9, 2009
Dear Selectmen,
70,
M
Making Reading Better (MRB) would like to thank the Board for hosting the receroisc Uu-
on Customer Service. We hope the attendance for that subject at the meeting demoastrat
keen interest in initiatives to improve Reading. Your willingness to have that disct3ion5RE2
wonderful testament to your ongoing commitment to our community. The positive0xchffl,
ideas is encouraging to all of us who desire to make our town exceptional. One concept raised at that meeting was the implementation of a policy to requeWfoodback on
every citizen transaction by requiring employees to hand out one of the green Customer Service
cards with each interaction. Seeking feedback directly and consistently is a great reminder to all
that courtesy and respect are important elements of conducting business. This policy would also
assure the effective ability to help meet the customer's needs. The information acquired with
ongoing use of these cards will acknowledge outstanding performance of valuable employees
while reassuring citizens that their assets are being well utilized. This practice can also identify
ways to improve service and provide statistics on the number of customer interactions that have
taken place.
MRB urges the Selectmen to implement this policy as a valuable tool to improve the process of
conducting business in Reading. A culture of caring about our citizens, businesses and
employees created by improved interactions will benefit everyone. The adoption of this policy
in the near future will send a signal to all that Reading is committed to improvement.
We again thank the Board for their dedicated service to our wonderful community and their
support for improving customer service. Please advise us as soon as possible if this is an
initiative the Board intends to pursue. If MRB can be of any assistance in implementing this
suggestion, please feel free to contact us.
Very Truly Yours,
Making Reading Better
As represented by the undersigned:
/ c
Cc: P. Hechenbleikner
6P
33
COMMONWEALTH OF MASSACHUSETTS
SENATE MINORITY LEADER
STATE HOUSE. BOSTON 02133-1053
-20 OCT 3 u PM 1: 13
SENATOR RICHARD R. TISEI
MIDDLESEX AND ESSEX
ROOM 308, STATE HOUSE
(617) 722-1206
MEMORANDUM
TO: Local Elected and Municipal Officials
FROM: Senator Richard R. Tisei
DATE: October 29, 2009
RE: Governor Patrick's 9C Cuts and Potential Local Aid Reductions
t (C
C- C4
DISTRICT OFFICE
979 MAIN STREET
WAKEFIELD, MA 01880
(781) 246-3660
As you know, Governor Deval Patrick announced a new round of 9C budget cuts today to
address an estimated $600.million shortfdffin state revenues in the Fiscal Year 2010 (FY10)
state budget. In conjunction with these cuts, the Governor has also filed a supplemental budget
asking the Legislature for expanded 9C powers, which would allow him to make further
reductionsin die.local aid allocation for cities and towns.
First, let me assure you that I have no intention of giving Governor Patrick expanded 9C
powers. Cities and towns have already been forced to undergo a round of local aid cuts this year,
and have taken the necessary steps to trim expenses and live within their reduced budgets. They
should not be asked to absorb additional funding cuts just because the state has failed to take
similar belt-tightening measures (see enclosed column).
Unfortunately, there appears to be enough support among my colleagues in the
Legislature to give the Governor the power he is seeking. With the Legislature scheduled to
recess for the holidays on November 18, and not scheduled to return to formal sessions until after
the first of the year, my concern is that the Governor will soon be granted these powers and will
move quickly to implement his local aid cuts before the year is over.
Rather than resorting to local aid cuts, Governor Patrick and the Legislature should be
looking for ways to trim wasteful spending and increase efficiencies in state government. If we
do this, I am certain that we can close the budget deficit and still find enough money within the
$28 billion`state budget to fully fund local aid and protect essential municipal services, including
education' and public safety: -
Throughcufthe FYI0 budget debatethis'spring; I cautioned my°colleagues and the
Patrick Administration on the spending levels incorporated in the state budget. With state
2,P
34
revenue collections falling short of their original estimates, Governor Patrick failed to take such
basic preventive measures as implementing a hiring and wage freeze, as many private sector
employers and municipalities have already done. These were just two of the more than $1
billion in cost-saving and revenue-enhancing reforms I offered which were summarily rejected
by my colleagues. Rather than rein in spending, the Governor and the Legislature chose to raise
taxes and fees, which any economist will tell you is the absolute worst thing to do during a
recession.
I voted against this year's budget for the same reasons I voted against the FY09 spending
plan: it was clearly out of balance and relied on overly-optimistic revenue projections and heavy
borrowing from reserves. The recent free-fall in state revenues that precipitated today's 9C cuts
shows my concerns were well-founded.
The state now finds itself in a situation where its ability to increase revenues to offset the
projected budget deficit is severely limited. The recent increases in the sales, corporate, motel,
alcohol, satellite TV and meals taxes - along with the many fee increases imposed by agencies
such as the Registry of Motor Vehicles and the Department of Conservation and Recreation -
have essentially taken these options off the table for addressing this year's revenue crisis. The
only remaining solutions with the potential to generate significant revenues at this point would
be through expanded gaining or an increase in the income tax rate. However, the gaming debate
is not far enough along to ensure that any revenues will be available in FY 10, and an income tax
increase would destroy any hopes for Massachusetts to make a speedy economic recovery once
the recession is over.
While some of my colleagues believe that giving Governor Patrick expanded 9C powers
is the only viable option left to balance the budget, I believe this would constitute a gross
dereliction of duty by the Legislature. The Legislature is responsible for producing a balanced
spending plan, and should not abdicate its responsibility by passing the state's fiscal problems on
to local cities and towns.
There has been some talk about passing another Municipal Relief Bill that would assist
cities and towns by changing some of the existing laws and regulations affecting municipalities.
If you have any ideas or suggestions on how the state could be most helpful to your community,
now would be the best time to let me know so that I can try to incorporate these proposals into
the upcoming legislation.
As we move forward, I will be sure to keep you updated on the local aid situation. Please
know that my office is always open to you, and that I welcome your input. Feel free to call me at
(617) 722-1206 or e-mail me at richard.tiseigstate.ma.us with any questions or concerns you
may have.
3
35
Dail; Item, Tuesday, October 27, 2009
Governor Patrick is expected to
announce as early as this week his
plans for closing a projected $600
million shortfall in the FY2010
state budget.
The Governor's decision to
exercise his 9C budget-cutting
powers follows news that first-
quarter tax revenues collected
between July and September
came in not only $477 million
lower than last year, but also $212
million short of the year-to-date
benchmarks. With revenues con-
tinuing to trend downward, some
economists believe the actual
deficit could end up being closer to
$1 billion or more.
Patrick offered a general outline
of how he will address the shortfall
on Oct. 15 but those programs that
rely on state funding are still wait-
ing anxiously for specific details
on which line items will be cut and
by how much. Coupled with news
that the state unemployment rate
is now at 9.3 percent - its highest
level in 33 years - the Governor's
announcement shows that
Massachusetts still has a long way
to go before it emerges from the
global recession and begins the
process of growing the economy
and adding new jobs.
Given the grim fiscal news, you
would think the Governor and the
Legislature would be working
hand-in-hand doing everything
possible to tackle the deficit head-
on. But the reality is, there has
been a general lack of urgency on
Beacon Hill, despite the sheer
magnitude of the fiscal challenges
we are facing.
Governor Patrick and the
Legislature have been taking small
steps to mitigate the budget short-
fall but have failed to adopt many
of the significant belt-tightening
measures that are needed to guide
the state through the current fiscal
crisis. This lack of decisive action
from the administration and legis-
lators is only making things worse.
I warned many months ago that
the budget was balanced on "a
hope and a prayer" and voted
against what was clearly an unsus-
tainable spending plan. The recent
free-fall in state revenues has
underscored just how flawed the
budget really was.
Unfortunately, Governor Patrick
has been slow to react to the
state's fiscal problems. All along,
he has been two steps behind the
crisis and has generally taken a
"wait and see" approach rather
than any decisive action.
For months now, I've been
advocating a series of cost-cutting
and revenue-generating reforms
that, collectively, would save the
state more than $1 billion.
If we're really serious about
bringing state spending under
control, then we need to imple-
ment an immediate hiring and
wage freeze, just like many private
employers have done. That will
save us at least $140 million.
We also need to move the
state's Medicaid recipients into
managed care plans to rein in
health care costs, which should
save about $250 million. And
while we're at it, we should repeal
the anti-privatization Pacheco
Law, which could easily save tax-
payers $250-$500 million.
Governor Patrick's Fiscal
Management Plan allows for
some outsourcing of state pro-
grams but it does not go far
enough to have any meaningful
impact.
The Governor has also
embraced the idea of selling off
surplus state property. I have
long argued that a streamlined
sales process could generate $25
million in new revenues.
There are many other ways we
can save taxpayers' money and
promote efficiencies. Adopting a
prescription medication waste
reduction plan, for example,
would save $75 million and pur-
suing private sponsorship and
naming rights for certain state
facilities and assets - where
appropriate - could generate
another $25 million.
Extending the state's pension
liability funding schedule by
three years would free up $300
million and requiring all state
agency reports to be distributed
electronically would save anoth-
er $10 million in printing and
postage costs. We can also real-
ize additional savings by remov-
ing the prescription drug man-
date from Commonwealth Care
($10 million); eliminating the
Lottery advertising account ($2
million); and repealing the com-
bined reporting law ($50 million),
which will also help improve the
state's business climate and
stimulate jobs creation.
It's very frustrating to see the
Legislature getting bogged down
with frivolous legislation (do we
really need to designate the
Fluffernutter as the Official State
Sandwich?) when we should be
rolling up our sleeves and taking
immediate action to address the
fiscal crisis. The Legislature
should be meeting in emergency
session to decide what can be
done to jumpstart the
Massachusetts economy, restruc-
ture government and make serv-
ice delivery more efficient.
It's really all a matter of setting
priorities. And the most impor-
tant thing the Governor and the
Legislature can do right now is to
make the tough decisions need-
ed to close the budget deficit
before it spins even further out of
control.
3 J 3
36
State fcriso~ a dgm action
LI c 6 05
Town of Reading
16 Lowell Street
Reading, MA 01867-2683
ECONOMIC DEVELOPMENT COMMITTEE
05 November 2009
TO: Board of Selectmen, Community Planning and Development Commission (CPDC)
FROM: Economic Development Committee (EDC)
RE: Article 5 Recommendation
The Economic Development Committee at its meeting on October 21, 2009 voted to recommend
the passage of Article 5 of the Special Town Meeting to be held on November 30, 2009.
The EDC believes that this article relative to Smart Growth 40R is the best path to encourage
economic development in the town consistent with the goals of the Master Plan and with the
vision of the Downtown as expressed by the EDC and by the CPDC.
The EDC notes that the three most significant potential developments under consideration in the
town have been 40R Smart Growth Projects. This certainly indicates the economic feasibility of
this zoning change and the willingness of developers to undertake projects within this zoning,
despite the uncertainty and the problems in today's real estate market.
The EDC also can not overemphasize the importance of the town's ability to implement design
guidelines under this zoning allowing the town to help insure that buildings within this zoning
contribute to the desired character of the Downtown and make it a desirable place to shop, visit
and do business in.
The introduction of residential units can, in the opinion of the EDC, only enhance the vigor and
the vibrancy of the Downtown contributing to the desired image of Reading as a town village.
That the zoning also contributes to the affordable housing shortfall in Reading is a bonus, and
begins to alleviate the potential for prime economic real estate being utilized for developments
that would neither contribute to economic progress nor necessarily contribute to the character of
Reading.
The EDC strongly recommends that the Board of Selectmen and the CPDC support the subject
matter of Article 5 and stands ready to work with them on moving the proposed zoning forward.
Respectfully submitted,
Economic Development Committee
Meghan Young-Tafoya, Chair, Sheila Clarke, Vice Chair, Russ T. Graham, George Rio and
Michele Williams
37
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Page 1 of 1
6 -S'
Schena, Paula
From: Hechenbleikner, Peter
Sent: Friday, October 30, 2009 2:01 PM
To: Lois Bell; Delios, Jean; Reading - Selectmen
Cc: Town Manager; Schena, Paula
Subject: RE: Smart Growth
Lois
The Town is still in touch with National Development - the developers of the Addison Wesley property. There is
no activity on this site at this time.
With respect to OakTree development who has the Atlantic property under agreement, their plans are for
underground parking for 70 to 80 vehicles, first floor retail uses, and 3 stories (50 units) of residential use above
the retail use. There is no expected impact of the parking or first floor uses over and above what existed on the
property q year ago when the Atlantic ceased business operations. With respect to the residential uses, the
underground parking is for the residential uses and perhaps some of the retail employees. There is adequate
surface parking in the municipal lot and the street for the retail uses. .
The types of residential uses planned do not generally create a significant'demand for schools, police, or fire
services. If the school use is significant, there is a 40S program which is combined with the 40R zoning, which
will reimburse the Town for extraordinary costs over and above the local. property tax revenue that would be paid
by the development.
Pete
I/c Board of Selectmen
From: Lois Bell [mailto:loisbell@verizon.net]
Sent: Friday, October 30, 2009 10:25 AM
To: Delios, Jean; Reading - Selectmen
Cc: Town Manager
Subject: Smart Growth
A couple of things - What is the status of the Addison Wesley project, and is the town still in contact with the
developer?
Realizing the developer of the Atlantic site wishes to make as large a profit as possible by building up 4 stories
(which I feel is too high), what will be the impact to Reading on schools, police and fire if the current plan passes?
Will underground parking accomodate ALL the vehicles or will the problem of parking in neighborhoods become
even worse?
Thanks for listening, Lois Bell
10/30/2009 39
Page 1 of 2
Marino, Lillian
From: Hechenbleikner, Peter
Sent: Thursday, November 12, 2009 10:29 AM
To: Marino, Lillian
Subject: FW: Field User Fee Increase for Non-Residents
I/c Board of Selectmen
From: Feudo, John
Sent: Thursday, November 12, 2009 9:39 AM
To: Hechenbleikner, Peter
Subject: FW: Field User Fee Increase for Non-Residents
HI Peter,
The Recreation Committee discussed the email below on Tuesday Night. They voted unanimously to recommend
an exception for all challenger sports to pay the in-town rate of $10 per player no matter where they are from for
non-Reading Recreation run Challenger programs. They felt strongly that these challenger programs we host in
town are far and few between in the area and the participation of players from other communities are vital to make
the program run successfully here.
Interestingly, we, the Recreation Division run most of the challenger sports programs ourselves (Baseball,
Basketball, Bowling, All Sports), however Reading United Soccer is the group that runs challenger. soccer.
I believe this becomes the SOS's call as the park commissioners; however, the Recreation Committee's feeling is
now clarified. Please let me know what they think.
John
John A. Feudo
Recreation Administrator
Town of Reading
From: Reading - Selectmen
Sent: Tuesday, October 27, 2009 2:33 PM
To: Donnelly Moran Family
Cc: Feudo, John
Subjecti RE: Field User Fee Increase for Non-Residents
Dear Charles :
Thank you for sending an email to the Board of Selectmen. The. Board has adopted a policy of not
sending substantive responses to emails in order to try to stay in compliance with the Commonwealth's
open meeting law which prohibits policy discussions by the Board outside of an open public meeting.
Please understand that the Board values your input on issues and your correspondence will be included
in the materials circulated to the Board prior to its next meeting and it is available as part of the public
record. The Board members will have a chance to comment during an upcoming public meeting.
If you want to have a personal discussion of the issue with a member of the Board, we hold "office"
hours in Reading Town Hall before the first regularly scheduled meeting of each month at 6:30 PM in
the first floor conference room. The Board of Selectmen meeting schedule is posted on the web site at
www.readingMa.gov. I
11/12/2009 .40
3~~
Page 2 of 2
Additionally, each of the members of the Board of Selectmen has a listed home phone number:
Ben Tafoya
781-944-3178
James Bonazoli
781-944-5116
Camille Anthony
781-944-3506
Rick Schubert
781-942-1617
Steve Goldy
781-779-1773
This email is being cc'd to our Recreation Administrator who can let the Board of Selectmen know what
the situation is with respect to any Special Needs programs, and whether or not they are charged fees,.
and whether non-residents are part of such programs.
Thank you again for contacting the Board of Selectmen.
Camille Anthony
Secretary
Reading Board of Selectmen
1/c Board of Selectmen
From: Donnelly Moran Family [mailto:donnellymo@gmail.com]
Sent: Sunday, October 25, 2009 4:40 PM
To: Reading - Selectmen
Subject: Field User Fee Increase for Non-Residents
Hello,
I recently saw on a RCTV broadcast of a Selectmen's Meeting that the user fee was now being
increased to $100 per season for each non-resident member of a sports team using a town owned field. I
understand the reasons given for this increase.
There was no discussion at the meeting of any sports teams that were for athletes with special needs.
I know that there is such a team that plays soccer on Sunday afternoons at Longwood, and I believe
there had at one point in time been a similair T ball program. I don't know if the town currently charges
a user fee for these teams, but if they do, I would not want these families to have to pay the additional
expense to participate if they are a non-resident. I believe that the programs for athletes who have
special needs sometimes have trouble finding enough residents to field a whole team and that our
residents would therefore greatly benefit from the town not erecting a barrier for them to have the
opportunity to participate in a sports program in town even if it required the participation of some non-
residents. I know that our community benefits from having services in town for all of our residents.
Thanks you for your reconsideration of this matter.
Charles Donnelly Moran
3~2
11/12/2009 41