HomeMy WebLinkAbout2007-12-10 Special Town Meeting MinutesCOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on November 14, 2007 notified and warned the
inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the
place and at the time specified by posting attested copies of this Town Meeting Warrant
in the following public places within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2 Registry of Motor Vehicles, 275 Salem Street
Precinct 3 Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Austin Preparatory School, 101 Willow Street
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 . Mobil on the Run, 1330 Main Street
The date of posting being not less than fourteen (14) days prior to December 10, 2007,
the date set for the Special Town Meeting in this Warrant. .
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue of November 23, 2007.
A true copy. Attest:
heryl A ohnson, To n 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, December.10, 2007, at seven-thirty o'clock in the
evening, at which time and place the following articles are to be acted upon and
determined exclusively by Town Meeting Members in accordance with the provisions of
the Reading Home Rule Charter.
ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town
Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town
Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement
Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees,
Community Planning & Development Commission, Conservation Commission, Town
Manager and any other Board or Special Committee.
Board of Selectmen
ARTICLE 2 To choose all other necessary Town Officers and Special
Committees and determine what instructions shall be given Town. Officers and Special
Committees, and to see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of funding Town Officers
and Special Committees to carry out the instructions given to them, or take any other
action with respect thereto.
Board of Selectmen
ARTICLE 3 To see if the Town will. vote to amend the rY 2008 - FY 2018,
Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule
Charter, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 4 To see if the Town of Reading will vote to amend the Zoning By-
Laws by adding to Section 4.0, Use Regulations, a new Section 4.11. entitled Gateway
Smart Growth District to read as follows:
4.11. Gateway Smart Growth District (the "GSGD")
4.11.1 Purposes. The purposes of the GSGD are:
4.11.1.1. To establish a Smart Growth Overlay District to encourage smart
growth in accordance with the purposes of Mass. Gen. Laws Ch. 40R.
The GSGD will allow for multi-family housing, which will help provide
additional affordable housing opportunities within the Town of
Reading.
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4.11.1.2. To implement the objectives. of both the EO 418 Reading Community
Development Plan (2004) and the Reading Master Plan (2005), which
identified the area within the GSGD for mixed-use development.
4.11.1.3. To ensure high quality site planning, architecture and landscape
design that enhances the distinct visual character and identity of
Reading and provides an environment with safety, convenience and
appropriate amenities.
4.11.1.4. To provide for a diversified housing stock within Reading, including
affordable housing and housing types that meet the needs of the
Town's population, all as identified in the EO 418 Reading Community
Development Plan (2004), the Reading Master Plan (2005), and the
Reading Housing Plan (2006).
4.11.1.5. To generate positive tax revenue, and to benefit from the financial
incentives provided by Mass. Gen. Laws Ch. 40R, while providing the
opportunity for new residential development.
4.11.2 Authority and Applicability. The GSGD is established pursuant to the
authority of Mass. Gen. Laws Ch. 40R and 760 CMR 59.00. At the option
of the Applicant, development of land within the GSGD may be
undertaken by means of a Plan Approval pursuant to the zoning controls
set forth in this Section 4.11, or by complying with all applicable
Underlying Zoning controls set forth in the Town of Reading Zoning By-
Laws. Notwithstanding anything to the contrary in the Zoning By-Laws,
Development, Projects proceeding under this Section 4.11 shall be
governed solely by the provisions of this Section 4.11 and the standards
and/or procedures of the Underlying Zoning shall not apply. Development
Projects proposed pursuant to this Section 4.11 shall not be subject to
any other provisions of the Zoning By-Laws, including limitations upon the
issuance of building permits for residential uses related to a rate of
development or phased growth limitation or to a local moratorium on the
issuance of such permits, or to other building permit or, Dwelling Unit
limitations.
4.11.3 Establishment and Delineation of GSGD. The GSGD is an overlay
district that is superimposed over the Underlying Zoning district. The
boundaries of the GSGD' are delineated as the "Gateway Smart Growth
District `GSGD"' on the Reading Zoning Map on file in the office of the
Town Clerk, said map hereby made a part of the Zoning By-Laws.
4.11.4. Definitions. As used in this Section 4.11, the following terms shall have
the meanings set forth below:
ACCESSORY BUILDING - A detached single story building the use of which is
custorharily incidental and subordinate to that of the principal building and which
is located on the same lot as that.occupied by the principal building. An
Accessory Building shall not be used to house people, domestic animals, or
livestock. Nor shall it be used as an independent commercial enterprise. An
Accessory Building located within 10 feet of the principal building shall be subject
to the dimensional requirements applicable to the principal building.
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ADMINISTERING AGENCY - An organization designated by the Reading Board
of Selectmen, which may be the Reading Housing Authority or other qualified
housing entity, with the power to monitor and to enforce compliance with the
provisions of this By-Law related to Affordable Units, including but not limited to
computation of rental and sales prices; income eligibility of households applying
for Affordable Units; administration of an approved housing marketing and
resident selection plan; and recording and enforcement of an Affordable Housing
Restriction for each Affordable Unit in the GSGD. In a case where the
Administering Agency cannot adequately carry out its administrative duties, upon
certification of this fact by the Reading Board of Selectmen or by DHCD, such
duties shall devolve to and thereafter be administered by a qualified housing
entity designated by the Reading Board of Selectmen or, in the absence of such
timely designation, by an entity designated by the DHCD.
AFFORDABLE UNIT - An Affordable Rental Unit or an Affordable
Homeownership Unit that is affordable to and occupied by an Eligible Household.
AFFORDABLE HOUSING RESTRICTION - A deed restriction of an Affordable
Unit meeting statutory requirements in Mass. Gen. Laws Ch.184 § 31 and the
requirements of Section 4.11.10 of this By-Law.
AFFORDABLE RENTAL UNIT - A Dwelling Unit required to be rented to an
Eligible. Household in accordance with the requirements of Section 4.11.10 of this
By-Law.
AFFORDABLE -HOMEOWNERSHIP UNIT - A Dwelling Unit required to be sold
to an Eligible Household in accordance. with the requirements of Section 4.11.10
of this By-Law.
APPLICANT - A landowner or other petitioner who files a plan for a Development
Project subject to the provisions of this By-Law.
APPLICATION -.A petition for Plan Approval filed with the Approving Authority
by an Applicant and inclusive of all required documentation as specified in
administrative rules adopted pursuant to Section 4.11.11.
APPROVING AUTHORITY - The Community Planning and Development
Commission (CPDC) of the Town of Reading acting as the authority designated
.to review projects and issue approvals under, tthis, Section 4.11.
AS-OF-RIGHT DEVELOPMENT : A Development Project allowable under this
Section 4.11 without recourse to a special permit, variance, zoning amendment,
or other form of zoning relief. A Development Project that is subject to the Plan
Review requirement of this Section 4.11 shall be considered an As-of-Right
Development.
BASEMENT - The lowest floor level of a building which is either fully or partially
below grade, whether or not fully enclosed.
BUILDING - A structure enclosed within exterior walls whether portable or fixed,
having a roof or other coverings for the shelter of persons, animals or property.
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CONSERVATION USE - Any woodland, grassland, wetland, agricultural or
horticultural use of land, any use of land for the construction and use of ponds or
storm water management facilities.
DEPARTMENT - The Massachusetts Department of Housing and Community
Development (DHCD) or any successor agency.
DESIGN STANDARDS. - Design Standards included in Sec. 4.11.9 of this By-
Law and made applicable to Projects within the GSGD that are subject to the
Plan Approval process. The Design Standards are applicable to all Development
Projects within the GSGD that are subject to Plan Review by the Approving
Authority.
DEVELOPABLE LAND - All land within the GSGD that can be feasibly
developed into Development Projects. Developable Land shall not include: the
rights-of-way of existing public streets and ways; or areas that are: (1) protected
wetland resources (including buffer zones) under federal, state, or local laws; (2)
land located within the Flood Plain Zoning District in the Town of Reading and
subject to seasonal or periodic flooding; or (3) rare species habitat designated
under federal or. state law. The foregoing definition shall be for purposes of
calculating density under Section 4.11.7.1 and shall not limit development
activities in such excluded areas if otherwise allowed by applicable law.
DEVELOPMENT LOT = One or more lots which are designated as a
- Development Lot on ,a plan for a development proposed within the GSGD and for
which Plan Approval is required under the provisions of this Section 4.11. The
lots comprising a Development Lot need not be in the same ownership. Where
the Development Lot consists of more than a single lot, the lots, in combination,
shall be treated as the Development Lot, may be contiguous or non-contiguous
and shall be considered as one lot for the purpose of calculating parking
requirements and Dwelling Units per acre. Any development undertaken on a
Development Lot is subject to the Design Standards established under
Section 4.11.9 of this By-Law.
.DEVELOPMENT PROJECT or PROJECT- A residential development
undertaken under this Section 4.11. A Development Project shall be identified on
the Plan which is submitted to the Approving Authority for Plan Review.
DWELLING Any building or structure used in whole or in part for human
habitation.
DWELLING UNIT - A structure or a portion of a structure containing in a self
sufficient and exclusive manner facilities for sleeping, bathing, and cooking,
including one full kitchen and full bathroom facilities as defined by the
Massachusetts State Building Code. The following types of Dwelling Units are
specifically defined:
MULTI-FAMILY DWELLING UNITS A residential building containing
four or more Dwelling Units designed for occupancy by the same number
of families as the number of Dwelling Units.
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ONE-FAMILY DWELLING- A detached dwelling arranged, intended or
designed to be occupied by a single family.
ELIGIBLE HOUSEHOLD, LOW INCOME - An individual or household whose
annual income is below fifty percent (50%) of the area-wide median income as
determined by the United States Department of Housing and Urban Development
(HUD), adjusted for household size, with income computed using HUD's rules for
attribution of income to assets.
ELIGIBLE HOUSEHOLD MODERATE INCOME - An individual or household
whose annual income is below eighty percent (80%) of the. area-wide median
income as determined by the United States Department of Housing and Urban
Development (HUD), adjusted for household size, with income computed using
HUD's rules for attribution of income to assets.
FAMILY - One (1) or more persons living together in one (1) dwelling unit as a
single house-keeping unit, but not including fraternities, sororities or other
fraternal or communal living arrangements.
FRONTAGE - The continuous length of a lot line along a street line or Traveled
Way across which access is legally and physically available for pedestrians and
vehicles. The end of a street without a cul-de-sac may be considered frontage,
and may be extended into one or more Traveled Ways for the purpose of
providing frontage.
FLOOR AREA GROSS - The sum of the areas on the several floors of a
building or buildings measured from the outside surfaces of the exterior walls so
as to include the full thickness thereof.
FLOOR AREA, NET - The actual occupied area of a building or buildings not
including hallways, stairs, mechanical spaces and other non-habitable spaces,
and not including thickness of exterior or interior walls.
GARAGE, DETACHED - A detached -single story accessory building serving as
storage for personal vehicles or other items belonging to the occupants of the
premises that is used for residential purposes. Such building shall be fully
enclosed. A detached garage located within 10 feet of the principal building shall
be subject to the dimensional requirements applicable to the principal building.
GATEWAY SMART GROWTH DISTRICT or GSGD - An overlay zoning district
adopted pursuant to Mass. Gen. Laws Ch. 40R, in accordance with the
procedures for zoning adoption and amendment as set forth in Mass. Gen..Laws
Ch. 40A and approved by the Department of Housing and Community
Development pursuant to Mass. Gen. Laws Ch. 40R and 760 CMR 59.00.
HEIGHT OF BUILDING - The vertical distance measured at the center line of its
principal front from the established grade or from the natural grade if higher than
the established grade, or from the natural grade if no grade has been
established: to the level of the highest point of the roof beams in the case of flat
roof or roofs inclining not more than one inch to the foot, and to the mean height
level between the top of the main plate and the highest ridge in the case of other
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roofs. For buildings with more than one principal front, said vertical distance shall
be measured from the average of the established grade or natural grade, as
applicable, measured at the centerline of each principal front.
HOUSEHOLD INCOME MEDIAN- The median income, adjusted for household
size, as reported by the most recent information from, or calculated from
regulations promulgated by, the United States Department of Housing and Urban
Development (HUD).
IMPERMEABLE SURFACE - Natural or manmade material on the ground that
does not allow surface water to penetrate into the soil.
INFRASTRUCTURE LETTERS - The letters issued on behalf of the Town in
fulfillment of Massachusetts General Law Ch. 40R, § 6(a)(11) and 760 CMR
59.04(1)(h) identifying infrastructure improvements to be made incident to the
construction of one or more Development Projects in the GSGD.
LANDSCAPED AREA - Land area not covered by building, parking spaces and
driveways.
LOT - A parcel of land occupied or designed to be. occupied by principal and
accessory buildings or uses, including such open spaces. as are arranged and
designed to be used in connection with such buildings.
LOT COVERAGE - The percentage of the total lot area covered by principal and
accessory buildings and including any detached garages.
PEDESTRIAN WAY - A way intended for use by the general public for the
movement of, pedestrians which may include provision for use by cyclists.
Pedestrian Ways include:
PATH - A way that is not located immediately adjacent to and incorporated
within the design of a Traveled Way. A Path may proceed in a meandering
fashion where appropriate to site design. rather than the strictly linear
configuration expected of a Sidewalk.
SIDEWALK - A way that is located immediately adjacent to and incorporated
within the design of a Traveled Way.
PLAN - A plan depicting a proposed Development Project for all or a portion of
the GSGD and which is submitted to the Approving Authority for its review and
approval in accordance with the provisions of Section 4.11.11 of this By-Law.
PLAN APPROVAL - The Approving Authority's authorization for a proposed
Development Project based on a finding of compliance with this Section 4.11 of
the By-Law and Design Standards after the conduct of a Plan Review.
PLAN REVIEW - The review procedure established by this Section 4.11 and
administered by the Approving Authority.
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RECREATIONAL ACCESSORY USE - A use subordinate to a Principal
Residential Use on the same lot or in the same structure and serving a.purpose
customarily incidental to the Principal Residential Use, and which does not, in
effect, constitute conversion of the Principal Use of the lot, site or structure to a
use not otherwise permitted in the GSGD. Recreational Accessory Uses may
include, but are not limited to, greenhouse, tool shed, clubhouse, swimming pool,
tennis court, basketball court, and playground.
SERVICE AREA - Exterior locations of a building including, but not limited to,
dumpsters or containerized trash receptacles, metering stations and utilities.
SHARED PARKING FACILITIES - Parking facilities designed and intended to
serve more than a single use as shown on a Plan.
SIGN - Any word, number, emblem, picture, design, trademark or other device to
attract attention.
SINGLE FAMILY RESIDENCE DISTRICT - A zoning district allowing One-
Family Dwelling uses per the Zoning By-Law.
STRUCTURED. PARKING - Two or more levels of parking, vertically stacked,
either alone or integrated into a building.
TRAVELED WAYS - A way intended for use by the general public for the
movement of vehicles which may include provision for use by pedestrians and
cyclists through the use of bicycle lanes, sidewalks, shoulders and/or dedicated
travel lanes.
UNDERLYING ZONING - The zoning requirements adopted pursuant to Mass.
Gen. Laws Ch. 40A that are otherwise applicable to the geographic area in which
the GSGD is located, as said requirements may be amended from time to time.
UNDULY RESTRICT - A provision of the GSGD or a Design Standard adopted
pursuant to Mass. Gen. Laws Ch. 40R and 760 CMR 59.00 that adds
unreasonable costs or unreasonably impairs . the economic feasibility of a
proposed Development Project in the GSGD.
UNRESTRICTED UNIT - A Dwelling Unit that is not restricted as to rent, price or
eligibility of occupants.
USE, ACCESSORY - The use of a building or premises for purposes customarily
incidental to a permitted principal use.
USE, PRINCIPAL - The main or primary purpose for which a structure, building,
or lot is designed, arranged, licensed, or intended, or for which it may be used,
occupied, or maintained under this Section 4.11.
VILLAGE GREEN - An area of publicly accessible open space in the District that
may be landscaped with greenery or hardscape.
YARD - An open space on the same lot with a building.
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YARD, FRONT - The yard extending between the building and the street line
and extending across the full width of the lot.
YARD, REAR - The yard extending between the building and the rear line of the
lot and extending across the full width of the lot.
YARD, SIDE - The yard extending between the building and the side line of the
lot and extending from the front yard to the rear yard.
4.11.5 Permitted Uses
4.11.5.1.. The following principal uses shall be' permitted in the GSGD As-of-
Right upon Plan Approval pursuant to the provisions of this Section
4.11.:
Multi-
Family
Retail and
Office
Conservation
Recreational
Dwelling
Restaurant
Use, Accessory
Unit
GSGD
Yes
No
No
Yes
Yes
4.11.5.2. Parking accessory to any of the above permitted uses, including
surface parking; garage, parking under buildings, and above and
below grade structured parking, subject to the dimensional
requirements of this Section 4.11.
4.11.5.3. Accessory uses customarily incidental to any of the above permitted
uses.
4.11.6 Prohibited Uses or Activities in the GSGD. All uses not expressly
allowed are prohibited.
4.11.7 Dimensional and other Requirements. Notwithstanding anything to the
contrary in this Section 4.11, the. dimensional requirements applicable in
the GSGD are as follows:
4.11.7.1. Density. Subject to the limit on Maximum Residential Development in
Section 4.11.7.4 below, Multi-family residential uses shall be
permitted As-of-Right at a density of at least twenty (20) Dwelling
units per acre of Developable Land.
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4.11.7.2. Table of Dimensional Regulations
Table of Dimensional Regulations
Dimensional Control
Minimum Lot Area
N/A
Minimum Frontage min.
loft
Front Yard min.
10 feet
Side Yard min.
10 feet
Rear Yard min.
10 feet
Lot Coverage max.
60%
Landscaped Area min.
25%
Building Height max.
55 feet or 4 stories
Required Structure Setback from a
Single Family Residence District
100 feet
see Section 4.11.9.12
Required Width of a Vegetative Buffer
Strip Adjacent to a Single Family
Residence District
25 feet
(see Section 4.11.9.12)
4.11.7.3. Number of buildings on a lot. In the GSGD, more than one principal
building may be erected.on a lot.
4.11.7.4. Maximum Residential Development. The aggregate number of
Dwelling Units that shall be permitted pursuant to this Section 4.11
shall be two hundred and two (202).
4.11.7.5. Structured parking. Structured parking allowable pursuant to Section
4.11.5(2) shall be governed by this Section 4.11 and by Design
Standards in Section 4.11.9., and shall not exceed forty-five (45) feet
in height and shall be approved as to capacity and location by the
Approving Authority.
4.11.8 Parkin
4.11.8.1. Parking shall be provided in order to meet or exceed the following
minimum requirements: at least 1.6 parking spaces shall be provided
for each Dwelling Unit. When application of this requirement results in
a number that includes a fraction, the fraction shall be rounded up to
the next whole number.
4.11.8.2. Shared Parking. Notwithstanding anything to the contrary herein, the
use of shared parking to fulfill parking demands noted above that
occur at different times of day is strongly encouraged. Minimum
parking requirements above may be reduced by the Approving
Authority through the Plan Approval process if the Applicant can
demonstrate that shared spaces will meet parking demands by using
accepted methodologies (e.g. the Urban Land Institute Shared
Parking Report, ITE Shared Parking Guidelines, or other approved
studies).
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4.11.8.3. Reduction in parking requirements. Notwithstanding anything to the
contrary herein, any minimum required amount of parking may be
reduced by the Approving Authority through the Plan Approval
process if the Applicant can demonstrate that the lesser amount of
parking will not cause excessive congestion, endanger public safety,
or that a lesser amount of parking will provide positive environmental
or other benefits, taking into consideration:
4.11.8.3.1. The availability of surplus off-street parking within the
Business C zoning district;
4.1.1.8.3.2. The availability of on-street, public or commercial parking
facilities within the Business C zoning district;
4.11.8.3.3. Shared use of parking spaces serving other uses having peak
user demands at different times;
4.11.8.3.4. Age or other occupancy restrictions which are likely to result in
a lower level of auto usage;
4.11.8.3.5. Impact of the parking requirement on the physical environment
of the affected lot or the adjacent lots including reduction in
open space, destruction of significant existing trees and other
vegetation,'or loss of pedestrian amenities along public ways;
and
4.11.8.3.6. Such other factors as may be considered by the Approving
Authority.
Where such reduction is authorized, the Approving Authority may
impose conditions of use or occupancy appropriate to such
reductions.
4.11.8.4. Parking shall be designed and constructed to comply with all
applicable disability access requirements including, but not limited to,
the Americans with Disabilities Act (ADA) and the regulations of the
Massachusetts Architectural Access Board (AAB).
4.11.9 Design Standards. To ensure that new development shall be of high
quality, and shall meet the standards envisioned by the Town of Reading
in adopting this By-Law, the physical character of a Development Project
within the GSGD shall comply with the following Design Standards in the
issuance of Plan Approval for a Development Project within the GSGD.
The Design Standards include standards as authorized at 760 CMR
59.04(1)(f) not only governing the design of buildings but also the
dimensions and layouts of roadways and parking areas, consistent with
the character of building types, streetscapes and other, features
traditionally found in densely settled areas of the Town of Reading, the
protection of natural site features, the location and design of on-site open
spaces, exterior signage and landscaping and other buffering in relation
to adjacent properties, and the standards for the construction and
maintenance of drainage facilities within the Development Project.
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4.11.9. 1. Scale, Proportion and Exterior Appearance of Buildings.
4.11.9.1.1. Building Facades
4.11.9.1.1.1 Building design shall maintain the distinction between
upper and lower floors for multi-story buildings using
horizontal elements such as varied building materials.
4.11.9.1.1.2 Projecting bays, columns, recessed balconies and roof
shape variation should be utilized. Building facades
may also include appurtenances such as cupolas,
gables, turrets, spires, widow walks, trellises, etc.
4.11.9.1.1.3 The architectural features, materials, and the
articulation of a facade of a building shall be continued
on all sides visible from a public street or circulation
road.
4.11.9.1.1.4
Building facades shall vary in height or vary the planes
of exterior walls in depth and direction to break up the
box-like mass and scale of new buildings.
4.11.9.1.1.5
No uninterrupted length of any facade should exceed
40% of the facade's total length, or 85 horizontal feet,
whichever is less, without incorporating one of the
following: color change, material change, texture
change; and one of the following: plane projections or
recesses, trellises, balconies, or windows.
4.11.9.1.1.6
The architecture facing a public space or Traveled Way
or Sidewalk should incorporate features such as
moldings, pilasters and other architectural details.
4.11.9.1.1.7
Balconies and Porches. Residential balconies and
porches are 'encouraged where practical, particularly
on building facades fronting on a Traveled Way,
Sidewalk or the Village Green..
4.11.9.1.2. Roof Profiles
4.11.9:1.2,1 Roof profiles should employ varied vertical and
horizontal planes for visual relief to the tops of
buildings. Design elements such as parapets, cornices,
towers and piers may also be used. HVAC equipment
shall be screened.
4.11.9.1.2.2 Design elements such as false mansard roofing may be
used to create the appearance that the fourth floor of a
building is incorporated into the roof line.
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4.11.9.1.3. Windows and Doorways
4.11.9.1.3.1 Fenestration patterns may vary from building to
building, but overall the development should exhibit
general consistency of proportions along a Traveled
Way.
4.11.9.1.3.2 Windows should. be designed to add visual relief to a
wall, which may include insetting the window pane a
minimum of three (3), inches from the exterior wall
surface.
4.11.9.1.3.3 In general, all windows should be taller than they are
wide; provided however, that several vertically-oriented
windows may be placed consecutively such that the
combined width exceeds the height and excluding
specific sections of glass (or "storefront") used at
building entrances, offices or common areas.
4.11.9.1.3.4 Windows on top floors should not be wider than
windows on the first floor.
4.11.9.1.3.5 Windows on the top and bottom floors should generally
align vertically.
4.11.9.1.3.6 Recessed doorways are preferred, in order to break up
the building fagade, provide a welcoming space, and
provide protection from sun , and rain. Where a
recessed doorway is not used, an awning or vestibule
can have a similar effect and may be used. Adequate
lighting for the doorway shall be provided at night.
4.11.9.1.4. Materials and Color
4.11.9.1.4.1 Building fagade materials including, but not limited to,
brick, wood, cementitious fiber board, manufactured
limestone, cast stone, masonry, stone, glass, terra
cotta, cellular PVC trim, tile and sustainable materials
are permitted within the District.
4.11.9.1.4.2 A combination of materials should be used within a
building.
4.11.9.1..5.. Sustainable Design. Sustainable design principles shall be
considered for all buildings and site design elements to the
maximum extent practical. Sustainable design elements
intended to reduce energy consumption may include skylights
and "day lighting," windows with low solar-gain factors,
landscaping, as well as system and material selections that
meet or exceed Energy Star standards.
4.11.9.1.6. Protection of Public Safety. Site design shall include adequate
water supply distribution and storage for fire protection.
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Vehicular circulation shall meet the access needs of
emergency and public safety vehicles. The adequacy of the
foregoing shall be based on the reasonable requirements of
the Reading Chief of Police and Fire Chief, in their respective
fields.
4.11.9,1.7. Service Areas shall be screened from view from adjacent
residential districts with materials consistent with the primary
building facade, fencing and/or vegetation.
4.11.9.2. Placement, Alignment, Width and Grade of Streets and Sidewalks
4.11.9.2.1. Design. and Location. The overall site design shall include a
transportation network providing for vehicular and pedestrian
circulation to and within the GSGD. Design and construction
shall incorporate sound engineering and construction
standards including adequate provisions for drainage.
4.11.9.2.2. Traveled Ways. There are two categories of Traveled Ways:
Circulation Roads and Driveways.
4.11.9.2.2.1 Circulation Roads shall be a maximum of 26 feet wide
for a two-way road (20 feet for those roads that are
one-way). Circulation Roads may allow for parallel
parking, and shall have granite curbing or edging, and
.shall contain Sidewalks on at least one side.
4.11.9.2.2.2 Driveways serving parking areas should be a maximum
of 24 feet wide for a two-way Driveway (18 feet wide
for a one-way) and may have access to perpendicular
parking.
4.11.9.2.3. Pedestrian Ways
4.11.9.2.3.1 Pedestrian Ways shall be a minimum of five (5) feet
wide. Pedestrian Ways may include street lamps or
street trees that encroach on the sidewalk, provided
that a minimum width of 42" must be maintained.
4.11.9.2.3.2 Sidewalks shall be constructed of concrete, masonry,
bituminous concrete, stone dust, or stone.
4.11.9.2.3:3 Sidewalks may. be separated from Traveled Ways by a
landscaped strip no less than five (5) feet wide
including street trees with permeable grates sufficient
for proper irrigation of the tree's root system.
4.11.9.2.3.4 Lighted walkways shall be provided to link buildings
with public spaces, parking areas, recreation facilities
and Sidewalks on adjacent land wherever practical.
14
4.11.9.2.3.5 Where pedestrian connections cross Traveled Ways, a
crosswalk or change in paving shall delineate the
pedestrian connection.
4.11.9.2.3.6 Sidewalks and Paths shall be accessible to the
handicapped in accordance with the Americans with
Disabilities Act and the Massachusetts Architectural
Access Board.
4.11.9.2.3.7 All Sidewalks and Paths shall be open to the public.
4.11.9.2.3.8 A pedestrian connection shall be provided from the
District, and through adjacent land as necessary, to
allow direct pedestrian access from the District to
South Street.
4.11.9.2.4. Vehicular curb cuts may be limited to intersections with other
Traveled Ways or access drives to parking or loading areas for
commercial, civic or multifamily residential uses.
4.11.9.3. Type and Location of Infrastructure
4.11.9.3.1. Plans. The plans and any necessary supporting documents
submitted with an application for Plan Approval within the
GSGD shall show the general location, size, character, and
general area of Traveled Ways and public spaces or facilities.
4.11.9.3.2. Ownership and Maintenance. The plans and documentation
submitted to. the Approving Authority shall include a
description of proposed private ownership and maintenance of
all Traveled Ways, including vehicular ways and Sidewalks,
and all proposed public spaces or facilities.. As a condition of
Plan Approval, the Approving Authority may require provision
of an Operations and Maintenance Plan for Traveled Ways
and drainage facilities associated with the Traveled Ways. If
applicable,. a. homeowners' association, a condominium
association or a business association may be established to
ensure that all Traveled Ways and associated drainage
facilities shall be properly maintained by a private party, and
that the Town of Reading shall incur no expense related to
such operations and maintenance.
4.11.9.3.3. Underground Utilities. All new utilities (except water and
wastewater treatment structures and other facilities that
require above grade access) shall be installed underground.
4.11.9.3.4. Stormwater management shall incorporate "Best Management
Practices" (BMP) as prescribed by the Massachusetts
Department of Environmental Protection.
15
4.11.9.4. Location of Building and Garage Entrances
4.11.9.4.1. Entrances to residential units that are not required to be
handicap accessible or adaptable may be vertically separated
from the public Sidewalk by at least 12" and by at least 24"
where the front facade of the house or front porch is within 10'
of the public Sidewalk.
4.11.9.4.2. Building entrances shall provide direct access to one or more
Pedestrian Ways.
4.11.9.4.3. Garages. If garages are proposed, they should be designed in
such a way that they do not front on a Circulation Road.
Detached garage banks, or recessed locations behind, under
or in the side yard of a dwelling unit, may be used where
practical.
4.11.9.5. Off-Street Parking & Loading
4.11.9.5.1. Parking may be provided within or below residential structures.
Surface parking lots shall. be located to the side and the rear of
buildings as oriented toward a. Circulation Road with no more
than 4 rows of parking including 2 driveways located between
a building and a Circulation. Road.
4.11.9.5.2. No parking area shall be located within thirty (30) feet of the
Single Family Residence District, and no parking area or
building shall be allowed in Restricted Area "A" as shown on
the plan entitled: "Plan Showing Height Limitation and Setback
Areas,. Business C District in Reading, Mass.", dated March
27, 2000, Scale 1" = 60', by Hayes Engineering, Inc., on file
with the Reading Town Clerk.
4.11.9.5.3. Curb side loading spaces may be provided.
4.11.9.5.4. Typical parking spaces in a parking lot shall have. minimum
dimensions of 9 feet x 18 feet.
4.11.9.5.5. Parallel parking shall have minimum dimensions of 8 feet x 22
feet.
4.11.9.5.6. Compact car spaces may. be provided to a maximum of 30%
of all non-parallel parking spaces. The minimum stall size for
compact cars is 8 feet x 16 feet and signage and pavement
markings shall be installed identifying compact car spaces.
4.11.9.5.7. Handicapped parking spaces shall be provided in compliance
with the Americans . with Disabilities Act and the
Massachusetts Architectural Access Board.
16
4.11.9.5.8. Large parking areas shall be landscaped to minimize their
visibility from Traveled Ways and from areas outside the
District. Continuous parking areas, or lots, of 50-200 spaces
shall have 5% of the area landscaped; lots over 200 parking
spaces shall have 7% of the total area landscaped. (See
Section 4.11.9.13 Design Standards Summary Table.)
4.11.9.6. Protection of Significant Natural Site Features
4.11.9.6.1. Plans submitted to the Approving Authority shall identify trees
to be preserved within the Project. Trees shall be tagged in the
field and appropriately designated on project plans.
4.11.9.6.2. Roadways and lots shall be designed and located in such a
manner as to maintain and preserve, to the maximum extent
practical, existing tree cover, wetlands, natural topography and
significant natural resources, and to minimize cut and fill.
4.11.9.6.3. The area in the northwest corner of the District shall be
preserved as existing open space and the existing mature
vegetation in that location shall not be cut. No parking, building
or construction of any structure or impervious surface shall be
allowed in the portion of the District within Restricted Area "A"
as shown on the plan entitled: "Plan Showing Height, Limitation
and Setback Areas, Business C District in Reading, Mass.",
dated March 27, 2000, Scale 1" = 60', by Hayes Engineering,
Inc., on file with the Reading Town Clerk.
4.11.9.7. Location and. Design of On-Site Open Space Areas
4.11.9.7.1. Open spaces shall be landscaped to allow for a variety of
uses. Open spaces may include sidewalk furniture and small
structures such as a gazebo or trellis to increase the options
for use and enjoyment of the spaces.
4.11.9.7.2. A Project shall include a central Village Green, a minimum of
15,000 square feet in area measured from curb to curb and
inclusive of Sidewalks oriented to and directly accessible from
a Traveled Way. The Village Green shall be adjacent to the
residential uses in the Project. Additional gathering spaces
may be located throughout the Project.
4.11.9.7.3. The Village Green shall be located at a vehicular intersection
in the Project, and shall be pedestrian accessible from two or
more sides. Where practical, buildings and uses may front on
the Village Green.
4.11.9.7.4. Circulation shall be provided with a continuous Path through
parks. Surfaces may include gravel, concrete, stone dust or
bituminous concrete. Access. shall be continuous from all
points of interest and allow free passage through the space on
foot and bicycle.
17
4.11.9.7.5. The Village Green shall be landscaped with a variety of ground
coverings, flowers, plants, . shrubs, and. trees, and may
incorporate one or more "hard" elements such as fencing,
gazebo, seating areas, and decorative paving.
4.11.9.7.6. Open Spaces shall be served by direct pedestrian access.
4.11.9.8. Landscaping
4.11.9.8.1. Plantings shall include a variety of species and should
consider the local climate, site conditions, salt level, and water
level.
4.11.9.8.2. Circulation Roads shall include a minimum of one shade tree
every 50 linear feet. Additional trees and landscaping is
encouraged.
4.11.9.8.3. Parking Area Landscaping. Surface parking lots shall have
landscaped islands to divide large parking areas.
4.11.9.8.4. Landscaping of Traveled Ways. Landscape plantings for all
the Traveled Ways in a Development Project shall include
deciduous shade trees. These plantings may be in either linear
rows or informal groupings. Regular rows shall be used in
cases where the Traveled Way abuts walkways, parking lots
and buildings. Informal groupings may be used where the
Traveled Way abuts existing vegetation.
4.11.9.9. Screening/ Fencing
4.11.9.9.1. Fences. Fences may be used to provide continuity to a
streetscape; privacy for homeowners and their guests from
passers by, to help differentiate private space from public
space and to reinforce the pedestrian scale of the streetscape:
4.11.9.9.2. All fencing or walls utilized to screen parking and/or service
areas shall meet the following specifications:
4.11.9.9.2.1 Ornamental metal fencing, decorative wood fencing, or
masonry walls shall be allowed. Wood picket fences,
decorative metal fences and stonewalls are
encouraged. Concrete retaining walls with a fascia may
be used if permitted by the Approving Authority.
4.11.9.9.2.2 Concrete walls and chain link fences should not be
used. Chain link fencing is prohibited for screening
purposes. Black, vinyl-coated chain link fencing is
permissible for non-screening purposes including
safety, security and access restriction.
18
_ 4.11.9.9.2.3 Fencing or walls shall be a minimum of three (3) feet
high.
4.11.9.10. Lighting
4.11.9.10.1. For lighting fixture heights and spacing dimensions, please
see Section 4.11.9.13 Design Standards Summary Table.
4.11.9.10.2. All outdoor lighting in a Project shall comply with the following
shielding provision: Direct light emitted by exterior luminaire
shall not emit directly by a lamp, off a reflector, or through a
refractor above a horizontal plane (90 degrees) through the
fixture's. lowest light-emitting part. Light from outdoor fixtures is
prohibited from spilling into abutting single-family residential
districts.
4.11.9.10.3. Prevention of Light Pollution. A Development Project within
the District shall employ outdoor illuminating devices, lighting
practices, and systems which will conserve energy while
maintaining 'reasonable nighttime safety and security. All
outdoor lighting in a Project, except those regulated by
Federal, State, or municipal authorities, whether ground, pole,
or wall-mounted, shall comply with the following provisions:
4.11.9.10.3.1 Maximum height requirements are as defined in
Section 4.11.9.13 Design Standards Summary Table.
4.11.9.10.3.2 The height of a light fixture shall be measured from the
ground to the light emitting flat glass of the luminaire;
pole height may be higher than this light-emitting
height.
4.11.9.10.3.3 If the Sidewalk includes street trees, locate streetlights
between the trees so that the tree canopy does not
interfere with illumination coverage.
4.11.9.10.3.4 Street poles and lighting fixtures shall be dark in color
to reduce light reflectivity.
4.11.9.10.3.5 Shielding. Direct light emitted by an outdoor light fixture
shall not emit directly by a lamp, off a reflector or
through a refractor above a horizontal plane through
the fixture's lowest light-emitting part.
4.11.9.10.3.6 All light fixtures shall emit .a steady and constant light
and shall not emit a flashing or irregular light, unless
specifically required by Federal, State, or municipal
authorities.
19
4.11.9.10.3.7 Prohibited Light Sources
4.11.9.10.3.7.1. Mercury Vapor and Quartz Lamps. For the
purposes of these Design Standards, quartz
lamps shall not be considered an incandescent
light source.
4.11.9.10.3.7.2. Laser Source Light. The use of laser source
light or any similar high-intensity light for
outdoor advertising, when projected above the
horizontal, is prohibited.
4.11.9.10.3.7.3. Searchlights. The operation of searchlights is
prohibited.
4.11.9.10.3.7.4. Internally lit signs and flashing signs, including
neon signs, are prohibited.
4.11.9.10.3.7.5. Metal Halide Lighting. All outdoor light fixtures
utilizing a metal halide lamp or lamps shall be
shielded and filtered. Filtering using quartz
glass does not meet this requirement.
4.11.9.10.3.8 Exemptions
4.11.9.10.3.8.1. Fossil Fuel Light. All outdoor light fixtures
producing light directly by the combustion of
natural gas or other fossil fuels are exempt from
all requirements of this By-Law.
4.11.9.10.3.8.2. Other Light Sources. All outdoor light fixtures
using an incandescent lamp or lamps of 15,0
watts or less are exempt from all requirements
of this bylaw. All outdoor light fixtures using.any
lamp or lamps of 50 total watts or less are
exempt from all requirements of these Design
Standards.
4.11.9.10.18.3. Specialty Lights. Alternative outdoor light
fixtures may be allowed if it is found that the
fixture's design and appearance are superior,
significant light pollution will not be created, and
glare is minimal.
4.11..9.10.4. Exterior Light Timing. Exterior lighting may be controlled by a
photo sensor or time switch that automatically reduces light
levels, decreasing light levels during nighttime hours while still
maintaining necessary security lighting.
4.11.9.10.5. Light levels shall meet or exceed the minimum design
guidelines defined by the Illuminating Engineering Society of
North America (IESNA).
20.
4.11.9.11. Exterior Sians
4.11.9.11.1. A Project may include one residential access sign not in
excess of forty (40) square feet at each vehicular access point
to the Project and one residential building sign not in excess
of sixteen (16) square feet located flat against the wall of each
residential building, subject to approval by. Reading public
safety officials.
4.11.9.11.2. WayFinding Signs. Installation of small, externally illuminated
wayfinding signs not to exceed two square feet in area per
side is encouraged to assist visitors to locate sites of interest
within the District. Wayfinding signs should not exceed seven
(7) feet in height, and should be installed for the benefit of both
automotive and pedestrian traffic.
4.11.9.11.3. Non-commercial flags are permitted within the District and
. shall not be regulated as signs.
4.11.9.11.4. In no case shall signage project above the roof line.
4.11.9.11.5. Signage must be externally lighted. The fixtures should either
be decorative (such as goose-neck lights) or camouflaged.
Wiring should be concealed within building molding and lines.
Lighting should be mounted at an oblique angle to eliminate
glare.
4.11.9.11.6. Prohibited Sign Types. Commercial signage is prohibited
4.11.9.12. Buffering in Relation to Adiacent Properties.
4.11.9.12.1. Buffer from adjacent existing residential development. No
building shall be located within one hundred (100) feet of a
Single Family Residence District.
4.11.9.12.2. There shall be a landscaped buffer strip of a minimum width of
thirty (30) feet along the full abutting length of a Single Family
Residence District.
4.11.9.12.2.1 The landscaped buffer shall have, at a. minimum, a
staggered double row of a 70%130% mixture of
evergreen/deciduous trees. Evergreen trees shall be a
minimum of six (6) feet in height at the time of planting.
Trunks of deciduous trees shall be a minimum of 3
inches caliper at the time of planting. Plant material
shall be maintained in a healthy condition or replaced to
attain required height. Buffer edge shall be planted a
minimum of two (2) feet off of the property line abutting
a residential district.
21
4.11.9.12.2.2 In lieu of the requirements of Sec. 4.11.9.12.2.1, the
Approving Authority may require construction of a
combination of fencing; raised berm or berms and
planted materials in the 'landscaped buffer strip in order
to screen adjacent properties from visual impacts
associated with automobiles and automobile headlights
within the District. In their determination of the need for
screening as it varies along the District boundary, the
Approving: Authority shall consider the preservation of
existing vegetation and the anticipated visibility of
buildings in the District from abutting properties,
including whether such fencing, berm or berms, and
planted materials will provide greater screening than the
preservation of existing vegetation.
4.11.9.13. Design Standards Summary Table
I Circulation Road
,
Driveways
Paths
Village
Green
Surface Parking I
r _
2 lanes, 26 Ft.
2 lanes, 24 Ft.
Minimums: 9x 18' ,
maximum width
maximum (18
5' minimum
15
000 sf
typical. 8' x 22'
1 Dimensions
plus parallel
Ft. maximum
width
,
minimum
parallel. I
'
1
parking (20 Ft. max
for one-way
8'x 16compact j
for one way)
driveway)
30% maximum
Granite,'
Granite,
I
Granite, concrete,
concrete,
bituminous
concrete,
bituminous
Granite, concrete,
Curbing
1
bituminous
concrete,
None
concrete,
bituminous concrete,
concrete, and/or
and/or
required.
and/or
and/or landscape
I
landscape swale.
landscape
landscape
swale.
swale.
swale.
Parallel
,
I
Parallel parking
parking,
None required
j
on-Street
allowed on one or
head-in or
N/A
on Village
1
N/A
' Parking
both sides at 8 x 22
angled
Green edge
j
Ft. minimum
parking
permitted
Deciduous
Deciduous Trees,
Trees,
rgreen
Eve
Deciduous
Lots of 50-200
Evergreen Trees
Trees
Trees, Shrub
spaces must have ,
i
every 50 Ft. O.C.
and/or
Material,
5% landscaped; 200
j Landscaping
minimum Shrub
Shrub
Street
spaces or more must
j
Material. Plus
Material
Furniture, and
have 7% landscaped.
Seasonal.
.
Plus
Seasonal
All islands shall be
I
Plantings.
Seasonal
Plantings.
minimum of 100 SF.
I
r
Plantings.
'
j Sidewalk Width,
5 Ft. Minimum
5 Ft.
5 Ft
Minimum
N/A
j Location
(One or Two Sides)
Minimum
.
22
Poured or
Poured or
Poured or
bituminous
bituminous
Sidewalk
bituminous
concrete,
crushed
concrete,
Material
concrete, crushed
N/A
stone
stone
crushed
N/A
j
stone, stone dust or
,
dust or
stone, stone
'
similar materials.
similar
dust or similar
I
materials.
materials.
j Height of
j Lighting
I
Fixtures
18 Ft. maximum
18 Ft.
18 Ft.
18 Ft.
j
25 Ft. maximum
I "Cut-Off" to 90
maximum
maximum
maximum
j degrees or less
j
I
Signage
I
Traffic, Wayfinding,
Residential Access
Traffic,
Wayfinding
ayfinding
ayfinding
I
'
Traffic, Wayfinding .
,
I
4.1110 Affordable housing.
4.11.10.1. Number of Affordable Units. Twenty percent (20%) of all Dwelling
Units constructed in a Development Project shall be maintained as
Affordable Units. Twenty-five percent (25%) of all rental Dwelling
Units in a Development Project shall be Affordable Units provided,
however, that this requirement may be satisfied if twenty percent
(20%) of all rental Dwelling Units in a Development Project are priced
for and made available to Eligible Households, Low Income in
accordance with the requirements of this Section 4.11.10. In
Development Projects in which all of the Dwelling Units are limited to
occupancy by elderly persons and/or by persons with disabilities,
twenty-five percent (25%) of the Dwelling Units shall be Affordable
Units, whether the Dwelling Units are rental or ownership units.
4.11.10.2. Fractional Units. When the application of the percentages specified
above results in a number that includes a fraction, the fraction shall be
rounded up to the next whole number.
4.11.10.3. Affordable Units shall comply with the following requirements:
4.11.10.3.1. The monthly rent payment for an Affordable Rental Unit,
including utilities and parking, shall not exceed thirty percent.
(30%) of the maximum monthly income permissible for an
Eligible Household, assuming a Family size equal to the
number of bedrooms in the unit plus one, unless other
affordable program rent limits approved by DHCD shall apply;
4.11.10.3.2. For an. Affordable Homeownership Unit the monthly housing
payment, including mortgage principal and interest, private
mortgage insurance, property . taxes, condominium and/or
homeowner's association fees, insurance, and parking, shall
23
not exceed thirty percent (30%) of the maximum monthly
income permissible for an Eligible Household, assuming a
Family size equal to the number of bedrooms in the unit plus
one; and
4.11.10.3.3. Affordable Units required to be offered for rent or sale shall be
rented or sold to and occupied only by Eligible Households.
4.11.10.4. Design and Construction
4.11.10.4.1. Design. Affordable Units must be dispersed throughout a
Development Project and be comparable in initial construction
quality and exterior design to the Unrestricted Units. However,
nothing in this section is intended to limit a homebuyer's rights
to renovate a Dwelling Unit under applicable law. The
Affordable Units must have access to all on-site amenities.
Affordable Units shall be finished housing units; and
4.11.10.4.2. Timing. All Affordable Units must be constructed and
occupied not later than concurrently with construction and
occupancy of Unrestricted Units and, for Development
Projects that are constructed and approved in phases,
Affordable Units must be constructed and occupied in
proportion to the number of units in each phase of the
Development Project.
4.11.10.5. Unit Mix. The total number of bedrooms in the Affordable Units shall,
insofar as practicable, be in the same proportion to the total number of
bedrooms in the Unrestricted Units.
4.11.10.6. Affordable Housing Restriction. Each Affordable Unit shall be subject
to an Affordable Housing Restriction which is recorded with the
Middlesex South District Registry of Deeds or the Middlesex South
Registry District of the Land Court. The Affordable Housing Restriction
shall provide for the implementation of the requirements of this
Section 4.11. All Affordable Housing Restrictions must include, at
minimum, the following:
4.11.10.6.1. Description of the. Development Project, including whether the
. Affordable Unit will be rented or owner-occupied;
4.11.10.6.2. A description of the Affordable Homeownership Unit, if any, by
address and number of bedrooms; and a description of the
overall quantity and number of bedrooms and number of
bedroom types of Affordable Rental Units in a Project or
portion of a Project which are rental Such restriction shall
apply individually to the specifically identified Affordable
Homeownership Unit and shall apply to a percentage of rental
units of a rental Project or the rental portion of a Project
without specific unit identification;
24
4.11.10.6.3. The term of the Affordable Housing Restriction shall be the
longest period.customarily allowed by law but shall be no less
than thirty (30) years;
4.11.10.6.4. The name and address of an Administering Agency with a
designation of its power to monitor and enforce the Affordable
Housing Restriction;
4.11.10.6.5. Reference to a housing marketing and resident selection plan,
to which the Affordable Unit is subject, and which includes an
affirmative fair housing marketing program, including public
notice and a fair resident selection process. The housing
marketing and selection plan shall provide for local
preferences in resident selection to the maximum extent
permitted under applicable law. The plan shall designate the
household size appropriate for a unit with respect to bedroom
size and provide that preference for such unit -shall be given to
a household of the appropriate size;
4.11.10.6.6.
A requirement that buyers or tenants will be selected at the
initial sale or initial rental and upon all subsequent sales and
rentals from a list of Eligible Households compiled in
accordance with the housing marketing and selection plan;
4.11.10.6.7.
Reference to the formula pursuant to which rent of a rental unit
or the maximum resale price of a homeownership unit will be
set;
4.11.10.6.8.
A requirement that only an Eligible Household may reside in
an Affordable Unit and that notice ofi.any lease or sublease of
any Affordable Unit to another Eligible Household shall be
given to the Administering Agency;
4.11.10.6.9.
Provision for effective monitoring and enforcement of the
terms and provisions of the Affordable Housing Restriction by
the Administering Agency;
4.11.10.6.10.
Provision that the restriction on an Affordable Homeownership
Unit shall run in favor of the Administering Agency and the
Town of Reading, in a form approved by municipal counsel,
and shall limit initial sale and re-sale to, and occupancy by, an
Eligible Household;
4.11.10.6.11. Provision that the restriction on Affordable Rental Units in a
rental Development Project or rental portion of a Development
Project shall run with the rental Development Project or rental
portion of a Development Project and shall run in favor of the
Administering Agency and/or the municipality, in a form
approved by municipal counsel, and shall limit rental and
occupancy to an Eligible Household;
25
4.11.10.6.12. Provision that the owner(s) or manager(s) of Affordable Rental
Unit(s) shall file an annual report to the Administering Agency,
in a form acceptable to the agency, certifying compliance with
the provisions of this By-Law and containing such other
information as may be reasonably requested in order to
ensure affordability;
4.11.10.6.13. A requirement that residents in Affordable Units provide such
information as the Administering Agency may reasonably
request in order to ensure affordability; and
4.11.10.6.14. Designation of the priority of the Affordable Housing
Restriction over other mortgages and restrictions.
4.11.10.7. Administration
4.11.10.7.1. Administering Agency. An. Administering Agency for Affordable
Units, which may be the Reading Housing Authority or other
qualified housing entity, shall be designated by the Reading
Board of Selectmen and shall ensure the following:
4.11.10.7.1.1 Prices of Affordable Homeownership Units are properly
computed; rental amounts of Affordable Rental Units
are properly computed;
4.11.10.7.1.2 Income eligibility of households applying for Affordable
Units is properly and reliably determined;
4.11.10.7.1.3 The housing marketing and resident selection plan
conforms to all requirements and is properly
administered;
4.11.10.7.1.4 Sales and rentals are made to Eligible Households
chosen in accordance with the. housing marketing and
resident selection plan with appropriate unit size for
each household being properly determined and proper
preference being given; and
4.11.10.7.1.5 Affordable Housing Restrictions meeting the
requirements of this section are recorded with the
Middlesex South District Registry of Deeds or the
Middlesex South Registry District of the Land'Court.
4.11.10.7.2. Housing Marketing and Selection Plan. The housing marketing
and selection plan may make provision for payment by the
Project Applicant of reasonable costs to the Administering
Agency to develop, advertise, and maintain the list of Eligible
Households and to monitor and enforce compliance with
affordability requirements.
26
4.11.10.7.3. Failure of the Administering Agency. In the case where the
Administering Agency cannot adequately carry out its
administrative duties, upon certification of this fact by the
Board of Selectmen or by the Department of Housing and
Community. Development, the administrative duties shall
devolve to, and thereafter be administered by, a qualified
housing entity designated by the Board of Selectmen or, in the
absence of such designation, by an entity designated by the
Department of Housing and Community Development.
4.11.11 Plan. Review. The CPDC shall be the Approving Authority for Plan
Approvals in the GSGD, and shall adopt and file with the Town Clerk
administrative rules relative to the application requirements and contents
for Plan Review. Such administrative rules and any amendment thereto
must be approved by the Department of Housing and Community
Development. The Plan Review process encompasses the following:
4.11.11.1. Pre-application Review. The Applicant is encouraged to participate in
a pre-application review at a regular meeting of the Approving
Authority. The purpose of the pre-application review is to minimize the
Applicant's cost of engineering and other technical experts, and to
obtain the advice and direction of the Approving Authority prior to filing
the application. At the pre-application review, the Applicant shall
outline the proposal and seek preliminary feedback from the
Approving Authority, other municipal review entities, and members of
the public. The Applicant is also encouraged to request a site visit by
the Approving Authority and/or its designee in order to facilitate pre-
application review. ,
4.11.11.2. Application Procedures
4.11.11.2.1. An application for. Plan Approval shall be filed by the Applicant
with the Town Clerk. A copy of the application, including the
date of filing certified by the Town Clerk, as well as the
required . number of copies of the application, shall be filed
forthwith by the Applicant with the Approving Authority.
Application submissions must include a hard copy as well as
an electronic copy in PDF or CAD format. Said filing shall
include any required forms provided by the Approving
Authority. As part of any application for Plan Approval for a
Development Project, the Applicant must submit the following
documents to the Approving Authority and the Administering
Agency:
4.11.11.2.1.1 Evidence that the Development Project complies with
the cost and eligibility requirements of Section 4.11.10;
4.11.11.2.1.2 Development Project plans that demonstrate
compliance with the design and construction standards
of Section 4.11.9; and
27
4.11.11.2.1.3 A form of Affordable Housing Restriction that satisfies
the requirements of Section 4.11.10.
4.11.11.2.2. Review Fees. The Applicant shall be required to pay for
reasonable consulting fees to provide peer review of the
application for the benefit of the Approving Authority. Such
fees shall be held by the Town of Reading in an interest-
bearing escrow account, and shall be used only for expenses
associated with the use of outside consultants employed by
the Approving Authority in reviewing the Plan application. Any
surplus funds remaining after the completion of such review,
including any interest accrued, shall be returned to the
Applicant forthwith;
4.11.11.2.3. Upon receipt by the Approving Authority, applications shall be
distributed to the Building Inspector, Fire Chief, Police Chief,
Board of Health, Conservation Commission, the Board of
Selectmen, Housing Authority and the Department of Public
Works. Any reports from these parties shall be submitted to
the Approving Authority within sixty (60) days of filing of the
application; and
4.11.11.2.4. Within thirty (30) days of filing of an application with the
Approving Authority, the Approving Authority or, its designee
shall evaluate the proposal with regard to its completeness
and shall submit an advisory report in writing to the Applicant
certifying the completeness of the application. The Approving
Authority or its designee shall forward to the Applicant, with its
report, copies of all recommendations received to date from
other boards, commissions or departments.
4.11.11.3. Public Hearing. The Approving Authority shall hold a public hearing
and review all applications according to the procedure specified in
Mass. Gen. Laws Ch. 40R § 11 and 760 CMR 59.04(1)(f) and shall, at
the Applicant's expense; provide mailed notice of said hearing to all
parties in interest in accordance with the procedures set forth in Mass.
Gen. Laws Ch. 40A § 11.
4.11.11.4. Prior to the granting of any Plan Approval for a Development Project,
the Applicant must demonstrate, to 'the satisfaction of the
Administering Agency, that the method by which such affordable rents
or affordable purchase prices are computed shall be consistent with
state or federal guidelines for affordability applicable to the Town of
Reading. Upon this finding, the Administering. Agency must submit in
writing to the Approving Authority that these affordability components
of the. Development Project are consistent with applicable state or
federal guidelines for affordability.
4.11.11.5. Plan Approval Decision
4.11.11.5.1. The Approving Authority shall make a decision on the Plan
application, and shall file said decision, together with the
28
detailed reasons therefore, with the Town Clerk, within one
hundred twenty (120) days of the date the application was
received by the Town Clerk. The time limit for public hearings
and taking of action by the Approving Authority may be
extended by written agreement between the Applicant and the
Approving Authority. A copy of such agreement shall be filed
with the Town Clerk;
4.11.11.5.2. Failure of the Approving Authority to take action within one
hundred twenty (120) days or extended time, if applicable,
shall be deemed to be an approval of the application;
4.11.11.5.3. An Applicant who seeks approval because of the Approving
Authority's failure to act on an application within the one
hundred twenty (120) days or extended time, if applicable,
must notify the Town Clerk in writing of such approval, within
fourteen (14) days from the expiration of said time limit for a
decision, and that a copy of that notice has been sent by the
Applicant to the parties in interest by mail and that each such
notice specifies that appeals, if any, shall be made pursuant to
Mass. Gen. Laws Ch. 40R and, shall be filed within twenty (20)
days. after the date the . Town Clerk received such written
notice from the Applicant that the Approving Authority failed to
act•within the time prescribed;
4.11.11.5.4. The Approving Authority's findings, including the basis of such
findings, shall be stated in a written decision of approval,
conditional approval or denial of the application for Plan
Approval. The written decision shall contain the name and
address of the Applicant, identification of the land affected and
its ownership, and reference by date and title to the plans that
were the subject of the decision. The written decision shall
certify that a copy of the decision has been filed with the Town
Clerk and that all plans referred to in the decision are on file
with the Approving Authority;
4.11.11.5.5. The decision of the Approving Authority, together with the
detailed reasons therefore, shall also be filed with the Board of
Appeals and the Building Inspector. A copy of the decision
shall be mailed to the owner and to the Applicant, if other than
the owner, by the Approving Authority certifying that a copy of
the decision has been filed with the Town Clerk and that all
plans referred to in the decision are on file with the Approving
Authority. A notice of the decision shall be sent to the parties
in interest and to persons who requested a notice at the public
hearing; and
4.11.11.5.6. Effective Date. If twenty (20) days have elapsed after the
decision has been filed in the office of the Town Clerk without
an appeal having been filed or if such appeal, having been
filed, is dismissed or denied, the Town Clerk shall so certify on
a copy of the decision. If the application is approved by reason
29
of the failure of the Approving Authority to timely act, the Town
Clerk shall make such certification on a copy of the notice of
application. A copy of the decision or notice of application shall
be recorded with the title of the land in question in the
Middlesex South District Registry of Deeds, and indexed in the
grantor index under the name of the owner of record or
recorded and noted on the owner's certificate of title. The
responsibility and the cost of said recording and transmittal
shall be borne by the owner of the land in question or the
Applicant.
4.11.11.6. Criteria for Approval. The Approving Authority shall approve the
Development Project upon the following findings:
4.11.11.6.1. The Applicant has submitted the required fees and information
as set forth in applicable regulations;
4.11.11.6.2. The proposed Development Project as described in the
application meets all of the requirements and standards set
forth in this Section 4.11 and applicable Design Standards, or
a waiver has been granted therefrom; and
4.11.11.6.3. Any extraordinary adverse potential impacts of the
Development Project on nearby properties have been
adequately mitigated.
For a Development Project subject to the Affordability requirements of
Section 4.11.10, compliance with Section 4.11.11.6.2. above shall
include written confirmation. by the Approving Authority that all
requirements of that Section have been satisfied. Prior to the granting
of Plan Approval for a Project, the Applicant must demonstrate, to the
satisfaction of the Administering Agency, that the method by which
such affordable rents or affordable purchase prices are computed
shall be consistent with state or federal guidelines for affordability
applicable to the Town of Reading.
4.11.11.7. Criteria for Conditional Approval. The Approving Authority may
impose conditions on a Development Project as necessary to ensure
compliance with the GSGD requirements of this Section 4.11 and
applicable Design Standards, or to mitigate any extraordinary adverse
impacts of the.Develop.ment Project on nearby properties, insofar as
such conditions are compliant with the provisions of Mass. Gen. Laws
Ch. 40R and applicable regulations and do not Unduly Restrict
opportunities for development. The Approving Authority may require
construction of an approved Development Project to be phased for the
purpose of coordinating the Development Project with any mitigation
required to address extraordinary adverse Development Project
impacts on nearby properties and with the implementation of the
infrastructure improvements by the party designated as responsible
under the Infrastructure Letters.
30
4.11.11.8. Criteria for Denial. The Approving Authority may deny an application
for Plan Approval. pursuant to this Section 4.11 of the By-Law only if
the Approving Authority finds one or more of the following:
4.11.11.8.1. The Development Project does not meet the requirements and
standards set forth in this Section 4.11 and the applicable
Design Standards;
4.11.11.8.2. The Applicant failed to submit information and fees required by
this Section 4.11 and necessary for an adequate and timely
review of the design of the Development Project or potential
Development Project impacts; or
4.11.11.8.3. It is not possible to adequately mitigate significant adverse
Development Project impacts on nearby properties by means
of suitable conditions.
4.11.11.9. Time Limit. A project approval shall remain valid and shall run with
the land indefinitely provided that construction has commenced within
two (2) years after the decision issues, which time shall be extended
by the time required to adjudicate any appeal from such approval.
Said time shall also be extended if the project proponent is actively
pursuing other required permits for the project or if there is good
cause for the failure to commence construction, or as may be
provided in an approval for a multi-phase Development Project.
4.11.11.10. Appeals. Pursuant to Mass. Gen. Laws Ch. 40R, § 11, any person
aggrieved by a decision of the Approving Authority may appeal to the
Superior Court, the Land Court, or other court of competent jurisdiction
within twenty (20) days after the Plan decision has been filed in the
office of the Town Clerk.
4.11.11.11. Upon approval of a Development. Project by the Approving Authority,
but prior to construction, a pre-construction conference must be held
with Town staff. Prior to first occupancy, a pre-Certificate of
Occupancy meeting must be held with Town staff.
4.12. Waivers. The Approving Authority may authorize waivers with respect to
the dimensional and other standards set forth in this Section 4.11 in the
Plan Approval upon a finding that such waiver will allow the Development
Project to achieve the affordability and/or physical character allowable
under this By-Law. However, the Approving Authority may not waive any
portion of the Affordable Housing requirements in Section 4.11. 10 except
insofar as such waiver results in the creation of a number of Affordable
Units in excess of the minimum number of required Affordable Units.
4.13. Protect Phasing. The Approving Authority, as a condition of any Plan
Approval, may allow a Development Project to be phased for the purpose
of coordinating the Development Project with any mitigation required to
address any extraordinary adverse Development Project impacts on
nearby properties and with the implementation of the infrastructure
improvements by the party designated as responsible under the
Infrastructure Letters.
31
4.14. Change in Plans after Approval by Approving Authority.
4.14.11. Minor Change. 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.
4.14.12. Maior Change. Those changes deemed by the Approving Authority to
constitute a major change in a Development Project.because of the
nature of the change in relation to the prior approved plan, or because
such change cannot be appropriately characterized as 'a minor
change as described above, shall be processed by the Approving
Authority as a new application for Plan Approval pursuant to this
Section 4.11.
4.11.15 Fair Housing Requirement. All Development Projects within the GSGD
shall comply with applicable federal, state and local fair housing laws.
4.11.16 Annual Update. On or before July 31 of each year, the Board of
Selectmen shall cause to be filed an Annual Update with the Department
of Housing and Community Development (DHCD) in a form to be
prescribed by DHCD. The Annual Update shall. contain all information
required in 760 CMR 59.07, as may be amended from time to time, and
additional information as may be required pursuant to Mass. Gen. Laws
Ch. 40S and accompanying regulations. The Town Clerk of the Town of
Reading shall maintain a copy of all updates transmitted to DHCD
pursuant to this By-Law, with said copies to be made available upon
request for public review.
4.11.17 Notification of Issuance of Building Permits. Upon issuance of a
residential building permit within the GSGD, the Building Inspector of the
Town of Reading shall cause to be filed an application to the Department
of Housing and Community Development (DHCD), in a form to be
prescribed by DHCD, for authorization of payment of a one-time density
bonus payment for each residential building permit pursuant to Mass.
Gen. Laws Ch. 40R. The application shall contain all information required
in 760 CMR 59.06(2), as may be amended from time to time, and
additional information as may be required pursuant to Mass. Gen. Laws
Ch. 40S and accompanying regulations. The Town Clerk of the Town of
Reading shall maintain a copy of all such applications transmitted to
DHCD pursuant to this By-Law, with said copies to be made available
upon request for public review.
32
4.11.18 Date of Effect. The effective date of this By-Law shall be the date on
which such adoption is voted upon by Town Meeting pursuant to the
requirements of Mass. Gen. Laws Ch. 40A § 5 and Mass. Gen. Laws Ch.
40R; provided,. however, that an Applicant may not, proceed with
construction pursuant to this By-Law prior to the receipt of final approval
of this By-Law and accompanying. Zoning Map by both the Department of
Housing and Community. Development and the Office of the
Massachusetts Attorney General.
4.11.19 Severability. If any provision of this Section 4.11 is found to be invalid by
a court of competent jurisdiction, the remainder of Section 4.11 shall not
be affected but shall remain in full force. The invalidity of any provision of
this Section 4.11 shall not affect the validity of the remainder of the
Zoning By-Laws of the Town of Reading.
C
And to see if the Town will vote to amend the Zoning Map of the Town of Reading as
follows:
i~ / a
67UR
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4
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t t C e
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777
7
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reap 7~
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itw a wo
010YIKPIWP06ED 2T ONAIAY Cf
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GIEWAY 91IAf aWKM oIJmIGTCTW W
=--mar
READING
i s ..o....
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emu.... R«„ .~e
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aie.aa-rover wrrmasa
or take any other action with respect thereto.
Community Planning and Development Commission
33
ARTICLE 5 To see if the Town of Reading will vote. to amend the Zoning By
Laws as follows:
1. Amend Section 2.0 Definitions, by adding the following new definition:
2.2.2.28.1 Senior Independent Living: A facility that provides dwelling units for
residents over the age of 55, with no permanent residents under the
age of 18, in a single or multiple buildings or in separate townhouses or
cottages, and may include common areas for the use of residents.
2. Amend Section 4.2.2 Table of Uses, in the column for Business C District as follows:
Apartment - Delete "NO" and substitute "NOA" and add at the end of the Table of
Uses: "A Townhouses shall be permitted in the Business C District.
Nursing Home - Delete "NO" and substitute "YESB,, and add at the end of the
Table of Uses: "B" Nursing Home and Senior Independent Living shall be
permitted in the Business C District.
The revised 4.2.2. Table of Uses showing the two above.changes is shown below.
The modified portions of the table are in bold text and are not shaded. (The
shaded portions are shown for reference only.)
4:2.2. Table of Uses' j
PRINCIPAL USES,_,... RES I,:RES RES 'BUS ; BUS _S IND:
A-40 A 80: " A: 'B C
L 15 -
S=20 j
S:-40`1
-j--- = J
Residential Uses T
Apartment No` Yes Yes Yes `No j NOA No
Public' and Q63'Si,-PL]blic Uses
Nursing Horne i.SPA _ SPA" No SPA . <SP YesB No -
77
1-
Plaiiried .Unit Develop menf; hiayk~e permitted-onlyTwrthin,`a PUD Overlay District :on the
t- 11 . 1 Zoning Map -
Planned Residential Development: may be permitted :onlyi wrthin "a PRD Overlay Distrief
which may exist only in art S 5S-20, S=40 or A 40-or A-8Q;runderlying1 Zoning District onl
the-Zoning Map'-
-6 dult Uses maybe permitted nly in the lndustnal Distract by Special Pe'rmitYgranted by V
Board of'Appeals accordingito.the requiemen'ts of Sectior`4 3 rk h1ay be permitted'
oril.y. with,iri aState -owned Interstate highw'ay right of Nay.
P1ay.be permitted only.withiri aState-own"ed lnterstate;,high~tiayright of-way
Mired Use Overlay r»ay I;e permitted eonll. iii tH ~Downl~own Business B. Distract, principally
traversed y n andpiaven
A Townhouses shall be permitted in the Business C District.
B Nursinq Home and Senior Independent Livinq shall be permitted in the Business C District, l
34
3. Amend Section 5.3.1.4. by adding a new sub-section 5.3.1.4.d. as follows:
d. Maximum Allowable Development - Senior Housing and Townhouses. The plan
entitled: "Business C Planning Subdistricts", dated October 2, 2007, on.file with
the Building Inspector and the Town Clerk, and incorporated herein by reference,
establishes four (4) Planning Subdistricts within the Business C
District. Townhouses shall only be permitted within Planning Subdistrict A and
shall be limited to no more than 16 units. Senior independent living and/or
nursing home units shall only be permitted in Planning Subdistricts B and D,
provided that (a ) no more than 160 units shall be permitted in any Planning
Subdistrict, ( b) no more than 310 units shall be permitted within the entire
Business C District, and (c) no more than two (2) Planning Subdistricts may
contain senior independent living and/or nursing home units. Furthermore,
except as provided herein, no office or other allowed uses shall be permitted in a
Planning Subdistrict as a principal use if there are senior independent living
and/or nursing home units in such Planning Subdistrict. In order to encourage a
mix of uses within a Planning Subdistrict that also contains senior independent
living and/or nursing home units, up to 1000 square feet of office or other allowed
principal uses shall be permitted for each senior independent living and/or
nursing home unit less than 160 units that is not constructed within a Planning
Subdistrict. For example, a Planning Subdistrict could contain 120 senior
independent living and/or nursing home units and up to 40,000 square feet of
office or other allowed principal uses. Further, the boundaries of a Planning
Subdistrict may be. modified by the CPDC based upon Site Plan Review
applications submitted by the landowner or its agents for proposed developments
within the Business C District.
4. Amend Section 5.3.1.4 by adding anew 'sub-section 5.3.1.4.e. as follows:
e. For purposes of determining compliance with the foregoing requirements and the
height limitation, in Table 5.1.2, all such setbacks and buffer areas shall be
measured from the boundary line between the Business C District and the
adjoining Residence S-20 District and the Residence S-15 District.
5. Amend Section 6.1.1.3, Off-Street Parking and Loading/Unloading Requirements, as
follows:
In the Principal Use column, add "Senior Independent Living" to "Lodging Houses,
Hotels, Motels and Tourist Homes" and in the Principal Use column, add
"Townhouse" to "Townhouse Development" so that the entire entry in the Table of
Off-Street Parking and Loading/Unloading Requirements would read as follows:
(The modified portions of the table are in bold text and are not shaded. The shaded
portions are shown for reference only.):
35
6.1.1.3.' Off'Street Parking and Loading/Ur loading Requirements: .
Minimum Number of
Minimum Number of
Principal Use
Off-Street Parking
Off-Street Loading and
=
Spaces Required
Unloading Spaces
Required
Lodging Houses, Hotels,
T~.vospaces.plus one
ne ~space.-~1f.0=100,000
Motels, Tourist Homes, and
s{~ace 'for-; each
square feetof gross floor
Senior Independent Living
separate . rental,unit
'area; t~vo "'}spaces if
used for;. such
100,001 2150.000 square
purposes 1
feet" of gross floor area;
three spaces 11
`150,001=
1
1
300,000 ,square.,, feet of
gross floor,, area; four
'spaces if over ,300,000
'
square feet of gross floor
area, ;plus one :space for
each additional " 150,000
square feet of gross floor:
area over 450,000 -
Townhouse and Townhouse
T~vo spaces _<for each
one
Development
dwelling unit
a
6. Amend Section 4.3.3., Site Plan Review, by adding a new Section 4.3.3.12.3 as
follows:
4.3.3.12.3 Waiver of Parking, Loading Space and Related Design `Requirements in
the Business. C District.
Upon the applicant's request and submission of supporting
documentation, the Community Planning and Development Commission may waive
or reduce the requirements under Section 6.1.1.3 and Section 6.1.2, provided there
is no adverse impact in the areas described in Section 4.3.3.6, .
And to see if the Town will vote to amend the Zoning Map of the Town of Reading as
follows:
36
T
f~
0 pp 140 Fnt
Oca4;70D7
DdurCPlmigtldladeY
Add~wWwlpW
➢K 13401 lOlil
IIrTsi YA
or take any other action with respect thereto.
Community Planning and Development Commission
37
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
December 10, 2007, the date set for the meeting in said. Warrant, and. to publish this
Warrant in a newspaper published in the Town, or providing in a manner such as
electronic submission, holding for pickup or mailing, an attested copy of said Warrant to
each Town Meeting Member.
Hereof fail not and make due return of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said meeting.
Given under our hands this 6th day of November, 2007.
James E. Bonazoli, Chairman
Stephen ~Gpql/y, Vice Chairman
4A 4 Sj
Richard W. Schubert
SELECTMEN OF READING
Ala . Ulrich, Constable
38
SPECIAL TOWN MEETING
F Reading Memorial High School December 10, 2007
The meeting was called to order by the Moderator, Alan E. Foulds at 7:41 p.m., there
being a quorum present. Pledge of Allegiance to the Flag.
The Warrant was partially read by the Assistant Town Clerk, Julia A. Rodger, when on
motion by James E. Bonazoli, Chairman of the Board of Selectmen, it was voted to
dispense with further reading of the Warrant except for the Officer's Return, which was
read by the Asst. Town Clerk.
Lisa Gibbs, School Committee Chairman, presented the All State School Committee
Award to Elaine Webb, School Committee Member, for outstanding achievement in
advocating for education for children.
ARTICLE 1- On Motion by James E. Bonazoli, Chairman of the Board of Selectman, it
was voted to table the subject matter of Article 1.
ARTICLE 2 - On Motion by James E. Bonazoli, Chairman of the Board of Selectman, it
was voted to table the subject matter of Article'2.
ARTICLE 3 - On Motion by James E. Bonazoli, Chairman of the Board of Selectman, it
was voted to table the subject matter of Article 3.
ARTICLE 4 - On Motion by David Tuttle, Community Planning and Development
Commission, it was voted to amend the Zoning By-Laws by adding to Section 4.0, Use
Regulations, a new Section 4.11. entitled Gateway Smart Growth District to read as
follows:
4.11. GATEWAY SMART GROWTH DISTRICT (the "GSGD")
4.11.1 Purposes. The purposes of the GSGD are:
4.11.1.1. To establish a Smart Growth Overlay District to encourage smart
growth in accordance with the purposes of Chapter 40R of the General
Laws. The GSGD will allow for multi-family housing, which will help
provide additional affordable housing opportunities within the Town of
Reading.
4.11.1.2. To implement the objectives of both the EO 418 Reading Community
Development Plan (2004) and the Reading Master Plan (2005), which
identified the area within the GSGD for mixed-use development.
4.11.1.3. To ensure high quality site planning, architecture and landscape design
that enhances the distinct visual character and identity of Reading and
Special Town Meeting
December 10, 2007
1
provides an environment with safety, convenience and appropriate
amenities.
4.11.1.4. To provide for a diversified housing stock within Reading, including
affordable housing and housing types that meet the needs of the Town's
population, all as identified in the EO 418 Reading Community
Development Plan (2004), the Reading Master Plan (2005), and the
Reading Housing Plan (2006).
4.11.1.5. To generate positive tax revenue, and to benefit from the financial
incentives provided by Chapter 40R of the General Laws, while
providing the opportunity for new residential development.
4.11.2 Authority and applicability. The GSGD is established pursuant to the
authority of Chapter 40R of the General Laws and 760 CMR 59.00. At the
option of the Applicant, development of land within the GSGD may be
undertaken by means of a Plan Approval pursuant to the zoning controls
set forth in this Section 4.11, or by complying with all applicable
Underlying Zoning controls set forth in the Town of Reading Zoning By-
Laws. Notwithstanding anything to the contrary in the Zoning By-Laws,
Development Projects proceeding under this Section 4.11 shall be
governed solely by the provisions of this Section 4.11 and the standards
and/or procedures of the Underlying Zoning shall not apply. Development
Projects proposed pursuant to this Section 4.11 shall not be subject to any
other provisions of the Zoning By-Laws, including limitations upon the
issuance of building permits for residential uses related to a rate of
development or phased growth limitation or to a local moratorium on the
issuance of such permits, or to other building permit or Dwelling Unit
limitations.
4.11.3 Establishment and delineation of GSGD. The GSGD is an overlay district
that is superimposed over the Underlying Zoning district. The boundaries
of the GSGD are delineated as the "Gateway Smart Growth District
`GSGD"' on the Reading Zoning Map on file in the office of the Town
Clerk, said map hereby made a part of the Zoning By-Laws.
4.11.4 Definitions. As used in this Section 4.11, the following terms shall have
the meanings set forth below:
ACCESSORY BUILDING - A detached single story building the use of which is
customarily incidental and subordinate to that of the principal building and which
is located on the same lot as that occupied by the principal building. An
Accessory Building shall not be used to house people, domestic animals, or
livestock. Nor shall it be used as an independent commercial enterprise. An
Accessory Building located within 10 feet of the principal building shall be
subject to the dimensional requirements applicable to the principal building.
Special Town Meeting
2 December 10, 2007
ADMINISTERING AGENCY - An organization designated by the Reading
Board of Selectmen, which may be the Reading Housing Authority or other
qualified housing entity, with the power to monitor and to enforce compliance
with the provisions of this By-Law related to Affordable Units, including but not
limited to computation of rental and sales prices; income eligibility of households
applying for Affordable Units; administration of an approved housing marketing
and resident selection plan; and recording and enforcement of an Affordable
Housing Restriction for each Affordable Unit in the GSGD. In a case where the
Administering Agency cannot adequately carry out its administrative duties, upon
certification of this fact by the Reading Board of Selectmen or by DHCD, such
duties shall devolve to and thereafter be administered by a qualified housing
entity designated by the Reading Board of Selectmen or, in the absence of such
timely designation, by an entity designated by the DHCD.
AFFORDABLE UNIT - An Affordable Rental Unit or an Affordable
Homeownership Unit that is affordable to and occupied by an Eligible Household.
AFFORDABLE HOUSING RESTRICTION - A deed restriction of an
Affordable Unit meeting statutory requirements in Section 31 of Chapter 184 of
the General Laws and the requirements of Section 4.11. 10 of this By-Law.
AFFORDABLE RENTAL UNIT - A Dwelling Unit required to be rented to an
Eligible Household in accordance with the requirements of Section 4.11. 10 of this
By-Law.
AFFORDABLE HOMEOWNERSHIP UNIT - A Dwelling Unit required to be
sold to an Eligible Household in accordance with the requirements of Section
4.11. 10 of this By-Law.
APPLICANT - A landowner or other petitioner who files a plan for a
Development Project subject to the provisions of this By-Law.
APPLICATION - A petition for Plan Approval filed with the Approving
Authority by an Applicant and inclusive of all required documentation as
specified in administrative rules adopted pursuant to Section 4.11.11.
APPROVING AUTHORITY - The Community Planning and Development
Commission (CPDC) of the Town of Reading acting as the authority designated
to review projects and issue approvals under this Section 4.11.
AS-OF-RIGHT DEVELOPMENT - A Development Project allowable under this
Section 4.11 without recourse to a special permit, variance, zoning amendment, or
other form of zoning relief. A Development Project that is subject to the Plan
Review requirement of this Section 4.11 shall be considered an As-of-Right
Development.
BASEMENT - The lowest floor level of a building which is either fully or
partially below grade, whether or not fully enclosed.
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December 10, 2007
BUILDING - A structure enclosed within exterior walls whether portable or
fixed, having a roof or other coverings for the shelter of persons, animals or
property.
CONSERVATION USE - Any woodland, grassland, wetland, agricultural or
horticultural use of land, any use of land for the construction and use of ponds or
storm water management facilities.
DEPARTMENT - The Massachusetts Department of Housing and Community
Development (DHCD) or any successor agency.
DESIGN STANDARDS - Design Standards included in Sec. 4.11.9 of this By-
Law and made applicable to Projects within the GSGD that are subject to the Plan
Approval process. The Design Standards are applicable to all Development
Projects within the GSGD that are subject to Plan Review by the Approving
Authority.
DEVELOPABLE LAND - All land within the GSGD that can be feasibly
developed into Development Projects. Developable Land shall not include: the
rights-of-way of existing public streets and ways; or areas that are: (1) protected
wetland resources (including buffer zones) under federal, state, or local laws; (2)
land located within the Flood Plain Zoning District in the Town of Reading and
subject to seasonal or periodic flooding; or (3) rare species habitat designated
under federal or state law. The foregoing definition shall be for purposes of
calculating density under Section 4.11.7.1 and shall not limit development
activities in such excluded areas if otherwise allowed by applicable law.
DEVELOPMENT LOT - One or more lots which are designated as a
Development Lot on a plan for a development proposed within the GSGD and for
which Plan Approval is required under the provisions of this Section 4.11. The
lots comprising a Development Lot need not be in the same ownership. Where the
Development Lot consists of more than a single lot, the lots, in combination, shall
be treated as the Development Lot, may be contiguous or non-contiguous and
shall be considered as one lot for the purpose of calculating parking requirements
and Dwelling Units per acre. Any development undertaken on a Development Lot
is subject to the Design Standards established under Section 4.11.9 of this By-
Law.
DEVELOPMENT PROJECT or PROJECT- A residential development
undertaken under this Section 4.11. A Development Project shall be identified on
the Plan which is submitted to the Approving Authority for Plan Review.
DWELLING - Any building or structure used in whole or in part for human
habitation.
DWELLING UNIT - A structure or a portion of a structure containing in a self
sufficient and exclusive manner facilities for sleeping, bathing, and cooking,
Special Town Meeting
4 December 10, 2007
including one full kitchen and full bathroom facilities as defined by the
Massachusetts State Building Code. The following types of Dwelling Units are
specifically defined:
MULTI-FAMILY DWELLING UNITS - A residential building
containing four or more Dwelling Units designed for occupancy by the
same number of families as the number of Dwelling Units.
ONE-FAMILY DWELLING- A detached dwelling arranged, intended or
designed to be occupied by a single family.
ELIGIBLE HOUSEHOLD, LOW INCOME - An individual or household whose
annual income is below fifty percent (50%) of the area-wide median income as
determined by the United States Department of Housing and Urban Development
(HUD), adjusted for household size, with income computed using HUD's rules for
attribution of income to assets.
ELIGIBLE HOUSEHOLD, MODERATE INCOME - An individual or
household whose annual income is below eighty percent (80%) of the area-wide
median income as determined by the United States Department of Housing and
Urban Development (HUD), adjusted for household size, with income computed
using HUD's rules for attribution of income to assets.
FAMILY - One (1) or more persons living together in one (1) dwelling unit as a
single house-keeping unit, but not including fraternities, sororities or other
fraternal or communal living arrangements.
FRONTAGE - The continuous length of a lot line along a street line or Traveled
Way across which access is legally and physically available for pedestrians and
vehicles. The end of a street without a cul-de-sac may be considered frontage, and
may be extended into one or more Traveled Ways for the purpose of providing
frontage.
FLOOR AREA, GROSS - The sum of the areas on the several floors of a
building or buildings measured from the outside surfaces of the exterior walls so
as to include the full thickness thereof.
FLOOR AREA, NET - The actual occupied area of a building or buildings not
including hallways, stairs, mechanical spaces and other non-habitable spaces, and
not including thickness of exterior or interior walls.
GARAGE, DETACHED - A detached single story accessory building serving as
storage for personal vehicles or other items belonging to the occupants of the
premises that is used for residential purposes. Such building shall be fully
enclosed. A detached garage located within ten (10) feet of the principal building
shall be subject to the dimensional requirements applicable to the principal
building.
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GATEWAY SMART GROWTH DISTRICT or GSGD - An overlay zoning
district adopted pursuant to Chapter 40R of the General Laws, in accordance with
the procedures for zoning adoption and amendment as set forth in Chapter 40A of
the General Laws and approved by the Department of Housing and Community
Development pursuant to Chapter 40R of the General Laws and 760 CMR 59.00.
HEIGHT OF BUILDING - The vertical distance measured at the center line of its
principal front from the established grade or from the natural grade if higher than
the established grade, or from the natural grade if no grade has been established:
to the level of the highest point of the roof beams in the case of flat roof or roofs
inclining not more than one inch to the foot, and to the mean height level between
the top of the main plate and the highest ridge in the case of other roofs. For
buildings with more than one principal front, said vertical distance shall be
measured from the average of the established grade or natural grade, as
applicable, measured at the centerline of each principal front.
HOUSEHOLD INCOME, MEDIAN - The median income, adjusted for
household size, as reported by the most recent information from, or calculated
from regulations promulgated by, the United States Department of Housing and
Urban Development (HUD).
IMPERMEABLE SURFACE - Natural or manmade material on the ground that
does not allow surface water to penetrate into the soil.
INFRASTRUCTURE LETTERS - The letters issued on behalf of the Town in
fulfillment of Section 6(a)(11) of Chapter 40R of the General Laws and 760 CMR
59.04(1)(h) identifying infrastructure improvements to be made incident to the
construction of one or more Development Projects in the GSGD.
LANDSCAPED AREA - Land area not covered by building, parking spaces and
driveways.
LOT - A parcel of land occupied or designed to be occupied by principal and
accessory buildings or uses, including such open spaces as are arranged and
designed to be used in connection with such buildings.
LOT COVERAGE - The percentage of the total lot area covered by principal and
accessory buildings and including any detached garages.
PEDESTRIAN WAY - A way intended for use by the general public for the
movement of pedestrians which may include provision for use by cyclists.
Pedestrian Ways include:
PATH- A way that is not located immediately adjacent to and incorporated
within the design of a Traveled Way. A Path may proceed in a meandering
fashion where appropriate to site design rather than the strictly linear
configuration expected, of a Sidewalk.
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6 December 10, 2007
SIDEWALK - A way that is located immediately adjacent to and
incorporated within the design of a Traveled Way.
PLAN - A plan depicting a proposed Development Project for all or a portion of
the GSGD and which is submitted to the Approving Authority for its review and
approval in accordance with the provisions of Section 4.11.11 of this By-Law.
PLAN APPROVAL - The Approving Authority's authorization for a proposed
Development Project based on a finding of compliance with this Section 4.11 of
the By-Law and Design Standards after the conduct of a Plan Review.
PLAN REVIEW - The review procedure established by this Section 4.11 and
administered by the Approving Authority.
RECREATIONAL ACCESSORY USE - A use subordinate to a Principal
Residential Use on the same lot or in the same structure and serving a purpose
customarily incidental to the Principal Residential Use, and which does not, in
effect, constitute conversion of the Principal Use of the lot, site or structure to a
use not otherwise permitted in the GSGD. Recreational Accessory Uses may
include, but are not limited to, greenhouse, tool shed, clubhouse, swimming pool,
tennis court, basketball court, and playground.
SERVICE AREA - Exterior locations of a building including, but not limited to,
dumpsters or containerized trash receptacles, metering stations and utilities.
SHARED PARKING FACILITIES - Parking facilities designed and intended to
serve more than a single use as shown on a Plan.
SIGN - Any word, number, emblem, picture, design, trademark or other device to
attract attention.
SINGLE FAMILY RESIDENCE DISTRICT - A zoning district allowing One-
Family Dwelling uses per the Zoning By-Law.
STRUCTURED PARKING- Two or more levels of parking, vertically stacked,
either alone or integrated into a building.
TRAVELED WAYS - A way intended for use by the general public for the
movement of vehicles which may include provision for use by pedestrians and
cyclists through the use of bicycle lanes, sidewalks, shoulders and/or dedicated
travel lanes.
UNDERLYING ZONING - The zoning requirements adopted pursuant to
Chapter 40A of the General Laws that are otherwise applicable to the geographic
area in which the GSGD is located, as said requirements may be amended from
time to time.
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UNDULY RESTRICT - A provision of the GSGD or a Design Standard adopted
pursuant to Chapter 40R of the General Laws and 760 CMR 59.00 that adds
unreasonable costs or unreasonably impairs the economic feasibility of a proposed
Development Project in the GSGD.
UNRESTRICTED UNIT - A Dwelling Unit that is not restricted as to rent, price
or eligibility of occupants.
USE, ACCESSORY - The use of a building or premises for purposes customarily
incidental to a permitted principal use.
USE, PRINCIPAL - The main or primary purpose for which a structure, building,
or lot is designed, arranged, licensed, or intended, or for which it may be used,
occupied, or maintained under this Section 4.11.
VILLAGE GREEN - An area of publicly accessible open space in the District
that may be landscaped with greenery or hardscape.
YARD - An open space on the same lot with a building.
YARD, FRONT - The yard extending between the building and the street line
and extending across the full width of the lot.
YARD, REAR - The yard extending between the building and the rear line of the
lot and extending across the full width of the lot.
YARD, SIDE - The yard extending between the building and the side line of the
lot and extending from the front yard to the rear yard.
4.11.5 Permitted Uses.
4.11.5.1. The following principal uses shall be permitted in the GSGD As-of-
Right upon Plan Approval pursuant to the provisions of this Section
4.11.:
Multi-
Recreational
Family
Retail and
Office
Conservation
Use,
Dwelling
Restaurant
Unit
Accessory
GSGD
Yes
No
No
Yes
Yes
4.11.5.2. Parking accessory to any of the above permitted uses, including
surface parking, garage, parking under buildings, and above and below
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December 10, 2007
grade structured parking, subject to the dimensional requirements of
this Section 4.11.
4.11.5.3. Accessory uses customarily incidental to any of the above permitted
uses.
4.11.6 Prohibited uses or activities in the GSGD. All uses not expressly allowed
are prohibited.
4.11.7 Dimensional and other requirements. Notwithstanding anything to the
contrary in this Section 4.11, the dimensional requirements applicable in
the GSGD are as follows:
4.11.7.1. Density. Subject to the limit on Maximum Residential Development in
Section 4.11.7.4 below, Multi-family residential uses shall be
permitted As-of-Right at a density of at least twenty (20) Dwelling
Units per acre of Developable Land.
4.11.7.2. Table of Dimensional Regulations.
Table of Dimensional Regulations.
Dimensional Control
Minimum Lot Area
N/A
Minimum Frontage (min.)
loft
Front Yard (min.)
10 feet
Side Yard (min.)
10 feet
Rear Yard (min.)
10 feet
Lot Coverage (max.)
60%
Landscaped Area (min.)
25%
Building Height (max.)
4 stories,
not to exceed 55 feet
Required Structure Setback from a Single
Family Residence District
100 feet (see Section
4.11.9.12)
Required Width of a Vegetative Buffer
Strip Adjacent to a Single Family
Residence District
30 feet (see Section
4.11.9.12)
4.11.7.3. Number of buildings on a lot. In the GSGD, more than one principal
building may be erected on a lot.
4.11.7.4. Maximum Residential Development. The aggregate number of
Dwelling Units that shall be permitted pursuant to this Section 4.11
shall be two hundred and two (202).
4.11.7.5. Structured g igg. Structured parking allowable pursuant to Section
4.11.5(2) shall be governed by this Section 4.11 and by Design
Standards in Section 4.11.9., and shall not exceed forty-five (45) feet
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y9 December 10, 2007
in height and shall be approved as to capacity and location by the
Approving Authority.
4.11.8 Parking.
4.11.8.1. Parking shall be provided in order to meet or exceed the following
minimum requirements: at least 1.6 parking spaces shall be provided
for each Dwelling Unit. When application of this requirement results
in a number that includes a fraction, the fraction shall be rounded up to
the next whole number. .
4.11.8.2. Shared Parking. Notwithstanding anything to the contrary herein, the
use of shared parking to fulfill parking demands noted above that
occur at different times of day is strongly encouraged. Minimum
parking requirements above may be reduced by the Approving
Authority through the Plan Approval process if the Applicant can
demonstrate that shared spaces will meet parking demands by using
accepted methodologies (e.g. the Urban Land Institute Shared Parking
Report, ITE Shared Parking Guidelines, or other approved studies).
4.11.8.3. Reduction in parking requirements. Notwithstanding anything to the
contrary herein, any minimum required amount of parking may be
reduced by the Approving. Authority through the Plan Approval
process if the Applicant can demonstrate that the lesser amount of
parking will not cause excessive congestion, endanger public safety, or
that a lesser amount of parking will provide positive environmental or
other benefits, taking into consideration:
4.11.8.3.1. The availability of surplus off-street parking within the
Business C zoning district;
4.11.8.3.2. The availability of on-street, public or commercial parking
facilities within the Business C zoning district;
4.11.8.3.3. Shared use of parking spaces serving other uses having peak
user demands at different times;
4.11.8.3.4. Age or other occupancy restrictions which are likely to result in
a lower level of auto usage;
4.11.8.3.5. Impact of the parking requirement on the physical environment
of the affected lot or the adjacent lots including reduction in
open space, destruction of significant existing trees and other
vegetation, or loss of pedestrian amenities along public ways;
and
4.11.8.3.6. Such other factors as may be considered by the Approving
Authority.
Where such reduction is authorized, the Approving Authority may
impose conditions of use or occupancy appropriate to such reductions.
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10 December 10, 2007
4.11.8.4. Parking shall be designed and constructed to comply with all
applicable disability access requirements including, but not limited to,
the Americans with Disabilities Act (ADA) and the regulations of the
Massachusetts Architectural Access Board (AAB).
4.11.9 Design Standards. To ensure that new development shall be of high
quality, and shall meet the standards envisioned by the Town of Reading
in adopting this By-Law, the physical character of a Development Project
within the GSGD shall comply with the following Design Standards in the
issuance of Plan Approval for a Development Project within the GSGD.
The Design Standards include standards as authorized at 760 CMR
59.04(1)(f) not only governing the design of buildings but also the
dimensions and layouts of roadways and parking areas, consistent with the
character of building types, streetscapes and other features traditionally
found in densely settled areas of the Town of Reading, the protection of
natural site features, the location and design of on-site open spaces,
exterior signage and landscaping and other buffering in relation to
adjacent properties, and the standards for the construction and
maintenance of drainage facilities within the Development Project.
4.11.9.1. Scale, Proportion and Exterior Appearance of Buildings.
4.11.9.1.1. Building Facades.
4.11.9.1.1.1 Building design shall maintain the distinction between
upper and lower floors for multi-story buildings using
horizontal elements such as varied building materials.
4.11.9.1.1.2
Projecting bays, columns, recessed balconies and roof
shape variation should be utilized. Building facades
may also include appurtenances such as cupolas,
gables, turrets, spires, widow walks, trellises, etc.
4.11.9.1.1.3
The architectural features, materials, and the
articulation of a facade of a building shall be continued
on all sides visible from a public street or circulation
road.
4.11.9.1.1.4
Building facades shall vary in height or vary the planes
of exterior walls in depth and direction to break up the
box-like mass and scale of new buildings.
4.11.9.1.1.5
No uninterrupted length of any facade should exceed
40% of the fagade's total length, or 85 horizontal feet,
whichever is less, without incorporating one of the
following: color change, material change, texture
change; and one of the following: plane projections or
recesses, trellises, balconies, or windows.
4.11.9.1.1.6
The architecture facing a public space or Traveled Way
or Sidewalk should incorporate features such as
moldings, pilasters and other architectural details.
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4.11.9.1.1.7 Balconies and porches. Residential balconies and
porches are encouraged where practical, particularly on
building facades fronting on a Traveled Way, Sidewalk
or the Village Green.
4.11.9.1.2. Roof Profiles.
4.11.9.1.2.1 Roof profiles should employ varied vertical and
horizontal planes for visual relief to the tops of
buildings. Design elements such as parapets, cornices,
towers and piers may also be used. HVAC equipment
shall be screened.
4.11.9.1.2.2 Design elements such as false mansard roofing may be
used to create the appearance that the fourth floor of a
building is incorporated into the roof line.
4.11.9.1.3. Windows and Doorways.
4.11.9.1.3.1 Fenestration patterns may vary from building to
building, but overall the development should exhibit
general consistency of proportions along a Traveled
Way.
4.11.9.1.3.2 Windows should be designed to add visual relief to a
wall, which may include insetting the window pane a
minimum of three (3) inches from the exterior wall
surface.
4.11.9.1.3.3 In general, all windows should be taller than they are
wide; provided however, that several vertically-oriented
windows may be placed consecutively such that the
combined width exceeds the height and excluding
specific sections of glass (or "storefront") used at
building entrances, offices or common areas.
4.11.9.1.3.4 Windows on top floors should not be wider than
windows on the first floor.
4.11.9.1.3.5 Windows on the top and bottom floors should generally
align vertically.
4.11.9.1.3.6 Recessed doorways are preferred, in order to break up
the building fagade, provide a welcoming space, and
provide protection from sun and rain. Where a recessed
doorway is not used, an awning or vestibule can have a
similar effect and may be used. Adequate lighting for
the doorway shall be provided at night.
4.11.9.1.4. Materials and Color.
4.11.9.1.4.1 Building fagade materials including, but not limited to,
brick, wood, cementitious fiber board, manufactured
limestone, cast stone, masonry, stone, glass, terra cotta,
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12 December 10, 2007
cellular PVC trim, tile and sustainable materials are
permitted within the District.
4.11.9.1.4.2 A combination of materials should be used within a
building.
4.11.9.1.5. Sustainable Design. Sustainable design principles shall be
considered for all buildings and site design elements to the
maximum extent practical. Sustainable design elements
intended to reduce energy consumption may include skylights
and "day lighting," windows with low solar-gain factors,
landscaping, as well as system and material selections that
meet or exceed Energy Star standards.
4.11.9.1.6. Protection of public safety. Site design shall include adequate
water supply distribution and storage for fire protection.
Vehicular circulation shall meet the access needs of emergency
and public safety vehicles. The adequacy of the foregoing shall
be based on the reasonable requirements of the Reading Chief
of Police and Fire Chief, in their respective fields.
4.11.9.1.7. Service Areas shall be screened from view from adjacent
residential districts with materials consistent with the primary
building fagade, fencing and/or vegetation.
4.11.9.2. Placement, Alignment, Width and Grade of Streets and Sidewalks.
4.11.9.2.1. Design and location. The overall site design shall include a
transportation network providing for vehicular and pedestrian
circulation to and within the GSGD. Design and construction
shall incorporate sound engineering and construction standards
including adequate provisions for drainage.
4.11.9.2.2. Traveled Ways. There are two categories of Traveled Ways:
Circulation Roads and Driveways.
4.11.9.2.2.1 Circulation Roads shall be a maximum of 26 feet wide
for a two-way road (20 feet for those roads that are one-
way). Circulation Roads may allow for parallel parking,
and shall have granite curbing or edging, and shall
contain Sidewalks on at least one side.
4.11.9.2.2.2 Driveways serving parking areas should be a maximum
of 24 feet wide for a two-way Driveway (18 feet wide
for a one-way) and may have access to perpendicular
parking.
4.11.9.2.3. Pedestrian Ways.
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4.11.9.2.3.1
Pedestrian Ways shall be a minimum of five (5) feet
wide. Pedestrian Ways may include street lamps or
street trees that encroach on the sidewalk, provided that
a minimum width of 42" must be maintained.
4.11.9.2.3.2
Sidewalks shall be constructed of concrete, masonry,
bituminous concrete, stone dust, or stone.
4.11.9.2.3.3
Sidewalks may be separated from Traveled Ways by a
landscaped strip no less than five (5) feet wide
including street trees with permeable grates sufficient
for proper irrigation of the tree's root system.
4.11.9.2.3.4
Lighted walkways shall be provided to link buildings
with public spaces, parking areas, recreation facilities
and Sidewalks on adjacent land wherever practical.
4.11.9.2.3.5
Where pedestrian connections cross Traveled Ways, a
crosswalk or change in paving shall delineate the
pedestrian connection.
4.11.9.2.3.6
Sidewalks and Paths shall be accessible to the
handicapped in accordance with the Americans with
Disabilities Act and the Massachusetts Architectural
Access Board.
4.11.9.2.3.7
All Sidewalks and Paths shall be open to the public.
4.11.9.2.3.8
A pedestrian connection shall be provided from the
District, and through adjacent land as necessary, to
allow direct pedestrian access from the District to South
Street.
4.11.9.2.4. Vehicular curb cuts may be limited to intersections with other
Traveled Ways or access drives to parking or loading areas for
commercial, civic or multifamily residential uses.
4.11.9.3. Type and Location of Infrastructure.
4.11.9.3.1. Plans. The plans and any necessary supporting documents
submitted with an application for Plan Approval within the
GSGD shall show the general location, size, character, and
general area of Traveled Ways and public spaces or facilities.
4.11.9.3.2. Ownership and maintenance. The plans and documentation
submitted to the Approving Authority shall include a
description of proposed private ownership and maintenance of
all Traveled Ways, including vehicular ways and Sidewalks,
and all proposed public spaces or facilities. As a condition of
Plan Approval, the Approving Authority may require provision
of an Operations and Maintenance Plan for Traveled Ways and
drainage facilities associated with the Traveled Ways. If
applicable, a homeowners' association, a condominium
association or a business association may be established to
ensure that all Traveled Ways and associated drainage facilities
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14 December 10, 2007
shall be properly maintained by a private party, and that the
Town of Reading shall incur no expense related to such
operations and maintenance.
4.11.9.3.3. Underground Utilities. All new utilities (except water and
wastewater treatment structures and other facilities that require
above grade access) shall be installed underground.
4.11.9.3.4. Stormwater management shall incorporate "Best Management
Practices" (BMP) as prescribed by the Massachusetts
Department of Environmental Protection.
4.11.9.4. Location of Building and Garage Entrances.
4.11.9.4.1. Entrances to residential units that are not required to be
handicap accessible or adaptable may be vertically separated
from the public Sidewalk by at least 12" and by at least 24"
where the front fagade of the house or front porch is within 10'
of the public Sidewalk.
4.11.9.4.2. Building entrances shall provide direct access to one or more
Pedestrian Ways.
4.11.9.4.3. Garages. If garages are proposed, they should be designed in
such a way that they do not front on a Circulation Road.
Detached garage banks, or recessed locations behind, under or
in the side yard of a dwelling unit, may be used where
practical.
4.11.9.5. Off-Street Parking & Loading.
4.11.9.5.1. Parking may be provided within or below residential structures.
Surface parking lots shall be located to the side and the rear of
buildings as oriented toward a Circulation Road with no more
than 4 rows of parking including 2 driveways located between
a building and a Circulation Road.
4.11.9.5.2. No parking area shall be located within thirty (30) feet of the
Single Family Residence District, and no parking area or
building shall be allowed in Restricted Area "A" as shown on
the plan entitled: "Plan Showing Height Limitation and
Setback Areas, Business C District in Reading, Mass.", dated
March 27, 2000, Scale 1" = 60', by Hayes Engineering, Inc., on
file with the Reading Town Clerk.
4.11.9.5.3. Curb side loading spaces may be provided.
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4.11.9.5.4. Typical parking spaces in a parking lot shall have minimum
dimensions of 9 feet x 18 feet.
4.11.9.5.5. Parallel parking shall have minimum dimensions of 8 feet x 22
feet.
4.11.9.5.6. Compact car spaces may be provided to a maximum of 30% of
all non-parallel parking spaces. The minimum stall size for
compact cars is 8 feet x 16 feet and signage and pavement
markings shall be installed identifying compact car spaces.
4.11.9.5.7. Handicapped parking spaces shall be provided in compliance
with the Americans with Disabilities Act and the
Massachusetts Architectural Access Board.
4.11.9.5.8. Large parking areas shall be landscaped to minimize their
visibility from Traveled Ways and from areas outside the
District. Continuous parking areas, or lots, of 50-200 spaces
shall have 5% of the area landscaped; lots over 200 parking
spaces shall have 7% of the total area landscaped. (See Section
4.11.9.13 Design Standards Summary Table.)
4.11.9.6. Protection of Significant Natural Site Features.
4.11.9.6.1. Plans submitted to the Approving Authority shall identify trees
to be preserved within the Project. Trees shall be tagged in the
field and appropriately designated on project plans.
4.11.9.6.2. Roadways and lots shall be designed and located in such a
manner as to maintain and preserve, to the maximum extent
practical, existing tree cover, wetlands, natural topography and
significant natural resources, and to minimize cut and fill.
4.11.9.6.3. The area in the northwest corner of the District shall be
preserved as existing open space and the existing mature
vegetation in that location shall not be cut. No parking,
building or construction of any structure or impervious surface
shall be allowed in the portion of the District within Restricted
Area "A" as shown on the plan entitled: "Plan Showing Height
Limitation and Setback Areas, Business C District in Reading,
Mass.", dated March 27, 2000, Scale 1" = 60', by Hayes
Engineering, Inc., on file with the Reading Town Clerk.
4.11.9.7. Location and Design of On-Site Open Space Areas.
4.11.9.7.1. Open spaces shall be landscaped to allow for a variety of uses.
Open spaces may include sidewalk furniture and small
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December 10, 2007
structures such as a gazebo or trellis to increase the options for
use and enjoyment of the spaces.
4.11.9.7.2. A Project shall include a central Village Green, a minimum of
15,000 square feet in area measured from curb to curb and
inclusive of Sidewalks oriented to and directly accessible from
a Traveled Way. The Village Green shall be adjacent to the
residential uses in the Project. Additional gathering spaces may
be located throughout the Project.
4.11.9.7.3. The Village Green shall be located at a vehicular intersection in
the Project, and shall be pedestrian accessible from two or
more sides. Where practical, buildings and uses may front on
the Village Green.
4.11.9.7.4. Circulation shall be provided with a continuous Path through
parks. Surfaces may include gravel, concrete, stone dust or
bituminous concrete. Access shall be continuous from all
points of interest and allow free passage through the space on
foot and bicycle.
4.11.9.7.5. The Village Green shall be landscaped with a variety of ground
coverings, flowers, plants, shrubs, and trees, and may
incorporate one or more "hard" elements such as fencing,
gazebo, seating areas, and decorative paving.
4.11.9.7.6. Open Spaces shall be served by direct pedestrian access.
4.11.9.8. Landscgping.
4.11.9.8.1. Plantings shall include a variety of species and should consider
the local climate, site conditions, salt level, and water level.
4.11.9.8.2. Circulation Roads shall include a minimum of one shade tree
every 50 linear feet. Additional trees and landscaping is
encouraged.
4.11.9.8.3. Parking Area Landscaping. Surface parking lots shall have
landscaped islands to divide large parking areas.
4.11.9.8.4. Landscaping of Traveled Ways. Landscape plantings for all the
Traveled Ways in a Development Project shall include
deciduous shade trees. These plantings may be in either linear
rows or informal groupings. Regular rows shall be used in
cases where the Traveled Way abuts walkways, parking lots
and buildings. Informal groupings may be used where the
Traveled Way abuts existing vegetation.
Special Town Meeting
17 December 10, 2007
4.11.9.9. Screening/Fencing.
4.11.9.9.1. Fences. Fences may be used to provide continuity to a
streetscape, privacy for homeowners and their guests from
passers by, to help differentiate private space from public space
and to reinforce the pedestrian scale of the streetscape.
4.11.9.9.2. All fencing or walls utilized to screen parking and/or service
areas shall meet the following specifications:
4.11.9.9.2.1
4.11.9.9.2.2
4.11.9.9.2.3
4.11.9.10. Lighting.
Ornamental metal fencing, decorative wood fencing, or
masonry walls shall be allowed. Wood picket fences,
decorative metal fences and stonewalls are encouraged.
Concrete 'retaining walls with a fascia may be used if
permitted by the Approving Authority.
Concrete walls and chain link fences should not be
used. Chain link fencing is prohibited for screening
purposes. Black, vinyl-coated chain link fencing is
permissible for non-screening purposes including
safety, security and access restriction.
Fencing or walls shall be a minimum of three (3) feet
high.
4.11.9.10.1. For lighting fixture heights and spacing dimensions, please see
Section 4.11.9.13 Design Standards Summary Table.
4.11.9.10.2. All outdoor lighting in a Project shall comply with the
following shielding provision: Direct light emitted by exterior
luminaire shall not emit directly by a lamp, off a reflector, or
through a refractor above a horizontal plane (90 degrees)
through the fixture's lowest light-emitting part. Light from
outdoor fixtures is prohibited from spilling into abutting single-
family residential districts.
4.11.9.10.3. Prevention of light pollution. A Development Project within
the District shall employ outdoor illuminating devices, lighting
practices, and systems which will conserve energy while
maintaining reasonable nighttime safety and security. All
outdoor lighting in a Project, except those regulated by Federal,
State, or municipal authorities, whether ground, pole, or wall-
mounted, shall comply with the following provisions:
4.11.9.10.3.1 Maximum height requirements are as defined in Section
4.11.9.13 Design Standards Summary Table.
18 Special Town Meeting
December 10, 2007
4.11.9.10.3.2
The height of a light fixture shall be measured from the
ground to the light emitting flat glass of the luminaire;
pole height may be higher than this light-emitting
height.
4.11.9.10.3.3
If the Sidewalk includes street trees, locate streetlights
between the trees so that the tree canopy does not
interfere with illumination coverage.
4.11.9.10.3.4
Street poles and lighting fixtures shall be dark in color
to reduce light reflectivity.
4.11.9.10.3.5
Shielding. Direct light emitted by an outdoor light
fixture shall not emit directly by a lamp, off a reflector
or through a refractor above a horizontal plane through
the fixture's lowest light-emitting part.
4.11.9.10.3.6
All light fixtures shall emit a steady and constant light
and shall not emit a flashing or irregular light, unless
specifically required by Federal, State, or municipal
authorities.
4.11.9.10.3.7
Prohibited light sources.
4.11.9.10.3.7.1. Mercury vapor and quartz lamps. For the
purposes of these Design Standards, quartz
lamps shall not be considered an incandescent
light source.
4.11.9.10.3.7.2. Laser source light. The use of laser source light
or any similar high-intensity light for outdoor
advertising, when projected above the
horizontal, is prohibited.
4.11.9.10.3.7.3. Searchlights. The operation of searchlights is
prohibited.
4.11.9.10.3.7.4. Internally lit signs and flashing signs, including
neon signs, are prohibited.
4.11.9.10.3.7.5. Metal halide lighting. All outdoor light fixtures
utilizing a metal halide lamp or lamps shall be
shielded and filtered. Filtering using quartz
glass does not meet this requirement.
4.11.9.10.3.8 Exemptions.
4.11.9.10.3.8.1. Fossil fuel light. All outdoor light fixtures
producing light directly by the combustion of
natural gas or other fossil fuels are exempt from
all requirements of this By-Law.
4.11.9.10.3.8.2. Other light sources. All outdoor light fixtures
using an incandescent lamp or lamps of 150
watts or less are exempt from all requirements
of this bylaw. All outdoor light fixtures using
any lamp or lamps of 50 total watts or less are
Special Town Meeting
19 December 10, 2007
exempt from all requirements of these Design
Standards.
4.11.9.10.3.8.3. Specialty lights. Alternative outdoor light
fixtures may be allowed if it is found that the
fixture's design and appearance are superior,
significant light pollution will not be created,
and glare is minimal.
4.11.9.10.4. Exterior Light Timing. Exterior lighting may be controlled by a
photo sensor or time switch that automatically reduces light
levels, decreasing light levels during nighttime hours while still
maintaining necessary security lighting.
4.11.9.10.5. Light levels shall meet or exceed the minimum design
guidelines defined by the Illuminating Engineering Society of
North America (IESNA).
4.11.9.11. Exterior Signs.
4.11.9.11.1. A Project may include one residential access sign not in excess
of forty (40) square feet at each vehicular access point to the
Project and one residential building sign not in excess of
sixteen (16) square feet located flat against the wall of each
residential building, subject to approval by Reading public
safety officials.
4.11.9.11.2. Wa, finding Si ns. Installation of small, externally illuminated
wayfinding signs not to exceed two square feet in area per side
is encouraged to assist visitors to locate sites of interest within
the District. Wayfinding signs should not exceed seven (7) feet
in height, and should be installed for the benefit of both
automotive and pedestrian traffic.
4.11.9.11.3. Non-commercial flags are permitted within the District and
shall not be regulated as signs.
4.11.9.11.4. In no case shall signage project above the roof line.
4.11.9.11.5. Signage must be externally lighted. The fixtures should either
be decorative (such as goose-neck lights) or camouflaged.
Wiring should be concealed within building molding and lines.
Lighting should be mounted at an oblique angle to eliminate
glare.
4.11.9.11.6. Prohibited Sign Types. Commercial signage is prohibited.
4.11.9.12. Buffering in Relation to Adjacent Properties.
Special Town Meeting
20 December 10, 2007
4.11.9.12.1. Buffer from adjacent existing residential development. No
building shall be located within one hundred (100) feet of a
Single Family Residence District.
4.11.9.12.2. There shall be a landscaped buffer strip of a minimum width of
thirty (30) feet along the full abutting length of a Single Family
Residence District.
4.11.9.12.2.1 The landscaped buffer shall have, at a minimum, a
staggered double row of a 70%/30% mixture of
evergreen/deciduous trees. Evergreen trees shall be a
minimum of six (6) feet in height at the time of planting.
Trunks of deciduous trees shall be a minimum of 3 inches
caliper at the time of planting. Plant material shall be
maintained in a healthy condition or replaced to attain
required height. Buffer edge shall be planted a minimum of
two (2) feet off of the property line abutting a residential
district.
4.11.9.12.2.2 In lieu of the requirements of Sec. 4.11.9.12.2.1, the
Approving Authority may require construction of a
combination of fencing, raised berm or berms and planted
materials in the landscaped buffer strip in order to screen
adjacent properties from visual impacts associated with
automobiles and automobile headlights within the District.
In their determination of the need for screening as it varies
along the District boundary, the Approving Authority shall
consider the preservation of existing vegetation and the
anticipated visibility of buildings in the District from
abutting properties, including whether such fencing, berm
or berms, and planted materials will provide greater
screening than the preservation of existing vegetation.
Special Town Meeting
21 December 10, 2007
4.11.9.13. Design Standards Summary Table
Circulation Road
Driveways
Paths
Village Green
Surface Parkin '
2 lanes
26 Ft.
2 lanes, 24
Minimums: 9'x 18'
i
,
maximum width
Ft. maximum
'
typical. 8' x 22' i
Dimensions
plus parallel
(18 Ft.
5
minimum
15,000 sf
parallel.
parking (20 Ft.
maximum for
width
minimum
8'x 16 compact
max for one way)
one-way
o ,
(30% maximum)
driveway)
Granite,
Granite,
concrete
Granite
concrete,
concrete,
Granite, concrete, !
j
,
,
bituminous
bituminous
None
bituminous
bituminous
i Curbing
concrete
and/or
concrete,
required.
concrete,
i
concrete, and/or ,
,
landscape swale.
and/or
and/or
landscape swale.
i
landscape
landscape
i
swale.
swale.
Parallel
Parallel parking
parking,
None
On-Street
allowed on one or
head-in or
N/A
required on
N/A !
Parking
both sides at 8 x
angled
Village
i
22 Ft. minimum
parking
Green edge
j
permitted
j
Deciduous
Lots of 50-200
i
Deciduous Trees
Trees,
Deciduous
spaces must have
i
,
Evergreen Trees
Evergreen
Trees, Shrub
o
5 /o landscaped; i
i
every 50 Ft. O.C.
Trees,
Material,
200 spaces or more
Landscaping
minimum Shrub
and/or
Street
must have 7%
Material. Plus
Shrub
Furniture,
landscaped. All
Seasonal
Material.
and
islands shall be
i
Plantings.
Plus
Seasonal
minimum of 100
Seasonal
Plantings.
SF
Plantings.
j Sidewalk
5 Ft. Minimum
j Width,
(One or Two
Minimum
Minimum
N/A
Location
Sides)
- - - - - - - - - -
- -
-
Poured or
Poured or
Poured or
bituminous
bituminous
bituminous
concrete,
concrete,
Sidewalk
concrete, crushed
N/A
crushed
crushed
N/A
Material
stone, stone dust
stone,
stone, stone
i
or similar
stone dust
dust or
materials.
or similar
similar
i
materials.
materials.
Special Town Meeting
22
December 10, 2007
Height of
I
I Lighting
j Fixtures
j "C
Off'
18 Ft
. maximum
18 Ft.
18 Ft.
18 Ft.
j
25 Ft. maximum ,
ut-
to
maximum
maximum
maximum
' 90 degrees or
I
I
' less
Traffic,
i
Signage
Wayfinding,
Traffic,
Wayfinding
Wayfinding
'
Traffic
Wayfinding
Residential
Wayfinding
,
Access
L
i
4.11.10 Affordable housing.
4.11.10.1. Number of affordable units. Twenty percent (20%) of all Dwelling
Units constructed in a Development Project shall be maintained as
Affordable Units. Twenty-five percent (25%) of all rental Dwelling
Units in a Development Project shall be Affordable Units provided,
however, that this requirement may be satisfied if twenty percent
(20%) of all rental Dwelling Units in a Development Project are priced
for and made available to Eligible Households, Low Income in
accordance with the requirements of this Section 4.11.10. In
Development Projects in which all of the Dwelling Units are limited to
occupancy by elderly persons and/or by persons with disabilities,
twenty-five percent (25%) of the Dwelling Units shall be Affordable
Units, whether the Dwelling Units are rental or ownership units.
4.11.10.2. Fractional Units. When the application of the percentages specified
above results in a number that includes a fraction, the fraction shall be
rounded up to the next whole number.
4.11.10.3. Affordable Units shall comply with the following requirements:
4.11.10.3.1. The monthly rent payment for an Affordable Rental Unit,
including utilities and parking, shall not exceed thirty percent
(30%) of the maximum monthly income permissible for an
Eligible Household, assuming a Family size equal to the
number of bedrooms in the unit plus one, unless other
affordable program rent limits approved by DHCD shall apply;
4.11.10.3.2. For an Affordable Homeownership Unit the monthly housing
payment, including mortgage principal and interest, private
mortgage insurance, property taxes, condominium and/or
homeowner's association fees, insurance, and parking, shall not
exceed thirty percent (30%) of the maximum monthly income
permissible for an Eligible Household, assuming a Family size
equal to the number of bedrooms in the unit plus one; and
4.11.10.3.3. Affordable Units required to be offered for rent or sale shall be
rented or sold to and occupied only by Eligible Households.
Special Town Meeting
23 December 10, 2007
4.11.10.4. Design and construction.
4.11.10.4.1. Design. Affordable Units must be dispersed throughout a
Development Project and be comparable in initial construction
quality and exterior design to the Unrestricted Units. However,
nothing in this section is intended to limit a homebuyer's rights
to renovate a Dwelling Unit under applicable law. The
Affordable Units must have access to all on-site amenities.
Affordable Units shall be finished housing units; and
4.11.10.4.2. Timing. All Affordable Units must be constructed and
occupied not later than concurrently with construction and
occupancy of Unrestricted Units and, for Development Projects
that are constructed and approved in phases, Affordable Units
must be constructed and occupied in proportion to the number
of units in each phase of the Development Project.
4.11.10.5. Unit mix. The total number of bedrooms in the Affordable Units shall,
insofar as practicable, be in the same proportion to the total number of
bedrooms in the Unrestricted Units.
4.11.10.6. Affordable housing restriction. Each Affordable Unit shall be subject
to an Affordable Housing Restriction which is recorded with the
Middlesex South District Registry of Deeds or the Middlesex South
Registry District of the Land Court. The Affordable Housing
Restriction shall provide for the implementation of the requirements of
this Section 4.11. All Affordable Housing Restrictions must include, at
minimum, the following:
4.11.10.6.1.
Description of the Development Project, including whether the
Affordable Unit will be rented or owner-occupied;
4.11.10.6.2.
A description of the Affordable Homeownership Unit, if any,
by address and number of bedrooms; and a description of the
overall quantity and number of bedrooms and number of
bedroom types of Affordable Rental Units in a Project or
portion of a Project which are rental. Such restriction shall
apply individually to the specifically identified Affordable
Homeownership Unit and shall apply to a percentage of rental
units of a rental Project or the rental portion of a Project
without specific unit identification;
4.11.10.6.3.
The term of the Affordable Housing Restriction shall be in
perpetuity or the longest period customarily allowed by law but
shall be no less than thirty (30) years;
4.11.10.6.4.
The name and address of an Administering Agency with a
designation of its power to monitor and enforce the Affordable
Housing Restriction;
4.11.10.6.5.
Reference to a housing marketing and resident selection plan,
to which the Affordable Unit is subject, and which includes an
Special Town Meeting
24
December 10, 2007
affirmative fair housing marketing program, including public
notice and a fair resident selection process. The housing
marketing and selection plan shall provide for local preferences
in resident selection to the maximum extent permitted under
applicable law. The plan shall designate the household size
appropriate for a unit with respect to bedroom size and provide
that preference for such unit shall be given to a household of
the appropriate size;
4.11.10.6.6.
A requirement that buyers or tenants will be selected at the
initial sale or initial rental and upon all subsequent sales and
rentals from a list of Eligible Households compiled in
accordance with the housing marketing and selection plan;
4.11.10.6.7.
Reference to the formula pursuant to which rent of a rental unit
or the maximum resale price of a homeownership unit will be
set;
4.11.10.6.8.
A requirement that only an Eligible Household may reside in
an Affordable Unit and that notice of any lease or sublease of
any Affordable Unit to another Eligible Household shall be
given to the Administering Agency;
4.11.10.6.9.
Provision for effective monitoring and enforcement of the
terms and provisions of the Affordable Housing Restriction by
the Administering Agency;
4.11.10.6.10.
Provision that the restriction on an Affordable Homeownership
Unit shall run in favor of the Administering Agency and the
Town of Reading, in a form approved by municipal counsel,
and shall limit initial sale and re-sale to, and occupancy by, an
Eligible Household;
4.11.10.6.11.
Provision that the restriction on Affordable Rental Units in a
rental Development Project or rental portion of a Development
Project shall run with the rental Development Project or rental
portion of a Development Project and shall run in favor of the
Administering Agency and/or the municipality, in a form
approved by municipal counsel, and shall limit rental and
occupancy to an Eligible Household;
4.11.10.6.12.
Provision that the owner(s) or manager(s) of Affordable Rental
Unit(s) shall file an annual report to the Administering Agency,
in a form acceptable to the agency, certifying compliance with
the provisions of this By-Law and containing such other
information as may be reasonably requested in order to ensure
affordability;
4.11.10.6.13.
A requirement that residents in Affordable Units provide such
information as the Administering Agency may reasonably
request in order to ensure affordability; and
4.11.10.6.14.
Designation of the priority of the Affordable Housing
Restriction over other mortgages and restrictions.
Special Town Meeting
25 December 10, 2007
4.11.10.7. Administration.
4.11.10.7.1. Administering Agency. An Administering Agency for
Affordable Units, which may be the Reading Housing
Authority or other qualified housing entity, shall be designated
by the Reading Board of Selectmen and shall ensure the
following:
4.11.10.7.1.1 Prices of Affordable Homeownership Units are
properly computed; rental amounts of Affordable
Rental Units are properly computed;
4.11.10.7.1.2 Income eligibility of households applying for
Affordable Units is properly and reliably determined;
4.11.10.7.1.3 The housing marketing and resident selection plan
conforms to all requirements and is properly
administered;
4.11.10.7.1.4 Sales and rentals are made to Eligible Households
chosen in accordance with the housing marketing and
resident selection plan with appropriate unit size for
each household being properly determined and proper
preference being given; and
4.11.10.7.1.5 Affordable Housing Restrictions meeting the
requirements of this section are recorded with the
Middlesex South District Registry of Deeds or the
Middlesex South Registry District of the Land Court.
4.11.10.7.2. Housing Marketing and Selection Plan. The housing marketing
and selection plan may make provision for payment by the
Project Applicant of reasonable costs to the Administering
Agency to develop, advertise, and maintain the list of Eligible
Households and to monitor and enforce compliance with
affordability requirements.
4.11.10.7.3. Failure of the Administering Agency. In the case where the
Administering Agency cannot adequately carry out its
administrative duties, upon certification of this fact by the
Board of Selectmen or by the Department of Housing and
Community Development, the administrative duties shall
devolve to, and thereafter be administered by, a qualified
housing entity designated by the Board of Selectmen or, in the
absence of such designation, by an entity designated by the
Department of Housing and Community Development.
4.11.11 Plan Review. The CPDC shall be the Approving Authority for Plan
Approvals in the GSGD, and shall adopt and file with the Town Clerk
administrative rules relative to the application requirements and contents
for Plan Review. Such administrative rules and any amendment thereto
must be approved by the Department of Housing and Community
Development. The Plan Review process encompasses the following:
26 Special Town Meeting
December 10, 2007
4.11.11.1. Pre-application review. The Applicant is encouraged to participate in a
pre-application review at a regular meeting of the Approving
Authority. The purpose of the pre-application review is to minimize
the Applicant's cost of engineering and other technical experts, and to
obtain the advice and direction of the Approving Authority prior to
filing the application. At the pre-application review, the Applicant
shall outline the proposal and seek preliminary feedback from the
Approving Authority, other municipal review entities, and members of
the public. The Applicant is also encouraged to request a site visit by
the Approving Authority and/or its designee in order to facilitate pre-
application review.
4.11.11.2. Application procedures.
4.11.11.2.1. An application for Plan Approval shall be filed by the
Applicant with the Town Clerk. A copy of the application,
including the date of filing certified by the Town Clerk, as well
as the required number of copies of the application, shall be
filed forthwith by the Applicant with the Approving Authority.
Application submissions must include a hard copy as well as an
electronic copy in PDF or CAD format. Said filing shall
include any required forms provided by the Approving
Authority. As part of any application for Plan Approval for a
Development Project, the Applicant must submit the following
documents to the Approving Authority and the Administering
Agency:
4.11.11.2.1.1 Evidence that the Development Project complies with
the cost and eligibility requirements of Section 4.11.10;
4.11.11.2.1.2 Development Project plans that demonstrate
compliance with the design and construction standards
of Section.4.11.9; and
4.11.11.2.1.3 A form of Affordable Housing Restriction that satisfies
the requirements of Section 4.11.10.
4.11.11.2.2. Review fees. The Applicant shall be required to pay for
reasonable consulting fees to provide peer review of the
application for the benefit of the Approving Authority. Such
fees shall be held by the Town of Reading in an interest-
bearing escrow account, and shall be used only for expenses
associated with the use of outside consultants employed by the
Approving Authority in reviewing the Plan application. Any
surplus funds remaining after the completion of such review,
including any interest accrued, shall be returned to the
Applicant forthwith;
4.11.11.2.3. Upon receipt by the Approving Authority, applications shall be
distributed to the Building Inspector, Fire Chief, Police Chief,
Special Town Meeting
27 December 10, 2007
Board of Health, Conservation Commission, the Board of
Selectmen, Housing Authority and the Department of Public
Works. Any reports from these parties shall be submitted to the
Approving Authority within sixty (60) days of filing of the
application; and
4.11.11.2.4. Within thirty (30) days of filing of an application with the
Approving Authority, the Approving Authority or its designee
shall evaluate the proposal with regard to its completeness and
shall submit an advisory report in writing to the Applicant
certifying the completeness of the application. The Approving
Authority or its designee shall forward to the Applicant, with
its report, copies of all recommendations received to date from
other boards, commissions or departments.
4.11.11.3. Public hearing. The Approving Authority shall hold a public hearing
and review all applications according to the procedure specified in
Section 11 of Chapter OR of the General Laws and 760 CMR
59.04(1)(f) and shall, at the Applicant's expense, provide mailed
notice of said hearing to all parties in interest in accordance with the
procedures set forth in Section 11 of Chapter 40A of the General
Laws.
4.11.11.4. Prior to the granting of any Plan Approval for a Development Project,
the Applicant must demonstrate, to the satisfaction of the
Administering Agency, that the method by which such affordable rents
or affordable purchase prices are computed shall be consistent with
state or federal guidelines for affordability applicable to the Town of
Reading. Upon this finding, the Administering Agency must submit in
writing to the Approving Authority that these affordability components
of the Development Project are consistent with applicable state or
federal guidelines for affordability.
4.11.11.5. Plan Approval decision.
4.11.11.5.1. The Approving Authority shall make a decision on the Plan
application, and shall file said decision, together with the
detailed reasons therefore, with the Town Clerk, within one
hundred twenty (120) days of the date the application was
received by the Town Clerk. The time limit for public hearings
and taking of action by the Approving Authority may be
extended by written agreement between the Applicant and the
Approving Authority. A copy of such agreement shall be filed
with the Town Clerk;
4.11.11.5.2. Failure of the Approving Authority to take action within one
hundred twenty (120) days or extended time, if applicable,
shall be deemed to be an approval of the application;
4.11.11.5.3. An Applicant who seeks approval because of the Approving
Authority's failure to act on an application within the one
Special Town Meeting
28 December 10, 2007
hundred twenty (120) days or extended time, if applicable,
must notify the Town Clerk in writing of such approval, within
fourteen (14) days from the expiration of said time limit for a
decision, and that a copy of that notice has been sent by the
Applicant to the parties in interest by mail and that each such
notice specifies that appeals, if any, shall be made pursuant to
Chapter 40R of the General Laws and shall be filed within
twenty (20) days after the date the Town Clerk received such
written notice from the Applicant that the Approving Authority
failed to act within the time prescribed;
4.11.11.5.4. The Approving Authority's findings, including the basis of
such findings, shall be stated in a written decision of approval,
conditional approval or denial of the application for Plan
Approval. The written decision shall contain the name and
address of the Applicant, identification of the land affected and
its ownership, and reference by date and title to the plans that
were the subject of the decision. The written decision shall
certify that a copy of the decision has been filed with the Town
Clerk and that all plans referred to in the decision are on file
with the Approving Authority;
4.11.11.5.5. The decision of the Approving Authority, together with the
detailed reasons therefore, shall also be filed with the Board of
Appeals and the Building Inspector. A copy of the decision
shall be mailed to the owner and to the Applicant, if other than
the owner, by the Approving Authority certifying that a copy
of the decision has been filed with the Town Clerk and that all
plans referred to in the decision are on file with the Approving
Authority. A notice of the decision shall be sent to the parties
in interest and to persons who requested a notice at the public
hearing; and
4.11.11.5.6. Effective date. If twenty (20) days have elapsed after the
decision has been filed in the office of the Town Clerk without
an appeal having been filed or if such appeal, having been
filed, is dismissed or denied, the Town Clerk shall so certify on
a copy of the decision. If the application is approved by reason
of the failure of the Approving Authority to timely act, the
Town Clerk shall make such certification on a copy of the
notice of application. A copy of the decision or notice of
application shall be recorded with the title of the land in
question in the Middlesex South District Registry of Deeds,
and indexed in the grantor index under the name of the owner
of record or recorded and noted on the owner's certificate of
title. The responsibility and the cost of said recording and
transmittal shall be borne by the owner of the land in question
or the Applicant.
4.11.11.6. Criteria for approval. The Approving Authority shall approve the
Development Project upon the following findings:
Special Town Meeting
29 December 10, 2007
4.11.11.6.1. The Applicant has submitted the required fees and information
as set forth in applicable regulations;
4.11.11.6.2. The proposed Development Project as described in the
application meets all of the requirements and standards set
forth in this Section 4.11 and applicable Design Standards, or a
waiver has been granted therefrom; and
4.11.11.6.3. Any extraordinary adverse potential impacts of the
Development Project on nearby properties have been
adequately mitigated.
For a Development Project subject to the Affordability requirements of
Section 4.11.10, compliance with Section 4.11.11.6.2. above shall
include written confirmation by the Approving Authority that all
requirements of that Section have been satisfied. Prior to the granting
of Plan Approval for a Project, the Applicant must demonstrate, to the
satisfaction of the Administering Agency, that the method by which
such affordable rents or affordable purchase prices are computed shall
be consistent with state or federal guidelines for affordability
applicable to the Town of Reading.
4.11.11.7. Criteria for conditional approval. The Approving Authority may
impose conditions on a Development Project as necessary to ensure
compliance with the GSGD requirements of this Section 4.11 and
applicable Design Standards, or to mitigate any extraordinary adverse
impacts of the Development Project on nearby properties, insofar as
such conditions are compliant with the provisions of Chapter 40R of
the General Laws and applicable regulations and do not Unduly
Restrict opportunities for development. The Approving Authority may
require construction of an approved Development Project to be phased
for the purpose of coordinating the Development Project with any
mitigation required to address extraordinary adverse Development
Project impacts on nearby properties and with the implementation of
the infrastructure improvements by the party designated as responsible
under the Infrastructure Letters.
4.11.11.8. Criteria for denial. The Approving Authority may deny an application
for Plan Approval pursuant to this Section 4.11 of the By-Law only if
the Approving Authority finds one or more of the following:
4.11.11.8.1. The Development Project does not meet the requirements and
standards set forth in this Section 4.11 and the applicable
Design Standards;
4.11.11.8.2. The Applicant failed to submit information and fees required
by this Section 4.11 and necessary for an adequate and timely
review of the design of the Development Project or potential
Development Project impacts; or
Special Town Meeting
30 December 10, 2007
4.11.11.8.3. It is not possible to adequately mitigate significant adverse
Development Project impacts on nearby properties by means of
suitable conditions.
4.11.11.9. Time limit. A project approval shall remain valid and shall run with
the land indefinitely provided that construction has commenced within
two (2) years after the decision issues, which time shall be extended by
the time required to adjudicate any appeal from such approval. Said
time shall also be extended if the project proponent is actively
pursuing other required permits for the project or if there is good cause
for the failure to commence construction, or as may be provided in an
approval for a multi-phase Development Project.
4.11.11.10. Appeals. Pursuant to Section 11 of Chapter 40R of the General Laws,
any person aggrieved by a decision of the Approving Authority may
appeal to the Superior Court, the Land Court, or other court of
competent jurisdiction within twenty (20) days after the Plan decision
has been filed in the office of the Town Clerk.
4.11.11.11. Upon approval of a Development Project by the Approving Authority,
but prior to construction, a pre-construction conference must be held
with Town staff. Prior to first occupancy, a pre-Certificate of
Occupancy meeting must be held with Town staff.
4.11.12 Waivers. The Approving Authority may authorize waivers with respect to
the dimensional and other standards set forth in this Section 4.11 in the
Plan Approval upon a finding that such waiver will allow the
Development Project to achieve the affordability and/or physical character
allowable under this By-Law. However, the Approving Authority may not
waive any portion of the Affordable Housing requirements in
Section 4.11.10 except insofar as such waiver results in the creation of a
number of Affordable Units in excess of the minimum number of required
Affordable Units.
4.11.13 Project Phasing. The Approving Authority, as a condition of any Plan
Approval, may allow a Development Project to be phased for the purpose
of coordinating the Development Project with any mitigation required to
address any extraordinary adverse Development Project impacts on nearby
properties and with the implementation of the infrastructure improvements
by the party designated as responsible under the Infrastructure Letters.
4.11.14 Change in plans after approval by Approving Authorfty.
4.11.14.1. Minor Change. 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
Special Town Meeting
31 December 10, 2007
units, or housing need or affordability features. Such minor changes
must be submitted to the Approving Authority on redlined prints of the
approved plan, reflecting the proposed change, and on application
forms provided by the Approving Authority. The Approving Authority
may authorize such changes at any regularly scheduled meeting,
without the need to hold a public hearing. The Approving Authority
shall set forth any decision to approve or deny such minor change by
motion and written decision, and provide a copy to the Applicant for
filing with the Town Clerk.
4.11.14.2. Major Change. Those changes deemed by the Approving Authority to
constitute a major change in a Development Project because of the
nature of the change in relation to the prior approved plan, or because
such change cannot be appropriately characterized as a minor change
as described above, shall be processed by the Approving Authority as
a new application for Plan Approval pursuant to this Section 4.11.
4.11.15 Fair Housing Requirement. All Development Projects within the GSGD
shall comply with applicable federal, state and local fair housing laws.
4.11.16 Annual Update. On or before July 31 of each year, the Board of
Selectmen shall cause to be filed an Annual Update with the Department
of Housing and Community Development (DHCD) in a form to be
prescribed by DHCD. The Annual Update shall contain all information
required in 760 CMR 59.07, as may be amended from time to time, and
additional information as may be required pursuant to Chapter 40S of the
General Laws and accompanying regulations. The Town Clerk of the
Town of Reading shall maintain a copy of all updates transmitted to
DHCD pursuant to this By-Law, with said copies to be made available
upon request for public review.
4.11.17 Notification of issuance of building ems. Upon issuance of a
residential building permit within the GSGD, the Building Inspector of the
Town of Reading shall cause to be filed an application to the Department
of Housing and Community Development (DHCD), in a form to be
prescribed by DHCD, for authorization of payment of a one-time density
bonus payment for each residential building permit pursuant to Chapter
40R of the General Laws. The application shall contain all information
required in 760 CMR 59.06(2), as may be amended from time to time, and
additional information as may be required pursuant to Chapter 40S of the
General Laws and accompanying regulations. The Town Clerk of the
Town of Reading shall maintain a copy of all such applications
transmitted to DHCD pursuant to this By-Law, with said copies to be
made available upon request for public review.
4.11.18 Date of Effect. The effective date of this By-Law shall be the date on
which such adoption is voted upon by Town Meeting pursuant to the
requirements of Section 5 of Chapter 40A of the General Laws and
Special Town Meeting
32 December 10, 2007
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.
4.11.19 Severability. If any provision of this Section 4.11 is found to be invalid by
a court of competent jurisdiction, the remainder of Section 4.11 shall not
be affected but shall remain in full force. The invalidity of any provision
of this Section 4.11 shall not affect the validity of the remainder of the
Zoning By-Laws of the Town of Reading.
And voted to amend the Zoning Map of the Town of Reading as follows:
~ YHB
~ e
~r~.4T...
..m,v.m.irr. 'Y~ .on~ ~~ppt ~ ~fwa~c_v+w~w"p STR3gT Be ~YS ~~53xS'€etl ~1
«m ( YY k &6j Y is 3
p Y
uw= I. e I C 44} R ~P /
it L JAMB NUeuc- vue roiq MAY
v ,NP IN M
~ ADDISON-WESLEY PUBtl ING, CO. g
N i34¢A PG STJ i
~~~m) SE8
On,mi mYDmko SMOKING PRCPCSFD 7LNNG CW 1 N-CT
s.mms®sxm.so.v pnM1FL: ""Ay 9Yn CHCMM WSIItlCt'-w
READING
+.m...~oa,.... nmo~~«.=.< MASSACHUSETTS
Community Planning and Development Commission
Presentation by Stephen Goldy
Ted Tye, Managing Partner of National Development described the proposed plan for the
site.
Scottt Weiss, Vice President of National Development, gave a traffic and impact study
presentation.
Angus Jennings of Concord Square Consultant gave presentation on Smart Growth
Zoning.
Special Town Meeting
33 December 10, 2007
Peter Hechenbleikner, Town Manager gave slide presentation on Reading's affordable
housing status.
ARTICLE 4 - On Motion by Ronald D'Addario, Precinct 6, it was moved to amend
Article 4 by adding the following to the end of Section 4.11.9.1.5: The project will meet
LEED's (Leadership, Energy, and Environmental Development) minimum rating of
"certifiable".
Motion did not carry.
ARTICLE 4 - On Motion by William C. Brown, Precinct 8, it was moved under Article
4 to have a roll call vote to table Article 4 and vote on Article 5.
Motion for roll call vote did not carry.
On original motion:
2/3 Vote required
122 voted in the affirmative
11 voted in the negative
ARTICLE 5 - On motion by David Tuttle, Secretary of Community Planning and
Development it was voted to amend the Zoning By-Laws as follows:
1. Amend Section 2.0 Definitions, by adding the following new definition:
2.2.2.28.1 Senior Independent Living: A facility that provides dwelling units for
residents over the age of 55, with no permanent residents under the age
of 18, in a single or multiple buildings or in separate townhouses or
cottages, and may include common areas for the use of residents.
2. Amend Section 4.2.2 Table of Uses, in the column for Business C District as
follows:
Apartment - Delete "NO" and substitute "NOA" and add at the end of the Table of
Uses: "A" Townhouses shall be permitted in the Business C District.
Nursing Home - Delete "NO" and substitute "YESB" and add at the end of the
Table of Uses: "B" Nursing Home and Senior Independent Living shall be
permitted in the Business C District.
The revised 4.2.2. Table of Uses showing the two above changes is shown below.
The modified portions of the table are in bold text and are not shaded. (The
shaded portions are shown for reference only.)
Special Town Meeting
34 December 10, 2007
I ~tblc of l;~c
I1:IC11 AI. ISI:S - lZl_S ILLS 1:1:5 131_ S [3l'S 13LS IV'I)
5-1 1-40 \-Ri) 13 -
S-20
-4U
~~l,,ulmet~l - T\o N N,
' l'iihlir~tnd (luus~-Public
1ur~in~~ l lomc SP- N SP V S1). ~ c~li tiu
Planned Unit Dc%clohmcnt nrn he hCrnlittcd (1111% ithilt d P1 D U~cr1,1\ 1)i~trict on tljci
Zoning WI).
Planned Residcnti,tl I_)c~clopm,:nt noty he I)Crn7ittCd only \v1111111 a PRD ()\crlx' 1)i~,trict
which rnav c.,,ist only m an S-4() or :\-1O or :~-tiU %onin~ I )i trio ull
the /onin~~ ~luh. -
(1111t 1-'sc, 1)1u% be h(:rnlitted onk in the hidtistT-1,11 District h\ spccial Pcrn]It grzantCd by the
N)trcl 01, to the rcyuircnicnts c& Section 4.-,.4. ' I t\ be hcr1111ttc~J
lulls vv101111 ~1 Statc-o~,nc~l lntcr~l~ttc hi~~h~~u~. ri~~ht-of-,~,n.
Ulu he hcrntittc~ only \1ithin .1 SL1tc-ovvncd lntcr~;t~ltc
\li\cd t, (>~crlt% n)avhe hcrntittc~l i_rnl\ in the I)ov~utoCRn 13u~inus 13 tistrict. 1-~rincih111 1.
traversed by Niain and Haven Strcc(,,.
A Townhouses shall be permitted in the Business C: District.
B Nursing Home and Senior Independent Living shall be bermitted in the Business C Dktrint
3. Amend Section 5.3.1.4. by adding a new sub-section 5.3.1.4.d. as follows:
d. Maximum Allowable Development - Senior Housing and Townhouses. The plan
entitled: "Business C Planning Subdistricts", dated October 2, 2007, on file with
the Building Inspector and the Town Clerk, and incorporated herein by reference,
establishes four (4) Planning Subdistricts within the Business C
District. Townhouses shall only be permitted within Planning Subdistrict A and
shall be limited to no more than 16 units. Senior independent living and/or
nursing home units shall only be permitted in Planning Subdistricts B and D,
provided that (a) no more than 160 units shall be permitted in any Planning
Subdistrict, (b) no more than 310 units shall be permitted within the entire
Business C District, and (c) no more than two (2) Planning Subdistricts may
contain senior independent living and/or nursing home units. Furthermore, except
as provided herein, no office or other allowed uses shall be permitted in a
Planning Subdistrict as a principal use if there are senior independent living
and/or nursing home units in such Planning Subdistrict. In order to encourage a
mix of uses within a Planning Subdistrict that also contains senior independent
living and/or nursing home units, up to 1000 square feet of office or other allowed
principal uses shall be permitted for each senior independent living and/or nursing
Special Town Meeting
35 December 10, 2007
home unit less than 160 units that is not constructed within a Planning Subdistrict.
For example, a Planning Subdistrict could contain 120 senior independent living
and/or nursing home units and up to 40,000 square feet of office or other allowed
principal uses. Further, the boundaries of a Planning Subdistrict may be modified
by the CPDC based upon Site Plan Review applications submitted by the
landowner or its agents for proposed. developments within the Business C District.
4
Amend Section 5.3.1.4 by adding a new sub-section 5.3.1.4.e. as follows:
e. For purposes of determining compliance with the foregoing requirements and the
height limitation in Table 5.1.2, all such setbacks and buffer areas shall be
measured from the boundary line between the Business C District and the
adjoining Residence S-20 District and the Residence S-15 District.
5
Amend Section 6.1.1.3, Off-Street Parking and Loading/Unloading
Requirements, as follows:
In the Principal Use column, add "Senior Independent Living" to "Lodging Houses,
Hotels, Motels and Tourist Homes" and in the Principal Use column, add
"Townhouse" to "Townhouse Development" so that the entire entry in the Table of
Off-Street Parking and Loading/Unloading Requirements would read as follows:
(The modified portions of the table are in bold text and are not shaded. The shaded
portions are shown for reference only.):
0.1.1.;. (lft=Str12ct ,11W h)a(1111,_il nlo,1 111 m-, I~Cotllrcn :fflS:
Principal i sc
Lodging Houses, Hotels,
Motels, Tourist Homes, and
Senior Independent Living
1li1»ul~un umber oC(Wf-
linimu11l Numhcr ul~ Strcct I.u,)din~~ ,IU~I
C)11=~trrct P~rr}:in~~ L!»loa~lin~ ~paccs
~I),lc12s 1Z12~lulr12~1
I~e~lUlt'cC1 J
I vIO sIYIC12)' I)lus onC
01112 SI),1C7 11' 0-100,00)
SI),Lce 1i)r cuCII sel),ll':Ii12
sLIUMV ICCt Of 110or
rent,(] unit us12d fur
tIV t: Mi) sl),)cc its '
sorb I)urhus12s.
l0O.1_WI-1 ~1).U~lO sclrlarc
112ct OI Ll-o<ti floor my l:
tht'ce ~Ir)cc~ ~1 1 ~(l.U I-
-100.000 s~lu,ll'C ICet 0
1
21.0 , 11001- 1R:,1: 10 Llr
s}?,11212ti 71 O1l2C )00.00(
s~ILIMV Iccl OI ~~fOSS 1100[-
aiva, plus, one spacc lOr
12,ICh aclLliti(_>nal 1 ~0.00()
squarc 1Cct OC ~-'ross Iloor
,lt'12Ll OV'121' 4k 0.000
Special Town Meeting
36 December 10, 2007
Townhouse and Townhouse I m) sJ)Llccs i'()r cucll None
Development d\\ (211111'-' un i t
6. Amend Section 4.3.3., Site Plan Review, by adding a new Section 4.3.3.12.3 as
follows:
4.3.3.12.3 Waiver of Parking, Loading Space and Related Design Requirements in
the Business C District.
Upon the applicant's request and submission of supporting documentation, the
Community Planning and Development Commission may waive or reduce the
requirements under Section 6.1.1.3 and Section 6.1.2, provided there is no adverse
impact in the areas described in Section 4.3.3.6.
And voted to amend the Zoning Map of the Town of Reading as follows:
0 C~ -4,
a _ 1 S aUBa ~a i SVB us~ e
S7BDZTJffC 'D
'llj'f 1
SUM97Rwrc
Oat t
01 wo
T
o ea iso v„e
. a:euryxm
suem.cr,®womnm~ta
me iaw, x,m
ARTICLE 5 - On Motion by Mary Ellen O'Neill, Precinct 6, it was moved to amend
Article 5 to strike from Section 2.2.2.28.1 definition of senior independent living the
phrase "with no permanent residents under the age of 18".
Motion did not carry.
ARTICLE 5 - On Motion by David O'Sullivan, Precinct 2, it was moved to amend
Article 5 by changing Section 5.3.1.4.d: Line 7 - eliminate the words "and D" after
Special Town Meeting
37 December 10, 2007
Planning Subdistricts; Line 8 - change 310 units to 160 units; and Line 10 - change "than
two (2)" to one (1).
Motion did not carry.
On original motion:
2/3 Vote required
113 voted in the affirmative
7 voted in the negative
ARTICLE 2 - On instructional motion by Ronald M. D'Addario, Precinct 6, it was
moved that the developer will work with Advisory Committee for Cities for Climate
Protection to meet LEED requirements for certifiability.
Motion did not carry.
On Motion by James E. Bonazoli, Chairman of the Board of Selectmen, it was moved to
adjourn this Special Town Meeting sine die.
Meeting adjourned at 11:26 p.m.
141 Town Meeting Members were present.
A true copy. Attest:
4 A
lia A. Rodger
Asst. Town Clerk
Special Town Meeting
38 December 10, 2007
Addison-Wesley Site
Business C District Re-Development
Reading, MA
■ Currently Allows Office
& Hotel
■ Addison-Wesley Site is -
the only Business C I_
District in Reading
I Overview
■ Changes to Business C District
1. Definitions
2. Table of Uses
3. Maximum Density
4. Internal Setbacks
5. Parking & Loading
6. Site Plan Review
Zoning Changes
Rending, MA
Addison-Wesley Site
Business C District Re-Development
Rending, MA
■ Currently Allows Office
& Hotel
Sys . A' p
■ Addison-Wesley Site is
the only Business C Puo B " ftpl
District in Reading
BUS. C
Addison-Wesley Site
Overview Zoning Changes
Rending, MA
■ Allow Senior Housing & Townhomes
• Keep all other Business C dimensional
controls the same
■ Work within the Town's Zoning Bylaw &
minimize changes
■ Density controlled by Business C
dimensional controls and limits
contained in bylaw
Addison-Wesley Site
1. Definitions Zoning Changes
Reading, MA
■ Townhouses
■ Senior Housing includes:
• Senior Independent Living (55 and older)
Assisted Living Already Included in
• Nursing Care "Nursing Home"
1
Addison-Wesley Site
1. Definitions Zoning Changes
Rending, MA
■ Townhouses
■ Senior Housing includes:
• Senior Independent Living (55 and older)
2.2-28-1. Senior Independent Living A facility that
provides dwelling units for residents over the
age of 55, with no permanent residents
under the age of 98, in a single or multiple
buildings or in separate townhouses or
cottages, and may include common areas for
the use of residents.
Addison-Wesley Site
2. Table of Uses Zoning Changes
Rending, MA
■ Senior Housing
• Not listed as a separate use.
• Nursing Home is listed
• Allow Nursing Home with footnote for Senior
Independent Living.
PC-
Addison-Wesley Site
3. Maximum Density Zoning Changes
v Off~~
_,W. .
iz~urf ~parGziy~~ts i
r, -
Addison-Wesley Site
2. Table of Uses Zoning Changes
Rend, MA
■ Townhouse
• Not listed as a separate use.
• Add as footnote to "Apartment" Use
Addison-Wesley Site
3. Maximum Density Zoning Changes
Rending, MA
■ Limit total development density for Senior
Housing and Townhouses
■ Restrict to areas outside of 40R Overlay
■ Encourage a mix of uses
Addison-Wesley Site
3. Maximum Density Zoning Changes
6'yr .
G
k~0i" ~rT wr`x 4=~. oY
2
Addison-Wesley Site
3. Maximum Density Zoning Changes
w >
A r z
A i
111 ir 5~~
h w RR
A
1 r J~ 3b~YS
3. Maximum Density
Addison-Wesley Site
Zoning Changes
¢h
sown 'i~ M... .
aH
3. Maximum Densit
Addison-Wesley Site
Z
i
Ch
y
on
ng
anges
r r~
e4
s
,.L
.r
r
-f
`C1R`ice
r u a
k C ~
'
r
ak
Addison-Wesley Site
3. Maximum Density Zoning Changes
Addison-Wesley Site
3. Maximum Density Zoning Changes
Rending, MA
5.34.4. d. Maximum Allowable Development- Senior
Housing and Townhouses... Townhouses
shall only be permitted within Planning
Subdistrict A and shall be limited to no more
than 16 units. Senior independent living and/or
nursing home units shall only be permitted in
Planning Subdistricts B and D, provided that (a)
no more than 160 units shall be permitted in any
Planning Subdistrict, (b) no more than 310 units
shall be permitted within the entire Business C
District, and (c) no more than two (2) Planning
Subdistricts may contain senior independent
living and/or nursing home units.
3
Addison-Wesley Site
3. Maximum Density Zoning Changes
Reading, MA
5.3.1.4.d. Maximum Allowable Development- Senior
Housing and Townhouses... In order to
encourage a mix of uses within a Planning
Subdistrict that also contains senior independent
living and/or nursing home units, up to 1000
square feet of office or other allowed principal
uses shall be permitted for each senior
independent living and/or nursing home unit less
than 160 units that is not constructed within a
Planning Subdistrict.
4. Internal Setbacks: Existing Setbacks Zoning Changes
Reading, MA
s'
Yh'
{ ~ ~
-ry.-~
La's
a } i
L
41
~
Y
Addison-Wesley Site
4. Internal Setbacks Zoning Changes
Rwding, MA
4.
S•15 ;
P ~ S
ass,
ti 3 u
4OROverlay rt 1
Addison-Wesley Site
4. Internal Setbacks Zoning Changes
Reeding, MA
• Keep all current "Special Case" setbacks in
place for property abutting Business C District
• Allow property within Business C District to be
integrated
Addison-Wesley Site
4. Internal Setbacks Zoning Changes
Rending, MA
= rt„xis;, s • 15 . 1 t ` 1
. ..A
~ 1' y/J11_.:r~I` gad
Addison-Wesley Site
4. Internal Setbacks Zoning Changes
Rending, MA
■ Keep all current "Special Case" setback in
place for property abutting Business C District
■ Allow property within Business C District to be
integrated
5.3.1.4.e. For purposes of determining compliance with the foregoing
requirements and the height limitation in Table 5.1.2, all
such setbacks and buffer areas shall be measured from
the boundary line between the Business C District and the
adjoining Residence S-20 District and the Residence S-15
District.
,4
Addison-Wesley Site
4. Internal Setbacks Zoning Changes
Reading, MA
■ Keep all current "Special Case" setback in
place for property abutting Business C District
■ Allow property within Business C District to be
integrated
5.3.1.4. e. For purposes of determining compliance with the foregoing
requirements and the height limitation in Table 5.1.2, all
such setbacks and buffer areas shall be measured from
the boundary line between the Business C District and the
adjoining Residence S-20 District and the Residence S-15
District.
Addison-Wesley Site
5. Parking & Loading Zoning Changes
Reading, MA
■ Use Existing Nursing Home
Requirements
■ Add "Senior Independent Living" to
existing "Lodging Houses, Hotels, Motels
and Tourist Homes" Requirements
■ Add "Townhouse" to existing "Townhouse
Development" Requirements
Addison-Wesley Site
6. Site Plan Review Zoning Changes
Rwding, MA
• Provide CPDC greater flexibility on
parking & loading
4.3.3.12.3. Waiver of Parking, Loading Space and Related Design
Requirements in the Business C District. Upon the
applicant's request and submission of supporting
documentation, the Community Planning and Development
Commission may waive or reduce the requirements under
Section 6.1.1.3 and Section 6.1.2, provided there is no
adverse impact in the areas described in Section 4.3.3.6, or
take any other action with respect thereto.
Addison-Wesley Site
5. Parking & Loading Zoning Changes
Reading, MA
Principal Use
Minimum Number of
Minimum Number of Off-Street
Off-Street Parking
Loading and Unloading Spaces
Spaces Required
Required
Lodging
Two spaces plus one
One space if 0-100,000 square feet
Houses, Hotels,
space for each
of gross floor area; two spaces if
Motels, Tourist
separate rental unit
100,001-150,000 square feel of
Homes and
used for such
gross floor area; three spaces if
Senior
purposes.
150,001-300,000 square feet of
Independent
gross floor area; four spaces if over
Living
300,000 square feet of gross floor
area, plus one space for each
additional 150,000 square feet of
gross floor area over 450,000
square feet of gross floor area.
Addison-Wesley Site
5. Parking & Loading Zoning Changes
Reading, NIA
Principal Use
Minimum Number of
Minimum Number of Off-Street
Off-Street Parking
Loading and Unloading Spaces
Spaces Required
Required
Townhouse
Two spaces for
None
and
each dwelling unit.
Townhouse
Development